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Case TitleRichard R Lawless v. The Security & Exchange Commission
DistrictCentral District of California
CityEastern Division - Riverside
Case Number5:2021cv01637
Date Filed2021-09-28
Date ClosedOpen
JudgeJudge John W. Holcomb
PlaintiffRichard R. Lawless
Case DescriptionRichard Lawless submitted FOIA requests to the SEC for records concerning the default of Puerto Rico bonds. After hearing nothing from the agency, Lawless filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantThe Security & Exchange Commission
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [167]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-09-281COMPLAINT against defendant The Security & Exchange Commission.Case assigned to Judge John W. Holcomb for all further proceedings. Discovery referred to Magistrate Judge Sheri Pym, filed by plaintiff Richard R Lawless. (Attachments: # 1 CV 71) (esa) (Entered: 09/28/2021)
2021-09-282Certification and Notice of Interested Parties filed by plaintiff Richard R Lawless. (esa) (Entered: 09/28/2021)
2021-09-283REQUEST to Proceed In Forma Pauperis, Declaration in Support filed by plaintiff Richard R Lawless. (esa) (Entered: 09/28/2021)
2021-09-284PROOF OF SERVICE Executed Richard R Lawless, upon Defendant The Security & Exchange Commission served on 9/27/2021. Service of the Summons and Complaint were NOT executed upon the United States Attorneys Office which was NOT served. The Attorney Generals Office of the United States was NOT served. Executed upon the officer agency or corporation by delivering a copy to John Coates, General Counsel SEC. Service was executed in compliance with California Code of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons NOT returned. (esa) (Entered: 09/28/2021)
2021-09-285PROOF OF SERVICE Executed Richard R Lawless, upon Defendant Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Jerry Yang, Assistant US Attorney,. The Attorney Generals Office of the United States was NOT served. Executed upon the officer agency or corporation by delivering a copy to Jerry Yang, AUSA,. Service was executed in compliance with California Code of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons NOT returned. (esa) (Entered: 09/28/2021)
2021-09-286PROOF OF SERVICE Executed Richard R Lawless, upon Defendant Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Attorney General of of the United States Merrick B Garland. Executed upon the Attorney Generals Office of the United States by unspecified means. Executed upon the officer agency or corporation by delivering a copy to Attorney General of OS. Service was executed in compliance with California Code of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons NOT returned. (esa) (Entered: 09/28/2021)
2021-09-287PROOF OF SERVICE Executed Richard R Lawless, upon Defendant Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Civil Process Clerk. Executed upon the Attorney Generals Office of the United States by unspecified means. Executed upon the officer agency or corporation by delivering a copy to Civil Process Clerk. Service was executed in compliance with California Code of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons NOT returned. (esa) (Entered: 09/28/2021)
2021-09-288NOTICE OF ASSIGNMENT to District Judge John W. Holcomb and Magistrate Judge Sheri Pym. (esa) (Entered: 09/28/2021)
2021-09-289NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) (Entered: 09/28/2021)
2021-09-2810Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (esa) (Entered: 09/28/2021)
2021-10-0111ORDER by Magistrate Judge Sheri Pym: Granting 3 REQUEST to Proceed in Forma Pauperis with Declaration in Support (kca) (Entered: 10/01/2021)
2021-10-0712STANDING ORDER by Judge John W. Holcomb. (iva) (Entered: 10/07/2021)
2021-10-0713Text Only Entry - IN CHAMBERS by Judge John W. Holcomb: Notice Regarding Electronic Document Submission System for People Without Lawyers. People who are not represented by attorneys may now submit documents for filing through the Court's Electronic Document Submission System ("EDSS") instead of mailing or bringing documents to the Clerk's Office. EDSS is not the same as filing documents electronically in the Court's CM/ECF System. Registration is not required to use EDSS and you do not need a PACER account; only internet access and an e-mail address are required. Attorneys may not use EDSS to submit documents on behalf of their clients. To access EDSS and for additional information, visit the Court's website at https://apps.cacd.uscourts.gov/edss. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY (Entered: 10/07/2021)
2021-10-0714SELF-REPRESENTATION ORDER by Judge John W. Holcomb. (iva) (Entered: 10/07/2021)
2021-11-1015Summons Issued re Complaint - (Discovery), 1 as to Defendant The Security & Exchange Commission. (yl) (Entered: 11/12/2021)
2021-11-2916NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge John W. Holcomb ORDERING CERTIFICATE OF SERVICE submitted by Plaintiff Richard R Lawless received on 11/28/2021 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (yl) (Entered: 11/30/2021)
2021-11-3017PROOF OF SERVICE Executed by Plaintiff Richard R Lawless, upon Defendant The Security & Exchange Commission served on 11/26/2021, answer due 1/25/2022. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to (not notated). The Attorney General's Office of the United States was NOT served. The officer agency or corporation was NOT served. Service was executed in compliance with statute not specified. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. (yl) (Entered: 11/30/2021)
2021-12-0618NOTICE OF DISCREPANCY AND ORDER: by Judge John W. Holcomb, ORDERING Motion for summary judgment submitted by Plaintiff Richard R Lawless received on 12/3/2021 is not to be filed but instead rejected. Denial based on: Written notice of motion lacking or timeliness of notice incorrect. (yl) (Entered: 12/07/2021)
2021-12-1020NOTICE OF MOTION AND MOTION for Summary Judgment filed by Plaintiff Richard R Lawless. Motion set for hearing on 1/3/2022 at 09:00 AM before Judge John W. Holcomb. (yl) (Entered: 12/14/2021)
2021-12-1319NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge John W. Holcomb ORDERING Motion for summary judgment submitted by Plaintiff Richard R Lawless received on 12/10/2021 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (yl) (Entered: 12/14/2021)
2021-12-1521SCHEDULING NOTICE AND ORDER by Judge John W. Holcomb: On its own motion, the Court hereby RESETS Plaintiff's Motion for Summary Judgment [ECF No. 20 ] for Friday, January 14, 2022, at 9:00 a.m., via video conference. Plaintiff is reminded to refer to Judge Holcomb's Law and Motion Schedule, available on the Court's website, when setting motions with this Court. Furthermore, Plaintiff is DIRECTED to re-notice the motion referencing the corrected hearing date and properly serve the Defendant with the notice. To obtain the video conference link for the scheduled hearing, the parties are directed to Judge Holcomb's Procedures and Schedules page on the Court's website: http://www.cacd.uscourts.gov/honorable-john-w-holcomb. Please follow the instructions listed under "Zoom Webinar Hearings." IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY (Entered: 12/15/2021)
