Case Detail

FOIA Project Annotation: Judge Tanya Chutkan has ruled that the FBI's CD interim release policy is permitted under the fee provisions of FOIA and that the Civil Division properly denied National Security Counselors a fee waiver for its request for information about how DOJ attorneys were assigned to FOIA litigation. NSC was joined by Truthout and Jeffrey Stein in the litigation. All three had requested voluminous records from the FBI and specifically requested the agency provide them on the smallest number of CDs possible, rather than following the agency's CD interim release policy which provided CDs containing 500 pages each at $15 per CD. Under that policy, NSC was charged $65 for five CDs, Truthout was charged $765 for 52 CDs, and Stein was charged $665 for 44 CDs. All three argued that if the agency maximized the amount of information on each CD their costs would be less. Chutkan noted that "plaintiffs raise the possibility that the cost to process a single CD filled to capacity might be less than the cost of processing the same number of pages in 500-page batches. While possible, that scenario is irrelevant to the question at hand�"whether the fee charged for the 500-page CD ($15.00) is in excess of the fee permitted by the regulation: 'the direct costs, including operator time, of producing the copy.' Plaintiffs concede it is not, and point to no authority suggesting that agencies must release documents according to a policy that ensures the lowest possible cost for each requester under any scenario." The plaintiffs argued that since they would continue to make large requests to the agency this policy created a pattern and practice that harmed them. But Chutkan pointed out that "to the contrary, the undisputed facts demonstrate that the IRP provides medium- and large-queue requesters with records faster than if all records were produced simultaneously. . .and that the IRP presents requesters with cost savings over hard copy duplication. Rather than a refusal to supply information, the undisputed facts show that the CD IRP is the FBI's attempt to produce portions of large FOIA requests more expeditiously and economically for the agency and requesters and is consistent with its obligation" to provide records promptly. Civil Division had denied NSC's fee waiver for the data on FOIA litigation assignments, claiming it was public record. But Chutkan observed that NSC would have to find the records at various courthouses and that "this process would pose significant logistical and financial obstacles, as compared to obtaining the materials through FOIA requests." Affirming the agency's denial of the fee waiver, Chutkan agreed that NSC had not shown an ability to disseminate the information. She pointed out that "NSC presented no specific plans to disseminate the information it sought, other than its plan to analyze the information. The theoretical possibility of future articles is insufficient to establish that public understanding will be increased." She added that NSC had failed to "indicate what segment of the public beyond itself may be interested in these highly specific administrative matters."
Issues: Public Interest Fee Waiver, Fees

FOIA Project Annotation: Judge Tanya Chutkan has ruled that the FBI has sufficiently justified its fee policy for producing CDs containing 500 pages each and charging $15 a CD. Journalist Jeffrey Stein had challenged the policy, arguing that it required requesters whose requests were in excess of 500 pages to pay for multiple CDs rather than putting all the pages on one or a smaller number of CDs. All that was left of the case at this point was whether or not the FBI's actual costs for providing the CDs exceeded the cost it was charging. Chutkan explained that "the FBI calculates its direct labor costs to be between $24.50 and $46.00 per CD, which certainly exceeds the $15 it charges per CD. Accordingly, the court finds that the FBI's interim release policy, as implemented through its Integrity program, does not violate FOIA's requirement that an agency recover 'only the direct costs of search, duplication or review.'" Stein argued that because the process was convoluted and cumbersome it was inefficient. Since the case was back before Chutkan on remand from the D.C. Circuit, Chutkan pointed out that "the Circuit ordered the FBI to 'provide a sufficient factual basis upon which the district court can make the determination that the fees assessed under the interim release policy do not exceed direct costs' and remanded the case for 'further proceedings consistent with [its] opinion.' Thus, the only question before this court on remand is whether the FBI's fees exceed its direct costs." As a result, she pointed out that "this court is prohibited from considering the reasonableness of the FBI's direct costs." Chutkan explained that even if she considered the appropriateness of the FBI's costs, Stein had failed "to demonstrate that the FBI's procedures, and therefore the direct costs, are unreasonable." She observed that Stein did not "provide the court with details regarding what a proper, reasonable CD production process entails. Instead, he asserts, without any factual support, that the FBI's 'process serves very little actual purpose' and is 'unnecessarily complex and redundant.' Such conclusory allegations do not create a triable issue of fact."
