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Case TitleLitman v. US Department of Homeland Security et al
DistrictNorthern District of Texas
CityDallas
Case Number3:2015cv00760
Date Filed2015-03-06
Date Closed2016-09-16
JudgeJudge Sam R Cummings
PlaintiffMalia Litman
Case DescriptionMalia Litman, a retired attorney and current blogger on political issues, submitted seven FOIA requests to the Department of Homeland Security for records concerning various allegations and claims pertaining to the Secret Service. Although she appealed the agency's actions on some of her requests, by the time she filed suit the agency had not disclosed any records.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUS Department of Homeland Security
DefendantUS Department of Homeland Security
TERMINATED: 06/15/2016
DefendantUnited States Secret Service
DefendantUnited States Secret Service
TERMINATED: 06/15/2016
DefendantOffice of Inspector General
AppealFifth Circuit 16-11279
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-03-061COMPLAINT against All Defendants filed by Malia Litman. (Filing fee $400; Receipt number 0539-6644387) Clerk to issue summonses for federal and non-federal defendants. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Cover Sheet , # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8) (Simon, Stacy) (Attachment 1 replaced on 9/12/2016 to flatten pdf) (axm). (Entered: 03/06/2015)
2015-03-062CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Malia Litman. (Simon, Stacy) (Main Document 2 replaced on 9/12/2016 to flatten pdf) (axm). (Entered: 03/06/2015)
2015-03-063New Case Notes: A filing fee has been paid. File to Judge Cummings. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Stickney). Clerk to provide copy to plaintiff if not received electronically. (skt) (Entered: 03/06/2015)
2015-03-064Summons issued as to Office of Inspector General, US Department of Homeland Security, United States Secret Service, U.S. Attorney, and U.S. Attorney General. (skt) (Entered: 03/06/2015)
2015-03-245NOTICE of Attorney Appearance by Lisa Robin Hasday-DOJ on behalf of Office of Inspector General, US Department of Homeland Security, United States Secret Service. (Filer confirms contact info in ECF is current.) (Hasday-DOJ, Lisa) (Entered: 03/24/2015)
2015-03-316AFFIDAVIT of Service for Summons and complaint served on Office of Inspector General on 03/17/15. (Simon, Stacy) (Entered: 03/31/2015)
2015-03-317AFFIDAVIT of Service for Summons and Complaint served on US Department of Homeland Security on 03/17/15. (Simon, Stacy) (Entered: 03/31/2015)
2015-03-318AFFIDAVIT of Service for Summons and Complaint served on United States Secret Service on 03/19/15. (Simon, Stacy) (Entered: 03/31/2015)
2015-03-319AFFIDAVIT of Service for Summons and Complaint served on Office of Inspector General through the Attorney General of the United States on 03/17/15. (Simon, Stacy) (Entered: 03/31/2015)
2015-03-3110AFFIDAVIT of Service for Summons and Complaint served on US Department of Homeland Security through the Attorney General of the United States on 03/17/15. (Simon, Stacy) (Entered: 03/31/2015)
2015-03-3111AFFIDAVIT of Service for Summons and Complaint served on United States Secret Service through the Attorney General of the United States on 03/17/15. (Simon, Stacy) (Entered: 03/31/2015)
2015-03-3112AFFIDAVIT of Service for Summons and Complaint served on Office of Inspector General through the US Atty for the ND of Texas on 03/09/15. (Simon, Stacy) (Entered: 03/31/2015)
2015-03-3113AFFIDAVIT of Service for Summons & Complaint served on US Department of Homeland Security through the US Atty for the ND of Texas on 03/09/15. (Simon, Stacy) (Entered: 03/31/2015)
2015-03-3114AFFIDAVIT of Service for Summons and Complaint served on United States Secret Service through the US Atty for the ND of Texas on 03/09/15. (Simon, Stacy) (Entered: 03/31/2015)
