| Date Filed | Doc # | Docket Text |
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| 2023-07-18 | 1 | COMPLAINT for Injunctive and Declaratory Relief against THE ASSISTANT ATTORNEY GENERAL FOR THE ANTITRUST DIVISION OF THE UNITED STATES DEPARMENT OF JUSTICE, THE UNITED STATES ATTORNEY GENERAL, THE UNITED STATES DEPARTMENT OF JUSTICE ( Filing fee $ 402 receipt number ADCDC-10215301) filed by RICHARD USHER. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Civil Cover Sheet, # 4 Summons as to Assistant Attorney General for the Antitrust Division of the United States Department of Justice, # 5 Summons as to United States Department of Justice, # 6 Summons as to Merrick Garland, # 7 Summons as to Laura Starling, # 8 Summons as to Civil Process Clerk U.S. Attorney's Office for D.C.)(Gidley, John) (Entered: 07/18/2023) |
| 2023-07-18 | 2 | NOTICE OF RELATED CASE by RICHARD USHER. Case related to Case No. 1:21-cv-00654-JMC. (Gidley, John) (Entered: 07/18/2023) |
| 2023-07-19 | | Case Assigned to Judge Jia M. Cobb. (zljn) (Entered: 07/19/2023) |
| 2023-07-19 | 3 | SUMMONS (5) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zljn) (Entered: 07/19/2023) |
| 2023-07-26 | 4 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/26/2023. ( Answer due for ALL FEDERAL DEFENDANTS by 8/25/2023.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/26/2023. (Gidley, John) (Entered: 07/26/2023) |
| 2023-07-26 | 5 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ASSISTANT ATTORNEY GENERAL FOR THE ANTITRUST DIVISION OF THE UNITED STATES DEPARMENT OF JUSTICE served on 7/26/2023; UNITED STATES ATTORNEY GENERAL served on 7/26/2023; UNITED STATES DEPARTMENT OF JUSTICE served on 7/26/2023. (See Docket Entry 4 to view document). (znmw) (Entered: 07/27/2023) |
| 2023-08-02 | 6 | MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael David Kendall, Filing fee $ 100, receipt number ADCDC-10249131. Fee Status: Fee Paid. by RICHARD USHER. (Attachments: # 1 Declaration of Michael David Kendall in Support of Motion for Admission Pro Hac Vice, # 2 Certificate of Good Standing (Massachusetts), # 3 Text of Proposed Order)(Gidley, John) Modified on 8/7/2023 (zed). (Entered: 08/02/2023) |
| 2023-08-02 | 7 | MOTION for Leave to Appear Pro Hac Vice :Attorney Name- C. Kelly Newman, Filing fee $ 100, receipt number ADCDC-10249165. Fee Status: Fee Paid. by RICHARD USHER. (Attachments: # 1 Declaration of C. Kelly Newman in Support of Motion for Admission Pro Hac Vice, # 2 Certificate of Good Standing (Massachusetts), # 3 Text of Proposed Order)(Gidley, John) Modified on 8/7/2023 (zed). (Entered: 08/02/2023) |
| 2023-08-03 | | NOTICE OF ERROR regarding 7 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- C. Kelly Newman, Filing fee $ 100, receipt number ADCDC-10249165. Fee Status: Fee Paid., 6 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael David Kendall, Filing fee $ 100, receipt number ADCDC-10249131. Fee Status: Fee Paid.. The following error(s) need correction: Declaration must have an original, ink signature. Please refile using the event Declaration. (mg) (Entered: 08/03/2023) |
| 2023-08-07 | | VACATED PURSUANT TO MINUTE ORDER FILED 08/07/2023.....MINUTE ORDER granting 6 Motion for Leave to Appear Pro Hac Vice. Attorney Michael David Kendall is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Signed by Judge Jia M. Cobb on August 7, 2023. (lcjmc2) Modified on 8/7/2023 (zed). (Entered: 08/07/2023) |
| 2023-08-07 | | VACATED PURSUANT TO MINUTE ORDER FILED 08/07/2023.....MINUTE ORDER granting 7 Motion for Leave to Appear Pro Hac Vice. Attorney C. Kelly Newman is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Signed by Judge Jia M. Cobb on August 7, 2023. (lcjmc2) Modified on 8/7/2023 (zed). (Entered: 08/07/2023) |
