Case Detail

FOIA Project Annotation: Judge Emmet Sullivan has ruled that David Cole is not entitled to discovery concerning why the Federal Emergency Management Agency first told him it had archival records concerning the collapse of the World Trade Center buildings on September 11, 2001 then later told him it had located no archival records, at least until FEMA submits its own summary judgment motion which may provide a sufficient explanation. Cole requested records from FEMA in 2011. He was told that FEMA had found no records, but that the National Institute for Standards and Technology had 3,789 pages of records releasable in full or in part. Later, FEMA told Cole it had 490,000 pages in storage at the National Archives. In 2016, FEMA produced some documents and after reviewing them, Cole asked for drawings referenced in the materials but not provided. At that point, FEMA said it had not been able to locate any archival records but would search Region 2's off-site archives. Six weeks later, in what was termed its final response, FEMA told Cole that there was no Region 2 archive and that responsive records had not been sent to NARA. Cole asked Sullivan to grant limited discovery as to the existence or non-existence of the records. Sullivan indicated that he was "troubled by the government's inconsistent, even contradictory, responses to Mr. Cole's inquiries regarding his FOIA requests. For example, FEMA initially represented that it had located 490,000 pages of potentially responsive records in storage at NARA. Later, FEMA also represented that potentially responsive records may be located in regional offsite archives. But in its final response, FEMA stated that no such archive existed and that it had been unable to find any additional responsive documents. In this correspondence, FEMA nowhere provided a clear explanation as to its changing position regarding the availability of additional records." But rather than grant Cole's discovery request, Sullivan noted that "discovery is premature at this juncture" because "the government has not yet moved for summary judgment �" and therefore has not submitted documents setting forth details related to its search for documents responsive to Mr. Cole's request �" the Court does not have sufficient information to determine whether a genuine factual dispute exists or whether Mr. Cole requires additional facts essential to oppose the government's motion. Therefore, the Court cannot determine at this time whether discovery is warranted and, if it is, how it should be limited in scope." He pointed out that after the agency submitted its summary judgment motion, "if Mr. Cole believes that FEMA's declarations are insufficient to show that its search was adequate, he may oppose the government's motion for summary judgment on that ground. If the Court agrees with Mr. Cole, it may reconsider Mr. Cole's request for discovery at the summary-judgment stage."
Issues: Litigation - Discovery

FOIA Project Annotation: Judge Emmet Sullivan has issued a ruling dealing with the obligation of agencies to search for records when a request has been referred to them by another agency which then essentially abandons its obligation to assure that all responsive records have been searched and processed. The case involved a request by David Cole to the Federal Emergency Management Agency and the National Institute of Standards and Technology for records on the collapse of the World Trade Center as the result of the terrorist attack on Sept. 11, 2001, specifically, all background or raw data used for the FEMA 403 Building Performance Study (BPS). FEMA acknowledged receipt of the request and sent it to its External Affairs Office, which contained its photo library, the Federal Insurance and Mitigation Administration, and the Region II Office, the regional office that covers New York. FEMA told Cole that it found no records but discovered in the course of its search that all BPS-related records had been sent to NIST in May 2002. As a result, FEMA told Cole that his request was being transferred to NIST for processing and that NIST would respond directly to Cole. NIST determined that the only office likely to have responsive records was the Engineering Laboratory, which had received all BPS-related records from FEMA in May 2002. The Engineering Laboratory searched its records and located 70 documents comprising 3,947 pages that were potentially responsive to Cole's request. NIST sent those records to FEMA's FOIA office for review. A subject matter expert reviewed the records and concluded that 3,789 pages were releasable in full or in part. However, NIST determined that it was not able to identify what records had been used by FEMA in its BPS study and decided not to disclose any records to Cole other than images and videos it determined were in the public domain. However, FEMA continued to insist that NIST would respond to Cole directly. FEMA also told Cole that it had determined that there were more than 490,000 pages of "supplemental" WTC-related records at the National Archives. On March 22, 2013, FEMA asked NIST to return all remaining May 2002 records for further review. NIST then told Cole that it had sent the records back to FEMA because it was unable to determine the releasability of the records, and that FEMA would now respond directly