Skip to content

Case Detail

[Subscribe to updates]
Case TitleStephen Yagman v. John Owen Brennan et al
DistrictCentral District of California
CityWestern Division - Los Angeles
Case Number2:2014cv08033
Date Filed2014-10-17
Date Closed2020-06-09
JudgeJudge Philip S. Gutierrez
PlaintiffStephen Yagman
Case DescriptionStephen Yagman submitted a FOIA request to the CIA for records identifying individuals or entities referred to by President Obama when he said "we" had tortured people during the fight against terrorism. The agency did not provide a response to Yagman's request and he filed suit. Yagman also filed a class action suit as the representative of an estimated 50 individuals who also wanted to know the identity of "we" in Obama's comments.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantJohn Owen Brennan
DefendantCentral Intelligence Agency
AppealNinth Circuit 15-55442
AppealNinth Circuit 18-55784
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-10-171COMPLAINT Receipt No: 0973-14632307 - Fee: $400, filed by Plaintiff Stephen Yagman. (Attorney Joseph Reichmann added to party Stephen Yagman(pty:bkmov))(Reichmann, Joseph) (Entered: 10/17/2014)
2014-10-172CIVIL COVER SHEET filed by Movant Stephen Yagman. (Reichmann, Joseph) (Entered: 10/17/2014)
2014-10-173INTERESTED PARTIES filed by Movant Stephen Yagman re: Complaint (Attorney Civil Case Opening) 1 (Reichmann, Joseph) (Entered: 10/17/2014)
2014-10-174RELATED CASE filed by Movant Stephen Yagman re: Complaint (Attorney Civil Case Opening) 1 (Reichmann, Joseph) (Entered: 10/17/2014)
2014-10-175Summons filed by Movant Stephen Yagman re: Complaint (Attorney Civil Case Opening) 1 (Reichmann, Joseph) (Entered: 10/17/2014)
2014-10-176NOTICE OF ASSIGNMENT to District Judge Philip S. Gutierrez and Magistrate Judge Charles F. Eick. (ghap) (Entered: 10/17/2014)
2014-10-177NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) (Entered: 10/17/2014)
2014-10-17860 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendants John Owen Brennan, Central Intelligence Agency. (ghap) (Entered: 10/17/2014)
2014-10-179NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Miscellaneous Document 3 . The following error(s) was found: Other error(s) with document(s): Incorrect event selected. Correct event to be used is Certificate/Notice of Interested Parties. (ghap) (Entered: 10/17/2014)
2014-10-1710NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Miscellaneous Document 4 . The following error(s) was found: Other error(s) with document(s): Incorrect event selected. Correct event to be used is Related Case(s). (ghap) (Entered: 10/17/2014)
2014-10-1711NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Miscellaneous Document 5 . The following error(s) was found: Other error(s) with document(s): Incorrect event selected. Correct event to be used is Summons Request. (ghap) (Entered: 10/17/2014)
2014-10-2012STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge Philip S. Gutierrez (SEE DOCUMENT FOR FURTHER DETAILS). (ab) (Entered: 10/21/2014)
2014-11-0413NOTICE OF DISCREPANCY AND ORDER: by Judge Philip S. Gutierrez, ORDERING NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT & SUBSEQUENT DOCUMENTS submitted by Plaintiff Stephen Yagman received on 11/4/14 is not to be filed but instead rejected. Denial based on: Hearing date selected closed on 10/31/14. Please review the Court's web site and Orders. (lom) (Entered: 11/05/2014)
2014-11-0714DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 1/16/15, DOCUMENT 45 . NOTICE of Appearance filed by attorney Vesper Mei on behalf of Defendants John Owen Brennan, Central Intelligence Agency (Attorney Vesper Mei added to party John Owen Brennan(pty:dft), Attorney Vesper Mei added to party Central Intelligence Agency(pty:dft))(Mei, Vesper) Modified on 1/16/2015 (bm). (Entered: 11/07/2014)
2014-11-0715DOCUMENT IS STRICKEN - NOTICE OF MOTION AND MOTION for Summary Judgment as to Entire Action filed by Plaintiff Stephen Yagman. Motion set for hearing on 1/19/2015 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Supplement Uncontroverted Facts and Conclusions of Law, # 2 Supplement Judgment)(Reichmann, Joseph) Modified on 1/15/2015 (lom). (Doc is stricken, see Order 44 .) (Entered: 11/07/2014)
2014-11-1216NOTICE OF DISCREPANCY AND ORDER: by Judge Philip S. Gutierrez, ORDERING Notice of Motion and Motion for Summary Judgment and Subsequent Documents submitted by Plaintiff Stephen Yagman received on 11/7/14 is not to be filed but instead rejected. Denial based on: Local Rule 5-4.1: Documents must be filed electronically. Local Rule 6-1: Written notice of motion lacking or timeliness of notice incorrect. Other: Hearing date set Dr. Martin Luther King Jr. Day. (bm) (Entered: 11/13/2014)
2014-11-1417NOTICE OF MOTION AND MOTION for Summary Judgment as to All issues filed by Plaintiff Stephen Yagman. Motion set for hearing on 1/26/2015 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Statement of Uncontroverted Facts and Conclusions of Law, # 2 Judgment)(Reichmann, Joseph) (Entered: 11/14/2014)
2014-11-1718NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Attachments 1 and 2: Statement, Judgment 17 . The following error(s) was found: Other error(s) with document(s) are specified below: A Statement of Uncontroverted Facts and Conclusions of Law should be e-filed as a separate, stand-alone document using the event Responses/Replies/Other Motion Related Documents-Statement (Motion related). Caption of Judgment should indicate [Proposed]. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) (Entered: 11/17/2014)
2014-11-1719STATEMENT of Uncontroverted Facts and Conclusions of Law MOTION for Summary Judgment as to All issues 17 filed by Plaintiff Stephen Yagman. (Reichmann, Joseph) (Entered: 11/17/2014)
2014-11-1720[PROPOSED] JUDGMENT re MOTION for Summary Judgment as to All issues 17 filed by Plaintiff Stephen Yagman. (Reichmann, Joseph) (Entered: 11/17/2014)
2014-11-1821NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: [Proposed] Judgment 20 . The following error(s) was found: Incorrect event selected. Other error(s) with document(s) are specified below The correct event is: Notices-Notice of Lodging.: A [Proposed] Judgment should be submitted by e-filing a Notice of Lodging with the separate, additional attachment of the [Proposed] Judgment. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) (Entered: 11/18/2014)
2014-11-1822NOTICE OF LODGING filed by Plaintiff re MOTION for Summary Judgment as to All issues 17 (Attachments: # 1 Proposed Judgment on Motion to Summary Judgment)(Reichmann, Joseph) (Entered: 11/18/2014)
2014-11-2423DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 12/1/14, DOCUMENT 24 . ANSWER to Complaint (Attorney Civil Case Opening) 1 filed by defendants John Owen Brennan, Central Intelligence Agency.(Mei, Vesper) Modified on 12/2/2014 (bm). (Entered: 11/24/2014)
2014-12-0124ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT(S) by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Answer by Defts 23 , for the following reasons: Local Rule 7.1-1 No Certification of Interested Parties and/or no copies. (bm) (Entered: 12/02/2014)
