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Case TitleReilly v. Justice
DistrictDistrict of Connecticut
CityNew Haven
Case Number3:2016cv02024
Date Filed2016-12-12
Date Closed2018-03-30
JudgeJudge Vanessa L. Bryant
PlaintiffThomas K. Reilly
DefendantDept of Justice
Documents
Docket
Complaint
Opinion/Order [42]
Opinion/Order [86]
FOIA Project Annotation: A federal court in Connecticut has ruled that the FBI properly withheld audio and videotapes used in the criminal investigation and trial of Bridgeport Mayor Joseph Ganim under Exemption 3 (other statutes) and personally-identifying information under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). Ganim was tried and convicted in 2003 after a joint FBI/IRS investigation into municipal corruption. The FBI argued that the audio and videotapes were created as the result of wiretaps under Title III, which had been recognized as an Exemption 3 statute. Thomas Reilly argued that since some tapes had been played in open court, the other tapes should be considered public as well. The court disagreed, nothing that "the mere fact that the public record reveals the existence of a recording does not transform the entire recording into public record. To find otherwise courts the absurd result that any time the existence of a wiretap recording is revealed in a court proceeding â€" including a Vaughn Index during a FOIA civil suit â€" the entire recording must be released." The court found the FBI had also properly withheld some information under Rule 6(e) on grand jury secrecy. Turning to the privacy exemption claims covering personally-identifying information of law enforcement officers as well as individuals investigated, the court pointed out that "because all third parties featured or mentioned in the recordings will in some way be associated with a criminal investigation, these third parties have a privacy right in any identifying information in the recordings." Reilly argued that Ganim had lost any privacy interest because of his conviction, but the court pointed out that "the Defendant cannot both comply with Plaintiff's FOIA request and protect Ganim's identity. Plaintiff's FOIA request is directed specifically to evidence of Ganim's criminal conduct. Consequently, Ganim has a privacy interest in all of the information that the government maintained in connection with his criminal investigation."
Issues: Exemption 3 - Statutory prohibition of disclosure, Exemption 6 - Invasion of privacy, Exemption 7(C) - Invasion of privacy concerning law enforcement records
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-12-121COMPLAINT against Dept of Justice, filed by Thomas K. Reilly.(Fazekas, J.) (Entered: 12/16/2016)
2016-12-12Filing fee received from Thomas Reilly: $ 400.00, receipt number CTXB00007690. (Fazekas, J.) (Entered: 12/16/2016)
2016-12-122STANDING PROTECTIVE ORDER Signed by Judge Jeffrey A. Meyer on 12/12/2016.(Fazekas, J.) (Entered: 12/16/2016)
2016-12-123NOTICE TO COUNSEL/PRO SE PARTIES : Counsel or pro se parties initiating or removing this action are responsible for serving all parties with attached documents and copies of 2 Standing Protective Order, 1 Complaint filed by Thomas K. Reilly Signed by Clerk on 12/12/2016.(Fazekas, J.) (Entered: 12/16/2016)
2016-12-274MOTION to Participate in Electronic Filing by Thomas K. Reilly. (Attachments: # 1 Envelope)(Caffrey, A.) (Entered: 12/27/2016)
2016-12-285ORDER granting 4 Motion to Participate in Electronic Filing. Signed by Judge Jeffrey A. Meyer on 12/28/2016. (Gutierrez, Y.) (Entered: 12/28/2016)
2016-12-286ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. PRO SE FILERS ARE REQUIRED TO COMPLY WITH THE JUDGE'S STANDARD ELECTRONIC FILING ORDER WHICH IS ATTACHED. Signed by Judge Jeffrey A. Meyer on 12/28/2016.(Gutierrez, Y.) (Entered: 12/28/2016)
2017-01-23Request for Clerk to issue summons as to Dept of Justice. (Caffrey, A.) (Entered: 01/23/2017)
