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Case TitleSUSSMAN v. UNITED STATES MARSHALS SERVICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2003cv00610
Date Filed2003-03-06
Date Closed2005-10-13
JudgeChief Judge Royce C. Lamberth
PlaintiffMICHAEL SUSSMAN
DefendantUNITED STATES MARSHALS SERVICE
Documents
Docket
Complaint
Opinion/Order [58]
FOIA Project Annotation: Judge Henry Kennedy has ruled that the Marshals Service properly withheld records from Michael Sussman under a variety of exemptions. Sussman requested all records the agency had concerning himself. Affirming withholdings on a variety of exemptions, mainly subparts of Exemption 7 (law enforcement), Kennedy also approved withholding information about how the agency used a publicly available database under Exemption 2 (internal practices and procedures). Kennedy noted that "defendant reasonably and credibly asserts that disclosure of information about the databases would reveal how the USMS used the databases and conducted the search through those databases. In addition, although some of these databases and materials may be publicly available, how the agency uses that information to conduct further investigation is a 'predominantly internal' matter."
Issues: Exemption 2 - Risk of circumvention, Exemption 7 - Law enforcement records
Opinion/Order [85]
Opinion/Order [99]
Opinion/Order [114]
FOIA Project Annotation: Judge Henry Kennedy has ruled that the Marshals Service and the FBI can be considered an "agency" under the FOIA and Administrative Procedure Act definitions, but that for purposes of disclosing information under the Privacy Act, the components more appropriately should be viewed as part of the Department of Justice, their parent department. Michael Sussman argued that the USMS violated the Privacy Act when it disclosed information about him to the FBI for investigative purposes. The government, however, claimed that, since both agencies were part of the Justice Department, the disclosure was permissible under the (b)(1) need to know exception. Noting that courts had found both the Marshals Service and the FBI to qualify as agencies, Kennedy observed that "the USMS and FBI thus appear to be separate agencies while at the same time one agency: DOJ." Because subsection (b)(1) was restricted to the agency that maintained the record, Sussman contended that (b)(1) could not apply to the USMS and the FBI. But Kennedy pointed out that "plaintiff mischaracterizes the relationship between DOJ and the USMS and FBI. From the perspective of the department level, DOJ, insofar as it maintains the USMS records at issue, does not disclose those records to the FBI as a separate agency that does not maintain such records; instead, DOJ discloses those records to itself, insofar as it maintains FBI records as well." Kennedy explained that "in this case, it is desirable and serves the purposes of the Privacy Act to apply the subsection (b)(1) disclosure exception from the perspective of DOJ, not the USMS." He noted that there was an overlap between the duties of the two components and indicated that "in such a situation, the USMS and FBI are not acting as independent agencies; instead, they are working together as mere components of one overarching action of the DOJ. The purpose of the subsection (b)(1) exception is to allow agency personnel to access records held by their agency that they need to discharge their duties. That purpose is well served by viewing the records at issue from the perspective of DOJ as a whole, such that they may be disclosed within DOJ as needed to investigate threats to protectees and the crimes those threats may involve." Sussman claimed that the disclosure between USMS and the FBI should be considered under subsection (b)(7) for law enforcement records, rather than (b)(1). Kennedy disagreed and pointed out that "subsection (b)(7) is primarily designed for situations where law-enforcement agencies seek information protected by the Privacy Act from non-law-enforcement agencies, so as to further the law-enforcement agencies' goals during, say, an investigation. That purpose differs from the sharing of needed information among the USMS and FBI when both are engaged in related law-enforcement activities, under the singular auspices of DOJ." Sussman also argued that USMS had violated the Privacy Act by disclosing information about him from another individual's records. Although the D.C. Circuit had said that Sussman did not have a right under subsection (d)(1) to access his personal information contained in another individual's records, Kennedy found the restriction did not apply when an individual asserted that disclosure of such information violated the Privacy Act. He observed that "while subsection (d)(1) permits a requester access only to 'his record,' subsection (b) prohibits disclosure of 'any record.' Thus, the prohibition on disclosure is broader, not tied to the identity of the person to whom the record primarily pertains. . .Therefore, an agency is not free to disclose information about a person simply because that information is held in the record of another person."
Issues: Agency
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2003-03-061COMPLAINT against UNITED STATES MARSHALS SERVICE , filed by MICHAEL SUSSMAN.(bcs, ) (Entered: 03/20/2003)
