Case Detail

FOIA Project Annotation: Judge John Bates has ruled that Edmon Elias Yunes failed to exhaust his administrative remedies because he filed his suit against the Justice Department after the FBI had mailed its response to his request, even though he had not yet received the response when he filed suit. Elias Yunes, a citizen of the Dominican Republic, was flagged by the Justice Department as a suspected terrorist. With the assistance of an attorney, Elias Yunes requested his records in June 2013 from the FBI. In a letter dated August 8, 2013, the agency responded that it found no records. Before receiving the letter, Elias Yunes filed suit on August 15. His attorney received the letter on September 3. She then appealed the decision to OIP, which received the appeal on October 15. DOJ asked Bates to dismiss the case because Elias Yunes had failed to exhaust his administrative remedies by filing suit after the agency had responded. Elias Yunes argued that he had exhausted his administrative remedies because he had filed suit before he received the agency's response. Bates disagreed, noting that Elias Yunes' position had no support in case law. He explained that "the Court of Appeals' focus [in Oglesby v. Dept of Army] on response, rather than receipt, comports with the relevant statutory language as well: the statute requires an agency to make a 'determination' within twenty days of the receipt of a request. There is no stricture on when that determination must be received by the requester." Elias Yunes also contended that he had exhausted his administrative appeals by appealing the FBI's decision to OIP. Bates, however, noted that "that assertion does not comport with any accepted definition of exhaustion. True, he took the right steps to start�"but he did so after filing this complaint, and he failed to wait for the appeal to be resolved."
Issues: Litigation - Jurisdiction - Failure to Exhaust

FOIA Project Annotation: Judge John Bates has ruled that the Department of State conducted an adequate search and that the FBI properly withheld records from Edmon Felipe Yunes, a citizen of the Dominican Republic, concerning the reasons his visa was revoked. The State Department searched its Visa Office as well as the U.S. Embassy in the Dominican Republic. Yunes challenged only the search of the Embassy. Bates agreed with the agency that there was no reason why the Embassy would likely have more responsive records than those found by the Visa Office. Rejecting Yunes' challenges to the search, Bates observed that "there is no requirement that the Department's search description address its search at the level of detail that Yunes wants, i.e. to explain how its search was designed to encompass a specific document as opposed to responsive documents generally." Yunes argued that case initiation forms withheld under Exemption 7(E) (investigative methods and techniques) by the FBI on behalf of the Organized Crime Drug Enforcement Task Forces did not adequately describe what laws might be circumvented by their disclosure. Bates agreed generally, but noted that disclosure of the forms themselves could provide insight into investigative methods and techniques. The FBI withheld a Financial Crimes Enforcement Network report, citing the Bank Secrecy Act as the basis for its Exemption 3 (other statutes) claim. Bates rejected the claim, noting that "the FBI's invocation of Exemption 3 is insufficient here because it does not specify that the withheld information is derived from BSA reports or records of reports. The fact that the information was 'obtained through the BSA' does not affirmatively prove that the information is derived from BSA reports." Bates found that in camera affidavits filed by the FBI for other withholdings were sufficient to explain the basis of those claims.
Issues: Exemption 7 - Law enforcement records, Exemption 3 - Statutory prohibition of disclosure, Adequacy - Search

FOIA Project Annotation: Judge John Bates has ruled that the FBI properly withheld a report under Exemption 3 (other statutes) citing the Bank Secrecy Act as the basis for its claim. Bates previously found the agency had not sufficiently explained how the report qualified under the Bank Secrecy Act, but after the agency provided a more detailed explanation he agreed the record could be withheld. Resolving the remaining issue in a case brought by Edmon Yunes for records concerning why he had been labeled a suspected terrorist and had his visa revoked, Bates noted that to qualify for withholding under the BSA all the agency needed to show was that the BSA qualified as an Exemption 3 statute and the report was the kind of record that would normally be withheld, Bates rejected Yunes' argument that the agency should provide more explanation of the report's contents. He noted that "although Yunes may desire to know the content of the report, he is not entitled to that information under FOIA." Yunes also argued that the FBI should have referred the report to FinCen. Bates pointed out, however, that "although Yunes may find the lack of a referral 'curious,' he fails to explain how DOJ's decision not to follow permissive regulations concerning referral to another agency creates a genuine issue as to a material fact that would preclude the Court from granting summary judgment in favor of the government."