2015-04-0115MOTION for Leave to Amend Summons filed by Malia Litman with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) A - Civil Cover Sheet, # 2 Exhibit(s) B - Summons issued to each Defendant, # 3 Exhibit(s) C - Service of Summons, # 4 Exhibit(s) D - Defendants' Notice of Attorney Appearance, # 5 Proposed Order) (Simon, Stacy) (Entered: 04/01/2015)
2015-04-0216ORDER GRANTING PLAINTIFF'S 15 UNOPPOSED MOTION FOR LEAVE TO AMEND SUMMONS. (Ordered by Judge Sam R Cummings on 4/2/2015) (twd) (Entered: 04/02/2015)
2015-04-0217Summons Reissued as to Office of Inspector General, US Department of Homeland Security, United States Secret Service. (twd) (Entered: 04/02/2015)
2015-04-0818ANSWER to 1 Complaint,,,,, filed by Office of Inspector General, US Department of Homeland Security, United States Secret Service. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Hasday-DOJ, Lisa) (Entered: 04/08/2015)
2015-04-0819CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Office of Inspector General, US Department of Homeland Security, United States Secret Service. (Hasday-DOJ, Lisa) (Entered: 04/08/2015)
2015-04-0920ORDER: Amended Pleadings due by 8/14/2015. Joinder of Parties due by 8/14/2015. Motions due by 4/15/2016. The above case is set for trial at 09:00 AM 10/3/2016 in Dallas, Texas before Judge Sam R Cummings. (Ordered by Judge Sam R Cummings on 4/9/2015) (tln) (Entered: 04/09/2015)
2015-04-09Hearing/Deadline Modification: Deadlines/hearings set per doc. 20 . Deadline for mediation is on or before 8/15/2016. Discovery due by 9/12/2016. (tln) (Entered: 04/10/2015)
2015-08-1221Unopposed MOTION for Leave to File Plaintiffs' First Amended Complaint filed by Malia Litman with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) A - Plaintiff's First Amended Complaint, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Exhibit(s) F, # 7 Exhibit(s) G, # 8 Exhibit(s) H, # 9 Exhibit(s) I, # 10 Exhibit(s) J, # 11 Exhibit(s) K, # 12 Exhibit(s) L, # 13 Proposed Order) (Simon, Stacy) (Entered: 08/12/2015)
2015-08-1322ORDER GRANTING 21 PLAINTIFF'S UNOPPOSED MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT: It is ORDERED that Plaintiff's Unopposed Motion for Leave to File Plaintiff's First Amended Complaint is GRANTED. The Clerk of Court is directed to file today Plaintiff's First Amended Complaint in the form attached to the Motion at Exhibit "A." (Ordered by Judge Sam R Cummings on 8/13/2015) (bdb) (Entered: 08/13/2015)
2015-08-1323FIRST AMENDED COMPLAINT against Office of Inspector General, US Department of Homeland Security, United States Secret Service filed by Malia Litman. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (bdb) (Entered: 08/13/2015)
2015-08-2724ANSWER to 23 Amended Complaint,, filed by Office of Inspector General, US Department of Homeland Security, United States Secret Service. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Hasday-DOJ, Lisa) (Entered: 08/27/2015)
2016-01-1525MOTION for Summary Judgment filed by Malia Litman (Simon, Stacy) (Entered: 01/15/2016)
2016-01-1526Brief/Memorandum in Support filed by Malia Litman re 25 MOTION for Summary Judgment (Simon, Stacy) (Entered: 01/15/2016)
2016-01-1527Appendix in Support filed by Malia Litman re 25 MOTION for Summary Judgment , 26 Brief/Memorandum in Support of Motion (Attachments: # 1 Declaration(s) Malia Litman, # 2 Exhibit(s) A-1 to A-44 part 1, # 3 Exhibit(s) A-1 to A-44 part 2, # 4 Exhibit(s) A-1 to A-44 part 3, # 5 Exhibit(s) A-1 to A-44 part 4, # 6 Exhibit(s) A-1 to A-44 part 5, # 7 Exhibit(s) A-1 to A-44 part 6, # 8 Declaration(s) Stacy D Simon, # 9 Exhibit(s) B-1 to B-46 part 1, # 10 Exhibit(s) B-1 to B-46 part 2, # 11 Exhibit(s) B-1 to B-46 part 3, # 12 Exhibit(s) B-1 to B-46 part 4, # 13 Exhibit(s) B-1 to B-46 part 5, # 14 Exhibit(s) B-1 to B-46 part 6) (Simon, Stacy) (Entered: 01/15/2016)
