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Case TitleAPM REPORTS v. U.S. DEPARTMENT OF DEFENSE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv03346
Date Filed2021-12-22
Date ClosedOpen
JudgeJudge Christopher R. Cooper
PlaintiffAPM REPORTS
TERMINATED: 08/25/2023
PlaintiffADVANCE MAGAZINE PUBLISHERS, INC.
Case DescriptionAPM Reports submitted FOIA requests to the Department of Defense for records concerning the investigation of the 2005 killing of civilians in Haditha, Iraq by U.S. Marines. APM Reports also requested expedited processing and a fee waiver. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, 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. DEPARTMENT OF THE NAVY
DefendantU.S. MARINE CORPS
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-12-221COMPLAINT against U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS ( Filing fee $ 402 receipt number ADCDC-8946409) filed by APM REPORTS. (Attachments: # 1 Exhibit 1-10, # 2 Civil Cover Sheet, # 3 Summons)(Topic, Matthew) (Entered: 12/22/2021)
2021-12-222NOTICE of Appearance by Matthew Topic on behalf of APM REPORTS (Topic, Matthew) (Entered: 12/22/2021)
2021-12-23Case Assigned to Judge Christopher R. Cooper. (zsb) (Entered: 12/23/2021)
2021-12-273SUMMONS (5) Issued Electronically as to U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(adh, ) (Entered: 12/27/2021)
2022-01-274RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF DEFENSE served on 1/13/2022 (Topic, Matthew) (Entered: 01/27/2022)
2022-01-275RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF THE NAVY served on 1/13/2022 (Topic, Matthew) (Entered: 01/27/2022)
2022-01-276RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. MARINE CORPS served on 1/13/2022 (Topic, Matthew) (Entered: 01/27/2022)
2022-01-277RETURN 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: 01/27/2022)
2022-01-278RETURN 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: 01/27/2022)
2022-02-149ANSWER to Complaint by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS.(Weiner, Blake) (Entered: 02/14/2022)
2022-02-14MINUTE 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 on or before February 28, 2022. Signed by Judge Christopher R. Cooper on 2/14/2022. (lccrc3) (Entered: 02/14/2022)
2022-02-2810Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS. (Weiner, Blake) (Entered: 02/28/2022)
2022-03-03MINUTE ORDER: In light of the 10 Joint Status Report, the parties are hereby directed to file a further Joint Status Report on or before March 31, 2022. Signed by Judge Christopher R. Cooper on 3/3/2022. (lccrc3) (Entered: 03/03/2022)
2022-03-3011NOTICE of Appearance by Joshua Loevy on behalf of APM REPORTS (Loevy, Joshua) (Entered: 03/30/2022)
2022-03-3012ENTERED IN ERROR.....NOTICE of Appearance by Joshua Loevy on behalf of APM REPORTS (Loevy, Joshua) Modified on 3/30/2022 (znmw). (Entered: 03/30/2022)
2022-03-30NOTICE OF CORRECTED DOCKET ENTRY: Docket Entry 12 Notice of Appearance was entered in error and counsel is instructed to refile said pleading in the correct case. (znmw) (Entered: 03/30/2022)
2022-03-3113Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS. (Weiner, Blake) (Entered: 03/31/2022)
2022-04-01MINUTE ORDER: In light of the 13 Joint Status Report, the parties are hereby directed to file a further Joint Status Report on or before May 2, 2022. Signed by Judge Christopher R. Cooper on 4/1/2022. (lccrc3) (Entered: 04/01/2022)
2022-04-2814NOTICE OF SUBSTITUTION OF COUNSEL by Paul Cirino on behalf of All Defendants Substituting for attorney Blake A. Weiner (Cirino, Paul) (Entered: 04/28/2022)
2022-05-0215Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS. (Cirino, Paul) (Entered: 05/02/2022)
2022-05-04MINUTE ORDER: In light of the 15 Joint Status Report, the parties are hereby directed to file a further Joint Status Report on or before July 1, 2022. The next report shall indicate how long NCIS estimates it will take to complete its review of the "the approximately 4,000 pages previously identified," which are noted in this report. Signed by Judge Christopher R. Cooper on 5/4/2022. (lccrc3) (Entered: 05/04/2022)
