| Date Filed | Doc # | Docket Text |
|
| 2016-05-31 | 1 | COMPLAINT against UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF JUSTICE ( Filing fee $ 400, receipt number 4616078142) with Jury Demand filed by AAKASH DALAL. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(jf) (Entered: 06/06/2016) |
| 2016-06-03 | | SUMMONS (4) Issued as to UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (jf) . (Entered: 06/06/2016) |
| 2016-07-01 | 2 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HOMELAND SECURITY served on 6/11/2016; UNITED STATES DEPARTMENT OF JUSTICE served on 6/14/2016, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 06/14/2016., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/14/2016. ( Answer due for ALL FEDERAL DEFENDANTS by 7/14/2016.) (jf) (Entered: 07/05/2016) |
| 2016-07-14 | 3 | NOTICE of Appearance by Claire M. Whitaker on behalf of UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF JUSTICE (Whitaker, Claire) (Entered: 07/14/2016) |
| 2016-07-14 | 4 | MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 07/14/2016) |
| 2016-08-01 | | MINUTE ORDER treating as opposed and granting over objection 4 defendant's motion for extension of time. The defendant shall answer, or otherwise respond to plaintiff's complaint, by no later than August 12, 2016. Signed by Judge Emmet G. Sullivan on August 1, 2016. (lcegs3) (Entered: 08/01/2016) |
| 2016-08-01 | | Set/Reset Deadlines: Answer due by 8/12/2016. (mac) (Entered: 08/01/2016) |
| 2016-08-12 | 5 | ANSWER to 1 Complaint, by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF JUSTICE.(Whitaker, Claire) (Entered: 08/12/2016) |
| 2016-08-26 | 6 | FIRST AMENDED COMPLAINT against UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF JUSTICE with Jury Demand filed by AAKASH DALAL.(jf) (Entered: 08/29/2016) |
| 2016-09-06 | 7 | ANSWER to 6 Amended Complaint by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF JUSTICE. Related document: 6 Amended Complaint filed by AAKASH DALAL.(Whitaker, Claire) (Entered: 09/06/2016) |
| 2016-09-08 | 8 | STANDING ORDER. The parties are directed to read this Order in its entirety upon receipt. The parties shall file a proposed schedule for future proceedings by no later than September 23, 2016. Signed by Judge Emmet G. Sullivan on 09/08/2016. (lcegs3) (Entered: 09/08/2016) |
| 2016-09-09 | | Set/Reset Deadlines: Proposed Schedule For Future Proceedings due by 9/23/2016. (mac) (Entered: 09/09/2016) |
| 2016-09-23 | 9 | MOTION for Extension of Time to by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order (Defendant's proposed order for an extension to 10/14/16 to file a briefing schedule), # 2 Attachment 1 ((Plaintiff pro se's proposaed schedule))(Whitaker, Claire) (Entered: 09/23/2016) |
| 2016-09-26 | | MINUTE ORDER treating as opposed and granting 9 defendants' motion to extend time to propose a schedule to govern this case. Defendants shall submit their proposed schedule by no later than October 14, 2016. Signed by Judge Emmet G. Sullivan on 09/26/2016. (lcegs3) (Entered: 09/26/2016) |
| 2016-09-27 | | Set/Reset Deadlines: Defendants Proposed Schedule due by 10/14/2016. (mac) (Entered: 09/27/2016) |
| 2016-10-14 | 10 | PROPOSED BRIEFING SCHEDULE re Order on Motion for Extension of Time to, by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 10/14/2016) |
| 2016-10-27 | | MINUTE ORDER. Upon consideration of Mr. Dalal's and the defendants' proposed scheduling orders, the parties are directed to comply with the following schedule over plaintiff's objection: FEMA and EOUSA shall produce all non-exempt responsive records to Mr. Dalal by no later than December 15, 2016. FEMA and EOUSA shall produce a Vaughn index to Mr. Dalal by no later than January 4, 2017. FEMA and EOUSA shall file any dispositive motion by no later than January 4, 2017. Mr. Dalal's opposition shall be filed by no later than January 25, 2017. If Mr. Dalal chooses to file a cross-motion, it shall be combined with the opposition and filed on the same date. FEMA's and EOUSA's reply and, if applicable, combined opposition shall be filed by no later than February 1, 2017. Mr. Dalal's reply, if applicable, shall be filed by no later than February 8, 2017. FBI shall produce all non-exempt responsive records to Mr. Dalal by no later than March 30, 2017. FBI shall produce a Vaughn index to Mr. Dalal by no later than May 15, 2017. FBI shall file any dispositive motion by no later than May 15, 2017. Mr. Dalal's opposition shall be filed by no later than June 5, 2017. If Mr. Dalal chooses to file a cross-motion, it shall be combined with the opposition and filed on the same date. FBI's reply and, if applicable, combined opposition shall be filed by no later than June 12, 2017. Mr. Dalal's reply, if any, shall be filed by no later than June 19, 2017. Signed by Judge Emmet G. Sullivan on 10/27/2016. (lcegs3) (Entered: 10/27/2016) |
| 2016-12-16 | 11 | MOTION to Modify Scheduling Order by AAKASH DALAL (jf) (Entered: 12/20/2016) |
| 2017-01-03 | | MINUTE ORDER granting in part and denying in part 11 Mr. Dalal's motion to modify scheduling order. By no later than January 17, 2017, FBI shall produce to Mr. Dalal a Vaughn index as to all documents that were withheld from him pursuant to its interim release of documents on November 30, 2016. The Scheduling Order of October 27, 2016 otherwise remains unchanged: FBI shall produce all non-exempt responsive records to Mr. Dalal by no later than March 30, 2017, and FBI shall produce a complete Vaughn index to Mr. Dalal by no later than May 15, 2017. FBI shall file any dispositive motion by no later than May 15, 2017. Mr. Dalal's opposition shall be filed by no later than June 5, 2017. If Mr. Dalal chooses to file a cross-motion, it shall be combined with the opposition and filed on the same date. FBI's reply and, if applicable, combined opposition shall be filed by no later than June 12, 2017. Mr. Dalal's reply, if any, shall be filed by no later than June 19, 2017. Signed by Judge Emmet G. Sullivan on 01/3/2017. (lcegs3) (Entered: 01/03/2017) |
| 2017-01-03 | | Set/Reset Deadlines: FBI Dispositive Motion due by 5/15/2017. Plaintiff Opposition Or Cross-Motion, Shall Be Combined With The Opposition due by 6/5/2017. FBI Reply And, If Applicable, Combined Opposition due by 6/12/2017. Plaintiff Reply, If Any, due by 6/19/2017. (mac) (Entered: 01/03/2017) |
| 2017-01-03 | 12 | MOTION for Reconsideration re Order on Motion to Modify,,,, (new Deadline for FBI Vaughn Index) by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 01/03/2017) |
| 2017-01-04 | 13 | MOTION for Extension of Time to File Motions for Summary Judgment by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 01/04/2017) |