2003-03-062MOTION for Leave to Proceed in forma pauperis by MICHAEL SUSSMAN. (bcs, ) (Entered: 03/20/2003)
2003-03-06SUMMONS Issued (3) as to UNITED STATES MARSHALS SERVICE, U.S. Attorney and U.S. Attorney General (bcs, ) (Entered: 03/20/2003)
2003-03-06ORDER granting 2 Motion for Leave to Proceed in forma pauperis; (fiat). Signed by Judge Royce C. Lamberth on 2/24/03. (bcs, ) (Entered: 03/20/2003)
2003-03-203Preliminary Electronic Case Filing Order. Signed by Judge Henry H. Kennedy on March 20, 2003. (FL, ) (Entered: 03/20/2003)
2003-04-024RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the US Attorney served on 4/2/2003, answer due 6/2/2003 (bcs, ) (Entered: 04/10/2003)
2003-05-205Consent MOTION for Extension of Time to File Answer by UNITED STATES MARSHALS SERVICE. (Attachments: # 1 )(Weinstein, Laurie) (Entered: 05/20/2003)
2003-05-21Order re 5 granting defendant's consent motion for enlargement of time to file answer. Defendant has until June 17, 2003, to file its answer or other response to the complaint. Signed by Judge Henry H. Kennedy on May 21, 2003. (FL, ) (Entered: 05/21/2003)
2003-05-286RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on Attorney General. (rje, ) (Entered: 05/30/2003)
2003-06-027AMENDED COMPLAINT against UNITED STATES MARSHALS SERVICE , filed by MICHAEL SUSSMAN.(mpt, ) (Entered: 06/03/2003)
2003-06-038RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to UNITED STATES MARSHALS SERVICE served on 4/7/2003, answer due 6/6/2003. (mpt, ) (Entered: 06/04/2003)
2003-06-179MOTION for Extension of Time to File Answer to First Amended Complaint by UNITED STATES MARSHALS SERVICE. (Weinstein, Laurie) (Entered: 06/17/2003)
2003-06-18Order re 9 granting defendant's motion for enlargement of time for answer. Defendant has up to and inlcuding July 17, 2003, to file its answer or other response to the complaint. Signed by Judge Henry H. Kennedy on June 18, 2003. (FL, ) Modified on 6/18/2003 (FL, ). (Entered: 06/18/2003)
2003-07-1710Third MOTION for Extension of Time to File Answer by UNITED STATES MARSHALS SERVICE. (Weinstein, Laurie) (Entered: 07/17/2003)
2003-07-30ORDER granting 10 Defendant's third Motion for Extension of Time to Answer. Defendant's answer shall be filed by July 31, 2003 . Signed by Judge Henry H. Kennedy on 7/30/03. (cf, ) (Entered: 07/30/2003)
2003-07-3111Final MOTION for Extension of Time to File Answer by UNITED STATES MARSHALS SERVICE. (Weinstein, Laurie) (Entered: 07/31/2003)
2003-08-01ORDER granting 11 Defendant's Final Motion for Extension of Time to Answer; Answer due by August 4, 2003 . Signed by Judge Henry H. Kennedy on 8/1/03. (cf, ) (Entered: 08/01/2003)
2003-08-0412ANSWER to Amended Complaint by UNITED STATES MARSHALS SERVICE. (Attachments: # 1 # 2 # 3 )(Weinstein, Laurie) (Entered: 08/04/2003)
2003-08-1813ORDER that the Defendant shall have 45 days from the date of this order within which to file a dispositive motion or, in the alternative, to file a report setting forth the schedule according to which it will complete production of all non-privileged documents to Plaintiff and a Vaughn index for any withheld documents. Signed by Judge Henry H. Kennedy on 8/18/03. (cf, ) (Entered: 08/18/2003)
2003-08-2514MOTION for Partial Summary Judgment as to counts I and II by MICHAEL SUSSMAN. (Attachments: # 1 Exhibit)(bcs, ) (Entered: 08/30/2003)
2003-08-2815ERRATA corrected verison of exhibits to motion for partial summary judgment by MICHAEL SUSSMAN. (bcs, ) (Entered: 08/30/2003)
2003-10-0216MOTION for Extension of Time to File Dispositive Motion and Respond to Plaintiff's Motion for Summary Judgment by UNITED STATES MARSHALS SERVICE. (Weinstein, Laurie) (Entered: 10/02/2003)
2003-10-14ORDER granting 16 Motion for Extension of Time to (Kennedy, Henry) (Entered: 10/14/2003)
2003-11-0617Second MOTION for Extension of Time to File Dispositive Motion and Respond to Plaintiff's Motion for Summary Judgmnet by UNITED STATES MARSHALS SERVICE. (Weinstein, Laurie) (Entered: 11/06/2003)
2003-11-0718ORDER granting 17 Second Motion for Enlargment of Time For Dispositive Motion and to Respond to Plaintiff's Dispositive Motion. Defendant shall file an answer or otherwise respond to the complaint and plaintiff's motion on or before December 12, 2003. Signed by Judge Henry H. Kennedy on 11-7-03.(jpm) (Entered: 11/07/2003)
2003-12-1219Consent MOTION for Extension of Time to File Answer by UNITED STATES MARSHALS SERVICE. (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 12/12/2003)
2003-12-30ORDER granting 19 Motion for Extension of Time until January 12, 2004 to Answer (Kennedy, Henry) (Entered: 12/30/2003)
2004-01-1620Consent MOTION for Extension of Time to File Dispositive Motion and to Respond to Plaintiff's Dispositive Motion by UNITED STATES MARSHALS SERVICE. (Weinstein, Laurie) (Entered: 01/16/2004)
2004-01-2221MOTION for Extension of Time to File Dispositive Motion and Opposition by UNITED STATES MARSHALS SERVICE. (Weinstein, Laurie) (Entered: 01/22/2004)
2004-01-2622ORDER granting 21 Motion for Extension of Time to File Dispositive Motion. Defendant shall file its dispositive motion on or before January 29, 2004. Signed by Judge Henry H. Kennedy on 03-26-04.(jpm) (Entered: 01/26/2004)
