Case Detail

FOIA Project Annotation: Judge Randolph Moss has ruled that the Bureau of Alcohol, Tobacco and Firearms has not yet shown that it properly responded to two requests from the Brady Center to Prevent Gun Violence. The Brady Center's first FOIA request asked for records pertaining to a 2017 White Paper titled "Federal Firearm Regulations â€" Options to Reduce or Modify Firearms Regulations." The Brady Center's second FOIA request asked for records pertaining warning letters or notices of revocation of license issued to federal firearm licensees from July 2015 to July 2017. After the agency failed to respond, the Brady Center filed suit. The agency released 1,134 pages responsive to the White Paper request and told the Brady Center that many of the records responsive to the warning letters request would be withheld or redacted under Exemption 3 (other statutes) citing the Tiahrt Rider, which precludes BATF from expending any funds on responding to FOIA requests for records on gun sales or gun traces. The Brady Center focused its challenges on the adequacy of the agency's search, particularly the agency's determination that attachments to responsive email did not fall within the scope of the request, that records related to the White Paper were protected by Exemption 5 (deliberative process privilege), and the applicability of the Tiahrt Rider to the redacted or withheld records pertaining to the Brady Center's warning letters request. The Brady Center argued that the agency's email search using only the term "White Paper" was inadequate. Moss agreed, noting that "it is not difficult to formulate a variety of possible search terms, and to define a relevant timeframe for the search. It is not the Court's role, however, to dictate precisely how the agency should conduct the search. Accordingly, for present purposes, the Court merely holds that the ATF's exclusive use of the search term 'White Paper' was not reasonably calculated to locate all records 'related to' the white paper." He added that "the Court will leave it to the ATF, in the first (or now, second) instance to craft a search protocol that 'can be reasonably expected to produce the information requested.'" Since Judge Emmet Sullivan had held in Coffey v. Bureau of Land Management, 277 F. Supp. 3d 1 (D.D.C. 2017), that attachments to emails were presumed to be responsive unless the agency provided evidence showing otherwise, the Brady Center argued that the agency had not carried its burden of showing the attachments were not responsive. Under these circumstances, however, Moss found the agency had sufficiently justified its claim that the attachments were not responsive. He observed that "the ATF has reviewed each of the attachments and has certified 'that none of the separate documents which were considered out of scope, including certain attachments to emails, contain any information even slightly related to the White Paper and, instead, are wholly on independent subjects outside the purview of the underlying request.' Moreover, treating such wholly unrelated attachments as part of the main document would cause increased delay in the agency's responses to FOIA requests, would increase costs to the agency and requesters, and would do little, if anything, to further FOIA's goal of enhancing transparency and confidence in the workings of government." Moss found the agency's current Vaughn index did not provide a sufficient explanation for many of the agency's redactions pertaining to the Brady Center's written notice request. He pointed out that "when combined with the declarations the ATF has filed in support of its motion, the Court can reasonably discern the nature of some â€" but not all â€"of the redactions." The Brady Center argued that the agency's redactions under the Tiahrt Rider were frequently inconsistent and thus arbitrary for purposes of the Administrative Procedure Act. However, Moss pointed out that "the problem is that the Brady Center has brought a FOIA case, not an APA case, and the Brady Center does not cite a single case applying the APA's arbitrary and capricious standard to FOIA. . .[N]othing in the FOIA precludes agencies from releasing exempt records, and nothing in the FOIA requires agencies to adopt a consistent policy." Ultimately, Moss remanded the written notice request back to the agency to further develop its claims and to allow the Brady Center to respond to them. He observed that "the existing record, accordingly, leaves the Court with an information deficit on two different fronts. First, the Court has little guidance from either party about how broadly it should understand the Rider's prohibition on 'disclosure' to sweep â€" or even how it should answer that question. Second, without a Vaughn index or a detailed declaration, the Court cannot determine how much of an inferential or investigative step would be needed to take a particular piece of redacted information and trace it back to particular 'information required to be kept by licensees. . .' or to information gleaned from the eTrace database."
