Case Detail

FOIA Project Annotation: Judge Tanya Chutkan has ruled that the Department of Justice conducted an adequate search for records concerning Anthony Viola's allegations that Judge Donald Nugent of the Northern District of Ohio was improperly influenced to rule against Viola, who was convicted on federal charges of conspiracy to commit mortgage fraud, although he was acquitted of similar charges at the state level. Viola learned that Nugent had been removed from another case for alleged misconduct. He requested records about that incident as well as records about Paul Tomko, an FBI "expert" and "informant." Viola's requests were referred to the Executive Office for U.S. Attorneys and the FBI. EOUSA determined that the U.S. Attorney's Office for the Northern District of Ohio was the only office likely to have responsive records. Because Viola had not provided third-party privacy waivers, the agency limited it search to records including his name. After conducting a search in the Northern District, the agency found no records responsive to his request. Viola challenged the agency's decision to limit its search to the Northern District, arguing that a federal/state Mortgage Fraud Task Force had been involved in his prosecution and that its records should have been searched. He also claimed that a woman named Dawn Pasela, who he identified as working for the Mortgage Fraud Task Force, had told him that the agency had destroyed or removed relevant records. Although Pasela had since died, Viola submitted an affidavit from her father supporting her claims. Chutkan pointed out that "the statements in the affidavits regarding MFTF evidence constitute inadmissible hearsay, not subject to an exception and are therefore inadequate to rebut the EOUSA declaration." She also rejected Viola's claims concerning the MFTF records. She noted that "if, as Plaintiff asserts, the Northern District of Ohio office transferred records to the MFTF and did not retain copies in its system, EOUSA is correct that it is not required to search files that it does not maintain. And if, on the other hand, the Ohio office transferred records to the MFTF and retained copies in its system, then the records would have been located by the EOUSA search." The FBI initially refused to process Viola's request on Nugent and Tomko and issued a Glomar response neither confirming nor denying the existence of records. After reviewing the court records on Nugent's alleged misconduct, the agency withdrew its Glomar response and instead told Viola the records were subject to an ongoing investigation. The FBI then withheld the records under Exemption 3 (other statutes) and Exemption 7 (law enforcement records). Viola argued that the records had been publicly disseminated at various trials. Chutkan rejected the claim, noting that "plaintiff has proffered no evidence that the recordings were played in court or were disclosed without a protective order. Indeed, the court takes judicial notice of the docket in [the case alleging Nugent's misconduct], which contains several motions and orders �" some of which are sealed �" involving protective orders."
Issues: Adequacy - Search

FOIA Project Annotation: In response to requests from Anthony Viola for records about state or local government officials who were prosecuted for public corruption in Cuyahoga County, Ohio, Judge Tanya Chutkan has ruled that EOUSA and the FBI conducted an adequate search, and that they properly withheld records under Exemption 7(A) (interference with ongoing investigation or proceeding), but that the FBI has not shown that appeals of third parties convicted were still pending to qualify them for continued coverage under Exemption 7 (A). Because Viola had not provided third-party authorization, the agencies only searched for records pertaining to his 2011 prosecution for mortgage fraud. Viola challenged EOUSA's refusal to search for records of a state/federal mortgage fraud task force because they were not agency records. While Viola produced an affidavit from the Ohio Bureau of Investigation agent who headed the task force, Chutkan noted that the affidavit supported the agency's claim that the task force's records were not agency records under FOIA. She pointed out that "while federal agencies subject to FOIA may have been able to access and review the records, [the affidavit] provides no evidence that the federal government or the Ohio Bureau of Investigation intended or permitted federal entities to control MFTF records." Viola argued that the agencies' Exemption 7 claims were waived because some recordings had been played in court. Chutkan found Viola's allegations fell short. She observed that "Viola cannot point to a judicial proceeding where the tapes and/or transcripts were disclosed without a protective order; he merely speculated there was no protective order �" despite evidence from the United States v. Calabrese docket to the contrary." The FBI continued to withhold records because it claimed that appeals of some convictions were still pending. Viola indicated that a search of the prison library's computer revealed no pending appeals. Finding that the FBI had not carried its burden of showing the appeals were still pending, Chutkan pointed out that "this is not a situation where the agency is being asked to prove a negative. Rather, [the FBI's affidavit] declared that a 'few' appeals were pending at the time of the summary judgment motion. It is not burdensome to require the FBI to list those cases that are or were still on appeal in order to substantiate the FBI's reliance on exemption 7."
Issues: Exemption 7(A) - Interference with ongoing investigation, Agency Record, Adequacy - Search

FOIA Project Annotation: Judge Tanya Chutkan has wrapped up some of the remaining issues remaining from FOIA litigation brought by Anthony Viola, who was convicted by a federal jury in Ohio in 2011 of conspiracy to commit mortgage fraud. Viola believed that the sentencing judge in his trial had purposedly countenanced prosecutorial misconduct and ineffective assistance of counsel. Viola send multiple FOIA requests to the Executive Office for U.S. Attorneys regarding the sentencing judge, as well as Paul Tomko, an FBI "expert" and "informant," whom Viola alleged reviewed key documents in his case and was later imprisoned for mortgage fraud. The agency disclosed records but withheld others under the privacy exemptions. Viola had also argued that the Mortgage Fraud Task Force, created by the FBI and other federal agencies to cooperate with Ohio state law enforcement officials was an agency subject to FOIA. Chutkan earlier ruled that there was no evidence that MFTF had any federal records other than those found in a search of EOUSA's database. Claiming that he had new evidence, Viola asked Chutkan to reconsider the agency records issue. However, Chutkan noted that "even if the evidence was new, it does not support Plaintiff's position regarding EOUSA control over the MFTF records." She observed that "as the moving party, Plaintiff has the burden that he is entitled to relief pursuant to Rule 54. Having offered no 'newly discovered' evidence and/or no relevant evidence that would support his position regarding MFTF, he has failed to meet his burden to show that the EOUSA's search was inadequate."
