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Case TitleFARAHI v. FEDERAL BUREAU OF INVESTIGATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv02122
Date Filed2015-12-08
Date Closed2023-08-25
JudgeJudge Reggie B. Walton
PlaintiffFOAD FARAHI
Case DescriptionFoad Farahi submitted a FOIA request to the FBI for records concerning the FBI's involvement in Farahi's challenge to the government's decision to deport him. The FBI told Farahi that it had more than 10,000 pages of responsive records and indicated that he would be required to pay the costs of providing them in electronic form. Farahi paid the agency the estimated fees. At his immigration hearing in Miami, he asked for a postponement until he received the FBI records. The agency sent another letter indicating that his request had been assigned to another processor, but after hearing nothing further from the agency, Farahi filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantFEDERAL BUREAU OF INVESTIGATION
AppealD.C. Circuit 23-5243
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [52]
FOIA Project Annotation: Judge Reggie Walton has ruled that the FBI properly withheld the majority of records requested by Foad Farahi, who was contesting his immigration removal proceedings. In response to Farahi's request, the FBI located 10,750 responsive pages, as well as 80 CDs consisting of audio and video potentially responsive to his request. In March 2017, Walton ordered the FBI to process the records at a rate of 500 pages a month. In its first 500 pages a month review, the FBI examined 504 pages and determined to withhold all of them under Exemption 7(A) (interference with ongoing investigation or proceeding). The agency next informed Farahi that it had reviewed 63 pages and was releasing 61 pages in full or in part. Between May 2017 and June 2019, the FBI reviewed the rest of the records. In its last release, the agency disclosed 381 pages. Most of the records were still withheld under Exemption 7(A). Walton allowed the agency to provide a classified declaration under seal for the Court to review in camera. After finding that the records were compiled for law enforcement purposes, Walton indicated that he agreed that the agency had provided functional categories for review and that the agency had conducted an adequate document-by-document review. He also agreed that disclosure of the withheld categories could potentially harm law enforcement and, further that disclosure of the withheld records would still impact a pending investigation or proceeding. Farahi argued that disclosure would not cause harm. However, Walton noted that, while the records still seemed to qualify under Exemption 7(A), his ruling "is inconclusive because a significant time has passed since the filing of [the FBI's Declaration] and the classified ex parte declaration. . ." He indicated that "because the relevant proceeding under Exemption 7(A) must remain pending at the time of the Court's decision, not only at the time of the initial FOIA request, the Court will deny the defendant's motion without prejudice and require the defendant to reassess whether the relevant 'enforcement proceedings' remain pending or reasonably anticipated, as described in the declarations submitted to the Court."
Issues: Exemption 7(A) - Categorical exemption
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-12-081COMPLAINT against FEDERAL BUREAU OF INVESTIGATION ( Filing fee $ 400 receipt number 0090-4341816) filed by FOAD FARAHI. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Summons for Defendant FBI, # 3 Summons Summons for US Atty Office of DC as required by FRCP 4(i), # 4 Summons Summons for Attorney General of DOJ as required by FRCP 4(i))(Swift, Charles) (Entered: 12/08/2015)
2015-12-08Case Assigned to Judge Reggie B. Walton. (sth) (Entered: 12/09/2015)
2016-01-112REQUEST FOR CORRECTED SUMMONS TO ISSUE re 1 Complaint, filed by FOAD FARAHI. Related document: 1 Complaint, filed by FOAD FARAHI.(Swift, Charles) (Entered: 01/11/2016)
2016-01-123SUMMONS (3) Issued Electronically as to FEDERAL BUREAU OF INVESTIGATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent) (md) (Entered: 01/12/2016)
2016-01-274RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/12/2016. Answer due for ALL FEDERAL DEFENDANTS by 2/11/2016. (Swift, Charles) (Entered: 01/27/2016)
2016-01-275RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 01/13/2016. (Swift, Charles) (Entered: 01/27/2016)
2016-01-276RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 1/14/2016 (Swift, Charles) (Entered: 01/27/2016)
2016-02-117NOTICE of Appearance by Kenneth A. Adebonojo on behalf of FEDERAL BUREAU OF INVESTIGATION (Adebonojo, Kenneth) (Entered: 02/11/2016)
2016-02-118Consent MOTION for Extension of Time to File Answer to Complaint by FEDERAL BUREAU OF INVESTIGATION (Adebonojo, Kenneth) (Entered: 02/11/2016)
2016-02-12MINUTE ORDER granting 8 Motion for Extension of Time to Answer. In light of the plaintiff's consent, and for good cause shown, it is hereby ORDERED that the defendant's Motion for Extension of Time to File Answer 8 is GRANTED, and the defendant shall respond to the Complaint by February 22, 2016. Signed by Judge Reggie B. Walton on February 12, 2016. (lcrbw1) (Entered: 02/12/2016)
2016-02-12Set/Reset Deadline: The defendant shall respond to the Complaint by 2/22/2016, (ad) (Entered: 02/12/2016)
2016-02-229ANSWER to Complaint by FEDERAL BUREAU OF INVESTIGATION.(Adebonojo, Kenneth) (Entered: 02/22/2016)
2016-02-2410GENERAL ORDER. Signed by Judge Reggie B. Walton on February 24, 2016. (lcrbw1) (Entered: 02/24/2016)
