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Case TitleSMITH v. EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2013cv01088
Date Filed2013-07-16
Date Closed2015-03-18
JudgeJudge Richard J. Leon
PlaintiffBRIAN EUGENE SMITH
DefendantEXECUTIVE OFFICE FOR UNITED STATES ATTORNEY
DefendantDRUG ENFORCEMENT ADMINISTRATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [40]
Opinion/Order [52]
FOIA Project Annotation: Judge Richard Leon has ruled that the DEA conducted an adequate search for chain-of-custody records requested by Brian Smith and that it properly withheld records under various subsections of Exemption 7 (law enforcement records). Smith requested records from DEA and EOUSA pertaining to the government's chain of custody for drugs seized in Pittsburgh by providing a specific case number. EOUSA referred that portion of Smith's request to the DEA, which determined that it had already searched for the records based on Smith's direct request to the DEA and closed the EOUSA referral. By using Smith's case number, DEA located its records that described and catalogued the drugs seized, but indicated it did not have any record confirming the chain of custody. The agency reviewed the documents a second time to look for records pertaining specifically to Smith and not his co-defendant. Smith challenged the adequacy of DEA's search. Leon noted that "plaintiff misunderstands not only the extent of an agency's obligations under the FOIA, but also the purposes of defendant's supplemental summary judgment motion." Dissatisfied with the agency's search, Smith contended the agency must have more records pertaining to the drugs when they were sent to the DEA Indianapolis office. But Leon observed that Smith "neither offers support for this proposition nor demonstrates that the DEA was required to conduct an entirely new search. Furthermore, the DEA is not obligated to answer questions or to produce particular records supporting plaintiff's many challenges to certain facts underlying his arrest and conviction."
Issues: Adequacy - Search, Exemption 7 - Law enforcement records
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2013-07-161COMPLAINT against DRUG ENFORCEMENT ADMINISTRATION, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Filing fee $ 0.00) filed by BRIAN EUGENE SMITH. (Attachments: # 1 Civil Cover Sheet, # 2 Certificate of Service)(zmr) (Entered: 07/18/2013)
2013-07-162MOTION for Leave to Proceed in forma pauperis by BRIAN EUGENE SMITH. (zmr) (Entered: 07/18/2013)
2013-07-163PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by BRIAN EUGENE SMITH. (zmr) (Entered: 07/18/2013)
2013-07-16SUMMONS Issued (4) as to DRUG ENFORCEMENT ADMINISTRATION, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY, U.S. Attorney and U.S. Attorney General. (zmr) (Entered: 07/18/2013)
2013-07-164ORDER directing an initial partial filing fee in the amount of $37.55 from Prison Account of BRIAN EUGENE SMITH, further ordereed, granting 2 MOTION for Leave to Proceed in forma pauperis. Signed by Judge James E. Boasberg on 07/10/13. (zmr) (Entered: 07/18/2013)
2013-08-025RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/31/2013. Answer due for ALL FEDERAL DEFENDANTS by 8/30/2013. (rdj) (Entered: 08/05/2013)
2013-08-086RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DRUG ENFORCEMENT ADMINISTRATION served on 7/29/2013 (rdj) (Entered: 08/08/2013)
2013-08-307MOTION for Extension of Time to File Answer re 1 Complaint by DRUG ENFORCEMENT ADMINISTRATION, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Haynes, Fred) (Entered: 08/30/2013)
