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Case TitleSHAPIRO v. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2012cv00313
Date Filed2012-02-27
Date Closed2020-10-08
JudgeChief Judge Beryl A. Howell
PlaintiffRYAN NOAH SHAPIRO
DefendantDEPARTMENT OF JUSTICE
DefendantNATIONAL SECURITY COUNSELORS
DefendantNATIONAL SECURITY ARCHIVE
DefendantCENTER FOR CONSTITUTIONAL RIGHTS
DefendantTRUTHOUT
DefendantMARK ZAID
DefendantNATIONAL LAWYERS GUILD, D.C. CHAPTER
AppealD.C. Circuit 20-5318
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [127]
FOIA Project Annotation: Judge Beryl Howell has ruled that the Department of Justice has demonstrated through its sampling that almost all of the FBI's exemption claims were appropriate in resolving challenges brought by researcher Ryan Shapiro pertaining to multiple FOIA requests Shapiro submitted for records on animal rights activism, including Shapiro himself. Because the parties agreed that the only practical way to address the volume of responsive records was to use a representative sampling, much of Howell's 107-page opinion addresses the sparse case law on sampling, particularly the potential pitfalls of changing the integrity of a sampling midstream. Shapiro submitted 83 requests to the FBI and the Bureau of Alcohol Tobacco and Firearms between 2005 and 2012. In responding to the requests, the FBI reviewed 614,000 pages and 160 CDs/DVDs, disclosing 38,788 pages and 28 CDs/DVDs. After finding that both agencies had conducted adequate searches, Howell pointed out that the parties had agreed to test the FBI's processing of records using only a sample of the records produced. Howell explained that her first goal was to determine the appropriateness of that sampling and whether it ran afoul of previous cases in which subsequent agency disclosures had changed the character of the sample sufficiently to make it no longer representative of the original sampling. Sampling is a court-created remedy to address the problem of requests that are too large to be managed practically by agencies. Although courts have consistently ruled that the mere potential size of a request is not sufficient on its own to justify dismissal, sampling has become a well-recognized alternative to manage voluminous requests. While what constitutes a voluminous request is still a matter of court discretion, the procedures and policies for creating and reviewing samplings of records is reasonably well-established. However, not unexpectedly, since challenges to sampling procedures rarely result in court decisions, the case law on sampling is sparse. The leading case is still Bonner v. Dept of State, 928 F.2d 1148 (D.C. Cir. 1991), in which the D.C. Circuit faulted the State Department for changing the integrity of the representative sampling by later disclosing records that were part of the original sample. Howell began by noting that early on sampling cases follow the same basic path as do most other run-of-the-mill FOIA litigation �" a representative sampling of responsive records is chosen; the agency prepares a detailed index; the parties brief the propriety of redactions or withholdings made within the sample; the court reviews the justifications for the withholdings, determines whether records were improperly withheld, ordering the agency to disclose those records improperly withheld; and then determines the error rate by dividing the number of improperly withheld records by the total number of withholdings. She explained that "the error rate is used as a rough measure of whether responsive records not included in the sample were properly withheld. If the rate is 'negligible,' that ends the matter and summary judgment for the agency with respect to application of exemptions to the remaining withheld documents is appropriate. If, however, the error rate is 'unacceptably high,' the court may order the more drastic step of 'requiring agencies to reprocess all responsive records' that were withheld in full or in part. The sampling method's tolerance of negligible error rates recognizes that there is 'a trade-off between the high degree of confidence that comes from examining every item for which exemption is claimed, and the limitations of time and resources that constrain agencies, courts, and FOIA requesters alike.' For FOIA actions involving a massive volume of responsive records, like this one, however, the gains in efficiency the method produces are essential." Howell then addressed the lessons of Bonner. She pointed out that "Bonner settles several issues. First, an agency's burden in a sampling case is to 'justify its initial withholdings' and the agency 'is not relieved of that burden by a later turnover of sample documents.' Indeed, when sampling is employed, the agency's Vaughn index should explain not only those withholdings the agency continues to defend, but also 'explain why [any] once withheld portions [of the sample] were excised at the time of the agency's initial review.'" She indicated that "moreover, Bonner holds that the calculation of the error rate must be based on the agency's initial withholdings. This heightens the importance of requiring that the agency justify these initial withholdings, for while the choice to disclose information by an agency may be an admission that the initial withholding was improper, this choice may also reflect the exercise of the agency's discretion to release information that may nonetheless be exempt." She noted that "finally, Bonner makes clear that, at least in sampling cases, 'court review properly focuses on the time the determination to withhold was made' and thus courts should be chary of requests to consider the effect of events that post-date the agency's response to the requests at issue." Howell indicated that in Shapiro's case "the FBI has done itself no favors by giving the selected samples exactly the kind of special treatment Bonner warns against. As evident from the FBI's declaration, the Bureau re-reviewed the samples selected by the parties and altered its withholdings." She pointed out that "the re-review thus cast doubt on the utility of the sample in this case. Moreover, in addition to these changes, the FBI decided, while briefing in this action was ongoing, no longer to defend the application of certain exemptions and released still more material previously withheld." Shapiro argued that some of the FBI's original exemption claims had now expired with the passage of time. But Howell observed that "where relevant DOJ will not be required 'to follow an endlessly moving target" and this Court's review is constrained to determining the propriety of the agency's withholdings at the time they were made." Howell also disagreed with Shapiro's claim that any misapplied exemption counted as an error. Instead, she pointed out that "the improper application of an exemption and an unjustified withholding are often one and the same, but not always. Commonly, a single exemption may be justified by more than one FOIA exemption." A major dispute in dealing with the sampling was whether the categorical withholdings made by the FBI under Exemption 7(A) (interference with ongoing investigation or proceeding) were still valid or whether, as Shapiro contended, many of them had now expired because the investigations had been subsequently closed. The categorical Exemption 7(A) claims were included in a separate part of the sampling. Howell emphasized that the importance of consistent treatment of sampled records as recognized by the D.C. Circuit in Bonner was vital to a fair result in such large sampling cases. She pointed out that "to demand that DOJ undertake the Sisyphean task of checking that any exemptions properly applied during the three-year stay remain valid now would run counter to both the Circuit caselaw and common sense. Should the plaintiff wish to determine whether any investigation pending at the time of the FBI's responses have since expired, clearing the way for further disclosures by the Bureau, he may file a new FOIA request, 'but if he does, he will stand in line behind other FOIA requesters.'' Part II of the sampling contained all other exemptions claimed by the FBI. Howell approved the vast majority of those exemption claims, finding that the FBI's error rate was, at its highest, 16 percent, which was too low to consider it significant enough to require the agency to apply her findings to all documents not include the sampling.
Issues: Litigation - Vaughn index
Opinion/Order [138]
FOIA Project Annotation: Judge Beryl Howell has rejected researcher Ryan Shapiro's request that she reconsider her earlier ruling finding that the FBI and the Bureau of Alcohol, Tobacco and Firearms properly responded to 83 FOIA requests submitted by Shapiro. Rejecting Shapiro's Rule 54(b) motion to reconsider, Howell observed that plaintiff's failure to name which of the several possible bases for Rule 54(b) reconsideration applies to his case has a simple explanation â€" none of them apply." She noted that "instead, plaintiff's motion is a belated summary judgment surreply disguised as a Rule 54(b) motion." Shapiro argued that "if a privacy waiver has been submitted for a given individual, the FBI could not withhold that name under Exemption 7(C) (invasion of privacy concerning law enforcement records). He argued that the FBI withheld identifying information about some of those individuals who had provided privacy waivers. However, Howell found Shapiro assertions lacked any substantial evidentiary basis. She pointed out that "plaintiff has merely pointed to certain page numbers and alleged that he had likely submitted a privacy waiver for an individual whose name was redacted on those pages. With nothing in the summary judgment record substantiating that speculation, plaintiff has not overcome the presumptive exemption 'names and identifying information of third parties contained in investigative files' enjoy." She noted that "the only thing new about these filings is that he has attempted to support that contention with evidence. Despite having over four months to compile his cross-motion for summary judgment and despite no limitation being placed on his filings, that evidence was not produced until after the Court had made its decision."
