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Case TitleNAUMES v. DEPARTMENT OF THE ARMY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv01670
Date Filed2021-06-22
Date Closed2022-12-19
JudgeJudge James E. Boasberg
PlaintiffSARAH KATHERINE NAUMES
Case DescriptionSarah Katherine Naumes submitted a FOIA request to the Department of the Army for records concerning all versions of the Global Assessment Tool questionnaire from 2008 to the present. The agency acknowledged receipt of the request. The agency then told Naumes it was administratively closing her request. After hearing nothing further from the agency, Naumes files suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantDEPARTMENT 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
Complaint attachment 14
Complaint attachment 15
Complaint attachment 16
Complaint attachment 17
Complaint attachment 18
Opinion/Order [16]
Opinion/Order [32]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-06-221COMPLAINT against DEPARTMENT OF THE ARMY ( Filing fee $ 402 receipt number ADCDC-8546401) filed by SARAH KATHERINE NAUMES. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Army, # 3 Summons USAG, # 4 Summons USAO, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F, # 11 Exhibit G, # 12 Exhibit H, # 13 Exhibit I, # 14 Exhibit J, # 15 Exhibit K, # 16 Exhibit L, # 17 Exhibit M, # 18 Exhibit N)(Sorenson, C.) (Attachment 1 replaced on 6/23/2021) (adh, ). (Entered: 06/22/2021)
2021-06-22Case Assigned to Judge James E. Boasberg. (zsb) (Entered: 06/22/2021)
2021-06-232SUMMONS (3) Issued Electronically as to DEPARTMENT OF THE ARMY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(adh, ) (Entered: 06/23/2021)
2021-07-213NOTICE of Appearance by Jessica B. Colsia on behalf of DEPARTMENT OF THE ARMY (Colsia, Jessica) (Entered: 07/21/2021)
2021-07-264ANSWER to Complaint by DEPARTMENT OF THE ARMY.(Colsia, Jessica) (Entered: 07/26/2021)
2021-07-265Joint STATUS REPORT by DEPARTMENT OF THE ARMY. (Colsia, Jessica) (Entered: 07/26/2021)
2021-07-26MINUTE ORDER: The Court ADOPTS the parties' 5 Joint Status Report and ORDERS that they shall file a further joint status report by September 17, 2021. So ORDERED by Judge James E. Boasberg on 07/26/2021. (lcjeb1) (Entered: 07/26/2021)
2021-07-26Set/Reset Deadlines: Joint Status Report due by 9/17/2021. (nbn) (Entered: 07/27/2021)
2021-09-076Joint STATUS REPORT by DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Colsia, Jessica) (Entered: 09/07/2021)
2021-09-07MINUTE ORDER: The Court ADOPTS the parties' 6 Joint Status Report and ORDERS that: 1) Defendant shall file its Motion for Summary Judgment by October 26, 2021; 2) Plaintiff shall file her Cross-Motion for Summary Judgment and Opposition by November 23, 2021; 3) Defendant shall file its Opposition and Reply by December 21, 2021; and 4) Plaintiff shall file her Reply by January 14, 2022. So ORDERED by Judge James E. Boasberg on 9/7/2021. (lcjeb3) (Entered: 09/07/2021)
2021-09-07Set/Reset Deadlines: Summary Judgment motions due by 10/26/2021. Response to Motion for Summary Judgment due by 11/23/2021. Cross Motions due by 11/23/2021. Reply to Motion for Summary Judgment due by 12/21/2021. Response to Cross Motions due by 12/21/2021. Reply to Cross Motions due by 1/14/2022. (nbn) (Entered: 09/08/2021)
2021-10-267MOTION for Summary Judgment by DEPARTMENT OF THE ARMY. (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Exhibit 3 - Declaration, # 4 Exhibit 4 - Vaughn Index, # 5 Text of Proposed Order)(Colsia, Jessica) (Entered: 10/26/2021)
2021-11-198CERTIFICATE OF SERVICE by SARAH KATHERINE NAUMES . (Sorenson, C.) (Entered: 11/19/2021)
