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Case TitleCLEMENTE v. FEDERAL BUREAU OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2008cv01252
Date Filed2008-07-21
Date Closed2016-02-02
JudgeJudge Barbara Jacobs Rothstein
PlaintiffANGELA CLEMENTE
DefendantFEDERAL BUREAU OF JUSTICE
DefendantU.S. DEPARTMENT OF JUSTICE
DefendantJOHN DOE AGENCIES 1-10
AppealD.C. Circuit 16-5067
AppealD.C. Circuit 18-5095
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [41]
Opinion/Order [42]
Opinion/Order [81]
FOIA Project Annotation: Judge Barbara Rothstein ruled that while the FBI conducted an adequate search for records concerning Gregory Scarpa, Jr, a high-ranking Mafia member who served as an FBI informant, it still has not yet shown that certain records withheld under Exemption 7(C) (invasion of privacy concerning law enforcement records) qualify for protection. Rejecting Angela Clemente's renewed arguments concerning the adequacy of the agency's search, Rothstein pointed out that "Plaintiff's arguments regarding the adequacy of the FBI's search have been addressed on three separate occasions�"Judge Friedman addressed the arguments twice, this district court once." She added that "Plaintiff raises the same arguments that this Court has thrice addressed and rejected; the Court declines to address those arguments yet again." Friedman had previously questioned whether the FBI had properly assessed whether the privacy expectations of some individuals had been diminished by their deaths. Clemente argued particularly that the fact that the name of former FBI Assistant Director John Mohr did not show up in the records cast doubt on all the agency's withholdings. But Rothstein noted the agency had finally provided supplemental declarations explaining that the names of neither Mohr nor Cartha DeLoach were redacted from the records. Rothstein indicated that "unless this Court disregards the FBI's sworn testimony, something this Court is not prepared to do, it must assume that Assistant Director Mohr's name is not included in the records. Accordingly, the Court finds that this particular criticism of the FBI's efforts to ascertain the life status of the individuals identified in the records is unfounded." Focusing on a handful of documents, Rothstein found that some of the agency's claims were still unsupported. As to one FBI employee's identity, she noted that "given the facts of this particular FOIA request�"namely that Plaintiff implicates FBI agents in wrongdoing and that the document in question dates back to 1965�"this Court finds that the public's interest in disclosure outweighs the FBI agent's privacy interest." Addressing Clemente's claim that redactions were too extensive in another document, Rothstein observed that "the following redacted section [relating a story] takes up nearly two-thirds of the page, suggesting that the redacted section contains more information than simply names and other identifying information. . .In addition, given that the events in the story took place sometime before at least January 1971, suggesting that the individuals involved in the story may be dead, the FBI is further instructed to confirm the life status of the individual(s) who are the subject of the story. . ." Clemente claimed that withholdings under Exemption 7(E) (investigative methods and techniques) were outdated. The agency claimed one technique was still effectively being used in current investigations. Accepting the claim, Rothstein pointed out that "although the FBI does not directly state that the techniques are not publicly known, the Court infers that they are not, otherwise the techniques could not be 'effectively used' by the FBI in 'current investigations' This is sufficient to satisfy the FBI's burden of proof under Exemption 7(E)."
Issues: Exemption 7(E) - Unknown to public, Exemption 7(C) - Invasion of privacy concerning law enforcement records, Adequacy - Search, Litigation - Segregability analysis
Opinion/Order [121]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2008-07-211COMPLAINT against FEDERAL BUREAU OF JUSTICE, U.S. DEPARTMENT OF JUSTICE, JOHN DOE AGENCIES 1-10 ( Filing fee $ 350, receipt number 4616013807) filed by ANGELA CLEMENTE. (Attachments: # 1 Exhibit 1-4, # 2 Civil Cover Sheet)(tr) (Entered: 07/22/2008)
2008-07-21Summons Issued (3) as to FEDERAL BUREAU OF JUSTICE, U.S. DEPARTMENT OF JUSTICE, JOHN DOE AGENCIES 1-10. (tr) (Entered: 07/22/2008)
2008-07-222WITHDRAWN PURSUANT TO NOTICE OF WITHDRAWAL OF MOTION FILED 12/5/2008.....MOTION for Leave to File Complaint Using Post Office Address by ANGELA CLEMENTE (Lesar, James) Modified on 12/8/2008 (mm). (Entered: 07/22/2008)
2008-08-203MOTION for Extension of Time to File Answer or Otherwise Respond to the Complaint by FEDERAL BUREAU OF JUSTICE, U.S. DEPARTMENT OF JUSTICE, JOHN DOE AGENCIES 1-10 (Natiello, Christian) (Entered: 08/20/2008)
2008-08-204AMENDED COMPLAINT against FEDERAL BUREAU OF JUSTICE, U.S. DEPARTMENT OF JUSTICE, JOHN DOE AGENCIES 1-10 filed by ANGELA CLEMENTE. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(td, ) (Entered: 08/22/2008)
2008-08-265ORDER that defendant shall file a dispositive motion on or before September 22, 2008. Signed by Judge Paul L. Friedman on August 26, 2008. (MA) (Entered: 08/26/2008)
2008-08-266ORDER granting in part and denying in part 3 Motion for Extension of Time to Answer. Defendant shall file a dispositive motion on or before September 22, 2008. Signed by Judge Paul L. Friedman on August 26, 2008. (MA) (Entered: 08/26/2008)
2008-08-26Set/Reset Deadlines: Dispositive Motions due by 9/22/2008. (mm) (Entered: 08/28/2008)
2008-09-177MOTION for Extension of Time to File a Motion for Summary Judgment by FEDERAL BUREAU OF JUSTICE, U.S. DEPARTMENT OF JUSTICE, JOHN DOE AGENCIES 1-10 (Natiello, Christian) (Entered: 09/17/2008)
2008-09-24ORDER Defendants' motion for enlargement of time 7 is hereby GRANTED. Defendants' motion for summary judgment is due on or before October 22, 2008. Signed by Judge Paul L. Friedman on 9/24/08. (lcplf1). (Entered: 09/24/2008)
2008-09-24Set/Reset Deadlines: Defendant's summary judgment motion due by 10/22/2008. (mm) (Entered: 09/25/2008)
2008-10-228MOTION for Extension of Time to file a Motion for Summary Judgment by FEDERAL BUREAU OF JUSTICE, U.S. DEPARTMENT OF JUSTICE, JOHN DOE AGENCIES 1-10 (Natiello, Christian) (Entered: 10/22/2008)
2008-10-239Memorandum in opposition to re 8 MOTION for Extension of Time to file a Motion for Summary Judgment filed by ANGELA CLEMENTE. (Lesar, James) (Entered: 10/23/2008)
2008-11-07MINUTE ORDER granting Defendants' Motion to Enlarge Time to File Their Motion for Summary Judgment 8 . Defendants' motion for summary judgment is due November 24, 2008. Signed by Judge Paul L. Friedman on November 7, 2008. (MA) (Entered: 11/07/2008)
2008-11-07Set/Reset Deadlines: Defendants' Summary Judgment Motion due by 11/24/2008. (mm) (Entered: 11/10/2008)
2008-11-2410MOTION for Summary Judgment by FEDERAL BUREAU OF JUSTICE, U.S. DEPARTMENT OF JUSTICE, JOHN DOE AGENCIES 1-10 (Attachments: # 1 Declaration of David M. Hardy, # 2 Exhibit A-H, # 3 Exhibit Clemente documents 1-50, # 4 Exhibit Clemente documents 51-100, # 5 Exhibit Clemente documents 101-150, # 6 Exhibit Clemente documents 151-200, # 7 Exhibit Clemente 201-250, # 8 Exhibit Clemente documents 251-300, # 9 Exhibit Clemente documents 301-350, # 10 Exhibit Clemente 351-400, # 11 Exhibit Clemente documents 401-450, # 12 Exhibit Clemente documents 451-500)(Natiello, Christian) (Entered: 11/24/2008)
