Case Detail

FOIA Project Annotation: Judge Royce Lamberth has ruled that the Justice Department failed to show that its most recent edition of its manual called Federal Prosecution of Election Officials is protected by Exemption 5 (deliberative process privilege) or that names and work numbers of agency paralegals are protected under Exemption 6 (invasion of privacy) or Exemption 7(C) (invasion of privacy concerning law enforcement records). He also rejected the agency's request for an Open America stay and agreed that the Leadership Conference for Civil Rights qualified to have its request concerning voter intimidation and DOJ monitoring of federal elections expedited. The agency withheld the seventh edition of the prosecution guide, claiming it was a draft. But Lamberth agreed with the Leadership Conference that the agency had made the draft guidance available to the public at the "Ballot Access & Voting Integrity Symposium III" held in Washington in July 2004. Lamberth observed that "at the symposium, defendants made available copies of the training manual to numerous people outside the executive branch." He added: "Because the manual was made available to individuals not associated with the executive branch, it cannot be an 'inter-agency or intra-agency' communication, and thus does not satisfy the requirements for application of the deliberative process privilege of Exemption 5." He then indicated that the guidance was no longer considered preliminary by the time it was distributed at the conference, pointing out that "the 2004 manual was not distributed to the symposium attendees to generate suggestions, additional input or recommendations before adoption of a final 7th Edition of the manual. Rather, the training manual was distributed as updated guidance for the attendees. . .Moreover, the Justice Department established the finality of the 2004 training manual when they decided to use it to train federal prosecutors for the 2004 national election." Lamberth then rejected the claim that the paralegals' names and work numbers were protected by Exemption 6. He explained that "a name and work telephone number is not personal or intimate information, such as a home address or a social security number, that normally would be considered protected information under FOIA Exemption 6." He added that "the Court can find no privacy interest associated with the agency paralegals and their involvement with communications about plaintiff's FOIA requests. In fact, their names and work telephone numbers are already publicly available from the Office of Personnel Management." Lamberth rejected the agency's argument that it had a backlog of requests, including 16 "project" requests that took substantial manpower. He noted that "the Court is in no position to determine which 'projects' warrant an emergency treatment and which 'projects' do not. Furthermore, the Court will not get involved in defendants' personnel and project management difficulties. Therefore, defendants have shown the existence of a predictable backlog of FOIA requests. In addition, defendants have not convinced the Court that they are acting with due diligence to decrease their backlog." Finally, Lamberth found the Leadership Conference qualified for expedited processing. He pointed out that they were "primarily engaged in disseminating information" regarding civil rights. He observed that "the urgency element is met because of the upcoming expiration of the special provisions of the Voting Rights Act in 2007. Plaintiff is monitoring election law reform and coordinating the legislative campaign to re-authorize provisions of the Voting Rights Act that are due to expire in 2007. Plaintiff's FOIA requests could have a vital impact on development of the substantive record in favor of re-authorizing or making permanent the special provisions of the Voting Rights Act. In addition, the administrative record in this case is full of news reports and magazine articles regarding minority voter intimidation and vote suppression. The importance of this issue is paramount and expedition of these documents could advance the current debate over the Voting Rights Act."
Issues: Exemption 7(C) - Invasion of privacy concerning law enforcement records, Exemption 6 - Invasion of privacy, Exemption 5 - Privileges - Deliberative process privilege - Deliberative

FOIA Project Annotation: Judge Royce Lamberth has rejected the Justice Department's request that he reconsider his earlier conclusion that the names and phone numbers of paralegals are not protected by Exemption 6 (invasion of privacy) or Exemption 7(C) (invasion of privacy concerning law enforcement records). The case involved a suit brought by the Leadership Conference on Civil Rights, which had requested records concerning the monitoring of federal elections from 1988 to the present to be used during upcoming hearings on reauthorizing the Voting Rights Act. Saying that the information was not similar to a personnel or medical file, he pointed out that "even if 'some privacy interest' exists in the names and office numbers of the Justice Department Criminal Division paralegals that administer the ballot security initiative, that interest would not overcome the 'strong public interest' that exists in public scrutiny of what the Justice Department is up to with its ballot security initiative." Lamberth rejected the agency's claim that his previous decision conflicted with Wood v. FBI, 432 F.3d 78 (2nd Cir. 2005). But Lamberth, indicating that Wood involved identifying information about FBI investigative personnel, said that in this case "the individuals are paralegals who are made to identify to prosecutors the person to whom their voting integrity initiative reports and records should be sent at the Department of Justice. This is very different from investigative personnel employed by the FBI. A paralegal's privacy interest is not as particularized, and the public interest in disclosure is substantially greater than in Wood." Lamberth also pointed out that he had already ruled that the names and phone numbers did not qualify under 7(C) because they were not compiled for law enforcement purposes.
