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Case TitleLong et al v. United States Department of Justice
DistrictNorthern District of New York
CitySyracuse Syracuse
Case Number5:2006cv01086
Date Filed2006-09-08
Date Closed2014-02-18
JudgeSenior Judge Norman A. Mordue
PlaintiffSusan B. Long
PlaintiffDavid Burnham
DefendantUnited States Department of Justice
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [43]
Opinion/Order [50]
Opinion/Order [60]
FOIA Project Annotation: A federal court in New York has ruled that data in the Justice Department's civil case management database identifying the vaccine type and date of vaccine administration contained in claims brought against the U.S. under the National Childhood Vaccine Injury Act is protected under both Exemption 3 (other statutes) and Exemption 6 (invasion of privacy). In a case brought against Justice by the Transactional Records Access Clearinghouse at Syracuse University, Judge Norman Mordue had previously rejected the agency's argument that the information was protected under another provision of the Childhood Vaccine Injury Act. But after further consultation with staff at the Department of Health and Human Services, DOJ asked Mordue to reconsider his decision because another provisionâ€"42 U.S.C. § 300aa-12(d)(4)(A) prohibiting disclosure of personally-identifying vaccine-claim information filed with a special master in the Court of Federal Claimsâ€"actually protected the information. This time, Mordue agreed with the agency. TRAC argued that the Clerk's Office at the Court of Federal Claims had told them that vaccine type and date of administration commonly appeared as part of the public docket information and the plaintiffs provided several examples they found in public docket records. But after reviewing Court of Federal Claims' guidelines for submission of vaccine claims, Mordue observed that "there is no indication whether that data will also appear on the case's docket sheet. Thus, the court cannot conclude that the type of vaccine and the date of administration are always included on a case's docket sheet and declines to find that such facts are excluded from [the provision's] definition of 'information' submitted to a special master or court in a proceeding." Mordue also found the information qualified for protection under Exemption 6. TRAC argued that there was a public interest in disclosure because nearly 85 percent of claims were autism-related and without identifying the type of vaccine the public would be unable to track the agency's handling of such claims. Mordue rejected that argument, noting that "such information would not indicate whether the petition from which it came contained an 'autism-related claim.'" TRAC also argued disclosure would shed light on DOJ's expenditure of resources pertaining to causation, since plaintiffs had to establish causation independently for injuries that occurred after the cut-off date in the Vaccine Act. Rejecting this claim, Mordue observed that "the information plaintiffs seek, however, may well be available in the publicly disclosed decisions by Court of Federal Claims special masters. Further, if this information is, as plaintiffs assert, on the publicly available docket sheet corresponding to each Vaccine Act petition filed with the Court of Federal Claims, they already have access to it."
Issues: Exemption 3 - Statutory prohibition of disclosure, Exemption 6 - Invasion of privacy
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2006-09-081COMPLAINT against United States Department of Justice ( Filing fee $ 350 receipt number ALB002775) filed by Susan B. Long, David Burnham. (Attachments: # 1 Exhibits A - M to Complaint)(tm) (Entered: 09/08/2006)
2006-09-082G.O. 25 FILING ORDER ISSUED Initial Conference set for 1/25/2007 10:00 AM in Syracuse before Magistrate Judge Gustave J. DiBianco. Civil Case Management Plan due by 1/16/2007. (tm) (Entered: 09/08/2006)
2006-09-08Summons Issued as to United States Department of Justice, U.S. Attorney and U.S. Attorney General (tm) (Entered: 09/08/2006)
2006-09-193SUMMONS Returned Executed by Susan B. Long, David Burnham. (Sussman, William) (Entered: 09/19/2006)
2006-10-124ANSWER to Complaint by United States Department of Justice.(Wyer, Kathryn) (Entered: 10/12/2006)
2006-12-285MOTION Admission Pro Hac Vice of Thomas M. Sussman by Susan B. Long, David Burnham. (Attachments: # 1 Verified Petition for Admission Pro Hac Vice# 2 Affidavit of Sponsor# 3 Proposed Order/Judgment Granting Motion for Admission Pro Hac Vice) Motions referred to Gustave J. DiBianco. (Sussman, William) (Entered: 12/28/2006)
2007-01-09Pro Hac Vice Filing fee for Thomas M. Susman: $ 30.00, receipt number SYR10180. (alh, ) (Entered: 01/09/2007)
2007-01-116ORDER granting 5 Motion admission pro hac vice of Thomas M. Susman. Signed by Judge Gustave J. DiBianco on 1/11/07. (mnm) (Entered: 01/12/2007)
2007-01-127NOTICE of Appearance by Eric H. Yecies on behalf of Susan B. Long, David Burnham (Yecies, Eric) (Entered: 01/12/2007)
2007-01-12Clerk served Atty Thomas Susman Order granting PHV via USPS. (mnm) (Entered: 01/12/2007)
2007-01-128STIPULATION re 2 G.O. 25 Filing Order . and Order adjourning the January 25, 2007 status and scheduling conference to March 8, 2007 (Proposed) by Susan B. Long, David Burnham submitted to Judge Gustave J. DiBianco. (Sussman, William) (Entered: 01/12/2007)
2007-01-17TELEPHONE Initial Status Conference set for 3/8/2007 at 10:00 A.M. before Magistrate Judge Gustave J. DiBianco. Plaintiff's counsel will initiate telephone conference using a conference call service to Judge DiBianco's Chambers (315) 234-8600. The civil case management plan must be signed by all parties and electronically filed by the plaintiff ten days before the conference. (kmg) (Entered: 01/17/2007)
2007-01-179ORDER: approving the # 8 Joint Stipulation to adjourn the status and scheduling conference to March 8, 2007 at 10:00 AM before Magistrate Judge Gustave J. DiBianco. Signed by Judge Gustave J. DiBianco on 1/17/06. (jmb) (Entered: 01/18/2007)
2007-02-01Set/Reset Deadlines: Civil Case Management Plan due by 2/26/2007 pursuant to the 9 Order. (jlr) (Entered: 02/01/2007)
2007-02-2310STIPULATION and Order (Proposed) adjourning the March 8, 2007 status and scheduling conference to April 5, 2007 by Susan B. Long, David Burnham submitted to Judge Gustave J. DiBianco. (Yecies, Eric) (Entered: 02/23/2007)
2007-03-0211ORDER: re: 10 Stipulation; The 3/8/07 conference is cancelled. A Status and Scheduling Conference is scheduled for 4/5/2007 at 10:00 AM before MJ DiBianco by TELEPHONE. Requests for additional adjournments will be discussed at the conference. Signed by Judge Gustave J. DiBianco on 3/2/07. (dmf) (Entered: 03/05/2007)
2007-03-16TELEPHONE Initial Status Conference set for 4/5/2007 at 10:00 A.M. before Magistrate Judge Gustave J. DiBianco. Plaintiff's counsel will initiate telephone conference using a conference call service to Judge DiBianco's Chambers (315) 234-8600. The civil case management plan must be signed by all parties and electronically filed by the plaintiff ten days before the conference. (kmg) (Entered: 03/16/2007)
2007-03-3012CIVIL CASE MANAGEMENT PLAN by Susan B. Long, David Burnham. (Attachments: # 1 Exhibit(s) A# 2 Exhibit(s) B)(Yecies, Eric) (Entered: 03/30/2007)
2007-03-3013AFFIDAVIT re 12 CIVIL CASE MANAGEMENT PLAN by United States Department of Justice. (Attachments: # 1 Declaration of James M. Kovakas# 2 Declaration of Dorothy A. Bahr)(Wyer, Kathryn) (Entered: 03/30/2007)
2007-04-05Minute Entry for proceedings held before Magistrate Judge Gustave J. DiBianco: Telephone Conference held on 4/5/2007. APPEARANCES: Eric H. Yecies, Esq. for Plaintiff; Kathryn L. Wyer, Esq. for Deft. RULINGS: Six month delay GRANTED; no scheduling order to issue. Separate order to be filed re six month adjournment. [30 minutes] (kmg) (Entered: 04/05/2007)
2007-04-0514ORDER: advising the parties that no scheduling order will be issued at the present time, if there is no resolution of this case within 30 days, the attorneys are directed to file a Status Report by 5/7/07. Signed by Judge Gustave J. DiBianco on 4/5/07. (jmb) (Entered: 04/06/2007)
2007-04-1715AMENDED ORDER: amending the # 14 Order, ordered that if there has been no resolution of this case within six months, the attorneys are directed to file a Status Report with the Court by 9/28/2007. Signed by Judge Gustave J. DiBianco on 4/17/07. (jmb) (Entered: 04/18/2007)
