Case Detail

FOIA Project Annotation: A federal court in Massachusetts has ruled that the EOUSA and the SEC properly responded to requests from Jonathan Mullane for records concerning his law student internship with the U.S. Attorney's Office for the Southern District of Florida between January and April 2018 and his application for an internship with the Miami office of the SEC. In response to his request to the EOUSA, the agency disclosed 3,847 unredacted pages and 377 redacted pages, withholding 88 pages. The SEC located 81 pages pertaining to his internship application and subsequently disclosed an additional 241 pages of emails. Mullane argued that EOUSA's search was inadequate because it did not locate any emails pertaining to his dismissed civil suit for defamation against a publication called Breaking Media, which included charges against U.S. District Court Judge Federico Moreno and former U.S. Attorney Benjamin Greenberg. District Court Judge Denise Casper pointed out that the charges against Moreno and Greenberg were both dismissed for lack of jurisdiction and which was a matter of public record. Dismissing Mullane's claims related to the search, Casper noted that "for all these objections, Mullane's reliance on individual missing emails and documents, even if he were able to identify them, does not render a search inadequate as a matter of law. Furthermore, Mullane's belief that certain documents must exist but have not been produced is not the standard for the Court's inquiry of whether the search was adequately tailored to the request and performed accordingly." Casper approved of EOUSA's privilege claims under Exemption 5 (privileges). Mullane argued that emails sent by Wendy Jacobus were not covered by the attorney-client privilege because she was not the attorney for Alison Lehr, who was Mullane's supervisor at the Miami Office of the U.S. Attorney. But Casper noted that "DOJ's description of the emails contradicts Mullane's assertion as Jacobus was involved in discussing Mullane's civil litigation against Lehr in her capacity as an attorney at DOJ, from whom Lehr sought representation and legal advice." However, Casper faulted some of EOUSA's deliberative process privilege claims, including an email exchange with the University of Miami law school about internships. Casper indicated that although EOUSA had not explained what systems of records were covered under the Privacy Act, she concluded that since Mullane had not pursued his administrative remedies, she did not have jurisdiction over those claims.
Issues: Adequacy - Search, Exemption 5 - Privileges - Attorney-client privilege, Exemption 5 - Privileges - Deliberative process privilege - Deliberative

Date Filed	Doc #	Docket Text
2019-11-19	1	COMPLAINT against All Defendants Filing fee: $ 400, receipt number 0101-7978825 (Fee Status: Filing Fee paid), filed by Jonathan Mullane. (Attachments: # 1 Exhibit Exhibits, # 2 Civil Cover Sheet, # 3 Category Form)(Mullane, E. Peter) (Entered: 11/19/2019)
2019-11-20	2	ELECTRONIC NOTICE of Case Assignment. Judge Denise J. Casper assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Marianne B. Bowler. (Finn, Mary) (Entered: 11/20/2019)
2019-11-20	3	Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Burgos, Sandra) (Entered: 11/20/2019)
2019-11-26	4	AFFIDAVIT OF SERVICE Executed by Jonathan Mullane. All Defendants. Acknowledgement filed by Jonathan Mullane. (Mullane, E. Peter) (Entered: 11/26/2019)
2019-12-30	5	NOTICE by Jonathan Mullane Related Proceeding (Mullane, E. Peter) (Entered: 12/30/2019)
2019-12-30	6	Assented to MOTION for Extension of Time to January 17, 2020 to File Answer re 1 Complaint, by United States Department of Justice, United States Securities and Exchange Commission.(Weida, Jason) (Entered: 12/30/2019)
2019-12-31	7	Judge Denise J. Casper: ELECTRONIC ORDER entered granting 6 Motion for Extension of Time to Answer re 1 Complaint, All Defendants 1/17/20. (Hourihan, Lisa) (Entered: 12/31/2019)