Issues: Exemption 6 - Invasion of privacy, Exemption 7(C) - Invasion of privacy concerning law enforcement records

Date Filed	Doc #	Docket Text
2004-09-28	1	COMPLAINT against JOHN ASHCROFT, U.S. DEPARTMENT OF JUSTICE (Filing fee $ 150) filed by LEADERSHIP CONFERENCE ON CIVIL RIGHTS.(bm) (Entered: 09/29/2004)
2004-09-28		SUMMONS (3) Issued as to JOHN ASHCROFT, U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (bm) (Entered: 09/29/2004)
2004-09-28	2	LCvR 7.1 - CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests (bm) (Entered: 09/29/2004)
2004-09-29		Summons (1) Issued as to U.S. DEPARTMENT OF JUSTICE (rje, ) (Entered: 09/30/2004)
2004-10-07	3	Emergency MOTION for Protective Order and to Quash Subpoena by JOHN ASHCROFT, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit Subpoena# 2 Text of Proposed Order)(Henault, John) (Entered: 10/07/2004)
2004-10-08	4	Memorandum in opposition to motion re 3 Protective Order to Quash Subpoena filed by LEADERSHIP CONFERENCE ON CIVIL RIGHTS. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Text of Proposed Order)(Smith, Eleanor) (Entered: 10/08/2004)
2004-10-12	5	ORDER temporarily granting 3 Motion for Protective Order; opposition due 10/14/2004 at 5:00 PM; reply due 10/18/2004 at 5:00 PM. Signed by Judge Royce C. Lamberth on October 8, 2004. (lcrcl2, ) (Entered: 10/12/2004)
2004-10-18	6	NOTICE of Appearance by Claire M. Whitaker on behalf of JOHN ASHCROFT, U.S. DEPARTMENT OF JUSTICE (Whitaker, Claire) (Entered: 10/18/2004)
2004-10-18	7	REPLY to opposition to motion re 3 to quash subpoena filed by JOHN ASHCROFT, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit Plaintiff's FOIA Requests)(Whitaker, Claire) (Entered: 10/18/2004)
2004-10-20		Set/Reset Hearings: Motion Hearing set for 10/20/2004 03:30 PM in Courtroom 21 before Judge Royce C. Lamberth. (mon, ) (Entered: 10/20/2004)
2004-10-20		Minute Entry for proceedings held before Judge Royce C. Lamberth : Present for plaintiff: Eleanor H. Smith,Esq.; Present for defendants: Ausa Claire Whitaker, Thomas McIntyre,Esq and Elizabeth Shapiro,Esq, Dept of Justice;Motion Hearing held on 10/20/2004 re 3 Emergency MOTION for Protective Order and to Quash Subpoena filed by JOHN ASHCROFT, U.S. DEPARTMENT OF JUSTICE heard and granted. Status Conference set for 10/29/2004 09:30 AM in Courtroom 21 before Judge Royce C. Lamberth. (Court Reporter Theresa Sorensen.) (mon, ) (Entered: 10/20/2004)
2004-10-20	8	ORDER granting 3 Motion for Protective Order and to Quash plaintiff's subpoena of 10/7/2004. Signed by Judge Royce C. Lamberth on October 20, 2004. (lcrcl2, ) (Entered: 10/20/2004)
2004-10-26	9	SUMMONS Returned Executed by LEADERSHIP CONFERENCE ON CIVIL RIGHTS. JOHN ASHCROFT served on 9/28/2004, answer due 10/28/2004. (Smith, Eleanor) (Entered: 10/26/2004)
2004-10-26	10	SUMMONS Returned Executed by LEADERSHIP CONFERENCE ON CIVIL RIGHTS. U.S. DEPARTMENT OF JUSTICE of the criminal division served on 9/28/2004, answer due 10/28/2004. (Smith, Eleanor) Modified on 10/26/2004 (rje, ). (Entered: 10/26/2004)
2004-10-26	11	SUMMONS Returned Executed by LEADERSHIP CONFERENCE ON CIVIL RIGHTS. U.S. DEPARTMENT OF JUSTICE served on 9/29/2004, answer due 10/29/2004. (Smith, Eleanor) (Entered: 10/26/2004)
2004-10-26	12	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the US Attorney. U.S. DEPARTMENT OF JUSTICE served on 9/28/2004, answer due 10/28/2004 (Smith, Eleanor) Modified on 10/26/2004 (rje, ). (Entered: 10/26/2004)
2004-10-28	13	ANSWER to Complaint by JOHN ASHCROFT, U.S. DEPARTMENT OF JUSTICE.(Whitaker, Claire) (Entered: 10/28/2004)
2004-10-29		Minute Entry for proceedings held before Judge Royce C. Lamberth : Present for plaintiff: Eleanor H. Smith,Esq; Present for defendants: AUSA Claire Whitaker; Thomas McIntyre, Esq(FOIA,DOJ);Status Conference held on 10/29/2004. (Court Reporter Theresa Sorensen.) (mon, ) (Entered: 11/01/2004)
2004-11-29	14	MOTION for Extension of Time to file Vaughn Index, Motion for Summary Judgment and Motion for Open America Stay by JOHN ASHCROFT, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 11/29/2004)
