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Case TitleBROWN v. DEPARTMENT OF DEFENSE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv02560
Date Filed2020-09-11
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffDAVID W. BROWN
Case DescriptionDavid Brown, a journalist, submitted FOIA requests to the Department of Defense for records concerning Defense Office of Hearings and Appeals pertaining security clearance appeals. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Brown filed suit.
Complaint issues: Failure to respond within statutory time limit, 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

2020-09-111COMPLAINT against DEPARTMENT OF DEFENSE ( Filing fee $ 400 receipt number ADCDC-7583280) filed by DAVID W. BROWN. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(McClanahan, Kelly) (Entered: 09/11/2020)
2020-09-14Case Assigned to Judge Colleen Kollar-Kotelly. (zsb) (Entered: 09/14/2020)
2020-09-152SUMMONS (3) Issued Electronically as to DEPARTMENT OF DEFENSE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 09/15/2020)
2020-09-213ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 09/21/2020. (DM) (Entered: 09/21/2020)
2020-09-244RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/22/2020. ( Answer due for ALL FEDERAL DEFENDANTS by 10/22/2020.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/22/20., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF DEFENSE served on 9/22/2020 (McClanahan, Kelly) (Entered: 09/24/2020)
2020-10-285ANSWER to Complaint by DEPARTMENT OF DEFENSE.(Brudy-Everett, Kristin) (Entered: 10/28/2020)
2020-10-28MINUTE ORDER: The Court has received Defendant's 5 Answer to the Complaint. The parties shall submit by or before DECEMBER 4, 2020, a joint status report addressing how the parties would like to proceed in this case, including the potential for dispositive briefing. Signed by Judge Colleen Kollar-Kotelly on October 28, 2020. (lcckk1) (Entered: 10/28/2020)
2020-12-046Joint STATUS REPORT by DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 12/04/2020)
2020-12-04MINUTE ORDER: The Court has received the parties' 6 Joint Status Report. Therein, the parties note that they have met and conferred regarding the relevant document requests and productions in this case. The parties further note that it is too early to consider a dispositive briefing schedule. Accordingly, the parties shall file another joint status report by or before FEBRUARY 4, 2021 to update the Court on the status of this case. Signed by Judge Colleen Kollar-Kotelly on December 4, 2020. (lcckk1) (Entered: 12/04/2020)
2020-12-04Set/Reset Deadlines: Joint Status Report due by 2/4/2021, to update the Court on the status of this case. (dot) (Entered: 12/07/2020)
2021-02-047Joint STATUS REPORT by DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 02/04/2021)
2021-02-05MINUTE ORDER: The Court has received the parties' 7 Joint Status Report. As proposed therein, the parties shall submit another joint status report by or before MAY 5, 2021, to further apprise the Court of progress in this matter. The parties shall then continue to file periodic joint status reports every sixty days thereafter, until further order from the Court. Signed by Judge Colleen Kollar-Kotelly on February 5, 2021. (lcckk1) (Entered: 02/05/2021)
2021-02-05Set/Reset Deadlines: Joint Status Report due by 5/5/2021, to further apprise the Court of progress in this matter. (dot) (Entered: 02/05/2021)
2021-05-058Joint STATUS REPORT by DEPARTMENT OF DEFENSE. (Brudy-Everett, Kristin) (Entered: 05/05/2021)
2021-07-029NOTICE OF SUBSTITUTION OF COUNSEL by Joseph F. Carilli, Jr on behalf of All Defendants Substituting for attorney Kristin Brudy-Everett (Carilli, Joseph) (Entered: 07/02/2021)
2021-07-0610Joint STATUS REPORT by DEPARTMENT OF DEFENSE. (Carilli, Joseph) (Entered: 07/06/2021)
2021-11-02MINUTE ORDER: The parties shall file a joint status report by or before November 19, 2021, updating the Court on their progress in this case. The parties shall then continue to file periodic joint status reports every 60 days thereafter until further order from the Court. Signed by Judge Colleen Kollar-Kotelly on November 2, 2021. (lcckk1) (Entered: 11/02/2021)
2021-11-02Set/Reset Deadlines: Joint Status Report due by 11/19/2021, updating the Court on their progress in this case. (dot) (Entered: 11/03/2021)
2021-11-1911Joint STATUS REPORT by DEPARTMENT OF DEFENSE. (Carilli, Joseph) (Entered: 11/19/2021)
2021-11-2312NOTICE OF SUBSTITUTION OF COUNSEL by John Moustakas on behalf of DEPARTMENT OF DEFENSE Substituting for attorney Joseph F. Carilli, Jr. (Moustakas, John) (Entered: 11/23/2021)
