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Case TitleSARRAS v. DOJ
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv00861
Date Filed2019-03-25
Date ClosedOpen
JudgeJudge Christopher R. Cooper
PlaintiffDONATOS SARRAS
Case DescriptionDonatos Sarras, a federal prisoner, submitted two FOIA requests to the Criminal Division of the Department of Justice for records concerning himself. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, Sarras filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Recovery of Costs

DefendantDOJ Criminal Division
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [87]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-03-251COMPLAINT against DOJ ( Filing fee $ 400, receipt number 4616097332) filed by DONATOS SARRAS. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit)(ztd) (Entered: 03/29/2019)
2019-03-25SUMMONS (3) Issued as to DOJ, U.S. Attorney and U.S. Attorney General (ztd) (Entered: 04/03/2019)
2019-04-192RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/9/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 5/9/2019.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/12/19., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DOJ served on 4/9/2019 (ztd) (Entered: 04/23/2019)
2019-05-093ANSWER to 1 Complaint by DOJ.(McBride, Patricia) (Entered: 05/09/2019)
2019-05-10MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties promptly confer and file a joint proposed schedule for briefing or disclosure by May 24, 2019. Signed by Judge Christopher R. Cooper on 5/10/2019. (lccrc1) (Entered: 05/10/2019)
2019-05-10Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 5/24/2019 (lsj) (Entered: 05/10/2019)
2019-05-204SUPPLEMENTAL MEMORANDUM (Exhibits 15 and 16) to re 1 Complaint filed by DONATOS SARRAS. (ztd) (Entered: 05/23/2019)
2019-05-235STATUS REPORT by DOJ. (McBride, Patricia) (Entered: 05/23/2019)
2019-05-28MINUTE ORDER: In light of the government's 5 status report, it is hereby ORDERED that the government shall file a further status report by July 9, 2019. Signed by Judge Christopher R. Cooper on 5/28/2019. (lccrc1) (Entered: 05/28/2019)
2019-05-29Set/Reset Deadlines: Status Report due by 7/9/2019 (lsj) (Entered: 05/29/2019)
2019-05-306NOTICE by DONATOS SARRAS (ztd) (Entered: 06/03/2019)
2019-06-037MOTION for Summary Judgment by DONATOS SARRAS (ztd) (Entered: 06/04/2019)
2019-06-068MOTION for Partial Summary Judgment by DONATOS SARRAS (ztd). Added MOTION for Order on 6/11/2019 (ztd). (Entered: 06/11/2019)
2019-06-179ENTERED IN ERROR.....MOTION for Summary Judgment by DOJ (McBride, Patricia) Modified on 6/19/2019 (jf). (Entered: 06/17/2019)
2019-06-19NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 9 MOTION for Summary Judgment was entered in error at the request of counsel and will be refiled in the correct event. (jf) (Entered: 06/19/2019)
2019-06-1910Memorandum in opposition to re 8 MOTION for Partial Summary Judgment MOTION for Order, 7 MOTION for Summary Judgment filed by DOJ. (McBride, Patricia) (Entered: 06/19/2019)
2019-07-0211REPLY to opposition to motion re 7 MOTION for Summary Judgment filed by DONATOS SARRAS. (ztd) (Entered: 07/03/2019)
2019-07-1212STATUS REPORT by DOJ. (McBride, Patricia) (Entered: 07/12/2019)
2019-07-25MINUTE ORDER striking as premature 7 Motion for Summary Judgment and 8 Motion for Partial Summary Judgment and Order. If necessary, the Court will set a briefing schedule for summary judgment after the government completes production. Signed by Judge Christopher R. Cooper on 7/25/2019. (lccrc1) (Entered: 07/25/2019)
2019-07-25MINUTE ORDER: Upon consideration of the government's 12 status report, it is hereby ORDERED that the government shall file a further status report by August 29, 2019. Signed by Judge Christopher R. Cooper on 7/25/2019. (lccrc1) (Entered: 07/25/2019)
2019-07-25Set/Reset Deadlines: Status Report due by 8/29/2019 (lsj) (Entered: 07/25/2019)
2019-07-2613PROPOSED PRODUCTION SCHEDULE by DONATOS SARRAS. (tth) (Entered: 07/30/2019)
2019-07-2614MOTION to Compel by DONATOS SARRAS. (See Docket Entry 13 to view document). (tth) (Entered: 07/30/2019)
2019-07-31MINUTE ORDER denying 14 Plaintiff's Motion to Compel and 13 Proposed Production Schedule. The Court has previously ordered the government to file a further status report by August 29, 2019. That status report will update the Court on the status of processing the approximately 400 pages of potentially responsive documents. The agency has previously represented that it expects to finish processing the potentially responsive documents and issue a response to Plaintiff by November 22, 2019. The Court will set a briefing schedule for summary judgment if necessary after the government completes production. Signed by Judge Christopher R. Cooper on 7/31/2019. (lccrc1, ) (Entered: 07/31/2019)