2004-01-29ORDER granting 20 Defendant's Motion for Extension of Time. Defendant shall file its dispositive motion or or before January 29, 2004. Signed by Judge Henry H. Kennedy on 01-29-04. (jpm) (Entered: 01/29/2004)
2004-01-3023MOTION to Dismiss or for Summary Judgment and in Opposition to Plaintiff's Motion for Partial Summary Judgment by UNITED STATES MARSHALS SERVICE. (Attachments: # 1 Exhibit Declaration of Graham and exhibits)(Weinstein, Laurie) (Entered: 01/30/2004)
2004-01-3029Memorandum in opposition to motion re 14 for partial summary judgment filed by UNITED STATES MARSHALS SERVICE. (For Viewing See Document Number 23 ) (bcs, ) (Entered: 04/28/2004)
2004-02-0324ENTERED IN ERROR - Correct Order to be refiled. ORDER directing plaintiff to file a response to defendant's motion to dismiss or for summary judgment and in opposition to plaintiff's motion for partial summary judgment within 30 days of this order. Signed by Judge Henry H. Kennedy on 2-3-04. (jpm) Modified on 2/5/2004 (Obrien, Peggy). (Entered: 02/03/2004)
2004-02-0525ORDER directing plaintiff to file a response to defendant's motion to dismiss or for summary judgment within 30 days of this order. Signed by Judge Henry H. Kennedy on 02-03-04. (pse) (Entered: 02/05/2004)
2004-02-2526MOTION for Expansion of Time to respond to the motion for summary judgment by MICHAEL SUSSMAN. (Attachments: # 1 Text of Proposed Order)(bcs, ) (Entered: 03/08/2004)
2004-03-08MINUTE ORDER granting in part and denying in part 26 Motion for Extension of Time to respond to the motion for summary judgment. Plaintiff is granted until May 1, 2004, to respond to the motion for summary judgment. (Kennedy, Henry) (Entered: 03/08/2004)
2004-03-1727MOTION for Extension of Time to respond to the motion for summary judgment by MICHAEL SUSSMAN. "Let this be filed" by Judge Henry H. Kennedy. (bcs, ) (Entered: 03/19/2004)
2004-03-30MINUTE ORDER: denying 27 Motion for Extension of Time to Respond to motion for Summary Judgment as motion is Moot. (Kennedy, Henry) (Entered: 03/30/2004)
2004-04-2628Memorandum in opposition to motion re 23 to dismiss or for summary judgment filed by MICHAEL SUSSMAN. (bcs, ) (Entered: 04/28/2004)
2004-04-2630REPLY to opposition to motion re 14 for partial summary judgment filed by MICHAEL SUSSMAN. (For Viewing See Document No. 28 ) (bcs, ) (Entered: 04/28/2004)
2004-06-0331NOTICE of Change of Address by MICHAEL SUSSMAN (jf, ) (Entered: 06/10/2004)
2004-06-0432NOTICE of new authority in opposition to the defendants' motion for summary judgment by MICHAEL SUSSMAN (jf, ) (Entered: 06/10/2004)
2004-08-0333ORDER granting 14 Motion for Partial Summary Judgment, granting in part and denying in part 23 Motion to Dismiss (Kennedy, Henry) (Entered: 08/03/2004)
2004-10-1334Order for Initial Scheduling Conference. Initial conference set for January 28, 2005, at 11:45 am before Judge Henry H. Kennedy, Jr. Signed by Judge Henry H. Kennedy, Jr., on October 13, 2004. (FL, ) (Entered: 10/13/2004)
2004-11-0235MOTION for Leave to Appear Telephonically at Status Conference set for January 28, 2005 by MICHAEL SUSSMAN. (lc, ) (Entered: 11/03/2004)
2004-11-0236MOTION To Direct Defendant to Disclose All Responsive Documents Located re 33 Order on Motion for Partial Summary Judgment, Order on Motion to Dismiss by MICHAEL SUSSMAN. (lc, ) Modified on 11/4/2004 (lc, ). (Entered: 11/03/2004)
2004-11-03ORDER granting 35 Motion for Leave to Appear Telephonically at Status Conference. Signed by Judge Henry H. Kennedy on 11-03-04. (jpm) (Entered: 11/03/2004)
2005-01-26Set/Reset Hearings: Status Conference set for 1/28/2005 at 11:45 AM has been reset for 11:00 AM in Courtroom 14 before Judge Henry H. Kennedy. (rew, ) (Entered: 01/26/2005)
2005-01-2737MOTION for Extension of Time to File Response and Final Dispositive Motion by UNITED STATES MARSHALS SERVICE. (Attachments: # 1 Exhibit case management excerpt)(Weinstein, Laurie) (Entered: 01/27/2005)
2005-01-28Minute Entry for proceedings held before Judge Henry H. Kennedy : Status Conference held on 1/28/2005. By 2/28/2005 defendant to disclose certain material or file Vaughn Index and to submit briefing order. (Court Reporter Annie Shaw.) (rew, ) (Entered: 01/28/2005)
2005-01-28MINUTE ORDER denying 37 Motion for Extension of Time as matter is moot in view of the court's oral order made in open court on January 28, 2005, which will be memorialized in a written order that will be docketed shortly. (Kennedy, Henry) (Entered: 01/28/2005)
2005-02-1438SCHEDULING ORDER. Signed by Judge Henry H. Kennedy on 02-14-05. (jpm) (Entered: 02/14/2005)
2005-02-14Set Deadlines: Defendant's Summary Judgment motions due by 2/28/2005. (rew, ) (Entered: 02/14/2005)
2005-03-1439MOTION for Extension of Time to file Dispositive Motion by UNITED STATES MARSHALS SERVICE. (Attachments: # 1 Exhibit Pleading Previously Filed)(Weinstein, Laurie) (Entered: 03/14/2005)
2005-03-15ORDER granting 39 Defendant's Motion for Extension of Time to File Dispositive Motion by 3-14-05. Signed by Judge Henry H. Kennedy on 03-15-05.(jpm) (Entered: 03/15/2005)
2005-03-15Set/Reset Deadlines: Dispositive Motions due by 3/14/2005. (rew, ) (Entered: 03/15/2005)
2005-03-2140Final MOTION for Extension of Time to File Dispositive Motion by UNITED STATES MARSHALS SERVICE. (Weinstein, Laurie) (Entered: 03/21/2005)
