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Case TitleGAMBOA v. EXECUTIVE OFFICE OF U.S. ATTORNEY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2012cv01220
Date Filed2012-07-24
Date Closed2015-09-01
JudgeJudge Richard J. Leon
PlaintiffEDGAR MOSQUERA GAMBOA
DefendantEXECUTIVE OFFICE OF U.S. ATTORNEYS
DefendantFEDERAL BUREAU OF INVESTIGATION
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [40]
FOIA Project Annotation: Judge Richard Leon ruled that various Justice Department components conducted an adequate search for records related to the seizure of property from Edgar Gamboa as a result of a money laundering and drug trafficking investigation. After the FBI and the DEA released redacted copies of about 300 pages, Gamboa challenged the agencies' searches because they had not found records concerning the seizure of his property. He argued that "because the government has an affirmative obligation to maintain records regarding seized property, defendants' inability to locate such records is evidence of wrongdoing." Leon disagreed, noting that "the only purported genuine issue of material fact asserted by plaintiff goes to the validity of the underlying seizure or forfeiture of assets, not the adequacy of the searches for records. Plaintiff's unsupported speculation as to the existence of records that defendants have not produced is not sufficient to withstand defendants' showing on summary judgment at least with respect to the EOUSA and the FBI." However, he explained that the DEA "does not describe a search at all, and, thus, neither plaintiff nor the Court can assess whether its search was reasonable under the circumstances." He found the agencies had shown that the records were created for law enforcement purposes, but that, in several instances, the FBI had failed to substantiate its Exemption 7(D) (confidential sources) claims. He found the FBI's claims that informants received an implicit assurance of confidentiality lacking, observing that "missing from the declaration is any explanation as to the connection between the source(s) and plaintiff or his criminal activities. Nor is there any description of the circumstances which purportedly gave rise to the implication that the source(s) provided information to the FBI only with the understanding that their identities and the information they provided would not be released to the public." He also rejected claims under Exemption 7(F) (harm to individual), pointing out that the agencies failed "to adequately demonstrate a connection between the protected individuals and the purported reasonable expectation that their lives or physical safety will be endangered as a result of disclosure."
Issues: Exemption 7(D) - Assurance of confidentiality - Implicit, Exemption 7 - Law enforcement records, Adequacy - Search, Exemption 7(F) - Harm to safety of any person
Opinion/Order [57]
FOIA Project Annotation: After previously finding the FBI and the DEA had not justified their search or exemption claims, Judge Richard Leon has ruled that the agencies had provided sufficient explanation for withholding records from Edgar Mosquera Gamboa under Exemption 7(D) (confidential sources) and Exemption 7(F) (harm to any person). Gamboa's request had included two laboratory reports associated with his case. Although the paucity of information in his request made it difficult to search for the lab reports, the agency conducted a search of its database and ultimately found the reports. Gamboa argued that the government had seized a large amount of property from him and that it was required to explain what happened to the seized property. Leon agreed with the FBI's claims under Exemption 7(D). He approved of the withholding of an administrative subpoena issued to a service provider, agreeing with the agency's characterization that "after considering the need for the subpoena and the source's entitlement to compensation for having produced the information, the FBI deemed it 'reasonable to infer that these sources provided the information with the expectation of confidentiality.'" Based on the nature of the crimes, Leon agreed that 7(F) was also appropriate. He observed that "aside from his broad, and unsupported, assertions that defendants' FOIA withholdings were inappropriate, plaintiff fails to show that defendants' reliance on Exemption 7(F) is improper. Nor, for that matter, does plaintiff rebut defendants' credible assertion that release of the requested information could pose a substantial safety risk to the individuals involved."
