Case Detail

FOIA Project Annotation: Judge Richard Roberts has ruled that the Executive Office for U.S. Attorneys properly withheld records from Antoine Plunkett, convicted in a murder-for-hire scheme, under a variety of exemptions, but that the agency has so far failed to show its Western District of Virginia office conducted an adequate search. Plunkett asked for records pertaining to his investigation and conviction. EOUSA located about 550 pages and withheld 305 pages in full. Roberts agreed with Plunkett that the agency had not adequately explained how it conducted the search of its Western District office. He noted that "there is no evidence describing the filing systems that were actually searched and the search terms that were utilized. Nor is there any evidence establishing that all files likely to contain responsive records were searched." However, he upheld all the agency's exemption claims. He rejected Plunkett's claim that a newspaper report showed that some information was in the public domain. Roberts indicated that Plunkett "has not shown that any statements [a witness] may have made to a newspaper report were officially acknowledged." He agreed that information furnished in a murder investigation could be considered to have been given with an implicit understanding that it was confidential. He observed that "surely, the same presumption [given in a drug trafficking case] would apply to a witness to a murder for hire conspiracy." The case was decided under the caption Plunkett v. Dept of Justice.
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2011-02-09	1	COMPLAINT against JOHN AND JANE DOE (Filing fee $ 0) filed by ANTHOINE PLUNKETT. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Civil Cover Sheet)(tnr, ) (Entered: 02/10/2011)
2011-02-09	2	MOTION for Leave to Proceed In Forma Pauperis by ANTHOINE PLUNKETT. (tnr, ) (Entered: 02/10/2011)
2011-02-09	3	PRISONER TRUST FUND ACCOUNT STATEMENT for a period of six months by ANTHOINE PLUNKETT (tnr, ) Modified on 2/10/2011 to edit text (dr). (Entered: 02/10/2011)
2011-02-09	4	MOTION to Exceed Page Limitations by ANTHOINE PLUNKETT. (tnr, ) (Entered: 02/10/2011)
2011-02-09	5	ORDER denying the Petition for Writ of Mandamus as this matter shall proceed as a civil action against the Department of Justice under the Freedom of Information Act, dismissing John and Jane Doe as defendants, and ordering that a copy of this Order be served on the defendant with copy of summons and complaint signed by Judge Colleen Kollar-Kotelly on 2/4/11. (tnr, ) (Entered: 02/10/2011)
2011-02-09	6	ORDER directing an initial partial filing fee in the amount of $39.07 be made from Prison Account of ANTHOINE PLUNKETT; futher ordered, granting 2 MOTION for Leave to Proceed in forma pauperis (See Order for full details). Signed by Judge Colleen Kollar-Kotelly on 2/4/2011. (dr) (Entered: 02/10/2011)
2011-02-09		SUMMONS Issued (3) as to DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General. (tnr, ) (Entered: 02/10/2011)
2011-02-24	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF JUSTICE served on 2/23/2011. (jf, ) (Entered: 02/24/2011)
2011-02-24	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed in a FOIA Case as to the U.S. Attorney for DC; DEPARTMENT OF JUSTICE served on 2/23/2011, answer due 3/25/2011 for U.S. Attorney. , RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on Attorney General. Date of Service Upon Attorney General 2/23/2011. (jf, ) . (Entered: 02/24/2011)
2011-03-23	9	NOTICE of Appearance by Sean Joseph Vanek on behalf of DEPARTMENT OF JUSTICE, JOHN AND JANE DOE (Attachments: # 1 Certificate of Service)(Vanek, Sean) (Entered: 03/23/2011)
