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Case TitleNEGLEY v. UNITED STATES DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv01004
Date Filed2015-06-25
Date Closed2018-04-03
JudgeJudge James E. Boasberg
PlaintiffJAMES LUTCHER NEGLEY
Case DescriptionJames Negley submitted a FOIA request to the Executive Office for U.S. Attorneys for the file pertaining to his previous litigation against the FBI that had been referenced in a cover sheet received as part of a previous request. EOUSA acknowledged receipt of the request, but after hearing nothing further from the agency, Negley appealed to the Office of Information Policy. EOUSA ultimately responded to Negley's request by indicating that it could find no responsive records. Negley then appealed that decision and after hearing nothing further, he filed suit.
Complaint issues: Adequacy - Search, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF JUSTICE
AppealD.C. Circuit 18-5133
Documents
Docket
Complaint
Complaint attachment 1
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Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Opinion/Order [68]
FOIA Project Annotation: Judge James Boasberg has wrapped up unnecessarily prolonged litigation brought by James Negley to determine the amount of information the FBI maintained on him because of his small role in the Unabomber investigation. In 1995, Negley asked a librarian at the University of California at Chico to provide him a copy of the Unabomber's manifesto that had been published in the Washington Post. Instead, the librarian called the FBI's UNABOM Hot Line and reported Negley. The FBI interviewed Negley, who was quickly exonerated. But Negley litigated four FOIA requests between1999 and 2009 in his effort to determine the extent of the records the FBI maintained on him. The agency initially disclosed 46 pages, but he ultimately received more than 2,300 pages, primarily dealing with his FOIA litigation. The case before Boasberg specifically requested records about a notation on a 2002 FAX transmission sheet that seemed to indicate that there were 500,000 pages responsive to his request. The agency tracked down the cover sheet and disclosed it to Negley but was unable to satisfactorily explain to Negley the meaning of the 500,000-page reference. The FBI explained that the 500,000-page reference referred to the total estimated pages in a file maintained by the San Francisco field office about the Unabomber investigation. Boasberg sympathized with Negley's skepticism that a massive nationwide investigation would only have compiled 500,000 pages, but the FBI pointed out that with more sophisticated record management technology the agency now estimated the file contained 1.4 million pages. Despite his doubts about the size of the file, Boasberg observed that "the only question the Court must ask is whether, pursuant to Negley's Fourth FOIA Request, the FBI has properly identified the 'file referenced' in 'a facsimile cover sheet sent. . .on January 22, 2002.' On review, it is obvious that the agency has found the elephant Negley has been hunting, and the agency's inconsistencies in describing the file's content do not cast doubt on that conclsion." The FBI told Negley it was willing to disclose the whole file at the rate of 500 pages per month, which Boasberg pointed out would take some 80 years. Since Negley was 70, Boasberg noted that "while it agrees such a pace may well be a non-starter for an elderly patient, the D.C. Circuit has recently given its seal of approval to the Government's standard 'interim release policy,' which provides for 'processing requests in 500-page increments.'" Applying that policy to Negley's request, Boasberg observed that "Negley merely wants to satisfy his curiosity about the UNABOM investigation and any potential connection to himself. The Court therefore agrees with the agency's assessment that its 'standard rate of 500 pages per month' would be appropriate were Negley to seek release of such documents."
