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Case TitleTHOMPSON v. SESSIONS
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv00003
Date Filed2016-01-04
Date Closed2018-09-28
JudgeJudge Randolph D. Moss
PlaintiffDAVID M. THOMPSON
DefendantLORETTA E. LYNCH Attorney General
TERMINATED: 03/22/2017
DefendantJEFFERSON B. SESSIONS, III Attorney General
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-01-041COMPLAINT against LORETTA E. LYNCH ( Filing fee $ 400, receipt number 4616075331) filed by DAVID M. THOMPSON. (Attachments: # 1 Civil Cover Sheet)(zrdj) (Entered: 01/04/2016)
2016-01-04SUMMONS (2) Issued as to LORETTA E. LYNCH and U.S. Attorney (zrdj) (Entered: 01/04/2016)
2016-01-132MOTION for CM/ECF Password by DAVID M. THOMPSON (zrdj) (Entered: 01/14/2016)
2016-01-18MINUTE ORDER: Upon consideration of Plaintiff's Motion for CM/ECF Username & Password & for Use of Post Office Box, it is hereby ORDERED that the motion is GRANTED. The Clerk is directed to provide a CM/ECF username and password to Plaintiff. Signed by Judge Randolph D. Moss on 1/18/16. (lcrdm1, ) (Entered: 01/18/2016)
2016-02-023RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/11/2016. ( Answer due for ALL FEDERAL DEFENDANTS by 3/11/2016.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/11/2016. (zrdj) (Entered: 02/04/2016)
2016-03-114Consent MOTION for Extension of Time to File Answer re 1 Complaint by LORETTA E. LYNCH (Attachments: # 1 Text of Proposed Order)(Kelly, Wynne) (Entered: 03/11/2016)
2016-03-11MINUTE ORDER: Upon consideration of the Consent Motion for Extension of Time 4 , it is hereby ORDERED that the motion is GRANTED. Defendant shall answer or otherwise respond to the complaint on or before April 11, 2016. Signed by Judge Randolph D. Moss on 3/11/2016. (lcrdm1, ) (Entered: 03/11/2016)
2016-03-11Set/Reset Deadline: Defendant shall answer or otherwise respond to the complaint on or before 4/11/2016. (kt) (Entered: 03/11/2016)
2016-04-115ANSWER to 1 Complaint by LORETTA E. LYNCH.(Kelly, Wynne) (Entered: 04/11/2016)
2016-04-116ORDER: The Initial Scheduling Conference is hereby set for May 11, 2016 at 10:00 a.m. in Courtroom 21. See document for details. Signed by Judge Randolph D. Moss on 4/11/2016. (lcrdm1, ) (Entered: 04/11/2016)
2016-04-12Set/Reset Hearing: An Initial Scheduling Conference is set for 5/11/2016, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 04/12/2016)
2016-04-177AMENDED COMPLAINT against All Defendants.(THOMPSON, DAVID) (Entered: 04/17/2016)
2016-05-028ANSWER to 7 Amended Complaint by LORETTA E. LYNCH. Related document: 7 Amended Complaint.(Kelly, Wynne) (Entered: 05/02/2016)
2016-05-049MEET AND CONFER STATEMENT. (THOMPSON, DAVID) (Entered: 05/04/2016)
2016-05-11Minute Entry for proceedings held before Judge Randolph D. Moss: Initial Scheduling Conference held on 5/11/2016. Order forthcoming. (Court Reporter: Jeff Hook). (kt) (Entered: 05/11/2016)
2016-05-1110SCHEDULING ORDER: (1) The parties Rule 26(a)(1) initial disclosures shall be due on or before May 25, 2016. (2) Fact discovery shall commence on May 25, 2016. Each party is limited to five depositions, fifteen interrogatories, and fifteen requests for production. (3) The parties shall participate in a telephonic status conference on May 26, 2016, at 2 p.m. The parties shall contact the Courtroom Deputy Clerk, Ms. Kristin Thompson, (202) 354-3084, to arrange for telephonic participation. (4) Fact discovery shall close on September 26, 2016. (5) The parties shall file a joint status report on or before September 