Case Detail

FOIA Project Annotation: Judge Richard Leon has refused to grant Judicial Watch a preliminary injunction requiring that the Departments of Homeland Security, Justice and State search for records responsive to its request concerning the federal prosecution of two border patrol agents for shooting Osbaldo Aldrete-Davila as he tried to enter the country illegally. Davila testified at the agents' trial. After the agencies failed to respond to Judicial Watch's FOIA request within the 20-day time limit, the group filed suit. Justice told Judicial Watch that its records contained third-party personal information and that the organization would need a Privacy Act waiver. State released six records, which it claimed were all the responsive records it had. Judicial Watch then filed for a preliminary injunction to force the agencies to search for records. Leon rejected Judicial Watch's claim that its ability to inform the public would suffer if the injunction was not granted. He noted that "while plaintiff argues, in effect, that any delay is an irreparable harm, there is no indication that our Circuit Court would sanction such a sweeping contention in the context of FOIA litigation. . .[P]laintiff has failed to demonstrate any time sensitive need for this information that will be irreparably lost if disclosure does not occur immediately." Pointing out that any responsive records might well be exempt, Leon indicated that "to compel DOJ to search for those records before [making a decision on exemption claims], in the hope that the search might ultimately be required, strikes this Court as an inappropriate use of its equitable powers." Leon concluded that the public interest would not be served by granting the injunction. He observed that "given the finite resources of these agencies, requiring them to search for documents that may ultimately be found to be protected, or to have already been produced, is clearly contrary to the public's interest." He added that "plaintiff has filed to explain why the public interest can only be served by the immediate release of the records requested. . .[T]he events at issue are already several years old and if the plaintiff prevails in this litigation, the records will ultimately be produced. That the public interest can only be served by the immediate release of these records simply has not been demonstrated."
Issues: Litigation - Jurisdiction - Injunction

FOIA Project Annotation: Judge Richard Leon has ruled that the Justice Department improperly invoked Exemption 6 (invasion of privacy) and Exemption 7 (C) (invasion of privacy concerning law enforcement records) to withhold records concerning the prosecution of two border patrol agents convicted of shooting accused drug-dealer Osbaldo Aldrete-Davila, who testified for the government during the trial. The Executive Office for U.S. Attorneys told Judicial Watch that the records were "clearly exempt" and that, as a result, the agency had not performed a document-by-document search. Rejecting the agency's claims, Leon noted that "where, as here, the requested records could shed light on agency action�"information that falls squarely within [FOIA's] statutory purpose�"an agency must, for each record, conduct a particularized assessment of the public and private interests at stake." Judicial Watch had requested communications between U.S. agencies and the Mexican government; DOJ records coordinating, facilitating, or approving Davila's entry into the U.S.; information concerning grants of immunity to Davila; and records detailing terms and conditions permitting Davila to enter the U.S. Leon pointed out that "these records could well be suffused from top to bottom with information about DOJ's performance of its duties." Leon indicated that the need to show evidence of government wrongdoing did not apply here because Judicial Watch's request would reveal what the government was up to. He observed that "such information, to say the least, goes to the very heart of FOIA's purpose."
