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Case TitleBLOCHE et al v. DEPARTMENT OF DEFENSE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2007cv02050
Date Filed2007-11-13
Date ClosedOpen
JudgeJudge Rudolph Contreras
PlaintiffM. GREGG BLOCHE M.D.
PlaintiffJONATHAN H. MARKS
Case DescriptionGregg Bloche and Jonathan Marks, two bioethics experts, submitted FOIA requests to the Department of Defense for records concerning the duties and roles of healthcare professionals participating in interrogations. Several components responded, requiring Bloche and Marks to file administrative appeals. But after none of the agencies had responded further to their requests, Bloche and Marks filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDEPARTMENT OF DEFENSE
DefendantCOUNTERINTELLIGENCE FIELD ACTIVITY
DefendantDEFENSE ADVANCE RESEARCH PROJECTS AGENCY
DefendantDEFENSE INTELLIGENCE AGENCY
DefendantUNITED STATES DEPARTMENT OF THE ARMY
DefendantDEPARTMENT OF THE NAVY
DefendantUNITED STATES AIR FORCE
DefendantCENTRAL INTELLIGENCE AGENCY
DefendantOFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [30]
FOIA Project Annotation: Magistrate Judge John Facciola has ruled that a motion to amend the FOIA complaint of Gregg Bloche and Jonathan Marks to show that the CIA had not yet responded to their request should be denied. Bloche and Marks had made requests to various agencies for records concerning the participation of doctors and healthcare professionals in the interrogation of military prisoners based on alleged terrorist activities. Facciola expressed doubt that an amendment at this point in time would accomplish anything. He noted that "although supplementation of the complaint would not create any undue surprise for defendants and although the supplemental facts are clearly connected to the original pleading, the parties are close to a final resolution of the case, less than one month shy of the filing of dispositive motions." He added that "it is hard to understand what possible purpose would be served by permitting plaintiffs to supplement their complaint by pleading that the CIA has not 'issued a determination' with respect to FOIA requests that were submitted in July 2006. . .[A]s the government correctly points out, I have already ruled that the presumption that the requests, having been mailed, were received by the CIA, is overcome by the unequivocal assertion by the CIA that the agency did not received them: 'Without proof that the CIA actually received the letters, plaintiffs' claim, even when viewed alongside the presumption created by the mailbox rule, lacks any force.' Thus, the assertion that the requests were submitted in July 2006 is defeated by countervailing proof. Permitting plaintiffs to make an incorrect assertion is wasteful." Facciola pointed out that even if the plaintiffs had to file another suit based on their December 2008 request, the case would still be joined with the pending action. He pointed out that "it would follow that the only practical consequence of the denial of this motion to supplement would be to save plaintiffs the filing fee of the new suit. That is hardly enough reason to preclude this case from coming to its prompt conclusion pursuant to the Orders that have been issued."
Issues: Litigation - Jurisdiction
Opinion/Order [84]
FOIA Project Annotation: Wrapping up a 10-year-old case, Senior Judge Frederick Scullin of the Northern District of New York has ruled that while a number of Exemption 5 (privileges) claims made by the Defense Department for records pertaining to ethical issues for medical professionals interrogating prisoners and detainees are sufficient, the agency failed to adequately support other claims. Ruling on a series of claims of deliberative process privilege or attorney-client privilege, Scullin noted that parts of a memo discussing talking points for training medical professionals in detainee operations were not deliberative. He pointed out that "commenting on another agency's training format is not deliberative, but rather explanatory. Although information that compares the sister service's training program to Defendant's own training program might possibly be described as deliberative, Defendant has not made this showing," Finding that another description also fell short, Scullin indicated that "Defendant merely labels this document 'draft guidance for policy and procedures for medical support of detainee operations.' There is no factual basis to support Defendant's claim." He also was skeptical of a redaction in an email discussing a Washington Post article. He observed that "although some of the material in the email may be privileged attorney-client communication, the context and the inclusion of the Washington Post article give this Court pause regarding whether Defendant properly segregated any factual material or general commentary regarding the article."
Issues: Exemption 5 - Privileges - Attorney-client privilege, Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Exemption 5 - Privileges - Deliberative process privilege - Predecisional
Opinion/Order [107]
FOIA Project Annotation: In the most recent installment of a 12-year old FOIA suit brought by Gregg Bloche and Jonathan Marks for records concerning the role of medical professionals in the design and implementation of interrogation tactics in the early to mid-2000s, Judge Rudolph Contreras has ruled that some of the exemption claims made by the Department of the Navy, the Office of the Assistant Secretary of Defense for Health Affairs, and the Deputy General Counsel for Personnel and Health Policy are insufficiently supported to allow Contreras to rule for either party and that, as a result, he has ordered the agencies to provide the records for in camera inspection. Contreras was particularly focused on deliberative process privilege claims made under Exemption 5 (privilege). He found that the agencies had sufficiently supported their privilege claims in most instances but found seven documents that required further review. One was a claim by Personnel and Health Policy that a signature page was deliberative. Contreras, however, pointed out that "to the contrary, it seems that a signature page would be the culmination of the policymaking effort, not part of the deliberations leading up to it." Contreras approved of the segregability analysis performed by the Navy and the Office of Health Affairs but rejected segregability claims made by Personnel and Health Policy as insufficient. He pointed out that "the agency instead asks the Court to infer that it has met its obligation based on the fact that it has released a large portion of its privileged documents in part. But the Court declines this invitation; courts typically require sworn declarations or affidavits to avoid such conjecture." Contreras upheld the agencies' claims under Exemption 1 (national security) but found that the Navy's claim under Exemption 7(E) (investigative methods or techniques) had not been sufficiently justified. He indicated that while he could easily envision that the records were compiled for law enforcement purposes, "the Court cannot be required to make such assumptions; the burden is on the Navy to establish the requisite nexus." Bloche and Marks challenged the agencies' claim that email domain names were protected under Exemption 6 (invasion of privacy). Contreras was skeptical as well, noting that "perhaps, in some instances, an email domain could be so unique that it risked revealing the identity of the address holder, but Defendants have not even attempted to make such a showing here." Nevertheless, he allowed the agencies to provide further substantiation if they continued to press the Exemption 6 claim.
Issues: Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Exemption 6 - Invasion of privacy, Exemption 7(E) - Prosecutorial guidelines - Risk of circumvention
Opinion/Order [118]
FOIA Project Annotation: Ruling in a case concerning the involvement of medical professionals in designing and implementing interrogation tactics that began in 2007 and involves multiple agencies, Judge Rudolph Contreras has found that some agency claims made under Exemption 5 (privileges) or Exemption 7(E) (investigative methods or techniques) are appropriate while for others the agencies have so far failed to justify the application of the exemptions. Gregg Bloche and Jonathan Marks submitted the requests. They challenged whether one document created in 2008 two years after their requests were submitted could qualify as either predecisional or deliberative, particularly since it was shared with Physicians for Human Rights. Contreras pointed out that "plaintiffs misconstrue the relevant policymaking timeline. Here, as Defendants note, the policy deliberations concerned whether to amend the policy in 2008. An agency may deliberate about potential changes to a policy before concluding that there should be no amendment, and the privilege may still apply so long as the agency establishes the role that the documents at issue played in the deliberative process." But Contreras questioned whether PHR qualified as a consultant. He noted that the agency "has not provided enough explanation about its relationship with PHR, a non-agency actor, for the Court to assess whether [the agency] may properly rely on the 'consultant corollary exception to Exemption 5. It is true. . . that the involvement of an entity outside of the agency in generating a document does not necessarily bar the application of the privilege. But there are limitations on when an agency can rely on this exception. Critically, an agency can invoke the consultant corollary only if the 'outside consultant did not have its own interests in mind.'" Bloche and Marks challenged the Navy's decision to withhold several records originating from NCIS under Exemption 7(E). Finding that the records qualified under 7(E), Contreras observed that "based on the titles of the materials and the agency's discussion of them, the documents were drafted to reevaluate the agency's approach to interrogation." He then pointed out that the Navy's justification for claiming the exemption was insufficient but noted that regardless "the Court's in camera review of the document indicates that the partial redaction is appropriate in order for Navy to shield particular details of its interrogations strategy." Contreras approved of the Army's deliberative process claims except for redactions in documents for which the agency no longer could locate the originally unredacted version. For those, Contreras indicated, the Army would have to provide more detail. He also upheld the Army's claims under the attorney-client privilege. While he accepted other claims made by the Army under the attorney work-product privilege, he rejected others because they failed to show a realistic prospect of litigation. As to one of those claims, Contreras pointed out that "this speculative future prospect of possible litigation, without more, does not suffice to establish that material is privileged pursuant to the work product doctrine." For the remaining 40 documents, the Army claimed a combination of the deliberative process privilege and the attorney-client privilege, arguing that both privileges could apply. Contreras agreed with Bloche and Marks that there was a distinction between the privileges that the Army had not adequately explained. He noted that "the problem stems from the language that Army invokes and the manner in which it claims both privileges without any particularity as to which privilege applies to which portions of the document." He then concluded that the Army had not yet shown that it conducted an adequate segregability analysis.
Issues: Exemption 5 - Privileges - Deliberative process privilege - Predecisional, Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Exemption 5 - Privileges - Attorney work-product privilege compiled in anticipation of litigation, Exemption 5 - Privileges - Attorney-client privilege
Opinion/Order [126]
FOIA Project Annotation: After receiving supplementary affidavits from those agencies whose exemption claims he had previously found not sufficiently supported, Judge Rudolph Contreras has ruled that the Army, the Defense Intelligence Agency, and the Joint Task Force at Guantanamo have now shown that their exemption claims and segegability analyses were appropriate. With a single exception, Contreras resolved a 13-year-old case filed by Gregg Bloche and Jonathan Marks for records concerning medical professionals participation in torture, finding that claims made under Exemption 5 (privileges), Exemption 1 (national security), Exemption 3 (other statutes), and Exemption 7(E) (investigative methods and techniques) were appropriate.
