Case Detail

FOIA Project Annotation: A federal court in Illinois has ruled that the State Department has not yet shown that it conducted an adequate search for records concerning the investigation of former Foreign Service officer John Erwin. The court indicated that neither the agency nor Erwin had provided a list of facts that complied with local rules. Instead, the court relied on facts provided in a previous suit Erwin had filed against the government. Since Erwin had been investigated by the Bureau of Diplomatic Security, the agency told the court it had found some responsive records after searching four Diplomatic Security components. The court noted that "but the affidavit fails to describe with any level of specificity what searches were conducted within those components and which documents were found. [The agency's] averment that documents concerning Erwin 'were located in [one of the components]' does not say that all documents in the component concerning Erwin were located and, without some description of how the search was conducted, the affidavit 'lacks the detail necessary to afford [Erwin] an opportunity to challenge the adequacy of the search and to allow the district court to determine if the search was adequate in order to grant summary judgment.'" Although the court declined to consider the agency's exemption claims until it supplemented its affidavit, the court questioned State's claim that the records concerning Erwin were created for law enforcement purposes under Exemption 7 (law enforcement records). The court observed that "without further explanation, the court cannot conclude that the investigation was for law enforcement purposes." The court also questioned State's segregability claims. The court pointed out that "the Department does not explain with any degree of specificity, however, why it could not protect the privacy of third parties and the need to avoid disclosure of law enforcement techniques through redacting those lengthy documents as opposed to entirely withholding them."
Issues: Adequacy - Search

FOIA Project Annotation: A federal court in Illinois has ruled that the State Department's supplemental affidavit adequately justifies its invocation of Exemption 7(law enforcement records) to protect portions of its security background check on John Erwin. While Erwin argued that his suitability for employment did not constitute a law enforcement investigation, the court noted that "the Department's background check of Erwin satisfies Exemption 7's 'law enforcement purposes' requirement." He indicated that such investigations were conducted under an executive order and pointed out that "suitability investigations by Diplomatic Security likewise are conducted pursuant to an Executive Order providing that eligibility for access to classified information will be granted only after an investigation confirms the employee's 'loyalty to the United States, strength of character, trustworthiness, honesty, reliability, discretion, and sound judgment.' Given Diplomatic Security's position as 'the law enforcement arm of the Department'. . .documents related to the Department's background check of Erwin satisfy Exemption 7's 'law enforcement purposes' requirement." Rejecting Erwin's segregability claim, the court observed that "for each of the eleven documents that continue to be withheld in full, the updated Vaughn index describes the information withheld in detail and explains with sufficient particularity why the Department withheld the entire document. Given the presumption that the Department has satisfied its duty to disclose reasonably segregable information�"a presumption Erwin fails to overcome�"the court finds that the Department has met its obligation."
Issues: Exemption 7 - Law enforcement records

FOIA Project Annotation: A federal court in Illinois has dismissed former Foreign Service officer John Erwin's FOIA suit after finding that he failed to file his motion for reconsideration within 30 days as required by local court rules. In arguing that the court erred by not appointing counsel to help him, Erwin indicated the local rules were too confusing for someone who was not an attorney. But the court noting that Erwin had attended the University of Illinois and the University of Chicago and had been able to pass the foreign service officer's test, pointed out that "the complaint itself, as one would expect from somebody of Erwin's formidable educational and professional background, was highly articulate and well-organized, marshaling the relevant facts and law as well as many lawyers could have done. Given that FOIA cases generally are decided on the papers, the court was justified in concluding that Erwin, in light of his education, intelligence, and ability to convey factual and legal matters in writing, was more than capable of handling the case on his own."
