Case Detail

FOIA Project Annotation: Judge Amit Mehta has ruled that the Department of Justice has failed to show that it conducted an adequate search and properly withheld records under Exemption 5 (privileges) and Exemption 7(F) (harm to any person) in response to federal prisoner Matthew Sluss' two FOIA requests for records pertaining to the agency's decision to turn down his request to be transferred to Canada to serve out his sentence for advertising child pornography. While finding the agency's Exemption 5 and Exemption 7(F) claims lacking sufficient support, Mehta approved redactions the agency made under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). Sluss asked for records concerning implementation, policies, or guidelines of the International Prisoner Transfer Unit pertaining to prisoner transfers to Canada. After Sluss filed suit, the agency located 176 pages of records in the IPTU's case file on Sluss. The agency also found 23 pages of responsive records on the website of DOJ's Criminal Division. The agency disclosed those 23 pages and subsequently released six pages in full, 32 pages in part, and withheld 30 pages entirely. The agency asked IPTU to conduct a second search, which yielded another eight pages that were disclosed in full. Sluss argued that the agency waived the deliberative process privilege for two memos pertaining to the reasons for denying Sluss' request for a transfer to Canada when the Director of Enforcement Operations marked an "X" next to the word "Deny" and signed the document. Mehta acknowledged that the D.C. Circuit's holding in Abtew v. Dept of Homeland Security, 808 F.3d 895 (D.C. Cir. 2015), in which the D.C. Circuit found that a supervisor's initialing of an asylum officer's Assessment to Refer did not waive the privilege, weighed in favor of the government's claim here. But he indicated that here four specific acronyms for denying Sluss' transfer request appeared on the memos, making Mehta wonder whether "the term 'Denial Code' could signify the Director's reasons for denying Plaintiff's request. If that is what they mean, then query whether the Denial Codes correspond to the reasoning contained in the memoranda. If they do align, then perhaps the agency has 'expressly adopted' the author's reasoning as its own, in which case the document's predecisional character would cease." Pointing out that the agency had provided no evidence explaining the Denial Codes, Mehta indicated that he could not determine "if the Director's 'Deny' checkmark and signature on each document constitutes an express adoption of the document's reasoning or something else." Mehta added that the agency had not explained a letter from the chief of the IPTU describing the reasons for denying Sluss' transfer using terms reflected in the denial codes, suggesting that the letter had adopted the reasoning of the memos. Turning to Exemption 7(F), Sluss argued that the agency could not use the exemption to protect his safety and told Mehta that if the agency was unwilling to disclose those records to him in prison it could disclose the records to his attorney. Mehta rejected Sluss' claim that prisoner transfers did not qualify as a law enforcement purpose, noting instead that "IPTU makes determinations concerning an individual offender's rehabilitation into society, which includes weighing public safety. Such decisions fall within the heartland of law enforcement duties and responsibilities." Mehta also dismissed Sluss' assertions that Exemption 7(F) did not apply to protect a requester and that he could choose to waive the protection. But he observed that "this case presents facts that convince the court that DOJ has failed to carry its burden of showing a reasonable expectation that Plaintiff's safety would be at risk if the material in question was disclosed. The court will accord deference to the agency's assessment of danger, but only when it supplies facts to support it." He pointed out that the agency's affidavit on this point was conclusory, including the fact that the affidavit linked the potential danger to being in the general population of a prison, whereas Sluss was actually in a designated sex offender facility. He ordered the agency to disclose the Exemption 7(F) material to Sluss' legal advisor. Mehta found the agency's electronic search was inadequate because it failed to identify why the search was limited to those records and what search terms were used.
