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Case TitleBAROUCH v. DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2012cv00129
Date Filed2012-01-23
Date Closed2013-09-04
JudgeJudge Amy Berman Jackson
PlaintiffDAVID JACK BAROUCH
DefendantDEPARTMENT OF JUSTICE
DefendantU.S. MARSHAL SERVICE
DefendantDEPARTMENT OF JUSTICE CRIMINAL DIVISION
DefendantDEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR U.S. ATTORNEYS
DefendantDEPARTMENT OF JUSTICE BUREAU OF PRISONS
DefendantDEPARTMENT OF THE TREASURY
DefendantDEPARTMENT OF THE TREASURY, BUREAU OF ALCOHOL, TOBACCO & FIREARMS
DefendantPARKER COUNTY SHERIFF DEPARTMENT
DefendantPARKER COUNTY SHERIFF DEPARTMENT
TERMINATED: 12/12/2012
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [29]
FOIA Project Annotation: In finding that various DOJ components conducted adequate searches and properly applied a variety of exemptions in responding to David Barouch's request for all records about himself, Judge Amy Berman Jackson has explored aspects of the effects of exhaustion of administrative remedies on both the requester and the agency. While Jackson found that Barouch had not appealed the Bureau of Alcohol, Tobacco and Firearms' denial of records to OIP, she indicated that Barouch was not required to appeal a subsequent denial by ATF of records referred to it from EOUSA because he had already filed suit. She noted that "it is true that plaintiff did not exhaust his administrative remedies with respect to these documents in a literal sense. But a FOIA requester will be deemed to have 'constructively exhausted' his administrative remedies 'if the agency fails to comply with the applicable time limit provisions.' The documents processed by ATF were actually in the possession of EOUSA, which had not responded to plaintiff's request when plaintiff filed his complaint in this action, despite the expiration of the applicable time limit for the agency to respond. EOUSA concedes this. It would be anomalous to review plaintiff's challenges to EOUSA's withholdings of documents that were identified by EOUSA in the spring of 2012 and that were processed by EOUSA, but to decline to review on exhaustion grounds the determination of other agencies to which EOUSA sent some of the documents it identified at the same time. Since the exhaustion requirement under FOIA is not jurisdictional, the Court finds that plaintiff has constructively exhausted his administrative remedies with respect to the documents uncovered by EOUSA after the initiation of this action, regardless of whether they were processed by EOUSA or by another agency, such as ATF." Jackson also found that Barouch could not challenge the decision of several agencies to withhold records under the Privacy Act because he had failed to exhaust his administrative remedies under that statute. She pointed out that "but 'the Privacy Act contains no equivalent to FOIA's constructive-exhaustion provision.' Despite defendant's concession, 'a claim that the court lacks jurisdiction under Article III of the Constitution may not be waived. . .and the court is obligated to address it sua sponte.' Accordingly, the Court must find that plaintiff failed to exhaust his administrative remedies with respect to his request to EOUSA. . ." In so ruling, Jackson seems to have completely misunderstood the relationship between FOIA and the Privacy Act, apparently concluding that because the Privacy Act does not have a constructive exhaustion provision a plaintiff must first exhaust administrative remedies. However, the Privacy Act does not require a plaintiff to appeal the agency's decision and the only reference to an appeal in the statute is that agencies may provide appeal rights to facilitate an individual's request.