2021-12-1622NOTICE OF MOTION AND MOTION to Continue hearing from January 14, 2022 to To be determined Re: NOTICE OF MOTION AND MOTION for Summary Judgment 20 filed by Defendant The Security & Exchange Commission. Motion set for hearing on 1/14/2022 at 09:00 AM before Judge John W. Holcomb. (Attachments: # 1 Memorandum of Law ISO SEC's Motion for Continuance of Hearing Date, # 2 Declaration ISO SEC's Motion for Continuance of Hearing Date, # 3 Proposed Order on SEC's Motion for Continuance of Hearing Date) (Attorney Mary Alexandra Verdi added to party The Security & Exchange Commission(pty:dft)) (Verdi, Mary) (Entered: 12/16/2021)
2021-12-1626NOTICE OF MOTION AND MOTION OF MODIFIED REQUEST FOR SUMMARY JUDGMENT filed by Plaintiff Richard R Lawless. Motion set for hearing on 1/16/2022 at 09:00 AM before Judge John W. Holcomb. (yl) (Entered: 12/22/2021)
2021-12-2024PROOF OF SERVICE filed by Plaintiff Richard R Lawless. The Motion for Summary Judgment and Hearing Date served on 12/18/2022. (yl) (Entered: 12/21/2021)
2021-12-2123NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge John W. Holcomb ORDERING Proof of Service submitted by Plaintiff Richard R Lawless received on 12/20/2021 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (yl) (Entered: 12/21/2021)
2021-12-2125NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge John W. Holcomb ORDERING Notice of Motion and Motion of Modified Request for Summary Judgment with Proof of Service submitted by Plaintiff Richard R Lawless received on 12/16/2021 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (yl) (Entered: 12/22/2021)
2021-12-2227NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION for Summary Judgment 26 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (yl) (Entered: 12/22/2021)
2021-12-2228RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Deficiency in Electronically Filed Documents (G-112A) - optional html form,, 27 by Deputy Clerk of Court. The document is ACCEPTED as filed. The Court RESETS the Motion [ECF No. 26] for Friday, January 14, 2022, at 9:00 a.m. The filer is reminded to refer to Judge Holcomb's Law and Motion Schedule, available on the Court's website, when setting motions with this Court. (iva) (Entered: 12/22/2021)
2021-12-2329ANSWER to Complaint - (Discovery), 1 filed by Defendant The Security & Exchange Commission.(Verdi, Mary) (Entered: 12/23/2021)
2021-12-2830NOTICE OF DISCREPANCY AND ORDER: by Judge John W. Holcomb, ORDERING Plaintiff (pro se) Evidence Exhibit One submitted by Plaintiff Richard R Lawless received on 12/22/21 is not to be filed but instead rejected. Denial based on: Lacking name, address, phone, facsimile numbers, and e-mail address; SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) (Entered: 12/28/2021)
2021-12-2831NOTICE OF DISCREPANCY AND ORDER: by Judge John W. Holcomb, ORDERING Response to defendant's motion to dismiss; Exhibit 1 through 15 submitted by Plaintiff Richard R Lawless received on 12/27/21 is not to be filed but instead rejected. Denial based on: Lacking name, address, phone, facsimile numbers, and e-mail address; SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) (Entered: 12/28/2021)
2021-12-3032OPPOSITION to NOTICE OF MOTION AND MOTION for Summary Judgment 26 Memorandum of Law ISO SEC's Opposition to Plaintiff's Modified Motion for Summary Judgment filed by Defendant The Security & Exchange Commission. (Attachments: # 1 SEC's Statement of Genuine Disputes of Material Fact, # 2 Declaration of Raymond McInerney ISO SEC's Opposition to Plaintiff's Modified Motion for Summary Judgment, # 3 Declaration of Alexandra Verdi ISO SEC's Opposition to Plaintiff's Modified Motion for Summary Judgment, # 4 Exhibit 1 to Declaration of Raymond McInerney, # 5 Exhibit 2 to Declaration of Raymond McInerney, # 6 Exhibit 3 to Declaration of Alexandra Verdi, # 7 Exhibit 4 to Declaration of Alexandra Verdi, # 8 Exhibit 5 to Declaration of Alexandra Verdi, # 9 Proposed Order on SEC's Opposition to Plaintiff's Modified Motion for Summary Judgment)(Verdi, Mary) (Entered: 12/30/2021)
2022-01-0433NOTICE OF DISCREPANCY AND ORDER: by Judge John W. Holcomb, ORDERING Motion to stay submitted by Plaintiff Richard R Lawless received on 12/30/21 is not to be filed but instead rejected. Denial based on: Local Rule 6-1 Written notice of motion lacking or timeliness of notice incorrect. (lom) (Entered: 01/05/2022)
2022-01-0434NOTICE OF DISCREPANCY AND ORDER: by Judge John W. Holcomb, ORDERING Plaintiff Response to Defendant's Motion to Dismiss submitted by Plaintiff Richard R Lawless received on 12/29/21 is not to be filed but instead rejected. Denial based on: Plaintiff appears to be responding to a Motion to Dismiss which has not been filed in this action. The only pending motion before this Court is Plaintiff's Motion for Summary Judgment. (lom) (Entered: 01/05/2022)
2022-01-0435EVIDENCE EXHIBIT 16 Filed filed by Plaintiff Richard R Lawless. (lom) (Entered: 01/06/2022)
2022-01-0537Plaintiff Response to DEFENDANT SECURITIES AND EXCHANGE COMMISSION' SMEMORANDUM OF LAW Docket file # 32 filed by Plaintiff Richard R Lawless. (yl) (Entered: 01/11/2022)
2022-01-0540PLAINTIFF'S EVIDENCE EXHIBITS SUPPORTING SUF-Exhibit 29 filed 1/5/2022 by Plaintiff Richard R Lawless. (Entered: 01/11/2022)
2022-01-0541PLAINTIFF'S EVIDENCE SUPPORTING SUF filed 1/5/2022-Exhibit 3 filed by Plaintiff Richard R Lawless. (yl) Modified on 1/11/2022 (yl). (Entered: 01/11/2022)
2022-01-0542PLAINTIFF'S EVIDENCE EXHIBITS SUPPORTING SUF filed 1/5/2022-Exhbit 4 filed by Plaintiff Richard R Lawless. (yl) (Entered: 01/11/2022)
2022-01-0543PLAINTIFF'S EVIDENCE EXHIBITS SUPPORTING SUF filed 1/5/2022-Exhibit 5 filed by Plaintiff Richard R Lawless. (yl) (Entered: 01/11/2022)
2022-01-0544PLAINTIFF'S EVIDENCE EXHIBITS SUPPORTING SUF filed 1/5/2022-Exhibit 29 filed by Plaintiff Richard R Lawless. (yl) (Entered: 01/11/2022)
2022-01-0545EVIDENCE EXHIBITS SUPPORTING SUF filed 1/5/2022-Exhibit 7 filed by Plaintiff Richard R Lawless. (yl) (Entered: 01/11/2022)
2022-01-0546EVIDENCE EXHIBITS SUPPORTING SUE-Exhibit 8 Richard R Lawless. (yl) (Entered: 01/11/2022)
2022-01-0547EVIDENCE EXHIBITS SUPPORTING SUF-Exhibit 9 filed by Plaintiff Richard R Lawless. (yl) (Entered: 01/11/2022)
2022-01-0548EVIDENCE EXHIBITS SUPPORTING SUF filed 1/5/2022-Exhibit 10 filed by Plaintiff Richard R Lawless. (yl) (Entered: 01/11/2022)
2022-01-0549EVIDENCE EXHIBITS SUPPORTING SUF filed 1/5/2022-Exhibit 11 filed by Plaintiff Richard R Lawless. (yl) (Entered: 01/11/2022)
2022-01-0550EVIDENCE EXHIBITS SUPPORTING SUF filed 1/5/2022-Exhibit 12 filed by Plaintiff Richard R Lawless. (yl) (Entered: 01/11/2022)
