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Case TitleWHEELER v. CIA, et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2002cv00604
Date Filed2002-03-29
Date Closed2006-11-21
JudgeJudge Rosemary M. Collyer
PlaintiffJOHN FENTON WHEELER
DefendantCENTRAL INTELLIGENCE AGENCY
TERMINATED: 06/04/2003
DefendantU.S. DEPARTMENT OF JUSTICE
Documents
Docket
Opinion/Order [83]
Opinion/Order [101]
FOIA Project Annotation: Judge Rosemary Collyer has ruled that the FBI conducted an adequate search for records concerning John Fenton Wheeler, a retired AP reporter who had been expelled from Cuba in 1969 allegedly because of his stories concerning a Mexican embassy worker who was accused by the Cuban government of being a U.S. spy. The FBI had searched its Central Records System for "109 files," which pertain to foreign political matters. Wheeler had also requested the search slips created by the agency in searching for records responsive to his request. The FBI found no 109 files pertaining to Wheeler and located six slips, which were redacted and released. Dismissing Wheeler's arguments concerning the 109 files, Collyer noted that "Mr. Wheeler's belief that additional responsive files may exist that were not released is contradicted by the detailed declarations submitted by the FBI, which state that no 109 files were located and all other responsive documents were provided." She added that "without some evidence indicating that those files may indeed contain responsive materials, Mr. Wheeler cannot overcome the FBI's affidavits." Wheeler argued that the search slips indicated that other 109 files had been searched, but the agency had failed to produce them. Collyer pointed out that "the mere reference to those files in the search slips does not mean that they are responsive to Mr. Wheeler's request; it means only that they were examined during the search." The FBI had withheld a file number contained on one of the search slips under Exemption 1 (national security). Wheeler argued that release of the file number could not possibly harm national security. But Collyer responded that "Mr. Wheeler's own familiarity with the FBI system demonstrates why the FBI might want to withhold an entire file number when it pertains to a specific intelligence activity �" those who understand the system could discern important information from the connections between the numbers and letters." Collyer dismissed Wheeler's argument that he had not received any inventory worksheets, noting that "the use of inventory worksheets was discontinued when the FBI converted from manual processing of FOIA documents to an automated system know as the FOIA Document Processing System. The FBI discontinued use of inventory worksheets prior to Mr. Wheeler's FOIA/PA request. Therefore, there are no worksheets to produce to Mr. Wheeler."
Issues: Adequacy - Search
Opinion/Order [102]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2002-03-291COMPLAINT filed by plaintiff JOHN FENTON WHEELER; Exhibits (14) (nmr) (Entered: 04/01/2002)
2002-03-29SUMMONS (4) issued to federal party(s) federal defendants CIA, DOJ, and non-parties: U.S. Attorney and U.S. Attorney General. (nmr) (Entered: 04/01/2002)
2002-05-032ATTORNEY APPEARANCE for federal defendants CIA, DOJ by Sherri Evans Harris (nmr) (Entered: 05/06/2002)
2002-05-083MOTION filed by federal defendants CIA, DOJ to extend time to 5/30/02 to answer complaint [1-1] (nmr) (Entered: 05/09/2002)
2002-05-144ORDER by Judge Richard J. Leon : granting motion to extend time to 5/30/02 to answer complaint [1-1] [3-1] by DOJ, CIA Answer extended to 5/30/02 for DOJ, for CIA (N) (bm) (Entered: 05/14/2002)
2002-05-305ANSWER TO COMPLAINT [1-1] by federal defendants CIA, DOJ; Exhibits (4). (nmr) (Entered: 05/31/2002)
2002-07-096NOTICE OF CHANGE OF ADDRESS by James Hiram Lesar representing plaintiff JOHN FENTON WHEELER . New address: 1003 K Street, NW, Suite 640, Washington, DC 20001, (202) 393-1921. (nmr) (Entered: 07/10/2002)