2017-01-237ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Dept of Justice* with answer to complaint due within *30* days. Attorney *Thomas K. Reilly* *158 Westway Road* *Southport, CT 06890*. (Caffrey, A.) (Entered: 01/23/2017)
2017-02-248NOTICE of Appearance by Carolyn Aiko Ikari on behalf of Dept of Justice (Ikari, Carolyn) (Entered: 02/24/2017)
2017-02-249ANSWER to 1 Complaint with Affirmative Defenses by Dept of Justice.(Ikari, Carolyn) (Entered: 02/24/2017)
2017-03-0910MOTION for Summary Judgment by Thomas K. Reilly.Responses due by 3/30/2017 (Attachments: # 1 Memorandum in Support)(Owens, T.) (Entered: 03/09/2017)
2017-03-1311MOTION to Amend/Correct 9 Answer to Complaint (paragraph 6 only) by Dept of Justice.Responses due by 4/3/2017 (Attachments: # 1 Exhibit Proposed Amended Answer)(Ikari, Carolyn) (Entered: 03/13/2017)
2017-03-1512ORDER granting 11 Motion to Amend/Correct 9 Answer to Complaint (paragraph 6 only). Signed by Judge Jeffrey A. Meyer on 3/15/2017. (Gutierrez, Y.) (Entered: 03/15/2017)
2017-03-1613Amended ANSWER to 1 Complaint with Affirmative Defenses by Dept of Justice.(Ikari, Carolyn) (Entered: 03/16/2017)
2017-03-2814MOTION for Scheduling Order by Dept of Justice. (Ikari, Carolyn) (Entered: 03/28/2017)
2017-03-2915MOTION for Motion In Opposition to Scheduling Order by Thomas K. Reilly. (Reilly, Thomas) (Entered: 03/29/2017)
2017-03-3016NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. In-person Status Conference re: 10 MOTION for Summary Judgment, 15 MOTION for Motion In Opposition to Scheduling Order, 14 MOTION for Scheduling Order.( Motion Hearing set for 4/3/2017 at 3:00 PM in Courtroom Three, 141 Church St., New Haven, CT before Judge Jeffrey A. Meyer) (Gutierrez, Y.) (Entered: 03/30/2017)
2017-03-3017AMENDED NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. In-person Status Conference re: 10 MOTION for Summary Judgment, 15 MOTION for Motion In Opposition to Scheduling Order, 14 MOTION for Scheduling Order.( Motion Hearing set for 4/3/2017 at 4:00 PM in Courtroom Three, 141 Church St., New Haven, CT before Judge Jeffrey A. Meyer) (Gutierrez, Y.) (Entered: 03/30/2017)
2017-04-0318MOTION for Permission for Appearance of Law Student Intern Thomas Finnucan Order by Dept of Justice. (Ikari, Carolyn) (Entered: 04/03/2017)
2017-04-0320Minute Entry. Proceedings held before Judge Jeffrey A. Meyer: Pretrial Conference & Motion Hearing held on 4/3/2017 re: 10 MOTION for Summary Judgment filed by Thomas K. Reilly, granting 18 MOTION for Permission for Appearance of Law Student Intern Thomas Finnucan Order filed by Dept of Justice, denying as moot 14 MOTION for Scheduling Order filed by Dept of Justice, denying as moot 15 MOTION for Motion In Opposition to Scheduling Order filed by Thomas K. Reilly.Total Time 52 minutes(Court Reporter Diana Huntington.) (Gutierrez, Y.) (Entered: 04/05/2017)
2017-04-0419ORDER RE SCHEDULING. For the reasons stated on the record at yesterday's status conference, the Government shall make immediate inquiry to locate and file on the docket in this case the Government's exhibit list from the trial of the United States v. Joseph P. Ganim, No. 3:01-cr-263(JBA). Not later than Monday, April 10, 2017, the Government is requested to post the exhibit list on the docket in this case, or file a statement explaining why it has been unable to locate and docket the exhibit list. Not later than Monday, April 17, 2017, the Government is requested to file any objection to plaintiff's pending motion for summary judgment (Doc. # 10 ) or, if the Government agrees that the exhibit list adequately advises the Government of what exhibits plaintiff seeks and that there is not a lawful basis for the Government to withhold the disclosure of documents that were marked or introduced at trial and are in the public domain, that it has begun its