Issues: Exemption 7(C) - Invasion of privacy concerning law enforcement records, Exemption 6 - Invasion of privacy

Date Filed	Doc #	Docket Text
2007-03-16	1	COMPLAINT against U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE ( Filing fee $ 350, receipt number 4616002984) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Civil Cover Sheet)(jf, ) (Entered: 03/19/2007)
2007-03-16		SUMMONS (5) Issued as to U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (jf, ) (Entered: 03/19/2007)
2007-03-19	2	STANDING ORDER. Signed by Judge Richard J. Leon on 03/19/2007. (CMcP, ) (Entered: 03/19/2007)
2007-03-19	3	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JUDICIAL WATCH, INC. (Orfanedes, Paul) (Entered: 03/19/2007)
2007-04-13	4	NOTICE of Appearance by Quan K. Luong on behalf of all defendants (Luong, Quan) (Entered: 04/13/2007)
2007-04-19	5	MOTION for Extension of Time to File Answer re 1 Complaint by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Luong, Quan) (Entered: 04/19/2007)
2007-04-23		MINUTE ORDER granting 5 Motion for Extension of Time to Answer. It is hereby ORDERED that defendants have until 5/14/07 to file an Answer. Signed by Judge Richard J. Leon on 4/23/07. (lcrjl2, ) (Entered: 04/23/2007)
2007-04-23		Set/Reset Deadlines: Defendant's Answer due by 5/14/2007. (whb) (Entered: 04/23/2007)
2007-05-14	6	Consent MOTION for Extension of Time to File Answer re 1 Complaint by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Luong, Quan) (Entered: 05/14/2007)
2007-05-21	7	MOTION to Stay re 1 Complaint by U.S. DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Exhibit 1 - Declaration of Nikki Gramian)(Luong, Quan) (Entered: 05/21/2007)
2007-05-21	8	ANSWER to Complaint by U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. Related document: 1 Complaint filed by JUDICIAL WATCH, INC..(Luong, Quan) (Entered: 05/21/2007)
2007-05-24		MINUTE ORDER granting 6 nunc pro tunc Motion for Extension of Time to Answer the Complaint. It is hereby ORDERED that defendant has until 5/21/07 to answer the complaint. Signed by Judge Richard J. Leon on 5/24/07. (lcrjl2, ) (Entered: 05/24/2007)
2007-06-01	9	Unopposed MOTION for Extension of Time to File Opposition to Motion to Stay by JUDICIAL WATCH, INC. (Attachments: # 1 Text of Proposed Order)(Orfanedes, Paul) (Entered: 06/01/2007)
2007-06-04	10	NOTICE of Appearance by Meredith Leigh Di Liberto on behalf of JUDICIAL WATCH, INC. (Di Liberto, Meredith) (Entered: 06/04/2007)
2007-06-06		MINUTE ORDER granting 9 Plaintiff's Motion for Extension of Time to file its opposition to defendant's motion to stay. It is hereby ORDERED that plaintiff has until 6/11/07 to file its opposition. Signed by Judge Richard J. Leon on 6/6/07. (lcrjl2, ) (Entered: 06/06/2007)
2007-06-11	11	Memorandum in opposition to re 7 MOTION to Stay re 1 Complaint filed by JUDICIAL WATCH, INC.. (Orfanedes, Paul) (Entered: 06/11/2007)
2007-06-21	12	Unopposed MOTION for Extension of Time to File Response/Reply as to 7 MOTION to Stay re 1 Complaint by U.S. DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Luong, Quan) (Entered: 06/21/2007)
2007-06-25		MINUTE ORDER granting 12 Defendant's Motion for Extension of Time to File its Reply. It is hereby ORDERED that the Defendant has until 6/26/07 to file its Reply. Signed by Judge Richard J. Leon on 6/25/07. (lcrjl2, ) (Entered: 06/25/2007)
2007-06-25		Set/Reset Deadlines: Defendant reply to motion to stay due by 6/26/2007. (whb) (Entered: 06/25/2007)
2007-06-26	13	REPLY to opposition to motion re 7 MOTION to Stay re 1 Complaint filed by U.S. DEPARTMENT OF HOMELAND SECURITY. (Luong, Quan) (Entered: 06/26/2007)
2007-07-09	14	MOTION for Permanent Injunction by JUDICIAL WATCH, INC. (Attachments: # 1 Affidavit # 2 Text of Proposed Order # 3 )(Orfanedes, Paul) (Entered: 07/09/2007)
