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Case TitleCATO INSTITUTE v. U.S. DEPARTMENT OF DEFENSE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv01223
Date Filed2021-05-05
Date Closed2023-05-03
JudgeChief Judge James E. Boasberg
PlaintiffCATO INSTITUTE
Case DescriptionThe Cato Institute submitted FOIA requests to the Department of Defense, the Department of the Air Force, and the Department of the Navy for records concerning person or organizations not affiliate with the Department of Defense. The Cato Institute also requested a fee waiver and expedited processing. The agencies acknowledged receipt of the requests. The agencies responded with either a no records response or an explanation that the request was too broad to be searched. The Cato Institute filed administrative appeals of the denials but after hearing nothing further from any of the agencies, the Cato Institute filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF DEFENSE
DefendantU.S. DEPARTMENT OF THE AIR FORCE
DefendantU.S. DEPARTMENT OF THE NAVY
DefendantU.S. MARINE CORPS
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [40]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-05-051COMPLAINT against U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE AIR FORCE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS ( Filing fee $ 402 receipt number ADCDC-8426950) filed by CATO INSTITUTE. (Attachments: # 1 Exhibit 1-8, # 2 Exhibit 9-16, # 3 Civil Cover Sheet, # 4 Summons)(Burday, Joshua) (Entered: 05/05/2021)
2021-05-052NOTICE of Appearance by Joshua Hart Burday on behalf of CATO INSTITUTE (Burday, Joshua) (Entered: 05/05/2021)
2021-05-053NOTICE of Appearance by Matthew Topic on behalf of CATO INSTITUTE (Topic, Matthew) (Entered: 05/05/2021)
2021-05-05Case Assigned to Judge James E. Boasberg. (adh, ) (Entered: 05/05/2021)
2021-05-054SUMMONS (6) Issued Electronically as to U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE AIR FORCE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 05/05/2021)
2021-06-235RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF THE AIR FORCE served on 5/18/2021 (Burday, Joshua) (Entered: 06/23/2021)
2021-06-236RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF DEFENSE served on 5/18/2021 (Burday, Joshua) (Entered: 06/23/2021)
2021-06-237RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF THE NAVY served on 5/18/2021 (Burday, Joshua) (Entered: 06/23/2021)
2021-06-238RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. MARINE CORPS served on 5/19/2021 (Burday, Joshua) (Entered: 06/23/2021)
2021-06-239RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/4/2021. Answer due for ALL FEDERAL DEFENDANTS by 7/4/2021. (Burday, Joshua) (Entered: 06/23/2021)
2021-06-2310RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/18/2021. (Burday, Joshua) (Entered: 06/23/2021)
2021-06-2311RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on 5/18/2021. (Burday, Joshua); Modified text on 6/24/2021 (ztth). (Entered: 06/23/2021)
2021-06-2312RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/18/2021. (Burday, Joshua) (Entered: 06/23/2021)
2021-06-2313RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/4/2021. Answer due for ALL FEDERAL DEFENDANTS by 7/4/2021. (Burday, Joshua) (Entered: 06/23/2021)
2021-06-2314RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on 5/19/2021. (Burday, Joshua); Modified text on 6/24/2021 (ztth). (Entered: 06/23/2021)
2021-07-0615NOTICE of Appearance by Diana Viggiano Valdivia on behalf of All Defendants (Valdivia, Diana) (Entered: 07/06/2021)
2021-07-0616Consent MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE AIR FORCE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS. (Attachments: # 1 Text of Proposed Order)(Valdivia, Diana) (Entered: 07/06/2021)
2021-07-07MINUTE ORDER GRANTING Consent 16 Motion for Extension of Time. The Court ORDERS that Defendants shall file their Answer or otherwise respond to Plaintiff's Complaint by July 20, 2021. So ORDERED by Judge James E. Boasberg on 7/7/2021. (lcjeb3) (Entered: 07/07/2021)
2021-07-07Set/Reset Deadlines: Answer due by 7/20/2021. (znbn) (Entered: 07/07/2021)
2021-07-2017ANSWER to Complaint by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE AIR FORCE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS.(Valdivia, Diana) (Entered: 07/20/2021)
2021-07-21MINUTE ORDER: The Court ORDERS that the parties shall confer and submit a joint proposed briefing schedule by August 4, 2021. So ORDERED by Judge James E. Boasberg on 7/21/2021. (lcjeb3) (Entered: 07/21/2021)
2021-07-21Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 8/4/2021. (znbn) (Entered: 07/21/2021)
2021-08-0418PROPOSED BRIEFING SCHEDULE by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE AIR FORCE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS. (Valdivia, Diana) Modified event title on 8/6/2021 (znmw). (Entered: 08/04/2021)
