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Case TitleCENTER FOR PUBLIC INTEGRITY v. SOUTH DAKOTA NATIONAL GUARD et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv02476
Date Filed2021-09-22
Date Closed2023-07-03
JudgeJudge Trevor N. McFadden
PlaintiffCENTER FOR PUBLIC INTEGRITY
Case DescriptionThe Center for Public Integrity submitted a FOIA request to the South Dakota National Guard and the Department of Defense for records concerning a grant from Willis and Reba Johnson to the South Dakota National Guard. The agency acknowledged receipt of the request. The SDNG told the Center of Public Integrity that it would not respond to the request because it was not subject to FOIA. After hearing nothing further from the agency, CPI filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantSOUTH DAKOTA NATIONAL GUARD
DefendantU.S. DEPARTMENT OF DEFENSE
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

2021-09-221COMPLAINT against SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF DEFENSE ( Filing fee $ 402 receipt number ADCDC-8749232) filed by CENTER FOR PUBLIC INTEGRITY. (Attachments: # 1 Exhibit SDNG FOIA Response, # 2 Civil Cover Sheet, # 3 Summons SDNG, # 4 Summons DOD, # 5 Summons USAtty, # 6 Summons AttyGen)(Smith, Peter) (Entered: 09/22/2021)
2021-09-222LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR PUBLIC INTEGRITY (Smith, Peter) (Entered: 09/22/2021)
2021-09-22Case Assigned to Judge Trevor N. McFadden. (zsb) (Entered: 09/22/2021)
2021-09-233STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 9/23/2021. (lctnm2) (Entered: 09/23/2021)
2021-09-234SUMMONS (4) Issued Electronically as to SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF DEFENSE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(adh, ) (Entered: 09/23/2021)
2021-09-245RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/23/2021. Answer due for ALL FEDERAL DEFENDANTS by 10/23/2021. (Smith, Peter) (Entered: 09/24/2021)
2021-10-016RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. SOUTH DAKOTA NATIONAL GUARD served on 9/30/2021; U.S. DEPARTMENT OF DEFENSE served on 9/30/2021, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/27/2021. (Attachments: # 1 Exhibit Postal Return Receipt - SDNG, # 2 Exhibit Postal Return Receipt - DoD, # 3 Exhibit Postal Return Receipt - AttyGen)(Smith, Peter) (Entered: 10/01/2021)
2021-10-197NOTICE of Appearance by Julia Alexandra Heiman on behalf of All Defendants (Heiman, Julia) (Entered: 10/19/2021)
2021-10-198Consent MOTION for Extension of Time to File Answer re 1 Complaint, by SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Heiman, Julia) (Entered: 10/19/2021)
2021-10-20MINUTE ORDER granting 8 Consent Motion for Extension of Time. Defendants shall file their answer by December 1, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/20/21. (lctnm2) (Entered: 10/20/2021)
2021-10-20Set/Reset Deadlines: Defendants' answer due by 12/1/2021. (hmc) (Entered: 10/20/2021)
2021-12-019ANSWER to Complaint by SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF DEFENSE.(Heiman, Julia) (Entered: 12/01/2021)
2021-12-01MINUTE ORDER. Before the Court are a complaint and an answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, 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, and a briefing schedule for dispositive motions, if required. The parties shall file the report on or before January 4, 2022. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/1/21. (lctnm2) (Entered: 12/01/2021)
2021-12-02Set/Reset Deadlines: Joint Status Report due by 1/4/2022. (ztg) (Entered: 12/02/2021)
2022-01-0410Joint STATUS REPORT by SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF DEFENSE. (Heiman, Julia) (Entered: 01/04/2022)
2022-01-04MINUTE ORDER. Upon consideration of the 10 Joint Status Report, the Court hereby orders the parties to submit another JSR by February 4, 2022. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/4/22. (lctnm2) (Entered: 01/04/2022)
2022-01-06Set/Reset Deadlines: Joint Status Report due by 2/4/2022. (zhmc) (Entered: 01/06/2022)
2022-02-0411Joint STATUS REPORT by SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF DEFENSE. (Heiman, Julia) (Entered: 02/04/2022)