to Cole's request. Cole complained that there were references to documents that seemed responsive but were not disclosed. There was confusion about a statement that FEMA's counsel had made that there existed a local archive in New York that could be searched and might contain responsive records that had not yet been found. However, FEMA explained its comments were mistaken and that there was no local archive. Sullivan's decision was based on the recommendations of Magistrate Judge Michael Harvey. Sullivan noted that Harvey had found that "Defendants have not shown that their searches were adequate due to their failure to provide this Court with sufficient details about their methodologies." Harvey also faulted the "Defendants' conduct â€" engaging in lengthy delays and inconsistent representations and failing to adequately explain them despite this Court's clear expressions of concern." Sullivan found that there was no clear error in Harvey's conclusions that FEMA and NIST had not shown that they conducted adequate searches. He pointed out that "FEMA has failed to explain both how its searches were carried out and what files the searches covered. The testimony FEMA references. . . asserting that al records were turned over to NIST, does not provide any detail on the search conducted. . .Without more information, 'even if the Court can make "reasonable guesses about the answers to those questions," the Court cannot award the agency summary judgment on the adequacy of its search.'" NIST argued that it "is involved in this FOIA litigation only because FEMA had transferred the responsive documents to it in 2002" and accordingly "there would be no need for NIST to perform any search beyond what is necessary to locate the files transferred by FEMA." Sullivan pointed out that "for the purposes of FOIA, this court's concern is not how or why NIST came to be in possession of the records that Mr. Cole seeks; the Court's focus is simply on whether NIST has adequately searched for the records transferred to it rather than leaving the Court to speculate. The Court can appreciate the added complexity of searching for records that the agency did not create itself, for which 'it doesn't already have a listing of potentially responsive material,' but that does not excuse NIST's failure to explain how it went about its search." He added thar "the Court can certainly appreciate how the log would be a useful basis for the BPS material search, but Defendants continue to miss the point that they have not explained how the lists guided their search, and what their methodology was when searching the log." Sullivan observed that "what the Court is missing is how the records were searched. The Court finds that NIST's 'blanket assurance' that it searched 'all files and locations likely to contain responsive documents' is insufficient." Cole also requested discovery into the issue of why it took so long for the agencies to respond. While FEMA admitted that the agencies had made a mistake in their oversight of Cole's request, Sullivan indicated that "sleeping on its FOIA obligations for several years makes for a glaring lack of oversight by FEMA. It does, however, nonetheless provide an explanation. While the Court finds a clear error on this narrow issue, it does not prevent a grant of discovery." Cole particularly took issue to FEMA's prior statement that there were 490,000 WTC-related records at NARA, some of which could be responsive. Sullivan found FEMA had failed to explain what it intended by that statement, pointing out that "the Court is cognizant that searching through 490,000 pages is an onerous task. However, granting discovery in this case for records FEMA itself identified as supplemental does not 'effectively penalize FEMA for being more transparent;' instead, it ensures FEMA meets its legal duty and conducts an adequate search for a FOIA request that it improperly ignored for several years. Contrary to FEMA's assertion, Mr. Cole is not advancing 'purely speculative claims about the existence and discoverability of other documents;' he is asking for FEMA to search supplemental records it itself identified." Granting discovery as limited by the Magistrate Judge's recommendation, Sullivan indicated that "based on the continued lack of details in the affidavits provided by FEMA, the Court concludes that this is the rare case where discovery, rather than supplemental declarations is warranted as to the Defendants' searches."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2015-11-12	1	COMPLAINT FOR INJUNCTIVE RELIEF against FEMA EMERGENCY MANAGEMENT AGENCY, WILLIAM CRAIG FUGATE, Willie E. May, National Institutes for Standards and Technology ( Filing fee $ 400 receipt number 0090-4313946) filed by David Cole. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(Colapinto, David) (Entered: 11/12/2015)
2015-11-12		Case Assigned to Judge Emmet G. Sullivan. (sth) (Entered: 11/13/2015)
2015-11-13	2	SUMMONS(4) Issued Electronically as to FEMA EMERGENCY MANAGEMENT AGENCY, WILLIAM CRAIG FUGATE, WILLIE E. MAY, NATIONAL INSTITUTES FOR STANDARDS AND TECHNOLOGY. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(sth) (Entered: 11/13/2015)
