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Case TitleCOLE v. MAY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv01991
Date Filed2015-11-12
Date ClosedOpen
JudgeJudge Emmet G. Sullivan
PlaintiffDAVID COLE
Case DescriptionDavid Cole submitted a FOIA request to the Federal Emergency Management Agency for records concerning the investigation of the collapse of the World Trade Center buildings on Sept. 11, 2001. Cole submitted a second request to FEMA which was transferred to the National Institutes for Standards and Technology. After both agencies failed to respond to the requests, Cole filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantWILLIE E. MAY in his official capacity as Director of NIST
DefendantWILLIE E. MAY in his official capacity as Director of NIST
TERMINATED: 01/07/2022
DefendantNATIONAL INSTITUTES FOR STANDARDS AND TECHNOLOGY
DefendantWILLIAM CRAIG FUGATE in his official capacity as Director of FEMA
DefendantFEMA EMERGENCY MANAGEMENT AGENCY
DefendantWALTER G. COPAN in his official capacity as Director of NIST
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Opinion/Order [19]
FOIA Project Annotation: Judge Emmet Sullivan has ruled that David Cole is not entitled to discovery concerning why the Federal Emergency Management Agency first told him it had archival records concerning the collapse of the World Trade Center buildings on September 11, 2001 then later told him it had located no archival records, at least until FEMA submits its own summary judgment motion which may provide a sufficient explanation. Cole requested records from FEMA in 2011. He was told that FEMA had found no records, but that the National Institute for Standards and Technology had 3,789 pages of records releasable in full or in part. Later, FEMA told Cole it had 490,000 pages in storage at the National Archives. In 2016, FEMA produced some documents and after reviewing them, Cole asked for drawings referenced in the materials but not provided. At that point, FEMA said it had not been able to locate any archival records but would search Region 2's off-site archives. Six weeks later, in what was termed its final response, FEMA told Cole that there was no Region 2 archive and that responsive records had not been sent to NARA. Cole asked Sullivan to grant limited discovery as to the existence or non-existence of the records. Sullivan indicated that he was "troubled by the government's inconsistent, even contradictory, responses to Mr. Cole's inquiries regarding his FOIA requests. For example, FEMA initially represented that it had located 490,000 pages of potentially responsive records in storage at NARA. Later, FEMA also represented that potentially responsive records may be located in regional offsite archives. But in its final response, FEMA stated that no such archive existed and that it had been unable to find any additional responsive documents. In this correspondence, FEMA nowhere provided a clear explanation as to its changing position regarding the availability of additional records." But rather than grant Cole's discovery request, Sullivan noted that "discovery is premature at this juncture" because "the government has not yet moved for summary judgment " and therefore has not submitted documents setting forth details related to its search for documents responsive to Mr. Cole's request " the Court does not have sufficient information to determine whether a genuine factual dispute exists or whether Mr. Cole requires additional facts essential to oppose the government's motion. Therefore, the Court cannot determine at this time whether discovery is warranted and, if it is, how it should be limited in scope." He pointed out that after the agency submitted its summary judgment motion, "if Mr. Cole believes that FEMA's declarations are insufficient to show that its search was adequate, he may oppose the government's motion for summary judgment on that ground. If the Court agrees with Mr. Cole, it may reconsider Mr. Cole's request for discovery at the summary-judgment stage."