Issues: Adequacy - Search, Exemption 3 - Provision must cite to FOIA

Date Filed	Doc #	Docket Text
2017-10-16	1	COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-5159991) filed by BRADY CENTER TO PREVENT GUN VIOLENCE. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Summons Attorney General, # 5 Summons ATF, # 6 Summons DOJ, # 7 Summons U.S Attorney of DC)(Barnett, Kevin) (Entered: 10/16/2017)
2017-10-16		Case Assigned to Judge Randolph D. Moss. (zsb) (Entered: 10/16/2017)
2017-10-16	2	SUMMONS (4) Issued Electronically as to BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 10/16/2017)
2017-10-16	3	Corporate Disclosure Statement by BRADY CENTER TO PREVENT GUN VIOLENCE. (Barnett, Kevin) (Entered: 10/16/2017)
2017-11-10	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/23/2017. Answer due for ALL FEDERAL DEFENDANTS by 11/22/2017. (Attachments: # 1 Exhibit)(Barnett, Kevin) (Entered: 11/10/2017)
2017-11-27		MINUTE ORDER: The Defendants are hereby ORDERED to answer or otherwise respond to the Complaint 1 on or before December 11, 2017. Signed by Judge Randolph D. Moss on 11/27/2017. (lcrdm1, ) (Entered: 11/27/2017)
2017-11-27	5	MOTION for Extension of Time to File Answer by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE (Braswell, Marina) (Entered: 11/27/2017)
2017-11-27	6	NOTICE of Appearance by Marina Utgoff Braswell on behalf of BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE (Braswell, Marina) (Entered: 11/27/2017)
2017-11-28		Set/Reset Deadlines: Defendants to answer or otherwise respond to the Complaint 1 on or before 12/11/2017. (kt) (Entered: 11/28/2017)
2017-11-28		MINUTE ORDER: Upon consideration of Defendants' Motion for Extension of Time to File Answer 5 , it is hereby ORDERED that the motion is DENIED as moot in light of the Court's November 27, 2017 Minute Order, in which the Court sua sponte granted Defendants an extension of time to file an answer on or before December 11, 2017. Signed by Judge Randolph D. Moss on 11/28/2017. (lcrdm1, ) (Entered: 11/28/2017)
2017-12-01	7	ANSWER to Complaint by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE.(Braswell, Marina) (Entered: 12/01/2017)
2017-12-04		MINUTE ORDER: It is hereby ORDERED that the parties shall appear for a status conference on December 21, 2017, at 10:15 a.m. in Courtroom 21. It is further ORDERED that the parties shall meet and confer prior to the status conference to discuss the status of the Department's search and scheduling for further proceedings. Signed by Judge Randolph D. Moss on 12/4/2017. (lcrdm1, ) (Entered: 12/04/2017)
2017-12-04		Set/Reset Hearings: Status Conference set for 12/21/2017, at 10:15 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 12/04/2017)
2017-12-18	8	NOTICE of Appearance by Nooree Lee on behalf of BRADY CENTER TO PREVENT GUN VIOLENCE (Lee, Nooree) (Entered: 12/18/2017)
2017-12-20	9	NOTICE of Appearance by Alan Arnold Pemberton on behalf of BRADY CENTER TO PREVENT GUN VIOLENCE (Pemberton, Alan) (Entered: 12/20/2017)
2017-12-21		Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 12/21/2017. The 1,000 pages shall be reviewed and produced, to the extent they are not subject to a FOIA exemption, by 2/9/2018; If the parties conclude there is a need for a further search, it shall be addressed in the next joint status report due 1/30/2018. (Court Reporter: Jeff Hook.) (kt) (Entered: 12/21/2017)
2018-01-30	10	Joint STATUS REPORT by BRADY CENTER TO PREVENT GUN VIOLENCE. (Barnett, Kevin) (Entered: 01/30/2018)
2018-01-31		MINUTE ORDER: Upon consideration of the Joint Status Report 10 , it is hereby ORDERED that the parties submit a further joint status report on or before February 28, 2018. Signed by Judge Randolph D. Moss on 1/31/2018. (lcrdm1, ) (Entered: 01/31/2018)
2018-01-31		Set/Reset Deadlines: Joint Status Report due by 2/28/2018. (kt) (Entered: 01/31/2018)
2018-02-28	11	Unopposed MOTION for Extension of Time to File Joint Status Report by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE (Braswell, Marina) (Entered: 02/28/2018)
2018-03-01		MINUTE ORDER: Upon consideration of Defendants' Motion for Extension of Time 11 , it is hereby ORDERED that the motion is GRANTED. The parties shall file their joint status report on or before March 2, 2018. Signed by Judge Randolph D. Moss on 3/1/2018. (lcrdm1, ) (Entered: 03/01/2018)
2018-03-01		Set/Reset Deadlines: Joint Status Report due by 3/2/2018. (kt) (Entered: 03/01/2018)