Issues: Litigation - Jurisdiction - Standing

Date Filed	Doc #	Docket Text
2011-09-16	1	RECEIVED Complaint and 4 copies by John Erwin (ma, ) (Entered: 09/19/2011)
2011-09-16	2	CIVIL Cover Sheet (ma, ) (Entered: 09/19/2011)
2011-09-16	3	PRO SE Appearance by Plaintiff John Erwin (ma, ) (Entered: 09/19/2011)
2011-09-16	4	APPLICATION by Plaintiff John Erwin for leave to proceed in forma pauperis (ma, ) (Entered: 09/19/2011)
2011-09-16	5	MOTION by Plaintiff John Erwin for appointment of counsel (ma, ) (Entered: 09/19/2011)
2011-09-16	6	EXHIBITS by Plaintiff John Erwin regarding received complaint 1 (RESTRICTED) (ma, ) (Entered: 09/19/2011)
2011-09-22	7	MINUTE entry before Honorable Gary Feinerman: Application to proceed in forma pauperis 4 is granted. Plaintiff's motion for appointment of counsel 5 is denied. BecausePlaintiff has a post-graduate education and exhibited facility in the complaint with the relevant law and facts, and because the relevant law is not complex, Plaintiff is capable of handling this litigation pro se. The Clerk of the Court is directed to issue summons forthwith. The U.S. Marshals are appointed to serve the defendant. Initial status hearing set for 11/28/2011 at 9:00 a.m. Initial Status Report shall be filed by 11/22/2011. Please see Judge Feinerman's web page (http://www.ilnd.uscourts.gov, to "District Judges," to "Judge Gary Feinerman," to "Initial Status Hearings" under Case Management Procedures) for details on the initial status hearing and Initial Status Report. Mailed notice (ma,) (Entered: 09/23/2011)
2011-09-22	8	COMPLAINT filed by John Erwin; Jury Demand. (ma,) (Entered: 09/23/2011)
2011-09-23		SUMMONS Issued, three originals and three copies, three copies of complaint and two certified copies of minute order dated 9/22/11 to the U.S. Marshal's Office for service as to defendants U.S. Department of State, U.S. Attorney, and U.S. Attorney General (ma,) (Entered: 09/23/2011)
2011-10-07	9	AFFIDAVIT of Service regarding Summons Returned Executed served on United States Attorney on 10/3/11 (ma, ) (Entered: 10/12/2011)
2011-10-20	10	AFFIDAVIT of Service regarding Summons Returned Executed served on U.S. Attorney General on 10/11/11 (ma, ) (Entered: 10/21/2011)
2011-11-22	11	STATUS Report by John Erwin (Erwin, John) (Entered: 11/22/2011)
2011-11-22	12	MINUTE entry before Honorable Gary Feinerman:By agreement of the parties, initial status hearing scheduled for 11/28/2011 7 is stricken and re-set 1/5/2012 at 9:00 a.m. Initial joint status report shall be filed by 12/29/2011.Mailed notice. (jlj) (Entered: 11/22/2011)
2011-11-28	13	MINUTE entry before Honorable Gary Feinerman:Plaintiff is ordered to show cause, by 12/12/2011, why the exhibits to the complaint 6 should not be unsealed. Plaintiff may discharge the order to show cause by filing an appropriate motion to maintain the exhibits under seal.Mailed notice. (jlj) (Entered: 11/28/2011)
2011-11-29	14	MOTION by Plaintiff John Erwin to seal document EXHIBITS B & F (Erwin, John) (Entered: 11/29/2011)
2011-11-29	15	NOTICE of Motion by John Erwin for presentment of motion to seal document 14 before Honorable Gary Feinerman on 12/5/2011 at 09:00 AM. (Erwin, John) (Entered: 11/29/2011)
2011-11-29	16	DESIGNATION of Harpreet Kaur Chahal as U.S. Attorney for Defendant U.S. Department of State (Chahal, Harpreet) (Entered: 11/29/2011)
