Skip to content

Case Detail

[Subscribe to updates]
Case TitleINSIDER INC. et al v. U.S. DEPARTMENT OF DEFENSE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv00028
Date Filed2022-01-06
Date ClosedOpen
JudgeJudge Beryl A. Howell
PlaintiffINSIDER INC.
PlaintiffMATTATHIAS SCHWARTZ
Case DescriptionInvestigative journalist Mattathias Schwartz submitted two FOIA requests to the Department of Defense for records concerning communications by the Joint Chiefs of Staff with White House staff in the run-up to the attack of the Capitol on Jan. 6, 2021. The agency acknowledged receipt of the requests. Schwartz then amended his requests to ask for expedited processing. The agency granted his request for expedited processing. After hearing nothing further from the agency, Schwartz filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF DEFENSE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-01-061COMPLAINT against U.S. DEPARTMENT OF DEFENSE ( Filing fee $ 402 receipt number ADCDC-8963337) filed by INSIDER INC., MATTATHIAS SCHWARTZ. (Attachments: # 1 Exhibit Ex 1-9, # 2 Civil Cover Sheet, # 3 Summons)(Topic, Matthew) (Entered: 01/06/2022)
2022-01-062MOTION Waive Local Civil Rule 5.1(c)(1) by INSIDER INC., MATTATHIAS SCHWARTZ. (Attachments: # 1 Text of Proposed Order)(Topic, Matthew) (Entered: 01/06/2022)
2022-01-063LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by INSIDER INC., MATTATHIAS SCHWARTZ (Topic, Matthew) (Entered: 01/06/2022)
2022-01-064NOTICE of Appearance by Matthew Topic on behalf of INSIDER INC., MATTATHIAS SCHWARTZ (Topic, Matthew) (Entered: 01/06/2022)
2022-01-11Case Assigned to Chief Judge Beryl A. Howell. (zsb) (Entered: 01/11/2022)
2022-01-125STANDING ORDER. Signed by Chief Judge Beryl A. Howell on January 12, 2022. (lcbah3) (Entered: 01/12/2022)
2022-01-12MINUTE ORDER (paperless) GRANTING plaintiffs' 2 Motion to Waive Local Civil Rule 5.1(c)(1), AUTHORIZING plaintiff Mattathias Schwartz to omit his residential address from filings in this docket, and DIRECTING plaintiff to file under seal a notice containing his full address. Signed by Chief Judge Beryl A. Howell on January 12, 2022. (lcbah3) (Entered: 01/12/2022)
2022-01-186SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF DEFENSE, U.S. Attorney and U.S. Attorney General (rj) (Additional attachment(s) added on 1/19/2022: # 1 Notice and Consent) (zsb). (Entered: 01/18/2022)
2022-02-247RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF DEFENSE served on 2/14/2022 (Topic, Matthew) (Entered: 02/24/2022)
2022-02-248RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 02/15/2022. (Topic, Matthew) (Entered: 02/24/2022)
2022-02-249RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/15/2022. Answer due for ALL FEDERAL DEFENDANTS by 3/17/2022. (Topic, Matthew) (Entered: 02/24/2022)
2022-03-1710ANSWER to Complaint by U.S. DEPARTMENT OF DEFENSE.(Reeves, Clifford) (Entered: 03/17/2022)
2022-03-3011NOTICE of Appearance by Joshua Loevy on behalf of INSIDER INC., MATTATHIAS SCHWARTZ (Loevy, Joshua) (Entered: 03/30/2022)
2022-03-3112Joint STATUS REPORT by INSIDER INC., MATTATHIAS SCHWARTZ. (Loevy, Joshua) (Entered: 03/31/2022)
2022-04-01MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 12 Joint Status Report, the parties to file, by May 2, 2022, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule for further proceedings. Signed by Chief Judge Beryl A. Howell on April 1, 2022. (lcbah3) (Entered: 04/01/2022)
2022-04-01MINUTE ORDER (paperless) DIRECTING plaintiffs, by April 6, 2022, to comply with the Court's Minute Order issued January 12, 2022 by filing a notice under seal providing plaintiff MATTATHIAS SCHWARTZ's address, in compliance with LCvR 5.1(c)(1), which, as amended on March 23, 2022, allows a party to omit its residence address from the caption without moving the Court for permission to do so, but still requires the party to "simultaneously file under seal a notice containing its full address," just as the January 12, 2022 minute order required when that order granted plaintiffs' 2 Motion to Waive Local Civil Rule 5.1(c)(1) to allow Mr. Schwartz's residential address to be omitted from public filings in this docket and directed him "to file under seal a notice containing his full address." Signed by Chief Judge Beryl A. Howell on April 1, 2022. (lcbah3) (Entered: 04/01/2022)
2022-04-01Set/Reset Deadlines: Joint Status Report due by 5/2/2022. (ztg) (Entered: 04/01/2022)
2022-04-01Set/Reset Deadlines: Response to Order of the Court due by 4/6/2022. (ztg) (Entered: 04/01/2022)
