Case Detail

FOIA Project Annotation: Judge James Boasberg has ruled that David Elkins failed to exhaust his administrative remedies before filing suit against the FAA pertaining to a request for information about a plane he believed was conducting surveillance of him, but that in its response to another multi-part request from Elkins, the agency so far has failed to justify either its search or one of two claims made under Exemption 7(E) (investigative methods or techniques). While the agency provided some information responsive to Elkins' request for the identity of the aircraft he observed, the FAA argued that Elkins had filed suit before the agency's time to respond had expired. Because Elkins' request fell within the parameters of several FOIA provisions allowing an agency to extend its time for responding, Boasberg agreed. He explained that "the FAA here received [Elkins' request] on September 16, 2014, but Plaintiff faxed it to the wrong office. As this triggered the first 10-working-days extension, the 20-day response period did not begin to run until September 30, 2014. The FAA replied to Plaintiff on October 8, 2014�"six working days into the 20-day period�"by asking for clarification of an acronym used in his request, thereby tolling the time to respond. In this same reply, it notified Elkins that his request constituted unusual circumstances, thus providing an additional 10 days for the FAA's answer. After receiving no response, the FAA sent a follow-up letter on November 6, 2014, including a note explaining that it was the second such communication. Plaintiff replied by voicemail with the requested clarification on November 12, 2014. Because the FAA was 'awaiting such information' from Plaintiff, the period to respond only then resumed. The agency, consequently, had an additional 24-working-days (the original 14 remaining plus 10 for unusual circumstances) from that point to respond�"i.e., until December 17, 2014. Plaintiff filed his Complaint on October 23, 2014�"well before that deadline." Elkins argued he had not received the October 8 letter and that the first agency communication he received was on November 10, 2014, after he filed suit. Boasberg, however, pointed out that "while Plaintiff may not have received the letter, the FAA has provided a declaration attesting that it was indeed mailed to Elkins on October 8, 2014. "'Government records and official conduct [are generally accorded] a presumption of legitimacy' and it will take more than Plaintiff's non-receipt to rebut the presumption." As to Elkins' other request, Boasberg indicated that "nowhere in the FAA's declaration does [the agency] aver that all files likely to contain responsive records were searched or that no other offices would likely contain responsive records." He rejected Elkins' claim that the agency should use a confidential algorithm to discern the aircraft's identification number. Instead, he pointed out that "'FOIA imposes no duty on the agency to create records.' Since the agency's search did not uncover records related to the 'N number' or 'Mode S' code, its obligation ended there." Finally, Boasberg found the agency had not justified its claim that a radar plot was protected under Exemption 7(E), but that he had already found in a previous case brought by Elkins that another document containing beacon codes and call signs was properly withheld.
Issues: Litigation - Jurisdiction - Failure to Exhaust, Exemption 7(E)

FOIA Project Annotation: After agreeing to reconsider his earlier decision, Judge James Boasberg has ruled that a radar plot Boasberg had earlier ordered the FAA to release to David Elkins after finding it was not protected by Exemption 7(E) (investigative methods and techniques) is covered by the exemption. Supplying an in camera affidavit to justify its claim, the government argued that the radar plot revealed details about a law enforcement flight that was part of a pending law enforcement investigation. Boasberg faulted the FAA for its misleading interpretation of the holding in Juarez v. Dept of Justice, 518 F.3d 54 (D.C. Cir. 2008), to mean that any record related to a prospective law enforcement proceeding could be withheld. The agency also suggested that the recent PEER decision holding that records qualified as law enforcement records if they pertained to security concerns provided a basis for withholding the radar plot. But Boasberg indicated that he was more comfortable relying on a Supreme Court decision the agency did not citeâ€"FBI v. Abramson, 456 U.S. 615 (1982)â€"for the proposition that records created for law enforcement purposes did not lose their status as law enforcement records even if they were used by another agency for non-law enforcement purposes. Applying Abramson, Boasberg noted that "since the law-enforcement agency operating the aircraft was compiling data on its own flight track, that data did not lose its protection when forwarded to the FAA. That the forwarding may have been occurring simultaneouslyâ€"i.e., as the flight was trackedâ€"should not change the result." Finding that the FAA had now substantiated its original 7(E) claim, Boasberg pointed out that "the declarations demonstrate that the specific details of the government agency's techniques are not well known and that, if they were, criminal targets could act in such a manner as to impinge on the effectiveness of the surveillance."