2011-11-29	17	SUMMONS Returned Executed as to U.S. Department of State served on 10/7/2011, answer due 12/6/2011 (ma,) (Entered: 12/01/2011)
2011-12-01	18	MINUTE entry before Honorable Gary Feinerman:Motion to seal documents 14 is granted in part, denied in part, and reserved in part. Plaintiff shall re-file the exhibits to his complaint 6 as a publicly available document. Exhibits A, C, D, and E should have no redactions. The personal identifiers in Exhibit B (Social Security number, date of birth, place of birth, passport numbers) may be redacted. Exhibit F may be redacted in its entirety for the time being. When Defendant appears, it shall file a pleading addressing whether Exhibit F should remain under seal in its entirety, in part, or not at all. Motion hearing scheduled for 12/5/2011 15 is stricken.Mailed notice. (jlj) (Entered: 12/01/2011)
2011-12-02	19	EXHIBIT by Plaintiff John Erwin Exhibits A-F regarding exhibit 6 (Erwin, John) (Entered: 12/02/2011)
2011-12-21	20	MOTION by Defendant U.S. Department of State for extension of time to file answer (Chahal, Harpreet) (Entered: 12/21/2011)
2011-12-22	21	RESPONSE by John Erwin to MOTION by Defendant U.S. Department of State for extension of time to file answer 20 (Erwin, John) (Entered: 12/22/2011)
2011-12-29	22	STATUS Report by John Erwin (Erwin, John) (Entered: 12/29/2011)
2011-12-30	23	MINUTE entry before Honorable Gary Feinerman:Status hearing scheduled for 1/5/2012 at 9:00 a.m. 12 is re-set for 9:30 a.m.Mailed notice. (jlj) (Entered: 12/30/2011)
2012-01-05	24	MINUTE entry before Honorable Gary Feinerman:Status hearing held and continued to 3/8/2012 at 9:00 a.m. Defendant's motion to extend time to file answer 20 is granted. Defendant shall answer or otherwise plead to the complaint by 2/20/2012. No further extensions will be allowed absent extraordinary circumstances. The parties have agreed that Exhibit F will remain redacted. Discovery is stayed pending further order of court.Mailed notice. (jlj) (Entered: 01/06/2012)
2012-02-17	25	ANSWER to Complaint by U.S. Department of State(Chahal, Harpreet) (Entered: 02/17/2012)
2012-02-21	26	STATUS Report March 8, 2012, 9 AM by John Erwin (Erwin, John) (Entered: 02/21/2012)
2012-02-21	27	MOTION by Plaintiff John Erwin to compel (Attachments: # 1 Exhibit Exhibits A-B, # 2 Exhibit Exhibit C (1 of 2), # 3 Exhibit Exhibit C (2 of 2))(Erwin, John) (Entered: 02/21/2012)
2012-03-08	28	MINUTE entry before Honorable Gary Feinerman:Status hearing held and continued to 4/16/2012 at 9:00 a.m. Plaintiff's motion to compel 27 is entered and continued to 4/16/2012 at 9:00 a.m. Defendant to file summary judgment motion by 4/9/2012.Mailed notice. (jlj) (Entered: 03/08/2012)
2012-04-04	29	MOTION by Defendant U.S. Department of State for extension of time to file motion for summary judgment (Attachments: # 1 Declaration)(Chahal, Harpreet) (Entered: 04/04/2012)
2012-04-04	30	NOTICE of Motion by Harpreet Kaur Chahal for presentment of motion for extension of time to file 29 before Honorable Gary Feinerman on 4/10/2012 at 09:00 AM. (Chahal, Harpreet) (Entered: 04/04/2012)
2012-04-05	31	MOTION by Plaintiff John Erwin for extension of time to file response/reply as to motion for extension of time to file 29 Plaintiff's Response to Defendant's Motion to Extend Time (Erwin, John) (Entered: 04/05/2012)