Issues: Adequacy - Search, Exemption 5 - Privileges - Waiver of privilege, Exemption 7 - Law enforcement records, Exemption 7(F) - Harm to safety of any person

Date Filed	Doc #	Docket Text
2017-01-11	1	COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE filed by MATTHEW DAVID SLUSS. (Attachments: # 1 Civil Cover Sheet)(zrdj) (Entered: 01/13/2017)
2017-01-11	2	MOTION for Leave to Proceed in forma pauperis by MATTHEW DAVID SLUSS (zrdj) (Entered: 01/13/2017)
2017-01-11	3	PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by MATTHEW DAVID SLUSS (zrdj) (Entered: 01/13/2017)
2017-01-11	4	ORDER directing an initial partial filing fee in the amount of $15.72 from Prison Account of MATTHEW DAVID SLUSS and granting 2 MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Signed by Chief Judge Beryl A. Howell on 1/9/2017. (zrdj) (Entered: 01/13/2017)
2017-01-11		Initiating Pleading & IFP Application Received on 12/30/2016. (zrdj) (Entered: 01/13/2017)
2017-01-30	5	SUMMONS (3) Issued as to UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (md) (Entered: 01/30/2017)
2017-02-22	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/14/2017. ( Answer due for ALL FEDERAL DEFENDANTS by 3/16/2017.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 2/10/2017, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 2/10/17. (td) (Entered: 02/23/2017)
2017-03-16	7	MOTION to Stay Proceedings by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration of John E. Cunningham III)(Sroka, Scott) (Entered: 03/16/2017)
2017-03-17		MINUTE ORDER granting 7 Defendant's Motion to Stay Proceedings. This matter shall be stayed until further order of the court. Defendant shall file a status report on or before May 15, 2017, providing the court with an update regarding the status of searches and production. Signed by Judge Amit P. Mehta on 03/17/2017. (lcapm3) (Entered: 03/17/2017)
2017-03-17		Case Stayed. Set/Reset Deadlines/Hearings: Defendant's Status Report due by 5/15/2017. (cdw) (Entered: 03/20/2017)
2017-03-22	8	Cross MOTION to Stay Proceedings by MATTHEW DAVID SLUSS (zrdj) (Entered: 03/24/2017)
2017-03-22	9	Memorandum in opposition to re 7 MOTION to Stay filed by MATTHEW DAVID SLUSS. (See docket entry 8 to view document)(zrdj) (Entered: 03/24/2017)
2017-03-28	10	ORDER denying 8 Plaintiff's Cross-Motion to Stay Proceedings. Defendant shall file a status report no later than April 14, 2017, addressing Defendant's search efforts. See attached Order for additional details. Signed by Judge Amit P. Mehta on 03/28/2017. (lcapm3) (Entered: 03/28/2017)
2017-04-13	11	STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Sroka, Scott) (Entered: 04/13/2017)
2017-04-13		MINUTE ORDER. Upon consideration of 11 Defendant's Status Report, Defendant shall file a subsequent status report on or before May 15, 2017, providing the court with an update regarding the status of searches and production. Signed by Judge Amit P. Mehta on 04/13/2017. (Entered: 04/13/2017)
2017-04-13		Set/Reset Deadlines/Hearings: Defendant's Status Report due by 5/15/2017. (cdw) (Entered: 04/13/2017)
2017-05-15	12	STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Sroka, Scott) (Entered: 05/15/2017)
2017-05-15		MINUTE ORDER. Upon consideration of 12 Defendant's Status Report, Defendant is hereby directed to file a subsequent status report on or before June 2, 2017, providing the court with an update regarding the status of searches and production. Signed by Judge Amit P. Mehta on 05/15/2017. (lcapm3) (Entered: 05/15/2017)
2017-05-15		Set/Reset Deadlines/Hearings: Status Report due by 6/2/2017. (zcdw) (Entered: 05/16/2017)
2017-05-30	13	NOTICE by MATTHEW DAVID SLUSS "LET THIS BE FILED" by Judge Amit P. Mehta (zrdj) (Entered: 05/31/2017)
2017-06-01	14	PROPOSED BRIEFING SCHEDULE and Status Report by UNITED STATES DEPARTMENT OF JUSTICE. (Sroka, Scott) (Entered: 06/01/2017)
