Case Detail

FOIA Project Annotation: Although she ruled in favor of the agency's ability to claim Exemption 7(A) (interference with ongoing investigation or proceeding) under the circumstances, Judge Rosemary Collyer raised serious questions about the continued viability of using the exemption because of a habeas corpus petition filed by Michael Sarno, who was convicted of racketeering and conducting an illegal gambling business. Sarno sent requests to Bureau of Alcohol, Tobacco and Firearms and the Tax Division at the Department of Justice for records pertaining to his case. The agency located more than 30,000 records, but withheld them all under Exemption 7(A) because Sarno was appealing his conviction. Addressing the ATF's use of Exemption 7(A), Collyer noted that "ATF cites no case, and the Court can identify no controlling precedent, in which Exemption 7(A) was held to be applicable solely on the basis of an ongoing habeas proceeding." She explained that because a habeas petition was filed at the election of the prisoner, "the law enforcement proceeding is 'pending' only because the prisoner is attacking the basis for his conviction; the law enforcement investigation has otherwise concluded and would be dormant â€" and therefore not exempt under 7(A). In other words, the pendency of the proceeding is not dependent on the activities of law enforcement agencies, in contrast to a criminal trial and appeal. Because a habeas proceeding could be brought a considerable time after an investigation has concluded, the specter of a potential later-filed habeas petition could lead agencies to seek to exempt otherwise dormant casefiles under Exemption 7(A)." Collyer pointed out that "with the conclusion of a trial and appeal, the agencies have already had their opportunity to â€" successfully â€" present their case in court without interference. The fruit of the efforts protected by Exemption 7(A) have already been presented to the public in court. The other 'latticework' exemptions protecting confidential information and law enforcement strategies would remain in place, and material that falls under them would continue to be exempted from disclosure under FOIA. In a post-conviction habeas proceeding, therefore, it is not necessarily clear what non-public information Exemption 7(A) would be protecting that would not already be subject to withholding under another exemption." But she then noted that "Mr. Sarno's [habeas] challenge to his conviction is an ongoing proceeding in which prosecutors must defend their prosecution and his convictions. . .There is no doubt that ATF's casefile on Mr. Sarno's criminal proceeding was compiled for 'law enforcement purposes,' and should his [habeas] motion succeed, a new trial would be a reasonable likelihood." However, having found that Exemption 7(A) applied, she observed that Sarno still had discovery rights that would allow him to access relevant records. ATF had claimed a variety of other exemptions as well. Sarno claimed some of those records were in the public domain because they were used during his trial. Collyer noted that because ATF had not provided a Vaughn index, she had no way of assessing such claims. Because she found the agency had also failed to make a segregability determination, she ordered the agency to provide an index describing the records more specifically. Collyer found that the Tax Division had properly referred records to other agencies and that all exemption claims were appropriate.
