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Case TitleELYSIAN LABS, INC. v. U.S. DEPARTMENT OF THE ARMY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv01963
Date Filed2021-07-20
Date ClosedOpen
JudgeJudge Christopher R. Cooper
PlaintiffELYSIAN LABS, INC.
Case DescriptionElysian Labs submitted FOIA requests to the Department of Army for records concerning a white paper submitted by Elysian on whether the government had infringed the patent on its CHIRP technology that allows detection of changes in health conditions. The agency acknowledged receipt of the requests. After hearing nothing further from the agency, Elysian Labs filed administrative appeals. After hearing nothing further, Elysian Labs filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF THE ARMY
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

2021-07-201COMPLAINT for Injunctive Relief against DEPARTMENT OF ARMY ( Filing fee $ 402 receipt number ADCDC-8611537) filed by ELYSIAN LABS, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons US Army, # 3 Summons US Attorney General, # 4 Summons US Attorney Office D.C.)(Burd, Gene) (Entered: 07/20/2021)
2021-07-202LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ELYSIAN LABS, INC. (Burd, Gene) (Entered: 07/20/2021)
2021-07-20Case Assigned to Judge Christopher R. Cooper. (zsb) (Entered: 07/20/2021)
2021-07-203SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF THE ARMY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(adh, ) (Entered: 07/20/2021)
2021-08-024ENTERED IN ERROR. . . . .RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/28/2021. Answer due for ALL FEDERAL DEFENDANTS by 8/27/2021. (Attachments: # 1 Declaration of Gene M. Burd, # 2 Exhibit USPS Proof of Service)(Burd, Gene) Modified on 8/9/2021 (ztd). (Entered: 08/02/2021)
2021-08-04NOTICE OF ERROR re 4 Summons Returned Executed in FOIA as to U.S. Attorney; emailed to gene.burd@fisherbroyles.com, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. You must enter and select the return of service dates for the Attorney General and defendant as stated in your document. (ztd, ) (Entered: 08/04/2021)
2021-08-095RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF THE ARMY served on 7/27/2021 (Attachments: # 1 Declaration of Gene M. Burd, # 2 Exhibit to Burd Decl.)(Burd, Gene) (Entered: 08/09/2021)
2021-08-096RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 07/28/2021. (Attachments: # 1 Declaration of Gene M. Burd, # 2 Exhibit to Burd Decl.)(Burd, Gene) (Entered: 08/09/2021)
2021-08-097ERRATA by ELYSIAN LABS, INC. re 4 Summons Returned Executed in FOIA as to U.S. Attorney,. (Burd, Gene) (Entered: 08/09/2021)
2021-08-098RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/2/2021. Answer due for ALL FEDERAL DEFENDANTS by 9/1/2021. (Attachments: # 1 Declaration of Gene M. Burd, # 2 Exhibit to Burd Decl.)(Burd, Gene) (Entered: 08/09/2021)
2021-08-269NOTICE of Appearance by Jessica B. Colsia on behalf of U.S. DEPARTMENT OF THE ARMY (Colsia, Jessica) (Entered: 08/26/2021)
2021-09-0110First MOTION for Extension of Time to File Answer by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Colsia, Jessica) (Entered: 09/01/2021)
2021-09-0211Memorandum in opposition to re 10 First MOTION for Extension of Time to File Answer filed by ELYSIAN LABS, INC.. (Attachments: # 1 Text of Proposed Order)(Burd, Gene) (Entered: 09/02/2021)
2021-09-03MINUTE ORDER granting 10 Motion for Extension of Time: It is hereby ORDERED that Defendant's Response to the Complaint shall be due on or before September 22, 2021. Signed by Judge Christopher R. Cooper on 9/3/2021. (lccrc1) (Entered: 09/03/2021)
2021-09-2212ANSWER to Complaint by U.S. DEPARTMENT OF THE ARMY.(Colsia, Jessica) (Entered: 09/22/2021)
2021-09-24MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties promptly confer and file a joint proposed schedule for briefing or disclosure by October 12, 2021. Signed by Judge Christopher R. Cooper on 9/24/2021. (lccrc1) (Entered: 09/24/2021)
2021-09-24Set/Reset Deadlines: Proposed Briefing Schedule due by 10/12/2021. (znbn) (Entered: 09/24/2021)
2021-10-1213Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Colsia, Jessica) (Entered: 10/12/2021)
2021-10-1414MINUTE ORDER. The parties will submit another joint status report on or before December 20, 2021. See full Order for details. Signed by Judge Christopher R. Cooper on 10/14/2021. (lccrc1) Modified on 10/14/2021 (lsj). (Entered: 10/14/2021)
2021-12-2015Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Colsia, Jessica) (Entered: 12/20/2021)
2021-12-22MINUTE ORDER: In light of the 15 Joint Status Report, the parties are hereby ordered to submit a further joint status report on or before January 19, 2022. Signed by Judge Christopher R. Cooper on 12/22/2021. (lccrc1) (Entered: 12/22/2021)
2022-01-1916Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Colsia, Jessica) (Entered: 01/19/2022)
2022-01-21MINUTE ORDER: In light of the parties' 16 joint status report, the parties will submit a further joint status report on or before February 22, 2022. Signed by Judge Christopher R. Cooper on 1/20/2021. (lccrc1) (Entered: 01/21/2022)
