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Case TitleKNOWLEDGE ECOLOGY INTERNATIONAL v. U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv02986
Date Filed2020-10-16
Date ClosedOpen
JudgeJudge Ana C. Reyes
PlaintiffKNOWLEDGE ECOLOGY INTERNATIONAL
Case DescriptionKnowledge Ecology International submitted FOIA requests to the Department of Health and Human Services and the U.S. Army for records concerning development of vaccines for the corona virus. The agencies acknowledged receipt of the requests. HHS withheld some records under Exemption 4 (confidential business records). KEI filed an administrative appeal of those withholdings. After hearing nothing further from either agency pertaining to its requests, KEI filed suit.
Complaint issues: Failure to respond within statutory time limit, Exemption 4 - Confidential business information, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF HEALTH & HUMAN SERVICES
200 Independence Ave SW
Washington, DC 20201
DefendantU.S. DEPARTMENT OF HEALTH & HUMAN SERVICES
DefendantU.S. DEPARTMENT OF THE ARMY
114 Army
The Pentagon
Washington, DC 20310
DefendantU.S. DEPARTMENT OF THE ARMY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-10-161COMPLAINT against All Defendants ( Filing fee $ 400 receipt number ADCDC-7723253) filed by KNOWLEDGE ECOLOGY INTERNATIONAL. (Attachments: # 1 Civil Cover Sheet, # 2 Summons HHS, # 3 Summons Army, # 4 Summons DOJ (Atty Gen), # 5 Summons DOJ (US Attorney))(Bernabei, Lynne) (Attachment 1 replaced on 10/19/2020) (zmd). (Entered: 10/16/2020)
2020-10-162LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by Knowledge Ecology International (Bernabei, Lynne) (Entered: 10/16/2020)
2020-10-19Case Assigned to Judge Ketanji Brown Jackson. (zmd) (Entered: 10/19/2020)
2020-10-193GENERAL ORDER AND GUIDELINES APPLICABLE TO FOIA CASES ASSIGNED TO JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives, and parties and counsel should pay particular attention to the Court's instructions for processing and production of records, batching motions, and filing exhibits. Failure to adhere to this Order may, when appropriate, result the imposition of sanctions and/or sua sponte denial of non-conforming motions. Signed by Judge Ketanji Brown Jackson on 10/19/2020. (jag) (Entered: 10/19/2020)
2020-10-194MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kathryn Ardizzone, Filing fee $ 100, receipt number ADCDC-7730455. Fee Status: Fee Paid. by KNOWLEDGE ECOLOGY INTERNATIONAL (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Bernabei, Lynne) (Entered: 10/19/2020)
2020-10-205SUMMONS (4) Issued Electronically as to U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF THE ARMY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 10/20/2020)
2020-11-06MINUTE ORDER granting 4 Motion for Leave to Appear Pro Hac Vice. It is hereby ORDERED that Kathryn Ardizzone is admitted pro hac vice in this matter as counsel for Plaintiff. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Ketanji Brown Jackson on 11/6/2020. (jag) (Entered: 11/06/2020)
2020-11-066NOTICE of Appearance by Kathryn Ardizzone on behalf of KNOWLEDGE ECOLOGY INTERNATIONAL (Ardizzone, Kathryn) (Entered: 11/06/2020)
2020-11-097NOTICE OF WITHDRAWAL OF APPEARANCE as to KNOWLEDGE ECOLOGY INTERNATIONAL. Attorney Lynne Ann Bernabei terminated. (Bernabei, Lynne) (Entered: 11/09/2020)
2020-11-198AMENDED COMPLAINT against U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF THE ARMY filed by KNOWLEDGE ECOLOGY INTERNATIONAL. (Attachments: # 1 Exhibit Amended Complaint Redline)(Ardizzone, Kathryn) (Entered: 11/19/2020)
2020-12-099NOTICE of Appearance by Michael Patrick Clendenen on behalf of All Defendants (Clendenen, Michael) (Entered: 12/09/2020)
2020-12-0910NOTICE OF INTENT TO ANSWER FIRST AMENDED COMPLAINT by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF THE ARMY re 8 Amended Complaint (Clendenen, Michael) (Entered: 12/09/2020)
2020-12-1411ANSWER to 8 Amended Complaint by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF THE ARMY.(Clendenen, Michael) (Entered: 12/14/2020)