2013-09-05MINUTE ORDER granting 7 Defendants' MOTION for Brief Extension of Time to Respond to the Complaint. It is hereby ORDERED that the motion is GRANTED. It is further ORDERED that defendants will file their response to the complaint by 9/9/2013. Signed by Judge Richard J. Leon on 9/5/2013. (lcrjl3) (Entered: 09/05/2013)
2013-09-098Second MOTION for Extension of Time to File Answer re 1 Complaint by DRUG ENFORCEMENT ADMINISTRATION, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Haynes, Fred) (Entered: 09/09/2013)
2013-09-12MINUTE ORDER granting 8 Defendants' MOTION for a Brief Extension of Time to Respond to the Complaint. It is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that defendnats will file their answer to the complaint by 9/16/2013. Signed by Judge Richard J. Leon on 9/12/2013. (lcrjl3) (Entered: 09/12/2013)
2013-09-169Third MOTION for Extension of Time to File Answer re 1 Complaint by DRUG ENFORCEMENT ADMINISTRATION, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Haynes, Fred) (Entered: 09/16/2013)
2013-09-1910ANSWER to 1 Complaint by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY.(Haynes, Fred) (Entered: 09/19/2013)
2013-09-1911ANSWER to 1 Complaint by DRUG ENFORCEMENT ADMINISTRATION.(Haynes, Fred) (Entered: 09/19/2013)
2013-09-2312ORDER: Granting 9 Third MOTION for Extension of Time to File Answer re: 1 Complaint filed by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY, DRUG ENFORCEMENT ADMINISTRATION nunc pro tunc. It is hereby ordered defendant's Dispositive Motion due by 11/1/2013. Response to Dispositive Motion due by 12/2/2013. Reply to Dispositive Motion due by 12/23/2013. Plaintiff's Cross Motion due by 12/2/2013. Response to Cross Motion due by 12/23/2013. Reply to Cross Motions due by 1/13/2014. Signed by Judge Richard J. Leon on 09/2/1/13. (tb, ) Modified on 9/23/2013 (tb, ). (Entered: 09/23/2013)
2013-10-1514REPLY filed by BRIAN EUGENE SMITH. (jf, ) (Entered: 10/24/2013)
2013-10-2413Mail Returned as undeliverable. Order 12 was returned on October 1, 2013. No forwarding address. (tb, ) (Entered: 10/24/2013)
2013-11-0115MOTION for Extension of Time to Commence and Complete the Briefing of Dispositive Motions by DRUG ENFORCEMENT ADMINISTRATION, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Haynes, Fred) (Entered: 11/01/2013)
2013-11-06MINUTE ORDER granting nunc pro tunc 15 Defendant's MOTION for Extension of Time for the Briefing Schedule. It is hereby ORDERED that the motion is GRANTED nunc pro tunc; and it is further ORDERED that dispositive motions are due by 12/2/13; oppositions and cross-motions are due by 1/10/14; replies and oppositions to cross-motions are due by 2/10/14; and replies are due by 3/10/14. Signed by Judge Richard J. Leon on 11/6/2013. (lcrjl3) (Entered: 11/06/2013)
2013-11-08Set/Reset Deadlines: Cross Motions due by 1/10/2014. Response to Cross Motions due by 2/10/2014. Reply to Cross Motions due by 3/10/2014. Dispositive Motions due by 12/2/2013. Response to Dispositive Motions due by 1/10/2014. Reply to Dispositive Motions due by 2/10/2014. (tb, ) (Entered: 11/08/2013)
2013-12-0216Second MOTION for Extension of Time to Complete the Briefing Schedule by DRUG ENFORCEMENT ADMINISTRATION, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Haynes, Fred) (Entered: 12/02/2013)
2013-12-0517Mail Returned as undeliverable. Per the Bureau of Prisons' inmate locator, Mr. Smith was release on December 3, 2013 and he has not informed the Court of his current address. (tb, ) (Entered: 12/05/2013)