Issues: Litigation - Discovery
Opinion/Order [48]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-11-121COMPLAINT FOR INJUNCTIVE RELIEF against FEMA EMERGENCY MANAGEMENT AGENCY, WILLIAM CRAIG FUGATE, Willie E. May, National Institutes for Standards and Technology ( Filing fee $ 400 receipt number 0090-4313946) filed by David Cole. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(Colapinto, David) (Entered: 11/12/2015)
2015-11-12Case Assigned to Judge Emmet G. Sullivan. (sth) (Entered: 11/13/2015)
2015-11-132SUMMONS(4) Issued Electronically as to FEMA EMERGENCY MANAGEMENT AGENCY, WILLIAM CRAIG FUGATE, WILLIE E. MAY, NATIONAL INSTITUTES FOR STANDARDS AND TECHNOLOGY. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(sth) (Entered: 11/13/2015)
2015-11-133MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Mick G. Harrison, :Address- 520 S. Walnut Street, #1147, Bloomington, IN 4702. Phone No. - 812-361-6220. Fax No. - 812-650-4374 Filing fee $ 100, receipt number 0090-4314853. Fee Status: Fee Paid. by DAVID COLE (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Colapinto, David) (Entered: 11/13/2015)
2015-11-20MINUTE ORDER granting 3 Motion for Admission Pro Hac Vice of attorney Mick G. Harrison. Mick G. Harrison is hereby admitted pro hac vice in this action. Signed by Judge Emmet G. Sullivan on November 20, 2015. (lcegs1) (Entered: 11/20/2015)
2016-02-224NOTICE of Appearance by Jason Todd Cohen on behalf of All Defendants (Cohen, Jason) (Entered: 02/22/2016)
2016-03-025First MOTION for Extension of Time to File Answer re 1 Complaint, by FEMA EMERGENCY MANAGEMENT AGENCY, WILLIAM CRAIG FUGATE, WILLIE E. MAY, NATIONAL INSTITUTES FOR STANDARDS AND TECHNOLOGY (Attachments: # 1 Proposed Order)(Cohen, Jason) (Entered: 03/02/2016)
2016-03-086RESPONSE re 5 First MOTION for Extension of Time to File Answer re 1 Complaint, Consenting to Motion filed by DAVID COLE. (Harrison, Mick) (Entered: 03/08/2016)
2016-03-09MINUTE ORDER. In view of 6 plaintiff's consent to 5 defendants' motion for extension of time to answer or otherwise respond to the complaint, defendants shall answer or otherwise respond to the complaint by no later than April 8, 2016. Signed by Judge Emmet G. Sullivan on March 9, 2016. (lcegs1) (Entered: 03/09/2016)
2016-03-10Set/Reset Deadlines: Defendants Answer due by 4/8/2016. (mac) (Entered: 03/10/2016)
2016-04-087ANSWER to Complaint by FEMA EMERGENCY MANAGEMENT AGENCY, WILLIAM CRAIG FUGATE, WILLIE E. MAY, NATIONAL INSTITUTES FOR STANDARDS AND TECHNOLOGY.(Cohen, Jason) (Entered: 04/08/2016)
2016-04-088Joint STATUS REPORT by FEMA EMERGENCY MANAGEMENT AGENCY, WILLIAM CRAIG FUGATE, WILLIE E. MAY, NATIONAL INSTITUTES FOR STANDARDS AND TECHNOLOGY. (Cohen, Jason) (Entered: 04/08/2016)
2016-04-11MINUTE ORDER. In view of 8 joint status report, the parties are directed to file a status report by no later than June 8, 2016 to update the Court on the progress of the case and make any recommendations for further proceedings. Signed by Judge Emmet G. Sullivan on 4/11/2016. (lcegs1) (Entered: 04/11/2016)
2016-04-12Set/Reset Deadlines: Status Report due by 6/8/2016. (mac) (Entered: 04/12/2016)
2016-06-079Joint STATUS REPORT by DAVID COLE. (Harrison, Mick) (Entered: 06/07/2016)
2016-06-08MINUTE ORDER. In view of 9 joint status report, the parties are directed to file a status report by no later than July 22, 2016 to update the Court on the progress of the case and make any recommendations for further proceedings. Signed by Judge Emmet G. Sullivan on 6/8/2016. (lcegs1) (Entered: 06/08/2016)
2016-06-09Set/Reset Deadlines: Status Report due by 7/22/2016. (mac) (Entered: 06/09/2016)