2020-01-03	8	Notice of Related Proceeding (Mullane, E. Peter) Modified on 1/7/2020 (McKillop, Matthew). (Entered: 01/03/2020)
2020-01-17	9	NOTICE of Appearance by Michael P. Sady on behalf of United States Department of Justice, United States Securities and Exchange Commission (Sady, Michael) (Entered: 01/17/2020)
2020-01-17	10	ANSWER to Complaint by United States Department of Justice, United States Securities and Exchange Commission.(Sady, Michael) (Entered: 01/17/2020)
2020-01-21	11	NOTICE of Scheduling Conference Scheduling Conference set for 2/24/2020 02:30 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) (Entered: 01/21/2020)
2020-01-21	12	NOTICE of Withdrawal of Appearance by Jason C. Weida (Weida, Jason) (Entered: 01/21/2020)
2020-02-20	13	Proposed JOINT SUBMISSION pursuant to Local Rule 16.1 by Jonathan Mullane.(Mullane, E. Peter) (Entered: 02/20/2020)
2020-02-21	14	CERTIFICATION pursuant to Local Rule 16.1 . (Sady, Michael) (Entered: 02/21/2020)
2020-02-21	15	MOTION for Discovery Vaughn Index by Jonathan Mullane. (Attachments: # 1 Exhibit Authority)(Mullane, E. Peter) (Entered: 02/21/2020)
2020-02-21	16	CERTIFICATION pursuant to Local Rule 16.1 Plaintiff's Certification . (Mullane, E. Peter) (Entered: 02/21/2020)
2020-02-24	17	Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Scheduling Conference held on 2/24/2020. Court hears from counsel. Court takes matter under advisement. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: E. Peter Mullane for the plaintiff. Michael Sady for the defendants.) (Hourihan, Lisa) (Entered: 02/25/2020)
2020-02-27	18	Judge Denise J. Casper: ELECTRONIC ORDER entered re: 15 Motion for Discovery. Motion for Vaughn index is DENIED without prejudice. The Court consider Plaintiff's motion in conjunction with the parties' conflicting views about whether discovery is warranted here given the nature of Plaintiff's claims and, if warranted, the timing of same. Here Plaintiff Jonathan Mullane brings a claim under the Privacy Act (Count I) and a claim under FOIA (Count II) against Defendants U.S. Department of Justice ("DOJ") and U.S. Securities and Exchange Commission ("SEC"). D. 1 at 7-9. Although arising under different statutes, Mullane's allegation under both counts is that these agencies unlawfully withheld records responsive to his Privacy Act and FOIA requests. As discussed with counsel at Monday's initial scheduling conference, and as reflected in case law, "discovery is not typically a part of FOIA and Privacy Act cases" and "whether to permit discovery is within the sound discretion of the district court judge." Broaddrick v. Executive Office of President , 139 F. Supp. 2d 55, 63 (D.D.C. 2001) and cases cited . The cases cited by Plaintiff do not persuade the Court otherwise and some support the sequencing that the Court was contemplating at the initial scheduling conference. See , e.g. , Scarborough v. Harvey , 493 F. Supp. 2d 1, 18 (D.D.C. 2007) (considering the defendants' partial motion for summary judgment as to the Privacy Act claim where, in opposition to same, plaintiffs had moved for discovery under Fed. R. Civ. P. 56(f), now Rule 56(d)). Given the nature of Plaintiff's claims and the schedule that the Court will otherwise adopt here, the Court DENIES Plaintiff's motion without prejudice. (Hourihan, Lisa) (Entered: 02/27/2020)
2020-02-27	19	Judge Denise J. Casper: ELECTRONIC ORDER entered D. 13,14: Having considered the parties' respective scheduling proposals, having heard the defense's update regarding the production of additional documents to Plaintiff's request and having denied Plaintiff's motion for Vaughn index without prejudice, the Court ORDERS the following schedule: 1. As the defense indicated that Defendant DOJ was in the process of producing additional responsive documents, it shall do so on a rolling basis to Plaintiff and shall give the Court an update regarding same on or before April 27, 2020; 2. Any motion for summary judgment shall be filed by June 26, 2020. Any supporting memoranda and affidavits shall be filed with the motion and shall include a Vaughn index correlating any withheld documents to particular exemptions. See N.H. Right to Life v. U.S. Dept. of Health and Human Servs. , 778 F.3d 43, 48 & n.3 (1st Cir. 2015). Opposition to same shall be due by July 27, 2020. If in opposing any motion for summary judgment, "the nonmovant shows by affidavit or declaration that, for specified reasons, it cannot present facts essential to justify its opposition," it may seek relief under Fed. R. Civ. P. 56(d).(Hourihan, Lisa) (Entered: 02/27/2020)