2013-12-06MINUTE ORDER granting 16 Defendants' MOTION for a Further Extension of Time for the Briefing Schedule. It is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the following briefing schedule is set: defendants' dispositive motion is due on or by 12/20/2013; plaintiff's cross-motion and opposition to defendants' motion are due on or by 1/28/2014; defendants' reply in support of their motion and opposition to plaintiff's cross-motion are due on or by 2/27/2014; and plaintiff's reply in support of his cross-motion is due on or by 3/18/2014. Signed by Judge Richard J. Leon on 12/6/2013. (lcrjl3) Modified on 12/9/2013 (tb, ). (Entered: 12/06/2013)
2013-12-09Set/Reset Deadlines: Cross Motions due by 1/28/2014. Response to Cross Motions due by 2/27/2014. Reply to Cross Motions due by 3/18/2014. Dispositive Motions due by 12/20/2013. Response to Dispositive Motions due by 1/28/2014. Reply to Dispositive Motions due by 2/27/2014. (tb, ) (Entered: 12/09/2013)
2013-12-2018MOTION for Extension of Time to the Briefing Schedule by DRUG ENFORCEMENT ADMINISTRATION, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Haynes, Fred) (Entered: 12/20/2013)
2013-12-30MINUTE ORDER granting 18 Defendants' Motion for a Further Extension of Time for the Briefing Schedule. It is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the following briefing schedule is set: defendants' dispositive motion is due on or by 1/10/2014; plaintiff's cross-motion and opposition to defendants' motion are due on or by 2/20/2014; defendants' reply in support of their motion and opposition to plaintiff's cross-motion are due on or by 3/12/2014; and plaintiff's reply in support of his cross-motion is due on or by 4/12/2014. Signed by Judge Richard J. Leon on 12/30/2013. (lcrjl3) (Entered: 12/30/2013)
2014-01-06Set/Reset Deadlines: Cross Motions due by 2/20/2014. Response to Cross Motions due by 3/12/2014. Reply to Cross Motions due by 4/12/2014. Dispositive Motions due by 1/10/2014. Response to Dispositive Motions due by 2/20/2014. Reply to Dispositive Motions due by 3/12/2014. (tb, ) (Entered: 01/06/2014)
2014-01-1019MOTION for Extension of Time to the Briefing Schedule by DRUG ENFORCEMENT ADMINISTRATION, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Haynes, Fred) (Entered: 01/10/2014)
2014-01-1020AFFIDAVIT by BRIAN EUGENE SMITH. (jf, ) (Entered: 01/13/2014)
2014-01-13MINUTE ORDER granting nunc pro tunc 19 Defendants' Motion for a Further Extension of Time for the Briefing Schedule. It is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the following briefing schedule is set: defendants' dispositive motion is due on or by 1/27/2014; plaintiff's cross-motion and opposition to defendants' motion are due on or by 3/10/2014; defendants' reply in support of their motion and opposition to plaintiff's cross-motion are due on or by 3/28/2014; and plaintiff's reply in support of his cross-motion is due on or by 4/29/2014. Signed by Judge Richard J. Leon on 1/13/2014. (lcrjl3) (Entered: 01/13/2014)
2014-01-14Set/Reset Deadlines: Cross Motions due by 3/10/2014. Response to Cross Motions due by 3/28/2014. Reply to Cross Motions due by 4/29/2014. Dispositive Motions due by 1/27/2014. Response to Dispositive Motions due by 3/10/2014. Reply to Dispositive Motions due by 3/28/2014. (tb, ) (Entered: 01/14/2014)
2014-01-2721Final MOTION for Extension of Time to the Summary Judgment Briefing Schedule by DRUG ENFORCEMENT ADMINISTRATION, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Haynes, Fred) (Entered: 01/27/2014)
2014-01-2722RESPONSE re 21 Final MOTION for Extension of Time to the Summary Judgment Briefing Schedule filed by BRIAN EUGENE SMITH. (rdj) (Entered: 01/29/2014)
