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Case TitleGILBERT v. UNITED STATES AIR FORCE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv00318
Date Filed2021-02-04
Date ClosedOpen
JudgeJudge Carl J. Nichols
PlaintiffLORI C. GILBERT
Case DescriptionLori Gilbert, an Air Force major, submitted a FOIA request to the Department of the Air Force for records concerning the Commander-Directed investigation of her. The agency acknowledged receipt of the request. The agency sent a final response memorandum to Gilbert telling her that it had reviewed 1807 pages and was withholding some records. Gilbert filed an administrative appeal of the decision but after hearing nothing further from the agency, Gilbert filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES AIR FORCE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-02-041COMPLAINT for Injunctive Relief against UNITED STATES AIR FORCE ( Filing fee $ 402 receipt number ADCDC-8162226) filed by LORI C. GILBERT. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Air Force, # 3 Summons U.S. Attorney, # 4 Summons Attorney General)(Sobel, David) (Entered: 02/04/2021)
2021-02-04Case Assigned to Judge Carl J. Nichols. (adh, ) (Entered: 02/04/2021)
2021-02-042Standing Order. Signed by Judge Carl J. Nichols on February 4, 2021. (lccjn3) (Entered: 02/04/2021)
2021-02-043SUMMONS (3) Issued Electronically as to UNITED STATES AIR FORCE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 02/04/2021)
2021-02-184NOTICE of Appearance by Paul Cirino on behalf of UNITED STATES AIR FORCE (Cirino, Paul) (Entered: 02/18/2021)
2021-02-185NOTICE of Consent to Assignment to Magistrate Judge by UNITED STATES AIR FORCE (Cirino, Paul) (Entered: 02/18/2021)
2021-03-156ANSWER to Complaint by UNITED STATES AIR FORCE.(Cirino, Paul) (Entered: 03/15/2021)
2021-04-12MINUTE ORDER. Before the Court in this Freedom of Information Act case are a Complaint and an Answer. According to Local Civil Rule 16.3, the requirements of Federal Rule of Civil Procedure 26(f) are inapplicable. It is hereby ORDERED that the Parties shall confer and file a Joint Status Report by April 28, 2021. The Joint Status Report shall address: (1) the status of Plaintiffs FOIA request; (2) the anticipated number of documents responsive to Plaintiffs FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open Am. v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976); (5) the possibility of prioritizing documents responsive to Plaintiffs requests and any discussions regarding whether Plaintiffs requests can be narrowed; and (6) whether the Parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Carl J. Nichols on April 12, 2021. (lccjn3) (Entered: 04/12/2021)
2021-04-12Set/Reset Deadlines: Joint Status Report due by 4/28/2021. (zcal) (Entered: 04/12/2021)
2021-04-287Joint STATUS REPORT by UNITED STATES AIR FORCE. (Cirino, Paul) (Entered: 04/28/2021)
2021-05-10MINUTE ORDER. Upon review of the Parties' Joint Status Report, the Parties are hereby ORDERED to submit another Joint Status Report by May 28, 2021 . Signed by Judge Carl J. Nichols on May 10, 2021. (lccjn3) (Entered: 05/10/2021)
2021-05-10Set/Reset Deadlines: Joint Status Report due by 5/28/2021. (zcal) (Entered: 05/12/2021)
2021-05-288Joint STATUS REPORT by UNITED STATES AIR FORCE. (Cirino, Paul) (Entered: 05/28/2021)
2021-06-289Joint STATUS REPORT by UNITED STATES AIR FORCE. (Cirino, Paul) (Entered: 06/28/2021)
2021-07-2310Joint STATUS REPORT by UNITED STATES AIR FORCE. (Cirino, Paul) (Entered: 07/23/2021)
