| Date Filed | Doc # | Docket Text |
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| 2023-04-21 | 1 | COMPLAINT against U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 402 receipt number ADCDC-10016529) filed by MID-ATLANTIC INNOCENCE PROJECT. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Summons, # 4 Summons, # 5 Summons)(Gutman, Jeffrey) (Entered: 04/21/2023) |
| 2023-04-21 | | Case Assigned to Judge Randolph D. Moss. (zcb) (Entered: 04/21/2023) |
| 2023-04-21 | 2 | SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zcb) (Entered: 04/21/2023) |
| 2023-04-21 | 3 | STANDING 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 4/21/2023. (lcrdm1) (Entered: 04/21/2023) |
| 2023-05-08 | 4 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General May 1, 2023. (Gutman, Jeffrey) (Main Document 4 flattened and replaced on 5/9/2023.) (ztnr) (Entered: 05/08/2023) |
| 2023-05-08 | 5 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/2/2023. Answer due for ALL FEDERAL DEFENDANTS by 6/1/2023. (Gutman, Jeffrey) (Main Document 5 flattened and replaced on 5/9/2023.) (ztnr) (Entered: 05/08/2023) |
| 2023-05-08 | 6 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 5/1/2023 (Gutman, Jeffrey) (Main Document 6 flattened and replaced on 5/9/2023.) (ztnr) (Entered: 05/08/2023) |
| 2023-05-17 | 7 | NOTICE of Appearance by Kenneth A. Adebonojo on behalf of U.S. DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 05/17/2023) |
| 2023-05-22 | 8 | MOTION for Extension of Time to Respond (with Partial Consent) by U.S. DEPARTMENT OF JUSTICE. (Adebonojo, Kenneth) (Entered: 05/22/2023) |
| 2023-05-23 | | MINUTE ORDER: Upon consideration of Defendant's motion for extension of time to respond to the complaint, Dkt. 8 , it is hereby ORDERED that the motion is GRANTED. Defendant shall respond to the complaint on or before June 22, 2023. No further extensions shall be granted absent exceptional circumstances. Signed by Judge Randolph D. Moss on 5/23/2023. (lcrdm1) (Entered: 05/23/2023) |
| 2023-06-22 | 9 | ANSWER to Complaint by U.S. DEPARTMENT OF JUSTICE.(Adebonojo, Kenneth) (Entered: 06/22/2023) |
| 2023-06-23 | | MINUTE ORDER: It is ORDERED that, on or before July 26, 2023, 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 to be held via Zoom on August 3, 2023, at 10:00 a.m. Signed by Judge Randolph D. Moss on 6/23/2023. (lcrdm1) (Entered: 06/23/2023) |
| 2023-07-26 | 10 | Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Adebonojo, Kenneth) (Entered: 07/26/2023) |
| 2023-07-27 | | MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 10 , it is hereby ORDERED that the parties shall file a further joint status report on or before September 8, 2023. It is further ORDERED that the Initial Scheduling Conference previously scheduled for August 3, 2023, at 10:00 a.m. via Zoom is hereby VACATED. Signed by Judge Randolph D. Moss on 7/27/2023. (lcrdm1) (Entered: 07/27/2023) |
| 2023-09-08 | 11 | Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Adebonojo, Kenneth) (Entered: 09/08/2023) |
| 2023-09-09 | | MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 11 , it is hereby ORDERED that the parties file a further joint status report on or before October 27, 2023. Signed by Judge Randolph D. Moss on 9/9/2023. (lcrdm1) (Entered: 09/09/2023) |
| 2023-10-27 | 12 | Joint STATUS REPORT by MID-ATLANTIC INNOCENCE PROJECT. (Gutman, Jeffrey) (Entered: 10/27/2023) |
| 2023-10-27 | | MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 12 , it is hereby ORDERED that the parties file a further joint status report on or before December 15, 2023. Signed by Judge Randolph D. Moss on 10/27/2023. (lcrdm1) (Entered: 10/27/2023) |
| 2023-12-15 | 13 | STATUS REPORT by MID-ATLANTIC INNOCENCE PROJECT. (Gutman, Jeffrey) (Entered: 12/15/2023) |
| 2023-12-15 | 14 | STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Adebonojo, Kenneth) (Entered: 12/15/2023) |
