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Case TitleWISDOM v. UNITED STATES TRUSTEE PROGRAM
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv01821
Date Filed2015-10-23
Date Closed2017-09-01
JudgeJudge James E. Boasberg
PlaintiffALLEN L. WISDOM
Case DescriptionAllen Wisdom, who had filed for bankruptcy in Idaho, submitted a FOIA request to the U.S. Trustees Program for records located in the District of Idaho. The agency asked Wisdom to clarify his request and then told him it would cost $220. He paid the fee, which was returned because the amount of the estimated fees did not require advance payment. However, his fees eventually were determined to be $411, which he paid. After failing to receive any documents from the agency, Wisdom filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES TRUSTEE PROGRAM A component of U.S. Department of Justice
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [29]
FOIA Project Annotation: Judge James Boasberg has ruled that the U.S. Trustee Program failed to conduct an adequate search for records concerning Jeremy Gugino's performance when he served as a private trustee administering Chapter 7 bankruptcies in the District of Idaho. Allen Wisdom declared bankruptcy and Gugino was assigned his case. The two did not get along and Wisdom filed suit in bankruptcy court against Gugino, alleging misconduct in handling his case. Shortly after Wisdom filed his complaint, Gugino resigned as a member of the region's private-trustee panel. Wisdom filed a request for 15 categories of records either concerning his bankruptcy case or Gugino's service as a trustee. The Executive Office for the U.S. Trustees asked Wisdom for clarification and eventually assessed him $411.25 in fees. The agency's initial disclosure consisted of 58 redacted pages. Wisdom filed a second request for records concerning the processing of his first request. The agency told Wisdom it found no records responsive to that request. Although he had originally agreed to limit the search to the Boise office, he later contacted the agency and told it that he wanted a search of other offices as well. The agency treated this as a third request, disclosing 209 pages in response. The agency argued that Wisdom had failed to exhaust his administrative remedies because he had not filed an administrative appeal of his third request. But Boasberg pointed out that it was the agency that classified his clarification of the extent of the search for records for his first request as a new request and the Wisdom had protested that action. He noted that "when a defendant has made these particular representations, which reasonably would have deterred a plaintiff from seeking administrative redress with FOIA's attendant deadlines for an administrative appeal, the purposes of FOIA's exhaustion regime would not be advanced by allowing the agency to thus avoid judicial review entirely." Boasberg found the agency's searches for all three requests insufficient, pointing out that "while the government's Motion as to its search fails because it has not properly described its searches, Plaintiff's summary-judgment Motion as to the search likewise falls short, as it remains unclear whether the searches themselves were inadequate or just inadequately explained by the government." However, he found the government's search as to the third request plainly inadequate and granted Wisdom summary judgment on that search. Boasberg rejected the agency's Exemption 5 (privileges) claims. As to one claim, he noted that "several courts have found that [performance] reviews are not deliberative, though they may be predecisional, and thus not subject to the deliberative-process privilege." Finding such performance reviews did not qualify for the attorney work-product privilege either, Boasberg added that "the Court cannot ascertain at this point how such routine audits of workplace performance could be considered as produced at the behest of an attorney in preparation of litigation." He agreed that redactions of personal information made under Exemption 6 (invasion of privacy) were appropriate, but found that the public interest in disclosure of Gugino's performance evaluation was strong enough to merit an in camera review to assess the privacy balance. Boasberg rejected the agency's Exemption 7(E) (investigative methods and techniques) claim pertaining to techniques used by the agency to detect illegal activity. Boasberg noted that "there seems to be no law-enforcement purpose undergirding the government's compilation or retention of the information."
Issues: Exemption 5 - Privileges, Adequacy - Search, Exemption 6 - Invasion of privacy
Opinion/Order [34]
FOIA Project Annotation: Judge James Boasberg has ruled that personnel review records of former U.S. bankruptcy trustee Jeremy Gugino contain discussions of his allegedly inadequate bond coverage and that pro se litigant Allen Wisdom should be given a chance to argue that their disclosure is in the public interest. Although the U.S. Trustee Program characterized the records as performance reviews and withheld them under Exemption 6 (invasion of privacy), after Boasberg reviewed them in camera he realized that they were directly pertinent to Wisdom's public interest argument. Ordering supplemental arguments from both parties, Boasberg noted that "the public does have some interest in these evaluations. . .Not only do these records appear to include [information that would shed light on government activities], but they also contain much more of it than Wisdom previously could have surmised." Boasberg observed that "to give Plaintiff a fair shot at meeting his burden, the Court must give him another chance to brief the issue as to these particular records."