2016-01-1928ORDER: Plaintiff shall provide the Court with a courtesy copy of Plaintiff's 27 Appendix in Support of Motion for Summary Judgment and all attachments on or before 3:00 p.m. on 1/26/2016. (Ordered by Judge Sam R Cummings on 1/19/2016) (twd) (Entered: 01/19/2016)
2016-01-2929MOTION for Extension of Time to File Response/Reply to 25 MOTION for Summary Judgment filed by Office of Inspector General, US Department of Homeland Security, United States Secret Service with Brief/Memorandum in Support. (Hasday-DOJ, Lisa) (Entered: 01/29/2016)
2016-02-0130ORDER: The time for responding to Defendants' 29 Motion for an Extension of Time to File Response is shortened to on or before 2/3/2016, at 9:00 a.m. No reply will be considered. (Ordered by Judge Sam R Cummings on 2/1/2016) (sss) (Entered: 02/01/2016)
2016-02-0131RESPONSE filed by Malia Litman re: 29 MOTION for Extension of Time to File Response/Reply to 25 MOTION for Summary Judgment (Simon, Stacy) (Entered: 02/01/2016)
2016-02-0332ORDER: On this day the Court considered Defendants' Motion for an Extension of Time to File Response, filed 1/29/2016, and Plaintiff's Response to Defendants' Motion, filed 2/1/2016. Having reviewed the foregoing, the Court is of the opinion that Defendants' motion should be DENIED. The response to Plaintiff's Motion for Summary Judgment is due no later than 2/5/2016. (Ordered by Judge Sam R Cummings on 2/3/2016) (sss) (Entered: 02/03/2016)
2016-02-0533RESPONSE filed by Office of Inspector General, US Department of Homeland Security, United States Secret Service re: 25 MOTION for Summary Judgment (Hasday-DOJ, Lisa) (Entered: 02/05/2016)
2016-02-0534Brief/Memorandum in Support filed by Office of Inspector General, US Department of Homeland Security, United States Secret Service re 33 Response/Objection (Hasday-DOJ, Lisa) (Entered: 02/05/2016)
2016-02-0535Appendix in Support filed by Office of Inspector General, US Department of Homeland Security, United States Secret Service re 34 Brief/Memorandum in Support of Motion (Attachments: # 1 Additional Page(s), # 2 Additional Page(s), # 3 Additional Page(s), # 4 Additional Page(s), # 5 Additional Page(s), # 6 Additional Page(s), # 7 Additional Page(s)) (Hasday-DOJ, Lisa) (Entered: 02/05/2016)
2016-02-0836ORDER: Defendants shall provide the Court with a courtesy copy of the Appendix to Defendants' Brief in Response to Plaintiffs Motion for Summary Judgment and all attachments I on or before 3:00 p.m. on February 12, 2016. The courtesy copies should be delivered to the Court at the following address: 1205 Texas Avenue, Room C-210, Lubbock, Texas 79401. (Ordered by Judge Sam R Cummings on 2/8/2016) (ndt) (Entered: 02/08/2016)
2016-02-1237Unopposed MOTION for Leave to File Reply in Support of MSJ filed by Malia Litman (Attachments: # 1 Exhibit(s) Reply in Support of MSJ) (Simon, Stacy) (Entered: 02/12/2016)
2016-02-1638ORDER granting 37 Motion for Leave to File Reply. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Sam R Cummings on 2/16/2016) (mem) (Entered: 02/16/2016)
2016-02-1639REPLY in Support filed by Malia Litman re: 25 MOTION for Summary Judgment (mem) (Entered: 02/16/2016)
2016-02-2640ORDER granting in part and denying in part 25 Motion for Summary Judgment. Specifically, the Court grants partial summary judgment in favor of Plaintiff on the issue of the adequacy of Defendants' responses to the FOIA requests. All other relief requested is DENIED without prejudice to its being re-urged if the Defendants fail to comply with the Court's order. (Ordered by Judge Sam R Cummings on 2/26/2016) (mem) (Entered: 02/26/2016)
2016-04-0441MOTION for Extension of Time to File Motions for Summary Judgment filed by US Department of Homeland Security, United States Secret Service with Brief/Memorandum in Support. (Hasday-DOJ, Lisa) (Entered: 04/04/2016)
2016-04-0442RESPONSE filed by Malia Litman re: 41 MOTION for Extension of Time to File Motions for Summary Judgment (Simon, Stacy) (Entered: 04/04/2016)