2017-06-01	15	ORDER. Upon consideration of 14 Defendant's Status Report and Request for Briefing Schedule, the court orders the following with respect to further proceedings in this matter: within 10 days of production of all non-exempt records, Defendant's counsel shall endeavor to communicate with Plaintiff by phone to determine if Plaintiff intends to challenge the scope of the search or any withholdings, and Defendant shall notify the court of Plaintiff's position as soon as practicable thereafter. If Plaintiff intends to challenge Defendant's response to his FOIA request in any respect, the briefing schedule shall be as follows: Defendant's Motion for Summary Judgment shall be filed on or before July 7, 2017; Plaintiff's Opposition shall be filed on or before August 7, 2017; and Defendant's Reply shall be filed on or before August 28, 2017. See attached Order for additional details. Signed by Judge Amit P. Mehta on 06/01/2017. (lcapm3) (Entered: 06/01/2017)
2017-06-13	16	Letter from Matthew Sluss to Scott Sroka "LET THIS BE FILED" by Judge Amit P. Mehta (zrdj) (Entered: 06/14/2017)
2017-06-30	17	MOTION to Stay re 15 Order by MATTHEW DAVID SLUSS (zrdj) (Entered: 07/03/2017)
2017-07-06	18	MOTION to Stay re 17 MOTION to Stay re 15 Order,,, by UNITED STATES DEPARTMENT OF JUSTICE (Sroka, Scott) (Entered: 07/06/2017)
2017-07-06	19	RESPONSE re 17 MOTION to Stay re 15 Order filed by UNITED STATES DEPARTMENT OF JUSTICE. (See Docket Entry 18 to view document). (znmw) (Entered: 07/07/2017)
2017-07-10	20	LEAVE TO FILE DENIED- Letter from Plaintiff This document is unavailable as the Court denied its filing. "Do No File per 5.1(a)" Signed by Judge Amit P. Mehta on 07/10/2017. (jf) (Entered: 07/10/2017)
2017-07-10		MINUTE ORDER granting 17 and 18 the parties' motions to stay proceedings. These proceedings shall be stayed until August 7, 2017. No later than that date, Defendant shall submit a status report indicating whether there remain unresolved issues concerning Defendant's withholdings and, if so, proposing a revised summary judgment briefing schedule. Signed by Judge Amit P. Mehta on 07/10/2017. (lcapm3) (Entered: 07/10/2017)
2017-07-10		Case Stayed. Set/Reset Deadlines/Hearings: Defendant's Status Report due by 8/7/2017. (cdw) (Entered: 07/11/2017)
2017-08-07	21	STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Sroka, Scott) (Entered: 08/07/2017)
2017-08-08		MINUTE ORDER. Upon consideration of 21 Defendant's Status Report, these proceedings shall be stayed until September 7, 2017. No later than that date, Defendant shall submit a status report indicating whether there remain unresolved issues concerning Defendant's withholdings and, if so, proposing a revised summary judgment briefing schedule. Signed by Judge Amit P. Mehta on 08/08/2017. (lcapm3) (Entered: 08/08/2017)
2017-08-08		Case Stayed. Set/Reset Deadlines/Hearings: Defendant's Status Report due by 9/7/2017. (cdw) (Entered: 08/08/2017)
2017-09-07	22	STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Sroka, Scott) (Entered: 09/07/2017)
2017-09-07		MINUTE ORDER. Upon consideration of 22 Defendant's Status Report, these proceedings shall be stayed until October 6, 2017. No later than that date, Defendant shall submit a status report indicating whether there remain unresolved issues concerning Defendant's withholdings and, if so, proposing a revised summary judgment briefing schedule. Signed by Judge Amit P. Mehta on 09/07/2017. (lcapm3) (Entered: 09/07/2017)
2017-09-07		Case Stayed. Set/Reset Deadlines/Hearings: Status Report due by 10/6/2017. (zcdw) (Entered: 09/11/2017)
2017-10-06	23	STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Sroka, Scott) (Entered: 10/06/2017)
2017-10-06		MINUTE ORDER. Upon consideration of 23 Defendant's Status Report, Defendant shall submit a subsequent status report on or before November 6, 2017, indicating whether there remain unresolved issues concerning Defendant's withholdings and, if so, proposing a revised summary judgment briefing schedule. Signed by Judge Amit P. Mehta on 10/06/2017. (lcapm3) (Entered: 10/06/2017)
2017-10-06		Set/Reset Deadlines/Hearings: Defendant's Status Report due by 11/6/2017. (zcdw) (Entered: 10/07/2017)
2017-10-08	24	Letter from Plaintiff. "Let this be filed" signed by Judge Amit P. Mehta on 10/08/2017 (jf) (Entered: 10/11/2017)
2017-11-06	25	STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Sroka, Scott) (Entered: 11/06/2017)
2017-11-07		MINUTE ORDER. Defendant shall file a status report no later than November 22, 2017, which updates the court as to whether the parties have resolved remaining issues and, if not, proposes a briefing schedule. Signed by Judge Amit P. Mehta on 11/07/2017. (lcapm3) (Entered: 11/07/2017)
