Case Detail

FOIA Project Annotation: Judge Thomas Hogan has ruled that the FBI has failed to show that it qualifies for an Open America stay and has ordered the FBI to process 30,000 records responsive to Angela Clemente's request at a rate of 5,000 pages a month. Clemente, a forensic analyst, had been involved in research concerning allegations of corruption between the FBI and high-ranking members of organized crime, allegedly covering up crimes committed by individuals who were working as FBI informants. Clemente's particular focus was on Gregory Scarpa. She made a request to the FBI for any records concerning Scarpa. At the time Clemente filed suit, the agency indicated it had located 30,000 documents and had processed a total of 1,420 pages of which 920 pages had been disclosed to Clemente. The agency offered to process Clemente's request at the rate of 500 documents per month. Clemente told the agency she was in ill health and was likely to die before the records were processed at that rate. The agency then suggested 1,500 documents per month and Clemente countered with 5,000 pages per month in light of her health condition. The agency then asked Hogan for a stay. But Hogan noted the FBI had recently lost a similar Open America case in EPIC v. FBI, 933 F. Supp. 2d 42 (D.D.C. 2013). In both cases, the FBI contended its workload had gone up from 911 requests per month in 2005 to 1,716 requests per month in 2012. But Hogan pointed out that "the FBI does not provide monthly request data for the intervening years. However, the public data provided by the Department of Justice shows that though there are more FOIA requests now than in 2005, the number of requests has actually dropped by over 25% between FY 2008 and FY 2012." Judge Colleen Kollar-Kotelly had found in EPIC that guidelines issued by DOJ in 2009 caused the size and complexity of requests to increase. Hogan agreed with Kollar-Kotelly that "the FBI does not explain how a change in its own agency's policy 'should support a finding for exceptional circumstances as opposed to being considered part of the "predictable workload" the statute specifically states does not justify a stay.'" The FBI also pointed to the large number of FOIA suits against it, but Hogan observed that "this 'anecdotal evidence' does not demonstrate anything about the FBI's 'workload as it has developed over time.' Without more information, this Court cannot conclude that obligations resulting from various lawsuits are more than the predictable workload of the agency." Hogan indicated that "in this case, Clemente is investigating very serious allegations of corruption." Noting that he had reviewed Clemente's medical records, he observed that "the Court is concerned that if the FBI processed documents at the rate it has proposed Clemente may not be able to complete her important research." Ordering the agency to process her request at the rate of 5,000 pages a month, he concluded that "the Court is cognizant that the FBI's resources are limited, but finds that Clemente's proposed processing rate is reasonable in light of the importance of her work and the possibility that she may have only a limited time in which to do it."
Issues: Delay - Stay of proceedings

FOIA Project Annotation: This is the corrected version of the court's opinion first issued Jan. 27, 2014.
Issues: Housekeeping

Date Filed	Doc #	Docket Text
2013-01-25	1	COMPLAINT against FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 350 receipt number 0090-3198561) filed by ANGELA CLEMENTE. (Attachments: # 1 Exhibit Exhibit 1--June 26, 2011 JHL-wps, # 2 Exhibit Exhibit 2--Hardy-JHL (110712), # 3 Exhibit Exhibit 2--Hardy-JHL (120301), # 4 Exhibit Checking on Status of FOIA Request, # 5 Exhibit Exhibit 5--JHL-NYO (111030), # 6 Exhibit Exhibit 6--Post Office Tracking, # 7 Civil Cover Sheet Civil Cover Sheet, # 8 Summons Summons to FBI, # 9 Summons Summons to Attorney General, # 10 Summons Summons to U.S. Attorney, # 11 Summons Summons to Department of Justice)(Lesar, James) (Attachment 7 replaced on 1/28/2013) (md, ). (Entered: 01/25/2013)
