Case Detail

FOIA Project Annotation: Judge Randolph Moss has ruled that EOUSA conducted an adequate search for records concerning communications between three Assistant U.S. Attorneys in the Northern District of Mississippi and their legal secretaries that refer to Peter Bernegger or others involved in his prosecution and conviction for mail and bank fraud. Moss also found that, with one exception, the agency had properly redacted identifying information under Exemption 6 (invasion of privacy) and Exemption (C) (invasion of privacy concerning law enforcement records). Moss also rejected Bernegger's claim that the misconduct exception applied to waive the agency's claims under Exemption 5 (privileges) and that the Privacy Act did not provide a right of access to the emails. In response to Bernegger's requests, the agency disclosed 72 pages in full and 88 pages in part and withheld 130 pages in full. Bernegger challenged the search by EOUSA, claiming that a large number of pages were missing. Moss found that Bernegger's claim of missing pages was based solely on the fact that the agency had initially indicated that it had uncovered 1,375 potentially responsive records but failed to account for 540 records in its final response. Noting that the 1,375-page figure was an estimate, Moss dismissed the claim, noting that "an estimate does not create an entitlement to that number of pages of records. EOUSA was required to release or lawfully withhold only those records within the scope of Bernegger's request." Bernegger complained that the agency had improperly narrowed the scope of its search to records pertaining to his criminal case. However, Moss pointed out that "it is clear from the [agency's] declaration that the U.S. Attorney's Office did not narrow its search, as Bernegger contends, to emails between the specified AUSAs and their secretaries or to emails pertaining to Bernegger's criminal case. Rather, as requested, the office searched for any emails that referenced Bernegger's name or the specified criminal case numbers, as well as emails sent to or received by the specified AUSAs and their legal secretaries." Moss found the agency had properly redacted names and identifying information about third parties from the records, questioning only a single instance in which the agency had redacted identifying information from emails exchanged between U.S. Attorney's Office and the U.S. District Court for the Northern District of Mississippi. He told the agency that it either could disclose that information or provide supplemental affidavits supporting its reason for the redactions. Moss rejected Bernegger's claim that the misconduct exception applied to waive the deliberative process privilege. Bernegger also claimed the Privacy Act provided him with a right of access to the emails, arguing that the (j)(2) exception did not apply. Moss found he did not need to address that issue, pointing out instead that "an email database, like that at issue here, does not constitute a 'system of records' and, thus, is not subject to the Privacy Act's disclosure requirement in the first place."
Issues: Adequacy - Search, Exemption 7(C) - Invasion of privacy concerning law enforcement records

Date Filed	Doc #	Docket Text
2017-03-29	1	COMPLAINT against EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS filed by PETER M. BERNEGGER. (Attachments: # 1 Civil Cover Sheet)(zrdj) (Entered: 03/31/2017)
2017-03-29	2	MOTION FOR WAIVER OF FEES by PETER M. BERNEGGER (zrdj) (Entered: 03/31/2017)
2017-03-29	3	MOTION TO HAVE US MARSHAL SERVE SUMMONS AND COMPLAINT by PETER M. BERNEGGER (zrdj) (Entered: 03/31/2017)
2017-03-29	4	ORDER granting 2 Motion for WAIVER OF FEES ; granting 3 Motion TO HAVE US MARSHAL SERVE SUMMONS AND COMPLAINT. Signed by Judge Colleen Kollar-Kotelly on 3/27/2017. (zrdj) (Entered: 03/31/2017)
