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Case TitleGRAFF v. FEDERAL BUREAU OF INVESTIGATION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2009cv02047
Date Filed2009-10-30
Date Closed2013-12-24
JudgeJudge Amy Berman Jackson
PlaintiffBARBARA FEINMAN
TERMINATED: 01/26/2010
PlaintiffGARRETT M. GRAFF
DefendantFEDERAL BUREAU OF INVESTIGATION
DefendantEXECUTIVE OFFICE FOR UNITED STATES ATTORNEY
DefendantDEPARTMENT OF JUSTICE
AppealD.C. Circuit 14-5032
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [9]
Opinion/Order [20]
Opinion/Order [29]
Opinion/Order [37]
Opinion/Order [54]
FOIA Project Annotation: Judge Amy Berman Jackson has ruled that the Justice Department's policy of refusing to search for personally-identifiable information about a named individual without either a privacy waiver or proof of death because such information can categorically be expected to be protected by Exemption 7(C) (invasion of privacy concerning law enforcement records) is a perfectly valid response under FOIA. Ruling in a case brought by journalist Garrett Graff for records on former Panamanian dictator Manuel Norreiga and Middle Eastern terrorist Fawaz Younis, Jackson pointed out that "neither the EOUSA nor FBI employs a policy of summarily refusing to confirm or deny the existence of records simply because the request calls for law enforcement records related to a third party individual. Instead, they accord the requester the opportunity to explain why the public interest in disclosure outweighs the third party's privacy concerns so that the government agency can perform the particularized balancing of interests that the court found lacking in Nation Magazine v. U.S. Customs Service [71 F.3d 885 (D.C. Cir. 1995)]. Since the requester can overcome the inference that the materials are exempt by coming forward with either a death certificate, a waiver, or a showing of the public interest that would be advanced, the policy satisfies all of the 'statutory requirement for exemption' and meets the Nation Magazine test." Graff argued that the government could not shift the burden to the plaintiff to show the records were not exempt. Without considering whether the records were exempt, Jackson responded that "the records sought here fall within a class of materials that are presumptively exempt from disclosure: Section 552(b) provides that FOIA's disclosure obligation 'does not apply' to the categories of information that are itemized in the nine exemptions. And Exemption 7(C) broadly covers all law enforcement records if their production 'could reasonably be expected' to involve an unwarranted invasion of personal privacy. Thus, courts in this Circuit have consistently held that where an individual seeks law enforcement records that implicate the privacy interests of a third party, the requester bears the burden of asserting the public interest at play." Explaining the practicality of such a requirement, Jackson noted that "it would be inefficient and impractical, and ultimately, unfair to the requesters, to depend upon the government to guess what the requesters had in mind and to catalogue the possible public reasons or disclosure." The crux of Graff's argument was that foreign nationals did not have presumed privacy because, unlike U.S. citizens and permanent resident aliens, they were not protected by the Privacy Act. Jackson blithely sidestepped this argument by explaining that "if a sufficiently tailored categorical rule passes must under Exemption 7(C), it is equally valid if a foreign national is involved." She added that "even if a third party's status as a foreign national gives rise to a privacy interest that is somewhat weaker than that of a U.S. citizen, given the structure of the statute, even a weak privacy interest will always outweigh a lack of public interest." Graff also argued the agency was required to search for responsive records and then make an exemption claim only after reviewing the documents. She pointed out that "this is simply another way of claiming that categorical rules are improper per se, and the courts have already clearly indicated that such rules are a workable and expeditious way to proceed. When a request by its terms specifically calls for law enforcement records related to a third party, all of the responsive records will fall within the scope of the categorical exemption unless it can be shown that the invasion of privacy is 'warranted.' It is more efficient and it imposes no improper burden on the requester to establish a procedure whereby the government performs the necessary balancing once for the entire class of requested records before going through the time and expense of a search." Nevertheless, Jackson decided that under the peculiar circumstances of this case Graff had not had a sufficient opportunity to articulate his public interest claim and she sent the requests back to EOUSA and the FBI to consider his public interest argument.