2007-07-09	15	MOTION for Leave to File Surreply by JUDICIAL WATCH, INC. (Attachments: # 1 Exhibit 1 for Surreply# 2 Exhibit 2 for Surreply# 3 Text of Proposed Order)(Di Liberto, Meredith) (Entered: 07/09/2007)
2007-07-13		SCHEDULING NOTICE. It is hereby ORDERED that a Preliminary Injunction Hearing is set for 7/23/2007 at 04:00 PM in Courtroom 18 before Judge Richard J. Leon.Signed by Judge Richard J. Leon on 7/13/07. (lcrjl2) (Entered: 07/13/2007)
2007-07-13		Notice of Hearings: Preliminary Injunctin Hearing set for 7/23/2007 04:00 PM in Courtroom 18 before Judge Richard J. Leon. (whb) (Entered: 07/13/2007)
2007-07-19	16	Memorandum in opposition to re 14 MOTION for Permanent Injunction filed by U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Attachments: # 1 Exhibit 1 -- July 16, 2007 FOIA Response)(Luong, Quan) (Entered: 07/19/2007)
2007-07-20	17	Unopposed MOTION for Extension of Time to File Response/Reply as to 15 MOTION for Leave to File Surreply by U.S. DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Luong, Quan) (Entered: 07/20/2007)
2007-07-23		Minute Entry. Proceedings held before Judge Richard J. Leon : Preliminary Injunction held on 7/23/2007, and Taken Under Advisment.Parties may file supplemental brief by 7/27/07. (Court Reporter Patty Gels.) (whb) (Entered: 07/24/2007)
2007-07-25		ENTERED IN ERROR.....MINUTE ORDER granting Unopposed MOTION for Extension of Time to File Response/Reply as to 15 MOTION for Leave to File Surreply. It is hereby ORDERED that defendant shall file its response to plaintiff's Motion for Leave to File a Surreply on or before July 25, 2007. Signed by Judge Richard J. Leon on 7/25/07. (lcrjl2) Modified on 7/26/2007 (jf, ). (Entered: 07/25/2007)
2007-07-25		MINUTE ORDER denying 15 MOTION for Leave to File Surreply. Signed by Judge Richard J. Leon on 7/25/07. (lcrjl2) (Entered: 07/25/2007)
2007-07-26		NOTICE OF CORRECTED DOCKET ENTRY: Order granting Motion for Extension of Time to File Response/Reply, was entered in error and re-filed by Chambers. Counsel was notifed of the corrections.(jf, ) (Entered: 07/26/2007)
2007-07-27	18	SUPPLEMENTAL MEMORANDUM to re 14 MOTION for Permanent Injunction filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit Supplemental Affidavit)(Di Liberto, Meredith) (Entered: 07/27/2007)
2007-09-25	19	MEMORANDUM AND OPINION. Signed by Judge Richard J. Leon on 7/24/07. (whb) (Entered: 09/25/2007)
2007-09-25	20	ORDER, denying plaintiff's motion for preliminary injunction. Signed by Judge Richard J. Leon on 6/25/07. (whb) (Entered: 09/25/2007)
2007-10-05		MINUTE ORDER granting 7 Motion to Stay. Signed by Judge Richard J. Leon on 10/5/07. (lcrjl2, ) (Entered: 10/05/2007)
2007-10-05		MINUTE ORDER. The parties in this case are hereby ORDERED to submit a Joint Meet and Confer Statement and Proposed Scheduling Order pursuant to Local Rule 16.3 within 21 days of the date of this order. Signed by Judge Richard J. Leon on 10/5/07. (lcrjl2, ) (Entered: 10/05/2007)
2007-10-09	21	NOTICE of Subtitution of Counsel by Blanche L. Bruce on behalf of U.S. DEPARTMENT OF HOMELAND SECURITY Substituting for attorney Quan K. Luong (Bruce, Blanche) (Entered: 10/09/2007)
2007-10-26	22	STIPULATION of Dismissal /Joint Stipulation of Partial Dismissal by JUDICIAL WATCH, INC., U.S. DEPARTMENT OF STATE. (Di Liberto, Meredith) (Entered: 10/26/2007)
2007-10-26	23	STATUS REPORT and Briefing Schedule by JUDICIAL WATCH, INC., U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Di Liberto, Meredith) (Entered: 10/26/2007)
