Case Detail

FOIA Project Annotation: Judge Amy Berman Jackson has ruled that the Criminal Division of the Department of Justice conducted an adequate search for records concerning wiretap authorizations for Dominique Jackson and then properly withheld the records under subsection (j)(2) of the Privacy Act. The agency also claimed several FOIA exemptions, particularly Exemption 3 (other statutes) to withhold the records. Jackson found that the FOIA exemptions and subsction (j)(2) provided a sufficient basis for withholding the records. She noted that "the Department of Justice's Criminal Division is responsible for approving federal prosecutors' requests to apply for Title III orders, which would authorize the interception of wire, oral, or electronic communications in the course of criminal investigations. The Criminal Division's principal function is enforcing federal criminal laws, and the records plaintiff seeks are maintained in the Criminal Division's Title III request tracking system and email archives. The documents contained in these systems are exempted from disclosure by the Privacy Act. Given that defendants conducted a search for the requested documents, the Court does not need to answer whether it had authority not to conduct a search, and holds that defendants properly invoked the exemption after it did a search."
Issues: Exemption 3 - Statutory prohibition of disclosure, Adequacy - Search

FOIA Project Annotation: Judge Amy Berman Jackson has ruled that the Criminal Division of the Department of Justice properly withheld records from prisoner Dominque Jackson concerning authorization to wiretap three specific phone numbers Jackson believed were involved in his prosecution and conviction under Exemption 3 (other statutes) and Exemption 5 (privileges). Jackson provided excerpts of transcripts containing phone conversations used during his trial. He argued that since the information had been publicly disclosed, the agency had waived any exemption claim. Berman Jackson, however, pointed out that "while plaintiff has submitted exhibits showing that portions of certain intercepted communications were played for the jury at his trial, those communications are not the same information that is being withheld: the records of the requests apply to Title III warrants and the agency's internal memoranda concerning the approval of those requests. Accordingly, the records he requests from the Criminal Division are not in the public domain and are protected from disclosure. . ." She agreed with the agency that the memoranda were protected by the attorney work product privilege. She noted that "each of these documents was prepared by attorneys working for the government, or someone working at the direction of such an attorney, for the purpose of obtaining a wiretap in anticipation of litigation â€" namely, the criminal prosecution of the plaintiff in this case. Accordingly, they are covered by the work product privilege and fall under Exemption 5."
Issues: Exemption 3 - Statutory prohibition of disclosure, Exemption 5 - Privileges - Attorney work-product privilege

Date Filed	Doc #	Docket Text
2014-02-10	1	COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE (Office of Information Policy), UNITED STATES DEPARTMENT OF JUSTICE (Criminal Division) ( Filing fee $ 400, receipt number 4616062055) with Jury Demand filed by DOMINIQUE L. JACKSON. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A-1, # 3 Exhibit A-2, # 4 Exhibit B-1, # 5 Exhibit B-2, # 6 Exhibit C, # 7 Exhibit D)(rc) (Entered: 02/19/2014)
2014-02-10		SUMMONS (4) Issued as to UNITED STATES DEPARTMENT OF JUSTICE (Office of Information Policy), UNITED STATES DEPARTMENT OF JUSTICE (Criminal Division), U.S. Attorney and U.S. Attorney General. (rc) (Entered: 02/19/2014)
2014-03-10	2	NOTICE of Appearance by Claire M. Whitaker on behalf of UNITED STATES DEPARTMENT OF JUSTICE(Office of Information Policy), UNITED STATES DEPARTMENT OF JUSTICE(Criminal Division) (Whitaker, Claire) (Entered: 03/10/2014)
2014-03-10	3	ERRATA by UNITED STATES DEPARTMENT OF JUSTICE(Office of Information Policy), UNITED STATES DEPARTMENT OF JUSTICE(Criminal Division) 2 Notice of Appearance filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Notice of Appearance with Certificate of Service)(Whitaker, Claire) (Entered: 03/10/2014)