2020-06-11	20	MOTION to Seal by Jonathan Mullane. (Attachments: # 1 Exhibit 1)(McKillop, Matthew) (Entered: 06/11/2020)
2020-06-24	21	Assented to MOTION for Extension of Time to 7/10/20 to File Motion for Summary Judgment by United States Department of Justice, United States Securities and Exchange Commission.(Sady, Michael) (Entered: 06/24/2020)
2020-06-29	22	SEALED DOCUMENT.Response to Motion to Seal D. 20. (Hourihan, Lisa) (Entered: 07/01/2020)
2020-07-03	23	MOTION for Leave to File Verified First Amended Complaint by Jonathan Mullane. (Attachments: # 1 Exhibit Proposed Verified First Amended Complaint)(Mullane, E. Peter) (Entered: 07/03/2020)
2020-07-07	24	Judge Denise J. Casper: ELECTRONIC ORDER entered granting 21 Motion for Extension of Time to 7/10/20 to File Motion for Summary Judgment by United States Department of Justice, United States Securities and Exchange Commission (Hourihan, Lisa) (Entered: 07/07/2020)
2020-07-09	25	Judge Denise J. Casper: ELECTRONIC ORDER entered re: 20 Motion to Seal. Having considered the motion to seal, D. 20, and the opposition, D. 22, the Court DENIES the motion to seal. The exhibit attached to the motion does not relate to any pending motion before the Court and, at best, is premature. To the extent that Plaintiff is seeking to have all filings in this matter sealed, that request is also denied. (Hourihan, Lisa) (Entered: 07/09/2020)
2020-07-10	26	MOTION for Leave to File Bief in Excess of 20 Pages by United States Department of Justice, United States Securities and Exchange Commission.(Sady, Michael) (Entered: 07/10/2020)
2020-07-10	27	MOTION for Summary Judgment by United States Department of Justice, United States Securities and Exchange Commission.(Sady, Michael) (Entered: 07/10/2020)
2020-07-10	28	MEMORANDUM in Support re 27 MOTION for Summary Judgment filed by United States Department of Justice, United States Securities and Exchange Commission. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Sady, Michael) (Entered: 07/10/2020)
2020-07-13	29	Judge Denise J. Casper: ELECTRONIC ORDER entered granting 26 Motion for Leave to File Brief in Excess of 20 Pages by United States Department of Justice, United States Securities and Exchange Commission (Hourihan, Lisa) (Entered: 07/13/2020)
2020-07-16	30	Assented to MOTION for Extension of Time to 7/31/20 to File an Opposition to Plaintiff's Motion for Leave to File Amended Complaint by United States Department of Justice, United States Securities and Exchange Commission.(Sady, Michael) (Entered: 07/16/2020)
2020-07-17	31	Judge Denise J. Casper: ELECTRONIC ORDER entered granting 30 Motion for Extension of Time to 7/31/20 to file Response to Motion for Leave to Amend Complaint (Hourihan, Lisa) (Entered: 07/17/2020)
2020-07-21	32	First MOTION for Extension of Time to 30 days from ruling on allowance of amended complaint to File Response/Reply as to 27 MOTION for Summary Judgment by Jonathan Mullane.(Mullane, E. Peter) (Entered: 07/21/2020)
2020-07-31	33	Opposition re 23 MOTION for Leave to File Verified First Amended Complaint filed by United States Department of Justice, United States Securities and Exchange Commission. (Sady, Michael) (Entered: 07/31/2020)
2020-10-12	34	Letter/request (non-motion) from E. Peter Mullane for hearing on D.E. 23 . (Mullane, E. Peter) (Entered: 10/12/2020)
