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Case TitleSCARLETT v. OFFICE OF INSPECTOR GENERAL
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv00819
Date Filed2021-03-23
Date ClosedOpen
JudgeJudge Randolph D. Moss
PlaintiffCAROL SCARLETT
Case DescriptionCarol Scarlet submitted a FOIA request to the Office of the Inspector General at the National Science Foundation for records concerning a complaint filed against her in alleged retaliation for seeking a small business grant. The agency acknowledged request of the request but told Scarlet that any personally identifying information would be redacted. Scarlet filed an administrative appeal of the decision but after hearing nothing further from the agency, Scarlet filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantOFFICE OF INSPECTOR GENERAL
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [25]
FOIA Project Annotation: Judge Randolph Moss has ruled that Carol Scarlett may not amend her FOIA request to the National Science Foundation to include the agency's Inspector General because she failed to show any reason why she had not included the IG in her original complaint and that if she now thought the IG had records relevant to her original request, she could file a separate FOIA request to the IG for such records. Scarlett owned a small business that had contracted to do work with the NSF. However, when she applied for the second phase of work, her application was denied. Scarlett filed a FOIA request to find out the reasons for the denial. She specifically asked for a complaint she discovered had been lodged against her with OIG alleging unknown wrongdoing on her part. OIG refused to provide any information except for the date of the complaint. After filing an unsuccessful administrative appeal, Scarlett filed suit against the OIG at NSF. Scarlett sought leave to amend her complaint to add a claim of breach of contract, which the agency opposed. Moss agreed that Scarlett should not be allowed to amend her complaint. He noted that "this is because the new claims that Plaintiff seeks to add to this action, which has been pending for almost nine months, 'bear no more than a tangential relationship to the original action,' and would substantially 'alter the scope and nature of the litigation.'" He pointed out that "plaintiff's original complaint alleges that OIG violated its obligations under FOIA by failing adequately to respond to her FOIA request for the complaint filed against her." He indicated that "the proposed amended complaint, in contrast, includes allegations that have nothing to do with the adequacy of OIG's search or the propriety of its withholdings. Instead, Plaintiff now seeks to add allegations that NSF 'made reckless and false claims against her business financial practices,' and that NSF officials violated their own policies as part of the grant review process." Noting that this changed the nature of the litigation, he observed that "indeed, Plaintiff's proposed amendments would invite discovery in a case otherwise subject to resolution without discovery." He pointed out that "there is no reason, moreover, why FOIA plaintiffs who receive records that, in their review, support unrelated claims cannot simply bring a new lawsuit asserting those claims. Neither efficiency nor fairness counsels in favor of combing FOIA litigation with litigation of unrelated claims, even if records released pursuant to the FOIA request might support those claims."
Issues: Litigation - Jurisdiction - Failure to State a Claim
Opinion/Order [53]
Opinion/Order [72]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-03-231COMPLAINT against OFFICE OF INSPECTOR GENERAL filed by CAROL SCARLETT. (Attachments: # 1 Civil Cover Sheet)(ztd) (Entered: 03/30/2021)
2021-03-23SUMMONS Not Issued as to OFFICE OF INSPECTOR GENERAL, U.S. Attorney and Attorney General. (ztd) (Entered: 03/30/2021)
