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Case TitleAssociated Energy Group, LLC v. Department of Defense et al
DistrictSouthern District of Florida
CityMiami
Case Number1:2023cv24284
Date Filed2023-11-08
Date Closed2024-01-17
JudgeJudge Roy K. Altman
PlaintiffAssociated Energy Group, LLC
Case DescriptionAssociated Energy Group submitted a FOIA request to the Department of Defense for records concerning a contract with United Capital Investment Group to build a pipeline in Djibouti. AEG agreed to pay fees up to $1,000. The agency acknowledged receipt of the request. After hearing nothing further from the agency, AEG filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantDepartment of Defense
Secretary of Defense
c/o General Counsel, Department of Defense
U.S. Department of Defense
1000 Defense Pentagon, DC 20301-1000
United Sta
DefendantDefense Logistics Agency
Director, Defense Logistics Agency
Andrew T. McNamara Building
8725 John J. Kingman Road, VA 22060-6221
United Sta
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-11-081COMPLAINT (FREEDOM OF INFORMATION ACT) against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-17058970, filed by ASSOCIATED ENERGY GROUP, LLC. (Attachments: # 1 Exhibit AEG Request, # 2 Civil Cover Sheet AEG FOIA Civil Cover Sheet, # 3 Summon(s) DOD Summons, # 4 Summon(s) DLA Summons, # 5 Summon(s) US Attorney Summons, # 6 Summon(s) AG Summons)(Roberts, Joel) (Entered: 11/08/2023)
2023-11-082Clerk's Notice of Judge Assignment to Judge Roy K. Altman and Magistrate Judge Jacqueline Becerra. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (caw) (Entered: 11/09/2023)
2023-11-093Summons Issued as to Defense Logistics Agency, Department of Defense, U.S. Attorney and U.S. Attorney General. (caw) (Entered: 11/09/2023)
2023-11-094Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by ASSOCIATED ENERGY GROUP, LLC (Roberts, Joel) (Entered: 11/09/2023)
2023-11-095Bar Letter re: Admissions sent to attorney Todd J. Canni and Kevin Barnett, mailing date November 9, 2023, (pt) (Entered: 11/09/2023)
2023-11-136ORDER IN CASES WITH MULTIPLE DEFENDANTS. Signed by Judge Roy K. Altman on 11/13/2023. See attached document for full details. (caw) (Entered: 11/13/2023)
2023-11-147MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Kevin T. Barnett. Filing Fee $ 200.00 Receipt # AFLSDC-17071252 by Associated Energy Group, LLC. Responses due by 11/28/2023 (Attachments: # 1 Text of Proposed Order Proposed Order)(Roberts, Joel) (Entered: 11/14/2023)
2023-11-148MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Todd J. Canni. Filing Fee $ 200.00 Receipt # AFLSDC-17071296 by Associated Energy Group, LLC. Responses due by 11/28/2023 (Attachments: # 1 Text of Proposed Order Proposed Order)(Roberts, Joel) (Entered: 11/14/2023)
2023-11-159PAPERLESS ORDER granting 7 and 8 , the Motions to Appear Pro Hac Vice , Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Kevin T. Barnett and Todd J. Canni may appear and participate in this action on behalf of the Plaintiff, Associated Energy Group, LLC. The Clerk of Court shall provide electronic notification of all electronic filings to kbarnett@bakerlaw.com and tcanni@bakerlaw.com. Signed by Judge Roy K. Altman on 11/15/2023. (lcr) (Entered: 11/15/2023)
2023-12-0110NOTICE of Filing Proposed Summons(es) Notice of Service of Summons and Complaint - U.S. Attorney General by Associated Energy Group, LLC re 3 Summons Issued as to USA, 1 Complaint, filed by Associated Energy Group, LLC (Roberts, Joel) (Entered: 12/01/2023)
2023-12-0111NOTICE of Filing Proposed Summons(es) Notice of Service of Summons and Complaint - Secretary of Defense by Associated Energy Group, LLC re 3 Summons Issued as to USA, 1 Complaint, filed by Associated Energy Group, LLC (Roberts, Joel) (Entered: 12/01/2023)
2023-12-0112NOTICE of Filing Proposed Summons(es) Notice of Service of Summons and Complaint - U.S. Attorney SDF by Associated Energy Group, LLC re 3 Summons Issued as to USA, 1 Complaint, filed by Associated Energy Group, LLC (Roberts, Joel) (Entered: 12/01/2023)
2023-12-0113NOTICE of Filing Proposed Summons(es) Notice of Service of Summons and Complaint - Director Defense Logistics Agency by Associated Energy Group, LLC re 3 Summons Issued as to USA, 1 Complaint, filed by Associated Energy Group, LLC (Roberts, Joel) (Entered: 12/01/2023)
2023-12-0114SUMMONS (Affidavit) Returned Executed by Associated Energy Group, LLC. U.S. Attorney General served on 11/24/2023, response/answer due 1/23/2024. See DE 10 for image. (ebz) (Entered: 12/04/2023)
2023-12-0115SUMMONS (Affidavit) Returned Executed by Associated Energy Group, LLC. Department of Defense served on 11/22/2023, response/answer due 1/22/2024. See DE 11 for image. (ebz) (Entered: 12/04/2023)
2023-12-0116SUMMONS (Affidavit) Returned Executed by Associated Energy Group, LLC. U.S. Attorney served on 11/21/2023, response/answer due 1/22/2024. See DE 12 for image. (ebz) (Entered: 12/04/2023)
2023-12-0117SUMMONS (Affidavit) Returned Executed by Associated Energy Group, LLC. Defense Logistics Agency served on 11/15/2023, response/answer due 1/16/2024. See DE 13 for image. (ebz) (Entered: 12/04/2023)
