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Case TitleSPURLING v. UNITED STATES DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv00780
Date Filed2017-04-27
Date Closed2019-12-03
JudgeJudge Reggie B. Walton
PlaintiffLEO CORNELIUS SPURLING
Case DescriptionLeo Spurling, a state prisoner, submitted a FOIA request to the FBI for records concerning a 1988 prison escape in Kentucky in which Spurling was involved. The FBI acknowledged receipt of the request and indicated that it had located 1294 pages and that Spurling would need to pay $59 to receive the records. However, the agency and Spurling later got into a dispute about narrowing the scope of his request and he eventually filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF JUSTICE
DefendantDAVID M. HARDY Individually and as Section Chief, Record/Information Dissemination Section
TERMINATED: 04/27/2017
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [49]
FOIA Project Annotation: Judge Reggie Walton has ruled that the FBI properly responded to two requests from Leo Spurling, a prisoner who was serving a life sentence for murder at a Kentucky state prison when he was convicted of the 1988 murder of fellow inmate Glenn Burks, under Exemption 7 (law enforcement records). Spurling, who was allegedly a member of the Aryan Brotherhood, was given two life sentences for murdering Burks, who was black, but his sentence was ultimately reduced to 20 years. Spurling was also involved in an escape attempt in 1988 and was given an additional 15 years after he was recaptured. Because of the racial overtones of the murders of Burks and another black inmate, unidentified prisoners at the Kentucky prison contacted an anti-racism organization in Louisville, which contacted the FBI. The FBI then investigated the incidents but none of those records were made available to Spurling during his trial for Burks' murder and his subsequent escape. In July 2016, Spurling made two requests to the Department Justice for records pertaining to his escape and to his conviction for murdering Burks. In a response to his requests, the FBI told Spurling that it reviewed 240 pages and released 157 pages in full or with redactions. A month later, the FBI told Spurling that it had reviewed an additional 503 pages, releasing 13 pages in full or in part, and withheld the remaining 441 pages. Spurling did not challenge the adequacy of the agency's search but complained that the agency had improperly treated his requests as Privacy Act requests. Walton found that was not the case, pointing out that "even if the FBI could have withheld all of the responsive records under a Privacy Act exception, the FBI also processed the plaintiff's request for documents under the FOIA, just as the plaintiff demanded. Thus, the FBI's declarant explains, 'none of the information exempt from disclosure under the Privacy Act has been withheld. . .unless it was withheld under a FOIA exemption.'" Spurling argued that the privacy interest of the Special Agent who was in charge of the investigation had been waived because his name became public during the investigation. Walton noted, however, that "the privacy interest at stake belongs to the individual, not the government agency. Even if the plaintiff knows that [the] special Agent may have received information from the Kentucky State Police and may have conducted an investigation involving the plaintiff, the agent's privacy interest is not extinguished because the requester knows or can surmise his identity." Walton pointed out that "plaintiff is under the mistaken impression that the FBI may withhold third party information only if its release certainly will endanger the protected individuals. Not so. However, it is sufficient that the declaration demonstrates an invasion of the third parties' privacy could reasonably occur upon release of their identities, even if they testified publicly or if the plaintiff is able to identify them." Walton also recognized that family members of two murdered inmates had privacy rights as well. He observed that "notwithstanding the passage of more than 30 years, these victims and their families retain diminished yet cognizable privacy interests which are deserving of protection." Spurling asserted that the privacy interests of individuals who had been convicted of crimes was diminished. But Walton pointed out that "this Circuit has held that the FOIA categorically exempts from disclosure identifying third party information in law enforcement records on the ground that associating them with a law enforcement investigation reasonably could bring about an unwarranted invasion of their privacy."