Issues: Exemption 7(A) - Interference with ongoing investigation

Date Filed	Doc #	Docket Text
2016-04-08	1	COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF INFORMATION POLICY, UNITED STATES DEPARTMENT OF JUSTICE, TAX DIVISION ( Filing fee $ 400, receipt number 4616077016) filed by MICHAEL JOHN SARNO. (Attachments: # 1 Civil Cover Sheet)(zrdj) (Entered: 04/12/2016)
2016-04-11		SUMMONS (5) Issued as to UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF INFORMATION POLICY, UNITED STATES DEPARTMENT OF JUSTICE, TAX DIVISION, U.S. Attorney and U.S. Attorney General (zrdj) (Entered: 04/12/2016)
2016-05-02	2	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES served on 4/26/2016; UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF INFORMATION POLICY served on 4/26/2016; UNITED STATES DEPARTMENT OF JUSTICE, TAX DIVISION served on 4/26/2016, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/26/2016., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/26/2016. ( Answer due for ALL FEDERAL DEFENDANTS by 5/26/2016.) (zrdj) (Entered: 05/04/2016)
2016-05-09	3	NOTICE of Appearance by Tammy Allison Holloway on behalf of UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF INFORMATION POLICY, UNITED STATES DEPARTMENT OF JUSTICE, TAX DIVISION (Holloway, Tammy) (Entered: 05/09/2016)
2016-05-24	4	MOTION for Extension of Time to File Answer or Dispositive Motion by UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF INFORMATION POLICY, UNITED STATES DEPARTMENT OF JUSTICE, TAX DIVISION (Attachments: # 1 Text of Proposed Order)(Holloway, Tammy) (Entered: 05/24/2016)
2016-05-24		MINUTE ORDER granting 4 Motion for Extension of Time. Defendants shall answer or otherwise respond by June 27, 2016 to the 1 Complaint. Signed by Judge Rosemary M. Collyer on 5/24/2016. (lcrmc3) (Entered: 05/24/2016)
2016-05-24		Set/Reset Deadlines/Hearings: Answer or other response to Complaint due by 6/27/2016. (cdw) (Entered: 05/25/2016)
2016-06-24	5	MOTION for Extension of Time to File an Answer or Dispositive Motion by UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF INFORMATION POLICY, UNITED STATES DEPARTMENT OF JUSTICE, TAX DIVISION (Attachments: # 1 Text of Proposed Order)(Holloway, Tammy) (Entered: 06/24/2016)
2016-06-24		MINUTE ORDER granting 5 Motion for Extension of Time. Defendants shall answer or otherwise respond by July 27, 2016 to the 1 Complaint. Signed by Judge Rosemary M. Collyer on 6/24/2016. (lcrmc2) (Entered: 06/24/2016)
2016-06-24		Set/Reset Deadlines/Hearings: Answer to complaint due by 7/27/2016. (cdw) (Entered: 06/27/2016)
2016-07-15	6	NOTICE re 5 by MICHAEL JOHN SARNO (zrdj) (Entered: 07/18/2016)
2016-07-25	7	MOTION for Extension of Time to File Dispositive Motion by UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF INFORMATION POLICY, UNITED STATES DEPARTMENT OF JUSTICE, TAX DIVISION (Attachments: # 1 Text of Proposed Order)(Holloway, Tammy) (Entered: 07/25/2016)
2016-07-25		MINUTE ORDER denying 7 Motion for Extension of Time without prejudice for lack of indication or information that records are being released to the requester as they are cleared. Signed by Judge Rosemary M. Collyer on 7/25/2016. (lcrmc2) (Entered: 07/25/2016)
2016-07-26	8	MOTION for Extension of Time to File a Dispositive Motion by UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF INFORMATION POLICY, UNITED STATES DEPARTMENT OF JUSTICE, TAX DIVISION (Attachments: # 1 Text of Proposed Order)(Holloway, Tammy) (Entered: 07/26/2016)