2014-12-0325DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 1/16/15, DOCUMENT 45 . ANSWER to Complaint (Attorney Civil Case Opening) 1 filed by defendants John Owen Brennan, Central Intelligence Agency.(Mei, Vesper) Modified on 1/16/2015 (bm). (Entered: 12/03/2014)
2014-12-0426ORDER SETTING SCHEDULING CONFERENCE by Judge Philip S. Gutierrez. Scheduling Conference set for 2/23/2015 at 02:00 PM. (wm) (Entered: 12/04/2014)
2014-12-0727EX PARTE APPLICATION to Disqualify Judge Gutierrez Magistrate Judge Eick and all Central District Judicial officers filed by Plaintiff Stephen Yagman. (Attachments: # 1 Proposed Order)(Reichmann, Joseph) (Entered: 12/07/2014)
2014-12-0928REFERRAL OF MOTION to Disqualify all Central District Judicial Officers has been filed. Pursuant to GO 14-03 and Local Rule 72-5 EX PARTE APPLICATION to Disqualify all Central District Judicial officers 27 is referred to Judge Justin L. Quackenbush for determination. (mg) (Entered: 12/09/2014)
2014-12-1029OPPOSITION to EX PARTE APPLICATION to Disqualify Judge Gutierrez Magistrate Judge Eick and all Central District Judicial officers 27 and Notice of Errata filed by Defendants John Owen Brennan, Central Intelligence Agency. (Attachments: # 1 Declaration, # 2 Proposed Order)(Mei, Vesper) (Entered: 12/10/2014)
2014-12-1030REPLY in support of ex parte application EX PARTE APPLICATION to Disqualify Judge Gutierrez Magistrate Judge Eick and all Central District Judicial officers 27 filed by Plaintiff Stephen Yagman. (Reichmann, Joseph) (Entered: 12/10/2014)
2014-12-2931ORDER by Judge Justin L. Quackenbush: Denying 27 Plaintiff's Ex Parte Application to Disqualify All Judicial Officers of the Central District of California. Counsel for the Defendants shall promptly refile all previously filed court documents that erroneously contained the name of Andre Birotte, Jr., omitting therefrom the name of Andre Birotte, Jr. Upon the refiling of the substitute documents referred to in number 2 above, the previously filed pleading(s) shall be stricken. (SEE ORDER FOR DETAILS). (vp) (Entered: 12/29/2014)
2014-12-3132PROOF OF SERVICE Executed by Plaintiff Stephen Yagman, upon Defendant All Defendants. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Civil Process Clerk (illegible). Executed upon the Attorney Generals Office of the United States by delivering a copy to Ely Sam (illegible). Executed upon the officer agency or corporation by delivering a copy to Angela L (illegible). Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons NOT returned. (Reichmann, Joseph) (Entered: 12/31/2014)
2014-12-3133REQUEST for Clerk to Enter Default against Defendants All Defendants filed by Plaintiff Stephen Yagman. (Reichmann, Joseph) (Entered: 12/31/2014)
2014-12-3134NOTICE filed by Plaintiff Stephen Yagman. of Filing of Original Summons (Attachments: # 1 Exhibit Original Summons)(Reichmann, Joseph) (Entered: 12/31/2014)
2015-01-0235NOTICE OF DEFICIENCY Re: REQUEST for Clerk to Enter Default against Defendants All Defendants 33 . The Clerk cannot enter the requested relief as Answer and/or Motion for Summary Judgment and/or Motion to Dismiss on file. (bm) (Entered: 01/02/2015)
2015-01-0536NOTICE of Filing of Notice of Appearance filed by defendants John Owen Brennan, Central Intelligence Agency. (Attachments: # 1 Exhibit A - Notice of Appearance)(Mei, Vesper) (Entered: 01/05/2015)
2015-01-0537NOTICE of Filing of Answer filed by defendants John Owen Brennan, Central Intelligence Agency. (Attachments: # 1 Exhibit A - Answer)(Mei, Vesper) (Entered: 01/05/2015)
2015-01-0538MEMORANDUM in Opposition to MOTION for Summary Judgment as to All issues 17 filed by Defendants John Owen Brennan, Central Intelligence Agency. (Attachments: # 1 Declaration Declaration of John C. Giuffrida, Jr., # 2 Proposed Order)(Mei, Vesper) (Entered: 01/05/2015)
2015-01-0539STATEMENT of Genuine Issues in Support of Opposition to MOTION for Summary Judgment as to All issues 17 filed by Defendants John Owen Brennan, Central Intelligence Agency. (Mei, Vesper) (Entered: 01/05/2015)
2015-01-0840NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) 36 . The following error(s) was found: Incorrect event selected. The correct event is: Notices >> Appearance. Note: Wrong event does not provide relief or changes sought. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lt) (Entered: 01/08/2015)
2015-01-1241NOTICE OF MOTION AND MOTION for Sanctions SANCTIONS PURSUANT TO 28 U.S.C. 1927 AND COURT'S INHERENT POWER, AGAISNT DFEENSE COUNSEL AUSA VESPER MEI AND HER DECLARATION, JOHN GIUFFRIDA, FOR OMITTING MATERIAL FROM THEIR PAPERS, IN ORDER TO MISLEAD THE COURT filed by Plaintiff Stephen Yagman. Motion set for hearing on 3/9/2015 at 01:30 AM before Judge Philip S. Gutierrez. (Attachments: # 1 Proposed Order)(Reichmann, Joseph) (Entered: 01/12/2015)
2015-01-1242REPLY REPLY MOTION for Summary Judgment as to All issues 17 filed by Plaintiff Stephen Yagman. (Reichmann, Joseph) (Entered: 01/12/2015)
2015-01-1443NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by defendants John Owen Brennan, Central Intelligence Agency. Motion set for hearing on 3/9/2015 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Declaration of John C. Giuffrida, Jr., # 2 Proposed Order)(Mei, Vesper) (Entered: 01/14/2015)
2015-01-1544ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT(S) by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: MOTION for Summary Judgment as to Entire Action 15 , for the following reasons: Motion hearing set on a holiday; Motion refiled on 11/14/14-See #17. (lom) (Entered: 01/15/2015)
2015-01-1645ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT(S) by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Notice of Appearance, 14 , Answer 25 , for the following reasons: Other: Pursuant to Order issued on 12/29/14 (#31), the documents referenced above are stricken. The documents were refiled as documents #36 and 3#7 respectively (bm) (Entered: 01/16/2015)
2015-01-2046MINUTE ORDER (In Chambers): Order Rescheduling Hearing Date by Judge Philip S. Gutierrez. Before the Court is Plaintiff Stephen Yagman's ("Plaintiff") motion for summary judgment set for hearing on January 26, 2015. See Dkt. 17 . The Court hereby reschedules the hearing date for March 9, 2015. IT IS SO ORDERED. (lom) (Entered: 01/20/2015)
2015-01-2847EX PARTE APPLICATION to Vacate Initial Order Setting R26 Scheduling Conference - form only 26 and Joint Statement Requirements filed by defendants John Owen Brennan, Central Intelligence Agency. (Attachments: # 1 Proposed Order)(Mei, Vesper) (Entered: 01/28/2015)
2015-01-3048NOTICE OF MOTION AND MOTION for Sanctions against defense counsel, Vesper Mei, and her declarant, John Giuffrida, pursuant to Rule 11, F.R. Civ. P. for making false and misleading deletions from quotations in their papers filed by Plaintiff Stephen Yagman. Motion set for hearing on 3/23/2015 at 01:30 PM before Judge Philip S. Gutierrez. (Reichmann, Joseph) (Entered: 01/30/2015)
2015-01-3049ORDER GRANTING DEFENDANTS' EX PARTE APPLICATION TO VACATE SCHEDULING CONFERENCE by Judge Philip S. Gutierrez granting 47 Ex Parte Application to Vacate: This matter is before the Court on Defendants' Ex Parte Application to Vacate Scheduling Conference. It is hereby ORDERED that defendants' application is GRANTED. The conference currently set for February 23, 2015, is vacated. The parties need not file a joint statement unless and until the conference is rescheduled. (bm) (Entered: 01/30/2015)