2019-08-2915STATUS REPORT by DOJ. (McBride, Patricia) (Entered: 08/29/2019)
2019-08-30MINUTE ORDER: Upon consideration of the government's 15 status report, it is hereby ORDERED that the government shall file a further status report by October 10, 2019. Signed by Judge Christopher R. Cooper on 8/30/19. (lccrc1) (Entered: 08/30/2019)
2019-08-30Set/Reset Deadlines: Status Report due by 10/10/2019. (znbn) (Entered: 08/30/2019)
2019-10-1016STATUS REPORT by DOJ. (McBride, Patricia) (Entered: 10/10/2019)
2019-10-11MINUTE ORDER: Upon consideration of the government's 16 status report, it is hereby ORDERED that the government shall file a further status report by December 4, 2019. Signed by Judge Christopher R. Cooper on 10/11/19. (lccrc1) (Entered: 10/11/2019)
2019-10-11Set/Reset Deadlines: Status Report due by 12/4/2019. (znbn) (Entered: 10/11/2019)
2019-12-0417STATUS REPORT by DOJ. (McBride, Patricia) (Entered: 12/04/2019)
2019-12-04MINUTE ORDER: Upon consideration of the government's 17 status report, it is hereby ORDERED that the government shall file a further status report by January 16, 2020. Signed by Judge Christopher R. Cooper on 12/4/19. (lccrc1) (Entered: 12/04/2019)
2019-12-05Set/Reset Deadlines: Status Report due by 1/16/2020 (lsj) (Entered: 12/05/2019)
2019-12-0518MOTION to Compel, MOTION for Briefing Schedule by DONATOS SARRAS (ztd) Modified event on 12/12/2019 (znmw). (Entered: 12/10/2019)
2019-12-12MINUTE ORDER: In light of the Defendant's indication that on November 22, 2019, and December 2, 2019, materials were sent to Plaintiff as a result of his Freedom of Information Act request, the Court finds as moot Plaintiff's 18 Motion to Compel and 18 Motion to Set a Briefing Schedule. Signed by Judge Christopher R. Cooper on 12/12/19. (lccrc1) (Entered: 12/12/2019)
2020-01-1519STATUS REPORT by DOJ. (McBride, Patricia) (Entered: 01/15/2020)
2020-01-17MINUTE ORDER: Upon consideration of the government's 19 status report, it is hereby ORDERED that the government shall file a further status report by February 13, 2020. Signed by Judge Christopher R. Cooper on 1/17/2020. (lccrc1) (Entered: 01/17/2020)
2020-01-17Set/Reset Deadlines: Government to file a Status Report by 2/13/2020. (nbn) (Entered: 01/17/2020)
2020-02-1220STATUS REPORT by DOJ. (McBride, Patricia) (Entered: 02/12/2020)
2020-02-18MINUTE ORDER: Upon consideration of the government's 20 status report, it is hereby ORDERED that the government shall file a further status report by March 13, 2020. The Court urges agency counsel to respond regarding the status of the referred documents so that this case can be resolved expeditiously. Signed by Judge Christopher R. Cooper on 2/18/2020. (lccrc1) (Entered: 02/18/2020)
2020-02-18Set/Reset Deadlines: Status Report due by 3/13/2020 (lsj) (Entered: 02/18/2020)
2020-03-17MINUTE ORDER: The Government has not filed the status report due March 13. This case appears to have been stalled since November 2019 pending the receipt of information from the State Department on the status of the documents that were referred to it for processing. Notwithstanding the recent disruptions to the workplace, the Court would appreciate knowing where things stand. It thereby ORDERS that the overdue report be filed within 7 days. Signed by Judge Christopher R. Cooper on 3/17/20. (lccrc1) (Entered: 03/17/2020)
2020-03-1721STATUS REPORT by DOJ. (McBride, Patricia) (Entered: 03/17/2020)
2020-03-26MINUTE ORDER: Upon consideration of the government's 21 status report, it is hereby ORDERED that the government shall file a further status report by April 24, 2020. Signed by Judge Christopher R. Cooper on 3/26/2020. (lccrc1) (Entered: 03/26/2020)
2020-03-26Set/Reset Deadlines: Joint Status Report due by 4/24/2020 (lsj) (Entered: 03/26/2020)
2020-04-2322STATUS REPORT by DOJ. (McBride, Patricia) (Entered: 04/23/2020)
2020-04-23MINUTE ORDER: Upon consideration of the government's 22 status report, it is hereby ORDERED that the government shall file a further status report by May 27, 2020. Signed by Judge Christopher R. Cooper on 4/23/2020. (lccrc1) (Entered: 04/23/2020)
2020-04-24Set/Reset Deadlines: Status Report due by 5/27/2020 (lsj) (Entered: 04/24/2020)
2020-05-29MINUTE ORDER: Having failed to receive the Status Report ordered by the Court's April 23, 2020 Minute Order, the Court ORDERS the Government to file a status report by June 5, 2020. Signed by Judge Christopher R. Cooper on 5/29/20. (lccrc1) (Entered: 05/29/2020)