2016-04-0843ORDER granting 41 Defendants' Motion for an Extension of Time to File Their Motion for Summary Judgment. The Court extends the deadline for all Defendants to file motions for summary judgment to 3:00 p.m. on 4/26/2016. No further extensions will be granted. (Ordered by Senior Judge Sam R Cummings on 4/8/2016) (ash) (Entered: 04/08/2016)
2016-04-2044MOTION to Extend Time to Produce Documents, Provide a Vaughn Index, and File Its Summary Judgment Motion filed by Office of Inspector General with Brief/Memorandum in Support. (Attachments: # 1 Declaration(s) Declaration of Jacqueline Ferrand) (Hasday-DOJ, Lisa) (Entered: 04/20/2016)
2016-04-2245AMENDED Exhibit/Declaration to 44 MOTION to Extend Time to Produce Documents, Provide a Vaughn Index, and File Its Summary Judgment Motion, filed by Office of Inspector General. (Hasday-DOJ, Lisa) Modified text on 4/25/2016 (dsr). (Entered: 04/22/2016)
2016-04-2546ORDER denying 44 MOTION to Extend Time to Produce Documents, Provide a Vaughn Index, and File Its Summary Judgment Motion. (Ordered by Senior Judge Sam R Cummings on 4/25/2016) (ykp) (Entered: 04/25/2016)
2016-04-2647MOTION for Summary Judgment filed by US Department of Homeland Security (Hasday-DOJ, Lisa) (Entered: 04/26/2016)
2016-04-2648Brief/Memorandum in Support filed by US Department of Homeland Security re 47 MOTION for Summary Judgment (Hasday-DOJ, Lisa) (Entered: 04/26/2016)
2016-04-2649Appendix in Support filed by US Department of Homeland Security re 48 Brief/Memorandum in Support of Motion (Attachments: # 1 Additional Page(s), # 2 Additional Page(s), # 3 Additional Page(s)) (Hasday-DOJ, Lisa) (Entered: 04/26/2016)
2016-04-2650MOTION for Summary Judgment filed by United States Secret Service (Hasday-DOJ, Lisa) (Entered: 04/26/2016)
2016-04-2651Brief/Memorandum in Support filed by United States Secret Service re 50 MOTION for Summary Judgment (Hasday-DOJ, Lisa) (Entered: 04/26/2016)
2016-04-2652Appendix in Support filed by United States Secret Service re 51 Brief/Memorandum in Support of Motion (Attachments: # 1 Additional Page(s), # 2 Additional Page(s), # 3 Additional Page(s)) (Hasday-DOJ, Lisa) (Entered: 04/26/2016)
2016-04-2753MOTION for Reconsideration re 46 Order on Motion to Extend Time filed by Office of Inspector General with Brief/Memorandum in Support. (Hasday-DOJ, Lisa) (Entered: 04/27/2016)
2016-04-2954RESPONSE filed by Malia Litman re: 53 MOTION for Reconsideration re 46 Order on Motion to Extend Time (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4) (Simon, Stacy) (Entered: 04/29/2016)
2016-04-2955ORDER: Defendant U.S. Secret Service shall provide the Court with a courtesy copy of its Appendix to Defendant U.S. Secret Service's Brief in Support of its Motion for Summary Judgment and all attachments on or before 3:00 p.m. on 5/9/2016. The courtesy copies should be delivered to the Court at the following address: 1205 Texas Avenue, Room C-210, Lubbock, Texas 79401. (Ordered by Senior Judge Sam R Cummings on 4/29/2016) (ykp) (Entered: 04/29/2016)
2016-05-0256MOTION Plaintiff's Expedited Motion to Clarify the Court's Order Regarding Briefing of Attorney's Fees and Costs or, in the Alternative, Motion to Extend Time to File Briefing and Evidence Regarding Attorney's Fees and Costs re 40 Order on Motion for Summary Judgment, filed by Malia Litman with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Simon, Stacy) (Entered: 05/02/2016)
2016-05-0357ORDER denying 53 Motion for Reconsideration. (Ordered by Senior Judge Sam R Cummings on 5/3/2016) (ndt) (Entered: 05/03/2016)