| 2017-01-04 | | MINUTE ORDER treating as opposed and granting in part and denying in part 12 defendants' motion for reconsideration. While the Court acknowledges that "a Brady violation is a matter appropriately addressed to the court that sentenced the prisoner, not through a FOIA action," see Defs.' Mot. to Reconsider Order of January 3, 2017, ECF No. 12 at 2 (quoting Clifton v. U.S. Postal Inspection Serv., 591 F. Supp. 2d 10, 12 (D.D.C. 2008)), the Court is still not convinced that delaying production of the FBI's Vaughn index to Mr. Dalal until May 15, 2017 is appropriate. To support the notion that producing a Vaughn index as to all of the documents that were withheld from Mr. Dalal pursuant to the FBI's November 30, 2016 interim release of documents by January 17, 2017 is premature, defendants cite Edmond v. United States Attorney, 959 F. Supp. 1, 5 (D.D.C. 1997). But there the court concluded that the plaintiff's request for a Vaughn index was premature because "the government has not yet processed Plaintiff's FOIA request and has not determined the extent of disclosure." 959 F. Supp. at 5. The court reasoned that "[i]t would make no sense to require the government to produce a Vaughn Index before the government has processed Plaintiff's FOIA request." Id. Here, however, the FBI has already processed 814 pages of documents and released to Mr. Dalal 210 pages of non-exempt, responsive records. Defs.' Mot. to Reconsider Order of January 3, 2017, ECF No. 12 at 2. Because the FBI has processed part of Mr. Dalal's FOIA request, it makes sense that a Vaughn index responsive to the documents that have already been processed but withheld can be produced to Mr. Dalal at some point prior to the production of a final Vaughn index on May 15, 2017. Thus, at this juncture this case is unlike Edmond because the government has already begun to process Mr. Dalal's FOIA request. Defendants' other argument--that they should not have to produce a Vaughn index responsive to the documents already processed and withheld because the FBI's typical practice is "to provide a declaration of coded categories at the completion of processing" in lieu of a Vaughn index, Defs.' Mot. to Reconsider Order of January 3, 2017, ECF No. 12 at 2--is unavailing because this Court has already ordered the production of Vaughn indices, not substitutes for or alternatives to Vaughn indices. See Minute Entry of October 27, 2016. Furthermore, the Court has given the FBI six months to file a dispositive motion in this case and ordered Mr. Dalal to file his opposition to that motion three weeks after the motion's due date. See id. When the government was given a mere four months to file a dispositive motion and the plaintiff only two weeks to respond, another court in this Circuit ordered the production of a Vaughn index nearly four months prior to the filing deadline for the dispositive motion. See Hansen v. U.S. Dep't of Air Force, No. 91-0099, 1991 WL 199748, at *1 (D.D.C. Apr. 15, 1991). Accordingly, a Vaughn index as to the documents already processed but withheld should be produced to Mr. Dalal sometime prior to May 15, 2017. The Court, however, is sensitive to the FBI's competing deadlines and the requirement of inter-agency coordination that might make preparation of an index difficult. Accordingly, the Court vacates its previous order directing the FBI to produce a Vaughn index as to the documents already processed but withheld by January 17, 2017 and instead ORDERS the FBI to produce to Mr. Dalal a Vaughn index as to the documents already processed but withheld by no later than February 17, 2017. Signed by Judge Emmet G. Sullivan on 01/4/2017. (lcegs3) (Entered: 01/04/2017) |
| 2017-01-04 | | MINUTE ORDER treating as opposed and granting in part and denying in part 13 defendants' motion to extend time. Defendants' dispositive motions previously due today shall now be due by no later than 12:00 p.m. on January 8, 2017. No further extensions of time will be granted. Signed by Judge Emmet G. Sullivan on 01/4/2017. (lcegs3) (Entered: 01/04/2017) |
| 2017-01-05 | | Set/Reset Deadlines: Defendants' Dispositive Motions due on 1/8/2017 by 12:00PM. (mac) (Entered: 01/05/2017) |
| 2017-01-09 | 14 | MOTION for Summary Judgment ((EOUSA and FEMA) by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Attachment 1 (Luczynski Decl-EOUSA)i, # 2 Attachment 2 (Neuschaefer Decl-FEMA), # 3 Statement of Facts, # 4 Text of Proposed Order)(Whitaker, Claire) (Entered: 01/09/2017) |
| 2017-01-23 | 15 | MOTION for Extension of Time to File Response as to 14 MOTION for Summary Judgment ((EOUSA and FEMA) by AAKASH DALAL (jf) (Entered: 01/24/2017) |
| 2017-01-25 | | MINUTE ORDER treating as opposed and granting in part and denying in part 15 Mr. Dalal's motion to extend time and to require FEMA to provide the court with a copy of all disclosed records. In light of Mr. Dalal's recent receipt of EOUSA's and FEMA's motion for summary judgment and the extension of time granted to defendants, Mr. Dalal's opposition to FEMA's motion for summary judgment and any cross-motion shall now be due by no later than February 3, 2017, and his opposition to EOUSA's motion for summary judgment and any cross-motion shall now be due by no later than February 14, 2017. It is FURTHER ORDERED that FEMA's and EOUSA's reply and, if applicable, combined opposition shall be filed by no later than March 7, 2017. Mr. Dalal's reply, if applicable, shall be filed by no later than March 21, 2017. It is FURTHER ORDERED that in light of Mr. Dalal's representation that he has not received EOUSA's non-exempt responsive records that were due to him by December 15, 2016 per the Court's Order of October 27, 2016, EOUSA shall re-send those records to Mr. Dalal forthwith and file with the Court proof of mailing. It is FURTHER ORDERED that, at this time, FEMA need not transmit to the Court a copy of the records it has produced to Mr. Dalal. If, at a later juncture, the Court would benefit from review of the records, the Court will order the production of those records. Signed by Judge Emmet G. Sullivan on 01/25/2017. (lcegs3) (Entered: 01/25/2017) |
| 2017-01-26 | | Set/Reset Deadlines: Plaintiff Opposition to FEMA'S Motion For Summary Judgment And Any Cross-Motion due by 2/3/2017. Plaintiff Opposition To EOUSA's Motion For Summary Judgment And Any Cross-Motion due by 2/14/2017. FEMA and EOUSA's Reply, And, If Applicable, Combined Opposition due by 3/7/2017. Plaintiff Reply, If Applicable, due by 3/21/2017. (mac) (Entered: 01/26/2017) |
| 2017-01-30 | 16 | Cross MOTION for Summary Judgment, MOTION for Discovery by AAKASH DALAL (jf) (Entered: 01/31/2017) |
| 2017-01-30 | 17 | Memorandum in opposition to re 14 MOTION for Summary Judgment ((EOUSA and FEMA) filed by AAKASH DALAL. (See Docket Entry 16 to view document) (jf) (Entered: 01/31/2017) |
| 2017-02-06 | 18 | Memorandum in opposition to re 14 MOTION for Summary Judgment ((EOUSA and FEMA) filed by AAKASH DALAL. (jf) (Entered: 02/08/2017) |
| 2017-03-07 | 19 | Memorandum in opposition to re 16 MOTION for Summary Judgment MOTION for Discovery filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit 1 (Declaration of Neuschaefer with attachments), # 2 Statement of Facts Addressing Plaintiff's Counter Statement of Facts, # 3 Text of Proposed Order)(Whitaker, Claire) (Entered: 03/07/2017) |
