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Case TitleSHAPIRO v. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv01959
Date Filed2016-09-30
Date ClosedOpen
JudgeJudge Dabney L. Friedrich
PlaintiffRYAN NOAH SHAPIRO
Case DescriptionResearcher Ryan Shapiro submitted a FOIA request to the Executive Office for U.S. Attorneys for records concerning the Lewis list, a list maintained by the U.S. Attorney's Office for the District of Columbia of police officers under investigation. The agency issued a Glomar response neither confirming nor denying the existence of records. EOUSA also told Shapiro that if he wanted public records he should make a separate request. Shapiro filed an administrative appeal and made a request for public records as well. The Office of Information Policy upheld the agency's Glomar response, but told the agency to search for records mentioning the Lewis list. In response to Shapiro's request for public records, EOUSA indicated that it found no records. Shapiro filed an administrative appeal for that response. Shapiro made a third FOIA request to EOUSA for records concerning the Lewis Committee, which was formed by USAO-DC to oversee compliance with the requirement to maintain a Lewis list. EOUSA acknowledged receipt of the request, but after hearing nothing further pertaining to any of the three requests, Shapiro filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDEPARTMENT OF JUSTICE
DefendantUS DEPT OF JUSTICE
DefendantU.S. DEPARTMENT OF JUSTICE
DefendantDISTRICT OF COLUMBIA
Office of the Attorney General for the District of Columbia
441 Fourth Street, N.W.
Suite 630 South
Washington, DC 20001
(202) 724-6591
DefendantDISTRICT OF COLUMBIA
TERMINATED: 08/10/2018
DefendantDISTRICT OF COLUMBIA
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [50]
FOIA Project Annotation: Judge Dabney Friedrich has ruled that affidavits submitted by the Department of Justice to justify its exemption claims in response to a request from researcher Ryan Shapiro for records concerning a Lewis list, which is used by the agency to determine whether allegations of misconduct must be disclosed in connection with court proceedings, are insufficient to justify its exemption claims. After explaining that affidavits were required in FOIA litigation to force the agency to analyze its exemption claims, enable the court to rule on the agency's claims, and, further, allow the requester enough information to challenge the agency's claims, Friedrich pointed out that "form follows function, and so agencies 'frequently rely on Vaughn indices' to satisfy these requirements. A Vaughn index is 'a system of itemizing and indexing' that correlates the agency's 'refusal justification with the actual portions of the document' withheld. That said, an agency's supporting materials can take any form so long as they meet all the requirements. . .Here, the Department of Justice has opted not to submit a Vaughn index. It relies instead on seven supporting affidavits. It also has offered to provide documents for in camera review if necessary." She indicated that "the Department's supporting affidavits do not satisfy these requirements." She found that there were multiple descriptions of what was contained in the Lewis list. She pointed out that "the Court cannot evaluate the justifications for withholding the Lewis List without more clarity about what it contains." Friedrich indicated that DOJ had withheld 3,199 emails from AUSA Roy McLeese, but that the agency had "described those emails as falling mainly into two categories. Not only did the Department fail to describe the emails that fell beyond those two categories, but also the descriptions of the two categories themselves are 'too vague and non-specific to evidence that [the agency] carefully analyzed all information withheld.'" Friedrich noted that "of course, the Department of Justice need not 'treat each document individually,' and 'codes and categories may be sufficiently particularized to carry the agency's burden of proof.' But the Department's submissions do not resemble the specificity of other submissions that the D.C. Circuit has blessed." Telling the agency to provide further justification, Friedrich indicated that the agency might well be able to justify its exemption claims by supplementing its current affidavits. But she pointed out that "for now, the Court lacks 'the minimal information necessary to make a determination' in this FOIA dispute."
Issues: Adequacy - Search
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-09-301COMPLAINT against DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-4694088) filed by RYAN NOAH SHAPIRO. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Attorney General, # 3 Summons Department of Justice, # 4 Summons USAO)(Light, Jeffrey) (Entered: 09/30/2016)
2016-10-03Case Assigned to Judge Randolph D. Moss. (zsb) (Entered: 10/03/2016)
2016-10-032SUMMONS (3) Issued Electronically as to DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(zsb) (Entered: 10/03/2016)
2016-10-043RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/4/2016. Answer due for ALL FEDERAL DEFENDANTS by 11/3/2016. (Light, Jeffrey) (Entered: 10/04/2016)
2016-10-134NOTICE of Appearance by William Mark Nebeker on behalf of DEPARTMENT OF JUSTICE (Nebeker, William) (Entered: 10/13/2016)
2016-11-025Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 11/02/2016)
2016-11-03MINUTE ORDER: Upon consideration of Defendant's Unopposed Motion for Extension of Time to File Answer 5 , the motion is hereby GRANTED. Defendant shall respond to Plaintiff's complaint on or before January 3, 2017. Signed by Judge Randolph D. Moss on 11/3/2016. (lcrdm3, ) (Entered: 11/03/2016)
2016-11-03Set/Reset Deadlines: Defendant shall respond to Plaintiff's complaint on or before 1/3/2017. (kt) (Entered: 11/03/2016)
2017-01-036Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 01/03/2017)
2017-01-03MINUTE ORDER: Upon consideration of Defendant's Unopposed Motion for Extension of Time to File Answer 6 , the motion is hereby GRANTED. It is ORDERED that Defendant shall respond to Plaintiff's Complaint on or before March 6, 2017. Signed by Judge Randolph D. Moss on 1/3/2017. (lcrdm3, ) (Entered: 01/03/2017)
2017-01-04Set/Reset Deadlines: Defendant shall respond to Plaintiff's Complaint on or before 3/6/2017. (kt) (Entered: 01/04/2017)
2017-03-14DISCHARGED PURSUANT TO MINUTE ORDER FILED ON 03/20/2017.....MINUTE ORDER TO SHOW CAUSE: On January 3, 2017, the Court granted Defendant's second motion for an extension of time and ordered Defendant to respond to Plaintiff's complaint on or before March 6, 2017. Defendant does not appear to have done so. Defendant is accordingly ORDERED to show cause on or before March 21, 2017, why a default should not be entered. Signed by Judge Randolph D. Moss on 3/14/2017. (lcrdm3, ) Modified on 3/27/2017 (jf). (Entered: 03/14/2017)
2017-03-15Set/Reset Deadlines: Defendant is to show cause on or before 3/21/2017, why a default should not be entered. (kt) (Entered: 03/15/2017)
2017-03-207RESPONSE TO ORDER OF THE COURT re Order to Show Cause, filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit Enlargement Motion (inadvertently unfiled on 3/3/17), # 2 Exhibit Proposed Order (inadvertently unfiled on 3/3/17))(Nebeker, William) (Entered: 03/20/2017)
2017-03-208Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 03/20/2017)
2017-03-20MINUTE ORDER: Upon consideration of Defendant's Response to Order of the Court 7 , it is hereby ORDERED that the Minute Order to Show Cause of March 14, 2017, be DISCHARGED for good cause shown. Upon consideration of Defendant's Unopposed Motion for Extension of Time to Respond to Complaint 8 , the motion is hereby GRANTED. It is FURTHER ORDERED that Defendant shall respond to Plaintiff's Complaint on or before April 14, 2017. Signed by Judge Randolph D. Moss on 3/20/2017. (lcrdm3, ) (Entered: 03/20/2017)
2017-03-20Set/Reset Deadlines: Defendant shall respond to Plaintiff's Complaint on or before 4/14/2017. (kt) (Entered: 03/20/2017)
2017-04-139Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 04/13/2017)
2017-04-14MINUTE ORDER: Upon consideration of Defendant's Unopposed Motion for Extension of Time to File Answer 9 , the motion is hereby GRANTED. It is ORDERED that Defendant shall respond to Plaintiff's Complaint on or before May 17, 2017. Signed by Judge Randolph D. Moss on 4/14/2017. (lcrdm3, ) (Entered: 04/14/2017)
2017-04-14Set/Reset Deadlines: Defendant shall respond to Plaintiff's Complaint on or before 5/17/2017. (kt) (Entered: 04/14/2017)
2017-05-1110Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 05/11/2017)
2017-05-12MINUTE ORDER: Upon consideration of Defendant's Unopposed Motion for Extension of Time to File Answer 10 , the motion is hereby GRANTED. It is ORDERED that Defendant shall respond to Plaintiff's Complaint on or before July 6, 2017. Signed by Judge Randolph D. Moss on 5/12/2017. (lcrdm3, ) (Entered: 05/12/2017)
2017-05-12Set/Reset Deadlines: Defendant shall respond to Plaintiff's Complaint on or before 7/6/2017. (kt) (Entered: 05/12/2017)
2017-06-2911Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 06/29/2017)