Issues: Public Interest Fee Waiver - Shed light on government activities, Exemption 6 - Invasion of privacy
Opinion/Order [45]
FOIA Project Annotation: Judge James Boasberg has ruled that the U.S. Trustee Program, which oversees bankruptcy trustees, has now sufficiently explained its search for records concerning former private trustee Paul Gugino and its withholding claims made under Exemption 5 (privileges) and Exemption 6 (invasion of privacy). Allen Wisdom had filed for Chapter 7 bankruptcy in Idaho. He was assigned Gugino, who as a private trustee was not a government employee. Wisdom did not get along with Gugino, who, with the approval of the bankruptcy court, ordered Wisdom to liquidate his life insurance policies. Wisdom filed three FOIA requests with the U.S. Trustee Program for records concerning Gugino. In a prior opinion, Boasberg found the agency's explanation of its search and exemption claims was inadequate and ordered the agency to remedy its shortcomings. Wisdom complained that the agency's Vaughn index was inadequate because it did not explain to which of his 15 categories each document corresponded. But Boasberg noted that "although thoroughness is certainly preferable, FOIA requests are not interrogatories; as long as the Agency provided all responsive documents to all request categories and listed all those withheld, it has complied with the statute." Wisdom also argued that in his earlier opinion Boasberg has rejected the agency's exemption claims. But Boasberg pointed out that he had previously indicated that the agency had not provided sufficient justification for its exemption claims, not that they did not apply. This time, however, Boasberg agreed that the agency had now shown that both the deliberative process privilege and the attorney work-product privilege justified its Exemption 5 claims. Turning to Exemption 6, Boasberg noted that "private trustees like Gugino occupy a position somewhere between public officials and private citizens. As a private individual, Gugino certainly has a strong privacy interest in the details of his evaluations. Even if Gugino were a government employee (which he is not) he would still have some privacy interest in his performance evaluation." Finding that the agency had struck the right balance in disclosing information pertinent to the agency's evaluation of Gugino while redacting more personal information, Boasberg observed that 'any further information disclosing the particulars of Gugino's evaluations would not illuminate the subject enough to overcome Gugino's privacy interest."
Issues: Search - Detailed description of search, Exemption 6 - Invasion of privacy
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-10-231COMPLAINT against UNITED STATES TRUSTEE PROGRAM ( Filing fee $ 400, receipt number 4616074266) filed by ALLEN L. WISDON. (Attachments: # 1 Civil Cover Sheet)(td) (Entered: 10/27/2015)
2015-11-02SUMMONS (3) Issued as to UNITED STATES TRUSTEE PROGRAM, U.S. Attorney and U.S. Attorney General (md) (Entered: 11/02/2015)
2015-11-302AMENDED COMPLAINT against UNITED STATES TRUSTEE PROGRAM filed by ALLEN L. WISDOM.(td) (Entered: 12/04/2015)
2015-11-303RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/17/2015. ( Answer due for ALL FEDERAL DEFENDANTS by 12/17/2015.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/17/15., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES TRUSTEE PROGRAM served on 11/17/2015 (td) (Entered: 12/04/2015)
2015-12-164ANSWER to 1 Complaint by UNITED STATES TRUSTEE PROGRAM.(Haynes, Fred) (Entered: 12/16/2015)