2014-03-27	4	MOTION for Extension of Time to File Answer by UNITED STATES DEPARTMENT OF JUSTICE(Office of Information Policy), UNITED STATES DEPARTMENT OF JUSTICE(Criminal Division) (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 03/27/2014)
2014-03-28		MINUTE ORDER granting 4 defendant's Motion for Extension of Time to Answer. It is ORDERED that defendant's answer or other response to the complaint is due on or before April 28, 2014. It is FURTHER ORDERED that the Court will not treat the complaint as a motion for summary judgment. Rather, plaintiff's opposition will be due on or before May 28, 2014, and if plaintiff chooses to do so, he may file a cross-motion for summary judgment on that date as well, with a combined memorandum of points and authorities in support of them both. Defendant's reply, combined with a cross-opposition, if necessary, is due on or before June 18, 2014. Plaintiff's cross-reply, if any, is due on or before July 9, 2014. Signed by Judge Amy Berman Jackson on 3/28/2014. (lcabj3) (Entered: 03/28/2014)
2014-03-31		Set/Reset Deadlines: Defendant's Answer or Other Response to the Complaint is due by 4/28/2014. The Court will not treat the complaint as a motion for summary judgment. If Defendant's file a dispositive motion, Plaintiff's Opposition, and if he chooses to do so, any Cross Motion with a combined memo of points and authorities in support of them both will be due by 5/28/2014; Defendant's Reply, combined with an Opposition to any Cross Motion is due by 6/18/2014; Plaintiff's Reply to any Cross Motion is due by 7/9/2014. (jth) (Entered: 03/31/2014)
2014-04-04	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE(Office of Information Policy) served on 2/24/2014; UNITED STATES DEPARTMENT OF JUSTICE(Criminal Division) served on 2/24/2014, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 02/24/2014., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/24/2014. ( Answer due for ALL FEDERAL DEFENDANTS by 3/26/2014.) (jf, ) (Entered: 04/07/2014)
2014-04-25	6	ANSWER to 1 Complaint, by UNITED STATES DEPARTMENT OF JUSTICE(Office of Information Policy), UNITED STATES DEPARTMENT OF JUSTICE(Criminal Division).(Whitaker, Claire) (Entered: 04/25/2014)
2014-04-25	7	ORDER. It is ORDERED that, on or before May 27, 2014, defendants shall file a dispositive motion or, in the alternative, a report setting forth the schedule for production of documents to plaintiff. See order for details. Signed by Judge Amy Berman Jackson on 4/25/2014. (lcabj3) (Entered: 04/25/2014)
2014-04-27		Set/Reset Deadlines: Defendants shall either file a dispositive motion or, in the alternative, a report setting forth the schedule for production of documents to plaintiff by 5/27/2014. (jth) (Entered: 04/27/2014)
2014-05-19	8	MOTION for Extension of Time to file a dispositive motion or, in the alternative, a report setting forth the schedule for production of documents to July 28, 2014 (see ECF No. 7) by UNITED STATES DEPARTMENT OF JUSTICE(Office of Information Policy), UNITED STATES DEPARTMENT OF JUSTICE(Criminal Division) (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 05/19/2014)
2014-05-20		MINUTE ORDER granting 8 Motion to Extend Time. It is ORDERED that defendants shall file a dispositive motion or, in the alternative, a report setting forth the schedule for production of documents to plaintiff, on or before July 28, 2014. Signed by Judge Amy Berman Jackson on 5/20/2014. (lcabj3) (Entered: 05/20/2014)
2014-05-20		Set/Reset Deadlines: Defendants shall either file a dispositive motion or, in the alternative, a report setting forth the schedule for production of documents to plaintiff by 7/28/2014. (jth) (Entered: 05/20/2014)
2014-05-30	9	Memorandum in opposition to re 8 MOTION for Extension of Time to file a dispositive motion or, in the alternative, a report setting forth the schedule for production of documents to July 28, 2014 (see ECF No. 7) filed by DOMINIQUE L. JACKSON. (jf, ) (Entered: 06/02/2014)
2014-06-09	10	MOTION for Extension of Time to to file a response to Plaintiffs Motion in Opposition to Defendant's Motion for Extension of Time, ECF No. 9 by UNITED STATES DEPARTMENT OF JUSTICE(Office of Information Policy), UNITED STATES DEPARTMENT OF JUSTICE(Criminal Division) (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 06/09/2014)
