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Case TitleJUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF DEFENSE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv02276
Date Filed2018-10-01
Date Closed2019-10-21
JudgeJudge Trevor N. McFadden
PlaintiffJUDICIAL WATCH, INC.
Case DescriptionJudicial Watch submitted two FOIAs request to the Department of Defense for records concerning POW/MIAs missing in Vietnam and Laos. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, Judicial Watch filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF DEFENSE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-10-011COMPLAINT against U.S. DEPARTMENT OF DEFENSE (Fee Status: Receipt Number 0090-5714840 ) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Attorney for the District of Columbia, # 3 Summons U.S. Attorney General, # 4 Summons U.S. Department of Defense)(Lee, Eric) (Entered: 10/02/2018)
2018-10-022LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JUDICIAL WATCH, INC. (Lee, Eric) (Entered: 10/01/2018)
2018-10-03Case Assigned to Judge Trevor N. McFadden. (zmd) (Entered: 10/03/2018)
2018-10-033SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF DEFENSE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent) (zmd) (Entered: 10/03/2018)
2018-10-044STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 10/04/2018. (lctnm2) (Entered: 10/04/2018)
2018-10-175RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/17/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 11/16/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/15/2018., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF DEFENSE served on 10/15/2018 (Attachments: # 1 Declaration of Cristina Rotaru)(Lee, Eric) (Entered: 10/17/2018)
2018-10-306NOTICE of Appearance by Rhonda Lisa Campbell on behalf of U.S. DEPARTMENT OF DEFENSE (Campbell, Rhonda) (Entered: 10/30/2018)
2018-11-167ANSWER to Complaint by U.S. DEPARTMENT OF DEFENSE.(Campbell, Rhonda) (Entered: 11/16/2018)
2018-11-198Order. The parties shall file a Joint Status Report proposing a schedule for proceeding in this matter no later than December 19, 2018. See attached order for further details. Signed by Judge Trevor N. McFadden on 11/19/2018. (lctnm2) (Entered: 11/19/2018)
2018-11-20Set/Reset Deadlines: Joint Status Report due by 12/19/2018. (hmc) (Entered: 11/20/2018)
2018-12-119Joint STATUS REPORT by JUDICIAL WATCH, INC.. (Lee, Eric) (Entered: 12/11/2018)
2018-12-12MINUTE ORDER. Upon consideration of the parties' 9 Joint Status Report, it is hereby ordered that the parties shall file a further Joint Status Report on or before February 4, 2019, updating the Court on the parties' negotiations and proposing a schedule for proceeding in this matter. The schedule should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. Signed by Judge Trevor N. McFadden on 12/12/2018. (lctnm2) (Entered: 12/12/2018)
2018-12-12Set/Reset Deadlines: Joint Status Report due by 2/4/2019. (tg) (Entered: 12/12/2018)
2019-01-3010NOTICE of Restored Funding by U.S. DEPARTMENT OF DEFENSE (Campbell, Rhonda) (Entered: 01/30/2019)
2019-01-30MINUTE ORDER. Upon considering the Defendant's 10 Notice of Restored Government Funding, it is hereby ordered that on or before February 8, 2019, the parties shall meet and confer, and submit a Joint Status Report proposing how they wish to proceed. Signed by Judge Trevor N. McFadden on 01/30/2019. (lctnm2) Modified on 1/30/2019 (hmc). (Entered: 01/30/2019)
2019-01-30Set/Reset Deadlines: Joint Status Report due by 2/8/2019. (hmc) (Entered: 01/30/2019)
2019-02-0111Joint STATUS REPORT (SECOND) by JUDICIAL WATCH, INC.. (Lee, Eric) (Entered: 02/01/2019)
2019-02-04MINUTE ORDER. Upon considering the parties' 11 Joint Status Report, it is hereby ordered that on or before March 4, 2019, the parties shall file another Joint Status Report. The status report will update the Court on the parties' negotiations and propose a schedule, if necessary. The schedule should address, among other things, the status of the Plaintiff's FOIA request, the anticipated number of documents responsive to the Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by the Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. Signed by Judge Trevor N. McFadden on 02/04/2018. (lctnm2) (Entered: 02/04/2019)
2019-02-04Set/Reset Deadlines: Joint Status Report due by 3/4/2019. (hmc) (Entered: 02/04/2019)
2019-03-0412Joint STATUS REPORT (THIRD) by JUDICIAL WATCH, INC.. (Lee, Eric) (Entered: 03/04/2019)
