Case Detail

FOIA Project Annotation: In a prisoner case, Judge Amy Berman Jackson has ruled that frequent requester and litigator Willie Boyd has not shown that new evidence exists that would require either EOUSA or the Bureau of Alcohol, Tobacco and Firearms to disclose records on confidential informant Bryant Troupe or former St. Louis policeman Bobby Garrett, particularly in the face of a previous D.C. Circuit decision upholding the agencies' decision to withhold third-party information. Boyd was convicted on gun and drug charges in 1998. He became a frequent FOIA requester and litigator and an earlier suit for records pertaining to his conviction had gone to the D.C. Circuit, Boyd v. Criminal Division of U.S. Dept of Justice, 475 F.3d 381 (D.C. Cir. 2007), which upheld the government's withholding of third-party information. Boyd now claimed that records that had been disclosed along with an affidavit from his former criminal defense attorney showed the government had failed to provide exculpatory evidence and had relied on Garrett's testimony even though it knew he was corrupt. The present litigation involved two requests to EOUSA and one to ATF. EOUSA referred some of its records to ATF. ATF refused to process either request because it claimed Boyd had already received all non-exempt records. Boyd argued that his new evidence, particularly an affidavit from his criminal defense attorney Carl Epstein, showed misconduct on the part of the government. Rejecting Boyd's claim, Jackson noted that "Epstein's affidavit does nothing more than restate the same contentions that the D.C. Circuit already concluded did not constitute evidence of government misconduct. . .[T]he [D.C. Circuit] held that there was no basis to infer that the government had withheld purportedly exculpatory information from Epstein, given that it had undisputedly released exculpatory grand jury testimony to Boyd that implicated Troupe. . .The fact Epstein's contentions are now contained within a sworn affidavit instead of an unsworn letter does not constitute a change that is material, and so the D.C. Circuit's conclusion on this issue remains binding on the Court." Boyd pointed to two pages from a version of his police report he had previously obtained from ATF which had been omitted from the copy of his police report he received at the time of trial as evidence of government misconduct. Finding that the omission was not material, Jackson explained that "under these circumstances, the Court cannot see how a reasonable person could infer that the omission of these two pages, if it occurred, rises to the level of potential evidence of government misconduct."
Issues: Exemption 7(C) - Invasion of privacy concerning law enforcement records

FOIA Project Annotation: Judge Amy Berman Jackson has resolved a handful of issues remaining in prisoner Willie Boyd's FOIA suit pertaining to records of his conviction in Missouri in 1998. Jackson indicated that she had previously rejected EOUSA's explanation for why one document was protected by Exemption 5 (attorney work-product privilege) as being insufficient. She had then conducted an in camera review of the remaining documents. EOUSA narrowed its Exemption 5 claims and relied primarily on Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). Based on the privacy exemption claims, Jackson agreed that a memo containing notes from witness interviews qualified for protection. Assessing the privacy interest, she noted that "the privacy interests are especially acute in this case because, based on the Court's in camera review of the records, there is a fair possibility that plaintiff would be able to identify the parties based on other information in the documents, even if their names were redacted." Boyd had claimed the government had failed to provide evidence in discovery that might support his innocence. But Jackson noted that "the interview memoranda at issue in document 1 contain, at most, 'little or nothing' about the Department of Justice's investigation into the plaintiff, other than to recount interviews with potential witnesses. The documents do not even seem to shed light on plaintiff's alleged discovery violations, but even if they did, plaintiff would still not be entitled to them." EOUSA had withheld another record under Exemption 3 (other statutes), citing Rule 6(e) on grand jury secrecy as the basis for its claim. But Jackson, indicating that grand jury secrecy only covered matters occurring before the grand jury, observed that part of the withheld record "appears to be letters sent among the prosecution team, or between counsel for the government and counsel for plaintiff. Those letters were sent well after plaintiff's indictment, and do not reflect any grand jury material protected by Rule 6(e)." EOUSA contended that a postscript in one record was protected by the attorney work-product privilege because it revealed information about the theory of the case. Jackson noted, however, that "the proposed redaction contains none of that protected informationâ€"it merely contains a request that the recipients of the letter pass the information it contains to someone else."