2014-06-10		MINUTE ORDER denying as moot 10 defendants' Motion for Extension of Time. The Court has considered 9 plaintiff's objections but the due date for defendants' filing of a dispositive motion, or in the alternative, a report setting forth the production of documents to plaintiff, remains July 28, 2014. Signed by Judge Amy Berman Jackson on 6/10/2014. (lcabj3) (Entered: 06/10/2014)
2014-07-24	11	MOTION for Extension of Time to file a dispositive motion by UNITED STATES DEPARTMENT OF JUSTICE(Office of Information Policy), UNITED STATES DEPARTMENT OF JUSTICE(Criminal Division) (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 07/24/2014)
2014-07-25		MINUTE ORDER granting 11 Motion to Extend Time. It is ORDERED that the deadline for filing any dispositive motions or a schedule for the production of documents is extended to August 18, 2014. Signed by Judge Amy Berman Jackson on 7/25/2014. (lcabj3) (Entered: 07/25/2014)
2014-07-25		Set/Reset Deadlines: Defendants' deadline for filing either a Dispositive Motion, or a Schedule for the Production of Documents to Plaintiff is extended to 8/18/2014. (jth) (Entered: 07/25/2014)
2014-08-19	12	MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE(Office of Information Policy), UNITED STATES DEPARTMENT OF JUSTICE(Criminal Division) (Attachments: # 1 Attachment 1 (Decl. of Peter Sprung), # 2 Exhibit Ex. A to Att. 1 (FOIA Request), # 3 Exhibit Ex. B to Att. 1 (Crim Div Response), # 4 Exhibit Ex. C to Att. 1 (Plaintiff's FOIA Appeal), # 5 Exhibit Ex. D to Att. 1 (OIP Decision), # 6 Exhibit Ex. E to Att. 1 (Transcript of Detention Hearing), # 7 Exhibit Ex. F to Att. 1 (Vaughn Index), # 8 Statement of Facts, # 9 Text of Proposed Order)(Whitaker, Claire) (Entered: 08/19/2014)
2014-08-28		MINUTE ORDER. The Court has reason to believe that plaintiff is no longer located at Northwest Ohio Correctional Center but has been transferred to FCI Fort Worth. Given this, it is ORDERED that plaintiff file notice with the Court confirming his current address by September 8, 2014. It is further ORDERED that by September 12, 2014, defendant serve a copy of the motion for summary judgment filed on August 19, 2014 on plaintiff at his current address. Signed by Judge Amy Berman Jackson on 8/28/14. (DMK) (Entered: 08/28/2014)
2014-08-28	13	ORDER advising plaintiff to respond by October 13, 2014 to defendants' motion to dismiss or risk summary dismissal of the case on what will be treated as a conceded motion. See Order for details. Signed by Judge Amy Berman Jackson on 8/28/14. (DMK) (Entered: 08/28/2014)
2014-08-28		Set/Reset Deadlines: Response to Dispositive Motions due by 10/13/2014. (tb, ) (Entered: 08/28/2014)
2014-09-03		Set/Reset Deadlines: Plaintiff to file a notice with the Court confirming his current address by 9/8/2014. Defendant to serve a copy of the motion for summary judgment on Plaintiff at his current address by 9/12/2014. (jth) (Entered: 09/03/2014)
2014-09-09	14	NOTICE (Notice of Amended Certificate of Service) by UNITED STATES DEPARTMENT OF JUSTICE(Office of Information Policy), UNITED STATES DEPARTMENT OF JUSTICE(Criminal Division) re Order,, 12 MOTION for Summary Judgment (Whitaker, Claire) (Entered: 09/09/2014)
2014-09-09	15	MOTION for Extension of Time by DOMINIQUE L. JACKSON. "Leave to file GRANTED" signed by Judge Amy B. Jackson on 09/08/2014 (jf, ) (Entered: 09/10/2014)
2014-09-11		MINUTE ORDER granting 15 plaintiff's Motion for Extension of Time. It is ORDERED that plaintiff's response to 12 defendants' motion for summary judgment is due on or before October 24, 2014. Signed by Judge Amy Berman Jackson on 9/11/2014. (lcabj3) (Entered: 09/11/2014)
2014-09-11		Set/Reset Deadlines: Plaintiff's Response to Defendants' Motion for Summary Judgment is now due by 10/24/2014. (jth) (Entered: 09/11/2014)
2014-10-22	16	MOTION for Extension of Time by DOMINIQUE L. JACKSON. "Leave to file GRANTED" signed by Judge Amy B. Jackson on 10/21/2014 (jf, ) (Entered: 10/22/2014)
2014-10-22		MINUTE ORDER granting 16 plaintiff's Motion for Extension of Time. It is ORDERED that plaintiff shall respond to defendant's 12 motion for summary judgment on or before February 23, 2015. The Court advises plaintiff, however, that any new FOIA claims must be exhausted at the administrative level before they can be brought in this Court. The Court further advises plaintiff to take note of Local Rule 7(i), which requires that any motion for leave to amend a pleading be accompanied by a copy of the proposed amended pleading. Signed by Judge Amy Berman Jackson on 10/22/2014. (lcabj3) (Entered: 10/22/2014)
