Case Detail

FOIA Project Annotation: Judge Amy Berman Jackson has ruled that the Department of Defense properly responded to a FOIA request from Curt Cizek, a former Air Force Chaplain, for records of a memo written by a senior Office of Inspector General investigator regarding the resolution of a whistleblower complaint Cizek initiated, but that the agency failed to show that foreseeable harm would result from the disclosure of the memo. Cizek was terminated after failing to be promoted. He argued that he was fired because of his whistleblower activity. Cizek's firing was upheld and he asked the OIG to reconsider its actions. It did so but did not change its original verdict. Cizek then submitted a FOIA request for the records of the OIG's reconsideration of its actions. The agency withheld the records, primarily under Exemption 5 (privileges). Berman Jackson found that the agency had properly applied its claimed exemptions, but as to Exemption 5, she found that the agency had failed to show that disclosure would cause foreseeable harm. She noted that "there is nothing in the record of this particular case to support a finding that release of the observations section of the memorandum would chill OIG investigators from being candid in their analyses and recommendations in the future. To the contrary, since it is already publicly known from the investigator himself that his recommendations fell on deaf ears, the withholding of the detailed reasoning that formed the basis for that recommendation might have more of a chilling effect on future investigations than the release of the information would."
Issues: Exemption 5 - Privileges - Deliberative process privilege - Predecisional, Exemption 5 - Privileges - Deliberative process privilege - Deliberative

Date Filed	Doc #	Docket Text
2023-01-04	1	COMPLAINT by against Curt Jerome Cizek against DOD & DOD OIG ( Filing fee $ 402 receipt number ADCDC-9766903) filed by Curt Jerome Cizek. (Attachments: # 1 Exhibit 1 Redacted DODIG Report, # 2 Exhibit 2 Vernon Memorandum, # 3 Civil Cover Sheet JS-44, # 4 Summons Summons to US Aty Gen, # 5 Summons Summons to DOD, # 6 Summons Summons to DOD-OIG, # 7 Summons Summons to US Aty DC)(Schulcz, Arthur) (Entered: 01/04/2023)
2023-01-05		Case Assigned to Judge Amy Berman Jackson. (zcb) (Entered: 01/05/2023)
2023-01-05	2	SUMMONS (4) Issued Electronically as to Department of Defense, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zcb) (Entered: 01/05/2023)
2023-02-15	3	NOTICE of Appearance by Marsha Wellknown Yee on behalf of All Defendants (Yee, Marsha) (Entered: 02/15/2023)
2023-02-16	4	Unopposed MOTION for Extension of Time to File Defendants' Response to Plaintiff's Complaint by DEPARTMENT OF DEFENSE, DOD OFFICE OF INSPECTOR GENERAL. (Attachments: # 1 Text of Proposed Order)(Yee, Marsha) (Entered: 02/16/2023)
2023-02-17		MINUTE ORDER granting 4 Motion for Extension of Time. Defendants must respond to the complaint by March 1, 2023. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/17/2023.(lcabj1) (Entered: 02/17/2023)
2023-03-01	5	ANSWER to Complaint by DEPARTMENT OF DEFENSE, DOD OFFICE OF INSPECTOR GENERAL.(Yee, Marsha) (Entered: 03/01/2023)
2023-03-03		MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendant must file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff, on or before March 27, 2023. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/3/2023. (lcabj1) (Entered: 03/03/2023)
2023-03-24	6	PROPOSED BRIEFING SCHEDULE by DEPARTMENT OF DEFENSE, DOD OFFICE OF INSPECTOR GENERAL. (Yee, Marsha) (Entered: 03/24/2023)
2023-03-30		MINUTE ORDER. Pursuant to the parties' agreed upon proposed briefing schedule 6 , it is ORDERED that the following briefing schedule is adopted. Defendants' motion for summary judgment must be submitted by May 11, 2023; plaintiff's combined opposition and cross-motion for summary judgment must be submitted by June 1, 2023; defendants' combined reply and opposition to plaintiff's cross-motion for summary judgment must be submitted by June 22, 2023; and plaintiff's reply must be submitted by July 7, 2023. SO ORDERED. (lcabj1) (Entered: 03/30/2023)
2023-05-11	7	MOTION for Summary Judgment by DEPARTMENT OF DEFENSE, DOD OFFICE OF INSPECTOR GENERAL. (Attachments: # 1 Statement of Facts, # 2 Dorgan Decl., # 3 Text of Proposed Order)(Yee, Marsha) (Entered: 05/11/2023)
2023-06-01	8	Memorandum in opposition to re 7 Motion for Summary Judgment filed by CURT JEROME CIZEK. (Attachments: # 1 Exhibit A Vernon Declaration, # 2 Exhibit B Cizek Delaration, # 3 Exhibit C Cizek Compl FC of Claims, # 4 Statement of Facts, # 5 Text of Proposed Order)(Schulcz, Arthur) (Entered: 06/01/2023)
2023-06-02	9	Cross MOTION for Summary Judgment by CURT JEROME CIZEK. (Attachments: # 1 Statement of Facts Undisputed Facts, # 2 Text of Proposed Order, # 3 Exhibit A Vernon Decl, # 4 Exhibit B Cizek Decl, # 5 Exhibit C Cizek Compl Fed Ct Clms)(Schulcz, Arthur) (Entered: 06/02/2023)
