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Case TitleMEMPHIS PUBLISHING COMPANY et al v. FEDERAL BUREAU OF INVESTIGATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2010cv01878
Date Filed2010-11-03
Date Closed2013-02-25
JudgeJudge Amy Berman Jackson
PlaintiffMEMPHIS PUBLISHING COMPANY publisher of The Commercial Appeal
PlaintiffMARC PERRUSQUIA
DefendantFEDERAL BUREAU OF INVESTIGATION
AppealD.C. Circuit 12-5309
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Opinion/Order [30]
FOIA Project Annotation: Judge Amy Berman Jackson has ruled the FBI cannot use the (c)(2) exclusion to neither confirm nor deny that civil rights photographer Ernest Withers was a confidential informant because the agency already confirmed his status by releasing several documents to Memphis Commercial Appeal reporter Marc Perusquia as part of his FOIA request. After Withers died in 2007, Perusquia requested his FBI files. He received 115 pages with some information exempted. He appealed the FBI's response to the Justice Department's Office of Information Policy and indicated that his request included Withers' FBI informant file. The FBI agreed to conduct another search and produced an additional 254 pages with redactions. After OIP upheld the FBI's action, the FBI disclosed another 373 pages. Perusquia then brought suit, alleging the agency had failed to release Withers' informant file and had not even acknowledged its existence. Jackson then held a hearing on whether or not the (c)(2) exclusion applied in this case. Although the FBI argued that Withers' status as an informant had not been confirmed by anything it disclosed, Perusquia pointed to one document that read: "Ernest Columbus Withers was formerly designated as ME 338-R [redacted text] captioned 'Ernest Columbus Withers; CI.'" Another document included the notation of "Conf. Info." The two documents, which had been released in response to Perusquia's FOIA request, were again publicly disclosed by the agency as part of its summary judgment motion filed in court. In court, the FBI contended the disclosure was inadvertent and did not constitute an official confirmation. Jackson reviewed the legislative history of the 1986 Amendments that contained the exclusions, noting they were included to prevent agencies from having to implicitly disclose a confidential source by citing Exemption 7(D) (confidential sources) as the reason for withholding identifying information. Instead, "the (c)(2) exclusion allows the government to inform the requester that it has no records responsive to the FOIA request without having to reveal whether or not there is a file or the named individual is actually an informant. By its own terms, the (c)(2) exclusion becomes inapplicable if and when an individual's status as an informant 'has been officially confirmed.'" Perusquia urged Jackson to restrict the exclusion's use to instances involving living individuals cooperating with narcotics or organized crime investigations where disclosing information could endanger the integrity of the investigation or the safety of an informant. He argued the exclusion did not apply here because Withers was dead and there was no ongoing criminal investigation into the civil rights movement. But Jackson rejected Perusquia's contention. She noted that "here, the (c)(2) exclusion as written does not contain any of the limitations that plaintiffs ask the Court to read into the statute. Rather, it applies 'whenever' informant records are requested in a certain manner." However, Jackson concluded that "the Court does not need to reach the question of whether the (c)(2) exclusion should be as limited as plaintiffs. . .suggest. Because even if the plain language of the exclusion is applied without the proposed narrowing, the exclusion would have no relevance 'if the informant's status as an informant has been officially confirmed.'" Both sides pointed out that Wolf v. CIA, 473 F.3d 370 (D.C. Cir. 2007), contained a standard for what constituted official acknowledgment for purposes of classified information, but Jackson noted that "there is a question as to whether that test should be applied here," and observed that a recent Ninth Circuit decision, Pickard v. DOJ, 653 F.3d 782 (9th Cir. 2011), specifically rejected the official acknowledgment standard as too restrictive in the context of an official confirmation of a confidential informant relationship. Jackson resolved the issue by pointing out that "a FOIA response is an 'official' communication by an agency made by personnel authorized to make such a disclosure." She added, here, "if the inclusion of the records in a FOIA response alone leaves some room to doubt the conclusiveness of the confirmation, the FBI disclosed the documents a second time in this case by attaching them as exhibits to its motion for summary judgment on the public docket. The filing provided even more detail than the first disclosure since notes were added to the original records explaining that the redactions from the document were made pursuant to Exemption 7(D), the category that applies to confidential source information." The FBI contended that the disclosed records "do not signify that Withers was a confidential informant." Jackson responded that "this argument is not worthy of serious consideration and it insults the common sense of anyone who reads the documents, especially now that the FBI has cited Exemption 7(D) as the justification for the partial redactions. The FBI also asserts that Withers' daughter has informed reporters that the documents do not convince her that her father served as an informant. The Court is not persuaded that an interested family member's perspective, however sincere it may be, sheds much light on the issue." Nonetheless, the FBI continued to insist that no official confirmation had taken place and that it had a strict policy against ever confirming or denying the identities of confidential sources. Jackson indicated that "but the statute, which the FBI contends must be strictly construed, expressly contemplates that there will be circumstances where official confirmation has occurred. If the FBI is claiming that confirmation has not been provided by the FBI here because such confirmation is never provided, then it is taking the position that the exception expressly included in the statute is never going to be available." The FBI also claimed the disclosure was inadvertent and did not constitute an official confirmation. Perusquia argued that "inadvertent" was not the same thing as "unofficial." Jackson replied that "the FBI can point to no statutory language that calls for a showing of intent before confirmation can be 'official' or that requires a planned or purposeful revelation. Congress simply used the passive voice and provided that the exclusion would no longer be available if the informant's status 'has been officially confirmed.' And plaintiffs' point of view is consistent with the dictionary definition of the term: the word confirmation simply means that a fact has been established, not that it was formally or purposefully announced. Applying these definitions, the documentsâ€"which were 'officially' disclosed by the FBIâ€"serve to corroborate, verify, and add new assurance to the validity of the assertion that Mr. Withers functioned as a confidential informant for the FBI." Jackson pointed out that whether or not the disclosure was inadvertent, her ruling only required the agency to admit Withers' status as a confidential informant and did not reach the question of whether or not the records were protected by exemptions. But she noted that "more important, the claim of inadvertence being advanced here is a day late and a dollar short. It was first raised well after the disclosures, and it is entirely conclusory." Noting that Justice guidance indicated application of the exclusion should not be announced publicly, Jackson observed that "yet here, the FBI did no such thing. Instead, it responded to plaintiffs' motion for summary judgment with an opposition on the public docket expressly citing the (c)(2) exclusion. In other words, this is yet another example of official, public action by the FBI that tends to verify the informant's status and undermine the FBI's claim that merely complying with the FOIA regime and acknowledging the existence of the records or invoking Exemption 7(D) would cause some harm that the exemptions were designed to prevent." Jackson reassured the FBI that her decision was not intended to establish a precedent for evaluating the use of exclusions. She pointed out that "the Court does not hold that the informant file must be producedâ€"only that if the FBI has relied on the (c)(2) exclusion to treat the records as outside the scope of FOIA, that exclusion is no longer available in this case. So the FBI must review the file if it exists and then either produce the responsive documents or provide a Vaughn index identifying the specific exemptions under which any responsive documents have been withheld."
