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Case TitleFreedom Watch, Inc. v. Department of the Navy et al
DistrictMiddle District of Florida
CityOcala
Case Number5:2013cv00420
Date Filed2013-09-04
Date Closed2014-12-09
JudgeSenior Judge Wm. Terrell Hodges
PlaintiffFreedom Watch, Inc.
Case DescriptionFreedom Watch submitted FOIA requests to the Departments of the Navy, Army and Air Force for records concerning a 2011 helicopter crash in Afghanistan. Freedom Watch also requested expedited processing and a fee waiver. After hearing nothing further from the agency, Freedom Watch filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantDepartment of the Navy
DefendantDepartment of the Army
DefendantDepartment of the Air Force
DefendantDepartment of Defense
AppealEleventh Circuit 15-10098
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [17]
Opinion/Order [23]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2013-09-041COMPLAINT against Department of Defense, Department of the Air Force, Department of the Army, Department of the Navy (Filing fee $ 400.00, receipt number OCA-4022) filed by Freedom Watch, Inc. (Attachments: # 1 Civil Cover Sheet)(DFD) (Entered: 09/05/2013)
2013-09-102NOTICE of designation under Local Rule 3.05 - track 2. Signed by Deputy Clerk on 9/10/2013. (Attachments: # 1 consent forms) Copies mailed/emailed. (MAM) (Entered: 09/10/2013)
2013-09-123SUMMONS issued as to Department of Defense, Department of the Air Force, Department of the Army, Department of the Navy, U.S. Attorney and U.S. Attorney General. (LAB) (Entered: 09/12/2013)
2013-10-234MOTION to extend time to Respond to Plaintiff's Complaint by Department of Defense, Department of the Air Force, Department of the Army, Department of the Navy. (Mehta, Jason) (Entered: 10/23/2013)
2013-11-045ENDORSED ORDER granting 4 Motion to extend time. Defendants shall have until December 2, 2013 to respond to the Complaint. Signed by Magistrate Judge Philip R. Lammens on 11/4/2013. (JWM) (Entered: 11/04/2013)
2013-11-05Set/reset deadlines as to defendant's response to complaint. Responses due by 12/2/2013 (LAB) (Entered: 11/05/2013)
2013-11-266NOTICE of Appearance by Paul A. Dean on behalf of Department of Defense, Department of the Air Force, Department of the Army and Department of the Navy. (Mehta, Jason) Modified on 12/10/2013 (LMF). (Entered: 11/26/2013)
2013-11-267Second MOTION to extend time to Respond to Plaintiff's Complaint by Department of Defense, Department of the Air Force, Department of the Army, Department of the Navy. (Mehta, Jason) (Entered: 11/26/2013)
2013-11-278ENDORSED ORDER granting 7 Motion to extend time. Defendants shall have until December 10, 2013 to file a response to the Complaint. Signed by Magistrate Judge Philip R. Lammens on 11/27/2013. (JWM) (Entered: 11/27/2013)
2013-11-27Reset deadline: Answer due by 12/10/2013. (MJT) (Entered: 11/27/2013)
2013-12-109ANSWER and affirmative defenses to Complaint by Department of Defense, Department of the Air Force, Department of the Army, Department of the Navy.(Dean, Paul) (Entered: 12/10/2013)
2013-12-3110MOTION for summary judgment by Freedom Watch, Inc.. (Attachments: # 1 Main Document Memorandum in Support of Motion for Summary Judgment, # 2 Exhibit 1 -- Ltr. from U.S. Command, # 3 Affidavit of Larry Klayman)(Klayman, Larry) (Entered: 12/31/2013)
2014-01-0211SUMMARY JUDGMENT NOTICE re 10 MOTION for summary judgment by Freedom Watch, Inc. (LAB) (Entered: 01/02/2014)
2014-01-2112MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion for Summary Judgment by All Defendants. (Dean, Paul) Motions referred to Magistrate Judge Philip R. Lammens. Modified on 1/22/2014 (LAB). (Entered: 01/21/2014)
2014-01-2313ENDORSED ORDER granting 12 Motion for Extension of Time to File Response/Reply. Responses due by 1/31/2014, Replies due by 1/31/2014. Signed by Magistrate Judge Philip R. Lammens on 1/23/2014. (JWM) (Entered: 01/23/2014)
2014-01-2314SCHEDULING ORDER. Data entry error. Docketed in wrong case . PDF removed. (JWM) Modified on 1/23/2014 (MJT). (Entered: 01/23/2014)
2014-01-24Set/reset deadlines as to 10 MOTION for summary judgment . Responses due by 1/31/2014, Replies due by 1/31/2014. (LAB) (Entered: 01/24/2014)
2014-01-3115MEMORANDUM in opposition re 10 Motion for summary judgment filed by Department of Defense, Department of the Air Force, Department of the Army, Department of the Navy. (Attachments: # 1 Exhibit Exh 1, # 2 Exhibit Exh 2, # 3 Exhibit Exh 3, # 4 Exhibit Exh 4, # 5 Exhibit Exh 5)(Dean, Paul) (Entered: 01/31/2014)
2014-03-2016MOTION for miscellaneous relief, specifically for telephonic status conference by Freedom Watch, Inc.. (Attachments: # 1 Exhibit Washington Times Article)(Klayman, Larry) (Entered: 03/20/2014)
2014-03-2617ORDER denying without prejudice 16 Motion for telephonic hearing. See Order for details. Signed by Magistrate Judge Philip R. Lammens on 3/26/2014. (JWM) (Entered: 03/26/2014)