2022-01-0551EVIDENCE EXHIBITS SUPPORTING SUF FILED 1/5/2022- Exhibit 13 filed by Plaintiff Richard R Lawless. (yl) (Entered: 01/11/2022)
2022-01-0552EVIDENCE EXHIBITS SUPPORTING SUF filed 1/5/2022-Exhibit 14 filed by Plaintiff Richard R Lawless. (yl) Modified on 1/11/2022 (yl). (Entered: 01/11/2022)
2022-01-0553EVIDENCE EXHIBITS SUPPORTING SUF filed 1/5/2022-Exhibit 2 filed by Plaintiff Richard R Lawless. (yl) (Additional attachment(s) added on 1/11/2022: # 1 attachment 2) (yl). (Attachment 1 replaced on 1/11/2022) (yl). (Entered: 01/11/2022)
2022-01-0554EVIDENCE EXHIBITS SUPPORTING SUF-Exhibit 15 filed by Plaintiff Richard R Lawless. (yl) (Entered: 01/11/2022)
2022-01-0555EVIDENCE EXHIBITS SUPPORTING SUF filed 1/5/2022-Exhibit 16 filed by Plaintiff Richard R Lawless. (yl) (Entered: 01/11/2022)
2022-01-1036NOTICE OF DISCREPANCY AND ORDER: by Judge John W. Holcomb, ORDERING Evidence Exhibits 1 through 15 (Plaintiff's Response to Defendant's Motion to Dismiss Dated 12/23/21 Document 29) submitted by Plaintiff Richard R Lawless received on 1/1/2022 is not to be filed but instead rejected. Denial based on: There is no Motion to Dismiss pending before the Court. (yl) # 1 PART 1, # 2 PART 3, # 3 PART 4, # 4 PART 5, # 5 PART 6) (Entered: 01/10/2022)
2022-01-1038NOTICE OF DISCREPANCY AND ORDER: by Judge John W. Holcomb, ORDERING Statement of Undisputed Facts Re: Response to Motion to Dismiss; 2) Response to Answer Re: Response to Answer submitted by Plaintiff Richard R Lawless received on 1/5/2022 is not to be filed but instead rejected. Denial based on: There is no Motion to Dismiss pending before the Court; and 2) (See document for further details). (yl) (Entered: 01/11/2022)
2022-01-1039NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge John W. Holcomb ORDERING Evidence Exhibits 1 - 16 Supporting SUF (In Support of Motion for Summary Judgment) submitted by Plaintiff Richard R Lawless received on 1/5/2022 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (yl) (Entered: 01/11/2022)
2022-01-1156PRE-HEARING BRIEF filed by Plaintiff Richard R Lawless. (yl) (Entered: 01/13/2022)
2022-01-1257NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge John W. Holcomb ORDERING Pre-hearing Brief submitted by Plaintiff Richard R Lawless received on 1/11/2022 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (yl) (Entered: 01/13/2022)
2022-01-1458MINUTES OF VIDEO HEARING RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT [ECF No. 20]; DEFENDANT'S MOTION FOR CONTINUANCE OF HEARING [ECF No. 22]; & PLAINTIFF'S MOTION OF MODIFIED REQUEST FOR SUMMARY JUDGMENT [ECF No. 26] Hearing held before Judge John W. Holcomb. The Court hereby ORDERS as follows: 1. Plaintiff's motion for summary judgment [ECF No. 20] is DENIED as moot. 2. Defendant's motion for continuance [ECF No. 22] is DENIED as moot. 3. Plaintiff's modified motion for summary judgment [ECF No. 26], which supersedes the motion for summary judgment [ECF No. 20], is DENIED. Court Reporter: Lisa Gonzalez. (lom) (Entered: 01/18/2022)
2022-01-1859NOTICE OF DISCREPANCY AND ORDER: by Judge John W. Holcomb, ORDERING Evidence Exhibit 17 Supporting Evidence for Plaintiff's SUF submitted by Plaintiff Richard R Lawless received on 1/13/2021 is not to be filed but instead rejected. Denial based on: No proof of service attached to document(s). (yl) (Entered: 01/19/2022)
2022-01-1860NOTICE OF DISCREPANCY AND ORDER: by Judge John W. Holcomb, ORDERING Motion to Modify Plaintiff's Complaint submitted by Plaintiff Richard R Lawless received on 1/14/2022 is not to be filed but instead rejected. Denial based on: Written notice of motion lacking or timeliness of notice incorrect, Proposed amended pleading not under separate cover. (yl) (Entered: 01/19/2022)
2022-01-1861NOTICE of Related Case(s) filed by Plaintiff Richard R Lawless. Related Case(s): 21-6866 (yl) (Entered: 01/20/2022)
2022-01-2062NOTICE OF DISCREPANCY AND ORDER: by Judge John W. Holcomb, ORDERING Motion to Reconsider Plaintiff's Request for a Summary Judgment submitted by Plaintiff Richard R Lawless received on 1/15/2022 is not to be filed but instead rejected. Denial based on: Proposed amended pleading not under separate cover. Written notice of motion lacking or timeliness of notice incorrect. (See document for further details). (yl) (Entered: 01/21/2022)
2022-01-2063NOTICE OF DISCREPANCY AND ORDER: by Judge John W. Holcomb, ORDERING Motion for Court Order submitted by Plaintiff Richard R Lawless received on 1/17/2022 is not to be filed but instead rejected. Denial based on: Written notice of motion lacking or timeliness of notice incorrect. Proposed amended pleading not under separate cover. (See document for further details) (yl) (Entered: 01/21/2022)
2022-01-2065NOTICE of Related Case Information filed by Plaintiff Richard R Lawless. Related Case(s): 21-cv-0863 (yl) (Entered: 01/24/2022)
2022-01-2066NOTICE Supporting Evidence for Plaintiff's SUF filed by Plaintiff Richard R Lawless. (yl) (Entered: 01/24/2022)
2022-01-2069Evidence EXHIBIT 18 Alternative FOIA Request Responses Filed filed by Plaintiff Richard R Lawless. (twdb) (Entered: 01/24/2022)
2022-01-2164ORDER SETTING SCHEDULING CONFERENCE by Judge John W. Holcomb. Scheduling Conference set for 3/11/2022 at 11:00 AM before Judge John W. Holcomb. (iva) (Entered: 01/21/2022)
2022-01-2167NOTICE OF DISCREPANCY AND ORDER: by Judge John W. Holcomb, ORDERING Motion to Accept Modified Complaint submitted by Plaintiff Richard R Lawless received on 1/20/2022 is not to be filed but instead rejected. Denial based on: Written notice of motion lacking or timeliness of notice incorrect. Proposed amended pleading not under separate cover. (See document for further details). (yl) (Entered: 01/24/2022)
2022-01-2468NOTICE OF CLERICAL ERROR: Due to clerical error Re: Notice of Document Discrepancies and Order 67 The.pdf document was not attached to the docket entry. The document is attached to this entry. (Attachments: # 1 Document Discrepancy) (yl) (Entered: 01/24/2022)
2022-01-2570NOTICE of Related Case(s) filed by Plaintiff Richard R. Lawless. Related Supreme Court Case(s): 21-6866. (lom) (Entered: 01/27/2022)
2022-01-2771NOTICE OF DISCREPANCY AND ORDER: by Judge John W. Holcomb, ORDERING Modified Complaint submitted by Plaintiff Richard R. Lawless received on 1/24/2022 is not to be filed but instead rejected. Denial based on: Local Rule 83-2.5 No letters to the judge. Local Rule 11-3.2 Paper and F.R.Civ.P. 15: Amended and Supplemental Pleadings. Leave of Court is required. (lom) (Entered: 01/28/2022)
2022-02-0272NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge John W. Holcomb ORDERING Plaintiff's Opposed Motion for Leave to File Supplemental Complaint submitted by Plaintiff Richard R. Lawless received on 2/2/2022 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (yl) (Entered: 02/04/2022)
2022-02-0273PLAINTIFF'S OPPOSED MOTION TO LEAVE TO FILE SUPPLEMENTAL COMPLAINT filed by Plaintiff Richard R. Lawless. (yl) (Entered: 02/04/2022)