2015-12-17MINUTE ORDER: The Court ORDERS that the parties shall meet and confer and propose a briefing schedule by January 6, 2016. Signed by Judge James E. Boasberg on 12/17/15. (lcjeb3) (Entered: 12/17/2015)
2015-12-17Set/Reset Deadlines: Meet & Confer Statement due by 1/6/2016. (tg) (Entered: 12/17/2015)
2015-12-235AFFIDAVIT (certificate of service) re 2 Amended Complaint by ALLEN L. WISDOM. (td) (Entered: 12/28/2015)
2016-01-046ANSWER to 2 Amended Complaint by UNITED STATES TRUSTEE PROGRAM. Related document: 2 Amended Complaint filed by ALLEN L. WISDOM.(Haynes, Fred) (Entered: 01/04/2016)
2016-01-057Consent MOTION for Extension of Time to File Briefing Schedule by UNITED STATES TRUSTEE PROGRAM (Haynes, Fred) (Entered: 01/05/2016)
2016-01-06MINUTE ORDER granting 7 Consent Motion for Extension of Time to File Briefing Schedule. The Court ORDERS that the parties shall file a proposed briefing schedule for dispositive motions by no later than January 20, 2016. Signed by Judge James E. Boasberg on 1/6/2016. (lcjeb2) (Entered: 01/06/2016)
2016-01-06Set/Reset Deadline: The parties shall file a proposed briefing schedule for dispositive motions by no later than 1/20/2016. (ad) (Entered: 01/06/2016)
2016-01-208NOTICE of Proposed Order (Joint Proposed Briefing Schedule) by UNITED STATES TRUSTEE PROGRAM (Haynes, Fred) (Entered: 01/20/2016)
2016-01-21MINUTE ORDER: The Court ORDERS that the parties shall file a joint status report by March 21, 2016, and every 60 days thereafter until they are ready to propose concrete dates for briefing. Signed by Judge James E. Boasberg on 1/21/16. (lcjeb3) (Entered: 01/21/2016)
2016-01-21Set/Reset Deadlines: Joint Status Report due by 3/21/2016, and every 60 days thereafter until they are ready to propose concrete dates for briefing. (tg) (Entered: 01/21/2016)
2016-03-219STATUS REPORT and Proposed Briefing Schedule by UNITED STATES TRUSTEE PROGRAM. (Haynes, Fred) (Entered: 03/21/2016)
2016-03-22MINUTE ORDER: The Court ORDERS that, in accordance with the parties' joint proposed briefing schedule, Defendant shall file its motion for summary judgment and Vaughn Index by May 20, 2016; Plaintiff shall file his opposition and any cross-motion for summary judgment by June 22, 2016; Defendant shall file its reply in support of its motion and opposition to any cross-motion by July 8, 2016; and Plaintiff shall file his reply in support of any cross-motion by July 28, 2016. Signed by Judge James E. Boasberg on 3/22/16. (lcjeb3) (Entered: 03/22/2016)
2016-03-22Set/Reset Deadlines: Defendant shall file its motion for summary judgment and Vaughn Index by 5/20/2016; Plaintiff shall file his opposition and any cross-motion for summary judgment by 6/22/2016; Defendant shall file its reply in support of its motion and opposition to any cross-motion by 7/08/2016; and Plaintiff shall file his reply in support of any cross-motion by 7/28/2016. (ad) (Entered: 03/22/2016)
2016-05-2010Consent MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by UNITED STATES TRUSTEE PROGRAM (Haynes, Fred) (Entered: 05/20/2016)
2016-05-23MINUTE ORDER granting Consent 10 Motion for Extension of Time to File. The Court ORDERS that Defendant shall file its motion for summary judgment by May 27, 2016. Signed by Judge James E. Boasberg on 5/23/16. (lcjeb3) (Entered: 05/23/2016)
2016-05-23Set/Reset Deadline: The Defendant shall file its motion for summary judgment by 5/27/2016. (ad) (Entered: 05/23/2016)
2016-05-2711Consent MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by UNITED STATES TRUSTEE PROGRAM (Haynes, Fred) (Entered: 05/27/2016)
