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Case TitleWithey et al v. Federal Bureau of Investigation (FBI)
DistrictWestern District of Washington
CitySeattle
Case Number2:2018cv01635
Date Filed2018-11-09
Date ClosedOpen
JudgeU.S. District Judge John C Coughenour
PlaintiffMichael E. Withey
PlaintiffSharon Maeda
Case DescriptionMichael Withey and Sharon Maeda submitted FOIA requests to the FBI for records concerning Levane Malvison Forsythe, an FBI informant. The agency located 1,276 potentially responsive pages. The FBI disclosed records heavily redacted under Exemption 7(A) (interference with ongoing investigation or proceeding). Withey filed an administrative appeal, which was denied. Withey and Maeda then filed suit.
Complaint issues: Adequacy - Search, Litigation - Attorney's fees

DefendantFederal Bureau of Investigation (FBI)
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [17]
Opinion/Order [20]
Opinion/Order [42]
Opinion/Order [49]
Opinion/Order [58]
Opinion/Order [75]
Opinion/Order [78]
Opinion/Order [84]
Opinion/Order [87]
Opinion/Order [96]
Opinion/Order [107]
Opinion/Order [113]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-11-091COMPLAINT against defendant(s) All Plaintiffs (Receipt # 0981-5538313) Attorney Fred Diamondstone added to party Sharon Maeda(pty:pla), Attorney Fred Diamondstone added to party Michael E. Withey(pty:pla), filed by Michael E. Withey, Sharon Maeda. (Attachments: # 1 Exhibit Ex 1-16 (with redactions))(Diamondstone, Fred) (Entered: 11/09/2018)
2018-11-092CIVIL COVER SHEET ; filed by Plaintiffs Sharon Maeda, Michael E. Withey. (Diamondstone, Fred) (Entered: 11/09/2018)
2018-11-123PRAECIPE TO ISSUE SUMMONS to FBI by Plaintiffs Sharon Maeda, Michael E. Withey (Attachments: # 1 Summons)(Diamondstone, Fred) (Entered: 11/12/2018)
2018-11-13U.S. District Judge John C Coughenour added. (GT) (Entered: 11/13/2018)
2018-11-134Summons Electronically Issued as to defendant Federal Bureau of Investigation (FBI) (GT) (Entered: 11/13/2018)
2018-11-145AFFIDAVIT of Mailing of Summons and Complaint to FBI - Director OIP on 11/13/2018, filed by Plaintiffs Sharon Maeda, Michael E. Withey. (Diamondstone, Fred) (Entered: 11/14/2018)
2018-11-146MINUTE ENTRY re: STATUS CONFERENCE. The attorney who will be responsible for trying the case, or that attorney's representative, should attend the conference and be prepared to discuss the following matters at the conference: 1. An estimate of the number of days needed for trial; 2. The date by which the case will be ready for trial; 3. Whether the parties intend to mediate per LCR 39.1 and, if so, when the parties expect to complete mediation; If counsel's office is outside of the Greater Metropolitan Seattle area, local counsel should attend on behalf of non-local counsel. If local counsel is unavailable, non-local counsel may make arrangements to participate telephonically in the conference by contacting the Courtroom Deputy Clerk at Paul_Pierson@wawd.uscourts.gov at least TEN (10) DAYS in advance of the proceeding. Counsel do NOT need to file a Joint Status Report or Rule 26(f) Report in advance of the Status Conference. Counsel should plan on arriving 10-15 minutes early to check in with the Courtroom Deputy Clerk as the Court's calendar begins promptly at 9:00 a.m. COUNSEL OR THE PRO SE PARTY WHO FILED THIS MATTER SHALL IMMEDIATELY NOTIFY ALL PARTIES OF THE DATE AND TIME OF THE SCHEDULED STATUS CONFERENCE. A Status Conference is ordered set for 2/26/2019 at 9:00 AM in Courtroom 16206 before U.S. District Judge John C. Coughenour. (PP) (Entered: 11/14/2018)
2018-11-147ORDER REGARDING DISCOVERY AND DEPOSITIONS by U.S. District Judge John C. Coughenour. (PP) (Entered: 11/14/2018)
2018-11-148NOTICE TO FILER: re 1 Complaint. Notice of Filing Deficiency ** Action Required ** See Attached Letter for More Information and Instructions. (KB) (Entered: 11/14/2018)
2018-11-149NOTICE of Related Case(s) 82-1055, by Plaintiffs Sharon Maeda, Michael E. Withey. (Diamondstone, Fred) (Entered: 11/14/2018)
2018-11-2010PRAECIPE TO ISSUE SUMMONS to FBI by Plaintiffs Sharon Maeda, Michael E. Withey (Attachments: # 1 Summons)(Diamondstone, Fred) (Entered: 11/20/2018)
2018-11-2111Second Summons Electronically Issued as to defendant Federal Bureau of Investigation (FBI) (TH) (Entered: 11/21/2018)
