Case Detail

FOIA Project Annotation: A federal magistrate judge in Oregon has decided that GEO Group, a private prison contractor with the largest share of the market for federal and state prison space, has provided enough evidence to suggest that the disclosure of option prices in contracts it and Corrections Corporation of America (CCA) hold with the Bureau of Prisons may violate Exemption 4 (confidential business information) so that the question should proceed to trial. Magistrate Judge Janice Stewart noted that "based primarily on the submission by GEO Group, BOP has created a genuine issue of material fact as to whether a submitter will likely suffer substantial competitive injury if the withheld information is released. Accordingly an evidentiary hearing is necessary to determine whether BOP may invoke Exemption 4 to protect pricing information, in particular, activation and staffing schedules and option renewal prices." The case stems from a request from Stephen Raher for various BOP contracts with GEO Group, CCA, and others to provide, maintain, and operate private detention facilities for foreign nationals serving criminal sentences imposed by federal courts. In Stewart's first ruling in the case she suggested that BOP had failed to show that there existed actual competition in the market for private prison space for federal prisoners since GEO Group and CCA were so dominant and that cost barriers to entry into the relevant market by other companies were so great. This time around, GEO Group argued that, since contracts were based on the availability of existing facility capacity companies like GEO Group and CCA had to take substantial financial risks by building further capacity, a predicament GEO Group claimed increased opportunities for competition. Stewart responded that "how [GEO Group] concludes that a cost barrier to entry in a market amplifies competition is indeed puzzling. Perhaps there is a keen competition between the companies already in the market, but a significant cost barrier clearly exists to new companies seeking to enter the market. . . [GEO Group] does not explain how small qualified companies without the necessary financial resources to create excess capacity in an existing or new facility would easily enter the corrections market." She pointed out that "only a small number of existing submitters are qualified, available, and capable of providing secure detention facilities and services to BOP." Nevertheless, she indicated that "the record 'supports the conclusion that prison operators compete in the relevant market, at least some of the time' for [criminal alien] contracts and renewals. Thus, BOP has met its burden of showing the existence of actual competition as required by Exemption 4." Stewart then addressed several categories of records the agency had withheld under Exemption 4. One was the agency's past performance evaluation of contractors. Only federal agencies were eligible to receive the evaluations and contractors could obtain only their own evaluations, not those of others. BOP argued the evaluations were protected, but Stewart observed that ''[C]ourts have read the requirement that information "be obtained from a person" to restrict the exemption's application to data which have not been generated within the Government.' An agency's own executive actions are not covered by Exemption 4." Raher indicated that some information BOP was withholding was publicly available under state public records laws. GEO Group argued that Raher must request those records from the states. But Stewart pointed out that "GEO Group misses the point. The fact that the documents are subject to disclosure under Texas law by definition renders them not confidential for purposes of Exemption 4." Stewart remained skeptical about the companies' pricing information. She observed that "this court has serious doubts about whether disclosure of pricing information would cause substantial harm to any submitter." She explained that Raher had put together a chart showing per diem rates in state contracts as compared to those in some federal contracts. She pointed out that "that chart reveals that GEO Group's per diem compensation for [one phase] of [the criminal alien] contract is substantially higher than the state per diem rates and that BOP's pricing structure. . .provides a revenue guarantee not found in the state contracts. Thus, it is unlikely that a bidder would glean any more helpful information from BOP's disclosure of pricing information than from disclosure of the state contracts. Moreover, Raher concludes with some justification that GEO Group and CCA are using the [criminal alien] contracts to cross-subsidize money-losing contracts with state and local governments which is not the type of substantial competitive harm protected by Exemption 4." She added that "it seems unlikely that a competitor would be able to calculate the profit margin from disclosure of the [monthly operating price] and the [fixed incremental unit price] alone. But the additional disclosure of detailed staffing information may allow such a calculation." The agency claimed it could withhold some information under Exemption 3 (other statutes), citing § 423 of the Federal Procurement Policy Act, which restricts disclosure of contractor bid or proposal or source selection information, and § 253b(m) of the National Defense Authorization Act for Fiscal Year 1997, which prohibits disclosure of proposals unless incorporated into a final contract. Stewart found that § 423 applied only to pre-award rather than post-award disclosures and that § 253b(m) did not apply since Raher was seeking only successful proposals. Stewart also questioned the agency's claims under Exemption 7 (law enforcement records). Citing Justice Samuel Alito's concurrence in the Supreme Court's recent decision in Milner v. Dept of Navy, she observed that he defined law enforcement functions as dealing with apprehension of alleged offenders as well as crime detection and prevention. She explained that "nothing in the record reveals that BOP has any apprehension, crime detection or criminal prevention duties beyond its custodial duties. Therefore, after Milner, it is unclear whether BOP still qualifies as a law enforcement agency. However, BOP's primary purpose is to maintain security by housing prisoners, some of whom have been convicted of violent crimes. At best, BOP has both administrative and law enforcement functions and, thus, must demonstrate that each withheld document was compiled for law enforcement purposes." Rejecting the agency's claim of Exemption 7(E) (investigative methods and techniques), she noted that "although BOP has shown that disclosure of information pertaining to 'security electronics,' 'security inspection system,' and staffing vulnerabilities raises security concerns with respect to its custodial functions, it has submitted nothing to explain why the withheld documents pertain to law enforcement functions that are protected from disclosure under Exemption 7(E)." Stewart accepted the agency's claim under Exemption 7(F) (harm to an individual). She pointed out that "BOP may rely on Exemption 7(F) to withhold information in the technical proposals. . .pertaining to physical security plans, blue prints, architectural floor plans, door and key lock specifications, ceiling plans, and any information regarding the internal physical structure of a BOP correctional facility."
Issues: Exemption 4

FOIA Project Annotation: A federal magistrate judge in Oregon has ruled that the Bureau of Prisons should not be sanctioned for its behavior in responding to a request for contracts for private detention facilities to house foreign nationals serving criminal sentences imposed by federal courts. After winning on a number of issues, plaintiff Stephen Raher brought the sanctions motion, based primarily on the admission that Reeves County, Texas, one of the bidders on the federal detention contracts, had publicly disclosed some of its costs, which GEO, another bidder, had consistently claimed were confidential and protected by Exemption 4 (confidential business information). Although Raher alleged the government attorney knew or should have known that the information was public, the magistrate judge accepted the government's claims that it did not find out about the public availability of the information until Raher brought it to its attention in his sanctions motion. The magistrate judge noted that "it is far from evident that the Offering Circular [published by Reeves County] had anything to do with construction of new facilities beyond those required by the contract or that it is the type of 'public information' that requires prior BOP approval. Raher's arguments rest on an unwarranted assumption about the level of BOP's control over Reeves County's quest for financing." Raher also argued the agency should have reviewed all the records and that its use of representative sampling to assess exemption claims was improper. The magistrate judge pointed out that "many of the documents requested by Raher can easily be segregated into groups due to their similarity. As a result, performing a representative sampling is an inherently reasonable method of reviewing documents not only by the court, but also by BOP, its employees and counsel." Raher attacked the affidavit of GEO official Kyle Schiller, who consistently claimed that pricing information was confidential, even though Reeves County made much of it public. The magistrate judge observed that "simply because Reeves County disclosed pricing information in the Offering Circular does not mean that pricing information is not otherwise treated as confidential by the corrections industry. At this point, of the five submitters of successful bids to BOP, only Reeves County has conceded that the pricing information is not confidential based on its public disclosure."
Issues: Litigation - Sanctions

FOIA Project Annotation: A federal court in Oregon has granted Stephen Raher discovery on the issue of whether the Bureau of Prisons violated the Federal Records Act when it destroyed emails that were responsive to his FOIA request concerning contracts for facilities to house convicted foreign nationals. The agency admitted that it routinely deleted email accounts of former employees shortly after they stopped working at the agency. But the agency claimed that the Supreme Court's decision in Kissinger v. Reporters Committee held that an agency was not obligated to retrieve documents it no longer had. But the court noted that "here, unlike Kissinger, Raher seeks documents that the BOP destroyed after receiving his FOIA requests." The agency also argued that Raher did not have a cause of action under the FRA. The court explained that "the lack of a private right of action under the FRA misses the point. Raher is not seeking to use the FRA as a basis for this court's jurisdiction. Instead he is seeking to conduct discovery under the FOIA regarding any applicable record retention policies. That discovery is relevant. . .to the award of attorney fees on whether the BOP has violated the FRA by destroying and, hence, withholding records from production."
Issues: FOIA mentioned only tangentially

FOIA Project Annotation: A federal court in Oregon has ruled that Stephen Raher is entitled to fees for the expert witness he used to rebut the Bureau of Prisons' claims that information in contracts with private detention facilities for foreign nationals serving federal criminal sentences was protected by Exemption 4 (confidential business information). The court indicated that "for whatever reason, BOP apparently relied on its two primary submitters (CCA and GEO Group) to supply reasons for withholding information under Exemption 4 and never thoughtfully re-examined its position in response to the evidence and arguments made by Raher. . .[T]he first Vaughn index did not provide sufficient justification or explanation to adequately analyze the applicability of Exemptions 2 and 4. The additional evidence submitted by BOP in response did not cure this problem, and BOP violated FOIA's segregability requirement by withholding entire documents (including tables of contents) merely because parts of them contained pricing information." Affirming Raher's request for $21,393, the court observed that "BOP no doubt had many other more important matters to manage, but its refusal or inability to communicate or cooperate with Raher and the court has unreasonably prolonged these proceedings."
Issues: Litigation - Recovery of Costs, Exemption 4 - Confidential business information

FOIA Project Annotation: Resolving the remaining issues in a case brought by Stephen Raher against the Bureau of Prisons concerning various contracts, the court found that a handful of documents were protected by Exemption 5 (privileges).