2021-03-232MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by CAROL SCARLETT. (ztd) (Entered: 03/30/2021)
2021-03-23Filing fee received: $ 402.00, receipt number: 4616105328. (ztd) (Entered: 04/02/2021)
2021-03-313STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 3/31/2021. (lcrdm3) (Entered: 03/31/2021)
2021-04-054ORDER: For the reasons stated herein, it is hereby ORDERED that Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction, Dkt. 2 , is DENIED without prejudice. See document for details. Signed by Judge Randolph D. Moss on 4/5/2021. (lcrdm3) (Entered: 04/05/2021)
2021-05-105NEW Request For Pro Se Electronic Noticing by CAROL SCARLETT (ztd) (Entered: 05/13/2021)
2021-05-106SUPPLEMENTAL MEMORANDUM to re 1 Complaint filed by CAROL SCARLETT. (ztd) (Entered: 05/13/2021)
2021-07-307SUMMONS (1) Issued Electronically as to OFFICE OF INSPECTOR GENERAL. (ztd) (Entered: 07/30/2021)
2021-08-038AFFIDAVIT by CAROL SCARLETT. (Attachments: # 1 Mailing Photo, # 2 Mailing Photo)(ztd) (Entered: 08/05/2021)
2021-09-109NOTICE of Appearance by Thomas Duffey on behalf of OFFICE OF INSPECTOR GENERAL (Duffey, Thomas) (Entered: 09/10/2021)
2021-09-1010MOTION for Extension of Time to File Answer re 1 Complaint with proposed order by OFFICE OF INSPECTOR GENERAL. (Duffey, Thomas) (Entered: 09/10/2021)
2021-09-10MINUTE ORDER: Upon consideration of Defendant's motion for an extension of time, Dkt. 10 , it is hereby ORDERED that Plaintiff shall respond on or before September 17, 2021. It is further ordered that Defendant's time to respond to the complaint is hereby STAYED until the Court rules on Defendant's motion for extension of time, Dkt. 10 . Signed by Judge Randolph D. Moss on 09/10/2021. (lcrdm3) (Entered: 09/10/2021)
2021-09-1211RESPONSE re 10 MOTION for Extension of Time to File Answer re 1 Complaint with proposed order filed by CAROL SCARLETT. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(zjf) (Entered: 09/14/2021)
2021-09-1212ENTERED IN ERROR. . . . .Memorandum in opposition to re 10 MOTION for Extension of Time to File Answer re 1 Complaint with proposed order filed by CAROL SCARLETT. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(ztd) Modified on 9/15/2021 (ztd). (Entered: 09/15/2021)
2021-09-12NOTICE OF CORRECTED DOCKET ENTRY: re 12 Memorandum in Opposition, was entered in error as it is a duplicate of docket no. 11 . (ztd) (Entered: 09/15/2021)
2021-09-14MINUTE ORDER: Upon consideration of Defendant's motion for extension of time, Dkt. 10 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the Defendant shall respond to the complaint on or before October 13, 2021. Signed by Judge Randolph D. Moss on 09/14/2021. (lcrdm3) (Entered: 09/14/2021)
2021-09-1514MOTION for Default Judgment by CAROL SCARLETT. (ztd);("Let It Be Filed" signed 9/15/2021 by Judge Randolph D. Moss) (Entered: 09/17/2021)
2021-09-1613MOTION for Summary Judgment by CAROL SCARLETT. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(ztd) (Entered: 09/17/2021)
2021-09-20MINUTE ORDER: Upon consideration of Plaintiff's motion for default judgment, Dkt. 14 , it is hereby ORDERED that the motion is DENIED. Defendant timely sought and received an extension of time to respond to Plaintiff's complaint, see Dkt. 10 , and pursuant to this Court's resulting Order Defendant's response is not due until October 13, 2021, see Minute Order (Sept. 14, 2021). Signed by Judge Randolph D. Moss on 09/20/2021. (lcrdm3) (Entered: 09/20/2021)
2021-09-2815SUPPLEMENTAL MEMORANDUM to re 13 MOTION for Summary Judgment filed by CAROL SCARLETT. (znmw) (Entered: 09/29/2021)
2021-09-3016Memorandum in opposition to re 13 MOTION for Summary Judgment with proposed order and certificate of service filed by OFFICE OF INSPECTOR GENERAL. (Duffey, Thomas) (Entered: 09/30/2021)
2021-10-0417SUPPLEMENTAL MEMORANDUM Part 2 to re 13 MOTION for Summary Judgment filed by CAROL SCARLETT. (znmw) (Entered: 10/05/2021)