Issues: Adequacy - Search, Request - Specificity
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-06-251COMPLAINT For Relief Under the Freedom of Information Act against UNITED STATES DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-4152039) filed by JAMES LUTCHER NEGLEY. (Attachments: # 1 Civil Cover Sheet, # 2 Notice to Counsel/Party Notice of Related Case, # 3 Exhibit Exhibit A, # 4 Exhibit Exhibit B, # 5 Exhibit Exhibit C, # 6 Exhibit Exhibit D, # 7 Exhibit Exhibit E, # 8 Exhibit Exhibit F, # 9 Exhibit Exhibit G, # 10 Exhibit Exhibit H, # 11 Exhibit Exhibit I, # 12 Exhibit Exhibit J)(Lee, Clarence) (Entered: 06/25/2015)
2015-06-262NOTICE OF RELATED CASE by JAMES LUTCHER NEGLEY. Case related to Case No. 03-2126. (md) (Entered: 06/26/2015)
2015-06-26Case Assigned to Judge Gladys Kessler. (md) (Entered: 06/26/2015)
2015-06-26SUMMONS Not Issued as to UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney, U.S. Attorney General. (SUMMONS WERE NOT FILED AT THE TIME COMPLAINT WAS FILED)) (md) (Entered: 06/26/2015)
2015-06-303REQUEST FOR SUMMONS TO ISSUE by JAMES LUTCHER NEGLEY filed by JAMES LUTCHER NEGLEY.(Lee, Clarence) (Entered: 06/30/2015)
2015-07-014SUMMONS (1) Issued Electronically as to UNITED STATES DEPARTMENT OF JUSTICE. (znmw) (Entered: 07/01/2015)
2015-07-095RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 7/2/2015 (Lee, Clarence) (Entered: 07/09/2015)
2015-08-246REQUEST FOR SUMMONS TO ISSUE by JAMES LUTCHER NEGLEY filed by JAMES LUTCHER NEGLEY.(Lee, Clarence) (Entered: 08/24/2015)
2015-08-247REQUEST FOR SUMMONS TO ISSUE by JAMES LUTCHER NEGLEY filed by JAMES LUTCHER NEGLEY.(Lee, Clarence) (Entered: 08/24/2015)
2015-08-258SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (znmw) (Entered: 08/25/2015)
2015-08-319NOTICE of Appearance by April Denise Seabrook on behalf of All Defendants (Seabrook, April) (Entered: 08/31/2015)
2015-09-2210RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/25/2015. Answer due for ALL FEDERAL DEFENDANTS by 9/24/2015. (Lee, Clarence) (Entered: 09/22/2015)
2015-09-2211RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/25/2015. (Lee, Clarence) (Entered: 09/22/2015)
2015-09-2412Consent MOTION for Extension of Time to File Answer re 1 Complaint,, by UNITED STATES DEPARTMENT OF JUSTICE (Seabrook, April) (Entered: 09/24/2015)
2015-09-2513ORDER granting 12 Defendant's Motion for Extension of Time to Answer; Defendant shall have up to and including October 26, 2015, in which to answer or otherwise respond to Plaintiff's Complaint. Signed by Judge Gladys Kessler on 9/25/15. (CL) (Entered: 09/25/2015)
2015-09-25Set/Reset Deadlines: Answer due by 10/26/2015 (CL). (Entered: 09/25/2015)
2015-10-2714Consent MOTION for Extension of Time to File Answer re 1 Complaint,, by UNITED STATES DEPARTMENT OF JUSTICE (Seabrook, April) (Entered: 10/27/2015)
2015-10-2815ORDER granting 14 Consent MOTION for Extension of Time to File Answer re 1 Complaint. Defendant shall file its Answer on or before December 10, 2015. Signed by Judge Gladys Kessler on 10/28/2015. (lcgk1, ) (Entered: 10/28/2015)
2015-10-30Set/Reset Deadlines: Answer due by 12/10/2015. (tth) (Entered: 10/30/2015)
2015-12-1016ANSWER to Complaint by UNITED STATES DEPARTMENT OF JUSTICE.(Seabrook, April) (Entered: 12/10/2015)
2015-12-2117ORDER setting an Initial Scheduling Conference for January 12, 2016, at 10:15 a.m. Signed by Judge Gladys Kessler on 12/21/15. (CL) (Entered: 12/21/2015)
2015-12-21Set/Reset Hearings: Initial Scheduling Conference set for 1/12/2016 at 10:15 AM in Courtroom 26A before Judge Gladys Kessler. (CL) (Entered: 12/21/2015)