2018-03-02	12	Joint STATUS REPORT by BRADY CENTER TO PREVENT GUN VIOLENCE. (Barnett, Kevin) (Entered: 03/02/2018)
2018-03-02		MINUTE ORDER: Upon consideration of the parties' Joint Status Report 12 , it is hereby ORDERED that Defendants shall complete its re-processing of the 168 pages of records previously identified as outside the scope of the White Paper Request and shall release all non-exempt records on or before March 12, 2018. It is further ORDERED that Defendants shall provide a declaration regarding the search along with a Vaughn index for its White Paper FOIA response on or before March 16, 2018. It is further ORDERED that Defendants shall make a substantial production of records of 500 or more pages responsive to the Warning Letter Request on or before March 9, 2018. It is further ORDERED that the parties shall appear for a status conference on March 13, 2018, at 10:30 a.m., in Courtroom 21. Signed by Judge Randolph D. Moss on 3/2/2018. (lcrdm1, ) (Entered: 03/02/2018)
2018-03-05		Set/Reset Deadlines/Hearings: Defendants shall complete its re-processing of the 168 pages of records previously identified as outside the scope of the White Paper Request and shall release all non-exempt records on or before 3/12/2018; Defendants shall provide a declaration regarding the search along with a Vaughn index for its White Paper FOIA response on or before 3/16/2018; Defendants shall make a substantial production of records of 500 or more pages responsive to the Warning Letter Request on or before 3/9/2018. Status Conference set for 3/13/2018, at 10:30 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 03/05/2018)
2018-03-13		Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 3/13/2018. Defendant ATF shall produce on a rolling basis 750 pages of records per month. (Court Reporter: Jeff Hook.) (kt) (Entered: 03/13/2018)
2018-05-25	13	MOTION for Scheduling Order by BRADY CENTER TO PREVENT GUN VIOLENCE (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Text of Proposed Order)(Barnett, Kevin) (Entered: 05/25/2018)
2018-05-29		MINUTE ORDER: It is hereby ORDERED that Defendants respond to Plaintiff's Motion for Scheduling Order, Dkt. 13 , on or before June 1, 2018. Signed by Judge Randolph D. Moss on 5/29/2018. (lcrdm1, ) (Entered: 05/29/2018)
2018-05-29		Set/Reset Deadlines: Defendant's Response due by 6/1/2018. (kt) (Entered: 05/29/2018)
2018-06-01	14	Memorandum in opposition to re 13 MOTION for Scheduling Order (Opposition in Part) filed by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE. (Braswell, Marina) (Entered: 06/01/2018)
2018-06-05		MINUTE ORDER: It is hereby ORDERED that the parties appear for a status conference on June 25, 2018, at 2:15 p.m., in Courtroom 21. Signed by Judge Randolph D. Moss on 6/5/2018. (lcrdm1, ) (Entered: 06/05/2018)
2018-06-06		Set/Reset Hearings: Status Conference set for 6/25/2018, at 2:15 PM, in Courtroom 21, before Judge Randolph D. Moss. (zkt) (Entered: 06/06/2018)
2018-06-25		Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 6/25/2018. Defendant's Motion for Summary Judgment, with respect to the white paper issue and the appropriations rider, is due on or before 7/30/2018; Plaintiff's Opposition to Motion for Summary Judgment and Cross Motion due on or before 9/7/2018; Defendant's Reply to the Motion for Summary Judgment and Opposition to the Cross Motion due on or before 10/12/2018; Plaintiff's Final Reply due on or before 10/26/2018. (Court Reporter: Jeff Hook.) (kt) (Entered: 06/25/2018)
2018-07-30	15	Unopposed MOTION for Extension of Time to File Dispositive Motion by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE (Braswell, Marina) (Entered: 07/30/2018)
2018-08-01		MINUTE ORDER: Upon consideration of Defendants' Unopposed Motion for Extension of Time 15 , it is hereby ORDERED that the motion is GRANTED. Defendants shall file their dispositive motion on or before August 3, 2018. Plaintiff shall file its opposition and cross-motion, if any, on or before September 10, 2018. Signed by Judge Randolph D. Moss on 8/1/2018. (lcrdm1, ) (Entered: 08/01/2018)
2018-08-01		Set/Reset Deadlines: Defendants shall file their dispositive motion on or before 8/3/2018; Plaintiff shall file its opposition and cross-motion, if any, on or before Responses due by 9/10/2018. (kt) (Entered: 08/01/2018)
2018-08-03	16	MOTION for Summary Judgment in Part by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Chisholm Declaration, # 2 Kil Declaration)(Braswell, Marina) (Entered: 08/03/2018)