2015-02-0250TEXT ONLY ENTRY IN CHAMBERS by Judge Philip S. Gutierrez: On the Court's own motion, the following matters are hereby continued to 03/23/15 at 1:30pm: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT 17 , PLAINTIFF'S MOTION TO IMPOSE SANCTIONS 41 and DEFENDANT'S MOTION TO DISMISS 43 .THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY (Entered: 02/02/2015)
2015-03-0151Request to Strike and Opposition to Defendants's Motion to Dismiss re: MOTION to Dismiss for Lack of Jurisdiction 43 , filed by Plaintiff Stephen Yagman. (Reichmann, Joseph) (Entered: 03/01/2015)
2015-03-0252MEMORANDUM in Opposition to MOTION for Sanctions SANCTIONS PURSUANT TO 28 U.S.C. 1927 AND COURT'S INHERENT POWER, AGAISNT DFEENSE COUNSEL AUSA VESPER MEI AND HER DECLARATION, JOHN GIUFFRIDA, FOR OMITTING MATERIAL FROM THEIR PAPERS, IN ORDER TO MISLEAD THE COURT 41 , MOTION for Sanctions against defense counsel, Vesper Mei, and her declarant, John Giuffrida, pursuant to Rule 11, F.R. Civ. P. for making false and misleading deletions from quotations in their papers 48 filed by Defendants John Owen Brennan, Central Intelligence Agency. (Attachments: # 1 Proposed Order)(Mei, Vesper) (Entered: 03/02/2015)
2015-03-0253NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Request to Strike and Opposition 51 . The following error(s) was found: Incorrect event selected. Other error(s) with document(s) are specified below The correct event is: Requests-Strike.: Request to Strike and Opposition should be e-filed as two separate documents, or if one document correct event should be used. Proposed order was not submitted as a separate, additional attachment to the Request. A stand-alone proposed order can be e-filed by submitting a Notice of Lodging with the separate, additional attachment of the proposed order. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) (Entered: 03/02/2015)
2015-03-0254REQUEST to Strike Motion to Dismiss MOTION to Dismiss for Lack of Jurisdiction 43 filed by Plaintiff Stephen Yagman. Request set for hearing on 3/23/2015 at 01:30 PM before Judge Philip S. Gutierrez. (Reichmann, Joseph) (Entered: 03/02/2015)
2015-03-0255Opposition Opposition re: MOTION to Dismiss for Lack of Jurisdiction 43 filed by Plaintiff Stephen Yagman. (Reichmann, Joseph) (Entered: 03/02/2015)
2015-03-0256NOTICE OF LODGING filed of Order on Plainitff's Request to Strike Defendants' Motion to Dismiss re Notice of Deficiency in Electronically Filed Documents (G-112A),,, 53 , Request to Strike, Request for Relief 54 (Attachments: # 1 Proposed Order)(Reichmann, Joseph) (Entered: 03/02/2015)
2015-03-0357NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Request to Strike Motion to Dismiss 54 . The following error(s) was found: Hearing information is missing, incorrect, or not timely. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) (Entered: 03/03/2015)
2015-03-0558REPLY In Support Of MOTION for Sanctions SANCTIONS PURSUANT TO 28 U.S.C. 1927 AND COURT'S INHERENT POWER, AGAISNT DFEENSE COUNSEL AUSA VESPER MEI AND HER DECLARATION, JOHN GIUFFRIDA, FOR OMITTING MATERIAL FROM THEIR PAPERS, IN ORDER TO MISLEAD THE COURT 41 , MOTION for Sanctions against defense counsel, Vesper Mei, and her declarant, John Giuffrida, pursuant to Rule 11, F.R. Civ. P. for making false and misleading deletions from quotations in their papers 48 filed by Plaintiff Stephen Yagman. (Reichmann, Joseph) (Entered: 03/05/2015)
2015-03-0559RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS 53 by Judge Philip S. Gutierrez. Document 51 rendered moot. Same document refiled on 03/02/15. (wm) (Entered: 03/05/2015)
2015-03-0560RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS 57 by Judge Philip S. Gutierrez. The document 54 is accepted as filed, and set for hearing on 03/23/15 at 1:30 pm. (wm) (Entered: 03/05/2015)
2015-03-0961REPLY in support of MOTION to Dismiss for Lack of Jurisdiction 43 filed by Defendants John Owen Brennan, Central Intelligence Agency. (Mei, Vesper) (Entered: 03/09/2015)
2015-03-0962OPPOSITION to Request to Strike, Request for Relief 54 filed by Defendants John Owen Brennan, Central Intelligence Agency. (Attachments: # 1 Proposed Order)(Mei, Vesper) (Entered: 03/09/2015)
2015-03-1963(IN CHAMBERS)MINUTE ORDER by Judge Philip S. Gutierrez: The Court GRANTS the motion to dismiss 43 without prejudice, and DENIES Plaintiffs motion to strike 54 . See Order for further details. (wm) (Entered: 03/19/2015)
2015-03-1964(IN CHAMBERS) ORDER by Judge Philip S. Gutierrez: DENYING 41 Motion for Sanctions; and DENYING 48 Motion for Sanctions. (Please see attached document for details.) (dgon) (Entered: 03/19/2015)
2015-03-1965(IN CHAMBERS) ORDER by Judge Philip S. Gutierrez: Finding as MOOT 17 Motion for Summary Judgment. (Please see attached document for details.) (dgon) (Entered: 03/19/2015)
2015-03-2266NOTICE OF APPEAL to the 9th CCA filed by Plaintiff Stephen Yagman. Appeal of Order on Motion for Sanctions, 64 , Order on Motion for Summary Judgment 65 , Order on Motion to Dismiss/Lack of Jurisdiction, Order on Request to Strike 63 (Appeal fee FEE NOT PAID.) (Reichmann, Joseph) (Entered: 03/22/2015)
2015-03-2367FILING FEE LETTER issued as to Plaintiff Stephen Yagman, re Notice of Appeal to 9th Circuit Court of Appeals, 66 . (mat) (Entered: 03/23/2015)
2015-03-2369ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th CCA 66 filed by Stephen Yagman. CCA # 15-55442. A review of the docket reflects that appellant has not paid the docketing and filing fees for this appeal. Within 21 days from the date of this order, appellant shall: (1) file a motion with this court to proceed in forma pauperis; (2) pay $505 to the district court as the docketing and filing fees for this appeal and provide proof of payment to this court; or [See document] If appellant fails to comply with this order, this appeal will be dismissedautomatically by the Clerk for failure to prosecute. [See document for more details] (mat) (Entered: 03/25/2015)
2015-03-2568NOTIFICATION by Circuit Court of Appellate Docket Number 15-55442, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals, 66 as to Plaintiff Stephen Yagman. (car) (Entered: 03/25/2015)
2015-03-27APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of Appeals, 66 as to Plaintiff Stephen Yagman; Receipt Number: LA114086 in the amount of $505. (Fe) (Entered: 03/27/2015)
2015-05-1370ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, 66 filed by Stephen Yagman. CCA # 15-55442. Appellant's opposed motion for reconsideration is granted in part. [See document for all details] (mat) (Entered: 05/14/2015)
2016-12-2371ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, 66 filed by Stephen Yagman. CCA # 15-55442. Appellant's motion for an injunction is DENIED. Appellant's petition for a writ of mandamus is DENIED. It is further ordered that Appellant's [Corrected] Reply on Motion for Injunction/Verified Petition for Writ of Mandamus is stricken as a filing not authorized by the Federal Rules of Appellate Procedure or the Ninth Circuit Rules. (mat) (Entered: 12/28/2016)
