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Case TitleCHEESEMAN v. DEPARTMENT OF DEFENSE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv01743
Date Filed2022-06-17
Date ClosedOpen
JudgeJudge Timothy J. Kelly
PlaintiffBRYAN CHEESEMAN
Case DescriptionBryan Cheeseman submitted a FOIA request to the Defense Intelligence Agency for records concerning records about himself. Cheeseman also requested expedited processing. The agency acknowledged request of the request and asked Cheeseman to clarify his request. The agency requested his request for expedited processing. After hearing nothing further from the agency, Cheeseman filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantDEPARTMENT OF DEFENSE
DefendantDEPARTMENT OF THE ARMY
DefendantDEPARTMENT OF THE ARMY OFFICE OF INSPECTOR GENERAL
DefendantDEFENSE INTELLIGENCE AGENCY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-06-171COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-9315417) filed by BRYAN CHEESEMAN. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Civil Cover Sheet, # 12 Summons Department of the Army, # 13 Summons Defense Intelligence Agency, # 14 Summons Department of Defense)(Boss, L.) (Attachment 11 replaced on 6/17/2022) (znmg). Modified on 6/17/2022 to replace fillable civil cover sheet (znmg). (Entered: 06/17/2022)
2022-06-172REQUEST FOR SUMMONS TO ISSUE Amended Summons for DOD re 1 Complaint, filed by BRYAN CHEESEMAN. Related document: 1 Complaint, filed by BRYAN CHEESEMAN.(Boss, L.) (Entered: 06/17/2022)
2022-06-173MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Brett O'Brien, Filing fee $ 100, receipt number ADCDC-9315660. Fee Status: Fee Paid. by BRYAN CHEESEMAN. (Attachments: # 1 Declaration B. O'Brien, # 2 Exhibit Certificate of Good Standing, # 3 Certificate of Service, # 4 Text of Proposed Order)(Boss, L.) (Entered: 06/17/2022)
2022-06-17NOTICE OF ERROR re 1 Complaint; emailed to bboss@cozen.com, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Blank or missing coversheet. Please use the cover sheet at https://www.dcd.uscourts.gov/new-case-forms & file using the event Civil Cover Sheet., 2. No signature. Please file the signed document using the event Errata. All filings must have an original signature or '/s/ Attorney Name' to represent an electronic signature of the filer., 3. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (znmg, ) (Entered: 06/17/2022)
2022-06-17NOTICE OF ERROR re 3 Motion for Leave to Appear Pro Hac Vice; emailed to bboss@cozen.com, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. The Declaration does not have an original signature. Please file the signed document using the event Errata. All Declarations must have an original signature., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (znmg, ) (Entered: 06/17/2022)
2022-06-214CIVIL COVER SHEET by BRYAN CHEESEMAN filed by BRYAN CHEESEMAN.(Boss, L.) (Entered: 06/21/2022)
2022-06-215ERRATA Declaration of Brett O'Brien by BRYAN CHEESEMAN re 3 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Brett O'Brien, Filing fee $ 100, receipt number ADCDC-9315660. Fee Status: Fee Paid. filed by BRYAN CHEESEMAN. (Boss, L.) (Entered: 06/21/2022)
2022-06-22NOTICE OF ERROR re 1 Complaint; emailed to bboss@cozen.com, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. No signature. Please file the signed document using the event Errata. All filings must have an original signature or '/s/ Attorney Name' to represent an electronic signature of the filer., 2. See Notice of Error re: missing signature (complaint) entered 06/17/2022., 3. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (znmg, ) (Entered: 06/22/2022)
2022-06-226ERRATA Complaint by BRYAN CHEESEMAN. (Boss, L.) (Entered: 06/22/2022)
2022-06-23Case Assigned to Judge Timothy J. Kelly. (znmg) (Entered: 06/23/2022)
2022-06-237SUMMONS (3) Issued Electronically as to DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE ARMY. (Attachment: # 1 Notice and Consent)(znmg) (Entered: 06/23/2022)
2022-07-088RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEFENSE INTELLIGENCE AGENCY served on 6/27/2022 (Attachments: # 1 Certificate of Service Proof of Service receipts)(O'Brien, Brett) (Entered: 07/08/2022)
2022-07-089RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF THE ARMY served on 6/24/2022 (Attachments: # 1 Certificate of Service proof of service receipt)(O'Brien, Brett) (Entered: 07/08/2022)