search for and full production to plaintiff of audiotape or videotape exhibits (with any available transcripts) that are in the public domain. The Government is requested to explain with reasonable particularity its efforts to search for and produce responsive material that is in the public domain and to furnish time estimates for disclosure. As for the remainder of non-public-domain materials requested by plaintiff but not the subject of plaintiff's motion for summary judgment, the parties agreed during yesterday's conference that the Government shall file its Vaughn index by August 27, 2017, after which the plaintiff will file any further motion for summary judgment within 30 days. It is so ordered. Signed by Judge Jeffrey A. Meyer on 4/4/2017. (Gruber, Sarah) (Entered: 04/04/2017)
2017-04-0621NOTICE by Dept of Justice of Filing of Trial Exhibit Lists (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Ikari, Carolyn) (Entered: 04/06/2017)
2017-04-1722Memorandum in Opposition re 10 MOTION for Summary Judgment filed by Dept of Justice. (Attachments: # 1 Exhibit A, Declaration of David M. Hardy, # 2 Statement of Material Facts)(Ikari, Carolyn) (Entered: 04/17/2017)
2017-04-1723Cross MOTION for Summary Judgment by Dept of Justice.Responses due by 5/8/2017 (Attachments: # 1 Statement of Material Facts Not In Dispute, # 2 Memorandum in Support, # 3 Exhibit A, Declaration of David M. Hardy, # 4 Notice to Pro Se Litigant)(Ikari, Carolyn) (Entered: 04/17/2017)
2017-04-1724NOTICE by Dept of Justice re 23 Cross MOTION for Summary Judgment , 22 Memorandum in Opposition to Motion filing of corrected exhibit (Attachments: # 1 Affidavit of David M.Hardy)(Ikari, Carolyn) (Entered: 04/17/2017)
2017-04-1825ENTER IN ERROR - MOTION for Summary Judgment Motion in opposition to defendant's motion for partial summary judgment by Thomas K. Reilly.Responses due by 5/9/2017 (Reilly, Thomas) Modified to terminate motion on 4/19/2017 (Potter, A.). (Entered: 04/18/2017)
2017-04-1826Document #25 corrected - OBJECTION re 23 Cross MOTION for Summary Judgment filed by Thomas K. Reilly. (Potter, A.) (Entered: 04/19/2017)
2017-05-0127REPLY to Response to 23 Cross MOTION for Summary Judgment filed by Dept of Justice. (Ikari, Carolyn) (Entered: 05/01/2017)
2017-05-0228NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Case Management/Settlement Conference set for 5/11/2017 at 02:00 PM in Chambers Room 266 - Annex, 915 Lafayette Blvd., Bridgeport, CT before Judge Holly B. Fitzsimmons (Esposito, A.) (Entered: 05/02/2017)
2017-05-0229ORDER REFERRING CASE to Magistrate Judge Holly B. Fitzsimmons for Settlement. Signed by Judge Jeffrey A. Meyer on 5/2/2017.(Gutierrez, Y.) (Entered: 05/02/2017)
2017-05-0530MOTION to Expedite by Thomas K. Reilly. (Reilly, Thomas) (Entered: 05/05/2017)
2017-05-0831ORDER. The motion to expedite is DENIED 30 without prejudice to renewal after the parties' meet with Magistrate Judge Fitzsimmons.Signed by Judge Jeffrey A. Meyer on 5/8/2017. (Gutierrez, Y.) (Entered: 05/08/2017)
2017-05-0832NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. RESCHEDULED FROM 5/11/17 Case Management/Settlement Conference is reset to 5/18/2017 at 10:00 AM in Chambers Room 266 - Annex, 915 Lafayette Blvd., Bridgeport, CT before Judge Holly B. Fitzsimmons (Esposito, A.) (Entered: 05/08/2017)
2017-05-0833ORDER re 32 Case Management/Settlement Conference on May 18, 2017 at 10:00 AM. The Government's request to permit the participation of counsel from the FBI's Freedom of Information Act Litigation Unit by telephone during the conference is GRANTED. Counsel will be available during the appointed time. Signed by Judge Holly B. Fitzsimmons on 5/8/17.(Esposito, A.) (Entered: 05/08/2017)
2017-05-0834MOTION for Reconsideration of May 5, 2017 ruling by Thomas K. Reilly.Responses due by 5/29/2017 (Reilly, Thomas) (Entered: 05/08/2017)