2011-03-23	10	MOTION for Extension of Time to Respond to the Complaint by DEPARTMENT OF JUSTICE, JOHN AND JANE DOE (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Vanek, Sean) (Entered: 03/23/2011)
2011-03-29	11	ORDER finding as moot plaintiff's motion 4 to exceed page limit. Signed by Judge Richard W. Roberts on 03/29/2011. (DCL) (Entered: 03/29/2011)
2011-05-02		MINUTE ORDER: It is hereby ORDERED that the defendant's unopposed motion 10 for an enlargement of time be, and hereby is, GRANTED. The defendant shall respond to the complaint on or before May 10, 2011. Issued by Judge Richard W. Roberts on 05/02/2011. (DCL) (Entered: 05/02/2011)
2011-05-02		Set/Reset Deadlines: Defendant's Response to the Complaint due by 5/10/2011. (hs) (Entered: 05/02/2011)
2011-05-10	12	MOTION for Extension of Time to Respond to the Complaint by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Vanek, Sean) (Entered: 05/10/2011)
2011-05-31	13	MOTION to Amend Pleadings by ANTHOINE PLUNKETT (rdj) (Entered: 06/02/2011)
2011-06-01		MINUTE ORDER: It is hereby ORDERED that the defendant's unopposed motion 12 for an enlargement of time be, and hereby is, GRANTED. The defendant shall respond to the complaint on or before June 14, 2011. Issued by Judge Richard W. Roberts on 06/01/2011. (DCL) (Entered: 06/01/2011)
2011-06-01		Set/Reset Deadlines: Defendant's Answer to the Complaint due by 6/14/2011. (hs) (Entered: 06/01/2011)
2011-06-13	14	Third MOTION for Extension of Time to Respond to the Complaint by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Vanek, Sean) (Entered: 06/13/2011)
2011-06-29	15	MOTION to Amend Pleadings by ANTHOINE PLUNKETT (rdj) (Entered: 06/30/2011)
2011-07-01	16	MOTION for Partial Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Text of Proposed Order, # 4 Certificate of Service, # 5 Declaration Boseker)(Vanek, Sean) (Entered: 07/01/2011)
2011-07-29	17	MOTION for Extension of Time to respond to defendant's answer to complaint and motion for partial summary judgment by ANTHOINE PLUNKETT (jf, ) (Entered: 08/01/2011)
2011-08-22	18	NOTICE to the Court by ANTHOINE PLUNKETT (jf, ) (Entered: 08/24/2011)
2011-08-22	19	MOTION for order directing the EOUSA to comply by ANTHOINE PLUNKETT (jf, ) (Entered: 08/24/2011)
2011-10-14		MINUTE ORDER: It is hereby ORDERED that plaintiff's motions 13 15 to amend pleadings be, and hereby are, DENIED for failure to comply with Local Civil Rule 15.1 which requires that a motion for leave to file an amended pleading be accompanied by the proposed pleading as amended. It is further ORDERED that the defendant's unopposed motion 14 for enlargement of time until July 1, 2011 be, and hereby is, GRANTED nunc pro tunc. It is further ORDERED that the defendant respond by October 27, 2011 to the plaintiff's motion 19 to direct the EOUSA to provide plaintiff with a complete copy of an exhibit. Signed by Judge Richard W. Roberts on 10/14/2011. (DJMAC, ) (Entered: 10/14/2011)
2011-10-14	20	Order advising plaintiff to respond or Court may deem matter as conceded re 16 MOTION for Partial Summary Judgment. Response due by 11/14/2011. Signed by Judge Richard W. Roberts on 10/14/2011. (DJMAC, ) (Entered: 10/14/2011)
2011-10-14		MINUTE ORDER denying as moot 17 Plaintiff's Motion for Enlargement of Time. Signed by Judge Richard W. Roberts on 10/14/2011. (DJMAC, ) (Entered: 10/14/2011)
2011-10-17		Set/Reset Deadlines: Plaintiff's Response to Motion for Summary Judgment due by 11/14/2011. (hs) (Entered: 10/17/2011)
2011-10-17		Set/Reset Deadlines: Defendant's Responses due by 10/27/2011 (hs) (Entered: 10/17/2011)
2011-10-26	21	NOTICE of Compliance with Court Order by DEPARTMENT OF JUSTICE re Order on Motion to Amend/Correct, Order on Motion for Extension of Time to,,,,,,, (Attachments: # 1 Certificate of Service, # 2 Exhibit N)(Vanek, Sean) (Entered: 10/26/2011)