2013-01-25		Case Assigned to Judge John D. Bates. (md, ) (Entered: 01/25/2013)
2013-01-26	2	NOTICE by ANGELA CLEMENTE (Lesar, James) (Entered: 01/26/2013)
2013-01-28	3	ELECTRONIC SUMMONS Issued (4) as to FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent, # 2 Consent Form)(md, ) (Entered: 01/28/2013)
2013-03-25	4	Consent MOTION for Extension of Time to File Answer by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Graham-Oliver, Heather) (Entered: 03/25/2013)
2013-03-26		MINUTE ORDER: Upon consideration of 4 defendants' consent motion for extension of time to respond to complaint, and the entire record herein, it is hereby ORDERED that defendants' motion is GRANTED; and it is further ORDERED that defendants shall file their answer or otherwise respond to the complaint by not later than May 13, 2013. SO ORDERED. Signed by Judge John D. Bates on 3/26/2013. (lcjdb2) (Entered: 03/26/2013)
2013-05-13	5	ANSWER to Complaint by FEDERAL BUREAU OF INVESTIGATION.(Graham-Oliver, Heather) (Entered: 05/13/2013)
2013-05-14	6	ORDER directing parties to confer and to submit a proposed briefing schedule for the filing of dispositive motions by not later than June 14, 2013. See text for details. Signed by Judge John D. Bates on 5/14/2013. (lcjdb2) (Entered: 05/14/2013)
2013-05-14		Set/Reset Deadlines: Proposed Pretrial Order due by 6/14/2013. (tb, ) (Entered: 05/14/2013)
2013-06-14	7	STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Graham-Oliver, Heather) (Entered: 06/14/2013)
2013-06-14	8	STATUS REPORT by ANGELA CLEMENTE. (Lesar, James) (Entered: 06/15/2013)
2013-07-02		Case reassigned to Judge Thomas F. Hogan. Judge John D. Bates no longer assigned to the case. (ds) (Entered: 07/02/2013)
2013-07-17	9	ORDER setting Scheduling Conference for 7/30/2013 11:00 AM in Courtroom 25A before Judge Thomas F. Hogan. The purpose of this conference is to set a briefing schedule for filing motions to resolve this matter. Signed by Judge Thomas F. Hogan on July 17, 2013. (lctfh3, ) (Entered: 07/17/2013)
2013-07-22	10	NOTICE of Change of Address by James H. Lesar (Lesar, James) (Entered: 07/22/2013)
2013-07-30		Minute Entry for proceedings held before Judge Thomas F. Hogan: Scheduling Conference held on 7/30/2013. Responses due to Plaintiff's Motion to Compel by 8/6/2013. Replies due by 8/12/2013. Status Conference set for 10/22/2013 11:00 AM in Courtroom 25A before Judge Thomas F. Hogan. (Court Reporter: Theresa Sorensen.) (ldc, ) (Entered: 07/30/2013)
2013-07-30	11	MOTION to Expedite Review and Release of Records by ANGELA CLEMENTE (Attachments: # 1 Exhibit Exh. 1--Hardy-JHL (130301), # 2 Exhibit Att. 2--NYT article on Clemente)(Lesar, James) Modified on 7/31/2013 (rdj). (Entered: 07/30/2013)
2013-08-06	12	RESPONSE re 11 MOTION to Expedite Review and Release of Records filed by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration hardy Declaration with attached Exhibits)(Graham-Oliver, Heather) (Entered: 08/06/2013)
2013-08-06	13	MOTION to Stay re 12 Response to motion, by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration Hardy Declaration with attached Exhibits)(Graham-Oliver, Heather) (Entered: 08/06/2013)
2013-08-12	14	REPLY to opposition to motion re 13 MOTION to Stay re 12 Response to motion, filed by ANGELA CLEMENTE. (Attachments: # 1 Affidavit Clemente Declaration, # 2 Affidavit Lesar Declaration)(Lesar, James) (Entered: 08/12/2013)