2008-12-0511MOTION for Leave to File Supplemental Complaint by ANGELA CLEMENTE (Attachments: # 1 Exhibit Attachment 1--Judge Syder's Report, # 2 Supplement Suppllemental Complaint, # 3 Exhibit Exhibit 1--Clemente-FBI (080412), # 4 Exhibit Exhibit 2--Clemente-FBI (080521), # 5 Exhibit Hardy-Cemente (080609), # 6 Exhibit Exhibit 4--JHL-Hardy (080709), # 7 Exhibit Exhibit 5--JHL-Hardy (080818), # 8 Exhibit JHL-Hardy (080819), # 9 Exhibit Exhibit 7--Hardy-JHL (081010), # 10 Exhibit Exhibit 8--JHL-Pustay (081202), # 11 Exhibit Exhibit 9--JHL-Hardy (080709))(Lesar, James) (Entered: 12/05/2008)
2008-12-0512MOTION for Order Staying Proceeding with Respect to Defendants' Pemding Motion for Summary Judgment by ANGELA CLEMENTE (Lesar, James) (Entered: 12/05/2008)
2008-12-0513NOTICE of Withdrawal of Motion for Leave to Use Post Office Box on Complaint Rather than Residence by ANGELA CLEMENTE (Lesar, James) (Entered: 12/05/2008)
2008-12-2214Memorandum in opposition to re 11 MOTION for Leave to File Supplemental Complaint filed by FEDERAL BUREAU OF JUSTICE, U.S. DEPARTMENT OF JUSTICE, JOHN DOE AGENCIES 1-10. (Natiello, Christian) (Entered: 12/22/2008)
2008-12-3115REPLY to opposition to motion re 11 MOTION for Leave to File Supplemental Complaint filed by ANGELA CLEMENTE. (Lesar, James) (Entered: 12/31/2008)
2009-01-0816MEMORANDUM OPINION AND ORDER granting 11 plaintiff's motion for leave to file a supplemental complaint; denying 12 plaintiff's motion to stay proceedings as regards defendants' pending motion for summary judgment until after defendants file a supplemental motion for summary judgment. Signed by Judge Paul L. Friedman on January 8, 2009. (MA) (Entered: 01/08/2009)
2009-01-0817AMENDED COMPLAINT against FEDERAL BUREAU OF JUSTICE, U.S. DEPARTMENT OF JUSTICE, JOHN DOE AGENCIES 1-10 filed by ANGELA CLEMENTE.(td, ) (Entered: 01/09/2009)
2009-01-08Set/Reset Deadlines: Joint Report due by 1/30/2009. (mm) (Entered: 01/12/2009)
2009-01-3018NOTICE of Filing of Joint Status Report and Proposed Schedule by ANGELA CLEMENTE, FEDERAL BUREAU OF JUSTICE, U.S. DEPARTMENT OF JUSTICE, JOHN DOE AGENCIES 1-10 (Lesar, James) (Entered: 01/30/2009)
2009-02-04MINUTE ORDER: In light of the parties' joint proposed schedule, it is hereby ORDERED that: (1) plaintiff will respond to defendant's pending motion for summary judgment on or before March 3, 2009; (2) defendant will release the remaining documents responsive to plaintiff's July 9, 2008 request on or before April 17, 2009; and (3) the parties will submit supplemental memoranda regarding defendant's pending motion for summary judgment on or before May 18, 2009. Signed by Judge Paul L. Friedman on February 3, 2009. (MA) (Entered: 02/04/2009)
2009-02-04Set/Reset Deadlines: Release of Remaining Documents response to plaitniff's 7/9/08 request on or before 4/17/2009. Response to Pending Motion for Summary Judgment on or before 3/3/2009. Supplemental Memorandum on or before 5/18/2009. (mpt, ) (Entered: 02/04/2009)
2009-03-0219Unopposed MOTION for Extension of Time to respond to defendant's motion by ANGELA CLEMENTE (Lesar, James) (Entered: 03/02/2009)
2009-03-0520ORDER granting 19 Plaintiff's Unopposed Motion for Extension of Time to Respond to Motion for Summary Judgment. Ordered that plaintiff's response to defendant's motion for summary judgment shall be due on or before 3/10/2009. Signed by Judge Paul L. Friedman on 3/5/2009. (mm) (Entered: 03/06/2009)
2009-03-05Set/Reset Deadlines: Response to Motion for Summary Judgment due by 3/10/2009. (mm) (Entered: 03/06/2009)
2009-03-1021Unopposed MOTION for Extension of Time to Respond to Defendant's Motion for Summary Judgment by ANGELA CLEMENTE (Lesar, James) (Entered: 03/10/2009)
2009-03-1222ORDER granting 21 Unopposed Motion for One-Day Extension of Time to Respond to Defendant's Motion for Summary Judgment. Ordered that plaintiff's response to defendant's motion for summary judgment shall be due on or before 3/11/2009. Signed by Judge Paul L. Friedman on 3/11/2009. (mm) (Entered: 03/12/2009)
2009-03-1323Unopposed MOTION for Leave to File Cross-Motion for Summary Judgment Out-of-Time by ANGELA CLEMENTE (Attachments: # 1 Memorandum in Support Memoradum in Support of Plaintiff's Cross-Motion for Summary Judgment, # 2 Affidavit Clemene Declaration, # 3 Exhibit Exhibit 1, # 4 Exhibit Exhibit 2, # 5 Exhibit Exhibit 3, # 6 Exhibit Exhibit 4, # 7 Exhibit Exhibit 5, # 8 Exhibit Exhibit 6, # 9 Exhibit Exhibit 7, # 10 Exhibit Exhibit 8, # 11 Exhibit Exhibit 9, # 12 Exhibit Exhibit 10, # 13 Exhibit Exhibit 11, # 14 Exhibit Exhibit 12, # 15 Exhibit Exhibit 13, # 16 Exhibit Exhibit 14, # 17 Exhibit Exhibit 15, # 18 Exhibit Exhibit 16, # 19 Statement of Facts Local Rule 7.1(h) Statement, # 20 Motion for Leave to File Cross-Motion for Summary Judgment Out-of-Time)(Lesar, James) (Entered: 03/13/2009)
2009-03-1924ORDER granting 23 Plaintiff's Unopposed Motion for Leave to File Cross Motion for Summary Judgment Out of Time. Signed by Judge Paul L. Friedman on 3/19/2009. (mm) (Entered: 03/20/2009)
2009-03-1925Cross-MOTION for Summary Judgment; exhibits by ANGELA CLEMENTE; (See Docket Entry no. 23 to view document) (td, ) (Entered: 03/23/2009)
2009-03-2326Consent MOTION for Extension of Time to file a Reply by FEDERAL BUREAU OF JUSTICE, U.S. DEPARTMENT OF JUSTICE, JOHN DOE AGENCIES 1-10 (Natiello, Christian) (Entered: 03/23/2009)
2009-03-25MINUTE ORDER granting 26 defendants' consent motion for extension of time up to and including March 30, 2009 to file their reply in further support of their motion for summary judgment. Signed by Judge Paul L. Friedman on March 25, 2009. (MA) (Entered: 03/25/2009)
2009-03-25Set/Reset Deadlines: Reply in further support of motion for summary judgment due by 3/30/2009. (mm) (Entered: 03/30/2009)
2009-03-3027MOTION for Extension of Time to File a Reply by FEDERAL BUREAU OF JUSTICE, U.S. DEPARTMENT OF JUSTICE, JOHN DOE AGENCIES 1-10 (Natiello, Christian) (Entered: 03/30/2009)
2009-04-01MINUTE ORDER granting 27 defendants' motion for extension of time up to and including April 6, 2009 to file their motion for summary judgment. Signed by Judge Paul L. Friedman on April 1, 2090. (MA) (Entered: 04/01/2009)
2009-04-01Set/Reset Deadlines: Defendants' motion for summary judgment due by 4/6/2009. (mm) (Entered: 04/02/2009)
2009-04-0628REPLY to opposition to motion re 25 MOTION for Summary Judgment filed by FEDERAL BUREAU OF JUSTICE, U.S. DEPARTMENT OF JUSTICE, JOHN DOE AGENCIES 1-10. (Attachments: # 1 Exhibit Plaintiff's July 9, 2008 letter)(Natiello, Christian) (Entered: 04/06/2009)
2009-04-1629Unopposed MOTION for Extension of Time to Reply to Opposition to Plaintiff's Cross-Motion for Summary Judgment by ANGELA CLEMENTE (Lesar, James) (Entered: 04/16/2009)
2009-04-17MINUTE ORDER granting 29 plaintiff's unopposed motion for extension of time up to and including April 22, 2009 to reply to defendant's opposition to plaintiff's cross-motion for summary judgment. Signed by Judge Paul L. Friedman on April 17, 2009. (MA) (Entered: 04/17/2009)
2009-04-17Set/Reset Deadlines: Reply to Response to Plaintiff's Cross Motion for Summary Judgment due by 4/22/2009. (mm) (Entered: 04/20/2009)
2009-04-2230REPLY to opposition to motion re 25 MOTION for Summary Judgment filed by ANGELA CLEMENTE. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Lesar, James) (Entered: 04/22/2009)
2009-05-1831Consent MOTION for Extension of Time to File Supplemental Motions for Summary Judgment by FEDERAL BUREAU OF JUSTICE, U.S. DEPARTMENT OF JUSTICE, JOHN DOE AGENCIES 1-10 (Natiello, Christian) (Entered: 05/18/2009)
2009-05-19MINUTE ORDER granting 31 defendants' consent motion for extension of time up to and including June 19, 2009 to file supplemental motions for summary judgment. Signed by Judge Paul L. Friedman on May 19, 2009. (MA) (Entered: 05/19/2009)
2009-05-19Set/Reset Deadlines: Supplemental Motions for Summary Judgment due by 6/19/2009. (mm) (Entered: 05/20/2009)
2009-06-1932Consent MOTION for Extension of Time to FILE SUPPLEMENTAL MOTIONS FOR SUMMARY JUDGMENT by FEDERAL BUREAU OF JUSTICE, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Natiello, Christian) (Entered: 06/19/2009)
2009-06-22MINUTE ORDER granting Defendants' Consent Motion for Enlargement of Time 32 . The parties shall file supplemental motions for summary judgment on or before June 25, 2009. Signed by Judge Paul L. Friedman on 6/22/09. (lcplf2) (Entered: 06/22/2009)
2009-06-22Set/Reset Deadlines: Supplemental Summary Judgment motions due by 6/25/2009. (mm) (Entered: 06/23/2009)
2009-06-2533SUPPLEMENTAL MEMORANDUM to 25 Plaintiff's Cross-Motion for Summary Judgment filed by ANGELA CLEMENTE. (Attachments: # 1 Affidavit Supplemental Cllemente Decl., # 2 Exhibit Exhibit 1--Veccione letter, # 3 Exhibit Exhibit 2--Dillard Affidavit, # 4 Exhibit Exhibit 3--New Yorker Article by Dannen)(Lesar, James) Modified on 6/26/2009 (nmw, ). (Entered: 06/25/2009)
2009-06-2534Supplemental MOTION for Summary Judgment by FEDERAL BUREAU OF JUSTICE, U.S. DEPARTMENT OF JUSTICE, JOHN DOE AGENCIES 1-10 (Attachments: # 1 Declaration of David Hardy (Second), # 2 Exhibit A, B, and C to Second Hardy Declaration)(Natiello, Christian) (Entered: 06/25/2009)
2009-07-0835Joint MOTION for Extension of Time to File Oppositions to Supplemental Motions for Summary Judgment by FEDERAL BUREAU OF JUSTICE, U.S. DEPARTMENT OF JUSTICE, JOHN DOE AGENCIES 1-10 (Natiello, Christian) (Entered: 07/08/2009)
2009-07-09MINUTE ORDER granting 35 parties' joint motion for extension of time to file answer. Parties shall file oppositions to supplemental motions for summary judgment on or before July 30, 2009. Signed by Judge Paul L. Friedman on July 9, 2009. (MA) (Entered: 07/09/2009)
2009-07-10Set/Reset Deadlines: Response to Motion for Summary Judgment due by 7/30/2009. (lin, ) (Entered: 07/10/2009)
2009-07-3036Joint MOTION for Extension of Time to File Oppositions to Supplemental Motions for Summary Judgment by FEDERAL BUREAU OF JUSTICE, U.S. DEPARTMENT OF JUSTICE, JOHN DOE AGENCIES 1-10 (Natiello, Christian) (Entered: 07/30/2009)
2009-08-04MINUTE ORDER granting 36 the parties' joint motion for extension of time up to and including August 13, 2009 to file oppositions to supplemental motions for summary judgment. Signed by Judge Paul L. Friedman on August 4, 2009. (MA) (Entered: 08/04/2009)
2009-08-04Set/Reset Deadlines: Responses to supplemental motions for summary judgment due by 8/13/2009. (zmm, ) (Entered: 08/04/2009)
2009-08-1337Consent MOTION for Extension of Time to Reply to Supplemental Cross-Motions for Summary Judgment by ANGELA CLEMENTE (Lesar, James) (Entered: 08/13/2009)
2009-08-14NOTICE OF ERROR re 37 Motion for Extension of Time to; emailed to jlesar@mindspring.com, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Wrong order attached. Use the event Notice of Proposed Order to file ONLY the correct order. (td, ) (Entered: 08/14/2009)
2009-08-14MINUTE ORDER granting 37 plaintiff's consent motion for extension of time up to and including August 17, 2009 for the parties to file their replies to their supplemental oppositions to the pending cross-motions for summary judgment. Signed by Judge Paul L. Friedman on August 14, 2009. (MA) (Entered: 08/14/2009)
2009-08-14Set/Reset Deadlines: Replies to supplemental oppositions to pending cross-motions for summary judgment due by 8/17/2009. (zmm, ) (Entered: 08/17/2009)
2009-08-1738Memorandum in opposition to re 25 MOTION for Summary Judgment filed by FEDERAL BUREAU OF JUSTICE, U.S. DEPARTMENT OF JUSTICE, JOHN DOE AGENCIES 1-10. (Natiello, Christian) (Entered: 08/17/2009)
2009-08-1739SUPPLEMENTAL MEMORANDUM to in Oppositon to Defendant's Supplelmental Motion for Summary Judgment filed by ANGELA CLEMENTE. (Attachments: # 1 Affidavit Bordley Affidavait, # 2 Affidavit 2d Supplemental Celemente Declaration, # 3 Exhibit Att. A--AP Article, # 4 Exhibit Att. B--Clarion-Ledger Article)(Lesar, James) (Entered: 08/17/2009)
2009-08-2740REPLY to opposition to motion re 34 Supplemental MOTION for Summary Judgment filed by ANGELA CLEMENTE. (Attachments: # 1 Exhibit Attachment A--Judge Reichbach's Decision and Order, # 2 Exhibit Attachment B--Michael Daly in NY Daily News)(Lesar, James) (Entered: 08/27/2009)
2010-09-2841ORDER denying with prejudice 34 defendants' supplemental Motion for Summary Judgment; denying with prejudice 10 defendants' Motion for Summary Judgment; granting plaintiff's cross-motion for summary judgment as to Count II and denying without prejudice as to Counts I and III of her second amended complaint. Judgment is entered for the plaintiff on Count II of her second amended complaint. The FBI shall supplement its Vaughn index as directed in the opinion accompanying this order; the parties shall file a proposed case management plan and schedule for future proceedings in this case on or before October 13, 2010. Signed by Judge Paul L. Friedman on September 28, 2010. (MA) (Entered: 09/28/2010)
2010-09-2842OPINION granting plaintiff's motion for summary judgment with regard to Count II of her complaint, which challenges the FBI's denial of her request for a fee waiver; All pending motions for summary judgment are denied without prejudce as to the remaining two counts of the complaint. The FBI shall supplement its Vaughn index as directed in this opinion. The parties are directed to file a proposed case management plan and schedule for future proceedings in this case on or before October 13, 2010. An order accompanying this opinion is issued this same day. Signed by Judge Paul L. Friedman on September 28, 2010. (MA) (Entered: 09/28/2010)
2010-09-28Set/Reset Deadlines: Proposed case management plan and schedule for future proceedings in this case due by 10/13/2010. (tr) (Entered: 09/29/2010)
2010-10-0843Proposed MOTION for Reconsideration Pursuant to Rule 52(b) and Rule 59(e) by ANGELA CLEMENTE (Attachments: # 1 Exhibit Attachment 1, # 2 Exhibit Attachment 2)(Lesar, James) (Entered: 10/08/2010)
2010-10-1344NOTICE of Filing Proposed Scheduling Order by FEDERAL BUREAU OF JUSTICE, JOHN DOE AGENCIES 1-10, U.S. DEPARTMENT OF JUSTICE. (Natiello, Christian) Modified event title on 10/14/2010 (znmw, ). (Entered: 10/13/2010)
2010-10-15MINUTE ORDER: In light of the proposed schedule for further proceedings that was filed jointly by the parties on October 13, 2010, it is hereby ORDERED that: On or before November 15, 2010, the plaintiff will identify for the defendant the pages of released documents, not to exceed 200 in number, for which she wishes to see a supplemental Vaughn index. The defendant will re-index those pages and send the resulting supplemental index to the plaintiff on or before January 14, 2011. On or before March 1, 2011, the defendant will file its motion for summary judgment. The plaintiff will file her opposition and cross-motion for summary judgment on or before March 31, 2011; the defendant's opposition will be filed by May 2, 2011, and any replies by either party will be filed by May 23, 2011. Signed by Judge Paul L. Friedman on October 15, 2010. (lcplf2) (Entered: 10/15/2010)
2010-10-1545Memorandum in opposition to re 43 Proposed MOTION for Reconsideration Pursuant to Rule 52(b) and Rule 59(e) filed by FEDERAL BUREAU OF JUSTICE, JOHN DOE AGENCIES 1-10, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit 1 - 3)(Natiello, Christian) (Entered: 10/15/2010)
2010-10-15Set/Reset Deadlines: Plaintiff to identify for the defendant the pages of released documents, not to exceed 200 in number, for which she wishes to see a supplemental Vaughn index by 11/15/2010. The defendant to send resulting supplemental index to plaintiff on or before 1/14/2011. On or before, 3/1/2011, the defendant will file its motion for summary judgment. Plaintiff's opposition and cross motion for summary judgment due 3/31/2011. Defendant's opposition due 5/2/2011 and any replies by either party are due 5/23/2011.(zmm, ) (Entered: 10/18/2010)
