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Case TitleCITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. DEPARTMENT OF DEFENSE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv00223
Date Filed2023-01-26
Date Closed2023-07-27
JudgeJudge Randolph D. Moss
PlaintiffCITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON
Case DescriptionCitizens for Responsibility and Ethics in Washington submitted a FOIA request to the Department of Defense for records concerning a report by Col. Earl Matthews, Staff Judge Advocate for the Commanding General of the District of Columbia refuting a report from the Office of the Inspector General that the actions taken by DOD in relation to calling out the D.C. National Guard to the Capitol Building were appropriate. The Matthews report alleged that then Gen. Charles Flynn had spoken with is brother, former Lt. Gen. Michael Flynn about calling up the National Guard. CREW asked for a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, CREW filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF DEFENSE
DefendantU.S. DEPARTMENT OF THE ARMY
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

2023-01-261COMPLAINT against U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE ARMY ( Filing fee $ 402 receipt number ADCDC-9815032) filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Attorney General, # 3 Summons U.S. Dep't of Army, # 4 Summons Dep't of Defense, # 5 Summons U.S. Attorney for DC)(Weismann, Anne) (Entered: 01/26/2023)
2023-01-262LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Weismann, Anne) (Entered: 01/26/2023)
2023-01-26Case Assigned to Judge Randolph D. Moss. (zrtw) (Entered: 01/26/2023)
2023-01-263SUMMONS (4) Issued Electronically as to U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE ARMY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zrtw) (Entered: 01/26/2023)
2023-01-264STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 1/26/2023. (lcrdm1) (Entered: 01/26/2023)
2023-02-105RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF DEFENSE served on 2/6/2023; U.S. DEPARTMENT OF THE ARMY served on 2/6/2023, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/6/2023. ( Answer due for ALL FEDERAL DEFENDANTS by 3/8/2023.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 2/6/23. (Weismann, Anne) (Entered: 02/10/2023)
2023-02-286NOTICE of Appearance by John Haberland on behalf of U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE ARMY (Haberland, John) (Entered: 02/28/2023)
2023-02-287Consent MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 02/28/2023)
2023-03-01MINUTE ORDER: Upon consideration of Defendants' consent motion for extension of time to file answer, Dkt. 7 , it is hereby ORDERED that the motion is GRANTED. Defendants shall file their answer on or before May 8, 2023. Signed by Judge Randolph D. Moss on 3/1/2023. (lcrdm1) (Entered: 03/01/2023)
2023-05-048Consent MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 05/04/2023)
2023-05-05MINUTE ORDER: Upon consideration of Defendants' consent motion for extension of time to respond to the complaint, Dkt. 8 , it is hereby ORDERED that the motion is GRANTED. Defendants shall respond to the complaint on or before June 9, 2023. Signed by Judge Randolph D. Moss on 5/5/2023. (lcrdm1) (Entered: 05/05/2023)
2023-06-029NOTICE OF SUBSTITUTION OF COUNSEL by Patrick Doyle on behalf of U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE ARMY Substituting for attorney John Haberland (Doyle, Patrick) (Entered: 06/02/2023)
2023-06-0610Consent MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 06/06/2023)
2023-06-06MINUTE ORDER: Upon consideration of Defendants' consent motion for extension of time to respond to the complaint, Dkt. 10 , it is hereby ORDERED that the motion is GRANTED. Defendants shall respond to the complaint on or before July 7, 2023. Signed by Judge Randolph D. Moss on 6/6/2023. (lcrdm1) (Entered: 06/06/2023)
2023-07-0611ANSWER to Complaint by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE ARMY.(Doyle, Patrick) (Entered: 07/06/2023)
2023-07-06MINUTE ORDER: It is ORDERED that, on or before July 28, 2023, the parties shall confer and file a joint status report addressing (1) any documents still to be produced pursuant to FOIA; (2) an anticipated schedule for processing and producing any such documents; and (3) any substantive areas of disagreement between the parties. It is FURTHER ORDERED that the parties shall appear by video for an Initial Scheduling Conference on August 4, 2023, at 2:30 p.m., via Zoom. Signed by Judge Randolph D. Moss on 7/6/2023. (lcrdm1) (Entered: 07/06/2023)
2023-07-2612STIPULATION of Dismissal Joint by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Weismann, Anne) (Entered: 07/26/2023)
2023-07-27MINUTE ORDER: In light of the parties' Joint Stipulation of Dismissal, Dkt. 12 , the Court ORDERS that the case is DISMISSED without prejudice, with each party bearing its own costs and fees. The Clerk of Court is directed to terminate this case. Signed by Judge Randolph D. Moss on 7/27/2023. (lcrdm1) (Entered: 07/27/2023)
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