2022-04-08MINUTE ORDER (paperless) DIRECTING plaintiffs to SHOW CAUSE, as soon as practicable but in any event no later than April 14, 2022, why this case should not be dismissed for failure to prosecute pursuant to LCvR 83.23 or for failure to comply with repeated Court orders. See Peterson v. Archstone Cmtys. LLC , 637 F.3d 416, 418 (D.C. Cir. 2011) ("District courts have inherent power to dismiss a case sua sponte for a plaintiff's failure to prosecute or otherwise comply with a court order."). Specifically, in two Minute Orders, issued January 12, 2022, and April 1, 2022, respectively, plaintiffs were directed to file a notice under seal providing plaintiff MATTATHIAS SCHWARTZ's address, in conjunction with the Court's accommodation of allowing Mr. Schwartz's address to be omitted from public filings in this docket at plaintiffs' request, see Min. Order (Jan. 12, 2022). Failure to comply with this show-cause order will result in this action being dismissed. See LCvR 5.1(c)(1) ("Failure to provide the address information within 30 days of filing may result in the dismissal of the case against the defendant."). Signed by Chief Judge Beryl A. Howell on April 8, 2022. (lcbah3) (Entered: 04/08/2022)
2022-04-08Set/Reset Deadlines: Response to Show Cause due by 4/14/2022. (ztg) (Entered: 04/08/2022)
2022-04-1113SEALED DOCUMENT filed by MATTATHIAS SCHWARTZ(This document is SEALED and only available to authorized persons.)(Topic, Matthew) (Entered: 04/11/2022)
2022-04-1114RESPONSE TO ORDER TO SHOW CAUSE filed by INSIDER INC., MATTATHIAS SCHWARTZ. (Topic, Matthew) (Entered: 04/11/2022)
2022-04-11MINUTE ORDER (paperless) DISCHARGING, upon consideration of plaintiffs' 14 Response to Order to Show Cause, the Court's April 8, 2022 Minute Order to Show Cause; and ADMONISHING plaintiff that full compliance with the Court's rules and orders is expected. Signed by Chief Judge Beryl A. Howell on April 11, 2022. (lcbah3) (Entered: 04/11/2022)
2022-04-1815NOTICE of Appearance by Joshua Loevy on behalf of INSIDER INC., MATTATHIAS SCHWARTZ (Loevy, Joshua) (Entered: 04/18/2022)
2022-05-0216Joint STATUS REPORT by INSIDER INC., MATTATHIAS SCHWARTZ. (Loevy, Joshua) (Entered: 05/02/2022)
2022-05-04MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 16 Joint Status Report, the parties to file, by August 1, 2022, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule for further proceedings. Signed by Chief Judge Beryl A. Howell on May 4, 2022. (lcbah3) (Entered: 05/04/2022)
2022-05-04Set/Reset Deadlines: Joint Status Report due by 8/1/2022. (ztg) (Entered: 05/04/2022)
2022-08-0117Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE. (Reeves, Clifford) (Entered: 08/01/2022)
2022-08-02MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 17 Joint Status Report, the parties to submit, by October 31, 2022, a joint status report advising the Court of the status of this matter and proposing a schedule for any further production of responsive records, or if necessary, a briefing schedule for summary judgment. Given the Department of Defense's productions to date in this matter, plaintiffs' request for a court-ordered minimum processing rate is unwarranted at this time. Signed by Chief Judge Beryl A. Howell on August 2, 2022. (lcbah3) (Entered: 08/02/2022)
2022-08-03Set/Reset Deadlines: Joint Status Report due by 10/31/2022. (ztg) (Entered: 08/03/2022)
2022-10-3118Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE. (Reeves, Clifford) (Entered: 10/31/2022)
2022-10-31MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 18 Joint Status Report, the parties to submit, by January 3, 2023, a joint status report advising the Court of the status of this matter and proposing a schedule for any further production of responsive records, or if necessary, a briefing schedule for summary judgment. Signed by Chief Judge Beryl A. Howell on October 31, 2022. (lcbah3) (Entered: 10/31/2022)
2022-11-01Set/Reset Deadlines: Joint Status Report due by 1/3/2023. (ztg) (Entered: 11/01/2022)
2023-01-0319Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE. (Reeves, Clifford) (Entered: 01/03/2023)
2023-01-03MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 19 Joint Status Report, the parties to submit, by March 3, 2023, a joint status report advising the Court of the status of this matter and proposing a schedule for any further production of responsive records, or if necessary, a briefing schedule for summary judgment. Signed by Chief Judge Beryl A. Howell on January 3, 2023. (lcbah3) (Entered: 01/03/2023)
2023-01-04Set/Reset Deadlines: Joint Status Report due by 3/3/2023. (ztg) (Entered: 01/04/2023)