2010-11-0646MOTION for Leave to File Reply to Opposition to Plaintiff's Motion for Reconsideration Out-of-Time by ANGELA CLEMENTE (Attachments: # 1 Memorandum in Support Reply to Opposition to Plaintiff's Motion for Reconsideration)(Lesar, James) (Entered: 11/06/2010)
2010-11-08MINUTE ORDER denying without prejudice 46 plaintiff's motion for leave to file a reply out of time. The plaintiff has failed to comply with Local Civil Rule 7(m). Signed by Judge Paul L. Friedman on November 8, 2010. (lcplf2) (Entered: 11/08/2010)
2010-11-0847MOTION for Leave to File Reply to Opposition to Motion for Reconsideration Out-of-Time , MOTION for Order by ANGELA CLEMENTE (Attachments: # 1 Appendix Reply to Opposition to Motion for Reconsideratin, # 2 Affidavit Second Supplemental Lesar Decl.)(Lesar, James) (Entered: 11/08/2010)
2010-11-09MINUTE ORDER granting 47 plaintiff's unopposed motion for leave to file out of time her reply in support of her motion for reconsideration. Signed by Judge Paul L. Friedman on November 9, 2010. (lcplf2) (Entered: 11/09/2010)
2010-11-0948REPLY to opposition to motion re 43 Proposed MOTION for Reconsideration Pursuant to Rule 52(b) and Rule 59(e) filed by ANGELA CLEMENTE. (Attachments: # 1 Declaration)(znmw, ) (Entered: 11/10/2010)
2011-03-0149MOTION for Extension of Time to File Defendants' Renewed Motion for Summary Judgment by FEDERAL BUREAU OF JUSTICE, JOHN DOE AGENCIES 1-10, U.S. DEPARTMENT OF JUSTICE (Natiello, Christian) (Entered: 03/01/2011)
2011-03-02MINUTE ORDER granting 49 defendants' Motion for Extension of Time up to and including March 31, 2011 to file their renewed motion for summary judgment. Signed by Judge Paul L. Friedman on March 2, 2011. (MA) (Entered: 03/02/2011)
2011-03-02Set/Reset Deadlines: Renewed Motion for Summary Judgment due by 3/31/2011. (zmm, ) (Entered: 03/03/2011)
2011-03-3150Consent MOTION for Extension of Time to File Defendants' Renewed Motion for Summary Judgment by FEDERAL BUREAU OF JUSTICE, JOHN DOE AGENCIES 1-10, U.S. DEPARTMENT OF JUSTICE (Natiello, Christian) (Entered: 03/31/2011)
2011-04-01MINUTE ORDER granting 50 defendants' consent Motion for Extension of Time up to and including May 2, 2011 for file their renewed Motion for Summary Judgment; plaintiff's opposition shall be due on or before June 2, 2011. Signed by Judge Paul L. Friedman on April 1, 2011. (MA) (Entered: 04/01/2011)
2011-04-01Set/Reset Deadlines: Defendants' Renewed Motion for Summary Judgment due 5/2/2011. Response due 6/2/2011. (zmm, ) (Entered: 04/04/2011)
2011-05-0251Supplemental MOTION for Summary Judgment by FEDERAL BUREAU OF JUSTICE, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration David Hardy, # 2 Exhibit A through C,part 1, # 3 Exhibit C, part 2, # 4 Exhibit C, part 3, # 5 Exhibit C, part 4, # 6 Exhibit C, part 5, # 7 Exhibit C, part 6, # 8 Exhibit C, part 7)(Natiello, Christian) (Entered: 05/02/2011)
2011-06-0252Unopposed MOTION for Extension of Time to File Plaintiff's Renewed Cross-Motion for Summary Judgment by ANGELA CLEMENTE (Lesar, James) (Entered: 06/02/2011)
2011-06-03MINUTE ORDER granting 52 plaintiff's unopposed Motion for Extension of Time up to and including June 7, 2011 to file its renewed cross-motion for summary judgment. Signed by Judge Paul L. Friedman on June 3, 2011. (MA) (Entered: 06/03/2011)
2011-06-03Set/Reset Deadlines: Renewed cross motion for summary judgment due by 6/7/2011. (zmm, ) (Entered: 06/06/2011)
2011-06-0753Unopposed MOTION for Extension of Time to File Renewed Cross-Motion for Summary Judgment by ANGELA CLEMENTE (Lesar, James) (Entered: 06/07/2011)
2011-06-10MINUTE ORDER granting 53 plaintiff's unopposed Motion for Extension of Time up to and including June 10, 2011 to file its renewed cross-motion for summary judgment. Signed by Judge Paul L. Friedman on June 10, 2011. (MA) (Entered: 06/10/2011)
2011-06-10Set/Reset Deadlines: Plaintiff's renewed cross-motion for summary judgment due by 6/10/2011. (tth) (Entered: 06/10/2011)
2011-06-1554MOTION for Extension of Time to File Renewed Cross-Motion for Summary Judgment Nunc Pro Tunc by ANGELA CLEMENTE (Lesar, James) (Entered: 06/15/2011)
2011-06-16MINUTE ORDER granting 54 plaintiff's unopposed Motion for Extension of Time up to and including June 17, 2011 to file its renewed cross-motion for summary judgment; defendant's response shall be due on or before July 8, 2011. Signed by Judge Paul L. Friedman on June 16, 2011. (MA) (Entered: 06/16/2011)
2011-06-16Set/Reset Deadlines: Renewed Cross Motion for Summary Judgment due by 6/17/2011. Response to Renewed Cross Motion for Summary Judgment due by 7/8/2011. (zmm, ) (Entered: 06/17/2011)
2011-06-2155MOTION for Leave to File Renewed Cross-Motion for Summary Judgment by ANGELA CLEMENTE (Attachments: # 1 Renewed Cross-Motion for Summary Judgment, # 2 Memorandum in Support Memorandum of Points and Authorities in Support of Renewed Cross-Motion for Summary Judgment and in Opposition to Defendant's Renewed Motion for Summary Judgment, # 3 Local Rule 7.1(h) Statement, # 4 Exhibit Exhibit 1, # 5 Exhibit Exhibit 2, # 6 Exhibit Exhibit 3, # 7 Exhibit Exhibit 4, # 8 Exhibit Exhibit 5, # 9 Exhibit Exhibit 6, # 10 Declaration 4th Clemente Declaration, # 11 Exhibit Attachment A, Clemente Decl., # 12 Affidavit Bordley Affidavit)(Lesar, James) (Entered: 06/21/2011)
2011-06-22MINUTE ORDER granting 55 plaintiffs motion for leave to file her renewed cross-motion for summary judgment. Defendants response to the cross-motion shall be filed on or before July 20, 2011, and plaintiffs reply on or before August 10, 2011. Signed by Judge Paul L. Friedman on June 22, 2011. (lcplf2) (Entered: 06/22/2011)
2011-06-2257Renewed MOTION for Summary Judgment by ANGELA CLEMENTE (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 thru 6, # 3 Declaration, # 4 Exhibit, # 5 Affidavit)(td, ) (Attachment 3 replaced on 6/26/2011) (znmw, ). (Entered: 06/23/2011)
2011-06-2259Memorandum in opposition to re 51 Supplemental MOTION for Summary Judgment filed by ANGELA CLEMENTE. (See Docket Entry 57 to view document). (znmw, ) (Entered: 06/26/2011)
2011-06-2356NOTICE of Filing re 57 Motion by ANGELA CLEMENTE (Lesar, James) Modified to add link on 6/27/2011 (znmw, ). (Entered: 06/23/2011)
2011-06-23Set/Reset Deadlines: Defendants response to cross motion on or before 7/20/2011; plaintiffs reply to cross motions on or before 8/10/2011. (tth) (Entered: 06/23/2011)
2011-06-2458NOTICE of Filing (Corrected) re 57 Motion by ANGELA CLEMENTE (Lesar, James) Modified to add link on 6/27/2011 (znmw, ). (Entered: 06/24/2011)
2011-07-2060Unopposed MOTION for Extension of Time to File Defendants' Reply for their Motion for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment by FEDERAL BUREAU OF JUSTICE, JOHN DOE AGENCIES 1-10, U.S. DEPARTMENT OF JUSTICE (Natiello, Christian) (Entered: 07/20/2011)
2011-07-22MINUTE ORDER granting 60 defendants' unopposed motion for an extension of time in which to file a reply in support of their renewed motion for summary judgment/opposition to the plaintiff's renewed motion for summary judgment. Defendants shall file their reply/opposition on or before August 22, 2011. Signed by Judge Paul L. Friedman on July 22, 2011. (lcplf2) (Entered: 07/22/2011)
2011-07-22Set/Reset Deadlines: Defendants' reply in support of their renewed motion for summary judgment and opposition to plaintiff's renewed motion for summary judgment due by 8/22/2011. (zmm, ) (Entered: 07/25/2011)
2011-08-0361MEMORANDUM OPINION AND ORDER denying 43 plaintiff's Motion for Partial Reconsideration of this court's opinion of 9/28/10. Signed by Judge Paul L. Friedman on August 3, 2011. (MA) (Entered: 08/03/2011)