Issues: Exemption 3 - Statutory prohibition of disclosure

Date Filed	Doc #	Docket Text
2014-08-15	1	COMPLAINT against All Defendants Department of State and Department of Justice ( Filing fee $ 400 receipt number 0090-3810314) filed by EDMON FELIPE ELIAS YUNES. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Hodes, Scott) (Entered: 08/15/2014)
2014-08-15		Case Assigned to Judge John D. Bates. (sth, ) (Entered: 08/15/2014)
2014-08-15	2	SUMMONS (4) Issued Electronically as to U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons)(sth, ) (Entered: 08/15/2014)
2014-09-05	3	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/26/2014. Answer due for ALL FEDERAL DEFENDANTS by 9/25/2014. (Hodes, Scott) (Entered: 09/05/2014)
2014-09-05	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/26/2014. (Hodes, Scott) (Entered: 09/05/2014)
2014-09-05	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 8/26/2014 (Hodes, Scott) (Entered: 09/05/2014)
2014-09-05	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF STATE served on 8/26/2014 (Hodes, Scott) (Entered: 09/05/2014)
2014-09-25	7	Consent MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Interrante, John) (Entered: 09/25/2014)
2014-09-26		MINUTE ORDER: Upon consideration of 7 defendants' consent motion for extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that defendants shall answer or otherwise respond to 1 plaintiff's complaint by not later than October 27, 2014. SO ORDERED. Signed by Judge John D. Bates on 9/26/14. (lcjdb1) (Entered: 09/26/2014)
2014-09-29		Set/Reset Deadlines: Defendants shall answer or otherwise file a response to plaintiff's complaint by 10/27/2014. (jth) (Entered: 09/29/2014)
2014-10-03		Set/Reset Deadlines: Answer due by 10/27/2014. (tb, ) (Entered: 10/03/2014)
2014-10-27	8	Consent MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Interrante, John) (Entered: 10/27/2014)
2014-10-28		MINUTE ORDER: Upon consideration of 8 defendants' consent motion for extension of time to respond to complaint, and the entire record herein, it is hereby ORDERED that defendants' motion is GRANTED; and it is further ORDERED that defendants shall answer or otherwise respond to 1 plaintiff's complaint by not later than November 3, 2014. SO ORDERED. Signed by Judge John D. Bates on 10/28/14. (lcjdb1) (Entered: 10/28/2014)
2014-10-28		Set/Reset Deadlines: Answer due by 11/3/2014. (tb, ) (Entered: 10/28/2014)
2014-11-03	9	MOTION to Dismiss , MOTION for Partial Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration David M. Hardy (FBI), # 2 Exhibit A - C (FBI), # 3 Text of Proposed Order)(Interrante, John) (Entered: 11/03/2014)
2014-11-03	10	ANSWER to Complaint by U.S. DEPARTMENT OF STATE.(Interrante, John) (Entered: 11/03/2014)
2014-11-18	11	Memorandum in opposition to re 9 MOTION to Dismiss MOTION for Partial Summary Judgment filed by EDMON FELIPE ELIAS YUNES. (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Exhibit, # 4 Exhibit, # 5 Statement of Facts, # 6 Text of Proposed Order)(Hodes, Scott) (Entered: 11/18/2014)
2014-11-26	12	REPLY to opposition to motion re 9 MOTION to Dismiss MOTION for Partial Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts Response to Plaintiff's Statement, # 2 Declaration Argall and Exhibit A)(Interrante, John) (Entered: 11/26/2014)
2014-11-26	13	ERRATA (Declaration of Dennis J. Argall and Exhibit A) by U.S. DEPARTMENT OF JUSTICE 12 Reply to opposition to Motion, filed by U.S. DEPARTMENT OF JUSTICE. (Interrante, John) (Entered: 11/26/2014)
2014-12-02	14	SURREPLY to re 9 MOTION to Dismiss MOTION for Partial Summary Judgment filed by EDMON FELIPE ELIAS YUNES. (Attachments: # 1 sur-reply, # 2 Declaration, # 3 Text of Proposed Order)(Hodes, Scott) (Entered: 12/02/2014)
