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Case TitleReich v. U.S. Department of Energy et al
DistrictDistrict of Massachusetts
CityBoston
Case Number1:2009cv10883
Date Filed2009-05-27
Date Closed2011-08-22
JudgeJudge Nathaniel M. Gorton
PlaintiffEugenie Samuel Reich
DefendantU.S. Department of Energy
DefendantOak Ridge National Laboratory
DefendantUT-Battelle
TERMINATED: 11/24/2009
AppealFirst Circuit 11-1781
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
Complaint attachment 15
Opinion/Order [53]
Opinion/Order [81]
FOIA Project Annotation: A federal court in Massachusetts has ruled that neither a draft nor final report prepared by the Oak Ridge National Laboratory investigating allegations of research and publication fraud by one of its prominent scientists qualifies as an agency record and need not be released pursuant to a FOIA request filed by science writer Eugenie Reich. Although ORNL is wholly owned by the Department of Energy, it is run under contract by UT-Battelle. After the investigation had been completed, James Roberto, Director of Strategic Capabilities at ORNL, sent a copy of the draft report as an email attachment to Patricia Dehmer, the Associate Director of Basic Energy Services at the DOE Office of Science. Roberto brought a copy of the draft report to two meetings at DOE held to provide the agency with an opportunity to review the process of the investigative panel. After the meetings, DOE confirmed that the panel was objective and followed adequate procedures. At the end of each meeting, Roberto retrieved the copy of the report. Before the second meeting, he sent a copy of the final report to Dehmer, but retrieved it at the end of the meeting. During the agency's search for the report in response to Reich's request, the only copy Dehmer was able to locate was the one Roberto had sent as an email attachment. The agency denied Reich's request on the basis that the report was not an agency record. On appeal, the Office of Hearings and Appeals initially ruled in favor of Reich, finding that the agency had possession of the report at the time of Reich's request, used it to determine that the investigation was conducted properly, and kept a copy. The agency then changed its position again, finding that the draft and final reports were not the same record and that the draft report still did not qualify as an agency record. In the alternative, the agency claimed the draft was exempt under Exemption 5(deliberative process privilege). The court first dismissed ORNL as a defendant after concluding that it was not an agency. The court noted that "the fact that the DOE owns the physical property at ORNL is not dispositive. . .The Court is of the opinion that [oversight of the misconduct investigation process] constitutes merely the 'exercise of regulatory authority necessary to assure compliance with the goals of the federal grant' and not substantial involvement in daily operations." The court then looked at whether the report qualified as an agency record. It first noted that Roberto had intended to share the draft with Dehmer, but "in contrast, with respect to the Final Report, Roberto demonstrated intent to retain control of and restrict the DOE's access to the Final Report by retrieving all copies at the end of each meeting." Because the report was marked as confidential business information that could not be further disseminated without Battelle's permission, the court found that the agency was not free to use or dispose of the report. Although OHA had found that the agency relied upon the report, the agency produced nine affidavits of employees involved in the meetings asserting that they did nothing more than scan the report. Finally, the court concluded that the agency did not have a copy of the final report. As to the draft report, the court noted that "mere storage of a record at a federal agency does not, by itself, make it an agency record. . .Instead, where an agency merely has possession of a document, the Court must focus on the third factor: the extent to which agency personnel read or relied upon the document."