Issues: Exclusions - Disclosure of informant records requested by third party
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2010-11-031COMPLAINT against FEDERAL BUREAU OF INVESTIGATION ( Filing fee $ 350, receipt number 4616033939) filed by MEMPHIS PUBLISHING COMPANY, MARC PERRUSQUIA. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Civil Cover Sheet)(rdj) (Entered: 11/04/2010)
2010-11-03SUMMONS (3) Issued as to FEDERAL BUREAU OF INVESTIGATION, U.S. Attorney and U.S. Attorney General (rdj) (Entered: 11/04/2010)
2010-11-182RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on Attorney General. Date of Service Upon Attorney General November 4, 2010. (Walz, Christine) (Entered: 11/18/2010)
2010-11-183RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 11/4/2010 (Walz, Christine) (Entered: 11/18/2010)
2010-11-184RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed in a FOIA Case as to the U.S. Attorney for DC; for U.S. Attorney. (Walz, Christine) (Entered: 11/18/2010)
2010-11-185NOTICE of Service by MEMPHIS PUBLISHING COMPANY, MARC PERRUSQUIA (Walz, Christine) (Entered: 11/18/2010)
2010-11-21Set/Reset Deadlines: Answer due by 12/6/2010, (znmw, ) (Entered: 11/21/2010)
2010-12-066NOTICE of Appearance by Wendy M. Doty on behalf of FEDERAL BUREAU OF INVESTIGATION (Doty, Wendy) (Entered: 12/06/2010)
2010-12-067ANSWER to 1 Complaint, by FEDERAL BUREAU OF INVESTIGATION.(Doty, Wendy) (Entered: 12/06/2010)
2010-12-078STANDING ORDER signed by Judge Ricardo M. Urbina on 12/7/2010. Read the Standing Order carefully, it will govern this case. Failure to follow the Standing Order will result in sanctions. (tg, ) (Entered: 12/07/2010)
2011-01-269MOTION for Summary Judgment by MEMPHIS PUBLISHING COMPANY, MARC PERRUSQUIA (Attachments: # 1 Exhibit Exhibit A, # 2 Declaration Declaration of Marc Perrusquia--Part 1, # 3 Declaration Declaration of Marc Perrusquia--Part 2, # 4 Declaration Declaration of Marc Perrusquia--Part 3, # 5 Declaration Declaration of Marc Perrusquia--Part 4, # 6 Declaration Declaration of Marc Perrusquia--Part 5, # 7 Declaration Declaration of Marc Perrusquia--Part 6, # 8 Declaration Declaration of Marc Perrusquia--Part 7, # 9 Declaration Declaration of Marc Perrusquia--Part 8, # 10 Declaration Declaration of Marc Perrusquia--Part 9, # 11 Declaration Declaration of Athan Theoharis, # 12 Declaration Declaration of Betty Lawrence, # 13 Text of Proposed Order Proposed Order)(Walz, Christine) (Entered: 01/26/2011)
2011-01-2810ERRATA by MEMPHIS PUBLISHING COMPANY, MARC PERRUSQUIA 9 MOTION for Summary Judgment filed by MARC PERRUSQUIA, MEMPHIS PUBLISHING COMPANY. (Attachments: # 1 Declaration Declaration of Marc Perrusquia--Part 5, # 2 Declaration Declaration of Marc Perrusquia--Part 6)(Walz, Christine) (Entered: 01/28/2011)
2011-02-0811MOTION for Extension of Time to File Response/Reply as to 9 MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Declaration Declaration of David M. Hardy, # 2 Text of Proposed Order)(Doty, Wendy) (Entered: 02/08/2011)
2011-02-09MINUTE ORDER. Upon consideration of the defendant's representations in its motion for an extension of time that the plaintiff opposes the defendant's proposed schedule, it is hereby ORDERED that the plaintiffs shall file their opposition to the defendant's motion for an extension of time at or before 2:00 p.m. on February 11, 2011. SO ORDERED. Signed by Judge Ricardo M. Urbina on 02/09/11. (EN, ) (Entered: 02/09/2011)
2011-02-09Set/Reset Deadlines: Plaintiffs' opposition to defendant's motion for an extension of time due at or before 2:00 p.m. on 2/11/2011. (tg, ) (Entered: 02/09/2011)
2011-02-0912Memorandum in opposition to re 11 MOTION for Extension of Time to File Response/Reply as to 9 MOTION for Summary Judgment filed by MEMPHIS PUBLISHING COMPANY, MARC PERRUSQUIA. (Attachments: # 1 Text of Proposed Order)(Walz, Christine) (Entered: 02/09/2011)
2011-02-1013REPLY to opposition to motion re 11 MOTION for Extension of Time to File Response/Reply as to 9 MOTION for Summary Judgment filed by FEDERAL BUREAU OF INVESTIGATION. (Doty, Wendy) (Entered: 02/10/2011)
2011-02-10MINUTE ORDER granting 11 in part the defendant's motion for extension of time. Upon consideration of the defendant's motion for an extension of time to respond to the plaintiffs' motion for summary judgment, the plaintiffs' opposition, the defendant's reply and the record in this case, it is hereby ORDERED that the motion is GRANTED in part. Although the defendant seeks a five month extension, the court will grant it a four month extension of time to respond to the plaintiffs' motion for summary judgment and file its cross-motion. Accordingly, it is FURTHER ORDERED that the defendant shall have up to and including June 15, 2011 to file its opposition to the plaintiffs' motion for summary judgment and its cross-motion for summary judgment; the plaintiffs shall have up to and including July 13, 2011 to file their reply in support of their motion for summary judgment and their opposition to the defendant's cross-motion; and the the defendant shall have up to and including July 27, 2011 to file its reply in support of its cross-motion. SO ORDERED. Signed by Judge Ricardo M. Urbina on 02/10/11. (EN, ) (Entered: 02/10/2011)
