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Case TitleBIDDLE v. U.S. DEPARTMENT OF DEFENSE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv01380
Date Filed2023-05-16
Date ClosedOpen
JudgeJudge Timothy J. Kelly
PlaintiffSAM BIDDLE
Case DescriptionSam Biddle, a journalist, submitted a FOIA request to the Department of Defense for records pertaining to the Algorithmic Warfare Cross-Functional Team's use of Google technology between January 1, 2017 and March 6, 2018. Biddle also requested a fee waiver. The agency acknowledged receipt of the request. The agency denied the request, primarily under Exemption 3 (other statutes), claiming the records involved critical infrastructure information. Biddle filed an administrative appeal. The agency provided a second decision on the initial request and denied the records again. After hearing nothing further from the agency, Biddle filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF DEFENSE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-05-161COMPLAINT against U.S. DEPARTMENT OF DEFENSE ( Filing fee $ 402 receipt number ADCDC-10071093) filed by SAM BIDDLE. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Civil Cover Sheet, # 11 Summons (United States Attorney's Office), # 12 Summons (U.S. Department of Defense), # 13 Summons (United States Attorney General))(Britz, Benjamin) Modified on 5/17/2023 to add filing fee information (zsl). (Entered: 05/16/2023)
2023-05-17Case Assigned to Judge Timothy J. Kelly. (zsl) (Entered: 05/17/2023)
2023-05-172SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF DEFENSE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsl) (Entered: 05/17/2023)
2023-05-173MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Stephen A. Fowler, Filing fee $ 100, receipt number ADCDC-10075909. Fee Status: Fee Paid. by SAM BIDDLE. (Attachments: # 1 Declaration of Stephen A. Fowler, # 2 Exhibit 1 (Certificate of Good Standing))(Britz, Benjamin) (Entered: 05/17/2023)
2023-05-174MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Justin Pendleton, Filing fee $ 100, receipt number ADCDC-10075953. Fee Status: Fee Paid. by SAM BIDDLE. (Attachments: # 1 Declaration of Justin Pendleton, # 2 Exhibit 1 (Certificate of Good Standing))(Britz, Benjamin) (Entered: 05/17/2023)
2023-05-18MINUTE ORDER granting Plaintiffs' 3 4 Motions for Leave to Appear Pro Hac Vice. Attorneys Stephen A. Fowler and Justin Pendleton are hereby admitted pro hac vice to appear on behalf of Plaintiff. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions . Signed by Judge Timothy J. Kelly on 5/18/2023. (lctjk2) (Entered: 05/18/2023)
2023-05-245NOTICE of Appearance by Stephen Alexander Fowler on behalf of SAM BIDDLE (Fowler, Stephen) (Entered: 05/24/2023)
2023-05-266RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General May 23, 2023. (Fowler, Stephen) (Entered: 05/26/2023)
2023-05-267RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/22/2023. Answer due for ALL FEDERAL DEFENDANTS by 6/21/2023. (Fowler, Stephen) (Entered: 05/26/2023)
2023-05-268RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF DEFENSE served on 5/22/2023 (Fowler, Stephen) (Entered: 05/26/2023)
2023-06-209NOTICE of Appearance by Stephanie R. Johnson on behalf of U.S. DEPARTMENT OF DEFENSE (Johnson, Stephanie) (Entered: 06/20/2023)
