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Case TitleSCHMITZ v. DEPARTMENT OF DEFENSE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2024cv00111
Date Filed2024-01-11
Date ClosedOpen
JudgeJudge Reggie B. Walton
PlaintiffJOSEPH E. SCHMITZ Honorable
Case DescriptionJoseph Schmitz submitted a FOIA request to the Department of Defense for records concerning emails from Sally Donnelly, a former senior advisor to former Defense Secretary James Mattis, concerning a variety of people and issues. The agency acknowledged receipt of the request. The agency disclosed 86 heavily redacted pages. Later, the agency released 126 heavily redacted pages, citing Exemption 6 (invasion of privacy). Schmitz then filed suit, claiming the agency had a policy or practice of routinely redacting personal information for lower-level employees.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDEPARTMENT OF DEFENSE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-01-111COMPLAINT against DEPARTMENT OF DEFENSE ( Filing fee $ 405 receipt number ADCDC-10613485) filed by JOSEPH E. SCHMITZ. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(Beelaert, Jeffrey) (Entered: 01/11/2024)
2024-01-12Case Assigned to Judge Reggie B. Walton. (zcb) (Entered: 01/12/2024)
2024-01-172REQUEST FOR SUMMONS TO ISSUE filed by JOSEPH E. SCHMITZ. (Attachments: # 1 Summons DC US Attorney, # 2 Summons US Attorney General)(Beelaert, Jeffrey) (Entered: 01/17/2024)
2024-01-183SUMMONS (3) Issued Electronically as to DEPARTMENT OF DEFENSE, U.S. Attorney, and U.S. Attorney General. (Attachment: # 1 Notice and Consent)(ztth) (Entered: 01/18/2024)
2024-02-224NOTICE of Appearance by Fithawi Berhane on behalf of All Defendants (Berhane, Fithawi) (Entered: 02/22/2024)
2024-02-225Consent MOTION for Extension of Time to by DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Berhane, Fithawi) (Entered: 02/22/2024)
2024-02-266GENERAL ORDER FOR CIVIL CASES BEFORE THE HONORABLE REGGIE B. WALTON. Signed by Judge Reggie B. Walton on February 26, 2024. (lcrbw1) (Entered: 02/26/2024)
2024-02-26MINUTE ORDER. Upon consideration of the defendant's 5 Motion for Extension of Time to Respond, and for good cause shown, it is hereby ORDERED that the defendant's 5 Motion for Extension of Time to Respond is GRANTED. It is further ORDERED that, on or before March 25, 2024, the defendant shall file its answer or otherwise respond to the plaintiff's Complaint. Signed by Judge Reggie B. Walton on February 26, 2024. (lcrbw1) (Entered: 02/26/2024)
2024-03-207ORDER. In accordance with the attached Order, it is hereby ORDERED that before April 5, 2024, the parties shall meet, confer, and advise the Court in writing as to whether this case is related to Schmitz v. Dept of Def., Civ. Action No. 23-2541 (LLA). Signed by Judge Reggie B. Walton on March 20, 2024. (lcrbw1) (Entered: 03/20/2024)
2024-03-258MOTION to Dismiss by DEPARTMENT OF DEFENSE. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Text of Proposed Order)(Berhane, Fithawi) (Entered: 03/25/2024)
2024-04-089Memorandum in opposition to re 8 Motion to Dismiss filed by JOSEPH E. SCHMITZ. (Beelaert, Jeffrey) (Entered: 04/08/2024)
2024-04-1510Joint STATUS REPORT by DEPARTMENT OF DEFENSE. (Berhane, Fithawi) (Entered: 04/15/2024)
2024-04-1611ORDER. In accordance with the attached Order, it is hereby ORDERED that the 8 Defendant's Motion to Dismiss is DISMISSED WITHOUT PREJUDICE pursuant to the defendant's withdrawal of the motion. It is further ORDERED that, on or before May 14, 2024, the plaintiff shall file an amended complaint pursuant to the parties' representation in their 10 Joint Status Report. It is further ORDERED that, on or before May 21, 2024, the defendant shall file its answer to the plaintiff's anticipated amended complaint. It is further ORDERED that, as suggested by the parties, on or before May 28, 2024, the defendant shall file its motion for summary judgment. It is further ORDERED that, as suggested by the parties, on or before June 28, 2024, the plaintiff shall file his cross-motion for summary judgment, if any, and an opposition to the defendant's motion for summary judgment. It is further ORDERED that, as suggested by the parties, on or before July 29, 2024, the defendant shall file a reply in support of its motion for summary judgment and an opposition to the plaintiff's cross-motion for summary judgment, if any. It is further ORDERED that, as suggested by the parties, on or before August 26, 2024, the plaintiff shall file a reply in support of his motion for summary judgment, if any. Signed by Judge Reggie B. Walton on April 16, 2024. (lcrbw1) (Entered: 04/16/2024)
2024-05-1412AMENDED COMPLAINT against DEPARTMENT OF DEFENSE filed by JOSEPH E. SCHMITZ. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Beelaert, Jeffrey) (Entered: 05/14/2024)
2024-05-2113ANSWER to Complaint by DEPARTMENT OF DEFENSE.(Berhane, Fithawi) (Entered: 05/21/2024)
2024-05-2814MOTION for Summary Judgment by DEPARTMENT OF DEFENSE. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration, # 4 Exhibit 1 to Declaration, # 5 Exhibit 2 to Declaration, # 6 Exhibit 3 to Declaration, # 7 Text of Proposed Order)(Berhane, Fithawi) (Entered: 05/28/2024)
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