Issues: Adequacy - Search, Exemption 7(C) - Invasion of privacy concerning law enforcement records
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-04-271COMPLAINT against DAVID M. HARDY, UNITED STATES DEPARTMENT OF JUSTICE filed by LEO CORNELIUS SPURLING. (Attachments: # 1 Civil Cover Sheet)(td) Modified party on 5/8/2017 (td). (Entered: 05/02/2017)
2017-04-272MOTION for Leave to Proceed in forma pauperis by LEO CORNELIUS SPURLING (td) Modified on 5/8/2017 (td). (Entered: 05/02/2017)
2017-04-273PRISONER ACCOUNT STATEMENT by LEO CORNELIUS SPURLING (td) Modified on 5/8/2017 (td). (Entered: 05/02/2017)
2017-04-274ORDER directing an initial partial filing fee in the amount of $38.96 from Prison Account of Leo Cornelius Spurling and granting MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Signed by Judge James E. Boasberg on 4/26/17. (td) Modified on 5/17/2017 (td). (Entered: 05/02/2017)
2017-04-275ORDER that this civil action shall proceed under the Freedom of Information Act Against the United Stated Department of Justice. David M. Hardy is DISMISSED WITH PREJUDICE as a party defendant. Signed by Judge James E. Boasberg on 4/24/17. (See order for further details) (td) (Entered: 05/02/2017)
2017-05-166SUMMONS (3) Issued as to UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (jd) (Entered: 05/20/2017)
2017-05-197MOTION to Stay by LEO CORNELIUS SPURLING (jf) (Entered: 05/22/2017)
2017-05-248RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/18/2017. ( Answer due for ALL FEDERAL DEFENDANTS by 6/17/2017.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/22/17., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 5/22/17 (td) (Entered: 05/26/2017)
2017-05-319NOTICE of Appearance by Joshua L. Rogers on behalf of UNITED STATES DEPARTMENT OF JUSTICE (Rogers, Joshua) (Entered: 05/31/2017)
2017-06-1910ANSWER to 1 Complaint with Jury Demand by DAVID M. HARDY, UNITED STATES DEPARTMENT OF JUSTICE.(Rogers, Joshua) (Entered: 06/19/2017)
2017-06-2611ORDER directing defendant, by July 17, 2017, to file an opposition to plaintiff's Motion to Stay These Proceedings During Exhaustion and For Amendment [ECF No. 7] and a proposed schedule for dispositive motions. Signed by Judge Reggie B. Walton on 6/26/17. (ms) (Entered: 06/26/2017)
2017-06-26Set/Reset Deadlines: Defendant' Response due by 7/17/2017 (hs) (Entered: 06/26/2017)
2017-07-0712MOTION to Lift Stay by LEO CORNELIUS SPURLING (jf) (Entered: 07/10/2017)
2017-07-1713RESPONSE re 7 MOTION to Stay and Notice of Exhaustion with Amendment Requesting Lifting of Stay filed by DAVID M. HARDY, UNITED STATES DEPARTMENT OF JUSTICE. (Rogers, Joshua) (Entered: 07/17/2017)
2017-07-1714STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 07/17/2017)
2017-07-1915ORDER denying as moot the plaintiff's 7 Motion to Stay and 12 Motion to Lift Stay; directing the defendant to produce records to the plaintiff in three monthly releases on August 21, 2017, September 21, 2017, and October 23, 2017; and ordering the plaintiff to notify the defendants and the Court by November 21, 2017 whether he challenges the defendants' response. Signed by Judge Reggie B. Walton on 7/19/17. (ms) (Entered: 07/19/2017)
2017-07-19Set/Reset Deadlines: Plaintiff's Response to Defendant's submissions due by 11/21/2017 (hs) (Entered: 07/19/2017)
2017-11-3016NOTICE Challenging Government's Disclosure Requesting Detailed Justification, Itemizing and Indexing Under Vaughn with 5 U.S.C.(a) In Camera Review by LEO CORNELIUS SPURLING; "Leave to file is granted" by Judge Walton (td) (Entered: 12/06/2017)