| 2017-03-07 | 20 | MOTION for Extension of Time to File Response/Reply as to 14 MOTION for Summary Judgment ((EOUSA and FEMA) (EOUSA ONLY - See ECF 18) by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 03/07/2017) |
| 2017-03-09 | | MINUTE ORDER treating as opposed and granting over objection 20 motion to extend time. EOUSA shall file its reply to Mr. Dalal's opposition to EOUSA's motion for summary judgment by no later than March 16, 2017. Signed by Judge Emmet G. Sullivan on 03/9/2017. (lcegs3) (Entered: 03/09/2017) |
| 2017-03-09 | | Set/Reset Deadlines: EOUSA Reply to Mr. Dalal's Opposition To EOUSA's Motion for Summary Judgment due by 3/16/2017. (mac) (Entered: 03/09/2017) |
| 2017-03-13 | 21 | WITHDRAWN PURSUANT TO 30 .....MOTION to Compel by AAKASH DALAL (jf) Modified on 5/9/2017 (jf). (Entered: 03/15/2017) |
| 2017-03-15 | 22 | RESPONSE re 21 MOTION to Compel filed by UNITED STATES DEPARTMENT OF JUSTICE. (Whitaker, Claire) (Entered: 03/15/2017) |
| 2017-03-16 | 23 | MOTION to Withdraw 14 MOTION for Summary Judgment ((EOUSA and FEMA) (Defendants' Motion to Withdraw Motion for Summary Judgment Filed on Behalf of Executive Office for United States Attorneys and to Establish a New Briefing Schedule) by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 03/16/2017) |
| 2017-03-17 | | MINUTE ORDER treating as opposed and granting over objection 23 defendants' motion to withdraw motion for summary judgment filed on behalf of EOUSA and to establish a new briefing schedule. EOUSA's portion of the motion for summary judgment filed on January 9, 2017 is hereby withdrawn. It is FURTHER ORDERED that EOUSA shall complete the processing of records and serve a Vaughn index on Mr. Dalal by no later than March 30, 2017. It is FURTHER ORDERED that EOUSA's renewed motion for summary judgment is due by no later than April 14, 2017; Mr. Dalal's opposition to that motion shall be filed by no later than May 12, 2017; and EOUSA's reply to the opposition to that motion shall be filed by no later than May 19, 2017. Signed by Judge Emmet G. Sullivan on 03/17/2017. (lcegs3) (Entered: 03/17/2017) |
| 2017-03-22 | 24 | MOTION for Extension of Time to File Reply as to 21 MOTION to Compel, 16 MOTION for Summary Judgment MOTION for Discovery by AAKASH DALAL (jf) (Entered: 03/23/2017) |
| 2017-03-23 | | MINUTE ORDER treating as opposed and granting over objection 24 Mr. Dalal's motion to extend time. Per the Court's Order of March 17, 2017, Mr. Dalal's opposition to EOUSA's renewed motion for summary judgment--which EOUSA shall file by no later than April 14, 2017--is due by no later than May 12, 2017. See Minute Entry of March 17, 2017. To reduce the number of filing deadlines in this case, Mr. Dalal's reply to 22 the FBI's response to his motion to compel shall also be filed by no later than May 12, 2017, and Mr. Dalal's reply to 19 FEMA's opposition to Mr. Dalal's cross-motion for summary judgment shall also be filed by no later than May 12, 2017. Signed by Judge Emmet G. Sullivan on 03/23/2017. (lcegs3) (Entered: 03/23/2017) |
| 2017-03-24 | | Set/Reset Deadlines: Plaintiff Opposition To EOUSA's Renewed Motion For Summary Judgment due by 5/12/2017. Plaintiff Reply To 22 The FBI's Response To His Motion To Compel due by 5/12/2017. Plaintiff Reply to 19 FEMA's Oppostion To Mr. Dalal's Cross-Motion For Summary Judgment Motion due by 5/12/2017. (mac) (Entered: 03/24/2017) |
| 2017-03-30 | 25 | RESPONSE re 21 MOTION to Compel (Supplemental) filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration (Declaration of David Hardy))(Whitaker, Claire) (Entered: 03/30/2017) |
| 2017-04-13 | 26 | MOTION for Extension of Time to file Renewed Motion for Summary Judgment (EOUSA) by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 04/13/2017) |
| 2017-04-14 | | MINUTE ORDER treating as opposed and granting over objection 26 EOUSA's motion to extend time. EOUSA shall file its renewed motion for summary judgment by no later than April 27, 2017. In view of this extension of time, Mr. Dalal's opposition to EOUSA's renewed motion for summary judgment shall now be filed by no later than May 26, 2017; Mr. Dalal's reply to 22 , 25 the FBI's responses to his motion to compel shall also be filed by no later than May 26, 2017; and Mr. Dalal's reply to 19 FEMA's opposition to his cross-motion for summary judgment shall also be filed by no later than May 26, 2017. The Clerk of the Court is directed to mail this Order to Mr. Dalal's address of record. Signed by Judge Emmet G. Sullivan on 04/14/2017. (lcegs3) (Entered: 04/14/2017) |
| 2017-04-14 | | Set/Reset Deadlines: EOUSA Renewed Motion For Summary Judgment due by 4/17/2017. Plaintiff Opposition To EOUSA Renewed Motion For Summary Judgment due by 5/26/2017. Plaintiff Reply to 22 , 25 and the FBI's Responses To Plaintiff Motion To Compel and Plaintiff Reply To 19 Fema's Opposition To Plaintiff Cross-Motion For Summary Judgment due by 5/26/2017. (mac) (Entered: 04/14/2017) |
| 2017-04-27 | 27 | MOTION for Summary Judgment (Renewed EOUSA) by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration (Attachment 2 - Suppl. Decl.of David Luczynski with exhibits), # 2 Declaration (Attachment 2 - Decl. of Gisele Bryant), # 3 Statement of Facts, # 4 Text of Proposed Order)(Whitaker, Claire) (Entered: 04/27/2017) |
| 2017-05-01 | 28 | ERRATA by UNITED STATES DEPARTMENT OF JUSTICE 27 MOTION for Summary Judgment (Renewed EOUSA) filed by UNITED STATES DEPARTMENT OF JUSTICE. (Whitaker, Claire) (Entered: 05/01/2017) |
| 2017-05-04 | 29 | NOTICE of Change of Address by AAKASH DALAL (jf) (Entered: 05/09/2017) |
| 2017-05-04 | 30 | NOTICE OF WITHDRAWAL OF MOTION by AAKASH DALAL re 21 MOTION to Compel (jf) (Entered: 05/09/2017) |
| 2017-05-10 | 31 | MOTION for Extension of Time to file Defendant FBI's Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 05/10/2017) |
| 2017-05-11 | | MINUTE ORDER treating as opposed and granting in part over objection and denying in part 31 the FBI's motion for an extension of time. On October 27, 2016, the Court gave the FBI more than half of a year to file its motion for summary judgment. See Minute Entry of October 27, 2016. Less than a week before the end of that more than half-year period, the Court is now informed that "in preparing for the upcoming dispositive motion, the FBI discovered that one additional file requires review for underlying exemption categories" and that new FBI counsel has been assigned to this case. See Mot. to Extend Time, ECF No. 31. Given the generous amount of time the FBI has already been given to file its motion, the Court is reluctant to grant any more time. But to avoid a rushed and haphazard filing, the Court reluctantly will permit the FBI to file its dispositive motion by no later than May 19, 2017. Mr. Dalal's opposition to that motion shall now be filed by no later than June 9, 2017. If Mr. Dalal chooses to file a cross-motion, it shall be combined with the opposition and filed on the same date. The FBI's reply and, if applicable, combined opposition shall now be filed by no later than June 16, 2017. Mr. Dalal's reply, if any, shall now be filed by no later than June 23, 2017. Given the numerous extensions of time already granted to defendants in this case, the Court will be reluctant to extend any more of their deadlines as this case moves forward. Signed by Judge Emmet G. Sullivan on 05/11/2017. (lcegs3) (Entered: 05/11/2017) |
