Case Detail

FOIA Project Annotation: Judge Amy Berman Jackson has dealt with a number of interesting procedural issuesâ€"from who is responsible for processing requests for records old enough that they should have been transferred to the National Archives, to the need to search for third-party records before claiming they are presumptively exemptâ€"in a case involving records pertaining to former Assistant U.S. Attorney Lesa Gail Bridges Jackson and whether she had been authorized to practice law when she worked in Arkansas. The Justice Department divided Lonnie Parker's request for six categories of records into two partsâ€"requests for records pertaining to personnel matters and law license records, and a request for records pertaining to any disciplinary matters that may have involved Jackson. DOJ found no personnel records and told Parker to contact the National Personnel Records Center, part of the National Archives. NARA provided Parker with three documents, but told him that it did not possess the records because they were never actually accessioned to NARA. Regarding Jackson's disciplinary records, DOJ informed Parker it would neither confirm nor deny the existence of such records. The agency ignored the sixth category of records Parker had requested, which asked for any documentation of remedial measures or additional policies by the U.S. Attorney's Office to prevent future occurrences where an AUSA could be employed notwithstanding the fact that he or she was not authorized to practice law. The agency contended this was too vague to constitute a FOIA request. Jackson started by addressing the adequacy of the agency's search. She noted that "at best, DOJ has told plaintiff that the [personnel] records are 'most likely' in St. Louis at the NPRC and in NARA's custody and control. But NARA states that it never received the rest of the records and points to DOJ's Records Management Office in Maryland. In either event, DOJ retains legal custody over the records." She pointed out that "while it is true that NARA is responsible for processing FOIA requests made at the NPRC under section (b) of [its] regulation, the Court cannot conclude that responding to the FOIA request in this case fell within NARA's purview instead of DOJ's because no one has been able to inform plaintiff or the Court where the records are actually located. And, there does not appear to have been any serious effort made to track them down. Therefore, based on this record, the Court cannot find as a matter of law that the search was adequate." She added that "although NARA is not a party to this lawsuit, it would behoove DOJ to communicate with NARA to ascertain: (1) where the records are located; (2) which agency bears responsibility to search the records in that location; and (3) the status of the accession of the records concerning Ms. Jackson to NARA's permanent collection. If the records have not been transferred to NARA, then DOJ must provide the Court with sufficient grounds to conclude that its search has been adequate." The agency had refused to search for the AUSA's disciplinary records, instead invoking a Glomar response neither confirming nor denying their existence. But Jackson explained that "to show that a Glomar response is appropriate, the agency must explain why it can neither confirm nor deny the existence of responsive records. This inquiry is not based on the actual content of the documents but on whether the potential harm created by revealing the existence of the documents is protected by a FOIA exemption. Thus, the question presented to the Court is would revealing the existence of documents related to a disciplinary intestigation of AUSA Jackson constitute an 'invasion of privacy' under either Exemption 6 or 7(C)." To show that the disciplinary records were compiled for law enforcement purposes, the agency had to show that they dealt with specific alleged illegal acts. Jackson indicated that "here, DOJ has not met its burden of demonstrating that the disciplinary records in question were compiled for law enforcement purposes. The only evidence the agency offers to support their contention otherwise is a single sworn statement that '[a]ll information at issue in this case was compiled for law enforcement purposes.' . . .In order to makes this determination, DOJ must actually provide evidence that the disciplinary investigation focused on illegal activity that could result in civil or criminal sanctions." Jackson added that "it is simply not possible that DOJ knows whether any particular records were or were not compiled for law enforcement purposes without first conducting a search and identifying any responsive records." She concluded that "because DOJ failed to demonstrate that the responsive disciplinary records were compiled for law enforcement purposes, it cannot rely on Exemption 7(C) to sustain its Glomar response." Jackson then turned to Exemption 6. She noted that "here, the Court finds that AUSA Jackson has a valid privacy interest at stake in DOJ's disclosure of disciplinary documents about her. These records, if they exist, would reveal that DOJ took internal disciplinary action as a result of her misconduct, implicating her recognized interest 'in avoiding disclosure of personal matters.'" Parker argued the events underlying any disciplinary action were a matter of public record. He provided two reports from the Arkansas Supreme Court Committee on Professional Conduct detailing Jackson's surrender of her law license and two AP stories reporting the surrender of her law license. But Jackson noted that "although this argument has some force, a person does not lose all of her privacy interests simply because the information has been made public in the past. Thus, while the publicity surrounding the matter may factor into the ultimate balance of the public and private interests, AUSA Jackson has at least some recognizable privacy interest in avoiding the disclosure of the existence of any disciplinary records in her name." Jackson found that "there is a valid public interest in knowing how DOJ handles the investigation of unlicensed attorneys." She observed that "because the Court finds that there is both a real private interest and a valid public interest here, DOJ must weigh the privacy interests in non-disclosure against the public interest in the release of the records. DOJ has not engaged in any balancing of the public and private interests at stake here. Accordingly, the Court will remand the case to the agency to engage in the statutory exercise established under FOIA." Finally, Jackson rejected DOJ's claim that Parker's request for remedial measures taken to ensure such incidents did not happen in the future was too vague. Instead, she noted: "The Court finds this request clear enough to constitute a valid FOIA request. The plaintiff requested information related to DOJ's policies regarding unauthorized practice of law by Assistant U.S. Attorneys, specifically any remedial policies. Further, DOJ's own FOIA regulations prevent it from denying a request simply because it is unclear. Instead, DOJ must inform the requester why the request was unclear and allow the requester to modify their request. DOJ did not comply with this regulation here. DOJ must locate any responsive records to this sixth category of documents and either disclose them or claim an exemption."