2016-07-26		MINUTE ORDER granting 8 Renewed Motion for Extension of Time. Defendants shall answer or otherwise respond no later than August 26, 2016. No further extensions will be granted. Signed by Judge Rosemary M. Collyer on 7/26/2016. (lcrmc2) (Entered: 07/26/2016)
2016-07-26		Set/Reset Deadlines/Hearings: Answer or other response due by 8/26/2016. (cdw) (Entered: 07/27/2016)
2016-08-26	9	ANSWER to 1 Complaint, by UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF INFORMATION POLICY, UNITED STATES DEPARTMENT OF JUSTICE, TAX DIVISION.(Holloway, Tammy) (Entered: 08/26/2016)
2016-08-26	10	MOTION to Dismiss Claims Against OIP by UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF INFORMATION POLICY (Attachments: # 1 Text of Proposed Order)(Holloway, Tammy) (Entered: 08/26/2016)
2016-08-26	11	MOTION for Partial Summary Judgment (Defendants' Partial Motion for Summary Judgment for Claims) by UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES (Attachments: # 1 Statement of Facts, # 2 Declaration (Declaration of Stephanie M. Boucher), # 3 Text of Proposed Order)(Holloway, Tammy) (Entered: 08/26/2016)
2016-08-26	12	PROPOSED BRIEFING SCHEDULE (Defendants' Proposed Briefing Schedule For Claims Involving Tax) by UNITED STATES DEPARTMENT OF JUSTICE, TAX DIVISION. (Holloway, Tammy) (Entered: 08/26/2016)
2016-08-29		MINUTE ORDER setting briefing schedule. Defendant United States Department of Justice, Tax Division shall file its Motion for Summary Judgment no later than October 14, 2016. Plaintiff shall file his opposition no later than December 13, 2016. Defendant shall file its reply no later than January 6, 2017. Signed by Judge Rosemary M. Collyer on 8/29/2016. (lcrmc2) (Entered: 08/29/2016)
2016-08-29	13	ERRATA by UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF INFORMATION POLICY, UNITED STATES DEPARTMENT OF JUSTICE, TAX DIVISION. (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support)(Holloway, Tammy) (Entered: 08/29/2016)
2016-08-30	14	ORDER advising Plaintiff to respond to 10 Defendant Department of Justice, Office of Information Policy's Motion to Dismiss, or the Court may deem the matter conceded. Plaintiff's response is due by October 28, 2016. Signed by Judge Rosemary M. Collyer on 8/30/2016. (lcrmc2) (Entered: 08/30/2016)
2016-08-30	15	ORDER advising Plaintiff to respond to 11 Defendant Department of Justice, Bureau of Alcohol, Tobacco, Firearms, and Explosives' Partial Motion for Summary Judgment, or the Court may deem the matter conceded. Plaintiff's response is due by October 28, 2016. Signed by Judge Rosemary M. Collyer on 8/30/2016. (lcrmc2) (Entered: 08/30/2016)
2016-09-15	16	Mail Returned as undeliverable sent to Michael John Sarno. Type of Document Returned: Court's Order of 6/24/2016. Court's Orders of 6/24/2016 and 8/30/2016 resent at new address: FCI PETERSBURG MEDIUM; FEDERAL CORRECTIONAL INSTITUTION; P.O. BOX 1000; PETERSBURG, VA 23804. (cdw) (Entered: 09/15/2016)
2016-10-07	17	MOTION for Extension of Time to File Response/Reply as to 10 MOTION to Dismiss Claims Against OIP , 11 MOTION for Partial Summary Judgment (Defendants' Partial Motion for Summary Judgment for Claims) by MICHAEL JOHN SARNO (zrdj) (Entered: 10/12/2016)
2016-10-14	18	NOTICE OF WITHDRAWAL OF APPEARANCE as to UNITED STATES DEPARTMENT OF JUSTICE, TAX DIVISION. Attorney Tammy Allison Holloway terminated. (Holloway, Tammy) (Entered: 10/14/2016)
2016-10-14	19	MOTION for Partial Summary Judgment For Claims Involving Tax by UNITED STATES DEPARTMENT OF JUSTICE, TAX DIVISION (Attachments: # 1 Declaration, # 2 Statement of Facts, # 3 Text of Proposed Order)(Hoffman-Logsdon, Megan) (Entered: 10/14/2016)