Issues: Adequacy - Search, Exemption 7(C) - Invasion of privacy concerning law enforcement records
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text
2012-02-271COMPLAINT against DEPARTMENT OF JUSTICE ( Filing fee $ 350, receipt number 4616046291) filed by RYAN NOAH SHAPIRO. (Attachments: # 1 Civil Cover Sheet)(jf, ) (Entered: 02/28/2012)
2012-02-27Summons (2) Issued as to DEPARTMENT OF JUSTICE, USA (jf, ) (Entered: 02/28/2012)
2012-02-272NOTICE OF RELATED CASE by RYAN NOAH SHAPIRO. Case related to Case No. 11-1835. (jf, ) (Entered: 02/28/2012)
2012-03-013STANDING ORDER. Signed by Judge Beryl A. Howell on March 1, 2012. (lcbah1) (Entered: 03/01/2012)
2012-03-01MINUTE ORDER (paperless) Paragraph 5(b) of the Court's Standing Order is supplemented as follows: In the parties' joint statement filed in accordance with paragraph 5(b), the parties shall show cause why this case should not be consolidated with Shapiro v. Dep't of Justice, No. 11-cv-1835, and the plaintiff be required to file an Amended Complaint setting forth its claims in cases 12-cv-313, 12-cv-315, and 12-cv-318 against the same defendant in a single pleading. Signed by Judge Beryl A. Howell on March 1, 2012. (lcbah1) (Entered: 03/01/2012)
2012-03-134NOTICE of Appearance by Kenneth A. Adebonojo on behalf of All Defendants (Adebonojo, Kenneth) (Entered: 03/13/2012)
2012-03-265First MOTION for Extension of Time to File an Answer or Otherwise Respond to Plaintiff's Complaint by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 03/26/2012)
2012-03-27MINUTE ORDER (paperless) granting the defendant's consent 5 Motion to Enlarge Time to File an Answer or Other Response to the Plaintiff's Complaint. The defendant shall respond to the Complaint by April 27, 2012. Signed by Judge Beryl A. Howell on March 27, 2012. (lcbah1) (Entered: 03/27/2012)
2012-03-28Set/Reset Deadlines: Answer or Otherwise Repond to Complaint by 4/27/2012, (mpt) (Entered: 03/28/2012)
2012-04-276MOTION for Leave to File First Amended Complaint by RYAN NOAH SHAPIRO (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit First Amended Complaint)(Light, Jeffrey) (Entered: 04/27/2012)
2012-05-107First MOTION for Extension of Time to File an Opposition to Plaintiff's Motion for Leave to File and Amended Complaint by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 05/10/2012)
2012-05-118ERRATA to Defendant's Consent Motion to Enlarge Time to File Opposition to Plaintiff's Motion for Leave to Amend Complaint by DEPARTMENT OF JUSTICE 7 First MOTION for Extension of Time to File an Opposition to Plaintiff's Motion for Leave to File and Amended Complaint filed by DEPARTMENT OF JUSTICE. (Adebonojo, Kenneth) (Entered: 05/11/2012)
2012-05-11MINUTE ORDER (paperless) granting 7 First Motion to Enlarge Time to File an Opposition to Plaintiff's Motion for Leave to File First Amended Complaint. Defendant shall file its Opposition to Plaintiff's Motion for Leave to File First Amended Complaint by May 21, 2012. Signed by Judge Beryl A. Howell on 05/11/2012. (lcbah2) (Entered: 05/11/2012)
2012-05-159Memorandum in opposition to re 6 MOTION for Leave to File First Amended Complaint filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A)(Adebonojo, Kenneth) (Entered: 05/15/2012)
2012-05-1810REPLY to opposition to motion re 6 MOTION for Leave to File First Amended Complaint filed by RYAN NOAH SHAPIRO. (Light, Jeffrey) (Entered: 05/18/2012)
2012-06-1211ORDER denying 6 Plaintiff's Motion for Leave to File First Amended Complaint. The plaintiff shall file, by June 18, 2012, a renewed motion for leave to file an amended complaint in this case that shall consolidate all of his FOIA claims asserted in cases 11-cv-1835, 12-cv-313, 12-cv-315, and 12-cv-318. See Order for further details. Signed by Judge Beryl A. Howell on June 12, 2012. (lcbah1) (Entered: 06/12/2012)
2012-06-12Set/Reset Deadlines: Renewed Motion due by 6/18/2012. (alp) (Entered: 06/13/2012)
2012-06-1812Second MOTION for Leave to File First Amended Complaint by RYAN NOAH SHAPIRO (Attachments: # 1 Exhibit First Amended Complaint, # 2 Text of Proposed Order)(Light, Jeffrey) (Entered: 06/18/2012)
2012-06-19MINUTE ORDER (paperless) granting plaintiff's 12 Renewed Motion for Leave to File First Amended Complaint. Signed by Judge Beryl A. Howell on June 19, 2012. (lcbah1) (Entered: 06/19/2012)
2012-06-1913First AMENDED COMPLAINT against DEPARTMENT OF JUSTICE filed by RYAN NOAH SHAPIRO.(rdj) (Entered: 06/19/2012)
2012-07-0914MOTION for Extension of Time to File Defendant's Meet and Confer Report by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 07/09/2012)
2012-07-0915MEET AND CONFER STATEMENT. (Light, Jeffrey) (Entered: 07/09/2012)
2012-07-11MINUTE ORDER (paperless) denying 14 Defendant's First Motion to Enlarge Time to File Defendant's Meet and Confer Report. In accordance with the defendant's prior agreement in Case No. 11-cv-1835, ECF No. 24 -- prior to that case being consolidated with this case -- to produce by May 15, 2012 all documents pertaining to the plaintiff and an organization called Compassion Over Killing, the defendant shall disclose to the plaintiff all such documents by July 20, 2012. The plaintiff shall, by July 20, 2012, provide the defendant with a list of priorities describing the order in which he believes his remaining FOIA requests should be processed. Within 20 days of the filing of the plaintiff's priority list, the defendant shall submit a proposed schedule for the production of the remaining documents that corresponds with the priority list provided by the plaintiff as well as a proposed schedule for the production of a completed Vaughn index. Signed by Judge Beryl A. Howell on July 11, 2012. (lcbah1) (Entered: 07/11/2012)
2012-07-11Set/Reset Deadlines: Defendant's disclosure of documents pertaining to the plaintiff and an organization called Compassion Over Killing due by 7/20/2012. (tg, ) (Entered: 07/12/2012)
2012-07-1216NOTICE OF SUBMISSION OF PRIORITIES LIST by RYAN NOAH SHAPIRO (Attachments: # 1 Exhibit email receipt)(Light, Jeffrey) (Entered: 07/12/2012)
2012-08-0117MOTION to Stay For Open America Stay by DEPARTMENT OF JUSTICE (Attachments: # 1 Exhibit A and B)(Adebonojo, Kenneth) (Entered: 08/02/2012)
2012-08-0218NOTICE of Submission of Ex. B ex parte for in camera review by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 08/02/2012)
2012-08-0319NOTICE of Filing of Errata to Defendant's Motion for Open America Stay, ECF No. 17 by DEPARTMENT OF JUSTICE re 17 MOTION to Stay For Open America Stay (Attachments: # 1 Exhibit A)(Adebonojo, Kenneth) (Entered: 08/03/2012)
2012-08-1020MOTION for Order to Show Cause Why the Clancy Declaration Should Not Be Made Public by RYAN NOAH SHAPIRO (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 08/10/2012)
2012-08-1421Consent MOTION for Extension of Time to File Response/Reply as to 17 MOTION to Stay For Open America Stay by RYAN NOAH SHAPIRO (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 08/14/2012)
2012-08-15MINUTE ORDER (paperless) granting 20 Motion to Show Cause why the defendant should be allowed to submit in camera and ex parte a document referenced in the 17 Defendant's Motion for Open America Stay, namely the Declaration of Michael A. Clancy ("Clancy Declaration"). Since the Clancy Declaration contains no classified information, which would require special handling, and is not the subject of a Protective Order or an existing order that it be sealed, under Local Civil Rule 5.1(j), the defendant shall file a notice, on or before September 3, 2012, providing a basis for why the Clancy Declaration should not be made a part of the public record in this case. Signed by Judge Beryl A. Howell on August 15, 2012. (lcbah1) (Entered: 08/15/2012)
2012-08-15MINUTE ORDER (paperless) granting 21 Consent Motion for an Extension of Time to Respond to Defendant's Motion to Stay. The plaintiff shall file, on or before November 2, 2012, a response to the 17 Defendant's Motion for Open America Stay. Signed by Judge Beryl A. Howell on August 15, 2012. (lcbah1) (Entered: 08/15/2012)
2012-08-15Set/Reset Deadlines: Defendant's Notice due by 9/3/2012. (tg, ) (Entered: 08/16/2012)
2012-08-15Set/Reset Deadlines: Plaintiff's response due by 11/2/2012. (tg, ) (Entered: 08/16/2012)
2012-08-3022RESPONSE TO ORDER OF THE COURT re Order on Motion for Order to Show Cause,, filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Adebonojo, Kenneth) (Entered: 08/30/2012)
2012-09-1223REPLY re Minute Order on Motion for Order to Show Cause filed by RYAN NOAH SHAPIRO. (Attachments: # 1 Declaration Ryan Noah Shapiro)(Light, Jeffrey) Modified on 9/13/2012 to to correct linkage (rdj). (Entered: 09/12/2012)
2012-09-1324ERRATA by RYAN NOAH SHAPIRO 23 Reply to Document filed by RYAN NOAH SHAPIRO. (Attachments: # 1 Declaration Ryan Noah Shapiro)(Light, Jeffrey) (Entered: 09/13/2012)
2012-09-18ENTERED IN ERROR.....ORDER regarding the defendant's filing of a declaration ex parte and in camera. See Order for further details. Signed by Judge Beryl A. Howell on September 18, 2012. (lcbah1) Modified on 9/19/2012 (tg, ). (Entered: 09/18/2012)
2012-09-1925ORDER regarding the defendant's filing of a declaration ex parte and in camera. See Order for further details. Signed by Judge Beryl A. Howell on September 19, 2012. (lcbah1) (Entered: 09/19/2012)
2012-09-19NOTICE OF CORRECTED DOCKET ENTRY: The Order entered on 9/18/2012 was entered in error. A new ORDER was entered under docket entry 25 on 9/19/2012. (tg, ) (Entered: 09/19/2012)
2012-11-0226CONSENT MOTION for Extension of Time UNTIL 1/4/13 to Respond to 17 Defendant's MOTION For Open America Stay by RYAN NOAH SHAPIRO (Attachments: # 1 Text of Proposed Order)(jeb, ) Modified on 11/2/2012 (jeb, ). (Entered: 11/02/2012)
2012-11-02MINUTE ORDER (paperless) granting 26 Consent Motion for an Extension of Time to Respond to Defendant's Motion to Stay. The plaintiff shall file, by January 4, 2013, a response to the 17 Defendant's Motion for Open America Stay. Signed by Judge Beryl A. Howell on November 2, 2012. (lcbah1) (Entered: 11/02/2012)
2012-11-02Set/Reset Deadlines: Response to Defendant's Motion for Open America Stay due by 1/4/2013. (tg, ) (Entered: 11/05/2012)
2012-11-2027MOTION for Leave to File Notice of Deposition by RYAN NOAH SHAPIRO (Attachments: # 1 Exhibit Hardy Declaration from Case 12-667 (CKK), # 2 Exhibit Proposed Notice of Deposition, # 3 Text of Proposed Order)(Light, Jeffrey) (Entered: 11/20/2012)
2012-11-3028Consent MOTION for Extension of Time to File Defendant's Opposition to Plaintiff's Motion for Leave to Depose Defendant by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 11/30/2012)
2012-12-03MINUTE ORDER (paperless) granting 28 Consent Motion to Enlarge Time to File an Opposition to Plaintiff's Motion for Leave to Depose Defendant. The defendant shall file, by January 7, 2013, any response to the 27 Motion for Leave to Depose Defendant. The plaintiff shall file, by January 31, 2013, any response to 17 Defendant's Motion for Open America Stay. Signed by Judge Beryl A. Howell on December 3, 2012. (lcbah1) (Entered: 12/03/2012)
2012-12-3129MOTION for Extension of Time to File Defendant's Opposition to Plaintiff's Motion for Leave to Depose Defendant by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 12/31/2012)