2017-07-06MINUTE ORDER: Upon consideration of Defendant's Unopposed Motion for Extension of Time to File Answer 11 , the motion is hereby GRANTED. It is ORDERED that Defendant shall respond to Plaintiff's Complaint on or before August 7, 2017. Signed by Judge Randolph D. Moss on 7/6/2017. (lcrdm3, ) (Entered: 07/06/2017)
2017-07-06Set/Reset Deadlines: Defendant's response to Plaintiff's Complaint due on or before 8/7/2017. (kt) (Entered: 07/06/2017)
2017-08-0412Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 08/04/2017)
2017-08-09MINUTE ORDER: Upon consideration of Defendant's Unopposed Motion for Extension of Time to File Answer 12 , the motion is hereby GRANTED. It is ORDERED that Defendant shall respond to Plaintiff's Complaint on or before September 7, 2017. Signed by Judge Randolph D. Moss on 8/9/2017. (lcrdm3, ) (Entered: 08/09/2017)
2017-08-09Set/Reset Deadlines: Defendant shall respond to Plaintiff's Complaint on or before 9/7/2017. (kt) (Entered: 08/09/2017)
2017-09-0613Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 09/06/2017)
2017-09-06MINUTE ORDER: Upon consideration of Defendant's unopposed Motion for Extension of Time to File Answer 13 , the Court hereby ORDERS that the motion be GRANTED. Defendant shall file its answer on or before September 19, 2017. Signed by Judge Randolph D. Moss on 9/6/17. (lcrdm3, ) (Entered: 09/06/2017)
2017-09-07Set/Reset Deadlines: Defendant shall file its answer on or before 9/19/2017. (kt) (Entered: 09/07/2017)
2017-09-1914MOTION to Dismiss , MOTION for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration (Declaration of Vinay J. Jolly), # 2 Declaration (Declaration of Gary A. Nails), # 3 Declaration (Declaration of Richard Tischner), # 4 Text of Proposed Order)(Nebeker, William) (Entered: 09/19/2017)
2017-09-2615Consent MOTION to Hold in Abeyance re 14 MOTION to Dismiss MOTION for Summary Judgment by RYAN NOAH SHAPIRO (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 09/26/2017)
2017-09-26MINUTE ORDER: In light of the Consent Motion to Hold in Abeyance Defendants' Motion to Dismiss or, in the Alternative, for Summary Judgment 15 , it is hereby ORDERED that the motion is GRANTED. All further briefing deadlines are hereby VACATED. The parties shall file a joint status report on or before October 19, 2017, setting forth a proposed briefing schedule. Signed by Judge Randolph D. Moss on 9/26/17. (lcrdm3, ) (Entered: 09/26/2017)
2017-09-27Set/Reset Deadlines: Joint Status Report due by 10/19/2017. (kt) (Entered: 09/27/2017)
2017-10-1916Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Nebeker, William) (Entered: 10/19/2017)
2017-10-20MINUTE ORDER: In light of the parties' Joint Status Report 16 , it is hereby ORDERED that (1) Plaintiff shall file any opposition to Defendant's Motion to Dismiss or, in the Alternative, for Summary Judgment 14 and any cross-motion for summary judgment on or before December 7, 2017; (2) Defendant shall file any reply and oppose any cross-motion on or before January 22, 2018; and (3) Plaintiff shall file any reply to the opposition to any cross-motion on or before February 19, 2018. Signed by Judge Randolph D. Moss on 10/20/17. (lcrdm3, ) (Entered: 10/20/2017)
2017-10-23Set/Reset Deadlines: Plaintiff shall file any opposition to Defendant's Motion to Dismiss or, in the Alternative, for Summary Judgment 14 and any cross-motion for summary judgment on or before 12/7/2017; Defendant shall file any reply and oppose any cross-motion on or before 1/22/2018; Plaintiff shall file any reply to the opposition to any cross-motion on or before 2/19/2018. (kt) (Entered: 10/23/2017)
2017-12-0517Consent MOTION for Extension of Time to File Response/Reply as to 14 MOTION to Dismiss MOTION for Summary Judgment by RYAN NOAH SHAPIRO (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 12/05/2017)
2017-12-05MINUTE ORDER: Upon consideration of Plaintiff's Consent Motion for an Extension of Time 17 , it is hereby ORDERED that the motion is GRANTED. The briefing deadlines set in the Court's Minute Order (Oct. 20, 2017) are hereby VACATED. It is further ORDERED that (1) Plaintiff shall file any opposition to Defendant's Motion to Dismiss or, in the Alternative, for Summary Judgment 14 and any cross-motion for summary judgment on or before December 11, 2017; (2) Defendant shall file any reply and oppose any cross-motion on or before January 26, 2018; and (3) Plaintiff shall file any reply to the opposition to any cross-motion on or before February 22, 2018. Signed by Judge Randolph D. Moss on 12/5/17. (lcrdm3, ) (Entered: 12/05/2017)
2017-12-05Set/Reset Deadlines: Plaintiff shall file any opposition to Defendant's Motion to Dismiss or, in the Alternative, for Summary Judgment and any cross-motion for summary judgment on or before 12/11/2017; Defendant shall file any reply and oppose any cross-motion on or before 1/26/2018; Plaintiff shall file any reply to the opposition to any cross-motion on or before 2/22/2018. (kt) (Entered: 12/05/2017)
2017-12-07Case directly reassigned to Judge Dabney L. Friedrich. Judge Randolph D. Moss is no longer assigned to the case. (ztnr) (Entered: 12/07/2017)
2017-12-1118Memorandum in opposition to re 14 MOTION to Dismiss MOTION for Summary Judgment filed by RYAN NOAH SHAPIRO. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Declaration Anderson, # 5 Text of Proposed Order, # 6 Statement of Facts Response)(Light, Jeffrey) (Entered: 12/12/2017)
2017-12-1219Cross MOTION for Summary Judgment by RYAN NOAH SHAPIRO (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Declaration Anderson, # 5 Text of Proposed Order, # 6 Statement of Facts)(Light, Jeffrey) (Entered: 12/12/2017)
2017-12-20MINUTE ORDER. It hereby is ORDERED that the parties shall continue to proceed in compliance with the orders and schedule previously set in this case. Signed by Judge Dabney L. Friedrich on December 20, 2017. (JK) (Entered: 12/20/2017)
2018-01-2320Unopposed MOTION for Extension of Time to File Response/Reply as to 19 Cross MOTION for Summary Judgment , 14 MOTION to Dismiss MOTION for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 01/23/2018)
2018-01-24MINUTE ORDER. Upon consideration of 20 Defendant's Unopposed Motion for Enlargement of Time, it is ORDERED that the motion is GRANTED. Defendant shall file its response and reply on or before February 28, 2018. Plaintiff shall file any reply to Defendant's opposition on or before March 28, 2018. Signed by Judge Dabney L. Friedrich on January 24, 2018. (MJS) (Entered: 01/24/2018)
2018-01-24Set/Reset Deadlines: Defendant's response due by 2/28/2018. Plaintiff's reply due by 3/28/2018. (jl) (Entered: 01/24/2018)
2018-02-2721Unopposed MOTION for Extension of Time to File Response/Reply as to 19 Cross MOTION for Summary Judgment , 14 MOTION to Dismiss MOTION for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 02/27/2018)
2018-02-27MINUTE ORDER. Upon consideration of Defendant's 21 Unopposed Motion for Enlargement of Time, it is ORDERED that the motion is GRANTED. Defendant shall oppose Plaintiff's cross-motion for summary judgment and reply to Plaintiff's opposition on or before March 9, 2018. Signed on February 27, 2018 by Judge Dabney L. Friedrich. (MJS) (Entered: 02/27/2018)
2018-02-28Set/Reset Deadlines: Defendant shall oppose Plaintiff's cross-motion for summary judgment and reply to Plaintiff's opposition by 3/9/2018. (kh) (Entered: 02/28/2018)
2018-03-0822Unopposed MOTION to Stay re 19 Cross MOTION for Summary Judgment , Set/Reset Deadlines, 14 MOTION to Dismiss MOTION for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 03/08/2018)
2018-03-09MINUTE ORDER. Upon consideration of Defendant's 22 Unopposed Motion to Stay Further Briefing, it is ORDERED that the motion is GRANTED. The parties shall submit a joint status report on or before April 26, 2018. Signed by Judge Dabney L. Friedrich on March 9, 2018. (MJS) (Entered: 03/09/2018)
2018-03-09Set/Reset Deadlines: Joint status report due by 4/26/2018. (jl) (Entered: 03/09/2018)
2018-04-2623Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Nebeker, William) (Entered: 04/26/2018)
2018-04-26MINUTE ORDER. In light of the parties' 23 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before July 11, 2018. Signed by Judge Dabney L. Friedrich on April 26, 2018. (MJS) (Entered: 04/26/2018)
2018-04-26Set/Reset Deadlines: Status Report due by 7/11/2018. (jl) (Entered: 04/27/2018)
2018-05-2224MOTION to Intervene by DISTRICT OF COLUMBIA (Attachments: # 1 Text of Proposed Order)(Rich, Robert) (Entered: 05/22/2018)
2018-05-2925Memorandum in opposition to re 24 MOTION to Intervene filed by RYAN NOAH SHAPIRO. (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 05/29/2018)
2018-06-0426REPLY to opposition to motion re 24 MOTION to Intervene filed by DISTRICT OF COLUMBIA. (Rich, Robert) (Entered: 06/04/2018)
2018-07-1127Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Nebeker, William) (Entered: 07/11/2018)
2018-08-1028ORDER denying the District of Columbia's 24 Motion to Intervene. See order for details. Signed by Judge Dabney L. Friedrich on August 10, 2018. (lcdlf2) (Entered: 08/10/2018)
2018-08-2329Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Nebeker, William) (Entered: 08/23/2018)
2018-08-23MINUTE ORDER adopting the proposal in the parties' 29 Joint Status Report. It is ORDERED that (1) the defendant shall reply to the plaintiff's opposition on or before October 23, 2018, (2) if the District of Columbia intends to submit an amicus brief, it will do so on or before October 23, 2018, and (3) the plaintiff shall reply to the opposition and any amicus brief on or before November 29, 2018. It is further ORDERED that if the defendant wishes to seek leave to file a sur-reply, the defendant will seek leave to do so on or before December 20, 2018. Signed by Judge Dabney L. Friedrich on August 23, 2018. (lcdlf2) (Entered: 08/23/2018)