Issues: Agency - Federal

Date Filed	Doc #	Docket Text
2016-07-07	1	COMPLAINT against UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE ( Filing fee $ 400, receipt number 4616079173) filed by ANTHONY L. VIOLA. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(jf) (Entered: 07/08/2016)
2016-07-07		SUMMONS (4) Issued as to UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (jf) (Entered: 07/08/2016)
2016-07-13		SUMMONS (4) Issued as to UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (zmd). (Entered: 07/08/2016)
2016-08-09	2	NOTICE of Appearance by Tammy Allison Holloway on behalf of UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE (Holloway, Tammy) (Entered: 08/09/2016)
2016-08-15	3	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/3/2016. ( Answer due for ALL FEDERAL DEFENDANTS by 9/2/2016.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/3/16., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO served on 7/25/2016 (td) (Entered: 08/17/2016)
2016-08-31	4	MOTION for Extension of Time to Answer or file Dispositive Motion by UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Holloway, Tammy) (Entered: 08/31/2016)
2016-09-01		MINUTE ORDER: Granting 4 Motion for Extension of Time to Answer. Defendants shall answer or otherwise respond to the complaint by October 3, 2016. The Clerk of the Court shall mail a copy of this order to: ANTHONY L. VIOLA, R32238-160, MCKEAN FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 8000, BRADFORD, PA 16701. Signed by Judge Tanya S. Chutkan on 9/1/16. (DJS) (Entered: 09/01/2016)
2016-09-02		Set/Reset Deadlines: Answer due by 10/3/2016, (zsm) (Entered: 09/02/2016)
2016-09-30	5	MOTION for Extension of Time to File Answer or file Dispositive Motion by UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Holloway, Tammy) (Entered: 09/30/2016)
2016-10-03		MINUTE ORDER: Granting 5 Motion for Extension of Time to Answer. Defendants' deadline to answer or prepare a dispositive motion is hereby extended until November 3, 2016. The Clerk of the Court shall mail a copy of this order to: ANTHONY L. VIOLA, R32238-160, MCKEAN FEDERAL ORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 8000, BRADFORD, PA 16701. Signed by Judge Tanya S. Chutkan on 10/3/16. (DJS) (Entered: 10/03/2016)
2016-10-17	6	MOTION to Compel the Government to answer plaintiff's complaint by ANTHONY L. VIOLA (jf) (Entered: 10/19/2016)
2016-11-03	7	ANSWER to 1 Complaint, by UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE.(Holloway, Tammy) (Entered: 11/03/2016)
2016-11-03	8	PROPOSED BRIEFING SCHEDULE by UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Holloway, Tammy) (Entered: 11/03/2016)
2016-11-03	9	Memorandum in opposition to re 6 MOTION to Compel filed by UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE. (Holloway, Tammy) (Entered: 11/03/2016)
2016-11-17	10	NOTICE regarding Assistant U.S. Attorney Tammy Allison Holloway by ANTHONY L. VIOLA (td) (Entered: 11/21/2016)
2016-11-28	11	CERTIFICATE OF SERVICE by UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE re 9 Memorandum in Opposition, 7 Answer to Complaint, 10 Notice (Other), 8 Proposed Briefing Schedule (Amended Certificate of Service) . (Holloway, Tammy) (Entered: 11/28/2016)
2016-11-28	12	RESPONSE (Opposition) re 8 Proposed Briefing Schedule filed by ANTHONY L. VIOLA. (td) (Entered: 11/30/2016)
2016-12-15		MINUTE ORDER: Denying 6 as Moot Plaintiff's Motion to Compel Defendants to Answer. Defendants shall file their motion for summary judgment no later than January 9, 2017. The Clerk of the Court shall mail a copy of this order to ANTHONY L. VIOLA, R32238-160, MCKEAN FEDERAL ORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 8000, BRADFORD, PA 16701. Signed by Judge Tanya S. Chutkan on 12/15/16. (DJS) (Entered: 12/15/2016)
2016-12-15		Set/Reset Deadlines: Summary Judgment motions due by 1/9/2017. (zsm) (Entered: 12/15/2016)
2017-01-06	13	Second MOTION for Briefing Schedule by UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Holloway, Tammy) (Entered: 01/06/2017)
2017-01-13		MINUTE ORDER: Inasmuch as Defendants' Motion for Summary Judgment was due 1/9/17 (see 12/15/2016 Min. Order) the court hereby treats the Defendants' Motion for a Briefing Schedule 13 as a motion for an extension of time in which to file its Motion for Summary Judgment. Defendants' motion is hereby granted. Going forward the parties shall be careful to fully read all orders. Defendants' Motion is due 2/9/17. Plaintiff's Response is due 3/9/17. Defendants' reply is due 3/29/17. The Clerk of the Court shall mail a copy of this order to: ANTHONY L. VIOLA, R32238-160, MCKEAN FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 8000, BRADFORD, PA 16701. Signed by Judge Tanya S. Chutkan on 1/13/17. (DJS) (Entered: 01/13/2017)
2017-01-17		Set/Reset Deadlines: Summary Judgment motions due by 2/9/2017. Response to Motion for Summary Judgment due by 3/9/2017. Reply to Motion for Summary Judgment due by 3/29/2017. (tb) (Entered: 01/17/2017)
2017-01-17	14	Memorandum in opposition to re 13 Second MOTION for Briefing Schedule filed by ANTHONY L. VIOLA. (td) (Entered: 01/23/2017)
2017-02-09	15	MOTION for Summary Judgment by UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts, # 2 Exhibit, # 3 Text of Proposed Order)(Holloway, Tammy) (Entered: 02/09/2017)