2016-07-2210Joint STATUS REPORT (Third) by FEMA EMERGENCY MANAGEMENT AGENCY, WILLIAM CRAIG FUGATE, WILLIE E. MAY, NATIONAL INSTITUTES FOR STANDARDS AND TECHNOLOGY. (Cohen, Jason) (Entered: 07/22/2016)
2016-08-09MINUTE ORDER. In view of 10 joint status report, it is HEREBY ORDERED that: (1) defendants shall provide Mr. Cole with a detailed Vaughn Index and a complete response to Mr. Cole's June 7, 2016 e-mail by no later than August 23, 2016; and (2) the parties shall file a joint status report by no later than September 12, 2016. Signed by Judge Emmet G. Sullivan on 8/9/2016. (lcegs1) (Entered: 08/09/2016)
2016-08-10Set/Reset Deadlines: Joint Status Report due by 9/12/2016. (mac) (Entered: 08/10/2016)
2016-09-1211STATUS REPORT of Plaintiff by DAVID COLE. (Harrison, Mick) (Entered: 09/12/2016)
2016-10-0412Supplemental STATUS REPORT by DAVID COLE. (Harrison, Mick) (Entered: 10/04/2016)
2016-10-06MINUTE ORDER. In view of 12 the status report, plaintiff shall inform defendants of any remaining concerns regarding defendants' production by no later than October 11, 2016. Defendants shall provide their response to plaintiff's proposal by November 22, 2016. The parties are directed to file another status report by no later than December 2, 2016, noting whether they believe additional proceedings are necessary. Signed by Judge Emmet G. Sullivan on 10/6/16. (lcegs4) (Entered: 10/06/2016)
2016-10-06Set/Reset Deadlines: Defendants Response to Plaintiff's Proposal due by 11/22/2016. Status Report due by 12/2/2016. (mac) (Entered: 10/06/2016)
2016-10-06Set/Reset Deadlines: Status Report due by 11/3/2016. (mac) (Entered: 10/06/2016)
2016-12-0213Joint STATUS REPORT by DAVID COLE. (Harrison, Mick) (Entered: 12/02/2016)
2016-12-14MINUTE ORDER. In view of 13 the joint status report, the Court will hold a status hearing in this case on January 25, 2017 at 10:30 a.m. in Courtroom 24A. Signed by Judge Emmet G. Sullivan on 12/14/2016. (lcegs4) (Entered: 12/14/2016)
2016-12-14Set/Reset Hearings: Status Conference set for 1/25/2017 at 10:30 AM in Courtroom 24A before Judge Emmet G. Sullivan. (mac) (Entered: 12/14/2016)
2017-01-1114Unopposed MOTION to Continue Status Hearing by DAVID COLE (Harrison, Mick) (Entered: 01/11/2017)
2017-01-11MINUTE ORDER granting 14 unopposed motion for continuance. The status hearing scheduled for January 25, 2017 is hereby vacated and rescheduled for February 15, 2017 at 1:30 p.m. in Courtroom 24A. Signed by Judge Emmet G. Sullivan on 1/11/2017. (lcegs4) (Entered: 01/11/2017)
2017-01-12Set/Reset Hearings: Status Conference set for 2/15/2017 at 1:30 PM in Courtroom 24A before Judge Emmet G. Sullivan. (mac) (Entered: 01/12/2017)
2017-02-15MINUTE ORDER. In view of the call placed by government counsel to Chambers yesterday, the party seeking to attend today's status hearing by phone shall contact Courtroom Deputy Mark Coates at (202) 354-3364. Signed by Judge Emmet G. Sullivan on 2/15/2017.(lcegs4). (Entered: 02/15/2017)
2017-02-15Minute Entry for proceedings held before Judge Emmet G. Sullivan: Status Conference held on 2/15/2017. The Plaintiff Will File A Motion For Limited Discovery. (Court Reporter JANICE DICKMAN.) (mac) (Entered: 02/15/2017)
2017-03-2715MOTION for Discovery by DAVID COLE (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit 1 June 7 2016 Plaintiff Letter to Defendants, # 4 Exhibit 1a Excerpt from FEMA BPS Appendix D, # 5 Exhibit 1b FEMA Records Inventory sent to NIST in 2002, # 6 Exhibit 1c Silverstein Letter to Gilsanz referencing drawings, # 7 Exhibit 2 Defendants August 23 2016 Letter to Plaintiff, # 8 Exhibit 3 Plaintiff October 11, 2016 Letter to Defendants, # 9 Exhibit 4 Defendants November 22, 2016 Letter to Plaintiffs, # 10 Affidavit of Plaintiff Cole Exhibit 5, # 11 Exhibit 6 FEMA December 23 2011 FOIA Response Letter, # 12 Exhibit 7 FEMA NIST June 29 2012 Letter noting most records are releasable, # 13 Exhibit 8 FEMA August 30 2012 Response to Cole Questions, # 14 Exhibit 9 FEMA May 26 2011 FOIA Request Acknowledgement Letter)(Harrison, Mick) (Entered: 03/27/2017)