2017-03-29		Initiating Pleading & IFP Application Received on 3/10/2017. (zrdj) (Entered: 03/31/2017)
2017-04-03	5	SUMMONS (3) Issued as to EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, U.S. Attorney and U.S. Attorney General (zrdj) (Entered: 04/03/2017)
2017-05-01	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/27/2017., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY served on 4/27/2017 (zrdj) (Entered: 05/02/2017)
2017-05-16	7	NOTICE of Appearance by Johnny Hillary Walker, III on behalf of EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Attachments: # 1 Certificate of Service)(Walker, Johnny) (Entered: 05/16/2017)
2017-05-17	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/16/2017. Answer due for ALL FEDERAL DEFENDANTS by 6/15/2017. (zrdj) (Entered: 05/18/2017)
2017-05-26	9	MOTION for CM/ECF Password by PETER M. BERNEGGER (td) (Entered: 05/31/2017)
2017-05-26	10	MOTION to Amend/Correct 1 Complaint by PETER M. BERNEGGER (Attachments: # 1 Exhibit Amended Complaint)(td) (Entered: 05/31/2017)
2017-05-31		MINUTE ORDER: Plaintiff's Motion for Leave to Amend His Complaint 10 is hereby GRANTED and his amended complaint, Dkt. 10 -1, is deemed FILED. Defendant is hereby ORDERED to answer or otherwise respond to Plaintiff's amended complaint on or before June 30, 2017. Signed by Judge Randolph D. Moss on 5/31/2017. (lcrdm1, ) Modified on 5/31/2017 to correct typo (kt). (Entered: 05/31/2017)
2017-05-31		MINUTE ORDER: Upon consideration of Plaintiff's Motion to E-File 9 , the motion is hereby DENIED without prejudice. Under D.D.C. Local Rule 5.4(b)(2), a pro se party seeking leave of Court to obtain a CM/ECF user name and password must file a motion "describing the party's access to the internet" and "confirming the capacity to file documents and receive filings electronically on a regular basis." (The local rule also notes that the motion must "certify[] that [the pro se party]... has successfully completed the entire Clerk's Office on-line tutorial;" access to the CM/ECF tutorial will be provided should Plaintiff renew his motion to e-file in conformance with the requirements set out above. An actual CM/ECF password will not be provided until the tutorial has been successfully completed.). Because Plaintiff's motion does not currently include the information required by the local rules, the Court denies his motion but will permit him to refile his motion in accordance with the requirements described above. Signed by Judge Randolph D. Moss on 5/31/2017. (lcrdm1, ) (Entered: 05/31/2017)
2017-05-31		Set/Reset Deadlines: Defendant's answer to Plaintiff's amended complaint due on or before 6/30/2017. (kt) (Entered: 05/31/2017)
2017-05-31	11	AMENDED COMPLAINT against EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY filed by PETER M. BERNEGGER.(jf) (Entered: 05/31/2017)
2017-06-29	12	ANSWER to 11 Amended Complaint by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY. Related document: 11 Amended Complaint filed by PETER M. BERNEGGER. (Attachments: # 1 Certificate of Service)(Walker, Johnny) (Entered: 06/29/2017)
2017-07-05		MINUTE ORDER: The parties are hereby ORDERED to comply with the following briefing schedule: Defendant's motion for summary judgment shall be filed on or before August 4, 2017; Plaintiff's opposition to Defendant's motion for summary judgment and Plaintiff's cross-motion for summary judgment shall be filed on or before September 5, 2017; Defendant's reply in support of its motion for summary judgment and opposition to Plaintiff's cross-motion for summary judgment shall be filed on or before October 5, 2017; Plaintiff's reply in support of his cross-motion for summary judgment shall be filed on or before November 6, 2017. Signed by Judge Randolph D. Moss on 7/5/2017. (lcrdm1, ) (Entered: 07/05/2017)