2011-02-10Set/Reset Deadlines: Defendant's opposition to plaintiff's motion for summary judgment and filing of Cross-Motion due by 6/15/2011. Plaintiff's reply to defendant's opposition to the motion for summary judgment and opposition to the cross-motion due by 7/13/2011. Defendant's reply in support of its cross motion due by 7/27/2011. (tg, ) (Entered: 02/11/2011)
2011-03-30Case Randomly Reassigned to U.S. District Judge Amy Berman Jackson. Judge Ricardo M. Urbina no longer assigned to the case. (jeb, ) (Entered: 03/30/2011)
2011-06-1514Cross MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Decl. of Dennis J. Argall, # 4 Exhibit Exhibits A-W, # 5 Exhibit Ex. X -- Part 1, # 6 Exhibit Ex. X -- Part 2, # 7 Exhibit Ex. X. -- Part 3, # 8 Text of Proposed Order)(Doty, Wendy) (Entered: 06/15/2011)
2011-06-1515Memorandum in opposition to re 9 MOTION for Summary Judgment filed by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Statement of Facts Response to Statement of Facts, # 2 Declaration Declaration of Dennis J. Argall, # 3 Exhibit Exs. A to W, # 4 Exhibit Ex. X - Part 1, # 5 Exhibit Ex. X - Part 2, # 6 Exhibit Ex. X - Part 3)(Doty, Wendy) (Entered: 06/15/2011)
2011-06-1516ENTERED IN ERROR.....Memorandum in opposition to re 9 MOTION for Summary Judgment filed by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Statement of Facts Response to St. of Facts, # 2 Declaration Decl. of Dennis J. Argall, # 3 Exhibit Exs. A to W, # 4 Exhibit Ex. X - Part 1, # 5 Exhibit Ex. X - Part 2, # 6 Exhibit Ex. X - Part 3)(Doty, Wendy) Modified on 6/16/2011 (znmw, ). (Entered: 06/15/2011)
2011-06-16NOTICE OF CORRECTED DOCKET ENTRY: Docket Entry 16 Memorandum in Opposition was entered in error as a duplicate of Docket Entry 15 Memorandum in Opposition.(znmw, ) (Entered: 06/16/2011)
2011-07-0817MOTION to Stay the Proceedings by MEMPHIS PUBLISHING COMPANY, MARC PERRUSQUIA (Attachments: # 1 Memorandum in Support Memorandum in Support, # 2 Text of Proposed Order Text of Proposed Order)(Walz, Christine) (Entered: 07/08/2011)
2011-07-0818MOTION to Compel PRODUCTION OF VAUGHN INDEX FOR ERNEST WITHERS' CONFIDENTIAL INFORMANT FILE AND MOTION FOR IN CAMERA REVIEW OF THE FILE by MEMPHIS PUBLISHING COMPANY, MARC PERRUSQUIA (Attachments: # 1 Memorandum in Support Memorandum in Support, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhbit D, # 6 Exhibit Exhibit E, # 7 Exhibit Exhibit F, # 8 Text of Proposed Order Text of Proposed Order)(Walz, Christine). Added MOTION for In Camera Review on 7/11/2011 (jf, ). (Entered: 07/08/2011)
2011-07-1319MOTION to Strike 18 MOTION to Compel PRODUCTION OF VAUGHN INDEX FOR ERNEST WITHERS' CONFIDENTIAL INFORMANT FILEMOTION for In Camera Review by FEDERAL BUREAU OF INVESTIGATIONor, in the alternative, MOTION for Extension of Time (Attachments: # 1 Text of Proposed Order)(Doty, Wendy). Added MOTION for Extension of Time to on 7/28/2011 (jf, ). (Entered: 07/13/2011)
2011-07-1320Memorandum in opposition to re 17 MOTION to Stay the Proceedings filed by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order)(Doty, Wendy) (Entered: 07/13/2011)
2011-07-16NOTICE of Hearing on Motions re: 17 MOTION to Stay the Proceedings , 18 MOTION to Compel PRODUCTION OF VAUGHN INDEX FOR ERNEST WITHERS' CONFIDENTIAL INFORMANT FILE, 19 MOTION to Strike. Motions Hearing set for 8/3/2011 at 10:30 AM in Courtroom 3 before Judge Amy Berman Jackson. (jth) (Entered: 07/16/2011)
2011-07-2021REPLY to opposition to motion re 17 MOTION to Stay the Proceedings for Consideration of Summary Judgment filed by MEMPHIS PUBLISHING COMPANY, MARC PERRUSQUIA. (Tobin, Charles) (Entered: 07/20/2011)
2011-07-2522NOTICE of Appearance by Lesley R. Farby on behalf of FEDERAL BUREAU OF INVESTIGATION (Farby, Lesley) (Entered: 07/25/2011)
2011-07-2523Memorandum in opposition to re 18 MOTION to Compel PRODUCTION OF VAUGHN INDEX FOR ERNEST WITHERS' CONFIDENTIAL INFORMANT FILEMOTION for In Camera Review filed by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order)(Doty, Wendy) (Entered: 07/25/2011)
2011-07-2724Memorandum in opposition to re 19 MOTION to Strike 18 MOTION to Compel PRODUCTION OF VAUGHN INDEX FOR ERNEST WITHERS' CONFIDENTIAL INFORMANT FILEMOTION for In Camera Review filed by MEMPHIS PUBLISHING COMPANY, MARC PERRUSQUIA. (Attachments: # 1 Exhibit Exhibit A, # 2 Text of Proposed Order Proposed Order)(Tobin, Charles) (Entered: 07/27/2011)
2011-08-0125REPLY to opposition to motion re 19 MOTION to Strike 18 MOTION to Compel PRODUCTION OF VAUGHN INDEX FOR ERNEST WITHERS' CONFIDENTIAL INFORMANT FILEMOTION for In Camera Review MOTION for Extension of Time to MOTION to Strike 18 MOTION to Compel PRODUCTION OF VAUGHN INDEX FOR ERNEST WITHERS' CONFIDENTIAL INFORMANT FILEMOTION for In Camera Review filed by FEDERAL BUREAU OF INVESTIGATION. (Doty, Wendy) (Entered: 08/01/2011)
2011-08-0126REPLY to opposition to re 18 MOTION to Compel PRODUCTION OF VAUGHN INDEX FOR ERNEST WITHERS' CONFIDENTIAL INFORMANT FILEMOTION for In Camera Review MOTION for Extension of Time to MOTION to Strike 18 MOTION to Compel PRODUCTION OF VAUGHN INDEX FOR ERNEST WITHERS' CONFIDENTIAL INFORMANT FILEMOTION for In Camera Review filed by MEMPHIS PUBLISHING COMPANY, MARC PERRUSQUIA. (Attachments: # 1 Exhibit A)(Tobin, Charles) Modified on 8/3/2011 to correct docket text (jf, ). (Entered: 08/01/2011)