Issues: Adequacy - Search, Determination - Glomar response

FOIA Project Annotation: Judge Amy Berman Jackson has ruled that resignation letters pertaining to Assistant U.S. Attorney Lesa Gail Bridges Jackson, who had misrepresented to the Department of Justice that she had a valid state license to practice law, are not protected by Exemption 6 (invasion of privacy) because the public interest in disclosure outweighs Jackson's privacy interest. Because she considered DOJ's previous justification for withholding the records insufficient, Jackson reviewed the documents in camera. She noted that "these documents relate to plaintiff's articulated public interest because they demonstrate how DOJ handled Jackson's salary adjustments immediately after she resigned. This public interest outweighs any privacy interest because information about 'present and past annual salary rates' is already publicly available. . ." Jackson indicated that "although Jackson has some privacy interest in the changed in her employment status, the fact that she resigned is public knowledge, and plaintiff's interest in these documents is focused on how DOJ processed her resignation. The public interest in DOJ's processes outweighs the AUSA's minimal privacy interest in the already disclosed fact that she resigned." The agency argued that the withheld forms contained nothing but biographical information that was properly withheld. But finding the agency had not properly segregated non-exempt information in the forms, Jackson pointed out that "the contested documents contain more than biographical information. They contain information regarding salary adjustments and the agency action to effectuate Jackson's resignation, which the Court has determined must be disclosed."
Issues: Exemption 6 - Invasion of privacy

FOIA Project Annotation: Ruling for the third time in a case involving records pertaining to allegations that a former AUSA was not authorized to practice law at the time she was working with the U.S. Attorney in Arkansas, Judge Amy Berman Jackson has found that EOUSA still had not adequately explained its search for responsive records, but that virtually all the agency's exemption claims were appropriate. Dismissing the description of the search by EOUSA's Personnel Staff, Jackson noted that the affidavit "does not explain why [the two systems searched] were the only ones likely to contain responsive records, nor does it describe the Personnel Staff filing system in general." Jackson found that "Legal Counsel Control Sheets" were protected by Exemption 5 (privileges), but not Exemption 6 (invasion of privacy). She pointed out that "Exemption 6 does not apply to these documents because they are not 'personnel,' 'medical' or 'similar' files. Rather, by defendant's own description, they are Legal Counsel Office communication devices."
Issues: Adequacy - Search, Exemption 5 - Privileges, Exemption 6 - Invasion of privacy

FOIA Project Annotation: Concluding four years of litigation, Judge Amy Berman Jackson has ruled that a single memo found in a file folder of a former AUSA that was labeled with the name of former AUSA Lesa Jackson is responsive to Lonnie Parker's request for records concerning Jackson's unauthorized practice of law, but that almost the entire memo is protected by Exemption 5 (privileges). EOUSA claimed the record was not responsive to Parker's request because it did not mention Jackson or refer to any unauthorized practice of law. After reviewing the memo in camera, Jackson noted that "this document was located in the files of a former U.S. Attorney in a folder labeled with Lesa Jackson's name, and it discusses matters related to potential disciplinary action to be taken against a female AUSA. Moreover, defendant does not deny that the unnamed female AUSA in the record was Lesa Jackson. Thus, it is fair to conclude that this record concerns former AUSA Jackson and that it is therefore responsive to category two of plaintiff's FOIA request, which sought records related to disciplinary matters." But, Jackson pointed out, it was almost entirely protected by Exemption 5. "Document 2 falls within the ambit of all three civil evidentiary privileges: its contents are 'both predecisional and deliberative;' it reflects a confidential attorney-client communication; and it appears to have been 'prepared in the course of an investigation that was undertaken with litigation in mind.' There are small and segregable portions of the record, however, that are not privileged, and so defendant will be ordered to release it [with redactions]."
Issues: Exemption 5 - Privileges, Adequacy - Search

Date Filed	Doc #	Docket Text
2010-12-03	1	COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE ( Filing fee $ 350, receipt number 4616034653) filed by LONNIE J. PARKER. (Attachments: # 1 Civil Cover Sheet)(dr) (Attachment 1 replaced on 12/8/2010) (dr). (Entered: 12/08/2010)
2010-12-03		SUMMONS (3) Issued as to UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (dr) (Entered: 12/08/2010)
2011-03-10	2	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/20/2011. Answer due for ALL FEDERAL DEFENDANTS by 2/19/2011. (Stotter, Daniel) Modified dates on 3/11/2011 (znmw, ). (Entered: 03/10/2011)