2021-10-0418RESPONSE re 16 Memorandum in Opposition Proposed Order filed by CAROL SCARLETT. (znmw) (Entered: 10/05/2021)
2021-10-1319ANSWER to 1 Complaint by OFFICE OF INSPECTOR GENERAL.(Duffey, Thomas) (Entered: 10/13/2021)
2021-10-16MINUTE ORDER: Upon consideration of Plaintiff's motion for summary judgment, Dkt. 13 , it is hereby ORDERED that the motion is DENIED as premature. Among other things, Plaintiff did not comply with the requirement in this Court's standing order, see Dkt. 3 at 4, that parties submit pre-motion statements and request a pre-motion conference prior to filing a motion for summary judgment. It is further ORDERED that on or before November 22, 2021, the parties shall confer and file a joint status report addressing (1) any documents still to be produced pursuant to FOIA; (2) an anticipated schedule for processing and producing any such documents; and (3) any substantive areas of disagreement between the parties. Finally, it is hereby ORDERED that the parties shall appear telephonically for an initial scheduling conference on November 29, 2021, at 11:30 a.m. The parties will receive a teleconference number and access code from the Deputy Clerk prior to the teleconference. Signed by Judge Randolph D. Moss on 10/16/2021. (lcrdm3) (Entered: 10/16/2021)
2021-10-18Set/Reset Deadlines: Joint Status Report due by 11/22/2021. (kt) (Entered: 10/18/2021)
2021-11-2220Joint STATUS REPORT by OFFICE OF INSPECTOR GENERAL. (Duffey, Thomas) (Entered: 11/22/2021)
2021-11-29Minute Entry for proceedings held before Judge Randolph D. Moss: Telephonic Status Conference held on 11/29/2021. Defendant's Summary Judgment Motion due by 1/13/2022; Plaintiff's Response to Motion for Summary Judgment and Cross Motion due by 2/14/2022; Defendant's Reply to Motion for Summary Judgment and Response to Cross Motion due by 2/28/2022; Plaintiff's Reply to Cross Motion due by 3/14/2022. (Court Reporter: Nancy Meyer.) (kt) (Entered: 11/29/2021)
2021-12-0221MOTION for Leave to File Amended Complaint by CAROL SCARLETT. (znmw) (Entered: 12/02/2021)
2021-12-03MINUTE ORDER: Upon consideration of the motion for leave to file an amended complaint, Dkt. 21 , it is hereby ORDERED that Defendant shall file a response on or before December 10, 2021. Plaintiff is reminded, however, that under Rule 7(m) of this Court's Local Rules parties are to meet and confer before filing a non-dispositive motion. See LCvR 7 (m). Signed by Judge Randolph D. Moss on 12/3/2021. (lcrdm3) (Entered: 12/03/2021)
2021-12-1022Memorandum in opposition to re 21 MOTION for Leave to File Amended Complaint with proposed order filed by OFFICE OF INSPECTOR GENERAL. (Duffey, Thomas) (Entered: 12/10/2021)
2021-12-13MINUTE ORDER: Upon consideration of Defendant's opposition to Plaintiff's motion for leave for file to an amended complaint, Dkt. 22 , it is hereby ORDERED that Plaintiff shall file a reply on or before December 31, 2021. Signed by Judge Randolph D. Moss on 12/13/2021. (lcrdm3) (Entered: 12/13/2021)
2021-12-1923ERRATA (Redline Amended Complaint) by CAROL SCARLETT re 21 MOTION for Leave to File filed by CAROL SCARLETT. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(znmw) (Entered: 12/28/2021)
2021-12-2324REPLY to opposition to motion re 21 MOTION for Leave to File filed by CAROL SCARLETT. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16)(znmw) (Entered: 12/28/2021)
2022-01-1025MEMORANDUM OPINION AND ORDER: For the reasons given in the attached Memorandum Opinion and Order, the Court DENIES Plaintiff's motion for leave to amend, Dkt. 21. See document for details. Signed by Judge Randolph D. Moss on 1/10/2022. (lcrdm3) Modified on 1/12/2022 to edit document type to "opinion" (kt). (Entered: 01/10/2022)
2022-01-1226Consent MOTION for Extension of Time to File Summary Judgment with proposed order by OFFICE OF INSPECTOR GENERAL. (Duffey, Thomas) (Entered: 01/12/2022)