2021-11-1911RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/28/2021. ( Answer due for ALL FEDERAL DEFENDANTS by 7/28/2021.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/1/2021., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF THE ARMY served on 6/28/2021. (See Docket Entry 8 to view document) (ztth) (Entered: 11/24/2021)
2021-11-239RESPONSE re 7 MOTION for Summary Judgment filed by SARAH KATHERINE NAUMES. (Attachments: # 1 Declaration Sarah Naumes, # 2 Exhibit 101, # 3 Exhibit 102, # 4 Exhibit 103, # 5 Exhibit 104, # 6 Exhibit 105, # 7 Exhibit 106, # 8 Exhibit 107, # 9 Exhibit 108, # 10 Exhibit 109, # 11 Exhibit 110, # 12 Exhibit 111, # 13 Exhibit 112, # 14 Exhibit 113, # 15 Exhibit 114, # 16 Exhibit 115, # 17 Exhibit 116, # 18 Exhibit 117, # 19 Statement of Facts, # 20 Memorandum in Support, # 21 Text of Proposed Order)(Sorenson, C.) (Entered: 11/23/2021)
2021-11-2310Cross MOTION for Summary Judgment by SARAH KATHERINE NAUMES. (Attachments: # 1 Declaration Sarah Naumes, # 2 Exhibit 101, # 3 Exhibit 102, # 4 Exhibit 103, # 5 Exhibit 104, # 6 Exhibit 105, # 7 Exhibit 106, # 8 Exhibit 107, # 9 Exhibit 108, # 10 Exhibit 109, # 11 Exhibit 110, # 12 Exhibit 111, # 13 Exhibit 112, # 14 Exhibit 113, # 15 Exhibit 114, # 16 Exhibit 115, # 17 Exhibit 116, # 18 Exhibit 117, # 19 Statement of Facts, # 20 Memorandum in Support, # 21 Text of Proposed Order)(Sorenson, C.) (Entered: 11/23/2021)
2021-12-2112REPLY to opposition to motion re 7 MOTION for Summary Judgment filed by DEPARTMENT OF THE ARMY. (Attachments: # 1 Declaration)(Colsia, Jessica) (Entered: 12/21/2021)
2021-12-2113Memorandum in opposition to re 10 Cross MOTION for Summary Judgment filed by DEPARTMENT OF THE ARMY. (Attachments: # 1 Declaration)(Colsia, Jessica) (Entered: 12/21/2021)
2022-01-1414REPLY to opposition to motion re 10 Cross MOTION for Summary Judgment filed by SARAH KATHERINE NAUMES. (Sorenson, C.) (Entered: 01/14/2022)
2022-02-2815ORDER: For the reasons set forth in the accompanying Memorandum Opinion, the Court ORDERS that: 1) Defendant's Motion for Summary Judgment and Plaintiff's Cross-Motion for Summary Judgment are GRANTED IN PART and DENIED IN PART; 2) Defendant shall search for and release the pages offering Spiritual, Family Fitness, Social Fitness, and Physical Fitness Dimension Recommendations by March 14, 2022; 3) Defendant shall release the GAT survey questions that derive from sources available to the general public by March 14, 2022; 4) Defendant shall contact the copyright holders for the survey questions in the remaining non-public sources and inform the Court as to their position on release by March 14, 2022; and 5) Defendant shall provide supplemental briefing as to how the GAT survey questions are assembled from the underlying sources by March 14, 2022. Signed by Judge James E. Boasberg on 2/28/2022. (lcjeb2) (Entered: 02/28/2022)
2022-02-2816MEMORANDUM OPINION re. Order 15 on Cross-Motions for Summary Judgment. Signed by Judge James E. Boasberg on 2/28/2022. (lcjeb2) (Entered: 02/28/2022)
2022-02-28Set/Reset Deadlines: Defendant shall search for and release the pages offering Spiritual, Family Fitness, Social Fitness, and Physical Fitness Dimension Recommendations by March 14, 2022; Defendant shall release the GAT survey questions that derive from sources available to the general public by March 14, 2022; Defendant shall contact the copyright holders for the survey questions in the remaining non-public sources and inform the Court as to their position on release by March 14, 2022; and Defendant shall provide supplemental briefing as to how the GAT survey questions are assembled from the underlying sources by March 14, 2022. (nbn) (Entered: 03/01/2022)
2022-03-1417NOTICE of Appearance by John Haberland on behalf of DEPARTMENT OF THE ARMY (Haberland, John) (Entered: 03/14/2022)