2005-03-22Minute order granting 40 defendant's motion for one-day enlargement of time to file dispositive motion. Defendant shall file its final dispositive motion and any additional releases by March 22, 2005. Plaintiff may respond within thirty days and defendant may thereafter reply within ten days. Signed by Judge Henry H. Kennedy on March 22, 2005. Official paperless order (FL, ) (Entered: 03/22/2005)
2005-03-22Set/Reset Deadlines: Defendant's Dispositive Motions due by 3/22/2005. (rew, ) (Entered: 03/22/2005)
2005-03-2241MOTION for Summary Judgment by UNITED STATES MARSHALS SERVICE. (Attachments: # 1 Memorandum in support# 2 Exhibit Declaration of Shaaron Keys)(Weinstein, Laurie) (Entered: 03/22/2005)
2005-03-2242MOTION for Extension of Time to Report to Court with Regard to Referred Documents by UNITED STATES MARSHALS SERVICE. (Weinstein, Laurie) (Entered: 03/22/2005)
2005-03-22MINUTE ORDER granting 42 MOTION for Extension of Time to Report to Court with Regard to Referred Documents. (Kennedy, Henry) (Entered: 03/22/2005)
2005-03-2343Order advising plaintiff to respond to defendant's motion for summary judgment within 30 days or Court may deem matter as conceded. Signed by Judge Henry H. Kennedy on 03-23-05. (jpm) (Entered: 03/23/2005)
2005-03-23Set Deadlines: Plaintiff's Response to Motion for Summary Judgment due by 4/23/2005. (rew, ) (Entered: 03/23/2005)
2005-04-1244MOTION for Extension of Time to File Response/Reply as to 41 MOTION for Summary Judgment by MICHAEL SUSSMAN. (lc, ) (Entered: 04/15/2005)
2005-04-18ORDER granting 44 Plaintiff's Motion for Extension of Time to File Response to Defendant's Motion for Summary Judgment. Plaintiff's response is due by 5-14-05. Signed by Judge Henry H. Kennedy on 04-18-05.(jpm ) (Entered: 04/18/2005)
2005-04-18Set/Reset Deadlines: Plaintiff's Response to Motion for Summary Judgment due by 5/14/2005. (rew, ) (Entered: 04/18/2005)
2005-05-1645Memorandum in opposition to motion for summary judgment re 41 filed by MICHAEL SUSSMAN. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(lc, ) (Entered: 05/19/2005)
2005-05-1646Cross-MOTION for Summary Judgment by MICHAEL SUSSMAN. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(lc, ) Modified on 5/19/2005 (lc, ). (Entered: 05/19/2005)
2005-05-2647Consent MOTION for Extension of Time to File Response/Reply as to 45 Memorandum in Opposition, 46 MOTION for Summary Judgment by UNITED STATES MARSHALS SERVICE. (Weinstein, Laurie) (Entered: 05/26/2005)
2005-05-27ORDER granting 47 Defendant's Motion for Extension of Time to File Reply. The reply brief is due 07-01-05. Signed by Judge Henry H. Kennedy on 05-27-05.(jpm ) (Entered: 05/27/2005)
2005-06-02Set/Reset Deadlines: Defendant's Replies due by 7/1/2005. (rew, ) (Entered: 06/02/2005)
2005-07-0148Consent MOTION for Extension of Time to File Response/Reply to 46 Cross Motion for Summary Judgment by UNITED STATES MARSHALS SERVICE. (Weinstein, Laurie) Modified on 7/5/2005 (lc, ). (Entered: 07/01/2005)
2005-07-05MINUTE ORDER granting 48 Defendant's Motion for Extension of Time to File Response to Plaintiff's Cross-Motion for Summary Judgment. Defendant's response is due 08-01-05. Signed by Judge Henry H. Kennedy on 07-05-05.(jpm) (Entered: 07/05/2005)
2005-07-05Set/Reset Deadlines: Defendant's Response to Plaintiff's Cross- Motion for Summary Judgment due by 8/1/2005. (rew, ) (Entered: 07/05/2005)
2005-07-19MINUTE ORDER denying as moot 36 Plaintiff's Motion directing defendant to disclose responsive documents. Signed by Judge Henry H. Kennedy on 07-18-05.(jpm) (Entered: 07/19/2005)
2005-08-0149MOTION for Extension of Time to File Response/Reply to 46 Plaintiff's Cross Motion for Summary Judgment by UNITED STATES MARSHALS SERVICE. (Weinstein, Laurie) Modified on 8/2/2005 (lc, ). (Entered: 08/01/2005)
2005-08-02MINUTE ORDER granting 49 Defendant's Motion for Extension of Time to File a Response to Plaintiff's Cross-Motion for Summary Judgment. Defendant's response is due by 08-15-05. Signed by Judge Henry H. Kennedy on 08-02-05.(jpm ) (Entered: 08/02/2005)
2005-08-02Set/Reset Deadlines: Defendant's Response to Motion for Summary Judgment due by 8/15/2005. (rew, ) (Entered: 08/02/2005)
2005-08-1550MOTION for Extension of Time to File Response/Reply as to 46 MOTION for Summary Judgment for One Week by UNITED STATES MARSHALS SERVICE. (Weinstein, Laurie) (Entered: 08/15/2005)
2005-08-2251ENTERED IN ERROR.....MOTION for Extension of Time to File Response/Reply to Plaintiff's Cross Motion for Summary Judgment by UNITED STATES MARSHALS SERVICE. (Weinstein, Laurie) Modified on 8/23/2005 (lc, ). (Entered: 08/22/2005)
2005-08-23NOTICE OF CORRECTED DOCKET ENTRY: #51 was entered in error and counsel was instructed to refile said pleading. (lc, ) (Entered: 08/23/2005)
2005-08-2352MOTION for Extension of Time to File Response/Reply as to 45 Memorandum in Opposition, 46 MOTION for Summary Judgment by UNITED STATES MARSHALS SERVICE. (Weinstein, Laurie) (Entered: 08/23/2005)
2005-08-23ORDER granting 52 Defendant's Motion for Extension of Time to File Response to Plaintiff's Cross Motion for Summary Judgment. Defendant's response is to be filed by 08-29-05. Signed by Judge Henry H. Kennedy on 08-23-05.(jpm) (Entered: 08/23/2005)