Issues: Fees

Date Filed	Doc #	Docket Text
2013-04-24	1	COMPLAINT against DEPARTMENT OF JUSTICE ( Filing fee $ 350 receipt number 0090-3294015) filed by NATIONAL SECURITY COUNSELORS, TRUTHOUT, JEFFREY STEIN. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit - LCvR 7.1 certificate (NSC), # 3 Exhibit - LCvR 7.1 certificate (Truthout), # 4 Summons, # 5 Summons, # 6 Summons)(McClanahan, Kelly) (Entered: 04/24/2013)
2013-04-24		Case Assigned to Judge Rudolph Contreras. (kb) (Entered: 04/24/2013)
2013-04-24	2	ELECTRONIC SUMMONS (3) Issued as to DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Summons, # 2 Summons, # 3 Consent Form, # 4 Notice of Consent)(kb) (Entered: 04/24/2013)
2013-04-24	3	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NATIONAL SECURITY COUNSELORS, TRUTHOUT (Attachments: # 1 Exhibit - LCvR 7.1 certificate)(McClanahan, Kelly) (Entered: 04/24/2013)
2013-04-30	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF JUSTICE served on 4/29/2013, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/29/2013., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/29/2013. ( Answer due for ALL FEDERAL DEFENDANTS by 5/29/2013.) (Attachments: # 1 Exhibit)(McClanahan, Kelly) (Entered: 04/30/2013)
2013-05-22	5	NOTICE of Appearance by Jeremy S. Simon on behalf of DEPARTMENT OF JUSTICE (Simon, Jeremy) (Entered: 05/22/2013)
2013-05-23	6	MOTION for Extension of Time to Answer or Otherwise Respond to Complaint by DEPARTMENT OF JUSTICE (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 05/23/2013)
2013-05-29		MINUTE ORDER granting 6 Motion for Extension of Time to Answer or Otherwise Respond to Complaint: Pursuant to Fed. R. Civ. P. 6(b)(1), it is hereby ORDERED that Defendant's answer or other responsive pleading will be due on June 28, 2013. SO ORDERED. Signed by Judge Rudolph Contreras on 5/29/2013. (lcrc3) (Entered: 05/29/2013)
2013-05-30	7	Memorandum in opposition to re 6 MOTION for Extension of Time to Answer or Otherwise Respond to Complaint and Request for Modification of the Court's 5/29/13 Scheduling Order filed by NATIONAL SECURITY COUNSELORS, JEFFREY STEIN, TRUTHOUT. (Attachments: # 1 Exhibit A - Simon-McClanahan email chain, # 2 Exhibit B - Shapiro motion for extension, # 3 Exhibit C - Shapiro order to sever, # 4 Text of Proposed Order)(McClanahan, Kelly) (Entered: 05/30/2013)
2013-05-30		Reset Deadlines: Answer due by 6/28/2013. (tj ) (Entered: 05/30/2013)
2013-06-04	8	REPLY to Opposition re 6 MOTION for Extension of Time and Request for Modification of the Court's May 29, 2013 Order filed by DEPARTMENT OF JUSTICE. (Simon, Jeremy) Modified event title and link on 6/5/2013 (znmw, ). (Entered: 06/04/2013)
2013-06-28	9	ANSWER to Complaint by DEPARTMENT OF JUSTICE.(Simon, Jeremy) (Entered: 06/28/2013)
2013-07-01		MINUTE ORDER: It is hereby ORDERED that the parties shall submit a joint status report including a proposed briefing schedule on or before July 15, 2013. SO ORDERED. Signed by Judge Rudolph Contreras on 7/1/2013. (lcrc3) (Entered: 07/01/2013)
2013-07-09	10	STATUS REPORT (Joint Status Report and Proposed Briefing Schedule) by DEPARTMENT OF JUSTICE. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 07/09/2013)
