CLOSED,TYPE I−FOIA
U.S. District Court
District of Columbia (Washington, DC)
CIVIL DOCKET FOR CASE #: 1:21−cv−00644−JEB
PETTI v. U.S. DEPARTMENT OF DEFENSE
Assigned to: Judge James E. Boasberg
Cause: 05:552 Freedom of Information Act
Date Filed: 03/10/2021
Date Terminated: 11/17/2021
Jury Demand: None
Nature of Suit: 895 Freedom of
Information Act
Jurisdiction: U.S. Government Defendant
Plaintiff
MATTHEW PETTI represented by Matthew Topic
LOEVY & LOEVY
311 N. Aberdeen Street
Third Floor
Chicago, IL 60607
(312) 243−5900
Fax: (312) 243−5902
Email: matt@loevy.com
ATTORNEY TO BE NOTICED
Joshua Hart Burday
LOEVY & LOEVY
311 N. Aberdeen Street
Third Floor
Chicago, IL 60607
(312) 243−5900
Fax: (312) 243−5902
Email: joshb@loevy.com
ATTORNEY TO BE NOTICED
V.
Defendant
U.S. DEPARTMENT OF DEFENSE represented by Stephanie R. Johnson
UNITED STATES ATTORNEY'S
OFFICE
555 Fourth Street, NW
Washington, DC 20530
(202) 252−7874
Email: Stephanie.Johnson5@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Brian J. Field
SCHAERR JAFFE LLP
1717 K Street, NW
Suite 900
Washington, DC 20006
202−787−1060
Email: bfield@schaerr−jaffe.com
TERMINATED: 05/01/2021
Date Filed # Docket Text
03/10/2021 1 COMPLAINT against U.S. DEPARTMENT OF DEFENSE ( Filing fee $ 402 receipt
number ADCDC−8294459) filed by MATTHEW PETTI. (Attachments: # 1 Exhibit
1−10, # 2 Civil Cover Sheet, # 3 Summons)(Burday, Joshua) (Entered: 03/10/2021)
03/10/2021 2 NOTICE of Appearance by Joshua Hart Burday on behalf of MATTHEW PETTI
(Burday, Joshua) (Entered: 03/10/2021)
03/10/2021 3 NOTICE of Appearance by Matthew Topic on behalf of MATTHEW PETTI (Topic,
Matthew) (Entered: 03/10/2021)
03/11/2021 Case Assigned to Judge James E. Boasberg. (adh, ) (Entered: 03/11/2021)
03/11/2021 4 SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF DEFENSE, U.S.
Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, )
(Entered: 03/11/2021)
04/06/2021 5 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S.
DEPARTMENT OF DEFENSE served on 3/25/2021 (Burday, Joshua) (Entered:
04/06/2021)
04/06/2021 6 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on
United States Attorney General. Date of Service Upon United States Attorney General
3/26/2021. (Burday, Joshua) (Entered: 04/06/2021)
04/06/2021 7 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the
United States Attorney. Date of Service Upon United States Attorney on 3/26/2021.
Answer due for ALL FEDERAL DEFENDANTS by 4/25/2021. (Burday, Joshua)
(Entered: 04/06/2021)
04/26/2021 8 ANSWER to Complaint by U.S. DEPARTMENT OF DEFENSE.(Field, Brian)
(Entered: 04/26/2021)
04/27/2021 MINUTE ORDER: The Court ORDERS that the parties shall confer and submit a
proposed briefing schedule by May 11, 2021. So ORDERED by Judge James E.
Boasberg on 4/27/2021. (lcjeb1) (Entered: 04/27/2021)
04/27/2021 Set/Reset Deadlines: Proposed Briefing Schedule due by 5/11/2021. (nbn) (Entered:
04/29/2021)
05/01/2021 9 NOTICE OF SUBSTITUTION OF COUNSEL by Stephanie R. Johnson on behalf of
U.S. DEPARTMENT OF DEFENSE Substituting for attorney Brian J. Field (Johnson,
Stephanie) (Entered: 05/01/2021)
05/18/2021 10 Consent MOTION for Extension of Time to FILE A PROPOSED BRIEFING
SCHEDULE OR JOINT STATUS REPORT NUNC PRO TUNC by U.S.
DEPARTMENT OF DEFENSE. (Johnson, Stephanie) (Entered: 05/18/2021)
05/19/2021 MINUTE ORDER GRANTING Consent 10 Motion for Extension of Time. The Court
ORDERS that the parties shall confer and submit a proposed briefing schedule by June
7, 2021. So ORDERED by Judge James E. Boasberg on 5/19/2021. (lcjeb1) (Entered:
05/19/2021)
05/19/2021 Set/Reset Deadlines: Proposed Briefing Schedule due by 6/7/2021. (znbn) (Entered:
05/20/2021)
06/07/2021 11 Joint STATUS REPORT AND PROPOSED BRIEFING SCHEDULE by U.S.