2013-01-02MINUTE ORDER (paperless) granting 29 Motion to Enlarge Time to File an Opposition to Plaintiff's Motion for Leave to Depose Defendant. The defendant shall file, by January 14, 2013, any response to the 27 Motion for Leave to Depose Defendant. The plaintiff shall file, by February 7, 2013, any response to the 17 Defendant's Motion for Open America Stay. Signed by Judge Beryl A. Howell on January 2, 2013. (lcbah1) (Entered: 01/02/2013)
2013-01-02Set/Reset Deadlines: Response to 27 Motion for Leave to Depose Defendant due by 1/14/2013. Response to 17 Motion for Open America Stay due 2/7/2013. (tg, ) (Entered: 01/02/2013)
2013-01-1430Memorandum in opposition to re 27 MOTION for Leave to File Notice of Deposition filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit 1)(Adebonojo, Kenneth) (Entered: 01/14/2013)
2013-01-2431REPLY to opposition to motion re 27 MOTION for Leave to File Notice of Deposition filed by RYAN NOAH SHAPIRO. (Light, Jeffrey) (Entered: 01/24/2013)
2013-01-3032ORDER denying 27 Motion for Leave to Depose Defendant. See Order for further details. Signed by Judge Beryl A. Howell on January 30, 2013. (lcbah1) (Entered: 01/30/2013)
2013-02-0533MOTION for Extension of Time to File Response/Reply as to 17 MOTION to Stay For Open America Stay by RYAN NOAH SHAPIRO (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 02/05/2013)
2013-02-05MINUTE ORDER (paperless) granting in part and denying in part 33 Motion for an Extension of Time to Respond to Defendant's Motion to Stay. The plaintiff shall file, by February 21, 2013, any opposition to the 17 Defendant's Motion for Open America Stay. The defendant shall file, by March 25, 2013, any reply in further support of the 17 Defendant's Motion for Open America Stay. Any amicus curiae wishing to file a brief in support or opposition of the 17 Defendant's Motion for Open America Stay must file, by February 21, 2013, a motion for leave to file such a brief. Signed by Judge Beryl A. Howell on February 5, 2013. (lcbah1) (Entered: 02/05/2013)
2013-02-05Set/Reset Deadlines: Opposition to 17 Motion due by 2/21/2013. Reply due by 3/25/2013. Motion for leave to file amicus curiae brief due by 2/21/2013. (tg, ) (Entered: 02/06/2013)
2013-02-2134MOTION for Leave to File Amici Curiae Brief by NATIONAL SECURITY COUNSELORS, NATIONAL SECURITY ARCHIVE, CENTER FOR CONSTITUTIONAL RIGHTS, TRUTHOUT, MARK ZAID (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 02/21/2013)
2013-02-2135Memorandum in opposition to re 17 MOTION to Stay For Open America Stay filed by RYAN NOAH SHAPIRO. (Attachments: # 1 Declaration Jason Leopold, # 2 Declaration Dara Lovitz, # 3 Declaration Will Potter, # 4 Declaration Ryan Noah Shapiro, Second, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Text of Proposed Order)(Light, Jeffrey) (Entered: 02/22/2013)
2013-02-22MINUTE ORDER (paperless) Upon consideration of the 34 Motion for Leave to File Amici Curiae Brief in Opposition to Defendant's Motion for Open America Stay, the defendant shall file, by February 27, 2013, a response that sets forth its reasons for opposing the filing of the proposed amicus brief. Signed by Judge Beryl A. Howell on February 22, 2013. (lcbah1) (Entered: 02/22/2013)
2013-02-2236ERRATA by RYAN NOAH SHAPIRO 35 Memorandum in Opposition,, filed by RYAN NOAH SHAPIRO. (Light, Jeffrey) (Entered: 02/22/2013)
2013-02-22Set/Reset Deadlines: Response to Order of the Court due by 2/27/2013 (tg, ) (Entered: 02/22/2013)
2013-02-2237NOTICE of Request for Oral Argument by RYAN NOAH SHAPIRO re 17 MOTION to Stay For Open America Stay (Light, Jeffrey) (Entered: 02/22/2013)
2013-02-2738Memorandum in opposition to re 34 MOTION for Leave to File Amici Curiae Brief filed by DEPARTMENT OF JUSTICE. (Adebonojo, Kenneth) (Entered: 02/27/2013)
2013-02-28MINUTE ORDER (paperless) denying without prejudice 34 Motion for Leave to File Amici Curiae Brief in Opposition to Defendant's Motion for Open America Stay. The motion is denied without prejudice due to amici's failure to append a copy of a proposed brief to their motion. See FED. R. APP. P. 29(b). Signed by Judge Beryl A. Howell on February 28, 2013. (lcbah1) (Entered: 02/28/2013)
2013-03-0239Consent MOTION for Briefing Schedule for Motion for Leave to File Amici Brief by CENTER FOR CONSTITUTIONAL RIGHTS, NATIONAL SECURITY ARCHIVE, NATIONAL SECURITY COUNSELORS, TRUTHOUT, MARK ZAID (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 03/02/2013)
2013-03-04MINUTE ORDER (paperless) granting 39 Consent Motion for Entry of Briefing Schedule. Amici must file, by March 14, 2013 a motion for leave to file an amicus curiae brief. The defendant must file, by March 20, 2013, any opposition to amici's motion for leave to file. Amici must file, by March 25, 2013, any reply in further support of their motion for leave to file. The defendant shall file, by April 19, 2013, any reply in further support of its 17 Motion for Open America Stay. The defendant shall file, by April 19, 2013, any response to the plaintiff's 37 Notice of Request for Oral Argument. It is further ORDERED that this case is STAYED until the defendant's 17 Motion for Open America Stay has been fully briefed and is ripe for consideration by the Court. Signed by Judge Beryl A. Howell on March 4, 2013. (lcbah1) (Entered: 03/04/2013)
2013-03-04Case Stayed. (tg, ) (Entered: 03/07/2013)
2013-03-05Set/Reset Deadlines: Amici must file, by 3/14/2013, a motion for leave to file an amicus curiae brief. The defendant must file, by 3/20/2013, any opposition to amici's motion for leave to file. Amici must file, by 3/25/2013, any reply in further support of their motion for leave to file. The defendant shall file, by 4/19/2013, any reply in further support of its 17 Motion for Open America Stay. The defendant shall file, by 4/19/2013, any response to the plaintiff's 37 Notice of Request for Oral Argument. (ad) (Entered: 03/05/2013)
2013-03-1440Second MOTION for Leave to File Amici Curiae Brief by CENTER FOR CONSTITUTIONAL RIGHTS, NATIONAL SECURITY ARCHIVE, NATIONAL SECURITY COUNSELORS, TRUTHOUT, MARK ZAID, NATIONAL LAWYERS GUILD, D.C. CHAPTER (Attachments: # 1 Exhibit A - Proposed amici brief, # 2 Exhibit A-1 - McClanahan declaration, # 3 Exhibit A-2 - Jones declaration, # 4 Exhibit A-3 - Feinman brief, # 5 Exhibit A-4 - NSC v. CIA brief, # 6 Text of Proposed Order)(McClanahan, Kelly) (Entered: 03/14/2013)
2013-03-2041Memorandum in opposition to re 40 Second MOTION for Leave to File Amici Curiae Brief filed by DEPARTMENT OF JUSTICE. (Adebonojo, Kenneth) (Entered: 03/20/2013)
2013-03-2542REPLY to opposition to motion re 40 Second MOTION for Leave to File Amici Curiae Brief filed by CENTER FOR CONSTITUTIONAL RIGHTS, NATIONAL LAWYERS GUILD, D.C. CHAPTER, NATIONAL SECURITY ARCHIVE, NATIONAL SECURITY COUNSELORS, TRUTHOUT, MARK ZAID. (Attachments: # 1 Exhibit B - 2d Jones Declaration, # 2 Exhibit C - Doe I brief)(McClanahan, Kelly) (Entered: 03/26/2013)
2013-04-02MINUTE ORDER (paperless) granting 40 Renewed Motion for Leave to File Amicus Curiae Brief in Partial Opposition to Defendant's Motion for Open America Stay because the movants' proposed brief complies with the requirements of Federal Rule of Appellate Procedure 29. The movants, as frequent FOIA requesters, have fully explained (1) their interest in this matter, (2) the reasons why their proposed amicus brief is desirable; and (3) why the matters asserted in their amicus brief are relevant to the disposition of this case. See Fed. R. App. P. 29(b). In particular, amici's arguments regarding "the question of interim releases," see ECF No. 42, at 2 n.1, are likely to be both desirable and relevant to deciding the pending 17 Defendant's Motion for Open America Stay. Signed by Judge Beryl A. Howell on April 2, 2013. (lcbah1) (Entered: 04/02/2013)
2013-04-0243AMICUS BRIEF by CENTER FOR CONSTITUTIONAL RIGHTS, NATIONAL LAWYERS GUILD, D.C. CHAPTER, NATIONAL SECURITY ARCHIVE, NATIONAL SECURITY COUNSELORS, TRUTHOUT, MARK ZAID. (rdj) (Entered: 04/03/2013)
2013-04-1544NOTICE by RYAN NOAH SHAPIRO re 35 Memorandum in Opposition,, (Attachments: # 1 Exhibit 1 - Opinion denying Open America stay in EPIC v. FBI, # 2 Exhibit 2 - EPIC v. FBI Second Hardy Declaration, # 3 Declaration Ryan Noah Shapiro, Third, # 4 Declaration Jason Leopold, Second)(Light, Jeffrey) (Entered: 04/15/2013)
2013-04-1645Consent MOTION for Extension of Time to File a Combined Reply to Plaintiff's and Amicus' Opposition to Defendant's Motion for an Open America Stay by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 04/16/2013)
2013-04-16MINUTE ORDER (paperless) granting 45 Consent Motion to Enlarge Time to File a Combined Reply to Plaintiff's and Amicus' Opposition to Defendant's Motion for an Open America Stay. The defendant shall file, by May 21, 2013, any reply in further support of its 17 Motion for Open America Stay. Signed by Judge Beryl A. Howell on April 16, 2013. (lcbah1) (Entered: 04/16/2013)
2013-04-16Set/Reset Deadlines: Reply in support of 17 Motion due by 5/21/2013. (tg, ) (Entered: 04/17/2013)
2013-05-1746MOTION for Extension of Time to File a Reply to Plaintiff's and Amicus' Opposition to Defendant's Motion for Open America Stay by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 05/17/2013)
2013-05-1747Memorandum in opposition to re 46 MOTION for Extension of Time to File a Reply to Plaintiff's and Amicus' Opposition to Defendant's Motion for Open America Stay filed by RYAN NOAH SHAPIRO. (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 05/17/2013)
2013-05-1848REPLY to opposition to motion re 46 MOTION for Extension of Time to File a Reply to Plaintiff's and Amicus' Opposition to Defendant's Motion for Open America Stay filed by DEPARTMENT OF JUSTICE. (Adebonojo, Kenneth) (Entered: 05/18/2013)
2013-05-20MINUTE ORDER (paperless) granting 46 Motion to Enlarge Time to File a Combined Reply to Plaintiff's and Amicus' Opposition to Defendant's Motion for an Open America Stay, for good cause shown. The defendant shall file, by May 24, 2013, any reply in further support of its 17 Motion for Open America Stay. Signed by Judge Beryl A. Howell on May 20, 2013. (lcbah1) (Entered: 05/20/2013)
2013-05-20Set/Reset Deadlines: Reply in Support of 17 Motion due by 5/24/2013. (tg, ) (Entered: 05/20/2013)
2013-05-2449REPLY to opposition to motion re 17 MOTION to Stay For Open America Stay filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A)(Adebonojo, Kenneth) (Entered: 05/24/2013)
2013-06-0350MOTION for Briefing Schedule for Motion for Leave to File Response by CENTER FOR CONSTITUTIONAL RIGHTS, NATIONAL LAWYERS GUILD, D.C. CHAPTER, NATIONAL SECURITY ARCHIVE, NATIONAL SECURITY COUNSELORS, TRUTHOUT, MARK ZAID (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 06/03/2013)
2013-06-0751Memorandum in opposition to re 50 MOTION for Briefing Schedule for Motion for Leave to File Response filed by DEPARTMENT OF JUSTICE. (Adebonojo, Kenneth) (Entered: 06/07/2013)
2013-06-0852REPLY to opposition to motion re 50 MOTION for Briefing Schedule for Motion for Leave to File Response filed by CENTER FOR CONSTITUTIONAL RIGHTS, NATIONAL LAWYERS GUILD, D.C. CHAPTER, NATIONAL SECURITY ARCHIVE, NATIONAL SECURITY COUNSELORS, TRUTHOUT, MARK ZAID. (McClanahan, Kelly) (Entered: 06/08/2013)
