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Case TitleNORTH v. UNITED STATES DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2008cv01439
Date Filed2008-08-15
Date Closed2013-09-09
JudgeJudge Colleen Kollar-Kotelly
PlaintiffJEFFREY NORTH
Case Description Judge Colleen Kollar-Kotelly has rejected Jeffrey North's second motion to reconsider her previous ruling finding that the DEA had conducted an adequate search for records pertaining to any offers the agency made to Gianpaolo Starita, who testified at North's criminal trial. North contended that Kollar-Kotelly had improperly relied upon searches conducted in 2008 and 2012 as the basis for it conclusion that there were no records related to Starita in the context of North's trial. Instead, North claimed the later searches were contradicted by a 2007 search in which the agency said there were investigative files on North. Kollar-Kotelly disagreed, noting that "the searches the DEA conducted in 2008 and 2012 confirm that the files searched in 2007 do not contain any documents responsive to Plaintiff's 2007 request nor do any other files where responsive documents could reasonably be found." She pointed out that "but the Court did not clearly err in relying on those searches. Although the 2008 and (allegedly) 2012 searches were conducted in response to Plaintiff's 2008 FOIA request, the 2008 request covered the universe of documents responsive to Plaintiff's 2007 FOIA request. Thus, in assessing whether the DEA searched all locations where responsive document would reasonably be found, the Court properly considered the later searches the DEA conducted." North also claimed the DEA had said it was unable to identify Starita by the information provided by North. But Kollar-Kotelly rejected that argument as well. She observed that "even though the DEA did not have enough information to positively identify the Gianpaolo Starita for whom the DEA located files as the Gianpaolo Starita identified by Plaintiff, the DEA's search looked at the files associated with all Gianpaolo Staritas and found that none of them also referenced or otherwise corresponded with Plaintiff."

DefendantUNITED STATES DEPARTMENT OF JUSTICE
DefendantDRUG ENFORCEMENT ADMINISTRATION
DefendantBUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES
DefendantEXECUTIVE OFFICE FOR UNITED STATES ATTORNEY
AppealD.C. Circuit 13-5376
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [47]
Opinion/Order [88]
Opinion/Order [108]
FOIA Project Annotation: Judge Colleen Kollar-Kotelly has ruled that the EOUSA properly searched for records pertaining to the dates on which the grand jury that indicted Jeffrey North convened, deliberated, and ended. Kollar-Kotelly had previously declined to grant summary judgment to the agency based on its search for the grand jury information. But the agency conducted another search supervised by the Assistant U.S. Attorney who prosecuted him in the District of Massachusetts. The new search located 15 documents responsive to North's request consisting of cover sheets and final pages of grand jury testimony that indicated the date on which the testimony was given. No other responsive records were found. The AUSA told Kollar-Kotelly that "he searched all the files pertaining to North that were maintained either by personnel who were involved in North's criminal case or by Maryellen Barrett, the Grand Jury Coordinator. [The AUSA] further explains that these are all the records within the U.S. Attorney's Office for the District of Massachusetts that are likely to contain records responsive to North's request." North argued that the search was inadequate because it did not find any information about extensions of the grand jury or whether the grand jury was convened pursuant to Rule 6 of the Federal Rules of Criminal Procedure. Kollar-Kotelly noted that "there is nothing in [the AUSA's] affidavit that suggests [he] limited his search to only some of the documents requested by North." She pointed out that "the fact that the search did not turn up any documents relating to the extension of the grand jury term or the legal basis for convening the grand jury does not mean that the agency's search was inadequate."
Issues: Adequacy - Search
Opinion/Order [117]
FOIA Project Annotation: Judge Colleen Kollar-Kotelly rejected Jeffrey North's second motion to reconsider her previous ruling finding that the DEA had conducted an adequate search for records pertaining to any offers the agency made to Gianpaolo Starita, who testified at North's criminal trial. North contended that Kollar-Kotelly had improperly relied upon searches conducted in 2008 and 2012 as the basis for it conclusion that there were no records related to Starita in the context of North's trial. Instead, North claimed the later searches were contradicted by a 2007 search in which the agency said there were investigative files on North. Kollar-Kotelly disagreed, noting that "the searches the DEA conducted in 2008 and 2012 confirm that the files searched in 2007 do not contain any documents responsive to Plaintiff's 2007 request nor do any other files where responsive documents could reasonably be found." She pointed out that "but the Court did not clearly err in relying on those searches. Although the 2008 and (allegedly) 2012 searches were conducted in response to Plaintiff's 2008 FOIA request, the 2008 request covered the universe of documents responsive to Plaintiff's 2007 FOIA request. Thus, in assessing whether the DEA searched all locations where responsive document would reasonably be found, the Court properly considered the later searches the DEA conducted." North also claimed the DEA had said it was unable to identify Starita by the information provided by North. But Kollar-Kotelly rejected that argument as well. She observed that "even though the DEA did not have enough information to positively identify the Gianpaolo Starita for whom the DEA located files as the Gianpaolo Starita identified by Plaintiff, the DEA's search looked at the files associated with all Gianpaolo Staritas and found that none of them also referenced or otherwise corresponded with Plaintiff."
Issues: Adequacy - Search
Opinion/Order [147]
FOIA Project Annotation: Judge Colleen Kollar-Kotelly has ruled the DEA must disclose the identity of a DEA informant who was publicly acknowledged during his testimony at Jeffrey North's trial as well as any information the informant revealed at trial. The agency originally told North it would neither confirm nor deny the existence of records on Gianpaolo Starita. Kollar-Kotelly originally ruled in favor of the agency, but vacated that judgment based on North's motion for reconsideration. She told the agency to respond to trial transcripts furnished by North indicating that Starita had been publicly acknowledged as an informant. The agency relied on Moore v. CIA, 666 F.3d 1330 (D.C. Cir. 2011), in which the D.C. Circuit concluded that an FBI reference to a CIA document did not constitute an official confirmation that it had records on a third party. Indicating that the agency's reliance on Moore was "misplaced," Kollar-Kotelly criticized the agency's behavior, noting that "the Moore case did not address any issues remotely relevant to the DEA's arguments, and therefore cannot be considered new legal authority requiring reconsideration of the Court's prior Order. The Court is perplexed as to why the DEA requested multiple extensions of time and ultimately took over three months to file a renewed summary judgment motion when the DEA did not perform any additional searches and cites absolutely no legal authority in support of its [claims]. . .To the contrary, several [decisions] in this Circuit clearly demonstrate the DEA's arguments are incorrect." She observed that "the only evidence before the Court is the un-rebutted evidence submitted by the Plaintiff indicating the DEA publicly acknowledged Starita as an informant during Plaintiff's criminal trial. . .Plaintiff satisfied his burden of production on this issue, with no substantive argument or evidence to the contrary from the DEA." She added that "the DEA must confirm whether or not responsive documents exist, and then either release the documents or establish the contents of the documents are exempt from disclosure. The DEA is further advised that the DEA is obligated to disclose any information previously disclosed by Starita and other witnesses, as indicated in the transcripts submitted by the Plaintiff, despite the fact certain FOIA exemptions might otherwise protect disclosure of certain documents."
Issues: Exclusions - Disclosure of informant records requested by third party
Opinion/Order [173]
FOIA Project Annotation: After previously finding that the DEA improperly invoked a Glomar response neither confirming nor denying the existence of records on an alleged DEA informant who testified at Jeffrey North's trial, Judge Colleen Kollar-Kotelly has resolved the issue by finding that the agency conducted an adequate search for records of any contact with the informant in regard to North. Kollar-Kotelly noted that the agency's affidavit "explained [that the informant's] statements, if they existed, would appear in relevant investigative files and [the informant's] confidential source file. All investigative files are maintained in the [Investigative Reporting and Filing System] and indexed by [the Narcotics and Dangerous Drugs Information System]. The DEA searched NADDIS for the Plaintiff's name and [the informant's] name. None of the investigative files located during these searches indicated the Plaintiff and [the informant] were criminal associates. The affiant personally reviewed [the informant's] confidential source file, and did not locate any responsive documents. The DEA's search was reasonably calculated to uncover all relevant documents, thus satisfying the agency's obligations under the Freedom of Information Act."
Issues: Adequacy - Search
Opinion/Order [181]
FOIA Project Annotation: Judge Colleen Kollary-Kotelly has ruled that Jeffrey North has not provided new evidence that would cause her to reconsider her previous finding that the DEA did not have any records connecting publicly-identified informant Gianpaolo Starita to North. While the agency had originally issued a Glomar response neither confirming nor denying the existence of any records pertaining to Starita, Kollar-Kotelly had agreed with North that the agency had confirmed Starita's status as an informant by his testimony at North's trial. But after Kollar-Kotelly ordered the agency to conduct a search, it indicated that it found no records. North argued on reconsideration that the agency had told Kollar-Kotelly after the fact that its original position claiming exemptions was incorrect and that the agency instead had no records. Kollar-Kotelly noted that "like the plaintiff, the Court recognized that the DEA's [second motion] had been hastily assembled and largely cut and pasted from its prior renewed motion for summary judgment without taking care to adapt the pleading to the Court's rejection of the DEA's Glomar response. From the Court's perspective the Third Declaration was the key document to rely on because it represented the actual agency position, sworn under oath by the individual who was involved in the search. Thus, the Court sought clarification of the discrepancy between the 'no records' assertion in the Third Declaration and the agency's continued discussion of FOIA exemptions in its pleadings in order to confirm the Court's understanding that discussion of the FOIA exemptions was a mistake and that the Third Declaration was indeed the agency position." Kollar-Kotelly indicated North was aware of the discrepancy and had been able to address it. North also claimed the agency had failed to use a court transcript he had provided to show that the agency had records on Starita. She observed that "the adequacy of the DEA's search is not dependent on a search of the transcripts or a search for information matching the transcripts; the transcripts are only relevant to the second order question of whether the DEA has the right to withhold any information it found that was responsive to the Plaintiff's request. As the DEA found no documents responsive to the Plaintiff's request, the transcripts became irrelevant."