Issues: Exemption 7(C) - Invasion of privacy concerning law enforcement records, Exemption 3 - Limited agency discretion

Date Filed	Doc #	Docket Text
2013-08-28	1	COMPLAINT against BUREAU OF ALCOHOL, TOBACCO & FIREARMS, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Filing fee $ 0.00) filed by WILLIE E. BOYD. (Attachments: # 1 Civil Cover Sheet)(zmr) (Entered: 08/29/2013)
2013-08-28	2	MOTION for Leave to Proceed in forma pauperis by WILLIE E. BOYD. (zmr) (Entered: 08/29/2013)
2013-08-28	3	PRO SE ORDER directing within 30 days of this Order, unless an extension of time is granted, plaintiff to provide a six month trust fund prisoner account statement and failure to comply will result in dismissal of case. Plaintiff shall provide the requested information specific within this order. Signed by Judge Amy Berman Jackson on 8/16/13. (zmr) (Entered: 08/29/2013)
2013-08-28		SUMMONS Not Issued as to BUREAU OF ALCOHOL, TOBACCO & FIREARMS, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY. (zmr) (Entered: 08/29/2013)
2013-10-21		Filing fee: $ 350.00, receipt number 4616059387. (PAID IN FULL) (kb) (Entered: 10/21/2013)
2013-10-21		Case Reassigned to Judge Amy Berman Jackson. Unassigned no longer assigned to the case. (kb) (Entered: 10/21/2013)
2013-10-22		SUMMONS (4) Issued as to BUREAU OF ALCOHOL, TOBACCO & FIREARMS, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY, U.S. Attorney and U.S. Attorney General (jf, ) (Entered: 10/23/2013)
2013-11-01	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/29/2013. Answer due for ALL FEDERAL DEFENDANTS by 11/28/2013. (jf, ) (Entered: 11/01/2013)
2013-11-20	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY served on 11/14/2013, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/14/2013. (jf, ) (Entered: 11/21/2013)
2013-11-27	6	MOTION for Extension of Time to File Answer by BUREAU OF ALCOHOL, TOBACCO & FIREARMS, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order)(Maier, Peter) (Entered: 11/27/2013)
2013-11-27		MINUTE ORDER granting 6 Motion for Extension of Time to Answer. Defendants' answer or other response to the complaint is due by December 28, 2013. Signed by Judge Amy Berman Jackson on 11/27/13. (DMK) (Entered: 11/27/2013)
2013-11-27		Set/Reset Deadlines: Answer due by 12/28/2013, (tb, ) (Entered: 11/27/2013)
2013-12-20	7	Second MOTION for Extension of Time to File Answer by BUREAU OF ALCOHOL, TOBACCO & FIREARMS, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order)(Maier, Peter) (Entered: 12/20/2013)
2013-12-23		MINUTE ORDER granting 7 Second Motion for Extension of Time in Which to Respond to Complaint. It is ORDERED that defendants shall answer or otherwise respond to the complaint on or before January 31, 2014. Signed by Judge Amy Berman Jackson on 12/23/2013. (lcabj3) Modified on 12/24/2013 to reflect that this is a minute order (jth). (Entered: 12/23/2013)
2013-12-24		Set/Reset Deadlines: Defendants shall answer or otherwise respond to the complaint by 1/31/2014. (jth) (Entered: 12/24/2013)
2013-12-26	8	NOTICE to the Court re Temporary Transfer to Lexington, KY by WILLIE E. BOYD (jf, ) (Entered: 12/27/2013)
2014-01-02	9	NOTICE to the Court re Temporary Transfer by WILLIE E. BOYD "Leave to file GRANTED". by Judge Amy Berman Jackson(rdj) (Entered: 01/08/2014)
2014-01-08	10	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BUREAU OF ALCOHOL, TOBACCO & FIREARMS served on 12/30/2013 (rdj) (Entered: 01/08/2014)