2012-04-06	32	MINUTE entry before Honorable Gary Feinerman:Motion for extension of time to file motion for summary judgment 29 is granted in part and denied in part. Given Plaintiff's representation 31 that only one FOIA request (rather than nine) is at issue, the time for Defendant to file its summary judgment motion is extended to 5/7/2012. Document 31 is termed as a motion. Status hearing scheduled for 4/16/2012 28 is stricken and re-set for 5/10/2012 at 9:30 a.m. Motion hearing scheduled for 4/10/2012 30 is stricken.Mailed notice. (jlj) (Entered: 04/06/2012)
2012-05-07	33	MOTION by Defendant U.S. Department of State for summary judgment (Chahal, Harpreet) (Entered: 05/07/2012)
2012-05-07	34	MEMORANDUM by U.S. Department of State in support of motion for summary judgment 33 (Chahal, Harpreet) (Entered: 05/07/2012)
2012-05-07	35	RULE 56 1 Statement by U.S. Department of State regarding motion for summary judgment 33 (Attachments: # 1 Declaration, # 2 Declaration, # 3 Declaration, # 4 Declaration, # 5 Declaration)(Chahal, Harpreet) (Entered: 05/07/2012)
2012-05-07	36	RULE 56 2 Statement by U.S. Department of State regarding motion for summary judgment 33 Notice to Pro Se Litigant (Chahal, Harpreet) (Entered: 05/07/2012)
2012-05-07	37	NOTICE of Motion by Harpreet Kaur Chahal for presentment of motion for summary judgment 33 before Honorable Gary Feinerman on 5/22/2012 at 09:00 AM. (Chahal, Harpreet) (Entered: 05/07/2012)
2012-05-09	38	RESPONSE by Plaintiff John Erwin to memorandum in support of motion 34 Response to Defendant's Motion for Summary Judgment (Erwin, John) (Entered: 05/09/2012)
2012-05-09	39	MINUTE entry before Honorable Gary Feinerman: Status hearing scheduled for 5/10/2012 32 is stricken and re-set for 5/22/2012 at 9:00 a.m.Mailed notice. (jlj) (Entered: 05/09/2012)
2012-05-17	40	MOTION by Defendant U.S. Department of State to withdraw exhibit related to summary judgment (Chahal, Harpreet) (Entered: 05/17/2012)
2012-05-17	41	NOTICE of Motion by Harpreet Kaur Chahal for presentment of motion to withdraw 40 before Honorable Gary Feinerman on 5/22/2012 at 09:00 AM. (Chahal, Harpreet) (Entered: 05/17/2012)
2012-05-22	42	MINUTE entry before Honorable Gary Feinerman:Status hearing held and continued to 7/17/2012 at 9:00 a.m. Motion hearing held. Defendant's motion for summary judgment 33 is entered and continued. Defendant shall file its reply in support of its summary judgment motion by 5/30/2012. Motion to withdraw exhibit filed in support of motion for summary judgment 40 is granted. Defendant shall file a substitute exhibit by 5/25/2012.Mailed notice. (jlj) (Entered: 05/22/2012)
2012-05-25	43	Redacted Exhibit by U.S. Department of State (Chahal, Harpreet) (Entered: 05/25/2012)
2012-05-30	44	MOTION by Defendant U.S. Department of State for extension of time to file REPLY BRIEF ISO SUMMARY JUDGMENT (Chahal, Harpreet) (Entered: 05/30/2012)
2012-05-30	45	NOTICE of Motion by Harpreet Kaur Chahal for presentment of motion for extension of time to file 44 before Honorable Gary Feinerman on 6/5/2012 at 09:00 AM. (Chahal, Harpreet) (Entered: 05/30/2012)
2012-05-30	46	RESPONSE by John Erwinin Opposition to MOTION by Defendant U.S. Department of State for extension of time to file REPLY BRIEF ISO SUMMARY JUDGMENT 44 (Erwin, John) (Entered: 05/30/2012)
