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Case TitleRodriguez v. U.S. Department of Justice et al
DistrictSouthern District of California
CitySan Diego
Case Number3:2014cv00958
Date Filed2014-04-17
Date Closed2018-04-18
JudgeJudge Thomas J. Whelan
PlaintiffConstantino Canelos Rodriguez an individual
Case DescriptionConstantino Canelos Rodriguez, a Mexican citizen, submitted a FOIA request to the Drug Enforcement Administration for all records concerning himself. The agency located a file and released two pages to Rodriguez. The agency further indicated that there appeared to be other potentially responsive records, but that he should make another request for them. He requested a further search and provided a time-frame and the incident in which he was interested. The agency then told Rodriguez that its search had uncovered an additional 11 related files that it would not search until he agreed to pay $1,120 in estimated search fees. Rodriguez paid the $1,120 estimated fee and the agency acknowledged receipt of the payment. Nearly three years later, the agency denied Rodriguez's request, withholding 193 pages under Exemption 7(C) (invasion of privacy concerning law enforcement records), Exemption 7(D) (confidential sources), Exemption 7(E) (investigative methods and techniques), and Exempti8on 7(F) (harm to any person's safety). Rodriguez appealed the denial and asked for an accounting of the actual costs. The agency upheld the denial. Rodriguez then filed suit.
Complaint issues: Exemption 7 - Law enforcement records, Fees

DefendantU.S. Department of Justice and its component Drug Enforcement Agency
DefendantDrug Enforcement Agency
DefendantFederal Bureau of Investigation
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [8]
Opinion/Order [84]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-04-171COMPLAINT with Jury Demand against Drug Enforcement Agency, U.S. Department of Justice ( Filing fee $ 400 receipt number 0974-6949944.), filed by Constantino Canelos Rodriguez. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit's 1-10) The new case number is 3:14-cv-00958-W-BLM. Judge Thomas J. Whelan and Magistrate Judge Barbara Lynn Major are assigned to the case. (Ayers, Jimmy)(cxl) (cap). (Entered: 04/17/2014)
2014-04-172Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (cxl) (cap). (Entered: 04/17/2014)
2014-05-123SUMMONS Returned Executed by Constantino Canelos Rodriguez. All Defendants served., SUMMONS Returned Executed by Constantino Canelos Rodriguez. All Defendants served. (Gutierrez-Herrera, Adriana). (jah). (Entered: 05/12/2014)
2014-05-294ANSWER to 1 Complaint, by Drug Enforcement Agency, U.S. Department of Justice. (Attachments: # 1 Proof of Service)(Parker, Katherine)Attorney Katherine Lind Parker added to party Drug Enforcement Agency (pty:dft), Attorney Katherine Lind Parker added to party U.S. Department of Justice (pty:dft) (cap). (Entered: 05/29/2014)
2014-05-295NOTICE AND ORDER for Early Neutral Evaluation Conference. An Early Neutral Evaluation will be held on 7/2/2014 09:30 AM in the chambers of Magistrate Judge Barbara Lynn Major. Signed by Magistrate Judge Barbara Lynn Major on 5/29/14. (cap) (Entered: 05/29/2014)