2020-12-21MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall review this Court's 3 General Order and Guidelines Applicable to FOIA Cases, and promptly confer and file a joint proposed schedule for disclosure or briefing motions for summary judgment, on or before 1/11/2021. Signed by Judge Ketanji Brown Jackson on 12/21/2020. (jag) (Entered: 12/21/2020)
2021-01-0812Consent MOTION for Leave to File Second Amended Complaint by KNOWLEDGE ECOLOGY INTERNATIONAL (Attachments: # 1 Second Amended Complaint, # 2 Proposed Order, # 3 Second Amended Complaint Redline)(Ardizzone, Kathryn) (Entered: 01/08/2021)
2021-01-1113Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF THE ARMY. (Clendenen, Michael) (Entered: 01/11/2021)
2021-01-19MINUTE ORDER granting 12 Consent Motion for Leave to File Amended Complaint. Signed by Judge Ketanji Brown Jackson on 1/19/2021. (jag) (Entered: 01/19/2021)
2021-01-19MINUTE ORDER: In light of the representations in the parties' 13 Joint Status Report, it is hereby ORDERED that on or before 2/5/2021, the parties shall file a further joint status report that (1) proposes a schedule for the production of the newly-added HHS contracts; and (2) proposes a schedule for production of records responsive to Plaintiff's FOIA request to the Army dated 10/20/2020. If the parties are unable to agree on a production schedule with respect to the Army request, the report shall include each party's proposal, and the Army shall also provide the following information: (a) the number of FOIA requests that the Army is processing (broken down by original requests and consultation requests); (b) the number of pending FOIA requests which the Army has agreed to expedite; (c) the number of pending FOIA requests submitted prior to Plaintiffs request in this case; (d) the number of cases pending in federal court in which a production schedule has been entered that requires the Army to process documents and in which the production is outstanding; (e) the number of the Army's FOIA processing staff, and any efforts the Army is undertaking to hire additional processing staff; and (f) any processing limitations due to the COVID-19 pandemic. The joint status report shall also address the parties' positions regarding the necessity of having the parties' dispute regarding the redactions to the contracts that have already been produced resolved prior to the conclusion of the entire document production. (See Joint Status Report, ECF No. 13 , at 5.) In particular, the Army should explain whether it agrees with Plaintiff that information sought will lose informational value over time and that it would be challenging to litigate [the] redactions in one batch of summary judgment motions. (Id.) Notwithstanding any disagreement over whether the redaction dispute needs to be addressed promptly, the joint status report should also propose a schedule for briefing the redaction-related issues, on the assumption that the Court will seek to address that dispute concurrently with the proposed schedule for production. Signed by Judge Ketanji Brown Jackson on 1/19/2021. (jag) (Entered: 01/19/2021)
2021-01-1914SECOND AMENDED COMPLAINT against U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF THE ARMY filed by KNOWLEDGE ECOLOGY INTERNATIONAL.(zjf) (Entered: 01/20/2021)
2021-01-2215ANSWER to 14 Amended Complaint by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF THE ARMY.(Clendenen, Michael) (Entered: 01/22/2021)
2021-02-0616Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Declaration of Brandon Gaylord, # 2 Declaration of Sherod Davis)(Clendenen, Michael) (Entered: 02/06/2021)
2021-02-1117ORDER SETTING PRODUCTION SCHEDULE. See attached document for details. Signed by Judge Ketanji Brown Jackson on 02/11/2021. (lckbj2) (Entered: 02/11/2021)
2021-03-0818STATUS REPORT by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF THE ARMY. (Clendenen, Michael) (Entered: 03/08/2021)
2021-04-0819STATUS REPORT by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF THE ARMY. (Clendenen, Michael) (Entered: 04/08/2021)
2021-05-0720STATUS REPORT by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF THE ARMY. (Clendenen, Michael) (Entered: 05/07/2021)
2021-06-0821STATUS REPORT by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF THE ARMY. (Clendenen, Michael) (Entered: 06/08/2021)
