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Case TitleGIBBS v. DEPARTMENT OF THE ARMY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv02083
Date Filed2022-07-14
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffCALVIN GIBBS STAFF SERGEANT, United States Army
Case DescriptionSgt Calvin Gibbs submitted a FOIA request to the Department of Army for records concerning the audio tape of the Army Clemency and Parole Board for himself. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Gibbs filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantDEPARTMENT OF ARMY
101 Army Pentagon
Washington, DC
DefendantDEPARTMENT OF THE ARMY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-07-141COMPLAINT against DEPARTMENT OF ARMY ( Filing fee $ 402 receipt number ADCDC-9372182) filed by CALVIN GIBBS. (Attachments: # 1 Civil Cover Sheet, # 2 Civil Cover Sheet, # 3 Summons Dept. of the Army, # 4 Summons US Attorney for DC, # 5 Summons Dept. of Justice)(Maher, John) Modified on 7/18/2022 to edit description of attachment #2 (znmg). (Entered: 07/14/2022)
2022-07-18NOTICE OF ERROR re 1 Complaint; emailed to john@maherlegalservices.com, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Noncompliance with LCvR 5.1(c). Please file an errata correcting the initiating pleading to include the name & full residence address of each party using the event Errata., 2. Attorney is provisional. Please renew your membership. See https://www.dcd.uscourts.gov/attorney-admissions-and-renewal-information., 3. Missing/incorrect summonses. Please submit using the event Request for Summons to issue., 4. Missing Related Case form. Please submit using the event Notice of Related Case., 5. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (znmg, ) (Entered: 07/18/2022)
2022-07-182ENTERED IN ERROR.....REQUEST FOR SUMMONS TO ISSUE filed by CALVIN GIBBS.(Maher, John) Modified on 7/19/2022 (znmg). (Entered: 07/18/2022)
2022-07-183ENTERED IN ERROR.....REQUEST FOR SUMMONS TO ISSUE filed by CALVIN GIBBS.(Maher, John) Modified on 7/19/2022 (znmg). (Entered: 07/18/2022)
2022-07-184ENTERED IN ERROR.....REQUEST FOR SUMMONS TO ISSUE filed by CALVIN GIBBS.(Maher, John) Modified on 7/19/2022 (znmg). (Entered: 07/18/2022)
2022-07-185NOTICE OF RELATED CASE by CALVIN GIBBS. Case related to Case No. 5:20-cv-03041-JWL. (Maher, John) (Entered: 07/18/2022)
2022-07-186ERRATA by CALVIN GIBBS. (Maher, John) (Entered: 07/18/2022)
2022-07-187REQUEST FOR SUMMONS TO ISSUE filed by CALVIN GIBBS.(Maher, John) (Entered: 07/18/2022)
2022-07-188REQUEST FOR SUMMONS TO ISSUE filed by CALVIN GIBBS.(Maher, John) (Entered: 07/18/2022)
2022-07-189REQUEST FOR SUMMONS TO ISSUE filed by CALVIN GIBBS.(Maher, John) (Entered: 07/18/2022)
2022-07-19NOTICE OF ERROR regarding 4 Request for Summons to Issue, 3 Request for Summons to Issue, 2 Request for Summons to Issue. The following error(s) were found: incorrect summons was uploaded. No action is needed; request for summons were filed at ECF 7 - 9 .(znmg) (Entered: 07/19/2022)
2022-07-19Case Assigned to Judge Colleen Kollar-Kotelly. (znmg) (Entered: 07/19/2022)
2022-07-1910SUMMONS (3) Issued Electronically as to DEPARTMENT OF THE ARMY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(znmg) (Entered: 07/19/2022)
2022-08-2411NOTICE of Appearance by John Haberland on behalf of DEPARTMENT OF THE ARMY (Haberland, John) (Entered: 08/24/2022)
2022-08-2412Consent MOTION for Extension of Time to File Answer re 1 Complaint, by DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 08/24/2022)
2022-08-25MINUTE ORDER. The Court is in receipt of Defendant's 12 Consent Motion for Extension of Time, in which Defendant seeks an extension until September 26, 2022 to answer or otherwise respond to the Complaint. Defendant indicates that it has provided a recording in response to Plaintiff's FOIA request which it "believes satisfies Plaintiffs request," that Plaintiff is "reviewing the recording," and that the parties are "discuss[ing] whether there is a need for continued litigation in this matter." Plaintiff consents to the requested extension. The Court GRANTS Defendant's 12 motion nunc pro tunc and orders Defendant to answer or otherwise respond to the Complaint by no later than SEPTEMBER 26, 2022. Signed by Judge Colleen Kollar-Kotelly on 8/25/22. (lcckk3) (Entered: 08/25/2022)
2022-08-2513ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 08/25/2022. (DM) (Entered: 08/25/2022)
2022-08-25Set/Reset Deadlines: Defendant to answer or otherwise respond to the Complaint by no later than 9/26/2022. (dot) (Entered: 08/25/2022)
2022-09-2314MOTION to Dismiss by DEPARTMENT OF THE ARMY. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Declaration, # 4 Exhibit)(Haberland, John) (Entered: 09/23/2022)
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by FOIA Project Staff
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