2012-05-31	47	MINUTE entry before Honorable Gary Feinerman:Motion for extension of time to file reply brief in support of summary judgment 44 is granted. The time for Defendant to file its reply brief is extended to 6/13/2012. Motion hearing scheduled for 6/5/2012 45 is stricken.Mailed notice. (jlj) (Entered: 05/31/2012)
2012-06-13	48	REPLY brief by Defendant in support of motion for summary judgment 33 (Attachments: # 1 Exhibit Affidavit of Jason Mehta) (Chahal, Harpreet) (Docket text modified by clerk's office) (vmj, ). (Entered: 06/13/2012)
2012-06-14	49	REPLY by John Erwin to reply 48 (Attachments: # 1 Exhibit EXHIBIT A, # 2 Exhibit EXHIBIT B)(Erwin, John) (Entered: 06/14/2012)
2012-07-13	50	MINUTE entry before Honorable Gary Feinerman: Status hearing scheduled for 7/17/2012 42 is stricken and re-set for 8/21/2012 at 9:00 a.m.Mailed notice. (jlj) (Entered: 07/13/2012)
2012-08-16	51	MINUTE entry before Honorable Gary Feinerman: On the Court's own motion, status hearing set for 8/21/2012 is stricken and re-set to 9/18/2012 at 9:00 A.M. Mailed notice by judge's staff. (srb,) (Entered: 08/16/2012)
2012-09-12	52	MINUTE entry before Honorable Gary Feinerman: Status hearing scheduled for 9/18/2012 51 is stricken and re-set for 10/22/2012 at 9:00 a.m.Mailed notice. (jlj) (Entered: 09/12/2012)
2012-10-03	53	MINUTE entry before Honorable Gary Feinerman: Status hearing scheduled for 10/22/2012 52 at 9:00 a.m. is re-set for 9:30 a.m.Mailed notice. (jlj) (Entered: 10/03/2012)
2012-10-18	54	MINUTE entry before Honorable Gary Feinerman: Status hearing scheduled for 10/22/2012 53 is stricken and re-set for 11/27/2012 at 9:30 a.m.Mailed notice. (jlj) (Entered: 10/18/2012)
2012-11-21	55	MINUTE entry before Honorable Gary Feinerman: Status hearing set for 11/27/2012 is stricken and reset to 12/20/2012 at 09:00 AM.Mailed notice (ldg, ) (Entered: 11/21/2012)
2012-12-18	56	MINUTE entry before Honorable Gary Feinerman:By order of the court, status hearing scheduled for 12/20/2012 55 is stricken and re-set for 2/5/2013 at 9:00 a.m.Mailed notice. (jlj) (Entered: 12/18/2012)
2012-12-28	57	EXHIBIT by Plaintiff John Erwin FSGB Filing regarding reply to response to motion 49 , reply 48 (Attachments: # 1 Exhibit Ex. A)(Erwin, John) (Entered: 12/28/2012)
2013-01-15	58	EXHIBIT by Plaintiff John Erwin FSGB Filing CONTINUED regarding exhibit 57 (Attachments: # 1 Exhibit EXHIBIT B)(Erwin, John) (Entered: 01/15/2013)
2013-01-24	59	MOTION by Plaintiff John Erwin for extension of time (Erwin, John) (Entered: 01/24/2013)
2013-02-04	60	MINUTE entry before Honorable Gary Feinerman: Status hearing scheduled for 2/5/2013 56 is stricken and re-set for 3/5/2013 at 9:30 a.m.Mailed notice. (jlj) (Entered: 02/04/2013)
2013-02-21	61	MOTION by Plaintiff John Erwin for extension of time (Attachments: # 1 Exhibit Ex A, # 2 Exhibit Ex B)(Erwin, John) (Entered: 02/21/2013)
2013-03-01	62	MINUTE entry before Honorable Gary Feinerman: Status hearing scheduled for 3/5/2013 60 is stricken and re-set for 4/15/2013 at 9:30 a.m. A ruling on the pending motions will issue shortly.Mailed notice. (jlj) (Entered: 03/01/2013)
