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

Case 1:02-cv-01744-LMB

Document 58

Filed 09/11/2007

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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 July 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 response to a Freedom of Information Act (FOIA) request in June, Plaintiff received a package from the Air Reserve Personnel Center containing additional data on seven officers. That data has been incorporated into the overall analysis. Based upon the preceding data, Plaintiff is refining a follow-up FOIA to the Air Force Personnel Center, which will be submitted shortly. 1

Case 1:02-cv-01744-LMB

Document 58

Filed 09/11/2007

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In July, Plaintiff sent a FOIA request to Wright-Patterson Air Force Base for information relating to decorations to 13 officers there. It was assigned FOIA Control Number 07-852AB and Plaintiff was advised that no responsive documents could be located because Air Force regulations no longer require that they be maintained at local installations. A second search at Wright-Patterson AFB was also unsuccessful so Plaintiff's request was forwarded to the Air Force Personnel Center, where it was assigned FOIA Case No. 07-0279, for processing. In an interim response from HQ AFPC/DPDXI, the Personnel Center has advised that the matter is being processed as a "complex" case which may "take substantial time." They further advised that the National Personnel Center also has been contacted to search for records that may be responsive to Plaintiff's request. In order to resolve an anomaly in the data that Plaintiff has already received, a FOIA request for a single Special Order was recently sent to Hanscom Air Force Base. This matter remains pending. Finally, Plaintiff was able to locate and personally contact eight additional officers whose records were in need of clarification. The parties propose to file their next joint status report on or before November 12, 2007. 2

Case 1:02-cv-01744-LMB

Document 58

Filed 09/11/2007

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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 Assistant Director s/Brian S. Smith Attorney Commercial Litigation Branch Civil Division Department of Justice Attention: Classification Unit 1100 L Street, N.W. Washington, D.C. 20530 (202) 616-0391 Attorneys for Defendant September 11, 2007

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Case 1:02-cv-01744-LMB

Document 58

Filed 09/11/2007

Page 4 of 4

CERTIFICATE OF FILING I hereby certify that on September 11, 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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