2022-02-2517NOTICE of Appearance by John Haberland on behalf of U.S. DEPARTMENT OF THE ARMY (Haberland, John) (Entered: 02/25/2022)
2022-02-2518Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 02/25/2022)
2022-03-01MINUTE ORDER: In light of the parties' 18 joint status report, the parties will submit a further joint status report on or before 3/25/2022. Signed by Judge Christopher R. Cooper on 2/28/2022. (lcrc1) (Entered: 03/01/2022)
2022-03-2519Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 03/25/2022)
2022-03-28MINUTE ORDER: In light of the parties' 19 Joint Status Report, the parties will submit a further joint status report on or before April 22, 2022. Signed by Judge Christopher R. Cooper on 3/28/2022. (lccrc1) (Entered: 03/28/2022)
2022-04-2220Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 04/22/2022)
2022-04-25MINUTE ORDER: In light of the parties' 20 joint status report, the parties are hereby ordered to file a further status report by May 24, 2022. In the next report, the parties should identify any remaining issues to be resolved and propose a schedule for briefing. Signed by Judge Christopher R. Cooper on 4/25/2022. (lccrc1) (Entered: 04/25/2022)
2022-05-2421Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 05/24/2022)
2022-05-26MINUTE ORDER: In light of the parties' 21 joint status report, the parties are hereby ordered to file a further status report by June 28, 2022. Signed by Judge Christopher R. Cooper on 5/26/2022. (lccrc1) (Entered: 05/26/2022)
2022-06-2822Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 06/28/2022)
2022-06-29MINUTE ORDER: In light of the parties' 22 joint status report, the parties are hereby ordered to file a further status report by July 29, 2022. Signed by Judge Christopher R. Cooper on 6/29/2022. (lccrc1) (Entered: 06/29/2022)
2022-07-2923Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 07/29/2022)
2022-08-01MINUTE ORDER: In light of the parties' 23 joint status report, the parties are hereby ordered to file a further status report by 9/29/2022. Signed by Judge Christopher R. Cooper on 8/1/2022. (lccrc1) (Entered: 08/01/2022)
2022-09-2724Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 09/27/2022)
2022-09-28MINUTE ORDER: In light of the parties' 24 Joint Status Report, the Court hereby orders the following briefing schedule for the parties to present the remaining issues to the Court: Plaintiff's motion for summary judgment is due October 7, 2022. Defendant's opposition and cross motion for summary judgment is due November 7, 2022. Plaintiff's opposition and reply are due November 22, 2022. Defendant's reply is due December 7, 2022. SO ORDERED by Judge Christopher R. Cooper on 9/28/2022. (lccrc1) (Entered: 09/28/2022)
2022-10-0725MOTION for Summary Judgment by ELYSIAN LABS, INC.. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Gene M. Burd, # 4 Text of Proposed Order, # 5 Certificate of Service)(Burd, Gene) (Entered: 10/07/2022)
2022-11-0426Consent MOTION for Extension of Time to File Cross MSJ and Opposition by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 11/04/2022)
2022-11-07MINUTE ORDER granting Defendant's 26 Consent Motion for Extension of Time. The summary judgment briefing schedule set forth in the Court's September 28, 2022 Minute Order is hereby modified as follows: Defendant's opposition and cross motion for summary judgment is due December 20, 2022. Plaintiff's opposition and reply are due January 20, 2023. Defendant's reply is due February 3, 2023. SO ORDERED by Judge Christopher R. Cooper on 11/7/2022. (lccrc1) (Entered: 11/07/2022)
2022-12-1927Consent MOTION for Extension of Time to File Response/Reply as to 25 MOTION for Summary Judgment by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 12/19/2022)
2022-12-21MINUTE ORDER: The Court has reviewed the parties' December 19 27 Consent Motion for Extension of Time. Plaintiff's 25 Motion for Summary Judgment has been pending without a response for some two and a half months. The last two extension motions have indicated that the agency continues to find additional responsive documents and that the release of those records might alleviate the need for further briefing. Yet, Plaintiff's summary judgment motion does challenge the scope or adequacy of the agency's search. It instead challenges the withholding or redaction of records that the agency previously found in its initial search. The extension motions do not explain how the release of newly found records could resolve Plaintiff's complaints about the agency's existing withholdings. The Court is also concerned that, if no resolution of the case is reached, the parties' proposed briefing schedule under which any opposition would not be filed for another two months would unnecessarily prolong the briefing in the case. Accordingly, the parties are directed to file a further joint status report by December 28, 2022 addressing these points. Signed by Judge Christopher R. Cooper on 12/21/2022. (lccrc1) (Entered: 12/21/2022)
2022-12-2828Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Haberland, John) (Entered: 12/28/2022)