2016-02-24MINUTE ORDER. To ensure the expeditious resolution of this action, and because this qualifies as an exempted case under Local Civil Rule 16.3(b), it is hereby ORDERED that the parties shall file a joint proposed schedule governing further proceedings on or before March 28, 2016. Signed by Judge Reggie B. Walton on February 24, 2016. (lcrbw1) (Entered: 02/24/2016)
2016-02-24Set/Reset Deadline: The parties shall file a joint proposed schedule governing further proceedings on or before 3/28/2016. (ad) (Entered: 02/24/2016)
2016-03-2511STATUS REPORT on Joint Proposed Schedule by FEDERAL BUREAU OF INVESTIGATION. (Adebonojo, Kenneth) (Entered: 03/25/2016)
2016-03-29MINUTE ORDER. In light of the parties' Joint Proposed Schedule 11 , it is hereby ORDERED that: (1) the FBI shall release to the plaintiff all segregable non-exempt material by April 30, 2016; (2) on or before May 31, 2016, the parties shall confer to determine whether summary judgment motions will be required; and (3) the parties shall file a Status Report by June 8, 2016, informing the Court of whether dispositive motion practice is required and proposing a briefing schedule if necessary. Signed by Judge Reggie B. Walton on March 29, 2016. (lcrbw1) (Entered: 03/29/2016)
2016-03-29Set/Reset Deadlines: Joint Status Report due by 6/8/2016 (hs) (Entered: 03/29/2016)
2016-06-0812STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION. (Adebonojo, Kenneth) (Entered: 06/08/2016)
2016-06-0813MOTION for Order Preserving Certain Exemptions by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Declaration Attachment 1, # 2 Exhibit A)(Adebonojo, Kenneth) (Entered: 06/08/2016)
2016-10-21MINUTE ORDER. In light of the representation in the parties' Status Report filed on June 8, 2016, that the plaintiff "will file a reply [to the defendant's Motion for an Order Preserving Certain Exemptions] within 14 calendar days of being served with such a motion," and because approximately 4 months have passed since the plaintiff's response was due, it is hereby ORDERED that the plaintiff shall file his response to the defendant's motion on or before November 4, 2016. Signed by Judge Reggie B. Walton on 10/21/16. (lcrbw1, ) (Entered: 10/21/2016)
2016-10-24Set/Reset Deadlines: Plaintiff's Response due by 11/4/2016 (hs) (Entered: 10/24/2016)
2016-11-0314Memorandum in opposition to re 13 MOTION for Order Preserving Certain Exemptions filed by FOAD FARAHI. (Attachments: # 1 Proposed Order)(Swift, Charles) (Entered: 11/03/2016)
2016-11-1415Consent MOTION for Extension of Time to File a Reply to Plaintiff's Opposition to Defendant's Motion to Preserve Certain Exemptions by FEDERAL BUREAU OF INVESTIGATION (Adebonojo, Kenneth) (Entered: 11/14/2016)
2016-11-16MINUTE ORDER. Upon consideration of the defendant's 15 Motion to Enlarge Time to File a Reply to Plaintiff's Opposition to Defendant's Motion for Order Preserving Certain Exemptions, and for good cause shown, it is hereby ORDERED that the defendant's motion is GRANTED. It is further ORDERED that the defendant shall file its Reply on or before December 13, 2016. Signed by Judge Reggie B. Walton on 11/16/16. (lcrbw1) (Entered: 11/16/2016)
2016-11-16Set/Reset Deadlines: Defendant's Reply due by 12/13/2016. (hs) (Entered: 11/16/2016)
2016-12-1316Consent MOTION for Extension of Time to File a Reply to Plaintiff's Opposition to Defendant's Motion for an Order Preserving Certain Exemptions by FEDERAL BUREAU OF INVESTIGATION (Adebonojo, Kenneth) (Entered: 12/13/2016)
2016-12-15MINUTE ORDER. Upon consideration of the 16 Motion to Enlarge Time to File a Reply to Plaintiff's Opposition to Defendant's Motion for Order Preserving Certain Exemptions, and for good cause shown, it is hereby ORDERED that this motion is GRANTED. It is further ORDERED that the defendant shall file its reply on or before December 16, 2016. Signed by Judge Reggie B. Walton on December 15, 2016. (lcrbw1) (Entered: 12/15/2016)
2016-12-16Set/Reset Deadlines: Reply due by 12/16/2016. (hs) (Entered: 12/16/2016)
2016-12-1617REPLY to opposition to motion re 13 MOTION for Order Preserving Certain Exemptions filed by FEDERAL BUREAU OF INVESTIGATION. (Adebonojo, Kenneth) (Entered: 12/16/2016)
2017-01-2318ORDER. For the reasons stated in the attached Order, it is hereby ORDERED that the FBI's 13 Motion for an Order Preserving Certain Exemptions, and Memorandum of Points and Authorities in Support Thereof is DENIED. It is further ORDERED that the parties shall file a joint status report on or before February 6, 2017, regarding the progress of production of responsive records and a revised proposed schedule governing further production of such records.(lcrbw1) (Entered: 01/23/2017)
2017-01-23Set/Reset Deadlines: Joint Status Report due by 2/6/2017 (hs) (Entered: 01/23/2017)
2017-02-0619PROPOSED BRIEFING SCHEDULE by Defendant by FEDERAL BUREAU OF INVESTIGATION. (Adebonojo, Kenneth) Modified event title on 2/7/2017 (znmw). (Entered: 02/06/2017)
2017-02-0620PROPOSED BRIEFING SCHEDULE by Plaintiff by FOAD FARAHI. (Attachments: # 1 Text of Proposed Order)(Swift, Charles) Modified event title on 2/7/2017 (znmw). (Entered: 02/06/2017)
2017-02-07MINUTE ORDER. Upon consideration of the 19 Defendant's Proposed Schedule and the 20 Plaintiff's Proposed Schedule, it is hereby ORDERED that the parties shall appear for a status hearing on Wednesday, February 22, 2017, at 9:00 a.m. It is further ORDERED that the defendant shall be prepared to address the number of other pending FOIA requests it is currently processing, the amount of resources it has available to conduct those requests, and why additional resources cannot be devoted to processing the plaintiff's request. Signed by Judge Reggie B. Walton on February 7, 2017. (lcrbw1) (Entered: 02/07/2017)