2017-07-05		Set/Reset Deadlines: Defendant's motion for summary judgment due on or before 8/4/2017; Plaintiff's opposition to Defendant's motion for summary judgment and Plaintiff's cross-motion for summary judgment due on or before 9/5/2017; Defendant's reply in support of its motion for summary judgment and opposition to Plaintiff's cross-motion for summary judgment due on or before 10/5/2017; Plaintiff's reply in support of his cross-motion for summary judgment due on or before 11/6/2017. (kt) (Entered: 07/05/2017)
2017-07-10	13	MOTION for Pre-Trial Conference by PETER M. BERNEGGER (jf) Modified on 7/13/2017 (znmw). (Entered: 07/12/2017)
2017-07-10	14	RESPONSE re 12 Answer to Amended Complaint filed by PETER M. BERNEGGER. (jf) (Entered: 07/12/2017)
2017-07-12		MINUTE ORDER: The parties are hereby ORDERED to appear for a status conference on July 18, 2017, at 10:00 a.m. in Courtroom 21. Should any party wish to appear telephonically, that party shall contact the Courtroom Deputy Clerk at (202) 354-3084 to make the necessary arrangements. Signed by Judge Randolph D. Moss on 7/12/2017. (lcrdm1, ) (Entered: 07/12/2017)
2017-07-12		Set/Reset Hearings: A Status Conference is set for 7/18/2017, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 07/12/2017)
2017-07-13	15	MOTION to Stay Court Order dated July 05, 2017 by PETER M. BERNEGGER (jf) (Entered: 07/14/2017)
2017-07-18		Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 7/18/2017. Plaintiff's 13 Motion for Pre-Trial Conference and 15 Motion to Stay Court Order dated July 5, 2017 are DENIED; for the reasons stated on the record. The briefing schedule on summary judgment is HELD IN ABEYANCE. The parties shall meet and confer, then file a joint status report no later than 8/25/2017. A further Status Conference is set for 8/29/2017, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (Court Reporter: Elizabeth Saint-Loth.) (kt) (Entered: 07/18/2017)
2017-08-25	16	Joint STATUS REPORT by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY. (Attachments: # 1 Certificate of Service)(Walker, Johnny) (Entered: 08/25/2017)
2017-08-25	17	ERRATA and Notice of FIling Exhibits by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY 16 Status Report filed by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY. (Attachments: # 1 Exhibit 1: FOIA Request (Aug. 13, 2016), # 2 Exhibit 2: Letter from EOUSA to Bernegger (Aug. 23, 2017), # 3 Certificate of Service)(Walker, Johnny) (Entered: 08/25/2017)
2017-08-29		Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 8/29/2017. The Plaintiff is directed to email the Defendant a copy of the FOIA request he contends is at issue in the lawsuit as to this case; Parties are to then confer. A further Status Conference is set for 9/13/2017, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (Court Reporter: Jeff Hook.) (kt) (Entered: 08/29/2017)
2017-09-11	18	NOTICE to Court by PETER M. BERNEGGER (td) (Entered: 09/13/2017)
2017-09-13		Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 9/13/2017. Defendant's motion for summary judgment is due by 10/30/2017; Plaintiff's opposition and cross motion for summary judgment are due by 11/29/2017; Defendant's opposition to the cross motion for summary judgment and reply are due by 12/20/2017; Plaintiff's final reply due by 1/10/2018. (Court Reporter: Jeff Hook.) (kt) (Entered: 09/13/2017)
2017-10-24	19	Consent MOTION for Extension of Time to Move for Summary Judgment by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Walker, Johnny) (Entered: 10/24/2017)
2017-10-30		MINUTE ORDER: Upon consideration of Defendant's Consent Motion for an Extension of Time to Move for Summary Judgment 19 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that (1) Defendant shall file its motion for summary judgment on or before November 13, 2017; (2) Plaintiff shall file his opposition and cross-motion for summary judgment on or before December 13, 2017; (3) Defendant shall file its opposition and reply on or before January 3, 2018; (4) Plaintiff shall file his reply on or before January 24, 2018. Signed by Judge Randolph D. Moss on 10/30/2017. (lcrdm1, ) (Entered: 10/30/2017)
