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Case TitleWHITNEY v. U.S. DEPARTMENT OF DEFENSE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2024cv00004
Date Filed2024-01-02
Date ClosedOpen
JudgeJudge Sparkle L. Sooknanan
PlaintiffJACK WHITNEY
Case DescriptionJack Whitney, an independent documentary filmmaker, submitted a FOIA request to the Department of Defense for records concerning the investigation of the parachute incident that killed SFC Ethan Carpenter, which took place at the Parachute Training and Testing Facility at Pinal Airpark, Arizona. The agency acknowledged receipt of the request. The agency disclosed records but withheld records under Exemption 3 (other statutes) and Exemption 6 (invasion of privacy). Whitney filed an administrative appeal. The agency released it had released previously. Whitney then filed suit.
Complaint issues: Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF DEFENSE
DefendantU.S. DEPARTMENT OF THE ARMY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-01-021COMPLAINT against U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE ARMY ( Filing fee $ 405 receipt number ADCDC-10589864) filed by JACK WHITNEY. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Civil Cover Sheet, # 13 Summons)(Topic, Matthew) (Entered: 01/02/2024)
2024-01-022NOTICE of Appearance by Matthew Topic on behalf of JACK WHITNEY (Topic, Matthew) (Entered: 01/02/2024)
2024-01-023SEALED DOCUMENT filed by JACK WHITNEY(This document is SEALED and only available to authorized persons.)(Topic, Matthew) (Entered: 01/02/2024)
2024-01-024NOTICE of Appearance by Merrick Jason Wayne on behalf of JACK WHITNEY (Wayne, Merrick) (Entered: 01/02/2024)
2024-01-04Case Assigned to Judge Christopher R. Cooper. (zrtw) (Entered: 01/04/2024)
2024-01-045SUMMONS (4) Issued Electronically as to U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE ARMY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zrtw) (Entered: 01/04/2024)
2024-02-056NOTICE of Appearance by Patrick Doyle on behalf of U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE ARMY (Doyle, Patrick) (Entered: 02/05/2024)
2024-02-127RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF THE ARMY served on 1/22/2024 (Topic, Matthew) (Entered: 02/12/2024)
2024-02-128RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF DEFENSE served on 1/22/2024 (Topic, Matthew) (Entered: 02/12/2024)
2024-02-129RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 01/22/2024. (Topic, Matthew) (Entered: 02/12/2024)
2024-02-1210RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/16/2024. Answer due for ALL FEDERAL DEFENDANTS by 2/15/2024. (Topic, Matthew) (Entered: 02/12/2024)
2024-02-1511ANSWER to Complaint by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE ARMY.(Doyle, Patrick) (Entered: 02/15/2024)
2024-02-15MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties promptly confer and file a joint proposed schedule for briefing or disclosure by February 29, 2024. Signed by Judge Christopher R. Cooper on 2/15/2024. (lccrc3) (Entered: 02/15/2024)
2024-02-2912Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 02/29/2024)
2024-03-01MINUTE ORDER: In light of the 12 Joint Status Report, the parties are hereby directed to file a further joint status report by April 15, 2024. Signed by Judge Christopher R. Cooper on 3/1/2024. (lccrc3) (Entered: 03/01/2024)
2024-04-1513Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 04/15/2024)
2024-04-16MINUTE ORDER: In light of the 13 Joint Status Report, the parties are hereby directed to file a further joint status report by May 30, 2024. Signed by Judge Christopher R. Cooper on 4/16/2024. (lccrc3) (Entered: 04/16/2024)
2024-05-2814NOTICE OF SUBSTITUTION OF COUNSEL by Alane Ballweg on behalf of All Defendants Substituting for attorney Patrick Doyle (Ballweg, Alane) (Entered: 05/28/2024)
2024-05-3015Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Ballweg, Alane) (Entered: 05/30/2024)
