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Case TitlePEOPLE FOR THE AMERICAN WAY FOUNDATION v. UNITED STATES DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2004cv01421
Date Filed2004-08-23
Date Closed2008-05-27
JudgeJudge John D. Bates
PlaintiffPEOPLE FOR THE AMERICAN WAY FOUNDATION
DefendantUNITED STATES DEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Opinion/Order [46]
FOIA Project Annotation: Judge John Bates has ordered the Justice Department to use the Public Access to Courts Electronic Records service to narrow the scope of a request filed by People for the American Way for a list of sealed cases relating to post-9/11 immigrant detainees. The case attracted attention after the Justice Department estimated it would cost $373,000, representing 13,316 hours of search time to manually search files to locate responsive records. Using its Legal Information Office Network System to perform key word searches, the agency and PFAW narrowed the request to encompass a potential 44,000 cases. When PFAW formally suggested the agency use PACER to further narrow the number of potential cases, followed by a manual search of the remaining files, Justice refused, claiming that such an electronic search was not required and that the resulting manual search would be too burdensome. In court, Justice argued that, since it had not accepted PFAW's offer, the scope of the request encompassed the original search estimate that had yielded the $373,000 fee estimate. Bates rejected this position, noting that "it would be senseless and inefficient for this Court to ignore the advances made during more than one year of tedious negotiations between the parties, only to have plaintiff file another FOIA request for the narrowed number of files and return to precisely the same position in which the parties now stand. Furthermore, it is disingenuous for the government to argue that the request was never modified. As plaintiff states, the FOIA requests is the 'master' of the FOIA request. In this Court's experience, FOIA requests are frequently clarified or modified even after a lawsuit is filed. To deny that possibility might be to deny any prospect of compromise or settlement in FOIA cases. There is no authority, moreover, for the government's suggestion that its consent is required in order to effectuate a requester's reduction of its own FOIA request." However, Bates found that even the modified request was too burdensome. He pointed out that "the search would require the retrieval of post-9/11 case files from archived record depositories and a manual, at times page-by-page, review of the files to ascertain their responsiveness. Because many of the FOIA liaisons are also involved in litigation and litigation support, this search 'would overwhelm the resources of the United States Attorney's Offices and disrupt the law enforcement mission to which they are dedicated.'" PFAW responded that a PACER search could narrow significantly the scope of the request and that such a search was "in line with the broad goal of the E-FOIA Amendments to encourage the use of technology in providing records to the public." Justice replied that, since it only possessed a "right of access" to PACER, to force it to produce a list as a result of searching the database would be to make it create a non-agency record. Bates agreed that if PFAW only sought a list from PACER then the agency would have no obligation to produce one. But Bates indicated that he did "not understand plaintiff to seek such a list " rather, the acceptance of a list was a concession that plaintiff was willing to make during settlement negotiations in the interest of mitigating the burden associated with a manual search. It did not effect a modification of the initial FOIA request, and the government ultimately rejected this alternative." Bates added that "the FOIA request, as framed by plaintiff, will not employ PACER to generate any new records or documents, or to obtain non-agency records or documents. Instead, PACER's role is contemplated as a means of identifying those pre-existing agency records that are indisputably within defendant's control and are responsive to the narrowed FOIA request " PACER is simply a tool to aid in identifying responsive records from defendant's database of case files. The use of PACER is in this way compatible with defendant's own case-management system, because it targets a subset of the 44,000 files selected based on the LIONS codes. FOIA mandates that defendant conduct a reasonable search in response to plaintiff's FOIA request. In this regard, plaintiff has submitted an affidavit stating that a PACER search of 44,000 files would require approximately 120 hours of work " something that could be achieved by three full-time employees during a single week. It thus appears that the portion of the search that incorporates the use of PACER is not unduly burdensome." Recognizing that even after the PACER search was conducted a search of the remaining files might still be unduly burdensome, Bates told the parties that they could litigate that issue after the PACER search had been conducted.
Issues: Adequacy - Search
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2004-08-231COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE (Filing fee $ 150) filed by PEOPLE FOR THE AMERICAN WAY FOUNDATION.(jf, ) (Entered: 08/25/2004)
2004-09-032SUMMONS Returned Executed by PEOPLE FOR THE AMERICAN WAY FOUNDATION. UNITED STATES DEPARTMENT OF JUSTICE served on 8/23/2004, answer due 9/22/2004. (Tran, Lynn) (Entered: 09/03/2004)
2004-09-233NOTICE of Appearance by Marcia Berman on behalf of UNITED STATES DEPARTMENT OF JUSTICE (Berman, Marcia) (Entered: 09/23/2004)
2004-09-274ANSWER to Complaint by UNITED STATES DEPARTMENT OF JUSTICE.(Berman, Marcia) (Entered: 09/27/2004)
2004-10-01MINUTE ENTRY: As it appears that defendant has answered plaintiff's complaint, it is hereby ORDERED that the parties shall confer and submit a joint proposed briefing schedule by not later than October 15, 2004. Signed by Judge John D. Bates on 10/1/04. (lcjdb2) (Entered: 10/01/2004)
2004-10-01Set/Reset Deadlines: Pretrial Order due by 10/15/2004. (tb) (Entered: 10/01/2004)
2004-10-155NOTICE Joint Proposed Briefing Schedule by PEOPLE FOR THE AMERICAN WAY FOUNDATION (Attachments: # 1 Text of Proposed Order)(Tran, Lynn) (Entered: 10/15/2004)
2004-10-156ORDER setting briefing schedule. Defendant's motion for summary judgment due by not later than January 13, 2005, Plaintiff's response to Defendant's motion for summary judgment due by not later than February 2, 2005, Defendant's reply in support of its motion for summary judgment due by not later than February 16, 2005. Signed by Judge John D. Bates on 10/15/2004. (lcjdb1) (Entered: 10/15/2004)
2004-10-15Set/Reset Deadlines: Defendant's Summary Judgment motions due by not later than 1/13/2005. Plaintiff's Response to Motion for Summary Judgment due by not later than 2/2/2005. Defendant's Reply to Motion for Summary Judgment due by not later than 2/16/2005. (lcjdb1) (Entered: 10/15/2004)
2005-01-137MOTION to Vacate 6 Order, setting briefing schedule, and set status conference by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration of John Kornmeier# 2 Declaration of Marcia Berman# 3 Proposed Order)(Berman, Marcia) (Entered: 01/13/2005)
2005-01-14MINUTE ORDER: Upon consideration of 6 defendant's motion to vacate briefing schedule, it is hereby ORDERED that the briefing schedule is vacated and plaintiff shall provide the Court with either a proposed date for a status conference or a proposed revised briefing schedule by not later than January 21, 2005. Signed by Judge John D. Bates on 1/14/2005. (lcjdb1) (Entered: 01/14/2005)
2005-01-218NOTICE of Appearance by Michael Peterson Spence on behalf of PEOPLE FOR THE AMERICAN WAY FOUNDATION (Spence, Michael) (Entered: 01/21/2005)
2005-01-219NOTICE of Proposed Date of Status Conference by PEOPLE FOR THE AMERICAN WAY FOUNDATION (Spence, Michael) (Entered: 01/21/2005)
2005-01-21MINUTE ORDER: It is hereby ORDERED a status conference is scheduled for February 16, 2005 at 9:00 a.m. Signed by Judge John D. Bates on 1/21/2005. (lcjdb1) (Entered: 01/21/2005)
2005-01-21Set/Reset Hearings: Status Conference set for 2/16/2005 09:00 AM before Judge John D. Bates. (lcjdb1) (Entered: 01/21/2005)
2005-02-1110STATUS REPORT by PEOPLE FOR THE AMERICAN WAY FOUNDATION. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D-I# 5 Exhibit D-II)(Spence, Michael) (Entered: 02/11/2005)
2005-02-1511STATUS REPORT re 10 Defendant's Response to Plaintiff's Status Conference Memorandum by UNITED STATES DEPARTMENT OF JUSTICE. (Berman, Marcia) Modified on 2/16/2005 (lc, ). (Entered: 02/15/2005)
2005-02-16Minute Entry Status Conference held on 2/16/2005 before Judge John D. Bates: Status Conference set for 3/11/2005 11:30 AM in Courtroom 10 before Judge John D. Bates. (Court Reporter Bryan Wayne)(tb) (Entered: 02/16/2005)
2005-02-16MINUTE ORDER: It is hereby ORDERED a status conference is scheduled for March 11, 2005 at 11:30 a.m. Signed by Judge John D. Bates on 2/16/2005. (lcjdb1) (Entered: 02/16/2005)
2005-02-16Set/Reset Hearings: Status Conference set for 3/11/2005 11:30 AM before Judge John D. Bates. (lcjdb1) (Entered: 02/16/2005)
2005-02-24MINUTE ORDER: It is hereby ORDERED that the status conference scheduled for March 11, 2005 is terminated. It is further ORDERED a status conference is scheduled for March 17, 2005 at 9:00 a.m. Signed by Judge John D. Bates on 2/24/2005. (lcjdb1) (Entered: 02/24/2005)
2005-02-24Set/Reset Hearings: Status Conference set for 3/17/2005 09:00 AM before Judge John D. Bates. (lcjdb1) (Entered: 02/24/2005)
2005-03-17Minute Entry Status Conference held on 3/17/2005 before Judge John D. Bates: Status Report due by 4/18/2005. Status Conference set for 4/21/2005 09:00 AM in Courtroom 11 before Judge John D. Bates. (Court Reporter Bryan Wayne) (tb) (Entered: 03/17/2005)
2005-03-17MINUTE ORDER: It is hereby ORDERED that a status conference is scheduled for April 21, 2005 at 9:00 a.m. It is further ORDERED that the parties shall submit a report, not to exceed five pages, regarding the status of the case by not later than April 18, 2005. Signed by Judge John D. Bates on 3/17/2005. (lcjdb1) (Entered: 03/17/2005)
2005-03-17Set/Reset Hearings: Status Conference set for 4/21/2005 09:00 AM before Judge John D. Bates. (lcjdb1) (Entered: 03/17/2005)
2005-03-1712TRANSCRIPT of Status Call held on Thursday, March 17, 2005 before Judge John D. Bates. Court Reporter: Bryan A. Wayne. The public may view the document in the Clerk's Office between the hours of 9:00 a.m. and 4:00 p.m, Monday through Friday. (lc, ) (Entered: 03/18/2005)
2005-04-1813ENTERED IN ERROR.....NOTICE of Joint Status Report by PEOPLE FOR THE AMERICAN WAY FOUNDATION (Spence, Michael) Modified on 4/19/2005 (lc, ). (Entered: 04/18/2005)
2005-04-1814Joint MOTION to Vacate Order Setting Status Conference on April 21, 2005 by PEOPLE FOR THE AMERICAN WAY FOUNDATION. (Spence, Michael) (Entered: 04/18/2005)
2005-04-1815Joint STATUS REPORT by PEOPLE FOR THE AMERICAN WAY FOUNDATION. (lc, ) (Entered: 04/19/2005)
2005-04-19NOTICE OF CORRECTED DOCKET ENTRY: No 13 was entered in error because it was filed in the wrong category and has been refiled by the Court. (lc, ) (Entered: 04/19/2005)
2005-04-19MINUTE ORDER: It is hereby ORDERED that the status conference scheduled for April 21, 2005 is terminated and a status conference is scheduled for May 17, 2005 at 9:00 am. Signed by Judge John D. Bates on 4/19/2005. (lcjdb1) (Entered: 04/19/2005)
2005-04-19Set/Reset Hearings: Status Conference set for 5/17/2005 09:00 AM before Judge John D. Bates. (lcjdb1) (Entered: 04/19/2005)
2005-05-1216STATUS REPORT in Advance of May 17, 2005 Status Conference by UNITED STATES DEPARTMENT OF JUSTICE. (Berman, Marcia) (Entered: 05/12/2005)
2005-05-1317STATUS REPORT by PEOPLE FOR THE AMERICAN WAY FOUNDATION. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Spence, Michael) (Entered: 05/13/2005)
2005-05-17MINUTE ORDER: It is hereby ORDERED that a status conference is scheduled for July 5, 2005 at 9:00 a.m. It is further ORDERED that the parties shall submit a report, not to exceed five pages, regarding the status of the case by not later than June 30, 2005. Signed by Judge John D. Bates on 5/17/2005. (lcjdb1) (Entered: 05/17/2005)
2005-05-17Minute Entry Status Conference held on 5/17/2005 before Judge John D. Bates : Status Conference set for 7/5/2005 09:00 AM in Courtroom 10 before Judge John D. Bates. (Court Reporter Bryan Wayne) (tb) (Entered: 05/17/2005)
2005-06-3018ENTERED IN ERROR.....NOTICE of Status Report by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Exhibit)(Berman, Marcia) Modified on 7/1/2005 (lc, ). (Entered: 06/30/2005)
2005-06-3019STATUS REPORT by PEOPLE FOR THE AMERICAN WAY FOUNDATION. (Spence, Michael) (Entered: 06/30/2005)
2005-06-3020STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit)(lc, ) (Entered: 07/01/2005)
2005-07-01NOTICE OF CORRECTED DOCKET ENTRY: re 18 NOTICE of Status Report was entered in error because in was filed in the wrong category and has been refiled by the Court (see docket entry #20). (lc, ) (Entered: 07/01/2005)
2005-07-05MINUTE ORDER: It is hereby ORDERED that a status conference is scheduled for August 10, 2005 at 9:00 a.m. It is further ORDERED that the parties shall submit a report, not to exceed five pages, regarding the status of the case by not later than August 3, 2005. Signed by Judge John D. Bates on 7/5/2005. (lcjdb1) (Entered: 07/05/2005)
2005-07-05Set Deadlines/Hearings: Status Report due by 8/3/2005. Status Conference set for 8/10/2005 09:00 AM before Judge John D. Bates. (lcjdb1) (Entered: 07/05/2005)
2005-08-0321STATUS REPORT in Advance of August 10, 2005 Status Conference by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit)(Berman, Marcia) (Entered: 08/03/2005)
2005-08-0322STATUS REPORT by PEOPLE FOR THE AMERICAN WAY FOUNDATION. (Spence, Michael) (Entered: 08/03/2005)
2005-08-10MINUTE ORDER: It is hereby ORDERED that a status conference is scheduled for September 14, 2005 at 9:00 a.m. It is further ORDERED that the parties shall submit prior to the September 14, 2005 status conference a report, not to exceed five pages, regarding the status of the case. Signed by Judge John D. Bates on 8/10/2005. (lcjdb1) (Entered: 08/10/2005)
2005-08-10Set/Reset Hearings: Status Conference set for 9/14/2005 09:00 AM before Judge John D. Bates. (lcjdb1) (Entered: 08/10/2005)
2005-08-10Minute Entry Status Conference held on 8/10/2005 before Judge John D. Bates : Status Conference set for 9/14/2005 09:00 AM in Courtroom 10 before Judge John D. Bates. (Court Reporter Bryan Wayne) (tb) (Entered: 08/10/2005)
2005-09-0223NOTICE OF WITHDRAWAL OF APPEARANCE as to PEOPLE FOR THE AMERICAN WAY FOUNDATION. Attorney Michael Peterson Spence terminated. (Spence, Michael) (Entered: 09/02/2005)
2005-09-0224NOTICE of Appearance by Darren Patrick Nicholson on behalf of PEOPLE FOR THE AMERICAN WAY FOUNDATION (Nicholson, Darren) (Entered: 09/02/2005)
2005-09-0625NOTICE of Appearance by Steven Y. Bressler on behalf of UNITED STATES DEPARTMENT OF JUSTICE (Bressler, Steven) (Entered: 09/06/2005)
2005-09-0926STATUS REPORT in Advance of September 14, 2005 Status Conference by UNITED STATES DEPARTMENT OF JUSTICE. (Bressler, Steven) (Entered: 09/09/2005)
2005-09-1227STATUS REPORT in Advance of September 14, 2005 Status Conference by PEOPLE FOR THE AMERICAN WAY FOUNDATION. (Attachments: # 1 Exhibit A)(Nicholson, Darren) (Entered: 09/12/2005)
2005-09-14MINUTE ORDER: It is hereby ORDERED that a status conference is scheduled for November 16, 2005 at 9:00 am. It is further ordered that the parties shall submit a report, not to exceed five pages, regarding the status of the case by not later than November 14, 2005. Signed by Judge John D. Bates on 9/14/2005. (lcjdb1) (Entered: 09/14/2005)
2005-09-14Set Deadlines/Hearings: Status Report due by 11/14/2005. Status Conference set for 11/16/2005 at 9:00 am before Judge John D. Bates. (lcjdb1) (Entered: 09/14/2005)
2005-09-14Minute Entry Status Conference held on 9/14/2005 before John D. Bates : Status Conference set for 11/16/2005 09:00 AM in Courtroom 10 before Judge John D. Bates. (Court Reporter Bryan Wayne) (tb) (Entered: 09/14/2005)
2005-11-1428STATUS REPORT Joint Status Report in Advance of the November 16, 2005 Status Hearing by PEOPLE FOR THE AMERICAN WAY FOUNDATION. (Nicholson, Darren) (Entered: 11/14/2005)
2005-11-16MINUTE ORDER: Upon consideration of the joint status report filed on November 14, 2005, the representations of the parties at the Status Conference held on this date, and the entire record herein, it is hereby ORDERED that the parties shall appear for a Status Conference on January 18, 2006 at 9:00 am before Judge John D. Bates. It is further ORDERED that the parties shall file a joint status report by not later than January 16, 2006 to update the Court on the progress of the case. The joint status report shall not exceed five pages. Signed by Judge John D. Bates on 11/16/2005. (lcjdb1, ) (Entered: 11/16/2005)
2005-11-16Set Deadlines/Hearings: Joint Status Report (not to exceed five pages) due by 1/16/2006. Status Conference set for 1/18/2006 09:00 AM before Judge John D. Bates. (lcjdb1) (Entered: 11/16/2005)
2005-11-16Minute Entry Status Conference held on 11/16/2005for proceedings held before Judge John D. Bates : Status Conference set for 1/18/2006 09:00 AM in Courtroom 10 before Judge John D. Bates. (Court Reporter Bryan Wayne) (tb, ) (Entered: 11/16/2005)
2006-01-1329STATUS REPORT Joint Status Report in Advance of January 18, 2006 Status Conference by PEOPLE FOR THE AMERICAN WAY FOUNDATION, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A)(Nicholson, Darren) (Entered: 01/13/2006)
2006-01-18MINUTE ORDER: Pursuant to the Status Conference held today before the Court, and upon consideration of the entire record herein, it is hereby ORDERED that the parties shall appear for a Status Conference on February 22, 2006 at 9:00 a.m.; and it is further ORDERED that the parties shall submit a Status Report not to exceed five pages in advance of the Status Conference by not later than noon on February 21, 2006. Signed by Judge John D. Bates on 01/18/2006. (lcjdb1) (Entered: 01/18/2006)
2006-01-18Minute Entry Status Conference held on 1/18/2006 before Judge John D. Bates : Status Report due by noon on 2/21/2006. Status Conference set for 2/22/2006 09:00 AM in Courtroom 8 before Judge John D. Bates. (Court Reporter Bryan Wayne) (tb) (Entered: 01/18/2006)
2006-02-2130STATUS REPORT Joint Status Report in Advance of the February 22, 2006, Status Conference by PEOPLE FOR THE AMERICAN WAY FOUNDATION, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Nicholson, Darren) (Entered: 02/21/2006)
2006-02-22Minute Entry Status Conference held on 2/22/2006 before Judge John D. Bates : Motions due by 4/17/2006; Response/Cross Motion due by 5/8/2006, Reply/Response due by 5/8/2006 Reply/Opposition due by 5/22/2006. Reply due by 06/05/06.(Court Reporter Bryan Wayne) (tb) (Entered: 02/22/2006)
2006-02-22MINUTE ORDER: Upon consideration of the representations made by the parties at the Status Conference held before the Court on this date, the Status Report submitted by the parties earlier this week, and the entire record herein, it is hereby ORDERED that defendant shall file its motion for summary judgment by not later than April 17, 2006; it is further ORDERED that plaintiff shall file its response and cross-motion for summary judgment (if any) by not later than May 8, 2006; it is further ORDERED that defendant shall reply to plaintiff's memorandum in opposition and file a response to plaintiff's cross-motion for summary judgment by not later than May 22, 2006; and it is further ORDERED that plaintiff may file its reply by not later than June 5, 2006. Signed by Judge John D. Bates on 2/22/2006. (lcjdb1) (Entered: 02/22/2006)
2006-02-22Set/Reset Deadlines: Summary Judgment motions due from defendant by 4/17/2006. Response to Motion for Summary Judgment, and Cross-Motion for Summary Judgment, due from plaintiff by 5/8/2006. Reply to Plaintiff's Opposition of Defendant's Motion for Summary Judgment, and Opposition of Defendant's Cross-Motion for Summary Judgment, due from defendant by 5/22/2006. Plaintiff's Reply to Defendant's Opposition due by 6/05/2006.(lcjdb1) (Entered: 02/22/2006)
2006-04-1731MOTION for Summary Judgment and Memorandum of Points and Authorities by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit # 2 Text of Proposed Order)(Berman, Marcia) (Entered: 04/17/2006)
2006-04-2632TRANSCRIPT of Status Hearing held on January 18, 2006 before Judge John D. Bates. Court Reporter: Bryan A. Wayne. The public may view the document in the Clerk's Office between the hours of 9:00 a.m. and 4:00 p.m, Monday through Friday. (lc, ) (Entered: 04/27/2006)
2006-04-2633TRANSCRIPT of Status Hearing held on February 16, 2005 before Judge John D. Bates. Court Reporter: Bryan A. Wayne. The public may view the document in the Clerk's Office between the hours of 9:00 a.m. and 4:00 p.m, Monday through Friday. (lc, ) (Entered: 04/27/2006)
2006-04-2634TRANSCRIPT of Status Hearing held on February 22, 2006 before Judge John D. Bates. Court Reporter: Bryan A. Wayne. The public may view the document in the Clerk's Office between the hours of 9:00 a.m. and 4:00 p.m, Monday through Friday. (lc, ) (Entered: 04/27/2006)
2006-04-2635TRANSCRIPT of Status Hearing held on MAy 17, 2005 before Judge John D. Bates. Court Reporter: Bryan A. Wayne. The public may view the document in the Clerk's Office between the hours of 9:00 a.m. and 4:00 p.m, Monday through Friday. (lc, ) (Entered: 04/27/2006)
2006-04-2636TRANSCRIPT of Status Hearing held on August 10, 2005 before Judge John D. Bates. Court Reporter: Bryan A. Wayne. The public may view the document in the Clerk's Office between the hours of 9:00 a.m. and 4:00 p.m, Monday through Friday. (lc, ) (Entered: 04/27/2006)
2006-04-2637TRANSCRIPT of Status Hearing held on September 14, 2005 before Judge John D. Bates. Court Reporter: Bryan A. Wayne. The public may view the document in the Clerk's Office between the hours of 9:00 a.m. and 4:00 p.m, Monday through Friday. (lc, ) (Entered: 04/27/2006)
2006-04-2638TRANSCRIPT of Status Hearing held on November 16, 2005 before Judge John D. Bates. Court Reporter: Bryan A. Wayne. The public may view the document in the Clerk's Office between the hours of 9:00 a.m. and 4:00 p.m, Monday through Friday. (lc, ) (Entered: 04/27/2006)
2006-05-0839Cross MOTION for Summary Judgment and Memorandum of Points and Authorities in Opposition to Defendant's Motion for Summary Judgment and in Support of Plaintiff's Cross-Motion for Summary Judgment by PEOPLE FOR THE AMERICAN WAY FOUNDATION. (Attachments: # 1 Text of Proposed Order Proposed Order# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8# 10 Exhibit 9# 11 Exhibit 10# 12 Exhibit 11# 13 Exhibit 12# 14 Exhibit 13# 15 Exhibit 14)(Nicholson, Darren) (Entered: 05/08/2006)
2006-05-0840Memorandum in opposition to re 31 MOTION for Summary Judgment and Memorandum of Points and Authorities filed by PEOPLE FOR THE AMERICAN WAY FOUNDATION. (Attachments: # 1 Text of Proposed Order Proposed Order# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8# 10 Exhibit 9# 11 Exhibit 10# 12 Exhibit 11# 13 Exhibit 13# 14 Exhibit 14)(Nicholson, Darren) (Entered: 05/08/2006)
2006-05-2241Memorandum in opposition to re 39 Cross MOTION for Summary Judgment and Memorandum of Points and Authorities in Opposition to Defendant's Motion for Summary Judgment and in Support of Plaintiff's Cross-Motion for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit)(Berman, Marcia) (Entered: 05/22/2006)
2006-05-2242REPLY to opposition to motion re 31 MOTION for Summary Judgment and Memorandum of Points and Authorities filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit)(Berman, Marcia) (Entered: 05/22/2006)
2006-06-0543REPLY to opposition to motion re 39 Cross MOTION for Summary Judgment and Memorandum of Points and Authorities in Opposition to Defendant's Motion for Summary Judgment and in Support of Plaintiff's Cross-Motion for Summary Judgment filed by PEOPLE FOR THE AMERICAN WAY FOUNDATION. (Nicholson, Darren) (Entered: 06/05/2006)
2006-06-0544SURREPLY to re 31 MOTION for Summary Judgment and Memorandum of Points and Authorities , 42 Reply to opposition to Motion filed by PEOPLE FOR THE AMERICAN WAY FOUNDATION. (Nicholson, Darren) (Entered: 06/05/2006)
2006-07-1845ORDER denying 31 Defendant's Motion for Summary Judgment, and granting in part/denying in part 39 Plaintiff's Cross-Motion for Summary Judgment. Signed by Judge John D. Bates on 7/18/2006. (lcjdb1) (Entered: 07/18/2006)
2006-07-1846MEMORANDUM OPINION to accompany ORDER posted on this date. Signed by Judge John D. Bates on 7/18/2006. (lcjdb1) (Entered: 07/18/2006)
2006-08-1747STATUS REPORT by PEOPLE FOR THE AMERICAN WAY FOUNDATION, UNITED STATES DEPARTMENT OF JUSTICE. (Nicholson, Darren) (Entered: 08/17/2006)
2006-08-28MINUTE ORDER: Upon consideration of the recently-filed 47 Status Report, the representations of the Department of Justice regarding its intent to analyze whether to pursue an appeal of the Court's recently-posted Memorandum Opinion, and the entire record herein, it is hereby ORDERED that the parties shall, by not later than 9/25/2006, file another Status Report to advise the Court of the Department of Justice's ultimate decision and how, in light of that decision, the case should proceed at that time. Signed by Judge John D. Bates on 8/28/2006. SO ORDERED. (lcjdb1) (Entered: 08/28/2006)
2006-08-28Set/Reset Deadlines: Joint Status Report due by 9/25/2006. (lcjdb1) (Entered: 08/28/2006)
2006-09-1848NOTICE OF APPEAL as to 45 Order on Motion for Summary Judgment,, 46 Memorandum & Opinion by UNITED STATES DEPARTMENT OF JUSTICE. Fee Status: No Fee Paid. Parties have been notified. (Berman, Marcia) (Entered: 09/18/2006)
2006-09-19Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 48 Notice of Appeal (lc, ) (Entered: 09/19/2006)
2006-09-2549STATUS REPORT by PEOPLE FOR THE AMERICAN WAY FOUNDATION, UNITED STATES DEPARTMENT OF JUSTICE. (Berman, Marcia) (Entered: 09/25/2006)
2006-09-25MINUTE ORDER: Upon consideration of the Joint Status Report filed on this date, and the entire record herein, it is hereby ORDERED that parties shall file an updated Status Report by not later than October 25, 2006. SO ORDERED. Signed by Judge John D. Bates on 9/25/2006. (lcjdb1) (Entered: 09/25/2006)
2006-09-25Set/Reset Deadlines: Status Report due by 10/25/2006. (lcjdb1) (Entered: 09/25/2006)
2006-09-28USCA Case Number 06-5289 for 48 Notice of Appeal filed by UNITED STATES DEPARTMENT OF JUSTICE. (tg ) (Entered: 09/29/2006)
2006-10-2550STATUS REPORT by PEOPLE FOR THE AMERICAN WAY FOUNDATION, UNITED STATES DEPARTMENT OF JUSTICE. (Berman, Marcia) (Entered: 10/25/2006)
2006-10-25MINUTE ORDER: In light of the Joint Status Report filed by the parties on this date, and upon consideration of their request that the Court order them to file another Status Report by December 4, 2006, it is hereby ORDERED that the parties shall file another Joint Status Report by not later than December 4, 2006. SO ORDERED. Signed by Judge John D. Bates on 10/25/2006. (lcjdb1) (Entered: 10/25/2006)
2006-10-25Set/Reset Deadlines: Status Report due by 12/4/2006. (lcjdb1) (Entered: 10/25/2006)
2006-12-0451STATUS REPORT by PEOPLE FOR THE AMERICAN WAY FOUNDATION, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A)(Berman, Marcia) Modified on 12/5/2006 (zlc, ). (Entered: 12/04/2006)
2006-12-11MINUTE ORDER: In light of the Joint Status Report filed by the parties on December 4, 2006, and upon consideration of their request that the Court order them to file another Status Report by January 29, 2007, it is hereby ORDERED that the parties shall file another Joint Status Report by not later than January 29, 2007. SO ORDERED. Signed by Judge John D. Bates on 12/11/2006. (lcjdb1) (Entered: 12/11/2006)
2006-12-2952ORDER of USCA (certified copy) as to 48 Notice of Appeal filed by UNITED STATES DEPARTMENT OF JUSTICE;It is hereby ordered that the motion to dismiss be granted and this case is hereby dismissed; USCA#06-5289 (jsc) (Entered: 01/23/2007)
2007-01-2953STATUS REPORT by PEOPLE FOR THE AMERICAN WAY FOUNDATION, UNITED STATES DEPARTMENT OF JUSTICE. (Nicholson, Darren) (Entered: 01/29/2007)
2007-01-29MINUTE ORDER: In light of the Joint Status Report filed by the parties on this date, and upon consideration of their request that the Court order them to file another Status Report by March 12, 2007, it is hereby ORDERED that the parties shall file another Joint Status Report by not later than March 12, 2007. SO ORDERED. Signed by Judge John D. Bates on 1/29/2007. (lcjdb1) (Entered: 01/29/2007)
2007-01-29Set/Reset Deadlines: Joint Status Report due by 3/12/2007. (lcjdb1) (Entered: 01/29/2007)
2007-03-1254STATUS REPORT by PEOPLE FOR THE AMERICAN WAY FOUNDATION, UNITED STATES DEPARTMENT OF JUSTICE. (Nicholson, Darren) (Entered: 03/12/2007)
2007-03-13MINUTE ORDER: In light of the Joint Status Report filed by the parties on March 12, 2007, and upon consideration of their request that the Court order them to file another Status Report by April 23, 2007, it is hereby ORDERED that the parties shall file another Joint Status Report by not later than April 23, 2007. SO ORDERED. Signed by Judge John D. Bates on 3/13/2007. (lcjdb1) (Entered: 03/13/2007)
2007-03-13Set/Reset Deadlines: Status Report due by 4/23/2007. (lcjdb1) (Entered: 03/13/2007)
2007-04-2355STATUS REPORT by PEOPLE FOR THE AMERICAN WAY FOUNDATION, UNITED STATES DEPARTMENT OF JUSTICE. (Berman, Marcia) (Entered: 04/23/2007)
2007-04-23MINUTE ORDER: In light of the Joint Status Report filed by the parties on this date, and upon consideration of their request that the Court order them to file another Status Report by June 18, 2007, it is hereby ORDERED that the parties shall file another Joint Status Report by not later than June 18, 2007; and it is further ORDERED that the parties shall file with the Court a copy of the appellate decision of the Department of Justice's Office of Information and Privacy promptly after that decision is issued. SO ORDERED. Signed by Judge John D. Bates on 4/23/2007. (lcjdb1) (Entered: 04/23/2007)
2007-04-23Set/Reset Deadlines: Status Report due by 6/18/2007. (lcjdb1) (Entered: 04/23/2007)
2007-04-2556NOTICE of Filing by UNITED STATES DEPARTMENT OF JUSTICE re Order,, (Attachments: # 1 OIP appeal decision)(Berman, Marcia) (Entered: 04/25/2007)
2007-06-1857STATUS REPORT by PEOPLE FOR THE AMERICAN WAY FOUNDATION, UNITED STATES DEPARTMENT OF JUSTICE. (Berman, Marcia) (Entered: 06/18/2007)
2007-06-18MINUTE ORDER: In light of the Joint Status Report filed by the parties on this date, and upon consideration of their request that the Court order them to file another Status Report by July 30, 2007, it is hereby ORDERED that the parties shall file another Joint Status Report by not later than July 30, 2007. SO ORDERED. Signed by Judge John D. Bates on 6/18/2007. (lcjdb1) (Entered: 06/18/2007)
2007-06-18Set/Reset Deadlines: Joint Status Report due by 7/30/2007. (lcjdb1) (Entered: 06/18/2007)
2007-07-3058STATUS REPORT by PEOPLE FOR THE AMERICAN WAY FOUNDATION, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A)(Nicholson, Darren) (Entered: 07/30/2007)
2007-07-31MINUTE ORDER: In light of 58 the Joint Status Report filed by the parties on July 30, 2007, and upon consideration of the entire record herein, it is hereby ORDERED that the parties shall file another Joint Status Report by not later than September 10, 2007; and it is further ORDERED that the Joint Status Report filed on that date shall contain either a schedule for further proceedings in this matter or an explanation as to why further proceedings cannot yet be scheduled at that time. SO ORDERED. Signed by Judge John D. Bates on 7/31/2007. (lcjdb1, ) (Entered: 07/31/2007)
2007-07-31Set/Reset Deadlines: Joint Status Report due by 9/10/2007. (lcjdb1) (Entered: 07/31/2007)
2007-08-1359Unopposed MOTION for Leave to File Amended Complaint by PEOPLE FOR THE AMERICAN WAY FOUNDATION (Attachments: # 1 Text of Proposed Order # 2 First Amended Complaint)(Nicholson, Darren) (Entered: 08/13/2007)
2007-08-13MINUTE ORDER: Upon consideration of 59 plaintiff's unopposed motion for leave to file an amended complaint, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that the Clerk of the Court shall docket forthwith the First Amended Complaint attached to plaintiff's motion. SO ORDERED. Signed by Judge John D. Bates on 8/13/2007. (lcjdb1) (Entered: 08/13/2007)
2007-08-1360FIRST AMENDED COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE filed by PEOPLE FOR THE AMERICAN WAY FOUNDATION.(nmw, ) (Entered: 08/13/2007)
2007-08-3061ANSWER to Amended Complaint by UNITED STATES DEPARTMENT OF JUSTICE. Related document: 60 Amended Complaint filed by PEOPLE FOR THE AMERICAN WAY FOUNDATION.(Berman, Marcia) (Entered: 08/30/2007)
2007-09-1062STATUS REPORT by PEOPLE FOR THE AMERICAN WAY FOUNDATION, UNITED STATES DEPARTMENT OF JUSTICE. (Berman, Marcia) (Entered: 09/10/2007)