| 2017-05-11 | | Set/Reset Deadlines: FBI To File Its Dispositive Motion due by 5/19/2017. Plaintiff Opposition And/If Plaintiff Chooses To File A Cross-Motion, It Shall Be Combined With The Opposition due by 6/9/2017. FBI's Reply And, If Applicable, Combined Opposition due by 6/16/2017. Plaintiff's Reply, If Any, due by 6/23/2017. (mac) (Entered: 05/11/2017) |
| 2017-05-19 | 32 | MOTION for Summary Judgment (Federal Bureau of Investigation's Motion for Summary Judgment) by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration (Declaration of David Hardy), # 2 Statement of Facts, # 3 Text of Proposed Order)(Whitaker, Claire) (Entered: 05/19/2017) |
| 2017-05-19 | 33 | MOTION for Leave to File Exhibit in Camera by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration (supporting Declarationn of David Hardy), # 2 Submission receipt by Court Securty Officer, # 3 Text of Proposed Order)(Whitaker, Claire) (Entered: 05/19/2017) |
| 2017-05-19 | 34 | MOTION to Compel by AAKASH DALAL (jf). Added MOTION for Extension of Time to on 5/23/2017 (znmw). (Entered: 05/22/2017) |
| 2017-05-22 | 35 | REPLY to opposition to re 16 MOTION for Summary Judgment, MOTION for Discovery filed by AAKASH DALAL. (Attachments: # 1 Exhibit)(jf) (Entered: 05/24/2017) |
| 2017-05-23 | | MINUTE ORDER treating as opposed and granting over objection 34 Mr. Dalal's motion to compel and motion for extension of time. EOUSA is ORDERED to resend to Mr. Dalal's address of record the 68 pages of responsive records that it has indicated that it has previously sent to Mr. Dalal. It is FURTHER ORDERED that Mr. Dalal shall now file his opposition to EOUSA's renewed motion for summary judgment by no later than June 9, 2017. It is FURTHER ORDERED that Mr. Dalal shall now file his reply to 19 FEMA's opposition to Mr. Dalal's cross-motion for summary judgment by no later than June 9, 2017. It is FURTHER ORDERED that EOUSA's reply to Mr. Dalal's opposition to its renewed motion for summary judgment shall now be filed by no later than June 16, 2017. Signed by Judge Emmet G. Sullivan on 05/23/2017. (lcegs3) (Entered: 05/23/2017) |
| 2017-05-23 | | Set/Reset Deadlines: Plaintiff Opposition To EOUSA's Renewed Motion For Summary Judgment due by 6/9/2017. Plaintiff Reply To 19 FEMA'S Opposition To Plaintiff's Cross-Motion For Summary Judgment due by 6/9/2017. EOUSA's Reply to Plaintiff's Opposition To Its Renewed Motion For Summary Judgment due by 6/16/2017. (mac) (Entered: 05/23/2017) |
| 2017-05-26 | 36 | ERRATA (Amended) Statement of Material Facts by AAKASH DALAL. (jf) (Entered: 05/30/2017) |
| 2017-06-05 | 37 | MOTION to Strike 36 Errata (Amended) Statement of Material Facts by AAKASH DALAL. by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 06/05/2017) |
| 2017-06-08 | 38 | MOTION for Extension of Time to File Response as to 32 MOTION for Summary Judgment (Federal Bureau of Investigation's Motion for Summary Judgment) , 33 MOTION for Leave to File Exhibit in Camera by AAKASH DALAL (jf) (Entered: 06/09/2017) |
| 2017-06-12 | | MINUTE ORDER treating as opposed and granting over objection 38 plaintiff's motion for extension of time. Plaintiff shall now file his opposition to the FBI's motion for summary judgment by no later than June 19, 2017. If he chooses to file a cross-motion it shall be combined with the opposition and filed on the same date. The FBI's reply and, if applicable, combined opposition shall now be filed by no later than June 26, 2017. Plaintiff's reply, if any, shall now be filed by no later than July 3, 2017. Plaintiff shall now also file his opposition to the FBI's motion for leave to submit exhibit in camera by no later than June 19, 2017. FBI's reply to that opposition shall now be filed by no later than June 26, 2017. Signed by Judge Emmet G. Sullivan on 06/12/2017. (lcegs3) (Entered: 06/12/2017) |
| 2017-06-15 | 39 | MOTION for Extension of Time to File Response as to 32 MOTION for Summary Judgment (Federal Bureau of Investigation's Motion for Summary Judgment) , 27 MOTION for Summary Judgment (Renewed EOUSA) by AAKASH DALAL (jf) (Entered: 06/16/2017) |
| 2017-06-19 | | MINUTE ORDER treating as opposed and granting over objection 39 plaintiff's motion for extension of time. Plaintiff shall now file his opposition to EOUSA's renewed motion for summary judgment by no later than June 26, 2017. EOUSA shall now file its reply to plaintiff's opposition to its renewed motion for summary judgment by no later than July 10, 2017. It is FURTHER ORDERED that plaintiff shall now file his opposition to the FBI's motion for summary judgment by no later than June 26, 2017. If he chooses to file a cross-motion it shall be combined with the opposition and filed on the same date. The FBI's reply and, if applicable, combined opposition shall now be filed by no later than July 10, 2017. Plaintiff's reply, if any, shall now be filed by no later than July 24, 2017. It is FURTHER ORDERED that plaintiff shall now file his opposition to the FBI's motion for leave to submit exhibit in camera by no later than June 26, 2017. FBI's reply to that opposition shall now be filed by no later than July 10, 2017. It is FURTHER ORDERED that plaintiff shall file his opposition to FEMA's motion to strike by no later than June 26, 2017. FEMA shall now file its reply by no later than July 10, 2017. Because plaintiff has now sought numerous extensions of time, the Court will be reluctant to extend any more of his deadlines as this case moves forward. Signed by Judge Emmet G. Sullivan on 06/19/2017. (lcegs3) (Entered: 06/19/2017) |
| 2017-06-19 | | Set/Reset Deadlines: Plaintiff Opposition To EOUSA's Renewed Motion For Summary Judgment due 6/26/2017. Plaintiff Opposition To EOUSA's Renewed Motion For Summary Judgment due 6/26/2017. EOUSA Reply To Plaintiff's Opposition To Its Renewed Motion For Summary Judgment due 7/10/2017. Plaintiff Opposition To The FBI's Motion For Summary Judgment Or Cross-Motion Shall Be Combined With The Opposition due 6/26/2017. FBI's Reply And, If Applicable, Combined Opposition due 7/10/2017. Plaintiff's Reply due 7/24/2017. Plaintiff Opposition To FBI's Motion For Leave To Submit Exhibit In Camera due 6/26/2017. FBI's Reply To That Opposition due 7/10/2017. Plaintiff Opposition To FEMA's Motion To Strike due by 6/26/2017. FEMA Reply due by 7/10/2017. (mac) (Entered: 06/19/2017) |
| 2017-06-19 | 40 | Cross MOTION for Summary Judgment, MOTION for In Camera Review by AAKASH DALAL (Attachments: # 1 Exhibit 1-5, # 2 Exhibit 6-7, # 3 Exhibit 8-20)(jf) (Entered: 06/20/2017) |