2017-04-19MINUTE ORDER directing defendants to respond to 15 plaintiff's motion for discovery by no later than April 21, 2017. If defendants do not respond by that date, the Court may treat the motion as conceded. See Local Civil Rule 7(b) ("Within 14 days of the date of service or at such other time as the Court may direct, an opposing party shall serve and file a memorandum of points and authorities in opposition to the motion. If such a memorandum is not filed within the prescribed time, the Court may treat the motion as conceded."). Signed by Judge Emmet G. Sullivan on 4/19/2017. (lcegs2) (Entered: 04/19/2017)
2017-04-2116Memorandum in opposition to re 15 MOTION for Discovery filed by FEMA EMERGENCY MANAGEMENT AGENCY, WILLIAM CRAIG FUGATE, WILLIE E. MAY, NATIONAL INSTITUTES FOR STANDARDS AND TECHNOLOGY. (Cohen, Jason) (Entered: 04/21/2017)
2017-04-2817REPLY to opposition to motion re 15 MOTION for Discovery filed by DAVID COLE. (Attachments: # 1 Exhibit A, FEMA Inventory of Records Transferred to NARA)(Harrison, Mick) (Entered: 04/28/2017)
2017-07-2818STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 7/28/2017. (Attachments: # 1 Exhibit) (lcegs1) (Entered: 07/28/2017)
2018-01-0319MEMORANDUM OPINION AND ORDER denying 15 plaintiff's motion for discovery and directing the parties to submit a joint status report by no later than January 22, 2018. Please see document for further details. Signed by Judge Emmet G. Sullivan on January 3, 2018. (lcegs2) (Entered: 01/03/2018)
2018-01-03Set/Reset Deadlines: Joint Status Report due by 1/22/2018. (mac) (Entered: 01/03/2018)
2018-01-1920Joint STATUS REPORT by FEMA EMERGENCY MANAGEMENT AGENCY, WILLIAM CRAIG FUGATE, WILLIE E. MAY, NATIONAL INSTITUTES FOR STANDARDS AND TECHNOLOGY. (Cohen, Jason) (Entered: 01/19/2018)
2018-01-22MINUTE ORDER. In view of 20 the parties' joint status report, the parties are directed to comply with the following briefing schedule: defendants' motion for summary judgment shall be filed by no later than March 23, 2018; plaintiff's opposition, which shall be combined with plaintiff's cross-motion for summary judgment, shall be filed by no later than May 7, 2018; defendants' reply, combined with defendants' opposition to the cross-motion, shall be filed by no later than June 6, 2018; and plaintiff's reply in support of his cross-motion shall be filed by no later than July 6, 2018. Signed by Judge Emmet G. Sullivan on January 22, 2018. (lcegs2) (Entered: 01/22/2018)
2018-01-23Set/Reset Deadlines: Defendants' Motion For Summary Judgment due by 3/23/2018. Plaintiff's Opposition, Which Shall Be Combined With Plaintiff's Cross-Motion For Summary Judgment due by 5/7/2018. Defendants' Reply, Combined With Defendants' Opposition To The Cross-Motion due by 6/6/2018. Plaintiff's Reply In Support Of Cross-Motion due by 7/6/2018. (mac) (Entered: 01/23/2018)
2018-03-2221Unopposed MOTION for Extension of Time to File Defendants' Motion for Summary Judgment by FEMA EMERGENCY MANAGEMENT AGENCY, WILLIAM CRAIG FUGATE, WILLIE E. MAY, NATIONAL INSTITUTES FOR STANDARDS AND TECHNOLOGY (Attachments: # 1 Text of Proposed Order)(Cohen, Jason) (Entered: 03/22/2018)