Issues: Exemption 7(D) - Confidential sources, Exemption 7(F) - Harm to safety of any person
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2012-07-241COMPLAINT against EXECUTIVE OFFICE OF U.S. ATTORNEY, FEDERAL BUREAU OF INVESTIGATION filed by EDGAR MOSQUERA GAMBOA. (Attachments: # 1 Civil Cover Sheet)(dr) (Entered: 07/24/2012)
2012-07-242MOTION for Leave to Proceed in forma pauperis by EDGAR MOSQUERA GAMBOA (dr) (Entered: 07/24/2012)
2012-07-243PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by EDGAR MOSQUERA GAMBOA (dr) (Entered: 07/24/2012)
2012-07-244ORDER directing an initial partial filing fee in the amount of $46.80 from Prison Account of EDGAR MOSQUERA GAMBOA; further ordered, granting 2 MOTION to Proceed in forma pauperis (See Order for Full Details). Signed by Judge Richard J. Leon on 07/19/2012. (dr) (Entered: 07/24/2012)
2012-07-24SUMMONS (4) Issued as to EXECUTIVE OFFICE OF U.S. ATTORNEY, FEDERAL BUREAU OF INVESTIGATION, U.S. Attorney and U.S. Attorney General (dr) (Entered: 07/24/2012)
2012-07-255RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 7/25/2012, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 07/25/2012. (jf, ) Modified on 7/27/2012 (znmw, ). (Entered: 07/26/2012)
2012-07-316RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. EXECUTIVE OFFICE OF U.S. ATTORNEY served on 7/31/2012; RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/31/2012. ( Answer due for ALL FEDERAL DEFENDANTS by 8/30/2012.) (dr) (Entered: 08/01/2012)
2012-08-307NOTICE of Appearance by Sean Joseph Vanek on behalf of All Defendants (Attachments: # 1 Certificate of Service)(Vanek, Sean) (Entered: 08/30/2012)
2012-08-308MOTION for Extension of Time to Respond to the Complaint by EXECUTIVE OFFICE OF U.S. ATTORNEY, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Vanek, Sean) (Entered: 08/30/2012)
2012-09-05MINUTE ORDER granting nunc pro tunc 8 Defendants' Motion for Enlargement of Time. It is hereby ORDERED that the motion is GRANTED nunc pro tunc and that defendants have up to and including October 15, 2012 to respond to the complaint. Signed by Judge Richard J. Leon on 9/5/12. (lcrjl2) (Entered: 09/05/2012)
2012-09-11Set/Reset Deadlines: defendants answer/response to complaint due by 10/15/2012. (kc ) (Entered: 09/11/2012)
2012-10-159MOTION for Extension of Time to Respond to the Complaint by EXECUTIVE OFFICE OF U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Vanek, Sean) (Entered: 10/15/2012)
2012-11-01MINUTE ORDER granting nunc pro tunc 9 Defendants' Motion for Enlargement of Time. It is hereby ORDERED that defendants' motion is GRANTED nunc pro tunc and that defendants have up to and including November 14, 2012 to respond to plaintiff's complaint. Signed by Judge Richard J. Leon on 11/1/12. (lcrjl2) (Entered: 11/01/2012)
2012-11-1410STATUS REPORT by EXECUTIVE OFFICE OF U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Vanek, Sean) (Entered: 11/14/2012)
2012-12-0311RESPONSE re 10 Status Report filed by EDGAR MOSQUERA GAMBOA. (jf, ) (Entered: 12/06/2012)
2012-12-06MINUTE ORDER. On consideration of Defendants' Status Report [Dkt. #10], it is hereby ORDERED that, not later than 1/13/13, Defendants shall file a status report regarding the FBI's time frame for retrieving and processing any remaining records, propose a production schedule for releasing any remaining responsive records, and propose a briefing schedule for any dispositive motions. Signed by Judge Richard J. Leon on 12/6/12. (lcrjl2) (Entered: 12/06/2012)
2013-01-1412STATUS REPORT by EXECUTIVE OFFICE OF U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Vanek, Sean) (Entered: 01/14/2013)
