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Case TitleAssociated Press v. United States Department of Justice et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2006cv01758
Date Filed2006-03-06
Date Closed2007-03-07
JudgeJudge Loretta A. Preska
PlaintiffAssociated Press
Case DescriptionThe Associated Press submitted a FOIA request to the Office of the Pardon Attorney at the Department of Justice for records concerning petitions filed by John Walker Lindh for a pardon. OPA acknowledged receipt of the request and told the AP that it had such a petition from Lindh but would need his consent to disclose it. The AP filed an administrative appeal to the Office of Information Policy, which upheld OPA's denial under Exemption 7(C) (invasion of privacy concerning law enforcement records). The AP then filed suit.
Complaint issues: Litigation - Attorney's fees

DefendantUnited States Department of Justice and its compnent
DefendantOffice of the Pardon Attorney
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2006-03-061COMPLAINT against United States Department of Justice, Office of the Pardon Attorney. (Filing Fee $ 250.00, Receipt Number 571896)Document filed by Associated Press.(jbe, ) Additional attachment(s) added on 3/8/2006 (mbe, ). (Entered: 03/07/2006)
2006-03-06Case Designated ECF. (jbe, ) (Entered: 03/07/2006)
2006-03-06Magistrate Judge James C. Francis IV is so designated. (jbe, ) (Entered: 03/07/2006)
2006-03-06SUMMONS ISSUED as to United States Department of Justice, Office of the Pardon Attorney. (jbe, ) (Entered: 03/07/2006)
2006-03-062RULE 7.1 DISCLOSURE STATEMENT. Document filed by Associated Press.(jbe, ) Additional attachment(s) added on 3/8/2006 (mbe, ). (Entered: 03/07/2006)
2006-03-073AFFIDAVIT OF SERVICE of Summons and Complaint. United States Department of Justice served on 3/7/2006, answer due 5/8/2006. Service was accepted by USAO NYC service clerk. Document filed by Associated Press. (Schulz, David) (Entered: 03/07/2006)
2006-03-074AFFIDAVIT OF SERVICE of Summons and Complaint. Service was made by CERTIFIED MAIL. Document filed by Associated Press. (Schulz, David) (Entered: 03/07/2006)
2006-03-075ACKNOWLEDGMENT OF SERVICE of Summons and Complaint. Office of the Pardon Attorney served on 3/7/2006, answer due 5/8/2006. Service was made by CERTIFIED MAIL. Document filed by Associated Press. (Schulz, David) (Entered: 03/07/2006)
2006-03-216NOTICE OF APPEARANCE by Ross Eric Morrison on behalf of United States Department of Justice (Morrison, Ross) (Entered: 03/21/2006)
2006-03-317ENDORSED LETTER addressed to Judge Loretta A. Preska from Ross E. Morrison dated 3/30/06 re: the government's time to respond to the complaint is extended to 4/27/06. (Signed by Judge P. Kevin Castel, part I on 3/31/06) (db, ) (Entered: 04/03/2006)
2006-03-31Set Answer Due Date purs. to 7 Endorsed Letter as to United States Department of Justice answer due on 4/27/2006; Office of the Pardon Attorney answer due on 4/27/2006. (db, ) (Entered: 04/03/2006)
2006-04-058ORDER ; that a counsel is directed to appear for a conference in Courtroom 12A. on 4/28/06 @8:30 a.m. (Signed by Judge Loretta A. Preska on 4/5/06) (pl, ); (Entered: 04/05/2006)
2006-04-289ENDORSED LETTER addressed to Judge Loretta A. Preska from Ross E. Morrison dated 4/28/2006 re: to counsel for the parties have conferred and jointly request that the Court order a brief schedule as follows: the Government will file its summary judgment motion by May 26,2006; plaintiff will file its opposition papers by June 16, 2006; and the Government will file its reply papers by June 30, 2006. The Governement also requests that its time to respond to the Complaint be extended to May 26, 2006. Plaintiff consents to this request., United States Department of Justice answer due 5/26/2006; Office of the Pardon Attorney answer due 5/26/2006. Motions due by 5/26/2006. Replies due by 6/16/2006. Responses due by 6/30/2006ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 4/27/2006) (jmi, ) (Entered: 04/28/2006)
2006-05-2610MOTION for Summary Judgment. Document filed by United States Department of Justice, Office of the Pardon Attorney. (Morrison, Ross) (Entered: 05/26/2006)
2006-05-2611DECLARATION of Samuel T. Morison in Support re: 10 MOTION for Summary Judgment.. Document filed by United States Department of Justice, Office of the Pardon Attorney. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Morrison, Ross) (Entered: 05/26/2006)
2006-05-2612MEMORANDUM OF LAW in Support re: 10 MOTION for Summary Judgment.. Document filed by United States Department of Justice, Office of the Pardon Attorney. (Morrison, Ross) (Entered: 05/26/2006)
