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Case TitleADVANCE MAGAZINE PUBLISHERS, INC. v. U.S. DEPARTMENT OF DEFENSE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv01522
Date Filed2021-06-04
Date ClosedOpen
JudgeJudge Tanya S. Chutkan
PlaintiffAPM REPORTS
TERMINATED: 06/14/2023
PlaintiffADVANCE MAGAZINE PUBLISHERS, INC.
Case DescriptionAPM Reports, American Public Media's investigative reporting and documentary group, submitted FOIA requests to the Department of Defense and various components for records concerning alleged war crimes perpetrated by service members. Components withheld records under Exemption 6 (invasion privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records), while others failed to respond at all. Ultimately, APM Reports filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF DEFENSE
DefendantU.S. AIR FORCE
DefendantU.S. DEPARTMENT OF THE ARMY
DefendantU.S. MARINE CORPS
DefendantU.S. DEPARTMENT OF THE NAVY
DefendantU.S. SPECIAL OPERATIONS COMMAND
DefendantU.S. CENTRAL COMMAND
DefendantUNITED STATES CENTERAL COMMAND
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-06-041COMPLAINT against U.S. AIR FORCE, U.S. CENTRAL COMMAND, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE ARMY, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS, U.S. SPECIAL OPERATIONS COMMAND ( Filing fee $ 402 receipt number ADCDC-8503517) filed by APM REPORTS. (Attachments: # 1 Exhibit 1-10, # 2 Exhibit 11-20, # 3 Exhibit 21-30, # 4 Exhibit 31-38, # 5 Civil Cover Sheet, # 6 Summons)(Topic, Matthew) (Entered: 06/04/2021)
2021-06-042NOTICE of Appearance by Matthew Topic on behalf of APM REPORTS (Topic, Matthew) (Entered: 06/04/2021)
2021-06-04Case Assigned to Judge Tanya S. Chutkan. (adh, ) (Entered: 06/04/2021)
2021-06-043SUMMONS (9) Issued Electronically as to U.S. AIR FORCE, U.S. CENTRAL COMMAND, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE ARMY, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS, U.S. SPECIAL OPERATIONS COMMAND, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 06/04/2021)
2021-07-194RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. AIR FORCE served on 6/21/2021 (Topic, Matthew) (Entered: 07/19/2021)
2021-07-195RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF THE ARMY served on 6/17/2021 (Topic, Matthew) (Entered: 07/19/2021)
2021-07-196RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. CENTRAL COMMAND served on 6/21/2021 (Topic, Matthew) (Entered: 07/19/2021)
2021-07-197RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF DEFENSE served on 6/17/2021 (Topic, Matthew) (Entered: 07/19/2021)
2021-07-198RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF THE NAVY served on 6/21/2021 (Topic, Matthew) (Entered: 07/19/2021)
2021-07-199RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. MARINE CORPS served on 6/21/2021 (Topic, Matthew) (Entered: 07/19/2021)
2021-07-1910RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. SPECIAL OPERATIONS COMMAND served on 6/21/2021 (Topic, Matthew) (Entered: 07/19/2021)
2021-07-1911RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 06/22/2021. (Topic, Matthew) (Entered: 07/19/2021)
2021-07-1912RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/22/2021. Answer due for ALL FEDERAL DEFENDANTS by 7/22/2021. (Topic, Matthew) (Entered: 07/19/2021)
2021-07-2113ANSWER to Complaint by U.S. AIR FORCE, U.S. CENTRAL COMMAND, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE ARMY, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS, U.S. SPECIAL OPERATIONS COMMAND.(Tilghman, Michael) (Entered: 07/21/2021)
2021-10-28MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues no later than 12/9/22. The joint status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 10/28/21. (DJS) (Entered: 10/28/2021)
2021-11-02Set/Reset Deadlines: Joint Status Report due by 12/9/2022. (tb) (Entered: 11/02/2021)
2021-12-0914Joint STATUS REPORT by U.S. AIR FORCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE ARMY, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS, U.S. SPECIAL OPERATIONS COMMAND, UNITED STATES CENTERAL COMMAND. (Tilghman, Michael) (Entered: 12/09/2021)
2021-12-30MINUTE ORDER: Having considered the parties' joint status report, it is hereby ordered that the parties shall file another joint report by 2/7/22 and every 60 days thereafter. To the extent the report contains a proposal to change the status quo, the report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 12/30/21. (DJS) (Entered: 12/30/2021)
2021-12-30Set/Reset Deadlines: Joint Status Report due by 2/7/2022. (jth) (Entered: 12/30/2021)
2022-01-06Set/Reset Deadlines: Joint Status Report due by 2/7/2022. (tb) (Entered: 01/06/2022)
2022-02-0715Joint STATUS REPORT by U.S. AIR FORCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE ARMY, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS, U.S. SPECIAL OPERATIONS COMMAND, UNITED STATES CENTERAL COMMAND. (Tilghman, Michael) (Entered: 02/07/2022)
2022-04-0716NOTICE of Appearance by Joshua Loevy on behalf of APM REPORTS (Loevy, Joshua) (Entered: 04/07/2022)
2022-04-0817NOTICE of Appearance by Dedra Seibel Curteman on behalf of All Defendants (Curteman, Dedra) (Entered: 04/08/2022)
2022-04-0818Joint STATUS REPORT by U.S. AIR FORCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE ARMY, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS, U.S. SPECIAL OPERATIONS COMMAND, UNITED STATES CENTERAL COMMAND. (Curteman, Dedra) (Entered: 04/08/2022)