2007-04-2616NOTICE by Susan B. Long, David Burnham , Eric H. Yecies' letter to Magistrate Judge Gustave J. DiBianco, as cover for exemplary reports of the work done by plaintiffs' organizations (Attachments: # 1 Attachment 1# 2 Attachment 2)(Yecies, Eric) (Entered: 04/26/2007)
2007-09-2817STATUS REPORT , Eric H. Yecies letter to Magistrate Judge Gustave J. DiBianco submitting joint case status update by Susan B. Long, David Burnham. (Yecies, Eric) (Entered: 09/28/2007)
2007-10-0918ORDER: approving the # 17 Status Report filed by David Burnham and Susan B. Long. This case is continued to discuss issues and possible settlement. The Attorneys are directed to file a Status Report on or before 11/29/2007. Signed by Judge Gustave J. DiBianco on 10/9/07. (jmb) (Entered: 10/10/2007)
2007-11-2919STATUS REPORT , Eric H. Yecies letter to Magistrate Judge Gustave J. DiBianco submitting joint case status update by Susan B. Long, David Burnham. (Yecies, Eric) (Entered: 11/29/2007)
2008-08-06TEXT NOTICE - It has been over 8 months since the filing of the status of this case. Counsel is directed to file a Status report on or before 8/15/08 to Chief Judge Mordue. (jlr) (Entered: 08/06/2008)
2008-08-1520STATUS REPORT by Susan B. Long, David Burnham. (Yecies, Eric) (Entered: 08/15/2008)
2008-08-1521STATUS REPORT by United States Department of Justice. (Wyer, Kathryn) (Entered: 08/15/2008)
2008-09-0522Consent Letter Motion from Counsel for Defendant for United States Department of Justice requesting leave for page enlargement and approval of the parties' stipulated briefing schedule submitted to Judge Norman A. Mordue. (Attachments: # 1 Proposed Order/Judgment)(Wyer, Kathryn) (Entered: 09/05/2008)
2008-09-0823NOTICE by Susan B. Long, David Burnham Withdrawal of Appearance of Eric Yecies (Yecies, Eric) (Entered: 09/08/2008)
2008-09-0924ORDER granting the # 22 Consent Letter Motion for a summary judgment briefing schedule and page enlargement. Signed by Chief Judge Norman A. Mordue on 9/9/2008. (kee) (Entered: 09/09/2008)
2008-09-1625NOTICE by Susan B. Long, David Burnham of withdrawal of appearance of Thomas M. Susman (Susman, Thomas) (Entered: 09/16/2008)
2008-09-1926MOTION for Summary Judgment filed by United States Department of Justice. (Attachments: # 1 Motion for Summary Judgment, # 2 Memorandum of Law, # 3 Statement of Material Facts, # 4 Declaration of James Kovakas, # 5 Exhibit(s) A to Kovakas Declaration - Vaughn Index, # 6 Declaration of Dorothy Bahr, # 7 Declaration of Morgan Arvaneh, # 8 Exhibit(s) A to Arvaneh Declaration - Data Dictionary, # 9 Declaration of Kathryn Wyer, # 10 Exhibit(s) A-KK to Wyer Declaration, # 11 Exhibit(s) - Cited Unpublished Decisions, # 12 Proposed Order/Judgment) (Wyer, Kathryn) (Entered: 09/19/2008)
2008-09-22TEXT NOTICE on Motion 26 MOTION for Summary Judgment. This motion is returnable on 12/3/08. The Motion is on submit with no appearances necessary. Response to Motion due by 10/17/2008. Reply to Response to Motion due by 11/7/2008. Plaintiffs' Reply due by 11/26/08. Counsel is directed to send a courtesy copy of the motion papers to Chief Judge Mordue's chambers.(dmf) (Entered: 09/22/2008)
2008-10-1027STIPULATION and Order by Susan B. Long, David Burnham submitted to Judge Norman A. Mordue. (Sussman, William) (Entered: 10/10/2008)
2008-10-1028JOINT STIPULATION AND ORDER: Opposition to Defendant's Motion and Plaintiffs' Cross Motion for Summary Judgment by 11/21/2008; Reply in Support of Motion and Opposition to Plaintiffs' Cross Motion by 12/19/08; Reply in Support of Plaintifs' Cross-Motion by 1/9/2009. Signed by Chief Judge Norman A. Mordue on 10/10/08. (dmf) (Entered: 10/14/2008)
2008-10-1429NOTICE of Appearance by Kevin M. Brown on behalf of Susan B. Long, David Burnham (Brown, Kevin) (Entered: 10/14/2008)
2008-11-2130CROSS MOTION for Summary Judgment filed by Susan B. Long, David Burnham. (Attachments: # 1 Plaintiffs' Cross-Motion for Summary Judgment, # 2 Declaration of Susan B. Long, # 3 Exhibits A-B to the Declaration of Susan B. Long, # 4 Exhibit C to the Declarationof Susan B. Long, # 5 Exhibit D, Part 1 to the Declaration of Susan B. Long, # 6 Exhibit D, Part 2 to the Declaration of Susan B. Long, # 7 Exhibit E to the Declaration of Susan B. Long, # 8 Exhibit F, Part 1 to the Declaration of Susan B. Long, # 9 Exhibit F, Part 2 to the Declaration of Susan B. Long, # 10 Exhibit G to the Declaration of Susan B. Long, # 11 Exhibits H - I to the Declaration of Susan B. Long, # 12 Exhibit J, Part 1 to the Declaration of Susan B. Long, # 13 Exhibit J, Part 2 to the Declaration of Susan B. Long, # 14 Exhibits K-O to the Declaration of Susan B. Brown, # 15 Exhibits P-X to the Declaration of Susan B. Long, # 16 Plaintiff's Memorandum of Law in Opposition to Defendant's Motion for Summary Judgment and in Support of Plaintiffs' Cross-motion for Summary Judgment, # 17 Plaintiffs' Response to Defendant's Statement of Material Facts and Statement of Material Facts in Support of Plaintiffs' Cross-motion for Summary Judgment, # 18 Proposed Order) (Sussman, William) Modified on 11/24/2008 (dmf, ). (Entered: 11/21/2008)
2008-11-2431NOTICE by Susan B. Long, David Burnham re 30 MOTION for Summary Judgment -Unpublished Cases Cited in Plaintiffs' Memorandum of Law in Opposition to Defendant's Motion for Summary Judgment and in Support of Plaintiffs' Cross-motion for Summary Judgment- (Sussman, William) (Entered: 11/24/2008)
2008-12-1932REPLY to Response to Motion re 26 MOTION for Summary Judgment filed by United States Department of Justice. (Attachments: # 1 Declaration of James M. Kovakas (Supplemental), # 2 Exhibit(s) A to Kovakas Supplemental Declaration - DBI Manual (2007) excerpt, # 3 Exhibit(s) B to Kovakas Supplemental Declaration - DBI Manual (2001) excerpt, # 4 Declaration of Siobhan Sperin, # 5 Declaration of Morgan Arvaneh (Supplemental), # 6 Defendant's Response to Plaintiffs' Statement of Material Facts, # 7 Exhibit(s) 1 - Status Summary, # 8 Unpublished Decisions)(Wyer, Kathryn) (Entered: 12/19/2008)
2008-12-1933RESPONSE in Opposition re 30 MOTION for Summary Judgment filed by United States Department of Justice. (Attachments: # 1 Declaration of James M. Kovakas (Supplemental), # 2 Exhibit(s) A to Kovakas Supplemental Declaration - DBI Manual (2007) excerpt, # 3 Exhibit(s) B to Kovakas Supplemental Declaration - DBI Manual (2001) excerpt, # 4 Declaration of Siobhan Sperin, # 5 Declaration of Morgan Arvaneh (Supplemental), # 6 Defendant's Response to Plaintiffs' Statement of Material Facts, # 7 Exhibit(s) 1 - Status Summary, # 8 Unpublished Decisions, # 9 Proposed Order/Judgment)(Wyer, Kathryn) (Entered: 12/19/2008)
2009-01-0634MOTION for Extension of Time to File Response/Reply as to 30 MOTION for Summary Judgment filed by Susan B. Long, David Burnham. (Attachments: # 1 Proposed Order/Judgment) Motions referred to Gustave J. DiBianco. (Brown, Kevin) (Entered: 01/06/2009)
2009-01-0735ORDER granting 34 Motion for Extension of Time to File Response/Reply re 30 MOTION for Summary Judgment. Plaintiff's reply papers in support of plaintiff's cross motion for summary judgment shall be filed by 1/14/2009. Signed by Chief Judge Norman A. Mordue on 1/7/08. (mnm) (Entered: 01/07/2009)
2009-01-1436MEMORANDUM OF LAW re 30 Motion for Summary Judgment,,,,, filed by Susan B. Long, David Burnham. (Attachments: # 1 Supplemental Declaration of Susan B. Long, # 2 Exhibits A & B to the Declaration of Susan B. Long, # 3 Exhibits C - I to the Declaration of Susan B. Long, # 4 Declaration of Michael F. Hasan, # 5 Exhibits A & B to the Hasan Declaration, # 6 Declaration of Jeffrey T. Lamicela, # 7 Declaration of Paul G. Lang, # 8 Exhibits A - K to the Lang Declaration)(Sussman, William) (Entered: 01/14/2009)
2009-01-1537NOTICE by Susan B. Long, David Burnham re 36 Memorandum of Law,, Unpublished Decisions Cited in the Reply Memorandum of Law in Support of Plaintiffs' Cross-Motion for Summary Judgment (Sussman, William) (Entered: 01/15/2009)
