| Date Filed | Doc # | Docket Text |
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| 2014-05-06 | 1 | COMPLAINT against DEPARTMENT OF THE ARMY ( Filing fee $ 400 receipt number 0090-3707656) filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Civil Cover Sheet, # 2 Summons US Attorney, # 3 Summons Attorney General, # 4 Summons Department of the Army)(McCall, Ginger) (Entered: 05/06/2014) |
| 2014-05-06 | 2 | LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ELECTRONIC PRIVACY INFORMATION CENTER (McCall, Ginger) (Entered: 05/06/2014) |
| 2014-05-06 | | Case Assigned to Judge Beryl A. Howell. (md, ) (Entered: 05/07/2014) |
| 2014-05-07 | 3 | SUMMONS (3) ISSUED ELECTRONICALLY as to DEPARTMENT OF THE ARMY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons 2nd, # 2 Summons 3rd, # 3 Notice of Consent, # 4 Consent Form)(md, ) (Entered: 05/07/2014) |
| 2014-05-07 | 4 | STANDING ORDER. Signed by Judge Beryl A. Howell on May 7, 2014. (lcbah2) (Entered: 05/07/2014) |
| 2014-05-15 | 5 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/12/2014. Answer due for ALL FEDERAL DEFENDANTS by 6/11/2014 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/12/2014. , RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF THE ARMY served on 5/9/2014. (Attachments: # 1 Affidavit Affidavit of Service - U.S. Attorney General, # 2 Affidavit Affidavit of Service - US Attorney for the District of Columbia, # 3 Affidavit Affidavit of Service - Department of the Army, # 4 Exhibit Receipt for Certified Mail - U.S. Attorney General, # 5 Exhibit Receipt for Certified Mail - US Attorney for the District of Columbia, # 6 Exhibit Receipt for Certified Mail - Department of the Army)(McCall, Ginger) Modified on 5/15/2014 to add service dates (rdj). (Entered: 05/15/2014) |
| 2014-06-05 | 6 | NOTICE of Appearance by John J. Gowel on behalf of DEPARTMENT OF THE ARMY (Gowel, John) (Entered: 06/05/2014) |
| 2014-06-06 | 7 | Joint MOTION to Stay re 1 Complaint, by DEPARTMENT OF THE ARMY (Attachments: # 1 Text of Proposed Order)(Gowel, John) (Entered: 06/06/2014) |
| 2014-06-09 | | MINUTE ORDER (paperless) GRANTING the defendant's 7 Joint Motion to Stay Proceedings. "[T]he District Court has a broad discretion in granting or denying stays so as to 'coordinate the business of the court efficiently and sensibly.'" McSurely v. McClellan , 426 F.2d 664, 671 (D.C. Cir. 1970) (citing Landis v. North American Co. , 299 U.S. 248, 255 (1936)). "Indeed, 'a trial court may, with propriety, find it is efficient for its own docket and the fairest course for the parties to enter a stay of an action before it, pending resolution of independent proceedings which bear upon the case.'" Hisler v. Gallaudet Univ. , 344 F. Supp. 2d 29, 35 (D.D.C. 2004) (quoting Leyva v. Certified Grocers of California, Ltd. , 593 F.2d 857, 86364 (9th Cir. 1979)). The plaintiff has brought suit alleging that the defendant has failed to disclose documents in response to the plaintiffs FOIA request and "ask[ing] the Court to order immediate disclosure of all responsive records." See 1 Compl. paragraph 2. The defendant has represented that it "has located thousands of pages of responsive documents and is in the process of resolving Plaintiff's FOIA request... expect[ing] to complete production in 60 days." Def.'s 7 Jt. Mot. Stay at 2. The parties now seek a stay of the instant matter "to allow Defendant to resolve Plaintiff's FOIA request, to review and produce the requested documents, and for Plaintiff to review the documents that are produced." Id. The parties have indicated that they "believe that [a stay to complete] this process will allow a significant narrowing of the issues to be litigated and may allow the parties to resolve this matter without further litigation." Id. After weighing "the court's interest in judicial economy and any possible hardship to the parties," Belize Soc. Dev. Ltd. v. Gov't of Belize , 668 F.3d 724, 733 (D.C. Cir. 2012) cert. denied , 133 S. Ct. 274 (2012) (citation omitted), the Court STAYS this action until August 10, 2014, on which date the parties shall provide a joint status report addressing: (1) whether the stay should be vacated; and (2) proposing a schedule for further proceedings, if any, in the instant matter. Signed by Judge Beryl A. Howell on June 9, 2014. (lcbah2) (Entered: 06/09/2014) |
| 2014-06-09 | | Case Stayed until 8/10/2014. (tg, ) (Entered: 06/09/2014) |
| 2014-06-09 | | Set/Reset Deadlines: Joint Status Report due by 8/10/2014. (tg, ) (Entered: 06/09/2014) |