2007-10-31		MINUTE ORDER. It is hereby ORDERED that the following briefing schedule will govern the parties' cross-motions for summary judgment: 1) plaintiff's motion for summary judgment is due 11/9/07; 2) defendant's cross-motion for summary judgment and opposition to plaintiff's motion is due 12/14/07; 3) plaintiff's opposition to defendant's cross-motion and reply in support of its motion for summary judgment is due 1/11/08; and 4) defendant's reply in support of its motion for summary judgment is due 1/25/08. Signed by Judge Richard J. Leon on 10/31/07. (lcrjl2, ) (Entered: 10/31/2007)
2007-11-09	24	MOTION for Partial Summary Judgment by JUDICIAL WATCH, INC. (Attachments: # 1 Exhibit 1# 2 Text of Proposed Order)(Di Liberto, Meredith) (Entered: 11/09/2007)
2007-12-14	25	MOTION for Extension of Time to file its cross-motion for summary judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Bruce, Blanche) (Entered: 12/14/2007)
2007-12-19		MINUTE ORDER granting 25 MOTION for Extension of Time to file its cross-motion for summary judgment by U.S. DEPARTMENT OF JUSTICE. It is hereby ORDERED that Defendant U.S. Department of Justice shall have up to and including 2/1/2008 to file its cross-motion for summary judgment or otherwise respond to plaintiff's motion for summary judgment. Signed by Judge Richard J. Leon on 12/19/2007. (lcrjl2, ) (Entered: 12/19/2007)
2007-12-20		Set/Reset Deadlines: Defendant U.S. Department of JusticeCross Motions for summary judgment due by 2/1/2008. (whb) (Entered: 12/20/2007)
2008-02-01	26	MOTION for Extension of Time to File Summary Judgment Motion by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Bruce, Blanche) (Entered: 02/01/2008)
2008-02-04		MINUTE ORDER granting 26 MOTION for Extension of Time to File Summary Judgment Motion by U.S. DEPARTMENT OF JUSTICE. It is hereby ORDERED that defendant has up to and including 2/15/08 to propose a schedule for completing the summary judgment briefing. Signed by Judge Richard J. Leon on 2/4/08. (lcrjl2, ) (Entered: 02/04/2008)
2008-02-15	27	NOTICE of Appearance by Jason B. Aldrich on behalf of JUDICIAL WATCH, INC. (Aldrich, Jason) (Entered: 02/15/2008)
2008-02-15	28	MOTION for Extension of Time to File Summary Judgment Motion by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Bruce, Blanche) (Entered: 02/15/2008)
2008-02-15	29	Memorandum in opposition to re 28 MOTION for Extension of Time to File Summary Judgment Motion filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit)(Orfanedes, Paul) (Entered: 02/15/2008)
2008-02-25		MINUTE ORDER granting 28 MOTION for Extension of Time to File Summary Judgment Motion by U.S. DEPARTMENT OF JUSTICE. It is hereby ORDERED that defendant U.S. Department of Justice has up to and including 3/21/08 to file its cross-motion for summary judgment. Signed by Judge Richard J. Leon on 2/25/08. (lcrjl2, ) (Entered: 02/25/2008)
2008-02-25		Set/Reset Deadlines: Cross Motions for Summary Judgment due by 3/21/2008. (whb) (Entered: 02/25/2008)
2008-03-21	30	Cross MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order, # 2 Declaration Declaration of Karen Finnegan, # 3 Exhibit Exhibit A, # 4 Exhibit Exhibit B, # 5 Exhibit Exhibit C, # 6 Exhibit Exhibit D, # 7 Exhibit Exhibit E, # 8 Exhibit Exhibit G, # 9 Exhibit Exhibit H)(Bruce, Blanche) (Entered: 03/21/2008)
2008-04-03	31	Unopposed MOTION for Extension of Time to File Response/Reply (Opposition to Defendant DOJ's Cross-Motion for Summary Judgment) by JUDICIAL WATCH, INC. (Attachments: # 1 Text of Proposed Order)(Aldrich, Jason) (Entered: 04/03/2008)
2008-04-07		MINUTE ORDER granting nunc pro tunc 31 Unopposed MOTION for Extension of Time to File Response/Reply (Opposition to Defendant DOJ's Cross-Motion for Summary Judgment) by JUDICIAL WATCH, INC. It is hereby ORDERED that plaintiff has up to and including 4/11/2008 to file its opposition to defendant Department of Justices cross-motion for summary judgment. Signed by Judge Richard J. Leon on 4/7/2008. (lcrjl2) (Entered: 04/07/2008)