2011-08-2262Consent MOTION for Extension of Time to File Response/Reply by FEDERAL BUREAU OF JUSTICE, JOHN DOE AGENCIES 1-10, U.S. DEPARTMENT OF JUSTICE (Natiello, Christian) (Entered: 08/22/2011)
2011-08-24MINUTE ORDER granting 62 defendants' consent motion for an extension of time in which to file their reply in support of their renewed motion for summary judgment/opposition to plaintiff's motion for summary judgment. Defendants shall file their reply/opposition on or before September 9, 2011. Signed by Judge Paul L. Friedman on August 24, 2011. (lcplf2) (Entered: 08/24/2011)
2011-08-24Set/Reset Deadlines: Defendants' reply in support of renewed motion for summary judgment and opposition to plaintiff's motion for summary judgment due 9/9/2011. (zmm, ) (Entered: 08/26/2011)
2011-08-2663REPLY to opposition to motion re 57 MOTION for Summary Judgment, 51 Supplemental MOTION for Summary Judgment filed by FEDERAL BUREAU OF JUSTICE, JOHN DOE AGENCIES 1-10, U.S. DEPARTMENT OF JUSTICE. (Natiello, Christian) (Entered: 08/26/2011)
2011-08-2664Memorandum in opposition to re 57 MOTION for Summary Judgment filed by FEDERAL BUREAU OF JUSTICE, JOHN DOE AGENCIES 1-10, U.S. DEPARTMENT OF JUSTICE; (See docket entry no. 63 to view document) (td, ) (Entered: 08/29/2011)
2011-09-0165Case reassigned by consent to Judge Barbara Jacobs Rothstein. Judge Paul L. Friedman no longer assigned to the case. (gt, ) (Entered: 09/01/2011)
2011-09-0966MOTION for Extension of Time to Reply to Defendants' Opposition to Plaintiff's Renewed Cross-Motion for Summary Judgment by ANGELA CLEMENTE (Lesar, James) (Entered: 09/09/2011)
2011-09-1267REPLY to opposition to motion re 57 MOTION for Summary Judgment Renewed Cross-Motion for Summary Judgment filed by ANGELA CLEMENTE. (Attachments: # 1 Exhibit Exhibit 1--JHL-FBI (110626), # 2 Exhibit Exhibit 2--Hardy-JHL (110712), # 3 Exhibit Exhibit 3--NYT Article (970304))(Lesar, James) (Entered: 09/12/2011)
2011-09-12MINUTE ORDER granting 66 Motion for Extension of Time to Reply to Defendants' Opposition to Plaintiff's Renewed Cross-Motion for Summary Judgment. Plaintiff's 67 Reply to opposition to motion re 57 Renewed Cross-Motion for Summary Judgment is accepted as timely filed. Signed by Judge Barbara Jacobs Rothstein on 09/12/2011. (lcbjr1) (Entered: 09/12/2011)
2011-10-1868NOTICE OF SUBSTITUTION OF COUNSEL by Tricia D. Francis on behalf of All Defendants Substituting for attorney Christian Natiello (Francis, Tricia) (Entered: 10/18/2011)
2011-10-2669MOTION for Leave to File SUPPLEMENTAL MEMORANDUM by ANGELA CLEMENTE (Attachments: # 1 Memorandum in Support Supplemental Memorandum of Points and Authorities in Further Support of Plaintif's Renewed Cross-Motion for Summary Judgment)(Lesar, James) Modified on 10/27/2011 to edit text (dr). (Entered: 10/26/2011)
2011-11-0870ORDER granting 69 Motion for Leave to File Supplemental Memorandum signed by Judge Barbara Jacobs Rothstein on 11/8/11. Defendants may file a reply in support of their Renewed Motion for Summary Judgment by November 18, 2011. (ztnr, ) (Entered: 11/08/2011)
2011-11-08Set/Reset Deadlines: Defendants reply in support due by 11/18/2011. (ztnr, ) (Entered: 11/08/2011)
2011-11-0871SUPPLEMENTAL MEMORANDUM to re 57 Renewed CROSS MOTION for Summary Judgment filed by ANGELA CLEMENTE. (dr) (Entered: 11/09/2011)
2011-11-1572NOTICE of Filing of Sixth Declaration of Angela Clemente by ANGELA CLEMENTE (Lesar, James) (Entered: 11/15/2011)
2011-11-1873Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiff's Supplemental Memorandum of Points and Authorities In Further Support of Plaintiff's Renewed Cross-Motion for Summary Judgment by FEDERAL BUREAU OF JUSTICE, JOHN DOE AGENCIES 1-10, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Francis, Tricia) (Entered: 11/18/2011)
2011-11-2174ORDER granting 73 Defendant's Unopposed Motion for Extension of Time to File Reply to Plaintiff's Supplemental Memorandum; Reply due by 12/9/2011. Signed by Judge Barbara Jacobs Rothstein on 11/21/11. (jeb, ) (Entered: 11/21/2011)
2011-11-22Set/Reset Deadlines: Reply due by 12/9/2011. (tth) (Entered: 11/22/2011)
2011-12-0675STANDING ORDER applicable to case going forward. Signed by Judge Barbara Jacobs Rothstein on 12/6/2011. (lcbjr1) (Entered: 12/06/2011)
2011-12-0876REPLY re 71 SUPPLEMENTAL MEMORANDUM Defendant's Reply to Plaintiff's Supplemental Memorandum of Points and Authorities In Further Support of Plaintiff's Renewed Cross-Motion for Summary Judgment filed by FEDERAL BUREAU OF JUSTICE, JOHN DOE AGENCIES 1-10, U.S. DEPARTMENT OF JUSTICE. (Francis, Tricia) Modified on 12/9/2011 to edit relationship (dr). Modified event title on 12/20/2011 (znmw, ). (Entered: 12/08/2011)
2011-12-1977ENTERED IN ERROR.....REPLY to opposition to motion re 69 MOTION for Leave to File Supplemental Memorandum filed by ANGELA CLEMENTE. (Lesar, James) Modified on 12/20/2011 (znmw, ). (Entered: 12/19/2011)
2011-12-20NOTICE OF ERROR re 77 Reply to opposition to Motion; emailed to jlesar@mindspring.com, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect header/caption/case number, 2. Incorrect event used, 3. Please refile document, 4. Entered in error; Incorrect case number; Refile as a Surreply. (znmw, ) (Entered: 12/20/2011)
2011-12-2078SURREPLY to Supplemental Memorandum filed by ANGELA CLEMENTE. (Lesar, James) (Entered: 12/20/2011)
2012-03-0579ENTERED IN ERROR.....Supplemental MOTION for Leave to File Second Supplemental Memorandum by ANGELA CLEMENTE (Attachments: # 1 Memorandum in Support Second Supplemental Memorandum in Further Support of Plaintiff's Renewed Cross-Motion for Summary Judgment, # 2 Exhibit Attachments A-G to Second Suppllemental Memorandun in Further Support of Plaintiff's Renewed Cross-Motion for Summary Judgment, # 3 Statement of Facts Second Suppllemental Local Rule 7(h) Statement, # 4 Affidavit Sixth Supplemental Declaration of Angela Clemente, # 5 Exhibit Exhibit 1 to Sixth Clemente Declaration)(Lesar, James) Modified on 3/6/2012 (dr). (Entered: 03/05/2012)
2012-03-06NOTICE OF CORRECTED DOCKET ENTRY: re 79 Supplemental MOTION for Leave to File Second Supplemental Memorandum was entered in error because it was filed in the wrong case. The Document has an incorrect case number. (dr) (Entered: 03/06/2012)
2012-03-2280MOTION for Extension of Time to File Response/Reply to Plaintiff's Second Supplemental Memorandum of Points and Authorities in Further Support of Plaintiff's Cross-Motion for Summary Judgment by FEDERAL BUREAU OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Francis, Tricia) (Entered: 03/22/2012)
2012-04-1381MEMORANDUM OPINION granting in part 51 defendants' motion for summary judgment and denying the remainder and 57 plaintiff's motion for summary judgment without prejudice. Signed by Judge Barbara Jacobs Rothstein on April 13, 2012. (lchhk1) (Entered: 04/13/2012)
2013-01-22MINUTE ORDER: The Court requests that the parties file a status report on or before February 1, 2013, in which the parties update the Court on the status of this matter. Signed by Judge Barbara Jacobs Rothstein on 1/22/13. (Reed, Heather) (Entered: 01/22/2013)
2013-01-23Set/Reset Deadlines: Status Report due by 2/1/2013 (tth) (Entered: 01/23/2013)
2013-02-0182NOTICE of Appearance by Andrea McBarnette on behalf of FEDERAL BUREAU OF JUSTICE, JOHN DOE AGENCIES 1-10, U.S. DEPARTMENT OF JUSTICE (McBarnette, Andrea) (Entered: 02/01/2013)
2013-02-0183NOTICE OF WITHDRAWAL OF APPEARANCE as to FEDERAL BUREAU OF JUSTICE, JOHN DOE AGENCIES 1-10, U.S. DEPARTMENT OF JUSTICE. Attorney Tricia Dianne Francis terminated. (McBarnette, Andrea) (Entered: 02/01/2013)
2013-02-0184STATUS REPORT - Joint by FEDERAL BUREAU OF JUSTICE, JOHN DOE AGENCIES 1-10, U.S. DEPARTMENT OF JUSTICE. (McBarnette, Andrea) (Entered: 02/01/2013)