2011-03-10	3	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 01/20/11. (Stotter, Daniel) (Entered: 03/10/2011)
2011-03-10	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 1/10/2011 (Stotter, Daniel) Modified date of service on 3/11/2011 (znmw, ). (Entered: 03/10/2011)
2011-03-11		Set/Reset Deadlines: Answer due by 2/19/2011, (znmw, ) (Entered: 03/11/2011)
2011-03-17	5	NOTICE of Appearance by Sean Joseph Vanek on behalf of UNITED STATES DEPARTMENT OF JUSTICE (Vanek, Sean) (Entered: 03/17/2011)
2011-03-17	6	Consent MOTION for Extension of Time to Respond to the Complaint by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Vanek, Sean) (Entered: 03/17/2011)
2011-03-21		MINUTE ORDER granting 6 Consent Motion for Enlargement of Time Nunc Pro Tunc to Respond to Complaint. Accordingly, defendant's answer is due on April 11, 2011. Signed by Judge Henry H. Kennedy, Jr. on March 21, 2011. (NP) (Entered: 03/21/2011)
2011-03-29		Case Randomly Reassigned to U.S. District Judge Amy Berman Jackson. Judge Henry H. Kennedy no longer assigned to the case. (jeb, ) (Entered: 03/29/2011)
2011-04-08	7	MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Text of Proposed Order, # 4 Declaration Boseker)(Vanek, Sean) (Entered: 04/08/2011)
2011-04-25	8	NOTICE of Appearance by Kelly Brian McClanahan on behalf of LONNIE J. PARKER (McClanahan, Kelly) (Main Document 8 replaced on 4/26/2011) (jf, ). (Entered: 04/25/2011)
2011-04-25	9	Consent MOTION for Extension of Time to File Response/Reply as to 7 MOTION for Summary Judgment by LONNIE J. PARKER (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 04/25/2011)
2011-04-26		MINUTE ORDER granting 9 Plaintiff's Consent Nunc Pro Tunc Motion for Enlargement of Time to File his Opposition to Defendant's Motion for Summary Judgment. Accordingly, plaintiff's opposition is due on May 20, 2011; and defendant's reply is due on June 3, 2011. Signed by Judge Henry H. Kennedy, Jr. on April 26, 2011. (NP) (Entered: 04/26/2011)
2011-04-28	10	NOTICE OF WITHDRAWAL OF APPEARANCE as to LONNIE J. PARKER. Attorney Kelly Brian McClanahan terminated. (McClanahan, Kelly) (Entered: 04/28/2011)
2011-05-20	11	Memorandum in opposition to re 7 MOTION for Summary Judgment filed by LONNIE J. PARKER. (Attachments: # 1 Statement of Facts, # 2 Declaration Declaration of Lonnie J. Parker and Exhibits A - F, # 3 Declaration Declaration of Daniel J. Stotter & Exhibit F)(Stotter, Daniel) (Entered: 05/20/2011)
2011-05-20	12	MOTION for Summary Judgment by LONNIE J. PARKER (Attachments: # 1 Memorandum in Support Memorandum In Support of Plainitff's Motion for Summary Judgment, # 2 Statement of Facts, # 3 Declaration Declaration of Lonnie J. Parker & Exhibits A - E, # 4 Declaration Declaration of Daniel J. Stotter & Ex. F, # 5 Text of Proposed Order)(Stotter, Daniel) (Entered: 05/20/2011)
2011-06-01	13	Consent MOTION for Extension of Time to File Response/Reply as to 12 MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Vanek, Sean) (Entered: 06/01/2011)
2011-06-01		MINUTE ORDER granting 13 Consent Motion for Extension of Time to File Response/Reply as to 12 . The reply to the summary judgment motion and opposition to the cross-motion for summary judgment are due 6/16/11. The reply for the cross-motion for summary judgment motion is due 7/12/2011. Signed by Judge Amy Berman Jackson on 6/1/11. (MT) (Entered: 06/01/2011)
2011-06-02		Set/Reset Deadlines: The Reply in support of the Motion for Summary Judgment and Opposition to the Cross Motion for Summary Judgment is due by 6/16/2011. The Reply to Cross Motion for Summary Judgment is due by 7/12/2011. (jth) (Entered: 06/02/2011)
2011-06-16	14	REPLY to opposition to motion re 7 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts)(Vanek, Sean) (Entered: 06/16/2011)
2011-06-16	15	Memorandum in opposition to re 12 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts)(Vanek, Sean) (Entered: 06/16/2011)
2011-07-12	16	REPLY to opposition to motion re 12 MOTION for Summary Judgment filed by LONNIE J. PARKER. (Stotter, Daniel) (Entered: 07/12/2011)
2012-03-29	17	ORDER denying 7 defendant's Motion for Summary Judgment without prejudice; denying 12 plaintiff's Motion for Summary Judgment as moot. The parties are directed to file a joint status report on or before June 1, 2012, advising the Court of the agency's progress addressing the matters on remand, the timetable for the completion of any open items, and whether issues remain that will necessitate another round of dispositive motions. Signed by Judge Amy Berman Jackson on 3/29/2012. (lcabj2) (Entered: 03/29/2012)
2012-03-29	18	MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 3/29/2012. (lcabj2) (Entered: 03/29/2012)
2012-03-30		Set/Reset Deadlines: Joint Status Report due by 6/1/2012. (jth) (Entered: 03/30/2012)
2012-05-31	19	STATUS REPORT by LONNIE J. PARKER, UNITED STATES DEPARTMENT OF JUSTICE. (Vanek, Sean) (Entered: 05/31/2012)
2012-06-04		MINUTE ORDER In light of the status report submitted by the parties, it is ordered that defendant has 60 days to search for and process any responsive records and that defendant must either produce those records or a Vaughn Index identifying the grounds for any withholdings by August 3, 2012. The parties should submit an updated status report by August 15, 2012, advising the Court if there are any outstanding issues, and if so, proposing a briefing schedule for dispositive motions. Signed by Judge Amy Berman Jackson on 6/4/2012. (lcabj2) (Entered: 06/04/2012)