2016-01-0618MOTION to Continue Initial Scheduling Conference , MOTION for Extension of Time to File Joint Meet and Confer Statement by UNITED STATES DEPARTMENT OF JUSTICE (Seabrook, April) (Entered: 01/06/2016)
2016-01-07MINUTE ORDER granting 18 Motion to Continue and for Extension of Time to File Joint Meet and Confer Statement; the Initial Scheduling Conference now set for January 12, 2016, is hereby rescheduled for January 27, 2016, at 10:30 a.m.; the Parties should file their Joint Meet and Confer Statement no later than January 21, 2016, by 4:00 p.m. Signed by Judge Gladys Kessler on 1/7/15. (CL) (Entered: 01/07/2016)
2016-01-07Set/Reset Deadlines/Hearings: Joint Meet & Confer Statement due by 1/21/2016. Initial Scheduling Conference set for 1/27/2016 at 10:30 AM in Courtroom 26A before Judge Gladys Kessler. (CL) (Entered: 01/07/2016)
2016-01-2019NOTICE of Appearance by Thomas Hay on behalf of JAMES LUTCHER NEGLEY (Hay, Thomas) (Entered: 01/20/2016)
2016-01-2120MEET AND CONFER STATEMENT. (Hay, Thomas) (Entered: 01/21/2016)
2016-01-2821Joint MOTION to Stay by JAMES LUTCHER NEGLEY (Hay, Thomas) (Entered: 01/28/2016)
2016-01-2822ORDER granting 21 the Joint Motion to Stay; this case is hereby stayed until April 30, 2016; the Defendant shall file a Status Report with the Court on February 4, 2016 and February 29, 2016; the Parties shall file a Joint Status Report to the Court on the status of the Defendant's production, etc. if necessary by April 15, 2016 (see Order for more details). Signed by Judge Gladys Kessler on 1/28/16. (CL) (Entered: 01/28/2016)
2016-01-28Set/Reset Deadlines: Defendant's Status Reports due by 2/4/2016 and 2/29, 2016. A Joint Status Report is due by 4/15/2016. (CL) (Entered: 01/28/2016)
2016-02-0423STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A & B)(Seabrook, April) (Entered: 02/04/2016)
2016-02-2924Consent MOTION for Extension of Time to File Status Report by UNITED STATES DEPARTMENT OF JUSTICE (Seabrook, April) (Entered: 02/29/2016)
2016-03-0125Second STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Seabrook, April) (Entered: 03/01/2016)
2016-03-0226ORDER that the Parties shall file a Joint Status Report that includes proposals for further resolution no later than April 15, 2016; a Status Conference is hereby scheduled in this case for May 11, 2016, at 10:00 a.m. Signed by Judge Gladys Kessler on 3/2/16. (CL) (Entered: 03/02/2016)
2016-03-02Set/Reset Deadlines/Hearings: Status Report due by 4/15/2016. Status Conference set for 5/11/2016 at 10:00 AM in Courtroom 26A before Judge Gladys Kessler. (CL) (Entered: 03/02/2016)
2016-03-03MINUTE ORDER granting 24 Motion for Extension of Time to file Status Report. Signed by Judge Gladys Kessler on 3/3/16. (CL) (Entered: 03/03/2016)
2016-04-1527Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Seabrook, April) (Entered: 04/15/2016)
2016-04-1828ORDER that Defendant shall produce, on a rolling basis, all documents to which Plaintiff is entitled, no later than May 31, 2016; thereafter, the Parties shall file a further Joint Status Report no later than August 31, 2016. Signed by Judge Gladys Kessler on 4/18/16. (CL) (Entered: 04/18/2016)
2016-04-18Set/Reset Deadlines: Joint Status Report due by 8/31/2016 (CL). (Entered: 04/18/2016)
2016-05-11Minute Entry for proceedings held before Judge Gladys Kessler: Status Conference held on 5/11/2016. Further hearing date to be determined. (Court Reporter: Janice Dickman) (tth) (Entered: 05/11/2016)
2016-05-1329NOTICE Of Availability For Rescheduled Hearing by UNITED STATES DEPARTMENT OF JUSTICE re Status Conference (Seabrook, April) (Entered: 05/13/2016)
2016-05-16MINUTE ORDER: A Status Conference is hereby set in this case for June 1, 2016, at 10:30 a.m. Signed by Judge Gladys Kessler on 5/16/16. (CL) (Entered: 05/16/2016)