2014-10-23		Set/Reset Deadlines: Plaintiff's Response to Defendants' Motion for Summary Judgment is now due by 2/23/2015. (jth) (Entered: 10/23/2014)
2014-12-01	17	MOTION to Compel by DOMINIQUE L. JACKSON (jf, ) (Entered: 12/03/2014)
2014-12-03	18	ORDER denying 17 Motion to Compel. See order for details. Signed by Judge Amy Berman Jackson on 12/3/2014. (lcabj3) (Entered: 12/03/2014)
2014-12-29	19	MOTION for Discovery by DOMINIQUE L. JACKSON (jf, ) (Entered: 01/05/2015)
2015-01-06	20	ORDER denying 19 Motion for Discovery. See order for details. Signed by Judge Amy Berman Jackson on 1/6/2015. (lcabj3) (Entered: 01/06/2015)
2015-01-29	21	MOTION for Extension of Time by DOMINIQUE L. JACKSON. "Leave to file GRANTED" signed by Judge Amy Brown Jackson on 01/27/2015 (jf, ) (Entered: 01/29/2015)
2015-01-29		MINUTE ORDER granting plaintiff's Motion for Extension of Time 21 . It is ORDERED that plaintiff shall respond to defendant's motion for summary judgment 12 on or before April 24, 2015. Signed by Judge Amy Berman Jackson on 1/29/2015. (lcabj3) (Entered: 01/29/2015)
2015-01-30		Set/Reset Deadlines: Plaintiff's Response to Defendant's Motion for Summary Judgment is due by 4/24/2015. (jth) (Entered: 01/30/2015)
2015-04-29	22	MOTION for Extension of Time by DOMINIQUE L. JACKSON. "Leave to file GRANTED" signed by Judge Amy B. Jackson on 04/27/2015 (jf, ) (Entered: 04/29/2015)
2015-04-30		MINUTE ORDER granting 22 Motion for Extension of Time. It is ORDERED that plaintiff's response to defendants' motion for summary judgment is due by June 8, 2015. Signed by Judge Amy Berman Jackson on 4/30/15. (DMK) (Entered: 04/30/2015)
2015-04-30		Set/Reset Deadlines: Plaintiff's Response to Defendant's Motion for Summary Judgment is now due by 6/8/2015. (jth) (Entered: 04/30/2015)
2015-06-05	23	MOTION to Stay, MOTION for Extension of Time by DOMINIQUE L. JACKSON. "Leave to file GRANTED" signed by Judge Amy B. Jackson on 06/03/2015 (jf) (Entered: 06/05/2015)
2015-06-11		MINUTE ORDER granting 23 Motion to Stay; denying as moot 23 Motion for Extension of Time. It is ORDERED that plaintiff's motion for a stay is granted. It is FURTHER ORDERED that plaintiff's motion for extension of time is denied as moot. It is FURTHER ORDERED that plaintiff shall file a status report on July 13, 2015 and every 30 days thereafter advising the Court of the status of his attempts to gather the information he states he needs to respond to the government's motion for summary judgment. The Court notes that the motion plaintiff states he is planning to file concerning transcripts would not be appropriately filed in this action. Signed by Judge Amy Berman Jackson on 6/11/15. (DMK) (Entered: 06/11/2015)
2015-06-12		Set/Reset Deadline: Status Report from Plaintiff due by 7/13/2015. (jth) (Entered: 06/12/2015)
2015-07-21	24	STATUS REPORT by DOMINIQUE L. JACKSON. "Leave to file GRANTED" signed by Judge Amy B. Jackson on 07/20/2015 (*The correct caption of this case is Jackson v. Dept. of Justice, et al. and future pleadings should be filed with that case name) (jf) (Entered: 07/21/2015)
2015-07-24		MINUTE ORDER. It is ORDERED that plaintiff's next status report on his attempts to gather the information he states he needs to respond to the government's motion for summary judgment is due by August 21, 2015. Signed by Judge Amy Berman Jackson on 7/24/15. (DMK) (Entered: 07/24/2015)
2015-07-24		Set/Reset Deadline: Plaintiff's next status report is due by 8/21/2015. (jth) (Entered: 07/24/2015)
2015-08-18	25	STATUS REPORT by DOMINIQUE L. JACKSON. "Leave to file GRANTED" signed by Judge Amy B. Jackson on 08/17/2015 (jf) (Entered: 08/18/2015)
2015-08-23		MINUTE ORDER. In light of plaintiff's most recent status report, it is ORDERED that plaintiff shall file another status report on his attempts to gather the information he states he needs to respond to the government's motion for summary judgment by September 30, 2015. Signed by Judge Amy Berman Jackson on 8/23/15. (DMK) (Entered: 08/23/2015)
2015-08-24		Set/Reset Deadlines: Plaintiff's next status report is due by 9/30/2015. (jth) (Entered: 08/24/2015)