Issues: Adequacy - Search
Opinion/Order [190]
FOIA Project Annotation: Judge Colleen Kollar-Kotelly has rejected Jeffrey North's second motion to reconsider her previous ruling finding that the DEA had conducted an adequate search for records pertaining to any offers the agency made to Gianpaolo Starita, who testified at North's criminal trial. North contended that Kollar-Kotelly had improperly relied upon searches conducted in 2008 and 2012 as the basis for it conclusion that there were no records related to Starita in the context of North's trial. Instead, North claimed the later searches were contradicted by a 2007 search in which the agency said there were investigative files on North. Kollar-Kotelly disagreed, noting that "the searches the DEA conducted in 2008 and 2012 confirm that the files searched in 2007 do not contain any documents responsive to Plaintiff's 2007 request nor do any other files where responsive documents could reasonably be found." She pointed out that "but the Court did not clearly err in relying on those searches. Although the 2008 and (allegedly) 2012 searches were conducted in response to Plaintiff's 2008 FOIA request, the 2008 request covered the universe of documents responsive to Plaintiff's 2007 FOIA request. Thus, in assessing whether the DEA searched all locations where responsive document would reasonably be found, the Court properly considered the later searches the DEA conducted." North also claimed the DEA had said it was unable to identify Starita by the information provided by North. But Kollar-Kotelly rejected that argument as well. She observed that "even though the DEA did not have enough information to positively identify the Gianpaolo Starita for whom the DEA located files as the Gianpaolo Starita identified by Plaintiff, the DEA's search looked at the files associated with all Gianpaolo Staritas and found that none of them also referenced or otherwise corresponded with Plaintiff."
Issues: Adequacy - Search
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2008-08-151COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE ( Filing fee $ 350, receipt number 4616014479) filed by JEFFREY NORTH. (Attachments: # 1 Civil Cover Sheet)(td, ) (Entered: 08/20/2008)
2008-08-15SUMMONS (3) Issued as to UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (td, ) (Entered: 08/20/2008)
2008-09-042ORDER Establishing Procedures for Electronic Filing for Cases Assigned to Judge Colleen Kollar-Kotelly on September 4, 2008. (SM) (Entered: 09/04/2008)
2008-09-123AMENDED COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE filed by JEFFREY NORTH.(td, ) (Entered: 09/15/2008)
2008-09-304NOTICE of Appearance by Diane M. Sullivan on behalf of UNITED STATES DEPARTMENT OF JUSTICE (Sullivan, Diane) (Entered: 09/30/2008)
2008-10-035RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on Attorney General. Date of Service Upon Attorney General 9/12/08., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the US Attorney. UNITED STATES DEPARTMENT OF JUSTICE served on 9/12/2008, answer due 11/12/2008. (td, ) (Entered: 10/06/2008)
2008-10-146MOTION for Extension of Time to file an answer or otherwise respond to the complaint by UNITED STATES DEPARTMENT OF JUSTICE (Sullivan, Diane) (Entered: 10/14/2008)
2008-10-21MINUTE ORDER (paperless) granting Defendant's 6 Motion for an Enlargement of Time to file a response to Plaintiff's Amended Complaint. Accordingly, Defendant shall file a response to Plaintiff's Amended Complaint on or before November 15, 2008. Signed by Judge Colleen Kollar-Kotelly on October 21, 2008. (lcckk1) (Entered: 10/21/2008)
2008-10-22Set/Reset Deadlines: Answer/Response to Amended Complaint due by 11/15/2008, (gdf) (Entered: 10/22/2008)
2008-11-127MOTION for Extension of Time to file dispositive motions by UNITED STATES DEPARTMENT OF JUSTICE (Sullivan, Diane) (Entered: 11/12/2008)
2008-11-148MOTION for Summary Judgment (Bureau of Alcohol, Tobacco, Firearms, and Explosives) by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES (Attachments: # 1 Affidavit Declaration of Averill P. Graham, # 2 Text of Proposed Order)(Sullivan, Diane) Modified filer on 3/10/2009 (nmw, ). (Entered: 11/14/2008)
2008-11-14MINUTE ORDER granting 7 Defendants Motion for an Enlargement of Time to file dispositive motions, until and including December 4, 2008. Signed by Judge Colleen Kollar-Kotelly on November 14, 2008. (SM) (Entered: 11/14/2008)
2008-11-179ORDER. On November 14, 2008, Defendant filed a Motion for Summary Judgment in this case. Plaintiff is representing himself, pro se. The Court advises Plaintiff that he must respond to Defendant's Motion by December 5, 2008. If Plaintiff does not respond, the Court shall consider the Motion for Summary Judgment conceded. The Clerk of the Court shall mail a copy of this Order to Plaintiff at the address reflected on the docket. Signed by Judge Colleen Kollar-Kotelly on November 17, 2008. (lcckk1) (Entered: 11/17/2008)
2008-11-1710MOTION for Summary Judgment by JEFFREY NORTH (Attachments: # 1 Addendum)(td, ) (Entered: 11/18/2008)
2008-11-17Set/Reset Deadlines: Plaintiff's Response to Motion for Summary Judgment due by 12/5/2008. (dot, ) (Entered: 11/19/2008)
2008-11-2611MOTION for Extension of Time to file a dispositive motion by UNITED STATES DEPARTMENT OF JUSTICE (Sullivan, Diane) (Entered: 11/26/2008)
2008-11-26MINUTE ORDER (paperless) granting Defendants' 11 Motion for Extension of Time to file a dispositive motion. Accordingly, Defendants shall file a dispositive motion on or before December 12, 2008. Signed by Judge Colleen Kollar-Kotelly on November 26, 2008. (lcckk1) (Entered: 11/26/2008)
2008-12-0512RESPONSE re 8 MOTION for Summary Judgment (Bureau of Alcohol, Tobacco, Firearms, and Explosives) filed by JEFFREY NORTH. (td, ) (Entered: 12/08/2008)
2008-12-1013MOTION for Extension of Time to File Response/Reply as to 8 MOTION for Summary Judgment (Bureau of Alcohol, Tobacco, Firearms, and Explosives) by UNITED STATES DEPARTMENT OF JUSTICE (Sullivan, Diane) (Entered: 12/10/2008)
2008-12-1014MOTION for Leave to File Accompanying Extension of Time by UNITED STATES DEPARTMENT OF JUSTICE (Sullivan, Diane) (Entered: 12/10/2008)
2008-12-1015MOTION for Extension of Time to File Response/Reply as to 10 MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Sullivan, Diane) (Entered: 12/10/2008)
2008-12-1116MOTION for Extension of Time to File a Dispositive Motion by UNITED STATES DEPARTMENT OF JUSTICE (Sullivan, Diane) (Entered: 12/11/2008)
2008-12-1217MOTION for Summary Judgment by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (Attachments: # 1 Affidavit Declaration of David Luczynski, # 2 Text of Proposed Order)(Sullivan, Diane) Modified on 3/10/2009 (nmw, ). (Entered: 12/12/2008)
2008-12-12MINUTE ORDER granting 13 Motion for Enlargement of Time to Reply to Plaintiff's Opposition to Defendant Bureau of Alcohol, Tobacco, Firearms and Explosives' Motion for Summary Judgment, whereby Defendant shall have until and including January 9, 2009 to file its reply to Plaintiff's opposition; granting 14 Motion for Leave to File response to Plaintiff's motion for summary judgment; and granting 15 Motion for Extension of Time to File Response to Plaintiff's motion for summary judgment, whereby Defendants shall have until and including January 16, 2009, to file its response to Plaintiff's motion. Signed by Judge Colleen Kollar-Kotelly on December 12, 2008. (SM, ) (Entered: 12/12/2008)
2008-12-15MINUTE ORDER (paperless) granting nunc pro tunc Defendants' 16 Motion for Extension of Time for Defendant Drug Enforcement Administration to file a dispositive motion. Accordingly, Defendant Drug Enforcement Administration's dispositive motion is due on or before December 17, 2008. Signed by Judge Colleen Kollar-Kotelly on December 15, 2008. (lcckk1) (Entered: 12/15/2008)
2008-12-1618ORDER. On December 12, 2008, Defendant United States Department of Justice filed a Motion for Summary Judgment in this case. Plaintiff is representing himself, pro se. The Court advises Plaintiff that he must respond to Defendant's Motion by January 5, 2009. If Plaintiff does not respond, the Court shall consider the Motion for Summary Judgment conceded. Signed by Judge Colleen Kollar-Kotelly on December 16, 2008. (lcckk1) (Entered: 12/16/2008)
2008-12-16Set/Reset Deadlines: Plaintiff's Response to Motion for Summary Judgment due by 1/5/2009. (dot, ) (Entered: 12/24/2008)
2008-12-1719MOTION for Summary Judgment by DRUG ENFORCEMENT ADMINISTRATION (Attachments: # 1 Declaration Declaration of William Little and Exhibits A through U)(Kim, Yule) Modified filer on 3/10/2009 (nmw, ). (Entered: 12/17/2008)
2008-12-1820NOTICE of transition by JEFFREY NORTH (td, ) (Entered: 12/22/2008)
2009-01-0521REPLY to opposition to motion re 8 MOTION for Summary Judgment (Bureau of Alcohol, Tobacco, Firearms, and Explosives) filed by UNITED STATES DEPARTMENT OF JUSTICE. (Kim, Yule) (Entered: 01/05/2009)
2009-01-1422Memorandum in opposition to re 10 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Kim, Yule) (Entered: 01/14/2009)
2009-01-1423MOTION for Extension of Time to respond to the motions by the DEA and EOUSA for summary judgment by JEFFREY NORTH (td, ) (Entered: 01/16/2009)