| 2017-06-19 | 41 | Memorandum in opposition to re 32 MOTION for Summary Judgment (Federal Bureau of Investigation's Motion for Summary Judgment) filed by AAKASH DALAL. (See Docket Entry 40 to view document) (jf) (Entered: 06/20/2017) |
| 2017-06-22 | 42 | Memorandum in opposition to re 37 MOTION to Strike 36 Errata (Amended) Statement of Material Facts by AAKASH DALAL. filed by AAKASH DALAL. (jf) (Entered: 06/23/2017) |
| 2017-06-29 | 43 | MOTION for Leave to File Excess Pages by AAKASH DALAL (Attachments: # 1 Exhibit Cross Motion, # 2 Exhibit Opposition, # 3 Exhibits)(jf) (Entered: 06/30/2017) |
| 2017-07-06 | | MINUTE ORDER denying 43 Plaintiff's Motion for Leave to File an Oversized Brief. Plaintiff is ORDERED to re-file his combined opposition to the FBI's motion for summary judgment and cross-motion for summary judgment by no later than July 14, 2017. The memorandum of points and authorities thereto shall not exceed 45 pages. The FBI's reply and combined opposition shall now be filed by no later than July 28, 2017. Plaintiff's reply, if any, shall now be filed by no later than August 11, 2017. Signed by Judge Emmet G. Sullivan on 07/6/2017. (lcegs3) (Entered: 07/06/2017) |
| 2017-07-06 | | Set/Reset Deadlines: Plaintiff To Refile Combined Opposition To the FBI's Motion For Summary Judgment And Cross-Motion For Summary Judgment due by 7/14/2017. FBI's Reply And Combined Opposition due by 7/28/2017. Plaintiff's Reply due by 8/11/2017. (mac) (Entered: 07/06/2017) |
| 2017-07-10 | 44 | REPLY to opposition to motion re 37 MOTION to Strike 36 Errata (Amended) Statement of Material Facts by AAKASH DALAL. filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Whitaker, Claire) (Entered: 07/10/2017) |
| 2017-07-10 | 45 | MOTION for Extension of Time to File Response/Reply as to 40 MOTION for Summary Judgment MOTION for In Camera Review, 27 MOTION for Summary Judgment (Renewed EOUSA) by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 07/10/2017) |
| 2017-07-13 | 46 | Cross MOTION for Summary Judgment by AAKASH DALAL (jf) (Entered: 07/14/2017) |
| 2017-07-13 | 47 | Memorandum in opposition to re 32 MOTION for Summary Judgment (Federal Bureau of Investigation's Motion for Summary Judgment) filed by AAKASH DALAL. (jf) (Entered: 07/14/2017) |
| 2017-07-15 | | MINUTE ORDER treating as opposed and granting in part and denying in part 45 EOUSA's motion for extension of time. EOUSA is ORDERED to file its combined opposition to plaintiff's cross-motion for summary judgment, reply in support of its renewed motion for summary judgment, and opposition to plaintiff's motion for in camera review by no later than July 21, 2017. Plaintiff shall now file his reply to EOUSA's opposition to his cross-motion, if any, combined with his reply to EOUSA's opposition to his motion for in camera review, if any, by no later than August 4, 2017. Government counsel is admonished not to wait until the day a filing is due to seek an extension of time. In any event, the Court has already warned the parties that it will be reluctant to grant any more extensions of time. Signed by Judge Emmet G. Sullivan on 07/15/2017. (lcegs3) (Entered: 07/15/2017) |
| 2017-07-16 | | Set/Reset Deadlines: EOUSA To File Its Combined Opposition To Plaintiff's Cross-Motion For Summary Judgment, Reply In Support Of Its Renewed Motion For Summary Judgment, And Opposition To Plaintiff's Motion For In Camera Review due by 7/21/2017. Plaintiff Reply To EOUSA's Opposition To Cross-Motion, If Any, Combined With Reply To EOUSA's Opposition To Motion For In Camera Review due by 8/4/2017. (mac) (Entered: 07/16/2017) |
| 2017-07-21 | 48 | Memorandum in opposition to re 40 MOTION for Summary Judgment MOTION for In Camera Review, filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration Suppl. Bryant Dec., # 2 Declaration suppl. Luczynski Dec., # 3 Statement of Facts Addressing Plaintiff's facts, # 4 Text of Proposed Order)(Whitaker, Claire) . (Entered: 07/21/2017) |
| 2017-07-27 | 49 | MOTION for Extension of Time to File Response/Reply to Plaintiff's Cross Motion for Summary Judgment and Plaintiff's opposition to Defendant's Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 07/27/2017) |
| 2017-07-28 | | MINUTE ORDER treating as opposed and granting the FBI's 49 motion to extend time. FBI is ORDERED to file its reply to plaintiff's combined opposition to FBI's motion for summary judgment and cross motion for summary judgment by no later than August 4, 2017. It is FURTHER ORDERED that plaintiff shall now file his reply thereto by no later than August 18, 2017. Signed by Judge Emmet G. Sullivan on 07/28/2017. (lcegs3) (Entered: 07/28/2017) |
| 2017-07-28 | | Set/Reset Deadlines/Hearings: FBI's reply to Motion for Summary Judgment & response to cross motion due by 8/4/2017. (zcdw) (Entered: 07/28/2017) |
| 2017-08-04 | 50 | Memorandum in opposition to re 46 MOTION for Summary Judgment and reply in support of Defendant's cross motion filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration 4th Hardy Decl., # 2 Statement of Facts, # 3 Text of Proposed Order)(Whitaker, Claire) (Entered: 08/04/2017) |
| 2017-08-04 | 51 | REPLY to opposition to motion re 32 MOTION for Summary Judgment (Federal Bureau of Investigation's Motion for Summary Judgment) filed by UNITED STATES DEPARTMENT OF JUSTICE. (See Docket Entry 50 to view document). (znmw) (Entered: 08/07/2017) |
| 2017-08-04 | 52 | MOTION for Extension of Time to File Reply as to US Dept. of Justice's (FBI) Opposition re 46 Cross MOTION for Summary Judgment by AAKASH DALAL (jf) (Entered: 08/08/2017) |
| 2017-08-04 | 53 | REPLY re 48 Memorandum in opposition to re 40 MOTION for Summary Judgment MOTION for In Camera Review, filed by AAKASH DALAL. (jf) (Entered: 08/08/2017) |
| 2017-08-09 | | MINUTE ORDER treating as opposed and granting over objection plaintiff's 52 motion for an extension of time. Plaintiff shall file his reply to 50 FBI's opposition to plaintiff's cross-motion for summary judgment by no later than September 14, 2017. Signed by Judge Emmet G. Sullivan on 08/9/2017. (lcegs3) (Entered: 08/09/2017) |
| 2017-08-10 | | Set/Reset Deadlines: Plaintiff Reply to 50 FBI's Opposition To Plaintiff's Cross- Motion for Summary Judgment due by 9/14/2017. (mac) (Entered: 08/10/2017) |
| 2017-08-10 | 54 | REPLY to DOJ's opposition to re 46 Cross MOTION for Summary Judgment filed by AAKASH DALAL. (jf) (Entered: 08/11/2017) |
| 2017-09-18 | | Case directly reassigned to Judge Timothy J. Kelly. Judge Emmet G. Sullivan is no longer assigned to the case. (ztnr) (Entered: 09/18/2017) |
| 2018-02-05 | 55 | MOTION for Leave to File Supplemental Exhibit by AAKASH DALAL (Attachments: # 1 Exhibit)(jf) (Entered: 02/08/2018) |