2012-06-05		Set/Reset Deadlines: Status Report due by 8/15/2012. (tb, ) (Entered: 06/05/2012)
2012-08-03	20	Consent MOTION for Extension of Time to Comply with Court Order by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Vanek, Sean) (Entered: 08/03/2012)
2012-08-03		MINUTE ORDER granting 20 Motion for Extension of Time to comply with June 4, 2012 minute order by producing responsive records or Vaughn index identifying claimed exemptions on or before September 4, 2012. Signed by Judge Amy Berman Jackson on 8/3/12. (DMK) (Entered: 08/03/2012)
2012-08-03		Set/Reset Deadlines: Vaughn Index is due by 9/4/2012. (jth) (Entered: 08/03/2012)
2012-09-04	21	Consent MOTION for Extension of Time to Comply With Court Order by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Vanek, Sean) (Entered: 09/04/2012)
2012-09-06		MINUTE ORDER granting 21 Motion for Extension of Time to comply with the 6/4/12 Minute Order. Defendant is ORDERED to comply with the 6/4/12 Minute Order on or before 10/4/12. Signed by Judge Amy Berman Jackson on 9/6/12. (DMK) (Entered: 09/06/2012)
2012-09-07		Set/Reset Deadlines: Defendant must either produce the records or a Vaughn Index identifying the grounds for withholdings by 10/4/2012. (jth) (Entered: 09/07/2012)
2012-10-04	22	MOTION for Extension of Time to Comply with Court Order by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Vanek, Sean) (Entered: 10/04/2012)
2012-10-04		MINUTE ORDER granting 22 Motion for Extension of Time to comply with the June 4, 2012 Minute Order. Defendant is ORDERED to comply with the June 4, 2012 Minute Order on or before November 5, 2012. Signed by Judge Amy Berman Jackson on 10/4/2012. (lcabj2) (Entered: 10/04/2012)
2012-10-04		Set/Reset Deadlines: Defendant is ORDERED to comply with the June 4, 2012 Minute Order on or before November 5, 2012. (kc ) (Entered: 10/04/2012)
2012-11-05	23	NOTICE of Compliance with Court Order by UNITED STATES DEPARTMENT OF JUSTICE re Order,, (Attachments: # 1 Exhibit Vaughn Index, # 2 Exhibit A)(Vanek, Sean) (Entered: 11/05/2012)
2012-11-05		MINUTE ORDER. Pursuant to the Court's June 4, 2012 minute order, defendant has filed a Vaughn index identifying the grounds for its withholdings. The parties shall confer and submit a joint status report indicating whether plaintiff will challenge any of the withholdings and if so, propose a schedule for further briefing. If not, plaintiff shall inform the Court if there are any other reasons why this case should not be dismissed with prejudice. The joint status report and the plaintiff's statement are due by November 30, 2012. Signed by Judge Amy Berman Jackson on 11/5/2012. (lcabj2) (Entered: 11/05/2012)
2012-11-05		Set/Reset Deadlines: Joint Status Report and Plaintiff's Statement are due by 11/30/2012. (jth) (Entered: 11/05/2012)
2012-11-28	24	STATUS REPORT and Proposed Briefing Schedule by LONNIE J. PARKER, UNITED STATES DEPARTMENT OF JUSTICE. (Vanek, Sean) (Entered: 11/28/2012)
2012-11-28	25	SCHEDULING ORDER: Defendant's motion for summary judgment will be due January 10, 2013, plaintiff's combined opposition to defendant's motion for summary judgment and cross-motion for summary judgment will be due February 11, 2013, defendant's combined reply in support of defendant's motion for summary judgment and opposition to plaintiff's motion for summary judgment will be due February 25, 2013, and plaintiff's reply in support of plaintiff's motion for summary judgment will be due March 11, 2013. See order for details. Signed by Judge Amy Berman Jackson on 11/28/12. (DMK) (Entered: 11/28/2012)
2012-11-28		Set/Reset Deadlines: Defendant's Summary Judgment Motion is due by 1/10/2013, Plaintiff's Opposition and Cross Motion is due by 2/11/2013, Defendant's Reply and Opposition to the Cross Motion is due by 2/25/2013, Plaintiff's Reply to the Cross Motion is due by 3/11/2013. (jth) (Entered: 11/28/2012)
2013-01-10	26	Renewed MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Text of Proposed Order, # 4 Declaration Vanek)(Vanek, Sean) . (Entered: 01/10/2013)
2013-02-11	27	MOTION for Summary Judgment by LONNIE J. PARKER (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Second Declaration of Daniel J. Stotter & Exhibits A-D, # 4 Text of Proposed Order)(Stotter, Daniel) (Entered: 02/11/2013)
2013-02-11	28	RESPONSE re 26 Renewed MOTION for Summary Judgment filed by LONNIE J. PARKER. (Attachments: # 1 Statement of Facts, # 2 Declaration Second Declaration Daniel J. Stotter & Exhibits A-D, # 3 Text of Proposed Order)(Stotter, Daniel) (Entered: 02/11/2013)
2013-02-21	29	Consent MOTION for Extension of Time to File Response/Reply as to 27 MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Vanek, Sean) (Entered: 02/21/2013)
2013-02-21		MINUTE ORDER granting 29 Motion for Extension of Time to File Response/Reply. Defendant's Combined Reply in Support of Defendant's Motion forSummary Judgment and Opposition to Plaintiff's Motion for Summary Judgment is due by March 27, 2013. Plaintiff's reply is due by April 15, 2013. Signed by Judge Amy Berman Jackson on 2/21/2013. (lcabj2) (Entered: 02/21/2013)