2017-12-0517SUPPLEMENT to re 16 Notice Challenging Government's Disclosure filed by LEO CORNELIUS SPURLING. (td) (Entered: 12/11/2017)
2017-12-12MINUTE ORDER. To ensure the expeditious resolution of the issues raised in the plaintiff's 16 Notice Challenging Government's Disclosure Requesting Detailed Justification, Itemizing and Indexing Under Vaughn with 5 U.S.C. § 552(a) In Camera Review, it is hereby ORDERED that the government shall file a response to the defendant's notice on or before January 5, 2018. It is further ORDERED that the plaintiff shall file any reply on or before January 19, 2018. Signed by Judge Reggie B. Walton on December 12, 2017. (lcrbw3) (Entered: 12/12/2017)
2018-01-0218MOTION for Extension of Time to File Response/Reply to Plaintiff's Notice by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 01/02/2018)
2018-01-03MINUTE ORDER. Upon consideration of the 18 Defendant's Motion for Extension of Time, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that, on or before February 28, 2018, the defendant shall file its response to the plaintiff's 16 Notice Challenging Government's Disclosure Requesting Detailed Justification, Itemizing and Indexing Under Vaughn with 5 U.S.C. § 552(a) In Camera Review. Signed by Judge Reggie B. Walton on January 3, 2018. (lcrbw3) (Entered: 01/03/2018)
2018-01-03Set/Reset Deadlines: Defendant's Response due by 2/28/2018 (hs) (Entered: 01/03/2018)
2018-02-2619MOTION for Extension of Time to File Response to Notice by DAVID M. HARDY, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 02/26/2018)
2018-02-2620ERRATA by UNITED STATES DEPARTMENT OF JUSTICE 19 MOTION for Extension of Time to File Response to Notice filed by UNITED STATES DEPARTMENT OF JUSTICE, DAVID M. HARDY. (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 02/26/2018)
2018-03-05MINUTE ORDER: It is hereby ORDERED that defendants' 19 Motion for Extension of Time is GRANTED, and defendants' filing deadline is extended to March 30, 2018. Signed by Judge Reggie B. Walton on 3/5/18. (ms) (Entered: 03/05/2018)
2018-03-05Set/Reset Deadlines: Defendant's Response due by 3/30/2018 (hs) (Entered: 03/05/2018)
2018-03-2921RESPONSE re 16 Notice (Other) filed by DAVID M. HARDY, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 03/29/2018)
2018-04-0422VACATED PURSUANT TO ORDER FILED 6/12/2018.....ORDER setting schedule for dispositive motions. Signed by Judge Reggie B. Walton on 4/4/18. (ms) Modified on 6/15/2018 (hs). (Entered: 04/04/2018)
2018-04-05Set/Reset Deadlines: Summary Judgment motions due by 5/21/2018. Response to Motion for Summary Judgment/Cross Motion due by 6/20/2018. Reply to Motion for Summary Judgment due by 7/20/2018. Reply due by 8/20/2018. (hs) (Entered: 04/05/2018)
2018-04-1323NOTICE of Traverse by LEO CORNELIUS SPURLING re 21 Response to Document (td) (Entered: 04/18/2018)
2018-05-2124MOTION for Extension of Time to File Dispositive Motion by DAVID M. HARDY, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 05/21/2018)
2018-06-0825RESPONSE (Objection) re 24 MOTION for Extension of Time to File Dispositive Motion filed by LEO CORNELIUS SPURLING. (ztd) (Entered: 06/11/2018)
2018-06-0826MOTION for Order Ruling by LEO CORNELIUS SPURLING; (See docket entry no. 25 to view) (ztd) (Entered: 06/11/2018)