2016-05-16Set/Reset Hearings: Status Conference set for 6/1/2016 at 10:30 AM in Courtroom 26A before Judge Gladys Kessler. (CL) (Entered: 05/16/2016)
2016-06-01Minute Entry for proceedings held before Judge Gladys Kessler: Status Conference held on 6/1/2016. Written Status Report due by 9/7/2016. (Court Reporter: Lisa Moreira) (tth) (Entered: 06/01/2016)
2016-09-0730NOTICE of Appearance by Benton Gregory Peterson on behalf of UNITED STATES DEPARTMENT OF JUSTICE (Peterson, Benton) (Entered: 09/07/2016)
2016-09-0731Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Seabrook, April) (Entered: 09/07/2016)
2016-09-13MINUTE ORDER: A Status Conference is hereby set in this case for September 19, 2016, at 10:15 a.m. Signed by Judge Gladys Kessler on 9/13/16. (CL) (Entered: 09/13/2016)
2016-09-13Set/Reset Hearings: Status Conference set for 9/19/2016 at 10:15 AM in Courtroom 26A before Judge Gladys Kessler. (CL) (Entered: 09/13/2016)
2016-09-16MINUTE ORDER: Due to an adjustment in the Court's calendar, the time for the Status Conference on Monday, September 19, 2016, is hereby changed to 11:30 a.m.; this is the only change for this hearing. Signed by Judge Gladys Kessler on 9/16/16. (CL) (Entered: 09/16/2016)
2016-09-16Set/Reset Hearings: Status Conference set for 9/19/2016 at 11:30 AM in Courtroom 26A before Judge Gladys Kessler. (CL) (Entered: 09/16/2016)
2016-09-19Minute Entry for proceedings held before Judge Gladys Kessler: Status Conference held on 9/19/2016. Order to be issued. (Court Reporter: Lisa Moreira) (tth) (Entered: 09/19/2016)
2016-09-2032ORDER that Plaintiff shall have two weeks from the date of this Order to file any pleading he thinks appropriate; the Government shall have one week thereafter to respond; and Plaintiff shall have one week to reply; the Government shall complete all searches and production of documents by Monday, February 20, 2017. Signed by Judge Gladys Kessler on 9/20/16. (CL) (Entered: 09/20/2016)
2016-09-20Set/Reset Deadlines: Motion due by 10/4/2016. Response to Motion due 10/11/2016. Reply due 10/18/16. The Government shall complete their search no later than 2/20/2017. (CL) (Entered: 09/20/2016)
2016-10-0433First MOTION For Reasonable Searches Under FOIA by JAMES LUTCHER NEGLEY (Attachments: # 1 Exhibit Exhibit 1 - File 1575, # 2 Exhibit Exhibit 2 - Seabrook Correspondence, # 3 Exhibit Exhibit 3 - Holly Deposition, # 4 Exhibit Exhibit 4 - March 15 DOJ response letter, # 5 Exhibit Exhibit 5 - B3 Index, # 6 Exhibit Exhibit 6 - DOE Admin Subpoena, # 7 Exhibit Exhibit 7 - Return Letter, # 8 Exhibit Exhibit 8 - Email to AUSA Lawson, # 9 Exhibit Callahan Affidavit, # 10 Exhibit Exhibit 10 - August 26 FBI letter)(Hay, Thomas) (Entered: 10/04/2016)
2016-10-1134RESPONSE re 33 First MOTION For Reasonable Searches Under FOIA filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Text of Proposed Order)(Peterson, Benton) (Entered: 10/11/2016)
2016-10-1835REPLY to opposition to motion re 33 First MOTION For Reasonable Searches Under FOIA filed by JAMES LUTCHER NEGLEY. (Hay, Thomas) (Entered: 10/18/2016)
2016-10-19NOTICE OF ERROR re 35 Reply to opposition to Motion; emailed to thomas.hay@troutmansanders.com, cc'd 6 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. In future, filing attorney's name should appear on document; OR, ECF login should match signature on document. (znmw, ) (Entered: 10/19/2016)
2016-10-3136ORDER denying as premature 33 Plaintiff's Motion to Pursue Additional Searches for Documents in Response to Mr. Negley's FOIA Request. Signed by Judge Gladys Kessler on 10/31/16. (CL) (Entered: 10/31/2016)