2017-10-30		Set/Reset Deadlines: Defendant shall file its motion for summary judgment on or before 11/13/2017; Plaintiff shall file his opposition and cross-motion for summary judgment on or before 12/13/2017; Defendant shall file its opposition and reply on or before 1/3/2018. (kt) (Entered: 10/30/2017)
2017-11-07	20	MOTION for Extension of Time to Move for Summary Judgment by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Walker, Johnny) (Entered: 11/07/2017)
2017-11-09	21	RESPONSE re 20 MOTION for Extension of Time to Move for Summary Judgment filed by PETER M. BERNEGGER. (td) (Entered: 11/14/2017)
2017-11-14		MINUTE ORDER: Upon consideration of Defendant's Motion for Extension of Time to Move for Summary Judgment 20 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that (1) Defendant shall file its motion for summary judgment on or before December 13, 2017; (2) Plaintiff shall file his opposition and cross-motion for summary judgment on or before January 12, 2018; (3) Defendant shall file its opposition and reply on or before February 2, 2018; (4) Plaintiff shall file his reply on or before February 23, 2018. Signed by Judge Randolph D. Moss on 11/14/2017. (lcrdm1, ) (Entered: 11/14/2017)
2017-11-14		Set/Reset Deadlines: Defendant shall file its motion for summary judgment on or before 12/13/2017; Plaintiff shall file his opposition and cross-motion for summary judgment on or before 1/12/2018; Defendant shall file its opposition and reply on or before 2/2/2018; Plaintiff shall file his reply on or before 2/23/2018. (kt) (Entered: 11/14/2017)
2017-12-13	22	MOTION for Summary Judgment by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration or Princina Stone, # 4 Declaration of Brenda Gill, # 5 Declaration of David Hardy, # 6 Text of Proposed Order, # 7 Certificate of Service)(Walker, Johnny) (Entered: 12/13/2017)
2017-12-15	23	ORDER: Plaintiff is hereby ORDERED to respond to Defendant's motion for summary judgment 22 on or before January 12, 2018. Signed by Judge Randolph D. Moss on 12/15/2017. (lcrdm1, ) Modified on 12/18/2017 to correct date (kt). (Main Document 23 replaced on 12/18/2017) (zkt). (Entered: 12/15/2017)
2017-12-18		Set/Reset Deadlines: Response to Motion for Summary Judgment due by 1/22/2018. (kt) (Entered: 12/18/2017)
2017-12-21	24	NOTICE OF FILING REDACTED DOCUMENT to 22 MOTION for Summary Judgment by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (The original PDF Document contained privacy information and was restricted pursuant to the E-Government Act.) (Attachments: # 1 Declaration of Princina Stone, # 2 Declaration of Brenda Gill, # 3 Certificate of Service)(Walker, Johnny) (Entered: 12/21/2017)
2017-12-26	25	MOTION for Extension of Time to File Response/Reply as to 22 MOTION for Summary Judgment by PETER M. BERNEGGER (td) (Entered: 12/28/2017)
2017-12-28	26	RESPONSE re 25 MOTION for Extension of Time to File Response/Reply as to 22 MOTION for Summary Judgment filed by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY. (Attachments: # 1 Certificate of Service)(Walker, Johnny) (Entered: 12/28/2017)
2017-12-29		MINUTE ORDER: Upon consideration of Plaintiff's Motion for Extension of Time 25 , it is hereby ORDERED that the motion is GRANTED. Plaintiff shall file his response to Defendant's motion for summary judgment on or before January 26, 2018. Signed by Judge Randolph D. Moss on 12/29/2017. (lcrdm1, ) (Entered: 12/29/2017)
2017-12-29		Set/Reset Deadlines: Plaintiff shall file his response to Defendant's motion for summary judgment on or before 1/26/2018. (kt) (Entered: 12/29/2017)
2018-01-26	28	MOTION for Leave to File Excess Pages by PETER M. BERNEGGER (Attachments: # 1 Exhibit Opposition)(td) (Entered: 01/30/2018)
2018-01-26	29	Cross MOTION for Partial Summary Judgment by PETER M. BERNEGGER (td) (Entered: 01/30/2018)
2018-01-30	27	Consent MOTION to Modify the Briefing Schedule by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Walker, Johnny) (Entered: 01/30/2018)
2018-01-30		MINUTE ORDER: Upon consideration of Defendant's Consent Motion for a Revised Briefing Schedule, 27 , it is hereby ORDERED that the motion is GRANTED. Defendant shall file its reply in support of its motion for summary judgment, its opposition to Plaintiff's cross-motion for summary judgment, and its opposition to Plaintiff's motion for discovery on or before February 16, 2018. It is further ORDERED that Plaintiff shall file his reply in support of his cross-motion for summary judgment and his reply in support of his motion for discovery on or before March 9, 2018. Signed by Judge Randolph D. Moss on 1/30/2018. (lcrdm1, ) (Entered: 01/30/2018)
2018-01-30		MINUTE ORDER: Upon consideration of Plaintiff's Motion for Leave of Court to Expand Memorandum 28 , it is hereby ORDERED that the motion is GRANTED and the Opposition, Dkt. 28-1, is deemed FILED. Signed by Judge Randolph D. Moss on 1/30/2018. (lcrdm1, ) (Entered: 01/30/2018)
2018-01-30	31	Memorandum in opposition to re 22 MOTION for Summary Judgment filed by PETER M. BERNEGGER. (td) (Entered: 02/06/2018)
2018-01-31		Set/Reset Deadlines: Defendant shall file its reply in support of its motion for summary judgment, its opposition to Plaintiff's cross-motion for summary judgment, and its opposition to Plaintiff's motion for discovery on or before 2/16/2018; Plaintiff shall file his reply in support of his cross-motion for summary judgment and his reply in support of his motion for discovery on or before 3/9/2018. (kt) (Entered: 01/31/2018)
2018-02-01	30	MOTION for Discovery by PETER M. BERNEGGER; "LET IT BE FILED" by Judge Randolph D. Moss (td) (Entered: 02/05/2018)
2018-02-16	32	Memorandum in opposition to re 29 MOTION for Partial Summary Judgment, 30 MOTION for Discovery filed by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY. (Attachments: # 1 Response to Plaintiff's Statement of Material Facts as to Which There Is No Genuine Issue, # 2 Supplemental Declaration of Brenda Gill)(Walker, Johnny) (Entered: 02/16/2018)
2018-02-16	33	REPLY to opposition to motion re 22 MOTION for Summary Judgment filed by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY. (Attachments: # 1 Supplemental Declaration of Brenda Gill, # 2 Certificate of Service)(Walker, Johnny) (Entered: 02/16/2018)
2018-03-08	34	REPLY to opposition to motion re 29 MOTION for Partial Summary Judgment, 30 MOTION for Discovery filed by PETER M. BERNEGGER. (td) (Entered: 03/09/2018)
2018-09-20	35	MEMORANDUM OPINION AND ORDER: Defendant's motion for summary judgment 22 , is GRANTED in part and DENIED in part; Plaintiff's cross-motion for partial summary judgment 29 , is DENIED without prejudice; and Plaintiff's motion for discovery 30 , is DENIED. See document for details. Signed by Judge Randolph D. Moss on 9/20/2018. (lcrdm1, ) (Entered: 09/20/2018)
2018-09-28	36	NOTICE of In Camera Submission by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY re 35 Memorandum & Opinion, (Attachments: # 1 Certificate of Service)(Walker, Johnny) (Entered: 09/28/2018)
2018-09-28		MINUTE ORDER: The Court has reviewed the Defendant's in camera, ex parte submission of Plaintiff's Exhibit 10d 36 . Having reviewed the unredacted record, the Court finds that the redacted portions of the email chain involved purely internal communications within the United States Attorney's Office and that the redactions were lawful pursuant to FOIA Exemption 5. The Court accordingly grants summary judgment in favor of Defendant with respect to its application of Exemption 5 to the records at issue in this proceeding. Signed by Judge Randolph D. Moss on 9/28/2018. (lcrdm1, ) (Entered: 09/28/2018)
2018-10-02		ENTERED IN ERROR.....MINUTE ORDER: Upon consideration of the Plaintiff's Motion for Service 3 , it is hereby ORDERED that the motion is DENIED as moot. The U.S. Marshal has served process on Defendants, see Dkt. 7 , 8 , 10 , and Defendants have appeared before this Court, see Dkt. 9 . Signed by Judge Randolph D. Moss on 10/02/2018. (lcrdm1, ) Modified on 10/5/2018 - entered in wrong case (kt). (Entered: 10/02/2018)
2018-10-19	37	Second MOTION for Summary Judgment by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Attachments: # 1 Exhibit 1: Collection of Emails, # 2 Supplemental Declaration of Princina Stone (with exhibit), # 3 Text of Proposed Order, # 4 Certificate of Service)(Walker, Johnny) (Entered: 10/19/2018)
2018-10-19	38	NOTICE of Intent to Appeal by PETER M. BERNEGGER (ztd) (Entered: 10/25/2018)
2018-10-25	39	FOX/NEAL ORDER: Plaintiff is hereby ORDERED to respond to Defendant's Second Motion for Summary Judgment, Dkt. 37 , on or before November 29, 2018. See document for details. Signed by Judge Randolph D. Moss on 10/25/2018.(lcrdm1, ) (Entered: 10/25/2018)
2018-10-26		Set/Reset Deadlines: Plaintiff's Response to Defendant's Second Motion for Summary Judgment due by 11/29/2018. (kt) (Entered: 10/26/2018)
2018-11-05	40	RESPONSE re 37 Second MOTION for Summary Judgment filed by PETER M. BERNEGGER. (ztd) (Entered: 11/08/2018)
2018-11-09	41	REPLY to opposition to motion re 37 Second MOTION for Summary Judgment filed by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY. (Attachments: # 1 Certificate of Service)(Walker, Johnny) (Entered: 11/09/2018)
2018-12-20	42	MOTION to Strike (Rule 46 Objection) 35 Memorandum & Opinion, by PETER M. BERNEGGER. (Attachment: # 1 Exhibit (3)) (tth) (Entered: 12/21/2018)
2018-12-28	43	MOTION to Stay by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order)(Coles-Huff, Doris) (Entered: 12/28/2018)
2018-12-29		MINUTE ORDER: Upon consideration of Defendant's motion to stay, Dkt. 43 , it is hereby ORDERED that the motion is GRANTED. Defendant's counsel shall notify the Court as soon as Congress has appropriated funds for the Department of Justice. Signed by Judge Randolph D. Moss on 12/29/2017. (lcrdm1, ) (Entered: 12/29/2018)
2019-01-29	44	NOTICE of Restored Funding and Proposed Schedule by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY re Order on Motion to Stay, (Attachments: # 1 Certificate of Service)(Walker, Johnny) (Entered: 01/29/2019)
2019-01-31		MINUTE ORDER: Upon consideration of Defendant's notice of restored funding, Dkt. 44 , it is hereby ORDERED that the stay in this case is lifted. It is further ORDERED that Defendant shall respond to Plaintiff's motion to strike, Dkt. 42 , on or before February 13, 2019. Signed by Judge Randolph D. Moss on 1/31/2019. (lcrdm1, ) (Entered: 01/31/2019)
2019-01-31		Set/Reset Deadlines: Defendant shall respond to Plaintiff's motion to strike, Dkt. 42 , on or before 2/13/2019. (kt) (Entered: 01/31/2019)
2019-02-13	45	Memorandum in opposition to re 42 MOTION to Strike 35 Memorandum & Opinion, filed by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY. (Attachments: # 1 Certificate of Service)(Walker, Johnny) (Entered: 02/13/2019)
2019-07-29	46	NOTICE of Change of Address by PETER M. BERNEGGER (ztd) (Entered: 08/01/2019)
2019-08-26	47	MEMORANDUM OPINION AND ORDER: Plaintiff's motion to strike, Dkt. 42 , is hereby DENIED. Defendants' motion for summary judgment, Dkt. 37 , will be GRANTED. A separate order will issue. See document for details. Signed by Judge Randolph D. Moss on 8/26/19. (lcrdm1, ) (Entered: 08/26/2019)
2019-08-26	48	ORDER: For the reasons set forth in the Court's Memorandum Opinion, Dkt. 47 , it is hereby ORDERED that Defendants' motion for summary judgment, Dkt. 37 , is GRANTED. Signed by Judge Randolph D. Moss on 8/26/19. (lcrdm1, ) (Entered: 08/26/2019)
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