| 2023-12-16 | | MINUTE ORDER: Upon consideration of the Plaintiff's status report, Dkt. 13 , and the Defendant's status report, Dkt. 14 , the parties are hereby ORDERED to file a joint status report on or before January 31, 2024, addressing the parties' respective positions on whether a briefing schedule for dispositive motions is an appropriate next step. Signed by Judge Randolph D. Moss on 12/16/2023. (lcrdm1) (Entered: 12/16/2023) |
| 2024-01-31 | 15 | Joint STATUS REPORT by MID-ATLANTIC INNOCENCE PROJECT. (Gutman, Jeffrey) (Entered: 01/31/2024) |
| 2024-01-31 | | MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 15 , it is hereby ORDERED that the parties submit a further joint status report on or before February 29, 2024. Signed by Judge Randolph D. Moss on 1/31/2024. (lcrdm1) (Entered: 01/31/2024) |
| 2024-02-21 | 16 | MOTION for Leave to Appear Law Student Certification by MID-ATLANTIC INNOCENCE PROJECT. (Gutman, Jeffrey) (Entered: 02/21/2024) |
| 2024-02-22 | 17 | MINUTE ORDER: Upon consideration of Plaintiff's Motion for Leave to Appear Law Student Certification, Dkt. 16 , it is hereby ORDERED that the motion is GRANTED. See document for details. Signed by Judge Randolph D. Moss on 2/22/2024. (lcrdm1) (Entered: 02/22/2024) |
| 2024-02-29 | 18 | Joint STATUS REPORT by MID-ATLANTIC INNOCENCE PROJECT. (Gutman, Jeffrey) (Entered: 02/29/2024) |
| 2024-03-04 | | MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 18 , it is hereby ORDERED that Defendant will provide search declarations and Vaughn indices, if any, to Plaintiff on or before March 27, 2024. It is further ORDERED that a pre-motion conference is scheduled for April 4, 2024 at 11:00 a.m. in Courtroom 8. In advance of that hearing, the Defendant will file its pre-motion statement on or before March 27, 2024; Plaintiff will file its response on or before April 3, 2024. Signed by Judge Randolph D. Moss on 3/4/2024. (lcrdm1) (Entered: 03/04/2024) |
| 2024-03-27 | 19 | MOTION for Extension of Time to File Defendant's Pre-Motion Statement by U.S. DEPARTMENT OF JUSTICE. (Adebonojo, Kenneth) (Entered: 03/27/2024) |
| 2024-03-28 | | MINUTE ORDER: In light of Defendant's motion to extend time, Dkt. 17 , it is hereby ORDERED that Plaintiff respond to the motion on or before March 29, 2024. Signed by Judge Randolph D. Moss on 3/28/2024. (lcrdm1) (Entered: 03/28/2024) |
| 2024-03-29 | 20 | RESPONSE re 19 MOTION for Extension of Time to File Defendant's Pre-Motion Statement filed by MID-ATLANTIC INNOCENCE PROJECT. (Gutman, Jeffrey) (Entered: 03/29/2024) |
| 2024-04-01 | | MINUTE ORDER: Upon consideration of Defendant's motion to extend time, Dkt. 19 , and Plaintiff's response, Dkt. 20 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Defendant will provide search declarations and Vaughn indices prepared as of March 27, 2024 to Plaintiff on or before April 5, 2024. See Dkt. 19 at 3 ("EOUSA is prepared to provide a Vaughn index for the records that have been processed so far."). Defendant shall provide additional search declarations and Vaughn indices for the recently identified additional materials to Plaintiff on or before June 28, 2024. In addition, it is further ORDERED that the pre-motion conference scheduled for April 4, 2024 is VACATED and RESCHEDULED to July 26, 2024 at 9:30 a.m. in Courtroom 8. In advance of that hearing, the Defendant will file its pre-motion statement on or before July 5, 2024; Plaintiff will file its response on or before July 19, 2024. Signed by Judge Randolph D. Moss on 4/1/2024. (lcrdm1) (Entered: 04/01/2024) |
| 2024-06-20 | 21 | MOTION to Amend/Correct 1 Complaint, by MID-ATLANTIC INNOCENCE PROJECT. (Attachments: # 1 Memorandum in Support, # 2 Redlined Complaint, # 3 Clean Complaint, # 4 Exhibit A, # 5 Exhibit B, # 6 Text of Proposed Order)(Gutman, Jeffrey) (Entered: 06/20/2024) |
| 2024-07-05 | 22 | MOTION for Extension of Time to File Defendant's Opposition to Plaintiff's Motion to Amend/Correct (with partial consent) by U.S. DEPARTMENT OF JUSTICE. (Adebonojo, Kenneth) (Entered: 07/05/2024) |
