| Date Filed | Doc # | Docket Text |
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| 2022-11-18 | 1 | COMPLAINT for Declaratory and Injunctive Relief against BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, UNITED STATES DEPARTMENT OF JUSTICE ( Filing fee $ 402 receipt number ADCDC-9684250) filed by KAREN LOWY, DANIEL JAFFE. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons)(Ali, Kathryn) (Attachment 6 replaced on 11/21/2022) (zljn). (Entered: 11/18/2022) |
| 2022-11-18 | 2 | SEALED DOCUMENT filed by DANIEL JAFFE, KAREN LOWY re 1 Complaint, (This document is SEALED and only available to authorized persons.)(Ali, Kathryn) (Entered: 11/18/2022) |
| 2022-11-21 | | Case Assigned to Judge Jia M. Cobb. (zljn) (Entered: 11/21/2022) |
| 2022-11-21 | 3 | SUMMONS (6) Issued Electronically as to BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zljn) (Entered: 11/21/2022) |
| 2022-12-05 | 4 | MOTION for Leave to Appear Pro Hac Vice :Attorney Name- H. Christopher Boehning, Filing fee $ 100, receipt number ADCDC-9714261. Fee Status: Fee Paid. by DANIEL JAFFE, KAREN LOWY. (Attachments: # 1 Declaration of H. Christopher Boehning, # 2 Exhibit A - Certificate of Good Standing, # 3 Text of Proposed Order)(Ali, Kathryn) (Entered: 12/05/2022) |
| 2022-12-05 | 5 | MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jacobus J. Schutte, Filing fee $ 100, receipt number ADCDC-9714264. Fee Status: Fee Paid. by DANIEL JAFFE, KAREN LOWY. (Attachments: # 1 Declaration of Jacobus J. Schutte, # 2 Exhibit A - Certificate of Good Standing, # 3 Text of Proposed Order)(Ali, Kathryn) (Entered: 12/05/2022) |
| 2022-12-05 | 6 | MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Carly M. Lagrotteria, Filing fee $ 100, receipt number ADCDC-9714272. Fee Status: Fee Paid. by DANIEL JAFFE, KAREN LOWY. (Attachments: # 1 Declaration of Carly M. Lagrotteria, # 2 Exhibit A - Certificate of Good Standing, # 3 Text of Proposed Order)(Ali, Kathryn) (Entered: 12/05/2022) |
| 2022-12-05 | 7 | MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jenifer N. Hartley, Filing fee $ 100, receipt number ADCDC-9714275. Fee Status: Fee Paid. by DANIEL JAFFE, KAREN LOWY. (Attachments: # 1 Declaration of Jenifer N. Hartley, # 2 Exhibit A - Certificate of Good Standing, # 3 Text of Proposed Order)(Ali, Kathryn) (Entered: 12/05/2022) |
| 2022-12-05 | 8 | CERTIFICATE OF SERVICE by DANIEL JAFFE, KAREN LOWY re 7 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jenifer N. Hartley, Filing fee $ 100, receipt number ADCDC-9714275. Fee Status: Fee Paid., 4 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- H. Christopher Boehning, Filing fee $ 100, receipt number ADCDC-9714261. Fee Status: Fee Paid., 5 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jacobus J. Schutte, Filing fee $ 100, receipt number ADCDC-9714264. Fee Status: Fee Paid., 6 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Carly M. Lagrotteria, Filing fee $ 100, receipt number ADCDC-9714272. Fee Status: Fee Paid. . (Ali, Kathryn) (Entered: 12/05/2022) |
| 2022-12-07 | | MINUTE ORDER granting 4 Motion for Leave to Appear Pro Hac Vice. Attorney H. Christopher Boehning is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Signed by Judge Jia M. Cobb on December 7, 2022. (lcjmc3) (Entered: 12/07/2022) |
| 2022-12-07 | | MINUTE ORDER granting 5 Motion for Leave to Appear Pro Hac Vice. Attorney Jacobus Johannes Schutte is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Signed by Judge Jia M. Cobb on December 7, 2022. (lcjmc3) (Entered: 12/07/2022) |
| 2022-12-07 | | MINUTE ORDER granting 6 Motion for Leave to Appear Pro Hac Vice. Attorney Carly Madelyn Lagrotteria is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Signed by Judge Jia M. Cobb on December 7, 2022. (lcjmc3) (Entered: 12/07/2022) |
| 2022-12-07 | | MINUTE ORDER granting 7 Motion for Leave to Appear Pro Hac Vice. Attorney Jenifer Nicole Hartley is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Signed by Judge Jia M. Cobb on December 7, 2022. (lcjmc3) (Entered: 12/07/2022) |
| 2022-12-07 | 9 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES served on 12/1/2022, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/28/2022. ( Answer due for ALL FEDERAL DEFENDANTS by 12/28/2022.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/28/2022. (Ali, Kathryn) (Entered: 12/07/2022) |
| 2022-12-07 | 10 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 11/28/2022, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/1/2022. ( Answer due for ALL FEDERAL DEFENDANTS by 12/31/2022.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/1/2022. (Ali, Kathryn) (Entered: 12/07/2022) |
| 2022-12-12 | 11 | NOTICE of Appearance by H. Christopher Boehning on behalf of DANIEL JAFFE, KAREN LOWY (Boehning, H.) (Main Document 11 replaced on 12/12/2022) (zjm). (Entered: 12/12/2022) |
| 2022-12-12 | 12 | NOTICE of Appearance by Jacobus Schutte on behalf of DANIEL JAFFE, KAREN LOWY (Schutte, Jacobus) (Entered: 12/12/2022) |