2023-02-2720NOTICE of Appearance by Merrick Jason Wayne on behalf of INSIDER INC., MATTATHIAS SCHWARTZ (Wayne, Merrick) (Entered: 02/27/2023)
2023-03-0321Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE. (Reeves, Clifford) (Entered: 03/03/2023)
2023-03-03MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 21 Joint Status Report, the parties to submit, by May 3, 2023, a joint status report advising the Court of the status of this matter and proposing a schedule for any further production of responsive records, or if necessary, a briefing schedule for summary judgment. Signed by Chief Judge Beryl A. Howell on March 3, 2023. (lcbah3) (Entered: 03/03/2023)
2023-03-06Set/Reset Deadlines: Joint Status Report due by 5/3/2023. (ztg) (Entered: 03/06/2023)
2023-05-0322Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE. (Reeves, Clifford) (Entered: 05/03/2023)
2023-05-03MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 22 Joint Status Report, the parties to submit, by July 10, 2023, a joint status report advising the Court of the status of this matter and proposing a schedule for any further production of responsive records, or if necessary, a briefing schedule for summary judgment. Signed by Judge Beryl A. Howell on May 3, 2023. (lcbah3) (Entered: 05/03/2023)
2023-05-04Set/Reset Deadlines: Joint Status Report due by 7/10/2023. (ztg) (Entered: 05/04/2023)
2023-07-1023Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE. (Reeves, Clifford) (Entered: 07/10/2023)
2023-07-10MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 23 Joint Status Report, the parties to submit, by September 11, 2023, a joint status report advising the Court of the status of this matter and proposing a schedule for any further production of responsive records, or if necessary, a briefing schedule for summary judgment. Signed by Judge Beryl A. Howell on July 10, 2023. (lcbah3) (Entered: 07/10/2023)
2023-07-11Set/Reset Deadlines: Joint Status Report due by 9/11/2023. (ztg) (Entered: 07/11/2023)
2023-09-1124Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE. (Reeves, Clifford) (Entered: 09/11/2023)
2023-09-12MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 24 Joint Status Report, the parties to file another joint status report by November 13, 2023, advising the Court of the status of this matter. Signed by Judge Beryl A. Howell on September 12, 2023. (lcbah2) (Entered: 09/12/2023)
2023-09-13Set/Reset Deadlines: Joint Status Report due by 11/13/2023. (mac) (Entered: 09/13/2023)
2023-09-13ENTERED IN ERROR....Set/Reset Deadlines: Defendants District Of Columbia And Thomas Faust Notice To The The Court due by 9/18/2023. (mac) (Entered: 09/13/2023)
2023-11-1325Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE. (Reeves, Clifford) (Entered: 11/13/2023)
2023-11-14MINUTE ORDER (paperless) upon consideration of the parties' 25 Joint Status Report, DIRECTING the parties to file, by January 15, 2024, another joint status report advising the Court of the status of this matter, whether any disputes remain between the parties and, if so, proposing a schedule to govern further proceedings. Signed by Judge Beryl A. Howell on November 14, 2023. (lcbah2) (Entered: 11/14/2023)
2023-11-14Set/Reset Deadlines: Parties Joint Status Report due by 1/15/2024 (mac) (Entered: 11/14/2023)
2024-01-1526STATUS REPORT by U.S. DEPARTMENT OF DEFENSE. (Reeves, Clifford) (Entered: 01/15/2024)
2024-01-16MINUTE ORDER (paperless) upon consideration of the defendant's 26 Status Report, DIRECTING the parties to file, by March 15, 2024, another joint status report advising the Court of the status of this matter, whether any disputes remain between the parties and, if so, proposing a schedule to govern further proceedings. Signed by Judge Beryl A. Howell on January 16, 2024. (lcbah2) (Entered: 01/16/2024)
2024-01-17Set/Reset Deadlines: Parties Joint Status Report due by 3/15/2024 (mac) (Entered: 01/17/2024)
2024-02-2227Consent MOTION for Extension of Time to File Joint Status Report by INSIDER INC., MATTATHIAS SCHWARTZ. (Wayne, Merrick) (Entered: 02/22/2024)
2024-02-22MINUTE ORDER (paperless) GRANTING the plaintiffs' 27 Consent Motion for Extension of Time to File a Joint Status Report, and DIRECTING the parties to file, by March 29, 2024, another joint status report advising the Court of the status of this matter, whether any disputes remain between the parties and, if so, proposing a schedule to govern further proceedings. Signed by Judge Beryl A. Howell on February 22, 2024. (lcbah2) (Entered: 02/22/2024)
2024-02-23Set/Reset Deadlines: Parties Joint Status Report due by 3/29/2024 (mac) (Entered: 02/23/2024)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar