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Case TitleLOUISE TRAUMA CENTER LLC v. UNITED STATES DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv02287
Date Filed2022-08-03
Date ClosedOpen
JudgeMagistrate Judge Matthew J. Sharbaugh
PlaintiffLOUISE TRAUMA CENTER LLC
Case DescriptionThe Louise Trauma Center submitted two FOIA requests to the Department of Justice for records concerning money paid to Brian Fitzpatrick for the research and preparation of the Fitzpatrick Matrix. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, the Louise Trauma Center filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-08-031COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE ( Filing fee $ 402 receipt number ADCDC-9414976) filed by LOUISE TRAUMA CENTER LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Cleveland, David) (Entered: 08/03/2022)
2022-08-03Case Assigned to Judge Randolph D. Moss. (zsb) (Entered: 08/03/2022)
2022-08-032STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 08/03/2022. (lcrdm3) (Entered: 08/03/2022)
2022-08-053REQUEST FOR SUMMONS TO ISSUE re 1 Complaint, filed by LOUISE TRAUMA CENTER LLC. Related document: 1 Complaint, filed by LOUISE TRAUMA CENTER LLC.(Cleveland, David) (Entered: 08/05/2022)
2022-08-054SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmrl) (Entered: 08/05/2022)
2022-08-105RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/10/2022. Answer due for ALL FEDERAL DEFENDANTS by 9/9/2022. (Cleveland, David) (Entered: 08/10/2022)
2022-08-126RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/12/2022. (Attachments: # 1 Exhibit)(Cleveland, David) (Entered: 08/12/2022)
2022-08-167RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 8/15/2022 (Attachments: # 1 Exhibit)(Cleveland, David) (Entered: 08/16/2022)
2022-08-308NOTICE of Appearance by Robert Aaron Caplen on behalf of UNITED STATES DEPARTMENT OF JUSTICE (Caplen, Robert) (Entered: 08/30/2022)
2022-08-309Consent MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Caplen, Robert) (Entered: 08/30/2022)
2022-08-31MINUTE ORDER: Upon consideration of Defendant's consent motion for extension of time, Dkt. 9 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Defendant shall file a responsive pleading on or before October 27, 2022. Signed by Judge Randolph D. Moss on 08/31/2022. (lcrdm3) (Entered: 08/31/2022)
2022-10-2410Consent MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Caplen, Robert) (Entered: 10/24/2022)
2022-10-24MINUTE ORDER: Upon consideration of Defendant's consent motion for extension of time, Dkt. 10 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Defendant shall file a responsive pleading on or before November 3, 2022. Signed by Judge Randolph D. Moss on 10/24/2022. (lcrdm3) (Entered: 10/24/2022)
2022-11-0311ANSWER to Complaint by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Caplen, Robert) (Entered: 11/03/2022)
2022-11-03MINUTE ORDER: It is ORDERED that, on or before December 7, 2022, the parties shall confer and file a joint status report addressing (1) any documents still to be produced pursuant to FOIA; (2) an anticipated schedule for processing and producing any such documents; and (3) any substantive areas of disagreement between the parties. It is further ORDERED that the parties shall appear by video for an Initial Scheduling Conference on December 14, 2022, at 10:00 a.m., before Judge Randolph D. Moss. Signed by Judge Randolph D. Moss on 11/3/2022. (lcrdm3) (Entered: 11/03/2022)
2022-12-0712Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Caplen, Robert) (Entered: 12/07/2022)
2022-12-14Minute Entry for proceedings held before Judge Randolph D. Moss: Video (Zoom) Initial Scheduling Conference held on 12/14/2022. For the reasons stated on the record, count two of the complaint is dismissed; As to count one, Defendant shall process 500 pages per month; As to count 4, Defendant shall produce the documents at issue on or before 2/10/2023. The parties shall file a Joint Status Report by 3/3/2023 to address all remaining issues. (Court Reporter: Jeff Hook.) (kt) (Entered: 12/14/2022)
2023-02-0113NOTICE OF SUBSTITUTION OF COUNSEL by Brian J. Levy on behalf of UNITED STATES DEPARTMENT OF JUSTICE Substituting for attorney Robert A. Caplen (Levy, Brian) (Entered: 02/01/2023)
2023-03-0314Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Levy, Brian) (Entered: 03/03/2023)