2011-08-03Minute Entry. Motion Hearing held on 8/3/2011 before Judge Amy Berman Jackson: Taking under advisement Plaintiffs' 17 Motion to Stay and Plaintiffs' 18 Motion to Compel; and 18 Motion for In Camera Review. Denying Defendants 19 Motion to Strike and Denying as moot 19 The Motion for Extension of Time to respond to the motion to compel. Defendants opposition to the motion to compel was filed on July 25, 2011. (Court Reporter Lisa Schwam) (jth) (Entered: 08/03/2011)
2011-08-03MINUTE ORDER On August 3, 2001, the Court held a hearing on plaintiffs' motion to stay the proceedings [Dkt #17], plaintiffs' motion to compel production of Vaughn index [Dkt #18], and defendant's motion to strike the motion to compel [Dkt #19]. In consideration of the motions, the oppositions, the replies, and the arguments of counsel, it is ORDERED that a hearing will be held on the issue presented in the motion to compel, which is also presented in plaintiff's motion for summary judgment, that is, the applicability of 5 U.S.C. §552(c)(2) to plaintiffs' FOIA request, on October 4, 2011 at 10:00 a.m. It is FURTHER ORDERED that the schedule established by the Court on February 10, 2011 is hereby revised, such that the dates for any further briefing on the cross motions for summary judgment will be established in connection with the Court's order ruling on the motion to compel. Signed by Judge Amy Berman Jackson on 8/3/2011. (lcabj2, ) (Entered: 08/03/2011)
2011-08-03MINUTE ORDER denying 17 Motion to Stay as moot. Signed by Judge Amy Berman Jackson on 8/3/2011. (lcabj2) (Entered: 08/03/2011)
2011-08-07Set/Reset Deadlines as to 18 MOTION to Compel PRODUCTION OF VAUGHN INDEX. Motion Hearing set for 10/4/2011 at 10:00 AM in Courtroom 3 before Judge Amy Berman Jackson. (jth) (Entered: 08/07/2011)
2011-10-04Minute Entry for Proceedings held before Judge Amy Berman Jackson. Motions Hearing held on 10/4/2011 re: 18 MOTION to Compel PRODUCTION OF VAUGHN INDEX FOR ERNEST WITHERS' CONFIDENTIAL INFORMANT FILE and 18 MOTION for In Camera Review filed by the Plaintiffs' MEMPHIS PUBLISHING COMPANY, and MARC PERRUSQUIA. Both Motions 18 were Heard and Taken Under Advisement. (Court Reporter Lisa Schwam) (jth) (Entered: 10/04/2011)
2011-10-1427MOTION for Leave to File Post-Argument Memorandum by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order, # 2 Post-Argument Memorandum)(Farby, Lesley) (Entered: 10/14/2011)
2011-10-17MINUTE ORDER granting 27 Motion for Leave to File Post-Argument Memorandum. Plaintiffs may respond to any new arguments with points not already briefed by October 24, 2011. Signed by Judge Amy Berman Jackson on 10/17/2011. (lcabj2) (Entered: 10/17/2011)
2011-10-1728POST-ARGUMENT MEMORANDUM by FEDERAL BUREAU OF INVESTIGATION. (jf, ) (Entered: 10/18/2011)
2011-10-18Set/Reset Deadlines: Plaintiffs may respond to Defendant's post argument memorandum with any new arguments with points that have not already briefed by 10/24/2011. (jth) (Entered: 10/18/2011)
2011-10-2129RESPONSE re 28 Memorandum filed by MEMPHIS PUBLISHING COMPANY, MARC PERRUSQUIA. (Tobin, Charles) (Entered: 10/21/2011)
2012-01-3130MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 1/31/2012. (Attachments: (1) Exhibit #1, (2) Exhibit #2) (jth) (Entered: 01/31/2012)
2012-01-3131ORDER for the reasons stated in the accompanying memorandum opinion, plaintiffs' 18 motion to compel production of the Vaughn Index is granted. The 18 motion to compel the FBI to produce the materials for in camera review is denied without prejudice. The cross motions for summary judgment [Dkt. #9 and #14] are denied as moot without prejudice to the filing of updated dispositive motions at a later point in this litigation. Signed by Judge Amy Berman Jackson on 1/31/2012. (jth) (Entered: 01/31/2012)
2012-01-31VACATED PURSUANT TO MINUTE ORDER FILED 03/09/2012.....MINUTE ORDER It is ordered that defendant must produce the Vaughn Index to plaintiffs on or before Friday, March 16, 2012. Signed by Judge Amy Berman Jackson on 1/31/2012. (lcabj2) Modified on 3/9/2012 (jth). (Entered: 01/31/2012)
2012-01-31Set/Reset Deadlines: Vaughn Index due by 3/16/2012. (jth) (Entered: 01/31/2012)
2012-02-2132MOTION for Reconsideration re 30 Memorandum & Opinion, 31 Order on Motion for Summary Judgment,, Order on Motion to Compel, Order on Motion for Miscellaneous Relief,,,, Order on the Basis of Ex Parte, In Camera Declaration by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Email from Charles Tobin (Feb. 17, 2012))(Farby, Lesley) (Entered: 02/21/2012)
2012-02-2333RESPONSE re 32 MOTION for Reconsideration re 30 Memorandum & Opinion, 31 Order on Motion for Summary Judgment,, Order on Motion to Compel, Order on Motion for Miscellaneous Relief,,,, Order on the Basis of Ex Parte, In Camera Declaration MOTION for Reconsideration re 30 Memorandum & Opinion, 31 Order on Motion for Summary Judgment,, Order on Motion to Compel, Order on Motion for Miscellaneous Relief,,,, Order on the Basis of Ex Parte, In Camera Declaration filed by MEMPHIS PUBLISHING COMPANY, MARC PERRUSQUIA. (Attachments: # 1 Text of Proposed Order)(Tobin, Charles) (Entered: 02/23/2012)