2005-08-25Set/Reset Deadlines: Defendant's Response to Plaintiff's Cross -Motion for Summary Judgment due by 8/29/2005. (rew, ) (Entered: 08/25/2005)
2005-08-2953MOTION for Extension of Time to File Response/Reply as to 45 Memorandum in Opposition, 46 MOTION for Summary Judgment by UNITED STATES MARSHALS SERVICE. (Weinstein, Laurie) (Entered: 08/29/2005)
2005-08-30MINUTE ORDER granting 53 Motion for Extension of Time to File Response/Reply. (Kennedy, Henry) (Entered: 08/30/2005)
2005-08-3054Memorandum in opposition to motion re 46 and reply in support of defendant's Motion for Summary Judgment filed by UNITED STATES MARSHALS SERVICE. (Attachments: # 1 Exhibit A EOUSA Declaration# 2 Exhibit B (Letter)# 3 Exhibit C (Letter)# 4 Exhibit D (Letter)# 5 Exhibit E (Letter)# 6 Exhibit F (7th Cir. case))(Weinstein, Laurie) Modified on 8/31/2005 (lc, ). (Entered: 08/30/2005)
2005-08-3155REPLY to opposition to motion re 41 filed by UNITED STATES MARSHALS SERVICE. (Attachments: # 1 Exhibit A EOUSA Declaration# 2 Exhibit B (letter)# 3 Exhibit C (letter)# 4 Exhibit D (letter)# 5 Exhibit E (Letter)# 6 Exhibit F (7th Cir. opinion))(Weinstein, Laurie) (Entered: 08/31/2005)
2005-09-1356MOTION for Extension of Time to File Response/Reply as to 54 Memorandum in Opposition, by MICHAEL SUSSMAN. (lc, ) (Entered: 09/16/2005)
2005-09-30ORDER granting 56 Plaintiff's Motion for Extension of Time to File Reply. Plaintiff's reply is due by 10-20-05. Signed by Judge Henry H. Kennedy on 09-30-05.(jpm) (Entered: 09/30/2005)
2005-10-0357REPLY to opposition to Cross-MOTION for Summary Judgment re 46 filed by MICHAEL SUSSMAN. (lc, ) (Entered: 10/04/2005)
2005-10-1358MEMORANDUM AND OPINION. Signed by Henry H. Kennedy on 10-13-05. (jpm) (Entered: 10/13/2005)
2005-10-1359JUDGMENT entered in favor of defendant. Signed by Henry H. Kennedy on 10-13-05. (jpm) (Entered: 10/13/2005)
2005-10-2560MOTION for Reconsideration re 58 Memorandum & Opinion, 59 Judgment by MICHAEL SUSSMAN. (lc, ) (Entered: 10/27/2005)
2005-11-0861MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion for Reconsideration by UNITED STATES MARSHALS SERVICE. (Weinstein, Laurie) (Entered: 11/08/2005)
2005-11-09MINUTE ORDER granting 61 Defendant's Motion for Extension of Time to File Response to Plaintiff's Motion for Reconsideration. Defendant's response is due by 11-18-05. Signed by Judge Henry H. Kennedy, Jr. on 11-8-05.(jpm) (Entered: 11/09/2005)
2005-11-10Set/Reset Deadlines: Defendant's Responses due by 11/18/2005 to motion for reconsiceration. (rew, ) (Entered: 11/10/2005)
2005-11-1862Second MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion for Reconsideration by UNITED STATES MARSHALS SERVICE. (Weinstein, Laurie) (Entered: 11/18/2005)
2005-11-28MINUTE ORDER granting 62 Defendant's Motion for Extension of Time to File Response to Plaintiff's Motion for Reconsideration by 12-2-05. Signed by Judge Henry H. Kennedy, Jr. on 11-19-05.(jpm) (Entered: 11/28/2005)
2005-11-28Set/Reset Deadlines: Defendant's Reply to motion for reconsideration due by 12/2/2005. (rew, ) (Entered: 11/28/2005)
2005-12-0263Memorandum in opposition to motion re 60 Reconsideration filed by UNITED STATES MARSHALS SERVICE. (Attachments: # 1 Exhibit A Declaration of J.P. Tyrell# 2 Exhibit to Declaration (Appeal Decision Letter to Plaintiff))(Weinstein, Laurie) (Entered: 12/02/2005)
2005-12-1564REPLY to opposition to MOTION for Reconsideration re 60 filed by MICHAEL SUSSMAN. (lc, ) (Entered: 12/16/2005)
2006-01-0365MEMORANDUM & ORDER denying 60 Plaintiff's Motion for Reconsideration. Signed by Judge Henry H. Kennedy, Jr. on 1-3-06.(jpm) (Entered: 01/03/2006)
2006-03-0866MOTION for Extension of Time to File Appeal by MICHAEL SUSSMAN. (lc, ) (Entered: 03/09/2006)
2006-03-0867NOTICE OF APPEAL as to 65 Order on Motion for Reconsideration, 58 Memorandum & Opinion, 59 Judgment by MICHAEL SUSSMAN. Filing fee $ 0.00. (lc, ) (Entered: 03/09/2006)
2006-03-08Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 67 Notice of Appeal (lc, ) (Entered: 03/09/2006)
2006-03-09MINUTE ORDER granting 66 Plaintiff's Motion for Extension of Time to File Notice of Appeal. Signed by Judge Henry H. Kennedy on 3-9-06.(jpm) (Entered: 03/09/2006)
2006-03-10Supplemental Record on Appeal transmitted to US Court of Appeals re 67 Notice of Appeal (lc, ) (Entered: 03/10/2006)
2006-03-28USCA Case Number 06-5085 for 67 Notice of Appeal filed by MICHAEL SUSSMAN,. (lc, ) (Entered: 03/29/2006)
2007-07-3168OPINION by USCA 67 Notice of Appeal filed by MICHAEL SUSSMAN. (erd) (Entered: 08/01/2007)
2007-09-2869NOTICE of Subtitution of Counsel by Alan Burch on behalf of UNITED STATES MARSHALS SERVICE Substituting for attorney Laurie J. Weinstein and William Mark Nebeker (Burch, Alan) (Entered: 09/28/2007)
2007-10-0570MANDATE of USCA (certified copy) as to 67 Notice of Appeal filed by MICHAEL SUSSMAN that the judgment of the District Court appealed from in this cause be affirmed in part, reversed in part, vacated in part, and the case remanded for further proceedings. (Attachments: # 1 USCA Opinion dated 7/31/2007)(kb) (Entered: 10/26/2007)
2007-11-2771NOTICE of Appearance by Sean Joseph Hartigan on behalf of MICHAEL SUSSMAN (Hartigan, Sean) (Entered: 11/27/2007)
2008-06-0472NOTICE of Change of Address by Sean Joseph Hartigan (Hartigan, Sean) (Entered: 06/04/2008)