2018-12-1412NOTICE of Appearance by attorney Kayla Stahman on behalf of Defendant Federal Bureau of Investigation (FBI). (Stahman, Kayla) (Entered: 12/14/2018)
2018-12-1413NOTICE of Appearance by attorney Katie Denise Fairchild on behalf of Defendant Federal Bureau of Investigation (FBI). (Fairchild, Katie) (Entered: 12/14/2018)
2018-12-1914ERRATA re 1 Complaint, with Corrected Complaint (Attached) by Plaintiffs Sharon Maeda, Michael E. Withey (Attachments: # 1 Complaint)(Diamondstone, Fred) (Entered: 12/19/2018)
2018-12-2115ANSWER to 1 Complaint, by Federal Bureau of Investigation (FBI).(Fairchild, Katie) (Entered: 12/21/2018)
2019-01-1416MOTION to Stay Case in Light of Lapse of Appropriations , filed by Defendant Federal Bureau of Investigation (FBI). (Attachments: # 1 Proposed Order) Noting Date 1/14/2019, (Fairchild, Katie) (Entered: 01/14/2019)
2019-01-1517MINUTE ORDER granting Defendant's 16 Motion to Stay Case in Light of Lapse of Appropriations . The case is STAYED until appropriations have been restored to Defendant. All deadlines shall be EXTENDED commensurate with the duration of the lapse of appropriations. Authorized by U.S. District Judge John C Coughenour. (TH) (Entered: 01/15/2019)
2019-01-2918Stipulated MOTION To Set Status Conference , filed by Plaintiffs Sharon Maeda, Michael E. Withey. (Diamondstone, Fred) (Entered: 01/29/2019)
2019-01-2919NOTICE of Appropriations Received re 17 Order on Motion to Stay, ; filed by Defendant Federal Bureau of Investigation (FBI). (Fairchild, Katie) (Entered: 01/29/2019)
2019-01-3020MINUTE ORDER re Parties' 18 Stipulated Motion To Set Status Conference. Status Conference reset for 3/5/2019 at 9:00 AM . The stay on the case is LIFTED. Authorized by U.S. District Judge John C Coughenour. (TH) (Entered: 01/30/2019)
2019-03-0521MINUTE ENTRY re: STATUS CONFERENCE held before United States District Judge John C. Coughenour; Courtroom Deputy Clerk Paul Pierson; Court Reporter Vernon; Plaintiff(s) Counsel Michael Withey, Fred Diamondstone & Leah Snyder; Defendant(s) Counsel Katie Fairchild & Kayla Stahman. The case was called and counsel made their appearance. The Court inquires of counsel concerning their desired trial date and time estimate for trial. Note that all depositions, discovery and perpetuation, must be completed before the discovery completion date. Counsel are advised that this case is one of several cases set for the week described below. Counsel shall be prepared to commence trial as scheduled, but understand that the trial may have to be continued. Counsel are directed to contact the Courtroom Deputy Clerk at paul_pierson@wawd.uscourts.gov 2-4 weeks in advance of the trial date regarding the Court`s trial calendar. Case management dates are established as follows: 5 DAY ESTIMATE for a COURT TRIAL set on 7/6/2020 at 9:30 AM in Courtroom 16206 before U.S. District Judge John C. Coughenour. Proposed Pretrial Order is due by 6/26/2020. Pleading amendment/3rd pty action is/are due by 8/2/2019. Trial briefs will be submitted by 7/2/2020. Discovery cutoff is 120 days before trial and the dispositive motion filing deadline is 90 days before trial. Counsel shall attend Courtroom Technology Training at least 1 month in advance of the trial date in order to become familiar utilizing the new A/V equipment now available in the courtroom. Training is held at 3:00 p.m. on the 1st and 3rd Wednesday of each month in Courtroom 18B. (PP) (Entered: 03/05/2019)
2019-10-0422NOTICE of Unavailability of counsel Fred Diamondstone for Plaintiffs Sharon Maeda, Michael E. Withey from Nov. 1, 2019 - Nov. 11, 2019. (Diamondstone, Fred) (Entered: 10/04/2019)
2019-10-1023MOTION for Partial Summary Judgment Re Identity of FBI Agents and Publicly Available Details of the Loan Shark Investigation , filed by Plaintiffs Sharon Maeda, Michael E. Withey. Oral Argument Requested. Noting Date 12/6/2019, (Diamondstone, Fred) (Entered: 10/10/2019)
2019-10-1024DECLARATION of Cynthia Domingo filed by Plaintiffs Sharon Maeda, Michael E. Withey re 23 MOTION for Partial Summary Judgment Re Identity of FBI Agents and Publicly Available Details of the Loan Shark Investigation (Diamondstone, Fred) (Entered: 10/10/2019)
2019-10-1025DECLARATION of Sharon Maeda filed by Plaintiffs Sharon Maeda, Michael E. Withey re 23 MOTION for Partial Summary Judgment Re Identity of FBI Agents and Publicly Available Details of the Loan Shark Investigation (Diamondstone, Fred) (Entered: 10/10/2019)