Issues: Exemption 7(C) - Invasion of privacy concerning law enforcement records, Determination - Glomar response
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2009-10-301COMPLAINT against FEDERAL BUREAU OF INVESTIGATION, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEYS, DEPARTMENT OF JUSTICE ( Filing fee $ 350, receipt number 4616025045) filed by BARBARA FEINMAN, GARRETT M. GRAFF. (Attachments: # 1 Civil Cover Sheet)(rdj) (Entered: 11/02/2009)
2009-10-30SUMMONS (5) Issued as to FEDERAL BUREAU OF INVESTIGATION, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEYS, DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (rdj) (Entered: 11/02/2009)
2009-11-022NOTICE of Appearance by Bradley P. Moss on behalf of BARBARA FEINMAN, GARRETT M. GRAFF (Moss, Bradley) (Entered: 11/02/2009)
2009-11-183NOTICE of Appearance by Jennifer Beth Kaplan on behalf of FEDERAL BUREAU OF INVESTIGATION, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEYS, DEPARTMENT OF JUSTICE (Kaplan, Jennifer) (Entered: 11/18/2009)
2009-12-164MOTION to Dismiss for Lack of Jurisdiction by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Kaplan, Jennifer) (Entered: 12/16/2009)
2009-12-285Unopposed MOTION for Extension of Time to File Response/Reply to Defendants' Partial Motion to Dismiss by BARBARA FEINMAN, GARRETT M. GRAFF (Attachments: # 1 Text of Proposed Order)(Moss, Bradley) (Entered: 12/28/2009)
2009-12-28ORDER granting 5 plaintiffs' Motion for Extension of Time to File Response/Reply. Plaintiffs shall file their opposition to defendant's motion for partial dismissal on or before January 6, 2010. Signed by Judge Ellen S. Huvelle on December 28, 2009. (lcesh1) (Entered: 12/28/2009)
2010-01-05Set/Reset Deadlines: Responses due by 1/6/2010 (gdf) (Entered: 01/05/2010)
2010-01-056Memorandum in opposition to re 4 MOTION to Dismiss for Lack of Jurisdiction filed by BARBARA FEINMAN, GARRETT M. GRAFF. (Attachments: # 1 Text of Proposed Order)(Moss, Bradley) (Entered: 01/05/2010)
2010-01-127REPLY to opposition to motion re 4 MOTION to Dismiss for Lack of Jurisdiction filed by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION. (Kaplan, Jennifer) (Entered: 01/12/2010)
2010-01-268ORDER: For the reasons set forth in the accompanying Memorandum Opinion, defendants' 4 Partial Motion to Dismiss is granted. It is hereby ordered that Barbara Feinman is dismissed as a plaintiff for lack of standing and Count I is dismissed with prejudice. It is further ordered that the parties are to submit a briefing schedule on or before February 16, 2010. Signed by Judge Ellen S. Huvelle on 1/26/10. (lcesh2) (Entered: 01/26/2010)
2010-01-269MEMORANDUM OPINION accompanying 8 Order granting defendants' 4 partial motion to dismiss. Signed by Judge Ellen S. Huvelle on 1/26/10. (lcesh2) (Entered: 01/26/2010)
2010-01-26Set/Reset Deadlines: Briefing schedule due by 2/16/2010. (gdf) (Entered: 01/26/2010)
2010-01-2810MOTION to Certify Class by GARRETT M. GRAFF (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 - Moss Declaration, # 3 Exhibit 2 - AP Story, # 4 Exhibit 3 - Zaid Bio, # 5 Text of Proposed Order)(Zaid, Mark) (Entered: 01/28/2010)
2010-01-2911Unopposed MOTION for Extension of Time to File Response/Reply to Motion for Class Certification by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Kaplan, Jennifer) (Entered: 01/29/2010)
2010-01-30MINUTE ORDER granting 11 Defendants' Unopposed Motion for Extension of Time to File Response re 10 Plaintiffs' Motion to Certify Class. Response is due by 3/5/2010. Signed by Judge Ellen S. Huvelle on January 30, 2010. (AG) (Entered: 01/30/2010)
2010-02-01Set/Reset Deadlines: Responses due by 3/5/2010 (gdf) (Entered: 02/01/2010)
2010-02-0912ANSWER to 1 Complaint, by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION.(Kaplan, Jennifer) (Entered: 02/09/2010)
2010-02-1113MOTION for Certification for interlocatory appeal by BARBARA FEINMAN (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Moss, Bradley) (Entered: 02/11/2010)
2010-02-1614Unopposed MOTION for Extension of Time to File Briefing Schedule by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION (Kaplan, Jennifer) (Entered: 02/16/2010)
2010-02-17MINUTE ORDER granting 14 Unopposed Motion for Extension of Time to File Briefing Schedule. Briefing schedule is due by February 19, 2010. Signed by Judge Ellen S. Huvelle on February 17, 2010. (AG) (Entered: 02/17/2010)
2010-02-17Set/Reset Deadlines: Briefing Schedule due by 2/19/2010. (gdf) (Entered: 02/17/2010)
2010-02-1915NOTICE of Joint Briefing Schedule by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION (Kaplan, Jennifer) (Entered: 02/19/2010)
2010-02-20MINUTE ORDER adopting 15 proposed briefing schedule. It is hereby ORDERED that that the following briefing schedule is adopted: (1) Plaintiff's Motion for Class Certification (filed on January 28, 2010): defendants' opposition is due by March 12, 2010; plaintiff's reply is due by March 22, 2010; (2) Plaintiff's Motion for Interlocutory Appeal (filed on February 11, 2010): defendant's opposition is due by March 3, 2010; plaintiff's reply is due by March 12, 2010; (3) Plaintiff's Motion for Summary Judgment (APA Claim, Count VI) is due by March 8, 2010; defendant's opposition is due by March 30, 2010; plaintiff's reply is due by April 12, 2010; (4) Motions for Summary Judgment (FOIA Claims, Counts II-V): defendants' motion for summary judgment (if necessary) is due by November 15, 2010; plaintiff's opposition to defendants' motion for summary judgment and cross-motion (if necessary) is due by December 20, 2010; defendants' reply and opposition (if necessary) is due by January 18, 2011; plaintiff's reply (if necessary) is due by February 7, 2011. Signed by Judge Ellen S. Huvelle on February 20, 2010. (AG) (Entered: 02/20/2010)