2023-03-03MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 14 , it is hereby ORDERED that the parties shall file a further joint status report on or before May 5, 2023. Signed by Judge Randolph D. Moss on 3/3/2023.(lcrdm3) (Entered: 03/03/2023)
2023-05-0315Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order Defendant's Proposed Order, # 2 Text of Proposed Order Plaintiff's Proposed Order)(Levy, Brian) (Entered: 05/03/2023)
2023-05-03MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 15 , it is hereby ORDERED that the parties shall file a further joint status report on or before May 31, 2023. To the extent that Plaintiff wishes to file a motion for summary judgment, Plaintiff shall refer to the procedures for doing so as set forth in the Court's Standing Order, Dkt. 2 at 4. Signed by Judge Randolph D. Moss on 5/3/2023. (lcrdm3) (Entered: 05/03/2023)
2023-05-3016STATUS REPORT by LOUISE TRAUMA CENTER LLC. (Cleveland, David) (Entered: 05/30/2023)
2023-05-3117STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Levy, Brian) (Entered: 05/31/2023)
2023-06-15MINUTE ORDER: Upon consideration of the parties' status reports, Dkt. 16 , Dkt. 17 , it is hereby ORDERED that the parties shall, after meeting and conferring, file a further joint status report on or before June 30, 2023. Signed by Judge Randolph D. Moss on 6/15/2023. (lcrdm3) (Entered: 06/15/2023)
2023-06-3018Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order Plaintiff's Proposed Order, # 2 Text of Proposed Order Defendant's Proposed Order)(Levy, Brian) (Entered: 06/30/2023)
2023-07-02MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 18 , it is hereby ORDERED that the parties shall file a further joint status report on or before July 31, 2023. If the government has not yet completed its re-review by then, the government shall, in its joint status report, detail (1) precisely what steps it has taken; (2) what steps, if any remain; and (3) a firm date by which its re-review will be completed. Signed by Judge Randolph D. Moss on 7/2/2023. (lcrdm3) (Entered: 07/02/2023)
2023-07-3119Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order Plaintiff's [Proposed] Order, # 2 Text of Proposed Order Defendant's [Proposed] Order)(Levy, Brian) (Entered: 07/31/2023)
2023-08-02MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 19 , it is hereby ORDERED that the parties shall submit a further joint status report on or before September 1, 2023. The status report should describe any outstanding issues and propose a briefing schedule for summary judgment, if any such issues remain. Signed by Judge Randolph D. Moss on 08/02/2023. (lcrdm3) (Entered: 08/02/2023)
2023-09-0120Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order Defendant's Proposed Order, # 2 Text of Proposed Order Plaintiff's Proposed Order)(Levy, Brian) (Entered: 09/01/2023)
2023-09-04MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 20 , it is hereby ORDERED that: (1) Defendant shall submit a draft Vaughn index and search declaration to Plaintiff on or before October 24, 2023; (2) Defendant shall file its pre-motion statement with the Court on or before October 24, 2023; and (3) Plaintiff shall file its pre-motion statement with the Court on or before October 31, 2023. Signed by Judge Randolph D. Moss on 09/04/2023. (lcrdm3) (Entered: 09/04/2023)
2023-10-2421MOTION to Modify Briefing Schedule by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Levy, Brian) (Entered: 10/24/2023)
2023-10-2422NOTICE Pre-Motion Statement by UNITED STATES DEPARTMENT OF JUSTICE (Levy, Brian) (Entered: 10/24/2023)
2023-10-26MINUTE ORDER: Upon consideration of Defendant's motion to modify the briefing schedule, Dkt. 21 , it is hereby ORDERED that: (1) Defendant shall submit a draft Vaughn index and search declaration to Plaintiff on or before October 31, 2023, and (2) Plaintiff shall file its pre-motion statement with the Court on or before November 7, 2023. Signed by Judge Randolph D. Moss on 10/26/2023. (lcrdm3) (Entered: 10/26/2023)
2023-11-0523NOTICE of Pre Motion Statement filed by LOUISE TRAUMA CENTER LLC. (Cleveland, David) Modified on 11/7/2023 to correct event/docket text (zjm). (Entered: 11/05/2023)
2023-11-07MINUTE ORDER: In light of section 10(a) of the Court's Standing Order, see Dkt. 2 at 4, the Court finds that a pre-motion conference is appropriate. Accordingly, it is hereby ORDERED that the parties shall appear on November 29, 2023, at 2:00 p.m., in Courtroom 8. Signed by Judge Randolph D. Moss on 11/7/20. (lcrdm3) (Entered: 11/07/2023)
