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Case TitlePalen v. Austin
DistrictEastern District of Virginia
CityAlexandria
Case Number1:2022cv01359
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 Defense for records concerning communications in which he was discussed between named National Guard Bureau members who were collateral witnesses to his security clearance review. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Palen filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantLloyd J. Austin, III
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-11-291Complaint ( Filing fee $ 402, receipt number AVAEDC-8683759.), filed by Joseph C Palen. (Attachments: # 1 Civil Cover Sheet)(Pristera, Brian) (Entered: 11/29/2022)
2022-11-292EXHIBIT A by Joseph C Palen.. (Attachments: # 1 Exhibit B, # 2 Exhibit C, # 3 Exhibit D, # 4 Exhibit E, # 5 Exhibit F, # 6 Exhibit G, # 7 Exhibit H)(Pristera, Brian) (Entered: 11/29/2022)
2022-11-293Proposed Summons by Joseph C Palen. (Attachments: # 1 Supplement, # 2 Supplement)(Pristera, Brian) (Entered: 11/29/2022)
2022-11-29Initial Case Assignment to District Judge Patricia Tolliver Giles and Magistrate Judge Lindsey R. Vaala. (swil) (Entered: 11/30/2022)
2022-11-304Summons Issued as to Lloyd J. Austin, III, 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 Summons Notice)(swil) (Entered: 11/30/2022)
2022-12-055SUMMONS Returned Executed by Joseph C Palen. Lloyd J. Austin, III served on 12/5/2022, answer due 2/3/2023. (Attachments: # 1 Supplement, # 2 Supplement)(Pristera, Brian) (Entered: 12/05/2022)
2022-12-166MOTION for Extension of Time to File Answer re 1 Complaint by Lloyd J. Austin, III. (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) Modified on 12/22/2022 (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 Lloyd J. Austin, III (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)
2023-01-1310ANSWER to Complaint by Lloyd J. Austin, III.(Fuchs, Yuri) (Entered: 01/13/2023)
2023-01-2011STATUS REPORT by Lloyd J. Austin, III. (Attachments: # 1 Proposed Order)(Fuchs, Yuri) (Entered: 01/20/2023)
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by FOIA Project Staff
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