Case Detail

FOIA Project Annotation: In the case before Alikhan, CREW sued to find out more about the litigation brought by the Justice Department against former Trump attorney Michael Cohen, who was convicted of violating election spending laws and served several years in prison before being released early during the COVID-19 pandemic. During his trial, Cohen admitted paying hush money to two women who had accused then candidate Donald Trump of extra-marital affairs, a matter that Trump wished to keep secret before the election. CREW submitted several FOIA requests to find out more about the completed investigation, including what other parties were involved in the investigation and whether anyone made false statements. By the time the case reached Alikhan for a decision, only three issues remained unresolved â€" (1) correspondence between the Southern District of New York and DOJ attorneys, (2) materials related to search warrants, and (3) documents related to interview records, including documents created as a result of the interviews and the underlying materials shared with interviewees as part of the process. Turning to the SDNY-DOJ correspondence, Alikhan found that DOJ had not shown that the records were protected under Exemption 5 (privileges), specifically the deliberative process privilege and the attorney work product privilege. Alikhan noted that "DOJ has not carried its burden because it does not explain how the SDNY correspondence is predecisional or how it is deliberative. Crucially, DOJ has not identified what deliberative process or decision is in play." She indicated that the agency "does not clarify 'what deliberative process is involved' â€" instead, it vaguely gestures to some undefined potential decision. The court does not know 'the "where," i.e. the stage within the broader deliberative process in which the withheld material operates; and the 'how,' i.e. the way in which the material facilitated agency deliberations.'" Alikhan added that "although the deliberations provided here make a reference to the potential prosecution of individuals other than Mr. Cohen, they lack a clear explanation of how the SDNY Correspondence relates to any concrete decision, like a commitment to prosecute or a public relations strategy for the investigation. FOIA demands more." Alikhan agreed with CREW that the agency's affidavits did not sufficiently explain the connection. She observed that although DOJ's affidavit "broadly states that the memoranda were produced in 'anticipation of litigation,' it does not identify a decision (like a prosecution) or decisionmaker (like the Deputy Attorney General). Nor does it explain how the document played a role in the process." Alikhan also rejected DOJ's claim that the attorney work product privilege applied. She noted that "DOJ does not provide detailed and specific information supporting a credible conclusion that litigation was sufficiently concrete to warrant the work-product privilege â€" it merely restates the legal standard with little more detail." She pointed out that "DOJ seems to suggest that because these records were created by lawyers, in the context of their job as prosecutors, it is obvious that credible litigation would follow. But that is not the test." Rather, "just because a senior DOJ official could choose to make a litigation-related decision after reviewing a document does not mean that he necessarily would. That does not clear the bar set by FOIA." While she found that DOJ had not yet made its case for withholding the emails under Exemption 7(C) (invasion of privacy concerning law enforcement records) because the public interest in disclosure might well outweigh the privacy interests in withholding, she rejected CREW's claim that the public interest outweighed the privacy interests when it came to search warrants. There, she noted that "the search warrant records at issue here largely contain factual assertions devoid of legal analysis that may shed light on DOJ's prosecutorial strategy. Further, much of the factual material has already been released through public filings in Mr. Cohen's criminal proceedings." On the matter of FBI interviews, Alikhan indicated the records were protected under the work-product privilege. She observed that "disclosure of such detailed information would surely reveal the prosecutorial legal analysis, including their theory of the case and other strategic assessments. There would have been no reason to conduct the interviews, particularly with the involvement of prosecutors, absent a possible prosecution."