2009-01-3038Consent Letter Motion from Kathryn L. Wyer for United States Department of Justice requesting Waiver of the Requirements of L.R. 7.1(b)(2) and Consolidation of defendant's motions with the parties' cross-motions for summary judgment submitted to Judge Mordue. (Attachments: # 1 Proposed Order/Judgment - Letter Request, # 2 Motion to Strike or, in the Alternative, for Leave to File a Surreply, # 3 Proposed Order/Judgment - Motion to Strike, # 4 Proposed Surreply, # 5 Declaration of Douglas McManus)(Wyer, Kathryn) (Entered: 01/30/2009)
2009-02-02TEXT ORDER - Defendant's 38 Letter Motion, for permission to file a motion to strike Section X of plaintiffs' reply memorandum in support of plaintiffs' cross-motion for summary judgment, is granted, and will be considered in conjunction with the parties' motions for summary judgment. Plaintiffs may file a response, not to exceed 10 pages, to defendant's motion to strike on or before February 13, 2009. No surreply to the motion to strike will be permitted. In the event that the Court denies defendant's motion to strike, the Court will accept defendant's five-page proposed surreply as filed. No sur-surreply will be permitted. Endorsed by Chief Judge Norman A. Mordue on 2/02/09. (jlr/sr) (Entered: 02/02/2009)
2009-02-1339RESPONSE in Opposition re 38 Consent Letter Motion from Kathryn L. Wyer for United States Department of Justice requesting Waiver of the Requirements of L.R. 7.1(b)(2) and Consolidation of defendant's motions with the parties' cross-motions for summary judgment su Consent Letter Motion from Kathryn L. Wyer for United States Department of Justice requesting Waiver of the Requirements of L.R. 7.1(b)(2) and Consolidation of defendant's motions with the parties' cross-motions for summary judgment su Consent Letter Motion from Kathryn L. Wyer for United States Department of Justice requesting Waiver of the Requirements of L.R. 7.1(b)(2) and Consolidation of defendant's motions with the parties' cross-motions for summary judgment su filed by Susan B. Long, David Burnham. (Attachments: # 1 Unpublished Decisions, # 2 Proposed Order)(Sussman, William) (Entered: 02/13/2009)
2009-12-0140NOTICE of Appearance by Tal Kedem on behalf of David Burnham, Susan B. Long (Kedem, Tal) (Entered: 12/01/2009)
2009-12-0241Letter Motion from William I. Sussman for David Burnham, Susan B. Long requesting that Kevin M. Brown be removed as counsel for plaintiffs submitted to Judge Mordue. (Sussman, William) (Entered: 12/02/2009)
2009-12-2142ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge George H. Lowe for all further proceedings. Magistrate Judge Gustave J. DiBianco no longer assigned to case. Signed by Chief Judge Norman A. Mordue on 12/21/09. (dmf) (Entered: 12/21/2009)
2010-03-2543**VACATED** MEMORANDUM DECISION AND ORDER: Defendants # 26 Motion for Summary Judgment is GRANTED in part and DENIED in part, without prejudice. Plaintiffs # 30 Motion for Summary Judgment is GRANTED in part and DENIED in part, without prejudice. Further Ordered that Magistrate Judge George H. Lowe is directed to hold a conference to establish a scheduling order for the submission of the supplemental Vaughn declarations and additional briefs, and/or new motions for summary judgment. Signed by Chief Judge Norman A. Mordue on 3/25/2010. (mae) Vacated on 3/25/2011 by the # 60 MDO of Chief Judge Mordue. (mae) (Entered: 03/25/2010)
2010-03-29TEXT NOTICE of Hearing: Status Conference set for 4/9/2010 at 10:30 AM before Magistrate Judge George H. Lowe. Plaintiffs' attorney is responsible for initiating the call, using a teleconferencing service, and should call the chambers of Magistrate Judge George H. Lowe at (315) 234-8618, a dedicated conference line which may not be used for other purposes.(rjb, ) (Entered: 03/29/2010)
2010-04-0844MOTION for Reconsideration re 43 Order on Motion for Summary Judgment,,,,, Motion Hearing set for 5/19/2010 10:00 AM in Syracuse before Chief Judge Norman A. Mordue Response to Motion due by 5/3/2010 filed by United States Department of Justice. (Attachments: # 1 Motion for Partial Reconsideration, # 2 Memorandum of Law, # 3 Declaration of David E. Benor, # 4 Declaration of James M. Kovakas (Second Supplemental), # 5 Proposed Order/Judgment) (Wyer, Kathryn) (Entered: 04/08/2010)
2010-04-09TEXT Minute Entry for proceedings held before Magistrate Judge George H. Lowe: Status Conference held on 4/9/2010. Appearances: Tal Kedem, Esq. for Plaintiff; Kathryn Wyer, Esq. for Defendant. Defendant will need some time to gather the record for this action. Judge Lowe defers issuing a scheduling order at this time, a conference will be scheduled for around May 28, 2010. Parties agree on page limits for the dispositive motion - memoranda of law will not exceed 35 pages, motion response will not exceed 25 pages and reply papers will not exceed 20 pages. (FTR Recorded) (rjb, ) (Entered: 04/12/2010)
2010-04-12TEXT NOTICE of Hearing: Status Conference set for 5/28/2010 at 10:00 AM before Magistrate Judge George H. Lowe. Defendant's attorney is responsible for initiating the call, using a teleconferencing service, and should call the chambers of Magistrate Judge George H. Lowe at (315) 234-8618, a dedicated conference line which may not be used for other purposes.(rjb, ) (Entered: 04/12/2010)
2010-04-3045RESPONSE in Opposition re 44 MOTION for Reconsideration re 43 Order on Motion for Summary Judgment,,,,, MOTION for Reconsideration re 43 Order on Motion for Summary Judgment,,,,, filed by David Burnham, Susan B. Long. (Attachments: # 1 Unpublished Decisions, # 2 Second Supplemental Declaration of Susan B. Long, # 3 Exhibit(s) A - C to the Second Supplemental Declaration of Susan B. Long, # 4 Supplemental Declaration of Paul G. Lang, # 5 Exhibit(s) A - M to the Supplemental Declaration of Paul G. Lang, # 6 Proposed Order/Judgment)(Kedem, Tal) (Entered: 04/30/2010)
2010-05-0746Letter Motion from Kathryn L. Wyer for United States Department of Justice requesting Leave to File Reply in Support of Defendant's Motion for Partial Reconsideration submitted to Judge Mordue. (Attachments: # 1 Proposed Reply in Support of Defendant's Motion for Partial Reconsideration, # 2 Proposed Order/Judgment)(Wyer, Kathryn) (Entered: 05/07/2010)
2010-05-0747RESPONSE TO LETTER BRIEF filed by David Burnham, Susan B. Long as to 46 Letter Request/Motion, filed by United States Department of Justice. (Kedem, Tal) (Entered: 05/07/2010)
2010-05-18TEXT NOTICE - The 44 MOTION for Reconsideration re 43 Order on Motion for Summary Judgment is returable on 5/19/10 before Chief Judge Mordue. The motion is on submit. No appearances necessary. (jlr) (Entered: 05/18/2010)
2010-05-2448Letter Motion from Tal Kedem for David Burnham, Susan B. Long requesting entry of Proposed Stipulated Scheduling Order submitted to Judge Mordue. (Attachments: # 1 Proposed Order/Judgment Proposed Stipulated Scheduling Order)(Kedem, Tal) (Entered: 05/24/2010)
2010-05-2549ORDER: Defendant's 46 Letter Request for leave to file a reply is GRANTED. Defendant's proposed reply in support of Defendant's Motion for Partial Reconsideration is deemed filed nunc pro tunc as of the date of Defendant's letter request. Signed by Chief Judge Norman A. Mordue on 5/25/2010. (dmf) (Entered: 05/25/2010)
2010-05-2650SCHEDULING ORDER - the schedule and associated page limitations with respect to Defendants Renewed Motion for Summary Judgment on issues as to which summary judgment was not granted (Defendants Motion) and Plaintiffs Renewed Cross-Motion for Summary Judgment on issues as to which summary judgment was not granted (Plaintiffs Cross-Motion) are contained herein. It is further Ordered that the status conference before Magistrate Judge Lowe scheduled for May 28, 2010, at 10:00 a.m. is cancelled as moot. Signed by Chief Judge Norman A. Mordue on 5/26/10. (mnm) (Entered: 05/26/2010)
2010-05-2851Letter Motion from Tal Kedem for David Burnham, Susan B. Long requesting Entry of new scheduling order submitted to Judge Mordue. (Kedem, Tal) (Entered: 05/28/2010)
2010-06-30TEXT ORDER denying the 51 Letter Motion from Tal Kedem, Esq for David Burnham, and Susan B. Long requesting Entry of new scheduling order. The parties shall follow the Scheduling Order entered on 5/26/10 (Dkt. No. 50). Endorsed by Chief Judge Norman A. Mordue on 6/30/10. (jlr/nm) (Entered: 06/30/2010)
2010-08-1652Second MOTION for Summary Judgment filed by United States Department of Justice. (Attachments: # 1 Motion for Summary Judgment, # 2 Memorandum of Law, # 3 Statement of Material Facts, # 4 Declaration (Third) of James M. Kovakas, # 5 Exhibit(s) A - Vaughn Index Excerpt, # 6 Unpublished Decisions, # 7 Proposed Order/Judgment) (Wyer, Kathryn) (Entered: 08/16/2010)