2017-11-07		Set/Reset Deadlines/Hearings: Defendant's Status Report due by 11/22/2017. (zcdw) (Entered: 11/09/2017)
2017-11-22	26	STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Sroka, Scott) (Entered: 11/22/2017)
2017-11-27		MINUTE ORDER. In light of Defendant's 26 Status Report, Defendant shall submit a subsequent Status Report on or before December 6, 2017, that reports that the parties have resolved any remaining issues or, if necessary, proposes a briefing schedule. Signed by Judge Amit P. Mehta on 11/27/2017. (lcapm3) (Entered: 11/27/2017)
2017-11-27		Set/Reset Deadlines/Hearings: Defendant's Status Report due by 12/6/2017. (zcdw) (Entered: 11/28/2017)
2017-12-06	27	STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Sroka, Scott) (Entered: 12/06/2017)
2017-12-08		MINUTE ORDER. In light of Defendant's 27 Status Report, Defendant shall submit a subsequent Status Report on or before January 5, 2018, that reports that the parties have resolved the remaining issue or, if necessary, proposes a briefing schedule. Signed by Judge Amit P. Mehta on 12/08/2017. (lcapm3) (Entered: 12/08/2017)
2018-01-05	28	STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Sroka, Scott) (Entered: 01/05/2018)
2018-01-08		MINUTE ORDER. In light of Defendant's 28 Status Report, Defendant shall submit a subsequent Status Report on or before February 5, 2018, that updates the court on whether the parties have successfully resolved all outstanding disputes and, if not, proposes a briefing schedule. Signed by Judge Amit P. Mehta on 01/08/2018. (lcapm3) (Entered: 01/08/2018)
2018-02-05	29	STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Sroka, Scott) (Entered: 02/05/2018)
2018-02-08		MINUTE ORDER. Defendant shall submit a subsequent Status Report on or before March 5, 2018, that reports that the parties have resolved the remaining issue or, if necessary, proposes a briefing schedule. Signed by Judge Amit P. Mehta on 02/08/2018. (lcapm3) (Entered: 02/08/2018)
2018-02-08		Set/Reset Deadlines/Hearings: Defendant's Status Report due by 3/5/2018. (zcdw) (Entered: 02/12/2018)
2018-03-05	30	STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Sroka, Scott) (Entered: 03/05/2018)
2018-03-06		MINUTE ORDER. Defendant shall submit a subsequent Status Report on or before March 20, 2018, that reports that the parties have resolved the remaining issue or, if necessary, proposes a briefing schedule. Signed by Judge Amit P. Mehta on 03/06/2018. (lcapm3) (Entered: 03/06/2018)
2018-03-06		Set/Reset Deadlines/Hearings: Status Report or Proposed Briefing Schedule due by 3/20/2018. (zcdw) (Entered: 03/06/2018)
2018-03-14	31	MOTION for Briefing Schedule for Summary Judgment by MATTHEW DAVID SLUSS (td) (Entered: 03/15/2018)
2018-03-20	32	STATUS REPORT and Request for Briefing Schedule by UNITED STATES DEPARTMENT OF JUSTICE. (Sroka, Scott) (Entered: 03/20/2018)
2018-03-20	33	ORDER setting the following schedule for further proceedings in this matter: (1) Defendants Motion for Summary Judgment shall be filed on or before April 13, 2018; (3) Plaintiffs Cross-Motion for Summary Judgment and Opposition to Defendants Motion shall be filed on or before May 14, 2018; (4) Defendants Reply and Opposition to Plaintiffs Cross-Motion shall be filed on or before May 28, 2018; and (5) Plaintiffs Reply shall be filed on or before June 11, 2018. Plaintiff's 31 Motion for Briefing Schedule is denied as moot. See the attached Order for details. Signed by Judge Amit P. Mehta on 03/20/2018. (lcapm3) (Entered: 03/20/2018)
2018-04-13	34	MOTION for Summary Judgment and Supporting Memorandum by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts, # 2 Exhibit Vaughn Index, # 3 Declaration of John E. Cunningham III (Second), # 4 Exhibit 1-8 to Second Cunningham Declaration, # 5 Declaration of Michael G. Seidel, # 6 Exhibit to Seidel Declaration, # 7 Declaration of Linda M. Bowe, # 8 Exhibit to Bowe Declaration, # 9 Declaration of John F. Boseker, # 10 Exhibit A to Boseker Declaration, # 11 Exhibit B to Boseker Declaration)(Sroka, Scott) (Entered: 04/13/2018)
2018-04-25	35	Emergency MOTION to Seal re 34 MOTION for Summary Judgment and Supporting Memorandum by MATTHEW DAVID SLUSS (jf). (Entered: 04/27/2018)