2016-05-0358ORDER: On this day the Court considered Plaintiffs Expedited Motion to Clarify the Court's Order Dated 2/26/2016 Regarding Briefing of Attorney's Fees and Costs, filed 5/2/2016. Having reviewed the foregoing, the Court is of the opinion that Plaintiffs opposition to Defendants' motions for summary judgment creates an ongoing dispute over whether Defendants have fully complied with their FOIA obligations and makes any briefing of attorney's fees premature at this time. Accordingly, it is ORDERED that Plaintiff may submit briefing on the issue of attorney's fees and costs in accordance with the Court's local rules no later than seven (7) days from the date that the Court issues a final ruling on Defendants' motions for summary judgment. (Ordered by Senior Judge Sam R Cummings on 5/3/2016) (ndt) (Entered: 05/03/2016)
2016-05-1159MOTION for Extension of Time to File Response/Reply to 51 Brief/Memorandum in Support of Motion, 50 MOTION for Summary Judgment filed by Malia Litman (Attachments: # 1 Proposed Order) (Simon, Stacy) (Entered: 05/11/2016)
2016-05-1260ORDER ON PLAINTIFF'S 59 MOTION FOR AN EXTENSION OF TIME TO FILE RESPONSE TO DEFENDANT UNITED STATES SECRET SERVICE'S MOTION FOR SUMMARY JUDGMENT: Plaintiff Malia Litman shall file her response to the United States Secret Service's Motion for Summary Judgment on or before 5/31/2016. (Ordered by Senior Judge Sam R Cummings on 5/12/2016) (sss) (Entered: 05/12/2016)
2016-05-1761RESPONSE filed by Malia Litman re: 47 MOTION for Summary Judgment (Simon, Stacy) (Entered: 05/17/2016)
2016-05-1762Brief/Memorandum in Support filed by Malia Litman re 61 Response/Objection Plaintiff's Brief in Support of Response to Defendant U.S. Department of Homeland Security Office of The General Counsel's Motion for Summary Judgment (Simon, Stacy) (Entered: 05/17/2016)
2016-05-3163REPLY filed by US Department of Homeland Security re: 47 MOTION for Summary Judgment (Hasday-DOJ, Lisa) (Entered: 05/31/2016)
2016-05-3164RESPONSE filed by Malia Litman re: 50 MOTION for Summary Judgment (Simon, Stacy) (Entered: 05/31/2016)
2016-05-3165Brief/Memorandum in Support filed by Malia Litman re 64 Response/Objection to Defendant's MSJ (Simon, Stacy) (Entered: 05/31/2016)
2016-05-3166Appendix in Support filed by Malia Litman re 64 Response/Objection to Defendant's MSJ (Attachments: # 1 Exhibit(s) Exhibit A, # 2 Exhibit(s) Exhibit B, # 3 Exhibit(s) Exhibit C-1, # 4 Exhibit(s) Exhibit C-2, # 5 Exhibit(s) Exhibit C-3, # 6 Exhibit(s) Exhibit C-4, # 7 Exhibit(s) Exhibit C-5, # 8 Exhibit(s) Exhibit C-6, # 9 Exhibit(s) Exhibit C-7, # 10 Exhibit(s) Exhibit D-1, # 11 Exhibit(s) Exhibit D-2, # 12 Exhibit(s) Exhibit E, # 13 Exhibit(s) Exhibit F) (Simon, Stacy) (Entered: 05/31/2016)
2016-06-0167ORDER: Plaintiff shall provide the Court with a courtesy copy of her Appendix in Support of Response to Defendant U.S. Secret Service's Motion for Summary Judgment and all attachments on or before 3:00 p.m. on June 8, 2016. The courtesy copies should be delivered to the Court at the following address: 1205 Texas Avenue, Room C-210, Lubbock, Texas 79401. (Ordered by Senior Judge Sam R Cummings on 6/1/2016) (aaa) (Entered: 06/01/2016)
2016-06-0268NOTICE of Plaintiff's Statement Regarding the Filing of a Reply Brief by Defendant U.S. Department of Homeland Security in Support of Its Motion for Summary Judgment re: 63 Reply filed by Malia Litman (Simon, Stacy) (Entered: 06/02/2016)
2016-06-0269Unopposed MOTION for Leave to File a Reply Brief in Support of Defendant's Motion for Summary Judgment filed by US Department of Homeland Security with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) Reply Brief) (Hasday-DOJ, Lisa) (Entered: 06/02/2016)
2016-06-1470MOTION for Leave to File Reply Brief in Support of the Secret Service's Motion for Summary Judgment filed by United States Secret Service with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) Defendant Secret Service's Reply Brief in Support of Its Motion for Summary Judgment) (Hasday-DOJ, Lisa) (Entered: 06/14/2016)
