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Case TitleCHEESEMAN v. DEPARTMENT OF DEFENSE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv01743
Date Filed2022-06-17
Date ClosedOpen
JudgeJudge Timothy J. Kelly
PlaintiffBRYAN CHEESEMAN
Case DescriptionBryan Cheeseman submitted a FOIA request to the Defense Intelligence Agency for records concerning records about himself. Cheeseman also requested expedited processing. The agency acknowledged request of the request and asked Cheeseman to clarify his request. The agency requested his request for expedited processing. After hearing nothing further from the agency, Cheeseman filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantDEPARTMENT OF DEFENSE
DefendantDEPARTMENT OF THE ARMY
DefendantDEFENSE INTELLIGENCE AGENCY
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-06-171COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-9315417) filed by BRYAN CHEESEMAN. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Civil Cover Sheet, # 12 Summons Department of the Army, # 13 Summons Defense Intelligence Agency, # 14 Summons Department of Defense)(Boss, L.) (Attachment 11 replaced on 6/17/2022) (znmg). Modified on 6/17/2022 to replace fillable civil cover sheet (znmg). (Entered: 06/17/2022)
2022-06-172REQUEST FOR SUMMONS TO ISSUE Amended Summons for DOD re 1 Complaint, filed by BRYAN CHEESEMAN. Related document: 1 Complaint, filed by BRYAN CHEESEMAN.(Boss, L.) (Entered: 06/17/2022)
2022-06-173MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Brett O'Brien, Filing fee $ 100, receipt number ADCDC-9315660. Fee Status: Fee Paid. by BRYAN CHEESEMAN. (Attachments: # 1 Declaration B. O'Brien, # 2 Exhibit Certificate of Good Standing, # 3 Certificate of Service, # 4 Text of Proposed Order)(Boss, L.) (Entered: 06/17/2022)
2022-06-17NOTICE OF ERROR re 1 Complaint; emailed to bboss@cozen.com, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Blank or missing coversheet. Please use the cover sheet at https://www.dcd.uscourts.gov/new-case-forms & file using the event Civil Cover Sheet., 2. No signature. Please file the signed document using the event Errata. All filings must have an original signature or '/s/ Attorney Name' to represent an electronic signature of the filer., 3. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (znmg, ) (Entered: 06/17/2022)
2022-06-17NOTICE OF ERROR re 3 Motion for Leave to Appear Pro Hac Vice; emailed to bboss@cozen.com, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. The Declaration does not have an original signature. Please file the signed document using the event Errata. All Declarations must have an original signature., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (znmg, ) (Entered: 06/17/2022)
2022-06-214CIVIL COVER SHEET by BRYAN CHEESEMAN filed by BRYAN CHEESEMAN.(Boss, L.) (Entered: 06/21/2022)
2022-06-215ERRATA Declaration of Brett O'Brien by BRYAN CHEESEMAN re 3 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Brett O'Brien, Filing fee $ 100, receipt number ADCDC-9315660. Fee Status: Fee Paid. filed by BRYAN CHEESEMAN. (Boss, L.) (Entered: 06/21/2022)
2022-06-22NOTICE OF ERROR re 1 Complaint; emailed to bboss@cozen.com, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. No signature. Please file the signed document using the event Errata. All filings must have an original signature or '/s/ Attorney Name' to represent an electronic signature of the filer., 2. See Notice of Error re: missing signature (complaint) entered 06/17/2022., 3. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (znmg, ) (Entered: 06/22/2022)
2022-06-226ERRATA Complaint by BRYAN CHEESEMAN. (Boss, L.) (Entered: 06/22/2022)
2022-06-23Case Assigned to Judge Timothy J. Kelly. (znmg) (Entered: 06/23/2022)
2022-06-237SUMMONS (3) Issued Electronically as to DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE ARMY. (Attachment: # 1 Notice and Consent)(znmg) (Entered: 06/23/2022)