2018-08-23Set/Reset Deadlines/Hearings: Defendant's reply and amicus brief due by 10/23/2018. Plaintiff's response and any amicus brief due by 11/29/2018. Defendant's optional request for leave to file a sur-reply due by 12/20/2018. (jl) (Entered: 08/24/2018)
2018-10-2330RESPONSE TO ORDER OF THE COURT re Order,,, Set Deadlines,, filed by DISTRICT OF COLUMBIA. (Attachments: # 1 Exhibit)(Rich, Robert) (Entered: 10/23/2018)
2018-10-2331Memorandum in opposition to re 19 Cross MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration Gary Nails (Second), # 2 Declaration Vinay Jolly (Second), # 3 Text of Proposed Order)(Nebeker, William) (Entered: 10/23/2018)
2018-10-2332REPLY to opposition to motion re 14 MOTION to Dismiss MOTION for Summary Judgment (same as Docket No. 31) filed by DEPARTMENT OF JUSTICE. (Nebeker, William) (Entered: 10/23/2018)
2018-10-2333NOTICE Of Filing Exhibit 1 by DEPARTMENT OF JUSTICE re 31 Memorandum in Opposition, 32 Reply to opposition to Motion (Attachments: # 1 Exhibit 1)(Nebeker, William) (Entered: 10/23/2018)
2018-11-2834MOTION to Vacate Order,,, Set Deadlines,, , MOTION to Stay re Order,,, Set Deadlines,, by RYAN NOAH SHAPIRO (Attachments: # 1 Text of Proposed Order, # 2 Text of Proposed Order)(Light, Jeffrey) (Entered: 11/28/2018)
2018-11-28MINUTE ORDER granting in part the plaintiff's 34 Motion to Vacate the Briefing Schedule, or in the Alternative to Stay Further Briefing. The Court denies the pending 14 19 motions without prejudice and directs the parties to file a status report on or before January 4, 2019. Signed by Judge Dabney L. Friedrich on November 28, 2018. (lcdlf2) (Entered: 11/28/2018)
2019-01-0235Unopposed MOTION to Stay (Defendant's Unopposed Motion to Stay Proceedings In Light of Lapse in Appropriations) by DEPARTMENT OF JUSTICE (Nebeker, William) (Entered: 01/02/2019)
2019-01-02MINUTE ORDER granting the defendant's 35 Unopposed Motion to Stay Proceedings in Light of Lapse in Appropriations. Accordingly, it is ORDERED that all proceedings in this matter are STAYED until appropriations are restored. It is FURTHER ORDERED that within two days of appropriations being restored, the parties shall file a joint status report proposing a schedule for further proceedings. Signed by Judge Dabney L. Friedrich on January 2, 2019. (lcdlf2) (Entered: 01/02/2019)
2019-01-2936Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Nebeker, William) (Entered: 01/29/2019)
2019-01-30MINUTE ORDER. Upon consideration of the parties' 36 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before February 21, 2019. Signed by Judge Dabney L. Friedrich on January 30, 2019. (lcdlf2) (Entered: 01/30/2019)
2019-01-30Set/Reset Deadlines/Hearings: Joint Status Report due by 2/21/2019. (jl) (Entered: 01/30/2019)
2019-02-2137Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Nebeker, William) (Entered: 02/21/2019)
2019-03-01MINUTE ORDER adopting the proposal in the parties' 37 Joint Status Report. The defendant shall file a renewed motion for summary judgment on or before April 23, 2019; the plaintiff shall file an opposition and any cross-motion for summary judgment on or before May 30, 2019; the defendant shall file any opposition and reply on or before July 1, 2019; and the plaintiff shall file any reply on or before July 22, 2019. Signed by Judge Dabney L. Friedrich on March 1, 2019. (lcdlf2) (Entered: 03/01/2019)
2019-03-01Set/Reset Deadlines/Hearings: Summary Judgment motions due by 4/23/2019. Response to Motion for Summary Judgment due by 5/30/2019. Reply to Motion for Summary Judgment due by 7/1/2019. Cross Motion due by 5/30/2019. Response to Cross Motion due by 7/1/2019. Reply to Cross Motion due by 7/22/2019. (zcdw) (Entered: 03/03/2019)
2019-04-2338MOTION to Dismiss Or, In The Alternative , MOTION for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration David M. Hardy, # 2 Text of Proposed Order)(Nebeker, William) (Entered: 04/23/2019)
2019-05-3039Consent MOTION to Modify Briefing Schedule by RYAN NOAH SHAPIRO (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 05/30/2019)
2019-05-31MINUTE ORDER granting the plaintiff's 39 Consent Motion to Modify Briefing Schedule. The plaintiff shall file his cross-motion and opposition on or before June 17, 2019; the defendant shall file its opposition and reply on or before July 31, 2019; and the plaintiff shall file any reply on or before August 19, 2019. Signed by Judge Dabney L. Friedrich on May 31, 2019. (lcdlf2) (Entered: 05/31/2019)