Issues: Exemption 5 - Privileges

Date Filed	Doc #	Docket Text
2009-05-13	1	Complaint. Filing Fee in amount of $350 collected. Receipt No. 26885 issued. Summons issued as to Federal Bureau of Prisons c/o U.S. Attorney, Federal Bureau of Prisons, c/o Attorney General, Federal Bureau of Prisons, c/o Dept of Justice and Federal Bureau of Justice. Jury Trial Requested: No.Filed by Stephen Raher against Federal Bureau of Prisons. (ecp) (Entered: 05/14/2009)
2009-05-13	2	Discovery and Pretrial Scheduling Order and Notice of Case Assignment to Magistrate Judge Janice M. Stewart. Discovery is to be completed by 9/14/2009. Joint Alternate Dispute Resolution Report is due by 10/13/2009. Pretrial Order is due by 10/13/2009. Ordered by Magistrate Judge Janice M. Stewart. (ecp) (Entered: 05/14/2009)
2009-06-02	3	Unopposed Motion for Extension of Time to Answer. Filed by Federal Bureau of Prisons. (Danielson, Kevin) (Entered: 06/02/2009)
2009-06-03	4	ORDER: Granting Motion for Extension of Time to Answer 3 . Answer is due by 6/12/2009. Ordered by Magistrate Judge Janice M. Stewart. (da) (Entered: 06/03/2009)
2009-06-12	5	Answer to Complaint. Filed by Federal Bureau of Prisons. (Danielson, Kevin) (Entered: 06/12/2009)
2009-09-10	6	Unopposed Motion to Modify Court-Imposed Deadlines. Filed by Stephen Raher. (mkk) (Entered: 09/15/2009)
2009-09-16	7	Record of ORDER by Magistrate Judge Janice M. Stewart: Granting Plaintiff's Unopposed Motion to Modify Court-Imposed Deadlines, # 6 . ORDER: Discovery is to be completed by 10/26/2009. Dispositive Motions are due by 10/26/2009. Joint Alternate Dispute Resolution Report is due by 11/24/2009. Pretrial Order is due by 11/24/2009. (da) (Entered: 09/16/2009)
2009-10-23	8	Unopposed Motion for Extension of Discovery & PTO Deadlines Defendant's First Unopposed Motion for Extension of Time . Filed by Federal Bureau of Prisons. (Danielson, Kevin) (Entered: 10/23/2009)
2009-10-26	9	Record of ORDER by Magistrate Judge Janice M. Stewart: Granting Defendant's First Unopposed Motion for Extension of Time, # 8 . ORDER: Discovery is to be completed by 11/25/2009. Dispositive Motions are due by 11/25/2009. Joint Alternate Dispute Resolution Report is due by 12/24/2009. Pretrial Order is due by 12/24/2009. (da) (Entered: 10/26/2009)
2009-11-24	10	Second Unopposed Motion to Modify Court Imposed Deadlines. Filed by Stephen Raher. (mkk) (Entered: 11/30/2009)
2009-11-30	11	Record of ORDER by Magistrate Judge Janice M. Stewart: Granting Plaintiff's Unopposed Second Motion to Modify Court Imposed Deadlines, # 10 . ORDER: Discovery is to be completed by 3/25/2010. Dispositive Motions are due by 3/25/2010. Joint Alternate Dispute Resolution Report is due by 4/23/2010. Pretrial Order is due by 4/23/2010. (da) (Entered: 11/30/2009)
2010-01-06	12	Motion to Compel Discovery. Filed by Stephen Raher. (mkk) (Entered: 01/08/2010)
2010-01-06	13	Memorandum in Support of Plaintiff's Motion to Compel Discovery. Filed by Stephen Raher. (Related document(s): Motion to compel 12 .) (mkk) (Entered: 01/08/2010)
2010-01-06	14	Declaration of Stephen Raher in Support of Plaintiff's Motion to Compel Discovery. Filed by Stephen Raher. (Related document(s): Motion to compel 12 .) (Attachments: # 1 Attachment Continuation of document, # 2 Attachment Complete document) (mkk) (Entered: 01/08/2010)
2010-01-11	15	Record of Order by Magistrate Judge Janice M. Stewart: Setting Plaintiff's Motion to Compel Discovery, # 12 , for telephone Oral Argument before Judge Stewart on 2/4/2010 at 09:30AM. The court will initiate the conference call. (da) (Entered: 01/11/2010)
2010-01-15	16	Response to Motion to Compel 12 . Filed by Federal Bureau of Prisons. (Danielson, Kevin) (Entered: 01/15/2010)
2010-01-15	17	Declaration of Kevin Danielson. Filed by Federal Bureau of Prisons. (Related document(s): Response to Motion 16 .) (Danielson, Kevin) (Entered: 01/15/2010)
2010-01-15	18	Declaration of LeeAnn Tufte. Filed by Federal Bureau of Prisons. (Related document(s): Response to Motion 16 .) (Danielson, Kevin) (Entered: 01/15/2010)
2010-01-27	19	Plaintiff's Unopposed Motion for Leave to File a Reply, with Certificate of Service for Motion and Reply. Filed by Stephen Raher. (da) (Entered: 01/27/2010)
2010-01-27	20	Plaintiff's Reply to Defendant's Opposition to Motion to Compel, # 12 . Filed by Stephen Raher. (da) (Entered: 01/27/2010)
2010-01-28	21	Record of ORDER by Magistrate Judge Janice M. Stewart: Granting Plaintiff's Unopposed Motion for Leave to File a Reply, # 19 . (da) (Entered: 01/28/2010)
2010-02-04	22	MINUTES of Proceedings for February 4, 2010 motion hearing regarding Plaintiff's Motion to Compel Discovery 12 : ORDER: Denying Plaintiff's Motion to Compel Discovery 12 as follows: Denying as moot Request No. 1 for Production of Documents and denying all other discovery requests with leave to renew as necessary after the filing of defendant's summary judgment motion. Steven Raher (pro se) present as counsel for plaintiff(s). Kevin C. Danielson present as counsel for defendant(s). Court Reporter: n/a. Tape No: n/a.Magistrate Judge Janice M. Stewart presiding. (Related document(s): Motion to compel 12 .) (stewart2, ) (Entered: 02/04/2010)
2010-02-04	23	Scheduling Order by Magistrate Judge Janice M. Stewart. ORDER: Setting dispositive motion schedule as follows: Defendant's motion for summary judgment is due by 3/25/2010. Plaintiff's response and cross-motion for summary judgment are due by 4/15/2010. Defendant's response/reply are due by 5/6/2010. Plaintiff's final reply is due by 5/20/2010. ORDER: Written consents to a magistrate judge (if any) are due by 3/25/2010. ORDER: Waiving Local Rule 56-1(a)(2) requiring a Concise Statement of Material Facts supporting a motion for summary judgment. However, if the moving party elects to file a Concise Statement of Material Facts, then the responding party will have to comply with LR 56-1(b) & (c) or risk having the moving party's material facts deemed admitted under LR 56-1(f). NOTICE TO COUNSEL: Pursuant to Local Rule 7-1(a)(1), the party filing a motion must certify in the first paragraph of the motion that:(A)The parties made a good faith effort through personal or telephone conferences to resolve the dispute, and have been unable to do so; or(B)The opposing party willfully refused to confer. The court may deny any motion that fails to include this certification. Pursuant to Local Rule 100-7(a), parties must file paper copies of dispositive motions, motions for injunctive relief, and any documents in excess of five (5) pages (including responses and replies to motions, as wells as attachments, exhibits, affidavits or declarations), marked as a JUDGES COPY, by delivering them to the Clerk's Office within three (3) days after the electronic filing. Parties are encouraged to submit all documents in an organized fashion, preferably 3-hole punched on the side and, if voluminous, in binders.Ordered by Magistrate Judge Janice M. Stewart. (stewart2, ) (Entered: 02/04/2010)
2010-02-04	24	Record of Order by Magistrate Judge Janice M. Stewart: Waiving the Joint Alternate Dispute Resolution Report and Pretrial Order due dates. (da) (Entered: 02/04/2010)
2010-03-25	25	Joint Motion for Extension of Time. Filed by Federal Bureau of Prisons. (Danielson, Kevin) (Entered: 03/25/2010)
2010-03-26	26	Record of ORDER by Magistrate Judge Janice M. Stewart: Granting Joint Motion for Extension of Time, # 25 . ORDER: Dispositive Motions are due by 3/26/2010. (da) (Entered: 03/26/2010)
2010-03-26	27	Full Consent by all Parties to Jurisdiction by US Magistrate Judge. (mkk). See Notice, # 70 , for Magistrate Consent by Defendant Intervenor, The Geo Group. Modified on 11/9/2010 (da). (Entered: 03/26/2010)
2010-03-26	28	Motion for Summary Judgment. Filed by Federal Bureau of Prisons. (Danielson, Kevin) (Entered: 03/26/2010)
2010-03-26	29	Memorandum in Support Of Defendant's Motion for Summary Judgment . Filed by Federal Bureau of Prisons. (Related document(s): Motion for Summary Judgment 28 .) (Danielson, Kevin) (Entered: 03/26/2010)
2010-03-26	30	Declaration of LeeAnn Tufte. Filed by Federal Bureau of Prisons. (Related document(s): Motion for Summary Judgment 28 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Danielson, Kevin) (Entered: 03/26/2010)
2010-03-26	31	Declaration of Ben Erwin. Filed by Federal Bureau of Prisons. (Related document(s): Motion for Summary Judgment 28 .) (Danielson, Kevin) (Entered: 03/26/2010)
2010-03-29	32	Record of Order by Magistrate Judge Janice M. Stewart: Setting Defendant's Motion for Summary Judgment, # 28 , to be taken under advisement by Judge Stewart on 6/1/2010. ORDER: When submitting dispositive motions and memoranda to the Court, the parties shall either submit (in a format compatible with Word Perfect - and NOT PDF) a disk containing their motions and memoranda, excluding exhibits, or send copies by e-mail to Donna_Ausbie@ord.uscourts.gov. A MOTION, RESPONSE, OR REPLY WHICH FAILS TO COMPLY WITH THIS ORDER WILL BE STRICKEN. (da) (Entered: 03/29/2010)
2010-04-15	33	Plaintiff's Motion for Partial Summary Judgment. Oral Argument requested. Filed by Stephen Raher. (da) (Entered: 04/21/2010)
2010-04-15	34	Memorandum in Support of Plaintiff's Motion for Partial Summary Judgment. Filed by Stephen Raher. (Related document(s): Motion for Partial Summary Judgment 33 .) (da) (Entered: 04/21/2010)
2010-04-15	35	Declaration of Stephen Raher in Support of Plaintiff's Motion for Partial Summary Judgment. Filed by Stephen Raher. (Related document(s): Motion for Partial Summary Judgment 33 .) (Attachments: # 1 Raher Decl - File 2, # 2 Raher Decl - File 3, # 3 Raher Decl - File 4) (da) (Entered: 04/21/2010)
2010-04-15	36	Declaration of Tom Barry (Not an Original Signature). Filed by Stephen Raher. (Related document(s): Motion for Partial Summary Judgment 33 .) (da) (Entered: 04/21/2010)
2010-04-15	37	Declaration of Judith Greene (Not an Original Signature). Filed by Stephen Raher. (Related document(s): Motion for Partial Summary Judgment 33 .) (da) (Entered: 04/21/2010)
2010-04-15	38	Response in Opposition to Defendant's Motion for Summary Judgment 28 Oral Argument requested. Filed by Stephen Raher. (Attachments: # 1 Certificate of Service) (da) (Entered: 04/21/2010)
2010-04-21	39	Record of Order by Magistrate Judge Janice M. Stewart: Setting Plaintiff's Motion for Partial Summary Judgment, # 33 , for Oral Argument before Judge Stewart on 6/1/2010 at 09:30AM in Judge Stewart's Courtroom. ORDER: Resetting Defendant's Motion for Summary Judgment, # 28 , from under advisement on 6/1/2010 to oral argument before Judge Stewart on 6/1/2010 at 9:30 AM in Judge Stewart's Courtroom. (da) (Entered: 04/21/2010)