2016-10-17		MINUTE ORDER granting 17 Plaintiff's Motion for Extension of Time. Plaintiff shall file his Response to 10 Defendants' Motion to Dismiss and 11 Motion for Partial Summary Judgment no later than November 28, 2016. Signed by Judge Rosemary M. Collyer on 10/17/2016. (lcrmc3) (Entered: 10/17/2016)
2016-10-17		Set/Reset Deadlines/Hearings: Response to 10 due by 11/28/2016. (cdw) (Entered: 10/18/2016)
2016-11-28	20	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Nicholas A. Caputo, :Firm- Caputo & Popovic, PC, :Address- 739 S Western Avenue, Suite 1, Chicago IL 60612. Phone No. - 312-300-3800. Fax No. - 888-463-5405 Email: ncaputo@caputolawfirm.com. Filing fee $ 100, receipt number 0090-4757184. Fee Status: Fee Paid. by MICHAEL JOHN SARNO (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Schertler, David) (Entered: 11/28/2016)
2016-11-28	21	MOTION for Extension of Time to File Response/Reply as to 10 MOTION to Dismiss Claims Against OIP , 11 MOTION for Partial Summary Judgment (Defendants' Partial Motion for Summary Judgment for Claims) , 19 MOTION for Partial Summary Judgment For Claims Involving Tax by MICHAEL JOHN SARNO (Attachments: # 1 Text of Proposed Order)(Schertler, David) (Entered: 11/28/2016)
2016-11-29		MINUTE ORDER granting 20 Motion for Leave to Appear Pro Hac Vice. Mr. Caputo may appear pro hac vice for Plaintiff. Signed by Judge Rosemary M. Collyer on 11/29/2016. (lcrmc1) (Entered: 11/29/2016)
2016-11-29		MINUTE ORDER granting 21 Motion for Extension of Time to File Response/Reply. Plaintiff shall file his Response to Defendant OIP's 10 Motion to Dismiss and Defendant ATF's 11 Motion for Partial Summary Judgment no later than January 27, 2017. Defendants ATF and OIP shall file any reply by February 20, 2017. Plaintiff shall file his response to Defendant Tax's 19 Motion for Partial Summary Judgment no later than February 13, 2017. Defendant Tax shall file any reply by March 7, 2017. Signed by Judge Rosemary M. Collyer on 11/29/2016. (lcrmc1) (Entered: 11/29/2016)
2016-11-29		Set/Reset Deadlines/Hearings: Response to 10 and 11 due by 1/27/2017. Replies due by 2/20/2017. Response to Motion for Partial Summary Judgment due by 2/13/2017. Reply to Motion for Partial Summary Judgment due by 3/7/2017. (cdw) (Entered: 12/01/2016)
2017-01-26	22	Consent MOTION for Extension of Time to File Response/Reply as to 10 MOTION to Dismiss Claims Against OIP , 11 MOTION for Partial Summary Judgment (Defendants' Partial Motion for Summary Judgment for Claims) , 19 MOTION for Partial Summary Judgment For Claims Involving Tax by MICHAEL JOHN SARNO (Attachments: # 1 Text of Proposed Order)(Schertler, David) (Entered: 01/26/2017)
2017-01-26		NOTICE OF ERROR re 22 Motion for Extension of Time to File Response/Reply; emailed to dschertler@schertlerlaw.com, cc'd 8 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. In future, signature on document must match ECF login; Do not refile. (znmw, ) (Entered: 01/26/2017)
2017-01-27		MINUTE ORDER granting 22 Motion for Extension of Time to File Response/Reply. Plaintiff shall file his responses to Defendants' 10 , 11 , and 19 Motions on or before February 24, 2017. Defendants shall file any responses on or before March 21, 2017. Signed by Judge Rosemary M. Collyer on 1/27/2017. (lcrmc1) (Entered: 01/27/2017)
2017-01-27		Set/Reset Deadlines/Hearings: Response to 10 , 11 , and 19 due by 2/24/2017. Replies due by 3/21/2017. (cdw) (Entered: 01/30/2017)
