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Case TitleAMERICAN OVERSIGHT v. NATIONAL GUARD BUREAU et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv03047
Date Filed2021-11-17
Date ClosedOpen
JudgeJudge Timothy J. Kelly
PlaintiffAMERICAN OVERSIGHT
Case DescriptionAmerican Oversight submitted FOIA requests to the National Guard Bureau, and U.S. Coast Guard for records concerning incidents of white supremacist ideology in military personnel. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, American Oversight filed suit.
Complaint issues: Litigation - Vaughn index, Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantNATIONAL GUARD BUREAU
DefendantU.S. DEPARTMENT OF DEFENSE
DefendantU.S. COAST GUARD
DefendantU.S. DEPARTMENT OF HOMELAND SECURITY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-11-171COMPLAINT against NATIONAL GUARD BUREAU, U.S. COAST GUARD, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 402 receipt number ADCDC-8872214) filed by AMERICAN OVERSIGHT. (Attachments: # 1 Civil Cover Sheet, # 2 Summons as to US Attorney's Office, # 3 Summons as to Attorney General, # 4 Summons as to National Guard Bureau, # 5 Summons as to U.S. Dep't of Defense, # 6 Summons as to U.S. Coast Guard, # 7 Summons as to U.S. Dep't of Homeland Security)(Rasheed, Mehreen) (Entered: 11/17/2021)
2021-11-172LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN OVERSIGHT (Rasheed, Mehreen) (Entered: 11/17/2021)
2021-11-18Case Assigned to Judge Timothy J. Kelly. (zsb) (Entered: 11/18/2021)
2021-11-193SUMMONS (5) Issued Electronically as to NATIONAL GUARD BUREAU, U.S. COAST GUARD, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(adh, ) (Main Document 3 replaced on 11/30/2021) (adh, ). (Entered: 11/19/2021)
2021-12-084RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL GUARD BUREAU served on 11/22/2021; U.S. COAST GUARD served on 11/23/2021; U.S. DEPARTMENT OF DEFENSE served on 11/23/2021; U.S. DEPARTMENT OF HOMELAND SECURITY served on 11/23/2021, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/7/2021., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/29/2021. ( Answer due for ALL FEDERAL DEFENDANTS by 12/29/2021.) (Rasheed, Mehreen) (Entered: 12/08/2021)
2021-12-155NOTICE of Appearance by Paul Cirino on behalf of All Defendants (Cirino, Paul) (Entered: 12/15/2021)
2021-12-156Consent MOTION for Extension of Time to Respond to Complaint by NATIONAL GUARD BUREAU, U.S. COAST GUARD, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Cirino, Paul) (Entered: 12/15/2021)
2021-12-17MINUTE ORDER granting Defendants' 6 Consent Motion to Extend Time to Respond to Complaint. It is hereby ORDERED, for good cause shown, that Defendants' 6 Consent Motion is GRANTED. It is further ORDERED that Defendants shall answer or otherwise respond to Plaintiff's complaint by January 28, 2022. Signed by Judge Timothy J. Kelly on 12/17/2021. (lctjk2) (Entered: 12/17/2021)
2022-01-287ANSWER to Complaint by NATIONAL GUARD BUREAU, U.S. COAST GUARD, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HOMELAND SECURITY.(Cirino, Paul) (Entered: 01/28/2022)
2022-01-31MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall meet, confer, and file a joint proposed schedule for briefing or disclosure by February 25, 2022. Signed by Judge Timothy J. Kelly on 01/31/2022. (lctjk2) (Entered: 01/31/2022)
2022-02-258Joint STATUS REPORT by NATIONAL GUARD BUREAU, U.S. COAST GUARD, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HOMELAND SECURITY. (Cirino, Paul) (Entered: 02/25/2022)
2022-02-259Joint STATUS REPORT (Corrected) by NATIONAL GUARD BUREAU, U.S. COAST GUARD, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HOMELAND SECURITY. (Cirino, Paul) (Entered: 02/25/2022)
2022-02-26MINUTE ORDER: Upon consideration of the 9 Corrected Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by April 26, 2022, including, if necessary, a jointly proposed schedule for briefing or disclosure. Signed by Judge Timothy J. Kelly on 02/26/2022. (lctjk2) (Entered: 02/26/2022)
2022-04-1810STIPULATION of Dismissal as to Defendant US Coast Guard only by AMERICAN OVERSIGHT. (Rasheed, Mehreen) (Entered: 04/18/2022)
2022-04-2611Joint STATUS REPORT by NATIONAL GUARD BUREAU, U.S. DEPARTMENT OF DEFENSE. (Cirino, Paul) (Entered: 04/26/2022)
2022-04-27MINUTE ORDER: Upon consideration of the parties' 11 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by June 24, 2022, including, if necessary, a jointly proposed briefing schedule. Signed by Judge Timothy J. Kelly on 04/27/2022. (lctjk2) (Entered: 04/27/2022)