2018-09-10	17	Cross MOTION for Partial Summary Judgment by BRADY CENTER TO PREVENT GUN VIOLENCE (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Memorandum in Support Memo. of Points and Authorities, # 3 Statement of Facts Statement of Undisputed Facts, # 4 Declaration Decl. of Nooree Lee, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F)(Lee, Nooree) (Entered: 09/10/2018)
2018-09-10	18	Memorandum in opposition to re 16 MOTION for Summary Judgment in Part filed by BRADY CENTER TO PREVENT GUN VIOLENCE. (ztd) (See docket entry no. 17 to view). (Entered: 09/12/2018)
2018-10-10	19	Unopposed MOTION for Extension of Time to File Response/Reply as to 17 Cross MOTION for Partial Summary Judgment and Reply to Plaintiff's Opposition to Defendant's Motion for Partial Summary Judgment by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE (Braswell, Marina) (Entered: 10/10/2018)
2018-10-24		MINUTE ORDER: Upon consideration of Defendants' unopposed motion for extension of time, Dkt. 19 , it is hereby ORDERED that the motion is GRANTED. Defendants shall file their opposition to Plaintiff's cross-motion for partial summary judgment and reply to Plaintiff's opposition to Defendants' motion for partial summary judgment on or before October 26, 2018. Further, Plaintiff shall file its reply on or before November 9, 2018. Signed by Judge Randolph D. Moss on 10/24/2018. (lcrdm1, ) (Entered: 10/24/2018)
2018-10-24		Set/Reset Deadlines: Defendants shall file their opposition to Plaintiff's cross-motion for partial summary judgment and reply to Plaintiff's opposition to Defendants' motion for partial summary judgment on or before 10/26/2018; Plaintiff shall file its reply on or before 11/9/2018. (kt) (Entered: 10/24/2018)
2018-10-24	20	Unopposed MOTION for Extension of Time to File Response/Reply as to 17 Cross MOTION for Partial Summary Judgment , 16 MOTION for Summary Judgment in Part by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE (Braswell, Marina) (Entered: 10/24/2018)
2018-10-25		MINUTE ORDER: Upon consideration of Defendants' unopposed motion for extension of time, Dkt. 20 , it is hereby ORDERED that the motion is GRANTED. Defendants shall file their opposition to Plaintiff's cross-motion for partial summary judgment and reply to Plaintiff's opposition to Defendants' motion for partial summary judgment on or before October 30, 2018. Further, Plaintiff shall file its reply on or before November 13, 2018. Signed by Judge Randolph D. Moss on 10/25/2018. (lcrdm1, ) (Entered: 10/25/2018)
2018-10-25		Set/Reset Deadlines: Defendants shall file their opposition to Plaintiff's cross-motion for partial summary judgment and reply to Plaintiff's opposition to Defendants' motion for partial summary judgment on or before 10/30/2018; Plaintiff shall file its reply on or before 11/13/2018. (kt) (Entered: 10/25/2018)
2018-10-30	21	REPLY to opposition to motion re 16 MOTION for Summary Judgment in Part filed by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Second Chisholm Declaration)(Braswell, Marina) (Entered: 10/30/2018)
2018-10-30	22	Memorandum in opposition to re 17 Cross MOTION for Partial Summary Judgment filed by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Response to Statement of Material Facts, # 2 Second Chisholm Declaration)(Braswell, Marina) (Entered: 10/30/2018)
2018-10-31	23	NOTICE (Notice of Filing of Exhibits A-E In Support of the Second Declaration of Peter J. Chisholm) by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE re 22 Memorandum in Opposition, 21 Reply to opposition to Motion, (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Braswell, Marina) (Entered: 10/31/2018)
2018-11-13	24	REPLY to opposition to motion re 17 Cross MOTION for Partial Summary Judgment filed by BRADY CENTER TO PREVENT GUN VIOLENCE. (Attachments: # 1 Declaration of Kevin Barnett, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F)(Barnett, Kevin) (Entered: 11/13/2018)
2019-01-09	25	MOTION to Stay (Defendants' Motion to Stay Proceedings in Light of Lapse in Appropriations) by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Braswell, Marina) (Entered: 01/09/2019)
2019-01-10		MINUTE ORDER: Upon consideration of Defendant's motion to stay, Dkt. 25 , it is hereby ORDERED that Plaintiff shall respond to the motion on or before Monday, January 14, 2019. Signed by Judge Randolph D. Moss on 1/10/2019. (lcrdm1, ) (Entered: 01/10/2019)