| 2023-08-07 | | MINUTE ORDER: In light of the Notice of Error dated August 3, 2023, it is hereby ORDERED that the Minute Orders of August 7, 2023, granting 6 Motion for Leave to Appear Pro Hac Vice and 7 Motion for Leave to Appear Pro Hac Vice are VACATED. Signed by Judge Jia M. Cobb on August 7, 2023. (lcjmc2) (Entered: 08/07/2023) |
| 2023-08-10 | 8 | DECLARATION of Michael David Kendall by RICHARD USHER re 6 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael David Kendall, Filing fee $ 100, receipt number ADCDC-10249131. Fee Status: Fee Paid.. (Gidley, John) (Entered: 08/10/2023) |
| 2023-08-10 | 9 | DECLARATION of C. Kelly Newman by RICHARD USHER re 7 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- C. Kelly Newman, Filing fee $ 100, receipt number ADCDC-10249165. Fee Status: Fee Paid.. (Gidley, John) (Entered: 08/10/2023) |
| 2023-08-11 | | MINUTE ORDER granting 6 Motion for Leave to Appear Pro Hac Vice. Attorney Michael David Kendall is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Signed by Judge Jia M. Cobb on August 11, 2023. (lcjmc2) (Entered: 08/11/2023) |
| 2023-08-11 | | MINUTE ORDER granting 7 Motion for Leave to Appear Pro Hac Vice. Attorney C. Kelly Newman is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Signed by Judge Jia M. Cobb on August 11, 2023. (lcjmc2) (Entered: 08/11/2023) |
| 2023-08-17 | 10 | NOTICE of Appearance by Michael D. Kendall on behalf of RICHARD USHER (Kendall, Michael) (Entered: 08/17/2023) |
| 2023-08-17 | 11 | NOTICE of Appearance by Kelly C. Newman on behalf of RICHARD USHER (Newman, Kelly) (Entered: 08/17/2023) |
| 2023-08-17 | 12 | NOTICE of Appearance by Antonia Marie Konkoly on behalf of ASSISTANT ATTORNEY GENERAL FOR THE ANTITRUST DIVISION OF THE UNITED STATES DEPARMENT OF JUSTICE, UNITED STATES ATTORNEY GENERAL, UNITED STATES DEPARTMENT OF JUSTICE (Konkoly, Antonia) (Entered: 08/17/2023) |
| 2023-08-17 | 13 | Consent MOTION for Extension of Time to File Answer re 1 Complaint,, by ASSISTANT ATTORNEY GENERAL FOR THE ANTITRUST DIVISION OF THE UNITED STATES DEPARMENT OF JUSTICE, UNITED STATES ATTORNEY GENERAL, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Konkoly, Antonia) (Entered: 08/17/2023) |
| 2023-08-17 | | MINUTE ORDER granting 13 Defendants' Consent Motion for Extension of Time to Answer: Upon consideration of the Motion and for good cause shown, it is hereby ORDERED that the Motion is GRANTED. Defendants will respond to Plaintiff's Complaint by September 8, 2023. Signed by Judge Jia M. Cobb on August 17, 2023. (lcjmc2) (Entered: 08/17/2023) |
| 2023-09-08 | 14 | NOTICE of Appearance by John Robinson on behalf of All Defendants (Robinson, John) (Entered: 09/08/2023) |
| 2023-09-08 | 15 | ANSWER to Complaint by ASSISTANT ATTORNEY GENERAL FOR THE ANTITRUST DIVISION OF THE UNITED STATES DEPARMENT OF JUSTICE, UNITED STATES ATTORNEY GENERAL, UNITED STATES DEPARTMENT OF JUSTICE.(Konkoly, Antonia) (Entered: 09/08/2023) |
| 2023-09-11 | | MINUTE ORDER: The Court ORDERS that the Parties confer and submit a joint proposed schedule for further proceedings, which shall include a proposed schedule for the processing and release of responsive records or for briefing dispositive motions, by September 25, 2023. Signed by Judge Jia M. Cobb on September 11, 2023. (lcjmc2) (Entered: 09/11/2023) |
| 2023-09-11 | | Set/Reset Deadlines: Proposed Briefing Schedule due by 9/25/2023. (zgf) (Entered: 09/11/2023) |
| 2023-09-25 | 16 | Joint STATUS REPORT by ASSISTANT ATTORNEY GENERAL FOR THE ANTITRUST DIVISION OF THE UNITED STATES DEPARMENT OF JUSTICE, UNITED STATES ATTORNEY GENERAL, UNITED STATES DEPARTMENT OF JUSTICE. (Robinson, John) (Entered: 09/25/2023) |