2019-10-1026DECLARATION of Michael E. Withey filed by Plaintiffs Sharon Maeda, Michael E. Withey re 23 MOTION for Partial Summary Judgment Re Identity of FBI Agents and Publicly Available Details of the Loan Shark Investigation (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, part A, # 4 Exhibit 3, part B, # 5 Exhibit 4, # 6 Exhibit 5, Part A, # 7 Exhibit 5, Part B1, # 8 Exhibit 5, Part B2, # 9 Exhibit 5, Part C, # 10 Exhibit 6, # 11 Exhibit 7, # 12 Exhibit 8, # 13 Exhibit 9, # 14 Exhibit 10, # 15 Exhibit 11, # 16 Exhibit 12, # 17 Exhibit 13, # 18 Exhibit 14, Part A, # 19 Exhibit 14, Part B, # 20 Exhibit 14, Part C, # 21 Exhibit 15, # 22 Exhibit 16, # 23 Exhibit 17, # 24 Exhibit 18, # 25 Exhibit 19, # 26 Exhibit 20, # 27 Exhibit 21, # 28 Exhibit 22, # 29 Exhibit 23, # 30 Exhibit Notice of Filing Object (Ex 24), # 31 Exhibit 25, # 32 Exhibit 26, # 33 Exhibit 28, # 34 Exhibit 29, # 35 Exhibit 30)(Diamondstone, Fred) (Entered: 10/10/2019)
2019-10-1128NOTICE of Filing Flash Drive video (Withey Declaration in Support of Motion for Partial Summary Judgment - Ex. 24) in Paper or Physical Form with the Clerk's Office by Plaintiffs Sharon Maeda, Michael E. Withey. in re 26 Declaration. (TH) (placed in on accordion folder in Seattle's Filing Shelf) (Entered: 10/15/2019)
2019-10-1527ERRATA re 26 Declaration,,,, With Exhibit 27, attached by Plaintiffs Sharon Maeda, Michael E. Withey (Attachments: # 1 Exhibit Ex. 27)(Diamondstone, Fred) (Entered: 10/15/2019)
2019-11-1429MOTION for Protective Order , filed by Defendant Federal Bureau of Investigation (FBI). Noting Date 12/13/2019, (Stahman, Kayla) (Entered: 11/14/2019)
2019-11-1430DECLARATION of David M. Hardy filed by Defendant Federal Bureau of Investigation (FBI) re 29 MOTION for Protective Order (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, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V)(Stahman, Kayla) (Entered: 11/14/2019)
2019-11-1431DECLARATION of Thomas Everett filed by Defendant Federal Bureau of Investigation (FBI) re 29 MOTION for Protective Order (Attachments: # 1 Exhibit A)(Stahman, Kayla) (Entered: 11/14/2019)
2019-11-1532PROPOSED ORDER (Unsigned) re 29 MOTION for Protective Order (Stahman, Kayla) (Entered: 11/15/2019)
2019-11-1533NOTICE that the following is RE-NOTED: 23 MOTION for Partial Summary Judgment Re Identity of FBI Agents and Publicly Available Details of the Loan Shark Investigation . Filed by Plaintiffs Sharon Maeda, Michael E. Withey. Noting Date 12/13/2019, (Diamondstone, Fred) (Entered: 11/15/2019)
2019-12-0934CROSS-MOTION AND RESPONSE re 23 MOTION for Partial Summary Judgment Re Identity of FBI Agents and Publicly Available Details of the Loan Shark Investigation ., filed by Defendant Federal Bureau of Investigation (FBI). (Attachments: # 1 Proposed Order) Noting Date 1/3/2020, (Fairchild, Katie) (Entered: 12/09/2019)
2019-12-0935Second DECLARATION of David M. Hardy filed by Defendant Federal Bureau of Investigation (FBI) re 34 CROSS-MOTION AND RESPONSE re 23 MOTION for Partial Summary Judgment Re Identity of FBI Agents and Publicly Available Details of the Loan Shark Investigation . (Attachments: # 1 Exhibit A)(Fairchild, Katie) (Entered: 12/09/2019)
2019-12-0936RESPONSE, by Plaintiffs Sharon Maeda, Michael E. Withey, to 29 MOTION for Protective Order . (Diamondstone, Fred) (Entered: 12/09/2019)
2019-12-0937DECLARATION of Michael E. Withey filed by Plaintiffs Sharon Maeda, Michael E. Withey re 29 MOTION for Protective Order (Attachments: # 1 Exhibit 1 through 5)(Diamondstone, Fred) (Entered: 12/09/2019)
2019-12-0938DECLARATION of Fred Diamondstone filed by Plaintiffs Sharon Maeda, Michael E. Withey re 29 MOTION for Protective Order (Attachments: # 1 Exhibit 1 through 5, # 2 Exhibit 6 through 11)(Diamondstone, Fred) (Entered: 12/09/2019)
2019-12-0940NOTICE of Filing Exhibit 1 to the Declaration of Michael Whitney in Opposition to Motion for Protective Order in Paper or Physical Form with the Clerk's Office by Plaintiff Michael E. Withey. (TH) (placed in one accordion folder in Seattle's Clerk's Office filing shelf) (Entered: 12/10/2019)
2019-12-10NOTICE REGARDING LACK OF PROPER SIGNATURE. The 37 Declaration was not signed by Michael E. Withey . Signatures must be in accordance with FRCP 11 and LCR 83.2(a) and must comply with ECF Filing Procedures . Please file corrected signature page using Praecipe to Attach event and link to original filing. (TH) (Entered: 12/10/2019)