2021-06-22Judge Ketanji Brown Jackson has been elevated to serve on the U.S. Court of Appeals for the D.C. Circuit. She is therefore no longer assigned to this case, and this matter has been reassigned to the Calendar Committee, which will oversee it until it is assigned to another district judge. Any questions should be directed to Judge Jackson's former deputy clerk, Gwendolyn Franklin, at 202-354-3145 or gwen_franklin@dcd.uscourts.gov. (rj) (Entered: 06/22/2021)
2021-07-0822STATUS REPORT by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF THE ARMY. (Clendenen, Michael) (Entered: 07/08/2021)
2021-08-0623STATUS REPORT by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF THE ARMY. (Clendenen, Michael) (Entered: 08/06/2021)
2021-09-0824STATUS REPORT by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF THE ARMY. (Clendenen, Michael) (Entered: 09/08/2021)
2021-10-01Case directly reassigned to Judge Florence Y. Pan. Judge Ketanji Brown Jackson has been appointed to the D.C. Circuit and is no longer assigned to the case. (rj) (Entered: 10/01/2021)
2021-10-0825STATUS REPORT by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF THE ARMY. (Clendenen, Michael) (Entered: 10/08/2021)
2021-11-0826STATUS REPORT by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF THE ARMY. (Clendenen, Michael) (Entered: 11/08/2021)
2021-11-1227NOTICE (Joint) by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF THE ARMY (Clendenen, Michael) (Entered: 11/12/2021)
2021-11-1928ENTERED IN ERROR....AMENDED COMPLAINT (Third Amended Complaint) against All Defendants filed by KNOWLEDGE ECOLOGY INTERNATIONAL.(Ardizzone, Kathryn) Modified on 11/30/2021 (zjf). (Entered: 11/19/2021)
2021-11-2929ENTERED IN ERROR.....ANSWER to 28 Amended Complaint (Third) by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF THE ARMY.(Clendenen, Michael) Modified on 11/30/2021 (zjf). (Entered: 11/29/2021)
2021-11-30NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 28 Amended Complaint was entered in error and counsel was instructed to refile said pleading accompanied with a Motion for Leave To File. (zjf) (Entered: 11/30/2021)
2021-11-30NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 29 Answer to Amended Complaint was entered in error due to DE# 28 being entered in error and directing Plaintiff's counsel to refile with a proper Motion seeking Leave of Court. If the Court grants Plaintiff's Motion, counsel will then be able to re-file their answer to the Amended Complaint. (zjf) (Entered: 11/30/2021)
2021-11-3030Consent MOTION for Leave to File Third Amended Complaint by KNOWLEDGE ECOLOGY INTERNATIONAL. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Exhibit Third Amended Complaint)(Ardizzone, Kathryn) (Entered: 11/30/2021)
2021-11-30MINUTE ORDER. On November 12, 2021, the parties filed a 27 Joint Notice that proposed a briefing schedule to resolve remaining issues in the case. Before the Court adopted the proposed schedule, Plaintiff filed its 28 Third Amended Complaint on November 19, 2021; and Defendants filed their 29 Answer on November 29, 2021. Upon notification by the Clerk of the Court that Plaintiff did not have leave of court to file the Third Amended Complaint, Plaintiff filed a 30 Consent Motion for Leave to File Third Amended Complaint. Upon consideration of these filings, the Court will adopt the proposed briefing schedule set forth in the parties' 27 Joint Notice; will accept the 28 Third Amended Complaint and the 29 Answer to the Third Amended Complaint for filing; and will deny the 30 Consent Motion as moot. The parties will adhere to the following schedule: Defendants' Motion for Summary Judgment and Supporting Vaughn Index will be due on December 27, 2021; Plaintiff's Cross-Motion and Opposition will be due on January 27, 2022; Defendants' Opposition and Reply will be due on February 14, 2022; and Plaintiff's Reply will be due on February 28, 2022. Signed by Judge Florence Y. Pan on 11/30/21. (lcaa) (Entered: 11/30/2021)
2021-11-30Set/Reset Deadlines: Defendants' Motion for Summary Judgment and Supporting Vaughn Index due by 12/27/2021. Plaintiff's Cross-Motion and Opposition due by 1/27/2022. Defendants' Opposition and Reply due by 2/14/2022. Plaintiff's Reply due by 2/28/22. (zacr) (Entered: 11/30/2021)