Issues: Adequacy - Search, Litigation - Jurisdiction - Failure to Exhaust
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2012-01-231COMPLAINT against DEPARTMENT OF JUSTICE, DEPARTMENT OF JUSTICE BUREAU OF PRISONS, DEPARTMENT OF JUSTICE CRIMINAL DIVISION, DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR U.S. ATTORNEYS, DEPARTMENT OF THE TREASURY, DEPARTMENT OF THE TREASURY, BUREAU OF ALCOHOL, TOBACCO & FIREARMS, PARKER COUNTY SHERIFF DEPARTMENT, U.S. MARSHAL SERVICE, ( Filing fee $ 350, receipt number 4616045541) filed by DAVID JACK BAROUCH, (Attachments: # 1 Civil Cover Sheet)(jf, ) (Entered: 01/27/2012)
2012-01-23SUMMONS (10) Issued as to DEPARTMENT OF JUSTICE, DEPARTMENT OF JUSTICE BUREAU OF PRISONS, DEPARTMENT OF JUSTICE CRIMINAL DIVISION, DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR U.S. ATTORNEYS, DEPARTMENT OF THE TREASURY, DEPARTMENT OF THE TREASURY, BUREAU OF ALCOHOL, TOBACCO & FIREARMS, PARKER COUNTY SHERIFF DEPARTMENT, U.S. MARSHAL SERVICE, U.S. Attorney and U.S. Attorney General (jf, ) (Entered: 01/27/2012)
2012-05-302ORDER under Fed. R. Civ. P. 4(m). By no later than June 22, 2012, plaintiff must either cause process to be served and proof of service to be filed with the Court, or file a status report with the Court that indicates why service has not been made (SEE ORDER FOR DETAILS). Signed by Judge Amy Berman Jackson on 5/30/12. (lcabj1) (Entered: 05/30/2012)
2012-05-30Set/Reset Deadlines: Plaintiff must either cause process to be served and proof of service to be filed with the Court, or file a status report indicating why service has not been made by 6/22/2012. (jth) (Entered: 05/30/2012)
2012-06-183RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF JUSTICE served on 3/8/2012; DEPARTMENT OF JUSTICE BUREAU OF PRISONS served on 3/5/2012; DEPARTMENT OF JUSTICE CRIMINAL DIVISION served on 3/6/2012; DEPARTMENT OF THE TREASURY served on 3/6/2012; DEPARTMENT OF THE TREASURY, BUREAU OF ALCOHOL, TOBACCO & FIREARMS served on 3/6/2012; PARKER COUNTY SHERIFF DEPARTMENT served on 3/1/2012; U.S. MARSHAL SERVICE served on 3/6/2012, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF JUSTICE served on 3/8/2012; DEPARTMENT OF JUSTICE BUREAU OF PRISONS served on 3/5/2012; DEPARTMENT OF JUSTICE CRIMINAL DIVISION served on 3/6/2012; DEPARTMENT OF THE TREASURY served on 3/6/2012; DEPARTMENT; U.S. MARSHAL SERVICE served on 3/6/2012 (jf, ) (Entered: 06/20/2012)
2012-06-184RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. PARKER COUNTY SHERIFF DEPARTMENT served on 3/1/2012, answer due 3/31/2012. (See Docket Entry 3 to view document) (jf, ) (Entered: 06/20/2012)
2012-06-225ORDER. It is ORDERED that plaintiff file proof of service for the United States Attorney and the Attorney General of the United States by July 13, 2012 (SEE ORDER FOR DETAILS). Signed by Judge Amy Berman Jackson on 6/22/12. (lcabj1) (Main Document 5 replaced on 6/22/2012) (zjth, ). (Entered: 06/22/2012)
2012-06-22Set/Reset Deadlines: Plaintiff must cause process to be served, on both the United States Attorney and the Attorney General of the United States, and proof of service to be filed with the Court by 7/13/2012. (jth) (Entered: 06/22/2012)
2012-06-256STATUS REPORT by DAVID JACK BAROUCH. (jf, ) (Entered: 06/26/2012)
2012-06-257RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF JUSTICE served on 6/12/2012, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/11/2012. ( Answer due for ALL FEDERAL DEFENDANTS by 7/11/2012.) (See Docket Entry 6 to view document) (jf, ) (Entered: 06/26/2012)
