| Date Filed | Doc # | Docket Text |
|
| 2022-02-23 | 1 | COMPLAINT against U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 402 receipt number ADCDC-9061419) filed by GANNETT SATELLITE INFORMATION NETWORK, LLC. (Attachments: # 1 Exhibit Ex 1-5, # 2 Civil Cover Sheet, # 3 Summons)(Topic, Matthew) (Entered: 02/23/2022) |
| 2022-02-23 | 2 | NOTICE of Appearance by Matthew Topic on behalf of GANNETT SATELLITE INFORMATION NETWORK, LLC (Topic, Matthew) (Entered: 02/23/2022) |
| 2022-02-23 | 3 | LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by GANNETT SATELLITE INFORMATION NETWORK, LLC (Topic, Matthew) (Entered: 02/23/2022) |
| 2022-02-24 | | Case Assigned to Chief Judge Beryl A. Howell. (znmg) (Entered: 02/24/2022) |
| 2022-02-24 | 4 | STANDING ORDER. Signed by Chief Judge Beryl A. Howell on February 24, 2022 (lcbah2) (Entered: 02/24/2022) |
| 2022-02-25 | 5 | SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zeg) (Entered: 02/25/2022) |
| 2022-04-08 | 6 | NOTICE of Appearance by Cormac A. Early on behalf of All Defendants (Early, Cormac) (Entered: 04/08/2022) |
| 2022-04-08 | 7 | ANSWER to Complaint by U.S. DEPARTMENT OF JUSTICE.(Early, Cormac) (Entered: 04/08/2022) |
| 2022-05-10 | | MINUTE ORDER (paperless) DIRECTING plaintiff to SHOW CAUSE, by May 13, 2022, why this case should not be dismissed for failure to prosecute pursuant to Local Civil Rule 83.23. The parties have yet to file their abbreviated Joint Meet and Confer Report, which was due on April 22, 2022, fourteen days after filing of defendant's 7 Answer. See 4 Standing Order ¶ 3.b.ii (identifying requirements for FOIA cases). Signed by Chief Judge Beryl A. Howell on May 10, 2022. (lcbah2) (Entered: 05/10/2022) |
| 2022-05-10 | | Set/Reset Deadlines: Response to Show Cause due by 5/13/2022. (ztg) (Entered: 05/10/2022) |
| 2022-05-12 | 8 | NOTICE of Appearance by Joshua Loevy on behalf of GANNETT SATELLITE INFORMATION NETWORK, LLC (Loevy, Joshua) (Entered: 05/12/2022) |
| 2022-05-12 | 9 | RESPONSE TO ORDER TO SHOW CAUSE filed by GANNETT SATELLITE INFORMATION NETWORK, LLC. (Loevy, Joshua) (Entered: 05/12/2022) |
| 2022-05-13 | | MINUTE ORDER (paperless) DIRECTING, upon consideration of plaintiff's 9 Response to Order to Show Cause, the parties to file, by May 20, 2022, their abbreviated Joint Meet and Confer Report. Signed by Chief Judge Beryl A. Howell on May 13, 2022. (lcbah2) (Entered: 05/13/2022) |
| 2022-05-13 | | Set/Reset Deadlines: Abbreviated Joint Meet & Confer Statement due by 5/20/2022. (ztg) (Entered: 05/13/2022) |
| 2022-05-13 | | ENTERED IN ERROR IN THIS CASE. Set/Reset Deadlines: Joint Status Report due by 5/27/2022. (ztg) Modified on 5/13/2022 (ztg). (Entered: 05/13/2022) |
| 2022-05-13 | | NOTICE OF ERROR regarding deadline set for May 27, 2022. Counsel shall disregard the deadline, it was erroneously entered in this case. (ztg) (Entered: 05/13/2022) |
| 2022-05-20 | 10 | Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Early, Cormac) (Entered: 05/20/2022) |
| 2022-05-31 | | MINUTE ORDER (paperless) ISSUING, in light of the parties' 10 Joint Status Report, the following SCHEDULING ORDER to govern further proceedings in this matter: (1) by June 24, 2022, defendant shall file any motion for partial summary judgment limited to the applicability of Exemption 3; (2) by July 22, 2022, plaintiff shall file any cross-motion for partial summary judgment limited to Exemption 3 and its combined opposition to defendant's motion for summary judgment; (3) by August 12, 2022, defendant shall file any combined opposition to plaintiff's cross-motion for summary judgment and reply in support of its own motion for summary judgment; and (4) by August 26, 2022, plaintiff shall file any reply in support of its cross-motion for summary judgment. Signed by Chief Judge Beryl A. Howell on May 31, 2022. (lcbah2) (Entered: 05/31/2022) |