2010-03-0316Memorandum in opposition to re 13 MOTION for Certification for interlocatory appeal filed by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order)(Kaplan, Jennifer) (Entered: 03/03/2010)
2010-03-0417Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiff's motion for class certification by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Kaplan, Jennifer) (Entered: 03/04/2010)
2010-03-04MINUTE ORDER granting 17 Unopposed Motion for Extension of Time to File Response to Plaintiff's Motion for Class Certification: Defendants shall file an opposition to 10 plaintiff's motion for class certification within two weeks after the Court rules on the parties' cross-motions for partial summary judgment. Signed by Judge Ellen S. Huvelle on March 4, 2010. (AG) (Entered: 03/04/2010)
2010-03-0818MOTION for Partial Summary Judgment with respect to Count Six by GARRETT M. GRAFF (Attachments: # 1 Exhibit 1 - EOUSA request letter, # 2 Exhibit 2 - EOUSA refusal letter, # 3 Exhibit 3 - EOUSA appeal letter, # 4 Exhibit 4 - EOUSA appeal acceptance letter, # 5 Exhibit 5 - EOUSA appeal denial letter, # 6 Exhibit 6 - FBI request letter, # 7 Exhibit 7 - FBI refusal letter, # 8 Exhibit 8 - FBI appeal letter, # 9 Exhibit 9 - Declaration of Bradley P. Moss, Esq., # 10 Exhibit 10 - Statements by David Hardy, # 11 Exhibit 11 - E-mail correspondence with Government counsel, # 12 Text of Proposed Order)(Moss, Bradley) (Entered: 03/08/2010)
2010-03-1219REPLY to opposition to motion re 13 MOTION for Certification for interlocatory appeal filed by BARBARA FEINMAN. (Moss, Bradley) (Entered: 03/12/2010)
2010-03-1520MEMORANDUM OPINION AND ORDER denying 13 plaintiff Feinman's motion for certification of interlocutory appeal. Signed by Judge Ellen S. Huvelle on 3/15/10. (lcesh2) (Entered: 03/15/2010)
2010-03-3021Cross MOTION for Partial Summary Judgment on Count VI of Graff's Complaint , MOTION to Dismiss Count VI of Graff's Complaint by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Declaration, # 4 Declaration, # 5 Statement of Facts, # 6 Statement of Facts Response to Plaintiff's Statement of Facts, # 7 Text of Proposed Order)(Kaplan, Jennifer) (Entered: 03/30/2010)
2010-03-3122Memorandum in opposition to re 18 MOTION for Partial Summary Judgment with respect to Count Six filed by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Declaration, # 2 Declaration, # 3 Declaration, # 4 Statement of Facts Response, # 5 Text of Proposed Order)(Kaplan, Jennifer) (Entered: 03/31/2010)
2010-04-0823Unopposed MOTION for Extension of Time to File Response/Reply in Support of Plaintiff's Motion for Partial Summary Judgment with respect to Count Six and Opposition to Defendants' Motion to Dismiss or, in the Alternative, Cross-Motion for Summary Judgment with respect to Count Six by BARBARA FEINMAN, GARRETT M. GRAFF (Attachments: # 1 Text of Proposed Order)(Moss, Bradley) (Entered: 04/08/2010)
2010-04-09MINUTE ORDER granting 23 Unopposed Motion for Extension of Time to File Response re 21 defendants' Motion to Dismiss and/or Cross-Motion for Partial Summary Judgment on Count VI of Graff's Complaint and Reply re 18 plaintiff Graff's Motion for Partial Summary Judgment with respect to Count VI. Plaintiff Graff's opposition and reply is due by 4/19/2010. Defendants' reply to plaintiff's opposition is due by 4/29/2010. Signed by Judge Ellen S. Huvelle on April 9, 2010. (AG) (Entered: 04/09/2010)
2010-04-13Set/Reset Deadlines: Responses to Motion to Dismiss and/or Cross Motion for Partial Summary Judgment due by 4/19/2010. Replies due by 4/29/2010. (gdf) (Entered: 04/13/2010)
2010-04-1924REPLY to opposition to motion re 18 MOTION for Partial Summary Judgment with respect to Count Six filed by GARRETT M. GRAFF. (Attachments: # 1 Exhibit A - Request Letter, # 2 Exhibit B - Refusal Letter, # 3 Statement of Facts Response)(Moss, Bradley) (Entered: 04/19/2010)
2010-04-1925Memorandum in opposition to re 21 Cross MOTION for Partial Summary Judgment on Count VI of Graff's Complaint MOTION to Dismiss Count VI of Graff's Complaint filed by GARRETT M. GRAFF. (Attachments: # 1 Exhibit A - Request Letter, # 2 Exhibit B - Refusal Letter, # 3 Statement of Facts Response)(Moss, Bradley) (Entered: 04/19/2010)
2010-04-2626Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiff's Opposition to Defendants' Motion for Partial Summary Judgment by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION (Kaplan, Jennifer) (Entered: 04/26/2010)
2010-04-26MINUTE ORDER granting 26 defendant's Unopposed Motion for Extension of Time to File Reply re 21 Cross MOTION for Partial Summary Judgment on Count VI of Graff's Complaint and MOTION to Dismiss Count VI of Graff's Complaint. Reply is due by 5/6/2010. Signed by Judge Ellen S. Huvelle on April 26, 2010. (AG) (Entered: 04/26/2010)
2010-04-27Set/Reset Deadlines: Reply to Cross Motion due by 5/6/2010. (gdf) (Entered: 04/27/2010)