2009-01-21MINUTE ORDER (paperless) granting Plaintiff's 23 Motion for leave to file Oppositions to Defendants' Motions for Summary Judgment out of time because Plaintiff, a pro se prisoner, was recently transferred to a different facility and did not receive the motions pending against him until after the deadline for filing oppositions had passed. Plaintiff also filed a notice with the Court indicating that he was scheduled for this transfer and suggesting that his legal mail might be subject to delay. See 12/19/08 Notice, Docket No. 20 . Accordingly, Plaintiff shall file on or before March 5, 2009, an Opposition to the Executive Office of United States Attorneys's Motion for Summary Judgment and the Drug Enforcement Agency's Motion for Summary Judgment. Defendants' Replies, if any, shall be filed on or before March 19, 2009. Signed by Judge Colleen Kollar-Kotelly on January 21, 2009. (lcckk1) (Entered: 01/21/2009)
2009-01-2824NOTICE of Change of Address by JEFFREY NORTH (td, ) (Entered: 02/02/2009)
2009-02-0225NOTICE by JEFFREY NORTH (td, ) (Entered: 02/03/2009)
2009-02-1126MOTION for Extension of Time to respond to the defendant's opposition to plaintiff's motion for summary judgment by JEFFREY NORTH (td, ) (Entered: 02/11/2009)
2009-02-12MINUTE ORDER granting 26 Plaintiff's Motion for an Extension of Time to Respond to the Defendant's Opposition to Plaintiff's Motion for Summary Judgment. Accordingly, Plaintiff shall have until and including April 2, 2009, to file his response to Defendant's Opposition to Plaintiff's Motion for Summary Judgment. Signed by Judge Colleen Kollar-Kotelly on February 12, 2009. (SM) (Entered: 02/12/2009)
2009-02-12Set/Reset Deadlines: Response to Motion for Summary Judgment due by 4/2/2009. (dot, ) (Entered: 02/18/2009)
2009-02-2327MOTION for Extension of Time to respond to the Drug Enforcement Administration's motion for summary judgment by JEFFREY NORTH (td, ) (Entered: 02/25/2009)
2009-02-25MINUTE ORDER granting, unopposed, 27 Plaintiff's Motion for Extension of Time to respond to the Drug Enforcement Administration's Motion for Summary Judgment. Accordingly, Plaintiff shall have until and including March 20, 2009, to respond to the Drug Enforcement Administration's Motion for Summary Judgment. Signed by Judge Colleen Kollar-Kotelly on February 25, 2009. (SM) (Entered: 02/25/2009)
2009-02-2528MOTION for Additional Extension of Time to File Response/Reply as to 8 MOTION for Summary Judgment (Bureau of Alcohol, Tobacco, Firearms, and Explosives) by JEFFREY NORTH (tr) (Entered: 02/27/2009)
2009-02-25Set/Reset Deadlines: Response due by 3/20/2009. (dot, ) (Entered: 03/11/2009)
2009-03-03MINUTE ORDER granting (fourth) Plaintiff's Motion for Extension of Time to File Response to Defendant's Motion for Summary Judgment 28 . Accordingly, Plaintiff shall have until and including March 24, 2009, to file his response. Signed by Judge Colleen Kollar-Kotelly on March 3, 2009. (SM) (Entered: 03/03/2009)
2009-03-0529RESPONSE in opposition re 17 to Executive Office for United States Attorneys motion for summary judgment in regard to the Decologero subpoena filed by JEFFREY NORTH. (td, ) Modified on 3/10/2009 (nmw, ). (Entered: 03/09/2009)
2009-03-0530RESPONSE in opposition re 17 to the Executive Office of United States Attorneys' motion for summary judgment in regard to the North Grand Jury Material filed by JEFFREY NORTH. (td, ) Modified on 3/10/2009 (nmw, ). (Entered: 03/09/2009)
2009-03-0531AFFIDAVIT re 19 with statement of material facts for which there is a genuine issue for trial in response to the Drug Enforcement Administration's motion for summary judgment by JEFFREY NORTH. (Attachments: # 1 Exhibit)(td, ) Modified on 3/10/2009 (nmw, ). (Entered: 03/09/2009)
2009-03-11Set/Reset Deadlines: Response to Motion for Summary Judgment due by 3/24/2009. (dot, ) (Entered: 03/11/2009)
2009-03-1332REPLY to opposition to motion re 19 MOTION for Summary Judgment filed by DRUG ENFORCEMENT ADMINISTRATION, UNITED STATES DEPARTMENT OF JUSTICE. (Kim, Yule) (Entered: 03/13/2009)
2009-03-1633REPLY to opposition to motion re 17 MOTION for Summary Judgment filed by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEYS, UNITED STATES DEPARTMENT OF JUSTICE. (Kim, Yule) (Entered: 03/16/2009)
2009-03-1834Memorandum in opposition to re 19 MOTION for Summary Judgment filed by JEFFREY NORTH. (td, ) (Entered: 03/20/2009)
2009-03-2535REPLY to opposition to motion re 19 MOTION for Summary Judgment filed by DRUG ENFORCEMENT ADMINISTRATION, UNITED STATES DEPARTMENT OF JUSTICE. (Kim, Yule) (Entered: 03/25/2009)
2009-03-2636MOTION to strike pleadings from the record by JEFFREY NORTH (td, ) (Entered: 03/27/2009)
2009-03-3038REPLY to Executive Office for United States Attorneys' opposition to plaintiff's re 10 MOTION for Summary Judgment in regard to the North Grand Jury Information filed by JEFFREY NORTH. (td, ) Modified on 4/1/2009 correcting text (td, ). (Entered: 04/01/2009)
2009-03-3039REPLY to Bureau of Alcohol, Tobacco, Firearms to opposition to motion re 10 MOTION for Summary Judgment filed by JEFFREY NORTH. (td, ) (Entered: 04/01/2009)
2009-03-3040REPLY to Executive Office for United States Attorneys' opposition tore 10 MOTION for Summary Judgment in regard to the Decologero subpoena filed by JEFFREY NORTH. (td, ) (Entered: 04/01/2009)
2009-03-3041REPLY to Drug Enforcement Administration's opposition to motion re 10 MOTION for Summary Judgment filed by JEFFREY NORTH. (Attachments: # 1 Affidavit)(td, ) (Entered: 04/01/2009)
2009-03-3137Memorandum in opposition re 36 MOTION to strike pleadings from the record filed by DRUG ENFORCEMENT ADMINISTRATION. (Kim, Yule) Modified text on 4/1/2009 (nmw, ). (Entered: 03/31/2009)
2009-04-0642NOTICE of Change of Address by JEFFREY NORTH (td, ) (Entered: 04/09/2009)
2009-04-1043MOTION for Extension of Time to file affidavit in support of plaintiff's opposition to the Drug Enforcement Administration's motion for summary judgment by JEFFREY NORTH (Attachments: # 1 Exhibit Affidavit in support of Plaintiff's Opposition)(td, ) (Entered: 04/14/2009)
2009-04-15MINUTE ORDER granting nunc pro tunc 43 Motion for Extension of Time to File Affidavit in Support of Plaintiff's Opposition to the Drug Enforcement Administration's Motion for Summary Judgment, as filed. Signed by Judge Colleen Kollar-Kotelly on April 15, 2009. (SM) (Entered: 04/15/2009)
2009-04-3044MOTION for the court to notice arguments the government has denied the exsistance of which are contained in the plaintiff's oppositon to the Drug ENforcement Administration's motion for summary judgment by JEFFREY NORTH (td, ) (Entered: 05/04/2009)
2009-05-0645RESPONSE re 44 MOTION for the court to notice arguments the government has denied the exsistance of which are contained in the plaintiff's oppositon to the Drug ENforcement Administration's motion for summary judgment filed by DRUG ENFORCEMENT ADMINISTRATION. (Sullivan, Diane) (Entered: 05/06/2009)
2009-09-3046ORDER. Based on the reasoning set forth in the accompanying Memorandum Opinion, the Court hereby orders that Defendant Drug Enforcement Administration's 19 Motion for Summary Judgment is GRANTED; Defendant Bureau of Alcohol, Tobacco, Firearms, and Explosives' 8 Motion for Summary Judgment is GRANTED; Defendant Executive Office for United States Attorneys' 17 Motion for Summary Judgment is GRANTED with respect to Count IV of the Amended Complaint and DENIED WITHOUT PREJUDICE with respect to Count III of the Amended Complaint; Plaintiff's 10 Motion for Summary Judgment is DENIED with respect to Counts I, II, and IV of the Complaint and DENIED WITHOUT PREJUDICE with respect to Count III of the Amended Complaint; Plaintiff's 36 Motion to Strike Pleadings from the Record is DENIED; and Plaintiff's 44 Motion for the Court to Notice Arguments is DENIED. The Court orders that this action be dismissed with prejudice against Defendants Drug Enforcement Administration and Bureau of Alcohol, Tobacco, Firearms and Explosives. Plaintiff and Defendant Executive Office for United States Attorneys may file new motions for summary judgment as to Count III of the Amended Complaint. Should they choose to file new motions, the parties should adhere to the following schedule. Opening briefs, including supporting affidavits or declarations, shall be filed no later than October 22, 2009. Responsive briefs shall be filed no later than November 5, 2009. Any replies shall be filed no later than November 12, 2009. Signed by Judge Colleen Kollar-Kotelly on September 30, 2009. (lcckk1).....(VACATED IN PART AS TO DRUG ENFORCEMENT ADMINISTRATION PURSUANT TO ORDER FILED 9/15/2011)Modified on 9/16/2011 (znmw, ). (Entered: 09/30/2009)
2009-09-3047MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on September 30, 2009. (lcckk1) (Entered: 09/30/2009)
2009-09-30Set/Reset Deadlines: Opening Briefs due by 10/22/2009. Responses due by 11/5/2009. Replies due by 11/12/2009. (dot, ) (Entered: 10/02/2009)
2009-10-1448MOTION for Extension of Time to file a renewed motion for summary judgment by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEYS (Sullivan, Diane) (Entered: 10/14/2009)
2009-10-15MINUTE ORDER granting defendant, Executive Office for the United States Attorneys (EOUSA)'s 48 Motion for Extension of Time to file a renewed motion for summary judgment. Accordingly, opening briefs shall be due on or before October 30, 2009; oppositions shall be due on or before November 17, 2009; and replies, if any, shall be due on or before November 24, 2009. Signed by Judge Colleen Kollar-Kotelly on October 15, 2009. (SM) (Entered: 10/15/2009)
2009-10-2249MOTION for Summary Judgment on count three of the amended complaint by JEFFREY NORTH (td, ) (td, ). (Entered: 10/23/2009)
2009-10-2250MOTION for Extension of Time to file notice of appeal on counts I, II, and VI by JEFFREY NORTH (td, ) (Entered: 10/23/2009)
