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Case TitleMARTINEZ v. U.S. SPECIAL OPERATIONS COMMAND et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv01571
Date Filed2020-06-16
Date ClosedOpen
JudgeJudge Dabney L. Friedrich
PlaintiffFREDDY MARTINEZ
Case DescriptionJournalist Freddy Martinez submitted a FOIA request to U.S. Special Command and the Department of Defense for records concerning the training and use of dogs in military operations. The agency acknowledged receipt of the request. The agency issued a Glomar response neither confirming nor denying the existence of records based on Exemption 1 (national security). Martinez filed an administrative appeal. After hearing nothing further from the agency, Martinez filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. SPECIAL OPERATIONS COMMAND
DefendantU.S. DEPARTMENT OF DEFENSE
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-06-161COMPLAINT against U.S. DEPARTMENT OF DEFENSE, U.S. SPECIAL OPERATIONS COMMAND ( Filing fee $ 400 receipt number ADCDC-7234138) filed by FREDDY MARTINEZ. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Civil Cover Sheet, # 8 Summons)(Burday, Joshua) (Entered: 06/16/2020)
2020-06-162NOTICE of Appearance by Joshua Hart Burday on behalf of FREDDY MARTINEZ (Burday, Joshua) (Entered: 06/16/2020)
2020-06-163NOTICE of Appearance by Matthew Topic on behalf of FREDDY MARTINEZ (Topic, Matthew) (Entered: 06/16/2020)
2020-06-16Case assigned to Judge Dabney L. Friedrich. (zmc) (Entered: 06/16/2020)
2020-06-164SUMMONS (4) Issued Electronically as to U.S. DEPARTMENT OF DEFENSE, U.S. SPECIAL OPERATIONS COMMAND, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmc) (Entered: 06/16/2020)
2020-08-055NOTICE of Appearance by Darrell C. Valdez on behalf of U.S. DEPARTMENT OF DEFENSE, U.S. SPECIAL OPERATIONS COMMAND (Valdez, Darrell) (Entered: 08/05/2020)
2020-08-056Consent MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. DEPARTMENT OF DEFENSE, U.S. SPECIAL OPERATIONS COMMAND (Attachments: # 1 Text of Proposed Order)(Valdez, Darrell) (Entered: 08/05/2020)
2020-08-05MINUTE ORDER granting the defendants' 6 Consent Motion for Extension of Time to Respond to the Complaint. The defendants shall answer or otherwise respond to the 1 Complaint on or before October 5, 2020. So Ordered by Judge Dabney L. Friedrich on August 5, 2020. (lcdlf1) (Entered: 08/05/2020)
2020-08-05Set/Reset Deadlines: Answer due by 10/5/2020, (zjch) (Entered: 08/06/2020)
2020-09-247RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF DEFENSE served on 7/6/2020 (Burday, Joshua) (Entered: 09/24/2020)
2020-09-248RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. SPECIAL OPERATIONS COMMAND served on 7/6/2020 (Burday, Joshua) (Entered: 09/24/2020)
2020-09-249RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/7/2020. (Burday, Joshua) (Entered: 09/24/2020)
2020-09-2410RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/7/2020. Answer due for ALL FEDERAL DEFENDANTS by 8/6/2020. (Burday, Joshua) (Entered: 09/24/2020)
2020-10-0211Consent MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. DEPARTMENT OF DEFENSE, U.S. SPECIAL OPERATIONS COMMAND (Attachments: # 1 Text of Proposed Order)(Valdez, Darrell) (Entered: 10/02/2020)
2020-10-02MINUTE ORDER granting the defendants' 11 Second Consent Motion for an Extension of Time to Respond to the Complaint. The defendants shall answer or otherwise respond to the 1 Complaint on or before November 4, 2020. So Ordered by Judge Dabney L. Friedrich on October 2, 2020. (lcdlf1) (Entered: 10/02/2020)
2020-10-02Set/Reset Deadlines: Answer due by 11/4/2020, (zjch) (Entered: 10/05/2020)
2020-11-0312ANSWER to Complaint by U.S. DEPARTMENT OF DEFENSE, U.S. SPECIAL OPERATIONS COMMAND.(Valdez, Darrell) (Entered: 11/03/2020)