2010-05-06	40	Unopposed Motion for Extension of Time. Filed by Federal Bureau of Prisons. (Danielson, Kevin) (Entered: 05/06/2010)
2010-05-07	41	Response Defendant's Combined Response to Plaintiff's Motion for Summary Judgment and Reply Brief to Motion for Partial Summary Judgment 33 . Filed by Federal Bureau of Prisons. (Danielson, Kevin) (Entered: 05/07/2010)
2010-05-11	42	Record of ORDER by Magistrate Judge Janice M. Stewart: Granting Defendant's Unopposed Motion for Extension of Time, # 40 , of one day, to 5/7/2010 to respond to Plaintiff's motion for Summary Judgment and reply to its Motion for Summary Judgment. (da) (Entered: 05/11/2010)
2010-05-20	43	Plaintiff's Reply to Defendant's Combined Response/Reply Brief. Filed by Stephen Raher. (Related document(s): Response to Motion 41 .) (mkk) (Entered: 05/21/2010)
2010-06-01	44	MINUTES of Proceedings: Motion Hearing Held regarding Defendant's Motion for Summary Judgment, # 28 , and Plaintiff's Motion for Partial Summary Judgment, # 33 . Motions are taken under advisement as of 6/1/2010. See attached minutes for rulings from court proceedings. Stephen Raher (pro se) present as counsel for plaintiff. Kevin Danielson present as counsel for defendant. Court Recorder: D. Ausbie. Tape No: FTR 06.01.10. Magistrate Judge Janice M. Stewart presiding. (Related document(s): Motion for Summary Judgment 28 , Motion for Partial Summary Judgment 33 .) (da) (Entered: 06/01/2010)
2010-06-01	45	Exhibit R to Declaration of Stephen Raher in Support of Plaintiff's Motion for Partial Summary Judgment. Filed by Stephen Raher. (Related document(s): Motion for Partial Summary Judgment 33 .) (da) (Entered: 06/02/2010)
2010-06-15	46	Reply Defendant's Response to Plaintiff's Argument at Hearing on Summary Judgment to Motion for Partial Summary Judgment 33 . Filed by Federal Bureau of Prisons. (Danielson, Kevin) (Entered: 06/15/2010)
2010-08-30	47	Notification of Change of Contact Information.Filed by Stephen Raher (eo) (Entered: 09/01/2010)
2010-09-02	48	OPINION AND ORDER: Deferring Ruling on Plaintiff's Motion for Partial Summary Judgment 33 ); Denying Defendant's Motion for Summary Judgment 28 . Defendant is order to submit additional evidence and explanation for withholding information responsive to plaintiff's FOIA request on or before November 5, 2010. See attached for details. Signed on 9/2/2010 by Magistrate Judge Janice M. Stewart. (ST) (Entered: 09/02/2010)
2010-09-30	49	Joint Stipulation Regarding Opinion and Order by Federal Bureau of Prisons. Filed by Federal Bureau of Prisons. (Danielson, Kevin) (Entered: 09/30/2010)
2010-10-14	50	Motion to Intervene as of Right . ORAL ARGUMENT requested. Filed by The GEO Group, Inc.. (Rohner, Joseph) (Entered: 10/14/2010)
2010-10-14	51	Memorandum in Support of its Motion to Intervene as of Right . Filed by The GEO Group, Inc.. (Related document(s): Motion to intervene 50 .) (Rohner, Joseph) (Entered: 10/14/2010)
2010-10-14	52	Corporate Disclosure Statement Rule 7.1 Disclosure . Filed by The GEO Group, Inc.. (Rohner, Joseph) (Entered: 10/14/2010)
2010-10-14	53	Motion for Leave to Appear Pro Hac Vice Robert P. Charrow . Filed by The GEO Group, Inc.. (Rohner, Joseph) Modified on 10/19/2010 (ljl). (Entered: 10/14/2010)
2010-10-14	54	Motion for Leave to Appear Pro Hac Vice David Paul Goodwin . Filed by The GEO Group, Inc.. (Rohner, Joseph) Modified on 10/19/2010 (ljl). (Entered: 10/14/2010)
2010-10-15	55	Scheduling Order by Magistrate Judge Janice M. Stewart: Setting The Geo Group, Inc.'s Motion to Intervene as of Right , # 50 , for telephone Oral Argument before Judge Stewart on 11/3/2010 at 09:30AM. The court will initiate the conference call to counsel. ORDER: Response is due by 10/25/2010. Reply is due by 11/1/2010. (da) (Entered: 10/15/2010)
2010-10-19	56	Order Granting Application for Special Admission Pro Hac Vice of Robert P. Charrow for The GEO Group, Inc.. Application Fee in amount of $100 collected. Receipt No. 36527 issued. Signed on 10/19/10 by Magistrate Judge Janice M. Stewart. (ljl) (Entered: 10/19/2010)
2010-10-19	57	Order Granting Application for Special Admission Pro Hac Vice of David Paul Goodwin for The GEO Group, Inc.. Application Fee in amount of $100 collected. Receipt No. 36529 issued. Signed on 10/19/10 by Magistrate Judge Janice M. Stewart. (ljl) (Entered: 10/19/2010)
2010-10-25	58	Plaintiff's Response to GEO Group's Motion to Intervene. Filed by Stephen Raher. (Related document(s): Motion to intervene 50 .) (dmd) (Entered: 10/25/2010)
2010-10-29	59	Reply in Support of to Motion to Intervene as of Right 50 . Filed by The GEO Group, Inc.. (Rohner, Joseph) (Entered: 10/29/2010)
2010-11-03	60	MINUTES of Proceedings: Motion Hearing Held before Magistrate Judge Janice M. Stewart on The Geo Group, Inc.'s Motion to Intervene as of Right, # 50 . ORDER: For the reasons stated on the record, GRANTING The GEO Group, Inc.'s Motion to Intervene, # 50 , through permissive intervention under FRCP 24(b). ORDER: On or before November 5, 2010, the GEO Group shall join in the Answer filed by Defendant, file its written consent to a Magistrate Judge, and submit its evidence and explanation for withholding information under Exemption 4 responsive to Plaintiff's FOIA request. Stephen Raher, Present, Plaintiff pro se. Kevin Danielson, Present as counsel for Federal Bureau of Prisons. David Goodwin, Joseph Rohner, and Robert Charrow, Present as counsel for Intervenor Defendant The Geo Group, Inc. Tape No: FTR 11.03.10. Magistrate Judge Janice M. Stewart presiding. (Related document(s): Motion to intervene 50 .) (da) (Entered: 11/03/2010)
2010-11-05	61	Declaration of Kyle Schiller providing evidence in support of Motion to Intervene, as ordered by court in Minutes dated 11/3/10. . Filed by The GEO Group, Inc.. (Related document(s): Motion Hearing Held,,, 60 .) (Rohner, Joseph) (Entered: 11/05/2010)
2010-11-05	62	Certificate of Service by The GEO Group, Inc. of Declaration 61 Filed by The GEO Group, Inc.. (Rohner, Joseph) (Entered: 11/05/2010)
2010-11-05	63	Notice re Answer to Amended Complaint 5 and Certificate of Service Filed by The GEO Group, Inc. (Related document(s): Answer to Amended Complaint 5 .) (Rohner, Joseph) (Entered: 11/05/2010)
2010-11-05	64	Supplement Defendant's Supplemental Response . Filed by Federal Bureau of Prisons. (Related document(s): Order on motion for partial summary judgment, Order on motion for summary judgment,, 48 .) (Danielson, Kevin) (Entered: 11/05/2010)
2010-11-05	65	Declaration of Leeann Tufte Second Supplemental Declaration of LeeAnn Tufte . Filed by Federal Bureau of Prisons. (Related document(s): Supplement 64 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Danielson, Kevin) (Entered: 11/05/2010)
2010-11-05	66	Declaration of Cole Carter. Filed by Federal Bureau of Prisons. (Related document(s): Supplement 64 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Danielson, Kevin) (Entered: 11/05/2010)
2010-11-05	67	Declaration of Michael Prater. Filed by Federal Bureau of Prisons. (Related document(s): Supplement 64 .) (Danielson, Kevin) (Entered: 11/05/2010)
2010-11-05	68	Declaration of Matthew D. Nace. Filed by Federal Bureau of Prisons. (Related document(s): Supplement 64 .) (Danielson, Kevin) (Entered: 11/05/2010)
2010-11-05	69	Declaration of Thomas Smith. Filed by Federal Bureau of Prisons. (Related document(s): Supplement 64 .) (Danielson, Kevin) (Entered: 11/05/2010)
2010-11-05	70	NOTICE: The GEO Group, Inc.'s Consent to Magistrate Judge. Filed by The GEO Group, Inc., Defendant-Intervenor. (dmd) (Entered: 11/09/2010)
2010-11-17	71	Scheduling Order by Magistrate Judge Janice M. Stewart. At the request of Plaintiff, a telephone Status Conference is set before Judge Stewart on 11/24/2010 at 10:00AM. The court will initiate the conference call. (da) (Entered: 11/17/2010)
2010-11-22	72	Amended Complaint.Filed by Stephen Raher against Federal Bureau of Prisons, The GEO Group, Inc.. (dmd) (Entered: 11/22/2010)
2010-11-22	73	Notice of Amended Pleading. Filed by Stephen Raher. (dmd) (Entered: 11/22/2010)
2010-11-24	74	MINUTES of Proceedings: Record of Telephone Scheduling Conference. Plaintiffs response to the submissions of 11/5/2010 by defendant BOP and intervenor defendant GEO is due on 1/28/11. Replies by BOP and GEO are due on 2/18/11. The pending summary judgment motion shall be deemed to apply to the claims alleged in the First Amended Complaint. BOP and GEO shall file answers or responsive motions to the First Amended Complaint by 12/9/2010. If responsive motions are filed, plaintiffs response is due by 12/27/2010 and replies by BOP and GEO are due by 1/13/2011. Oral argument on responsive motions is set before Judge Stewart on 1/19/2011 at 9:30 AM in Portland. Stephen Raher (pro se) present for plaintiff. Kevin Danielson, David Goodwin, Robert Charrow, and Ryan McLellan present as counsel for defendants. Magistrate Judge Janice M. Stewart presiding. (da) (Entered: 11/24/2010)
2010-12-03	75	Transcript Designation and Order Form for the hearing held on 6/1/2010 before Judge Stewart. Court Recorder: Donna Ausbie. Tape Number: FTR 06.01.10.. Filed by Stephen Raher. Transcript is due by 1/6/2011. (dmd) (Entered: 12/03/2010)
2010-12-09	76	Answer to 72 Amended Complaint. Filed by Federal Bureau of Prisons. (Danielson, Kevin) (Entered: 12/09/2010)
2010-12-09	77	Motion to Dismiss or Transfer Plaintiff's Amended Complaint . Oral Argument requested. Filed by The GEO Group, Inc.. (Rohner, Joseph) (Entered: 12/09/2010)
2010-12-09	78	Memorandum in Support of Motion to Dismiss or Transfer the Amended Complaint . Filed by The GEO Group, Inc.. (Related document(s): Motion to Dismiss 77 .) (Rohner, Joseph) (Entered: 12/09/2010)
2010-12-13	79	Scheduling Order by Magistrate Judge Janice M. Stewart: Setting The Geo Group, Inc.'s Motion to Dismiss or Transfer Plaintiff's Amended Complaint , # 77 , for telephone Oral Argument before Judge Stewart on 1/19/2011 at 09:30 AM. The court will initiate the conference call. ORDER: When submitting dispositive motions and memoranda to the Court, the parties shall either submit (in a format compatible with Word Perfect - and NOT PDF) a disk containing their motions and memoranda, excluding exhibits, or send copies by e-mail to Donna_Ausbie@ord.uscourts.gov. A MOTION, RESPONSE, OR REPLY WHICH FAILS TO COMPLY WITH THIS ORDER WILL BE STRICKEN. (da) (Entered: 12/13/2010)
2010-12-27	80	Plaintiff's Response to Defendant-Intervenor Geo Group's Motion to Dismiss or Transfer Plaintiff's Amended Complaint 77 oral argument requested. Filed by Stephen Raher. (dmd) (Entered: 12/28/2010)