2022-02-05MINUTE ORDER. Upon consideration of the 11 Joint Status Report, the parties shall file another JSR by March 4, 2022. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/5/22. (lctnm2) (Entered: 02/05/2022)
2022-02-07Set/Reset Deadlines: Joint Status Report due by 3/4/2022. (hmc) (Entered: 02/07/2022)
2022-03-0412Joint STATUS REPORT by SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF DEFENSE. (Heiman, Julia) (Entered: 03/04/2022)
2022-03-04MINUTE ORDER. Upon consideration of the 12 Joint Status Report, the Court directs the parties to file another JSR by April 4, 2022. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/4/22. (lctnm2) (Entered: 03/04/2022)
2022-03-04Set/Reset Deadlines: Joint Status Report due by 4/4/2022. (hmc) (Entered: 03/04/2022)
2022-04-0413Joint STATUS REPORT by SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF DEFENSE. (Heiman, Julia) (Entered: 04/04/2022)
2022-04-05MINUTE ORDER. Upon consideration of the parties' 13 Joint Status Report, the Court orders the parties to submit another JSR by June 8, 2022. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/5/22. (lctnm2) (Entered: 04/05/2022)
2022-04-05Set/Reset Deadlines: Joint Status Report due by 6/8/2022. (hmc) (Entered: 04/05/2022)
2022-06-0814Joint STATUS REPORT by SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF DEFENSE. (Heiman, Julia) (Entered: 06/08/2022)
2022-06-09MINUTE ORDER. Upon consideration of the 14 Joint Status Report, the Court directs the parties to file another JSR by July 14, 2022. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/9/22. (lctnm2) (Entered: 06/09/2022)
2022-06-09Set/Reset Deadlines: Joint Status Report due by 7/14/2022. (hmc) (Entered: 06/09/2022)
2022-07-1415Joint STATUS REPORT by SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF DEFENSE. (Heiman, Julia) (Entered: 07/14/2022)
2022-07-15MINUTE ORDER. Upon consideration of the 15 Joint Status Report, the Court directs the parties to file another JSR by August 14, 2022 updating the Court on the status of production and proposing next steps for this case. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/15/22. (lctnm2) (Entered: 07/15/2022)
2022-07-15Set/Reset Deadlines: Joint Status Report due by 8/14/2022. (ztg) (Entered: 07/15/2022)
2022-08-1516Joint STATUS REPORT by SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF DEFENSE. (Heiman, Julia) (Entered: 08/15/2022)
2022-08-16MINUTE ORDER. Upon consideration of the 16 Joint Status Report, the Court directs the parties to file another JSR by September 16, 2022. That JSR shall update the Court on the progress of production and shall suggest next steps for this litigation. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/16/22. (lctnm2) (Entered: 08/16/2022)
2022-08-16Set/Reset Deadlines: Joint Status Report due by 9/16/2022. (hmc) (Entered: 08/16/2022)
2022-09-1617Joint STATUS REPORT by SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF DEFENSE. (Heiman, Julia) (Entered: 09/16/2022)
2022-09-17MINUTE ORDER. Upon consideration of the 17 Joint Status Report, the Court directs the parties to file another JSR by November 2, 2022. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/17/22. (lctnm2) (Entered: 09/17/2022)
2022-09-19Set/Reset Deadlines: Joint Status Report due by 11/2/2022. (hmc) (Entered: 09/19/2022)
2022-11-0218Joint STATUS REPORT by SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF DEFENSE. (Heiman, Julia) (Entered: 11/02/2022)
2022-11-03MINUTE ORDER: Upon consideration of the 18 Joint Status Report, the parties are directed to file another JSR by December 2, 2022. If the parties reach a settlement before December 2, 2022, they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/3/2022. (lctnm2) (Entered: 11/03/2022)
2022-11-03Set/Reset Deadlines: Joint Status Report due by 12/2/2022. (hmc) (Entered: 11/03/2022)
2022-12-0219Joint STATUS REPORT by SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF DEFENSE. (Heiman, Julia) (Entered: 12/02/2022)