2019-12-1039ERRATA to DKT 37 , CORRECTED & SIGNED Declaration by Plaintiff Michael E. Withey (Attachments: # 1 Supplement Corrected Declaration (to DKT 37 ))(Diamondstone, Fred) Modified on 12/11/2019 to add docket entry relationship (TH). (Entered: 12/10/2019)
2019-12-10NOTICE TO FILER: re 40 Notice of Filing Paper or Physical Materials. Pursuant to LCR 5(d), unless otherwise specifically ordered by the court or directed by the clerk, all counsel are required to electronically file documents through the court's electronic filing system and to comply with the electronic filing procedures for the district. The court's Electronic Filing Procedures for Civil and Criminal Cases can be found on the court's website at www.wawd.uscourts.gov. (TH) (Entered: 12/10/2019)
2019-12-1141Stipulated MOTION for Deadlines and Combined Response , filed by Defendant Federal Bureau of Investigation (FBI). Noting Date 12/11/2019, (Fairchild, Katie) (Entered: 12/11/2019)
2019-12-1242MINUTE ORDER granting parties' 41 Stipulated Motion for entry of a proposed scheduling order. Defendant must file its reply in support of its motion for a protective order (Dkt. No. 29 ) by December 20, 2019. The Clerk is DIRECTED to re-note the motion for December 20, 2019. In support of Plaintiffs' partial motion for summary judgment (Dkt. No. 23 ) andin opposition to Defendant's cross-motion for summary judgment (Dkt. No. 34 ), Plaintiffs must file one joint opposition and reply by January 10, 2020. Defendant must file its reply no later than January 24, 2020. The clerk is DIRECTED to re-note both motions for January 24, 2020. Authorized by U.S. District Judge John C Coughenour. (TH) (Entered: 12/12/2019)
2019-12-2043DECLARATION of David M. Hardy by Defendant Federal Bureau of Investigation (FBI) (Fairchild, Katie) (Entered: 12/20/2019)
2019-12-2044REPLY, filed by Defendant Federal Bureau of Investigation (FBI), TO RESPONSE to 29 MOTION for Protective Order (Fairchild, Katie) (Entered: 12/20/2019)
2020-01-1045REPLY, filed by Plaintiffs Sharon Maeda, Michael E. Withey, TO RESPONSE to 34 CROSS-MOTION AND RESPONSE re 23 MOTION for Partial Summary Judgment Re Identity of FBI Agents and Publicly Available Details of the Loan Shark Investigation ., 23 MOTION for Partial Summary Judgment Re Identity of FBI Agents and Publicly Available Details of the Loan Shark Investigation (Diamondstone, Fred) (Entered: 01/10/2020)
2020-01-1046DECLARATION of Kathy Leodler filed by Plaintiffs Sharon Maeda, Michael E. Withey re 34 CROSS-MOTION AND RESPONSE re 23 MOTION for Partial Summary Judgment Re Identity of FBI Agents and Publicly Available Details of the Loan Shark Investigation ., 23 MOTION for Partial Summary Judgment Re Identity of FBI Agents and Publicly Available Details of the Loan Shark Investigation (Diamondstone, Fred) (Entered: 01/10/2020)
2020-01-1347PRAECIPE to attach document (Signed signature page) re 46 Declaration, by Plaintiffs Sharon Maeda, Michael E. Withey (Attachments: # 1 Exhibit Signature Page of Kathy Leodler (DKT 46))(Diamondstone, Fred) (Entered: 01/13/2020)
2020-01-2148Stipulated MOTION to Re-Note Plaintiffs' Partial Motion for Summary Judgment and Defendant's Cross-Motion , filed by Defendant Federal Bureau of Investigation (FBI). Noting Date 1/21/2020, (Fairchild, Katie) (Entered: 01/21/2020)
2020-01-2249MINUTE ORDER granting parties' 48 Stipulated Motion to Re-Note Plaintiffs' Partial Motion for Summary Judgment and Defendant's Cross-Motion . The Clerk is DIRECTED to re-note Plaintiff's partial motion for summary judgment (Dkt. No. 23 ) and Defendant's cross-motion for summary judgment (Dkt. No. 34 ) for the Court's consideration on February 28, 2020. Defendant's must file their reply to Plaintiff's motion by February 28, 2020. Authorized by U.S. District Judge John C Coughenour. (TH) (Entered: 01/22/2020)
2020-01-2350PROPOSED ORDER (Unsigned) re 34 CROSS-MOTION AND RESPONSE re 23 MOTION for Partial Summary Judgment Re Identity of FBI Agents and Publicly Available Details of the Loan Shark Investigation ., 23 MOTION for Partial Summary Judgment Re Identity of FBI Agents and Publicly Available Details of the Loan Shark Investigation , 29 MOTION for Protective Order (Diamondstone, Fred) (Entered: 01/23/2020)