2002-08-147MOTION filed by plaintiff JOHN FENTON WHEELER to compel preparation of a Vaughn V. Rosen Index by each defendant (nmr) (Entered: 08/15/2002)
2002-09-238RESPONSE by federal defendants CIA, DOJ to motion to compel preparation of a Vaughn V. Rosen Index by each defendant [7-1] by JOHN FENTON WHEELER; Declarations (2); Attachments (11) (nmr) (Entered: 09/24/2002)
2002-10-11SCHEDULING NOTICE: status hearing set for 3:00 11/6/02 ; before Judge Richard J. Leon courtroom 6, second floor. (whb) (Entered: 10/11/2002)
2002-10-169MOTION filed by federal defendant CIA to dismiss complaint [1-1] , and/or in the alternative for summary judgment (nmr) (Entered: 10/17/2002)
2002-10-3010MOTION filed by plaintiff JOHN FENTON WHEELER to extend time to 11/12/02 to respond to CIA's motion to dismiss or for summary judgment (nmr) (Entered: 10/31/2002)
2002-10-3111ORDER by Judge Richard J. Leon : granting motion to extend time to 11/12/02 to respond to CIA's motion to dismiss or for summary judgment [10-1] by JOHN FENTON WHEELER response to dispositive motions due by 11/12/02 ; (N) (whb) (Entered: 11/01/2002)
2002-11-06STATUS HEARING before Judge Richard J. Leon : Defendant's oral motion to reply to pltf's opposition granted until 12/3/02. No further hearing date set. Reporter: Patty Gels (whb) (Entered: 11/06/2002)
2002-11-0712NOTICE OF FILING by federal defendants proposed scheduling order (bcs) (Entered: 11/11/2002)
2002-11-1213MOTION filed by plaintiff JOHN FENTON WHEELER to extend time to 11/15/02 to respond to CIA's motion to dismiss or for summary judgment (nmr) (Entered: 11/13/2002)
2002-11-1314ERRATA by plaintiff JOHN FENTON WHEELER of a corrected proposed order to his motion for an extension of time. (nmr) (Entered: 11/14/2002)
2002-11-1415ORDER by Judge Richard J. Leon : defendant CIA shall file its reply to pltf's motion for summary judgement by 12/3/02, and Defendant Dept., of Justice shall file a Vaughn indices on behalf of the FBI on or before 1/9/03. reply motion for summary judgment due 12/3/02 ; (N) (whb) (Entered: 11/14/2002)
2002-11-1716ORDER by Judge Richard J. Leon : granting motion to extend time to 11/15/02 to respond to CIA's motion to dismiss or for summary judgment [13-1] by JOHN FENTON WHEELER response to dispositive motions due by 11/15/02 ; (N) (whb) (Entered: 11/18/2002)
2002-11-1717ORDER by Judge Richard J. Leon granting pltf's motion for an extension of time until 11/15/02 to respond to defendant motion to dismiss and or for summary judgment and for the deft., to reply to pltf's response by 12/6/02 : response to dispositive motions due 11/15/02 ; reply to dispositive motions due 12/6/02 ; (N) (whb) (Entered: 11/18/2002)
2002-11-2018MOTION filed by plaintiff JOHN FENTON WHEELER for leave to file his response to CIA's motion to dismiss or for summary judgment out of time ; EXHIBIT (RESPONSE) (nmr) (Entered: 11/21/2002)
2002-11-2119ERRATA by plaintiff JOHN FENTON WHEELER of a signed copy of plaintiff's declaration originally filed unsigned with his cross-motion for summary judgment. (nmr) (Entered: 11/22/2002)
2002-11-2620ORDER by Judge Richard J. Leon : granting motion for leave to file his response to CIA's motion to dismiss or for summary judgment out of time [18-1] by JOHN FENTON WHEELER and that the defendant shall have until 12/11/02, to oppose, reply or otherwise respond to plaintiff's response. reply to dispositive motions due 12/11/02 ; (N) (whb) (Entered: 11/27/2002)
2002-11-2625RESPONSE by plaintiff JOHN FENTON WHEELER in opposition to motion to dismiss complaint [1-1] [9-1] by CIA, motion for summary judgment [9-2] by CIA; Declarations (2); Attachments (8); Exhibits (2). (nmr) (Entered: 01/16/2003)
2002-11-2626MOTION filed by plaintiff JOHN FENTON WHEELER for partial summary judgment as to defendant's "Glomar" defense , and to compel defendant to conduct searches , for discovery , in for in camera inspection of any responsive documents ; Declarations (2); Attachments (8); Exhibits (2) (nmr) (Entered: 01/16/2003)