2013-04-10MINUTE ORDER: The Court requests that the parties file a joint status report on or before April 26, 2013, updating the Court on the status of this matter. Signed by Judge Barbara Jacobs Rothstein on 4/10/13. (Reed, Heather) (Entered: 04/10/2013)
2013-04-10Set/Reset Deadlines/Hearings: Joint Status Report due by 4/26/2013. (cdw) (Entered: 04/11/2013)
2013-04-2585STATUS REPORT Joint by FEDERAL BUREAU OF JUSTICE. (McBarnette, Andrea) (Entered: 04/25/2013)
2013-05-1486NOTICE to the Court by ANGELA CLEMENTE (Lesar, James) (Entered: 05/14/2013)
2013-05-2287ENTERED IN ERROR..... MOTION for Attorney Fees by ANGELA CLEMENTE (Attachments: # 1 Affidavit Declaration of James H. Lesar, # 2 Affidavit Declaration of Angela Clemente)(Lesar, James) Modified on 5/23/2013 (znmw, ). (Entered: 05/22/2013)
2013-05-23NOTICE OF ERROR re 87 Motion for Attorney Fees; emailed to jhlesar@gmail.com, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect header/caption/case number, 2. Please refile document, 3. Entered in erorr; Incorrect case number; Please refile. (znmw, ) (Entered: 05/23/2013)
2013-05-2388MOTION for Attorney Fees by ANGELA CLEMENTE (Attachments: # 1 Affidavit Declaraation of James H. Lesar, # 2 Affidavit Declaration of Angela Clemente)(Lesar, James) (Entered: 05/23/2013)
2013-05-2889Consent MOTION for Extension of Time to File Response/Reply as to 88 MOTION for Attorney Fees by FEDERAL BUREAU OF JUSTICE (Attachments: # 1 Text of Proposed Order)(McBarnette, Andrea) (Entered: 05/28/2013)
2013-05-29MINUTE ORDER granting 89 Motion for Extension of Time to File Response/Reply to Motion for Attorney Fees 88 . The Federal Bureau of Justice's Response is due on or before 8/2/2013. Plaintiff's Reply is due on or before 8/9/2013. Signed by Judge Barbara Jacobs Rothstein on 5/29/13. (Reed, Heather) Modified on 5/30/2013 (znmw, ). (Entered: 05/29/2013)
2013-05-31Set/Reset Deadlines: Response due by 8/2/2013; Reply due by 8/9/2013. (tth) (Entered: 05/31/2013)
2013-07-2290NOTICE of Change of Address by James H. Lesar (Lesar, James) (Entered: 07/22/2013)
2013-08-0291Memorandum in opposition to re 88 MOTION for Attorney Fees filed by FEDERAL BUREAU OF JUSTICE. (McBarnette, Andrea) (Entered: 08/02/2013)
2013-08-0592NOTICE of Filing Exhibit to FBI Opposition to Interim Fees by FEDERAL BUREAU OF JUSTICE re 91 Memorandum in Opposition (Attachments: # 1 Exhibit A)(McBarnette, Andrea) (Entered: 08/05/2013)
2013-08-0693ENTERED IN ERROR..... MOTION for Extension of Time to Reply to Defendants' Opposition to Motion for Interim Award of Attorney's Fees andCosts by ANGELA CLEMENTE (Lesar, James) Modified on 8/7/2013 (znmw, ). (Entered: 08/06/2013)
2013-08-0794MOTION for Extension of Time to File Reply by ANGELA CLEMENTE (Lesar, James) Modified event title on 8/7/2013 (znmw, ). (Entered: 08/07/2013)
2013-08-07NOTICE OF ERROR re 93 Motion for Extension of Time to; emailed to jhlesar@gmail.com, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect header/caption/case number, 2. Please refile document, 3. Entered in error; Incorrect case number; Please refile. (znmw, ) (Entered: 08/07/2013)
2013-08-07NOTICE OF CORRECTED DOCKET ENTRY: Docket Entry re 93 MOTION for Extension of Time was entered in error (incorrect case number) and counsel refiled said pleading as Docket Entry 94 . (znmw, ) (Entered: 08/07/2013)
2013-08-07MINUTE ORDER granting 94 Motion for Extension of Time to File Reply. Signed by Judge Barbara Jacobs Rothstein on 8/7/13. (Reed, Heather) (Entered: 08/07/2013)
2013-08-1495REPLY to opposition to motion re 88 MOTION for Attorney Fees filed by ANGELA CLEMENTE. (Attachments: # 1 Exhibit Oglesby, Magistrate's Report, # 2 Affidavit Greenberg Bill)(Lesar, James) (Entered: 08/14/2013)
2013-08-1596NOTICE of Filing of Corrected Copy of Reply Brief by ANGELA CLEMENTE (Attachments: # 1 Appendix Reply to Opp. to Mot. for Interim Award of Fees and Opp. to Mot. for Open America Stay, # 2 Exhibit Att. 1--Magistrate's Report in Oglesby, # 3 Affidavit Greenberg bill for Attorney Fees)(Lesar, James) (Entered: 08/15/2013)
2013-08-15NOTICE OF ERROR re 95 Reply to opposition to Motion; emailed to jhlesar@gmail.com, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect header/caption/case number, 2. Please refile document, 3. Entered in error; Incorrect case number; Please refile. (znmw, ) (Entered: 08/15/2013)
2013-08-2797NOTICE of Filing of Supplemental Itemizations by ANGELA CLEMENTE (Lesar, James) (Entered: 08/27/2013)
2013-08-3098ORDER denying without prejudice 88 Motion for Attorney Fees. Signed by Judge Barbara Jacobs Rothstein on 8/30/13. (Reed, Heather) (Entered: 08/30/2013)
2013-09-1399NOTICE of Remaining Issues by ANGELA CLEMENTE (Lesar, James) (Entered: 09/13/2013)
2013-09-20100Joint MOTION for Extension of Time to Complete Briefing Schedule by FEDERAL BUREAU OF JUSTICE (McBarnette, Andrea) (Entered: 09/20/2013)
2013-09-23MINUTE ORDER granting 100 Motion for Extension of Time. Signed by Judge Barbara Jacobs Rothstein on 9/23/13. (Reed, Heather) Modified event title on 9/24/2013 (znmw, ). (Entered: 09/23/2013)
2013-09-26Set/Reset Deadlines: Renewed Dispositive Motion due by 10/11/2013. Opposition to Dispositive Motions due by 11/8/2013. Reply to Dispositive Motions due by 11/22/2013. (tth) (Entered: 09/26/2013)
2013-10-01101ENTERED IN ERROR.....Consent MOTION to Stay Briefing Schedule by FEDERAL BUREAU OF JUSTICE (McBarnette, Andrea) Modified on 10/2/2013 (znmw, ). (Entered: 10/01/2013)
2013-10-01MINUTE ORDER granting 101 Consent Motion to Stay Litigation in Light of Lapse of Appropriations. The case is HEREBY STAYED until such time that Congress passes a continuing resolution or other legislation to fund the federal government. The parties are instructed to submit to the Court a proposed briefing schedule within three business days of Congress appropriating funds for the Defendant agency. The parties are encouraged to observe the original briefing schedule as closely as possible. Signed by Judge Barbara Jacobs Rothstein on 10/1/13. (Reed, Heather) (Entered: 10/01/2013)
2013-10-01Case Stayed. (cdw) (Entered: 10/01/2013)
2013-10-02NOTICE OF ERROR re 101 Motion to Stay; emailed to andrea.mcbarnette@usdoj.gov, cc'd 5 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect header/caption/case number, 2. Incorrect document/case, 3. Please refile document, 4. Entered in error; Incorrect caption and case number (filed in incorrect case?); Please refile. (znmw, ) (Entered: 10/02/2013)
2013-10-07102Consent MOTION for Order to Stay Litigation in Light of Lapse of Appropriations by FEDERAL BUREAU OF JUSTICE, U.S. DEPARTMENT OF JUSTICE (Nebeker, William) (Entered: 10/07/2013)
2013-10-07MINUTE ORDER granting 102 Consent Motion to Stay Litigation in Light of Lapse of Appropriations. The case is HEREBY STAYED until such time that Congress passes a continuing resolution or other legislation to fund the federal government. The parties are instructed to submit to the Court a proposed briefing schedule within three business days of Congress appropriating funds for the Defendant agency. The parties are encouraged to observe the original briefing schedule as closely as possible. Signed by Judge Barbara Jacobs Rothstein on 10/7/13. (Reed, Heather) (Entered: 10/07/2013)
2013-10-21103NOTICE of Proposed Order for briefing schedule - joint by FEDERAL BUREAU OF JUSTICE (McBarnette, Andrea) (Entered: 10/21/2013)
2013-10-21MINUTE ORDER: The Court HEREBY GRANTS in part and DENIES in part the parties' joint motion to modify the briefing schedule in light of the recent government shutdown. Accordingly, this case is no longer stayed. The Defendant shall file its renewed motion for summary judgment on or before 10/31/13; the opposition shall be filed on or before 11/27/13; and the reply to the opposition shall be filed on or before 12/12/13. Signed by Judge Barbara Jacobs Rothstein on 10/21/13. (Reed, Heather) (Entered: 10/21/2013)