Issues: Litigation - Segregability analysis
Opinion/Order [131]
FOIA Project Annotation: Judge Rudolph Contreras has resolved the remaining issues in a 13-year-old FOIA suit brought by Gregg Bloche and Jonathan Marks for records concerning the involvement of medical professionals in designing and implementing interrogation tactics during the Bush administration. In May, Contreras had wrapped up all the remaining issues except the Army's explanation as to its justification for its use of Exemption 5 (privileges) to withhold records under the deliberative process privilege and the attorney-client privilege. Although Contreras indicated in his earlier decision that the privilege claims might well be appropriate, he found that the Army's had not provided a sufficient justification. This time, however, Contreras found that the Army's supplemental explanation was acceptable. He noted that the remaining disputed documents consisted of an email exchange "between the attorney and the assistant with respect to health policy recommendations for modifying two entries on Army's comment matrix regarding a predecisional draft of Department of Defense Instruction." He pointed out that "Army clarifies that 'the assistant deputy for health policy sought legal advice from an Army attorney. . .and [the document] contains the Army attorney's legal advice and recommendations." Accepting the privilege claims with the added explanation, Contreras observed that "the added detail pertaining to [the disputed email exchange] satisfies the requirements for both the deliberative process privilege and the attorney-client privilege. . .Army has sufficiently updated its justification for the attorney-client privilege because it has demonstrated that the document involved a confidential communication regarding legal advice between the Army attorney and the assistant deputy."
Issues: Exemption 5 - Privileges - Attorney-client privilege, Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Exemption 5 - Privileges - Deliberative process privilege - Predecisional
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2007-11-131COMPLAINT against DEPARTMENT OF THE ARMY, DEPARTMENT OF THE NAVY, UNITED STATES AIR FORCE, CENTRAL INTELLIGENCE AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, DEPARTMENT OF DEFENSE, COUNTERINTELLIGENCE FIELD ACTIVITY, DEFENSE ADVANCED RESEARCH PROJECTS AGENCY, DEFENSE INTELLIGENCE AGENCY ( Filing fee $ 350, receipt number 4616008236) filed by M. GREGG BLOCHE, JONATHAN H. MARKS. (Attachments: # 1 Civil Cover Sheet)(lc, ) (Entered: 11/15/2007)
2007-11-13SUMMONS (11) Issued as to DEPARTMENT OF THE ARMY, DEPARTMENT OF THE NAVY, UNITED STATES AIR FORCE, CENTRAL INTELLIGENCE AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, DEPARTMENT OF DEFENSE, COUNTERINTELLIGENCE FIELD ACTIVITY, DEFENSE ADVANCED RESEARCH PROJECTS AGENCY, DEFENSE INTELLIGENCE AGENCY, U.S. Attorney and U.S. Attorney General (lc, ) (Entered: 11/15/2007)
2007-12-142Unopposed MOTION for Extension of Time to File Answer by DEPARTMENT OF THE ARMY, DEPARTMENT OF THE NAVY, UNITED STATES AIR FORCE, CENTRAL INTELLIGENCE AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, DEPARTMENT OF DEFENSE, COUNTERINTELLIGENCE FIELD ACTIVITY, DEFENSE ADVANCED RESEARCH PROJECTS AGENCY, DEFENSE INTELLIGENCE AGENCY (Attachments: # 1 Text of Proposed Order)(Shapiro, Elizabeth) (Entered: 12/14/2007)
2007-12-14Minute order granting 2 defendants' unopposed motion for enlargement of time to respond to the complaint. Defendants shall have up to and including January 14, 2008, within which to serve an answer, move, or otherwise plead to plaintiffs' complaint. Signed by Judge Henry H. Kennedy, Jr., on December 14, 2007. Official paperless order (FL, ) (Entered: 12/14/2007)
2007-12-18Reset Deadlines: Answer due by 1/14/2008. (tj ) (Entered: 12/18/2007)
2008-01-143ANSWER to 1 Complaint, by DEPARTMENT OF THE ARMY, DEPARTMENT OF THE NAVY, UNITED STATES AIR FORCE, CENTRAL INTELLIGENCE AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, DEPARTMENT OF DEFENSE, COUNTERINTELLIGENCE FIELD ACTIVITY, DEFENSE ADVANCED RESEARCH PROJECTS AGENCY, DEFENSE INTELLIGENCE AGENCY. Related document: 1 Complaint, filed by JONATHAN H. MARKS, M. GREGG BLOCHE.(Ullman, Susan) (Entered: 01/14/2008)
2008-01-174ORDER to submit proposed schedule for dispositive motions. Signed by Judge Henry H. Kennedy, Jr. on January 17, 2008. (NP) (Entered: 01/17/2008)
2008-02-085NOTICE of Proposed Order by M. GREGG BLOCHE (Attachments: # 1 Text of Proposed Order)(Vladeck, David) (Entered: 02/08/2008)
2008-02-086NOTICE of Proposed Order Defendants' Response to Court Order of January 17, 2008 by DEPARTMENT OF THE ARMY, DEPARTMENT OF THE NAVY, UNITED STATES AIR FORCE, CENTRAL INTELLIGENCE AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, DEPARTMENT OF DEFENSE, COUNTERINTELLIGENCE FIELD ACTIVITY, DEFENSE ADVANCED RESEARCH PROJECTS AGENCY, DEFENSE INTELLIGENCE AGENCY re 4 Order (Attachments: # 1 Text of Proposed Order)(Ullman, Susan) (Entered: 02/08/2008)
2008-02-117ORDER that defendants will process and release documents responsive to the FOIA requests on a rolling basis, with all reasonable documents provided to plaintiffs on or before 7/31/08; Defendant's dispositive motions due by 9/15/2008; Plaintiff's opposition due by 10/15/2008; and defendants reply due by 11/5/2008 Signed by Judge Henry H. Kennedy on 2/11/08. (tj, ) (Entered: 02/11/2008)
2008-07-318Unopposed MOTION for Extension of Time to Release Documents by DEPARTMENT OF THE ARMY, DEPARTMENT OF THE NAVY, UNITED STATES AIR FORCE, CENTRAL INTELLIGENCE AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, DEPARTMENT OF DEFENSE, COUNTERINTELLIGENCE FIELD ACTIVITY, DEFENSE ADVANCED RESEARCH PROJECTS AGENCY, DEFENSE INTELLIGENCE AGENCY (Attachments: # 1 Text of Proposed Order)(Ullman, Susan) (Entered: 07/31/2008)
2008-08-049ORDER granting defendants motion for an enlargement of time to release documents. 8 (Signed by Judge Henry H. Kennedy on 8/1/08) (tj ) (Entered: 08/05/2008)
2008-08-1210MOTION to Compel Defendant CIA to Process Two of Plaintiffs' FOIA Requests by M. GREGG BLOCHE (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Declaration of David C. Vladeck, # 6 Text of Proposed Order)(Sabbeth, Kathryn) (Entered: 08/12/2008)
2008-08-1511ORDER REFERRING MOTION: 10 Plaintiffs' Motion for an Order Compelling Defendant Central Intelligence Agency to Process Two of Plaintiffs' FOIA Requests is referred to United States Magistrate Judge John M. Facciola for his determination. Signed by Judge Henry H. Kennedy, Jr. on August 15, 2008. (NP) (Entered: 08/15/2008)
2008-08-1512CASE REFERRED to Magistrate Judge John M. Facciola for discovery purposes. (ls, ) (Entered: 08/18/2008)
2008-08-1813ORDER re referral to Judge Facciola for plaintiffs' motion to compel. Signed by Magistrate Judge John M. Facciola on 8/18/08. (SP, ) (Entered: 08/18/2008)
2008-08-2514Memorandum in opposition to re 10 MOTION to Compel Defendant CIA to Process Two of Plaintiffs' FOIA Requests filed by DEPARTMENT OF THE ARMY, DEPARTMENT OF THE NAVY, UNITED STATES AIR FORCE, CENTRAL INTELLIGENCE AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, DEPARTMENT OF DEFENSE, COUNTERINTELLIGENCE FIELD ACTIVITY, DEFENSE ADVANCED RESEARCH PROJECTS AGENCY, DEFENSE INTELLIGENCE AGENCY. (Attachments: # 1 Declaration Nelson - CIA Coordinator)(Ullman, Susan) (Entered: 08/25/2008)
2008-08-2915REPLY to opposition to motion re 10 MOTION to Compel Defendant CIA to Process Two of Plaintiffs' FOIA Requests filed by M. GREGG BLOCHE. (Attachments: # 1 Exhibit D - Email of January 22, 2008)(Sabbeth, Kathryn) (Entered: 08/29/2008)
2008-09-1516Joint MOTION for Extension of Time by M. GREGG BLOCHE. (Sabbeth, Kathryn) Modified on 9/16/2008 modified to motion (tr, ). (Entered: 09/15/2008)
2008-09-16NOTICE OF CORRECTED DOCKET ENTRY: re 16 Joint MOTION for Extension of Time for Defendants to Provide Declarations and Vaughn Indexes was changed from a Stipulation to a Motion, error has been corrected by clerk. (tr) (Entered: 09/16/2008)
2008-09-2417ORDER approving the joint stipulation 16 for an extension of time for defendants to provide declarations and Vaughn Indexes. The existing briefing schedule is VACATED. Signed by Judge Henry H. Kennedy on 9/24/08. (tj, ) (Entered: 09/24/2008)
2008-09-2918MOTION for Extension of Time to and for Approval of Proposed Vaughn Index by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Declaration of Delores Nelson, # 2 Exhibit E-Mail from Ullman to Sabbeth, # 3 Text of Proposed Order)(Ullman, Susan) (Entered: 09/29/2008)
2008-10-0919Memorandum in opposition to re 18 MOTION for Extension of Time to and for Approval of Proposed Vaughn Index filed by M. GREGG BLOCHE. (Attachments: # 1 Exhibit A: Email of Aug 18-08, # 2 Exhibit B - Email of Sept 12-08, # 3 Exhibit C - Example Indexes, # 4 Exhibit D - Example Indexes, # 5 Exhibit E - Amnesty Interntional Stipulation, # 6 Text of Proposed Order Denying Defendant's Motion)(Sabbeth, Kathryn) (Entered: 10/09/2008)
