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Case TitleFREUDENTHAL v. U.S. DEPARTMENT OF DEFENSE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv01811
Date Filed2022-06-24
Date ClosedOpen
JudgeJudge Timothy J. Kelly
PlaintiffEMMANUEL FREUDENTHAL
Case DescriptionEmmanuel Freudenthal, a free-lance journalist covering issues in Africa, submitted a FOIA request to the Department of Defense for records concerning U.S. support to Cameroon's military. The agency acknowledged receipt of the requests. After the agency failed to respond, Freudenthal filed administrative appeals. After hearing nothing further from the agency, Freudenthal filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF DEFENSE
DefendantU.S. AFRICA COMMAND
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-06-241COMPLAINT against All Defendants ( Filing fee $ 402 receipt number BDCDC-9329764) filed by Emmanuel Freudenthal. (Attachments: # 1 Appendix A, # 2 Appendix B, # 3 Summons U.S. Dept. of Defense, # 4 Summons U.S. Africa Command, # 5 Civil Cover Sheet)(Savell, Lawrence) (Attachment 5 replaced on 6/27/2022) (znmg). (Entered: 06/24/2022)
2022-06-242NOTICE of Appearance by Thomas E. Riley on behalf of Emmanuel Freudenthal (Riley, Thomas) (Entered: 06/24/2022)
2022-06-27NOTICE OF ERROR re 1 Complaint; emailed to lawrence.savell@hsf.com, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Noncompliance with LCvR 5.1(c). Please file an errata correcting the initiating pleading to include the name & full residence address of each party using the event Errata., 2. Missing summonses-government. When naming a government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue., 3. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (znmg, ) (Entered: 06/27/2022)
2022-06-273REQUEST FOR SUMMONS TO ISSUE filed by EMMANUEL FREUDENTHAL. (Attachments: # 1 Summons Freudenthal-DCD-FOIA-Summons-30Day-AFRICOM-USAttorney, # 2 Summons Freudenthal-DCD-FOIA-Summons-30Day-DOD-USAttorney, # 3 Summons Freudenthal-DCD-FOIA-Summons-30Day-AFRICOM-USAG, # 4 Summons Freudenthal-DCD-FOIA-Summons-30Day-DOD-USAG)(Savell, Lawrence) (Entered: 06/27/2022)
2022-06-294SEALED DOCUMENT filed by EMMANUEL FREUDENTHAL(This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit 1)(Savell, Lawrence) (Entered: 06/29/2022)
2022-06-30Case Assigned to Judge Timothy J. Kelly. (znmg) (Entered: 06/30/2022)
2022-06-305SUMMONS (4) Issued Electronically as to U.S. AFRICA COMMAND, U.S. DEPARTMENT OF DEFENSE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(znmg) (Entered: 06/30/2022)
2022-07-276NOTICE of Appearance by Bradley Silverman on behalf of All Defendants (Silverman, Bradley) (Entered: 07/27/2022)
2022-08-037AFFIDAVIT of Mailing re 5 Summons Issued Electronically as to AUSA U.S. Attorney General by EMMANUEL FREUDENTHAL. (Savell, Lawrence); Modified text on 8/4/2022 (ztth). (Entered: 08/03/2022)
2022-08-038ENTERED IN ERROR.....AFFIDAVIT re 5 Summons Issued Electronically as to AUSA U.S. Department of Defense by EMMANUEL FREUDENTHAL. (Savell, Lawrence) Modified on 8/4/2022 (ztth). (Entered: 08/03/2022)
2022-08-039ENTERED IN ERROR.....AFFIDAVIT re 5 Summons Issued Electronically as to AUSA U.S. Attorney's Office for D.C. by EMMANUEL FREUDENTHAL. (Savell, Lawrence) Modified on 8/4/2022 (ztth). (Entered: 08/03/2022)