2014-12-02		MINUTE ORDER: Upon consideration of 14 plaintiff's motion for leave to file a surreply, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that [14-1] plaintiff's surreply is deemed filed as of the date of this Order. SO ORDERED.. Signed by Judge John D. Bates on 12/2/14. (lcjdb1) (Entered: 12/02/2014)
2015-01-05	15	VACATED PURSUANT TO ORDER FILED 04/16/15.....ORDER granting 9 defendant Department of Justice's motion for summary judgment. See text of Order and accompanying Memorandum Opinion for details. Signed by Judge John D. Bates on 1/5/15. (lcjdb1) Modified on 4/16/2015 (jth). (Entered: 01/05/2015)
2015-01-05	16	MEMORANDUM OPINION. Signed by Judge John D. Bates on 1/5/15. (lcjdb1) (Entered: 01/05/2015)
2015-01-05	17	ORDER directing plaintiff and defendant Department of State to confer and to submit a status report or proposed briefing schedule for the filing of dispositive motions by not later than January 26, 2015. See text of Order for details. Signed by Judge John D. Bates on 1/5/15. (lcjdb1) (Entered: 01/05/2015)
2015-01-06		Set/Reset Deadlines: Status Report due by 1/26/2015. (tb, ) (Entered: 01/06/2015)
2015-01-14	18	MOTION for Reconsideration re 16 Memorandum & Opinion, 15 Order on Motion to Dismiss, Order on Motion for Partial Summary Judgment by EDMON FELIPE ELIAS YUNES (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Hodes, Scott) (Entered: 01/14/2015)
2015-01-26	19	STATUS REPORT (Consent) by U.S. DEPARTMENT OF STATE. (Interrante, John) (Entered: 01/26/2015)
2015-01-27		MINUTE ORDER: Upon consideration of 19 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall submit a joint status report by not later than February 25, 2015. SO ORDERED. Signed by Judge John D. Bates on 1/27/15. (lcjdb1) (Entered: 01/27/2015)
2015-02-02	20	Consent MOTION for Extension of Time to File Response/Reply as to 18 MOTION for Reconsideration re 16 Memorandum & Opinion, 15 Order on Motion to Dismiss, Order on Motion for Partial Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Interrante, John) (Entered: 02/02/2015)
2015-02-03		MINUTE ORDER: Upon consideration of 20 defendant Department of Justice's consent motion for an extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that the Department of Justice shall respond to 18 plaintiff's motion for reconsideration by not later than February 16, 2015. SO ORDERED. Signed by Judge John D. Bates on 2/3/15. (lcjdb1) (Entered: 02/03/2015)
2015-02-03		Set/Reset Deadlines: Response due by 2/16/2015. (tb, ) (Entered: 02/03/2015)
2015-02-18	21	RESPONSE re 18 MOTION for Reconsideration re 16 Memorandum & Opinion, 15 Order on Motion to Dismiss, Order on Motion for Partial Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Interrante, John) (Entered: 02/18/2015)
2015-02-24	22	REPLY to opposition to motion re 18 MOTION for Reconsideration re 16 Memorandum & Opinion, 15 Order on Motion to Dismiss, Order on Motion for Partial Summary Judgment filed by EDMON FELIPE ELIAS YUNES. (Hodes, Scott) (Entered: 02/24/2015)
2015-02-25	23	STATUS REPORT (Consent) by U.S. DEPARTMENT OF STATE. (Interrante, John) (Entered: 02/25/2015)
2015-02-26		MINUTE ORDER: Upon consideration of 23 defendant Department of State's consent status report, and the entire record herein, it is hereby ORDERED that the parties submit a joint status report by not later than March 27, 2015. SO ORDERED. Signed by Judge John D. Bates on 2/26/15. (lcjdb1) (Entered: 02/26/2015)
2015-02-27		Set/Reset Deadlines: Joint Status Report due by 3/27/2015. (tb, ) (Entered: 02/27/2015)
2015-03-27	24	STATUS REPORT (Consent) by U.S. DEPARTMENT OF STATE. (Interrante, John) (Entered: 03/27/2015)
2015-03-29		MINUTE ORDER: Upon consideration of 24 defendant Department of State's consent status report, and the entire record herein, it is hereby ORDERED that the parties shall submit a joint status report by not later than April 3, 2015. SO ORDERED. Signed by Judge John D. Bates on 3/29/15. (lcjdb1) (Entered: 03/29/2015)