2013-06-1053MOTION for Leave to File Surreply in Opposition to Defendant's Motion for Open America Stay by RYAN NOAH SHAPIRO (Attachments: # 1 Exhibit Proposed surreply, # 2 Exhibit A to surreply, # 3 Exhibit B to surreply, # 4 Exhibit C to surreply, # 5 Exhibit D to surreply, # 6 Text of Proposed Order)(Light, Jeffrey) (Entered: 06/10/2013)
2013-06-1254MOTION for Leave to File Amici Curiae Response by CENTER FOR CONSTITUTIONAL RIGHTS, NATIONAL LAWYERS GUILD, D.C. CHAPTER, NATIONAL SECURITY ARCHIVE, NATIONAL SECURITY COUNSELORS, TRUTHOUT, MARK ZAID (Attachments: # 1 Exhibit A - Proposed response, # 2 Text of Proposed Order)(McClanahan, Kelly) (Entered: 06/12/2013)
2013-06-2755Memorandum in opposition to re 53 MOTION for Leave to File Surreply in Opposition to Defendant's Motion for Open America Stay filed by DEPARTMENT OF JUSTICE. (Adebonojo, Kenneth) (Entered: 06/27/2013)
2013-06-2856REPLY to opposition to motion re 53 MOTION for Leave to File Surreply in Opposition to Defendant's Motion for Open America Stay filed by RYAN NOAH SHAPIRO. (Light, Jeffrey) (Entered: 06/28/2013)
2013-07-01MINUTE ORDER (paperless) Upon consideration of the 53 Motion for Leave to File Surreply, the memoranda submitted in support and opposition, and the entire record herein it is hereby ORDERED that the 53 Motion for Leave to File Surreply is GRANTED. The Court will accept the plaintiff's surreply brief in light of the amount of briefing that has already been submitted and the significance of the issues presented in this case. Signed by Judge Beryl A. Howell on July 1, 2013. (lcbah1) (Entered: 07/01/2013)
2013-07-0157SURREPLY to re 17 MOTION to Stay For Open America Stay filed by RYAN NOAH SHAPIRO. (rdj) (Entered: 07/01/2013)
2013-09-24MINUTE ORDER (paperless) The Amici's 54 Motion for Leave to File Amici Curiae Response is GRANTED and the Amici's 50 Motion for Briefing Schedule is DENIED as moot. Signed by Judge Beryl A. Howell on September 24, 2013. (lcbah1) (Entered: 09/24/2013)
2013-09-2458RESPONSE re 17 MOTION to Stay For Open America Stay filed by CENTER FOR CONSTITUTIONAL RIGHTS, NATIONAL LAWYERS GUILD, D.C. CHAPTER, NATIONAL SECURITY ARCHIVE, NATIONAL SECURITY COUNSELORS, TRUTHOUT, MARK ZAID. (rdj) (Entered: 09/25/2013)
2014-01-2859NOTICE OF SUPPLEMENTAL AUTHORITY by RYAN NOAH SHAPIRO (Attachments: # 1 Exhibit)(Light, Jeffrey) (Entered: 01/28/2014)
2014-12-0860NOTICE OF SUPPLEMENTAL AUTHORITY by RYAN NOAH SHAPIRO (Attachments: # 1 Declaration Ryan Noah Shapiro (Fourth))(Light, Jeffrey) (Entered: 12/08/2014)
2014-12-0861ORDER GRANTING in part and DENYING in part the defendant's 17 Motion for Open America Stay. The 17 Motion is GRANTED insofar as it requests entry of an Open America stay and is DENIED insofar as it requests that stay to last until September 30, 2019. This matter is STAYED until September 30, 2017, on which date the defendant shall file a status report apprising the Court whether good cause exists to extend the stay and, if so, until what date the stay should be extended. The defendant shall, on February 9, 2015, and every ninety days thereafter, file a status report apprising the Court and the plaintiff of the defendant's progress in processing the plaintiff's FOIA requests. See Order for further details. Signed by Judge Beryl A. Howell on December 8, 2014. (lcbah1) (Entered: 12/08/2014)
2014-12-09Case Stayed until 9/30/2017. Defendant's First Status Report due by 2/9/2015. (tg, ) (Entered: 12/09/2014)
2014-12-1862MOTION for Certification for interlocatory appeal as to Order Granting Open America stay by RYAN NOAH SHAPIRO (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 12/18/2014)
2015-01-0563Consent MOTION for Extension of Time to File Defendant's Opposition to Plaintiff's Motion for Certification of Interlocutory Appeal by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 01/05/2015)
2015-01-06MINUTE ORDER (paperless) GRANTING the defendant's 63 Motion to Enlarge Time to File Defendant's Opposition to Plaintiff's Motion for Certification for Interlocutory Appeal. The defendant shall, by January 21, 2015, file any opposition to the plaintiff's 62 Motion to Certify for Interlocutory Appeal. Signed by Judge Beryl A. Howell on January 6, 2015. (lcbah1) (Entered: 01/06/2015)
2015-01-06Set/Reset Deadlines: Opposition to the plaintiff's 62 Motion to Certify for Interlocutory Appeal due by 1/21/2015. (tg, ) (Entered: 01/06/2015)
2015-01-2164MOTION for Extension of Time to File Defendant's Opposition to Plaintiff's Motion to Certify for Interlocutory Appeal by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 01/21/2015)
2015-01-22MINUTE ORDER (paperless) GRANTING, nunc pro tunc , the defendant's unopposed 64 Motion to Enlarge Time to File Defendant's Opposition to Plaintiff's Motion for Certification for Interlocutory Appeal. The defendant shall, by January 23, 2015, file any opposition to the plaintiff's 62 Motion. Signed by Judge Beryl A. Howell on January 22, 2015. (lcbah1) (Entered: 01/22/2015)
2015-01-22Set/Reset Deadlines: Opposition to 62 Motion due by 1/23/2015. (tg, ) (Entered: 01/22/2015)
2015-01-2365Memorandum in opposition to re 62 MOTION for Certification for interlocatory appeal as to Order Granting Open America stay filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A)(Adebonojo, Kenneth) (Entered: 01/23/2015)
2015-02-0266Consent MOTION for Extension of Time to File Response/Reply as to 62 MOTION for Certification for interlocatory appeal as to Order Granting Open America stay by RYAN NOAH SHAPIRO (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 02/02/2015)
2015-02-03MINUTE ORDER (paperless) GRANTING nunc pro tunc the plaintiff's 66 Consent Motion for an Extension of Time to File a Reply in Support of Motion to Certify for Interlocutory Appeal. The plaintiff shall, by February 17, 2015, file any reply to the defendant's 65 Opposition to the plaintiff's 62 Motion for Certification for Interlocutory Appeal. Signed by Judge Beryl A. Howell on February 3, 2015. (lcbah1) (Entered: 02/03/2015)
2015-02-04Set/Reset Deadlines: Reply due by 2/17/2015. (mpt, ) (Entered: 02/04/2015)
2015-02-0867STATUS REPORT For Open America Processing as of February 9, 2015 by DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A)(Adebonojo, Kenneth) (Entered: 02/08/2015)
2015-02-0868NOTICE of Refiling of Exhibit A to ECF No. 67 by DEPARTMENT OF JUSTICE re 67 Status Report (Attachments: # 1 Exhibit A)(Adebonojo, Kenneth) (Entered: 02/08/2015)
2015-02-1869REPLY to opposition to motion re 62 MOTION for Certification for interlocatory appeal as to Order Granting Open America stay filed by RYAN NOAH SHAPIRO. (Light, Jeffrey) (Entered: 02/18/2015)
2015-02-18MINUTE ORDER (paperless) DENYING the plaintiff's 62 Motion for Certification of Interlocutory Appeal. Despite the plaintiff's arguments to the contrary, see 69 Pl.'s Reply at 1, interlocutory appeal certification pursuant to 28 U.S.C. § 1292(b) "is meant to be applied in relatively few situations and should not be read as a significant incursion on the traditional federal policy against piecemeal appeals." Tolson v. United States , 732 F.2d 998, 1002 (D.C. Cir. 1984) (quoting Wright & Miller, Federal Practice and Procedure sec. 2658.2 at 80 (2d ed. 1983)). The plaintiff's motion merely seeks to re-argue points already raised by the plaintiff and amici, and rejected by this Court, in the context of the plaintiff's original opposition to the stay in this matter. See Am. Soc. For Prevention of Cruelty to Animals v. Ringling Bros. and Barnum and Bailey Circus , 246 F.R.D. 39, 43 (D.D.C. 2007). The defendant's representations that rolling production of documents is now occurring and there "has been... a significant increase in speed of processing Plaintiffs request," 65 Def.'s Opp'n, further militates against certifying such an extraordinary appeal. Finally, the facts contained in the ex parte submission in support of the defendant's 17 Motion for Open America Stay, on which the Court based its ruling in part, have not changed. Consequently, the plaintiff's 62 Motion for Interlocutory Appeal is DENIED. Signed by Judge Beryl A. Howell on February 18, 2015. (lcbah1) (Entered: 02/18/2015)
2015-05-0870STATUS REPORT Regarding Processing Progress by DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A)(Adebonojo, Kenneth) (Entered: 05/08/2015)
2015-08-1071STATUS REPORT Regarding Processing Progress by DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A)(Adebonojo, Kenneth) (Entered: 08/10/2015)
2015-11-1072STATUS REPORT Regarding Processing Progress by DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A)(Adebonojo, Kenneth) (Entered: 11/10/2015)
2016-02-0973STATUS REPORT by DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A)(Adebonojo, Kenneth) (Entered: 02/09/2016)
2016-05-0574STATUS REPORT by DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A)(Adebonojo, Kenneth) (Entered: 05/05/2016)
2016-05-0575NOTICE of Re-Filing of "Exhibit A" to Defendant's Processing Progress Status Report, ECF No. 74 by DEPARTMENT OF JUSTICE re 74 Status Report (Attachments: # 1 Exhibit A)(Adebonojo, Kenneth) (Entered: 05/05/2016)
2016-08-0376STATUS REPORT Regarding Processing Progress by DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A)(Adebonojo, Kenneth) (Entered: 08/03/2016)
2016-11-1077STATUS REPORT Regarding Defendant's Progressing Progress by DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A)(Adebonojo, Kenneth) (Entered: 11/10/2016)
2017-02-0778STATUS REPORT by DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A)(Adebonojo, Kenneth) (Entered: 02/07/2017)
2017-05-0279STATUS REPORT Regarding Processing Progress by DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A)(Adebonojo, Kenneth) (Entered: 05/02/2017)
2017-05-03MINUTE ORDER (paperless) DIRECTING, upon consideration of the defendant's 79 status report, the parties to submit, by May 17, 2017, a Joint Status Report advising the Court whether the stay in this case should be lifted and, if so, providing a proposed scheduling order to control further proceedings in this matter. Signed by Chief Judge Beryl A. Howell on May 3, 2017. (lcbah4) (Entered: 05/03/2017)
2017-05-04Set/Reset Deadlines: Joint Status Report due by 5/17/2017. (tg) (Entered: 05/04/2017)
2017-05-1980MOTION for Extension of Time to File Joint Status Report by RYAN NOAH SHAPIRO (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 05/19/2017)
2017-05-22MINUTE ORDER (paperless) GRANTING, nunc pro tunc , the plaintiff's 80 Motion for Extension of Time to File Joint Status Report. Accordingly, the parties shall file, by May 24, 2017, a Joint Status Report advising the Court whether the stay in this case should be lifted and, if so, providing a proposed scheduling order to control further proceedings in this matter. Signed by Chief Judge Beryl A. Howell on May 22, 2017. (lcbah4) (Entered: 05/22/2017)
2017-05-22Set/Reset Deadlines: Joint Status Report due by 5/24/2017. (tg) (Entered: 05/22/2017)
2017-05-2481Joint STATUS REPORT by RYAN NOAH SHAPIRO. (Light, Jeffrey) (Entered: 05/24/2017)