2022-08-04NOTICE OF ERROR regarding 9 Affidavit, 8 Affidavit. The following error(s) need correction: Incorrect event. Please refile. Other - The correct event can be found under "Service of Process." (ztth) (Entered: 08/04/2022)
2022-08-0410RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. EMMANUEL FREUDENTHAL served on 7/7/2022 (Savell, Lawrence) (Entered: 08/04/2022)
2022-08-0411RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/7/2022. Answer due for ALL FEDERAL DEFENDANTS by 8/6/2022. (Savell, Lawrence) (Entered: 08/04/2022)
2022-08-0812Consent MOTION for Extension of Time to Respond to Complaint by U.S. AFRICA COMMAND, U.S. DEPARTMENT OF DEFENSE. (Silverman, Bradley) (Entered: 08/08/2022)
2022-08-10MINUTE ORDER granting Defendants' 12 Consent Motion for Extension of Time. It is hereby ORDERED, nunc pro tunc and 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 8, 2022. Signed by Judge Timothy J. Kelly on 8/10/2022. (lctjk3) (Entered: 08/10/2022)
2022-09-0813ANSWER to Complaint by U.S. AFRICA COMMAND, U.S. DEPARTMENT OF DEFENSE.(Silverman, Bradley) (Entered: 09/08/2022)
2022-09-12MINUTE 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 10, 2022. Signed by Judge Timothy J. Kelly on 9/12/2022. (lctjk3) (Entered: 09/12/2022)
2022-09-12Set/Reset Deadlines: Proposed Briefing Schedule due by 10/10/2022. (zkh) (Entered: 09/12/2022)
2022-10-1014Joint STATUS REPORT by U.S. AFRICA COMMAND, U.S. DEPARTMENT OF DEFENSE. (Silverman, Bradley) (Entered: 10/10/2022)
2022-10-11MINUTE ORDER: Upon consideration of the parties' 14 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by November 24, 2022. Signed by Judge Timothy J. Kelly on 10/11/2022. (lctjk3) (Entered: 10/11/2022)
2022-10-1715STATUS REPORT by U.S. AFRICA COMMAND, U.S. DEPARTMENT OF DEFENSE. (Silverman, Bradley) (Entered: 10/17/2022)
2022-10-3116NOTICE OF SUBSTITUTION OF COUNSEL by Sam Escher on behalf of U.S. AFRICA COMMAND, U.S. DEPARTMENT OF DEFENSE Substituting for attorney Bradley G. Silverman (Escher, Sam) (Entered: 10/31/2022)
2022-11-2217Joint STATUS REPORT by U.S. AFRICA COMMAND, U.S. DEPARTMENT OF DEFENSE. (Escher, Sam) (Entered: 11/22/2022)
2022-11-23MINUTE ORDER: Upon consideration of the parties' 17 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by December 22, 2022. Signed by Judge Timothy J. Kelly on 11/23/2022. (lctjk3) (Entered: 11/23/2022)
2022-12-2218Joint STATUS REPORT by U.S. AFRICA COMMAND, U.S. DEPARTMENT OF DEFENSE. (Escher, Sam) (Entered: 12/22/2022)
2022-12-23MINUTE ORDER: Upon consideration of the parties' 18 Joint Status Report, it is hereby ORDERED that the parties shall file, by January 23, 2023, a further joint status report. Signed by Judge Timothy J. Kelly on 12/23/2022. (lctjk3) (Entered: 12/23/2022)
2023-01-2319Joint STATUS REPORT by U.S. AFRICA COMMAND, U.S. DEPARTMENT OF DEFENSE. (Escher, Sam) (Entered: 01/23/2023)
2023-01-25MINUTE ORDER: Upon consideration of the parties' 19 Joint Status Report, it is hereby ORDERED that the parties shall file, by February 22, 2023, a further joint status report. Signed by Judge Timothy J. Kelly on 1/25/2023. (lctjk3) (Entered: 01/25/2023)
2023-02-2220Joint STATUS REPORT by U.S. AFRICA COMMAND, U.S. DEPARTMENT OF DEFENSE. (Escher, Sam) (Entered: 02/22/2023)