| 2022-12-12 | 13 | NOTICE of Appearance by Carly Lagrotteria on behalf of DANIEL JAFFE, KAREN LOWY (Lagrotteria, Carly) (Main Document 13 replaced on 12/14/2022) (zed). (Entered: 12/12/2022) |
| 2022-12-12 | 14 | NOTICE of Appearance by Jenifer N. Hartley on behalf of DANIEL JAFFE, KAREN LOWY (Hartley, Jenifer) (Main Document 14 replaced on 12/12/2022) (zjm). (Entered: 12/12/2022) |
| 2022-12-20 | 15 | NOTICE of Appearance by Bradley Silverman on behalf of All Defendants (Silverman, Bradley) (Entered: 12/20/2022) |
| 2022-12-30 | 16 | MOTION for Scheduling Order by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, UNITED STATES DEPARTMENT OF JUSTICE. (Silverman, Bradley) (Entered: 12/30/2022) |
| 2022-12-30 | 17 | ERRATA (Motion for Scheduling Order) by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, UNITED STATES DEPARTMENT OF JUSTICE re 16 Motion for Scheduling Order. (Silverman, Bradley) (Entered: 12/30/2022) |
| 2022-12-30 | 18 | RESPONSE re 16 MOTION for Scheduling Order filed by DANIEL JAFFE, KAREN LOWY. (Ali, Kathryn) (Entered: 12/30/2022) |
| 2023-01-02 | | MINUTE ORDER re 16 Motion for Scheduling Order: Having considered the motion and for good cause shown, the Court GRANTS the motion. Defendants are ORDERED to respond to the Complaint by January 3, 2023. Signed by Judge Jia M. Cobb on January 2, 2023. (lcjmc3) (Entered: 01/02/2023) |
| 2023-01-03 | 19 | MOTION to Dismiss by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, UNITED STATES DEPARTMENT OF JUSTICE. (Silverman, Bradley) (Entered: 01/03/2023) |
| 2023-01-09 | 20 | NOTICE of Appearance by Elizabeth C. Lockwood on behalf of All Plaintiffs (Lockwood, Elizabeth) (Entered: 01/09/2023) |
| 2023-01-17 | 21 | Memorandum in opposition to re 19 Motion to Dismiss filed by DANIEL JAFFE, KAREN LOWY. (Attachments: # 1 Declaration of Kathryn M. Ali, # 2 Exhibit - Attachment 1, # 3 Exhibit - Attachment 2, # 4 Declaration of Elizabeth C. Lockwood, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Declaration of Jenifer N. Hartley, # 9 Text of Proposed Order)(Ali, Kathryn) (Entered: 01/17/2023) |
| 2023-01-24 | 22 | REPLY to opposition to motion re 18 Response to motion filed by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, UNITED STATES DEPARTMENT OF JUSTICE. (Silverman, Bradley) (Entered: 01/24/2023) |
| 2023-02-23 | 23 | NOTICE OF WITHDRAWAL OF APPEARANCE as to DANIEL JAFFE, KAREN LOWY. Attorney Carly Lagrotteria terminated. (Lagrotteria, Carly) (Entered: 02/23/2023) |
| 2023-03-16 | 24 | NOTICE OF RELATED CASE by DANIEL JAFFE, KAREN LOWY. Case related to Case No. 23-cv-00721. (Ali, Kathryn) (Entered: 03/16/2023) |
| 2023-03-27 | | MINUTE ORDER re 19 Motion to Dismiss: Having considered the Motion and the Parties' arguments, the Court DENIES the Motion to Dismiss. Defendants move to dismiss on the grounds that Plaintiffs have failed to state a claim. See Fed. R. Civ. P. 12(b)(6). More specifically, Defendants contend that the underlying FOIA request does not "reasonably describe[]" the requested records. See 5 U.S.C. § 552(a)(3)(A). However, the Court agrees with other courts that have found that 28 C.F.R. § 16.3(b) creates a "duty to confer with a requester where confusion exists as to what types of records or information are sought." Charles v. United States , No. CV 21-1983 (BAH), 2022 WL 951242, at *5. Plaintiffs argue that Defendants made no such effort here. Based on the Complaint, ECF 1, and the documents attached thereto, and construing the allegations and attachments in the light most favorable to Plaintiffs, the record supports Plaintiffs' contention that the agency "made no effort to confer with plaintiff to resolve any issues at any point prior to filing its motion to dismiss, in violation of its duty to confer outlined in its own FOIA regulations." Charles , 2022 WL 951242, at *6. Nor does the Court see a conflict between the procedures that are laid out in 28 C.F.R. § 16.3(b) and the statute. The Court therefore determines that the agency's request for judicial intervention is premature. Defendants should file an Answer to the Complaint by April 10, 2023, per Fed. R. Civ. P. 12(a)(4). Signed by Judge Jia M. Cobb on March 27, 2023. (lcjmc3) (Entered: 03/27/2023) |
| 2023-04-10 | 25 | ANSWER to Complaint by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, UNITED STATES DEPARTMENT OF JUSTICE.(Silverman, Bradley) (Entered: 04/10/2023) |
| 2023-04-11 | 26 | ORDER. Defendants have filed an Answer to the Complaint. Accordingly, the Parties are ORDERED confer and submit by not later than May 16, 2023, a proposed schedule for the processing and release of responsive records and/or a briefing schedule for the filing of dispositive motions to resolve this matter. In the event the Parties cannot agree, separate proposals shall be filed by that date. Signed by Judge Jia M. Cobb on April 11, 2023. (lcjmc3) (Entered: 04/11/2023) |
| 2023-04-13 | 27 | STIPULATION of Dismissal by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, UNITED STATES DEPARTMENT OF JUSTICE. (Silverman, Bradley) (Entered: 04/13/2023) |
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