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Case TitleCIZEK v. DEPARTMENT OF DEFENSE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv00023
Date Filed2023-01-04
Date ClosedOpen
JudgeJudge Amy Berman Jackson
PlaintiffCURT JEROME CIZEK Former Air Force Chaplain
Case DescriptionCurt Cizek, a former chaplain with the Air Force, submitted a FOIA request to the Department of Defense for records concerning his separation for the service because of his failure to be made major. The agency acknowledged receipt of the request. The agency disclosed records with redactions. Cizek filed an administrative appeal, but after hearing nothing further from the agency, Cizek filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDEPARTMENT OF DEFENSE
DefendantDOD OFFICE OF INSPECTOR GENERAL
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

2023-01-041COMPLAINT by against Curt Jerome Cizek against DOD & DOD OIG ( Filing fee $ 402 receipt number ADCDC-9766903) filed by Curt Jerome Cizek. (Attachments: # 1 Exhibit 1 Redacted DODIG Report, # 2 Exhibit 2 Vernon Memorandum, # 3 Civil Cover Sheet JS-44, # 4 Summons Summons to US Aty Gen, # 5 Summons Summons to DOD, # 6 Summons Summons to DOD-OIG, # 7 Summons Summons to US Aty DC)(Schulcz, Arthur) (Entered: 01/04/2023)
2023-01-05Case Assigned to Judge Amy Berman Jackson. (zcb) (Entered: 01/05/2023)
2023-01-052SUMMONS (4) Issued Electronically as to Department of Defense, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zcb) (Entered: 01/05/2023)
2023-02-153NOTICE of Appearance by Marsha Wellknown Yee on behalf of All Defendants (Yee, Marsha) (Entered: 02/15/2023)
2023-02-164Unopposed MOTION for Extension of Time to File Defendants' Response to Plaintiff's Complaint by DEPARTMENT OF DEFENSE, DOD OFFICE OF INSPECTOR GENERAL. (Attachments: # 1 Text of Proposed Order)(Yee, Marsha) (Entered: 02/16/2023)
2023-02-17MINUTE ORDER granting 4 Motion for Extension of Time. Defendants must respond to the complaint by March 1, 2023. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/17/2023.(lcabj1) (Entered: 02/17/2023)
2023-03-015ANSWER to Complaint by DEPARTMENT OF DEFENSE, DOD OFFICE OF INSPECTOR GENERAL.(Yee, Marsha) (Entered: 03/01/2023)
2023-03-03MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendant must file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff, on or before March 27, 2023. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/3/2023. (lcabj1) (Entered: 03/03/2023)
2023-03-246PROPOSED BRIEFING SCHEDULE by DEPARTMENT OF DEFENSE, DOD OFFICE OF INSPECTOR GENERAL. (Yee, Marsha) (Entered: 03/24/2023)
2023-03-30MINUTE ORDER. Pursuant to the parties' agreed upon proposed briefing schedule 6 , it is ORDERED that the following briefing schedule is adopted. Defendants' motion for summary judgment must be submitted by May 11, 2023; plaintiff's combined opposition and cross-motion for summary judgment must be submitted by June 1, 2023; defendants' combined reply and opposition to plaintiff's cross-motion for summary judgment must be submitted by June 22, 2023; and plaintiff's reply must be submitted by July 7, 2023. SO ORDERED. (lcabj1) (Entered: 03/30/2023)
2023-05-117MOTION for Summary Judgment by DEPARTMENT OF DEFENSE, DOD OFFICE OF INSPECTOR GENERAL. (Attachments: # 1 Statement of Facts, # 2 Dorgan Decl., # 3 Text of Proposed Order)(Yee, Marsha) (Entered: 05/11/2023)
2023-06-018Memorandum in opposition to re 7 Motion for Summary Judgment filed by CURT JEROME CIZEK. (Attachments: # 1 Exhibit A Vernon Declaration, # 2 Exhibit B Cizek Delaration, # 3 Exhibit C Cizek Compl FC of Claims, # 4 Statement of Facts, # 5 Text of Proposed Order)(Schulcz, Arthur) (Entered: 06/01/2023)
2023-06-029Cross MOTION for Summary Judgment by CURT JEROME CIZEK. (Attachments: # 1 Statement of Facts Undisputed Facts, # 2 Text of Proposed Order, # 3 Exhibit A Vernon Decl, # 4 Exhibit B Cizek Decl, # 5 Exhibit C Cizek Compl Fed Ct Clms)(Schulcz, Arthur) (Entered: 06/02/2023)