2016-05-31MINUTE ORDER granting Consent 11 Motion for Extension of Time to File. The Court ORDERS that Defendant shall file its motion for summary judgment on or before June 6, 2016. Signed by Judge James E. Boasberg on 5/31/16. (lcjeb3) (Entered: 05/31/2016)
2016-05-31Set/Reset Deadlines: Defendant's Summary Judgment motion due by 6/6/2016. (tg) (Entered: 05/31/2016)
2016-06-0612Consent MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by UNITED STATES TRUSTEE PROGRAM (Haynes, Fred) (Entered: 06/06/2016)
2016-06-06MINUTE ORDER granting Consent 12 Motion for Extension of Time to File. The Court ORDERS that Defendant shall file its motion for summary judgment by June 10, 2016; Plaintiff shall file his opposition to Defendant's motion and any cross-motion for summary judgment by July 15, 2016; Defendant shall file its reply in support of its motion and its opposition to any cross-motion by July 29, 2016; and Plaintiff shall file his reply in support of any cross-motion by August 19, 2016. Signed by Judge James E. Boasberg on 6/6/16. (lcjeb3) (Entered: 06/06/2016)
2016-06-06Set/Reset Deadlines: Defendant shall file its motion for summary judgment by 6/10/2016; Plaintiff shall file his opposition to Defendant's motion and any cross-motion for summary judgment by 7/15/2016; Defendant shall file its reply in support of its motion and its opposition to any cross-motion by 7/29/2016; and Plaintiff shall file his reply in support of any cross-motion by 8/19/2016. (ad) (Entered: 06/06/2016)
2016-06-1013Consent MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by UNITED STATES TRUSTEE PROGRAM (Haynes, Fred) (Entered: 06/10/2016)
2016-06-13MINUTE ORDER granting Consent 13 Motion for Extension of Time to File. The Court ORDERS that Defendant shall file its motion for summary judgment by June 14, 2016; Plaintiff shall file his opposition and any cross-motion for summary judgment by July 19, 2016; Defendant shall file its reply and opposition to any cross-motion by August 2, 2016; and Plaintiff shall file his reply in support of any cross-motion by August 23, 2016. Signed by Judge James E. Boasberg on 6/13/16. (lcjeb3) (Entered: 06/13/2016)
2016-06-13Set/Reset Deadlines: Defendant shall file its motion for summary judgment by 6/14/2016; Plaintiff shall file his opposition and any cross-motion for summary judgment by 7/19/2016; Defendant shall file its reply and opposition to any cross-motion by 8/02/2016; and Plaintiff shall file his reply in support of any cross-motion by 8/23/2016. (ad) (Entered: 06/13/2016)
2016-06-1414MOTION for Summary Judgment by UNITED STATES TRUSTEE PROGRAM (Attachments: # 1 Exhibit Declaration of Joseph F. Carilli, Jr., # 2 Exhibit A to Carilli Declaration, # 3 Exhibit B to Carilli Declaration, # 4 Exhibit C to Carilli Declaration, # 5 Exhibit D to Carilli Declaration, # 6 Exhibit E to Carilli Declaration, # 7 Exhibit F to Carilli Declaration, # 8 Exhibit G to Carilli Declaration, # 9 Exhibit H to Carilli Declaration, # 10 Exhibit I to Carilli Declaration, # 11 Exhibit J to Carilli Declaration, # 12 Exhibit K to Carilli Declaration, # 13 Exhibit L to Carilli Declaration, # 14 Exhibit M to Carilli Declaration, # 15 Exhibit N to Carilli Declaration, # 16 Exhibit O to Carilli Declaration, # 17 Exhibit P to Carilli Declaration, # 18 Exhibit Q to Carilli Declaration, # 19 Exhibit R to Carilli Declaration, # 20 Exhibit S to Carilli Declaration, # 21 Exhibit T to Carilli Declaration, # 22 Exhibit U to Carilli Declaration, # 23 Exhibit V to Carilli Declaration, # 24 Exhibit W to Carilli Declaration, # 25 Exhibit X to Carilli Declaration, # 26 Exhibit Y to Carilli Declaration, # 27 Exhibit Z to Carilli Declaration)(Haynes, Fred) (Entered: 06/14/2016)