2023-06-2110ANSWER to Complaint by U.S. DEPARTMENT OF DEFENSE.(Johnson, Stephanie) (Entered: 06/21/2023)
2023-06-22MINUTE 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 July 12, 2023. Signed by Judge Timothy J. Kelly on 6/22/2023. (lctjk2) (Entered: 06/22/2023)
2023-06-2711NOTICE of Appearance by Justin Pendleton on behalf of SAM BIDDLE (Pendleton, Justin) (Entered: 06/27/2023)
2023-07-1212Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE. (Johnson, Stephanie) (Entered: 07/12/2023)
2023-07-13MINUTE ORDER: Upon consideration of the parties' 12 Joint Status Report, it is hereby ORDERED that the following schedule shall govern summary-judgment briefing in this case: Defendant shall file its motion for summary judgment by September 11, 2023; Plaintiff shall file his combined opposition and cross-motion for summary judgment by November 10, 2023; Defendant shall file its combined reply and cross-opposition by December 11, 2023; and Plaintiff shall file his cross-reply by January 10, 2024. Signed by Judge Timothy J. Kelly on 7/13/2023. (lctjk2) (Entered: 07/13/2023)
2023-09-0613Unopposed MOTION for Extension of Time to File Motion for Summary Judgment , Unopposed MOTION to Modify Briefing Schedule by U.S. DEPARTMENT OF DEFENSE. (Johnson, Stephanie) (Entered: 09/06/2023)
2023-09-08MINUTE ORDER granting Defendant's 13 Unopposed Motion for Extension of Time to File Their Motion for Summary Judgment and Motion to Modify the Briefing Schedule. It is hereby ORDERED, for good cause shown, that Defendant's 13 Unopposed Motion is GRANTED. It is further ORDERED that the deadlines in the Minute Order of July 13, 2023, are VACATED, and the following schedule shall govern summary-judgment briefing in this case: Defendant shall file its motion for summary judgment by October 11, 2023; Plaintiff shall file his combined opposition and cross-motion for summary judgment by December 11, 2023; Defendant shall file its combined reply and cross-opposition by January 10, 2024; and Plaintiff shall file his cross-reply by February 9, 2024. Signed by Judge Timothy J. Kelly on 9/8/2023. (lctjk2) (Entered: 09/08/2023)
2023-10-1114MOTION for Summary Judgment by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Declaration of Mark H. Herrington)(Johnson, Stephanie) (Entered: 10/11/2023)
2023-12-0815MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Evan D. Cooper, Filing Fee $100; receipt number ADCDC-10547583. by SAM BIDDLE. (Attachments: # 1 Declaration of Evan D. Cooper in Support of Motion for Admission Pro Hac Vice, # 2 Certificate of Good Standing)(Britz, Benjamin) Modified to add payment information on 12/11/2023 (znmw). (Entered: 12/08/2023)
2023-12-11MINUTE ORDER granting Plaintiff's 15 Motion for Leave to Appear Pro Hac Vice. It is hereby ORDERED that Plaintiff's 15 Motion is GRANTED. Attorney Evan D. Cooper is hereby admitted pro hac vice on behalf of Plaintiff. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions . Signed by Judge Timothy J. Kelly on 12/11/2023. (lctjk2) (Entered: 12/11/2023)
