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Case TitleUNITED COMMUNITIES, LLC v. DEPARTMENT OF DEFENSE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv00394
Date Filed2021-02-12
Date Closed2024-01-25
JudgeJudge Jia M. Cobb
PlaintiffUNITED COMMUNITIES, LLC
Case DescriptionThe law firm of Pillsbury Winthrop Shaw Putnam submitted three FOIA requests in 2017 on behalf of United Communities submitted to the Department of Defense for records concerning basic allowance for housing for military bases in New Jersey and Pennsylvania. The agency acknowledged receipt of the requests but withheld records under Exemption 4 (confidential business information). Pillsbury filed administrative appeals of all three responses. In November 2020, the law firm of Smith Currie & Hancock submitted a FOIA request on behalf of United Communities to the Department of Defense for records concerning basic allowance for housing. The agency acknowledged receipt of the request but after hearing nothing further from the agency pertaining to any of its requests, United Communities filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantDEPARTMENT OF DEFENSE
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
Complaint attachment 14
Complaint attachment 15
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-02-121COMPLAINT against DEPARTMENT OF DEFENSE ( Filing fee $ 402 receipt number ADCDC-8195820) filed by UNITED COMMUNITIES, LLC. (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 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Civil Cover Sheet, # 13 Summons, # 14 Summons, # 15 Summons)(Carpenter, Sarah) (Attachment 12 replaced on 2/17/2021) (znmw). (Entered: 02/12/2021)
2021-02-122LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by UNITED COMMUNITIES, LLC (Carpenter, Sarah) (Entered: 02/12/2021)
2021-02-16Case Assigned to Judge Ketanji Brown Jackson. (adh, ) (Entered: 02/16/2021)
2021-02-163SUMMONS (3) Issued Electronically as to DEPARTMENT OF DEFENSE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 02/16/2021)
2021-03-164NOTICE of Intent to File Answer by DEPARTMENT OF DEFENSE (Field, Brian) (Entered: 03/16/2021)
2021-03-165NOTICE of Appearance by Brian J. Field on behalf of All Defendants (Field, Brian) (Entered: 03/16/2021)
2021-03-226ANSWER to Complaint by DEPARTMENT OF DEFENSE.(Field, Brian) (Entered: 03/22/2021)
2021-03-237ENTERED IN ERROR.....AFFIDAVIT OF MAILING FOR DEFENDANT DEPARTMENT OF DEFENSE by UNITED COMMUNITIES, LLC. (Carpenter, Sarah) Modified on 3/23/2021 (zjf). (Entered: 03/23/2021)
2021-03-23NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 7 Affidavit was entered in error and counsel was instructed to refile said pleading using the "SERVICE OF PROCESS" event. (zjf) (Entered: 03/23/2021)
2021-03-248RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF DEFENSE served on 2/19/2021 (Carpenter, Sarah) (Entered: 03/24/2021)
2021-05-269NOTICE OF SUBSTITUTION OF COUNSEL by Patricia K. McBride on behalf of DEPARTMENT OF DEFENSE Substituting for attorney Brian J. Field (McBride, Patricia) (Entered: 05/26/2021)
2021-06-15MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall promptly confer and file a joint proposed schedule for disclosure or briefing motions for summary judgment, on or before 6/29/2021. Signed by Judge Ketanji Brown Jackson on 6/15/2021. (jag) (Entered: 06/15/2021)
2021-06-22Judge Ketanji Brown Jackson has been elevated to serve on the U.S. Court of Appeals for the D.C. Circuit. She is therefore no longer assigned to this case, and this matter has been reassigned to the Calendar Committee, which will oversee it until it is assigned to another district judge. Any questions should be directed to Judge Jackson's former deputy clerk, Gwendolyn Franklin, at 202-354-3145 or gwen_franklin@dcd.uscourts.gov. (rj) (Entered: 06/22/2021)
2021-06-2910Joint STATUS REPORT by UNITED COMMUNITIES, LLC. (Attachments: # 1 Text of Proposed Order)(Carpenter, Sarah) (Entered: 06/29/2021)
2021-06-30MINUTE ORDER: Upon consideration of 10 the parties' joint status report, it is hereby ORDERED that the parties shall meet, confer, and file an updated joint status report on or before August 30, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 6/30/2021. (lcrc3) (Entered: 06/30/2021)
2021-06-30Set/Reset Deadlines: Meet & Confer Statement and Joint Status Report due by 8/30/2021. (zgdf) (Entered: 06/30/2021)