2002-12-1121MOTION filed by federal defendant CIA, federal defendant DOJ to extend time to 12/20/02 to respond to Plaintiff's Opposition to Defendant CIA's Motion to Dismiss, or, in the alternative, for Summary Judgment (nmr) (Entered: 12/12/2002)
2002-12-1522ORDER by Judge Richard J. Leon : granting motion to extend time to 12/20/02 to respond to Plaintiff's Opposition to Defendant CIA's Motion to Dismiss, or, in the alternative, for Summary Judgment [21-1] by DOJ, CIA reply to dispositive motions due by 12/20/02 ; (N) (whb) (Entered: 12/16/2002)
2002-12-2023MOTION filed by federal defendant CIA, federal defendant DOJ to extend time to 1/22/03 to respond to plaintiff's opposition to defendants motion to dismiss or in the alternative for summary judgment (mpt) (Entered: 12/23/2002)
2002-12-2724ORDER by Judge Richard J. Leon : granting motion to extend time to 1/22/03 to respond to plaintiff's opposition to defendants motion to dismiss or in the alternative for summary judgment [23-1] by DOJ, CIA reply to dispositive motions due by 1/22/03 ; (N) (whb) (Entered: 01/02/2003)
2002-12-30CASE REASSIGNED from Judge Richard J. Leon to Judge Rosemary M. Collyer (rje) (Entered: 01/02/2003)
2003-01-2227MOTION filed by federal defendants CIA, DOJ to extend time to 1/24/03 to respond to plaintiff's opposition to defendant CIA motion to dismiss, or in the alternative, for summary judgment (rje) (Entered: 01/24/2003)
2003-01-2428REPLY by federal defendant CIA to plaintiff's response in opposition to motion to dismiss complaint [1-1] [9-1] by CIA, motion for summary judgment [9-2] by CIA (rje) (Entered: 01/27/2003)
2003-01-2429ORDER by Judge Rosemary M. Collyer : granting motion to extend time to 1/24/03 to respond to plaintiff's opposition to defendant CIA motion to dismiss, or in the alternative, for summary judgment [27-1] by DOJ, CIA (N) (adc) (Entered: 01/27/2003)
2003-02-0730MOTION filed by plaintiff JOHN FENTON WHEELER to extend time to 2/15/03 to reply to defendant CIA opposition to motion for partial summary judgment (rje) (Entered: 02/10/2003)
2003-02-2031ORDER by Judge Rosemary M. Collyer : granting motion to extend time to 2/15/03 to reply to defendant CIA opposition to motion for partial summary judgment [30-1] by JOHN FENTON WHEELER; plaintiff's reply to opposition to motion for partial summary judgment due by 2/15/03 (N) (cdw) (Entered: 02/21/2003)
2003-02-2532MOTION filed by plaintiff JOHN FENTON WHEELER to extend time to 3/4/03 to defendant CIA's opposition to plaintiff's motion for partial summary judgment, etc. (nmr) (Entered: 02/26/2003)
2003-02-2633ORDER by Judge Rosemary M. Collyer: granting motion to extend time to 3/4/03 to reply to defendant CIA's opposition to plaintiff's motion for partial summary judgment, etc. [32-1] by JOHN FENTON WHEELER; plaintiff's reply to motion for partial summary judgment due by 3/4/03 (N) (cdw) (Entered: 02/27/2003)
2003-03-0634MOTION filed by plaintiff JOHN FENTON WHEELER to extend time to 3/4/03 to respond to defendant's opposition to motion for partial summary judgment, etc. (nmr) (Entered: 03/07/2003)
2003-04-0235MOTION filed by plaintiff JOHN FENTON WHEELER for further extend time to 4/14/03 to respond to defendant CIA's opposition to plaintiff's his motion for partial summary judgment (rje) (Entered: 04/03/2003)
2003-04-0336ORDER by Judge Rosemary M. Collyer: granting motion for further extend time to 4/14/03 to respond to defendant opposition to plaintiff's his motion for partial summary judgment [35-1] by JOHN FENTON WHEELER; plaintiff's response to motion for summary judgment due 4/14/03;, denying as moot motion to time to 3/4/03 to respond to defendant's opposition to motion for partial summary judgment, etc. [34-1] by JOHN FENTON WHEELER (N) (cdw) (Entered: 04/07/2003)
2003-04-1437MOTION filed by plaintiff JOHN FENTON WHEELER to extend time to 4/21/03 to respond to CIA's opposition to plaintiff's motion for partial summary judgment, etc. (nmr) (Entered: 04/15/2003)
2003-04-1538ORDER by Judge Rosemary M. Collyer : granting motion to extend time to 4/21/03 to respond to CIA's opposition to plaintiff's motion for partial summary judgment, etc. [37-1] by JOHN FENTON WHEELER; plaintiff's reply to motion for summary judgment due 4/21/03; (N) (cdw) (Entered: 04/17/2003)
2003-04-2839MOTION filed by plaintiff JOHN FENTON WHEELER for leave to file reply to opposition of defendant's CIA to plaintiff's motion for partial summary judgment ;EXHIBIT (REPLY) (rje) (Entered: 04/30/2003)
2003-05-2840NOTICE by federal defendant DOJ regarding the status of plaintiff's Freedom of Information Act requests to the Federal Bureau of Investigationi; declarations (2); exhibit (1) (rje) (Entered: 06/02/2003)
2003-06-0441MEMORANDUM OPINION by Judge Rosemary M. Collyer (N) (cdw) (Entered: 06/04/2003)
2003-06-0442ORDER by Judge Rosemary M. Collyer : granting motion for leave to file reply to opposition of defendant's CIA to plaintiff's motion for partial summary judgment [39-1] by JOHN FENTON WHEELER; denying motion for partial summary judgment as to defendant's "Glomar" defense [26-1] by JOHN FENTON WHEELER; denying motion to compel defendant to conduct searches [26-2] by JOHN FENTON WHEELER; granting motion for summary judgment [9-2] by CIA; the complaint is dismissed against defendant CIA (N) (cdw) (Entered: 06/04/2003)
2003-06-3043NOTICE OF FILING by federal defendant DOJ of proposed briefing schedule by defendant (rje) (Entered: 07/02/2003)
2003-07-0144ORDER by Judge Rosemary M. Collyer: defendant USDOJ's dispositive motion due 8/8/03; defendant USDOJ's Vaughn declaration due 7/11/03 (N) (cdw) (Entered: 07/02/2003)
2003-07-1145MOTION filed by federal defendant DOJ to extend time to 9/10/03 to file vaughn index ; declaration (1) (rje) (Entered: 07/14/2003)
2003-07-1446ORDER by Judge Rosemary M. Collyer : granting motion to extend time to 9/10/03 to file vaughn index [45-1] by DOJ ; defendant DOJ shall file Vaughn Declaration by 9/10/03; defendant DOJ shall file dispositive motion by 10/8/03; (N) (cdw) (Entered: 07/14/2003)
2003-09-1047MOTION filed by federal defendant DOJ to extend time to 9/12/03 to file its vaughn index (rje) (Entered: 09/11/2003)
2003-09-1148ORDER by Judge Rosemary M. Collyer : granting motion to extend time to 9/12/03 to file its vaughn index [47-1] by DOJ; DOJ's dispositive motions due by 10/8/03; vaughn index due by 9/12/03; (N) (cdw) (Entered: 09/11/2003)
2003-09-1249VAUGHN INDEX by federal defendant DOJ; declaration (1); exhibits (2) (rje) Modified on 09/15/2003 (Entered: 09/15/2003)
2004-01-06NOTICE of Hearing: Status Conference set for 1/27/2004 at 09:15 AM in Courtroom 6, second floor, before Judge Rosemary M. Collyer. Please be punctual.(cdw) (Entered: 01/06/2004)
2004-01-06NOTICE of Hearing: Status Conference reset for 2/9/2004 at 11:45 AM in Courtroom 6, second floor, before Judge Rosemary M. Collyer. Please be punctual.(cdw) (Entered: 01/06/2004)
2004-02-09Status Conference held before Judge Rosemary M. Collyer on 2/9/2004. Dispositive Motions due by 3/1/04. Cross Motions and/or Oppositions due by 3/22/04. Replies due by 4/5/04. (Court Reporter: Crystal Pilgrim) (cdw) (Entered: 02/09/2004)
2004-03-0250MOTION for Summary Judgment (Partial by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 )(Harris, Sherri) (Entered: 03/02/2004)
2004-03-0251MOTION for Extension of Time to File Supplemental Dispositive Motion by U.S. DEPARTMENT OF JUSTICE. (Harris, Sherri) (Entered: 03/02/2004)
2004-03-04MINUTE ENTRY ORDER granting 51 Motion for Extension of Time. DOJ shall file Vaughn declarations and a supplemental dispositive motion with respect to records originating with or referring to the first and second government agencies no later than 4/16/04. Signed by Judge Rosemary M. Collyer on 3/4/04. (dsj) (Entered: 03/04/2004)
2004-03-2452Unopposed MOTION for Extension of Time to Respond to Defendants' Motions by JOHN FENTON WHEELER. (Lesar, James) (Entered: 03/24/2004)
2004-03-30MINUTE ENTRY ORDER granting 52 Motion for Extension of Time. Plaintiff shall respond by 5/7/04 to Defendant DOJ's Motion for Partial Summary Judgment, any other dispositive motion, and the filing of any in camera declaration. Signed by Judge Rosemary M. Collyer on 3/30/04. (dsj) (Entered: 03/30/2004)
2004-04-1653Second MOTION for Extension of Time to File Supplemental Motion by U.S. DEPARTMENT OF JUSTICE. (Harris, Sherri) (Entered: 04/16/2004)
2004-04-2154ORDER denying without prejudice 50 Motion for Summary Judgment and granting 53 Consent Motion for Extension of Time. Defendant DOJ is ordered to file a single dispositive motion covering all records and issues no later than 6/16/04. Plaintiff Wheeler is ordered to file his response no later than 7/16/04. DOJ shall file its reply, if any, no later than 8/6/04. Signed by Judge Rosemary M. Collyer on 4/21/04. (dsj) (Entered: 04/21/2004)
2004-04-21Set/Reset Deadlines: DOJ's dispositive motion due by 6/16/2004. Plaintiff's response to dispositive motion due by 7/16/2004. DOJ's reply to dispositive motion due by 8/6/2004. (cdw) (Entered: 04/22/2004)
2004-06-1455Third MOTION for Extension of Time to File Supplemental Dispositive Motion by U.S. DEPARTMENT OF JUSTICE. (Harris, Sherri) (Entered: 06/14/2004)
2004-06-21MINUTE ENTRY ORDER granting 55 Consent Motion for Extension of Time. USDOJ shall file Vaughn declarations and supplemental motion no later than 7/14/04; Plaintiff shall file a response no later than 8/31/04; and USDOJ shall file a reply no later than 9/21/04. Signed by Judge Rosemary M. Collyer on 6/21/04. (dsj) (Entered: 06/21/2004)
2004-07-1456MOTION for Summary Judgment (Public Record) by U.S. DEPARTMENT OF JUSTICE. (Harris, Sherri) (Entered: 07/14/2004)
2004-07-1457MOTION for Extension of Time to File Non-Public Record Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE. (Harris, Sherri) (Entered: 07/14/2004)
2004-07-16MINUTE ENTRY ORDER granting 57 Motion for Extension of Time to File Non-Public Version of Motion. Non-Public version due 7/19/04. Signed by Judge Rosemary M. Collyer on 07/16/04. (jag) (Entered: 07/16/2004)
2004-07-1958MOTION for Leave to File (Submit) In Camera and Ex Parte Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE. (Harris, Sherri) (Entered: 07/19/2004)
2004-07-26MINUTE ENTRY ORDER granting 58 Motion for Leave to File. Signed by Judge Rosemary M. Collyer on 07/26/04. (jag) (Entered: 07/26/2004)
2004-08-0459MOTION for Leave to File Opposition to Defendant's Motion for Leave to File Motion for Summary Judgment In Camera by JOHN FENTON WHEELER. (Attachments: # 1 )(Lesar, James) (Entered: 08/05/2004)
2004-08-13MINUTE ENTRY ORDER finding as moot 59 Motion for Leave to File. Signed by Judge Rosemary M. Collyer on 08/13/04. (jag) (Entered: 08/13/2004)
2004-08-3160MOTION to Vacate Court's Orders of July 26 and August 13 and Stay Proceedings by JOHN FENTON WHEELER. (Lesar, James) (Entered: 08/31/2004)
2004-09-0161ORDER TO SHOW CAUSE why 60 plaintiff's motion to vacate and stay further proceedings should not be granted.Signed by Judge Rosemary M. Collyer on 9/1/04. (ato) (Entered: 09/01/2004)
2004-10-28MINUTE ENTRY ORDER ordering Defendant to comply with the Court's Order dated 9/01/04 by no later than 11/15/04. Signed by Judge Rosemary M. Collyer on 10/28/04. (dyc) (Entered: 10/28/2004)
2004-10-28Set/Reset Deadlines: Defendant's response to Court's order of 9/1/04 due by 11/15/2004. (cdw) (Entered: 10/29/2004)
2004-11-0362ENTERED IN ERROR..... MOTION to Dismiss or in the alternative , MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 # 2 # 3 )(McBarnette, Andrea) Modified on 11/4/2004 (rje, ). (Entered: 11/03/2004)
2004-11-04NOTICE OF CORRECTED DOCKET ENTRY. Document No. 62 was entered in error as the pleading is filed in the wrong case. Said pleading will be filed to the correct case by the Court. (rje, ) (Entered: 11/04/2004)
2004-11-0463RESPONSE TO ORDER TO SHOW CAUSE by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 # 2 )(Mussenden, Paul) (Entered: 11/04/2004)
2004-11-0464ATTORNEY APPEARANCE. (Mussenden, Paul) (Entered: 11/04/2004)
2004-11-1565REPLY to Defs' Response to Order to Show Cause filed by JOHN FENTON WHEELER. (Lesar, James) (Entered: 11/15/2004)
2004-12-0766ORDER denying 60 Plaintiff's Motion to Vacate. See attached Order for further details. Signed by Judge Rosemary M. Collyer on 12/07/04. (dyc) (Entered: 12/07/2004)
2004-12-1667NOTICE of Filing in camera and ex parte motion for summary judgment by U.S. DEPARTMENT OF JUSTICE (Mussenden, Paul) Modified on 12/17/2004 (rje, ). (Entered: 12/16/2004)
2005-01-2468ORDER TO SHOW CAUSE. Plaintiff is ordered, by no later than February 7, 2005, to file an opposition to the motion for summary judgment or show cause why this Court should not treat the motion as conceded. See attached order for details. Signed by Judge Rosemary M. Collyer on January 24, 2005. (ato) (Entered: 01/24/2005)
2005-02-0769RESPONSE TO ORDER TO SHOW CAUSE by JOHN FENTON WHEELER. (Lesar, James) (Entered: 02/07/2005)
2005-02-1470MOTION for Extension of Time to Respond to Defs' Motins for Summary Judgment by JOHN FENTON WHEELER. (Lesar, James) (Entered: 02/14/2005)
2005-02-14MINUTE ENTRY ORDER granting 70 Plaintiff's Motion for Extension of Time to Respond to Defendants' Motion for Summary Judgment. The Order To Show Cause issued by the Court on 2/07/05 is discharged. Signed by Judge Rosemary M. Collyer on 2/14/05. (dyc) (Entered: 02/14/2005)
2005-02-1871Unopposed MOTION for Extension of Time to Respond to Defs' Motions for Summary Judgment by JOHN FENTON WHEELER. (Lesar, James) (Entered: 02/18/2005)
2005-02-24MINUTE ENTRY ORDER granting 71 Plaintiff's Motion for Extension of Time to respond to Defendants' Motion for Summary Judgment. Plaintiff's Opposition is due by no later than March 7, 2005.Signed by Judge Rosemary M. Collyer on 2/24/05. (dyc) (Entered: 02/24/2005)
2005-02-24Set/Reset Deadlines: Response to Motion for Summary Judgment due by 3/7/2005. (cdw) (Entered: 03/02/2005)
2005-03-0772Unopposed MOTION for Extension of Time to Respond to Def's Motion for Summary Judgment by JOHN FENTON WHEELER. (Lesar, James) (Entered: 03/07/2005)
2005-03-08MINUTE ENTRY ORDER granting 72 Plaintiff's Unopposed MOTION for Extension of Time to Respond to Defendants' Motion for Summary Judgment. Signed by Judge Rosemary M. Collyer on 3/8/05. (dyc) (Entered: 03/08/2005)
2005-03-0973MOTION for Leave to File Response to Def's Mot. for Sum. Judgment Out-of-Time by JOHN FENTON WHEELER. (Lesar, James) (Entered: 03/09/2005)
2005-03-0974ENTERED IN ERROR..... MOTION for Summary Judgment , Etc. by JOHN FENTON WHEELER. (Lesar, James) Modified on 3/10/2005 (nmw, ). (Entered: 03/09/2005)
2005-03-0975MOTION for Summary Judgment by JOHN FENTON WHEELER. (Attachments: # 1 Proposed order# 2 Att. 1--AG Reno Memo for the President# 3 Att. 2--Mem. Op. in Keenan (Mar.24, 1997)# 4 Att. 3--Mem. Op. in Keenan (Dec. 16, 1997)# 5 Att. 4--Ltr. to Legat Philcox re Keenan (510917)# 6 Att. 5--Legat, Paris-Dir. (601216)# 7 Att. 6--Legat, Paris-Dir. (621221)# 8 Att. 7--JEH-Keenan (630107)# 9 Att. 8--Felt-Tolson (650525)# 10 Att. 9--SAC, San Juan-Felt (650522)# 11 Att. 10--FBI Regs on Informants# 12 Att. 11--Rules & Regs on Informants# 13 Att. 12--SAC, NY-SAC, WFO re FPCC (610427)# 14 Decl. of John Fenton Wheeler# 15 Decl. of James H. Lesar# 16 Resonse to Def's Statement of Material Facts)(Lesar, James) (Entered: 03/09/2005)
2005-03-10NOTICE OF CORRECTED DOCKET ENTRY. Document No. 74 was entered in error and was refiled as Document No. 75. (nmw, ) (Entered: 03/10/2005)
2005-03-18MINUTE ENTRY ORDER granting nunc pro tunc 73 Plaintiff's Motion for Leave to File. Signed by Judge Rosemary M. Collyer on 3/18/05. (dyc) (Entered: 03/18/2005)
2005-03-2276MOTION for Extension of Time to File Response/Reply to Plaintiff's Opposition and Cross-Motion by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 )(Mussenden, Paul) (Entered: 03/22/2005)
2005-03-31MINUTE ENTRY ORDER granting 76 Defendants' Motion for Extension of Time to File Response/Reply. Defendants' Response and Reply due by 4/8/2005. Signed by Judge Rosemary M. Collyer on 3/31/05. (dyc) (Entered: 03/31/2005)
2005-04-0677MOTION for Extension of Time to File Response/Reply as to 75 MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 )(Mussenden, Paul) (Entered: 04/06/2005)
2005-04-08MINUTE ENTRY ORDER granting 77 Motion for Extension of Time to File Response/Reply. Defendants' reply shall be due by no later than May 11, 2005. No further extensions of time will be granted. Signed by Judge Rosemary M. Collyer on 4/8/05. (dyc) (Entered: 04/08/2005)
2005-05-1178REPLY to opposition to motion re 56 Defendants' Motion for Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF JUSTICE. (Mussenden, Paul) (Entered: 05/11/2005)
2005-05-1179Memorandum in opposition to motion re 75 Plaintiff's Cross-Motion for Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 )(Mussenden, Paul) (Entered: 05/11/2005)
2005-05-2380Unopposed MOTION for Extension of Time to File Reply to Def's Opp. to Pl's Cross-Motion for Summary Judgtment by JOHN FENTON WHEELER. (Lesar, James) (Entered: 05/23/2005)
2005-05-31MINUTE ENTRY ORDER granting 80 Plaintiff's Motion for Extension of Time to File Reply. Plaintiff's Reply is due by May 31, 2005 . Signed by Judge Rosemary M. Collyer on 5/31/05. (dyc) (Entered: 05/31/2005)
2005-05-3181MOTION for Extension of Time to File Response/Reply to Def's Opp. to Pl's Cross-Motion for Summary Judgment by JOHN FENTON WHEELER. (Lesar, James) (Entered: 05/31/2005)
2005-06-0582REPLY to opposition to motion re 75 for summary judgment filed by JOHN FENTON WHEELER. (Attachments: # 1 )(Lesar, James) (Entered: 06/05/2005)
2005-06-09MINUTE ENTRY ORDER granting 81 Plaintiff's Motion for Extension of Time to File Response/Reply nunc pro tunc to June 5, 2005. Signed by Judge Rosemary M. Collyer on 6/9/05. (dyc) (Entered: 06/09/2005)
2005-09-3083MEMORANDUM AND OPINION. Signed by Judge Rosemary M. Collyer on 9/30/05. (dyc) (Entered: 09/30/2005)
2005-09-3084ORDER granting in part and denying in part 56 Defendant's Motion for Summary Judgment, finding as moot 75 Plaintiff's Motion for Summary Judgment. See attached Order for further details. Signed by Judge Rosemary M. Collyer on 9/30/05. (dyc) (Entered: 09/30/2005)
2006-04-1285ORDER requiring the parties to submit a joint schedule for dispositive motions no later than May 12, 2006. Signed by Judge Rosemary M. Collyer on 4/12/2006. (tkf) (Entered: 04/12/2006)
2006-05-0586NOTICE of Appearance by Heather R. Phillips on behalf of U.S. DEPARTMENT OF JUSTICE (Phillips, Heather) (Entered: 05/05/2006)
2006-05-1287NOTICE of Joint Schedule for Filing of Dispositive Motions by U.S. DEPARTMENT OF JUSTICE (Phillips, Heather) (Entered: 05/12/2006)
2006-05-15MINUTE ENTRY ORDER approving the Joint Schedule for Dispositive Motions. Defendants' dispositive motion is due no later than June 12, 2006. Plaintiff's opposition is due no later than July 3, 2006. Defendants' reply is due no later than July 17, 2006. Signed by Judge Rosemary M. Collyer on 5/15/2006. (tkf) (Entered: 05/15/2006)
2006-05-15Set Deadlines/Hearings: Dispositive Motions due by 6/12/2006. Response to Dispositive Motions due by 7/3/2006. Reply to Dispositive Motions due by 7/17/2006. (cdw) (Entered: 05/22/2006)
2006-06-1288MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit 1)(Phillips, Heather) (Entered: 06/12/2006)
2006-06-2089NOTICE OF SUBSTITUTION OF COUNSEL by Eric J. Janson on behalf of CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF JUSTICE Substituting for attorney Heather Phillips (Janson, Eric) (Entered: 06/20/2006)