2012-07-038NOTICE of Appearance by Benjamin Cory Schwartz on behalf of DEPARTMENT OF JUSTICE, DEPARTMENT OF JUSTICE BUREAU OF PRISONS, DEPARTMENT OF JUSTICE CRIMINAL DIVISION, DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR U.S. ATTORNEYS, DEPARTMENT OF THE TREASURY, DEPARTMENT OF THE TREASURY, BUREAU OF ALCOHOL, TOBACCO & FIREARMS, U.S. MARSHAL SERVICE (Schwartz, Benjamin) (Entered: 07/03/2012)
2012-07-109MOTION for Extension of Time to File Answer re 1 Complaint, by DEPARTMENT OF JUSTICE, DEPARTMENT OF JUSTICE BUREAU OF PRISONS, DEPARTMENT OF JUSTICE CRIMINAL DIVISION, DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR U.S. ATTORNEYS, DEPARTMENT OF THE TREASURY, DEPARTMENT OF THE TREASURY, BUREAU OF ALCOHOL, TOBACCO & FIREARMS, U.S. MARSHAL SERVICE (Schwartz, Benjamin) (Entered: 07/10/2012)
2012-07-10MINUTE ORDER granting 9 Motion for Extension of Time to Answer. The answer or dispositive motion will be due 9/10/2012. Signed by Judge Amy Berman Jackson on 7/10/2012. (MT) (Entered: 07/10/2012)
2012-08-1710NOTICE OF SUBSTITUTION OF COUNSEL by Laura R. Ponto on behalf of DEPARTMENT OF JUSTICE, DEPARTMENT OF JUSTICE BUREAU OF PRISONS, DEPARTMENT OF JUSTICE CRIMINAL DIVISION, DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR U.S. ATTORNEYS, DEPARTMENT OF THE TREASURY, DEPARTMENT OF THE TREASURY, BUREAU OF ALCOHOL, TOBACCO & FIREARMS, U.S. MARSHAL SERVICE Substituting for attorney Benjamin Cory Schwartz (Ponto, Laura) (Entered: 08/17/2012)
2012-08-2311LEAVE TO FILE DENIED as to Letter from Plaintiff. Signed by Judge Amy Berman Jackson on 08/21/2012. This document is unavailable as the Court denied its filing. (Court notes that the defendants have been served) (jf, ) (Entered: 08/23/2012)
2012-08-2712LEAVE TO FILE DENIED as to Letter from Plaintiff. "Leave to file DENIED. The plaintiff should not copy the Court on his correspondence with the defendants. See local Rule 5.1(b)', Signed by Judge Amy Berman Jackson on 8/27/2012. This document is unavailable as the Court denied its filing. (rdj) (Entered: 08/28/2012)
2012-09-0713Second MOTION for Extension of Time to File Answer re 1 Complaint, by DEPARTMENT OF JUSTICE, DEPARTMENT OF JUSTICE BUREAU OF PRISONS, DEPARTMENT OF JUSTICE CRIMINAL DIVISION, DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR U.S. ATTORNEYS, DEPARTMENT OF THE TREASURY, DEPARTMENT OF THE TREASURY, BUREAU OF ALCOHOL, TOBACCO & FIREARMS, U.S. MARSHAL SERVICE (Attachments: # 1 Text of Proposed Order)(Ponto, Laura) (Entered: 09/07/2012)
2012-09-10MINUTE ORDER granting 13 Motion for Extension of Time to Answer DEPARTMENT OF JUSTICE answer due 10/10/2012; DEPARTMENT OF JUSTICE BUREAU OF PRISONS answer due 10/10/2012; DEPARTMENT OF JUSTICE CRIMINAL DIVISION answer due 10/10/2012; DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR U.S. ATTORNEYS answer due 10/10/2012; DEPARTMENT OF THE TREASURY answer due 10/10/2012; DEPARTMENT OF THE TREASURY, BUREAU OF ALCOHOL, TOBACCO & FIREARMS answer due 10/10/2012; U.S. MARSHAL SERVICE answer due 10/10/2012. Signed by Judge Amy Berman Jackson on 9/10/12. (DMK) Modified on 9/11/2012 to reflect that this is a minute/paperless order (jth). (Entered: 09/10/2012)
2012-09-1414MOTION for Extension of Time to File Answer re 1 Complaint, by DEPARTMENT OF JUSTICE, DEPARTMENT OF JUSTICE BUREAU OF PRISONS, DEPARTMENT OF JUSTICE CRIMINAL DIVISION, DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR U.S. ATTORNEYS, DEPARTMENT OF THE TREASURY, DEPARTMENT OF THE TREASURY, BUREAU OF ALCOHOL, TOBACCO & FIREARMS, U.S. MARSHAL SERVICE (Attachments: # 1 Text of Proposed Order)(Ponto, Laura) (Entered: 09/14/2012)