2023-11-1324MOTION to Vacate and Reschedule Hearing by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Levy, Brian) (Entered: 11/13/2023)
2023-11-14MINUTE ORDER: Upon consideration of Defendant's motion to reschedule, Dkt. 24 , it is hereby ORDERED that the motions hearing scheduled for November 29, 2023, is VACATED. The Court will reschedule the hearing once the parties have conferred with the Court's deputy clerk regarding their availability. Signed by Judge Randolph D. Moss on 11/14/2023. (lcrdm3) (Entered: 11/14/2023)
2023-11-27NOTICE of Hearing:Pre-Motion Conference set for 12/19/2023 at 10:00 AM in Courtroom 8- In Person before Judge Randolph D. Moss.(zglw) (Entered: 11/27/2023)
2023-12-11MINUTE ORDER: In light of a scheduling conflict, the pre-motion conference currently scheduled for December 19, 2023 is hereby VACATED. The Court will reschedule the hearing once the parties have conferred with the Court's deputy clerk regarding their availability. Signed by Judge Randolph D. Moss on 12/11/2023. (lcrdm3) (Entered: 12/11/2023)
2023-12-18Set/Reset Hearings: Pre-motion Conference set for 2/1/2024 at 03:00 PM in Courtroom 8- In Person before Judge Randolph D. Moss. (zglw) (Entered: 12/18/2023)
2024-02-01Minute Entry for proceedings held before Judge Randolph D. Moss: Pre-motion Conference held on 2/1/2024. Defendant to file Motion by 3/14/2024. Plaintiff's Response/Cross Motion due by 3/21/2024. Defendant's reply due by 4/11/2024 and Plaintiff's final reply due by 4/18/2024. (Court Reporter Tammi Sefranek) (zglw) (Entered: 02/01/2024)
2024-03-1125MOTION to Modify the Briefing Schedule by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Levy, Brian) (Entered: 03/11/2024)
2024-03-13MINUTE ORDER: Upon consideration of Defendant's motion to modify briefing schedule, Dkt. 25 , it is hereby ORDERED that Plaintiff shall indicate whether or not it opposes the motion on or before March 14, 2024 at 12:00 p.m. Signed by Judge Randolph D. Moss on 3/13/2024. (lcrdm3) (Entered: 03/13/2024)
2024-03-1326RESPONSE re 25 MOTION to Modify the Briefing Schedule filed by LOUISE TRAUMA CENTER LLC. (Cleveland, David) (Entered: 03/13/2024)
2024-03-14MINUTE ORDER: Upon consideration of Defendant's motion to modify the briefing schedule, Dkt. 25 , and Plaintiff's response thereto, Dkt. 26 , indicating that it partially consents to the requested extension, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that: (1) Defendant's motion for summary judgment shall be filed on or before March 28; (2) Plaintiff's opposition and cross-motion for summary judgment shall be filed on or before April 4; (3) Defendant's reply in support of its motion for summary judgment and opposition to Plaintiff's motion shall be filed on or before April 25; and (4) Plaintiff's reply in support of its cross-motion shall be due on or before May 2. Signed by Judge Randolph D. Moss on 3/14/2024. (lcrdm3) (Entered: 03/14/2024)
2024-03-2827MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration, # 2 Exhibit Vaughn Index, # 3 Exhibit Exhibits to Declaration, # 4 Text of Proposed Order)(Levy, Brian) Modified on 4/1/2024 to edit docket text at the request of counsel (zjm). (Entered: 03/28/2024)
2024-04-0128ERRATA by UNITED STATES DEPARTMENT OF JUSTICE re 27 Motion for Summary Judgment,. (Attachments: # 1 Statement of Facts)(Levy, Brian) (Entered: 04/01/2024)
2024-04-0129ENTERED IN ERROR.....Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Levy, Brian) Modified on 4/1/2024 at the request of counsel. Will be refiled in correct case. (zjm). (Entered: 04/01/2024)
2024-04-0430RESPONSE re 27 Consent MOTION for Summary Judgment filed by LOUISE TRAUMA CENTER LLC. (Cleveland, David) (Entered: 04/04/2024)
2024-04-12MINUTE ORDER: On March 28, 2024, Defendant moved for summary judgment on the ground that it had discharged its obligation under the Freedom of Information Act ("FOIA"). Dkt. 27. In its motion, Defendant explains that the sole issue before the Court is "the propriety of the partial redactions on twelve pages of a single fifty-six-page PowerPoint presentation under FOIA Exemption 5." Id. at 5. FOIA Exemption 5 applies to "inter-agency or intra-agency memorandums or letters that would not be available by law to a party other than an agency in litigation with the agency[.]" 