2017-01-1037NOTICE OF SUBSTITUTION OF COUNSEL by April Denise Seabrook on behalf of All Defendants Substituting for attorney Benton Peterson (Seabrook, April) (Entered: 01/10/2017)
2017-02-0638NOTICE of Appearance by Scott Leeson Sroka on behalf of UNITED STATES DEPARTMENT OF JUSTICE (Sroka, Scott) (Entered: 02/06/2017)
2017-02-21MINUTE ORDER: The Parties are to file with the Court a Joint Status Report no later than March 7, 2017. Signed by Judge Gladys Kessler on 2/21/17. (CL) (Entered: 02/21/2017)
2017-02-21Set/Reset Deadlines: Status Report due by 3/7/2017 (CL) (Entered: 02/21/2017)
2017-03-0739Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Sroka, Scott) (Entered: 03/07/2017)
2017-03-0940ORDER: In response to the Parties' Joint Status Report, the Parties shall proceed to litigate Plaintiff's 2014 FOIA request; Plaintiff shall submit his brief no later than May 1, 2017; Defendant shall file a Response no later than June 10, 2017; and Plaintiff may file a Reply no later than June 30, 2017. Signed by Judge Gladys Kessler on 3/9/17. (CL) (Entered: 03/09/2017)
2017-03-09Set/Reset Deadlines: Brief due by 5/1/2017. Responses due by 6/10/2017 Replies due by 6/30/2017. (CL) (Entered: 03/09/2017)
2017-04-2541Unopposed MOTION FOR ADDITIONAL TIME re 40 Order, by JAMES LUTCHER NEGLEY (Lee, Clarence) (Entered: 04/25/2017)
2017-04-25MINUTE ORDER granting 41 Plaintiff's Motion for Additional Time; Plaintiff's Motion for Relief shall be due on or before June 1, 2017; Defendant's Opposition is due on July 10, 2017, and Plaintiff's Reply is due on July 31, 2017. Signed by Judge Gladys Kessler on 4/25/17. (CL) Modified event title on 4/26/2017 (znmw). (Entered: 04/25/2017)
2017-04-25Set/Reset Deadlines: Motion due by 6/1/2017. Opposition due by 7/10/17. Reply due by 7/31/2017. (CL) (Entered: 04/25/2017)
2017-05-3142WITHDRAWN PURSUANT TO MINUTE ORDER FILED 10/26/2017..... MOTION for Relief Pursuant to FOIA Request re 40 Order, by JAMES LUTCHER NEGLEY (Attachments: # 1 Exhibit A, with Attachments A-F, # 2 Text of Proposed Order)(Lee, Clarence) Modified on 10/27/2017 (znmw). (Entered: 05/31/2017)
2017-07-0643MOTION for Extension of Time to File Response/Reply as to 42 MOTION for Relief Pursuant to FOIA Request re 40 Order, by UNITED STATES DEPARTMENT OF JUSTICE (Sroka, Scott) (Entered: 07/06/2017)
2017-07-1044ORDER granting 43 Defendant's Motion for Extension of Time; Defendant shall have up to and including August 7, 2017, in which to file a Response to Plaintiff's Motion for Relief Pursuant to FOIA Request. Signed by Judge Gladys Kessler on 7/10/17. (CL) (Entered: 07/10/2017)
2017-07-10Set/Reset Deadlines: Responses due by 8/7/2017 (CL). (Entered: 07/10/2017)
2017-08-0445Second MOTION for Extension of Time to File Response/Reply as to 42 MOTION for Relief Pursuant to FOIA Request re 40 Order, by UNITED STATES DEPARTMENT OF JUSTICE (Sroka, Scott) (Entered: 08/04/2017)
2017-08-0746ORDER granting 45 Defendant's Motion for Extension of Time; Defendant shall have up to and including October 6, 2017, in which to file its response to Plaintiff's Motion for Relief Pursuant to FOIA Request. Signed by Judge Gladys Kessler on 8/7/17. (CL) (Entered: 08/07/2017)
2017-08-07Set/Reset Deadlines: Responses due by 10/6/2017 (CL) (Entered: 08/07/2017)
2017-10-0647MOTION for Extension of Time to File Response/Reply as to 42 MOTION for Relief Pursuant to FOIA Request re 40 Order, by UNITED STATES DEPARTMENT OF JUSTICE (Sroka, Scott) (Entered: 10/06/2017)
2017-10-0648Memorandum in opposition to re 47 MOTION for Extension of Time to File Response/Reply as to 42 MOTION for Relief Pursuant to FOIA Request re 40 Order, filed by JAMES LUTCHER NEGLEY. (Lee, Clarence) (Entered: 10/06/2017)