2018-06-12MINUTE ORDER: On consideration of the defendants' motion for an extension of time and the plaintiff's opposition, it is hereby ORDERED that the defendants' motion 24 is GRANTED, and the order setting a schedule for dispositive motions 22 is VACATED. The defendants shall file their dispositive motion by June 20, 2018, and no further extensions of time will be granted absent extraordinary circumstances. It is further ORDERED that the plaintiff's motion for an extension of time and to consider the plaintiff's "Traverse" 26 is DENIED WITHOUT PREJUDICE. The Plaintiff's Traverse to Defendant's Response 23 has been docketed, and the Court will consider it in conjunction with the plaintiff's opposition to the defendants' dispositive motion. Signed by Judge Reggie B. Walton on 6/12/18. (ms) (Entered: 06/12/2018)
2018-06-12Set/Reset Deadlines: Defendant's Dispositive Motion due by 6/20/2018. (hs) (Entered: 06/12/2018)
2018-06-1927MOTION for Summary Judgment by DAVID M. HARDY, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration, # 4 Exhibit, # 5 Text of Proposed Order)(Rogers, Joshua) (Entered: 06/19/2018)
2018-06-2128Order advising plaintiff to file by 7/20/2018 his opposition to defendants' 27 MOTION for Summary Judgment and cross-motion, defendant to file by 8/20/18 a reply and opposition to plaintiff's cross-motion, and plaintiff to file by 9/20/18 his reply. Signed by Judge Reggie B. Walton on 6/20/18. (ms) (Entered: 06/21/2018)
2018-06-21Set/Reset Deadlines: Plaintiff's Response to Motion for Summary Judgment due by 7/20/2018. Reply to Motion for Summary Judgment due by 8/20/2018. Plaiintiff's Reply due by 9/20/2018. (hs) (Entered: 06/21/2018)
2018-07-1629MOTION for Extension of Time to File as to 27 MOTION for Summary Judgment by LEO CORNELIUS SPURLING (ztd) Modified event title on 7/19/2018 (znmw). (Entered: 07/17/2018)
2018-07-20MINUTE ORDER: The plaintiff's motion for an extension of time 29 is GRANTED. The plaintiff shall file his opposition to defendant's motion for summary judgment 27 and cross-motion by August 20, 2018; the defendant shall file its reply and opposition to plaintiff's cross-motion by September 20, 2018; the plaintiff shall file his reply by October 22, 2018. Signed by Judge Reggie B. Walton on 7/20/18. (ms) (Entered: 07/20/2018)
2018-07-20Set/Reset Deadlines: Cross Motions due by 8/20/2018. Response to Cross Motions due by 9/20/2018. Reply to Cross Motions due by 10/22/2018. Response to Motion for Summary Judgment due by 8/20/2018. Reply to Motion for Summary Judgment due by 9/20/2018. (gdf) (Entered: 07/20/2018)
2018-08-2030MOTION for Extension of Time to File Response/Reply as to 27 MOTION for Summary Judgment by LEO CORNELIUS SPURLING. (tth) (Entered: 08/22/2018)
2018-08-24MINUTE ORDER: The plaintiff's motion for an extension of time 30 is hereby GRANTED. The plaintiff shall file his opposition to defendant's motion for summary judgment 27 by October 1, 2018; the defendant shall file its reply and opposition to the plaintiff's cross-motion by October 30, 2018; the plaintiff shall file his cross-motion reply by November 30, 2018.Signed by Judge Reggie B. Walton on 8/24/18. (ms) (Entered: 08/24/2018)
2018-08-24Set/Reset Deadlines: Response to Cross Motions due by 10/30/2018. Reply to Cross Motions due by 11/30/2018. Response to Motion for Summary Judgment due by 10/1/2018. Reply to Motion for Summary Judgment due by 10/30/2018. (gdf) (Entered: 08/27/2018)
2018-09-2431RESPONSE re 27 MOTION for Summary Judgment filed by LEO CORNELIUS SPURLING. (Attachments: # 1 Exhibit Part 1 of 2, # 2 Exhibit Part 2 of 2)(ztd) (Entered: 09/25/2018)
2018-09-2432Cross MOTION for Summary Judgment by LEO CORNELIUS SPURLING; (See docket no. 31 to view.) (ztd) (Entered: 09/25/2018)
2018-10-2633MOTION for Extension of Time to File Response/Reply by DAVID M. HARDY, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 10/26/2018)