2013-07-09		MINUTE ORDER re 10 Joint Status Report and Proposed Briefing Schedule: It is hereby ORDERED that the following schedule for the briefing of dispositive motions shall apply to this matter: DOJ's motion for summary judgment is due on August 27, 2013; Plaintiffs' combined opposition and cross-motion is due September 30, 2013; DOJ's reply in support of its motion and opposition to Plaintiffs' cross-motion are due October 30, 2013; and Plaintiffs' reply is due December 2, 2013. SO ORDERED. Signed by Judge Rudolph Contreras on 7/9/2013. (lcrc3) (Entered: 07/09/2013)
2013-08-23	11	Consent MOTION for Extension of Time to File Motion for Summary Judgment and to Adjust Related Deadlines in Briefing Schedule by DEPARTMENT OF JUSTICE (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 08/23/2013)
2013-08-23		MINUTE ORDER granting 11 Consent Motion for Extension of Time: It is hereby ORDERED that the following amended schedule for the briefing of dispositive motions shall apply to this matter: DOJ's motion for summary judgment is due on September 17, 2013; Plaintiffs' combined opposition and cross-motion is due October 21, 2013; DOJ's combined reply in support of its motion and opposition to Plaintiffs' cross-motion is due November 19, 2013; and Plaintiffs' reply is due December 20, 2013. SO ORDERED. Signed by Judge Rudolph Contreras on 8/23/2013. (lcrc3) (Entered: 08/23/2013)
2013-08-27		Set Deadlines: Dispositive Motions due by 9/17/2013; Response to Dispositive Motions due by 10/21/2013; Reply to Dispositive Motions due by 11/19/2013; Cross Motions due by 10/21/2013; Response to Cross Motions due by 11/19/2013; Reply to Cross Motions due by 12/20/2013. (tj) (Entered: 08/27/2013)
2013-09-17	12	MOTION for Summary Judgment , Local Rule 7(h) Statement and Accompanying Memorandum by DEPARTMENT OF JUSTICE (Attachments: # 1 Proposed Order, # 2 Declaration of David M. Hardy, # 3 Declaration of James M. Kovakas)(Simon, Jeremy) (Entered: 09/17/2013)
2013-10-22	13	Consent MOTION for Extension of Time to File Response/Reply as to 12 MOTION for Summary Judgment , Local Rule 7(h) Statement and Accompanying Memorandum by NATIONAL SECURITY COUNSELORS, JEFFREY STEIN, TRUTHOUT (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 10/22/2013)
2013-10-22		MINUTE ORDER granting 13 Consent Motion for Extension of Time: It is hereby ORDERED that Plaintiffs' combined opposition and cross-motion is due November 4, 2013; DOJ's combined reply in support of its motion and opposition to Plaintiffs' cross-motion is due December 3, 2013; and Plaintiffs' reply is due January 3, 2014. SO ORDERED. Signed by Judge Rudolph Contreras on 10/22/2013. (lcrc3) (Entered: 10/22/2013)
2013-11-04	14	Consent MOTION for Extension of Time to File Response/Reply as to 12 MOTION for Summary Judgment , Local Rule 7(h) Statement and Accompanying Memorandum by NATIONAL SECURITY COUNSELORS, JEFFREY STEIN, TRUTHOUT (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 11/04/2013)
2013-11-04		MINUTE ORDER granting 14 Consent Motion for Extension of Time: It is hereby ORDERED that Plaintiffs' combined opposition and cross-motion is due November 6, 2013; DOJ's combined reply in support of its motion and opposition to Plaintiffs' cross-motion is due December 5, 2013; and Plaintiffs' reply is due January 6, 2014. SO ORDERED. Signed by Judge Rudolph Contreras on 11/4/2013. (lcrc3) (Entered: 11/04/2013)