5 U.S.C. 552(b)(5). Defendant submits that the redactions at issue are proper under Exemption 5 because the information is both attorney work product and attorney-client privileged. Dkt. 27 at 9-15. Defendant further submits that all segregable information has been released. Id. at 16. In response, Plaintiff filed a "non-opposition," stating that it "does not oppose the Department of Justice's Motion for Summary Judgment," that it will not fill a cross-motion, and that "this case is settled, except for an award of fees and costs." Dkt. 30 at 1. Based on Plaintiff's representation that it is not disputing the adequacy of the production received and that the only remaining dispute, if any, concerns fees, the Court concludes that no live controversy remains concerning Plaintiff's FOIA claim and hereby DISMISSES the complaint as MOOT. See Crooker v. U.S. State Dep't , 628 F.2d 9, 10 (D.C. Cir. 1980) ("Once the records are produced the substance of the controversy disappears and becomes moot since the disclosure which the suit seeks has already been made."). If the parties are unable to reach a resolution with respect to the issue of attorneys fees, it is hereby ORDERED that Plaintiff's motion shall be filed on or before April 18, 2024. Signed by Judge Randolph D. Moss on 4/12/2024. (lcrdm3) (Entered: 04/12/2024)
2024-04-1731MOTION for Attorney Fees by LOUISE TRAUMA CENTER LLC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Cleveland, David) (Entered: 04/17/2024)
2024-04-2432MOTION for Extension of Time to File Response/Reply as to 31 MOTION for Attorney Fees by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Levy, Brian) (Entered: 04/24/2024)
2024-04-25MINUTE ORDER: Upon consideration of Defendant's motion to extend time, Dkt. 32 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Defendant's response to Plaintiff's motion for attorney's fees, Dkt. 31 , shall be filed on or before May 21, 2024. Signed by Judge Randolph D. Moss on 4/25/2024. (lcrdm3) (Entered: 04/25/2024)
2024-05-0633TRANSCRIPT OF VIDEO INITIAL SCHEDULING CONFERENCE before Judge Randolph D. Moss held on December 14, 2022. Page Numbers: 1 - 11. Date of Issuance: May 6, 2024. Court Reporter: 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 5/27/2024. Redacted Transcript Deadline set for 6/6/2024. Release of Transcript Restriction set for 8/4/2024.(Hook, Jeff) (Entered: 05/06/2024)
2024-05-1734MOTION for Extension of Time to File Response/Reply as to 31 MOTION for Attorney Fees by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Levy, Brian) (Entered: 05/17/2024)
2024-05-1935RESPONSE re 34 MOTION for Extension of Time to File Response/Reply as to 31 MOTION for Attorney Fees filed by LOUISE TRAUMA CENTER LLC. (Cleveland, David) (Entered: 05/19/2024)
2024-05-20MINUTE ORDER: Upon consideration of Defendant's second motion to extend time, Dkt. 34 , which Plaintiff partially opposes, Dkt. 35 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Defendant's response to Plaintiff's motion for attorney's fees, Dkt. 31 , shall be filed on or before June 4, 2024. Signed by Judge Randolph D. Moss on 05/20/2024. (lcrdm3) (Entered: 05/20/2024)
2024-05-2036REPLY to opposition to motion re 34 MOTION for Extension of Time to File Response/Reply as to 31 MOTION for Attorney Fees filed by UNITED STATES DEPARTMENT OF JUSTICE. (Levy, Brian) (Entered: 05/20/2024)
2024-06-0437Memorandum in opposition to re 31 Motion for Attorney Fees filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A - Fees Chart, # 2 Exhibit B - LTC FOIA Website, # 3 Exhibit C - LTC Atty Fees Website, # 4 Exhibit D - ILW.com Article, # 5 Exhibit E - LinkedIn Profile, # 6 Text of Proposed Order)(Levy, Brian) (Entered: 06/04/2024)
2024-06-1038REPLY to opposition to motion re 31 MOTION for Attorney Fees filed by LOUISE TRAUMA CENTER LLC. (Attachments: # 1 Exhibit, # 2 Exhibit)(Cleveland, David) (Entered: 06/10/2024)
2024-07-0139NOTICE OF SUPPLEMENTAL AUTHORITY by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Exhibit)(Levy, Brian) (Entered: 07/01/2024)
2024-09-1840NOTICE OF SUPPLEMENTAL AUTHORITY by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Exhibit)(Levy, Brian) (Entered: 09/18/2024)
2024-10-17ORDER REFERRING MOTION: In light of Plaintiff's motion for attorney's fees, Dkt. 31 , it is hereby ORDERED that this case is referred to a Magistrate Judge, to be assigned at random by the Clerk's Office, for purposes of issuing a Report and Recommendation on the matter. The Magistrate Judge may, in aid of issuing the Report and Recommendation, exercise relevant case management functions, including making any necessary modifications to the briefing schedule or issuing other scheduling orders. Signed by Judge Randolph D. Moss on 10/17/2024. (lcrdm3) (Entered: 10/17/2024)