2017-02-10	16	ERRATA by UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE 15 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO. (Attachments: # 1 Exhibit)(Holloway, Tammy) (Entered: 02/10/2017)
2017-02-15	17	FOX NEAL ORDER advising plaintiff to respond or Court may deem matter as conceded. The Clerk of the court shall mail a copy of this order to: ANTHONY L. VIOLA, R32238-160, MCKEAN FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 8000, BRADFORD, PA 16701. Response due by 3/16/2017 Signed by Judge Tanya S. Chutkan on 2/15/17. (DJS) (Entered: 02/15/2017)
2017-03-02	18	Memorandum in opposition to re 15 MOTION for Summary Judgment filed by ANTHONY L. VIOLA. (td) (Entered: 03/06/2017)
2017-03-28	19	MOTION for Extension of Time to File Response/Reply by UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE (Holloway, Tammy) (Entered: 03/28/2017)
2017-03-28		MINUTE ORDER: The court hereby GRANTS 19 Defendants' Motion for Extension of Time to File Their Reply Brief. Defendants are ORDERED to file their Reply by 5/15/2017. The Clerk of the Court shall mail a copy of this order to: ANTHONY L. VIOLA, R32238-160, MCKEAN FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 8000, BRADFORD, PA 16701. Signed by Judge Tanya S. Chutkan on 3/28/2017. (lctsc2) (Entered: 03/28/2017)
2017-03-28		Set/Reset Deadlines: Reply due by 5/15/2017. (tb) (Entered: 03/28/2017)
2017-04-06	20	MOTION to Take Judicial Notice by ANTHONY L. VIOLA (td) (Entered: 04/10/2017)
2017-05-08	21	MOTION for Sanctions by ANTHONY L. VIOLA (td) (Entered: 05/09/2017)
2017-05-12	22	NOTICE to Withdraw Motion for Summary Judgment and Motion for an Enlargement of Time to File Its renewed Motion for Summary Judgment by UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE (Holloway, Tammy) Modified on 5/15/2017 to correct docket event/text (jf). (Entered: 05/12/2017)
2017-05-15		MINUTE ORDER: Upon consideration of 22 Defendants' Notice of Withdrawal of their Motion for Summary Judgment, it is hereby ORDERED that Defendants' Renewed Motion for Summary Judgment is due by 6/2/2017. Plaintiffs' Opposition is due by 7/14/2017, and Defendants' Reply is due by 8/4/2017. Signed by Judge Tanya S. Chutkan on 5/15/2017. The Clerk of the Court shall mail a copy of this order to: ANTHONY L. VIOLA, R32238-160, MCKEAN FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 8000, BRADFORD, PA 16701. (lctsc2) (Entered: 05/15/2017)
2017-05-16		Set/Reset Deadlines: Renewed Summary Judgment motion due by 6/2/2017. Response to Motion for Summary Judgment due by 7/14/2017. Reply to Motion for Summary Judgment due by 8/4/2017. (tb) (Entered: 05/16/2017)
2017-06-01	23	MOTION for Summary Judgment by UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts, # 2 Exhibit, # 3 Text of Proposed Order)(Holloway, Tammy) (Entered: 06/01/2017)
2017-06-08	24	FOX NEAL ORDER advising plaintiff to respond or Court may deem matter as conceded. Response due by 7/14/2017. The Clerk of the Court shall mail a copy of this order to: ANTHONY L. VIOLA, R32238-160, MCKEAN FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 8000. BRADFORD, PA 16701. Signed by Judge Tanya S. Chutkan on 6/8/17. (DJS) (Entered: 06/08/2017)
2017-06-16	25	Memorandum in opposition to re 23 MOTION for Summary Judgment filed by ANTHONY L. VIOLA. (td) (Entered: 06/16/2017)
2017-07-26	26	NOTICE OF SUBSTITUTION OF COUNSEL by Melanie Dyani Hendry on behalf of UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE Substituting for attorney Tammy Holloway (Hendry, Melanie) (Entered: 07/26/2017)
2017-07-26	27	MOTION for Extension of Time to File Response/Reply by UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Proposed Order)(Hendry, Melanie) (Entered: 07/26/2017)
2017-07-27		MINUTE ORDER: Granting 27 Motion for Extension of Time to File Response/Reply. Defendants' reply due September 8, 2017. Signed by Judge Tanya S. Chutkan on 7/27/17. (DJS) (Entered: 07/27/2017)
2017-08-01		Set/Reset Deadlines: Defendants' Reply in support of its Motion for Summary Judgment is due by 9/8/2017. (jth) (Entered: 08/01/2017)
2017-08-21	28	SUPPLEMENTAL MEMORANDUM in Support of re 25 Memorandum in Opposition filed by ANTHONY L. VIOLA. (td) (Entered: 08/25/2017)
2017-09-06	29	MOTION for Extension of Time to File Response/Reply by UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Hendry, Melanie) (Entered: 09/06/2017)
2017-09-08	30	NOTICE re Confirmation of Exhausted All Administrative Remedies by ANTHONY L. VIOLA (jf) (Entered: 09/12/2017)
2017-09-28	31	REPLY to opposition to motion re 23 MOTION for Summary Judgment filed by UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Third Declaration of David Hardy)(Hendry, Melanie) (Entered: 09/28/2017)
2017-10-03		MINUTE ORDER: Granting nunc pro tunc 29 Motion for Extension of Time to File Response/Reply. The court requires no additional briefing in order to rule on the pending motions. Accordingly, the court hereby orders that-until the parties are notified to the contrary-no further filings in this action will be permitted absent leave of court. The Clerk of the Court shall mail a copy of this order to: ANTHONY L. VIOLA, R32238-160, MCKEAN FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 8000. BRADFORD, PA 16701. Signed by Judge Tanya S. Chutkan on 10/3/17. (DJS) (Entered: 10/03/2017)
