Case Detail

FOIA Project Annotation: Judge Timothy Kelly has ruled that the DEA conducted an adequate search for records in response to a request from Barbara Kowal, a paralegal at the Federal Defender for the Middle District of Florida, for records concerning Daniel Troya, a capital defendant that the Federal Defender was representing in his post-conviction hearing, and several of Troya's co-defendants. The agency located 418 pages responsive to Kowal's request and disclosed some heavily redacted records with multiple exemption claims. Kowal challenged the adequacy of the agency's search, arguing that the DEA had not used Troya's known alias and that its search had failed to produce any of the 200 items she already had in her possession. Kelly noted that the agency's primary database "only indexes individuals by name, Social Security Number, or date of birth so a search by name and birth date is 'reasonably calculated to uncover all relevant documents.' While including the alias â€" if that was even technically feasible â€" might have made the search even more thorough, omitting the alias did not make the search unreasonable, especially considering the 'unique, identifying terms already used.'" Kelly indicated that the fact the Kowal had other items about Troya did not undermine the reasonableness of the agency's search. He pointed out that "she has not explained why, merely because she has them, DEA must also still have them such that it could produce them in response to a FOIA request. Thus, the items themselves do not show that the search was inadequate. The DEA may simply not have them, or, even if it does 'a reasonable and thorough search may have missed them' for whatever reason." Kelly agreed with Kowal that the agency's Vaughn index was insufficient. He observed that "on this record, the Court has no way to tell which portions of the document DEA asserts are subject to which exemption or combination of exemptions. The Court must be able to understand with more particularity which portions the DEA seeks to withhold under the various exemptions claimed."
Issues: Adequacy - Search, Litigation - Vaughn index

Date Filed	Doc #	Docket Text
2018-04-20	1	COMPLAINT against ALL DEFENDANTS (Fee Status:Filing Fee Waived) filed by BARBARA KOWAL. (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 Exhibit J, # 11 Exhibit K, # 12 Summons, # 13 Summons, # 14 Civil Cover Sheet)(Doss, Donald) (Attachment 14 replaced on 4/23/2018) (zmd). (Entered: 04/20/2018)
2018-04-20		Case Assigned to Judge Timothy J. Kelly. (zmd) (Entered: 04/23/2018)
2018-04-24	2	SUMMONS (2) Issued Electronically as to DRUG ENFORCEMENT AGENCY, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Notice and Consent) (zmd) (Entered: 04/24/2018)
2018-04-24		SUMMONS Not Issued as to U.S. Attorney, U.S. Attorney General. (zmd) (Entered: 04/24/2018)
2018-05-15		MINUTE ORDER: It has come to the Court's attention that Plaintiff has not paid the required filing fee to the Clerk of Court. It is hereby ORDERED that Plaintiff shall, by May 22, 2018, either pay the filing fee or submit an application explaining why the fee should be waived. Signed by Judge Timothy J. Kelly on 5/15/2018. (lctjk2) (Entered: 05/15/2018)
2018-05-15	3	MOTION Waive Filing Fee by BARBARA KOWAL (Doss, Donald) (Entered: 05/15/2018)
2018-05-25		ORDER granting Plaintiff's 3 Motion to Waive Filing Fee. It is hereby ORDERED that the motion is GRANTED. The Clerk of Court is directed to waive the filing fee in this action. Signed by Judge Timothy J. Kelly on 5/25/2018. (lctjk2) (Entered: 05/25/2018)
2018-07-17	4	SUMMONS (4) Issued as to DRUG ENFORCEMENT AGENCY, UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General. (ztl) (Entered: 07/17/2018)
