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Case TitlePalen v. Kendall
DistrictEastern District of Virginia
CityAlexandria
Case Number1:2022cv01352
Date Filed2022-11-29
Date ClosedOpen
JudgeDistrict Judge Patricia Tolliver Giles
PlaintiffJoseph C Palen
Case DescriptionJoseph Palen submitted a FOIA request to the Department of the Air Force for records concerning his security clearance review. The agency acknowledged receipt of the request. The agency told Palen that the processing of his request was nearly finished. However, after hearing nothing further from the agency, Palen filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantFrank Kendall Secretary of the Air Force
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
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Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-11-291Complaint ( Filing fee $ 402, receipt number AVAEDC-8683121.), filed by Joseph C Palen. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E, # 7 Exhibit Exhibit F, # 8 Exhibit Exhibit G, # 9 Exhibit Exhibit H, # 10 Exhibit Exhibit I, # 11 Exhibit Exhibit J, # 12 Exhibit Exhibit K, # 13 Exhibit Exhibit L, # 14 Exhibit Exhibit M, # 15 Exhibit Exhibit N)(Pristera, Brian) (Entered: 11/29/2022)
2022-11-292Proposed Summons by Joseph C Palen. (Attachments: # 1 Supplement Propose Summons USA EDVA, # 2 Supplement Propose Summons USAG)(Pristera, Brian) (Main Document 2 replaced to correct incorrectly saved PDF fillable form on 11/30/2022) (nneb, ). (Attachment 1 replaced to correct incorrectly saved PDF fillable formon 11/30/2022) (nneb, ). (Attachment 2 replaced to correct incorrectly saved PDF fillable form on 11/30/2022) (nneb, ). Modified on 11/30/2022 (nneb, ). (Entered: 11/29/2022)
2022-11-293Corrected Civil Cover Sheet against Frank Kendall, filed by Joseph C Palen.(Pristera, Brian) Modified on 11/30/2022 (nneb, ). (Entered: 11/29/2022)
2022-11-29Initial Case Assignment to District Judge T. S. Ellis, III and Magistrate Judge Lindsey R. Vaala. (nneb) (Entered: 11/30/2022)
2022-11-304Summons Issued as to Frank Kendall, U.S. Attorney and U.S. Attorney General NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed as to USA or Summons Returned Unexecuted as to USA. (Attachments: # 1 Notice to Attorney)(nneb) (Entered: 11/30/2022)
2022-12-055SUMMONS Returned Executed by Joseph C Palen. Frank Kendall served on 12/5/2022, US Attorney served on 12/5/2022, answer due 2/3/2023, Attorney General served on 12/5/2022. (Attachments: # 1 Supplement, # 2 Supplement)(Pristera, Brian) Modified to ad served and answer dates on 12/7/2022 (nneb, ). (Entered: 12/05/2022)
2022-12-166MOTION for Extension of Time to File Answer re 1 Complaint,, by Frank Kendall. (Attachments: # 1 Proposed Order)(Fuchs, Yuri) (Entered: 12/16/2022)
2022-12-207RESPONSE in Opposition re 6 MOTION for Extension of Time to File Answer re 1 Complaint,, filed by Joseph C Palen. (Pristera, Brian) (Entered: 12/20/2022)
2022-12-21Notice of Correction re 6 MOTION for Extension of Time to File Answer re (1) Complaint, . Notice of Correction re 6 MOTION for Extension of Time to File Answer re 1 Complaint . Unfortunately, the motion was filed without a Notice of Hearing Date that sets the motion for a Friday docket. The filer user has been notified to file a Notice of Hearing Date, or a Notice of Waiver of Oral Argument. (Dest) (Entered: 12/21/2022)
2022-12-218Waiver of re 6 MOTION for Extension of Time to File Answer re 1 Complaint,, of Hearing by Frank Kendall (Fuchs, Yuri) (Entered: 12/21/2022)
2022-12-229ORDERED that the Defendant's Motion for an Enlargement of Time (Dkt. 6) is GRANTED. The defendant shall file its Answer to the Complaint on or before January 13, 2023. Signed by Magistrate Judge Lindsey R. Vaala on 12/22/2022. (nneb) (Entered: 12/22/2022)
2022-12-22Case Reassigned to District Judge Patricia Tolliver Giles. District Judge T. S. Ellis, III no longer assigned to the case. (jlan) (Entered: 12/22/2022)
2023-01-1310ANSWER to Complaint by Frank Kendall.(Fuchs, Yuri) (Entered: 01/13/2023)
2023-01-2011STATUS REPORT by Frank Kendall. (Attachments: # 1 Proposed Order)(Fuchs, Yuri) (Entered: 01/20/2023)
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by FOIA Project Staff
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