| 2018-03-28 | | MINUTE ORDER granting, nunc pro tunc and for good cause shown, Defendant FBI's 33 motion for leave to file an exhibit in camera. Where an agency must explain its justification for nondisclosure of classified records, and cannot "responsibly do so except by submitting some of its declarations ex parte for in camera inspection," it may do so. McClanahan v. DOJ, 712 F. App'x 6, 9 (D.C. Cir. 2018) (citing Hayden v. NSA, 608 F.2d 1381, 1384-85 (D.C. Cir. 1979)). Moreover, Plaintiff has not filed any opposition to the motion. Accordingly, it is hereby ORDERED that the motion is GRANTED, and that Defendant FBI may submit a classified declaration, ex parte and for in camera inspection, in support of its withholding of records it contends are protected by FOIA Exemptions 1 and 3. Signed by Judge Timothy J. Kelly on 3/28/2018. (lctjk1) (Entered: 03/28/2018) |
| 2018-03-28 | | MINUTE ORDER: Upon review of Defendant FBI's 32 motion for summary judgment, it does not appear that any of the referenced exhibits to the Declaration of David M. Hardy [32-1] have been filed with the Court. Defendant FBI shall file the exhibits to that declaration with the Court within 30 days. Signed by Judge Timothy J. Kelly on 3/28/2018.(lctjk1) (Entered: 03/28/2018) |
| 2018-03-29 | 56 | ORDER: It is hereby ORDERED that the FBI shall, within 60 days of this Order, produce a complete Vaughn index to Dalal. This case will be STAYED until further order of the Court. See Order for details. Signed by Judge Timothy J. Kelly on 3/29/2018. (lctjk1) (Entered: 03/29/2018) |
| 2018-04-12 | 57 | NOTICE (Notice of Filing of Exhibits) by UNITED STATES DEPARTMENT OF JUSTICE re 32 MOTION for Summary Judgment (Federal Bureau of Investigation's Motion for Summary Judgment) , Order, (Attachments: # 1 Exhibit A-HH)(Whitaker, Claire) (Entered: 04/12/2018) |
| 2018-05-29 | 58 | NOTICE of Compliance with the Court's March 29, 2018, Order by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF JUSTICE re 56 Order,, Case Stayed,, Order Staying Case, (Haynes, Fred) (Entered: 05/29/2018) |
| 2018-08-06 | 59 | NOTICE OF SUBSTITUTION OF COUNSEL by Fred Elmore Haynes on behalf of UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF JUSTICE Substituting for attorney Claire Whitaker (Haynes, Fred) (Entered: 08/06/2018) |
| 2018-08-06 | 60 | NOTICE of Filing of Revised Vaughn Index by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Exhibit Cover Letter, # 2 Exhibit Revised Vaughn Index)(Haynes, Fred) (Entered: 08/06/2018) |
| 2019-11-04 | 61 | NOTICE OF SUBSTITUTION OF COUNSEL by Christopher Charles Hair on behalf of UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF JUSTICE Substituting for attorney Fred E. Haynes (Hair, Christopher) (Entered: 11/04/2019) |
| 2022-04-08 | 62 | NOTICE OF SUBSTITUTION OF COUNSEL by Anna Davis Walker on behalf of DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF JUSTICE Substituting for attorney Christopher Charles Hair (Walker, Anna) (Entered: 04/08/2022) |
| 2022-04-18 | 63 | NOTICE of Appearance by Thomas Anthony Quinn on behalf of All Defendants (Quinn, Thomas) (Entered: 04/18/2022) |
| 2022-11-21 | 64 | MEMORANDUM OPINION & ORDER granting in part and denying without prejudice in part Defendant FEMA's 14 Motion for Summary Judgment; granting in part and denying without prejudice in part Defendant EOUSA's 27 Motion for Summary Judgment; granting in part and denying without prejudice in part Defendant FBI's 32 Motion for Summary Judgment; denying Defendant FEMA's 37 Motion to Strike; denying in part and denying without prejudice in part Plaintiff's 16 , 40 , and 46 Cross-Motions for Summary Judgment; and granting Plaintiff's 55 Motion for Leave to File. See Order for details. Signed by Judge Timothy J. Kelly on 11/21/2022. (lctjk1) (Entered: 11/21/2022) |
| 2022-12-01 | 65 | NOTICE of Change of Address by AAKASH DALAL. (ztth) (Entered: 12/05/2022) |
| 2022-12-27 | 66 | Plaintiff's PROPOSED SCHEDULE by AAKASH DALAL. (zjm) (Entered: 12/28/2022) |
| 2023-01-06 | 67 | PROPOSED BRIEFING SCHEDULE by DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Walker, Anna) (Entered: 01/06/2023) |
| 2023-01-11 | | MINUTE ORDER: Upon consideration of the parties' 66 and 67 proposed briefing schedules, it is hereby ORDERED that Defendants EOUSA and FEMA shall file any joint motion for summary judgment by April 6, 2023; Plaintiff shall file any response and cross-motion for summary judgment by May 8, 2023; Defendants EOUSA and FEMA shall file any reply and response to Plaintiff's cross-motion by June 7, 2023; and Plaintiff shall reply in support of any cross-motion by July 7, 2023. It is further ORDERED that Defendant FBI shall file a status report by February 6, 2023 advising the Court on the status of its records search, if any, and whether it plans to join Defendants EOUSA and FEMA's motion for summary judgment. Signed by Judge Timothy J. Kelly on 1/11/2023. (lctjk1) (Entered: 01/11/2023) |
| 2023-02-03 | 68 | Mail Returned as Undeliverable Sent to AAKASH DALAL; Type of Document Returned: Copy of Minute Order dated 1/11/2023; Resent to New Address: N/A. (zkh) (Entered: 02/03/2023) |
| 2023-02-06 | 69 | STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Walker, Anna) (Entered: 02/06/2023) |
| 2023-02-07 | | MINUTE ORDER: Upon consideration of Defendant FBI's 69 Status Report, it is hereby ORDERED that Defendant shall file a further status report by April 7, 2023. Signed by Judge Timothy J. Kelly on 2/7/2023. (lctjk1) (Entered: 02/07/2023) |
| 2023-02-17 | 70 | NOTICE of Change of Address by AAKASH DALAL. (ztth) (Entered: 02/24/2023) |
| 2023-04-03 | 71 | MOTION for Extension of Time to file renewed summary judgment motion, and , MOTION to Modify briefing schedule by DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Walker, Anna) (Entered: 04/03/2023) |
| 2023-04-04 | | MINUTE ORDER treating as opposed and granting Defendants' 71 Motion to Extend Time and Modify the Briefing Schedule. It is hereby ORDERED that, for good cause shown, Defendants' 71 motion for an extension of time to file their joint renewed motion for summary judgment and to modify the remaining briefing schedule is GRANTED. It is further ORDERED that Defendants EOUSA and FEMA shall file any joint motion for summary judgment by May 18, 2023; Plaintiff shall file any response and cross-motion for summary judgment by June 19, 2023; Defendants EOUSA and FEMA shall file any reply and response to Plaintiff's cross-motion by July 19, 2023; and Plaintiff shall reply in support of any cross-motion by August 18, 2023. Signed by Judge Timothy J. Kelly on 4/4/2023. (lctjk1) (Entered: 04/04/2023) |
| 2023-04-07 | 72 | STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Walker, Anna) (Entered: 04/07/2023) |
| 2023-04-11 | | MINUTE ORDER: Upon consideration of Defendant FBI's 72 Status Report, it is hereby ORDERED that Defendant shall file a further status report by August 4, 2023 and every 90 days thereafter until it is prepared, jointly with Plaintiff, to propose a briefing schedule for renewed summary judgment motions. It is further ORDERED that Plaintiff shall, by May 31, 2023, submit a status report advising (1) the address where the FBI can send Plaintiff reprocessed media on CD, and (2) whether Plaintiff requests that the FBI send him reprocessed paper materials to the same address on CD as well. Signed by Judge Timothy J. Kelly on 4/11/2023. (lctjk1) (Entered: 04/11/2023) |
