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Case TitleDAY v. UNITED STATES DEPARTMENT OF DEFENSE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv03422
Date Filed2019-11-12
Date ClosedOpen
JudgeJudge Emmet G. Sullivan
PlaintiffROGER CHARLES DAY, JR.
DefendantUNITED STATES DEPARTMENT OF DEFENSE
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-11-12Initiating Pleading & IFP Application Received on 11/12/2019. A copy of the docket sheet has been mailed to the address of record for the pro se party. (adh, ) (Entered: 11/13/2019)
2019-11-121COMPLAINT against UNITED STATES DEPARTMENT OF DEFENSE with Jury Demand filed by ROGER CHARLES DAY. (Attachment: # 1 Exhibit)(adh, ) (Entered: 11/13/2019)
2019-11-122MOTION for Leave to Proceed in forma pauperis by ROGER CHARLES DAY (adh, ) (Entered: 11/13/2019)
2019-11-123PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by ROGER CHARLES DAY (adh, ) (Entered: 11/13/2019)
2019-11-126SUMMONS (3) Issued as to UNITED STATES DEPARTMENT OF DEFENSE, U.S. Attorney and U.S. Attorney General (adh, ) (Entered: 12/04/2019)
2019-11-274ORDER directing an initial partial filing fee in the amount of $243.21 from Prison Account of ROGER CHARLES DAY and granting MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Pro Se party has been notified by first class mail. Signed by Judge Tanya S. Chutkan on 11/26/2019. (zmd) (Entered: 12/04/2019)
2019-12-04Case Reassigned to Judge Emmet G. Sullivan. Unassigned is no longer assigned to the case. (zmd) (Entered: 12/04/2019)
2019-12-045NOTICE OF RELATED CASE by ROGER CHARLES DAY, JR. Case related to Case No. 17-1418. (zmd) (Entered: 12/04/2019)
2019-12-046SUMMONS (3) Issued as to UNITED STATES DEPARTMENT OF DEFENSE, U.S. Attorney and U.S. Attorney General (adh, ) (Entered: 12/04/2019)
2019-12-117STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 12/11/19. (Attachment: Exhibit 1) (mac) (Entered: 12/11/2019)
2019-12-138RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/12/2019., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/12/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 1/11/2020.) (eg) (Entered: 12/16/2019)
2019-12-139Summons (1) Returned Unexecuted by ROGER CHARLES DAY, JR as to UNITED STATES DEPARTMENT OF DEFENSE. (eg) (Entered: 12/16/2019)
2020-01-22SUMMONS(1) REISSUED as to UNITED STATES DEPARTMENT OF DEFENSE (adh, ) (Entered: 01/22/2020)
2020-02-12Partial Filing Fee Received from ROGER CHARLES DAY, JR. in the amount of $106.41, receipt number: 4616102383. (zrdj) (Entered: 02/13/2020)
2020-04-1310MOTION for Judgment on the Pleadings by ROGER CHARLES DAY, JR (zjf) (Entered: 04/16/2020)
2020-04-2711NOTICE of Appearance by Sian Jones on behalf of UNITED STATES DEPARTMENT OF DEFENSE (Jones, Sian) (Entered: 04/27/2020)
2020-04-2712MOTION for Extension of Time to File by UNITED STATES DEPARTMENT OF DEFENSE (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 04/27/2020)
2020-04-27MINUTE ORDER: Defendant's 12 Motion for Extension of Time is GRANTED, and its response to Plaintiff's motion for judgment on the pleadings [ECF No. 10] is due by May 27, 2020. Signed by Judge Emmet G. Sullivan on 4/27/20. (ms) (Entered: 04/27/2020)
2020-04-28Set/Reset Deadlines: Defendant Response To Plaintiff's Motion For Judgment On The Pleadings due by 5/27/2020. (mac) (Entered: 04/28/2020)
2020-05-0813MOTION to Appoint Counsel by ROGER CHARLES DAY, JR (zjf) (Entered: 05/14/2020)
2020-05-14MINUTE ORDER: It is hereby ORDERED that plaintiff's motion for appointment of counsel 13 is DENIED WITHOUT PREJUDICE. Given the impact of the coronavirus pandemic, the Court will entertain motions for extensions of time as appropriate to compensate for plaintiff's 22-hour per day confinement to his cell and lack of access to the facility's law library. Signed by Judge Emmet G. Sullivan on 5/14/20. (ms) (Entered: 05/14/2020)
2020-05-2714MOTION for Extension of Time to File Answer re 1 Complaint Nunc Pro Tunc by UNITED STATES DEPARTMENT OF DEFENSE (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 05/27/2020)
2020-05-2715RESPONSE re 10 MOTION for Judgment on the Pleadings filed by UNITED STATES DEPARTMENT OF DEFENSE. (Jones, Sian) (Entered: 05/27/2020)
2020-05-29MINUTE ORDER: It is hereby ORDERED that Defendant's 14 Motion for Extension of Time is GRANTED, and that the UNITED STATES DEPARTMENT OF DEFENSE shall file its Answer by June 3, 2020.. Signed by Judge Emmet G. Sullivan on 5/29/20. (ms) (Entered: 05/29/2020)
2020-06-0316ANSWER to 1 Complaint by UNITED STATES DEPARTMENT OF DEFENSE.(Jones, Sian) (Entered: 06/03/2020)
2020-06-0517ORDER denying 10 Plaintiff's Motion for Judgment on the Pleadings and directing Defendant to file either a dispositive motion or a status report by July 10, 2020. Signed by Judge Emmet G. Sullivan on 6/5/20. (ms) (Entered: 06/05/2020)
2020-06-08Set/Reset Deadlines: Defendant Dispositive Motion Or Status Report due by 7/10/2020 (mac) (Entered: 06/08/2020)
2020-06-0818REPLY to opposition re 10 MOTION for Judgment on the Pleadings filed by ROGER CHARLES DAY, JR. (zjf) (Entered: 06/12/2020)
2020-06-0819RESPONSE re 14 MOTION for Extension of Time to File Answer re 1 Complaint Nunc Pro Tunc filed by ROGER CHARLES DAY, JR. (zjf) (Entered: 06/12/2020)
2020-07-1020STATUS REPORT by UNITED STATES DEPARTMENT OF DEFENSE. (Jones, Sian) (Entered: 07/10/2020)
2020-07-10MINUTE ORDER: On consideration of defendant's 20 Status Report, defendant shall file its next status report, to include a proposed schedule for dispositive motions if appropriate, by October 7, 2020. Signed by Judge Emmet G. Sullivan on 7/10/20. (ms) (Entered: 07/10/2020)
2020-07-13Set/Reset Deadlines: Defendant Status Report due by 10/7/2020 (mac) (Entered: 07/13/2020)
2020-07-2421MOTION for Cost and Fees by ROGER CHARLES DAY, JR (zjf) (Main Document 21 replaced on 8/5/2020) (znmw). (Entered: 08/03/2020)
2020-08-1122MOTION for Extension of Time to File by UNITED STATES DEPARTMENT OF DEFENSE (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 08/11/2020)
2020-08-11MINUTE ORDER: Defendant's 22 Motion for Extension of Time is GRANTED, and its response to plaintiff's Motion (ECF No. 21) is due by September 16, 2020. Signed by Judge Emmet G. Sullivan on 8/11/20. (psu2) (Entered: 08/11/2020)
2020-08-12Set/Reset Deadlines: Defendant Response To 21 Motion For Cost And Fees due by 9/16/2020 (mac) (Entered: 08/12/2020)
2020-09-1623RESPONSE re 21 MOTION for cost and fees filed by UNITED STATES DEPARTMENT OF DEFENSE. (Jones, Sian) (Entered: 09/16/2020)
2020-10-0724STATUS REPORT by UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 10/07/2020)
2020-10-08MINUTE ORDER: Plaintiff's motion for an award of fees and costs 21 is premature, and therefore is DENIED WITHOUT PREJUDICE. Signed by Judge Emmet G. Sullivan on 10/8/20. (psu2) (Entered: 10/08/2020)
2020-10-08MINUTE ORDER: On consideration of 24 Defendant's Status Report, it is hereby ORDERED that defendant shall file its summary judgment motion by January 28, 2021; plaintiff shall file his opposition and cross-motion by February 25, 2021; defendant shall file its reply and opposition to plaintiff's cross-motion by March 25, 2021; and plaintiff shall file his reply by April 22, 2021. Signed by Judge Emmet G. Sullivan on 10/8/22. (psu2) (Entered: 10/08/2020)
2020-10-08Set/Reset Deadlines: Defendant Summary Judgment Motion due by 1/28/2021. Plaintiff Opposition And Cross-Motion due by 2/25/2021. Defendant Reply And Opposition To Plaintiff's Cross-Motion due by 3/25/2021. Plaintiff Reply due by 4/22/2021. (mac) (Entered: 10/08/2020)
