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Case TitleSheppard v. United States Department of Justice
DistrictWestern District of Missouri
CityKansas City
Case Number4:2017cv01037
Date Filed2017-12-15
Date Closed2021-09-30
JudgeDistrict Judge Nanette K. Laughrey
PlaintiffBryan E Sheppard
Case DescriptionBryan Sheppard submitted a FOIA request to the Department of Justice for records concerning allegations reported in the Kansas City Star that the agency had engaged in misconduct during an investigation of a 1988 arson fire that killed several Kansas City firefighters. The agency located 450 records, withholding some of them under Exemption 5 (privileges) and Exemption 7 (law enforcement records). Sheppard filed an administrative appeal to the Office of Information and Policy, which upheld the agency's decision. Sheppard then filed suit.
Complaint issues: Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUnited States Department of Justice
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [104]
Opinion/Order [105]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-12-151COMPLAINT against United States Department of Justice filed by Stephanie Sowers Sankar on behalf of Bryan E Sheppard. Filing fee $400, receipt number 0866-5558999. Service due by 3/15/2018 unless otherwise directed by the court. (Attachments: # 1 Civil Cover Sheet)(Sankar, Stephanie) (Entered: 12/15/2017)
2017-12-182NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS. Notice of MAP assignment to an outside mediator. (Attachments: # 1 MAP General Order)(Woods, Gloria) (Entered: 12/18/2017)
2017-12-28SUMMONS ISSUED as to United States Department of Justice. (Woods, Gloria) (Entered: 12/28/2017)
2018-02-013MOTION for extension of time to file answer re 1 Complaint, filed by Jeffrey P. Ray on behalf of United States Department of Justice. Suggestions in opposition/response due by 2/15/2018 unless otherwise directed by the court. (Related document(s) 1 ) (Attorney Jeffrey P. Ray added to party United States Department of Justice(pty:dft))(Ray, Jeffrey) (Entered: 02/01/2018)
2018-02-014RULE 16 NOTICE - Rule 26 conference due by 3/19/2018. Proposed scheduling order due by 4/2/2018. Signed on 2/1/18 by District Judge Ortrie D. Smith. (O'Connor, Stacy) (Entered: 02/01/2018)
2018-02-015RULE 502(d) ORDER - Signed on 2/1/18 by District Judge Ortrie D. Smith. (O'Connor, Stacy) (Entered: 02/01/2018)
2018-02-07NOTICE of filing: Mediation and Assessment Program Reminder: Your Designation of Mediator is due soon (filed as an ADR event in CM/ECF). See Notice of Inclusion and MAP General Order for specifics. (ADI, MAP) (Entered: 02/07/2018)
2018-02-086NOTICE of appearance by Jane Pansing Brown on behalf of United States Department of Justice (Attorney Jane Pansing Brown added to party United States Department of Justice(pty:dft))(Brown, Jane) (Entered: 02/08/2018)
2018-02-147RETURN OF SERVICE of complaint executed by Bryan E Sheppard. United States Department of Justice served on 1/2/2018. (Sankar, Stephanie) (Entered: 02/14/2018)
2018-02-168ORDER granting 3 the United States Department of Justice's Motion for Extension of Time to File Answer or Otherwise Respond to Complaint. For good cause stated and without objection from Plaintiff, the motion is granted. The United States Department of Justice shall file its answer or otherwise respond to Plaintiff's Complaint on or before 3/2/2018. Signed on 2/16/2018 by District Judge Ortrie D. Smith. This is a TEXT ONLY ENTRY. No document is attached. (Kitsmiller, Julia) (Entered: 02/16/2018)
2018-03-019Second MOTION for extension of time to file answer or otherwise respond to Complaint filed by Jane Pansing Brown on behalf of United States Department of Justice. Suggestions in opposition/response due by 3/15/2018 unless otherwise directed by the court. (Brown, Jane) (Entered: 03/01/2018)
2018-03-0210ORDER granting 9 Defendant's unopposed second motion for extension of time. Defendant shall file its answer or otherwise respond to Plaintiff's Complaint on or before April 3, 2018. Absent extenuating circumstances, no further of extension of time will be granted. Signed on 3/2/2018 by District Judge Ortrie D. Smith. This is a TEXT ONLY ENTRY. No document is attached. (Kitsmiller, Julia) (Entered: 03/02/2018)
2018-03-2911ANSWER to 1 Complaint, on behalf of United States Department of Justice.(Brown, Jane) (Entered: 03/29/2018)
2018-04-0212MOTION for extension of time to File Scheduling Order filed by Stephanie Sowers Sankar on behalf of Bryan E Sheppard. Suggestions in opposition/response due by 4/16/2018 unless otherwise directed by the court. (Sankar, Stephanie) (Entered: 04/02/2018)