2015-11-13	3	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Mick G. Harrison, :Address- 520 S. Walnut Street, #1147, Bloomington, IN 4702. Phone No. - 812-361-6220. Fax No. - 812-650-4374 Filing fee $ 100, receipt number 0090-4314853. Fee Status: Fee Paid. by DAVID COLE (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Colapinto, David) (Entered: 11/13/2015)
2015-11-20		MINUTE ORDER granting 3 Motion for Admission Pro Hac Vice of attorney Mick G. Harrison. Mick G. Harrison is hereby admitted pro hac vice in this action. Signed by Judge Emmet G. Sullivan on November 20, 2015. (lcegs1) (Entered: 11/20/2015)
2016-02-22	4	NOTICE of Appearance by Jason Todd Cohen on behalf of All Defendants (Cohen, Jason) (Entered: 02/22/2016)
2016-03-02	5	First MOTION for Extension of Time to File Answer re 1 Complaint, by FEMA EMERGENCY MANAGEMENT AGENCY, WILLIAM CRAIG FUGATE, WILLIE E. MAY, NATIONAL INSTITUTES FOR STANDARDS AND TECHNOLOGY (Attachments: # 1 Proposed Order)(Cohen, Jason) (Entered: 03/02/2016)
2016-03-08	6	RESPONSE re 5 First MOTION for Extension of Time to File Answer re 1 Complaint, Consenting to Motion filed by DAVID COLE. (Harrison, Mick) (Entered: 03/08/2016)
2016-03-09		MINUTE ORDER. In view of 6 plaintiff's consent to 5 defendants' motion for extension of time to answer or otherwise respond to the complaint, defendants shall answer or otherwise respond to the complaint by no later than April 8, 2016. Signed by Judge Emmet G. Sullivan on March 9, 2016. (lcegs1) (Entered: 03/09/2016)
2016-03-10		Set/Reset Deadlines: Defendants Answer due by 4/8/2016. (mac) (Entered: 03/10/2016)
2016-04-08	7	ANSWER to Complaint by FEMA EMERGENCY MANAGEMENT AGENCY, WILLIAM CRAIG FUGATE, WILLIE E. MAY, NATIONAL INSTITUTES FOR STANDARDS AND TECHNOLOGY.(Cohen, Jason) (Entered: 04/08/2016)
2016-04-08	8	Joint STATUS REPORT by FEMA EMERGENCY MANAGEMENT AGENCY, WILLIAM CRAIG FUGATE, WILLIE E. MAY, NATIONAL INSTITUTES FOR STANDARDS AND TECHNOLOGY. (Cohen, Jason) (Entered: 04/08/2016)
2016-04-11		MINUTE ORDER. In view of 8 joint status report, the parties are directed to file a status report by no later than June 8, 2016 to update the Court on the progress of the case and make any recommendations for further proceedings. Signed by Judge Emmet G. Sullivan on 4/11/2016. (lcegs1) (Entered: 04/11/2016)
2016-04-12		Set/Reset Deadlines: Status Report due by 6/8/2016. (mac) (Entered: 04/12/2016)
2016-06-07	9	Joint STATUS REPORT by DAVID COLE. (Harrison, Mick) (Entered: 06/07/2016)
2016-06-08		MINUTE ORDER. In view of 9 joint status report, the parties are directed to file a status report by no later than July 22, 2016 to update the Court on the progress of the case and make any recommendations for further proceedings. Signed by Judge Emmet G. Sullivan on 6/8/2016. (lcegs1) (Entered: 06/08/2016)
2016-06-09		Set/Reset Deadlines: Status Report due by 7/22/2016. (mac) (Entered: 06/09/2016)
2016-07-22	10	Joint STATUS REPORT (Third) by FEMA EMERGENCY MANAGEMENT AGENCY, WILLIAM CRAIG FUGATE, WILLIE E. MAY, NATIONAL INSTITUTES FOR STANDARDS AND TECHNOLOGY. (Cohen, Jason) (Entered: 07/22/2016)
2016-08-09		MINUTE ORDER. In view of 10 joint status report, it is HEREBY ORDERED that: (1) defendants shall provide Mr. Cole with a detailed Vaughn Index and a complete response to Mr. Cole's June 7, 2016 e-mail by no later than August 23, 2016; and (2) the parties shall file a joint status report by no later than September 12, 2016. Signed by Judge Emmet G. Sullivan on 8/9/2016. (lcegs1) (Entered: 08/09/2016)
2016-08-10		Set/Reset Deadlines: Joint Status Report due by 9/12/2016. (mac) (Entered: 08/10/2016)
2016-09-12	11	STATUS REPORT of Plaintiff by DAVID COLE. (Harrison, Mick) (Entered: 09/12/2016)
2016-10-04	12	Supplemental STATUS REPORT by DAVID COLE. (Harrison, Mick) (Entered: 10/04/2016)
2016-10-06		MINUTE ORDER. In view of 12 the status report, plaintiff shall inform defendants of any remaining concerns regarding defendants' production by no later than October 11, 2016. Defendants shall provide their response to plaintiff's proposal by November 22, 2016. The parties are directed to file another status report by no later than December 2, 2016, noting whether they believe additional proceedings are necessary. Signed by Judge Emmet G. Sullivan on 10/6/16. (lcegs4) (Entered: 10/06/2016)
2016-10-06		Set/Reset Deadlines: Defendants Response to Plaintiff's Proposal due by 11/22/2016. Status Report due by 12/2/2016. (mac) (Entered: 10/06/2016)
2016-10-06		Set/Reset Deadlines: Status Report due by 11/3/2016. (mac) (Entered: 10/06/2016)
2016-12-02	13	Joint STATUS REPORT by DAVID COLE. (Harrison, Mick) (Entered: 12/02/2016)
2016-12-14		MINUTE ORDER. In view of 13 the joint status report, the Court will hold a status hearing in this case on January 25, 2017 at 10:30 a.m. in Courtroom 24A. Signed by Judge Emmet G. Sullivan on 12/14/2016. (lcegs4) (Entered: 12/14/2016)
2016-12-14		Set/Reset Hearings: Status Conference set for 1/25/2017 at 10:30 AM in Courtroom 24A before Judge Emmet G. Sullivan. (mac) (Entered: 12/14/2016)
2017-01-11	14	Unopposed MOTION to Continue Status Hearing by DAVID COLE (Harrison, Mick) (Entered: 01/11/2017)
2017-01-11		MINUTE ORDER granting 14 unopposed motion for continuance. The status hearing scheduled for January 25, 2017 is hereby vacated and rescheduled for February 15, 2017 at 1:30 p.m. in Courtroom 24A. Signed by Judge Emmet G. Sullivan on 1/11/2017. (lcegs4) (Entered: 01/11/2017)