2012-02-2934REPLY to opposition to motion re 32 MOTION for Reconsideration re 30 Memorandum & Opinion, 31 Order on Motion for Summary Judgment,, Order on Motion to Compel, Order on Motion for Miscellaneous Relief,,,, Order on the Basis of Ex Parte, In Camera Declaration MOTION for Reconsideration re 30 Memorandum & Opinion, 31 Order on Motion for Summary Judgment,, Order on Motion to Compel, Order on Motion for Miscellaneous Relief,,,, Order on the Basis of Ex Parte, In Camera Declaration filed by FEDERAL BUREAU OF INVESTIGATION. (Doty, Wendy) (Entered: 02/29/2012)
2012-03-0235MOTION to Stay Pending Appeal Determination by Solicitor General by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Email from Charles Tobin)(Farby, Lesley) (Entered: 03/02/2012)
2012-03-0736RESPONSE re 35 MOTION to Stay Pending Appeal Determination by Solicitor General Opposition filed by MEMPHIS PUBLISHING COMPANY, MARC PERRUSQUIA. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit)(Tobin, Charles) (Entered: 03/07/2012)
2012-03-0837REPLY to opposition to motion re 35 MOTION to Stay Pending Appeal Determination by Solicitor General filed by FEDERAL BUREAU OF INVESTIGATION. (Farby, Lesley) (Entered: 03/08/2012)
2012-03-09MINUTE ORDER While defendant's motion for reconsideration and motion to stay pending appeal determination are under review, the Court will vacate its prior order that defendant must produce the Vaughn Index by March 16, 2012. Signed by Judge Amy Berman Jackson on 3/9/2012. (lcabj2) (Entered: 03/09/2012)
2012-04-0438MEMORANDUM OPINION AND ORDER denying 32 Motion for Reconsideration. Signed by Judge Amy Berman Jackson on 4/4/2012. (lcabj2) (Main Document 38 replaced on 4/4/2012) (zjth, ). (Entered: 04/04/2012)
2012-04-04MINUTE ORDER Plaintiff opposes the stay on the grounds that the FBI has not established the four factors needed for a stay, but it also states that the FBI is obliged to move to certify the issues for an interlocutory appeal under 28 U.S.C. 1292(b) within a certain time frame. In reply, the FBI cites Ctr. for Nat'l Sec. Studies v. CIA, 711 F. 2d 409, 413 (D.C. Cir. 1983) for the proposition that this is not an interlocutory appeal under 28 U.S.C 1292(b) that the Court must certify, this is an order tantamount to a ruling on an injunction under 28 U.S.C. 1292(a), which is immediately appealable without certification. Because plaintiff has not had the opportunity to address that narrow issue, the Court directs plaintiff to submit a brief of no more than five pages by April 13, 2012 on the question of whether the Court's order of January 31, 2012 is immediately appealable under section 1292(a) and the law set forth in Ctr. of Nat'l Sec. Studies. If defendant wishes to supplement (without repeating) what it has already provided to the Court on this issue, it may do so in no more than five pages by the same date. Signed by Judge Amy Berman Jackson on 4/4/2012. (lcabj2, ) (Entered: 04/04/2012)
2012-04-04Set/Reset Deadlines: Plaintiffs' Brief and Defendants Supplemental Memorandum are due by 4/13/2012. (jth) (Entered: 04/04/2012)
2012-04-0539MEMORANDUM OPINION AND ORDER denying 35 Motion to Stay Pending an Appeal Determination by the Solicitor General. It is further ORDERED that defendant FBI must begin the internal processing of materials responsive to the plaintiff's FOIA request immediately if it has not already done so, and that plaintiffs and defendant must meet and confer and submit to the Court a proposed schedule for the production of responsive records and/or a Vaughn index on or before May 5, 2012. Unless plaintiff agrees to a more extended timetable, the proposed schedule must provide for the transmission of either the first wave of responsive records or at least a partial index no later than May 15, 2012. See order for details. Signed by Judge Amy Berman Jackson on 4/5/2012. (lcabj2) (Entered: 04/05/2012)
2012-04-06Set/Reset Deadlines: Proposed schedule for the production of responsive records and/or a Vaughn index are due by 5/5/2012. (jth) (Entered: 04/06/2012)
2012-04-10MINUTE ORDER In light of the fact that May 5, 2012 falls on a Saturday, it is ORDERED that the parties have until Monday, May 7, 2012 to meet and confer and submit to the Court a proposed schedule for the production of responsive records and/or a Vaughn index. The May 15 deadline for providing for the transmission of either the first wave of responsive records or at least a partial index remains in place, unless plaintiff agrees to a different date. Signed by Judge Amy Berman Jackson on 4/10/2012. (lcabj2) (Entered: 04/10/2012)
2012-04-10Set/Reset Deadlines: Proposed schedule for the production of responsive records and/or a Vaughn index is now due by 5/7/2012. (jth) (Entered: 04/10/2012)
2012-04-1340MEMORANDUM re Order,,,, by FEDERAL BUREAU OF INVESTIGATION. (Doty, Wendy) (Entered: 04/13/2012)
2012-04-1341NOTICE of Appearance by Drew E. Shenkman on behalf of MEMPHIS PUBLISHING COMPANY, MARC PERRUSQUIA (Shenkman, Drew) (Entered: 04/13/2012)
2012-04-1342MEMORANDUM re Order,,,, by MEMPHIS PUBLISHING COMPANY, MARC PERRUSQUIA. (Tobin, Charles) (Entered: 04/13/2012)
2012-05-0743MEET AND CONFER STATEMENT. (Doty, Wendy) (Entered: 05/07/2012)
2012-05-07MINUTE ORDER re 43 Meet and Confer Statement. The parties are directed to file an updated joint status report in accordance with the representations made in the joint proposed schedule in 43 on or before 7/16/2012. Signed by Judge Amy Berman Jackson on 5/7/2012. (MT) (Entered: 05/07/2012)