2017-10-0649MOTION for Status Conference re 47 MOTION for Extension of Time to File Response/Reply as to 42 MOTION for Relief Pursuant to FOIA Request re 40 Order, by JAMES LUTCHER NEGLEY (Lee, Clarence) (Entered: 10/06/2017)
2017-10-1350Case randomly reassigned to Judge James E. Boasberg. Judge Gladys Kessler has retired and is no longer assigned to the case. (ztnr) (Entered: 10/13/2017)
2017-10-18MINUTE ORDER: The Court GRANTS Plaintiff's 49 Motion for a Status Conference. A Status Conference is hereby set for Thursday, October 26, 2017 at 9:30 a.m. in Courtroom 25. So ORDERED by Judge James E. Boasberg on 10/18/17. (lcjeb1) Modified on 10/19/2017 (nbn). (Entered: 10/18/2017)
2017-10-18Set/Reset Hearings: Status Conference set for 10/26/2017 at 9:30 AM in Courtroom 25A before Judge James E. Boasberg. (nbn) (Entered: 10/19/2017)
2017-10-26MINUTE ORDER : As agreed in today's status conference, the Court ORDERS that: 1) Defendant shall file a motion for summary judgment confined to the claims in Plaintiff's Complaint by November 9, 2017; 2) Plaintiff's opposition shall be due by November 27, 2017; 3) Defendant's reply shall be due by December 8, 2017; 4) Plaintiff's 42 Motion for Relief is WITHDRAWN; and 5) Defendant's 47 Motion for Extension is DENIED as moot. So ORDERED by Judge James E. Boasberg on 10/26/17. (lcjeb1) Modified on 10/26/2017 (nbn). (Entered: 10/26/2017)
2017-10-26Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 10/26/2017. Order issued. (Court Reporter Lisa Griffith) (nbn) (Entered: 10/26/2017)
2017-10-26Set/Reset Deadlines: Summary Judgment motions due by 11/9/2017. Response to Motion for Summary Judgment due by 11/27/2017. Reply to Motion for Summary Judgment due by 12/8/2017. (nbn) (Entered: 10/26/2017)
2017-11-0951MOTION for Extension of Time to File Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Sroka, Scott) (Entered: 11/09/2017)
2017-11-0952Memorandum in opposition to re 51 MOTION for Extension of Time to File Motion for Summary Judgment filed by JAMES LUTCHER NEGLEY. (Lee, Clarence) (Entered: 11/09/2017)
2017-11-13MINUTE ORDER: Given that Defendant indicated in open court on October 26, 2017, that November 9, 2017, was a reasonable deadline for filing a motion for summary judgment, its current Motion for Extension insufficiently explains why a substantial extension of two months is warranted. The Court, accordingly, ORDERS that Defendant's 51 Motion is GRANTED IN PART, and it shall have until December 8, 2017, to file its motion for summary judgment. So ORDERED by Judge James E. Boasberg on 11/13/17. (lcjeb1) (Entered: 11/13/2017)
2017-11-13Set/Reset Deadlines: Summary Judgment motions due by 12/8/2017. (nbn) (Entered: 11/13/2017)
2017-12-0853MOTION for Extension of Time to File Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Sroka, Scott) (Entered: 12/08/2017)
2017-12-08MINUTE ORDER: Should Plaintiff oppose Defendant's 53 Motion, the Court ORDERS that he shall file such opposition by December 11, 2017. So ORDERED by Judge James E. Boasberg on 12/8/2017. (lcjeb3) (Entered: 12/08/2017)
2017-12-08Set/Reset Deadlines: Opposition due by 12/11/2017. (nbn) (Entered: 12/08/2017)
2017-12-1154Memorandum in opposition to re 53 MOTION for Extension of Time to File Motion for Summary Judgment filed by JAMES LUTCHER NEGLEY. (Lee, Clarence) (Entered: 12/11/2017)
2017-12-11MINUTE ORDER: The Court ORDERS that Defendant's 53 Motion is GRANTED IN PART and DENIED IN PART. The Motion for Summary Judgment shall be filed by December 13, 2017. So ORDERED by Judge James E. Boasberg on 12/11/17. (lcjeb1) (Entered: 12/11/2017)