2017-01-12		Set/Reset Hearings: Status Conference set for 2/15/2017 at 1:30 PM in Courtroom 24A before Judge Emmet G. Sullivan. (mac) (Entered: 01/12/2017)
2017-02-15		MINUTE ORDER. In view of the call placed by government counsel to Chambers yesterday, the party seeking to attend today's status hearing by phone shall contact Courtroom Deputy Mark Coates at (202) 354-3364. Signed by Judge Emmet G. Sullivan on 2/15/2017.(lcegs4). (Entered: 02/15/2017)
2017-02-15		Minute Entry for proceedings held before Judge Emmet G. Sullivan: Status Conference held on 2/15/2017. The Plaintiff Will File A Motion For Limited Discovery. (Court Reporter JANICE DICKMAN.) (mac) (Entered: 02/15/2017)
2017-03-27	15	MOTION for Discovery by DAVID COLE (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit 1 June 7 2016 Plaintiff Letter to Defendants, # 4 Exhibit 1a Excerpt from FEMA BPS Appendix D, # 5 Exhibit 1b FEMA Records Inventory sent to NIST in 2002, # 6 Exhibit 1c Silverstein Letter to Gilsanz referencing drawings, # 7 Exhibit 2 Defendants August 23 2016 Letter to Plaintiff, # 8 Exhibit 3 Plaintiff October 11, 2016 Letter to Defendants, # 9 Exhibit 4 Defendants November 22, 2016 Letter to Plaintiffs, # 10 Affidavit of Plaintiff Cole Exhibit 5, # 11 Exhibit 6 FEMA December 23 2011 FOIA Response Letter, # 12 Exhibit 7 FEMA NIST June 29 2012 Letter noting most records are releasable, # 13 Exhibit 8 FEMA August 30 2012 Response to Cole Questions, # 14 Exhibit 9 FEMA May 26 2011 FOIA Request Acknowledgement Letter)(Harrison, Mick) (Entered: 03/27/2017)
2017-04-19		MINUTE ORDER directing defendants to respond to 15 plaintiff's motion for discovery by no later than April 21, 2017. If defendants do not respond by that date, the Court may treat the motion as conceded. See Local Civil Rule 7(b) ("Within 14 days of the date of service or at such other time as the Court may direct, an opposing party shall serve and file a memorandum of points and authorities in opposition to the motion. If such a memorandum is not filed within the prescribed time, the Court may treat the motion as conceded."). Signed by Judge Emmet G. Sullivan on 4/19/2017. (lcegs2) (Entered: 04/19/2017)
2017-04-21	16	Memorandum in opposition to re 15 MOTION for Discovery filed by FEMA EMERGENCY MANAGEMENT AGENCY, WILLIAM CRAIG FUGATE, WILLIE E. MAY, NATIONAL INSTITUTES FOR STANDARDS AND TECHNOLOGY. (Cohen, Jason) (Entered: 04/21/2017)
2017-04-28	17	REPLY to opposition to motion re 15 MOTION for Discovery filed by DAVID COLE. (Attachments: # 1 Exhibit A, FEMA Inventory of Records Transferred to NARA)(Harrison, Mick) (Entered: 04/28/2017)
2017-07-28	18	STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 7/28/2017. (Attachments: # 1 Exhibit) (lcegs1) (Entered: 07/28/2017)
2018-01-03	19	MEMORANDUM OPINION AND ORDER denying 15 plaintiff's motion for discovery and directing the parties to submit a joint status report by no later than January 22, 2018. Please see document for further details. Signed by Judge Emmet G. Sullivan on January 3, 2018. (lcegs2) (Entered: 01/03/2018)
2018-01-03		Set/Reset Deadlines: Joint Status Report due by 1/22/2018. (mac) (Entered: 01/03/2018)
2018-01-19	20	Joint STATUS REPORT by FEMA EMERGENCY MANAGEMENT AGENCY, WILLIAM CRAIG FUGATE, WILLIE E. MAY, NATIONAL INSTITUTES FOR STANDARDS AND TECHNOLOGY. (Cohen, Jason) (Entered: 01/19/2018)
2018-01-22		MINUTE ORDER. In view of 20 the parties' joint status report, the parties are directed to comply with the following briefing schedule: defendants' motion for summary judgment shall be filed by no later than March 23, 2018; plaintiff's opposition, which shall be combined with plaintiff's cross-motion for summary judgment, shall be filed by no later than May 7, 2018; defendants' reply, combined with defendants' opposition to the cross-motion, shall be filed by no later than June 6, 2018; and plaintiff's reply in support of his cross-motion shall be filed by no later than July 6, 2018. Signed by Judge Emmet G. Sullivan on January 22, 2018. (lcegs2) (Entered: 01/22/2018)
2018-01-23		Set/Reset Deadlines: Defendants' Motion For Summary Judgment due by 3/23/2018. Plaintiff's Opposition, Which Shall Be Combined With Plaintiff's Cross-Motion For Summary Judgment due by 5/7/2018. Defendants' Reply, Combined With Defendants' Opposition To The Cross-Motion due by 6/6/2018. Plaintiff's Reply In Support Of Cross-Motion due by 7/6/2018. (mac) (Entered: 01/23/2018)
2018-03-22	21	Unopposed MOTION for Extension of Time to File Defendants' Motion for Summary Judgment by FEMA EMERGENCY MANAGEMENT AGENCY, WILLIAM CRAIG FUGATE, WILLIE E. MAY, NATIONAL INSTITUTES FOR STANDARDS AND TECHNOLOGY (Attachments: # 1 Text of Proposed Order)(Cohen, Jason) (Entered: 03/22/2018)
2018-03-26	22	MINUTE ORDER granting 21 defendants' unopposed motion for an extension of time. The parties are directed to comply with the following briefing schedule: defendants' motion for summary judgment shall be filed by no later than April 5, 2018; plaintiff's opposition, which shall be combined with plaintiff's cross-motion for summary judgment, shall be filed by no later than May 21, 2018; defendants' reply, combined with defendants' opposition to the cross-motion, shall be filed by no later than June 20, 2018; and plaintiff's reply in support of his cross-motion shall be filed by no later than July 20, 2018. Signed by Judge Emmet G. Sullivan on March 26, 2018.(lcegs2) (Entered: 03/26/2018)