| 2023-05-15 | 74 | STATUS REPORT by AAKASH DALAL. (ztth) (Entered: 05/17/2023) |
| 2023-05-16 | 73 | Second MOTION for Extension of Time to file renewed summary judgment motion, and, , Second MOTION to Modify Briefing Schedule by DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Walker, Anna) (Entered: 05/16/2023) |
| 2023-05-17 | 75 | CERTIFICATE OF SERVICE by UNITED STATES DEPARTMENT OF JUSTICE re 72 Status Report . (Attachments: # 1 Certificate of Service)(Walker, Anna) (Entered: 05/17/2023) |
| 2023-05-17 | | MINUTE ORDER treating as opposed and granting Defendants' 73 Motion to Extend Time and Modify the Briefing Schedule. It is hereby ORDERED that, for good cause shown, Defendants' 73 motion for an extension of time to file their joint renewed motion for summary judgment and to modify the remaining briefing schedule is GRANTED. It is further ORDERED that Defendants EOUSA and FEMA shall file any joint motion for summary judgment by June 9, 2023; Plaintiff shall file any response and cross-motion for summary judgment by July 11, 2023; Defendants EOUSA and FEMA shall file any reply and response to Plaintiff's cross-motion by August 10, 2023; and Plaintiff shall reply in support of any cross-motion by September 11, 2023. Signed by Judge Timothy J. Kelly on 5/17/2023. (lctjk1) (Entered: 05/17/2023) |
| 2023-06-09 | 76 | MOTION for Summary Judgment as to EOUSA and FEMA (Renewed) by DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Supplemental Declaration of David Luczynski, # 4 Declaration of Gregory Bridges, # 5 Text of Proposed Order, # 6 Certificate of Service)(Walker, Anna) (Entered: 06/09/2023) |
| 2023-06-22 | 77 | Memorandum in opposition to 76 Motion for Summary Judgment, filed by AAKASH DALAL. (Attachment: # 1 Memorandum in Support, # 2 Exhibits 1 -2)(ztth) (Entered: 06/27/2023) |
| 2023-06-22 | 78 | MOTION for Summary Judgment by AAKASH DALAL. (See Docket Entry 77] to view document). (ztth) (Entered: 06/27/2023) |
| 2023-08-04 | 79 | STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Walker, Anna) (Entered: 08/04/2023) |
| 2023-08-07 | | MINUTE ORDER: Upon consideration of Defendant FBI's 79 Status Report, it is hereby ORDERED that, by September 1, 2023, Plaintiff shall file a status report advising the Court and Defendant whether he seeks a stay in this matter pending completion of his post-conviction relief proceedings or to proceed with summary-judgment briefing. It is further ORDERED that, if Plaintiff wishes to proceed to summary judgment, he shall propose in his status report a date by which he would respond to Defendant's motion for summary judgment and file any cross-motion, assuming Defendant files such motion on December 8, 2023. Signed by Judge Timothy J. Kelly on 8/7/2023. (lctjk1) (Entered: 08/07/2023) |
| 2023-08-07 | 80 | First MOTION for Extension of Time to File Response/Reply as to 78 MOTION for Summary Judgment, 76 MOTION for Summary Judgment as to EOUSA and FEMA (Renewed) and , First MOTION to Modify Remaining Briefing Schedule by DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Walker, Anna) (Entered: 08/07/2023) |
| 2023-08-08 | | MINUTE ORDER treating as opposed and granting Defendants' 80 Motion for an Extension of Time. It is hereby ORDERED that, for good cause shown, Defendants' 80 motion for an extension of time to file a combined reply in support of their 76 renewed motion for summary judgment and opposition to Plaintiff's 78 cross-motion and to modify the remaining briefing schedule is GRANTED. It is further ORDERED that Defendants EOUSA and FEMA shall file their reply and response to Plaintiff's cross-motion by August 24, 2023, and Plaintiff shall reply in support of his cross-motion by September 25, 2023. Signed by Judge Timothy J. Kelly on 8/8/2023. (lctjk1) (Entered: 08/08/2023) |
| 2023-08-17 | 81 | STATUS REPORT by AAKASH DALAL. (ztth) (Entered: 08/23/2023) |
| 2023-08-23 | 82 | Second MOTION for Extension of Time to File Response/Reply as to 78 MOTION for Summary Judgment, 76 MOTION for Summary Judgment as to EOUSA and FEMA (Renewed) by DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Walker, Anna) (Entered: 08/23/2023) |
| 2023-08-24 | | MINUTE ORDER: Upon consideration of Plaintiff's 81 Status Report, it is hereby ORDERED that Defendant FBI shall file any motion for summary judgment by December 8, 2023; Plaintiff shall file any response and cross-motion for summary judgment by January 5, 2024; Defendant FBI shall file any reply and response to Plaintiff's cross-motion by February 5, 2024; and Plaintiff shall reply in support of any cross-motion by March 6, 2024. Signed by Judge Timothy J. Kelly on 8/24/2023. (lctjk1) (Entered: 08/24/2023) |
| 2023-08-24 | | MINUTE ORDER treating as opposed and granting Defendants' 82 Motion for an Extension of Time. It is hereby ORDERED that, for good cause shown, Defendants' 82 motion for an extension of time to file a combined reply in support of their 76 renewed motion for summary judgment and opposition to Plaintiff's 78 cross-motion and to modify the remaining briefing schedule is GRANTED. It is further ORDERED that Defendants EOUSA and FEMA shall file their reply and response to Plaintiff's cross-motion by August 29, 2023, and Plaintiff shall reply in support of his cross-motion by October 2, 2023. Signed by Judge Timothy J. Kelly on 8/24/2023. (lctjk1) (Entered: 08/24/2023) |
| 2023-08-24 | 83 | CERTIFICATE OF SERVICE by DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF JUSTICE re 82 Second MOTION for Extension of Time to File Response/Reply as to 78 MOTION for Summary Judgment, 76 MOTION for Summary Judgment as to EOUSA and FEMA (Renewed) . (Walker, Anna) (Entered: 08/24/2023) |
| 2023-08-29 | 84 | REPLY to opposition to motion re 76 MOTION for Summary Judgment as to EOUSA and FEMA (Renewed) filed by DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Response to Plaintiff's Statement of Undisputed Material Fact, # 2 Declaration of Gregory Bridges, # 3 Certificate of Service)(Walker, Anna) (Entered: 08/29/2023) |
| 2023-08-29 | 85 | RESPONSE re 78 MOTION for Summary Judgment filed by DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Response to Plaintiff's Statement of Undisputed Material Fact, # 2 Declaration of Gregory Bridges, # 3 Certificate of Service)(Walker, Anna) (Entered: 08/29/2023) |
| 2023-09-11 | 86 | REPLY to opposition to motion re 78 MOTION for Summary Judgment filed by AAKASH DALAL. (ztth) (Entered: 09/13/2023) |
| 2023-12-01 | 87 | MOTION for Extension of Time to File the FBI's Motion for Summary Judgment , MOTION to Modify Briefing Schedule by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Walker, Anna) (Entered: 12/01/2023) |