2014-06-276ORDER Converting Early Neutral Evaluation Conference To Telephonic Early Neutral Evaluation Conference. The Court finds it appropriate to convert the Early Neutral Evaluation Conference scheduled for July 2, 2014 at 9:30 a.m. to a telephonic, attorneys-only Early Neutral Evaluation Conference on the same date at the same time. The Court will initiate the call. Signed by Magistrate Judge Barbara Lynn Major on 6/27/14.(dlg) (Entered: 06/27/2014)
2014-07-027Minute Entry for proceedings held before Magistrate Judge Barbara Lynn Major: (T)Early Neutral Evaluation Conference held on 7/2/2014. Case did not settle. Order to follow. (Plaintiff Attorney Jimmy Ray Ayers). (Defendant Attorney Katherine Lind Parker). (no document attached) (bll) Modified on 8/18/2014 to correct file date(mnb). (Entered: 07/07/2014)
2014-07-078Order Following ENE. Early Neutral Evaluation Conference held on 7/2/14. Telephonic Case Management Conference set for 8/11/2014 9:00 AM before Magistrate Judge Barbara Lynn Major. Telephonic Early case management Conference will be also held on 11/3/14 @9:00 AM before Magistrate Judge Barbara Lynn Major.. Signed by Magistrate Judge Barbara Lynn Major on 7/7/2014.(av1) (Entered: 07/07/2014)
2014-07-099Joint MOTION for Leave to File First Amended Complaint by Constantino Canelos Rodriguez. (Attachments: # 1 Exhibit No. 1 [First Amended Complaint], # 2 Proof of Service)(Gutierrez-Herrera, Adriana)Attorney Adriana Gutierrez-Herrera added to party Constantino Canelos Rodriguez(pty:pla)(av1). (Entered: 07/09/2014)
2014-07-1110ORDER granting 9 Motion for Leave to File first amended complaint. Plaintiff to file the first amended complaint on or before July 18, 2014.. Signed by Judge Thomas J. Whelan on 7/11/14. (av1) (Entered: 07/11/2014)
2014-07-1711AMENDED COMPLAINT with Jury Demand against Drug Enforcement Agency, U.S. Department of Justice, Federal Bureau of Investigation, filed by Constantino Canelos Rodriguez.New Summons Requested. (Gutierrez-Herrera, Adriana) (av1). (Entered: 07/17/2014)
2014-07-1812Amended Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (av1) (Entered: 07/18/2014)
2014-08-0513Order resetting telephonic Mandatory Settlement Conference to 8/13/2014 09:00 AM before Magistrate Judge Barbara Lynn Major. The Court will initiate the call. Signed by Magistrate Judge Barbara Lynn Major on 8/5/14.(av1) (Entered: 08/05/2014)
2014-08-1314Minute Entry for proceedings held before Magistrate Judge Barbara Lynn Major: (T)Case Management Conference held on 8/13/2014. Case did not settle. No order to follow.(Plaintiff Attorney Adriana Gutierrez-Herrera). (Defendant Attorney Katherine Lind Parker). (no document attached) (bll) (Entered: 08/13/2014)
2014-09-2915ANSWER to 11 Amended Complaint by U.S. Department of Justice, Federal Bureau of Investigation, Drug Enforcement Agency. (Attachments: # 1 Proof of Service)(Parker, Katherine)Attorney Katherine Lind Parker added to party Federal Bureau of Investigation(pty:dft) (jpp). (Entered: 09/29/2014)
2014-09-3016Ex Parte MOTION for Extension of Time to File Vaughn Index and Declaration (Unopposed) by Drug Enforcement Agency, U.S. Department of Justice. (Attachments: # 1 Proof of Service)(Parker, Katherine) (jpp). (Entered: 09/30/2014)
2014-10-0217ORDER granting 16 unopposed ex parte application seeking extension of time to provide Vaughn declaration and index. Signed by Magistrate Judge Barbara Lynn Major on 10/02/14. (jpp) (Entered: 10/02/2014)
2014-10-2818Ex Parte MOTION for Extension of Time to File Vaughn Declaration and Index by Drug Enforcement Agency, U.S. Department of Justice. (Attachments: # 1 Proof of Service)(Parker, Katherine) (jpp). (Entered: 10/28/2014)