2018-04-0313ORDER granting 12 Plaintiff's unopposed motion for enlargement of time to file joint proposed scheduling order. The parties shall file their joint proposed scheduling order due by 5/7/2018. Signed on 4/3/2018 by District Judge Ortrie D. Smith. This is a TEXT ONLY ENTRY. No document is attached. (Kitsmiller, Julia) (Entered: 04/03/2018)
2018-05-0314Joint PROPOSED SCHEDULING ORDER by Bryan E Sheppard. (Sankar, Stephanie) (Entered: 05/03/2018)
2018-05-0715ORDER SETTING BRIEFING SCHEDULE. Signed on 5/7/18 by District Judge Ortrie D. Smith. (Matthes Mitra, Renea) (Entered: 05/07/2018)
2018-08-0616MOTION for extension of time to file motion for summary judgment filed by Jane Pansing Brown on behalf of United States Department of Justice. Suggestions in opposition/response due by 8/20/2018 unless otherwise directed by the court. (Brown, Jane) (Entered: 08/06/2018)
2018-08-0717ORDER (1) GRANTING DEFENDANT'S MOTION FOR ENLARGEMENT OF TIME, AND (2) AMENDING BRIEFING SCHEDULE, 16 . Signed on 8/7/18 by District Judge Ortrie D. Smith. (Matthes Mitra, Renea) (Entered: 08/07/2018)
2018-09-1118MOTION for summary judgment filed by Jane Pansing Brown on behalf of United States Department of Justice. Suggestions in opposition/response due by 10/2/2018 unless otherwise directed by the court. (Brown, Jane) (Entered: 09/11/2018)
2018-09-1119NOTICE of filing Defendant's Statement of Material Facts as to which there is no genuine issue by United States Department of Justice re 18 MOTION for summary judgment (Attachments: # 1 Declaration with Exhibits 1 - 12)(Brown, Jane) (Entered: 09/11/2018)
2018-09-1120SUGGESTIONS in support re 18 MOTION for summary judgment (Memorandum and Points of Authorities in Support of Defendant's Motion for Summary Judgment) filed by Jane Pansing Brown on behalf of Defendant United States Department of Justice. (Attachments: # 1 Vaughn Index)(Related document(s) 18 ) (Brown, Jane) (Entered: 09/11/2018)
2018-09-11Pursuant to the Court's August 7, 2018 Order, Plaintiff's suggestions in opposition to 18 Defendant's motion for summary judgment shall be file on or before 10/16/2018 unless otherwise directed by the court. Defendant's reply suggestions shall be filed on or before 11/6/2018 unless otherwise directed by the court. (Entered: 09/11/2018)
2018-09-1821NOTICE of filing Amended Statement of Material Facts as to which there is no genuine issue by United States Department of Justice re 19 Notice of filing, 18 MOTION for summary judgment (Attachments: # 1 Declaration with Exhibits 1 - 12)(Brown, Jane) (Entered: 09/18/2018)
2018-09-1822SUGGESTIONS in support re 18 MOTION for summary judgment Amended Memorandum and Points of Authorities in Support of Defendant's Motion for Summary Judgment filed by Jane Pansing Brown on behalf of Defendant United States Department of Justice. (Attachments: # 1 Vaughn Index)(Related document(s) 18 ) (Brown, Jane) (Entered: 09/18/2018)
2018-10-1523MOTION for extension of time to file response/reply to Defendant's Motion for Summary Judgment filed by Stephanie Sowers Sankar on behalf of Bryan E Sheppard. Suggestions in opposition/response due by 10/29/2018 unless otherwise directed by the court. (Sankar, Stephanie) (Entered: 10/15/2018)
2018-10-1524ORDER granting 23 Plaintiff's unopposed motion for extension of time to file response to 18 Defendant's motion for summary judgment, and file motion for summary judgment. Plaintiff's response to Defendant's motion for summary judgment shall be filed by no later than 11/15/2018. Defendant shall file its reply by no later than 12/14/2018. Plaintiff shall file a motion for summary judgment, if he deems necessary, by no later than 12/3/18. Defendant's response shall be filed by no later than 1/15/19, and Plaintiff's reply shall be filed by no later than 2/5/19. Signed on 10/1/5/2018 by District Judge Ortrie D. Smith. This is a TEXT ONLY ENTRY. No document is attached. (Kitsmiller, Julia) (Entered: 10/15/2018)
2018-11-1325MOTION for extension of time to file response/reply to Defendant's Motion for Summary Judgment filed by Stephanie Sowers Sankar on behalf of Bryan E Sheppard. Suggestions in opposition/response due by 11/27/2018 unless otherwise directed by the court. (Sankar, Stephanie) (Entered: 11/13/2018)
2018-11-1326ORDER granting 25 Plaintiff's unopposed motion for extension of time to file response to 18 Defendant's motion for summary judgment. Plaintiff shall file his response by no later than December 3, 2019. Defendant shall file its reply by no later than January 18, 2019. Plaintiff shall file a motion for summary judgment, if he deems necessary, by no later than December 3, 2019. Defendant's response shall be filed by no later than January 18, 2019. Plaintiff's reply shall be filed by no later than February 8, 2019. Additional requests for extensions of time may not be granted. Signed on 11/13/2018 by District Judge Ortrie D. Smith. This is a TEXT ONLY ENTRY. No document is attached. (Kitsmiller, Julia) (Entered: 11/13/2018)