Issues: Exemption 5 - Privileges - Attorney work-product privilege

Date Filed	Doc #	Docket Text
2019-07-30	1	COMPLAINT against U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-6286637) filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Department of Justice, # 3 Summons Attorney General, # 4 Summons U.S. Attorney)(Weismann, Anne) (Entered: 07/30/2019)
2019-07-30	2	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Weismann, Anne) (Entered: 07/30/2019)
2019-08-01		Case Assigned to Judge Emmet G. Sullivan. (zeg) (Entered: 08/01/2019)
2019-08-01	3	SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zeg) (Entered: 08/01/2019)
2019-08-06	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/6/19., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/6/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 9/5/2019.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 8/6/2019 (Weismann, Anne) (Entered: 08/06/2019)
2019-08-09	5	STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order.. Signed by Judge Emmet G. Sullivan on 08/09/19. (Attachment: Exhibit 1) (mac) (Entered: 08/09/2019)
2019-08-23	6	AMENDED COMPLAINT against U.S. DEPARTMENT OF JUSTICE filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Certificate of Service)(Weismann, Anne) (Entered: 08/23/2019)
2019-08-30	7	Unopposed MOTION for Extension of Time to File Answer re 6 Amended Complaint by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Abbuhl, Joshua) (Entered: 08/30/2019)
2019-09-04		MINUTE ORDER granting 7 unopposed motion for extension of time to file answer to amended complaint. Defendant shall answer or otherwise respond to the amended complaint by no later than September 13, 2019. Signed by Judge Emmet G. Sullivan on 9/4/2019. (lcegs2) (Entered: 09/04/2019)
2019-09-05		Set/Reset Deadlines: Defendant Answer Or Otherwise Response To The Complaint due by 9/13/2019. (mac) (Entered: 09/05/2019)
2019-09-13	8	ANSWER to 6 Amended Complaint by U.S. DEPARTMENT OF JUSTICE.(Abbuhl, Joshua) (Entered: 09/13/2019)
2019-10-02		MINUTE ORDER. Plaintiff brings this action pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552. The parties are directed to meet and confer and propose a joint scheduling order for further proceedings in this case by no later than November 8, 2019. The parties joint proposed scheduling order shall address the following: (1) The status of plaintiffs FOIA request; (2) The anticipated number of documents responsive to plaintiffs FOIA request; (3) The anticipated date(s) for release of documents responsive to plaintiffs FOIA request; (4)Whether a motion for an Open America stay is likely in this case; (5) Whether a Vaughn index will be required in this case; (6) Whether this case would benefit from referral to a magistrate judge or the District Court Mediation Program for purposes of settlement; and (7) A proposed briefing schedule for dispositive motions, if applicable. If the parties are unable to agree on a joint recommendation, the joint proposed scheduling order shall include each partys individual recommendations. Signed by Judge Emmet G. Sullivan on 10/2/2019. (lcegs2) (Entered: 10/02/2019)
2019-10-02		Set/Reset Deadlines: Joint Scheduling Order due by 11/8/2019. (mac) (Entered: 10/02/2019)
2019-11-08	9	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Abbuhl, Joshua) (Entered: 11/08/2019)
2019-11-12		MINUTE ORDER. Upon consideration of 9 the parties' joint status report, the parties are directed to file a further joint status report by no later than December 18, 2019. Signed by Judge Emmet G. Sullivan on 11/12/2019. (lcegs2) (Entered: 11/12/2019)
2019-11-13		Set/Reset Deadlines: Further Joint Status Report due by 12/18/2019. (mac) (Entered: 11/13/2019)
2019-12-18	10	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Abbuhl, Joshua) (Entered: 12/18/2019)