2022-01-12MINUTE ORDER: Upon consideration of the consent motion for extension of time, Dkt. 26 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that (1) the government shall file its motion for summary judgment on or before January 21, 2022; (2) plaintiff shall file her opposition to summary judgment and any cross-motion for summary judgment on or before February 28, 2022; and (3) the government shall file its reply brief in support of summary judgment and its opposition to plaintiff's cross-motion, if any, on or before March 14, 2022. Signed by Judge Randolph D. Moss on 1/12/2022. (lcrdm3) (Entered: 01/12/2022)
2022-01-2027NOTICE of Change of Address by CAROL SCARLETT (znmw) (Entered: 01/20/2022)
2022-01-2030Letter from Plaintiff. "Let it be Filed," signed by Judge Randolph D. Moss on 1/20/2022. (znmw) (Entered: 01/24/2022)
2022-01-2128MOTION for Summary Judgment with proposed order by OFFICE OF INSPECTOR GENERAL. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Declaration, # 12 Exhibit 1, # 13 Exhibit 2 Vaughn Index, # 14 Exhibit 3, # 15 Exhibit 4)(Duffey, Thomas) (Entered: 01/21/2022)
2022-01-2229FOX/NEAL ORDER: Plaintiff is hereby ORDERED to file her response to Defendant's motion for summary judgment, Dkt. 28 , along with any cross-motion for summary judgment, on or before February 28, 2022. See document for details. Signed by Judge Randolph D. Moss on 1/22/2022. (lcrdm3) (Entered: 01/22/2022)
2022-02-2331MOTION for Extension of Time to File Response/Reply as to 28 MOTION for Summary Judgment with proposed order by CAROL SCARLETT. (znmw) (Entered: 02/23/2022)
2022-02-2832Memorandum in opposition to re 28 MOTION for Summary Judgment with proposed order filed by CAROL SCARLETT. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(znmw) (Entered: 02/28/2022)
2022-02-2833MOTION for Extension of Time to File Cross Motion by CAROL SCARLETT. (znmw) (Entered: 02/28/2022)
2022-03-01MINUTE ORDER: Upon consideration of Plaintiff's unopposed motion for extension of time, Dkt. 33 , it is hereby ORDERED that (1) the motion is GRANTED; and (2) Plaintiff shall file her cross-motion for summary judgment on or before March 7, 2022. Given that Plaintiff has filed her opposition to the government's motion for summary judgment, see Dkt. 32 , it is further ORDERED that Plaintiff's motion for extension of time to file that opposition, Dkt. 31 , is hereby DENIED as MOOT. Signed by Judge Randolph D. Moss on 03/01/2022. (lcrdm3) Modified on 3/2/2022 to correct typo (kt). (Entered: 03/01/2022)
2022-03-0434Consent MOTION for Extension of Time to File Response/Reply as to 28 MOTION for Summary Judgment with proposed order with proposed order by OFFICE OF INSPECTOR GENERAL. (Duffey, Thomas) (Entered: 03/04/2022)
2022-03-04MINUTE ORDER: Upon consideration of the government's consent motion for extension of time, Dkt. 34 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the government shall file its reply to plaintiff's opposition to its motion for summary judgment and its opposition to plaintiff's cross-motion for summary judgment on or before April 8, 2022. Signed by Judge Randolph D. Moss on 03/04/2022. (lcrdm3) (Entered: 03/04/2022)
2022-03-0735MOTION for Summary Judgment by CAROL SCARLETT. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6)(znmw) (Entered: 03/07/2022)
2022-04-0836Memorandum in opposition to re 35 MOTION for Summary Judgment filed by OFFICE OF INSPECTOR GENERAL. (Duffey, Thomas) (Entered: 04/08/2022)
2022-04-0837REPLY to opposition to motion re 28 MOTION for Summary Judgment with proposed order filed by OFFICE OF INSPECTOR GENERAL. (See Docket Entry 36 to view document). (znmw) Modified on 4/11/2022 (znmw). (Entered: 04/11/2022)
2022-04-11NOTICE OF ERROR re 36 Memorandum in Opposition; emailed to thomas.duffey@usdoj.gov, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Please note the following for future filings; do not refile document , 2. Two-part document; second docket entry is required, 3. Future filings may be ENTERED IN ERROR (znmw, ) (Entered: 04/11/2022)