2022-07-0815RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/5/2022., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/27/2022. ( Answer due for ALL FEDERAL DEFENDANTS by 7/27/2022.) (See Docket Entry 8 to view document) (ztth) (Entered: 08/19/2022)
2022-07-2010NOTICE OF WITHDRAWAL OF APPEARANCE as to BRYAN CHEESEMAN. Attorney L. Barrett Boss terminated. (Boss, L.) (Entered: 07/20/2022)
2022-07-2111NOTICE of Appearance by John Haberland on behalf of DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE ARMY (Haberland, John) (Entered: 07/21/2022)
2022-07-22MINUTE ORDER denying Plaintiff's 3 Motion for Admission of Attorney Pro Hac Vice. In the declaration in support of the 3 Motion, Attorney Brett O'Brien states that he is admitted to the District of Columbia Bar and practices from an office located within the District of Columbia. See ECF No. 3-1. But under Local Rule 83.2(c)(2), "[a]n attorney who engages in the practice of law from an office located in the District of Columbia must be a member of the District of Columbia Bar and the Bar of this Court to file papers in this Court." Based on Mr. O'Brien's motion for leave to appear before the Court pro hac vice, it appears that he is not a member of the "Bar of this Court." Thus, it is hereby ORDERED that Plaintiff's 3 Motion is DENIED. Signed by Judge Timothy J. Kelly on 7/22/2022. (lctjk3) (Entered: 07/22/2022)
2022-07-2612Consent MOTION for Extension of Time to File Answer re 1 Complaint,, by DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 07/26/2022)
2022-07-2613ENTERED IN ERROR.....NOTICE of Appearance by Brett John O'Brien on behalf of All Plaintiffs (O'Brien, Brett) Modified on 7/27/2022 duplicate Docket Entry 14 (zjm). (Entered: 07/26/2022)
2022-07-2614NOTICE of Appearance by Brett John O'Brien on behalf of All Plaintiffs (O'Brien, Brett) (Entered: 07/26/2022)
2022-07-27MINUTE ORDER granting Defendants' 12 Consent Motion for Extension of Time. It is hereby ORDERED, for good cause shown, that Defendants' 12 Consent Motion for Extension of Time is GRANTED. Defendants shall answer or otherwise respond to Plaintiff's 1 Complaint by September 26, 2022. Signed by Judge Timothy J. Kelly on 7/27/2022. (lctjk3) (Entered: 07/27/2022)
2022-08-19Set/Reset Deadlines: Answer due by 9/26/2022, (ztth) (Entered: 08/19/2022)
2022-09-2616ANSWER to Complaint by DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE ARMY.(Haberland, John) (Entered: 09/26/2022)
2022-09-29MINUTE 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 October 28, 2022. Signed by Judge Timothy J. Kelly on 9/29/2022. (lctjk3) (Entered: 09/29/2022)
2022-10-0417Emergency MOTION for Preliminary Injunction DEFENDANTS by BRYAN CHEESEMAN. (Attachments: # 1 Memorandum in Support Memo in Support, # 2 Exhibit Exhibits to Memorandum, # 3 Declaration Attorney Declaration, # 4 Certificate of Service Service Certificate, # 5 Text of Proposed Order Order)(O'Brien, Brett) (Entered: 10/04/2022)
2022-10-04MINUTE ORDER: Upon consideration of Plaintiff's 17 Emergency Motion for Preliminary Injunctive Relief, it is hereby ORDERED that the parties shall appear for a hearing on the Motion for a Temporary Restraining Order on October 5, 2022, at 4:00 p.m. via videoconference. The parties shall contact the Courtroom Deputy at (202) 354-3495 to make arrangements to appear. Signed by Judge Timothy J. Kelly on 10/4/2022. (lctjk3) (Entered: 10/04/2022)
2022-10-05Minute Entry for proceedings held before Judge Timothy J. Kelly: VTC Status Conference held on 10/5/2022. Order to be entered by the court. (Court Reporter: Timothy Miller) (zkh) (Entered: 10/05/2022)
2022-10-05MINUTE ORDER: As discussed at today's hearing and per the parties' agreement, it is hereby ORDERED that Plaintiff's 17 Emergency Motion for Preliminary Injunction is STAYED until February 2, 2023. It is further ORDERED that, by January 19, 2023, the parties shall file a joint status report informing the Court whether a further stay is necessary. Signed by Judge Timothy J. Kelly on 10/5/2022. (lctjk1) (Entered: 10/05/2022)
2022-10-2818Joint STATUS REPORT by DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 10/28/2022)
2022-10-31MINUTE ORDER: Upon consideration of the parties' 18 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by December 7, 2022, including, if appropriate, a proposed release schedule. Signed by Judge Timothy J. Kelly on 10/31/2022. (lctjk3) (Entered: 10/31/2022)