2014-10-3019ORDER granting 18 ex parte application seeking extension of time to provide Vaughn declaration and index. The telephonic case management conference to discuss the Vaughn declaration and index and the status of the litigation as to the DEAs FOIA response is continued from December 1, 2014 at 9:00 a.m. to January 5, 2015 at 9:15 a.m.. Signed by Magistrate Judge Barbara Lynn Major on 10/30/2014. (jpp) (Entered: 10/30/2014)
2014-11-2820Ex Parte MOTION for Extension of Time to File Vaughn Declaration and Index by Drug Enforcement Agency, U.S. Department of Justice. (Attachments: # 1 Proof of Service)(Parker, Katherine) (jpp). (Entered: 11/28/2014)
2014-12-0321ORDER granting 20 ex parte application seeking extension of time to provide Vaughn Declaration and index. The telephonic case management conference to discuss the Vaughn declaration and index and the status of the litigation as to the DEAs FOIA response is continued from January 5, 2015 at 9:15 a.m. to January 20, 2015 at 2:00 p.m.. Signed by Magistrate Judge Barbara Lynn Major on 12/03/2014. (jpp) (Entered: 12/03/2014)
2014-12-0322ORDER resetting Telephonic Case Management Conference to 1/20/2015 09:30 AM before Magistrate Judge Barbara Lynn Major. Signed by Magistrate Judge Barbara Lynn Major on 12/03/2014.(jpp) (Entered: 12/04/2014)
2015-01-2023Minute Entry for proceedings held before Magistrate Judge Barbara Lynn Major: (T)Case Management Conference held on 1/20/2015. Case did not settle. Order to follow. (Plaintiff Attorney Adriana Gutierrez-Herrera, Morgan Scudi). (Defendant Attorney Katherine Lind Parker). (no document attached) (bll) (Entered: 01/20/2015)
2015-01-2024ORDER following Telephonic Case Management Conference held 01/20/2015. Signed by Magistrate Judge Barbara Lynn Major on 01/20/2015.(jpp) (Entered: 01/20/2015)
2015-02-0925Joint MOTION to File Documents Under Seal (With attachments)(Gutierrez-Herrera, Adriana). (jah). (Entered: 02/09/2015)
2015-02-0926[FILED AS SEALED DOCUMENT ON 2/24/2015] SEALED LODGED Proposed Document re: 25 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Gutierrez-Herrera, Adriana). (jah). (Main Document 26 replaced on 2/25/2015) (jah). Modified on 2/25/2015 - Added file date of lodgment (jah). (Entered: 02/09/2015)
2015-02-0927Joint MOTION Regarding Discovery Dispute and Case Scheduling, and Exhibits A through D attached thereto. PUBLIC VERSION by Constantino Canelos Rodriguez. (Gutierrez-Herrera, Adriana) (jpp). (Entered: 02/09/2015)
2015-02-2528ORDER ruling on Joint Statement regarding discovery dispute and case scheduling and granting joint motion to file documents under seal. (ECF Nos. 25 & 27 ). Signed by Magistrate Judge Barbara Lynn Major on 02/24/15. (jpp) (Entered: 02/25/2015)
2015-03-1031Ex Parte MOTION for Extension of Time to File Vaughn Index and Summary Judgment Motion (Unopposed) by Drug Enforcement Agency, Federal Bureau of Investigation, U.S. Department of Justice. (Attachments: # 1 Proof of Service)(Parker, Katherine) (jpp). (Entered: 03/10/2015)
2015-03-1032ORDER granting 31 ex parte application seeking one-week extension of deadlines. Signed by Magistrate Judge Barbara Lynn Major on 3/10/2015. (jpp) (Entered: 03/11/2015)