2023-12-0118Clerk's Notice to Filer re 11 Notice of Filing Proposed Summons(es), 10 Notice of Filing Proposed Summons(es), 12 Notice of Filing Proposed Summons(es), 13 Notice of Filing Proposed Summons(es) Wrong Event Selected ; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see 14 Summons Returned Executed as to USA, 15 Summons Returned Executed as to USA, 16 Summons Returned Executed as to USA, 17 Summons Returned Executed as to USA. It is not necessary to refile this document. (ebz) (Entered: 12/04/2023)
2023-12-0619MOTION to Amend/Correct Deadline for Defendants' Response/Answer by Associated Energy Group, LLC. Responses due by 12/20/2023 (Roberts, Joel) (Entered: 12/06/2023)
2023-12-0620PAPERLESS ORDER granting in part 19 the Plaintiff's Motion for a Corrected Deadline for Defendants' Response/Answer. Under the Freedom of Information Act ("FOIA"), a government agency has thirty days after service of the complaint to file an answer. See 5 U.S.C. § 552(a)(4)(C) ("Notwithstanding any other provision of law, the defendant shall serve an answer or otherwise plead to any complaint made under this subsection within thirty days after service upon the defendant of the pleading in which such complaint is made, unless the court otherwise directs for good cause shown."). Our Multiple Defendants Order, see 6 , provides that "[t]he time for responsive pleadings -- for all Defendants -- begins to run once all Defendants have either (1) been served or (2) waived service." Id . at 6. Here, the Department of Defense was served on November 22, 2023. See 11 Notice of Service. Thus the deadline for both Defendants to respond is December 22, 2023 . Signed by Judge Roy K. Altman on 12/6/2023. (lcr) (Entered: 12/06/2023)
2023-12-0621NOTICE of Attorney Appearance by Geraldine Patrizia Asher on behalf of Associated Energy Group, LLC. Attorney Geraldine Patrizia Asher added to party Associated Energy Group, LLC(pty:pla). (Asher, Geraldine) (Entered: 12/06/2023)
2023-12-1922Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint, by Defense Logistics Agency, Department of Defense. Attorney Carlos Javier Raurell added to party Defense Logistics Agency(pty:dft), Attorney Carlos Javier Raurell added to party Department of Defense(pty:dft). (Raurell, Carlos) (Entered: 12/19/2023)
2023-12-1923PAPERLESS ORDER granting 22 the Defendants' Unopposed Motion for Extension of Time. The Defendants shall respond to the Plaintiffs Complaint by January 22, 2024. Signed by Judge Roy K. Altman on 12/19/2023. (lcr) (Entered: 12/19/2023)
2024-01-1724Second MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint, by Defense Logistics Agency, Department of Defense. (Raurell, Carlos) (Entered: 01/17/2024)
2024-01-1725PAPERLESS ORDER granting in part 8 the Defendants' Unopposed Motion for Extension of Time to Respond to Complaint (the "Motion"). This is a Freedom of Information Act ("FOIA") case, in which the Plaintiff "requests that this Court enter a judgment for Plaintiff... [o]rder[ing] Defendants, by a date certain, to produce all non-exempt records or portions of records responsive to Plaintiff's [FOIA] request and a Vaughn index of any withheld records or portions of records." Id . at 9. The Defendants -- the U.S. Department of Defense and its component, Defense Logistics Agency ("DLA") -- tell us that "DLA has now completed its search for responsive material and is nearing completion of its review of the material it has located. Defendant DLA expects to issue its final response, including production of non-exempt responsive records, to Plaintiff on or before January 31, 2024. The Defendant agency believes that its response to the pending FOIA request will render moot Plaintiff's Complaint in this action. Accordingly, to allow time for the issuance of the agency's final response and Plaintiff's review of the same, Defendant respectfully requests another extension of 30 days, through February 21, 2024, to respond to Plaintiffs Complaint if necessary." Id . at 1-2. Because the Defendant plans to "issue its final response, including production of non-exempt responsive records" by January 31, 2024, we don't think it makes sense to order the Defendants to respond to the Complaint by February 21, 2024. Therefore, by January 31, 2024, the Defendants shall file a notice on the docket telling us whether they've "complete[d] processing [the] Plaintiff's June 22, 2023 FOIA request and produce[d] all non-exempt material." Id . at 1. In the meantime, the Defendants' deadline to respond to the Complaint is STAYED . The Clerk of Court is directed to CLOSE this case for administrative purposes. Signed by Judge Roy K. Altman on 1/17/2024. (lcr) (Entered: 01/17/2024)
2024-01-17Civil Case Terminated per DE 25 Order. Closing Case. (kpe) (Entered: 01/18/2024)
2024-01-3126Defendant's NOTICE OF ISSUANCE OF FINAL RESPONSE AND PRODUCTION OF NON-EXEMPT MATERIAL RESPONSIVE TO PLAINTIFFS FOIA REQUEST by Defense Logistics Agency, Department of Defense re 25 Order on Motion for Extension of Time to File Response/Reply/Answer,,,,,,,, (Attachments: # 1 Exhibit Final FOIA Response Letter, # 2 Exhibit Responsive Records) (Raurell, Carlos) (Entered: 01/31/2024)
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