2007-09-10MINUTE ORDER: Upon consideration of 62 the Joint Status Report filed on this date, it is hereby ORDERED that the parties shall file another Joint Status Report by not later than October 15, 2007; and it is further ORDERED that, pursuant to the Courts minute order of July 31, 2007, the Joint Status Report filed on October 15, 2007 shall contain either a schedule for further proceedings in this matter or an explanation as to why further proceedings cannot yet be scheduled at that time. SO ORDERED. Signed by Judge John D. Bates on 9/10/2007. (lcjdb1) (Entered: 09/10/2007)
2007-09-10Set/Reset Deadlines: Joint Status Report due by 10/15/2007. (lcjdb1) (Entered: 09/10/2007)
2007-10-1563STATUS REPORT by PEOPLE FOR THE AMERICAN WAY FOUNDATION, UNITED STATES DEPARTMENT OF JUSTICE. (Berman, Marcia) (Entered: 10/15/2007)
2007-10-15MINUTE ORDER: Upon consideration of 63 the Joint Status Report filed on this date, it is hereby ORDERED that the parties shall file another Joint Status Report by not later than November 13, 2007; and it is further ORDERED that the Joint Status Report filed on that date shall contain either a schedule for further proceedings in this matter or an explanation as to why further proceedings cannot yet be scheduled at that time. SO ORDERED. Signed by Judge John D. Bates on 10/15/07. (lcjdb1) (Entered: 10/15/2007)
2007-10-15Set/Reset Deadlines: Joint Status Report due by not later than 11/13/2007. (lcjdb1) (Entered: 10/15/2007)
2007-11-1364STATUS REPORT (Joint) by UNITED STATES DEPARTMENT OF JUSTICE. (Edney, Marsha) (Entered: 11/13/2007)
2007-11-13MINUTE ORDER: Upon consideration of 64 the Joint Status Report filed on this date, it is hereby ORDERED that the parties shall file another Joint Status Report by not later than December 19, 2007; and it is further ORDERED that the Joint Status Report filed on that date shall contain either a schedule for further proceedings in this matter or an explanation as to why further proceedings cannot yet be scheduled at that time. SO ORDERED. Signed by Judge John D. Bates on 11/13/07. (lcjdb1) (Entered: 11/13/2007)
2007-11-15Set/Reset Deadlines: Status Report due not later than 12/19/2007. (lcjdb1) (Entered: 11/15/2007)
2007-11-2665NOTICE of Subtitution of Counsel by Marsha Stelson Edney on behalf of UNITED STATES DEPARTMENT OF JUSTICE Substituting for attorney Marcia Berman (Edney, Marsha) (Entered: 11/26/2007)
2007-12-1866NOTICE OF SUBSTITUTION OF COUNSEL by Stuart Wheatley Turner on behalf of PEOPLE FOR THE AMERICAN WAY FOUNDATION Substituting for attorney Darren Nicholson (Turner, Stuart) (Entered: 12/18/2007)
2007-12-1967STATUS REPORT by PEOPLE FOR THE AMERICAN WAY FOUNDATION, UNITED STATES DEPARTMENT OF JUSTICE. (Edney, Marsha) (Entered: 12/19/2007)
2007-12-19MINUTE ORDER: Upon consideration of 67 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties will update the Court on settlement efforts in a joint status report by not later than 1/25/08. SO ORDERED. Signed by Judge John D. Bates on 12/19/07. (lcjdb1) (Entered: 12/19/2007)
2007-12-21Set/Reset Deadlines: Joint Status Report due by 1/25/2008. (tb, ) (Entered: 12/21/2007)
2008-01-2568STATUS REPORT Joint by PEOPLE FOR THE AMERICAN WAY FOUNDATION, UNITED STATES DEPARTMENT OF JUSTICE. (Edney, Marsha) (Entered: 01/25/2008)
2008-01-25MINUTE ORDER: Upon consideration of 68 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties submit a status report concerning the status of the settlement agreement by not later than 3/10/08. SO ORDERED. Signed by Judge John D. Bates on 1/25/08. (lcjdb1) (Entered: 01/25/2008)
2008-01-25Set/Reset Deadlines: Status Report due by 3/10/2008. (lcjdb1) (Entered: 01/25/2008)
2008-03-1069STATUS REPORT (Joint) by PEOPLE FOR THE AMERICAN WAY FOUNDATION. (Turner, Stuart) (Entered: 03/10/2008)
2008-03-11MINUTE ORDER: Upon consideration of 69 the joint status report issued by the parties, and the entire record herein, it is hereby ORDERED that the parties shall submit a status report to the Court by not later than 4/25/08 concerning the progress in settlement negotiations. Based on the parties' representations, the Court expects that the settlement will be finalized by not later than 4/30/08. SO ORDERED. Signed by Judge John D. Bates on 3/11/08. (lcjdb1) (Entered: 03/11/2008)
2008-04-2570STATUS REPORT (Joint) by PEOPLE FOR THE AMERICAN WAY FOUNDATION, UNITED STATES DEPARTMENT OF JUSTICE. (Edney, Marsha) (Entered: 04/25/2008)
2008-05-2371NOTICE of Voluntary Dismissal by PEOPLE FOR THE AMERICAN WAY FOUNDATION (Turner, Stuart) (Entered: 05/23/2008)
2008-05-2772STIPULATION of Dismissal WITH PREJUDICE by PEOPLE FOR THE AMERICAN WAY FOUNDATION AND UNITED STATES DEPARTMENT OF JUSTICE. Signed by Judge John D. Bates. (tb, ) (Entered: 05/27/2008)
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