2021-12-2031MOTION for Extension of Time to File Motion for Summary Judgment by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Clendenen, Michael) (Entered: 12/20/2021)
2022-01-05MINUTE ORDER granting Defendants' 31 Motion for Extension of Time. Defendants filed their Motion for Extension of Time on December 20, 2021. Plaintiff has not filed an opposition, and the time to do so has passed. Accordingly, the Court treats the Motion as conceded. See LCvR 7(b) (stating that if an opposition is not filed within 14 days, "the Court may treat the motion as conceded"). Defendants' Motion for Summary Judgment and Supporting Vaughn Index is due on January 26, 2022; Plaintiff's Cross-Motion and Opposition is due on February 28, 2022; Defendants' Opposition and Reply is due on March 18, 2022; Plaintiff's Reply is due on April 1, 2022. Signed by Judge Florence Y. Pan on 1/5/22. (lcaa) (Entered: 01/05/2022)
2022-01-05Set/Reset Deadlines: Defendants' Motion for Summary Judgment and Supporting Vaughn Index due by 1/26/2022. Plaintiff's Cross-Motion and Opposition due by 2/28/2022. Defendants' Opposition and Reply due by 3/18/2022. Plaintiff's Reply to Cross Motion due by 4/1/2022. (zacr) (Entered: 01/05/2022)
2022-01-2632MOTION for Summary Judgment by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order, # 2 Statement of Facts, # 3 Declaration of Alesia Y. Williams, # 4 Exhibit HHS Vaughn Index, # 5 Exhibit ACC Vaughn Index, # 6 Exhibit USAMRAA Vaughn Index)(Clendenen, Michael) (Entered: 01/26/2022)
2022-02-2433Consent MOTION for Extension of Time to File Response/Reply to Defendants' Motion for Summary Judgment by KNOWLEDGE ECOLOGY INTERNATIONAL. (Attachments: # 1 Text of Proposed Order)(Ardizzone, Kathryn) (Entered: 02/24/2022)
2022-02-24MINUTE ORDER granting Plaintiff's 33 Consent Motion to Extend Deadlines. Plaintiff's Cross-Motion for Summary Judgment and Opposition is due March 25, 2022. Defendants' Opposition and Reply is due April 12, 2022. Plaintiff's Reply is due May 2, 2022. Signed by Judge Florence Y. Pan on 2/24/22. (lcaa) (Entered: 02/24/2022)
2022-02-24Set/Reset Deadlines: Plaintiff's Cross Motion due by 3/25/2022. Defendants' Response to Cross Motion due by 4/12/2022. Plaintiff's Reply to Cross Motion due by 5/2/2022. (zacr) (Entered: 02/24/2022)
2022-03-2534Cross MOTION for Summary Judgment by KNOWLEDGE ECOLOGY INTERNATIONAL. (Attachments: # 1 Statement of Facts As to Which There is No Genuine Material Dispute, # 2 to Defendants' Statement of Undisputed Material Facts, # 3 Declaration of James Packard Love, # 4 Declaration of Claire Purcell Cassedy, # 5 Text of Proposed Order Granting Plaintiff's Cross-Motion for Summary Judgement and Denying Defendants' Motion for Summary Judgment)(Ardizzone, Kathryn) Modified on 3/28/2022 to correct docket event/text (zjf). (Entered: 03/25/2022)
2022-03-28NOTICE OF ERROR re 34 Motion for Summary Judgment; emailed to kathryn.ardizzone@keionline.org, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. Please refile document, 3. Same document using the OPPOSITION event (zjf, ) (Entered: 03/28/2022)
2022-03-28NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 34 Cross MOTION for Summary Judgment entry was modified as a single event filing. Counsel was instructed to refile same pleading using the "OPPOSITION" event. (zjf) (Entered: 03/28/2022)
2022-03-2835RESPONSE re 32 MOTION for Summary Judgment filed by KNOWLEDGE ECOLOGY INTERNATIONAL. (Attachments: # 1 Statement of Facts to Which There is No Genuine Dispute, # 2 Plaintiff's Response to Defendants' Statement of Undisputed Material Facts, # 3 Declaration of James Packard Love, # 4 Declaration Declaration of Claire Purcell Cassedy, # 5 Text of Proposed Order Granting Plaintiff's Cross-Motion for Summary Judgement and Denying Defendants' Motion for Summary Judgment)(Ardizzone, Kathryn) (Entered: 03/28/2022)
2022-04-0836MOTION for Extension of Time to File Response/Reply as to 32 MOTION for Summary Judgment , 34 Cross MOTION for Summary Judgment by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Clendenen, Michael) (Entered: 04/08/2022)