2022-12-0719Joint STATUS REPORT by DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit)(Haberland, John) (Entered: 12/07/2022)
2022-12-08MINUTE ORDER: Upon consideration of the parties' 19 Joint Status Report, it is hereby ORDERED that, by January 11, 2023, the parties shall file a further joint status report. Signed by Judge Timothy J. Kelly on 12/8/2022. (lctjk3) (Entered: 12/08/2022)
2023-01-1020Joint STATUS REPORT by DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 01/10/2023)
2023-01-11MINUTE ORDER: Upon consideration of the parties' 20 Joint Status Report, it is hereby ORDERED that, by February 10, 2023, the parties shall file a further joint status report. Signed by Judge Timothy J. Kelly on 1/11/2023. (lctjk3) (Entered: 01/11/2023)
2023-02-1021Joint STATUS REPORT by DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 02/10/2023)
2023-02-13MINUTE ORDER: Upon consideration of the parties' 21 Joint Status Report, it is hereby ORDERED that the parties shall file, by March 3, 2023, a further joint status report. Signed by Judge Timothy J. Kelly on 2/13/2023. (lctjk3) (Entered: 02/13/2023)
2023-03-0322Joint STATUS REPORT by DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 03/03/2023)
2023-03-06MINUTE ORDER: Upon consideration of the parties' 22 Joint Status Report, it is hereby ORDERED that the parties shall file, by March 31, 2023, a further joint status report, unless a stipulation of dismissal is filed sooner. Signed by Judge Timothy J. Kelly on 3/6/2023. (lctjk3) (Entered: 03/06/2023)
2023-03-3023Joint STATUS REPORT by DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE ARMY OFFICE OF INSPECTOR GENERAL. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 03/30/2023)
2023-03-31MINUTE ORDER: Upon consideration of the parties' 23 Joint Status Report, it is hereby ORDERED that the following schedule will govern proceedings: Plaintiff shall file any motion to lift the stay by April 7, 2023; Defendants shall file any response to that motion and any opposition to Plaintiff's 17 Motion for a Preliminary Injunction by April 14, 2023; Defendants shall file a motion for summary judgment by May 12, 2023; Plaintiff shall file a consolidated opposition and cross-motion for summary judgment by June 9, 2023; Defendant shall file a consolidated opposition and reply by July 14, 2023; and Plaintiff shall file any reply by August 4, 2023. Signed by Judge Timothy J. Kelly on 3/31/2023. (lctjk3) (Entered: 03/31/2023)
2023-04-0624MOTION to Lift Stay by BRYAN CHEESEMAN. (Attachments: # 1 Exhibit, # 2 Supplement Certification of Attorney, # 3 Text of Proposed Order)(O'Brien, Brett) (Entered: 04/06/2023)
2023-04-0625MOTION to Compel Documents by BRYAN CHEESEMAN. (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Supplement Certification of Attorney, # 4 Text of Proposed Order)(O'Brien, Brett) (Entered: 04/06/2023)
2023-04-1426Consent MOTION for Extension of Time to File Response/Reply as to 17 Emergency MOTION for Preliminary Injunction DEFENDANTS , 24 MOTION to Lift Stay , 25 MOTION to Compel Documents by DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE ARMY OFFICE OF INSPECTOR GENERAL. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 04/14/2023)
2023-04-17MINUTE ORDER granting Defendants' 26 Consent Motion for Extension of Time. Upon consideration of Defendants' 26 Consent Motion for Extension of Time, and for good cause shown, it is hereby ORDERED, nunc pro tunc to April 14, 2023, that the motion is GRANTED. Defendants shall file any consolidated response to Plaintiff's 24 Motion to Lift Stay and 17 Motion for a Preliminary Injunction by April 21, 2023. Signed by Judge Timothy J. Kelly on 4/17/2023. (lctjk3) (Entered: 04/17/2023)
2023-04-2127Memorandum in opposition to re 25 Motion to Compel, 24 Motion to Lift Stay filed by DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE ARMY OFFICE OF INSPECTOR GENERAL. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(Haberland, John) (Entered: 04/21/2023)
2023-05-0928ORDER granting in part and denying without prejudice in part Plaintiff's 24 25 Motion to Lift Stay of Preliminary Injunction and to Compel Defendants to Perform Search of Records and denying without prejudice Plaintiff's 17 Emergency Motion for Preliminary Injunctive Relief. See Order for details. Signed by Judge Timothy J. Kelly on 5/9/2023. (lctjk3) (Entered: 05/09/2023)