2017-05-0935ORDER. The motion for reconsideration (Doc. # 34 ) is DENIED. It is the Court's intent that the parties meet with Judge Fitzsimmons, and the motion for reconsideration does not persuade the Court that it should expedite resolution of this case prior to the parties' meeting with Judge Fitzsimmons. Signed by Judge Jeffrey A. Meyer on 5/9/2017. (Gutierrez, Y.) (Entered: 05/09/2017)
2017-05-1836Minute Entry for proceedings held before Judge Holly B. Fitzsimmons: Settlement Conference held on 5/18/2017. Total Time: 1 hours and 15 minutes (Esposito, A.) (Entered: 05/18/2017)
2017-05-1837ORDER re: May 18, 2017 Settlement Conference. Counsel for defendant will report back to the Court by Wednesday May 24, 2017. Signed by Judge Holly B. Fitzsimmons on 5/18/17.(Esposito, A.) (Entered: 05/18/2017)
2017-05-2238NOTICE by Thomas K. Reilly 05/18/17 DOJ FOIA request (Attachments: # 1 DOJ FOI request)(Reilly, Thomas) (Entered: 05/22/2017)
2017-05-2539MOTION to Expedite Per Court's 5/9/17 directive by Thomas K. Reilly. (Attachments: # 1 Supplement DOJ 5/24/17 Letter to HBF)(Reilly, Thomas) Modified to seal entry per 47 Order on 6/19/2017 (Shafer, J.). (Entered: 05/25/2017)
2017-06-0140TRANSCRIPT of Proceedings: Type of Hearing: Status Conference. Held on April 3, 2017 before Judge Jeffrey Alker Meyer. Court Reporter: Diana Huntington. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: To remove personal identifier information from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within seven (7) calendar days of this date. If no such Notice is filed, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available through PACER without redaction 90 days from today's date. The transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. The policy governing the redaction of personal information is located on the court website at www.ctd.uscourts.gov. Redaction Request due 6/22/2017. Redacted Transcript Deadline set for 7/2/2017. Release of Transcript Restriction set for 8/30/2017. (Huntington, D.) (Entered: 06/01/2017)
2017-06-0241MOTION to Transfer/Disqualify/Recuse Judge by Thomas K. Reilly. (Reilly, Thomas) (Entered: 06/02/2017)
2017-06-1242ORDER GRANTING MOTION FOR RECUSAL: For the reasons set forth in the attached ruling, the motion to recuse (Doc. # 41 ) is GRANTED pursuant to 28 U.S.C. § 455(a) on the ground that my prior service in the U.S. Attorney's Office at the same time as the trial of Joseph Ganim may create an appearance that I could not be fair and impartial in this case. In granting this motion, I do not agree with plaintiff's contention that I have improperly delayed resolution of his claims. The Clerk of Court is requested to reassign this case in accordance with its standard procedures. It is so ordered. Signed by Judge Jeffrey A. Meyer on 6/12/2017. (Black, R.) (Entered: 06/12/2017)
2017-06-1343ORDER OF TRANSFER. Case reassigned to Judge Vanessa L. Bryant for all further proceedings Signed by Judge Jeffrey A. Meyer on 6/13/17.(Pesta, J.) (Entered: 06/13/2017)
2017-06-1344ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Vanessa L. Bryant on 06/13/2017. (Shafer, J.) (Entered: 06/13/2017)
2017-06-1345ORDER RE: Judge's Chambers Practices. Counsel are directed to read and comply with the Chambers Practices and Standing Orders prior to filing any document. So ordered. Signed by Judge Vanessa L. Bryant on 06/13/2017. (Shafer, J.) (Entered: 06/13/2017)
2017-06-1646MOTION to Strike 39 MOTION to Expedite Per Court's 5/9/17 directive by Dept of Justice.Responses due by 7/7/2017 (Ikari, Carolyn) (Entered: 06/16/2017)
2017-06-1947ORDER granting in part and denying in part 46 Motion to Strike. Rather than striking Plaintiff's 39 MOTION to Expedite, the Court orders that this docket entry be sealed. Sealing is supported by the clear and compelling need to protect the confidentiality of settlement communications and is narrowly tailored to serve this purpose. Plaintiff is ordered to file a public version of the motion, in which all references to confidential settlement communications are redacted, within 14 days. Signed by Judge Vanessa L. Bryant on 6/19/2017. (Hoffman, S) (Entered: 06/19/2017)