2022-02-0774NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION 73 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (iva) (Entered: 02/07/2022)
2022-02-0775RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Deficiency in Electronically Filed Documents (G-112A) - optional html form,, 74 by Deputy Clerk of Court. The motion is ACCEPTED as filed. The Court resets the motion [ECF No. 73] from March 11, 2022, at 11:00 a.m., to March 11, 2022, at 9:00 a.m. Plaintiff is reminded to refer to Judge Holcomb's Law and Motion Schedule on the Procedures and Schedules page on the Court's website, prior to filing any motion. Plaintiff is further DIRECTED to re-notice the motion referencing the corrected hearing date/time. (iva) (Entered: 02/07/2022)
2022-02-1876MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION 73 filed by Defendant The Security & Exchange Commission. (Attachments: # 1 Declaration by Alexandra Verdi ISO SEC's Opposition to Plaintiff's Motion for Leave to File Supplemental Complaint, # 2 Declaration by Lizzette Katilius ISO SEC's Opposition to Plaintiff's Motion for Leave to File Supplemental Complaint, # 3 Exhibit 1 to Katilius Declaration, # 4 Exhibit 2 to Katilius Declaration, # 5 Exhibit 3 to Katilius Declaration, # 6 Exhibit 4 to Katilius Declaration, # 7 Exhibit 5 to Katilius Declaration)(Verdi, Mary) (Entered: 02/18/2022)
2022-02-2277EVIDENCE EXHIBIT 19 Filed filed by Plaintiff Richard R. Lawless. (yl) (Entered: 02/24/2022)
2022-02-2578JOINT RULE 26(f) REPORT of FOR SCHEDULING CONFERENCE filed by Defendant The Security & Exchange Commission. (Verdi, Mary) (Entered: 02/25/2022)
2022-03-0879SCHEDULING NOTICE AND ORDER by Judge John W. Holcomb: The Scheduling Conference set for March 11, 2022, at 11:00 a.m., is hereby ADVANCED to March 11, 2022, at 9:00 a.m., via video conference. To obtain the video conference link for the scheduled hearing, the parties are directed to Judge Holcomb's Procedures and Schedules page on the Court's website: http://www.cacd.uscourts.gov/honorable-john-w-holcomb. Please follow the instructions listed under "Zoom Webinar Hearings." IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY (Entered: 03/08/2022)
2022-03-1180MINUTE ORDER OF VIDEO HEARING RE: PLAINTIFF'S MOTION FOR LEAVE TO FILE SUPPLEMENTAL COMPLAINT [ECF No. 73] & SCHEDULING CONFERENCE held before Judge John W. Holcomb. Plaintiffs motion for leave [ECF No. 73] is GRANTED-IN-PART and DENIED-IN-PART. Plaintiff may file a Supplemental Complaint as requested, except Plaintiff may not assert a claim seeking a writ of mandamus or a claim regarding Freedom of Information Act Request No. 22-00428-FOIA. The Court sets a trial schedule and will issue a separate trial scheduling order. A video Status Conference is SET for May 6, 2022, at 11:00 a.m. IT IS SO ORDERED. Court Reporter: Phyllis A. Preston. (yl) (Entered: 03/15/2022)
2022-03-1181CIVIL TRIAL SCHEDULING ORDER by Judge John W. Holcomb. Deadline for Initial Designation of Expert Witnesses: 6/10/2022; Deadline for Designation of Rebuttal Expert Witnesses: 6/24/2022; All Discovery Cut-Off (including hearing of discovery motions): 7/8/2022; Last day to Conduct Settlement Conference: 8/5/2022; Dispositive Motion Hearing Cut-Off: 9/16/2022; Deadline for Hearing on Motions in Limine: 10/21/2022 at 9:00 a.m.; Final Pretrial Conference: 10/28/2022 at 1:00 p.m.; Bench Trial: 11/14/2022 at 9:00 a.m.. (See document for further details) (yl) (Entered: 03/15/2022)
2022-03-1182ORDER/REFERRAL to ADR Procedure No 1 by Judge John W. Holcomb. Case ordered to Magistrate Judge for Settlement Conference. ADR Proceeding to be held no later than 8/5/2022. (yl) (Entered: 03/15/2022)
2022-03-1183SUPPLEMENTAL COMPLAINT filed by Plaintiff Richard R. Lawless. (yl) (Entered: 03/15/2022)
2022-03-1284EVIDENCE EXHIBIT TWENTY Filed filed by Plaintiff Richard R. Lawless. (twdb) (Entered: 03/16/2022)
2022-03-1285EVIDENCE EXHIBIT TWENTY ONE Filed filed by Plaintiff Richard R. Lawless. (twdb) (Entered: 03/16/2022)
2022-03-2486ANSWER to Complaint - (Discovery), 1 Answer to Plaintiff's Supplemental Complaint (Dkt. 83) filed by Defendant The Security & Exchange Commission.(Verdi, Mary) (Entered: 03/24/2022)
2022-04-2687NOTICE OF MOTION AND MOTION for Protective Order for Preclusion of Plaintiff's Discovery Requests filed by Defendant The Security & Exchange Commission. Motion set for hearing on 5/17/2022 at 10:00 AM before Magistrate Judge Sheri Pym. (Attachments: # 1 Supplement Joint Stipulation Regarding Discovery Dispute, # 2 Declaration of Alexandra Verdi in Support of Joint Stipulation, # 3 Exhibit 1 to Verdi Declaration, # 4 Exhibit 2 to Verdi Declaration, # 5 Exhibit 3 to Verdi Declaration, # 6 Proposed Order)(Verdi, Mary) (Entered: 04/26/2022)
2022-05-0388MEMORANDUM in Support of MOTION for Protective Order for Preclusion of Plaintiff's Discovery Requests 87 filed by Defendant The Security & Exchange Commission. (Verdi, Mary) (Entered: 05/03/2022)
2022-05-0389SCHEDULING NOTICE AND ORDER by Judge John W. Holcomb: On its own motion, the Court hereby CONTINUES the Status Conference set for May 6, 2022, to May 27, 2022, at 11:00 a.m., via video conference. To obtain the video conference link for the scheduled hearing, the parties are directed to Judge Holcomb's Procedures and Schedules page on the Court's website: http://www.cacd.uscourts.gov/honorable-john-w-holcomb. Please follow the instructions listed under "Zoom Webinar Hearings." IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY (Entered: 05/03/2022)
2022-05-0391PLAINTIFFS RESPONSE TO DEFENDANT SECURITIES AND EXCHANGE COMMISSION'S SUPPLEMENTAL MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR PROTECTIVE ORDER PRECLUDING PLAINTIFF'S DISCOVERY REQUESTS 88 filed by Plaintiff Richard R. Lawless (es) (Entered: 05/04/2022)
2022-05-0393MOTION TO HAVE JUDGE HOLCOMB RECUSE HIMSELF FROM THIS CASE of Judge Judge Holcomb filed by Plaintiff Richard R. Lawless. Motion set for hearing on 5/17/2022 at 10:00 AM before Judge John W. Holcomb. (yl) (Entered: 05/05/2022)
2022-05-0490Plaintiff Evidence Exhibit for Joint Stipulation Regarding Discovery Dispute filed by Plaintiff Richard R. Lawless. (Attachments: # 1 Evidence_Part2)(es) (Entered: 05/04/2022)
2022-05-0592NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge John W. Holcomb ORDERING Motion to have Judge Holcomb Recuse himself submitted by Plaintiff Richard R. Lawless received on 5/03/2022 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (yl) (Entered: 05/05/2022)
2022-05-0594REFERRAL OF MOTION to Disqualify Judge John W. Holcomb has been filed. Pursuant to GO 21-01 and Local Rule 72-5 NOTICE OF MOTION AND MOTION for Recusal of Judge Judge Holcomb 93 is referred to Judge Jesus G. Bernal for determination. (ap) (Entered: 05/05/2022)
2022-05-1195MINUTES ORDER DENYING Plaintiff's Motion to Disqualify Judge Jesus G. Bernal (Dkt. No. 93); and (2) VACATING the May 17, 2022 Hearing (IN CHAMBERS) by Judge John W. Holcomb. For the foregoing reasons, the Court DENIES the Motion. The hearing set for May 17, 2022 is VACATED. IT IS SO ORDERED. (See document for further details) (yl) (Entered: 05/12/2022)
