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Case TitleUS Right to Know v. Defense Threat Reduction Agency et al
DistrictEastern District of Virginia
CityAlexandria
Case Number1:2023cv00111
Date Filed2023-01-25
Date Closed2023-10-24
JudgeDistrict Judge Leonie M. Brinkema
PlaintiffUS Right to Know
Case DescriptionU.S. Right to Know submitted a FOIA request to the Defense Threat Reduction Agency for records concerning the threats of COVID-19. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, U.S. Right to Know filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDefense Threat Reduction Agency
DefendantDepartment Of Defense
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-01-251Complaint ( Filing fee $ 402, receipt number AVAEDC-8769285.), filed by US Right to Know. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A (FOIA Request), # 3 Exhibit B (correspondence from DTRA))(Hardin, Matthew) (Entered: 01/25/2023)
2023-01-252Proposed Summons re 1 Complaint (Proposed Summons to US Attorney General) by US Right to Know. (Hardin, Matthew) (Entered: 01/25/2023)
2023-01-253Proposed Summons re 1 Complaint (Proposed Summons to US Attorney) by US Right to Know. (Hardin, Matthew) (Entered: 01/25/2023)
2023-01-254Proposed Summons re 1 Complaint (Proposed Summons to DoD) by US Right to Know. (Hardin, Matthew) (Entered: 01/25/2023)
2023-01-255Proposed Summons re 1 Complaint (Proposed Summons to DTRA) by US Right to Know. (Hardin, Matthew) (Entered: 01/25/2023)
2023-01-25Initial Case Assignment to District Judge Leonie M. Brinkema and Magistrate Judge Lindsey R. Vaala. (show) (Entered: 01/25/2023)
2023-02-01Notice of Correction: Filing user has been notified to file the complete two page summons. Please refile two paged summons in re 5 Proposed Summons, 3 Proposed Summons, 2 Proposed Summons, 4 Proposed Summons. (show) (Entered: 02/01/2023)
2023-02-026Proposed Summons re 1 Complaint by US Right to Know. (Hardin, Matthew) (Entered: 02/02/2023)
2023-02-037Summons Issued as to Defense Threat Reduction Agency, Department Of Defense, U.S. Attorney and U.S. Attorney General NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed as to USA or Summons Returned Unexecuted as to USA. (Attachments: # 1 Notice to Attorney)(show) (Entered: 02/03/2023)
2023-03-068ANSWER to Complaint by Defense Threat Reduction Agency, Department Of Defense.(Levenson, Rebecca) (Entered: 03/06/2023)
2023-03-069Consent MOTION for a Production Schedule by Defense Threat Reduction Agency, Department Of Defense. (Attachments: # 1 Proposed Order)(Levenson, Rebecca) (Entered: 03/06/2023)
2023-03-0610ORDERED that Defendant's motion is GRANTED; and it is further ORDERED that DTRA shall release a set of documents responsive to Plaintiff's December 19, 2022 FOIA request on or before March 27, 2023; and it is further ORDERED that DTRA shall complete its release of the documents responsive to Plaintiff's December 19, 2022 FOIA request on or before April 17, 2023 in re 9 Consent Motion for a Production Schedule. Signed by District Judge Leonie M. Brinkema on 3/6/2023. (swil) (Entered: 03/07/2023)
2023-04-1111Consent MOTION to Alter the Production Schedule by Defense Threat Reduction Agency, Department Of Defense. (Attachments: # 1 Proposed Order)(Levenson, Rebecca) (Entered: 04/11/2023)
2023-04-1212ORDERED that Defendants' motion is GRANTED; and it is further ORDERED that DTRA shall complete its release of documents responsive to Plaintiff's December 19, 2022 FOIA request on or before June 1, 2023; and it is further ORDERED that DTRA shall make interim releases of documents responsive to Plaintiff's December 19, 2022 FOIA request on or before every other Friday, beginning on April 14, 2023 through June 1, 2023 11 Consent MOTION to Alter the Production Schedule. Signed by District Judge Leonie M. Brinkema on 4/12/2023. (show) (Entered: 04/12/2023)
2023-04-1213SCHEDULING ORDER:Initial Pretrial Conference set for 5/3/2023 at 11:00 AM in Alexandria Courtroom 400 before Magistrate Judge Lindsey R. Vaala. Discovery due by 8/18/2023. Final Pretrial Conference set for 8/24/2023 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema.. Signed by District Judge Leonie M. Brinkema on 4/12/23. (Attachments: # 1 Mag.Consent, # 2 Pretrial Notice)(yguy) (Entered: 04/13/2023)
2023-04-1814Consent MOTION to Vacate Scheduling Order (Dkt. No. 13) by Defense Threat Reduction Agency, Department Of Defense. (Attachments: # 1 Proposed Order)(Levenson, Rebecca) (Entered: 04/18/2023)
2023-04-1815ORDERED that the Defendants' motion is GRANTED and the scheduling order issued in this case (Dkt. No. 13) is hereby VACATED in re 14 Consent MOTION to Vacate Scheduling Order (Dkt. No. 13). Signed by District Judge Leonie M. Brinkema on 4/18/2023. (show) (Entered: 04/19/2023)
2023-10-0216ORDERED that the parties file a status report by October 10, 2023 or otherwise explain why this civil action should not be dismissed. Signed by District Judge Leonie M. Brinkema on 10/2/2023. (swil) (Entered: 10/03/2023)
2023-10-1017STATUS REPORT (Joint) by Defense Threat Reduction Agency, Department Of Defense. (Levenson, Rebecca) (Entered: 10/10/2023)
2023-10-1118ORDERED that the following schedule will govern the parties' summary judgment briefing: Plaintiff will inform DTRA of its final list of redaction challenges on or before October 17, 2023 . DTRA will file its motion for summary judgment on or before November 7, 2023 . Plaintiff will file any opposition to DTRA's motion for summary judgment on or before November 28, 2023 . DTRA will file its reply in support of its motion for summary judgment on or before December 12, 2023 . Signed by District Judge Leonie M. Brinkema on 10/11/2023. (Dcrow, ) Modified on 10/11/2023 to edit docket (Dcrow, ). (Entered: 10/11/2023)
2023-10-2319STIPULATION of Dismissal by Defense Threat Reduction Agency, Department Of Defense. (Levenson, Rebecca) (Entered: 10/23/2023)
2023-10-2420So Ordered in re 19 Stipulation of Dismissal With Prejudice filed by Department Of Defense, Defense Threat Reduction Agency. Signed by District Judge Leonie M. Brinkema on 10/24/2023. (swil) (Entered: 10/24/2023)
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