2008-10-1420ORDER REFERRING MOTION: 18 Defendant Central Intelligence Agency's Motion for Extension of Time and for Approval of Proposed Vaughn Index is referred to United States Magistrate Judge John M. Facciola for his determination. Signed by Judge Henry H. Kennedy, Jr. on October 14, 2008. (NP) (Entered: 10/14/2008)
2008-10-1721Unopposed MOTION for Extension of Time to provide Declarations and Vaughn Indexes by DEPARTMENT OF DEFENSE, COUNTERINTELLIGENCE FIELD ACTIVITY, DEFENSE INTELLIGENCE AGENCY (Ullman, Susan) (Entered: 10/17/2008)
2008-10-20MINUTE ORDER granting 21 Unopposed Motion for Extension of Time for Defendants to Provide Declarations and Vaughn Indexes. Accordingly, the declarations and Vaughn indexes of defendant Department of Defense component Health Affairs Policy are due to Plaintiff on or before October 31, 2008. It is further ordered that the declarations and Vaughn indexes of defendants Counterintelligence Field Activity and the Defense Intelligence Agency are due to plaintiff on or before November 12, 2008. Signed by Judge Henry H. Kennedy, Jr. on October 20, 2008. (NP) (Entered: 10/20/2008)
2008-10-2122REPLY to opposition to motion re 18 MOTION for Extension of Time to and for Approval of Proposed Vaughn Index filed by CENTRAL INTELLIGENCE AGENCY. (Ullman, Susan) (Entered: 10/21/2008)
2008-10-22Motion terminated: 16 Joint Stipulation for Extension of Time for Defendants to Provide Declarations and Vaughn Indexes. Stipulation approved on September 24, 2008 in docket entry 17 . Signed by Judge Henry H. Kennedy, Jr. on October 22, 2008. (NP) (Entered: 10/22/2008)
2008-11-2023ORDER denying 10 Motion to Compel; granting 18 Motion for Extension of Time. Signed by Magistrate Judge John M. Facciola on 11/20/08. (SP, ) (Entered: 11/20/2008)
2009-03-0224MOTION to Amend/Correct 1 Complaint, by M. GREGG BLOCHE (Attachments: # 1 Memorandum in Support of Motion to Amend Complaint, # 2 Exhibit A: Proposed Amended Complaint, # 3 Text of Proposed Order)(Sabbeth, Kathryn) (Entered: 03/02/2009)
2009-03-1625Memorandum in opposition to re 24 MOTION to Amend/Correct 1 Complaint, filed by DEPARTMENT OF THE ARMY, DEPARTMENT OF THE NAVY, UNITED STATES AIR FORCE, CENTRAL INTELLIGENCE AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, DEPARTMENT OF DEFENSE, COUNTERINTELLIGENCE FIELD ACTIVITY, DEFENSE ADVANCED RESEARCH PROJECTS AGENCY, DEFENSE INTELLIGENCE AGENCY. (Attachments: # 1 Exhibit CIA letter to Plaintiffs)(Ullman, Susan) (Entered: 03/16/2009)
2009-03-1726ORDER REFERRING MOTION: 24 Plaintiff's Motion for Leave to Amend Complaint is referred to United States Magistrate Judge John M. Facciola. Signed by Judge Henry H. Kennedy, Jr. on March 17, 2009. (NP) (Entered: 03/17/2009)
2009-03-2427CASE RE-REFERRED to Magistrate Judge John M. Facciola for 24 MOTION to Amend/Correct Complaint, by M. GREGG BLOCHE. (kb) (Entered: 03/25/2009)
2009-03-2628REPLY to opposition to motion re 24 MOTION to Amend/Correct 1 Complaint, filed by M. GREGG BLOCHE. (Sabbeth, Kathryn) (Entered: 03/26/2009)
2009-05-1329ORDER denying 24 Motion to Amend/Correct. Signed by Magistrate Judge John M. Facciola on 5/13/09. (SP, ) (Entered: 05/13/2009)
2009-05-1330MEMORANDUM AND OPINION. Signed by Magistrate Judge John M. Facciola on 5/13/09. (SP, ) (Entered: 05/13/2009)
2009-05-1531MOTION for Extension of Time to Provide Vaughn Index by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Text of Proposed Order)(Ullman, Susan) (Entered: 05/15/2009)
2009-05-18MINUTE ORDER granting 31 Defendant Central Intelligence Agency's Motion for Extension of Time to Provide Vaughn Index. On or before May 22, 2009, the parties will inform the court of an agreed upon schedule, or if the parties are unable to agree, Defendant Central Intelligence Agency will move for an extension until a date certain. Signed by Judge Henry H. Kennedy, Jr. on May 18, 2009. (lchhk1) (Entered: 05/18/2009)
2009-05-2232Consent MOTION for Extension of Time to Provide a Schedule for Re-Processing and a Vaughn Index by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Text of Proposed Order)(Ullman, Susan) (Entered: 05/22/2009)
2009-05-2833NOTICE Joint Stipulation for Amendment of Complaint, Responses to Certain Requests Addressed Therein, and Extension of Time for Remaining Requests by CENTRAL INTELLIGENCE AGENCY re 32 Consent MOTION for Extension of Time to Provide a Schedule for Re-Processing and a Vaughn Index (Ullman, Susan) (Entered: 05/28/2009)
2009-05-29MINUTE ORDER granting 32 Consent MOTION for Extension of Time to Provide a Schedule for Re-Processing and a Vaughn Index by CENTRAL INTELLIGENCE AGENCY. Further,the parties joint stipulation [#33] is approved and SO ORDERED. (Kennedy, Henry) (Entered: 05/29/2009)
2009-06-1834Answer to First Amended Complaint Paragraph 29 ANSWER to Complaint by CENTRAL INTELLIGENCE AGENCY. Related document: 1 Complaint, filed by JONATHAN H. MARKS, M. GREGG BLOCHE.(Ullman, Susan) (Entered: 06/18/2009)
2009-07-0135NOTICE OF SUBSTITUTION OF COUNSEL by Brian Wolfman on behalf of all plaintiffs Substituting for attorney Kathryn A. Sabbeth (Wolfman, Brian) (Entered: 07/01/2009)
2009-07-0136NOTICE OF WITHDRAWAL OF APPEARANCE as to M. GREGG BLOCHE, JONATHAN H. MARKS. Attorney David C. Vladeck terminated. (Wolfman, Brian) (Entered: 07/01/2009)
2010-01-2737NOTICE of Date to Provide Vaughn Index by CENTRAL INTELLIGENCE AGENCY (Ullman, Susan) (Entered: 01/27/2010)
2011-03-0238MOTION for Partial Summary Judgment Against Defendant United States Air Force by M. GREGG BLOCHE, JONATHAN H. MARKS (Attachments: # 1 Declaration Declaration of M. Gregg Bloche, # 2 Exhibit Air Force First Production, # 3 Exhibit Air Force Second Production, # 4 Exhibit Air Force Third Production, # 5 Exhibit Air Force OSI Rerelease, # 6 Exhibit Air Force JAG Production, # 7 Exhibit Air Force OGC Production, # 8 Exhibit Air Force Vaughn Index, # 9 Exhibit Air Force Declarations, # 10 Text of Proposed Order)(Wolfman, Brian) (Entered: 03/02/2011)
2011-03-1739Unopposed MOTION for Extension of Time to File Response/Reply to plaintiffs' motion for partial summary judgment by UNITED STATES AIR FORCE (Attachments: # 1 Text of Proposed Order)(Ullman, Susan) (Entered: 03/17/2011)
2011-03-18MINUTE ORDER granting 39 Defendant's Unopposed Motion for Extension of Time to Respond to Plaintiff's Motion for Partial Summary Judgment. Accordingly, defendant's response is due on June 21, 2011. Signed by Judge Henry H. Kennedy, Jr. on March 18, 2011. (NP) (Entered: 03/18/2011)
2011-06-2040Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motion for Partial Summary Judgment by UNITED STATES AIR FORCE (Attachments: # 1 Text of Proposed Order)(Ullman, Susan) (Entered: 06/20/2011)
2011-06-20MINUTE ORDER granting 40 Defendant United States Air Force's Unopposed Second Motion for an Extension of Time. Accordingly, defendant's response to the plaintiff's motion for partial summary judgment is due on September 2, 2011. Signed by Judge Henry H. Kennedy, Jr. on June 20, 2011. (NP) (Entered: 06/20/2011)
2011-08-3041Joint MOTION for Extension of Time to Present a Plan to the Court by M. GREGG BLOCHE, CENTRAL INTELLIGENCE AGENCY, COUNTERINTELLIGENCE FIELD ACTIVITY, DEFENSE ADVANCE RESEARCH PROJECTS AGENCY, DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE ARMY, DEPARTMENT OF THE NAVY (Ullman, Susan) (Entered: 08/30/2011)
2011-08-3042MINUTE ORDER granting 41 Joint Motion for Extension of Time to Present a Plan to the Court. No later than September 30, 2011, defendant shall respond to plaintiff's motion for a partial summary judgment or the parties shall propose a plan to dispose of the pending motion. Signed by Judge Henry H. Kennedy, Jr. on August 30, 2011. (lchhk2) (Entered: 08/30/2011)
2011-09-3043Cross MOTION for Partial Summary Judgment by UNITED STATES AIR FORCE (Attachments: # 1 Memorandum in Support, # 2 Exhibit Plaintiffs 4 FOIA Requests, # 3 Declaration Cannon, # 4 Declaration Costa, # 5 Declaration Druschel, # 6 Declaration Price, # 7 Declaration Von Wald, # 8 Vaughn Index, # 9 Statement of Facts, # 10 Opposition to Plaintiffs' Statement of Facts, # 11 Text of Proposed Order)(Ullman, Susan) (Entered: 09/30/2011)
2011-09-3044Memorandum in opposition to re 38 MOTION for Partial Summary Judgment Against Defendant United States Air Force filed by UNITED STATES AIR FORCE. (See Docket Entry 43 to view document). (znmw, ) (Entered: 10/03/2011)
2011-10-0745Consent MOTION for Extension of Time to File Response/Reply as to 43 Cross MOTION for Partial Summary Judgment by M. GREGG BLOCHE, JONATHAN H. MARKS (Attachments: # 1 Text of Proposed Order)(Wolfman, Brian) (Entered: 10/07/2011)