2017-12-11Set/Reset Deadlines: Summary Judgment motions due by 12/13/2017. (nbn) (Entered: 12/11/2017)
2017-12-1355MOTION for Summary Judgment and Supporting Memorandum by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts and Proposed Order, # 2 Declaration of David M. Hardy with Exhibits A-K, # 3 Declaration of Tricia Francis, # 4 Exhibit A to Francis Declaration, # 5 Exhibit B to Francis Declaration, # 6 Exhibit C to Francis Declaration, # 7 Exhibit D and E to Francis Declaration, # 8 Exhibit F to Francis Declaration, # 9 Exhibit G to Francis Declaration, # 10 Exhibit H to Francis Declaration, # 11 Exhibit I to Francis Declaration, # 12 Exhibit J and K to Francis Declaration, # 13 Exhibit L to Francis Declaration, # 14 Declaration of Denise Swain, # 15 Exhibit A of Swain Declaration, # 16 Exhibit B of Swain Declaration)(Sroka, Scott) (Attachment 2 replaced on 12/27/2017) (znmw). (Entered: 12/13/2017)
2017-12-2056Consent MOTION FOR EXTENSION OF TIME TO FILE OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT re 55 MOTION for Summary Judgment and Supporting Memorandum by JAMES LUTCHER NEGLEY (Lee, Clarence) (Entered: 12/20/2017)
2017-12-20MINUTE ORDER: The Court ORDERS that Plaintiff's 56 Motion is DENIED WITHOUT PREJUDICE. He has docketed it as a "Consent Motion," but the representations contained therein do not support such characterization. So ORDERED by Judge James E. Boasberg on 12/20/17. (lcjeb1) (Entered: 12/20/2017)
2017-12-2057MOTION FOR EXTENSION OF TIME TO FILE OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (Dkt55) by JAMES LUTCHER NEGLEY (Lee, Clarence) (Entered: 12/20/2017)
2017-12-21MINUTE ORDER: The Court ORDERS that if the Government opposes Plaintiff's 57 Motion, it shall file such opposition by December 26, 2017. So ORDERED by Judge James E. Boasberg on 12/21/17. (lcjeb1) (Entered: 12/21/2017)
2017-12-21Set/Reset Deadlines: Responses due by 12/26/2017. (nbn) (Entered: 12/22/2017)
2017-12-2658Memorandum in opposition to re 57 MOTION FOR EXTENSION OF TIME TO FILE OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (Dkt55) filed by UNITED STATES DEPARTMENT OF JUSTICE. (Sroka, Scott) (Entered: 12/26/2017)
2017-12-27MINUTE ORDER GRANTING 57 Motion for Extension of Time to File. The Court ORDERS that Plaintiff shall file his Opposition to Defendant's Motion for Summary Judgment on or before January 26, 2018. So ORDERED by Judge James E. Boasberg on 12/27/2017. (lcjeb2) (Entered: 12/27/2017)
2017-12-27Set/Reset Deadlines: Plaintiff's Opposition to Defendant's Motion for Summary Judgment due by 1/26/2018. (lsj) (Entered: 12/27/2017)
2018-01-2659Memorandum in opposition to re 55 MOTION for Summary Judgment and Supporting Memorandum filed by JAMES LUTCHER NEGLEY. (Attachments: # 1 Statement of Facts, # 2 Exhibit A - G)(Lee, Clarence) (Entered: 01/26/2018)
2018-02-08MINUTE ORDER: The Court ORDERS that the parties shall appear for a status hearing on February 16, 2018, at 9:30am in Courtroom 25. So ORDERED by Judge James E. Boasberg on 2/8/2018. (lcjeb3) (Entered: 02/08/2018)
2018-02-08Set/Reset Hearings: Status Conference set for 2/16/2018 at 09:30 AM in Courtroom 25 before Judge James E. Boasberg. (nbn) (Entered: 02/08/2018)
2018-02-1560MOTION for Extension of Time to Accept Late Filed Reply Brief by UNITED STATES DEPARTMENT OF JUSTICE (Sroka, Scott) (Entered: 02/15/2018)
2018-02-1561REPLY to opposition to motion re 55 MOTION for Summary Judgment and Supporting Memorandum filed by UNITED STATES DEPARTMENT OF JUSTICE. (Sroka, Scott) (Entered: 02/15/2018)
2018-02-16MINUTE ORDER GRANTING Defendant's 60 Motion for Extension of Time to File Late Reply. So ORDERED by Judge James E. Boasberg on 2/16/18. (lcjeb1) (Entered: 02/16/2018)