2022-12-29MINUTE ORDER: In light of the further explanation of Defendant's recent supplemental record releases and the possibility that further summary judgment proceeding may be unnecessary or substantially limited, the Court hereby strikes Plaintiff's 25 Motion for Summary Judgment. Plaintiff may renew its motion in the event the parties' continuing dialogue fails to resolve all disputes. The parties are directed to file a further joint status report on or before February 24, 2023. So Ordered by Judge Christopher R. Cooper on 12/29/2022. (lccrc3) (Entered: 12/29/2022)
2023-01-04MINUTE ORDER: In light of the Court's December 29, 2022 Minute Order, the Court hereby denies as moot the 27 Motion for Extension of Time to File Response/Reply. Signed by Judge Christopher R. Cooper on 1/4/2023. (lccrc1) (Entered: 01/04/2023)
2023-02-2429Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 02/24/2023)
2023-02-27MINUTE ORDER: In light of the parties' 29 Joint Status Report, the parties are hereby ordered to file a further status report by April 21, 2023. Signed by Judge Christopher R. Cooper on 2/27/2023. (lccrc1) (Entered: 02/27/2023)
2023-04-2030Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 04/20/2023)
2023-04-21MINUTE ORDER: In light of the parties' 30 Joint Status Report, the parties are hereby ordered to file a further status report by May 30, 2023. Signed by Judge Christopher R. Cooper on 4/21/2023. (lccrc1) (Entered: 04/21/2023)
2023-05-2331Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 05/23/2023)
2023-05-24MINUTE ORDER: In light of the parties' 31 Joint Status Report, the parties are hereby ordered to file a further status report by July 28, 2023. Signed by Judge Christopher R. Cooper on 5/24/2023. (lccrc1) (Entered: 05/24/2023)
2023-06-1532NOTICE OF SUBSTITUTION OF COUNSEL by Patrick Doyle on behalf of U.S. DEPARTMENT OF THE ARMY Substituting for attorney John Haberland; Jessica Colsia (Doyle, Patrick) (Entered: 06/15/2023)
2023-07-2833Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 07/28/2023)
2023-08-01MINUTE ORDER: In light of the parties' 33 Joint Status Report, the parties are hereby ordered to file a further status report by August 28, 2023. Signed by Judge Christopher R. Cooper on 8/1/2023. (lccrc1) (Entered: 08/01/2023)
2023-08-2834Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 08/28/2023)
2023-09-06MINUTE ORDER: In light of the parties' 34 Joint Status Report, the parties are hereby ordered to file a further status report by September 28, 2023. Signed by Judge Christopher R. Cooper on 9/6/2023. (lccrc1) (Entered: 09/06/2023)
2023-09-2835Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 09/28/2023)
2023-09-29MINUTE ORDER: In light of the parties' 35 Joint Status Report, the parties are hereby ordered to file a further status report by October 27, 2023. Signed by Judge Christopher R. Cooper on 9/29/2023. (lccrc1) (Entered: 09/29/2023)
2023-10-2736Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 10/27/2023)
2023-10-27MINUTE ORDER: In light of the parties' 36 Joint Status Report, the parties are hereby ordered to file a further status report by December 8, 2023. If disputes remain at that time, the parties shall include a schedule for prompt summary judgment briefing. Signed by Judge Christopher R. Cooper on 10/27/2023. (lccrc1) (Entered: 10/27/2023)
2023-12-0837Joint STATUS REPORT and Joint Motion to Stay Briefing Schedule by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 12/08/2023)
2023-12-0838MOTION to Stay by U.S. DEPARTMENT OF THE ARMY. (See Docket Entry 37 to view document) (zjm) (Entered: 12/11/2023)
2023-12-12MINUTE ORDER granting 38 Motion to Stay Order for Briefing Schedule. The parties are hereby ordered to file a further status report by February 8, 2024. Signed by Judge Christopher R. Cooper on 12/12/2023. (lccrc1) (Entered: 12/12/2023)
2023-12-2139MOTION to Withdraw as Attorney by ELYSIAN LABS, INC.. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Notice to the Client, # 3 Certificate of Service, # 4 Text of Proposed Order)(Burd, Gene) (Entered: 12/21/2023)
2023-12-2840NOTICE of Appearance by Kyle Renee Freeny on behalf of ELYSIAN LABS, INC. (Freeny, Kyle) (Entered: 12/28/2023)
2023-12-2941NOTICE OF WITHDRAWAL OF MOTION by ELYSIAN LABS, INC. re 39 MOTION to Withdraw as Attorney (Burd, Gene) (Entered: 12/29/2023)
2024-01-0742NOTICE OF WITHDRAWAL OF APPEARANCE as to ELYSIAN LABS, INC.. Attorney Gene M. Burd terminated. (Burd, Gene) (Entered: 01/07/2024)
2024-02-0743Joint STATUS REPORT by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 02/07/2024)
2024-02-0744Joint MOTION to Stay by U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 02/07/2024)
2024-02-08MINUTE ORDER granting 44 Motion to Stay. The case is hereby stayed until May 6, 2024. The parties shall submit a joint status report by May 10, 2024, which shall propose a schedule for further proceedings if the dispute remains following the outcome of the administrative claim. Signed by Judge Christopher R. Cooper on 2/8/2024. (lccrc1) (Entered: 02/08/2024)
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