2010-12-27	81	Declaration of Stephen Raher in Support of Plaintiff's Opposition to Geo Group's Motion to Dismiss or Transfer Plaintiff's Amended Complaint. Filed by Stephen Raher. (Related document(s): Response to Motion 80 .) (Attachments: # 1 Attachment Exhibit A, # 2 Attachment Exhibit B, # 3 Attachment Exhibit C, # 4 Attachment Exhibit D, # 5 Attachment Exhibit E, # 6 Attachment Exhibit F, # 7 Attachment Exhibit G) (dmd) (Entered: 12/28/2010)
2011-01-06	82	OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on June 1, 2010 before Judge Janice M. Stewart, Transcriber Amanda M. LeGore, telephone number 503-326-8184. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov . Notice of Intent to Redact Transcript is due by 1/18/2011. Redaction Request due 1/31/2011. Redacted Transcript Deadline set for 2/10/2011. Release of Transcript Restriction set for 4/11/2011. (LeGore, Amanda) (Entered: 01/06/2011)
2011-01-12	83	Motion for Leave to Appear Pro Hac Vice -Joseph John Summerill IV . Filed by The GEO Group, Inc.. (Rohner, Joseph) (Entered: 01/12/2011)
2011-01-13	84	Brief (Reply) in Support of Motion to Dismiss or Transfer the Amended Complaint . Filed by The GEO Group, Inc.. (Related document(s): Motion to Dismiss 77 .) (Rohner, Joseph) (Entered: 01/13/2011)
2011-01-13	86	Order - Granting Application for Special Admission Pro Hac Vice of Joseph John Summerill, IV for The GEO Group, Inc.. Application Fee in amount of $100 collected. Receipt No. 38108 issued. Signed on 1/13/2011 by Magistrate Judge Janice M. Stewart. (ecp) (Entered: 01/14/2011)
2011-01-14	85	Order by Magistrate Judge Janice M. Stewart: Denying Plaintiff's request for in person oral argument on the caption of his response, # 80 , to the Motion to Dismiss. The hearing is confirmed for oral argument BY TELEPHONE on Wednesday, 1/19/2011 at 9:30 AM. The court will initiate the conference call to counsel. (da) (Entered: 01/14/2011)
2011-01-14	87	Clerk's Notice of Mailing to Stpehen Raher regarding Order on Application for special admission pro hac vice for attorney Joseph Summerill, 86 . (ecp) (Entered: 01/14/2011)
2011-01-18	88	Plaintiff's Request to Become a Registered CM/ECF User. Filed by Stephen Raher. (dmd) (Entered: 01/19/2011)
2011-01-19	89	ORDER: Granting Plaintiff's Request, # 88 , to become a Registered CM/ECF User. See Order. Signed on 1/18/2011 by Magistrate Judge Janice M. Stewart. (da) Modified on 1/19/2011 (da). (Entered: 01/19/2011)
2011-01-19	90	Order for Administrative Correction of the Record regarding Order on Request, # 89 , to Become a Registered CM/ECF User. A Clerical error has been discovered in the case record. In accordance with Fed. R. Civ. P. 60(a), the Clerk is directed to make the following administrative corrections to the record and to notify all parties accordingly. The record is corrected to reflect the correct file date of 1/19/2011. (da) (Entered: 01/19/2011)
2011-01-19	91	MINUTES of Proceedings: Telephone oral argument held regarding The Geo Group, Inc.'s Motion to Dismiss, # 77 . ORDER: Motion is taken under advisement as of 1/19/2011. Stephen Raher, pro se present as counsel for plaintiff(s). Kevin Danielson, David Goodwin, Robert Charrow, Joseph Rohner present as counsel for defendant(s). Tape No: FTR 01.19.11.Magistrate Judge Janice M. Stewart presiding. (Related document(s): Motion to Dismiss 77 .) (da) (Entered: 01/19/2011)
2011-01-20	92	Motion for Leave (titled by filer "Plaintiff's Unopposed Motion for Leave to Submit an Over-Length Brief"). Filed by Stephen Raher. (gw) (Entered: 01/21/2011)
2011-01-24	93	ORDER by Magistrate Judge Janice M. Stewart: Granting Plaintiff's Unopposed Motion for Leave to Submit an Over-length Brief, # 92 . (da) (Entered: 01/24/2011)
2011-01-24	94	Order signed on 1/18/2011 by Judge Janice M. Stewart: Directing the Clerk to establish an account in CM/ECF for plaintiff, Stephen Raher, with an original of his signature, acknowledging that he has obtained a PACER account and additional software as necessary to file, receive and view documents in the CM/ECF system. Filed by Stephen Raher. (dmd) Modified on 1/26/2011 (da). (Entered: 01/25/2011)
2011-01-26	95	Order for Administrative Correction of the Record regarding document, # 94 filed by Stephen Raher. A Clerical error has been discovered in the case record. In accordance with Fed. R. Civ. P. 60(a), the Clerk is directed to make the following administrative corrections to the record and to notify all parties accordingly. The document is an Order signed by Judge Stewart and is corrected to reflect the correct title of the document. (da) (Entered: 01/26/2011)
2011-01-28	96	Supplemental Memorandum in Support. Filed by Stephen Andrew Raher. (Related document(s): Motion for Partial Summary Judgment 33 .) (Raher, Stephen) (Entered: 01/28/2011)
2011-01-28	97	Supplemental Declaration of Stephen Raher in Support of Plaintiff's Motion for Partial Summary Judgment . Filed by Stephen Andrew Raher. (Related document(s): Motion for Partial Summary Judgment 33 .) (Attachments: # 1 Exhibit A-I, # 2 Exhibit J-R) (Raher, Stephen) (Entered: 01/28/2011)
2011-01-28	98	Declaration of Bryce Ward. Filed by Stephen Andrew Raher. (Raher, Stephen) (Entered: 01/28/2011)
2011-01-28	99	Declaration of Kenneth Kopczynski. Filed by Stephen Andrew Raher. (Raher, Stephen) (Entered: 01/28/2011)
2011-01-28	100	Certificate of Service by Stephen Andrew Raher re: Supplemental Memorandum and Supporting Declarations Filed by Stephen Andrew Raher. (Raher, Stephen) (Entered: 01/28/2011)
2011-02-02	101	ORDER: Granting GEO's Motion to Dismiss 77 . Accordingly, the Second and Third Claims are dismissed. Signed on 2/2/2011 by Magistrate Judge Janice M. Stewart. (ST) (Entered: 02/02/2011)
2011-02-18	102	Unopposed Motion for Extension of Time. Filed by Federal Bureau of Prisons. (Danielson, Kevin) (Entered: 02/18/2011)
2011-02-18	103	Reply to Plaintiff's Supplemental Memorandum in Support of to Motion for Partial Summary Judgment 33 . Filed by The GEO Group, Inc.. (Rohner, Joseph) (Entered: 02/18/2011)
2011-02-18	104	Declaration of David Goodwin in Support of Reply to Plaintiff's Supplemental Memorandum in Support of Plaintiff's Motion for Partial Summary Judgment . Filed by The GEO Group, Inc.. (Related document(s): Memorandum in Support 96 .) (Rohner, Joseph) (Entered: 02/18/2011)
2011-02-22	105	ORDER by Magistrate Judge Janice M. Stewart: Granting Defendant Federal Bureau of Prison's Unopposed Motion for Extension of Time to File Reply Brief, # 102 . ORDER: Defendant's Sur-Reply is due by 2/22/2011. (da) (Entered: 02/22/2011)
2011-02-22	106	Reply Defendant Federal Bureau of Prison's Reply to Plaintiff's Supplemental Memorandum in Support to Motion for Partial Summary Judgment 33 . Filed by Federal Bureau of Prisons. (Danielson, Kevin) (Entered: 02/22/2011)
2011-02-23	107	ORDER by Magistrate Judge Janice M. Stewart: Taking Under Advisement, Plaintiff's Motion for Partial Summary Judgment, # 33 . (da) (Entered: 02/23/2011)
2011-02-23	108	Motion for Leave to File a Reply . Filed by Stephen Andrew Raher. (Raher, Stephen) (Entered: 02/23/2011)
2011-02-23	109	Certificate of Service by Stephen Andrew Raher of Motion for Leave to File a Reply 108 Filed by Stephen Andrew Raher. (Raher, Stephen) (Entered: 02/23/2011)
2011-02-24	110	Scheduling Order by Magistrate Judge Janice M. Stewart: Setting Plaintiff's Motion for Leave to File a Reply , # 108 , to be taken under advisement by Judge Stewart on 3/2/2011. ORDER: Any response from The Geo Group is due by 3/2/2011. (da) (Entered: 02/24/2011)
2011-03-01	111	Response in Opposition to Motion for Leave to File a Reply 108 . Filed by The GEO Group, Inc.. (Rohner, Joseph) (Entered: 03/01/2011)
2011-03-04	112	ORDER: Granting Plaintiff's Motion for Leave to file a reply to GEO's response on or before 3/18/2011 108 . Signed on 3/4/2011 by Magistrate Judge Janice M. Stewart. (ST) (Entered: 03/04/2011)
2011-03-08	113	Notice Correspondence to Judge Stewart Filed by Stephen Andrew Raher (Raher, Stephen) (Entered: 03/08/2011)
2011-03-15	114	Reply to GEO Group's Response to Motion for Partial Summary Judgment 33 . Filed by Stephen Andrew Raher. (Raher, Stephen) (Entered: 03/15/2011)
2011-03-18	115	Motion to Amend/Correct Defendant Federal Bureau of Prisons Motion to Amend Vauhn Index . Filed by Federal Bureau of Prisons. (Danielson, Kevin) (Entered: 03/18/2011)
2011-03-18	116	Memorandum in Support of Defendant's Motion to Amend Vaughn Index . Filed by Federal Bureau of Prisons. (Related document(s): Motion to Amend/Correct 115 .) (Danielson, Kevin) (Entered: 03/18/2011)
2011-03-21	117	Response in Opposition to Motion to Amend/Correct Defendant Federal Bureau of Prisons Motion to Amend Vauhn Index 115 . Filed by Stephen Andrew Raher. (Raher, Stephen) (Entered: 03/21/2011)
2011-03-21	118	Order by Magistrate Judge Janice M. Stewart: Setting Defendant Federal Bureau of Prisons Motion to Amend Vauhn Index , # 115 , to be taken under advisement by Judge Stewart on 4/11/2011. (da) (Entered: 03/21/2011)
2011-03-25	119	Order by Magistrate Judge Janice M. Stewart: Granting the Plaintiff's request for oral argument on the Defendant Federal Bureau of Prisons Motion to Amend Vauhn Index , # 115 , and resetting the motion from under advisement on 4/11/2011 to telephone Oral Argument before Judge Stewart on 4/11/2011 at 09:30AM. The court will initiate the conference call to counsel. (da) (Entered: 03/25/2011)
2011-03-29	120	Notice Regarding Its Answer to Plaintiff's FOIA Claim Filed by The GEO Group, Inc. (Rohner, Joseph) (Entered: 03/29/2011)
2011-04-04	121	Reply Defendant Federal Bureau of Prison's Reply in Support Of Motion to Amend Vaughn Index to Motion to Amend/Correct Defendant Federal Bureau of Prisons Motion to Amend Vauhn Index 115 . Filed by Federal Bureau of Prisons. (Danielson, Kevin) (Entered: 04/04/2011)
2011-04-05	122	ORDER: Denying Defendant BOP's Motion to Amend/Correct 115 . BOP may release any information that may no longer be protected under Exemption 2 without further revising its Vaughn Index. Oral argument is stricken. Signed on 4/5/2011 by Magistrate Judge Janice M. Stewart. (ST) (Entered: 04/05/2011)
2011-04-12	123	Motion to Compel Production under 5 USC 552(a)(4)(B) . Filed by Stephen Andrew Raher. (Raher, Stephen) (Entered: 04/12/2011)
2011-04-12	124	Declaration of Stephen Raher in Support of Plaintiff's Motion to Compel Production . Filed by Stephen Andrew Raher. (Related document(s): Motion to compel 123 .) (Raher, Stephen) (Entered: 04/12/2011)
2011-04-13	125	Scheduling Order by Magistrate Judge Janice M. Stewart: Setting Plaintiff's Motion to Compel Production under 5 USC 552(a)(4)(B) , # 123 , to be taken under advisement by Judge Stewart on 5/2/2011. (da) (Entered: 04/13/2011)