2017-02-07Set/Reset Hearings: Status Conference set for 2/22/2017 at 09:00 AM in Courtroom 16 before Judge Reggie B. Walton. (hs) (Entered: 02/07/2017)
2017-02-1321Unopposed MOTION to Continue Status Hearing by FEDERAL BUREAU OF INVESTIGATION (Adebonojo, Kenneth) (Entered: 02/13/2017)
2017-02-14MINUTE ORDER. Upon consideration of the defendant's 21 Motion to Continue Status Hearing, and for good cause shown, it is hereby ORDERED that this motion is GRANTED. It is further ORDERED that the Status Hearing currently scheduled for February 22, 2017, at 9 a.m. is hereby CONTINUED until March 7, 2017, at 9:30 a.m. Signed by Judge Reggie B. Walton on February 14, 2017. (lcrbw1) (Entered: 02/14/2017)
2017-02-14Set/Reset Hearings: Status Conference reset for 3/7/2017 at 09:30 AM in Courtroom 16 before Judge Reggie B. Walton. (hs) (Entered: 02/14/2017)
2017-03-0322NOTICE of Filing of Defendant's Declaration by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Declaration)(Adebonojo, Kenneth) (Main Document 22 replaced on 3/6/2017) (ztd). (Attachment 1 replaced on 3/6/2017) (ztd). (Attachment 1 replaced on 3/6/2017) (ztd). (Entered: 03/03/2017)
2017-03-07Minute Entry; for proceedings held before Judge Reggie B. Walton: Status Conference held on 3/7/2017. Defendant's In-Camera Submissions due by 3/21/2017. Status Conference set for 3/23/2017 at 11:30 AM in Courtroom 16 before Judge Reggie B. Walton. (Court Reporter Cathryn Jones) (hs) (Entered: 03/07/2017)
2017-03-0723ORDER. In accordance with the Court's oral rulings at the status conference held on this same date, it is hereby ORDERED that the FBI shall file a sealed memorandum on or before March 21, 2017, regarding (1) the type of investigation it is currently conducting regarding the plaintiff, (2) how long it expects the investigation to remain open, (3) why the investigation has remained open for as long as counsel for the plaintiff represented to the Court, and (4) why the production of documents in response to the plaintiff's Freedom Of Information Act request would jeopardize the investigation. It is further ORDERED that the parties shall appear for a status conference on March 23, 2017, at 11:30 a.m. Signed by Judge Reggie B. Walton on March 7, 2017. (lcrbw1) (Entered: 03/07/2017)
2017-03-2124NOTICE of Submission of Defendant's Declaration to Chambers for In Camera Review by FEDERAL BUREAU OF INVESTIGATION (Adebonojo, Kenneth) (Entered: 03/21/2017)
2017-03-23Minute Entry; for proceedings held before Judge Reggie B. Walton: Status Conference held on 3/23/2017. Status Conference set for 9/26/2107 at 10:00 AM in Courtroom 16 before Judge Reggie B. Walton. (Court Reporter Cathryn Jones) (hs) (Entered: 03/23/2017)
2017-03-23MINUTE ORDER. In accordance with the Court's oral rulings at the status conference held on this same date, it is hereby ORDERED that the FBI shall process 500 pages of records per month and produce any non-exempt records to the plaintiff on a rolling basis. It is further ORDERED that the parties shall appear for a status conference on September 26, 2017, at 10:00 a.m. Signed by Judge Reggie B. Walton on March 23, 2017. (lcrbw1) (Entered: 03/23/2017)
2017-09-1525Unopposed MOTION for Leave to Appear by Phone for Status Conference Hearing by FOAD FARAHI (Attachments: # 1 Text of Proposed Order)(Swift, Charles) (Entered: 09/15/2017)
2017-09-15MINUTE ORDER. Upon consideration of the plaintiff's counsel's 25 Unopposed Motion for Leave to Appear by Phone, and for good cause shown, it is hereby ORDERED that this motion is GRANTED. It is further ORDERED that counsel for the plaintiff, Charles Swift, is permitted to appear by phone for the status conference scheduled for September 26, 2017, at 10:00 a.m. Signed by Judge Reggie B. Walton on September 15, 2017. (lcrbw1) (Entered: 09/15/2017)
2017-09-2526STATUS REPORT (Processing) by FEDERAL BUREAU OF INVESTIGATION. (Adebonojo, Kenneth) (Entered: 09/25/2017)
2017-09-2527MOTION to Continue Status Conference Hearing Call 10/02/2017 by FOAD FARAHI (Swift, Charles) Modified event title on 9/26/2017 (znmw). (Entered: 09/25/2017)
2017-09-26MINUTE ORDER granting 27 Unopposed Motion for Continuance. It is hereby ORDERED that the status conference scheduled for September 26, 2017 is CONTINUED to October 3, 2017, at 2:30 p.m. Signed by Judge Reggie B. Walton on September 26, 2017. (lcrbw1) (Entered: 09/26/2017)
2017-09-26Set/Reset Hearings: Status Conference reset for 10/3/2017 at 02:30 PM in Courtroom 16 before Judge Reggie B. Walton. (hs) (Entered: 09/26/2017)
2017-09-27MINUTE ORDER. Upon consideration of the government's 26 Status Report (Processing), it is hereby ORDERED that the status conference scheduled for October 3, 2017, is VACATED. It is further ORDERED that the parties shall file a joint status report on or before March 25, 2018, regarding the status of review and production in this matter. Signed by Judge Reggie B. Walton on September 27, 2017. (lcrbw1) (Entered: 09/27/2017)
2017-09-28Set/Reset Deadlines: Joint Status Report due by 3/25/2018 (hs) (Entered: 09/28/2017)
2018-03-2628Joint STATUS REPORT by FOAD FARAHI. (Swift, Charles) (Entered: 03/26/2018)
2018-03-27MINUTE ORDER. Upon consideration of the parties' 28 Joint Status Report (Processing and Production), it is hereby ORDERED that the parties shall file a joint status report on or before September 27, 2018, regarding the status of review and production in this matter, including how many unprocessed pages of documents remain outstanding. Signed by Judge Reggie B. Walton on March 27, 2018. (lcrbw1) (Entered: 03/27/2018)
2018-03-27Set/Reset Deadlines: Joint Status Report due by 9/27/2018 (hs) (Entered: 03/27/2018)
2018-09-2729Joint STATUS REPORT by FOAD FARAHI. (Swift, Charles) (Entered: 09/27/2018)