2019-12-18	11	MINUTE ORDER. Upon consideration of 10 the parties' joint status report, the parties are directed to file a further joint status report by no later than January 15, 2020. Signed by Judge Emmet G. Sullivan on 12/18/2019. (lcegs2) (Entered: 12/18/2019)
2019-12-19		Set/Reset Deadlines: Further Joint Status Report due by 1/15/2020. (mac) (Entered: 12/19/2019)
2020-01-15	12	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Abbuhl, Joshua) (Entered: 01/15/2020)
2020-01-16		MINUTE ORDER directing the parties to submit a joint proposed scheduling order by no later than January 24, 2020. In the event that counsel are unable to agree on a joint recommendation, each party shall file an individual recommendation by that time. Signed by Judge Emmet G. Sullivan on 01/16/2020. (lcegs2) (Entered: 01/16/2020)
2020-01-17		Set/Reset Deadlines: Joint Proposed Scheduling Order Or Each Party Individual Recommendation due by 1/24/2020. (mac) (Entered: 01/17/2020)
2020-01-24	13	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Abbuhl, Joshua) (Entered: 01/24/2020)
2020-01-27		MINUTE ORDER. In view of 13 parties' joint status report, the parties are directed to file a further joint status report by no later than February 28, 2020. Signed by Judge Emmet G. Sullivan on 01/27/2020. (lcegs2) (Entered: 01/27/2020)
2020-01-28		Set/Reset Deadlines: Further Joint Status Report due by 2/28/2020. (mac) (Entered: 01/28/2020)
2020-02-28	14	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Abbuhl, Joshua) (Entered: 02/28/2020)
2020-03-02		MINUTE ORDER. In view of 14 the parties' joint status report, the parties are directed to file a further joint status report by no later than May 1, 2020. Signed by Judge Emmet G. Sullivan on 3/2/2020. (lcegs2) (Entered: 03/02/2020)
2020-03-03		Set/Reset Deadlines: Further Joint Status Report due by 5/1/2020. (mac) (Entered: 03/03/2020)
2020-05-01	15	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Abbuhl, Joshua) (Entered: 05/01/2020)
2020-05-01		MINUTE ORDER. In view of 15 the parties' joint status report, the parties are directed to file a further joint status report by no later than July 22, 2020. Signed by Judge Emmet G. Sullivan on 5/1/2020. (lcegs2) (Entered: 05/01/2020)
2020-05-04		Set/Reset Deadlines: Joint Status Report due by 7/22/2020. (mac) (Entered: 05/04/2020)
2020-05-04		Set/Reset Deadlines: Joint Status Report due by 7/29/2020 (mac) (Entered: 05/04/2020)
2020-06-19	16	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Abbuhl, Joshua) (Entered: 06/19/2020)
2020-06-22		MINUTE ORDER. In view of 16 the parties' joint status report, the parties are directed to file a further joint status report by no later than September 18, 2020. Signed by Judge Emmet G. Sullivan on 6/22/2020. (lcegs2) (Entered: 06/22/2020)
2020-06-22		Set/Reset Deadlines: Joint Status Report due by 9/18/2020 (mac) (Entered: 06/22/2020)
2020-08-21	17	NOTICE OF SUBSTITUTION OF COUNSEL by Conor M. Shaw on behalf of CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON Substituting for attorney Anne L. Weismann (Shaw, Conor) (Entered: 08/21/2020)
2020-09-16	18	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Abbuhl, Joshua) (Entered: 09/16/2020)
2020-09-16		MINUTE ORDER. In view of 18 the parties' joint status report, the parties are directed to file a further joint status report by no later than December 3, 2020. Signed by Judge Emmet G. Sullivan on 9/16/2020. (lcegs2) (Entered: 09/16/2020)
2020-09-17		Set/Reset Deadlines: Joint Status Report due by 12/3/2020. (mac) (Entered: 09/17/2020)
2020-12-03	19	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Abbuhl, Joshua) (Entered: 12/03/2020)
2020-12-03		MINUTE ORDER. In view of 19 the parties' joint status report, the parties are directed to file a further joint status report by no later than January 27, 2021. Signed by Judge Emmet G. Sullivan on 12/3/2020. (lcegs2) (Entered: 12/03/2020)
2020-12-04		Set/Reset Deadlines: Joint Status Report due by 1/27/2021 (mac) (Entered: 12/04/2020)
2021-01-27	20	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Abbuhl, Joshua) (Entered: 01/27/2021)