2020-10-20	35	Judge Denise J. Casper: ELECTRONIC ORDER entered re: 23 Motion for Leave to File Amended Complaint. Having considered the motion, D. 23, and the opposition, D. 33, the Court DENIES the motion to amend. (Hourihan, Lisa) (Entered: 10/20/2020)
2020-10-20	36	Judge Denise J. Casper: ELECTRONIC ORDER entered re 34 Letter/request. To the extent that D. 34 sought a hearing regarding D. 23, that request is DENIED. (Hourihan, Lisa) (Entered: 10/20/2020)
2020-10-20	37	Judge Denise J. Casper: ELECTRONIC ORDER entered granting 32 Motion for Extension of Time to File Response/Reply re 27 MOTION for Summary Judgment Responses due by 11/20/2020 (Hourihan, Lisa) (Entered: 10/20/2020)
2020-10-20	38	ELECTRONIC NOTICE Setting Hearing on Motion 27 MOTION for Summary Judgment : This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible. Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html . For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov . Motion Hearing set for 1/28/2021 02:00 PM in Remote Proceeding : Boston before Judge Denise J. Casper. (Hourihan, Lisa) (Entered: 10/20/2020)
2020-10-21	39	Judge Denise J. Casper: Standing Order Regarding Appearance of Counsel Via Telephone or Videoconference (Hourihan, Lisa) (Entered: 10/21/2020)
2020-11-12	40	Assented to MOTION for Extension of Time to File Response/Reply as to 27 MOTION for Summary Judgment , 28 Memorandum in Support of Motion, by Jonathan Mullane.(Mullane, E. Peter) (Entered: 11/12/2020)
2020-11-17	41	Judge Denise J. Casper: ELECTRONIC ORDER entered granting 40 Motion for Extension of Time to File Response/Reply re 27 MOTION for Summary Judgment Responses due by 12/11/2020 (Hourihan, Lisa) (Entered: 11/17/2020)
2020-12-14	42	Second MOTION for Extension of Time to File Response/Reply as to 27 MOTION for Summary Judgment by Jonathan Mullane.(Mullane, E. Peter) (Entered: 12/14/2020)
2020-12-23	43	Judge Denise J. Casper: ELECTRONIC ORDER entered granting nunc pro tunc 42 Motion for Extension of Time to File Response/Reply re 27 MOTION for Summary Judgment Responses due by 12/21/2020 (Hourihan, Lisa) (Entered: 12/23/2020)
2020-12-25	44	Opposition re 27 MOTION for Summary Judgment filed by Jonathan Mullane. (Attachments: # 1 Exhibit 1-11)(Mullane, E. Peter) (Entered: 12/25/2020)
2020-12-25	45	AFFIDAVIT in Support of 44 Opposition re 27 MOTION for Summary Judgment filed by Jonathan Mullane. (Attachments: # 1 Exhibit A-E)(Mullane, E. Peter) Modified on 12/29/2020 to adjust docket text and event used (Currie, Haley). (Entered: 12/25/2020)
2020-12-25	46	Statement of Material Facts L.R. 56.1 re 27 MOTION for Summary Judgment filed by Jonathan Mullane. (Mullane, E. Peter) Modified on 12/29/2020 to correct docket text and event used(Currie, Haley). (Entered: 12/25/2020)
2020-12-25	47	Second AFFIDAVIT in Support of 44 Opposition re 27 MOTION for Summary Judgment filed by Jonathan Mullane. (Attachments: # 1 Affidavit A)(Mullane, E. Peter) Modified on 12/29/2020 to adjust docket text and event used (Currie, Haley). (Entered: 12/25/2020)
2021-01-13	48	Assented to MOTION for Leave to File Reply by United States Department of Justice, United States Securities and Exchange Commission.(Sady, Michael) (Entered: 01/13/2021)
2021-01-20	49	Joint MOTION to Continue Hearing on Defendants' Motion for Summary Judgment by United States Department of Justice, United States Securities and Exchange Commission.(Sady, Michael) (Entered: 01/20/2021)
2021-01-22	50	Judge Denise J. Casper: ELECTRONIC ORDER entered granting 48 Motion for Leave to File Reply Brief; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Hourihan, Lisa) (Entered: 01/22/2021)
2021-01-23	51	Judge Denise J. Casper: ELECTRONIC ORDER entered granting 49 Motion to Continue Summary Judgment Hearing (Hourihan, Lisa) (Entered: 01/23/2021)
2021-01-23	52	ELECTRONIC NOTICE Resetting Hearing on Motion 27 MOTION for Summary Judgment : This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible. Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html . For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov . Motion Hearing set for 2/25/2021 03:15 PM in Remote Proceeding : Boston before Judge Denise J. Casper. (Hourihan, Lisa) (Entered: 01/23/2021)
