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Case TitleJUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF DEFENSE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv01301
Date Filed2021-05-11
Date Closed2023-04-10
JudgeJudge Colleen Kollar-Kotelly
PlaintiffJUDICIAL WATCH, INC.
Case DescriptionJudicial Watch submitted a FOIA request to the Department of Defense for records concerning emails regarding the deployment of troops around the Capitol complex on Jan. 6, 2021 sent to or from Secretary of Defense Lloyd Austin and senior officials. The agency acknowledged receipt of the request and invoked a 10-day extension in which to respond. After hearing nothing further from the agency, 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

2021-05-111COMPLAINT against U.S. DEPARTMENT OF DEFENSE ( Filing fee $ 402 receipt number ADCDC-8442960) filed by 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)(Burke, Lauren) (Entered: 05/11/2021)
2021-05-112LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JUDICIAL WATCH, INC. (Burke, Lauren) (Entered: 05/11/2021)
2021-05-12Case Assigned to Judge Colleen Kollar-Kotelly. (adh, ) (Entered: 05/12/2021)
2021-05-123SUMMONS (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: 05/12/2021)
2021-05-204ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 5/20/21. (DM) (Entered: 05/20/2021)
2021-05-255RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/18/2021. Answer due for ALL FEDERAL DEFENDANTS by 6/17/2021. (Attachments: # 1 Declaration of David Rothstein)(Burke, Lauren) (Entered: 05/25/2021)
2021-05-256RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/24/21. (Attachments: # 1 Declaration of David Rothstein)(Burke, Lauren) (Entered: 05/25/2021)
2021-05-257RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF DEFENSE served on 5/24/2021 (Attachments: # 1 Declaration of David Rothstein)(Burke, Lauren) (Entered: 05/25/2021)
2021-06-178ANSWER to Complaint by U.S. DEPARTMENT OF DEFENSE.(Newman, Lisa) (Entered: 06/17/2021)
2021-06-219ORDER requiring the parties to meet and confer and file a Joint Status Report by JULY 30, 2021. Signed by Judge Colleen Kollar-Kotelly on 6/21/21. (lcckk3) (Entered: 06/21/2021)
2021-06-21Set/Reset Deadlines: Joint Meet & Confer Statement due by 7/30/2021. (dot) (Entered: 06/22/2021)
2021-07-2910Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE. (Newman, Lisa) (Entered: 07/29/2021)
2021-07-30MINUTE ORDER. The Court is in receipt of the parties' 10 Joint Status Report, in which the parties indicate that Defendant's search for records responsive to Plaintiffs FOIA request is ongoing. Defendant indicates that responsive, non-exempt records will be produced monthly on a rolling basis. The parties propose submitting a further joint status report on October 28, 2021. The Court ORDERS that the parties shall file another Joint Status Report on OCTOBER 28, 2021, updating the Court on Defendant's response to Plaintiff's FOIA request. The parties are further ORDERED to file additional Joint Status Reports every 60 days thereafter. The parties are also free to file Joint Status Reports between the filing deadlines if issues arise that require the Court's attention. Signed by Judge Colleen Kollar-Kotelly on 7/30/21. (lcckk3) (Entered: 07/30/2021)
2021-07-30Set/Reset Deadlines: Joint Status Report due by 10/28/2021, updating the Court on Defendant's response to Plaintiff's FOIA request. (dot) (Entered: 07/30/2021)
2021-10-2811Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE. (Newman, Lisa) (Entered: 10/28/2021)
2021-12-2812Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE. (Newman, Lisa) (Entered: 12/28/2021)
2022-02-2513Joint STATUS REPORT by JUDICIAL WATCH, INC.. (Burke, Lauren) (Entered: 02/25/2022)
2022-04-2614Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE. (Newman, Lisa) (Entered: 04/26/2022)
2022-06-2915Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE. (Newman, Lisa) (Entered: 06/29/2022)
2022-08-30MINUTE ORDER. The Court's July 30, 2021 Minute Order directed the parties to file joint status reports "every 60 days." The most recent Joint Status Report was filed on June 29, 2022--in which the parties indicated that they would file a further joint status report by August 28, 2022 (which was a Sunday). As of the date of this minute order, no joint status report has filed. The Court ORDERS the parties to file their joint status report updating the Court on Defendants response to Plaintiff's FOIA request and proposing next steps for proceeding by no later than SEPTEMBER 1, 2022. Signed by Judge Colleen Kollar-Kotelly on 8/30/22. (lcckk3) (Entered: 08/30/2022)
2022-08-31Set/Reset Deadlines: Joint Status Report updating the Court on Defendants response to Plaintiff's FOIA request and proposing next steps for proceeding by no later than 9/1/2022. (dot) (Entered: 08/31/2022)
2022-09-0116Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE. (Newman, Lisa) (Entered: 09/01/2022)
2022-09-06MINUTE ORDER. As proposed by the parties, the Court ORDERS that the parties shall file another Joint Status Report by no later than OCTOBER 31, 2022, updating the Court on Defendant's response to Plaintiff's FOIA request and proposing a schedule for further proceedings, if appropriate. Signed by Judge Colleen Kollar-Kotelly on 9/6/22. (lcckk3) (Entered: 09/06/2022)