2018-10-0330ORDER. In accordance with the attached Order, it is hereby ORDERED that the parties shall appear for a status conference on October 17, 2018, at 11:00 a.m. Signed by Judge Reggie B. Walton on October 3, 2018. (lcrbw1) (Entered: 10/03/2018)
2018-10-03Set/Reset Hearings: Status Conference set for 10/17/2018 at 11:00 AM in Courtroom 16 before Judge Reggie B. Walton. (hs) (Entered: 10/03/2018)
2018-10-17Minute Entry; for proceedings held before Judge Reggie B. Walton: Status Conference held on 10/17/2018. Scheduling Order to issue from chambers. Status Conference set for 5/22/2019 at 09:30 AM in Courtroom 16 before Judge Reggie B. Walton. (Court Reporter Cathryn Jones) (hs) (Entered: 10/17/2018)
2018-10-17MINUTE ORDER. In accordance with the Court's oral rulings at the status conference held on this same date, it is hereby ORDERED that, on or before May 17, 2019, the parties shall file a joint status report governing further proceedings in this case, including the deadline for the defendant's production of a Vaughn index and a joint proposed briefing schedule governing the filing of dispositive motions. It is further ORDERED that the parties shall appear for a status conference on May 22, 2019, at 9:30 a.m. Signed by Judge Reggie B. Walton on October 17, 2018. (lcrbw1) (Entered: 10/17/2018)
2018-10-18Set/Reset Deadlines: Joint Status Report due by 5/17/2018 (hs) (Entered: 10/18/2018)
2019-05-1431Consent MOTION for Extension of Time to File the Parties' Status Report and Continue Status Conference by FEDERAL BUREAU OF INVESTIGATION (Adebonojo, Kenneth). Added MOTION to Continue on 5/14/2019 (ztd). (Entered: 05/14/2019)
2019-05-16MINUTE ORDER. Upon consideration of the defendant's 31 Motion to Enlarge Time to File the Parties['] Status Report and Continue the Status Conference, and for good cause shown, it is hereby ORDERED that this motion is GRANTED. It is further ORDERED that, on or before June 26, 2019, the parties shall file a joint status report governing further proceedings in this case, including the deadline for the defendant's production of a Vaughn index and a joint proposed briefing schedule governing the filing of dispositive motions. It is further ORDERED that the status conference currently scheduled for May 22, 2019, is CONTINUED to July 1, 2019, at 11:00 a.m. Signed by Judge Reggie B. Walton on May 16, 2019. (lcrbw1) (Entered: 05/16/2019)
2019-05-16Set/Reset Deadlines/Hearings: Joint Status Report due by 6/26/2019, Status Conference reset for 7/1/2019 at 11:00 AM in Courtroom 16 before Judge Reggie B. Walton. (hs) (Entered: 05/16/2019)
2019-06-2632Joint STATUS REPORT by FOAD FARAHI. (Attachments: # 1 Text of Proposed Order Plaintiff, # 2 Text of Proposed Order Defendant)(Swift, Charles) (Entered: 06/26/2019)
2019-07-01Minute Entry for proceedings held before Judge Reggie B. Walton: Status Conference held on 7/1/2019. Government Motion For Summary Judgment due by 09/27/2019. Plaintiff Opposition To Motion For Summary Judgment and Cross-Motion For Summary Judgment, If Any, due by 12/06/2019. Government Reply To Plaintiff's Opposition To Motion For Summary Judgment And Opposition To Cross-Motion For Summary Judgment, If Any, due by 01/10/2020. Plaintiff Reply To Opposition Of Cross-Motion For Summary Judgment, If Any, due by 2/14/2020. Motion Hearing set for 5/15/2020 at 9:30 AM in Courtroom 16 before Judge Reggie B. Walton. (Court Reporter CATHRYN JONES.) (mac) (Entered: 07/01/2019)
2019-07-1133ORDER. In accordance with the oral rulings issued by the Court at the status conference held on July 1, 2019, it is hereby ORDERED that the defendant shall file its motion for summary judgment, and any supporting declaration or Vaughn index, on or before September 27, 2019. It is further ORDERED that, on or before October 14, 2019, the parties shall confer in good faith to resolve any disputes regarding the defendant's supporting declaration or Vaughn index. It is further ORDERED that the plaintiff shall file his opposition to the defendant's motion and any cross-motion for summary judgment on or before December 6, 2019. It is further ORDERED that the defendant shall file its combined reply in support of its motion and opposition to any cross-motion on or before January 10, 2020. It is further ORDERED that the plaintiff shall file his reply in support of any cross-motion on or before February 14, 2020. It is further ORDERED that the parties shall appear for a status conference on May 15, 2020, at 9:30 a.m., which is the target date for the resolution of the parties' cross-motions for summary judgment. Signed by Judge Reggie B. Walton on July 11, 2019. (lcrbw1) (Entered: 07/11/2019)
2019-07-11Set/Reset Deadlines/Hearings: Cross Motions due by 12/6/2019. Response to Cross Motions due by 1/10/2020. Reply to Cross Motions due by 2/14/2020. Summary Judgment motions due by 9/27/2019. Response to Motion for Summary Judgment due by 12/6/2019. Reply to Motion for Summary Judgment due by 1/10/2020. Status Conference set for 5/14/2020 at 09:30 AM in Courtroom 16 before Judge Reggie B. Walton. (gdf) (Entered: 07/12/2019)
2019-09-2634MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION (Adebonojo, Kenneth) (Entered: 09/26/2019)