2012-05-07Set/Reset Deadlines: Vaughn Index is due by 7/2/2012; Joint Meet & Confer Statement advising the Court of any remaining issues to be decided and a proposed timetable for the filing of Defendant's summary judgment motion is due by 7/16/2012. (jth) (Entered: 05/07/2012)
2012-07-0244NOTICE of Filing of Vaughn Index by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Declaration (Second Declaration of Dennis J. Argall), # 2 Exhibit A, # 3 Exhibit B (Part 1 of 2), # 4 Exhibit B (Part 2 of 2))(Farby, Lesley) (Entered: 07/02/2012)
2012-07-1645MEET AND CONFER STATEMENT. (Tobin, Charles) (Entered: 07/16/2012)
2012-07-1646MOTION to Compel Compliance With This Court's Orders and for Sanctions, and for Stay of Summary Judgment by MEMPHIS PUBLISHING COMPANY, MARC PERRUSQUIA (Attachments: # 1 Exhibit 1 to Motion to Compel (Second Perrusquia Declaration), # 2 Exhibit A to Perrusquia Decl., # 3 Exhibit B1-B10 to Perrusquia Decl., # 4 Exhibit B11-B20 to Perrusquia Decl., # 5 Exhibit B21-B25 to Perrusquia Decl., # 6 Exhibit B26-B28 to Perrusquia Decl., # 7 Exhibit B29A to Perrusquia Decl., # 8 Exhibit B29B to Perrusquia Decl., # 9 Exhibit B29C to Perrusquia Decl., # 10 Exhibit B30-B40 to Perrusquia Decl., # 11 Exhibit B41-B50 to Perrusquia Decl., # 12 Exhibit B51-B60 to Perrusquia Decl., # 13 Exhibit B61-B70 to Perrusquia Decl., # 14 Exhibit B71-B80 to Perrusquia Decl., # 15 Exhibit B81-B89 to Perrusquia Decl., # 16 Exhibit 2 to Motion to Compel)(Tobin, Charles). Added MOTION for Sanctions, MOTION to Stay on 7/17/2012 (znmw, ). (Entered: 07/16/2012)
2012-08-02MINUTE ORDER granting in part and denying in part Plaintiffs' Motion to Compel Compliance with the Court's Order and for Sanctions, and for Stay of Summary Judgment [Dkt. # 46]. While the Court could treat the motion as conceded under LCvR 7(b) because the FBI failed to oppose the motion within 14 days, it will address the matter on the merits. The Court finds that the FBI's Second Argall Declaration which serves as its Vaughn index [Dkt. # 44-1] fails to comply with the Court's January 31 and April 4, 2012 Orders. In particular, the Court ordered the FBI to "review the file if it exists and then either produce the responsive documents or provide a Vaughn index identifying the specific exemptions under which any responsive documents have been withheld." Mem. Op. on Jan. 31, 2012 at 23, citing Benavides v. DEA, 968 F.2d 1243, 1246 (D.C. Cir. 1993) ("[W]e conclude that when an informant's status has been officially confirmed, the requirements of FOIA govern, and the agency must acknowledge the existence of any records it holds."); see also Vaughn v. Rosen, 484 F.2d 820, 827-828 (D.C. Cir. 1973) (calling for "itemization and indexing" of the withheld documents). The declaration is insufficient because it fails to provide any descriptive information about the documents withheld in their entirety, including how many of those there are. It fails to identify which specific exemptions the FBI relies on for each document that is being withheld. The FBI is ordered to file a Vaughn index that complies with the Court's previous orders by August 16, 2012. The Court denies the motion to compel with respect to the arguments advanced by plaintiffs concerning the adequacy of the search and the applicability of the claimed exemptions because they are more appropriately considered at summary judgment. The Court denies the request for sanctions at this time, and it notes that there is no need to stay summary judgment briefing since there is no briefing schedule in place. The parties are ordered to submit a non-argumentative joint proposed schedule for summary judgment briefing on August 16, 2012. Signed by Judge Amy Berman Jackson on 8/2/2012. (lcabj2) (Entered: 08/02/2012)
2012-08-02Set/Reset Deadlines: Vaughn Index due by 8/16/2012; Joint Proposed Schedule for summary judgment briefing due by 8/16/2012. (jth) (Entered: 08/02/2012)
2012-08-0247MOTION to Vacate Order on Motion to Compel, Order on Motion for Sanctions, Order on Motion to Stay,,,,,,,,,,,,,,,,,,,,,,,, by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Farby, Lesley) (Entered: 08/02/2012)
2012-08-0248Memorandum in opposition to re 46 MOTION to Compel Compliance With This Court's Orders and for Sanctions, and for Stay of Summary Judgment MOTION for Sanctions MOTION to Stay filed by FEDERAL BUREAU OF INVESTIGATION. (Farby, Lesley) (Entered: 08/02/2012)
2012-08-0249MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Declaration, # 4 Statement of Facts, # 5 Text of Proposed Order)(Doty, Wendy) (Entered: 08/02/2012)
2012-08-0251SEALED DOCUMENT (In Camera, Ex Parte Declaration of Dr. John F. Fox, Jr.) filed by FEDERAL BUREAU OF INVESTIGATION. (This document is SEALED and only available to authorized persons.)(ztnr, ) (Entered: 08/03/2012)
2012-08-0350Memorandum in opposition to re 47 MOTION to Vacate Order on Motion to Compel, Order on Motion for Sanctions, Order on Motion to Stay,,,,,,,,,,,,,,,,,,,,,,,, filed by MEMPHIS PUBLISHING COMPANY, MARC PERRUSQUIA. (Attachments: # 1 Text of Proposed Order)(Tobin, Charles) (Entered: 08/03/2012)