2008-04-11	32	Memorandum in opposition to re 30 Cross MOTION for Summary Judgment filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Text of Proposed Order Proposed Order)(Aldrich, Jason) (Entered: 04/11/2008)
2008-04-21	33	Memorandum in opposition to re 24 MOTION for Partial Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts Statement of Material Facts in Dispute, # 2 Text of Proposed Order)(Bruce, Blanche) (Entered: 04/21/2008)
2008-04-21	34	REPLY to opposition to motion re 24 MOTION for Partial Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Bruce, Blanche) (Entered: 04/21/2008)
2008-04-21	35	MOTION for Leave to File Opposition to Plaintiff's Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Bruce, Blanche) (Entered: 04/21/2008)
2008-04-28		MINUTE ORDER granting 35 MOTION for Leave to File Opposition to Plaintiff's Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE. Signed by Judge Richard J. Leon on 4/28/2008. (lcrjl2) (Entered: 04/28/2008)
2008-05-01	36	Unopposed MOTION for Extension of Time to File Response/Reply to Defendant's Opposition to Plaintiff's Motion for Partial Summary Judgment by JUDICIAL WATCH, INC. (Attachments: # 1 Text of Proposed Order)(Aldrich, Jason) (Entered: 05/01/2008)
2008-05-02		MINUTE ORDER granting nunc pro tunc 36 Unopposed MOTION for Extension of Time to File Response/Reply to Defendant's Opposition to Plaintiff's Motion for Partial Summary Judgment by JUDICIAL WATCH, INC. It is hereby ORDERED that plaintiff has up to and including 5/9/2008 to file its reply. Signed by Judge Richard J. Leon on 5/2/2008. (lcrjl2) (Entered: 05/02/2008)
2008-05-06		Set/Reset Deadlines: Reply due by 5/9/2008. (mpt, ) (Entered: 05/06/2008)
2008-05-09	37	REPLY to opposition to motion re 24 MOTION for Partial Summary Judgment filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Affidavit (Exhibit 1) Affidavit of Chris topher J. Farrell, # 2 Exhibit 2)(Aldrich, Jason) (Entered: 05/09/2008)
2008-05-12	38	ERRATA by JUDICIAL WATCH, INC. 37 Reply to opposition to Motion filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Affidavit)(Aldrich, Jason) (Entered: 05/12/2008)
2008-05-20	39	Unopposed MOTION for Leave to File Sur-Reply and Memorandum of Points and Authorities by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Bruce, Blanche) (Additional attachment(s) added on 5/21/2008: # 2 Exhibit Surreply) (jf, ). (Entered: 05/20/2008)
2008-05-20	40	ENTERED IN ERROR.....SURREPLY to re 30 Cross MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Bruce, Blanche) Modified on 5/21/2008 (jf, ). (Entered: 05/20/2008)
2008-05-20	41	STIPULATION of Dismissal With Respect to Defendant Dep't of Homeland Security by JUDICIAL WATCH, INC.. (Orfanedes, Paul) (Entered: 05/20/2008)
2008-05-21		NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 40 Surreply was entered in error as a premature filing and added to 39 as an exhibit.(jf, ) (Entered: 05/21/2008)
2008-05-22		MINUTE ORDER granting 39 Unopposed MOTION for Leave to File Sur-Reply and Memorandum of Points and Authorities by U.S. DEPARTMENT OF JUSTICE. Signed by Judge Richard J. Leon on 5/22/2008. (lcrjl2) (Entered: 05/22/2008)
2008-05-22	42	SURREPLY re 30 Cross MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (nmw, ) (Entered: 05/23/2008)
2008-10-10	43	NOTICE OF SUBSTITUTION OF COUNSEL by Rhonda Lisa Campbell on behalf of U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE Substituting for attorney Blanche L. Bruce (Campbell, Rhonda) (Entered: 10/10/2008)