Issues: Exemption 7(E) - Investigative methods or techniques, Exemption 7(E) - Unknown to public

Date Filed	Doc #	Docket Text
2014-10-23	1	COMPLAINT against FEDERAL AVIATION ADMINISTRATION ( Filing fee $ 400, receipt number 4616066637) filed by DAVID J. ELKINS. (Attachments: # 1 Civil Cover Sheet)(td, ) (Entered: 10/27/2014)
2014-10-23		SUMMONS (3) Issued as to FEDERAL AVIATION ADMINISTRATION, U.S. Attorney and U.S. Attorney General (td, ) (Entered: 10/27/2014)
2014-10-23	2	NOTICE OF RELATED CASE by DAVID J. ELKINS. Case related to Case No. 14-476 JEB. (td, ) (Entered: 10/27/2014)
2014-11-07	3	NOTICE of Appearance by Damon William Taaffe on behalf of FEDERAL AVIATION ADMINISTRATION (Taaffe, Damon) (Entered: 11/07/2014)
2014-11-21	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/4/2014. ( Answer due for ALL FEDERAL DEFENDANTS by 12/4/2014.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/3/14. (td, ) (Entered: 11/24/2014)
2014-11-25	5	(AMENDED) RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL AVIATION ADMINISTRATION served on 11/3/2014 (td, ) (Entered: 11/26/2014)
2014-12-03	6	MOTION for Extension of Time to File Answer by FEDERAL AVIATION ADMINISTRATION (Taaffe, Damon) (Entered: 12/03/2014)
2014-12-04		MINUTE ORDER: The Court ORDERS that if Plaintiff opposes Defendant's 6 Motion for Extension, he shall file such opposition by December 8, 2014. Signed by Judge James E. Boasberg on 12/04/14. (lcjeb3) (Entered: 12/04/2014)
2014-12-05		Set/Reset Deadline: If Plaintiff opposes Defendant's 6 Motion for Extension, he shall file such opposition by 12/08/2014. (ad) (Entered: 12/05/2014)
2014-12-08		The Court ORDERS that Defendant's 6 Motion for Extension is GRANTED, and its response to the Complaint is now due on January 3, 2015. Plaintiff is reminded to docket his pleadings in the correct case, as it appears his opposition to this motion was docketed in the related case. Signed by Judge James E. Boasberg on 12/08/14. (lcjeb3) (Entered: 12/08/2014)
2014-12-08		Set/Reset Deadline: Defendant's response to the Complaint is due by 1/03/2015. (ad) (Entered: 12/08/2014)
2014-12-08	7	Memorandum in opposition to re 6 MOTION for Extension of Time to File Answer filed by DAVID J. ELKINS. (td, ) (Entered: 12/08/2014)
2014-12-10	8	MOTION for CM/ECF Password by DAVID J. ELKINS (td, ) (Entered: 12/11/2014)
2014-12-12		MINUTE ORDER: The Court ORDERS that Plaintiff's 8 Motion is GRANTED. The Clerk shall grant Plaintiff a CM/ECF password upon his satisfying any required training. Signed by Judge James E. Boasberg on 12/12/14. (lcjeb3) (Entered: 12/12/2014)
2015-01-02	9	MOTION to Dismiss in part by FEDERAL AVIATION ADMINISTRATION (Taaffe, Damon) (Entered: 01/02/2015)
2015-01-05	10	ORDER directing Plaintiff to respond to Defendant Federal Aviation Administration's 9 Motion to Dismiss In Part no later than January 22, 2015. Signed by Judge James E. Boasberg on 01/05/15. (lcjeb3) (Entered: 01/05/2015)
2015-01-05		Set/Reset Deadline: Plaintiff to respond to Defendant Federal Aviation Administration's 9 Motion to Dismiss In Part no later than 1/22/2015. (kt) (Entered: 01/05/2015)
2015-01-07	11	RESPONSE re 9 MOTION to Dismiss in part filed by DAVID J. ELKINS. (Attachments: # 1 Supplement, # 2 Text of Proposed Order)(ELKINS, DAVID) (Entered: 01/07/2015)