2014-01-3123REPLY to opposition to motion re 21 Final MOTION for Extension of Time to the Summary Judgment Briefing Schedule filed by DRUG ENFORCEMENT ADMINISTRATION, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY. (Haynes, Fred) (Entered: 01/31/2014)
2014-02-03MINUTE ORDER granting 21 MOTION for Final Extension of Time for the Briefing Schedule. It is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the following briefing schedule is set: defendants shall file their dispositive motion by 2/6/2014; plaintiff shall file his opposition to that motion and any cross-motion by 3/20/2014; defendants shall file a reply and opposition by 4/7/2014; and plaintiff shall file a reply by 5/9/2014. No further extensions will be granted absent extraordinary circumstances. Signed by Judge Richard J. Leon on 2/3/2014. (lcrjl3) (Entered: 02/03/2014)
2014-02-04Set/Reset Deadlines: Cross Motions due by 3/20/2014. Response to Cross Motions due by 4/7/2014. Reply to Cross Motions due by 5/9/2014. Dispositive Motions due by 2/6/2014. Response to Dispositive Motions due by 3/20/2014. Reply to Dispositive Motions due by 4/7/2014. (tb, ) (Entered: 02/04/2014)
2014-02-04Set/Reset Deadlines: Cross Motions due by 3/20/2014. Response to Cross Motions due by 4/7/2014. Reply to Cross Motions due by 5/29/2014. Dispositive Motions due by 2/6/2014. Response to Dispositive Motions due by 3/20/2014. Reply to Dispositive Motions due by 4/7/2014. (tb, ) (Entered: 02/04/2014)
2014-02-0624MOTION for Partial Summary Judgment as to Executive Office for the United States Attorneys by DRUG ENFORCEMENT ADMINISTRATION, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Attachments: # 1 Exhibit A - Declaration of David Luczynski, # 2 Exhibit B - Declaration of Katherine L. Myrick)(Haynes, Fred) Modified event title on 2/7/2014 (znmw, ). (Entered: 02/06/2014)
2014-02-0725MOTION for Extension of Time to File the Drug Enforcement Administration's Motion for Partial Summary Judgment by DRUG ENFORCEMENT ADMINISTRATION (Haynes, Fred) (Entered: 02/07/2014)
2014-02-10MINUTE ORDER denying 25 Motion for Extension of Time for the Briefing of the Issue of the Adequacy of DEA's Search for Responsive Documents. It is hereby ORDERED that the motion is DENIED. Signed by Judge Richard J. Leon on 2/10/2014. (lcrjl3) (Entered: 02/10/2014)
2014-02-1226Order advising plaintiff to file an opposition to defendant's motion for partial summary judgment [ECF No. 24] by 3/20/2014. If plaintiff does not respond by that date, the Court may treat the defendant's motion as conceded. Signed by Judge Richard J. Leon on 02/11/2014. (jth) (Entered: 02/12/2014)
2014-03-2027RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY served on 7/19/2013, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 07/19/2013. (jf, ) (Entered: 03/20/2014)
2014-03-2428MOTION for Extension of Time to File Response as to 24 MOTION for Partial Summary Judgment as to Executive Office for the United States Attorneys by BRIAN EUGENE SMITH (jf, ) (Entered: 03/25/2014)
2014-03-26MINUTE ORDER granting nunc pro tunc plaintiff's 28 Motion for an Extension of Time to Respond. It is hereby ORDERED that the motion is GRANTED nunc pro tunc; and it is further ORDERED that plaintiff's deadline for filing an opposition to defendant's motion for partial summary judgment shall be extended by 30 days. Signed by Judge Richard J. Leon on 3/26/2014. (lcrjl3) (Entered: 03/26/2014)
2014-05-0229RESPONSE re 24 MOTION for Partial Summary Judgment as to Executive Office for the United States Attorneys filed by BRIAN EUGENE SMITH. (jf, ) (Entered: 05/06/2014)