2016-06-1571Order granting 47 MOTION for Summary Judgment; 50 MOTION for Summary Judgment; 69 Unopposed MOTION for Leave to File a Reply Brief in Support of Defendant's Motion for Summary Judgment. As these Defendants have satisfied their FOIA obligations and are now entitled to summary judgment, all claims against Defendant U.S. Department of Homeland Security Office of the General Counsel and Defendant U.S. Secret Service should be DISMISSED with prejudice. Plaintiff's claims against Defendant U.S. Department of Homeland Security Office of Inspector General are unaffected by this order. (Ordered by Senior Judge Sam R Cummings on 6/15/2016) (ykp) (Entered: 06/15/2016)
2016-06-1572JUDGMENT PURSUANT TO RULE 54(b): It is ORDERED, ADJUDGED, AND DECREED that the claims of Plaintiff, Malia Litman, against Defendants United States Department of Homeland Security Office of the General Counsel and United States Secret Service are DISMISSED with prejudice. This judgment shall be a final judgment as to all claims alleged against such Defendants, pursuant to Federal Rule of Civil Procedure 54(b ). (Ordered by Senior Judge Sam R Cummings on 6/15/2016) (ykp) (Entered: 06/15/2016)
2016-06-1773ORDER: Defendant U.S. Secret Service's 70 Motion for Leave to File a Reply Brief in Support of Its Motion for Summary Judgment is DENIED. (Ordered by Senior Judge Sam R Cummings on 6/17/2016) (trk) (Entered: 06/17/2016)
2016-06-2274MOTION for Attorney Fees and Costs Pursuant to the Freedom of Information Act filed by Malia Litman (Simon, Stacy) (Entered: 06/22/2016)
2016-06-2275Brief/Memorandum in Support filed by Malia Litman re 74 MOTION for Attorney Fees and Costs Pursuant to the Freedom of Information Act (Simon, Stacy) (Entered: 06/22/2016)
2016-06-2276Appendix in Support filed by Malia Litman re 74 MOTION for Attorney Fees and Costs Pursuant to the Freedom of Information Act (Attachments: # 1 Exhibit(s) A - Declaration of Stacy Simon, # 2 Exhibit(s) B - Declaration of Shawn Long, # 3 Exhibit(s) C - Declaration of Malia Litman) (Simon, Stacy) (Entered: 06/22/2016)
2016-06-2477MOTION to Amend/Correct 71 Order of Dismissal or Administrative Closure,, 72 Judgment, filed by Malia Litman (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Proposed Order) (Simon, Stacy) (Entered: 06/24/2016)
2016-07-0678RESPONSE filed by Office of Inspector General, US Department of Homeland Security, United States Secret Service re: 74 MOTION for Attorney Fees and Costs Pursuant to the Freedom of Information Act (Hasday-DOJ, Lisa) (Entered: 07/06/2016)
2016-07-0679Appendix in Support filed by Office of Inspector General, US Department of Homeland Security, United States Secret Service re 78 Response/Objection (Hasday-DOJ, Lisa) (Entered: 07/06/2016)
2016-07-0880RESPONSE filed by US Department of Homeland Security, United States Secret Service re: 77 MOTION to Amend/Correct 71 Order of Dismissal or Administrative Closure,, 72 Judgment, (Hasday-DOJ, Lisa) (Entered: 07/08/2016)
2016-07-1381Unopposed MOTION for Leave to File Reply In Support of Motion for Attorney Fees and Costs filed by Malia Litman (Simon, Stacy) (Entered: 07/13/2016)
2016-07-1582ORDER denying 74 Motion for Attorney Fees; denying 77 Rule 59(e) Motion to Alter or Amend Judgment ; granting 81 Motion for Leave to File Reply. (Ordered by Senior Judge Sam R Cummings on 7/15/2016) (mem) (Entered: 07/15/2016)
2016-07-1583REPLY filed by Malia Litman re: 74 MOTION for Attorney Fees and Costs Pursuant to the Freedom of Information Act (mem) (Entered: 07/15/2016)
2016-07-1884MOTION for Settlement Conference with Magistrate Judge filed by Plaintiff Malia Litman and Defendant DHS-OIG filed by Office of Inspector General (Hasday-DOJ, Lisa) (Entered: 07/18/2016)
2016-07-1885Unopposed MOTION to Withdraw as Attorney , Unopposed MOTION to Substitute Attorney, added attorney Stacy Deanne Siegel Simon,Malia A Litman for Malia Litman. Motion() filed by Malia Litman (Simon, Stacy) (Entered: 07/18/2016)