2017-08-2872Notice of Appearance or Withdrawal of Counsel: for attorney Amy Powell counsel for Defendants John Owen Brennan, Central Intelligence Agency. Adding Amy E. Powell as counsel of record for Michael Pompeo, Central Intelligence Agency for the reason indicated in the G-123 Notice. Filed by Defendants Michael Pompeo, Central Intelligence Agency. (Attorney Amy Powell added to party John Owen Brennan(pty:dft), Attorney Amy Powell added to party Central Intelligence Agency(pty:dft))(Powell, Amy) (Entered: 08/28/2017)
2017-08-2873OPINION from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, 66 filed by Stephen Yagman. CCA # 15-55442. The judgment is REVERSED and REMANDED.(mat) (Entered: 08/28/2017)
2017-09-1174BILL OF COSTS filed by Plaintiff Stephen Yagman , filing fee for appeal, re: USCA Memorandum/Opinion/Order 73 (Yagman, Marion) (Entered: 09/11/2017)
2017-10-1975ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, 66 filed by Stephen Yagman. CCA # 15-55442. Any dispute that Yagman has with the government after the mandate issues concerning its response to his FOIA request or whether it has failed to comply with this court's judgment, can and should be directed to the district court. (mat) (Entered: 10/19/2017)
2017-10-2776MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, 66 CCA # 15-55442. The judgment of the 9th Circuit Court, entered August 28, 2017, takes effect this date.This constitutes the formal mandate of the 9th CCA issued pursuant to Rule41(a) of the Federal Rules of Appellate Procedure. [See USCA Opinion 73 , The judgment is REVERSED and REMANDED. ] (mat) (Entered: 10/30/2017)
2017-11-2177BILL OF COSTS ON APPEAL filed by Plaintiff Stephen Yagman , FOR APPEAL COSTS, re: USCA Mandate, 76 (Reichmann, Joseph) (Entered: 11/21/2017)
2017-11-2778OBJECTIONS to Miscellaneous Document 74 , Miscellaneous Document 77 (Objections to Bill of Costs) filed by Defendants John Owen Brennan, Central Intelligence Agency. (Attachments: # 1 Combined Exhibits to Objections)(Powell, Amy) (Entered: 11/27/2017)
2017-11-2779PLAINTIFF'S RESPONSE TO DEFENDANTS' OBJECTION TO PLAINTIFF'S BILL OF COSTS filed by Plaintiff Stephen Yagman re: Miscellaneous Document 77 , Objection 78 (Reichmann, Joseph) (Entered: 11/27/2017)
2017-11-2980FURTHER RESPONSE TO DEFENDANTS' OBJECTIONS TO TAXING COST OF APPELLATE FILING AGAINST DEFENDANTS filed by Plaintiff Stephen Yagman re: Miscellaneous Document 79 , Miscellaneous Document 77 , Objection 78 (Attachments: # 1 Exhibit)(Reichmann, Joseph) (Entered: 11/29/2017)
2017-11-2981AMENDED MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals 66 CCA # 15-55442. The judgment of the 9th Circuit Court, entered August 28, 2017, takes effect this date. This constitutes the formal mandate of the 9th CCA issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. Costs are taxed against the appellee in the amount of $75.60. (mat) (Entered: 11/30/2017)
2018-01-2482NOTICE OF MOTION AND MOTION for Costs against All Defendants filed by Plaintiff Stephen Yagman. Motion set for hearing on 3/12/2018 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Proposed Order) (Reichmann, Joseph) (Entered: 01/24/2018)
2018-01-3183TEXT ONLY ENTRY (In Chambers) by Judge Philip S. Gutierrez: The case is reopened. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY (Entered: 01/31/2018)
2018-02-1684MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Costs against All Defendants 82 filed by Defendants John Owen Brennan, Central Intelligence Agency. (Attachments: # 1 Combined Exhibits)(Powell, Amy) (Entered: 02/16/2018)
2018-02-1885REPLY REPLY IN SUPPORT OF MOTION NOTICE OF MOTION AND MOTION for Costs against All Defendants 82 filed by Plaintiff Stephen Yagman. (Reichmann, Joseph) (Entered: 02/18/2018)
2018-02-2086NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Reply (Motion related) 85 . The following error(s) was/were found: Document and docket text must match. Other error(s) with document(s): Parties to adhere to the rules and procedures of the Court when e-filing. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ab) Modified on 2/20/2018 (ab). (Entered: 02/20/2018)
2018-02-2187REPLY in support of motion NOTICE OF MOTION AND MOTION for Costs against All Defendants 82 replacement for reply with incorrect heading on page 1 thereof filed by Plaintiff Stephen Yagman. (Reichmann, Joseph) (Entered: 02/21/2018)
2018-02-2788MINUTES (IN CHAMBERS) The Court DENIES Plaintiff's Motion for Costs by Judge Philip S. Gutierrez denying 82 MOTION for Costs: This Court is "unwilling to excuse non-compliance with the Local Rules," see Superbalife Int'l v. Powerpay, No. CV 08-5099 PSG, 2008 WL 4559752, at *2 (C.D. Cal. Oct. 7 2008), and accordingly DENIES Plaintiff's motion for costs. (bm) (Entered: 03/01/2018)
2018-02-2889MINUTE ORDER (In Chambers): The Court STAYS and CLOSES the case by Judge Philip S. Gutierrez. In accordance with the Ninth Circuits mandate, the Court STAYS the proceedings "to allow the parties to work out any revised request, if possible." If a dispute remains after they have done so, the parties are free to submit an application to re-open the case. IT IS SO ORDERED. (Made JS-6. Case Terminated.) (lom) (Entered: 03/01/2018)
2018-03-2690NOTICE OF MOTION AND MOTION for Costs against All Defendants filed by Plaintiff Stephen Yagman. Motion set for hearing on 5/7/2018 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Proposed Order) (Reichmann, Joseph) (Entered: 03/26/2018)
2018-04-1691MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Costs against All Defendants 90 filed by Defendants John Owen Brennan, Central Intelligence Agency. (Attachments: # 1 Combined Exhibits)(Powell, Amy) (Entered: 04/16/2018)
2018-04-2392REPLY in support of motion NOTICE OF MOTION AND MOTION for Costs against All Defendants 90 , filed by Plaintiff Stephen Yagman. (Reichmann, Joseph) (Entered: 04/23/2018)
2018-04-2793MINUTES (IN CHAMBERS) The Court DENIES Plaintiff's motion by Judge Philip S. Gutierrez denying 90 MOTION for Costs: Because Plaintiff has offered the Court nothing new to consider, the Court DENIES Plaintiff's motion. (see document for further details) (bm) (Entered: 04/27/2018)
2018-04-2794WITHDRAWN PURSUANT TO NOTICE E-FILED ON 4/30/18, DOCUMENT 95 . NOTICE OF MOTION AND MOTION for Costs against Stephen Yagman filed by Plaintiff Stephen Yagman. Motion set for hearing on 6/11/2018 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Proposed Order) (Reichmann, Joseph) Modified on 5/1/2018 (bm). (Entered: 04/27/2018)
2018-04-3095STATEMENT of WITHDRAWAL OF MOTION, DOC. 94 NOTICE OF MOTION AND MOTION for Costs against Stephen Yagman 94 , filed by Plaintiff Stephen Yagman. (Reichmann, Joseph) (Entered: 04/30/2018)
2018-05-0796[STRICKEN-PURSUANT TO ORDER DOC.108] NOTICE OF MOTION AND MOTION for Costs against Stephen Yagman, NOTICE OF MOTION AND MOTION for Attorney Fees filed by Plaintiff Stephen Yagman. Motion set for hearing on 6/25/2018 at 01:30 PM before Judge Philip S. Gutierrez. (Reichmann, Joseph) Modified on 5/11/2018 (ab). Modified on 5/11/2018 (ab). (Entered: 05/07/2018)