2018-12-0327SUGGESTIONS in opposition to motion for summary judgment and CROSS Motion for Summary Judgment re 18 MOTION for summary judgment filed by Stephanie Sowers Sankar on behalf of Plaintiff Bryan E Sheppard. Defendant's Reply suggestions AND Suggestions in opposition due by 1/18/2019 as directed by Order No. 26. Plaintiff's Reply Suggestions re 27 due by 2/8/19 per Order No. 26 (Attachments: # 1 Plaintiff's Suggestions in Opposition to Defendant's Motion for Summary Judgment and in Support of Cross Motion for Summary Judgment, # 2 Declaration of Stephanie S. Sankar in Support of Plaintiff's Suggestions in Opposition to Defendant's Motion for Summary Judgment and in Support of Cross Motion for Summary Judgment)(Related document(s) 18 ) (Sankar, Stephanie) Modified by the Clerk's Office on 12/4/2018 to also reflect as Plaintiff's Cross Motion for Summary Judgment and to reflect the appropriate response deadlines as ordered by Order No. 26 (Houston, Kiambu). (Entered: 12/03/2018)
2018-12-04Set/Reset Deadlines as to 18 MOTION for summary judgment , 27 CROSS MOTION for summary judgment. Per Order Doc. 26 Suggestions in Opposition and Reply suggestions due by 1/18/2019. (Matthes Mitra, Renea) (Entered: 12/04/2018)
2019-01-1128MOTION for extension of time in light of US Government cessation filed by Jane Pansing Brown on behalf of United States Department of Justice. Suggestions in opposition/response due by 1/25/2019 unless otherwise directed by the court. (Brown, Jane) (Entered: 01/11/2019)
2019-01-2829ORDER granting 28 Defendant's unopposed motion for extension of time. Defendant shall file its response to Plaintiff's motion for summary judgment (Doc. #27) by no later than February 20, 2019, and Defendant shall file its reply in further support of its motion for summary judgment (Doc. #18) by no later than February 20, 2019. Plaintiff shall file his reply in further support of his motion for summary judgment within twenty-one days of Defendant's filed response. Absent extenuating circumstances, additional extensions of time likely will not be granted. Signed on 1/28/2019 by District Judge Ortrie D. Smith. This is a TEXT ONLY ENTRY. No document is attached. (Kitsmiller, Julia) (Entered: 01/28/2019)
2019-01-28Set/Reset Deadlines as to [18, 27] motions for summary judgment. Reply to Defendant's Motion for Summary Judgment due by 2/20/2019. Opposition to Plaintiff's Motion for Summary Judgment due by 2/20/19. Reply to Plaintiff's Motion for Summary Judgment due by 3/13/19. (Kitsmiller, Julia) (Entered: 01/28/2019)
2019-02-1930Due to the impending winter storm, the Government has requested a one-day extension of time to file its summary judgment briefing if its counsel is unable to commute to work or the office is closed due to the weather. Given these circumstances, the Court grants the Government's request. If necessary, the Government shall file its reply to its summary judgment motion and its response to Plaintiff's motion for summary judgment by no later than February 21, 2019. Plaintiff shall file his reply to his motion for summary judgment by no later than March 14, 2019. Signed on 2/19/19 by District Judge Ortrie D. Smith. This is a TEXT ONLY ENTRY. No document is attached. (Kitsmiller, Julia) (Entered: 02/19/2019)
2019-02-2031RESPONSE to motion re 27 CROSS MOTION for summary judgment and Reply to Plaintiff's Suggestions in Opposition to Motion for Summary Judgment filed by Jane Pansing Brown on behalf of Defendant United States Department of Justice. Reply suggestions due by 3/6/2019 unless otherwise directed by the court. (Brown, Jane) (Entered: 02/20/2019)
2019-02-20Reset Deadlines - Plaintiff's reply to his motion for summary judgment (Doc. #27) shall be filed by 3/14/2019 unless otherwise directed by the court. (Kitsmiller, Julia) (Entered: 02/20/2019)
2019-03-1432REPLY SUGGESTIONS to motion re 27 CROSS MOTION for summary judgment filed by Stephanie Sowers Sankar on behalf of Plaintiff Bryan E Sheppard. (Attachments: # 1 Affidavit)(Related document(s) 27 ) (Sankar, Stephanie) (Entered: 03/14/2019)
2019-04-1033ORDER directing Defendant to submit documents to the Court for in camera review by no later than April 24, 2019. Signed on 4/10/2019 by District Judge Ortrie D. Smith. (Kitsmiller, Julia) (Entered: 04/10/2019)
2019-04-2434MOTION for extension of time filed by Jane Pansing Brown on behalf of United States Department of Justice. Suggestions in opposition/response due by 5/8/2019 unless otherwise directed by the court. (Brown, Jane) (Entered: 04/24/2019)
2019-04-2435ORDER granting 34 Defendant's motion for extension of time to provide documents to the Court for in camera review. By no later than May 10, 2019, Defendant shall provide the documents identified in and comply with the Court's April 10, 2019 Order (Doc. #33). Signed on 4/24/2019 by District Judge Ortrie D. Smith. This is a TEXT ONLY ENTRY. No document is attached. (Kitsmiller, Julia) (Entered: 04/24/2019)
