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Case TitleEakin v. United States Department of Defense
DistrictWestern District of Texas
CitySan Antonio
Case Number5:2016cv00972
Date Filed2016-09-30
Date ClosedOpen
JudgeJudge Royce C. Lamberth
PlaintiffJohn Eakin
Case DescriptionJohn Eakin, a researcher on missing in action issues, submitted a FOIA request to the Department of Defense for electronic records of all World War II era individual deceased personnel files. The agency acknowledged receipt of the request and took a 10-day extension. After hearing nothing further from the agency, Eakin filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUnited States Department of Defense
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [29]
FOIA Project Annotation: Judge Royce Lamberth has ruled that a voluminous request by John Eakin for records concerning Americans who died as a result of being held in Japanese POW camps in the Philippines during World War II and whose remains were not recovered or identified does not qualify as being so burdensome that the Defense Department should be excused from processing it, but has found that the agency qualifies for an Open America stay allowing the Army Human Resources Command to finish reviewing three hard drives containing 280,000 Individual Deceased Personnel Files where the responsive records are located. The case involved a 2010 FOIA suit Eakin filed in the Western District of Texas. The court there rejected Eakin's request for a fee waiver and expedited processing, but did not reach the government's burden claim because it had not been raised at the administrative level. In 2016, Eakin filed a request for the records in electronic format. He also requested copies of the contracts for scanning the records. The agency told Eakin that unusual circumstances applied to his request and that it was being placed in the agency's complex processing queue with over 1,600 other requests. Eakin appealed and when the agency failed to respond, he filed suit, this time in the District of Columbia. The agency told Lamberth that the AHRC had assigned three of its eight FOIA staff to process such requests at the rate of one hour a day. The agency argued the request was too burdensome and, alternatively, that it qualified for an Open America stay. Eakin argued that because the agency had already ascertained and located the files and merely needed to review them for exempt information, his request could not be considered too burdensome. Lamberth agreed. He noted that "while plaintiff's FOIA request is broad, the broad nature of the request is warranted given the necessarily broad nature of the information that the plaintiff is seeking." He observed that "that DoD has already identified the cache of data in which the universe of responsive documents is located, segregated it, and begun cataloguing documents for release, indicates that the plaintiff's FOIA request is sufficiently particular to enable the DoD to determine what records are being requested." Lamberth complained that the agency had never contacted Eakin to discuss narrowing the request, noting that "the fact that the DoD utterly failed to even make an attempt to communicate these realities to Eakin is disappointing and frustrating. The Court will not fault the plaintiff here for failing to limit or modify his request when the government could not even be bothered to satisfy its relatively simple obligations [to contact the requester]." To move the processing of Eakin's request along, Lamberth ordered the agency to provide a sample Vaughn index of the redactions from 100-150 documents chosen by Eakin. Lamberth found, however, that agency qualified for a stay. He noted the agency estimated that it would take 3,132 man-hours to complete Eakin's request. The agency had already processed over 30,000 IDPFs, showing both due diligence and good faith. Lamberth granted the agency a four-year stay to February 2021 and told the agency to provide a semi-annual production of records to Eakin.
Issues: Choice of format - Burdensome, Delay - Stay of proceedings
Opinion/Order [42]
FOIA Project Annotation: Presiding over a case in the Western District of Texas, Judge Royce Lamberth has clarified several disagreements arising from John Eakin's massive FOIA requests estimated at 4.2 terabytes (300 million pages) of records concerning deceased World War II soldiers and the way the National Archives and Records Administration has been handling their personnel files. In August 2017, Lamberth allowed the government until February 2021 to produce all non-exempt responsive records. Eakin had asked for records as PDF files. He argued that the government should not be allowed to slow the processing of his request by re-reviewing records. Lamberth clarified that "the government can vet any never-before-released responsive records for exempt material before giving them to Eakin. The government can also reprocess any previously-released records if the government has not record of the results of the previous review �" i.e., if the government doesn't know whether there was any material, or if the government didn't maintain the document in redacted form. But if the government has any responsive records that it knows have been already reviewed and appropriately redacted, the government cannot drag its feet by rehashing their review and redaction in this litigation." Lamberth also indicated that the government would be required to provide any newly released documents to Eakin as PDF files. He also agreed to assess Eakin's challenges to the government's Vaughn index to the extent such objections "to prevent the government from traveling too far down a wrong road." He added that "but the proper vehicle to do so remains a motion for summary judgment teeing-up the specific legal question with a Vaughn index that samples withholdings or redactions representative of Eakin's broader challenges."