2021-08-05MINUTE ORDER. Upon review of the Parties' 10 Joint Status Report, it is hereby ORDERED that they file an additional Joint Status Report by September 10, 2021 , and every 30 days thereafter until this matter is resolved. Signed by Judge Carl J. Nichols on August 5, 2021. (lccjn3) (Entered: 08/05/2021)
2021-08-05Set/Reset Deadlines: Joint Status Report due by 9/10/2021. (zcal) (Entered: 08/06/2021)
2021-09-1011Joint STATUS REPORT by UNITED STATES AIR FORCE. (Cirino, Paul) (Entered: 09/10/2021)
2021-09-13MINUTE ORDER. Upon consideration of the Parties' proposed briefing schedule in their 11 Joint Status Report, the Court hereby enters the following briefing schedule: Defendant's motion for summary judgment shall be due November 19, 2021. Plaintiff's combined opposition to Defendant's motion for summary judgment and cross-motion for summary judgment shall be due December 20, 2021. Defendant's combined opposition to plaintiff's cross-motion for summary judgment and reply shall be due January 21, 2022. Plaintiff's reply shall be due February 4, 2022. Signed by Judge Carl J. Nichols on September 13, 2021. (lccjn3) (Entered: 09/13/2021)
2021-09-13Set/Reset Deadlines: Summary Judgment motions due by 11/19/2021. Cross Motions due by 12/20/2021. Response to Motion for Summary Judgment due by 12/20/2021. Response to Cross Motions due by 1/21/2022. Reply to Motion for Summary Judgment due by 1/21/2022. Reply to Cross Motions due by 2/4/2022. (zcal) (Entered: 09/15/2021)
2021-11-1912MOTION for Summary Judgment by UNITED STATES AIR FORCE. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Teresa S. Gonzalez, # 3 Statement of Facts, # 4 Text of Proposed Order)(Cirino, Paul) (Entered: 11/19/2021)
2021-12-1913Memorandum in opposition to re 12 MOTION for Summary Judgment filed by LORI C. GILBERT. (Attachments: # 1 Statement of Facts (Response), # 2 Declaration of Major Lori C. Gilbert, # 3 Exhibit 1 to Gilbert Decl., # 4 Exhibit 2 to Gilbert Decl., # 5 Exhibit 3 to Gilbert Decl., # 6 Exhibit 4 to Gilbert Decl., # 7 Exhibit 5 to Gilbert Decl., # 8 Text of Proposed Order)(Sobel, David) (Entered: 12/19/2021)
2021-12-1914MOTION for Summary Judgment by LORI C. GILBERT. (Attachments: # 1 Statement of Facts, # 2 Declaration of Lori C. Gilbert, # 3 Exhibit 1 to Gilbert Decl., # 4 Exhibit 2 to Gilbert Decl., # 5 Exhibit 3 to Gilbert Decl., # 6 Exhibit 4 to Gilbert Decl., # 7 Exhibit 5 to Gilbert Decl., # 8 Text of Proposed Order)(Sobel, David) (Entered: 12/19/2021)
2022-01-2115Memorandum in opposition to re 14 MOTION for Summary Judgment filed by UNITED STATES AIR FORCE. (Attachments: # 1 Declaration (Supplemental) of Teresa S. Gonzalez, # 2 Response to Plaintiff's Statement of Facts Not in Dispute, # 3 Text of Proposed Order)(Cirino, Paul) (Entered: 01/21/2022)
2022-01-2116REPLY to opposition to motion re 12 MOTION for Summary Judgment filed by UNITED STATES AIR FORCE. (Attachments: # 1 Declaration (Supplemental) of Teresa S. Gonzalez, # 2 Response to Plaintiff's Statement of Facts Not in Dispute, # 3 Text of Proposed Order)(Cirino, Paul) (Entered: 01/21/2022)
2022-02-0417REPLY to opposition to motion re 14 MOTION for Summary Judgment filed by LORI C. GILBERT. (Sobel, David) Modified docket link on 2/7/2022 (zeg). (Entered: 02/04/2022)
2022-09-15MINUTE ORDER. Upon consideration of the Defendants' Motion for Summary Judgment 12 and the Plaintiff's Cross-Motion for Summary Judgment 14 , it is hereby ORDERED that the Parties shall appear for oral argument on Tuesday, September 27, 2022 at 2:00pm in Courtroom 19. Signed by Judge Carl J. Nichols on September 15, 2022. (lccjn3) (Entered: 09/15/2022)
2022-09-15Set/Reset Hearings: Motion Hearing set for 9/27/2022 at 02:00 PM in Courtroom 19- In Person before Judge Carl J. Nichols. (zcal) (Entered: 09/19/2022)