2015-03-1233ORDER setting briefing schedule. Plaintiff shall file his motion for reconsideration on or before March 16, 2015. Defendants shall file their opposition on or before March 23, 2015. Plaintiff shall file his reply, if any, on or before March 25, 2015. Signed by Magistrate Judge Barbara Lynn Major on 03/12/2015.(jpp) (Entered: 03/12/2015)
2015-03-1634MOTION to File Documents Under Seal (With attachments)(Gutierrez-Herrera, Adriana)(sjt). (Entered: 03/16/2015)
2015-03-1635(Filed as Sealed Document 40 on 4/10/2015) SEALED LODGED Proposed Document re: 34 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Gutierrez-Herrera, Adriana) (sjt). (Main Document 35 replaced on 4/10/2015) (sjt). Modified to add filing date of lodgement on 4/10/2015 (sjt). (Entered: 03/16/2015)
2015-03-1636Ex Parte MOTION for Reconsideration re 28 Order on Motion for Miscellaneous (Other 1) Joint Statement Regarding Discory Dispute by Constantino Canelos Rodriguez. (Attachments: # 1 Declaration of Adriana Gutierrez-Herrera and Exhibits No. 1 and 2 thereto [Public Version], # 2 Proof of Service)(Gutierrez-Herrera, Adriana) (jpp). (Entered: 03/16/2015)
2015-03-2337RESPONSE in Opposition re 36 Ex Parte MOTION for Reconsideration re 28 Order on Motion for Miscellaneous (Other 1) Joint Statement Regarding Discory Dispute filed by Drug Enforcement Agency, Federal Bureau of Investigation, U.S. Department of Justice. (Attachments: # 1 Proof of Service)(Parker, Katherine) (jpp). (Entered: 03/23/2015)
2015-03-2538RESPONSE in Support re 36 Ex Parte MOTION for Reconsideration re 28 Order on Motion for Miscellaneous (Other 1) Joint Statement Regarding Discory Dispute filed by Constantino Canelos Rodriguez. (Attachments: # 1 Proof of Service)(Gutierrez-Herrera, Adriana) (jpp). (Entered: 03/25/2015)
2015-04-1041ORDER denying motion for reconsideration and granting motion to file documents under seal (ECF Nos. 34 & 36 . Signed by Magistrate Judge Barbara Lynn Major on 04/10/2015.(jpp) (Entered: 04/10/2015)
2015-04-1742MOTION for Summary Judgment by Drug Enforcement Agency, Federal Bureau of Investigation, U.S. Department of Justice. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Phyllis Scott-Drewery (DEA), # 3 Exhibit Exh. A-R to Scott-Drewery Declaration, # 4 Declaration of David M. Hardy (FBI), # 5 Exhibit Exh. A-E to Hardy Declaration, # 6 Exhibit Exh. F to Hardy Declaration, # 7 Exhibit FBI Vaughn Index, # 8 Declaration of Fernando Piniero (ICE) with Exhibits, # 9 Proof of Service)(Parker, Katherine) (jpp). (Entered: 04/17/2015)
2015-04-2043NOTICE Regarding Exhibit Attachment by Drug Enforcement Agency, Federal Bureau of Investigation, U.S. Department of Justice re 42 MOTION for Summary Judgment (Attachments: # 1 Exhibit A-E to the Declaration of David Hardy, # 2 Exhibit F to the Declaration of David Hardy, # 3 Proof of Service)(Parker, Katherine) . Modified on 4/20/2015 to replace images for attachments 1 and 2, nef resent to all parties. (jpp). (Entered: 04/20/2015)
2015-05-0444MOTION to File Documents Under Seal (With attachments)(Gutierrez-Herrera, Adriana). (jah). (Entered: 05/04/2015)
2015-05-0445[FILED AS SEALED AS DOCUMENT ON 5/6/2015] SEALED LODGED Proposed Document re: 44 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Gutierrez-Herrera, Adriana). (jah). Modified on 5/6/2015 - Added file date of lodgment (jah). (Main Document 45 replaced on 5/6/2015) (jah). (Entered: 05/04/2015)
