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Case TitleMORRIS v. DEL TORO et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv00101
Date Filed2022-01-14
Date Closed2023-01-23
JudgeJudge Carl J. Nichols
PlaintiffTERRY MORRIS CAPTAIN; USN
Case DescriptionTerry Morris, a captain in the Navy, submitted a FOIA request to Carlos Del Toro, the Secretary of the Navy, for records concerning himself, including investigations against him for sexual harassment. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Morris filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantHon. CARLOS DEL TORO
DefendantCARLOS DEL TORO The Honorable; in his official capacity as the Secretary of the Navy
DefendantLLOYD J. AUSTIN, III The Honorable; in his official capacity as the Secretary of Defense
DefendantHon. LLOYD J. AUSTIN, III
DefendantUNITED STATES NAVY
Documents
Docket
Complaint
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User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-01-141COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-8981495) filed by TERRY MORRIS. (Attachments: # 1 Exhibit Exhibit 1: Awards and Medals of Capt. Terry Morris, # 2 Exhibit Exhibit 2: Records of NCIS Investigation, # 3 Exhibit Exhibit 3: Notification of Non-Judicial Punishment, # 4 Exhibit Exhibit 4: Notification of Board of Inquiry, # 5 Exhibit Exhibit 5: Testimony of Ms. Kurta to NCIS dated July 13, 2016, # 6 Exhibit Exhibit 6: Letter of Deficiency to Board of Inquiry, # 7 Exhibit Exhibit 7: Findings of Board of Inquiry, # 8 Exhibit Exhibit 8: Statement of Choosing to not Contest Separation, # 9 Exhibit Exhibit 9: December 11, 2017, Memorandum Recommending Separation, # 10 Exhibit Exhibit 10, Plaintiff's Application to the BCNR, # 11 Exhibit Exhibit 11, Close-Out of Application by the BCNR, # 12 Exhibit Exhibit 12, Plaintiff's FOIA Application Dated June 26, 2020, # 13 Exhibit Exhibit 13, Navy FOIA Response dated November 19, 2020, # 14 Exhibit Exhibit 14, Navy FOIA Response Dated March 25, 2021, # 15 Exhibit Exhibit 15, Response to Letter of Deficiency, # 16 Exhibit Exhibit 16, Email from Legal Advisory to the Board to Counsel for Capt. Morris, # 17 Exhibit Exhibit 17, NCIS Interview Report dated August 26, 2016, # 18 Exhibit Exhibit 18, Secretary of the Navy Separation Decision, # 19 Civil Cover Sheet Morrs v. Del Toro Civil Cover Sheet, # 20 Summons Summons for AG Garland, # 21 Summons Summons for Sec. Def. Austin, # 22 Summons Summons for Sec. Nav. Del Toro, # 23 Summons Summons for USAO Graves)(Sheldon, David) (Entered: 01/14/2022)
2022-01-18NOTICE OF ERROR re 1 Complaint; emailed to davidsheldon@militarydefense.com, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Noncompliance with LCvR 5.1(c). Please file an errata correcting the initiating pleading to include the name & full residence address of each party using the event Errata., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (znmg, ) (Entered: 01/18/2022)
2022-01-182ERRATA Corrected Complaint by TERRY MORRIS re: 1 Complaint. (Sheldon, David) Modified on 1/19/2022 to add linkage (znmg). (Entered: 01/18/2022)
2022-01-19Case Assigned to Judge Carl J. Nichols. (znmg) (Entered: 01/19/2022)
2022-01-193SUMMONS (4) Issued Electronically as to LLOYD J. AUSTIN, III, CARLOS DEL TORO, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(znmg) (Entered: 01/19/2022)
2022-02-104NOTICE of Appearance by Patricia K. McBride on behalf of All Defendants (McBride, Patricia) (Entered: 02/10/2022)
2022-02-245Unopposed MOTION for Extension of Time to File Answer by LLOYD J. AUSTIN, III, CARLOS DEL TORO, UNITED STATES NAVY. (McBride, Patricia) (Entered: 02/24/2022)
2022-02-26MINUTE ORDER. Upon consideration of the Defendants' 5 Motion for Enlargement of Time, it is ORDERED that the Motion is GRANTED. It is further ORDERED that Defendants shall respond to the Complaint by April 7, 2022. Signed by Judge Carl J. Nichols on February 26, 2022. (lccjn1) (Entered: 02/26/2022)