2018-03-26		Set/Reset Deadlines: Defendants Motion For Summary Judgment due by 4/5/2018. Plaintiff's Opposition, Which Shall Be Combined With Plaintiff's Cross-Motion For Summary Judgment due by 5/21/2018. Defendants' Reply, Combined With Defendants' Opposition To The Cross-Motion due by 6/20/2018. Plaintiff's Reply In Support Of Its Cross-Motion due by 7/20/2018. (mac) (Entered: 03/26/2018)
2018-04-05	23	MOTION for Summary Judgment by FEMA EMERGENCY MANAGEMENT AGENCY, WILLIAM CRAIG FUGATE, WILLIE E. MAY, NATIONAL INSTITUTES FOR STANDARDS AND TECHNOLOGY (Attachments: # 1 Statement of Material Facts Not In Dispute, # 2 Declaration of Eric Neuschaefer with Exhibits, # 3 Declaration of Catherine S. Fletcher with Attachments, # 4 Apr & Sept 2016 Correspondence to Plaintiff, # 5 Text of Proposed Order)(Cohen, Jason) (Entered: 04/05/2018)
2018-05-20	24	Unopposed MOTION for Extension of Time to File Plaintiff's Cross Motion for Summary Judgment, Response in Opposition, and Rule 56(d) Motion by DAVID COLE (Attachments: # 1 Text of Proposed Order)(Harrison, Mick) (Entered: 05/20/2018)
2018-05-25		MINUTE ORDER granting 24 plaintiff's unopposed motion for an extension of time. The parties are directed to comply with the following briefing schedule: plaintiff's opposition, which shall be combined with plaintiff's cross-motion for summary judgment and any Rule 56(d) motion, shall be filed by no later than June 4, 2018; defendants' reply, combined with defendants' opposition to the cross-motion and Rule 56(d) motion, shall be filed by no later than July 11, 2018; and plaintiff's reply in support of his cross-motion and Rule 56(d) shall be filed by no later than August 10, 2018. Signed by Judge Emmet G. Sullivan on May 25, 2018. (lcegs2) (Entered: 05/25/2018)
2018-05-27		Set/Reset Deadlines: Plaintiff's Opposition to Defendant's Motion for Summary Judgment, which shall be combined with Plaintiff's Cross-Motion for Summary Judgment and any Rule 56(d) Motion, shall be filed by 6/4/2018; Defendants' Reply in support of its Motion for Summary Judgment, combined with its Opposition to Plaintiff's Cross-Motion for Summary Judgment and any Rule 56(d) Motion, is due by 7/11/2018; Plaintiff's Reply in support of his Cross-Motion for Summary Judgment and any Rule 56(d) Motion is due by 8/10/2018. (jth) (Entered: 05/27/2018)
2018-06-04	25	Memorandum in opposition to re 23 MOTION for Summary Judgment filed by DAVID COLE. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order, # 3 Exhibit 1, # 4 Exhibit 1a, # 5 Exhibit 1b, # 6 Exhibit 1c, # 7 Exhibit 2, # 8 Exhibit 3, # 9 Exhibit 4, # 10 Exhibit 5 Plaintiff Declaration, # 11 Exhibit 6, # 12 Exhibit 7, # 13 Exhibit 8, # 14 Exhibit 9)(Harrison, Mick) (Entered: 06/04/2018)
2018-06-04	26	MOTION for Summary Judgment by DAVID COLE (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Statement of Facts, # 4 Exhibit 1, # 5 Exhibit 1a, # 6 Exhibit 1b, # 7 Exhibit 1c, # 8 Exhibit 2, # 9 Exhibit 3, # 10 Exhibit 4, # 11 Exhibit 5 Declaration of Plaintiff, # 12 Exhibit 6, # 13 Exhibit 7, # 14 Exhibit 8, # 15 Exhibit 9)(Harrison, Mick) (Entered: 06/04/2018)
2018-06-04	27	MOTION for Discovery Rule 56d discovery by DAVID COLE (Attachments: # 1 Declaration of Counsel, # 2 Memorandum in Support, # 3 Text of Proposed Order, # 4 Exhibit 1, # 5 Exhibit 1a, # 6 Exhibit 1b, # 7 Exhibit 1c, # 8 Exhibit 2, # 9 Exhibit 3, # 10 Exhibit 4, # 11 Declaration of Plaintiff, # 12 Exhibit 6, # 13 Exhibit 7, # 14 Exhibit 8, # 15 Exhibit 9)(Harrison, Mick) Modified event title on 6/7/2018 (znmw). (Entered: 06/04/2018)
2018-06-13	28	ERRATA Corrected Format combining motions and opposition and adding TOC, TOA, and Exhibits Index by DAVID COLE 25 Memorandum in Opposition, filed by DAVID COLE. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1, # 3 Exhibit 1a, # 4 Exhibit 1b, # 5 Exhibit 1c, # 6 Exhibit 2, # 7 Exhibit 3, # 8 Exhibit 4, # 9 Declaration of Plaintiff Exhibit 5, # 10 Exhibit 6, # 11 Exhibit 7, # 12 Exhibit 8, # 13 Exhibit 9)(Harrison, Mick) (Entered: 06/13/2018)
2018-06-13	29	ERRATA Corrected Format combining motions and opposition and adding TOC, TOA, and Exhibits Index by DAVID COLE 27 MOTION Rule 56d discovery filed by DAVID COLE. (Attachments: # 1 Text of Proposed Order, # 2 Declaration of Counsel, # 3 Exhibit 1, # 4 Exhibit 1a, # 5 Exhibit 1b, # 6 Exhibit 1c, # 7 Exhibit 2, # 8 Exhibit 3, # 9 Exhibit 4, # 10 Declaration of Plaintiff Exhibit 5, # 11 Exhibit 6, # 12 Exhibit 7, # 13 Exhibit 8, # 14 Exhibit 9)(Harrison, Mick) (Entered: 06/13/2018)
2018-06-13	30	ERRATA Corrected Format combining motions and opposition and adding TOC, TOA, and Exhibits Index by DAVID COLE 26 MOTION for Summary Judgment filed by DAVID COLE. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1, # 3 Exhibit 1a, # 4 Exhibit 1b, # 5 Exhibit 1c, # 6 Exhibit 2, # 7 Exhibit 3, # 8 Exhibit 4, # 9 Declaration of Plaintiff Exhibit 5, # 10 Exhibit 6, # 11 Exhibit 7, # 12 Exhibit 8, # 13 Exhibit 9)(Harrison, Mick) (Entered: 06/13/2018)
2018-07-09	31	Unopposed MOTION for Extension of Time to File Response/Reply as to 26 MOTION for Summary Judgment , 27 MOTION Rule 56d discovery , 23 MOTION for Summary Judgment by FEMA EMERGENCY MANAGEMENT AGENCY, WILLIAM CRAIG FUGATE, WILLIE E. MAY, NATIONAL INSTITUTES FOR STANDARDS AND TECHNOLOGY (Attachments: # 1 Text of Proposed Order)(Cohen, Jason) (Entered: 07/09/2018)