2013-08-13	15	NOTICE of Filing documents under seal by ANGELA CLEMENTE (Lesar, James) (Entered: 08/13/2013)
2013-08-13	16	SEALED DOCUMENT filed by ANGELA CLEMENTE. (This document is SEALED and only available to authorized persons.)(zjf, ) (Entered: 08/15/2013)
2013-10-22	17	TRANSCRIPT OF 10/22/13 STATUS HEARING before Judge Thomas F. Hogan, held on October 22, 2013. Page Numbers: 1-9. Date of Issuance: 10/22/13. Court Reporter: Bryan Wayne, telephone number: 202-354-3186. Court Reporter email address: bryanawayne@yahoo.com. For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov. Redaction Request due 11/12/2013. Redacted Transcript Deadline set for 11/22/2013. Release of Transcript Restriction set for 1/20/2014.(Wayne, Bryan) (Entered: 10/22/2013)
2013-10-22		Minute Entry for Status Conference held before Judge Thomas F. Hogan on 10/22/13 : Defendant's Request for an Open America Stay 13 is denied; Plaintiff's Motion for Prompt Review and Release of Responsive Records 11 is granted. Effective November 15, 2013, the Defendant shall process 5000 pages a month for release to the Plaintiff. Written order to be issued. (Court Reporter : Bryan Wayne) (kk) Modified on 10/24/2013 (ldc, ). (Entered: 10/22/2013)
2014-01-27	18	MEMORANDUM OPINION regarding Plaintiff's Motion for an Order Requiring Prompt Review and Release of all Responsive Records 11 and Defendant's Request for an Open America Stay 13 : Parties' Status Report due by 2/15/14; signed by Judge Thomas F. Hogan on 1/27/14. (kk) (Entered: 01/28/2014)
2014-02-18	19	STATUS REPORT (JOINT) by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Graham-Oliver, Heather) (Entered: 02/18/2014)
2014-03-06	20	STATUS REPORT (JOINT) by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Graham-Oliver, Heather) (Entered: 03/06/2014)
2014-10-15		MINUTE ORDER directing the parties to advise the Court in writing of the status of this matter no later than October 31, 2014. Signed by Judge Thomas F. Hogan on October 15, 2014. (lctfh3) (Entered: 10/15/2014)
2014-10-24	21	AMENDED MEMORANDUM OPINION. This is an amended version of the Memorandum Opinion entered on January 27, 2014, which has been modified to correct typographical and citation errors. Signed by Judge Thomas F. Hogan on October 24, 2014. (lctfh3) (Entered: 10/24/2014)
2014-10-31	22	STATUS REPORT by ANGELA CLEMENTE. (Attachments: # 1 Exhibit Exhibit 1--Hardy-JHL (131213), # 2 Exhibit Exh. 2--Hardy-JHL (131218), # 3 Exhibit Exh. 3--JHL-AUSA (131219), # 4 Exhibit Exh. 4--AUSA-JHL (140218), # 5 Exhibit Exh. 5--JHL-AUSA (140304), # 6 Exhibit Exh. 6--AUSA-JHL (140418), # 7 Exhibit Exh. 7--AUSA-JHL (140514), # 8 Exhibit Exh. 8--Hardy-JHL (140930))(Lesar, James) (Entered: 10/31/2014)
2014-11-19	23	STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Affidavit with Exhibits Attached)(Graham-Oliver, Heather) (Entered: 11/19/2014)
2014-12-17	24	STATUS REPORT Response to Defendants' November 19, 2014 Status Report by ANGELA CLEMENTE. (Lesar, James) (Entered: 12/17/2014)
2016-03-31		MINUTE ORDER directing the parties to file a joint status report on or before April 21, 2016. Signed by Judge Thomas F. Hogan on March 31, 2016. (lctfh3) (Entered: 03/31/2016)
2016-04-21	25	Consent MOTION for Extension of Time to File Joint Status Report by ANGELA CLEMENTE (Lesar, James) (Entered: 04/21/2016)
2016-04-22		MINUTE ORDER granting 25 Consent Motion for Extension of Time to File Joint Status Report. The parties shall file a Joint Status Report on or before May 2, 2016. Signed by Judge Thomas F. Hogan on April 22, 2016. (lctfh3) (Entered: 04/22/2016)
2016-05-02	26	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Declaration, # 4 Exhibit)(Graham-Oliver, Heather) (Entered: 05/02/2016)
2016-05-03	27	ERRATA by ANGELA CLEMENTE. (Lesar, James) (Entered: 05/03/2016)