2022-04-076ANSWER to Complaint by LLOYD J. AUSTIN, III, CARLOS DEL TORO, UNITED STATES NAVY.(McBride, Patricia) (Entered: 04/07/2022)
2022-04-15MINUTE ORDER. Before the Court in this Freedom of Information Act case are a Complaint and an Answer. Pursuant to Local Civil Rule 16.3, the requirements of Federal Rule of Civil Procedure 26(f) are inapplicable. It is hereby ORDERED that the Parties shall confer and file a Joint Status Report on or before May 6, 2022. The Joint Status Report shall address: (1) the status of Plaintiff's FOIA requests; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force , 547 F.2d 605 (D.C. Cir. 1976); (5) the possibility of prioritizing documents responsive to Plaintiff's requests and any discussions regarding whether Plaintiff's requests can be narrowed; and (6) whether the Parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Carl J. Nichols on April 15, 2022. (lccjn1) (Entered: 04/15/2022)
2022-05-107Joint MOTION for Leave to File Joint Status Report by LLOYD J. AUSTIN, III, CARLOS DEL TORO, UNITED STATES NAVY. (Attachments: # 1 Exhibit Joint Status Report)(McBride, Patricia) (Entered: 05/10/2022)
2022-05-16MINUTE ORDER. Upon consideration of the 7 Joint Motion for Leave to file a Joint Status Report, it is ORDERED that the Motion is GRANTED. It is further ORDERED that the Joint Status Report is accepted for filing. It is further ORDERED that the Parties shall file, by July 5, 2022, an additional joint status report, including a proposal for further proceedings. Signed by Judge Carl J. Nichols on May 16, 2022. (lccjn1) (Entered: 05/16/2022)
2022-05-16Set/Reset Deadlines: Joint Status Report due by 7/5/2022. (zcal) (Entered: 05/16/2022)
2022-07-058Joint STATUS REPORT by LLOYD J. AUSTIN, III, CARLOS DEL TORO, UNITED STATES NAVY. (McBride, Patricia) (Entered: 07/05/2022)
2022-07-11MINUTE ORDER. Upon consideration of the 8 Joint Status Report, it is ORDERED that the Parties shall file, by September 10, 2022, an additional joint status report, including a proposal for further proceedings. Signed by Judge Carl J. Nichols on July 11, 2022. (lccjn1) (Entered: 07/11/2022)
2022-08-209STANDING ORDER. Signed by Judge Carl J. Nichols on August 20, 2022. (lccjn1) (Entered: 08/20/2022)
2022-09-01ENTERED IN ERROR.....MINUTE ORDER. In light of the recent reassignment of Lucas v. AFGE (22-cv-1540), the status conference set for September 12, 2022 in cases Lucas v. Guzman (21-cv-296), Lucas v. Guzman (22-cv-2101), and Lucas v. AFGE (22-cv-777) will now be for Lucas v. AFGE (22-cv-1540) as well. SO ORDERED. Signed by Judge Amy Berman Jackson on 09/01/2022. (lcabj2) Modified on 9/1/2022 to reflect that this was docketed in the incorrect case. (jth). (Entered: 09/01/2022)
2022-09-01NOTICE OF ERROR - The Minute Order issued this date was docketed in the incorrect case and has been reissued in the correct case. The parties should disregard this order. (jth) (Entered: 09/01/2022)
2022-09-0910Joint STATUS REPORT by LLOYD J. AUSTIN, III, CARLOS DEL TORO, UNITED STATES NAVY. (McBride, Patricia) (Entered: 09/09/2022)
2022-09-12MINUTE ORDER. Upon consideration of the 10 Joint Status Report, it is ORDERED that the Parties shall submit an additional joint status report by November 10, 2022, and every 60 days thereafter until either party moves for a briefing schedule for dispositive motions, files a dispositive motion, or the case is terminated. Signed by Judge Carl J. Nichols on September 12, 2022. (lccjn1) (Entered: 09/12/2022)
2022-09-12Set/Reset Deadlines: Joint Status Report due by 11/10/2022. (zcal) (Entered: 09/14/2022)
2022-11-1411Joint STATUS REPORT by LLOYD J. AUSTIN, III, CARLOS DEL TORO, UNITED STATES NAVY. (McBride, Patricia) (Entered: 11/14/2022)
2023-01-1912STIPULATION of Dismissal by TERRY MORRIS. (Sheldon, David) (Entered: 01/19/2023)
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