30, 2016, stating whether the case should be referred to mediation, and, if so, their preferred form of mediation (i.e., referral to a randomly assigned magistrate judge, to a particular magistrate judge, or to the circuit mediation program). (6) Motions for summary judgment shall be due on or before October 26, 2016. (7) Any opposition to a motion for summary judgment shall be due on or before November 30, 2016. (8) Any reply shall be due on or before December 15, 2016. Signed by Judge Randolph D. Moss on 5/11/2016. (lcrdm1, ) (Entered: 05/11/2016)
2016-05-11Set/Reset Deadlines/Hearings: The parties Rule 26(a)(1) initial disclosures shall be due on or before 5/25/2016; Fact discovery shall commence on 5/25/2016; Fact discovery shall close on 9/26/2016; The parties shall file a joint status report on or before 9/30/2016, stating whether the case should be referred to mediation; Motions for summary judgment shall be due on or before 10/26/2016; Any opposition to a motion for summary judgment shall be due on or before 11/30/2016; Any reply shall be due on or before 12/15/2016. A Telephone Conference is set for 5/26/2016, at 2:00 PM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 05/11/2016)
2016-05-26Minute Entry for proceedings held before Judge Randolph D. Moss: Telephone Conference held on 5/26/2016. Issues addressed. (Court Reporter: Jeff Hook). (kt) (Entered: 05/26/2016)
2016-06-0911TRANSCRIPT OF PROCEEDINGS before Judge Randolph D. Moss held on May 26, 2016; Page Numbers: 1 - 6. Date of Issuance: June 9, 2016. Court Reporter/Transcriber: Jeff Hook. Telephone number: 202-354-3373. Transcripts may be ordered by submitting the Transcript Order Form. For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 6/30/2016. Redacted Transcript Deadline set for 7/10/2016. Release of Transcript Restriction set for 9/7/2016.(Hook, Jeff) (Entered: 06/09/2016)
2016-09-3012Joint STATUS REPORT by LORETTA E. LYNCH. (Kelly, Wynne) (Entered: 09/30/2016)
2016-10-2413MOTION for Extension of Time to File Motion for Summary Judgment and Extension of the Briefing Schedule by LORETTA E. LYNCH (Attachments: # 1 Exhibit 1 - Email Correspondence, # 2 Text of Proposed Order)(Kelly, Wynne) (Entered: 10/24/2016)
2016-10-2514MOTION for Briefing Schedule by DAVID M. THOMPSON (Attachments: # 1 Text of Proposed Order)(THOMPSON, DAVID) (Entered: 10/25/2016)
2016-10-25MINUTE ORDER: Upon consideration of Defendants' First Motion for Extension of the Briefing Schedule 13 and Plaintiff's Response to Government's Request for Time and Plaintiff's Cross Motion 14 , the motions are hereby GRANTED. The Court hereby ORDERS that the parties' summary judgment motions shall be filed on or before December 14, 2016, oppositions shall be filed on or before January 30, 2017, and replies (if any) shall be filed on or before February 15, 2017. Signed by Judge Randolph D. Moss on 10/25/2016. (lcrdm1, ) (Entered: 10/25/2016)
2016-10-25Set/Reset Deadlines: The parties' summary judgment motions shall be filed on or before 12/14/2016, oppositions shall be filed on or before 1/30/2017, and replies (if any) shall be filed on or before 2/15/2017. (kt) (Entered: 10/25/2016)
2016-10-2515RESPONSE re 13 MOTION for Extension of Time to File Motion for Summary Judgment and Extension of the Briefing Schedule filed by DAVID M. THOMPSON. (See Docket Entry 14 to view document). (znmw) (Entered: 10/26/2016)
2016-12-1416ENTERED IN ERROR.....Proposed MOTION for Summary Judgment by DAVID M. THOMPSON (THOMPSON, DAVID) Modified on 12/14/2016 (jf). (Entered: 12/14/2016)
