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Case TitleO'Brien v. Department of Defense et al
DistrictNorthern District of Ohio
CityCleveland
Case Number1:2020cv00816
Date Filed2020-04-15
Date Closed2020-07-23
JudgeJudge James S. Gwin
PlaintiffBrett O'Brien
Case DescriptionOn behalf of her husband, Brett O'Brien, Mrs. O'Brien submitted a FOIA request to the Department of Defense for records concerning the agency's policy on separating from a military service before the end of the enlistment was up. The agency acknowledged receipt of the request and provided a fee estimate of $20,000. When Mrs. O'Brien balked at the cost, she agreed to pay up to $200. The agency told her that her $200 limit was nearly used up. After the agency failed to respond, O'Brien filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantDepartment of Defense
DefendantDepartment of the Army
DefendantU.S. Army Training and Doctrine Command
DefendantU.S. Army Cadet Command
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

2020-04-151Complaint for declaratory and injunctive relief against All Defendants. (Unsigned) Filing fee paid $ 400, Receipt number AOHNDC-9922142. Filed by Brett O'Brien. (Attachments: # 1 Civil Cover Sheet, # 2 Summons-DoD, # 3 Summons-DoA, # 4 Summons-USAC, # 5 Summons-USAT) (O'Brien, Katherine) (Additional attachment(s) added on 4/17/2020: # 6 signed complaint) (L,MI). (Entered: 04/15/2020)
2020-04-162Supplement to Complaint, - Civil Cover Sheet, filed by All Plaintiffs. Related document(s) 1 . (O'Brien, Katherine) (Entered: 04/16/2020)
2020-04-16Judge James S. Gwin assigned to case. (L,MI) (Entered: 04/16/2020)
2020-04-16Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge William H. Baughman, Jr. (L,MI) (Entered: 04/16/2020)
2020-04-163Supplement to Complaint, - Summons, filed by All Plaintiffs. Related document(s) 1 . (Attachments: # 1 Summons DoD summons, # 2 Summons Justin Herdman Summons, # 3 Summons Attorney General, # 4 Summons USACC, # 5 Summons USATT, # 6 Complaint Signed Complaint)(O'Brien, Katherine) (Entered: 04/16/2020)
2020-04-164Original Summons and Magistrate Consent Form issued to counsel for service upon Department of Defense, U.S. Army Cadet Command, U.S. Army Training and Doctrine Command, U.S. Attorney, U.S. Attorney General. No summons issued to Department of the Army, and not issued. (Attachments: # 1 Magistrate Consent Form) (L,MI) (Entered: 04/16/2020)
2020-04-165Supplement to Summons Issued, - DoA-Summons, filed by All Plaintiffs. Related document(s) 4 . (O'Brien, Katherine) (Entered: 04/16/2020)
2020-04-176Original Summons issued to counsel for service upon Department of the Army. (L,MI) (Entered: 04/17/2020)
2020-05-287Motion for extension of time until June 11, 2020 to answer Complaint filed by Department of Defense, Department of the Army, U.S. Army Cadet Command, U.S. Army Training and Doctrine Command. (Swanson-Haan, Karen) (Entered: 05/28/2020)
2020-05-29Order [non-document] granting 7 defendants' Motion for Extension of Time to Answer until June 11, 2020. (S,KM) (Entered: 05/29/2020)
2020-06-118Answer to 1 Complaint, filed by Department of Defense, Department of the Army, U.S. Army Cadet Command, U.S. Army Training and Doctrine Command. (Swanson-Haan, Karen) (Entered: 06/11/2020)
2020-06-309Case Management Conference Scheduling Order signed by Judge James S. Gwin on 6/30/2020 setting a case management conference on 7/28/2020 at 10:00 AM to be held by video conference (Cleveland) before Judge James S. Gwin. IMPORTANT: The parties are advised to carefully read this Order. The Court requires the attendance of (1) all parties, (2) lead counsel and (3) a representative with full authority for settlement purposes. (Attachments: # 1 Appendix 1. Parties' Planning Meeting Report, # 2 Appendix 2. Local Rule 30.1)(S,KM) (Entered: 06/30/2020)
2020-07-0710Stipulation for Dismissal with Prejudice Order filed by Brett O'Brien. (O'Brien, Katherine) (Entered: 07/07/2020)
2020-07-2311Order signed by Judge James S. Gwin on 7/23/2020. The Court approves dismissal with prejudice and retains jurisdiction enforce the terms of any settlement. re 10 (S,KM) (Entered: 07/23/2020)
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by FOIA Project Staff
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