Issues: Agency Record
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2009-05-27ELECTRONIC NOTICE of Case Assignment. Judge Nathaniel M. Gorton assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Sorokin (Paine, Matthew) (Entered: 05/27/2009)
2009-05-271COMPLAINT against U.S. Department of Energy, Oak Ridge National Laboratory, UT-Battelle, filed by Eugenie Samuel Reich. (Attachments: # 1 Civil Cover Sheet and Category Form)(Paine, Matthew) (Additional attachment(s) added on 5/27/2009: # 2 Exhibit - 1, # 3 Exhibit - 2, # 4 Exhibit - 3, # 5 Exhibit - 4, # 6 Exhibit - 5, # 7 Exhibit - 6, # 8 Exhibit 7 - Part 1, # 9 Exhibit 7 - Part 2, # 10 Exhibit 7 - Part 3, # 11 Exhibit 7 - Part 4, # 12 Exhibit - 8, # 13 Exhibit - 9, # 14 Exhibit - 10, # 15 Exhibit - 11) (Paine, Matthew). (Entered: 05/27/2009)
2009-05-27Summons Issued as to U.S. Department of Energy, Oak Ridge National Laboratory, UT-Battelle, U.S. Attorney and U.S. Attorney General. (Paine, Matthew) (Entered: 05/27/2009)
2009-05-272General Order 09-1, dated January 6, 2009 regarding the E-Government Act and Personal Identifiers entered. (Paine, Matthew) (Entered: 05/27/2009)
2009-05-28Filing fee/payment: $ 350.00, receipt number BST010835 for 1 Complaint, (Russo, Patricia) (Entered: 05/28/2009)
2009-06-083NOTICE of Appearance by Mark J. Grady on behalf of U.S. Department of Energy, Oak Ridge National Laboratory, UT-Battelle (Grady, Mark) (Entered: 06/08/2009)
2009-06-084SUMMONS Returned Executed by Eugenie Samuel Reich. U.S. Department of Energy served on 5/30/2009, answer due 7/29/2009. (Duong, Diep) (Entered: 06/08/2009)
2009-06-085SUMMONS Returned Executed by Eugenie Samuel Reich. Oak Ridge National Laboratory served on 5/30/2009, answer due 7/29/2009. (Duong, Diep) (Entered: 06/08/2009)
2009-06-086SUMMONS Returned Executed UT-Battelle served on 6/2/2009, answer due 6/22/2009. (Duong, Diep) (Entered: 06/08/2009)
2009-06-167NOTICE of Appearance by Julia C. Martinescu on behalf of UT-Battelle (Martinescu, Julia) (Entered: 06/16/2009)
2009-06-168NOTICE of Appearance by Mark J. Grady on behalf of U.S. Department of Energy, Oak Ridge National Laboratory (Grady, Mark) (Entered: 06/16/2009)
2009-06-169CORPORATE DISCLOSURE STATEMENT by UT-Battelle. (Martinescu, Julia) (Entered: 06/16/2009)
2009-06-1610MOTION for Extension of Time to 07/02/09 to Respond to Plaintiff's Complaint and Request for Expedited Consideration of Same by UT-Battelle. (Attachments: # 1 Text of Proposed Order)(Martinescu, Julia) (Entered: 06/16/2009)
2009-06-1611MEMORANDUM in Support re 10 MOTION for Extension of Time to 07/02/09 to Respond to Plaintiff's Complaint and Request for Expedited Consideration of Same filed by UT-Battelle. (Martinescu, Julia) (Entered: 06/16/2009)
2009-06-22Judge Nathaniel M. Gorton: Electronic ORDER entered granting 10 Motion for Extension of Time to Answer. UT-Battelle answer due 7/2/2009. (Duong, Diep) (Entered: 06/22/2009)
2009-06-2512MOTION for Extension of Time to August 31, 2009 to File Answer re 1 Complaint,, by U.S. Department of Energy, Oak Ridge National Laboratory.(Grady, Mark) (Entered: 06/25/2009)
2009-07-0213MOTION to Dismiss by UT-Battelle. (Attachments: # 1 Text of Proposed Order)(Martinescu, Julia) (Entered: 07/02/2009)
2009-07-0214MEMORANDUM in Support re 13 MOTION to Dismiss filed by UT-Battelle. (Attachments: # 1 Exhibit)(Martinescu, Julia) (Entered: 07/02/2009)