2019-05-31Set/Reset Deadlines: Plaintiff's cross motion and opposition due by 6/17/2019. Defendant's opposition and reply due by 7/31/2019. Plaintiff's reply due by 8/19/2019. (kh) (Entered: 05/31/2019)
2019-06-1740Memorandum in opposition to re 38 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment filed by RYAN NOAH SHAPIRO. (Attachments: # 1 Exhibit 1-4, # 2 Declaration Jonathan Anderson, # 3 Statement of Facts, # 4 Text of Proposed Order)(Light, Jeffrey) (Entered: 06/17/2019)
2019-06-1741Cross MOTION for Summary Judgment by RYAN NOAH SHAPIRO (Attachments: # 1 Exhibit 1-4, # 2 Declaration Jonathan Anderson, # 3 Statement of Facts, # 4 Text of Proposed Order)(Light, Jeffrey) (Entered: 06/17/2019)
2019-07-2542Unopposed MOTION for Extension of Time to File Response/Reply as to 38 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment , 41 Cross MOTION for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 07/25/2019)
2019-07-25MINUTE ORDER granting the defendant's 42 Unopposed Motion for Enlargement of Time. The defendant shall submit its response to the plaintiff's cross-motion for summary judgment on or before August 30, 2019, and the plaintiff shall file any reply on or before September 23, 2019. Signed by Judge Dabney L. Friedrich on July 25, 2019. (lcdlf2) (Entered: 07/25/2019)
2019-07-25Set/Reset Deadlines: Response to Cross Motion due by 8/30/2019. Reply to Cross Motion due by 9/23/2019. (kh) (Entered: 07/25/2019)
2019-08-3043Unopposed MOTION for Extension of Time to File Response/Reply as to 38 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment , 41 Cross MOTION for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 08/30/2019)
2019-08-30MINUTE ORDER granting the defendant's 43 Motion for Extension of Time. The defendant shall file its response to the plaintiff's cross-motion on or before September 5, 2019, and the plaintiff shall file any reply on or before October 3, 2019. So Ordered by Judge Dabney L. Friedrich on August 30, 2019. (lcdlf2) (Entered: 08/30/2019)
2019-09-0544REPLY to opposition to motion re 38 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 09/05/2019)
2019-09-0545Memorandum in opposition to re 41 Cross MOTION for Summary Judgment (same as Docket No. 44) filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 09/05/2019)
2019-10-0346REPLY to opposition to motion re 41 Cross MOTION for Summary Judgment filed by RYAN NOAH SHAPIRO. (Light, Jeffrey) (Entered: 10/03/2019)
2019-10-3047NOTICE OF SUBSTITUTION OF COUNSEL by Michael A. Tilghman on behalf of DISTRICT OF COLUMBIA Substituting for attorney Robert Rich (Tilghman, Michael) (Entered: 10/30/2019)
2020-03-1648NOTICE OF SUBSTITUTION OF COUNSEL by Robert Aaron Caplen on behalf of DEPARTMENT OF JUSTICE Substituting for attorney W. Mark Nebeker (Caplen, Robert) (Entered: 03/16/2020)
2020-04-3049NOTICE OF WITHDRAWAL OF APPEARANCE as to DISTRICT OF COLUMBIA. Attorney Michael A. Tilghman terminated. (Tilghman, Michael) (Entered: 04/30/2020)
2020-06-1150MEMORANDUM OPINION & ORDER denying without prejudice the government's combined 38 Motion to Dismiss and Alternative Motion for Summary Judgment and denying without prejudice the plaintiff's 41 Cross-Motion for Summary Judgment. See text for details. The parties shall propose a schedule for further proceedings on or before June 25, 2020. Signed by Judge Dabney L. Friedrich on June 11, 2020. (lcdlf1) (Entered: 06/11/2020)
2020-06-11Set/Reset Deadlines: Proposed Briefing Schedule due by 6/25/2020. (zjd) (Entered: 06/11/2020)
2020-06-2551Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Caplen, Robert) (Entered: 06/25/2020)
2020-06-26MINUTE ORDER. Upon consideration of the parties' 51 Joint Status Report, the parties are directed to file, on or before July 24, 2020, another joint status report proposing a schedule for further proceedings. The Court is not inclined to grant any further extensions. Signed by Judge Dabney L. Friedrich on June 26, 2020. (lcdlf2) (Entered: 06/26/2020)
2020-06-26Set/Reset Deadlines: Status Report due by 7/24/2020 (zjch) (Entered: 06/26/2020)
2020-07-2152NOTICE OF SUBSTITUTION OF COUNSEL by Kristin Brudy-Everett on behalf of DEPARTMENT OF JUSTICE Substituting for attorney Robert A. Caplen (Brudy-Everett, Kristin) (Entered: 07/21/2020)
2020-07-2453Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 07/24/2020)
2020-07-27MINUTE ORDER. Upon consideration of the parties' 53 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before August 24, 2020. Signed by Judge Dabney L. Friedrich on July 27, 2020. (lcdlf2) (Entered: 07/27/2020)
2020-07-27Set/Reset Deadlines: Status Report due by 8/24/2020 (zjch) (Entered: 07/27/2020)
2020-08-2454Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 08/24/2020)