2014-01-13	11	Mail Returned as "Return To Sender Not Deliverable as Addressed Unable to Forward". Sent to Pro Se Plaintiff Willie E. Boyd; Document Returned: The Court's Minute Order issued on 12/23/2013, granting defendant's motion to extend time until 1/31/2014 to respond to the complaint; Resent at new address: FMC Lexington, PO Box 14500 Lexington, KY 40512. (jth) (Entered: 01/15/2014)
2014-01-31	12	MOTION for Extension of Time to File Answer by BUREAU OF ALCOHOL, TOBACCO & FIREARMS, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order)(Maier, Peter) (Entered: 01/31/2014)
2014-01-31		MINUTE ORDER granting 12 defendants' Third Motion for Extension of Time in Which to Respond to Complaint. It is ORDERED that defendants' response to the complaint is due on or before March 2, 2014. The Court takes note of the fact that this is defendants' third request for an extension and it expects defendants to meet the deadline they have proposed for themselves. Signed by Judge Amy Berman Jackson on 1/31/2014. (lcabj3) (Entered: 01/31/2014)
2014-02-01		Set/Reset Deadlines: Defendants' Response to the Complaint is now due by 3/2/2014. (jth) (Entered: 02/01/2014)
2014-02-03	13	Amended MOTION for Extension of Time to File Answer by BUREAU OF ALCOHOL, TOBACCO & FIREARMS, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order)(Maier, Peter) (Entered: 02/03/2014)
2014-02-03		MINUTE ORDER granting 13 defendants' amended Third Motion for Extension of Time in Which to Respond to Complaint. It is ORDERED that defendants' response to the complaint is due on or before March 2, 2014. The Court takes note of the fact that this is defendants' third request for an extension and it expects defendants to meet the deadline they have proposed for themselves. Signed by Judge Amy Berman Jackson on 2/3/2014. (lcabj3) (Entered: 02/03/2014)
2014-02-27	15	MOTION to Amend/Correct 1 Complaint by WILLIE E. BOYD (td, ) (Entered: 03/04/2014)
2014-02-28	14	MOTION for Extension of Time to File Answer by BUREAU OF ALCOHOL, TOBACCO & FIREARMS, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order)(Maier, Peter) (Entered: 02/28/2014)
2014-02-28		MINUTE ORDER granting 14 defendants' Fourth Motion for Extension of Time in Which to Respond to Complaint. It is ORDERED that defendants' response is due on or before March 17, 2014. The Court will grant no further extensions to defendants with respect to this filing. Signed by Judge Amy Berman Jackson on 2/28/2014. (lcabj3) (Entered: 02/28/2014)
2014-02-28		Set/Reset Deadlines: Defendants' Answer or Otherwise Response to the Complaint is now due by 3/17/2014. (jth) (Entered: 02/28/2014)
2014-03-05		MINUTE ORDER granting 15 Plaintiff's Motion to Amend Complaint. It is ORDERED that plaintiff's complaint is amended to include Count 3 and the related attachments, all of which are contained in plaintiff's motion. Signed by Judge Amy Berman Jackson on 3/5/2014. (lcabj3) (Entered: 03/05/2014)
2014-03-05	16	AMENDED COMPLAINT against BUREAU OF ALCOHOL, TOBACCO & FIREARMS, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY filed by WILLIE E. BOYD. (See Docket Entry 15 to view document)(jf, ) (Entered: 03/06/2014)
2014-03-18	17	MOTION for Summary Judgment by BUREAU OF ALCOHOL, TOBACCO & FIREARMS, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Exhibit, # 4 Declaration, # 5 Declaration, # 6 Exhibit, # 7 Declaration, # 8 Exhibit, # 9 Exhibit, # 10 Declaration, # 11 Exhibit, # 12 Statement of Facts, # 13 Text of Proposed Order)(Maier, Peter) (Entered: 03/18/2014)