2022-05-1396Text Only Entry: The court takes defendant's MOTION for Protective Order for Preclusion of Plaintiff's Discovery Requests 87 under submission. The hearing set for May 17, 2022 at 10:00 a.m. is OFF CALENDAR. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kca) TEXT ONLY ENTRY (Entered: 05/13/2022)
2022-05-1697NOTICE OF DISCREPANCY AND ORDER: by Magistrate Judge Sheri Pym, ORDERING Addendum submitted by Plaintiff Richard R. Lawless received on 05/16/2022 is not to be filed but instead rejected. Denial based on: see attached. (kca) (Entered: 05/16/2022)
2022-05-1998TEXT ONLY ENTRY: NOTICE TO PARTIES by District John W. Holcomb. Effective Monday, May 23, 2022, Judge John W. Holcomb will be located in the Ronald Reagan Federal Building and U.S. Courthouse, Courtroom 9D, on the 9th Floor, located at 411 W. 4th Street, Santa Ana, California 92701-4516. All Court appearances shall be made in Courtroom 9D of the Ronald Reagan Federal Building and U.S. Courthouse unless otherwise ordered by the Court. All required mandatory chambers copies shall be delivered and placed in the drop box located on the 9th Floor of the Ronald Reagan Federal Building and U.S. Courthouse. Judge Holcomb's Courtroom Deputy Clerk, may be reached at JWH_Chambers@cacd.uscourts.gov. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cbr) TEXT ONLY ENTRY (Entered: 05/19/2022)
2022-05-2099MINUTES (IN CHAMBERS) by Magistrate Judge Sheri Pym: Order Granting Defendants Motion for Protective Order 87 (SEE ORDER FOR DETAILS). (kca) (Entered: 05/20/2022)
2022-05-25100NOTICE OF DISCREPANCY AND ORDER: by Judge John W. Holcomb, ORDERING Related Case Information Federal Appeals Court Case 22-55486 submitted by Plaintiff Richard R. Lawless received on 5/20/2022 is not to be filed but instead rejected. Denial based on: Local Rule 6-1 Written notice of motion lacking or timeliness of notice incorrect; Incorrect case number provided on document. (lom) (Entered: 05/26/2022)
2022-05-27101MINUTE ORDER OF VIDEO HEARING RE: STATUS CONFERENCE held before Judge John W. Holcomb. Counsel are hereby DIRECTED to meet and confer regarding Plaintiff's disputes concerning Defendants responses to Plaintiff's FOIA requests. If the parties cannot reach a resolution, then the parties are DIRECTED to comply with L.R. 7-3 before engaging in further motion practice. IT IS SO ORDERED. Court Reporter: Debbie Gale. (yl) (Entered: 06/01/2022)
2022-05-29102RELATED CASE INFORMATION EVIDENCE EXHIBIT THREE from Case 5:21-cv-2174-JWH-SPx filed by Plaintiff Richard R. Lawless. (yl) (Entered: 06/07/2022)
2022-05-29104RELATED CASE INFORMATION filed by Plaintiff Richard R. Lawless. Related Case(s): 20-1847, 20-1931, 20-2162, 20-1657, 20-1930 US First Circuit Court of Appeals. (lom) (Entered: 06/07/2022)
2022-05-29105NOTICE OF MOTION AND MOTION REQUESTIONG COURT SANCTIONS FOR DEFENSE COUNSELS PERJURY, FOIA VIOLATIONS, MISLEADING STATEMENTS filed by Plaintiff Richard R. Lawless. Motion set for hearing on 7/1/2022 at 09:00 AM before Judge John W. Holcomb. (lom) (Entered: 06/07/2022)
2022-06-03103NOTICE OF DISCREPANCY AND ORDER: by Judge John W. Holcomb, ORDERING Motion requesting a court order to have the SEC release unredacted documents on FOIA request 22-0001 submitted by Plaintiff Richard R. Lawless received on 5/29/2022 is not to be filed but instead rejected. Denial based on: Failure to comply with the Court's Order dated 5/27/2022 (See document for further details). (yl) (Entered: 06/07/2022)
2022-06-08112MOTION REQUESTING A COURT ORDER TO HAVE SEC RELEASE UNREDACTED DOCUMENTS ON FOIA REQUEST 22-00016-FOPA filed by plaintiff Richard R. Lawless. Motion set for hearing on 8/19/2022 at 09:00 AM before Judge John W. Holcomb. (yl) (Entered: 06/22/2022)
2022-06-08113MOTION REQUESTING A COURT ORDER TO HAVE THE SEC RELEASE UNREDACTED DOCUMENTS ON FOIA REQUEST 22-00015-FOPA filed by Plaintiff Richard R. Lawless. Motion set for hearing on 8/19/2022 at 09:00 AM before Judge John W. Holcomb. (yl) (Entered: 06/22/2022)
2022-06-08114MOTION REQUESTING A COURT ORDER TO HAVE SEC RELEASE UNREDACTED DOCUMENTS ON FOIA REQUEST 22-0001-OIGP filed by plaintiff Richard R. Lawless. Motion set for hearing on 8/19/2022 at 09:00 AM before Judge John W. Holcomb. (yl) (Entered: 06/22/2022)
2022-06-08115MOTION REQUESTING COURT SANCTIONS FOR DEFENSE COUNSEL'S PERJURY, FOIA VIOLATIONS, MISLEADING STATEMENTS filed by plaintiff Richard R. Lawless. Motion set for hearing on 8/19/2022 at 09:00 AM before Judge John W. Holcomb. (yl) (Entered: 06/22/2022)
2022-06-09106STIPULATION to Continue Hearing on Plaintiff's Motion Requesting Court Sanctions from July 1, 2022 to August 19, 2022 Re: NOTICE OF MOTION AND MOTION for Sanctions PERJURY, FOIA VIOLATIONS, MISLEADING STATEMENTS. 105 filed by Defendant The Security & Exchange Commission. (Attachments: # 1 Proposed Order on Joint Stipulation Regarding Continuance of July 1, 2022 Hearing)(Verdi, Mary) (Entered: 06/09/2022)
2022-06-09110PLAINTIFF'S MOTION REQUESTING A COURT ORDER TO HAVE THE SEC RELEASE UNREDACTED DOCUMENTS ON FOIA REQUEST 22-00015-FOPA filed by Plaintiff Richard R. Lawless. Motion set for hearing on 8/19/2022 at 09:00 AM before Judge John W. Holcomb. (yl) (Entered: 06/21/2022)
2022-06-10108MOTION to Dismiss Defense Counsel's Statements and Testimony filed by Plaintiff Richard R. Lawless. Motion set for hearing on 8/19/2022 at 09:00 AM before Judge John W. Holcomb. (yl) (Entered: 06/21/2022)
2022-06-10109MOTION Requesting Ruling Defense Counsel's Application of FOIA Exemptions filed by Plaintiff Richard R. Lawless. Motion set for hearing on 8/19/2022 at 09:00 AM before Judge John W. Holcomb. (yl) (Entered: 06/21/2022)
2022-06-10111AMENDED MOTION REQUESTING A COURT ORDER TO HAVE THE SEC RELEASE UNREDACTED DOCUMENTS ON FOIA REQUEST 22-00016-FOPA 110 filed by Plaintiff Richard R. Lawless. (yl) (Entered: 06/21/2022)
2022-06-13107ORDER ON JOINT STIPULATIONREGARDING CONTINUANCE OFJULY 1, 2022, HEARING 106 by Judge John W. Holcomb. The Court hereby ORDERS as follows: 1. The hearing on Plaintiff's "Motion Requesting Court Sanctions forDefense Counsel's Perjury, FOIA Violations, [and] Misleading Statements" (Dkt.No. 105) is CONTINUED to August 19, 2022, at 9:00 a.m. 2. The SEC will file an opposition to Plaintiff's motion by July 29, 2022. 3. Plaintiff will file a reply, if any, by August 5, 2022. (lom) (Entered: 06/14/2022)
2022-06-20117AMENDED MOTION REQUESTING A COURT ORDER TO HAVE SEC RELEASE UNREDACTED DOCUMENTS ON FOIA REQUEST 112 filed by Plaintiff Richard R. Lawless. (yl) (Entered: 06/24/2022)
2022-06-20118Amendment to NOTICE OF MOTION AND MOTION for Ruling Defense Counsel's Application of FOIA Exemptions 109 filed by Plaintiff Richard R. Lawless. (yl) (Entered: 06/24/2022)
