District Court Decisions

Mullen v. U.S. Army Crim. Investigation Command, No. 10-262, 2010 U.S. Dist. LEXIS 100870 (E.D. Va. Sept. 23, 2010) (Cacheris, J.). Litigation considerations/stay of proceedings: The court grants defendant's request to extend a stay until it can produce a portion of plaintiff's request referred to as the "Field Files." The court rejects plaintiff's objection that extending the stay "will prevent it from challenging the Defendant's redactions of [other requested m]aterials until the stay is lifted." The court finds that "Plaintiff originally requested all three sets of materials together; then, only once informed of the cost of production, asked that the [other m]aterials be produced first, and only later requested the Field Files" and, accordingly, "[i]t seems unfair to penalize the Government for Plaintiff's change of heart." The court notes that "once the requested production is made in full, Plaintiff will be welcome to challenge its adequacy."