2018-07-23	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/20/2018. Answer due for ALL FEDERAL DEFENDANTS by 8/19/2018. (tth) (Entered: 07/24/2018)
2018-07-24	5	ORDER. In order to avoid a mandatory dismissal of this action, on or before August 31, 2018, Plaintiff shall either (1) cause process to be served upon Defendants and file proof of service with the Court, or (2) file a motion to enlarge time to serve process and show good cause, if any, for failure to serve process in a timely fashion. See Order for details. Signed by Judge Timothy J. Kelly on 7/24/2018. (lctjk2) (Entered: 07/24/2018)
2018-07-25	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DRUG ENFORCEMENT AGENCY served on 7/25/2018. (tth) (Entered: 07/26/2018)
2018-07-30	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/30/2018. RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 7/30/2018. (tth) (Entered: 07/31/2018)
2018-08-10	9	NOTICE of Appearance by Denise M. Clark on behalf of All Defendants (Clark, Denise) (Entered: 08/10/2018)
2018-08-10	10	Unopposed MOTION for Extension of Time to Respond to Complaint by DRUG ENFORCEMENT AGENCY, UNITED STATES DEPARTMENT OF JUSTICE (Clark, Denise) (Entered: 08/10/2018)
2018-08-13		MINUTE ORDER granting Defendants' 10 Motion for Extension of Time. It is hereby ORDERED, for good cause shown, that Defendants' motion is GRANTED. Defendants shall answer or otherwise respond to the complaint by October 19, 2018. Signed by Judge Timothy J. Kelly on 8/13/2018. (lctjk2) (Entered: 08/13/2018)
2018-09-20	11	NOTICE of Appearance by Stephen Michael Kissinger on behalf of MICHAEL R. CHAVIS (Kissinger, Stephen) (Entered: 09/20/2018)
2018-09-20	12	MOTION to Intervene by MICHAEL R. CHAVIS (Attachments: # 1 Attachment A: FOIA letter to DEA dated Sept. 11, 2018, # 2 Text of Proposed Order Attachment B: Proposed Order)(Kissinger, Stephen) (Entered: 09/20/2018)
2018-10-04	13	Memorandum in opposition to re 12 MOTION to Intervene filed by DRUG ENFORCEMENT AGENCY, UNITED STATES DEPARTMENT OF JUSTICE. (Clark, Denise) (Entered: 10/04/2018)
2018-10-11	14	REPLY to opposition to motion re 12 MOTION to Intervene filed by MICHAEL R. CHAVIS. (Attachments: # 1 Exhibit DOJ response letter)(Kissinger, Stephen) (Entered: 10/11/2018)
2018-10-19	15	ANSWER to Complaint by DRUG ENFORCEMENT AGENCY, UNITED STATES DEPARTMENT OF JUSTICE.(Clark, Denise) (Entered: 10/19/2018)
2018-10-19		MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall meet, confer, and file a joint proposed schedule for briefing or disclosure by November 9, 2018. Signed by Judge Timothy J. Kelly on 10/19/2018. (lctjk2) (Entered: 10/19/2018)
2018-11-09	16	Joint STATUS REPORT by MICHAEL R. CHAVIS, DRUG ENFORCEMENT AGENCY, UNITED STATES DEPARTMENT OF JUSTICE. (Clark, Denise) (Entered: 11/09/2018)
2018-11-09		MINUTE ORDER: In light of the parties' 16 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report, including, if necessary, a proposed briefing schedule, by January 11, 2019. Signed by Judge Timothy J. Kelly on 11/9/2018. (lctjk2) (Entered: 11/09/2018)
2018-11-13		MINUTE ORDER denying without prejudice Movant's 12 Motion to Intervene. It is hereby ORDERED that Movant Michael Chavis's motion to intervene is DENIED WITHOUT PREJUDICE for failure to include an accompanying pleading as required by Fed. R. Civ. P. 24(c) and LCvR 7(j). Should Movant decide to file a renewed motion to intervene, that motion, in addition to complying with the applicable procedural requirements, shall address the following: (1) whether and how Movant has exhausted his administrative remedies under FOIA such that he may maintain a FOIA cause of action in this Court, and whether such exhaustion is necessary for him to intervene; (2) the effect, if any, of Nuesse v. Camp , 385 F.2d 694 (D.C. Cir. 1967) and its progeny on his right to intervene; and (3) whether Movant's interests in this action would adequately be served by participating as an amicus curiae. Signed by Judge Timothy J. Kelly on 11/13/2018. (lctjk2) (Entered: 11/13/2018)