2013-11-07	15	Memorandum in opposition to re 12 MOTION for Summary Judgment , Local Rule 7(h) Statement and Accompanying Memorandum filed by NATIONAL SECURITY COUNSELORS, JEFFREY STEIN, TRUTHOUT. (Attachments: # 1 Exhibit A - Sample OIP appeal records, # 2 Exhibit B - McClanahan declaration, # 3 Exhibit B-1 - Previous request letter, # 4 Exhibit B-2 - Previous supplement, # 5 Exhibit B-3 - Previous denial, # 6 Exhibit C - Civil request email, # 7 Text of Proposed Order)(McClanahan, Kelly) (Entered: 11/07/2013)
2013-11-07	16	MOTION for Partial Summary Judgment , MOTION for Discovery in the Alternative by NATIONAL SECURITY COUNSELORS, JEFFREY STEIN, TRUTHOUT (Attachments: # 1 Exhibit A - Sample OIP appeal records, # 2 Exhibit B - McClanahan declaration, # 3 Exhibit B-1 - Previous request letter, # 4 Exhibit B-2 - Previous supplement, # 5 Exhibit B-3 - Previous denial, # 6 Exhibit C - Civil request email, # 7 Text of Proposed Order)(McClanahan, Kelly) (Entered: 11/07/2013)
2013-11-07	17	Unopposed MOTION for Extension of Time to File Response/Reply as to 12 MOTION for Summary Judgment , Local Rule 7(h) Statement and Accompanying Memorandum (Nunc Pro Tunc) by NATIONAL SECURITY COUNSELORS, JEFFREY STEIN, TRUTHOUT (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 11/07/2013)
2013-11-07		MINUTE ORDER granting 17 Unopposed Motion for Extension of Time: It is hereby ORDERED that the deadline for Plaintiffs' 16 Motion is extended, nunc pro tunc , to November 7, 2013. SO ORDERED. Signed by Judge Rudolph Contreras on 11/7/2013. (lcrc3) (Entered: 11/07/2013)
2013-12-05	18	Memorandum in opposition to re 16 MOTION for Partial Summary Judgment MOTION for Discovery in the Alternative filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Supplemental Declaration of David Hardy, # 2 Proposed Order)(Simon, Jeremy) (Entered: 12/05/2013)
2013-12-05	19	REPLY to opposition to motion re 12 MOTION for Summary Judgment , Local Rule 7(h) Statement and Accompanying Memorandum filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Supplemental Declaration of David Hardy)(Simon, Jeremy) (Entered: 12/05/2013)
2014-01-06	20	Consent MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Partial Summary Judgment MOTION for Discovery in the Alternative by NATIONAL SECURITY COUNSELORS, JEFFREY STEIN, TRUTHOUT (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 01/06/2014)
2014-01-07		MINUTE ORDER granting 20 Consent Motion for Extension of Time: It is hereby ORDERED that Plaintiffs' reply shall be due on January 7, 2014. SO ORDERED. Signed by Judge Rudolph Contreras on 1/7/2014. (lcrc3) (Entered: 01/07/2014)
2014-01-07	21	REPLY to opposition to motion re 16 MOTION for Partial Summary Judgment MOTION for Discovery in the Alternative filed by NATIONAL SECURITY COUNSELORS, JEFFREY STEIN, TRUTHOUT. (McClanahan, Kelly) (Entered: 01/08/2014)
2014-02-25	22	MOTION for Leave to File Additional Exhibit by NATIONAL SECURITY COUNSELORS, JEFFREY STEIN, TRUTHOUT (Attachments: # 1 Exhibit C - 2d McClanahan Declaration, # 2 Text of Proposed Order)(McClanahan, Kelly) (Entered: 02/25/2014)
2014-03-14	23	Memorandum in opposition to re 22 MOTION for Leave to File Additional Exhibit filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Proposed Order, # 2 Argall Declaration)(Simon, Jeremy) (Entered: 03/14/2014)
