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Case TitleBIGWOOD v. UNITED STATES DEPARTMENT OF DEFENSE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2011cv00602
Date Filed2011-03-23
Date Closed2015-09-28
JudgeJudge Ketanji Brown Jackson
PlaintiffJEREMY BIGWOOD
DefendantUNITED STATES DEPARTMENT OF DEFENSE
DefendantCENTRAL INTELLIGENCE AGENCY
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [43]
FOIA Project Annotation: Magistrate Judge G. Michael Harvey has recommended that the court rule that Southern Command conducted an adequate search for records concerning a 2009 coup in Honduras and that it properly withheld records under Exemption 1 (national security). Freelance journalist Jeremy Bigwood filed two FOIA requests with Southern Command and worked with them on suggesting appropriate search terms. After several searches, Southern Command located 272 pages. In response to Bigwood's concerns about the adequacy of the search, Southern Command conducted a second search, locating an additional 784 pages. Bigwood also complained the agency had withheld too much information under Exemption 1. Harvey indicated he was satisfied with the agency's explanation of its searches, noting that "Southcom's willingness to conduct a second search for documents responsive to plaintiff's FOIA requests to address certain of his concerns, and to send personnel to Honduras to assist in the search for documents responsive to his requests, would substantially under any suggestion of bad faith." Bigwood complained the agency had failed to explain its search terms, did not use Boolean connectors in its searches, failed to describe the personnel and technologies used in conducting the searches, and failed to locate records Bigwood thought should exist. Harvey rejected the claims. Addressing the terms used by the agency, he pointed out that "after comparing those terms with plaintiff's two FOIA requestsâ€"one seeking information about the removal of Honduran President Zelaya and the other seeking information about Honduran General Velasquezâ€"it certainly appears more than likely that the terms utilized would identify responsive documents." Bigwood argued that several decisions from the Southern District of New York found that agencies were required to use Boolean connectors in their electronic searches. But Harvey noted that the law in the D.C. Circuit was that an 'agency's search description [was] sufficient despite the absence of information concerning any Boolean operators or connectors used to facilitate an electronic search." He added that "because Southcom's descriptions of its search include the basic information requiredâ€"what records were searched, by whom, and in what mannerâ€"they are sufficient." Harvey indicated that identifying the names of personnel conducting a search was not required in the D.C. Circuit. He observed that "reasonableness remains the crux of the Court's inquiry. This Circuit does not require a federal agency to provide the exacting level of detail about its search methodology that plaintiff demands." As to the alleged missing records, Harvey noted that "Southcom's searches were, on their face, reasonable. The fact that they did not ultimately result in the identification of some of the documents plaintiff hoped to recover does not undermine the reasonableness of its searches on his behalf." Bigwood claimed the agency's exemption claims were too vague. Finding that the agency's supplemental Vaughn index satisfied the requirements for specificity, Harvey explained that "while the original Vaughn index provides, as plaintiff correctly observes, a 'scant basis' for assessing the validity of Southcom's withholdings, the supplemental Vaughn index provides considerable detail concerning the basis for withholding the material at issue pursuant to Exemption 1."