| 2023-09-28 | 17 | MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Daniel E. Medici, Filing fee $ 100, receipt number ADCDC-10384472. Fee Status: Fee Paid. by RICHARD USHER. (Attachments: # 1 Declaration of Daniel E. Medici in Support of Motion for Admission Pro Hac Vice, # 2 Certificate of Good Standing (Massachusetts), # 3 Text of Proposed Order)(Gidley, John) (Entered: 09/28/2023) |
| 2023-09-29 | | MINUTE ORDER setting Status Conference: Having considered the Parties' scheduling dispute described in their 16 Joint Status Report, the Court ORDERS that the Parties appear for a status conference on on October 3, 2023 at 1:30 PM. The conference will be on the record before Judge Cobb and conducted via Zoom. The Court's Deputy Clerk will provide the information necessary to access the video conference. Signed by Judge Jia M. Cobb on September 29, 2023. (lcjmc2) (Entered: 09/29/2023) |
| 2023-09-29 | | MINUTE ORDER granting 17 Motion for Leave to Appear Pro Hac Vice: Attorney Daniel E. Medici is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions Signed by Judge Jia M. Cobb on September 29, 2023. (lcjmc2) (Entered: 09/29/2023) |
| 2023-10-02 | 18 | NOTICE of Appearance by Daniel Medici on behalf of RICHARD USHER (Medici, Daniel) (Entered: 10/02/2023) |
| 2023-10-03 | | Minute Entry for proceedings held before Judge Jia M. Cobb: Status Conference held on 10/3/2023. Scheduling Order forthcoming via Chambers. (Court Reporter: Lorraine Herman) (zgf) (Entered: 10/03/2023) |
| 2023-10-03 | 19 | ORDER: Having reviewed the Parties' 16 Joint Status Report, and in consideration of the Parties' arguments today in the Zoom status conference on the record before the Court, the Court hereby ORDERS the Parties to comply with the deadlines for document disclosure, motions, and hearings as detailed in the accompanying order. Signed by Judge Jia M. Cobb on October 3, 2023. (lcjmc2) (Entered: 10/03/2023) |
| 2024-01-09 | 20 | MOTION for Extension of Time to Production and Briefing Deadlines by ASSISTANT ATTORNEY GENERAL FOR THE ANTITRUST DIVISION OF THE UNITED STATES DEPARMENT OF JUSTICE, UNITED STATES ATTORNEY GENERAL, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Konkoly, Antonia) (Entered: 01/09/2024) |
| 2024-01-10 | 21 | Memorandum in opposition to re 20 Motion for Extension of Time to, Release Records and Briefing Schedule filed by RICHARD USHER. (Attachments: # 1 Text of Proposed Order)(Gidley, John) (Entered: 01/10/2024) |
| 2024-01-11 | | MINUTE ORDER granting in part and denying in part 20 Motion for Extension of Time: Upon consideration of Defendant's motion to extend production 20 , and Plaintiff's response 21 , the Court partially grants and partially denies the motion. The deadlines are amended as follows: Government releases first tranche of records: January 19, 2024. Government releases second tranche of records, Vaughn index, and affidavits: February 14, 2024. Government files motion for summary judgment: March 4, 2024. Plaintiff files combined cross-motion for summary judgment and opposition to motion for summary judgment: April 3, 2024. Government files combined reply in support of motion for summary judgment and opposition to cross-motion for summary judgment: April 17, 2024. Plaintiff files reply in support of cross-motion for summary judgment: May 1, 2024. The status hearing for May 8, 2024 is VACATED because the Court does not see a basis for a hearing at this time. The Court intends to resolve the dispositive motions on the papers, but will contact the Parties if the Court believes that oral argument would be helpful. If either Party believes that there are matters other than those at issue in the dispositive motions that require a status hearing, that Party may file a motion for an interim status hearing. Signed by Judge Jia M. Cobb on January 11, 2024. (lcjmc3) (Entered: 01/11/2024) |