2013-01-31MINUTE STATUS REPORT ORDER: On consideration of Defendants' Status Report [Dkt. #12], it is hereby ORDERED that, not later than 3/15/13, Defendants shall file a status report indicating Defendant FBI's estimated time frame for processing and producing any remaining records, and propose a briefing schedule for any dispositive motions. Signed by Judge Richard J. Leon on 1/31/13. (lcrjl2) (Entered: 01/31/2013)
2013-03-1513STATUS REPORT by EXECUTIVE OFFICE OF U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Vanek, Sean) (Entered: 03/15/2013)
2013-03-28MINUTE ORDER. On consideration of defendants' Status Report [Dkt. #13], it is hereby ORDERED that, not later than April 15, 2013, defendants shall file a status report and a proposed briefing schedule for any dispositive motions. Signed by Judge Richard J. Leon on 3/2813. (lcrjl2) (Entered: 03/28/2013)
2013-04-1414STATUS REPORT by EXECUTIVE OFFICE OF U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Vanek, Sean) (Entered: 04/14/2013)
2013-04-17MINUTE SCHEDULING ORDER: On review of defendants' Status Report [Dkt. #14], it is hereby ORDERED that defendants shall file any dispositive motion by 5/31/2013; plaintiff shall file his opposition and/or cross-motion by 6/28/13; defendants shall file a reply and/or opposition by 7/12/13; and plaintiff shall file his reply, if any, by 7/26/13. Signed by Judge Richard J. Leon on 4/17/13. (lcrjl2) (Entered: 04/17/2013)
2013-04-17Set/Reset Deadlines: defendants dispositive motions due by 5/31/2013. plaintiffs opposition and /or cross motions due by 6/28/2013. defendants reply due by 7/12/2013. plaintiffs reply due by 7/26/2013. (kc ) (Entered: 04/17/2013)
2013-05-0115NOTICE OF SUBSTITUTION OF COUNSEL by Michelle Jean Seo on behalf of EXECUTIVE OFFICE OF U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION Substituting for attorney Sean J. Vanek (Seo, Michelle) (Entered: 05/01/2013)
2013-05-2916MOTION for Extension of Time to File Response/Reply to Plaintiff's Complaint by EXECUTIVE OFFICE OF U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Seo, Michelle) (Entered: 05/29/2013)
2013-06-06MINUTE ORDER granting 16 Motion for Extension of Time to File Response/Reply. It is hereby ORDERED that the motion is GRANTED and defendants shall file a dispositive motion by 7/1/13; plaintiff shall file opposition and/or cross-motion by 8/1/13; defendants shall file reply and/or opposition by 9/3/13; and plaintiff shall file reply by 9/24/13. Signed by Judge Richard J. Leon on 6/6/13. (lcrjl2) (Entered: 06/06/2013)
2013-06-12Set/Reset Deadlines: Cross Motions due by 8/1/2013. Response to Cross Motions due by 9/3/2013. Reply to Cross Motions due by 9/24/2013. Dispositive Motions due by 7/1/2013. Response to Dispositive Motions due by 8/1/2013. Reply to Dispositive Motions due by 9/3/2013. (tb, ) (Entered: 06/12/2013)
2013-06-2617MOTION for Extension of Time to File Response/Reply to Plaintiff's Complaint by EXECUTIVE OFFICE OF U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Seo, Michelle) (Entered: 06/26/2013)
2013-06-28MINUTE ORDER granting 17 Motion for Extension of Time to File Response/Reply. It is hereby ORDERED that the motion is GRANTED and Defendants' response shall be due on August 2, 2013. Signed by Judge Richard J. Leon on 6/28/13. (lcrjl2) (Entered: 06/28/2013)
2013-07-01Set/Reset Deadlines: Defendants' answer/response due by 8/2/2013. (kc ) (Entered: 07/01/2013)
2013-07-05MINUTE ORDER: It is hereby ORDERED that plaintiff shall file his opposition and/or cross motion by 9/2/13; defendants shall file a reply and/or opposition by 10/2/13; and plaintiff shall file his reply by 11/1/13. Signed by Judge Richard J. Leon on 7/5/13. (lcrjl2) (Entered: 07/05/2013)
2013-07-08Set/Reset Deadlines: plaintiffs opposition/cross motion due by 9/2/2013. defendants reply/opposition due by 10/2/2013. plaintiff reply due by 11/1/2013. (kc ) (Entered: 07/08/2013)