2011-10-26		MINUTE ORDER denying 19 Request for Order Directing the EOUSA to Comply. Plaintiff has moved to compel Defendant to file Exhibit N, which it allegedly omitted from the filing of its dispositive motion. Defendant has since filed that exhibit, mooting Plaintiff's request. See 21 Notice of Compliance with Court Order. Signed by Judge Richard W. Roberts on 10/26/11. (DJMAC, ) (Entered: 10/26/2011)
2011-11-17	22	MOTION to Appoint Counsel by ANTHOINE PLUNKETT (jf, ) (Entered: 11/21/2011)
2011-11-17	23	MOTION for in camera inspection by ANTHOINE PLUNKETT (jf, ) (Entered: 11/21/2011)
2011-11-17	24	Memorandum in opposition to re 16 MOTION for Partial Summary Judgment filed by ANTHOINE PLUNKETT. (Attachments: # 1 Exhibit)(jf, ) (Entered: 11/21/2011)
2011-11-17	25	MOTION for Reconsideration re Minute Order filed 10/14/2011, on Motion to Amend/Correct, Order on Motion for Extension of Time to by ANTHOINE PLUNKETT (Attachments: # 1 Exhibit)(jf, ) (Entered: 11/21/2011)
2011-12-20	26	MEMORANDUM OPINION AND ORDER denying plaintiff's motion 25 for reconsideration, and directing defendant to file any supplement to its pending motion for summary judgment on or before January 18, 2012. Signed by Judge Richard W. Roberts on 12/16/2011. (DCL) (Entered: 12/20/2011)
2011-12-20	27	AMENDED COMPLAINT against DEPARTMENT OF JUSTICE filed by ANTHOINE PLUNKETT.(jf, ) (Entered: 12/21/2011)
2011-12-21		Set/Reset Deadlines: Defendant's Supplemental Memoranda due by 1/18/2012. (hs) (Entered: 12/21/2011)
2012-12-10	28	MOTION Requesting Issuance of Writ of Mandamus by ANTHOINE PLUNKETT (rdj) (Entered: 12/12/2012)
2012-12-20	29	Memorandum in opposition to re 28 MOTION Requesting Issuance of Writ of Mandamus filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Certificate of Service)(Vanek, Sean) (Entered: 12/20/2012)
2013-01-11	30	MOTION for Extension of Time by ANTHOINE PLUNKETT (rdj) (Entered: 01/15/2013)
2013-02-13		MINUTE ORDER: It is ORDERED that plaintiff's motion for an extension of time to file a reply in support of his motion for a writ of mandamus 30 shall be, and hereby is, GRANTED nunc pro tunc as unopposed. Issued by Judge Richard W. Roberts on 2/13/13.(ah) (Entered: 02/13/2013)
2013-02-20	31	MEMORANDUM OPINION AND ORDER granting in part and denying in part without prejudice 16 Defendant's Motion for Partial Summary Judgment; denying 22 Plaintiff's Motion to Appoint Counsel ; denying 23 Plaintiff's Motion for in camera inspection; denying 28 Plaintiff's Motion for a writ of mandamus; directing the Defendant to process any remaining responsive records and to supplement the record with a properly supported summary judgment motion by March 22, 2013. Signed by Judge Richard W. Roberts on 2/20/13.(ah) Modified on 2/21/2013 (ztnr, ). (Entered: 02/20/2013)
2013-03-21	32	MOTION for Reconsideration re 31 MEMORANDUM OPINION AND ORDER by ANTHOINE PLUNKETT (Attachments: # 1 Exhibit)(rdj) (Entered: 03/22/2013)
2013-03-21	34	MOTION FOR AMENDED OR ADDITIONAL FINDINGS PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 52(b by ANTHOINE PLUNKETT (rdj) (Entered: 03/22/2013)
2013-03-21	35	MOTION to Stay of the Proceedings to Enforce Judgment by ANTHOINE PLUNKETT (rdj) (Entered: 03/22/2013)
2013-03-22	33	MOTION for Extension of Time to Renew Summary Judgment Motion by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Certificate of Service)(Vanek, Sean) (Entered: 03/22/2013)
2013-04-05	39	MOTION to Supplement Pleading re 32 MOTION for Reconsideration re 31 Order on Motion for Partial Summary Judgment, Order on Motion to Appoint Counsel, Order on Motion for Miscellaneous Relief,,,,,,,,, by ANTHOINE PLUNKETT (Attachments: # 1 Exhibit Motion for Reconsideration)(jf, ) (Entered: 04/12/2013)