Issues: Search - Reasonableness of search, Exemption 1 - Harm to national security
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2011-03-231COMPLAINT against CENTRAL INTELLIGENCE AGENCY, UNITED STATES DEPARTMENT OF DEFENSE ( Filing fee $ 350, receipt number 4616037417) filed by JEREMY BIGWOOD. (Attachments: # 1 Civil Cover Sheet)(dr) (Entered: 03/24/2011)
2011-03-23Summons (2) Issued as to CENTRAL INTELLIGENCE AGENCY, UNITED STATES DEPARTMENT OF DEFENSE. (dr) (Entered: 03/24/2011)
2011-03-24SUMMONS Issued (2) as U.S. Attorney and U.S. Attorney General (mmh) (Entered: 03/24/2011)
2011-03-29Case randomly reassigned to U.S. District Judge Amy Berman Jackson. Judge Richard W. Roberts no longer assigned to the case. (gt, ) (Entered: 03/29/2011)
2011-04-062MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Anjana Samant, :Firm- Center for Constitutional Rights, :Address- 666 Broadway, 7th Fl; New York, NY 10012. Phone No. - 212-614-6445. Fax No. - 212-614-6499 by JEREMY BIGWOOD (Wolfe, Zachary) (Entered: 04/06/2011)
2011-04-063MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Pamela Carol Spees, :Firm- Center for Constitutional Rights, :Address- 666 Broadway, 7th Fl; New York, NY 10012. Phone No. - 212-614-6431. Fax No. - 212-614-6499 by JEREMY BIGWOOD (Wolfe, Zachary) (Entered: 04/06/2011)
2011-04-14MINUTE ORDER: It is hereby ORDERED that the plaintiff's motions 2 3 be, and hereby are, GRANTED, and Pamela Carol Spees and Anjana Samant are admitted to appear pro hac vice. Issued by Judge Richard W. Roberts on behalf of Judge Amy Berman Jackson on 04/14/2011. (DCL) (Entered: 04/14/2011)
2011-04-214RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF DEFENSE served on 4/4/2011 (Samant, Anjana) (Entered: 04/21/2011)
2011-04-215RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTRAL INTELLIGENCE AGENCY served on 4/5/2011 (Samant, Anjana) (Entered: 04/21/2011)
2011-04-216RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/04/2011. (Samant, Anjana) (Entered: 04/21/2011)
2011-04-217RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/4/2011. Answer due for ALL FEDERAL DEFENDANTS by 5/4/2011. (Samant, Anjana) (Entered: 04/21/2011)
2011-05-048NOTICE of Appearance by Nathan Michael Swinton on behalf of All Defendants (Swinton, Nathan) (Entered: 05/04/2011)
2011-05-049ANSWER to 1 Complaint by CENTRAL INTELLIGENCE AGENCY, UNITED STATES DEPARTMENT OF DEFENSE.(Swinton, Nathan) (Entered: 05/04/2011)
2011-05-0510ORDER that the defendant has until June 6, 2011 to file a dispositive motion or, in the alternative, to file a report setting forth a document production schedule. Signed by Judge Amy Berman Jackson on May 5, 2011. (MT) (Entered: 05/05/2011)
2011-05-06Set/Reset Deadlines: Defendants Dispositive Motion, or in the alternative, a report setting forth the schedule according to which it will complete its production of documents to plaintiff is due by 6/6/2011. (jth) (Entered: 05/06/2011)
2011-06-0611NOTICE of Proposed Production Schedule by CENTRAL INTELLIGENCE AGENCY, UNITED STATES DEPARTMENT OF DEFENSE (Swinton, Nathan) (Entered: 06/06/2011)
2011-06-2412MOTION for clarification of Court's May 6, 2011 Order by JEREMY BIGWOOD (Samant, Anjana) (Entered: 06/24/2011)
2011-06-27MINUTE ORDER denying 12 Motion for clarification. Defendant's Notice dated 6/6/2011 11 comports with the Court's order dated 5/5/2011 10 . Signed by Judge Amy Berman Jackson on 6/27/2011. (MT) (Entered: 06/27/2011)
2011-07-20MINUTE ORDER directing the parties to submit a joint status report on or before 8/10/2011 advising the Court of the status of the production in accordance with the joint proposal and whether there will be a need for dispositive motions. If the parties anticipate filing dispostive motions, they should also submit a proposed briefing schedule. Signed by Judge Amy Berman Jackson on 7/20/2011. (lcabj2) (Entered: 07/20/2011)