2017-06-2248MOTION to Expedite per Court's 6/19/17 directive by Thomas K. Reilly. (Reilly, Thomas) Sealed on 6/30/2017 per Order 50 (Shafer, J.). (Entered: 06/22/2017)
2017-06-2949Second MOTION to Strike 48 MOTION to Expedite per Court's 6/19/17 directive by Dept of Justice.Responses due by 7/20/2017 (Ikari, Carolyn) (Entered: 06/29/2017)
2017-06-3050ORDER granting 49 Motion to Strike. To the extent Plaintiff has failed to fully comply with the letter and spirit of the Court's order to redact, the motion is granted. Plaintiff is hereby Ordered to fully comply with this Court's redaction order within 7 days of the date of this order. Failure to comply may result in sanctions, including dismissal of the case. Signed by Judge Vanessa L. Bryant on 6-30-17. (Bryant, Vanessa) (Entered: 06/30/2017)
2017-06-3051ORDER referring case to Magistrate Judge Holly Fitzsimmons for all matters relating to settlement, including issues relating to the confidentiality of settlement discussions. Signed by Judge Vanessa L. Bryant on 6/30/2017. (Hoffman, S) (Entered: 06/30/2017)
2017-07-0652Fourth MOTION to Expedite Redacted per VLB's 6/6/17 order by Thomas K. Reilly. (Reilly, Thomas) (Entered: 07/06/2017)
2017-07-0753MOTION to Transfer/Disqualify/Recuse Judge Motion to Recuse Magistrate HBF by Thomas K. Reilly. (Reilly, Thomas) (Entered: 07/07/2017)
2017-07-0854Memorandum in Opposition re 53 MOTION to Transfer/Disqualify/Recuse Judge Motion to Recuse Magistrate HBF filed by Dept of Justice. (Ikari, Carolyn) (Entered: 07/08/2017)
2017-07-0955MOTION to Transfer/Disqualify/Recuse Judge Plaintiff's Reply to Defendant's Opp Motion by Thomas K. Reilly. (Reilly, Thomas) (Entered: 07/09/2017)
2017-07-1356ORDER REFERRING CASE to Magistrate Judge Holly B. Fitzsimmons for purposes of resolving Plaintiff's 53 MOTION to Transfer/Disqualify/Recuse Judge and for case management and settlement purposes. Signed by Judge Vanessa L. Bryant on 7/13/2017. (Hoffman, S) (Entered: 07/13/2017)
2017-08-2157MOTION to Expedite by Thomas K. Reilly. (Reilly, Thomas) (Entered: 08/21/2017)
2017-08-2258ORDER denying 53 Motion to Transfer/Disqualify/Recuse Magistrate Judge. Signed by Judge Holly B. Fitzsimmons on 8/22/17. (Esposito, A.) (Entered: 08/22/2017)
2017-08-2259NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Evidentiary Hearing set for 8/29/2017 at 02:00 PM in Courtroom Four-Annex, 915 Lafayette Blvd., Bridgeport, CT before Judge Holly B. Fitzsimmons (Esposito, A.) (Entered: 08/22/2017)
2017-08-2260ORDER REFERRING 39 MOTION to Expedite Per Court's 5/9/17 directive , 48 MOTION to Expedite per Court's 6/19/17 directive , 52 Fourth MOTION to Expedite Redacted per VLB's 6/6/17 order , and 57 MOTION to Expedite to Magistrate Judge Holly B. Fitzsimmons. Signed by Judge Vanessa L. Bryant on 8/22/2017. (Hoffman, S) (Entered: 08/22/2017)
2017-08-2361ORDER Re: August 29, 2017 Hearing. Please see attached Order. Signed by Judge Holly B. Fitzsimmons on 8/22/17.(Esposito, A.) (Entered: 08/23/2017)
2017-08-2562Consent MOTION for Extension of Time until August 28, 2017 to file omnibus summary judgment by Dept of Justice. (Ikari, Carolyn) (Entered: 08/25/2017)
2017-08-2863MOTION for Extension of Time Plaintiff's Repy by Thomas K. Reilly. (Reilly, Thomas) (Entered: 08/28/2017)
2017-08-2864ORDER granting 62 Motion for Extension of Time. This order does not adopt or reject the Government's characterization of this case's procedural history. Signed by Judge Vanessa L. Bryant on 8/28/2017. (Hoffman, S) (Entered: 08/28/2017)
2017-08-2865ORDER REFERRING 63 MOTION for Extension of Time Plaintiff's Repy to Magistrate Judge Holly B. Fitzsimmons. Signed by Judge Vanessa L. Bryant on 8/28/2017. (Hoffman, S) (Entered: 08/28/2017)