2019-05-0936NOTICE of filing In Camera Submission of Unredacted 2011 Memorandum and Accompanying Documents by United States Department of Justice re 33 Order (Brown, Jane) (Entered: 05/09/2019)
2019-08-0637ORDER entered by Judge Ortrie D. Smith denying 18 Defendant's motion for summary judgment and denying 27 Plaintiff's cross motion for summary judgment. Signed on 8/6/19 by District Judge Ortrie D. Smith. (Matthes Mitra, Renea) . Modified on 8/7/2019 Order replaced to correct an error on the final page. NEF regenerated.(Matthes Mitra, Renea). (Entered: 08/06/2019)
2019-08-2038MOTION for extension of time to file amended Vaughn index filed by Jeffrey P. Ray on behalf of United States Department of Justice. Suggestions in opposition/response due by 9/3/2019 unless otherwise directed by the court. (Ray, Jeffrey) (Entered: 08/20/2019)
2019-09-0539ORDER granting 38 Defendant's motion for extension of time to file its amended Vaughn index. Defendant shall file its amended Vaughn index by no later than October 18, 2019. Signed on 9/5/19 by District Judge Ortrie D. Smith. This is a TEXT ONLY ENTRY. No document is attached. (Kitsmiller, Julia) (Entered: 09/05/2019)
2019-10-1740NOTICE of filing of Amended Vaughn Index by United States Department of Justice (Attachments: # 1 Amended Vaughn Index)(Ray, Jeffrey) (Entered: 10/17/2019)
2019-10-2941ORDER SCHEDULING TELEPHONIC STATUS CONFERENCE. The Court will hold a telephone conference at 10:00 a.m. on November 18, 2019, to discuss the status of this matter. Lead counsel for the parties shall participate. To participate, counsel shall call 1-877-336-1274 and enter access code 2707681. Signed on 10/29/19 by District Judge Ortrie D. Smith. (Matthes Mitra, Renea) (Entered: 10/29/2019)
2019-11-1842Minute Entry. Proceedings held before District Judge Ortrie D. Smith: TELEPHONE CONFERENCE held on 11/18/2019. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea) (Entered: 11/18/2019)
2019-11-1843ORDER granting Defendant's request to process all documents, produce all documents, file an amended Vaughn index, and complete all necessary searches for documents by no later than February 14, 2020. Absent extenuating circumstances, the Court will not extend the deadline requested by Defendant. By no later than March 6, 2020, Plaintiff shall file something with the Court indicating whether Defendants search and production were adequate, the second amended Vaughn index provides sufficient information allowing Plaintiff to advocate his position, and/or the next procedural steps to be taken in this matter. Signed on 11/18/2019 by District Judge Ortrie D. Smith. (Kitsmiller, Julia) (Entered: 11/18/2019)
2020-02-1144NOTICE of filing regarding scope of FOIA search by United States Department of Justice re 43 Order,, (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Ray, Jeffrey) (Entered: 02/11/2020)
2020-02-1345NOTICE of filing of Amended Vaughn Index by United States Department of Justice re 43 Order,, (Attachments: # 1 Amended Vaugh Index)(Ray, Jeffrey) (Entered: 02/13/2020)
2020-03-0646NOTICE of filing Regarding Defendant's Recent Submissions Pursuant to November 18, 2019 Order by Bryan E Sheppard (Sankar, Stephanie) (Entered: 03/06/2020)
2020-03-1647ORDER DIRECTING DEFENDANT TO CONDUCT ADDITIONAL SEARCHES, FILE AN AMENDED DECLARATION AND SECOND AMENDED VAUGHN INDEX, PROVIDE A COMPLETE SET OF UNREDACTED DOCUMENTS TO THE COURT, AND PRODUCE DOCUMENTS TO PLAINTIFF. Signed on 3/16/20 by District Judge Ortrie D. Smith. (Matthes Mitra, Renea) (Entered: 03/16/2020)
2020-04-2048MOTION for extension of time to file response/reply as to 47 Order, filed by Jeffrey P. Ray on behalf of United States Department of Justice. Suggestions in opposition/response due by 5/4/2020 unless otherwise directed by the court. (Attachments: # 1 Attachment [Cunningham Declaration])(Related document(s) 47 ) (Ray, Jeffrey) (Entered: 04/20/2020)
2020-04-2049Order expediting deadline for Plaintiff's response to the Government's motion for extension of time (Doc. #48). Plaintiff shall file his response by no later than April 29, 2020. Signed on 4/20/20 by District Judge Ortrie D. Smith. (Kitsmiller, Julia) (Entered: 04/20/2020)
2020-04-2950SUGGESTIONS in opposition re 48 MOTION for extension of time to file response/reply as to 47 Order, filed by Stephanie Sowers Sankar on behalf of Plaintiff Bryan E Sheppard. Reply suggestions due by 5/13/2020 unless otherwise directed by the court. (Related document(s) 48 ) (Sankar, Stephanie) (Entered: 04/29/2020)
2020-04-3051ORDER granting 48 Defendant's motion for enlargement of time to comply with the Court's Order and directing Defendant to file weekly status reports. Signed on 4/30/2020 by District Judge Ortrie D. Smith. (Kitsmiller, Julia) (Entered: 04/30/2020)