2017-02-24	23	RESPONSE re 11 MOTION for Partial Summary Judgment (Defendants' Partial Motion for Summary Judgment for Claims) filed by MICHAEL JOHN SARNO. (Caputo, Nicholas) (Entered: 02/24/2017)
2017-02-24	24	NOTICE of Voluntary Dismissal re United States Department of Justice, Office of Information Policy (Caputo, Nicholas) (Entered: 02/24/2017)
2017-02-24	25	RESPONSE re 19 MOTION for Partial Summary Judgment For Claims Involving Tax filed by MICHAEL JOHN SARNO. (Attachments: # 1 Exhibit Exhibit 1)(Caputo, Nicholas) (Entered: 02/24/2017)
2017-03-09	26	Consent MOTION for Extension of Time to File Response/Reply by UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES (Holloway, Tammy) (Entered: 03/09/2017)
2017-03-14	27	MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Partial Summary Judgment For Claims Involving Tax by UNITED STATES DEPARTMENT OF JUSTICE, TAX DIVISION (Attachments: # 1 Text of Proposed Order)(Hoffman-Logsdon, Megan) (Entered: 03/14/2017)
2017-03-20	28	ERRATA by UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES 26 Consent MOTION for Extension of Time to File Response/Reply filed by UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES. (Holloway, Tammy) (Entered: 03/20/2017)
2017-03-20		MINUTE ORDER granting 26 and 27 Motions for Extension of Time to File Response/Reply. ATF and Tax Defendants shall file their replies on or before April 18, 2017. Signed by Judge Rosemary M. Collyer on 3/20/17. (lcrmc1) (Entered: 03/20/2017)
2017-03-20		Set/Reset Deadlines/Hearings: ATF and Tax Defendants' replies due by 4/18/2017. (zcdw) (Entered: 03/23/2017)
2017-03-29		MINUTE ORDER approving 24 Notice of Voluntary Dismissal of Defendant United States Department of Justice, Office of Information Policy (OIP). All claims against OIP are dismissed and OIP's 10 Motion to Dismiss is denied as moot. Signed by Judge Rosemary M. Collyer on 3/29/2017. (lcrmc1) (Entered: 03/29/2017)
2017-04-11	29	MOTION to Stay by UNITED STATES DEPARTMENT OF JUSTICE, TAX DIVISION (Attachments: # 1 Text of Proposed Order)(Hoffman-Logsdon, Megan) (Entered: 04/11/2017)
2017-04-12		MINUTE ORDER granting in part and denying in part 29 Motion to Stay by Defendant United States Department of Justice, Tax Division. Proceedings in this matter shall be stayed as to the Tax Division until June 12, 2017. Signed by Judge Rosemary M. Collyer on 4/12/2017. (lcrmc1) (Entered: 04/12/2017)
2017-04-18	30	REPLY to opposition to motion re 11 MOTION for Partial Summary Judgment (Defendants' Partial Motion for Summary Judgment for Claims) filed by UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES. (Attachments: # 1 Text of Proposed Order)(Holloway, Tammy) (Entered: 04/18/2017)
2017-05-01	31	MOTION for Leave to File Local Rule 7(h) Statement in Support of Plaintiff Sarno's Response to ATF's Motion for Partial Summary Judgment by MICHAEL JOHN SARNO (Attachments: # 1 Exhibit Sarno's Local Rule 7(h) Statement, # 2 Exhibit Proposed Order)(Caputo, Nicholas) (Entered: 05/01/2017)
2017-06-12	32	REPLY to opposition to motion re 19 MOTION for Partial Summary Judgment For Claims Involving Tax filed by UNITED STATES DEPARTMENT OF JUSTICE, TAX DIVISION. (Attachments: # 1 Declaration, # 2 Declaration, # 3 Declaration, # 4 Declaration, # 5 Declaration)(Hoffman-Logsdon, Megan) (Entered: 06/12/2017)
2017-06-13		NOTICE OF ERROR re 32 Reply to opposition to Motion; emailed to megan.e.hoffman-logsdon@usdoj.gov, cc'd 9 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. Declaration #4 attached to Reply w (Entered: 06/13/2017)