2015-01-08	12	REPLY to opposition to motion re 9 MOTION to Dismiss in part filed by FEDERAL AVIATION ADMINISTRATION. (Taaffe, Damon) (Entered: 01/08/2015)
2015-01-09	13	STRICKEN pursuant to the Minute Order filed on 1/09/2015.....RESPONSE re 9 MOTION to Dismiss in part Supplement to Plaintiff's Objection to Dismissal filed by DAVID J. ELKINS. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(ELKINS, DAVID) Modified on 1/9/2015 (ad). (Entered: 01/09/2015)
2015-01-09		MINUTE ORDER: The Court ORDERS that Plaintiff's 13 "Supplement to Plaintiff's Opposition" is STRICKEN. Sur-replies are not permitted absent prior leave of court. Signed by Judge James E. Boasberg on 01/09/15. (lcjeb3) (Entered: 01/09/2015)
2015-01-09	14	ORDER granting Defendant's 9 Motion to Dismiss in Part. The Court ORDERS that: 1) Plaintiff's claim relating to FOIA 2010-8393ES (aka -889ES) is DISMISSED WITH PREJUDICE; and 2) Defendant shall file an Answer to the remainder of the Complaint by January 23, 2015. Signed by Judge James E. Boasberg on 01/09/15. (lcjeb3) (Entered: 01/09/2015)
2015-01-09		Set/Reset Deadline: The Defendant shall file an Answer to the remainder of the Complaint by 1/23/2015. (ad) (Entered: 01/09/2015)
2015-01-23	15	ANSWER to 1 Complaint by FEDERAL AVIATION ADMINISTRATION.(Taaffe, Damon) (Entered: 01/23/2015)
2015-01-23		MINUTE ORDER: The Court ORDERS that the parties shall meet, confer, and submit a proposed briefing schedule by February 6, 2015. Signed by Judge James E. Boasberg on 01/23/15. (lcjeb3) (Entered: 01/23/2015)
2015-01-23		Set/Reset Deadline: The parties shall meet, confer, and submit a proposed briefing schedule by 2/6/2015. (ad) (Entered: 01/23/2015)
2015-01-28	16	Proposed MOTION for More Definite Statement by DAVID J. ELKINS (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Declaration, # 7 Text of Proposed Order)(ELKINS, DAVID) (Entered: 01/28/2015)
2015-01-29		MINUTE ORDER: The Court ORDERS that Plaintiff's 16 Motion is DENIED WITHOUT PREJUDICE for failure to comply with LCvR 7(m). Signed by Judge James E. Boasberg on 01/29/15. (lcjeb3) (Entered: 01/29/2015)
2015-01-30	17	MEET AND CONFER STATEMENT. (Taaffe, Damon) (Entered: 01/30/2015)
2015-01-30		MINUTE ORDER: The Court ORDERS that the parties' proposed briefing schedule is adopted. The Court, accordingly, ORDERS that: (1) Defendant's Motion for Summary Judgment shall be filed on or before February 23, 2015; (2) Plaintiff's Opposition shall be filed on or before March 6, 2015; and (3) Defendant's Reply shall be due on or before March 13, 2015. Signed by Judge James E. Boasberg on 01/30/15. (lcjeb3) (Entered: 01/30/2015)
2015-01-30		Set/Reset Deadlines: Defendant's Motion for Summary Judgment shall be filed on or before 2/23/2015; Plaintiff's Opposition shall be filed on or before 3/06/2015; and Defendant's Reply shall be due on or before 3/13/2015. (ad) (Entered: 01/30/2015)
2015-02-03	18	Proposed MOTION for More Definite Statement by DAVID J. ELKINS (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6 Exhibit Exhibit 5, # 7 Exhibit Exhibit 6, # 8 Exhibit Exhibit 7, # 9 Exhibit Exhibit 8, Part A, # 10 Exhibit Exhibit 8, Part B, # 11 Exhibit Exhibit 9, Part A, # 12 Exhibit Exhibit 9, Part B, # 13 Exhibit Exhibit 9, Part C, # 14 Exhibit Exhibit 9, Part D, # 15 Exhibit Exhibit 9, Part E)(ELKINS, DAVID) (Entered: 02/03/2015)