2020-06-01Set/Reset Deadlines: Status Report due by 6/5/2020 (lsj) (Entered: 06/01/2020)
2020-06-0823STATUS REPORT by DOJ. (McBride, Patricia) (Entered: 06/08/2020)
2020-06-09MINUTE ORDER: Upon consideration of the Government's 23 Status Report, it is hereby ORDERED that the government shall file a further status report by July 2, 2020, proposing a summary judgment briefing schedule. Signed by Judge Christopher R. Cooper on 6/9/20. (lccrc1) (Entered: 06/09/2020)
2020-06-10Set/Reset Deadlines: Status Report due by 7/2/2020 (lsj) (Entered: 06/10/2020)
2020-06-3024STATUS REPORT by DOJ. (McBride, Patricia) (Entered: 06/30/2020)
2020-07-02MINUTE ORDER: Upon consideration of the Government's 24 Status Report, it is hereby ORDERED that the government shall file a further status report by August 10, 2020. The Court expects the State Department production to be completed expeditiously and, if disputes remain, that the government will propose a briefing schedule in the next status report. Signed by Judge Christopher R. Cooper on 7/2/20. (lccrc1) (Entered: 07/02/2020)
2020-07-02Set/Reset Deadlines: Status Report due by 8/10/2020 (lsj) (Entered: 07/02/2020)
2020-08-1225MOTION for Leave to File by DOJ (Attachments: # 1 Exhibit)(McBride, Patricia) (Entered: 08/12/2020)
2020-08-13MINUTE ORDER granting 25 Motion for Leave to File: Upon consideration of the Status Report, it is hereby ORDERED that summary judgment briefing shall proceed according to the following schedule: Defendant shall file its motion for summary judgment by September 20, 2020; Plaintiff shall file his opposition by October 20, 2020; and Defendant shall file its reply by November 12, 2020. Signed by Judge Christopher R. Cooper on 8/13/20. (lccrc1) (Entered: 08/13/2020)
2020-08-1326STATUS REPORT by DOJ. (ztd) (Entered: 08/14/2020)
2020-08-14Set/Reset Deadlines: Summary Judgment motions due by 9/20/2020. Response to Motion for Summary Judgment due by 10/20/2020. Reply to Motion for Summary Judgment due by 11/12/2020. (lsj) (Entered: 08/14/2020)
2020-09-2127MOTION for Leave to File by DOJ (McBride, Patricia) (Entered: 09/21/2020)
2020-09-2128MOTION for Summary Judgment by DOJ (Attachments: # 1 Declaration, # 2 Exhibit Vaughn Index, # 3 Declaration)(McBride, Patricia). Added MOTION to Dismiss on 9/22/2020 (znmw). (Entered: 09/21/2020)
2020-09-2529MOTION to Clarify, MOTION for Extension of Time to by DONATOS SARRAS (Attachments: # 1 Certificate of Service, # 2 envelope)(ztd) (Entered: 09/29/2020)
2020-09-2530NOTICE by DONATOS SARRAS (ztd) (Entered: 09/29/2020)
2020-09-30MINUTE ORDER granting 27 Motion for Leave to File Ex Parte and In Camera Declaration. Signed by Judge Christopher R. Cooper on 9/30/2020. (lccrc1) (Entered: 09/30/2020)
2020-09-30MINUTE ORDER re Plaintiff's 30 Notice and 29 Motion to Clarify and for Extension of Time: It is hereby ORDERED that Plaintiff's request for an extension of time is GRANTED. Plaintiff shall file his opposition to Defendant's Motion for Summary Judgment (and, if he wishes, a Cross-Motion for Summary Judgment) no later than December 21, 2020. Defendant shall file its consolidated opposition and reply, if any, no later than January 13, 2021. Plaintiff shall file his reply, if any, by February 15, 2021. Plaintiff is advised that further requests to extend this deadline will be viewed with disfavor. Plaintiff is further advised, regarding his request for an assigned typewriter, that the Court lacks authority over prison officials outside of the District of Columbia. The Clerk shall transmit a copy of the Government's Motion and this Minute Order to Plaintiff. SO ORDERED. Signed by Judge Christopher R. Cooper on 9/30/2020. (lccrc1) (Entered: 09/30/2020)
2020-09-3031Order advising plaintiff to respond or Court may deem matter as conceded. Response due by 12/21/2020. Signed by Judge Christopher R. Cooper on 9/30/2020. (lccrc1) (Entered: 09/30/2020)
2020-10-1632MOTION to Compel by DONATOS SARRAS (ztd) (Entered: 11/03/2020)
2020-11-09MINUTE ORDER: Defendant shall respond to Plaintiff's 32 Motion to Compel by November 16, 2020. Signed by Judge Christopher R. Cooper on 11/9/2020. (lccrc1) (Entered: 11/09/2020)
2020-11-1633STATUS REPORT by DOJ. (Attachments: # 1 Declaration (Amanda Marchand Jones))(McBride, Patricia) (Entered: 11/16/2020)
2020-11-1634NOTICE by DOJ re 33 Status Report (McBride, Patricia) (Entered: 11/16/2020)
2020-12-2835Memorandum in opposition to re 28 MOTION for Summary Judgment MOTION to Dismiss filed by DONATOS SARRAS. (ztth) (Entered: 12/30/2020)