2011-10-07MINUTE ORDER granting 45 Plaintiffs' Consent Motion for Extension of Time. Accordingly, plaintiffs' opposition to defendant's motion for partial summary judgment and plaintiffs' reply in support of plaintiffs' motion for partial summary judgment are due on October 31, 2011. Signed by Judge Henry H. Kennedy, Jr. on October 7, 2011. (NP) (Entered: 10/07/2011)
2011-10-3146Memorandum in opposition to re 43 Cross MOTION for Partial Summary Judgment by defendant Air Force filed by M. GREGG BLOCHE, JONATHAN H. MARKS. (Attachments: # 1 Exhibit Letter from Ullman to Wolfman, # 2 Text of Proposed Order)(Wolfman, Brian) (Entered: 10/31/2011)
2011-10-3147REPLY to opposition to motion re 38 MOTION for Partial Summary Judgment Against Defendant United States Air Force filed by M. GREGG BLOCHE, JONATHAN H. MARKS. (Attachments: # 1 Exhibit Letter from Ullman to Wolfman, # 2 Text of Proposed Order)(Wolfman, Brian) (Entered: 10/31/2011)
2011-11-0348Unopposed MOTION for Extension of Time to File Response/Reply by UNITED STATES AIR FORCE (Attachments: # 1 Text of Proposed Order)(Ullman, Susan) (Entered: 11/03/2011)
2011-11-1649ORDER by Chief Justice of the United States Supreme Court directing the designation and assignment of a United States District Judge for service in another circuit; assigning Judge Frederick J. Scullin, Jr. of the U.S. District Court for the Northern District of New York to the following cases: 04-cv-1161,05-cv-828,07-cv-2050,08-cv-1064,09-cv-1675 and 03-cv-2373. (Signed by Chief Justice John G. Roberts on 11/15/11) (jeb, ) (Entered: 11/16/2011)
2011-11-1650Case Reassigned to Judge Frederick J. Scullin, Jr. Judge Henry H. Kennedy no longer assigned to the case. (jeb, ) (Entered: 11/16/2011)
2011-12-0851REPLY to opposition to motion re 43 Cross MOTION for Partial Summary Judgment filed by UNITED STATES AIR FORCE. (Ullman, Susan) (Entered: 12/08/2011)
2011-12-14TEXT SCHEDULING NOTICE: As this case has recently been reassigned to Judge Frederick J. Scullin, Jr., a Status Conference is set for 2/16/2012 10:30 AM in Chambers. The parties will be notified when the location of chambers has been determined. (Scullin, Frederick) (Entered: 12/14/2011)
2012-01-30TEXT RESCHEDULING NOTICE: Due to a conflict in the Court's calendar: Status Conference reset for 3/14/2012 11:00 AM in Chambers before Judge Frederick J. Scullin Jr. Counsel will be notified of chambers location one week before conference date. (Scullin, Frederick) (Entered: 01/30/2012)
2012-02-21TEXT RESCHEDULING NOTICE: At the request of the parties:Status Conference reset for 3/12/2012 09:30 AM in Chambers before Judge Frederick J. Scullin Jr. Counsel will be notified of chambers location. (Scullin, Frederick) (Entered: 02/21/2012)
2012-02-2352MOTION for Partial Summary Judgment by M. GREGG BLOCHE, JONATHAN H. MARKS (Attachments: # 1 Declaration Second Bloche Declaration, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4-A, # 5 Exhibit 4-B, # 6 Exhibit 4-C, # 7 Exhibit 4-D, # 8 Exhibit 4-E, # 9 Exhibit 5-A, # 10 Exhibit 5-B, # 11 Exhibit 5-C, # 12 Exhibit 5-D, # 13 Exhibit 5-E, # 14 Exhibit 5-F, # 15 Exhibit 5-G, # 16 Exhibit 5-H, # 17 Exhibit 5-I, # 18 Exhibit 5-J, # 19 Exhibit 5-K, # 20 Exhibit 5-L, # 21 Exhibit 5-M, # 22 Exhibit 5-N, # 23 Exhibit 5-O, # 24 Exhibit 5-P, # 25 Exhibit 5-Q, # 26 Exhibit 5-R, # 27 Exhibit 5-S, # 28 Exhibit 5-T, # 29 Exhibit 5-U, # 30 Exhibit 5-V, # 31 Exhibit 5-W, # 32 Exhibit 6, # 33 Exhibit 7, # 34 Exhibit 8)(Wolfman, Brian) (Entered: 02/23/2012)
2012-02-2353LARGE ADDITIONAL ATTACHMENT(S) (First) by M. GREGG BLOCHE, JONATHAN H. MARKS 52 MOTION for Partial Summary Judgment filed by JONATHAN H. MARKS, M. GREGG BLOCHE. (Attachments: # 1 Exhibit 9-A, # 2 Exhibit 9-B, # 3 Exhibit 9-C, # 4 Exhibit 9-D, # 5 Exhibit 9-E, # 6 Exhibit 9-F, # 7 Exhibit 9-G, # 8 Exhibit 9-H, # 9 Exhibit 9-I, # 10 Exhibit 9-J, # 11 Exhibit 9-K, # 12 Exhibit 9-L, # 13 Exhibit 9-M, # 14 Exhibit 9-N, # 15 Exhibit 9-O, # 16 Exhibit 9-P, # 17 Exhibit 9-Q, # 18 Exhibit 9-R, # 19 Exhibit 9-S, # 20 Exhibit 9-T, # 21 Exhibit 9-U, # 22 Exhibit 9-V, # 23 Exhibit 9-W, # 24 Exhibit 9-X, # 25 Exhibit 9-Y, # 26 Exhibit 9-Z)(Wolfman, Brian) (Entered: 02/23/2012)
2012-02-2354LARGE ADDITIONAL ATTACHMENT(S) (Second) by M. GREGG BLOCHE, JONATHAN H. MARKS 52 MOTION for Partial Summary Judgment filed by JONATHAN H. MARKS, M. GREGG BLOCHE. (Attachments: # 1 Exhibit 9-AA, # 2 Exhibit 9-BB, # 3 Exhibit 9-CC, # 4 Exhibit 9-DD, # 5 Exhibit 9-EE, # 6 Exhibit 9-FF, # 7 Exhibit 9-GG, # 8 Exhibit 9-HH, # 9 Exhibit 9-II, # 10 Exhibit 9-JJ, # 11 Exhibit 9-KK, # 12 Exhibit 9-LL, # 13 Exhibit 9-MM, # 14 Exhibit 9-NN, # 15 Exhibit 9-OO, # 16 Exhibit 9-PP, # 17 Exhibit 9-QQ, # 18 Exhibit 9-RR, # 19 Exhibit 9-SS, # 20 Exhibit 9-TT, # 21 Exhibit 9-UU, # 22 Exhibit 9-VV, # 23 Exhibit 9-WW, # 24 Exhibit 9-XX, # 25 Exhibit 9-YY, # 26 Exhibit 10, # 27 Exhibit 11)(Wolfman, Brian) (Entered: 02/23/2012)
2012-02-2355LARGE ADDITIONAL ATTACHMENT(S) (Third) by M. GREGG BLOCHE, JONATHAN H. MARKS 52 MOTION for Partial Summary Judgment filed by JONATHAN H. MARKS, M. GREGG BLOCHE. (Attachments: # 1 Exhibit 12-A, # 2 Exhibit 12-B, # 3 Exhibit 12-C, # 4 Exhibit 12-D, # 5 Exhibit 12-E, # 6 Exhibit 12-F, # 7 Exhibit 12-G, # 8 Exhibit 12-H, # 9 Exhibit 12-I, # 10 Exhibit 12-J, # 11 Exhibit 12-K, # 12 Exhibit 12-L, # 13 Exhibit 12-M, # 14 Exhibit 12-N, # 15 Exhibit 12-O, # 16 Exhibit 12-P, # 17 Exhibit 12-Q, # 18 Exhibit 12-R, # 19 Exhibit 12-S, # 20 Exhibit 12-T, # 21 Exhibit 12-U, # 22 Exhibit 12-V, # 23 Exhibit 12-W, # 24 Exhibit 12-X, # 25 Exhibit 12-Y, # 26 Exhibit 12-Z)(Wolfman, Brian) (Entered: 02/23/2012)
2012-02-2356LARGE ADDITIONAL ATTACHMENT(S) (Fourth) by M. GREGG BLOCHE, JONATHAN H. MARKS 52 MOTION for Partial Summary Judgment filed by JONATHAN H. MARKS, M. GREGG BLOCHE. (Attachments: # 1 Exhibit 12-AA, # 2 Exhibit 12-BB, # 3 Exhibit 12-CC, # 4 Exhibit 12-DD, # 5 Exhibit 12-EE, # 6 Exhibit 12-FF, # 7 Exhibit 12-GG, # 8 Exhibit 12-HH, # 9 Exhibit 12-II, # 10 Exhibit 12-JJ, # 11 Exhibit 12-KK, # 12 Exhibit 12-LL, # 13 Exhibit 12-MM, # 14 Exhibit 12-NN, # 15 Exhibit 12-OO, # 16 Exhibit 12-PP, # 17 Exhibit 12-QQ, # 18 Exhibit 12-RR, # 19 Exhibit 12-SS, # 20 Exhibit 12-TT, # 21 Exhibit 12-UU, # 22 Exhibit 12-VV, # 23 Exhibit 12-WW, # 24 Exhibit 12-XX, # 25 Exhibit 12-YY, # 26 Exhibit 12-ZZ)(Wolfman, Brian) (Entered: 02/23/2012)
2012-02-2357LARGE ADDITIONAL ATTACHMENT(S) (Fifth) by M. GREGG BLOCHE, JONATHAN H. MARKS 52 MOTION for Partial Summary Judgment filed by JONATHAN H. MARKS, M. GREGG BLOCHE. (Attachments: # 1 Exhibit 12-AAA, # 2 Exhibit 12-BBB, # 3 Exhibit 12-CCC, # 4 Exhibit 12-DDD, # 5 Exhibit 12-EEE, # 6 Exhibit 12-FFF, # 7 Exhibit 12-GGG, # 8 Exhibit 12-HHH, # 9 Exhibit 12-III, # 10 Exhibit 12-JJJ, # 11 Exhibit 12-KKK, # 12 Exhibit 12-LLL, # 13 Exhibit 12-MMM, # 14 Exhibit 12-NNN, # 15 Exhibit 12-OOO, # 16 Exhibit 12-PPP, # 17 Exhibit 12-QQQ, # 18 Exhibit 12-RRR, # 19 Exhibit 12-SSS, # 20 Exhibit 12-TTT, # 21 Exhibit 12-UUU, # 22 Exhibit 12-VVV, # 23 Exhibit 12-WWW, # 24 Exhibit 12-XXX, # 25 Exhibit 12-YYY, # 26 Exhibit 12-ZZZ, # 27 Exhibit 12-AAAA, # 28 Exhibit 12-BBBB, # 29 Exhibit 12-CCCC, # 30 Exhibit 13, # 31 Exhibit 14, # 32 Exhibit 15, # 33 Exhibit 16)(Wolfman, Brian) (Entered: 02/23/2012)
2012-03-0658Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motion for Partial Summary Judgment by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE NAVY (Attachments: # 1 Text of Proposed Order)(Ullman, Susan) (Entered: 03/06/2012)
2012-03-07TEXT ORDER granting 58 Motion for Extension of Time to File Response/Reply re 52 MOTION for Partial Summary Judgment. Responses due by 5/7/2012 Replies due by 5/14/2012. The motion will be taken on submission.. IT IS SO ORDERED by Judge Frederick J. Scullin, Jr on 3/7/2012. (Scullin, Frederick) (Entered: 03/07/2012)
2012-03-07NOTICE by COURT to COUNSEL: the status conference set for 3/12/2012 at 9:30am will be held in chambers 6333 (old building, 6th floor). (Scullin, Frederick) (Entered: 03/07/2012)
2012-03-12Minute Entry: Status Conference held on 3/12/2012 before Judge Frederick J. Scullin, Jr:. (Court Reporter Catalina Kerr) (tb, ) (Entered: 03/12/2012)
2012-03-2359NOTICE Joint Statement Regarding Documents Put In Issue By Cross Motions for Summary Judgment by M. GREGG BLOCHE, JONATHAN H. MARKS re 38 MOTION for Partial Summary Judgment Against Defendant United States Air Force , 43 Cross MOTION for Partial Summary Judgment (Wolfman, Brian) (Entered: 03/23/2012)
2012-05-0360Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motion for Partial Summary Judgment by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE NAVY (Attachments: # 1 Text of Proposed Order)(Ullman, Susan) (Entered: 05/03/2012)
2012-05-04TEXT ORDER granting 60 Motion for Extension of Time to File Response/Reply to Plaintiff's pending motion for Summary Judgment. Response to 52 Motion for Summary Judgment now due 9/4/2012. Reply to response to 52 Motion now due 10/2/2012. This is a final extension. No further extensions will be considered. IT IS SO ORDERED by Judge Frederick J. Scullin, Jr on 5/4/2012. (Scullin, Frederick) (Entered: 05/04/2012)