2015-10-16	26	STATUS REPORT by DOMINIQUE L. JACKSON. "Leave to file GRANTED" signed by Amy B. Jackson on 10/16/2015 (jf) (Entered: 10/19/2015)
2015-10-20		MINUTE ORDER. In light of plaintiff's most recent status report, it is ORDERED that plaintiff shall file another status report on his attempts to gather the information he states he needs to respond to the government's motion for summary judgment by November 30, 2015. Signed by Judge Amy Berman Jackson on 10/20/15. (DMK) (Entered: 10/20/2015)
2015-10-22		Set/Reset Deadlines: Plaintiff shall file another Status Report on his attempts to gather the information he states he needs to Respond to the Government's Motion for Summary Judgment by 11/30/2015. (jth) (Entered: 10/22/2015)
2015-12-10	27	STATUS REPORT by DOMINIQUE L. JACKSON. "Leave to file GRANTED" signed by Judge Amy B. Jackson on 12/09/2015(jf) (Entered: 12/10/2015)
2015-12-14		MINUTE ORDER. In light of plaintiff's most recent status report, it is ORDERED that plaintiff shall file by January 29, 2016 another status report on his attempts to gather the information he states he needs to respond to the government's motion for summary judgment. Signed by Judge Amy Berman Jackson on 12/14/15.(DMK) (Entered: 12/14/2015)
2015-12-14		Set/Reset Deadlines: Plaintiff shall file another Status Report on his attempts to gather the information he states he needs to Respond to the Government's Motion for Summary Judgment by 1/29/2016. (jth) (Entered: 12/14/2015)
2016-02-25	28	STATUS REPORT by DOMINIQUE L. JACKSON. "Leave to file GRANTED" signed by Judge Amy B. Jackson on 02/25/2016 (jf) (Entered: 02/25/2016)
2016-02-25		MINUTE ORDER. In light of plaintiff's most recent status report, it is ORDERED that plaintiff shall file another status report by May 2, 2016. Signed by Judge Amy Berman Jackson on 2/25/16. (DMK) (Entered: 02/25/2016)
2016-02-26		Set/Reset Deadlines: Plaintiff shall file another Status Report by 5/2/2016. (jth) (Entered: 02/26/2016)
2016-06-07	29	STATUS REPORT by DOMINIQUE L. JACKSON. "Leave to file GRANTED" signed by Judge Amy B. Jackson on 06/07/2016 (jf) (Entered: 06/07/2016)
2016-06-09		MINUTE ORDER. In light of plaintiff's most recent status report, it is ORDERED that plaintiff shall file another status report by August 15, 2016. Signed by Judge Amy Berman Jackson on 6/9/16. (DMK) (Entered: 06/09/2016)
2016-06-09		Set/Reset Deadlines: Plaintiff shall file another Status Report by 8/15/2016. (jth) (Entered: 06/09/2016)
2016-10-06		MINUTE ORDER. On June 9, 2016, the Court ordered plaintiff to file another status report by August 15, 2016 on his efforts to gather the information he states that he needs to respond to the government's motion for summary judgment. Plaintiff did not file a status report by the deadline. It is ORDERED that plaintiff shall file a status report by October 17, 2016. Signed by Judge Amy Berman Jackson on 10/6/16. (DMK) (Entered: 10/06/2016)
2016-10-06		Set/Reset Deadlines: Plaintiff's Status Report is due by 10/17/2016. (jth) (Entered: 10/06/2016)
2016-11-30	30	DISCHARGED PURSUANT TO MINUTE ORDER FILED 01/06/17.....ORDER TO SHOW CAUSE. Plaintiff shall show cause why this case should not be dismissed for want of prosecution by January 3, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 11/30/2016.(lcabj3) Modified on 1/18/2017 (jth). (Entered: 11/30/2016)
2017-01-04	31	RESPONSE TO ORDER OF THE COURT re 30 Order to Show Cause filed by DOMINIQUE L. JACKSON. "Leave to file GRANTED" signed by Judge Amy B. Jackson on 01/03/2017 (jf) (Entered: 01/04/2017)
2017-01-06		MINUTE ORDER. In light of plaintiff's response 31 to the order to show cause, the order to show cause is discharged. It is ORDERED that plaintiff shall file a report on the status of his matter on appeal by March 31, 2017. Signed by Judge Amy Berman Jackson on 1/6/17. (DMK) (Entered: 01/06/2017)
2017-01-18		Set/Reset Deadlines: Plaintiff shall file a Report on the Status of his matter on appeal by 3/31/2017. (jth) (Entered: 01/18/2017)
2017-04-14	32	STATUS REPORT by DOMINIQUE L. JACKSON. "Leave to file Granted as a Status Report" signed by Judge Amy B. Jackson on 04/12/2017 (jf) (Entered: 04/14/2017)