2021-01-0736MOTION for Extension of Time to File a Reply by DOJ (McBride, Patricia) (Entered: 01/07/2021)
2021-01-13MINUTE ORDER granting 36 Motion for Extension of Time: it is hereby ORDERED that Defendant shall respond to the Plaintiff's opposition by February 17, 2021. Signed by Judge Christopher R. Cooper on 1/13/2021. (lccrc1) (Entered: 01/13/2021)
2021-01-13Set/Reset Deadlines: Responses due by 2/17/2021 (lsj) (Entered: 01/13/2021)
2021-02-0837MOTION for Extension of Time to File Response/Reply by DONATOS SARRAS. (ztd) (Entered: 02/10/2021)
2021-02-1238MOTION for Leave to File Leave to file Exparte by DOJ. (McBride, Patricia) (Entered: 02/12/2021)
2021-02-12MINUTE ORDER denying 37 Motion for Extension of Time: Plaintiff is advised that because he elected not to file a cross-motion for summary judgment, he is unable to file a reply in support of that cross-motion. Plaintiff is further advised that LCvR 7 provides for a motion, an opposition, and a reply. Neither the local nor federal rules provide for a surreply. Plaintiff may, however, seek leave to file a su rreply by filing a motion for such relief along with the proposed pleading. Signed by Judge Christopher R. Cooper on 2/12/2021. (lccrc1) (Entered: 02/12/2021)
2021-02-1239REPLY to opposition to motion re 28 MOTION for Summary Judgment MOTION to Dismiss filed by DOJ. (Attachments: # 1 Declaration, # 2 Exhibit)(McBride, Patricia) (Entered: 02/12/2021)
2021-02-16MINUTE ORDER granting 38 Motion for Leave to File Ex Parte and In Camera Declaration: The Clerk shall accept the Declaration of Amanda Marchand Jones for ex parte and in camera review by the Court. Signed by Judge Christopher R. Cooper on 2/16/2021. (lccrc1) (Entered: 02/16/2021)
2021-03-02MINUTE ORDER: Plaintiff has contacted the Clerk's Office and pointed out that certain of DOJ's filings include an incorrect address in the certificate of service. The Court has reviewed the docket and the filings therein, and it appears that certain filings include the correct address of record, see, e.g. , ECF Nos. 33 , 34 , whereas others include an incorrect address, see, e.g. , ECF No. 28 . Although DOJ's Motion for Summary Judgment is among the latter group, it appears that Sarras nonetheless received that motion because he references it explicitly in his 35 opposition and 32 motion to compel. A prior filing from Sarras indicates that he was receiving DOJ's filings directly from the Clerk's Office. See ECF No. 29 . Nonetheless, out of an abundance of caution, the Court will provide Plaintiff the opportunity to file a sur-reply adding or amending any arguments that were affected by DOJ's error. Any such sur-reply shall be filed by Tuesday, March 23, 2021. Additionally, the Court advises DOJ to send any further filing to Plaintiff's address of record in Tucson, Arizona. SO ORDERED. Signed by Judge Christopher R. Cooper on 3/2/2021. (lccrc1) (Entered: 03/02/2021)
2021-03-0240MOTION for Declaratory Judgment by DONATOS SARRAS. (Attachments: # 1 Exhibit)(ztd) (Entered: 03/08/2021)
2021-03-1141NOTICE of Change of Address by DONATOS SARRAS (ztd) (Entered: 03/15/2021)
2021-03-1143MOTION for Leave to File by DONATOS SARRAS. (Attachments: # 1 Exhibit Surreply)(ztd) (Entered: 04/12/2021)
2021-03-3042NOTICE by DONATOS SARRAS (ztd) (Entered: 04/01/2021)
2021-08-0544OPINION and ORDER granting in part 28 Motion for Summary Judgment; denying 29 Motion to Clarify; denying 32 Motion to Compel; denying 40 Motion for Declaratory Judgment; and granting 43 Motion for Leave to File. See full Opinion and Order for details. Signed by Judge Christopher R. Cooper on 8/5/2021. (lccrc1) (Entered: 08/05/2021)
2021-08-06ENTERED IN ERROR.....Set/Reset Deadlines: Government's Supplemental Declaration due by 10/5/2021. (lsj) Modified on 10/29/2021 (nbn). (Entered: 08/06/2021)
2021-08-06Set/Reset Deadlines: Supplemental Declaration due by 9/5/2021. Responses due by 10/5/2021. (nbn) (Entered: 10/29/2021)
2021-10-0145MOTION for Extension of Time to by DOJ. (McBride, Patricia) (Entered: 10/01/2021)
2021-10-04MINUTE ORDER granting 45 Motion for Extension of Time. It is hereby ORDERED that Defendant's Supplemental Declaration is due by 12/15/2021. Signed by Judge Christopher R. Cooper on 10/4/2021. (lccrc1) (Entered: 10/04/2021)
2021-10-0546STATUS REPORT by DONATOS SARRAS. (znmw) (Entered: 10/06/2021)
2021-11-1247RESPONSE re 45 MOTION for Extension of Time to filed by DONATOS SARRAS. (Attachments: # 1 Exhibit)(znmw) (Entered: 11/15/2021)
2021-12-20MINUTE ORDER: The government is hereby directed to file its supplemental declaration, the deadline for which was extended from September 5 to December 15, forthwith. Signed by Judge Christopher R. Cooper on 12/20/2021. (lccrc1) (Entered: 12/20/2021)