2019-09-27MINUTE ORDER. Upon consideration of the defendant's 34 Motion to Enlarge Time to File [Motion] [for] [Summary] [Judgment] and Continue the Status Conference, and for good cause shown, it is hereby ORDERED that this motion is GRANTED. It is further ORDERED that the defendant shall file its motion for summary judgment, and any supporting declaration or Vaughn index, on or before October 28, 2019. It is further ORDERED that, on or before November 15, 2019, the parties shall confer in good faith to resolve any disputes regarding the defendant's supporting declaration or Vaughn index. It is further ORDERED that the plaintiff shall file his opposition to the defendant's motion and any cross-motion for summary judgment on or before December 30, 2019. It is further ORDERED that the defendant shall file its combined reply in support of its motion and opposition to any cross-motion on or before February 5, 2020. It is further ORDERED that the plaintiff shall file his reply in support of any cross-motion on or before March 10, 2020. It is further ORDERED that the parties shall appear for a status conference on June 10, 2020, at 9:30 a.m., which is the target date for the resolution of the parties' cross-motions for summary judgment. Signed by Judge Reggie B. Walton on September 27, 2019. (lcrbw1) (Entered: 09/27/2019)
2019-09-30Set/Reset Deadlines/Hearings: Summary Judgment motions due by 10/28/2019. Response to Motion for Summary Judgment due by 12/30/2019. Reply to Motion for Summary Judgment due by 2/5/2020. Cross Motions due by 12/30/2019. Response to Cross Motions due by 2/5/2020. Reply to Cross Motions due by 3/10/2020. Status Conference set for 6/10/2020 at 09:30 AM in Courtroom 16 before Judge Reggie B. Walton. (hs) (Entered: 09/30/2019)
2019-10-2835MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION (Adebonojo, Kenneth) Modified on 10/29/2019 (zjf). (Entered: 10/28/2019)
2019-10-30MINUTE ORDER. Upon consideration of the defendant's 35 Motion to Enlarge Time to File Defendant's Motion for Summary Judgment, and for good cause shown, it is hereby ORDERED that this motion is GRANTED. It is further ORDERED that the defendant shall file its motion for summary judgment, and any supporting declaration or Vaughn index, on or before October 31, 2019. All other deadlines shall remain in effect. Signed by Judge Reggie B. Walton on October 30, 2019. (lcrbw1) (Entered: 10/30/2019)
2019-10-31Set/Reset Deadlines: Summary Judgment motion due by 10/31/2019. (hs) (Entered: 10/31/2019)
2019-10-3136MOTION for Leave to File to Submit a Declaration in Support of Defendant's Motion for Summary Judgment Under Seal Ex parte In Camera by FEDERAL BUREAU OF INVESTIGATION (Adebonojo, Kenneth) (Entered: 10/31/2019)
2019-10-3137MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit, # 4 Exhibit)(Adebonojo, Kenneth) (Entered: 10/31/2019)
2019-12-2338Unopposed MOTION for Extension of Time to file opposition to the defendant's motion and cross-motion for summary judgment by FOAD FARAHI (Attachments: # 1 Text of Proposed Order)(Swift, Charles) (Entered: 12/23/2019)
2019-12-26MINUTE ORDER. Upon consideration of the plaintiff's 38 Motion to Enlarge Time to File Plaintiff's Opposition to Defendant's Motion and Cross-Motion for Summary Judgment, and for good cause shown, it is hereby ORDERED that this motion is GRANTED. It is further ORDERED that the plaintiff shall file his opposition to the defendant's motion and any cross-motion for summary judgment on or before January 17, 2020. It is further ORDERED that the defendant shall file its combined reply in support of its motion and opposition to any cross-motion on or before February 24, 2020. It is further ORDERED that the plaintiff shall file his reply in support of any cross-motion on or before April 3, 2020. Signed by Judge Reggie B. Walton on December 26, 2019. (lcrbw1) (Entered: 12/26/2019)
2019-12-31Set/Reset Deadlines: Cross Motions due by 1/17/2020. Response to Cross Motions due by 2/24/2020. Reply to Cross Motions due by 4/3/2020. Responses due by 1/17/2020 Replies due by 2/24/2020. (hs) (Entered: 12/31/2019)
2020-01-1739RESPONSE re 37 MOTION for Summary Judgment filed by FOAD FARAHI. (Attachments: # 1 Exhibit Letter Dated April 24, 2007)(Swift, Charles) (Entered: 01/17/2020)
2020-02-2440Consent MOTION for Extension of Time to File A Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION (Adebonojo, Kenneth) (Entered: 02/24/2020)
2020-02-25MINUTE ORDER. Upon consideration of the defendant's 40 Motion to Enlarge Time to File Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment, and for good cause shown, it is hereby ORDERED that this motion is GRANTED. It is further ORDERED that the defendant shall file its reply in support of its motion for summary judgment on or before March 17, 2020. Signed by Judge Reggie B. Walton on February 25, 2020. (lcrbw1) (Entered: 02/25/2020)
2020-02-25Set/Reset Deadlines: Defendant shall file its reply in support of its motion for summary judgment on or before March 17, 2020. (ztl) (Entered: 02/25/2020)
2020-03-1741REPLY to opposition to motion re 37 MOTION for Summary Judgment filed by FEDERAL BUREAU OF INVESTIGATION. (Adebonojo, Kenneth) (Entered: 03/17/2020)
2020-03-3142Consent MOTION for Extension of Time to File Response/Reply in support of cross motion for summary judgment by FOAD FARAHI (Swift, Charles) (Entered: 03/31/2020)
2020-04-01MINUTE ORDER. Upon consideration of the plaintiff's 42 Motion to Enlarge Time to File a Reply in Support of Cross Motion for Summary Judgment, and for good cause shown, it is hereby ORDERED that this motion is GRANTED. It is further ORDERED that the plaintiff shall file his reply in support of his cross motion for summary judgment on or before April 30, 2020. Signed by Judge Reggie B. Walton on April 1, 2020. (lcrbw1) (Entered: 04/01/2020)
2020-04-02Set/Reset Deadlines: Plaintiff's Reply in support of his Cross Motion due by 4/30/2020. (hs) (Entered: 04/02/2020)
2020-04-3043SURREPLY to re 37 MOTION for Summary Judgment filed by FOAD FARAHI. (Swift, Charles) (Entered: 04/30/2020)