2022-06-20119AMENDED PLAINTIFF'S MOTION REQUESTING A COURT ORDER TO HAVE THE SEC RELEASE UNREDACTED DOCUMENTS ON FOIA REQUES 22-0001-OIGP filed by Plaintiff Richard R. Lawless. (yl) (Entered: 06/24/2022)
2022-06-20120AMENDED MOTION to Dismiss Defense Counsel Statements and Testimony 108 filed by Plaintiff Richard R. Lawless. (yl) (Entered: 06/24/2022)
2022-06-20121AMENDED MOTION REQUESTING COURT SANCTIONS FOR DEFENSE COUNSEL'S PERJURY, FOIA VIOLATIONS, MISLEADING STATEMENTS 115 filed by Plaintiff Richard R. Lawless. (yl) (Entered: 06/24/2022)
2022-06-24116AMENDED (LR 7.3) PLAINTIFF'S MOTION REQUESTING A COURT ORDER TO HAVE THE SEC RELEASE UNREDACTED DOCUMENTS ON FOIA REQUEST 22-00015-FOPA filed by Plaintiff Richard R. Lawless. (yl) (Entered: 06/24/2022)
2022-06-24122ORDER RE SETTLEMENT CONFERENCE by Magistrate Judge Sheri Pym. This case has been referred to Magistrate Judge Sheri Pym for settlement proceedings. The Settlement Conference is placed on calendar for July 18, 2022, at 9:30 a.m. (SEE ORDER FOR DETAILS). (kca) (Entered: 06/24/2022)
2022-06-27123EX PARTE APPLICATION for Order for Briefing Schedule and Modification of Civil Trial Scheduling Order filed by defendant The Security & Exchange Commission. (Attachments: # 1 Declaration in Support of Ex Parte Application, # 2 Proposed Order on Ex Parte Application for Briefing Schedule and Modification of Civil Trial Scheduling Order) (Verdi, Mary) (Entered: 06/27/2022)
2022-06-28124PLAINTIFF'S RESPONSE TO EX PARTE APPLICATION FOR BRIEFING SCHEDULE AND MODIFICATION OF CIVIL TRIAL SCHEDULING ORDER 123 filed by Plaintiff Richard R. Lawless. (yl) Modified on 6/29/2022 (yl). Modified on 6/29/2022 (yl). (Entered: 06/29/2022)
2022-06-29125MINUTES OF Telephone Conference held before Magistrate Judge Sheri Pym: The court conferred with the parties about the upcoming settlement conference. At this time, the settlement conference will remain as set for Monday, July 18, 2022 at 9:30 a.m. Court Recorder: XTR Recorder. (kca) (Entered: 06/29/2022)
2022-07-05126ORDER GRANTING IN PART THE SECS EX PARTE APPLICATION FOR BRIEFING SCHEDULE AND MODIFICATION OF CIVIL TRIAL SCHEDULING ORDER by Judge John W. Holcomb 123 . The hearing on Plaintiffs Motion Requesting Court Sanctions for Defense Counsel[]s Perjury, FOIA Violations, Misleading Statements [ECF Nos. 105, 115, & 121] and Motion to Dismiss Defense Counsel Statements and Testimony [ECF Nos. 108 & 120] is CONTINUED to September 16, 2022, at 11:00 a.m., by video via Zoom. SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) (Entered: 07/06/2022)
2022-07-06127MINUTE ORDER IN CHAMBERS by Magistrate Judge Sheri Pym: Order Vacating Settlement Conference previously set for July 18, 2022 (SEE ORDER FOR DETAILS). (kca) (Main Document 127 replaced on 7/6/2022) (kca). (Entered: 07/06/2022)
2022-07-07128SCHEDULING NOTICE AND ORDER by Judge John W. Holcomb: The hearing on Defendants Motions [ECF Nos. 109, 110, 112, 113, 114, 116, 117, 118, and 1119], are ordered CONTINUED from August 19, 2022 to September 16, 2022, at 11:00 a.m. via video conference. To obtain the video conference link for the scheduled hearings, the parties are directed to Judge Holcombs Procedures and Schedules page on the Courts website: http://www.cacd.uscourts.gov/honorable-john-w-holcomb. Please follow the instructions listed under Zoom Webinar Hearings. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY (Entered: 07/07/2022)
2022-08-18131EX PARTE APPLICATION MOTION TO IMMEDIATELY ADDRESS THE SEC'S AND COURT VIOLATIONS OF PLAINTIFFS WHISTLEBLOWER PROTECTIONS AND CIVIL RIGHTS filed by Plaintiffs Richard R. Lawless. (yl) (Entered: 08/22/2022)
2022-08-19129NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to FOIA Request Nos. 22-00015-FOPA, 22-00016-FOPA, and 22-00001-OIGP filed by defendant The Security & Exchange Commission. Motion set for hearing on 9/16/2022 at 11:00 AM before Judge John W. Holcomb. (Attachments: # 1 Memorandum in Support of SEC's Motion for Partial Summary Judgment and Opposition to Plaintiff's Motions (Dkt. 116-119), # 2 Supplement Joint Statement of Undisputed Facts and Genuine Disputes, # 3 Exhibit Joint Exhibit Table of Contents, # 4 Exhibit Joint Exhibit, # 5 Proposed Order on SEC's Motion for Partial Summary Judgment) (Verdi, Mary) (Entered: 08/19/2022)
2022-08-19130OPPOSITION filed by Defendant The Security & Exchange Commission. (Verdi, Mary) (Entered: 08/19/2022)
2022-08-19132PLAINTIFF'S RESPONSE TO SEC'S MOTION FOR SUMMARY JUDGMENT 129 filed by Plaintiff Richard R. Lawless. (yl) (Entered: 08/23/2022)
2022-08-23133NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to FOIA Request Nos. 22-00015-FOPA, 22-00016-FOPA, and 22-00001-OIGP 129 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (yl) (Entered: 08/23/2022)
2022-08-25134RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to FOIA Request Nos. 22-00015-FOPA, 22-00016-FOPA, and 22-00001-OIGP 129 by Judge John W. Holcomb. The hearing date has been rescheduled. Motion set for hearing on 9/16/2022 at 09:00 AM before Judge John W. Holcomb. (yl) (Entered: 08/25/2022)
2022-08-26135MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Sanctions PERJURY, FOIA VIOLATIONS, MISLEADING STATEMENTS. 105 , NOTICE OF MOTION AND MOTION to Dismiss Defense Counsel Statements and Testimony 108 , NOTICE OF MOTION AND MOTION for Order 115 filed by Defendant The Security & Exchange Commission. (Attachments: # 1 Declaration of Alexandra Verdi in Support of SEC's Opposition to Plaintiff's Motions (Dkt. 105, 108, 115, 120, 121))(Verdi, Mary) (Entered: 08/26/2022)
2022-08-30136SCHEDULING NOTICE AND ORDER by Judge John W. Holcomb: The hearing on Defendants Motion for Partial Summary Judgment [ECF No. 129 ], set for Friday, September 16, 2022, is hereby MOVED from 9:00 a.m. to 11:00 a.m. Previous Response by the Court [ECF 134] was entered in error. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (eva) TEXT ONLY ENTRY (Entered: 08/30/2022)
2022-09-01137REPLY in Support of NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to FOIA Request Nos. 22-00015-FOPA, 22-00016-FOPA, and 22-00001-OIGP 129 filed by Defendant The Security & Exchange Commission. (Verdi, Mary) (Entered: 09/01/2022)
2022-09-07138PLAINTIFF'S RELATED CASE INFORMATION filed by Plaintiff Richard R. Lawless. (yl) (Entered: 09/08/2022)
2022-09-09139PLAINTIFF EVIDENCE EXHIBIT Filed filed by Plaintiff Richard R. Lawless. (yl) (Entered: 09/13/2022)
2022-09-13140SCHEDULING NOTICE AND ORDER by Judge John W. Holcomb: The hearing on the motions [ECF Nos. 105, 108, 109, 110, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 129 and 131] are ordered CONTINUED from September 16, 2022 to September 23, 2022 at 11:00 a.m., via video conference. To obtain the video conference link for the scheduled hearing, the parties are directed to Judge Holcombs Procedures and Schedules page on the Courts website: http://www.cacd.uscourts.gov/honorable-john-w-holcomb. Please follow the instructions listed under Zoom Webinar Hearings. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY (Entered: 09/13/2022)