2016-05-17	28	Consent MOTION for Extension of Time to File Motion for Award of Interim Attorney Fees by ANGELA CLEMENTE (Lesar, James) (Entered: 05/17/2016)
2016-05-18		MINUTE ORDER granting 28 Consent Motion for Extension of Time, until May 24, 2016, to file Motion for Interim Award of Attorney Fees and Costs. Signed by Judge Thomas F. Hogan on May 18, 2016. (lctfh3) (Entered: 05/18/2016)
2016-05-18		Set/Reset Deadlines: Motion due by 5/24/2016. (tth) (Entered: 05/18/2016)
2016-05-23	29	Consent MOTION for Extension of Time to by ANGELA CLEMENTE (Lesar, James) (Entered: 05/23/2016)
2016-05-26		MINUTE ORDER granting 29 Consent Motion for Extension of Time, until May 26, 2016, to file Motion for Interim Award of Attorney Fees and Costs. Signed by Judge Thomas F. Hogan on May 26, 2016. (lctfh3) (Entered: 05/26/2016)
2016-05-26	30	Consent MOTION for Extension of Time to file Motion for Interim Award of Attorney Fees by ANGELA CLEMENTE (Lesar, James) (Entered: 05/26/2016)
2016-05-31	31	Interim MOTION for Attorney Fees by ANGELA CLEMENTE (Attachments: # 1 Exhibit Interim Fees Exh. 1, # 2 Declaration 2016 Lesar Decl., # 3 Declaration 2016 Clemente Decl., # 4 Exhibit Clemente Decl.--Att.1, # 5 Exhibit Clemente Decl.--Att. 2, # 6 Exhibit Clemente Decl.--Att. 3, # 7 Certificate of Service Clemente Decl.--Att. 4, # 8 Exhibit Clemente Decl.--Att. 5, # 9 Exhibit Clemente Decl.--Att. 6, # 10 Exhibit Clemente Decl.--Att. 7, # 11 Exhibit Clemente Decl.--Att. 8, # 12 Declaration Kavanaugh Decl.)(Lesar, James) (Entered: 05/31/2016)
2016-05-31	32	MOTION for Extension of Time to File , MOTION for Extension of Time to File an Interim Award nof Attorneys Fees and Costs by ANGELA CLEMENTE (Lesar, James) (Entered: 05/31/2016)
2016-06-01		MINUTE ORDER finding as moot 30 Consent Motion for One-Day Extension of Time; granting 32 Motion for Leave to File Motion for An Interim Award of Attorney's Fees and Costs Out-of-Time. Signed by Judge Thomas F. Hogan on June 1, 2016. (lctfh3) (Entered: 06/01/2016)
2016-06-17	33	MOTION for Extension of Time to File Response/Reply as to 31 Interim MOTION for Attorney Fees by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Graham-Oliver, Heather) (Entered: 06/17/2016)
2016-06-20		MINUTE ORDER granting 33 Motion for Extension of Time to File Defendant's Opposition to Plaintiff's Request for Interim Attorney's Fees. Defendant's opposition is due on or before August 2, 2016.Signed by Judge Thomas F. Hogan on June 20, 2016. (lctfh3) (Entered: 06/20/2016)
2016-07-21	34	NOTICE OF SUBSTITUTION OF COUNSEL by Damon William Taaffe on behalf of All Defendants Substituting for attorney Heather Graham-Oliver (Taaffe, Damon) (Entered: 07/21/2016)
2016-07-26	35	Consent MOTION to Stay Proceedings Re Motion for Award of Atty Fees by ANGELA CLEMENTE (Lesar, James) (Entered: 07/26/2016)
2016-07-27	36	ORDER granting 35 Consent Motion to Stay Proceedings Until August 15, 2016 to Permit Filing of Declaration by Michael Kavanaugh. Signed by Judge Thomas F. Hogan on July 27, 2016. (lctfh3) (Entered: 07/27/2016)
2016-08-15	37	NOTICE of Filing of August 2016 Kavanaugh Declaration by ANGELA CLEMENTE (Attachments: # 1 Declaration Aug. 2016 Kavanaugh Decl., C.A. 13-0108, # 2 Exhibit Exhibits to Aug 2016 Kavanaugh Decl., # 3 Exhibit Supplemental Itemization of Lesar's Time, # 4 Exhibit Chart of Lesar's Charges)(Lesar, James) (Entered: 08/15/2016)
2016-08-28	38	NOTICE of Filing costs by ANGELA CLEMENTE (Lesar, James) Modified on 8/29/2016 (zrdj). (Entered: 08/28/2016)
2016-09-02	39	Memorandum in opposition to re 31 Interim MOTION for Attorney Fees filed by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Taaffe, Damon) (Entered: 09/02/2016)