2020-06-04MINUTE ORDER. The Court requiring additional time to consider the pending motion for summary judgment in this case, it is hereby ORDERED that the status conference currently set for June 10, 2020, is CONTINUED to October 9, 2020, at 11:00 a.m. Signed by Judge Reggie B. Walton on June 4, 2020. (lcrbw1) (Entered: 06/04/2020)
2020-06-05Set/Reset Hearings: Status Conference reset for 10/9/2020 at 11:00 AM in Courtroom 16 before Judge Reggie B. Walton. (hs) (Entered: 06/05/2020)
2020-06-2244MOTION to Continue Status Conference Hearing by FOAD FARAHI (Swift, Charles) (Entered: 06/22/2020)
2020-06-24MINUTE ORDER. Upon consideration of the plaintiff's 44 Motion for Enlargement of Status Hearing, and for good cause shown, it is hereby ORDERED that this motion is GRANTED. It is further ORDERED that the status conference currently scheduled for October 9, 2020, is CONTINUED to November 2, 2020, at 12:00 p.m. Signed by Judge Reggie B. Walton on June 24, 2020. (lcrbw1) (Entered: 06/24/2020)
2020-06-24Set/Reset Hearings: Status Conference reset for 11/2/2020 at 12:00 PM in Courtroom 16 before Judge Reggie B. Walton. (hs) (Entered: 06/24/2020)
2020-10-20MINUTE ORDER. The Court requiring additional time to consider the pending motion for summary judgment in this case, it is hereby ORDERED that the status conference currently set for November 2, 2020, is CONTINUED to March 5, 2021, at 11:00 a.m. Signed by Judge Reggie B. Walton on October 20, 2020. (lcrbw3) (Entered: 10/20/2020)
2020-10-21Set/Reset Hearings: Status Conference reset for 3/5/2021 at 11:00 AM by Telephonic/VTC before Judge Reggie B. Walton. (hs) (Entered: 10/21/2020)
2020-10-2145ORDER. In accordance with the attached Order, it is hereby ORDERED that the 36 Defendant's Motion for Leave to Submit Declaration Under Seal and Ex Parte, In Camera in Support [of] Defendant's Motion for Summary Judgment is GRANTED. It is further ORDERED that the Declaration of David M. Hardy and its accompanying exhibits is ACCEPTED AS FILED. Signed by Judge Reggie B. Walton on October 21, 2020. (lcrbw3) (Entered: 10/21/2020)
2020-10-3046Unopposed MOTION for Leave to Appear by Telephone or by Videoconference, or in the alternative , Unopposed MOTION to Continue Status Conference Hearing by FOAD FARAHI (Attachments: # 1 Text of Proposed Order)(Swift, Charles) (Entered: 10/30/2020)
2020-11-11MINUTE ORDER. Upon consideration of the plaintiff's 46 Motion for Telephonic/Video Appearance, or in the Alternative, Enlargement of Status Hearing, it is hereby ORDERED that the motion is GRANTED IN PART AND DENIED IN PART. The motion is GRANTED to the extent that the plaintiff seeks leave to appear telephonically for the status conference currently scheduled for March 5, 2021. The motion is DENIED in all other respects. It is further ORDERED that the parties shall appear for the status conference currently scheduled for March 5, 2021, via teleconference by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). Signed by Judge Reggie B. Walton on November 11, 2020. (lcrbw3) (Entered: 11/11/2020)
2021-02-26MINUTE ORDER. The Court requiring additional time to consider the pending motion for summary judgment in this case, it is hereby ORDERED that the status conference currently scheduled for March 5, 2021, is CONTINUED to June 4, 2021, at 11:00 a.m. The parties shall appear via teleconference by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). Signed by Judge Reggie B. Walton on February 26, 2021. (lcrbw3) (Entered: 02/26/2021)
2021-02-27Set/Reset Hearings: Status Conference reset for 6/4/2021 at 11:00 AM by Telephonic/VTC before Judge Reggie B. Walton. (hs) (Entered: 02/27/2021)
2021-06-03MINUTE ORDER. The Court requiring additional time to consider the pending motion for summary judgment in this case, it is hereby ORDERED that the status conference currently scheduled for June 4, 2021, is CONTINUED to September 8, 2021, at 9:00 a.m. The parties shall appear via teleconference by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). Signed by Judge Reggie B. Walton on June 3, 2021. (lcrbw3) (Entered: 06/03/2021)
2021-06-03Set/Reset Hearings: Status Conference reset for 9/8/2021 at 09:00 AM by Telephonic/VTC before Judge Reggie B. Walton. (hs) (Entered: 06/03/2021)
2021-09-06MINUTE ORDER. The Court requiring additional time to consider the pending motion for summary judgment in this case, it is hereby ORDERED that the status conference currently scheduled for September 8, 2021, is CONTINUED to December 9, 2021, at 9:00 a.m. The parties shall appear via teleconference by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). Signed by Judge Reggie B. Walton on September 6, 2021. (lcrbw3) (Entered: 09/06/2021)
2021-09-06Set/Reset Hearings: Status Conference reset for 12/9/2021 at 09:00 AM by Telephonic/VTC before Judge Reggie B. Walton. (hs) (Entered: 09/06/2021)
2021-09-2447Unopposed MOTION to Continue Status Conference Hearing by FOAD FARAHI. (Attachments: # 1 Text of Proposed Order)(Swift, Charles) (Entered: 09/24/2021)
2021-10-04MINUTE ORDER. Upon consideration of the plaintiff's 47 Motion to Enlarge Time for Telephonic Status Conference Hearing, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the status conference currently scheduled for December 9, 2021, is CONTINUED to January 7, 2022, at 9:00 a.m. The parties shall appear via teleconference by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). Signed by Judge Reggie B. Walton on October 4, 2021. (lcrbw3) (Entered: 10/04/2021)
2021-10-05Set/Reset Hearings: Status Conference reset for 1/7/2022 at 09:00 AM by Telephonic/VTC before Judge Reggie B. Walton. (hs) (Entered: 10/05/2021)