| 2022-06-01 | | Set/Reset Deadlines: Partial summary judgment motion due by 6/24/2022; cross-motion and opposition to partial summary judgment motion due by 7/22/2022; opposition to cross-motion and reply to opposition to partial summary judgment motion due by 8/12/2022; reply to opposition to cross-motion due by 8/26/2022. (ztg) (Entered: 06/01/2022) |
| 2022-06-21 | 11 | Unopposed MOTION for Extension of Time to File Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE. (Early, Cormac) (Entered: 06/21/2022) |
| 2022-06-21 | | MINUTE ORDER (paperless) GRANTING defendant's 11 Unopposed Motion for Extension of Time, and AMENDING the SCHEDULING ORDER entered on May 31, 2022, as follows: (1) by June 30, 2022, defendant shall file any motion for partial summary judgment limited to the applicability of Exemption 3; (2) by July 29, 2022, plaintiff shall file any cross-motion for partial summary judgment limited to Exemption 3 and its combined opposition to defendant's motion for summary judgment; (3) by August 19, 2022, defendant shall file any combined opposition to plaintiff's cross-motion for summary judgment and reply in support of its own motion for summary judgment; and (4) by September 2, 2022, plaintiff shall file any reply in support of its cross-motion for summary judgment. Signed by Chief Judge Beryl A. Howell on June 21, 2022. (lcbah2) (Entered: 06/21/2022) |
| 2022-06-22 | | Set/Reset Deadlines: Motion for partial summary judgment limited to the applicability of Exemption due by 6/30/2022; cross-motion and opposition to motion for partial summary judgment due by 7/29/2022; opposition to cross-motion and reply to opposition to motion for partial summary judgment due by 8/19/2022; reply to opposition to cross-motion due by 9/2/2022.(ztg) (Entered: 06/22/2022) |
| 2022-06-30 | 12 | MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Memorandum in Support, # 2 Affidavit (Statutory Addendum), # 3 Statement of Facts, # 4 Declaration, # 5 Text of Proposed Order)(Early, Cormac) (Entered: 06/30/2022) |
| 2022-07-29 | 13 | Cross MOTION for Summary Judgment by GANNETT SATELLITE INFORMATION NETWORK, LLC. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Statement of Facts, # 4 Statement of Facts Response to SOF, # 5 Text of Proposed Order)(Topic, Matthew) (Entered: 07/29/2022) |
| 2022-07-29 | 14 | Memorandum in opposition to re 12 Motion for Summary Judgment filed by GANNETT SATELLITE INFORMATION NETWORK, LLC. (Attachments: # 1 Exhibit A, # 2 Statement of Facts, # 3 Statement of Facts Response to SOF, # 4 Text of Proposed Order)(Topic, Matthew) (Entered: 07/29/2022) |
| 2022-08-15 | 15 | NOTICE of Appearance by Brian C. Rosen-Shaud on behalf of U.S. DEPARTMENT OF JUSTICE (Rosen-Shaud, Brian) (Entered: 08/15/2022) |
| 2022-08-15 | 16 | Consent MOTION for Extension of Time to File Response/Reply as to 12 MOTION for Summary Judgment , 13 Cross MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit Proposed Order)(Rosen-Shaud, Brian) (Entered: 08/15/2022) |
| 2022-08-16 | | MINUTE ORDER (paperless) GRANTING defendant's 16 Consent Motion for Extension of Deadlines. Accordingly, defendant's reply in support of its 12 Motion for Summary Judgment and/or any opposition to plaintiff's 13 Cross-Motion for Summary Judgment shall be filed by August 26, 2022. Plaintiff's reply in support of its 13 Cross-Motion for Summary Judgment shall be filed by September 9, 2022. Signed by Chief Judge Beryl A. Howell on August 16, 2022. (lcbah2) (Entered: 08/16/2022) |
| 2022-08-17 | | Set/Reset Deadlines: Defendant's opposition to cross-motion and reply to opposition to motion for summary judgment due by 8/26/2022; plaintiff's reply to opposition to cross-motion due by 9/9/2022. (ztg) (Entered: 08/17/2022) |