2024-05-31MINUTE ORDER: In light of the 15 Joint Status Report, the parties are hereby directed to file a further joint status report by July 29, 2024. If disputes persist, the parties shall include a schedule for prompt briefing in the upcoming status report. Signed by Judge Christopher R. Cooper on 5/31/2024. (lccrc3) (Entered: 05/31/2024)
2024-07-2916Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Ballweg, Alane) (Entered: 07/29/2024)
2024-07-31MINUTE ORDER: In light of the 16 Joint Status Report, the parties are hereby directed to file a further joint status report by September 27, 2024. If disputes persist, the parties shall follow the following summary judgment schedule. Defendants shall file their motion for summary judgment by October 28, 2024. Plaintiff shall file his combined cross-motion for summary judgment and opposition to Defendants' motion by November 27, 2024. Defendants shall file their combined reply and opposition to Plaintiff's cross-motion by December 27, 2024. Plaintiff shall file his reply by January 10, 2025. Signed by Judge Christopher R. Cooper on 7/31/2024. (lccrc3) (Entered: 07/31/2024)
2024-09-2717Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE ARMY. (Ballweg, Alane) (Entered: 09/27/2024)
2024-10-2518Consent MOTION for Extension of Time to File Motion for Summary Judgment by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Ballweg, Alane) (Entered: 10/25/2024)
2024-10-28MINUTE ORDER granting 18 Motion for Extension of Time. Defendants shall file their motion for summary judgment by December 12, 2024. Plaintiff shall file his combined opposition and cross-motion for summary judgment by January 13, 2025. Defendant shall file their combined reply and opposition to Plaintiff's cross-motion by February 11, 2025. Plaintiff shall file his reply by February 25, 2025. Signed by Judge Christopher R. Cooper on 10/28/24. (lccrc3) (Entered: 10/28/2024)
2024-12-1119Consent MOTION for Extension of Time to File Motion for Summary Judgment by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Ballweg, Alane) (Entered: 12/11/2024)
2024-12-12MINUTE ORDER granting 19 Motion for Extension of Time to File. Defendants shall file their motion for summary judgment by January 27, 2025. Plaintiff shall file his combined cross-motion for summary judgment and opposition to Defendants' motion by February 27, 2025. Defendants shall file their combined reply in support of their motion and opposition to Plaintiff's cross-motion by March 28, 2025. Plaintiff shall file his reply in support of his cross-motion by April 11, 2025. Signed by Judge Christopher R. Cooper on 12/12/24. (lccrc3) (Entered: 12/12/2024)
2025-01-10Case directly reassigned to Judge Sparkle L. Sooknanan. Judge Christopher R. Cooper is no longer assigned to the case. (ztnr) (Entered: 01/10/2025)
2025-01-2320Consent MOTION to Modify Briefing Schedule by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Ballweg, Alane) (Entered: 01/23/2025)
2025-01-24MINUTE ORDER granting 20 Motion to Modify Briefing Schedule. Motion for Summary Judgment due by 3/5/2025; Cross-Motion for Summary Judgment and combined Opposition to Defendant's Motion for Summary Judgment due by 4/3/2025; combined Brief in Opposition to Plaintiffs Cross-Motion for Summary Judgment and Defendant's Reply in support of the Summary Judgment Motion due by 5/2/2025; and Plaintiff's Reply in support of Summary Judgment Cross-Motion due by 5/16/2025. Signed by Judge Sparkle L. Sooknanan on 1/24/2025. (lcrk) (Entered: 01/24/2025)
2025-03-0521MOTION for Summary Judgment by U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order, # 4 Exhibit A - Nesbitt Decl., # 5 Exhibit B - Deibel Decl., # 6 Exhibit C - Brown Decl., # 7 Exhibit D - Classification Mem., # 8 Exhibit E - Nesbitt Vaughn Decl., # 9 Exhibit F - Chung Determination, # 10 Exhibit G - Drop-Off Receipt)(Ballweg, Alane) (Entered: 03/05/2025)
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by FOIA Project Staff
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