2009-02-26	44	MEMORANDUM OPINION, granting plaintiff's 24 motion for partial summary judgment and denying defendant DOJ's Cross motion 30 for summary judgment. Both parties may re-file summary judgment motions after defendant concludes its review of responsive records. Signed by Judge Richard J. Leon on 2/25/09. (kc) (Entered: 02/26/2009)
2009-02-26	45	ORDER granting plaintiff's Motion 24 for Partial Summary Judgment and denying defendant DOJ's cross - Motion 30 for Summary Judgment. Signed by Judge Richard J. Leon on 2/25/09. (kc) (Entered: 02/26/2009)
2009-03-24	46	MOTION for Order for Date Certain to Search for and Produce Responsive Records and a Vaughn Index by JUDICIAL WATCH, INC. (Attachments: # 1 Text of Proposed Order)(Orfanedes, Paul) (Entered: 03/24/2009)
2009-03-30	47	MOTION Motion for Production Schedule in Compliance with Court's Order re 46 MOTION for Order for Date Certain to Search for and Produce Responsive Records and a Vaughn Index , 45 Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Campbell, Rhonda) (Entered: 03/30/2009)
2009-03-30	48	Memorandum in opposition to re 47 MOTION Motion for Production Schedule in Compliance with Court's Order re 46 MOTION for Order for Date Certain to Search for and Produce Responsive Records and a Vaughn Index , 45 Order on Motion for Partial Summary Judgment, Order on M MOTION Motion for Production Schedule in Compliance with Court's Order re 46 MOTION for Order for Date Certain to Search for and Produce Responsive Records and a Vaughn Index , 45 Order on Motion for Partial Summary Judgment, Order on M filed by JUDICIAL WATCH, INC.. (Orfanedes, Paul) (Entered: 03/30/2009)
2009-03-30	49	REPLY to opposition to motion re 46 MOTION for Order for Date Certain to Search for and Produce Responsive Records and a Vaughn Index filed by JUDICIAL WATCH, INC.. (Orfanedes, Paul) (Entered: 03/30/2009)
2009-04-22		ENTERED IN ERROR. ENTERED IN INCORRECT CASE . . . MINUTE ORDER. The parties are hereby ORDERED to appear for a conference set for 4/22/2009 at 4:00 PM in Courtroom 18 before Judge Richard J. Leon. (lcrjl2) Modified on 4/22/2009 (lcrjl2). (Entered: 04/22/2009)
2009-04-22		NOTICE OF CORRECTED DOCKET ENTRY. The previous docket entry setting a conference for today was entered in incorrect case. Parties are instructed to disregard. (lcrjl2) (Entered: 04/22/2009)
2009-04-22		MINUTE ORDER granting 47 Defendant's Motion for Production Schedule and granting in part and denying in part 46 Plaintiff's Motion for a Date Certain for Defendant to Search for and Produce Responsive Records and a Vaughn Index. It is hereby ORDERED that the Defendant produces a Vaughn index in 120 days and produce responsive documents 60 days after producing the Vaughn index. Signed by Judge Richard J. Leon on 04/22/09. (lcrjl2) (Entered: 04/22/2009)
2009-07-08	50	NOTICE of Change of Address by Jason B. Aldrich (Aldrich, Jason) (Entered: 07/08/2009)
2009-07-08	51	NOTICE of Change of Address by Paul J. Orfanedes (Orfanedes, Paul) (Entered: 07/08/2009)
2009-07-08	52	NOTICE of Change of Address by Meredith Leigh Di Liberto (Di Liberto, Meredith) (Entered: 07/08/2009)
2009-08-24	53	Unopposed MOTION for Extension of Time to provide Vaughn Index by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE (Campbell, Rhonda) (Entered: 08/24/2009)
2009-08-28		MINUTE ORDER granting nunc pro tunc 53 Motion for Extension of Time. It is hereby ORDERED that Defendants Vaughn Index is due August 26, 2009. Signed by Judge Richard J. Leon on 08/28/09. (lcrjl2) (Entered: 08/28/2009)
2009-08-31		Set/Reset Deadlines: Defendants Vauhn Index due by 8/26/2009. (kc) (Entered: 08/31/2009)
2009-10-26	54	Unopposed MOTION for Extension of Time to file Defendants' dispositive motion and provide responsive material, if any, to Plaintiff by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE (Campbell, Rhonda) (Entered: 10/26/2009)