2015-03-30		Set/Reset Deadlines: Joint Status Report due by 4/3/2015. (jth) (Entered: 03/30/2015)
2015-04-03	25	STATUS REPORT (Consent) by U.S. DEPARTMENT OF STATE. (Interrante, John) (Entered: 04/03/2015)
2015-04-03		MINUTE ORDER: Upon consideration of 25 defendant Department of State's consent status report, and the entire record herein, it is hereby ORDERED that the parties shall submit a joint status report by not later than May 5, 2015. SO ORDERED. Signed by Judge John D. Bates on 4/3/15. (lcjdb1) (Entered: 04/03/2015)
2015-04-05		Set/Reset Deadlines: Joint Status Report due by 5/5/2015. (jth) (Entered: 04/05/2015)
2015-04-16	26	ORDER granting 18 plaintiff's motion for reconsideration; vacating 15 the Court's January 5, 2015 Order; and requiring parties to file a joint status report by not later than May 4, 2015. See text of Order for details. Signed by Judge John D. Bates on 4/16/15. (lcjdb1) (Entered: 04/16/2015)
2015-04-16		Set/Reset Deadlines: The parties are ordered to file a Joint Status Report, to include a Proposed Schedule, by 5/4/2015. (jth) (Entered: 04/16/2015)
2015-04-25	27	STATUS REPORT (Joint) by U.S. DEPARTMENT OF JUSTICE. (Interrante, John) (Entered: 04/25/2015)
2015-04-25	28	ERRATA by U.S. DEPARTMENT OF JUSTICE 27 Status Report filed by U.S. DEPARTMENT OF JUSTICE. (Interrante, John) (Entered: 04/25/2015)
2015-04-28		MINUTE ORDER: Upon consideration of 28 defendant Department of Justice's consent status report, and the entire record herein, it is hereby ORDERED that the Department of Justice shall complete its review of potentially responsive records and make any additional releases by not later than June 4, 2015; and it is further ORDERED that the parties shall file a joint status report with a proposed briefing schedule by not later than June 25, 2015. SO ORDERED. Signed by Judge John D. Bates on 4/28/15. (lcjdb1) (Entered: 04/28/2015)
2015-04-28		Set/Reset Deadlines: Joint Status Report due by 6/25/2015. (tb, ) (Entered: 04/28/2015)
2015-05-05	29	STATUS REPORT (Consent) by U.S. DEPARTMENT OF STATE. (Interrante, John) (Entered: 05/05/2015)
2015-05-06		MINUTE ORDER: Upon consideration of 29 defendant Department of State's consent status report, and the entire record herein, it is hereby ORDERED that the parties shall submit a joint status report by not later than June 25, 2015. SO ORDERED. Signed by Judge John D. Bates on 5/6/15. (lcjdb1) (Entered: 05/06/2015)
2015-06-25	30	Consent MOTION for Extension of Time to File Joint Status Report by U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Interrante, John) (Entered: 06/25/2015)
2015-06-26		MINUTE ORDER: Upon consideration of 30 defendants' consent motion for extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that the parties shall file a joint status report by not later than July 2, 2015. SO ORDERED. Signed by Judge John D. Bates on 6/26/15. (lcjdb1) (Entered: 06/26/2015)
2015-06-28		Set/Reset Deadlines: The parties shall file a Joint Status Report by 7/2/2015. (jth) (Entered: 06/28/2015)
2015-07-02	31	STATUS REPORT (Consent) by U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Interrante, John) (Entered: 07/02/2015)
2015-07-06		MINUTE ORDER: Upon consideration of 31 the defendants' consent status report, and the entire record herein, it is hereby ORDERED that defendants shall complete their respective Vaughn declaration by not later than August 31, 2015; it is further ORDERED that defendants shall file a motion for summary judgment by not later than September 30, 2015; it is further ORDERED that plaintiff shall file an opposition and cross-motion for summary judgment by not later than October 30, 2015; it is further ORDERED that defendants shall file a reply and opposition to plaintiff's cross-motion by not later than November 20, 2015; and it is further ORDERED that plaintiff shall file a reply by not later than December 4, 2015. SO ORDERED. Signed by Judge John D. Bates on 7/6/15. (lcjdb1) (Entered: 07/06/2015)