2024-10-17CASE RANDOMLY REFERRED to Magistrate Judge Moxila A. Upadhyaya for Report and Recommendation. (zmtm) (Entered: 10/29/2024)
2024-11-2041Amended MOTION for Attorney Fees by LOUISE TRAUMA CENTER LLC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Cleveland, David) (Entered: 11/20/2024)
2024-12-0442Memorandum in opposition to re 41 Motion for Attorney Fees (Plaintiff's motion for leave to file a surreply) filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Levy, Brian) (Entered: 12/04/2024)
2024-12-0843MOTION for Leave to File Reduced Motion by LOUISE TRAUMA CENTER LLC. (Cleveland, David) (Entered: 12/08/2024)
2024-12-0844REPLY to opposition to motion re 41 Motion for Attorney Fees filed by LOUISE TRAUMA CENTER LLC. (Cleveland, David) (Entered: 12/08/2024)
2024-12-2045Memorandum in opposition to re 43 Motion for Leave to File filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Levy, Brian) (Entered: 12/20/2024)
2025-01-31CASE DIRECTLY REFERRED to Magistrate Judge Matthew J. Sharbaugh for Report and Recommendation. (ztnr) (Entered: 01/31/2025)
2025-03-0746NOTICE OF SUPPLEMENTAL AUTHORITY by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Exhibit)(Levy, Brian) (Entered: 03/07/2025)
2025-03-27MINUTE ORDER: The Court referred Plaintiff's motion for attorney fees, Dkt. 31 , to a Magistrate Judge for a report and recommendation, but Plaintiff now seeks to withdraw that motion and to file an "amended motion" for reduced fees, Dkt. 41 ; Dkt. 43 (motion for leave to file reduced motion). Upon consideration of Plaintiff's motion for leave to file an amended motion, Dkt. 43 , and Defendant 's response, it is hereby ORDERED that Plaintiff's motion is GRANTED. Plaintiff's amended motion for attorney fees, Dkt. 41 , is DEEMED FILED and Plaintiff's original motion, Dkt. 31 , is DENIED as MOOT. It is further ORDERED that Plaintiff's amended motion, Dkt. 41 , is REFERRED to Magistrate Judge Sharbaugh for a Report and Recommendation, who was previously assigned this matter at random. The Magistrate Judge may, in aid of issuing the Report and Recommendation, exercise relevant case management functions, including making any necessary modifications to the briefing schedule or issuing other scheduling orders. It is further ORDERED that Defendant's opposition to Plaintiff's original motion for attorney fees, Dkt. 37 , shall be deemed the opposition to Plaintiff's amended motion. Defendant may file a supplemental response to Plaintiff's amended motion if necessary, subject to the Magistrate Judge's scheduling and case management discretion. Finally, the Court notes that, if Plaintiff otherwise qualifies for an award of fees (and the Court expresses no opinion at this time on that question), Plaintiff may not recover fees relating to any supplemental briefing in support of its fees request. Signed by Judge Randolph D. Moss on 3/27/2025. (lcrdm3) (Entered: 03/27/2025)
2025-03-27ORDER REFERRING MOTION: 41 Amended MOTION for Attorney Fees filed by LOUISE TRAUMA CENTER LLC. Signed by Judge Randolph D. Moss on 3/27/2025. (lcrdm3) (Entered: 03/27/2025)
2025-03-28MINUTE ORDER: In keeping with the Court's March 27, 2025 Minute Order, to the extent Defendant wishes to file any supplemental response to Plaintiff's amended motion, it shall do so within 21 days. Further, the parties are reminded that, pursuant to Local Civil Rule 73.1, they may consent to the assignment of this action to a Magistrate Judge for all purposes. Should the parties wish to do so, they should file a written notice using the Court's preferred form available here: Notice of Consent . The parties are free to withhold consent without adverse substantive consequences. Signed by Magistrate Judge Matthew J. Sharbaugh on 03/28/2025. (lcjc) (Entered: 03/28/2025)
2025-04-0147Consent to Proceed before US Magistrate Judge for All Purposes by UNITED STATES DEPARTMENT OF JUSTICE.. (Levy, Brian) (Entered: 04/01/2025)
2025-04-0148ORDER REFERRING CASE for all purposes: This case is referred to Magistrate Judge Sharbaugh to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73. Signed by Judge Randolph D. Moss on 4/1/2025. (lcrdm3) (Entered: 04/01/2025)
2025-04-01CASE DIRECTLY REFERRED to Magistrate Judge Matthew J. Sharbaugh for all purposes. (zmtm) (Entered: 04/02/2025)
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