2015-02-03		MINUTE ORDER: The Court ORDERS that Plaintiff's 18 Motion for More Definite Statement is DENIED. Such a motion is permitted under Fed. R. Civ. P. 12(e) where the movant seeks "a more definite statement of a pleading to which a responsive pleading is allowed...." In other words, a party could move for a more definite statement of a complaint or cross-claim, for example, but not of an answer because no responsive pleading to an answer is permitted. Signed by Judge James E. Boasberg on 02/03/15. (lcjeb3) (Entered: 02/03/2015)
2015-02-23	19	MOTION for Summary Judgment , Statement of Facts, and Proposed Order by FEDERAL AVIATION ADMINISTRATION (Attachments: # 1 Memorandum in Support, # 2 Declaration Cowan, # 3 Declaration Graham, # 4 Declaration Kreischer, # 5 Declaration Might 1941, # 6 Declaration Might 9669, # 7 Declaration Watson)(Taaffe, Damon) (Entered: 02/23/2015)
2015-02-24	20	ORDER directing Plaintiff to respond to Defendant's 19 Motion for Summary Judgment no later than March 18, 2015. Signed by Judge James E. Boasberg on 02/24/15. (lcjeb3) (Entered: 02/24/2015)
2015-02-24		Set/Reset Deadline: The Plaintiff shall respond to Defendant's 19 Motion for Summary Judgment no later than 3/18/2015. (ad) (Entered: 02/24/2015)
2015-03-17	21	RESPONSE re 19 MOTION for Summary Judgment , Statement of Facts, and Proposed Order filed by DAVID J. ELKINS. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order, # 4 Supplement List of Case Law, # 5 Supplement List of Exhibits)(ELKINS, DAVID) (Entered: 03/17/2015)
2015-03-17	22	Notice Opposing any application of order granted in 1:14cv476 to this case 1:14cv1791 re 19 MOTION for Summary Judgment , Statement of Facts, and Proposed Order filed by DAVID J. ELKINS. (Attachments: # 1 Memorandum in Support)(ELKINS, DAVID) Modified text on 3/18/2015 (td, ). (Entered: 03/17/2015)
2015-03-17	23	Proposed MOTION for Discovery by DAVID J. ELKINS (Attachments: # 1 Supplement)(ELKINS, DAVID) (Entered: 03/17/2015)
2015-03-17	24	Proposed MOTION for Leave to File by DAVID J. ELKINS (Attachments: # 1 Exhibit)(ELKINS, DAVID) (Entered: 03/17/2015)
2015-03-17	25	LARGE ADDITIONAL ATTACHMENT(S) by DAVID J. ELKINS 21 Response to motion, filed by DAVID J. ELKINS. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2A, # 3 Exhibit 2B, # 4 Exhibit 2C, # 5 Exhibit 3A, # 6 Exhibit 3B, # 7 Exhibit 3C, # 8 Exhibit 3D, # 9 Exhibit 3E, # 10 Exhibit 3F, # 11 Exhibit 3G, # 12 Exhibit 3H, # 13 Exhibit 4A, # 14 Exhibit 4B, # 15 Exhibit 4C, # 16 Exhibit 5, # 17 Exhibit 6A, # 18 Exhibit 6B, # 19 Exhibit 6C, # 20 Exhibit 7, # 21 Exhibit 8, # 22 Exhibit 9A, # 23 Exhibit 9B, # 24 Exhibit 9C, # 25 Exhibit 10A, # 26 Exhibit 10B, # 27 Exhibit 10C, # 28 Exhibit 11)(ELKINS, DAVID) (Entered: 03/17/2015)
2015-03-17	26	LARGE ADDITIONAL ATTACHMENT(S) by DAVID J. ELKINS 21 Response to motion, filed by DAVID J. ELKINS. (Attachments: # 1 Exhibit 12, # 2 Exhibit 13, # 3 Exhibit 14, # 4 Exhibit 15, # 5 Exhibit 16, # 6 Exhibit 17, # 7 Exhibit 18A, # 8 Exhibit 18B, # 9 Exhibit 19A, # 10 Exhibit 19B, # 11 Exhibit 20, # 12 Exhibit 21, # 13 Exhibit 22, # 14 Exhibit 23, # 15 Exhibit 24, # 16 Exhibit 25A, # 17 Exhibit 25B, # 18 Exhibit 26A, # 19 Exhibit 26B, # 20 Exhibit 26C, # 21 Exhibit 27)(ELKINS, DAVID) (Entered: 03/17/2015)