2019-01-10		Set/Reset Deadlines: Plaintiff shall respond to the motion on or before 1/14/2019. (kt) (Entered: 01/10/2019)
2019-01-14	26	RESPONSE re 25 MOTION to Stay (Defendants' Motion to Stay Proceedings in Light of Lapse in Appropriations) filed by BRADY CENTER TO PREVENT GUN VIOLENCE. (Barnett, Kevin) (Entered: 01/14/2019)
2019-01-17		MINUTE ORDER: Upon consideration of Defendants' motion to stay, Dkt 25 , it is hereby ORDERED that the motion is GRANTED in part and DENIED in part. The case shall be stayed until January 31, 2019, and, at that time, Defendants may renew their motion, if appropriate. Signed by Judge Randolph D. Moss on 1/17/2019. (lcrdm1, ) (Entered: 01/17/2019)
2019-01-18		Case Stayed until 1/31/2019. (kt) (Entered: 01/18/2019)
2019-02-22	27	Unopposed MOTION to Consolidate Cases by BRADY CENTER TO PREVENT GUN VIOLENCE (Barnett, Kevin) (Entered: 02/22/2019)
2019-02-23		MINUTE ORDER: Plaintiff's consent motion to consolidate, Dkt. 27 , is hereby GRANTED. It is hereby ORDERED that Case No. 18-2643 be consolidated with this case ( Brady Center to Prevent Gun Violence v. U.S. Department of Justice et al. , No. 17-2130). See Fed. R. Civ. P. 42(a) (permitting the court to consolidate actions "involv[ing] a common question of law or fact"); Local Civ. R. 40.5(a)(3). The parties are directed to file all future documents in this case. Signed by Judge Randolph D. Moss on 2/23/2019. (lcrdm1, ) Modified on 2/25/2019 to change typo in case number from 18-2130 to 17-2130 (zkt). (Entered: 02/23/2019)
2019-08-20		MINUTE ORDER: It is hereby ORDERED that the parties shall appear for oral argument on the parties' cross-motions for partial summary judgment 16 , 17 on September 3, 2019 at 2:15 p.m. in Courtroom 21. Signed by Judge Randolph D. Moss on 08/20/19. Associated Cases: 1:17-cv-02130-RDM, 1:18-cv-02643-RDM(lcrdm3, ) (Entered: 08/20/2019)
2019-08-21		Set/Reset Hearings: Motion Hearing set for 9/3/2019, at 2:15 PM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 08/21/2019)
2019-08-26	28	Unopposed MOTION to Continue Hearing Date by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE, DEPARTMENT OF JUSTICE Associated Cases: 1:17-cv-02130-RDM, 1:18-cv-02643-RDM(Braswell, Marina) (Entered: 08/26/2019)
2019-08-30		MINUTE ORDER: Upon consideration of the Defendants' unopposed motion to continue September 3, 2019 hearing, Dkt. 28 , it is hereby ORDERED that the motion is GRANTED. The hearing previously scheduled for September 3, 2019, is VACATED and RESCHEDULED for September 11, 2019 at 10:00 a.m. in Courtroom 21. Signed by Judge Randolph D. Moss on 8/30/19. (lcrdm1, ) (Entered: 08/30/2019)
2019-08-30		Set/Reset Hearings: The Motion Hearing set for 9/3/2019 is VACATED and RESCHEDULED for 9/11/2019, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 08/30/2019)
2019-09-05	29	NOTICE OF SUPPLEMENTAL AUTHORITY by BRADY CENTER TO PREVENT GUN VIOLENCE Associated Cases: 1:17-cv-02130-RDM, 1:18-cv-02643-RDM(Barnett, Kevin) (Entered: 09/05/2019)
2019-09-10	30	RESPONSE re (29 in 1:17-cv-02130-RDM, 14 in 1:18-cv-02643-RDM) NOTICE OF SUPPLEMENTAL AUTHORITY filed by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE, DEPARTMENT OF JUSTICE. Associated Cases: 1:17-cv-02130-RDM, 1:18-cv-02643-RDM(Braswell, Marina) (Entered: 09/10/2019)
2019-09-11		Minute Entry for proceedings held before Judge Randolph D. Moss: Motion Hearing held on 9/11/2019 re: 16 MOTION for Summary Judgment in Part filed by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE, and 17 Cross MOTION for Partial Summary Judgment filed by BRADY CENTER TO PREVENT GUN VIOLENCE. Any filings, following up on the questions raised by the Court, are due by close of business Friday. (Court Reporter: Jeff Hook.) (kt) (Entered: 09/11/2019)
2019-09-13	31	MEMORANDUM by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE, DEPARTMENT OF JUSTICE. Associated Cases: 1:17-cv-02130-RDM, 1:18-cv-02643-RDM(Braswell, Marina) (Entered: 09/13/2019)
2019-09-13	32	SUPPLEMENTAL MEMORANDUM to re 17 Cross MOTION for Partial Summary Judgment filed by BRADY CENTER TO PREVENT GUN VIOLENCE. (Attachments: # 1 Declaration Decl. of Nooree Lee, # 2 Exhibit A, # 3 Exhibit B)(Lee, Nooree) (Entered: 09/13/2019)
2019-09-16		NOTICE OF ERROR re 32 Supplemental Memorandum; emailed to nlee@cov.com, cc'd 5 associated attorneys -- The PDF file you docketed contained errors: 1. Please remember that if you are electronically any document(s), your name must appear on the signature line of the filing(s). (ztd, ) (Entered: 09/16/2019)