2013-04-12	36	MOTION for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Text of Proposed Order, # 4 Declaration Brooks, # 5 Declaration Boseker, # 6 Declaration Bordley, # 7 Certificate of Service)(Vanek, Sean) (Entered: 04/12/2013)
2013-04-12		MINUTE ORDER: It is ORDERED that Defendant's motion for an enlargement of time to April 12, 2013, to file its renewed summary judgment motion 33 shall be, and hereby is, GRANTED as unopposed. Issued by Judge Richard W. Roberts on 4/12/13.(ah) (Entered: 04/12/2013)
2013-04-12	37	ORDER denying as premature 32 Plaintiff's Motion for Reconsideration; 34 Plaintiff's Motion to Amend/Correct findings; 35 Plaintiff's Motion to Stay execution of the judgment (see order for details). Signed by Judge Richard W. Roberts on 4/12/13.(ah) (Entered: 04/12/2013)
2013-04-12	38	Order advising plaintiff to respond by May 20, 2013, to defendant's summary judgment motion or risk summary dismissal of the case or entry of judgment for defendant (see order for details). Signed by Judge Richard W. Roberts on 4/12/13.(ah) (Entered: 04/12/2013)
2013-04-12		MINUTE ORDER: In light of the order issued today denying as premature plaintiff's motion to reconsider, it is ORDERED that plaintiff's motion to supplement the motion to reconsider 39 shall be, and hereby is, DENIED. Issued by Judge Richard W. Roberts on 4/12/13.(ah) (Entered: 04/12/2013)
2013-05-06	40	NOTICE OF SUBSTITUTION OF COUNSEL by Michelle Jean Seo on behalf of DEPARTMENT OF JUSTICE Substituting for attorney Sean J. Vanek (Seo, Michelle) (Entered: 05/06/2013)
2013-05-20	41	MOTION for Extension of Time to File Response as to 36 MOTION for Summary Judgment by ANTHOINE PLUNKETT (jf, ) (Entered: 05/22/2013)
2013-05-23	42	NOTICE of Supplemental Service by DEPARTMENT OF JUSTICE re Order on Motion for Extension of Time to (Seo, Michelle) (Entered: 05/23/2013)
2013-06-21	43	MOTION for Extension of Time to File Response as to 36 MOTION for Summary Judgment by ANTHOINE PLUNKETT (jf, ) (Entered: 06/25/2013)
2013-07-08	44	MOTION for Leave to File Excess Pages by ANTHOINE PLUNKETT (Attachments: # 1 Exhibit Opposition)(td, ) (Entered: 07/11/2013)
2013-07-12		MINUTE ORDER: It is ORDERED that plaintiff's motion for an extension of time to respond to defendant's renewed summary judgment motion 41 shall be, and hereby is, GRANTED nunc pro tunc as unopposed. Issued by Judge Richard W. Roberts on 7/12/13.(ah) (Entered: 07/12/2013)
2013-07-12		MINUTE ORDER: It is ORDERED that plaintiff's motion for an extension of time to respond to defendant's renewed summary judgment motion 43 shall be, and hereby is, GRANTED nunc pro tunc as unopposed. Issued by Judge Richard W. Roberts on 7/12/13.(ah) (Entered: 07/12/2013)
2013-11-06		MINUTE ORDER: It is ORDERED that plaintiff's motion for leave to file his excess-paged opposition 44 shall be, and hereby is, GRANTED as unopposed. Issued by Chief Judge Richard W. Roberts on 11/6/13.(ah) Modified on 11/6/2013 (ah, ). (Entered: 11/06/2013)
2013-11-06	45	Memorandum in opposition to re 36 MOTION for Summary Judgment filed by ANTHOINE PLUNKETT. (jf, ) (Entered: 11/06/2013)
2013-11-14	46	MOTION for Extension of Time to File Response/Reply to Plaintiff's Opposition by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Seo, Michelle) (Entered: 11/14/2013)
2013-11-27	47	NOTICE OF SUBSTITUTION OF COUNSEL by Wenqiong Fu on behalf of All Defendants Substituting for attorney Michelle J. Seo (Attachments: # 1 Certificate of Service)(Fu, Wenqiong) (Entered: 11/27/2013)
2013-12-09	48	MOTION for Extension of Time to File Response/Reply to Plaintiff's Opposition by DEPARTMENT OF JUSTICE (Attachments: # 1 Certificate of Service, # 2 Text of Proposed Order)(Fu, Wenqiong) (Entered: 12/09/2013)
