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Case TitleMIKHASHOV v. DEPARTMENT OF DEFENSE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv03485
Date Filed2022-11-14
Date ClosedOpen
JudgeJudge Beryl A. Howell
PlaintiffANDREY MIKHASHOV
Case DescriptionAndrey Mikhashov submitted FOIA requests to the Department of the Army for records concerning himself. The Army acknowledged receipt of the request. The Army disclosed some records with redactions under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). After hearing nothing further from the agency, Mikhashov filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantDEPARTMENT OF DEFENSE
DefendantDEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY
DefendantDEPARTMENT OF ARMY
DefendantJOHN DOES #1-#10 Federal Government Employee
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-11-141COMPLAINT ANDREY MIKHASHOV against All Defendants ( Filing fee $ 402 receipt number ADCDC-9669586) filed by ANDREY MIKHASHOV. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Summons Attorney General, # 4 Summons DCSA, # 5 Summons Army, # 6 Summons DOD, # 7 Summons US Att District Columbia)(O'Brien, Brett) (Entered: 11/14/2022)
2022-11-15Case Assigned to Chief Judge Beryl A. Howell. (zmrl) (Entered: 11/15/2022)
2022-11-152SUMMONS (5) Issued Electronically as to DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF ARMY, DEPARTMENT OF DEFENSE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmrl) (Entered: 11/15/2022)
2022-11-153STANDING ORDER. Signed by Chief Judge Beryl A. Howell on November 15, 2022. (lcbah2) (Entered: 11/15/2022)
2022-12-164NOTICE of Appearance by John Haberland on behalf of DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF ARMY, DEPARTMENT OF DEFENSE, JOHN DOES #1-#10 (Haberland, John) (Entered: 12/16/2022)
2022-12-165Consent MOTION for Extension of Time to File Answer re 1 Complaint, by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF ARMY, DEPARTMENT OF DEFENSE, JOHN DOES #1-#10. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 12/16/2022)
2022-12-16MINUTE ORDER (paperless) GRANTING defendants' 5 Consent Motion for Extension of Time, and DIRECTING defendants to file, by January 23, 2023, any response to plaintiff's 1 Complaint. Signed by Chief Judge Beryl A. Howell on December 16, 2022. (lcbah2) (Entered: 12/16/2022)
2022-12-20Set/Reset Deadlines: Answer to the Complaint due by 1/23/2023. (ztg) (Entered: 12/20/2022)
2023-01-236Consent MOTION for Extension of Time to File Answer re 1 Complaint, by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF ARMY, DEPARTMENT OF DEFENSE, JOHN DOES #1-#10. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 01/23/2023)
2023-01-23MINUTE ORDER (paperless) GRANTING defendants' 6 Consent Motion for Extension of Time and DIRECTING defendants to respond to plaintiff's 1 Complaint by February 24, 2023. Signed by Chief Judge Beryl A. Howell on January 23, 2023. (lcbah2) (Entered: 01/23/2023)
2023-01-24Set/Reset Deadlines: Answer to the Complaint due by 2/24/2023. (ztg) (Entered: 01/24/2023)
2023-02-227Consent MOTION for Extension of Time to File Answer re 1 Complaint, by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF ARMY, DEPARTMENT OF DEFENSE, JOHN DOES #1-#10. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 02/22/2023)
2023-02-22MINUTE ORDER (paperless) GRANTING defendants' 7 Consent Motion for Extension of Time and DIRECTING defendants to respond to plaintiff's 1 Complaint by March 17, 2023. Signed by Chief Judge Beryl A. Howell on February 22, 2023. (lcbah2) (Entered: 02/22/2023)
2023-02-23Set/Reset Deadlines: Answer to the Complaint due by 3/17/2023. (ztg) (Entered: 02/23/2023)