2017-04-19	33	ORDER. In light of plaintiff's status report of March 29, 2017 32 , it is ORDERED that the stay in this case is lifted. It is further ORDERED that plaintiff must respond to defendants' motion for summary judgement by May 17, 2017. If plaintiff fails to file a timely response, the Court will treat defendants' motion as conceded and dismiss the case. See Order for details. Signed by Judge Amy Berman Jackson on 4/19/17. (DMK) (Entered: 04/19/2017)
2017-04-19		Set/Reset Deadlines: Plaintiff's Response to Defendants' Motion for Summary Judgment is due by 5/17/2017. (jth) (Entered: 04/19/2017)
2017-05-24	34	MOTION for Extension of Time to File an Amendment or Response as to 12 MOTION for Summary Judgment by DOMINIQUE L. JACKSON. "Leave to file GRANTED" signed by Amy B. Jackson on 05/23/2017 (jf) (Entered: 05/24/2017)
2017-05-24		MINUTE ORDER granting 34 plaintiff's motion for extension of time to respond to defendants' motion for summary judgment 12 . Plaintiff's response is due by 8/17/2017. Signed by Judge Amy Berman Jackson on 5/24/17. (DMK) (Entered: 05/24/2017)
2017-09-08	35	ORDER granting 12 Motion for Summary Judgment. Signed by Judge Amy Berman Jackson on 9/8/17. (DMK) (Entered: 09/08/2017)
2017-09-08	36	VACATED PURSUANT TO MINUTE ORDER FILED 07/11/18.....MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 9/8/17. (DMK) Modified on 7/17/2018 (jth). (Entered: 09/08/2017)
2017-09-18	37	MOTION for Relief from Judgment under Rule 60(b) by DOMINIQUE L. JACKSON (td); "Leave to file GRANTED. File as Motion for Relief from Judgment under Rule 60(b)" by Judge Amy B. Jackson Modified on 9/19/2017 (td). (Entered: 09/19/2017)
2017-09-22	38	ORDER. Since it appears that plaintiff may have missed the deadline to respond to defendant's motion for summary judgment through no fault of his own, plaintiff may file by October 23, 2017 a memorandum in support of his motion for relief from judgment 37 , setting forth any reasons why the Court should not have entered judgment in defendant's favor. Any reply by defendant is due November 6, 2017. See order for details. Signed by Judge Amy Berman Jackson on 9/22/17. (DMK) (Entered: 09/22/2017)
2017-09-22		Set/Reset Deadlines: Plaintiff may file by 10/23/2017 a memorandum in support of his motion for relief from judgment (Dkt. #37), setting forth any reasons why the Court should not have entered judgment in defendant's favor. Any reply by defendant is due by 11/6/2017. (jth) (Entered: 09/22/2017)
2017-10-27	39	MOTION for Extension of Time by DOMINIQUE L. JACKSON (Attachments: # 1 Exhibit A & B)(jf) (Entered: 11/02/2017)
2017-11-02		MINUTE ORDER granting 39 plaintiff's motion for extension of time. Plaintiff's memorandum in support of his motion for relief from judgment 37 , setting forth any reasons why the Court should not have entered judgment in defendant's favor, is due by November 7, 2017. Any reply by defendant is due November 21, 2017. Set/Reset Deadlines: Response due by 11/7/2017 Reply due by 11/21/2017. Signed by Judge Amy Berman Jackson on 11/2/17. (DMK) (Entered: 11/02/2017)
2017-11-28		MINUTE ORDER. Plaintiff filed this FOIA case on February 10, 2014. On August 19, 2014, defendants filed a motion for summary judgment 12 . On August 28, 2014, the Court advised plaintiff of defendants' motion and ordered him to respond by October 13, 2014 13 , notifying him that failure to do so may result in the Court granting the motion and dismissing the case. Plaintiff requested and was granted a number of extensions of time to respond to the motion because he was trying to obtain trial transcripts that he considered relevant to his response. On June 11, 2015, the Court stayed this case at plaintiff's request so he could request to have audio recordings of the trial transcribed. In a filing dated March 29, 2017, plaintiff notified the Court that his conviction had been upheld and the appeals court denied his motion to correct the record as it related to the transcripts he sought for this case 32 . Given this, the Court lifted the stay on April 19, 2017 and ordered plaintiff to respond to defendants' motion by May 17, 2017, warning him of the consequences if he failed to do so 33 . Plaintiff requested and was granted an extension of that deadline until August 17, 2017, but plaintiff did not respond by that date. On September 8, 2017, the Court granted defendants' motion for summary judgment on the merits, not simply as conceded 35 36 . On September 