2021-01-27		MINUTE ORDER. In view of 20 Joint STATUS REPORT, the parties are directed to file a further joint status report by no later than March 3, 2021. Signed by Judge Emmet G. Sullivan on 1/27/2021. (lcegs2) (Entered: 01/27/2021)
2021-01-28		Set/Reset Deadlines: Joint Status Report due by 3/3/2021 (mac) (Entered: 01/28/2021)
2021-03-03	21	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Abbuhl, Joshua) (Entered: 03/03/2021)
2021-03-04		MINUTE ORDER. In view of 21 Joint Status Report, the parties shall abide by the following briefing schedule: (1) Defendant shall file its motion for summary judgment by no later than May 25, 2021; (2) Plaintiff shall file its cross-motion for summary judgment and opposition to Defendant's motion by no later than June 22, 2021; (3) Defendant shall file its opposition to Plaintiff's cross-motion and reply in support of Defendants motion by no later than July 16, 2021; and (4) Plaintiff shall file its reply by no later than August 6, 2021. Signed by Judge Emmet G. Sullivan on 3/4/2021. (lcegs2) (Entered: 03/04/2021)
2021-03-04		Set/Reset Deadlines: Defendant Motion For Summary Judgment due by 5/25/2021. Plaintiff Cross-Motion For Summary Judgment And Opposition To Defendant's Motion due by 6/22/2021. Defendant Opposition To Plaintiff's Cross-Motion And Reply In Support Of Defendants Motion due by 7/16/2021. Plaintiff Reply due by 8/6/2021. (mac) (Entered: 03/04/2021)
2021-05-18	22	Unopposed MOTION for Extension of Time to file Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Abbuhl, Joshua) (Entered: 05/18/2021)
2021-05-18		MINUTE ORDER granting 22 Unopposed Motion for Extension of Time. The parties shall adhere to the following modified briefing schedule: (1) Defendant shall file its motion for summary judgment by no later than June 18, 2021; (2) Plaintiff shall file its cross-motion for summary judgment and opposition to Defendant's motion by no later than July 23, 2021; (3) Defendant shall file its opposition to Plaintiff's cross-motion and reply in support of Defendant's motion by no later than August 20, 2021; and (4) Plaintiff shall file its reply by no later than September 24, 2021. Signed by Judge Emmet G. Sullivan on 5/18/2021. (lcegs2) (Entered: 05/18/2021)
2021-05-18		Set/Reset Deadlines: Defendant Motion For Summary Judgment due by 6/18/2021. Plaintiff Cross-Motion For Summary Judgment And Opposition To Defendant's Motion due by 7/23/2021. Defendant Opposition To Plaintiff's Cross-Motion And Reply In Support Of Defendant's Motion due by 8/20/2021. Plaintiff Reply due by 9/24/2021. (mac) (Entered: 05/18/2021)
2021-06-11	23	Unopposed MOTION for Extension of Time to file Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Abbuhl, Joshua) (Entered: 06/11/2021)
2021-06-14		MINUTE ORDER granting 23 Unopposed Motion for Extension of Time. The parties shall adhere to the following modified briefing schedule: (1) Defendant shall file its motion for summary judgment by no later than July 16, 2021; (2) Plaintiff shall file its cross-motion for summary judgment and opposition to Defendant's motion by no later than August 20, 2021; (3) Defendant shall file its opposition to Plaintiff's cross-motion and reply in support of Defendant's motion by no later than September 17, 2021; and (4) Plaintiff shall file its reply by no later than October 15, 2021. Signed by Judge Emmet G. Sullivan on 6/14/2021. (lcegs2) (Entered: 06/14/2021)
2021-06-15		Set/Reset Deadlines: Defendant Motion For Summary Judgment due by 7/16/2021. Plaintiff Cross-Motion For Summary Judgment And Opposition To Defendant's Motion due by 08/20/2021. Defendant Opposition To Plaintiff's Cross-Motion And Reply In Support Of Defendant's Motion due by 09/17/2021. Plaintiff Reply due by 10/15/2021. (mac) (Entered: 06/15/2021)
2021-07-12	24	Unopposed MOTION for Extension of Time to File Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Abbuhl, Joshua) (Entered: 07/12/2021)