2017-05-25MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 81 Joint Status Report, the parties to submit, by June 26, 2017, a Joint Status Report advising the Court whether the stay in this case should be lifted and, if so, providing a proposed scheduling order to control further proceedings in this matter. Signed by Chief Judge Beryl A. Howell on May 25, 2017. (lcbah4) (Entered: 05/25/2017)
2017-05-26Set/Reset Deadlines: Joint Status Report due by 6/26/2017. (tg) (Entered: 05/26/2017)
2017-06-2282Consent MOTION for Extension of Time to File Joint Status Report by RYAN NOAH SHAPIRO (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 06/22/2017)
2017-06-22MINUTE ORDER (paperless) GRANTING the plaintiff's 82 Consent Motion for Extension of Time to File Joint Status Report. Accordingly, the parties shall submit, by June 30, 2017, a Joint Status Report advising the Court whether the stay in this case should be lifted and, if so, providing a proposed scheduling order to control further proceedings in this matter. Signed by Chief Judge Beryl A. Howell on June 22, 2017. (lcbah4) (Entered: 06/22/2017)
2017-06-22Set/Reset Deadlines: Joint Status Report due by 6/30/2017. (tg) (Entered: 06/23/2017)
2017-06-3083Joint STATUS REPORT by RYAN NOAH SHAPIRO. (Light, Jeffrey) (Entered: 06/30/2017)
2017-07-03MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 83 Joint Status Report, the parties to file, by August 29, 2017, a further Joint Status Report proposing a schedule to govern future proceedings in this matter. Signed by Chief Judge Beryl A. Howell on July 3, 2017. (lcbah4) (Entered: 07/03/2017)
2017-07-05Set/Reset Deadlines: Joint Status Report due by 8/29/2017. (tg) (Entered: 07/05/2017)
2017-08-2984Joint STATUS REPORT by RYAN NOAH SHAPIRO. (Light, Jeffrey) (Entered: 08/29/2017)
2017-08-30MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 84 Joint Status Report, the parties to submit, by October 12, 2017, their respective proposals for a "sampling approach" for a Vaughn Index, setting forth how each party believes a sampling approach should be employed in this case, together with any other areas of disagreement they wish the Court to address. Signed by Chief Judge Beryl A. Howell on August 30, 2017 (lcbah4) (Entered: 08/30/2017)
2017-08-31Set/Reset Deadlines: Parties To Submit Their Respective Proposals For A "Sampling Approach" For A Vaughn Index due by 10/12/2017. (mac) (Entered: 08/31/2017)
2017-10-1185Consent MOTION for Extension of Time to File the Parties' Status Report by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 10/11/2017)
2017-10-12MINUTE ORDER (paperless) GRANTING the defendant's 85 Consent Motion for Extension of Time. Accordingly, the parties shall submit, by October 20, 2017, their respective proposals for a "sampling approach" for a Vaughn Index, setting forth how each party believes a sampling approach should be employed in this case, together with any other areas of disagreement they wish the Court to address. Signed by Chief Judge Beryl A. Howell on October 12, 2017. (lcbah4) (Entered: 10/12/2017)
2017-10-12Set/Reset Deadlines: Parties' "sampling approach" for a Vaughn Index due by 10/20/2017. (hmc) (Entered: 10/12/2017)
2017-10-2086Joint STATUS REPORT by RYAN NOAH SHAPIRO. (Light, Jeffrey) (Entered: 10/20/2017)
2017-10-23MINUTE ORDER (paperless) APPROVING the parties jointly proposed sampling method and DIRECTING the parties to file, by November 22, 2017, a proposed briefing schedule for further proceedings, including motions for summary judgment. Signed by Chief Judge Beryl A. Howell on October 23, 2017. (lcbah4) (Entered: 10/23/2017)
2017-10-23Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 11/22/2017. (tg) (Entered: 10/23/2017)
2017-11-2287PROPOSED BRIEFING SCHEDULE re Order, Joint by RYAN NOAH SHAPIRO. (Light, Jeffrey) (Entered: 11/22/2017)
2017-11-24MINUTE ORDER (paperless) ISSUING, upon consideration of the parties' 87 Joint Proposed Briefing Schedule, the following SCHEDULING ORDER to control further proceedings in this case: (1) the plaintiff shall, by March 15, 2018, designate a sample for the Vaughn index; (2) the defendant shall, by June 13, 2018, file any motion for summary judgment; (3) the plaintiff shall, by August 14, 2018, file an opposition to the defendant's motion for summary judgment, as well as any cross-motion for summary judgment; (4) the defendant shall, by October 16, 2018, file a reply in support of its motion for summary judgment, as well as an opposition to the plaintiff's cross-motion for summary judgment; (5) the plaintiff shall, by December 17, 2018, file a reply in support of its cross-motion for summary judgment. Signed by Chief Judge Beryl A. Howell on November 24, 2017. (lcbah4) (Entered: 11/24/2017)
2017-11-27Set/Reset Deadlines: Plaintiff's sample for the Vaughn Index due by 3/15/2018. Defendant's Motion for Summary Judgment due by 6/13/2018. Plaintiff's opposition to Defendant's Motion for Summary Judgment and Cross-Motion due by 8/14/2018. Defendant's reply in support of its Motion for Summary Judgment and opposition to the Plaintiff's Cross-Motion due by 10/16/2018. Plaintiff's reply in support of its Cross-Motion due by 12/17/2018. (hmc) (Entered: 11/27/2017)
2018-03-1588MOTION for Extension of Time to File Designation of Sample by RYAN NOAH SHAPIRO (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 03/15/2018)
2018-03-1689NOTICE of Defendant's consent by RYAN NOAH SHAPIRO re 88 MOTION for Extension of Time to File Designation of Sample (Light, Jeffrey) (Entered: 03/16/2018)
2018-03-16MINUTE ORDER (paperless) GRANTING, with the defendant's consent, see 89 Notice of Defendant's Consent, the plaintiff's 88 Motion for Extension of Time to Designate Sample. The plaintiff shall, by March 19, 2018, designate a sample for the Vaughn index. Signed by Chief Judge Beryl A. Howell on March 16, 2018. (lcbah4) (Entered: 03/16/2018)
2018-03-16Set/Reset Deadlines: Plaintiff's designation of a sample for the Vaughn Index due by 3/19/2018. (tg) (Entered: 03/16/2018)
2018-03-1990NOTICE by RYAN NOAH SHAPIRO re Order,,, (Attachments: # 1 Exhibit Designation of Bates pages, # 2 Exhibit Exemption 7(A) Subjects)(Light, Jeffrey) (Entered: 03/19/2018)
2018-06-1391Consent MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 06/13/2018)
2018-06-13MINUTE ORDER (paperless) GRANTING, with the plaintiff's consent, the defendant's 91 Motion to Enlarge Time to File Defendant's Motion for Summary Judgment. The defendant shall, by July 27, 2018, file any motion for summary judgment. The plaintiff shall, by September 28, 2018, file any opposition to the defendant's motion and any cross-motion for summary judgment. The defendant shall, by November 28, 2018, file any reply in support of its motion for summary judgment and any opposition to the plaintiff's cross-motion for summary judgment. The plaintiff shall, by January 25, 2019, file any reply in support of his cross-motion for summary judgment. Signed by Chief Judge Beryl A. Howell on June 13, 2018. (lcbah4) (Entered: 06/13/2018)
2018-06-13Set/Reset Deadlines: Summary Judgment motion due by 7/27/2018; Cross-Motion and Opposition to Motion for Summary Judgment due by 9/28/2018; Opposition to Cross-Motion and Reply to Opposition to Motion for Summary Judgment due by 11/28/2018; Reply to Opposition to Cross-Motion due by 1/25/2019. (tg) (Entered: 06/13/2018)
2018-07-2792Consent MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 07/27/2018)
2018-07-27MINUTE ORDER (paperless) GRANTING the defendant's 92 Motion to Enlarge Time to File Defendant's Motion for Summary Judgment. The defendant shall, by September 4, 2018, file any motion for summary judgment. The plaintiff shall, by November 5, 2018, file any opposition to the defendant's motion and any cross-motion for summary judgment. The defendant shall, by January 4, 2019, file any reply in support of its motion and any opposition to the plaintiff's cross-motion for summary judgment. The plaintiff shall, by March 4, 2019, file any reply in support of its cross-motion. Signed by Chief Judge Beryl A. Howell on July 27, 2018. (lcbah4) (Entered: 07/27/2018)
2018-07-30Set/Reset Deadlines: Summary Judgment motion due by 9/4/2018; Cross-Motion and Opposition to Motion for Summary Judgment due by 11/5/2018; Opposition to Cross-Motion and Reply to Opposition to Motion for Summary Judgment due by 1/4/2019; Reply to Opposition to Cross Motion due by 3/4/2019. (tg) (Entered: 07/30/2018)
2018-09-0493Consent MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 09/04/2018)
2018-09-05MINUTE ORDER (paperless) GRANTING, nunc pro tunc , the defendant's 93 Consent Motion to Enlarge Time to File Defendant's Motion for Summary Judgment. The defendant shall, by October 4, 2018, file any motion for summary judgment. The plaintiff shall, by December 5, 2018, file any opposition to the defendant's motion and any cross-motion for summary judgment. The defendant shall, by February 4, 2019, file any reply in support of its motion and any opposition to the plaintiff's cross-motion for summary judgment. The plaintiff shall, by April 3, 2019, file any reply in support of its cross-motion. Signed by Chief Judge Beryl A. Howell on September 5, 2018. (lcbah4) (Entered: 09/05/2018)
2018-09-05Set/Reset Deadlines: Summary Judgment motion due by 10/4/2018; Cross-Motion and Opposition to Motion for Summary Judgment due by 12/5/2018; Opposition to Cross-Motion and Reply to Opposition to Motion for Summary Judgment due by 2/4/2019; Reply to Opposition to Cross-Motion due by 4/3/2019. (tg) (Entered: 09/05/2018)
2018-10-0394Consent MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 10/03/2018)
2018-10-04MINUTE ORDER (paperless) GRANTING the defendant's unopposed 94 Motion to Enlarge Time to File Defendant's Motion for Summary Judgment. The defendant shall, by October 11, 2018, file any motion for summary judgment. The plaintiff shall, by December 12, 2018, file any opposition to the defendant's motion and any cross-motion for summary judgment. The defendant shall, by February 11, 2019, file any reply in support of its motion and any opposition to the plaintiff's cross-motion for summary judgment. The plaintiff shall, by April 10, 2019, file any reply in support of its cross-motion. Signed by Chief Judge Beryl A. Howell on October 4, 2018. (lcbah4) (Entered: 10/04/2018)
2018-10-04Set/Reset Deadlines: Defendant's summary judgment motion due by 10/11/2018; plaintiff's cross-motion and opposition to Motion for Summary Judgment due by 12/12/2018; defendant's opposition to cross-motion and reply to Motion for Summary Judgment due by 2/11/2019; plaintiff's reply to opposition to cross motions due by 4/10/2019. (tg) (Entered: 10/04/2018)
2018-10-1095Final MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 10/10/2018)
2018-10-12MINUTE ORDER (paperless) GRANTING, over the plaintiff's objection, the defendant's 95 Motion to Enlarge Time to File Defendant's Motion for Summary Judgment. The defendant shall, by October 19, 2018, file any motion for summary judgment. The plaintiff shall, by December 20, 2018, file any opposition to the defendant's motion and any cross-motion for summary judgment. The defendant shall, by February 19, 2019, file any reply in support of its motion and any opposition to the plaintiff's cross-motion for summary judgment. The plaintiff shall, by April 18, 2019, file any reply in support of its cross-motion. Signed by Chief Judge Beryl A. Howell on October 12, 2018. (lcbah3) (Entered: 10/12/2018)