| 2024-07-06 | | MINUTE ORDER: Upon consideration of Defendant's motion to extend time, Dkt. 22 , it is hereby ORDERED that the motion is GRANTED in part and DENIED in part. It is further ORDERED that Defendant shall respond to Plaintiff's motion to amend its complaint on or before July 12, 2024. Signed by Judge Randolph D. Moss on 7/6/2024. (lcrdm1) (Entered: 07/06/2024) |
| 2024-07-12 | 23 | MEMORANDUM by MID-ATLANTIC INNOCENCE PROJECT. (Gutman, Jeffrey) (Entered: 07/12/2024) |
| 2024-07-17 | 24 | MEMORANDUM re Order on Motion for Extension of Time to,, Set/Reset Deadlines, by MID-ATLANTIC INNOCENCE PROJECT. (Gutman, Jeffrey) (Entered: 07/17/2024) |
| 2024-07-21 | | MINUTE ORDER: On June 20, 2024, Plaintiff moved for leave to amend its complaint, Dkt. 21. On July 5, 2024, Defendant moved for leave to extend the time to respond to that motion, which the Court granted and ordered Defendant to respond to the motion on or before July 12, 2024. See Min. Order (July 6, 2024). To date, Defendant has failed to opposed Plaintiff's motion for leave to amend. Accordingly, the Court deems the motion conceded. It is hereby ORDERED that Plaintiff's motion for leave to amend its complaint, Dkt. 21, is GRANTED. Plaintiff is hereby ORDERED to file its amended complaint on the docket. In addition, it is further ORDERED that the pre-motion conference scheduled for July 26, 2024 is VACATED and RESCHEDULED to August 22, 2024 at 9:30 a.m. in Courtroom 8. In advance of that hearing, the Defendant will file its pre-motion statement on or before August 8, 2024; Plaintiff will file its response on or before August 15, 2024. Signed by Judge Randolph D. Moss on 7/21/2024. (lcrdm1) (Entered: 07/21/2024) |
| 2024-07-22 | 25 | AMENDED COMPLAINT against U.S. DEPARTMENT OF JUSTICE filed by MID-ATLANTIC INNOCENCE PROJECT.(Gutman, Jeffrey) (Entered: 07/22/2024) |
| 2024-07-24 | 26 | Consent MOTION for Extension of Time to File Pre-Motion Briefs and Pre-Motion Hearing by MID-ATLANTIC INNOCENCE PROJECT. (Attachments: # 1 Text of Proposed Order)(Gutman, Jeffrey) (Entered: 07/24/2024) |
| 2024-07-24 | | MINUTE ORDER: Upon consideration of Plaintiff's consent motion to extend time, Dkt. 26 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the pre-motion conference scheduled for August 22, 2024 is VACATED and RESCHEDULED to September 13, 2024 at 10:00 a.m. in Courtroom 8. In advance of that hearing, the Defendant will file its pre-motion statement on or before August 22, 2024; Plaintiff will file its response on or before August 29, 2024. Signed by Judge Randolph D. Moss on 7/24/2024. (lcrdm1) (Entered: 07/24/2024) |
| 2024-08-22 | 27 | RESPONSE TO ORDER OF THE COURT Status Report and Defendant's Pre-Motion Statement by U.S. DEPARTMENT OF JUSTICE. (Adebonojo, Kenneth) Modified event title on 8/28/2024 (znmw). (Entered: 08/22/2024) |
| 2024-08-29 | 28 | RESPONSE re 27 Response to Order of the Court and Response to Defendant's Pre-Motion Statement by MID-ATLANTIC INNOCENCE PROJECT. (Gutman, Jeffrey) Modified event title on 8/30/2024 (znmw). (Entered: 08/29/2024) |
| 2024-08-30 | | MINUTE ORDER: Upon consideration of Defendant's Status Report and Pre-Motion Statement, Dkt. 27 , and Plaintiff's Response to Defendant's Pre-Motion Statement, Dkt. 28 , it is hereby ORDERED that the pre-motion conference scheduled for September 13, 2024 is VACATED and that the parties appear for a status conference on September 25, 2024, at 2:00 p.m., in Courtroom 8. Signed by Judge Randolph D. Moss on 08/30/2024. (lcrdm1) (Entered: 08/30/2024) |
| 2024-09-16 | 29 | MOTION for Leave to Appear Law Student Appearance by MID-ATLANTIC INNOCENCE PROJECT (Gutman, Jeffrey) Modified event on 9/17/2024 (znmw). (Entered: 09/16/2024) |
| 2024-09-17 | 30 | MOTION for Leave to Appear Student Appearance for Nicholas Kitevski by MID-ATLANTIC INNOCENCE PROJECT. (Gutman, Jeffrey) (Entered: 09/17/2024) |
| 2024-09-18 | 31 | MINUTE ORDER: Upon consideration of Plaintiff's Motion for Leave for Law Student Appearance, Dkt. 29 , it is hereby ORDERED that the motion is GRANTED. See document for details. Signed by Judge Randolph D. Moss on 09/18/2024. (lcrdm1) (Entered: 09/18/2024) |
