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Case TitleConnecticut Veterans Legal Center et al v. Department of Defense
DistrictDistrict of Connecticut
CityNew Haven
Case Number3:2023cv00408
Date Filed2023-04-03
Date ClosedOpen
JudgeJudge Kari A. Dooley
PlaintiffConnecticut Veterans Legal Center
PlaintiffStronghold Freedom Foundation
Case DescriptionConnecticut Veterans Legal Center and Stronghold Freedom Foundation submitted FOIA requests to the Department of Defense for records concerning the toxic chemical exposures of U.S. troops at the previous Soviet base at Karshi-Khanabad in Afghanistan. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Connecticut Veteran Legal Center and the Stronghold Freedom Foundation filed suit.
Complaint issues: Adequacy - Search, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantDepartment 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

2023-04-031COMPLAINT against All Defendants ( Filing fee $402 receipt number ACTDC-7295554.), filed by Connecticut Veterans Legal Center, Stronghold Freedom Foundation. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D)(Wishnie, Michael) Modified on 4/4/2023 to correct filing parties (Hushin, Z.). (Entered: 04/03/2023)
2023-04-03ENTERED IN ERROR - Request for Clerk to issue summons as to All Plaintiffs. (Wishnie, Michael) Modified on 4/3/2023 per phone call from Plaintiff attorney. He will refile request correctly. (Chartier, AnnMarie). (Entered: 04/03/2023)
2023-04-032NOTICE of Appearance by Meghan Brooks on behalf of Connecticut Veterans Legal Center, Stronghold Freedom Foundation (Brooks, Meghan) (Entered: 04/03/2023)
2023-04-033Notice: Pursuant to Federal Rule of Civil Procedure 7.1, any nongovernmental corporate party must electronically file a disclosure statement that identifies any parent corporation and any publicly held corporation owning 10% or more of its stock or states that there is no such corporation. Such disclosure statement must be filed with a party's first appearance, pleading, petition, motion, response, or other request addressed to the Court and must be supplemented if any required information changes during the case. Signed by Clerk on 4/3/23.(Hushin, Z.) (Entered: 04/03/2023)
2023-04-03Judge Robert N. Chatigny and Judge Thomas O. Farrish added. (Oliver, T.) (Entered: 04/03/2023)
2023-04-03Request for Clerk to issue summons as to All Defendants. (Wishnie, Michael) (Entered: 04/03/2023)
2023-04-034Corporate Disclosure Statement by Connecticut Veterans Legal Center. (Wishnie, Michael) (Entered: 04/03/2023)
2023-04-035Corporate Disclosure Statement by Stronghold Freedom Foundation. (Wishnie, Michael) (Entered: 04/03/2023)
2023-04-038Order on Pretrial Deadlines: Amended Pleadings due by 6/2/2023. Discovery due by 10/3/2023. Dispositive Motions due by 11/7/2023. Signed by Clerk on 4/3/2023. (Mendez, D) (Entered: 04/04/2023)
2023-04-039ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Sarala V. Nagala on 4/3/2023. (Mendez, D) (Entered: 04/04/2023)
2023-04-0310STANDING PROTECTIVE ORDER. Signed by Judge Sarala V. Nagala on 4/3/2023. (Mendez, D) (Entered: 04/04/2023)
2023-04-046ORDER OF TRANSFER. Case reassigned to Judge Sarala V. Nagala for all further proceedings. Signed by Judge Robert N. Chatigny on 4/4/2023.(Samson, Jessalyn) (Entered: 04/04/2023)