2010-05-0627REPLY to opposition to motion re 21 Cross MOTION for Partial Summary Judgment on Count VI of Graff's Complaint MOTION to Dismiss Count VI of Graff's Complaint filed by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Declaration FBI Supplemental Declaration, # 2 Declaration EOUSA Supplemental Declaration)(Kaplan, Jennifer) (Entered: 05/06/2010)
2010-05-2628ORDER granting defendants' 21 motion to dismiss Count VI; denying plaintiff Graff's 18 motion for partial summary judgment; ordering defendants' opposition to Graff's 10 class certification motion to be filed by June 9, 2010; and ordering Graff's reply to be filed by June 21, 2010. Signed by Judge Ellen S. Huvelle on 5/26/10. (lcesh2) (Entered: 05/26/2010)
2010-05-2629MEMORANDUM OPINION accompanying 28 Order granting defendants' 21 motion to dismiss Count VI and denying plaintiff Graff's 18 motion for partial summary judgment. Signed by Judge Ellen S. Huvelle on 5/26/10. (lcesh2) (Entered: 05/26/2010)
2010-05-26Set/Reset Deadlines: Response due by 6/9/2010; Reply due by 6/21/2010. (gdf) (Entered: 05/26/2010)
2010-06-0830Unopposed MOTION for Extension of Time to File Response/Reply to Graff's Motion for Class Certification by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION (Kaplan, Jennifer) (Entered: 06/08/2010)
2010-06-08MINUTE ORDER: The Court hereby grants defendants' unopposed 30 Motion for Extension of Time to File Response/Reply re: plaintiff Graff's 10 Motion to Certify Class. Defendants' opposition to Graff's motion shall be filed on or before July 1, 2010, and Graff's reply shall be filed on or before July 15, 2010. There will be no further extensions of time for either party with respect to filing class certification briefs. Signed by Judge Ellen S. Huvelle on 6/8/10. (lcesh2) (Entered: 06/08/2010)
2010-06-09Set/Reset Deadlines: Defendant's Opposition due by 7/1/2010 Plaintiff's Graff Reply due by 7/15/2010. (tr) (Entered: 06/09/2010)
2010-07-0131Memorandum in opposition to re 10 MOTION to Certify Class filed by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Declaration, # 2 Declaration)(Kaplan, Jennifer) (Entered: 07/01/2010)
2010-07-1532REPLY to opposition to motion re 10 MOTION to Certify Class filed by GARRETT M. GRAFF. (Moss, Bradley) (Entered: 07/15/2010)
2010-07-1633MOTION for Leave to File First Amended Complaint by BARBARA FEINMAN, GARRETT M. GRAFF (Attachments: # 1 Exhibit A - First Amended Complaint, # 2 Text of Proposed Order)(Moss, Bradley) (Entered: 07/16/2010)
2010-07-2934Memorandum in opposition to re 33 MOTION for Leave to File First Amended Complaint filed by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order)(Kaplan, Jennifer) (Entered: 07/29/2010)
2010-08-0335Unopposed MOTION for Extension of Time to File Response/Reply in Support of Plaintiffs' Motion for Leave to File First Amended Complaint by GARRETT M. GRAFF (Attachments: # 1 Text of Proposed Order)(Moss, Bradley) (Entered: 08/03/2010)
2010-08-03MINUTE ORDER granting 35 Unopposed Motion for Extension of Time to File Reply re 33 MOTION for Leave to File First Amended Complaint: plaintiffs' reply is due by 8/9/2010. Signed by Judge Ellen S. Huvelle on August 3, 2010. (AG) (Entered: 08/03/2010)
2010-08-03Set/Reset Deadlines: Reply due by 8/9/2010. (gdf) (Entered: 08/03/2010)
2010-08-0636Unopposed MOTION for Extension of Time to File Response/Reply in Support of Plaintiffs' Motion for Leave to File First Amended Complaint by GARRETT M. GRAFF (Attachments: # 1 Text of Proposed Order)(Moss, Bradley) (Entered: 08/06/2010)
2010-08-06MINUTE ORDER: The Court hereby grants 36 plaintiff's unopposed motion for extension of time to file his reply re 33 MOTION for Leave to File First Amended Complaint . The reply is due by 8/16/2010. Signed by Judge Ellen S. Huvelle on 8/6/10. (lcesh2) (Entered: 08/06/2010)
2010-08-11Set/Reset Deadlines: Reply re 33 MOTION for Leave to File First Amended Complaint due by 8/16/2010. (gdf) (Entered: 08/11/2010)
2010-08-1337MEMORANDUM OPINION AND ORDER denying plaintiff Graff's 10 motion to certify class and granting his 33 motion for leave to file an amended complaint. (See document.) The parties shall jointly submit, within two weeks of the date of this Memorandum Opinion, a briefing schedule that provides for sequential summary judgment motions on plaintiffs remaining claims. Signed by Judge Ellen S. Huvelle on 8/13/10. (lcesh2) (Entered: 08/13/2010)
2010-08-2638NOTICE of Proposed Briefing Schedule by GARRETT M. GRAFF (Attachments: # 1 Text of Proposed Order)(Moss, Bradley) (Entered: 08/26/2010)
2010-08-30MINUTE ORDER: Based on the Court's telephone conference with counsel held this date, a status conference is hereby set for September 2, 2010, at 12 p.m. Signed by Judge Ellen S. Huvelle on 8/30/10. (lcesh2) (Entered: 08/30/2010)
2010-08-30Set/Reset Hearings: Status Conference set for 9/2/2010 at 12:00 PM in Courtroom 23A before Judge Ellen S. Huvelle. (gdf) (Entered: 08/30/2010)
2010-09-02Minute Entry for proceedings held before Judge Ellen S. Huvelle: Status Conference held on 9/2/2010. Summary Judgment motion due by 11/15/2010; Cross Motion and Response to Motion for Summary Judgment due by 12/15/2010; Reply to Motion for Summary Judgment and Response to Cross Motion due by 1/14/2011; Reply to Cross Motions due by 1/31/2011. (Court Reporter Lisa Hand) (gdf) (Entered: 09/02/2010)