2016-06-1515ORDER directing Plaintiff to respond to Defendant's 14 Motion for Summary Judgment no later than July 19, 2016. Signed by Judge James E. Boasberg on 6/15/16. (lcjeb3) (Entered: 06/15/2016)
2016-06-16Set/Reset Deadline: Plaintiff shall respond to Defendant's 14 Motion for Summary Judgment no later than 7/19/2016. (ad) (Entered: 06/16/2016)
2016-07-1816Consent MOTION for Extension of Time for the Filings of Plaintiff's Cross-Motion for Summary Judgment and Opposition to Defendant's Summary Judgment Motion and Replies by ALLEN L. WISDOM (td) (Entered: 07/19/2016)
2016-07-19MINUTE ORDER granting Consent 16 Motion for Extension of Time to File. The Court ORDERS that Plaintiff shall file his opposition to Defendant's Motion for Summary Judgment and cross-motion for summary judgment by August 9, 2016; Defendant shall file its opposition to plaintiff's cross-motion and reply in support of its Motion by August 23, 2016; and Plaintiff shall file his reply in support of his cross-motion by September 12, 2016. Signed by Judge James E. Boasberg on 7/19/16. (lcjeb3) (Entered: 07/19/2016)
2016-07-20Set/Reset Deadlines: Plaintiff shall file his opposition to Defendant's Motion for Summary Judgment and cross-motion for summary judgment by 8/09/2016; Defendant shall file its opposition to plaintiff's cross-motion and reply in support of its Motion by 8/23/2016; and Plaintiff shall file his reply in support of his cross-motion by 9/12/2016. (ad) (Entered: 07/20/2016)
2016-08-0917RESPONSE re 14 MOTION for Summary Judgment filed by ALLEN L. WISDOM. (td) (Entered: 08/10/2016)
2016-08-0918Cross MOTION for Summary Judgment by ALLEN L. WISDOM (Attachments: # 1 Declaration, # 2 Exhibit A-B, # 3 Exhibit C-I, # 4 Exhibit J-K)(td) (Entered: 08/10/2016)
2016-08-2319Consent MOTION for Extension of Time to File Defendant's Opposition to Plaintiff's Cross-Motion for Summary Judgment and Its Reply in Support of Its Motion for Summary Judgment by UNITED STATES TRUSTEE PROGRAM (Haynes, Fred) (Entered: 08/23/2016)
2016-08-24MINUTE ORDER granting 19 Motion for Extension of Time to File. The Court ORDERS that Defendant's consolidated opposition and reply shall be filed by September 22, 2016, and Plaintiff's reply in support of his Cross-Motion for Summary Judgment shall be filed by October 3, 2016. Signed by Judge James E. Boasberg on 8/24/16. (lcjeb3) (Entered: 08/24/2016)
2016-08-24Set/Reset Deadlines: Defendant's consolidated opposition and reply shall be filed by 9/22/2016, and Plaintiff's reply in support of his Cross-Motion for Summary Judgment shall be filed by 10/03/2016. (ad) (Entered: 08/24/2016)
2016-09-2220Consent MOTION for Extension of Time to File Defendant's Opposition to Plaintiff's Cross-Motion for Summary Judgment and Defendant's Reply Memorandum in Support of Its Motion for Summary Judgment by UNITED STATES TRUSTEE PROGRAM (Haynes, Fred) (Entered: 09/22/2016)
2016-09-23MINUTE ORDER granting 20 Consent Motion for Extension of Time to File. The Court ORDERS that Defendant shall file its Opposition to the Cross-Motion for Summary Judgment and its Reply on or before October 7, 2016. Signed by Judge James E. Boasberg on 09/23/2016. (lcjeb3) (Entered: 09/23/2016)
2016-09-23Set/Reset Deadlines: Defendant shall file its Opposition to the Cross-Motion for Summary Judgment and its Reply on or before 10/7/2016. (ad) (Entered: 09/23/2016)