| 2024-09-18 | 32 | MINUTE ORDER: Upon consideration of Plaintiff's Motion for Leave for Law Student Appearance, Dkt. 30 , it is hereby ORDERED that the motion is GRANTED. See document for details. Signed by Judge Randolph D. Moss on 09/18/2024. (lcrdm1) (Entered: 09/18/2024) |
| 2024-09-25 | | Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 9/25/2024. For the reasons stated on the record, the U.S. DEPARTMENT OF JUSTICE shall file an answer on or before 10/1/2024. The parties are directed to Meet & Confer on or before 12/13/2024. Defendants Vaughn Index search and release due on or before 12/2/2024 and a Pre-motion Conference set for 12/13/2024 at 10:00 AM in Courtroom 8- In Person before Judge Randolph D. Moss). (Court Reporter Sherry Lindsay.) (zglw) (Entered: 09/26/2024) |
| 2024-10-01 | 33 | ANSWER to 25 Amended Complaint by U.S. DEPARTMENT OF JUSTICE.(Adebonojo, Kenneth) (Entered: 10/01/2024) |
| 2024-11-27 | | Case directly reassigned to Judge Amir H. Ali. Judge Randolph D. Moss is no longer assigned to the case. (rj) (Entered: 11/27/2024) |
| 2024-12-18 | 34 | MOTION for Briefing Schedule by MID-ATLANTIC INNOCENCE PROJECT. (Attachments: # 1 Text of Proposed Order)(Gutman, Jeffrey) (Entered: 12/18/2024) |
| 2024-12-23 | | MINUTE ORDER: The Court is in receipt of Plaintiff's 34 motion for briefing schedule. Defendant shall file a response to the motion by January 8, 2025. In addition to responding to the proposed schedule, Defendant shall respond to any points in Plaintiff's motion that it contests, including whether it has failed to fully comply with any of the Court's prior orders and, if so, why it has failed to fully comply. Signed by Judge Amir H. Ali on 12/23/2024. (lcaha1) (Entered: 12/23/2024) |
| 2024-12-26 | | Set/Reset Deadlines/Hearings: Response to 34 due by 1/8/2025. (zcdw) (Entered: 12/26/2024) |
| 2025-01-08 | 35 | MOTION for Extension of Time to Respond to Plaintiff's Motion for a Briefing Schedule by U.S. DEPARTMENT OF JUSTICE. (Adebonojo, Kenneth) (Entered: 01/08/2025) |
| 2025-01-09 | | MINUTE ORDER: Defendant's 35 motion for extension of time to respond to Plaintiff's proposed briefing schedule is denied. Plaintiff filed a 34 motion requesting a briefing schedule on December 18, 2024. Plaintiff's motion included statements indicating that Defendant has been unresponsive at points throughout these proceedings and partially noncompliant with prior court orders. The Court directed Defendant to respond and to address any non-compliance with prior orders. Given the holidays, the Court gave Defendant more than two weeks and until January 8, 2023, to file a response. Defendant has now filed a request for extension on the day the response was due. The request states additional time is needed due to leave that had accrued and provides general information about civil case loads, without providing any specific information as it relates to Defendant's counsel. It does not, for instance, provide dates of leave or specific conflicting deadlines, such that the Court could meaningfully evaluate whether the extension is warranted. The motion also does not indicate why an extension could not have been sought before the day the response was due. Given Defendant's failure to file a response, the Court may treat points made in Plaintiff's motion as conceded. The parties are instructed to jointly email the courtroom deputy, chashawn_white@dcd.uscourts.gov, by January 10, 2025, with at least three 30-minute periods that work for both parties between 2:00-4:00pm on January 16, 22, or 23. The Court is amenable to a video hearing if both parties consent. To the extent a party is not able to appear on those days due to previously planned leave or a conflicting court hearing or deadline, that party should file an explanation with the Court that includes meaningful specificity, including the relevant dates and case numbers. Signed by Judge Amir H. Ali on 1/9/2025. (lcaha1) (Entered: 01/09/2025) |