2013-02-21		Set/Reset Deadlines: Defendant's Combined Reply and Opposition is due by 3/27/2013. Plaintiff's reply in support of their cross-motion is due by 4/15/2013. (jth) (Entered: 02/21/2013)
2013-03-25	30	Consent MOTION for Extension of Time to File Response/Reply as to 27 MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Vanek, Sean) (Entered: 03/25/2013)
2013-03-26		MINUTE ORDER granting 30 Motion for Extension of Time to File Response/Reply. Defendant's Combined Reply in Support of Defendant's Motion for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment is due by April 26, 2013. Plaintiff's reply is due by May 17, 2013. Signed by Judge Amy Berman Jackson on 3/26/2013. (lcabj2) (Entered: 03/26/2013)
2013-03-26		Set/Reset Deadlines: Defendant's Reply in Support of the Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion is due by 4/26/2013. Plaintiff's Reply in support of the Cross-Motion is due by 5/17/2013. (jth) (Entered: 03/26/2013)
2013-04-24	31	Consent MOTION for Extension of Time to File Response/Reply as to 27 MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Vanek, Sean) (Entered: 04/24/2013)
2013-04-25		MINUTE ORDER granting 31 Motion for Extension of Time to File Response/Reply. It is ORDERED that defendant's Combined Reply in Support of Defendant's Motion for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment is due by May 24, 2013. It is FURTHER ORDERED that plaintiff's Reply in support of Plaintiff's Motion for SummaryJudgment is due by June 21, 2013. The Court also notes that given how long the case has been pending and the fact that it was remanded back to the agency in June of 2012, the Court is not likely to be inclined to grant any further extensions. Signed by Judge Amy Berman Jackson on 4/25/2013. (lcabj2) (Entered: 04/25/2013)
2013-04-29		Set/Reset Deadlines: Defendant's Reply in Support of Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment is due by 5/24/2013. Plaintiff's Reply in support of Cross-Motion for Summary Judgment is due by 6/21/2013. (jth) (Entered: 04/29/2013)
2013-05-24	32	Memorandum in opposition to re 27 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Vanek, Sean) (Entered: 05/24/2013)
2013-05-30		NOTICE OF ERROR re 32 Memorandum in Opposition; emailed to sean.vanek@usdoj.gov, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. using the REPLY category (jf, ) (Entered: 05/30/2013)
2013-06-21	33	REPLY to opposition to motion re 27 MOTION for Summary Judgment Plaintiff's Reply In Support of Plaintiff's Renewed Motion For Summary Judgment filed by LONNIE J. PARKER. (Stotter, Daniel) (Entered: 06/21/2013)
2013-09-09		MINUTE ORDER. In order to assist the Court in making a responsible de novo determination, it is ORDERED that defendant shall deliver to chambers for in camera inspection the documents referenced as #47, #48, #50 and #51 in defendant's Vaughn Index, [Dkt. # 23-1], on or before September 12, 2013. See Ray v. Turner, 587 F.2d 1187, 1195 (D.C. Cir. 1978). Signed by Judge Amy Berman Jackson on 9/9/2013. (lcabj2) (Entered: 09/09/2013)
2013-09-10		Set/Reset Deadlines: Defendant's In-Camera Submission due by 9/12/2013. (jth) (Entered: 09/10/2013)
2013-09-17	34	NOTICE OF SUBSTITUTION OF COUNSEL by Michelle Jean Seo on behalf of UNITED STATES DEPARTMENT OF JUSTICE Substituting for attorney Sean Vanek (Seo, Michelle) (Entered: 09/17/2013)
2013-09-17	35	NOTICE of Filing by UNITED STATES DEPARTMENT OF JUSTICE re Order, (Seo, Michelle) (Entered: 09/17/2013)
2013-09-30	36	ORDER denying 26 Defendant's Motion for Summary Judgment without prejudice; denying as moot 27 Plaintiff's Motion for Summary Judgment. The parties are directed to file a joint status report on or before October 21, 2013, confirming that the agency has produced the relevant documents, advising the Court of the agency's progress addressing the matters on remand, the timetable for the completion of any open items, and whether issues remain that will necessitate another round of dispositive motions. See order for details. Signed by Judge Amy Berman Jackson on 9/30/2013. (lcabj1) (Entered: 09/30/2013)
2013-09-30	37	MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 9/30/2013. (lcabj1) (Entered: 09/30/2013)
2013-10-01		Set/Reset Deadlines: The parties Joint Status Report is due by 10/21/2013. (jth) (Entered: 10/01/2013)
2013-10-21	38	Consent MOTION for Extension of Time to File a Joint Status Report by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Seo, Michelle) (Entered: 10/21/2013)
2013-10-21	39	MOTION to Stay re 36 Order on Motion for Summary Judgment,,,,, Disclosures Ordered on September 30, 2013 Until Seventy-Six Days After Date of the Order by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Seo, Michelle) (Entered: 10/21/2013)
2013-10-22		MINUTE ORDER granting 38 Motion for Extension of Time to File a Joint Status Report. It is ORDERED that the parties will submit their Joint Status Report on or before November 12, 2013. Signed by Judge Amy Berman Jackson on 10/22/2013. (lcabj3) (Entered: 10/22/2013)