2020-02-2051MOTION for Leave to File SUPPLEMENTAL MATERIAL , filed by Plaintiffs Sharon Maeda, Michael E. Withey. (Attachments: # 1 Proposed Order Proposed Order RE Motion to Supplement) Noting Date 3/6/2020, (Snyder, Leah) (Entered: 02/20/2020)
2020-02-2052DECLARATION of Michael E. Withey filed by Plaintiffs Sharon Maeda, Michael E. Withey re 51 MOTION for Leave to File SUPPLEMENTAL MATERIAL (Attachments: # 1 Exhibit 1 through 4)(Diamondstone, Fred) (Entered: 02/20/2020)
2020-02-2053AFFIDAVIT filed by Plaintiffs Sharon Maeda, Michael E. Withey re 51 MOTION for Leave to File SUPPLEMENTAL MATERIAL Decl. of Fred Diamondstone (Attachments: # 1 Exhibit 1 through 4)(Diamondstone, Fred) (Entered: 02/20/2020)
2020-02-2054MOTION for Discovery for 30(b)(6) Deposition, Incamera review and to Strike Glomar Defense , filed by Plaintiffs Sharon Maeda, Michael E. Withey. Oral Argument Requested. (Attachments: # 1 Supplement Addendum-proposed 30(b)(6) Notice) Noting Date 3/13/2020 3/6/2020 , (Diamondstone, Fred) Modified on 2/24/2020 (MW). (Entered: 02/20/2020)
2020-02-2055DECLARATION of Fred Diamondstone filed by Plaintiffs Sharon Maeda, Michael E. Withey re 54 MOTION for Discovery for 30(b)(6) Deposition, Incamera review and to Strike Glomar Defense (Attachments: # 1 Exhibit Exhibits 1-10, # 2 Exhibit Exhibits 11-18)(Diamondstone, Fred) (Entered: 02/20/2020)
2020-02-2156NOTICE that the following is RE-NOTED: 54 MOTION for Discovery for 30(b)(6) Deposition, Incamera review and to Strike Glomar Defense . Filed by Plaintiffs Sharon Maeda, Michael E. Withey. Noting Date 3/13/2020, (Diamondstone, Fred) (Entered: 02/21/2020)
2020-02-2157RESPONSE, by Defendant Federal Bureau of Investigation (FBI), to 51 MOTION for Leave to File SUPPLEMENTAL MATERIAL . (Fairchild, Katie) (Entered: 02/21/2020)
2020-02-2458PROTECTIVE ORDER re Defendant's 29 MOTION for Protective Order: The Court ORDERS the parties to abstain from engaging in discovery until further order from the Court. If a party believes that discovery is needed on an issue, it must seek the Court's leave to engage in that discovery. Signed by U.S. District Judge John C Coughenour. (MW) (Entered: 02/24/2020)
2020-02-2759Stipulated MOTION TO RE-NOTE PLAINTIFFS' PARTIAL MOTION FOR SUMMARY JUDGMENT AND DEFENDANT'S CROSS-MOTION , filed by Defendant Federal Bureau of Investigation (FBI). Noting Date 2/27/2020, (Fairchild, Katie) (Entered: 02/27/2020)
2020-02-2860MINUTE ORDER granting parties' 59 Stipulated Motion to re-note the parties' partial motions for summary judgment . The Clerk is DIRECTED to re-note the parties' partial motions for summary judgment (Dkt. Nos. 23 , 34 ) for the Court's consideration on April 10, 2020. Defendant must file its reply by April 10, 2020. Authorized by U.S. District Judge John C Coughenour. (TH) (Entered: 02/28/2020)
2020-03-0461Stipulated MOTION TO EXTEND TRIAL DATE AND PRETRIAL DATES , filed by Defendant Federal Bureau of Investigation (FBI). Noting Date 3/4/2020, (Fairchild, Katie) (Entered: 03/04/2020)
2020-03-0962CROSS-MOTION AND RESPONSE re 54 MOTION for Discovery for 30(b)(6) Deposition, Incamera review and to Strike Glomar Defense ., filed by Defendant Federal Bureau of Investigation (FBI). (Attachments: # 1 Proposed Order) Noting Date 4/3/2020, (Fairchild, Katie) (Entered: 03/09/2020)
2020-03-1163MINUTE ORDER granting parties' 61 Stipulated Motion to extend the trial date and pretrial dates . Bench Trial is set for 8/24/2020 at 9:30 AM before U.S. District Judge John C Coughenour. Dispositive motions due by 5/26/2020, Pretrial Order due by 8/14/2020, Trial briefs to be submitted by 8/20/2020. Authorized by U.S. District Judge John C Coughenour. (TH) (Entered: 03/11/2020)
2020-03-1364REPLY, filed by Plaintiffs Sharon Maeda, Michael E. Withey, TO RESPONSE to 54 MOTION for Discovery for 30(b)(6) Deposition, Incamera review and to Strike Glomar Defense , 62 CROSS-MOTION AND RESPONSE re 54 MOTION for Discovery for 30(b)(6) Deposition, Incamera review and to Strike Glomar Defense . (Diamondstone, Fred) (Entered: 03/13/2020)
2020-03-2065Stipulated MOTION REGARDING PLAINTIFFS' PARTIAL MOTION FOR SUMMARY JUDGMENT AND DEFENDANT'S CROSS-MOTION, DKT. 23 & DKT. 34 , filed by Defendant Federal Bureau of Investigation (FBI). (Attachments: # 1 Declaration of Michael G. Seidel) Noting Date 3/20/2020, (Fairchild, Katie) (Entered: 03/20/2020)