2016-07-2586ORDER GRANTING PLAINTIFF'S 85 UNOPPOSED MOTION TO WITHDRAW AND SUBSTITUTE: Stacy Simon, Shawn Long, and Sayles Werbner P.C., 1201 Elm Street, Suite 4400, Dallas, Texas 75270, be permitted to withdraw as counsel of record for Plaintiff, and Malia Litman, 10710 Strait Lane, Dallas, Texas 75229, Telephone (214) 750-9006 and Facsimile (214) 750-7362, is hereby substituted as pro se counsel of record in this case. (Ordered by Senior Judge Sam R Cummings on 7/25/2016) (sss) (Entered: 07/25/2016)
2016-07-2587ORDER ON 84 JOINT MOTION FOR SETTLEMENT CONFERENCE: Magistrate Judge Paul D. Stickney shall conduct a settlement conference with plaintiff Malia Litman and defendant Department of Homeland Security Office of Inspector General. (Ordered by Senior Judge Sam R Cummings on 7/25/2016) (sss) (Entered: 07/25/2016)
2016-07-25***Clerk's Notice of delivery: (see NEF for details) Docket No:86,87. Mon Jul 25 11:19:29 CDT 2016 (crt) (Entered: 07/25/2016)
2016-07-2988ORDER: The above-entitled cause has been referred to United States Magistrate Judge Paul D. Stickney for a settlement conference. The Court hereby sets the settlement conference for THURSDAY, AUGUST 18, 2016, at 9:00 A.M., convening in Courtroom 1620, 1100 Commerce St., Dallas, Texas. Parties with full settlement authority and their counsel shall be present at the conference. (Ordered by Magistrate Judge Paul D Stickney on 7/29/2016) (mcrd) (Entered: 07/29/2016)
2016-07-29***Clerk's Notice of delivery: (see NEF for details) Docket No:88. Fri Jul 29 15:10:38 CDT 2016 (crt) (Entered: 07/29/2016)
2016-08-0389MOTION to Extend Time to Mediate filed by Office of Inspector General with Brief/Memorandum in Support. (Hasday-DOJ, Lisa) (Entered: 08/03/2016)
2016-08-0490ORDER ON MOTION FOR EXTENSION ON DEADLINE TO MEDIATE: IT IS ORDERED THAT the 89 motion for an extension on the deadline to mediate is GRANTED and that the deadline for the parties to mediate is extended to 8/31/2016. (Ordered by Senior Judge Sam R Cummings on 8/4/2016) (twd) (Entered: 08/04/2016)
2016-08-04***Clerk's Notice of delivery: (see NEF for details) Docket No:90. Thu Aug 4 08:57:50 CDT 2016 (crt) (Entered: 08/04/2016)
2016-08-0591ORDER: The above-entitled cause has been referred to United States Magistrate Judge Paul D. Stickney for a settlement conference. Pursuant to the parties request, the Court hereby re-sets the settlement conference presently set for August 18, 2016 to TUESDAY, AUGUST 23, 2016, at 10:00 A.M., convening in Courtroom 1620, 1100 Commerce St., Dallas, Texas. Parties with full settlement authority and their counsel shall be present at the conference. (see order) (Ordered by Magistrate Judge Paul D Stickney on 8/5/2016) (mcrd) (Entered: 08/05/2016)
2016-08-05***Clerk's Notice of delivery: (see NEF for details) Docket No:91. Fri Aug 5 10:38:10 CDT 2016 (crt) (Entered: 08/05/2016)
2016-08-1992NOTICE OF INTERLOCUTORY APPEAL to the Fifth Circuit by Malia Litman. Filing fee $505, receipt number 0539-7810084. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions here . (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Litman, Malia) (Entered: 08/19/2016)
2016-08-22***Clerk's Notice of delivery: (see NEF for details) Docket No:92. T.O. Form Mon Aug 22 08:59:41 CDT 2016 (crt) (Entered: 08/22/2016)
2016-08-2393ELECTRONIC Minute Entry for proceedings held before Magistrate Judge Paul D Stickney: Settlement Conference held on 8/23/2016. Attorney Appearances: Plaintiff - Malia Litman; Defense - Lisa R. Hasday. (Court Reporter: Not Recorded) (No exhibits) Time in Court - 7:00. (mcrd) (Entered: 08/24/2016)
2016-08-26USCA Case Number 16-11279 in USCA5 for 92 Notice of Appeal filed by Malia Litman. (axm) (Entered: 08/26/2016)
2016-09-0694SETTLEMENT CONFERENCE REPORT filed by Office of Inspector General. (Hasday-DOJ, Lisa) (Entered: 09/06/2016)
2016-09-0795ORDER/SETTLEMENT REPORT: The District Court referred this case to the United States Magistrate Judge for a settlement conference. The Court held a settlement conference on Tuesday, 8/23/2016, at 10:00 a.m. The parties are continuing to work with the Court towards settlement, but as of today's date, the parties have not reached a settlement. The Court will continue to assist the parties in their settlement discussions. (Ordered by Magistrate Judge Paul D Stickney on 9/7/2016) (mcrd) (Entered: 09/08/2016)