2010-09-1353Cross MOTION for Summary Judgment filed by David Burnham, Susan B. Long. (Attachments: # 1 Plaintiffs' Renewed Cross-Motion for Summary Judgment, # 2 Third Supplemental Declaration of Susan B. Long, # 3 Exhibit(s) A to the Third Supplemental Declaration of Susan B. Long, # 4 Exhibit(s) B to the Third Supplemental Declaration of Susan B. Long, # 5 Exhibit(s) C to the Third Supplemental Declaration of Susan B. Long, # 6 Exhibit(s) D to the Third Supplemental Declaration of Susan B. Long, # 7 Exhibit(s) E to the Third Supplemental Declaration of Susan B. Long, # 8 Exhibit(s) F to the Third Supplemental Declaration of Susan B. Long, # 9 Exhibit(s) G to the Third Supplemental Declaration of Susan B. Long, # 10 Exhibit(s) H to the Third Supplemental Declaration of Susan B. Long, # 11 Exhibit(s) I to the Third Supplemental Declaration of Susan B. Long, # 12 Exhibit(s) J to the Third Supplemental Declaration of Susan B. Long, # 13 Exhibit(s) K to the Third Supplemental Declaration of Susan B. Long, # 14 Exhibit(s) L to the Third Supplemental Declaration of Susan B. Long, # 15 Exhibit(s) M to the Third Supplemental Declaration of Susan B. Long, # 16 Exhibit(s) N to the Third Supplemental Declaration of Susan B. Long, # 17 Exhibit(s) O to the Third Supplemental Declaration of Susan B. Long, # 18 Exhibit(s) P to the Third Supplemental Declaration of Susan B. Long, # 19 Exhibit(s) Q to the Third Supplemental Declaration of Susan B. Long, # 20 Exhibit(s) R to the Third Supplemental Declaration of Susan B. Long, # 21 Exhibit(s) S to the Third Supplemental Declaration of Susan B. Long, # 22 Exhibit(s) T to the Third Supplemental Declaration of Susan B. Long, # 23 Exhibit(s) U to the Third Supplemental Declaration of Susan B. Long, # 24 Exhibit(s) V to the Third Supplemental Declaration of Susan B. Long, # 25 Exhibit(s) W to the Third Supplemental Declaration of Susan B. Long, # 26 Exhibit(s) X to the Third Supplemental Declaration of Susan B. Long, # 27 Exhibit(s) Y to the Third Supplemental Declaration of Susan B. Long, # 28 Exhibit(s) Z to the Third Supplemental Declaration of Susan B. Long, # 29 Exhibit(s) AA to the Third Supplemental Declaration of Susan B. Long, # 30 Exhibit(s) AB to the Third Supplemental Declaration of Susan B. Long, # 31 Exhibit(s) AC to the Third Supplemental Declaration of Susan B. Long, # 32 Plaintiffs' Memorandum of Law in Opposition to Defendant's Renewed Motion for Summary Judgment and in Support of Plaintiffs' Renewed Cross-motion for Summary Judgment, # 33 Plaintiffs' Response to Defendant's Statement of Material Facts and Statement of Material Facts in Support of Plaintiffs' Renewed Cross-motion for Summary Judgment, # 34 Plaintiffs' Proposed Order) (Sussman, William) (Entered: 09/13/2010)
2010-09-14TEXT NOTICE - Counsel is directed to send a courtesy copy of the 52 Second MOTION for Summary Judgment, and the 53 Cross MOTION for Summary Judgment papers to Chief Judge Mordue's chambers. (jlr) (Entered: 09/14/2010)
2010-09-2754REPLY to Response to Motion re 52 Second MOTION for Summary Judgment filed by United States Department of Justice. (Attachments: # 1 Statement of Material Facts - Response, # 2 Declaration of James M. Kovakas (Fourth Supplemental))(Wyer, Kathryn) (Entered: 09/27/2010)
2010-09-2755RESPONSE in Opposition re 53 Cross MOTION for Summary Judgment filed by United States Department of Justice. (Attachments: # 1 Statement of Material Facts - Response, # 2 Declaration of James M. Kovakas (Fourth Supplemental), # 3 Proposed Order/Judgment)(Wyer, Kathryn) (Entered: 09/27/2010)
2010-10-1156REPLY to Response to Motion re 53 Cross MOTION for Summary Judgment filed by David Burnham, Susan B. Long. (Attachments: # 1 Affidavit Fourth Supplemental Declaration of Susan B. Long, # 2 Exhibit(s) Exhibit A to Fourth Supp. Long Dec., # 3 Exhibit(s) Exhibit B to Fourth Supp. Long Dec., # 4 Exhibit(s) Exhibit C to Fourth Supp. Long Dec., # 5 Exhibit(s) Exhibit D to Fourth Supp. Long Dec., # 6 Exhibit(s) Exhibit E to Fourth Supp. Long Dec., # 7 Exhibit(s) Exhibit F to Fourth Supp. Long Dec., # 8 Exhibit(s) Exhibit G to Fourth Supp. Long Dec., # 9 Exhibit(s) Exhibit H to Fourth Supp. Long Dec., # 10 Exhibit(s) Exhibit I to Fourth Supp. Long Dec., # 11 Exhibit(s) Exhibit J to Fourth Supp. Long Dec., # 12 Exhibit(s) Exhibit K to Fourth Supp. Long Dec., # 13 Appendix Unpublished Decision cited in Memorandum of Law)(Kedem, Tal) (Entered: 10/11/2010)
2010-10-2557Letter Motion from Kathryn Wyer for United States Department of Justice requesting Waiver of the Requirements of L.R. 7.1(b)(2) in Connection with Defendant's Motion for Leave to File Surreply submitted to Judge Mordue. (Attachments: # 1 Proposed Order/Judgment - Letter Request, # 2 Motion for Leave to File Surreply, # 3 Proposed Surreply, # 4 Proposed Order/Judgment - Motion for Leave to File Surreply)(Wyer, Kathryn) (Entered: 10/25/2010)
2010-10-26TEXT ORDER granting the 57 Letter Motion from Kathryn Wyer for United States Department of Justice requesting Waiver of the Requirements of L.R. 7.1(b)(2) in Connection with Defendant's Motion for Leave to File Surreply. The Clerk is directed to file the surreply attached in the 57 letter motion. Endorsed by Chief Judge Norman A. Mordue on 10/26/10. (jlr/sr) (Entered: 10/26/2010)
2010-10-2658SURREPLY to Response to the Motion 52 Second MOTION for Summary Judgment and the 53 Cross MOTION for Summary Judgment filed by United States Department of Justice. (jlr) (Entered: 10/26/2010)
2011-03-2259Letter Motion from Tal Kedem for David Burnham, Susan B. Long requesting the Court take notice of the Supreme Court's decision in Milner v. Dep't of Navy, No. 09-1163, 2011 U.S. LEXIS 2101 (U.S. Mar. 7, 2011), and its effect on this action with respect to FOIA Exemption 2 submitted to Judge Mordue. (Attachments: # 1 Exhibit(s) Exhibit A -- Milner v. Dep't of Navy, # 2 Exhibit(s) Exhibit B -- Ward v. LeClaire)(Kedem, Tal) (Entered: 03/22/2011)
2011-03-23TEXT NOTICE Defendant is directed to file a response to plaintiffs' letter motion, Dkt. No. 59, on or before April 5, 2011. Plaintiffs' reply, if any, shall be filed on or before April 12, 2011. (jlr/sr) (Entered: 03/23/2011)
2011-03-2560MEMORANDUM DECISION AND ORDER: It is ORDERED that the # 44 Motion for Reconsideration is GRANTED; the portion of the # 43 Memorandum Decision and Order denying Defendant's summary judgment motion and granting Plaintiffs' summary judgment motion regarding vaccine type and date of administration is VACATED; Defendant's summary judgment motion regarding vaccine type and date of administration is GRANTED and Plaintiffs' cross-motion for summary judgment regarding vaccine type and date of administration is DENIED. Signed by Chief Judge Norman A. Mordue on 3/25/2011. (mae) (Entered: 03/25/2011)
2011-03-31TEXT ORDER: Having received plaintiffs' letter motion requesting that the Court take notice of the Supreme Court's decision in Milner v. Department of the Navy, along with their request for reconsideration of an issue (JCON IDs) addressed in the Court's prior Memorandum Decision and Order, dkt. no. 43, and arguments regarding Milner's impact on issues contained in the second motion for summary judgment, dkt. no. 52, and second cross motion for summary judgment, dkt. no. 53, and having been advised that: defendant intends to withdraw its arguments regarding Exemption 2 in connection with its second motion for summary judgment, and submit new arguments; and that plaintiffs object to defendant raising new arguments, in the interest of resolving all arguments at once rather than through additional letter motions or filings clarifying or altering previous filings, the Court directs the parties to withdraw the second motion for summary judgment, dkt. no. 52, and second cross motion for summary judgment, dkt. no. 53. The parties may refile their motions for summary judgment incorporating their arguments regarding Exemption 2 and may include new arguments and submissions. Defendant is directed to refile its second motion for summary judgment on or before April 28, 2011. Plaintiffs are directed to file their cross motion and response on or before May 19, 2011. Defendant is directed to file its response and reply on or before May 26, 2011. No sur-replies will be permitted unless good cause is shown. The parties shall continue to abide by the briefing schedule contained in the Text Notice issued on March 23, 2011, with respect to plaintiffs' request that the Court reconsider its decision regarding JCON IDs. Endorsed by Chief Judge Norman A. Mordue on 3/31/11. (jlr/sr) (Entered: 03/31/2011)