2018-03-31	32	MEMORANDUM AND OPINION re Defendant's Motion 23 for Summary Judgment. Signed by Judge Tanya S. Chutkan on 3/31/18. (DJS) (Entered: 03/31/2018)
2018-03-31	33	ORDER granting in part and denying in part 23 Defendant's Motion for Summary Judgment. The Clerk of the Court shall mail a copy of this ORDER and the accompanying Memorandum Opinion to: ANTHONY L. VIOLA, R32238-160, MCKEAN FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 8000, BRADFORD, PA 16701. Signed by Judge Tanya S. Chutkan on 3/31/18. (DJS) (Entered: 03/31/2018)
2018-03-31		MINUTE ORDER finding as moot 20 Plaintiff's Motion to Take Judicial Notice; finding as moot 21 Plaintiff's Motion for Sanctions. Signed by Judge Tanya S. Chutkan on 3/31/18. (DJS) Modified event title on 4/2/2018 (znmw). (Entered: 03/31/2018)
2018-04-04		MINUTE ORDER: By April 15, 2018 the Defendants shall file a status report and proposed schedule for moving forward on the remaining issue in this action. The Clerk of the Court shall mail a copy of this order to: ANTHONY L. VIOLA, R32238-160, MCKEAN FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 8000, BRADFORD, PA 16701. Signed by Judge Tanya S. Chutkan on 4/4/18. (DJS) (Entered: 04/04/2018)
2018-04-04		Set/Reset Deadlines: Status Report and proposed schedule due by 4/15/2018. (jl) (Entered: 04/05/2018)
2018-04-13	35	MOTION for Reconsideration re 32 Memorandum & Opinion, Order on Motion for Order, Order on Motion for Sanctions, 33 Order on Motion for Summary Judgment, by ANTHONY L. VIOLA (td) (Main Document 35 replaced on 4/23/2018) (td). Modified on 4/23/2018 to add page 2 (td). (Entered: 04/18/2018)
2018-04-16	34	STATUS REPORT and Proposed Schedule by UNITED STATES DEPARTMENT OF JUSTICE. (Hendry, Melanie) (Entered: 04/16/2018)
2018-04-16		MINUTE ORDER: The FBI shall file its Motion for Summary Judgment by 5/25/18. Plaintiff's Response due 6/25/18. FBI's Reply due 7/20/18. The Clerk of the Court shall mail a copy of this order to: ANTHONY L. VIOLA, R32238-160, MCKEAN FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 8000, BRADFORD, PA 16701. Signed by Judge Tanya S. Chutkan on 4/16/18. (DJS) (Entered: 04/16/2018)
2018-04-17		Set/Reset Deadlines: Summary Judgment motion due by 5/25/2018. Response to Motion for Summary Judgment due by 6/25/2018. Reply to Motion for Summary Judgment due by 7/20/2018. (tb) (Entered: 04/17/2018)
2018-04-24	36	MOTION for Extension of Time to File Response/Reply as to 35 MOTION for Reconsideration re 32 Memorandum & Opinion, Order on Motion for Order, Order on Motion for Sanctions, 33 Order on Motion for Summary Judgment, by UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE (Hendry, Melanie) (Entered: 04/24/2018)
2018-05-01		MINUTE ORDER: Granting 36 Defendants' Motion for Extension of Time to File Response/Reply. Defendants shall file their response to Plaintiff's Motion for Reconsideration 5 by May 25, 2018. Plaintiff shall file his reply brief by June 11, 2018. Plaintiff is hereby reminded that new issues cannot be raised in a reply brief and the court may strike any such issues included in the reply. The Clerk of the Court shall mail a copy of this order to: ANTHONY L. VIOLA, R32238-160, MCKEAN FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 8000, BRADFORD, PA 16701. Signed by Judge Tanya S. Chutkan on 5/1/18. (DJS) (Entered: 05/01/2018)
2018-05-01		Set/Reset Deadlines: Response to motion for reconsideration due by 5/25/2018. Reply due by 6/11/2018. (tb) (Entered: 05/01/2018)
2018-05-23	37	MOTION for Extension of Time to File Oppositon to Motion for Reconsideration and Renewed Summary Judgment Motion by UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE (Hendry, Melanie) (Entered: 05/23/2018)
2018-05-24		MINUTE ORDER : Granting 37 Defendants' Motion for Extension of Time to File Reply. Defendants' reply due June 22, 2018. Defendants' renewed motion for summary judgment shall be filed within 45 days after entry of the Court's Order concerning Plaintiff's Motion for Reconsideration. THE COURT WILL VIEW FURTHER REQUESTS FOR EXTENSIONS WITH DISFAVOR. The Clerk of the Court shall mail a copy of this order to: ANTHONY L. VIOLA, R32238-160, MCKEAN FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 8000, BRADFORD, PA 16701. Signed by Judge Tanya S. Chutkan on 5/24/18. (DJS) (Entered: 05/24/2018)
2018-05-25		Set/Reset Deadlines: Reply to Motion for Summary Judgment due by 6/22/2018. (tb) (Entered: 05/25/2018)
2018-06-22	38	RESPONSE re 35 MOTION for Reconsideration re 32 Memorandum & Opinion, Order on Motion for Order, Order on Motion for Sanctions, 33 Order on Motion for Summary Judgment, filed by UNITED STATES DEPARTMENT OF JUSTICE. (Hendry, Melanie) (Entered: 06/22/2018)
2018-06-29	39	Order advising plaintiff to file reply by July 20, 2018. Response limited to eight pages. The Clerk of the Court shall mail a copy of this order to: ANTHONY L. VIOLA, R32238-160, MCKEAN FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 8000, BRADFORD, PA 16701. Signed by Judge Tanya S. Chutkan on 6/29/18. (DJS) (Entered: 06/29/2018)
2018-07-05	40	REPLY to opposition to motion re 35 MOTION for Reconsideration re 32 Memorandum & Opinion, Order on Motion for Order, Order on Motion for Sanctions, 33 Order on Motion for Summary Judgment, filed by ANTHONY L. VIOLA. (ztd) (Entered: 07/10/2018)