Issues: Choice of format
Opinion/Order [53]
FOIA Project Annotation: Judge Royce Lamberth, hearing a case from the Western District of Texas, has ruled that the Defense Department properly withheld records under Exemption 6 (invasion of privacy) as well as labeling some records as non-responsive during its processing of a voluminous request from John Eakin for records identifying Americans who had died in World War II but whose bodies were not properly identified and returned to their families. Eakin's request encompassed 480,000 files known as Individual Deceased Personnel files of World War II American servicemembers that were being scanned as computer files. As part of a contract with Lockheed-Martin Integrated Systems to scan the files, DOD had provided files to Eakin for individuals whose last names started with the letters A or B, as well as some whose names started with the letter C. However, the agency had withheld some files because they were non-responsive and others because disclosure would violate the individual's privacy. Eakin challenged both decisions. On the issue of non-responsiveness, Eakin argued that the D.C. Circuit's ruling in American Immigration Lawyers' Association (AILA) v. Executive Office for Immigration Review, 830 F.3d 667 (D.C. Cir. 2016), in which the D.C. Circuit held that agencies could not withhold records based on their determination that they were non-responsive but only on the basis of an exemption. Pointing out that AILA involved information that had been deleted from an email chain, Lamberth observed that "to say that thousands of IDPFs are analogous to one email chain stretches the bounds of rationality." He added that "the Defense Department is not attempting to conduct a sentence-by-sentence review of each IDPF's responsiveness." Eakin claimed that since the files dealt with deceased soldiers, Exemption 6 did not apply. Lamberth disagreed, noting instead that "although the IDPFs by their very nature contain a great deal of information about deceased persons, that does not mean there is nothing within those documents pertaining to living persons, which the Defense Department is entitled to redact." Lamberth concluded that the agency could continue to review the unprocessed records manually. He pointed out that "Mr. Eakin may find the government's process to be slow and unnecessary, but he requested hundreds of thousands of decades-old documents, so some measure of patience is required."
Issues: Exemption 6 - Invasion of privacy
Opinion/Order [62]
FOIA Project Annotation: Judge Royce Lamberth has once again ruled that John Eakin can amend his complaint to include digitized records representing those U.S. servicemembers who died in World War II but whose remains have not been properly identified whose last name begins with letters falling between M-Z in the alphabet. Although Eakin already has ongoing litigation challenging the A-L category, he requested permission to amend his complaint to include the M-Z category as well. Lamberth noted that "as the Court has made clear numerous times throughout this litigation, 'the Defense Department could save time and resources for both itself and the court if it treated Mr. Eakin's [May of 2016] FOIA request as a request for all of the digitized documents.' The Defense Department has undoubtedly been aware since Mr. Eakin made his initial FOIA request that he would eventually seek all of the digitized files. The Defense Department thus cannot seriously argue that it was be prejudiced by the Court's decision to grant leave to amend the pleadings." Approving the amendment, Lamberth pointed out that "the Court understands that the digitization of the files is taking place alphabetically, meaning that the further along in the alphabet the file is, the longer it may take to obtain. With this understanding in mind, there is no reason why Mr. Eakin's M-Z requests should not be combined with his ongoing lawsuit."
Issues: Litigation - Jurisdiction
Opinion/Order [110]
Opinion/Order [120]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-09-30THIS CASE HAS BEEN RANDOMLY ASSIGNED TO JUDGE XAVIER RODRIGUEZ. (fs) (Entered: 09/30/2016)