2018-03-2622MINUTE ORDER granting 21 defendants' unopposed motion for an extension of time. The parties are directed to comply with the following briefing schedule: defendants' motion for summary judgment shall be filed by no later than April 5, 2018; plaintiff's opposition, which shall be combined with plaintiff's cross-motion for summary judgment, shall be filed by no later than May 21, 2018; defendants' reply, combined with defendants' opposition to the cross-motion, shall be filed by no later than June 20, 2018; and plaintiff's reply in support of his cross-motion shall be filed by no later than July 20, 2018. Signed by Judge Emmet G. Sullivan on March 26, 2018.(lcegs2) (Entered: 03/26/2018)
2018-03-26Set/Reset Deadlines: Defendants Motion For Summary Judgment due by 4/5/2018. Plaintiff's Opposition, Which Shall Be Combined With Plaintiff's Cross-Motion For Summary Judgment due by 5/21/2018. Defendants' Reply, Combined With Defendants' Opposition To The Cross-Motion due by 6/20/2018. Plaintiff's Reply In Support Of Its Cross-Motion due by 7/20/2018. (mac) (Entered: 03/26/2018)
2018-04-0523MOTION for Summary Judgment by FEMA EMERGENCY MANAGEMENT AGENCY, WILLIAM CRAIG FUGATE, WILLIE E. MAY, NATIONAL INSTITUTES FOR STANDARDS AND TECHNOLOGY (Attachments: # 1 Statement of Material Facts Not In Dispute, # 2 Declaration of Eric Neuschaefer with Exhibits, # 3 Declaration of Catherine S. Fletcher with Attachments, # 4 Apr & Sept 2016 Correspondence to Plaintiff, # 5 Text of Proposed Order)(Cohen, Jason) (Entered: 04/05/2018)
2018-05-2024Unopposed MOTION for Extension of Time to File Plaintiff's Cross Motion for Summary Judgment, Response in Opposition, and Rule 56(d) Motion by DAVID COLE (Attachments: # 1 Text of Proposed Order)(Harrison, Mick) (Entered: 05/20/2018)
2018-05-25MINUTE ORDER granting 24 plaintiff's unopposed motion for an extension of time. The parties are directed to comply with the following briefing schedule: plaintiff's opposition, which shall be combined with plaintiff's cross-motion for summary judgment and any Rule 56(d) motion, shall be filed by no later than June 4, 2018; defendants' reply, combined with defendants' opposition to the cross-motion and Rule 56(d) motion, shall be filed by no later than July 11, 2018; and plaintiff's reply in support of his cross-motion and Rule 56(d) shall be filed by no later than August 10, 2018. Signed by Judge Emmet G. Sullivan on May 25, 2018. (lcegs2) (Entered: 05/25/2018)
2018-05-27Set/Reset Deadlines: Plaintiff's Opposition to Defendant's Motion for Summary Judgment, which shall be combined with Plaintiff's Cross-Motion for Summary Judgment and any Rule 56(d) Motion, shall be filed by 6/4/2018; Defendants' Reply in support of its Motion for Summary Judgment, combined with its Opposition to Plaintiff's Cross-Motion for Summary Judgment and any Rule 56(d) Motion, is due by 7/11/2018; Plaintiff's Reply in support of his Cross-Motion for Summary Judgment and any Rule 56(d) Motion is due by 8/10/2018. (jth) (Entered: 05/27/2018)
2018-06-0425Memorandum in opposition to re 23 MOTION for Summary Judgment filed by DAVID COLE. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order, # 3 Exhibit 1, # 4 Exhibit 1a, # 5 Exhibit 1b, # 6 Exhibit 1c, # 7 Exhibit 2, # 8 Exhibit 3, # 9 Exhibit 4, # 10 Exhibit 5 Plaintiff Declaration, # 11 Exhibit 6, # 12 Exhibit 7, # 13 Exhibit 8, # 14 Exhibit 9)(Harrison, Mick) (Entered: 06/04/2018)
2018-06-0426MOTION for Summary Judgment by DAVID COLE (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Statement of Facts, # 4 Exhibit 1, # 5 Exhibit 1a, # 6 Exhibit 1b, # 7 Exhibit 1c, # 8 Exhibit 2, # 9 Exhibit 3, # 10 Exhibit 4, # 11 Exhibit 5 Declaration of Plaintiff, # 12 Exhibit 6, # 13 Exhibit 7, # 14 Exhibit 8, # 15 Exhibit 9)(Harrison, Mick) (Entered: 06/04/2018)