| 2024-01-31 | 22 | MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Abigail W. Mahoney, Filing fee $ 100, receipt number ADCDC-10656355. Fee Status: Fee Paid. by RICHARD USHER. (Attachments: # 1 Declaration of Abigail W. Mahoney in Support of Motion for Admission Pro Hac Vice, # 2 Certificate of Good Standing (Massachusetts), # 3 Text of Proposed Order)(Gidley, John) (Entered: 01/31/2024) |
| 2024-02-02 | | MINUTE ORDER granting 22 Motion for Leave to Appear Pro Hac Vice Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions . Signed by Judge Jia M. Cobb on February 2, 2024. (lcjmc3) (Entered: 02/02/2024) |
| 2024-02-05 | 23 | NOTICE of Appearance by Abigail Mahoney on behalf of RICHARD USHER (Mahoney, Abigail) (Entered: 02/05/2024) |
| 2024-03-04 | 24 | MOTION for Summary Judgment by ASSISTANT ATTORNEY GENERAL FOR THE ANTITRUST DIVISION OF THE UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY GENERAL, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration of Michael Seidel and Vaughn Index, # 2 Declaration of Kathy Hsu and Exhibits, # 3 Declaration of John Robinson and Exhibits, # 4 Statement of Facts, # 5 Text of Proposed Order)(Robinson, John) (Entered: 03/04/2024) |
| 2024-04-03 | 25 | MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment 24 by RICHARD USHER. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Richard Usher, # 3 Declaration of Rohan Ramchandani, # 4 Declaration of Christopher Ashton, # 5 Declaration of Michael Kendall, # 6 Declaration of J. Mark Gidley, # 7 Exhibit 1 - Jan 19 2024 FOIA Production, # 8 Exhibit 2 - Feb 14 2024 FOIA Production, # 9 Exhibit 3 - DOJ004 Production Letter, # 10 Exhibit 4 - Gardiner Immunity Agreement, # 11 Exhibit 5 - Usher Trial Transcript Excerpts, # 12 Exhibit 6 - News Articles RE: Gardiner, # 13 Exhibit 7 - Shirley Barrow Memo, # 14 Exhibit 8 - May 20 2015 DOJ Press Release, # 15 Exhibit 9 - JPMorgan Chase Guilty Plea, # 16 Exhibit 10 - AAG Baer Remarks, # 17 Exhibit 11 - ADIC McCabe Remarks, # 18 Exhibit 12 - News Articles RE: Usher, # 19 Exhibit 13 - News Articles RE: Banks, # 20 Exhibit 14 - Usher SDNY Indictment, # 21 Exhibit 15 - Jan 17 2017 DOJ Press Release, # 22 Exhibit 16 - OCC Notice of Charges, # 23 Exhibit 17 - OCC Press Release, # 24 Exhibit 18 - July 17 2017 DOJ Press Release, # 25 Exhibit 19 - DOJ066 Production Letter, # 26 Exhibit 20 - DOJ069 Production Letter, # 27 Exhibit 21 - DOJ071 Production Letter, # 28 Exhibit 22 - DOJ021 Production Letter, # 29 Exhibit 23 - DOJ023 Production Letter, # 30 Exhibit 24 - DOJ042 Production Letter, # 31 Exhibit 25 - SDNY Protective Order, # 32 Exhibit 26 - DOJ's Denial of Touhy Request, # 33 Exhibit 27 - DOJ's Letter RE: Subpoena, # 34 Exhibit 28 - Fed Reserve Order RE: Gardiner, # 35 Exhibit 29 - DOJ/W&C Email Chain, # 36 Exhibit 30 - DOJ005 Production Letter, # 37 Exhibit 31 - DOJ039 Production Letter, # 38 Exhibit 32 - DOJ043 Production Letter, # 39 Exhibit 33 - DOJ047 Production Letter, # 40 Exhibit 34 - OCC FOIA Production, # 41 Statement of Facts, # 42 Text of Proposed Order)(Gidley, J. Mark) (Entered: 04/03/2024) |