| 2023-12-04 | | MINUTE ORDER granting Defendant FBI's 87 Motion for Extension of Time and to Modify Briefing Scheduling. It is hereby ORDERED, for good cause shown, that Defendant FBI's 87 motion is GRANTED. It is further ORDERED that Defendant FBI shall file any motion for summary judgment by February 2, 2024; Plaintiff shall file any response and cross-motion for summary judgment by March 1, 2024; the FBI shall file any reply and response to Plaintiff's cross-motion by April 1, 2024; and Plaintiff shall reply in support of any cross-motion by May 1, 2024. Signed by Judge Timothy J. Kelly on 12/4/2023. (lctjk1) (Entered: 12/04/2023) |
| 2024-02-01 | 88 | Second MOTION for Extension of Time to File the FBI's Motion for Summary Judgment , Second MOTION to Modify Briefing Schedule by DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Walker, Anna) (Entered: 02/01/2024) |
| 2024-02-02 | | MINUTE ORDER granting Defendant FBI's 88 Second Motion for Extension of Time and to Modify Briefing Scheduling. It is hereby ORDERED, for good cause shown, that Defendant FBI's 88 motion is GRANTED. It is further ORDERED that Defendant FBI shall file any motion for summary judgment by February 23, 2024; Plaintiff shall file any response and cross-motion for summary judgment by March 22, 2024; the FBI shall file any reply and response to Plaintiff's cross-motion by April 22, 2024; and Plaintiff shall reply in support of any cross-motion by May 22, 2024. Signed by Judge Timothy J. Kelly on 2/2/2024. (lctjk1) (Entered: 02/02/2024) |
| 2024-02-23 | 89 | WITHDRAWN PURSUANT TO MINUTE ORDER FILED 7/24/2024..... MOTION for Summary Judgment as to FBI (Renewed) by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Shannon R. Hammer, # 4 Text of Proposed Order, # 5 Text of Proposed Order)(Walker, Anna) (Entered: 02/23/2024) |
| 2024-02-27 | 90 | ORDER advising Plaintiff to respond by March 22, 2024, to Defendant FBI's 89 Renewed Motion for Summary Judgment. See Order for details. Signed by Judge Timothy J. Kelly on 2/27/2024. (lctjk1) (Entered: 02/27/2024) |
| 2024-03-11 | 91 | MOTION for Leave to File Supplemental Brief by AAKASH DALAL. (zdp) (Additional attachment(s) added on 3/13/2024: # 1 Declaration, # 2 Exhibit) (zdp). Modified docket text on 3/13/2024 (zdp). (Entered: 03/13/2024) |
| 2024-03-25 | 92 | MOTION for Extension of Time to File Response/Reply as to 91 MOTION for Leave to File Supplemental brief by DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Walker, Anna) (Entered: 03/25/2024) |
| 2024-03-25 | 93 | Memorandum in opposition to re 89 Motion for Summary Judgment, filed by AAKASH DALAL. (zdp) ( # 1 Declaration, # 2 Statement of Facts, # 3 Exhibit) (zdp). Modified docket text on 3/27/2024 (zdp). (Entered: 03/27/2024) |
| 2024-03-25 | 94 | CROSS MOTION for Summary Judgment by AAKASH DALAL. (See Docket entry 93 to view document) (zdp) (Entered: 03/28/2024) |
| 2024-03-27 | | MINUTE ORDER granting Defendant FEMA's 92 Motion for Extension of Time to File Response to 91 Motion for Leave to File Supplemental Brief. It is hereby ORDERED, for good cause shown, that FEMA's motion is GRANTED. It is further ORDERED that FEMA shall file any response to Plaintiff's motion by April 26, 2024. Signed by Judge Timothy J. Kelly on 3/27/2024. (lctjk1) (Entered: 03/27/2024) |
| 2024-04-18 | 95 | MOTION for Extension of Time to File Response/Reply as to 94 MOTION for Summary Judgment, 89 MOTION for Summary Judgment as to FBI (Renewed) , MOTION to Modify Briefing Schedule by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Walker, Anna) (Entered: 04/18/2024) |
| 2024-04-19 | | MINUTE ORDER granting Defendant FBI's 95 Motion for Extension of Time and to Modify Briefing Scheduling. It is hereby ORDERED, for good cause shown, that Defendant FBI's 95 motion is GRANTED. It is further ORDERED that Defendant FBI shall file any reply and response to Plaintiff's 92 , 93 cross-motion for summary judgment by June 6, 2024, and Plaintiff shall file any reply by July 8, 2024. Signed by Judge Timothy J. Kelly on 4/19/2024. (lctjk1) (Entered: 04/19/2024) |
| 2024-04-23 | 96 | Second MOTION for Extension of Time to File Response/Reply as to 91 MOTION for Leave to File by DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Walker, Anna) (Entered: 04/23/2024) |
| 2024-04-25 | | MINUTE ORDER granting Defendant FEMA's 96 Motion for Extension of Time to File Response to 91 Motion for Leave to File Supplemental Brief. It is hereby ORDERED, for good cause shown, that FEMA's motion is GRANTED. It is further ORDERED that FEMA shall file any response to Plaintiff's motion by May 3, 2024. Signed by Judge Timothy J. Kelly on 4/25/2024. (lctjk1) (Entered: 04/25/2024) |
| 2024-05-03 | 97 | RESPONSE re 91 MOTION for Leave to File Supplemental Brief and Motion, in the Alternative, for Leave to File a Response to Plaintiff's Supplemental Brief filed by DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Declaration of Tammi Hines, # 2 Ex. A - FEMA's Response to Plaintiff's Supplemental Brief, # 3 Text of Proposed Order, # 4 Certificate of Service)(Walker, Anna) (Entered: 05/03/2024) |
| 2024-06-04 | 98 | Second MOTION for Extension of Time to File Response/Reply as to 94 MOTION for Summary Judgment, 89 MOTION for Summary Judgment as to FBI (Renewed) and , MOTION to Modify Briefing Schedule by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Walker, Anna) (Entered: 06/04/2024) |
| 2024-06-04 | | MINUTE ORDER treating as opposed and granting Defendant FBI's 98 Second Motion for Extension of Time and to Modify Briefing Scheduling. It is hereby ORDERED, treating it as opposed and for good cause shown, that Defendant FBI's 98 motion is GRANTED. It is further ORDERED that Defendant FBI shall file any reply and response to Plaintiff's 92 , 93 cross-motion for summary judgment by August 2, 2024, and Plaintiff shall file any reply by September 3, 2024. Signed by Judge Timothy J. Kelly on 6/4/2024. (lctjk1) (Entered: 06/04/2024) |
| 2024-07-01 | 99 | MOTION to Withdraw 89 MOTION for Summary Judgment as to FBI (Renewed) , MOTION for Scheduling Order by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Walker, Anna) (Entered: 07/01/2024) |
| 2024-07-24 | | MINUTE ORDER treating as opposed and granting Defendant DOJ's 99 Motion to Withdraw the FBI's 89 Motion for Summary Judgment. It is hereby ORDERED that Defendant DOJ's 99 motion is GRANTED, and the FBI's 89 renewed motion for summary judgment is WITHDRAWN. It is further ORDERED that Plaintiff's 93 , 94 response and renewed cross-motion for summary judgment are DENIED AS MOOT. It is further ORDERED that the FBI shall file a status report by October 1, 2024, and every ninety-days thereafter, pending the completion of its production of reprocessed Exemption 7(A) material. It is further ORDERED that the FBI shall propose a renewed briefing schedule for the parties' respective renewed summary judgment and renewed cross summary judgment motions after the FBI completes its reprocessing of Exemption 7(A) material. Signed by Judge Timothy J. Kelly on 7/24/2024. (lctjk1) (Entered: 07/24/2024) |
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