2009-07-0915Opposition re 13 MOTION to Dismiss filed by Eugenie Samuel Reich. (Johnson, Jay) (Entered: 07/10/2009)
2009-07-2216MOTION for Leave to File Reply Memorandum in Further Support of Defendant UT-Battelle's Motion to Dismiss by UT-Battelle. (Attachments: # 1 Exhibit)(Martinescu, Julia) (Entered: 07/22/2009)
2009-07-2917Opposition re 16 MOTION for Leave to File Reply Memorandum in Further Support of Defendant UT-Battelle's Motion to Dismiss filed by Eugenie Samuel Reich. (Duong, Diep) (Entered: 07/29/2009)
2009-08-3118ANSWER to 1 Complaint,, by U.S. Department of Energy, Oak Ridge National Laboratory.(Grady, Mark) (Entered: 08/31/2009)
2009-10-0219NOTICE of Appearance by Michael A. Pezza, Jr on behalf of Eugenie Samuel Reich (Pezza, Michael) (Entered: 10/02/2009)
2009-10-0220MOTION for Leave to Appear Pro Hac Vice for admission of David B. Smallman Filing fee $ 50, receipt number 01010000000002608792. by Eugenie Samuel Reich.(Pezza, Michael) (Entered: 10/02/2009)
2009-10-0221Certificate of Good Standing re 20 MOTION for Leave to Appear Pro Hac Vice for admission of David B. Smallman Filing fee $ 50, receipt number 01010000000002608792. by Eugenie Samuel Reich. (Pezza, Michael) (Entered: 10/02/2009)
2009-10-0722NOTICE of Scheduling Conference Scheduling Conference set for 11/13/2009 03:30 PM in Courtroom 4 before Judge Nathaniel M. Gorton. (Nicewicz, Craig) (Entered: 10/07/2009)
2009-10-07Judge Nathaniel M. Gorton: Electronic ORDER entered granting 20 Motion for Leave to Appear Pro Hac Vice; Added David B. Smallman for Eugenie Samuel Reich. Attorneys admitted Pro Hac Vice must register for electronic filing. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Duong, Diep) (Entered: 10/07/2009)
2009-10-23ELECTRONIC NOTICE OF RESCHEDULING Scheduling Conference set for 1/27/2010 02:30 PM in Courtroom 4 before Judge Nathaniel M. Gorton. (Nicewicz, Craig) (Entered: 10/23/2009)
2009-11-1923NOTICE of Voluntary Dismissal by Eugenie Samuel Reich (Pezza, Michael) (Entered: 11/19/2009)
2009-11-24Judge Nathaniel M. Gorton: Electronic ORDER entered granting 12 Motion for Extension of Time to Answer; finding as moot 13 Motion to Dismiss (in light of docket no. 23 ) ; finding as moot 16 Motion for Leave to File; (Duong, Diep) (Entered: 11/24/2009)
2010-01-13ELECTRONIC NOTICE OF RESCHEDULING Scheduling Conference set for 3/24/2010 02:30 PM in Courtroom 4 before Judge Nathaniel M. Gorton. (Nicewicz, Craig) (Entered: 01/13/2010)
2010-03-1724Assented to MOTION for Extension of Time to March 19, 2010 to File Joint Proposed Schedule by U.S. Department of Energy.(Grady, Mark) (Entered: 03/17/2010)
2010-03-1925CERTIFICATION pursuant to Local Rule 16.1 by U.S. Department of Energy.(Grady, Mark) (Entered: 03/19/2010)
2010-03-1926JOINT STATEMENT re scheduling conference. (Pezza, Michael) (Entered: 03/19/2010)
2010-03-1927CERTIFICATION pursuant to Local Rule 16.1 by Eugenie Samuel Reich.(Pezza, Michael) (Entered: 03/19/2010)
2010-03-22Judge Nathaniel M. Gorton: Electronic ORDER entered granting 24 Motion for Extension of Time to File (Nicewicz, Craig) (Entered: 03/22/2010)
2010-03-24ELECTRONIC Clerk's Notes for proceedings held before Judge Nathaniel M. Gorton: Scheduling Conference held on 3/24/2010. Scheduling Order- Defendant will inform Plaintiff of available material by 3/31/10. Amendments or supplements by 4/7/10, amended answer by 4/21/10. Defendants motion for summary judgment and supporting memorandum by 5/24/10 (submit subject report to court for en camera review). Plaintiff response to and or rule 56 motion by 7/24/10. Court will take matter under advisement and issue decision by 9/24/10. If discovery is warranted, produced by 11/24/10 and further submission by plaintiff will be due 12/8/10 and response by defendant by 1/15/11. (Court Reporter: First.)(Attorneys present: Smallman, Pezza, Grady) (Nicewicz, Craig) (Entered: 03/30/2010)
2010-03-3128STATUS REPORT by Oak Ridge National Laboratory, U.S. Department of Energy. (Grady, Mark) (Entered: 03/31/2010)
2010-03-31Set/Reset Deadlines: Amendments or supplements due by 4/7/2010. Discovery to be completed by 11/24/2010. Motions due by 5/24/2010. (Duong, Diep) (Entered: 03/31/2010)
2010-04-0729AMENDED COMPLAINT against Oak Ridge National Laboratory, U.S. Department of Energy, filed by Eugenie Samuel Reich. (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)(Pezza, Michael) (Entered: 04/07/2010)
2010-04-0730EXHIBITS to 29 Amended Complaint. Ex. J part 2 against Oak Ridge National Laboratory, U.S. Department of Energy, filed by Eugenie Samuel Reich. (Attachments: # 1 Exhibit J part 3, # 2 Exhibit J part 4)(Pezza, Michael) Modified on 4/12/2010 to correct event (Duong, Diep). (Entered: 04/07/2010)
2010-04-2131ANSWER to 29 Amended Complaint, by Oak Ridge National Laboratory, U.S. Department of Energy.(Grady, Mark) (Entered: 04/21/2010)
2010-05-1832Assented to MOTION for Extension of Time to June 7, 2010 to File The Defendants' Motion For Summary Judgment And For A Similar Fourteen Day Extension Of Time, To August 9, 2010, For The Plaintiff To File Her Response by Oak Ridge National Laboratory, U.S. Department of Energy.(Grady, Mark) (Entered: 05/18/2010)
2010-05-20Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting 32 Motion for Extension of Time to File (Nicewicz, Craig) (Entered: 05/20/2010)
2010-05-21Set Deadlines: Summary Judgment Motions due by 6/7/2010. Responses due by 8/9/2010. (Duong, Diep) (Entered: 05/21/2010)
2010-06-0333Assented to MOTION for Extension of Time to June 14, 2010 to File Defendants Summary Judgment Motion And For An Extension Of Time To August 16, 2010, For The Plaintiff To Respond by Oak Ridge National Laboratory, U.S. Department of Energy.(Grady, Mark) (Entered: 06/03/2010)
2010-06-0934Assented to MOTION for Extension of Time to June 28, 2010 to File Defendants' Summary Judgment Motion And For An Extension To August 30, 2010, For The Plaintiff To File Her Response by Oak Ridge National Laboratory, U.S. Department of Energy.(Grady, Mark) (Entered: 06/09/2010)
2010-06-2835MOTION for Summary Judgment by Oak Ridge National Laboratory, U.S. Department of Energy.(Grady, Mark) (Entered: 06/28/2010)
2010-06-2836Statement of Material Facts L.R. 56.1 re 35 MOTION for Summary Judgment filed by Oak Ridge National Laboratory, U.S. Department of Energy. (Attachments: # 1 Affidavit Exhibit 1 - Moore Declaration, # 2 Affidavit Exhibit 2 - Roberto Declaration, # 3 Exhibit Exhibit 2A - Roberto Declaration Exhibit 1, # 4 Affidavit Exhibit 3 - Dehmer Declaration, # 5 Affidavit Exhibit 4 - Rothrock Declaration, # 6 Exhibit Exhibit 4A - Rothrock Declaration Exhibit 1, # 7 Exhibit Exhibit 4B - Rothrock Declaration Exhibit 2, # 8 Exhibit Exhibit 4C - Rothrock Declaration Exhibit 3, # 9 Exhibit Exhibit 4D - Rothrock Declaration Exhibit 4, # 10 Exhibit Exhibit 4E - Rothrock Declaration Exhibit 5, # 11 Exhibit Exhibit 4F - Rothrock Declaration Exhibit 6, # 12 Affidavit Exhibit 5 - Kung Declaration)(Grady, Mark) (Entered: 06/28/2010)
2010-06-2837AFFIDAVIT in Support re 35 MOTION for Summary Judgment filed by Oak Ridge National Laboratory, U.S. Department of Energy. (Attachments: # 1 Affidavit Exhibit 8 - Lincoln Declaration, # 2 Affidavit Exhibit 9 - Angulo Declaration)(Grady, Mark) (Entered: 06/28/2010)
2010-06-2838MEMORANDUM in Support re 35 MOTION for Summary Judgment filed by Oak Ridge National Laboratory, U.S. Department of Energy. (Grady, Mark) (Entered: 06/28/2010)
2010-06-2839AFFIDAVIT in Support re 35 MOTION for Summary Judgment of Helen Kerch (Exhibit 6) filed by Oak Ridge National Laboratory, U.S. Department of Energy. (Grady, Mark) (Entered: 06/28/2010)
2010-07-14Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered finding as moot 33 Motion for Extension of Time to File; granting 34 Motion for Extension of Time to File (Nicewicz, Craig) (Entered: 07/14/2010)
2010-08-2041First MOTION for Extension of Time to September 30, 2010 to file opposition to defendants' motion for summary judgment by Eugenie Samuel Reich.(Pezza, Michael) (Entered: 08/20/2010)
2010-09-01Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting 41 Motion for Extension of Time (Nicewicz, Craig) (Entered: 09/01/2010)
2010-09-01Set/Reset Deadlines as to 35 MOTION for Summary Judgment. Responses due by 9/30/2010 (Abaid, Kimberly) (Entered: 09/03/2010)
2010-09-2142Second MOTION for Extension of Time to November 15, 2010 to file opposition to defendants' motion for summary judgment by Eugenie Samuel Reich.(Pezza, Michael) (Entered: 09/21/2010)
2010-09-22Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting 42 Motion for Extension of Time (Nicewicz, Craig) (Entered: 09/22/2010)
2010-09-23Set/Reset Deadlines as to 35 MOTION for Summary Judgment. Responses due by 11/15/2010 (Hourihan, Lisa) (Entered: 09/23/2010)
2010-11-0243Third MOTION for Extension of Time to December 15, 2010 to file opposition to defendants' motion for summary judgment by Eugenie Samuel Reich.(Pezza, Michael) (Entered: 11/02/2010)
2010-11-02Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting 43 Motion for Extension of Time (Nicewicz, Craig) (Entered: 11/02/2010)
2010-11-03Set Deadlines as to 35 MOTION for Summary Judgment. Opposition due by 12/15/2010 (Duong, Diep) (Entered: 11/03/2010)
2010-12-1544MOTION for Discovery Under Rule 56(f) by Eugenie Samuel Reich.(Pezza, Michael) (Entered: 12/15/2010)
2010-12-1545MEMORANDUM in Support re 44 MOTION for Discovery Under Rule 56(f) filed by Eugenie Samuel Reich. (Pezza, Michael) (Entered: 12/15/2010)
2010-12-2246Assented to MOTION for Extension of Time to January 28, 2011 to File Response/Reply as to 44 MOTION for Discovery Under Rule 56(f) by Oak Ridge National Laboratory, U.S. Department of Energy.(Grady, Mark) (Entered: 12/22/2010)
2010-12-29Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting 46 Motion for Extension of Time to File Response/Reply re 44 MOTION for Discovery Under Rule 56(f) Responses due by 1/28/2011 (Nicewicz, Craig) (Entered: 12/29/2010)
2011-01-1947Assented to MOTION for Extension of Time to February 16, 2011 to File Response/Reply as to 45 Memorandum in Support of Motion, 44 MOTION for Discovery Under Rule 56(f) by U.S. Department of Energy.(Grady, Mark) (Main Document 47 replaced on 1/21/2011) (Duong, Diep). (Entered: 01/19/2011)
2011-01-2148Judge Nathaniel M. Gorton: ENDORSED ORDER entered granting 47 Motion for Extension of Time to File Response/Reply re 44 MOTION for Discovery Under Rule 56(f) Responses due by 2/16/2011. (Duong, Diep) (Entered: 01/21/2011)
2011-02-1449NOTICE of Withdrawal of Appearance by Mark J. Grady (Grady, Mark) (Entered: 02/14/2011)
2011-02-1450NOTICE of Appearance by Rayford A. Farquhar on behalf of Oak Ridge National Laboratory, U.S. Department of Energy (Farquhar, Rayford) (Entered: 02/14/2011)
2011-02-1451Assented to MOTION for Extension of Time to 2/25/11 to File Response/Reply to the Plaintiff's Request for Discovery Purusant to Fed. R. Civ. P. 56(f) by U.S. Department of Energy.(Farquhar, Rayford) (Entered: 02/14/2011)
2011-02-22Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting 51 Motion for Extension of Time to File Response/Reply re 44 MOTION for Discovery Under Rule 56(f) Responses due by 2/25/2011 (Patch, Christine) (Entered: 02/22/2011)
2011-02-2552Opposition re 44 MOTION for Discovery Under Rule 56(f) filed by Oak Ridge National Laboratory, U.S. Department of Energy. (Farquhar, Rayford) (Entered: 02/25/2011)
2011-03-1753Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER "In accordance with the foregoing, 1) defendants' motion for summary judgment (Docket No. 35 ) is ALLOWED; and 2) plaintiff's motion for discovery pursuant to Fed. R. Civ. P. 56(f) (Docket No. 44 ) is DENIED." (Duong, Diep) (Entered: 03/17/2011)
2011-03-1855Letter from Michael Pezza and David Smallman to Christine Patch re: 53 Memorandum and Order. (Patch, Christine) (Entered: 04/26/2011)
2011-04-0654Judge Nathaniel M. Gorton: ORDER entered. ORDER DISMISSING CASE (Duong, Diep) (Entered: 04/06/2011)
2011-04-06Civil Case Terminated. (Duong, Diep) (Entered: 04/06/2011)
2011-04-26Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered re 53 Memorandum & ORDER. If Plaintiff wishes the Court to reconsider it's Memorandum and Order of 3/17/11, they are to file a Motion for Reconsideration by 5/13/2011. Defendants will have two weeks, up to and including 5/27/2011, to file any responses. The matter will be taken into consideration by the Court at that time.(Patch, Christine) (Entered: 04/26/2011)
2011-05-1356MOTION for Reconsideration of MArch 17 Memorandum & Order and April 6 Order of Dismissal by Eugenie Samuel Reich.(Pezza, Michael) (Main Document 56 replaced on 5/17/2011 to correct typographical/format errors) (Duong, Diep). (Entered: 05/13/2011)
2011-05-1357MEMORANDUM in Support re 56 MOTION for Reconsideration of MArch 17 Memorandum & Order and April 6 Order of Dismissal filed by Eugenie Samuel Reich. (Pezza, Michael) (Main Document 57 replaced on 5/17/2011 to correct typographical/format errors) (Duong, Diep). (Entered: 05/13/2011)
2011-05-1358AFFIDAVIT in Support Motion for Reconsideration . (Pezza, Michael) (Entered: 05/13/2011)
2011-05-1359AFFIDAVIT in Support Motion for Reconsideration . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Pezza, Michael) (Main Document 59 replaced on 5/17/2011 to correct typographical/format errors) (Duong, Diep). (Entered: 05/13/2011)
2011-05-1360CERTIFICATE OF SERVICE pursuant to LR 5.2 by Eugenie Samuel Reich re 59 Affidavit in Support. (Pezza, Michael) (Entered: 05/13/2011)
2011-05-1961NOTICE of Appearance by Mark J. Grady on behalf of Oak Ridge National Laboratory, U.S. Department of Energy (Grady, Mark) (Entered: 05/19/2011)
2011-05-2362Assented to MOTION for Extension of Time to July 5, 2011 to File Notice of Appeal of April 6, 2011, Order by Eugenie Samuel Reich.(Pezza, Michael) (Entered: 05/23/2011)
2011-05-2363MEMORANDUM in Support re 62 Assented to MOTION for Extension of Time to July 5, 2011 to File Notice of Appeal of April 6, 2011, Order filed by Eugenie Samuel Reich. (Pezza, Michael) (Entered: 05/23/2011)
2011-05-24Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting 62 Motion for Extension of Time to File Notice of Appeal. (Patch, Christine) (Entered: 05/24/2011)
2011-05-2764Opposition re 56 MOTION for Reconsideration of MArch 17 Memorandum & Order and April 6 Order of Dismissal filed by Oak Ridge National Laboratory, U.S. Department of Energy. (Grady, Mark) (Entered: 05/27/2011)
2011-06-0165MOTION for Leave to File Reply To Defendants' Opposition To Plaintiff's Motion for Reconsideration by Eugenie Samuel Reich. (Attachments: # 1 Reply To Defendants' Opposition To Motion for Reconsideration)(Pezza, Michael) (Entered: 06/01/2011)
2011-06-1366Opposition re 65 MOTION for Leave to File Reply To Defendants' Opposition To Plaintiff's Motion for Reconsideration filed by Oak Ridge National Laboratory, U.S. Department of Energy. (Grady, Mark) (Entered: 06/13/2011)
2011-07-0567NOTICE OF APPEAL as to 54 Order Dismissing Case by Eugenie Samuel Reich Filing fee: $ 455, receipt number 0101-3483391 Fee Status: Not Exempt. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf . Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/efiling.htm . US District Court Clerk to deliver official record to Court of Appeals by 7/25/2011. (Pezza, Michael) (Entered: 07/05/2011)
2011-07-0568Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re 67 Notice of Appeal, (Ramos, Jeanette) (Entered: 07/05/2011)
2011-07-05USCA Case Number 11-1781 for 67 Notice of Appeal, filed by Eugenie Samuel Reich. (Ramos, Jeanette) (Entered: 07/05/2011)
2011-07-0569July 5, 2011, Letter/request (non-motion) from Michael A. Pezza Jr. regarding filing of notice of appeal in light of no notice of decision on motion for reconsideration before expiration of appeal period. . (Pezza, Michael) (Entered: 07/05/2011)
2011-07-0870Judge Nathaniel M. Gorton: ORDER entered. "...Plaintiff's motion for reconsideration (Docket No. 56 ) is, therefore, ALLOWED but only with respect to its ruling on the summary judgment motion (Docket No. 35 ). The Court's denial of plaintiff's motion for discovery pursuant to Fed. R. Civ. P. 56(f) (Docket No. 44 ) is reaffirmed. Plaintiffs memorandum in opposition to defendants motion for summary judgment will be filed on or before Friday, July 22, 2011. Defendants reply, if any, not to exceed ten pages, will be filed on or before August 5, 2011..." (Duong, Diep) (Entered: 07/08/2011)
2011-07-08Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting 65 Motion for Leave to File Document (Duong, Diep) (Entered: 07/08/2011)
2011-07-08Set/Reset Deadlines as to Opposition to motion for summary judgment due by 7/22/2011 and Reply due by 8/5/2011. (Duong, Diep) (Entered: 07/08/2011)
2011-07-0871REPLY to Response to 56 MOTION for Reconsideration of March 17 Memorandum & Order and April 6 Order of Dismissal filed with leave of Court granted July 8, 2011, filed by Eugenie Samuel Reich. (Pezza, Michael) (Entered: 07/08/2011)
2011-07-12Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered. Order Vacating 54 Order of Dismissal in light of Order 70 (Duong, Diep) (Entered: 07/12/2011)
2011-07-12Case Reopened per 70 (Duong, Diep) (Entered: 07/12/2011)
2011-07-12Reopen Document 35 MOTION for Summary Judgment per 70 (Duong, Diep) (Entered: 07/12/2011)
2011-07-1572USCA Judgment as to 67 Notice of Appeal, filed by Eugenie Samuel Reich. Upon consideration of the assented-to motion for voluntary dismissal filed by plaintiff-appellant Eugenie Samuel Reich, it is hereby ordered that this appeal be voluntarily dismissed pursuant to Fed. R. App. P. 42(b) with each party to bear its own costs. Mandate to issued forthwith. Judgment issued in the USCA 7/14/2011 (Ramos, Jeanette) (Entered: 07/15/2011)
2011-07-1573MANDATE of USCA as to 67 Notice of Appeal, filed by Eugenie Samuel Reich. Appeal 67 Terminated. Mandate issued in the USCA 7/14/2011 (Ramos, Jeanette) (Entered: 07/15/2011)
2011-07-2274Opposition re 35 MOTION for Summary Judgment filed by Eugenie Samuel Reich. (Pezza, Michael) (Main Document 74 replaced on 7/25/2011) (Duong, Diep). (Entered: 07/22/2011)
2011-07-2275Statement of Material Facts L.R. 56.1 re 35 MOTION for Summary Judgment filed by Eugenie Samuel Reich. (Pezza, Michael) (Entered: 07/22/2011)
2011-07-2276AFFIDAVIT in Opposition to Defendants' Motion for Summary Judgment(Second Reich Declaration) . (Attachments: # 1 Exhibit Ex. 1, # 2 Exhibit Ex. 2, # 3 Exhibit Ex. 3, # 4 Exhibit Ex. 4)(Pezza, Michael) (Entered: 07/22/2011)
2011-08-0577REPLY to Response to 35 MOTION for Summary Judgment filed by Oak Ridge National Laboratory, U.S. Department of Energy. (Grady, Mark) (Entered: 08/05/2011)
2011-08-0578MOTION to Strike Portions of the Second Reich Affidavit and Statement of Facts by Oak Ridge National Laboratory, U.S. Department of Energy.(Grady, Mark) (Entered: 08/05/2011)
2011-08-0579MEMORANDUM in Support re 78 MOTION to Strike Portions of the Second Reich Affidavit and Statement of Facts filed by Oak Ridge National Laboratory, U.S. Department of Energy. (Attachments: # 1 Exhibit 1 - Local Rule 7.1 Communications, # 2 Exhibit 2 - Highlighted Copy of Second Reich Declaration)(Grady, Mark) (Entered: 08/05/2011)
2011-08-1980Opposition re 78 MOTION to Strike Portions of the Second Reich Affidavit and Statement of Facts (Oral Argument Requested) filed by Eugenie Samuel Reich. (Pezza, Michael) (Entered: 08/19/2011)
2011-08-1981Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER "In accordance with the foregoing, defendants' motion for summary judgment (Docket No. 35 ) is ALLOWED and defendants' motion to strike (Docket No. 78 ) is DENIED." (Duong, Diep) (Entered: 08/22/2011)
2011-08-1982Judge Nathaniel M. Gorton: ORDER entered. JUDGMENT for the Defendants (Duong, Diep) (Entered: 08/22/2011)
2011-08-22Civil Case Terminated. (Duong, Diep) (Entered: 08/22/2011)
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