2021-08-3011Joint STATUS REPORT by UNITED COMMUNITIES, LLC. (Carpenter, Sarah) (Entered: 08/30/2021)
2021-08-31MINUTE ORDER: Upon consideration of 11 Joint Status Report, it is hereby ORDERED that the parties shall file a joint status report on or before September 30, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 8/31/2021. (lcrc3) (Entered: 08/31/2021)
2021-08-31Set/Reset Deadlines: Joint Status Report due by 9/30/2021. (zgdf) (Entered: 08/31/2021)
2021-09-3012Joint STATUS REPORT by DEPARTMENT OF DEFENSE. (McBride, Patricia) (Entered: 09/30/2021)
2021-10-01MINUTE ORDER: Upon consideration of 12 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file a joint status report on or before November 30, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 10/1/2021. (lcrc3) (Entered: 10/01/2021)
2021-10-01Set/Reset Deadlines: Joint Status Report due by 11/30/2021. (adh, ) (Entered: 10/01/2021)
2021-11-15Case directly reassigned to Judge Jia M. Cobb. Judge Ketanji Brown Jackson has been appointed to the D.C. Circuit and is no longer assigned to the case. (rj) (Entered: 11/15/2021)
2021-11-3013Joint STATUS REPORT by DEPARTMENT OF DEFENSE. (McBride, Patricia) (Entered: 11/30/2021)
2021-11-30MINUTE ORDER re 13 Status Report filed by DEPARTMENT OF DEFENSE : The Court has reviewed the Joint Status Report and directs the Parties to file another joint status report on or before February 9, 2022. Signed by Judge Jia M. Cobb on November 30, 2021. (lcjmc1) (Entered: 11/30/2021)
2022-02-0314Joint STATUS REPORT by DEPARTMENT OF DEFENSE. (McBride, Patricia) (Entered: 02/03/2022)
2022-02-04MINUTE ORDER re 14 JOINT STATUS REPORT: The Court has reviewed the Joint Status Report and directs the Parties to file another joint status report by April 6, 2022. Signed by Judge Jia M. Cobb on February 4, 2022. (lcjmc1) (Entered: 02/04/2022)
2022-04-0615Joint STATUS REPORT by DEPARTMENT OF DEFENSE. (McBride, Patricia) (Entered: 04/06/2022)
2022-04-06MINUTE ORDER re 15 Joint Status Report: The Court has reviewed the joint status report and directs the Parties to file another joint status report by May 24, 2022. Signed by Judge Jia M. Cobb on April 6, 2022. (lcjmc1) (Entered: 04/06/2022)
2022-05-2416MOTION for Leave to File Joint Status Report> by DEPARTMENT OF DEFENSE. (McBride, Patricia) Modified on 5/24/2022 to correct docket event/text (zjf). (Entered: 05/24/2022)
2022-05-25MINUTE ORDER granting 16 Motion for Leave to File Joint Status Report: The Court directs the Parties to file a joint status report by July 25, 2022, that apprises whether the Parties are able to resolve this matter or that proposes a briefing schedule. Signed by Judge Jia M. Cobb on May 25, 2022. (lcjmc1) (Entered: 05/25/2022)
2022-07-1417Joint STATUS REPORT by DEPARTMENT OF DEFENSE. (McBride, Patricia) (Entered: 07/14/2022)
2022-07-18MINUTE ORDER: The Court has reviewed the 17 Joint Status Report and directs the Parties to file another joint status report by October 17, 2022. It is further ORDERED that the Parties shall file joint status reports every 90 days thereafter until further order of the Court. Signed by Judge Jia M. Cobb on July 18, 2022.(lcjmc1) (Entered: 07/18/2022)
2022-10-1318Joint STATUS REPORT by DEPARTMENT OF DEFENSE. (McBride, Patricia) (Entered: 10/13/2022)
2023-01-1719Joint STATUS REPORT by DEPARTMENT OF DEFENSE. (McBride, Patricia) (Entered: 01/17/2023)
2023-04-1920Joint STATUS REPORT by DEPARTMENT OF DEFENSE. (McBride, Patricia) (Entered: 04/19/2023)
2023-06-2821Joint STATUS REPORT by DEPARTMENT OF DEFENSE. (McBride, Patricia) (Entered: 06/28/2023)
2023-06-30MINUTE ORDER: The Court has reviewed 21 Joint Status Report. The Court hereby ORDERS that Defendant will file its Motion for Summary Judgment by August 1, 2023; Plaintiff will file its Opposition and Cross-Motion for Summary Judgment by September 1, 2023; Defendant will file its Reply in support of its Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment by October 1, 2023; and Plaintiff will file its Reply in support of its Cross-Motion for Summary Judgment by November 1, 2023. Signed by Judge Jia M. Cobb on June 30, 2023. (lcjmc2) (Entered: 06/30/2023)
2023-07-3122Unopposed MOTION for Leave to File by DEPARTMENT OF DEFENSE. (McBride, Patricia) (Entered: 07/31/2023)