| 2025-01-15 | 36 | NOTICE of Hearing: Status Conference set for 1/22/2025 at 3:30 PM via videoconference before Judge Amir H. Ali. (zcdw) (Entered: 01/15/2025) |
| 2025-01-17 | 37 | MOTION for Leave to Appear Law Student Bersaveh Belay by MID-ATLANTIC INNOCENCE PROJECT. (Gutman, Jeffrey) (Entered: 01/17/2025) |
| 2025-01-17 | 38 | MOTION for Leave to Appear Student Attorney Trey Donathan by MID-ATLANTIC INNOCENCE PROJECT. (Gutman, Jeffrey) (Entered: 01/17/2025) |
| 2025-01-17 | | MINUTE ORDER. Plaintiff's 37 motion for leave to appear is granted. Bersaveh Belay may appear as a law student attorney on behalf of Plaintiff in this matter. Signed by Judge Amir H. Ali on 1/17/2025. (lcaha1) (Entered: 01/17/2025) |
| 2025-01-17 | | MINUTE ORDER. Plaintiff's 38 motion for leave to appear is granted. Trey Donathan may appear as a law student attorney on behalf of Plaintiff in this matter. Signed by Judge Amir H. Ali on 1/17/2025. (lcaha1) (Entered: 01/17/2025) |
| 2025-01-22 | | Minute Entry for proceedings held before Judge Amir H. Ali: Status Conference held on 1/22/2025. The Court will issue an Order forthwith. (Court Reporter Stacy Johns.) (dot) (Entered: 01/22/2025) |
| 2025-01-22 | | MINUTE ORDER. Consistent with the discussion at today's hearing, Defendant shall provide Plaintiff with search declarations, as previously ordered by the Court, by January 23, 2025. The parties shall meet and confer and file a joint status report by January 31, 2025, addressing (1) whether there is any dispute as to the scope of Plaintiff's searches and, if so, providing a timeline for further search and production; (2) a description of the legal disputes between the parties that are appropriate for summary judgment briefing; and (3) assuming the parties agree there is no further search to be conducted, a proposed schedule for summary judgment briefing. Signed by Judge Amir H. Ali on 1/22/2025. (lcaha1) (Entered: 01/22/2025) |
| 2025-01-31 | 39 | Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit)(Adebonojo, Kenneth) (Entered: 01/31/2025) |
| 2025-02-04 | | MINUTE ORDER. The Court is in receipt of the parties' joint status report. The Court adopts the following briefing schedule: Defendant's motion for summary judgment shall be filed by February 28, 2025. Plaintiff's opposition and cross-motion shall be filed by April 25, 2025. Defendant's opposition and reply shall be filed by May 16, 2025. Plaintiff's reply shall be filed by June 6, 2025. The Court does not anticipate granting extensions of this briefing schedule absent extraordinary circumstances. Signed by Judge Amir H. Ali on 2/4/2025. (lcaha1) (Entered: 02/04/2025) |
| 2025-02-28 | 40 | MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration, # 4 Declaration)(Adebonojo, Kenneth) (Entered: 02/28/2025) |
| 2025-03-05 | 41 | NOTICE of Filing of Defendant's Vaughn Index by U.S. DEPARTMENT OF JUSTICE re 40 Motion for Summary Judgment (Attachments: # 1 Exhibit)(Adebonojo, Kenneth) (Entered: 03/05/2025) |
| 2025-04-10 | | MINUTE ORDER. The parties are reminded that a United States magistrate judge of this Court is available to conduct all proceedings in this civil action (including a jury or nonjury trial) and to order the entry of a final judgment, which may then be appealed directly to the United States Court of Appeals like any other judgment of this Court. Adjudication by a magistrate judge may result in the case being resolved more quickly. A magistrate judge is permitted to exercise this authority only if all parties consent. The parties shall file a joint status report by April 18, 2025, advising the Court whether all parties consent to the exercise of jurisdiction by a magistrate judge in this case. Any party is free to withhold consent without adverse substantive consequences. The parties' report shall simply inform the Court whether all parties consent; it need not provide an explanation for their position and it shall not reveal the name of any party that withholds consent. Signed by Judge Amir H. Ali on 4/10/2025. (lcaha3) (Entered: 04/10/2025) |
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