| 2014-06-25 | 8 | NOTICE OF SUBSTITUTION OF COUNSEL by Wayne Holden Williams on behalf of DEPARTMENT OF THE ARMY Substituting for attorney John J. Gowel (Williams, Wayne) (Entered: 06/25/2014) |
| 2014-07-22 | 9 | NOTICE of Appearance by Julia Horwitz on behalf of ELECTRONIC PRIVACY INFORMATION CENTER (Horwitz, Julia) (Entered: 07/22/2014) |
| 2014-08-08 | 10 | STATUS REPORT Joint by DEPARTMENT OF THE ARMY. (Williams, Wayne) (Entered: 08/08/2014) |
| 2014-08-08 | 11 | MOTION to Stay Opposed Motion to Continue Stay of Proceedings by DEPARTMENT OF THE ARMY (Attachments: # 1 Text of Proposed Order)(Williams, Wayne) (Entered: 08/08/2014) |
| 2014-08-08 | 12 | Memorandum in opposition to re 11 MOTION to Stay Opposed Motion to Continue Stay of Proceedings filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Text of Proposed Order)(McCall, Ginger) (Entered: 08/08/2014) |
| 2014-08-08 | | MINUTE ORDER (paperless) DIRECTING the plaintiff to file, by August 15, 2014, any response to the defendant's 11 Opposed Motion to Continue Stay of Proceedings. The defendant shall, by August 19, 2014, file any reply. Signed by Judge Beryl A. Howell on August 8, 2014. (lcbah2) (Entered: 08/08/2014) |
| 2014-08-11 | | Set/Reset Deadlines: Response to 11 Opposed Motion to Continue Stay of Proceedings due by 8/15/2014; Reply due by 8/19/2014. (tg, ) (Entered: 08/11/2014) |
| 2014-08-14 | 13 | NOTICE of Appearance by Marc Rotenberg on behalf of ELECTRONIC PRIVACY INFORMATION CENTER (Rotenberg, Marc) (Entered: 08/14/2014) |
| 2014-08-19 | 14 | REPLY to opposition to motion re 11 MOTION to Stay Opposed Motion to Continue Stay of Proceedings filed by DEPARTMENT OF THE ARMY. (Williams, Wayne) (Entered: 08/19/2014) |
| 2014-08-20 | | MINUTE ORDER (paperless) GRANTING the defendant's 11 Opposed Motion to Continue Stay of Proceedings. Upon consideration of the defendant's 11 Opposed Motion to Continue Stay of Proceedings, the plaintiff's 12 Opposition to Defendant's Motion to Continue Stay of Proceedings, and the defendant's 13 Reply for Continuation of Stay of Proceedings, the Court finds that the "court's interest in judicial economy" and the "possible hardship to the parties" favor a continued stay of the proceedings. Belize Soc. Dev. Ltd. v. Gov't of Belize , 668 F.3d 724, 733 (D.C. Cir. 2012) cert. denied , 133 S. Ct. 274 (2012) (citation omitted). "[T]he District Court has a broad discretion in granting or denying stays so as to 'coordinate the business of the court efficiently and sensibly.'" McSurely v. McClellan , 426 F.2d 664, 671 (D.C. Cir. 1970) (citing Landis v. North American Co. , 299 U.S. 248, 255 (1936)). "Indeed, 'a trial court may, with propriety, find it is efficient for its own docket and the fairest course for the parties to enter a stay of an action before it, pending resolution of independent proceedings which bear upon the case.'" Hisler v. Gallaudet Univ. , 344 F. Supp. 2d 29, 35 (D.D.C. 2004) (quoting Leyva v. Certified Grocers of California, Ltd. , 593 F.2d 857, 863 (9th Cir. 1979)). The defendant has represented that it has located approximately 4700 pages of documents and that these documents are currently being reviewed to prevent "the inadvertent disclosure of classified material[.]" Def.'s 13 Reply for Continuation of Stay of Proceedings at 3. Additionally, the defendant continues to represent that a stay "will significantly narrow any remaining issues requiring briefing, and may obviate the need altogether." Id. at 6. Finally, the defendant has pledged that, should the stay be granted, the defendant "will not delay release [of the documents] beyond whenever the materials are ready." Id. Accordingly, the Court STAYS this action until October 10, 2014, on which date the defendant shall have made a production of documents to the plaintiff. Further, on October 24, 2014, the parties shall submit a joint status report advising the Court whether the parties have resolved all disputes over the defendant's response to the plaintiff's FOIA request or whether dispositive motions are anticipated and, if so, a proposed schedule to govern the submission of dispositive motions. Signed by Judge Beryl A. Howell on August 20, 2014. (lcbah2) (Entered: 08/20/2014) |
| 2014-08-21 | | Set/Reset Deadlines: This action is stayed until 10/10/2014, on which date the defendant shall have made a production of documents to the plaintiff. Further, on 10/24/2014, the parties shall submit a joint status report advising the Court whether the parties have resolved all disputes over the defendant's response to the plaintiff's FOIA request or whether dispositive motions are anticipated and, if so, a proposed schedule to govern the submission of dispositive motions. (ad) (Entered: 08/21/2014) |