2010-09-02MINUTE ORDER: Based on the status conference held this date, it is hereby ordered defendants' motion for summary judgment on all remaining counts shall be filed on or before November 15, 2010; plaintiff Graff's opposition and cross-motion shall be filed on or before December 15, 2010; defendants' reply and cross-opposition shall be filed on or before January 14, 2011; and plaintiff Graff's cross-reply shall be filed on or before January 31, 2011. Signed by Judge Ellen S. Huvelle on 9/2/10. (lcesh2) (Entered: 09/02/2010)
2010-11-1539MOTION for Summary Judgment by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration, # 4 Exhibit, # 5 Declaration, # 6 Declaration, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Declaration, # 13 Declaration, # 14 Declaration, # 15 Text of Proposed Order)(Kaplan, Jennifer) (Entered: 11/15/2010)
2010-12-0940Consent MOTION for Extension of Time to File Response/Reply with respect to Defendants' Motion for Summary Judgment by GARRETT M. GRAFF (Attachments: # 1 Text of Proposed Order)(Moss, Bradley) (Entered: 12/09/2010)
2010-12-10MINUTE ORDER granting 40 Consent Motion for Extension of Time to File Response/Reply re 39 MOTION for Summary Judgment: it is hereby ORDERED that plaintiff's opposition and cross-motion is due by December 29, 2010; defendants' reply and cross-opposition is due by January 28, 2011; and plaintiff's cross-reply is due by February 7, 2011. Signed by Judge Ellen S. Huvelle on December 10, 2010. (AG) (Entered: 12/10/2010)
2010-12-13Set/Reset Deadlines: Response to Motion for Summary Judgment due by 12/29/2010. Reply to Motion for Summary Judgment due by 1/28/2011. (gdf) (Entered: 12/13/2010)
2010-12-2341Consent MOTION for Extension of Time to File Response/Reply with respect to Defendants' Motion for Summary Judgment by GARRETT M. GRAFF (Attachments: # 1 Text of Proposed Order)(Moss, Bradley) (Entered: 12/23/2010)
2010-12-23ORDER granting 41 Consent Motion for Extension of Time to File Response/Reply re 39 MOTION for Summary Judgment: it is hereby ORDERED that plaintiff's opposition and cross-motion is due by January 12, 2011; defendants' reply and cross-opposition is due by February 11, 2011; and plaintiff's cross-reply is due by February 21, 2011. Signed by Judge Ellen S. Huvelle on December 23, 2010. (AG) (Entered: 12/23/2010)
2011-01-1042Consent MOTION for Extension of Time to File Response/Reply with respect to Defendants' Motion for Summary Judgment by GARRETT M. GRAFF (Attachments: # 1 Text of Proposed Order)(Moss, Bradley) (Entered: 01/10/2011)
2011-01-10ORDER granting 42 Consent Motion for Extension of Time to File Response/Reply re 39 MOTION for Summary Judgment: it is hereby ORDERED that plaintiff's opposition and cross-motion is due by January 17, 2011; defendants' reply and cross-opposition is due by February 16, 2011; and plaintiff's cross-reply is due by February 28, 2011. Signed by Judge Ellen S. Huvelle on January 10, 2011. (AG) (Entered: 01/10/2011)
2011-01-1843Cross MOTION for Partial Summary Judgment with respect to Count Six by GARRETT M. GRAFF (Attachments: # 1 Statement of Facts, # 2 Exhibit 1 (EOUSA request letter), # 3 Exhibit 2 (EOUSA refusal letter), # 4 Exhibit 3 (EOUSA appeal letter), # 5 Exhibit 4 (EOUSA acceptance letter), # 6 Exhibit 5 (EOUSA appeal denial), # 7 Exhibit 6 (FBI request letter), # 8 Exhibit 7 (FBI refusal letter), # 9 Exhibit 8 (FBI appeal letter), # 10 Exhibit 9 (Declaration of Kelly Brian McClanahan), # 11 Exhibit 10 (Memorandum Opinion), # 12 Exhibit 11 (Declaration of Scott Hodes), # 13 Text of Proposed Order)(Moss, Bradley) Modified on 3/8/2011 to correct docket text (jf, ). (Entered: 01/18/2011)
2011-01-1844Memorandum in opposition to re 39 MOTION for Summary Judgment with respect to Count Two, Count Five and Count Six filed by GARRETT M. GRAFF. (Attachments: # 1 Statement of Facts Response, # 2 Exhibit 1 (EOUSA request letter), # 3 Exhibit 2 (EOUSA refusal letter), # 4 Exhibit 3 (EOUSA appeal letter), # 5 Exhibit 4 (EOUSA acceptance letter), # 6 Exhibit 5 (EOUSA appeal denial), # 7 Exhibit 6 (FBI request letter), # 8 Exhibit 7 (FBI refusal letter), # 9 Exhibit 8 (FBI appeal letter), # 10 Exhibit 9 (Declaration of Kelly Brian McClanahan), # 11 Exhibit 10 (Memorandum Opinion), # 12 Exhibit 11 (Declaration of Scott Hodes), # 13 Text of Proposed Order)(Moss, Bradley) (Entered: 01/18/2011)
2011-02-1645Memorandum in opposition to re 43 Cross MOTION for Partial Summary Judgment with respect to Count Six filed by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Exhibit Request to FBI, # 2 Exhibit Request to EOUSA, # 3 Declaration, # 4 Declaration, # 5 Declaration, # 6 Statement of Facts Response to Statement of Facts)(Kaplan, Jennifer) . (Entered: 02/16/2011)
2011-02-1646REPLY to opposition to motion re 39 MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Exhibit Request to FBI, # 2 Exhibit Request to EOUSA, # 3 Declaration, # 4 Declaration, # 5 Declaration, # 6 Statement of Facts Response to Statement of Facts)(Kaplan, Jennifer) (Entered: 02/16/2011)
2011-02-2247Consent MOTION for Extension of Time to File Response/Reply in Support of Plaintiff's Cross-Motion for Partial Summary Judgment by GARRETT M. GRAFF (Attachments: # 1 Text of Proposed Order)(Moss, Bradley) (Entered: 02/22/2011)