2015-03-17	27	LARGE ADDITIONAL ATTACHMENT(S) by DAVID J. ELKINS 21 Response to motion, filed by DAVID J. ELKINS. (Attachments: # 1 Exhibit 28A, # 2 Exhibit 28B, # 3 Exhibit 28C, # 4 Exhibit 28D, # 5 Exhibit 28E, # 6 Exhibit 28F, # 7 Exhibit 28G, # 8 Exhibit 28H, # 9 Exhibit 28I, # 10 Exhibit 28J, # 11 Exhibit 28K, # 12 Exhibit 28L, # 13 Exhibit 28M, # 14 Exhibit 28N, # 15 Exhibit 28O, # 16 Exhibit 28P, # 17 Exhibit 29A, # 18 Exhibit 29B)(ELKINS, DAVID) (Entered: 03/17/2015)
2015-03-19	28	Consent MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Summary Judgment , Statement of Facts, and Proposed Order by FEDERAL AVIATION ADMINISTRATION (Taaffe, Damon) (Entered: 03/19/2015)
2015-03-19		MINUTE ORDER GRANTING Defendant's 28 Motion for Extension of Time to File Response/Reply. The Court ORDERS that Defendant shall file its Reply in support of its Motion for Summary Judgment on or before April 10, 2015. Signed by Judge James E. Boasberg on 03/19/15. (lcjeb3) (Entered: 03/19/2015)
2015-03-20		Set/Reset Deadline: The Defendant shall file its Reply in support of its Motion for Summary Judgment on or before 4/10/2015. (ad) (Entered: 03/20/2015)
2015-03-30		MINUTE ORDER: The Court ORDERS that: (1) Plaintiff's 23 Motion for Discovery is DENIED WITHOUT PREJUDICE for failure to comply with LCvR 7(m); and (2) Plaintiff's 24 Motion for Leave to File is GRANTED. Signed by Judge James E. Boasberg on 03/30/15. (lcjeb3) (Entered: 03/30/2015)
2015-03-31	29	Amended MOTION for Discovery by DAVID J. ELKINS (Attachments: # 1 Supplement Issues for Discovery, # 2 Text of Proposed Order)(ELKINS, DAVID) (Entered: 03/31/2015)
2015-04-07	30	Memorandum in opposition to re 29 Amended MOTION for Discovery filed by FEDERAL AVIATION ADMINISTRATION. (Taaffe, Damon) (Entered: 04/07/2015)
2015-04-08	32	NOTICE of filing CD's by DAVID J. ELKINS re Order on Motion for Discovery; (CD'S ARE FILED IN THE FILEROOM OF THE CLERK'S OFFICE) (td, ) (Entered: 04/10/2015)
2015-04-09	31	REPLY to opposition to motion re 19 MOTION for Summary Judgment , Statement of Facts, and Proposed Order filed by FEDERAL AVIATION ADMINISTRATION. (Taaffe, Damon) (Entered: 04/09/2015)
2015-04-13	33	NOTICE by DAVID J. ELKINS re 32 Notice (Other) (Attachments: # 1 Exhibit)(ELKINS, DAVID) (Entered: 04/13/2015)
2015-04-28		MINUTE ORDER: The Court ORDERS that by May 4, 2015, the FAA shall deliver for in camera review the two pages that were withheld under Exemption 7(E) and are mentioned in Defendant's Motion at page 8. Signed by Judge James E. Boasberg on 04/28/15. (lcjeb3) (Entered: 04/28/2015)
2015-04-28		Set/Reset Deadline: By 5/04/2015, the FAA shall deliver for in camera review the two pages that were withheld under Exemption 7(E) and are mentioned in Defendant's Motion at page 8. (ad) (Entered: 04/28/2015)
2015-04-30	34	NOTICE of filing in camera by FEDERAL AVIATION ADMINISTRATION (Taaffe, Damon) (Entered: 04/30/2015)
2015-05-08	35	NOTICE Notice for Clarification by DAVID J. ELKINS re 21 Response to motion, (ELKINS, DAVID) (Entered: 05/08/2015)
2015-05-12	36	ORDER: The Court ORDERS that: 1) Defendant's 19 Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART; 2) Plaintiff's 29 Amended Motion for Discovery is DENIED; and 3) The parties shall appear for a status conference on May 26, 2015, at 11:30 a.m. Signed by Judge James E. Boasberg on 05/12/15. (lcjeb3) (Entered: 05/12/2015)