2013-10-22		MINUTE ORDER granting in part and denying in part 39 Motion to Stay Disclosures Ordered on September 30, 2013 Until Seventy-Six Days After Date of the Order. It is ORDERED that defendant shall make the disclosures required by the Court's September 30, 2013 Order [Dkt. # 36] on or before December 4, 2013. The Court further notes that defendant has not filed a motion to stay pending appeal, and that this Order should not be taken as any indication of how the Court would rule on such a motion. Signed by Judge Amy Berman Jackson on 10/22/2013. (lcabj3) (Entered: 10/22/2013)
2013-10-23		Set/Reset Deadlines: The Joint Status Report is due by 11/12/2013. (jth) (Entered: 10/23/2013)
2013-11-08	40	NOTICE OF SUBSTITUTION OF COUNSEL by Kimberly J. Duplechain on behalf of UNITED STATES DEPARTMENT OF JUSTICE Substituting for attorney Michelle J. Seo (Duplechain, Kimberly) (Entered: 11/08/2013)
2013-11-12	41	STATUS REPORT by Counsel for Lonnie J. Parker and by UNITED STATES DEPARTMENT OF JUSTICE. (Duplechain, Kimberly) (Entered: 11/12/2013)
2013-11-12		MINUTE ORDER. In light of the parties' status report of 11/12/13, it is ORDERED that defendant shall file a supplemental declaration describing its search for additional responsive records and the basis for any withholdings on or before December 12, 2013. Signed by Judge Amy Berman Jackson on 11/12/13. (lcabj3) (Entered: 11/12/2013)
2013-11-13		Set/Reset Deadlines: Defendant's supplemental declaration is due by 12/12/2013. (jth) (Entered: 11/13/2013)
2013-12-04	42	NOTICE OF COMPLIANCE WITH COURT ORDER by UNITED STATES DEPARTMENT OF JUSTICE (Duplechain, Kimberly) (Entered: 12/04/2013)
2013-12-12	43	NOTICE of Compliance with Court Order by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration Boseker Supp. Declaration & Records)(Duplechain, Kimberly) (Entered: 12/12/2013)
2013-12-20		MINUTE ORDER that plaintiff shall advise the Court if any contested issues remain in the case for which further briefing would be required on or before January 10, 2014. Signed by Judge Amy Berman Jackson on 12/20/2013. (lcabj3) (Entered: 12/20/2013)
2013-12-24		Set/Reset Deadlines: Plaintiff to advise the Court if any contested issues remain in this case, for which further briefing would be required, by 1/10/2014. (jth) (Entered: 12/24/2013)
2014-01-10	44	NOTICE PLAINTIFF'S NOTICE OF CONTESTED ISSUES by LONNIE J. PARKER (Stotter, Daniel) (Entered: 01/10/2014)
2014-01-21		MINUTE ORDER. In light of 44 plaintiff's Notice of Contested Issues, it is ORDERED that plaintiff shall submit supplemental briefing to the Court on or before February 11, 2014. Plaintiff is advised that its supplemental brief may only address the adequacy of defendant's searches related to categories 2 and 3 of plaintiff's FOIA request, as the Court has already ruled that defendant's searches were adequate with respect to category 1. It is FURTHER ORDERED that defendant shall respond to plaintiff's supplemental brief on or before February 25, 2014. Signed by Judge Amy Berman Jackson on 1/21/2014. (lcabj3) (Entered: 01/21/2014)
2014-01-23		Set/Reset Deadlines: Plaintiff's Supplemental Brief is due by 2/11/2014. Defendant's Response to Plaintiff's Supplemental Brief is due 2/25/2014. (jth) (Entered: 01/23/2014)
2014-02-11	45	SUPPLEMENTAL MEMORANDUM to PLAINTIFF'S SUPPLEMENTAL BRIEFING ON REMAINING ISSUES FOR SUMMARY JUDGMENT, AND REQUEST FOR FRCP 5G(d) DISCOVERY filed by LONNIE J. PARKER. (Attachments: # 1 Declaration Third Declaration of Daniel Stotter)(Stotter, Daniel) (Entered: 02/11/2014)
2014-02-25	46	SUPPLEMENTAL MEMORANDUM to IN RESPONSE TO PLAINTIFF'S SUPPLEMENTAL BRIEFING ON REMAINING ISSUES FOR SUMMARY JUDGMENT, AND OPPOSITION TO FRCP 56(d) DISCOVERY filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration J. Boseker, # 2 Declaration E. Thomas, # 3 Declaration J. Reimus, # 4 Declaration J. Niemeyer)(Duplechain, Kimberly) (Entered: 02/25/2014)
2014-02-27	47	Unopposed MOTION for Leave to File Sur Reply by LONNIE J. PARKER (Attachments: # 1 Text of Proposed Order)(Stotter, Daniel) (Entered: 02/27/2014)
2014-02-28		MINUTE ORDER granting 47 Plaintiff's Unopposed Motion for Leave to File Sur Reply. It is ORDERED that plaintiff may file a surreply on or before March 14, 2014, as long as plaintiff only addresses matters raised for the first time in the supplemental memorandum and does not re-argue any issues that have been previously addressed. Signed by Judge Amy Berman Jackson on 2/28/2014. (lcabj3) (Entered: 02/28/2014)
2014-02-28		Set/Reset Deadlines: Plaintiff's Surreply is due by 3/14/2014. (jth) (Entered: 02/28/2014)
2014-03-14	48	SURREPLY to Defendant's 46 Response To Plaintiff's Supplmental Briefing filed by LONNIE J. PARKER. (Stotter, Daniel) (Entered: 03/14/2014)
2014-04-09		MINUTE ORDER. In order to assist the Court in making a responsible de novo determination, it is ORDERED that defendant shall deliver to chambers for in camera inspection the documents referenced in paragraphs 15(a), (b), and (c) of the Second Declaration of John F. Boseker [43-1] on or before April 17, 2014. See Ray v. Turner, 587 F.2d 1187, 1195 (D.C. Cir. 1978). Signed by Judge Amy Berman Jackson on 4/9/2014. (lcabj3) (Entered: 04/09/2014)
2014-04-09		Set/Reset Deadline: Defendant's In-Camera Submission is due by 4/17/2014. (jth) (Entered: 04/09/2014)