2016-09-06	40	ERRATA Fourth Hardy Declaration by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE 31 Interim MOTION for Attorney Fees filed by ANGELA CLEMENTE. (Taaffe, Damon) (Entered: 09/06/2016)
2016-09-12	41	REPLY to opposition to motion re 31 Interim MOTION for Attorney Fees filed by ANGELA CLEMENTE. (Attachments: # 1 Declaration Second Kavanaugh Declaration)(Lesar, James) (Entered: 09/12/2016)
2016-10-04	42	MOTION for Scheduling Order by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Taaffe, Damon) (Entered: 10/04/2016)
2016-10-21	43	ENTERED IN ERROR.....Consent MOTION for Extension of Time to Respond to Def's Mot. to Set Briefing Sched. (161021) by ANGELA CLEMENTE (Lesar, James) Modified on 10/24/2016 (zrdj). (Entered: 10/21/2016)
2016-10-22	44	Consent MOTION for Extension of Time to Respond to Def's Mot. for Briefing Sched. (161021) by ANGELA CLEMENTE (Lesar, James) (Entered: 10/22/2016)
2016-10-24		NOTICE OF CORRECTED DOCKET ENTRY: re 43 Consent MOTION for Extension of Time to Respond to Def's Mot. to Set Briefing Sched. (161021) was entered in error (wrong case). (zrdj) (Entered: 10/24/2016)
2016-10-24	45	Consent MOTION for Extension of Time to Respond to FBI's Mot. to Set Briefing Sched. by ANGELA CLEMENTE (Lesar, James) (Entered: 10/24/2016)
2016-10-25		MINUTE ORDER granting 45 Consent Motion for Extension of Time to File Response to Defendant's Motion to Set a Briefing Schedule; finding as moot 44 Consent Motion for One-Day Extension of Time to File Response to Defendant's Motion to Set a Briefing Schedule. Plaintiff's response shall be filed on or before October 26, 2016. Signed by Judge Thomas F. Hogan on October 25, 2016. (lctfh3) (Entered: 10/25/2016)
2016-10-31	46	MOTION for Leave to File Mot. and Memo P&A in Support of Mot. to Expedite and in Response to Defs' Mot for Briefing Sched. by ANGELA CLEMENTE (Attachments: # 1 Memorandum in Support Mot. to Expedite and Response to Defs' Mot. for Briefing Schedule (161031), # 2 Exhibit Att. A. Lesar-AUSA Taaffe Oct. 1 email, # 3 Exhibit Att. B. FBI Chart of Coded Exemption Claims)(Lesar, James) (Entered: 10/31/2016)
2016-10-31		MINUTE ORDER granting 46 Motion for Leave to File Motion to Expedite and Response to Defendants' Motion for Briefing Schedule Out-of-Time. Signed by Judge Thomas F. Hogan on October 31, 2016. (lctfh3) (Entered: 10/31/2016)
2016-10-31	47	MOTION to Expedite Review and Release of Certain Materials by ANGELA CLEMENTE (Attachments: # 1 Att. A. Lesar-AUSA Taaffe Oct. 1 email, # 2 Att. B. FBI Chart of Coded Exemption Claims)(znmw) (Entered: 11/01/2016)
2016-11-09	48	Consent MOTION for Extension of Time to File Response/Reply as to 42 MOTION for Scheduling Order by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Taaffe, Damon) (Entered: 11/09/2016)
2016-11-10	49	ORDER granting 48 Motion for Extension of Time to File Response/Reply re 42 MOTION for Scheduling Order Reply due by 11/17/2016. Signed by Judge Thomas F. Hogan on 11/10/2016. (lctfh1) (Entered: 11/10/2016)
2016-11-17	50	REPLY to opposition to motion re 42 MOTION for Scheduling Order filed by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration Fifth Hardy)(Taaffe, Damon) (Entered: 11/17/2016)
2016-11-17	51	Memorandum in opposition to re 47 MOTION to Expedite filed by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration Fifth Hardy)(Taaffe, Damon) (Entered: 11/17/2016)
2016-11-18	52	Consent MOTION for Extension of Time to Reply to Opp. to Pl's Mot. to Expedite, Etc. (161118) by ANGELA CLEMENTE (Lesar, James) (Entered: 11/18/2016)
2016-11-21		MINUTE ORDER granting 52 Consent Motion for Extension of Time to Reply to Defendants' Opposition to Plaintiff's Motion to Expedite and for Other Relief. Plaintiff's reply shall be filed on or before December 6, 2016. Signed by Judge Thomas F. Hogan on November 21, 2016. (lctfh3) (Entered: 11/21/2016)
