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Case TitleRHOADS et al v. U.S. DEPARTMENT OF DEFENSE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv03643
Date Filed2020-12-14
Date Closed2023-04-20
JudgeJudge Tanya S. Chutkan
PlaintiffMARIAN A. RHOADS
TERMINATED: 01/04/2022
PlaintiffJUDICIAL WATCH, INC.
PlaintiffSTEPHEN J. RHOADS in his capacity as personal representative of Ms. Rhoads' estate
Case DescriptionMarian Rhoads and Judicial Watch submitted a FOIA request to the Department of the Army for records concerning communications between Michael Buck and six other Army employees pertaining to Rhoads' request for a reasonable accommodation. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Rhoads and 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

2020-12-141COMPLAINT against U.S. DEPARTMENT OF DEFENSE ( Filing fee $ 402 receipt number ADCDC-7953362) filed by MARIAN A. RHOADS, JUDICIAL WATCH, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for US Attorney for DC, # 3 Summons for US Attorney General, # 4 Summons for U.S. Department of Defense)(Orfanedes, Paul) (Entered: 12/14/2020)
2020-12-142LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JUDICIAL WATCH, INC. (Orfanedes, Paul) (Entered: 12/14/2020)
2020-12-14Case Assigned to Judge Tanya S. Chutkan. (zmd) (Entered: 12/14/2020)
2020-12-143SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF DEFENSE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 12/14/2020)
2020-12-304RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/29/2020. Answer due for ALL FEDERAL DEFENDANTS by 1/28/2021. (Attachments: # 1 Declaration of David Rothstein)(Orfanedes, Paul) (Entered: 12/30/2020)
2020-12-305RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/29/20. (Attachments: # 1 Declaration of David Rothstein)(Orfanedes, Paul) (Entered: 12/30/2020)
2020-12-306RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF DEFENSE served on 12/29/2020 (Attachments: # 1 Declaration of David Rothstein)(Orfanedes, Paul) (Entered: 12/30/2020)
2021-01-287NOTICE of Appearance by Sean Patrick Mahard on behalf of U.S. DEPARTMENT OF DEFENSE (Mahard, Sean) (Entered: 01/28/2021)
2021-01-288ANSWER to Complaint by U.S. DEPARTMENT OF DEFENSE.(Mahard, Sean) (Entered: 01/28/2021)
2021-01-28MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiffs' FOIA request, the anticipated number of documents responsive to Plaintiffs' 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, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues no later than 3/11/2021. The joint status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 1/28/21. (DJS) (Entered: 01/28/2021)
2021-01-28Set/Reset Deadlines: Joint Status Report due by 3/11/2021. (tb) (Entered: 01/28/2021)
2021-03-119Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE. (Mahard, Sean) (Entered: 03/11/2021)
2021-04-1210Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE. (Mahard, Sean) (Entered: 04/12/2021)
2021-06-1111NOTICE OF SUBSTITUTION OF COUNSEL by Jessica B. Colsia on behalf of U.S. DEPARTMENT OF DEFENSE Substituting for attorney Sean Mahard (Colsia, Jessica) (Entered: 06/11/2021)
2021-06-3012Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE. (Colsia, Jessica) (Entered: 06/30/2021)
2021-07-21MINUTE ORDER: Having considered the parties' joint status report 12 , it is hereby ordered that the parties shall file another joint report by 8/30/21 and every 60 days thereafter. To the extent the parties propose a change to the status quo, the report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 7/21/21. (DJS) (Entered: 07/21/2021)
2021-07-22Set/Reset Deadlines: Joint Report due by 8/30/2021. (tb) (Entered: 07/22/2021)
2021-08-3013ENTERED IN ERROR. . . . .Joint STATUS REPORT by JUDICIAL WATCH, INC., MARIAN A. RHOADS. (Orfanedes, Paul) Modified on 9/1/2021 (ztd). (Entered: 08/30/2021)
2021-08-3014Joint STATUS REPORT [Corrected] by JUDICIAL WATCH, INC., MARIAN A. RHOADS. (Orfanedes, Paul) (Entered: 08/30/2021)
2021-08-30NOTICE OF CORRECTED DOCKET ENTRY: re 13 Status Report was entered in error and counsel refiled said pleading at docket entry no. 14 . (ztd) (Entered: 09/01/2021)
2021-10-2915Joint STATUS REPORT by JUDICIAL WATCH, INC., MARIAN A. RHOADS. (Orfanedes, Paul) (Entered: 10/29/2021)
2022-01-0316Joint STATUS REPORT by JUDICIAL WATCH, INC., MARIAN A. RHOADS. (Orfanedes, Paul) (Entered: 01/03/2022)
2022-01-0417MOTION to Substitute Party by JUDICIAL WATCH, INC., MARIAN A. RHOADS. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Orfanedes, Paul) (Entered: 01/04/2022)
2022-01-04MINUTE ORDER: Granting 17 Motion to Substitute Party. MARIAN A. RHOADS terminated. Stephen J. Rhoads is substituted for Plaintiff Marion A. Rhoads in his capacity as personal representative of Ms. Rhoads' estate. Signed by Judge Tanya S. Chutkan on 1/4/21. (DJS) (Entered: 01/04/2022)
2022-02-0218Joint STATUS REPORT by STEPHEN J. RHOADS. (Orfanedes, Paul) (Entered: 02/02/2022)
2022-03-0319NOTICE of Appearance by John Haberland on behalf of U.S. DEPARTMENT OF DEFENSE (Haberland, John) (Entered: 03/03/2022)
2022-03-0320Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 03/03/2022)
2022-04-0721Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 04/07/2022)
2022-06-0722Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 06/07/2022)
2022-08-0823Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 08/08/2022)
2022-09-3024NOTICE of Appearance by Meredith Leigh Di Liberto on behalf of All Plaintiffs (Di Liberto, Meredith) (Entered: 09/30/2022)
2022-10-0625Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 10/06/2022)
2022-11-3026Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 11/30/2022)
2022-11-3027NOTICE of Appearance by John Haberland on behalf of U.S. DEPARTMENT OF DEFENSE (Haberland, John) (Entered: 11/30/2022)
2023-02-0128Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 02/01/2023)
2023-03-2929Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 03/29/2023)
2023-04-0430STIPULATION of Dismissal by JUDICIAL WATCH, INC., MARIAN A. RHOADS, STEPHEN J. RHOADS. (Orfanedes, Paul) (Entered: 04/04/2023)
2023-04-18MINUTE ORDER: In consideration of Plaintiff's 30 Stipulation of Dismissal, this case is hereby dismissed without prejudice pursuant to Federal Rule of Civil Procedure Rule 41(a)(1)(A)(ii). Signed by Judge Tanya S. Chutkan on 4/18/23. (lcsr) (Entered: 04/18/2023)
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