2022-04-12MINUTE ORDER granting Defendants' 36 Motion for Extension of Time. Defendants' Opposition and Reply is due on June 10, 2022. Plaintiff's Reply is due on July 1, 2022. Signed by Judge Florence Y. Pan on 4/12/22. (lcaa) (Entered: 04/12/2022)
2022-04-12Set/Reset Deadlines: Response to Cross Motions due by 6/10/2022. Reply to Motion for Summary Judgment due by 6/10/2022. Reply to Cross Motions due by 7/1/2022. (zacr) (Entered: 04/12/2022)
2022-06-1037RESPONSE re 34 Cross MOTION for Summary Judgment filed by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Statement of Facts Response to Plaintiff's Statement of Material Facts as to Which There Is No Genuine Dispute, # 2 Declaration of John W. People's, Jr., # 3 Exhibit Revised ACC Vaughn Index, # 4 Exhibit Revised USAMRAA Vaughn Index)(Clendenen, Michael) (Entered: 06/10/2022)
2022-06-1038REPLY to opposition to motion re 32 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Statement of Facts Response to Plaintiff's Statement of Material Facts as to Which There Is No Genuine Dispute, # 2 Declaration of John W. People's, Jr., # 3 Exhibit Revised ACC Vaughn Index, # 4 Exhibit Revised USAMRAA Vaughn Index)(Clendenen, Michael) (Entered: 06/10/2022)
2022-06-1539Consent MOTION for Extension of Time to File Response/Reply by KNOWLEDGE ECOLOGY INTERNATIONAL. (Attachments: # 1 Text of Proposed Order)(Ardizzone, Kathryn) (Entered: 06/15/2022)
2022-06-1640Consent MOTION to Withdraw as Attorney by KNOWLEDGE ECOLOGY INTERNATIONAL. (Attachments: # 1 Text of Proposed Order Granting Motion to Withdraw)(Ardizzone, Kathryn) (Entered: 06/16/2022)
2022-06-17MINUTE ORDER granting 39 Motion for Extension of Time, for good cause shown. Plaintiff's Reply is due on August 30, 2022. Signed by Judge Florence Y. Pan on 6/17/22. (lcaa) (Entered: 06/17/2022)
2022-06-17MINUTE ORDER granting 40 Consent Motion for Leave to Withdraw as Plaintiff's Counsel. Kathryn Ardizzone is hereby withdrawn as counsel of record. Signed by Judge Florence Y. Pan on 6/17/22. (lcaa) (Entered: 06/17/2022)
2022-06-17Set/Reset Deadlines: Plaintiff's Reply due by 8/30/2022. (zacr) (Entered: 06/17/2022)
2022-08-0141NOTICE of Appearance by C. Peter Sorenson on behalf of KNOWLEDGE ECOLOGY INTERNATIONAL (Sorenson, C.) (Entered: 08/01/2022)
2022-08-3042REPLY to opposition to motion for Summary Judgment filed by KNOWLEDGE ECOLOGY INTERNATIONAL. (Sorenson, C.) (Entered: 08/30/2022)
2022-09-23Judge Florence Y. Pan has been elevated to serve on the U.S. Court of Appeals for the D.C. Circuit. She is therefore no longer assigned to this case, and this matter has been reassigned to the Calendar Committee, which will oversee it until it is assigned to another district judge. Any questions should be directed to Judge Pan's former deputy clerk, Samantha Calloway, at 202-354-3163 or samantha_calloway@dcd.uscourts.gov. (ztnr) (Entered: 09/23/2022)
2023-02-24Case directly reassigned to District Judge Ana C. Reyes. Circuit Judge Florence Y. Pan is no longer assigned to the case. (ztnr) (Entered: 02/24/2023)
2023-04-04MINUTE ORDER: In the interest of judicial efficiency, the parties' cross-motions for Summary Judgment 32 34 are DENIED WITHOUT PREJUDICE. The parties are ORDERED to meet-and-confer to resolve or narrow the disputes between them. The parties must meet-and-confer in person at least once before determining that they cannot resolve their disputes. If the parties are unable to resolve their disputes, they are directed to file a status report identifying as to the meetings: (a) the individuals who participated; (b) their location; (c) their length; and (d) a summary of the efforts made by each party to narrow the disputes. The parties must also include a proposed process for the Court's review of challenged redactions in camera, as the Court may take that step. If after reviewing exempted materials in camera, the Court determines that either party was not acting in good faith during the meet-and-confer process, the Court will take appropriate action. Signed by Judge Ana C. Reyes on 4/4/2023. (lcsj) (Entered: 04/04/2023)
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