2014-04-10	18	MOTION for Extension of Time to File Response/Reply as to 17 MOTION for Summary Judgment by WILLIE E. BOYD (td, ) (Entered: 04/14/2014)
2014-04-15		MINUTE ORDER granting 18 plaintiff's Motion for Extension of Time. Defendants are directed to respond to plaintiff's Motion for Extension of Time or, in the alternative, to propose a date by which they will file a renewed motion for summary judgment that addresses all three counts of the amended complaint, by April 22, 2014. In the meantime, plaintiff's time to respond to defendants' motion for summary judgment shall be extended to a date to be determined after defendants have responded to this Minute Order. Signed by Judge Amy Berman Jackson on 4/15/2014. (lcabj3) (Entered: 04/15/2014)
2014-04-15		Set/Reset Deadlines: Defendants are to respond to plaintiff's 18 Motion for Extension of Time or, in the alternative, to propose a date by which they will file a renewed motion for summary judgment that addresses all three counts of the amended complaint, by 4/22/2014. (jth) (Entered: 04/15/2014)
2014-04-21	19	MOTION for Leave to File Renewed Motion for Summary Judgment by BUREAU OF ALCOHOL, TOBACCO & FIREARMS, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order)(Maier, Peter) (Entered: 04/21/2014)
2014-04-22		MINUTE ORDER. It is ORDERED that defendants' 19 Motion for Leave to File Renewed Motion for Summary Judgment is GRANTED and that defendants' renewed motion is due on or before June 23, 2014. It is FURTHER ORDERED that defendants' 17 Motion for Summary Judgment is DENIED as moot. Signed by Judge Amy Berman Jackson on 4/22/2014. (lcabj3) (Entered: 04/22/2014)
2014-04-23		Set/Reset Deadlines: Defendants' Renewed Motion for Summary Judgment is due by 6/23/2014. (jth) (Entered: 04/23/2014)
2014-06-23	20	Renewed MOTION for Summary Judgment by BUREAU OF ALCOHOL, TOBACCO & FIREARMS, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order, # 2 Statement of Facts, # 3 Memorandum in Support, # 4 Declaration EOUSA 2d Declaration, # 5 Declaration EOUSA 1st Declaration, # 6 Exhibit EOUSA Decl Exhs, # 7 Declaration BATF Declaration, # 8 Exhibit BATF Decl. Exhs, # 9 Declaration Treasury Decl. & Exhs, # 10 Declaration IRS Declaration, # 11 Declaration Marshals Service Declaration, # 12 Exhibit BOP Letter, # 13 Statement of Facts Initial Statement of Facts)(Maier, Peter) . (Entered: 06/23/2014)
2014-07-10	21	MOTION for Extension of Time to File Response as to 20 Supplemental MOTION for Summary Judgment by WILLIE E. BOYD (jf, ) (Entered: 07/14/2014)
2014-07-14		MINUTE ORDER granting 21 Plaintiff's Motion for an Extension of Time. It is ORDERED that plaintiff's response to defendants' motion for summary judgment is due on or before September 5, 2014. Signed by Judge Amy Berman Jackson on 7/14/2014. (lcabj3) (Entered: 07/14/2014)
2014-07-14	22	MOTION for Vaughn Index by WILLIE E. BOYD (rdj) (Entered: 07/16/2014)
2014-07-15		Set/Reset Deadlines: Plaintiff's Response to Defendants' Motion for Summary Judgment is due by 9/5/2014. (jth) (Entered: 07/15/2014)
2014-07-17		MINUTE ORDER denying 22 plaintiff's Motion for Vaughn Index without prejudice. The Court notes that the Vaughn index attached to defendants' renewed motion for summary judgment appears to be fairly specific about the nature of the documents withheld and the exemptions relied upon. As is usually the procedure in these cases, plaintiff can argue the insufficiency of the Vaughn index coupled with the declarations in his opposition to the motion for summary judgment. Signed by Judge Amy Berman Jackson on 7/17/2014. (lcabj3) (Entered: 07/17/2014)