2022-03-1418SUPPLEMENTAL MEMORANDUM to re 15 Order on Motion for Summary Judgment,,,,,,, filed by DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit, # 3 Exhibit, # 4 Appendix)(Haberland, John) (Entered: 03/14/2022)
2022-03-1419WITHDRAWN PURSUANT TO NOTICE FILED ON 3/18/2022.....MOTION to Stay Production of Recommendations by DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John); Modified on 3/18/2022 (ztth). (Entered: 03/14/2022)
2022-03-1820WITHDRAWAL of Motion by DEPARTMENT OF THE ARMY re 19 MOTION to Stay Production of Recommendations filed by DEPARTMENT OF THE ARMY . (Haberland, John) (Entered: 03/18/2022)
2022-03-1821SUPPLEMENTAL MEMORANDUM to 15 Order on Motion for Summary Judgment, filed by DEPARTMENT OF THE ARMY. See Docket Entry 20 to view document. (ztth) (Entered: 03/18/2022)
2022-03-21MINUTE ORDER: In light of Defendant's 18 Supplemental Memorandum, the Court ORDERS that Plaintiff shall respond by April 4, 2022. The Court further ORDERS that Defendant shall file a status report regarding further responses from copyright holders by April 20, 2022. So ORDERED by Judge James E. Boasberg on 3/21/2022. (lcjeb2) (Entered: 03/21/2022)
2022-03-21Set/Reset Deadlines: Responses due by 4/4/2022. Status Report due by 4/20/2022. (znbn) (Entered: 03/21/2022)
2022-04-0422RESPONSE re 19 MOTION to Stay Production of Recommendations filed by SARAH KATHERINE NAUMES. (Attachments: # 1 Declaration Second Decl Naumes)(Sorenson, C.) (Entered: 04/04/2022)
2022-04-11MINUTE ORDER: Having reviewed the parties' 18 and 22 supplemental submissions, the Court ORDERS that Defendant shall submit a further status report regarding its ongoing contact with the copyright holders by May 11, 2022. In the interim, Defendant shall provide to Plaintiff any questions derived from sources where the copyright holder has already consented to release per the Appendix attached to the [18-2] Declaration of Major Carrie Donoho. So ORDERED by Judge James E. Boasberg on 4/11/2022. (lcjeb2) (Entered: 04/11/2022)
2022-04-11Set/Reset Deadlines: Status Report due by 5/11/2022. (nbn) (Entered: 04/12/2022)
2022-05-1023STATUS REPORT by DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit, # 3 Exhibit)(Haberland, John) (Entered: 05/10/2022)
2022-05-10MINUTE ORDER: The Court ADOPTS Defendant's 23 Status Report and ORDERS that it shall file a further joint status report by June 10, 2022. So ORDERED by Judge James E. Boasberg on 5/10/2022. (lcjeb2) (Entered: 05/10/2022)
2022-05-10Set/Reset Deadlines: Joint Status Report due by 6/10/2022. (nbn) (Entered: 05/11/2022)
2022-06-0924Joint STATUS REPORT by DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 06/09/2022)
2022-06-10MINUTE ORDER: The Court ADOPTS the parties' Joint 24 Status Report and proposed briefing schedule. The Court ORDERS that: 1) Defendant will file its Motion to Dismiss by August 5, 2022; 2) Plaintiff will file her Opposition to Defendant's Motion by September 7, 2022; 3) Defendant will file its Reply by September 23, 2022; and 4) The parties will file a Joint Status Report by November 1, 2022. So ORDERED by Judge James E. Boasberg on 6/10/2022. (lcjeb2) (Entered: 06/10/2022)
2022-06-10Set/Reset Deadlines: Dispositive Motions due by 8/5/2022. Response to Dispositive Motions due by 9/7/2022. Reply to Dispositive Motions due by 9/23/2022. Joint Status Report due by 11/1/2022 (lsj) (Entered: 06/10/2022)
2022-08-0525Second MOTION for Summary Judgment by DEPARTMENT OF THE ARMY. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order, # 4 Exhibit)(Haberland, John) (Entered: 08/05/2022)
2022-08-2326Unopposed MOTION for Extension of Time to file Plaintiff's Opposition and Defendant's Reply by SARAH KATHERINE NAUMES. (Attachments: # 1 Text of Proposed Order)(Sorenson, C.) (Entered: 08/23/2022)