2022-09-14141SCHEDULING NOTICE AND ORDER by Judge John W. Holcomb: The hearing on the motions [ECF Nos. 105, 108, 109, 110, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 129 and 131] are ordered CONTINUED from September 23, 2022 to October 21, 2022 at 11:00 a.m., via video conference. To obtain the video conference link for the scheduled hearing, the parties are directed to Judge Holcombs Procedures and Schedules page on the Courts website: http://www.cacd.uscourts.gov/honorable-john-w-holcomb. Please follow the instructions listed under Zoom Webinar Hearings. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY (Entered: 09/14/2022)
2022-09-19142On its own motion, the Court hereby DIRECTS Defendant Securities and Exchange Commission (the SEC) to transmit to Chambers, for in camera review, unredacted versions of any documents related to the Freedom of Information Act requests of Plaintiff Richard R. Lawless, Request Numbers 22-00001-OIGP, 22-00015-FOPA, and 22-00016-FOPA, that the SEC previously redacted or withheld in full. The SEC shall transmit those documents to Chambers no later than 12:00 noon P.D.T. on September 21, 2022. The SEC may transmit the documents electronically, using multiple attachments or.zip files, by emailing them to JWH_Chambers@cacd.uscourts.gov. With notice to the Court, the SEC may use any other alternative means, electronic or otherwise, reasonably calculated to transmit the documents securely and in an organized manner. In the event of technical difficulties, the SEC is instructed to contact Chambers at JWH_Chambers@cacd.uscourts.gov. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY (Entered: 09/19/2022)
2022-09-20143Notice of Submission of Documents In Camera Pursuant to the Court's September 19, 2022 Order (Dkt. 142) filed by defendant The Security & Exchange Commission. (Verdi, Mary) (Entered: 09/20/2022)
2022-09-30144EVIDENCE EXHIBIT TWENTY filed by Plaintiff Richard R. Lawless. (yl) (Entered: 10/03/2022)
2022-10-03145EVIDENCE EXHIBIT TWENTY-ONE Filed filed by Plaintiff Richard R. Lawless. (yl) (Entered: 10/05/2022)
2022-10-13146EVIDENCE EXHIBIT 23 FOIA DISCOVERY WITHHELD EVIDEDNCE Filed filed by Plaintiff Richard R. Lawless. (yl) (Entered: 10/17/2022)
2022-10-18147(IN CHAMBERS) ORDER by Judge John W. Holcomb: The Court finds that the Motions [ECF Nos. 105, 108, 109, 110, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 129 and 131] are appropriate for resolution without a hearing. See Fed. R. Civ. P. 78; L.R. 7-15. Accordingly, the Court VACATES the hearing set on October 21, 2022. The motion stands submitted on the papers timely filed. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY (Entered: 10/18/2022)
2022-10-25148SCHEDULING NOTICE AND ORDER by Judge John W. Holcomb: On its own motion, the Court CONTINUES the Final Pretrial Conference to January 27, 2023 at 1:00 p.m. and the Bench Trial to February 13, 2023 at 9:00 a.m. The parties are DIRECTED to appear in person in Courtroom 9D, on the 9th Floor of the Ronald Reagan Federal Building and United States Courthouse at 411 W. Fourth Street Santa Ana, CA 92701. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY (Entered: 10/25/2022)
2022-10-28149RELATED CASE INFORMATION NINTH CIRCUIT COURT OF APPEALS 22-55857 filed by Plaintiff Richard R. Lawless. (yl) (Entered: 11/02/2022)
2022-11-01150EVIDENCE EXHIBIT TWENTY-TWO WITHHELD FOIA DOCUMENTS Filed filed by Plaintiff Richard R. Lawless. (yl) (Entered: 11/03/2022)
2023-01-09151SCHEDULING NOTICE AND ORDER by Judge John W. Holcomb: On its own motion, the Court CONTINUES the Final Pretrial Conference to March 24, 2023 at 1:00 p.m. and the Bench Trial to April 10, 2023 at 9:00 a.m. The parties are DIRECTED to appear in person in Courtroom 9D, on the 9th Floor of the Ronald Reagan Federal Building and United States Courthouse at 411 W. Fourth Street Santa Ana, CA 92701. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cla) TEXT ONLY ENTRY (Entered: 01/09/2023)
2023-03-06152SCHEDULING NOTICE AND ORDER by Judge John W. Holcomb: On its own motion, the Court CONTINUES the Final Pretrial Conference to June 30, 2023 at 1:00 p.m. and the Bench Trial to July 10, 2023 at 9:00 a.m. The parties are DIRECTED to appear in person in Courtroom 9D, on the 9th Floor of the Ronald Reagan Federal Building and United States Courthouse at 411 W. Fourth Street Santa Ana, CA 92701. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cla) TEXT ONLY ENTRY (Entered: 03/06/2023)
2023-05-01153EVIDENCE EXHIBIT RESPONSE TO DOJ CIVIL RIGHTS INVESTIGATION Filed filed by Plaintiff Richard R. Lawless. (yl) (Entered: 05/03/2023)
2023-05-09154MOTION TO ADD DUE PROCESS VIOLATIONS TO PLAINTIFFS LAWSUIT filed by Plaintiff Richard R. Lawless. Motion set for hearing on 6/30/2023 at 09:00 AM before Judge John W. Holcomb. (yl) (Entered: 05/10/2023)
2023-05-09155MOTION FOR RULE 11 SANCTIONS filed by Plaintiff Richard R. Lawless. Motion set for hearing on 6/30/2023 at 09:00 AM before Judge John W. Holcomb. (yl) (Entered: 05/10/2023)
2023-06-01157MOTION REQUESTING COURT TO RELEASE UNREDACTED AND WITHHELD DOCUMENTS RELATED TO DOCKET ITEMS #142 AND #143 filed by Plaintiff Richard R. Lawless. Motion set for hearing on 6/30/2023 at 09:00 AM before Judge John W. Holcomb. (yl) (Entered: 06/08/2023)
2023-06-08156SCHEDULING NOTICE AND ORDER by Judge John W. Holcomb: On its own motion, the Court CONTINUES the Final Pretrial Conference from June 30, 2023, to September 8, 2023, at 1:00 p.m. and the Bench Trial from July 10, 2023, to September 25, 2023, at 9:00 a.m. The parties are DIRECTED to appear in person in Courtroom 9D, on the 9th Floor of the Ronald Reagan Federal Building and United States Courthouse at 411 W. Fourth Street Santa Ana, CA 92701. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cla) TEXT ONLY ENTRY (Entered: 06/08/2023)
2023-06-09158OPPOSITION to NOTICE OF MOTION AND MOTION for Order 154 to Add Due Process Violations to Plaintiff's Lawsuit filed by Defendant The Security & Exchange Commission. (Attachments: # 1 Proposed Order)(Verdi, Mary) (Entered: 06/09/2023)
2023-06-09159OPPOSITION to NOTICE OF MOTION AND MOTION for Sanctions 155 filed by Defendant The Security & Exchange Commission. (Attachments: # 1 Proposed Order)(Verdi, Mary) (Entered: 06/09/2023)
2023-06-09160OPPOSITION to NOTICE OF MOTION AND MOTION for Order 157 Releasing Unredacted and Withheld Documents filed by Defendant The Security & Exchange Commission. (Attachments: # 1 Proposed Order)(Verdi, Mary) (Entered: 06/09/2023)
2023-06-14161Plaintiff RESPONSE to Defense Opposition Regarding Plaintiffs Motion to Add Due Process Violations (Docket Item 158) 154 filed by Plaintiff Richard R. Lawless. (twdb) (Entered: 06/14/2023)
2023-06-14162Plaintiff RESPONSE TO DEFENSE COUNSELS OPPOSITION TO SECTION 11 MOTION DOCKET ITEM #159 155 filed by Plaintiff Richard R. Lawless. (twdb) (Entered: 06/14/2023)
2023-06-14163PLAINTIFF'S RESPONSE TO DEFENSE COUNSEL'S OPPOSITION TO MOTION TO RELEASE DOCUMENTS. DOCKET ITEM # 160 filed by Plaintiff Richard R. Lawless. (yl) (Entered: 06/15/2023)
2023-06-27164(IN CHAMBERS) ORDER by Judge John W. Holcomb: The Court finds that the Plaintiff's Motion to Add Due Process Violations [ECF No. 154], Plaintiff's Motion for Rule 11 Sanctions [ECF No. 155] and Plaintiff's Motion Requesting Court to Release Unredacted and Withheld Documents [ECF No. 157] are appropriate for resolution without a hearing. See Fed. R. Civ. P. 78; L.R. 7-15. Accordingly, the Court VACATES the hearing set on June 30, 2023. The motion stands submitted on the papers timely filed. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cla) TEXT ONLY ENTRY (Entered: 06/27/2023)
2023-08-21165SCHEDULING NOTICE AND ORDER by Judge John W. Holcomb: On its own motion, the Court CONTINUES the Final Pretrial Conference from September 8, 2023, at 1:00 p.m. to January 5, 2024 at 1:00 p.m., and the Bench Trial from September 25, 2023, at 9:00 a.m. to January 22, 2024, at 9:00 a.m. The parties are DIRECTED to appear in person in Courtroom 9D, on the 9th Floor of the Ronald Reagan Federal Building and United States Courthouse at 411 W. Fourth Street Santa Ana, CA 92701. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cla) TEXT ONLY ENTRY (Entered: 08/21/2023)
2023-10-03166ORDER DENYING PLAINTIFF'S EX PARTE APPLICATION [ECF No. 131] (IN CHAMBERS) by Judge John W. Holcomb. For those foregoing reasons, the ex parte Application is DENIED. IT IS SO ORDERED. (See document for further details) (yl) (Entered: 10/04/2023)
2023-10-11167ORDER REGARDING PLAINTIFF'S MOTIONS FOR SANCTIONS [ECF. Nos. 105, 115, & 121], PLAINTIFF'S MOTIONS TO DISMISS DEFENSE COUNSELS STATEMENTS [ECF Nos. 108 & 120], PLAINTIFF'S MOTIONS REQUESTING RULINGS ON DEFENSE COUNSEL APPLICATIONS OF FOIA EXEMPTIONS [ECF Nos. 109 & 118], PLAINTIFF'S MOTIONS TO RELEASE UNREDACTED DOCUMENTS [ECF Nos. 110- 114, 116, 117, & 119], AND DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT [ECF No. 129] by Judge John W. Holcomb. For the foregoing reasons, the Court hereby ORDERS as follows: 1. Lawless's First Motion for Sanctions, Second Motion for Sanctions, Motion to Dismiss Statements, First Motion on FOIA Exemptions, First 22-0001-OIGP Motion, First 22-00015-FOPA Motion, Second 22-00015-FOPA Motion, First 22-00016-FOPA Motion, and Second 22-00016-FOPA Motion are DENIED as moot. 2. Lawless's Third Motion for Sanctions and Amended Motion to Dismiss Statements are DENIED. 3. The SEC's Motion for Partial Summary Judgment is GRANTED, and Lawless's FOIA Cross-Motions are DENIED. Accordingly, Lawless's FOIA claims as they relate to FOIA Requests No. 22-0001-OIGP, 22-00015-FOPA, and 22-00016-FOPA are DISMISSED with prejudice. 4. The SEC is DIRECTED to file a Status Report no later than October 27, 2023, regarding Lawless's FOIA Requests Nos. 21-00159-FOPA and 22-00017-FOPA, concerning progress to date and an estimation time to completion. IT IS SO ORDERED. (See document for further details) (yl) (Entered: 10/13/2023)
2023-10-13168ORDER REGARDING PLAINTIFF'S MOTION TO ADD DUE PROCESS VIOLATIONS TO LAWSUIT [ECF NO. 154 ; PLAINTIFF'S MOTION FOR FURLE 11 SANCTIONS [ECF NO. 155 ]; PLAINTIFF'S MOTION REQUESTING COURT TO RELEASE UNREDACTED AND WITHHELD DOCUMENTS RELATED TO DOCKET ITEMS #142 AND #143 [ECF NO. 157 ] (IN CHAMBERS) by Judge John W. Holcomb. This Court expects and requires strict compliance with the Local Rules. The Court admonishes Lawless henceforth to comply strictly with all Local Rules or to face the penalty of sanctions without further notice. See, e.g., L.R. 83-7. Moreover, pursuant to L.R. 7-4, the Court declines to consider Lawless's pending Motions and DENIES all of them without prejudice. In summary, the Court hereby ORDERS as follows: Lawless's Motion to Amend is DENIED. Lawless's Motion for Sanctions is DENIED. Lawless is DIRECTED to engage in a conference of counsel in accordance with L.R. 7-3 prior to filing any further motions. Any motion shall be accompanied by a declaration from the parties recounting their meet-and-confer efforts (but not the substance of the discussions). Failure to comply with this Order or any of the Local Rules may result in the imposition of sanctions on the parties, on counsel, or on both, without further notice. IT IS SO ORDERED. (See document for further details) (yl) (Entered: 10/16/2023)
2023-10-26169STATUS REPORT filed by Defendant The Security & Exchange Commission. (Verdi, Mary) (Entered: 10/26/2023)
2023-10-30170(IN CHAMBERS) ORDER by Judge John W. Holcomb: In view of the Status Report [ECF No. 169] filed on October 26, 2023, the SEC is DIRECTED to file a Status Report no later than November 27, 2023, regarding Lawless's FOIA Requests Nos. 21-00159-FOPA and 22-00017-FOPA, concerning progress to date and an estimation time to completion. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cla) TEXT ONLY ENTRY (Entered: 10/30/2023)
2023-11-27171STATUS REPORT filed by Defendant The Security & Exchange Commission. (Verdi, Mary) (Entered: 11/27/2023)
2023-11-28172(IN CHAMBERS) ORDER by Judge John W. Holcomb: In view of the Status Report [ECF No. 171] filed on November 27, 2023, the SEC is DIRECTED to file a Status Report no later than January 26, 2024, regarding Lawless's FOIA Requests Nos. 21-00159-FOPA and 22-00017-FOPA, concerning progress to date and an estimated time to completion. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cla) TEXT ONLY ENTRY (Entered: 11/28/2023)
2023-12-04173SCHEDULING NOTICE AND ORDER by Judge John W. Holcomb: On its own motion, the Court CONTINUES the Final Pretrial Conference from January 5, 2024, at 1:00 p.m. to March 8, 2024 at 1:00 p.m., and the Bench Trial from January 22, 2024, at 9:00 a.m. to March 25, 2024, at 9:00 a.m. The parties are DIRECTED to appear in person in Courtroom 9D, on the 9th Floor of the Ronald Reagan Federal Building and United States Courthouse at 411 W. Fourth Street Santa Ana, CA 92701. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cla) TEXT ONLY ENTRY (Entered: 12/04/2023)
2024-01-23174STATUS REPORT filed by Defendant The Security & Exchange Commission. (Verdi, Mary) (Entered: 01/23/2024)
2024-01-30175(IN CHAMBERS) ORDER by Judge John W. Holcomb: In view of the Status Report [ECF No. 174] filed by Defendant SEC on January 23, 2024, the Court hereby ORDERS as follows: (1) the SEC is DIRECTED to file a Status Report no later than March 26, 2024, regarding FOIA Requests Nos. 21-00159-FOPA and 22-00017-FOPA, concerning progress to date and an estimation time to completion; (2) the Final Pretrial Conference is CONTINUED from March 8, 2024, to May 10, 2024, at 1:00 p.m.; and (3) the Bench Trial is CONTINUED from March 25, 2024, to June 3, 2024, at 9:00 a.m. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cla) TEXT ONLY ENTRY (Entered: 01/30/2024)
2024-03-01176FOR COURT USE ONLY: STATISTICAL CORRECTION re 112 113 re order 167 (yl) (Entered: 03/01/2024)
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