2023-02-23MINUTE ORDER: Upon consideration of the parties' 20 Joint Status Report, it is hereby ORDERED that the parties shall file, by March 16, 2023, a further joint status report. Signed by Judge Timothy J. Kelly on 2/23/2023. (lctjk3) (Entered: 02/23/2023)
2023-03-1621Joint STATUS REPORT by U.S. AFRICA COMMAND, U.S. DEPARTMENT OF DEFENSE. (Escher, Sam) (Entered: 03/16/2023)
2023-03-17MINUTE ORDER: Upon consideration of the parties' 21 Joint Status Report, it is hereby ORDERED that the parties shall file, by April 13, 2023, a further joint status report. Signed by Judge Timothy J. Kelly on 3/17/2023. (lctjk3) (Entered: 03/17/2023)
2023-04-1322Joint STATUS REPORT by U.S. AFRICA COMMAND, U.S. DEPARTMENT OF DEFENSE. (Escher, Sam) (Entered: 04/13/2023)
2023-04-14MINUTE ORDER: Upon consideration of the parties' 22 Joint Status Report, it is hereby ORDERED that the parties shall file, by May 17, 2023, a further joint status report. Signed by Judge Timothy J. Kelly on 4/14/2023. (lctjk3) (Entered: 04/14/2023)
2023-05-1723Joint STATUS REPORT by U.S. AFRICA COMMAND, U.S. DEPARTMENT OF DEFENSE. (Escher, Sam) (Entered: 05/17/2023)
2023-05-18MINUTE ORDER: Upon consideration of the parties' 23 Joint Status Report, it is hereby ORDERED that the parties shall file, by June 22, 2023, a further joint status report. Signed by Judge Timothy J. Kelly on 5/18/2023. (lctjk3) (Entered: 05/18/2023)
2023-06-2224Joint STATUS REPORT by U.S. AFRICA COMMAND, U.S. DEPARTMENT OF DEFENSE. (Escher, Sam) (Entered: 06/22/2023)
2023-06-23MINUTE ORDER: Upon consideration of the parties' 24 Joint Status Report, it is hereby ORDERED that the parties shall file, by August 22, 2023, a further joint status report. Signed by Judge Timothy J. Kelly on 6/23/2023. (lctjk3) (Entered: 06/23/2023)
2023-08-2225Joint STATUS REPORT by U.S. AFRICA COMMAND, U.S. DEPARTMENT OF DEFENSE. (Escher, Sam) (Entered: 08/22/2023)
2023-08-23MINUTE ORDER: Upon consideration of the parties' 25 Joint Status Report, it is hereby ORDERED that the parties shall file, by October 25, 2023, a further joint status report, including, if appropriate, a proposed summary-judgment briefing schedule. Signed by Judge Timothy J. Kelly on 8/23/2023. (lctjk3) (Entered: 08/23/2023)
2023-10-2526Joint STATUS REPORT by U.S. AFRICA COMMAND, U.S. DEPARTMENT OF DEFENSE. (Escher, Sam) (Entered: 10/25/2023)
2023-10-27MINUTE ORDER: Upon consideration of the parties' 26 Joint Status Report, it is hereby ORDERED that the parties shall file, by December 15, 2023, a further joint status report. Signed by Judge Timothy J. Kelly on 10/27/2023. (lctjk3) (Entered: 10/27/2023)
2023-12-1527Joint STATUS REPORT by U.S. AFRICA COMMAND, U.S. DEPARTMENT OF DEFENSE. (Escher, Sam) (Entered: 12/15/2023)
2023-12-15MINUTE ORDER: Upon consideration of the parties' 27 Joint Status Report, it is hereby ORDERED that the parties shall file, by February 15, 2024, a further joint status report. Signed by Judge Timothy J. Kelly on 12/15/2023. (lctjk3) (Entered: 12/15/2023)
2024-02-1528Joint STATUS REPORT by U.S. AFRICA COMMAND, U.S. DEPARTMENT OF DEFENSE. (Escher, Sam) (Entered: 02/15/2024)
2024-02-21MINUTE ORDER: Upon consideration of the parties' 28 Joint Status Report, it is hereby ORDERED that the parties shall file, by March 15, 2024, a further joint status report. Signed by Judge Timothy J. Kelly on 2/21/2024. (lctjk3) (Entered: 02/21/2024)
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