2008-07-1073ORDER requiring parties to confer and submit proposed briefing schedule by August 1, 2008. Signed by Judge Henry H. Kennedy on 7/10/08. (EHS) (Entered: 07/10/2008)
2008-08-0174RESPONSE TO ORDER OF THE COURT re 73 Order to File Joint Briefing Schedule filed by MICHAEL SUSSMAN, UNITED STATES MARSHALS SERVICE. (Burch, Alan) (Entered: 08/01/2008)
2008-08-04MINUTE ORDER: Based on the parties' proposed schedule, it is hereby ORDERED that the following schedule will govern the proceedings in this case: by August 15, 2008 plaintiff shall submit an appropriate waiver; by August 29, 2008 defendant shall release responsive materials and file a Vaughn index explaining its determination to withhold any materials not released; by October 14, 2008 the parties shall file dispositive motions; by November 14, 2008 the parties shall file responses to the dispositive motions; by December 2, 2008 the parties shall file replies. Issued by Judge Henry H. Kennedy on 08/04/08. (EHS) (Entered: 08/04/2008)
2008-08-2975NOTICE of Filing Vaughn Index by UNITED STATES MARSHALS SERVICE (Attachments: # 1 Vaughn index and cover letter for produced documents)(Burch, Alan) (Entered: 08/29/2008)
2008-10-1476Joint MOTION for Extension of Time to File Summary Judgment motions, oppositions, and replies by MICHAEL SUSSMAN, UNITED STATES MARSHALS SERVICE (Burch, Alan) (Entered: 10/14/2008)
2008-10-16MINUTE ORDER: It is hereby ORDERED that the parties' joint motion 76 to revise the briefing schedule for the dispositive motions is GRANTED. The summary judgment motions are due 10/24/08; the responses thereto are due 11/24/08; and the replies are due 12/12/08. Issued by Judge Henry H. Kennedy on 10/16/2008. (EHS) (Entered: 10/16/2008)
2008-10-2477MOTION for Summary Judgment & Supporting Statement of Material Facts by UNITED STATES MARSHALS SERVICE (Attachments: # 1 Exhibit Bordley Decl.)(Burch, Alan) (Entered: 10/24/2008)
2008-10-2478NOTICE of Filing Exhibits to Bordley Declaration by UNITED STATES MARSHALS SERVICE re 77 MOTION for Summary Judgment & Supporting Statement of Material Facts (Attachments: # 1 Exhibit)(Burch, Alan) (Entered: 10/24/2008)
2008-10-2479MOTION for Partial Summary Judgment by MICHAEL SUSSMAN (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Declaration Of Sean J. Hartigan, # 9 Statement of Facts (Undisputed), # 10 Text of Proposed Order)(Hartigan, Sean) Modified on 10/27/2008 to enhance docket text (tr). (Entered: 10/24/2008)
2008-11-2480Memorandum in opposition to re 79 MOTION for Summary Judgment (Partial) MOTION for Summary Judgment (Partial) filed by UNITED STATES MARSHALS SERVICE. (Burch, Alan) (Entered: 11/24/2008)
2008-11-2481Memorandum in opposition to re 77 MOTION for Summary Judgment & Supporting Statement of Material Facts filed by MICHAEL SUSSMAN. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Plaintiff Michael Sussman's Response To Defendant's Statement Of Material Facts)(Hartigan, Sean) (Entered: 11/24/2008)
2008-12-1282REPLY to opposition to motion re 77 MOTION for Summary Judgment & Supporting Statement of Material Facts filed by UNITED STATES MARSHALS SERVICE. (Attachments: # 1 Exhibit Second Supp. Bordley Decl.)(Burch, Alan) (Entered: 12/12/2008)
2008-12-1283ERRATA by UNITED STATES MARSHALS SERVICE 82 Reply to opposition to Motion filed by UNITED STATES MARSHALS SERVICE. (Attachments: # 1 Errata Corrected Reply Memo, # 2 Exhibit Second Supp. Bordley Decl.)(Burch, Alan) (Entered: 12/12/2008)
2008-12-1284REPLY re 80 Memorandum in Opposition filed by MICHAEL SUSSMAN. (Attachments: # 1 Exhibit 1)(Hartigan, Sean) (Entered: 12/12/2008)
2009-09-2585MEMORANDUM OPINION AND ORDER denying parties' motions for summary judgment, denying plaintiff's motion for limited discovery, and requiring the parties to meet and confer and prepare additional submissions for the record. Signed by Judge Henry H. Kennedy on 9/25/09. (EHS) (Entered: 09/25/2009)
2009-10-0886RESPONSE TO ORDER OF THE COURT re 85 Memorandum & Opinion, regarding deadline for supplementing the record filed by MICHAEL SUSSMAN, UNITED STATES MARSHALS SERVICE. (Burch, Alan) (Entered: 10/08/2009)
2009-10-08MINUTE ORDER: In light of the parties' response 86 , it is hereby ORDERED that on or before December 18, 2009, the defendant shall supplement the record in accordance with the Court's order 85 , and the parties shall confer and file a jointly proposed briefing schedule. Issued by Judge Henry H. Kennedy on 10/8/09. (EHS) (Entered: 10/08/2009)
2009-12-1887Joint MOTION for Extension of Time to Supplement the Record by MICHAEL SUSSMAN, UNITED STATES MARSHALS SERVICE (Burch, Alan) (Entered: 12/18/2009)
2009-12-18MINUTE ORDER: It is hereby ORDERED that the joint motion 87 for time through February 1, 2010 to supplement the record is GRANTED. Issued by Judge Henry H. Kennedy on 12/18/09. (EHS) (Entered: 12/18/2009)
2010-02-0188Joint MOTION for Extension of Time to File Vaughn Index and to Set Briefing Schedule by MICHAEL SUSSMAN, UNITED STATES MARSHALS SERVICE (Burch, Alan) (Entered: 02/01/2010)
2010-02-02MINUTE ORDER: It is hereby ORDERED that the parties' joint motion 88 to revise the case schedule is GRANTED. Accordingly, the defendant's Vaughn index is due 2/5/10; the defendant's motion for summary judgment is due 2/10/10; the plaintiff's opposition and cross-motion is due 3/10/10; the defendant's reply and opposition is due 3/26/10; and the plaintiff's reply is due 4/12/10. Issued by Judge Henry H. Kennedy on 2/2/10. (EHS) (Entered: 02/02/2010)