2012-05-04Reset Deadlines as to 52 MOTION for Partial Summary Judgment. Responses due by 9/4/2012 Replies due by 10/2/2012. (Scullin, Frederick) (Entered: 05/04/2012)
2012-09-0461Cross MOTION for Partial Summary Judgment by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE NAVY (Attachments: # 1 Memorandum in Support Defendants' Brief, # 2 Declaration Schrock Decl, # 3 Declaration Kardelis Decl, # 4 Declaration Smith 2nd Decl, # 5 Declaration Casciotti 2nd Decl, # 6 Declaration Reilly Decl, # 7 2012 Navy Vaughn, # 8 2012 OASD-HA Vaughn, # 9 2012 OASD-HAGC Vaughn, # 10 Statement of Facts, # 11 Opposition to Ps Statement of Facts, # 12 Text of Proposed Order)(Ullman, Susan) (Entered: 09/04/2012)
2012-09-04Memorandum in opposition to 52 Plaintiffs' MOTION for Partial Summary Judgment filed by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE NAVY. (See Docket Entry 61 to view document). (Entered: 10/03/2011) (jeb, ) (Entered: 09/05/2012)
2012-10-0262Memorandum in opposition to re 61 Cross MOTION for Partial Summary Judgment on behalf of Navy and DoD filed by M. GREGG BLOCHE, JONATHAN H. MARKS. (Attachments: # 1 Text of Proposed Order)(Wolfman, Brian) (Entered: 10/02/2012)
2012-10-0263REPLY to opposition to motion re 52 MOTION for Partial Summary Judgment against Navy and DoD filed by M. GREGG BLOCHE, JONATHAN H. MARKS. (Attachments: # 1 Text of Proposed Order)(Wolfman, Brian) (Entered: 10/02/2012)
2012-10-0464Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiffs' Opposition to Defendants' Motion for Partial Summary Judgment by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE NAVY (Attachments: # 1 Text of Proposed Order)(Ullman, Susan) (Entered: 10/04/2012)
2012-10-04TEXT ORDER granting 64 Unopposed Motion for Extension of Time to File Response and Reply re 52 MOTION for Partial Summary Judgment. Responses due by 11/1/2012. Replies due by 11/8/2012.. IT IS SO ORDERED by Judge Frederick J. Scullin, Jr on 10/4/2012. (Scullin, Frederick) (Entered: 10/04/2012)
2012-11-0165REPLY to opposition to motion re 61 Cross MOTION for Partial Summary Judgment filed by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE NAVY. (Attachments: # 1 10-24-12 letter from Ullman to Wolfman, # 2 Navy Doc 29 - selected pages)(Ullman, Susan) (Entered: 11/01/2012)
2012-11-08TEXT MOTION SCHEDULING NOTICE: The Court has determined that oral argument is necessary in this case re: 61 Cross MOTION for Partial Summary Judgment , 52 MOTION for Partial Summary Judgment, 43 Cross MOTION for Partial Summary Judgment, 38 MOTION for Partial Summary Judgment Motion Hearing set for 12/10/2012 10:30 AM in Courtroom 17 before Judge Frederick J. Scullin Jr.. (Scullin, Frederick) (Entered: 11/08/2012)
2012-11-1666MOTION for Leave to File Surreply by M. GREGG BLOCHE, JONATHAN H. MARKS (Attachments: # 1 Exhibit [Proposed] Surreply with Declaration, # 2 Text of Proposed Order)(Wolfman, Brian) (Entered: 11/16/2012)
2012-11-16TEXT ORDER granting 66 Motion by Plaintiffs for Leave to File a Surreply to 61 Cross Motion for Partial Summary Judgment. IT IS SO ORDERED by Judge Frederick J. Scullin, Jr on 11/16/2012. (Scullin, Frederick) Modified on 11/16/2012 (Scullin, Frederick). (Entered: 11/16/2012)
2012-11-16CLERK'S CORRECTION OF DOCKET ENTRY of Text Order dated 11/16/2012 to reflect proper party re: SURREPLY (Scullin, Frederick) (Entered: 11/16/2012)
2012-11-1667SURREPLY to 65 Reply to opposition to Cross Motion for Partial Summary Judgment. (Scullin, Frederick) (Entered: 11/16/2012)
2012-12-10Minute Entry for proceedings held before Judge Frederick J. Scullin, Jr: Motion Hearing held on 12/10/2012 re 61 Cross MOTION for Partial Summary Judgment filed by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE NAVY, 52 MOTION for Partial Summary Judgment filed by JONATHAN H. MARKS, M. GREGG BLOCHE, 43 Cross MOTION for Partial Summary Judgment filed by UNITED STATES AIR FORCE. Defendant's vaughn index due within 3 weeks of this hearing; Response to exemption request due by the end of January 2013. (Court Reporter: Vicki Eastvold.) (ztj, ) (Entered: 12/11/2012)
2012-12-1968NOTICE of Update to ECF 59 by UNITED STATES AIR FORCE (Ullman, Susan) (Entered: 12/19/2012)
2012-12-3169NOTICE of Submission of Updated Vaughn Indexes by DEPARTMENT OF DEFENSE (Attachments: # 1 Vaughn Index of Office of Deputy General Counsel, # 2 Vaughn Index of Office of the Asst Sec of Defense for Health Affairs)(Ullman, Susan) (Entered: 12/31/2012)
2013-01-3070REPLY re 69 Notice (Other) regarding updated Vaughn indexes filed by M. GREGG BLOCHE, JONATHAN H. MARKS. (Attachments: # 1 Exhibit, # 2 Exhibit)(Wolfman, Brian) (Entered: 01/30/2013)
2013-02-0671SUPPLEMENTAL MEMORANDUM to re 52 MOTION for Partial Summary Judgment, 38 MOTION for Partial Summary Judgment Against Defendant United States Air Force filed by M. GREGG BLOCHE, JONATHAN H. MARKS. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Wolfman, Brian) (Entered: 02/06/2013)
2013-02-1472TRANSCRIPT OF PROCEEDINGS before Judge Frederick J. Scullin, Jr held on 3/12/12; Page Numbers: 1-15. Date of Issuance:2/14/13. Court Reporter/Transcriber Catalina Kerr, Telephone number 202-354-3258, Court Reporter Email Address : catykerr@msn.com.<P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P> NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov.<P></P> Redaction Request due 3/7/2013. Redacted Transcript Deadline set for 3/17/2013. Release of Transcript Restriction set for 5/15/2013.(Kerr, Catalina) (Entered: 02/14/2013)
2013-02-1573MOTION to Strike 71 Supplemental Memorandum, by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE NAVY, UNITED STATES AIR FORCE (Ullman, Susan) (Entered: 02/15/2013)
2013-02-2574Memorandum in opposition to re 73 MOTION to Strike 71 Supplemental Memorandum, filed by M. GREGG BLOCHE, JONATHAN H. MARKS. (Wolfman, Brian) (Entered: 02/25/2013)
2013-03-0875NOTICE of Proposed Order by M. GREGG BLOCHE, JONATHAN H. MARKS re 73 MOTION to Strike 71 Supplemental Memorandum, , 74 Memorandum in Opposition (Attachments: # 1 Text of Proposed Order)(Wolfman, Brian) (Entered: 03/08/2013)
2014-08-1976NOTICE of Appearance by Michael T. Kirkpatrick on behalf of All Plaintiffs (Kirkpatrick, Michael) (Entered: 08/19/2014)
2014-08-2077NOTICE OF WITHDRAWAL OF APPEARANCE as to M. GREGG BLOCHE, JONATHAN H. MARKS. Attorney Brian Wolfman terminated. (Wolfman, Brian) (Entered: 08/20/2014)
2014-10-0978NOTICE of Appearance by Meghan Boone on behalf of All Plaintiffs (Boone, Meghan) (Entered: 10/09/2014)
2014-11-2479NOTICE OF WITHDRAWAL OF APPEARANCE as to M. GREGG BLOCHE, JONATHAN H. MARKS. Attorney Kathryn A. Sabbeth terminated. (znmw, ) (Entered: 11/25/2014)
2016-07-2280NOTICE of Appearance by Aderson Bellegarde Francois on behalf of All Plaintiffs (Francois, Aderson) (Entered: 07/22/2016)
2016-07-2281NOTICE OF WITHDRAWAL OF APPEARANCE as to M. GREGG BLOCHE, JONATHAN H. MARKS. Attorney Michael T. Kirkpatrick terminated. (Kirkpatrick, Michael) (Entered: 07/22/2016)
2016-08-0382NOTICE OF WITHDRAWAL OF APPEARANCE as to M. GREGG BLOCHE, JONATHAN H. MARKS. Attorney Meghan Boone terminated. (Boone, Meghan) (Entered: 08/03/2016)
2017-01-2683NOTICE OF SUBSTITUTION OF COUNSEL by Kristina Ann Wolfe on behalf of CENTRAL INTELLIGENCE AGENCY, COUNTERINTELLIGENCE FIELD ACTIVITY, DEFENSE ADVANCE RESEARCH PROJECTS AGENCY, DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE NAVY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES AIR FORCE, UNITED STATES DEPARTMENT OF THE ARMY Substituting for attorney Susan K. Ullman (Wolfe, Kristina) (Entered: 01/26/2017)
2017-09-1884MEMORANDUM-DECISION AND ORDER: The Court hereby ORDERS that Plaintiffs' # 38 motion for partial summary judgment is GRANTED in part and DENIED in part; and Defendant United States Air Force's # 43 cross-motion for partial summary judgment is GRANTED in part and DENIED in part consistent with this Memorandum-Decision and Order. The Court further ORDERS that Defendant United States Air Force's # 73 motion to strike Plaintiffs' additional memorandum is DENIED as moot. The Court further ORDERS that all Defendants, other than Defendant United States Air Force, shall re-review all exemptions they have claimed in their pending # 61 collective motion for summary judgment paying close attention to the segregability of factual information and the conclusory nature of their declarations. Furthermore, the Court instructs Plaintiffs and all Defendants, other than Defendant United States Air Force, to confer and file a list of documents that are still in dispute within 30 days of the date of this Memorandum-Decision and Order. Signed by Judge Frederick J. Scullin, Jr. on 9/18/2017. (Scullin, Frederick) (Entered: 09/18/2017)
2017-10-1685Joint MOTION for Extension of Time to Submit Status Report by CENTRAL INTELLIGENCE AGENCY, COUNTERINTELLIGENCE FIELD ACTIVITY, DEFENSE ADVANCE RESEARCH PROJECTS AGENCY, DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE NAVY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES AIR FORCE, UNITED STATES DEPARTMENT OF THE ARMY (Attachments: # 1 Text of Proposed Order)(Wolfe, Kristina) (Entered: 10/16/2017)
2017-12-1886Joint MOTION for Extension of Time to Submit Status Report by CENTRAL INTELLIGENCE AGENCY, COUNTERINTELLIGENCE FIELD ACTIVITY, DEFENSE ADVANCE RESEARCH PROJECTS AGENCY, DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE NAVY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES AIR FORCE, UNITED STATES DEPARTMENT OF THE ARMY (Attachments: # 1 Text of Proposed Order)(Wolfe, Kristina) (Entered: 12/18/2017)
2017-12-1887ORDER granting 86 Motion for Extension of Time to submit status report.. Signed by Judge Frederick J. Scullin, Jr on 12/18/2017. (Scullin, Frederick) (Entered: 12/18/2017)
2018-03-1988Joint MOTION for Extension of Time to Submit Status Report by CENTRAL INTELLIGENCE AGENCY, COUNTERINTELLIGENCE FIELD ACTIVITY, DEFENSE ADVANCE RESEARCH PROJECTS AGENCY, DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE NAVY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES AIR FORCE, UNITED STATES DEPARTMENT OF THE ARMY (Attachments: # 1 Text of Proposed Order)(Wolfe, Kristina) (Entered: 03/19/2018)
2018-03-2089TEXT ORDER granting 88 Motion for Extension of Time to submit Status Report identifying documents in dispute. Status Report due by 5/18/2018.. IT IS SO ORDERED by Judge Frederick J. Scullin, Jr on 3/20/2018. (Scullin, Frederick) (Entered: 03/20/2018)
2018-05-1890Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, COUNTERINTELLIGENCE FIELD ACTIVITY, DEFENSE ADVANCE RESEARCH PROJECTS AGENCY, DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE NAVY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES AIR FORCE, UNITED STATES DEPARTMENT OF THE ARMY. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Wolfe, Kristina) (Entered: 05/18/2018)
2018-07-02Case randomly reassigned to Judge Rudolph Contreras. Judge Frederick J. Scullin, Jr is no longer assigned to the case. (ztnr) (Entered: 07/02/2018)
2018-07-02MINUTE ORDER: Upon consideration of 90 the parties' joint status report, it is hereby ORDERED that the parties shall meet and confer and submit an updated joint status report on or before July 16, 2018. That report shall include a revised proposed scheduling order, and it shall also indicate whether any of the parties' prior summary judgment briefing remains unresolved. SO ORDERED. Signed by Judge Rudolph Contreras on July 2, 2018. (lcrc3) (Entered: 07/02/2018)
2018-07-02Set/Reset Deadlines: Status Report due by 7/16/2018 (tj) (Entered: 07/02/2018)
2018-07-1691Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, COUNTERINTELLIGENCE FIELD ACTIVITY, DEFENSE ADVANCE RESEARCH PROJECTS AGENCY, DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE NAVY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES AIR FORCE, UNITED STATES DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Wolfe, Kristina) (Entered: 07/16/2018)
2018-07-1692SCHEDULING ORDER. See document for details. Signed by Judge Rudolph Contreras on July 16, 2018. (lcrc3) (Entered: 07/16/2018)
2018-07-17Set/Reset Deadlines: Motions due by 9/21/2018. Responses due by 10/12/2018 Replies due by 10/26/2018. Status Report due by 8/31/2018 (tj) (Entered: 07/17/2018)
2018-08-3193Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, COUNTERINTELLIGENCE FIELD ACTIVITY, DEFENSE ADVANCE RESEARCH PROJECTS AGENCY, DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE NAVY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES AIR FORCE, UNITED STATES DEPARTMENT OF THE ARMY. (Attachments: # 1 Exhibit 1 - Navy 31, # 2 Exhibit 2 - Navy 32, # 3 Exhibit 3 - Navy 40, # 4 Text of Proposed Order)(Wolfe, Kristina) (Entered: 08/31/2018)
2018-08-31MINUTE ORDER: Upon consideration of 93 the parties' Joint Status Report, it is hereby ORDERED that 92 the July 16, 2018 Scheduling Order is Vacated with respect to Defendant the United States Air Force. It is FURTHER ORDERED that the following schedule shall govern further proceedings: Defendants the United States Army, the Defense Intelligence Agency, the Department of Defense: Joint Task Force-Guantanamo, the Department of Defense: United States Special Operations Command, and the Office of the Director of National Intelligence shall submit their Motion for Summary Judgment on or before October 12, 2018; Plaintiffs shall submit their Cross-Motion for Summary Judgment and response to Defendants' Motion on or before November 2, 2018; Defendants shall submit their Reply in support of their Motion for Summary Judgment and response to Plaintiffs' Cross-Motion on or before November 21, 2018; and Plaintiffs shall submit their Reply in Support of their Cross-Motion on or before December 7, 2018. SO ORDERED. Signed by Judge Rudolph Contreras on August 31, 2018. (lcrc3) (Entered: 08/31/2018)
2018-09-05Set/Reset Deadlines: Cross Motions due by 11/2/2018. Response to Cross Motions due by 11/21/2018. Reply to Cross Motions due by 12/7/2018. Summary Judgment motions due by 10/12/2018. Response to Motion for Summary Judgment due by 11/2/2018. Reply to Motion for Summary Judgment due by 11/21/2018. (tj) (Entered: 09/05/2018)
2018-10-0594NOTICE of Change of Address by Kristina Ann Wolfe (Wolfe, Kristina) (Entered: 10/05/2018)
2018-10-0595STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Wolfe, Kristina) (Entered: 10/05/2018)
2018-10-09MINUTE ORDER: Upon consideration of 95 Defendant CIA's Status Report, it is hereby ORDERED that CIA shall submit another status report on or before February 1, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on October 9, 2018. (lcrc3) (Entered: 10/09/2018)
2018-10-09Set/Reset Deadlines: Status Report due by 2/1/2019 (tj) (Entered: 11/21/2018)
2018-10-1296MOTION for Summary Judgment (Partial) by CENTRAL INTELLIGENCE AGENCY, COUNTERINTELLIGENCE FIELD ACTIVITY, DEFENSE ADVANCE RESEARCH PROJECTS AGENCY, DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE NAVY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES AIR FORCE, UNITED STATES DEPARTMENT OF THE ARMY (Attachments: # 1 Memorandum in Support, # 2 Declaration of Jan Walker, # 3 Declaration of Major John E. Swords, # 4 Declaration of Alesia Y. Williams, # 5 Declaration of John F. Hackett, # 6 Declaration of Eric F. Stein, # 7 Declaration of Rear Admiral David M. Thomas, # 8 Declaration of Jacqueline J. Scott, # 9 Declaration of Mark H. Herrington, # 10 Declaration of Rear Admiral John C. Ring, # 11 Declaration of Major General Michael Erik Kurilla, # 12 Statement of Facts, # 13 Text of Proposed Order)(Wolfe, Kristina); Modified event on 10/16/2018 (tth). (Entered: 10/12/2018)
2018-11-0297Cross MOTION for Partial Summary Judgment by M. GREGG BLOCHE, JONATHAN H. MARKS (Attachments: # 1 Memorandum in Support of Plaintiffs' Motion for Partial Summary Judgment, # 2 Declaration of M. Gregg Bloche, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Statement of Facts Statement of Undisputed Material Facts, # 17 Statement of Facts Opposition to Defendants' Statement of Facts, # 18 Text of Proposed Order)(Francois, Aderson) Modified event title on 11/13/2018 (znmw). (Entered: 11/02/2018)
2018-11-0298Memorandum in opposition to re 96 MOTION for Partial Summary Judgment filed by M. GREGG BLOCHE, JONATHAN H. MARKS. (Attachments: # 1 Memorandum in Support of Opposition to Defendants' Motion for Partial Summary Judgment, # 2 Declaration of M. Gregg Bloche, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Statement of Facts Statement of Undisputed Material Facts, # 17 Statement of Facts Opposition to Defendants' Statement of Facts, # 18 Text of Proposed Order)(Francois, Aderson) (Entered: 11/02/2018)
2018-11-2199Memorandum in opposition to re 97 MOTION for Partial Summary Judgment filed by COUNTERINTELLIGENCE FIELD ACTIVITY, DEFENSE ADVANCE RESEARCH PROJECTS AGENCY, DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF THE ARMY. (Attachments: # 1 Exhibit K, # 2 Exhibit L (Second Declaration of John E. Swords), # 3 Statement of Facts (Response), # 4 Text of Proposed Order)(Wolfe, Kristina) (Entered: 11/21/2018)
2018-11-21100REPLY to opposition to motion re 96 MOTION for Partial Summary Judgment filed by COUNTERINTELLIGENCE FIELD ACTIVITY, DEFENSE ADVANCE RESEARCH PROJECTS AGENCY, DEPARTMENT OF DEFENSE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF THE ARMY. (Attachments: # 1 Exhibit K, # 2 Exhibit L (Second Declaration of John E. Swords))(Wolfe, Kristina) (Entered: 11/21/2018)
2018-12-07101REPLY to opposition to motion re 97 MOTION for Partial Summary Judgment filed by M. GREGG BLOCHE, JONATHAN H. MARKS. (Attachments: # 1 Exhibit 1)(Francois, Aderson) (Entered: 12/07/2018)