2012-09-14MINUTE ORDER granting 14 Motion of Federal Defendants for Extension of Time to Answer: DEPARTMENT OF JUSTICE answer due 11/9/2012; DEPARTMENT OF JUSTICE BUREAU OF PRISONS answer due 11/9/2012; DEPARTMENT OF JUSTICE CRIMINAL DIVISION answer due 11/9/2012; DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR U.S. ATTORNEYS answer due 11/9/2012; DEPARTMENT OF THE TREASURY answer due 11/9/2012; DEPARTMENT OF THE TREASURY, BUREAU OF ALCOHOL, TOBACCO & FIREARMS answer due 11/9/2012; U.S. MARSHAL SERVICE answer due 11/9/2012. Signed by Judge Amy Berman Jackson on 9/14/12. (DMK) (Entered: 09/14/2012)
2012-11-0915MOTION for Partial Summary Judgment and Dismissal by DEPARTMENT OF JUSTICE, DEPARTMENT OF JUSTICE BUREAU OF PRISONS, DEPARTMENT OF JUSTICE CRIMINAL DIVISION, DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR U.S. ATTORNEYS, DEPARTMENT OF THE TREASURY, DEPARTMENT OF THE TREASURY, BUREAU OF ALCOHOL, TOBACCO & FIREARMS (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration, # 4 Declaration, # 5 Text of Proposed Order)(Ponto, Laura) (Entered: 11/09/2012)
2012-11-2716RESPONSE (Objection) re 15 MOTION for Partial Summary Judgment and Dismissal filed by DAVID JACK BAROUCH. (dr) (Entered: 11/29/2012)
2012-12-1117MOTION for Extension of Time to File Response/Reply as to 15 MOTION for Partial Summary Judgment and Dismissal by DEPARTMENT OF JUSTICE BUREAU OF PRISONS, DEPARTMENT OF THE TREASURY (Attachments: # 1 Text of Proposed Order)(Graham-Oliver, Heather) (Entered: 12/11/2012)
2012-12-12MINUTE ORDER granting 17 Motion for Extension of Time to File Reply in Support of 15 MOTION for Partial Summary Judgment and Dismissal. The federal defendants' reply in support of their partial motion to dismiss and for summary judgment is due on or before December 21, 2012. As this is a FOIA case, the requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. The federal defendants that have not yet moved for dismissal or summary judgment shall file a dispositive motion or, in the alternative, a report setting forth the schedule according to which they will complete their production of documents to plaintiff on or before February 7, 2013. Signed by Judge Amy Berman Jackson on 12/12/12. (lcabj1) (Entered: 12/12/2012)
2012-12-12Set/Reset Deadlines: The federal defendants that have not yet moved for dismissal or summary judgment shall file a dispositive motion or, in the alternative, a status report setting forth the schedule according to which they will complete their production of documents to plaintiff on or before 2/7/2013. (jth) (Entered: 12/12/2012)
2012-12-1218ORDER. It is ORDERED that pursuant to 28 U.S.C. Section 1915A(b)(1), the complaint against defendant Parker County Sheriff's Department is DISMISSED. (SEE ORDER FOR COMPLETE DETAILS). Signed by Judge Amy Berman Jackson on 12/12/12. (lcabj1) (Entered: 12/12/2012)
2012-12-2119ENTERED IN ERROR.....REPLY to opposition to motion re 15 MOTION for Partial Summary Judgment and Dismissal filed by DEPARTMENT OF JUSTICE, DEPARTMENT OF JUSTICE BUREAU OF PRISONS, DEPARTMENT OF JUSTICE CRIMINAL DIVISION, DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR U.S. ATTORNEYS, DEPARTMENT OF THE TREASURY, DEPARTMENT OF THE TREASURY, BUREAU OF ALCOHOL, TOBACCO & FIREARMS, U.S. MARSHAL SERVICE. (Ponto, Laura) Modified on 12/21/2012 (jf, ). (Entered: 12/21/2012)
2012-12-2120REPLY to opposition to motion re 15 MOTION for Partial Summary Judgment and Dismissal filed by DEPARTMENT OF JUSTICE, DEPARTMENT OF JUSTICE BUREAU OF PRISONS, DEPARTMENT OF JUSTICE CRIMINAL DIVISION, DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR U.S. ATTORNEYS, DEPARTMENT OF THE TREASURY, DEPARTMENT OF THE TREASURY, BUREAU OF ALCOHOL, TOBACCO & FIREARMS. (Ponto, Laura) (Entered: 12/21/2012)