2020-08-24MINUTE ORDER. Upon consideration of the parties' 54 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before September 24, 2020. So Ordered by Judge Dabney L. Friedrich on August 24, 2020. (lcdlf2) (Entered: 08/24/2020)
2020-08-24Set/Reset Deadlines: Status Report due by 9/24/2020 (zjch) (Entered: 08/25/2020)
2020-09-2455Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 09/24/2020)
2020-09-24MINUTE ORDER. Upon consideration of the parties' 55 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before October 23, 2020. So Ordered by Judge Dabney L. Friedrich on September 24, 2020. (lcdlf2) (Entered: 09/24/2020)
2020-09-24Set/Reset Deadlines: Joint Status Report due by 10/23/2020. (zjd) (Entered: 09/25/2020)
2020-10-2356Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 10/23/2020)
2020-10-26MINUTE ORDER. Upon consideration of the parties' 56 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before November 23, 2020. So Ordered by Judge Dabney L. Friedrich on October 26, 2020. (lcdlf2) (Entered: 10/26/2020)
2020-10-26Set/Reset Deadlines: Status Report due by 11/23/2020 (zjch) (Entered: 10/26/2020)
2020-11-2357Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 11/23/2020)
2020-11-23MINUTE ORDER. Upon consideration of the parties' 57 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before December 18, 2020. So Ordered by Judge Dabney L. Friedrich on November 23, 2020. (lcdlf2) (Entered: 11/23/2020)
2020-11-23Set/Reset Deadlines: Status Report due by 12/18/2020 (zjch) (Entered: 11/24/2020)
2020-12-1858Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 12/18/2020)
2020-12-20MINUTE ORDER. Upon consideration of the parties' 58 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before January 20, 2021. So Ordered by Judge Dabney L. Friedrich on December 20, 2020. (lcdlf2) (Entered: 12/20/2020)
2020-12-20Set/Reset Deadlines: Status Report due by 1/20/2021 (zjch) (Entered: 12/21/2020)
2021-01-2159Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 01/21/2021)
2021-01-22MINUTE ORDER. Upon consideration of the parties' 59 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before March 22, 2021. So Ordered by Judge Dabney L. Friedrich on January 22, 2021. (lcdlf2) (Entered: 01/22/2021)
2021-01-22Set/Reset Deadlines: Status Report due by 3/22/2021 (zjch) (Entered: 01/22/2021)
2021-03-2260Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 03/22/2021)
2021-03-23MINUTE ORDER. Upon consideration of the parties' 60 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before April 21, 2021. So Ordered by Judge Dabney L. Friedrich on March 23, 2021. (lcdlf2) (Entered: 03/23/2021)
2021-03-23Set/Reset Deadlines: Status Report due by 4/21/2021 (zjch) (Entered: 03/23/2021)
2021-04-2161Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 04/21/2021)
2021-04-22MINUTE ORDER. Upon consideration of the parties' 61 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before May 21, 2021. So Ordered by Judge Dabney L. Friedrich on April 22, 2021. (lcdlf2) (Entered: 04/22/2021)
2021-04-22Set/Reset Deadlines: Status Report due by 5/21/2021 (zjch) (Entered: 04/22/2021)
2021-05-2162Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 05/21/2021)
2021-05-24MINUTE ORDER. Upon consideration of the parties' 62 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before June 21, 2021. So Ordered by Judge Dabney L. Friedrich on May 24, 2021. (lcdlf2) (Entered: 05/24/2021)
2021-05-24Set/Reset Deadlines: Status Report due by 6/21/2021 (zjch) (Entered: 05/25/2021)
2021-06-2163Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 06/21/2021)
2021-06-23MINUTE ORDER. Upon consideration of the parties' 63 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before July 21, 2021. So Ordered by Judge Dabney L. Friedrich on June 23, 2021. (lcdlf2) (Entered: 06/23/2021)
2021-06-23Set/Reset Deadlines: Status Report due by 7/21/2021 (zjch) (Entered: 06/23/2021)
2021-07-0664NOTICE OF SUBSTITUTION OF COUNSEL by Dedra Seibel Curteman on behalf of All Defendants Substituting for attorney Kristin Brudy (Curteman, Dedra) (Entered: 07/06/2021)
2021-07-2165Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 07/21/2021)
2021-07-21MINUTE ORDER. Upon consideration of the parties' 65 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before August 23, 2021. So Ordered by Judge Dabney L. Friedrich on July 21, 2021. (lcdlf2) (Entered: 07/21/2021)
2021-07-21Set/Reset Deadlines: Status Report due by 8/23/2021 (zjch) (Entered: 07/21/2021)
2021-08-2366Joint STATUS REPORT by RYAN NOAH SHAPIRO. (Light, Jeffrey) (Entered: 08/23/2021)
2021-08-23MINUTE ORDER. Upon consideration of the parties' 66 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before September 23, 2021. So Ordered by Judge Dabney L. Friedrich on August 23, 2021. (lcdlf2) (Entered: 08/23/2021)