2013-10-22Set/Reset Deadlines: Dispositive Motion due by 10/31/2013. Response to Dispositive Motions due by 11/27/2013. Reply to Dispositive Motions due by 12/12/2013. (tth) (Entered: 10/22/2013)
2013-10-30104Consent MOTION for Extension of Time to Extend Briefing Schedule by FEDERAL BUREAU OF JUSTICE, JOHN DOE AGENCIES 1-10, U.S. DEPARTMENT OF JUSTICE (McBarnette, Andrea) (Entered: 10/30/2013)
2013-10-31MINUTE ORDER granting 104 Motion to Extend the Briefing Schedule. Defendant shall file the renewed summary judgment motion on or before November 14, 2013, the opposition shall be filed on or before December 11, 2013, and the reply shall be filed on or before December 23, 2013. Signed by Judge Barbara Jacobs Rothstein on 10/31/13. (Reed, Heather) (Entered: 10/31/2013)
2013-11-01Set/Reset Deadlines: Renewed Dispositive Motions due by 11/14/2013. Response to Dispositive Motions due by 12/11/2013. Reply to Dispositive Motions due by 12/23/2013. (tth) (Entered: 11/01/2013)
2013-11-14105Second MOTION for Summary Judgment RENEWED by FEDERAL BUREAU OF JUSTICE, JOHN DOE AGENCIES 1-10, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Affidavit Hardy 5th)(McBarnette, Andrea) (Entered: 11/14/2013)
2013-12-10106MOTION for Extension of Time to to Revise Briefing Schedule by ANGELA CLEMENTE (Lesar, James) (Entered: 12/11/2013)
2013-12-11MINUTE ORDER granting 106 consent motion to revise briefing schedule. It is HEREBY ORDERED that Plaintiff will file her response to Defendant's renewed motion for summary judgment on or before December 23, 2013; Plaintiff's cross motion for summary judgment, if any, will be filed on or before December 23, 2013; Defendant's reply in support of its motion for summary judgment (and opposition to Plaintiff's cross motion, if necessary) will be filed on or before January 10, 2014; Plaintiff's reply in support of her cross motion, if filed, will be filed on or before January 20, 2014 Signed by Judge Barbara Jacobs Rothstein on 12/11/13. (Reed, Heather) (Entered: 12/11/2013)
2013-12-11Set/Reset Deadlines: Cross Motions due by 12/23/2013. Response to Cross Motions due by 1/10/2014. Reply to Cross Motions due by 1/20/2014. Response to Dispositive Motions due by 12/23/2013. Reply to Dispositive Motions due by 1/10/2014. (tth) (Entered: 12/11/2013)
2013-12-23107MOTION for Extension of Time to Resond to FBI's Second Renewed Motion for Summary Judgment by ANGELA CLEMENTE (Lesar, James) (Entered: 12/23/2013)
2013-12-23MINUTE ORDER granting 107 Consent Motion for Extension of Time to file opposition to Defendant's motion. Plaintiff's opposition shall be filed on or before December 27, 2013. Signed by Judge Barbara Jacobs Rothstein on 12/23/13. (Reed, Heather) (Entered: 12/23/2013)
2014-01-08108ENTERED IN ERROR.....MOTION for Leave to File 2d Renewed Cross-Motion for Summary Judgment by ANGELA CLEMENTE (Lesar, James) Modified on 1/14/2014 (rdj). (Entered: 01/08/2014)
2014-01-08109ENTERED IN ERROR.....MOTION for Summary Judgment (Second Renewed) , MOTION for Discovery by ANGELA CLEMENTE (Attachments: # 1 Exhibit Exhibits 1-15)(Lesar, James) Modified on 1/9/2014 (znmw, ). Modified on 1/14/2014 (rdj). (Entered: 01/08/2014)
2014-01-09110ENTERED IN ERROR.....NOTICE of Filing of 2013 Second Case Declaration of Angela Clemente by ANGELA CLEMENTE (Attachments: # 1 Affidavit 2013 Second Case Clemente Decl.)(Lesar, James) Modified on 1/14/2014 (rdj). (Entered: 01/09/2014)
2014-01-14NOTICE OF CORRECTED DOCKET ENTRY: re 108 MOTION for Leave to File 2d Renewed Cross-Motion for Summary Judgment , 109 MOTION for Summary Judgment MOTION for Discovery, 110 Notice (Other) was entered in error at the request of counsel and counsel will refile said pleading. (rdj) (Entered: 01/14/2014)
2014-01-14111MOTION for Leave to File Second Renewed Cross-Motion for Summary Judgment by ANGELA CLEMENTE (Attachments: # 1 Memorandum in Support Motion for Second Renewed Cross-Motion for Summary Judgment, # 2 Exhibit Exhibits 1-15, # 3 Affidavit 2013 Second Case Declaration of Angela Clemente)(Lesar, James) (Entered: 01/14/2014)
2014-01-16MINUTE ORDER regarding Plaintiffs Motion for Leave to File Second Renewed Cross-Motion for Summary Judgment [Dkt. No. 111]. Plaintiff seeks two forms of relief from the Court in this motion. First, Plaintiff requests that the Court extend Plaintiffs deadline within which she must filed her Opposition to Defendants Renewed Motion for Summary Judgment [Dkt. No. 105] to February 8, 2014. Defendant consents to this request. As such, the Court HEREBY ORDERS that Plaintiffs Opposition to Defendants Renewed Motion for Summary Judgment is due on or before February 8, 2014. As this is the third extension the Court has granted Plaintiff on this deadline, NO FURTHER EXTENSION REQUESTS WILL BE GRANTED. Second, Plaintiff seeks leave to file a Second Renewed Cross-Motion for Summary Judgme [sic] of Time. The Court interprets this as a request to file Plaintiffs renewed cross-motion for summary judgment. Per the Courts prior instructions, Plaintiffs renewed motion was to be filed on or before December 23, 2013 [MINUTE ORDER dated December 11, 2013]. Therefore, this request was not timely filed (first being filed on January 8, 2014 and later re-filed on January 14, 2014) and does not comply with this Courts Standing Order [Dkt. No. 75]. As such, the Court HEREBY DENIES Plaintiffs request for leave to file a second renewed cross-motion for summary judgment. Signed by Judge Barbara Jacobs Rothstein on 1/16/14. (Reed, Heather) (Entered: 01/16/2014)
2014-01-16Set/Reset Deadlines: Response to Dispositive Motion due by 2/8/2014. (tth) (Entered: 01/16/2014)
2014-02-07112Memorandum in opposition to re 105 Second MOTION for Summary Judgment RENEWED filed by ANGELA CLEMENTE. (Attachments: # 1 Declaration 2013 Second Clemente Case Declaration, # 2 Exhibit Exhibits 1-16, # 3 Statement of Facts Local Rule 7.1(h) Statement of Material Facts in Dispute, # 4 Declaration Declaration of James H. Lesar)(Lesar, James) (Entered: 02/07/2014)
2014-02-24113Consent MOTION for Extension of Time to File Response/Reply as to 105 Second MOTION for Summary Judgment RENEWED by FEDERAL BUREAU OF JUSTICE, JOHN DOE AGENCIES 1-10, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(McBarnette, Andrea) (Entered: 02/24/2014)
2014-03-03MINUTE ORDER granting 113 Consent Motion for Extension of Time to File Response/Reply. Defendant shall filed its reply on or before March 14, 2014. Signed by Judge Barbara Jacobs Rothstein on 3/3/14. (Reed, Heather) Modified event title on 3/4/2014 (znmw, ). (Entered: 03/03/2014)
2014-03-04Set/Reset Deadline: Reply due by 3/14/2014. (tth) (Entered: 03/04/2014)
2014-03-13114Consent MOTION for Extension of Time to File Response/Reply as to 105 Second MOTION for Summary Judgment RENEWED by FEDERAL BUREAU OF JUSTICE (Attachments: # 1 Text of Proposed Order)(McBarnette, Andrea) (Entered: 03/13/2014)
2014-03-14MINUTE ORDER granting 114 Consent Motion for Extension of Time to File Response/Reply. Defendant's reply in support of its renewed motion for summary judgment shall be filed on or before March 28, 2014. Signed by Judge Barbara Jacobs Rothstein on 3/14/14. (Reed, Heather) (Entered: 03/14/2014)
2014-03-14Set/Reset Deadlines/Hearings: Reply to renewed Motion for Summary Judgment due by 3/28/2014. (cdw) (Entered: 03/14/2014)
2014-03-28115REPLY to opposition to motion re 105 Second MOTION for Summary Judgment RENEWED filed by FEDERAL BUREAU OF JUSTICE. (Attachments: # 1 Declaration, # 2 Exhibit)(McBarnette, Andrea) (Entered: 03/28/2014)
2014-05-08116MOTION for Leave to File Surreply (Opposed) by ANGELA CLEMENTE (Lesar, James) (Entered: 05/08/2014)