2013-03-06	63	MINUTE entry before Honorable Gary Feinerman:For the reasons set forth in the accompanying Memorandum Opinion and Order, Defendant's motion for summary judgment 33 is denied. The Department may file a renewed summary judgment motion by 4/3/2013. Plaintiff's motion to compel 27 is denied without prejudice; the motion simply seeks the documents requested in the complaint, and as noted in the Memorandum Opinion and Order, the Department will be given another opportunity to demonstrate that those documents need not be turned over. Plaintiff's motion for an extension of time 59 and Plaintiff's motion for an extension of time 61 are denied as moot. Mailed notice. (jlj) (Entered: 03/06/2013)
2013-03-06	64	MEMORANDUM Opinion and Order Written by the Honorable Gary Feinerman on 3/6/2013.Mailed notice.(jlj) (Entered: 03/06/2013)
2013-03-29	65	MOTION by Defendant U.S. Department of State for extension of time to file renewed MSJ (Chahal, Harpreet) (Entered: 03/29/2013)
2013-03-29	66	NOTICE by U.S. Department of State re MOTION by Defendant U.S. Department of State for extension of time to file renewed MSJ 65 (Chahal, Harpreet) (Entered: 03/29/2013)
2013-04-01	67	MINUTE entry before Honorable Gary Feinerman:Motion for extension of time to file a renewed motion for summary judgment 65 is granted. The time for Defendant to file its renewed summary judgment motion is extended to 5/16/2013. Motion hearing scheduled for 4/4/2013 66 is stricken. Status hearing scheduled for 4/15/2013 62 is stricken and re-set for 6/5/2013 at 9:00 a.m.Mailed notice. (jlj) (Entered: 04/01/2013)
2013-05-14	68	MOTION by Defendant U.S. Department of State for extension of time to file renewed MSJ (Attachments: # 1 Affidavit)(Chahal, Harpreet) (Entered: 05/14/2013)
2013-05-14	69	NOTICE by U.S. Department of State re MOTION by Defendant U.S. Department of State for extension of time to file renewed MSJ 68 (Chahal, Harpreet) (Entered: 05/14/2013)
2013-05-15	70	NOTICE of Motion by Harpreet Kaur Chahal for presentment of extension of time 68 before Honorable Gary Feinerman on 5/20/2013 at 09:00 AM. (Chahal, Harpreet) (Entered: 05/15/2013)
2013-05-16	71	MOTION by Plaintiff John Erwin for extension of time (to deny Defendant's motion for extension of time) (Erwin, John) (Entered: 05/16/2013)
2013-05-16	72	MINUTE entry before Honorable Gary Feinerman:United States' motion for extension of time to file a renewed motion for summary judgment 68 is granted. The time for Defendant to file its renewed summary judgment motion is extended to 5/22/2013. No further extensions will be granted absent extraordinary circumstances. To the extent it is a motion, motion for extension of time 71 is denied. Motion hearing scheduled for 5/20/2013 70 is stricken.Mailed notice. (jlj) (Entered: 05/16/2013)
2013-05-22	73	MOTION by Defendant U.S. Department of State for summary judgment (Chahal, Harpreet) (Entered: 05/22/2013)
2013-05-22	74	MEMORANDUM by U.S. Department of State in support of motion for summary judgment 73 (Attachments: # 1 Declaration Part 1, # 2 Declaration Part 2)(Chahal, Harpreet) (Entered: 05/22/2013)
2013-05-22	75	RULE 56.1 Statement by U.S. Department of State regarding motion for summary judgment 73 (Chahal, Harpreet) (Entered: 05/22/2013)
2013-05-22	76	RULE 56.2 Notice to Pro Se Litigant Statement by U.S. Department of State regarding motion for summary judgment 73 (Chahal, Harpreet) (Entered: 05/22/2013)