2009-10-23MINUTE ORDER (paperless). On October 22, 2009, Plaintiff filed a 50 Motion to Extend Time to File Notice of Appeal on Counts I, II, and IV of the Complaint. However, the Court has not yet entered final judgment as to any claims. Pursuant to Federal Rule of Civil Procedure 54(b), any order or other decision, however designated, that adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties does not end the action as to any of the claims or parties and may be revised at any time before the entry of a judgment adjudicating all the claims and all the parties' rights and liabilities. There is no need for the Court to extend the time for a notice of appeal to be filed because the Court's 46 September 30, 2009 Order can be appealed after the Court issues a final judgment as to all claims. Accordingly, Defendant's 50 Motion is denied as unnecessary. Signed by Judge Colleen Kollar-Kotelly on October 23, 2009. (lcckk1) (Entered: 10/23/2009)
2009-10-2351MOTION for Extension of Time to file new motion for summary judgment by JEFFREY NORTH (td, ) (Entered: 10/26/2009)
2009-10-2652MOTION for Extension of Time to file a renewed motion for summary judgment and opposition to plaintiff's motion for summary judgment by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEYS (Sullivan, Diane) (Entered: 10/26/2009)
2009-10-26MINUTE ORDER (paperless) DENYING AS MOOT Plaintiff's 51 Motion for Extension of Time to File New Motion for Summary Judgment. In his Motion, Plaintiff indicated that he would need until October 30, 2009 to file his new motion for summary judgment. However, the Court received Plaintiff's timely filed 49 Motion for Summary Judgment on Count Three of the Amended Complaint on October 22, 2009. Plaintiff's Motion for Extension was not filed with this Court until October 23, 2009. Therefore, Plaintiff's request for an extension of time is moot. Signed by Judge Colleen Kollar-Kotelly on October 26, 2009. (lcckk1) (Entered: 10/26/2009)
2009-10-29MINUTE ORDER (paperless) GRANTING 52 Motion for an Enlargement of Time filed by Defendant Executive Office for United States Attorneys (EOUSA). EOUSA shall file its renewed motion for summary judgment and opposition to Plaintiff's motion for summary judgment by no later than November 5, 2009. Plaintiff shall file his opposition to EOUSA's renewed motion for summary judgment and Reply in Support of his motion for summary judgment by no later than November 25, 2009. EOUSA shall file its Reply, if any, by no later than December 2, 2009. Signed by Judge Colleen Kollar-Kotelly on October 29, 2009. (lcckk1) (Entered: 10/29/2009)
2009-11-0353MOTION for Extension of Time to file a renewed motion for summary judgment and opposition to plaintiff's motion for summary judgment by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEYS (Sullivan, Diane) (Entered: 11/03/2009)
2009-11-04MINUTE ORDER (paperless) GRANTING Defendant Executive Office for United States Attorneys (EOUSA)'s 53 Motion for an Extension of Time. Accordingly, Defendant EOUSA shall file its renewed motion for summary judgment and opposition to Plaintiff's motion for summary judgment by no later than November 16, 2009. Plaintiff shall file his opposition to EOUSA's renewed motion for summary judgment and Reply in Support of his motion for summary judgment by no later than December 7, 2009. EOUSA shall file its Reply, if any, by no later than December 14. NO MORE EXTENSIONS will be granted. Signed by Judge Colleen Kollar-Kotelly on November 4, 2009. (lcckk1) (Entered: 11/04/2009)
2009-11-04Set/Reset Deadlines: Defendant EOUSA Response and renewed Motion for Summary Judgment due by 11/16/2009. EOUSA's Reply due by 12/14/2009. Plaintiff's opposition to renewed motion for Summary Judgment and Reply due 12/7/2009. (dot, ) (Entered: 11/06/2009)
2009-11-1054MOTION for Extension of Time by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEYS (znmw, ) (Entered: 11/10/2009)
2009-11-12MINUTE ORDER (paperless). On November 10, 2009, Defendant Executive Office for United States Attorneys (EOUSA) filed a 54 Motion for an Extension of Time to file a renewed motion for summary judgment. This is the fourth request for extension of time that the Court has received from Defendant EOUSA. The Court very reluctantly GRANTS the motion for extension of time. Accordingly, Defendant EOUSA shall file its renewed motion for summary judgment and opposition to Plaintiff's motion for summary judgment by no later than November 18, 2009. Plaintiff shall file his opposition to EOUSA's renewed motion for summary judgment and Reply in Support of his motion for summary judgment by no later than December 9, 2009. EOUSA shall file its Reply, if any, by no later than December 16. The Court shall not grant any further extensions, and if Defendant EOUSA does not file its renewed motion by this deadline, it shall lose its opportunity to file a renewed motion for summary judgment. Signed by Judge Colleen Kollar-Kotelly on November 12, 2009. (lcckk1) (Entered: 11/12/2009)
2009-11-12Set/Reset Deadlines: Plaintiff's Response to renewed Motion for Summary Judgment due by 12/9/2009. Reply to Motion for Summary Judgment due by 12/9/2009. (dot, ) (Entered: 11/19/2009)
2009-11-1855MOTION for Summary Judgment (Renewed) by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEYS (Attachments: # 1 Affidavit Supplemental Declaration of David Luczynski, # 2 Affidavit Supplemental Declaration of Maryellen Barrett)(Sullivan, Diane) (Entered: 11/18/2009)
2009-11-1856Memorandum in opposition to re 49 MOTION for Summary Judgment filed by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEYS. (Sullivan, Diane) (Entered: 11/18/2009)
2009-11-1857Memorandum in opposition to re 49 MOTION for Summary Judgment (Defendant's Response to Plaintiff's Statement of Material Facts as to Which There Is No Genuine Issue on Count Three) filed by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEYS. (Sullivan, Diane) (Entered: 11/18/2009)
2009-12-0458MOTION to suspend plaintiff's filing deadline until the defendant provides missing exhibits to its pleadings by JEFFREY NORTH (td, ) (Entered: 12/09/2009)
2009-12-11MINUTE ORDER (paperless) GRANTING Plaintiff's 58 Motion to Suspend Plaintiff's Filing Deadline Until the Defendant Provides Missing Exhibits to its Pleadings. Plaintiff contends that he did not receive a copy of two exhibits referenced in the supplemental declaration of Ms. Barrett attached to 55 Defendant EOUSA's Renewed Motion for Summary Judgment. The Court has not seen the referenced exhibits, and the Court has made an inquiry to Defendant EOUSA as to whether the referenced exhibits were meant to be included in Defendant's filing. The deadline for Plaintiff to file his consolidated opposition and reply brief shall be stayed until further order of the Court. Signed by Judge Colleen Kollar-Kotelly on December 11, 2009. (lcckk1) (Entered: 12/11/2009)
2009-12-1559NOTICE by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEYS re 55 MOTION for Summary Judgment (Renewed) MOTION for Summary Judgment (Renewed) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Sullivan, Diane) (Entered: 12/15/2009)
2009-12-15MINUTE ORDER (paperless). Plaintiff shall file his consolidated opposition to EOUSA's renewed motion for summary judgment and reply in support of his motion for summary judgment by not later than January 5, 2010. Defendant EOUSA shall file its reply in support of summary judgment by not later than January 15, 2010. Signed by Judge Colleen Kollar-Kotelly on December 15, 2009. (lcckk1) (Entered: 12/15/2009)
2009-12-15Set/Reset Deadlines: Renewed Summary Judgment motions due by 1/5/2010. Reply to Motion for Summary Judgment due by 1/15/2010. (dot, ) (Entered: 12/18/2009)
2009-12-1860MOTION for leave to conduct interrogatories by JEFFREY NORTH. (Attachments: # 1 Exhibit)(jf, ) (Entered: 12/28/2009)
2009-12-2861MOTION for Discovery by JEFFREY NORTH (td, ) (Entered: 12/30/2009)
2009-12-2862MOTION for Discovery by JEFFREY NORTH (td, ) (Entered: 12/30/2009)
2009-12-3063MOTION suspend or, MOTION for Extension of Time for plaintiff's filing deadlines by JEFFREY NORTH (td, ) (Entered: 01/05/2010)
2010-01-05MINUTE ORDER (paperless). On December 18, 2009, Plaintiff filed a 60 Motion for Leave to Conduct Interrogatories. On December 28, 2009, Plaintiff filed a 61 Motion for Leave to Conduct Discovery and 62 Motion for Discovery. The Court would benefit from hearing the position of the Government on these motions. Accordingly, Defendant EOUSA shall file a brief responding to these motions by no later than January 15, 2010. Plaintiff's deadline to file his consolidated opposition to EOUSA's renewed motion for summary judgment shall be stayed until further order of the Court. Signed by Judge Colleen Kollar-Kotelly on January 5, 2010. (lcckk1) (Entered: 01/05/2010)
2010-01-05MINUTE ORDER (paperless). In light of the Court's earlier Minute Order staying Plaintiff's deadline to file his consolidated opposition to EOUSA's renewed motion for summary judgment until further order of the Court, Plaintiff's 63 Motion to Suspend or Extend Plaintiff's Filing Deadlines is DENIED AS MOOT. Signed by Judge Colleen Kollar-Kotelly on January 5, 2010. (lcckk1) (Entered: 01/05/2010)
2010-01-1264RESPONSE re 61 MOTION for Discovery, 62 MOTION for Discovery, 60 MOTION for leave to conduct interrogatories filed by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEYS. (Attachments: # 1 Text of Proposed Order)(Sullivan, Diane) (Entered: 01/12/2010)