2020-11-04MINUTE ORDER requiring the parties to MEET AND CONFER and file a joint status report proposing a schedule for further proceedings. The status report should address the status of the plaintiff's FOIA request, including the anticipated number of documents responsive to the request and the anticipated date(s) for release of the requested documents. The parties shall file the joint status report on or before November 18, 2020. So Ordered by Judge Dabney L. Friedrich on November 4, 2020. (lcdlf1) (Entered: 11/04/2020)
2020-11-04Set/Reset Deadlines: Status Report due by 11/18/2020 (zjch) (Entered: 11/04/2020)
2020-11-1813Joint STATUS REPORT by FREDDY MARTINEZ. (Attachments: # 1 Text of Proposed Order)(Topic, Matthew) (Entered: 11/18/2020)
2020-11-19MINUTE ORDER. Upon consideration of the parties' 13 Joint Status Report, it is ORDERED that the following schedule shall govern further proceedings: the defendant shall file a motion for summary judgment on or before January 4, 2021; the plaintiff shall file an opposition and cross-motion for summary judgment on or before February 1, 2021; the defendant shall file a reply and opposition to the plaintiff's cross-motion on or before March 1, 2021; and the plaintiff shall file a reply in support of the plaintiff's cross-motion on or before March 22, 2021. So Ordered by Judge Dabney L. Friedrich on November 19, 2020. (lcdlf1) (Entered: 11/19/2020)
2020-11-19Set/Reset Deadlines: Cross Motions due by 2/1/2021. Response to Cross Motions due by 3/1/2021. Reply to Cross Motions due by 3/22/2021. Summary Judgment motions due by 1/4/2021. Response to Motion for Summary Judgment due by 2/1/2021. Reply to Motion for Summary Judgment due by 3/1/2021. (zjch) (Entered: 11/20/2020)
2020-12-2914Consent MOTION for Extension of Time to File Dispositive Motions by U.S. DEPARTMENT OF DEFENSE, U.S. SPECIAL OPERATIONS COMMAND (Attachments: # 1 Text of Proposed Order)(Valdez, Darrell) (Entered: 12/29/2020)
2020-12-30MINUTE ORDER granting the defendants' 14 Consent Motion to Amend Dispositive Motions Schedule. Accordingly, it is ORDERED that the following schedule shall govern further proceedings: the defendants shall file a motion for summary judgment on or before January 18, 2021; the plaintiff shall file an opposition and cross-motion for summary judgment on or before February 15, 2021; the defendants shall file a reply and opposition to the plaintiff's cross-motion on or before March 15, 2021; and the plaintiff shall file a reply in support of the plaintiff's cross-motion on or before April 5, 2021. So Ordered by Judge Dabney L. Friedrich on December 30, 2020. (lcdlf1) (Entered: 12/30/2020)
2020-12-30Set/Reset Deadlines: Response to Cross Motions due by 2/15/2021. Reply to Cross Motions due by 3/15/2021. Discovery due by 4/5/2021. Summary Judgment motions due by 1/18/2021. Response to Motion for Summary Judgment due by 2/15/2021. Reply to Motion for Summary Judgment due by 3/15/2021. (zjch) (Entered: 12/30/2020)
2021-01-1715Consent MOTION for Extension of Time to File Dispositive Motions by U.S. DEPARTMENT OF DEFENSE, U.S. SPECIAL OPERATIONS COMMAND (Attachments: # 1 Text of Proposed Order)(Valdez, Darrell) (Entered: 01/17/2021)
2021-01-18MINUTE ORDER granting the defendants' 15 Second Consent Motion to Amend Dispositive Motions Schedule. Accordingly, it is ORDERED that the following schedule shall govern further proceedings: the defendants shall file a motion for summary judgment on or before February 17, 2021; the plaintiff shall file an opposition and cross-motion for summary judgment on or before March 15, 2021; the defendants shall file a reply and opposition to the plaintiff's cross-motion on or before April 14, 2021; and the plaintiff shall file a reply in support of the plaintiff's cross-motion on or before May 5, 2021. So Ordered by Judge Dabney L. Friedrich on January 18, 2021. (lcdlf1) (Entered: 01/18/2021)
2021-01-18Set/Reset Deadlines: Cross Motions due by 3/15/2021. Response to Cross Motions due by 4/14/2021. Reply to Cross Motions due by 5/5/2021. Summary Judgment motions due by 2/17/2021. Response to Motion for Summary Judgment due by 3/15/2021. Reply to Motion for Summary Judgment due by 4/14/2021. (zjch) (Entered: 01/19/2021)