2013-05-22	77	RESPONSE by John Erwin to MOTION by Defendant U.S. Department of State for summary judgment 73 Cross-Motion for Summary Judgment (Erwin, John) (Entered: 05/22/2013)
2013-05-22	78	MEMORANDUM IN SUPPORT OF CROSS-MOTION FOR SUMMARY JUDGMENT (Attachments: # 1 Exhibit A1, # 2 Exhibit A2, # 3 Exhibit A3, # 4 Exhibit A4, # 5 Exhibit A5, # 6 Exhibit A6, # 7 Exhibit A7, # 8 Exhibit B1, # 9 Exhibit B2, # 10 Exhibit C1, # 11 Exhibit C2, # 12 Exhibit D, # 13 Exhibit E)(Erwin, John) (Entered: 05/22/2013)
2013-05-22	79	RULE 56 56.1(b)(3) Statement OF UNDISPUTED MATERIAL FACTS & ADDITIONAL UNDISPUTED MATERIAL FACTS 56.1(b)(3)(c) (Attachments: # 1 Exhibit A1, # 2 Exhibit A2, # 3 Exhibit A3, # 4 Exhibit A4, # 5 Exhibit A5, # 6 Exhibit A6, # 7 Exhibit A7, # 8 Exhibit B1, # 9 Exhibit B2, # 10 Exhibit C1, # 11 Exhibit C2, # 12 Exhibit D, # 13 Exhibit E)(Erwin, John) (Entered: 05/22/2013)
2013-06-03	80	MINUTE entry before Honorable Gary Feinerman:Defendant's renewed motion for summary judgment 73 is entered and continued. Motion hearing scheduled for 6/5/2013 77 is stricken. Plaintiff's local Rule 56.1(B)(3) response to defendant's statement of undisputed material facts and Local Rule 56.1(B)(3)(C) statement of additional facts toward the denial of defendant's motion for summary judgment 79 is stricken for failure to comply with Local Rule 56.1(b). Plaintiff shall respond to Defendant's summary judgment motion 73 , memorandum 74 , and Local Rule 56.1(a)(3) statement 75 by 6/26/2013. Defendant shall reply by 7/17/2013. Status hearing scheduled for 6/5/2013 67 is stricken and re-set for 9/17/2013 at 9:00 a.m.Mailed notice. (jlj) (Entered: 06/03/2013)
2013-06-03	81	NOTICE of Motion by John Erwin Cross-Motion for Summary Judgment (Erwin, John)(Docket text modified by Clerk's Office on 6/4/2013 (rp, ).) (Entered: 06/03/2013)
2013-06-03	82	MEMORANDUM in support of Cross-Motion for Summary Judgment (Attachments: # 1 Exhibit A1, # 2 Exhibit A2, # 3 Exhibit A3, # 4 Exhibit A4, # 5 Exhibit A5, # 6 Exhibit A6, # 7 Exhibit A7, # 8 Exhibit B1, # 9 Exhibit B2, # 10 Exhibit C1, # 11 Exhibit C2, # 12 Exhibit D, # 13 Exhibit E)(Erwin, John) (Entered: 06/03/2013)
2013-06-03	83	RULE 56 56.1(b)(3) Statement of undisputed material facts & additional undisputed material facts 56.1(b)(3)(c) Statement (Attachments: # 1 Exhibit A1, # 2 Exhibit A2, # 3 Exhibit A3, # 4 Exhibit A4, # 5 Exhibit A5, # 6 Exhibit A6, # 7 Exhibit A7, # 8 Exhibit B1, # 9 Exhibit B2, # 10 Exhibit C1, # 11 Exhibit C2, # 12 Exhibit D)(Erwin, John) (Entered: 06/03/2013)
2013-06-04	84	NOTICE of Motion by John Erwin for presentment of before Honorable Gary Feinerman on 9/17/2013 at 09:00 AM. (Erwin, John) (Entered: 06/04/2013)
2013-06-04	85	MINUTE entry before Honorable Gary Feinerman: Plaintiff's notice of motions for cross motion for summary judgment 81 and 84 scheduled for 9/17/2013 are stricken for failure to comply with Local Rule 5.3(b). Plaintiff's memorandums of points and authorities in support of cross-motion for summary judgment and in opposition to defendant Department of State's motion for summary judgment 78 82 are stricken for failure to comply with Local Rule 7.1. Mailed notice. (jlj) (Entered: 06/04/2013)
2013-06-05	86	MEMORANDUM by John Erwin in Opposition to motion for summary judgment 73 Cross-Motion for Summary Judgment (Erwin, John) (Entered: 06/05/2013)