2010-01-2965ORDER. In light of Defendant EOUSA's indication that it will conduct a new search for responsive documents, Plaintiff's 49 Motion for Summary Judgment on Count Three of the Amended Complaint is DENIED WITHOUT PREJUDICE; Defendant EOUSA's 55 Renewed Motion for Summary Judgment is DENIED WITHOUT PREJUDICE; and Plaintiff's 60 Motion for Leave to Conduct Interrogatories, 61 Motion for Leave to Conduct Discovery, and 62 Motion for Discovery are DENIED AS MOOT. Defendant EOUSA shall file a renewed motion for summary judgment by no later than March 8, 2010. Plaintiff shall file an opposition to Defendant EOUSA's motion for summary judgment, which may be consolidated with a renewed motion for summary judgment, by no later than March 29, 2010. Defendant EOUSA shall file a reply in support of its renewed motion for summary judgment, which may be consolidated with an opposition to Plaintiff's renewed motion for summary judgment, if any, by no later than April 12, 2010. Plaintiff may file a reply in support of his renewed motion for summary judgment, if any, by no later than April 26, 2010. Signed by Judge Colleen Kollar-Kotelly on January 29, 2010. (lcckk1) (Entered: 01/29/2010)
2010-02-0266MOTION for a Clear and Definite Statement by JEFFREY NORTH (Attachments: # 1 Exhibit Dec 1, # 2 Exhibit Dec 2, # 3 Text of Proposed Order)(rdj) (Entered: 02/03/2010)
2010-03-0267MOTION for Extension of Time to file a renewed motion for summary judgment by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEYS (Sullivan, Diane) (Entered: 03/02/2010)
2010-03-02MINUTE ORDER granting 67 Motion for Extension of Time to file a renewed motion for summary judgment. Accordingly, Defendants shall have until and including March 15, 2010, to file renewed motion for summary judgment; Plaintiff shall have until and including April 5, 2010, to file his opposition; and Defendants shall have until and including April 19, 2010, to file their reply. Set/Reset Deadlines: Renewed Summary Judgment motion due by 3/15/2010. Response to Motion for Summary Judgment due by 4/5/2010. Reply to Motion for Summary Judgment due by 4/19/2010. Signed by Judge Colleen Kollar-Kotelly on mARCH 2, 2010. (SM, ) (Entered: 03/02/2010)
2010-03-1068MOTION for Extension of Time to file a renewed dispositive motion by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (Sullivan, Diane) (Entered: 03/10/2010)
2010-03-1869ORDER GRANTING nunc pro tunc Defendant's 68 Motion for Enlargement of Time. Defendant EOUSA shall have until and including April 15, 2010, to file a renewed motion for summary judgment. Plaintiff shall have until and including May 5, 2010, to file his opposition, which may be consolidated with a renewed cross-motion for summary judgment. Defendants shall have until and including May 19, 2010, to file their reply, which may be consolidated with an opposition to Plaintiff's renewed motion for summary judgment, if any. Plaintiff may file a reply in support of his renewed motion for summary judgment, if any, by no later than May 26, 2010. No further extensions shall be granted. Signed by Judge Colleen Kollar-Kotelly on March 18, 2010. (lcckk1) (Entered: 03/18/2010)
2010-04-0670MOTION for production of docket entries from the case of United States v. North, Criminal No.: 98cr10176 by JEFFREY NORTH (Attachments: # 1 Text of Proposed Order); ("Leave to file Granted" by Judge C Kollar-Kotelly)(td, ) (Entered: 04/08/2010)
2010-04-1571MOTION for Summary Judgment (Renewed) by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (Attachments: # 1 Affidavit Supplemental Declaration of David Luczynski, # 2 Affidavit Declaration of Christopher F. Bator)(Sullivan, Diane) (Entered: 04/15/2010)
2010-05-0372NOTICE by JEFFREY NORTH (td, ) (Entered: 05/05/2010)
2010-05-0575MOTION for Extension of Time to respond by JEFFREY NORTH. (jf, ) (Entered: 05/10/2010)
2010-05-0673NOTICE by UNITED STATES DEPARTMENT OF JUSTICE re 72 Notice (Other) (Sullivan, Diane) (Entered: 05/06/2010)
2010-05-0674NOTICE by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS re 71 MOTION for Summary Judgment (Renewed) (Attachments: # 1 Certificate of Service re Defendant Executive Office for United States Attorneys' Renewed Motion for Summary Judgment)(Sullivan, Diane) (Entered: 05/06/2010)
2010-05-1176ORDER. Plaintiff's 75 Motion for Extension of Time is GRANTED nunc pro tunc. Plaintiff shall have until and including July 15, 2010, to file his opposition, which may be consolidated with a renewed cross-motion for summary judgment. Defendants shall have until and including August 5, 2010, to file their reply, which may be consolidated with an opposition to Plaintiff's renewed motion for summary judgment, if any. Plaintiff may file a reply in support of his renewed motion for summary judgment, if any, by no later than August 30, 2010. Signed by Judge Colleen Kollar-Kotelly on May 11, 2010. (lcckk1) (Entered: 05/11/2010)
2010-05-1377MOTION for Extension of Time for four months to file his renewed motion for summary judgment by JEFFREY NORTH (td, ) (Entered: 05/14/2010)
2010-05-1978ORDER. Plaintiff's 77 Motion for Enlargement of Time is GRANTED. Plaintiff shall have until and including August 5, 2010, to file his opposition, which shall be consolidated with his renewed cross-motion for summary judgment. Defendant shall have until and including August 26, 2010, to file their reply, which may be consolidated with an opposition to Plaintiff's renewed motion for summary judgment. Plaintiff may file a reply in support of his renewed motion for summary judgment, if any, by no later than September 20, 2010. Signed by Judge Colleen Kollar-Kotelly on May 19, 2010. (lcckk1) (Entered: 05/19/2010)
2010-06-0379MOTION for defendant to include supporting documents to its pleadings by JEFFREY NORTH (td, ) (Entered: 06/07/2010)
2010-06-0981MOTION to conduct Interrogatories by JEFFREY NORTH (Attachments: # 1 Exhibit A-C, # 2 Exhibit Mary Ellen Barrett, # 3 Exhibit Christopher Bator)(td, ) (Main Document 81 replaced on 6/14/2010 to show corrected dated stamp) (td, ). (Entered: 06/11/2010)
2010-06-1180NOTICE by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS re 79 MOTION for defendant to include supporting documents to its pleadings (Attachments: # 1 Documents Released to Plaintiff on April 15, 2010)(Sullivan, Diane) (Entered: 06/11/2010)
2010-06-1182MOTION to conduct Discovery by JEFFREY NORTH (Attachments: # 1 Exhibit A-C)(td, ) (Entered: 06/15/2010)
2010-06-1883MOTION for Extension of Time to file an opposition by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (Attachments: # 1 Text of Proposed Order)(Sullivan, Diane) (Entered: 06/18/2010)
2010-06-1884ORDER granting 83 Motion for Extension of Time to and including July 13, 2010 to file an opposition. Signed by Judge Colleen Kollar-Kotelly on 6/18/10. (dot, ) (Entered: 06/18/2010)
2010-06-2285MOTION to allow supplemental interrogatories by JEFFREY NORTH (Attachments: # 1 Exhibit)(td, ) (Entered: 06/23/2010)
2010-07-1286Memorandum in opposition to re 82 MOTION for Discovery filed by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS. (Sullivan, Diane) (Entered: 07/12/2010)
2010-07-2287ORDER. For the reasons stated in the accompanying Memorandum Opinion, Plaintiff's 66 Motion for a Clear and Definite Statement in Any Further Declaration or Affidavits by the Executive Office for United States Attorneys is DENIED; Plaintiff's 70 Motion for Production of Docket Entries from the Case of United States v. North, Crim. No. 98-CR-10176, is DENIED; Plaintiff's 79 Motion for Defendant to Include Supporting Documents to It's [sic] Pleadings is DENIED; Plaintiff's 81 Motion for Leave to Conduct Interrogatories is DENIED; Plaintiff's 82 Motion for Leave to Conduct Discovery is DENIED; Plaintiff's 85 Motion to Allow Supplemental Interrogatories is DENIED. Plaintiff shall file an opposition to Defendant Executive Office for United States Attorneys' 71 Renewed Motion for Summary Judgment by no later than August 5, 2010; if Plaintiff fails to respond, the Court may treat Defendant's motion as conceded. Signed by Judge Colleen Kollar-Kotelly on July 22, 2010. (lcckk1) (Entered: 07/22/2010)
2010-07-2288MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on July 22, 2010. (lcckk1) (Entered: 07/22/2010)
2010-07-2290NOTICE of Change of Address by JEFFREY NORTH (td, ). "Let it be filed," by Judge Colleen Kollar-Kotelly. Modified on 7/27/2010 (znmw, ). (Entered: 07/26/2010)
2010-07-23Set/Reset Deadlines: Response to Motion for Summary Judgment due by 8/5/2010. (clv, ) (Entered: 07/23/2010)
2010-07-2389ORDER. Pursuant to Plaintiff's Notice of Change of Address, the Clerk of the Court shall direct all correspondence to Plaintiff at P.O. Box 725, Edgefield, SC 29824. Because of Plaintiff's change of address, the Court shall extend the time for Plaintiff to file his opposition to Defendant's 71 Renewed Motion for Summary Judgment to August 19, 2010. If Plaintiff fails to respond by that date, the Court may treat Defendant's motion as conceded. Signed by Judge Colleen Kollar-Kotelly on July 23, 2010. (lcckk1) (Entered: 07/23/2010)
2010-07-23Set/Reset Deadlines: Plaintiff's Response to Motion for Summary Judgment due by 8/19/2010. (clv, ) (Entered: 07/23/2010)
2010-07-2691MOTION for Extension of Time to file motion by JEFFREY NORTH (td, ) (Entered: 07/30/2010)
2010-08-0392ORDER. Plaintiff's 91 Motion for Enlargement of Time is GRANTED-IN-PART. Plaintiff shall have until and including September 17, 2010, to file his opposition, which shall be consolidated with his renewed cross-motion for summary judgment. If Plaintiff fails to respond by that date, the Court may treat Defendant's motion as conceded. Defendant shall have until and including October 8, 2010, to file its reply, which may be consolidated with an opposition to Plaintiff's renewed motion for summary judgment. Plaintiff may file a reply in support of his renewed motion for summary judgment, if any, by no later than October 29, 2010. Signed by Judge Colleen Kollar-Kotelly on August 3, 2010. (lcckk1) (Entered: 08/03/2010)