2019-01-10	17	Unopposed MOTION to Stay in Light of Lapse in Appropriations by DRUG ENFORCEMENT AGENCY, UNITED STATES DEPARTMENT OF JUSTICE (Clark, Denise) (Entered: 01/10/2019)
2019-01-10		MINUTE ORDER: It is hereby ORDERED that the deadline set forth in the Court's Minute Order of November 9, 2018, to submit a joint status report, including, if necessary, a proposed briefing schedule, is extended to February 7, 2019. Signed by Judge Timothy J. Kelly on 1/10/2019. (lctjk2) (Entered: 01/10/2019)
2019-01-29		MINUTE ORDER denying Defendants' 17 Unopposed Motion to Stay. In light of the restoration of funds to the Department of Justice, it is hereby ORDERED that Defendants' motion is DENIED AS MOOT. Signed by Judge Timothy J. Kelly on 1/29/2019. (lctjk2) (Entered: 01/29/2019)
2019-02-07	18	Joint STATUS REPORT by DRUG ENFORCEMENT AGENCY, UNITED STATES DEPARTMENT OF JUSTICE. (Clark, Denise) (Entered: 02/07/2019)
2019-02-08		MINUTE ORDER: In light of the parties' 18 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report, including, if necessary, a proposed briefing schedule, by April 8, 2019. Signed by Judge Timothy J. Kelly on 2/8/2019. (lctjk2) (Entered: 02/08/2019)
2019-04-08	19	Joint STATUS REPORT by DRUG ENFORCEMENT AGENCY, UNITED STATES DEPARTMENT OF JUSTICE. (Clark, Denise) (Entered: 04/08/2019)
2019-04-09		MINUTE ORDER: In light of the parties' 19 Joint Status Report, it is hereby ORDERED that the following schedule shall govern further proceedings: Defendants shall file their motion for summary judgment by June 17, 2019; Plaintiff shall file her consolidated opposition to Defendants' motion and cross-motion for summary judgment by August 16, 2019; Defendants shall file their consolidated reply and opposition to Plaintiff's cross-motion by October 29, 2019; and Plaintiff shall file her reply by December 20, 2019. Signed by Judge Timothy J. Kelly on 4/9/2019. (lctjk2) (Entered: 04/09/2019)
2019-06-17	20	MOTION for Summary Judgment by DRUG ENFORCEMENT AGENCY, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration Hertel Declaration, # 2 Exhibit June 15, 2015 letter, # 3 Exhibit June 25, 2015 Letter, # 4 Exhibit June 29, 2015 letter, # 5 Exhibit June 30, 2015 letter, # 6 Exhibit Sept. 30, 2015 letter, # 7 Exhibit Oct. 22, 2015 letter, # 8 Exhibit Dec 15, 2015 letter, # 9 Exhibit Mar 28, 2016 letter, # 10 Exhibit Dec 10 2015 letter, # 11 Exhibit Apr 14, 2016 letter, # 12 Exhibit Nov. 5, 2018 email, # 13 Exhibit Feb. 15, 2019 letter, # 14 Exhibit Vaughn Index 1, # 15 Exhibit Vaughn Index 2)(Clark, Denise) (Entered: 06/17/2019)
2019-08-14	21	MOTION for Extension of Time to File a Combined Opposition to Defendant's Motion for Summary Judgment and Cross-Motion for Summary Judgment by BARBARA KOWAL (Attachments: # 1 Text of Proposed Order Proposed Order)(Doss, Donald) (Entered: 08/14/2019)
2019-08-16		MINUTE ORDER granting Plaintiff's 21 Unopposed Motion for Extension of Time. It is hereby ORDERED, for good cause shown, that Plaintiff's motion is GRANTED. The following schedule shall govern further proceedings: Plaintiff shall file her consolidated opposition to Defendants' 20 Motion for Summary Judgment and cross-motion for summary judgment by August 30, 2019; Defendants shall file their consolidated reply and opposition to Plaintiff's cross-motion by November 12, 2019; and Plaintiff shall file her reply by January 3, 2020. Signed by Judge Timothy J. Kelly on 8/16/2019. (lctjk2) (Entered: 08/16/2019)