2022-01-2213Joint STATUS REPORT by DEPARTMENT OF DEFENSE. (Moustakas, John) (Entered: 01/22/2022)
2022-01-2514Joint STATUS REPORT by DEPARTMENT OF DEFENSE. (Moustakas, John) (Entered: 01/25/2022)
2022-04-26MINUTE ORDER: Pursuant to the Court's November 2, 2021 Minute Order, the parties were due to file a joint status report on March 25, 2022, sixty days after their last 14 Joint Status Report, filed January 25, 2022. No such report has been filed. On or before April 29, 2022, the parties shall file their next joint status report and, from that date, additional joint status reports every sixty days thereafter. Signed by Judge Colleen Kollar-Kotelly on April 26, 2022. (lcckk1) (Entered: 04/26/2022)
2022-04-2915Joint STATUS REPORT by DAVID W. BROWN. (McClanahan, Kelly) (Entered: 04/29/2022)
2022-05-02MINUTE ORDER: The Court is in receipt of the parties' 15 Joint Status Report. Therein, the parties "seek permission to file their next Joint Status Report by June 28, 2022," the deadline for the next joint status report as set by the Court in its April 26, 2022 Minute Order. The parties do not need to seek leave to comply with the Court's Minute Orders. Conversely, if the parties intend to request a scheduling change, they must file a motion for relief on the docket pursuant to Fed. R. Civ. P. 7(b). Per the Court's April 26, 2022 Minute Order, the parties shall file their next status report on June 28, 2022 and every sixty days thereafter. Signed by Judge Colleen Kollar-Kotelly on May 2, 2022. (lcckk1) (Entered: 05/02/2022)
2022-05-02Set/Reset Deadlines: Joint Status Report due by 6/28/2022. (dot) (Entered: 05/03/2022)
2022-07-0116Joint MOTION for Extension of Time to File Joint Status Report by DEPARTMENT OF DEFENSE. (Moustakas, John) (Entered: 07/01/2022)
2022-07-08MINUTE ORDER: Before the Court is the parties' 16 Joint Motion for Leave to Late File Joint Status Report. The parties represent that, in the midst of settlement negotiations, they neglected to timely file their joint status report, due June 28, 2022. Accordingly, the parties request leave to late file that joint status report. Upon good cause shown, the parties' 16 Joint Motion for Leave to Late File Joint Status Report is GRANTED and the attached joint status report is accepted as timely filed nunc pro tunc . The Courts May 2, 2022 Minute Order directing the parties to file a joint status report every sixty days otherwise stands. Signed by Judge Colleen Kollar-Kotelly on July 7, 2022. (lcckk1) (Entered: 07/08/2022)
2022-09-0917Consent MOTION for Extension of Time to File Joint Status Report by DAVID W. BROWN. (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 09/09/2022)
2022-09-0918Joint STATUS REPORT by DAVID W. BROWN. (McClanahan, Kelly) (Entered: 09/09/2022)
2022-09-14MINUTE ORDER: Before the Court is Plaintiff's 17 Consent Motion for Extension of Time to File Joint Status Report, filed September 9, 2022. The parties' joint status report was due on or before August 29, 2022. Counsel for Plaintiff represents that he forgot to file the Court-ordered joint status report in time due to ongoing settlement negotiations and "the 8 August search of the former President[ Trump's] Florida property (which touches numerous areas of his expertise and has necessitated numerous media interviews)." It does not appear that counsel for Plaintiff has made any filings in that case. Needless to say, when confronted with a choice between an optional media interview and a Court-ordered deadline, an attorney must comply first with the Court-ordered deadline. Nevertheless, counsel for Plaintiff relies mainly on attorney error for his failure to file in time rather than willful neglect. Although attorney error does not normally constitute excusable neglect, the Court shall nevertheless GRANT 17 Consent Motion for Extension of Time to File Joint Status Report given the lack of prejudice arising from the late filing. Therefore, the Court deems the parties' 18 Joint Status Report timely filed, nunc pro tunc . The Court must further note that this is the second time in a row that Plaintiff has failed to comply with the Court's deadlines for joint status reports. Future noncompliance with this Court's orders, if willful, may result in sanctions. Signed by Judge Colleen Kollar-Kotelly on September 14, 2022. (lcckk1) (Entered: 09/14/2022)
2022-10-2819Joint STATUS REPORT by DEPARTMENT OF DEFENSE. (Moustakas, John) (Entered: 10/28/2022)
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