2019-03-04MINUTE ORDER. Upon considering the parties' 12 Joint Status Report, it is hereby ordered that on or before April 5, 2019, the parties shall file a further Joint Status Report. The status report should update the Court on the Defendant's March 2019 production and propose a schedule for moving forward with this matter. The schedule should address, among other things, the status of the Plaintiff's FOIA request, the anticipated number of documents responsive to the Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by the Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. Signed by Judge Trevor N. McFadden on 03/04/2019. (lctnm2) (Entered: 03/04/2019)
2019-03-05Set/Reset Deadlines: Joint Status Report due by 4/5/2019. (hmc) (Entered: 03/05/2019)
2019-04-0413Joint STATUS REPORT (FOURTH) by JUDICIAL WATCH, INC.. (Lee, Eric) (Entered: 04/04/2019)
2019-04-08MINUTE ORDER. Upon considering the parties' 13 Joint Status Report, it is hereby ordered that the parties shall file a further Joint Status Report on or before June 5, 2019. The status report should update the Court on the Defendant's processing of the Plaintiff's FOIA request and propose how the parties would like to proceed in this matter. Signed by Judge Trevor N. McFadden on 04/08/2019. (lctnm2) (Entered: 04/08/2019)
2019-04-08Set/Reset Deadlines: Joint Status Report due by 6/5/2019. (hmc) (Entered: 04/08/2019)
2019-06-0314Joint STATUS REPORT (FIFTH) by JUDICIAL WATCH, INC.. (Lee, Eric) (Entered: 06/03/2019)
2019-06-04MINUTE ORDER. Upon considering the parties' 14 Joint Status Report, it is hereby ordered that the parties shall file a further Joint Status Report on or before August 5, 2019. The Joint Status Report should inform that Court about the status of the Defendant's processing of the Plaintiff's request and how the parties wish to proceed in this matter. Signed by Judge Trevor N. McFadden on 06/04/2019. (lctnm2) (Entered: 06/04/2019)
2019-06-04Set/Reset Deadlines: Joint Status Report due by 8/5/2019. (hmc) (Entered: 06/04/2019)
2019-08-0215Joint STATUS REPORT by JUDICIAL WATCH, INC.. (Lee, Eric) (Entered: 08/02/2019)
2019-08-03MINUTE ORDER. Upon consideration of the parties' 15 Joint Status Report, it is hereby ordered that the parties shall file a further Joint Status Report on or before September 13, 2019. The Joint Status Report should inform the Court about the Defendants' processing of the Plaintiff's FOIA request and propose how the parties would like to proceed in this matter. It is further ordered that the parties shall appear for a status conference before Judge Trevor N. McFadden in Courtroom 2 at 10 AM on September 17, 2019. Signed by Judge Trevor N. McFadden on 8/3/2019. (lctnm1) (Entered: 08/03/2019)
2019-08-05Set/Reset Deadlines/Hearings: Joint Status Report due by 9/13/2019. Status Conference set for 9/17/2019 at 10:00 AM in Courtroom 2 before Judge Trevor N. McFadden. (hmc) (Entered: 08/05/2019)
2019-09-1316Joint STATUS REPORT by JUDICIAL WATCH, INC.. (Lee, Eric) (Entered: 09/13/2019)
2019-09-1317Joint MOTION to Vacate Order,, by U.S. DEPARTMENT OF DEFENSE (Campbell, Rhonda) (Entered: 09/13/2019)
2019-09-13MINUTE ORDER. Upon consideration of the parties' 16 Joint Status Report and the 17 Joint Motion to Vacate the Status Conference, it is hereby ordered that the parties shall submit a further Joint Status Report on or before October 18, 2019. The status report should advise the Court whether the parties have resolved the outstanding issues with the Defendant's use of Exemption 1 and, if necessary, propose a briefing schedule. It is further ordered that the Status Conference set for September 17, 2019, is hereby rescheduled for October 25, 2019. Signed by Judge Trevor N. McFadden on 09/13/2019. (lctnm2) (Entered: 09/13/2019)
2019-09-16Set/Reset Deadlines: Joint Status Report due by 10/18/2019. (hmc) (Entered: 09/16/2019)
2019-09-16Set/Reset Deadlines/Hearings: Status Conference rescheduled for 10/25/2019 at 10:00 AM in Courtroom 2 before Judge Trevor N. McFadden. (hmc) (Entered: 09/16/2019)
2019-10-1818NOTICE of Voluntary Dismissal by JUDICIAL WATCH, INC. (Lee, Eric) (Entered: 10/18/2019)
2019-10-21MINUTE ORDER. Upon consideration of the parties' 18 Joint Dismissal With Prejudice, this matter is DISMISSED with prejudice per the terms of the Joint Dismissal. The Clerk of Court is directed to close the case. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/21/2019. (lctnm2) (Entered: 10/21/2019)
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