2014-04-15	49	NOTICE OF SUBSTITUTION OF COUNSEL by Shuchi Batra on behalf of All Defendants Substituting for attorney Kimberly Duplechain (Batra, Shuchi) (Entered: 04/15/2014)
2014-04-17	50	ENTERED IN ERROR.....NOTICE of Compliance with Court Order by UNITED STATES DEPARTMENT OF JUSTICE (Batra, Shuchi) Modified on 4/17/2014 (jf, ). (Entered: 04/17/2014)
2014-04-17	51	NOTICE of Compliance with Court Order by UNITED STATES DEPARTMENT OF JUSTICE (Batra, Shuchi) (Entered: 04/17/2014)
2014-07-21		MINUTE ORDER. It is ORDERED that defendant shall produce the following records for in camera review on or before July 25, 2014: the records referred to in paragraph 6 of the Third Declaration of John F. Boseker [Dkt. # 46-1] (records pertaining to INV-01-06071, LER-99-02724, LER-01-02812, and LER-01-05809); and the records referred to in paragraph 7 of the Third Declaration of John F. Boseker, including the records referenced in paragraphs 7A through 7D. The Court notes that paragraph 7 refers to a twelve-page record, but that the documents described in paragraphs 7A through 7D comprise nine pages, with a six-page attachment. Signed by Judge Amy Berman Jackson on 7/21/2014. (lcabj3) (Entered: 07/21/2014)
2014-07-22		Set/Reset Deadlines: In-Camera Submission due by 7/25/2014. (tb, ) (Entered: 07/22/2014)
2014-07-25	52	NOTICE of Compliance with Court Order by UNITED STATES DEPARTMENT OF JUSTICE re Order,, (Batra, Shuchi) (Entered: 07/25/2014)
2014-08-20		MINUTE ORDER. Upon review of defendant's in camera submission, it appears that defendant has withheld the documents described in paragraph 7(D) of the Third Boseker Declaration based on FOIA Exemptions (b)(5) and (b)(6) and the Privacy Act, and has withheld the largely identical documents described in paragraph 6 of that declaration under FOIA Exemption (b)(5) and the Privacy Act. Defendant is therefore ORDERED to clarify whether it is seeking to involve FOIA Exemption (b)(6) for the documents described in paragraph 6, as well, on or before August 29, 2014. Signed by Judge Amy Berman Jackson on 8/20/2014. (lcabj3) (Entered: 08/20/2014)
2014-08-21		Set/Reset Deadlines: Defendant's clarification is due by 8/29/2014. (jth) (Entered: 08/21/2014)
2014-08-29	53	NOTICE of Compliance with Court Order by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration)(Batra, Shuchi) (Entered: 08/29/2014)
2014-09-23	54	ORDER. For the reasons stated in the accompanying Memorandum Opinion, it is ORDERED that this case is remanded to defendant. Defendant is directed to reconsider the FOIA requests and to release records consistent with the Court's opinion. See order for details. Signed by Judge Amy Berman Jackson on 9/23/2014. (lcabj3) (Entered: 09/23/2014)
2014-09-23	55	MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 9/23/2014. (lcabj3) (Entered: 09/23/2014)
2014-09-24		MINUTE ORDER. It is ORDERED that defendant shall make the disclosures required by 55 the Court's September 23, 2014 Memorandum Opinion on or before October 10, 2014. It is FURTHER ORDERED that the parties shall file a joint status report on or before October 22, 2014, advising the Court of the agency's progress addressing matters on remand with a timetable for the completion of any open items, and advising the Court whether any disputed issues remain, keeping in mind that the last request is not an invitation to revisit issues that have already been ruled upon. Signed by Judge Amy Berman Jackson on 9/24/2014. (lcabj3) (Entered: 09/24/2014)
2014-09-24		Set/Reset Deadlines: Defendant's disclosures pursuant to this Court's Opinion shall be made by 10/10/2014. The Joint Status Report is due by 10/22/2014. (jth) (Entered: 09/24/2014)
2014-10-09	56	MOTION to Stay Disclosures Ordered on September 23, 2014 Until Sixty Days After Date of Order by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Batra, Shuchi) (Entered: 10/09/2014)
2014-10-10	57	NOTICE of Appearance by Eric Joseph Young on behalf of All Defendants (Young, Eric) (Entered: 10/10/2014)
2014-10-10		MINUTE ORDER granting 56 Motion to Stay disclosure of information as required by the order of September 23, 2014. It is ORDERED that defendant shall have until November 24, 2014 to make the required disclosures. It is further ORDERED that defendant shall notify the Court promptly if it makes a decision before November 24, 2014 that it will not seek appeal of the order. Signed by Judge Amy Berman Jackson on 10/10/14. (DMK) (Entered: 10/10/2014)
2014-10-13		Set/Reset Deadlines: Defendant shall now have until 11/24/2014 to make the required disclosures. Defendant shall also notify the Court promptly if it makes a decision before 11/24/2014 that it will not seek appeal of the order. (jth) (Entered: 10/13/2014)
2014-10-21	58	STATUS REPORT with approval of Plaintiff's counsel by UNITED STATES DEPARTMENT OF JUSTICE. (Young, Eric) (Entered: 10/21/2014)