| 2022-08-26 | 17 | REPLY to opposition to motion re 12 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Response to Plaintiff's SOF)(Rosen-Shaud, Brian) (Entered: 08/26/2022) |
| 2022-08-26 | 18 | Memorandum in opposition to re 13 Motion for Summary Judgment, filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Response to Plaintiff's SOF)(Rosen-Shaud, Brian) (Entered: 08/26/2022) |
| 2022-09-09 | 19 | REPLY to opposition to motion re 13 Cross MOTION for Summary Judgment filed by GANNETT SATELLITE INFORMATION NETWORK, LLC. (Topic, Matthew) (Entered: 09/09/2022) |
| 2023-03-29 | 20 | ORDER DENYING defendant's 12 Motion for Summary Judgment and GRANTING plaintiff's 13 Cross-Motion for Summary Judgment. See Order for further details. Signed by Judge Beryl A. Howell on March 29, 2023. (lcbah2) (Entered: 03/29/2023) |
| 2023-03-29 | 21 | MEMORANDUM OPINION regarding defendant's 12 Motion for Summary Judgment and plaintiff's 13 Cross-Motion for Summary Judgment. Signed by Judge Beryl A. Howell on March 29, 2023. (lcbah2) (Entered: 03/29/2023) |
| 2023-03-29 | | Set/Reset Deadlines: Joint Status Report due by 4/12/2023. (ztg) (Entered: 03/29/2023) |
| 2023-04-12 | 22 | Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Early, Cormac) (Entered: 04/12/2023) |
| 2023-04-13 | | MINUTE ORDER (paperless), upon consideration of the parties' 22 Joint Status Report, DIRECTING the parties to file, by May 12, 2023, a joint status report advising the Court of the status of this matter, whether any issues remain disputed and, if so, proposing a schedule to govern further proceedings. Signed by Judge Beryl A. Howell on April 13, 2023. (lcbah2) (Entered: 04/13/2023) |
| 2023-04-14 | | Set/Reset Deadlines: Joint Status Report due by 5/12/2023. (ztg) (Entered: 04/14/2023) |
| 2023-05-12 | 23 | Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Early, Cormac) (Entered: 05/12/2023) |
| 2023-05-16 | | MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 23 Joint Status Report, the parties to file, by June 12, 2023, another joint status report advising the Court of the status of this matter, whether any disputes remain between the parties and, if so, proposing a schedule to govern further proceedings. Signed by Judge Beryl A. Howell on May 16, 2023. (lcbah2) (Entered: 05/16/2023) |
| 2023-05-16 | | Set/Reset Deadlines: Joint Status Report due by 6/12/2023. (ztg) (Entered: 05/16/2023) |
| 2023-06-12 | 24 | Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Early, Cormac) (Entered: 06/12/2023) |
| 2023-06-14 | | MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 24 Joint Status Report, the parties to file, by July 14, 2023, another joint status report advising the Court of the status of this matter, whether any disputes remain between the parties and, if so, proposing a schedule to govern further proceedings. Signed by Judge Beryl A. Howell on June 14, 2023. (lcbah2) (Entered: 06/14/2023) |
| 2023-06-14 | | Set/Reset Deadlines: Joint Status Report due by 7/14/2023. (ztg) (Entered: 06/14/2023) |
| 2023-07-14 | 25 | Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Early, Cormac) (Entered: 07/14/2023) |
| 2023-07-18 | | MINUTE ORDER (paperless), upon consideration of the parties' 25 Joint Status Report, DIRECTING the parties to file, by July 28, 2023, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule to govern further proceedings. Signed by Judge Beryl A. Howell on July 18, 2023. (lcbah2) (Entered: 07/18/2023) |
| 2023-07-18 | | Set/Reset Deadlines: Joint Status Report due by 7/28/2023. (ztg) (Entered: 07/18/2023) |
| 2023-07-28 | 26 | Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Early, Cormac) (Entered: 07/28/2023) |