2011-04-0461Letter Motion from Tal Kedem for David Burnham, Susan B. Long requesting Reconsideration of the Court's March 31, 2011 Text Order submitted to Judge Mordue. (Kedem, Tal) (Entered: 04/04/2011)
2011-04-0562RESPONSE in Opposition re 59 Letter Motion from Tal Kedem for David Burnham, Susan B. Long requesting the Court take notice of the Supreme Court's decision in Milner v. Dep't of Navy, No. 09-1163, 2011 U.S. LEXIS 2101 (U.S. Mar. 7, 2011), and its effect on this action witLetter Motion from Tal Kedem for David Burnham, Susan B. Long requesting the Court take notice of the Supreme Court's decision in Milner v. Dep't of Navy, No. 09-1163, 2011 U.S. LEXIS 2101 (U.S. Mar. 7, 2011), and its effect on this action wit filed by United States Department of Justice. (Attachments: # 1 Declaration (Fifth Supplemental) of James M. Kovakas, # 2 Declaration (Supplemental) of Doug McManus)(Wyer, Kathryn) (Entered: 04/05/2011)
2011-04-1263REPLY to Response to Motion re 59 Letter Motion from Tal Kedem for David Burnham, Susan B. Long requesting the Court take notice of the Supreme Court's decision in Milner v. Dep't of Navy, No. 09-1163, 2011 U.S. LEXIS 2101 (U.S. Mar. 7, 2011), and its effect on this action witLetter Motion from Tal Kedem for David Burnham, Susan B. Long requesting the Court take notice of the Supreme Court's decision in Milner v. Dep't of Navy, No. 09-1163, 2011 U.S. LEXIS 2101 (U.S. Mar. 7, 2011), and its effect on this action wit filed by David Burnham, Susan B. Long. (Attachments: # 1 Appendix Unpublished cases cited in Plaintiffs' Memorandum, # 2 Declaration Fifth Supplemental Declaration of Susan B. Long, # 3 Exhibit(s) Exhibits to Fifth Supplemental Declaration of Susan B. Long)(Kedem, Tal) (Entered: 04/12/2011)
2011-04-13TEXT ORDER: Plaintiffs' letter request, dkt. no. 61, requesting reconsideration of the Court's March 31, 2011, Text Order is denied. Plaintiffs' request for permission to serve and file reply papers in further support of any new cross-motion for summary judgment is granted. Signed by Chief Judge Norman A. Mordue on 4/13/11. (jlr) (Entered: 04/13/2011)
2011-04-1964Letter Motion from Defendant for United States Department of Justice requesting Leave to File a Surreply in Connection with Plaintiffs' March 22, 2011, Letter Motion submitted to Judge Mordue. (Attachments: # 1 SURREPLY - DEEMED TIMELY FILED BY THE # 65 ORDER, # 2 Declaration (Sixth Supplemental) of James M. Kovakas, # 3 Exhibit(s) A - FOIA Request (March 28, 2011), # 4 Proposed Order/Judgment)(Wyer, Kathryn) Modified docket text on 4/19/2011. (mae) (Entered: 04/19/2011)
2011-04-1965ORDER: GRANTING the # 64 Letter Request. The Proposed surreply filed at 64-1 is deemed timely filed. Signed by Chief Judge Norman A. Mordue on 4/19/2011. (mae) (Entered: 04/19/2011)
2011-04-2666Consent Letter Motion from Kathryn Wyer for United States Department of Justice requesting Extension of Briefing Schedule and To Set Applicable Page Limits submitted to Judge Mordue. (Attachments: # 1 Proposed Order/Judgment)(Wyer, Kathryn) (Entered: 04/26/2011)
2011-04-2767ORDER granting # 66 Letter Request: Defendant's motion for summary judgment (35 page max) to be filed by 5/5/2011; plaintiffs' opposition to defendant's motion and cross-motion for summary judgment (35 page max) is to be filed by 6/2/2011; defendant's reply in support of motion/opposition to cross-motion (25 page max) is to be filed by 6/16/2011; and plaintiffs' reply in support of cross-motion (20 page max) is to be filed by 6/30/2011. Signed by Chief Judge Norman A. Mordue on 4/27/2011. (mae) (Entered: 04/28/2011)
2011-05-0368NOTICE by David Burnham, Susan B. Long regarding the withdrawal of the appearance of Tal Kedem as counsel for plaintiffs (Sussman, William) (Entered: 05/03/2011)
2011-05-0469ORDER: Approving the withdrawal of the appearance of attorney Tal Kedem. Signed by Magistrate Judge George H. Lowe on 5/4/2011. (mae) (Entered: 05/04/2011)
2011-05-0570LETTER BRIEF Notice of Developments Relevant to Plaintiffs' March 22, 2011 Letter Motion by United States Department of Justice. (Wyer, Kathryn) (Entered: 05/05/2011)
2011-05-0571MOTION for Summary Judgment filed by United States Department of Justice. (Attachments: # 1 (Resubmitted) Renewed Motion for Summary Judgment, # 2 Memorandum of Law, # 3 Exhibit(s) A - Letter of April 26, 2011 from plaintiffs' counsel, # 4 Statement of Material Facts, # 5 Declaration (Seventh Supplemental) of James M. Kovakas, # 6 Updated Vaughn Index (Exhibit A to Kovakas Seventh Supplemental Declaration), # 7 Ferrigno (unpublished case), # 8 Proposed Order/Judgment) (Wyer, Kathryn) (Entered: 05/05/2011)
2011-05-09TEXT NOTICE re # 71 Renewed Motion for Summary Judgment: The Motion will be taken on submit, with no appearances necessary. Pursuant to the # 67 Order the Response to Motion is due by 6/2/2011; Reply to Response to Motion due by 6/16/2011. Counsel are directed to send a courtesy copy of all motion papers to Chief Judge Mordue's chambers. (mae) (Entered: 05/09/2011)
2011-05-1072LETTER BRIEF Plaintiffs' Response to Defendant's Letter Brief of May 5, 2011 by David Burnham, Susan B. Long. (Sussman, William) (Entered: 05/10/2011)
2011-05-1773LETTER BRIEF in Reply to Plaintiffs' Letter Brief of May 10, 2011, in connection with plaintiffs' March 22, 2011, Letter Motion for Reconsideration by United States Department of Justice. (Wyer, Kathryn) (Entered: 05/17/2011)
2011-05-2074NOTICE of Appearance by Martin J. Crisp on behalf of David Burnham, Susan B. Long (Crisp, Martin) (Entered: 05/20/2011)
2011-05-2075LETTER BRIEF Plaintiffs' Response to Defendant's Letter Brief of May 17, 2011 by David Burnham, Susan B. Long. (Crisp, Martin) (Entered: 05/20/2011)
2011-06-0276Cross MOTION for Summary Judgment filed by David Burnham, Susan B. Long. (Attachments: # 1 Plaintiffs' Renewed Cross-motion for Summary Judgment, # 2 Sixth Supplemental Declaration of Susan B. Long, # 3 Exhibit A to the Sixth Supplemental Declaration of Susan B. Long, # 4 Exhibit B to the Sixth Supplemental Declaration of Susan B. Long, # 5 Exhibit C to the Sixth Supplemental Declaration of Susan B. Long, # 6 Exhibit D to the Sixth Supplemental Declaration of Susan B. Long, # 7 Exhibit E to the Sixth Supplemental Declaration of Susan B. Long, # 8 Exhibit F to the Sixth Supplemental Declaration of Susan B. Long, # 9 Exhibit G to the Sixth Supplemental Declaration of Susan B. Long, # 10 Exhibit H to the Sixth Supplemental Declaration of Susan B. Long, # 11 Exhibit I to the Sixth Supplemental Declaration of Susan B. Long, # 12 Exhibit J to the Sixth Supplemental Declaration of Susan B. Long, # 13 Exhibit K to the Sixth Supplemental Declaration of Susan B. Long, # 14 Exhibit L to the Sixth Supplemental Declaration of Susan B. Long, # 15 Exhibit M to the Sixth Supplemental Declaration of Susan B. Long, # 16 Exhibit N to the Sixth Supplemental Declaration of Susan B. Long, # 17 Exhibit O to the Sixth Supplemental Declaration of Susan B. Long, # 18 Exhibit P to the Sixth Supplemental Declaration of Susan B. Long, # 19 Exhibit Q to the Sixth Supplemental Declaration of Susan B. Long, # 20 Exhibit R to the Sixth Supplemental Declaration of Susan B. Long, # 21 Exhibit S to the Sixth Supplemental Declaration of Susan B. Long, # 22 Exhibit T to the Sixth Supplemental Declaration of Susan B. Long, # 23 Exhibit U to the Sixth Supplemental Declaration of Susan B. Long, # 24 Exhibit V to the Sixth Supplemental Declaration of Susan B. Long, # 25 Exhibit W to the Sixth Supplemental Declaration of Susan B. Long, # 26 Exhibit X to the Sixth Supplemental Declaration of Susan B. Long, # 27 Exhibit Y to the Sixth Supplemental Declaration of Susan B. Long, # 28 Exhibit Z to the Sixth Supplemental Declaration of Susan B. Long, # 29 Exhibit AA to the Sixth Supplemental Declaration of Susan B. Long, # 30 Exhibit BB to the Sixth Supplemental Declaration of Susan B. Long, # 31 Exhibit CC to the Sixth Supplemental Declaration of Susan B. Long, # 32 Exhibit DD to the Sixth Supplemental Declaration