2016-09-30If ordered by the court, all referrals will be assigned to Magistrate Judge Primomo. (fs) (Entered: 09/30/2016)
2016-09-301COMPLAINT ( Filing fee $ 400 receipt number 500036375), filed by John Eakin. (Attachments: # 1 Civil Cover Sheet, # 2 Filing Fee Receipt)(fs) (Entered: 09/30/2016)
2016-09-302MOTION For Leave to File Electronically by John Eakin. (fs) (Entered: 09/30/2016)
2016-09-303Summons Issued as to United States Department of Defense, U.S. Attorney and U.S. Attorney Department of Justice (fs) (Entered: 09/30/2016)
2016-09-30Text Order GRANTING 2 Motion for leave to file electronically entered by Judge Xavier Rodriguez. Plaintiff may file electronically pursuant to the electronic filing requirements for a pro se litigant set forth in the Administrative Policies and Procedures for Electronic Filing in Criminal and Civil Cases found on the Court's website. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lel) (Entered: 09/30/2016)
2016-10-174SUMMONS Returned Executed by John Eakin. Department of Defense (Eakin, John) Modified on 10/17/2016 (rg). (Entered: 10/17/2016)
2016-10-175SUMMONS Returned Executed by John Eakin. United States Department of Defense served on 10/11/2016, answer due 12/12/2016. (Eakin, John) (Entered: 10/17/2016)
2016-10-176SUMMONS Returned Executed on 10/3/2016 by John Eakin. US Atty (Eakin, John) (Entered: 10/17/2016)
2016-10-17Reset Deadlines: United States Department of Defense answer due 12/2/2016. (rg) (Entered: 10/17/2016)
2016-10-187NOTICE Statutory time to answer FOIA complaint by John Eakin (Eakin, John) (Entered: 10/18/2016)
2016-11-018Defendant's ANSWER to Complaint . Attorney Robert Shaw-Meadow added to party United States Department of Defense(pty:dft) by United States Department of Defense.(Shaw-Meadow, Robert) (Entered: 11/01/2016)
2016-11-019ORDER AND ADVISORY for Scheduling Recommendations/Proposed Scheduling Order. Plaintiff shall submit scheduling recommendations/proposed scheduling order to the Court. (Scheduling Recommendations/Proposed Scheduling Order due by 12-1-16); Notice of right to consent to disposition of a civil case by a U.S. Magistrate Judge. Signed by Judge Xavier Rodriguez. (jhw) (Entered: 11/01/2016)
2016-11-01Set/Reset Deadlines: Scheduling Recommendations/Proposed Scheduling Order due by 12/1/2016, (rf) (Entered: 11/02/2016)
2016-11-2310CONSENT to Trial by US Magistrate Judge by John Eakin. (rf) (Entered: 11/23/2016)
2016-12-0111STATUS REPORT Joint Rule 26(f) Report and Response to Court Order of November 1, 2016 by United States Department of Defense. (Shaw-Meadow, Robert) (Entered: 12/01/2016)
2016-12-0112Scheduling Recommendations/Proposed Scheduling Order Joint by United States Department of Defense. (Shaw-Meadow, Robert) (Entered: 12/01/2016)
2016-12-0113NON-CONSENT to Trial by US Magistrate Judge by United States Department of Defense. (Shaw-Meadow, Robert) (Entered: 12/01/2016)
2016-12-0114NOTICE of Attorney Absence by United States Department of Defense (Shaw-Meadow, Robert) (Entered: 12/01/2016)
2016-12-0715SCHEDULING ORDER: Plaintiff's amended pleadings or motions to join parties due 12-30-16; Defendant's motion to designate third parties, amend pleadings or join parties is 1-20-17; Pretrial Motions due 2-1-17. Signed by Judge Xavier Rodriguez. (jhw) (Entered: 12/07/2016)
2017-01-2416MOTION for Summary Judgment by John Eakin. (Eakin, John) (Entered: 01/24/2017)
2017-01-3117Opposed MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Summary Judgment and to Submitt Cross Motion for Summary Judgment by United States Department of Defense. (Attachments: # 1 Exhibit, # 2 Exhibit)(Shaw-Meadow, Robert) (Entered: 01/31/2017)
2017-02-0318Response in Opposition to Motion, filed by John Eakin, re 17 Opposed MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Summary Judgment and to Submitt Cross Motion for Summary Judgment filed by Defendant United States Department of Defense (Attachments: # 1 Exhibit Exemplar FOIA request)(Eakin, John) (Entered: 02/03/2017)
2017-02-0719NOTICE of Withdrawal and Substitution of Counsel by United States Department of Defense (Kruger, Mary) (Entered: 02/07/2017)