2021-02-08	53	Second MOTION to Amend 1 Complaint, by Jonathan Mullane. (Attachments: # 1 Exhibit Proposed Amended Complaint, # 2 Exhibit Exhibits to Proposed Amended Complaint)(Mullane, E. Peter) (Attachment 1 replaced on 2/16/2021: counsel provided corrected document) (Currie, Haley). (Entered: 02/08/2021)
2021-02-16	54	Assented to MOTION for Extension of Time to February 17, 2021 to File Response/Reply by United States Department of Justice, United States Securities and Exchange Commission.(Sady, Michael) (Entered: 02/16/2021)
2021-02-16	55	Judge Denise J. Casper: ELECTRONIC ORDER entered granting 54 Motion for Extension of Time to File Response/Reply re 27 MOTION for Summary Judgment Replies due by 2/17/2021. (Hourihan, Lisa) (Entered: 02/16/2021)
2021-02-17	56	REPLY to Response to 27 MOTION for Summary Judgment filed by United States Department of Justice, United States Securities and Exchange Commission. (Sady, Michael) (Entered: 02/17/2021)
2021-02-17	57	STATEMENT of facts Supplemental Rule 56.1 Statement of Facts . (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Sady, Michael) (Entered: 02/17/2021)
2021-02-19	58	MOTION to Strike 56 Reply to Response to Motion, 57 Statement of facts by Jonathan Mullane. (Attachments: # 1 Exhibit)(Mullane, E. Peter) (Entered: 02/19/2021)
2021-02-23	59	Assented to MOTION for Extension of Time to 3/9/2021 to File Response/Reply to Plaintiff's Motion to Amend Complaint by United States Department of Justice, United States Securities and Exchange Commission.(Sady, Michael) (Entered: 02/23/2021)
2021-02-24	60	Opposition re 58 MOTION to Strike 56 Reply to Response to Motion, 57 Statement of facts filed by United States Department of Justice, United States Securities and Exchange Commission. (Sady, Michael) (Entered: 02/24/2021)
2021-02-25	61	Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Motion Hearing held on 2/25/2021 re 53 Second MOTION to Amend 1 Complaint, filed by Jonathan Mullane, 27 MOTION for Summary Judgment filed by United States Securities and Exchange Commission, United States Department of Justice by videoconference. Arguments. Court takes under advisement 53 Motion to Amend; takes under advisement 27 Motion for Summary Judgment. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: E. Peter Mullane for the plaintiff. Michael Sady for the defendants.) (Hourihan, Lisa) (Entered: 02/25/2021)
2021-03-02	62	Judge Denise J. Casper: ELECTRONIC ORDER entered granting 59 Motion for Extension of Time to File Response/Reply re 53 Second MOTION to Amend 1 Complaint, Replies due by 3/9/2021. (Hourihan, Lisa) (Entered: 03/02/2021)
2021-03-09	63	Opposition re 53 Second MOTION to Amend 1 Complaint, filed by United States Department of Justice, United States Securities and Exchange Commission. (Attachments: # 1 Exhibit)(Sady, Michael) (Entered: 03/09/2021)
2021-03-09	64	Transcript of Motion Hearing via Videoconference held on February 25, 2021, before Judge Denise J. Casper. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com. Redaction Request due 3/30/2021. Redacted Transcript Deadline set for 4/9/2021. Release of Transcript Restriction set for 6/7/2021. (Coppola, Katelyn) (Entered: 03/11/2021)
2021-03-09	65	NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Coppola, Katelyn) (Entered: 03/11/2021)
2021-03-19	66	Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER - The Court ALLOWS in part and DENIES in part the Agencies' motion for summary judgment, D. 27, and DENIES Mullane's motions to strike and amend. D. 53; D. 58. The motion for summary judgment is ALLOWED in all respects except for the documents described above that were withheld or redacted solely under the deliberative process privilege, see page 21, supra , which is DENIED without prejudice. The Agencies must produce the communications with an external party unredacted, D. 28-2 at 1415, and shall either submit a revised Vaughn index by April 16, 2021 , correcting the deficiencies outlined above, or produce the documents unredacted to Mullane and inform the Court, also by April 16, 2021 .(Hourihan, Lisa) (Entered: 03/19/2021)