2014-07-29	23	FOX/NEAL ORDER. Plaintiff shall respond to defendants' motion for summary judgment on or before September 5, 2014. 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 7/29/2014. (lcabj3) (Entered: 07/29/2014)
2014-09-02	24	MOTION to suspend briefing as to defendant's EOUSA and BATF as to Count - 1 and Count 2 of the complaint by WILLIE E. BOYD (td, ) (Entered: 09/03/2014)
2014-09-08		MINUTE ORDER granting 24 Plaintiff's Motion to Suspend Briefing. It is ORDERED that the motion is GRANTED and that plaintiff's time to respond to 20 defendant's motion for summary judgment -- in its entirety, notwithstanding plaintiff's request to bifurcate the matter -- is extended until two weeks after the D.C. Circuit rules on plaintiff's request to recall its mandates. It is FURTHER ORDERED that defendant is directed to inform the Court when the D.C. Circuit issues its ruling on that matter. Signed by Judge Amy Berman Jackson on 9/8/2014. (lcabj3) (Entered: 09/08/2014)
2014-09-11	25	Memorandum in opposition to re 20 Renewed MOTION for Summary Judgment filed by WILLIE E. BOYD. (Attachments: # 1 Exhibit)(jf, ) (Entered: 09/12/2014)
2014-09-11	26	MOTION for Summary Judgment by WILLIE E. BOYD (See Docket Entry 25 to view document) (jf, ) (Entered: 09/12/2014)
2014-09-19	27	NOTICE to the Court of the Circuit Court's denial to recall its Mandate and Motion for additional time to file a full response to the defendant's renewed motion for summary judgment by WILLIE E. BOYD (td, ) (Entered: 09/23/2014)
2014-10-01		MINUTE ORDER that in light of plaintiff's 27 notice to the Court, plaintiff's deadline to respond to defendant's renewed motion for summary judgment is extended until October 27, 2014. It is FURTHER ORDERED that defendant's reply will be due on or before November 10, 2014. Signed by Judge Amy Berman Jackson on 10/1/2014. (lcabj3) (Entered: 10/01/2014)
2014-10-02		Set/Reset Deadlines: Plaintiff's response to Defendant's Renewed Motion for summary judgment is now due by 10/27/2014; Defendant's Reply is now due by 11/10/2014. (jth) (Entered: 10/02/2014)
2014-10-27	28	Memorandum in opposition to re 20 Renewed MOTION for Summary Judgment filed by WILLIE E. BOYD. (Attachments: # 1 Declaration, # 2 Appendix Part 1 of 2, # 3 Appendix Part 2 of 2)(jf, ) (Entered: 10/28/2014)
2014-10-27	29	Cross MOTION for Summary Judgment by WILLIE E. BOYD. (See Docket Entry 28 to view document) (jf, ) (Entered: 10/28/2014)
2014-11-13	30	MOTION for Extension of Time to File Response/Reply by BUREAU OF ALCOHOL, TOBACCO & FIREARMS, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order)(Maier, Peter) (Entered: 11/13/2014)
2014-11-14		MINUTE ORDER granting 30 Motion for Extension of Time to File Combined Reply and Opposition to Cross-Motion for Summary Judgement. It is ORDERED that defendants' combined reply and opposition to plaintiff's cross-motion for summary judgment is due by November 17, 2014. Signed by Judge Amy Berman Jackson on 11/14/14. (DMK) (Entered: 11/14/2014)
2014-11-14		Set/Reset Deadlines: Defendant's Response to Cross Motions due by 11/17/2014. Defendant's Reply to Motion for Summary Judgment due by 11/17/2014. (tb, ) (Entered: 11/14/2014)