2010-02-0589Vaughn Index from US Marshals Service. (Attachments: # 1 Vaughn Index)(Burch, Alan) (Entered: 02/05/2010)
2010-02-1090Consent MOTION for Extension of Time to File Motion for Summary Judgment by UNITED STATES MARSHALS SERVICE (Burch, Alan) (Entered: 02/10/2010)
2010-02-1091Joint MOTION to Permit Filing Documents Under Seal by MICHAEL SUSSMAN, UNITED STATES MARSHALS SERVICE (Burch, Alan) (Entered: 02/10/2010)
2010-02-12MINUTE ORDER: It is hereby ORDERED that the defendant's consent motion 90 is GRANTED, and all deadlines governing the case are extended by two weeks. Issued by Judge Henry H. Kennedy on 2/12/10. (EHS) (Entered: 02/12/2010)
2010-02-1692ORDER denying joint motion 91 for leave to file under seal. Signed by Judge Henry H. Kennedy on 2/16/10. (EHS) (Entered: 02/16/2010)
2010-02-2493MOTION for Summary Judgment & supporting Memorandum and Statement of Material Facts by UNITED STATES MARSHALS SERVICE (Attachments: # 1 Declaration of William E. Bordley)(Burch, Alan) (Entered: 02/24/2010)
2010-03-2494Memorandum in opposition to re 93 MOTION for Summary Judgment & supporting Memorandum and Statement of Material Facts filed by MICHAEL SUSSMAN. (Attachments: # 1 Affidavit of Sean J. Hartigan, # 2 Exhibit 1 - part 1, # 3 Exhibit 1 - part 2, # 4 Exhibit 2, # 5 Text of Proposed Order)(Hartigan, Sean) (Entered: 03/24/2010)
2010-04-0995REPLY to opposition to motion re 93 MOTION for Summary Judgment & supporting Memorandum and Statement of Material Facts filed by UNITED STATES MARSHALS SERVICE. (Attachments: # 1 Exhibit 5th Supp. Decl. of Wm. Bordley)(Burch, Alan) (Entered: 04/09/2010)
2010-05-1096ORDER requiring parties to supplement record by 5/21/10. Signed by Judge Henry H. Kennedy, Jr., on 5/10/10. (EHS) (Entered: 05/10/2010)
2010-05-1997STIPULATION re 96 Order Joint Statement to Supplement Record by MICHAEL SUSSMAN, UNITED STATES MARSHALS SERVICE. (Attachments: # 1 Exhibit pertinent USMS release letters)(Burch, Alan) (Entered: 05/19/2010)
2010-05-2198RESPONSE TO ORDER OF THE COURT re 96 Order to Supplement the Record filed by UNITED STATES MARSHALS SERVICE. (Attachments: # 1 Bordley 6th Supp. Decl.)(Burch, Alan) (Entered: 05/21/2010)
2010-09-0199MEMORANDUM OPINION AND ORDER granting in part and denying in part defendant's second renewed motion for summary judgment and directing the parties to submit a joint case management plan and briefing schedule no later than September 24, 2010. Signed by Judge Henry H. Kennedy, Jr. on September 1, 2010. (NP) (Entered: 09/01/2010)
2010-09-01Set/Reset Deadlines: Joint case management plan and briefin schedule on later than 9/24/2010. (gdf) (Entered: 09/01/2010)
2010-09-24100Joint MOTION for Extension of Time to File Case Management Plan and Briefing Schedule by MICHAEL SUSSMAN, UNITED STATES MARSHALS SERVICE (Burch, Alan) (Entered: 09/24/2010)
2010-09-28MINUTE ORDER: The parties' joint 100 Motion for Extension of Time is granted, and their proposed case management plan is due by October 1, 2010. Signed by Judge Henry H. Kennedy on 9/28/10. (ms, ) (Entered: 09/28/2010)
2010-10-01101RESPONSE TO ORDER OF THE COURT re 99 Order,, Memorandum & Opinion, Order on Motion for Extension of Time to File Joint Case Management Plan and Briefing Schedule filed by MICHAEL SUSSMAN, UNITED STATES MARSHALS SERVICE. (Burch, Alan) (Entered: 10/01/2010)
2010-10-01102Joint MOTION for Briefing Schedule by MICHAEL SUSSMAN, UNITED STATES MARSHALS SERVICE. (See Docket Entry 101 to view document). (znmw, ) (Entered: 10/04/2010)
2010-10-07103MINUTE ORDER granting 102 Joint Motion to Set Briefing Schedule. Accordingly, defendant's motion for summary judgment is due on November 1, 2010; plaintiff's opposition and any cross-motion are due on December 1, 2010; defendant's reply and opposition to plaintiff's cross-motion is due on December 22, 2010; and plaintiff's reply is due on January 12, 2011. Signed by Judge Henry H. Kennedy, Jr. on October 7, 2010. (NP) (Entered: 10/07/2010)
2010-11-01104Supplemental MOTION for Summary Judgment and supporting Memorandum and Statement of Material Facts by UNITED STATES MARSHALS SERVICE (Attachments: # 1 7th Supp. Decl. of Wm. Bordley)(Burch, Alan) (Entered: 11/01/2010)
2010-12-01105MOTION for Partial Summary Judgment by MICHAEL SUSSMAN (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Statement of Material Facts, # 5 Reseponse to Defendant's Statement of Material Facts, # 6 Proposed Order)(Hartigan, Sean) (Entered: 12/01/2010)
2010-12-21106REPLY to opposition to motion re 104 Supplemental MOTION for Summary Judgment and supporting Memorandum and Statement of Material Facts and Opposition to Plaintiff's Motion for Summary Judgment 105 filed by UNITED STATES MARSHALS SERVICE. (Attachments: # 1 8th Decl. of Wm. Bordley)(Burch, Alan) (Entered: 12/21/2010)
2010-12-21107Memorandum in opposition to re 105 MOTION for Partial Summary Judgment filed by UNITED STATES MARSHALS SERVICE. (Attachments: # 1 8th Bordley Decl.)(Burch, Alan) (Entered: 12/21/2010)
2011-01-12108REPLY to opposition to motion re 105 MOTION for Partial Summary Judgment filed by MICHAEL SUSSMAN. (Attachments: # 1 Exhibit 1)(Hartigan, Sean) (Entered: 01/12/2011)