| 2024-04-03 | 26 | Memorandum in opposition to re 24 Motion for Summary Judgment, and Plaintiff's Consolidated Motion for Summary Judgment filed by RICHARD USHER. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Richard Usher, # 3 Declaration of Rohan Ramchandani, # 4 Declaration of Christopher Ashton, # 5 Declaration of Michael Kendall, # 6 Declaration of J. Mark Gidley, # 7 Exhibit 1 - Jan 19 2024 FOIA Production, # 8 Exhibit 2 - Feb 14 2024 FOIA Production, # 9 Exhibit 3 - DOJ004 Production Letter, # 10 Exhibit 4 - Gardiner Immunity Agreement, # 11 Exhibit 5 - Usher Trial Transcript Excerpts, # 12 Exhibit 6 - News Articles RE: Gardiner, # 13 Exhibit 7 - Shirley Barrow Memo, # 14 Exhibit 8 - May 20 2015 DOJ Press Release, # 15 Exhibit 9 - JPMorgan Chase Guilty Plea, # 16 Exhibit 10 - AAG Baer Remarks, # 17 Exhibit 11 - ADIC McCabe Remarks, # 18 Exhibit 12 - News Articles RE: Usher, # 19 Exhibit 13 - News Articles RE: Banks, # 20 Exhibit 14 - Usher SDNY Indictment, # 21 Exhibit 15 - Jan 17 2017 DOJ Press Release, # 22 Exhibit 16 - OCC Notice of Charges, # 23 Exhibit 17 - OCC Press Release, # 24 Exhibit 18 - July 17 2017 DOJ Press Release, # 25 Exhibit 19 - DOJ066 Production Letter, # 26 Exhibit 20 - DOJ069 Production Letter, # 27 Exhibit 21 - DOJ071 Production Letter, # 28 Exhibit 22 - DOJ021 Production Letter, # 29 Exhibit 23 - DOJ023 Production Letter, # 30 Exhibit 24 - DOJ042 Production Letter, # 31 Exhibit 25 - SDNY Protective Order, # 32 Exhibit 26 - DOJ's Denial of Touhy Request, # 33 Exhibit 27 - DOJ's Letter RE: Subpoena, # 34 Exhibit 28 - Fed Reserve Order RE: Gardiner, # 35 Exhibit 29 - DOJ/W&C Email Chain, # 36 Exhibit 30 - DOJ005 Production Letter, # 37 Exhibit 31 - DOJ039 Production Letter, # 38 Exhibit 32 - DOJ043 Production Letter, # 39 Exhibit 33 - DOJ047 Production Letter, # 40 Exhibit 34 - OCC FOIA Production, # 41 Statement of Facts, # 42 Text of Proposed Order)(Gidley, J. Mark) (Entered: 04/03/2024) |
| 2024-04-17 | 27 | REPLY to opposition to motion re 24 MOTION for Summary Judgment filed by ASSISTANT ATTORNEY GENERAL FOR THE ANTITRUST DIVISION OF THE UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY GENERAL, UNITED STATES DEPARTMENT OF JUSTICE. (Robinson, John) (Entered: 04/17/2024) |
| 2024-04-17 | 28 | Memorandum in opposition to re 25 Motion for Summary Judgment,,,,,,, filed by ASSISTANT ATTORNEY GENERAL FOR THE ANTITRUST DIVISION OF THE UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY GENERAL, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Response to Plaintiff's Statement of Material Facts)(Robinson, John) (Entered: 04/17/2024) |
| 2024-05-01 | 29 | REPLY to opposition to motion re 25 MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment 24 filed by RICHARD USHER. (Attachments: # 1 Declaration of Daniel Medici, # 2 Exhibit 1 - Leopold Weinsheimer Declaration, # 3 Exhibit 2 - Summary chart of FOIA Exemption 7(d) cases and declaration excerpts, # 4 Exhibit 3 - Reuters News Article, # 5 Exhibit 4 - Exhibit DX-968 from United States v. Usher et al., # 6 Exhibit 5 - ADAG Spratling Remarks)(Gidley, J. Mark) (Entered: 05/01/2024) |
| 2024-05-03 | 30 | Unopposed MOTION for Leave to File Surreply by ASSISTANT ATTORNEY GENERAL FOR THE ANTITRUST DIVISION OF THE UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY GENERAL, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Proposed surreply, # 2 Text of Proposed Order)(Robinson, John) (Entered: 05/03/2024) |
| 2024-05-06 | | MINUTE ORDER granting 30 Motion for Leave to File: In light of the unopposed motion, and finding good cause, the motion is GRANTED. The Clerk's Office is directed to file Attachment #1 as Defendants' Surreply. Signed by Judge Jia M. Cobb on May 6, 2024. (lcjmc3) (Entered: 05/06/2024) |
| 2024-05-06 | 31 | SURREPLY to re 25 MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment 24 filed by ASSISTANT ATTORNEY GENERAL FOR THE ANTITRUST DIVISION OF THE UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY GENERAL, UNITED STATES DEPARTMENT OF JUSTICE. (zdp) (Entered: 05/06/2024) |
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