2016-12-1417ENTERED IN ERROR.....MOTION for Summary Judgment by DAVID M. THOMPSON (Attachments: # 1 Text of Proposed Order, # 2 Affidavit)(THOMPSON, DAVID) Modified on 12/14/2016 (jf). (Entered: 12/14/2016)
2016-12-14NOTICE OF CORRECTED DOCKET ENTRY: Docket No. re 16 Proposed MOTION for Summary Judgment was entered in error and refiled. (See Docket Entry 17 to view document)(jf) (Entered: 12/14/2016)
2016-12-14NOTICE OF CORRECTED DOCKET ENTRY: Document Nos. re 16 Proposed MOTION for Summary Judgment , 17 MOTION for Summary Judgment was entered in error and filer was instructed to refile said pleading as one docket entry. (jf) (Entered: 12/14/2016)
2016-12-1418MOTION for Summary Judgment by DAVID M. THOMPSON (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Text of Proposed Order)(THOMPSON, DAVID) Modified on 12/14/2016 to correct event (zrdj). (Entered: 12/14/2016)
2016-12-1419ERRATA by DAVID M. THOMPSON 18 MOTION for Summary Judgment filed by DAVID M. THOMPSON. (Attachments: # 1 Exhibit, # 2 Errata)(THOMPSON, DAVID) (Entered: 12/14/2016)
2016-12-1420MOTION for Summary Judgment by LORETTA E. LYNCH (Attachments: # 1 Statement of Facts, # 2 Exhibit 1 - Plaintiff's Affidavit, # 3 Exhibit 2 - Excerpts from Transcripts of Plaintiff's Depositions, # 4 Exhibit 3 - Plaintiff's Grievance, # 5 Exhibit 4 - Email of Apr. 2, 2008, # 6 Exhibit 5 - Memorandum of Apr. 4, 2008, # 7 Exhibit 6 - Decl. of Robert Bruffy, # 8 Exhibit 7 - Plaintiff Email of Apr. 3, 2008, # 9 Exhibit 8 - Email from Letitia Grishaw of Apr. 4, 2008, # 10 Exhibit 9 - Plaintiff Email of Apr. 9, 2008, # 11 Exhibit 10 - Plaintiff's Physician Notes, # 12 Exhibit 11 - Excerpts from Dep. of Letitia Grishaw, # 13 Exhibit 12 - Plaintiff Emails of June 30, 2008 & July 1, 2008, # 14 Exhibit 13 - Interrogatory Responses of Letitia Grishaw, # 15 Exhibit 14 - Excerpts from Deposition of Robert Bruffy, # 16 Exhibit 15 - Transcript of July 15, 2008 Telephone Call, # 17 Exhibit 16 - Plaintiff Email of July 17, 2008, # 18 Exhibit 17 - ENRD Harassment Policy, # 19 Exhibit 18 - Plaintiff Emails of May 16 & 22, 2008, # 20 Exhibit 19 - Unredacted Interview of Plaintiff Summary, # 21 Exhibit 20 - Interrogatory Responses of Mary Edgar, # 22 Exhibit 21 - Summary of Hours Worked, # 23 Exhibit 22 - Interrogatory Responses of Chris Vaden, # 24 Exhibit 23 - Excerpt from Deposition of Mary Edgar, # 25 Exhibit 24 - Letter of Reprimand, # 26 Exhibit 25 - Declaration of Mary Edgar, # 27 Exhibit 26 - Plaintiff Email of Sept. 15, 2008, # 28 Exhibit 27 -Notification of Personnel Action, # 29 Exhibit 28 - Letter to Plaintiff from Deputy Asst. Atty. Gen., # 30 Exhibit 29 - Memo. to File of Oct. 16, 2008, # 31 Exhibit 30 - Letter to Plaintiff from Deputy Executive Officer, # 32 Declaration of Karen Wardzinski, # 33 Declaration of John Sim, # 34 Text of Proposed Order)(Kelly, Wynne) (Entered: 12/14/2016)
2016-12-1621FOX/NEAL ORDER: It is hereby ORDERED that Thompson shall respond to Defendants' Motion for Summary Judgment on or before January 30, 2017. If Plaintiff does not file a response within the time provided, the Court may treat the motion as conceded and enter judgment for Defendants. See document for details. Signed by Judge Randolph D. Moss on 12/16/2016. (lcrdm1, ) (Entered: 12/16/2016)
2016-12-16Set/Reset Deadlines: Thompson shall respond to Defendants' Motion for Summary Judgment on or before 1/30/2017. (kt) (Entered: 12/16/2016)
2017-01-2422Consent MOTION for Extension of Time to File Response/Reply as to 20 MOTION for Summary Judgment , 18 MOTION for Summary Judgment by LORETTA E. LYNCH (Attachments: # 1 Text of Proposed Order)(Kelly, Wynne) (Entered: 01/24/2017)