2022-08-24MINUTE ORDER GRANTING Consent 26 Motion for Extension of Time. The Court ORDERS that: 1) Plaintiff shall file its Opposition to Defendant's Motion for Summary Judgment by October 11, 2022; and 2) Defendant shall file its Reply to Plaintiff's Opposition by November 1, 2022. So ORDERED by Judge James E. Boasberg on 8/24/2022. (lcjeb2) (Entered: 08/24/2022)
2022-08-24Set/Reset Deadlines: Response to Motion for Summary Judgment due by 10/11/2022. Reply to Motion for Summary Judgment due by 11/1/2022. (nbn) (Entered: 08/24/2022)
2022-09-2827Joint MOTION for Extension of Time to file JSR by DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 09/28/2022)
2022-09-28MINUTE ORDER: The Court ORDERS that: 1) The Joint 27 Motion for Extension of Time is GRANTED; and 2) The Court ORDERS that the parties shall file a joint status report by January 4, 2023. So ORDERED by Judge James E. Boasberg on 9/28/2022. (lcjeb2) (Entered: 09/28/2022)
2022-09-28Set/Reset Deadlines: Joint Status Report due by 1/4/2023. (nbn) (Entered: 09/29/2022)
2022-10-1128Memorandum in opposition to re 25 Motion for Summary Judgment filed by SARAH KATHERINE NAUMES. (Attachments: # 1 Text of Proposed Order, # 2 Statement of Facts, # 3 Declaration of Dr. MacLeish, # 4 Declaration of Dr. Martin, # 5 Declaration of Dr. Kieran, # 6 Declaration of Ms. Naumes, # 7 Exhibit 301, # 8 Exhibit 302, # 9 Exhibit 303, # 10 Exhibit 304, # 11 Exhibit 305)(Sorenson, C.) (Entered: 10/11/2022)
2022-10-2429Consent MOTION for Extension of Time to File Response/Reply as to 25 Second MOTION for Summary Judgment by DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 10/24/2022)
2022-10-24MINUTE ORDER: The Court ORDERS that: 1) The Consent 29 Motion for Extension of Time is GRANTED; 2) Defendant shall file its reply in support of its motion for summary judgment by November 23, 2022; and 3) The parties shall file a joint status report by February 3, 2023. So ORDERED by Judge James E. Boasberg on 10/24/2022. (lcjeb2) (Entered: 10/24/2022)
2022-10-24Set/Reset Deadlines: Response to Motion for Summary Judgment due by 11/23/2022. Reply to Motion for Summary Judgment due by 2/3/2023. (nbn) (Entered: 10/25/2022)
2022-11-2230REPLY to opposition to motion re 25 Motion for Summary Judgment filed by DEPARTMENT OF THE ARMY. (Haberland, John) Modified docket relationship on 11/22/2022 (zed). (Entered: 11/22/2022)
2022-12-07MINUTE ORDER: The Court ORDERS that the parties shall appear for a hearing via zoom on Defendant's Second Motion for Summary Judgment on December 14, 2022, at 2:00 p.m. The parties shall be prepared to address issues regarding Fair Use as well as the ramifications of Plaintiff's obtaining the full and unredacted GAT, as discussed in her Opposition at page 22. So ORDERED by Judge James E. Boasberg on 12/7/2022. (lcjeb1) (Entered: 12/07/2022)
2022-12-07Set/Reset Hearings: Motion Hearing set for 12/14/2022 at 02:00 PM in Telephonic/VTC before Judge James E. Boasberg. (nbn) (Entered: 12/07/2022)
2022-12-14Minute Entry for proceedings held before Judge James E. Boasberg: Motion Hearing held via Zoom on 12/14/2022 re 25 Second MOTION for Summary Judgment filed by DEPARTMENT OF THE ARMY. Oral arguments heard. (Court Reporter Lisa Griffith) (nbn) (Entered: 12/14/2022)
2022-12-1931ORDER: For the reasons set forth in the accompanying Memorandum Opinion, the Court ORDERS that: 1) Defendant's Renewed Motion for Summary Judgment is GRANTED; and 2) Judgment is ENTERED in favor of Defendant. Signed by Judge James E. Boasberg on 12/19/2022. (lcjeb1) (Entered: 12/19/2022)
2022-12-1932MEMORANDUM OPINION re. 31 Order on Renewed Motion for Summary Judgment. Signed by Judge James E. Boasberg on 12/19/2022. (lcjeb1) (Entered: 12/19/2022)
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