2009-11-04	55	Second MOTION for Summary Judgment Renewed by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE (Attachments: # 1 Exhibit Vaughn Index, # 2 Exhibit Exhibits A-M, # 3 Declaration Karen Finnegan, # 4 Declaration Richard Durbin, # 5 Declaration Denise Swain)(Campbell, Rhonda) (Entered: 11/04/2009)
2009-11-19		MINUTE ORDER granting nunc pro tunc 54 Motion for Extension of Time. Signed by Judge Richard J. Leon on 11/19/09. (lcrjl2) (Entered: 11/19/2009)
2009-11-19	56	First MOTION for Extension of Time to File Response/Reply to Defendant DOJ's Renewed Motion for Summary Judgment by JUDICIAL WATCH, INC. (Attachments: # 1 Text of Proposed Order)(Aldrich, Jason) (Entered: 11/19/2009)
2009-11-23	57	NOTICE /Supplement by JUDICIAL WATCH, INC. re 56 First MOTION for Extension of Time to File Response/Reply to Defendant DOJ's Renewed Motion for Summary Judgment (Aldrich, Jason) (Entered: 11/23/2009)
2009-11-24		MINUTE ORDER granting 56 Motion for Extension of Time to File Response/Reply re 55 Second MOTION for Summary Judgment Renewed . It is hereby ORDERED that the motion is GRANTED. Plaintiff's opposition due by 12/7/2009. Signed by Judge Richard J. Leon on 11/24/09. (lcrjl2) (Entered: 11/24/2009)
2009-11-30		Set/Reset Deadlines: Plaintiff's opposition due by 12/7/2009. (kc) (Entered: 11/30/2009)
2009-12-07	58	Memorandum in opposition to re 55 Second MOTION for Summary Judgment Renewed filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Text of Proposed Order)(Orfanedes, Paul) (Entered: 12/07/2009)
2009-12-07	59	Cross MOTION for Summary Judgment by JUDICIAL WATCH, INC. (Attachments: # 1 Text of Proposed Order)(Orfanedes, Paul) (Entered: 12/07/2009)
2009-12-14	60	Unopposed MOTION for Extension of Time to File Response/Reply as to 59 Cross MOTION for Summary Judgment by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE (Campbell, Rhonda) (Entered: 12/14/2009)
2009-12-15		MINUTE ORDER granting nunc pro tunc 60 Defendants' Unopposed Motion for Enlargement of Time. It is hereby ORDERED that the motion is GRANTED. Defendants shall have until 1/4/10 to provide Plaintiff with responsive material, if any, and to file their dispositive motion. Signed by Judge Richard J. Leon on 12/15/09. (lcrjl2) (Entered: 12/15/2009)
2009-12-15		Set/Reset Deadlines/Hearings: Defendants Dispositive Motions due by 1/4/2010. (kc) (Entered: 12/15/2009)
2010-01-04	61	REPLY to opposition to motion re 59 Cross MOTION for Summary Judgment filed by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Attachments: # 1 Exhibit A)(Campbell, Rhonda) (Entered: 01/04/2010)
2010-01-04	62	Memorandum in opposition to re 59 Cross MOTION for Summary Judgment filed by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Attachments: # 1 Exhibit A)(Campbell, Rhonda) (Entered: 01/04/2010)
2010-01-06	63	NOTICE to the Court by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE re 62 Memorandum in Opposition, 61 Reply to opposition to Motion (Attachments: # 1 Exhibit A)(Campbell, Rhonda) (Entered: 01/06/2010)
2010-01-11	64	REPLY to opposition to motion re 59 Cross MOTION for Summary Judgment filed by JUDICIAL WATCH, INC.. (Orfanedes, Paul) (Entered: 01/11/2010)
2010-06-07	65	NOTICE of Change of Address by Paul J. Orfanedes (Orfanedes, Paul) (Entered: 06/07/2010)
2010-06-07	66	NOTICE of Change of Address by Jason B. Aldrich (Aldrich, Jason) (Entered: 06/07/2010)
2010-08-25	67	NOTICE OF SUBSTITUTION OF COUNSEL by Charlotte A. Abel on behalf of U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE Substituting for attorney Rhonda L. Campbell (Abel, Charlotte) (Entered: 08/25/2010)
2010-09-13	68	MEMORANDUM OPINION. Signed by Judge Richard J. Leon on 9/9/10. (kc ) (Entered: 09/13/2010)