2023-12-1116Memorandum in opposition to re 14 Motion for Summary Judgment filed by SAM BIDDLE. (Attachments: # 1 [PROPOSED] ORDER, # 2 [ALTERNATIVE PROPOSED] ORDER, # 3 PLAINTIFFS RESPONSE TO DEFENDANTS STATEMENT OF MATERIAL FACTS AND STATEMENT OF ADDITIONAL MATERIAL UNDISPUTED FACTS, # 4 CERTIFICATE OF SERVICE, # 5 DECLARATION OF JUSTIN PENDLETON, # 6 Exhibit 1, # 7 Exhibit 2, # 8 Exhibit 3, # 9 Exhibit 4, # 10 Exhibit 5, # 11 Exhibit 6, # 12 Exhibit 7, # 13 Exhibit 8, # 14 Exhibit 9, # 15 Exhibit 10, # 16 Exhibit 11, # 17 Exhibit 12, # 18 Exhibit 13, # 19 Exhibit 14, # 20 Exhibit 15, # 21 Exhibit 16, # 22 Exhibit 17, # 23 Exhibit 18, # 24 Exhibit 19, # 25 Exhibit 20, # 26 Exhibit 21, # 27 Exhibit 22, # 28 Exhibit 23, # 29 Exhibit 24, # 30 Exhibit 25)(Britz, Benjamin) (Entered: 12/11/2023)
2023-12-1117Cross MOTION for Summary Judgment by SAM BIDDLE. (Attachments: # 1 PLAINTIFFS COMBINED STATEMENT OF POINTS AND AUTHORITIES IN SUPPORT OF ITS CROSS-MOTION FOR SUMMARY JUDGMENT AND IN OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT, # 2 [PROPOSED] ORDER, # 3 [ALTERNATIVE PROPOSED] ORDER, # 4 PLAINTIFFS RESPONSE TO DEFENDANTS STATEMENT OF MATERIAL FACTS AND STATEMENT OF ADDITIONAL MATERIAL UNDISPUTED FACTS, # 5 CERTIFICATE OF SERVICE, # 6 DECLARATION OF JUSTIN PENDLETON, # 7 Exhibit 1, # 8 Exhibit 2, # 9 Exhibit 3, # 10 Exhibit 4, # 11 Exhibit 5, # 12 Exhibit 6, # 13 Exhibit 7, # 14 Exhibit 8, # 15 Exhibit 9, # 16 Exhibit 10, # 17 Exhibit 11, # 18 Exhibit 12, # 19 Exhibit 13, # 20 Exhibit 14, # 21 Exhibit 15, # 22 Exhibit 16, # 23 Exhibit 17, # 24 Exhibit 18, # 25 Exhibit 19, # 26 Exhibit 20, # 27 Exhibit 21, # 28 Exhibit 22, # 29 Exhibit 23, # 30 Exhibit 24, # 31 Exhibit 25)(Britz, Benjamin) (Entered: 12/11/2023)
2024-01-0818Unopposed MOTION for Extension of Time to File Defendant's Combined Reply and Opposition , Unopposed MOTION to Modify Briefing Schedule by U.S. DEPARTMENT OF DEFENSE. (Johnson, Stephanie) (Entered: 01/08/2024)
2024-01-09MINUTE ORDER granting Defendant's 18 Unopposed Motion for Extension of Time and to Modify the Briefing Schedule. Upon consideration of Defendant's 18 Unopposed Motion, and for good cause shown, it is hereby ORDERED that the Unopposed Motion is GRANTED. Defendant shall file its combined reply and cross-opposition by February 16, 2024, and Plaintiff shall file his cross-reply by March 25, 2024. Signed by Judge Timothy J. Kelly on 1/9/2024. (lctjk2) (Entered: 01/09/2024)
2024-02-1519Unopposed MOTION for Extension of Time to File Reply and Opposition , Unopposed MOTION to Modify Briefing Schedule by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Johnson, Stephanie) (Entered: 02/15/2024)
2024-02-16MINUTE ORDER granting Defendant's 19 Unopposed Motion for Extension of Time and to Modify the Briefing Schedule. Upon consideration of Defendant's 19 Unopposed Motion, and for good cause shown, it is hereby ORDERED that the Unopposed Motion is GRANTED. Defendant shall file its combined reply and cross-opposition by February 21, 2024, and Plaintiff shall file his cross-reply by April 1, 2024. Signed by Judge Timothy J. Kelly on 2/16/2024. (lctjk2) (Entered: 02/16/2024)
2024-02-16Set/Reset Deadlines: Reply to Motion for Summary Judgment due by 2/21/2024. (zkh) (Entered: 02/16/2024)
2024-02-2120REPLY to opposition to motion re 14 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Response to Plaintiff's Statement of Facts)(Johnson, Stephanie) (Entered: 02/21/2024)
2024-02-2121Memorandum in opposition to re 17 Motion for Summary Judgment,,, filed by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Response to Plaintiff's Statement of Facts)(Johnson, Stephanie) (Entered: 02/21/2024)
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