2020-05-1152STATUS REPORT of the Department of Justice for the Period Ending May 11, 2020 by United States Department of Justice. (Ray, Jeffrey) (Entered: 05/11/2020)
2020-05-1853STATUS REPORT for week ending May 18, 2020 by United States Department of Justice. (Ray, Jeffrey) (Entered: 05/18/2020)
2020-05-2654STATUS REPORT for May 26, 2020 by United States Department of Justice. (Ray, Jeffrey) (Entered: 05/26/2020)
2020-06-0155STATUS REPORT for June 1, 2020 by United States Department of Justice. (Ray, Jeffrey) (Entered: 06/01/2020)
2020-06-0256ORDER directing Defendant to include detailed information about Defendant's searches for responsive documents in OIG, EOUSA, and ATF in its forthcoming status report. Signed on 6/2/20 by District Judge Ortrie D. Smith. (Kitsmiller, Julia) (Entered: 06/02/2020)
2020-06-0857STATUS REPORT for June 8, 2020 by United States Department of Justice. (Ray, Jeffrey) (Entered: 06/08/2020)
2020-06-1558STATUS REPORT for June 15, 2020 by United States Department of Justice. (Ray, Jeffrey) (Entered: 06/15/2020)
2020-06-1659ORDER directing Defendant to show cause by 6/22/2020. Signed on 6/16/2020 by District Judge Ortrie D. Smith. (Kitsmiller, Julia) (Entered: 06/16/2020)
2020-06-2260STATUS REPORT for June 22, 2020 and Response to Court's Order to Show Cause [Doc. 59] by United States Department of Justice. (Ray, Jeffrey) (Entered: 06/22/2020)
2020-06-2961STATUS REPORT for June 29, 2020 by United States Department of Justice. (Attachments: # 1 Exhibit ATF-1, # 2 Exhibit EOUSA-1)(Ray, Jeffrey) (Entered: 06/29/2020)
2020-07-0662STATUS REPORT for July 6, 2020 by United States Department of Justice. (Ray, Jeffrey) (Entered: 07/06/2020)
2020-07-1363STATUS REPORT for July 13, 2020 by United States Department of Justice. (Ray, Jeffrey) (Entered: 07/13/2020)
2020-07-2064NOTICE of filing of Amended Declaration and Amended Vaughn Index by United States Department of Justice re 47 Order, (Attachments: # 1 Attachment A [Amended Declaration w/ Exhibits], # 2 Attachment B [Second Amended Vaughn Index])(Ray, Jeffrey) (Entered: 07/20/2020)
2020-07-2065CERTIFICATE OF SERVICE by United States Department of Justice re 47 Order, certifying that a Second Amended FOIA Response (with documents) was served on plaintiff's counsel filed by Jeffrey P. Ray on behalf of Defendant United States Department of Justice. Related document: 47 Order,.(Ray, Jeffrey) (Entered: 07/20/2020)
2020-07-2166STATUS REPORT for July 21, 2020 by United States Department of Justice. (Ray, Jeffrey) (Entered: 07/21/2020)
2020-07-2767STATUS REPORT for the Week of July 27, 2020 by United States Department of Justice. (Ray, Jeffrey) (Entered: 07/27/2020)
2020-07-2768CERTIFICATE OF SERVICE by United States Department of Justice of Third Amended FOIA Response and Notice of Submission of Additional Documents for In Camera Review filed by Jeffrey P. Ray on behalf of Defendant United States Department of Justice.(Ray, Jeffrey) (Entered: 07/27/2020)
2020-08-0369STATUS REPORT for the Week of August 3, 2020 by United States Department of Justice. (Ray, Jeffrey) (Entered: 08/03/2020)
2020-08-1070STATUS REPORT for August 10, 2020 by United States Department of Justice. (Ray, Jeffrey) (Entered: 08/10/2020)
2020-08-1471NOTICE of filing by United States Department of Justice (Attachments: # 1 Attachment A [Amended Declaration, August 14, 2020], # 2 Attachment B [Amended Vaughn Index, August 14, 2020]])(Ray, Jeffrey) (Entered: 08/14/2020)
2020-08-1472ORDER directing Plaintiff to identify documents he believes were wrongfully withheld and what portions of documents were improperly redacted by no later than August 19, 2020. Signed on 8/14/20 by District Judge Ortrie D. Smith. (Kitsmiller, Julia) (Entered: 08/14/2020)
2020-08-1973NOTICE of filing Plaintiff's Response to the Court's August 14, 2020 Order, Motion for Leave to Seek Sanctions Against Defendant, and Motion for Leave to Seek Attorney's Fees and Costs by Bryan E Sheppard (Attachments: # 1 Exhibit A)(Sankar, Stephanie) (Entered: 08/19/2020)
2020-08-2174ORDER directing Defendant to file a declaration and show cause by no later than August 26, 2020. Signed on 8/21/20 by District Judge Ortrie D. Smith. (Kitsmiller, Julia) (Entered: 08/21/2020)
2020-08-2675RESPONSE to order re 74 Order filed by Jeffrey P. Ray on behalf of Defendant United States Department of Justice. (Attachments: # 1 Attachment A [Criminal Division], # 2 Attachment B [EOUSA], # 3 Attachment C [ATF], # 4 Attachment D [DOJ-OIG])(Related document(s) 74 ) (Ray, Jeffrey) (Entered: 08/26/2020)
2020-08-2776ORDER addressing Defendant's recent filings, status of matter, and outstanding issues to be addressed. Signed on 8/27/20 by District Judge Ortrie D. Smith. (Kitsmiller, Julia) (Main Document 76 replaced on 8/28/2020 to correct typo) (Jones, Robin). (Entered: 08/27/2020)