2010-09-13	69	FINAL JUDGMENT, For the reasons set forth in the Memorandum Opinion entered this date, it is this 9th day of September, 2010, hereby ORDERED that defendant's Renewed Motion for Summary Judgment 55 is GRANTED; and it is further ORDERED that plaintiff's Cross-Motion for Partial Summary Judgment 59 is DENIED; and it is further ORDERED thst the above-captioned case be DISMISSED with prejudice. SO ORDERED. Signed by Judge Richard J. Leon on 9/9/10. (see final judgment) (kc ) (Entered: 09/13/2010)
2010-09-24	70	Unopposed MOTION for Extension of Time to File Motion for Attorney's Fees and Costs by JUDICIAL WATCH, INC. (Attachments: # 1 Text of Proposed Order)(Aldrich, Jason) (Entered: 09/24/2010)
2010-09-28		MINUTE ORDER granting 70 Plaintiff's Unopposed Motion for Extension of Time to File Motion for Attorney's Fees and Costs. It is hereby ORDERED that the motion is GRANTED. Plaintiff shall have up to and including October 27, 2010 to file any motion for attorneys fees and costs. Signed by Judge Richard J. Leon on 9/28/10. (lcrjl2) (Entered: 09/28/2010)
2010-10-06		Set/Reset Deadlines: Plaintiff shall have up to and including 10/27/2010 to file any motion for attorneys fees and costs. (jth) (Entered: 10/06/2010)
2010-10-27	71	MOTION for Attorney Fees Plaintiff's Verified Motion for Award of Attorney's Fees and Litigation Expenses by JUDICIAL WATCH, INC. (Attachments: # 1 Exhibit Verified Itemization, # 2 Exhibit Laffey Matrix, # 3 Exhibit Proposed Order)(Aldrich, Jason) (Entered: 10/27/2010)
2010-11-15	72	Consent MOTION for Extension of Time to File Response/Reply as to 71 MOTION for Attorney Fees Plaintiff's Verified Motion for Award of Attorney's Fees and Litigation Expenses by U.S. DEPARTMENT OF JUSTICE (Abel, Charlotte) (Entered: 11/15/2010)
2010-11-18		MINUTE ORDER granting nunc pro tunc 72 Consent Motion for Enlargement of Time. It is hereby ORDERED that the motion is GRANTED. Defendant has up to and including 12/3/10 to file its opposition. Plaintiff has up to and including 12/17/10 to file any reply. Signed by Judge Richard J. Leon on 11/18/10. (lcrjl2) (Entered: 11/18/2010)
2010-12-02	73	Consent MOTION for Extension of Time to File Response/Reply as to 71 MOTION for Attorney Fees Plaintiff's Verified Motion for Award of Attorney's Fees and Litigation Expenses by U.S. DEPARTMENT OF JUSTICE (Abel, Charlotte) (Entered: 12/02/2010)
2010-12-06		Set/Reset Deadlines: defendant has unitl 12/3/2010 to file its opposition. plaintiff has until 12/17/2010 to file any reply. (kc ) (Entered: 12/06/2010)
2010-12-06		MINUTE ORDER granting 73 Consent Motion for Extension of Time. It is hereby ORDERED that the motion is GRANTED. Defendant has up to and including 12/17/10 to respond. It is further ORDERED that plaintiff has up to and including 1/14/11 to reply.Signed by Judge Richard J. Leon on 12/6/10. (lcrjl2) (Entered: 12/06/2010)
2010-12-17	74	Memorandum in opposition to re 71 MOTION for Attorney Fees Plaintiff's Verified Motion for Award of Attorney's Fees and Litigation Expenses filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Abel, Charlotte) (Entered: 12/17/2010)
2011-01-14	75	REPLY to opposition to motion re 71 MOTION for Attorney Fees Plaintiff's Verified Motion for Award of Attorney's Fees and Litigation Expenses filed by JUDICIAL WATCH, INC.. (Aldrich, Jason) (Entered: 01/14/2011)
2011-04-12	76	NOTICE of Appearance by Rhonda Lisa Campbell on behalf of All Defendants (Campbell, Rhonda) (Entered: 04/12/2011)
2011-06-28	77	MEMORANDUM ORDER denying 71 Motion for Attorney Fees. Signed by Judge Richard J. Leon on 6/25/2011. (see memorandum order) (kc) (Entered: 06/28/2011)
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