2023-04-047MOTION for Leave to File Law Student Appearances by Connecticut Veterans Legal Center, Stronghold Freedom Foundation. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Wishnie, Michael) (Entered: 04/04/2023)
2023-04-0411NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES: Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of 3 Notice re: Disclosure Statement,, 8 Order on Pretrial Deadlines, 4 Corporate Disclosure Statement filed by Connecticut Veterans Legal Center, 1 Complaint, filed by Connecticut Veterans Legal Center, 5 Corporate Disclosure Statement filed by Stronghold Freedom Foundation, 2 Notice of Appearance filed by Connecticut Veterans Legal Center, Stronghold Freedom Foundation, 10 Protective Order, 9 Electronic Filing Order. Signed by Clerk on 4/4/2023. (Mendez, D) (Entered: 04/04/2023)
2023-04-0412***Entered in Error*** ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Department of Defense* with answer to complaint due within *21* days. Attorney *Michael J. Wishnie* *Jerome N. Frank Legal Services* *Yale Law School 127 Wall Street* *New Haven, CT 06511*. (Freberg, B) Modified on 4/5/2023 (Fanelle, N.). (Entered: 04/04/2023)
2023-04-0513ORDER OF TRANSFER. Case reassigned to Judge Kari A. Dooley for all further proceedings. Signed by Judge Sarala V. Nagala on 4/5/2023.(Bozek, M.) (Entered: 04/05/2023)
2023-04-0514ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Department of Defense* with answer to complaint due within *30* days. Attorney *Michael J. Wishnie* *Jerome N. Frank Legal Services - Wall St* *Yale Law School, 127 Wall Street* *New Haven, CT 06511*. (Fanelle, N.) (Entered: 04/05/2023)
2023-04-1015MOTION for Issuance of Amended Summons re 14 Electronic Summons Issued, by Connecticut Veterans Legal Center, Stronghold Freedom Foundation.Responses due by 5/1/2023 (Attachments: # 1 Text of Proposed Order Proposed Amended Summons)(Wishnie, Michael) (Entered: 04/10/2023)
2023-04-1716ORDER granting 15 Motion. The Clerk of the Court is directed to issue an amended summons. Signed by Judge Kari A. Dooley on 4/17/2023. (Stamegna, Ashley) (Entered: 04/17/2023)
2023-04-1717ENTERED IN ERROR - ELECTRONIC SUMMONS REISSUED Modified on 4/17/2023 (Fanelle, N.). (Entered: 04/17/2023)
2023-04-1718ORDER granting 7 Motion for Leave to File Law Student Appearances as to the Law Students identified therein. Signed by Judge Kari A. Dooley on 4/17/2023. (Stamegna, Ashley) (Entered: 04/17/2023)
2023-04-1719ELECTRONIC SUMMONS REISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Department of Defense* with answer to complaint due within *30* days. (Fanelle, N.) (Entered: 04/17/2023)
2023-05-1920NOTICE of Appearance by J. Brian Meskill on behalf of Department of Defense (Meskill, J. Brian) (Entered: 05/19/2023)
2023-05-1921ANSWER to 1 Complaint, with Affirmative Defenses by Department of Defense.(Meskill, J. Brian) (Entered: 05/19/2023)
2023-06-1422MOTION for Meghan Brooks to Withdraw as Attorney by Connecticut Veterans Legal Center, Stronghold Freedom Foundation. (Brooks, Meghan) (Entered: 06/14/2023)
2023-06-1523ORDER granting 22 Motion to Withdraw as Attorney. Attorney Meghan Brooks terminated. Signed by Judge Kari A. Dooley on 6/15/2023. (Stamegna, Ashley) (Entered: 06/15/2023)
2023-06-2324Joint MOTION for Joint Proposed Scheduling Order Order by Connecticut Veterans Legal Center, Stronghold Freedom Foundation. (Wishnie, Michael) (Entered: 06/23/2023)