2017-01-25MINUTE ORDER: Upon consideration of the Consent Motion for Extension of the Briefing Schedule 22 , the motion is hereby GRANTED. The parties are hereby ORDERED to file their opposition briefs on or before March 2, 2017, and to file their reply briefs on or before March 23, 2017. Signed by Judge Randolph D. Moss on 1/25/2017. (lcrdm1, ) (Entered: 01/25/2017)
2017-01-25Set/Reset Deadlines: The parties are to file their opposition briefs on or before 3/2/2017, and to file their reply briefs on or before 3/23/2017. (kt) (Entered: 01/25/2017)
2017-03-0223Memorandum in opposition to re 18 MOTION for Summary Judgment filed by LORETTA E. LYNCH. (Attachments: # 1 Statement of Facts, # 2 Exhibit A to Defendants' Statement of Facts, # 3 Exhibit B to Defendants' Statement of Facts, # 4 Text of Proposed Order)(Kelly, Wynne) (Entered: 03/02/2017)
2017-03-0224Memorandum in opposition to re 20 MOTION for Summary Judgment filed by DAVID M. THOMPSON. (Attachments: # 1 Statement of Facts, # 2 Exhibit, # 3 Text of Proposed Order)(THOMPSON, DAVID) (Entered: 03/02/2017)
2017-03-2225Consent MOTION for Extension of Time to File Response/Reply as to 20 MOTION for Summary Judgment by LORETTA E. LYNCH (Attachments: # 1 Text of Proposed Order)(Kelly, Wynne) (Entered: 03/22/2017)
2017-03-22MINUTE ORDER: Upon consideration of the Consent Motion for Extension of Time 25 , the motion is hereby GRANTED. The parties are hereby ORDERED to file their reply briefs on or before March 30, 2017. Signed by Judge Randolph D. Moss on 3/22/2017. (lcrdm1, ) (Entered: 03/22/2017)
2017-03-22MINUTE ORDER: The Clerk is directed to substitute Attorney General Jefferson B. Sessions III as the defendant in this case. See Fed. R. Civ. P. 25(d). The Clerk is further directed to update the case caption to reflect this substitution. Signed by Judge Randolph D. Moss on 3/22/2017. (lcrdm1, ) Modified on 4/7/2017 to add language to update caption (kt). (Entered: 03/22/2017)
2017-03-22Set/Reset Deadlines: The parties are to file their reply briefs on or before 3/30/2017. (kt) (Entered: 03/22/2017)
2017-03-3026REPLY to opposition to motion re 18 MOTION for Summary Judgment filed by DAVID M. THOMPSON. (Attachments: # 1 Reply Brief)(THOMPSON, DAVID) (Entered: 03/30/2017)
2017-03-3027REPLY to opposition to motion re 20 MOTION for Summary Judgment filed by JEFF SESSIONS. (Kelly, Wynne) (Entered: 03/30/2017)
2017-06-28MINUTE ORDER: The parties are hereby ORDERED to appear for oral argument on Plaintiff's motion for summary judgment (Dkts. 18 , 19 ) and Defendant's motion for summary judgment (Dkt. 20 ) on August 1, 2017, at 10:00 a.m. in Courtroom 21. Signed by Judge Randolph D. Moss on 6/28/2017. (lcrdm1, ) (Entered: 06/28/2017)
2017-06-28Set/Reset Hearings: Motion Hearing set for 8/1/2017, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 06/28/2017)
2017-08-01Minute Entry for proceedings held before Judge Randolph D. Moss: Motion Hearing held on 8/1/2017 re 20 MOTION for Summary Judgment filed by LORETTA E. LYNCH, 18 MOTION for Summary Judgment and Dkt. 19 ERRATA, filed by DAVID M. THOMPSON; Motions heard and taken under advisement. The parties are granted leave to file additional briefs addressing the standing issue on or before 8/11/2017. (Court Reporter: Jeff Hook) (tth) (Entered: 08/01/2017)
2017-08-0828RESPONSE TO ORDER OF THE COURT re Order, filed by JEFFERSON B. SESSIONS, III. (Attachments: # 1 Exhibit 1 - Pages from Dep. of Pl.)(Kelly, Wynne) (Entered: 08/08/2017)