2023-03-168ANSWER to Complaint by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF ARMY, DEPARTMENT OF DEFENSE, JOHN DOES #1-#10.(Haberland, John) (Entered: 03/16/2023)
2023-03-299STATUS REPORT by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF ARMY, DEPARTMENT OF DEFENSE, JOHN DOES #1-#10. (Attachments: # 1 Text of Proposed Order)(Haberland, John) Modified event title on 4/4/2023 (znmw). (Entered: 03/29/2023)
2023-03-30MINUTE ORDER (paperless), upon consideration of the parties' 9 Joint Status Report, ISSUING the following SCHEDULING ORDER to govern further proceedings in this case: (1) Defendants shall file any motion for summary judgment by May 19, 2023; (2) Plaintiff shall file any cross-motion for summary judgment and combined opposition to defendants motion for summary judgment by June 23, 2023; (3) Defendants shall file any opposition to plaintiffs' cross-motion for summary judgment and reply in support of defendants' motion for summary judgment by July 20, 2023; and (4) Plaintiff shall file any reply in support of his cross-motion for summary judgment by August 12, 2023. Signed by Judge Beryl A. Howell on March 30, 2023. (lcbah2) (Entered: 03/30/2023)
2023-03-31Set/Reset Deadlines: Motion for summary judgment due by 5/19/2023; cross-motion and opposition to motion for summary judgment due by 6/23/2023; opposition to cross-motion and reply to opposition to motion for summary judgment due by 7/20/2023; reply to opposition to cross-motion due by 8/12/2023. (ztg) (Entered: 03/31/2023)
2023-04-2810MOTION for Briefing Schedule by ANDREY MIKHASHOV. (Attachments: # 1 Text of Proposed Order)(O'Brien, Brett) (Entered: 04/28/2023)
2023-05-0311Memorandum in opposition to re 10 Motion for Briefing Schedule filed by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF ARMY, DEPARTMENT OF DEFENSE, JOHN DOES #1-#10. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Haberland, John) (Entered: 05/03/2023)
2023-05-04MINUTE ORDER (paperless) DENYING plaintiff's 10 Motion to Revise April 3, 2023 Briefing Schedule. Any allegation that defendants failed to comply with their Freedom of Information Act obligations shall be addressed in any forthcoming summary judgment briefs. Signed by Judge Beryl A. Howell on May 4, 2023. (lcbah2) (Entered: 05/04/2023)
2023-05-1912Consent MOTION for Extension of Time to File by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF ARMY, DEPARTMENT OF DEFENSE, JOHN DOES #1-#10. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 05/19/2023)
2023-05-19MINUTE ORDER (paperless) GRANTING defendants' 12 Consent Motion for Extension of Time and AMENDING the SCHEDULING ORDER issued on March 30, 2023, as follows: Defendants shall file any motion for summary judgment by June 2, 2023. Signed by Judge Beryl A. Howell on May 19, 2023. (lcbah2) (Entered: 05/19/2023)
2023-05-22Set/Reset Deadlines: Defendants' Motion for Summary Judgment due by 6/2/2023. (hmc) (Entered: 05/22/2023)
2023-06-0113NOTICE OF SUBSTITUTION OF COUNSEL by Patrick Doyle on behalf of DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF ARMY, DEPARTMENT OF DEFENSE, JOHN DOES #1-#10 Substituting for attorney John Haberland (Doyle, Patrick) (Entered: 06/01/2023)
2023-06-0114Consent MOTION for Extension of Time to File Motion for Summary Judgment by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF ARMY, DEPARTMENT OF DEFENSE, JOHN DOES #1-#10. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 06/01/2023)
2023-06-02MINUTE ORDER (paperless) GRANTING defendants' 14 Consent Motion for Extension of Time and AMENDING the SCHEDULING ORDER issued on March 30, 2023, and amended on May 19, 2023, as follows: Defendants shall file any motion for summary judgment by June 16, 2023. Signed by Judge Beryl A. Howell on June 2, 2023. (lcbah2) (Entered: 06/02/2023)