2018-02-16Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 2/16/2018. A further Status Conference is set for 2/22/2018 at 09:30 AM in Courtroom 25 before Judge James E. Boasberg. (Court Reporter Lisa Griffith) (nbn) (Entered: 02/16/2018)
2018-02-16MINUTE ORDER: As discussed at today's status hearing, the Court ORDERS that the parties shall appear for a further status hearing on February 22, 2018, to further address the contents of the 500,000-page file and Plaintiff's desire to pay for a copy thereof. So ORDERED by Judge James E. Boasberg on 2/16/2018. (lcjeb) (Entered: 02/16/2018)
2018-02-22MINUTE ORDER: As discussed in today's status hearing, the Court ORDERS that: 1) By March 1, 2018, the Government will submit a declaration indicating, if true, that the 500,000-page file is the entire UNABOM file as of 2002; 2) By the same date, it will also notify Plaintiff of the cost and schedule of producing such file; and 3) By March 8, 2018, Plaintiff shall file a notice informing the Court whether he does or does not want such pages and, in either event, why judgment should not be entered in favor of the Government. So ORDERED by Judge James E. Boasberg on 2/22/2018. (lcjeb3) (Entered: 02/22/2018)
2018-02-22Set/Reset Deadlines: Government's declaration due by 3/1/2018. Plaintiff's Notice due by 3/8/2018 (lsj) (Entered: 02/22/2018)
2018-02-22Minute Entry: Status Conference held on 2/22/2018 before Judge James E. Boasberg: See Minute Order previously entered today. (Court Reporter Lisa Griffith. (tb) (Entered: 02/22/2018)
2018-03-0162ENTERED IN ERROR.....NOTICE of Filing Declaration of David M. Hardy by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration of David M. Hardy)(Sroka, Scott) Modified on 3/2/2018 (znmw). (Entered: 03/01/2018)
2018-03-02NOTICE OF ERROR re 62 Notice (Other); emailed to scott.sroka@usdoj.gov, cc'd 5 associated attorneys -- The PDF file you docketed contained errors: 1. Document incomplete/illegible, 2. Please refile document, 3. ENTERED IN ERROR; Cannot open de (Entered: 03/02/2018)
2018-03-0763RESPONSE TO ORDER OF THE COURT re Order,, filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration of David M. Hardy)(Sroka, Scott) (Entered: 03/07/2018)
2018-03-0764Consent MOTION for Extension of Time to File Response to Defendant's Declaration by JAMES LUTCHER NEGLEY (Attachments: # 1 Text of Proposed Order)(Lee, Clarence) (Entered: 03/07/2018)
2018-03-07MINUTE ORDER GRANTING Plaintiff's 64 Motion for Extension of Time. The Court ORDERS that Plaintiff shall file any response to Defendant's Declaration on or before March 12, 2018. So ORDERED by Judge James E. Boasberg on 3/7/18. (lcjeb1) (Entered: 03/07/2018)
2018-03-07Set/Reset Deadlines: Responses due by 3/12/2018. (znbn) (Entered: 03/08/2018)
2018-03-1265RESPONSE re 63 BY PLAINTIFF TO DEFENDANT'S DECLARATION (DKT 63) filed by JAMES LUTCHER NEGLEY. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Lee, Clarence) Modified to add link on 3/13/2018 (znmw). (Entered: 03/12/2018)
2018-03-2866NOTICE OF WITHDRAWAL OF APPEARANCE as to UNITED STATES DEPARTMENT OF JUSTICE. Attorney April Denise Seabrook terminated. (Seabrook, April) (Entered: 03/28/2018)
2018-04-0367ORDER: The Court ORDERS that: 1) Defendant's 55 Motion for Summary Judgment is GRANTED; and 2) Judgment is ENTERED in favor of Defendant. Signed by Judge James E. Boasberg on 4/3/2018. (lcjeb3) (Entered: 04/03/2018)
2018-04-0368MEMORANDUM OPINION re 67 ORDER granting Defendant's Motion for Summary Judgment. Signed by Judge James E. Boasberg on 4/3/2018. (lcjeb3) (Entered: 04/03/2018)
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