2011-07-23Set/Reset Deadlines: A Joint Status Report or Proposed Dispositive Motion Briefing Schedule is due by 8/10/2011. (jth) (Entered: 07/23/2011)
2011-08-1013STATUS REPORT by JEREMY BIGWOOD, CENTRAL INTELLIGENCE AGENCY, UNITED STATES DEPARTMENT OF DEFENSE. (Spees, Pamela) (Entered: 08/10/2011)
2011-08-1114SCHEDULING ORDER: The motion for summary judgment will be due on 10/7/2011, with opposition and cross-motion due on 11/4/2011, with reply and cross-motion opposition due on 11/18/2011 and reply to cross-motion due 12/2/11. PLEASE SEE ORDER FOR COMPLETE DETAILS. Signed by Judge Amy Berman Jackson on 8/11/2011. (MT) (Entered: 08/11/2011)
2011-08-11Set/Reset Deadlines: Summary Judgment motion due by 10/7/2011; Opposition and Cross-Motion due by 11/4/2011; Reply and Cross-Opposition due by 11/18/2011, Reply to Cross-Motion due by 12/2/2011. (jth) (Entered: 08/11/2011)
2011-09-2915Joint MOTION for Extension of Time to File by CENTRAL INTELLIGENCE AGENCY, UNITED STATES DEPARTMENT OF DEFENSE (Attachments: # 1 Text of Proposed Order)(Swinton, Nathan) (Entered: 09/29/2011)
2011-09-30MINUE ORDER granting 15 Joint Motion for Extension of Time. Motion for summary judgment will be due 3/2/2012, opposition to the motion for summary judgment and cross-motion for summary judgment will be due 3/30/2012, reply to motion for summary judgment and cross-motion opposition will be due 4/13/2012, and cross-motion reply will be due 4/27/2012. Signed by Judge Amy Berman Jackson on 9/30/2011. (MT) (Entered: 09/30/2011)
2011-09-30Set/Reset Deadlines: Summary Judgment motion due by 3/2/2012; Opposition andCross Motion due by 3/30/2012; Reply to Motion for Summary Judgment and the Opposition to the Cross Motions due by 4/13/2012; Reply to the Cross Motion due by 4/27/2012. (jth) (Entered: 09/30/2011)
2012-02-2716Joint MOTION for Extension of Time to File by CENTRAL INTELLIGENCE AGENCY, UNITED STATES DEPARTMENT OF DEFENSE (Attachments: # 1 Text of Proposed Order)(Swinton, Nathan) (Entered: 02/27/2012)
2012-03-01MINUTE ORDER granting 16 Motion for Extension of Time to File. Signed by Judge Amy Berman Jackson on 3/1/2012. (lcabj2) (Entered: 03/01/2012)
2012-03-01Set/Reset Deadlines: Defendants Motion for Summary Judgment is due by 5/25/2012; Plaintiff's opposition and cross-motion is due by 6/22/2012; Defendants reply and opposition to the cross-motion is due by 7/6/2012; Plaintiff's reply to the Cross Motion is due by 7/20/2012. (jth) (Entered: 03/01/2012)
2012-04-2717Third MOTION for Extension of Time to File by JEREMY BIGWOOD (Attachments: # 1 Text of Proposed Order)(Spees, Pamela) (Entered: 04/27/2012)
2012-04-30MINUTE ORDER granting 17 Motion for Extension of Time. Defendants' motion for summary judgment will be due 9/21/2012, the opposition to the motion for summary judgment and cross-motion for summary judgment will be due 10/19/2012, the reply to the motion for summary judgment and opposition to the cross-motion for summary judgment will be due 11/2/2012, and the reply to the cross-motion for summary judgment will be due 11/16/2012. Signed by Judge Amy Berman Jackson on 4/30/2012. (MT) (Entered: 04/30/2012)
2012-04-30Set/Reset Deadlines: Defendants' Motion for Summary Judgment due by 9/21/2012;Opposition to Motion for Summary Judgment and Cross Motion due by 10/19/2012; Reply to Summary Judgment and Opposition to the Cross Motion due by 11/2/2012; Reply to the Cross Motion is due by 11/16/2012. (jth) (Entered: 04/30/2012)
2012-08-3118Joint MOTION for Extension of Time to File by CENTRAL INTELLIGENCE AGENCY, UNITED STATES DEPARTMENT OF DEFENSE (Swinton, Nathan) (Entered: 08/31/2012)