2023-06-02Set/Reset Deadlines: Defendants' summary judgment motion due by 6/16/2023. (ztg) (Entered: 06/02/2023)
2023-06-1215Consent MOTION for Extension of Time to File Motion for Summary Judgment by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF ARMY, DEPARTMENT OF DEFENSE, JOHN DOES #1-#10. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 06/12/2023)
2023-06-14MINUTE ORDER (paperless) GRANTING defendants' 15 Consent Motion for Extension of Time and AMENDING the SCHEDULING ORDER issued on March 30, 2023, and amended on May 19, 2023, and June 2, 2023, as follows: (1) Defendants shall file any motion for summary judgment by July 7, 2023; (2) Plaintiff shall file any cross-motion for summary judgment and combined opposition to defendants' motion for summary judgment by July 21, 2023; (3) Defendants shall file any opposition to plaintiffs' cross-motion for summary judgment and reply in support of defendants' motion for summary judgment by August 4, 2023; and (4) Plaintiff shall file any reply in support of his cross-motion for summary judgment by August 11, 2023. Signed by Judge Beryl A. Howell on June 14, 2023. (lcbah2) (Entered: 06/14/2023)
2023-06-14Set/Reset Deadlines: Summary judgment motion due by 7/7/2023; cross-motion and opposition to summary judgment motion due by 7/21/2023; opposition to cross-motion and reply to opposition to summary judgment motion due by 8/4/2023; reply to opposition to cross-motion due by 8/11/2023.(ztg) (Entered: 06/14/2023)
2023-06-3016Consent MOTION to Vacate Briefing Schedule by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF ARMY, DEPARTMENT OF DEFENSE, JOHN DOES #1-#10. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 06/30/2023)
2023-07-05MINUTE ORDER (paperless) GRANTING defendants' 16 Consent Motion to Vacate Summary Judgment Briefing Schedule, VACATING the SCHEDULING ORDER issued on March 30, 2023, and amended on May 19, 2023, June 2, 2023, and June 14, 2023, and DIRECTING the parties to file, by August 11, 2023, a 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 July 5, 2023. (lcbah2) (Entered: 07/05/2023)
2023-07-05Set/Reset Deadlines: Joint Status Report due by 8/11/2023. (ztg) (Entered: 07/05/2023)
2023-08-1017Joint STATUS REPORT by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF ARMY, DEPARTMENT OF DEFENSE, JOHN DOES #1-#10. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 08/10/2023)
2023-08-10MINUTE ORDER (paperless), upon consideration of the parties' 17 Joint Status Report, DIRECTING the parties to file, by September 11, 2023, 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 August 10, 2023. (lcbah2) (Entered: 08/10/2023)
2023-08-11Set/Reset Deadlines: Joint Status Report due by 9/11/2023 (mac) (Entered: 08/11/2023)
2023-09-1118Joint STATUS REPORT by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF ARMY, DEPARTMENT OF DEFENSE, JOHN DOES #1-#10. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 09/11/2023)
2023-09-22MINUTE ORDER (paperless) ISSUING, upon consideration of the parties' 18 Joint Status Report, the following SCHEDULING ORDER: (1) defendants shall file any motion for summary judgment by October 18, 2023; (2) plaintiff shall file any opposition to defendants' motion, combined with any cross-motion for summary judgment, by November 1, 2023; (3) defendants shall file any combined opposition to plaintiff's cross-motion and reply by November 15, 2023; and (4) plaintiff shall file any reply by December 15, 2023. Signed by Judge Beryl A. Howell on September 22, 2023. (lcbah4) (Entered: 09/22/2023)