2018-05-0797NOTICE OF MOTION AND MOTION to Disqualify Judge Phillip S. Gutierrez , filed by Plaintiff Stephen Yagman. Motion set for hearing on 6/4/2018 at 01:30 PM before Judge Philip S. Gutierrez. (Reichmann, Joseph) (Entered: 05/07/2018)
2018-05-0798[STRICKEN-PURSUANT TO ORDER DOC #108] PROPOSED ORDER re NOTICE OF MOTION AND MOTION for Costs against Stephen Yagman NOTICE OF MOTION AND MOTION for Attorney Fees 96 , filed by Plaintiff Stephen Yagman. (Reichmann, Joseph) Modified on 5/11/2018 (ab). (Entered: 05/07/2018)
2018-05-0799PROPOSED ORDER re NOTICE OF MOTION AND MOTION to Disqualify Judge Phillip S. Gutierrez , 97 , filed by Plaintiff Stephen Yagman. (Reichmann, Joseph) (Entered: 05/07/2018)
2018-05-07100NOTICE OF MOTION AND MOTION for Costs against Stephen Yagman filed by Plaintiff Stephen Yagman. Motion set for hearing on 6/25/2018 at 01:30 PM before Judge Philip S. Gutierrez. (Reichmann, Joseph) (Entered: 05/07/2018)
2018-05-07101REFERRAL OF MOTION to Disqualify Judge Philip S. Gutierrez has been filed. Pursuant to GO 16-05 and Local Rule 72-5 NOTICE OF MOTION AND MOTION to Disqualify Judge Phillip S. Gutierrez , 97 is referred to Judge R. Gary Klausner for determination. (rn) (Entered: 05/07/2018)
2018-05-08102NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION for Costs against Stephen Yagman NOTICE OF MOTION AND MOTION for Attorney Fees 96 . The following error(s) was/were found: Incorrect document is attached to the docket entry. A proposed order is not a stand-alone document and must be attached to the base document, if not parties may e-file a notice of lodging with the proposed order as an attachment. Docket text and document must match, docket indicated as a motion. Other error(s) with document(s): Parties to adhere to the rules and procedure of the Court when e-filing.. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ab) (Entered: 05/08/2018)
2018-05-08103NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Disqualify Judge Phillip S. Gutierrez 97 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Other error(s) with document(s): The motion hearing date was closed on 4/26/18, counsel to check Court's website for all closed dates before e-filing motions.. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ab) (Entered: 05/08/2018)
2018-05-08104(IN CHAMBERS) MOTION TO DISQUALIFY JUDGE PHILIP S. GUTIERREZ by Judge R. Gary Klausner 97 . On May 7, 2017, Stephen Yagman ("Plaintiff") filed the current Motion to Disqualify ("Motion"). The Motion was referred to this Court pursuant to General Order 08-05 and Local Rule 72-5. Under 28 U.S.C. § 455, the court determines whether a reasonable person with knowledge of all the facts would conclude that the judge's impartiality might reasonably be questioned. United States v. Conforte, 624 F.2d 869, 881 (9th Cir. 1980). If so, recusal or disqualification is warranted. Here, Plaintiff states that Judge Gutierrez should be disqualified because he refuses to obey a mandate of the Ninth Circuit in this matter. Upon review and consideration of Plaintiff's arguments, however, the Court finds that Plaintiff has failed to offer sufficient facts or evidence that raise reasonable questions as to Judge Gutierrez's impartiality. As such, Plaintiff has not met his burden on this Motion. Thus, the Court DENIES Plaintiff's Motion to Disqualify. (pso) (Entered: 05/08/2018)
2018-05-08105NOTICE OF MOTION AND MOTION to Reopen Case , for Costs, and Judgment, filed by Plaintiff Stephen Yagman. Motion set for hearing on 6/25/2018 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Proposed Order) (Reichmann, Joseph) (Entered: 05/08/2018)
2018-05-08106NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion Related Document 98 . The following error(s) was/were found: Incorrect document is attached to the docket entry. Document and docket entry must match completely. The proposed order is not a stand-alone document and can not be submitted alone, it must be attached to the base document, if not you must e-file a notice of lodging and have the order as a separate attachment. Other error(s) with document(s): Parties to adhere to the rules and procedure of the Court when e-filing.. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ab) (Entered: 05/08/2018)
2018-05-08107NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion Related Document 99 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. The proposed order is not a stand-alone document. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ab) (Entered: 05/08/2018)
2018-05-11108ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENTS by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Motion Related Document 98 , NOTICE OF MOTION AND MOTION for Costs against Stephen Yagman NOTICE OF MOTION AND MOTION for Attorney Fees 96 , for the following reasons: Incorrect document is attached to the docket entry; document #96 is not a motion. Document #98 is a duplicate of #96. (ab) (Entered: 05/11/2018)
2018-06-01109MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Reopen Case , for Costs, and Judgment, 105 , NOTICE OF MOTION AND MOTION for Costs against Stephen Yagman 100 filed by Defendants John Owen Brennan, Central Intelligence Agency. (Powell, Amy) (Entered: 06/01/2018)
2018-06-10110REPLY In Support of Motion NOTICE OF MOTION AND MOTION to Reopen Case , for Costs, and Judgment, 105 , filed by Plaintiff Stephen Yagman. (Reichmann, Joseph) (Entered: 06/10/2018)
2018-06-12111MINUTES (IN CHAMBERS) The Court DENIES Plaintiff's Motion to Re-Open the Action, for Costs, and for Judgment as a Matter of Law by Judge Philip S. Gutierrez denying 105 MOTION to Reopen Case: Having considered the papers, the Court DENIES Plaintiff's motion. The Court has already denied an identical motion by Plaintiff to re-open the action, to rule on costs, and for judgment as a matter of law. See Dkt. no. 93. The case remains closed, and no further filings will be accepted (other than a notice of appeal). (bm) (Entered: 06/12/2018)
2018-06-13112NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiff Stephen Yagman. Appeal of Minutes of In Chambers Order/Directive - no proceeding held,, Set/Clear Flags,, Terminated Case, 89 , Order on Motion to Reopen Case,, 111 , Order on Motion for Costs, 88 , Order on Motion for Costs, 93 , Order on Motion to Disqualify Judge,,,, 104 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-21917184.) (Reichmann, Joseph) Modified on 7/11/2019 (mat). (Entered: 06/13/2018)
2018-06-14113Motion to dismiss appeal and addendum thereto filed by Plaintiff Stephen Yagman , re: Order on Motion to Reopen Case,, 111 , Notice of Appeal to 9th Circuit Court of Appeals, 112 (Attachments: # 1 Appendix)(Reichmann, Joseph) (Entered: 06/14/2018)
2018-06-14114NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 18-55784 assigned to Notice of Appeal to 9th Circuit Court of Appeals, 112 as to Plaintiff Stephen Yagman. (bm) (Entered: 06/14/2018)
2018-06-15115NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion 113 . The following error(s) was/were found: Motion filed in the incorrect court In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (bm) (Entered: 06/15/2018)