2018-11-02MINUTE ORDER: The defendant's 33 Motion for Extension of Time is GRANTED, and its reply and opposition to the plaintiff's 32 cross-motion for summary judgment are due by 12/28/2018. Signed by Judge Reggie B. Walton on 11/2/18. (ms) (Entered: 11/02/2018)
2018-11-05Set/Reset Deadlines: Response to Cross Motions due by 12/28/2018. (hs) (Entered: 11/05/2018)
2018-12-1734NOTICE of Service Obstruction by LEO CORNELIUS SPURLING (Attachments: # 1 Exhibit)(ztd) (Entered: 12/19/2018)
2018-12-2635MOTION to Stay All Proceedings in Light of Lapse of Appropriations by DAVID M. HARDY, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 12/26/2018)
2019-01-11MINUTE ORDER granting in part and denying in part 35 the defendants' motion to stay. The motion is GRANTED to the extent that the defendants seed to vacate the impending deadlines in this case. The motion is DENIED in all other respects. It is further ORDERED that any impending deadlines in this case are VACATED pending further Order of the Court. It is further ORDERED that, on or before January 31, 2019, the defendants shall file a status report regarding how this case shall proceed. Signed by Judge Reggie B. Walton on 1/11/19. (ms) (Entered: 01/11/2019)
2019-01-11Set/Reset Deadlines: Joint Status Report due by 1/31/2019 (hs) (Entered: 01/11/2019)
2019-01-1536MOTION for Default Judgment as to U.S. Department of Justice by LEO CORNELIUS SPURLING (ztd) (Main Document 36 replaced on 1/28/2019) (ztd). (Entered: 01/22/2019)
2019-01-28MINUTE ORDER: The Court granted the defendants' motion for an extension of time (ECF No. 33) and by minute order on November 2, 2018, the Court set December 28, 2018 as the defendants' new deadline. In light of the lapse of appropriations for the U.S. Department of Justice, by minute order on January 11, 2019, the Court vacated the defendants' deadline and ordered the defendants to file a status report by January 31, 2019. The defendants' deadline has not yet passed, and it is hereby ordered that the plaintiffs motion for default judgment 36 is DENIED. Signed by Judge Reggie B. Walton on 1/28/19. (ms) (Entered: 01/28/2019)
2019-02-0137MOTION for Extension of Time to File Status Report, Nunc Pro Tunc by DAVID M. HARDY, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 02/01/2019)
2019-02-04MINUTE ORDER: It is hereby ordered that the defendants' 37 Motion for Extension of Time is granted nunc pro tunc, and that the deadline for filing a status report is extended to February 14, 2019. Signed by Judge Reggie B. Walton on 2/4/19. (ms) (Entered: 02/04/2019)
2019-02-04Set/Reset Deadlines: Status Report due by 2/14/2019. (gdf) (Entered: 02/04/2019)
2019-02-0438Third NOTICE of Non-Service of Pleadings by LEO CORNELIUS SPURLING (ztd) (Entered: 02/06/2019)
2019-02-0439MOTION for Order to provide copies by LEO CORNELIUS SPURLING; (See docket entry no. 38 (ztd) (Entered: 02/06/2019)
2019-02-05Set/Reset Deadlines: Defendant's Status Report due by 2/14/2019 (hs) (Entered: 02/05/2019)
2019-02-06MINUTE ORDER: Counsel for defendant is reminded that the pro se plaintiff must be served with documents in paper form, Local Civil Rule 5.4(e)(2), and that counsel must include a separate certificate of service showing that a paper copy of any filing has been served on the plaintiff, Local Civil Rule 5.4(d)(2). It is hereby ordered that the plaintiff's motion 39 is granted. Not later than February 15, 2019, defendant shall send paper copies of its motions [ECF Nos. 33, 35] to the plaintiff at his current address of record. Signed by Judge Reggie B. Walton on 2/6/19. (ms) (Entered: 02/06/2019)
