Skip to content

Case Detail

[Subscribe to updates]
Case TitleSchmitz v. United States Air Force et al
DistrictDistrict of South Carolina
CityColumbia
Case Number3:2023cv04090
Date Filed2023-08-17
Date ClosedOpen
JudgeHonorable Jacquelyn D Austin
PlaintiffValerie C. Schmitz individually and as Personal Representative of the Estate of David J. Schmitz, deceased
Estate of David J. Schmitz
Case DescriptionValerie Schmitz submitted a FOIA request to the Department of the Air Force for records related to the death of First Lieutenant David Schmitz. The agency acknowledged receipt of the request. The agency denied the request under Exemption 7(A) (interference with ongoing investigation or proceeding). Schmitz filed an administrative appeal of the denial. After hearing nothing further from the agency, Schmitz filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Air Force
DefendantUnited States Department of Defense
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-08-171COMPLAINT against United States Air Force, United States Department of Defense (Filing fee $402 receipt number ASCDC-11273191) filed by Valerie C. Schmitz. Service due by 11/15/2023 (Attachments: # 1 Exhibit A - 5/2/22 FOIA, # 2 Exhibit B - Status email, # 3 Exhibit C - FOIA portal, # 4 Exhibit D - 1/13/22 FOIA, # 5 Exhibit E - Interim Response, # 6 Exhibit F - Final Response, # 7 Exhibit G - Appeal, # 8 Exhibit H - Appeal status, # 9 Exhibit I - 2/9/23 Touhy Request, # 10 Exhibit J - Touhy tracking)(cbru, ) (Main Document 1 replaced on 8/18/2023) (cbru, ). (Entered: 08/18/2023)
2023-08-173Local Rule 26.01 Answers to Interrogatories by Valerie C. Schmitz.(cbru, ) (Entered: 08/18/2023)
2023-08-184Summons Issued as to United States Department of Defense. (cbru, ) (Main Document 4 replaced on 8/18/2023) (cbru, ). (Entered: 08/18/2023)
2023-08-185Summons Issued as to United States Air Force. (cbru, ) (Main Document 5 replaced on 8/18/2023) (cbru, ). (Entered: 08/18/2023)
2023-08-186Summons Issued as to U.S. Attorney General. (cbru, ) (Entered: 08/18/2023)
2023-08-187Summons Issued as to U.S. Attorney. (cbru, ) (Entered: 08/18/2023)
2023-09-218NOTICE of Appearance by Austin Edward McCullough on behalf of United States Air Force, United States Department of Defense (McCullough, Austin) (Entered: 09/21/2023)
2023-10-119ANSWER to 1 Complaint,, by United States Air Force, United States Department of Defense. (McCullough, Austin) Modified to remove attachment and file separately as document 10 on 10/12/2023 (cbru, ). (Entered: 10/11/2023)
2023-10-1110Local Rule 26.01 Answers to Interrogatories by United States Air Force, United States Department of Defense.(cbru, ) (Entered: 10/12/2023)
2023-10-1211CONFERENCE AND SCHEDULING ORDER: Rule 26 Report due by 11/15/2023, Motions to Amend Pleadings due by 12/11/2023, Plaintiff ID of Expert Witness due by 1/9/2024, Defendant ID of Expert Witnesses Due by 2/8/2024, Records Custodian Affidavit due by 2/8/2024, Discovery due by 4/8/2024, Motion in Limine due by 7/22/2024, Motions due by 4/23/2024, Rule 26(a)(3) Disclosures due by 7/8/2024, Jury Selection Deadline 8/12/2024, Mediation Due by 6/24/2024. Signed by Honorable Mary Geiger Lewis on 10/12/2023. (cbru, ) (Entered: 10/12/2023)
2023-10-1212MEDIATION ORDER. Signed by Honorable Mary Geiger Lewis on 10/12/2023. (cbru, ) (Entered: 10/12/2023)
2023-10-1613NOTICE of Request for Protection from Court Appearance by Austin Edward McCullough for November 30 - December 8, 2023 (McCullough, Austin) (Entered: 10/16/2023)
2023-11-1414Joint Rule 26(f) Report by United States Air Force, United States Department of Defense. (Attachments: # 1 Proposed Order)(McCullough, Austin) (Entered: 11/14/2023)
2023-11-2915AMENDED SCHEDULING ORDER: Motions to Amend Pleadings due by 12/11/2023, Proposed Production Schedule due by 12/15/2023, Mediation Due by 6/7/2024, Defendants' Motion due by 6/7/2024, Plaintiff's Cross Motion/Response in Opposition due by 7/5/2024, Defendants' Response in Opposition/Reply to Response due by 7/26/2024, Plaintiff's Reply to Response due by 8/9/2024) Signed by Honorable Mary Geiger Lewis on 11/29/2023. (cbru, ) (Entered: 11/29/2023)
2023-12-1416Joint MOTION to Stay re 15 Order,, Set Deadlines, by United States Air Force, United States Department of Defense. Response to Motion due by 12/28/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(McCullough, Austin) (Entered: 12/14/2023)
2023-12-1817TEXT ORDER: The parties' 16 joint motion for a stay is GRANTED IN PART. This matter is hereby STAYED until March 18, 2024. On March 18, 2024, the parties shall file a joint status report updating the Court on the status of the government enforcement proceedings. At that time, if appropriate, they may move for an extension of the stay. IT IS SO ORDERED. (Status Report due by 3/18/2024) Signed by Honorable Mary Geiger Lewis on 12/18/2023. (cbru, ) (Entered: 12/18/2023)
2024-02-1319Case Reassigned to Judge Honorable Jacquelyn D Austin. Judge Honorable Mary Geiger Lewis no longer assigned to the case. (dist, ) (Entered: 02/13/2024)
2024-02-2620STATUS REPORT and Motion to Stay (Joint) by United States Air Force, United States Department of Defense. (McCullough, Austin) (Main Document 20 replaced on 2/28/2024 per request of filer to correct signature date) (jtho, ). (Entered: 02/26/2024)
2024-02-2721***CASE MANAGEMENT TRANSFERRED to civil case manager for Judge Jacquelyn D. Austin. Any future filings must be sent to the Clerk's Office at the following address: Matthew J. Perry, Jr. U.S. Courthouse, 901 Richland Street, Columbia, SC 29201. (ahil) (Entered: 02/27/2024)
2024-02-2722TEXT ORDER granting 20 motion to stay. The parties shall file a joint status report with the Court every 90 days or within 10 days of the conclusionof the government enforcement proceeding, to provide an update on the status of the ongoing discussions related to Plaintiffs priority records requests. Signed by the Honorable Jacquelyn D. Austin on February 27, 2024. (ahil) (Entered: 02/27/2024)
2024-05-2023JOINT Status Report and Third MOTION to Stay re 22 by United States Air Force, United States Department of Defense. Response to Motion due by 6/3/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(McCullough, Austin) Modified on 5/21/2024 to edit text(ahil). (Entered: 05/20/2024)
2024-05-2124TEXT ORDER denying as moot 23 Defendants' third motion to stay. In its February 27, 2024, Order, the Court stayed all proceedings in this case pending the resolution of the ongoing government enforcement proceeding related to the information sought by Plaintiff's Freedom of Information Act and Touhy requests. As directed in that Order, the parties shall continue to file a joint status report with the Court every 90 days or within 10 days of the conclusion of the government enforcement proceeding. Signed by the Honorable Jacquelyn D Austin on May 20, 2024.(ahil, ) (Entered: 05/21/2024)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar