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Case TitleWEBSTER et al v. UNITED STATES DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2002cv00603
Date Filed2002-03-29
Date Closed2020-03-31
JudgeJudge Rudolph Contreras
PlaintiffCARL OGLESBY
TERMINATED: 10/31/2011
PlaintiffBARBARA WEBSTER Administratrix of the Estate of Carl Oglesby
PlaintiffARON DIBACCO Daughter and Heir of Carl Oglesby
DefendantUNITED STATES DEPARTMENT OF JUSTICE
DefendantCENTRAL INTELLIGENCE AGENCY
TERMINATED: 08/08/2011
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Opinion/Order [66]
FOIA Project Annotation: Judge Richard Roberts has ruled that the FBI has failed to show that it conducted an adequate search for records pertaining to Carl Oglesby. The FBI reviewed 4510 responsive records and released all or part of 3770 of them. Oglesby agreed to select a sample of 90 documents, containing 234 pages, as the basis for testing the agency's exemption claims. Because the agency's exemption claims were not always clear, about half of the pages were submitted to the court for in camera review. Finding the agency's Vaughn affidavits insufficiently descriptive, Roberts noted that "the FBI's disclosure here do not measure up to the obligations imposed on an agency in a FOIA action. The disclosures in this case appear very much like those described �" and found wholly inadequate �" in King v. Dept of Justice, 830 F. 2d 210 (D.C. Cir. 1987). There, as here, the FBI failed to provide individual descriptions of withheld documents or segments" and required the agency to provide more detail for each withholding. Roberts also criticized the agency's segregability claims, pointing out that "it is not possible to determine from the agency affidavits and released annotated pages whether all reasonably segregable information has been disclosed. The in camera review �" while not conclusive because of the confounding issues related to inadequately explained exemptions asserted �" afforded no basis to support a conclusion that the FBI has met its obligation to segregate and disclose non-exempt information."
Issues: Litigation - Segregability analysis, Litigation - In camera review, Adequacy - Search
Opinion/Order [71]
Opinion/Order [127]
Opinion/Order [246]
FOIA Project Annotation: Judge Rudolph Contreras has ruled that the FBI and the CIA have shown that they conducted an adequate search and properly withheld records under Exemption 1 (national security), Exemption 3 (other statutes) and Exemption 7 (law enforcement records) in response to two requests originally submitted by historian Carl Oglesby for records on himself. After Oglesby died, the litigation was pursued by his partner, Barbara Webster, and his daughter, Aron DiBacco. The agencies located 16,803 potentially responsive documents and agreed to a representative sampling chosen by the plaintiffs of 350 pages. The FBI winnowed that number down to 225 pages responsive to the request. A second Vaughn index was based on a representative sampling of 200 documents, which the FBI winnowed down to 116 total pages. Webster and DiBacco challenged the adequacy of the agencies' searches, arguing that the government should have searched other agencies or DOJ components for records. But Contreras pointed out that "to the extent that Plaintiffs are suggesting that the FBI erred by failing to properly coordinate with another agency or search another agency's records, they are mistaken. FOIA requests are properly directed to a particular agency or component." Contreras approved of the FBI's and the CIA's withholding under Exemption1 and Exemption 3. As to CIA claims, he noted that its affidavit "avers that the information withheld was properly classified because it concerned intelligence activities and its disclosure could reasonably be expected to result in damage to national security. According to [the CIA's affidavit] some of the withheld pages contain detailed information about human sources, while the disclosure of other material could reasonably be expected to reveal an intelligence method that is still in active use by the CIA." Contreras also approved of the withholding of third-party personally identifying information under Exemption 7(C) (invasion of privacy concerning law enforcement records). He pointed out that "Mr. Oglesby is correct, of course, that revealing the names of interviewees, investigation targets, and FBI personnel would shed some marginal light on how the FBI conducted its operations. But that is true of any request to disclose these kinds of information, and courts have repeatedly recognized that such exemptions can be justified." Contreras also approved of the FBI's withholdings under Exemption 7(D) (confidential sources) and Exemption 7(E) (investigative methods or techniques).
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2002-03-291COMPLAINT against CENTRAL INTELLIGENCE AGENCY, UNITED STATES DEPARTMENT OF JUSTICE ( Filing fee $150 ). Filed by CARL OGLESBY. (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)(nmr, ) (Entered: 04/01/2002)
2002-03-29SUMMONS (4) Issued as to CENTRAL INTELLIGENCE AGENCY ; UNITED STATES DEPARTMENT OF JUSTICE , U.S. Attorney and U.S. Attorney General (nmr) (Entered: 04/01/2002)
2002-04-192ATTORNEY APPEARANCE. (Hester, Thomas) (Entered: 04/19/2002)
2002-04-293ANSWER to Complaint by CENTRAL INTELLIGENCE AGENCY, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 certificate of service)(Hester, Thomas) (Entered: 04/29/2002)
2002-05-024ORDER for Initial Scheduling Conference on 5/16/2002 at 09:15 AM in Courtroom 9. Signed by Judge Richard W. Roberts on 5/2/02. (TDR) (Entered: 05/02/2002)
2002-05-13Minute Entry: Initial Scheduling Conference reset to 5/22/2002 at 11:00 AM.(TDR) (Entered: 05/13/2002)
2002-05-14Minute Entry: Reset Initial Scheduling Conference to 5/24/2002 at 12:30 PM. (TDR) (Entered: 05/14/2002)
2002-05-20Minute Entry: Counsel for plaintiff is directed to file electronically by 5/23/02 his motion for continuance of the initial scheduling conference. (TDR) (Entered: 05/20/2002)
2002-05-225UNOPPOSED MOTION to Continue Initial Scheduling Conference by CARL OGLESBY. (Lesar, James) Modified on 5/22/2002 (jeb, ). (Entered: 05/22/2002)
2002-05-246NOTICE OF FILING by CARL OGLESBY (Lesar, James) (Entered: 05/24/2002)
2002-05-30Minute Entry: Status Conference held on 5/24/2002 before Judge Richard W. Roberts (Court Reporter Gordon Slodysko.) (lin, ) (Entered: 05/30/2002)
2002-06-077SCHEDULING ORDER: DOJ shall have until 7/8/02 to file motion for Open America stay. See order for other deadlines. Signed by Judge Richard W. Roberts on 6/7/02. (TDR) (Entered: 06/07/2002)
2002-06-248STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, UNITED STATES DEPARTMENT OF JUSTICE. (Hester, Thomas) (Entered: 06/24/2002)
2002-06-249Unopposed MOTION for Extension of Time to File Motion for a Fee Waiver by CARL OGLESBY. (Lesar, James) Modified on 6/25/2002 (nmr, ). (Entered: 06/24/2002)
2002-06-2610Unopposed MOTION for Leave to File Motion for Fee Waiver Out-of-Time by CARL OGLESBY. (Lesar, James) Modified on 6/26/2002 (nmr, ). (Entered: 06/26/2002)
2002-06-2611MOTION for Fee Waiver by CARL OGLESBY. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7)(nmr, ) (Entered: 06/26/2002)
2002-07-01Minute Entry: Motions for extension of time to file motion for fee waiver 9 and 10 granted and terminated. (TDR) (Entered: 07/01/2002)
2002-07-0812MOTION for Extension of Time to File Motion for Open America Stay by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 proposed order)(Hester, Thomas) (Entered: 07/08/2002)
2002-07-1013MEMORANDUM in Opposition to Motion re 11 Waiver of Fees filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Proposed Order)(Hester, Thomas) (Entered: 07/10/2002)
2002-07-1014Amended MEMORANDUM in Opposition to Motion re 11 Waiver of Fees (CORRECTED VERSION) filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Attachment 1# 2 Proposed Order)(Hester, Thomas) Modified on 7/11/2002 (nmr, ). Modified on 7/11/2002 (wes, ). (Entered: 07/10/2002)
2002-07-1115MOTION to Stay Proceedings by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration of Scott Hodes with Exhibits# 2 # 3 # 4 # 5 # 6 )(Hester, Thomas) (Entered: 07/11/2002)
2002-07-15Minute Entry: Motion for enlargement of time 12 granted nunc pro tunc and terminated. (TDR) (Entered: 07/15/2002)
2002-07-2916STIPULATION Consent Notice by CARL OGLESBY. (Lesar, James) (Entered: 07/29/2002)
2002-08-0217NOTICE of Consent to Extend Time for Filing Reply to Opposition to Fee Waiver and Opposition to Defendant's Motion for a Stay by CARL OGLESBY (Lesar, James) (Entered: 08/02/2002)
2002-08-1618REPLY to opposition to motion re 11 for a Waiver of Copying Costs filed by CARL OGLESBY. (Attachments: # 1 Affidavit Schrecker Declaration)(Lesar, James) (Entered: 08/17/2002)
2002-08-2119NOTICE of Consent to Extension of Time by all parties (Lesar, James) (Entered: 08/21/2002)
2002-08-2120MOTION to Continue by CARL OGLESBY. (Attachments: # 1 Affidavit Declaration of James H. Lesar)(Lesar, James) (Entered: 08/21/2002)
2002-08-2321NOTICE re 19 Objection to Plaintiff's 8/21/02 Consent Notice by UNITED STATES DEPARTMENT OF JUSTICE (Hester, Thomas) Modified on 9/4/2002 (nmr, ). (Entered: 08/23/2002)
2002-09-0322MEMORANDUM OPINION AND ORDER denying Motion for waiver of copying fees 11 . Signed by Judge Richard W. Roberts on 9/3/02. (TDR) (Entered: 09/03/2002)
2002-09-0323Memorandum in opposition to motion re 20 Open America stay filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Proposed Order)(Hester, Thomas) (Entered: 09/03/2002)
2002-09-0524RESPONSE to any document re 15 , 20 Response to Defendant's Objection to Plaintiff's Consent Notice filed by CARL OGLESBY. (Attachments: # 1 Exhibit Attachment 1)(Lesar, James) (Entered: 09/05/2002)
2002-09-1125NOTICE Consent Notice by CARL OGLESBY (Lesar, James) (Entered: 09/11/2002)
2002-09-1726REPLY to opposition to motion re 20 to Continue Time to Respond to Defendant's Motion for an Open America Stay filed by CARL OGLESBY. (Attachments: # 1 Affidavit Att. 1--Second Lesar Decl.)(Lesar, James) (Entered: 09/17/2002)
2002-09-2527ATTORNEY APPEARANCE. (Hester, Thomas) (Entered: 09/25/2002)
2002-10-1128ORDER denying plaintiff's Motion to Continue 20 . Plaintiff directed to file any opposition to defendant's Motion for a Stay of Proceedings by 10/25/02. Signed by Judge Richard W. Roberts on 10/11/2002. (TDR) (Entered: 10/11/2002)
2002-10-2629MOTION for Summary Judgment by CARL OGLESBY. (Attachments: # 1 Affidavit Declaration of James H. Lesar# 2 Local Rule 7.1(h) Statement# 3 Proposed order)(Lesar, James) (Entered: 10/26/2002)
2002-10-2830MOTION for Extension of Time to File Response/Reply re 29 Motion for Summary Judgment and Opposition to Defendant's Motion for Open America Stay by CARL OGLESBY. (Lesar, James) (Entered: 10/28/2002)
2002-10-29Minute Entry: Motion for leave to file response 30 granted and terminated. Plaintiff's response filed 10/28/2002 is deemed timely. Defendants' reply regarding the motion for stay is due by 11/7/2002. (TDR) (Entered: 10/29/2002)
2002-11-0731Memorandum in opposition to motion re 29 filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Proposed Order)(Chung, Joo) (Entered: 11/07/2002)
2002-11-2032MEMORANDUM OPINION AND ORDER granting FBI's Motion to Stay 15 and denying plaintiff's Motion for Summary Judgment 29 . Case is stayed and administratively closed until 1/2/04 absent further order of the Court. FBI to submit 90-day status reports. Signed by Judge Richard W. Roberts on 11/20/2002. (TDR) (Entered: 11/20/2002)
2003-02-1933STATUS REPORT to the Court by UNITED STATES DEPARTMENT OF JUSTICE. (Chung, Joo) (Entered: 02/19/2003)
2003-05-1934STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Chung, Joo) (Entered: 05/19/2003)
2003-08-1835STATUS REPORT Third Status Report to the Court by UNITED STATES DEPARTMENT OF JUSTICE. (Chung, Joo) (Entered: 08/18/2003)
2003-11-1736STATUS REPORT Fourth Status Report to the Court by UNITED STATES DEPARTMENT OF JUSTICE. (Chung, Joo) (Entered: 11/17/2003)
2004-02-1337STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Chung, Joo) (Entered: 02/13/2004)
2004-06-2538NOTICE of Appearance by Michael Jeffrey Sherman on behalf of all defendants (Sherman, Michael) (Entered: 06/25/2004)
2004-07-0939STATUS REPORT of July 9, 2004 by CENTRAL INTELLIGENCE AGENCY, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 copy of letter to opposing counsel)(Sherman, Michael) (Entered: 07/09/2004)
2004-07-16MINUTE ENTRY ORDER: Plaintiff is directed to file by 7/30/04 a status report updating the Court on the status of the case. Issued by Judge Richard W. Roberts on 7/16/04. (AKG) (Entered: 07/16/2004)
2004-08-0240MOTION for Leave to File Plaintiff's Report to the Court by CARL OGLESBY. (Attachments: # 1 )(Lesar, James) (Entered: 08/02/2004)
2004-08-0241REPORT TO THE COURT by CARL OGLESBY filed pursuant to Court's Order. (ks, ) (Entered: 08/05/2004)
2004-08-16MINUTE ENTRY ORDER granting 40 Plaintiff's Motion for Leave to File Plaintiff's Report to the Court out-of-time. Issued by Judge Richard W. Roberts on 8/16/04. (AKG) (Entered: 08/16/2004)
2004-11-0442STATUS REPORT of November 4, 2004 by UNITED STATES DEPARTMENT OF JUSTICE. (Sherman, Michael) (Entered: 11/04/2004)
2005-02-1443STATUS REPORT of February 14, 2005 by UNITED STATES DEPARTMENT OF JUSTICE, CENTRAL INTELLIGENCE AGENCY. (Sherman, Michael) (Entered: 02/14/2005)
2005-02-17ORDER adopting schedule proposed in parties' Joint Status Report: FBI to provide Vaughn index and defendants to file dispositive motion on or before June 15, 2005; plaintiff to file opposition on or before September 6, 2005; defendants to file reply on or before September 28, 2005. Issued by Judge Richard W. Roberts on 2/17/2005. (es) (Entered: 02/17/2005)
2005-06-1544MOTION for Extension of Time to - Unopposed Motion for Modification of Briefing Schedule by UNITED STATES DEPARTMENT OF JUSTICE, CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Text of Proposed Order)(Sherman, Michael) (Entered: 06/15/2005)
2005-06-20MINUTE ORDER: It is hereby ORDERED that defendant's unopposed motion 44 to extend time until July 28, 2005 to file Vaughn indexes and a dispositive motion, and until October 14, 2005 for plaintiff to file opposition to dispositive motion, and until November 4, 2005 for defendant to file reply, be and hereby is, GRANTED. Issued by Judge Richard W. Roberts on 6/20/2005. NB: The court will no longer send attorneys courtesy paper copies of opinions and orders. Opinions and orders will be sent to attorneys only electronically under LCvR 5.4(b)(1). (lcrwr3) (Entered: 06/20/2005)
2005-06-24Set/Reset Deadlines: Dispositive Motions due by 7/28/2005. Response to Dispositive Motions due by 10/14/2005. Reply to Dispositive Motions due by 11/4/2005. (lin, ) (Entered: 06/24/2005)
2005-07-2845MOTION for Extension of Time to Modification of Briefing Schedule by UNITED STATES DEPARTMENT OF JUSTICE, CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Text of Proposed Order)(Sherman, Michael) (Entered: 07/28/2005)
2005-08-01MINUTE ORDER: It is hereby ORDERED that defendant's unopposed motion 45 for modification of briefing schedule be, and hereby is, GRANTED. Defendants are to file Vaughn indexes and dispositive motions by August 10, 2005; plaintiff's opposition is due October 28, 2005; defendants' reply is due November 17, 2005. Issued by Judge Richard W. Roberts on 8/1/2005. (lcrwr3) Modified on 8/4/2005 (lin, ). (Entered: 08/01/2005)
2005-08-1046MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE, CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Text of Proposed Order # 2 Affidavit Declaration of Marilyn A. Dorn# 3 Vaughn Index - CIA# 4 Affidavit Declaration of Nancy L. Steward# 5 Exhibit Exhibits A-C (part 1) to Steward Declaration# 6 Exhibit Exhibit C (part 2) to Steward Declaration# 7 Attachment A (Pinnavaia slip op.)# 8 Attachment B (Halpern slip op.)# 9 Attachment C (Accuracy in Media slip op.))(Sherman, Michael) (Entered: 08/10/2005)
2005-10-2747Unopposed MOTION for Extension of Time to File Response/Reply to Defendants' Motion for Summary Judgment by CARL OGLESBY. (Lesar, James) (Entered: 10/27/2005)
2005-10-2848Amended MOTION for Extension of Time to Respond to Defendants' Mot. for Summary Judgment by CARL OGLESBY. (Lesar, James) (Entered: 10/28/2005)
2005-11-01MINUTE ORDER: It is hereby ORDERED that plaintiff's amended motion 48 for extension of time be, and hereby is GRANTED, and plaintiff's motion 47 be and hereby is, DENIED as moot. Plaintiff's response to defendant's motion for summary judgment is due by 11/11/2005; reply is due by 12/1/2005. Signed by Judge Richard W. Roberts on 11/1/2005. (ES) (Entered: 11/01/2005)
2005-11-02Set/Reset Deadlines: Response to Motion for Summary Judgment due by 11/11/2005. Reply to Motion for Summary Judgment due by 12/1/2005. (lin, ) (Entered: 11/02/2005)
2005-11-1149Unopposed MOTION for Extension of Time to Respond to Defendants Motion for Summary Judgement by CARL OGLESBY. (Lesar, James) (Entered: 11/11/2005)
2005-11-16MINUTE ORDER: It is hereby ORDERED that plaintiff's unopposed motion 49 for an extension of time to respond to defendants' motion for summary judgment be, and hereby is, GRANTED. Issued by Judge Richard W. Roberts on 11/16/05. (lcrwr2) (Entered: 11/16/2005)
2005-12-0850TRANSCRIPT of Status Call held on May 24, 2002 before Judge Richard W. Roberts. Court Reporter: Gordon A. Slodysko. 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. (jf, ) (Entered: 12/09/2005)
2005-12-2951MOTION for Extension of Time to Respond to Motion for Summary Judgment by CARL OGLESBY. (Attachments: # 1 Washington Post story)(Lesar, James) (Entered: 12/29/2005)
2006-01-03MINUTE ORDER: It is hereby ORDERED that plaintiff's unopposed motion 51 for extension of time to respond be, and hereby is, GRANTED. Response due 1/20/06; reply due 2/16/06. Issued by Judge Richard W. Roberts on 1/3/2006. (EHS) (Entered: 01/03/2006)
2006-01-09Set/Reset Deadlines: Responses due by 1/20/2006 Replies due by 2/16/2006. (mon, ) (Entered: 01/09/2006)
2006-01-2052MOTION for Extension of Time to Respond to Defendants' Motion for Summary Judgment by CARL OGLESBY. (Lesar, James) (Entered: 01/20/2006)
2006-01-30MINUTE ORDER: It is hereby ORDERED that plaintiff's fourth unopposed motion 52 for extension of time until February 6, 2006 to respond to defendants' motion for summary judgment be, and hereby is, GRANTED. Requests for further extensions of time by either party will be disfavored. Issued by Judge Richard W. Roberts on 1/30/2006. (EHS) (Entered: 01/30/2006)
2006-01-31Set/Reset Deadlines: Response to Motion for Summary Judgment due by 2/6/2006. (lin, ) (Entered: 01/31/2006)
2006-02-0753CROSS MOTION for Summary Judgment by CARL OGLESBY. (Attachments: # 1 Exhibit # 2 Exhibit Att 2--Mem. Op. (971216)# 3 Exhibit Att. 3--FBI Regulation# 4 Affidavit Lesar Decl.# 5 Appendix Local Rule Statement# 6 Affidavit oglesby Decl.)(Lesar, James). (Entered: 02/07/2006)
2006-02-0754MOTION for Leave to File Response to Def's Mot. for Summary Judgment Out-of-Time by CARL OGLESBY. (Lesar, James) (Entered: 02/07/2006)
2006-02-0755Memorandum in opposition to Defendants' MOTION for Summary Judgment re 46 filed by CARL OGLESBY. (to view document, click on link #53) (jf, ) (Entered: 02/08/2006)
2006-02-0856NOTICE of Change of Address by Michael Jeffrey Sherman (Sherman, Michael) (Entered: 02/08/2006)
2006-02-2257NOTICE of Filing of Signed Declaration of Carl Oglesby by CARL OGLESBY (Lesar, James) (Entered: 02/22/2006)
2006-02-27MINUTE ORDER: It is hereby ORDERED that plaintiff's unopposed motion 54 for leave to late-file, and hereby is, GRANTED. Issued by by Judge Richard W. Roberts on 2/27/06. (EHS) (Entered: 02/27/2006)
2006-03-0658Memorandum in opposition to re 53 Plaintiff's Cross-Motion for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE, CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Exhibit conversion chart# 2 Exhibit Memorandum of Understanding# 3 Exhibit Sinito slip opinion# 4 Affidavit Hardy Declaration# 5 Text of Proposed Order)(Sherman, Michael) (Entered: 03/06/2006)
2006-03-0759ERRATA by UNITED STATES DEPARTMENT OF JUSTICE, CENTRAL INTELLIGENCE AGENCY 58 Memorandum in Opposition, filed by UNITED STATES DEPARTMENT OF JUSTICE,, CENTRAL INTELLIGENCE AGENCY,. (Attachments: # 1 Affidavit Corrected Hardy Declaration)(Sherman, Michael) (Entered: 03/07/2006)
2006-03-1360MOTION for Extension of Time to File Response/Reply to Defendants' Opposition to Plaintiff's Cross-Motion for Summary Judgment by CARL OGLESBY. (Lesar, James) (Entered: 03/13/2006)
2006-03-24MINUTE ORDER: It is hereby ORDERED that plaintiff's unopposed motion 60 for extension of time to file reply re cross-motion 53 for summary judgment be, and hereby is, GRANTED. Reply due by 4/6/2006. Issued by Judge Richard W. Roberts on 3/24/2006. (EHS) (Entered: 03/24/2006)
2006-03-28Set/Reset Deadlines: Reply to Motion for Summary Judgment due by 4/6/2006. (lin, ) (Entered: 03/28/2006)
2006-04-0661Unopposed MOTION for Extension of Time to Reply to Defendants' Opposition to Plaintiff's Motion for Summary Judgment by CARL OGLESBY. (Lesar, James) (Entered: 04/06/2006)
2006-04-0862REPLY to opposition to motion re 53 MOTION for Summary Judgment filed by CARL OGLESBY. (Attachments: # 1 Exhibit exhibit 1# 2 Exhibit Exhibit 3)(Lesar, James) (Entered: 04/08/2006)
2006-04-10MINUTE ORDER: It is hereby ORDERED that plaintiff's consent motion 61 for a one-day extension of time until 4/7/2006 to file reply be, and hereby is, GRANTED, nunc pro tunc. Issued by Judge Richard W. Roberts on 04/10/06. (EHS) (Entered: 04/10/2006)
2006-11-0663ORDER directing FBI to make certain in camera submission by 11/16/06.. Signed by Judge Richard W. Roberts on 11/3/06. (lin, ) (Entered: 11/06/2006)
2006-11-1664Unopposed MOTION for Extension of Time to make in camera submission by UNITED STATES DEPARTMENT OF JUSTICE, CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Text of Proposed Order)(Sherman, Michael) (Entered: 11/16/2006)
2006-11-16MINUTE ORDER: It is hereby ORDERED that defendants' motion 64 for an extension of time through 11/22/06 to submit documents for an in camera review be, and hereby is, GRANTED. Issued by Judge Richard W. Roberts on 11/16/2006. (EHS) (Entered: 11/16/2006)
2006-11-2265NOTICE of availability of documents for in camera review by UNITED STATES DEPARTMENT OF JUSTICE, CENTRAL INTELLIGENCE AGENCY re 63 Order (Sherman, Michael) (Entered: 11/22/2006)
2007-02-2766MEMORANDUM OPINION AND ORDER denying in part and granting in part defendants' motion for summary judgment and denying plaintiff's cross-motion for summary judgment and request for discovery. Signed by Judge Richard W. Roberts on 2/27/2007. (EHS) (Entered: 02/27/2007)
2007-02-28Set/Reset Deadlines: Status Report due by 3/30/2007. (zlin, ) (Entered: 02/28/2007)
2007-03-0767NOTICE of Appearance by Allan Blutstein on behalf of UNITED STATES DEPARTMENT OF JUSTICE, CENTRAL INTELLIGENCE AGENCY (Blutstein, Allan) (Entered: 03/07/2007)
2007-03-0768NOTICE OF WITHDRAWAL OF APPEARANCE as to UNITED STATES DEPARTMENT OF JUSTICE, CENTRAL INTELLIGENCE AGENCY. Attorney Michael Jeffrey Sherman terminated. (Sherman, Michael) (Entered: 03/07/2007)
2007-03-3069Joint MOTION for Extension of Time to File Joint Status Report by CARL OGLESBY, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Blutstein, Allan) (Entered: 03/30/2007)
2007-04-0270STATUS REPORT of the Parties by CARL OGLESBY, UNITED STATES DEPARTMENT OF JUSTICE. (Blutstein, Allan) (Entered: 04/02/2007)
2007-04-03MINUTE ORDER: It is hereby ORDERED that parties' joint motion 69 for extension of time to submit joint status report be, and hereby is GRANTED, nunc pro tunc. The joint status report is due 4/2/2007. Issued by Judge Richard W. Roberts on 4/3/2007. (EHS) (Entered: 04/03/2007)
2007-04-1671MEMORANDUM ORDER directing parties to confer and by 4/30/07 propose a schedule. Signed by Judge Richard W. Roberts on 4/16/07. (EHS) (Entered: 04/16/2007)
2007-04-1672ENTERED IN ERROR.....Unopposed MOTION for Extension of Time to Reply to Def's Response to Pl's Mot. for Reconsideration by CARL OGLESBY (Lesar, James) Modified on 4/17/2007 (jf, ). (Entered: 04/16/2007)
2007-04-17NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 72 Unopposed MOTION for Extension of Time to Reply to Def's Response to Pl's Mot. for Reconsideration was entered in error and counsel and was re-filed in the correct case. (jf, ) (Entered: 04/17/2007)
2007-04-18Set/Reset Deadlines: Proposed schedule due by 4/30/2007. (lin, ) (Entered: 04/18/2007)
2007-04-3073STATUS REPORT OF THE PARTIES by CARL OGLESBY, UNITED STATES DEPARTMENT OF JUSTICE. (Blutstein, Allan) (Entered: 04/30/2007)
2007-12-1174STATUS REPORT by CARL OGLESBY, UNITED STATES DEPARTMENT OF JUSTICE. (Blutstein, Allan) (Entered: 12/11/2007)
2007-12-18MINUTE ORDER: It is hereby ORDERED that the revised deadlines proposed by the parties in the Status Report 74 be, and hereby are, ADOPTED. The next joint status report is due March 14, 2008. Issued by Judge Richard W. Roberts on 12/18/2007. (EHS) (Entered: 12/18/2007)
2007-12-19Set/Reset Deadlines: Status Report due by 3/14/2008. (lin, ) (Entered: 12/19/2007)
2008-03-1375STATUS REPORT of the Parties by CARL OGLESBY, UNITED STATES DEPARTMENT OF JUSTICE. (Blutstein, Allan) (Entered: 03/13/2008)
2008-03-18MINUTE ORDER: It is hereby ORDERED that the parties be, and hereby are, DIRECTED to file on or before June 26, 2008, an agreed briefing schedule. Issued by Judge Richard W. Roberts on 3/18/2008. (EHS) (Entered: 03/18/2008)
2008-03-18Set/Reset Deadlines: agreed briefing schedule due by 6/26/2008. (lin, ) (Entered: 03/18/2008)
2008-06-2576Joint MOTION for Extension of Time to File Proposed Briefing Schedule by CARL OGLESBY, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Blutstein, Allan) (Entered: 06/25/2008)
2008-06-26MINUTE ORDER: It is hereby ORDERED that the parties' joint motion 76 for extension of time until July 8th to file a proposed briefing schedule be, and hereby is, GRANTED. Issued by Judge Richard W. Roberts on 6/26/2008. (DCL) (Entered: 06/26/2008)
2008-06-30Set/Reset Deadlines: proposed briefing schedule due by 7/8/2008. (zlin, ) (Entered: 06/30/2008)
2008-07-0877NOTICE of Joint Proposed Briefing Schedule by CARL OGLESBY, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Blutstein, Allan) (Entered: 07/08/2008)
2008-07-1178ORDER, ( Cross Motions due by 2/25/2009., Response to Cross Motions due by 3/25/2009., Reply to Cross Motions due by 4/22/2009., Dispositive Motions due by 12/15/2008., Response to Dispositive Motions due by 2/25/2009., Reply to Dispositive Motions due by 3/25/2009.). Signed by Judge Richard W. Roberts on 7/9/08. (lin, ) (Entered: 07/11/2008)
2008-12-1279Unopposed MOTION for Extension of Time to File Dispositive Motion by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Blutstein, Allan) (Entered: 12/12/2008)
2009-01-22MINUTE ORDER: It is hereby ORDERED that defendant's unopposed motion 79 to modify the briefing schedule be, and hereby is, GRANTED. Defendant shall file its dispositive motion by January 23, 2009; plaintiff shall file an opposition and/or cross motion by April 6, 2009; defendant shall file its reply and/or opposition by May 4, 2009; and plaintiff shall file its reply by June 1, 2009. Issued by Judge Richard W. Roberts on 1/22/2009. (DCL) (Entered: 01/22/2009)
2009-01-2380Unopposed MOTION for Extension of Time to File Briefs by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Blutstein, Allan) (Entered: 01/23/2009)
2009-01-27Set/Reset Deadlines: Cross Motions due by 4/6/2009. Response to Cross Motions due by 5/4/2009. Reply to Cross Motions due by 6/1/2009. Dispositive Motions due by 1/23/2009. Response to Dispositive Motions due by 4/6/2009. Reply to Dispositive Motions due by 5/4/2009. (lin, ) (Entered: 01/27/2009)
2009-02-11MINUTE ORDER: It is hereby ORDERED that defendant's unopposed motion 80 to modify the briefing schedule be, and hereby is, GRANTED. Defendant shall file its dispositive motion by March 9, 2009; plaintiff shall file an opposition and/or cross motion by May 21, 2009; defendant shall file its reply and/or opposition by June 18, 2009; and plaintiff shall file its reply by July 16, 2009. Issued by Judge Richard W. Roberts on 2/11/09. (DCL) (Entered: 02/11/2009)
2009-02-12Set/Reset Deadlines: Cross Motions due by 5/21/2009. Response to Cross Motions due by 6/18/2009. Reply to Cross Motions due by 7/16/2009. Dispositive Motions due by 3/9/2009. Response to Dispositive Motions due by 5/21/2009. Reply to Dispositive Motions due by 6/18/2009. (zlin, ) (Entered: 02/12/2009)
2009-03-0381NOTICE of Appearance by Vanessa Renee Brinkmann on behalf of all defendants (Brinkmann, Vanessa) (Entered: 03/03/2009)
2009-03-0382NOTICE OF WITHDRAWAL OF APPEARANCE as to UNITED STATES DEPARTMENT OF JUSTICE, CENTRAL INTELLIGENCE AGENCY. Attorney Allan Blutstein terminated. (Blutstein, Allan) (Entered: 03/03/2009)
2009-03-0583Unopposed MOTION for Extension of Time to File Dispositive Motion by UNITED STATES DEPARTMENT OF JUSTICE (Brinkmann, Vanessa) (Entered: 03/05/2009)
2009-03-16MINUTE ORDER: It is hereby ORDERED that defendant's unopposed motion 83 to modify the briefing schedule be, and hereby is, GRANTED. Defendant shall file its dispositive motion by April 23, 2009; plaintiff shall file an opposition and/or cross motion by July 2, 2009; defendant shall file its reply and/or opposition by July 30, 2009; and plaintiff shall file its reply by August 27, 2009. Issued by Judge Richard W. Roberts on 3/16/2009. (DCL) (Entered: 03/16/2009)
2009-03-18Set/Reset Deadlines: Cross Motions due by 7/2/2009. Response to Cross Motions due by 7/30/2009. Reply to Cross Motions due by 8/27/2009. Dispositive Motions due by 4/23/2009. Response to Dispositive Motions due by 7/2/2009. Reply to Dispositive Motions due by 7/30/2009. (lin, ) (Entered: 03/18/2009)
2009-03-2484NOTICE of Change of Address by Vanessa Renee Brinkmann (Brinkmann, Vanessa) (Entered: 03/24/2009)
2009-04-2285Unopposed MOTION for Extension of Time to File Dispositive Motion by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Brinkmann, Vanessa) (Entered: 04/22/2009)
2009-04-28MINUTE ORDER: It is hereby ORDERED that defendant's unopposed motion 85 to modify the briefing schedule be, and hereby is, GRANTED. Defendant shall file its dispositive motion by May 7, 2009; plaintiff shall file an opposition and/or cross motion by July 16, 2009; defendant shall file its reply and/or opposition by August 13, 2009; and plaintiff shall file its reply by September 10, 2009. Issued by Judge Richard W. Roberts on 4/28/2009. (DCL) (Entered: 04/28/2009)
2009-04-29Set/Reset Deadlines: Cross Motions due by 7/16/2009. Response to Cross Motions due by 8/13/2009. Reply to Cross Motions due by 9/10/2009. Dispositive Motions due by 5/7/2009. Response to Dispositive Motions due by 7/16/2009. Reply to Dispositive Motions due by 8/13/2009. (zlin, ) (Entered: 04/29/2009)
2009-05-0786Unopposed MOTION for Extension of Time to File Dispositive Motion by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Brinkmann, Vanessa) (Entered: 05/07/2009)
2009-05-2287MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Affidavit Declaration of David M. Hardy, # 2 Exhibit Exhibit A and Exhibit B (part 1) to Hardy Declaration, # 3 Exhibit Exhibit B (part 2) to Hardy Declaration, # 4 Exhibit Exhibit B (part 3) to Hardy Declaration, # 5 Affidavit Declaration of Ralph S. DeMaio (part 1), # 6 Affidavit Declaration of Ralph S. DeMaio (part 2), # 7 Affidavit Declaration of Ralph S. DeMaio (part 3), # 8 Affidavit Declaration of Ralph S. DeMaio (part 4), # 9 Text of Proposed Order Granting Defendant's Motion for Summary Judgment)(Brinkmann, Vanessa) (Entered: 05/22/2009)
2009-07-2788Unopposed MOTION for Extension of Time to Respond to Defendant's Renewed Motin for Summary Judgment by CARL OGLESBY (Lesar, James) (Entered: 07/27/2009)
2009-09-1489Unopposed MOTION for Extension of Time to Respond to Defendant's Renewed Motion for Summary Judgment by CARL OGLESBY (Lesar, James) (Entered: 09/14/2009)
2009-09-23MINUTE ORDER: It is hereby ORDERED that plaintiff's unopposed motion 89 to modify the briefing schedule be, and hereby is, GRANTED. Plaintiff shall file an opposition and/or cross motion by November 16, 2009; defendant shall file its reply and/or opposition by December 14, 2009. Issued by Judge Richard W. Roberts on 9/23/2009. (DCL) (Entered: 09/23/2009)
2009-09-24Set/Reset Deadlines: Plaintiff's Response due by 11/16/2009, Defendant's Reply due by 12/14/2009. (hs) (Entered: 09/24/2009)
2009-11-0590Unopposed MOTION for Extension of Time to Respond to Defendant's Rrenewed Motion for Summary Judgment by CARL OGLESBY (Lesar, James) (Entered: 11/05/2009)
2009-11-0691Unopposed MOTION for Extension of Time to Respond to Defendant's Renewed Motion for Summary Judgment by CARL OGLESBY (Lesar, James) (Entered: 11/06/2009)
2009-11-09MINUTE ORDER: It is hereby ORDERED that plaintiff's unopposed motion 91 to modify the briefing schedule be, and hereby is, GRANTED. Plaintiff shall file an opposition and/or cross motion by December 14, 2009; defendant shall file its reply and/or opposition by January 11, 2009. Issued by Judge Richard W. Roberts on 11/09/2009. (DCL) (Entered: 11/09/2009)
2009-11-10Set/Reset Deadlines: Plaintiff's Response due by 12/14/2009. Defendant's Reply due by 1/11/2010. (hs) (Entered: 11/10/2009)
2009-12-1092Unopposed MOTION for Extension of Time to Respond to Defendant's Renewed Mot.ion for Summary Judgment by CARL OGLESBY (Lesar, James) (Entered: 12/10/2009)
2009-12-2893MOTION for Extension of Time to to Respond to Defendant's Renewed Motion for Summary Judgment by CARL OGLESBY (Lesar, James) (Entered: 12/28/2009)
2010-01-0594Unopposed MOTION for Extension of Time to Respond to Defendant's Renewed Motion for Summary Judgment by CARL OGLESBY (Lesar, James) (Entered: 01/05/2010)
2010-01-1495MOTION for Leave to File to Cross MOTION for Summary Judgment by CARL OGLESBY (Attachments: # 1 Memorandum in Support Memorandum in Support of Plaintiff's Cross-Motion for Summary Judgment and in Opposition to Defendant's Motion for Summary Judgment, # 2 Exhibit Mem. Opion in Keenan Case, # 3 Exhibit Mem. Opin. in Keenan Case, # 4 Declaration Lesar Declaration, # 5 Declaration Oglesby Declaration)(Lesar, James) Modified on 1/15/2010 to correct docket text (jf, ). (Entered: 01/14/2010)
2010-02-01MINUTE ORDER: It is hereby ORDERED that the plaintiff's unopposed motions 92 93 94 for extensions of time to respond to the defendants' motion for summary judgment be, and hereby are, GRANTED nunc pro tunc. It is further ORDERED that the plaintiff's unopposed motion 95 for leave to file his cross-motion for summary judgment be, and hereby is, GRANTED. Issued by Judge Richard W. Roberts on 02/01/2010. (DCL) (Entered: 02/01/2010)
2010-02-0196CROSS MOTION for Summary Judgment by CARL OGLESBY (Attachments: # 1 Exhibit Mem. Opion in Keenan Case, # 2 Exhibit Mem. Opion in Keenan Case, # 3 Lesar Declaration)(jf, ) (Entered: 02/02/2010)
2010-02-0497ENTERED IN ERROR.....NOTICE of Filing of Declaration by CARL OGLESBY (Lesar, James) Modified on 2/5/2010 (znmw, ). (Entered: 02/04/2010)
2010-02-0498NOTICE of Filing of Declaration by CARL OGLESBY (Attachments: # 1 Affidavit Oglesby Declaration)(Lesar, James) (Entered: 02/04/2010)
2010-02-05NOTICE OF ERROR re 97 Notice (Other); emailed to jlesar@mindspring.com, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Document incomplete/illegible, 2. Entered in error; refiled with attachment as Docket Entry 98 , (znmw, ) (Entered: 02/05/2010)
2010-02-1699Unopposed MOTION to Stay Proceedings and to Amend Briefing Schedule by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order Granting Defendant's Motion)(Brinkmann, Vanessa). Added MOTION to Amend Briefing Schedule on 2/18/2010 (jf, ). (Entered: 02/16/2010)
2010-02-24MINUTE ORDER: It is hereby ORDERED that the defendant's unopposed motion 99 for a stay be, and hereby is, GRANTED. It is further ORDERED that, in light of the stay, the defendant's motion 87 for summary judgment and the plaintiff's cross-motion 96 for summary judgment be, and hereby are, DENIED without prejudice. The parties are DIRECTED to file a joint status report and proposed order by March 12, 2010. Issued by Judge Richard W. Roberts on 02/24/2010. (DCL) (Entered: 02/24/2010)
2010-02-25Set/Reset Deadlines: Joint Status Report and Proposed Order due by 3/12/2010. (hs) (Entered: 02/25/2010)
2010-03-12100STATUS REPORT AND PROPOSED BRIEFING SCHEDULE by CARL OGLESBY, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order Granting Joint Proposed Briefing Schedule)(Brinkmann, Vanessa) (Entered: 03/12/2010)
2010-05-07101Joint MOTION for Order Granting Modification of Briefing Schedule by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order Granting Joint Motion for Modification of Briefing Schedule)(Brinkmann, Vanessa) (Entered: 05/07/2010)
2010-05-12MINUTE ORDER: It is hereby ORDERED that the parties' joint motion 101 to modify the briefing schedule be, and hereby is, GRANTED. Defendant FBI shall file its renewed motion for summary judgment by August 27, 2010; plaintiff shall file his opposition and/or cross motion for summary judgment by September 24, 2010; defendant FBI shall file its reply and its opposition by October 8, 2010; and plaintiff shall file his reply by October 22, 2010. Issued by Judge Richard W. Roberts on 05/12/2010. (DCL) (Entered: 05/12/2010)
2010-05-14Set/Reset Deadlines: Summary Judgment motions due by 8/27/2010. Response to Motion for Summary Judgment due by 9/24/2010. Reply to Motion for Summary Judgment due by 10/8/2010. Plaintiff's Reply due by 10/22/2010(hs) (Entered: 05/14/2010)
2010-08-19102Unopposed MOTION for Extension of Time to File Dispositive Motion by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order Granting Defendant's Motion)(Brinkmann, Vanessa) (Entered: 08/19/2010)
2010-10-20MINUTE ORDER: It is hereby ORDERED that the defendant's unopposed motion 102 to modify the briefing schedule be, and hereby is, GRANTED. Defendant FBI shall file its renewed motion for summary judgment by November 15, 2010; plaintiff shall file his opposition and/or cross motion for summary judgment by December 22, 2010; defendant FBI shall file its reply and its opposition by January 7, 2011; and plaintiff shall file his reply by January 21, 2011. Issued by Judge Richard W. Roberts on 10/20/2010. (DCL) (Entered: 10/20/2010)
2010-10-20Reset Deadlines: Renewed Summary Judgment motion due by 11/15/2010, Plaiintiffs' Response to Motion for Summary Judgment due by 12/22/2010, Defendant's Reply to Motion for Summary Judgment due by 1/7/2011 and Plaintiffs' Reply due by 1/21/2011. (hs) (Entered: 10/20/2010)
2010-11-15103MOTION for Summary Judgment (Second Renewed) by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Affidavit Third Declaration of David M. Hardy, # 2 Exhibit Hardy Decl. Ex. Part 1, # 3 Exhibit Hardy Decl. Ex. Part 2, # 4 Exhibit Hardy Decl. Ex. Part 3, # 5 Exhibit Hardy Decl. Ex. Part 4, # 6 Exhibit Hardy Decl. Ex. Part 5, # 7 Exhibit Hardy Decl. Ex. Part 6, # 8 Exhibit Hardy Decl. Ex. Part 7, # 9 Exhibit Hardy Decl. Ex. Part 8, # 10 Affidavit Declaration of Anne C. Costa, # 11 Affidavit Declaration of Brad S. Dorris, # 12 Affidavit Declaration of Diane M. Janosek, # 13 Affidavit Declaration of Mary Ellen Cole, # 14 Affidavit Declaration of Susan L. Kim, # 15 Text of Proposed Order Granting Defendant FBI's Second Renewed Motion for Summary Jugment)(Brinkmann, Vanessa) (Entered: 11/15/2010)
2010-12-24104Unopposed MOTION for Extension of Time to Respond to Defendant's Second Renewed Motion for Summary Judgment by CARL OGLESBY (Lesar, James) (Entered: 12/24/2010)
2010-12-30MINUTE ORDER: It is hereby ORDERED that the plaintiff's unopposed motion 104 for an extension through January 26, 2011 of the deadline to respond to the defendant's motion for summary judgment be, and hereby is, GRANTED nunc pro tunc. Issued by Judge Richard W. Roberts on 12/30/2010. (DCL) (Entered: 12/30/2010)
2011-01-03Reset Deadlines: Plaintiff's Response to Defendant's Motion for Summary Judgment due by 1/26/2011. (hs) (Entered: 01/03/2011)
2011-01-06105Joint MOTION for Extension of Time to File Plaintiff's Second Renewed Cross-Motion for Summary Judgment and Defendant's Opposition and Reply Thereto by CARL OGLESBY, UNITED STATES DEPARTMENT OF JUSTICE (Lesar, James) (Entered: 01/06/2011)
2011-01-25106Unopposed MOTION for Extension of Time to File Plaintiff's Second Renewed Cross-Motion for Summary Judgment by CARL OGLESBY (Lesar, James) (Entered: 01/25/2011)
2011-02-02107Second Renewed CROSS MOTION for Summary Judgment > by CARL OGLESBY (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4--Ravens in the Storm, Ch. 20, # 5 Exhibit Exhibit 5--Playboy Article, # 6 Exhibit Exhibit 6, # 7 Affidavit Oglesby Declaration, # 8 Affidavit Lesar Declaration)(Lesar, James) Modified on 2/3/2011 to enhance docket text (jf, ). (Entered: 02/02/2011)
2011-02-02108Memorandum in opposition to re 103 MOTION for Summary Judgment (Second Renewed) filed by CARL OGLESBY. (See Docket entry 107 to view document) (jf, ) (Entered: 02/03/2011)
2011-02-03MINUTE ORDER: It is hereby ORDERED that the parties' joint motion 105 for an extension be, and hereby is, GRANTED nunc pro tunc. It is further ORDERED that the plaintiff's unopposed motion 106 for a further extension of time to file its motion for summary judgment be, and hereby is, GRANTED nunc pro tunc. Issued by Judge Richard W. Roberts on 02/03/2011. (DCL) (Entered: 02/03/2011)
2011-02-16109MOTION for Leave to File Out of Time and to Adjust Schedule for Filing Parties' Statements of Material Facts by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order Granting Defendant FBI's Motion, # 2 Statement of Facts in Support of Defendant FBI's Second Renewed Motion for Summary Judgment)(Brinkmann, Vanessa) (Entered: 02/16/2011)
2011-02-22110Memorandum in opposition to re 107 Second Renewed MOTION for Summary Judgment Plaintiff's Second Renewed Cross-Motion for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Brinkmann, Vanessa) (Entered: 02/22/2011)
2011-02-22111REPLY to opposition to motion re 107 Second Renewed MOTION for Summary Judgment Plaintiff's Second Renewed Cross-Motion for Summary Judgment and Opposition to Defendant FBI's Second Renewed Motion for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Brinkmann, Vanessa) (Entered: 02/22/2011)
2011-03-23112Joint MOTION for Order to Stay Proceedings and to Amend Briefing Schedule by UNITED STATES DEPARTMENT OF JUSTICE, CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Text of Proposed Order Granting Joint Motion)(Brinkmann, Vanessa). Added MOTION to Amend/Correct on 3/24/2011 (znmw, ). Modified filer on 3/24/2011 (znmw, ). (Entered: 03/23/2011)
2011-04-22113Joint MOTION for Order to Amend Briefing Schedule by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order Granting Joint Motion to Amend Briefing Schedule)(Brinkmann, Vanessa) (Entered: 04/22/2011)
2011-05-13114Supplemental MEMORANDUM re 103 MOTION for Summary Judgment (Second Renewed) MOTION for Summary Judgment (Second Renewed) MOTION for Summary Judgment (Second Renewed) MOTION for Summary Judgment (Second Renewed) filed by UNITED STATES DEPARTMENT OF JUSTICE by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts, # 2 Affidavit Declaration of Dennis J. Argall, # 3 Exhibit to Decl. of Dennis J. Argall (Ex. A, Part 1), # 4 Exhibit to Decl. of Dennis J. Argall (Ex. A, Part 2 & Ex. B))(Brinkmann, Vanessa) Modified event title on 5/16/2011 (znmw, ). (Entered: 05/13/2011)
2011-06-01MINUTE ORDER: It is hereby ORDERED that the parties' joint motion 113 to amend the briefing schedule be, and hereby is, GRANTED. The FBI filed its suppplement to its second renewed motion for summary judgment on May 13, 2011; the plaintiff shall file a supplement to his second renewed cross-motion for summary judgment combined with his Rule 7(h) statement of facts and his reply to the FBI's opposition to his second renewed cross-motion for summary judgment by June 10, 2011; and the FBI shall file its opposition to plaintiff's supplement to his second renewed cross-motion for summary judgment by June 24, 2011. Issued by Judge Richard W. Roberts on 06/01/2011. (DCL) (Entered: 06/01/2011)
2011-06-01Set/Reset Deadlines: Plaintiff's Cross Motions due by 6/10/2011. Defendant FBI Opposition/Response to Cross Motions due by 6/24/2011. (hs) (Entered: 06/01/2011)
2011-06-04115Unopposed MOTION for Extension of Time to File Response to Def's Suppl. Mem. in Support of Second Renewed MSJ by CARL OGLESBY (Lesar, James) (Entered: 06/04/2011)
2011-06-16MINUTE ORDER: It is hereby ORDERED that the plaintiff's unopposed motion 115 for an extension through June 21, 2011 of the deadline to respond to the defendant's supplemental memorandum 114 in support of the defendant's second renewed motion for summary judgment be, and hereby is, GRANTED. Issued by Judge Richard W. Roberts on 06/16/2011. (DCL) (Entered: 06/16/2011)
2011-06-16Set/Reset Deadlines: Plaintiff's Response due by 6/21/2011. (hs) (Entered: 06/16/2011)
2011-06-23116Unopposed MOTION for Extension of Time to Motion to Revised Briefing Schedule Nunc Pro Tunc by CARL OGLESBY (Lesar, James) (Entered: 06/23/2011)
2011-07-14117Unopposed MOTION for Extension of Time to by CARL OGLESBY (Lesar, James) (Entered: 07/14/2011)
2011-07-18118ORDER by Chief Justice of the United States Supreme Court directing the designation and assignment of a United States District Judge for service in another circuit; assigning Judge Frederick J. Scullin, Jr. of the U.S. District Court for the Northern District of New York to the following cases: 10cv1646,08cv1199,09cv1482,10cv985,10cv2109,09cv96,06cv1216,02cv603,08cv77,and 06cv1652. (Signed by Chief Justice John D. Roberts on 7/1/11) (Entered: 07/18/2011)
2011-07-18119Case Reassigned to Judge Frederick J. Scullin, Jr. Judge Richard W. Roberts no longer assigned to the case. (jeb, ) (Entered: 07/18/2011)
2011-07-19TEXT SCHEDULING NOTICE : An In PersonStatus Conference is set for 7/21/2011 at 02:00 PM in Chambers 6333 before Judge Frederick J. Scullin Jr.. (Scullin, Frederick) (Entered: 07/19/2011)
2011-07-20TEXT RESCHEDULING NOTICE TIME CHANGE ONLY: In Person Status Conference remains set for 7/21/2011 and the time is changed to 02:30 PM before Judge Frederick J. Scullin Jr.. (Scullin, Frederick) (Entered: 07/20/2011)
2011-07-20120MOTION for Leave to File by CARL OGLESBY (Attachments: # 1 Memorandum in Support Plaintiff's Second Renewed Cross-Motion for Summary Judgment)(Lesar, James) (Entered: 07/20/2011)
2011-07-20121REPLY to opposition to motion re 107 Second Renewed MOTION for Summary Judgment Plaintiff's Second Renewed Cross-Motion for Summary Judgment filed by CARL OGLESBY. (Lesar, James) (Entered: 07/20/2011)
2011-07-20122NOTICE of Filing of Local Rule 7(h) Statement by CARL OGLESBY (Lesar, James) (Entered: 07/20/2011)
2011-07-21Minute Entry for proceedings held before Judge Frederick J. Scullin, Jr: Status Conference held on 7/21/2011. Court meets w/counsel in chambers. Pending motion is discussed. The Defendant will file outstanding papers by 8/1/2011. If the parties cannot resolve the outstanding issues, the Court will hold a hearing on 8/16/2011 at 11:00am. APP: James Lesar, Esq. for Pltf; Vanessa Brinkmann, Esq. for Deft. LC: DEM (Scullin, Frederick) (Entered: 07/22/2011)
2011-07-25123ORDER granting 120 Motion for Leave to File Out-of-Time: Reply to Response to 107 Renewed Cross-Motion for Summary Judgment; Supplemental Memorandum in support of 107 Renewed Cross-Motion for Summary Judgment an d7(h) Statement in support of 107 Renewed Cross-Motion for Summary Judgment.. Signed by Judge Frederick J. Scullin, Jr on 7/22/2011. (Scullin, Frederick) (Entered: 07/25/2011)
2011-07-25124SUPPLEMENTAL MEMORANDUM OF LAW by CARL OGLESBY in oppostion to 114 Supplemental Memorandum by Deft in support of Second Renewed MOTION for Summary Judgment and in support of 107 Second Renewed CROSS-MOTION for Summary Judgment (Scullin, Frederick) (Entered: 07/25/2011)
2011-07-25125RESPONSE by Carl Oglesby TO DEFENDANT's 114 Memorandum, attachment #1 SUPPLEMENTAL RULE 7(h) STATEMENT. (Scullin, Frederick) (Entered: 07/25/2011)
2011-08-01126Joint MOTION for Order to Stay Proceedings and Amend Briefing Schedule by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order Granting Joint Motion)(Brinkmann, Vanessa) (Entered: 08/01/2011)
2011-08-08127ORDER denying without prejudice with leave to renew 103 Motion for Summary Judgment; denying without prejudice with leave to renew 107 Motion for Summary Judgment; finding as moot 116 Motion for Extension of Time to file a revised briefing schedule; finding as moot 117 Motion for Extension of Time to file a revised briefing schedule; granting 126 Joint Motion to stay proceedings and amend briefing schedule. Proceedings are stayed for no longer than 6 months (2/8/12) pending re-processing of Plaintiff's FOIA request; that within 5 days of completing the re-processing, parties shall confer and then within 7 days thereafter jointly submit proposed amendments to the briefing schedule. Further, defendant shall file status reports every 30 days beginning 9/1/2011. Therefore, the hearing scheduled for 8/16/2011 is cancelled and instead defendant's counsel shall initiate a telephone conference call on 8/16/2011 at 11:00am to address any further issues.. Signed by Judge Frederick J. Scullin, Jr on 8/8/2011. ( the Court notes that pursuant to MDO issued 2/27/2007 all claims against CIA were dismissed ) (Scullin, Frederick) (Entered: 08/08/2011)
2011-08-08TEXT SCHEDULING NOTICE: Set Hearings: Pursuant to 127 order issued 8/8/2011: Telephone Conference set for 8/16/2011 11:00 AM before Judge Frederick J. Scullin Jr. Defense counsel is responsible for initiating the conference call using a professional teleconferencing service. Judge Scullin's chambers can be reached at 202-354-3536, (Scullin, Frederick) (Entered: 08/08/2011)
2011-08-16Minute Entry for proceedings held before Judge Frederick J. Scullin, Jr: Telephone Conference held on 8/16/2011. (jth) (Entered: 08/16/2011)
2011-09-01128NOTICE of Appearance by Caroline A. Smith on behalf of CENTRAL INTELLIGENCE AGENCY, UNITED STATES DEPARTMENT OF JUSTICE (Smith, Caroline) (Entered: 09/01/2011)
2011-09-01129Unopposed MOTION for Extension of Time to File Status Report by CENTRAL INTELLIGENCE AGENCY, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Smith, Caroline) (Entered: 09/01/2011)
2011-09-01TEXT ORDER granting 129 Unopposed Motion for Extension of Time to File Status Report until 9/8/2011. IT IS SO ORDERED by Judge Frederick J. Scullin, Jr on 9/1/2011. (Scullin, Frederick) (Entered: 09/01/2011)
2011-09-08130STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Brinkmann, Vanessa) (Entered: 09/08/2011)
2011-09-30131STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Brinkmann, Vanessa) (Entered: 09/30/2011)
2011-10-21132STIPULATION by CENTRAL INTELLIGENCE AGENCY, CARL OGLESBY, UNITED STATES DEPARTMENT OF JUSTICE. (Lesar, James) (Entered: 10/21/2011)
2011-10-28133STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Brinkmann, Vanessa) (Entered: 10/28/2011)
2011-10-28134Unopposed MOTION for Order to Extend Stay of Proceedings by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order Granting Motion to Extend Stay)(Brinkmann, Vanessa) (Entered: 10/28/2011)
2011-10-31135STIPULATION AND ORDER to SUBSTITUTE PARTIES. Barbara Webster, administratrix of the Estate of Carl Oglesby and Aron DiBacco, daughter and heir of Carl Oglesby are substituted for Carl Oglesby.. Signed by Judge Frederick J. Scullin, Jr on 10/24/2011. (Scullin, Frederick) (Entered: 10/31/2011)
2011-11-01136ORDER granting 134 Motion to Extend the Stay of Proceedings re: FOIA request, no later than 8/8/2012. This is a final extension.. Signed by Judge Frederick J. Scullin, Jr on 11/1/2011. (Scullin, Frederick) (Entered: 11/01/2011)
2011-12-01137STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Brinkmann, Vanessa) (Entered: 12/01/2011)
2011-12-30138STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Brinkmann, Vanessa) (Entered: 12/30/2011)
2012-02-01139STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Brinkmann, Vanessa) (Entered: 02/01/2012)
2012-03-01140STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Brinkmann, Vanessa) (Entered: 03/01/2012)
2012-03-30141STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, UNITED STATES DEPARTMENT OF JUSTICE. (Smith, Caroline) (Entered: 03/30/2012)
2012-05-01142STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Brinkmann, Vanessa) (Entered: 05/01/2012)
2012-06-01143STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Brinkmann, Vanessa) (Entered: 06/01/2012)
2012-06-29144STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Brinkmann, Vanessa) (Entered: 06/29/2012)
2012-07-16145MOTION to Amend Briefing Schedule by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Van Horn, Daniel) Modified on 7/17/2012 to edit event (dr). (Entered: 07/16/2012)
2012-07-16146NOTICE to the Court regarding Briefing Schedule by ARON DIBACCO, BARBARA WEBSTER. (Lesar, James) Modified on 7/17/2012 to edit event (dr). (Entered: 07/16/2012)
2012-07-18147MOTION for Partial Summary Judgment as to Scope of Request by ARON DIBACCO, BARBARA WEBSTER (Attachments: # 1 Exhibit Att. A--JHL-Pustay (120411))(Lesar, James) (Entered: 07/18/2012)
2012-07-18148ORDER: Motion by Plaintiff for partial summary judgment to be filed by 7/18/2012; response to motion to be filed by 8/10/2012; reply to response to motion to be filed by 8/21/2012. Oral Argument set for 8/28/2012 at 2:00pm at the US Courthouse in Washington DC. Signed by Judge Frederick J. Scullin, Jr on 7/18/2012. (Scullin, Frederick) (Entered: 07/18/2012)
2012-07-18Set Deadlines as to 147 MOTION for Partial Summary Judgment as to Scope of FOIA Request. Motion Argument set for 8/28/2012 02:00 PM - courtroom will be determined at a later date - before Judge Frederick J. Scullin Jr.. (Scullin, Frederick) (Entered: 07/18/2012)
2012-07-19149Unopposed MOTION for Order to Amend Schedule by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order Granting Defendant FBI's Motion)(Brinkmann, Vanessa) (Entered: 07/19/2012)
2012-08-09150Unopposed MOTION for Extension of Time to File Opposition to Plaintiffs' Motion for Partial Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order Granting Motion)(Brinkmann, Vanessa) (Entered: 08/09/2012)
2012-08-09TEXT ORDER granting 150 Motion for Extension of Time to file Response to 147 Motion for Partial Summary Judgment. Response to motion now due 8/15/2012. Further, granting 149 Motion for an adjournment of the date for oral argument. Oral argument will now be heard on 9/10/2012 at 10:00am at the US Courthouse, Washington, DC. Courtroom to be determined. IT IS SO ORDERED by Judge Frederick J. Scullin, Jr on 8/9/2012. (Scullin, Frederick) (Entered: 08/09/2012)
2012-08-15TEXT SCHEDULING NOTICE RE: 147 MOTION for Partial Summary Judgment. Motion Hearing set for 9/10/2012 IS ADJOURNED WITHOUT DATE due to a change in the Court calendar. Once the next DC calendar is set, counsel will be notified of a new date.(Scullin, Frederick) (Entered: 08/15/2012)
2012-08-15151Memorandum in opposition to re 147 MOTION for Partial Summary Judgment as to Scope of Request filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Counterstatement of Facts, # 2 Text of Proposed Order Denying Plaintiffs' Partial Motion for Summary Judgment, # 3 Declaration (Fourth) of David Hardy)(Brinkmann, Vanessa) (Entered: 08/15/2012)
2012-08-27152REPLY to opposition to motion re 147 MOTION for Partial Summary Judgment as to Scope of Request filed by ARON DIBACCO, BARBARA WEBSTER. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Lesar, James) (Entered: 08/27/2012)
2012-09-05MOTION RESCHEDULING NOTICE as to 147 MOTION for Partial Summary Judgment as to Scope of Request . Motion Argument is reset for 10/2/2012 11:00 AM before Judge Frederick J. Scullin Jr. Courtroom to be announced at a later date. (Scullin, Frederick) (Entered: 09/05/2012)
2012-09-19Courtroom Designation for October 2, 2012. All counsel please report to Courtroom 17. (Scullin, Frederick) (Entered: 09/19/2012)
2012-09-27153NOTICE of Filing of Exhibit 3 re 152 REPLY to opposition to Motion, by ARON DIBACCO, BARBARA WEBSTER (Lesar, James) Modified on 9/28/2012 to create relationship and add link (dr). (Entered: 09/27/2012)
2012-10-02Minute Entry: Proceedings held before Judge Frederick J. Scullin, Jr: Motion Hearing held on 10/2/2012, taking under advisement 145 MOTION to Amend/Correct Briefing Schedule filed by UNITED STATES DEPARTMENT OF JUSTICE, 149 Unopposed MOTION for Order to Amend Schedule filed by UNITED STATES DEPARTMENT OF JUSTICE, 147 MOTION for Partial Summary Judgment as to Scope of Request filed by ARON DIBACCO, BARBARA WEBSTER. (Court Reporter Vicki Estvold) (hs) (Entered: 10/02/2012)
2012-10-10154ORDER granting in part and denying in part 147 Motion for Partial Summary Judgment. Deft shall review and release nonexempt portions of the 16,705 pages that were excluded from scope of FOIA request at a rate of 500 pages per month and that until this review is completed, Deft shall submit a status report by the 15th of each month. Further it is ordered that proceedings shall be STAYED during this process and that within 5 days upon conclusion of process the parties shall file a joint proposed amended briefing schedule within 7 days thereafter. Therefore, motions to amend briefing schedule are moot.. Signed by Judge Frederick J. Scullin, Jr on 10/10/2012. (Scullin, Frederick) (Entered: 10/10/2012)
2012-10-11155TRANSCRIPT OF MOTIONS HEARING before Judge Frederick J. Scullin, Jr held on 10/2/12; Page Numbers: 1-15. Date of Issuance:10/11/12. Court Reporter Vicki Eastvold, Telephone number 202-354-3242, Court Reporter Email Address : vicki_eastvold@dcd.uscourts.gov.<P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P> NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov.<P></P> Redaction Request due 11/1/2012. Redacted Transcript Deadline set for 11/11/2012. Release of Transcript Restriction set for 1/9/2013.(Eastvold, Vicki) (Entered: 10/11/2012)
2012-10-15156STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Brinkmann, Vanessa) (Entered: 10/15/2012)
2012-11-15157STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Brinkmann, Vanessa) (Entered: 11/15/2012)
2012-12-14158STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Brinkmann, Vanessa) (Entered: 12/14/2012)
2013-01-15159STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Brinkmann, Vanessa) (Entered: 01/15/2013)
2013-02-15160STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Brinkmann, Vanessa) (Entered: 02/15/2013)
2013-03-15161STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Brinkmann, Vanessa) (Entered: 03/15/2013)
2013-04-15162STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Brinkmann, Vanessa) (Entered: 04/15/2013)
2013-05-15163STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Brinkmann, Vanessa) (Entered: 05/15/2013)
2013-06-14164STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Brinkmann, Vanessa) (Entered: 06/14/2013)
2013-07-15165STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Brinkmann, Vanessa) (Entered: 07/15/2013)
2013-07-22166ENTERED IN ERROR.....NOTICE of Change of Address by James H. Lesar (Lesar, James) Modified on 7/23/2013 (znmw, ). (Entered: 07/22/2013)
2013-07-22167NOTICE of Change of Address by James H. Lesar (Lesar, James) (Entered: 07/22/2013)
2013-07-23NOTICE OF CORRECTED DOCKET ENTRY: Docket Entry 166 Notice of Change of Address was entered in error as a duplicate of Docket Entry 167 Notice of Change of Address. (znmw, ) (Entered: 07/23/2013)
2013-07-23168ORDER that Plaintiffs shall file a status report as to why they have not submitted the required fees or responded to inquires about those fees and what their intentions are with respect to those fees within ten days.... Signed by Judge Frederick J. Scullin, Jr on 7/23/2013. (Scullin, Frederick) (Entered: 07/23/2013)
2013-08-02169NOTICE Plaintiffs' Report to the Court by ARON DIBACCO, BARBARA WEBSTER (Lesar, James) (Entered: 08/02/2013)
2013-08-15170STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Brinkmann, Vanessa) (Entered: 08/15/2013)
2013-09-13171STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Brinkmann, Vanessa) (Entered: 09/13/2013)
2013-10-15172STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Brinkmann, Vanessa) (Entered: 10/15/2013)
2013-11-15173STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Brinkmann, Vanessa) (Entered: 11/15/2013)
2013-12-13174STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Brinkmann, Vanessa) (Entered: 12/13/2013)
2014-01-15175STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Brinkmann, Vanessa) (Entered: 01/15/2014)
2014-02-13176STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Brinkmann, Vanessa) (Entered: 02/13/2014)
2014-03-14177STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Brinkmann, Vanessa) (Entered: 03/14/2014)
2014-04-15178STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Brinkmann, Vanessa) (Entered: 04/15/2014)
2014-05-15179STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Brinkmann, Vanessa) (Entered: 05/15/2014)
2014-06-13180STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Brinkmann, Vanessa) (Entered: 06/13/2014)
2014-07-15181STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Brinkmann, Vanessa) (Entered: 07/15/2014)
2014-08-15182STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Brinkmann, Vanessa) (Entered: 08/15/2014)
2014-09-12183STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Brinkmann, Vanessa) (Entered: 09/12/2014)
2014-10-15184STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Brinkmann, Vanessa) (Entered: 10/15/2014)
2014-11-14185STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Brinkmann, Vanessa) (Entered: 11/14/2014)
2014-12-15186STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Brinkmann, Vanessa) (Entered: 12/15/2014)
2015-01-15187STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Brinkmann, Vanessa) (Entered: 01/15/2015)
2015-02-13188STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Brinkmann, Vanessa) (Entered: 02/13/2015)
2015-03-13189STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Brinkmann, Vanessa) (Entered: 03/13/2015)
2015-04-13190NOTICE of Appearance by Robert Ralph Kiepura on behalf of All Defendants (Kiepura, Robert) (Entered: 04/13/2015)
2015-04-15191STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Brinkmann, Vanessa) (Entered: 04/15/2015)
2015-04-15192NOTICE OF WITHDRAWAL OF APPEARANCE as to UNITED STATES DEPARTMENT OF JUSTICE. Attorney Vanessa Renee Brinkmann terminated. (Brinkmann, Vanessa) (Entered: 04/15/2015)
2015-04-29193NOTICE of Appearance by Amanda Jean Marchand Jones on behalf of UNITED STATES DEPARTMENT OF JUSTICE (Jones, Amanda) (Entered: 04/29/2015)
2015-04-30194Unopposed MOTION for Extension of Time to Provide Interim Release by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Jones, Amanda) (Entered: 04/30/2015)
2015-04-30195ORDER: Granting the # 194 Motion for Extension of Time to Provide Interim Release. Signed by Judge Frederick J. Scullin, Jr. on 4/30/2015. (Scullin, Frederick) (Entered: 04/30/2015)
2015-05-15196STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Kiepura, Robert) (Entered: 05/15/2015)
2015-06-15197STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Kiepura, Robert) (Entered: 06/15/2015)
2015-07-13198STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Kiepura, Robert) (Entered: 07/13/2015)
2015-08-10199STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Kiepura, Robert) (Entered: 08/10/2015)
2015-09-10200Joint MOTION to Stay Proceedings by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Kiepura, Robert) (Entered: 09/10/2015)
2015-09-10201TEXT ORDER: Granting the # 200 Motion to stay proceedings for 60 days. The Court hereby ORDERS that these proceedings shall be stayed pending plaintiffs' submission of a new fee waiver request within 30 days of the date of this order and defendant FBI's response to that fee waiver request within 30 days of receipt. It is further ORDERED that the parties shall confer and submit an amended briefing schedule within 10 days of defendant's response. IT IS SO ORDERED by Judge Frederick J. Scullin, Jr. on 9/10/2015. (Scullin, Frederick) (Entered: 09/10/2015)
2015-11-20202Joint MOTION for Order to amend briefing schedule by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order Proposed Order to Amend Briefing Schedule)(Kiepura, Robert) (Entered: 11/20/2015)
2015-11-20203ORDER: The Court hereby ORDERS that the # 202 motion to amend the briefing schedule is GRANTED. The Court further ORDERS that Defendant shall file its motion for leave to renew its motion for summary judgment on or before December 11, 2015. The Court further ORDERS that Plaintiffs shall file their response to Defendant's motion on or before January 19, 2016. The Court hereby ORDERS that Defendant shall file its reply on or before February 2, 2016. The Court further ORDERS that the parties shall confer and submit an amended briefing schedule within ten days of the Court's Order disposing of Defendant's motion. Signed by Judge Frederick J. Scullin, Jr. on 11/20/2015. (Scullin, Frederick) (Entered: 11/20/2015)
2015-11-24Set/Reset Deadlines: Motion for leave to renew motion for summary judgment due by 12/11/2015. Response due by 1/19/2016 Reply due by 2/2/2016. (zmm) (Entered: 11/24/2015)
2015-12-10204MOTION for Leave to File Renewed Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Kiepura, Robert) (Entered: 12/10/2015)
2016-01-19205Second MOTION for Partial Summary Judgment as to Scope of Request and Opposition to Defs' Mot. for Leave to File Renewed Mot. for Summary Judgment by ARON DIBACCO, CARL OGLESBY, BARBARA WEBSTER (Attachments: # 1 Statement of Facts Local Rule 7(h) Statement, # 2 Exhibit Exh. 1--CPO 2938, # 3 Exhibit Exh. 2--CPO 2957, # 4 Exhibit Exh. 3--Hardy-JHL (120208))(Lesar, James) (Entered: 01/19/2016)
2016-02-02206MOTION to Strike 205 Second MOTION for Partial Summary Judgment as to Scope of Request and Opposition to Defs' Mot. for Leave to File Renewed Mot. for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Kiepura, Robert) (Entered: 02/02/2016)
2016-02-02207REPLY to opposition to motion re 205 Second MOTION for Partial Summary Judgment as to Scope of Request and Opposition to Defs' Mot. for Leave to File Renewed Mot. for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Kiepura, Robert) (Entered: 02/02/2016)
2016-02-09208Consent MOTION for Extension of Time to Respond to Defs; Mot. to Strike and Reply to Mot. for Leave to File Summary Judgment Motion by ARON DIBACCO, CARL OGLESBY, BARBARA WEBSTER (Lesar, James) (Entered: 02/09/2016)
2016-02-11209TEXT ORDER: Granting the # 208 Consent Motion for an Extension of time to file a Response to the # 206 Motion to Strike and a Reply to the # 204 Motion for leave to file a renewed motion for summary judgment. Plaintiff's Response and Reply to the respective motions are due by 2/26/2016. IT IS SO ORDERED by Judge Frederick J. Scullin, Jr. on 2/11/2016. (Scullin, Frederick) (Entered: 02/11/2016)
2016-02-22210Consent MOTION for Extension of Time to Respond to Defendants' Motion to Strike by ARON DIBACCO, CARL OGLESBY, BARBARA WEBSTER (Lesar, James) (Entered: 02/22/2016)
2016-02-22211TEXT ORDER: Granting the # 210 Consent Motion for an extension of time to respond to the # 206 Motion to Strike. Response to Motion due by March 7, 2016. IT IS SO ORDERED by Judge Frederick J. Scullin, Jr. on 2/22/2016. (Scullin, Frederick) (Entered: 02/22/2016)
2016-02-22Set/Reset Deadlines: Response to motion to strike due by 3/7/2016. (zmm) (Entered: 02/22/2016)
2016-03-03212Consent MOTION for Extension of Time to by BARBARA WEBSTER (Lesar, James) (Entered: 03/03/2016)
2016-03-07213TEXT ORDER: Granting the # 212 Consent Motion for an extension of time to respond to the # 206 Motion to Strike. Response to Motion due by March 14, 2016. The Court will not entertain any further extensions without good cause shown. IT IS SO ORDERED by Judge Frederick J. Scullin, Jr. on 3/7/2016. (Scullin, Frederick) (Entered: 03/07/2016)
2016-03-14214Memorandum in opposition to re 206 MOTION to Strike 205 Second MOTION for Partial Summary Judgment as to Scope of Request and Opposition to Defs' Mot. for Leave to File Renewed Mot. for Summary Judgment filed by BARBARA WEBSTER. (Attachments: # 1 Exhibit Pigford v. Veneman, # 2 Exhibit Cobell v. Norton)(Lesar, James) (Entered: 03/14/2016)
2016-03-14215ERRATA by BARBARA WEBSTER. (Attachments: # 1 Statement of Facts Local Rule 7.1(h) Statement)(Lesar, James) (Entered: 03/14/2016)
2016-03-21Set/Reset Deadlines: Response to motion to strike due by 3/14/2016. (zmm) (Entered: 03/21/2016)
2016-03-21216REPLY to opposition to motion re 206 MOTION to Strike 205 Second MOTION for Partial Summary Judgment as to Scope of Request and Opposition to Defs' Mot. for Leave to File Renewed Mot. for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Kiepura, Robert) (Entered: 03/21/2016)
2016-05-17217NOTICE of Appearance by Jonathan Michael Breyan on behalf of UNITED STATES DEPARTMENT OF JUSTICE (Breyan, Jonathan) (Entered: 05/17/2016)
2016-05-23218NOTICE OF WITHDRAWAL OF APPEARANCE as to UNITED STATES DEPARTMENT OF JUSTICE. Attorney Robert Ralph Kiepura terminated. (Kiepura, Robert) (Entered: 05/23/2016)
2017-08-10219ORDER: The Court hereby ORDERS that Defendant's # 204 motion for leave to file a renewed motion for summary judgment at this time is DENIED. The Court further ORDERS that Plaintiffs' # 205 motion for partial summary judgment is DENIED. The Court further ORDERS that Defendant's # 206 motion to strike Plaintiffs' motion for partial summary judgment is DENIED as moot. The Court further ORDERS that the parties may file motions for summary judgment; however, they must base any such motions on a Vaughn Index that includes the 16,803 pages that Defendant has reviewed and which the Court deemed to be responsive to Plaintiffs' request. The Court further ORDERS that the parties shall confer and file a joint proposed schedule for Defendant's completion of a new Vaughn Index, which must include the additional 16,803 pages that Defendant reviewed and which the Court deemed responsive to Plaintiffs' request, and for the filing of any dispositive motions within 30 days of the date of this Order. Signed by Judge Frederick J. Scullin, Jr. on 8/10/2017. (Scullin, Frederick) (Entered: 08/10/2017)
2017-09-11220Joint MOTION for Scheduling Order by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Breyan, Jonathan) (Entered: 09/11/2017)
2017-09-11221ORDER: The Court hereby ORDERS that Plaintiffs shall select a representative sample of up to 350 pages, that Defendant has released in part, plus an additional sample of ten documents, not to exceed 600 pages, that Defendant has withheld in their entirety, from the additional 16,803 pages that Defendant reviewed and which the Court deemed responsive to Plaintiffs' request, for the completion of a new Vaughn Index. The Court further ORDERS that Plaintiff shall submit their selected representative sample to Defendant for completion of a new Vaughn Index on or before October 25, 2017. The Court further ORDERS that Defendant shall submit its new Vaughn Index to Plaintiffs on or before January 26, 2018. The Court further ORDERS that the parties shall confer and submit a joint status report to the Court on or before February 9, 2018, in which they shall set forth a schedule for the filing of any dispositive motions. However, if the parties determine that the filing of dispositive motions will be necessary, all such motions must be fully briefed, filed with the Court, and served on the opposing parties no later than May 11, 2018. Signed by Judge Frederick J. Scullin, Jr. on 9/11/2017. (Scullin, Frederick) (Entered: 09/11/2017)