2006-05-2613CERTIFICATE OF SERVICE served on David A. Schulz, Esq. on 5-26-06. Service was made by Federal Express. Document filed by United States Department of Justice, Office of the Pardon Attorney. (Morrison, Ross) (Entered: 05/26/2006)
2006-06-1614RESPONSE in Opposition re: 10 MOTION for Summary Judgment.. Document filed by Associated Press. (Smith, Alia) (Entered: 06/16/2006)
2006-06-1615DECLARATION of Ted Bridis in Opposition re: 10 MOTION for Summary Judgment.. Document filed by Associated Press. (Attachments: # 1 Exhibit A-D# 2 Exhibit E-I# 3 Exhibit J# 4 Exhibit K-Q)(Smith, Alia) (Entered: 06/16/2006)
2006-06-2016MOTION for Ashley I. Kissinger to Appear Pro Hac Vice. Document filed by Associated Press. Proposed Order attached. (db, ) (Entered: 06/20/2006)
2006-06-2917ENDORSED LETTER addressed to Judge Loretta A. preska from Ross E. Morrison dated 6/28/06 re: a request for an extension of time to file reply papers from 6/30/2006 until 7/7/2006. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 6/29/06) (kco, ) (Entered: 06/29/2006)
2006-07-0518ORDER granting 16 Motion for Ashley I. Kissinger to Appear Pro Hac Vice . (Signed by Judge Loretta A. Preska on 7/5/2006) (lb, ) (Entered: 07/06/2006)
2006-07-06Transmission to Attorney Admissions Clerk. Transmitted re: 18 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (lb, ) (Entered: 07/06/2006)
2006-07-0619MOTION for Ashley Kissinger to Appear Pro Hac Vice. Document filed by Associated Press. (dle, ) (Entered: 07/06/2006)
2006-07-0720FIRST REPLY MEMORANDUM OF LAW in Support re: 10 MOTION for Summary Judgment. Defendant's Reply Memorandum of Law In Further Support of Their Motion For Summary Judgement . Document filed by United States Department of Justice. (Morrison, Ross) (Entered: 07/07/2006)
2006-07-0721DECLARATION of Samuel T. Morison in Support re: 10 MOTION for Summary Judgment.. Document filed by United States Department of Justice. (Morrison, Ross) (Entered: 07/07/2006)
2006-07-0722CERTIFICATE OF SERVICE of Reply Memorandum of Law In Further Support of Their Motion For Summary Judgement; Reply Declaration of Samuel T. Morison served on David A Schulz and Ashley I Kissinger on July 10, 2006. Service was made by Federal Express. Document filed by United States Department of Justice. (Morrison, Ross) (Entered: 07/07/2006)
2006-07-1023CERTIFICATE OF SERVICE of reply delcaration and Reply Memorandum of Law served on David A Schulz,Esq and Ashley I. Kissinger, Esq on 07/7/2006. Service was made by Federal Express. Document filed by United States Department of Justice. (Morrison, Ross) (Entered: 07/10/2006)
2006-07-1024ORDER granting 19 Motion for Ashley Kissinger to Appear Pro Hac Vice . (Signed by Judge Loretta A. Preska on 7/10/2006) (jmi, ) (Entered: 07/10/2006)
2006-07-11CASHIERS OFFICE REMARK on 18 Order on Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 07/06/2006, Receipt Number 583908. (jd, ) (Entered: 07/11/2006)
2006-10-0525SCHEDULING ORDER: Oral Argument set for 11/1/2006 10:00 AM before Judge Loretta A. Preska. (Signed by Judge Loretta A. Preska on 10/5/06) (dle, ) (Entered: 10/05/2006)
2006-10-2726ENDORSED LETTER addressed to Judge Loretta A. Preska from Ross E. Morrison dated 10/26/2006 re: requesting that the oral argument on the Government's motion for summary judgment, currently scheduled for 11/1/2006, be rescheduled to 11/6/2006 at 2:30. ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 10/26/2006) (lb, ) (Entered: 10/27/2006)
2006-10-27Set/Reset Hearings: Oral Argument set for 11/6/2006 at 02:30 PM before Judge Loretta A. Preska. (lb, ) (Entered: 10/27/2006)
2006-11-1427ORDER in light of the Court of Appeals' adoption of a "restrained approach" to in camera review, the Government shall promptly take steps to facilitate the Court's review by, for example, 1) submitting a supplemental affidavit foreclosing the possibility that the petition contains information, not subject to an exemption, that, for example, deals with alleged Government misconduct by any agency of the Government that was involved with Lindh or otherwise indicates what the "[G]overnment is up to, "U.S. Dep't of Justice v. Reporters Comm. For Freedom of the Press, 489 U.S. 749, 773 (1989); 2) revising the Vaughn Index; or 3) producing the petition for in camera review. So Ordered. (Signed by Judge Loretta A. Preska on 11/14/06) (jco, ) (Entered: 11/15/2006)
2006-11-2228DECLARATION of Samuel T. Morison in Support re: 10 MOTION for Summary Judgment.. Document filed by United States Department of Justice, Office of the Pardon Attorney. (Morrison, Ross) (Entered: 11/22/2006)