2018-07-12		MINUTE ORDER granting 31 unopposed motion for extension of time. Defendants shall file their reply in support of the motion for summary judgment and their opposition to plaintiff's cross-motion for summary judgment and Rule 56(d) motion by July 25, 2018; and plaintiff shall file his reply by August 24, 2018. Signed by Judge Emmet G. Sullivan on 7/12/2018. (lcegs1) (Entered: 07/12/2018)
2018-07-12		Set/Reset Deadlines: Defendants Reply In Support Of The Motion For Summary Judgment And Their Opposition To Plaintiff's Cross-Motion For Summary Judgment And Rule 56(d) Motion due by 7/25/2018. Plaintiff Reply due by 8/24/2018. (mac) (Entered: 07/12/2018)
2018-07-25	32	REPLY to opposition to motion re 23 MOTION for Summary Judgment filed by FEMA EMERGENCY MANAGEMENT AGENCY, WILLIAM CRAIG FUGATE, WILLIE E. MAY, NATIONAL INSTITUTES FOR STANDARDS AND TECHNOLOGY. (Attachments: # 1 Response to Plaintiff's "Statement of Undisputed Facts")(Cohen, Jason) (Entered: 07/25/2018)
2018-07-25	33	Memorandum in opposition to re 26 MOTION for Summary Judgment (duplicate filing of ECF No. 32) filed by FEMA EMERGENCY MANAGEMENT AGENCY, WILLIAM CRAIG FUGATE, WILLIE E. MAY, NATIONAL INSTITUTES FOR STANDARDS AND TECHNOLOGY. (Attachments: # 1 Response to Plaintiff's "Statement of Undisputed Facts")(Cohen, Jason) (Entered: 07/25/2018)
2018-07-25	34	Memorandum in opposition to re 27 MOTION Rule 56d discovery (duplicate filing of ECF No. 32) filed by FEMA EMERGENCY MANAGEMENT AGENCY, WILLIAM CRAIG FUGATE, WILLIE E. MAY, NATIONAL INSTITUTES FOR STANDARDS AND TECHNOLOGY. (Attachments: # 1 Response to Plaintiff's "Statement of Undisputed Facts")(Cohen, Jason) (Entered: 07/25/2018)
2018-08-24	35	REPLY to opposition to motion re 26 MOTION for Summary Judgment , 27 MOTION Rule 56d discovery filed by DAVID COLE. (Harrison, Mick) (Entered: 08/24/2018)
2019-01-07		MINUTE ORDER REFERRING CASE to a Magistrate Judge for full case management, up to but excluding trial pursuant to Local Civil Rule 72.2. This includes, with respect to pending potentially dispositive motions, the preparation of a report and recommendation pursuant to Local Civil Rule 72.3. The parties are reminded, that pursuant to Local Civil Rule 73.1, the parties may consent to the assignment of this action to a magistrate judge for all purposes, including trial. Consent of the district court judge is not necessary. Signed by Judge Emmet G. Sullivan on 1/7/2019. (lcegs1) (Entered: 01/07/2019)
2019-01-07		MINUTE ORDER STAYING CASE. In view of the referral of this case to a Magistrate Judge for full case management, proceedings before Judge Emmet G. Sullivan are hereby STAYED. Signed by Judge Emmet G. Sullivan on 1/7/2019. (lcegs1) (Entered: 01/07/2019)
2019-01-07		CASE RANDOMLY REFERRED to Magistrate Judge Robin M. Meriweather for full case management, up to but excluding trial. (zad) (Entered: 01/08/2019)
2019-01-09	36	CASE RANDOMLY REFERRED to Magistrate Judge G. Michael Harvey for full case management, up to but excluding trial; case is no longer referred to Magistrate Judge Robin M. Meriweather. (ztnr) (Entered: 01/09/2019)
2020-03-09	37	REPORT AND RECOMMENDATION re 26 MOTION for Summary Judgment filed by DAVID COLE, 27 MOTION Rule 56d discovery filed by DAVID COLE, 23 MOTION for Summary Judgment filed by NATIONAL INSTITUTES FOR STANDARDS AND TECHNOLOGY, WILLIAM CRAIG FUGATE, WILLIE E. MAY, FEMA EMERGENCY MANAGEMENT AGENCY. Signed by Magistrate Judge G. Michael Harvey on 3/9/2020. (lckt) (Entered: 03/09/2020)
2020-03-10	38	NOTICE OF SUBSTITUTION OF COUNSEL by Sean Michael Tepe on behalf of All Defendants Substituting for attorney Jason Cohen (Tepe, Sean) (Entered: 03/10/2020)
2020-03-16	39	MOTION for Extension of Time to Object to Report and Recommendation by FEMA EMERGENCY MANAGEMENT AGENCY, NATIONAL INSTITUTES FOR STANDARDS AND TECHNOLOGY (Tepe, Sean) (Entered: 03/16/2020)
2020-03-17		MINUTE ORDER granting 39 MOTION for Extension of Time to Object to Report and Recommendation. In light of the current national emergency, Defendant shall file any objections to the Report and Recommendation by no later than June 17, 2020. Signed by Judge Emmet G. Sullivan on 3/17/2020. (lcegs2) (Entered: 03/17/2020)
2020-03-18		Set/Reset Deadlines: Defendant Objections to Report And Recommendation due by 6/17/2020. (mac) (Entered: 03/18/2020)
2020-03-23	40	Unopposed MOTION for Extension of Time to File Objections to Report and Recommendation by DAVID COLE (Attachments: # 1 Text of Proposed Order)(Harrison, Mick) (Entered: 03/23/2020)
2020-03-23	41	ENTERED IN ERROR.....OBJECTION to 37 Report and Recommendations filed in the alternative to motion for extension of time filed by DAVID COLE. (Harrison, Mick) Modified on 3/24/2020 (zjf). (Entered: 03/23/2020)
2020-03-24		NOTICE OF ERROR re 41 Objection to Report and Recommendations; emailed to mickharrisonesq@gmail.com, cc'd 5 associated attorneys -- The PDF file you docketed contained errors: 1. FYI - For Future Filings; Do not file document until Motion has been ruled upon (zjf, ) (Entered: 03/24/2020)
2020-03-24		NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 41 Objection to Report and Recommendations was entered in error and counsel was instructed to refile said pleading. Document was a duplicate filing re 40 Unopposed MOTION for Extension of Time to File Objections to Report and Recommendation (jf) (Entered: 03/24/2020)