2016-10-0721Consent MOTION for Extension of Time to File Defendant's Opposition to Plaintiff's Cross-Motion for Summary Judgment and Defendant's Reply Memorandum in Support of its Motion for Summary Juydgment by UNITED STATES TRUSTEE PROGRAM (Haynes, Fred) (Entered: 10/07/2016)
2016-10-11MINUTE ORDER: The Court ORDERS that: 1) Defendant's 21 Motion for Extension of Time to File is GRANTED; 2) Defendant shall file its reply in support of its Motion for Summary Judgment and its opposition to Plaintiff's cross-motion by October 13, 2016; and 3) Plaintiff shall file his reply in support of his cross-motion by October 28, 2016. Signed by Judge James E. Boasberg on 10/11/2016.(lcjeb1) (Entered: 10/11/2016)
2016-10-11Set/Reset Deadlines: Defendant shall file its reply in support of its Motion for Summary Judgment and its opposition to Plaintiff's cross-motion by 10/13/2016; and Plaintiff shall file his reply in support of his cross-motion by 10/28/2016. (ad) (Entered: 10/11/2016)
2016-10-1622Consent MOTION for Extension of Time to File Defendant's Opposition to Plaintiff's Cross-Motion for Summary Judgment and Defendant's Reply Memorandum in Support of Its Motion for Summary Judgment by UNITED STATES TRUSTEE PROGRAM (Haynes, Fred) (Entered: 10/16/2016)
2016-10-17MINUTE ORDER granting 22 Consent Motion for Extension of Time to File. The Court ORDERS that Defendant shall file its Opposition to Plaintiff's Cross-Motion for Summary Judgment and its Reply in support of its Motion for Summary Judgment on or before November 7, 2016. Signed by Judge James E. Boasberg on 10/17/2016. (lcjeb3) (Entered: 10/17/2016)
2016-10-17Set/Reset Deadlines: Defendant's Opposition to Cross Motion and Reply to Opposition to Motion for Summary Judgment due by 11/7/2016. (tg) (Entered: 10/17/2016)
2016-11-0723Consent MOTION for Extension of Time to File (of One Day) Defendant's Opposition to Plaintiff's Motion for Summary Judment and Defendant's Reply Memorandum in Support of Its Motion for Summary Judgment by UNITED STATES TRUSTEE PROGRAM (Haynes, Fred) (Entered: 11/07/2016)
2016-11-08MINUTE ORDER granting 23 Consent Motion for Extension of Time to File. The Court ORDERS that Defendant shall file its reply in support of its motion for summary judgment and its opposition to Plaintiff's cross-motion by November 8, 2016. Plaintiff shall file his reply in support of his cross-motion on or before December 7, 2016. Signed by Judge James E. Boasberg on 11/08/2016. (lcjeb3) (Entered: 11/08/2016)
2016-11-08Set/Reset Deadlines: Defendant shall file its reply in support of its motion for summary judgment and its opposition to Plaintiff's cross-motion by 11/08/2016. Plaintiff shall file his reply in support of his cross-motion on or before 12/07/2016. (ad) (Entered: 11/08/2016)
2016-11-0824Memorandum in opposition to re 18 MOTION for Summary Judgment filed by UNITED STATES TRUSTEE PROGRAM. (Attachments: # 1 Exhibit A - Supplemental Carilli Declaration, # 2 Exhibit Exhibits A toK to Supplemental Carilli Declaration, # 3 Exhibit B - Response to Plaintiff's Statement of Material Facts Not in Genuine Dispute, # 4 Exhibit C - Defendant's Statement of Material Facts as to Which There Is No Genuine Dispute in Connection with Plaintiff's Cross-Motion for Summary Judgment)(Haynes, Fred) (Entered: 11/08/2016)
2016-11-0825REPLY to opposition to motion re 14 MOTION for Summary Judgment filed by UNITED STATES TRUSTEE PROGRAM. (Haynes, Fred) (Entered: 11/08/2016)