2011-07-21109ORDER for further briefing. Signed by Judge Henry H. Kennedy on 7/21/2011. (DJMAC, ) (Entered: 07/21/2011)
2011-07-29110Consent MOTION for Extension of Time to submit further briefing by UNITED STATES MARSHALS SERVICE (Burch, Alan) (Entered: 07/29/2011)
2011-08-03MINUTE ORDER granting 110 Defendant's Consent Motion to Enlarge Time. The parties shall file their additional briefing on or before August 24, 2011. Signed by Judge Henry H. Kennedy on 8/3/2011. (DJMAC, ) (Entered: 08/03/2011)
2011-08-24111RESPONSE TO ORDER OF THE COURT re 109 Order filed by MICHAEL SUSSMAN. (Hartigan, Sean) (Entered: 08/24/2011)
2011-08-24112Consent MOTION for Extension of Time to File Supplemental Briefing by UNITED STATES MARSHALS SERVICE (Burch, Alan) (Entered: 08/24/2011)
2011-08-24MINUTE ORDER granting 112 Defendant's Second Consent Motion to Enlarge Time. Defendant shall file its additional briefing on or before August 26, 2011. Signed by Judge Henry H. Kennedy on 8/24/11. (DJMAC, ) (Entered: 08/24/2011)
2011-08-26113SUPPLEMENTAL MEMORANDUM re 109 Order by UNITED STATES MARSHALS SERVICE. (Attachments: # 1 Exhibit Walker Mem. Op., # 2 Exhibit Lora Mem. Op.)(Burch, Alan) Modified event title on 8/29/2011 (znmw, ). (Entered: 08/26/2011)
2011-09-06114PORTION VACATED PURSUANT MEMORANDUM OPINION AND ORDER FILED 12/12/2011.....MEMORANDUM AND OPINION. Signed by Judge Henry H. Kennedy on 9/6/11. (DJMAC, ) Modified on 12/14/2011 (rje, ). (Entered: 09/06/2011)
2011-09-06115ORDER granting in part and denying in part 104 Motion for Summary Judgment; denying 105 Motion for Partial Summary Judgment. Signed by Judge Henry H. Kennedy on 9/6/11. (DJMAC, ) (Entered: 09/06/2011)
2011-10-03116MOTION for Reconsideration re 115 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment, 114 Memorandum & Opinion Regarding Count VII by UNITED STATES MARSHALS SERVICE (Burch, Alan) (Entered: 10/03/2011)
2011-10-06117Joint MOTION to Set Case Schedule by MICHAEL SUSSMAN, UNITED STATES MARSHALS SERVICE (Hartigan, Sean) (Entered: 10/06/2011)
2011-10-19118Memorandum in opposition to re 116 MOTION for Reconsideration re 115 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment, 114 Memorandum & Opinion Regarding Count VII filed by MICHAEL SUSSMAN. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Hartigan, Sean) (Entered: 10/19/2011)
2011-10-31119REPLY to opposition to motion re 116 MOTION for Reconsideration re 115 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment, 114 Memorandum & Opinion Regarding Count VII filed by UNITED STATES MARSHALS SERVICE. (Burch, Alan) (Entered: 10/31/2011)
2011-12-12120Case reassigned to Chief Judge Royce C. Lamberth. Judge Henry H. Kennedy has retired and is no longer assigned to the case. (gt, ) (Entered: 12/12/2011)
2011-12-12121MEMORANDUM OPINION AND ORDER granting in part and deferring ruling on in part 116 Motion for Reconsideration, vacating in part 114 Memorandum Opinion, and requiring a surreply to be filed on or before 1/12/12. Signed by Chief Judge Royce C. Lamberth on 12/12/2011. (DJMAC, ) Modified on 12/12/2011 (DJMAC, ). (Entered: 12/12/2011)
2011-12-14MINUTE ORDER denying 117 Joint Motion to Set Case Schedule. The Court will again invite the parties to propose a case schedule if Count VII survives summary judgment upon reconsideration. Signed by Chief Judge Royce C. Lamberth on 12/14/2011. (DJMAC, ) (Entered: 12/14/2011)
2011-12-14Set/Reset Deadlines: Plaintiff's Surreply due by 1/12/2012. (rje, ) (Entered: 12/14/2011)
2012-01-12122SURREPLY to re 116 MOTION for Reconsideration re 115 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment, 114 Memorandum & Opinion Regarding Count VII filed by MICHAEL SUSSMAN. (Attachments: # 1 Exhibit 1)(Hartigan, Sean) (Entered: 01/12/2012)
2012-01-18123NOTICE OF SUPPLEMENTAL AUTHORITY by UNITED STATES MARSHALS SERVICE (Attachments: # 1 Paige decision)(Burch, Alan) (Entered: 01/18/2012)
2012-09-28124MEMORANDUM AND ORDER denying without prejudice to refile 116 Motion for Partial Reconsideration; ordering ninety (90) day period of additional limited discovery. Signed by Chief Judge Royce C. Lamberth on 09/28/2012. (lcrcl4) (Entered: 09/28/2012)
2012-12-13125STIPULATION of Dismissal and Settlement by MICHAEL SUSSMAN, UNITED STATES MARSHALS SERVICE. (Burch, Alan) (Entered: 12/13/2012)
2012-12-17126STIPULATION OF SETTLEMENT AND ORDER OF DISMISSAL. Signed by Chief Judge Royce C. Lamberth on 12/14/2012. (lcrcl4) (Entered: 12/17/2012)
2012-12-21127Joint MOTION for Extension of Time to File a Motion for Attorney Fees by MICHAEL SUSSMAN (Hartigan, Sean) (Entered: 12/21/2012)
2012-12-21128ORDER granting 127 Motion for Extension of Time to File Motion for Attorneys' Fees. Such motion shall be filed on or before January 14, 2013. Signed by Chief Judge Royce C. Lamberth on 12/21/2012. (lcrcl4) (Entered: 12/21/2012)
2012-12-21Set/Reset Deadlines: Plaintiff Motion for attorneys fees due by 1/14/2013. (rje) (Entered: 12/21/2012)
2013-01-14129STIPULATION Re Attorney's Fees by MICHAEL SUSSMAN, UNITED STATES MARSHALS SERVICE. (Burch, Alan) (Entered: 01/14/2013)
2013-02-14130STIPULATION AND ORDER regarding attorneys' fees. Signed by Chief Judge Royce C. Lamberth on 02/13/2013. (lcrcl4) (Entered: 02/14/2013)
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