2017-06-14	33	ERRATA by UNITED STATES DEPARTMENT OF JUSTICE, TAX DIVISION 32 Reply to opposition to Motion, filed by UNITED STATES DEPARTMENT OF JUSTICE, TAX DIVISION. (Attachments: # 1 Declaration)(Hoffman-Logsdon, Megan) (Attachment 1 replaced on 6/15/2017) (znmw). (Entered: 06/14/2017)
2017-06-21		MINUTE ORDER granting 31 Motion for Leave to File Local Rule 7(h) statement. The Court deems Plaintiff Sarno's Local Rule 7(h) Statement filed instanter. Signed by Judge Rosemary M. Collyer on 6/21/2017. (lcrmc1) (Entered: 06/21/2017)
2017-06-21	34	Local Rule 7(h) statement by MICHAEL JOHN SARNO (zrdj) (Entered: 06/22/2017)
2017-09-29	35	MEMORANDUM AND OPINION. Signed by Judge Rosemary M. Collyer on 9/29/2017. (lcrmc1) (Entered: 09/29/2017)
2017-09-29	36	ORDER denying Defendant ATF's 11 Motion for Summary Judgment and granting Defendant Tax's 19 Motion for Summary Judgment. Judgment is entered in favor of Defendant Tax on all of Plaintiff's claims. It is further ordered that Defendant ATF submit supplemental affidavits to the Court. See Order for further details. Signed by Judge Rosemary M. Collyer on 9/29/2017. (lcrmc1) (Entered: 09/29/2017)
2017-10-24	37	NOTICE of Appearance by Alexander Daniel Shoaibi on behalf of UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES (Shoaibi, Alexander) (Entered: 10/24/2017)
2017-10-27	38	MOTION to Vacate 36 Order on Motion for Partial Summary Judgment, , MOTION for Reconsideration re 36 Order on Motion for Partial Summary Judgment, by MICHAEL JOHN SARNO (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Caputo, Nicholas) Modified reliefs on 10/30/2017 (znmw). (Entered: 10/27/2017)
2018-04-19		MINUTE ORDER ordering Defendant ATF to respond to Plaintiff's 38 Motion to Vacate on or before May 3, 2018. Any reply by Plaintiff may be filed on or before May 10, 2018. Signed by Judge Rosemary M. Collyer on 4/19/2018. (lcrmc1) (Entered: 04/19/2018)
2018-04-19		Set/Reset Deadlines/Hearings: Defendant ATF's response due by 5/3/2018. Reply due by 5/10/2018. (zcdw) (Entered: 04/24/2018)
2018-05-01	39	RESPONSE re 38 MOTION to Vacate 36 Order on Motion for Partial Summary Judgment, MOTION for Reconsideration re 36 Order on Motion for Partial Summary Judgment, filed by UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES. (Shoaibi, Alexander) (Entered: 05/01/2018)
2018-07-27	40	NOTICE OF SUBSTITUTION OF COUNSEL by Jason Todd Cohen on behalf of UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES Substituting for attorney Alexander Daniel Shoaibi and Tammy Allison Holloway (Cohen, Jason) (Entered: 07/27/2018)
2018-08-07	41	ORDER denying without prejudice as moot 38 Motion for Partial Relief from Judgment. Parties shall file a status report no later than December 5, 2018. See Order for details. Signed by Judge Rosemary M. Collyer on 8/7/2018. (lcrmc1) (Entered: 08/07/2018)
2018-08-08		Set/Reset Deadlines/Hearings: Joint Status Report due by 12/5/2018. (zcdw) (Entered: 08/08/2018)
2018-12-05	42	STATUS REPORT by MICHAEL JOHN SARNO. (Caputo, Nicholas) (Entered: 12/05/2018)
2018-12-06		MINUTE ORDER requiring parties to file an additional status report no later than April 5, 2019 regarding the ongoing document production. Signed by Judge Rosemary M. Collyer on 12/6/2018. (lcrmc1) Modified on 12/6/2018 (DAS). (Entered: 12/06/2018)
2018-12-06		Set/Reset Deadlines/Hearings: Status Report due by 4/5/2019. (zcdw) (Entered: 12/15/2018)
2019-04-05	43	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, UNITED STATES DEPARTMENT OF JUSTICE, TAX DIVISION. (Cohen, Jason) (Entered: 04/05/2019)