of Susan B. Long, # 33 Exhibit EE to the Sixth Supplemental Declaration of Susan B. Long, # 34 Exhibit FF to the Sixth Supplemental Declaration of Susan B. Long, # 35 Exhibit GG to the Sixth Supplemental Declaration of Susan B. Long, # 36 Exhibit HH to the Sixth Supplemental Declaration of Susan B. Long, # 37 Exhibit II to the Sixth Supplemental Declaration of Susan B. Long, # 38 Exhibit JJ to the Sixth Supplemental Declaration of Susan B. Long, # 39 Exhibit KK to the Sixth Supplemental Declaration of Susan B. Long, # 40 Exhibit LL to the Sixth Supplemental Declaration of Susan B. Long, # 41 Exhibit MM to the Sixth Supplemental Declaration of Susan B. Long, # 42 Exhibit NN to the Sixth Supplemental Declaration of Susan B. Long, # 43 Exhibit OO to the Sixth Supplemental Declaration of Susan B. Long, # 44 Exhibit PP to the Sixth Supplemental Declaration of Susan B. Long, # 45 Exhibit QQ to the Sixth Supplemental Declaration of Susan B. Long, # 46 Exhibit RR to the Sixth Supplemental Declaration of Susan B. Long, # 47 Supplemental Declaration of Paul G. Lang, # 48 Plaintiffs' Memorandum of Law in Opposition to Defendant's Renewed Motion for Summary Judgment and in Support of Plaintiffs' Renewed Cross-motion for Summary Judgment, # 49 Unpublished Decisions, # 50 Plaintiffs' Response to Defendant's Statement of Material Facts and Statement of Material Facts in Support of Plaintiffs' Renewed Cross-motion for Summary Judgment, # 51 Plaintiffs' Proposed Order) (Crisp, Martin) (Entered: 06/02/2011)
2011-06-03Set/Reset Deadlines as to the # 76 Cross Motion for Summary Judgment: Defendant's reply in support of motion/opposition to cross-motion (25 page max) is to be filed by 6/16/2011; and Plaintiffs' reply in support of cross-motion (20 page max) is to be filed by 6/30/2011. Counsel are directed to send a courtesy copy of all motion papers to Chief Judge Mordue's chambers. (mae) (Entered: 06/03/2011)
2011-06-0977Consent Letter Motion from Kathryn Wyer, Counsel for Defendant for United States Department of Justice requesting an Extension of the Summary Judgment Briefing Schedule submitted to Judge Mordue. (Attachments: # 1 Proposed Order/Judgment)(Wyer, Kathryn) (Entered: 06/09/2011)
2011-06-13TEXT ORDER - Defendant's 77 Letter Request is granted in part and denied in part. The Court has reset the deadlines as follows: Defendant's Reply in Support of Motion/Opposition to Cross-Motion due July 15, 2011, and Plaintiff's Reply in Support of Cross-Motion due August 5, 2011. Endorsed by Chief Judge Norman A. Mordue on 6/13/11. (jlr/sr) (Entered: 06/13/2011)
2011-07-1578REPLY to Response to Motion re 71 MOTION for Summary Judgment and RESPONSE to # 76 Cross Motion filed by United States Department of Justice. (Attachments: # 1 Eighth Supplemental Declaration of James M. Kovakas, # 2 Exhibit(s) A - PACER FAQ excerpt, # 3 Exhibit(s) B - PACER search results (five-year period), # 4 Exhibit(s) C - PACER search results (California), # 5 Exhibit(s) D - PACER sample, # 6 Response to Plaintiffs' Statement of Material Facts, # 7 Judicial Watch Inc v Reno (unpublished), # 8 NY Times v. Department of Treasury (unpublished))(Wyer, Kathryn) (Additional attachment(s) added on 7/20/2011: # 9 Proposed Order) (mae, ). Modified docket text on 7/20/2011. (mae) (Entered: 07/15/2011)
2011-07-20CLERK'S CORRECTION OF DOCKET ENTRY: The Clerk confirmed with AUSA Wyer that the # 78 Response and # 79 Reply were identical filings with the exception that # 79 included a proposed order. The proposed order has been attached to the # 78 Response and the # 79 Reply has been deleted from the docket. The docket text of the # 78 entry has been modified to reflect that the submission is in Reply to the # 71 Motion and in Response to the # 76 Cross Motion. (mae) (Entered: 07/20/2011)
2011-08-0579REPLY to Response to Motion re 76 Cross MOTION for Summary Judgment filed by David Burnham, Susan B. Long. (Attachments: # 1 Unpublished Decisions, # 2 Seventh Supplemental Declaration of Susan Long, # 3 Exhibit A to the Seventh Supplemental Declaration of Susan Long, # 4 Exhibit B to the Seventh Supplemental Declaration of Susan Long, # 5 Exhibit C to the Seventh Supplemental Declaration of Susan Long, # 6 Exhibit D to the Seventh Supplemental Declaration of Susan Long, # 7 Exhibit E to the Seventh Supplemental Declaration of Susan Long, # 8 Exhibit F to the Seventh Supplemental Declaration of Susan Long, # 9 Exhibit G to the Seventh Supplemental Declaration of Susan Long, # 10 Exhibit H to the Seventh Supplemental Declaration of Susan Long, # 11 Exhibit I to the Seventh Supplemental Declaration of Susan Long, # 12 Exhibit J to the Seventh Supplemental Declaration of Susan Long, # 13 Exhibit K to the Seventh Supplemental Declaration of Susan Long, # 14 Exhibit L to the Seventh Supplemental Declaration of Susan Long, # 15 Exhibit M to the Seventh Supplemental Declaration of Susan Long, # 16 Exhibit N to the Seventh Supplemental Declaration of Susan Long, # 17 Exhibit O to the Seventh Supplemental Declaration of Susan Long, # 18 Exhibit P to the Seventh Supplemental Declaration of Susan Long, # 19 Exhibit Q to the Seventh Supplemental Declaration of Susan Long, # 20 Exhibit R to the Seventh Supplemental Declaration of Susan Long, # 21 Exhibit S to the Seventh Supplemental Declaration of Susan Long, # 22 Exhibit T to the Seventh Supplemental Declaration of Susan Long, # 23 Exhibit U to the Seventh Supplemental Declaration of Susan Long, # 24 Exhibit V to the Seventh Supplemental Declaration of Susan Long, # 25 Exhibit W to the Seventh Supplemental Declaration of Susan Long, # 26 Exhibit X to the Seventh Supplemental Declaration of Susan Long, # 27 Exhibit Y to the Seventh Supplemental Declaration of Susan Long, # 28 Exhibit Z to the Seventh Supplemental Declaration of Susan Long, # 29 Exhibit AA to the Seventh Supplemental Declaration of Susan Long, # 30 Exhibit BB to the Seventh Supplemental Declaration of Susan Long, # 31 Exhibit CC to the Seventh Supplemental Declaration of Susan Long, # 32 Exhibit DD to the Seventh Supplemental Declaration of Susan Long, # 33 Exhibit EE to the Seventh Supplemental Declaration of Susan Long, # 34 Exhibit FF to the Seventh Supplemental Declaration of Susan Long, # 35 Exhibit GG to the Seventh Supplemental Declaration of Susan Long)(Sussman, William) (Entered: 08/05/2011)
2012-02-1380ORDER OF REASSIGNMENT: Case directly reassigned to Magistrate Judge Therese Wiley Dancks for all further proceedings. Magistrate Judge George H. Lowe no longer assigned to case. District Judge Norman A. Mordue remains assigned to case. Signed by Chief Judge Gary L. Sharpe on 2/10/2012. (mae) (Entered: 02/13/2012)
2012-03-3181ORDER granting in part and denying in part the 59 Letter Motion for Reconsideration; granting in part and denying in part the defendant's 71 Motion for Summary Judgment; and granting in part and denying in part the plaintiffs' 76 Motion for Summary Judgment. Signed by Judge Norman A. Mordue on 3/31/12. (jlr) (Entered: 03/31/2012)
2012-04-1682MOTION for Reconsideration re 81 Order on Letter Request, Order on Motion for Summary Judgment,,,, Motion Hearing set for 6/6/2012 10:00 AM in Syracuse before Judge Norman A. Mordue Response to Motion due by 5/21/2012 filed by United States Department of Justice. (Attachments: # 1 Motion for Partial Reconsideration, # 2 Memorandum of Law, # 3 Proposed Order/Judgment) (Wyer, Kathryn) (Entered: 04/16/2012)
2012-04-18TEXT NOTICE: The # 82 Motion for Reconsideration is returnable 6/6/2012, ON SUBMIT, before district Judge Norman A. Mordue. Response to Motion due by 5/21/2012. No Reply is permitted without prior permission. (mae) (Entered: 04/18/2012)
2012-05-2183RESPONSE in Opposition re 82 MOTION for Reconsideration re 81 Order on Letter Request, Order on Motion for Summary Judgment,,,, filed by David Burnham, Susan B. Long. (Attachments: # 1 Unpublished Decisions)(Sussman, William) (Entered: 05/21/2012)
2012-09-0784NOTICE of Supplemental Authority by United States Department of Justice re 82 MOTION for Reconsideration re 81 Order on Letter Request, Order on Motion for Summary Judgment. (Attachments: # 1 Long v Office of Personnel Management, No 10-1600, 2012 WL 3831784 (2d Cir. Sept. 5, 2012))(Wyer, Kathryn) (Entered: 09/07/2012)