2014-03-24	24	REPLY to opposition to motion re 22 MOTION for Leave to File Additional Exhibit filed by NATIONAL SECURITY COUNSELORS, JEFFREY STEIN, TRUTHOUT. (Attachments: # 1 Exhibit D - FDPS Operations Guide, App'x L)(McClanahan, Kelly) (Entered: 03/24/2014)
2014-06-10		Case reassigned to Judge Tanya S. Chutkan. Judge Rudolph Contreras no longer assigned to the case. (ztnr, ) (Entered: 06/10/2014)
2014-08-22	25	ORDER: Granting 22 Motion for Leave to File Additional Exhibit. Signed by Judge Tanya S. Chutkan on 8/22/14. (lctsc3, ) (Entered: 08/22/2014)
2014-08-22	26	Additional Exhibits by NATIONAL SECURITY COUNSELORS, JEFFREY STEIN, TRUTHOUT (Attachments: # 1 Declaration of Dennis J. Argall)(Second Declaration of Kelly McClanahan, Esq - main document)(rdj) (Entered: 08/22/2014)
2015-02-18	27	MEMORANDUM AND OPINION. Signed by Judge Tanya S. Chutkan on 2/18/15. (lctsc3) (Entered: 02/18/2015)
2015-02-18	28	ORDER dismissing Counts I and II as moot; granting 12 Defendant's Motion for Summary Judgment as to Counts III and IV; denying 16 Plaintiffs' Motion for Partial Summary Judgment; and denying 16 Plaintiffs' Motion for Discovery. Signed by Judge Tanya S. Chutkan on 2/18/15. (lctsc3) (Entered: 02/18/2015)
2015-04-07	29	Consent MOTION to Stay Fee Petition Deadline by NATIONAL SECURITY COUNSELORS, JEFFREY STEIN, TRUTHOUT (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 04/07/2015)
2015-04-08		MINUTE ORDER: Granting 29 Consent Motion to Stay. In the event Plaintiff does not elect to file an appeal, any bill of costs or fee petition shall be filed not later than 4/30/15. If Plaintiff does elect to file an appeal, any bill of costs or fee petition shall be filed not later than 30 days after a mandate issues from the Court of Appeals or, if necessary, 30 days after a final judgment of this court. Signed by Judge Tanya S. Chutkan on 4/8/15.(DJS) (Entered: 04/08/2015)
2015-04-19	30	NOTICE OF APPEAL TO DC CIRCUIT COURT as to 28 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment, Order on Motion for Discovery,,, by NATIONAL SECURITY COUNSELORS, JEFFREY STEIN. Filing fee $ 505, receipt number 0090-4062141. Fee Status: Fee Paid. Parties have been notified. (McClanahan, Kelly) (Entered: 04/19/2015)
2015-04-20	31	Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date 4/19/15 re 30 Notice of Appeal to DC Circuit Court,. (td, ) (Entered: 04/20/2015)
2015-04-28		USCA Case Number 15-5117 for 30 Notice of Appeal to DC Circuit Court, filed by NATIONAL SECURITY COUNSELORS, JEFFREY STEIN. (md, ) (Entered: 04/29/2015)
2017-04-10	32	MANDATE of USCA as to 30 Notice of Appeal to DC Circuit Court, filed by NATIONAL SECURITY COUNSELORS, JEFFREY STEIN ; USCA Case Number 15-5117. (Attachments: # 1 USCA Order 15-5117)(td) (Entered: 04/10/2017)
2017-04-17		MINUTE ORDER: A status conference is hereby set for May 4, 2017 at 11:15 a.m in Courtroom 2. By May 2, 2017 the parties shall file a jointly proposed schedule, along with a proposed order, for moving forward with this case in light of the Circuit's recent decision. Signed by Judge Tanya S. Chutkan on 4/17/17. (DJS) (Entered: 04/17/2017)
2017-04-17		Set/Reset Deadlines/Hearings: Joint Proposed Briefing Schedule due by 5/2/2017. Status Conference set for 5/4/2017 at 11:15 AM in Courtroom 2 before Judge Tanya S. Chutkan. (tb) (Entered: 04/17/2017)