2019-03-31	41	ORDER Granting in part and Denying in part Plaintiff's Motion 35 for Reconsideration. A Memorandum Opinion will be issued shortly, absent unforeseen circumstances. The Clerk of the Court shall mail a copy of this order to: ANTHONY L. VIOLA, R32238-160, MCKEAN FEDERAL ORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 8000, BRADFORD, PA 16701. Signed by Judge Tanya S. Chutkan on 3/31/19. (DJS) (Entered: 03/31/2019)
2019-06-11	42	MEMORANDUM AND OPINION re Plaintiff's Motion to Reconsider 35 . Signed by Judge Tanya S. Chutkan on 6/11/19. (DJS) (Entered: 06/11/2019)
2019-06-11	43	AMENDED ORDER (amending 41 ): Granting in part an denying in part Plaintiff's Motion for Reconsideration 35 . Defendant's Supplemental Brief due 7/1/19. The Clerk of the Court shall mail a copy of the Memorandum Opinion 42 and a copy of this order to: ANTHONY L. VIOLA R32238-160 MCKEAN FEDERAL CORRECTIONAL INSTITUTION Inmate Mail/Parcels P.O. BOX 8000, BRADFORD, PA 16701. Signed by Judge Tanya S. Chutkan on 6/11/19. (DJS) (Entered: 06/11/2019)
2019-06-18		Set/Reset Deadlines: Supplemental Brief due by 7/1/2019. (tb) (Entered: 06/18/2019)
2019-06-28	44	MOTION for Extension of Time to File Supplemental Motion for Summary Judgment by UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE (Hendry, Melanie) (Entered: 06/28/2019)
2019-06-28		MINUTE ORDER: Granting 44 Motion for Extension of Deadlines. Defendant's Supplemental Motion due July 26, 2019. The Clerk of the Court shall mail a copy of this order to: ANTHONY L. VIOLA, R32238-160, MCKEAN FEDERAL ORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 8000, BRADFORD, PA 16701. Signed by Judge Tanya S. Chutkan on 6/28/19. (DJS) (Entered: 06/28/2019)
2019-06-29		Set/Reset Deadlines: Defendant's Supplemental Motion due by 7/26/2019. (jth) (Entered: 06/29/2019)
2019-07-25	45	MOTION for Extension of Time to File Supplemental Summary Judgment Motion by UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE (Hendry, Melanie) (Entered: 07/25/2019)
2019-07-26		MINUTE ORDER: Granting 45 Motion for Extension of Deadlines. Defendants' Supplemental Motion for Summary Judgment due September 20, 2019. The court will view further requests for an extension by Defendants with disfavor. The Clerk of the Court shall mail a copy of this order to: ANTHONY L. VIOLA R32238-160 MCKEAN FEDERAL CORRECTIONAL INSTITUTION Inmate Mail/Parcels P.O. BOX 8000, BRADFORD, PA 16701. Signed by Judge Tanya S. Chutkan on 7/26/19. (DJS) (Entered: 07/26/2019)
2019-08-07	46	NOTICE OF SUBSTITUTION OF COUNSEL by John Moustakas on behalf of UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE Substituting for attorney Melanie Hendry (Moustakas, John) (Entered: 08/07/2019)
2019-08-08	47	ERRATA by UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE. (Certificate of service filed re substitution of counsel) (Attachments: # 1 Supplement)(Moustakas, John) Modified on 8/26/2019 (DJS). (Entered: 08/08/2019)
2019-09-20	48	MOTION for Extension of Time to File Supplemental Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Moustakas, John) (Entered: 09/20/2019)
2019-09-30		MINUTE ORDER: Granting 48 Motion for Extension of Deadlines. Defendants' Motion due 10/4/19. Further requests for extensions will be viewed with extreme disfavor. The Clerk of the Court shall mail a copy of this order to ANTHONY L. VIOLA R32238-160 MCKEAN FEDERAL CORRECTIONAL INSTITUTION Inmate Mail/Parcels P.O. BOX 8000, BRADFORD, PA 16701. Signed by Judge Tanya S. Chutkan on 9/30/19. (DJS) (Entered: 09/30/2019)
2019-09-30		Set/Reset Deadlines: Defendants' Motion due by 10/4/2019. (zjd) (Entered: 10/01/2019)
2019-10-04	49	MOTION for Extension of Time to File by UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE (ztd) (Entered: 10/08/2019)
2019-10-08	50	NOTICE of Proposed Order Granting Motion to Extend by UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE re 49 MOTION for Extension of Time to File (Moustakas, John) (Entered: 10/08/2019)
2019-10-08	51	MOTION to Vacate and/or Stay the Supplemental Summary Judgment Briefing Schedule by UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE (Moustakas, John). Added MOTION to Stay on 10/8/2019 (ztd). (Entered: 10/08/2019)
2019-10-08	52	MOTION to Vacate 32 Memorandum & Opinion, Order on Motion for Order, Order on Motion for Sanctions, 42 Memorandum & Opinion, 43 Order, 33 Order on Motion for Summary Judgment, by ANTHONY L. VIOLA (ztd) (Entered: 10/15/2019)
2019-10-16		MINUTE ORDER: Defendant's motion [ 51] to vacate or stay the supplemental briefing schedule is hereby granted in part and denied in part. Briefing is hereby stayed on the Paul Tomko records. Defendant shall make its first release to Plaintiff of all non-exempt Tomko records by 11/15/19 and its second release by 12/16/19. Defendant shall file a proposed briefing schedule with respect to those records by 1/1/20. Defendant's brief on the Exemption 7 defense is due 10/30/19. Absent EXTRAORDINARY CIRCUMSTANCES the court will not entertain a motion to continue the briefing schedule. Had defendant properly responded to this issue when raised by the Plaintiff in his motion to reconsider, supplemental briefing would not be necessary. Plaintiff's motion 52 to vacate this court's prior summary judgment decisions is hereby denied without prejudice. Plaintiff has not established how the government's incorrect description of documents in its Vaughn index and its decision to reprocess and resubmit its Vaughn index-in a separate case-have bearing on the present litigation. Defendant's motion 49 for an extension of the briefing schedule is moot. The Clerk of the Court shall mail a copy of this order to: ANTHONY L. VIOLA, R32238-160, MCKEAN FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 8000, BRADFORD, PA 16701. Signed by Judge Tanya S. Chutkan on 10/16/19. (DJS) (Entered: 10/16/2019)