2021-04-16	67	RESPONSE TO COURT ORDER by United States Department of Justice, United States Securities and Exchange Commission . (Attachments: # 1 Exhibit)(Sady, Michael) (Entered: 04/16/2021)
2021-05-03	68	Judge Denise J. Casper: ELECTRONIC ORDER entered. Having reviewed Defendants' revised Vaughn index entries, D. 67-1, the Court is inclined to consider summary judgment on the redactions pursuant to the deliberative process privilege previously identified as deficient by this Court's order, D. 66. In particular, the revised index identifies the parties by name, their chain of command, and the specific policy or decision being deliberated in redacted communications under the privilege. See D. 67-1. Accordingly, Defendants may move the Court for partial summary judgment limited to these remaining documents by May 14, 2021. Mullane's response to Defendants' motion, confined only to these entries described in D. 67 and D. 67-1, shall be due on June 4, 2021. (Hourihan, Lisa) (Entered: 05/03/2021)
2021-05-12	69	MOTION for Summary Judgment Partial by United States Department of Justice, United States Securities and Exchange Commission.(Sady, Michael) (Entered: 05/12/2021)
2021-05-12	70	MEMORANDUM in Support re 69 MOTION for Summary Judgment Partial filed by United States Department of Justice, United States Securities and Exchange Commission. (Sady, Michael) (Entered: 05/12/2021)
2021-06-07	71	MOTION for Reconsideration re 66 Memorandum & ORDER,,, by Jonathan Mullane. (Attachments: # 1 Exhibit)(Mullane, E. Peter) (Entered: 06/07/2021)
2021-06-07	72	MOTION Renewed Motion for In Camera Review by Jonathan Mullane. (Attachments: # 1 Exhibit)(Mullane, E. Peter) (Entered: 06/07/2021)
2021-06-07	73	MOTION for Judicial Notice Hearing by Jonathan Mullane.(Mullane, E. Peter) (Entered: 06/07/2021)
2021-06-07	74	Opposition re 69 MOTION for Summary Judgment Partial and Cross Motion for Summary Judgment filed by Jonathan Mullane. (Attachments: # 1 Exhibit)(Mullane, E. Peter) (Entered: 06/07/2021)
2021-06-07	75	First AFFIDAVIT in Opposition re 69 MOTION for Summary Judgment Partial filed by Jonathan Mullane. (Attachments: # 1 Exhibit)(Mullane, E. Peter) (Entered: 06/07/2021)
2021-06-07	76	Second AFFIDAVIT in Opposition re 69 MOTION for Summary Judgment Partial filed by Jonathan Mullane. (Attachments: # 1 Exhibit)(Mullane, E. Peter) (Entered: 06/07/2021)
2021-06-15	77	Notice of Supplemental Authorities re 72 MOTION Renewed Motion for In Camera Review , 69 MOTION for Summary Judgment Partial , 71 MOTION for Reconsideration re 66 Memorandum & ORDER,,, (Attachments: # 1 Exhibit A)(Mullane, E. Peter) (Entered: 06/15/2021)
2021-06-17	78	MOTION for Extension of Time to 7/19/21 to Respond to Plaintiff's Filings of June 7, 2021 and June 15, 2021 by United States Department of Justice, United States Securities and Exchange Commission.(Sady, Michael) (Entered: 06/17/2021)
2021-06-18	79	Opposition re 78 MOTION for Extension of Time to 7/19/21 to Respond to Plaintiff's Filings of June 7, 2021 and June 15, 2021 filed by Jonathan Mullane. (Attachments: # 1 Exhibit 1)(Mullane, E. Peter) (Attachment 1 replaced on 6/21/2021 with document that could be opened (previous filing was giving error message)) (Currie, Haley). (Entered: 06/18/2021)
2021-07-01	80	Judge Denise J. Casper: ELECTRONIC ORDER entered re: 78 Motion for Extension of Time. Having considered the motion, D. 78, and the opposition, D. 79, the Court ALLOWS the motion and the government has until 7/19/21 to file omnibus response to the Plaintiffs' various filings on June 7th and June 15th. (Hourihan, Lisa) (Entered: 07/01/2021)
2021-07-19	81	Opposition re 71 MOTION for Reconsideration re 66 Memorandum & ORDER,,, and Response to Plaintiffs Opposition to Defendants Motion for Partial Summary Judgment filed by United States Department of Justice, United States Securities and Exchange Commission. (Sady, Michael) (Entered: 07/19/2021)