2010-08-05Set/Reset Deadlines: Plaintiff's Opposition/Renewed Cross Motion for Summary Judgment due by 9/17/2010, Defendant's Reply due by 10/8/2010, Plaintiff's reply in support of his renewed motion for summary judgment by 10/29/2010. (tr) (Entered: 08/05/2010)
2010-09-0793MOTION for Summary Judgment by JEFFREY NORTH (td, ) (Entered: 09/08/2010)
2010-09-0794Memorandum in opposition to re 71 MOTION for Summary Judgment (Renewed) filed by JEFFREY NORTH; (See docket entry no. 93 to view document) (td, ) (Entered: 09/08/2010)
2010-09-1395NOTICE of certificate of service by JEFFREY NORTH re 94 Memorandum in Opposition, 93 MOTION for Summary Judgment (td, ) (Entered: 09/17/2010)
2010-09-2996MOTION for Extension of Time to file a reply and an opposition to plaintiff's cross-motion for summary judgment by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (Attachments: # 1 Text of Proposed Order)(Sullivan, Diane) (Entered: 09/29/2010)
2010-09-30MINUTE ORDER granting Defendant's 96 Motion for Extension of Time to file its reply in support of its motion for summary judgment and its opposition to Plaintiff's cross-motion for summary judgment. Accordingly, Defendant shall have until and including November 8, 2010, to file its reply and its opposition to Plaintiff's cross-motion for summary judgment; and Plaintiff shall have until and including November 29, 2010, to file its reply, if any, in support of its cross-motion for summary judgment. Set/Reset Deadlines: Reply to Motion for Summary Judgment due by 11/8/2010; Response to Cross Motion due by 11/8/2010; Reply to Cross Motion due by 11/29/2010. Signed by Judge Colleen Kollar-Kotelly on September 30, 2010. (SM) (Entered: 09/30/2010)
2010-10-1497NOTICE TO COURT by JEFFREY NORTH (dr) (Entered: 10/18/2010)
2010-10-2298ORDER. This Order is intended to put Plaintiff on notice of the present deadlines for completing briefing in this action. Defendants' reply and opposition to Plaintiff's cross-motion for summary judgment is due November 8, 2010, and Plaintiff's reply in support of his cross-motion for summary judgment is due November 29, 2010. Signed by Judge Colleen Kollar-Kotelly on October 22, 2010. (lcckk1) (Entered: 10/22/2010)
2010-10-22Set/Reset Deadlines: Defendants' Response to Cross Motions due by 11/8/2010. Reply to Cross Motions due by 11/29/2010. Defendants' Reply due by 11/8/2010. (dot, ) (Entered: 10/26/2010)
2010-11-0499REPLY to opposition to motion re 71 MOTION for Summary Judgment (Renewed) filed by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS. (Sullivan, Diane) (Entered: 11/04/2010)
2010-11-04100Memorandum in opposition to re 93 MOTION for Summary Judgment filed by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS. (Sullivan, Diane) (Entered: 11/04/2010)
2010-11-15101NOTICE of Change of Address by JEFFREY NORTH (jf, ) (Entered: 11/18/2010)
2010-11-29102MOTION for Extension of Time by JEFFREY NORTH (td, ) (Entered: 12/03/2010)
2010-12-07MINUTE ORDER granting 102 Motion for Extension of Time to file reply in support of motion for summary judgment. Plaintiff shall have until and including Monday, January 17, 2011, to a reply in support of his Motion for Summary Judgment. Set/Reset Deadlines: Reply to Motion for Summary Judgment due by 1/17/2011. Signed by Judge Colleen Kollar-Kotelly on December 7, 2010. (SM) (Entered: 12/07/2010)
2010-12-30103MOTION for Extend filing deadline by JEFFREY NORTH (td, ) (Entered: 01/04/2011)
2011-01-05104NOTICE of Appearance by Rhonda Lisa Campbell on behalf of UNITED STATES DEPARTMENT OF JUSTICE (Campbell, Rhonda) (Entered: 01/05/2011)
2011-01-05MINUTE ORDER (paperless) GRANTING Plaintiff's 103 Motion to Extend Filing Deadline. Plaintiff shall have until February 28, 2011 to file his reply in support of his motion for summary judgment. Signed by Judge Colleen Kollar-Kotelly on January 5, 2011. (lcckk1) (Entered: 01/05/2011)
2011-01-05Set/Reset Deadlines: Reply due by 2/28/2011. (dot, ) (Entered: 01/07/2011)
2011-02-25105REPLY to opposition to motion re 93 MOTION for Summary Judgment filed by JEFFREY NORTH. (td, ) (Entered: 02/28/2011)
2011-03-22106MOTION for Reconsider summary judgment on count 1 of the amended complaint re 93 MOTION for Summary Judgment by JEFFREY NORTH (td, ) (Entered: 03/23/2011)
2011-03-31107ORDER. For the reasons expressed in the accompanying Memorandum Opinion, Defendant Executive Office for United States Attorneys' 71 Renewed Motion for Summary Judgment is GRANTED; Plaintiff's 93 Motion for Summary Judgment is DENIED. Defendant Drug Enforcement Administration shall file a response to Plaintiff's 106 Motion to Reconsider Summary Judgment on Count I of the Complaint by no later than April 29, 2011. The response should address, inter alia, the issue of whether the Court erred in holding that Plaintiff had failed to meet his initial burden of production with respect to information that was allegedly in the public domain. The Court shall withhold entry of final judgment until it has ruled on Plaintiff's motion to reconsider. Signed by Judge Colleen Kollar-Kotelly on March 31, 2011. (lcckk1) (Entered: 03/31/2011)
2011-03-31108MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on March 31, 2011. (lcckk1) (Entered: 03/31/2011)
2011-03-31Set/Reset Deadlines: Defendant Drug Enforcement Administration Response due by 4/29/2011. (dot ) (Entered: 04/04/2011)
2011-04-29109RESPONSE TO ORDER OF THE COURT re 108 Memorandum & Opinion, 107 Order on Motion for Summary Judgment,,,,,,, filed by DRUG ENFORCEMENT ADMINISTRATION, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration William Little Declaration and Exhibits)(Campbell, Rhonda) (Entered: 04/29/2011)
2011-04-29110Memorandum in opposition to re 106 MOTION for Reconsideration re 93 MOTION for Summary Judgment filed by DRUG ENFORCEMENT ADMINISTRATION, UNITED STATES DEPARTMENT OF JUSTICE. (See Docket Entry 109 to view document). (znmw, ) (Entered: 05/02/2011)
2011-05-19111NOTICE of Change of Address by JEFFREY NORTH (dr) (Entered: 05/20/2011)
2011-06-15112Mail Returned as undeliverable. sent to Jeffrey North; Type of Document Returned: Memorandum Opinion dated March 31, 2011; Resent at new address: Coleman I, US Penitentiary, Inmate Mail/Parcels, P.O. Box 1033, Coleman, FL 33521. (dot ) (Entered: 06/15/2011)
2011-06-15113Mail Returned as undeliverable. sent to Jeffrey North; Type of Document Returned: Order dated March 31, 2011; Resent at new address: Coleman I, US Penitentiary, Inmate Mail/Parcels, P.O. Box 1033, Coleman, FL 33521. (dot ) (Entered: 06/15/2011)
2011-07-14114NOTICE of Change of Address by JEFFREY NORTH (td, ) (Entered: 07/15/2011)
2011-07-18115NOTICE by JEFFREY NORTH (td, ) (Entered: 07/21/2011)
2011-09-14116ORDER. Plaintiff's 106 Motion to Reconsider Summary Judgment on Count I of the Amended Complaint is GRANTED. The Court's Order of September 30, 2011 is VACATED with respect to award of summary judgment to Defendant Drug Enforcement Administration on Count I of the Amended Complaint. Defendant Drug Enforcement Administration's 19 Motion for Summary Judgment is DENIED WITHOUT PREJUDICE. Defendant Drug Enforcement Administration may file a new motion for summary judgment as to Count I of the Amended Complaint. The parties shall adhere to the following briefing schedule: Defendant's opening brief, including supporting affidavits or declarations, shall be filed no later than November 14, 2011; Plaintiff's opposition shall be filed by no later than December 16, 2011; and Defendant's reply shall be filed no later than January 6, 2012. Signed by Judge Colleen Kollar-Kotelly on September 14, 2011. (lcckk1) (Entered: 09/14/2011)
2011-09-14117MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on September 14, 2011. (lcckk1) (Entered: 09/14/2011)
2011-09-15118AMENDED ORDER. This Order amends and replaces the Order issued by the Court on September 14, 2011. Signed by Judge Colleen Kollar-Kotelly on September 15, 2011. (lcckk1) (Entered: 09/15/2011)
2011-10-27120MOTION to issue Order for the Drug Enforcement Agency to conduct a search for requested documents by JEFFREY NORTH (td, ) (Entered: 10/28/2011)
2011-10-28119MOTION for Extension of Time to file Defendants' Renewed Motion for Summary Judgment by DRUG ENFORCEMENT ADMINISTRATION, UNITED STATES DEPARTMENT OF JUSTICE (Campbell, Rhonda) (Entered: 10/28/2011)
2011-11-01MINUTE ORDER. Before the Court is Plaintiff's 120 Motion to Issue Order for the Drug Enforcement Agency to Conduct a Search for Requested Documents. Plaintiff's motion is hereby DENIED AS MOOT. In its September 15, 2011 Amended Order, the Court granted Plaintiff's 106 Motion to Reconsider Summary Judgment and denied the DEA's 19 Motion for Summary Judgment because the DEA still had "an obligation to search for and produce any responsive records that contain information identical [to] that which has been publicly disclosed." Order at 5. The Court vacated is prior judgment to "allow the DEA time to conduct a proper search," and file a renewed motion for summary judgment. Id. at 6. By the Court's prior order, the DEA is required to perform an additional search prior to filing a renewed summary judgment motion, and therefore the relief requested in Plaintiffs motion has already been provided. Signed by Judge Colleen Kollar-Kotelly on 11/1/11. (lcckk2) (Entered: 11/01/2011)