2006-07-1090MOTION for Extension of Time to Respond to Def's Renewed Mot. for Summary Judgment by JOHN FENTON WHEELER. (Lesar, James) (Entered: 07/10/2006)
2006-07-11MINUTE ENTRY ORDER granting 90 Motion for Extension of Time to File Response. Plaintiff's response shall be filed by no later than July 11, 2006. Defendant's reply shall be filed by no later than July 25, 2006. Signed by Judge Rosemary M. Collyer on 7/11/2006. (tkf) (Entered: 07/11/2006)
2006-07-1291MOTION for Leave to File Pl's Renewed Cross-Motion for Summary Judgment Out-of-Time by JOHN FENTON WHEELER. (Attachments: # 1 Pl's Renewed Cross-Motin for Summary Judgment# 2 Local Rule 7(h) Statement# 3 Proposed Order# 4 Exhibit Exhibit 1# 5 Exhibit Exhibit 2# 6 Exhibit Exhibit 3# 7 Exhibit Exhibit 4)(Lesar, James) (Entered: 07/12/2006)
2006-07-12MINUTE ENTRY ORDER granting 91 Plaintiff's Motion for Leave to File. Signed by Judge Rosemary M. Collyer on 7/12/2006. (tkf) (Entered: 07/12/2006)
2006-07-1292CROSS-MOTION for Summary Judgment by JOHN FENTON WHEELER. (Attachments: # 1 Response to Defendant's Statement of Material Facts# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Text of Proposed Order)(tg, ) (Entered: 07/12/2006)
2006-07-1893Consent MOTION for Extension of Time to File Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment and Opposition to Plaintiff's Renewed Cross-Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE. (Janson, Eric) (Entered: 07/18/2006)
2006-08-0894REPLY to opposition to motion re 91 MOTION for Leave to File Pl's Renewed Cross-Motion for Summary Judgment Out-of-Time , 92 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit Second Declaration of Christine Kiefer)(Janson, Eric) (Entered: 08/08/2006)
2006-08-0895Memorandum in opposition to re 92 CROSS-MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (tg, ) (See docket number 94 for scanned document) (Entered: 08/09/2006)
2006-08-2396Unopposed MOTION for Leave to File Reply to Def's Opp. to Pl's Renewed Cross-Motion for Summary Judgment by JOHN FENTON WHEELER. (Attachments: # 1 Replly to Def's Opp. to Pl's Renewed Cross-Motion for Summary Judgment# 2 Affidavit Declaration of James H. Lesar# 3 Exhibit Exhibit 1# 4 Exhibit Exhibit 2# 5 Exhibit Exhibit 3# 6 Exhibit Exhibit 4# 7 Exhibit Exhibit 5)(Lesar, James) (Entered: 08/23/2006)
2006-08-23MINUTE ENTRY ORDER granting 96 Plaintiff's Unopposed Motion for Leave to File Reply. Signed by Judge Rosemary M. Collyer on 8/23/2006. (tkf) (Entered: 08/23/2006)
2006-08-2397REPLY to opposition to 92 Cross-MOTION for Summary Judgment filed by JOHN FENTON WHEELER. (Attachments: # 1 Declaration of J. Lesar# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5)(tg, ) (Entered: 09/01/2006)
2006-08-25MINUTE ENTRY ORDER directing Counsel for the FBI to respond to Plaintiff's assertion that "worksheets" and "search slips" are different kinds of documents. A response shall be filed by no later than September 1, 2006. Signed by Judge Rosemary M. Collyer on 8/25/2006. (tkf) (Entered: 08/25/2006)
2006-09-0198RESPONSE TO ORDER OF THE COURT of August 25, 2006 filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Affidavit Third Declaration of David H. Hardy)(Janson, Eric) (Entered: 09/01/2006)
2006-09-0599RESPONSE re 98 Response to Order of the Court filed by JOHN FENTON WHEELER. (Lesar, James) (Entered: 09/05/2006)
2006-10-19100NOTICE OF SUBSTITUTION OF COUNSEL by Doris Denise Coles-Huff on behalf of CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF JUSTICE Substituting for attorney Eric Janson (Coles-Huff, Doris) (Entered: 10/19/2006)
2006-11-21101MEMORANDUM OPINION. Signed by Judge Rosemary M. Collyer on 11/21/2006. (ses) (Entered: 11/21/2006)
2006-11-21102ORDER granting 88 Defendant's Motion for Summary Judgment, and denying 92 Plaintiff's Cross-Motion for Summary Judgment. See attached Order for further details. Signed by Judge Rosemary M. Collyer on 11/21/2006. (ses) (Entered: 11/21/2006)
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