2022-09-22Set/Reset Hearings: Motion Hearing RESET for 9/27/2022 at 01:00 PM in Courtroom 19- In Person before Judge Carl J. Nichols. Note time change. (zcal) (Entered: 09/22/2022)
2022-09-2318NOTICE OF SUBSTITUTION OF COUNSEL by Kartik Narayan Venguswamy on behalf of UNITED STATES AIR FORCE Substituting for attorney Paul Cirino (Venguswamy, Kartik) (Entered: 09/23/2022)
2022-09-27Minute Entry for proceedings held before Judge Carl J. Nichols: Motion Hearing held on 9/27/2022 re 12 and 14 . Motions taken under advisement. Defense email Courtroom Deputy due by 10/4/2022. Plaintiff's Response due by 10/7/2022. Court Reporter: Lorraine Herman. (zcal) (Entered: 09/27/2022)
2022-09-27MINUTE ORDER. Upon consideration of the Parties' oral arguments, it is hereby ORDERED that this case, including motions 12 and 14 , will be stayed pending resolution of the matters discussed at the September 27, 2022 hearing. Signed by Judge Carl J. Nichols on September 27, 2022. (lccjn3) (Entered: 09/27/2022)
2022-10-1719NOTICE of Filing Supplemental Declaration by UNITED STATES AIR FORCE re Order Staying Case, (Attachments: # 1 Declaration)(Venguswamy, Kartik) (Entered: 10/17/2022)
2022-10-2520RESPONSE re 19 Notice (Other) 2d Supplemental Gonzalez Declaration filed by LORI C. GILBERT. (Attachments: # 1 Declaration David L. Sobel)(Sobel, David) (Entered: 10/25/2022)
2022-11-02MINUTE ORDER. Upon consideration of Plaintiff's 20 Response to the Second Supplemental Gonzalez Declaration, it is hereby ORDERED that Defendant shall file a reply, if any, on or before November 10, 2022. Signed by Judge Carl J. Nichols on November 2, 2022. (lccjn3) (Entered: 11/02/2022)
2022-11-02Set/Reset Deadlines: Reply due by 11/10/2022. (zcal) (Entered: 11/02/2022)
2022-11-1821MOTION for Extension of Time to File Reply to Response to Declaration by UNITED STATES AIR FORCE. (Venguswamy, Kartik) (Entered: 11/18/2022)
2022-11-21MINUTE ORDER. Upon consideration of the U.S. Air Force's Motion for Extension of Time 21 , it is hereby ORDERED that the Motion is GRANTED. The Air Force shall file its reply on or before November 24, 2022. Signed by Judge Carl J. Nichols on November 21, 2022. (lccjn3) (Entered: 11/21/2022)
2022-11-21Set/Reset Deadlines: Reply due by 11/24/2022. (zcal) (Entered: 11/21/2022)
2022-11-2522REPLY re 19 Notice (Other) filed by UNITED STATES AIR FORCE. (Attachments: # 1 Exhibit A)(Venguswamy, Kartik) (Entered: 11/25/2022)
2022-11-30MINUTE ORDER. Upon consideration of the parties' filings 19 , 20 , and 22 , it is hereby ORDERED that Defendant United States Air Force shall file a status report on December 30, 2022, and every 30 days thereafter, informing the Court on the status of its search. Signed by Judge Carl J. Nichols on November 30, 2022. (lccjn3) (Entered: 11/30/2022)
2022-11-30Set/Reset Deadlines: Status Report due by 12/30/2022. (zcam) (Entered: 11/30/2022)
2022-12-3023STATUS REPORT by UNITED STATES AIR FORCE. (Venguswamy, Kartik) (Entered: 12/30/2022)
2023-02-0124STATUS REPORT by LORI C. GILBERT. (Sobel, David) (Entered: 02/01/2023)
2023-02-08MINUTE ORDER. Upon consideration of 24 Plaintiffs Status Report, it is hereby ORDERED that the Defendant produce to Plaintiff all of the responsive records found in its additional searches, subject to any appropriate withholdings, by February 28, 2023. Signed by Judge Carl J. Nichols on February 8, 2023. (lccjn3) (Entered: 02/08/2023)
2023-02-08Set/Reset Deadlines: Responsive Records due by 2/28/2023. (zcam) (Entered: 02/08/2023)
2023-02-1525STATUS REPORT by LORI C. GILBERT. (Sobel, David) (Entered: 02/15/2023)