2020-03-26		MINUTE ORDER granting 40 Unopposed MOTION for Extension of Time to File Objections to Report and Recommendation. In light of the current national emergency, Plaintiff shall file any objections to the Report and Recommendation by no later than June 17, 2020. Signed by Judge Emmet G. Sullivan on 3/26/2020. (lcegs2) (Entered: 03/26/2020)
2020-03-26		Set/Reset Deadlines: Plaintiff Objections to R&R due by 6/17/2020. (mac) (Entered: 03/26/2020)
2020-06-17	42	ENTERED IN ERROR.....NOTICE of Objection to Magistrate Judge's Report and Recommendation by DAVID COLE re 37 Report and Recommendation, (Harrison, Mick) Modified on 6/17/2020 (zjf). (Entered: 06/17/2020)
2020-06-17		NOTICE OF ERROR re 42 Notice (Other); emailed to mickharrisonesq@gmail.com, cc'd 5 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect event used, 2. Please refile document, 3. using the Oppositions/Replies event a (Entered: 06/17/2020)
2020-06-17		NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 42 NOTICE of Objection to Magistrate Judge's Report and Recommendation was entered in error and counsel was instructed to refile said pleading using the correct category. (zjf) (Entered: 06/17/2020)
2020-06-17	43	OBJECTION to 37 Report and Recommendations filed by FEMA EMERGENCY MANAGEMENT AGENCY, NATIONAL INSTITUTES FOR STANDARDS AND TECHNOLOGY. (Tepe, Sean) (Entered: 06/17/2020)
2020-06-17	44	OBJECTION to 37 Report and Recommendations of Magistrate Judge filed by DAVID COLE. (Harrison, Mick) (Entered: 06/17/2020)
2020-07-01	45	RESPONSE to Defendants' 43 Objections to Magistrate Judge's Report and Recommendation filed by DAVID COLE. (Harrison, Mick) (Entered: 07/01/2020)
2020-07-08	46	REPLY In Support of 43 Defendants' Objections to Report and Recommendations filed by FEMA EMERGENCY MANAGEMENT AGENCY, NATIONAL INSTITUTES FOR STANDARDS AND TECHNOLOGY. (Tepe, Sean) (Entered: 07/08/2020)
2021-12-21	47	ORDER denying 23 Motion for Summary Judgment; denying in part 30 Combined Motion for Summary Judgment as Premature and granting in part 30 Combined Motion for Limited Discovery. Signed by Judge Emmet G. Sullivan on 12/21/2021. (lcegs1) (Entered: 12/21/2021)
2021-12-21	48	MEMORANDUM OPINION. Signed by Judge Emmet G. Sullivan on 12/21/2021. (lcegs1) (Entered: 12/21/2021)
2021-12-21		ENTERED IN ERROR.....MINUTE ORDER. In view of 13 Joint Status Report, this case shall remain STAYED. If the parties have not already filed a stipulation of dismissal, they shall file another joint status report by no later than February 18, 2022, with recommendations for further proceedings. In the event that counsel are unable to agree on a joint recommendation, each party shall file an individual recommendation by that time. Signed by Judge Emmet G. Sullivan on 12/21/2021. (lcegs1) (Entered: 12/21/2021)
2021-12-23		MINUTE ORDER. In view of 30 Plaintiff's Combined Motion, the Court finds as moot 27 Motion for Discovery. Signed by Judge Emmet G. Sullivan on 12/23/2021. (lcegs1) (Entered: 12/23/2021)
2021-12-23		MINUTE ORDER. In view of 48 Memorandum Opinion granting Plaintiff's Motion for Limited Discovery, the stay in this case is hereby LIFTED. Signed by Judge Emmet G. Sullivan on 12/23/2021. (lcegs1) (Entered: 12/23/2021)
2022-01-07	49	Joint STATUS REPORT by DAVID COLE. (Attachments: # 1 Exhibit 1 for Plaintiff, # 2 Exhibit 2 for Plaintiff, # 3 Exhibit 3 for Plaintiff, # 4 Exhibit 4 for Plaintiff)(Harrison, Mick) (Entered: 01/07/2022)
2022-01-11		Minute Entry: Discovery Hearing set for 2/4/2022 at 11:00 AM in Telephonic/VTC before Magistrate Judge G. Michael Harvey. The parties may file a short legal memorandum (no more than five (5) double-spaced pages in length) supporting their discovery requests on or before 1/26/22.(lccm) (Entered: 01/11/2022)
2022-01-26	50	MEMORANDUM by DAVID COLE. (Harrison, Mick) (Entered: 01/26/2022)
2022-01-26	51	MEMORANDUM by FEMA EMERGENCY MANAGEMENT AGENCY, NATIONAL INSTITUTES FOR STANDARDS AND TECHNOLOGY. (Tepe, Sean) (Entered: 01/26/2022)
2022-02-04		Minute Entry for proceedings held before Magistrate Judge G. Michael Harvey: Discovery Hearing held on 2/4/2022. (Court Reporter William Zaremba.) (zpt) (Entered: 02/04/2022)
2022-02-08	52	ORDER ON DISCOVERY. Signed by Magistrate Judge G. Michael Harvey on 2/8/2022. (lccm) (Entered: 02/08/2022)
2022-02-08		Minute Entry: Status Conference set for 5/6/2022 at 11:00 AM in Telephonic/VTC before Magistrate Judge G. Michael Harvey. (lccm) (Entered: 02/08/2022)
2022-04-18	53	TRANSCRIPT OF DISCOVERY HEARING VIA ZOOM PROCEEDINGS before Magistrate Judge G. Michael Harvey held on February 4, 2022; Page Numbers: 1-56. Date of Issuance: April 18, 2022. Court Reporter/Transcriber: William Zaremba; Telephone number: (202) 354-3249. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public termina l or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, PDF 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 5/9/2022. Redacted Transcript Deadline set for 5/19/2022. Release of Transcript Restriction set for 7/17/2022.(wz) (Entered: 04/18/2022)
2022-04-25		Set/Reset Hearings: Status Conference set for 5/5/2022 at 03:00 PM in Telephonic/VTC before Magistrate Judge G. Michael Harvey. (lccm) (Entered: 04/25/2022)