2019-10-18		Set/Reset Deadlines: Proposed Briefing Schedule due by 11/20/2019. (tb) (Entered: 10/18/2019)
2019-10-21	53	Memorandum in opposition to re 51 MOTION to Vacate and/or Stay the Supplemental Summary Judgment Briefing Schedule MOTION to Stay filed by ANTHONY L. VIOLA. (ztd) (Entered: 10/23/2019)
2019-10-21	54	Renewed MOTION to Vacate by ANTHONY L. VIOLA (ztd) (Entered: 10/23/2019)
2019-10-25		MINUTE ORDER denying without prejudice 54 Plaintiff's Renewed Motion to Vacate this court's prior summary judgment decisions for the same reasons as set forth in this court's 10/16/19 Minute Order. Plaintiff has not established how the government's incorrect description of documents in its Vaughn index and its decision to reprocess and resubmit its Vaughn index-in a separate case-have bearing on the present litigation. The Clerk of the Court shall mail a copy of this order to: ANTHONY L. VIOLA, R32238-160, MCKEAN FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 8000, BRADFORD, PA 16701. Signed by Judge Tanya S. Chutkan on 10/25/19. (DJS) (Entered: 10/25/2019)
2019-10-30	55	Supplemental MOTION for Summary Judgment by UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts, # 2 Declaration Fourth Hardy Decl.)(Moustakas, John) (Entered: 10/30/2019)
2019-10-30	56	FOX NEAL Order advising plaintiff to respond or Court may deem matter as conceded. Plaintiff's Response due by 12/2/2019. The Clerk of the Court shall mail a copy of this order to: ANTHONY L. VIOLA, R32238-160, MCKEAN FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 8000, BRADFORD, PA 16701. Signed by Judge Tanya S. Chutkan on 10/30/19. (DJS) (Entered: 10/30/2019)
2019-10-31		Set/Reset Deadlines: Response due by 12/2/2019. (tb) (Entered: 10/31/2019)
2019-11-21	57	RESPONSE TO ORDER OF THE COURT re 56 Fox/Neal Order, filed by ANTHONY L. VIOLA. (ztd) (Entered: 11/22/2019)
2019-12-02		MINUTE ORDER: The court having considered the Plaintiff's Notice 57 , hereby extends the Plaintiff's obligation to respond to Defendants' Supplemental Motion for Summary Judgment 55 until 1/31/20. All other directives in this court' 10/30/19 Order 56 , remained unchanged. The Clerk of the Court shall mail a copy of this order AND a copy of Defendant's Supplemental Motion for Summary Judgment 55 to: ANTHONY L. VIOLA, R32238-160, MCKEAN FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 8000, BRADFORD, PA 16701 Signed by Judge Tanya S. Chutkan on 12/2/19. (DJS) (Entered: 12/02/2019)
2020-01-14	58	Letter from Plaintiff (ztd); "Leave to file Granted" signed 1/11/2020 by Judge Tanya Chutkan (Entered: 01/27/2020)
2020-01-27	59	Memorandum in opposition to re 55 Supplemental MOTION for Summary Judgment filed by ANTHONY L. VIOLA. (Attachments: # 1 Exhibit)(ztd) (Entered: 01/30/2020)
2020-01-27	60	MOTION to Vacate 32 Memorandum & Opinion, 42 Memorandum & Opinion by ANTHONY L. VIOLA (ztd) (Entered: 01/30/2020)
2020-01-27	61	AFFIDAVIT by ANTHONY L. VIOLA. (Attachments: # 1 Exhibit)(ztd) (Entered: 01/30/2020)
2020-01-27	62	NOTICE of Change of Address by ANTHONY L. VIOLA (ztd) (Entered: 01/30/2020)
2020-03-09	63	MOTION for Judgment by ANTHONY L. VIOLA (ztd) (Entered: 03/11/2020)
2020-03-26	64	Civil Statement from Plaintiff. (Attachments: # 1 Exhibit)(ztd) (Entered: 03/27/2020)
2020-03-27		MINUTE ORDER: Having considered the current national emergency, the Standing Order issued by Chief Judge Howell on March 16, 2020 (available on the District Court's website), as well as the court's current staffing levels, this action is hereby STAYED (including all briefing deadlines) pending further order of the court. The Clerk of the Court shall send a copy of the this Order, along with a copy of the Chief Judge's Order to: ANTHONY L. VIOLA, R32238-160, LEWISBURG FEDERAL PRISON, P.O. BOX 2000 Lewisburg, PA 17837. Signed by Judge Tanya S. Chutkan on 3/27/2020. (DJS) (Entered: 03/27/2020)
2020-05-11	65	NOTICE of Change of Address by ANTHONY L. VIOLA. (ztth) (Entered: 05/12/2020)
2020-07-01	66	Letter from Plaintiff regarding briefing schedule (ztd); ("Leave to file GRANTED" signed 7/1/2020) (Entered: 07/08/2020)
2020-07-10	67	MOTION to Take Judicial Notice by ANTHONY L. VIOLA (ztd) (Entered: 07/14/2020)
2021-11-12	68	PER CURIAM ORDER of USCA (certified copy) filed; granting the motion to proceed in forma pauperis, denying petitioner's requests for mandamus relief for appointment of counsel and investigation of a district court judge in Ohio; USCA Case Number 21-5212. (znmw) (Entered: 11/16/2021)
2022-03-31	69	MEMORANDUM AND OPINION re Defendants' Supplemental Motion for Summary Judgment 55 , Plaintiff's Motion to Vacate 60 , Plaintiff's Motion for Judgment 63 . and Plaintiff's Motion to Take Judicial Notice 67 . Signed by Judge Tanya S. Chutkan on 3/31/22. (DJS) (Entered: 03/31/2022)