2023-02-1726STATUS REPORT by UNITED STATES AIR FORCE. (Venguswamy, Kartik) (Entered: 02/17/2023)
2023-03-2027STATUS REPORT by UNITED STATES AIR FORCE. (Venguswamy, Kartik) (Entered: 03/20/2023)
2023-04-0428MOTION to Schedule Status Conference by LORI C. GILBERT. (Sobel, David) Modified on 4/4/2023 (znmw). (Entered: 04/04/2023)
2023-04-05MINUTE ORDER. Upon consideration of 28 Motion to Schedule Status Conference, it is hereby ORDERED that the Motion is GRANTED. The parties shall appear before the Court on April 19, 2023, at 11:00 AM EST in Courtroom 17. Signed by Judge Carl J. Nichols on April 5, 2023. (lccjn3) (Entered: 04/05/2023)
2023-04-05Set/Reset Hearings: Status Conference set for 4/19/2023 at 11:00 AM in Courtroom 17- In Person before Judge Carl J. Nichols. (mac) (Entered: 04/05/2023)
2023-04-10MINUTE ORDER. The status conference set for April 19, 2023, is reset for April 25, 2023, at 2 PM EST in Courtroom 17. Signed by Judge Carl J. Nichols on April 10, 2023. (lccjn3) (Entered: 04/10/2023)
2023-04-25Minute Entry for proceedings held before Judge Carl J. Nichols: Status Conference held on 4/25/2023. The Parties And The Court Discussed The Current Posture Of This Matter. Parties Submission That Includes Their Respective Positions On Any Issues That Remain In Dispute due by 5/10/2023. Government Omnibus Declaration due by 5/31/2023. Plaintiff Response due by 6/15/2023, (Court Reporter LORRAINE HERMAN.) (mac) (Entered: 04/26/2023)
2023-05-02MINUTE ORDER. The Parties are ORDERED to submit a joint filing with their respective positions on the remaining issues in this case on or before May 10, 2023. The Air Force is ORDERED to submit its omnibus declaration on or before May 31, 2023. Plaintiff is ORDERED to file her response to the declaration on or before June 15, 2023. Signed by Judge Carl J. Nichols on May 2, 2023. (lccjn3) (Entered: 05/02/2023)
2023-05-1029Joint STATUS REPORT of Contested Issues by UNITED STATES AIR FORCE. (Venguswamy, Kartik) (Entered: 05/10/2023)
2023-05-3130DECLARATION by UNITED STATES AIR FORCE. (Attachments: # 1 Declaration Omnibus Declaration of Teresa Gonzalez, # 2 Exhibit 1 - Omnibus Vaughn Index, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7)(Venguswamy, Kartik) (Entered: 05/31/2023)
2023-06-0131ERRATA Attaching Missing Exhibits by UNITED STATES AIR FORCE re 30 Declaration,. (Attachments: # 1 Exhibit 8, # 2 Exhibit 9)(Venguswamy, Kartik) (Entered: 06/01/2023)
2023-06-1332RESPONSE re 30 Declaration, filed by UNITED STATES AIR FORCE by LORI C. GILBERT. (Attachments: # 1 Exhibit A)(Sobel, David) Modified docket event/text on 6/23/2023 (zed). (Entered: 06/13/2023)
2024-01-1533NOTICE OF SUPPLEMENTAL AUTHORITY by LORI C. GILBERT (Sobel, David) (Entered: 01/15/2024)
2024-02-19MINUTE ORDER. Upon consideration of 30 Defendant's Declaration and 32 Plaintiff's Response to Defendants Declaration, it is hereby ORDERED that Defendant shall file on or before Friday, March 8, 2024, a supplemental brief of no more than 10 pages that responds to the arguments in 32 Plaintiff's Response. Plaintiff shall file a reply of not more than 10 pages by Friday, March 22, 2024. So Ordered by Judge Carl J. Nichols on 2/19/2024. (lccjn3) (Entered: 02/19/2024)
2024-02-19Set/Reset Deadlines: Supplemental Brief due by 3/8/2024. Reply due by 3/22/2024. (zcam) (Entered: 02/20/2024)
2024-03-0734MOTION for Extension of Time to File Supplemental Brief by UNITED STATES AIR FORCE. (Venguswamy, Kartik) (Entered: 03/07/2024)
2024-03-0735Memorandum in opposition to re 34 Motion for Extension of Time to File Supplemental Brief filed by LORI C. GILBERT. (Sobel, David) (Entered: 03/07/2024)
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