2022-01-04MINUTE ORDER. The Court requiring additional time to consider the pending motion for summary judgment in this case, it is hereby ORDERED that the status conference currently scheduled for January 7, 2022, is CONTINUED to April 4, 2022, at 10:00 a.m. The parties shall appear via teleconference by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). Signed by Judge Reggie B. Walton on January 4, 2022. (lcrbw1) (Entered: 01/04/2022)
2022-01-04Set/Reset Hearings: Status Conference reset for 4/4/2022 at 10:00 AM by Telephonic/VTC before Judge Reggie B. Walton. (adh ) (Entered: 01/04/2022)
2022-04-01MINUTE ORDER. The Court requiring additional time to consider the pending motion for summary judgment in this case, it is hereby ORDERED that the status conference currently scheduled for April 4, 2022, is CONTINUED to June 27, 2022, at 9:00 a.m. The parties shall appear via teleconference by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). This status conference will serve as a target date for the Court's resolution of the pending motion. In the event that the Court is unable to resolve the motion by this date, the parties will be advised in advance that the status conference will be continued to a later date. Signed by Judge Reggie B. Walton on April 1, 2022. (lcrbw1) (Entered: 04/01/2022)
2022-04-01Set/Reset Hearings: Status Conference reset for 6/27/2022 at 09:00 AM by Telephonic/VTC before Judge Reggie B. Walton. (adh, ) (Entered: 04/01/2022)
2022-05-3148GENERAL ORDER FOR CIVIL CASES BEFORE THE HONORABLE REGGIE B. WALTON. Signed by Judge Reggie B. Walton on May 31, 2022. (lcrbw1) (Entered: 05/31/2022)
2022-06-23MINUTE ORDER. The Court requiring additional time to consider the pending motion for summary judgment in this case, it is hereby ORDERED that the status conference currently scheduled for June 27, 2022, is CONTINUED to September 19, 2022, at 10:00 a.m. The parties shall appear via teleconference by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). This status conference will serve as a target date for the Court's resolution of the pending motion. In the event that the Court is unable to resolve the motion by this date, the parties will be advised in advance that the status conference will be continued to a later date. Signed by Judge Reggie B. Walton on June 23, 2022. (lcrbw1) (Entered: 06/23/2022)
2022-06-23Set/Reset Hearings: Status Conference set for 9/19/2022 at 10:00 AM in Telephonic/VTC before Judge Reggie B. Walton. (mac) (Entered: 06/23/2022)
2022-09-13MINUTE ORDER. The Court requiring additional time to consider the pending motion for summary judgment in this case, it is hereby ORDERED that the status conference currently scheduled for September 19, 2022, is CONTINUED to December 1, 2022, at 11:00 a.m. The parties shall appear via teleconference by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). This status conference will serve as a target date for the Court's resolution of the pending motion. In the event that the Court is unable to resolve the motion by this date, the parties will be advised in advance that the status conference will be continued to a later date. Signed by Judge Reggie B. Walton on September 13, 2022. (lcrbw1) (Entered: 09/13/2022)
2022-09-13Set/Reset Hearings: Status Conference set for 12/1/2022 at 11:00 AM in Telephonic/VTC before Judge Reggie B. Walton. (mac) (Entered: 09/13/2022)
2022-09-3049ORDER. For the reasons to be set forth in the Memorandum Opinion to be issued by the Court within the next sixty days, absent extraordinary circumstances, the Court will deny without prejudice the defendant's motion for summary judgment. Accordingly, it is hereby ORDERED that the 37 Defendant's Motion for Summary Judgment, ECF No. 37, is DENIED WITHOUT PREJUDICE. It is further ORDERED that this Order is not a final Order subject to appeal. Signed by Judge Reggie B. Walton on September 30, 2022. (lcrbw1) (Entered: 09/30/2022)
2022-11-1550Consent MOTION to Continue Status Conference by FEDERAL BUREAU OF INVESTIGATION. (Adebonojo, Kenneth) (Entered: 11/15/2022)
2022-11-1751ORDER. Upon consideration of the defendant's 50 Motion to Continue Status Conference, and for good cause shown, it is hereby ORDERED that the defendant's 50 Motion to Continue Status Conference is GRANTED IN PART AND DENIED IN PART. The motion is GRANTED to the extent that it seeks to vacate the status conference currently scheduled for December 1, 2022. The motion is DENIED in all other respects. It is further ORDERED that the status conference currently scheduled for December 1, 2022, is VACATED. Signed by Judge Reggie B. Walton on November 17, 2022. (lcrbw3) (Entered: 11/17/2022)
2022-11-3052MEMORANDUM OPINION. Signed by Judge Reggie B. Walton on November 30, 2022. (lcrbw3) (Entered: 11/30/2022)
2022-11-3053ORDER. In accordance with the Memorandum Opinion issued on this same date, it is hereby ORDERED that the 37 Defendant's Motion for [ ] Summary Judgment is DENIED WITHOUT PREJUDICE. It is further ORDERED that, on or before January 10, 2023, the defendant shall file a renewed motion for summary judgment, including the additional materials requested by the Court in its Memorandum Opinion and sealed, ex parte Order. It is further ORDERED that, on January 10, 2023, at 11:00 a.m., the parties shall appear before the Court for a status conference, via teleconference, by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). Signed by Judge Reggie B. Walton on November 30, 2022. (lcrbw3) (Main Document 53 replaced on 11/30/2022) (zdot). (Entered: 11/30/2022)
2022-11-30Set/Reset Deadlines/Hearings: Defendant Renewed Motion For Summary Judgment due by 1/10/2023. Status Conference set for 1/10/2023 at 11:00 AM Via Teleconference before Judge Reggie B. Walton. (mac) (Entered: 11/30/2022)