2019-09-28	33	MEMORANDUM OPINION AND ORDER: Upon consideration of Defendant's motion for partial summary judgment 16 and Plaintiff's cross-motion for summary judgment 17 , it is hereby ORDERED that both motions are GRANTED in part and DENIED in part. See document for details. Signed by Judge Randolph D. Moss on 09/28/2019. (lcrdm3, ) (Entered: 09/28/2019)
2019-10-08		MINUTE ORDER: In light of the Court's memorandum opinion and order 33 , the parties are hereby ORDERED to file a joint status report proposing next steps for this proceeding on or before October 18, 2019. Signed by Judge Randolph D. Moss on 10/8/19. (lcrdm3) (Entered: 10/08/2019)
2019-10-08		Set/Reset Deadlines: Joint Status Report due by 10/18/2019. (kt) (Entered: 10/08/2019)
2019-10-16	34	Unopposed MOTION for Extension of Time to File Joint Status Report by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE (Braswell, Marina) (Entered: 10/16/2019)
2019-10-18		MINUTE ORDER: Upon consideration of Defendants' unopposed motion for extension of time 34 , it is hereby ORDERED that the motion is GRANTED. Defendants shall file a combined status report on or before October 28, 2019. Signed by Judge Randolph D. Moss on 10/18/19. (lcrdm3) (Entered: 10/18/2019)
2019-10-18		Set/Reset Deadlines: Joint Status Report due by 10/28/2019. (dot) (Entered: 10/18/2019)
2019-10-28	35	Joint MOTION for Extension of Time to File Joint Status Report by BRADY CENTER TO PREVENT GUN VIOLENCE Associated Cases: 1:17-cv-02130-RDM, 1:18-cv-02643-RDM(Barnett, Kevin) (Entered: 10/28/2019)
2019-10-31	36	Joint STATUS REPORT by BRADY CENTER TO PREVENT GUN VIOLENCE. (Attachments: # 1 Exhibit)Associated Cases: 1:17-cv-02130-RDM, 1:18-cv-02643-RDM(Barnett, Kevin) (Entered: 10/31/2019)
2019-11-01		MINUTE ORDER: In light of the parties' joint status report 36 , it is hereby ORDERED that the parties shall file a further joint status report on or before December 5, 2019. Signed by Judge Randolph D. Moss on 11/1/19. (lcrdm3, ) (Entered: 11/01/2019)
2019-11-01		MINUTE ORDER: Upon consideration of the joint motion for extension of time 35 , it is hereby ORDERED that the parties shall file a joint status report on or before October 31, 2019. Signed by Judge Randolph D. Moss on 11/1/19. (lcrdm3, ) (Entered: 11/01/2019)
2019-12-05	37	Joint STATUS REPORT by BRADY CENTER TO PREVENT GUN VIOLENCE. Associated Cases: 1:17-cv-02130-RDM, 1:18-cv-02643-RDM(Barnett, Kevin) (Entered: 12/05/2019)
2019-12-06		MINUTE ORDER: In light of the parties joint status report 37 , it is hereby ORDERED that the parties shall file a further joint status report on or before January 10, 2020. Signed by Judge Randolph D. Moss on 12/6/19. (lcrdm3, ) (Entered: 12/06/2019)
2020-01-10	38	Joint STATUS REPORT by BRADY CENTER TO PREVENT GUN VIOLENCE. (Barnett, Kevin) (Entered: 01/10/2020)
2020-01-21		MINUTE ORDER: Upon consideration of the parties' joint status report 38 , it is hereby ORDERED that the parties shall file a further joint status report on or before March 31, 2020. Signed by Judge Randolph D. Moss on 1/21/20. (lcrdm3, ) (Entered: 01/21/2020)
2020-03-30	39	NOTICE OF SUBSTITUTION OF COUNSEL by Brenda A. Gonzalez on behalf of BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE, DEPARTMENT OF JUSTICE Substituting for attorney Marina Utgoff Braswell Associated Cases: 1:17-cv-02130-RDM, 1:18-cv-02643-RDM(Gonzalez, Brenda) (Entered: 03/30/2020)
2020-03-31	40	Joint STATUS REPORT by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE. (Gonzalez, Brenda) (Entered: 03/31/2020)
2020-05-04	41	Joint MOTION for Extension of Time to File Joint Status Report by BRADY CENTER TO PREVENT GUN VIOLENCE (Barnett, Kevin) (Entered: 05/04/2020)
2020-05-11	42	Joint STATUS REPORT by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE. (Gonzalez, Brenda) (Entered: 05/11/2020)
2020-06-09		MINUTE ORDER: Upon consideration of the parties' joint motion for extension of time 41 , it is hereby ORDERED that the motion is GRANTED. The status report 42 is hereby DEEMED timely filed. In light of that status report, the Court concludes that it is premature for the parties to file a second round of cross-motions for summary judgment because (1) defendant's review and production of records is ongoing, (2) the propriety of defendant's invocation of FOIA Exemption 3 will likely require a fact-specific inquiry relating to specific withholdings, and (3) a second round of cross-motions for summary judgment is unlikely to resolve the case. Accordingly, it is hereby ORDERED that the parties shall file a further joint status report on or before July 15, 2020. Signed by Judge Randolph D. Moss on 6/9/20. (lcrdm3, ) (Entered: 06/09/2020)