2021-07-13		MINUTE ORDER granting 24 Unopposed Motion for Extension of Time. The parties shall adhere to the following revised briefing schedule: (1) Defendant shall file its motion for summary judgment by no later than July 30, 2021; (2) Plaintiff shall file its cross-motion for summary judgment and response to Defendant's motion by no later than September 17, 2021; (3) Defendant shall file its response to Plaintiff's cross-motion and reply in support of Defendant's by no later than October 15, 2021; and (4) Plaintiff shall file its reply in support of its cross-motion by no later than November 12, 2021. Signed by Judge Emmet G. Sullivan on 7/13/2021. (lcegs2) (Entered: 07/13/2021)
2021-07-14		Set/Reset Deadlines: Defendant Motion For Summary Judgment due by 7/30/2021. Plaintiff Cross-Motion For Summary Judgment And Response To Defendant's Motion due by 9/17/2021. Defendant Response To Plaintiff's Cross-Motion And Reply In Support Of Defendant's due by 10/15/2021. Plaintiff Reply In Support Of Its Cross-Motion due by 11/12/2021.(mac) (Entered: 07/14/2021)
2021-07-30	25	MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit B-1, # 5 Exhibit B-2, # 6 Exhibit C, # 7 Exhibit C-1, # 8 Exhibit C-2, # 9 Exhibit C-3, # 10 Exhibit D, # 11 Exhibit E, # 12 Statement of Facts, # 13 Text of Proposed Order)(Abbuhl, Joshua) (Entered: 07/30/2021)
2021-08-31	26	Unopposed MOTION for Extension of Time to File Response/Reply and Cross Motion for Summary Judgment by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Shaw, Conor) (Entered: 08/31/2021)
2021-09-01		MINUTE ORDER granting 26 Unopposed Motion for Extension of Time to File Response/Reply and Cross Motion for Summary Judgment. The parties shall adhere to the following revised briefing schedule: Plaintiff shall file its Cross Motion for Summary Judgment and response to Defendant's Motion for Summary Judgment by no later than October 1, 2021; Defendant shall file its response to Plaintiff's Cross Motion for Summary Judgment and reply in support of its Motion for Summary Judgment by no later than October 29, 2021; Plaintiff shall file its reply in support of its Cross Motion for Summary Judgment by no later than November 19, 2021. Counsel is however admonished for failing to comply with Local Civil Rule 7(c), which requires that each motion be accompanied by a proposed order. Signed by Judge Emmet G. Sullivan on 9/1/2021. (lcegs2) (Entered: 09/01/2021)
2021-09-02		Set/Reset Deadlines: Plaintiff Cross Motion For Summary Judgment And Response To Defendant's Motion For Summary Judgment due by 10/01/2021. Defendant Response To Plaintiff's Cross Motion For Summary Judgment And Reply In Support Of Its Motion For Summary Judgment due by 10/29/2021. Plaintiff Reply In Support Of Its Cross Motion for Summary Judgment due by 11/19/2021. (Entered: 09/02/2021)
2021-10-01	27	Cross MOTION for Partial Summary Judgment by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration, # 4 Exhibit A-1, # 5 Exhibit A-2, # 6 Exhibit A-3, # 7 Exhibit A-4, # 8 Exhibit A-5, # 9 Exhibit A-6, # 10 Exhibit A-7, # 11 Exhibit A-8, # 12 Exhibit A-9, # 13 Exhibit A-10, # 14 Text of Proposed Order)(Shaw, Conor) (Entered: 10/01/2021)
2021-10-01	28	Memorandum in opposition to re 25 MOTION for Summary Judgment filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (See Docket Entry 27 to view document). (znmw) (Entered: 10/04/2021)
2021-10-22	29	Unopposed MOTION for Extension of Time to File Response/Reply as to 25 MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Abbuhl, Joshua) (Entered: 10/22/2021)
2021-10-27		MINUTE ORDER granting 29 Unopposed Motion for Extension of Time. The schedule for summary judgment briefing is amended as follows: Defendant shall file a combined response to Plaintiff's cross-motion for summary judgment and a reply in support of Defendant's motion for summary judgment by no later than November 19, 2021; and Plaintiff shall file a reply in support of its cross-motion for summary judgment by no later than December 17, 2021. Signed by Judge Emmet G. Sullivan on 10/27/2021. (lcegs2) (Entered: 10/27/2021)