2018-10-12Set/Reset Deadlines: Defendant's motion for summary judgment due by 10/19/2018. Plaintiff's opposition to Defendant's motion and cross-motion for summary judgment due by 12/20/2018. Defendant's reply in support of its motion for summary judgment and any opposition to Plaintiff's cross-motion due by 2/19/2019. Plaintiff's reply in support of its cross-motion due by 4/18/2019. (hmc) (Entered: 10/12/2018)
2018-10-1996Final MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 10/19/2018)
2018-10-22MINUTE ORDER (paperless) GRANTING, nunc pro tunc , over the plaintiff's objection, the defendant's 96 Motion to Enlarge Time to File Defendant's Motion for Summary Judgment. Accordingly, the defendant's deadline for filing any motion for summary judgment is enlarged by a single business day. The defendant shall, by October 22, 2018, file any motion for summary judgment. The plaintiff shall, by December 24, 2018, file any opposition to the defendant's motion and any cross-motion for summary judgment. All other deadlines remain as specified by the Court's Order of October 12, 2018. Signed by Chief Judge Beryl A. Howell on October 22, 2018. (lcbah4) (Entered: 10/22/2018)
2018-10-22Set/Reset Deadlines: Defendant's motion for summary judgment due by 10/22/2018; plaintiff's cross-motion and opposition to motion for summary judgment due by 12/24/2018. (tg) (Entered: 10/22/2018)
2018-10-2297MOTION for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Attachment 1, # 4 Exhibit Exhibit A, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Declaration Attachment 2, # 12 Exhibit Exhibit A, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit)(Adebonojo, Kenneth) (Entered: 10/22/2018)
2018-12-1998Consent MOTION for Extension of Time to File Response/Reply as to 97 MOTION for Summary Judgment and Cross-Motion for Summary Judgment by RYAN NOAH SHAPIRO (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 12/19/2018)
2018-12-19MINUTE ORDER (paperless) GRANTING the plaintiff's unopposed 98 Motion for Extension of Time to File Opposition to the Defendant's Motion for Summary Judgment and Cross-Motion for Summary Judgment. Accordingly, the plaintiff shall, by January 22, 2019, file any opposition to the defendant's motion for summary judgment and any cross-motion for summary judgment. The defendant shall, by March 19, 2019, file any reply in support of its motion and any opposition to the plaintiff's cross-motion for summary judgment. The plaintiff shall, by May 20, 2019, file any reply in support of its cross-motion. Signed by Chief Judge Beryl A. Howell on December 19, 2018. (lcbah4) (Entered: 12/19/2018)
2018-12-20Set/Reset Deadlines: Cross-Motion and Opposition to Motion for Summary Judgment due by 1/22/2019; Opposition to Cross-Motion and Reply to Opposition to Motion for Summary Judgment due by 3/19/2019; Reply to Opposition to Cross Motion due by 5/20/2019. (tg) (Entered: 12/20/2018)
2019-01-1899Unopposed MOTION for Extension of Time to File Response/Reply as to 97 MOTION for Summary Judgment by RYAN NOAH SHAPIRO (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 01/18/2019)
2019-01-22MINUTE ORDER (paperless) GRANTING the plaintiff's unopposed 99 Motion for Extension of Time to File Opposition to the Defendant's Motion for Summary Judgment and Cross-Motion for Summary Judgment. Accordingly, the plaintiff shall, by February 25, 2019, file any opposition to the defendant's motion for summary judgment and any cross-motion for summary judgment. The defendant shall, by April 22, 2019, file any reply in support of its motion and any opposition to the plaintiff's cross-motion for summary judgment. The plaintiff shall, by June 21, 2019, file any reply in support of its cross-motion. Signed by Chief Judge Beryl A. Howell on January 22, 2019. (lcbah4) (Entered: 01/22/2019)
2019-01-22Set/Reset Deadlines: Cross-Motion and Opposition to Motion for Summary Judgment due by 2/25/2019; Opposition to Cross-Motion and Reply to Opposition to Motion for Summary Judgment due by 4/22/2019; Reply to Opposition to Cross Motion due by 6/21/2019. (tg) (Entered: 01/22/2019)
2019-02-21100Consent MOTION for Extension of Time to File Response/Reply as to 97 MOTION for Summary Judgment by RYAN NOAH SHAPIRO (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 02/21/2019)
2019-02-22MINUTE ORDER (paperless) GRANTING the plaintiff's unopposed 100 Motion for a One-Day Extension of Time to File Opposition to the Defendant's Motion for Summary Judgment and Cross-Motion for Summary Judgment. Accordingly, the plaintiff shall, by February 26, 2019, file any opposition to the defendant's motion for summary judgment and any cross-motion for summary judgment. The defendant shall, by April 23, 2019, file any reply in support of its motion and any opposition to the plaintiff's cross-motion for summary judgment. The previously scheduled June 21, 2019 deadline for the plaintiff to file any reply remains the same. Signed by Chief Judge Beryl A. Howell on February 22, 2019. (lcbah4) (Entered: 02/22/2019)
2019-02-22Set/Reset Deadlines: Plaintiff's cross-motion and opposition to motion for summary judgment due by 2/26/2019; defendant's opposition to cross-motion and reply to opposition to motion for summary judgment due by 4/23/2019; plaintiff's reply to opposition to cross Motion due by 6/21/2019. (tg) (Entered: 02/22/2019)
2019-02-26101Consent MOTION for Extension of Time to File Response/Reply as to 97 MOTION for Summary Judgment by RYAN NOAH SHAPIRO (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 02/26/2019)
2019-02-27MINUTE ORDER (paperless) GRANTING the plaintiff's 101 Consent Motion for Extension of Time to File Opposition to the Defendant's Motion for Summary Judgment and Cross-Motion for Summary Judgment. Accordingly, the plaintiff shall, by February 27, 2019, file any opposition to the defendant's motion for summary judgment and any cross-motion for summary judgment. The defendant shall, by April 24, 2019, file any reply in support of its motion and any opposition to the plaintiff's cross-motion for summary judgment. The previously scheduled June 21, 2019 deadline for the plaintiff to file any reply remains the same. Signed by Chief Judge Beryl A. Howell on February 27, 2019. (lcbah4) (Entered: 02/27/2019)
2019-02-27Set/Reset Deadlines: Plaintiff's Cross-Motion and Opposition to Motion for Summary Judgment due by 2/27/2019; Defendant's Opposition to Cross-Motion and Reply to Opposition to Motion for Summary Judgment due by 4/24/2019; Plaintiff's Reply to Opposition to Cross Motion remains due by 6/21/2019. (tg) (Entered: 02/27/2019)
2019-02-27102MOTION for Discovery pursuant to Rule 56(d) by RYAN NOAH SHAPIRO (Attachments: # 1 Exhibit 1-8, # 2 Declaration Jeffrey Light)(Light, Jeffrey) (Entered: 02/27/2019)
2019-02-27103Consent MOTION for Leave to File Excess Pages by RYAN NOAH SHAPIRO (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 02/27/2019)
2019-02-27104Memorandum in opposition to re 97 MOTION for Summary Judgment filed by RYAN NOAH SHAPIRO. (Attachments: # 1 Exhibit 1-10, # 2 Exhibit 11-20, # 3 Exhibit 21-30, # 4 Exhibit 31-40, # 5 Exhibit 41-50, # 6 Supplement Addendum, # 7 Statement of Facts, # 8 Text of Proposed Order)(Light, Jeffrey) (Entered: 02/27/2019)
2019-02-27105Cross MOTION for Summary Judgment by RYAN NOAH SHAPIRO (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Supplement Addendum, # 8 Statement of Facts, # 9 Text of Proposed Order)(Light, Jeffrey) (Entered: 02/28/2019)
2019-02-28MINUTE ORDER (paperless) GRANTING the plaintiff's 103 Consent Motion for Leave to Exceed Page Limit in plaintiff's Opposition to the Defendant's Motion for Summary Judgment and Cross-Motion for Summary Judgment. Accordingly, the plaintiff's 104 Opposition to the Defendant's Motion for Summary Judgment and 105 Cross-Motion for Summary Judgment have been properly filed with the Court. Signed by Chief Judge Beryl A. Howell on February 28, 2019. (lcbah4) (Entered: 02/28/2019)
2019-03-15MINUTE ORDER (paperless) ORDERING the defendant to include, in its reply in support of its motion for summary judgment and opposition to the plaintiff's motion for summary judgment due by April 24, 2019, see Min. Order (Feb. 27, 2019), any response to the plaintiff's 102 Motion for Discovery Pursuant to Rule 56(d). Signed by Chief Judge Beryl A. Howell on March 15, 2019. (lcbah4) (Entered: 03/15/2019)
2019-04-24106Consent MOTION for Extension of Time to File Defendant's Opposition to Plaintiff's Cross-Motion for Summary Judgment and Motion for Discovery and Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 04/24/2019)
2019-04-25MINUTE ORDER (paperless) GRANTING the defendant's unopposed 106 Motion to Enlarge Time to File Defendant's Opposition to Plaintiff's Cross-Motion for Summary Judgment and Motion for Discovery and Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment. Accordingly, the defendant shall, by June 7, 2019, file any reply in support of its 97 Motion for Summary Judgment, any opposition to the plaintiff's 105 Cross-Motion for Summary Judgment, and any opposition to the plaintiff's 102 Motion for Discovery Pursuant to Rule 56(d). The plaintiff shall, by July 22, 2019, file any reply in support of the plaintiff's Cross-Motion for Summary Judgment and any reply in support of the plaintiff's Motion for Discovery Pursuant to Rule 56(d). Signed by Chief Judge Beryl A. Howell on April 25, 2019. (lcbah4) (Entered: 04/25/2019)
2019-04-26Set/Reset Deadlines: Defendant's Opposition to Cross-Motion for Summary Judgment and Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment, and any Opposition to Plaintiff's Motion for Discovery due by 6/7/2019 ; Plaintiff's Reply to Defendant's Opposition to Cross-Motion for Summary Judgment and Reply to Defendant's Opposition to Motion for Discovery due by 7/22/2019. (tg) Modified on 4/26/2019 (tg). (Entered: 04/26/2019)
2019-06-06107Unopposed MOTION for Extension of Time to File Defendants' Opposition to Plaintiff's Cross-Motion for Summary Judgment and Motion for Discovery and Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 06/06/2019)
2019-06-07MINUTE ORDER (paperless) GRANTING the defendant's unopposed 107 Motion to Enlarge Time to File Defendant's Opposition to Plaintiff's Cross-Motion for Summary Judgment and Motion for Discovery and Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment. Accordingly, the defendant shall, by July 5, 2019, file any reply in support of its 97 Motion for Summary Judgment, any opposition to the plaintiff's 105 Cross-Motion for Summary Judgment, and any opposition to the plaintiff's 102 Motion for Discovery Pursuant to Rule 56(d), if such motion has not been withdrawn in light of the defendant's production of additional records. The plaintiff shall, by August 26, 2019, file any reply in support of the plaintiff's Cross-Motion for Summary Judgment and any reply in support of the plaintiff's Motion for Discovery Pursuant to Rule 56(d), if such motion has not been withdrawn. Signed by Chief Judge Beryl A. Howell on June 7, 2019. (lcbah4) (Entered: 06/07/2019)
2019-06-07Set/Reset Deadlines: Defendant's Opposition to Cross-Motion for Summary Judgment and Motion for Discovery, and Reply in Support of Motion for Summary Judgment due by 7/5/2019; Plaintiff's Reply in Support of Cross-Motion for Summary Judgment and Reply in Support of Motion for Discovery due by 8/26/2019. (tg) (Entered: 06/07/2019)
2019-07-02108Consent MOTION for Extension of Time to File Defendant's Opposition to Plaintiff's Cross Motion for Summary Judgment and Motion for Discovery and Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 07/02/2019)
2019-07-03MINUTE ORDER (paperless) GRANTING the defendant's 108 Consent Motion to Enlarge Time to File Defendant's Opposition to Plaintiff's Cross-Motion for Summary Judgment and Motion for Discovery and Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment. Accordingly, the defendant shall, by July 23, 2019, file any reply in support of its 97 Motion for Summary Judgment, any opposition to the plaintiff's 105 Cross-Motion for Summary Judgment, and any opposition to the plaintiff's 102 Motion for Discovery Pursuant to Rule 56(d), if such motion has not been withdrawn in light of the defendant's production of additional records. The plaintiff shall, by September 13, 2019, file any reply in support of the plaintiff's Cross-Motion for Summary Judgment and any reply in support of the plaintiff's Motion for Discovery Pursuant to Rule 56(d), if such motion has not been withdrawn. Signed by Chief Judge Beryl A. Howell on July 3, 2019. (lcbah4) (Entered: 07/03/2019)
2019-07-03Set/Reset Deadlines: Defendant's opposition to cross-motion and reply to opposition to motion for summary judgment, and any opposition to the plaintiff's Motion for Discovery Pursuant to Rule 56(d) due by 7/23/2019; plaintiff's reply to opposition to cross-motion and reply to opposition to Motion for Discovery Pursuant to Rule 56(d) due by 9/13/2019. (tg) (Entered: 07/03/2019)
2019-07-23109Consent MOTION for Extension of Time to FILE DEFENDANTS OPPOSITION TO PLAINTIFFS CROSS-MOTION FOR SUMMARY JUDGMENT AND MOTION FOR DISCOVERY AND REPLY TO PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 07/23/2019)
2019-07-24MINUTE ORDER (paperless) GRANTING the defendant's unopposed 109 Motion to Enlarge Time to File Defendant's Opposition to Plaintiff's Cross-Motion for Summary Judgment and Motion for Discovery and Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment. Accordingly, the defendant shall, by August 2, 2019, file any reply in support of its 97 Motion for Summary Judgment, any opposition to the plaintiff's 105 Cross-Motion for Summary Judgment, and any opposition to the plaintiff's 102 Motion for Discovery Pursuant to Rule 56(d), if such motion has not been withdrawn in light of the defendant's production of additional records. The plaintiff shall, by September 23, 2019, file any reply in support of the plaintiff's Cross-Motion for Summary Judgment and any reply in support of the plaintiff's Motion for Discovery Pursuant to Rule 56(d), if such motion has not been withdrawn. Signed by Chief Judge Beryl A. Howell on July 24, 2019. (lcbah4) (Entered: 07/24/2019)
2019-07-24Set/Reset Deadlines: Defendant's reply in support to its motion for Summary Judgment, opposition, if any, to plaintiff's cross-motion for summary judgment and motion for discovery pursuant to Rule 56(d) due by 8/2/2019; plaintiff's reply, if any, in support of its cross-motion for summary judgment and reply in support of its motion for discovery pursuant to Rule 56(d) due by 9/23/2019. (tg) (Entered: 07/24/2019)
2019-08-02110MOTION for Leave to File (Defendant's Motion for Leave to Submit Declaration Under Seal and Ex Parte, In Camera in Support of Opposition to Cross Motion for Summary Judgment and Reply to Opposition to Defendant's Motion for Summary Judgment) by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Adebonojo, Kenneth) (Entered: 08/02/2019)
2019-08-02111SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by DEPARTMENT OF JUSTICE (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Declaration (Seventeenth Declaration of David M. Hardy), # 2 Text of Proposed Order)(Adebonojo, Kenneth) (Entered: 08/02/2019)
2019-08-02112MOTION for Extension of Time to File Defendant's Opposition to Plaintiff's Cross Motion and Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 08/02/2019)
2019-08-05MINUTE ORDER (paperless) GRANTING the defendant's 112 Motion to Enlarge Time to File Defendant's Opposition to Plaintiff's Cross-Motion for Summary Judgment and Motion for Discovery and Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment, which the Court deems conceded because the plaintiff did not file any opposition to the motion within the time frames specified in the Court's Standing Order, see 3 Standing Order ¶ 7(c). Accordingly, the defendant shall, by August 5, 2019, file any reply in support of its 97 Motion for Summary Judgment, any opposition to the plaintiff's 105 Cross-Motion for Summary Judgment, and any opposition to the plaintiff's 102 Motion for Discovery Pursuant to Rule 56(d), if such motion has not been withdrawn in light of the defendant's production of additional records. The plaintiff shall, by September 26, 2019, file any reply in support of the plaintiff's Cross-Motion for Summary Judgment and any reply in support of the plaintiff's Motion for Discovery Pursuant to Rule 56(d), if such motion has not been withdrawn. Signed by Chief Judge Beryl A. Howell on August 5, 2019. (lcbah4) (Entered: 08/05/2019)
2019-08-05113Memorandum in opposition to re 105 Cross MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration David M. Hardy, Esq., # 2 Exhibit A to Hardy Declaration, # 3 Exhibit B to Hardy Declaration, # 4 Exhibit B to Opposition/Reply)(Adebonojo, Kenneth) (Entered: 08/05/2019)
2019-08-05114Memorandum in opposition to re 102 MOTION for Discovery pursuant to Rule 56(d) filed by DEPARTMENT OF JUSTICE. (Adebonojo, Kenneth) (Entered: 08/05/2019)
2019-08-05115REPLY to opposition to motion re 97 MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE. (Adebonojo, Kenneth) (Entered: 08/05/2019)
2019-08-06Set/Reset Deadlines: Plaintiff's Reply in Support of Plaintiff's Cross-Motion for Summary Judgment and Reply in Support of Plaintiff's Motion for Discovery Pursuant to Rule 56(d) due by 9/26/2019. (tg) (Entered: 08/06/2019)
2019-08-06116SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by DEPARTMENT OF JUSTICE (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(Adebonojo, Kenneth) (Entered: 08/06/2019)
2019-08-07MINUTE ORDER (paperless) GRANTING the defendant's unopposed 116 Motion for Leave to File Under Seal, for the reasons set forth in the motion; and FURTHER ORDERING the defendant to file, by August 9, 2019, a version of its 113 Memorandum in Opposition to Plaintiff's Cross-Motion for Summary Judgment that is publicly accessible on the docket. Signed by Chief Judge Beryl A. Howell on August 7, 2019. (lcbah4) (Entered: 08/07/2019)
2019-08-07Set/Reset Deadlines: Defendant's public version of 113 Memorandum in Opposition to Plaintiff's Cross-Motion for Summary Judgment due by 8/9/2019. (tg) (Entered: 08/07/2019)
2019-08-07117SEALED Exhibits A and B filed by DEPARTMENT OF JUSTICE. (This document is SEALED and only available to authorized persons.)(zrdj) (Entered: 08/09/2019)
2019-08-13118NOTICE of Filing Redacted Exhibits by DEPARTMENT OF JUSTICE re 117 Sealed Document (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Adebonojo, Kenneth) (Entered: 08/13/2019)
2019-09-25119Consent MOTION for Extension of Time to File Response/Reply as to 105 Cross MOTION for Summary Judgment , 102 MOTION for Discovery pursuant to Rule 56(d) by RYAN NOAH SHAPIRO (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 09/25/2019)
2019-09-25MINUTE ORDER (paperless) GRANTING the plaintiff's 119 Consent Motion for Extension of Time. Accordingly, the plaintiff shall, by October 24, 2019, file any reply in support of the plaintiff's 105 Cross-Motion for Summary Judgment and any reply in support of the plaintiff's 102 Motion for Discovery Pursuant to Rule 56(d), if such motion has not been withdrawn. It is further ORDERED that this case is administratively STAYED until October 24, 2019, when the pending motions are fully briefed and are ripe for consideration by the Court. Signed by Chief Judge Beryl A. Howell on September 25, 2019. (lcbah4) (Entered: 09/25/2019)
2019-09-25Set/Reset Deadlines: Plaintiff's reply in support of his cross-motion for summary judgment and his motion for discovery pursuant to Rule 56(d) due by 10/24/2019. (tg) (Entered: 09/25/2019)
2019-09-25Case Stayed until October 24, 2019. (tg) (Entered: 09/25/2019)
2019-10-22120Consent MOTION for Extension of Time to File Response/Reply as to 105 Cross MOTION for Summary Judgment , 102 MOTION for Discovery pursuant to Rule 56(d) by RYAN NOAH SHAPIRO (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 10/22/2019)
2019-10-23MINUTE ORDER (paperless) GRANTING the plaintiff's 120 Consent Motion for Extension of Time. Accordingly, the plaintiff shall, by November 28, 2019, file any reply in support of the plaintiff's 105 Cross-Motion for Summary Judgment and any reply in support of the plaintiff's 102 Motion for Discovery Pursuant to Rule 56(d), if such motion has not been withdrawn. Signed by Chief Judge Beryl A. Howell on October 23, 2019. (lcbah4) (Entered: 10/23/2019)
2019-10-23Set/Reset Deadlines: Plaintiff's reply in support of the 105 Cross-Motion for Summary Judgment due by 11/28/2019; Plaintiff's reply in support of the 102 Motion for Discovery Pursuant to Rule 56(d) due by 11/28/2019, if such motion has not been withdrawn. (tg) (Entered: 10/23/2019)
2019-11-27121Consent MOTION for Extension of Time to File Response/Reply as to 105 Cross MOTION for Summary Judgment , 102 MOTION for Discovery pursuant to Rule 56(d) by RYAN NOAH SHAPIRO (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 11/27/2019)
2019-11-27MINUTE ORDER (paperless) GRANTING the plaintiff's 121 Consent Motion for Extension of Time. Accordingly, the plaintiff shall, by December 5, 2019, file any reply in support of the plaintiff's 105 Cross-Motion for Summary Judgment and any reply in support of the plaintiff's 102 Motion for Discovery Pursuant to Rule 56(d), if such motion has not been withdrawn. Signed by Chief Judge Beryl A. Howell on November 27, 2019. (lcbah4) (Entered: 11/27/2019)
2019-12-02Set/Reset Deadlines: Plaintiff's reply in support of its Cross-Motion and reply in support of its Motion for Discovery due by 12/5/2019. (hmc) (Entered: 12/02/2019)
2019-12-05122Consent MOTION for Extension of Time to File Response/Reply as to 105 Cross MOTION for Summary Judgment , 102 MOTION for Discovery pursuant to Rule 56(d) by RYAN NOAH SHAPIRO (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 12/05/2019)
2019-12-06123REPLY to opposition to motion re 102 MOTION for Discovery pursuant to Rule 56(d) filed by RYAN NOAH SHAPIRO. (Attachments: # 1 Exhibit 1-2)(Light, Jeffrey) (Entered: 12/06/2019)