2014-04-0818ORDER to show cause why case should not be dismissed for lack of prosecution due to the non-filing of a case management report. Signed by Senior Judge Wm. Terrell Hodges on 4/8/2014. Copies mailed/emailed (MAM) (Entered: 04/08/2014)
2014-04-1119RESPONSE TO ORDER TO SHOW CAUSE re 18 Order to show cause filed by Freedom Watch, Inc.. (Klayman, Larry) (Entered: 04/11/2014)
2014-04-1120CASE MANAGEMENT REPORT. (Klayman, Larry) (Entered: 04/11/2014)
2014-04-1421MOTION to extend time to File Cross-Motion for Summary Judgment by All Defendants. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Dean, Paul) (Entered: 04/14/2014)
2014-04-1522NOTICE of telephonic hearing: Status Conference set for 4/30/2014 at 10:30 AM. This hearing will be held before Magistrate Judge Philip R. Lammens by telephone. Counsel shall call the reserved conference call number at 888-684-8852 and enter access code 5344767 and then enter security code 043014. (DFD) (Entered: 04/15/2014)
2014-04-1623ORDER. Defendants' motion (Doc. 21) is GRANTED, and Defendants may have until 5/16/14 within which to file their Cross-Motion for Summary Judgment. Signed by Magistrate Judge Philip R. Lammens on 4/16/2014. (JWM) Modified on 4/17/2014 (LAB). (Entered: 04/16/2014)
2014-04-1624MOTION to modify Court's Order of 4/16/14 by Freedom Watch, Inc.. (Klayman, Larry) Modified on 4/17/2014 (LAB). (Entered: 04/16/2014)
2014-04-1725SUPPLEMENT re 24 MOTION to modify Court's Order of April 16, 2014 by Freedom Watch, Inc.. (Attachments: # 1 Exhibit 1 -- Documents released by Defendant Department of the Navy)(Klayman, Larry) (Entered: 04/17/2014)
2014-04-2326ORDER. Plaintiff's Motion to Modify Court's Order (Doc. 24) is DENIED without prejudice. Additionally, in light of the extension of Defendants' deadline to file their Cross-Motion for Summary Judgment, the Status Conference currently set for April 30, 2014 is hereby cancelled, and may be rescheduled, if necessary, on a future date. Signed by Magistrate Judge Philip R. Lammens on 4/23/2014. (JWM) (Entered: 04/23/2014)
2014-05-1327CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 6/25/2014, Dispositive motions due by 7/8/2014, Pretrial Conference set for 9/24/2014 at 10:00 AM in Ocala Courtroom 3 A before Senior Judge Wm. Terrell Hodges, Bench Trial set for trial term commencing 10/6/2014 in Ocala Courtroom 3 A before Senior Judge Wm. Terrell Hodges. Signed by Deputy Clerk on 5/13/2014. Copies mailed/emailed (MAM) (Entered: 05/13/2014)
2014-05-1628MOTION for summary judgment by All Defendants. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Text of Proposed Order)(Dean, Paul) (Entered: 05/16/2014)
2014-06-0229MEMORANDUM in opposition re 28 Motion for summary judgment filed by Freedom Watch, Inc.. (Attachments: # 1 Exhibit 1 -- Affidavit of Larry Klayman, # 2 Exhibit 2 -- Rule 56(d) Affidavit of Larry Klayman, # 3 Exhibit 3 -- Declaration of Jonathon Moseley)(Klayman, Larry) (Entered: 06/02/2014)
2014-06-0330SUMMARY JUDGMENT NOTICE re 28 MOTION for summary judgment by Department of Defense, Department of the Air Force, Department of the Army, Department of the Navy. (LAB) (Entered: 06/03/2014)
2014-06-1031MOTION for leave to file Reply Memorandum in support of Defendants' Motion for Summary Judgment by All Defendants. (Attachments: # 1 Text of Proposed Order)(Dean, Paul) (Entered: 06/10/2014)
2014-06-1132ENDORSED ORDER granting 31 Motion for Leave to File reply brief. Signed by Magistrate Judge Philip R. Lammens on 6/11/2014. (JWM) (Entered: 06/11/2014)
2014-06-2333REPLY to Response to Motion re 28 MOTION for summary judgment filed by Department of Defense, Department of the Air Force, Department of the Army, Department of the Navy. (Dean, Paul) (Entered: 06/23/2014)
2014-08-2134NOTICE OF RESCHEDULING HEARING: The Pretrial Conference previously scheduled for 9/24/14 at 10:00 am is rescheduled. New scheduling date and time: Pretrial Conference set for 9/25/2014 at 03:00 PM in Ocala Courtroom 3 A before Senior Judge Wm. Terrell Hodges. Copies mailed/emailed (MAM) (Entered: 08/21/2014)
2014-09-1035NOTICE OF RESCHEDULING HEARING: The pretrial conference previously scheduled for 9/25/14 at 3:00 pm, and jury trial previously scheduled for the trial term commencing 10/6/14 are rescheduled. New scheduling dates and times: Pretrial Conference set for 12/19/2014 at 09:00 AM in Ocala Courtroom 3A before Senior Judge Wm. Terrell Hodges. Bench Trial set for trial term commencing 1/5/2015 in Ocala Courtroom 3A before Senior Judge Wm. Terrell Hodges. (MAM) (Entered: 09/10/2014)
2014-12-0836ORDER granting 28 Defendants' Motion for summary judgment; denying 10 Plaintiff's Motion for summary judgment. Signed by Senior Judge Wm. Terrell Hodges on 12/8/2014. (LRH) (Entered: 12/08/2014)
2014-12-0937JUDGMENT in favor of Department of Defense, Department of the Air Force, Department of the Army, Department of the Navy against Freedom Watch, Inc.. Civil appeals checklist attached. Signed by Deputy Clerk on 12/9/2014. (MJT) (Entered: 12/09/2014)
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