2012-09-1185Letter Motion from Kathryn Wyer for United States Department of Justice requesting Reconsideration With Respect to Sealed Cases, in Light of Second Circuit Decision in Long v. OPM submitted to Judge Mordue . (Attachments: # 1 Proposed Order/Judgment)(Wyer, Kathryn) (Entered: 09/11/2012)
2012-09-1786Plaintiff's Response to Defendant's Notice of Supplemental Authority by David Burnham, Susan B. Long (Sussman, William) (modified by tab) (Entered: 09/17/2012)
2012-09-2587RESPONSE in Opposition re 85 Letter Motion from Kathryn Wyer for United States Department of Justice requesting Reconsideration With Respect to Sealed Cases, in Light of Second Circuit Decision in Long v. OPM submitted to Judge Mordue filed by David Burnham, Susan B. Long. (Attachments: # 1 Unpublished Decisions)(Sussman, William) (Entered: 09/25/2012)
2012-09-2788NOTICE by United States Department of Justice re 86 Notice (Other) (Response and Objection to Plaintiffs' Response to Defendant's Notice of Supplemental Authority) (Wyer, Kathryn) (Entered: 09/27/2012)
2012-10-0989NOTICE by David Burnham, Susan B. Long re 84 Notice (Other), Plaintiffs' Response to Defendant's Reply in Support of Defendant's Notice of Supplemental Authority (Sussman, William) (Entered: 10/09/2012)
2013-03-2690MEMORANDUM DECISION ORDER granting 82 DOJ's Motion for Reconsideration, with respect "matter numbers" and DOJ's Motion for Summary Judgment with respect to "matter numbers" ; denying 85 DOJ's Letter Motion/Request suggesting the Court reconsider the issue of sealed cases,. Signed by Judge Norman A. Mordue on 3/26/2013. (wbl, ) Modified on 3/26/2013 (wbl, ). (Entered: 03/26/2013)
2013-04-23TEXT NOTICE of Hearing: Status Conference set for 5/13/2013 at 10:00 AM before Magistrate Judge Therese Wiley Dancks. Plaintiff's attorney is directed to initiate the call and should contact chambers at (315) 234-8618 once all counsel are on the line. This number is a conference line and should be used only at the time of the conference. (rjb, ) (Entered: 04/23/2013)
2013-05-13TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Status Conference held on 5/13/2013. Appearances: Martin Crisp, Esq. for Plaintiff; Kathryn Wyer, Esq. for Defendant. Counsel report on the status of the case. Defendant's counsel would like to file a renewed motion for reconsideration. Judge Dancks advises counsel that she should request leave from Judge Mordue to file her motion and gives her until 5/20/13 to make the request. Plaintiff's counsel would like to proceed with limited discovery. Judge Dancks gives Plaintiff's counsel until 5/28/13 to file a response to Defendant's letter request. A follow up conference will be scheduled. (FTR Recorded) (rjb, ) (Entered: 05/13/2013)
2013-05-13TEXT NOTICE of Hearing: Status Conference set for 7/17/2013 at 10:00 AM before Magistrate Judge Therese Wiley Dancks. Defendant's attorney is directed to initiate the call and should contact chambers at (315) 234-8618 once all counsel are on the line. This number is a conference line and should be used only at the time of the conference.(rjb, ) (Entered: 05/13/2013)
2013-05-1791TRANSCRIPT REQUEST (Expedited) by David Burnham, Susan B. Long for proceedings held on 05/13/2013 before Judge Therese Wiley Dancks.. (Crisp, Martin) (Entered: 05/17/2013)
2013-05-2092Letter Motion from Kathryn Wyer for United States Department of Justice requesting Leave to File Motion to Reconsider in Compliance with Local Rules submitted to Judge Mordue . (Attachments: # 1 Proposed Order/Judgment)(Wyer, Kathryn) (Entered: 05/20/2013)
2013-05-2293TRANSCRIPT of Proceedings: Digitally Recorded Telephone Conference held on 5/13/2013 before Judge Dancks, Court Reporter/Transcriber: Eileen McDonough, Telephone number: 315-234-8546. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/12/2013. Redacted Transcript Deadline set for 6/24/2013. Release of Transcript Restriction set for 8/20/2013. Notice of Intent to Redact due by 5/28/2013 (etm, ) (Entered: 05/22/2013)
2013-05-2894RESPONSE TO LETTER BRIEF filed by David Burnham, Susan B. Long as to 92 Letter Request/Motion, filed by United States Department of Justice . (Attachments: # 1 Unpublished Decisions)(Crisp, Martin) (Entered: 05/28/2013)
2013-06-1195ORDER denying 92 the defendant's Letter Request for leave to file a motion for reconsideration. Signed by Judge Norman A. Mordue on 6/11/13. (jlr) (Entered: 06/11/2013)
2013-07-1696NOTICE by United States Department of Justice re Notice of Hearing, (Wyer, Kathryn) (Entered: 07/16/2013)
2013-07-1797RESPONSE TO LETTER BRIEF filed by David Burnham, Susan B. Long as to 96 Notice (Other) filed by United States Department of Justice . (Crisp, Martin) (Entered: 07/17/2013)
2013-07-17TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Status Conference held on 7/17/2013. Appearances: Martin Crisp, Esq. and Elaina Rappaport, Esq. for Plaintiff; Kathryn Wyer, Esq. for Defendant. Judge Dancks discusses Dkt. Nos. 96 and 97 with counsel. Judge Dancks grants Plaintiff's request for limited discovery. Counsel may serve limited discovery demands by 7/31/2013. A follow up conference will be scheduled. (FTR Recorded) (rjb, ) (Entered: 07/17/2013)
2013-07-17TEXT NOTICE of Hearing: Status Conference set for 9/10/2013 at 11:00 AM before Magistrate Judge Therese Wiley Dancks. Plaintiff's attorney is directed to initiate the call and should contact chambers at (315) 234-8618 once all counsel are on the line. This number is a conference line and should be used only at the time of the conference.(rjb, ) (Entered: 07/17/2013)
2013-07-2398TRANSCRIPT REQUEST by David Burnham, Susan B. Long for proceedings held on July 17, 2013 before Judge Therese Wiley Dancks.. (Crisp, Martin) (Entered: 07/23/2013)
2013-07-2599TRANSCRIPT of Proceedings: Digitally-Recorded Telephone Conference held on July 17, 2013 before Judge Therese Wiley Dancks, Court Reporter/Transcriber: Theresa J. Casal, Telephone number: 518.257.1897. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/15/2013. Redacted Transcript Deadline set for 8/26/2013. Release of Transcript Restriction set for 10/23/2013. Notice of Intent to Redact due by 7/30/2013 (tjc, ) (Entered: 07/25/2013)
2013-08-28100STIPULATION re Notice of Hearing, (Request for Adjournment) by United States Department of Justice submitted to Judge Dancks. (Wyer, Kathryn) (Entered: 08/28/2013)
2013-08-29101TEXT ORDER approving 100 Stipulation. Responses to discovery requests due by 9/24/2013. Status Conference set for 9/10/2013 is rescheduled for 10/1/2013 at 10:00 AM before Magistrate Judge Therese Wiley Dancks. Plaintiff's attorney is directed to initiate the call and should contact chambers at (315) 234-8618 once all counsel are on the line. This number is a conference line and should be used only at the time of the conference. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 8/29/13. (rjb, ) (Entered: 08/29/2013)
2013-09-24102Consent Letter Motion from Kathryn Wyer for United States Department of Justice requesting Stay submitted to Judge Dancks . (Attachments: # 1 Proposed Order/Judgment)(Wyer, Kathryn) (Entered: 09/24/2013)
2013-09-25103TEXT ORDER: The Court has reviewed letter motion (Dkt. No. 102) requesting a stay of discovery. Letter motion denied. However, deadline for Defendant to respond to Plaintiffs' discovery requests extended to 10/24/2013; Defendant to submit joint status report on settlement negotiations by 10/18/2013; conference call set for 10/1/2013 is rescheduled for 10/28/2013 at 11:00 AM. Plaintiff's attorney is directed to initiate the call and should contact chambers at (315) 234-8618 once all counsel are on the line. This number is a conference line and should be used only at the time of the conference. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 9/25/13. (rjb, ) (Entered: 09/25/2013)
2013-09-25104Letter Motion from Martin J. Crisp for David Burnham, Susan B. Long requesting clarification from the Court that the September 25, 2013 Order is intended to extend to October 24, 2013 both sides respective deadlines to respond to the other sides outstanding discovery requests submitted to Judge Therese Wiley Dancks . (Crisp, Martin) (Entered: 09/25/2013)
2013-09-25105TEXT ORDER: The Court has reviewed letter motion (Dkt. No. 104) for clarification. Letter motion granted. Text order (Dkt. No. 103) is clarified to include that the deadline for Plaintiffs to respond Defendant's discovery requests also extended to 10/24/2013. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 9/25/13. (rjb, ) (Entered: 09/25/2013)
2013-10-16106Unopposed Letter Motion from Kathryn Wyer for United States Department of Justice requesting Stay submitted to Judge Dancks . (Attachments: # 1 Exhibit(s) A - General Order #48, # 2 Proposed Order/Judgment)(Wyer, Kathryn) (Entered: 10/16/2013)
2013-10-16107TEXT ORDER: The Court has reviewed Dkt. No. 106. All current deadlines in this action are stayed consistent with General Order #48. The status conference scheduled for 10/28/2013 is adjourned without date. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 10/16/13. (rjb, ) (Entered: 10/16/2013)
2013-10-18108TEXT ORDER: Deadline for parties to respond to all outstanding discovery requests extended to 11/15/2013. Defendant to submit joint status report on settlement negotiations by 11/8/2013. Conference call previously scheduled for 10/28/2013 is rescheduled for 11/19/2013 at 10:00 AM. Plaintiff's attorney is directed to initiate the call and should contact chambers at (315) 234-8618 once all counsel are on the line. This number is a conference line and should be used only at the time of the conference. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 10/18/13. (rjb, ) (Entered: 10/18/2013)
2013-11-08109STATUS REPORT (Joint) and Request for Extension of Time by United States Department of Justice. (Attachments: # 1 Proposed Order/Judgment)(Wyer, Kathryn) Modified on 11/12/2013 (rjb, ). (Entered: 11/08/2013)
2013-11-12110TEXT ORDER: The Court has reviewed status report and letter motion (Dkt. No. 109) for extension. In view of the delays caused by the government shutdown, the deadline for the parties to respond to written discovery requests is now 12/4/2013. The status conference call previously scheduled for 11/19/2013 is rescheduled for 12/19/2013 at 11:00 AM. Plaintiff's attorney is directed to initiate the call and should contact chambers at (315) 234-8618 once all counsel are on the line. This number is a conference line and should be used only at the time of the conference. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 11/12/13. (rjb, ) (Entered: 11/12/2013)
2013-12-02111Unopposed Letter Motion from Kathryn Wyer for United States Department of Justice requesting Extension of Time submitted to Judge Dancks . (Attachments: # 1 Proposed Order/Judgment)(Wyer, Kathryn) (Entered: 12/02/2013)
2013-12-03112TEXT ORDER: The Court has reviewed letter motion (Dkt. No. 111) for extension. Letter motion granted as follows: the deadline for parties to respond to written discovery requests is extended to and including 12/18/2013. NO FURTHER EXTENSIONS WILL BE GRANTED. Conference call scheduled for 12/19/2013 is rescheduled for 12/30/2013 at 11:00 AM. Plaintiff's attorney is directed to initiate the call and should contact chambers at (315) 234-8618 once all counsel are on the line. This number is a conference line and should be used only at the time of the conference. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 12/3/13. (rjb, ) (Entered: 12/03/2013)
2013-12-12TEXT NOTICE of Hearing CHANGE: At the request of Plaintiff's counsel, the Status Conference set for 12/30/2013 is rescheduled for 1/3/2014 at 11:00 AM before Magistrate Judge Therese Wiley Dancks. Plaintiff's attorney is directed to initiate the call and should contact chambers at (315) 234-8618 once all counsel are on the line. This number is a conference line and should be used only at the time of the conference.(rjb, ) (Entered: 12/12/2013)
2013-12-16113Joint Letter Motion from Kathryn Wyer for United States Department of Justice requesting a Stay of Proceedings submitted to Judge Dancks on behalf of all parties . (Attachments: # 1 Proposed Order/Judgment)(Wyer, Kathryn) (Entered: 12/16/2013)
2013-12-17114TEXT ORDER : The Court has reviewed letter motion (Dkt. No. 113) for a stay of discovery proceedings. Letter motion denied. However, for good cause shown the deadline for parties to response to written discovery requests is extended to January 17, 2014. Conference call previously scheduled for January 3, 2013 shall go forward as scheduled. Parties should be prepared to discuss status of settlement negotiations in detail with the Court at that time. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 12/17/13. (rjb, ) (Entered: 12/17/2013)
2014-01-03TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Status Conference held on 1/3/2014. Appearances: Martin Crisp, Esq. and Meredythe Ryan, Esq. for Plaintiff; Kathryn Wyer, Esq. for Defendant. Parties report on the status of settlement negotiations. Judge Dancks extends deadline to serve discovery responses to 2/28/2014. Plaintiff's counsel to submit status report by 1/24/2014 regarding status of the draft agreement and the information from the remaining districts. A follow up conference will be scheduled. (FTR Recorded) (rjb, ) (Entered: 01/03/2014)
2014-01-06TEXT NOTICE of Hearing: Status Conference set for 2/18/2014 at 10:00 AM before Magistrate Judge Therese Wiley Dancks. Defendant's attorney is directed to initiate the call and should contact chambers at (315) 234-8618 once all counsel are on the line. This number is a conference line and should be used only at the time of the conference.(rjb, ) (Entered: 01/06/2014)
2014-01-06115TRANSCRIPT REQUEST by David Burnham, Susan B. Long for proceedings held on 01/03/2014 before Judge Dancks.. (Attachments: # 1 Transcript Order)(Crisp, Martin) (Entered: 01/06/2014)
2014-01-13116TRANSCRIPT of Proceedings: Digitally-Recorded Status Conference held by telephone held on 1/3/2014 before Judge Therese Wiley Dancks, Court Reporter/Transcriber: Jodi L. Hibbard, Telephone number: (315) 234-8547. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/3/2014. Redacted Transcript Deadline set for 2/13/2014. Release of Transcript Restriction set for 4/14/2014. Notice of Intent to Redact due by 1/21/2014 (jlh, ) (Entered: 01/13/2014)
2014-01-24117STATUS REPORT regarding the status of parties' settlement discussions regarding the remaining CASES data at issue in this action by David Burnham, Susan B. Long. (Crisp, Martin) (Entered: 01/24/2014)
2014-01-28118TEXT ORDER: Court has reviewed and appreciates Dkt. No. 117. Defendant to provide further status report to court by 2/10/2014 regarding draft settlement agreement and further information from remaining districts. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/28/14. (rjb, ) (Entered: 01/28/2014)
2014-02-10119STATUS REPORT regarding the status of the parties' settlement discussions by United States Department of Justice. (Wyer, Kathryn) (Entered: 02/10/2014)
2014-02-11120TEXT ORDER: Court has reviewed and appreciates information in Dkt. No. 119. Plaintiffs' counsel to provide further status report on settlement discussions and draft agreement by 2/17/2014. Deadline for all parties to serve discovery responses remains 2/28/2014 per Text Minute Entry from 1/3/2014 telephone conference. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/11/14. (rjb, ) (Entered: 02/11/2014)
2014-02-17121STATUS REPORT regarding the status of the parties settlement discussions concerning the remaining CASES data at issue in this action, and any related draft settlement agreement. by David Burnham, Susan B. Long. (Crisp, Martin) (Entered: 02/17/2014)
2014-02-18TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Status Conference held on 2/18/2014. Appearances: Martin Crisp, Esq. and Meredythe Ryan, Esq. for Plaintiff; Kathryn Wyer, Esq. for Defendant. Counsel report on the status of settlement negotiations. Plaintiff will send a revised draft to Defendant's counsel by 2/20/2014. A judgment by reason of settlement will be entered by the Court. (FTR Recorded) (rjb, ) (Entered: 02/18/2014)
2014-02-18122JUDGMENT DISMISSING ACTION BASED UPON SETTLEMENT. This case is hereby DISMISSED in its entirety without prejudice to re-opening upon the motion of any party within sixty (60) days of the date of the filing of this order; the dismissal of the action shall become with prejudice on the sixty-first (61) day after the date of the filing of this order. The parties are directed to exchange general releases and file a Stipulation of Discontinuance with the Court. Signed by Senior Judge Norman A. Mordue on 2/18/2014. (lah, ) (Entered: 02/18/2014)
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