2014-05-1230REPLY to opposition to motion re 24 MOTION for Partial Summary Judgment as to Executive Office for the United States Attorneys and the Drug Enforcement Administration filed by DRUG ENFORCEMENT ADMINISTRATION, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY. (Attachments: # 1 Exhibit A - DEA Letter to Plaintiff, # 2 Exhibit B - Part of Government's Opposition to Plaintiff's Section 2255 Petition)(Haynes, Fred) (Entered: 05/12/2014)
2014-05-1431MOTION for Leave to File a Supplemental Motion for Summary Judgment Concerning DEA's Search by DRUG ENFORCEMENT ADMINISTRATION, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Haynes, Fred) (Entered: 05/14/2014)
2014-05-19MINUTE ORDER granting 31 Motion for Leave to File a Supplemental Motion for Summary Judgment Concerning DEA's Search. It is hereby ORDERED that DEA's motion is granted; it is further ORDERED that DEA shall file its supplemental motion for summary judgment by June 30, 2014. Signed by Judge Richard J. Leon on 5/19/2014. (lcrjl3) (Entered: 05/19/2014)
2014-06-0932Memorandum in opposition to re 31 MOTION for Leave to File a Supplemental Motion for Summary Judgment Concerning DEA's Search filed by BRIAN EUGENE SMITH. (jf, ) (Entered: 06/10/2014)
2014-06-3033First MOTION for Extension of Time to File Its Supplemental Motion for Summary Judgment by DRUG ENFORCEMENT ADMINISTRATION (Haynes, Fred) (Entered: 06/30/2014)
2014-07-0334Second MOTION for Extension of Time to File DEA's Supplemental Motion for Summary Judgment by DRUG ENFORCEMENT ADMINISTRATION (Haynes, Fred) (Entered: 07/03/2014)
2014-07-0835Supplemental MOTION for Summary Judgment by DRUG ENFORCEMENT ADMINISTRATION (Attachments: # 1 Exhibit A - Supplemental Myrick Declaration)(Haynes, Fred) (Entered: 07/08/2014)
2014-07-10MINUTE ORDER granting, nunc pro tunc, 34 Motion for Brief Further Extension of Time For the Filing of Defendant DEA's Supplemental Summeary Judgment Motion on the Adequacy of its Search for Chain-of-Custody Documents. It is hereby ORDERED that defendant's motion is GRANTED; it is further ORDERED that defendant DEA shall file its supplemental motion for summary judgment by July 8, 2014. Signed by Judge Richard J. Leon on 7/10/2014. (lcrjl3) (Entered: 07/10/2014)
2014-07-1136ORDER: It is hereby ordered that plaintiff's response to Motion for Summary Judgment due no later than 8/8/2014. Failure to response by that date, the Court may treat the DEA's motion as conceded. Signed by Judge Richard J. Leon on 07/10/14. SEE ORDER FOR FULL DETAILS. (tb, ) (Entered: 07/11/2014)
2014-08-1137MOTION for Extension of Time to File Response as to 35 Supplemental MOTION for Summary Judgment by BRIAN EUGENE SMITH (jf, ) (Entered: 08/12/2014)
2014-08-13MINUTE ORDER denying, as moot, 33 Motion for Brief Extension of Time for the Filing of Defendant DEA's Supplemental Summary Judgment Motion. It is hereby ORDERED that defendant's motion is DENIED as moot. Signed by Judge Richard J. Leon on 8/13/2014.(lcrjl3) (Entered: 08/13/2014)
2014-08-15MINUTE ORDER granting, nunc pro tunc, 37 Plaintiff's Motion for Brief Extension of Time to Respond to Defendant's Summary Judgment Motion. It is hereby ORDERED that plaintiff's motion is GRANTED; it is further ORDERED that plaintiff shall have up to and including 8/22/2014 to respond to defendant's supplemental motion for summary judgment. Signed by Judge Richard J. Leon on 8/15/2014. (lcrjl3) (Entered: 08/15/2014)
2014-08-15Set/Reset Deadlines: Plaintiff shall Respond to Defendant's Supplemental Motion for Summary Judgment by 8/22/2014. (jth) (Entered: 08/15/2014)