2016-09-08***Clerk's Notice of delivery: (see NEF for details) Docket No:95. Thu Sep 8 14:59:08 CDT 2016 (crt) (Entered: 09/08/2016)
2016-09-1396ORDER: The parties have failed to file their proposed joint pretrial order and proposed findings of fact and conclusions of law within the deadline set by previous order. Joint Pretrial Order due by 9/16/2016. (Ordered by Senior Judge Sam R Cummings on 9/13/2016) (ndt) (Entered: 09/13/2016)
2016-09-13***Clerk's Notice of delivery: (see NEF for details) Docket No:96. Tue Sep 13 14:56:58 CDT 2016 (crt) (Entered: 09/13/2016)
2016-09-1697Proposed Pretrial Order by Office of Inspector General. (Hasday-DOJ, Lisa) (Entered: 09/16/2016)
2016-09-1698Proposed Findings of Fact by Office of Inspector General. (Hasday-DOJ, Lisa) (Entered: 09/16/2016)
2016-09-1699MOTION to Extend Time filed by Malia Litman (Litman, Malia) (Entered: 09/16/2016)
2016-09-16Record on Appeal for USCA5 16-11279 (related to 92 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so, since the USCA5 briefing deadline has now been set. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by contacting the appeals deputy in advance to arrange delivery. (axm) (Entered: 09/16/2016)
2016-09-16100NOTICE of Intent to Settle filed by Malia Litman (Litman, Malia) (Entered: 09/16/2016)
2016-09-16101***VACATED per 104 Order*** ORDER: The Court having considered Plaintiffs Notice of Intent to Settle and Motion for Extension of Time, which was untimely filed after the Court's 9:00 a.m. deadline, is of the opinion that the same should be DENIED. (Ordered by Senior Judge Sam R Cummings on 9/16/2016) (ndt) Modified on 9/16/2016 (ndt). (Entered: 09/16/2016)
2016-09-16102***VACATED per 104 Order*** ORDER: Defendant submitted its proposed pretrial order (which Plaintiff did not join) and its proposed findings of fact and conclusions of law as ordered. Plaintiff has filed no pretrial materials. Therefore, the Court finds that Plaintiff, Malia Litman, has failed to comply with a lawful order of this Court and has failed to prosecute her case as directed. Accordingly, all remaining claims of Plaintiff, Malia Litman, against Defendant, United States Department of Homeland Security Office of Inslttor General, are DISMISSED with prejudice. (Ordered by Senior Judge Sam R Cummings on 9/16/2016) (ndt) Modified on 9/16/2016 (ndt). (Entered: 09/16/2016)
2016-09-16103***VACATED per 104 Order*** JUDGMENT : For the reasons stated in the Court's order of even date, IT IS ORDERED, ADJUDGED, AND DECREED that the above-styled and -numbered civil action is DISMISSED with prejudice. Cost of court are taxed against Plaintiff. (Ordered by Senior Judge Sam R Cummings on 9/16/2016) (ndt) Modified on 9/16/2016 (ndt). (Entered: 09/16/2016)
2016-09-16***Clerk's Notice of delivery: (see NEF for details) Docket No:101,102,103. Fri Sep 16 15:10:34 CDT 2016 (crt) (Entered: 09/16/2016)
2016-09-16104Order: Came on for consideration the Notice of Intent to Settle, filed as Document 100 on September 16, 2016. In light of the parties' settlement, the Court VACATES the orders and judgment docketed as Documents 101 , 102 , and 103 . This case is administratively closed without prejudice to its being reopened to enter an order of dismissal or to enter other orders if the settlement is not consummated. Counsel in this case are ordered to file the papers necessary to dismiss this action on or before 21 days from the date of this order. (Ordered by Senior Judge Sam R Cummings on 9/16/2016) (ndt) (Entered: 09/16/2016)
2016-09-16***Clerk's Notice of delivery: (see NEF for details) Docket No:104. Fri Sep 16 15:49:36 CDT 2016 (crt) (Entered: 09/16/2016)
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