2012-09-04MINUTE ORDER granting 18 Motion for Extension of Deadlines. The parties are directed to file a status report on or before December 3, 2012. Signed by Judge Amy Berman Jackson on 9/4/2012. (lcabj2) (Entered: 09/04/2012)
2012-09-04Set/Reset Deadlines: Defendants' Motion for Summary Judgment is due by 11/1/2013; Plaintiff's Opposition and Cross-Motion for Summary Judgment is due by 12/2/2013; Defendants' Reply and Opposition to the Cross Motion is due by 12/16/2013; Plaintiff's Reply to the Cross Motion is due by 1/3/2014. Status Report on document production is due by 12/3/2012. (jth) (Entered: 09/04/2012)
2012-09-0719NOTICE of Appearance by Thomas David Zimpleman on behalf of All Defendants (Zimpleman, Thomas) (Entered: 09/07/2012)
2012-12-0320STATUS REPORT Joint Status Report on Document Production by CENTRAL INTELLIGENCE AGENCY, UNITED STATES DEPARTMENT OF DEFENSE. (Zimpleman, Thomas) (Entered: 12/03/2012)
2012-12-03MINUTE ORDER. After reviewing the December 3, 2012 joint status report, the Court orders the parties to file an additional status report on document production by March 4, 2013. Signed by Judge Amy Berman Jackson on 12/3/2012. (lcabj2) (Entered: 12/03/2012)
2012-12-03Set/Reset Deadlines: Status Report on document production due by 3/4/2013. (jth) (Entered: 12/03/2012)
2013-03-0421STATUS REPORT on Document Production by CENTRAL INTELLIGENCE AGENCY, UNITED STATES DEPARTMENT OF DEFENSE. (Zimpleman, Thomas) (Entered: 03/04/2013)
2013-03-04MINUTE ORDER. In light of the parties' joint status report, the Court orders the parties to submit a further status report on document production by June 3, 2013. Signed by Judge Amy Berman Jackson on 3/4/2013. (lcabj2) (Entered: 03/04/2013)
2013-03-05Set/Reset Deadlines: Status Report on document production due by 6/3/2013. (jth) (Entered: 03/05/2013)
2013-04-05Case reassigned to Judge Ketanji Brown Jackson. Judge Amy Berman Jackson no longer assigned to the case. (ds) (Entered: 04/05/2013)
2013-06-0322STATUS REPORT Joint Status Report on Document Production by CENTRAL INTELLIGENCE AGENCY, UNITED STATES DEPARTMENT OF DEFENSE. (Zimpleman, Thomas) (Entered: 06/03/2013)
2013-06-04MINUTE ORDER. In light of the parties' 22 joint Status Report, the Court ORDERS the parties to submit a further status report on document production by September 3, 2013. Signed by Judge Ketanji Brown Jackson on 06/04/2013. (lckbj2) (Entered: 06/04/2013)
2013-09-0323STATUS REPORT on Document Production by CENTRAL INTELLIGENCE AGENCY, UNITED STATES DEPARTMENT OF DEFENSE. (Zimpleman, Thomas) (Entered: 09/03/2013)
2013-10-0924Joint MOTION for Extension of Time to File Summary Judgment Motions by JEREMY BIGWOOD (Spees, Pamela) (Entered: 10/09/2013)
2013-10-10MINUTE ORDER granting 24 Motion for Extension of Time. The Court has considered the instant consent motion, and for good cause shown and in light of the parties' representations that the additional time will permit negotiations regarding the scope of the remaining issues, the Court hereby GRANTS the requested extension and modifies the deadlines as follows: Defendants' motion for summary judgment shall be due by January 28, 2014; Plaintiff's opposition / cross-motion for summary judgment shall be due by February 28, 2014; Defendants' reply / opposition shall be due by March 17, 2014; and Plaintiff's reply shall be due by April 1, 2014. However, the Court notes that as this is the parties fifth request for such a modification, no further extensions will be given with regard to these filings. Signed by Judge Ketanji Brown Jackson on 10/10/2013. (lckbj1) (Entered: 10/10/2013)
2014-01-2825MOTION for Summary Judgment by CENTRAL INTELLIGENCE AGENCY, UNITED STATES DEPARTMENT OF DEFENSE (Attachments: # 1 Statement of Facts Statement of Material Facts Not in Dispute, # 2 Declaration Declaration of Lisa R. Bloom, # 3 Declaration Declaration of Thomas W. Geary, # 4 Declaration Declaration of Martha M. Lutz, # 5 Exhibit Vaughn Index, # 6 Text of Proposed Order)(Zimpleman, Thomas) (Entered: 01/28/2014)