2018-04-27		MINUTE ORDER granting Plaintiff's 35 Emergency Motion to Seal. The clerk of court shall seal the papers filed in ECF No. 34 in their entirety. Within 7 days, government counsel shall meet and confer with Plaintiff about any redactions needed to protect Plaintiff's privacy consistent with Local Civil Rule 5.4(f). Government counsel shall file an appropriately redacted version of its 34 Motion for Summary Judgment, including exhibits, no later than May 11, 2018. Signed by Judge Amit P. Mehta on 04/27/2018. (lcapm1) (Entered: 04/27/2018)
2018-05-11	36	MOTION for Summary Judgment and Supporting Memorandum by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts, # 2 Exhibit Vaughn Index, # 3 Declaration of John E. Cunningham III (Second), # 4 Exhibit 1-8 to Second Cunningham Declaration, # 5 Declaration of Michael G. Seidel, # 6 Exhibit to Seidel Declaration, # 7 Declaration of Linda M. Bowe, # 8 Exhibit to Bowe Declaration, # 9 Declaration of John F. Boseker, # 10 Exhibit A to Boseker Declaration, # 11 Exhibit B to Boseker Declaration)(Sroka, Scott) (Entered: 05/11/2018)
2018-05-11	37	MOTION for Summary Judgment by MATTHEW DAVID SLUSS (Attachments: # 1 Exhibits)(jf) (Entered: 05/15/2018)
2018-05-22	38	MOTION for Leave to File Supplemental Memorandum in Support of Plaintiff's Cross-Motion by MATTHEW DAVID SLUSS (Attachments: # 1 Exhibit Supplemental Memorandum in Support of Plaintiff's Cross-Motion for Summary Judgment) (tth) . (Entered: 05/25/2018)
2018-05-29	39	MOTION for Extension of Time to File Response/Reply as to 37 MOTION for Summary Judgment, 38 MOTION for Leave to File by UNITED STATES DEPARTMENT OF JUSTICE (Sroka, Scott) (Entered: 05/29/2018)
2018-05-29		MINUTE ORDER granting Defendant's 39 Motion for Extension of Time. Defendant's Reply and Opposition to Plaintiff's Cross-Motion shall now be filed on or before June 19, 2018, and Plaintiff's Reply shall be filed on or before July 3, 2018. Signed by Judge Amit P. Mehta on 05/29/2018. (lcapm3) (Entered: 05/29/2018)
2018-05-29		Set/Reset Deadlines: Defendant's Reply and Opposition to Plaintiff's Cross-Motion due by 6/19/2018. Plaintiff's Reply due by 7/3/2018. (zjd) (Entered: 05/30/2018)
2018-06-19	40	MOTION for Extension of Time to File Response/Reply as to 37 MOTION for Summary Judgment, 38 MOTION for Leave to File by UNITED STATES DEPARTMENT OF JUSTICE (Sroka, Scott) (Entered: 06/19/2018)
2018-06-20		MINUTE ORDER granting Defendant's 40 Motion for Extension of Time. Defendant's Reply and Opposition to Plaintiff's Cross-Motion shall be filed on or before July 3, 2018; and Plaintiffs Reply shall be filed on or before July 10, 2018. Signed by Judge Amit P. Mehta on 06/20/2018. (lcapm3) (Entered: 06/20/2018)
2018-06-20		Set/Reset Deadlines: Defendant's Reply and Opposition due by 7/3/2018. Plaintiff's Reply due by 7/10/2018. (zjd) (Entered: 06/21/2018)
2018-07-03	41	MOTION for Extension of Time to File Response/Reply as to 37 MOTION for Summary Judgment, 38 MOTION for Leave to File by UNITED STATES DEPARTMENT OF JUSTICE (Sroka, Scott) (Entered: 07/03/2018)
2018-07-05		MINUTE ORDER granting 41 Motion for Extension of Time. Defendant's Reply and Opposition to Plaintiff's Cross-Motion shall be filed on or before July 10, 2018. Signed by Judge Amit P. Mehta on 07/05/2018. (lcapm3) (Entered: 07/05/2018)
2018-07-05		Set/Reset Deadlines: Defendant's Reply and Opposition due by 7/10/2018. (zjd) (Entered: 07/05/2018)
2018-07-05	42	MOTION for Extension of Time to File Reply as to 37 MOTION for Summary Judgment by MATTHEW DAVID SLUSS (jf) (Entered: 07/09/2018)
2018-07-10	43	Unopposed MOTION for Extension of Time to File Response/Reply as to 37 MOTION for Summary Judgment, 38 MOTION for Leave to File by UNITED STATES DEPARTMENT OF JUSTICE (Sroka, Scott) (Entered: 07/10/2018)
2018-07-10		MINUTE ORDER granting Defendant's 43 Motion for Extension of Time and denying as moot Plaintiff's 42 Motion for Extension of Time. Defendant's Reply and Opposition to Plaintiff's Cross-Motion shall be filed on or before August 9, 2018; and Plaintiff's Reply shall be filed on or before August 23, 2018. Signed by Judge Amit P. Mehta on 07/10/2018. (lcapm3) (Entered: 07/10/2018)