2021-08-05MINUTE ORDER: The Court ADOPTS the parties' 18 Joint Status Report and ORDERS that they shall file a further joint status report by October 4, 2021. So ORDERED by Judge James E. Boasberg on 8/5/2021. (lcjeb3) (Entered: 08/05/2021)
2021-08-05Set/Reset Deadlines: Status Report due by 10/4/2021. (nbn) (Entered: 08/06/2021)
2021-10-0419Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE AIR FORCE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS. (Valdivia, Diana) (Entered: 10/04/2021)
2021-10-04MINUTE ORDER: The Court ADOPTS the parties' 19 Joint Status Report and ORDERS that they shall file a further joint status report by December 3, 2021. So ORDERED by Judge James E. Boasberg on 10/4/2021. (lcjeb3) (Entered: 10/04/2021)
2021-10-04Set/Reset Deadlines: Joint Status Report due by 12/3/2021. (znbn) (Entered: 10/04/2021)
2021-12-0320Joint STATUS REPORT by CATO INSTITUTE. (Topic, Matthew) (Entered: 12/03/2021)
2021-12-03MINUTE ORDER: The Court ADOPTS the parties' 20 Joint Status Report and ORDERS that they shall file a further joint status report by February 2, 2022. So ORDERED by Judge James E. Boasberg on 12/3/2021. (lcjeb3) (Entered: 12/03/2021)
2021-12-03Set/Reset Deadlines: Joint Status Report due by 2/2/2022 (lsj) (Entered: 12/03/2021)
2022-01-2121MOTION to Withdraw as Attorney by CATO INSTITUTE. (Attachments: # 1 Text of Proposed Order)(Topic, Matthew) (Entered: 01/21/2022)
2022-01-21MINUTE ORDER GRANTING 21 Motion to Withdraw as Attorney. The appearance of Attorney Joshua Hart Burday is terminated. So ORDERED by Judge James E. Boasberg on 1/21/2022. (lcjeb3) (Entered: 01/21/2022)
2022-02-0222Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE AIR FORCE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS. (Valdivia, Diana) (Entered: 02/02/2022)
2022-02-03MINUTE ORDER: The Court ADOPTS the parties' 22 Joint Status Report and ORDERS that they shall file a further joint status report by April 4, 2022. So ORDERED by Judge James E. Boasberg on 2/3/2022. (lcjeb3) (Entered: 02/03/2022)
2022-02-03Set/Reset Deadlines: Status Report due by 2/3/2022. (nbn) (Entered: 02/03/2022)
2022-04-0423NOTICE of Appearance by Joshua Loevy on behalf of CATO INSTITUTE (Loevy, Joshua) (Entered: 04/04/2022)
2022-04-0424Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE AIR FORCE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS. (Valdivia, Diana) (Entered: 04/04/2022)
2022-04-05MINUTE ORDER: The Court ADOPTS the parties' 24 Joint Status Report and ORDERS that they shall file a further joint status report by June 3, 2022. So ORDERED by Judge James E. Boasberg on 4/5/2022. (lcjeb3) (Entered: 04/05/2022)
2022-04-05Set/Reset Deadlines: Joint Status Report due by 6/3/2022. (nbn) (Entered: 04/05/2022)
2022-06-0325Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE AIR FORCE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS. (Valdivia, Diana) (Entered: 06/03/2022)
2022-06-06MINUTE ORDER: The Court ADOPTS the parties' 25 Joint Status Report and ORDERS that they shall file a further joint status report by August 1, 2022. So ORDERED by Judge James E. Boasberg on 6/6/2022. (lcjeb3) (Entered: 06/06/2022)
2022-06-06Set/Reset Deadlines: Joint Status Report due by 8/1/2022. (nbn) (Entered: 06/06/2022)
2022-07-26Set/Reset Deadlines: Status Report due by 9/26/2022. (nbn) (Entered: 07/26/2022)
2022-08-0126NOTICE OF SUBSTITUTION OF COUNSEL by Jeremy S. Simon on behalf of All Defendants Substituting for attorney Diana Valdivia (Simon, Jeremy) (Entered: 08/01/2022)
2022-08-0127Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE AIR FORCE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS. (Simon, Jeremy) (Entered: 08/01/2022)
2022-08-01MINUTE ORDER: The Court ADOPTS the parties' 27 Joint Status Report and ORDERS that they shall file a further joint status report by September 15, 2022. So ORDERED by Judge James E. Boasberg on 8/1/2022. (lcjeb3) (Entered: 08/01/2022)
2022-08-01Set/Reset Deadlines: Joint Status Report due by 9/15/2022 (lsj) (Entered: 08/01/2022)
2022-09-1528Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE AIR FORCE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS. (Simon, Jeremy) (Entered: 09/15/2022)
2022-09-15MINUTE ORDER: The Court ADOPTS the parties' 28 Joint Status Report and ORDERS that they shall file a further joint status report by October 30, 2022. So ORDERED by Judge James E. Boasberg on 09/15/2022. (lcjeb3) (Entered: 09/15/2022)
2022-09-15Set/Reset Deadlines: Joint Status Report due by 10/30/2022. (znbn) (Entered: 09/16/2022)
2022-10-2829Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE AIR FORCE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS. (Simon, Jeremy) (Entered: 10/28/2022)