2015-07-07		Set/Reset Deadlines: Defendants shall complete their respective Vaughn declaration by 8/31/2015; Defendants Motion for Summary Judgment is due by 9/30/2015; Plaintiff's Opposition and Cross-Motion for Summary Judgment is due by 10/30/2015; Defendants Reply and Cross-Opposition is due by 11/20/2015; Plaintiff's Cross-Reply is due by 12/4/2015. (jth) (Entered: 07/07/2015)
2015-07-08		Set/Reset Deadlines: Cross Motions due by 10/30/2015. Response to Cross Motions due by 11/20/2015. Reply to Cross Motions due by 12/4/2015. Summary Judgment motions due by 9/30/2015. Response to Motion for Summary Judgment due by 10/30/2015. Reply to Motion for Summary Judgment due by 11/20/2015. Vaughn Index due by 8/31/2015, (tb) (Entered: 07/08/2015)
2015-09-29	32	Consent MOTION for Extension of Time to File Motion for Summary Judgment (until October 9) by U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Interrante, John) (Entered: 09/29/2015)
2015-09-30	33	ORDER granting 32 the defendants' consent motion for extension of time. See text of order for details. Signed by Judge John D. Bates on 9/30/15. (lcjdb1) (Entered: 09/30/2015)
2015-10-02		Set/Reset Deadlines: Cross Motions due by 11/5/2015. Response to Cross Motions due by 11/30/2015. Reply to Cross Motions due by 12/14/2015. Summary Judgment motions due by 10/9/2015. Response to Motion for Summary Judgment due by 11/5/2015. Reply to Motion for Summary Judgment due by 11/30/2015. ( tb) (Entered: 10/02/2015)
2015-10-08	34	MOTION for Extension of Time to File Summary Judgment Motion by U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Interrante, John) (Entered: 10/08/2015)
2015-10-09	35	Memorandum in opposition to re 34 MOTION for Extension of Time to File Summary Judgment Motion filed by EDMON FELIPE ELIAS YUNES. (Attachments: # 1 Text of Proposed Order)(Hodes, Scott) (Entered: 10/09/2015)
2015-10-09	36	ORDER granting 34 defendants' motion for extension of time. See text of Order for details. Signed by Judge John D. Bates on 10/9/15. (lcjdb1) (Entered: 10/09/2015)
2015-10-14		Set/Reset Deadlines: Cross Motions due by 12/9/2015. Response to Cross Motions due by 1/8/2016. Reply to Cross Motions due by 1/22/2016. Summary Judgment motions due by 11/9/2015. Response to Motion for Summary Judgment due by 12/9/2015. Reply to Motion for Summary Judgment due by 1/8/2016. (tb) (Entered: 10/14/2015)
2015-11-09	37	Consent MOTION to Amend/Correct 36 Order on Motion for Extension of Time to by U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Interrante, John) (Entered: 11/09/2015)
2015-11-10	38	NOTICE of Appearance by Caitlin O'Leary Trujillo on behalf of All Defendants (Trujillo, Caitlin) (Entered: 11/10/2015)
2015-11-10	39	ORDER granting 37 defendants' consent motion to amend the briefing schedule. See text of Order for details. Signed by Judge John D. Bates on 11/10/15. (lcjdb1) (Entered: 11/10/2015)
2015-11-10		Set/Reset Deadlines: State Department summary judgment motion due by 11/10/2015. Plaintiff's Opposition/Cross ?Motion due by 12/10/2015. State Department's Response/Reply to Cross Motions due by 1/11/2016. Plaintiff's Reply due by 1/25/2016. FBI Motion for summary judgment due by 11/24/15. Plaintiff's opposition and cross-motion for summary judgment due by 12/24/15. FBI Reply/Opposition to cross-motion due by 01/25/16; and Plaintiff's Reply due by 02/08/16. (tb) (Entered: 11/10/2015)