| 2023-07-31 | | MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 26 Joint Status Report, the parties to file, November 9, 2023, another joint status report advising the Court of the status of this matter, whether any disputes remain between the parties and, if so, proposing a schedule to govern further proceedings. Signed by Judge Beryl A. Howell on July 31, 2023. (lcbah2) (Entered: 07/31/2023) |
| 2023-08-01 | | Set/Reset Deadlines: Parties Joint Status Report due by 11/9/2023 (mac) (Entered: 08/01/2023) |
| 2023-09-29 | 27 | Partial MOTION for Reconsideration re 20 Order on Motion for Summary Judgment, and for a partial stay of production pending reconsideration by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order (partial stay of production pending reconsideration), # 2 Text of Proposed Order (reconsideration))(Early, Cormac) (Entered: 09/29/2023) |
| 2023-10-03 | | MINUTE ORDER (paperless) upon consideration of defendant's 27 Partial Motion for Reconsideration of the Court's Partial Summary Judgment with Respect to Exemption 3 and for a Partial Stay of Production, STAYING production of records submitted to the Bureau of Justice Statistics ("BJS") between 2010 and the effective date of the Death in Custody Reporting Act of 2013, and any records submitted to BJS by local agencies, and ISSUING the following SCHEDULING ORDER: (1) By October 17, 2023, plaintiff shall file any opposition to defendant's 27 Motion; and (2) By October 24, 2023, defendant shall file any reply. Signed by Judge Beryl A. Howell on October 3, 2023. (lcbah2) (Entered: 10/03/2023) |
| 2023-10-03 | | Set/Reset Deadlines: Plaintiff Opposition To Defendant's 27 Motion due by 10/17/2023. Defendant Reply due by 10/24/2023. (mac) (Entered: 10/03/2023) |
| 2023-10-17 | 28 | NOTICE of Appearance by Stephen Stich Match on behalf of GANNETT SATELLITE INFORMATION NETWORK, LLC (Match, Stephen) (Entered: 10/17/2023) |
| 2023-10-17 | 29 | Memorandum in opposition to re 27 Motion for Reconsideration, filed by GANNETT SATELLITE INFORMATION NETWORK, LLC. (Match, Stephen) (Entered: 10/17/2023) |
| 2023-10-24 | 30 | REPLY to opposition to motion re 27 Partial MOTION for Reconsideration re 20 Order on Motion for Summary Judgment, and for a partial stay of production pending reconsideration filed by U.S. DEPARTMENT OF JUSTICE. (Early, Cormac) (Entered: 10/24/2023) |
| 2023-11-09 | 31 | Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Early, Cormac) (Entered: 11/09/2023) |
| 2023-11-13 | | MINUTE ORDER (paperless) upon consideration of the parties' 31 Joint Status Report, DIRECTING the parties to file, by December 1, 2023, another joint status report advising the Court of the status of this matter, whether any disputes remain between the parties and, if so, proposing a schedule to govern further proceedings. Signed by Judge Beryl A. Howell on November 13, 2023. (lcbah2) (Entered: 11/13/2023) |
| 2023-11-13 | | Set/Reset Deadlines: Parties Joint Status Report due by 12/1/2023 (mac) (Entered: 11/13/2023) |
| 2023-12-01 | 32 | Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Early, Cormac) (Entered: 12/01/2023) |
| 2023-12-01 | | MINUTE ORDER (paperless) upon consideration of the parties' 32 Joint Status Report, DIRECTING the parties to file, by February 7, 2024, another joint status report advising the Court of the status of this matter, whether any disputes remain between the parties and, if so, proposing a schedule to govern further proceedings. Signed by Judge Beryl A. Howell on December 1, 2023. (lcbah2) (Entered: 12/01/2023) |
| 2023-12-04 | | Set/Reset Deadlines: Parties Joint Status Report due by 2/7/2024 (mac) (Entered: 12/04/2023) |
| 2024-02-07 | 33 | Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Early, Cormac) (Entered: 02/07/2024) |