2015-05-12	37	MEMORANDUM OPINION re 36 Order on Defendant's Motion for Summary Judgment and Plaintiff's Amended Motion for Discovery. Signed by Judge James E. Boasberg on 05/12/15. (lcjeb3) (Entered: 05/12/2015)
2015-05-13		Set/Reset Hearings: Status Conference scheduled for 5/26/2015 at 11:30 AM in Courtroom 19 before Judge James E. Boasberg. (tg ) (Entered: 05/13/2015)
2015-05-15	38	NOTICE regarding May 26, 2015 status conference and intent to move for reconsideration by FEDERAL AVIATION ADMINISTRATION (Taaffe, Damon) (Entered: 05/15/2015)
2015-05-18		MINUTE ORDER: In response to Defendant's 38 Notice, the Court ORDERS that Carol Might may appear at the May 26, 2015, status conference by telephone. Signed by Judge James E. Boasberg on 05/18/15. (lcjeb3) (Entered: 05/18/2015)
2015-05-19	39	NOTICE OF RELATED CASE by DAVID J. ELKINS. Case related to Case No. 00476. (ELKINS, DAVID) (Entered: 05/19/2015)
2015-05-19	40	MOTION for Hearing re 36 Order on Motion for Summary Judgment, by DAVID J. ELKINS (Attachments: # 1 Exhibit, # 2 Declaration, # 3 Text of Proposed Order)(ELKINS, DAVID) (Entered: 05/19/2015)
2015-05-19		MINUTE ORDER granting Plaintiff's 40 Motion to Submit a CD. Signed by Judge James E. Boasberg on 05/19/2015. (lcjeb3) (Entered: 05/19/2015)
2015-05-21	41	DECLARATION CONCERNING CD OF INFLIGHT COMMUNICATION IN FOIA #2014-009669 by DAVID J. ELKINS (rdj) (Entered: 05/22/2015)
2015-05-22	42	MOTION for Extension of Time to file motion for reconsideration by FEDERAL AVIATION ADMINISTRATION (Taaffe, Damon) (Entered: 05/22/2015)
2015-05-26	43	RESPONSE re 42 MOTION for Extension of Time to file motion for reconsideration Opposition to Reconsideration filed by DAVID J. ELKINS. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(ELKINS, DAVID) (Entered: 05/26/2015)
2015-05-26		Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 5/26/2015. (Order forthcoming). (Court Reporter Lisa Moreira). (tg) (Entered: 05/26/2015)
2015-05-26		MINUTE ORDER: As discussed in today's status hearing, the Court ORDERS that Defendant's 42 Motion for Extension is GRANTED, and the FAA may file its Motion for Reconsideration by June 22, 2015. In addition, given that Plaintiff questioned Carol Might at the hearing about the document search, the Court ORDERS, with the agreement of the parties, that the FAA has now sufficiently explained its search and the Court finds it adequate. Signed by Judge James E. Boasberg on 05/26/2015. (lcjeb3) (Entered: 05/26/2015)
2015-05-26		Set/Reset Deadlines: Defendant's Motion for Reconsideration due by 6/22/2015. (tg) (Entered: 05/26/2015)
2015-06-19	44	TRANSCRIPT OF STATUS CONFERENCE before Judge James E. Boasberg held on May 26, 2015; Page Numbers: 1-16. Date of Issuance:June 19, 2015. Court Reporter/Transcriber Lisa A. Moreira, RDR, CRR, Telephone number 202-354-3187, Court Reporter Email Address : Lisa_Moreira@dcd.uscourts.gov. For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 7/10/2015. Redacted Transcript Deadline set for 7/20/2015. Release of Transcript Restriction set for 9/17/2015.(Moreira, Lisa) (Entered: 06/19/2015)