2014-08-2838MOTION for Extension of Time to File Response/Reply as to 35 Supplemental MOTION for Summary Judgment by BRIAN EUGENE SMITH (rdj) (Entered: 08/29/2014)
2014-09-02MINUTE ORDER granting, nunc pro tunc, 38 Plaintiff's Motion for a Brief, Further Extension of Time to Respond to Defendant's Summary Judgment Motion. It is hereby ORDERED that plaintiff's motion is GRANTED; it is further ORDERED that plaintiff shall have up to and including 9/8/2014 to respond to defendant's summary judgment motion. Signed by Judge Richard J. Leon on 9/2/2014. (lcrjl3) (Entered: 09/02/2014)
2014-09-03Set/Reset Deadlines: Response to Motion for Summary Judgment due by 9/8/2014. (tb, ) (Entered: 09/03/2014)
2014-09-1539MOTION for Extension of Time to File Response as to 35 Supplemental MOTION for Summary Judgment by BRIAN EUGENE SMITH (jf, ) (Entered: 09/16/2014)
2014-09-22MINUTE ORDER granting nunc pro tunc 39 Motion for a Final Extension of Time to Respond to Defendant's Summary Judgment Motion. It is hereby ORDERED that plaintiff's motion is GRANTED; it is further ORDERED that plaintiff shall have up to and including 9/29/2014 to respond to defendant DEA's supplemental motion for summary judgment. Signed by Judge Richard J. Leon on 9/22/2014. (lcrjl3) (Entered: 09/22/2014)
2014-09-23Set/Reset Deadlines: Response to Supplemental Motion for Summary Judgment due by 9/29/2014. (tb, ) (Entered: 09/23/2014)
2014-09-2540MEMORANDUM OPINION. Signed by Judge Richard J. Leon on 09/24/2014. (jth) (Entered: 09/25/2014)
2014-09-2541ORDER Granting 24 Defendants' Motion for Partial Summary Judgment. Signed by Judge Richard J. Leon on 09/24/2014. (jth) (Entered: 09/25/2014)
2014-10-0642MOTION to Clarify, MOTION for Extension of Time to File Response/Reply as to 35 Supplemental MOTION for Summary Judgment by BRIAN EUGENE SMITH (jf, ) (Entered: 10/07/2014)
2014-10-11MINUTE ORDER. Defendant has filed two dispositive motions: a Motion for Partial Summary Judgment [ECF No. 24] and a Supplemental Motion for Summary Judgment [ECF No. 35]. Plaintiff filed his opposition [ECF No. 29] to the Motion for Partial Summary Judgment on May 2, 2014, and defendant filed its reply [ECF No. 30] on May 12, 2014. As of May 12, 2014, defendant's Motion for Partial Summary Judgment was ripe, and on September 25, 2014, the Court granted the motion. The Supplemental Motion for Summary Judgment remains pending. It is hereby ordered that plaintiff's Motion for Clarification and an Extension of Time to Respond to Defendant's Summary Judgment Motion 42 is granted, and it is further ordered that plaintiff shall file his opposition or other response to the Supplemental Motion for Summary Judgment by October 29, 2014. Signed by Judge Richard J. Leon on 10/11/2014. (lcrjl3) (Entered: 10/11/2014)
2014-10-13Set/Reset Deadlines: Plaintiff's Opposition or other Response to the Supplemental Motion for Summary Judgment 35 is due by 10/29/2014. (jth) (Entered: 10/13/2014)
2014-11-1743MOTION for Extension of Time to submit for a cross motion and request of status of plaintiff's motion for extension of time by BRIAN EUGENE SMITH (jf, ) Modified on 11/20/2014 (jf, ). (Entered: 11/19/2014)
2014-11-20MINUTE ORDER granting nunc pro tunc 43 Motion for Extension of Time. Although the Court had granted plaintiff's motion for an extension of time to October 29, 2014, to file his opposition or other response to defendant's supplemental motion for summary judgment and the Clerk of the Court mailed a copy of the order to plaintiff at his current address of record, plaintiff represents that he has not received notice of the Court's ruling on his motion. It is hereby ORDERED that plaintiff's motion 43 is granted, and his opposition and/or cross motion is due by December 1, 2014. Signed by Judge Richard J. Leon on 11/20/2014. (lcrjl3) (Entered: 11/20/2014)