2021-12-2248NOTICE of Filing Supplemental Declaration by DOJ (Attachments: # 1 Declaration Supplemental)(McBride, Patricia) (Entered: 12/22/2021)
2022-01-1149RESPONSE re 48 Notice of Supplemental Declaration filed by DONATOS SARRAS. (znmw) (Entered: 01/13/2022)
2022-01-1150MOTION for Production Schedule by DONATOS SARRAS. (See Docket Entry 49 to view document). (znmw) (Entered: 01/13/2022)
2022-01-1851NOTICE of Receipt by DONATOS SARRAS. (ztth) (Main Document 51 replaced on 1/19/2022) (znmw). Modified event title on 1/19/2022 (znmw). (Entered: 01/19/2022)
2022-01-20MINUTE ORDER: In light of the 46 Plaintiff's Status Report, 48 Defendant's Supplemental Declaration and 49 Plaintiff's Response, it is hereby ORDERED that the Defendant submit a Status Report in 30 days detailing the remaining searches to be conducted, number of potentially responsive records to be reviewed, and an estimated time to complete the production of responsive material to the Plaintiff. Defendant shall also provide Plaintiff will responsive, non-exempt documents on a rolling basis. Given the length of time since Plaintiffs initial FOIA request, the Court hopes the production can be finished without unnecessary delay. Plaintiffs 50 Motion for a Production Schedule is DENIED without prejudice to the refiling of a similar motion after the Defendant provides an estimate of the number of outstanding records to be reviewed and the estimated completion date. SO ORDERED Judge Christopher R. Cooper on 1/19/2022. (lccrc1) (Entered: 01/20/2022)
2022-02-1652STATUS REPORT by DOJ. (McBride, Patricia) (Entered: 02/16/2022)
2022-02-18MINUTE ORDER: In light of the 52 Status Report, it is hereby ORDERED that the Defendant submit a further Status Report by 4/25/2022. Signed by Judge Christopher R. Cooper on 2/18/2022. (lccrc1) (Entered: 02/18/2022)
2022-04-1953STATUS REPORT by DOJ. (McBride, Patricia) (Entered: 04/19/2022)
2022-04-26MINUTE ORDER: In light of the 53 status report, the parties shall submit a further status report by May 27, 2022, that includes a proposal for further proceedings in this case, if no stipulation of dismissal has been filed before then. Signed by Judge Christopher R. Cooper on 4/26/2022. (lccrc1) (Entered: 04/26/2022)
2022-05-0654STATUS REPORT by DONATOS SARRAS. (znmw) (Entered: 05/09/2022)
2022-05-2555STATUS REPORT by DOJ. (McBride, Patricia) (Entered: 05/25/2022)
2022-05-31MINUTE ORDER: In light of 54 , 55 status reports, it is hereby ordered that the parties file a status report and proposed schedule for prompt briefing by 7/29/2022. Signed by Judge Christopher R. Cooper on 5/31/2022. (lccrc1) (Entered: 05/31/2022)
2022-07-0556NOTICE by DONATOS SARRAS (zjm) (Entered: 07/07/2022)
2022-07-1557NOTICE by DONATOS SARRAS (zjm) (Entered: 07/27/2022)
2022-07-2659Plaintiff's STATUS REPORT and Proposed Briefing Schedule by DONATOS SARRAS. (zjm) (Entered: 08/05/2022)
2022-07-2858STATUS REPORT by DOJ. (McBride, Patricia) (Entered: 07/28/2022)
2022-08-01MINUTE ORDER: In light of the 58 Status Report, the Court hereby sets the following briefing schedule: Defendant's Motion for Summary Judgment is due September 30, 2022; Plaintiff's Opposition is due October 30, 2022; Defendant's Reply is due November 30, 2022. Signed by Judge Christopher R. Cooper on 8/1/2022. (lccrc1) (Entered: 08/01/2022)
2022-08-05MINUTE ORDER: Upon receipt of plaintiff's 59 Status Report and Proposed Briefing Schedule, the Court hereby MODIFIES the previously entered summary judgment briefing schedule as follows: Defendant's Motion for Summary Judgment is due September 30, 2022. Plaintiff's Opposition and any Cross-Motion for Summary Judgment is due October 30, 2022. Defendant's Consolidated Opposition and Reply is due November 30, 2022. Plaintiff's Reply, if any, is due by December 30, 2022. The Court is also in receipt of Plaintiffs 57 Notice, which appears to challenge DOJs responsiveness to three FOIA requests that were initiated after the commencement of this lawsuit. Mr. Sarras must file a new complaint should he wish to address these issues. The Clerk shall transmit a copy of this Minute Order and the docket sheet to Plaintiff. SO ORDERED by Judge Christopher R. Cooper on 8/5/2022. (lccrc1) (Entered: 08/05/2022)
2022-08-0561MOTION for Reconsideration re 44 Order on Motion for Summary Judgment,, Order on Motion to Clarify,, Order on Motion to Compel,, Order on Motion for Declaratory Judgment,, Order on Motion for Leave to File, by DONATOS SARRAS. (Documents are duplicate of Docket Entry 60 ) (Attachments: # 1 Exhibit, # 2 Envelope)(zjm) Modified on 8/10/2022 to terminate motion (zjm). (Entered: 08/10/2022)