2014-11-17	31	REPLY to opposition to motion re 20 Supplemental MOTION for Summary Judgment , 29 MOTION for Summary Judgment filed by BUREAU OF ALCOHOL, TOBACCO & FIREARMS, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY. (Attachments: # 1 Appendix)(Maier, Peter) (Entered: 11/17/2014)
2014-11-17	32	Memorandum in opposition to re 29 MOTION for Summary Judgment filed by BUREAU OF ALCOHOL, TOBACCO & FIREARMS, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY. (Attachments: # 1 Appendix)(Maier, Peter) (Entered: 11/17/2014)
2014-12-10	33	REPLY re 29 Cross MOTION for Summary Judgment filed by WILLIE E. BOYD. "Leave to file GRANTED as a reply in support of cross motion for summary judgment" signed by Judge Amy Berman Jackson on 12/04/2014 (Attachments: # 1 Exhibit)(jf, ) (Entered: 12/10/2014)
2015-02-27	34	MOTION to Expedite by WILLIE E. BOYD (jf, ) (Entered: 03/02/2015)
2015-03-03	35	ORDER. The Court will hold plaintiff's motion to expedite 34 in abeyance pending the resolution of the parties' motions for summary judgment, which the Court has taken under advisement. Signed by Judge Amy Berman Jackson on 3/3/15. (lcabj3) (Entered: 03/03/2015)
2015-03-06	36	JUDCIAL NOTICE by WILLIE E. BOYD (jf, ) (Entered: 03/09/2015)
2015-03-23	37	MOTION to Clarify Court's Order filed on 03/03/2015 by WILLIE E. BOYD (jf, ) (Entered: 03/25/2015)
2015-03-26	38	ORDER denying as moot 26 Motion for Summary Judgment; granting 37 Motion to Clarify. See order for details. Signed by Judge Amy Berman Jackson on 3/26/2015. (lcabj3) (Entered: 03/26/2015)
2015-03-31	39	ORDER. It is ORDERED that defendants' renewed motion for summary judgment 20 is GRANTED IN PART and DENIED IN PART. It is FURTHER ORDERED that plaintiff's cross-motion for summary judgment 29 is GRANTED IN PART and DENIED IN PART. This case is remanded to defendants for further action consistent with the Court's Memorandum Opinion. And it is FURTHER ORDERED that plaintiff's Motion to Expedite 34 is DENIED as moot. And it is FURTHER ORDERED that defendants shall submit a status report in this matter on April 30, 2015. See order for details. Signed by Judge Amy Berman Jackson on 3/31/2015. (lcabj3) (Entered: 03/31/2015)
2015-03-31	40	MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 3/31/2015. (lcabj3) (Entered: 03/31/2015)
2015-04-01		Set/Reset Deadlines: This case is remanded to the Defendants. The defendants shall submit a Status Report in this matter by 4/30/2015. (jth) (Entered: 04/01/2015)
2015-04-30	41	STATUS REPORT by BUREAU OF ALCOHOL, TOBACCO & FIREARMS, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY. (Maier, Peter) (Entered: 04/30/2015)
2015-04-30	42	MOTION to Alter or Amend Judgment as to 40 Memorandum & Opinion, 39 Order on Motion for Summary Judgment,, Order on Motion to Expedite, by WILLIE E. BOYD (jf, ) (Entered: 05/01/2015)
2015-05-06	43	MOTION for Leave to File "Erratums" by WILLIE E. BOYD (Attachments: # 1 Exhibit)(rdj) (Entered: 05/07/2015)
2015-05-07		MINUTE ORDER granting 43 Plaintiff's Motion Request to File "Erratums" to the Rule 59(e) Motion. The Clerk is directed to file the revised motion [Dkt. # 43-1] on the docket. It is FURTHER ORDERED that plaintiff's initial Rule 59(e) motion 42 is DENIED as moot. Signed by Judge Amy Berman Jackson on 5/7/2015. (lcabj3) (Entered: 05/07/2015)
2015-05-07	44	WITHDRAWN PURSUANT TO MINUTE ORDER FILED 10/07/15.....Supplemental MOTION to Alter Judgment as to 40 Memorandum & Opinion, 39 Order on Motion for Summary Judgment, Order on Motion to Expedite by WILLIE E. BOYD (nmw) Modified on 10/7/2015 (jth). (Entered: 05/08/2015)