2013-12-09		MINUTE ORDER: It is ORDERED that 46 defendant's motion for an enlargement of time to file a reply shall be, and hereby is, GRANTED nunc pro tunc as unopposed. Issued by Chief Judge Richard W. Roberts on 12/9/13.(ah) (Entered: 12/09/2013)
2014-01-06		MINUTE ORDER: It is ORDERED that 48 defendant's motion for an enlargement of time to file a reply by January 21, 2014, shall be, and hereby is, GRANTED nunc pro tunc as unopposed. Issued by Chief Judge Richard W. Roberts on 1/6/14.(ah) (Entered: 01/06/2014)
2014-01-21	49	REPLY to Opposition re 36 Renewed Motion for Summary Judgment filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Certificate of Service, # 2 Declaration, # 3 Declaration)(Fu, Wenqiong) Modified on 1/21/2014 to correct docket text (jf, ). (Entered: 01/21/2014)
2014-03-06	50	LEAVE TO FILE DENIED- Plaintiff's Reply to Defendant's Reply to Plaintiff's Opposition to Defendant's Renewed Motion for Summary Judgment This document is unavailable as the Court denied its filing.. " Leave to file surreply DENIED" Signed by Chief Judge Richard W. Roberts on 03/04/2014. (jf, ) (Entered: 03/06/2014)
2014-03-14	51	MOTION for Leave to File Surreply by ANTHOINE PLUNKETT (Attachments: # 1 Exhibit Surreply)(jf, ) (Entered: 03/18/2014)
2014-03-28	52	NOTICE OF SUBSTITUTION OF COUNSEL by Dionne S. Shy on behalf of All Defendants Substituting for attorney Wenqiong Fu (Shy, Dionne) (Entered: 03/28/2014)
2014-04-14		MINUTE ORDER: It is ORDERED that plaintiff's motion 51 for leave to file the attached surreply shall be, and hereby is, GRANTED as unopposed. Issued by Chief Judge Richard W. Roberts on 4/14/14.(ah) (Entered: 04/14/2014)
2014-04-14	53	SURREPLY to re 36 MOTION for Summary Judgment filed by ANTHOINE PLUNKETT. (jf, ) (Entered: 04/15/2014)
2014-08-29	54	NOTICE OF WITHDRAWAL OF APPEARANCE as to DEPARTMENT OF JUSTICE. Attorney Dionne S. Shy terminated. (Shy, Dionne) (Entered: 08/29/2014)
2014-09-23	55	NOTICE of Appearance by Jodi T. George on behalf of All Defendants (George, Jodi) (Entered: 09/23/2014)
2014-11-18		Case randomly reassigned to Judge Randolph D. Moss. Chief Judge Richard W. Roberts no longer assigned to the case. (gt, ) (Entered: 11/18/2014)
2014-12-15	56	NOTICE of Change of Address by ANTHOINE PLUNKETT (rdj) (Entered: 12/16/2014)
2015-09-01	57	MEMORANDUM AND OPINION. Signed by Judge Randolph D. Moss on 9/1/2015. (lcrdm2, ) (Entered: 09/01/2015)
2015-09-01	58	ORDER. Defendant's Motion for Summary Judgment 36 is GRANTED in part and DENIED in part. Defendant may file a renewed motion for summary judgment on or before October 2, 2015. Plaintiff may file any opposition on or before October 26, 2015. Defendant may file any reply on or before November 16, 2015. See Order for details. Signed by Judge Randolph D. Moss on 9/1/2015. (lcrdm2, ) (Entered: 09/01/2015)
2015-09-02		Set/Reset Deadlines: Defendant may file a renewed motion for summary judgment on or before 10/2/2015; Plaintiff may file any opposition on or before 10/26/2015; Defendant may file any reply on or before 11/16/2015. (kt) (Entered: 09/02/2015)
2015-09-30	59	MOTION for Summary Judgment Renewed by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order, # 2 Memorandum in Support, # 3 Statement of Facts, # 4 Declaration with Exhibit A, # 5 Exhibit B)(George, Jodi) (Entered: 09/30/2015)
2015-10-01	60	Order advising Plaintiff to respond by October 26, 2015, to Defendant's renewed summary judgment motion or risk entry of judgment for Defendant on what may be treated as a conceded motion (see written order for details). Signed by Judge Randolph D. Moss on 10/1/15.(ah) (Entered: 10/01/2015)
2015-10-01		Set/Reset Deadline: Plaintiff to respond by 10/26/2015, to Defendant's renewed summary judgment motion. (kt) (Entered: 10/01/2015)
2015-10-28	61	MOTION for Extension of Time to File Response/Reply as to 59 MOTION for Summary Judgment Renewed by ANTHOINE PLUNKETT (td) (Entered: 10/29/2015)
2015-10-29		MINUTE ORDER: Upon consideration of Plaintiff's Motion for Extension of Time to File Response/Reply 61 , it is hereby ORDERED that the motion is GRANTED. Plaintiff shall file his response to Defendant's renewed Motion for Summary Judgment 59 on or before November 26, 2015. Signed by Judge Randolph D. Moss on 10/29/2015. (lcrdm1, ) (Entered: 10/29/2015)
2015-10-30		Set/Reset Deadline: Plaintiff shall file his response to Defendant's renewed Motion for Summary Judgment 59 on or before 11/26/2015. (kt) (Entered: 10/30/2015)
2015-11-30	62	MOTION for Extension of Time to File Response/Reply as to 59 MOTION for Summary Judgment Renewed by ANTHOINE PLUNKETT (zrdj) (Entered: 12/02/2015)
2015-12-02		MINUTE ORDER: Upon consideration of Plaintiff's Motion for Extension of Time to File Response/Reply 62 , it is hereby ORDERED that the motion is GRANTED. Plaintiff shall file his response to Defendant's Renewed Motion for Summary Judgment 59 on or before December 26, 2015. Signed by Judge Randolph D. Moss on 12/02/2015. (lcrdm1, ) (Entered: 12/02/2015)
2015-12-28	64	Memorandum in opposition to re 59 MOTION for Summary Judgment Renewed filed by ANTHOINE PLUNKETT. (zrdj) (Entered: 12/30/2015)
2015-12-29	63	NOTICE OF SUBSTITUTION OF COUNSEL by Britney Berry on behalf of DEPARTMENT OF JUSTICE Substituting for attorney Jodi George (Berry, Britney) (Entered: 12/29/2015)
2016-01-07	65	MOTION for Extension of Time to Reply to Plaintiff's Opposition to Defendant's Renewed Motion for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Berry, Britney) (Entered: 01/07/2016)
2016-01-08		MINUTE ORDER: Upon consideration of Defendant's Motion for Extension of Time 65 , it is hereby ORDERED that the motion is GRANTED. Defendant shall file its reply on or before January 28, 2016. Signed by Judge Randolph D. Moss on 1/8/2016. (lcrdm1, ) (Entered: 01/08/2016)
2016-01-08		Set/Reset Deadline: Defendant shall file its reply on or before 1/28/2016. (kt) (Entered: 01/08/2016)
2016-01-28	66	REPLY to opposition to motion re 59 MOTION for Summary Judgment Renewed filed by DEPARTMENT OF JUSTICE. (Berry, Britney) (Entered: 01/28/2016)
2016-02-26	67	MOTION for Leave to File Surreply by ANTHOINE PLUNKETT (Attachments: # 1 Exhibit - proposed surreply)(zrdj) (Entered: 03/01/2016)
2016-03-09	68	Memorandum in opposition to re 67 MOTION for Leave to File a Surreply filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Berry, Britney) (Entered: 03/09/2016)
2016-04-13	69	MOTION for Extension of Time to File Response/Reply as to 67 MOTION for Leave to File by ANTHOINE PLUNKETT (zrdj) (Entered: 04/14/2016)
2016-04-18		MINUTE ORDER: Upon consideration of Plaintiff's Motion for Leave to File Surreply 67 and Defendant's Memorandum in Opposition to it 68 , it is hereby ORDERED that the motion is GRANTED. Plaintiff's Surreply is hereby deemed timely filed. It is further ORDERED that Plaintiff's Motion for Extension of Time 69 is DENIED as moot. Signed by Judge Randolph D. Moss on 4/18/2016. (lcrdm1, ) (Entered: 04/18/2016)
2016-04-18	70	SURREPLY to re 59 MOTION for Summary Judgment Renewed filed by ANTHOINE PLUNKETT. (zrdj) (Entered: 04/18/2016)
2016-05-13	71	NOTICE OF SUBSTITUTION OF COUNSEL by Michael Benjamin Posner on behalf of DEPARTMENT OF JUSTICE Substituting for attorney Britney Berry (Posner, Michael) (Entered: 05/13/2016)
