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Case TitleBunecke v. United States Air Force Academy et al
DistrictDistrict of Colorado
CityDenver
Case Number1:2019cv03329
Date Filed2019-11-25
Date Closed2022-04-05
JudgeJudge Lewis T. Babcock
PlaintiffJoseph L. Bunecke Lt. Col., United States Air Force, Retired
Case DescriptionJoseph Buneke, a retired Air Force veteran who had taught at the U.S. Air Force Academy, submitted two FOIA requests to the Air Force Academy for records concerning sexual assault guidelines and policies. The agency acknowledged receipt of his requests. The agency disclosed 1,307 pages but withheld records under Exemption 5 (privileges) and Exemption 6 (invasion of privacy). Buneke filed an administrative appeal of the decision. The agency acknowledged receipt of his appeal but after hearing nothing further from the agency, Buneke filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantUnited States Air Force Academy
DefendantUnited States Department of the Air Force
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

2019-11-251COMPLAINT against United States Air Force Academy, United States Department of the Air Force (Filing fee $ 400,Receipt Number 1082-7013909)Attorney Shaun Christopher Kennedy added to party Joseph L. Bunecke(pty:pla), filed by Joseph L. Bunecke. (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 Civil Cover Sheet, # 10 Summons U.S. Air Force Academy, # 11 Summons U.S. Attorney General, # 12 Summons U.S. Attorney's Office - Denver, # 13 Summons U.S. Department of the Air Force)(Kennedy, Shaun) (Entered: 11/25/2019)
2019-11-252Case assigned to Magistrate Judge Kathleen M. Tafoya. Text Only Entry. (trvo, ) (Entered: 11/26/2019)
2019-11-263SUMMONS issued by Clerk. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Magistrate Judge Consent Form) (trvo, ) (Entered: 11/26/2019)
2019-12-024ORDER Setting Scheduling Conference for 1/22/2020 10:15 AM in Courtroom 101 (Colorado Springs) before Magistrate Judge Kathleen M. Tafoya. Consent Form due by 1/15/2020. By Magistrate Judge Kathleen M. Tafoya on 12/2/2019. (ksena) (Entered: 12/02/2019)
2019-12-095SUMMONS Returned Executed by Joseph L. Bunecke. United States Air Force Academy served on 12/4/2019, answer due 12/26/2019; United States Department of the Air Force served on 12/9/2019, answer due 12/30/2019. (Kennedy, Shaun) (Entered: 12/09/2019)
2019-12-236NOTICE of Entry of Appearance by Kyle W. Brenton on behalf of All Defendants Attorney Kyle W. Brenton added to party United States Air Force Academy(pty:dft), Attorney Kyle W. Brenton added to party United States Department of the Air Force(pty:dft) (Brenton, Kyle) (Entered: 12/23/2019)
2019-12-237STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendants United States Department of the Air Force, United States Air Force Academy. All Defendants. (Brenton, Kyle) (Entered: 12/23/2019)
2019-12-238CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Joseph L. Bunecke All parties do not consent.. (Kennedy, Shaun) (Entered: 12/23/2019)
2019-12-309CASE REASSIGNED pursuant to 8 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Lewis T. Babcock. All future pleadings should be designated as 19-cv-03329-LTB. (Text Only Entry) (nmarb, ) (Entered: 12/30/2019)
2019-12-3110MINUTE ORDER: The Scheduling Conference set for January 22, 2020 is VACATED. By Magistrate Judge Kathleen M. Tafoya on 12/31/19. Text Only Entry (kmtlc1 ) (Entered: 12/31/2019)
2019-12-3111MINUTE ORDER granting 7 Stipulation of Extension of Time to Respond to Complaint, up to and including 1/23/2020, by Judge Lewis T. Babcock on 12/31/2019. (ebuch) (Entered: 12/31/2019)
2020-01-0712MINUTE ORDER: Status/Scheduling Hearing set for 1/29/2020 09:00 AM in Courtroom C401 before Judge Lewis T. Babcock, by Judge Lewis T. Babcock on 1/7/2020. (ebuch) (Entered: 01/07/2020)
2020-01-1713Joint MOTION to Stay Proceedings and Vacate Status Conference by Plaintiff Joseph L. Bunecke. (Attachments: # 1 Proposed Order (PDF Only))(Kennedy, Shaun) (Entered: 01/17/2020)
2020-01-2114MINUTE ORDER granting 13 Joint Motion to Stay Proceedings and Vacate Status Conference. Status Conference set 1/29/2020 is vacated. This matter is stayed up to and including 5/1/2020. All deadlines are stayed. Joint Status Reports due every 60 days, by Judge Lewis T. Babcock on 1/21/2020. (ebuch) (Entered: 01/21/2020)
2020-03-2315Joint STATUS REPORT by Defendants United States Air Force Academy, United States Department of the Air Force. (Brenton, Kyle) (Entered: 03/23/2020)