2013-08-0118MOTION for Extension of Time to File Response/Reply to Plaintiff's Complaint and a Modified Briefing Schedule by EXECUTIVE OFFICE OF U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Seo, Michelle) (Entered: 08/01/2013)
2013-08-1919ORDER granting 18 re 18 MOTION for Extension of Time to File Response/Reply to Plaintiff's Complaint and a Modified Briefing Schedule. Defendant's response due by 9/3/2013; Plaintiff's Opposiiton/Cross-Motion due by 10/3/2013; Defendant's Reply/Opposition due by 11/4/2013; Plaintiff's reply due by 12/4/2013. Signed by Judge Richard J. Leon on 8/15/2013.(see order) (kc) (Entered: 08/19/2013)
2013-09-0320MOTION for Extension of Time to File Response/Reply to Plaintiff's Complaint by EXECUTIVE OFFICE OF U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Seo, Michelle) (Entered: 09/03/2013)
2013-09-0921MOTION to Amend/Correct 1 Complaint by EDGAR MOSQUERA GAMBOA (Attachments: # 1 Exhibit Amended Complaint, # 2 Exhibits to the Amended Complaint)(jf, ) (Entered: 09/17/2013)
2013-09-12MINUTE ORDER granting 20 Motion for Extension of Time to File Response/Reply. It is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that defendants shall file a dispositive motion by 9/23/13; plaintiff shall file opposition and/or cross-motion by 10/23/13; defendants shall file reply and/or opposition by 11/13/13; and plaintiff shall file reply by 12/13/13. Signed by Judge Richard J. Leon on 9/12/13. (lcrjl2) (Entered: 09/12/2013)
2013-09-12Set/Reset Deadlines: Cross Motions due by 10/23/2013. Response to Cross Motions due by 11/13/2013. Reply to Cross Motions due by 12/13/2013. Dispositive Motions due by 9/23/2013. Response to Dispositive Motions due by 10/23/2013. Reply to Dispositive Motions due by 11/13/2013. (tb, ) (Entered: 09/12/2013)
2013-09-2022MOTION for Extension of Time to File Response/Reply to Plaintiff's Complaint by EXECUTIVE OFFICE OF U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Seo, Michelle) (Entered: 09/20/2013)
2013-09-2723MEMORANDUM OPINION AND ORDER : It is hereby ordered that plaintiff's 21 Motion to Amend/Correct Complaint is hereby DENIED WITHOUT PREJUDICE. It is further ordered that the defendant's 22 Motion for Extension of Time to File Response/Reply is hereby GRANTED. It is further ordered that the defendants shall file their Answer or other response to the complaint not later than Octer 29, 2013. No further extensions of time will be granted absent extraordinary circummstances. Signed by Judge Richard J. Leon on 09/26/13. (tb, ) (Entered: 09/27/2013)
2013-09-27Set/Reset Deadlines: Answer due by 10/29/2013. (tb, ) (Entered: 09/27/2013)
2013-10-2824MOTION for Extension of Time to File Response/Reply to Plaintiff's Complaint by EXECUTIVE OFFICE OF U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Seo, Michelle) (Entered: 10/28/2013)
2013-10-2825Memorandum in opposition to re 24 MOTION for Extension of Time to File Response/Reply to Plaintiff's Complaint filed by EDGAR MOSQUERA GAMBOA. (jf, ) (Entered: 10/29/2013)
2013-11-0526MOTION for Summary Judgment by EXECUTIVE OFFICE OF U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Statement of Facts, # 2 Declaration Luczynski, # 3 Declaration Stennett, # 4 Declaration Hardy, # 5 Exhibit to Hardy Decl., # 6 Declaration Little, # 7 Declaration Aronica, # 8 Text of Proposed Order)(Seo, Michelle) (Entered: 11/05/2013)
2013-11-06MINUTE ORDER granting nunc pro tunc 24 Motion for Extension of Time to File Response/Reply. It is hereby ORDERED that the motion is GRANTED nunc pro tunc. It is further ORDERED that defendants' response shall be due on 11/5/13. Signed by Judge Richard J. Leon on 11/6/13. (lcrjl2) (Entered: 11/06/2013)
2013-11-0827MOTION for Extension of Time to File Response/Reply 23 to this Court's Memorandum Opinion and Order by EDGAR MOSQUERA GAMBOA (td, ) (Entered: 11/12/2013)