2016-12-06	53	Counter MOTION for Extension of Time to Reply to Opposition to Motion to Expedite, Etc. by ANGELA CLEMENTE (Lesar, James) (Entered: 12/06/2016)
2016-12-07		MINUTE ORDER granting 53 Consent Motion for Further Extension of Time in Response to Defendants' Motion to Expedite and For Other Relief. Plaintiff's reply shall be filed on or before December 12, 2016. Signed by Judge Thomas F. Hogan on December 7, 2016. (lctfh3) (Entered: 12/07/2016)
2016-12-12	54	REPLY to opposition to motion re 47 MOTION to Expedite and For Other Relief filed by ANGELA CLEMENTE. (Attachments: # 1 Exhibit Hardy-JHL letter (161207), # 2 Exhibit Lesar-Hardy letter (161210))(Lesar, James) (Entered: 12/12/2016)
2017-01-17	55	NOTICE OF SUBSTITUTION OF COUNSEL by Alexander Kenneth Haas on behalf of All Defendants Substituting for attorney Damon W. Taaffe (Haas, Alexander) (Entered: 01/17/2017)
2017-03-17	56	NOTICE OF SUBSTITUTION OF COUNSEL by Damon William Taaffe on behalf of All Defendants Substituting for attorney Alexander Haas (Taaffe, Damon) (Entered: 03/17/2017)
2017-04-07		MINUTE ORDER. A hearing on 31 Plaintiff's Interim Motion for Attorney Fees, 42 Defendants' Motion for Scheduling Order, and 47 Plaintiff's Motion to Expedite and For Other Relief and is scheduled for May 8, 2017 at 10:00 AM in Courtroom 25A before Judge Thomas F. Hogan. Signed by Judge Thomas F. Hogan on April 7, 2017. (lctfh3) (Entered: 04/07/2017)
2017-05-08	57	ORDER denying without prejudice 31 Motion for An Interim Award of Attorney's Fees & Costs; granting 42 Defendants' Motion for Scheduling Order; denying without prejudice 47 Plaintiff's Renewed Motion to Expedite. See Order for additional details. Signed by Judge Thomas F. Hogan on May 8, 2017. (lctfh3) (Entered: 05/08/2017)
2017-05-08		Minute Entry for proceedings held before Judge Thomas F. Hogan: Motions Hearing held on 5/8/2017 re 47 MOTION to Expedite filed by ANGELA CLEMENTE, 42 MOTION for Scheduling Order filed by U.S. DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION, 31 Interim MOTION for Attorney Fees filed by ANGELA CLEMENTE; See Order 57 for rulings and details. (Court Reporter: Barbara DeVico) (tth) (Entered: 05/08/2017)
2017-05-16	58	TRANSCRIPT OF PROCEEDINGS before Judge Thomas F. Hogan held on 5-7-17; Page Numbers: 1-41. Date of Issuance:5-16-17. Court Reporter/Transcriber Barbara DeVico, Telephone number 202-354-3118, Transcripts may be ordered by submitting the <a href="http://www.dcd.uscourts.gov/node/110">Transcript Order Form</a><P></P><P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, PDF or ASCII) may be purchased from the court reporter.<P> NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.<P></P> Redaction Request due 6/6/2017. Redacted Transcript Deadline set for 6/16/2017. Release of Transcript Restriction set for 8/14/2017.(DeVico, Barbara) (Entered: 05/16/2017)
2017-06-30	59	MOTION for Summary Judgment with Respect to FBI's Search by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Declaration Sixth Hardy Declaration)(Taaffe, Damon) (Entered: 06/30/2017)
2017-08-09	60	Consent MOTION for Extension of Time to August 1, 2017 by ANGELA CLEMENTE (Lesar, James) (Entered: 08/09/2017)
2017-08-10		MINUTE ORDER granting 60 Consent Motion for Extension to Respond to Defendants' Motion for Partial Summary Judgment as to Adequacy of Search. Plaintiff's response is due by August 15, 2017, and Defendants' reply is due by September 5, 2017. Signed by Judge Thomas F. Hogan on August 10, 2017. (lctfh3) (Entered: 08/10/2017)
2017-08-14	61	Consent MOTION for Extension of Time to Reply to Defs' Opp to Mot for Partial Summary Judgement On Search Issue by ANGELA CLEMENTE (Lesar, James) (Entered: 08/14/2017)