2011-02-23MINUTE ORDER granting 47 Consent Motion for Extension of Time to File Reply re 43 Cross MOTION for Partial Summary Judgment: it is hereby ORDERED that plaintiff's cross-reply is due by 3/7/2011. Signed by Judge Ellen S. Huvelle on February 23, 2011.(AG) (Entered: 02/23/2011)
2011-02-23Set/Reset Deadlines: Reply to Cross Motion due by 3/7/2011. (gdf) (Entered: 02/23/2011)
2011-03-0748REPLY to opposition to motion re 43 Cross MOTION for Partial Summary Judgment with respect to Count Six filed by GARRETT M. GRAFF. (Attachments: # 1 Exhibit A - Previous FBI denial letters, # 2 Exhibit B - previous Moss Declaration, # 3 Exhibit C - previous Argall Declaration, # 4 Exhibit D - previous Hardy Declaration, # 5 Exhibit E - previous Feinman Complaint)(Moss, Bradley) Modified on 3/8/2011 to correct docket text (jf, ). (Entered: 03/07/2011)
2011-03-30Case randomly reassigned to U.S. District Judge Amy Berman Jackson. Judge Ellen S. Huvelle no longer assigned to the case. (gt, ) (Entered: 03/30/2011)
2011-04-0549NOTICE OF SUBSTITUTION OF COUNSEL by Ryan Bradley Parker on behalf of All Defendants Substituting for attorney Jennifer B. Kaplan (Parker, Ryan) (Entered: 04/05/2011)
2011-05-11NOTICE of Hearing: Status Conference set for 6/21/2011 at 10:30 AM in Courtroom 2 before Judge Amy Berman Jackson. (jth) (Entered: 05/11/2011)
2011-06-21Minute Entry for proceedings held before Judge Amy Berman Jackson: Status Conference held on 6/21/2011. (Court Reporter Lisa Schwam) (jth) (Entered: 06/21/2011)
2011-08-2250NOTICE OF SUPPLEMENTAL AUTHORITY by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Exhibit Blackwell Decision)(Parker, Ryan) (Entered: 08/22/2011)
2011-08-2651MOTION for Leave to File Response to Defendants' Notice of Supplemental Authority by GARRETT M. GRAFF (Attachments: # 1 Exhibit 1 - Plaintiff's Response to Defendants' Notice of Supplemental Authority, # 2 Text of Proposed Order)(Moss, Bradley) (Entered: 08/26/2011)
2011-08-26MINUTE ORDER granting 51 Motion for Leave to File. Signed by Judge Amy Berman Jackson on 8/26/11. (lcabj1, ) (Entered: 08/26/2011)
2011-08-2652RESPONSE re 50 NOTICE OF SUPPLEMENTAL AUTHORITY filed by GARRETT M. GRAFF. (znmw, ) (Entered: 08/29/2011)
2011-09-13NOTICE of Hearing on Motions: 39 MOTION for Summary Judgment, 43 Cross MOTION for Partial Summary Judgment with respect to Count Six. Motions Hearing set for 10/27/2011 at 10:30 AM in Courtroom 3 before Judge Amy Berman Jackson. (jth) (Entered: 09/13/2011)
2011-10-27Minute Entry for Proceedings held before Judge Amy Berman Jackson: Motions Hearing held on 10/27/2011. Re: 39 MOTION for Summary Judgment filed by Defendants' Federal Bureau of Investigation, et al., 43 Cross MOTION for Partial Summary Judgment with respect to Count Six filed by Plaintiff Garrett M. Graff. Motions 39 43 were heard and Taken Under Advisement.(Court Reporter Lisa Schwam) (jth) (Entered: 10/27/2011)
2011-11-0953ORDER granting in part and denying in part 39 Motion for Summary Judgment; denying 43 Motion for Partial Summary Judgment. It is hereby ORDERED that defendants' motion for summary judgment [Dkt. #39] is GRANTED in part as to Count VI and DENIED as to Counts II and V, and that plaintiff's cross-motion for partial summary judgment with respect to Count VI [Dkt. #43] is DENIED. Signed by Judge Amy Berman Jackson on 11/9/11. (lcabj1, ) (Entered: 11/09/2011)
2011-11-0954MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 11/9/11. (lcabj1, ) (Entered: 11/09/2011)
2011-12-01MINUTE ORDER. The parties are ORDERED to file a joint status report with the Court on January 31, 2011 by 5:00 pm. The joint report should update the Court on the status of plaintiff's submission of his statements of public interest to the agencies and the agencies' decisions regarding those statements, pursuant to the Court's November 9, 2011 Order [Dkt. # 53] and Memorandum Opinion [Dkt. # 54]. In the joint report, the parties should also state their positions on whether the Court should maintain jurisdiction over this case while the agencies proceed with their review or whether the case should be closed. Signed by Judge Amy Berman Jackson on 12/1/11. (lcabj1) (Entered: 12/01/2011)
2011-12-01Set/Reset Deadlines: The parties are directed to file a Joint Status Report by 5:00 PM on 1/31/2012. The joint report should update the Court on the status of plaintiff's submission of his statements of public interest to the agencies and the agencies' decisions regarding those statements, pursuant to the Court's 11/9/2011 Memorandum Opinion and Order [Docket Entries # 53, # 54]. The report should also state the parties positions on whether the Court should maintain jurisdiction over this case while the agencies proceed with their review or whether the case should be closed. (jth) (Entered: 12/01/2011)
2012-01-3155STATUS REPORT Pursuant to the Court's December 1, 2011 Minute Order by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, GARRETT M. GRAFF. (Parker, Ryan) (Entered: 01/31/2012)
2012-02-01MINUTE ORDER. The Court will retain jurisdiction over this case at this time. The parties are ORDERED to submit a joint status report on April 1, 2012 updating the Court on the status and anticipated timing of the ongoing production. The parties may notify the Court at any time if they wish to be referred to a Magistrate Judge or a court mediator to aid in the resolution of a dispute over attorneys' fees. Signed by Judge Amy Berman Jackson on 2/1/12. (lcabj1) (Entered: 02/01/2012)