2019-01-24102Unopposed MOTION to Stay in Light of the Lapse in Appropriations by CENTRAL INTELLIGENCE AGENCY, COUNTERINTELLIGENCE FIELD ACTIVITY, DEFENSE ADVANCE RESEARCH PROJECTS AGENCY, DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF THE NAVY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES AIR FORCE, UNITED STATES DEPARTMENT OF THE ARMY (Attachments: # 1 Text of Proposed Order)(Wolfe, Kristina) (Entered: 01/24/2019)
2019-01-24MINUTE ORDER granting in part and denying in part 102 Defendants' Unopposed Motion to Stay. It is hereby ORDERED that the deadline for Defendant Central Intelligence Agency to submit a status report, currently February 1, 2019, is stayed until appropriations are restored to the Department of Justice. The case is not otherwise stayed. SO ORDERED. Signed by Judge Rudolph Contreras on January 24, 2019. (lcrc3) (Entered: 01/24/2019)
2019-01-29103NOTICE of Restoration of Appropriations and Motion for an Extension of Time to Submit Status Report by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Text of Proposed Order)(Wolfe, Kristina) (Entered: 01/29/2019)
2019-01-29104Unopposed MOTION for Extension of Time to Submit Status Report by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Text of Proposed Order)(Wolfe, Kristina) (Entered: 01/29/2019)
2019-01-29MINUTE ORDER granting 104 Defendant Central Intelligence Agency's Unopposed Motion for Extension of Time. It is hereby ORDERED that Defendant Central Intelligence Agency shall submit a status report on or before February 8, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on January 29, 2019. (lcrc3) (Entered: 01/29/2019)
2019-02-08105STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Wolfe, Kristina) (Entered: 02/08/2019)
2019-02-12MINUTE ORDER: Upon consideration of 105 Defendant CIA's Status Report, it is hereby ORDERED that CIA shall submit another status report on or before June 21, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on February 12, 2019. (lcrc3) (Entered: 02/12/2019)
2019-02-14Set/Reset Deadlines: Status Report due by 6/21/2019 (ztj) (Entered: 02/14/2019)
2019-03-29106ORDER denying 52 Plaintiffs' Motion for Partial Summary Judgment and granting in part and denying in part 61 Defendants' Motion for Partial Summary Judgment: See document for details. Signed by Judge Rudolph Contreras on March 29, 2019. (lcrc2) (Entered: 03/29/2019)
2019-03-29107MEMORANDUM OPINION denying 52 Plaintiffs' Motion for Partial Summary Judgment and granting in part and denying in part 61 Defendants' Motion for Partial Summary Judgment: See document for details. Signed by Judge Rudolph Contreras on March 29, 2019. (lcrc2) (Entered: 03/29/2019)
2019-04-15108Unopposed MOTION to Amend/Correct 106 Order on Motion for Partial Summary Judgment,,, by DEPARTMENT OF DEFENSE (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Wolfe, Kristina) (Entered: 04/15/2019)
2019-04-29109NOTICE of Delivery for In Camera Inspection by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE NAVY (Wolfe, Kristina) (Entered: 04/29/2019)
2019-04-29110MOTION for Summary Judgment (Renewed) by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE NAVY (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B (Declaration of Lt. Peter Tyson Marx), # 4 Exhibit C (Second Declaration of Mark H. Herrington), # 5 Statement of Facts, # 6 Text of Proposed Order)(Wolfe, Kristina); Modified event on 5/1/2019 (tth). (Entered: 04/29/2019)
2019-04-29111ORDER granting 108 Defendant Department of Defense's Motion to Alter or Amend the Court's March 29, 2019 Order. See document for details. Signed by Judge Rudolph Contreras on April 29, 2019. (lcrc3) (Entered: 04/29/2019)
2019-05-15112Consent MOTION for Extension of Time to File Response/Reply by M. GREGG BLOCHE (Attachments: # 1 Text of Proposed Order)(Francois, Aderson) (Entered: 05/15/2019)
2019-05-16MINUTE ORDER granting 112 Motion for Extension of Time to File Response/Reply: It is hereby ORDERED that the motion is GRANTED. Plaintiffs' Brief in Opposition to Defendants' Renewed Motion for Partial Summary Judgment is now due on June 17, 2019, and Defendants' Reply is due on July 10, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on May 16, 2019. (lcrc2) (Entered: 05/16/2019)
2019-05-21Set/Reset Deadlines: Response to Motion for Summary Judgment due by 6/17/2019. Reply to Motion for Summary Judgment due by 7/10/2019. (tj) (Entered: 05/21/2019)
2019-06-17113RESPONSE re 110 MOTION for Partial Summary Judgment Plaintiffs' Opposition to Defendants' Renewed Motion for Partial Summary Judgment filed by M. GREGG BLOCHE. (Francois, Aderson) (Entered: 06/17/2019)
2019-06-21114STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Wolfe, Kristina) (Entered: 06/21/2019)
2019-07-10115REPLY to opposition to motion re 110 MOTION for Partial Summary Judgment (Renewed) filed by DEPARTMENT OF DEFENSE, DEPARTMENT OF THE NAVY. (Wolfe, Kristina) (Entered: 07/10/2019)
2019-07-12MINUTE ORDER: Upon consideration of 114 Defendant Central Intelligence Agency's status report, it is hereby ORDERED that Defendant Central Intelligence Agency shall submit a further status report on its progress on or before September 28, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on July 12, 2019. (lcrc3) (Entered: 07/12/2019)
2019-07-12Set/Reset Deadlines: Status Report due by 9/28/2019. (tj) (Entered: 07/12/2019)
2019-09-27116STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Wolfe, Kristina) (Entered: 09/27/2019)
2019-10-29117ORDER granting in part and denying in part 110 Defendants' renewed motion for partial summary judgment; granting in part and denying in part 96 Defendants' motion for partial summary judgment; denying 97 Plaintiffs' cross-motion for partial summary judgment. See document for details. Signed by Judge Rudolph Contreras on October 29, 2019. (lcrc3) (Entered: 10/29/2019)
2019-10-29118MEMORANDUM OPINION granting in part and denying in part 110 Defendants' renewed motion for partial summary judgment; granting in part and denying in part 96 Defendants' motion for partial summary judgment; denying 97 Plaintiffs' cross-motion for partial summary judgment. See document for details. Signed by Judge Rudolph Contreras on October 29, 2019. (lcrc3) (Entered: 10/29/2019)
2019-11-20119Consent MOTION for Extension of Time to Comply with the Court's Order of October 29, 2019 by DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF THE ARMY (Attachments: # 1 Text of Proposed Order)(Wolfe, Kristina) (Entered: 11/20/2019)
2019-11-20MINUTE ORDER granting 119 Defendants' consent order for extension of time. It is hereby ORDERED that Defendants U.S. Department of Defense, the Defense Intelligence Agency, and the U.S. Army shall provide supplementary justifications via a renewed motion for partial summary judgment and that Defendant the U.S. Army shall produce Army 25, Army 26, Army 63, Army 64, Army 112, and Army 113 for in camera review, as specified in 119 the Court's Memorandum Opinion, by January 31, 2020. It is FURTHER ORDERED that Plaintiffs shall respond to Defendants' renewed motion for partial summary judgment by February 14, 2020. It is FURTHER ORDERED that Defendants shall submit their reply in support of their renewed motion for partial summary judgment, if any, by March 6, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on November 20, 2019. (lcrc3) (Entered: 11/20/2019)
2019-12-19Set/Reset Deadlines: In-Camera Submission due by 1/31/2020. Responses due by 2/14/2020 Replies due by 4/24/2020. (tj) (Entered: 12/19/2019)
2020-01-27MINUTE ORDER: Upon consideration of 116 Defendant Central Intelligence Agency's joint status report, it is hereby ORDERED that Defendant Central Intelligence Agency shall produce a further status report by February 10, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on January 27, 2020. (lcrc3) (Entered: 01/27/2020)
2020-01-27Set/Reset Deadlines: Status Report due by 2/10/2020 (zgdf) (Entered: 01/28/2020)
2020-01-31120NOTICE of Delivery for In Camera Inspection by UNITED STATES DEPARTMENT OF THE ARMY (Wolfe, Kristina) (Entered: 01/31/2020)
2020-01-31121MOTION for Partial Summary Judgment (Renewed) by DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF THE ARMY (Attachments: # 1 Memorandum in Support, # 2 Declaration of Major Nicole M. Kim, # 3 Declaration of Renee L. Morris, # 4 Declaration of Mark H. Herrington (Third), # 5 Statement of Facts, # 6 Text of Proposed Order)(Wolfe, Kristina) (Entered: 01/31/2020)
2020-02-10122STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Wolfe, Kristina) (Entered: 02/10/2020)
2020-02-10MINUTE ORDER: Upon consideration of 122 Defendant Central Intelligence Agency's joint status report, it is hereby ORDERED that Defendant Central Intelligence Agency shall produce a further status report by April 15, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on February 10, 2020. (lcrc3) (Entered: 02/10/2020)
2020-02-19Set/Reset Deadlines: Status Report due by 4/15/2020. (tj) (Entered: 02/19/2020)