2019-08-16		Set/Reset Deadlines: Reply to Cross Motions due by 1/3/2020. (zcal) (Entered: 08/16/2019)
2019-08-29	22	Unopposed MOTION for Extension of Time to File A Combined Opposition to Defendant's Motion for Summary Judgment and Cross-Motion for Summary Judgment by BARBARA KOWAL (Attachments: # 1 Proposed Order)(Doss, Donald) (Entered: 08/29/2019)
2019-08-29		MINUTE ORDER granting in part Plaintiff's 21 Unopposed Motion for Extension of Time. It is hereby ORDERED, for good cause shown, that Plaintiff's motion is GRANTED IN PART. The following schedule shall govern further proceedings: Plaintiff shall file her consolidated opposition to Defendants' 20 Motion for Summary Judgment and cross-motion for summary judgment by September 13, 2019; Defendants shall file their consolidated reply and opposition to Plaintiff's cross-motion by November 26, 2019; and Plaintiff shall file her reply by January 17, 2020. Signed by Judge Timothy J. Kelly on 8/29/2019. (lctjk2) (Entered: 08/29/2019)
2019-09-03		Set/Reset Deadlines: Plaintiff's cross-motion for summary judgment due by 9/13/2019. (kh) (Entered: 09/03/2019)
2019-09-13	23	MOTION for Summary Judgment / Plaintiffs Combined Opposition to Defendants Motion for Summary Judgment and Cross-Motion for Summary Judgment by BARBARA KOWAL (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 Errata I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Doss, Donald) (Entered: 09/13/2019)
2019-09-13	24	Memorandum in opposition to re 20 MOTION for Summary Judgment / Plaintiffs Combined Opposition to Defendants Motion for Summary Judgment and Cross-Motion for Summary Judgment filed by BARBARA KOWAL. (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 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Doss, Donald) (Entered: 09/13/2019)
2019-09-16	25	ERRATA by DRUG ENFORCEMENT AGENCY, UNITED STATES DEPARTMENT OF JUSTICE 20 MOTION for Summary Judgment filed by DRUG ENFORCEMENT AGENCY, UNITED STATES DEPARTMENT OF JUSTICE. (Clark, Denise) (Entered: 09/16/2019)
2019-09-16	26	NOTICE of Filing of Statement of Undisputed Material Facts by DRUG ENFORCEMENT AGENCY, UNITED STATES DEPARTMENT OF JUSTICE re 25 Errata, 20 MOTION for Summary Judgment (Clark, Denise) (Entered: 09/16/2019)
2019-11-22	27	NOTICE of Filing Exhibits by BARBARA KOWAL re 23 MOTION for Summary Judgment / Plaintiffs Combined Opposition to Defendants Motion for Summary Judgment and Cross-Motion for Summary Judgment (Attachments: # 1 Exhibit N - David Weeks, # 2 Exhibit O - Malik Malino, # 3 Exhibit P - Kevin Vetere, # 4 Exhibit Q - Mario Calderon, # 5 Exhibit R - Carlos Rodriguez)(Doss, Donald) (Entered: 11/22/2019)
2019-11-26	28	Memorandum in opposition to re 23 MOTION for Summary Judgment / Plaintiffs Combined Opposition to Defendants Motion for Summary Judgment and Cross-Motion for Summary Judgment filed by DRUG ENFORCEMENT AGENCY, UNITED STATES DEPARTMENT OF JUSTICE. (Jackson, Michelle) (Entered: 11/26/2019)
2019-11-26	29	REPLY to opposition to motion re 20 MOTION for Summary Judgment filed by DRUG ENFORCEMENT AGENCY, UNITED STATES DEPARTMENT OF JUSTICE. (Jackson, Michelle) (Entered: 11/26/2019)
2019-11-26	30	NOTICE OF SUBSTITUTION OF COUNSEL by Michelle D. Jackson on behalf of All Defendants Substituting for attorney Denise M. Clark (Jackson, Michelle) (Entered: 11/26/2019)
2020-01-16	31	Unopposed MOTION for Extension of Time to File Response/Reply by BARBARA KOWAL (Doss, Donald) (Entered: 01/16/2020)
2020-01-16		MINUTE ORDER granting Plaintiff's 31 Unopposed Motion for Extension of Time. It is hereby ORDERED, for good cause shown, that Plaintiff's motion is GRANTED. Plaintiff shall file her reply in support of her 23 cross-motion for summary judgment by January 30, 2020. Signed by Judge Timothy J. Kelly on 1/16/20. (lctjk2) (Entered: 01/16/2020)