2020-07-15	43	NOTICE of Appearance by Michael A. Tilghman on behalf of BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE (Tilghman, Michael) (Entered: 07/15/2020)
2020-07-15	44	Joint STATUS REPORT by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE. (Tilghman, Michael) (Entered: 07/15/2020)
2020-07-24	45	MOTION for Scheduling Order by BRADY CENTER TO PREVENT GUN VIOLENCE (Barnett, Kevin) (Entered: 07/24/2020)
2020-07-28		MINUTE ORDER: Defendant is hereby ORDERED to file its response to Plaintiffs motion for scheduling order by 5:00 p.m. on July 30, 2020. Signed by Judge Randolph D. Moss on 7/28/20. (lcrdm3, ) (Entered: 07/28/2020)
2020-07-30	46	Memorandum in opposition to re 45 MOTION for Scheduling Order filed by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration of Adam C. Siple, # 2 Text of Proposed Order)(Tilghman, Michael) (Entered: 07/30/2020)
2020-08-06		MINUTE ORDER: It is hereby ORDERED that the parties shall appear for a telephonic status conference on August 11, 2020 at 10:30 a.m. The Clerk of Court is directed to provide the parties with dial-in information. Signed by Judge Randolph D. Moss on 8/6/20. (lcrdm3, ) (Entered: 08/06/2020)
2020-08-11		Minute Entry for proceedings held before Judge Randolph D. Moss: Telephonic Status Conference held on 8/11/2020. For the reasons stated on the record, the parties shall file a Joint Status Report by 8/25/2020. Plaintiff's 45 Motion for Scheduling Order is denied without prejudice. (Court Reporter: Jeff Hook.) (kt) (Entered: 08/11/2020)
2020-08-25	47	Joint STATUS REPORT by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 08/25/2020)
2020-08-26	48	ORDER: In light of the parties' Joint Status Report, Dkt. 47 , it is hereby ORDERED that: (1) the Bureau of Alcohol, Tobacco, Firearms and Explosives ("ATF") shall complete production of all portions of the narrative reports responsive to the First Warning Letter Request and subject to disclosure by March 1, 2021, with a three-month average of 3,000 pages per month; (2) ATF shall suspend monthly productions in response to the Second Warning Letter Request until March 31, 2021; (3) ATF shall produce 1,500 pages responsive to FOIA Request No. 2018-1298 each month starting no later than April 1, 2021 until production is completed; and (4) the parties shall file another joint status report by March 17, 2021. See document for details. Signed by Judge Randolph D. Moss on 08/26/2020. (lcrdm3) (Entered: 08/26/2020)
2021-03-17	49	Joint STATUS REPORT by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 03/17/2021)
2021-03-17		MINUTE ORDER: Upon consideration of the parties' Joint Status Report, Dkt. 49 , it is hereby ORDERED that the parties shall file a further joint status report on or before April 19, 2021. Signed by Judge Randolph D. Moss on 3/17/2021. (lcrdm3) (Entered: 03/17/2021)
2021-04-19	50	Joint STATUS REPORT by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 04/19/2021)
2021-04-19		MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 50 , it is hereby ORDERED that the parties shall file a further joint status report on or before June 3, 2021. Signed by Judge Randolph D. Moss on 4/19/2021. (lcrdm3) (Entered: 04/19/2021)
2021-06-03	51	Joint STATUS REPORT by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 06/03/2021)
2021-06-03		MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 51 , it is hereby ORDERED that the parties shall file a further joint status report on or before July 19, 2021. Signed by Judge Randolph D. Moss on 6/3/2021. (lcrdm3) (Entered: 06/03/2021)
2021-07-19	52	Joint STATUS REPORT by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 07/19/2021)
2021-07-20		MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 52 , it is hereby ORDERED that the parties shall file a further joint status report on or before September 15, 2021. Signed by Judge Randolph D. Moss on 07/20/2021. (lcrdm3) (Entered: 07/20/2021)
2021-09-15	53	Joint STATUS REPORT by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 09/15/2021)