2020-03-2366MINUTE ORDER granting parties' 65 Stipulated Motion regarding Plaintiffs' partial motion for summary judgment and the FBI's cross-motion . The Clerk is DIRECTED to strike the noting dates for Plaintiffs' partial motion for summary judgment (Dkt. No. 23 ) and the FBI's cross-motion (Dkt. No. 34 ). The FBI must file a status report about the re-processing by April 15, 2020. Authorized by U.S. District Judge John C Coughenour. (TH) (Entered: 03/23/2020)
2020-04-0367REPLY, filed by Defendant Federal Bureau of Investigation (FBI), TO RESPONSE to 62 CROSS-MOTION AND RESPONSE re 54 MOTION for Discovery for 30(b)(6) Deposition, Incamera review and to Strike Glomar Defense . (Fairchild, Katie) (Entered: 04/03/2020)
2020-04-0768MINUTE ORDER granting Plaintiffs' 51 Motion for Leave to File Supplemental Material. Plaintiffs may supplement the record by filing a declaration of counsel attaching the documents listed in their motion. Authorized by U.S. District Judge John C Coughenour. (TH) (Entered: 04/07/2020)
2020-04-0869DECLARATION of Fred Diamondstone, per DKT 68 filed by Plaintiffs Sharon Maeda, Michael E. Withey re 34 CROSS-MOTION AND RESPONSE re 23 MOTION for Partial Summary Judgment Re Identity of FBI Agents and Publicly Available Details of the Loan Shark Investigation ., 51 MOTION for Leave to File SUPPLEMENTAL MATERIAL , 23 MOTION for Partial Summary Judgment Re Identity of FBI Agents and Publicly Available Details of the Loan Shark Investigation (Attachments: # 1 Exhibit Ex 1 - Excerpt of Record, # 2 Exhibit Ex. 2 - Transcript, # 3 Exhibit Ex. 3 - Transcript, # 4 Exhibit Ex. 4 - Transcript, # 5 Exhibit Ex. 5 - Transcript, # 6 Exhibit Ex. 6 Transcript)(Diamondstone, Fred) (Entered: 04/08/2020)
2020-04-1370Second Stipulated MOTION Regarding Plaintiffs' Partial Motion for Summary Judgment and Defendant's Cross-Motion, Dkt. 23 & Dkt. 34 , filed by Defendant Federal Bureau of Investigation (FBI). Noting Date 4/13/2020, (Stahman, Kayla) (Entered: 04/13/2020)
2020-04-1371Second DECLARATION of Michael G. Seidel filed by Defendant Federal Bureau of Investigation (FBI) re 70 Second Stipulated MOTION Regarding Plaintiffs' Partial Motion for Summary Judgment and Defendant's Cross-Motion, Dkt. 23 & Dkt. 34 (Stahman, Kayla) (Entered: 04/13/2020)
2020-04-1472MINUTE ORDER granting parties' 70 Stipulated Motion Regarding Plaintiffs' Partial Motion for Summary Judgment and Defendant's Cross-Motion. The Court orders the FBI to file a status report regarding the status of re-processing by April 27, 2020. Authorized by U.S. District Judge John C Coughenour. (TH) (Entered: 04/14/2020)
2020-04-2773Third Stipulated MOTION Regarding Plaintiffs' Partial Motion for Summary Judgment and Defendant's Cross-Motion, Dkt. 23 & Dkt. 34 , filed by Defendant Federal Bureau of Investigation (FBI). Noting Date 4/27/2020, (Stahman, Kayla) (Entered: 04/27/2020)
2020-04-2774DECLARATION of David M. Hardy filed by Defendant Federal Bureau of Investigation (FBI) re 73 Third Stipulated MOTION Regarding Plaintiffs' Partial Motion for Summary Judgment and Defendant's Cross-Motion, Dkt. 23 & Dkt. 34 (Stahman, Kayla) (Entered: 04/27/2020)
2020-04-3075MINUTE ORDER granting parties' 73 Third Stipulated Motion regarding Plaintiffs' partial motion for summary judgment and the FBI's cross-motion. The Court ORDERS the FBI to file a status report regarding the status of re-processing by May 27, 2020. The Court further ORDERS that all dispositive motions must be filed by July 26, 2020. Authorized by U.S. District Judge John C Coughenour. (TH) (Entered: 04/30/2020)
2020-05-2776LETTER from the Court. (GT) (Entered: 05/27/2020)
2020-05-2777Fourth Stipulated MOTION Regarding Plaintiffs' Partial Motion for Summary Judgment and Defendant's Cross-Motion, Dkt. 23 & Dkt. 34 , filed by Defendant Federal Bureau of Investigation (FBI). Noting Date 5/27/2020, (Stahman, Kayla) (Entered: 05/27/2020)
2020-05-2978MINUTE ORDER granting parties' 77 Fourth Stipulated Motion regarding Plaintiffs' partial motion for summary judgment and the FBI's cross-motion . The Court ORDERS the FBI to file a status report by June 10, 2020, regarding the parties' discussions about a deadline for the FBI's reply and re-noting dates for Plaintiff's partial motion for summary judgment (Dkt. No. 23 ) and the FBI's cross-motion (Dkt. No. 34 ). Authorized by U.S. District Judge John C Coughenour. (TH) (Entered: 05/29/2020)