2023-06-2625ORDER. The Court has reviewed the parties' 24 Joint Proposed Scheduling Order. It is Approved, Adopted, and So Ordered. Signed by Judge Kari A. Dooley on 6/26/2023. (Stamegna, Ashley) (Entered: 06/26/2023)
2023-08-1526NOTICE of Appearance by Natalia Friedlander on behalf of Connecticut Veterans Legal Center, Stronghold Freedom Foundation (Friedlander, Natalia) (Entered: 08/15/2023)
2023-09-0827SUMMONS Returned Executed by Stronghold Freedom Foundation, Connecticut Veterans Legal Center. Department of Defense served on 4/19/2023, answer due 5/19/2023. (Wishnie, Michael) (Entered: 09/08/2023)
2023-09-2128MOTION for Leave to Appear Law Student Interns by Connecticut Veterans Legal Center, Stronghold Freedom Foundation. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Exhibit Certificate of Good Standing, # 3 Exhibit Certificate of Good Standing)(Wishnie, Michael) (Entered: 09/21/2023)
2023-09-2629ORDER granting 28 Motion to Appear. Plaintiffs' law student interns are permitted to appear in this matter. Signed by Judge Kari A. Dooley on 09/26/2023. (Haider, Syeda) (Entered: 09/26/2023)
2023-10-0430Consent MOTION for Extension of Time until October 31, 2023 , nunc pro tunc, for Final Production by Department of Defense. (Meskill, J. Brian) (Entered: 10/04/2023)
2023-10-0631ORDER granting nunc pro tunc 30 Motion for Extension of Time. The Defendant's deadline to produce responsive non-exempt records to Plaintiffs is extended to October 31, 2023. Signed by Judge Kari A. Dooley on 10/6/2023. (Haider, Syeda) (Entered: 10/06/2023)
2023-10-2632Consent MOTION for Extension of Time until November 30, 2023 for Final Production by Department of Defense. (Meskill, J. Brian) (Entered: 10/26/2023)
2023-10-2733ORDER granting 32 Motion for Extension of Time. Defendant's deadline for a final production of responsive, non-exempt records to Plaintiffs is extended to November 30, 2023. Signed by Judge Kari A. Dooley on 10/27/2023. (Haider, Syeda) (Entered: 10/27/2023)
2023-11-2734MOTION for Extension of Time until December 29, 2023 for Final Production by Department of Defense. (Meskill, J. Brian) (Entered: 11/27/2023)
2023-11-2835ORDER granting 34 Motion for Extension of Time. Defendant's deadline for a final production of responsive, non-exempt records to Plaintiffs is extended to December 29, 2023. Signed by Judge Kari A. Dooley on 11/28/23. (Haider, Syeda) (Entered: 11/28/2023)
2024-01-2936STATUS REPORT by Connecticut Veterans Legal Center, Stronghold Freedom Foundation. (Wishnie, Michael) (Entered: 01/29/2024)
2024-02-2237MOTION for Extension of Time until April 27, 2024 to file a motion for summary judgment by Department of Defense. (Meskill, J. Brian) (Entered: 02/22/2024)
2024-02-2238Memorandum in Opposition re 37 MOTION for Extension of Time until April 27, 2024 to file a motion for summary judgment filed by Connecticut Veterans Legal Center, Stronghold Freedom Foundation. (Wishnie, Michael) (Entered: 02/22/2024)
2024-02-2339ORDER granting over objection 37 Motion for Extension of Time. Defendant's motion for summary judgment must be filed by April 27, 2024. This deadline shall not be further extended. Signed by Judge Kari A. Dooley on 2/23/2024. (Haider, S) (Entered: 02/23/2024)
2024-04-0440MOTION for Leave to Appear for Law Student Interns by Connecticut Veterans Legal Center, Stronghold Freedom Foundation. (Wishnie, Michael) (Entered: 04/04/2024)
2024-04-0541ORDER granting 40 Motion for Leave for Law Student Interns to Appear. Signed by Judge Kari A. Dooley on 4/5/2024. (Haider, S) (Entered: 04/05/2024)