2020-10-1425REPLY to opposition re 21 MOTION for cost and fees filed by ROGER CHARLES DAY, JR. (zjf) (Entered: 10/20/2020)
2021-01-2526MOTION for Extension of Time to File by UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 01/25/2021)
2021-01-26MINUTE ORDER: It is hereby ORDERED that 26 Defendant's Motion for Extension of Time is GRANTED and the motions schedule set forth in the October 8, 2020 Minute order is VACATED. Defendant shall file its summary judgment motion by February 4, 2021; plaintiff shall file his opposition and cross-motion, if any, by March 4, 2021; defendant shall file its reply and opposition to plaintiff's cross-motion by April 1, 2021; and plaintiff shall file file his cross-motion reply by April 29, 2021. Signed by Judge Emmet G. Sullivan on 1/26/21. (psu2) (Entered: 01/26/2021)
2021-02-0427MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Text of Proposed Order)(Jones, Sian) (Entered: 02/04/2021)
2021-02-0528ERRATA by UNITED STATES DEPARTMENT OF DEFENSE re 27 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: # 1 Exhibit)(Jones, Sian) (Entered: 02/05/2021)
2021-02-0529Order advising plaintiff to respond by 3/4/2021 to 27 Defendant's Motion for Summary Judgment. Signed by Judge Emmet G. Sullivan on 2/5/21. (psu2) (Entered: 02/05/2021)
2021-02-05Set/Reset Deadlines: Plaintiff Response to Motion for Summary Judgment due by 3/4/2021. (mac) (Entered: 02/05/2021)
2021-02-1730RESPONSE re 27 MOTION for Summary Judgment , re 28 ERRATA by UNITED STATES DEPARTMENT OF DEFENSE re 27 MOTION for Summary Judgment filed by filed by ROGER CHARLES DAY, JR. (ztth) Modified to add docket entry relationship on 2/23/2021 (ztth). (Additional attachment(s) added on 2/23/2021: # 1 Exhibit) (ztth). (Entered: 02/23/2021)
2021-04-0131REPLY to opposition to motion re 27 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF DEFENSE. (Jones, Sian) (Entered: 04/01/2021)
2021-04-2332ORDER granting in part and denying in part 27 Defendant's Motion for Summary Judgment, and directing defendant to file a renewed motion by June 23, 2021. Signed by Judge Emmet G. Sullivan on 4/23/21. (psu2) (Entered: 04/23/2021)
2021-04-24Set/Reset Deadlines: Defendant Renewed Summary Judgment Motion due by 6/23/2021. (mac) (Entered: 04/24/2021)
2021-05-1033MOTION for Discovery by ROGER CHARLES DAY, JR. (zjf) (Entered: 05/13/2021)
2021-05-2434MOTION for Extension of Time to File by UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 05/24/2021)
2021-05-24MINUTE ORDER: It is hereby ORDERED that Defendant's 34 Motion for Extension of Time is granted, and its opposition to plaintiff's motion for discovery, ECF No. 33, is due by June 23, 2021. Signed by Judge Emmet G. Sullivan on 5/24/21. (psu2) (Entered: 05/24/2021)
2021-05-25Set/Reset Deadlines: Defendant's Opposition To Plaintiff's Motion For Discovery due by 6/23/21. (mac) (Entered: 05/25/2021)
2021-05-2535CERTIFICATE OF SERVICE by UNITED STATES DEPARTMENT OF DEFENSE re 34 MOTION for Extension of Time to File . (Jones, Sian) (Entered: 05/25/2021)
2021-06-1536MOTION for Extension of Time to File by UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Jones, Sian) (Entered: 06/15/2021)
2021-06-2337Memorandum in opposition to re 33 MOTION for Discovery filed by UNITED STATES DEPARTMENT OF DEFENSE. (Jones, Sian) (Entered: 06/23/2021)
2021-06-25MINUTE ORDER: It is hereby ORDERED that plaintiff's 33 Motion for Discovery is DENIED; and it is further ORDERED that defendant's 36 Motion for Extension of Time is GRANTED. Defendant shall file its renewed motion for summary judgment no later than September 21, 2021. Signed by Judge Emmet G. Sullivan on 6/25/21. (psu2) (Entered: 06/25/2021)