2017-05-02	33	Joint STATUS REPORT and Proposed Schedule by DEPARTMENT OF JUSTICE. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 05/02/2017)
2017-05-03		MINUTE ORDER: In light of the parties' 33 Joint Status Report, the status conference set for 5/4/17 is hereby vacated. Defendant's renewed motion for summary judgment is due on or before 6/9/17. Plaintiff's opposition and cross-motion is due 7/12/17. Defendant's reply and opposition due 8/2/17. Plaintiff's reply due 8/18/17. Signed by Judge Tanya S. Chutkan on 5/3/2017. (lctsc3) (Entered: 05/03/2017)
2017-05-04		Set/Reset Deadlines: Cross Motions due by 7/12/2017. Response to Cross Motions due by 8/2/2017. Reply to Cross Motions due by 8/18/2017. Summary Judgment motions due by 6/9/2017. Response to Motion for Summary Judgment due by 7/12/2017. Reply to Motion for Summary Judgment due by 8/2/2017. (tb) (Entered: 05/04/2017)
2017-06-09	34	MOTION for Summary Judgment (Defendant's Renewed Motion for Summary Judgment, Local Rule 7(h) Statement and Supporting Memorandum) by DEPARTMENT OF JUSTICE (Attachments: # 1 Proposed Order, # 2 Third Declaration of David M. Hardy)(Simon, Jeremy) (Entered: 06/09/2017)
2017-07-12	35	MOTION for Extension of Time to File Response/Reply as to 34 MOTION for Summary Judgment (Defendant's Renewed Motion for Summary Judgment, Local Rule 7(h) Statement and Supporting Memorandum) by NATIONAL SECURITY COUNSELORS, JEFFREY STEIN (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 07/12/2017)
2017-07-13		MINUTE ORDER granting 35 Motion for Extension of Time to File Response/Reply. Plaintiff's response due July 19, 2017. Going forward, all proposed orders shall include the proposed deadlines. Signed by Judge Tanya S. Chutkan on 7/13/17. (DJS) (Entered: 07/13/2017)
2017-07-14		Set/Reset Deadlines: Plaintiff's response due by 7/19/2017. (gdf) (Entered: 07/14/2017)
2017-07-19	36	MOTION to Stay re 34 MOTION for Summary Judgment (Defendant's Renewed Motion for Summary Judgment, Local Rule 7(h) Statement and Supporting Memorandum) by NATIONAL SECURITY COUNSELORS, JEFFREY STEIN (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 07/19/2017)
2017-07-24		MINUTE ORDER: To the extent Defendant opposes Plaintiffs' Motion to Stay 36 , Defendant shall file its opposition (of not more than five pages) by 7/28/17. Signed by Judge Tanya S. Chutkan on 7/24/17. (DJS) (Entered: 07/24/2017)
2017-07-25		Set/Reset Deadlines: Response due by 7/28/2017. (tb) (Entered: 07/25/2017)
2017-07-28	37	Memorandum in opposition to re 36 MOTION to Stay re 34 MOTION for Summary Judgment (Defendant's Renewed Motion for Summary Judgment, Local Rule 7(h) Statement and Supporting Memorandum) filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 07/28/2017)
2017-08-11	38	NOTICE of New Development by NATIONAL SECURITY COUNSELORS, JEFFREY STEIN, TRUTHOUT re 36 MOTION to Stay re 34 MOTION for Summary Judgment (Defendant's Renewed Motion for Summary Judgment, Local Rule 7(h) Statement and Supporting Memorandum) (McClanahan, Kelly) (Entered: 08/11/2017)