DEPARTMENT OF DEFENSE. (Johnson, Stephanie) (Entered: 06/07/2021)
06/07/2021 MINUTE ORDER: The Court ADOPTS the parties' 11 Joint Proposed Briefing
Schedule and ORDERS that: 1) Defendant shall file its motion for summary judgment
by August 2, 2021; 2) Plaintiff shall file his cross−motion for summary judgment and
opposition to Defendant's motion by September 1, 2021; 3) Defendant shall file its
reply in support of its motion and opposition to Plaintiff's cross−motion by October 1,
2021; and 4) Plaintiff shall file his reply in support of his cross−motion by November
1, 2021. So ORDERED by Judge James E. Boasberg on 6/7/2021. (lcjeb1) (Entered:
06/07/2021)
08/25/2021 12 Consent MOTION for Extension of Time to FILE DEFENDANTS MOTION FOR
SUMMARY JUDGMENT, Consent MOTION to Modify BRIEFING SCHEDULE by
U.S. DEPARTMENT OF DEFENSE. (Johnson, Stephanie) (Entered: 08/25/2021)
08/25/2021 MINUTE ORDER granting Consent 12 Motion for Extension of Time. The Court
ORDERS that: 1) Defendant shall file its motion for summary judgment by September
27, 2021; 2) Plaintiff shall file his cross−motion for summary judgment and opposition
to Defendant's motion by October 27, 2021; 3) Defendant shall file its reply in support
of its motion and opposition to Plaintiff's cross−motion by November 26, 2021; and 4)
Plaintiff shall file his reply in support of his cross−motion by December 27, 2021. So
ORDERED by Judge James E. Boasberg on 8/25/2021. (lcjeb1) (Entered: 08/25/2021)
08/25/2021 Set/Reset Deadlines: Summary Judgment motions due by 9/27/2021. Response to
Motion for Summary Judgment due by 10/27/2021. Cross Motions due by 10/27/2021.
Reply to Motion for Summary Judgment due by 11/26/2021. Response to Cross
Motions due by 11/26/2021. Reply to Cross Motions due by 12/27/2021. (znbn)
(Entered: 08/26/2021)
09/22/2021 13 Consent MOTION for Extension of Time to File Defendants Motion for Summary
Judgement, Consent MOTION to Modify the Briefing Schedule by U.S.
DEPARTMENT OF DEFENSE. (Johnson, Stephanie) (Entered: 09/22/2021)
09/22/2021 MINUTE ORDER granting Consent 13 Motion for Extension of Time. The Court
ORDERS that: 1) Defendant shall file its motion for summary judgment by October
27, 2021; 2) Plaintiff shall file his cross−motion for summary judgment and opposition
to Defendant's motion by November 26, 2021; 3) Defendant shall file its reply in
support of its motion and opposition to Plaintiff's cross−motion by December 27,
2021; and 4) Plaintiff shall file his reply in support of his cross−motion by January 26,
2022. So ORDERED by Judge James E. Boasberg on 9/22/2021. (lcjeb1) (Entered:
09/22/2021)
09/22/2021 Set/Reset Deadlines: Summary Judgment motions due by 10/27/2021. Response to
Motion for Summary Judgment due by 11/26/2021. Cross Motions due by 11/26/2021.
Reply to Motion for Summary Judgment due by 12/27/2021. Response to Cross
Motions due by 12/27/2021. Reply to Cross Motions due by 1/26/2022. (znbn)
(Entered: 09/23/2021)
10/26/2021 14 Consent MOTION for Extension of Time to MOTION FOR SUMMARY JUDGMENT
AND MODIFY BREIFING SCHEDULE by U.S. DEPARTMENT OF DEFENSE.
(Johnson, Stephanie). Added MOTION to Modify on 10/28/2021 (znmw). (Entered:
10/26/2021)
10/26/2021 MINUTE ORDER granting Consent 14 Motion for Extension of Time. The Court
ORDERS that: 1) Defendant shall file its motion for summary judgment by November
10, 2021; 2) Plaintiff shall file his cross−motion for summary judgment and opposition
to Defendant's motion by December 10, 2021; 3) Defendant shall file its reply in
support of its motion and opposition to Plaintiff's cross−motion by January 10, 2022;
and 4) Plaintiff shall file his reply in support of his cross−motion by February 9, 2022.
So ORDERED by Judge James E. Boasberg on 10/26/2021. (lcjeb1) (Entered:
10/26/2021)
10/26/2021 Set/Reset Deadlines: Summary Judgment motions due by 11/10/2021. Response to
Motion for Summary Judgment due by 12/10/2021. Cross Motions due by 12/10/2021.
Reply to Motion for Summary Judgment due by 1/10/2022. Response to Cross
Motions due by 1/10/2022. Reply to Cross Motions due by 2/9/2022. (nbn) (Entered:
11/02/2021)
11/08/2021 15 MOTION for Summary Judgment by U.S. DEPARTMENT OF DEFENSE.
(Attachments: # 1 Declaration of Mark H. Herrington)(Johnson, Stephanie) (Entered:
11/08/2021)
11/17/2021 16 STIPULATION of Dismissal by MATTHEW PETTI. (Burday, Joshua) (Entered:
11/17/2021)
11/17/2021 MINUTE ORDER: Per the parties' 16 Stipulation, the Court ORDERS that the case is
DISMISSED WITH PREJUDICE. So ORDERED by Judge James E. Boasberg on
11/17/2021. (lcjeb1) (Entered: 11/17/2021)