2017-11-02222Consent MOTION for Extension of Time to revise Vaughn Sample Index Schedule by ARON DIBACCO, BARBARA WEBSTER (Lesar, James) (Entered: 11/02/2017)
2017-11-03223ORDER granting 222 Motion for Extension of Time to revise Vaughn Index schedule. The Plaintiffs shall submit their sample to Defendant on or before 11/9/2017; Defendant shall submit its new Vaughn Index to Plaintiffs on or before 2/9/2018. Parties shall then confer and submit a joint status report on or before 2/23/2018 setting forth a dispositive motion schedule in which all such motions must be filed and served by 5/11/2018.. Signed by Judge Frederick J. Scullin, Jr on 11/3/2017. (Scullin, Frederick) (Entered: 11/03/2017)
2018-02-23224Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Breyan, Jonathan) (Entered: 02/23/2018)
2018-02-28225ORDER re: 224 Joint Status Report Granting joint request to submit a supplemental status report and recommendation on or before 3/9/2018.. Signed by Judge Frederick J. Scullin, Jr on 2.28.2018. (Scullin, Frederick) (Entered: 02/28/2018)
2018-03-09226Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Breyan, Jonathan) (Entered: 03/09/2018)
2018-03-09227ORDER Scheduling Conference set for 5/8/2018 at 02:00 PM before Judge Frederick J. Scullin Jr. Courtroom location to be determined closer to conference date and the parties will be notified.. Signed by Judge Frederick J. Scullin, Jr on 3/9/2018. (Scullin, Frederick) (Entered: 03/09/2018)
2018-03-26RESCHEDULING NOTICE: Due to a change in the Court's calendar: Scheduling Conference reset for 5/9/2018 at 02:00 PM before Judge Frederick J. Scullin Jr...( A courtroom will be determined at a later date) (Scullin, Frederick) (Entered: 03/26/2018)
2018-05-07228Supplemental STATUS REPORT by ARON DIBACCO, BARBARA WEBSTER. (Attachments: # 1 Exhibit Clemente letter to AG Sessions)(Lesar, James) (Entered: 05/07/2018)
2018-05-07229TEXT ORDER that the 228 Status Report filed by ARON DIBACCO, BARBARA WEBSTER requesting that a further status report be submitted by June 6, 2018 instead of appearing for the status conference set for May 9, 2018 at 2:00pm is Denied. The parties shall appear prepared to state of status of the case for the record.. IT IS SO ORDERED by Judge Frederick J. Scullin, Jr on 5/7/2018. (Scullin, Frederick) (Entered: 05/07/2018)
2018-05-09Set/Reset Hearings: Status Conference set for 5/9/2018 at 02:00 PM in Courtroom 19 before Judge Frederick J. Scullin Jr. (hs) (Entered: 05/09/2018)
2018-05-22230ORDER directing Plaintiffs to select a representative sample of up to 200 documents, not to exceed 500 pages, that have been released in part and 10 samples, not to exceed 200 pages, that have been withheld in their entirety, from the records reprocessed in 2011-2012 by 6/6/2018; that Defendant shall complete a new Vaughn Index by 9/14/2018; that dispositive motions shall be filed by 11/15/2018 and further that this matter is referred to the Chief Judge for reassignment.. Signed by Judge Frederick J. Scullin, Jr on 5/22/2018. (Scullin, Frederick) (Entered: 05/22/2018)
2018-05-22Set/Reset Deadlines: Vaughn Index due by 9/14/2018, Dispositive Motions due by 11/15/2018. (hs) (Entered: 05/22/2018)
2018-05-22Case directly reassigned to Chief Judge Beryl A. Howell by consent pursuant to 230 Order entered 5/22/18. Judge Frederick J. Scullin, Jr is no longer assigned to the case. (ztnr) (Entered: 05/23/2018)
2018-05-22Case randomly reassigned to Judge Rudolph Contreras pursuant to 230 Order entered 5/22/18. Chief Judge Beryl A. Howell is no longer assigned to the case. (ztnr) (Entered: 05/23/2018)
2018-10-05231NOTICE of Appearance by Andrew Donald Fiorillo on behalf of UNITED STATES DEPARTMENT OF JUSTICE (Fiorillo, Andrew) (Entered: 10/05/2018)
2018-10-11232NOTICE of Appearance by Jessica Kelly Dangle on behalf of UNITED STATES DEPARTMENT OF JUSTICE (Dangle, Jessica) (Entered: 10/11/2018)
2018-11-09233MOTION for Extension of Time to File Dispositive Motions by UNITED STATES DEPARTMENT OF JUSTICE (Fiorillo, Andrew) (Entered: 11/09/2018)
2018-11-09MINUTE ORDER granting 233 Unopposed Motion for Extension of Time: it is hereby ORDERED that the parties shall file dispositive motions in response to the Court's May 22, 2018 Order on or before December 6, 2018. SO ORDERED. Signed by Judge Rudolph Contreras on 11/9/18. (lcrc1) (Entered: 11/09/2018)
2018-12-06234MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration Fifth Hardy, # 2 Exhibit, # 3 Statement of Facts, # 4 Memorandum in Support, # 5 Text of Proposed Order)(Fiorillo, Andrew) (Entered: 12/06/2018)
2019-01-22MINUTE ORDER: It is hereby ORDERED that the parties shall meet, confer, and submit a joint status report on or before February 5, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on 1/22/19. (lcrc1) (Entered: 01/22/2019)
2019-02-05235Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Fiorillo, Andrew) (Entered: 02/05/2019)
2019-02-11236MOTION for Extension of Time to File Interim Award of Attorney Fees by ARON DIBACCO, BARBARA WEBSTER (Attachments: # 1 Memorandum in Support MP&A for Mot to Extend Time to File Mot for Interim Fees etc., # 2 Text of Proposed Order)(Lesar, James) (Entered: 02/11/2019)
2019-02-21237Memorandum in opposition to re 236 MOTION for Extension of Time to File Interim Award of Attorney Fees filed by UNITED STATES DEPARTMENT OF JUSTICE. (Fiorillo, Andrew) (Entered: 02/21/2019)
2019-03-15238REPLY to opposition to motion re 236 MOTION for Extension of Time to File Interim Award of Attorney Fees filed by ARON DIBACCO, CARL OGLESBY, BARBARA WEBSTER. (Lesar, James) (Entered: 03/15/2019)
2019-03-17239ERRATA by ARON DIBACCO, BARBARA WEBSTER re 238 Reply to opposition to Motion (Attachments: # 1 Exhibit Morley Mot. for Ext of Time to File Pet. for Writ Cert.)(Lesar, James) Modified event title on 3/18/2019 (znmw). (Entered: 03/17/2019)
2019-03-21240MOTION to Strike 238 Reply to opposition to Motion, 239 Notice (Other) by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Fiorillo, Andrew) (Entered: 03/21/2019)
2019-06-04MINUTE ORDER denying 236 Plaintiffs' motion for extension of time to file interim award of attorney fees; denying as moot 240 Defendant's motion to strike reply to opposition to motion: Plaintiffs' motion does not identify a convincing reason for why briefing on Defendant's 234 motion for summary judgment should be delayed in order to brief the interim fee award issue. Plaintiffs are free to file a motion for award of interim fees at any time, though the Court does note that it is disinclined to award such fees when a motion for summary judgment that would potentially resolve this case has been pending since December 2018. Accordingly, it is hereby ORDERED that Plaintiffs shall file their opposition to Defendant's motion for summary judgment on or before July 8, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on 6/4/19. (lcrc1) (Entered: 06/04/2019)
2019-07-08241MOTION for Extension of Time to File Response/Reply by ARON DIBACCO, CARL OGLESBY, BARBARA WEBSTER (Attachments: # 1 Text of Proposed Order, # 2 Exhibit)(Lesar, James); Modified event and text on 7/9/2019 (tth). (Entered: 07/08/2019)
2019-07-11242RESPONSE re 241 MOTION for Extension of Time to File Response/Reply filed by UNITED STATES DEPARTMENT OF JUSTICE. (Dangle, Jessica) (Entered: 07/11/2019)
2019-08-06MINUTE ORDER granting in part and denying in part 241 motion for extension of time: it is hereby ORDERED that Plaintiffs shall have up to and including October 1, 2019 to file their opposition to the pending 234 motion for summary judgment. However, no further extensions will be granted by this Court to Mr. Lesar. The only request for extension that will be considered is one filed by new counsel seeking a short period of time to get up to speed in this long-running case. Accordingly, it is FURTHER ORDERED that, by September 3, 2019, Plaintiffs shall file a status report indicating whether the October 1, 2019 deadline is expected to be met, or, if not, describing the efforts to locate new counsel. SO ORDERED. Signed by Judge Rudolph Contreras on 8/6/19. (lcrc1) (Entered: 08/06/2019)
2019-08-09Set/Reset Deadlines: Status Report due by 9/3/2019. Response to Motion for Summary Judgment due by 10/1/2019. (tj) (Entered: 08/09/2019)
2019-09-20MINUTE ORDER: The Court notes that Plaintiffs have not filed their required 9/3/2019 status report. See Minute Order (August 6, 2019). Given such failure, it is hereby again ORDERED that Plaintiffs' opposition to the pending 234 motion for summary judgment be filed on or before October 1, 2019. Otherwise, the motion will be considered without the benefit of Plaintiffs' opposition. SO ORDERED. Signed by Judge Rudolph Contreras on 09/20/2019. (lcrc1) (Entered: 09/20/2019)
2019-10-01243RESPONSE re 234 MOTION for Summary Judgment filed by ARON DIBACCO, CARL OGLESBY, BARBARA WEBSTER. (Attachments: # 1 Declaration Hurst Declaration, # 2 Exhibit Composite exhibit, Doc. 70, # 3 Exhibit Composite exhibit, Doc. 74, # 4 Exhibit Composite exhibit, Doc. 75, # 5 Exhibit Composite exhibit, Doc. 76)(Lesar, James) (Entered: 10/01/2019)
2019-10-08244REPLY re 234 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Fiorillo, Andrew); Modified docket entry relationship and text on 10/9/2019 (ztth). (Entered: 10/08/2019)
2020-03-31245ORDER granting 234 Defendant's Motion for Summary Judgment. See document for details. Signed by Judge Rudolph Contreras on 3/31/2020. (lcrc1) (Entered: 03/31/2020)
2020-03-31246MEMORANDUM OPINION granting 234 Defendant's Motion for Summary Judgment. See document for details. Signed by Judge Rudolph Contreras on 3/31/2020. (lcrc1) (Entered: 03/31/2020)
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