2020-03-2416MINUTE ORDER: The previous order staying this proceeding is continued until further order of Court. Parties shall file their Joint Status Reports every 60 days, by Judge Lewis T. Babcock on 3/24/2020. (ebuch) (Entered: 03/24/2020)
2020-05-2617Joint STATUS REPORT by Defendants United States Air Force Academy, United States Department of the Air Force. (Brenton, Kyle) (Entered: 05/26/2020)
2020-07-2718Joint STATUS REPORT by Defendants United States Air Force Academy, United States Department of the Air Force. (Brenton, Kyle) (Entered: 07/27/2020)
2020-09-2519Joint STATUS REPORT by Plaintiff Joseph L. Bunecke. (Kennedy, Shaun) (Entered: 09/25/2020)
2020-10-0120NOTICE of Entry of Appearance Entry of Appearance by Thomas Andrew Morales, Jr on behalf of All Plaintiffs Attorney Thomas Andrew Morales, Jr added to party Joseph L. Bunecke(pty:pla) (Morales, Thomas) (Entered: 10/01/2020)
2020-11-2421Joint MOTION to Lift Stay by Plaintiff Joseph L. Bunecke. (Attachments: # 1 Proposed Order (PDF Only) [Proposed] Order Granting Joint Motion to Lift Stay)(Morales, Thomas) (Entered: 11/24/2020)
2020-11-2522MINUTE ORDER. Upon the parties Joint Motion to Lift Stay (Doc 21 - filed November 24, 2020), it is ORDERED that the stay previous entered in this matter is LIFTED. This matter is referred to Magistrate Judge Kathleen M. Tafoya for further scheduling pursuant to the Order of Reference entered by separate order of this Court, by Judge Lewis T. Babcock on 11/25/2020.(angar, ) (Entered: 11/25/2020)
2020-11-2523ORDER to United States Magistrate Judge Kathleen M. Tafoya, by Judge Lewis T. Babcock on 11/25/2020. All future pleadings should be designated as 19-cv-03329-LTB-KMT (angar, ) Modified on 11/25/2020 to correct case number (agarc, ). (Entered: 11/25/2020)
2020-11-2724ORDER Setting Initial Case Deadlines by Magistrate Judge Kathleen M. Tafoya on 11/27/2020. Proposed Scheduling Order due 12/21/2020 (evaug ) (Entered: 11/27/2020)
2020-12-1125ANSWER to 1 Complaint,, by United States Air Force Academy, United States Department of the Air Force.(Brenton, Kyle) (Entered: 12/11/2020)
2020-12-2126Proposed Scheduling Order by Plaintiff Joseph L. Bunecke. (Kennedy, Shaun) (Entered: 12/21/2020)
2020-12-2127SCHEDULING ORDER by Magistrate Judge Kathleen M. Tafoya on 12/21/2020. Dispositive Motions due by 1/22/2021. (jgonz, ) (Entered: 12/21/2020)
2021-01-2128Unopposed MOTION for Extension of Time to File Dispositive Motions by Defendants United States Air Force Academy, United States Department of the Air Force. (Brenton, Kyle) (Entered: 01/21/2021)
2021-01-2229MEMORANDUM regarding 28 Unopposed MOTION for Extension of Time to File Dispositive Motions filed by United States Department of the Air Force, United States Air Force Academy. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge Lewis T. Babcock on 1/22/2021. Text Only Entry (ebuch) (Entered: 01/22/2021)
2021-01-2230MINUTE ORDER granting 28 Motion for Extension of Time to File Dispositive Motions. The deadline for the parties to file dispositive motions is extended to 2/5/2021. By Magistrate Judge Kathleen M. Tafoya on 1/22/21. Text Only Entry(kmtlc1 ) (Entered: 01/22/2021)
2021-02-0531MOTION for Summary Judgment by Defendants United States Air Force Academy, United States Department of the Air Force. (Attachments: # 1 Springs Dec, # 2 Vaughn Index, # 3 Dorgan Dec, # 4 Ex A FOIA Request, # 5 Ex B USAFA Referral, # 6 Ex C Undeliv Email, # 7 Ex D Final Response)(Brenton, Kyle) (Entered: 02/05/2021)
2021-02-1232MOTION for Extension of Time to File Response/Reply as to 31 MOTION for Summary Judgment by Plaintiff Joseph L. Bunecke. (Kennedy, Shaun) (Entered: 02/12/2021)
2021-02-1633MEMORANDUM regarding 32 MOTION for Extension of Time to File Response/Reply as to 31 MOTION for Summary Judgment filed by Joseph L. Bunecke. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge Lewis T. Babcock on 2/16/2021. Text Only Entry (ebuch) (Entered: 02/16/2021)
2021-02-1734MINUTE ORDER granting 32 Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendants' Motion for Summary Judgment, up to and including 3/5/2021, by Judge Lewis T. Babcock on 2/17/2021. (ebuch) (Entered: 02/17/2021)
2021-03-0535BRIEF in Opposition to 31 MOTION for Summary Judgment filed by Plaintiff Joseph L. Bunecke. (Attachments: # 1 Affidavit Declaration of Lt. Col. (Ret.) Joseph L. Bunecke)(Kennedy, Shaun) (Entered: 03/05/2021)