2015-11-10	40	MOTION for Summary Judgment by U.S. DEPARTMENT OF STATE (Attachments: # 1 Declaration John F. Hackett, # 2 Exhibit Hackett Decl Ex 1, # 3 Exhibit Hackett Decl Ex 2, # 4 Exhibit Hackett Decl Ex 3, # 5 Exhibit Hackett Decl Ex 4, # 6 Exhibit Hackett Decl Ex 5, # 7 Declaration Hackett Decl Ex 6 (Jeffrey H. Gorsky Decl), # 8 Text of Proposed Order)(Interrante, John) (Entered: 11/10/2015)
2015-11-23	41	MOTION for Leave to File an ex parte and in camera declaration and memorandum in support thereof by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Interrante, John) (Entered: 11/23/2015)
2015-11-23	42	NOTICE of Filing of Exhibits to Defendant's Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration Second Declaration of David M. Hardy (FBI) and exhibits thereto, # 2 Declaration Jill Aronica, Executive Office, OCDETF)(Interrante, John) (Entered: 11/23/2015)
2015-11-24	43	MOTION to Amend/Correct Set/Reset Deadlines, Motion for Amended Briefing Schedule (one week) by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Interrante, John) (Entered: 11/24/2015)
2015-11-25	44	ORDER granting 43 defendant's motion to amend the briefing schedule. See text of order for details. Signed by Judge John D. Bates on 11/25/15. (lcjdb1) (Entered: 11/25/2015)
2015-11-30		Set/Reset Deadlines: Cross Motions due by 1/5/2016. Response to Cross Motions due by 2/5/2016. Reply to Cross Motions due by 2/19/2016. Summary Judgment motions due by 12/1/2015. Response to Motion for Summary Judgment due by 1/5/2016. Reply to Motion for Summary Judgment due by 2/5/2016. (tb) (Entered: 11/30/2015)
2015-12-01	45	Consent MOTION for Leave to File Supporting Memorandum in Excess of Page Limit by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order (Granting Request to file 62-page brief), # 2 Memorandum in Support Defendant DOJ (FBI) Motion for Summary Judgment and Supporting Memorandum of Law, # 3 Text of Proposed Order (Granting MSJ in favor of DOJ))(Interrante, John) (Entered: 12/01/2015)
2015-12-01	46	ERRATA (Amended Notice of Filing of Exhibits to Defendant DOJ's MSJ) by U.S. DEPARTMENT OF JUSTICE 42 Notice (Other), filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Notice to Counsel/Party Amended Notice of Filing of Exhibits to Defendant DOJ's MSJ, # 2 Declaration Amended Second Declaration of David M. Hardy (FBI), # 3 Exhibit Exhibits A - C to Amended Second Hardy Declaration, # 4 Declaration Amended Declaration of Jill Aronica (OCDETF), # 5 Exhibit Exhibit A to Aronica Declaration)(Interrante, John) (Entered: 12/01/2015)
2015-12-02		MINUTE ORDER: Upon consideration of 45 the Department of Justice's consent motion for leave to file a supporting memorandum in excess of page limits, and the entire record herein, it is hereby ORDERED that defendant's motion is DENIED in part; it is further ordered that the memorandum filed on December 1, 2015, is deemed timely filed; it is further ORDERED that the DOJ shall file in substitution a memorandum not to exceed 52 pages in length by not later than Monday, December 7, 2015. Signed by Judge John D. Bates on 12/2/15. (lcjdb1) (Entered: 12/02/2015)
2015-12-04	47	Unopposed MOTION for Extension of Time to file Opposition and/or Cross-Motion by EDMON FELIPE ELIAS YUNES (Attachments: # 1 Text of Proposed Order)(Hodes, Scott) (Entered: 12/04/2015)
2015-12-04		MINUTE ORDER: Upon consideration of 47 the plaintiff's unopposed motion for extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that the plaintiff shall file a consolidated opposition and cross-motion to the State Department's and the Department of Justice's motions for summary judgment by not later than January 5, 2016; it is further ORDERED that the Department of State shall file a reply and opposition to plaintiff's cross-motion by not later than February 5, 2016; and it is further ORDERED that plaintiff shall file a reply by not later than February 19, 2016. Signed by Judge John D. Bates on 12/4/15. (lcjdb1) Modified on 12/8/2015 (tb). (Entered: 12/04/2015)
2015-12-07	48	ERRATA (Defendant U.S. Department of Justice's Substitution Motion for Summary Judgment and Substitutional Supporting Memorandum) by U.S. DEPARTMENT OF JUSTICE Order on Motion for Leave to File,,. (Interrante, John) (Entered: 12/07/2015)
2015-12-08		Set/Reset Deadlines: Cross Motions due by 1/5/2016. Response to Cross Motions due by 2/5/2016. Reply to Cross Motions due by 2/19/2016. Response to Motion for Summary Judgment due by 1/5/2016. Reply to Motion for Summary Judgment due by 2/5/2016. (tb) (Entered: 12/08/2015)
2015-12-10	49	Memorandum in opposition to re 41 MOTION for Leave to File an ex parte and in camera declaration and memorandum in support thereof filed by EDMON FELIPE ELIAS YUNES. (Attachments: # 1 Text of Proposed Order)(Hodes, Scott) (Entered: 12/10/2015)
2015-12-11		Set/Reset Deadlines: Cross Motions due by 1/5/2016. Response to Cross Motions due by 2/5/2016. Reply to Cross Motions due by 2/19/2016. Response to Motion for Summary Judgment due by 1/5/2016. Reply to Motion for Summary Judgment due by 2/5/2016. (tb) (Entered: 12/11/2015)
2015-12-16	50	Consent MOTION for Extension of Time to File Response/Reply as to 41 MOTION for Leave to File an ex parte and in camera declaration and memorandum in support thereof by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Interrante, John) (Entered: 12/16/2015)
2015-12-17		MINUTE ORDER: Upon consideration of 50 defendant DOJ's consent motion for extension of time to file reply, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that defendant shall file its reply in support of its motion for leave to file ex parte and in camera declaration by not later than December 24, 2015. SO ORDERED. Signed by Judge John D. Bates on 12/17/15. (lcjdb1) (Entered: 12/17/2015)
2015-12-17		Set/Reset Deadlines: Reply due by 12/24/2015. (tb) (Entered: 12/17/2015)
2015-12-24	51	REPLY to opposition to motion re 41 MOTION for Leave to File an ex parte and in camera declaration and memorandum in support thereof filed by U.S. DEPARTMENT OF JUSTICE. (Interrante, John) (Entered: 12/24/2015)
2016-01-05	52	Memorandum in opposition to re 40 MOTION for Summary Judgment filed by EDMON FELIPE ELIAS YUNES. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration, # 4 Exhibit, # 5 Exhibit, # 6 Text of Proposed Order)(Hodes, Scott) (Entered: 01/05/2016)
2016-01-05	53	Cross MOTION for Summary Judgment by EDMON FELIPE ELIAS YUNES (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration, # 4 Exhibit, # 5 Exhibit, # 6 Text of Proposed Order)(Hodes, Scott) (Entered: 01/05/2016)
2016-02-04	54	Consent MOTION for Extension of Time to Complete Briefing by U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Trujillo, Caitlin) (Entered: 02/04/2016)
2016-02-05		MINUTE ORDER: Upon consideration of 54 the defendants' consent motion for extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that the defendants shall file a reply and opposition to plaintiff's cross-motion for summary judgment by not later than February 12, 2016; and it is further ORDERED that plaintiff shall file a reply by not later than February 26, 2016. Signed by Judge John D. Bates on 2/5/16. (lcjdb1) (Entered: 02/05/2016)
2016-02-05		Set/Reset Deadlines: Response to Cross Motions due by 2/12/2016. Reply to Cross Motion due by 2/26/2016. Reply to Motion for Summary Judgment due by 2/12/2016. (tb) (Entered: 02/05/2016)
2016-02-12	55	Memorandum in opposition to re 53 Cross MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Attachments: # 1 Declaration of David Hardy, # 2 Text of Proposed Order)(Trujillo, Caitlin) (Entered: 02/12/2016)
2016-02-12	56	REPLY to opposition to motion re 40 MOTION for Summary Judgment 48 Motion for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Attachments: # 1 Declaration of David Hardy, # 2 Text of Proposed Order)(Trujillo, Caitlin) (Entered: 02/12/2016)
2016-02-26	57	REPLY to opposition to motion re 53 Cross MOTION for Summary Judgment filed by EDMON FELIPE ELIAS YUNES. (Hodes, Scott) (Entered: 02/26/2016)
2016-05-05	58	MOTION to Substitute Party by EDMON FELIPE ELIAS YUNES (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Text of Proposed Order)(Hodes, Scott) (Entered: 05/05/2016)
2016-05-07	59	NOTICE OF SUBSTITUTION OF COUNSEL by Brian J. Field on behalf of All Defendants Substituting for attorney Caitlin O. Trujillo (Field, Brian) (Entered: 05/07/2016)
2016-07-05	60	NOTICE of Filing of Additional Exhibits to Defendant's Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE re 48 Errata (Attachments: # 1 Exhibit)(Field, Brian) (Entered: 07/05/2016)
2016-07-11	61	NOTICE OF WITHDRAWAL OF APPEARANCE as to U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. Attorney John G. Interrante terminated. (Interrante, John) (Entered: 07/11/2016)
2016-08-26	62	MEMORANDUM OPINION. Signed by Judge John D. Bates on 8/26/16. (lcjdb1) (Entered: 08/26/2016)
2016-08-26	63	ORDER granting 58 plaintiff's unopposed motion to substitute party, granting 41 the Department of Justice's motion for leave to file ex parte, granting 40 the Department of State's motion for summary judgment, granting in part and denying in part 48 the Department of Justice's motion for summary judgment, denying 53 plaintiff's cross-motion for summary judgment, and ordering additional briefing. See text of Order and accompanying Memorandum Opinion for details. Signed by Judge John D. Bates on 8/26/16. (lcjdb1) (Entered: 08/26/2016)
2016-08-29		Set/Reset Deadlines: Cross Motions due by 10/17/2016. Response to Cross Motions due by 11/7/2016. Reply to Cross Motions due by 11/21/2016. Summary Judgment motions due by 9/26/2016. Response to Motion for Summary Judgment due by 10/17/2016. Reply to Motion for Summary Judgment due by 11/7/2016. (tb) (Entered: 08/29/2016)
2016-09-26	64	Renewed MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration, # 4 Text of Proposed Order)(Field, Brian) Modified text on 9/27/2016 (td). (Entered: 09/26/2016)
2016-09-26	65	MOTION for Leave to File an Ex Parte and In Camera Declaration by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Field, Brian) (Entered: 09/26/2016)
2016-09-26	66	SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by U.S. DEPARTMENT OF JUSTICE (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Field, Brian) (Entered: 09/26/2016)
2016-09-26	67	ERRATA by U.S. DEPARTMENT OF JUSTICE 64 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration)(Field, Brian) (Entered: 09/26/2016)
2016-09-27		MINUTE ORDER: Upon consideration of 65 defendants' motion for leave to file, and the entire record herein, the 65 motion is hereby GRANTED. Signed by Judge John D. Bates on 09/27/16. (lcjdb1) (Entered: 09/27/2016)
2016-10-11	69	Memorandum in opposition to re 64 MOTION for Summary Judgment filed by EDMON DE JESUS ELIAS HERMIDA. (Hodes, Scott) (Entered: 10/11/2016)
2016-11-04	70	REPLY to opposition to motion re 64 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Field, Brian) (Entered: 11/04/2016)
2017-06-26	71	MEMORANDUM OPINION. Signed by Judge John D. Bates on 6/26/2017. (lcjdb3) (Entered: 06/26/2017)
2017-06-26	72	ORDER granting 64 the Department of Justice's renewed motion for summary judgment. See text of Order and accompanying Memorandum Opinion for details. Signed by Judge John D. Bates on 6/26/2017. (lcjdb3) (Entered: 06/26/2017)
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