2012-12-21NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 19 Reply to opposition to Motion, was entered in error and refiled by counsel. (See Docket Entry 20 to view document) (jf, ) (Entered: 12/21/2012)
2013-01-1721SURREPLY to re 15 MOTION for Partial Summary Judgment and Dismissal filed by DAVID JACK BAROUCH. "Leave to file GRANTED" signed by Judge Amy B. Jackson on 01/16/2013 (jf, ) (Entered: 01/17/2013)
2013-01-17MINUTE ORDER. The Court has granted Plaintiff leave to file a surreply to Defendant's Partial Motion for Summary Judgment, but there will be no further pleadings not called for by the rules without prior leave of Court. Signed by Judge Amy Berman Jackson on 1/17/2013. (jth) (Entered: 01/17/2013)
2013-02-0722Supplemental MOTION for Summary Judgment , MOTION to Dismiss by DEPARTMENT OF JUSTICE, DEPARTMENT OF JUSTICE BUREAU OF PRISONS, DEPARTMENT OF JUSTICE CRIMINAL DIVISION, DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR U.S. ATTORNEYS, DEPARTMENT OF THE TREASURY, DEPARTMENT OF THE TREASURY, BUREAU OF ALCOHOL, TOBACCO & FIREARMS, U.S. MARSHAL SERVICE (Attachments: # 1 Declaration BOP, # 2 Declaration EOUSA, # 3 Declaration ATF, # 4 Declaration USMS, # 5 Text of Proposed Order)(Ponto, Laura) (Entered: 02/07/2013)
2013-02-0823ORDER under Fox v. Strickland, 837 F.2d 507 (D.C. Cir. 1988), and Neal v. Kelly, 963 F.2d 453 (D.C. Cir. 1992). It is ORDERED that plaintiff shall respond to defendants' supplemental motion for summary judgment and dismissal on or before March 11, 2013. (SEE ORDER FOR COMPLETE DETAILS). Signed by Judge Amy Berman Jackson on 2/8/13. (lcabj1) (Entered: 02/08/2013)
2013-02-08Set/Reset Deadlines: Plaintiff's Response to Defendants' Supplemental Motion for Summary Judgment and Dismissal is due by 3/11/2013. (jth) (Entered: 02/08/2013)
2013-02-2124NOTICE OF SUBSTITUTION OF COUNSEL by Nina Bafundo Crimm on behalf of DEPARTMENT OF JUSTICE, DEPARTMENT OF JUSTICE BUREAU OF PRISONS, DEPARTMENT OF JUSTICE CRIMINAL DIVISION, DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR U.S. ATTORNEYS, DEPARTMENT OF THE TREASURY, DEPARTMENT OF THE TREASURY, BUREAU OF ALCOHOL, TOBACCO & FIREARMS, U.S. MARSHAL SERVICE Substituting for attorney Laura Ponto (Crimm, Nina) (Entered: 02/21/2013)
2013-03-1125RESPONSE re 22 Supplemental MOTION for Summary Judgment MOTION to Dismiss filed by DAVID JACK BAROUCH. (jf, ) (Entered: 03/12/2013)
2013-03-2226REPLY to opposition to motion re 22 Supplemental MOTION for Summary Judgment MOTION to Dismiss filed by DEPARTMENT OF JUSTICE, DEPARTMENT OF JUSTICE BUREAU OF PRISONS, DEPARTMENT OF JUSTICE CRIMINAL DIVISION, DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR U.S. ATTORNEYS, DEPARTMENT OF THE TREASURY, DEPARTMENT OF THE TREASURY, BUREAU OF ALCOHOL, TOBACCO & FIREARMS, U.S. MARSHAL SERVICE. (Attachments: # 1 Declaration Supplemental Declaration, # 2 Certificate of Service)(Crimm, Nina) (Entered: 03/22/2013)
2013-07-25MINUTE ORDER. It is ORDERED that in order to assist the Court in making a responsible de novo determination, defendants are directed to deliver to chambers for in camera inspection the documents numbered 4, 7, 8, and 9 in EOUSA's Vaughn index, see EOUSA Vaughn Index, Attach. to Luczynski Decl. [Dkt. # 22-2], on or before August 2, 2013. See Ray v. Turner , 587 F.2d 1187, 1195 (D.C. Cir. 1978). Signed by Judge Amy Berman Jackson on 7/25/13. (lcabj1) (Entered: 07/25/2013)
2013-07-25Set/Reset Deadlines: Defendants In-Camera Submission is due by 8/2/2013. (jth) (Entered: 07/25/2013)