2022-06-0719Joint STATUS REPORT by U.S. AIR FORCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE ARMY, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS, U.S. SPECIAL OPERATIONS COMMAND, UNITED STATES CENTERAL COMMAND. (Curteman, Dedra) (Entered: 06/07/2022)
2022-07-0520NOTICE OF WITHDRAWAL OF APPEARANCE as to U.S. AIR FORCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE ARMY, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS, U.S. SPECIAL OPERATIONS COMMAND, UNITED STATES CENTERAL COMMAND. Attorney Dedra Seibel Curteman terminated. (Curteman, Dedra) (Entered: 07/05/2022)
2022-08-0521Joint STATUS REPORT by U.S. AIR FORCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE ARMY, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS, U.S. SPECIAL OPERATIONS COMMAND, UNITED STATES CENTERAL COMMAND. (Tilghman, Michael) (Entered: 08/05/2022)
2022-09-1322NOTICE OF SUBSTITUTION OF COUNSEL by John Moustakas on behalf of U.S. AIR FORCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE ARMY, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS, U.S. SPECIAL OPERATIONS COMMAND, UNITED STATES CENTERAL COMMAND Substituting for attorney Michael A. Tilghman, II (Moustakas, John) (Entered: 09/13/2022)
2022-10-0423STATUS REPORT by APM REPORTS. (Loevy, Joshua) (Entered: 10/04/2022)
2022-10-1124Joint STATUS REPORT by U.S. AIR FORCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE ARMY, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS, U.S. SPECIAL OPERATIONS COMMAND, UNITED STATES CENTERAL COMMAND. (Moustakas, John) (Entered: 10/11/2022)
2022-12-0925Joint STATUS REPORT by U.S. AIR FORCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE ARMY, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS, U.S. SPECIAL OPERATIONS COMMAND, UNITED STATES CENTERAL COMMAND. (Moustakas, John) (Entered: 12/09/2022)
2023-02-0726Joint STATUS REPORT by U.S. AIR FORCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE ARMY, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS, U.S. SPECIAL OPERATIONS COMMAND, UNITED STATES CENTERAL COMMAND. (Moustakas, John) (Entered: 02/07/2023)
2023-02-2127NOTICE of Appearance by Merrick Jason Wayne on behalf of APM REPORTS (Wayne, Merrick) (Entered: 02/21/2023)
2023-02-22RESOLVED...NOTICE of Provisional/Government Not Certified Status re NOTICE of Appearance by Merrick Jason Wayne on behalf of BUZZFEED INC., JASON LEOPOLD (Wayne, Merrick), Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 3/1/2023. (zbaj) Modified on 2/23/2023 (znmw). Modified on 3/2/2023 (zbaj). (Entered: 02/22/2023)
2023-04-1028Joint STATUS REPORT by U.S. AIR FORCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE ARMY, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS, U.S. SPECIAL OPERATIONS COMMAND, UNITED STATES CENTERAL COMMAND. (Moustakas, John) (Entered: 04/10/2023)
2023-05-2529NOTICE of Appearance by Stephen Stich Match on behalf of APM REPORTS (Match, Stephen) (Entered: 05/25/2023)
2023-05-2630Unopposed MOTION to Substitute Party by APM REPORTS. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Match, Stephen) (Entered: 05/26/2023)
2023-06-0931Joint STATUS REPORT by APM REPORTS. (Wayne, Merrick) (Entered: 06/09/2023)
2023-06-14MINUTE ORDER: Granting 30 Unopposed Motion to Substitute Party. Advance Magazine Publishers, Inc. is substituted in the place and stead of American Public Media Reports as plaintiff in this action. It is further ORDERED that Advance Magazine Publishers, Inc. is deemed to have adopted all American Public Media Reports' filings in this action. Accordingly, the Clerk of the Court shall update the docket, including the case caption. Signed by Judge Tanya S. Chutkan on 6/14/23. (lcsr) (Entered: 06/14/2023)
2023-08-1832Joint STATUS REPORT by ADVANCE MAGAZINE PUBLISHERS, INC.. (Wayne, Merrick) (Entered: 08/18/2023)
2023-08-24MINUTE ORDER: Upon consideration of the parties' 32 Joint Status Report, the parties shall file another joint status report by September 14, 2023 and every 60 days thereafter. To the extent that parties propose a change in the status quo, the report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 8/24/23. (lca) (Entered: 08/24/2023)
2023-08-24Set/Reset Deadlines: Status Report due by 9/14/2023 and every 60 days thereafter. (zed) (Entered: 08/25/2023)
2023-09-1433Joint STATUS REPORT by U.S. AIR FORCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE ARMY, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS, U.S. SPECIAL OPERATIONS COMMAND, UNITED STATES CENTERAL COMMAND. (Moustakas, John) (Entered: 09/14/2023)
2023-11-1334Joint STATUS REPORT by U.S. AIR FORCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE ARMY, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS, U.S. SPECIAL OPERATIONS COMMAND, UNITED STATES CENTERAL COMMAND. (Moustakas, John) (Entered: 11/13/2023)
2024-01-1135Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE. (Duffey, Thomas) (Entered: 01/11/2024)
2024-01-1436NOTICE OF SUBSTITUTION OF COUNSEL by Thomas Duffey on behalf of U.S. AIR FORCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE ARMY, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS, U.S. SPECIAL OPERATIONS COMMAND, UNITED STATES CENTERAL COMMAND Substituting for attorney John Moustakas (Duffey, Thomas) (Entered: 01/14/2024)
2024-03-0437Joint STATUS REPORT by U.S. AIR FORCE, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE ARMY, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS, U.S. SPECIAL OPERATIONS COMMAND, UNITED STATES CENTERAL COMMAND. (Duffey, Thomas) (Entered: 03/04/2024)
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