2021-06-26Set/Reset Deadlines: Defendant Renewed Motion For Summary Judgment due by 9/21/2021. (mac) (Entered: 06/26/2021)
2021-07-1938MOTION to Take Judicial Notice by ROGER CHARLES DAY, JR. (ztth) (Entered: 07/23/2021)
2021-07-26MINUTE ORDER: It is hereby ORDERED that plaintiff's 38 Motion to Take Judicial Notice is DENIED. Signed by Judge Emmet G. Sullivan on 7/26/21. (psu2) (Entered: 07/26/2021)
2021-09-0739MOTION for Reconsideration re Minute Order filed on 07/26/2021 that plaintiff's 38 Motion to Take Judicial Notice is DENIED on Motion to Take Judicial Notice by ROGER CHARLES DAY, JR. (zjf) (Entered: 09/09/2021)
2021-09-09MINUTE ORDER: The Court denied plaintiff's motion to take judicial notice of the Department of State's response to plaintiffs FOIA request No. FL-2021-00017. Plaintiff has not shown whether or how his FOIA request to the State Department is relevant to the topic of this case, the Department of Defense's response to FOIA request No. 19-F-1855. It is hereby ORDERED that plaintiff's "Motion for Reconsideration of this Court's 'Minute Order' Denying the Plaintiff's Motion (ECF 38) According to Rules 201(c)(2) and 201(e) of the Federal Rules of Evidence" 39 is DENIED. Signed by Judge Emmet G. Sullivan on 9/9/21. (psu2) (Entered: 09/09/2021)
2021-09-1040MOTION to Vacate Briefing Schedule or, in the alternative, for Extension of Time to File by UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Jones, Sian). Added MOTION for Extension of Time to on 9/13/2021 (znmw). (Entered: 09/10/2021)
2021-09-10MINUTE ORDER: On consideration of Defendant's Motion to Vacate Briefing Schedule or, in the Alternative, for Extension of Time 40 , it is hereby ORDERED that, for good cause shown, the motion 40 is GRANTED. The June 25, 2021, Minute Order is VACATED, and defendant shall file a status report by November 9, 2021, advising the Court of its progress reviewing the files that had been subject to Exemption 7(A) and propose a processing schedule for those records. Signed by Judge Emmet G. Sullivan on 9/10/21. (psu2) (Entered: 09/10/2021)
2021-11-0941STATUS REPORT by UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 11/09/2021)
2021-11-12MINUTE ORDER: On consideration of the 41 Status Report filed by UNITED STATES DEPARTMENT OF DEFENSE, it is hereby ORDERED that defendant shall file a Status Report on or before January 31, 2022, tofurther apprise the Court of its progress in processing the records previously withheld pursuant to FOIA Exemption 7(A). Signed by Judge Emmet G. Sullivan on 11/12/21. (psu2) (Entered: 11/12/2021)
2021-11-12Set/Reset Deadlines: Status Report due by 1/31/2022. (znbn) (Entered: 11/12/2021)
2022-01-3142STATUS REPORT by UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 01/31/2022)
2022-01-31MINUTE ORDER: On consideration of the 42 Status Report filed by UNITED STATES DEPARTMENT OF DEFENSE, it is hereby ORDERED that defendant shall file a Status Report on or before May 2, 2022, to further apprise the Court of its progress in processing the records previously withheld pursuant to FOIA Exemption 7(A). Signed by Judge Emmet G. Sullivan on 1/31/22. (psu2) (Entered: 01/31/2022)
2022-01-31Set/Reset Deadlines: Defendant Status Report due by 5/2/2022 (mac) (Entered: 01/31/2022)
2022-05-0243STATUS REPORT by UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 05/02/2022)
2022-05-03MINUTE ORDER: Upon consideration of Defendant's Status Report 43 , it is hereby ORDERED that Defendant shall file its next Status Report by August 31, 2022, to further apprise the Court of its progress in processing the records previously withheld under FOIA Exemption 7(A). Signed by Judge Emmet G. Sullivan on 5/3/22. (psu2) (Entered: 05/03/2022)