2013-11-1328ORDER re: 26 MOTION for Summary Judgment filed by EXECUTIVE OFFICE OF U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION. Plaintiff's response to Motion for Summary Judgment due by 12/13/2013. If plaintiff does not respond by that date, the Court may treat the motion as conceded and may enter judgment for the defendants. Signed by Judge Richard J. Leon on 11/10/13. (tb, ) (Entered: 11/13/2013)
2013-11-18MINUTE ORDER denying 27 Motion for Extension of Time to Respond to this Court's Memorandum Opinion and Order. It is hereby ORDERED that the Motion is DENIED. It is further ORDERED that the Clerk of Court shall mail a copy of the Court's September 27, 2013 Memorandum Opinion and Order [ECF No. 23] to plaintiff at his address of record. Signed by Judge Richard J. Leon on 11/18/13. (lcrjl2) (Entered: 11/18/2013)
2013-11-2729NOTICE 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)
2013-12-0530Mail Returned as undeliverable. Copies of the Minute Order filed on 11/06/13 and the Order 28 filed on 11/03/13 were both remailed to the Mr. Gamboa at the updated address on the docket on 12/06/13. (tb, ) (Entered: 12/05/2013)
2013-12-0531MOTION for Extension of Time to File Response/Reply as to 26 MOTION for Summary Judgment by EDGAR MOSQUERA GAMBOA (rdj) (Entered: 12/09/2013)
2013-12-14MINUTE ORDER granting 31 Motion for Extension of Time to File Response/Reply re 26 MOTION for Summary Judgment. It is hereby ORDERED that plaintiff shall file his opposition to defendant's Motion for Summary Judgment no later than 12/19/2013. Signed by Judge Richard J. Leon on 12/14/13. (lcrjl2, ) (Entered: 12/14/2013)
2013-12-2632Memorandum in opposition to re 26 MOTION for Summary Judgment filed by EDGAR MOSQUERA GAMBOA. (Attachments: # 1 Exhibit)(jf, ) (Entered: 12/27/2013)
2013-12-2733SUPPLEMENTAL MEMORANDUM to re 32 Memorandum in Opposition filed by EDGAR MOSQUERA GAMBOA. (rdj) (Entered: 12/30/2013)
2013-12-3034MOTION for Extension of Time to File Response/Reply to Plaintiff's Opposition by EXECUTIVE OFFICE OF U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Certificate of Service, # 2 Text of Proposed Order)(Fu, Wenqiong) (Entered: 12/30/2013)
2014-01-03MINUTE ORDER granting 34 Motion for Extension of Time to Reply to Plaintiff's Opposition. It is hereby ORDERED that the motion is GRANTED and defendants' reply to to plaintiff's opposition shall be filed by 2/6/2014. Signed by Judge Richard J. Leon on 1/3/14. (lcrjl2, ) (Entered: 01/03/2014)
2014-01-08Set/Reset Deadlines: Reply due by 2/6/2014. (tb, ) (Entered: 01/08/2014)
2014-01-2235MOTION for Extension of Time to File Response as to 26 MOTION for Summary Judgment by EDGAR MOSQUERA GAMBOA (jf, ) (Entered: 01/24/2014)
2014-02-03MINUTE ORDER denying 35 Motion for Extension of Time to Oppose Defendant's Summary Judgment Motion. It is hereby ORDERED that the motion is DENIED as moot. Signed by Judge Richard J. Leon on 2/3/2014. (lcrjl2, ) (Entered: 02/03/2014)
2014-02-0536REPLY to Plaintiff's Opposition re 26 Motion for Summary Judgment filed by EXECUTIVE OFFICE OF U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Certificate of Service)(Fu, Wenqiong) Modified to add link on 2/6/2014 (znmw, ). (Entered: 02/05/2014)
2014-03-0637LEAVE TO FILE DENIED- Plaintiff's Reply to Defendant's Reply This document is unavailable as the Court denied its filing.. "Leave to file DENIED" Signed by Judge Richard J. Leon on 03/05/2014. (jf, ) (Entered: 03/06/2014)
2014-03-2438MOTION for Reconsideration re 37 LEAVE TO FILE DENIED- Plaintiff's Reply to Defendant's Reply This document is unavailable as the Court denied its filing.. "Leave to file DENIED" Signed by Judge Richard J. Leon on 03/05/2014 by EDGAR MOSQUERA GAMBOA (jf, ) (Entered: 03/26/2014)
2014-03-2839NOTICE OF SUBSTITUTION OF COUNSEL by Dionne S. Shy on behalf of All Defendants Substituting for attorney Wenqiong Fu (Shy, Dionne) (Entered: 03/28/2014)