2023-06-02RESOLVED...NOTICE of Provisional/Government Not Certified Status re 8 Memorandum in opposition to re 7 Motion for Summary Judgment filed by CURT JEROME CIZEK. (Attachments: # 1 Exhibit A Vernon Declaration, # 2 Exhibit B Cizek Delaration, # 3 Exhibit C Cizek Compl FC of Claims, # 4 Statement of Facts, # 5 Text of Proposed Order)(Schulcz, Arthur). 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 6/9/2023. (zbaj) Modified on 6/5/2023 (zbaj). (Entered: 06/02/2023)
2023-06-0510Unopposed MOTION for Extension of Time to File Cross Mtion for Summary Judgment by CURT JEROME CIZEK. (Attachments: # 1 Text of Proposed Order)(Schulcz, Arthur) (Entered: 06/06/2023)
2023-06-06MINUTE ORDER granting 10 Motion for Extension of Time to File. Signed by Judge Amy Berman Jackson on 6/6/2023. (lcabj1) (Entered: 06/06/2023)
2023-06-2111Unopposed MOTION for Extension of Time to File Defendants' Combined Reply and Opposition and to Modify Deadline for Plaintiff's Reply by DEPARTMENT OF DEFENSE, DOD OFFICE OF INSPECTOR GENERAL. (Attachments: # 1 Text of Proposed Order)(Yee, Marsha) (Entered: 06/21/2023)
2023-06-23MINUTE ORDER granting 11 Motion for Extension of Time. Defendants must file their combined reply and opposition to plaintiff's cross-motion for summary judgment by July 11, 2023, and plaintiff must file his reply by July 27, 2023. Signed by Judge Amy Berman Jackson on 6/23/2023. (lcabj1) (Entered: 06/23/2023)
2023-07-1012MOTION for Extension of Time to File Defendants' Combined Reply and Opposition by DEPARTMENT OF DEFENSE, DOD OFFICE OF INSPECTOR GENERAL. (Attachments: # 1 Text of Proposed Order)(Yee, Marsha) (Entered: 07/10/2023)
2023-07-1113RESPONSE re 12 MOTION for Extension of Time to File Defendants' Combined Reply and Opposition filed by CURT JEROME CIZEK. (Attachments: # 1 Text of Proposed Order)(Schulcz, Arthur) (Entered: 07/11/2023)
2023-07-11MINUTE ORDER granting 12 Motion for Extension of Time notwithstanding plaintiff's objection to an extension greater than 10 days; the extension sought will not have a significant impact on the time it will take to resolve the matter, which was not filed as an action seeking emergency relief. Defendants must file their combined reply and opposition to plaintiff's cross-motion for summary judgment by August 8, 2023, and plaintiff must file his reply by August 24, 2023. Signed by Judge Amy Berman Jackson on 7/11/2023. (lcabj1) (Entered: 07/11/2023)
2023-07-11Set/Reset Deadlines: Defendants combined reply and opposition to plaintiff's cross-motion for summary judgment is due by 8/8/2023, Plaintiff's must file his reply to the cross-motion for summary judgment by 8/24/2023. (jth) (Entered: 07/11/2023)
2023-08-0814REPLY to opposition to motion re 7 MOTION for Summary Judgment filed by DEPARTMENT OF DEFENSE, DOD OFFICE OF INSPECTOR GENERAL. (Attachments: # 1 Defs.' Resps. to Pl.'s SMF, # 2 Suppl. Dorgan Decl., # 3 Text of Proposed Order)(Yee, Marsha) (Entered: 08/08/2023)
2023-08-0815Memorandum in opposition to re 9 Motion for Summary Judgment, filed by DEPARTMENT OF DEFENSE, DOD OFFICE OF INSPECTOR GENERAL. (Attachments: # 1 Defs.' Resps. to P's SMF, # 2 Suppl. Dorgan Decl., # 3 Text of Proposed Order)(Yee, Marsha) (Entered: 08/08/2023)
2023-08-2416REPLY to opposition to motion re 9 Cross MOTION for Summary Judgment filed by CURT JEROME CIZEK. (Attachments: # 1 Exhibit 1 Section 533 of NDAA, # 2 Statement of Facts Reply to Def's Response)(Schulcz, Arthur) (Entered: 08/24/2023)
2024-02-1017NOTICE OF SUBSTITUTION OF COUNSEL by Diana Viggiano Valdivia on behalf of All Defendants Substituting for attorney Marsha Wellknown Yee (Valdivia, Diana) (Entered: 02/10/2024)
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by FOIA Project Staff
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