2022-07-0116Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS. (Cirino, Paul) (Entered: 07/01/2022)
2022-07-05MINUTE ORDER: In light of the 16 Joint Status Report, the parties are hereby directed to file a further Joint Status Report on or before August 30, 2022. Signed by Judge Christopher R. Cooper on 7/5/2022. (lccrc3) (Entered: 07/05/2022)
2022-08-0917NOTICE of Appearance by Sean Michael Tepe on behalf of All Defendants (Tepe, Sean) (Entered: 08/09/2022)
2022-08-1018NOTICE OF WITHDRAWAL OF APPEARANCE as to U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS. Attorney Paul Cirino terminated. (Cirino, Paul) (Entered: 08/10/2022)
2022-08-3019Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS. (Tepe, Sean) (Entered: 08/30/2022)
2022-08-31MINUTE ORDER: In light of the 19 Joint Status Report, the parties are hereby directed to file another Joint Status Report by October 31, 2022. Signed by Judge Christopher R. Cooper on 08/31/2022. (lccrc3) (Entered: 08/31/2022)
2022-10-3120Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS. (Tepe, Sean) (Entered: 10/31/2022)
2022-11-01MINUTE ORDER: In light of the 20 Joint Status Report, the parties are hereby directed to file another Joint Status Report by January 27, 2023. Signed by Judge Christopher R. Cooper on 11/01/2022. (lccrc3) (Entered: 11/01/2022)
2023-01-2721Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS. (Tepe, Sean) (Entered: 01/27/2023)
2023-01-31MINUTE ORDER: In light of the 21 Joint Status Report, the parties are hereby directed to file another Joint Status Report by April 27, 2023. Signed by Judge Christopher R. Cooper on 01/31/2023. (lccrc3) (Entered: 01/31/2023)
2023-02-2122NOTICE 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)
2023-04-2723Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS. (Tepe, Sean) (Entered: 04/27/2023)
2023-04-28MINUTE ORDER: In light of the 23 Joint Status Report, the parties are hereby directed to file another Joint Status Report by July 26, 2023. Signed by Judge Christopher R. Cooper on 04/28/2023. (lccrc3) (Entered: 04/28/2023)
2023-05-2524NOTICE of Appearance by Stephen Stich Match on behalf of APM REPORTS (Match, Stephen) (Entered: 05/25/2023)
2023-05-2625Unopposed MOTION to Substitute Party by APM REPORTS. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Match, Stephen) (Entered: 05/26/2023)
2023-07-2626Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS. (Tepe, Sean) (Entered: 07/26/2023)
2023-07-2727ORDER granting 25 Plaintiff's Unopposed Motion for Substitution of Parties. Signed by Judge Christopher R. Cooper on 07/27/2023. (lccrc3) (Entered: 07/27/2023)
2023-07-27MINUTE ORDER: In light of the 26 Joint Status Report, the parties are hereby directed to file another Joint Status Report by October 24, 2023. Signed by Judge Christopher R. Cooper on 07/27/2023. (lccrc3) (Entered: 07/27/2023)
2023-10-2428Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS. (Tepe, Sean) (Entered: 10/24/2023)
2023-10-25MINUTE ORDER: In light of the 28 Joint Status Report, the parties are hereby directed to file a further joint status report by January 22, 2024. Signed by Judge Christopher R. Cooper on 10/25/2023. (lccrc3) (Entered: 10/25/2023)
2023-10-2529NOTICE OF SUBSTITUTION OF COUNSEL by Kaitlin Kerry Eckrote on behalf of U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS Substituting for attorney Sean M. Tepe (Eckrote, Kaitlin) (Entered: 10/25/2023)
2024-01-2230Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS. (Eckrote, Kaitlin) (Entered: 01/22/2024)
2024-01-23MINUTE ORDER: In light of the 30 Joint Status Report, the parties are hereby directed to file a further joint status report by April 22, 2024. Signed by Judge Christopher R. Cooper on 1/23/2024. (lccrc3) (Entered: 01/23/2024)
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