2014-02-1226NOTICE of Appearance by Barbara C. Moses on behalf of JEREMY BIGWOOD (Moses, Barbara) (Entered: 02/12/2014)
2014-02-2027Unopposed MOTION for Extension of Time to File Response/Reply to Summary Judgment Motion by JEREMY BIGWOOD (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Moses, Barbara) (Entered: 02/20/2014)
2014-02-21MINUTE ORDER. This matter was originally filed in March of 2011. The parties subsequently filed four Joint Motions for an extension of time in which to file motions for summary judgment, each of which the Court granted. Upon the parties filing of a 5th Joint Motion for an extension of time in October of 2013, the Court granted the extension, giving Defendants until January 28, 2014, to file a summary judgment motion. The Court also specifically noted in that order that no further extensions would be granted. Plaintiff has now filed yet another motion for an extension related to the summary judgment briefing schedule. In light of Plaintiffs representations that (a) an extension is necessary in order for Plaintiffs newly-retained expert to do an evaluation of the summary judgment motion defendants have filed, and (b) that Plaintiff will forgo filing a cross-motion for summary judgment, the Court is willing to modify the current schedule, provided that such modification does not result in any extension of the date on which the dispositive motions will be fully briefed. Accordingly, it is hereby ORDERED that Plaintiffs shall have until March 18, 2014, to file their opposition to Defendants Motion for Summary Judgment, and Defendants shall file their reply, if any, by April 1, 2014. Any future motions for an extension of this briefing schedule will be summarily denied. Signed by Judge Ketanji Brown Jackson on 02/21/2014. (lckbj2, ) (Entered: 02/21/2014)
2014-02-24Set/Reset Deadlines: Response to Motion for Summary Judgment due by 3/18/2014. Reply to Motion for Summary Judgment due by 4/1/2014. (gdf) (Entered: 02/24/2014)
2014-03-1828Memorandum in opposition to re 25 MOTION for Summary Judgment filed by JEREMY BIGWOOD. (Attachments: # 1 Statement of Facts, # 2 Declaration of Daniel Regard, # 3 Declaration of Jeremy Bigwood)(Spees, Pamela) (Entered: 03/18/2014)
2014-03-1829AFFIDAVIT re 28 Memorandum in Opposition by JEREMY BIGWOOD. (Spees, Pamela) (Entered: 03/18/2014)
2014-03-1830Exhibit K re 28 Memorandum in Opposition by JEREMY BIGWOOD. (Spees, Pamela) Modified on 3/19/2014 (jf, ). (Entered: 03/19/2014)
2014-03-1931Exhibit re 28 Memorandum in Opposition by JEREMY BIGWOOD. (Spees, Pamela) Modified on 3/19/2014 (jf, ). (Entered: 03/19/2014)
2014-03-1932NOTICE OF PROPOSED ORDER re 28 Memorandum in opposition to re 25 MOTION for Summary Judgment filed by JEREMY BIGWOOD. (Spees, Pamela) Modified on 3/19/2014 (jf, ). (Entered: 03/19/2014)
2014-04-0133REPLY to opposition to motion re 25 MOTION for Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY, UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: # 1 Declaration of Major Lisa R. Bloom)(Zimpleman, Thomas) (Entered: 04/01/2014)
2014-04-0834MOTION for Leave to File Surreply by JEREMY BIGWOOD (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Moses, Barbara) Modified on 4/9/2014 to modify docket event (jf, ). (Entered: 04/08/2014)
2014-04-1435Memorandum in opposition to re 34 MOTION for Leave to File Surreply filed by CENTRAL INTELLIGENCE AGENCY, UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Zimpleman, Thomas) (Entered: 04/14/2014)
2014-04-1736REPLY to opposition to motion re 34 MOTION for Leave to File Surreply filed by JEREMY BIGWOOD. (Moses, Barbara) (Entered: 04/17/2014)