2012-08-0352REPLY to opposition to motion re 47 MOTION to Vacate Order on Motion to Compel, Order on Motion for Sanctions, Order on Motion to Stay,,,,,,,,,,,,,,,,,,,,,,,, filed by FEDERAL BUREAU OF INVESTIGATION. (Farby, Lesley) (Entered: 08/03/2012)
2012-08-0853REPLY to opposition to motion re 46 MOTION to Compel Compliance With This Court's Orders and for Sanctions, and for Stay of Summary Judgment MOTION for Sanctions MOTION to Stay Waiver in Support of Motion to Compel filed by MEMPHIS PUBLISHING COMPANY, MARC PERRUSQUIA. (Tobin, Charles) (Entered: 08/08/2012)
2012-08-0954MOTION to Stay re Order on Motion to Compel, Order on Motion for Sanctions, Order on Motion to Stay,,,,,,,,,,,,,,,,,,,,,,,, by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Farby, Lesley) (Entered: 08/09/2012)
2012-08-1355ORDER denying 47 Motion to Vacate; denying 54 Motion to Stay. The Minute Order on August 2, 2012, directing the FBI to file a new Vaughn index stands, with the additional directive that it will be subject to a protective order. The parties shall jointly submit a proposed protective order to the Court for its signature on or before August 24, 2012. The Court will extend the date for the production of the Vaughn index until Thursday, September 27, 2012. See Order for Complete Details. Signed by Judge Amy Berman Jackson on 8/13/2012. (lcabj2) (Entered: 08/13/2012)
2012-08-13Set/Reset Deadlines: Proposed protective order due by 8/24/2012. Vaughn Index due by 9/27/2012. (tg, ) (Entered: 08/13/2012)
2012-08-1756NOTICE of Appearance by Nathan Michael Swinton on behalf of FEDERAL BUREAU OF INVESTIGATION (Swinton, Nathan) (Entered: 08/17/2012)
2012-08-1757MOTION for Reconsideration of August 13, 2012 Order by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order, # 2 Exhibit August 17, 2012 email of Charles Tobin)(Swinton, Nathan) (Entered: 08/17/2012)
2012-08-20NOTICE of Hearing: A Status Conference is set for 8/28/2012 at 10:00 AM in Courtroom 3 before Judge Amy Berman Jackson. (jth) (Entered: 08/20/2012)
2012-08-2458RESPONSE TO ORDER OF THE COURT re 55 Order on Motion to Vacate, Order on Motion to Stay,,,, Joint Report and Proposed Protective Orders filed by FEDERAL BUREAU OF INVESTIGATION, MEMPHIS PUBLISHING COMPANY, MARC PERRUSQUIA. (Attachments: # 1 Exhibit, # 2 Exhibit)(Tobin, Charles) (Entered: 08/24/2012)
2012-08-2459RESPONSE re 57 MOTION for Reconsideration of August 13, 2012 Order Opposition to Motion for Reconsideration, and Request for Sanctions filed by MEMPHIS PUBLISHING COMPANY, MARC PERRUSQUIA. (Tobin, Charles) (Entered: 08/24/2012)
2012-08-2760REPLY to opposition to motion re 57 MOTION for Reconsideration of August 13, 2012 Order filed by FEDERAL BUREAU OF INVESTIGATION. (Farby, Lesley) (Entered: 08/27/2012)
2012-08-28Minute Entry for Proceedings held before Judge Amy Berman Jackson: Status Conference held on 8/28/2012. For the reasons stated on the record in open Court Defendant's 57 Motion for Reconsideration is Denied. Plaintiffs' Request for Sanctions is also Denied. A Status Conference is scheduled for 9/25/2012 at 10:00 AM in Courtroom 3 before Judge Amy Berman Jackson.(Court Reporter Catalina Kerr) (jth) Modified on 8/28/2012 (jth). (Entered: 08/28/2012)
2012-08-2861NOTICE of Appearance by Elizabeth J. Shapiro on behalf of All Defendants (Shapiro, Elizabeth) (Entered: 08/28/2012)
2012-09-1462Joint MOTION to Stay August 2 and August 13, 2012 Orders and to Appoint a Senior United States District Judge or United States Magistrate Judge as Mediator by FEDERAL BUREAU OF INVESTIGATION, MEMPHIS PUBLISHING COMPANY, MARC PERRUSQUIA (Attachments: # 1 Text of Proposed Order)(Farby, Lesley) (Entered: 09/14/2012)
2012-09-1763ORDER granting 62 Motion to Stay and Referring Case to Magistrate Judge Kay for Mediation. See Order for Complete Details. Signed by Judge Amy Berman Jackson on 9/17/2012. (lcabj2) (Entered: 09/17/2012)
2012-09-17Set/Reset Deadlines: Status Report due by 11/9/2012. (jth) (Entered: 09/17/2012)
2012-09-1764CASE DIRECTLY REFERRED to Magistrate Judge Alan Kay for Mediation. (ls, ) (Entered: 09/18/2012)
2012-09-18MINUTE ORDER setting a Telephone Conference for 9/24/2012, at 02:00 PM before Magistrate Judge Alan Kay. Chambers will initiate the call to counsel. Signed by Magistrate Judge Alan Kay on 09/18/12. (DM) (Entered: 09/18/2012)
2012-09-24MINUTE ORDER Settlement Conference set for 10/10/2012 at 02:00 PM in Chambers [Room 2333] before Magistrate Judge Alan Kay. Parties will submit confidential brief settlement statements by or before 5 pm on October 9, 2012 via email [Nikola_Nable-Juris@dcd.uscourts.gov], fax [202.354.3526], or in person. Signed by Magistrate Judge Alan Kay on 09/24/2012. (lcak1) (Entered: 09/24/2012)
2012-09-24Minute Entry for proceedings held before Magistrate Judge Alan Kay: Telephone Conference held on 9/24/2012. (DM) (Entered: 10/10/2012)
2012-09-2865NOTICE OF APPEAL TO DC CIRCUIT COURT as to Order on Motion to Compel, Order on Motion for Sanctions, Order on Motion to Stay,,,,,,,,,,,,,,,,,,,,,,,, by FEDERAL BUREAU OF INVESTIGATION. Fee Status: No Fee Paid. Parties have been notified. (Farby, Lesley) (Entered: 09/28/2012)
2012-10-0166Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the fee was an Appeal by the Government re 65 Notice of Appeal to DC Circuit Court,. (jf, ) (Entered: 10/01/2012)