| 2014-08-21 | | Case Stayed until 10/10/2014. (ad) (Entered: 08/21/2014) |
| 2014-10-24 | 15 | STATUS REPORT Joint by DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Williams, Wayne) (Entered: 10/24/2014) |
| 2014-10-28 | | MINUTE ORDER (paperless) ISSUING the following SCHEDULING ORDER to control the timing of proceedings in this matter, pursuant to the parties' 15 Joint Status Report and Proposed Schedule: (1) by December 19, 2014, the defendant shall provide to the plaintiff a Vaughn index and submit any motion for summary judgment; (2) by January 19, 2015, the plaintiff shall file any opposition and cross-motion for summary judgment; (3) by February 9, 2015, the defendant shall file any reply and opposition; and (4) by March 2, 2015, the plaintiff shall file any reply. Signed by Judge Beryl A. Howell on October 28, 2014. (lcbah2) (Entered: 10/28/2014) |
| 2014-10-28 | | Set/Reset Deadlines: Vaughn Index due by 12/19/2014. Summary Judgment motion due by 12/19/2014; Cross-Motion and Opposition to Motion for Summary Judgment due by 1/19/2015; Opposition to Cross-Motion and Reply to Opposition to Motion for Summary Judgment due by 2/9/2015; Reply to Opposition to Cross Motion due by 3/2/2015. (tg, ) (Entered: 10/28/2014) |
| 2014-12-02 | 16 | Joint MOTION to Stay And To Modify The Briefing Schedule by DEPARTMENT OF THE ARMY (Attachments: # 1 Exhibit Declaration COL Howard, # 2 Text of Proposed Order)(Williams, Wayne). Added MOTION to Modify on 12/3/2014 (rdj). (Entered: 12/02/2014) |
| 2014-12-03 | | MINUTE ORDER (paperless) GRANTING IN PART the parties' 16 Joint Motion to Stay Proceedings and to Modify the Briefing Schedule. To the extent the parties seek a stay of proceedings, the motion is DENIED. The motion's request for an extension of the briefing schedule is GRANTED and the parties shall comply with the following schedule: The defendant shall complete its production of documents by January 30, 2015. The defendant shall, by March 30, 2015, provide to the plaintiff a Vaughn index and shall file any motion for summary judgment. The plaintiff shall file any cross-motion for summary judgment and opposition to the defendant's motion for summary judgment by April 30, 2015. The defendant shall file any reply and opposition by May 21, 2015. The plaintiff shall file any reply by June 11, 2015. Signed by Judge Beryl A. Howell on December 3, 2014. (lcbah2) (Entered: 12/03/2014) |
| 2014-12-03 | | Set/Reset Deadlines: Production of Documents due by 1/30/2015. Vaughn Index due by 3/30/2015. Summary Judgment motion due by 3/30/2015; Cross-Motion/Opposition to Summary Judgment due by 4/30/2015; Opposition to Cross-Motion/Reply to Opposition to Motion for Summary Judgment due by 5/21/2015; Reply to Opposition to Cross Motion due by 6/11/2015. (tg, ) (Entered: 12/03/2014) |
| 2015-03-27 | 17 | Consent MOTION for Extension of Time to File by DEPARTMENT OF THE ARMY (Attachments: # 1 Text of Proposed Order)(Williams, Wayne) (Entered: 03/27/2015) |
| 2015-03-27 | | MINUTE ORDER (paperless) GRANTING the defendant's 17 Consent Motion for Enlargement of Time. Accordingly, the defendant shall, by April 3, 2015, provide to the plaintiff a Vaughn index and file any motion for summary judgment. Signed by Judge Beryl A. Howell on March 27, 2015. (lcbah2) (Entered: 03/27/2015) |
| 2015-03-30 | | Set/Reset Deadlines: Defendant's Summary Judgment motion and Vaughn index due by 4/3/2015. (tg, ) (Entered: 03/30/2015) |
| 2015-04-03 | 18 | MOTION for Summary Judgment by DEPARTMENT OF THE ARMY (Attachments: # 1 Statement of Facts, # 2 Exhibit Defense Exhibit A, # 3 Exhibit Defense Exhibit B, # 4 Exhibit Defense Exhibit C, # 5 Exhibit Defense Exhibit D, # 6 Exhibit Defense Exhibit E, # 7 Exhibit Defense Exhibit F, # 8 Exhibit Defense Exhibit G, # 9 Exhibit Defense Exhibit H, # 10 Exhibit Defense Exhibit I, # 11 Exhibit Defense Exhibit J, # 12 Exhibit Defense Exhibit K, # 13 Text of Proposed Order)(Williams, Wayne) (Entered: 04/03/2015) |
| 2015-04-22 | 19 | STIPULATION of Dismissal by DEPARTMENT OF THE ARMY. (Grace, Derrick) (Entered: 04/22/2015) |
| 2015-04-23 | | MINUTE ORDER (paperless) DISMISSING this matter with prejudice in light of the parties' 19 Joint Stipulation of Settlement and Dismissal filed April 22, 2015. The Clerk is directed to close this case. Signed by Judge Beryl A. Howell on April 23, 2015. (lcbah1) (Entered: 04/23/2015) |
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