2020-08-2877ORDER OF RECUSAL. Signed on 8/27/20 by District Judge Ortrie D. Smith. (Kern, Kendra) (Entered: 08/28/2020)
2020-08-2878ORDER TRANSFERRING/REASSIGNING CASE. Case reassigned to District Judge Nanette K. Laughrey for all further proceedings. District Judge Ortrie D. Smith no longer assigned to case. Please note the new case number 17-cv-01037-NKL. Signed on 8/28/20 by Clerk of Court. This is a TEXT ONLY ENTRY. No document is attached. (Kern, Kendra) (Entered: 08/28/2020)
2020-09-1079ORDER by Judge Nanette K. Laughrey. On August 27, 2020, the Honorable Ortrie D. Smith entered an order recounting, among other things, several issues that remain for Defendant to address. Doc. 76 . Accordingly, the Court ORDERS Defendant to provide a status update on or before September 24, 2020, specifying the steps that Defendant has taken to address each of those outstanding issues. Insofar as Defendant has additional documents to provide to the Court for review, in camera or otherwise, those documents must be furnished on or before the same date. Signed on September 10, 2020, by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Sreeprakash, Netra) (Entered: 09/10/2020)
2020-09-2480RESPONSE to order re 79 Order,, filed by Jeffrey P. Ray on behalf of Defendant United States Department of Justice. (Attachments: # 1 Signed ATF affidavit)(Related document(s) 79 ) (Ray, Jeffrey) (Entered: 09/24/2020)
2020-11-1781ORDER entered by Judge Nanette K. Laughrey. A Telephone Conference is set for 11/19/2020 at 10:00 AM regarding the status of the case. The parties shall call conference number 877-336-1274, access code 2707681 to participate. Signed on 11/17/20 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea) (Entered: 11/17/2020)
2020-11-1882STATUS REPORT [Updated for 11/18 Teleconference] by United States Department of Justice. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Ray, Jeffrey) (Entered: 11/18/2020)
2020-11-1983MINUTE ENTRY. Teleconference held before the Honorable Nanette K. Laughrey on November 19, 2020 regarding the status of the case. The Court asked when the Defendant's productions and responses will be complete. Mr. Ray stated that he believes he will be able to certify that all searches are complete by December 4, 2020. The Court asked the Plaintiff to identify items not produced by Defendant. Plaintiff requested that the August 26, 2020 declarations be updated to reflect the additional steps taken since those declarations were finalized, that the Vaughn index or indices be updated, and that a full set of documents that have been withheld or redacted since Defendant's last production for in camera review be provided without redactions to the Court. The Court ordered Defendant by December 3, 2020 to (1) complete production to Plaintiff of all documents responsive to the FOIA request that are not withheld or redacted, (2) provide an updated Vaughn index for each division or component of the DOJ responding to the request; (3) furnish to the Court for in camera review, in electronic format and organized in accordance with the Vaughn index supplied for each DOJ division or component, a complete, unredacted set of the responsive documents that have been withheld or redacted. The Court further ordered the parties to work together to submit a proposed schedule for briefing with respect to disputed exemptions and Plaintiffs' motion for sanctions and attorneys' fees and costs. The parties may build time into the proposed schedule for negotiating their disputes with regard to these matters. Appearances: Plaintiff by Megan Egli and Stephanie Sowers Sankar; Defendant by Jeffrey Ray. Court Reporter: Katie Wirt. Courtroom Deputy: Renea Matthes Mitra.To order a transcript of this hearing please contact Katie Wirt, 816-512-5608, katie_wirt@mow.uscourts.gov. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea) (Entered: 11/19/2020)
2020-12-0384RESPONSE to order re 81 Order, and resulting Minute Entry 83 filed by Jeffrey P. Ray on behalf of Defendant United States Department of Justice. (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)(Related document(s) 81 ) (Ray, Jeffrey) (Entered: 12/03/2020)
2020-12-0985SCHEDULING ORDER entered by Judge Nanette K. Laughrey. The Court adopts the parties' proposed scheduling order, with certain modifications. January 15, 2021: Deadline for Plaintiff to identify all improperly redacted or withheld documents to date (and not merely a supplement) and to file his motion for sanctions, his request for attorneys' fees, and supporting suggestions. See Doc. 76 (Order permitting Plaintiff to file such motions). January 29, 2021: Deadline for Defendant to file opposing suggestions to Plaintiff's motion for sanctions and request for attorneys' fees. See L.R. 7.0(c)(2). February 12, 2021: Deadline for Plaintiff to file reply suggestions in support of his motion for sanctions and request for attorneys' fees. See L.R. 7.0(c)(3). (Sreeprakash, Netra) (Entered: 12/09/2020)