2022-05-03Set/Reset Deadlines: Defendant Status Report due by 8/31/2022 (mac) (Entered: 05/03/2022)
2022-08-3144STATUS REPORT by UNITED STATES DEPARTMENT OF DEFENSE. (Jones, Sian) (Entered: 08/31/2022)
2022-08-31MINUTE ORDER: Upon consideration of Defendant's Status Report 44 , it is hereby ORDERED that Defendant shall file its next Status Report by October 31, 2022, to further apprise the Court of its progress in processing the records previously withheld under FOIA Exemption 7(A). Signed by Judge Emmet G. Sullivan on 8/31/22. (psu2) (Entered: 08/31/2022)
2022-08-31Set/Reset Deadlines: Defendant's Status Report due by 10/31/2022. (zalh) (Entered: 08/31/2022)
2022-10-3145STATUS REPORT by UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 10/31/2022)
2022-10-31MINUTE ORDER: On consideration of 45 defendant's Status Report, it is hereby ORDERED that defendant, by December 15, 2022, defendant shall file its next Status Report and a proposed briefing schedule for dispositive motions. Signed by Judge Emmet G. Sullivan on 10/31/22. (psu2) (Entered: 10/31/2022)
2022-10-31Set/Reset Deadlines: Defendant Proposed Briefing Schedule And Status Report due by 12/15/2022 (mac) (Entered: 10/31/2022)
2022-12-1546STATUS REPORT by UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 12/15/2022)
2022-12-15MINUTE ORDER: On consideration of 46 Defendant's Status Report, it is hereby ORDERED that Defendant shall file its motion for summary judgment by March 15, 2023; Plaintiff shall file his opposition and cross-motion, if any, by May 1, 2023; Defendant shall file its reply and opposition to Plaintiffs cross-motion by June 5, 2023; and Plaintiff shall file his cross-motion reply by July 3, 2023. Signed by Judge Emmet G. Sullivan on 12/15/22. (psu2) (Entered: 12/15/2022)
2022-12-15Set/Reset Deadlines: Defendant Motion For Summary Judgment due by 03/15/2023. Plaintiff Opposition And Cross-Motion, If Any, due by 05/01/2023. Defendant Reply And Opposition To Plaintiffs Cross-Motion due by 06/05/2023. Plaintiff Cross-Motion Reply due by 07/03/2023. (mac) (Entered: 12/15/2022)
2023-03-0747MOTION for Extension of Time to File , MOTION for Briefing Schedule (Amended Schedule) by UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 03/07/2023)
2023-03-07MINUTE ORDER: It is hereby ORDERED that defendant's motion for an extension of time 47 47 is GRANTED, and the motions schedule set forth in the December 15, 2022, Minute Order is VACATED. It is further ORDERED that defendant shall file its motion for summary judgment by May 1, 2023; plaintiff shall file his opposition and cross-motion, if any, by June 15, 2023; defendant shall file its reply and opposition to plaintiff's cross-motion, if any, by July 20, 2023; plaintiff shall file his cross-motion reply by August 18, 2023. Signed by Judge Emmet G. Sullivan on 3/7/23. (psu2) (Entered: 03/07/2023)
2023-05-0148MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Dorgan, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K, # 15 Exhibit L, # 16 Exhibit M, # 17 Exhibit N, # 18 Declaration Smith, # 19 Exhibit A, # 20 Exhibit B, # 21 Exhibit C, # 22 Declaration Moore, # 23 Declaration Bender, # 24 Exhibit A, # 25 Declaration Broady, # 26 Declaration Younger, # 27 Exhibit 1 (Army), # 28 Exhibit 2 (DCMA), # 29 Exhibit 3 (DFAS), # 30 Exhibit 4 (DLA), # 31 Exhibit 5 (USPIS), # 32 Text of Proposed Order)(Jones, Sian) (Entered: 05/01/2023)
2023-05-0249Order advising plaintiff to respond by 6/15/2023 to defendant's 48 renewed motion for summary judgment. Signed by Judge Emmet G. Sullivan on 5/2/23. (psu2) (Entered: 05/02/2023)
2023-05-02Set/Reset Deadlines: Plaintiff Opposition To Defendant's Motion due by 6/15/2022 (mac) (Entered: 05/02/2023)