2021-09-2067Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 09/20/2021)
2021-09-20MINUTE ORDER. Upon consideration of the parties' 67 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before November 26, 2021. So Ordered by Judge Dabney L. Friedrich on September 20, 2021. (lcdlf2) (Entered: 09/20/2021)
2021-11-2268Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 11/22/2021)
2021-11-22MINUTE ORDER. Upon consideration of the parties' 68 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before January 26, 2022. So Ordered by Judge Dabney L. Friedrich on November 22, 2021. (lcdlf2) (Entered: 11/22/2021)
2022-01-2669Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 01/26/2022)
2022-01-26MINUTE ORDER. Upon consideration of the parties' 69 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before March 25, 2022. So Ordered by Judge Dabney L. Friedrich on January 26, 2022. (lcdlf2) (Entered: 01/26/2022)
2022-03-2570Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 03/25/2022)
2022-03-27MINUTE ORDER. Upon consideration of the parties' 70 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before May 24, 2022. So Ordered by Judge Dabney L. Friedrich on March 27, 2022. (lcdlf2) (Entered: 03/27/2022)
2022-05-2471Joint STATUS REPORT by RYAN NOAH SHAPIRO. (Light, Jeffrey) (Entered: 05/24/2022)
2022-05-25MINUTE ORDER. Upon consideration of the parties' 71 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before August 22, 2022. So Ordered by Judge Dabney L. Friedrich on May 25, 2022. (lcdlf2) (Entered: 05/25/2022)
2022-08-2272Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 08/22/2022)
2022-08-22MINUTE ORDER. Upon consideration of the parties' 71 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before November 21, 2022. So Ordered by Judge Dabney L. Friedrich on August 22, 2022. (lcdlf2) (Entered: 08/22/2022)
2022-11-2173Counter MOTION for Extension of Time to File Joint Status Report by RYAN NOAH SHAPIRO. (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 11/21/2022)
2022-11-22MINUTE ORDER. Upon consideration of the plaintiff's 73 Consent Motion for Extension of Time, the motion is GRANTED. It is ORDERED that the parties shall file their joint status report on or before December 5, 2022. So Ordered by Judge Dabney L. Friedrich on November 22, 2022. (lcdlf3) (Entered: 11/22/2022)
2022-12-0574Joint STATUS REPORT by US DEPT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 12/05/2022)
2022-12-06MINUTE ORDER. Upon consideration of the parties' 74 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before March 6, 2023. So Ordered by Judge Dabney L. Friedrich on December 6, 2022. (lcdlf3) (Entered: 12/06/2022)
2023-03-0675Joint STATUS REPORT by DISTRICT OF COLUMBIA, US DEPT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 03/06/2023)
2023-03-07MINUTE ORDER. Upon consideration of the parties' 75 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before June 5, 2023. So Ordered by Judge Dabney L. Friedrich on March 7, 2023. (lcdlf3) (Entered: 03/07/2023)
2023-03-07Set/Reset Deadlines: Status Report due by 6/5/2023 (zjch, ) (Entered: 03/07/2023)
2023-06-0576Joint STATUS REPORT by US DEPT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 06/05/2023)
2023-06-05MINUTE ORDER. Upon consideration of the parties' 76 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before September 5, 2023. So Ordered by Judge Dabney L. Friedrich on June 5, 2023. (lcdlf3) (Entered: 06/05/2023)
2023-06-05Set/Reset Deadlines: Joint Status Report due by 9/5/2023. (smc) (Entered: 06/05/2023)
2023-09-0577Joint STATUS REPORT by US DEPT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 09/05/2023)
2023-09-07MINUTE ORDER. Upon consideration of the parties' 77 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before December 4, 2023. So Ordered by Judge Dabney L. Friedrich on September 7, 2023. (lcdlf3) (Entered: 09/07/2023)
2023-09-07Set/Reset Deadlines: Status Report due by 12/4/2023 (zjch, ) (Entered: 09/07/2023)
2023-12-0478Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 12/04/2023)
2023-12-04MINUTE ORDER. Upon consideration of the parties' 78 Joint Status Report, the Court orders the parties to file another status report on or before March 4, 2024. So Ordered by Judge Dabney L. Friedrich on December 4, 2023. (lcdlf3) (Entered: 12/04/2023)
2024-03-0479Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 03/04/2024)
2024-03-05MINUTE ORDER. Upon consideration of the parties' 79 Joint Status Report, the Court orders that the parties shall file another joint status report on or before June 4, 2024. So ordered by Judge Dabney L. Friedrich on March 5, 2024. (lcdlf3) (Entered: 03/05/2024)
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