2022-08-0860MOTION for Reconsideration re 44 Order on Motion for Summary Judgment,, Order on Motion to Clarify,, Order on Motion to Compel,, Order on Motion for Declaratory Judgment, Order on Motion for Leave to File, by DONATOS SARRAS. (Attachments: # 1 Exhibit, # 2 Envelope)(zjm) (Entered: 08/10/2022)
2022-08-1662MOTION for Extension of Time to File by DOJ. (McBride, Patricia) (Entered: 08/16/2022)
2022-08-16MINUTE ORDER granting 62 Motion for Extension of Time. Defendant shall respond to the Plaintiff's motion for reconsideration by August 31, 2022. Signed by Judge Christopher R. Cooper on 8/16/2022. (lccrc1) (Entered: 08/16/2022)
2022-08-3063MOTION for Extension of Time to file Opposition by DOJ. (McBride, Patricia) (Entered: 08/30/2022)
2022-08-31MINUTE ORDER: Defendant's 63 Motion for an Extension of Time is hereby granted. Defendant shall respond to the Plaintiff's motion for reconsideration by September 1, 2022. Signed by Judge Christopher R. Cooper on 8/31/2022. (lccrc1) (Entered: 08/31/2022)
2022-09-0164Memorandum in opposition to re 60 Motion for Reconsideration, 61 Motion for Reconsideration, filed by DOJ. (McBride, Patricia) (Entered: 09/01/2022)
2022-09-1665REPLY to opposition to motion re 60 MOTION for Reconsideration re 44 Order on Motion for Summary Judgment, Order on Motion to Clarify, Order on Motion to Compel, Order on Motion for Declaratory Judgment, Order on Motion for Leave to File, filed by DONATOS SARRAS. (zjm) (Entered: 09/21/2022)
2022-09-2766MOTION for Extension of Time to File by DOJ. (McBride, Patricia) (Entered: 09/27/2022)
2022-10-13MINUTE ORDER: The Court hereby grants Defendant's 66 Motion to Enlarge Time to File Its Renewed Motion for Summary Judgment. The deadlines listed in the Court's August 5, 2022 minute order are hereby suspended, and Defendant shall file its renewed motion for summary judgment thirty days after the Court has ruled on Plaintiff's 60 Motion for Reconsideration. Signed by Judge Christopher R. Cooper on 10/13/2022. (lccrc1) (Entered: 10/13/2022)
2022-10-3167NOTICE by DONATOS SARRAS (zjm) (Entered: 11/03/2022)
2022-10-3168MOTION The Court to Instruct Defendant to Use Certified Mail to Serve Plaintiff with Defendant's Filings by DONATOS SARRAS. (zjm) (Entered: 11/03/2022)
2022-11-10MINUTE ORDER: Plaintiff's 60 Motion for Reconsideration is hereby denied without prejudice. However, in light of Plaintiff's pro se status and the ambiguity surrounding his receipt of documents 8 and 37 during the last round of summary judgment briefing, the Court will entertain in the renewed summary judgment briefing Plaintiff's argument that those documents are not subject to the deliberative process privilege, for the reasons set forth in Plaintiff's motion for reconsideration. In its renewed summary judgment briefing, Defendant is directed to address the merits of Plaintiff's argument based on Sluss v. U.S. Department of Justice, 1:17-cv-00064, 2019 WL 2493447 (D.D.C. June 14, 2019), that the Office of Enforcement Operations Director's assent to the International Prisoner Transfer Unit's recommendation based on the same denial codes cited in the Unit's memorandums stripped the documents of their deliberative process privilege status. It is FURTHER ORDERED that, pursuant to the Court's October 13, 2022 Minute Order, Defendant's renewed Motion for Summary Judgment is due by December 12, 2022. Plaintiff's Opposition and any Cross-Motion for Summary Judgment is due January 12, 2023. Defendant's Consolidated Opposition and Reply is due February 13, 2023. Plaintiff's Reply, if any, is due by February 27, 2023. In light of the concerns about Plaintiff's receipt of filings in this case described in Plaintiff's recent 67 Notice and 68 Motion, and out of an abundance of caution, it is FURTHER ORDERED that Defendant shall serve Plaintiff with its renewed summary judgment briefing by certified mail. SO ORDERED by Judge Christopher R. Cooper on 11/10/2022. (lccrc1) (Entered: 11/10/2022)
2022-12-1169MOTION for Extension of Time to File by DOJ. (McBride, Patricia) (Entered: 12/11/2022)
2022-12-13MINUTE ORDER granting Defendant's 69 Motion to Enlarge Time to File Its Renewed Motion for Summary Judgment. Defendant's renewed Motion for Summary Judgment is due by January 4, 2023. Plaintiff's Opposition and any Cross-Motion for Summary Judgment is due by February 10, 2023. Defendant's Consolidated Opposition and Reply is due by March 30, 2023. Plaintiff's Reply, if any, is due by April 13, 2023. Signed by Judge Christopher R. Cooper on 12/13/2022. (lccrc1) (Entered: 12/13/2022)