2021-02-1216Consent MOTION for Extension of Time to file Dispositive Motions by U.S. DEPARTMENT OF DEFENSE, U.S. SPECIAL OPERATIONS COMMAND. (Attachments: # 1 Text of Proposed Order)(Valdez, Darrell) (Entered: 02/12/2021)
2021-02-12MINUTE ORDER. Upon consideration of the defendants' 16 Consent Motion to Amend Dispositive Motions Schedule, it is ORDERED that the motion is GRANTED. Accordingly, the following schedule shall govern further proceedings: the defendants shall file their motion for summary judgment on or before March 3, 2021; the plaintiff shall file an opposition and cross-motion forsummary judgment on or before March 29, 2021; the defendants shall file a reply and opposition to Plaintiff's crossmotion on or before April 28, 2021; and the plaintiff shall file a reply in support of Plaintiff's cross-motion on or before May 19, 2021. So ordered by Judge Dabney L. Friedrich on February 12, 2021. (lcdlf3) (Entered: 02/12/2021)
2021-03-0117Consent MOTION to Vacate Order on Motion for Extension of Time to,,, Set/Reset Deadlines,, to File Dispositive Motions by U.S. DEPARTMENT OF DEFENSE, U.S. SPECIAL OPERATIONS COMMAND. (Attachments: # 1 Text of Proposed Order)(Valdez, Darrell) (Entered: 03/01/2021)
2021-03-01MINUTE ORDER. Upon consideration of the defendants' 17 Consent Motion to Vacate Dispositive Motions Schedule, it is ORDERED that the motion is GRANTED. Accordingly, the deadlines set forth in the Court's February 12, 2021 Minute Order are VACATED. And it is FURTHER ORDERED that the parties shall file a joint status report on or before April 2, 2021. So Ordered by Judge Dabney L. Friedrich on March 1, 2021. (lcdlf1) (Entered: 03/01/2021)
2021-04-0218Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. SPECIAL OPERATIONS COMMAND. (Valdez, Darrell) (Entered: 04/02/2021)
2021-04-02MINUTE ORDER. Upon consideration of the parties' 18 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before May 25, 2021. So Ordered by Judge Dabney L. Friedrich on April 2, 2021. (lcdlf1) (Entered: 04/02/2021)
2021-05-2519Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. SPECIAL OPERATIONS COMMAND. (Valdez, Darrell) (Entered: 05/25/2021)
2021-05-26MINUTE ORDER. Upon consideration of the parties' 19 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before June 25, 2021. So Ordered by Judge Dabney L. Friedrich on May 26, 2021. (lcdlf1) (Entered: 05/26/2021)
2021-06-29MINUTE ORDER. On May 26, 2021, the Court ordered the parties to file a joint status report on or before June 25, 2021. They have not yet done so. Accordingly, it is ORDERED that the parties shall file a joint status report on or before July 1, 2021. So Ordered by Judge Dabney L. Friedrich on June 29, 2021. (lcdlf1) (Entered: 06/29/2021)
2021-06-29Set/Reset Deadlines: Status Report due by 7/1/2021 (zjch) (Entered: 06/30/2021)
2021-06-3020Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE, U.S. SPECIAL OPERATIONS COMMAND. (Valdez, Darrell) (Entered: 06/30/2021)
2021-06-30MINUTE ORDER. Upon consideration of the parties' 20 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before July 25, 2021, if a stipulation of dismissal is not filed before then. So Ordered by Judge Dabney L. Friedrich on June 30, 2021. (lcdlf1) (Entered: 06/30/2021)
2021-06-30Set/Reset Deadlines: Status Report due by 7/25/2021 (zjch) (Entered: 06/30/2021)
2021-07-2321STIPULATION of Dismissal by FREDDY MARTINEZ. (Topic, Matthew) (Entered: 07/23/2021)
2021-08-02MINUTE ORDER dismissing this case with prejudice in light of the parties' 21 Joint Stipulation of Dismissal with Prejudice. See Fed. R. Civ. P. 41(a). The Clerk of Court is directed to close this case. So Ordered by Judge Dabney L. Friedrich on August 2, 2021. (lcdlf1) (Entered: 08/02/2021)
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