2022-05-05	54	DISCOVERY STANDING ORDER. Signed by Magistrate Judge G. Michael Harvey on 5/5/2022. (lccm) (Entered: 05/05/2022)
2022-05-05	55	SCHEDULING ORDER. Signed by Magistrate Judge G. Michael Harvey on 5/5/2022. (lccm) (Entered: 05/05/2022)
2022-07-29	56	MOTION for Summary Judgment by FEMA EMERGENCY MANAGEMENT AGENCY, NATIONAL INSTITUTES FOR STANDARDS AND TECHNOLOGY. (Attachments: # 1 Statement of Facts, # 2 Exhibits 1-4, # 3 Exhibits 5-23, # 4 Text of Proposed Order)(Tepe, Sean) (Entered: 07/29/2022)
2022-08-26	57	MOTION for Extension of Time to File Cross Motion for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment by DAVID COLE. (Attachments: # 1 Text of Proposed Order)(Harrison, Mick) (Entered: 08/26/2022)
2022-08-29	58	ORDER granting 57 Motion for Extension of Time. Plaintiff's Opposition and Cross-Motion for Summary Judgment due on or before 9/2/2022. Defendants' Reply and Opposition to Plaintiff's Cross-Motion for Summary Judgment due on or before 9/23/2022. Plaintiff's Reply due on or before 10/14/2022. Signed by Magistrate Judge G. Michael Harvey on 8/29/2022. (lccm) (Entered: 08/29/2022)
2022-09-02	59	Cross MOTION for Summary Judgment by DAVID COLE. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order, # 4 Exhibit 1 2003 GMS BPS Records Transfer, # 5 Exhibit 2 Emails to Tertell and Swiren from BPS Team)(Harrison, Mick) (Entered: 09/02/2022)
2022-09-02	60	Memorandum in opposition to re 56 Motion for Summary Judgment filed by DAVID COLE. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1 GMS 2003 BPS Records Transfer, # 3 Exhibit 2 Emails to Tertell and Swiren from BPS team, # 4 Statement of Facts)(Harrison, Mick) (Entered: 09/02/2022)
2022-09-08	61	Unopposed MOTION to Amend/Correct Plaintiff's Cross Motion for Summary Judgment by DAVID COLE. (Attachments: # 1 Text of Proposed Order, # 2 Proposed Amended Motion for Summary Judgment, # 3 Memorandum in Support of Amended Motion for Summary Judgment, # 4 Exhibit 1 for Amended Motion for Summary Judgment, # 5 Exhibit 2 for Amended Motion for Summary Judgment, # 6 Statement of Facts for Amended Motion for Summary Judgment, # 7 Text of Proposed Order for Amended Motion for Summary Judgment)(Harrison, Mick) (Entered: 09/08/2022)
2022-09-08	62	Unopposed MOTION to Amend/Correct Plaintiff's Opposition to Defendant's Motion for Summary Judgment by DAVID COLE. (Attachments: # 1 Text of Proposed Order for Plaintiff's Motion to Amend Opposition to Defendants' Summary Judgment Motion, # 2 Memorandum in Support of Amended Opposition to Defendants' Motion for Summary Judgment, # 3 Exhibit 1 for Amended Opposition to Defendants' Motion for Summary Judgment, # 4 Exhibit 2 for Amended Opposition to Defendants' Motion for Summary Judgment, # 5 Statement of Facts in Dispute for Amended Opposition to Defendants' Motion for Summary Judgment, # 6 Text of Proposed Order for Amended Opposition to Defendants' Summary Judgment Motion)(Harrison, Mick) (Entered: 09/08/2022)
2022-09-08	63	ORDER granting 61 Motion to Amend/Correct; granting 62 Motion to Amend/Correct. Defendants' Reply and Opposition to Plaintiff's Cross-Motion for Summary Judgment due on or before 9/30/2022; Plaintiff's Reply due on or before 10/21/2022. Signed by Magistrate Judge G. Michael Harvey on 9/8/2022. (lccm) (Entered: 09/08/2022)
2022-09-30	64	REPLY to opposition to motion re 56 MOTION for Summary Judgment filed by FEMA EMERGENCY MANAGEMENT AGENCY, NATIONAL INSTITUTES FOR STANDARDS AND TECHNOLOGY. (Attachments: # 1 Defs. Reply to Pl. Counter Statement of Facts, # 2 2d Declaration of C. Fletcher)(Tepe, Sean) (Entered: 09/30/2022)
2022-09-30	65	Memorandum in opposition to re 61 Motion to Amend/Correct,, Defendants' Opposition to Plaintiff's Cross-Motion for Summary Judgment filed by FEMA EMERGENCY MANAGEMENT AGENCY, NATIONAL INSTITUTES FOR STANDARDS AND TECHNOLOGY. (Attachments: # 1 Def. Counter Statement of Facts, # 2 2d Declaration of C. Fletcher)(Tepe, Sean) (Entered: 09/30/2022)
2022-10-14	66	REPLY to opposition to motion re 61 Unopposed MOTION to Amend/Correct Plaintiff's Cross Motion for Summary Judgment filed by DAVID COLE. (Attachments: # 1 Exhibit 3 Plaintiff Cole Second Declaration)(Harrison, Mick) Modified on 10/17/2022 to correct docket link/text (zjm). (Entered: 10/14/2022)
2022-12-06		MINUTE ORDER STAYING CASE. In view of the referral of this case to Magistrate Judge Harvey, proceedings before Judge Sullivan are stayed. Signed by Judge Emmet G. Sullivan on 12/6/2022. (lcegs1) (Entered: 12/06/2022)
2023-02-14	67	REPORT AND RECOMMENDATION re 59 Cross MOTION for Summary Judgment filed by DAVID COLE, 56 MOTION for Summary Judgment filed by NATIONAL INSTITUTES FOR STANDARDS AND TECHNOLOGY, FEMA EMERGENCY MANAGEMENT AGENCY. Signed by Magistrate Judge G. Michael Harvey on 2/14/23. (MFB) (Entered: 02/14/2023)
2023-02-28	68	OBJECTION to 67 Report and Recommendations filed by DAVID COLE. (Harrison, Mick) Modified on 3/2/2023 to correct date filed (zjm). (Entered: 03/01/2023)
2023-03-15	69	RESPONSE re 68 Objection to Report and Recommendations filed by FEMA EMERGENCY MANAGEMENT AGENCY, NATIONAL INSTITUTES FOR STANDARDS AND TECHNOLOGY. (Attachments: # 1 Third Fletcher Declaration)(Tepe, Sean) (Entered: 03/15/2023)
2023-03-22	70	REPLY on Objections to Magistrate Report filed by DAVID COLE. (Harrison, Mick) (Entered: 03/22/2023)
Hide Docket Events