2015-05-0446RESPONSE in Opposition re 42 MOTION for Summary Judgment filed by Constantino Canelos Rodriguez. (Attachments: # 1 Declaration of Constantino Canelos Rodriguez, # 2 Exhibit No. 1 to Declaration, # 3 Objections to Declaration of Phyllis M. Scott-Drewery, # 4 Proof of Service)(Gutierrez-Herrera, Adriana) (jpp). (Entered: 05/04/2015)
2015-05-0547NOTICE Regarding Exhibit Attachment by Drug Enforcement Agency (Attachments: # 1 Exhibit DEA Vaughn Index, # 2 Declaration of Katherine L. Parker, # 3 Proof of Service)(Parker, Katherine) (jpp). (Entered: 05/05/2015)
2015-05-0648Ex Parte MOTION for Extension of Time to File Response/Reply in Support of Summary Judgment Motion by Drug Enforcement Agency, Federal Bureau of Investigation, U.S. Department of Justice. (Attachments: # 1 Proof of Service)(Parker, Katherine) (jpp). (Entered: 05/06/2015)
2015-05-0649Joint MOTION for Extension of Time to File Response/Reply Brief to Summary Judgment Motion by Constantino Canelos Rodriguez. (Attachments: # 1 Proof of Service)(Gutierrez-Herrera, Adriana) (jpp). (Entered: 05/06/2015)
2015-05-0650ORDER granting Plaintiff's 44 Motion to File Documents Under Seal. The unredacted documents are to be sealed. Signed by Judge Thomas J. Whelan on 5/6/2015. (jah) (Entered: 05/06/2015)
2015-05-0652MOTION to File Documents Under Seal (With attachments)(Gutierrez-Herrera, Adriana). (jah). (Entered: 05/06/2015)
2015-05-0653(Filed as Sealed Document 57 on 5/7/2015) SEALED LODGED Proposed Document re: 52 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Gutierrez-Herrera, Adriana). (jah). (Main Document 53 replaced on 5/7/2015) (sjt). Modified to add filing date of lodgement on 5/7/2015 (sjt). (Entered: 05/06/2015)
2015-05-0654MOTION for Summary Judgment by Constantino Canelos Rodriguez. (Attachments: # 1 Memo of Points and Authorities [Redacted], # 2 Declaration of Adriana Gutierrez-Herrera, # 3 Exhibit 1 to 3, # 4 Proof of Service)(Gutierrez-Herrera, Adriana) (jpp). (Entered: 05/06/2015)
2015-05-0755ORDER granting 49 Joint Motion for Extension of parties' time to file reply briefs. Defendants shall file their reply to Plaintiffs opposition no later than Monday, May 18, 2015. If Defendants timely file an opposition to Plaintiffs cross-motion for summary judgment, Plaintiff shall file its reply brief no later than Monday, June 8, 2015. Signed by Judge Thomas J. Whelan on 05/07/2015. (jpp) (Entered: 05/07/2015)
2015-05-0756ORDER granting 52 Motion to File Documents Under Seal. Signed by Judge Thomas J. Whelan on 5/7/2015. (sjt) (Entered: 05/07/2015)
2015-05-1858REPLY to Response to Motion re 42 MOTION for Summary Judgment (Public Redacted Version) filed by Drug Enforcement Agency, Federal Bureau of Investigation, U.S. Department of Justice. (Attachments: # 1 Declaration of Phyllis Scott-Drewery (Redacted), # 2 Exhibit DEA's Supplemental Vaughn Index, # 3 Declaration of Katherine L. Parker, # 4 Proof of Service)(Parker, Katherine) (cxl). (Entered: 05/18/2015)
2015-05-1859MOTION to File Documents Under Seal (With attachments)(Parker, Katherine) (sjt). (Entered: 05/18/2015)
2015-05-1860[FILED AS SEALED DOCUMENT ON 5/19/2015] SEALED LODGED Proposed Document re: 59 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Parker, Katherine) (sjt). (Main Document 60 replaced on 5/19/2015) (jah). Modified on 5/19/2015 - Added file date of lodgment (jah). (Entered: 05/18/2015)
2015-05-1961ORDER granting Defendants' 59 Motion to File Documents Under Seal. The unredacted versions of the documents are to be sealed. Signed by Judge Thomas J. Whelan on 5/19/2015. (jah) (Entered: 05/19/2015)