2022-04-2238REPLY to opposition to motion re 35 MOTION for Summary Judgment filed by CAROL SCARLETT. (znmw) (Entered: 04/22/2022)
2022-04-2239ERRATA (Corrected Reply) by CAROL SCARLETT re 38 Reply to opposition to Motion filed by CAROL SCARLETT. (znmw) (Entered: 04/25/2022)
2022-07-0740MOTION to Amend 35 MOTION for Summary Judgment, 39 Errata by CAROL SCARLETT. (Attachments: # 1 Amended Cross Motion & Response, # 2 Declaration)(zjm) (Entered: 07/11/2022)
2022-08-1841MOTION to Amend 32 Memorandum in Opposition by CAROL SCARLETT. (Attachments: # 1 Amended Response Redlined, # 2 Declaration)(zjm) (Entered: 08/18/2022)
2022-08-18MINUTE ORDER: Upon consideration of Plaintiff's motion to amend 35 Motion for Summary Judgment, Dkt. 40 , and Plaintiff's motion to amend 32 Memorandum in Opposition, Dkt. 41 , it is hereby ORDERED that the motions are GRANTED. It is further ORDERED that Defendant shall file a response, if any, to any new arguments raised by the amended motion or amended memorandum in opposition on or before August 28, 2022. The parties are advised that no further amendments to the pending motions for summary judgment, responses, or replies will be permitted by the Court. Signed by Judge Randolph D. Moss on 08/18/2022. (lcrdm3) (Entered: 08/18/2022)
2022-08-1843AMENDED MOTION for Summary Judgment by CAROL SCARLETT. (Attachment: # 1 Declaration)(zjm) (Entered: 08/24/2022)
2022-08-1844AMENDED Memorandum in opposition to re 28 Motion for Summary Judgment, filed by CAROL SCARLETT. (Attachment: # 1 Declaration)(zjm) (Entered: 08/24/2022)
2022-08-2342MOTION for Extension of Time to File Response/Reply as to 35 MOTION for Summary Judgment by OFFICE OF INSPECTOR GENERAL. (Duffey, Thomas) (Entered: 08/23/2022)
2022-08-25MINUTE ORDER: Upon consideration of Defendant's motion to extend time to file response to Plaintiff's amended filings, Dkt. 42 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Defendant shall file its response to Plaintiff's amended filing on or before September 19, 2022. Signed by Judge Randolph D. Moss on 08/25/2022. (lcrdm3) (Entered: 08/25/2022)
2022-08-2545Memorandum in opposition to re 42 Motion for Extension of Time to File Response/Reply filed by CAROL SCARLETT. (zjm) (Entered: 08/26/2022)
2022-09-1946Memorandum in opposition to re 35 Motion for Summary Judgment Defendant's Supplemental Memorandum filed by OFFICE OF INSPECTOR GENERAL. (Duffey, Thomas) (Entered: 09/19/2022)
2022-09-2047STRICKEN PURSUANT TO MINUTE ORDER FILED ON 10/7/2022.....REPLY to opposition to motion re 35 MOTION for Summary Judgment filed by CAROL SCARLETT. (zjm) Modified on 10/7/2022 (kt). (Entered: 09/22/2022)
2022-10-0448MOTION to Strike 47 Reply to opposition to Motion with proposed order by OFFICE OF INSPECTOR GENERAL. (Duffey, Thomas) (Entered: 10/04/2022)
2022-10-07MINUTE ORDER: Before the Court is Defendant's motion to strike Plaintiff's reply, Dkt. 48 . This reply, Dkt. 47 , comes at the tail end of a series of motions, responses, and replies between these two parties. Plaintiff filed a motion for summary judgment on March 7, 2022, Dkt. 35 , to which the government responded, Dkt. 36 . Plaintiff then filed a reply, Dkt. 38 , as well as an amended motion for summary judgment, Dkt. 43 , which (in Plaintiff's own words) "respond[ed] to Defendant's Objections to Plaintiff's Cross-Motion for Summary Judgment," id. at 1. To bring briefing to a close, the Court permitted Plaintiff to file that "amended cross-motion" and allowed Defendants the opportunity to file a final response to any new arguments raised in what was, in effect, a second reply brief. The Court instructed, however, that "no further amendments to the pending motions for summary judgment, responses, or replies [would] be permitted by the Court." See Min. Order (Aug. 18, 2022). Plaintiff has since filed yet another reply (her third), Dkt. 47 , notwithstanding the Court's instruction and the fact that she has had more than ample opportunity to present her arguments to the Court. Briefing must, at this point, come to a close. It is accordingly ORDERED that Defendant's motion to strike, Dkt. 48 , is GRANTED, and that Plaintiff's reply, Dkt. 47 , shall be struck. Signed by Judge Randolph D. Moss on 10/7/2022. (lcrdm3) (Entered: 10/07/2022)