2020-01-17		Set/Reset Deadlines: Plaintiff Reply In Support Of 23 Cross-Motion For Summary Judgment due by 1/30/2020. (mac) (Entered: 01/17/2020)
2020-01-30	32	REPLY to opposition to motion re 20 MOTION for Summary Judgment Plaintiff's Reply to Defendants' Response to Cross-Motion for Summary Judgment filed by BARBARA KOWAL. (Attachments: # 1 Exhibit Indictment)(Doss, Donald) (Entered: 01/30/2020)
2020-05-15	33	NOTICE OF SUBSTITUTION OF COUNSEL by Kristin Brudy-Everett on behalf of All Defendants Substituting for attorney Michelle D. Jackson (Brudy-Everett, Kristin) (Entered: 05/15/2020)
2020-06-01	34	MEMORANDUM OPINION AND ORDER granting Defendants' 20 Motion for Summary Judgment as to the adequacy of the search, denying Plaintiff's 23 Cross-Motion for Summary Judgment as to the adequacy of the search, denying without prejudice both motions in all other respects, and ordering the parties to submit a joint schedule for briefing renewed motions by June 15, 2020. Signed by Judge Timothy J. Kelly on 6/1/20. (lctjk2) (Entered: 06/01/2020)
2020-06-16		MINUTE ORDER: On June 1, 2020, the Court ordered the parties to "submit a joint schedule for briefing renewed motions for summary judgment by June 15, 2020." ECF No. 34 at 11. They have failed to do so. Accordingly, it is hereby ORDERED that by June 19, 2020, the parties shall file their joint submission or show cause why this case should not be dismissed for want of prosecution. Signed by Judge Timothy J. Kelly on 6/16/20. (lctjk2) Modified to correct deadline date on 6/16/2020 (zkh). (Entered: 06/16/2020)
2020-06-16	35	Joint STATUS REPORT on Proposed Briefing Schedule by DRUG ENFORCEMENT AGENCY, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 06/16/2020)
2020-06-17		MINUTE ORDER: Upon consideration of the parties' 35 joint status report, it is hereby ORDERED that that the following schedule will govern further proceedings: (1) Defendants shall file their motion for summary judgment by September 1, 2020; (2) Plaintiff shall file her opposition to Defendants' motion and her cross-motion by October 2, 2020; (3) Defendants shall file their opposition to Plaintiff's cross-motion and their reply in support of their motion by November 2, 2020; and (4) Plaintiff shall file her reply in support of her cross-motion by December 2, 2020. Signed by Judge Timothy J. Kelly on 6/17/20. (lctjk2) (Entered: 06/17/2020)
2020-09-01	36	MOTION for Summary Judgment by DRUG ENFORCEMENT AGENCY, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Exhibit 1 - Declaration of Angela D. Hertel, # 2 Exhibit 2 - Vaughn Index I, # 3 Exhibit 3 - Vaughn Index II)(Brudy-Everett, Kristin) (Entered: 09/01/2020)
2020-09-28	37	Unopposed MOTION for Extension of Time to File Response/Reply by BARBARA KOWAL (Doss, Donald) (Entered: 09/28/2020)
2020-09-28		MINUTE ORDER granting Plaintiff's unopposed 37 MOTION for Extension of Time to File Response/Reply. It is hereby ORDERED that Plaintiff's Motion is GRANTED, and Plaintiff shall have up to and including November 2, 2020 to respond to the Defendants' motion for summary judgment and file her cross-motion for summary judgment; it is further ORDERED that Defendants shall have up to and including December 8, 2020 to file their opposition to Plaintiff's cross-motion and their reply in support of their motion; it is further ORDERED that Plaintiff shall file her reply in support of her cross-motion by January 8, 2021. Signed by Judge Timothy J. Kelly on 09/28/2020. (lctjk2) (Entered: 09/28/2020)