2015-06-20	45	MOTION for Extension of Time to File motion for reconsideration by FEDERAL AVIATION ADMINISTRATION (Taaffe, Damon) (Entered: 06/20/2015)
2015-06-22	46	RESPONSE re 45 MOTION for Extension of Time to File motion for reconsideration Plaintiff's Opposition to Extension of Time filed by DAVID J. ELKINS. (ELKINS, DAVID) (Entered: 06/22/2015)
2015-06-22		MINUTE ORDER granting Defendant's 45 Motion for Extension of Time. The Court ORDERS that Defendant shall file its Motion for Reconsideration on or before July 6, 2015. Signed by Judge James E. Boasberg on 06/22/2015. (lcjeb3) (Entered: 06/22/2015)
2015-06-22		Set/Reset Deadline: Defendant shall file its Motion for Reconsideration on or before 7/6/2015. (ad) (Entered: 06/22/2015)
2015-07-06	47	MOTION for Extension of Time to File Motion for Reconsideration by FEDERAL AVIATION ADMINISTRATION (Taaffe, Damon) (Entered: 07/06/2015)
2015-07-06	48	RESPONSE re 47 MOTION for Extension of Time to File Motion for Reconsideration filed by DAVID J. ELKINS. (ELKINS, DAVID) (Entered: 07/06/2015)
2015-07-07		MINUTE ORDER granting Defendant's 47 Motion for Extension of Time. The Court ORDERS that Defendant shall file its Motion for Reconsideration on or before August 5, 2015. Signed by Judge James E. Boasberg on 07/07/2015. (lcjeb3) (Entered: 07/07/2015)
2015-07-07		Set/Reset Deadline: The Defendant shall file its Motion for Reconsideration on or before 8/5/2015. (ad) (Entered: 07/07/2015)
2015-07-30	49	Consent MOTION for Extension of Time to File Motion for Reconsideration by FEDERAL AVIATION ADMINISTRATION (Taaffe, Damon) (Entered: 07/30/2015)
2015-07-31		MINUTE ORDER granting Defendant's 49 Motion for Extension of Time to File. The Court ORDERS that Defendant shall file its Motion for Reconsideration on or before August 12, 2015. Signed by Judge James E. Boasberg on 7/31/15. (lcjeb1) (Entered: 07/31/2015)
2015-07-31		Set/Reset Deadline: Defendant shall file its Motion for Reconsideration on or before 8/12/2015. (ad) (Entered: 07/31/2015)
2015-08-12	50	NOTICE of In Camera Filing by FEDERAL AVIATION ADMINISTRATION (Taaffe, Damon) (Entered: 08/12/2015)
2015-08-13	51	NOTICE Opposition to In-Camera Review by DAVID J. ELKINS re 50 Notice (Other) (Attachments: # 1 Text of Proposed Order)(ELKINS, DAVID) (Entered: 08/13/2015)
2015-08-14	52	NOTICE Supplement by DAVID J. ELKINS re 51 Notice (Other) (Attachments: # 1 Supplement)(ELKINS, DAVID) (Entered: 08/14/2015)
2015-08-26	53	MOTION for Reconsideration re 52 Notice (Other), 51 Notice (Other) by DAVID J. ELKINS (ELKINS, DAVID) (Entered: 08/26/2015)
2015-08-27		MINUTE ORDER: Given that Plaintiff has already opposed Defendant's Motion for Reconsideration, which remains pending, the Court ORDERS that his latest 53 Motion is DENIED as redundant. Signed by Judge James E. Boasberg on 8/27/15. (lcjeb3) (Entered: 08/27/2015)
2015-09-21	54	ORDER: For the reasons set forth in the accompanying Memorandum Opinion, the Court ORDERS that: 1) The FAAs Motion for Reconsideration is GRANTED; and 2) Judgment is ENTERED in favor of Defendant. Signed by Judge James E. Boasberg on 9/21/15. (lcjeb3) (Entered: 09/21/2015)
2015-09-21	55	MEMORANDUM OPINION. Signed by Judge James E. Boasberg on 9/21/15. (lcjeb3) (Entered: 09/21/2015)
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