2022-11-0449NOTICE OF SUBSTITUTION OF COUNSEL by Christina O'Tousa on behalf of OFFICE OF INSPECTOR GENERAL Substituting for attorney Thomas W. Duffey (O'Tousa, Christina) (Entered: 11/04/2022)
2023-02-2150MOTION to Add Details by CAROL SCARLETT. (Attachment: # 1 Exhibit)(zjm) (Entered: 02/22/2023)
2023-03-0851MOTION to Strike 50 MOTION to Add Details by OFFICE OF INSPECTOR GENERAL. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(O'Tousa, Christina) (Entered: 03/08/2023)
2023-03-0852RESPONSE re 51 MOTION to Strike 50 MOTION to Add Details filed by CAROL SCARLETT. (zjm) (Entered: 03/10/2023)
2023-03-2953MEMORANDUM OPINION AND ORDER: For the reasons stated herein, it is hereby ORDERED that Defendant's motion for summary judgment, Dkt. 28 , is GRANTED in part as to the redaction of individual names in the requested record and the redaction of material that is not in the body of the "complaint" (such as email addresses and signatures) and otherwise DENIED without prejudice. It is further ORDERED that Plaintiff's motion for summary judgment, Dkt. 35 , and Plaintiff's amended motion for summary judgment, Dkt. 43 , are DENIED without prejudice. It is further ORDERED that Plaintiff's motion for leave to "add details," Dkt. 50 , is DENIED without prejudice and that Defendant's motion to strike that motion, Dkt. 51 , is DENIED as moot. It is further ORDERED that the parties shall submit a joint status report on or before April 15, 2023, proposing next steps and a further briefing schedule in this matter. See document for details. Signed by Judge Randolph D. Moss on 3/29/2023. (lcrdm3) (Entered: 03/29/2023)
2023-04-1454Joint STATUS REPORT by OFFICE OF INSPECTOR GENERAL. (O'Tousa, Christina) (Entered: 04/14/2023)
2023-04-19MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 54 , it is hereby ORDERED that the parties shall file a further joint status report on or before May 12, 2023, proposing a further briefing schedule or addressing next steps in the case. Signed by Judge Randolph D. Moss on 4/19/2023. (lcrdm3) (Entered: 04/19/2023)
2023-05-0761Memorandum in opposition to re 60 Motion for Extension of Time to File Response/Reply filed by CAROL SCARLETT. (znmw) (Entered: 05/31/2023)
2023-05-1255STATUS REPORT by OFFICE OF INSPECTOR GENERAL. (O'Tousa, Christina) (Entered: 05/12/2023)
2023-05-1256STATUS REPORT by CAROL SCARLETT. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit Rhodenbaugh, # 7 Exhibit Closeout Letter, # 8 Exhibit Doc #40)(zjm) (Entered: 05/16/2023)
2023-05-1457ERRATA by CAROL SCARLETT re 56 Status Report. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Errata 7, # 8 Exhibit Rhodenbaugh, # 9 Exhibit Closeout Letter, # 10 Exhibit Doc #40)(zjm) (Entered: 05/16/2023)
2023-05-1458ERRATA by CAROL SCARLETT re 57 Errata, 56 Status Report. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit Rhodenbaugh, # 9 Exhibit Closeout Letter, # 10 Exhibit Doc #40)(zjm) (Entered: 05/16/2023)
2023-05-16MINUTE ORDER: Upon consideration of Defendant's status report, Dkt. 55 , it is hereby ORDERED that (1) Defendant shall file its renewed motion for summary judgment on or before June 6, 2023; (2) Plaintiff shall file her opposition and any cross-motion for summary judgment on or before July 7, 2023; (3) Defendant shall file its reply and any opposition to Plaintiff's cross-motion for summary judgment on or before August 8, 2023; and (4) Plaintiff shall file her reply on or before August 22, 2023. Signed by Judge Randolph D. Moss on 5/16/2023. (lcrdm3) (Entered: 05/16/2023)