2004-12-08	15	ORDER granting 14 defendants' unopposed Motion for Extension of Time to file Vaughn Index, Motion for Summary Judgment, and Motion for Open America Stay. Defendants' Vaugn Index, Motion for Summary Judgment, and Motion for Open America Stay due by 12/10/2004. Signed by Judge Royce C. Lamberth on December 8, 2004. (lcrcl2, ) (Entered: 12/08/2004)
2004-12-10	16	MOTION for Partial Summary Judgment and Motion for an Open America Stay by JOHN ASHCROFT, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Attachment A-Declaration of Thomas McIntyre supporting Partial Motion for Summary Judgment# 2 Attachment B Decl. of Thomas McIntyre supporting the Motion for an Open America Stay# 3 Text of Proposed Order)(Whitaker, Claire) (Entered: 12/10/2004)
2004-12-17	17	Consent MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Partial Summary Judgment and Motion for an Open America Stay by LEADERSHIP CONFERENCE ON CIVIL RIGHTS. (Attachments: # 1 Text of Proposed Order)(Smith, Eleanor) (Entered: 12/17/2004)
2004-12-20	18	ORDER granting 17 plaintiff's Consent Motion for Extension of Time to File Response/Reply to defendants' Motion for Partial Summary Judgment and an Open America Stay on Plaintiff's Remaining Request. Plaintiff's response due by 1/14/2005. Signed by Judge Royce C. Lamberth on December 20, 2004. (lcrcl2, ) (Entered: 12/20/2004)
2004-12-20		Set/Reset Deadlines: Responses by plaintiff to defendants' motiondue by 1/14/2005 (mon, ) (Entered: 12/27/2004)
2005-01-07	19	Consent MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Partial Summary Judgment and Motion for an Open America Stay by LEADERSHIP CONFERENCE ON CIVIL RIGHTS. (Attachments: # 1 Text of Proposed Order Proposed Order)(Smith, Eleanor) (Entered: 01/07/2005)
2005-01-07		MINUTE ORDER granting 19 plaintiff's Motion for Extension of Time to File a response to defendants' Motion for Partial Summary Judgment and an Open America Stay on Plaintiff's Remaining Request; plaintiff shall file its response no later than January 31, 2005. Signed by Judge Royce C. Lamberth on January 7, 2005. (lcrcl2, ) (Entered: 01/07/2005)
2005-01-07		Set/Reset Deadlines: Response to Motion for Partial Summary Judgment due by 1/31/2005. (mon, ) (Entered: 01/24/2005)
2005-01-27	20	Consent MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Partial Summary Judgment and Motion for an Open America Stay by LEADERSHIP CONFERENCE ON CIVIL RIGHTS. (Attachments: # 1 Text of Proposed Order Proposed Order)(Smith, Eleanor) (Entered: 01/27/2005)
2005-01-27	21	ORDER granting 20 Motion for Extension of Time to File Response/Reply; plaintiff's response to 16 defendant's dispositive motion/motion to stay due 2/28/2005. Signed by Judge Royce C. Lamberth on January 27, 2005. (lcrcl2, ) (Entered: 01/27/2005)
2005-01-27		Set/Reset Deadlines: Response to Dispositive Motions due by 2/28/2005. (mon, ) (Entered: 01/31/2005)
2005-01-27		Set/Reset Deadlines: Response to Dispositive Motions due by 2/28/2005. (mon, ) (Entered: 02/01/2005)
2005-02-27	22	MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Partial Summary Judgment and Motion for an Open America Stay by LEADERSHIP CONFERENCE ON CIVIL RIGHTS. (Attachments: # 1 Text of Proposed Order Re. Motion for Extension of Time)(Smith, Eleanor) (Entered: 02/27/2005)
2005-03-01		MINUTE ORDER granting 22 plaintiff's Consent Motion for Extension of Time to File Response to defendant's Motion for Partial Summary Judgment and an Open America Stay on Plaintiff's Remaining Request; plaintiff's response due 3/4/2005. Signed by Judge Royce C. Lamberth on March 1, 2005. (lcrcl2, ) (Entered: 03/01/2005)
2005-03-04	23	MOTION for Leave to File Excess Pages by LEADERSHIP CONFERENCE ON CIVIL RIGHTS. (Attachments: # 1 Text of Proposed Order Proposed Order)(Smith, Eleanor) (Entered: 03/04/2005)
2005-03-04	24	ENTERED IN ERROR.....NOTICE of Filing CD Rom (Tabs 1-100) by LEADERSHIP CONFERENCE ON CIVIL RIGHTS re 16 MOTION for Partial Summary Judgment and Motion for an Open America Stay (Smith, Eleanor) Modified on 3/7/2005 (rje, ). (Entered: 03/04/2005)
2005-03-04	25	ENTERED IN ERROR.....Memorandum in opposition to motion re 16 Partial Summary Judgment and for Stay filed by LEADERSHIP CONFERENCE ON CIVIL RIGHTS. (Attachments: # 1 Supplement Response to Defendants' Statement of Material Facts Not in Dispute# 2 Text of Proposed Order)(Smith, Eleanor) Modified on 3/7/2005 (rje, ). (Entered: 03/04/2005)
2005-03-04	26	ENTERED IN ERROR.....Memorandum in opposition to motion re 16 Partial Summary Judgment and for a Stay filed by LEADERSHIP CONFERENCE ON CIVIL RIGHTS. (Attachments: # 1 Exhibit Tab A# 2 Exhibit Tab A Exhibit List (Tabs 1-100)# 3 Exhibit Tab B# 4 Exhibit Tab C)(Smith, Eleanor) Modified on 3/7/2005 (rje, ). (Entered: 03/04/2005)
2005-03-04	27	ENTERED IN ERROR.....Memorandum in opposition to motion re 16 Partial Summary Judgment and for a Stay filed by LEADERSHIP CONFERENCE ON CIVIL RIGHTS. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12# 13 Exhibit 13# 14 Exhibit 14# 15 Exhibit 15# 16 Exhibit 16# 17 Exhibit 17# 18 Exhibit 18# 19 Exhibit 19)(Smith, Eleanor) Modified on 3/7/2005 (rje, ). (Entered: 03/04/2005)
2005-03-04	28	ENTERED IN ERROR..... MOTION for Partial Summary Judgment on Its Request for Expedited Processing (SEE DOCUMENT NOS. 24, 25, 26, 27 FOR BRIEF, DECLARATIONS, EXHIBITS, NOTICE OF FILING CD ROM OF TABS 1-100 AND PROPOSED ORDER IN SUPPORT OF THIS MOTION) by LEADERSHIP CONFERENCE ON CIVIL RIGHTS. (Attachments: # 1 Supplement Plaintiff's Statement of Material Facts Not in Dispute)(Smith, Eleanor) Modified on 3/7/2005 (rje, ). (Entered: 03/04/2005)
2005-03-07		NOTICE OF CORRECTED DOCKET ENTRY. Document Nos. 24, 25, 26, 27 & 28 were entered in error and counsel has been instructed on how to refile said pleadings on a CD-Rom due to problems in transmission to the court from counsel's office. (rje, ) (Entered: 03/07/2005)
2005-03-07		MINUTE ORDER granting 23 plaintiff's Motion for Leave to File Excess Pages. Signed by Judge Royce C. Lamberth on March 7, 2005. (lcrcl2, ) (Entered: 03/07/2005)
2005-03-07	29	MOTION for Partial Summary Judgment by LEADERSHIP CONFERENCE ON CIVIL RIGHTS. (Attachments: # 1 Declaration of Wade Henderson with Attachments# 2 Declaration of Rahul Randhava with attachments# 3 Notice of Exhibits 1-100# 4 Text of Proposed Order)(rje, ) (Entered: 03/09/2005)
2005-03-07	30	Memorandum in opposition to motion re 16 for partial summary judgment; (SEE DOCUMENT NO. 29 FOR THE IMAGE OF THE PLEADING) filed by LEADERSHIP CONFERENCE ON CIVIL RIGHTS. (rje, ) (Entered: 03/09/2005)
2005-03-17	31	Consent MOTION for Extension of Time to file an Opposition to Plaintiff's Motion for Partial Summary Judgment re Request for Expedited Processing and Reply to Plaintiff's Opposition to Defendants' Motion for Partial Summary Judgment and a Stay by JOHN ASHCROFT, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 03/17/2005)
2005-04-12	32	MOTION for Extension of Time to file an opposition to Plaintiff's Motion for Partial Summary Judgment regarding expedited processing of its FOIA request and a reply to Plaintiff's Opposition to Defendants' Motion for Partial Summary Judgment and a Stay by JOHN ASHCROFT, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Affidavit Supplemental Declaration of Thomas J. McIntyre in Support of Enlargement of Time# 2 Text of Proposed Order)(Whitaker, Claire) (Entered: 04/12/2005)
2005-04-27	33	ORDER granting nunc pro tunc 31 defendants' first consent Motion for Extension of Time to oppose plaintiff's motion for partial summary judgment and file a reply in support of defendants' motion for partial summary judgment and a stay. Signed by Judge Royce C. Lamberth on April 27, 2005. (lcrcl2, ) (Entered: 04/27/2005)
2005-04-27	34	ORDER granting 32 defendants' second Consent Motion for Extension of Time to oppose plaintiff's motion for partial summary judgment and file reply in support of defendants' motion for partial summary judgment and a stay; defendants' opposition and reply due 5/4/2005. Signed by Judge Royce C. Lamberth on April 27, 2005. (lcrcl2, ) (Entered: 04/27/2005)
2005-04-27		Set/Reset Deadlines: Defendants' Response to plaintiff's motion for partial summary judgment due by 5/4/2005 ; Defendants' Reply to it's motion for partial summary judgment and stay due by 5/4/2005. (mon, ) (Entered: 04/29/2005)
2005-05-03	35	Consent MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion for Partial Summary Judgment and reply to Plaintiff's Opposition to Defendants' Motion for Partial Summary Judgment and a Stay by JOHN ASHCROFT, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 05/03/2005)
2005-05-25	36	Consent MOTION for Extension of Time to file Defendants' Opposition to Plaintiff's Motion for Partial Summary Judgment and to reply to Plaintiff's Opposition to Defendants' Motion for Partial Summary Judgment and a Stay by JOHN ASHCROFT, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 05/25/2005)
2005-06-10	37	MOTION for Extension of Time to File Response/Reply to plaintiff's motion for partial summary judgment and plaintiff's opposition to defendant's motion for partial summary judgment and "Open America" stay by JOHN ASHCROFT, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 06/10/2005)
2005-06-13	38	Memorandum in opposition to motion re 29 Defendants' Opposition to Plaintiff's Motion for Partial Summary Judgment and Reply to Plaintiff's Opposition to Defendants' Motion For Partial Summary Judgment and Open America Stay filed by JOHN ASHCROFT, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Text of Proposed Order)(Whitaker, Claire) (Entered: 06/13/2005)
2005-06-13	39	REPLY to opposition to motion re 16 Defendants' Opposition to Plaintiff's Motion for Partial Summary Judgment and Reply to Plaintiff's Opposition to Defendants' Motion For Partial Summary Judgment and Open America Stay filed by JOHN ASHCROFT, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Text of Proposed Order)(Whitaker, Claire) (Entered: 06/13/2005)
2005-06-30	40	REPLY to opposition to motion re 29 Motion for Partial Summary Judgment filed by LEADERSHIP CONFERENCE ON CIVIL RIGHTS. (Attachments: # 1 Exhibit Plaintiff's Exhibit 101)(Smith, Eleanor) (Entered: 06/30/2005)
2005-07-05	41	ORDER granting nunc pro tunc 35 defendants' Consent Motion for Extension of Time; granting nunc pro tunc 36 defendants' Consent Motion for Extension of Time; granting nunc pro tunc 37 defendants' unopposed Motion for Extension of Time; Defendants' Opposition 38 , Defendants' Reply 39 , and Plaintiff's Reply 40 all hereby deemed timely filed. Signed by Judge Royce C. Lamberth on June 30, 2005. (lcrcl2, ) (Entered: 07/05/2005)
2005-07-07	42	NOTICE of Change of Address by Eleanor Huske Smith (Smith, Eleanor) (Entered: 07/07/2005)
2005-08-15	43	ENTERED IN ERROR..... MOTION to Expedite Consideration of Plaintiff's Cross-Motion for Partial Summary Judgment by LEADERSHIP CONFERENCE ON CIVIL RIGHTS. (Attachments: # 1 Text of Proposed Order Proposed order# 2 Affidavit Second Declaration of Wade Henderson# 3 Exhibit Plaintiff's Exhibit 20# 4 Exhibit Plaintiff's Exhibit 21# 5 Exhibit Plaintiff's Exhibit 22# 6 Exhibit Plaintiff's Exhibit 23# 7 Exhibit Plaintiff's Exhibit 24# 8 Affidavit Second Declaration of Rahul Randhava# 9 Exhibit Plaintiff's Exhibit 25)(Smith, Eleanor) Modified on 8/16/2005 (rje, ). (Entered: 08/15/2005)
2005-08-16		NOTICE OF CORRECTED DOCKET ENTRY: Document No. 43 was entered in error and counsel was instructed to refile said pleading. (rje, ) (Entered: 08/16/2005)
2005-08-16	44	MOTION to Expedite Plaintiff's Motion for Expedited Consideration by LEADERSHIP CONFERENCE ON CIVIL RIGHTS. (Attachments: # 1 Text of Proposed Order # 2 Affidavit Second Declaration of Wade Henderson# 3 Exhibit Plaintiff's Exhibit 20# 4 Exhibit Plaintiff's Exhibit 21# 5 Exhibit Plaintiff's Exhibit 22# 6 Exhibit Plaintiff's Exhibit 23# 7 Exhibit Plaintiff's Exhibit 24# 8 Affidavit Second Declaration of Rahul Randhava# 9 Exhibit Plaintiff's Exhibit 25)(Smith, Eleanor) (Entered: 08/16/2005)
2005-08-31	45	NOTICE of Appearance by Kathleen M. Konopka on behalf of JOHN ASHCROFT, U.S. DEPARTMENT OF JUSTICE (Konopka, Kathleen) (Entered: 08/31/2005)
2005-10-12	46	NOTICE of Filing by LEADERSHIP CONFERENCE ON CIVIL RIGHTS re 44 MOTION to Expedite Plaintiff's Motion for Expedited Consideration (Attachments: # 1 Exhibit Voting Rights Hearing Scheduled for October 18, 2005)(Smith, Eleanor) (Entered: 10/12/2005)
2005-12-09	47	MEMORANDUM AND OPINION. Signed by Judge Royce C. Lamberth on 12/9/2005. (lcrcl1, ) (Entered: 12/09/2005)
2005-12-09	48	ORDER granting in part and denying in part defendants' motion 16 for summary judgment and an Open America Stay; plaintiff's motion 29 for partial summary judgment is granted in part and denied in part; defendants shall expedite processing plaintiff's FOIA requests and produce the requested records to plaintiffs as soon as practicable, but no later than September 28, 2006; defendants have to and including October 28, 2006, to provide a Vaughn Index, supporting declaration and motion for summary judgment relating to the remaining FOIA requests before the Court; defendants shall disclose to plaintiffs the draft of the proposed 7th Edition of Federal Prosecution of Election Officials and the names and work telephone extension numbers of paralegals of the Department of Justice that have been withheld; defendants may withhold the information redacted from law enforcement records in the court records and filing previously processed; plaintiff's motion 44 to Expedite Plaintiff's Motion for Expedited Consideration is found to be moot.(lcrcl1, ) (Entered: 12/09/2005)
2005-12-09		Set/Reset Deadlines: Defendant to produce by 9/28/06 certain records requested by plaintiff under FOIA; Defendants to submit Vaughn Index by 10/28/06. (mon, ) (Entered: 12/12/2005)
2005-12-23	49	MOTION to Alter Judgment, MOTION to Stay re 48 Order on Motion for Summary Judgment,,,,, Order on Motion to Expedite,,,,, Order on Motion for Partial Summary Judgment,,,, Motion to Alter and Amend Pursuant to Fed.R.Civ.P. 59(e) this Court's Ruling of December 9, 2005, and to Stay the Production of Court-Ordered Documents by JOHN ASHCROFT, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Affidavit Supplemental Declaration of Thomas J. McIntyre in Support of Motion for Reconsideration with Exhibits# 2 Exhibit Wood v. FBI, et al.# 3 Text of Proposed Order)(Whitaker, Claire) (Entered: 12/23/2005)
2006-01-06	50	Consent MOTION for Extension of Time to File Response/Reply as to 49 MOTION to Alter Judgment MOTION to Stay re 48 Order on Motion for Summary Judgment,,,,, Order on Motion to Expedite,,,,, Order on Motion for Partial Summary Judgment,,,, Motion to Alter and Amend Pursuant to Fed.R.Civ.P. 59(e) this Court's Ruling of Decem MOTION to Stay re 48 Order on Motion for Summary Judgment,,,,, Order on Motion to Expedite,,,,, Order on Motion for Partial Summary Judgment,,,, Motion to Alter and Amend Pursuant to Fed.R.Civ.P. 59(e) this Court's Ruling of Decem MOTION to Stay re 48 Order on Motion for Summary Judgment,,,,, Order on Motion to Expedite,,,,, Order on Motion for Partial Summary Judgment,,,, Motion to Alter and Amend Pursuant to Fed.R.Civ.P. 59(e) this Court's Ruling of Decem by LEADERSHIP CONFERENCE ON CIVIL RIGHTS. (Attachments: # 1 Text of Proposed Order Proposed Order)(Smith, Eleanor) (Entered: 01/06/2006)
2006-01-12	51	ORDER granting 50 plaintiff's Motion for Extension of Time to File Response/Reply; plaintiff shall have through January 13, 2006, to respond to defendants' Motion to Alter and Amend Pursuant to Fed.R.Civ.P. 59(e). Signed by Judge Royce C. Lamberth on 1/12/2006. (lcrcl1, ) (Entered: 01/12/2006)
2006-01-13	52	Memorandum in opposition to re 49 Defendants' Motion to Alter and Amend Pursuant to Fed. R. Civ. P. 59(e) This Court's Ruling of December 9, 2005 and to Stay the Production of Court-Ordered Documents filed by LEADERSHIP CONFERENCE ON CIVIL RIGHTS. (Attachments: # 1 Exhibit Plaintiff's Exhibit 102# 2 Exhibit Plaintiff's Exhibit 103# 3 Exhibit Plaintiff's Exhibit 104# 4 Exhibit Plaintiff's Exhibit 105# 5 Exhibit Plaintiff's Exhibit 106# 6 Exhibit Plaintiff's Exhibit 107)(Smith, Eleanor) (Entered: 01/13/2006)
2006-01-23	53	MOTION for Extension of Time to reply to plaintiff's opposition to defendants' Fed. R. Civ. P. 59(e) motion to alter and amend and to stay production by JOHN ASHCROFT, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 01/23/2006)
2006-01-23	54	ORDER granting 53 defendants' Motion for an Extension of Time; defendants shall have through February 2, 2006, to file a reply to plaintiff?s opposition to defendants? Fed.R.Civ.P. 59(e) motion and to stay production of documents in this Freedom of Information Act case. Signed by Judge Royce C. Lamberth on 1/23/06. (lcrcl1, ) (Entered: 01/23/2006)
2006-01-23		Set/Reset Deadlines: Replies due by 2/2/2006. (zmon, ) (Entered: 01/27/2006)
2006-02-02	55	REPLY to opposition to motion re 49 Defendants' Motion to Alter and Amend this Court's Ruling of December 9, 2005, and to Stay the Production of Court-Ordered Documents filed by JOHN ASHCROFT, U.S. DEPARTMENT OF JUSTICE. (Whitaker, Claire) (Entered: 02/02/2006)
2006-02-06	56	NOTICE OF INTERLOCUTORY APPEAL as to 48 Order, 47 Memorandum & Opinion by JOHN ASHCROFT, U.S. DEPARTMENT OF JUSTICE. Filing fee $ 0.00. (tg, ) (Entered: 02/07/2006)
2006-02-07		Transmission of Notice of Interlocutory Appeal and Docket Sheet to US Court of Appeals re 56 Notice of Interlocutory Appeal (tg, ) (Entered: 02/07/2006)
2006-02-17	57	Consent MOTION to Expedite Consideration of Defendants' Rule 59(e) Motion by LEADERSHIP CONFERENCE ON CIVIL RIGHTS. (Attachments: # 1 Exhibit Plaintiff's Exhibit 108# 2 Text of Proposed Order Proposed Order)(Smith, Eleanor) (Entered: 02/17/2006)
2006-02-24		USCA Case Number 06-5055 for 56 Notice of Interlocutory Appeal filed by JOHN ASHCROFT, U.S. DEPARTMENT OF JUSTICE. (tg, ) (Entered: 02/27/2006)
2006-03-20	58	ORDER denying defendants' Motion 49 to Alter or Amend Judgment and to Stay the Production of Court Ordered Documents, granting 57 plaintiff's Motion 57 for Expedited Consideration of defendants' Rule 59(e) motion. Signed by Judge Royce C. Lamberth on 3/20/06. (lcrcl1, ) (Entered: 03/20/2006)
2006-05-23	59	ORDER of USCA (certified copy) as to 56 Notice of Interlocutory Appeal filed by JOHN ASHCROFT,, U.S. DEPARTMENT OF JUSTICE; It is hereby ordered that the motion to dismiss appeal be granted and this case is hereby dismissed; USCA#06-5055 (jsc) (Entered: 06/05/2006)
2006-10-30	60	NOTICE of Filing of Vaughn Indices and declarations - Part I by JOHN ASHCROFT, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 # 2 # 3 # 4 # 5 )(Whitaker, Claire) (Entered: 10/30/2006)
2006-10-30	61	NOTICE of Filing of Vaughn Indices and declarations - Part II by JOHN ASHCROFT, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 )(Whitaker, Claire) (Entered: 10/30/2006)
2006-10-30	62	MOTION for Extension of Time to Review Outstanding Referrals (to 11/8/06) and to file dispositive motion (to 11/13/06) by JOHN ASHCROFT, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 10/30/2006)
2006-11-07	63	NOTICE of Filing of Declaration/Vaughn Indicies by JOHN ASHCROFT, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Civil Rights Division Declaration# 2 Citizenship and Immigration Declaration# 3 EOUSA Declaration)(Whitaker, Claire) (Entered: 11/07/2006)
2006-11-08	64	MOTION for Extension of Time to file a declaration and/or Vaughn Index relating to a referral in this matter to Department of Homeland Security by JOHN ASHCROFT, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 11/08/2006)
2006-11-09	65	Consent MOTION for Extension of Time to file Defendants' Motion for Summary Judgment by JOHN ASHCROFT, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 11/09/2006)
2006-11-13	66	MOTION for Extension of Time to File a declaration and/or Vaughn Index by JOHN ASHCROFT, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 11/13/2006)
2006-11-14	67	ORDER granting 65 Motion for Extension of Time to file defendants' motion for summary judgment until December 13, 2006. Signed by Judge Royce C. Lamberth on 11/14/2006. (lcrcl1, ) (Entered: 11/14/2006)
2006-11-14	68	ORDER granting 66 Motion for Extension of Time to File Vaughn Index on behalf of Department of Homeland Security until December 20, 2006. Signed by Judge Royce C. Lamberth on 11/14/2006. (lcrcl1, ) (Entered: 11/14/2006)
2006-11-14		Set/Reset Deadlines: Defendants' Summary Judgment motions due by 12/13/2006. (rje) (Entered: 11/14/2006)