2014-10-22		MINUTE ORDER. In light of the parties' 58 joint status report, the Court advises that its 55 September 23, 2014 Memorandum Opinion ordered defendant to conduct an adequate search and produce responsive records, or submit a supplemental declaration indicating that it had complied with its FOIA duties. So it would certainly be appropriate for defendant to produce records and/or submit a declaration to plaintiff before filing it with the Court to determine whether there are any issues that remain in dispute for the Court to resolve before yet another dispositive motion is filed. If plaintiff is satisfied that the search was adequate and that compliance is complete, the parties could submit a joint pleading resolving the case. But if a dispute remains, the next step would be for defendant to file a renewed motion for summary judgment with the declaration attached. Signed by Judge Amy Berman Jackson on 10/22/2014. (lcabj3) (Entered: 10/22/2014)
2014-11-24	59	STATUS REPORT Joint Status Report by UNITED STATES DEPARTMENT OF JUSTICE. (Young, Eric) (Entered: 11/24/2014)
2014-11-24		MINUTE ORDER. In light of the parties' 59 joint status report, it is ORDERED that the parties shall file a further joint status report on or before January 8, 2015. It is FURTHER ORDERED that if the parties are unable to file a joint status report at that time, each will submit a proposed briefing schedule to the Court on or before January 8, 2015. Signed by Judge Amy Berman Jackson on 11/24/2014. (lcabj3) (Entered: 11/24/2014)
2014-11-24		Set/Reset Deadlines: Joint Status Report or each Parties Proposed Briefing Schedule are due to the Court by 1/8/2015. (jth) (Entered: 11/24/2014)
2015-01-07	60	STATUS REPORT Joint Status Report by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration Boseker Declaration #5)(Young, Eric) (Entered: 01/07/2015)
2015-01-08		MINUTE ORDER. In order to assist the Court in making a responsible de novo determination, defendant is directed to deliver to chambers for in camera inspection the document described as "Document 2" in the Fifth Declaration of John F. Boseker [Dkt. # 60-1] on or before January 16, 2015. See Ray v. Turner, 587 F.2d 1187, 1195 (D.C. Cir. 1978). Signed by Judge Amy Berman Jackson on 1/8/2015. (lcabj3) (Entered: 01/08/2015)
2015-01-08		Set/Reset Deadlines: In-Camera Submission due by 1/16/2015. (tb, ) (Entered: 01/08/2015)
2015-01-09	61	NOTICE Notice of Compliance with Minute Order driecting in-camera review by UNITED STATES DEPARTMENT OF JUSTICE re Order, (Young, Eric) (Entered: 01/09/2015)
2015-01-21	62	ORDER. On March 29, 2012, the Court denied defendant's motion for summary judgment [Dkt. # 7] without prejudice, denied plaintiff's motion for summary judgment [Dkt. # 12] as moot, and remanded this matter to the agency for further proceedings consistent with the Court's opinion. Order [Dkt. # 17], Mar. 29, 2012. For the reasons set forth in the memorandum opinion that accompanies this final order, all of the issues that remained in the case have now been resolved. Therefore, pursuant to the agreement of the parties, see Joint Status Report [Dkt. # 60] 6, Jan. 7, 2015, it is ORDERED that this case is DISMISSED. Signed by Judge Amy Berman Jackson on 1/21/2015. (lcabj3) (Entered: 01/21/2015)
2015-01-21	63	MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 1/21/2015. (lcabj3) (Entered: 01/21/2015)
2015-01-23	64	NOTICE of Compliance with Court Final Order by UNITED STATES DEPARTMENT OF JUSTICE (Young, Eric) (Entered: 01/23/2015)
2015-01-27	65	Unopposed MOTION for Extension of Time to File Motions For Fees and Costs by LONNIE J. PARKER (Attachments: # 1 Text of Proposed Order)(Stotter, Daniel) (Entered: 01/27/2015)
2015-01-27		MINUTE ORDER granting 65 Unopposed Motion for Extension of Time. It is ORDERED that any motion for fees or costs in this case shall be filed on or before March 22, 2015. Signed by Judge Amy Berman Jackson on 1/27/2015. (lcabj3) (Entered: 01/27/2015)
2015-01-27		Set/Reset Deadline: Any Motion for Fees or Costs shall be filed by 3/22/2015. (jth) (Entered: 01/27/2015)
2015-03-10	66	Consent MOTION for Order Pursuant to L.R. 54.2(A), and Incorporated Memorandum of Points and Authorities by LONNIE J. PARKER (Attachments: # 1 Text of Proposed Order)(Stotter, Daniel) (Entered: 03/10/2015)
2015-03-12		MINUTE ORDER granting in part and denying in part the consent motion for an order pursuant to local civil rule 54.2 66 . It is ORDERED that the parties' deadline to resolve the issues related to attorneys fees and costs is extended through and including May 11, 2015. It is FURTHER ORDERED that the parties shall file a joint status report with the Court on May 12, 2015, if the case has not been resolved by that time. Signed by Judge Amy Berman Jackson on 3/12/2015. (lcabj3) (Entered: 03/12/2015)
2015-03-15		Set/Reset Deadlines: If the case has not been resolved by that time, the parties shall file a Joint Status Report with the Court on 5/12/2015. (jth) (Entered: 03/15/2015)
2015-04-17	67	NOTICE of Settlement by UNITED STATES DEPARTMENT OF JUSTICE (Young, Eric) (Entered: 04/17/2015)
2015-04-22	68	STIPULATION of Dismissal Seeking Court ORDER/APPROVAL of Stipulation & Dismissal by UNITED STATES DEPARTMENT OF JUSTICE. (Young, Eric) (Entered: 04/22/2015)
2015-04-23		MINUTE ORDER. In light of the stipulation of dismissal signed by the parties and docketed at 68 , it is ORDERED that this matter is hereby DISMISSED pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Signed by Judge Amy Berman Jackson on 4/23/2015. (lcabj3) (Entered: 04/23/2015)
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