Free Joint Status Report - District Court of Federal Claims - federal

Case 1:02-cv-01744-LMB

Document 60

Filed 11/12/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. ) ________________________________ ) GARY S. WOLLAM,

No. 02-1744C Judge Baskir

JOINT STATUS REPORT Pursuant to the Court's Order dated January 28, 2003 and the parties' Joint Status Report dated September 11, 2007, the parties respectfully submit this Joint Status Report. Plaintiff reports that, in the time since the previous status report, he has continued to review and analyze the information received so far, generating spreadsheets, charts, and tables to illustrate the results. In September, the FOIA Office at Hanscom AFB confirmed receipt of Plaintiff's request for a single Special Order. Joint Status Report, Sept. 11, 2007, at 2. In October, he received a copy of the requested record and, after further correspondence to confirm the results, the matter was closed. 1

Case 1:02-cv-01744-LMB

Document 60

Filed 11/12/2007

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On September 24th, Plaintiff submitted an appeal of WrightPatterson AFB's "no-records" response in FOIA Case No. 07-852AB. See Joint Status Report, Sept. 11, 2007, at 2. The appeal is based on the fact that Plaintiff already received many copies of the same type of records from Wright-Patterson AFB under a previous FOIA request. He received a letter dated October 18, 2007, stating that the appeal had been received. In a letter dated August 31, 2007, the Air Force Personnel Center (AFPC) advised that his request had been received and requested clarification of portions of it. 1 On September 21, AFPC sent Plaintiff an email requesting that he respond by September 25 with the clarifying information requested. On September 26, AFPC sent Plaintiff a letter stating that his FOIA case was closed since he had not responded to their questions in time. Unfortunately, Plaintiff was performing temporary duty (TDY) at a remote location at that time and did not receive either the email or the letter until returning home. He immediately sent AFPC an email containing the requested clarifications and asking that the matter not be closed due to the

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Wright-Patterson AFB forwarded Plaintiff's FOIA Case No. 07852AB to AFPC where it was assigned FOIA Case No. 07-0279. See Joint Status Report, Sept. 11, 2007, at 2. 2

Case 1:02-cv-01744-LMB

Document 60

Filed 11/12/2007

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circumstances. After receiving no response, Plaintiff sent a letter in late October inquiring about the status of his request that his FOIA case not be closed. Plaintiff has received no response from AFPC. Finally, Plaintiff was able to locate and personally contact three additional officers whose records were in need of clarification. The parties propose to file their next joint status report on or before January 14, 2008. Respectfully submitted, s/Guy J. Ferrante GUY J. FERRANTE King & Everhard, P.C. 8019 Daffodil Court Springfield, VA 22152 (703) 644-2009 (Phone) (703) 644-0013 (Fax) Attorney for Plaintiff

PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director s/Todd Hughes Deputy Director s/Dawn Goodman Attorney 3

Case 1:02-cv-01744-LMB

Document 60

Filed 11/12/2007

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Commercial Litigation Branch Civil Division Department of Justice Attention: Classification Unit 1100 L Street, N.W. Washington, D.C. 20530 (202) 616-1067 Attorneys for Defendant November 12, 2007

CERTIFICATE OF FILING I hereby certify that on November 12, 2007, a copy of the foregoing "Joint Status Report" was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

s/Guy J. Ferrante

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