2020-09-29		Set/Reset Deadlines: Response to Motion for Summary Judgment and Cross Motion due by 11/2/2020. Reply to Motion for Summary Judgment and Response to Cross Motion due by 12/8/2020. Reply to Cross Motion due by 1/8/2021. (zkh) (Entered: 09/29/2020)
2020-10-30	38	Unopposed MOTION for Extension of Time to File Response/Reply to Defendant's Motion for Summary Judgment and to File Plaintiff's Cross-Motion For Summary Judgment by BARBARA KOWAL (Doss, Donald) (Entered: 10/30/2020)
2020-11-02		MINUTE ORDER granting Plaintiff's Second 38 Unopposed MOTION for Extension. It is hereby ORDERED that Plaintiff's Motion is GRANTED, and Plaintiff shall have up to and including December 2, 2020 to respond to the Defendants' motion for summary judgment and file her cross-motion for summary judgment; it is further ORDERED that Defendants shall have up to and including January 7, 2021 to file their opposition to Plaintiff's cross-motion and their reply in support of their motion; it is further ORDERED that Plaintiff shall file her reply in support of her cross-motion by February 7, 2021. Signed by Judge Timothy J. Kelly on 11/2/20. (lctjk2) (Entered: 11/02/2020)
2020-11-03		Set/Reset Deadlines: Response to Motion for Summary Judgment due by 12/2/2020. Reply to Motion for Summary Judgment due by 1/7/2021. (zkh) (Entered: 11/03/2020)
2020-11-30	39	Unopposed MOTION for Extension of Time to File Response/Reply as to 36 MOTION for Summary Judgment and to File Plaintiff's Cross-Motion For Summary Judgment by BARBARA KOWAL (Doss, Donald) (Entered: 11/30/2020)
2020-12-02		MINUTE ORDER granting, for good cause shown, Plaintiff's Third 39 Unopposed MOTION for Extension. It is hereby ORDERED that Plaintiff's Motion is GRANTED, and Plaintiff shall have up to and including January 4, 2021, to respond to the Defendants' motion for summary judgment and file her cross-motion for summary judgment; it is further ORDERED that Defendants shall have up to and including February 4, 2021, to file their opposition to Plaintiff's cross-motion and their reply in support of their motion; it is further ORDERED that Plaintiff shall file her reply in support of her cross-motion by March 4, 2021. Signed by Judge Timothy J. Kelly on 12/2/20. (lctjk2) (Entered: 12/02/2020)
2020-12-02		Set/Reset Deadlines: Response to Motion for Summary Judgment and Cross Motion due by 1/4/2021. Reply to Motion for Summary Judgment and Response to Cross Motion due by 2/4/2021. Reply to Cross Motion due by 3/4/2021. (zkh) (Entered: 12/02/2020)
2021-01-04	40	RESPONSE re 36 MOTION for Summary Judgment Opposition to Defendants' Motion for Summary Judgment and Second Cross-Motion for Summary Judgment filed by BARBARA KOWAL. (Attachments: # 1 Exhibit)(Doss, Donald) (Entered: 01/04/2021)
2021-01-04	41	Second CROSS MOTION for Summary Judgment by BARBARA KOWAL. (See Docket Entry 40 to view this document) (ztth) (Entered: 01/05/2021)
2021-01-06	42	SEALED MOTION filed by BARBARA KOWAL (Attachments: # 1 Exhibit Exhibit R)(Doss, Donald) (Entered: 01/06/2021)
2021-01-07		MINUTE ORDER denying Plaintiff's Unopposed 42 Motion to File Exhibit Under Seal. It is hereby ORDERED that Plaintiff's 42 Motion is DENIED without prejudice because she has not attached to her motion the document she seeks to file under seal. Under Local Rule 5.1(h)(1), a "document filed with the intention of it being sealed in an otherwise public case must be filed by electronic means in a manner authorized by the Clerk and shall be accompanied by a motion to seal." Signed by Judge Timothy J. Kelly on 1/7/21. (lctjk2) (Entered: 01/07/2021)
2021-01-08	43	SEALED MOTION filed by BARBARA KOWAL (Attachments: # 1 Exhibit R)(Doss, Donald) (Entered: 01/08/2021)