2019-02-06Set/Reset Deadlines: defendant to send paper copies of its motions [ECF Nos. 33, 35] to the plaintiff at his current address of record by 2/15/2019. (hs) (Entered: 02/06/2019)
2019-02-0740NOTICE of Filing of Certificate of Service by UNITED STATES DEPARTMENT OF JUSTICE (Rogers, Joshua) (Entered: 02/07/2019)
2019-02-1441STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Graham-Oliver, Heather) (Entered: 02/14/2019)
2019-02-2142NOTICE OF SUBSTITUTION OF COUNSEL by Diana Viggiano Valdivia on behalf of UNITED STATES DEPARTMENT OF JUSTICE (Valdivia, Diana) (Entered: 02/21/2019)
2019-02-21MINUTE ORDER: On consideration of the 41 Status Report filed by the UNITED STATES DEPARTMENT OF JUSTICE, it is hereby ORDERED that the defendant shall file its reply and response to the plaintiff's cross-motion for summary judgment by March 15, 2019. Signed by Judge Reggie B. Walton on 2/21/19. (ms) (Entered: 02/21/2019)
2019-02-22Set/Reset Deadlines: Defendant's Response to Cross Motion due by 3/15/2019. (hs) (Entered: 02/22/2019)
2019-03-1543REPLY to opposition to motion re 27 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Valdivia, Diana) (Entered: 03/15/2019)
2019-03-1544Memorandum in opposition to re 32 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Valdivia, Diana) (Entered: 03/15/2019)
2019-03-15MINUTE ORDER: The defendant has filed 44 a Memorandum in Opposition to the plaintiff's 32 Motion for Summary Judgment. The plaintiff shall file his Reply by April 15, 2019. Signed by Judge Reggie B. Walton on 3/15/19. (ms) (Entered: 03/15/2019)
2019-03-15Set/Reset Deadlines: Reply due by 4/15/2019. (gdf) (Entered: 03/18/2019)
2019-04-0145NOTICE by LEO CORNELIUS SPURLING (ztd) (Entered: 04/02/2019)
2019-04-0146MOTION for Extension of Time to File Response/Reply by LEO CORNELIUS SPURLING (ztd); (See docket entry no. 45 to view.) (Entered: 04/02/2019)
2019-04-04MINUTE ORDER: : The plaintiff represents that he received the defendant's reply and opposition to his cross-motion for summary judgment on March 26, 2019, or 11 days after filing. His current response deadline is April 15, 2019. It is hereby ORDERED that the plaintiff's motion for an extension of time 46 is GRANTED, and his reply deadline is extended to April 29, 2019. Signed by Judge Reggie B. Walton on 4/3/19. (ms) (Entered: 04/04/2019)
2019-04-04Set/Reset Deadlines: Reply in support of Cross Motion due by 4/29/2019. (hs) (Entered: 04/04/2019)
2019-04-2547REPLY to opposition to motion re 32 MOTION for Summary Judgment filed by LEO CORNELIUS SPURLING. (ztd) (Entered: 04/26/2019)
2019-09-3048ORDER. For the reasons to be set forth in the Memorandum Opinion to be issued by the Court within the next sixty days, absent extraordinary circumstances, the Court will grant the defendant's summary judgment motion, and deny the plaintiff's summary judgment motion. Accordingly, it is hereby ORDERED that the 27 Defendant's Motion for Summary Judgment is GRANTED. It is further ORDERED that the 32 Plaintiff's Cross Motion for Summary Judgment is DENIED. It is further ORDERED that this Order is not a final Order subject to appeal. Signed by Judge Reggie B. Walton on September 30, 2019. (lcrbw3) (Entered: 09/30/2019)
2019-12-0349MEMORANDUM AND OPINION. Signed by Judge Reggie B. Walton on 12/2/19. (ms) (Entered: 12/03/2019)
2019-12-0350ORDER denying the plaintiff's 32 motion for summary judgment and granting 27 the defendant's motion for summary judgment. This is a final appealable Order. Signed by Judge Reggie B. Walton on 12/2/19. (ms) (Entered: 12/03/2019)
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