2019-04-08		MINUTE ORDER accepting April 5, 2019 status report and requiring that the parties submit a joint status report on or before June 7, 2019. Signed by Judge Rosemary M. Collyer on 4/8/2019. (lcrmc1) (Entered: 04/08/2019)
2019-04-08		Set/Reset Deadlines/Hearings: Joint Status Report due by 6/7/2019. (zcdw) (Entered: 04/09/2019)
2019-06-07	44	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, UNITED STATES DEPARTMENT OF JUSTICE, TAX DIVISION. (Cohen, Jason) (Entered: 06/07/2019)
2019-06-12		MINUTE ORDER accepting June 7, 2019 status report and requiring that the parties submit a joint status report on or before August 7, 2019. Signed by Judge Rosemary M. Collyer on 06/12/2019. (lcrmc1) (Entered: 06/12/2019)
2019-06-12		Set/Reset Deadlines/Hearings: Joint Status Report due by 8/7/2019. (zcdw) (Entered: 06/18/2019)
2019-08-07	45	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, UNITED STATES DEPARTMENT OF JUSTICE, TAX DIVISION. (Cohen, Jason) (Entered: 08/07/2019)
2019-08-08		MINUTE ORDER accepting August 7, 2019 status report and requiring that the parties submit a joint status report on or before November 7, 2019. Signed by Judge Rosemary M. Collyer on 08/08/2019. (lcrmc1) (Entered: 08/08/2019)
2019-11-07	46	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES. (Cohen, Jason) (Entered: 11/07/2019)
2019-11-07		MINUTE ORDER requiring that the parties submit a further joint status report on or before December 19, 2019. Signed by Judge Rosemary M. Collyer on 11/07/2019. (lcrmc1) (Entered: 11/07/2019)
2019-11-07		Set/Reset Deadlines/Hearings: Joint Status Report due by 12/19/2019. (zcdw) (Entered: 11/13/2019)
2019-11-21	47	NOTICE OF SUBSTITUTION OF COUNSEL by Sean Michael Tepe on behalf of All Defendants Substituting for attorney Jason Cohen (Tepe, Sean) (Entered: 11/21/2019)
2019-12-19	48	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES. (Tepe, Sean) (Entered: 12/19/2019)
2019-12-20		MINUTE ORDER accepting December 19, 2019 status report and requiring that the parties submit a further joint status report on or before February 3, 2020. Signed by Judge Rosemary M. Collyer on 12/20/2019. (lcrmc1) (Entered: 12/20/2019)
2019-12-20		Set/Reset Deadline: Parties shall submit a further joint status report on or before 2/3/2020. (zad) (Entered: 12/20/2019)
2019-12-20		ENTERED IN ERROR.....Set/Reset Deadline: The Parties shall file an additional Joint Status Report on 2/3/2020. (zad) Modified on 12/20/2019 (zad). (Entered: 12/20/2019)
2019-12-20		NOTICE OF CORRECTED DOCKET ENTRY: re Set/Reset Deadlines was entered in error because it was entered in the incorrect case. (zad) (Entered: 12/20/2019)
2020-02-03	49	Joint STATUS REPORT by MICHAEL JOHN SARNO. (Caputo, Nicholas) (Entered: 02/03/2020)
2020-02-04		MINUTE ORDER denying Plaintiff's request for an extension of time. The Court will not postpone a final resolution in this case for productions to be made by an agency that is not a party. Plaintiff shall file a stipulation of dismissal or motion for summary judgment no later than February 18, 2020. Signed by Judge Rosemary M. Collyer on 2/4/2020. (DAS) (Entered: 02/04/2020)
2020-02-04		Set/Reset Deadlines/Hearings: Plaintiff's stipulation of dismissal or motion for summary judgment due by 2/18/2020. (zcdw) (Entered: 02/04/2020)
2020-02-18	50	STIPULATION of Dismissal by MICHAEL JOHN SARNO. (Caputo, Nicholas) (Entered: 02/18/2020)
2020-02-19		MINUTE ORDER accepting 50 Stipulation of Dismissal. This case is closed. Signed by Judge Rosemary M. Collyer on 2/19/2020. (DAS) (Entered: 02/19/2020)
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