2022-11-30ENTERED IN ERROR.....Set/Reset Deadlines/Hearings: Defendant Renewed Motion For Summary Judgment due by 1/10/2023. Status Conference set for 1/10/2023 at 11:00 AM Via Videoconference before Judge Reggie B. Walton. (mac) Modified on 12/2/2022 (zmac). (Entered: 11/30/2022)
2023-01-10Minute Entry for proceedings held Telephonically before Judge Reggie B. Walton: Status Conference held on 1/10/2023. Parties Updated The Court On The Current Posture Of This Matter. The Court Will Continue This Matter. Further Status Conference set for 2/3/2023 at 9:30 AM Via Teleconference before Judge Reggie B. Walton. (Court Reporter SARA WICK.) (mac) (Entered: 01/10/2023)
2023-01-1054ORDER. In accordance with the oral rulings issued by the Court at the status conference held on January 10, 2023, via teleconference, it is hereby ORDERED that, on or before January 31, 2023, the parties shall file a joint status report regarding how they wish to proceed in this case. It is further ORDERED that, on February 3, 2023, at 9:30 a.m., the parties shall appear before the Court for a status conference via teleconference by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). Signed by Judge Reggie B. Walton on January 10, 2023. (lcrbw3) (Entered: 01/10/2023)
2023-01-11Set/Reset Deadlines: Joint Status Report due by 1/31/2023. (mac) (Entered: 01/11/2023)
2023-01-3155Joint STATUS REPORT by FOAD FARAHI. (Attachments: # 1 Text of Proposed Order Defendant Proposed Order, # 2 Text of Proposed Order Plaintiff Proposed Order)(Swift, Charles) (Entered: 01/31/2023)
2023-02-0356ORDER. In accordance with the oral rulings issued by the Court at the status conference held on February 3, 2023, via teleconference, it is hereby ORDERED that, on or before March 31, 2023, the defendant shall file a renewed motion for summary judgment, as well as the additional materials requested by the Court in its sealed, ex parte Order. It is further ORDERED that, on or before May 1, 2023, the plaintiff shall file his opposition to the defendant's renewed motion for summary judgment. It is further ORDERED that, on or before May 12, 2023, the defendant shall file its reply in support of its renewed motion for summary judgment. It is further ORDERED that, on August 18, 2023, at 9:00 a.m., the parties shall appear before the Court for a status conference via teleconference by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). This status conference will serve as a target date for the resolution of the defendant's forthcoming renewed motion for summary judgment. In the event that the Court is unable to resolve the motion by this date, the parties will be advised in advance that the status conference will be continued to a later date. Signed by Judge Reggie B. Walton on February 3, 2023. (lcrbw3) (Entered: 02/03/2023)
2023-02-03Minute Entry for proceedings held Telephonically before Judge Reggie B. Walton: Status Conference held on 2/3/2023. (Court Reporter LORRAINE HERMAN.) (mac) (Entered: 02/03/2023)
2023-02-03Set/Reset Deadlines/Hearings: Government Renewed Motion For Summary Judgment due by 3/31/2023. Plaintiff Opposition To The Defendant's Renewed Motion for Summary Judgment due by 5/1/2023. Defendant Reply In Support Of Its Renewed Motion for Summary Judgment due by 5/12/2023. Status Conference set for 8/18/2023 at 9:00 AM Via Teleconference before Judge Reggie B. Walton. (mac) (Entered: 02/03/2023)
2023-03-3157MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration)(Adebonojo, Kenneth) (Entered: 03/31/2023)
2023-03-3158NOTICE of Filing of Ex Parte In Camera Declaration by FEDERAL BUREAU OF INVESTIGATION (Adebonojo, Kenneth) (Entered: 03/31/2023)
2023-05-0159RESPONSE re 57 MOTION for Summary Judgment filed by FOAD FARAHI. (Swift, Charles) (Entered: 05/01/2023)
2023-05-1260REPLY to opposition to motion re 57 MOTION for Summary Judgment filed by FEDERAL BUREAU OF INVESTIGATION. (Adebonojo, Kenneth) (Entered: 05/12/2023)
2023-05-1761NOTICE of Appearance by Christina A. Jump on behalf of FOAD FARAHI (Jump, Christina) (Entered: 05/17/2023)
2023-05-1962MOTION for Leave to File Sur Reply by FOAD FARAHI. (Attachments: # 1 Exhibit Table of Contents for Exhibits, # 2 Exhibit Exhibit A - Sur Reply, # 3 Exhibit Exhibit B - Email re Conferring, # 4 Text of Proposed Order Exhibit C - Proposed Order)(Jump, Christina) (Entered: 05/19/2023)
2023-07-20MINUTE ORDER. Upon consideration of the 62 Plaintiff's Motion for Leave to File Sur-Reply, it is hereby ORDERED that the 62 Plaintiff's Motion for Leave to File Sur-Reply is GRANTED. It is further ORDERED that the [62-2] Plaintiff's Sur-Reply in Opposition to Defendant's Renewed Motion for Summary Judgment is ACCEPTED AS FILED. Signed by Judge Reggie B. Walton on July 20, 2023. (lcrbw3) (Entered: 07/20/2023)
2023-08-11MINUTE ORDER. The Court requiring additional time to consider the pending renewed motion for summary judgment in this case, it is hereby ORDERED that the status conference currently scheduled for August 18, 2023, is CONTINUED to September 15, 2023, at 9:00 a.m. The parties shall appear via teleconference by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). This status conference will serve as a target date for the Court's resolution of the pending motion. In the event that the Court is unable to resolve the motion by this date, the parties will be advised in advance that the status conference will be continued to a later date. Signed by Judge Reggie B. Walton on August 11, 2023. (lcrbw3) (Entered: 08/11/2023)
2023-08-2563ORDER. See attached Order for details. Signed by Judge Reggie B. Walton on August 25, 2023. (lcrbw3) (Entered: 08/25/2023)
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