2021-01-13		MINUTE ORDER granting Plaintiff's Unopposed 42 Motion to File Exhibit Under Seal. It is hereby ORDERED that, upon consideration of the factors set forth in United States v. Hubbard , 650 F.2d 293, 317-22 (D.C. Cir 1980), Plaintiffs 42 Motion is GRANTED and the Clerk of Court is directed to file on the docket, under seal, ECF No. 43-1, Exhibit R to the Plaintiff's Motion for Summary Judgment. Signed by Judge Timothy J. Kelly on 1/13/21. (lctjk2) (Entered: 01/13/2021)
2021-01-13	44	SEALED DOCUMENT filed by BARBARA KOWAL re 23 MOTION for Summary Judgment. (This document is SEALED and only available to authorized persons.) (ztth) (Entered: 01/19/2021)
2021-02-02	45	Consent MOTION to Modify the Briefing Schedule by DRUG ENFORCEMENT AGENCY, UNITED STATES DEPARTMENT OF JUSTICE. (Brudy-Everett, Kristin) (Entered: 02/02/2021)
2021-02-04		MINUTE ORDER granting, for good cause shown, Defendants' Consent 45 Motion. It is hereby ORDERED that by February 25, 2021, Defendants shall file their opposition to the Plaintiff's 41 Motion and any reply to Plaintiffs Opposition to Defendants' 36 Motion. It is further ORDERED that by March 25, 2021, Plaintiff shall file any reply to Defendants' Opposition. Signed by Judge Timothy J. Kelly on 2/4/21. (lctjk2) (Entered: 02/04/2021)
2021-02-04		Set/Reset Deadlines: Defendants' Reply and Response due by 2/25/2021. Plaintiff's Reply due by 3/25/2021. due by 2/25/2021. (zkh) (Entered: 02/04/2021)
2021-02-25	46	REPLY re 36 MOTION for Summary Judgment by DRUG ENFORCEMENT AGENCY, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin); Modified text and docket entry relationships on 2/26/2021 (ztth). (Entered: 02/25/2021)
2021-02-25	47	Memorandum in opposition to re 41 Second CROSS MOTION for Summary Judgment by BARBARA KOWAL (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin); Modified text on 2/26/2021 (ztth). (Entered: 02/25/2021)
2021-03-25	48	Unopposed MOTION for Extension of Time to File Response/Reply to Defendants' Response to Plaintiff's Cross-Motion for Summary Judgment by BARBARA KOWAL. (Doss, Donald) (Entered: 03/25/2021)
2021-03-27		MINUTE ORDER granting, for good cause shown, Plaintiff's Unopposed 48 Motion for Extension. It is hereby ORDERED that the 48 Motion is GRANTED and Plaintiff shall file any reply to Defendants' Opposition by May 5, 2021. Signed by Judge Timothy J. Kelly on 3/27/21. (lctjk2) Modified to correct typo on 3/29/2021 (zkh). (Entered: 03/27/2021)
2021-05-05	49	REPLY re 47 to Defendant's Response to Second Cross-Motion for Summary Judgment filed by BARBARA KOWAL. (Attachments: # 1 Text of Proposed Order)(Doss, Donald) Modified to add link on 5/7/2021 (znmw). (Entered: 05/05/2021)
2021-05-05	50	MOTION to Amend/Correct Counterstatement of Material Facts by BARBARA KOWAL. (Attachments: # 1 Exhibit Amended Counterstatement of Material Facts, # 2 Exhibit 11th Circuit and U.S. Supreme Court Denial, # 3 Exhibit Criminal Complaint, # 4 Exhibit Order Granting Document 1147)(Doss, Donald) (Entered: 05/05/2021)
2021-07-08	51	NOTICE OF SUBSTITUTION OF COUNSEL by Jeremy S. Simon on behalf of All Defendants Substituting for attorney Kristin Brudy-Everett (Simon, Jeremy) (Entered: 07/08/2021)
2021-08-02		MINUTE ORDER granting Plaintiff's Unopposed 50 Motion to Amend Counterstatement of Material Facts. It is hereby ORDERED that Plaintiff's 50 Motion is GRANTED and the Clerk is directed to docket the Plaintiff's Amended Counterstatement of Material Facts, ECF No. 50-1, with Exhibits 50-2 through 50-4. Signed by Judge Timothy J. Kelly on 8/2/21. (lctjk2) (Entered: 08/02/2021)
2021-08-02	53	AMENDED Counterstatement from BARBARA KOWAL. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit) (ztth) (Entered: 08/05/2021)