2022-03-31	70	ORDER granting 55 Defendants' Motion for Summary Judgment; Denying 60 Plaintiff's MOTION to Vacate; Plaintiff's 63 MOTION for Judgment, and Plaintiff's 67 MOTION to Take Judicial Notice. The Clerk of the Court shall mail a copy of this order and the accompanying Memorandum Opinion to the Plaintiff at his address of record. Signed by Judge Tanya S. Chutkan on 3/31/22. (DJS) (Entered: 03/31/2022)
2022-04-15		MINUTE ORDER: By 4/29/22 the parties shall meet, confer and the Defendants shall file a joint status report on behalf of the parties with a proposed schedule for moving forward in this case as to the only remaining issue: Plaintiff's FOIA request for records relating to Tomko. The report shall be accompanied by a proposed order. Separate reports will be stricken sua sponte. The Clerk of the Court shall mail a copy of this order to Plaintiff at his address of record. Signed by Judge Tanya S. Chutkan on 4/15/22. (DJS) (Entered: 04/15/2022)
2022-04-19		Set/Reset Deadlines: Joint Status Report due by 4/29/2022. (tb) (Entered: 04/19/2022)
2022-04-29	71	Joint STATUS REPORT by UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE. (Moustakas, John) (Entered: 04/29/2022)
2022-05-03	72	ORDER of USCA (certified copy) dismissing petition for writ of mandamus; USCA Case Number 21-5212. (znmw) (Entered: 05/04/2022)
2022-06-21		MINUTE ORDER: By 7/8/22 the parties shall file a Joint Status Report and proposed order. The Clerk of the Court shall mail a copy of this order to Plaintiff at his address of record. Signed by Judge Tanya S. Chutkan on 6/21/22. (DJS) (Entered: 06/21/2022)
2022-07-08	73	Joint STATUS REPORT by UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE. (Moustakas, John) (Entered: 07/09/2022)
2022-07-09		MINUTE ORDER: Having considered the parties' joint status report, it is hereby ordered that the parties shall file another joint report by 9/20/22 and every 30 days thereafter. To the extent one or more parties propose a briefing schedule or other change in the status quo, the report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 7/9/22. (DJS) (Entered: 07/09/2022)
2022-07-12		Set/Reset Deadlines: Joint Report due by 9/20/2022. (tb) (Entered: 07/12/2022)
2022-07-12	74	MOTION to Include Frank Russo Obituary on the Record by ANTHONY L. VIOLA. (Attachment: # 1 Exhibit)(zjm) (Entered: 07/13/2022)
2022-08-03		MINUTE ORDER granting 74 Motion to File Obituary. Signed by Judge Tanya S. Chutkan on 8/23/22. (DJS) (Entered: 08/03/2022)
2022-08-03	75	NOTICE of Filing Obituary of Frank Russo by ANTHONY L. VIOLA (znmw) (Entered: 08/04/2022)
2022-09-20	76	Joint STATUS REPORT by UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE. (Moustakas, John) (Entered: 09/20/2022)
2023-01-24	77	MOTION to Reconsider Earlier Rulings by ANTHONY L. VIOLA. (Attachment: # 1 Exhibit A)(zjm) (Entered: 01/26/2023)
2023-01-24	78	Joint MOTION to Request Briefing Schedule by ANTHONY L. VIOLA. (Attachment: # 1 Exhibit A)(zjm) (Entered: 01/26/2023)
2023-08-03	79	ORDER of USCA denying Petition for Writ of Mandamus; USCA Case Number 23-5137. (znmw) (Entered: 08/03/2023)
2023-09-05	80	MOTION for Leave to File Motion by ANTHONY L. VIOLA. (Attachment: # 1 Motion for Sanctions)(zjm) (Entered: 09/11/2023)
2023-09-26	81	ORDER denying 77 Plaintiff's Motion for Reconsideration; denying 78 Plaintiff's Motion for Briefing Schedule; denying 80 Plaintiff's Motion for Leave to File. DOJ's motion for summary judgment relating solely to its search for Tomko records due 11/1/2023. Plaintiff's combined response/cross motion relating solely to the Tomko search due 12/1/2023. Plaintiff's filing shall be double spaced, in 12-point font. DOJ's reply due 1/8/2024. Any failure to timely and sufficiently comply with this order, the Federal Rules of Civil Procedure or rules of this court may result in sanctions, up to and including dismissal of this action without further notice. The Clerk of the Court shall mail a copy of this Order to Plaintiff at his address of record. Signed by Judge Tanya S. Chutkan on 9/26/2023. (lca) (Entered: 09/26/2023)
2023-09-27		Set/Reset Deadlines: Summary Judgment Motion due by 11/1/2023. Response to Motion for Summary Judgment & Cross Motion due by 12/1/2023. Reply to Motion for Summary Judgment due by 1/8/2024. (zkh) (Entered: 09/27/2023)
2023-10-31	82	MOTION for Extension of Time to File Supplemental Motion for Summary Judgment by UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE. (Moustakas, John) (Entered: 10/31/2023)
2023-11-01		MINUTE ORDER: GRANTING 82 Defendants' Motion for Extension of Time. Defendants' supplemental motion for summary judgment is due 12/1/2023. Plaintiff's combined response/cross motion relating solely to the Tomko search is due 1/10/2024. Plaintiff's filing shall be double spaced, in 12-point font. DOJ's reply is due 2/9/2024. Any failure to timely and sufficiently comply with this order, the Federal Rules of Civil Procedure or rules of this court may result in sanctions, up to and including dismissal of this action without further notice. The Clerk of the Court shall mail a copy of this order to Plaintiff at his address of record. Signed by Judge Tanya S. Chutkan on 11/1/2023. (lca) (Entered: 11/01/2023)