2020-06-1079Fifth Stipulated MOTION and Status Update , filed by Defendant Federal Bureau of Investigation (FBI). Noting Date 6/10/2020, (Stahman, Kayla) (Entered: 06/10/2020)
2020-06-1880MOTION for Extension of Time for Certain Pre-Trial Deadlines and Trial Date , filed by Defendant Federal Bureau of Investigation (FBI). Noting Date 6/26/2020, (Stahman, Kayla) (Entered: 06/18/2020)
2020-06-2481RESPONSE, by Plaintiffs Sharon Maeda, Michael E. Withey, to 80 MOTION for Extension of Time for Certain Pre-Trial Deadlines and Trial Date . (Diamondstone, Fred) (Entered: 06/24/2020)
2020-06-2482DECLARATION of Michael E. Withey filed by Plaintiffs Sharon Maeda, Michael E. Withey re 80 MOTION for Extension of Time for Certain Pre-Trial Deadlines and Trial Date (Diamondstone, Fred) (Entered: 06/24/2020)
2020-06-2483ERRATA re 80 MOTION for Extension of Time for Certain Pre-Trial Deadlines and Trial Date CORRECTED RESPONSE by Plaintiffs Sharon Maeda, Michael E. Withey (Attachments: # 1 Supplement Corrected Response (DKT. #81))(Diamondstone, Fred) (Entered: 06/24/2020)
2020-06-2484MINUTE ORDER granting parties' 79 Fifth Status Update and Stipulated Motion. Defendants must file their reply to Plaintiff's partial motion for summary judgment by July 24, 2020; The Clerk is DIRECTED to re-note Plaintiff's partial motion for summary judgment (Dkt. No. 23 ) for the Court's consideration on July 24, 2020. Defendants must file the complete Vaughn index by July 23, 2020. Dispositive motions due by 7/30/2020. Authorized by U.S. District Judge John C Coughenour. (TH) (Entered: 06/24/2020)
2020-06-2685REPLY, filed by Defendant Federal Bureau of Investigation (FBI), TO RESPONSE to 80 MOTION for Extension of Time for Certain Pre-Trial Deadlines and Trial Date (Stahman, Kayla) (Entered: 06/26/2020)
2020-06-2686DECLARATION of Kayla Stahman re 85 Reply to Response to Motion by Defendant Federal Bureau of Investigation (FBI) (Attachments: # 1 Exhibit A)(Stahman, Kayla) (Entered: 06/26/2020)
2020-07-1087MINUTE ORDER granting Defendant's 80 Motion for Extension of Time for Certain Pre-Trial Deadlines and Trial Date . The date for the non-jury trial in this case is October 26, 2020 ; The deadline for filing the proposed pretrial order is October 16, 2020; and The deadline for filing trial briefs is October 22, 2020. Authorized by U.S. District Judge John C Coughenour. (TH) (Entered: 07/10/2020)
2020-07-2388AFFIDAVIT Complete Vaughn Index filed by Defendant Federal Bureau of Investigation (FBI) (Fairchild, Katie) (Entered: 07/23/2020)
2020-07-2489REPLY, filed by Defendant Federal Bureau of Investigation (FBI), TO RESPONSE to 34 CROSS-MOTION AND RESPONSE re 23 MOTION for Partial Summary Judgment Re Identity of FBI Agents and Publicly Available Details of the Loan Shark Investigation ., 23 MOTION for Partial Summary Judgment Re Identity of FBI Agents and Publicly Available Details of the Loan Shark Investigation (Fairchild, Katie) (Entered: 07/24/2020)
2020-07-2490DECLARATION of Michael G. Seidel re 89 Reply to Response to Motion, by Defendant Federal Bureau of Investigation (FBI) (Attachments: # 1 Exhibit A)(Fairchild, Katie) (Entered: 07/24/2020)
2020-07-2491DECLARATION of W. David Crawford II re 89 Reply to Response to Motion, by Defendant Federal Bureau of Investigation (FBI) (Fairchild, Katie) (Entered: 07/24/2020)
2020-07-3092MOTION for Partial Summary Judgment RE VEGAS , filed by Plaintiffs Sharon Maeda, Michael E. Withey. Oral Argument Requested. Noting Date 8/21/2020, (Snyder, Leah) (Entered: 07/30/2020)
2020-07-3093DECLARATION of Snyder filed by Plaintiffs Sharon Maeda, Michael E. Withey re 92 MOTION for Partial Summary Judgment RE VEGAS (Snyder, Leah) (Entered: 07/30/2020)
2020-07-3094MOTION for Summary Judgment , filed by Defendant Federal Bureau of Investigation (FBI). (Attachments: # 1 Proposed Order) Noting Date 8/21/2020, (Fairchild, Katie) (Entered: 07/30/2020)
2020-07-3095Second DECLARATION of Michael G. Seidel filed by Defendant Federal Bureau of Investigation (FBI) re 94 MOTION for Summary Judgment (Fairchild, Katie) (Entered: 07/30/2020)
2020-08-0696ORDER denying Plaintiffs' 54 Motion to strike the FBI's Glomar defense, for discovery, and for in camera review; granting Defendant's 62 Cross Motion for partial summary judgment on its Glomar response. Signed by U.S. District Judge John C Coughenour.(LH) (Entered: 08/06/2020)
2020-08-1797RESPONSE, by Plaintiffs Sharon Maeda, Michael E. Withey, to 94 MOTION for Summary Judgment . (Attachments: # 1 Proposed Order)(Diamondstone, Fred) (Entered: 08/17/2020)