2011-04-22	126	Unopposed Motion to Withdraw Motion to compel 123 . Filed by Stephen Andrew Raher. (Raher, Stephen) (Entered: 04/22/2011)
2011-04-22	127	ORDER by Magistrate Judge Janice M. Stewart: Granting Plaintiff's Motion to Withdraw # 126 , and Striking Plaintiff's Motion to Compel # 123 from Judge Stewart's calendar of 5/2/11 as moot. (da) (Entered: 04/22/2011)
2011-05-09	128	Supplement Defendant Federal Bureau of Prisons's Notice of Supplemental Authority . Filed by Federal Bureau of Prisons. (Related document(s): Reply to Motion 106 .) (Danielson, Kevin) (Entered: 05/09/2011)
2011-05-18	129	Notice pursuant to LR 83-13(a) Filed by Stephen Andrew Raher (Raher, Stephen) (Entered: 05/18/2011)
2011-05-24	130	OPINION AND ORDER: Plaintiff's Motion for Partial Summary Judgment 33 ) is GRANTED in part and DENIED in part as set forth in this Opinion. It is further ordered that on or before June 7, 2011, BOP shall supplement the record with a detailed description of its search for all documents responsive to Item 3. The court will schedule a telephone conference to set a date for an evidentiary hearing on Exemption 4 and to resolve any other issues that may arise as a result of this Opinion. Signed on 5/24/2011 by Magistrate Judge Janice M. Stewart. (ST) (Entered: 05/24/2011)
2011-05-26	131	Scheduling Order by Magistrate Judge Janice M. Stewart: Setting a TELEPHONE Status Conference for Monday, 6/13/2011 at 10:00AM before Judge Stewart to set a date for an evidentiary hearing on Exemption 4 and to resolve any other issues that may arise as a result of the Opinion 130 . The Court will initiate the call. (jlr) (Entered: 05/26/2011)
2011-06-07	132	Declaration of Cathy Scott. Filed by Federal Bureau of Prisons. (Related document(s): Order on motion for partial summary judgment,, 130 .) (Attachments: # 1 Attachment A) (Danielson, Kevin) (Entered: 06/07/2011)
2011-06-10	133	Notice of Supplemental Declaration Filed by The GEO Group, Inc. (Rohner, Joseph) (Entered: 06/10/2011)
2011-06-10	134	Second Declaration of Kyle Schiller. Filed by The GEO Group, Inc.. (Related document(s): Notice 133 .) (Rohner, Joseph) (Entered: 06/10/2011)
2011-06-13	135	MINUTES of Proceedings: Telephone Status Conference held. BOP shall supplement the record with detailed description of its search for all documents responsive to Item 3 by June 27, 2011. Response to GEO Group's oral motion to withdraw is due by 6/27/2011. Reply is due by 7/14/2011. Telephone Status Conference regarding evidentiary hearing on Exemption 4 is set for 7/13/2011 at 9:30 am. The court will initiate the call. Stephen Raher, pro se, present as counsel for plaintiff(s). Kevin Danielson; David Goodwin; Joseph Rohner; Robert Charrow present as counsel for defendant(s). Magistrate Judge Janice M. Stewart presiding. (Related document(s): Oral Motion.) (stewart2, ) (Entered: 06/13/2011)
2011-06-27	136	Declaration of Third Supplemental Declaration of Leeann Tufte . Filed by Federal Bureau of Prisons. (Related document(s): Status Conference,, 135 .) (Danielson, Kevin) (Entered: 06/27/2011)
2011-06-27	137	Declaration of Amanda Pennel. Filed by Federal Bureau of Prisons. (Related document(s): Status Conference,, 135 .) (Danielson, Kevin) (Entered: 06/27/2011)
2011-06-27	138	Response to GEO Group's Oral Motion to Withdraw (see Doc. #135) - Oral Argument Requested . Filed by Stephen Andrew Raher. (Raher, Stephen) (Entered: 06/27/2011)
2011-06-29	139	Motion for Imposition of Sanctions against BOP (FRCP 11) . Oral Argument requested. Filed by Stephen Andrew Raher. (Raher, Stephen) Modified on 10/12/2011 to remove term date(jlr). (Entered: 06/29/2011)
2011-06-29	140	Motion for Imposition of Sanctions against BOP . Oral Argument requested. Filed by Stephen Andrew Raher. (Raher, Stephen) Modified on 10/12/2011 to remove term date (jlr). (Entered: 06/29/2011)
2011-06-29	141	Motion for Imposition of Sanctions against GEO Group . Oral Argument requested. Filed by Stephen Andrew Raher. (Raher, Stephen) Modified on 10/12/2011 to remove term date(jlr). (Entered: 06/29/2011)
2011-06-29	142	Memorandum in Support of Plaintiff's Motions for Sanctions . Filed by Stephen Andrew Raher. (Related document(s): Motion for Imposition of Sanctions 141 , Motion for Imposition of Sanctions 139 , Motion for Imposition of Sanctions 140 .) (Raher, Stephen) (Entered: 06/29/2011)
2011-06-29	143	Declaration of Stephen Raher in Support of Plaintiff's Motions for Sanctions . Filed by Stephen Andrew Raher. (Related document(s): Motion for Imposition of Sanctions 141 , Motion for Imposition of Sanctions 139 , Motion for Imposition of Sanctions 140 .) (Raher, Stephen) (Entered: 06/29/2011)
2011-06-29	144	Certificate of Service by Stephen Andrew Raher of Motion for Imposition of Sanctions against GEO Group 141 , Motion for Imposition of Sanctions against BOP (FRCP 11) 139 , Motion for Imposition of Sanctions against BOP 140 Filed by Stephen Andrew Raher. (Raher, Stephen) (Entered: 06/29/2011)
2011-06-29	145	Motion to Compel Production under 5 USC 552(a)(4)(B) . Filed by Stephen Andrew Raher. (Raher, Stephen) (Entered: 06/29/2011)
2011-07-01	146	Scheduling Order by Magistrate Judge Janice M. Stewart. Responses to Plaintiff's Motion for Imposition of Sanctions against GEO Group 141 , Motion for Imposition of Sanctions against BOP 140 , Motion for Imposition of Sanctions against BOP (FRCP 11) 139 , and Motion to Compel 145 are due by 7/18/11. Replies to Motions 139 , 140 ,and 141 are due by 8/4/2011. (jlr) (Entered: 07/01/2011)
2011-07-13	147	MINUTES of Proceedings: Status Conference.GEO Group's Oral Motion to Withdraw is stayed until all ancillary matters are resolved. Plaintiff's Motion to Compel Production [#145] is granted. BOP shall produce all documents ordered to be released within 30 days, with the exception of CCA's documents regarding Exemption 4 which must be released within 45 days, together with a Vaughn Index for any withheld CCA documents. If BOP believes that there are security concerns regarding any documents ordered released under Exemption 7(F), BOP shall submit them to the court for an in camera review, together with a written explanation as to why they raise security concerns. Plaintiff may submit to BOP written interrogatories limited to his questions regarding the search responsive to his FOIA request by Amanda Pennell and Cathy Scott. BOP has 30 days to respond to these interrogatories. Stephen Raher, pro se present as counsel for plaintiff(s). Kevin Danielson; Joseph Rohner; Robert Charrow present as counsel for defendant(s) and intervenor. Tape No: N/A. Magistrate Judge Janice M. Stewart presiding. (stewart2, ) (Entered: 07/13/2011)
2011-07-18	148	Memorandum in Opposition to Motion for Imposition of Sanctions against GEO Group 141 Oral Argument requested. Filed by The GEO Group, Inc.. (Rohner, Joseph) (Entered: 07/18/2011)
2011-07-18	149	Response to Motion for Imposition of Sanctions against BOP 140 , Motion for Imposition of Sanctions against BOP (FRCP 11) 139 . Filed by Federal Bureau of Prisons. (Danielson, Kevin) (Entered: 07/18/2011)
2011-07-18	150	Declaration of Leeann Tufte . Filed by Federal Bureau of Prisons. (Related document(s): Response to Motion 149 .) (Danielson, Kevin) (Entered: 07/18/2011)
2011-07-18	151	First Supplemental Declaration of Matthew Nace . Filed by Federal Bureau of Prisons. (Related document(s): Response to Motion 149 .) (Danielson, Kevin) (Entered: 07/18/2011)
2011-07-18	152	Declaration of Kevin Danielson . Filed by Federal Bureau of Prisons. (Related document(s): Response to Motion 149 .) (Attachments: # 1 Exhibit 1) (Danielson, Kevin) (Entered: 07/18/2011)
2011-07-22	153	Motion to Amend/Correct Minute Order / Status Conference,,,, 147 . Filed by Stephen Andrew Raher. (Raher, Stephen) (Entered: 07/22/2011)
2011-07-25	154	ORDER by Magistrate Judge Janice M. Stewart: Plaintiff's Motion to Amend/Correct 153 is Granted and Amended as follows: The July 13, 2011, Order 147 is Granted and Amended to clarify that BOP may only withhold information under Exemption 7(F) if that information is contained in a document for which BOP has previously asserted an Exemption 7(F) claim. (jlr) (Entered: 07/25/2011)
2011-07-28	155	Motion for Stay Defendant Federal Bureau of Prisons' Motion to Stay Release of Records . Filed by Federal Bureau of Prisons. (Danielson, Kevin) (Entered: 07/28/2011)
2011-07-28	156	Memorandum in Support of Defendant Federal Bureau of Prisons' Motion to Stay Release of Records . Filed by Federal Bureau of Prisons. (Related document(s): Motion for Stay 155 .) (Danielson, Kevin) (Entered: 07/28/2011)
2011-07-28	157	Defendant Federal Bureau of Prisons' Amended Memorandum in Support of Moiton to Stay Release of Records . Filed by Federal Bureau of Prisons. (Related document(s): Motion for Stay 155 .) (Danielson, Kevin) (Entered: 07/28/2011)
2011-07-29	158	Scheduling Order by Magistrate Judge Janice M. Stewart regarding Motion for Stay Defendant Federal Bureau of Prisons' Motion to Stay Release of Records 155 . Response is due by 8/8/2011. Reply is due by 8/18/2011. Motion for Stay will be taken under advisement as of 8/18/2011. Order by Judge Janice M. Stewart STAYING BOP's disclosure of records (most currently due 8/12/11) pending a ruling on this motion. (jlr) (Entered: 07/29/2011)
2011-08-03	159	Scheduling Order by Magistrate Judge Janice M. Stewart: Setting Plaintiff's Motion for Imposition of Sanctions against BOP (FRCP 11) 139 , Motion for Imposition of Sanctions against BOP 140 ,and Motion for Imposition of Sanctions against GEO Group 141 for TELEPHONE Oral Argument on Tuesday, 8/16/2011 at 1:30PM before Magistrate Judge Janice M. Stewart. The Court will initiate the call. (jlr) (Entered: 08/03/2011)
2011-08-04	160	Reply to Motion for Imposition of Sanctions against GEO Group 141 , Motion for Imposition of Sanctions against BOP (FRCP 11) 139 , Motion for Imposition of Sanctions against BOP 140 . Filed by Stephen Andrew Raher. (Raher, Stephen) (Entered: 08/04/2011)
2011-08-05	161	Notice of Appearance of Scott Erik Asphaug appearing on behalf of Federal Bureau of Prisons Filed by on behalf of Federal Bureau of Prisons (Asphaug, Scott) (Entered: 08/05/2011)
2011-08-08	162	Response in Opposition to Motion for Stay Defendant Federal Bureau of Prisons' Motion to Stay Release of Records 155 Oral Argument requested. Filed by Stephen Andrew Raher. (Raher, Stephen) (Entered: 08/08/2011)
2011-08-08	163	Declaration of Stephen Raher . Filed by Stephen Andrew Raher. (Related document(s): Response in Opposition to Motion 162 .) (Raher, Stephen) (Entered: 08/08/2011)