2023-11-01		Set/Reset Deadlines: Supplemental Summary Judgment motions due by 12/1/2023. Response to Motion for Summary Judgment due by 1/10/2024. Cross Motions due by 1/10/2024. Response to Cross Motions due by 2/9/2024. Reply to Motion for Summary Judgment due by 2/9/2024. (znbn) (Entered: 11/01/2023)
2023-11-03		MINUTE ORDER: Amending the deadlines in the 11/1/2023 Minute Order to add that any reply by Plaintiff in support of Plaintiff's cross-motion for summary judgment relating to the Tomko search is due 3/1/2024. The Clerk of the Court shall mail a copy of this order to Plaintiff at his address of record. Signed by Judge Tanya S. Chutkan on 11/3/2023. (lca) (Entered: 11/03/2023)
2023-11-03		Set/Reset Deadlines: Plaintiff Reply due by 3/1/2024. See Minute Order. (zglw) (Entered: 11/03/2023)
2023-12-02	83	MOTION for Extension of Time to File Supplemental Motion for Summary Judgment by UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE. (Moustakas, John) (Entered: 12/02/2023)
2023-12-04		MINUTE ORDER: GRANTING in part and DENYING in part 83 Defendants' Motion for Extension of Time. Defendants' supplemental motion for summary judgment is due 12/6/2023. Plaintiff's combined response/cross motion relating solely to the Tomko search is due 1/17/2024. Defendants' reply is due 2/16/2024. Any reply by Plaintiff in support of Plaintiff's cross-motion for summary judgment relating to the Tomko search is due 3/8/2024. Plaintiff's filings shall be double spaced, in 12-point font. Any failure to timely and sufficiently comply with this order, the Federal Rules of Civil Procedure or rules of this court may result in sanctions, up to and including dismissal of this action without further notice. The Clerk of the Court shall mail a copy of this order to Plaintiff at his address of record. Signed by Judge Tanya S. Chutkan on 12/4/2023. (lca) (Entered: 12/04/2023)
2023-12-06		Set/Reset Deadlines/Hearings: Cross Motions due by 1/17/2024. Response to Cross Motions due by 2/16/2024. Reply to Cross Motions due by 3/8/2024. Summary Judgment motions due by 12/6/2023. Response to Motion for Summary Judgment due by 1/17/2024. Reply to Motion for Summary Judgment due by 2/16/2024. (zed) (Entered: 12/06/2023)
2023-12-06	84	MOTION for Summary Judgment by UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts Defendants' Statement of Facts and Attached Exhibit, # 2 Declaration Seidel Declaration with Exhibits)(Moustakas, John) (Entered: 12/06/2023)
2024-01-02	85	FOX/NEAL ORDER: Plaintiff shall file his opposition or other response to the motion for summary judgment, ECF No. 84, no later than January 17, 2024. If Plaintiff does not respond by that date or does not fully respond to the arguments raised by Defendants, the court may treat the motion as conceded and dismiss the claims asserted. Failure to adhere to the court's Local Rules, the Federal Rules of Civil Procedure, or any orders of this court may result in sanctions, up to and including dismissal of this action. See Order for further details. The Clerk of the Court shall mail a copy of this order to Plaintiff at his address of record. Signed by Judge Tanya S. Chutkan on 1/2/2024. (lca) (Entered: 01/02/2024)
2024-01-03	86	LEAVE TO FILE DENIED- Karen Pasela & Edward Pasela - Notice. This document is unavailable as the Court denied its filing. Pro Se party has been notified by first class mail. "LEAVE TO FILED DENIED. The relevance of the document is unclear, and movants cite no basis for entry of a document submitted by third parties to this FOIA litigation." Signed by Judge Tanya S. Chutkan on 01/03/2024. (zjm) (Entered: 01/04/2024)
2024-01-08	87	Memorandum in opposition to re 84 Motion for Summary Judgment, filed by ANTHONY L. VIOLA. (Attachment: # 1 Exhibits)(zjm) (Entered: 01/10/2024)
2024-02-15	88	NOTICE OF SUBSTITUTION OF COUNSEL by Kartik Narayan Venguswamy on behalf of UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE Substituting for attorney John Moustakas (Venguswamy, Kartik) (Entered: 02/15/2024)
2024-02-15	89	Consent MOTION for Extension of Time to File Response/Reply as to 84 MOTION for Summary Judgment by UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE. (Venguswamy, Kartik) (Entered: 02/15/2024)
2024-02-16		MINUTE ORDER: GRANTING Defendants' 89 Consent Motion for Extension of Time. Defendants' reply in support of the 84 motion for summary judgment is due February 23, 2024. The Clerk of the Court shall mail a copy of this order to Plaintiff at his address of record. Signed by Judge Tanya S. Chutkan on 2/16/2024. (lca) (Entered: 02/16/2024)
2024-02-22	90	Consent MOTION for Extension of Time to File Response/Reply as to 84 MOTION for Summary Judgment by UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE. (Venguswamy, Kartik) (Entered: 02/22/2024)
2024-02-23		MINUTE ORDER: GRANTING Defendants' 90 Consent Motion for Extension of Time. Defendants' reply in support of the 84 motion for summary judgment is due March 1, 2024. The Clerk of the Court shall mail a copy of this order to Plaintiff at his address of record. Signed by Judge Tanya S. Chutkan on 2/23/2024. (lca) (Entered: 02/23/2024)
2024-03-01	91	REPLY to opposition to motion re 84 MOTION for Summary Judgment filed by UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE. (Venguswamy, Kartik) (Entered: 03/01/2024)
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