2014-05-09117NOTICE of Filing Surreply by ANGELA CLEMENTE (Attachments: # 1 Memorandum in Support Surreply, # 2 Exhibit Exh. 1--Lesar-AUSA, # 3 Exhibit Exh. 2--AUSA-Lesar, # 4 Exhibit Exh. 3--Routing Slip)(Lesar, James) (Entered: 05/09/2014)
2014-07-23118NOTICE of Filing (Supplemental) by ANGELA CLEMENTE (Attachments: # 1 Exhibit Exh. 1--The Daily Beast article, # 2 Exhibit Exh. 2--FBI Honors..., # 3 Exhibit Exh. 3--FBI Honors Office, # 4 Exhibit Exh. 4--Jones-DeLoach (July 7, 1964), # 5 Exhibit Exj/ 5-Davidson-Callahan (July 1, 1964), # 6 Exhibit Exh. 6--Memo for Tolson (July 8, 1964), # 7 Exhibit Exh. 7--Memo for Tolson (July 7, 1964), # 8 Exhibit Exh. 8--Callahan-Mohr (July 2, 1964), # 9 Exhibit Exh. 9--Davidson-Callahan (July 7, 1964), # 10 Exhibit Exh. 10--Callahan-Mohr (July 6, 19064), # 11 Exhibit DeLoach-Tolson (July 2. 1964))(Lesar, James) (Entered: 07/23/2014)
2014-08-04119NOTICE of Filing August 4, 2014 Supplemental Clemente Declaration by ANGELA CLEMENTE (Attachments: # 1 Exhibit Attachment 1--Federal Review...)(Lesar, James) (Entered: 08/04/2014)
2014-08-17120NOTICE of Filing August 17, 2014 Supplement Notice of Filing by ANGELA CLEMENTE (Lesar, James) (Entered: 08/17/2014)
2014-08-18121ORDER granting in part and denying in part 105 Defendants' Second Renewed Motion for Summary Judgment and denying Plaintiff's motion to file a sur-reply [Dkt. No. 116]. Signed by Judge Barbara Jacobs Rothstein on 8/18/14. (Reed, Heather) (Entered: 08/18/2014)
2014-09-17122AFFIDAVIT 7th Hardy Declaration by FEDERAL BUREAU OF JUSTICE, JOHN DOE AGENCIES 1-10, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit Exhibits)(McBarnette, Andrea) (Entered: 09/17/2014)
2015-01-07MINUTE ORDER: The Court requests that the parties file a joint status report on for before January 30, 2015 updating the Court on the status of this case. Signed by Judge Barbara Jacobs Rothstein on 1/7/15. (Reed, Heather) (Entered: 01/07/2015)
2015-01-08Set/Reset Deadlines: Status Report due by 1/30/2015 (tth) (Entered: 01/08/2015)
2015-01-30123STATUS REPORT to the Court by ANGELA CLEMENTE. (Lesar, James) (Entered: 01/30/2015)
2015-01-30124STRICKEN FROM THE RECORD PURSUANT TO MINUTE ORDER FILED ON 2/5/2015.....STATUS REPORT by ANGELA CLEMENTE. (Lesar, James) Modified on 2/5/2015 (tth). (Entered: 01/30/2015)
2015-02-05MINUTE ORDER: On January 7, 2015, the Court requested a joint status report from the parties regarding the status of this matter. The parties responded with a joint status report filed on January 30, 2015. Dkt. No. 123. Plaintiff then filed a separate status report on the same date. Dkt. No. 124. This document does not accord with this Court's practice of having status reports be joint. If Plaintiff seeks relief from the Court, she should file a motion in accordance with ordinary motion practice. Accordingly, the Court HEREBY STRIKES Plaintiff's status report (Dkt. No. 124). Signed by Judge Barbara Jacobs Rothstein on 2/5/15. (Reed, Heather) (Entered: 02/05/2015)
2015-02-25125MOTION for Leave to File Renewed Motion for Interim Award of by ANGELA CLEMENTE (Lesar, James) (Entered: 02/25/2015)
2015-03-25MINUTE ORDER granting 125 unopposed Motion for Leave to File Renewed Motion for an Interim Award of Attorney Fees and Costs. Signed by Judge Barbara Jacobs Rothstein on 3/25/15. (Reed, Heather) (Entered: 03/25/2015)
2015-07-22126Second MOTION for Attorney Fees by ANGELA CLEMENTE (Attachments: # 1 Appendix Att. 1--Memorandum Opinion in Hall, # 2 Appendix Att. 2--Daily Labor Report, # 3 Affidavit July 21, 2015 Lesar Decl., # 4 Affidavit 2015 Lesar Decl., Exh. 1--Itemization of Time, # 5 Affidavit 2015 Lesar Decl., Chart 1, # 6 Affidavit Kathleen Strang Decl., # 7 Julia Goldberg Decl., # 8 Affidavit Aug. 8, 2013 Cleente Decl.)(Lesar, James) (Entered: 07/22/2015)
2015-07-31127NOTICE OF SUBSTITUTION OF COUNSEL by Alan R. Burch on behalf of All Defendants Substituting for attorney Andrea McBarnette (Burch, Alan) (Entered: 07/31/2015)
2015-07-31128Consent MOTION for Extension of Time to File Response/Reply as to 126 Second MOTION for Attorney Fees by FEDERAL BUREAU OF JUSTICE, JOHN DOE AGENCIES 1-10, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Burch, Alan) (Entered: 07/31/2015)
2015-08-03MINUTE ORDER granting 128 Consnet Motion for Extension of Time to File Response/Reply. The Response to Plaintiff's Renewed Motion for an Interim Award of Attorney's Fees and Costs shall be filed on or before September 9, 2015. Signed by Judge Barbara Jacobs Rothstein on 8/3/15. (Reed, Heather) (Entered: 08/03/2015)
2015-08-03Set/Reset Deadline: Renewed Motion due by 9/9/2015. (tth) (Entered: 08/03/2015)
2015-09-08129Memorandum in opposition to re 126 Second MOTION for Attorney Fees filed by FEDERAL BUREAU OF JUSTICE, JOHN DOE AGENCIES 1-10, U.S. DEPARTMENT OF JUSTICE. (Burch, Alan) (Entered: 09/08/2015)
2015-09-15130REPLY to opposition to motion re 126 Second MOTION for Attorney Fees filed by ANGELA CLEMENTE. (Lesar, James) (Entered: 09/15/2015)
2015-10-14131ORDER denying 126 Plaintiff's Renewed Motion for an Interim Award of Attorney Fees and Costs. Signed by Judge Barbara Jacobs Rothstein on 10/16/15. (Reed, Heather) (Entered: 10/14/2015)
2015-11-12132ENTERED IN ERROR..... MOTION for Order For Reconsideration by ANGELA CLEMENTE (Lesar, James) Modified on 11/13/2015 (znmw). (Entered: 11/12/2015)
2015-11-13NOTICE OF ERROR re 132 Motion for Order; emailed to jhlesar@gmail.com, cc'd 5 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect header/caption/case number, 2. Please refile document, 3. Entered in error; Incorrect case number; Please refile. (znmw, ) (Entered: 11/13/2015)
2015-11-13133MOTION for Order to Vacate Court's Oct. 14, 2015 Order in Part and Stay Proceedings on Vaughn Index by ANGELA CLEMENTE (Lesar, James) (Entered: 11/13/2015)
2015-11-16MINUTE ORDER denying 133 Consent Motion to Vacate October 14, 2015 Order. The parties state that the basis for the motion is that Plaintiff has filed a motion for reconsideration of the October 14, 2015 Order denying Plaintiff's Second Renewed Motion for an Interim Award of Attorney's Fees. No such motion is pending. Nevertheless, even if such a motion were pending, given that motions for reconsideration are disfavored in this Circuit, such a motion would not constitute adequate grounds to stay the proceedings in this case. The schedule set forth in the October 14, 2015 Order remains as previously set. Signed by Judge Barbara Jacobs Rothstein on 11/16/15. (Reed, Heather) (Entered: 11/16/2015)
2015-11-16134MOTION for Reconsideration by ANGELA CLEMENTE (Lesar, James) Modified event title on 11/17/2015 (znmw). (Entered: 11/16/2015)
2015-11-17135ERRATA by ANGELA CLEMENTE 134 MOTION for Reconsideration filed by ANGELA CLEMENTE. (Attachments: # 1 Errata Plaintiff's Partly Opposed Motion for Reconsideration)(Lesar, James) (Entered: 11/17/2015)
2015-11-18136Memorandum in opposition to re 134 MOTION for Reconsideration filed by FEDERAL BUREAU OF JUSTICE, JOHN DOE AGENCIES 1-10, U.S. DEPARTMENT OF JUSTICE. (Burch, Alan) (Entered: 11/18/2015)
2015-11-23137NOTICE OF WITHDRAWAL OF APPEARANCE as to FEDERAL BUREAU OF JUSTICE, JOHN DOE AGENCIES 1-10, U.S. DEPARTMENT OF JUSTICE. Attorney Alan R. Burch terminated. (Burch, Alan) (Entered: 11/23/2015)
2015-11-25138REPLY to opposition to motion re 134 MOTION for Reconsideration filed by ANGELA CLEMENTE. (Lesar, James) (Entered: 11/25/2015)
2015-12-01139ORDER denying 134 Motion for Reconsideration. Signed by Judge Barbara Jacobs Rothstein on 12/1/15. (Reed, Heather) (Entered: 12/01/2015)
2016-01-29140ORDER DISMISSING CASE. Signed by Judge Barbara Jacobs Rothstein on 1/29/16. (Reed, Heather) (Entered: 01/29/2016)
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