2014-11-26Set/Reset Deadlines: Cross Motions due by 12/1/2014. Response due by 12/1/2014. (tb, ) (Entered: 11/26/2014)
2014-12-0544Memorandum in opposition to re 35 Supplemental MOTION for Summary Judgment , 42 MOTION to Clarify MOTION for Extension of Time to File Response/Reply as to 35 Supplemental MOTION for Summary Judgment filed by BRIAN EUGENE SMITH. (td, ) (Entered: 12/09/2014)
2014-12-1545MOTION for Extension of Time to File Response/Reply as to 35 Supplemental MOTION for Summary Judgment by DRUG ENFORCEMENT ADMINISTRATION, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Haynes, Fred) (Entered: 12/15/2014)
2014-12-18MINUTE ORDER granting nunc pro tunc 45 Motion for Brief Extension of Time to File Defendants' Reply to Plaintiff's Opposition to Defendants' Motion for Summary Judgment. It is hereby ORDERED that defendants' motion is GRANTED; it is further ORDERED that the reply memorandum in support of defendants' summary judgment motion shall be filed on or before 12/19/2014. Signed by Judge Richard J. Leon on 12/18/2014. (lcrjl3) (Entered: 12/18/2014)
2014-12-1946MOTION for Extension of Time to File Response/Reply as to 35 Supplemental MOTION for Summary Judgment by DRUG ENFORCEMENT ADMINISTRATION (rdj) (Entered: 12/22/2014)
2014-12-22Set/Reset Deadlines: Reply due by 12/19/2014. (tb, ) (Entered: 12/22/2014)
2014-12-22MINUTE ORDER granting nunc pro tunc 46 Motion for One Business-Day Further Extension of Time to File Defendant DEA's Reply to Plaintiff's Opposition to DEA's Motion for Partial Summary Judgment. It is hereby ORDERED that defendant's motion is GRANTED; it is further ORDERED that defendant DEA shall have up to and including 12/22/2014 to file the reply memorandum. Signed by Judge Richard J. Leon on 12/22/2014. (lcrjl3) (Entered: 12/22/2014)
2014-12-2247REPLY to opposition to motion re 35 Supplemental MOTION for Summary Judgment as to the Drug Enforcement Administration filed by DRUG ENFORCEMENT ADMINISTRATION. (Haynes, Fred) (Entered: 12/22/2014)
2015-01-2348Mail Returned as undeliverable. Remailed with Institution's formatted address on 01/23/15. (tb, ) (Entered: 01/23/2015)
2015-02-0349Cross MOTION for Summary Judgment by BRIAN EUGENE SMITH (jf, ) (Entered: 02/04/2015)
2015-02-1850Memorandum in opposition to re 49 Cross MOTION for Summary Judgment filed by DRUG ENFORCEMENT ADMINISTRATION, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY. (Haynes, Fred) (Entered: 02/18/2015)
2015-02-2451LEAVE TO FILE DENIED- Surreply to Motion for Partial Summary Judgment. This document is unavailable as the Court denied its filing.. "Denied" Signed by Judge Richard J. Leon on 02/21/2015. (jf, ) (Entered: 02/24/2015)
2015-03-1852MEMORANDUM AND OPINION. Signed by Judge Richard J. Leon on 03/17/15. (tb, ) (Entered: 03/18/2015)
2015-03-1853ORDER: For reasons stated in the accompanying Memorandum Opinion; it is hereby ordered that the DRUG ENFORC ADMIN 35 Supplemental Motion for Summary Judgment is GRANTED; it is further ordered that plaintiff's counter 49 Motion for Summary Judgment is DENIED; and it is further ordered that judgment shall be entered for the defendants. This is a final appealable order. Signed by Judge Richard J. Leon on 03/17/15. (tb, ) (Entered: 03/18/2015)
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