2021-01-1586MOTION for attorney fees and for sanctions filed by Megan Egli on behalf of Bryan E Sheppard. Suggestions in opposition/response due by 1/29/2021 unless otherwise directed by the court. (Egli, Megan) (Entered: 01/15/2021)
2021-01-1587SUGGESTIONS in support re 86 MOTION for attorney fees and for sanctions filed by Megan Egli on behalf of Plaintiff Bryan E Sheppard. (Related document(s) 86 ) (Egli, Megan) (Entered: 01/15/2021)
2021-01-1588NOTICE of filing Identification of Specific Documents That Have Been Improperly Redacted or Withheld by the Department of Justice by Bryan E Sheppard (Egli, Megan) (Entered: 01/15/2021)
2021-01-2989RESPONSE to order re 85 Scheduling Order,,, and response to Plaintiff's Identification of Documents Allegedly Improperly Withheld and/or Redacted [Doc. 88] filed by Jeffrey P. Ray on behalf of Defendant United States Department of Justice. (Attachments: # 1 First Interim Response, # 2 Second Interim Response, # 3 Third Interim Response, # 4 Fourth Interim Response, # 5 Fifth Interim Response, # 6 Sixth Interim Response, # 7 Final Response)(Related document(s) 85 ) (Ray, Jeffrey) (Entered: 01/29/2021)
2021-01-2990SUGGESTIONS in opposition re 86 MOTION for attorney fees and for sanctions filed by Jeffrey P. Ray on behalf of Defendant United States Department of Justice. Reply suggestions due by 2/12/2021 unless otherwise directed by the court. (Related document(s) 86 ) (Ray, Jeffrey) (Entered: 01/29/2021)
2021-02-0391ORDER entered by Judge Nanette K. Laughrey. A Telephone Conference is set for 2/4/2021 at 03:00 PM regarding Plaintiff's identification of specific documents that have been improperly redacted or withheld by the Department of Justice, Doc. 88. The parties shall call conference number 877-336-1274, access code 2707681 to participate. Signed on 2/3/21 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea) (Entered: 02/03/2021)
2021-02-0492MINUTE ENTRY. Teleconference held before the Honorable Nanette K. Laughrey on February 4, 2021 regarding Plaintiff's identification of specific documents that have been improperly redacted or withheld by the Department of Justice, Doc. 88. Ms. Egli stated that Plaintiff is not waiting on any further identification of documents. Ms. Egli raised an issue regarding Defendant filing a substantive brief last week that was not contemplated by the Scheduling Order and stated that the brief improperly raised argument and new case citations akin to a motion for summary judgment. The Court will construe this issue raised by Plaintiff as a motion to strike Defendant's brief on the grounds it is outside the scheduling order and authorization of Judge Smith's previous orders. The Court takes the matter under advisement and if additional briefing is needed the Court will inform the parties. Appearances: Plaintiff by Megan Egli; Defendant by Jeffrey Ray. Court Reporter: None. Courtroom Deputy: Renea Matthes Mitra. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea) (Entered: 02/04/2021)
2021-02-1293REPLY SUGGESTIONS to motion re 86 MOTION for attorney fees and for sanctions filed by Megan Egli on behalf of Plaintiff Bryan E Sheppard. (Related document(s) 86 ) (Egli, Megan) (Entered: 02/12/2021)
2021-03-04ORDER entered by Judge Nanette K. Laughrey. A Telephone Conference is set for 03/05/2021 at 10:00 AM regarding redacted documents produced to Plaintiff. The parties shall call conference number 877-336-1828, access code: 8503666 to participate. Signed on March 4, 2021 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Opalach, Tessa) (Entered: 03/04/2021)
2021-03-0594***AMENDED*** ORDER entered by Judge Nanette K. Laughrey. A Telephone Conference is reset for 03/05/2021 at 1:00 PM regarding redacted documents produced to Plaintiff. The parties shall call conference number 877-336-1828, access code: 8503666 to participate. Signed on 03/05/2021 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Lock, Tania) (Entered: 03/05/2021)
2021-03-0595MINUTE ENTRY. Teleconference held on March 5, 2021 before the Honorable Nanette K. Laughrey regarding redacted documents produced to Plaintiff. Court ordered Defendant to file copies of the redacted documents as produced to Plaintiff most recently. Defendant must file the copies no later than March 10, 2021. Appearances: Plaintiff by Megan Egli. Defendant by Jeffrey Ray. Court Reporter: Regina Lambrecht. Courtroom Deputy: Tania Lock. Time in Court: 1:01 pm 1:07 pm. To order a transcript of this hearing please contact Reggie Lambrecht, 816-512-5623, regina_lambrecht@mow.uscourts.gov. This is a TEXT ONLY ENTRY. No document is attached. (Lock, Tania) (Entered: 03/05/2021)