2017-08-1129MEMORANDUM by DAVID M. THOMPSON. (THOMPSON, DAVID) (Entered: 08/11/2017)
2017-09-3030MEMORANDUM OPINION AND ORDER: Upon consideration of Plaintiff's motion for summary judgment 18 , 19 and Defendant's motion for summary judgment 20 , it hereby ORDERED that Plaintiff's motion is DENIED; Defendant's motion is GRANTED in part and DENIED in part; and Plaintiff's due process claim is DISMISSED for lack of jurisdiction. See document for details. Signed by Judge Randolph D. Moss on 9/30/2017. (lcrdm) (Entered: 09/30/2017)
2017-10-0331AMENDED MEMORANDUM AND OPINION: Upon consideration of Plaintiff's motion for summary judgment 18 , 19 and Defendant's motion for summary judgment 20 , it hereby ORDERED that Plaintiff's motion is DENIED; Defendant's motion is GRANTED in part and DENIED in part; and Plaintiff's due process claim is DISMISSED for lack of jurisdiction. See document for details. Signed by Judge Randolph D. Moss on 10/3/17. (lcrdm3, ) (Entered: 10/03/2017)
2017-10-11MINUTE ORDER: The Court ORDERS that the parties appear for a status conference on November 14, 2017 at 10:15 a.m., in Courtroom 21. If either party would like to appear telephonically, the party shall contact the Courtroom Deputy Clerk at (202) 354-3084 on or before November 7, 2017. Signed by Judge Randolph D. Moss on 10/11/2017. (lcrdm1, ) (Entered: 10/11/2017)
2017-10-11Set/Reset Hearings: Status Conference set for 11/14/2017 at 10:15 AM in Courtroom 21 before Judge Randolph D. Moss. (dot) (Entered: 10/11/2017)
2017-10-1632WITHDRAWN PURSUANT TO NOTICE FILED 11/1/2017..... MOTION for Reconsideration re 30 Order on Motion for Summary Judgment,,, by DAVID M. THOMPSON (Attachments: # 1 Exhibit)(THOMPSON, DAVID) Modified on 11/2/2017 (znmw). (Entered: 10/16/2017)
2017-10-3033Memorandum in opposition to re 32 MOTION for Reconsideration re 30 Order on Motion for Summary Judgment,,, filed by JEFFERSON B. SESSIONS, III. (Attachments: # 1 Text of Proposed Order)(Kelly, Wynne) (Entered: 10/30/2017)
2017-11-0134NOTICE OF WITHDRAWAL OF MOTION re 32 MOTION for Reconsideration by DAVID M. THOMPSON (THOMPSON, DAVID) Modified event title on 11/2/2017 (znmw). (Entered: 11/01/2017)
2017-11-14Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 11/14/2017. Plaintiff to confer with Defendant to identify the nine documents and to try and reach a resolution. Defendant's opening brief due by 12/15/2017; Plaintiff's opposition and any cross motion due by 1/22/2018; Defendant's reply and opposition to any cross motion due by 2/20/2018; Plaintiff's final reply due by 3/15/2018. (Court Reporter: Jeff Hook.) (kt) (Entered: 11/14/2017)
2017-12-1435Consent MOTION for Extension of Time to File Renewed Motion for Summary Judgment and for Extension of Briefing Schedule by JEFFERSON B. SESSIONS, III (Attachments: # 1 Text of Proposed Order)(Kelly, Wynne) (Entered: 12/14/2017)
2017-12-15MINUTE ORDER: Upon consideration of Defendants' Consent Motion for Extension of the Briefing Schedule 35 , it is hereby ORDERED that the motion is GRANTED. It is hereby ORDERED that (1) Defendants shall file their renewed motion for summary judgment on or before January 16, 2018; (2) Plaintiff shall file his opposition and cross-motion for summary judgment, if any, on or before February 22, 2018; (3) Defendants shall file their reply and opposition to Plaintiff's cross-motion for summary judgment on or before March 20, 2018; and (4) Plaintiff shall file his reply, if any, on or before April 10, 2018. Signed by Judge Randolph D. Moss on 12/15/2017. (lcrdm1, ) (Entered: 12/15/2017)