2022-10-31MINUTE ORDER: The Court ADOPTS the parties' 29 Joint Status Report and ORDERS that: (1) Defendants shall file their motion for summary judgment by November 22, 2022; (2) Plaintiff shall file its cross-motion for summary judgment and opposition to Defendants' motion by December 22, 2022; (3) Defendants shall file their reply in support of their motion and opposition to Plaintiff's cross-motion by January 17, 2023; and (4) Plaintiff shall file its reply in support of its cross-motion by February 10, 2023. So ORDERED by Judge James E. Boasberg on 10/31/2022. (lcjeb3) (Entered: 10/31/2022)
2022-10-31Set/Reset Deadlines: Summary Judgment motions due by 11/22/2022. Response to Motion for Summary Judgment due by 12/22/2022. Cross Motions due by 12/22/2022. Reply to Motion for Summary Judgment due by 1/17/2023. Response to Cross Motions due by 1/17/2023. Reply to Cross Motions due by 2/10/2023. (nbn) (Entered: 10/31/2022)
2022-11-2230MOTION for Summary Judgment and Supporting Memorandum by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE AIR FORCE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS. (Attachments: # 1 Defendants' Local Rule 7(h) Statement of Facts Not in Dispute, # 2 Declaration of Lieutenant Alyssa Degner-Lopez, # 3 Declaration of Roxanne M. Jensen, # 4 Proposed Order)(Simon, Jeremy) (Entered: 11/22/2022)
2022-12-0831Unopposed MOTION for Extension of Time to Briefing Schedule by CATO INSTITUTE. (Attachments: # 1 Text of Proposed Order)(Topic, Matthew) (Entered: 12/08/2022)
2022-12-08MINUTE ORDER GRANTING Consent 31 Motion for Extension of Time. The Court ORDERS that: (1) Plaintiff shall file its cross-motion for summary judgment and opposition to Defendants' motion by January 19, 2023; (2) Defendants shall file their reply in support of their motion and opposition to Plaintiff's cross-motion by February 21, 2023; and (3) Plaintiff shall file its reply in support of its cross-motion by March 17, 2023. So ORDERED by Judge James E. Boasberg on 12/8/2022. (lcjeb3) (Entered: 12/08/2022)
2023-01-1932Cross MOTION for Summary Judgment by CATO INSTITUTE. (Attachments: # 1 Memorandum in Support, # 2 Declaration Eddington Decl., # 3 Statement of Facts, # 4 Statement of Facts Response to SOF, # 5 Text of Proposed Order)(Topic, Matthew) (Entered: 01/19/2023)
2023-01-1933Memorandum in opposition to re 30 Motion for Summary Judgment, filed by CATO INSTITUTE. (Attachments: # 1 Declaration Eddington Decl., # 2 Statement of Facts, # 3 Statement of Facts Response to SOF, # 4 Text of Proposed Order)(Topic, Matthew) (Entered: 01/19/2023)
2023-02-2034Unopposed MOTION for Extension of Time to File Reply and Opposition to Cross Motion by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE AIR FORCE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 02/20/2023)
2023-02-21MINUTE ORDER GRANTING Consent 34 Motion for Extension of Time. The Court ORDERS that: (1) Defendants shall file their combined reply in support of their motion and opposition to Plaintiff's cross-motion by March 21, 2023; and (2) Plaintiff shall file its reply in support of its cross-motion by April 17, 2023. So ORDERED by Judge James E. Boasberg on 2/21/2023. (lcjeb3) (Entered: 02/21/2023)
2023-02-21Set/Reset Deadlines: Response to Cross Motions due by 3/21/2023. Reply to Cross Motions due by 4/17/2023. (nbn) (Entered: 02/21/2023)
2023-02-2835NOTICE of Appearance by Merrick Jason Wayne on behalf of CATO INSTITUTE (Wayne, Merrick) (Entered: 02/28/2023)
2023-03-2136Memorandum in opposition to re 32 Motion for Summary Judgment, and Reply in Support of Defendants' Motion for Summary Judgment filed by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE AIR FORCE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 03/21/2023)
2023-03-2137REPLY to opposition to motion re 30 MOTION for Summary Judgment and Supporting Memorandum (duplicate of docket entry number 36) filed by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE AIR FORCE, U.S. DEPARTMENT OF THE NAVY, U.S. MARINE CORPS. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 03/21/2023)
2023-04-1738REPLY to opposition to motion re 32 Cross MOTION for Summary Judgment filed by CATO INSTITUTE. (Topic, Matthew) (Entered: 04/17/2023)
2023-05-0339ORDER: For the reasons set forth in the accompanying Memorandum Opinion, the Court ORDERS that: (1) Defendants' 30 Motion for Summary Judgment is GRANTED; (2) Plaintiff's 32 Cross-Motion for Summary Judgment is DENIED; and (3) Judgment is ENTERED in favor of Defendants. Signed by Chief Judge James E. Boasberg on 5/3/2023. (lcjeb4) (Entered: 05/03/2023)
2023-05-0340Memorandum Opinion re. Order 39 on Cross-Motions for Summary Judgment. Signed by Chief Judge James E. Boasberg on 5/3/2023. (lcjeb4) (Entered: 05/03/2023)
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