2006-12-13	69	Consent MOTION for Extension of Time to file dispositive motion by JOHN ASHCROFT, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 12/13/2006)
2006-12-13	70	ORDER granting 69 Motion for Extension of Time to file dispositive motion. Defendants have to and including January 17, 2007 to file a dispositive motion. Signed by Judge Royce C. Lamberth on 12/13/2006. (lcrcl1, ) (Entered: 12/13/2006)
2006-12-14		Set/Reset Deadlines: Defendants Dispositive Motions due by 1/17/2007. (rje) (Entered: 12/14/2006)
2007-01-16	71	Consent MOTION for Extension of Time to file defendants' motion for summary judgment by JOHN ASHCROFT, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 01/16/2007)
2007-01-18	72	ORDER granting 71 Motion for Extension of Time. Defendants shall have to and including February 20, 2007 to file a dispositive motion. Signed by Judge Royce C. Lamberth on 1/18/2007. (lcrcl1, ) (Entered: 01/18/2007)
2007-01-19		Set/Reset Deadlines: Defendant Dispositive Motion due by 2/20/2007. (rje) (Entered: 01/19/2007)
2007-02-20	73	Consent MOTION for Extension of Time to file defendants' motion for summary judgment by JOHN ASHCROFT, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 02/20/2007)
2007-03-12	74	Consent MOTION for Extension of Time to file defendants' dispositive motion in this case by JOHN ASHCROFT, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 03/12/2007)
2007-03-26	75	Consent MOTION for Extension of Time to file defendants' final dispositive motion by JOHN ASHCROFT, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 03/26/2007)
2007-04-02	76	ORDER granting Motions 73 , 74 , 75 for Extension of Time to file dispositive motion. Defendants final dispositive motions are due no later than April 5, 2007. Signed by Judge Royce C. Lamberth on 4/2/2007. (lcrcl1, ) (Entered: 04/02/2007)
2007-04-03		Set/Reset Deadlines: Defendant's Final Dispositive Motion due by 4/5/2007. (rje) (Entered: 04/03/2007)
2007-04-04	77	Consent MOTION for Extension of Time to file dispositive motion by JOHN ASHCROFT, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 04/04/2007)
2007-04-18	78	Consent MOTION for Extension of Time to file Final Motion for Summary Judgment by JOHN ASHCROFT, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 04/18/2007)
2007-04-23	79	ORDER granting, nunc pro tunc, 77 Motion for Extension of Time to file a final dispositive motion in this case. Defendants shall have to and including April 19, 2007. Signed by Judge Royce C. Lamberth on 4/21/2007. (lcrcl1, ) (Entered: 04/23/2007)
2007-05-03	80	Consent MOTION for Extension of Time to file defendants' final dispositive motion by JOHN ASHCROFT, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 05/03/2007)
2007-05-04	81	ORDER granting 78 Motion for Extension of Time to; granting 80 Motion for Extension of Time to file dispositive motion. ORDERED that the Motion 78 is GRANTED, nunc pro tunc, and that the Motion 80 is GRANTED; and it is FURTHER ORDERED that defendants shall have to and including May 24, 2007, to file a final dispositive motion in this case. Signed by Judge Royce C. Lamberth on 5/4/2007. (lcrcl1, ) (Entered: 05/04/2007)
2007-05-07		Set/Reset Deadlines: Defendants' Dispositive Motions due by 5/24/2007. (rje) (Entered: 05/07/2007)
2007-05-24	82	Consent MOTION for Extension of Time to file defendants' final motion for summary judgment by JOHN ASHCROFT, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 05/24/2007)
2007-05-31	83	ORDER granting 82 Motion for Extension of Time to File Final Dispositive Motion. ORDERED that defendants shall have to and including July 6, 2007, to file a final dispositive motion in this case. Signed by Judge Royce C. Lamberth on 5/31/2007. (lcrcl1, ) (Entered: 05/31/2007)
2007-06-01		Set/Reset Deadlines: Defendants Final Dispositive Motion due by 6/6/2007. (rje) (Entered: 06/01/2007)
2007-06-08	84	STIPULATION of Settlement and Order of Dismissal by LEADERSHIP CONFERENCE ON CIVIL RIGHTS. (Smith, Eleanor) (Entered: 06/08/2007)
2007-06-11	85	ORDER DISMISSING CASE. Signed by Judge Royce C. Lamberth on 6/8/2007. (lcrcl1, ) (Entered: 06/11/2007)
Hide Docket Events