2011-11-01121ORDER granting 119 Motion for Extension of Time to answer the complaint. Defendants shall file its Renewed Motion for Summary Judgment no later than December 16, 2011; Plaintiff's opposition shall be filed no later than January 17, 2012; and Defendants' reply shall be filed no later than February 10, 2012. Signed by Judge Colleen Kollar-Kotelly on 11/1/11. (dot ) (Entered: 11/04/2011)
2011-11-01Set/Reset Deadlines: Defendants Summary Judgment motions due by 12/16/2011. Response to Motion for Summary Judgment due by 1/17/2012. Reply to Motion for Summary Judgment due by 2/10/2012. (dot ) (Entered: 11/04/2011)
2011-11-03122MOTION to issue Order for Drug Enforcement Administration to produce redacted documents by JEFFREY NORTH (td, ) (Entered: 11/04/2011)
2011-11-04123MOTION for Order to allow a late submission of trial transcripts and Grand Jury Transcripts to the Drug Enforcement Administration for consideration in it's search for information by JEFFREY NORTH (Attachments: # 1 Exhibit)(td, ) (Entered: 11/07/2011)
2011-11-07MINUTE ORDER (paperless). Before the Court is Plaintiff's 122 Motion to Issue Order for the Drug Enforcement Agency to Produce Redacted Documents. Plaintiff's motion is hereby DENIED AS MOOT. As the Court explained in denying as moot Plaintiff's 120 Motion, Plaintiff is asking the Court to order the DEA to perform conduct already ordered by the Court. Pursuant to the September 15, 2011 Amended Order, the DEA is required to "search for and produce any responsive records that contain information identical [to] that which has been publicly disclosed." Order at 5. Prior to filing its renewed summary judgment motion by December 16, 2011, the DEA must produce any responsive documents, and therefore the relief requested in Plaintiffs motion has already been provided. Plaintiff must wait for the DEA produce responsive documents and/or file its renewed summary judgment motion before requesting additional relief from the Court. Signed by Judge Colleen Kollar-Kotelly on 11/7/11. (lcckk2) (Entered: 11/07/2011)
2011-11-28124NOTICE of intent to submit additional grand jury transcripts to the Drug Enforcement Administration by JEFFREY NORTH (td, ) (Entered: 11/30/2011)
2011-12-13125MOTION for Extension of Time to file Renewed Motion for Summary Judgment by DRUG ENFORCEMENT ADMINISTRATION, UNITED STATES DEPARTMENT OF JUSTICE. (Campbell, Rhonda) Modified to add filer on 12/14/2011 (znmw, ). (Entered: 12/13/2011)
2011-12-14MINUTE ORDER (paperless). Before the Court is Defendants' 125 Motion for an Extension of Time, seeking an additional three week extension to file their Renewed Motion for Summary Judgment. Defendants' Motion is GRANTED IN PART and DENIED IN PART. Defendants shall have up to and including December 21, 2011 to file their motion. This is Defendants' second request for an extension, and with this extension, Defendants will have had over three months to perform additional searches and prepare their motion. Therefore, NO FURTHER EXTENSIONS shall be granted. Signed by Judge Colleen Kollar-Kotelly on 12/14/11. (lcckk2) (Entered: 12/14/2011)
2011-12-21126MOTION for Summary Judgment Renewed by DRUG ENFORCEMENT ADMINISTRATION (Attachments: # 1 Declaration Little 2nd Supp. Decl. (Redacted))(Campbell, Rhonda) (Entered: 12/21/2011)
2011-12-22127MOTION for Reconsideration re 118 Order by DRUG ENFORCEMENT ADMINISTRATION (Campbell, Rhonda) (Entered: 12/22/2011)
2011-12-22128MOTION for Order for In Camera Review by DRUG ENFORCEMENT ADMINISTRATION (Campbell, Rhonda) (Entered: 12/22/2011)
2012-01-10129MOTION for Extension of Time to File Motion for Summary judgment by JEFFREY NORTH (rdj) (Entered: 01/11/2012)
2012-01-11MINUTE ORDER (paperless). Upon consideration of Plaintiff's 129 Motion for Extension of Time to File Motion for Summary Judgment, Plaintiff's motion is GRANTED IN PART and DENIED IN PART. Plaintiff shall have up to and including February 17, 2012 to file his opposition to Defendant's Motion for Summary Judgment, Motion for Reconsideration, and Motion for Order for In Camera Review and his own cross-motion for summary judgment if he so chooses. Defendant shall file its reply briefs by no later than March 9, 2012. It is FURTHER ORDERED that the Clerk of Court shall mail a copy of the Docket and Defendant's 126 Motion for Summary Judgment, 127 Motion for Reconsideration; and 128 Motion for Order for In Camera Review to Plaintiff. Signed by Judge Colleen Kollar-Kotelly on 1/11/12. (lcckk2) (Entered: 01/11/2012)
2012-01-11Set/Reset Deadlines: Cross Motions due by 2/17/2012. Response to Motion for Summary Judgment due by 2/17/2012. Reply to Motion for Summary Judgment due by 3/9/2012. (dot ) (Entered: 01/24/2012)
2012-01-13130MOTION for Leave to allow late submission of additional transcripts of Grand Jury Testimony of Gianraolo Starita to the Drug Enforcement admimistration by JEFFREY NORTH (Attachments: # 1 Exhibit)(td, ) (Entered: 01/17/2012)
2012-02-13131MOTION for production of case law, MOTION for Extension of Time by JEFFREY NORTH (td, ) (Entered: 02/15/2012)
2012-02-21132ORDER. Plaintiff's 131 Motion for Production of Case law and Extension of Time is GRANTED; it is FURTHER ORDERED that Plaintiff shall have up to and including April 6, 2012 to file his Opposition to Defendants' Renewed Motion for Summary Judgment; it is FURTHER ORDERED that the Clerk of Court shall mail Plaintiff a copy of this Order and Moore v. CIA, Case No. 10-5248, 2011 WL 6355313 (D.C. Cir. Dec. 20, 2011), attached to this Order. Signed by Judge Colleen Kollar-Kotelly on 2/21/12. (lcckk2) (Entered: 02/21/2012)
2012-02-21Set/Reset Deadlines: Response due by 4/6/2012. (dot ) (Entered: 03/07/2012)
2012-03-22133NOTICE of Change of Address by JEFFREY NORTH (dr) (Entered: 03/23/2012)
2012-04-06134Memorandum in opposition to re 126 MOTION for Summary Judgment Renewed filed by JEFFREY NORTH. (Attachments: # 1 Exhibit, # 2 Declaration, # 3 Exhibit)(td, ) (Entered: 04/10/2012)
2012-04-06135MOTION for Order to allow submission of a renewed motion for summary judgment by JEFFREY NORTH (td, ) (Entered: 04/10/2012)
2012-04-06136Memorandum in opposition to re 127 MOTION for Reconsideration re 118 Order filed by JEFFREY NORTH. (td, ) (Entered: 04/10/2012)
2012-04-10137ORDER. Plaintiff's 135 Motion to Allow Submission of a Renewed Motion for Summary Judgment Time is GRANTED. Plaintiff shall have up to and including May 7, 2012 to file his cross-motion for summary judgment as to the Drug Enforcement Administration only. The Court emphasizes that it must receive Plaintiff's cross-motion by May 7, 2012 in order for it to be considered timely filed. The Drug Enforcement Administration shall file its opposition to Plaintiff's cross-motion for summary judgment by no later than May 24, 2012; Plaintiff shall file his reply in support of his cross-motion for summary judgment by no later than June 4, 2012. Signed by Judge Colleen Kollar-Kotelly on 4/10/12. (lcckk2) (Entered: 04/10/2012)
2012-04-10Set/Reset Deadlines: Plaintiff's Cross Motion for Summary Judgment due by 5/7/2012. Response to Cross Motion due by 5/24/2012. Reply to Cross Motion due by 6/4/2012. (dot ) (Entered: 04/12/2012)
2012-05-11138NOTICE to court to excuse late filing by JEFFREY NORTH (td, ) (Entered: 05/16/2012)
2012-05-17139Renewed MOTION for Summary Judgment by JEFFREY NORTH (Attachments: # 1 Statement of Facts, # 2 Declaration, # 3 Exhibit 1-8)(td, ) (Entered: 05/18/2012)
2012-05-29140MOTION for Extension of Time to File Defendants' Opposition to Plaintiff's Renewed Motion for Summary Judgment by DRUG ENFORCEMENT ADMINISTRATION, UNITED STATES DEPARTMENT OF JUSTICE. (Campbell, Rhonda) Modified to add filer on 5/30/2012 (znmw, ). (Entered: 05/29/2012)
2012-05-30MINUTE ORDER (paperless). Upon consideration of Defendants' 140 Motion for an Extension of Time, Defendants' motion is GRANTED. Defendants shall have up to and including June 19, 2012 in which to file their opposition to Plaintiff's 139 Renewed Motion for Summary Judgment. The Court must receive Plaintiff's reply in support of his motion by no later than July 19, 2012. Signed by Judge Colleen Kollar-Kotelly on 5/30/12. (lcckk2) (Entered: 05/30/2012)
2012-06-06141MOTION for Order to allow submission of corrected pleadings by JEFFREY NORTH (td, ) (Entered: 06/07/2012)
2012-06-18142MOTION for Extension of Time to file Defendants' Opposition to Plaintiff's Renewed Motion for Summary Judgment by DRUG ENFORCEMENT ADMINISTRATION (Campbell, Rhonda) (Entered: 06/18/2012)
2012-06-18MINUTE ORDER (paperless). Presently before the Court is Defendants' 142 Motion for an Extension of Time, seeking an additional thirty-one days in which to file their opposition to Plaintiff's 139 Renewed Motion for Summary Judgment. This is Defendants' second request for an extension of time in which to file their opposition. Defendants' motion is GRANTED IN PART and DENIED IN PART. Defendants shall have up to and including July 16, 2012 in which to file their opposition. With this extension, Defendants will have had sixty days in which to file their response, which is more than adequate time to resolve the stakeholders' respective positions. Plaintiff is hereby notified that the Court must RECEIVE his reply by no later than August 13, 2012. NO FURTHER EXTENSIONS SHALL BE GRANTED. Signed by Judge Colleen Kollar-Kotelly on 6/18/12. (lcckk2) (Entered: 06/18/2012)
2012-06-18Set/Reset Deadlines: Response due by 7/16/2012. Reply due by 8/13/2012. (dot ) (Entered: 06/19/2012)