2023-05-1229MOTION for Summary Judgment by DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE ARMY OFFICE OF INSPECTOR GENERAL. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(Haberland, John) (Entered: 05/12/2023)
2023-05-2530Consent MOTION for Extension of Time to Extend Time to Reply/File by BRYAN CHEESEMAN. (Attachments: # 1 Text of Proposed Order)(O'Brien, Brett) (Entered: 05/25/2023)
2023-05-26MINUTE ORDER granting Plaintiff's 30 Consent Motion for Extension of Time. Upon consideration of Plaintiff's 30 Consent Motion for Extension of Time, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. Plaintiff shall file any consolidated opposition and cross-motion for summary judgment by June 23, 2023. Signed by Judge Timothy J. Kelly on 5/26/2023. (lctjk3) (Entered: 05/26/2023)
2023-06-1631NOTICE OF SUBSTITUTION OF COUNSEL by Patrick Doyle on behalf of DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE ARMY OFFICE OF INSPECTOR GENERAL Substituting for attorney John Haberland (Doyle, Patrick) (Entered: 06/16/2023)
2023-06-2332Memorandum in opposition to re 29 Motion for Summary Judgment, filed by BRYAN CHEESEMAN. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(O'Brien, Brett) (Entered: 06/23/2023)
2023-06-2333Cross MOTION for Summary Judgment by BRYAN CHEESEMAN. (Attachments: # 1 Statement of Facts)(O'Brien, Brett) (Entered: 06/23/2023)
2023-07-1034MOTION for Extension of Time to File Response/Reply as to 33 Cross MOTION for Summary Judgment by DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE ARMY OFFICE OF INSPECTOR GENERAL. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 07/10/2023)
2023-07-1135RESPONSE re 34 MOTION for Extension of Time to File Response/Reply as to 33 Cross MOTION for Summary Judgment filed by BRYAN CHEESEMAN. (Attachments: # 1 Text of Proposed Order)(O'Brien, Brett) (Entered: 07/11/2023)
2023-07-12MINUTE ORDER granting Defendants' partially opposed 34 Motion for Extension of Time. Upon consideration of Defendants' 34 Motion for Extension of Time and Plaintiff's 35 Opposition to Defendants' Motion for Extension of Time, it its hereby ORDERED, for good cause shown, that Defendants' 34 motion is GRANTED. Defendants shall file a consolidated opposition to Plaintiff's 33 Cross Motion for Summary Judgment and reply supporting their 29 Motion for Summary Judgment by July 28, 2023; and Plaintiff shall file any reply in support of his 33 Cross Motion for Summary Judgment by August 18, 2023. Signed by Judge Timothy J. Kelly on 7/12/2023. (lctjk3) (Entered: 07/12/2023)
2023-07-2836REPLY to opposition to motion re 33 Cross MOTION for Summary Judgment filed by DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE ARMY OFFICE OF INSPECTOR GENERAL. (Attachments: # 1 Exhibit DCSA Vaughn Index, # 2 Declaration Heaton Supplemental, # 3 Statement of Facts)(Doyle, Patrick) (Entered: 07/28/2023)
2023-07-2837Memorandum in opposition to re 33 Motion for Summary Judgment filed by DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE ARMY OFFICE OF INSPECTOR GENERAL. (Attachments: # 1 Exhibit DCSA Vaughn Index, # 2 Declaration Heaton Supplemental, # 3 Statement of Facts)(Doyle, Patrick) (Entered: 07/28/2023)
2023-07-3138NOTICE of Filing by DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE ARMY OFFICE OF INSPECTOR GENERAL re 37 Memorandum in Opposition, 36 Reply to opposition to Motion, (Attachments: # 1 Declaration)(Doyle, Patrick) (Entered: 07/31/2023)
2023-08-0239Consent MOTION for Extension of Time to File Response/Reply by BRYAN CHEESEMAN. (Attachments: # 1 Text of Proposed Order)(O'Brien, Brett) (Entered: 08/02/2023)
2023-08-03MINUTE ORDER granting Plaintiff's 39 Consent Motion for Extension of Time. Upon consideration of Plaintiff's 39 Consent Motion for Extension of Time, and of Defendants' consent to the relief sought, it is hereby ORDERED that the motion is GRANTED. Plaintiff shall file any reply in support of his 33 Cross Motion for Summary Judgment by August 25, 2023. Signed by Judge Timothy J. Kelly on 8/3/2023. (lctjk3) (Entered: 08/03/2023)
2023-08-2540REPLY to opposition to motion re 33 Cross MOTION for Summary Judgment Reply in Further Support filed by BRYAN CHEESEMAN. (Attachments: # 1 Exhibit)(O'Brien, Brett) (Entered: 08/25/2023)
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