2019-05-01116MEMORANDUM from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, 112 filed by Stephen Yagman. CCA no. 18-55784. AFFIRMED in part, REVERSED in part and REMANDED for further proceedings. (bm) (Entered: 05/02/2019)
2019-05-22117ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, 112 filed by Stephen Yagman. CCA No. 18-55784. Appellants request for publication is DENIED. (bm) (Entered: 05/23/2019)
2019-06-24118MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, 112 , CCA # 18-55784. The judgment of this Court, entered May 01, 2019, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. [See USCA Memorandum 116 AFFIRMED in part, REVERSED in part and REMANDED for further proceedings.] (mat) (Entered: 06/24/2019)
2019-07-02120NOTICE OF DISCREPANCY AND ORDER: by Judge Philip S. Gutierrez, ORDERING Notice of Appearance Or Withdrawal of Counsel submitted by Plaintiff Stephen Yagman received on 7/1/19 is not to be filed but instead rejected. Denial based on: Local Rule 5-4.1: Documents must be filed electronically. (bm) (Entered: 07/10/2019)
2019-07-03119NOTICE of Change of address by Amy Powell attorney for Defendants John Owen Brennan, Central Intelligence Agency. Changing attorneys address to Amy Powell, Civil Division, Department of Justice c/o U.S. Attorneys Office 125 Fayetteville St., Suite 2100 Raleigh, NC 2760. Filed by Defendants John Owen Brennan, Central Intelligence Agency. (Powell, Amy) (Entered: 07/03/2019)
2019-07-10121ORDER SETTING SCHEDULING CONFERENCE by Judge Philip S. Gutierrez: This matter is set for a scheduling conference on 03/16/20 at 2:00 p.m. The Conference will be held pursuant to F.R.Civ. P. 16(b). The parties are reminded of their obligations to disclose information and confer on a discovery plan not later than 21 days prior to the scheduling conference, and to file a joint statement with the Court not later than 14 days after they confer, as required by F.R. Civ.P. 26 and the Local Rules of this Court. In their F.R.Civ. P. 26(f) Report, the parties shall indicate whether they have agreed to participate in the Courts ADR Program, to private mediation or, upon a showing of good cause, to a Magistrate Judge for a settlement conference. Failure to comply may lead to the imposition of sanctions. (Case reopened. MD JS-5.) (bm) (Entered: 07/11/2019)
2019-07-11122ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, 112 filed by Stephen Yagman. CCA # 18-55784. Appellant's motion to recall the mandate issued on June 24, 2019 is GRANTED. Appellant's motion to reconsider the non-taxing of appellate costs is DENIED. Upon the filing of this order to deny the motion to reconsider, the (9thCCA) clerk shall re-issue the mandate. (mat) (Entered: 07/11/2019)
2019-07-11123MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, 112 , CCA # 18-55784. The judgment of this Court, entered May 01, 2019, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. [See USCA Memorandum 116 AFFIRMED in part, REVERSED in part and REMANDED for further proceedings.] (mat) (Entered: 07/11/2019)
2019-07-11124NOTICE of Appearance filed by attorney Marion R Yagman on behalf of Plaintiff Stephen Yagman (Attorney Marion R Yagman added to party Stephen Yagman(pty:pla))(Yagman, Marion) (Entered: 07/11/2019)
2019-07-11125Notice of Appearance or Withdrawal of Counsel: for attorney Marion R Yagman counsel for Plaintiff Stephen Yagman. MARION R. YAGMAN is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Plaintiff. (Yagman, Marion) (Entered: 07/11/2019)
2019-07-11126Notice of Appearance or Withdrawal of Counsel: for attorney Joseph Reichmann counsel for Plaintiff Stephen Yagman. JOSEPH REICHMANN is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Stephen Yagman. (Reichmann, Joseph) (Entered: 07/11/2019)
2019-07-12127NOTICE of Change of address by Amy Powell attorney for Defendants John Owen Brennan, Central Intelligence Agency. Changing attorneys address to 150 Fayetteville St., Suite 2100 Raleigh, NC 27601. Filed by Defendants John Owen Brennan, Central Intelligence Agency. (Powell, Amy) (Entered: 07/12/2019)
2019-07-16128NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance 124 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance or Withdrawal of Counsel G123. Section II of Notice of Appearance or Withdrawal of Counsel erroneously indicates 'the attorney listed above has already appeared as counsel of record in this case'. Plaintiff designated as pro se and not an attorney in this case. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak) (Entered: 07/16/2019)
2019-07-18129NOTICE OF MOTION AND MOTION TO RULE ON COST BILL AND FOR JUDGMENT AS A MATTER OF LAW filed by Plaintiff Stephen Yagman. Motion set for hearing on 9/9/2019 at 01:30 PM before Judge Philip S. Gutierrez. (yl) (Additional attachment(s) added on 7/25/2019: # 1 Proposed Order) (yl). (Entered: 07/25/2019)
2019-08-19130MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Costs against Stephen Yagman NOTICE OF MOTION AND MOTION for Order 129 filed by Defendants John Owen Brennan, Central Intelligence Agency. (Attachments: # 1 Exhibit A - Email from Stephen Yagman to Amy Powell)(Powell, Amy) (Entered: 08/19/2019)
2019-08-29131REPLY ON PLAINITFF' S MOTION TO RULE ON COSTS BILL, AND FOR JUDGMENT AS A MATTER OF LAW 129 filed by Plaintiff Stephen Yagman. (bm) (Entered: 08/30/2019)
2019-08-30132MINUTES (IN CHAMBERS) The Court DENIES Plaintiff's motion by Judge Philip S. Gutierrez denying 129 MOTION: Accordingly, the Court DENIES Plaintiff's motion. (see document for further details) (bm) (Entered: 08/30/2019)
2019-09-10133PLAINITFF'S NOTICE OF MOTION AND MOTION TO RULE ON COSTS BILL, AND FOR JUDGMENT AS A MATTER OF LAW filed by plaintiff Stephen Yagman. Motion set for hearing on 10/28/2019 at 1:30 PM before Judge Philip S. Gutierrez. (bm) (Entered: 09/13/2019)
2019-09-13134TEXT ONLY ENTRY (In Chambers) by Judge Philip S. Gutierrez: Based on the Court's motion, Plaintiff's Motion to Rule on Costs Bill, and for Judgment as a Matter of Law 133 is continued to 11/25/19 at 1:30 p.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY (Entered: 09/13/2019)
2019-11-04135MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Ruling 133 filed by Defendants John Owen Brennan, Central Intelligence Agency. (Attachments: # 1 Declaration of Antoinette B. Shiner, # 2 Declaration of Amy E. Powell)(Powell, Amy) (Entered: 11/04/2019)
2019-11-12136PLAINTIFF'S REPLY ON MOTION TO RULE ON COSTS BILL, AND FOR JUDGMENT AS A MATER OF LAW 133 filed by Plaintiff Stephen Yagman. (bm) (Entered: 11/19/2019)
2019-11-20137MINUTES (IN CHAMBERS) The Court DENIES Plaintiff's motion by Judge Philip S. Gutierrez denying 133 MOTION: For the foregoing reasons, Plaintiff's motion is DENIED in its entirety. This Court has set a schedule for disposition of the remaining issues in this case. See Dkt. No. 121. (bm) (Entered: 11/20/2019)
2019-12-09138DECLARATION OF STEPHEN YAGMAN filed by Plaintiff Stephen Yagman. (bm) (Entered: 12/12/2019)
2020-02-20139EX PARTE APPLICATION to Stay pending Further Order of the Court to Stay Discovery filed by Defendant John Owen Brennan, Central Intelligence Agency. (Attachments: # 1 Declaration of Amy Powell, # 2 Proposed Order) (Powell, Amy) (Entered: 02/20/2020)