2017-12-15Set/Reset Deadlines: Defendants shall file their renewed motion for summary judgment on or before 1/16/2018; Plaintiff shall file his opposition and cross-motion for summary judgment, if any, on or before 2/22/2018; Defendants shall file their reply and opposition to Plaintiff's cross-motion for summary judgment on or before 3/20/2018; Plaintiff shall file his reply, if any, on or before 4/10/2018. (kt) (Entered: 12/15/2017)
2018-01-0436TRANSCRIPT OF PROCEEDINGS before Judge Randolph D. Moss held on August 1, 2017. Page Numbers: 1 - 89. Date of Issuance: January 4, 2018. Court Reporter: Jeff Hook. Contact Information: 202-354-3373 / jeff_hook@dcd.uscourts.gov. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purcha sed from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 1/25/2018. Redacted Transcript Deadline set for 2/4/2018. Release of Transcript Restriction set for 4/4/2018.(Hook, Jeff) (Entered: 01/04/2018)
2018-01-1637MOTION for Summary Judgment (Renewed as to Plaintiff's Final Remaining Claim) by JEFFERSON B. SESSIONS, III (Attachments: # 1 Statement of Facts, # 2 Exhibit 1 - Wardzinksi Declaration, # 3 Exhibit 2 - Sim Declaration, # 4 Exhibit 3 - Excerpt from Transcript of Oral Argument, # 5 Exhibit 4 - DOJ FOIA Request Data, # 6 Text of Proposed Order)(Kelly, Wynne) (Entered: 01/16/2018)
2018-01-1738ORDER: It is hereby ORDERED that Plaintiff shall respond to Defendants' Motion for Summary Judgment on or before February 22, 2018. If Plaintiff does not file a response within the time provided, the Court may treat the motion as conceded and enter judgment for Defendants. See document for details. Signed by Judge Randolph D. Moss on 1/17/2018. (lcrdm1, ) (Entered: 01/17/2018)
2018-01-17Set/Reset Deadlines: Plaintiff's Response to Motion for Summary Judgment due by 2/22/2018. (kt) (Entered: 01/17/2018)
2018-02-2139MOTION for Summary Judgment by DAVID M. THOMPSON (Attachments: # 1 PL.'s Facts, # 2 PL.'s brief, # 3 PL.'s Exhs., # 4 PL.'s Opp. Facts, # 5 Proposed Order)(THOMPSON, DAVID) Modified text and event to remove the word "partial" on 5/2/2018 (td). Added MOTION Declaratory and/or Injunctive Relief on FOIA Issue on 5/2/2018 (td). (Entered: 02/21/2018)
2018-03-1440Consent MOTION for Extension of Time to File Response/Reply as to 37 MOTION for Summary Judgment (Renewed as to Plaintiff's Final Remaining Claim) , 39 MOTION for Partial Summary Judgment by JEFFERSON B. SESSIONS, III (Attachments: # 1 Text of Proposed Order)(Kelly, Wynne) (Entered: 03/14/2018)
2018-03-14MINUTE ORDER: Upon consideration of Defendants' Consent Motion for Extension of the Briefing Schedule 40 , it is hereby ORDERED that the motion is GRANTED. Defendants shall file their reply in support of their renewed motion for summary judgment and opposition to Plaintiff's cross-motion on or before April 3, 2018, and Plaintiff shall file his reply in support of his cross-motion on or before May 1, 2018. Signed by Judge Randolph D. Moss on 3/14/2018. (lcrdm1, ) (Entered: 03/14/2018)
2018-03-14Set/Reset Deadlines: Defendants shall file their reply in support of their renewed motion for summary judgment and opposition to Plaintiff's cross-motion on or before 4/3/2018; Plaintiff shall file his reply in support of his cross-motion on or before 5/1/2018. (kt) (Entered: 03/14/2018)
2018-03-23NOTICE of Hearing: Telephone Conference set for 3/23/2018, at 2:00 PM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 03/23/2018)