18, 2017, the Court received a motion from plaintiff for an extension of time to oppose the motion for summary judgment, which appeared to have been sent on August 31, 2017, before the Court ruled in the motion for summary judgment. On September 22, 2017, the Court issued an order deeming the extension request to be a motion for relief from judgment under Rule 60(b) 38 , stating "since it appears that plaintiff may have missed the deadline to respond to defendant's motion for summary judgment through no fault of his own, plaintiff may file by October 23, 2017 a memorandum in support of his motion for relief from judgment, setting forth any reasons why the Court should not have entered judgment in defendant's favor." On October 27, 2017, the Court received another motion for extension of time 39 , which appears to be dated October 18, 2017, in which plaintiff reported that he was "95% finished" with his memorandum and needed an additional 15 days. On November 2, 2017, the Court granted plaintiff's request and ordered him to file his memorandum by November 7, 2017. As of today's date, nothing has been received. Given plaintiff's attempts to participate in the litigation to date, the Court will give him one more opportunity before denying the motion for relief from judgment and concluding the case once and for all. Plaintiff must file a memorandum setting forth any reasons why the Court should not have entered judgment in defendant's favor by December 20, 2017, and no further extensions will be granted. Signed by Judge Amy Berman Jackson on 11/28/17. (DMK) (Entered: 11/28/2017)
2017-12-04	40	MOTION for Relief from Summary Judgment by DOMINIQUE L. JACKSON (Attachments: # 1 Exhibit) (jf) (Entered: 12/05/2017)
2017-12-04	41	MOTION for Leave to File Amended or Supplement Pleadings by DOMINIQUE L. JACKSON (Attachments: # 1 Exhibit Amended Complaint, # 2 Exhibits to Amended Complaint)(jf) (Entered: 12/05/2017)
2018-05-17	42	MOTION to Clarify and Request to issue an order by DOMINIQUE L. JACKSON (jf) (Entered: 05/18/2018)
2018-05-18		MINUTE ORDER granting 42 Motion to Clarify. It is ORDERED that defendant shall respond to plaintiff's motions 40 and 41 by June 8, 2018. Signed by Judge Amy Berman Jackson on 5/18/18. (DMK) (Entered: 05/18/2018)
2018-06-06	43	NOTICE of Appearance by Denise M. Clark on behalf of All Defendants (Clark, Denise) (Entered: 06/06/2018)
2018-06-06	44	First MOTION for Extension of Time to File Response/Reply as to 41 MOTION for Leave to File, 40 MOTION for Relief from Judgment by UNITED STATES DEPARTMENT OF JUSTICE(Office of Information Policy), UNITED STATES DEPARTMENT OF JUSTICE(Criminal Division) (Attachments: # 1 Text of Proposed Order)(Clark, Denise) (Entered: 06/06/2018)
2018-06-07		MINUTE ORDER granting 44 motion for extension of time. It is ORDERED that the government's responses to plaintiff's 40 Motion for Relief from Summary Judgement and 41 Motion for Leave to File Amendment are due by July 9, 2018. The Court notes that given the age of the case and the motions, it would be disinclined to extend the deadline further. Signed by Judge Amy Berman Jackson on 6/7/18. (DMK) (Entered: 06/07/2018)
2018-06-07		Set/Reset Deadlines: Government's responses to Motions 40 and 41 are due by 7/9/2018. (tg) (Entered: 06/07/2018)
2018-07-06	46	MOTION for Leave to File Supplemental Pleading by DOMINIQUE L. JACKSON (jf) (Entered: 07/10/2018)
2018-07-09	45	RESPONSE re 41 MOTION for Leave to File, 40 MOTION for Relief from Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE(Office of Information Policy). (Attachments: # 1 Exhibit)(Clark, Denise) (Entered: 07/09/2018)
2018-07-11		MINUTE ORDER. In light of 45 defendants' response to plaintiff's motions, it is ORDERED that 37 plaintiff's motion for relief from judgment is GRANTED and the Court's memorandum opinion 36 issued on September 8, 2017 is hereby VACATED. It is FURTHER ORDERED that 41 plaintiff's motion to file an amended complaint is GRANTED. The Clerk of Court is directed to file the amended complaint [41-1] and its exhibits [41-2] on the docket. The Court notes that the motion to amend seeks to add a claim about an additional FOIA/Privacy Act request; it does not seek to add any other defendants, nor does the amended complaint name any new parties. Accordingly, the Court advises plaintiff that the amended complaint applies only to the existing defendants in this case, the U.S. Department of Justice's Criminal Division and the U.S. Department of Justice's Office of Information Policy. Any other claims plaintiff may have against separate defendants must be filed in a new case against them. Finally, it is FURTHER ORDERED that defendants shall file their response to the amended complaint by October 11, 2018. Signed by Judge Amy Berman Jackson on 7/11/18. (DMK) Modified on 7/11/2018 to indicate the correct document number for defendants' response 45 not 46 (zjth). (Entered: 07/11/2018)
2018-07-11	47	AMENDED COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE(Office of Information Policy), UNITED STATES DEPARTMENT OF JUSTICE(Criminal Division) with Jury Demand filed by DOMINIQUE L. JACKSON. (Attachments: # 1 Exhibit)(jf) (Entered: 07/18/2018)
2018-10-01		MINUTE ORDER granting 46 plaintiff's Motion for Leave to File. The Clerk of Court is directed to file the attachment to plaintiff's motion under seal. Signed by Judge Amy Berman Jackson on 10/1/18. (DMK) (Entered: 10/01/2018)
2018-10-01	48	SEALED DOCUMENT filed by DOMINIQUE L. JACKSON. (This document is SEALED and only available to authorized persons.)(zjf) (Entered: 10/04/2018)
2018-10-11	49	ANSWER to 47 Amended Complaint by UNITED STATES DEPARTMENT OF JUSTICE(Office of Information Policy), UNITED STATES DEPARTMENT OF JUSTICE(Criminal Division).(Clark, Denise) (Entered: 10/11/2018)
2018-10-11	50	CERTIFICATE OF SERVICE by UNITED STATES DEPARTMENT OF JUSTICE(Office of Information Policy), UNITED STATES DEPARTMENT OF JUSTICE(Criminal Division) re 49 Answer to Amended Complaint . (Clark, Denise) (Entered: 10/11/2018)
2018-10-15	51	ORDER that defendant file on or before November 12, 2018 a dispositive motion or, in the alternative, a report setting forth the schedule for document production to plaintiff. See ORDER for details. Signed by Judge Amy Berman Jackson on 10/15/18. (DMK) (Entered: 10/15/2018)
2018-10-18		Set/Reset Deadlines: Dispositive Motion or report setting for the schedule regarding production of documents to plaintiff due by 11/12/2018. (tb) (Entered: 10/18/2018)
2018-11-09	52	STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE(Office of Information Policy), UNITED STATES DEPARTMENT OF JUSTICE(Criminal Division). (Clark, Denise) (Entered: 11/09/2018)
2018-11-09	53	CERTIFICATE OF SERVICE by UNITED STATES DEPARTMENT OF JUSTICE(Office of Information Policy), UNITED STATES DEPARTMENT OF JUSTICE(Criminal Division) re 52 Status Report . (Clark, Denise) (Entered: 11/09/2018)
2018-11-15		MINUTE ORDER. In light of defendants' status report 52 , it is ORDERED that defendants' motion for summary judgment is due by December 10, 2018, plaintiff's response is due by January 11, 2019, and defendants' reply is due by February8, 2019. Signed by Judge Amy Berman Jackson on 11/15/18. (DMK) (Entered: 11/15/2018)
2018-11-15		Set/Reset Deadlines: Defendants' motion for summary judgment is due by 12/10/2018, Plaintiff's response is due by 1/11/2019, Defendants' reply is due by 2/8/2019. (jth) (Entered: 12/11/2018)
2018-12-10	54	MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE(Office of Information Policy), UNITED STATES DEPARTMENT OF JUSTICE(Criminal Division) (Attachments: # 1 Statement of Facts, # 2 Affidavit Sprung, # 3 Exhibit 1st FOIA request, # 4 Exhibit EOUSA Response, # 5 Exhibit Appeal, # 6 Exhibit Denial, # 7 Exhibit 2nd FOIA request, # 8 Exhibit Response, # 9 Exhibit Appeal, # 10 Exhibit Untimely Appeal Ltr, # 11 Exhibit Vaughn index, # 12 Exhibit transcript)(Clark, Denise) (Entered: 12/10/2018)
2018-12-13	55	ORDER advising plaintiff to respond by January 11, 2019 to defendants' renewed motion for summary judgment or risk summary dismissal of the case on what will be treated as a conceded motion. See Order for details. Signed by Judge Amy Berman Jackson on 12/13/18. (DMK) (Entered: 12/13/2018)
2019-09-27	56	MEMORANDUM OPINION AND ORDER granting 54 defendants' renewed motion for summary judgment. Signed by Judge Amy Berman Jackson on 9/27/19. (DMK) Modified on 9/29/2019 (zjth). (Entered: 09/27/2019)
2019-09-30	57	ORDER granting 54 defendants' motion for summary judgment. Signed by Judge Amy Berman Jackson on 9/30/19. (DMK) (Entered: 09/30/2019)
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