2012-10-0467TRANSCRIPT OF PROCEEDINGS before Judge Amy Berman Jackson held on 8/28/12; Page Numbers: 1-10. Date of Issuance:10/4/12. Court Reporter/Transcriber Catalina Kerr, Telephone number 202-354-3258, Court Reporter Email Address : catykerr@msn.com.<P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P> NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov.<P></P> Redaction Request due 10/25/2012. Redacted Transcript Deadline set for 11/4/2012. Release of Transcript Restriction set for 1/2/2013.(Kerr, Catalina) (Entered: 10/04/2012)
2012-10-04MINUTE ORDER Settlement Conference rescheduled at parties' request for 10/10/2012 at 10:00 AM in Chambers [Room 2333] before Magistrate Judge Alan Kay. Parties will submit confidential brief settlement statements by or before 5 pm on October 9, 2012 via email [Nikola_Nable-Juris@dcd.uscourts.gov], fax [202.354.3526], or in person. Signed by Magistrate Judge Alan Kay on 10/04/2012. (lcak1) (Entered: 10/04/2012)
2012-10-09USCA Case Number 12-5309 for 65 Notice of Appeal to DC Circuit Court, filed by FEDERAL BUREAU OF INVESTIGATION. (jf, ) (Entered: 10/09/2012)
2012-10-10Minute Entry for proceedings held before Magistrate Judge Alan Kay: Settlement Conference held on 10/10/2012. (DM) (Entered: 11/02/2012)
2012-10-25MINUTE ORDER setting a Settlement Conference for 11/1/2012, at 03:30 PM in Chambers [room 2333] before Magistrate Judge Alan Kay. Signed by Magistrate Judge Alan Kay on 10/25/12. (DM) (Entered: 10/25/2012)
2012-10-31MINUTE ORDER rescheduling the settlement conference that was set for 11/01/12- 11/02/12. Settlement Conference is now set for 11/6/2012, at 10:00 AM in Chambers [room 2333] before Magistrate Judge Alan Kay. Signed by Magistrate Judge Alan Kay on 10/31/12. (DM) (Entered: 10/31/2012)
2012-11-06Minute Entry for proceedings held before Magistrate Judge Alan Kay: Settlement Conference held on 11/6/2012. (DM) (Entered: 12/11/2012)
2012-11-0968STATUS REPORT Concerning Mediation Efforts by FEDERAL BUREAU OF INVESTIGATION, MEMPHIS PUBLISHING COMPANY, MARC PERRUSQUIA. (Attachments: # 1 Text of Proposed Order)(Farby, Lesley) (Entered: 11/09/2012)
2012-11-09MINUTE ORDER. Pursuant to the parties' joint report, all of the deadlines currently set in this case will remain suspended until December 10, 2012 to allow the parties to continue to pursue mediation. The parties shall file a joint status report by December 7, 2012 apprising the Court of the status of their mediation efforts. Signed by Judge Amy Berman Jackson on 11/9/2012. (lcabj2) (Entered: 11/09/2012)
2012-11-09Set/Reset Deadlines: Joint Status Report due by 12/7/2012. (jth) (Entered: 11/09/2012)
2012-12-0769STATUS REPORT Concerning Mediation Efforts by FEDERAL BUREAU OF INVESTIGATION, MEMPHIS PUBLISHING COMPANY, MARC PERRUSQUIA. (Attachments: # 1 Text of Proposed Order)(Farby, Lesley) (Entered: 12/07/2012)
2012-12-07MINUTE ORDER. Pursuant to the parties' joint report, all of the deadlines currently set in this case will remain suspended until January 7, 2013 to allow the parties to continue to pursue mediation. The parties shall file a joint status report by January 7, 2013 apprising the Court of the status of their mediation efforts. Signed by Judge Amy Berman Jackson on 12/7/2012. (lcabj2) (Entered: 12/07/2012)
2012-12-10Set/Reset Deadlines: The parties shall file a joint report apprising the Court of the status of their mediation efforts by 1/7/2013. (jth) (Entered: 12/10/2012)
2013-01-0470STATUS REPORT Concerning Mediation Efforts by FEDERAL BUREAU OF INVESTIGATION, MEMPHIS PUBLISHING COMPANY, MARC PERRUSQUIA. (Attachments: # 1 Text of Proposed Order)(Farby, Lesley) (Entered: 01/04/2013)
2013-01-04MINUTE ORDER. Pursuant to the parties' joint report, all of the deadlines currently set in this case will remain suspended until February 7, 2013 to allow the parties to continue to pursue mediation. The parties shall file a joint status report by February 7, 2013, apprising the Court of the status of their mediation efforts. Signed by Judge Amy Berman Jackson on 1/4/13. (lcabj1) (Entered: 01/04/2013)
2013-01-04Set/Reset Deadlines: Joint Status Report due by 2/7/2013. (jth) (Entered: 01/04/2013)
2013-02-0671STATUS REPORT Concerning Mediation Efforts by FEDERAL BUREAU OF INVESTIGATION, MEMPHIS PUBLISHING COMPANY, MARC PERRUSQUIA. (Attachments: # 1 Text of Proposed Order)(Farby, Lesley) (Entered: 02/06/2013)
2013-02-07MINUTE ORDER. Pursuant to the parties' joint report, all of the deadlines currently set in this case will remain suspended until March 8, 2013. In the event the parties have not filed a notice of dismissal by March 8, 2013, the parties will file a status report by that date, apprising the Court of the status of their settlement efforts. Signed by Judge Amy Berman Jackson on 2/7/2013. (lcabj2) (Entered: 02/07/2013)
2013-02-07Set/Reset Deadlines: In the event that this case is not dismissed by that date, the parties will file a report, apprising the Court of the status of their settlement efforts. Status Report due by 3/8/2013. (jth) (Entered: 02/07/2013)
2013-02-2572STIPULATION of Dismissal by MEMPHIS PUBLISHING COMPANY, MARC PERRUSQUIA. (Tobin, Charles) (Entered: 02/25/2013)
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