2018-03-23Minute Entry for proceedings held before Judge Randolph D. Moss: Telephone Conference held on 3/23/2018. Plaintiff is granted leave to include the Sim Declaration issue in his reply brief, as stated on the record. The Rule 45 subpoena, to the extent there is one, should be stricken. (Court Reporter: Jeff Hook.) (kt) (Entered: 03/23/2018)
2018-04-0341Memorandum in opposition to re 39 MOTION for Partial Summary Judgment filed by JEFFERSON B. SESSIONS, III. (Attachments: # 1 Statement of Facts in Opposition to Plaintiff's Statement of Material Facts, # 2 Declaration of Amber Blaha, ENRD, # 3 Declaration of Karen McFadden, JMD, # 4 Text of Proposed Order)(Kelly, Wynne) (Entered: 04/03/2018)
2018-04-0342REPLY to opposition to motion re 37 MOTION for Summary Judgment (Renewed as to Plaintiff's Final Remaining Claim) filed by JEFFERSON B. SESSIONS, III. (Attachments: # 1 Statement of Facts in Reply to Plaintiff's Statement in Opposition, # 2 Declaration of Karen Wardzinski (Re-Filed with Signature Page))(Kelly, Wynne) (Entered: 04/03/2018)
2018-05-0143ENTERED IN ERROR. . . . . MOTION for Summary Judgment by DAVID M. THOMPSON (Attachments: # 1 Exhibit)(THOMPSON, DAVID) Modified on 5/2/2018 (td). (Entered: 05/01/2018)
2018-05-0144REPLY to opposition to motion re 39 MOTION for Summary Judgment MOTION filed by DAVID M. THOMPSON. (Attachments: # 1 Exhibit)(td) (Entered: 05/02/2018)
2018-05-0145Memorandum in opposition to re 37 MOTION for Summary Judgment (Renewed as to Plaintiff's Final Remaining Claim) filed by DAVID M. THOMPSON. (See docket entry no. 44 to view.) (td) (Entered: 05/02/2018)
2018-05-02NOTICE OF CORRECTED DOCKET ENTRY: re 43 MOTION for Summary Judgment was entered in error and said pleading has been refiled as docket entry no. 44 . (td) (Entered: 05/02/2018)
2018-07-1946NOTICE OF SUPPLEMENTAL AUTHORITY by JEFFERSON B. SESSIONS, III (Attachments: # 1 Exhibit 1 - D.C. Circuit Majority Opinion in Judicial Watch v. U.S. Dep't of Homeland Sec.)(Kelly, Wynne) (Entered: 07/19/2018)
2018-08-0347NOTICE of Change of Address by DAVID M. THOMPSON (zsb) (Entered: 08/10/2018)
2018-09-2748MEMORANDUM OPINION granting Defendant's motion for summary judgment 37 , and denying Plaintiff's cross-motion for summary judgment 39 . A separate order will issue. See document for details. Signed by Judge Randolph D. Moss on 9/27/2018. (lcrdm1, ) (Main Document 48 replaced on 9/28/2018) to correct a couple words (kt). (Entered: 09/27/2018)
2018-09-2749ORDER: For the reasons set forth in the Court's Memorandum Opinion 48 , it is hereby ORDERED that the Defendant's motion for summary judgment 37 , is GRANTED, and Plaintiff's cross-motion for summary judgment 39 , is DENIED. The Clerk of the Court is hereby directed to terminate this case. Signed by Judge Randolph D. Moss on 9/27/2018. (lcrdm1, ) (Entered: 09/27/2018)
2018-10-1850BILL OF COSTS by JEFFERSON B. SESSIONS, III. Objection to Bill of Costs due by 11/4/2018. (Attachments: # 1 Itemization of Bill of Costs, # 2 Exhibit 1 - Deposition Transcript Invoice, # 3 Exhibit 2 - Hearing Transcript Invoice, # 4 Declaration by Assistant U.S. Attorney Wynne P. Kelly)(Kelly, Wynne) (Entered: 10/18/2018)
2018-10-2551RESPONSE re 50 BILL OF COSTS by DAVID M. THOMPSON. (THOMPSON, DAVID) Modified on 10/26/2018 to edit event text(zrdj). (Entered: 10/25/2018)
2018-10-3152REPLY re 50 Memorandum and Motion to Re-Tax filed by JEFFERSON B. SESSIONS, III. (Attachments: # 1 Itemization of Bill of Costs and Re-Tax of Single Cost, # 2 Exhibit 3 - Electronic Copy of Invoice of Transcript of Plaintiff's Deposition, # 3 Declaration of Assistant U.S. Attorney Wynne P. Kelly)(Kelly, Wynne) Modified on 11/5/2018 linkage (ztd). (Main Document 52 replaced on 11/6/2018) (ztd). (Attachment 1 replaced on 11/6/2018) (ztd). (Entered: 10/31/2018)