2017-08-2866Second MOTION for Summary Judgment by Dept of Justice.Responses due by 9/18/2017 (Attachments: # 1 Statement of Material Facts Not in Dispute, # 2 Memorandum in Support, # 3 Affidavit of David M. Hardy, # 4 Exhibit A-N to Hardy Affidavit, # 5 Appendix Peeler case, # 6 Notice to Self-Represented Litigant)(Ikari, Carolyn) (Entered: 08/28/2017)
2017-08-2967ORDER REFERRING CASE to Magistrate Judge Holly B. Fitzsimmons for ruling on motion 63 including 63 MOTION for Extension of Time Plaintiff's Repy Signed by Judge Vanessa L. Bryant on 8/28/17.Motions referred to Holly B. Fitzsimmons(Walker, J.) (Entered: 08/29/2017)
2017-08-2968Minute Entry for proceedings held before Judge Holly B. Fitzsimmons: Motion Hearing held on 8/29/2017 re 57 MOTION to Expedite filed by Thomas K. Reilly, 39 MOTION to Expedite Per Court's 5/9/17 directive filed by Thomas K. Reilly, 63 MOTION for Extension of Time Plaintiff's Repy filed by Thomas K. Reilly, 52 Fourth MOTION to Expedite Redacted per VLB's 6/6/17 order filed by Thomas K. Reilly, 48 MOTION to Expedite per Court's 6/19/17 directive filed by Thomas K. Reilly. Total Time: 1 hours and 20 minutes(Court Reporter Falzarano.) (Gould, K.) (Entered: 08/31/2017)
2017-09-0569MOTION for Summary Judgment Post Hearing Op Motion by Thomas K. Reilly.Responses due by 9/26/2017 (Reilly, Thomas) (Entered: 09/05/2017)
2017-09-0770ORDER re: Pending Motions. Defendants first Motion for Summary Judgment [doc. #23], addressing records that were published and preserved in the public domain by being offered and admitted as trial exhibits in United States v. Ganim, is ripe for adjudication. Defendants second Motion for Summary Judgment [doc. #66], addressing all of the FBIs audio, video and transcripts, including Title III materials, from the investigation that led to United States v. Ganim, is now also ripe for adjudication. Plaintiff filed a brief in opposition on September 5, 2017. [Doc. #69]. Plaintiffs May 19, 2017 FOIA request, addressed to the Department of Justice for records of the United States Attorneys Office and Executive Office for United States Attorneys, is pending but defendants counsel was unable at oral argument to offer any insight into how long a response will take. If plaintiff has not received a response to the May 19, 2017 FOIA request by September 27, 2017, counsel for defendant will provide to the Court by September 29, 2017, an explanation for the delay and a date by which a response will be received. A ruling addressing the remaining issues raised in plaintiffs Motions to Expedite [doc. ##39, 48, 52, 57, 63, 66] will issue. Signed by Judge Holly B. Fitzsimmons on 9/7/17.(Esposito, A.) (Entered: 09/07/2017)
2017-09-1571ORDER finding as moot 39 Motion to Expedite in light of Judge Bryants June 18, 2017 Order [Doc. #47], directing plaintiff "to file a public version of the motion, in which all references to confidential settlement communications are redacted...." Plaintiff filed a motion on June 22, 2017. [Doc. #48]. Signed by Judge Holly B. Fitzsimmons on 9/15/17. (Esposito, A.) (Entered: 09/15/2017)
2017-09-2272MOTION for Summary Judgment Plaintiff's Opp Motion by Thomas K. Reilly.Responses due by 10/13/2017 (Reilly, Thomas) (Entered: 09/22/2017)
2017-09-2973STATUS REPORT by Dept of Justice. (Ikari, Carolyn) (Entered: 09/29/2017)
2017-10-0474STATUS REPORT Plaintiff's Response by Thomas K. Reilly. (Reilly, Thomas) (Entered: 10/04/2017)
2017-10-0575RULING granting in part and denying in part 48 Motion to Expedite; granting in part and denying in part 52 Motion to Expedite; granting in part and denying in part 57 Motion to Expedite; granting 63 Motion for Extension of Time in accordance with the attached ruling. Signed by Judge Holly B. Fitzsimmons on 10/5/17. (Esposito, A.) (Entered: 10/05/2017)