2013-07-17	87	REPLY by Defendant U.S. Department of State to memorandum in opposition to motion 86 (Chahal, Harpreet) (Entered: 07/17/2013)
2013-07-17	88	RESPONSE by Defendant U.S. Department of State to Rule 56 statement, 83 (Chahal, Harpreet) (Entered: 07/17/2013)
2013-08-30	89	MOTION by Plaintiff John Erwin for extension of time (Erwin, John) (Entered: 08/30/2013)
2013-08-30	90	NOTICE by John Erwin re MOTION by Plaintiff John Erwin for extension of time 89 (Erwin, John) (Entered: 08/30/2013)
2013-09-03	91	MINUTE entry before Honorable Gary Feinerman:Motion for extension of time 89 is granted. The 9/17/2013 status hearing 80 is stricken and re-set for 10/8/2013 at 9:00 a.m. Motion hearing scheduled for 9/5/2013 90 is stricken.Mailed notice. (jlj) (Entered: 09/03/2013)
2013-10-02	92	STATUS Report by John Erwin (Attachments: # 1 Supplement DOS Document P016)(Erwin, John) (Entered: 10/02/2013)
2013-10-07	93	MINUTE entry before Honorable Gary Feinerman: Status hearing set for 10/8/2013 91 is stricken and re-set for 11/7/2013 at 9:30 a.m.Mailed notice. (jlj) (Entered: 10/07/2013)
2013-10-07	94	GENERAL ORDER 13-0018 dated 10/7/13: IT IS HEREBY ORDERED, effective October 1, 2013, that all civil litigation involving as a party the United States of America, is immediately suspended, postponed and held in abeyance continuing for a period of fourteen (14) days from the date of entry of this General Order (For Further Details See Attached Order). Signed by Chief Judge Castillo. (et, ) (Entered: 10/07/2013)
2013-10-17	95	GENERAL ORDER 13-0019 dated 10/17/13: IT IS THEREFORE ORDERED, that the stay entered by General Order 13-0018 is hereby lifted, and any and all deadlines in the affected civil litigation (whether established by order, rule, or agreement), including but not limited to any scheduled discovery and pleading dates, are extended by 28 days. The Court warns litigants that this General Order does not purport to affect rights to or deadlines concerning appeal from any decision of this Court. Any litigant affected by this General Order may see relief from the order by motion. Trial dates in the affected cases will stand, although they may need to be adjusted in individual cases to account for the extension of other dates. The Court may, in any particular case, vary the effect or operation of this General Order by a separate ruling. (For Further Details See Attached Order). Signed by Chief Judge Castillo on 10/17/2013 (td, ). (Entered: 10/17/2013)
2013-11-06	96	MINUTE entry before Honorable Gary Feinerman: The 11/7/2013 status hearing 93 is stricken. The court soon will issue a ruling on the cross-motions for summary judgment 73 77 . Mailed notice (ef, ) (Entered: 11/06/2013)
2013-12-09	97	MINUTE entry before the Honorable Gary Feinerman:For the reasons set forth in the accompanying Memorandum Opinion and Order, Defendant's motion for summary judgment 73 is granted and Plaintiff's cross-motion for summary judgment 86 is denied. Enter judgment order. Civil case closed.Mailed notice. (jlj) (Entered: 12/09/2013)
2013-12-09	98	MEMORANDUM Opinion and Order Written by the Honorable Gary Feinerman on 12/9/2013.Mailed notice.(jlj) (Entered: 12/09/2013)
2013-12-09	99	ENTERED JUDGMENT on 12/9/2013.Mailed notice.(jlj) (Entered: 12/09/2013)
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