2011-08-08	164	Status Report Defendant Federal Bureau of Prison's Status Report and Withdrawal of Motion to Stay Release of Records by Federal Bureau of Prisons. Filed by Federal Bureau of Prisons. (Danielson, Kevin) (Entered: 08/08/2011)
2011-08-09	165	ORDER: Finding as Moot Motion for Stay 155 based on withdrawal of motion 164 . Signed on 8/9/11 by Magistrate Judge Janice M. Stewart. (ST) (Entered: 08/09/2011)
2011-08-09	166	Motion for Leave to Appear Pro Hac Vice -David S. Panzer . Filed by The GEO Group, Inc.. (Rohner, Joseph) (Entered: 08/09/2011)
2011-08-10	167	Joint Stipulation Re: Disclosure of Records by Stephen Andrew Raher. Filed by Stephen Andrew Raher. (Raher, Stephen) (Entered: 08/10/2011)
2011-08-11	168	ORDER: Granting Motion for Leave to Appear Pro Hac Vice of David Samuel Panzer for The GEO Group, Inc. Application Fee in amount of $100 collected. Receipt No. 42042 issued. Signed on 8/10/11 by Magistrate Judge Janice M. Stewart. (mkk) (Entered: 08/11/2011)
2011-08-12	169	Unopposed Motion for Extension of Time to Comply with the Court's Order . Filed by Federal Bureau of Prisons. (Danielson, Kevin) (Entered: 08/12/2011)
2011-08-12	170	Declaration of Ana Velilla-Arce . Filed by Federal Bureau of Prisons. (Related document(s): Motion for Extension of Time 169 .) (Danielson, Kevin) (Entered: 08/12/2011)
2011-08-12	171	ORDER by Magistrate Judge Janice M. Stewart: Granting Defendant Federal Bureau of Prison's Unopposed Motion for Extension of Time 169 to August 22, 2011 to Comply with Court's July 13, 2011 Order. (jlr) (Entered: 08/12/2011)
2011-08-15	172	Request for Judicial Notice . Filed by The GEO Group, Inc.. (Attachments: # 1 Exhibit Original Petition for Declaratory Judgment) (Rohner, Joseph) (Entered: 08/15/2011)
2011-08-15	173	Supplemental Declaration of Stephen Raher in Support of Plaintiff's Motions for Sanctions . Filed by Stephen Andrew Raher. (Related document(s): Motion for Imposition of Sanctions 141 , Motion for Imposition of Sanctions 139 , Motion for Imposition of Sanctions 140 .) (Raher, Stephen) (Entered: 08/15/2011)
2011-08-16	174	Amended Declaration of Ana Vellilla-Arce . Filed by Federal Bureau of Prisons. (Related document(s): Motion for Extension of Time 169 .) (Attachments: # 1 Exhibit Vaughn Index) (Danielson, Kevin) (Entered: 08/16/2011)
2011-08-16	175	MINUTES of Proceedings: Motion Hearing Held regarding Motion for Imposition of Sanctions 141 , Motion for Imposition of Sanctions 140 , Motion for Imposition of Sanctions 139 . Motion is taken under advisement as of 8/16/2011. Stephen Raher, pro se present as counsel for plaintiff(s). Kevin Danielson; Scott Asphaug; Ron Silver; present as counsel for defendant BOP; David Panzer; Robert Charrow; David Goodwin present as counsel for defendant-intervenor GEO Group. Court Reporter: Amanda Legore. Magistrate Judge Janice M. Stewart presiding. (Related document(s): Motion for Imposition of Sanctions 141 , Motion for Imposition of Sanctions 140 , Motion for Imposition of Sanctions 139 .) (stewart2, ) (Entered: 08/16/2011)
2011-08-18	176	Supplemental Request for Judicial Notice . Filed by The GEO Group, Inc.. (Attachments: # 1 Exhibit Part 1 of 2, # 2 Exhibit Part 2 of 2) (Rohner, Joseph) (Entered: 08/18/2011)
2011-08-18	177	Motion for Extension of Time to Respond to Plaintiff's Second Set of Interrogatories . Filed by Federal Bureau of Prisons. (Danielson, Kevin) (Entered: 08/18/2011)
2011-08-22	178	Order by Magistrate Judge Janice M. Stewart: Granting Intervenor-Defendant The Geo Group's Supplemental Request for Judicial Notice 176 . The Request for Judicial Notice 172 Filed by The GEO Group, Inc. is Denied as Moot. (jlr) (Entered: 08/22/2011)
2011-08-22	179	ORDER by Magistrate Judge Janice M. Stewart Granting Defendant BOP's unopposed Motion for Extension of Time To Respond To Plaintiff's Second Set of Interrogatories 177 . Response is due by August 25, 2011. (jlr) (Entered: 08/22/2011)
2011-08-26	180	Notice of Attorney Withdrawal: Joseph J. Summerill IV Filed by The GEO Group, Inc. (Rohner, Joseph) (Entered: 08/26/2011)
2011-08-26	181	Notice of Attorney Withdrawal: David P. Goodwin Filed by The GEO Group, Inc. (Rohner, Joseph) (Entered: 08/26/2011)
2011-09-28	182	Scheduling Order by Magistrate Judge Janice M. Stewart: Setting a TELEPHONE Status Conference for Tuesday, 10/25/2011 at 9:30AM before Magistrate Judge Janice M. Stewart. The Court will initiate the call. (jlr) (Entered: 09/28/2011)
2011-10-12	183	OPINION AND ORDER: Denying Raher's Motions for Sanctions 139 , 140 , and 141 . Signed on 10/12/2011 by Magistrate Judge Janice M. Stewart. (ST) (Entered: 10/12/2011)
2011-10-25	184	MINUTES of Proceedings: Telephone Status Conference: By 11/15/2011, BOP will file a revised Vaughn Index as to documents withheld under Exemption 5. BOP will submit to the court for in camera review the evaluation documents withheld as non-responsive. BOP and Raher will confer as to the failure to produce team feedback information. BOP will search for and produce responsive emails that Raher believes are missing from the procurement file, and if they cannot be located, will explain to Raher why not. BOP has advised that CCA has withdrawn its objection to disclosing pricing information previously withheld under Exemption 4 and will produce those documents to Raher within 30 days. Now that all submitters have withdrawn their objections to BOP's disclosure of pricing information under Exemption 4, an evidentiary hearing on this issue is moot. Plaintiff's motion for attorney fees as to GEO Group is due 12/2/2011 Stephen Raher, pro se present as counsel for plaintiff(s). Kevin Danielson, Ryan McLellan, Robert Charrow present as counsel for defendant(s). Magistrate Judge Janice M. Stewart presiding. (stewart2, ) (Entered: 10/25/2011)
2011-11-15	185	Notice Federal Bureau of Prisons' Revised Partial Vaughn Index Filed by Federal Bureau of Prisons (Attachments: # 1 Attachment Revised Partial Vaughn Index) (Danielson, Kevin) (Entered: 11/15/2011)
2011-12-05	186	Order by Magistrate Judge Janice M. Stewart LIFTING THE STAY regarding GEO Group's Oral Motion for Withdrawal as requested during the hearing on 06/13/2011 135 . (jlr) (Entered: 12/05/2011)
2011-12-05	187	Notice of Appearance of Erick J. Haynie appearing on behalf of Stephen Andrew Raher (Plaintiff) Filed by on behalf of Stephen Andrew Raher (Haynie, Erick) (Entered: 12/05/2011)
2011-12-07	188	Motion for Leave to File Supplemental Response to Defendant GEO Group's Oral Motion to Withdraw . Filed by Stephen Andrew Raher. (Haynie, Erick) (Entered: 12/07/2011)
2011-12-08	189	Scheduling Order by Magistrate Judge Janice M. Stewart: Setting Plaintiff's Motion for Leave to File Supplemental Response to Defendant GEO Group's Oral Motion to Withdraw 188 to be taken under advisement on 12/28/2011. (jlr) (Entered: 12/08/2011)
2012-01-09	190	ORDER by Magistrate Judge Janice M. Stewart: Granting Plaintiff's Motion for Leave to File Supplemental Response to Defendant GEO Group's Oral Motion to Withdraw 188 . (jlr) (Entered: 01/09/2012)
2012-01-09	191	Scheduling Order by Magistrate Judge Janice M. Stewart: SETTING GEO Group's Oral Motion for Withdrawal as Defendant Intervenor (requested during the hearing on 06/13/2011 135 ) for TELEPHONE Oral Argument on Wednesday, 2/8/2012 at 10:00AM before Magistrate Judge Janice M. Stewart. At that time, defendants may orally offer their argument in reply to Plaintiff's supplemental response (attached to document 188 ). (jlr) (Entered: 01/09/2012)
2012-01-10	192	Notice of Association of Attorney Erick J. Haynie,Stephen A. Raher for Stephen Andrew Raher. (Co-Counsel for Plaintiff) Filed by Stephen Andrew Raher (Haynie, Erick) (Entered: 01/10/2012)
2012-01-12	193	Supplement Response to Defendant GEO Group's Oral Motion to Withdraw (see Doc 135) . Filed by Stephen Andrew Raher. (Related document(s): Scheduling, 191 , Status Conference,, 135 , Order on motion for Leave 190 .) (Haynie, Erick) (Entered: 01/12/2012)
2012-02-07	194	Motion/Notice re Supplement 193 Plaintiff's Request for Judicial Notice Filed by Stephen Andrew Raher (Related document(s): Supplement 193 .) (Haynie, Erick) Modified on 2/8/2012 to change this document entry to a Motion (jlr). (Entered: 02/07/2012)
2012-02-08	196	ORDER: Oral Motion Granted. On 6/13/2011, The GEO Group, Inc., made an oral Motion for Withdrawal as Defendant Intervenor because the information it sought to withhold from disclosure under FOIA Exemption # 4 either had been (or would be) released voluntarily or pursuant to court order, or had not been (or would not be) released under another applicable FOIA exemption. That motion is GRANTED, and The Geo Group, Inc., is terminated as a party to this case. Signed on 2/8/2012 by Magistrate Judge Janice M. Stewart. (stewart2, ) Modified to add document number on 2/8/2012. Notice regenerated to all parties. (eo). (Entered: 02/08/2012)
2012-02-08	195	MINUTES of Proceedings: Telephone Motion Hearing Held. Granting Motion Request for Judicial Notice 194 . Status Conference is set for 2/29/2012 at 10:00AM by Telephone before Magistrate Judge Janice M. Stewart. Erick Haynie; Stephen Raher present as counsel for plaintiff(s). Kevin Danielson, C. Darnell Stroble, Robert Charrow, Michael Quartarone, Ryan McLellan present as counsel for defendant(s).(Tape #FTR.02.08.2012.) (stewart2, ) (Entered: 02/08/2012)
2012-02-28	197	Notice Regarding February 29 Status Conference Filed by Stephen Andrew Raher (Raher, Stephen) (Entered: 02/28/2012)
2012-02-29	198	Scheduling Order by Magistrate Judge Janice M. Stewart. At the request of plaintiff's counsel, Order resetting the TELEPHONE Status Conference from today to Friday, 3/9/2012 at 10:00AM before Magistrate Judge Janice M. Stewart. The court will initiate the call. (jlr) (Entered: 02/29/2012)
2012-03-09	199	MINUTES of Proceedings: Telephone Status Conference Held. Parties shall hold two telephone conferences to discuss: (1) the 8 remaining issues from Plaintiff's Notice of Issues to be Addressed at 2/29/12 Status Conference 197 , Ex. A, and (2) defendant's policies of archiving and deleting emails with defendant's IT personnel. Defendant will respond to Plaintiff's supplemental FOIA request by 5/9/2012.Status Conference is set for Friday, 5/11/2012, at 10:00AM by telephone before Magistrate Judge Janice M. Stewart. Stephen Raher, pro se present as counsel for plaintiff(s). Kevin Danielson, C. Darnell Stroble present as counsel for defendant(s). Court Reporter: N/A. Tape No: N/A.Magistrate Judge Janice M. Stewart presiding. (stewart2, ) (Entered: 03/09/2012)
2012-03-23	200	Scheduling Order by Magistrate Judge Janice M. Stewart. At the request of defense counsel, a TELEPHONE Status Conference is set for Tuesday, 3/27/2012 at 11:00AM before Magistrate Judge Janice M. Stewart. The court will initiate the call. (jlr) (Entered: 03/23/2012)