2017-02-0920RESPONSE in Support, filed by United States Department of Defense, re 17 Opposed MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Summary Judgment and to Submitt Cross Motion for Summary Judgment filed by Defendant United States Department of Defense (Attachments: # 1 Proposed Order)(Kruger, Mary) (Entered: 02/09/2017)
2017-03-1321ORDER REASSIGNING CASE. Case reassigned to Judge Royce C. Lamberth for all proceedings. Judge Xavier Rodriguez no longer assigned to case. Signed by Judge Xavier Rodriguez. (rg) (Entered: 03/14/2017)
2017-06-0122Cross MOTION for Summary Judgment and Response to Plaintiff's Motion for Summary Judgment , MOTION to Stay Case in the Alternative by United States Department of Defense. (Attachments: # 1 Response to Plaintiff's Statement of Material Facts, # 2 Exhibit 1- Wey Declaration)(Kruger, Mary) (Entered: 06/01/2017)
2017-06-0723MOTION to Strike 22 Cross MOTION for Summary Judgment and Response to Plaintiff's Motion for Summary Judgment MOTION to Stay Case in the Alternative by John Eakin. (Eakin, John) (Entered: 06/07/2017)
2017-06-0724Response in Opposition to Motion, filed by John Eakin, re 22 Cross MOTION for Summary Judgment and Response to Plaintiff's Motion for Summary Judgment MOTION to Stay Case in the Alternative filed by Defendant United States Department of Defense (Eakin, John) (Entered: 06/07/2017)
2017-06-1425RESPONSE to Motion, filed by United States Department of Defense, re 23 MOTION to Strike 22 Cross MOTION for Summary Judgment and Response to Plaintiff's Motion for Summary Judgment MOTION to Stay Case in the Alternative filed by Plaintiff John Eakin (Kruger, Mary) (Entered: 06/14/2017)
2017-06-1426RESPONSE in Support, filed by United States Department of Defense, re 22 Cross MOTION for Summary Judgment and Response to Plaintiff's Motion for Summary Judgment MOTION to Stay Case in the Alternative filed by Defendant United States Department of Defense (Kruger, Mary) (Entered: 06/14/2017)
2017-08-0227ORDER GRANTING 17 Motion for Extension of Time to File Response/Reply nunc pro tunc Signed by Judge Royce C. Lamberth. (ad) (Entered: 08/02/2017)
2017-08-0228ORDER MOOTING 23 Motion to Strike Signed by Judge Royce C. Lamberth. (ad) (Entered: 08/02/2017)
2017-08-0229MEMORANDUM OPINION. Signed by Judge Royce C. Lamberth. (ad) (Entered: 08/02/2017)
2017-08-0230ORDER GRANTING IN PART AND DENYING IN PART 16 Motion for Summary Judgment; DENYING 22 Motion for Summary Judgment; GRANTING 22 Motion to Stay Case Signed by Judge Royce C. Lamberth. (ad) (Entered: 08/02/2017)
2018-01-1731Opposed MOTION to Compel Production by John Eakin. (Attachments: # 1 Proposed Order, # 2 Exhibit Scanning Contract, # 3 Exhibit Sample Previously Released Files, # 4 Exhibit Sample Embedded Document, # 5 Exhibit Vaughn Index, # 6 Exhibit Description of Scanning Project)(Eakin, John) (Entered: 01/17/2018)
2018-01-2232MOTION to Stay Case by United States Department of Defense. (Attachments: # 1 Proposed Order)(Kruger, Mary) (Entered: 01/22/2018)
2018-01-2433MOTION to Withdraw ITS MOTION TO STAY by United States Department of Defense. (Attachments: # 1 Proposed Order)(Kruger, Mary) (Entered: 01/24/2018)
2018-01-2434MOTION for Extension of Time to File Response/Reply by United States Department of Defense. (Attachments: # 1 Proposed Order)(Kruger, Mary) (Entered: 01/24/2018)
2018-01-2435ORDER DENYING 32 Motion to Stay Case Signed by Judge Royce C. Lamberth. (mgr) (Entered: 01/25/2018)
2018-02-0736RESPONSE to Motion, filed by United States Department of Defense, re 31 Opposed MOTION to Compel Production filed by Plaintiff John Eakin (Attachments: # 1 Exhibit)(Kruger, Mary) (Entered: 02/07/2018)
2018-02-1337REPLY to Response to Motion, filed by John Eakin, re 31 Opposed MOTION to Compel Production filed by Plaintiff John Eakin (Eakin, John) (Entered: 02/13/2018)
2018-05-2438Unopposed MOTION for Leave to File Sur Reply by John Eakin. (Attachments: # 1 Exhibit Sur Reply, # 2 Exhibit Proposed Order)(Eakin, John) (Entered: 05/24/2018)
2018-06-2139ORDER GRANTING 38 Motion for Leave to File sur reply Signed by Judge Royce C. Lamberth. (mgr) (Entered: 06/25/2018)
2018-06-2140Plaintiff's Sur Reply to his opposed Motion for Clarification and to Compel Production of Documents to 38 Unopposed MOTION for Leave to File Sur Reply by John Eakin. (mgr) (Entered: 06/25/2018)