2021-09-16		MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 53 , it is hereby ORDERED that the parties shall file a further joint status report on or before March 15, 2022. Signed by Judge Randolph D. Moss on 09/16/2021. (lcrdm1) (Entered: 09/16/2021)
2021-09-16	54	NOTICE OF WITHDRAWAL OF APPEARANCE as to BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE. Attorney Brenda A. Gonzalez-Horowitz terminated. (Gonzalez-Horowitz, Brenda) (Entered: 09/16/2021)
2022-03-15	55	Joint STATUS REPORT by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 03/15/2022)
2022-03-15		MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 55 , it is hereby ORDERED that the parties shall file a further joint status report on or before June 15, 2022. Signed by Judge Randolph D. Moss on 3/15/2022. (lcrdm1) (Entered: 03/15/2022)
2022-06-15	56	NOTICE of Appearance by Stephen DeGenaro on behalf of BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE (DeGenaro, Stephen) (Entered: 06/15/2022)
2022-06-15	57	Joint STATUS REPORT by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 06/15/2022)
2022-06-17		MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 57 , is hereby ORDERED that, on or before June 24, 2022, Defendant shall respond to Plaintiff's questions that are outlined in the parties' June 15, 2022 joint status report. It is further ORDERED that the parties shall file a further joint status report on or before July 20, 2022, apprising the Court of the status of ATF's production of records; detailing whether any areas of disagreement remain between the parties; and, if necessary, proposing a briefing schedule for dispositive motions. Signed by Judge Randolph D. Moss on 6/17/2022. (lcrdm1) (Entered: 06/17/2022)
2022-07-08	58	NOTICE OF WITHDRAWAL OF APPEARANCE as to BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE, DEPARTMENT OF JUSTICE. Attorney Stephen DeGenaro terminated. Associated Cases: 1:17-cv-02130-RDM, 1:18-cv-02643-RDM(DeGenaro, Stephen) (Entered: 07/08/2022)
2022-07-20	59	Joint STATUS REPORT by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 07/20/2022)
2022-07-25		MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 59 , it is hereby ORDERED that, on or before July 31, 2022, and every month thereafter, Defendants shall process at least 1500 pages of records per month. It is further ORDERED that the parties shall confer regarding the possibility of increased production rates on or before November 1, 2022. And it is further ORDERED that the parties shall file a further joint status report on or before December 1, 2022. Signed by Judge Randolph D. Moss on 7/25/2022. (lcrdm1) (Entered: 07/25/2022)
2022-09-06	60	NOTICE OF SUBSTITUTION OF COUNSEL by Derek S. Hammond on behalf of All Defendants Substituting for attorney Michael A. Tilghman, II (Hammond, Derek) (Entered: 09/06/2022)
2022-12-01	61	Joint STATUS REPORT by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE. (Hammond, Derek) (Entered: 12/01/2022)
2022-12-01		MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 61 , it is hereby ORDERED that the parties shall file a further joint status report on or before March 1, 2023. Signed by Judge Randolph D. Moss on 12/1/2022. (lcrdm1) (Entered: 12/01/2022)
2023-03-01	62	Joint STATUS REPORT by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, U.S. DEPARTMENT OF JUSTICE. (Hammond, Derek) (Entered: 03/01/2023)
2023-03-02		MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 62 , it is hereby ORDERED that the parties shall file a further joint status report on or before May 30, 2023. Signed by Judge Randolph D. Moss on 3/2/2023. (lcrdm1) (Entered: 03/02/2023)
2023-05-30	63	Joint STATUS REPORT by BRADY CENTER TO PREVENT GUN VIOLENCE. Associated Cases: 1:17-cv-02130-RDM, 1:18-cv-02643-RDM(Barnett, Kevin) (Entered: 05/30/2023)
2023-05-31		MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 63 , it is hereby ORDERED that the parties shall file a further joint status report on or before November 30, 2023. Signed by Judge Randolph D. Moss on 5/31/2023. (lcrdm1) (Entered: 05/31/2023)
2023-06-28	64	NOTICE OF SUBSTITUTION OF COUNSEL by Dedra Seibel Curteman on behalf of All Defendants Substituting for attorney Derek Hammond (Curteman, Dedra) (Entered: 06/28/2023)
2023-11-30	65	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE, UNITED STATES BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES. (Curteman, Dedra) (Entered: 11/30/2023)
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