2022-07-088RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEFENSE INTELLIGENCE AGENCY served on 6/27/2022 (Attachments: # 1 Certificate of Service Proof of Service receipts)(O'Brien, Brett) (Entered: 07/08/2022)
2022-07-089RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF THE ARMY served on 6/24/2022 (Attachments: # 1 Certificate of Service proof of service receipt)(O'Brien, Brett) (Entered: 07/08/2022)
2022-07-0815RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/5/2022., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/27/2022. ( Answer due for ALL FEDERAL DEFENDANTS by 7/27/2022.) (See Docket Entry 8 to view document) (ztth) (Entered: 08/19/2022)
2022-07-2010NOTICE OF WITHDRAWAL OF APPEARANCE as to BRYAN CHEESEMAN. Attorney L. Barrett Boss terminated. (Boss, L.) (Entered: 07/20/2022)
2022-07-2111NOTICE of Appearance by John Haberland on behalf of DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE ARMY (Haberland, John) (Entered: 07/21/2022)
2022-07-22MINUTE ORDER denying Plaintiff's 3 Motion for Admission of Attorney Pro Hac Vice. In the declaration in support of the 3 Motion, Attorney Brett O'Brien states that he is admitted to the District of Columbia Bar and practices from an office located within the District of Columbia. See ECF No. 3-1. But under Local Rule 83.2(c)(2), "[a]n attorney who engages in the practice of law from an office located in the District of Columbia must be a member of the District of Columbia Bar and the Bar of this Court to file papers in this Court." Based on Mr. O'Brien's motion for leave to appear before the Court pro hac vice, it appears that he is not a member of the "Bar of this Court." Thus, it is hereby ORDERED that Plaintiff's 3 Motion is DENIED. Signed by Judge Timothy J. Kelly on 7/22/2022. (lctjk3) (Entered: 07/22/2022)
2022-07-2612Consent MOTION for Extension of Time to File Answer re 1 Complaint,, by DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 07/26/2022)
2022-07-2613ENTERED IN ERROR.....NOTICE of Appearance by Brett John O'Brien on behalf of All Plaintiffs (O'Brien, Brett) Modified on 7/27/2022 duplicate Docket Entry 14 (zjm). (Entered: 07/26/2022)
2022-07-2614NOTICE of Appearance by Brett John O'Brien on behalf of All Plaintiffs (O'Brien, Brett) (Entered: 07/26/2022)
2022-07-27MINUTE ORDER granting Defendants' 12 Consent Motion for Extension of Time. It is hereby ORDERED, for good cause shown, that Defendants' 12 Consent Motion for Extension of Time is GRANTED. Defendants shall answer or otherwise respond to Plaintiff's 1 Complaint by September 26, 2022. Signed by Judge Timothy J. Kelly on 7/27/2022. (lctjk3) (Entered: 07/27/2022)
2022-08-19Set/Reset Deadlines: Answer due by 9/26/2022, (ztth) (Entered: 08/19/2022)
2022-09-2616ANSWER to Complaint by DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE ARMY.(Haberland, John) (Entered: 09/26/2022)
2022-09-29MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall meet, confer, and file a joint proposed schedule for briefing or disclosure by October 28, 2022. Signed by Judge Timothy J. Kelly on 9/29/2022. (lctjk3) (Entered: 09/29/2022)
2022-10-0417Emergency MOTION for Preliminary Injunction DEFENDANTS by BRYAN CHEESEMAN. (Attachments: # 1 Memorandum in Support Memo in Support, # 2 Exhibit Exhibits to Memorandum, # 3 Declaration Attorney Declaration, # 4 Certificate of Service Service Certificate, # 5 Text of Proposed Order Order)(O'Brien, Brett) (Entered: 10/04/2022)
2022-10-04MINUTE ORDER: Upon consideration of Plaintiff's 17 Emergency Motion for Preliminary Injunctive Relief, it is hereby ORDERED that the parties shall appear for a hearing on the Motion for a Temporary Restraining Order on October 5, 2022, at 4:00 p.m. via videoconference. The parties shall contact the Courtroom Deputy at (202) 354-3495 to make arrangements to appear. Signed by Judge Timothy J. Kelly on 10/4/2022. (lctjk3) (Entered: 10/04/2022)
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by FOIA Project Staff
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