2018-06-0427MOTION for Discovery Rule 56d discovery by DAVID COLE (Attachments: # 1 Declaration of Counsel, # 2 Memorandum in Support, # 3 Text of Proposed Order, # 4 Exhibit 1, # 5 Exhibit 1a, # 6 Exhibit 1b, # 7 Exhibit 1c, # 8 Exhibit 2, # 9 Exhibit 3, # 10 Exhibit 4, # 11 Declaration of Plaintiff, # 12 Exhibit 6, # 13 Exhibit 7, # 14 Exhibit 8, # 15 Exhibit 9)(Harrison, Mick) Modified event title on 6/7/2018 (znmw). (Entered: 06/04/2018)
2018-06-1328ERRATA Corrected Format combining motions and opposition and adding TOC, TOA, and Exhibits Index by DAVID COLE 25 Memorandum in Opposition, filed by DAVID COLE. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1, # 3 Exhibit 1a, # 4 Exhibit 1b, # 5 Exhibit 1c, # 6 Exhibit 2, # 7 Exhibit 3, # 8 Exhibit 4, # 9 Declaration of Plaintiff Exhibit 5, # 10 Exhibit 6, # 11 Exhibit 7, # 12 Exhibit 8, # 13 Exhibit 9)(Harrison, Mick) (Entered: 06/13/2018)
2018-06-1329ERRATA Corrected Format combining motions and opposition and adding TOC, TOA, and Exhibits Index by DAVID COLE 27 MOTION Rule 56d discovery filed by DAVID COLE. (Attachments: # 1 Text of Proposed Order, # 2 Declaration of Counsel, # 3 Exhibit 1, # 4 Exhibit 1a, # 5 Exhibit 1b, # 6 Exhibit 1c, # 7 Exhibit 2, # 8 Exhibit 3, # 9 Exhibit 4, # 10 Declaration of Plaintiff Exhibit 5, # 11 Exhibit 6, # 12 Exhibit 7, # 13 Exhibit 8, # 14 Exhibit 9)(Harrison, Mick) (Entered: 06/13/2018)
2018-06-1330ERRATA Corrected Format combining motions and opposition and adding TOC, TOA, and Exhibits Index by DAVID COLE 26 MOTION for Summary Judgment filed by DAVID COLE. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1, # 3 Exhibit 1a, # 4 Exhibit 1b, # 5 Exhibit 1c, # 6 Exhibit 2, # 7 Exhibit 3, # 8 Exhibit 4, # 9 Declaration of Plaintiff Exhibit 5, # 10 Exhibit 6, # 11 Exhibit 7, # 12 Exhibit 8, # 13 Exhibit 9)(Harrison, Mick) (Entered: 06/13/2018)
2018-07-0931Unopposed MOTION for Extension of Time to File Response/Reply as to 26 MOTION for Summary Judgment , 27 MOTION Rule 56d discovery , 23 MOTION for Summary Judgment by FEMA EMERGENCY MANAGEMENT AGENCY, WILLIAM CRAIG FUGATE, WILLIE E. MAY, NATIONAL INSTITUTES FOR STANDARDS AND TECHNOLOGY (Attachments: # 1 Text of Proposed Order)(Cohen, Jason) (Entered: 07/09/2018)
2018-07-12MINUTE ORDER granting 31 unopposed motion for extension of time. Defendants shall file their reply in support of the motion for summary judgment and their opposition to plaintiff's cross-motion for summary judgment and Rule 56(d) motion by July 25, 2018; and plaintiff shall file his reply by August 24, 2018. Signed by Judge Emmet G. Sullivan on 7/12/2018. (lcegs1) (Entered: 07/12/2018)
2018-07-12Set/Reset Deadlines: Defendants Reply In Support Of The Motion For Summary Judgment And Their Opposition To Plaintiff's Cross-Motion For Summary Judgment And Rule 56(d) Motion due by 7/25/2018. Plaintiff Reply due by 8/24/2018. (mac) (Entered: 07/12/2018)
2018-07-2532REPLY to opposition to motion re 23 MOTION for Summary Judgment filed by FEMA EMERGENCY MANAGEMENT AGENCY, WILLIAM CRAIG FUGATE, WILLIE E. MAY, NATIONAL INSTITUTES FOR STANDARDS AND TECHNOLOGY. (Attachments: # 1 Response to Plaintiff's "Statement of Undisputed Facts")(Cohen, Jason) (Entered: 07/25/2018)
2018-07-2533Memorandum in opposition to re 26 MOTION for Summary Judgment (duplicate filing of ECF No. 32) filed by FEMA EMERGENCY MANAGEMENT AGENCY, WILLIAM CRAIG FUGATE, WILLIE E. MAY, NATIONAL INSTITUTES FOR STANDARDS AND TECHNOLOGY. (Attachments: # 1 Response to Plaintiff's "Statement of Undisputed Facts")(Cohen, Jason) (Entered: 07/25/2018)
2018-07-2534Memorandum in opposition to re 27 MOTION Rule 56d discovery (duplicate filing of ECF No. 32) filed by FEMA EMERGENCY MANAGEMENT AGENCY, WILLIAM CRAIG FUGATE, WILLIE E. MAY, NATIONAL INSTITUTES FOR STANDARDS AND TECHNOLOGY. (Attachments: # 1 Response to Plaintiff's "Statement of Undisputed Facts")(Cohen, Jason) (Entered: 07/25/2018)
