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Case TitleTAU v. U.S. DEPARTMENT OF DEFENSE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv03329
Date Filed2021-12-21
Date ClosedOpen
JudgeJudge Dabney L. Friedrich
PlaintiffBYRON TAU
Case DescriptionByron Tau submitted FOIA requests to the Department of Defense, the Department of Homeland Security, and the National Archives and Records Administration for records. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, Tau filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF DEFENSE
DefendantU.S. SPECIAL OPERATIONS COMMAND
DefendantU.S. SOUTHERN COMMAND
DefendantU.S. DEPARTMENT OF THE ARMY
DefendantNATIONAL ARCHIVES AND RECORDS ADMINISTRATION
DefendantU.S. DEPARTMENT OF HOMELAND SECURITY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-12-211COMPLAINT against NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF THE ARMY, U.S. SOUTHERN COMMAND, U.S. SPECIAL OPERATIONS COMMAND ( Filing fee $ 402 receipt number CDCDC-8943965) filed by Byron C. Tau. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Burday, Joshua) (Entered: 12/21/2021)
2021-12-212NOTICE of Appearance by Joshua Hart Burday on behalf of Byron C. Tau (Burday, Joshua) (Entered: 12/21/2021)
2021-12-213NOTICE of Appearance by Matthew Topic on behalf of Byron C. Tau (Topic, Matthew) (Entered: 12/21/2021)
2021-12-23Case Assigned to Judge Dabney L. Friedrich. (zsb) (Entered: 12/23/2021)
2021-12-274SUMMONS (8) Issued Electronically as to NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF THE ARMY, U.S. SOUTHERN COMMAND, U.S. SPECIAL OPERATIONS COMMAND, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(adh, ) (Entered: 12/27/2021)
2021-12-285STANDARD ORDER for Civil Cases. See text for details. Signed by Judge Dabney L. Friedrich on December 28, 2021. (lcdlf2) (Entered: 12/28/2021)
2022-01-276MOTION to Withdraw as Attorney for Joshua Burday by BYRON TAU. (Attachments: # 1 Text of Proposed Order)(Topic, Matthew) (Entered: 01/27/2022)
2022-02-01MINUTE ORDER granting the plaintiff's 6 Motion to Withdraw as Attorney. The Clerk of Court is ordered to withdraw the appearance of Joshua Burday on behalf of the plaintiff. So Ordered by Judge Dabney L. Friedrich on February 1, 2022. (lcdlf2) (Entered: 02/01/2022)
2022-02-097RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HOMELAND SECURITY served on 1/13/2022 (Topic, Matthew) (Entered: 02/09/2022)
2022-02-098RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF THE ARMY served on 1/13/2022 (Topic, Matthew) (Entered: 02/09/2022)
2022-02-099RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF DEFENSE served on 1/13/2022 (Topic, Matthew) (Entered: 02/09/2022)
2022-02-0910RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION served on 1/13/2022 (Topic, Matthew) (Entered: 02/09/2022)
2022-02-0911RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. SOUTHERN COMMAND served on 1/10/2022 (Topic, Matthew) (Entered: 02/09/2022)
2022-02-0912RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. SPECIAL OPERATIONS COMMAND served on 1/12/2022 (Topic, Matthew) (Entered: 02/09/2022)
2022-02-0913RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 01/14/2022. (Topic, Matthew) (Entered: 02/09/2022)
2022-02-0914RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/14/2022. Answer due for ALL FEDERAL DEFENDANTS by 2/13/2022. (Topic, Matthew) (Entered: 02/09/2022)
2022-02-1415NOTICE of Appearance by Anna Davis Walker on behalf of All Defendants (Walker, Anna) (Entered: 02/14/2022)
2022-02-1416ANSWER to Complaint by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF THE ARMY, U.S. SOUTHERN COMMAND, U.S. SPECIAL OPERATIONS COMMAND.(Walker, Anna) (Entered: 02/14/2022)