2021-10-27		Set/Reset Deadlines: Defendant Combined Response To Plaintiff's Cross-Motion For Summary Judgment And Reply In Support Of Defendant's Motion For Summary Judgment due by 11/19/2021. Plaintiff Reply In Support Of Its Cross-Motion For Summary Judgment due by 12/17/2021. (mac) (Entered: 10/27/2021)
2021-11-19	30	REPLY to opposition to motion re 25 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit G, # 2 Response to Plaintiff's Statement of Facts)(Abbuhl, Joshua) (Entered: 11/19/2021)
2021-11-19	31	RESPONSE re 27 Cross MOTION for Partial Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit G, # 2 Response to Plaintiff's Statement of Facts)(Abbuhl, Joshua) (Entered: 11/19/2021)
2021-12-17	32	REPLY to opposition to motion re 27 Cross MOTION for Partial Summary Judgment filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Shaw, Conor) (Entered: 12/17/2021)
2022-01-20	33	NOTICE OF SUBSTITUTION OF COUNSEL by Adam J. Rappaport on behalf of CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON Substituting for attorney Conor Shaw (Rappaport, Adam) (Entered: 01/20/2022)
2022-08-22	34	NOTICE OF SUPPLEMENTAL AUTHORITY by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Exhibit)(Abbuhl, Joshua) (Entered: 08/22/2022)
2023-07-07	35	NOTICE by U.S. DEPARTMENT OF JUSTICE (Abbuhl, Joshua) (Entered: 07/07/2023)
2023-08-02		MINUTE ORDER STAYING CASE. In view of 35 Notice by Defendant in which it requests that the Court not rule on the pending cross-motions for summary judgment until the Defendant has the opportunity to investigate new information that it has become aware of relevant to certain documents at issue in this case and provide a supplemental filing, and the lack of opposition to the request by the Plaintiff, proceedings in this case are HEREBY STAYED pending the forthcoming supplemental filings. Signed by Judge Emmet G. Sullivan on 8/2/2023. (lcegs1) (Entered: 08/02/2023)
2023-08-04	36	NOTICE by U.S. DEPARTMENT OF JUSTICE (Abbuhl, Joshua) (Entered: 08/04/2023)
2023-08-30	37	NOTICE by U.S. DEPARTMENT OF JUSTICE (Abbuhl, Joshua) (Entered: 08/30/2023)
2023-08-31		MINUTE ORDER. In view of 37 , Notice, this case shall remain STAYED through September 30, 2023. Signed by Judge Emmet G. Sullivan on 8/31/2023. (lcegs1) (Entered: 08/31/2023)
2023-09-29	38	NOTICE by U.S. DEPARTMENT OF JUSTICE (Abbuhl, Joshua) (Entered: 09/29/2023)
2023-10-12	39	NOTICE by U.S. DEPARTMENT OF JUSTICE (Abbuhl, Joshua) (Entered: 10/12/2023)
2023-10-12		MINUTE ORDER. In view of 39 Notice, this case shall remain STAYED through November 13, 2023. Signed by Judge Emmet G. Sullivan on 10/12/2023. (lcegs3) (Entered: 10/12/2023)
2023-11-13	40	NOTICE by U.S. DEPARTMENT OF JUSTICE (Abbuhl, Joshua) (Entered: 11/13/2023)
2023-11-14		MINUTE ORDER. In view of 40 Notice, this case shall remain STAYED through December 13, 2023. Signed by Judge Emmet G. Sullivan on 11/14/2023. (lcegs1) (Entered: 11/14/2023)
2023-12-13	41	NOTICE by U.S. DEPARTMENT OF JUSTICE (Abbuhl, Joshua) (Entered: 12/13/2023)
2023-12-14		Case directly reassigned to Judge Loren L. AliKhan. Judge Emmet G. Sullivan is no longer assigned to the case. (ztnr) (Entered: 12/14/2023)
2023-12-19	42	NOTICE by U.S. DEPARTMENT OF JUSTICE (Abbuhl, Joshua) (Entered: 12/19/2023)
2023-12-20		MINUTE ORDER: Upon consideration of Defendant's notice, Dkt. 42 , it is ORDERED that this case shall remain STAYED through January 18, 2024. Signed by Judge Loren L. AliKhan on 12/20/2023. (lclla3) (Entered: 12/20/2023)
2024-01-17	43	NOTICE by U.S. DEPARTMENT OF JUSTICE (Abbuhl, Joshua) (Entered: 01/17/2024)
2024-01-17		MINUTE ORDER: Upon consideration of Defendant's notice 43 , it is ORDERED that this case shall remain STAYED through February 15, 2024. Signed by Judge Loren L. AliKhan on 01/17/2024. (lclla3) (Entered: 01/17/2024)