2016-11-3026MOTION to Strike Portions of Defendant's Opposition 25 Reply to opposition to Motion, 24 Memorandum in Opposition,, by ALLEN L. WISDOM (td) (Entered: 12/02/2016)
2016-12-02MINUTE ORDER: The Court ORDERS that Plaintiff's 26 Motion to Strike is DENIED. Plaintiff may make these same points in his forthcoming Reply. The Court also advises Plaintiff that his Motion violates LCvR 5.1(d) in its excessive footnoting in improper font. The Court further ORDERS that Plaintiff may have until December 14, 2016, to submit his Reply. Signed by Judge James E. Boasberg on 12/02/16. (lcjeb3) (Entered: 12/02/2016)
2016-12-02Set/Reset Deadlines: Plaintiff may have until December 14, 2016, to submit his Reply. (nbn) (Entered: 12/02/2016)
2016-12-1627REPLY to opposition to motion re 18 MOTION for Summary Judgment filed by ALLEN L. WISDOM. (td) (Entered: 12/20/2016)
2017-01-1328ORDER granting in part and denying in part [14, 18] Cross Motions for Summary Judgment. Defendant shall produce Gugino's performance evaluations for in camera review by January 23, 2017. The parties shall also meet, confer, and propose a further briefing schedule by January 23, 2017. Signed by Judge James E. Boasberg on 1/13/2017. (lcjeb1) (Entered: 01/13/2017)
2017-01-1329MEMORANDUM AND OPINION re 28 Order on Cross Motions for Summary Judgment. Signed by Judge James E. Boasberg on 1/13/2017. (lcjeb1) (Entered: 01/13/2017)
2017-01-13Set/Reset Deadlines: Meet, confer, and propose a further briefing by 1/23/2017. (nbn) (Entered: 01/23/2017)
2017-01-2330Consent MOTION for Extension of Time to file Proposed Briefing Schedule and to Submit, In Camera, Evaluations of the Trusteeee by UNITED STATES TRUSTEE PROGRAM (Attachments: # 1 Text of Proposed Order)(Haynes, Fred) (Entered: 01/23/2017)
2017-01-23MINUTE ORDER granting 30 Consent Motion for Extension of Time to File. The Court ORDERS that a proposed briefing schedule and Defendant's in camera submission shall be filed on or before January 27, 2017. Signed by Judge James E. Boasberg on 01/23/2017. (lcjeb3) (Entered: 01/23/2017)
2017-01-23Set/Reset Deadlines: A proposed briefing schedule and Defendant's in camera submission shall be filed on or before 1/27/2017. (nbn) (Entered: 01/23/2017)
2017-01-2731NOTICE of Delivery to Chambers of Copies of the Trustee's Performance Reviews for Its In Camera Review by UNITED STATES TRUSTEE PROGRAM (Haynes, Fred) (Entered: 01/27/2017)
2017-01-2732PROPOSED BRIEFING SCHEDULE by UNITED STATES TRUSTEE PROGRAM. (Haynes, Fred) (Entered: 01/27/2017)
2017-01-30MINUTE ORDER: Per 32 the Parties' proposed briefing schedule, the Court ORDERS that Defendant shall file its supplemental motion for summary judgment on or before April 27, 2017; Plaintiff shall file his opposition to Defendant's supplemental motion by May 30, 2017; and Defendant shall file its reply memorandum on or before June 12, 2017. Signed by Judge James E. Boasberg on 1/30/2017. (lcjeb3) (Entered: 01/30/2017)
2017-01-30Set/Reset Deadlines: Summary Judgment motions due by 4/27/2017. Response to Motion for Summary Judgment due by 5/30/2017. Reply to Motion for Summary Judgment due by 6/12/2017. (nbn) (Entered: 01/30/2017)
2017-02-0133NOTICE of Filing of an Exhibit that Correlates the Three Trustee Performance Reviews Filed In Camera with Their Vaughn Index Entries by UNITED STATES TRUSTEE PROGRAM (Attachments: # 1 Exhibit A - Correlation of the Trustee Performance Reviews with the Relevant Vaughn Indices)(Haynes, Fred) (Entered: 02/01/2017)