2022-02-14MINUTE ORDER requiring the parties to MEET AND CONFER and file a joint status report proposing a schedule for further proceedings. The status report should address the status of the plaintiff's FOIA request, including the anticipated number of documents responsive to the request and the anticipated date(s) for release of the requested documents. The parties shall file the joint status report on or before March 7, 2022. So Ordered by by Judge Dabney L. Friedrich on February 14, 2022. (lcdlf2) (Entered: 02/14/2022)
2022-03-0717Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF THE ARMY, U.S. SOUTHERN COMMAND, U.S. SPECIAL OPERATIONS COMMAND. (Walker, Anna) (Entered: 03/07/2022)
2022-03-08MINUTE ORDER requiring the parties to MEET AND CONFER and file a joint status report proposing a schedule for further proceedings. The status report should address the status of the plaintiff's FOIA request, including the anticipated number of documents responsive to the request and the anticipated date(s) for release of the requested documents. The parties shall file the joint status report on or before April 6, 2022. So Ordered by Judge Dabney L. Friedrich on March 8, 2022. (lcdlf2) (Entered: 03/08/2022)
2022-04-0518NOTICE of Appearance by Joshua Loevy on behalf of BYRON TAU (Loevy, Joshua) (Entered: 04/05/2022)
2022-04-0619Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF THE ARMY, U.S. SOUTHERN COMMAND, U.S. SPECIAL OPERATIONS COMMAND. (Walker, Anna) (Entered: 04/06/2022)
2022-04-06MINUTE ORDER. Upon consideration of the parties' 19 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before May 6, 2022. So Ordered by Judge Dabney L. Friedrich on April 6, 2022. (lcdlf2) (Entered: 04/06/2022)
2022-05-0620NOTICE of Appearance by Erika Kirstie Oblea on behalf of All Defendants (Oblea, Erika) (Entered: 05/06/2022)
2022-05-0621Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF THE ARMY, U.S. SOUTHERN COMMAND, U.S. SPECIAL OPERATIONS COMMAND. (Oblea, Erika) (Entered: 05/06/2022)
2022-05-06MINUTE ORDER. Upon consideration of the parties' 21 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before July 5, 2022. So Ordered by Judge Dabney L. Friedrich on May 6, 2022. (lcdlf2) (Entered: 05/06/2022)
2022-07-0522Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF THE ARMY, U.S. SOUTHERN COMMAND, U.S. SPECIAL OPERATIONS COMMAND. (Oblea, Erika) (Entered: 07/05/2022)
2022-07-06MINUTE ORDER. Upon consideration of the parties' 22 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before September 6, 2022. So Ordered by Judge Dabney L. Friedrich on July 6, 2022. (lcdlf2) (Entered: 07/06/2022)
2022-09-0623Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF THE ARMY, U.S. SOUTHERN COMMAND, U.S. SPECIAL OPERATIONS COMMAND. (Walker, Anna) (Entered: 09/06/2022)
2022-09-06MINUTE ORDER. Upon consideration of the parties' 23 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before November 4, 2022. So Ordered by Judge Dabney L. Friedrich on September 6, 2022. (lcdlf2) (Entered: 09/06/2022)
2022-11-0424Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF THE ARMY, U.S. SOUTHERN COMMAND, U.S. SPECIAL OPERATIONS COMMAND. (Walker, Anna) (Entered: 11/04/2022)
2022-11-04MINUTE ORDER. Upon consideration of the parties' 24 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before January 6, 2023. So Ordered by Judge Dabney L. Friedrich on November 4, 2022. (lcdlf3) (Entered: 11/04/2022)
2023-01-0625Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF THE ARMY, U.S. SOUTHERN COMMAND, U.S. SPECIAL OPERATIONS COMMAND. (Walker, Anna) (Entered: 01/06/2023)
2023-01-09MINUTE ORDER. Upon consideration of the parties' 25 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before March 8, 2023. So Ordered by Judge Dabney L. Friedrich on January 9, 2023. (lcdlf3) (Entered: 01/09/2023)