2018-07-10		Set/Reset Deadlines: Defendant's Reply and Opposition due by 8/9/2018. Plaintiff's Reply due by 8/23/2018. (zjd) (Entered: 07/10/2018)
2018-08-09	44	MOTION for Extension of Time to File Response/Reply as to 37 MOTION for Summary Judgment, 38 MOTION for Leave to File by UNITED STATES DEPARTMENT OF JUSTICE (Sroka, Scott) (Entered: 08/09/2018)
2018-08-10		MINUTE ORDER granting Defendant's 44 Motion for Extension of Time. Defendant's Reply and Opposition to Plaintiff's Cross-Motion shall be filed on or before September 7, 2018; and Plaintiff's Reply shall be filed on or before September 21, 2018. Signed by Judge Amit P. Mehta on 08/10/2018. (lcapm3) (Entered: 08/10/2018)
2018-08-10		Set/Reset Deadlines: Defendant's Reply and Opposition to Plaintiff's Cross-Motion due by 9/7/2018. Plaintiff's Reply due by 9/21/2018. (zjd) (Entered: 08/13/2018)
2018-09-07	45	MOTION to Withdraw 36 MOTION for Summary Judgment and Supporting Memorandum by UNITED STATES DEPARTMENT OF JUSTICE (Sroka, Scott) (Entered: 09/07/2018)
2018-09-07	46	MOTION for Briefing Schedule for Renewed Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Sroka, Scott) (Entered: 09/07/2018)
2018-09-10		MINUTE ORDER granting Defendant's 45 Motion to Withdraw its 36 Motion for Summary Judgment and granting Defendant's 46 Motion for Briefing Schedule. Plaintiff's 37 and 38 Motions are hereby denied without prejudice as moot. The following schedule shall govern further proceedings in this matter: (1) Defendant's Renewed Motion for Summary Judgment shall be filed on or before October 8, 2018; (2) Plaintiff's Cross-Motion for Summary Judgment and Opposition shall be filed on or before November 8, 2018; (3) Defendant's Reply and Opposition to Plaintiff's Cross-Motion shall be filed on or before November 26, 2018; and (5) Plaintiff's Reply shall be filed on or before December 10, 2018. Signed by Judge Amit P. Mehta on 09/10/2018. (lcapm3) (Entered: 09/10/2018)
2018-09-10		Set/Reset Deadlines: Defendant's Renewed Motion for Summary Judgment due by 10/8/2018. Plaintiff's Cross-Motion for Summary Judgment and Opposition due by 11/8/2018. Defendant's Reply and Opposition due by 11/26/2018. Plaintiff's Reply due by 12/10/2018. (zjd) (Entered: 09/12/2018)
2018-09-17	47	MOTION to Strike 45 Motion to Withdraw, 46 Motion for Briefing Schedule by MATTHEW DAVID SLUSS (jf) (Entered: 09/19/2018)
2018-09-17	48	Memorandum in opposition to re 46 MOTION for Briefing Schedule for Renewed Motion for Summary Judgment , 45 MOTION to Withdraw 36 MOTION for Summary Judgment and Supporting Memorandum filed by MATTHEW DAVID SLUSS. (jf) (Entered: 09/19/2018)
2018-09-20		MINUTE ORDER. Plaintiff's 47 Motion to Strike is denied as moot in light of the court's September 10, 2018, Minute Order granting Defendant's 45 Motion to Withdraw and setting a summary judgment briefing schedule. Signed by Judge Amit P. Mehta on 09/20/2018. (lcapm3) (Entered: 09/20/2018)
2018-10-09	49	MOTION for Summary Judgment and Supporting Memorandum by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts, # 2 Declaration of John E. Cunningham III (Third), # 3 Exhibit 1-8 to Third Cunningham Declaration, # 4 Declaration of Michael G. Seidel, # 5 Exhibit to Seidel Declaration, # 6 Declaration of Linda M. Bowe, # 7 Exhibit to Bowe Declaration, # 8 Declaration of John F. Boseker, # 9 Exhibit A to Boseker Declaration, # 10 Exhibit B to Boseker Declaration)(Sroka, Scott) (Entered: 10/09/2018)
2018-10-10	50	ORDER advising Plaintiff to respond by November 26, 2018, to Defendant Department of Justice's 49 Motion for Summary Judgment or risk dismissal of the case. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 10/10/2018. (lcapm3) (Entered: 10/10/2018)
2018-10-10		Set/Reset Deadlines: Plaintiff's Response to Motion for Summary Judgment due by 11/26/2018. (zjd) (Entered: 10/11/2018)
2018-11-05	51	MOTION for Summary Judgment by MATTHEW DAVID SLUSS (Attachments: # 1 Exhibit)(jf) (Entered: 11/07/2018)
2018-11-21	52	MOTION for Extension of Time to File Response/Reply as to 51 MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Sroka, Scott) (Entered: 11/21/2018)