2012-03-27	201	MINUTES of Proceedings: Telephone Status Conference. Stephen Raher present as counsel for plaintiff(s). Kevin Danielson present as counsel for defendant(s). Plaintiff's request to record parties' telephone conferences is denied. Tape No: N/A. Magistrate Judge Janice M. Stewart presiding. (stewart2, ) (Entered: 03/27/2012)
2012-04-27	202	Motion to Compel Production and Authorize Discovery . Filed by Stephen Andrew Raher. (Raher, Stephen) (Entered: 04/27/2012)
2012-05-11	203	MINUTES of Proceedings: Telephone Status Conference. Defendant's Response to Plaintiff's Motion to Compel 202 is due by 5/21/2012. Telephone Oral Argument is set for 5/25/2012 at 10:00AM before Magistrate Judge Janice M. Stewart.Defendant is ordered to provide plaintiff a redline of the 4/26/12 Vaughn Index and all future Vaughn Indices showing all revisions made from the prior versions. The Vaughn Index for the recent production of CAR 5 evaluation documents is due 5/21/2012. Stephen Raher present as counsel for plaintiff(s). Kevin Danielson, C. Darnell Stroble present as counsel for defendant(s). Court Reporter: N/A. Tape No: N/A.Magistrate Judge Janice M. Stewart presiding. (stewart2, ) (Entered: 05/11/2012)
2012-05-21	204	Response Defendant Federal Bureau of Prisons' Response to Motion to Compel Production and Authorize Discovery to Motion to Compel Production and Authorize Discovery 202 . Filed by Federal Bureau of Prisons. (Danielson, Kevin) (Entered: 05/21/2012)
2012-05-21	205	Declaration of Douglas Martz . Filed by Federal Bureau of Prisons. (Related document(s): Response to Motion 204 .) (Danielson, Kevin) (Entered: 05/21/2012)
2012-05-21	206	Exhibits Attachment A to Declaration of Douglas Martz re Declaration 205 . Filed by Federal Bureau of Prisons. (Related document(s): Declaration 205 .) (Danielson, Kevin) (Entered: 05/21/2012)
2012-05-21	207	Supplemental Declaration of Clinton Stroble . Filed by Federal Bureau of Prisons. (Related document(s): Response to Motion 204 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Danielson, Kevin) (Entered: 05/21/2012)
2012-05-21	208	Supplemental Declaration of Greg Smith . Filed by Federal Bureau of Prisons. (Related document(s): Response to Motion 204 .) (Danielson, Kevin) (Entered: 05/21/2012)
2012-05-23	209	Reply to Defendant Federal Bureau of Prisons' Response to Motion to Compel Production and Authorize Discovery . Filed by Stephen Andrew Raher. (Related document(s): Response to Motion 204 .) (Raher, Stephen) (Entered: 05/23/2012)
2012-05-25	210	MINUTES of Proceedings: before Magistrate Judge Janice M. Stewart. Motion Hearing Held regarding Motion to compel 202 . ORDER: Granting in part, denying in part, and deferring in part plaintiff's Motion to Compel Production and Authorize Discovery 202 as follows: 1. Granted as to BOP's production of additional correspondence and/or Vaughn Index, but the date for production is extended to 6/26/2012; 2. Denied as to plaintiff's request to conduct discovery concerning BOP's search methods and Vaughn Index inconsistencies, provided that BOP files a supplemental declaration by 6/26/2012: (a) addressing whether the evaluation team created written records and, if so, whether they exist and where they are located and, if available, producing them to plaintiff; (b) describing its additional search for responsive documents using the search terms "CAR 5-RPF- PCC-0009" (instead of the incorrect term "CAR 5-RFP-PCCC-009") and "Reeves County;" (c) describing its additional search for correspondence to/from customers concerning bidders' past performance (as recently produced for MTC); and (d) describing the nature of the Security Addendum documents which BOP has referred to the FBI for a FOIA response; 3. Deferred as to plaintiff's request to conduct discovery concerning destruction of records. Supplemental briefing on this issue is due as follows: BOP's Surresponse is due 6/15/2012 and plaintiff's Surreply is due 7/2/2012. Motion To Compel 202 will be taken under advisement on 7/2/2012. Stephen Raher present as counsel for plaintiff(s). Kevin Danielson present as counsel for defendant with C. Darnell Stroble (Assistant General Counsel for BOP). Court Reporter: n/a. Tape No: FTR 11A. (Related document(s): Motion to compel 202 ) (jlr) (Entered: 05/25/2012)
2012-06-15	211	Sur-Response to Motion to Compel Production and Authorize Discovery 202 . Filed by Federal Bureau of Prisons. (Danielson, Kevin) (Entered: 06/15/2012)
2012-07-02	212	Sur-Reply in Support of Plaintiff's Motion to Compel Production and Authorize Discovery (Doc. 202) . Filed by Stephen Andrew Raher. (Raher, Stephen) (Entered: 07/02/2012)
2012-07-06	213	Notice Plaintiff's Request for Status Conference Filed by Stephen Andrew Raher (Raher, Stephen) (Entered: 07/06/2012)
2012-07-09	214	Opinion and Order re Motion to Compel Production and Authorize Discovery 202 . The deferred portion of Raher's Motion to Compel Production and Authorized Discovery (docket #202) regarding the BOP's destruction of records after receipt of his FOIA requests is GRANTED. Signed on 7/9/12 by Magistrate Judge Janice M. Stewart. (jlr) (Entered: 07/09/2012)
2012-07-12	215	Scheduling Order by Magistrate Judge Janice M. Stewart: SETTING a Status Conference for Monday, 7/30/2012 at 09:30AM in Courtroom 11A before Magistrate Judge Janice M. Stewart. ORDER THAT PLAINTIFF IS TO FILE A LIST OF OUTSTANDING ISSUES AND PROPOSED PROCEDURES TO RESOLVE AT LEAST 24 HOURS BEFORE THE HEARING. (jlr) (Entered: 07/12/2012)
2012-07-27	216	Notice re Scheduling, 215 Plaintiff's Notice of Issues to be Addressed at July 30, 2012 Status Conference Filed by Stephen Andrew Raher (Related document(s): Scheduling, 215 .) (Raher, Stephen) (Entered: 07/27/2012)
2012-07-27	217	Amended Notice re Scheduling, 215 Plaintiff's Amended Notice of Issues to be Addressed at July 30, 2012 Status Conference (solely to correct footer named Exhibit A to Exhibit 1) Filed by Stephen Andrew Raher (Related document(s): Scheduling, 215 .) (Raher, Stephen) (Entered: 07/27/2012)
2012-07-30	218	MINUTES of Proceedings: Status Conference. Plaintiff's Dispositive Motion is due by 10/12/2012. Defendant's Response is due by 11/13/2012. Plaintiff's Reply is due by 12/3/2012. Oral Argument is set for 12/18/2012 at 09:30AM in Judge Stewart's Courtroom before Magistrate Judge Janice M. Stewart. On or before 10/12/2012, Plaintiff shall file a dispositive motion on the remaining FOIA Exemptions 3, 5 and 7(c) and scope of withholding claimed by defendant. Defendant's response is due 11/13/2012, and Plaintiff's reply is due 12/3/2012. Oral argument will be held on Tuesday, 12/18/2012, at 9:30 am in Courtroom 11A. By 8/30/2012, Defendant shall: (1) produce the email attachments requested by Plaintiff in Ex. 2 to Plaintiff's Amended Notice of Issues 217 ; (2) confer with Plaintiff to narrow the scope of emails from additional parties listed in Ex. 3 to Plaintiff's Amended Notice of issues 217 ; (3) perform an additional search for responsive emails of Randy Miller and file a declaration describing the scope of that search; (4) confer with Plaintiff regarding the failure to produce past performance documents and, if Defendant cannot locate responsive documents, file a declaration so stating; (5) file a status report concerning the referral to the FBI of "Security Addendum" documents; and (6) file the Stroble Supplemental Declaration which was due 6/26/2012 210 . Stephen Raher, pro se present as counsel for plaintiff(s). Kevin Danielson; C. Darnell Stroble (Assistant General Counsel for BOP) present as counsel for defendant(s). Court Reporter: N/A. Tape No: FTR.15B 7.30.2012.Magistrate Judge Janice M. Stewart presiding. (stewart2, ) (Entered: 07/30/2012)
2012-08-01	219	Declaration of Clinton Stroble Second Supplemental Declaration . Filed by Federal Bureau of Prisons. (Related document(s): Motion Hearing Held,,,,,,, 210 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Danielson, Kevin) (Entered: 08/01/2012)
2012-08-30	220	Declaration of Randall Taylor . Filed by Federal Bureau of Prisons. (Related document(s): Status Conference,,,,,, 218 .) (Danielson, Kevin) (Entered: 08/30/2012)
2012-08-30	221	Status Report Defendant Federal Bureau of Prisons' Status Report; Related Document CR 218 by Federal Bureau of Prisons. Filed by Federal Bureau of Prisons. (Danielson, Kevin) (Entered: 08/30/2012)
2012-09-18	222	OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Status Conference held on July 30, 2012, before Judge Janice M. Stewart, Transcriber Jill L. Erwin, telephone number (503)326-8191. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov . Notice of Intent to Redact Transcript is due by 9/28/2012. Redaction Request due 10/12/2012. Redacted Transcript Deadline set for 10/22/2012. Release of Transcript Restriction set for 12/20/2012. (Erwin, Jill) (Entered: 09/18/2012)
2012-10-02	223	Joint Motion for Scheduling Order . Filed by Stephen Andrew Raher. (Raher, Stephen) (Entered: 10/02/2012)
2012-10-03	224	Scheduling Order by Magistrate Judge Janice M. Stewart: Granting Joint Motion for Scheduling Order 223 . Dispositive Motions are due by 10/19/2012. Responses to Dispositive Motions are due by 11/20/2012. Replies to Dispositive Motions are due by 12/10/2012. Order the 12/18/12 oral argument will be reset to a later date. Defendant shall produce the responsive emails of Randy Taylor (without attachments) in such manner that plaintiff receives the documents by October 3, 2012. If Defendant withholds any information from the emails, it shall file a Vaughn index with the Court, no later than October 3, 2012, describing each withheld document and stating the precise reason for the withholding. If Plaintiff desires any attachments contained in the Randy Taylor emails, Plaintiff shall notify counsel for Defendant of the requested attachments no later than October 5, 2012. BOP shall produce the requested attachments in such manner that Plaintiff receives the documents by October 12, 2012. If Defendant withholds any information from the attachments, it shall file a Vaughn index with the Court, no later than October 12, 2012, describing each withheld document and stating the precise reason for the withholding. No later than October 19, 2012, Defendant shall deliver to the Court (but not file on the docket) unredacted copies of all documents it has withheld under FOIA Exemption 7(C). (jlr) (Entered: 10/03/2012)
2012-10-03	225	Notice re Scheduling,,,,, 224 Federal Bureau of Prisons' Supplemental Vaughn Indices Filed by Federal Bureau of Prisons (Related document(s): Scheduling,,,,, 224 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Danielson, Kevin) (Entered: 10/03/2012)