2021-03-1936REPLY to Response to 31 MOTION for Summary Judgment filed by Defendants United States Air Force Academy, United States Department of the Air Force. (Brenton, Kyle) (Entered: 03/19/2021)
2021-07-1437ORDER granting in part and denying in part 31 Defendants' Motion for Summary Judgment, by Judge Lewis T. Babcock on 7/14/2021. (ebuch) (Entered: 07/14/2021)
2021-09-1338STATUS REPORT Regarding Compliance with the Court's Summary Judgment Order by Defendants United States Air Force Academy, United States Department of the Air Force. (Brenton, Kyle) (Entered: 09/13/2021)
2021-09-1439MINUTE ORDER re: 38 Status Report Regarding Compliance with the Court's Summary Judgment Order filed by Defendants United States Department of the Air Force, United States Air Force Academy. The Defendants' Request that a further status report be filed is GRANTED. A further status report is due on or before October 13, 2021. By Judge Lewis T. Babcock on 9/14/2021. (trvo, ) (Entered: 09/14/2021)
2021-10-1340Second STATUS REPORT Regarding Compliance with the Court's Summary Judgment Order by Defendants United States Air Force Academy, United States Department of the Air Force. (Brenton, Kyle) (Entered: 10/13/2021)
2021-10-1441MINUTE ORDER re 40 Second Status Report Regarding Compliance with the Court's Summary Judgment Order filed by Defendants United States Air Force Academy and the United States Department of the Air Force. Defendants' Request that a further status report be filed is GRANTED. A further status report is due on or before November 12, 2021. By Judge Lewis T. Babcock on 10/14/2021. (trvo, ) (Entered: 10/14/2021)
2021-11-1242Third STATUS REPORT Regarding Compliance with the Court's Summary Judgment Order by Defendants United States Air Force Academy, United States Department of the Air Force. (Brenton, Kyle) (Entered: 11/12/2021)
2021-11-1543MINUTE ORDER re: 42 Third Status Report Regarding Compliance with the Court's Summary Judgment Order. Further Status Report due by 12/13/2021, by Judge Lewis T. Babcock on 11/15/2021. (ebuch) (Entered: 11/15/2021)
2021-12-1344Fourth STATUS REPORT Regarding Compliance with the Court's Summary Judgment Order by Defendants United States Air Force Academy, United States Department of the Air Force. (Brenton, Kyle) (Entered: 12/13/2021)
2021-12-1445MINUTE ORDER re: 44 Fourth Status Report Regarding Compliance with the Court's Summary Judgment Order. Granting Defendants' request that a further status report be filed. Further Status Report due by 1/12/2022, by Judge Lewis T. Babcock on 12/14/2021. (ebuch) (Entered: 12/14/2021)
2022-01-1246Fifth STATUS REPORT by Defendants United States Air Force Academy, United States Department of the Air Force. (Brenton, Kyle) (Entered: 01/12/2022)
2022-01-1847MINUTE ORDER This matter is before the Court on the Fifth Status Report Regarding Compliance with the Court's Summary Judgment Order (Doc 46 - filed January 12, 2022) and the Defendants' Request that a further status report be filed is GRANTED . A further status report is due on or before March 14, 2022. by Judge Lewis T. Babcock on 1/18/2022. (evana, ) (Entered: 01/18/2022)
2022-02-0148REASSIGNING MAGISTRATE JUDGE: Due to Magistrate Judge Tafoya's retirement, this case is reassigned to Magistrate Judge N. Reid Neureiter as the referral judge. All future pleadings should reference Magistrate Judge Neureiter at the end of the civil action number (such as 19-cv-03329-LTB-NRN). Unless otherwise ordered, the dates and times for all scheduled matters will be maintained. (Text only entry). (csarr, ) (Entered: 02/01/2022)
2022-03-1449Joint STATUS REPORT Regarding Settlement by Defendants United States Air Force Academy, United States Department of the Air Force. (Brenton, Kyle) (Entered: 03/14/2022)
2022-03-1550MINUTE ORDER re: 49 Joint Status Report Regarding Settlement. Granting the parties' request to file a further Status Report up to and including 5/13/2022 if the matter has not been dismissed before that date, by Judge Lewis T. Babcock on 3/15/2022. (ebuch) (Entered: 03/15/2022)
2022-04-0451STIPULATION of Dismissal of Case with Prejudice by Plaintiff Joseph L. Bunecke. (Kennedy, Shaun) (Entered: 04/04/2022)
2022-04-0552ORDER: Pursuant to the Stipulation of Dismissal With Prejudice 51 , this matter shall be dismissed with prejudice, each party to pay their own fees and costs, by Judge Lewis T. Babcock on 4/5/2022. (ebuch) (Entered: 04/05/2022)
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