2020-02-20140PLAINTIFF'S OPPOSITION TO DEFENDANTS' EX PARTE APPLICATION TO STAY DISCOVERY 139 filed by Plaintiff Stephen Yagman. (bm) (Entered: 02/21/2020)
2020-02-21141PROOF OF SERVICE filed by Defendant Central Intelligence Agency, re EX PARTE APPLICATION to Stay pending Further Order of the Court to Stay Discovery 139 served on 2/20/2020. (Powell, Amy) (Entered: 02/21/2020)
2020-02-21142PLAINTIFF'S SUPPLEMENT TO HIS OPPOSITION TO DEFENDANTS' EX PARTE APPLICATION TO STAY DISCOVERY 140 filed by Plaintiff Stephen Yagman. (bm) (Entered: 02/25/2020)
2020-02-26143MINUTES (In Chambers): The Court DENIES the ex parte application by Judge Philip S. Gutierrez denying 139 EX PARTE APPLICATION to Stay: For the foregoing reasons, the Court DENIES Defendants' ex parte application. (see document for further details) (bm) (Entered: 02/26/2020)
2020-03-05144NOTICE OF MOTION AND MOTION to Stay Discovery, Pending Further Order of the Court filed by Defendant John Owen Brennan, Central Intelligence Agency. Motion set for hearing on 5/4/2020 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Declaration of Amy Powell with Attachments, # 2 Proposed Order) (Powell, Amy) Modified on 4/20/2020 (bm). Modified on 4/27/2020 (bm). (Entered: 03/05/2020)
2020-03-05145PLAINITFF'S NOTICE OF MOTION AND MOTION TO IMPOSE§ 1927 AND INHERENT POWERS SANCTIONS ON CIA DEFENSE COUNSEL, AMY POWELL, PERSONALLY filed by plaintiff Stephen Yagman. Motion set for hearing on 5/11/2020 at 1:30 PM before Judge Philip S. Gutierrez. (bm) (Additional attachment(s) added on 3/19/2020: # 1 Proposed Order) (bm). (Entered: 03/06/2020)
2020-03-09146JOINT REPORT Rule 26(f) Discovery Plan filed by Defendants John Owen Brennan, Central Intelligence Agency.. (Powell, Amy) (Entered: 03/09/2020)
2020-03-11147NOTICE OF ERRATA filed by Defendants John Owen Brennan, Central Intelligence Agency. correcting Joint Report Rule 26(f) Discovery Plan 146 (Attachments: # 1 ADR document inadvertently omitted from filing of 26(f) Report)(Powell, Amy) (Entered: 03/11/2020)
2020-03-12148MINUTE ORDER (In Chambers): VACATING SCHEDULING CONFERENCE by Judge Philip S. Gutierrez: On the Court's own motion, the Scheduling Conference presently set for March 16, 2020 is vacated, and the following dates are set. Defendant:s Motion for Summary Judgment to be filed by: 04/16/2020; Plaintiff's Opposition and Cross-Motion, if any to be filed by: 04/30/2020; Defendant's Reply to be filed by: 05/14/2020; Hearing on Motion(s) (1:30 p.m.): 06/08/2020 (bm) (Entered: 03/12/2020)
2020-03-18149PLAINTIFF'S NOTICE OF MOTION AND MOTION TO IMPOSE SECTION 1927, INHERENT POWERS, AND L.R. 83-7 SANCTIONS ON CIA DEFENSE COUNSEL, AMY POWELL, PERSONALLY; [PROPOSED] ORDER filed by plaintiff Stephen Yagman. Motion set for hearing on 5/18/2020 at 01:30 PM before Judge Philip S. Gutierrez. (bm) (Entered: 03/20/2020)
2020-03-20150TEXT ONLY ENTRY (In Chambers) by Judge Philip S. Gutierrez: Based on the Court's directive, PLAINTIFF'S MOTION TO IMPOSE 1927 INHERENT POWERS AND SANCTIONS 145 and 149 are reset to 05/04/20 at 1:30pm. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY (Entered: 03/20/2020)
2020-03-23151NOTICE OF MOTION AND MOTION to Compel Answers to Interrogatories filed by Plaintiff Stephen Yagman. Motion set for hearing on 4/24/2020 at 09:30 AM before Magistrate Judge Charles F. Eick. (Attachments: # 1 Part 2)(sp) (Entered: 04/01/2020)
2020-04-08153PLAINITIFF'S NOTICE OF MOTION AND MOTION TO IMPOSE RULE 11 SANCTIONS ON CIA DEFENSE COUNSEL, AMY POWELL, PERSONALLY filed by plaintiff Stephen Yagman. Motion set for hearing on 6/8/2020 at 1:30 PM before Judge Philip S. Gutierrez. (bm) (Entered: 04/10/2020)
2020-04-09162SUPPLEMENTAL Memorandum in Support of Plaintiff's Discovery Motion 151 filed by Plaintiff Stephen Yagman. (sp) (Entered: 04/20/2020)
2020-04-10152MINUTE ORDER IN CHAMBERS by Magistrate Judge Charles F. Eick: re: MOTION to Compel Answers to Interrogatories 151 . The previously noticed 4/24/20 hearing date on Plaintiff's "Motion to Compel Answers to Interrogatories, etc.", filed 3/23/20, is vacated. The Court has taken the Motion under submission without oral argument. (sp) (Entered: 04/10/2020)
2020-04-13154NOTICE of Appearance filed by attorney Justin M Sandberg on behalf of Defendants John Owen Brennan, Central Intelligence Agency (Attorney Justin M Sandberg added to party John Owen Brennan(pty:dft), Attorney Justin M Sandberg added to party Central Intelligence Agency(pty:dft))(Sandberg, Justin) (Entered: 04/13/2020)
2020-04-13155MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Sanctions 149 , NOTICE OF MOTION AND MOTION for Sanctions 145 filed by Defendants John Owen Brennan, Central Intelligence Agency. (Attachments: # 1 Declaration of Amy Powell)(Sandberg, Justin) (Entered: 04/13/2020)
2020-04-13156PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION FOR RECONSIDERATION OF THE COURT'S DENIAL OF DEFENDANTS' EX PARTE APPLICATION TO STAY DISCOVERY 144 filed by Plaintiff Stephen Yagman. (bm) (Entered: 04/16/2020)
2020-04-16157DOCUMENT STRICKEN PURSUANT TO COURT ORDER DATED 4/17/20. NOTICE OF MOTION AND MOTION for Summary Judgment as to All Claims filed by Defendants John Owen Brennan, Central Intelligence Agency. Motion set for hearing on 6/8/2020 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Declaration of Amy Powell with Attachment, # 2 Declaration of Vanna Blaine (CIA) with Attachments, # 3 Defendants' Statement of Uncontroverted Facts and Conclusions of Law, # 4 Proposed Order) (Powell, Amy) Modified on 4/27/2020 (bm). (Entered: 04/16/2020)
2020-04-16163PLAINTIFF'S COMBINED REPLY ON PLAINTIFF'S TWO SANCTION MOTIONS filed by Plaintiff Stephen Yagman. (bm) (Entered: 04/21/2020)
2020-04-17158NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION for Summary Judgment as to All Claims 157 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Other error(s) with document(s): Motion is noticed for a date that is closed on the court's calendar. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (bm) (Entered: 04/17/2020)
2020-04-17159MEMORANDUM in Opposition to Ex Parte Application (served 4/16/20, not yet appearing on ECF) filed by Defendants John Owen Brennan, Central Intelligence Agency. (Attachments: # 1 Declaration April 17 2020 Declaration of Amy Powell, # 2 Plaintiff's Ex Parte Application as Served)(Powell, Amy) (Entered: 04/17/2020)
2020-04-17161ORDER by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Motion For Summary Judgment 157 , for the following reasons: Hearing information is missing, incorrect, or not timely. Other: The hearing date selected is closed for NEW motions. See Calendars>Motion Calendar. (bm) (Entered: 04/20/2020)
2020-04-20160REPLY in support of NOTICE OF MOTION AND MOTION to Stay Discovery, Pending Further Order of the Court 144 filed by Defendants John Owen Brennan, Central Intelligence Agency. (Powell, Amy) (Entered: 04/20/2020)
2020-04-20164PLAINTIFF'S SIMULTANEOUSLY-FILED EX PARTE APPLICATION AND PROPOSED MOTION FOR ULTIMATE RELIEF filed by plaintiff Stephen Yagman. (bm) (Entered: 04/21/2020)
2020-04-20165PLAINTIFF'S SIMULTANEOUSLY-FILED PROPOSED MOTION FOR ULTIMATE RELIEF OF STRIKING AND DENYING DEFENDANTS' SUMMARY JUDGMENT MOTION filed by plaintiff Stephen Yagman. (bm) (Entered: 04/21/2020)