2014-09-0837ORDER denying Defendants' 25 Motion for Summary Judgment, ordering Defendants to submit revised Vaughn Index by 10/08/2014, and denying as moot Plaintiff's 34 Motion for Leave to File Surreply. Signed by Judge Ketanji Brown Jackson on 09/08/2014. (lckbj2) (Entered: 09/08/2014)
2014-09-2238Vaughn Index Supplemental from United States Department of Defense. (Zimpleman, Thomas) (Entered: 09/22/2014)
2014-09-3039NOTICE of Appearance by Kathryn Celia Davis on behalf of CENTRAL INTELLIGENCE AGENCY, UNITED STATES DEPARTMENT OF DEFENSE (Davis, Kathryn) (Entered: 09/30/2014)
2014-09-3040Unopposed MOTION to Clarify by CENTRAL INTELLIGENCE AGENCY, UNITED STATES DEPARTMENT OF DEFENSE (Attachments: # 1 Text of Proposed Order)(Davis, Kathryn) (Entered: 09/30/2014)
2014-10-01MINUTE ORDER granting 40 Motion to Clarify. It is hereby ORDERED that 25 Defendants Motion for Summary Judgment and the related 34 Motion for Order Granting Leave to File a Surreply are deemed renewed on the basis of the 38 Vaughn Index filed on September 22, 2014, and the Court takes both motions under advisement. Signed by Judge Ketanji Brown Jackson on 10/1/2014. (lckbj1) (Entered: 10/01/2014)
2015-02-24CASE REFERRED directly to Magistrate Judge G. Michael Harvey for full case management. (gt, ) (Entered: 02/24/2015)
2015-03-0441Joint MOTION to Vacate the Court's Minute Order of February 24, 2015 by CENTRAL INTELLIGENCE AGENCY, UNITED STATES DEPARTMENT OF DEFENSE (Attachments: # 1 Text of Proposed Order)(Davis, Kathryn) (Entered: 03/04/2015)
2015-03-11MINUTE ORDER. On February 24, 2015, this Court referred this case to Magistrate Judge G. Michael Harvey under LCvR 72.2 for full case management up to and excluding trial. This referral is not a referral for all purposes under LCvR 73.1. Pursuant to LCvR 72.3, Magistrate Judge Harvey will issue a report and recommendations on defendant's 25 renewed motion for summary judgment, and the parties will have an opportunity to object to the report and recommendations. This Court ordered the referral in the exercise of its discretion to manage its own docket and after consideration of the status of both the instant matter and the other matters pending before it. The parties have not convinced this Court that it abused its discretion in referring this matter to Magistrate Judge Harvey. Accordingly, it is hereby ORDERED that 41 Joint Motion to Vacate the Court's Minute Order of February 24, 2015 is DENIED. Signed by Judge Ketanji Brown Jackson on 3/11/2015. (lckbj1) (Entered: 03/11/2015)
2015-06-22Set/Reset Hearings: Motions Hearing set for 7/23/2015 at 02:00 PM in Courtroom 6 before Magistrate Judge G. Michael Harvey. (SP) (Entered: 06/22/2015)
2015-07-07MINUTE ORDER cancelling motions hearing set for July 23, 2015. Signed by Magistrate Judge G. Michael Harvey on 7/7/15. (SP) (Entered: 07/07/2015)
2015-08-1442REPORT AND RECOMMENDATION re 34 MOTION for Leave to File Surreply filed by JEREMY BIGWOOD, 25 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF DEFENSE, CENTRAL INTELLIGENCE AGENCY. Signed by Magistrate Judge G. Michael Harvey on 08/14/2015. (lcgmh1, ) (Entered: 08/14/2015)
2015-09-2543MEMORANDUM OPINION ADOPTING 42 Report and Recommendation of Magistrate Judge. See attached document for details. Signed by Judge Ketanji Brown Jackson on 09/25/2015. (Attachments: # 1 Appendix Report and Recommendation) (lckbj1) (Entered: 09/25/2015)
2015-09-2544ORDER ADOPTING 42 Report and Recommendation of Magistrate Judge, GRANTING 25 Motion for Summary Judgment, and DENYING 34 Motion for Leave to File a Sur-reply. Signed by Judge Ketanji Brown Jackson on 09/25/2015. (lckbj1) (Entered: 09/25/2015)
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