2015-05-22	45	SUPPLEMENT to re 44 MOTION to Alter Judgment as to 40 Memorandum & Opinion, 39 Order on Motion for Summary Judgment,, Order on Motion to Expedite filed by WILLIE E. BOYD. (jf) (Entered: 05/26/2015)
2015-07-01	46	MOTION for Order directing the defendants to respond to Rule 59(e) motion by WILLIE E. BOYD (jf) (Entered: 07/07/2015)
2015-07-16	47	Memorandum in opposition to re 44 Supplemental MOTION to Alter Judgment as to 40 Memorandum & Opinion, 39 Order on Motion for Summary Judgment, Order on Motion to Expedite filed by BUREAU OF ALCOHOL, TOBACCO & FIREARMS, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY. (Maier, Peter) Modified on 7/30/2015 (jf). (Entered: 07/16/2015)
2015-07-27	49	REPLY to opposition to re 42 MOTION to Alter Judgment as to 40 Memorandum & Opinion, 39 Order on Motion for Summary Judgment,, Order on Motion to Expedite filed by WILLIE E. BOYD. (jf) (Entered: 07/29/2015)
2015-07-28	48	MOTION for Extension of Time to File by BUREAU OF ALCOHOL, TOBACCO & FIREARMS (Attachments: # 1 Text of Proposed Order)(Maier, Peter) (Entered: 07/28/2015)
2015-07-28		MINUTE ORDER granting 48 Motion for Extension of Time. It is ORDERED that the supplemental declaration and Vaughn index of defendant the Department of the Treasury shall be filed on or before August 29, 2015. Signed by Judge Amy Berman Jackson on 7/28/2015. (lcabj3) (Entered: 07/28/2015)
2015-07-29		Set/Reset Deadlines: Defendants (Department of the Treasury) Supplemental Declaration and Vaughn Index shall be filed by 8/29/2015. (jth) (Entered: 07/29/2015)
2015-08-28		MINUTE ORDER. Defendant the Executive Office for United States Attorneys is ORDERED to deliver the following records for the Court's in camera review on or before September 4, 2015: Document 1; Document 3; Document 6; and Document 8. See Vaughn Index [Dkt. # 20-6]; see also Ray v. Turner, 587 F.2d 1187, 1195 (D.C. Cir. 1978). Defendant is directed to indicate in the in camera filing which portions of the records, if any, were already released to plaintiff. Signed by Judge Amy Berman Jackson on 8/28/2015. (lcabj3) (Entered: 08/28/2015)
2015-08-31		Set/Reset Deadlines: Defendant - the Executive Office for United States Attorneys, submission of documents for the Court's In Camera Review are due by 9/4/2015. (zjth) (Entered: 08/31/2015)
2015-08-31	50	Second MOTION for Summary Judgment by BUREAU OF ALCOHOL, TOBACCO & FIREARMS, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Exhibit Vaughn Index, # 4 Text of Proposed Order)(Maier, Peter) (Entered: 08/31/2015)
2015-09-01	51	FOX/NEAL ORDER. Plaintiff shall respond to defendants' motion for summary judgment 50 on or before October 1, 2015. Plaintiff shall address only the issues that remain in this case following the Court's March 31, 2015 Memorandum Opinion 40 ; plaintiff may not re-argue any issue that was already ruled upon. 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 9/1/2015. (lcabj3) (Entered: 09/01/2015)
2015-09-04	52	NOTICE of Filing Documents In Camera by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY re Order,, (Maier, Peter) (Entered: 09/04/2015)
2015-09-04	53	NOTICE (Corrected) FilingDocuments In Camera by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY re 52 Notice (Other) (Maier, Peter) (Entered: 09/04/2015)
2015-09-11	54	MOTION to Withdraw 59(e) by WILLIE E. BOYD (jf) (Entered: 09/14/2015)
2015-09-11	55	RESPONSE re 50 Second MOTION for Summary Judgment filed by WILLIE E. BOYD. (jf) (Entered: 09/14/2015)