2014-08-2640MEMORANDUM AND OPINION. Signed by Judge Richard J. Leon on 08/25/14. (tb, ) (Entered: 08/26/2014)
2014-08-2641ORDER: For reasons set forth in the Memorandum Opinion accompanying this Order; it is hereby ordered that the defendants' 26 Motion for Summary Judgment is GRANTED in part, and DENIED in part, without prejudice, and it is further ordered that, not later than October 3, 2014, defendants shall file a renewed motion for summary judgment. Signed by Judge Richard J. Leon on 08/25/14. (tb, ) (Entered: 08/26/2014)
2014-08-26Set/Reset Deadlines: Renewed Summary Judgment motion due by 10/3/2014. (tb, ) (Entered: 08/26/2014)
2014-08-2942NOTICE OF WITHDRAWAL OF APPEARANCE as to EXECUTIVE OFFICE OF U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION. Attorney Dionne S. Shy terminated. (Shy, Dionne) (Entered: 08/29/2014)
2014-09-2643NOTICE of Appearance by Jodi T. George on behalf of All Defendants (George, Jodi) (Entered: 09/26/2014)
2014-09-2644MOTION for Extension of Time to file Renewed Motion for Summary Judgment by EXECUTIVE OFFICE OF U.S. ATTORNEYS (George, Jodi) (Entered: 09/26/2014)
2014-09-29MINUTE ORDER granting 44 Motion for Extension of Time to File Renewed Motion for Summary Judgment. It is hereby ORDERED that the motion is GRANTED. It is further ORDERED that defendants shall file thier Renewed Motion for Summary Judgment on or before 10/17/2014. Signed by Judge Richard J. Leon on 9/29/14.(lcrjl2, ) (Entered: 09/29/2014)
2014-09-30Set/Reset Deadlines: Defendants Renewed Motion for Summary Judgment is due by 10/17/2014. (jth) (Entered: 09/30/2014)
2014-10-07Set/Reset Deadlines: Renewed Summary Judgment motions due by 10/17/2014. (tb, ) (Entered: 10/07/2014)
2014-10-1745RENEWED MOTION for Summary Judgment Renewed by EXECUTIVE OFFICE OF U.S. ATTORNEYS (Attachments: # 1 Declaration, # 2 Declaration, # 3 Declaration)(George, Jodi) (Entered: 10/17/2014)
2014-10-2046Memorandum in opposition to re 45 RENEWED MOTION for Summary Judgment filed by EDGAR MOSQUERA GAMBOA. (jf, ) (Entered: 10/21/2014)
2014-10-2047Cross MOTION for Partial Summary Judgment, MOTION for Extension of Time by EDGAR MOSQUERA GAMBOA (jf, ). (Entered: 10/21/2014)
2014-10-2148ORDER re 45 RENEWED MOTION for Summary Judgment filed by EXECUTIVE OFFICE OF U.S. ATTORNEYS; it is hereby ordered that the plaintiff shall file a response by 11/20/2014. If the plaintiff does not response by that date, the Court may treat the motion as conceded. Signed by Judge Richard J. Leon on 10/20/14. (tb, ) (Entered: 10/21/2014)
2014-11-0549WITHDRAWN PURSUANT TO MINUTE ORDER FILED 11/18/2014.....Memorandum in opposition to re 45 RENEWED MOTION for Summary Judgment filed by EDGAR MOSQUERA GAMBOA. (jf, ) Modified on 11/19/2014 (znmw, ). (Entered: 11/06/2014)
2014-11-1050MOTION to Withdraw PLAINTIFF'S RENEWED OPPOSITION ANDSUPPLEMENTAL AFFIDAVIT FOR PARTIAL SUMMARY JUDGMENTOF DEFENDANTS' RENEWED MOTION FOR SUMMARY JUDGMENT by EDGAR MOSQUERA GAMBOA (rdj) (Entered: 11/13/2014)
2014-11-18MINUTE ORDER: It is hereby ORDERED that plaintiff's Motion to Withdraw Plaintiff's Renewed Opposition and Supplemental Affidavit for Partial Summary Judgment of Defendants' Renewed Motion for Summary Judgment 50 is GRANTED. Plaintiff's Renewed Opposition and Supplemental Affidavit for Partial Summary Judgment of Defendants' Renewed Motion for Summary Judgment, Supplemental Declaration of Edgar Mosquera Gamboa 49 is hereby WITHDRAWN. It is not clear whether plaintiff also intends to withdraw his Opposition and Cross Motion for Partial Summary Default Judgment and Extension of Time 46 . No later than December 22, 2014, plaintiff shall either: (1) withdraw his Opposition and Cross Motion for Partial Summary Default Judgment and Extension of Time 46 and file a new opposition to defendants' Motion for Summary Judgment, or (2) file a notice with the Court of his intention to rely on his Opposition and Cross Motion for Partial Summary Default Judgment and Extension of Time 46 as written. Signed by Judge Richard J. Leon on 11/18/14. (lcrjl2, ) (Entered: 11/18/2014)
2014-11-19Set/Reset Deadlines: No later than December 22, 2014, plaintiff shall either: (1) withdraw his Opposition and Cross Motion for Partial Summary Default Judgment and Extension of Time 46 and file a new opposition to defendants' Motion for Summary Judgment, or (2) file a notice with the Court of his intention to rely on his Opposition and Cross Motion for Partial Summary Default Judgment and Extension of Time 46 as written. (tb, ) (Entered: 11/19/2014)
2014-11-2051Memorandum in opposition to re 45 RENEWED MOTION for Summary Judgment Renewed filed by EDGAR MOSQUERA GAMBOA. (Attachments: # 1 Exhibit)(jf, ) (Entered: 11/20/2014)
2014-11-2452MOTION for Extension of Time to File a Reply to Plaintiff's Opposition to Defendants' Renewed Motion for Summary Judgment by EXECUTIVE OFFICE OF U.S. ATTORNEYS (George, Jodi) (Entered: 11/24/2014)
2014-12-01MINUTE ORDER denying 52 Defendants' Motion for Extension of Time. Pursuant to the Court's November 18, 2014 Minute Order, by December 22, 2014, plaintiff shall either withdraw his Opposition and Cross Motion for Partial Summary Judgment and Extension of Time [ECF No. 46], or indicate that he relies on his Opposition as written. It is hereby ORDERED that Defendants' Motion for Extension of Time to File a Reply to Plaintiff's Opposition to Defendants' Renewed Motion for Summary Judgment 52 is DENIED without prejudice. Signed by Judge Richard J. Leon on 12/1/2014. (lcrjl2, ) (Entered: 12/01/2014)
2014-12-02Set/Reset Deadlines: Plaintiff shall either withdraw his Opposition and Cross Motion for Partial Summary Judgment and Extension of Time [ECF No. 46], or indicate that he relies on his Opposition as writtendue by 12/22/2014. (tb, ) (Entered: 12/02/2014)
2014-12-2253MOTION to Clarify by EDGAR MOSQUERA GAMBOA (jf, ) (Entered: 12/23/2014)
2014-12-29MINUTE ORDER: Upon consideration of Plaintiff's Motion for Clarification 53 it is hereby ORDERED that the motion is GRANTED. The Court shall construe two of plaintiff's submissions [ECF Nos. 46 and 51] together as his opposition to defendant's renewed motion for summary judgment [ECF No. 45]. Plaintiff's cross-motion for summary judgment 47 is DENIED as is his motion for reconsideration 38 . Signed by Judge Richard J. Leon on 12/29/2014. (lcrjl2, ) (Entered: 12/29/2014)
2015-01-1254MOTION to Compel, MOTION to Appoint Counsel by EDGAR MOSQUERA GAMBOA (jf, ) (Entered: 01/13/2015)
2015-01-19MINUTE ORDER denying 54 Motion to Compel; denying 54 Motion to Appoint Counsel. It is hereby ORDERED that plaintiff's Motion to Compel and to Appoint Counsel are DENIED without prejudice. Signed by Judge Richard J. Leon on 1/19/2015. (lcrjl2, ) (Entered: 01/19/2015)
2015-03-2655NOTICE of Intent Not to File a Reply to Plaintiff's Construed Opposition to Defendants' Renewed Motion for Summary Judgment by EXECUTIVE OFFICE OF U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION (George, Jodi) (Entered: 03/26/2015)
2015-04-1356RESPONSE re 55 NOTICE of Intent Not to File a Reply to Plaintiff's Construed Opposition to Defendants' Renewed Motion for Summary Judgment filed by EDGAR MOSQUERA GAMBOA. (jf, ) (Entered: 04/15/2015)
2015-09-0157MEMORANDUM AND OPINION. Signed by Judge Richard J. Leon on 08/31/15. (tb) (Entered: 09/01/2015)
2015-09-0158ORDER: For the reasons stated in the accompanying Memorandum Opinion; it is hereby ordered that defendant's 45 Motion for Summary Judgment is GRANTED, and it is further ordered that Judgment shall be granted for defendants and this case is DISMISSED. Signed by Judge Richard J. Leon on 08/31/15. (tb) (Entered: 09/01/2015)
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