2023-09-22Set/Reset Deadlines: Defendants Motion For Summary Judgment due by 10/18/2023. Plaintiff Opposition To Defendants' Motion, Combined With Any Cross-Motion For Summary Judgment due by 11/1/2023. Defendants Combined Opposition To Plaintiff's Cross-Motion And Reply due by 11/15/2023. Plaintiff Reply due by 12/15/2023. (mac) (Entered: 09/22/2023)
2023-10-1819MOTION for Partial Summary Judgment , MOTION to Dismiss by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF ARMY, DEPARTMENT OF DEFENSE. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order, # 4 Declaration Williams, # 5 Declaration Heaton)(Doyle, Patrick) (Entered: 10/18/2023)
2023-10-2720Consent MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Partial Summary Judgment MOTION to Dismiss by ANDREY MIKHASHOV. (Attachments: # 1 Text of Proposed Order)(O'Brien, Brett) (Entered: 10/27/2023)
2023-10-30MINUTE ORDER (paperless) GRANTING plaintiff's 20 Consent Motion for Extension of Time, and AMENDING the SCHEDULING ORDER, previously entered on September 22, 2023, as follows: (1) plaintiff shall file any opposition to defendants' motion, combined with any cross-motion for summary judgment, by November 8, 2023; (2) defendants shall file any combined opposition to plaintiff's cross-motion and reply by November 22, 2023; and (3) plaintiff shall file any reply by December 22, 2023. Signed by Judge Beryl A. Howell on October 30, 2023. (lcbah4) (Entered: 10/30/2023)
2023-11-0821RESPONSE re 19 MOTION for Partial Summary Judgment MOTION to Dismiss filed by ANDREY MIKHASHOV. (Attachments: # 1 Statement of Facts, # 2 Exhibit, # 3 Text of Proposed Order)(O'Brien, Brett) (Entered: 11/08/2023)
2023-11-0822Cross MOTION for Summary Judgment by ANDREY MIKHASHOV. (O'Brien, Brett) (Entered: 11/08/2023)
2023-11-1723Consent MOTION for Extension of Time to File Response/Reply as to 22 Cross MOTION for Summary Judgment by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF ARMY, DEPARTMENT OF DEFENSE, JOHN DOES #1-#10. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 11/17/2023)
2023-11-20MINUTE ORDER (paperless) GRANTING defendants' 23 Consent Motion for Extension, and AMENDING the SCHEDULING ORDER, previously entered on October 30, 2023, as follows: (1) defendants shall file any combined opposition to plaintiff's cross-motion and reply by December 1, 2023; and (2) plaintiff shall file any reply by January 4, 2024. Signed by Judge Beryl A. Howell on November 20, 2023. (lcbah4) (Entered: 11/20/2023)
2023-12-0124Memorandum in opposition to re 22 Motion for Summary Judgment filed by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF ARMY, DEPARTMENT OF DEFENSE. (Attachments: # 1 Statement of Facts, # 2 Exhibit)(Doyle, Patrick) (Entered: 12/01/2023)
2023-12-0125REPLY to opposition to motion re 19 Cross MOTION for Summary Judgment filed by DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF ARMY, DEPARTMENT OF DEFENSE. (Attachments: # 1 Statement of Facts, # 2 Exhibit)(Doyle, Patrick) Modified on 12/6/2023 (mg). (Entered: 12/01/2023)
2023-12-2826Consent MOTION for Extension of Time to File Reply in Further Support by ANDREY MIKHASHOV. (Attachments: # 1 Text of Proposed Order)(O'Brien, Brett) (Entered: 12/28/2023)
2024-01-02MINUTE ORDER (paperless) GRANTING plaintiff's 26 Consent Motion for Extension, and DIRECTING plaintiff to file any reply in support of his cross-motion for summary judgment by January 11, 2024. Signed by Judge Beryl A. Howell on January 2, 2024. (lcbah4) (Entered: 01/02/2024)
2024-01-02Set/Reset Deadlines: Plaintiff's Reply to Cross Motion for Summary Judgment due by 1/11/2024. (zalh) (Entered: 01/02/2024)
2024-01-0827SUPPLEMENTAL MEMORANDUM to re 22 Cross MOTION for Summary Judgment filed by ANDREY MIKHASHOV. (O'Brien, Brett) (Entered: 01/08/2024)
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