2023-01-0470MOTION for Extension of Time to File by DOJ. (McBride, Patricia) (Entered: 01/04/2023)
2023-01-0471ERRATA CORRECTION by DOJ re 70 Motion for Extension of Time to File. (McBride, Patricia) (Entered: 01/04/2023)
2023-01-05MINUTE ORDER granting Defendant's 70 Motion to Enlarge Time to File Its Renewed Motion for Summary Judgment. Defendant's renewed motion for summary judgment is due by January 9, 2023. Signed by Judge Christopher R. Cooper on 1/5/2023. (lccrc1) (Entered: 01/05/2023)
2023-01-0972MOTION for Summary Judgment by DOJ. (Attachments: # 1 Declaration, # 2 Declaration, # 3 Exhibit)(McBride, Patricia) (Entered: 01/09/2023)
2023-01-11MINUTE ORDER: The Court is in receipt of Defendant's renewed motion for summary judgment, filed on January 9, 2023. The certificate of service appended to the motion indicates that Defendant served Plaintiff at Rivers Correctional Institution, rather than his address of record at Tucson United States Penitentiary. Defendant is hereby directed to serve the renewed motion for summary judgment and exhibits on Plaintiff at the correct address, via certified mail. Defendant is further directed to file a new certificate of service after mailing these materials to the correct address. SO ORDERED by Judge Christopher R. Cooper on 1/11/2023. (lccrc1) (Entered: 01/11/2023)
2023-01-1373ERRATA by DOJ re 72 Motion for Summary Judgment. (Attachments: # 1 Motion for Summary Judgment (Amended))(McBride, Patricia) (Entered: 01/13/2023)
2023-01-1374NOTICE (Notice of Filing of Amended Brief) by DOJ re 73 Errata (McBride, Patricia) (Entered: 01/13/2023)
2023-01-31MINUTE ORDER: In light of Defendant's delayed filing of an amended renewed motion for summary judgment in this case and Defendant's initial service of the renewed motion for summary judgment to the incorrect address for Plaintiff, the Court hereby extends Plaintiff's deadline to file his Opposition and any Cross-Motion for Summary Judgment to March 1, 2023. The other deadlines set forth in the Court's December 13, 2022 Minute Order remain unchanged. Signed by Judge Christopher R. Cooper on 1/31/2023. (lccrc1) (Entered: 01/31/2023)
2023-02-0675NOTICE by DOJ re Order,, 74 Notice (Other), 72 Motion for Summary Judgment, 73 Errata (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(McBride, Patricia) (Entered: 02/06/2023)
2023-02-1476Order advising plaintiff to respond or Court may deem matter as conceded Response due by 3/1/2023. Signed by Judge Christopher R. Cooper on 2/14/2023. (lccrc1) (Entered: 02/14/2023)
2023-03-0377Memorandum in opposition to re 72 Motion for Summary Judgment filed by DONATOS SARRAS. (Attachment: # 1 Exhibits)(zjm) (Entered: 03/10/2023)
2023-03-0378Cross MOTION for Summary Judgment by DONATOS SARRAS. (See Docket Entry 77 to view document) (zjm) (Entered: 03/10/2023)
2023-03-0679ERRATA by DONATOS SARRAS re 78 Motion for Summary Judgment, 77 Memorandum in Opposition. (zjm) (Entered: 03/13/2023)
2023-03-2880MOTION for Extension of Time to File Response/Reply by DOJ. (McBride, Patricia) (Entered: 03/28/2023)
2023-03-30MINUTE ORDER granting Defendant's 80 Motion for Extension of Time. Defendant shall file its consolidated opposition and reply by April 28, 2023. Plaintiff shall file his reply, if any, by May 19, 2023. Defendant's extension request does not explain why the agency has decided to conduct a supplemental search in response to Plaintiff's opposition and cross-motion. But if that search is likely to result in a substantial number of additional responsive documents, potentially narrow the issues in dispute, or alter the legal analysis required to resolve the pending summary judgment motions, then the Court would consider striking the pending motions without prejudice to renewal after Defendant has completed its searches once and for all. The Court invites Defendant to opine on that approach on or before April 6, 2023. Signed by Judge Christopher R. Cooper on 3/30/2023. (lccrc1) (Entered: 03/30/2023)
2023-04-0681NOTICE by DOJ (McBride, Patricia) (Entered: 04/06/2023)
2023-04-2782MOTION for Extension of Time to File Response/Reply by DOJ. (McBride, Patricia) (Entered: 04/27/2023)
2023-04-28MINUTE ORDER granting Defendant's 82 Motion to Enlarge Time to File. Defendant shall file its consolidated opposition and reply by May 5, 2023. Plaintiff shall file his reply, if any, by May 26, 2023. Signed by Judge Christopher R. Cooper on 4/28/2023. (lccrc1) (Entered: 04/28/2023)
2023-05-0583Memorandum in opposition to re 78 Motion for Summary Judgment filed by DOJ. (Attachments: # 1 Declaration (Second Declaration of Traci McCoy), # 2 Exhibit A)(McBride, Patricia) (Entered: 05/05/2023)