2007-02-0729NOTICE OF CHANGE OF ADDRESS by Alia Lyerly Smith on behalf of Associated Press. New Address: Levine Sullivan Koch & Schulz, L.L.P., 321 West 44th Street, Suite 510, New York, New York, USA 10036, 212-850-6100. (Smith, Alia) (Entered: 02/07/2007)
2007-02-0730NOTICE OF CHANGE OF ADDRESS by David A.. Schulz on behalf of Associated Press. New Address: Levine Sullivan Koch & Schulz, L.L.P., 321 West 44th Street, Suite 510, New York, New York, USA 10036, 212-850-6100. (Schulz, David) (Entered: 02/07/2007)
2007-03-0731ORDER: For the reasons set out above, the Government's motion for summary judgment [dkt. no. 10] is GRANTED. The Clerk of the Court shall mark this action closed and all pending motions denied as moot. (Signed by Judge Loretta A. Preska on 3/7/07) (js) (Entered: 03/08/2007)
2007-04-0432NOTICE OF APPEAL from 31 Order on Motion for Summary Judgment. Document filed by Associated Press. Filing fee $ 455.00, receipt number E 610820. (nd) (Entered: 04/04/2007)
2007-04-04Transmission of Notice of Appeal to the District Judge re: 32 Notice of Appeal. (nd) (Entered: 04/04/2007)
2007-04-04Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 32 Notice of Appeal. (nd) (Entered: 04/04/2007)
2007-04-04Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 2 Rule 7.1 Corporate Disclosure Statement filed by Associated Press, 20 Reply Memorandum of Law in Support of Motion, filed by United States Department of Justice, 30 Notice of Change of Address filed by Associated Press, 6 Notice of Appearance filed by United States Department of Justice, 32 Notice of Appeal filed by Associated Press, 9 Endorsed Letter, Set Deadlines,,,,,, 19 MOTION for Ashley Kissinger to Appear Pro Hac Vice. filed by Associated Press, 8 Order, 1 Complaint filed by Associated Press, 24 Order on Motion to Appear Pro Hac Vice, 17 Endorsed Letter, 4 Affidavit of Service as to USA filed by Associated Press, 27 Order,,, 22 Certificate of Service Other, filed by United States Department of Justice, 21 Declaration in Support of Motion filed by United States Department of Justice, 10 MOTION for Summary Judgment. filed by Office of the Pardon Attorney, United States Department of Justice, 7 Endorsed Letter, 25 Scheduling Order, 5 Acknowledgment of Service as to USA filed by Associated Press, 12 Memorandum of Law in Support of Motion filed by Office of the Pardon Attorney, United States Department of Justice, 11 Declaration in Support of Motion, filed by Office of the Pardon Attorney, United States Department of Justice, 29 Notice of Change of Address filed by Associated Press, 23 Certificate of Service Other, filed by United States Department of Justice, 15 Declaration in Opposition to Motion filed by Associated Press, 26 Endorsed Letter, 28 Declaration in Support of Motion filed by Office of the Pardon Attorney, United States Department of Justice, 16 MOTION for Ashley I. Kissinger to Appear Pro Hac Vice. filed by Associated Press, 3 Affidavit of Service as to USA filed by Associated Press, 14 Response in Opposition to Motion filed by Associated Press, 18 Order on Motion to Appear Pro Hac Vice, 13 Certificate of Service Other filed by Office of the Pardon Attorney, United States Department of Justice, 31 Order on Motion for Summary Judgment, were transmitted to the U.S. Court of Appeals. (nd) (Entered: 04/04/2007)
2009-01-0533DOCUMENT RECALLED BY USCA 2ND CIRCUIT AS PER LETTER DATE 1/16/09 - MANDATE of USCA (Certified Copy) as to 32 Notice of Appeal filed by Associated Press USCA Case Number 07-1384-cv. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED in accordance with the opinion of this court. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 12/30/2008. (nd) Modified on 1/16/2009 (tp). (Entered: 01/05/2009)
2009-01-05Transmission of Notice of Appeal to the District Judge re: 32 Notice of Appeal. (nd) (Entered: 01/05/2009)
2009-01-16LETTER addressed to USDC Appeal Department from Anna Bozyn, Deputy Clerk dated 1/14/09 re: Recalling Mandate issued to USDC-SDNY on 12/30/08 and Docketed 1/5/2009 as Doc. #33. (tp) (Entered: 01/16/2009)
2010-04-1334MANDATE of USCA (Certified Copy) as to 32 Notice of Appeal filed by Associated Press USCA Case Number 07-1384-cv. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED in accordance with the opinion of this court. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 04/12/2010. (nd) (Entered: 04/13/2010)
2010-04-13Transmission of USCA Mandate/Order to the District Judge re: 34 USCA Mandate,. (nd) (Entered: 04/13/2010)
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