2023-08-01MINUTE ORDER granting 22 Defendant's Unopposed Motion for Leave Extend Time:Upon consideration of the Motion and for good cause shown, it is hereby ORDERED that the Motion is GRANTED. Defendant will file its Motion for Summary Judgment by September 1, 2023; Plaintiff will file its Opposition and Cross-Motion for Summary Judgment by October 1, 2023; Defendant will file its Reply in support of its Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment by November 1, 2023; and Plaintiff will file its Reply in support of its Cross-Motion for Summary Judgment by December 1, 2023. Signed by Judge Jia M. Cobb on August 1, 2023. (lcjmc2) (Entered: 08/01/2023)
2023-08-2223Unopposed MOTION for Extension of Time to File by DEPARTMENT OF DEFENSE. (McBride, Patricia) (Entered: 08/22/2023)
2023-08-24MINUTE ORDER re 23 Unopposed Motion for an Extension: Having considered the motion and for good cause shown, the Court GRANTS the motion. Having reviewed the Parties' proposed updated briefing schedule, it is further ORDERED that Defendant will file its Motion for Summary Judgment by September 8, 2023. Plaintiff will file its Response and Cross Motion by October 10, 2023. Defendant will file its Reply in Support of its Motion for Summary Judgment and Response to Plaintiff's Cross Motion by November 9, 2023. Plaintiff will file its Reply in support of its Cross Motion by December 11, 2023. Signed by Judge Jia M. Cobb on August 24, 2023. (lcjmc2) (Entered: 08/24/2023)
2023-09-0624MOTION for Extension of Time to File by DEPARTMENT OF DEFENSE. (McBride, Patricia) (Entered: 09/06/2023)
2023-09-08MINUTE ORDER re 24 Motion for Extension: Having considered the motion, and for good cause shown, the Court GRANTS the motion. The Court acknowledges that it has not received Plaintiff's position but nonetheless finds that there is good cause to grant the motion and that the brief extension will not prejudice any party or unduly delay the resolution of this case. It is further ORDERED that Defendant will file its motion for summary judgment by September 18, 2023. Plaintiff will file its opposition and cross motion by October 18, 2023. Defendant will file its reply and opposition by November 15, 2023. Plaintiff will file its reply by December 15, 2023. Signed by Judge Jia M. Cobb on September 8, 2023. (lcjmc2) (Entered: 09/08/2023)
2023-09-1225Joint MOTION to Stay BRIEFING SCHEDULE by DEPARTMENT OF DEFENSE. (McBride, Patricia) (Entered: 09/12/2023)
2023-09-14MINUTE ORDER re 25 Joint Motion for Stay: Upon consideration of the motion for a thirty day stay in the briefing schedule, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the Parties will file a joint status report by October 12, 2023. Signed by Judge Jia M. Cobb on September 14, 2023. (lcjmc2) (Entered: 09/14/2023)
2023-10-1926MOTION for Leave to File Status Report by DEPARTMENT OF DEFENSE. (McBride, Patricia) Modified event title on 10/23/2023 (znmw). Added MOTION to Stay on 10/23/2023 (znmw). (Entered: 10/19/2023)
2023-10-20MINUTE ORDER re 26 Joint Status Report: The Parties have represented that they have settled this matter. They now move for a continued stay of the briefing schedule and propose to file a stipulation of dismissal or a status report at a later date. Having considered the request, the Court hereby GRANTS the Parties' motion for a continued stay. It is further ORDERED that the Parties will file either a stipulation of dismissal or a status report by December 12, 2023. Signed by Judge Jia M. Cobb on October 20, 2023. (lcjmc2) (Entered: 10/20/2023)
2023-12-0627Joint STATUS REPORT by DEPARTMENT OF DEFENSE. (McBride, Patricia) (Entered: 12/06/2023)
2023-12-06MINUTE ORDER: In light of the Parties' representation in their 27 Joint Status Report that records still need to be processed, the Court hereby ORDERS that the Parties file either a stipulation of dismissal or a status report by February 13, 2024. Signed by Judge Jia M. Cobb on December 6, 2023. (lcjmc2) (Entered: 12/06/2023)
2024-01-2528STIPULATION of Dismissal by UNITED COMMUNITIES, LLC. (Carpenter, Sarah) (Entered: 01/25/2024)
2024-01-29NOTICE of Provisional/Government Not Certified Status re 28 STIPULATION of Dismissal by UNITED COMMUNITIES, LLC. (Carpenter, Sarah). Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 2/5/2024. (zmrl) (Entered: 01/29/2024)
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