2023-05-0250MOTION to Take Judicial Notice by ROGER CHARLES DAY, JR. (Attachment: # 1 Exhibit)(zed) (Entered: 05/08/2023)
2023-05-08MINUTE ORDER: Plaintiff's Motion to Take Judicial Notice 50 is DENIED WITHOUT PREJUDICE. The document to which plaintiff refers already is included in the record of this case as an exhibit to a declaration in support of Defendants Renewed Motion for Summary Judgment (ECF No. 48-20). Signed by Judge Emmet G. Sullivan on 5/8/23. (psu2) (Entered: 05/08/2023)
2023-06-1652MOTION to Take Judicial Notice by ROGER CHARLES DAY, JR. (Attachment: # 1 Appendix)(zed) (Entered: 06/23/2023)
2023-06-1951MOTION to Stay re 49 Fox/Neal Order by ROGER CHARLES DAY, JR. (zed) (Entered: 06/23/2023)
2023-06-26MINUTE ORDER. The Court set June 15, 2023, as the deadline for plaintiff's opposition or other response to defendant's renewed motion for summary judgment (ECF No. 48). Rather than filing a proper opposition, plaintiff asks the Court to stay the opposition and to take judicial notice of 128 pages of records, submitted in no particular order without an explanation of their relevance. It is hereby ORDERED that the Motion to Stay Plaintiff's Response to the Defendant's Motion for Summary Judgment Pending the Outcome of the Rule 201(e) Obligatory Hearing Taking Judicial Notice of the Supplied Records and the Facts to be Noticed That These Records Reveal 51 and Motion According to Rules 201(c) and 201(e) of Federal Rules of Evidence 52 are DENIED. It is FURTHER ORDERED that plaintiff shall file his opposition to defendant's renewed summary judgment motion by July 14, 2023, and defendant shall file its reply by August 14, 2023. Signed by Judge Emmet G. Sullivan on 6/26/23. (psu2) (Entered: 06/26/2023)
2023-06-27Set/Reset Deadlines: Plaintiff Opposition To Defendant's Renewed Summary Judgment Motion due by 7/14/2022. Defendant Reply due by 8/14/2022. (mac) (Entered: 06/27/2023)
2023-07-1453MOTION for Reconsideration re Minute Order filed on 6/26/2023 by ROGER CHARLES DAY, JR.(mg) (Entered: 07/17/2023)
2023-08-2954NOTICE of Appearance by Michael David Wagner on behalf of All Defendants (Wagner, Michael) (Entered: 08/29/2023)
2024-01-1255ORDER granting in part and denying in part without prejudice 48 defendant's renewed Motion for Summary Judgment and denying 53 plaintiff's Motion for Reconsideration. Signed by Judge Emmet G. Sullivan on 1/12/24. (psu2) (Entered: 01/12/2024)
2024-01-17Set/Reset Deadlines: Defendant Renewed Motion For Summary Judgment due by 3/1/2024. Plaintiff Opposition And Cross Motion due by 4/1/2024. due by 5/1/2024. Plaintiff Cross Motion Reply due by 5/31/2024. (mac) (Entered: 01/17/2024)
2024-02-2256MOTION for Extension of Time to File Renewed MSJ , MOTION for Briefing Schedule by UNITED STATES DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 02/22/2024)
2024-02-29MINUTE ORDER: It is hereby ORDERED that defendant's 56 Motion for Extension of Time and 56 for Briefing Schedule is GRANTED. Defendant shall file its renewed summary judgment motion by April 30, 2024; plaintiff shall file his opposition and cross-motion, if any, by May 31, 2024; defendant shall file a reply and opposition to plaintiff's cross-motion by July 1, 2024; plaintiff shall file his cross-motion reply by July 30, 2024. Signed by Judge Emmet G. Sullivan on 2/29/24. (psu2) (Entered: 02/29/2024)
2024-03-01Set/Reset Deadlines: Defendant Renewed Motion For Summary Judgment due by 4/30/2023. Plaintiff Opposition And Cross-Motion, If Any, due by 5/31/2024. Defendant Reply And Opposition To Plaintiff's Cross-Motion due by 7/1/2024. Plaintiff Cross-Motion Reply due by 7/30/2024. (mac) (Entered: 03/01/2024)
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