2012-02-01Set/Reset Deadlines: The parties are directed to submit a joint report that updates the Court on the status and anticipated timing of the ongoing production. Joint Status Report due by 4/1/2012. (jth) (Entered: 02/01/2012)
2012-04-0256STATUS REPORT filed pursuant to the Court's February 1, 2012 Minute Order by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, GARRETT M. GRAFF. (Attachments: # 1 Exhibit)(Parker, Ryan) (Entered: 04/02/2012)
2012-04-03MINUTE ORDER. In light of the joint status report filed by the parties on April 2, 2012, which indicated that with respect to Count 2, the issues are ripe for dispositive motions, and with respect to Count 5, the agency is in the process of searching for responsive records, it is ORDERED that: The FBI is directed to produce records responsive to the request involved in Count 5, and if any records are being withheld, a Vaughn index, on or before May 11, 2012. The parties are directed to file a joint status report on or before June 1, 2012 advising the Court whether there are any remaining disputes arising under Count 5 and proposing a schedule for the filing of dispositive motions on Count 2 and, if needed, Count 5. The schedule should provide for the following pleadings, in this order: 1) Defendants' motion for summary judgment; 2) plaintiff's opposition, which shall be combined with the memorandum in support of plaintiff's cross-motion for summary judgment if plaintiff chooses to file one (it is not required); 3) defendants' reply, which shall be combined with their opposition to plaintiff's motion for summary judgment, if one is required; and 4) plaintiff's reply, but only if plaintiff filed his own motion for summary judgment. Signed by Judge Amy Berman Jackson on 4/3/12. (lcabj1) (Entered: 04/03/2012)
2012-04-03Set/Reset Deadlines: Vaughn Index due by 5/11/2012, Joint Status Report due by 6/1/2012. (jth) (Entered: 04/03/2012)
2012-04-1057Consent MOTION for Extension of Time to Process Responsive Records by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Parker, Ryan) (Entered: 04/10/2012)
2012-04-11MINUTE ORDER granting 57 Motion for Extension of Time to Process Responsive Records. Defendant is granted a 12 month extension, to May 10, 2013, to produce records and advise the Court as to whether count 5 should be dismissed or a motion for summary judgment is necessary, along with a proposed scheduling order. Signed by Judge Amy Berman Jackson on 4/11/2012. (MT) (Entered: 04/11/2012)
2012-04-12Set/Reset Deadlines: Defendant to Produce Records and advise the Court as to whether Count 5 should be dimissed by 5/10/2013. If a summary judgment motion is necessary Defendant shall file a proposed Scheduling Order by 5/10/2013. (jth) (Entered: 04/12/2012)
2012-05-1758STATUS REPORT pursuant to the Court's Minute Order on April 3, 2012 by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, GARRETT M. GRAFF. (Attachments: # 1 Text of Proposed Order)(Parker, Ryan) (Entered: 05/17/2012)
2012-06-13MINUTE ORDER re 58 Status Report Pursuant to Court's Minute Order on April 3, 2012. Defendant EOUSA's motion for summary judgment will be due 7/19/2012, with plaintiff's opposition due 8/13/2012, and defendant EOUSA's reply will be due 8/22/2012. Signed by Judge Amy Berman Jackson on 6/13/2012. (MT) (Entered: 06/13/2012)
2012-06-13Set/Reset Deadlines: Defendant EOUSA's Motion for Summary Judgment due 7/19/2012; Plaintiff's Opposition due 8/13/2012, Defendant EOUSA's Reply due 8/22/2012. (jth) (Entered: 06/13/2012)
2012-07-1859MOTION for Summary Judgment on Count Two by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (Attachments: # 1 Exhibit, # 2 Declaration, # 3 Declaration, # 4 Text of Proposed Order)(Parker, Ryan) (Entered: 07/18/2012)
2012-08-1360Memorandum in opposition to re 59 MOTION for Summary Judgment on Count Two filed by GARRETT M. GRAFF. (Attachments: # 1 Text of Proposed Order)(Moss, Bradley) (Entered: 08/13/2012)
2012-08-2261REPLY to opposition to motion re 59 MOTION for Summary Judgment on Count Two filed by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS. (Parker, Ryan) (Entered: 08/22/2012)
2012-12-12NOTICE of Hearing: A Status Conference in this matter is scheduled for 1/7/2013 at 10:00 AM in Courtroom 3 before Judge Amy Berman Jackson. Counsel are directed to contact the Court's Deputy Clerk in the first instance to request the rescheduling of court appearances. The party seeking the change must first confer with counsel for all other parties and be prepared to provide the Deputy Clerk with proposed mutually agreeable dates. (jth) (Entered: 12/12/2012)
2013-01-07Minute Entry for Proceedings held before Judge Amy Berman Jackson: Status Conference held on 1/7/2013. For the reasons stated on the record in open Court, Defendants' 59 Motion for Summary Judgment on Count Two (2) of the Amended Complaint is denied without prejudice to being renewed at a future date. The parties are directed to file a Status Report by 1/22/2013, as to when document production will be completed or when a Dispositive Motion accompanied by a Vaughn Index will be filed. The Status Report should also articulate the current scope of Plaintiff's FOIA request. (Court Reporter Kellie M. Humiston) (jth) (Entered: 01/07/2013)