2023-06-02		RESOLVED...NOTICE of Provisional/Government Not Certified Status re 8 Memorandum in opposition to re 7 Motion for Summary Judgment filed by CURT JEROME CIZEK. (Attachments: # 1 Exhibit A Vernon Declaration, # 2 Exhibit B Cizek Delaration, # 3 Exhibit C Cizek Compl FC of Claims, # 4 Statement of Facts, # 5 Text of Proposed Order)(Schulcz, Arthur). 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 6/9/2023. (zbaj) Modified on 6/5/2023 (zbaj). (Entered: 06/02/2023)
2023-06-05	10	Unopposed MOTION for Extension of Time to File Cross Mtion for Summary Judgment by CURT JEROME CIZEK. (Attachments: # 1 Text of Proposed Order)(Schulcz, Arthur) (Entered: 06/06/2023)
2023-06-06		MINUTE ORDER granting 10 Motion for Extension of Time to File. Signed by Judge Amy Berman Jackson on 6/6/2023. (lcabj1) (Entered: 06/06/2023)
2023-06-21	11	Unopposed MOTION for Extension of Time to File Defendants' Combined Reply and Opposition and to Modify Deadline for Plaintiff's Reply by DEPARTMENT OF DEFENSE, DOD OFFICE OF INSPECTOR GENERAL. (Attachments: # 1 Text of Proposed Order)(Yee, Marsha) (Entered: 06/21/2023)
2023-06-23		MINUTE ORDER granting 11 Motion for Extension of Time. Defendants must file their combined reply and opposition to plaintiff's cross-motion for summary judgment by July 11, 2023, and plaintiff must file his reply by July 27, 2023. Signed by Judge Amy Berman Jackson on 6/23/2023. (lcabj1) (Entered: 06/23/2023)
2023-07-10	12	MOTION for Extension of Time to File Defendants' Combined Reply and Opposition by DEPARTMENT OF DEFENSE, DOD OFFICE OF INSPECTOR GENERAL. (Attachments: # 1 Text of Proposed Order)(Yee, Marsha) (Entered: 07/10/2023)
2023-07-11	13	RESPONSE re 12 MOTION for Extension of Time to File Defendants' Combined Reply and Opposition filed by CURT JEROME CIZEK. (Attachments: # 1 Text of Proposed Order)(Schulcz, Arthur) (Entered: 07/11/2023)
2023-07-11		MINUTE ORDER granting 12 Motion for Extension of Time notwithstanding plaintiff's objection to an extension greater than 10 days; the extension sought will not have a significant impact on the time it will take to resolve the matter, which was not filed as an action seeking emergency relief. Defendants must file their combined reply and opposition to plaintiff's cross-motion for summary judgment by August 8, 2023, and plaintiff must file his reply by August 24, 2023. Signed by Judge Amy Berman Jackson on 7/11/2023. (lcabj1) (Entered: 07/11/2023)
2023-07-11		Set/Reset Deadlines: Defendants combined reply and opposition to plaintiff's cross-motion for summary judgment is due by 8/8/2023, Plaintiff's must file his reply to the cross-motion for summary judgment by 8/24/2023. (jth) (Entered: 07/11/2023)
2023-08-08	14	REPLY to opposition to motion re 7 MOTION for Summary Judgment filed by DEPARTMENT OF DEFENSE, DOD OFFICE OF INSPECTOR GENERAL. (Attachments: # 1 Defs.' Resps. to Pl.'s SMF, # 2 Suppl. Dorgan Decl., # 3 Text of Proposed Order)(Yee, Marsha) (Entered: 08/08/2023)
2023-08-08	15	Memorandum in opposition to re 9 Motion for Summary Judgment, filed by DEPARTMENT OF DEFENSE, DOD OFFICE OF INSPECTOR GENERAL. (Attachments: # 1 Defs.' Resps. to P's SMF, # 2 Suppl. Dorgan Decl., # 3 Text of Proposed Order)(Yee, Marsha) (Entered: 08/08/2023)
2023-08-24	16	REPLY to opposition to motion re 9 Cross MOTION for Summary Judgment filed by CURT JEROME CIZEK. (Attachments: # 1 Exhibit 1 Section 533 of NDAA, # 2 Statement of Facts Reply to Def's Response)(Schulcz, Arthur) (Entered: 08/24/2023)
2024-02-10	17	NOTICE OF SUBSTITUTION OF COUNSEL by Diana Viggiano Valdivia on behalf of All Defendants Substituting for attorney Marsha Wellknown Yee (Valdivia, Diana) (Entered: 02/10/2024)
2024-03-21	18	NOTICE OF SUBSTITUTION OF COUNSEL by Kimberly Stratton on behalf of All Defendants Substituting for attorney Diana V. Valdivia (Stratton, Kimberly) (Entered: 03/21/2024)
2024-09-20		MINUTE ORDER. It is ORDERED that in order to assist the Court in making a responsible de novo determination, defendants are directed to deliver to chambers for in camera inspection the document that has been provided to plaintiff with redactions, on or before Tuesday, September 24, 2024. See Ray v. Turner, 587 F.2d 1187, 1195 (D.C. Cir. 1978). It is further ordered that any redactions to the documents shall be identified with red boxes around the text so the information withheld from plaintiff is easily identifiable. SO ORDERED.Signed by Judge Amy Berman Jackson on 9/20/2024. (lcabj1) (Entered: 09/20/2024)
2024-09-27	19	ORDER. Pursuant to Federal Rules of Civil Procedure 56 and 58 and for the reasons stated in the accompanying Memorandum Opinion, it is hereby ORDERED that defendants' motion for summary judgment 7 is GRANTED in part and DENIED in part, and plaintiff's cross-motion for summary judgment 9 is GRANTED in part and DENIED in part. See Order for details. Signed by Judge Amy Berman Jackson on 9/27/2024. (lcabj1) (Entered: 09/27/2024)
2024-09-27	20	MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 9/27/2024. (lcabj1) (Entered: 09/27/2024)
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