2024-02-20		MINUTE ORDER: The court's January 17, 2024 Minute Order stayed this case through February 15, 2024. That date has passed with no filing from the parties. The court hereby ORDERS the parties to file a status report by February 22, 2024. Signed by Judge Loren L. AliKhan on 02/20/2024. (lclla3) (Entered: 02/20/2024)
2024-02-20		Set/Reset Deadlines/Hearings: Parties' Status Report due by 2/22/2024. (zcdw) (Entered: 02/20/2024)
2024-02-22	44	STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Abbuhl, Joshua) (Entered: 02/22/2024)
2024-02-26		MINUTE ORDER: Upon consideration of Defendant's Status Report 44 , it is hereby ORDERED that the STAY in this case is LIFTED. The court will decide the parties' pending cross-motions for summary judgment forthwith. Signed by Judge Loren L. AliKhan on 02/26/2024. (lclla3) (Entered: 02/26/2024)
2024-02-26		Case Unstayed. (ztnr) (Entered: 03/28/2024)
2024-08-20	45	MEMORANDUM OPINION AND ORDER: For the reasons stated in the attached document, Defendant's Motion for Summary Judgment 25 is granted in part and denied in part. Plaintiff's Motion for Summary Judgment 27 is denied. See document for details. Signed by Judge Loren L. AliKhan on 08/20/2024. (lclla3) (Entered: 08/20/2024)
2024-08-20		Set/Reset Deadlines: Joint Status Report due by 9/3/2024. (mhp) (Entered: 08/20/2024)
2024-09-03	46	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Abbuhl, Joshua) (Entered: 09/03/2024)
2024-09-04		MINUTE ORDER: Upon consideration of the parties' joint status report 46 , it is hereby ORDERED that Defendant shall submit a supplemental declaration and corresponding memorandum regarding the remaining claims in this action to the court, ex parte and under seal, on or before October 18, 2024. Signed by Judge Loren L. AliKhan on 09-04-2024. (lclla3) (Entered: 09/04/2024)
2024-09-04		Set/Reset Deadlines/Hearings: Defendant's supplemental declaration and memorandum due by 10/18/2024. (zcdw) (Entered: 09/04/2024)
2024-10-10	47	Unopposed MOTION for Extension of Time to Submit Ex Parte Declaration and Ex Parte Supplemental Memorandum in Support of Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Abbuhl, Joshua) (Entered: 10/10/2024)
2024-10-10		MINUTE ORDER: Upon consideration of Defendant's Unopposed Motion for an Extension of Time 47 , it is hereby ORDERED that the motion is GRANTED. Defendant shall file its ex parte declaration and ex parte supplemental memorandum in support of its motion for summary judgment on or before November 1, 2024. Signed by Judge Loren L. AliKhan on 10/10/2024. (lclla1) (Entered: 10/10/2024)
2024-10-10		Set/Reset Deadlines/Hearings: Defendant's ex parte declaration and ex parte supplemental memorandum due by 11/1/2024. (zcdw) (Entered: 10/10/2024)
2024-11-01	48	SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by U.S. DEPARTMENT OF JUSTICE (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Ex Parte Memorandum, # 2 Ex Parte Declaration, # 3 Ex. A, # 4 Ex. B, # 5 Ex. C, # 6 Ex. D, # 7 Ex. E, # 8 Text of Proposed Order)(Abbuhl, Joshua) (Entered: 11/01/2024)
2024-11-04		MINUTE ORDER: Upon consideration of Defendant's motion for leave to file documents under seal 48 , it is hereby ORDERED that the motion is GRANTED and the Defendant's Ex Parte Supplemental Memorandum in Support of its Renewed Motion for Summary Judgment [48-1], Ex Parte Declaration [48-2], Exhibit A [48-3], Exhibit B [48-4], Exhibit C [48-5], Exhibit D [48-6], and Exhibit E [48-7] shall be filed under seal. Signed by Judge Loren L. AliKhan on 11/04/2024. (lclla3) (Entered: 11/04/2024)
2024-11-04	49	SEALED DOCUMENT filed by U.S. DEPARTMENT OF JUSTICE. re 11/4/2024 MINUTE Order on Sealed Motion for Leave to File Document Under Seal. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Ex Parte Declaration, # 2 Ex. A, # 3 Ex. B, # 4 Ex. C, # 5 Ex. D, # 6 Ex. E)(mg) (Entered: 11/06/2024)
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