2019-12-06124Consent MOTION for Leave to File Excess Pages with respect to Plaintiff's Reply in Support of his Cross-Motion for Summary Judgment by RYAN NOAH SHAPIRO (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 12/06/2019)
2019-12-06125REPLY to opposition to motion re 105 Cross MOTION for Summary Judgment filed by RYAN NOAH SHAPIRO. (Attachments: # 1 Exhibit 1-3)(Light, Jeffrey) (Entered: 12/06/2019)
2019-12-06MINUTE ORDER (paperless) GRANTING the plaintiff's 122 Consent Motion for Extension of Time and further GRANTING the plaintiff's 124 Consent Motion for Leave to Exceed Page Limit. Accordingly, the plaintiff's 125 Reply in Support of his 105 Cross-Motion for Summary Judgment and his 123 Reply in Support of his 102 Motion for Discovery Pursuant to Rule 56(d), which were filed on December 6, 2019, are deemed timely filed. Moreover, the plaintiff's 125 Reply in Support of his 105 Cross-Motion for Summary Judgment, which exceeds the 25-page limit for reply memoranda, see D.D.C. Civ. R. 7(e), is deemed properly filed. Signed by Chief Judge Beryl A. Howell on December 6, 2019. (lcbah4) (Entered: 12/06/2019)
2020-07-02126ORDER GRANTING in part and DENYING in part defendant's 97 Motion for Summary Judgment, DENYING plaintiff's 102 Request for Discovery Pursuant to Rule 56(d), and further DENYING plaintiff's 105 Cross-Motion for Summary Judgment. See Order for further details. Signed by Chief Judge Beryl A. Howell on July 2, 2020. (lcbah4) (Entered: 07/02/2020)
2020-07-02127MEMORANDUM OPINION regarding defendant's 97 Motion for Summary Judgment, defendant's 102 Request for Discovery Pursuant to Rule 56(d), and defendant's 105 Cross-Motion for Summary Judgment. Signed by Chief Judge Beryl A. Howell on July 2, 2020. (lcbah4) (Entered: 07/02/2020)
2020-07-30128MOTION for Reconsideration re 126 Order on Motion for Summary Judgment,, Order on Motion for Discovery,,, by RYAN NOAH SHAPIRO (Attachments: # 1 Declaration Ryan Noah Shapiro (Fifth))(Light, Jeffrey) (Entered: 07/30/2020)
2020-07-31VACATED PURSUANT TO MINUTE ORDER ENTERED ON 8/10/2020.....MINUTE ORDER (paperless) ENTERING the following SCHEDULING ORDER: 1) by August 14, 2020, the government shall file its response to plaintiff's 128 Motion for Reconsideration; 2) by August 17, 2020, plaintiff shall file his response to any renewed Motion for Summary Judgment filed by the government on August 3, 2020 pursuant to this Court's 126 Order (July 2, 2020); 3) by August 21, 2020, plaintiff shall file any reply in support of his Motion for Reconsideration; 4) by August 24, 2020, the government shall file any reply in support of any renewed Motion for Summary Judgment. The parties are advised that, given the length of the pendency of this matter, no extensions will be granted. Signed by Chief Judge Beryl A. Howell on July 31, 2020. (lcbah4) Modified on 8/10/2020 (hmc). (Entered: 07/31/2020)
2020-07-31Set/Reset Deadlines: Government's response to plaintiff's 128 Motion due by 8/14/2020. Plaintiff's response to any renewed Motion for Summary Judgment due by 8/17/2020. Plaintiff's reply in support of his Motion for Reconsideration due by 8/21/2020. Government's reply in support of any renewed Motion for Summary Judgment due by 8/24/2020. (hmc) (Entered: 07/31/2020)
2020-08-03129MOTION for Extension of Time to File Defendant's Renewed Motion for Summary Judgment by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 08/03/2020)
2020-08-03MINUTE ORDER (paperless) DENYING, without prejudice, Defendant's untimely 129 Motion to Enlarge Time to File Defendant's Renewed Motion for Summary Judgment, and further DIRECTING defendant to file, by 5:00 PM on August 7, 2020, any renewed motion to enlarge time, unless its renewed motion for summary judgment is filed by that time. Any renewed motion shall be accompanied by a full explanation of the following: 1) what steps were taken to meet the August 3, 2020 deadline for defendant's renewed motion for summary judgment, which deadline has been in effect for over four weeks; 2) why the requested extension of almost one month is necessary, given that the Bureau of Alcohol, Tobacco, Firearms and Explosives ("ATF") applied FOIA exemptions 3 and 4, the only exemptions still at issue, to only 27 documents comprising 62 pages, see ATF Vaughn Index, ECF No. 97-12; 3) why, despite any dip in productivity in ATF's handling of FOIA requests caused by the COVID-19 pandemic, this case cannot be prioritized given its imminent deadline; 4) why defendant's 129 Motion to Enlarge Time was not filed at least "4 days prior to the deadline the motion is seeking to extend" as required by the 3 Standing Order, see id. ¶ 7(a), and what "emergency" justifies "waive[r]" of that 4-day rule, id. at 4 n.3; and 5) what was meant by the assertion that "this is Defendant's first request for an enlargement," when, with respect to defendant's deadline to file its initial motion for summary judgment alone, defendant was granted six deadline extensions, moving the deadline from June 13, 2018 to October 22, 2018, see Min. Order (June 13, 2018); Min. Order (July 27, 2020); Min. Order (Sept. 5, 2018); Min. Order (Oct. 4, 2018); Min. Order (Oct. 12, 2018); Min. Order (Oct. 22, 2018). Signed by Chief Judge Beryl A. Howell on August 3, 2020. (lcbah4) (Entered: 08/03/2020)
2020-08-04Set/Reset Deadlines: Defendant's renewed motion due by 5:00 PM on 8/7/2020. (hmc) (Entered: 08/04/2020)
2020-08-07130MOTION for Extension of Time to (Renewed) to File Defendant's Renewed Motion for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration Adam C. Siple)(Adebonojo, Kenneth) (Entered: 08/07/2020)
2020-08-10MINUTE ORDER (paperless) GRANTING defendant's 130 Renewed Motion to Enlarge Time to File Defendant's Renewed Motion for Summary Judgment in light of the current inaccessibility to the Bureau of Alcohol, Tobacco and Firearms (ATF) of the records at issue for either review or production to reach a resolution of this case, see [130-1] ATF Decl. ¶ 5; VACATING the SCHEDULING ORDER entered on July 31, 2020; and ENTERING the following SCHEDULING ORDER: 1) by August 14, 2020, the government shall file its response to plaintiff's 128 Motion for Reconsideration; 2) by August 21, 2020, plaintiff shall file any reply in support of his Motion for Reconsideration; 3) by August 26, 2020, the government shall file any renewed motion for summary judgment; 4) by September 9, 2020, plaintiff shall file his response to any renewed motion for summary judgment and any cross-motion for summary judgment; 5) by September 23, 2020, the government shall file its opposition to any cross-motion for summary judgment and its reply in support of any renewed motion for summary judgment; and 6) by September 30, 2020, plaintiff shall file his reply in support of any cross-motion for summary judgment. Signed by Chief Judge Beryl A. Howell on August 10, 2020. (lcbah4) (Entered: 08/10/2020)
2020-08-10Set/Reset Deadlines: Government's response to plaintiff's Motion for Reconsideration due by 8/14/2020. Plaintiff's reply due by 8/21/2020. Government's renewed motion for summary judgment due by 8/26/2020. Plaintiff's response to any renewed motion for summary judgment and any cross-motion for summary judgment due by 9/9/2020. Government's opposition to any cross-motion for summary judgment and its reply in support of any renewed motion for summary judgment due by 9/23/2020. Plaintiff's reply in support of any cross-motion due by 9/30/2020. (hmc) (Entered: 08/10/2020)
2020-08-14131Memorandum in opposition to re 128 MOTION for Reconsideration re 126 Order on Motion for Summary Judgment,, Order on Motion for Discovery,,, filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration Michael G. Seidel)(Adebonojo, Kenneth) (Entered: 08/14/2020)
2020-08-21132REPLY to opposition to motion re 128 MOTION for Reconsideration re 126 Order on Motion for Summary Judgment,, Order on Motion for Discovery,,, filed by RYAN NOAH SHAPIRO. (Attachments: # 1 Exhibit 1, # 2 Declaration Ryan Noah Shapiro (Sixth))(Light, Jeffrey) (Entered: 08/21/2020)
2020-08-26133NOTICE of Release of Records Withheld Pursuant to Exemptions 3 and 4 in Lieu of Renewed Motion for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Exhibit A)(Adebonojo, Kenneth) (Entered: 08/26/2020)
2020-09-03MINUTE ORDER (paperless) DIRECTING the government to respond, by September 10, 2020, to plaintiff's contention that, despite the government's assertion that "[n]o names of any individual for whom Plaintiff provided a privacy waiver were withheld pursuant to Exemption Categories 6/7(C)-2 and -5 on the 22 pages challenged by Plaintiff," 131 Def.'s Opp'n to Pl.'s Mot. for Reconsideration at 1, pages Shapiro-29237–38, submitted as [132-1] Exhibit 1 to Pl.'s Reply Supp. Pl.'s Mot. for Reconsideration, reflect that the name of Chris DeRose, an individual for whom plaintiff says he submitted a privacy waiver, was redacted on page Shapiro-29237, and DIRECTING plaintiff, by September 10, 2020, to explain what evidence he possesses, other than the alleged error on page Shapiro-29237, showing to be incorrect the government's assertion that no names of any individual for whom a privacy waiver was submitted were withheld. Signed by Chief Judge Beryl A. Howell on September 3, 2020. (lcbah4) (Entered: 09/03/2020)
2020-09-03Set/Reset Deadlines: Response to Order of the Court due by 9/10/2020. (ztg) (Entered: 09/03/2020)
2020-09-09134RESPONSE TO ORDER OF THE COURT re Order,,,, filed by RYAN NOAH SHAPIRO. (Attachments: # 1 Exhibit 1-8, # 2 Declaration Ryan Noah Shapiro (Seventh))(Light, Jeffrey) (Entered: 09/09/2020)
2020-09-10135RESPONSE TO ORDER OF THE COURT re Order,,,, filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration of Michael Seidel (Second))(Adebonojo, Kenneth) (Entered: 09/10/2020)
2020-09-10136MOTION for Extension of Time to File an Ex Parte In Camera Declaration and Exhibit(s) in Response to the Court's Order by DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 09/10/2020)
2020-09-11MINUTE ORDER (paperless) GRANTING, over plaintiff's objection, defendant's 136 Motion to Enlarge Time to File Defendant's Ex Parte In Camera Declaration in Response to Order of the Court, and DIRECTING defendant to file any ex parte in camera declaration by September 11, 2020. Signed by Chief Judge Beryl A. Howell on September 11, 2020. (lcbah4) (Entered: 09/11/2020)
2020-09-11137MOTION for Leave to File (Defendant's Motion for Leave to Submit an Ex Parte, In Camera Declaration and Memorandum in Support Thereof) by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Adebonojo, Kenneth) (Entered: 09/11/2020)
2020-09-11MINUTE ORDER (paperless) GRANTING, over plaintiff's objection, 137 Defendant's Motion for Leave to Submit an Ex Parte , In Camera Declaration and DIRECTING defendant to file any ex parte in camera declaration by September 11, 2020. Signed by Chief Judge Beryl A. Howell on September 11, 2020. (lcbah4) (Entered: 09/11/2020)
2020-10-08138MEMORANDUM OPINION AND ORDER DENYING plaintiff's 128 Motion for Reconsideration and further GRANTING defendant summary judgment in all respects. See Order for further details. Signed by Chief Judge Beryl A. Howell on October 8, 2020. (lcbah4) (Entered: 10/08/2020)
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