2012-10-05	226	Second Declaration of Randall Taylor . Filed by Federal Bureau of Prisons. (Related document(s): Status Conference,,,,,, 218 .) (Danielson, Kevin) (Entered: 10/05/2012)
2012-10-12	227	Scheduling Order by Magistrate Judge Janice M. Stewart. At the joint request of counsel, Order striking the current case schedule. A Joint Status Report is due by 10/26/2012. (jlr) (Entered: 10/12/2012)
2012-10-12	228	Federal Bureau of Prisons' First Supplemental Vaugh Index of William Dalius Filed by Federal Bureau of Prisons (Related document(s): Scheduling Order 224 .) (Attachments: # 1 Exhibit 1) (Danielson, Kevin) Modified text on 10/16/2012 (sss). (Entered: 10/12/2012)
2012-10-12	229	Motion for Interim Fee Award . Filed by Stephen Andrew Raher. (Raher, Stephen) (Entered: 10/12/2012)
2012-10-12	230	Declaration of Bryce Ward . Filed by Stephen Andrew Raher. (Related document(s): Motion - Miscellaneous 229 .) (Raher, Stephen) (Entered: 10/12/2012)
2012-10-12	231	Declaration of Shahrzad Habibi . Filed by Stephen Andrew Raher. (Related document(s): Motion - Miscellaneous 229 .) (Raher, Stephen) (Entered: 10/12/2012)
2012-10-12	232	Declaration of Stephen Raher in Support of Plaintiff's Motion for Interim Fee Award . Filed by Stephen Andrew Raher. (Related document(s): Motion - Miscellaneous 229 .) (Raher, Stephen) (Entered: 10/12/2012)
2012-10-16	233	Scheduling Order by Magistrate Judge Janice M. Stewart: Setting Plaintiff's Motion for Interim Fee Award 229 to be taken under advisement on 11/19/2012. (jlr) (Entered: 10/16/2012)
2012-10-18	234	Notice of Attorney Withdrawal: and Request for Removal from Electronic Notifications Filed by The GEO Group, Inc. (Rohner, Joseph) Modified on 10/19/2012 to change this event to a Motion (jlr). (Entered: 10/18/2012)
2012-10-19	235	ORDER by Magistrate Judge Janice M. Stewart: Granting GEO Groups's Notice of Withdrawal and Request from all further electronic notifications related to this case 234 . (Note: after this entry, electronic notification for this case will be turned off). (jlr) (Entered: 10/19/2012)
2012-10-26	236	Joint Status Report by Federal Bureau of Prisons. Filed by Federal Bureau of Prisons. (Danielson, Kevin) (Entered: 10/26/2012)
2012-10-26	237	Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Interim Fee Award 229 . Filed by Federal Bureau of Prisons. (Danielson, Kevin) (Entered: 10/26/2012)
2012-10-26	238	Order regarding Status Report 236 . Another Joint Status Report is due by 11/9/12 or a briefing schedule shall be submitted to the court. Signed on 10/26/12 by Magistrate Judge Janice M. Stewart. (jlr) (Entered: 10/26/2012)
2012-10-26	239	ORDER by Magistrate Judge Janice M. Stewart: Granting Defendant's Motion for Extension of Time to File Response to Motion for Interim Fee Award 229 filed by Stephen Andrew Raher. Response is due by 11/2/2012. (jlr) (Entered: 10/26/2012)
2012-11-02	240	Response to Motion for Interim Fee Award 229 . Filed by Federal Bureau of Prisons. (Danielson, Kevin) (Entered: 11/02/2012)
2012-11-02	241	Second Declaration of Matthew D. Nace . Filed by Federal Bureau of Prisons. (Related document(s): Response to Motion 240 .) (Danielson, Kevin) (Entered: 11/02/2012)
2012-11-09	242	Joint Status Report . Filed by Federal Bureau of Prisons. (Danielson, Kevin) (Entered: 11/09/2012)
2012-11-09	243	Order regarding Joint Status Report 242 . By 11/14/12 BOP shall file one or more declarations describing the search for documents. By 12/21/12, after Plaintiff has reviewed the documents produced to him by BOP, the parties will file a proposed briefing schedule with the Court. See attached Order for full text. Signed on 11/9/12 by Magistrate Judge Janice M. Stewart. (jlr) (Entered: 11/09/2012)
2012-11-14	244	Declaration of Clinton Stroble Third Supplemental Declaration . Filed by Federal Bureau of Prisons. (Related document(s): Order, 243 .) (Danielson, Kevin) (Entered: 11/14/2012)
2012-11-16	245	Reply In Support to Motion for Interim Fee Award 229 . Filed by Stephen Andrew Raher. (Raher, Stephen) (Entered: 11/16/2012)
2012-11-16	246	Declaration of Ed MacMullan . Filed by Stephen Andrew Raher. (Related document(s): Reply to Motion 245 .) (Raher, Stephen) (Entered: 11/16/2012)
2012-11-19	247	Scheduling Order by Magistrate Judge Janice M. Stewart regarding Plaintiff's Motion for Interim Fee Award 229 . Order granting the 11/19/12 e-mail request by the Bureau of Prisons to file a sur-response. Sur-Response is due by 11/30/2012. Motion 229 will be taken under advisement on 12/3/2012. (jlr) (Entered: 11/19/2012)
2012-11-30	248	Sur-Response to Motion for Interim Fee Award 229 . Filed by Federal Bureau of Prisons. (Danielson, Kevin) (Entered: 11/30/2012)
2012-12-10	249	Notice of Request for Emergency Status Conference Filed by Stephen Andrew Raher (Raher, Stephen) Modified on 12/10/2012 to reflect this entry as a motion (jlr). (Entered: 12/10/2012)
2012-12-14	250	ORDER by Magistrate Judge Janice M. Stewart: Granting Plaintiff's Request for Emergency Status Conference 249 . A TELEPHONE Status Conference is set for for MONDAY, 12/17/2012 at 3:00PM before Magistrate Judge Janice M. Stewart. The court will initiate the call to counsel. (jlr) (Entered: 12/14/2012)
2012-12-17	251	Fourth Declaration of Clinton Stroble . Filed by Federal Bureau of Prisons. (Related document(s): Order, 243 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5) (Danielson, Kevin) (Entered: 12/17/2012)
2012-12-17	252	MINUTES of Proceedings: Telephone Status Conference. ORDER setting the following deadlines: By 1/31/2013 BOP shall complete and return to Plaintiff the chart provided in Plaintiff's Request for Emergency Status Conference 249 , Exhibit 1, p. 2. By 2/7/2013, the parties must file a Joint Status Report setting forth a briefing schedule. Stephen Raher present as counsel for plaintiff. Kevin C. Danielson present as counsel for defendant. Court Reporter: None. Tape No: None. Magistrate Judge Janice M. Stewart presiding. (ssm) Modified to add [ ] instead of ( )for 249 on 12/21/2012 (cib). (Entered: 12/17/2012)
2013-01-02	253	ORDER: Granting Plaintiff's Motion for Interim Fee Award 229 in the sum of $21,393.00. Signed on 1/2/2013 by Magistrate Judge Janice M. Stewart. (ST) (Entered: 01/02/2013)
2013-01-31	254	Fifth Declaration of Clinton Stroble . Filed by Federal Bureau of Prisons. (Related document(s): Status Conference,, 252 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Danielson, Kevin) (Entered: 01/31/2013)
2013-02-07	255	Joint Status Report by Federal Bureau of Prisons. Filed by Federal Bureau of Prisons. (Danielson, Kevin) (Entered: 02/07/2013)
2013-02-07	256	Scheduling Order by Magistrate Judge Janice M. Stewart: Per the request in Joint Status Report 255 , the next Joint Status Report is due by 2/21/2013, and if necessary, set forth a briefing schedule. (jlr) (Entered: 02/07/2013)
2013-02-21	257	Joint Status Report . Filed by Stephen Andrew Raher. (Raher, Stephen) (Entered: 02/21/2013)
2013-02-21	258	Scheduling Order by Magistrate Judge Janice M. Stewart. Pursuant to the request for extension in the Joint Status Report 257 . A Further Status Report is due 3/25/2013. If settlement negotiations are unsuccessful, the parties may jointly submit a briefing schedule before the 3/25/2013 deadline. (jlr) (Entered: 02/21/2013)
2013-03-25	259	Joint Status Report . Filed by All Defendants. (Danielson, Kevin) (Entered: 03/25/2013)
2013-03-25	260	Scheduling Order by Magistrate Judge Janice M. Stewart. Pursuant to the request for extension in the Joint Status Report 259 , a further Joint Status Report or briefing schedule is due by 4/12/2013. (jlr) (Entered: 03/25/2013)
2013-04-12	261	Joint Status Report by Federal Bureau of Prisons. Filed by Federal Bureau of Prisons. (Danielson, Kevin) (Entered: 04/12/2013)
2013-04-12	262	Scheduling Order by Magistrate Judge Janice M. Stewart. Pursuant to the request for extension in the Joint Status Report 261 , a further Joint Status Report or briefing schedule is due by 5/13/2013. Ordered by Magistrate Judge Janice M. Stewart. (ssm) (Entered: 04/12/2013)
2013-05-13	263	Joint Status Report by Federal Bureau of Prisons. Filed by Federal Bureau of Prisons. (Danielson, Kevin) (Entered: 05/13/2013)
2013-05-13	264	Scheduling Order by Magistrate Judge Janice M. Stewart regarding Status Report 263 . A further Joint Status Report is due by 6/10/2013. (jlr) (Entered: 05/13/2013)
2013-06-10	265	Joint Status Report by Federal Bureau of Prisons. Filed by Federal Bureau of Prisons. (Danielson, Kevin) (Entered: 06/10/2013)
2013-06-11	266	Scheduling Order by Magistrate Judge Janice M. Stewart. ORDER: The parties' settlement agreement or, if no settlement is reached, proposed briefing schedule is due 6/27/13. (jlr) (Entered: 06/11/2013)
2013-06-27	267	Joint Motion for Settlement Agreement Approval . Filed by Stephen Andrew Raher. (Raher, Stephen) (Entered: 06/27/2013)
2013-06-27	268	Notice of Attorney Withdrawal: Scott Erik Asphaug Filed by Federal Bureau of Prisons (Asphaug, Scott) (Entered: 06/27/2013)
2013-07-10	269	Scheduling Order by Magistrate Judge Janice M. Stewart: SETTING a TELEPHONE Status Conference for Thursday 7/18/2013 at 10:30AM before Magistrate Judge Janice M. Stewart re Joint Motion for Settlement Agreement Approval 267 . (jlr) (Entered: 07/10/2013)
2013-07-18	270	MINUTES of Proceedings: before Magistrate Judge Janice M. Stewart. Telephone Status Conference held. Order Approving Joint Motion for Settlement Agreement 267 . Order counsel are allowed to modify the dates in the settlement agreement by mutual consent. Erick Haynie and Stephen Raher present as counsel for plaintiff. Kevin Danielson present as counsel for defendant(s).(Court Reporter none.)Tape: None. (jlr) (Entered: 07/18/2013)
2013-08-29	271	Order by Magistrate Judge Janice M. Stewart: The BOP lodged In Camera documents with the Court on 8/27/2013 and that, pursuant to the Settlement Agreement, the parties' explanations of their positions as to whether BOP's claimed exemptions apply or not are due with 14 days. (jlr) (Entered: 08/29/2013)
2013-09-24	272	Order regarding applicability of FOIA exemptions to documents submitted for in camera review. Signed on 9/24/13 by Magistrate Judge Janice M. Stewart. (ST) (Entered: 09/24/2013)
2013-10-07	273	Joint Stipulation Of Dismissal by Federal Bureau of Prisons. Filed by Federal Bureau of Prisons. (Attachments: # 1 Proposed Order) (Danielson, Kevin) (Entered: 10/07/2013)
2013-10-09	274	ORDER OF DISMISSAL Signed on 10/9/13 by Magistrate Judge Janice M. Stewart. (jlr) (Entered: 10/09/2013)
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