2015-09-18	56	MOTION for Order by WILLIE E. BOYD (jf) (Entered: 09/21/2015)
2015-09-23		MINUTE ORDER Denying as Moot 56 Plaintiff's Motion Request for the Court to Issue an Order Directing the Clerk's Office to Serve of the Plaintiff the Court's August 28, 2015, Minute Order. The Clerk is directed to send this Order, another copy of the August 28, 2015 Minute Order, and a copy of the docket sheet in this case to the Pro Se Plaintiff. Signed by Judge Amy Berman Jackson on 9/23/2015. (jth) (Entered: 09/23/2015)
2015-10-07		MINUTE ORDER granting 54 plaintiff's Motion to Withdraw 59(e). The Clerk is directed to note on the docket that 44 plaintiff's Motion to Alter Judgment is withdrawn. In light of this Order, 46 plaintiff's motion for an order to direct the defendants to respond is DENIED as moot. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/7/2015. (lcabj3) (Entered: 10/07/2015)
2015-11-03		MINUTE ORDER. Defendant the Executive Office of United States Attorneys shall file a memorandum detailing its position on the application of FOIA exemptions (b)(5) and (b)(7)(C) to document 1 and explaining how the elements of those exemptions have been satisfied. See Vaughn Index [Dkt. # 20-6]. The memorandum should specifically address whether what appear to be memoranda of witness interviews, which may or may not have been created by counsel, are protected by the attorney work-product privilege, and whether and why the Government claims any privilege as to the first three pages of document 1. Defendant's memorandum should be filed on or before November 13, 2015. Defendant may file its memorandum in camera if necessary. SO ORDERED. Signed by Judge Amy Berman Jackson on 11/3/2015. (lcabj3) (Entered: 11/03/2015)
2015-11-04		Set/Reset Deadlines: Defendant's Memorandum to be filed by 11/13/2015. Defendant may file its Memorandum - In Camera, if necessary. (jth) (Entered: 11/04/2015)
2015-11-13	57	AFFIDAVIT re Order,,, November 3, 2015 by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY. (Attachments: # 1 Declaration)(Maier, Peter) (Entered: 11/13/2015)
2015-11-16	58	NOTICE Amended by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY re 57 Affidavit (Attachments: # 1 Declaration)(Maier, Peter) (Entered: 11/16/2015)
2015-11-30	59	ORDER granting 50 Motion for Summary Judgment. Pursuant to Rules 56 and 58 of the Federal Rules of Civil Procedure, and for the reasons stated in the accompanying Memorandum Opinion, it is ORDERED that defendant's 50 second motion for summary judgment is GRANTED as conceded. It is FURTHER ORDERED that, by January 4, 2016, defendants shall disclose the "P.S." line of the letter on page 3 of document 6, and on page 2 of document 8, see Ex. F to Suppl. Decl. of David Luczynski [Dkt. # 20-6], except that defendants shall not reveal the name of the local government official named in those letters; it is FURTHER ORDERED that defendants shall file a status report on or before January 4, 2016, notifying the Court whether those documents have been released, and it is FURTHER ORDERED that in all other respects, judgment is entered in favor of defendants. This is a final, appealable order. See order for complete details. SO ORDERED. Signed by Judge Amy Berman Jackson on 11/30/2015. (lcabj3) (Entered: 11/30/2015)
2015-11-30	60	MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 11/30/2015. (lcabj3) (Entered: 11/30/2015)
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