2018-06-2141ORDER GRANTING 34 Motion for Extension of Time to File Response/Reply Signed by Judge Royce C. Lamberth. (mgr) (Entered: 06/25/2018)
2019-06-0542MEMORANDUM OPINION. Signed by Judge Royce C. Lamberth. (kjw) (Entered: 06/05/2019)
2019-06-0543ORDER GRANTING IN PART AND DENYING IN PART 31 Motion to Compel. Signed by Judge Royce C. Lamberth. (kjw) (Entered: 06/05/2019)
2019-06-05MINUTE ORDER DENYING AS MOOT 33 Motion to Withdraw. Signed by Judge Royce C. Lamberth. (kjw) (Entered: 06/05/2019)
2019-06-0644NOTICE of Attorney Appearance by Jacquelyn Michelle Christilles on behalf of United States Department of Defense. Attorney Jacquelyn Michelle Christilles added to party United States Department of Defense(pty:dft) (Christilles, Jacquelyn) (Entered: 06/06/2019)
2019-06-1745Scheduling Recommendations/Proposed Scheduling Order by United States Department of Defense. (Christilles, Jacquelyn) (Entered: 06/17/2019)
2019-06-1746MOTION for Partial Summary Judgment by John Eakin. (Attachments: # 1 Appendix Material Facts Not In Dispute, # 2 Affidavit Eakin Declaration, # 3 Exhibit Exemplar Documents, # 4 Exhibit Vaughn Index)(Eakin, John) (Entered: 06/17/2019)
2019-06-2447SCHEDULING ORDER: Plaintiff's partial motion for summary judgment was filed on June 19, 2019. The parties have agreed that defendant will have until July 15, 2019 to file its response to plaintiff's partial motion for summary judgment. If plaintiff elects to submit a reply to defendant's response to his partial motion for summary judgment, such reply shall be due by July 22, 2019. Signed by Judge Royce C. Lamberth. (em) (Entered: 06/24/2019)
2019-07-1548RESPONSE to Motion, filed by United States Department of Defense, re 46 MOTION for Partial Summary Judgment filed by Plaintiff John Eakin (Attachments: # 1 Exhibit 1, McDermott Declaration, # 2 Exhibit A to Exhibit 1, Na'Ali Contract, # 3 Exhibit B to Exhibit 1, OCR Samples, # 4 Exhibit 2, Letter to Eakin re Vaughn Index)(Christilles, Jacquelyn) (Entered: 07/15/2019)
2019-07-1949REPLY to Response to Motion, filed by John Eakin, re 46 MOTION for Partial Summary Judgment filed by Plaintiff John Eakin (Eakin, John) (Entered: 07/19/2019)
2019-07-2650Unopposed MOTION for Leave to File Sur-Reply to Plaitniff's Motion for Partial Summary Judgment by United States Department of Defense. (Attachments: # 1 Proposed Order, # 2 Defendant's Sur-Reply to Plaintiff's Motion for Partial Summary Judgment)(Christilles, Jacquelyn) (Entered: 07/26/2019)
2019-08-1351ORDER GRANTING 50 Motion for Leave to File a Sur-Reply. Signed by Judge Royce C. Lamberth. (kjw) (Entered: 08/13/2019)
2019-08-1452Defendant's Sur-Reply to 46 MOTION for Partial Summary Judgment by United States Department of Defense. (mgr) (Entered: 08/15/2019)
2019-12-1753MEMORANDUM OPINION. Signed by Judge Royce C. Lamberth. (mms) (Entered: 12/17/2019)
2019-12-1754ORDER DENYING 46 Motion for Partial Summary Judgment. Signed by Judge Royce C. Lamberth. (mms) (Entered: 12/17/2019)
2020-01-1755MOTION for Extension of Time to File Status Report by United States Department of Defense. (Attachments: # 1 Proposed Order)(Christilles, Jacquelyn) (Entered: 01/17/2020)
2020-01-2156ORDER GRANTING 55 Joint Motion for Extension of Time to File. The deadline for filing a Joint Status Report is extended 30 days from 01/16/2020 until 02/17/2020. Signed by Judge Royce C. Lamberth on 01/17/2020. (lcrcl3) (Entered: 01/21/2020)
2020-01-21Reset Deadlines: Status Report due by 2/17/2020, (mgr) (Entered: 01/23/2020)
2020-02-1457STATUS REPORT JOINT by United States Department of Defense and John Eakin (Christilles, Jacquelyn) Modified on 2/14/2020 To edit text (bc). (Entered: 02/14/2020)
2020-02-14Notice of Correction: ***NOTIFIED ALL PARTIES THAT THE ENTRY WAS MODIFIED TO ADD THE JOINT FILER*** re 57 Status Report. (bc) (Entered: 02/14/2020)
2020-02-1958Opposed MOTION to Amend Complaint by John Eakin. (Attachments: # 1 Exhibit Proposed First Amended Complaint, # 2 Proposed Order)(Eakin, John) (Entered: 02/19/2020)
2020-02-2459Unopposed MOTION for Extension of Time to File Response/Reply as to 58 Opposed MOTION to Amend Complaint by United States Department of Defense. (Attachments: # 1 Proposed Order)(Christilles, Jacquelyn) (Entered: 02/24/2020)