2022-09-06Set/Reset Deadlines: Joint Status Report due by 10/31/2022, updating the Court on Defendant's response to Plaintiff's FOIA request and proposing a schedule for further proceedings, if appropriate. (dot) (Entered: 09/06/2022)
2022-10-2817Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE. (Newman, Lisa) (Entered: 10/28/2022)
2022-10-28MINUTE ORDER. The Court is in receipt of the 17 Joint Status Report, in which the parties indicate that the Defendant intends to make a final production by November 4, 2022. As proposed by the parties, the Court ORDERS that the parties shall file another Joint Status Report by no later than NOVEMBER 18, 2022, updating the Court on Defendant's response to Plaintiff's FOIA request and proposing a schedule for further proceedings, if appropriate. Signed by Judge Colleen Kollar-Kotelly on 10/28/22. (lcckk3) (Entered: 10/28/2022)
2022-10-28Set/Reset Deadlines: Joint Status Report due by 11/18/2022, updating the Court on Defendant's response to Plaintiff's FOIA request and proposing a schedule for further proceedings, if appropriate. (dot) (Entered: 10/28/2022)
2022-11-1818Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE. (Newman, Lisa) (Entered: 11/18/2022)
2022-11-18MINUTE ORDER. The Court is in receipt of the 18 Joint Status Report. The parties indicate that the Defendant completed production, Plaintiff reviewed production and provided the Defendant with a set of withholdings with which it is concerned, and Defendant is reviewing those withholdings. At the parties' suggestion, the Court ORDERS that the parties shall file a Joint Status Report by no later than DECEMBER 16, 2022 to update the Court on the status of the parties' conferral and propose a schedule for further proceedings. Signed by Judge Colleen Kollar-Kotelly on 11/18/22. (lcckk3) (Entered: 11/18/2022)
2022-11-18Set/Reset Deadlines: Joint Status Report due by 12/16/2022, to update the Court on the status of the parties' conferral and propose a schedule for further proceedings. (dot) (Entered: 11/18/2022)
2022-12-1619Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE. (Newman, Lisa) (Entered: 12/16/2022)
2022-12-1620Scheduling and Procedures Order. Signed by Judge Colleen Kollar-Kotelly on 12/16/22. (lcckk3) (Entered: 12/16/2022)
2022-12-16Set/Reset Deadlines: Defendant's Summary Judgment Motion due by 3/17/2023. Opposition to Motion for Summary Judgment due by 4/25/2023. Reply to Motion for Summary Judgment due by 5/19/2023. Plaintiff's Cross Motion for Summary Judgment due by 4/25/2023. Opposition to Cross Motion for Summary Judgment due by 5/19/2023. Reply to Cross Motion for Summary Judgment due by 6/20/2023. (dot) (Entered: 12/19/2022)
2023-03-1321Unopposed MOTION for Extension of Time to file Motion for Summary Judgment by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Proposed Order)(Newman, Lisa) (Entered: 03/13/2023)
2023-03-15MINUTE ORDER. The Court is in receipt of Defendant's 21 Unopposed Motion for Extension of Time to File Motion for Summary Judgment, in which Defendant requests a three-week extension of its summary judgment deadline. This is Defendant's first request for an extension of this deadline and Plaintiff consents. Defendant explains that on March 13, 2023, Defendant made a discretionary supplemental release of withholdings and is currently considering making an additional supplemental release, which would significantly narrow the scope of issues that require briefing by the parties. The Court notes that in its 20 Scheduling and Procedures Order issued on December 16, 2022, the Court ordered the deadlines that were suggested by the parties. That Order stated that "[t]he dates identified above are firm; the Court has endeavored to give the parties the schedule that they have requested and expects that they will adhere to that schedule." However, in light of Defendant's representation about supplemental releases and therefore for good cause shown, the Court will GRANT the 21 Unopposed Motion and ORDER the 20 Scheduling and Procedures Order to be AMENDED as follows: Defendant's Motion for Summary Judgement shall be due by APRIL 7, 2023; Plaintiff's Opposition to Defendants' Motion for Summary Judgment and its Cross-Motion for Summary Judgment shall be due by MAY 16, 2023; Defendant's Opposition to Plaintiff's Motion for Summary Judgment and their Reply shall be due by JUNE 6, 2023; and Plaintiff's Reply in Support of its Cross-Motion for Summary Judgment shall be due by JULY 11, 2023. Signed by Judge Colleen Kollar-Kotelly on 3/15/23. (lcckk3) (Entered: 03/15/2023)
2023-03-15Set/Reset Deadlines: Defendant's Summary Judgment Motion due by 4/7/2023. Opposition to Motion for Summary Judgment due by 5/16/2023. Reply to Motion for Summary Judgment due by 6/6/2023. Plaintiff's Cross Motion for Summary Judgment due by 5/16/2023. Opposition to Cross Motion for Summary Judgment due by 6/6/2023. Reply to Cross Motion for Summary Judgment due by 7/11/2023. (dot) (Entered: 03/15/2023)
2023-04-0622STIPULATION of Dismissal by JUDICIAL WATCH, INC.. (Burke, Lauren) (Entered: 04/06/2023)
2023-04-1023ORDER dismissing case with prejudice. Signed by Judge Colleen Kollar-Kotelly on 4/10/23. (lcckk3) (Entered: 04/10/2023)
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