2017-08-14		MINUTE ORDER: Finding as moot 36 Motion to Stay in light of the Circuit's denial of Plaintiffs' motion to recall the mandate. Having considered the parties' proposed schedule 38 , it is hereby ordered that the parties shall adhere to the following deadlines: Plaintiffs' Opposition to Defendant's 34 Motion for Summary Judgment and Cross-Motion, if any, due by August 22, 2017. Defendant's Reply and Opposition, if necessary, due September 15, 2017. Plaintiffs' Reply, if necessary, due September 29, 2017. Signed by Judge Tanya S. Chutkan on 8/14/17. (DJS) (Entered: 08/14/2017)
2017-08-16		Set/Reset Deadlines: Cross Motion due by 8/22/2017. Response to Cross Motion due by 9/15/2017. Reply to Cross Motion due by 9/29/2017. Response to Motion for Summary Judgment due by 8/22/2017. Reply to Motion for Summary Judgment due by 9/15/2017. (tb) (Entered: 08/16/2017)
2017-08-23	39	Memorandum in opposition to re 34 MOTION for Summary Judgment (Defendant's Renewed Motion for Summary Judgment, Local Rule 7(h) Statement and Supporting Memorandum) filed by NATIONAL SECURITY COUNSELORS, JEFFREY STEIN. (Attachments: # 1 Exhibit A - Circuit Order, # 2 Exhibit B - 11-443 transcript, # 3 Text of Proposed Order)(McClanahan, Kelly) (Entered: 08/23/2017)
2017-08-23	40	Cross MOTION for Summary Judgment by NATIONAL SECURITY COUNSELORS, JEFFREY STEIN (Attachments: # 1 Exhibit A - Circuit Order, # 2 Exhibit B - 11-443 transcript, # 3 Text of Proposed Order)(McClanahan, Kelly) (Entered: 08/23/2017)
2017-09-14	41	Memorandum in opposition to re 40 Cross MOTION for Summary Judgment (Defendant's Reply in Support of Renewed Motion for Summary Judgment and Opposition to Cross-Motion) filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 09/14/2017)
2017-09-14	42	REPLY to opposition to motion re 34 MOTION for Summary Judgment (Defendant's Renewed Motion for Summary Judgment, Local Rule 7(h) Statement and Supporting Memorandum) (duplicate of Docket Number 41) filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 09/14/2017)
2017-09-29	43	REPLY to opposition to motion re 40 Cross MOTION for Summary Judgment filed by NATIONAL SECURITY COUNSELORS, JEFFREY STEIN. (McClanahan, Kelly) (Entered: 09/29/2017)
2018-03-31	44	MEMORANDUM AND OPINION re 34 Defendant's Renewed Motion for Summary Judgment; 40 Plaintiff Stein's Cross-motion for Summary Judgment. Signed by Judge Tanya S. Chutkan on 3/31/18. (DJS) (Entered: 03/31/2018)
2018-03-31	45	ORDER granting 34 Defendant's Renewed Motion for Summary Judgment; denying 40 Plaintiff Stein's Motion for Summary Judgment. Signed by Judge Tanya S. Chutkan on 3/31/18. (DJS) (Entered: 03/31/2018)
2018-05-30	46	NOTICE OF APPEAL TO DC CIRCUIT COURT as to 45 Order on Motion for Summary Judgment, by NATIONAL SECURITY COUNSELORS, JEFFREY STEIN. Filing fee $ 505, receipt number 0090-5508140. Fee Status: Fee Paid. Parties have been notified. (McClanahan, Kelly) (Entered: 05/30/2018)
2018-05-31	47	Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date 5/30/18 re 46 Notice of Appeal to DC Circuit Court,. (ztd) (Entered: 05/31/2018)
2018-06-01		USCA Case Number 18-5171 for 46 Notice of Appeal to DC Circuit Court, filed by NATIONAL SECURITY COUNSELORS, JEFFREY STEIN. (ztd) (Entered: 06/01/2018)
2019-02-28	48	MANDATE of USCA as to 46 Notice of Appeal to DC Circuit Court, filed by NATIONAL SECURITY COUNSELORS, JEFFREY STEIN ; USCA Case Number 18-5171. (Attachments: # 1 USCA Order)(ztd) (Entered: 03/07/2019)
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