2015-05-2163RESPONSE in Opposition re 54 MOTION for Summary Judgment filed by Drug Enforcement Agency, Federal Bureau of Investigation, U.S. Department of Justice. (Attachments: # 1 Proof of Service)(Parker, Katherine) (jpp). (Entered: 05/21/2015)
2015-06-0864MOTION to File Documents Under Seal (With attachments)(Gutierrez-Herrera, Adriana). (jah). (Entered: 06/08/2015)
2015-06-0865[FILED AS SEALED DOCUMENT ON 6/12/2015] SEALED LODGED Proposed Document re: 64 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Gutierrez-Herrera, Adriana). (jah). Modified on 6/12/2015 - Added file date of lodgment (jah). (Main Document 65 replaced on 6/12/2015) (jah). (Entered: 06/08/2015)
2015-06-0866RESPONSE in Support re 54 MOTION for Summary Judgment [Redacted Public Version] filed by Constantino Canelos Rodriguez. (Attachments: # 1 Supplement, # 2 Proof of Service)(Gutierrez-Herrera, Adriana) (jpp). (Entered: 06/08/2015)
2015-06-1267ORDER granting Plaintiff's 64 Motion to File Reply Brief Under Seal. Signed by Judge Thomas J. Whelan on 6/12/2015. (jah) (Entered: 06/12/2015)
2015-10-1469ORDER (1) requiring the DOJ to file a more detailed Vaughn Index on behalf of the DEA; and (2) requiring the DOJ to file properly paginated copies of the partially released documents referenced in the Vaughn Indices of the DEA and ICE (Docs. 47-1, 58-2; Doc. 42-8). Signed by Judge Thomas J. Whelan on 10/14/2015.(jpp) (Entered: 10/14/2015)
2015-11-1370NOTICE Regarding Exhibit Attachment by Drug Enforcement Agency in response to Court's Order (Attachments: # 1 Exhibit Revised Vaughn Index, # 2 Proof of Service)(Parker, Katherine) (jpp). (Entered: 11/13/2015)
2015-11-1871NOTICE Regarding Exhibit Attachment by U.S. Department of Justice in response to Court's October 14, 2015 Order (Attachments: # 1 Exhibit DEA's partially released pages, # 2 Proof of Service)(Parker, Katherine) (jpp). (Entered: 11/18/2015)
2015-11-2372Ex Parte MOTION for Leave to File Supplemental Brief Re: MSJ by Constantino Canelos Rodriguez. (Attachments: # 1 Proof of Service)(Ayers, Jimmy) (jpp). (Entered: 11/23/2015)
2015-11-2473ORDER (1) denying 72 Plaintiff's ex parte application to file a supplemental brief; and (2) requiring in camera review of the documents for which the dea claims FOIA exemption. Signed by Judge Thomas J. Whelan on 11/24/2015. (jpp) (Entered: 11/24/2015)
2016-01-0474ORDER Regarding In Camera Review Documents. Documents Bates-stamped DEA-0001 through DEA-0195, submitted by the DOJ on behalf of the DEA, are marked as Court's Exhibit 1 and are to be filed under seal. The documents are not be released to any party without further Order of the Court. Signed by Judge Thomas J. Whelan on 1/4/2016. (jah) (Entered: 01/05/2016)
2016-01-0876ORDER: (1) Granting 42 Defendants' Motion for Partial Summary Judgment; and (2) Denying 54 Plaintiff's Motion for Partial Summary Judgment. Defendants' motion for partial summary judgment as to Plaintiff's first cause of action, for injunctive relief pursuant to FOIA, is granted. Plaintiff's motion for partial summary judgment is denied. The documents submitted by the DEA for in camera review on December 14, 2015, are marked as "Court's Exhibit 1" and FILED UNDER SEAL. These documents are not be released to any party without further Order of the Court. Signed by Judge Thomas J. Whelan on 1/8/2016. (jao) (Entered: 01/08/2016)
2016-02-0577Ex Parte MOTION for Reconsideration by Constantino Canelos Rodriguez. (Attachments: # 1 Proof of Service)(Ayers, Jimmy) Mailer sent re signature on 2/8/2016 (jao). (Entered: 02/05/2016)
2016-02-0578DECLARATION re 77 Ex Parte MOTION for Reconsideration by Plaintiff Constantino Canelos Rodriguez. (Attachments: # 1 Proof of Service)(Ayers, Jimmy) (jao). (Entered: 02/05/2016)
2016-02-1279ORDER Granting 77 Plaintiff's Ex Parte Motion for Leave to File A Motion For Reconsideration or Clarification. Plaintiff must file its motion for reconsideration or clarification on or before Friday, February 19, 2016. The points and authorities may not exceed 25 pages. Any opposition is due on or before Friday, March 4, 2016. The points and authorities may not exceed 25 pages. Plaintiff's reply, if any, is due on or before Friday, March 11, 2016. The points and authorities may not exceed 10 pages. Signed by Judge Thomas J. Whelan on 2/12/2016. (jao) (Entered: 02/12/2016)
2016-02-1980MOTION to File Documents Under Seal (With attachments)(Scudi, Morgan). (jah). (Entered: 02/19/2016)
2016-02-1981STRICKEN PER 3/2/2016 ORDER 84 - SEALED LODGED Proposed Document re: 80 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Scudi, Morgan). (jah). Modified on 3/2/2016 - Denied to sealing. Ordered stricken, images removed (jah). (Main Document 81 replaced on 3/2/2016) (jah). (Entered: 02/19/2016)
2016-02-2582ORDER (1) Setting Briefing Schedule re 80 MOTION to File Documents Under Seal; and (2) Continuing All Filing Deadlines on Plaintiff's Motion for Reconsideration. The Court interprets Plaintiff's motion as an ex parte application to seal the documents in question. Defendants must file a response to the ex parte application, if any, by Monday, February 29, 2016. In light of Plaintiff's motion to file documents under seal, all filing deadlines on Plaintiff's motion for reconsideration (See Feb. 12, 2016, Order [Doc. 79]) are continued until further order of the Court. Signed by Judge Thomas J. Whelan on 2/25/2016.(jao) (Entered: 02/25/2016)
2016-02-2983RESPONSE in Opposition re 80 MOTION to File Documents Under Seal filed by Drug Enforcement Agency, Federal Bureau of Investigation, U.S. Department of Justice. (Attachments: # 1 Proof of Service)(Parker, Katherine) (jao). (Entered: 02/29/2016)
2016-03-0284ORDER denying without Plaintiff's 80 Ex Parte Motion to File Documents Under Seal. The 81 Sealed Lodged Proposed Documents are stricken from the docket. If Plaintiff wishes to refile a motion for reconsideration, he must contact Chambers to obtain a hearing date. Signed by Judge Thomas J. Whelan on 3/2/2016. (jah) (Entered: 03/02/2016)
2016-03-2485**Document Stricken** MOTION for Reconsideration by Constantino Canelos Rodriguez. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration Morgan J.C. Scudi, # 3 Declaration Constantino, # 4 Proof of Service)(Ayers, Jimmy) (nbp) (Main Document 85 replaced on 5/4/2016) (jao). (Entered: 03/24/2016)
2016-03-2486MOTION to File Documents Under Seal (With attachments)(Ayers, Jimmy). (jah). (Entered: 03/24/2016)
2016-03-2487**Document Stricken** SEALED LODGED Proposed Document re: 86 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Ayers, Jimmy). (jah). (Main Document 87 replaced on 5/4/2016) (jao). (Entered: 03/24/2016)
2016-03-2588ORDER (1) Staying Motion for Reconsideration (Doc. 85 ); and (2) Vacating Hearing Date on Motion for Reconsideration (Doc. 85 .) Pending resolution of the motion to seal, Defendants do not have access to an unredacted copy of the motion for reconsideration. As such, the motion for reconsideration is stayed pending resolution of the motion to file under seal. The May 2, 2016 hearing date on the motion for reconsideration is vacated until further order. Signed by Judge Thomas J. Whelan on 3/25/2016.(nbp) (jao). (Entered: 03/25/2016)
2016-04-1889RESPONSE to Motion re 86 MOTION to File Documents Under Seal filed by Drug Enforcement Agency, Federal Bureau of Investigation, U.S. Department of Justice. (Attachments: # 1 Proof of Service)(Parker, Katherine) (jao). (Entered: 04/18/2016)
2016-04-1990NOTICE by Drug Enforcement Agency, Federal Bureau of Investigation, U.S. Department of Justice re 89 Response to Motion Notice of Correction (Attachments: # 1 Proof of Service)(Parker, Katherine) (jao). (Entered: 04/19/2016)
2016-05-0491ORDER (1) Denying 86 Motion to File Documents Under Seal; and (2) Striking 85 Plaintiff's Redacted Motion for Reconsideration and 87 Sealed Lodged Proposed Document. If Plaintiff wishes to refile a motion for reconsideration, he must contact chambers to obtain a hearing date. Signed by Judge Thomas J. Whelan on 5/4/2016. (jao) (Entered: 05/04/2016)
2016-05-2792MOTION for Reconsideration re 76 Order on Motion for Summary Judgment,,,,, by Constantino Canelos Rodriguez. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration Constantino Canelos, # 3 Declaration Morgan J.C. Scudi, # 4 Proof of Service)(Scudi, Morgan) (jao). (Entered: 05/27/2016)
2016-06-2793RESPONSE in Opposition re 92 MOTION for Reconsideration re 76 Order on Motion for Summary Judgment,,,,, filed by Drug Enforcement Agency, Federal Bureau of Investigation, U.S. Department of Justice. (Attachments: # 1 Declaration of Katherine L. Parker, # 2 Proof of Service)(Parker, Katherine) (jao). (Entered: 06/27/2016)
2016-06-2794OBJECTION by Drug Enforcement Agency, Federal Bureau of Investigation, U.S. Department of Justice re 92 MOTION for Reconsideration re 76 Order on Motion for Summary Judgment,,,,, Declaration of Constantino Canelos Rodriguez . (Attachments: # 1 Proof of Service)(Parker, Katherine) (jao). (Entered: 06/27/2016)
2016-06-3095REPLY to Response to Motion re 92 MOTION for Reconsideration re 76 Order on Motion for Summary Judgment filed by Constantino Canelos Rodriguez. (Attachments: # 1 Proof of Service)(Scudi, Morgan) (jao). (Entered: 06/30/2016)
2016-07-1196ORDER: (1) Clarifying Prior Order As to Segregability; (2) Denying 92 Plaintiff's Motion for Reconsideration; and (3) Overruling As Moot Defendants' Objections. Signed by Judge Thomas J. Whelan on 7/11/2016. (jao) (Entered: 07/11/2016)
2018-03-2097Notice of Hearing - Dismissal for Want of Prosecution Pursuant to LR 41.1. Dismissal for Want of Prosecution Pursuant to LR 41.1 Hearing set for 4/23/2018 10:30 AM in Courtroom 3C before Judge Thomas J. Whelan. (bjb) (Entered: 03/20/2018)
2018-04-1798Joint MOTION to Dismiss Action Without Prejudice by Constantino Canelos Rodriguez. (Attachments: # 1 Proof of Service)(Ayers, Jimmy) (jao). (Entered: 04/17/2018)
2018-04-1899ORDER Granting 98 Joint Motion to Dismiss Without Prejudice. Per the terms of the joint motion, each party is to bear its own fees and costs. The clerk is directed to close the case. Signed by Judge Thomas J. Whelan on 4/18/2018. (jao) (sjt). (Entered: 04/18/2018)
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