2022-06-2412Joint STATUS REPORT by NATIONAL GUARD BUREAU, U.S. DEPARTMENT OF DEFENSE. (Cirino, Paul) (Entered: 06/24/2022)
2022-06-27MINUTE ORDER: Upon consideration of the parties' 12 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by August 23, 2022, including, if necessary, a jointly proposed briefing schedule. Signed by Judge Timothy J. Kelly on 06/27/2022. (lctjk2) (Entered: 06/27/2022)
2022-08-2313NOTICE OF SUBSTITUTION OF COUNSEL by Erika Kirstie Oblea on behalf of All Defendants Substituting for attorney Paul Cirino (Oblea, Erika) (Entered: 08/23/2022)
2022-08-2314Joint STATUS REPORT by NATIONAL GUARD BUREAU, U.S. COAST GUARD, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HOMELAND SECURITY. (Oblea, Erika) (Entered: 08/23/2022)
2022-08-24MINUTE ORDER: Upon consideration of the parties' 14 Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report by November 21, 2022, including, if necessary, a jointly proposed briefing schedule. Signed by Judge Timothy J. Kelly on 08/24/2022. (lctjk2) (Entered: 08/24/2022)
2022-11-2115Joint STATUS REPORT by NATIONAL GUARD BUREAU, U.S. COAST GUARD, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HOMELAND SECURITY. (Oblea, Erika) (Entered: 11/21/2022)
2022-11-22MINUTE ORDER: Upon consideration of the parties' 15 Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report by February 21, 2023, including, if necessary, a jointly proposed briefing schedule. Signed by Judge Timothy J. Kelly on 11/22/2022. (lctjk2) (Entered: 11/22/2022)
2023-02-2116Joint STATUS REPORT by NATIONAL GUARD BUREAU, U.S. COAST GUARD, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HOMELAND SECURITY. (Oblea, Erika) (Entered: 02/21/2023)
2023-02-22MINUTE ORDER: Upon consideration of the parties' 16 Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report by May 22, 2023, including, if necessary, a jointly proposed briefing schedule. Signed by Judge Timothy J. Kelly on 2/22/2023. (lctjk2) (Entered: 02/22/2023)
2023-05-2217Joint STATUS REPORT by NATIONAL GUARD BUREAU, U.S. COAST GUARD, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HOMELAND SECURITY. (Oblea, Erika) (Entered: 05/22/2023)
2023-05-23MINUTE ORDER: Upon consideration of the parties' 17 Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report by August 21, 2023, including, if necessary, a jointly proposed briefing schedule. Signed by Judge Timothy J. Kelly on 5/23/2023. (lctjk2) (Entered: 05/23/2023)
2023-07-1218ENTERED IN ERROR.....NOTICE of Appearance by Emma Lewis on behalf of AMERICAN OVERSIGHT (Lewis, Emma) Modified on 7/13/2023 (ztth). (Entered: 07/12/2023)
2023-07-13NOTICE OF ERROR regarding 18 Notice of Appearance. The following error(s) need correction: Incorrect court header/case caption/case number. Please refile. Other- Please refile and remove the headers. Additionally, the document should be filed in PDF format. (ztth) (Entered: 07/13/2023)
2023-08-0119NOTICE of Appearance by Emma Lewis on behalf of AMERICAN OVERSIGHT (Lewis, Emma) (Entered: 08/01/2023)
2023-08-2120Joint STATUS REPORT by NATIONAL GUARD BUREAU, U.S. COAST GUARD, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HOMELAND SECURITY. (Oblea, Erika) (Entered: 08/21/2023)
2023-08-22MINUTE ORDER: Upon consideration of the parties' 20 Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report by November 20, 2023, including, if necessary, a jointly proposed briefing schedule. Signed by Judge Timothy J. Kelly on 8/22/2023. (lctjk2) (Entered: 08/22/2023)
2023-11-2021Joint STATUS REPORT by NATIONAL GUARD BUREAU, U.S. COAST GUARD, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HOMELAND SECURITY. (Oblea, Erika) (Entered: 11/20/2023)
2023-11-21MINUTE ORDER: Upon consideration of the parties' 21 Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report by February 20, 2024, including, if necessary, a jointly proposed briefing schedule. Signed by Judge Timothy J. Kelly on 11/21/2023. (lctjk2) (Entered: 11/21/2023)
2023-11-2722NOTICE of Appearance by Sean Michael Tepe on behalf of All Defendants (Tepe, Sean) (Entered: 11/27/2023)
2024-02-0523NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN OVERSIGHT. Attorney Mehreen A Rasheed terminated. (Rasheed, Mehreen) (Entered: 02/05/2024)
2024-02-2024Joint STATUS REPORT by NATIONAL GUARD BUREAU. (Tepe, Sean) (Entered: 02/20/2024)
2024-02-21MINUTE ORDER: Upon consideration of the parties' 24 Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report by May 20, 2024, including, if necessary, a jointly proposed briefing schedule. Signed by Judge Timothy J. Kelly on 2/21/2024. (lctjk2) (Entered: 02/21/2024)
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