2018-11-1353RESPONSE re: 50 filed by DAVID M. THOMPSON. (THOMPSON, DAVID) Modified to add linkage on 11/14/2018 (ztd). (Entered: 11/13/2018)
2018-11-1554NOTICE OF APPEAL TO DC CIRCUIT COURT by DAVID M. THOMPSON. Filing fee $ 505, receipt number 0090-5793200. Fee Status: Fee Paid. Parties have been notified. (THOMPSON, DAVID) (Entered: 11/15/2018)
2018-11-1555Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date 11/15/18 re 54 Notice of Appeal to DC Circuit Court. (ztd) (Entered: 11/15/2018)
2018-11-1556Supplemental Record on Appeal transmitted 31 Amended Memorandum and Opinion to US Court of Appeals re 54 Notice of Appeal to DC Circuit Court ; (ztd) (Main Document 56 replaced on 11/15/2018) (ztd). (Entered: 11/15/2018)
2018-11-19USCA Case Number 18-5332 for 54 Notice of Appeal to DC Circuit Court filed by DAVID M. THOMPSON. (zrdj) (Entered: 11/19/2018)
2018-12-06MINUTE ORDER: In light of Plaintiffs Notice of Appeal, Dkt. 54 , it is hereby ORDERED that consideration of Defendants Bill of Costs, Dkt. 50 , Plaintiffs Opposition, Dkt. 51 , and Defendants Reply and Motion to Re-Tax, Dkt. 52 , are STAYED pending disposition of the appeal in this matter. It is further ORDERED that within 7 days of a decision by the U.S. Court of Appeals for the District of Columbia Circuit, the parties shall file a joint status report apprising the Court of any matters remaining for resolution. Local Rule 54.1(a) permits a prevailing party to serve and file a bill of costs that the party seeks to have taxed within 21 days after entry of judgment terminating the case as to the party seeking costs. LCvR 54.1(a). Any costs are not taxed by the Clerk of the Court, however, until after the judgment has become final. LCvR 54.1(c). For such purposes, a judgment is final when the time for appeal has expired and no appeal has been taken, or when the court of appeals issues its mandate. LCvR 54.1(c). After the Clerk of the Court has taxed costs, the parties may then, as appropriate, file a motion retax in accordance with Rule 54(d) of the Federal Rules of Civil Procedure. LCvR 54.1(e); Fed. R. Civ. P. 54(d). Signed by Judge Randolph D. Moss on 12/6/2018. (lcrdm1, ) (Entered: 12/06/2018)
2019-10-2157MANDATE of USCA as to 54 Notice of Appeal to DC Circuit Court filed by DAVID M. THOMPSON ; USCA Case Number 18-5332. (Attachments: # 1 USCA Order)(zrdj) (Entered: 10/29/2019)
2019-10-2958NOTICE OF SUBSTITUTION OF COUNSEL by Brian J. Field on behalf of All Defendants Substituting for attorney Wynne Kelly (Field, Brian) (Entered: 10/29/2019)
2019-11-0659Joint STATUS REPORT by JEFFERSON B. SESSIONS, III. (Field, Brian) (Entered: 11/06/2019)
2019-11-0760NOTICE of Withdrawal by JEFFERSON B. SESSIONS, III re 52 Reply to Document, 50 Bill of Costs, (Field, Brian) (Entered: 11/07/2019)
2019-11-26MINUTE ORDER: In light of Defendants' notice of withdrawal of their bill of costs, Dkt. 60 , and the parties' joint status report, Dkt. 59 , the Court concludes that there are no issues remaining for resolution following the issuance of the D.C. Circuit's mandate on October 21, 2019. Signed by Judge Randolph D. Moss on 11/26/19. (lcrdm1) Modified on 11/27/2019 to remove language directing clerk to terminate case, since case is already closed(kt). (Entered: 11/26/2019)
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