2013-08-2227NOTICE of Appearance by Mary Elizabeth Stratton on behalf of DEPARTMENT OF JUSTICE, DEPARTMENT OF JUSTICE BUREAU OF PRISONS, DEPARTMENT OF JUSTICE CRIMINAL DIVISION, DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR U.S. ATTORNEYS, DEPARTMENT OF THE TREASURY, DEPARTMENT OF THE TREASURY, BUREAU OF ALCOHOL, TOBACCO & FIREARMS, U.S. MARSHAL SERVICE (Stratton, Mary) (Entered: 08/22/2013)
2013-08-2328ORDER denying 15 motion to dismiss; granting 15 Motion for Partial Summary Judgment; denying 22 Motion to Dismiss; granting in part and denying in part 22 Motion for Summary Judgment. On or before August 30, 2013, defendant Executive Office of U.S. Attorneys shall disclose all non-segregable portions of the documents numbered 4, 7, 8, and 9 in its Vaughn index, consistent with this Court's Memorandum Opinion. This case is remanded to defendant Federal Bureau of Prisons for further consideration consistent with this Court's Memorandum Opinion. The parties shall file a joint status report on or before September 27, 2013. (SEE ORDER FOR COMPLETE DETAILS). Signed by Judge Amy Berman Jackson on 8/23/13. (lcabj1) (Entered: 08/23/2013)
2013-08-2329MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 8/23/13. (lcabj1) (Entered: 08/23/2013)
2013-08-25Set/Reset Deadlines: Defendant EOUSA shall disclose all non-segregable portions of the documents numbered 4, 7, 8, and 9 in its Vaughn index, consistent with this Court's Memorandum Opinion by 8/30/2013. This case is remanded to defendant Federal Bureau of Prisons for further consideration consistent with this Court's Memorandum Opinion. The parties shall file a Joint Status Report by 9/27/2013. (jth) (Entered: 08/25/2013)
2013-08-3030RESPONSE TO ORDER OF THE COURT re 28 Order on Motion for Summary Judgment, Order on Motion to Dismiss, Order on Motion for Partial Summary Judgment,,,,,, filed by DEPARTMENT OF JUSTICE, DEPARTMENT OF JUSTICE BUREAU OF PRISONS, DEPARTMENT OF JUSTICE CRIMINAL DIVISION, DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR U.S. ATTORNEYS, DEPARTMENT OF THE TREASURY, DEPARTMENT OF THE TREASURY, BUREAU OF ALCOHOL, TOBACCO & FIREARMS, U.S. MARSHAL SERVICE. (Attachments: # 1 Certificate of Service)(Stratton, Mary) (Entered: 08/30/2013)
2013-08-30MINUTE ORDER. It is ORDERED that by September 6, 2013, defendants shall file a notice indicating whether the Executive Office of U.S. Attorneys has complied with the Court's August 23, 2013 Order by disclosing all non-segregable portions of the documents numbered 4, 7, 8, and 9 in its Vaughn index consistent with the Court's Memorandum Opinion of the same date. Signed by Judge Amy Berman Jackson on 8/30/13. (lcabj1) (Entered: 08/30/2013)
2013-09-01Set/Reset Deadlines: Defendants' Notice pursuant to the Court's Minute Order entered August 30, 2013 is due by 9/6/2013. (jth) (Entered: 09/01/2013)
2013-09-0331RESPONSE TO ORDER OF THE COURT re 28 Order on Motion for Summary Judgment, Order on Motion to Dismiss, Order on Motion for Partial Summary Judgment,,,,,, filed by DEPARTMENT OF JUSTICE, DEPARTMENT OF JUSTICE BUREAU OF PRISONS, DEPARTMENT OF JUSTICE CRIMINAL DIVISION, DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR U.S. ATTORNEYS, DEPARTMENT OF THE TREASURY, DEPARTMENT OF THE TREASURY, BUREAU OF ALCOHOL, TOBACCO & FIREARMS, U.S. MARSHAL SERVICE. (Attachments: # 1 Certificate of Service)(Stratton, Mary) (Entered: 09/03/2013)
2013-09-0432ORDER dismissing all remaining claims as moot. (SEE ORDER FOR COMPLETE DETAILS). Signed by Judge Amy Berman Jackson on 9/4/13. (lcabj1) (Entered: 09/04/2013)
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