2013-01-2262STATUS REPORT by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, GARRETT M. GRAFF. (Parker, Ryan) (Entered: 01/22/2013)
2013-01-22MINUTE ORDER. Upon consideration of the joint status report filed on this day, it is ORDERED that: (1) By July 22, 2013, defendant Executive Office of United States Attorneys shall fully respond to plaintiff's FOIA request regarding Noriega, as narrowed by the parties' agreement, see Joint Status Report [Dkt. # 62] 2-3; and (2) the parties shall file a status report on or before August 26, 2013, advising the Court as to whether Count Two should be dismissed or a motion for summary judgment is necessary. If a dispositive motion is necessary, the parties shall propose a briefing schedule. Signed by Judge Amy Berman Jackson on 1/22/13. (lcabj1) (Entered: 01/22/2013)
2013-01-23Set/Reset Deadlines: Defendant (EOUSA) shall fully respond to plaintiff's FOIA request by 7/22/2013. The parties shall file a status report advising the Court as to whether Count Two should be dismissed or if a motion for summary judgment is necessary. If a dispositive motion is necessary, the parties shall propose a briefing schedule. Status Report is due by 8/26/2013. (jth) (Entered: 01/23/2013)
2013-01-3063TRANSCRIPT OF PROCEEDINGS before Judge Amy Berman Jackson held on 1-7-13; Page Numbers: 1 - 16. Court Reporter/Transcriber Kellie Humiston, Telephone number 202-354-3187, Court Reporter Email Address : kmhcourtreporter@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 2/20/2013. Redacted Transcript Deadline set for 3/2/2013. Release of Transcript Restriction set for 4/30/2013.(Humiston, Kellie) (Entered: 01/30/2013)
2013-05-1064STATUS REPORT by GARRETT M. GRAFF. (Attachments: # 1 Text of Proposed Order)(Moss, Bradley) (Entered: 05/10/2013)
2013-05-13MINUTE ORDER. In light of the parties' joint status report 64 , it is ORDERED that the parties file by July 24, 2013 a proposed briefing schedule for the remaining counts. Signed by Judge Amy Berman Jackson on 5/13/13. (DMK) (Entered: 05/13/2013)
2013-05-13Set/Reset Deadline: The parties are ordered to file a proposed briefing schedule for the remaining counts by 7/24/2013. (jth) (Entered: 05/13/2013)
2013-07-2365Joint MOTION for Briefing Schedule by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Parker, Ryan) (Entered: 07/23/2013)
2013-07-24MINUTE ORDER granting 65 Motion for Briefing Schedule. It is hereby ORDERED that that the following briefing schedule is adopted: defendants Federal Bureau of Investigation ("FBI") and Executive Office for United States Attorneys ("EOUSA") shall file their motion for summary judgment on Counts Two and Five on or before October 25, 2013; plaintiff Graff shall file his opposition to the motion on or before November 15, 2013; defendants FBI and EOUSA shall file their reply in support of their motion on or before November 25, 2013. Signed by Judge Amy Berman Jackson on 7/24/13. (lcabj1) (Entered: 07/24/2013)
2013-07-24Set/Reset Deadlines: Defendants Summary Judgment Motion on Counts Two (2) and Five (5) is due by 10/25/2013; Plaintiff's Opposition is due by 11/15/2013; Defendants Reply is due by 11/25/2013. (jth) (Entered: 07/24/2013)
2013-10-1066Consent MOTION to Stay Summary Judgment Briefing Schedule by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Parker, Ryan) (Entered: 10/10/2013)
2013-10-11MINUTE ORDER granting 66 Motion to Stay. It is ORDERED that, within two business days of resumption of activities, the parties will file a jointly proposed revised summary judgment briefing schedule. Signed by Judge Amy Berman Jackson on 10/11/2013. (lcabj1) (Entered: 10/11/2013)
2013-10-1867Joint MOTION for Briefing Schedule by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Parker, Ryan) (Entered: 10/18/2013)
2013-10-18MINUTE ORDER. In light of the government's resumption of activities, it is ORDERED that the stay in this case is lifted. It is FURTHER ORDERED that defendants' motion for summary judgment is due on or before November 25, 2013, plaintiff's opposition is due on or before December 13, 2013, and defendants' reply is due on or before December 20, 2013. Signed by Judge Amy Berman Jackson on 10/18/2013. (lcabj1) (Entered: 10/18/2013)
2013-10-21Set/Reset Deadlines: Defendants' Summary Judgment Motion is due by 11/25/2013, Plaintiff's Opposition is due by 12/13/2013, Defendants' Reply is due by 12/20/2013. (jth) (Entered: 10/21/2013)
2013-11-2568MOTION for Summary Judgment on Counts Two and Five by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Declaration EOUSA, # 2 Declaration USAO/SDFL, # 3 Declaration DOJ - Criminal Division, # 4 Declaration USSOUTHCOM, # 5 Declaration DOD, # 6 Declaration FBI, # 7 Exhibit to FBI Declaration, # 8 Text of Proposed Order)(Parker, Ryan) (Entered: 11/25/2013)
2013-12-1369NOTICE of Concession by GARRETT M. GRAFF (Moss, Bradley) (Entered: 12/13/2013)
2013-12-2070ORDER granting 68 Motion for Summary Judgment. It is ORDERED that defendants' motion for summary judgment is granted and Counts II and V of plaintiff's complaint are dismissed with prejudice. (SEE ORDER FOR DETAILS). Signed by Judge Amy Berman Jackson on 12/20/2013. (lcabj1) (Entered: 12/20/2013)
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