2018-11-21		MINUTE ORDER granting 52 Defendant's Motion for Extension of Time to File Opposition to Plaintiff's Motion for Summary Judgment and Reply in Further Support of Defendant's Motion for Summary Judgment. The Defendant's Opposition and Reply shall be due on or before December 10, 2018. Plaintiff's Reply to its Motion for Summary Judgment shall be due on or before December 27, 2018. Signed by Judge Amit P. Mehta on 11/21/2018. (lcapm3) (Entered: 11/21/2018)
2018-11-21		Set/Reset Deadlines: Defendant's Opposition and Reply due by 12/10/2018. Plaintiff's Reply due by 12/27/2018. (zjd) (Entered: 11/26/2018)
2018-12-10	53	MOTION for Extension of Time to File Response/Reply as to 51 MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Sroka, Scott) (Entered: 12/10/2018)
2018-12-10		MINUTE ORDER granting 53 Defendant's Motion for Extension of Time to File Opposition and Reply to Plaintiff's Motion for Summary Judgment. The Opposition and Reply shall be due on or before December 17, 2018. Signed by Judge Amit P. Mehta on 12/10/2018. (lcapm3) (Entered: 12/10/2018)
2018-12-10		Set/Reset Deadlines: Defendant's Opposition and Reply due by 12/17/2018. (zjd) (Entered: 12/11/2018)
2018-12-17	54	MOTION for Extension of Time to File Response/Reply as to 51 MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Sroka, Scott) (Entered: 12/17/2018)
2018-12-18		MINUTE ORDER granting 54 Defendant's Motion for Extension of Time to File Opposition to Plaintiff's Motion for Summary Judgment and Reply in Further Support of its Motion. The Opposition and Reply shall be due on or before December 21, 2018. Signed by Judge Amit P. Mehta on 12/18/2018. (lcapm3) (Entered: 12/18/2018)
2018-12-18		Set/Reset Deadlines: Defendant's Opposition and Reply due by 12/21/2018. (zjd) (Entered: 12/20/2018)
2018-12-21	55	Memorandum in opposition to re 51 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit Response to Plaintiff's Fact Statement)(Sroka, Scott) (Entered: 12/21/2018)
2018-12-21	56	REPLY to opposition to motion re 49 MOTION for Summary Judgment and Supporting Memorandum filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit Response to Plaintiff's Fact Statement)(Sroka, Scott) (Entered: 12/21/2018)
2019-01-02	57	MOTION for Extension of Time to File Response/Reply as to 51 MOTION for Summary Judgment by MATTHEW DAVID SLUSS (ztd) (Entered: 01/10/2019)
2019-01-11		MINUTE ORDER granting 57 Plaintiff's Motion for Extension of Time to File Reply. The Reply shall be due on or before January 18, 2019. Signed by Judge Amit P. Mehta on 01/11/2019. (lcapm3) (Entered: 01/11/2019)
2019-01-11		Set/Reset Deadlines: Plaintiff's Reply due by 1/18/2019. (zjd) (Entered: 01/15/2019)
2019-01-15	58	REPLY re 51 MOTION for Summary Judgment filed by MATTHEW DAVID SLUSS. (jf) (Entered: 01/18/2019)
2019-06-14	59	MEMORANDUM OPINION AND ORDER granting in part and denying in part 49 Defendant's Motion for Summary Judgment, and granting in part and denying in part 51 Plaintiff's Cross-Motion for Summary Judgment. See attached Memorandum Opinion and Order for additional details. Signed by Judge Amit P. Mehta on 06/14/2019. (lcapm3) (Entered: 06/14/2019)
2019-06-14		Set/Reset Deadlines: Defendant's Status Report due by 6/27/2019. (zjd) (Entered: 06/17/2019)
2019-06-27	60	STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Sroka, Scott) (Entered: 06/27/2019)
2019-06-28		MINUTE ORDER. Defendant shall file an additional Joint Status Report or renew its motion for summary judgment by July 31, 2019. Signed by Judge Amit P. Mehta on 06/28/2019. (lcapm3) (Entered: 06/28/2019)
2019-06-28		Set/Reset Deadlines: Defendant's Additional Joint Status Report due by 7/31/2019. Renewed Summary Judgment Motion due by 7/31/2019. (ldc) (Entered: 06/28/2019)
2019-07-01	61	MOTION for Interim Cost Other Than Attorney Fees by MATTHEW DAVID SLUSS (jf) (Entered: 07/03/2019)
2019-07-17	62	MOTION for Extension of Time to File Response/Reply as to 61 MOTION for Interim Costs Other Than Attorney Fees by UNITED STATES DEPARTMENT OF JUSTICE (Sroka, Scott) (Entered: 07/17/2019)
2019-07-19		MINUTE ORDER granting 62 Consent Motion for Extension of Time. Defendant's Opposition to Plaintiff's Motion for Interim Costs Other Than Attorney's Fees shall be filed on or before August 14, 2019. Signed by Judge Amit P. Mehta on 07/19/2019. (lcapm3) (Entered: 07/19/2019)
2019-07-19		Set/Reset Deadlines: Defendant's opposition to plaintiff's motion for interim costs other than attorney's fees due by 8/14/2019. (tg) (Entered: 07/19/2019)