2017-10-0676Consent MOTION for Extension of Time to File Response/Reply as to 66 Second MOTION for Summary Judgment until October 13, 2017 by Dept of Justice. (Ikari, Carolyn) (Entered: 10/06/2017)
2017-10-1077ORDER granting 76 Motion for Extension of Time to File Response/Reply re 66 Second MOTION for Summary Judgment. Responses due by 10/13/2017. Signed by Judge Vanessa L. Bryant on 10/10/2017. (Hoffman, S) (Entered: 10/10/2017)
2017-10-1278REPLY to Response to 72 MOTION for Summary Judgment Plaintiff's Opp Motion filed by Dept of Justice. (Ikari, Carolyn) (Entered: 10/12/2017)
2017-10-1679MOTION for Leave to Appeal Appeal of Magistrate Judge's Oct 5, 2017 order and ruling by Thomas K. Reilly. (Reilly, Thomas) (Entered: 10/16/2017)
2017-10-1980NOTICE of Consolidation. Signed by Clerk on 10/19/2017.(Bozek, M.) (Entered: 10/19/2017)
2017-12-0481MOTION for Summary Judgment Plaintiff's Motion for Partial Summary Judgment by Thomas K. Reilly.Responses due by 12/25/2017 (Reilly, Thomas) (Entered: 12/04/2017)
2018-01-1882Consent MOTION for Extension of Time to File Response/Reply as to 81 MOTION for Summary Judgment Plaintiff's Motion for Partial Summary Judgment until January 31, 2018 by Dept of Justice. (Ikari, Carolyn) (Entered: 01/18/2018)
2018-01-1983ORDER granting 82 Motion for Extension of Time to File Response/Reply re 81 MOTION for Summary Judgment. Responses due by 1/31/2018. Signed by Judge Vanessa L. Bryant on 1/19/2018. (Hoffman, S) (Entered: 01/19/2018)
2018-01-3184Memorandum in Opposition re 81 MOTION for Summary Judgment Plaintiff's Motion for Partial Summary Judgment filed by Dept of Justice. (Attachments: # 1 Appendix Offor v. EEOC, # 2 Affidavit of Carolyn A. Ikari, # 3 Exhibit A Letter, # 4 Exhibit B List of WAV files on CD)(Ikari, Carolyn) (Entered: 01/31/2018)
2018-03-2685ORDER denying as moot 81 Motion for Summary Judgment, 10 Motion for Summary Judgment, and 23 Motion for Summary Judgment. On January 31, 2018, in its 84 Memorandum in Opposition to Plaintiff's Motion for Partial Summary Judgment, the Defendant indicated that all recordings played in open Court during Joseph P. Ganim's 2003 trial had been identified and produced to the Plaintiff. As these recordings were also the subject of the additional pending cross-motions for summary judgment, and Plaintiff has not objected to the Defendant's characterization of its production within the time provided to file a reply, the Court denies all three motions for partial summary judgment (Dkt. Nos. 10 , 23 , and 81 ) as MOOT. Signed by Judge Vanessa L. Bryant on 3/26/2018. (Hoffman, S) (Entered: 03/26/2018)
2018-03-3086VACATED: ORDER granting 72 Motion for Summary Judgment. See attached memorandum of decision. Signed by Judge Vanessa L. Bryant on 3/30/2018. (Hoffman, S) Modified on 3/30/2018 (Shafer, J.). (Entered: 03/30/2018)
2018-03-3087ORDER vacating 86 Order and GRANTING 66 Motion for Summary Judgment. See attached memorandum of decision. Plaintiff's 72 Motion for Summary Judgment is in fact a memorandum in opposition to Defendant's 66 Motion for Summary Judgment. It was improperly docketed as a motion and does not require disposition. Signed by Judge Vanessa L. Bryant on 3/30/2018. (Hoffman, S) (Entered: 03/30/2018)
2018-03-3088ORDER denying as moot 79 Motion for Leave to Appeal in light of the Court's determination that all non-exempt responsive documents have been produced. Signed by Judge Vanessa L. Bryant on 3/30/2018. (Hoffman, S) (Entered: 03/30/2018)
2018-03-3089JUDGMENT entered in favor of defendant. For appeal forms please go to the following website: www.ctd.uscourts.gov/forms/all-forms/appeals_forms. Signed by Clerk on 03/30/2018. (Shafer, J.) (Entered: 03/30/2018)
2018-03-30JUDICIAL PROCEEDINGS SURVEY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Shafer, J.) (Entered: 03/30/2018)
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