2021-03-1096RESPONSE to order re 94 Order, filed by Jeffrey P. Ray on behalf of Defendant United States Department of Justice. (Attachments: # 1 Exhibit A [Criminal Division], # 2 Exhibit B [OIG], # 3 Exhibit C [EOUSA], # 4 Exhibit D [ATF])(Related document(s) 94 ) (Ray, Jeffrey) (Entered: 03/10/2021)
2021-03-1597ORDER entered by Judge Nanette K. Laughrey. Oral Argument will be presented regarding Plaintiff's identification of documents allegedly improperly withheld or redacted, Doc 88 , and the DOJ's claimed exemptions on 04/07/2021 at 10:00 AM by Video Teleconference. The parties will be provided the information needed to connect to the conference by email. Signed on 03/15/2021 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Lock, Tania) (Entered: 03/15/2021)
2021-04-0698***AMENDED***ORDER entered by Judge Nanette K. Laughrey RESETTING oral argument via Teleconference on 04/07/2021 at 10:00 am. The parties shall call conference number 877-336-1274, access code: 2707681 to participate. Signed on 04/06/2021 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Lock, Tania) (Entered: 04/06/2021)
2021-04-0799Teleconference held on April 7, 2021 before the Honorable Nanette K. Laughrey regarding Plaintiffs identification of documents allegedly improperly withheld or redacted, Doc. 88 , and the DOJs claimed exemptions. Oral argument presented by parties. The Court will enter a separate Show Cause Order regarding the DOJs incomplete March 10, 2021 filing of redacted documents, Doc. 96 , and the numbering inconsistencies in the Vaughn index. The Court granted Plaintiffs oral motion to strike the DOJs renewed motion for summary judgment. Counsel for Plaintiff: Megan Egli; Counsel for Defendant: Jeffrey P. Ray. Court Reporter: Gayle Wambolt. Courtroom Deputy: Tania Lock. Time in Court: 10:02 am 10:41 am.To order a transcript of this hearing please contact Gayle Wambolt, 816-512-5641, gayle_wambolt@mow.uscourts.gov. This is a TEXT ONLY ENTRY. No document is attached. (Lock, Tania) (Entered: 04/07/2021)
2021-04-15100ORDER entered by Judge Nanette K. Laughrey. Show Cause Response due by April 23, 2021. Signed on April 15, 2021 by District Judge Nanette K. Laughrey. (Opalach, Tessa) (Entered: 04/15/2021)
2021-04-23101RESPONSE to order re 100 Order to Show Cause filed by Jeffrey P. Ray on behalf of Defendant United States Department of Justice. (Attachments: # 1 Exhibit A [Cunningham Declaration], # 2 Exhibit B [Supplemental Vaugh Index], # 3 Exhibit C [Criminal Division Docs. 1-165], # 4 Exhibit D [Criminal Division Docs. 166-521], # 5 Exhibit E [Criminal Division Docs. 622-28])(Related document(s) 100 ) (Ray, Jeffrey) (Entered: 04/23/2021)
2021-04-26102MOTION for order substituting exhibits re 101 Response to order, filed by Jeffrey P. Ray on behalf of United States Department of Justice. Suggestions in opposition/response due by 5/10/2021 unless otherwise directed by the court. (Attachments: # 1 Exhibit C [Criminal Division Docs 1-165] [REPLACEMENT EXHIBIT], # 2 Exhibit D [Criminal Division Docs 166-521] [REPLACEMENT EXHIBIT])(Related document(s) 101 ) (Ray, Jeffrey) (Entered: 04/26/2021)
2021-05-03103ORDER entered by Judge Nanette K. Laughrey. On April 23, 2021 Defendant filed documents previously produced to Sheppard in Exhibit C, Doc. 101-3, and Exhibit D, Doc. 101-4, of its response to the Court's show cause order. Doc. 100 . Defendant now seeks to replace and substitute revised versions of Exhibit C and Exhibit D. Doc. 102 . Defendant's motion for order substituting exhibits, Doc. 102 , is granted. In its consideration of the case, the Court will rely on Docs. 102-1 (Exhibit C) and 102-2 (Exhibit D). Signed on May 3, 2021 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Opalach, Tessa) (Entered: 05/03/2021)
2021-09-21104ORDER entered by Judge Nanette K. Laughrey. After review of the parties' respective arguments in favor of summary judgment (Doc. 17; Doc. 27), the court GRANTS summary judgment in part to each party. The Department of Justice shall produce all documents required by this Order on or before November 22, 2021. Signed on 9/21/2021 by District Judge Nanette K. Laughrey. (Gassen, Austin) (Entered: 09/21/2021)
2021-09-21105ORDER entered by Judge Nanette K. Laughrey. Mr. Sheppard's 86 Motion for Attorney's Fees and Sanctions is hereby GRANTED in part and DENIED in part. Mr. Sheppard shall file a calculation of his reasonable attorney's fees and costs and supporting materials on or before October 6, 2021. The DOJ shall file a response to that request on or before October 20, 2021. Signed on 9/21/2021 by District Judge Nanette K. Laughrey. (Gassen, Austin) (Entered: 09/21/2021)
2021-09-30106CLERK'S JUDGMENT (Lock, Tania) (Entered: 10/01/2021)
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