2020-04-20166PLAINTIFF'S REPLY IN SUPPORT OF HIS EX PARTE APPLICATION TO SHORTEN TIME WITHIN WHICH TO HEAR HIS MOTION TO STRIKE/DENY DEFENDANTS' SUMMARY JUDGMENT MOTION filed by Plaintiff Stephen Yagman. (bm) (Entered: 04/21/2020)
2020-04-201682nd Supplemental MEMORANDUM in Support of MOTION to Compel Answers to Interrogatories 151 filed by Plaintiff Stephen Yagman. (sp) (Entered: 04/22/2020)
2020-04-21167NOTICE OF MOTION AND MOTION for Summary Judgment as to All Claims filed by Defendants John Owen Brennan, Central Intelligence Agency. Motion set for hearing on 6/8/2020 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Declaration of Amy Powell (dated April 16) with Attachment, # 2 Declaration of Vanna Blaine (CIA) with Attachments, # 3 Defendants' Statement of Uncontroverted Facts and Conclusions of Law, # 4 Proposed Order) (Powell, Amy) (Entered: 04/21/2020)
2020-04-21169WITHDRAWN ON 5/28/20. PLAINTIFF'S NOTICE OF MOTION AND MOTION TO IMPOSE SEC. 1927 INHERENT POWERS, AND L.R. 83-7 SANCTIONS ON CIA DEFENSE COUNSEL, AMY POWELL AND JUSTIN SANDBERG, PERSONALLY filed by plaintiff Stephen Yagman. Motion set for hearing on 6/15/2020 at 1:30 PM before Judge Philip S. Gutierrez. (bm) Modified on 6/1/2020 (bm). (Entered: 04/23/2020)
2020-04-23170MINUTES (In Chambers): The Court DENIES the ex parte application by Judge Philip S. Gutierrez denying 164 , 165 Ex Parte Application: For the foregoing reasons, the Court DENIES the ex parte application, Dkts. no. 164, 165. (see document for further details) (bm) (Entered: 04/23/2020)
2020-04-30171MINUTES (In Chambers): The Court GRANTS the motion to stay and DENIES the motions for sanctions by Judge Philip S. Gutierrez granting 144 MOTION to Stay; denying 145 MOTION for Sanctions; denying 149 MOTION for Sanctions: For the foregoing reasons, the Court GRANTS Defendants' motion to stay and STAYS discovery in this action. The Court DENIES Plaintiff's motions for sanctions. (see document for further details) (bm) (Entered: 05/01/2020)
2020-04-30173PLAINTIFF'S (1) OPPOSITION TO DEFENDANTS' SUMMARY JUDGMENT MOTION 167 , AND (2) PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT filed by Plaintiff Stephen Yagman. (Attachments: # 1 Plaintiff's Statement Of Uncontroverted Facts And Conclusions Of Law) (bm) (Entered: 05/05/2020)
2020-04-30174PLAINTIFF'S SEPARATE EVIDENTIARY OBJECTIONS IN OPPOSITION TO DEFENDANTS' SUMMARY JUDGMENT MOTION 167 filed by Plaintiff Stephen Yagman. (bm) (Entered: 05/05/2020)
2020-04-30175PLAINTIFF'S EXHIBITS IN OPPOSITION TO DEFENDANTS' SUMMARY JUDGMENT MOTION AND IN SUPPORT OF PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT 167 Filed filed by Plaintiff Stephen Yagman. (Attachments: # 1 Part 2, # 2 Part 3)(bm) (Entered: 05/05/2020)
2020-04-30176PLAINTIFF'S COUNTER-VAUGHN INDEX, IN OPPOSITION TO DEFENDANTS' SUMMARY JUDGMENT MOTION 167 filed by Plaintiff Stephen Yagman. (bm) (Entered: 05/05/2020)
2020-04-30177PLAINTIFFS' RULE 56(d) REQUEST IN RESPONSE TO DEFENDANT'S SUMMARY JUDGMENT MOTION filed by plaintiff Stephen Yagman. Request set for hearing on 6/8/2020 at 01:30 PM before Judge Philip S. Gutierrez. (bm) (Entered: 05/05/2020)
2020-04-30178REQUEST to Strike NOTICE OF MOTION AND MOTION for Summary Judgment as to All Claims 167 filed by plaintiff Stephen Yagman. Request set for hearing on 6/8/2020 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Proposed Judgment) (bm) (Entered: 05/05/2020)
2020-05-01172MINUTES (IN CHAMBERS) by Magistrate Judge Charles F. Eick: denying 151 . In light of the Minute Order filed by District Judge on 4/30/20, "Plaintiff's Motion to Compel etc.," filed on 3/23/20, is denied without prejudice. (sp) (Entered: 05/01/2020)
2020-05-12179CLARIFICATION/SUPPLEMENT TO PLAINTIFF'S RULE 56(d) REQUEST IN RESPONSE TO DEFENDANT'S SUMMARY JUDGMENT MOTION 177 filed by Plaintiff Stephen Yagman. (bm) (Entered: 05/12/2020)
2020-05-14180REPLY in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to All Claims 167 Combined with Opposition to Cross-Motion (ECF No. 173) and Motion to Strike (ECF No. 178) filed by Defendants John Owen Brennan, Central Intelligence Agency. (Attachments: # 1 Statement of Genuine Issues)(Powell, Amy) (Entered: 05/14/2020)
2020-05-14181MEMORANDUM in Opposition to REQUEST for Order 177 filed by Defendants John Owen Brennan, Central Intelligence Agency. (Powell, Amy) (Entered: 05/14/2020)
2020-05-14182PLAINTIFF'S STATEMENT OF ISSUES OF GENUINELY-DISPUTED MATERIAL FACTS (L.R. 56-2) filed by Plaintiff Stephen Yagman (bm) (Entered: 05/14/2020)
2020-05-14183WITHDRAWN ON 5/28/20. PLAINTIFF'S NOTICE OF MOTION AND MOTION TO IMPOSE RULE 11 SANCTIONS ON CIA DEFENSE COUNSEL, AMY POWELL AND JUSTIN SANDBERG, PERSONALLY filed by plaintiff Stephen Yagman. Motion set for hearing on 7/6/2020 at 1:30 PM before Judge Philip S. Gutierrez. (bm) Modified on 6/1/2020 (bm). (Entered: 05/14/2020)
2020-05-15184MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Sanctions 153 filed by Defendants John Owen Brennan, Central Intelligence Agency. (Sandberg, Justin) (Entered: 05/15/2020)
2020-05-21186PLAINTIFF'S REPLY ON PLAINTIFF'S RULE 11 SANCTIONS MOTION, DOC. 153 filed by Plaintiff Stephen Yagman. (bm) (Entered: 05/26/2020)
2020-05-21187PLAINTIFF'S COMBINED REPLY ON PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT AND TO OPPOSITION TO RULE 56(d) REQUEST 167 , 177 , filed by Plaintiff Stephen Yagman. (bm) (Entered: 05/26/2020)
2020-05-22185MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Sanctions 169 filed by Defendants John Owen Brennan, Central Intelligence Agency. (Sandberg, Justin) (Entered: 05/22/2020)
2020-05-28188NOTICE OF WITHDRAWAL OF TWO MOTIONS filed by plaintiff Stephen Yagman. (bm) (Entered: 06/01/2020)
2020-06-04189TEXT ONLY ENTRY (In Chambers) by Judge Philip S. Gutierrez: PLAINTIFF'S MOTION TO IMPOSE RULE 11 SANCTIONS 153 , DEFENDANTS' MOTION FOR SUMMARY JUDGMENT 167 , PLAINTIFFS' RULE 56(d) REQUEST/RESPONSE/MEMO 177 , and PLAINTIFF'S SEPARATE OBJECTION/OBJECTION/ REQUEST TO STRIKE 178 set for hearing on 06/08/2020 are taken under submission and off calendar. Accordingly, no appearance by counsel is necessary. The Court will issue a ruling after full consideration of the submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY (Entered: 06/04/2020)
2020-06-09190MINUTES (In Chambers): The Court GRANTS Defendants' motion for summary judgment and DENIES Plaintiff's cross-motion, Rule 56(d) request, request to strike, and motion for sanctions by Judge Philip S. Gutierrez denying 153 MOTION for Sanctions; granting 167 for Summary Judgment in favor of Central Intelligence Agency against Stephen Yagman ; denying 177 MOTION; denying 178 MOTION: For the foregoing reasons, the Court DISMISSES Defendant Haspel from this action. The Court GRANTS Defendants' motion for summary judgment. The Court DENIES Plaintiff's Rule 56(d) request. The Court DENIES Plaintiff's cross-motion for summary judgment. The Court DENIES Plaintiff's request to strike. The Court DENIES Plaintiff's motion to impose sanctions. This order closes the case. MD JS-6. Case Terminated. (bm) (Entered: 06/09/2020)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar