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Case TitlePRISON LEGAL NEWS v. LAPPIN
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2005cv01812
Date Filed2005-09-13
Date Closed2006-06-26
JudgeJudge Reggie B. Walton
PlaintiffPRISON LEGAL NEWS
DefendantHARLEY G. LAPPIN Director FEDERAL BUREAU OF PRISONS
AppealD.C. Circuit 13-5269
Documents
Docket
Complaint
Opinion/Order [18]
FOIA Project Annotation: Judge Reggie Walton has ruled that Prison Legal News is entitled to a public interest fee waiver for records pertaining to lawsuits and claims made against the Bureau of Prisons since 1996. BOP rejected the fee waiver request because it said PLN had failed to show how the information was in the public interest. On appeal, the Office of Information and Privacy rejected the fee waiver on the grounds that PLN had not shown how it could disseminate the information widely. OIP also relied on the rather disingenuous claim for an agency to make that much of the information was already publicly available at various courthouses. The irony of an agency making such a claim is that, when an almost identical argument is made by plaintiffs to support their claim that information is in the public domain, agencies invariably take the position that piecemeal public availability from various sources is not tantamount to being in the public domain. Walton first had to deal with the reflexive claim that the BOP was not an agency subject to FOIA. Like virtually all other judges who have considered that point in light of the specific language defining an agency in the Administrative Procedures Act, Walton rejected the claim, finding that the APA defined an agency to include a sub-component that had "substantial independent authority." Walton first concluded that the records where not "readily available to the public." He added that "the remaining documents are . . .not available in a manner which would further public understanding. . . [U]nlike documents centrally located in a reading room, the publicly available documents response to the plaintiff's request are likely dispersed throughout the more than ninety-four federal courthouses in this country. Second, in many cases covered by the PLN requests, the BOP may not be a named party, which would complicate significantly the public's ability to discover those particular cases." He noted that electronic indexing did not become operative until 2001, so that cases before that would be particularly difficult to find at a courthouse. Rejecting OIP's conclusion that PLN's website was inadequate to disseminate the information, Walton pointed out that "regardless of the viability of the PLN website as a mechanism for distributing the requested information, with 3,400 reported subscribers and an estimated readership population of 18,000, PLN has demonstrated its ability to distribute the printed journal to the public." He found the agency's reliance on Larson v. CIA, 843 F.2d 1481 (D.C. Cir. 1988), to be misplaced. He indicated that in Larson the court found the plaintiff's claim that he would share the requested records with a newspaper to be inadequate to demonstrate an ability to disseminate the information. But here, "PLN, unlike the plaintiff in Larson, is a publication in and of itself, and therefore does not have to rely on another entity to disseminate the information."
Issues: Public Interest Fee Waiver - Dissemination
Opinion/Order [61]
FOIA Project Annotation: Judge Reggie Walton has ruled that the Bureau of Prisons has not shown that a paralegal specialist in its Washington, D.C. FOIA section had the requisite personal knowledge to substantiate both the agency's search and exemption claims. The case involved a request made by Prison Legal News for information about the amount of money paid by the Bureau to settle lawsuits and claims from 1996 to 2003. Walton agreed with the agency that it was not obligated to turn over records that either were not in its possession or had been destroyed. But he noted that "the Court does not have a sufficient affidavit before it from which it can conclude that the Bureau produced all responsive records in its possession and control. Without such evidence, the Court must grant plaintiff's motion regarding the adequacy of the search. Accordingly, the Bureau must either conduct a new search of its files for the records sought by the plaintiff to ensure that the search was adequate and properly demonstrate that it has done so, or it must provide the Court with an affidavit (or affidavits) from which the Court can find that the affiant has personal knowledge that the Bureau's search procedures and the searches actually conducted were reasonably designed to locate documents responsive to the plaintiff's request." Because the agency's affidavit did not adequately describe the documents and why the claimed exemptions applied, Walton also denied the agency's summary judgment motion and remanded the case back to the agency to provide a better explanation.
Issues: Litigation - Vaughn index
Opinion/Order [83]
FOIA Project Annotation: Moving to resolve a six-year-old case, Judge Reggie Walton has ruled that the Bureau of Prisons has sufficiently explained the adequacy of the search for records pertaining to settlements of lawsuits and claims brought against the agency from 1996-2003, which were first requested by Prison Legal News in 2003. However, with the exception of Exemption 6 (invasion of privacy) as it pertained to social security numbers, Walton rejected the agency's exemption claims as currently too vague to rule on. Although the agency's search produced more than 11,000 pages, Prison Legal News alleged that the records were disorganized and incomplete, based in part on its interpretation of monthly litigation reports the agency released as part of its response. Walton indicated that the agency's most recent affidavits provided a sufficient explanation of the searches conducted. He pointed out that "many of the declarants included clarified explanations which disclose that the individual searches were commenced by relying on the Bureau's litigation reports to create lists of potentially responsive documents. . .The Court is thus satisfied that the defendant's employees commenced their searches at a logical starting point, and from there proceeded to collect all responsive documents." He noted that "this tracking of litigation not only enabled the Bureau to respond to plaintiff's FOIA request, but also shaped the agency's response, which the Court now finds was adequate and 'reasonably calculated to uncover all relevant documents.'. . Thus, the plaintiff's speculation, which stems from its possession of the monthly reports, is insufficient to rebut the Bureau's affidavits showing that its search for responsive documents was adequate." Aside from social security numbers, the agency withheld most personally-identifying information by reciting the language of Exemption 6 and Exemption 7(C) (invasion of privacy concerning law enforcement records) and applying it to categories of records. Walton explained that, while the agency properly cited the legal authority and tests to be used in applying the exemptions, "it fails to yield a description of the particular documents and the particular corresponding justifications for redacting those documents with reasonably specific detail. Moreover, what minimal description the Bureau does provide about some of the redacted information strikes the Court as the type of information that could possibly be most relevant to the reasons motivating the plaintiff's FOIA request." For instance, Walton noted, "the Court cannot determine whether the description [of all personal banking information] was applied narrowly to cover information such as account numbers, or was applied broadly resulting in the redaction of settlement amounts deposited into a claimant's account by the Bureau to settle or satisfy claims brought against it. . .Thus, because the Bureau has not sufficiently established�"in any of its filings�"that the documents comprising the five categories of documents [identified by the agency] were compiled for law enforcement purposes or provided the Court any facts from which it could balance the public and private interests at stake in regard to disclosure of the redacted information, the Court cannot categorically conclude that the defendant has properly invoked Exemption 6 or 7(C) as to the five categories listed in the first four pages of its Vaughn index."
Issues: Adequacy - Search, Exemption 6 - Invasion of privacy, Exemption 7(C) - Invasion of privacy concerning law enforcement records
Opinion/Order [120]
FOIA Project Annotation: Judge Reggie Walton has ruled that the Bureau of Prisons properly withheld personally identifying information from those records pertaining to claims filed against the agency that either did not result in a court case or did not involve a public official under Exemption 6 (invasion of privacy). In finishing up a 2005 case brought by Prison Legal News for records concerning claims brought against BOP, Walton noted that the agency had redacted personal information for claims brought under the Federal Tort Claims Act because they involved allegations of injury or death and EEOC claims that .alleged some form of discrimination. Prison Legal News argued the agency had undercut its privacy claims by providing personal information for many of the claims. But Walton pointed out that the agency had explained that it released information about administrative claims when it could be connected with claims that subsequently were filed in court. Walton observed that "the fact that the defendant did not redact names from all of the documents does not undermine its reliance on Exemption 6." Walton rejected Prison Legal News' arguments concerning the public interest in disclosure. Prison Legal News contended that there was a public interest in being able to follow up of various claims to better understand how they were handled. Walton, however, noted that "while the plaintiff's stated interest in being better able to match certain documents with certain other documents identifies a particular purpose for how the information will be used, it does not constitute a proper interest under Exemption 6." He then indicated that "the defendant here has disclosed the names of individuals who were acting in their official capacity as well as the names of individuals who were involved in public litigation. The requested information thus consists entirely of the names and other personal identifying information of individuals who were not acting in an official capacity. The plaintiff has identified no well-publicized scandal or other information, such as a public letter censuring particular employees, to serve as the public interest in disclosing the names and other identifying information."
Issues: Exemption 6 - Invasion of privacy
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2005-09-131COMPLAINT against HARLEY G. LAPPIN (Filing fee $ 250) filed by PRISON LEGAL NEWS.(td, ) (Entered: 09/15/2005)
2005-09-13SUMMONS (3) Issued as to HARLEY G. LAPPIN, U.S. Attorney and U.S. Attorney General (td, ) (Entered: 09/15/2005)
2005-09-282NOTICE of Appearance by Wyneva Johnson on behalf of HARLEY G. LAPPIN (Johnson, Wyneva) (Entered: 09/28/2005)
2005-09-283Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by HARLEY G. LAPPIN. (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 09/28/2005)
2005-09-28MINUTE ORDER granting 3 Motion for Extension of Time to Answer. The defendants shall file an answer or otherwise respond to the plaintiff's complaint by 11/21/2005. Signed by Judge Reggie B. Walton on 9/28/05. (lcrbw1, ) (Entered: 09/28/2005)
2005-11-154Unopposed MOTION for Extension of Time to File Answer or Respond by HARLEY G. LAPPIN. (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 11/15/2005)
2005-11-16MINUTE ORDER granting 4 Motion for Extension of Time to Answer. The defendant shall file an answer or otherwise respond to the plaintiff's complaint by 11/21/05. Signed by Judge Reggie B. Walton on 11/15/05. (lcrbw1, ) (Entered: 11/16/2005)
2005-11-215Unopposed MOTION for Extension of Time to File Answer or Respond by HARLEY G. LAPPIN. (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 11/21/2005)
2005-11-30MINUTE ORDER granting 5 Motion for Extension of Time. The defendant shall file an answer or otherwise respond to the plaintiff's complaint by 11/30/2005. Signed by Judge Reggie B. Walton on 11/30/05. (lcrbw1, ) (Entered: 11/30/2005)
2005-11-306MOTION for Summary Judgment by HARLEY G. LAPPIN. (Attachments: # 1 Statement of Facts # 2 Affidavit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit)(Johnson, Wyneva) (Entered: 11/30/2005)
2005-12-077Consent MOTION for Extension of Time to File Opposition to Summary Judgment by PRISON LEGAL NEWS. (Elder, Edward) (Entered: 12/07/2005)
2005-12-08MINUTE ORDER granting 7 Motion for Extension of Time. The plaintiff's opposition shall be filed by 12/23/05, and the defendant's reply shall be filed by 1/11/06. Signed by Judge Reggie B. Walton on 12/8/05. (lcrbw1, ) (Entered: 12/08/2005)
2005-12-238Second MOTION for Extension of Time to File Opposition by PRISON LEGAL NEWS. (Elder, Edward) (Entered: 12/23/2005)
2005-12-23MUNUTE ORDER granting 8 Unopposed Motion for Extend Deadline for Plaintiff's Summary Judgment Opposition. The plaintiff shall file its opposition to the defendant's motion for summary judgment by December 30, 2005. Signed by Judge Reggie B. Walton on December 23, 2005. (lcrbw3, ) (Entered: 12/23/2005)
2005-12-309Memorandum in opposition to re 6 to Defendant's motion for summary judgment and Cross Motion for summary judgment in favor of Plaintiff filed by PRISON LEGAL NEWS. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Affidavit # 8 Affidavit # 9 Affidavit # 10 Affidavit # 11 Affidavit)(Elder, Edward) (Entered: 12/30/2005)
2005-12-3015CROSS MOTION for Summary Judgment by PRISON LEGAL NEWS. (Please see Document No. 9 for scanned images). (nmw, ) (Entered: 02/01/2006)
2006-01-0310NOTICE of Separate Filing on Paper and Compact Disk of Exhibit 5 to PLN's Summary Judgment Opp. and Cross Motion for Summary Judgment by PRISON LEGAL NEWS re 9 Memorandum in Opposition, (Elder, Edward) (Entered: 01/03/2006)
2006-01-1011Unopposed MOTION for Extension of Time to File Response/Reply as to 9 Memorandum in Opposition, to Defendant's Motion for Summary Judgment and its Opposition to Plaintiff's Cross Motion for Summary Judment by HARLEY G. LAPPIN. (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 01/10/2006)
2006-01-11MINUTE ORDER granting 11 Motion for Extension of Time. The defendant's reply shall be filed by 1/25/2006. Signed by Judge Reggie B. Walton on 1/11/06. (lcrbw1, ) (Entered: 01/11/2006)
2006-01-2512MOTION for Extension of Time to File Response/Reply as to 9 Memorandum in Opposition, by HARLEY G. LAPPIN. (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 01/25/2006)
2006-01-26MINUTE ORDER granting 12 Motion for Extension of Time to File Response/Reply. The defendant's reply shall be filed by 1/31/06. Signed by Judge Reggie B. Walton on 1/26/06. (lcrbw1, ) (Entered: 01/26/2006)
2006-01-3113REPLY to opposition to motion re 6 , i.e., Defendant's Motion for Summary Judgment filed by HARLEY G. LAPPIN. (Attachments: # 1 Defendant's Opposition to Plaintiff's Statement of Material Facts Not in Dispute# 2 Text of Proposed Order)(Johnson, Wyneva) (Entered: 01/31/2006)
2006-01-3114RESPONSE to 15 Plaintiff's Cross Motion for Summary Judgment (Opposition) filed by HARLEY G. LAPPIN. (Attachments: # 1 Defendant's Opposition to Plaintiff's Statement of Material Facts Not in Dispute# 2 Text of Proposed Order)(Johnson, Wyneva) Modified on 2/1/2006 (nmw, ). (Entered: 01/31/2006)
2006-02-1016REPLY to opposition to motion re 9 Memorandum in Opposition, and Cross Motion for Summary Judgment filed by PRISON LEGAL NEWS. (Elder, Edward) (Entered: 02/10/2006)
2006-06-2617ORDER denying 6 Motion for Summary Judgment, granting 15 Motion for Summary Judgment. Signed by Judge Reggie B. Walton on 6/26/06. (lcrbw1, ) (Entered: 06/26/2006)
2006-06-2618MEMORANDUM AND OPINION. Signed by Judge Reggie B. Walton on 6/26/06. (lcrbw1, ) (Entered: 06/26/2006)
2006-07-0619Consent MOTION for Extension of Time to File Fee Petition by PRISON LEGAL NEWS. (Attachments: # 1 Text of Proposed Order)(Elder, Edward) (Entered: 07/06/2006)
2006-07-07MINUTE ORDER granting 19 Motion for Extension of Time. The plaintiff shall file a motion for attorney's fees by 8/9/06. The government shall file any opposition by 9/6/06, and any reply thereto shall be filed by 9/20/06. Signed by Judge Reggie B. Walton on 7/7/06. (lcrbw1, ) (Entered: 07/07/2006)
2006-08-0920MOTION for Attorney Fees and Costs by PRISON LEGAL NEWS. (Attachments: # 1 Memoranda in Support# 2 Appendix Accounting of Fees and Costs)(Elder, Edward) (Entered: 08/09/2006)
2006-08-1121Amended MOTION for Attorney Fees and Costs by PRISON LEGAL NEWS. (Attachments: # 1 Memoranda in Support# 2 Affidavit Of Edward J. Elder# 3 Attachment A# 4 Attachment B# 5 Attachment C# 6 Text of Proposed Order)(Elder, Edward) (Entered: 08/11/2006)
2006-08-1122ERRATA by PRISON LEGAL NEWS 21 Amended MOTION for Attorney Fees and Costs filed by PRISON LEGAL NEWS,. (Attachments: # 1 Memorandum in Support of Amended Motion for Attorney's Fees and Costs)(Elder, Edward) (Entered: 08/11/2006)
2006-08-2923RESPONSE TO ORDER OF THE COURT re 17 Order on Motion for Summary Judgment, filed by HARLEY G. LAPPIN. (Attachments: # 1 Exhibit Declaration of Wilson J. Moorer# 2 Exhibit)(Johnson, Wyneva) (Entered: 08/29/2006)
2006-09-05MINUTE ORDER. In accordance with the Court's June 26, 2006 Order, the defendant shall advise the Court by September 15, 2006, of the time that will be required to process the plaintiff's FOIA request. Signed by Judge Reggie B. Walton on 9/5/06. (lcrbw2, ) (Entered: 09/05/2006)
2006-09-0624Unopposed MOTION for Extension of Time to file its Response to plaintiff's Amended Petition for Attorney's Fees by HARLEY G. LAPPIN. (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 09/06/2006)
2006-09-0625ERRATA (RE: Document #24) by HARLEY G. LAPPIN 24 Unopposed MOTION for Extension of Time to file its Response to plaintiff's Amended Petition for Attorney's Fees filed by HARLEY G. LAPPIN,. (Attachments: # 1 Defendant's Unopposed Motion for Enlargement of Time# 2 Text of Proposed Order)(Johnson, Wyneva) (Entered: 09/06/2006)
2006-09-08ORDER granting 24 , 25 Motion for Extension of Time. The defendant shall file its response to plaintiff's amended petition for attorney's fees by September 13, 2006. Signed by Judge Reggie B. Walton on 9/8/06. (lcrbw2, ) (Entered: 09/08/2006)
2006-09-1326STIPULATION and Order Concerning Attorney's Fees and Costs by HARLEY G. LAPPIN. (Johnson, Wyneva) Additional attachment(s) added on 9/19/2006 (mpt, ). (Entered: 09/13/2006)
2006-09-1527Unopposed MOTION for Extension of Time to advise the Court of time required to process Plaintiff's FOIA request by HARLEY G. LAPPIN. (Attachments: # 1 Moorer Declaration# 2 Text of Proposed Order)(Johnson, Wyneva) (Entered: 09/15/2006)
2006-09-18MINUTE ORDER denying as moot 20 Motion for Attorney Fees, denying as moot 21 Amended Motion for Attorney Fees. Signed by Judge Reggie B. Walton on 9/18/06. (lcrbw2) (Entered: 09/18/2006)
2006-09-18MINUTE ORDER granting 27 Motion for Extension of Time. The defendant shall have up to and including September 29, 2006 to advise the Court of the time that will be required to process the plaintiff's FOIA request. Signed by Judge Reggie B. Walton on 9/18/06. (lcrbw2) (Entered: 09/18/2006)
2006-09-2828MOTION for Extension of Time to process plaintiff's FOIA request by HARLEY G. LAPPIN. (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 09/28/2006)
2006-09-29MINUTE ORDER granting 28 Motion for Extension of Time. The defendant shall advise the Court of the time that will be required to process the plaintiff's FOIA request by November 1, 2006. Signed by Judge Reggie B. Walton on 9/29/06. (lcrbw2) (Entered: 09/29/2006)
2006-11-0129Consent MOTION for Extension of Time to advise the Court of the time that will be required to process plaintiffs FOIA request by HARLEY G. LAPPIN. (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 11/01/2006)
2006-11-0230MOTION for Extension of Time to advise the Court of the time that will be required to process Plaintiff's FOIA request by HARLEY G. LAPPIN. (Attachments: # 1 Exhibit Declaration of Wilson J. Moorer# 2 Text of Proposed Order)(Johnson, Wyneva) (Entered: 11/02/2006)
2006-11-09MINUTE ORDER denying as moot 29 Motion for Extension of Time. Signed by Judge Reggie B. Walton on 11/09/06. (lcrbw2) (Entered: 11/09/2006)
2006-11-09MINUTE ORDER granting 30 Motion for Extension of Time. The defendant shall advise the Court of the time that will be required to process the plaintiff's FOIA request by December 1, 2006. Signed by Judge Reggie B. Walton on 11/9/06. (lcrbw2) (Entered: 11/09/2006)
2006-12-0131MOTION for Extension of Time to advise the Court of the time that will be required to process plaintiff's FOIA request by HARLEY G. LAPPIN. (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 12/01/2006)
2006-12-07MINUTE ORDER granting 31 Motion for Extension of Time. The defendant shall advise the Court of the time that will be required to process the plaintiff's FOIA request by January 12, 2007. Signed by Judge Reggie B. Walton on 12/7/06. (lcrbw2) (Entered: 12/07/2006)
2007-01-1232MOTION for Extension of Time to to advise the Court of the time that will be required to process plaintiff's FOIA request by HARLEY G. LAPPIN. (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 01/12/2007)
2007-01-1633NOTICE of Appearance by James R. Klimaski on behalf of PRISON LEGAL NEWS (Klimaski, James) (Entered: 01/16/2007)
2007-01-17MINUTE ORDER granting 32 Motion for Extension of Time. The defendant shall advise the Court of the time that will be required to process the plaintiff's FOIA request by February 12, 2007. Signed by Judge Reggie B. Walton on 1/17/07. (lcrbw2) (Entered: 01/17/2007)
2007-02-0934Unopposed MOTION for Extension of Time to process plaintiff's FOIA request by HARLEY G. LAPPIN. (Attachments: # 1 Affidavit Declaration of Wilson J. Moorer# 2 Text of Proposed Order)(Johnson, Wyneva) (Entered: 02/09/2007)
2007-02-15MINUTE ORDER granting 34 Motion for Extension of Time. The defendant shall process the plaintiff's FOIA request by March 20, 2007. Signed by Judge Reggie B. Walton on 2/15/07. (lcrbw2) (Entered: 02/15/2007)
2007-02-15Set/Reset Deadlines: Plaintiff's FOIA request due by 3/20/2007 (mpt, ) (Entered: 02/15/2007)
2007-03-3035MOTION for Extension of Time to Respond to Court Order by HARLEY G. LAPPIN (Attachments: # 1 Affidavit Declaration of Wilson J. Moorer# 2 Text of Proposed Order)(Johnson, Wyneva) (Entered: 03/30/2007)
2007-04-09MINUTE ORDER granting 35 Motion for Extension of Time. The defendant shall process the plaintiff's FOIA request by April 30, 2007. Signed by Judge Reggie B. Walton on 4/9/07. (lcrbw2) (Entered: 04/09/2007)
2007-05-0836Unopposed MOTION for Extension of Time to by HARLEY G. LAPPIN (Attachments: # 1 Text of Proposed Order # 2 Exhibit Letter)(Johnson, Wyneva) (Entered: 05/08/2007)
2007-05-08MINUTE ORDER granting 36 Motion for Extension of Time. The defendant shall process the plaintiff's FOIA request by June 8, 2007. Signed by Judge Reggie B. Walton on 5/8/07. (lcrbw2) (Entered: 05/08/2007)
2007-05-09Set/Reset Deadlines: Defendant shall process the plaintiff's FOIA request by 6/8/2007 (mpt, ) (Entered: 05/09/2007)
2007-06-1237Unopposed MOTION for Extension of Time to by HARLEY G. LAPPIN (Attachments: # 1 Exhibit Letter# 2 Affidavit Declaration of Wilson Moore# 3 Text of Proposed Order)(Johnson, Wyneva) (Entered: 06/12/2007)
2007-06-13MINUTE ORDER granting 37 Motion for Extension of Time. The defendant shall respond to the plaintiff's FOIA request by July 27, 2007. Signed by Judge Reggie B. Walton on 6/13/07. (lcrbw2) (Entered: 06/13/2007)
2007-06-14Set/Reset Deadlines: Respond to plaintiff's FOIA request due by 7/27/2007 (mpt, ) (Entered: 06/14/2007)
2007-08-3038MOTION for Extension of Time to File Response/Reply by HARLEY G. LAPPIN (Attachments: # 1 Declaration # 2 Exhibit A# 3 Exhibit B# 4 Text of Proposed Order)(Johnson, Wyneva) (Entered: 08/30/2007)
2007-08-3039ERRATA by HARLEY G. LAPPIN 38 MOTION for Extension of Time to File Response/Reply filed by HARLEY G. LAPPIN. (Attachments: # 1 Errata Motion for Enlargement of Time)(Johnson, Wyneva) (Entered: 08/30/2007)
2007-09-1240NOTICE of Change of Address by James R. Klimaski (Klimaski, James) (Entered: 09/12/2007)
2007-09-1241Memorandum in opposition to re 38 MOTION for Extension of Time to File Response/Reply further delaying overdue FOIA releases ordered by the Court in June of 2006 filed by PRISON LEGAL NEWS. (Attachments: # 1 Klimaski Letter to AUSA W. Johnson# 2 Example of improper FOIA redactions# 3 Another example# 4 And another of many...)(Klimaski, James) (Entered: 09/12/2007)
2007-09-2442REPLY to opposition to motion re 38 MOTION for Extension of Time to File Response/Reply filed by HARLEY G. LAPPIN. (Attachments: # 1 Exhibit A -- Declaration of Wilson J. Moorer# 2 Exhibit B)(Johnson, Wyneva) (Entered: 09/24/2007)
2007-09-2543NOTICE of Filing of Signed Declaration of Wilson J. Moorer and Substitution of Exhibit A by HARLEY G. LAPPIN re 42 Reply to opposition to Motion (Attachments: # 1 Affidavit Declaration of Wilson J. Moorer with Exhibit A)(Johnson, Wyneva) (Entered: 09/25/2007)
2007-10-01MINUTE ORDER granting 38 Motion for Extension of Time to File Response/Reply. The defendant shall respond to the plaintiff's FOIA request by November 2, 2007. The parties shall file a briefing schedule by November 9, 2007. Signed by Judge Reggie B. Walton on 10/1/07. (lcrbw2) (Entered: 10/01/2007)
2007-10-01Set/Reset Deadlines: Briefing schedule due by 11/9/2007.,Responses to plaintiff's FOIA request due by 11/2/2007 (mpt, ) (Entered: 10/01/2007)
2007-10-0344NOTICE of Appearance by Edward J. Elder on behalf of PRISON LEGAL NEWS (Elder, Edward) (Entered: 10/03/2007)
2007-11-0945STATUS REPORT Submitting Joint Briefing Schedule by PRISON LEGAL NEWS. (Elder, Edward) (Entered: 11/09/2007)
2008-01-1846Consent MOTION for Extension of Time to File Briefs by PRISON LEGAL NEWS (Attachments: # 1 Text of Proposed Order)(Elder, Edward) (Entered: 01/18/2008)
2008-01-31MINUTE ORDER granting 46 Motion for Extension of Time to File. The plaintiff shall file its dispositive motion by February 8, 2008, the defendant shall file an opposition and cross motion by March 21, 2008, the plaintiff shall file its reply and opposition by April 11, 2008, and the defendant shall file its reply by May 2, 2008. Signed by Judge Reggie B. Walton on 1/31/08. (lcrbw2) (Entered: 01/31/2008)
2008-01-31Set/Reset Deadlines: Dispositive Motions due by 2/8/2008. Opposition and Cross Motion due by 3/21/2008; reply and opposition due by 4/11/08; any replies due by 5/2/2008. (mpt, ) (Entered: 01/31/2008)
2008-02-0847Consent MOTION to Amend/Correct Briefing Schedule by PRISON LEGAL NEWS (Attachments: # 1 Text of Proposed Order)(Elder, Edward) (Entered: 02/08/2008)
2008-02-12MINUTE ORDER granting 47 Motion to Amend/Correct. The plaintiff shall file its dispositive motion by February 29, 2008, the defendant shall file an opposition and cross motion by April 11, 2008, the plaintiff shall file its reply and opposition by May 2, 2008, and the defendant shall file its reply by May 23, 2008. Signed by Judge Reggie B. Walton on 2/12/08. (lcrbw2) (Entered: 02/12/2008)
2008-02-12Set/Reset Deadlines: Dispositive Motions due by 2/29/2008. Opposition to Dispositive Motions and Cross Motion due by 4/11/2008. Plaintiff's Reply and Opposition due by 5/2/2008, and defendant's reply by 5/23/08. (mpt, ) (Entered: 02/12/2008)
2008-02-2948Consent MOTION to Amend/Correct Briefing Schedule by PRISON LEGAL NEWS (Attachments: # 1 Text of Proposed Order)(Elder, Edward) (Entered: 02/29/2008)
2008-03-12MINUTE ORDER granting 48 Motion to Amend/Correct. The plaintiff shall file its dispositive motion by March 28, 2008, the defendant shall file an opposition and cross motion by May 9, 2008, the plaintiff shall file its reply and opposition by May 30, 2008, and the defendant shall file its reply by June 20, 2008. Signed by Judge Reggie B. Walton on 3/12/08. (lcrbw2) (Entered: 03/12/2008)
2008-03-12Set/Reset Deadlines: Dispositive Motions due by 3/28/2008; Opposition and cross motion due by 5/9/2008; Reply and opposition by 5/30/2008; reply due by 6/20/08; (mpt, ) (Entered: 03/12/2008)
2008-03-2849MOTION for Judgment by PRISON LEGAL NEWS (Attachments: # 1 Memoranda, # 2 Text of Proposed Order, # 3 Exhibit 1-1, # 4 Exhibit 1-2, # 5 Exhibit 1-3, # 6 Exhibit 1-4, # 7 Exhibit 2-1, # 8 Exhibit 2-2, # 9 Exhibit 2-3, # 10 Exhibit 2-4, # 11 Exhibit 3-1, # 12 Exhibit 3-2, # 13 Exhibit 3-3, # 14 Exhibit 3-4, # 15 Exhibit 3-5, # 16 Exhibit 4-1, # 17 Exhibit 4-2, # 18 Exhibit 4-3, # 19 Exhibit 4-4, # 20 Exhibit 5-1, # 21 Exhibit 5-2, # 22 Exhibit 5-3, # 23 Exhibit 5-4, # 24 Exhibit 5-5, # 25 Exhibit 6-1, # 26 Exhibit 6-2, # 27 Exhibit 6-3)(Elder, Edward) (Entered: 03/29/2008)
2008-05-0650Consent MOTION to Amend/Correct Order on Motion to Amend/Correct, Set/Reset Deadlines by HARLEY G. LAPPIN (Attachments: # 1 Text of Proposed Order Order)(Johnson, Wyneva) (Entered: 05/06/2008)
2008-06-0551MOTION to Amend/Correct Briefing Schedule by HARLEY G. LAPPIN (Attachments: # 1 Text of Proposed Order Order)(Johnson, Wyneva) (Entered: 06/05/2008)
2008-06-2652Consent MOTION for Extension of Time to Amend Briefing Schedule by HARLEY G. LAPPIN (Attachments: # 1 Text of Proposed Order Order)(Johnson, Wyneva) (Entered: 06/26/2008)
2008-07-1453Cross MOTION for Summary Judgment by HARLEY G. LAPPIN (Attachments: # 1 Affidavit Wilson Moorer Declaration, # 2 Text of Proposed Order Order)(Johnson, Wyneva) (Entered: 07/14/2008)
2008-07-1454Memorandum in opposition to re 49 MOTION for Judgment filed by HARLEY G. LAPPIN. (Attachments: # 1 Affidavit Wilson Moorer Declaration, # 2 Text of Proposed Order Order)(Johnson, Wyneva) (Entered: 07/14/2008)
2008-07-24ORDER denying as moot 50 Motion to Amend/Correct; denying as moot 51 Motion to Amend/Correct; granting 52 Motion for Extension of Time to Amend. the defendant has filed its opposition and cross motion for summary judgment on July 14, 2008. The plaintiff shall file its reply and opposition by August 4, 2008. The defendant shall file its reply brief by August 25, 2008. Signed by Judge Reggie B. Walton on 7/24/08. (lcrbw2) (Entered: 07/24/2008)
2008-07-25Set/Reset Deadlines: Reply and Opposition due by 8/4/2008; Reply Brief due by 8/25/2008. (mpt, ) (Entered: 07/25/2008)
2008-08-0355Consent MOTION to Amend/Correct Briefing Schedule by PRISON LEGAL NEWS (Attachments: # 1 Text of Proposed Order to Amend Briefing Schedule)(Elder, Edward) (Entered: 08/03/2008)
2008-08-2556Consent MOTION to Amend/Correct Briefing Schedule by PRISON LEGAL NEWS (Attachments: # 1 Text of Proposed Order)(Elder, Edward) (Entered: 08/25/2008)
2008-09-02MINUTE ORDER denying as moot 55 Motion to Amend/Correct the Briefing Schedule; granting 56 Motion to Amend/Correct the Briefing Schedule. The plaintiff shall file a reply to the defendant's opposition to the plaintiff's motion for summary judgment and an opposition to the defendant's cross motion for summary judgment by September 8, 2008. The defendant shall file a reply to the plaintiff's opposition to the defendant's cross motion for summary judgment by September 29, 2008. Signed by Judge Reggie B. Walton on 9/2/08. (lcrbw2) (Entered: 09/02/2008)
2008-09-02Set/Reset Deadlines/Hearings: The plaintiff shall file a reply to the defendant's opposition to the plaintiff's motion for summary judgment and an opposition to the defendant's cross motion for summary judgment by September 8, 2008. The defendant shall file a reply to the plaintiff's opposition to the defendant's cross motion for summary judgment by September 29, 2008. (jwd) (Entered: 09/02/2008)
2008-09-0857Memorandum in opposition to re 53 Cross MOTION for Summary Judgment filed by PRISON LEGAL NEWS. (Attachments: # 1 Statement of Facts in opposition to Defendentant's Statement of Facts, # 2 Text of Proposed Order, # 3 Exhibit One, # 4 Exhibit Two, # 5 Exhibit Three, # 6 Exhibit Four, # 7 Exhibit Five, # 8 Exhibit Six)(Elder, Edward) (Entered: 09/08/2008)
2008-09-2558Consent MOTION for Extension of Time to File Response/Reply as to 53 Cross MOTION for Summary Judgment by HARLEY G. LAPPIN (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 09/25/2008)
2008-09-29MINUTE ORDER granting 58 Motion for Extension of Time to File Response/Reply. The defendant shall file his reply to the plaintiff's opposition to the defendant's cross motion for summary judgment by October 31, 2008. Signed by Judge Reggie B. Walton on 09/29/08. (lcrbw2) (Entered: 09/29/2008)
2008-09-29Set/Reset Deadlines: Reply to plaintiff's opposition to cross motion for summary judgment due by 10/31/2008. (mpt, ) (Entered: 09/29/2008)
2008-10-2959MOTION for Extension of Time to File Response/Reply Plaintiff's Opposition by HARLEY G. LAPPIN (Attachments: # 1 Text of Proposed Order Order)(Johnson, Wyneva) (Entered: 10/29/2008)
2008-10-30MINUTE ORDER granting 59 Motion for Extension of Time to File Response/Reply. The defendant shall file his reply to the plaintiff's opposition to the defendant's cross motion for summary judgment by November 14, 2008. Signed by Judge Reggie B. Walton on 10/30/08. (lcrbw2) (Entered: 10/30/2008)
2008-10-30Set/Reset Deadlines: Reply to plaintiff's opposition to the defendant's cross motion for summary judgment due by 11/14/2008. (mpt, ) (Entered: 10/30/2008)
2009-03-2660ORDER granting 49 Motion for Judgment; denying without prejudice 53 Motion for Summary Judgment. The plaintiff's motion for summary judgment is granted. The defendant's motion for summary judgment is denied without prejudice. The Bureau must either conduct anew its searches for the records sought by the plaintiff or submit an affidavit or alternative submission that adequately demonstrates consistent with the accompanying opinion that the Bureau employed search methods reasonably likely to lead to the discovery of records responsive to the plaintiff's request and that the responsive documents and parts of documents not produced to the plaintiff have properly been withheld under the FOIA exemptions claimed by the Bureau. The parties shall submit a joint scheduling order proposing how they wish to resolve this case within thirty days of the issuance of this Order. Signed by Judge Reggie B. Walton on 03/26/09. (lcrbw2) (Entered: 03/26/2009)
2009-03-2661MEMORANDUM AND OPINION. An Order consistent with the Courts ruling 60 accompanies this Memorandum Opinion. Signed by Judge Reggie B. Walton on 03/26/09. (lcrbw2) (Entered: 03/26/2009)
2009-04-0862MOTION for Reconsideration re 61 Memorandum & Opinion, 60 Order on Motion for Judgment,,,, Order on Motion for Summary Judgment,,, by HARLEY G. LAPPIN (Attachments: # 1 Memorandum in Support Reply Memorandum, # 2 Statement of Facts Supplemental Statement of Facts, # 3 Affidavit Moorer Declaration, # 4 Affidavit Blow Declaration, # 5 Affidavit Cassillas Declaration, # 6 Affidavit Fornshill Declaration, # 7 Affidavit Lawler Declaration, # 8 Affidavit Osborn Declaration, # 9 Affidavit Petricka Declaration, # 10 Affidavit Sankey Declaration, # 11 Affidavit Summers Declaration, # 12 Affidavit Tuft Declaration, # 13 Affidavit White Declaration, # 14 Affidavit Williams Declaration, # 15 Affidavit Tafelski Declaration, # 16 Text of Proposed Order Proposed Order)(Johnson, Wyneva) (Entered: 04/08/2009)
2009-04-1463NOTICE OF WITHDRAWAL OF APPEARANCE as to PRISON LEGAL NEWS. Attorney James R. Klimaski and Lynn Ilene Miller terminated. (Klimaski, James) (Entered: 04/14/2009)
2009-04-1664NOTICE of Appearance by Carl L. Messineo on behalf of PRISON LEGAL NEWS (Messineo, Carl) (Entered: 04/16/2009)
2009-04-1665NOTICE of Appearance by Mara E. Verheyden-Hilliard on behalf of PRISON LEGAL NEWS (Verheyden-Hilliard, Mara) (Entered: 04/16/2009)
2009-04-1666NOTICE of Appearance by Radhika M.S. Miller on behalf of PRISON LEGAL NEWS (Miller, Radhika) (Entered: 04/16/2009)
2009-04-2167Memorandum in opposition to re 62 MOTION for Reconsideration re 61 Memorandum & Opinion, 60 Order on Motion for Judgment,,,, Order on Motion for Summary Judgment,,, MOTION for Reconsideration re 61 Memorandum & Opinion, 60 Order on Motion for Judgment,,,, Order on Motion for Summary Judgment,,, MOTION for Reconsideration re 61 Memorandum & Opinion, 60 Order on Motion for Judgment,,,, Order on Motion for Summary Judgment,,, MOTION for Reconsideration re 61 Memorandum & Opinion, 60 Order on Motion for Judgment,,,, Order on Motion for Summary Judgment,,, filed by PRISON LEGAL NEWS. (Attachments: # 1 Text of Proposed Order, # 2 Text of Proposed Order Alternative Proposed Order)(Messineo, Carl) (Entered: 04/21/2009)
2010-02-2568ORDER denying without prejudice 62 Motion for Reconsideration. For the reasons set forth in this order, the motion for reconsideration is denied without prejudice. Signed by Judge Reggie B. Walton on 02/25/10. (lcrbw2) (Entered: 02/25/2010)
2010-03-0469Consent MOTION for Extension of Time to RESPOND TO THE COURTS FEBRUARY 25, 2010 ORDER by HARLEY G. LAPPIN (Johnson, Wyneva) (Entered: 03/04/2010)
2010-03-04MINUTE ORDER granting 69 Motion for Extension of Time. Upon consideration of Defendant's Consent Motion for Enlargement of Time to Respond to the Court's February 25, 2010 Order, and for good cause shown, it is hereby 4th day of March, 2010, ORDERED that Defendant's motion is GRANTED; and it is FURTHER ORDERED that Defendant may have up to and including March 17, 2010, to respond to the Court's February 25, 2010 Order. Signed by Judge Reggie B. Walton on 03/04/10. (lcrbw2) (Entered: 03/04/2010)
2010-03-05Set/Reset Deadlines: Response to Court's February 25, 2010 Order due by 3/17/2010 (mpt, ) (Entered: 03/05/2010)
2010-03-1770MOTION for Extension of Time to RESPOND TO THE COURT'S FEBRUARY 25, 2010 ORDER by HARLEY G. LAPPIN (Johnson, Wyneva) (Entered: 03/17/2010)
2010-04-01MINUTE ORDER granting 70 Motion for Extension of Time. Upon the Court's review of the defendant's motion for an enlargement of time to respond to the Court's February 25, 2010, which the defendant stated was opposed by the plaintiff, but to which the plaintiff never filed an opposition, the Court finds that good cause exists to grant the motion. The defendant shall have until May 17, 2010, to respond to the Court's February 25, 2010 Order. The defendant shall file any motion for summary judgment that it intends to file by June 1, 2010. Signed by Judge Reggie B. Walton on 04/01/10. (lcrbw2) (Entered: 04/01/2010)
2010-04-01Set/Reset Deadlines: Respond to February 25, 2010 Order due by 5/17/2010; Summary Judgment motions due by 6/1/2010. (mpt, ) (Entered: 04/01/2010)
2010-05-1771RESPONSE TO ORDER OF THE COURT re 68 Order on Motion for Reconsideration filed by HARLEY G. LAPPIN. (Attachments: # 1 Declaration Supplemental Declaration of Wilson J. Moorer, # 2 Exhibit Vaughn Index, # 3 Declaration Declaration of Kimberly Blow, # 4 Declaration Declaration of Docia M. Casillas, # 5 Declaration Declaration of Renee Brinker Fornshill, # 6 Declaration Declaration of Christine M. Greene, # 7 Declaration Declaration of Cynthia Lawler, # 8 Declaration Declaration of Vickie Petricka, # 9 Declaration Declaration of Alecia S. Sillah, # 10 Declaration Declaration of Karen Summers, # 11 Declaration Declaration of Michael D. Tafelski, # 12 Declaration Declaration of Leeann Tufte, # 13 Declaration Declaration of Kathleen White, # 14 Declaration Declaration of Deidre J. Williams)(Johnson, Wyneva) (Entered: 05/17/2010)
2010-05-2072NOTICE of Filing of Corrected Declaration of Alecia S. Sillah by HARLEY G. LAPPIN re 71 Response to Order of the Court,,, (Attachments: # 1 Declaration Corrected Declaration of Alecia S. Sillah)(Johnson, Wyneva) (Entered: 05/20/2010)
2010-06-0173Cross MOTION for Summary Judgment and Memorandum in Support by HARLEY G. LAPPIN (Attachments: # 1 Statement of Facts Second Supplemental Statement of Material Facts, # 2 Declaration May 28, 2010 Supplemental Moorer Declaration, # 3 Declaration May 14, 2010 Supplemental Moorer Declaration, # 4 Exhibit Vaughn Index, # 5 Declaration Karen Blow Declaration, # 6 Declaration Rene Brinker-Fornshill Declaration, # 7 Declaration Kathleen White Declaration, # 8 Declaration Deidre J. Williams Declaration, # 9 Declaration Cynthia Lawler Declaration, # 10 Declaration Docia M. Casillas Declaration, # 11 Declaration LeeAnn Tufte Declaration, # 12 Declaration Michael D. Tafelski Declaration, # 13 Declaration Alecia S. Sillah Declaration, # 14 Declaration Karen Summers Declaration, # 15 Declaration Christine M. Greene Declaration, # 16 Declaration Vickie Petricka Declaration)(Johnson, Wyneva) (Entered: 06/01/2010)
2010-06-1674Consent MOTION for Extension of Time to File Response/Reply as to 73 Cross MOTION for Summary Judgment and Memorandum in Support by PRISON LEGAL NEWS (Attachments: # 1 Text of Proposed Order Granting Extension)(Elder, Edward) (Entered: 06/16/2010)
2010-06-1675Consent MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Adam K Cook, :Firm- Human Rights Defense Center, :Address- 1037 Western Avenue, Brattleboro, VT, 05303. Phone No. - 802-257-1342. Fax No. - 866-735-7136 by PRISON LEGAL NEWS (Attachments: # 1 Text of Proposed Order Granting Motion)(Elder, Edward) (Entered: 06/16/2010)
2010-06-16MINUTE ORDER granting 75 Motion for Leave to Appear Pro Hac Vice. Upon consideration of the Motion to Appear Pro Hac Vice, and the accompanying Declaration of Adam Cook, constituting Adam K. Cook's Application for Admission Pro Hac Vice, it is this 16th day of June, 2010, hereby ORDERED that the motion is GRANTED; and it is further ORDERED that Adam K. Cook may appear before this Court pro hac vice as counsel for the Plaintiff in the above-captioned matter. Signed by Judge Reggie B. Walton on 06/16/10. (lcrbw2) (Entered: 06/16/2010)
2010-06-16MINUTE ORDER granting 74 Motion for Extension of Time to File Response/Reply. Upon consideration of the Plaintiff's Consent Motion to Enlarge, it is hereby: ORDERED that the motion is GRANTED; Plaintiff's reply to the Defendant's Renewed Cross Motion for Summary Judgment is due on August 2nd, 2010 and it is further; ORDERED that the Defendant's reply date the Plaintiff's filing is due on August 27th, 2010. Signed by Judge Reggie B. Walton on 06/16/10. (lcrbw2) (Entered: 06/16/2010)
2010-06-17Set/Reset Deadlines: Plaintiff's to the Defendant's Cross Motion for Summary Judgment is due by 8/2/2010. Defendant's Reply to the Plaintiff's filing is due by 8/27/2010. (tg, ) (Entered: 06/17/2010)
2010-06-1776NOTICE of filing of Supplement by PRISON LEGAL NEWS (Attachments: # 1 Declaration Of Adam K Cook)(Elder, Edward) (Entered: 06/17/2010)
2010-06-2377NOTICE OF WITHDRAWAL OF APPEARANCE as to PRISON LEGAL NEWS. Attorney Mara E. Verheyden-Hilliard; Carl L. Messineo and Radhika M.S. Miller terminated. (Messineo, Carl) (Entered: 06/23/2010)
2010-08-0278Memorandum in opposition to re 73 Cross MOTION for Summary Judgment and Memorandum in Support of Summary Jugment filed by PRISON LEGAL NEWS. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Exhibit 1, # 3 Declaration of Paul Wright, Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6 Exhibit Exhibit 5, # 7 Exhibit 6)(Elder, Edward) (Entered: 08/02/2010)
2010-08-2779Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiff's Opposition to Defendant's Renewed Cross-Motion for Summary Judgment by HARLEY G. LAPPIN (Johnson, Wyneva) (Entered: 08/27/2010)
2010-09-0180REPLY to opposition to motion re 73 Cross MOTION for Summary Judgment and Memorandum in Support (Defendant's Reply to Plaintiff's Opposition to Defendant's Renewed Cross-motion for Summary Judgment and Plaintiff's Renewed Motion for Summary Judgment) filed by HARLEY G. LAPPIN. (Attachments: # 1 Affidavit Supplemental Declaration of Wilson J. Moorer (5-14-10 with Vaughn Index), # 2 Affidavit Supplemental Declaration of Wilson J. Moorer (5-28-10), # 3 Affidavit Third Supplemental Declaration of Wilson J. Moorer (9-1-10))(Johnson, Wyneva) (Entered: 09/01/2010)
2010-10-1181RESPONSE To Defendant's Reply filed by PRISON LEGAL NEWS. (Attachments: # 1 Exhibit Exhibit 2, # 2 Exhibit Exhibit 3, # 3 Exhibit Exhibit 4)(Elder, Edward) (Entered: 10/11/2010)
2011-02-2582ORDER granting in part and denying in part 73 Defendant's Motion for Summary Judgment; finding as moot 79 Motion for Extension of Time to File Response/Reply. As explained in the attached Order and in the Memorandum Opinion of this same date, it is hereby ORDERED that the plaintiff's motion for summary judgment is GRANTED IN PART AND DENIED IN PART. It is further ORDERED that the defendant's motion for summary judgment is GRANTED IN PART AND DENIED IN PART. It is further ORDERED that the Bureau shall, within 90 days of the issuance of this Order, submit a new or supplemental Vaughn index meeting the specifications set forth in the Memorandum Opinion issued by the Court on this same date. It is further ORDERED that the plaintiff, should it continue to object to the defendant's reliance on FOIA exemptions to withhold or redact records responsive to its FOIA request after receiving the updated Vaughn index, shall move for summary judgment within 45 days of the filing of the new or supplemental Vaughn index. It is further ORDERED that the defendant shall file its opposition and cross-motion for summary judgment no later than 30 days after the filing of the plaintiff's motion. It is further ORDERED that the plaintiff shall file its opposition to the defendant's cross-motion for summary judgment no later than fifteen days after that motion is filed. Signed by Judge Reggie B. Walton on 2/25/2011. (lcrbw2) (Entered: 02/25/2011)
2011-02-2583MEMORANDUM AND OPINION. This Memorandum Opinion accompanies the Order of this same date. Signed by Judge Reggie B. Walton on 2/25/2011. (lcrbw2) (Entered: 02/25/2011)
2011-04-2984Consent MOTION for Leave to File Excess Pages for Defendant's Response to the February 25, 2011 Court Order by HARLEY G. LAPPIN (Johnson, Wyneva) (Entered: 04/29/2011)
2011-05-2685RESPONSE TO ORDER OF THE COURT re 82 Order on Motion for Summary Judgment, Order on Motion for Extension of Time to File Response/Reply,,,,,,,,,, filed by HARLEY G. LAPPIN. (Attachments: # 1 Affidavit Fourth Supplemental Declaration of Wilson J. Moorer)(Johnson, Wyneva) (Entered: 05/26/2011)
2011-05-2686Supplemental Notice of Vaughn Index from defendant. (See Docket Entry 85 to view document). (td, ) Modified on 5/31/2011 (znmw, ). (Entered: 05/27/2011)
2011-05-3187ORDER denying 84 Motion for Leave to File Excess Pages. As explained in the attached Order, the page limitations imposed by Local Civil Rule 7(e) do not apply, and it is hereby ORDERED that the defendant's motion is DENIED AS MOOT. Signed by Judge Reggie B. Walton on 5/31/2011. (lcrbw2) (Entered: 05/31/2011)
2011-07-0888NOTICE OF SUBSTITUTION OF COUNSEL by Edward J. Elder on behalf of PRISON LEGAL NEWS Substituting for attorney Adam K Cook (Elder, Edward) (Entered: 07/08/2011)
2011-07-1089MOTION for Extension of Time to File Motion for Summary Judgement by PRISON LEGAL NEWS (Attachments: # 1 Text of Proposed Order)(Elder, Edward) (Entered: 07/10/2011)
2011-07-11MINUTE ORDER granting 89 Motion for Extension of Time to File. In light of the parties' consent, and for good cause shown, the motion is GRANTED. It is hereby ORDERED that the plaintiff shall file its motion on or before July 25, 2011, and that the defendant shall file its opposition and cross-motion on or before August 24, 2011. Signed by Judge Reggie B. Walton on 7/11/2011. (lcrbw2) (Entered: 07/11/2011)
2011-07-11NOTICE OF ERROR re 88 Substitution of Counsel; emailed to edelder@mindspring.com, cc'd 5 associated attorneys -- The PDF file you docketed contained errors: 1. Need a Motion for leave to appear Pro Hac Vice for Lance Weber (td, ) (Entered: 07/11/2011)
2011-07-11Set/Reset Deadlines: Motions due by 7/25/2011; Opposition/Cross Motion due by 8/24/2011. (mpt, ) (Entered: 07/11/2011)
2011-07-1490Consent MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Lance Weber, :Firm- Human Rights Defense Center, :Address- 1037 Western Avenue, West Brattleboro, VT 05303. Phone No. - (802) 257-1342. Fax No. - (866) 735-7136 by PRISON LEGAL NEWS (Attachments: # 1 Declaration of Lance Weber, # 2 Text of Proposed Order)(Elder, Edward) (Entered: 07/14/2011)
2011-07-19MINUTE ORDER granting 90 Motion for Leave to Appear Pro Hac Vice. Upon consideration of the motion and its satisfaction of LCvR 83.2(d), and finding good cause to grant the relief requested, the motion is granted. Lance T. Weber shall be admitted pro hac vice to appear and be heard in this case. Signed by Judge Reggie B. Walton on 7/19/2011. (lcrbw2) (Entered: 07/19/2011)
2011-07-2591Consent MOTION for Extension of Time to File Summary Judgment by PRISON LEGAL NEWS (Attachments: # 1 Text of Proposed Order)(Elder, Edward); Modified on 7/26/2011 to add linkage to exhibits 1-102 (td, ). (Entered: 07/25/2011)
2011-07-2592NOTICE OF SUBSTITUTION OF COUNSEL by Edward J. Elder on behalf of PRISON LEGAL NEWS Substituting for attorney Lance Weber (Elder, Edward) (Entered: 07/25/2011)
2011-07-2593MOTION for Summary Judgment by PRISON LEGAL NEWS (Attachments: # 1 Declaration of Paul Wright, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5)(Elder, Edward) (Entered: 07/25/2011)
2011-07-2594Exhibits 6-8 to MOTION for Summary Judgment 93 by PRISON LEGAL NEWS (Attachments: # 1 Exhibit 7, # 2 Exhibit 8)(Elder, Edward) Modified on 7/26/2011 (td, ). (Entered: 07/25/2011)
2011-07-2595Exhibits 9-28 to MOTION for Summary Judgment 93 by PRISON LEGAL NEWS (Attachments: # 1 Exhibit 10, # 2 Exhibit 11, # 3 Exhibit 12, # 4 Exhibit 13, # 5 Exhibit 14, # 6 Exhibit 15, # 7 Exhibit 16, # 8 Exhibit 17, # 9 Exhibit 18, # 10 Exhibit 19, # 11 Exhibit 20, # 12 Exhibit 21, # 13 Exhibit 22, # 14 Exhibit 23, # 15 Exhibit 24, # 16 Exhibit 25, # 17 Exhibit 26, # 18 Exhibit 27, # 19 Exhibit 28)(Elder, Edward) Modified on 7/26/2011 (td, ). (Entered: 07/25/2011)
2011-07-2596Exhibits 29-31 to MOTION for Summary Judgment 93 by PRISON LEGAL NEWS (Attachments: # 1 Exhibit 30, # 2 Exhibit 31)(Elder, Edward) Modified on 7/26/2011 (td, ). (Entered: 07/25/2011)
2011-07-2597Exhibits 32-35 to MOTION for Summary Judgment 93 by PRISON LEGAL NEWS (Attachments: # 1 Exhibit 33, # 2 Exhibit 34, # 3 Exhibit 35)(Elder, Edward) Modified on 7/26/2011 (td, ). (Entered: 07/25/2011)
2011-07-2598Exhibit 36 MOTION for Summary Judgment 93 by PRISON LEGAL NEWS (Elder, Edward) Modified on 7/26/2011 (td, ). (Entered: 07/25/2011)
2011-07-2699Proposed Order, Statement of Fact, Memo in Support and Exhibits 37-45 MOTION for Summary Judgment 93 Text of Proposed Order by PRISON LEGAL NEWS (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit 37, # 4 Exhibit 38, # 5 Exhibit 39, # 6 Exhibit 40, # 7 Exhibit 41, # 8 Exhibit 42, # 9 Exhibit 43, # 10 Exhibit 44, # 11 Exhibit 45)(Elder, Edward) Modified on 7/26/2011 (td, ). (Entered: 07/26/2011)
2011-07-26100Exhibits 46-55 MOTION for Summary Judgment 93 by PRISON LEGAL NEWS (Attachments: # 1 Exhibit 47, # 2 Exhibit 48, # 3 Exhibit 49, # 4 Exhibit 50, # 5 Exhibit 51, # 6 Exhibit 52, # 7 Exhibit 53, # 8 Exhibit 54, # 9 Exhibit 55)(Elder, Edward) Modified on 7/26/2011 (td, ). (Entered: 07/26/2011)
2011-07-26101Exhibits 56-70 MOTION for Summary Judgment 93 by PRISON LEGAL NEWS (Attachments: # 1 Exhibit 57, # 2 Exhibit 58, # 3 Exhibit 59, # 4 Exhibit 60, # 5 Exhibit 61, # 6 Exhibit 62, # 7 Exhibit 63, # 8 Exhibit 64, # 9 Exhibit 65, # 10 Exhibit 66, # 11 Exhibit 67, # 12 Exhibit 68, # 13 Exhibit 69, # 14 Exhibit 70)(Elder, Edward) Modified on 7/26/2011 (td, ). (Entered: 07/26/2011)
2011-07-26102Exhibits 71-85 MOTION for Summary Judgment 93 by PRISON LEGAL NEWS (Attachments: # 1 Exhibit 72, # 2 Exhibit 73, # 3 Exhibit 74, # 4 Exhibit 75, # 5 Exhibit 76, # 6 Exhibit 77, # 7 Exhibit 78, # 8 Exhibit 79, # 9 Exhibit 80, # 10 Exhibit 81, # 11 Exhibit 82, # 12 Exhibit 83, # 13 Exhibit 84, # 14 Exhibit 85)(Elder, Edward) Modified on 7/26/2011 (td, ). (Entered: 07/26/2011)
2011-07-26103Exhibits 86-102 to MOTION for Summary Judgment 93 by PRISON LEGAL NEWS (Attachments: # 1 Exhibit 87, # 2 Exhibit 88, # 3 Exhibit 89, # 4 Exhibit 90, # 5 Exhibit 91, # 6 Exhibit 92, # 7 Exhibit 93, # 8 Exhibit 94, # 9 Exhibit 95, # 10 Exhibit 96, # 11 Exhibit 97, # 12 Exhibit 98, # 13 Exhibit 99, # 14 Exhibit 100, # 15 Exhibit 101, # 16 Exhibit 102)(Elder, Edward) Modified on 7/26/2011 (td, ). (Entered: 07/26/2011)
2011-07-26MINUTE ORDER finding as moot 91 Motion for Extension of Time to File. The plaintiff's motion for an extension was filed on the date its motion for summary judgment was due. Before the Court could act on the motion for an extension, the plaintiff filed its motion for summary judgment and numerous attachments and exhibits, thus mooting the need for an extension. The attachments filed in the early hours of July 26, 2011, rather than July 25, 2011, will be deemed timely filed. Signed by Judge Reggie B. Walton on 7/26/2011. (lcrbw2) (Entered: 07/26/2011)
2011-08-03104Consent MOTION for Extension of Time to File Response/Reply as to 93 MOTION for Summary Judgment by HARLEY G. LAPPIN (Johnson, Wyneva) (Entered: 08/03/2011)
2011-08-04MINUTE ORDER granting 104 Motion for Extension of Time to File Response/Reply. In light of the parties' consent, the motion is GRANTED. It is hereby ORDERED that the defendant shall respond to the plaintiff's motion for summary judgment on or before September 16, 2011. Signed by Judge Reggie B. Walton on 8/4/2011. (lcrbw2) (Entered: 08/04/2011)
2011-08-05Set/Reset Deadlines: Defendant's Response to Plaintiff's Motion for Summary Judgment due by 9/16/2011. (mpt, ) (Entered: 08/05/2011)
2011-09-12105Consent MOTION for Extension of Time to File Response/Reply to Plaintiffs Fourth Motion for Summary Judgment by HARLEY G. LAPPIN (Attachments: # 1 Affidavit Declaration of Wanda M. Hunt, # 2 Text of Proposed Order)(Johnson, Wyneva) (Entered: 09/12/2011)
2011-09-14MINUTE ORDER granting 105 Motion for Extension of Time to File Response/Reply. In light of the parties' consent, and for good cause shown, the motion is granted. The defendant shall file its reply on or before October 31, 2011. Signed by Judge Reggie B. Walton on 9/14/2011. (lcrbw2) (Entered: 09/14/2011)
2011-09-15Set/Reset Deadlines: Reply on or before due by 10/31/2011. (mpt, ) (Entered: 09/15/2011)
2011-10-26106Consent MOTION for Extension of Time to Release Documents and for Further Briefing by HARLEY G. LAPPIN (Johnson, Wyneva) (Entered: 10/26/2011)
2011-10-28MINUTE ORDER granting 106 Motion for Extension of Time. In light of the parties' consent, and for good cause shown, the motion is GRANTED. It is hereby ORDERED that the defendant file its opposition on or before December 12, 2011, and that the plaintiff file its reply on or before January 31, 2012. Signed by Judge Reggie B. Walton on 10/28/2011. (lcrbw2) (Entered: 10/28/2011)
2011-10-28Set/Reset Deadlines: Opposition due by 12/12/2011; Reply due by 1/31/2012. (mpt) (Entered: 10/28/2011)
2011-12-07107Consent MOTION for Extension of Time to Briefing Schedule by HARLEY G. LAPPIN (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 12/07/2011)
2011-12-08MINUTE ORDER denying without prejudice 93 Motion for Summary Judgment; granting 107 Motion for Extension of Time. In light of the parties' consent, the current briefing schedule is hereby suspended. For administrative purposes, the pending motion for summary judgment is denied without prejudice, and shall be subject to reinstatement upon request of the parties. The parties shall file a status report with the Court on or before January 17, 2012. Signed by Judge Reggie B. Walton on 12/8/2011. (lcrbw2) (Entered: 12/08/2011)
2011-12-08Set/Reset Deadlines: Status Report due by 1/17/2012 (mpt) (Entered: 12/08/2011)
2012-01-17108STATUS REPORT JOINT by HARLEY G. LAPPIN. (Johnson, Wyneva) (Entered: 01/17/2012)
2012-01-19MINUTE ORDER. In light of the representations made in the parties' January 17, 2012 Joint Status Report, it is hereby ORDERED that the parties shall file a status report and briefing schedule on or before January 24, 2012. Signed by Judge Reggie B. Walton on 1/19/2012. (lcrbw2) (Entered: 01/19/2012)
2012-01-23Set/Reset Deadlines: Status Report and Briefing Schedule due by 1/24/2012 (mpt) (Entered: 01/23/2012)
2012-01-24109STATUS REPORT JOINT by HARLEY G. LAPPIN. (Johnson, Wyneva) (Entered: 01/24/2012)
2012-01-25MINUTE ORDER. In light of the representations made in the parties' January 24, 2012 Joint Status Report, it is hereby ORDERED that that the plaintiff shall file its motion for summary judgment on or before March 26, 2012; that the defendant shall file his cross-motion and opposition on or before April 25, 2012; that the plaintiff shall file its opposition to the defendant's cross-motion on or before May 10, 2012; and that the defendant shall file his reply to the plaintiff's opposition on or before May 24, 2012. Signed by Judge Reggie B. Walton on 1/25/2012. (lcrbw2) (Entered: 01/25/2012)
2012-01-25Set/Reset Deadlines: Motion for Summary Judgment due by 3/26/12; Opposition and Cross Motion due by 4/25/12; Reply to Opposition and Opposition to Cross Motion due by 5/10/12; Reply to Cross Motion due by 5/24/12. (mpt) (Entered: 01/25/2012)
2012-03-26110MOTION for Summary Judgment the fifth by PRISON LEGAL NEWS (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order, # 4 Declaration 2nd Supplemental Declaration of Paul Wright, # 5 Exhibit 1, # 6 Exhibit 2, # 7 Exhibit 3, # 8 Exhibit 4, # 9 Exhibit 5, # 10 Exhibit 6, # 11 Exhibit 7, # 12 Exhibit 8, # 13 Exhibit 9, # 14 Exhibit 10, # 15 Exhibit 11, # 16 Exhibit 12, # 17 Exhibit 13, # 18 Exhibit 14, # 19 Exhibit 15, # 20 Exhibit 16, # 21 Exhibit 17, # 22 Exhibit 18, # 23 Exhibit 19, # 24 Exhibit 20, # 25 Exhibit 21, # 26 Exhibit 22, # 27 Exhibit 23, # 28 Exhibit 24, # 29 Exhibit 25, # 30 Exhibit 26, # 31 Exhibit 27, # 32 Exhibit 28, # 33 Exhibit 29, # 34 Exhibit 30, # 35 Exhibit 31, # 36 Exhibit 32, # 37 Exhibit 33, # 38 Exhibit 34, # 39 Exhibit 35, # 40 Exhibit 36, # 41 Exhibit 37, # 42 Exhibit 38, # 43 Exhibit 39, # 44 Exhibit 40, # 45 Exhibit 41, # 46 Exhibit 42, # 47 Exhibit 43, # 48 Exhibit 44, # 49 Exhibit 45, # 50 Exhibit 46, # 51 Exhibit 47, # 52 Exhibit 48, # 53 Exhibit 49, # 54 Exhibit 50, # 55 Exhibit 51, # 56 Exhibit 52, # 57 Exhibit 53, # 58 Exhibit 54, # 59 Exhibit 55, # 60 Exhibit 56, # 61 Exhibit 57, # 62 Exhibit 58, # 63 Exhibit 59, # 64 Exhibit 60, # 65 Exhibit 61, # 66 Exhibit 62, # 67 Exhibit 63, # 68 Exhibit 64, # 69 Exhibit 65, # 70 Exhibit 66, # 71 Exhibit 67, # 72 Exhibit 68, # 73 Exhibit 69, # 74 Exhibit 70, # 75 Exhibit 71, # 76 Exhibit 72, # 77 Exhibit 73, # 78 Exhibit 74, # 79 Exhibit 75, # 80 Exhibit 76, # 81 Exhibit 77, # 82 Exhibit 78, # 83 Exhibit 79, # 84 Exhibit 80, # 85 Exhibit 81, # 86 Exhibit 82, # 87 Exhibit 83, # 88 Exhibit 84, # 89 Exhibit 85, # 90 Exhibit 86, # 91 Exhibit 87, # 92 Exhibit 88, # 93 Exhibit 89, # 94 Exhibit 90, # 95 Exhibit 91, # 96 Exhibit 92, # 97 Exhibit 93, # 98 Exhibit 94, # 99 Exhibit 95, # 100 Exhibit 96, # 101 Exhibit 97, # 102 Exhibit 98, # 103 Exhibit 99, # 104 Exhibit 100, # 105 Exhibit 101, # 106 Exhibit 102, # 107 Exhibit 103, # 108 Exhibit 104, # 109 Exhibit 105, # 110 Exhibit 106)(Elder, Edward) (Entered: 03/26/2012)
2012-04-25111Cross MOTION for Summary Judgment by HARLEY G. LAPPIN (Attachments: # 1 Affidavit Declaration of Clinton Stroble, # 2 Affidavit Fourth Supplemental Declaration of Wilson J. Moorer, # 3 Defendant's Response to Statement of Material Facts as to Which There Is No Material Issue in Support of Plaintiff's Fifth Motion for Summary Judgment, # 4 Text of Proposed Order)(Johnson, Wyneva) (Entered: 04/25/2012)
2012-04-25112Memorandum in opposition to re 110 MOTION for Summary Judgment the fifth filed by HARLEY G. LAPPIN. (Johnson, Wyneva) (Entered: 04/25/2012)
2012-04-25113MOTION for Extension of Time to file exhibits in support of Defendant's Cross-Motion for Summary Judgment and Opposition to Plaintiff's Fifth Motion for Summary Judgment by HARLEY G. LAPPIN (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 04/25/2012)
2012-04-26114NOTICE of Filing of Defendant's Exhibits by HARLEY G. LAPPIN re 111 Cross MOTION for Summary Judgment, 112 Memorandum in Opposition (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58, # 59 Exhibit 59, # 60 Exhibit 60, # 61 Exhibit 61, # 62 Exhibit 62, # 63 Exhibit 63, # 64 Exhibit 64, # 65 Exhibit 65, # 66 Exhibit 66, # 67 Exhibit 67, # 68 Exhibit 68, # 69 Exhibit 69, # 70 Exhibit 70, # 71 Exhibit 71, # 72 Exhibit 72, # 73 Exhibit 73, # 74 Exhibit 74, # 75 Exhibit 75, # 76 Exhibit 76, # 77 Exhibit 77, # 78 Exhibit 78, # 79 Exhibit 79, # 80 Exhibit 80, # 81 Exhibit 81, # 82 Exhibit 82, # 83 Exhibit 83, # 84 Exhibit 84, # 85 Exhibit 85, # 86 Exhibit 86, # 87 Exhibit 87, # 88 Exhibit 88, # 89 Exhibit 89, # 90 Exhibit 90, # 91 Exhibit 91, # 92 Exhibit 92, # 93 Exhibit 93, # 94 Exhibit 94, # 95 Exhibit 95, # 96 Exhibit 96, # 97 Exhibit 97, # 98 Exhibit 98, # 99 Exhibit 99, # 100 Exhibit 100, # 101 Exhibit 101, # 102 Exhibit 102)(Johnson, Wyneva) (Entered: 04/26/2012)
2012-04-30MINUTE ORDER granting nunc pro tunc 113 Motion for Extension of Time. The motion is GRANTED nunc pro tunc to April 25, 2012. Signed by Judge Reggie B. Walton on 4/30/2012. (lcrbw2) (Entered: 04/30/2012)
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