2020-03-06123REPLY to opposition to motion re 121 MOTION for Partial Summary Judgment (Renewed) filed by DEFENSE INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF THE ARMY. (Wolfe, Kristina) (Entered: 03/06/2020)
2020-04-15124STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Wolfe, Kristina) (Entered: 04/15/2020)
2020-04-15MINUTE ORDER: Upon consideration of 124 Defendant CIA's status report, it is hereby ORDERED that CIA shall submit a further status report on its progress processing the records determined to be responsive to Plaintiff's four FOIA requests by June 19, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on April 15, 2020. (lcrc3) (Entered: 04/15/2020)
2020-04-15Set/Reset Deadlines: Status Report due by 6/19/2020 (tj) (Entered: 04/15/2020)
2020-05-14125ORDER granting in part and denying in part 121 Defendants' renewed motion for partial summary judgment. See document for details. Signed by Judge Rudolph Contreras on 05/14/2020. (lcrc3) (Entered: 05/14/2020)
2020-05-14126MEMORANDUM OPINION granting in part and denying in part 121 Defendants' renewed motion for partial summary judgment. See document for details. Signed by Judge Rudolph Contreras on 05/14/2020. (lcrc3) (Entered: 05/14/2020)
2020-06-12127Second MOTION for Partial Summary Judgment (Renewed) by UNITED STATES DEPARTMENT OF THE ARMY (Attachments: # 1 Memorandum in Support, # 2 Exhibit A - Second Declaration of Major Nicole M. Kim, # 3 Statement of Facts, # 4 Text of Proposed Order)(Wolfe, Kristina) (Entered: 06/12/2020)
2020-06-19128STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Wolfe, Kristina) (Entered: 06/19/2020)
2020-07-02129REPLY to opposition to motion re 127 Second MOTION for Partial Summary Judgment (Renewed) filed by UNITED STATES DEPARTMENT OF THE ARMY. (Wolfe, Kristina) (Entered: 07/02/2020)
2020-07-07MINUTE ORDER: Upon consideration of 128 Defendant Central Intelligence Agency's status report, the Court notes it is not clear whether the parties conferred on the proposed date for the next status report but, regardless, Plaintiffs did not respond, so it is hereby ORDERED that Defendant Central Intelligence Agency shall submit a further status report on or before September 18, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 07/07/2020. (lcrc3) (Entered: 07/07/2020)
2020-07-08Set/Reset Deadlines: Status Report due by 9/18/2020. (tj) (Entered: 07/08/2020)
2020-07-27130ORDER granting 127 Defendant's Motion for Partial Summary Judgment. See document for details. Signed by Judge Rudolph Contreras on 07/27/2020. (lcrc3) (Entered: 07/27/2020)
2020-07-27131MEMORANDUM OPINION granting 127 Defendant's Motion for Partial Summary Judgment. See document for details. Signed by Judge Rudolph Contreras on 07/27/2020. (lcrc3) (Entered: 07/27/2020)
2020-09-18132STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Wolfe, Kristina) (Entered: 09/18/2020)
2020-09-21MINUTE ORDER: Upon consideration of 132 Defendant CIA's status report, it is hereby ORDERED that Defendant CIA shall submit a further status report on or before December 18, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 09/21/2020. (lcrc3) (Entered: 09/21/2020)
2020-09-28Set/Reset Deadlines: Status Report due by 12/18/2020. (tj) (Entered: 09/28/2020)
2020-12-18133STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Wolfe, Kristina) (Entered: 12/18/2020)
2020-12-18MINUTE ORDER: Upon consideration of 133 Defendant CIA's status report, it is hereby ORDERED that Defendant CIA shall submit a further status report on or before March 19, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 12/18/2020. (lcrc3) (Entered: 12/18/2020)
2020-12-21Set/Reset Deadlines: Status Report due by 3/19/2021 (tj) (Entered: 12/21/2020)
2021-03-19134STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Wolfe, Kristina) (Entered: 03/19/2021)
2021-03-19MINUTE ORDER: Upon consideration of 134 Defendant CIA's status report, it is hereby ORDERED that Defendant CIA shall submit another status report on or before June 18, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 3/19/2021. (lcrc3) (Entered: 03/19/2021)
2021-03-19Set/Reset Deadlines: Status Report due by 6/18/2021. (tj) (Entered: 03/19/2021)
2021-06-18135STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Wolfe, Kristina) (Entered: 06/18/2021)
2021-06-18MINUTE ORDER: Upon consideration of 135 Defendant CIA's status report, it is hereby ORDERED that Defendant CIA shall submit another status report on or before September 17, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 6/18/2021. (lcrc3) (Entered: 06/18/2021)
2021-09-17136STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Wolfe, Kristina) (Entered: 09/17/2021)
2021-09-17MINUTE ORDER: Upon consideration of 136 Defendant CIA's status report, it is hereby ORDERED that Defendant CIA shall submit another status report on or before December 17, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 9/17/2021. (lcrc3) (Entered: 09/17/2021)
2021-12-17137STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Wolfe, Kristina) (Entered: 12/17/2021)
2021-12-19MINUTE ORDER: Upon consideration of 137 Defendant CIA's status report, it is hereby ORDERED that Defendant CIA shall submit another status report on or before March 18, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 12/19/2021. (lcrc3) (Entered: 12/19/2021)
2022-03-18138STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Wolfe, Kristina) (Entered: 03/18/2022)
2022-03-18MINUTE ORDER: Upon consideration of 138 Defendant CIA's status report, it is hereby ORDERED that Defendant CIA shall submit another status report on or before June 17, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 3/18/2022. (lcrc3) (Entered: 03/18/2022)
2022-06-17139STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Wolfe, Kristina) (Entered: 06/17/2022)
2022-06-21MINUTE ORDER: Upon consideration of 139 Defendant CIA's status report, it is hereby ORDERED that Defendant CIA shall submit another status report on or before September 16, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 6-21-2022. (lcrc3) (Entered: 06/21/2022)
2022-09-16140STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Wolfe, Kristina) (Entered: 09/16/2022)
2022-09-19MINUTE ORDER: It is hereby ORDERED that Defendant CIA shall submit another joint status report on or before December 16, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 9-19-2022. (lcrc3) (Entered: 09/19/2022)
2022-12-16141STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Wolfe, Kristina) (Entered: 12/16/2022)
2022-12-16MINUTE ORDER: Upon consideration of 141 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit another joint status report on or before January 13, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 12-16-2022. (lcrc3) (Entered: 12/16/2022)
2023-01-13142Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Wolfe, Kristina) (Entered: 01/13/2023)
2023-01-13MINUTE ORDER: Upon consideration of 142 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit another joint status report on or before April 14, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 1-13-2023. (lcrc3) (Entered: 01/13/2023)
2023-04-14143Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Wolfe, Kristina) (Entered: 04/14/2023)
2023-04-17MINUTE ORDER: Upon consideration of 143 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit another joint status report on or before July 14, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 4-17-2023. (lcrc3) (Entered: 04/17/2023)
2023-04-21Set/Reset Deadlines: Status Report due by 7/14/2023 (tj) (Entered: 04/21/2023)
2023-07-14144Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Wolfe, Kristina) (Entered: 07/14/2023)
2023-07-14MINUTE ORDER: Upon consideration of 144 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit another joint status report on or before October 13, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 7-14-2023. (lcrc3) (Entered: 07/14/2023)
2023-10-13145Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Wolfe, Kristina) (Entered: 10/13/2023)
2023-10-13MINUTE ORDER: Upon consideration of 145 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit another joint status report on or before January 12, 2024. It is FURTHER ORDERED that in addition, Defendant CIA shall provide an estimate of how many pages of records remain to be processed and how long that is expected to take. SO ORDERED. Signed by Judge Rudolph Contreras on 10-13-2023. (lcrc3) (Entered: 10/13/2023)
2024-01-12146Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Wolfe, Kristina) (Entered: 01/12/2024)
2024-01-12MINUTE ORDER: Upon consideration of 146 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit another joint status report on or before April 12, 2024. SO ORDERED. Signed by Judge Rudolph Contreras on 1-12-2024. (lcrc3) (Entered: 01/12/2024)
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