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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 Frederick J. Scullin, Jr
PlaintiffM. GREGG BLOCHE M.D.
PlaintiffJONATHAN H. MARKS
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]
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)
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