2020-03-0360ORDER GRANTING 59 Motion for Extension of Time to File Response/Reply. Signed by Judge Royce C. Lamberth. (wwh) (Entered: 03/03/2020)
2020-03-2761RESPONSE to Motion, filed by United States Department of Defense, re 58 Opposed MOTION to Amend Complaint filed by Plaintiff John Eakin (Attachments: # 1 Proposed Order)(Christilles, Jacquelyn) (Entered: 03/27/2020)
2020-07-3062MEMORANDUM OPINION. Signed by Judge Royce C. Lamberth. (lcrcl3) (Entered: 07/30/2020)
2020-07-3063ORDER GRANTING 58 Motion to File First Amended Complaint. The Clerk of Court shall accept for filing the First Amended Complaint found at ECF No. 58-1. Signed by Judge Royce C. Lamberth. (lcrcl3) (Entered: 07/30/2020)
2020-07-3064FIRST AMENDED COMPLAINT against United States Department of Defense amending 1 Complaint., filed by John Eakin.(mgr) (Entered: 07/31/2020)
2020-08-1265ANSWER to 64 Amended Complaint by United States Department of Defense.(Christilles, Jacquelyn) (Entered: 08/12/2020)
2020-08-1366ORDER that the government provide a status report regarding its processing of the A-L files within 30 days and that counsel meet and confer and provide a joint report with a proposed schedule for further proceedings herein. Signed by Judge Royce C. Lamberth. (lcrcl3) (Entered: 08/13/2020)
2020-09-0867Unopposed MOTION to Continue Status Report Deadline by United States Department of Defense. (Attachments: # 1 Proposed Order)(Christilles, Jacquelyn) (Entered: 09/08/2020)
2020-09-0868ORDER GRANTING 67 Defendant's Unopposed Motion for Extension of Time to File the Court Ordered Status Report Signed by Judge Royce C. Lamberth. (rcl1) (Entered: 09/08/2020)
2020-09-08Reset Deadlines: Status Report due by 9/30/2020, (mgr) (Entered: 09/16/2020)
2020-09-2869STATUS REPORT by United States Department of Defense. (Christilles, Jacquelyn) (Entered: 09/28/2020)
2020-10-0870Scheduling Recommendations/Proposed Scheduling Order by United States Department of Defense. (Attachments: # 1 Scheduling Order)(Christilles, Jacquelyn) (Entered: 10/08/2020)
2020-10-0871Opposed MOTION to Lift Stay and for better search by John Eakin. (Attachments: # 1 Affidavit, # 2 Proposed Order)(Eakin, John) (Entered: 10/08/2020)
2020-10-3072RESPONSE to Motion, filed by United States Department of Defense, re 71 Opposed MOTION to Lift Stay and for better search filed by Plaintiff John Eakin Defendant's Response to Plaintiff's Opposed Motions to Lift Open America Stay and for Better Document Search (Attachments: # 1 Exhibit 1)(Christilles, Jacquelyn) (Entered: 10/30/2020)
2020-11-0273REPLY to Response to Motion, filed by John Eakin, re 71 Opposed MOTION to Lift Stay and for better search filed by Plaintiff John Eakin (Eakin, John) (Entered: 11/02/2020)
2020-11-1674ORDER Setting Video Status Conference Hearing for Monday, November 23, 2020, at 11:00 AM CST/12 PM EST. Signed by Judge Royce C. Lamberth. (lcrcl1) (Entered: 11/16/2020)
2020-11-2375Minute Entry for proceedings held before Judge Royce C. Lamberth: Status Conference held on 11/23/2020 (Minute entry documents are not available electronically.). (Court Reporter Chris Poage.)(mgr) (Entered: 11/23/2020)
2020-11-3076Second MOTION for Summary Judgment in the Alternative Motion for Open America Stay by United States Department of Defense. (Attachments: # 1 Affidavit Affidavit of Kevin West, # 2 Affidavit Affidavit of Monique Gilbert, # 3 Proposed Order)(Christilles, Jacquelyn) (Entered: 11/30/2020)
2020-12-0277Unopposed MOTION for Extension of Time to File Response/Reply by John Eakin. (Attachments: # 1 Proposed Order)(Eakin, John) (Entered: 12/02/2020)
2020-12-0378MEMORANDUM OPINION DENYING 71 Plaintiff's Motion to Lift Stay, DISMISSING Plaintiff's Motion for Better Document Search, and DENYING Defendant's Requested Extension of the A-L Open America Stay. A separate Order consistent with this Memorandum Opinion shall issue this date. Signed by Judge Royce C. Lamberth. (lcrcl1) (Entered: 12/03/2020)
2020-12-0379ORDER DENYING 71 Plaintiff's Motion to Lift Stay, DISMISSING Plaintiff's Motion for Better Document Search, and DENYING Defendant's Requested Extension of the A-L Open America Stay. Signed by Judge Royce C. Lamberth. (lcrcl1) (Entered: 12/03/2020)