2017-08-15		MINUTE ORDER granting 61 Consent Motion for Further Extension of Time to Respond to Defendants' Motion for Partial Summary Judgment As To Adequacy of Search. In light of the representations made by Plaintiff's counsel, the deadline for Plaintiff's response is extended to August 24, 2017, and Defendants' reply is due by September 14, 2017.Signed by Judge Thomas F. Hogan on August 15, 2017. (lctfh3, ) (Entered: 08/15/2017)
2017-08-17	62	Consent MOTION for Extension of Time to respond to Defs' Motion for PSJ on Search Issue by ANGELA CLEMENTE (Lesar, James) (Entered: 08/17/2017)
2017-08-18		MINUTE ORDER denying as moot 62 Consent Motion for Extension of Time toRespond to Defendants' Motion for Partial Summary Judgment As To Adequacy of Search. Counsel is directed to carefully review the Minute Order issued by the Court on August 15, 2017. Signed by Judge Thomas F. Hogan on August 18, 2017. (lctfh3) (Entered: 08/18/2017)
2017-08-24	63	MOTION for Partial Summary Judgment as to Adequacy of Search and Opp. to Defs' MPSJ by ANGELA CLEMENTE (Attachments: # 1 Exhibit Exh. 1--Confidential Source Indices, # 2 Exhibit Exh. 2--Photostat of Gregory Scarpa, Sr., # 3 Exhibit Exh. 3--Mini Storage Document)(Lesar, James) (Entered: 08/24/2017)
2017-08-24	64	Memorandum in opposition to re 59 MOTION for Summary Judgment with Respect to FBI's Search filed by ANGELA CLEMENTE. (Lesar, James) (Entered: 08/25/2017)
2017-09-14	65	Consent MOTION for Extension of Time to File Response/Reply as to 63 MOTION for Partial Summary Judgment as to Adequacy of Search and Opp. to Defs' MPSJ , 59 MOTION for Summary Judgment with Respect to FBI's Search by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Taaffe, Damon) (Entered: 09/14/2017)
2017-09-14	66	ORDER granting 65 Defendants' Consent Motion for a 30-Day Extension of Time to File (1) Reply in Support of Their Motion for Partial Summary Judgment, and (2) Opposition to Plaintiff's Cross-Motion. See attached Order for details.Signed by Judge Thomas F. Hogan on September 14, 2017. (lctfh3) (Entered: 09/14/2017)
2017-10-16	67	REPLY to opposition to motion re 59 MOTION for Summary Judgment with Respect to FBI's Search filed by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Seventh Declaration of David M. Hardy)(Taaffe, Damon) (Entered: 10/16/2017)
2017-10-16	68	Memorandum in opposition to re 63 MOTION for Partial Summary Judgment as to Adequacy of Search and Opp. to Defs' MPSJ filed by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Seventh Declaration of David M. Hardy)(Taaffe, Damon) (Entered: 10/16/2017)
2017-11-05	69	Consent MOTION for Extension of Time to Revise Briefing Schedule by ANGELA CLEMENTE (Lesar, James) (Entered: 11/05/2017)
2017-11-06		MINUTE ORDER granting 69 Plaintiff's Consent Motion for Extension of Time to Revise Briefing Schedule. In light of the representations made by Plaintiff's counsel, the deadline for Plaintiff's reply brief is extended to November 19, 2017. Signed by Judge Thomas F. Hogan on November 6, 2017. (lcesh2) (Entered: 11/06/2017)
2017-11-06		Set/Reset Deadlines: Plaintiff's Reply Brief due by 11/19/2017. (tth) (Entered: 11/06/2017)
2018-10-10		MINUTE ORDER. A hearing on 59 Defendant's Motion for Partial Summary Judgment Regarding Adequacy of the Search for Responsive Records and 63 Plaintiff's Motion for Partial Summary Judgment as to Adequacy of Search is scheduled for November 29, 2018 at 10:00 AM in Courtroom 26A before Judge Thomas F. Hogan. Signed by Judge Thomas F. Hogan on October 10, 2018. (lctfh3) (Entered: 10/10/2018)
2018-10-11		Set/Reset Hearings: Motion Hearing set for 11/29/2018 at 10:00 AM in Courtroom 26A before Judge Thomas F. Hogan. (hs) (Entered: 10/11/2018)