2018-08-2435REPLY to opposition to motion re 26 MOTION for Summary Judgment , 27 MOTION Rule 56d discovery filed by DAVID COLE. (Harrison, Mick) (Entered: 08/24/2018)
2019-01-07MINUTE ORDER REFERRING CASE to a Magistrate Judge for full case management, up to but excluding trial pursuant to Local Civil Rule 72.2. This includes, with respect to pending potentially dispositive motions, the preparation of a report and recommendation pursuant to Local Civil Rule 72.3. The parties are reminded, that pursuant to Local Civil Rule 73.1, the parties may consent to the assignment of this action to a magistrate judge for all purposes, including trial. Consent of the district court judge is not necessary. Signed by Judge Emmet G. Sullivan on 1/7/2019. (lcegs1) (Entered: 01/07/2019)
2019-01-07MINUTE ORDER STAYING CASE. In view of the referral of this case to a Magistrate Judge for full case management, proceedings before Judge Emmet G. Sullivan are hereby STAYED. Signed by Judge Emmet G. Sullivan on 1/7/2019. (lcegs1) (Entered: 01/07/2019)
2019-01-07CASE RANDOMLY REFERRED to Magistrate Judge Robin M. Meriweather for full case management, up to but excluding trial. (zad) (Entered: 01/08/2019)
2019-01-0936CASE RANDOMLY REFERRED to Magistrate Judge G. Michael Harvey for full case management, up to but excluding trial; case is no longer referred to Magistrate Judge Robin M. Meriweather. (ztnr) (Entered: 01/09/2019)
2020-03-0937REPORT AND RECOMMENDATION re 26 MOTION for Summary Judgment filed by DAVID COLE, 27 MOTION Rule 56d discovery filed by DAVID COLE, 23 MOTION for Summary Judgment filed by NATIONAL INSTITUTES FOR STANDARDS AND TECHNOLOGY, WILLIAM CRAIG FUGATE, WILLIE E. MAY, FEMA EMERGENCY MANAGEMENT AGENCY. Signed by Magistrate Judge G. Michael Harvey on 3/9/2020. (lckt) (Entered: 03/09/2020)
2020-03-1038NOTICE OF SUBSTITUTION OF COUNSEL by Sean Michael Tepe on behalf of All Defendants Substituting for attorney Jason Cohen (Tepe, Sean) (Entered: 03/10/2020)
2020-03-1639MOTION for Extension of Time to Object to Report and Recommendation by FEMA EMERGENCY MANAGEMENT AGENCY, NATIONAL INSTITUTES FOR STANDARDS AND TECHNOLOGY (Tepe, Sean) (Entered: 03/16/2020)
2020-03-17MINUTE ORDER granting 39 MOTION for Extension of Time to Object to Report and Recommendation. In light of the current national emergency, Defendant shall file any objections to the Report and Recommendation by no later than June 17, 2020. Signed by Judge Emmet G. Sullivan on 3/17/2020. (lcegs2) (Entered: 03/17/2020)
2020-03-18Set/Reset Deadlines: Defendant Objections to Report And Recommendation due by 6/17/2020. (mac) (Entered: 03/18/2020)
2020-03-2340Unopposed MOTION for Extension of Time to File Objections to Report and Recommendation by DAVID COLE (Attachments: # 1 Text of Proposed Order)(Harrison, Mick) (Entered: 03/23/2020)
2020-03-2341ENTERED IN ERROR.....OBJECTION to 37 Report and Recommendations filed in the alternative to motion for extension of time filed by DAVID COLE. (Harrison, Mick) Modified on 3/24/2020 (zjf). (Entered: 03/23/2020)
2020-03-24NOTICE OF ERROR re 41 Objection to Report and Recommendations; emailed to mickharrisonesq@gmail.com, cc'd 5 associated attorneys -- The PDF file you docketed contained errors: 1. FYI - For Future Filings; Do not file document until Motion has been ruled upon (zjf, ) (Entered: 03/24/2020)
2020-03-24NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 41 Objection to Report and Recommendations was entered in error and counsel was instructed to refile said pleading. Document was a duplicate filing re 40 Unopposed MOTION for Extension of Time to File Objections to Report and Recommendation (jf) (Entered: 03/24/2020)
2020-03-26MINUTE ORDER granting 40 Unopposed MOTION for Extension of Time to File Objections to Report and Recommendation. In light of the current national emergency, Plaintiff shall file any objections to the Report and Recommendation by no later than June 17, 2020. Signed by Judge Emmet G. Sullivan on 3/26/2020. (lcegs2) (Entered: 03/26/2020)
2020-03-26Set/Reset Deadlines: Plaintiff Objections to R&R due by 6/17/2020. (mac) (Entered: 03/26/2020)
2020-06-1742ENTERED IN ERROR.....NOTICE of Objection to Magistrate Judge's Report and Recommendation by DAVID COLE re 37 Report and Recommendation, (Harrison, Mick) Modified on 6/17/2020 (zjf). (Entered: 06/17/2020)
2020-06-17NOTICE OF ERROR re 42 Notice (Other); emailed to mickharrisonesq@gmail.com, cc'd 5 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect event used, 2. Please refile document, 3. using the Oppositions/Replies event a (Entered: 06/17/2020)
2020-06-17NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 42 NOTICE of Objection to Magistrate Judge's Report and Recommendation was entered in error and counsel was instructed to refile said pleading using the correct category. (zjf) (Entered: 06/17/2020)
2020-06-1743OBJECTION to 37 Report and Recommendations filed by FEMA EMERGENCY MANAGEMENT AGENCY, NATIONAL INSTITUTES FOR STANDARDS AND TECHNOLOGY. (Tepe, Sean) (Entered: 06/17/2020)
2020-06-1744OBJECTION to 37 Report and Recommendations of Magistrate Judge filed by DAVID COLE. (Harrison, Mick) (Entered: 06/17/2020)
2020-07-0145RESPONSE to Defendants' 43 Objections to Magistrate Judge's Report and Recommendation filed by DAVID COLE. (Harrison, Mick) (Entered: 07/01/2020)
2020-07-0846REPLY In Support of 43 Defendants' Objections to Report and Recommendations filed by FEMA EMERGENCY MANAGEMENT AGENCY, NATIONAL INSTITUTES FOR STANDARDS AND TECHNOLOGY. (Tepe, Sean) (Entered: 07/08/2020)
2021-12-2147ORDER denying 23 Motion for Summary Judgment; denying in part 30 Combined Motion for Summary Judgment as Premature and granting in part 30 Combined Motion for Limited Discovery. Signed by Judge Emmet G. Sullivan on 12/21/2021. (lcegs1) (Entered: 12/21/2021)
2021-12-2148MEMORANDUM OPINION. Signed by Judge Emmet G. Sullivan on 12/21/2021. (lcegs1) (Entered: 12/21/2021)
2021-12-21ENTERED IN ERROR.....MINUTE ORDER. In view of 13 Joint Status Report, this case shall remain STAYED. If the parties have not already filed a stipulation of dismissal, they shall file another joint status report by no later than February 18, 2022, with recommendations for further proceedings. In the event that counsel are unable to agree on a joint recommendation, each party shall file an individual recommendation by that time. Signed by Judge Emmet G. Sullivan on 12/21/2021. (lcegs1) (Entered: 12/21/2021)
2021-12-23MINUTE ORDER. In view of 30 Plaintiff's Combined Motion, the Court finds as moot 27 Motion for Discovery. Signed by Judge Emmet G. Sullivan on 12/23/2021. (lcegs1) (Entered: 12/23/2021)
2021-12-23MINUTE ORDER. In view of 48 Memorandum Opinion granting Plaintiff's Motion for Limited Discovery, the stay in this case is hereby LIFTED. Signed by Judge Emmet G. Sullivan on 12/23/2021. (lcegs1) (Entered: 12/23/2021)
2022-01-0749Joint STATUS REPORT by DAVID COLE. (Attachments: # 1 Exhibit 1 for Plaintiff, # 2 Exhibit 2 for Plaintiff, # 3 Exhibit 3 for Plaintiff, # 4 Exhibit 4 for Plaintiff)(Harrison, Mick) (Entered: 01/07/2022)
2022-01-11Minute Entry: Discovery Hearing set for 2/4/2022 at 11:00 AM in Telephonic/VTC before Magistrate Judge G. Michael Harvey. The parties may file a short legal memorandum (no more than five (5) double-spaced pages in length) supporting their discovery requests on or before 1/26/22.(lccm) (Entered: 01/11/2022)
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