| 2024-02-09 | | MINUTE ORDER (paperless) ISSUING, upon consideration of the parties' 33 Joint Status Report, the following SCHEDULING ORDER: (1) by March 15, 2024, defendant shall file any motion for summary judgment; (2) by April 21, 2024, plaintiff shall file any opposition and cross-motion for summary judgment; (3) by May 28, 2024, defendant shall file any reply and opposition to plaintiff's cross-motion; and (4) by June 18, 2024, plaintiff shall file any reply in support of the cross-motion. Signed by Judge Beryl A. Howell on February 9, 2024. (lcbah2) (Entered: 02/09/2024) |
| 2024-02-12 | | Set/Reset Deadlines: Defendant Motion for Summary Judgment due by 5/28/2024. Plaintiff Opposition And Cross-Motion For Summary Judgment due by 4/21/2024. Defendant Reply And Opposition To Plaintiff's Cross-Motion due by 5/28/2024. Plaintiff Reply In Support Of The Cross-Motion due by 6/18/2024. (mac) (Entered: 02/12/2024) |
| 2024-02-22 | 34 | MINUTE ORDER (paperless) DENYING WITHOUT PREJUDICE defendant's 27 Partial Motion for Reconsideration ("Def.'s Mot.") of this Court's 20 Order denying defendant's 12 Motion for Summary Judgment and granting plaintiff's 13 Cross-Motion for Summary Judgment. Defendant moves for partial reconsideration, under Federal Rule of Civil Procedure 54(b), which allows for reconsideration of interlocutory orders as justice requires, see Capitol Sprinkler Inspection, Inc. v. Guest Servs., Inc. , 630 F.3d 217, 227 (D.C. Cir. 2011), and has been applied when the Court "has patently misunderstood a party, has made a decision outside the adversarial issues presented to the [c]ourt by the parties, has made an error not of reasoning, but of apprehension, or where a controlling or significant change in the law or facts [has occurred] since the submission of the issue to the court," United States ex rel. Morsell v. NortonLifeLock, Inc. , 560 F. Supp. 3d 32, 37 (D.D.C. 2021) (quoting Cobell v. Norton , 224 F.R.D. 266, 277 (D.D.C. 2004)) (alterations in original). None of these circumstances pertains here. To the contrary, "[d]efendant acknowledges that the arguments in this motion were available during the briefing on the parties' cross-motions for partial summary judgment, and Defendant apologizes to the Court and to Plaintiff for not making them more clearly or explicitly at that time." Def.'s Mot. at 11. Indeed, this Court drew the parties' attention to the point of clarification that defendant now seeks to use as a basis for reconsideration, see Memorandum Opinion Regarding Defendant's Motion for Summary Judgment and Plaintiff's Cross-Motion for Summary Judgment at 20 n.3, ECF No. 21, and yet defendant waited six months to seek partial reconsideration. Given this procedural history and the tax on judicial resources that resolution of this partial motion for reconsideration would pose, with additional piecemeal litigation over withholdings anticipated, see parties' Joint Status Report at 1-2, ECF No. 33, defendant's motion is denied without prejudice. The partial stay of records at issue in the partial motion for reconsideration, see Minute Order (Oct. 3, 2023), will remain in place and, in its forthcoming summary judgment motion due on March 15, 2024, see Minute Scheduling Order (Feb. 9, 2024), defendant may advance its arguments for withholding these records, including addressing application of the law of the case doctrine, see Agostini v. Felton , 521 U.S. 203, 236 (1997) (noting that law of the case doctrine, which instructs "a court should not reopen issues decided in earlier stages of the same litigation[,] does not apply if the court is convinced that [its prior decision] is clearly erroneous and would work a manifest injustice.")(internal quotations and citations omitted). Signed by Judge Beryl A. Howell on February 22, 2024. (lcbah2) (Entered: 02/22/2024) |
 Hide Docket Events |