2018-11-29		Minute Entry for proceedings held before Judge Thomas F. Hogan: Status Conference held on 11/29/2018. The motion hearing originally scheduled for this date was not held. Motion Hearing continued to 12/18/2018 at 10:00 AM in Courtroom 26A before Judge Thomas F. Hogan. (Court Reporter: Janice Dickman) (zjd) (Entered: 11/29/2018)
2018-12-18	70	NOTICE of Filing by ANGELA CLEMENTE re 59 MOTION for Summary Judgment with Respect to FBI's Search (Attachments: # 1 Exhibit Exhibit 1, Chip Club, # 2 Exhibit Exhibit 2, CIMS)(Lesar, James) (Entered: 12/18/2018)
2018-12-18		Minute Entry for proceedings held before Judge Thomas F. Hogan: Motion Hearing held on 12/18/2018 re 59 and 63 Motions for Summary Judgment. Plaintiff's Renewed Motion for Interim Attorney Fees due by 2/19/2019. Government's Response to 70 Notice of Filing due by 1/14/2019. Opinion and Order forthcoming. (Court Reporter: Janice Dickman) (zjd) (Entered: 12/18/2018)
2019-01-10	71	TRANSCRIPT OF PROCEEDINGS before Judge Thomas F. Hogan held on December 18, 2018; Page Numbers: 1-46. Date of Issuance: January 10, 2019. Court Reporter: Janice Dickman, Telephone number: 202-354-3267, Transcripts may be ordered by submitting the <a href="http://www.dcd.uscourts.gov/node/110">Transcript Order Form</a><P></P><P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P> NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.<P></P> Redaction Request due 1/31/2019. Redacted Transcript Deadline set for 2/10/2019. Release of Transcript Restriction set for 4/10/2019.(Dickman, Janice) (Entered: 01/10/2019)
2019-01-12	72	MOTION to Stay by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Coles-Huff, Doris) (Entered: 01/12/2019)
2019-01-13		MINUTE ORDER granting 72 Defendants' Motion for Stay of All Proceedings in Light of Lapse of Appropriations. Defendants counsel shall notify the Court promptly after Congress has appropriated funds for the Justice Department, and it is further Ordered, that all current deadlines for the parties shall be extended commensurate with the duration of the lapse in appropriations. Signed by Judge Thomas F. Hogan on January 13, 2019. (lctfh3) (Entered: 01/13/2019)
2019-01-30	73	NOTICE of Restored Government Funding by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Taaffe, Damon) (Entered: 01/30/2019)
2019-02-15	74	RESPONSE re 70 Notice (Other) filed by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Taaffe, Damon) (Entered: 02/15/2019)
2019-02-15	75	ENTERED IN ERROR. . . . .ERRATA Exhibit A (8th Hardy Declaration) by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE 74 Response to Document filed by U.S. DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Taaffe, Damon) Modified on 2/15/2019 (ztd). (Entered: 02/15/2019)
2019-02-15		NOTICE OF ERROR re 75 Errata; emailed to damon.taaffe@usdoj.gov, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. All filings must conform to LCvR 5.1(d). Case caption, title, body. (ztd, ) (Entered: 02/15/2019)
2019-02-15	76	ERRATA by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE 74 Response to Document filed by U.S. DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Exhibit 8th Hardy Declaration)(Taaffe, Damon) (Entered: 02/15/2019)
2019-02-15	77	NOTICE OF SUBSTITUTION OF COUNSEL by Christopher Charles Hair on behalf of All Defendants (Hair, Christopher) (Entered: 02/15/2019)
2020-09-09	78	NOTICE OF SUBSTITUTION OF COUNSEL by Brenda A. Gonzalez on behalf of FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE Substituting for attorney Christopher C. Hair (Gonzalez, Brenda) (Entered: 09/09/2020)
2020-12-14	79	NOTICE OF SUBSTITUTION OF COUNSEL by Thomas Duffey on behalf of All Defendants Substituting for attorney Brenda A. Gonzalez-Horowitz (Duffey, Thomas) (Entered: 12/14/2020)
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