2017-02-0834ORDER DIRECTING further briefing. The Court ORDERS that the parties shall include in their briefing (set by Minute Order of January 30, 2017) a discussion of the private and public interests implicated by the three performance evaluations produced for in camera review. Signed by Judge James E. Boasberg on 2/8/2017. (lcjeb1) (Entered: 02/08/2017)
2017-04-2335Consent MOTION for Extension of Time to File Defendant's Renewed Motion for Summary Judgment by UNITED STATES TRUSTEE PROGRAM (Haynes, Fred) (Entered: 04/23/2017)
2017-04-24MINUTE ORDER granting 35 Consent Motion for Extension of Time to File. The Court ORDERS that Defendant shall file its renewed motion for summary judgment by May 15, 2017. Signed by Judge James E. Boasberg on 4/24/2017. (lcjeb3) (Entered: 04/24/2017)
2017-04-24Set/Reset Deadlines: Renewed motion for summary judgment due by 5/15/2017. (nbn) (Entered: 04/24/2017)
2017-04-2736Consent MOTION for Extension of Time to File By Plaintiff His Response to Defendant's Renewed Motion for Summary Judgment by UNITED STATES TRUSTEE PROGRAM (Haynes, Fred) (Entered: 04/27/2017)
2017-04-27MINUTE ORDER granting 36 Consent Motion for Extension of Time to File. The Court ORDERS that Plaintiff shall file his response to Defendant's renewed motion for summary judgment by June 19, 2017. Signed by Judge James E. Boasberg on 4/27/2017. (lcjeb3) (Entered: 04/27/2017)
2017-04-27Set/Reset Deadlines: Response due by 6/19/2017. (nbn) (Entered: 04/28/2017)
2017-05-1537NOTICE of Appearance by Marina Utgoff Braswell on behalf of UNITED STATES TRUSTEE PROGRAM (Braswell, Marina) (Entered: 05/15/2017)
2017-05-1538MOTION for Summary Judgment by UNITED STATES TRUSTEE PROGRAM (Attachments: # 1 Bridenhagen Declaration, # 2 Bridenhagen Declaration Exhibits 1-6)(Braswell, Marina) (Entered: 05/15/2017)
2017-06-1939RESPONSE TO ORDER OF THE COURT re 34 Order,, Memorandum & Opinion,, ORDER directing the plaintiff to provide the full address of defendant(s), 29 Memorandum & Opinion, 28 Order on Motion for Summary Judgment,,, filed by ALLEN L. WISDOM. (td) (Entered: 06/23/2017)
2017-06-2640Partial Consent MOTION for Extension of Time to File Defendant's Reply Memorandum in Support of Its Renewed Motion for Summary Judgment (on partial consent) by UNITED STATES TRUSTEE PROGRAM (Haynes, Fred) Modified text on 6/27/2017 (td). (Entered: 06/26/2017)
2017-06-27MINUTE ORDER granting 40 Motion for Extension of Time to File. The Court ORDERS that Defendant shall file its Reply in support of its renewed Motion for Summary Judgment by July 18, 2017. Signed by Judge James E. Boasberg on 6/27/2017. (lcjeb3) (Entered: 06/27/2017)
2017-07-1841REPLY to opposition to motion re 38 MOTION for Summary Judgment filed by UNITED STATES TRUSTEE PROGRAM. (Haynes, Fred) (Entered: 07/18/2017)
2017-07-2842NOTICE of Filing of the Complete Supplemental FOIA Release by UNITED STATES TRUSTEE PROGRAM (Attachments: # 1 Exhibit A - Supplemental FOIA Release)(Haynes, Fred) (Entered: 07/28/2017)
2017-07-3043ERRATA to Certificate of Service by UNITED STATES TRUSTEE PROGRAM 42 Notice (Other) filed by UNITED STATES TRUSTEE PROGRAM. (Haynes, Fred) (Entered: 07/30/2017)
2017-08-0444NOTICE OF WITHDRAWAL OF APPEARANCE as to UNITED STATES TRUSTEE PROGRAM. Attorney Marina Utgoff Braswell terminated. (Braswell, Marina) (Entered: 08/04/2017)
2017-09-0145MEMORANDUM AND OPINION re 38 Motion for Summary Judgment. Signed by Judge James E. Boasberg on 9/1/17. (lcjeb1) (Entered: 09/01/2017)
2017-09-0146ORDER granting Defendant's 38 Motion for Summary Judgment. Signed by Judge James E. Boasberg on 9/1/17. (lcjeb1) (Entered: 09/01/2017)
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