2019-07-31	63	STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Sroka, Scott) (Entered: 07/31/2019)
2019-08-02		MINUTE ORDER. Defendant shall file a new declaration concerning its search efforts on or before August 30, 2019. Signed by Judge Amit P. Mehta on 08/02/2019. (Entered: 08/02/2019)
2019-08-02		Set/Reset Deadlines: Defendant's Declaration due by 8/30/2019. (zjd) (Entered: 08/05/2019)
2019-08-14	64	MOTION for Extension of Time to File Response/Reply as to 61 MOTION for Interim Costs Other Than Attorney Fees by UNITED STATES DEPARTMENT OF JUSTICE (Sroka, Scott) (Entered: 08/14/2019)
2019-08-15		MINUTE ORDER granting 64 Defendant's Motion for Extension of Time. Defendant's Opposition to Plaintiff's Motion for Interim Costs Other Than Attorney Fees shall be filed on or before August 28, 2019. Signed by Judge Amit P. Mehta on 08/15/2019. (Entered: 08/15/2019)
2019-08-15		Set/Reset Deadlines: Defendant's Opposition due by 8/28/2019. (zjd) (Entered: 08/16/2019)
2019-08-27	65	MOTION for Extension of Time to File Response/Reply as to 61 MOTION for Interim Costs Other Than Attorney Fees by UNITED STATES DEPARTMENT OF JUSTICE (Sroka, Scott) (Entered: 08/27/2019)
2019-08-27	66	MOTION for Extension of Time to File Dispositive Motion by UNITED STATES DEPARTMENT OF JUSTICE (Sroka, Scott) (Entered: 08/27/2019)
2019-08-27	67	ERRATA by UNITED STATES DEPARTMENT OF JUSTICE. (Sroka, Scott) (Entered: 08/27/2019)
2019-08-28		MINUTE ORDER granting 65 Defendant's Motion for Extension of Time to File Opposition. Defendant shall file its Opposition to Plaintiff's Motion on or before September 27, 2019. Signed by Judge Amit P. Mehta on 08/28/2019. (lcapm1) (Entered: 08/28/2019)
2019-08-28		Set/Reset Deadlines: Defendant's Opposition due by 9/27/2019. (zjd) (Entered: 08/30/2019)
2019-08-30	68	MOTION for Extension of Time to File Response/Reply to Minute Order by UNITED STATES DEPARTMENT OF JUSTICE (Sroka, Scott) (Entered: 08/30/2019)
2019-08-30		MINUTE ORDER granting 68 Defendant's Motion for Extension of Time. Defendant shall file its supplemental declaration and produce additional records by September 27, 2019. By that same date, Defendant shall file a Status Report advising (1) what, if any, additional records or portions of records it has produced, and (2) whether it is withholding any newly located record or portion of a record. Signed by Judge Amit P. Mehta on 08/30/2019. (lcapm1) (Entered: 08/30/2019)
2019-09-03		Set/Reset Deadlines: Defendant Supplemental Declaration And Produce Additional Records due by 9/27/2019. (zmac) (Entered: 09/03/2019)
2019-09-27	69	MOTION for Extension of Time to File Response/Reply as to 61 MOTION for Interim Costs Other Than Attorney Fees by UNITED STATES DEPARTMENT OF JUSTICE (Sroka, Scott) (Entered: 09/27/2019)
2019-09-27	70	NOTICE of Filing Declaration by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration of John E. Cunningham III)(Sroka, Scott) (Entered: 09/27/2019)
2019-09-30		MINUTE ORDER granting 69 Defendant's Motion for Extension of Time. Defendant shall file its Opposition on or before October 11, 2019. Signed by Judge Amit P. Mehta on 09/30/2019. (lcapm1) (Entered: 09/30/2019)
2019-09-30		Set/Reset Deadlines: Opposition due by 10/11/2019. (zjd) (Entered: 09/30/2019)
2019-10-11	71	MOTION for Extension of Time to File Response/Reply as to 61 MOTION for Interim Costs Other Than Attorney Fees by UNITED STATES DEPARTMENT OF JUSTICE (Sroka, Scott) (Entered: 10/11/2019)
2019-10-16		MINUTE ORDER granting 71 Defendant's Motion for Extension of Time. Defendant shall file its Opposition on or before November 12, 2019. Signed by Judge Amit P. Mehta on 10/16/2019. (lcapm1). (Entered: 10/16/2019)
2019-10-16		Set/Reset Deadlines: Opposition due by 11/12/2019. (zjd) (Entered: 10/16/2019)
2019-11-08	72	STIPULATION of Dismissal by UNITED STATES DEPARTMENT OF JUSTICE. (Sroka, Scott) (Entered: 11/08/2019)
2019-11-08	73	Signed Stipulation of Settlement and Dismissal. Signed by Judge Amit P. Mehta on 11/08/2019. (lcapm3) (Entered: 11/08/2019)
2019-12-16	74	MOTION to enforce stipulated settlement and dismissal agreement. by MATTHEW DAVID SLUSS (eg) (Entered: 12/19/2019)
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