2012-07-02143LEAVE TO FILE DENIED as to Plaintiff's notice of sending Letter to Paul Laird, North Central REgional Director of the Federal Bureau of Prisons..."Filing Denied by Judge C. Kollar-Kotelly signed 7/1/12) This document is unavailable as the Court denied its filing. (td, ) (Entered: 07/02/2012)
2012-07-16144Memorandum in opposition to re 139 MOTION for Summary Judgment filed by DRUG ENFORCEMENT ADMINISTRATION, UNITED STATES DEPARTMENT OF JUSTICE. (Campbell, Rhonda) (Entered: 07/16/2012)
2012-08-13145REPLY to opposition to motion re 139 MOTION for Summary Judgment filed by JEFFREY NORTH. (td, ) Modified event title on 8/16/2012 (znmw, ). (Entered: 08/15/2012)
2012-09-26146ORDER. For the reasons stated in the accompanying Memorandum Opinion, Plaintiff's motions nos. 123 , 130 , and 139 are GRANTED. The DEA's 126 Renewed Motion for Summary Judgment, 127 Motion for Reconsideration, and 128 Motion for In Camera Review are DENIED. Plaintiff's 141 Motion to Allow Submission of Corrected Pleadings is DENIED AS MOOT. IT IS FURTHER ORDERED that by no later than November 26, 2012, the DEA must publicly acknowledge the existence of records responsive to Plaintiff's FOIA requests and (1) disclose any responsive documents, and/or (2) establish the applicability of one or more FOIA exemptions protecting the disclosure of the content of the documents, by way of a motion for summary judgment. NO EXTENSIONS OF TIME SHALL BE GRANTED to the DEA to complete this process or file its second renewed motion for summary judgment. Signed by Judge Colleen Kollar-Kotelly on 9/26/12. (lcckk2) (Main Document 146 replaced on 9/27/2012) (znmw, ). (Entered: 09/26/2012)
2012-09-26147MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on 9/26/12. (lcckk2) (Entered: 09/26/2012)
2012-09-26Set/Reset Deadlines: DEA must publicly acknowledge the existence of records responsive due by 11/26/2012. (tcb ) (Entered: 09/26/2012)
2012-10-25148MOTION for Extension of Time by JEFFREY NORTH (td, ) (Entered: 10/26/2012)
2012-11-26MINUTE ORDER (paperless). Presently before the Court is the Plaintiff's undated 148 Motion for Extension of Time. The Court received Plaintiff's motion on October 25, 2012, but it appears to concern the briefing schedule for Plaintiff's renewed motion for summary judgment, which the Court granted on September 26, 2012. See 9/26/12 Order, ECF No. 146 . Accordingly, the Plaintiff's motion is DENIED AS MOOT. Signed by Judge Colleen Kollar-Kotelly on 11/26/12. (lcckk2) (Entered: 11/26/2012)
2012-11-26149Second MOTION for Summary Judgment by DRUG ENFORCEMENT ADMINISTRATION, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Exhibit Declaration of William Little)(Campbell, Rhonda) (Entered: 11/26/2012)
2012-11-26150ORDER. The Court must receive the Plaintiff's opposition to the DEA's 149 Second Motion for Summary Judgment by no later than March 1, 2013. The DEA shall file its reply in support of its motion by no later than April 1, 2013. Signed by Judge Colleen Kollar-Kotelly on 11/26/12. (lcckk2) (Entered: 11/26/2012)
2012-11-26151MOTION for Order to establish a briefing schedule by JEFFREY NORTH (td, ) (Entered: 11/28/2012)
2012-11-27Set/Reset Deadlines: Plaintiff's opposition due by 3/1/2013. DEA reply in support of its motion due by 4/1/2013. (tcb) (Entered: 11/27/2012)
2012-11-28152ORDER. Plaintiff's 151 Motion to Establish Briefing Schedule is GRANTED IN PART and otherwise DENIED AS MOOT. The Court must receive the Plaintiff's opposition and cross-motion for summary judgment (if any) by no later than March 1, 2013. The DEA shall file its reply in support of its motion and opposition to the Plaintiff's cross-motion by no later than April 1, 2013. The Court must receive the Plaintiff's reply in support of his cross-motion by no later than May 13, 2013. Signed by Judge Colleen Kollar-Kotelly on 11/28/12. (lcckk2) (Entered: 11/28/2012)
2013-01-14153Second Renewed MOTION for Summary Judgment by JEFFREY NORTH (td, ) (Entered: 01/15/2013)
2013-01-14154Memorandum in opposition to re 149 Second MOTION for Summary Judgment filed by JEFFREY NORTH; (See docket entry no. 153 to view document) (td, ) (Entered: 01/15/2013)
2013-04-01155REPLY to opposition to motion re 153 MOTION for Summary Judgment filed by DRUG ENFORCEMENT ADMINISTRATION, UNITED STATES DEPARTMENT OF JUSTICE. (Campbell, Rhonda) (Entered: 04/01/2013)
2013-05-03156MOTION for Extension of Time to File Response/Reply by JEFFREY NORTH (td, ) (Entered: 05/06/2013)
2013-05-07157ORDER. By no later than May 14, 2013, the DEA shall file an unredacted version of the Second Supplemental Little Declaration on the Docket, or show cause why the declaration should remain under seal. Upon receipt of the DEA's response to this Order, the Court shall mail the Second and Third Supplemental Little Declarations to the Plaintiff and set a date for the Plaintiff to file a reply in support of his cross-motion for summary judgment. Signed by Judge Colleen Kollar-Kotelly on 5/7/13. (lcckk2) (Entered: 05/07/2013)
2013-05-14158RESPONSE TO ORDER TO SHOW CAUSE by DRUG ENFORCEMENT ADMINISTRATION re 157 Order,, Unredacted 2nd Supplemental Little Declaration . (Campbell, Rhonda) (Entered: 05/14/2013)
2013-05-14159ORDER. The Plaintiff's 156 Motion for Extension of Time is GRANTED IN PART and DENIED IN PART. The Plaintiff shall have up to and including June 17, 2013 in which to file a reply in support of his cross-motion for summary judgment. The Clerk of Court shall mail a copy of the Second and Third Supplemental Little Declarations as well as a copy of this Order to the Plaintiff. Signed by Judge Colleen Kollar-Kotelly on 5/14/13. (lcckk2) (Entered: 05/14/2013)
2013-05-14Set/Reset Deadlines: Plaintiff's Reply to Cross Motions due by 6/17/2013. (dot ) (Entered: 05/15/2013)
2013-05-31160NOTICE of Change of Address by JEFFREY NORTH (rdj) (Entered: 06/03/2013)
2013-05-31161MOTION to mail declarations to USP Coleman 1 by JEFFREY NORTH (td, ) (Entered: 06/04/2013)
2013-06-05MINUTE ORDER (paperless). Upon consideration of the Plaintiff's 161 Motion to Mail Declarations to USP Coleman 1, the Plaintiff's motion is GRANTED. The Clerk of Court shall mail a copy of the May 14, 2013, Order, ECF No. 159 , as well as the Second and Third Supplemental Little Declarations to the Plaintiff at his new address of record. Signed by Judge Colleen Kollar-Kotelly on 6/5/13. (lcckk2) (Entered: 06/05/2013)
2013-06-17162MOTION for Extension of Time by JEFFREY NORTH (td, ) (Entered: 06/18/2013)
2013-06-19163ORDER. The Plaintiff's 162 Motion for Extension of Time is DENIED. The Plaintiff shall have up to and including July 5, 2013 in which to file a reply in support of his cross-motion for summary judgment. Signed by Judge Colleen Kollar-Kotelly on 6/19/13. (lcckk2) (Entered: 06/19/2013)
2013-06-19Set/Reset Deadlines: Reply to Cross Motion for Summary Judgment due by 7/5/2013. (dot ) (Entered: 07/02/2013)
2013-06-21164MOTION for Vaughn Index, MOTION for in camera review by JEFFREY NORTH (Attachments: # 1 Exhibit A-G)(td, ) (Entered: 06/27/2013)
2013-07-01165MOTION for Extension of Time to July 15, 2013 to File Response/Reply by JEFFREY NORTH (td, ) (Entered: 07/03/2013)
2013-07-03167REPLY to opposition to motion re 153 MOTION for Summary Judgment filed by JEFFREY NORTH. (rdj) (Entered: 07/08/2013)
2013-07-08166ORDER. The Plaintiff's 165 Motion for Extension of Time is DENIED. The Plaintiff shall have up to and including July 12, 2013, in which to file a reply in support of his cross-motion for summary judgment. NO FURTHER EXTENSIONS SHALL BE GRANTED. Signed by Judge Colleen Kollar-Kotelly on 7/8/13. (lcckk2) (Entered: 07/08/2013)
2013-07-11168ERRATA by JEFFREY NORTH 167 Reply to opposition to Motion filed by JEFFREY NORTH. (td, ) (Entered: 07/16/2013)
2013-07-17169ERRATA by JEFFREY NORTH 167 Reply to opposition to Motion filed by JEFFREY NORTH. (td, ) (Entered: 07/18/2013)
2013-08-27MINUTE ORDER (paperless). In the DEA's 149 Second Renewed Motion for Summary Judgment, the DEA indicates that it withheld information responsive to the Plaintiff's request pursuant to FOIA Exemptions 7(C), 7(D), and 7(F). However, the Third Declaration of William C. Little, attached to the DEA's motion, indicates that "[n]o records responsive to Plaintiffs request were located," and does not contain any discussion of FOIA exemptions. Accordingly, by no later than September 6, 2013, the Government shall file a supplement explaining the apparent discrepancy between the DEA's pleading and the Third Little Declaration. Signed by Judge Colleen Kollar-Kotelly on 8/27/13. (lcckk2) (Entered: 08/27/2013)
2013-09-03170ERRATA by JEFFREY NORTH 167 Reply to opposition to Motion filed by JEFFREY NORTH. (td, ) (Entered: 09/05/2013)
2013-09-06171NOTICE TO THE COURT by DRUG ENFORCEMENT ADMINISTRATION, UNITED STATES DEPARTMENT OF JUSTICE re Order,, (Campbell, Rhonda) (Entered: 09/06/2013)
2013-09-09172ORDER. For the reasons stated in the accompanying Memorandum Opinion, the Drug Enforcement Administration's 149 Second Renewed Motion for Summary Judgment is GRANTED. Judgment is entered in favor of the Drug Enforcement Administration and against the Plaintiff on Count I of the Amended Complaint. The Plaintiff's 153 Second Renewed Cross-Motion for Summary Judgment and 164 Motion for Vaughn Index are DENIED. The Clerk of Court shall close this matter. Signed by Judge Colleen Kollar-Kotelly on 9/9/13. (lcckk2) (Entered: 09/09/2013)
2013-09-09173MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on 9/9/13. (lcckk2) (Entered: 09/09/2013)
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