2023-05-0584REPLY to opposition to motion re 72 MOTION for Summary Judgment filed by DOJ. (McBride, Patricia) (Entered: 05/05/2023)
2023-05-0885NOTICE OF SERVICE by DOJ (McBride, Patricia) (Entered: 05/08/2023)
2023-06-0286REPLY to opposition to motion re 78 MOTION for Summary Judgment filed by DONATOS SARRAS. (zjm) (Entered: 06/08/2023)
2023-09-2787MEMORANDUM OPINION AND ORDER granting in part 72 Defendant's Motion for Summary Judgment and denying in part 78 Plaintiff's Cross-Motion for Summary Judgment. The Court also sets the following schedule for supplemental briefing: Defendant's supplemental memorandum in support of summary judgment shall be due by November 13, 2023; Plaintiff's response, if any, shall be due by December 13, 2023; and Defendant's reply, if any, shall be due by January 3, 2024. See full Memorandum Opinion and Order for details. Signed by Judge Christopher R. Cooper on 9/27/2023. (lccrc3) (Entered: 09/27/2023)
2023-11-0788MOTION for Extension of Time to File by DOJ. (McBride, Patricia) (Entered: 11/07/2023)
2023-11-09MINUTE ORDER granting 88 Defendant's Motion for Extension of Time to File. The Court adjusts the schedule for supplemental summary judgment briefing as follows: Defendant's supplemental memorandum in support of summary judgment shall be due by December 13, 2023; Plaintiff's response, if any, shall be due by January 12, 2024; and Defendant's reply, if any, shall be due by February 2, 2024. Signed by Judge Christopher R. Cooper on 11/9/2023. (lccrc3) (Entered: 11/09/2023)
2023-12-0789MOTION for Extension of Time to File by DOJ. (McBride, Patricia) (Entered: 12/07/2023)
2023-12-0790ERRATA TO CORRECT CERTIFICATE OF SERVICE by DOJ re 89 Motion for Extension of Time to File. (McBride, Patricia) (Entered: 12/07/2023)
2023-12-07MINUTE ORDER granting 89 Defendant's Motion for Extension of Time to File. The Court adjusts the schedule for supplemental summary judgment briefing as follows: Defendant's supplemental memorandum in support of summary judgment shall be due by January 31, 2024; Plaintiff's response, if any, shall be due by March 1, 2024; and Defendant's reply, if any, shall be due by March 22, 2024. Further extension requests may not be granted. Signed by Judge Christopher R. Cooper on 12/7/2023. (lccrc3) (Entered: 12/07/2023)
2024-01-2991MOTION for Extension of Time to File by DOJ. (McBride, Patricia) (Entered: 01/29/2024)
2024-01-30MINUTE ORDER granting 91 Defendant's Motion for Extension of Time to File. The Court adjusts the schedule for supplemental summary judgment briefing as follows: Defendant's supplemental memorandum in support of summary judgment shall be due by February 9, 2024; Plaintiff's response, if any, shall be due by March 11, 2024; and Defendant's reply, if any, shall be due by April 1, 2024. Signed by Judge Christopher R. Cooper on 1/30/2024. (lccrc3) (Entered: 01/30/2024)
2024-02-0792MOTION for Extension of Time to File by DOJ. (McBride, Patricia) (Entered: 02/07/2024)
2024-02-09MINUTE ORDER granting 92 Defendant's Motion for Extension of Time to File. The Court adjusts the schedule for supplemental summary judgment briefing as follows: Defendant's supplemental memorandum in support of summary judgment shall be due by February 16, 2024; Plaintiff's response shall be due by March 18, 2024; and Defendant's reply, if any, shall be due by April 8, 2024. Any further extension requests from Defendant must be accompanied by a statement that the request has the approval of a supervisor in the U.S. Attorneys Office. Signed by Judge Christopher R. Cooper on 2/9/2024.(lccrc3) (Entered: 02/09/2024)
2024-02-1693MOTION for Summary Judgment by DOJ. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Declaration)(McBride, Patricia) (Entered: 02/16/2024)
2024-02-2194ORDER advising Plaintiff to respond to 93 Defendant's Motion for Summary Judgment by March 22, 2024, or the Court may deem the matter conceded. The Court also sets the following briefing schedule. If Plaintiff chooses to file a cross-motion for summary judgment, he shall consolidate that motion with his response due March 22, 2024. Defendant's consolidated opposition and reply, if any, shall be due April 22, 2024. Plaintiff's reply, if any, shall be due May 6, 2024. Signed by Judge Christopher R. Cooper on 2/21/2024. (lccrc3) (Entered: 02/21/2024)
2024-03-1195NOTICE by DONATOS SARRAS (zjm) (Entered: 03/14/2024)
2024-03-1496NOTICE of Service by DOJ (McBride, Patricia) (Entered: 03/14/2024)
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