2022-12-05MINUTE ORDER: Upon consideration of the 19 Joint Status Report, the parties are directed to file another JSR by January 13, 2023. If the parties reach a settlement before January 13, 2023, they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/5/2022. (lctnm2) (Entered: 12/05/2022)
2022-12-05Set/Reset Deadlines: Joint Status Report due by 1/13/2023. (hmc) (Entered: 12/05/2022)
2023-01-1320Joint STATUS REPORT by SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF DEFENSE. (Heiman, Julia) (Entered: 01/13/2023)
2023-01-16MINUTE ORDER: Upon consideration of the 20 Joint Status Report, the parties are directed to file another JSR by February 13, 2023. If the parties reach a settlement before February 13, 2023, they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/16/2022. (lctnm2) (Entered: 01/16/2023)
2023-01-17Set/Reset Deadlines: Joint Status Report due by 2/13/2023. (hmc) (Entered: 01/17/2023)
2023-02-1321Joint STATUS REPORT by CENTER FOR PUBLIC INTEGRITY. (Smith, Peter) (Entered: 02/13/2023)
2023-02-14MINUTE ORDER: Upon consideration of the 21 Joint Status Report, the parties are directed to file another JSR by March 15, 2023. If the parties reach a settlement before March 15, 2023, they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/14/2023. (lctnm2) (Entered: 02/14/2023)
2023-02-14Set/Reset Deadlines: Joint Status Report due by 3/15/2023. (hmc) (Entered: 02/14/2023)
2023-03-1722Joint MOTION for Extension of Time to File Status Report, Nunc Pro Tunc, and Joint Status Report by SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Heiman, Julia) (Entered: 03/17/2023)
2023-03-1723Joint STATUS REPORT and Joint Motion for Two-Day Extension of Time, Nunc Pro Tunc by SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Heiman, Julia) (Entered: 03/17/2023)
2023-03-20MINUTE ORDER granting 22 Joint Motion for Extension of Time to File Status Report, Nunc Pro Tunc. After considering the 23 Joint Status Report, the parties are directed to file another JSR by April 17, 2023. If the parties reach a settlement before then, they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/20/2023. (lctnm2) (Entered: 03/20/2023)
2023-03-21Set/Reset Deadlines: Joint Status Report due by 4/17/2023. (hmc) (Entered: 03/21/2023)
2023-04-1724Joint STATUS REPORT by SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF DEFENSE. (Heiman, Julia) (Entered: 04/17/2023)
2023-04-18MINUTE ORDER: After considering the 24 Joint Status Report, the parties are directed to file another JSR by May 17, 2023. If the parties reach a settlement before then, they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/18/2023. (lctnm2) (Entered: 04/18/2023)
2023-04-18Set/Reset Deadlines: Joint Status Report due by 5/17/2023. (hmc) (Entered: 04/18/2023)
2023-05-1725Joint STATUS REPORT by SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF DEFENSE. (Heiman, Julia) (Entered: 05/17/2023)
2023-05-18MINUTE ORDER: After considering the 25 Joint Status Report, the parties are directed to file another JSR by June 16, 2023. If the parties reach a settlement before then, they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/18/2023. (lctnm2) (Entered: 05/18/2023)
2023-05-18Set/Reset Deadlines: Joint Status Report due by 6/16/2023. (hmc) (Entered: 05/18/2023)
2023-06-1626Joint STATUS REPORT by SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF DEFENSE. (Heiman, Julia) (Entered: 06/16/2023)
2023-06-16MINUTE ORDER: After considering the 26 Joint Status Report, the parties are directed to file another JSR by June 30, 2023. If the parties reach a settlement before then, they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/16/2023. (lctnm2) (Entered: 06/16/2023)
2023-06-20Set/Reset Deadlines: Joint Status Report due by 6/30/2023. (hmc) (Entered: 06/20/2023)
2023-06-3027STIPULATION of Dismissal by SOUTH DAKOTA NATIONAL GUARD, U.S. DEPARTMENT OF DEFENSE. (Heiman, Julia) (Entered: 06/30/2023)
2023-07-03MINUTE ORDER: After considering the 27 Stipulation of Dismissal, this case is hereby dismissed with prejudice. See Fed. R. Civ. P. 41(a)(1)(A)(ii). SO ORDERED. Signed by Judge Trevor N. McFadden on 7/3/2023. (lctnm2) (Entered: 07/03/2023)
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