2024-04-2642MOTION for Summary Judgment by Department of Defense.Responses due by 5/17/2024 (Attachments: # 1 Memorandum in Support, # 2 Local Rule 56(a)1 statement, # 3 Ex. A - Dorgan Decl., # 4 Ex. B - Herrington Decl., # 5 Ex. C - Bonsall Decl., # 6 Atch. 1 to Bonsall Decl., # 7 Ex. D - Walburn Decl., # 8 Ex. E - Aceituno Decl., # 9 Ex. F - Spedero Decl., # 10 Ex. G - Aceituno Supp. Decl., # 11 Ex. H - Nesbitt Decl., # 12 Ex. I - Watson Decl.)(Meskill, J. Brian) (Entered: 04/26/2024)
2024-05-1043Joint MOTION for Extension of Time by Connecticut Veterans Legal Center, Stronghold Freedom Foundation. (Wishnie, Michael) (Entered: 05/10/2024)
2024-05-1344ORDER granting 43 Motion for Extension of Time. The Court adopts the deadlines proposed in ECF 43. Plaintiffs' Cross-motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment is due June 2, 2024. Defendants' reply and response is due June 30, 2024. Plaintiffs' reply is due July 21, 2024. Signed by Judge Kari A. Dooley on 5/13/2024. (Haider, S) (Entered: 05/13/2024)
2024-05-1645MOTION for Leave to File Excess Pages , nunc pro tunc, by Department of Defense. (Meskill, J. Brian) (Entered: 05/16/2024)
2024-05-1746ORDER granting nunc pro tunc 45 Motion for Leave to File Excess Pages. Signed by Judge Kari A. Dooley on 5/17/2024. (Haider, S) (Entered: 05/17/2024)
2024-05-2947MOTION for Leave to File Excess Pages by Connecticut Veterans Legal Center, Stronghold Freedom Foundation. (Wishnie, Michael) (Entered: 05/29/2024)
2024-05-3048ORDER granting 47 Motion for Leave to File Excess Pages. Signed by Judge Kari A. Dooley on 5/30/2024. (Haider, S) (Entered: 05/30/2024)
2024-06-0449NOTICE by Connecticut Veterans Legal Center, Stronghold Freedom Foundation re 42 MOTION for Summary Judgment (Wishnie, Michael) (Entered: 06/04/2024)
2024-06-0450Memorandum in Opposition re 42 MOTION for Summary Judgment filed by Connecticut Veterans Legal Center, Stronghold Freedom Foundation. (Attachments: # 1 Statement of Material Facts, # 2 Affidavit, # 3 Affidavit, # 4 Affidavit, # 5 Affidavit, # 6 Affidavit, # 7 Exhibit A, # 8 Exhibit B, # 9 Exhibit C, # 10 Exhibit D, # 11 Exhibit E, # 12 Exhibit F, # 13 Exhibit G, # 14 Exhibit H, # 15 Exhibit I, # 16 Exhibit J, # 17 Exhibit K, # 18 Exhibit L, # 19 Exhibit M, # 20 Exhibit N, # 21 Exhibit O, # 22 Exhibit P, # 23 Exhibit Q, # 24 Exhibit R, # 25 Exhibit S, # 26 Exhibit T, # 27 Exhibit U, # 28 Exhibit V, # 29 Exhibit W, # 30 Exhibit X, # 31 Exhibit Y, # 32 Exhibit Z, # 33 Exhibit AA, # 34 Exhibit AB, # 35 Exhibit AC)(Wishnie, Michael) (Entered: 06/04/2024)
2024-06-0451MOTION for Extension of Time to File Response/Reply nunc pro tunc as to 42 MOTION for Summary Judgment by Connecticut Veterans Legal Center, Stronghold Freedom Foundation. (Wishnie, Michael) (Entered: 06/04/2024)
2024-06-0552ORDER granting 51 Motion for Extension of Time to File Response/Reply nunc pro tunc . Signed by Judge Kari A. Dooley on 6/5/2024. (Haider, S) (Entered: 06/05/2024)
2024-06-3053RESPONSE re 49 Notice (Other) filed by Department of Defense. (Meskill, J. Brian) (Entered: 06/30/2024)
2024-07-2254REPLY to Response to 42 MOTION for Summary Judgment and 49 Cross Motion filed by Connecticut Veterans Legal Center, Stronghold Freedom Foundation. (Wishnie, Michael) (Entered: 07/22/2024)
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