2021-08-18	82	Second Notice of Supplemental Authorities re 72 MOTION Renewed Motion for In Camera Review , 69 MOTION for Summary Judgment Partial , 71 MOTION for Reconsideration re 66 Memorandum & ORDER,,, (Attachments: # 1 Exhibit 1)(Mullane, E. Peter) (Entered: 08/18/2021)
2021-10-01	83	Response by United States Department of Justice, United States Securities and Exchange Commission to 82 Notice of Supplemental Authorities, . (Sady, Michael) (Entered: 10/01/2021)
2021-10-17	84	MOTION to Consolidate Cases and Transfer by Jonathan Mullane. (Attachments: # 1 Exhibit 1 and 2)(Mullane, E. Peter) (Entered: 10/17/2021)
2021-11-01	85	Opposition re 84 MOTION to Consolidate Cases and Transfer filed by United States Department of Justice, United States Securities and Exchange Commission. (Sady, Michael) (Entered: 11/01/2021)
2022-02-14	86	Judge Denise J. Casper: ELECTRONIC ORDER entered re: 69 Motion for Summary Judgment. Having considered the Defendants’ motion for partial summary judgment, D. 69, in light of the Court’s earlier ruling, D. 66 (allowing Defendants’ motion for summary judgment in all respects except as to the documents redacted solely under the deliberative process privilege), the Defendants’ response to that Order, D. 67 (including a revised Vaughn index), the Court’s further Order regarding a further motion for summary judgment, D. 68, the Plaintiff’s opposition, D. 74 and the materials attached and incorporated into same, see D. 74 at 1 (incorporating other filings), D. 77, 82 (notices of supplemental authority) and D. 83 (response to D. 82), the Court ALLOWS the motion. The Court’s Order, D. 66, denied summary judgment on a narrow issue, namely the deficiencies in the explanations given for the deliberative process basis for Exemption 5 for certain documents identified in D. 28-2. D. 66 at 19-21. In response to the Court’s order, the government withdrew its withholding of two documents for which it had initially invoked Exemption 5 (identified at D. 28-2 at 29, 50) and clarified that another document (identified at D. 28-2 at 72) was redacted only on the basis of Exemption 6 (a basis that the Court had affirmed as properly invoked here, D. 66 at 21-22). D. 67-1 at 1-2, 4 and 8; D. 70 at 2. As to the other documents redacted solely on the basis of Exemption 5, the government has addressed the deficiencies addressed by the Court and this additional information, D. 67-1 at 1-8, satisfies invocation of Exemption 5. D. 66 at 16-21 (and cases cited for standard). On this further record, the Court ALLOWS summary judgment, D. 69, on this remaining issue. To the extent that Plaintiff’s opposition includes a cross motion for summary judgment, D. 74, the Court DENIES that motion. (Hourihan, Lisa) (Entered: 02/14/2022)
2022-02-14	87	Judge Denise J. Casper: ELECTRONIC ORDER entered re: 71 Motion for Reconsideration re 66 Memorandum & ORDER filed by Jonathan Mullane. As to Plaintiff's motion for reconsideration of D. 66, D. 71, having considered the motion papers and supporting exhibits and the government's opposition to same, D. 81, the Court DENIES the motion. (Hourihan, Lisa) (Entered: 02/14/2022)
2022-02-14	88	Judge Denise J. Casper: ELECTRONIC ORDER entered re: 72 Motion for in camera review and 73 Motion for Judicial Notice Hearing by Jonathan Mullane. The Court DENIES the motion for in camera review, D. 72, and motion for judicial notice hearing, D. 73. (Hourihan, Lisa) (Entered: 02/14/2022)
2022-02-14	89	Judge Denise J. Casper: ELECTRONIC ORDER entered re: 84 Motion to Consolidate Cases. Having considered the motion, D. 84, Defendants' opposition to same, D. 85, and in light of the Court's rulings on D. 69 and D. 71, the Court DENIES the motion to transfer. (Hourihan, Lisa) (Entered: 02/14/2022)
2022-02-14	90	Judge Denise J. Casper: ORDER entered. JUDGMENT (Hourihan, Lisa) (Entered: 02/14/2022)
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