2020-12-0380ORDER GRANTING 77 Unopposed Motion for Extension of Time to File Response. Signed by Judge Royce C. Lamberth. (lcrcl1) (Entered: 12/03/2020)
2020-12-1181RESPONSE to Motion, filed by John Eakin, re 76 Second MOTION for Summary Judgment in the Alternative Motion for Open America Stay filed by Defendant United States Department of Defense (Eakin, John) (Entered: 12/11/2020)
2020-12-2282Unopposed MOTION to Substitute Attorney by United States Department of Defense. (Attachments: # 1 Proposed Order)(Parnham, Thomas) (Entered: 12/22/2020)
2020-12-2383ORDER GRANTING 82 Motion to Substitute Attorney. AUSA Jacquelyn M. Christilles is WITHDRAWN as counsel of record for Defendant, and AUSA Thomas A. Parnham, Jr., is SUBSTITUTED as counsel of record for Defendant. Signed by Judge Royce C. Lamberth. (lcrcl1) (Entered: 12/23/2020)
2020-12-3084STATUS REPORT by United States Department of Defense. (Parnham, Thomas) (Entered: 12/30/2020)
2020-12-3085ADVISORY TO THE COURT by United States Department of Defense . (Parnham, Thomas) (Entered: 12/30/2020)
2021-02-0386STATUS REPORT by United States Department of Defense. (Attachments: # 1 Exhibit 1 - Declaration of Kevin L. West, # 2 Exhibit 2 - Declaration of Colonel Daniel E. Gilbert)(Parnham, Thomas) (Entered: 02/03/2021)
2021-03-0987ADVISORY TO THE COURT by John Eakin . (Attachments: # 1 Exhibit Declaration of John Eakin)(Eakin, John) (Entered: 03/09/2021)
2021-03-2588STATUS REPORT by United States Department of Defense. (Parnham, Thomas) (Entered: 03/25/2021)
2021-04-0689STATUS REPORT by United States Department of Defense. (Parnham, Thomas) (Entered: 04/06/2021)
2021-04-2190Opposed MOTION to Amend Complaint by John Eakin. (Attachments: # 1 Exhibit Proposed Complaint, # 2 Proposed Order, # 3 Exhibit, # 4 Exhibit)(Eakin, John) (Entered: 04/21/2021)
2021-04-2591Unopposed MOTION to Withdraw 90 Opposed MOTION to Amend Complaint by John Eakin. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Eakin, John) (Entered: 04/25/2021)
2021-04-2792ORDER GRANTING 91 Unopposed Motion to Withdraw Second Amended Complaint and WITHDRAWING 90 Opposed Motion to Amend Complaint. Signed by Judge Royce C. Lamberth on April 27, 2021. (lcrcl1) (Entered: 04/27/2021)
2021-04-3093STATUS REPORT by United States Department of Defense. (Parnham, Thomas) (Entered: 04/30/2021)
2021-05-1294Opposed MOTION to Amend Complaint by John Eakin. (Attachments: # 1 Exhibit Proposed 2d Amd Complaint, # 2 Exhibit Ex 1 to 2d amended complaint, # 3 Exhibit Ex2 to 2d amended complaint, # 4 Exhibit Ex3 to 2d amended complaint, # 5 Exhibit)(Eakin, John) (Entered: 05/12/2021)
2021-05-1995Response in Opposition to Motion, filed by United States Department of Defense, re 94 Opposed MOTION to Amend Complaint filed by Plaintiff John Eakin (Attachments: # 1 Proposed Order)(Parnham, Thomas) (Entered: 05/19/2021)
2021-05-2196ADVISORY TO THE COURT by John Eakin . (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2)(Eakin, John) (Entered: 05/21/2021)
2021-05-2897RESPONSE to 96 Advisory to the Court by United States Department of Defense. (Attachments: # 1 Exhibit 1 - May 24, 2021 Letter)(Parnham, Thomas) (Entered: 05/28/2021)
2021-06-1598STATUS REPORT by United States Department of Defense. (Parnham, Thomas) (Entered: 06/15/2021)
2021-09-0899Opposed MOTION to Compel Production of Documents by John Eakin. (Attachments: # 1 Proposed Order)(Eakin, John) (Entered: 09/08/2021)
2021-09-11100Unopposed MOTION for Extension of Time to File Response/Reply as to 99 Opposed MOTION to Compel Production of Documents by United States Department of Defense. (Attachments: # 1 Proposed Order)(Parnham, Thomas) (Entered: 09/11/2021)
2021-09-13101ORDER granting 100 Motion for Extension of Time to File Response/Reply. Response due by 09/22/2021. Signed by Judge Royce C. Lamberth on 09/13/2021. (lcrcl1) (Entered: 09/13/2021)
2021-09-22102Response in Opposition to Motion, filed by United States Department of Defense, re 99 Opposed MOTION to Compel Production of Documents filed by Plaintiff John Eakin (Attachments: # 1 Exhibit 1, # 2 Declaration of Major General Thomas R. Drew, # 3 Declaration of Cheryl M. Holm, # 4 Proposed Order)(Parnham, Thomas) (Entered: 09/22/2021)