2016-08-02		MINUTE ORDER: Defendants' Renewed Motion for Summary Judgment 59 relies on at least one declaration that was not signed under penalty of perjury. See Dkt. 59-4. Defendants are reminded that declarations must comply with the requirements of 28 U.S.C. § 1746. It is hereby ORDERED that on or before August 12, 2016, Defendants shall ensure that all declarations on which it wishes the Court to rely in ruling on the pending motion conform to the requirements of 28 U.S.C. § 1746. Signed by Judge Randolph D. Moss on 8/2/2016. (lcrdm1, ) (Entered: 08/02/2016)
2016-08-02		Set/Reset Deadlines: On or before 8/12/2016, Defendants shall ensure that all declarations on which it wishes the Court to rely in ruling on the pending motion conform to the requirements of 28 U.S.C. § 1746. (kt) (Entered: 08/02/2016)
2016-08-09	72	RESPONSE TO ORDER OF THE COURT re Order,, filed by DEPARTMENT OF JUSTICE, JOHN AND JANE DOE. (Attachments: # 1 Declaration)(Posner, Michael) (Entered: 08/09/2016)
2016-08-24	73	MEMORANDUM OPINION AND ORDER: It is hereby ORDERED that the Department's renewed motion for summary judgment 59 is GRANTED in part and DENIED in part. The Department shall supplement the record as to the disposition of records referred to BOP and file a renewed motion for summary judgment, not to exceed five pages, on or before September 16, 2016. See document for details. Signed by Judge Randolph D. Moss on 8/24/2016. (lcrdm1, ) (zkt). (Entered: 08/24/2016)
2016-08-25		Set/Reset Deadlines: Department shall supplement the record as to the disposition of records referred to BOP and file a renewed motion for summary judgment, not to exceed five pages, on or before 9/16/2016. (kt) (Entered: 08/25/2016)
2016-09-12	74	MOTION for Summary Judgment by DEPARTMENT OF JUSTICE, JOHN AND JANE DOE (Attachments: # 1 Declaration of Eugene Baime with Exhibits)(Posner, Michael) (Entered: 09/12/2016)
2016-09-13	75	Order advising Plaintiff to respond by October 14, 2016, to Defendant's renewed summary judgment motion or risk entry of judgment for Defendant on what may be treated as a conceded motion (see written order for details). Signed by Judge Randolph D. Moss on 9/13/2016. (lcrdm1, ) (Entered: 09/13/2016)
2016-09-13		Set/Reset Deadlines: Plaintiff to respond by 10/14/2016, to Defendant's renewed summary judgment motion. (kt) (Entered: 09/13/2016)
2016-10-17	76	Memorandum in opposition to re 74 MOTION for Summary Judgment filed by ANTHOINE PLUNKETT. (zrdj) (Entered: 10/19/2016)
2016-10-21	77	REPLY to opposition to motion re 74 MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE, JOHN AND JANE DOE. (Posner, Michael) (Entered: 10/21/2016)
2016-10-31	78	NOTICE OF SUBSTITUTION OF COUNSEL by Christopher Charles Hair on behalf of All Defendants Substituting for attorney Michael B. Posner (Hair, Christopher) (Entered: 10/31/2016)
2016-11-10	79	MOTION for Leave to Surreply by ANTHOINE PLUNKETT (Attachments: # 1 Exhibit)(zrdj) (Entered: 11/14/2016)
2017-04-07	80	MEMORANDUM OPINION: The Court will GRANT the Department's motion for summary judgment 74 and will GRANT Plunkett's motion for leave to file a surreply 79 . See attached document for details. A separate Order 81 will issue. Signed by Judge Randolph D. Moss on 4/7/2017. (lcrdm1, ) (Entered: 04/07/2017)
2017-04-07	81	ORDER: For the reasons stated in the Court's concurrently issued Memorandum Opinion, Dkt. 80 , the Court hereby ORDERS that the the Department's motion for summary judgment 74 is GRANTED; that Plunkett's motion for leave to file a surreply 79 is GRANTED; that Dkt. [79-1] is deemed FILED; and that final judgment is entered in favor of the Department. See document for details. Signed by Judge Randolph D. Moss on 4/7/2017. (lcrdm1, ) (Entered: 04/07/2017)
2017-04-07	82	SURREPLY to re 74 MOTION for Summary Judgment filed by ANTHOINE PLUNKETT. (jf) (Entered: 04/10/2017)
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