2023-01-09Set/Reset Deadlines: Status Report due by 3/8/2023 (zjch, ) (Entered: 01/09/2023)
2023-02-2726NOTICE of Appearance by Merrick Jason Wayne on behalf of BYRON TAU (Wayne, Merrick) (Entered: 02/27/2023)
2023-03-0827Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF THE ARMY, U.S. SOUTHERN COMMAND, U.S. SPECIAL OPERATIONS COMMAND. (Walker, Anna) (Entered: 03/08/2023)
2023-03-09MINUTE ORDER. Upon consideration of the parties' 27 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before May 8, 2023. So Ordered by Judge Dabney L. Friedrich on March 9, 2023. (lcdlf3) (Entered: 03/09/2023)
2023-03-09Set/Reset Deadlines: Status Report due by 5/8/2023 (zjch, ) (Entered: 03/09/2023)
2023-05-0828Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF THE ARMY, U.S. SOUTHERN COMMAND, U.S. SPECIAL OPERATIONS COMMAND. (Walker, Anna) (Entered: 05/08/2023)
2023-05-08MINUTE ORDER. Upon consideration of the parties' 28 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before July 7, 2023. So ordered by Judge Dabney L. Friedrich on May 8, 2023. (lcdlf3) (Entered: 05/08/2023)
2023-05-08Set/Reset Deadlines: Status Report due by 7/7/2023 (zjch, ) (Entered: 05/09/2023)
2023-07-0729Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF THE ARMY, U.S. SOUTHERN COMMAND, U.S. SPECIAL OPERATIONS COMMAND. (Walker, Anna) (Entered: 07/07/2023)
2023-07-10MINUTE ORDER. Upon consideration of the parties' 29 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before September 5, 2023. So Ordered by Judge Dabney L. Friedrich on July 10, 2023. (lcdlf3) (Entered: 07/10/2023)
2023-07-10Set/Reset Deadlines: Status Report due by 9/5/2023 (zjch, ) (Entered: 07/10/2023)
2023-08-3130Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF THE ARMY, U.S. SOUTHERN COMMAND, U.S. SPECIAL OPERATIONS COMMAND. (Walker, Anna) (Entered: 08/31/2023)
2023-08-31MINUTE ORDER. Upon consideration of the parties' 30 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before November 6, 2023. So Ordered by Judge Dabney L. Friedrich on August 31, 2023. (lcdlf3) (Entered: 08/31/2023)
2023-08-31Set/Reset Deadlines: Status Report due by 11/6/2023 (zjch, ) (Entered: 09/01/2023)
2023-11-0631Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF THE ARMY, U.S. SOUTHERN COMMAND, U.S. SPECIAL OPERATIONS COMMAND. (Walker, Anna) (Entered: 11/06/2023)
2023-11-06MINUTE ORDER. Upon consideration of the parties' 31 Joint Status Report, the Court orders that the parties shall file another status report on or before January 5, 2024. So Ordered by Judge Dabney L. Friedrich on November 7, 2023. (lcdlf3) (Entered: 11/06/2023)
2023-11-07Set/Reset Deadlines: Status Report due by 1/5/2024 (zjch, ) (Entered: 11/07/2023)
2024-01-0532Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF THE ARMY, U.S. SOUTHERN COMMAND, U.S. SPECIAL OPERATIONS COMMAND. (Walker, Anna) (Entered: 01/05/2024)
2024-01-05MINUTE ORDER. Upon consideration of the parties' 32 Joint Status Report, the Court orders the parties to file another joint status report on or before March 5, 2024. So ordered by Judge Dabney L. Friedrich on January 5, 2024. (lcdlf3) (Entered: 01/05/2024)
2024-03-0533Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF THE ARMY, U.S. SOUTHERN COMMAND, U.S. SPECIAL OPERATIONS COMMAND. (Walker, Anna) (Entered: 03/05/2024)
2024-03-06MINUTE ORDER. Upon consideration of the parties' 33 Joint Status Report, the Court orders that the parties shall file another joint status report on or before May 3, 2024. So ordered by Judge Dabney L. Friedrich on March 5, 2024. (lcdlf3) (Entered: 03/06/2024)
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