2021-10-29103STATUS REPORT by United States Department of Defense. (Parnham, Thomas) (Entered: 10/29/2021)
2021-11-10104STATUS REPORT by United States Department of Defense. (Parnham, Thomas) (Entered: 11/10/2021)
2021-11-30105STATUS REPORT by United States Department of Defense. (Parnham, Thomas) (Entered: 11/30/2021)
2021-11-30106Unopposed MOTION for Leave to File Motion to Withdraw Motion to Compel Production of Documents by John Eakin. (Attachments: # 1 Exhibit Motion To Withdraw Motion to Compel, # 2 Proposed Order)(Eakin, John) (Entered: 11/30/2021)
2021-12-01107ORDER GRANTING Unopposed Motion 106 for Leave to Withdraw Motion and DISMISSING Motion 99 to Compel. Signed by Judge Royce C. Lamberth on 12/01/2021. (lcrcl1) (Entered: 12/01/2021)
2022-02-25108STATUS REPORT by United States Department of Defense. (Parnham, Thomas) (Entered: 02/25/2022)
2022-02-28109ADVISORY TO THE COURT by United States Department of Defense . (Attachments: # 1 Exhibit 1)(Parnham, Thomas) (Entered: 02/28/2022)
2022-03-02110MEMORANDUM OPINION AND ORDER re 94 Motion to Amend Complaint, filed by John Eakin. Signed by Judge Royce C. Lamberth. (mgr) (Entered: 03/03/2022)
2022-03-02111SECOND AMENDED COMPLAINT against United States Department of Defense amending 1 Complaint, 64 Amended Complaint., filed by John Eakin.(mgr) (Additional attachment(s) added on 3/3/2022: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (mgr). (Entered: 03/03/2022)
2022-03-02112ORDER --It is further ORDERED that the United States shall file its Answer to Eakin's Second Amended Complaint by March 15, 2022. It is further ORDERED that the parties shall meet, confer, and file a joint report with aproposed schedule for production of Individual Deceased Personnel Files (" IDPFs") beginning with the last names M-Z by March 15, 2022, ( Status In-Person Conference set for 3/17/2022 3:00 PM before Judge Royce C. Lamberth,). Signed by Judge Royce C. Lamberth. (mgr) (Entered: 03/03/2022)
2022-03-14113ANSWER to 111 Amended Complaint by United States Department of Defense.(Parnham, Thomas) (Entered: 03/14/2022)
2022-03-14114STATUS REPORT (Joint Report in Response to ECF No. 112) by United States Department of Defense. (Parnham, Thomas) (Entered: 03/14/2022)
2022-03-16115ORDER, ( Status Conference reset for 3/25/2022 3:00 PM before Judge Royce C. Lamberth,),. Signed by Judge Royce C. Lamberth. (mgr) (Entered: 03/16/2022)
2022-03-16Set Hearings: Status Conference set for 3/25/2022 2:30 PM before Judge Royce C. Lamberth per Order 115 (bc) (Entered: 03/17/2022)
2022-03-25116Minute Entry for proceedings held before Judge Royce C. Lamberth: Status Conference held on 3/25/2022 (Minute entry documents are not available electronically.). (Court Reporter Tish Moncivais.)(nm) (Entered: 03/25/2022)
2022-04-08117Opposed MOTION to Stay (Open America) by United States Department of Defense. (Attachments: # 1 Exhibit 1 - Declaration of COL Daniel E. Gilbert, # 2 Proposed Order)(Parnham, Thomas) (Entered: 04/08/2022)
2022-04-15118Response in Opposition to Motion, filed by John Eakin, re 117 Opposed MOTION to Stay (Open America) filed by Defendant United States Department of Defense (Attachments: # 1 Exhibit Extract from IDPF, # 2 Proposed Order)(Eakin, John) (Entered: 04/15/2022)
2022-04-22119REPLY to Response to Motion, filed by United States Department of Defense, re 117 Opposed MOTION to Stay (Open America) filed by Defendant United States Department of Defense (Parnham, Thomas) (Entered: 04/22/2022)
2022-07-08120MEMORANDUM OPINION AND ORDER re 117 Motion to Stay filed by United States Department of Defense. Signed by Judge Royce C. Lamberth. (mgr) (Entered: 07/08/2022)
2022-07-08121ORDER GRANTING IN PART AND DENYING IN PART 117 Opposed MOTION to Stay (Open America) by United States Department of Defense ( Status Report due by 8/8/2022,). Signed by Judge Royce C. Lamberth. (mgr) (Entered: 07/08/2022)
2022-08-04122STATUS REPORT by United States Department of Defense. (Parnham, Thomas) (Entered: 08/04/2022)
2022-09-06123STATUS REPORT by United States Department of Defense. (Parnham, Thomas) (Entered: 09/06/2022)
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