2020-08-1798Second DECLARATION of Kathy Declaration (Second Decl.) filed by Plaintiffs Sharon Maeda, Michael E. Withey re 94 MOTION for Summary Judgment (Diamondstone, Fred) (Entered: 08/17/2020)
2020-08-1799RESPONSE, by Defendant Federal Bureau of Investigation (FBI), to 92 MOTION for Partial Summary Judgment RE VEGAS . (Fairchild, Katie) (Entered: 08/17/2020)
2020-08-17100DECLARATION of Michael G. Seidel re 99 Response to Motion by Defendant Federal Bureau of Investigation (FBI) (Fairchild, Katie) (Entered: 08/17/2020)
2020-08-17101DECLARATION of Fred Diamondstone filed by Plaintiffs Sharon Maeda, Michael E. Withey re 94 MOTION for Summary Judgment (Attachments: # 1 Exhibit Ex. 1, part 1, # 2 Exhibit Ex. 1, part 2, # 3 Exhibit Ex. 1, part 3, # 4 Exhibit Ex. 1, part 4, # 5 Exhibit Ex. 1, part 5, # 6 Exhibit Ex. 1, part 6, # 7 Exhibit Ex. 1, part 7, # 8 Exhibit Ex. 1, part 8, # 9 Exhibit Ex. 1, part 9, # 10 Exhibit Ex. 1, part 10, # 11 Exhibit Ex. 1, part 11, # 12 Exhibit Ex. 1, part 12, # 13 Exhibit Ex. 1, part 13, # 14 Exhibit Ex. 1, part 14, # 15 Exhibit Ex. 1, part 15, # 16 Exhibit Ex. 2, # 17 Exhibit Ex. 3, # 18 Exhibit Ex. 4, # 19 Exhibit Ex. 5)(Diamondstone, Fred) (Entered: 08/17/2020)
2020-08-21102REPLY, filed by Defendant Federal Bureau of Investigation (FBI), TO RESPONSE to 94 MOTION for Summary Judgment (Fairchild, Katie) (Entered: 08/21/2020)
2020-08-21103DECLARATION of Michael G. Seidel re 92 MOTION for Partial Summary Judgment RE VEGAS 102 Reply to Response to Motion by Defendant Federal Bureau of Investigation (FBI) (Attachments: # 1 Exhibit A)(Fairchild, Katie) Modified on 8/24/2020 to strike text and modify docket entry relationship (TH). (Entered: 08/21/2020)
2020-08-21104REPLY, filed by Plaintiffs Sharon Maeda, Michael E. Withey, TO RESPONSE to 92 MOTION for Partial Summary Judgment RE VEGAS (Attachments: # 1 Proposed Order)(Snyder, Leah) (Entered: 08/21/2020)
2020-08-21105Second DECLARATION of Snyder filed by Plaintiffs Sharon Maeda, Michael E. Withey re 92 MOTION for Partial Summary Judgment RE VEGAS (Attachments: # 1 Exhibit Exhibits 1-5)(Snyder, Leah) (Entered: 08/21/2020)
2020-09-10106Stipulated MOTION Regarding Pre-Trial and Trial Deadlines , filed by Defendant Federal Bureau of Investigation (FBI). Noting Date 9/10/2020, (Stahman, Kayla) (Entered: 09/10/2020)
2020-09-14107MINUTE ORDER granting Parties' 106 Stipulated Motion Regarding Pre-Trial and Trial Deadlines . The 10/26/2020 bench trial and remaining pretrial deadlines re STRICKEN. Unless the Court's disposition of the pending motions for summary judgment renders a trial unnecessary, the parties are ORDERED to file a joint status report within 21 days of the Court's resolution of the pending summary judgment motions addressing: (1) a proposed trial date, (2) whether the parties are willing to proceed with a remote bench trial, and (3) whether the parties are willing to proceed before a Magistrate Judge. Authorized by U.S. District Judge John C Coughenour. (TH) (Entered: 09/14/2020)
2020-09-18108NOTICE of Change of Address/Change of Name of Attorney Leah S. Snyder. Filed by Plaintiffs Sharon Maeda, Michael E. Withey. (Snyder, Leah) (Entered: 09/18/2020)
2020-09-18109SUPPLEMENT re 107 Order on Stipulated Motion,,, Terminate Trial Date and Related Deadlines,, Supplemental Briefing Re: Agreed Statement of Facts by Plaintiffs Sharon Maeda, Michael E. Withey (Snyder, Leah) (Entered: 09/18/2020)
2020-09-25110RESPONSIVE BRIEF re 109 Supplement by Defendant Federal Bureau of Investigation (FBI). (Fairchild, Katie) (Entered: 09/25/2020)
2020-09-30111SUPPLEMENT re 109 Supplement, 110 Brief - Responsive REPLY RE MTN FOR AGREED FACTS by Plaintiffs Sharon Maeda, Michael E. Withey (Snyder, Leah) (Entered: 09/30/2020)
2020-09-30112AFFIDAVIT of Fred Diamondstone re 109 Supplement, 111 Supplement, 110 Brief - Responsive filed by Plaintiffs Sharon Maeda, Michael E. Withey (Snyder, Leah) (Entered: 09/30/2020)
2020-10-05113MINUTE ORDER: Having considered the parties' supplemental briefing (Dkt. Nos. 109 - 112 ), Plaintiffs' request that the Court order the parties to file an Agreed and Disputed Statement of Facts (Dkt. No. 106 ) is DENIED. Authorized by U.S. District Judge John C Coughenour. (LH) (Entered: 10/05/2020)
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