2023-05-1759MOTION for Sanctions by CAROL SCARLETT. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(znmw) (Entered: 05/18/2023)
2023-05-2660MOTION for Extension of Time to File Response/Reply as to 59 MOTION for Sanctions by OFFICE OF INSPECTOR GENERAL. (O'Tousa, Christina) (Entered: 05/26/2023)
2023-05-30MINUTE ORDER: Upon consideration of Defendants' motion for extension of time, Dkt. 60 , it is hereby ORDERED that briefing on Plaintiff's motion for sanctions, Dkt. 59 , shall be STAYED pending further order of the Court. It is further ORDERED that Plaintiff shall respond to Defendants motion for extension of time, Dkt. 60 , on or before June 5, 2023. Signed by Judge Randolph D. Moss on 5/30/2023.(lcrdm3) (Entered: 05/30/2023)
2023-05-31MINUTE ORDER: Upon consideration of Defendant's motion for extension of time, Dkt. 60 , it is hereby ORDERED that the motion is GRANTED. Defendant shall respond to Plaintiff's motion for sanctions, Dkt. 59 , on or before June 15, 2023. Signed by Judge Randolph D. Moss on 5/31/2023. (lcrdm3) (Entered: 05/31/2023)
2023-06-0662Consent MOTION for Extension of Time to File Motion for Summary Judgment by OFFICE OF INSPECTOR GENERAL. (O'Tousa, Christina) (Entered: 06/06/2023)
2023-06-0763MOTION for Summary Judgment by OFFICE OF INSPECTOR GENERAL. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration (Second) of Jennifer Kendrick, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Certificate of Service)(O'Tousa, Christina) (Entered: 06/07/2023)
2023-06-0764NOTICE of Proposed Order by OFFICE OF INSPECTOR GENERAL re 63 Motion for Summary Judgment, (O'Tousa, Christina) (Entered: 06/07/2023)
2023-06-09MINUTE ORDER: Upon consideration of Defendant's consent motion for extension of time, Dkt. 62 , it is hereby ORDERED that the motion is GRANTED. Defendant shall file its motion for summary judgment on or before June 7, 2023. Signed by Judge Randolph D. Moss on 6/9/2023. (lcrdm3) (Entered: 06/09/2023)
2023-06-1565Memorandum in opposition to re 59 Motion for Sanctions filed by OFFICE OF INSPECTOR GENERAL. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(O'Tousa, Christina) (Entered: 06/15/2023)
2023-06-1866FOX/NEAL ORDER: Plaintiff is hereby ORDERED to respond to Defendant's motion for summary judgment, Dkt. 35 , on or before July 14, 2023. See document for details. Signed by Judge Randolph D. Moss on 6/18/2023. (lcrdm3) (Entered: 06/18/2023)
2023-06-2267REPLY to opposition to motion re 59 MOTION for Sanctions filed by CAROL SCARLETT. (znmw) (Entered: 06/22/2023)
2023-07-1268RESPONSE re 63 MOTION for Summary Judgment filed by CAROL SCARLETT. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(znmw) (Entered: 07/12/2023)
2023-08-0869REPLY to opposition to motion re 63 MOTION for Summary Judgment filed by OFFICE OF INSPECTOR GENERAL. (Attachments: # 1 Certificate of Service)(O'Tousa, Christina) (Entered: 08/08/2023)
2023-09-2770MOTION for Order re Motion for Sanctions by CAROL SCARLETT. (znmw) (Entered: 09/27/2023)
2024-01-0671MOTION to Compel by CAROL SCARLETT. (Attachment: # 1 Exhibit)(zjm) (Entered: 01/08/2024)
2024-03-0672MEMORANDUM OPINION AND ORDER: Upon consideration of Defendant's renewed motion for summary judgment, Dkt. 63 , is hereby ORDERED that the motion is GRANTED. It is further ORDERED that: (1) Plaintiff's motion for sanctions, Dkt. 59 , is hereby DENIED; (2) Plaintiff's motion for an order on her motion for sanctions, Dkt. 70 , is hereby DENIED as moot; and (3) Plaintiff's "Request for Investigative Records Related to Motion for Sanctions," Dkt. 71 , is hereby DENIED. See document for details. Signed by Judge Randolph D. Moss on 3/6/2024. (lcrdm3) Modified on 3/6/2024 to add memo(zglw). (Entered: 03/06/2024)
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