2021-08-03	52	MEMORANDUM OPINION AND ORDER granting in part and denying in part Defendants' 36 Motion for Summary Judgment and denying Plaintiff's 41 Motion for Summary Judgment. See order for details. Signed by Judge Timothy J. Kelly on 8/3/21. (lctjk2) (Entered: 08/03/2021)
2021-09-02	54	Joint STATUS REPORT by DRUG ENFORCEMENT AGENCY, UNITED STATES DEPARTMENT OF JUSTICE. (Simon, Jeremy) (Entered: 09/02/2021)
2021-09-14		MINUTE ORDER: Upon consideration of the parties' 54 Joint Status Report, it is hereby ORDERED that Defendants shall file their renewed Motion for Summary Judgment by October 19, 2021; Plaintiff shall file its opposition and cross-motion by November 19, 2021; Defendants shall file their reply and opposition to the Plaintiff's cross-motion by December 14, 2021; and Plaintiff shall file its reply by January 6, 2022. Signed by Judge Timothy J. Kelly on 9/14/21. (lctjk2) (Entered: 09/14/2021)
2021-09-15		Set/Reset Deadlines: Summary Judgment motion due by 10/19/2021. Response to Motion for Summary Judgment due by 11/19/2021. Reply to Motion for Summary Judgment due by 12/14/2021. (zkh) (Entered: 09/15/2021)
2021-10-19	55	MOTION for Summary Judgment by DRUG ENFORCEMENT AGENCY, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Proposed Order, # 2 Supplemental Declaration of Angela Hertel)(Simon, Jeremy) (Entered: 10/19/2021)
2021-11-18	56	Unopposed MOTION for Extension of Time to File Response/Reply to Defendant's Renewed Motion for Summary Judgment and Cross-Motion for Summary Judgment by BARBARA KOWAL. (Doss, Donald) (Entered: 11/18/2021)
2021-11-19		MINUTE ORDER granting Plaintiff's 56 Unopposed Motion for Extension of Time to File a Response to Defendants' Renewed Motion for Summary Judgment and Cross-Motion for Summary Judgment. It is hereby ORDERED that Plaintiff's 56 Unopposed Motion is GRANTED. It is further ORDERED that, by December 17, 2021, Plaintiff shall file her cross-motion for summary judgment and response to Defendants' 55 Renewed Motion for Summary Judgment. It is further ORDERED that, by January 19, 2022, Defendants shall file their response to Plaintiff's cross-motion for summary judgment as well as any reply in support of their 55 Renewed Motion for Summary Judgment. Signed by Judge Timothy J. Kelly on 11/19/2021. (lctjk2) (Entered: 11/19/2021)
2021-12-17	57	Memorandum in opposition to re 55 MOTION for Summary Judgment and Cross-Motion for Summary Judgment filed by BARBARA KOWAL. (Attachments: # 1 Statement of Facts Counterstatement, # 2 Memorandum in Support Memorandum of Law, # 3 Exhibit Index, # 4 Exhibit Exhibit A, # 5 Exhibit Exhibit B, # 6 Exhibit Exhibit C, # 7 Exhibit Exhibit D, # 8 Exhibit Exhibit E, # 9 Exhibit Exhibit F, # 10 Text of Proposed Order)(Doss, Donald) (Entered: 12/17/2021)
2021-12-17	58	MOTION for Summary Judgment by BARBARA KOWAL. (See Docket Entry 57 to view document) (ztth) (Entered: 12/21/2021)
2022-01-19	59	Memorandum in opposition to re 58 MOTION for Summary Judgment filed by DRUG ENFORCEMENT AGENCY, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 01/19/2022)
2022-01-19	60	REPLY to opposition to motion re 55 MOTION for Summary Judgment (duplicate of docket entry number 59) filed by DRUG ENFORCEMENT AGENCY, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 01/19/2022)
2022-09-02	61	ORDER granting Defendants' 55 Motion for Summary Judgment and denying Plaintiff's 58 Cross-Motion for Summary Judgment. See Order for details. Signed by Judge Timothy J. Kelly on 9/2/2022. (lctjk1) (Entered: 09/02/2022)
2022-09-02	62	MEMORANDUM OPINION in support of 61 Order granting Defendants' 55 Motion for Summary Judgment and denying Plaintiff's 58 Cross-Motion for Summary Judgment. Signed by Judge Timothy J. Kelly on 9/2/2022. (lctjk1) (Entered: 09/02/2022)
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