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Case TitleVOTEHEMP, INC. v. DEA, et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2002cv00985
Date Filed2002-05-21
Date Closed2006-10-18
JudgeJudge Reggie B. Walton
PlaintiffVOTEHEMP, INC.
DefendantDRUG ENFORCEMENT ADMINISTRATION
DefendantASA HUTCHINSON Administrator, Drug Enforcement Administration
Documents
Docket
Opinion/Order [56]
FOIA Project Annotation: Judge Reggie Walton has ruled that several remaining disputed documents concerning DEA regulation of industrial hemp are protected under Exemption 5 (privileges). He observed that one document was "an intra-agency memoranda between a DEA scientist and the Chief of the DEA's Office of Diversion Control, that is both predecisional and deliberative." He added that "it was drafted for the purpose of providing expert opinion to one of the drafters of the hemp regulation," and pointed out that "the DEA adequately justified total non-segregability" because "the document contains only scientific opinion associated with DEA's deliberative process." Explaining why another document qualified for protection, Walton said that "the factual information in [the] document relates exclusively to the worldwide economic impact of industrial hemp and represents a mandatory consideration the DEA must make as part of the deliberative process associated with the promulgation of new regulations."
Issues: Exemption 5 - Privileges - Deliberative process privilege - Predecisional, Exemption 5 - Privileges - Deliberative process privilege - Deliberative
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2002-05-211COMPLAINT filed by plaintiff VOTEHEMP, INC. (bm) (Entered: 05/23/2002)
2002-05-21SUMMONS (4) issued to federal party(s) federal defendants DEA, ASA HUTCHINSON, and non-parties: U.S. Attorney and U.S. Attorney General. (bm) (Entered: 05/23/2002)
2002-05-212LCvR 26.1 Certificate of disclosure of corporate affiliations and financial interests by plaintiff VOTEHEMP, INC. (bm) (Entered: 05/23/2002)
2002-07-183MOTION filed by federal defendants DEA, and ASA HUTCHINSON for leave to file an answer out of time ; EXHIBIT-ANSWER (bm) (Entered: 07/19/2002)
2002-07-314ORDER by Judge Reggie B. Walton : granting motion for leave to file an answer out of time [3-1] by ASA HUTCHINSON, DEA; defendant has been granted an enlargement of time in which to file its answer nunc pro tunc until 7/16/02. (N) (jwd) (Entered: 08/01/2002)
2002-07-315ANSWER TO COMPLAINT [1-1] by federal defendant DEA, federal defendant ASA HUTCHINSON . (aet) (Entered: 08/27/2002)
2002-09-046INITIAL SCHEDULING ORDER by Judge Reggie B. Walton status hearing set for 9:00 10/1/02 (N) (pob) (Entered: 09/04/2002)
2002-09-047GENERAL ORDER AND GUIDELINES FOR CIVIL CASES by Judge Reggie B. Walton : (N) (pob) (Entered: 09/04/2002)
2002-10-038MEET AND CONFER STATEMENT/REPORT PURSUANT TO L.R. 16 filed by plaintiff VOTEHEMP, INC., federal defendant DEA, federal defendant ASA HUTCHINSON . (td) (Entered: 10/07/2002)
2002-10-10STATUS HEARING before Judge Reggie B. Walton: motion hearing set for 10:00 12/13/02; plaintiff to file his brief of the issue of fees by 10/18/02; response due 11/1/02; reply due 11/8/02. Reporter: Phyllis (pob) (Entered: 10/10/2002)
2002-10-119ORDER by Judge Reggie B. Walton: plaintiff to submit by 10/18/02 its request for a fee waiver for processing of its FOIA request; defendants response due 11/8/02; reply due 11/8/02; status hearing set for 10:00 12/13/02. (N) (pob) (Entered: 10/11/2002)
2002-10-1810MOTION filed by plaintiff VOTEHEMP, INC. for partial summary judgment ; exhibits (8) (aet) (Entered: 10/21/2002)
2002-11-0111CROSS MOTIONS by federal defendant DEA, federal defendant ASA HUTCHINSON for partial summary judgment ; declaration (1); exhibits (10) (mpt) (Entered: 11/04/2002)
2002-11-0112RESPONSE by federal defendant DEA, federal defendant ASA HUTCHINSON in opposition to motion for partial summary judgment [10-1] by VOTEHEMP, INC.; attachment (1) . (mpt) (Entered: 11/04/2002)
2002-11-0513MOTION (UNOPPOSED) filed by federal defendant DEA, federal defendant ASA HUTCHINSON to modify scheduling order (aet) (Entered: 11/07/2002)
2002-11-0814REPLY by plaintiff VOTEHEMP, INC. in support of motion for partial summary judgment [10-1] by VOTEHEMP, INC. (aet) (Entered: 11/12/2002)
2002-11-0815RESPONSE by plaintiff VOTEHEMP, INC. in opposition to cross motion for partial summary judgment [11-1] by ASA HUTCHINSON, DEA . (aet) (Entered: 11/12/2002)
2002-11-1316ORDER by Judge Reggie B. Walton: granting motion to modify scheduling order [13-1] by ASA HUTCHINSON, DEA to cross motions due 11/18/02 (N) (pob) (Entered: 11/13/2002)
2002-11-1817REPLY by federal defendant DEA, federal defendant ASA HUTCHINSON in support of cross motion for partial summary judgment [11-1] by ASA HUTCHINSON, DEA; exhibit (1) (aet) (Entered: 11/19/2002)
2002-11-1818ATTORNEY APPEARANCE for federal defendant DEA, federal defendant ASA HUTCHINSON by Elizabeth Jane Shapiro (aet) (Entered: 11/19/2002)
2002-12-13SCHEDULING NOTICE: motion hearing set for 10:30 12/18/02 ; before Judge Reggie B. Walton Courtroom 6. (pob) (Entered: 12/13/2002)
2002-12-18MOTION HEARING before Judge Reggie B. Walton: motion for partial summary judgment heard and taken under advisement Reporter: Phyllis Merana (pob) (Entered: 12/18/2002)
2002-12-2319MEMORANDUM OPINION by Judge Reggie B. Walton (N) (bm) (Entered: 12/24/2002)
2002-12-2320ORDER by Judge Reggie B. Walton : denying motion for partial summary judgment [10-1] by VOTEHEMP, INC.; granting cross motion for partial summary judgment [11-1] by ASA HUTCHINSON, DEA (N) (bm) (Entered: 12/24/2002)
2003-01-06STATUS HEARING before Judge Reggie B. Walton: status hearing set for 9:00 2/14/03. Reporter: Phyllis Merana (mlp) (Entered: 01/06/2003)
2003-02-0522MOTION (CONSENT) filed by federal defendant DEA to continue 2/14/03 status conference until the week of 2/24/03 (aet) (Entered: 02/25/2003)
2003-02-1121ORDER by Judge Reggie B. Walton: granting defendants' consent motion to continue status hearing; status hearing set for 9:15 2/25/03 (N) (pob) (Entered: 02/11/2003)
2003-02-25STATUS HEARING before Judge Reggie B. Walton: status hearing set for 9:15 3/11/03 Reporter: Phyllis Merana (pob) (Entered: 02/25/2003)
2003-02-2623ORDER by Judge Reggie B. Walton: status hearing set for 9:15 3/11/03 (N) (pob) (Entered: 02/26/2003)
2003-03-11STATUS HEARING before Judge Reggie B. Walton: status hearing set for 10:00 4/22/03 Reporter: Cathy Crump (Miller) (pob) (Entered: 03/11/2003)
2003-04-1624JOINT MOTION by plaintiff VOTEHEMP, INC., federal defendant DEA, federal defendant ASA HUTCHINSON to continue status conference. (td) (Entered: 04/17/2003)
2003-04-1725ORDER by Judge Reggie B. Walton: granting joint motion to continue status conference. [24-1] by ASA HUTCHINSON, DEA, VOTEHEMP, INC.; status hearing set for 9:30 5/20/03 (N) (pob) (Entered: 04/17/2003)
2003-05-20STATUS HEARING before Judge Reggie B. Walton: status hearing set for 9:30 6/13/03 Reporter: JoAnn Gallo (Miller Reporting) (pob) (Entered: 05/20/2003)
2003-06-0626SUPPLEMENTAL STATUS REPORT by plaintiff VOTEHEMP, INC.; attachment (1) (bm) (Entered: 06/09/2003)
2003-06-0627MOTION filed by plaintiff VOTEHEMP, INC. for order setting deadline for completion of search and production of documents (bm) (Entered: 06/09/2003)
2003-06-13STATUS HEARING before Judge Reggie B. Walton: defendant to submit vaughn index to plaintiff's by 7/7/02; status hearing set for 9:00 7/21/03 Reporter: Cathy Crump (Miller) (pob) (Entered: 06/13/2003)
2003-07-21STATUS HEARING before Judge Reggie B. Walton: cross motions due 9/12/03; response to cross motions due 10/3/03; reply to cross motions due 10/17/03; motion for summary judgment due 8/15/03; response to motion for summary judgment due 9/12/03; reply motion for summary judgment due 10/3/03; status hearing set for 9:00 1/19/04 Reporter: Phyllis Merana (pob) (Entered: 07/22/2003)
2003-07-2128ORDER by Judge Reggie B. Walton : confirming status hearing of 07/21/03 (N) (pob) (Entered: 07/22/2003)
2003-07-25SCHEDULING NOTICE: status hearing reset from 1/19/04 to 9:00 1/20/04 before Judge Reggie B. Walton Courtroom 5, 2nd Floor. (pob) (Entered: 07/25/2003)
2003-08-0529SUBSTITUTION OF COUNSEL for federal defendant DEA, federal defendant ASA HUTCHINSON , substituting Ronald James Wiltsie II for attorney Jonathan Brian New for ASA HUTCHINSON, attorney Anne L. Weismann for ASA HUTCHINSON, attorney Jonathan Brian New for DEA, attorney Anne L. Weismann for DEA (bjsp) (Entered: 08/06/2003)
2003-08-1130MOTION (UNOPPOSED) filed by federal defendant DEA, federal defendant ASA HUTCHINSON to extend time to 9/26/03 to file summary judgment (bjsp) (Entered: 08/13/2003)
2003-08-1431ORDER by Judge Reggie B. Walton: granting motion to extend time to 9/26/03 to file summary judgment [30-1] by ASA HUTCHINSON, DEA cross motions due by 10/24/03; to cross motions due by 11/14/03; reply to cross motions due by 12/5/03; motion for summary judgment due by 9/26/03; response to motion for summary judgment due 10/24/03; reply to motion for summary judgment due by 11/14/03; status hearing reset for 10:00 3/5/04 (N) (pob) (Entered: 08/15/2003)
2003-09-2532MOTION (UNOPPOSED) filed by federal defendant DEA, federal defendant ASA HUTCHINSON to extend time to 9/25/03 to file motion for summary judgment (bjsp) (Entered: 09/26/2003)
2003-10-0633ORDER by Judge Reggie B. Walton : granting motion to extend time to 9/25/03 to file motion for summary judgment [32-1] by ASA HUTCHINSON, DEA cross motions due by 11/7/03 ; response to cross motions due by 11/28/03 ; reply to cross motions due by 12/9/03 ; motion for summary judgment due by <date not set> ; response to motion for summary judgment due <date not set> ; reply to motion for summary judgment due by <date not set> ; (N) (tb) (Entered: 10/07/2003)
2003-10-1034MOTION filed by federal defendant DEA, federal defendant ASA HUTCHINSON for summary judgment ; exhibits (2) (bjsp) (Entered: 10/15/2003)
2003-11-0735Cross MOTION for Summary Judgment by VOTEHEMP, INC.. (Attachments: # 1 Text of Proposed Order)(Sandler, Joseph) (Entered: 11/07/2003)
2003-11-0736Memorandum in opposition to motion re 34 defendants' summary judgment filed by VOTEHEMP, INC.. (Attachments: # 1 Text of Proposed Order)(Sandler, Joseph) (Entered: 11/07/2003)
2003-11-0737ERRATA to plaintiff's memorandum in opposition to defendants motion for summary judgment by VOTEHEMP, INC.. (Attachments: # 1 # 2 # 3 )(td, ) (Entered: 11/14/2003)
2003-11-2638MOTION for Extension of Time to Oppose Plaintiff's Cross-Motion for Summary Judgment by DRUG ENFORCEMENT ADMINISTRATION, ASA HUTCHINSON. (Wiltsie, Ronald) (Entered: 11/26/2003)
2003-12-0239Memorandum in opposition to motion re 34 Summary Judgment for VoteHemp and in Reply in Support Of Defendants' Motion for Summary Judgment filed by DRUG ENFORCEMENT ADMINISTRATION, ASA HUTCHINSON. (Attachments: # 1 Exhibit Three# 2 Attachment Z# 3 Attachment AA)(Wiltsie, Ronald) (Entered: 12/02/2003)
2003-12-0340RESPONSE to Plaintiff's Statement of Undisputed Facts Supporting Plaintiff's Cross-Motion for Summary Judgment filed by DRUG ENFORCEMENT ADMINISTRATION, ASA HUTCHINSON. (Wiltsie, Ronald) (Entered: 12/03/2003)
2003-12-04MINUTE ORDER granting 38 Motion for Extension of Time for Defendants to File Reply/Opposition. Defendants shall file their reply/opposition on or before December 2, 2003. Plaintiffs shall file its reply on or before December 16, 2003. Signed by Judge Reggie B. Walton on December 4, 2003. (lcrbw3, ) (Entered: 12/04/2003)
2003-12-09MINUTE ORDER finding as moot 27 Motion for Order setting deadline for completion of search.Signed by Judge Reggie B. Walton on December 9, 2003. (lcrbw3, ) (Entered: 12/09/2003)
2003-12-1641REPLY in support of motion re 35 cross-motion for summary judgment filed by VOTEHEMP, INC.. (Sandler, Joseph) (Entered: 12/16/2003)
2004-03-04Remark: Status call set for 3/5/04 is hereby vacated; new date to be set after the Court rules on pending motions. (pob) (Entered: 03/04/2004)
2004-09-3042ORDER granting in part and denying in part 34 Motion for Summary Judgment, granting in part and denying in part 35 Cross Motion for Summary Judgment. Signed by Judge Reggie B. Walton on September 30, 2004. (lcrbw3, ) (Entered: 09/30/2004)
2004-10-1543MEMORANDUM OPINION. Signed by Judge Reggie B. Walton on October 15, 2004. (lcrbw3, ) (Entered: 10/15/2004)
2004-11-1744NOTICE Of Filing Of Supplemental Vaughn Index Declaration by DRUG ENFORCEMENT ADMINISTRATION, ASA HUTCHINSON (Attachments: # 1 Supplemental Vaughn Index Declaration of William C. Little, Jr.)(Wiltsie, Ronald) (Entered: 11/17/2004)
2004-11-1845NOTICE OF APPEAL as to 42 Order on Motion for Summary Judgment, by VOTEHEMP, INC. Filing fee $ 255, receipt number 129595. (cp, ) (Entered: 11/19/2004)
2004-11-18Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 45 Notice of Appeal (cp, ) (Entered: 11/19/2004)
2004-12-03USCA Case Number 04-5423 for 45 Notice of Appeal filed by VOTEHEMP, INC.. (jsc) (Entered: 12/06/2004)
2005-03-0246ORDER of USCA (certified copy) as to 45 Notice of Appeal filed by VOTEHEMP, INC.; It is hereby ordered that this case is hereby dismissed; USCA#04-5423 (jsc) (Entered: 03/07/2005)
2005-03-09Set/Reset Hearings: Status Conference set for 4/15/2005 10:30 AM in Courtroom 5 before Judge Reggie B. Walton. (mpt, ) (Entered: 03/09/2005)
2005-03-3047MOTION to Continue April 15, 2005 Status Conference by DRUG ENFORCEMENT ADMINISTRATION, ASA HUTCHINSON. (Wiltsie, Ronald) (Entered: 03/30/2005)
2005-03-31MINUTE ORDER granting 47 Motion to Continue. The status conference scheduled for April 15, 2005 is canceled and rescheduled to April 26, 2005 at 9:15 a.m. Signed by Judge Reggie B. Walton on March 31, 2005. (lcrbw3, ) (Entered: 03/31/2005)
2005-03-31Set/Reset Hearings: Status Conference set for 4/26/2005 09:15 AM in Courtroom 5 before Judge Reggie B. Walton. (mpt, ) (Entered: 04/07/2005)
2005-04-0848Unopposed MOTION to Continue Status Conference of April 26, 2005 by VOTEHEMP, INC.. (Sandler, Joseph) (Entered: 04/08/2005)
2005-04-13ORDER granting 48 Motion to Continue Status Confernce scheduled for April 26, 2005. The parties will be contacted by the courtroom deputy to reschedule. Signed by Judge Reggie B. Walton on April 12, 2005. (lcrbw3, ) (Entered: 04/13/2005)
2005-04-20Set/Reset Hearings: Status Conference reset for 5/19/2005 09:15 AM in Courtroom 5 before Judge Reggie B. Walton. (mpt, ) (Entered: 04/20/2005)
2005-05-1249Unopposed MOTION to Continue May 19, 2005 Status Conference by VOTEHEMP, INC.. (Sandler, Joseph) (Entered: 05/12/2005)
2005-05-13MINUTE ORDER granting 49 Motion to Continue Status Conference scheduled for May 19, 2005. The status conference is rescheduled to June 9, 2005 at 9:15 a.m. Signed by Judge Reggie B. Walton on May 13, 2005. (lcrbw3, ) (Entered: 05/13/2005)
2005-06-13Minute Entry for proceedings held before Judge Reggie B. Walton : Status Conference held on 6/13/2005; Motions due 6/27/05; Oppositions due 7/11/05; Reply 7/18/05; Status Conference set for 10/21/2005 09:45 AM in Courtroom 5 before Judge Reggie B. Walton. (Court Reporter Phyllis Merana.) (mpt, ) (Entered: 06/13/2005)
2005-06-2750MOTION for Entry of Final Judgment by VOTEHEMP, INC.. (Sandler, Joseph) (Entered: 06/27/2005)
2005-06-2851ERRATA to Plaintiff's Motion for Entry of Order as to Remaining Documents in Dispute by VOTEHEMP, INC.. (Attachments: # 1 Plaintiff's Memorandum of Points and Authorities in Support of Motion for Entry of Order as to Remaining Documents in Dispute# 2 Text of Proposed Order # 3 Certificate of Service)(Sandler, Joseph) (Entered: 06/28/2005)
2005-07-1152Memorandum in opposition to motion re 50 Entry of Final Judgment filed by DRUG ENFORCEMENT ADMINISTRATION, ASA HUTCHINSON. (Attachments: # 1 Exhibit Supplemental Vaughn Declaration# 2 Text of Proposed Order)(Wiltsie, Ronald) (Entered: 07/11/2005)
2005-07-1153NOTICE of Filing of Documents Under Seal by DRUG ENFORCEMENT ADMINISTRATION, ASA HUTCHINSON re 52 Memorandum in Opposition (Wiltsie, Ronald) (Entered: 07/11/2005)
2005-07-1854REPLY to opposition to motion re 50 Entry of Final Judgment filed by VOTEHEMP, INC.. (Sandler, Joseph) (Entered: 07/18/2005)
2005-10-20MINUTE ORDER vacating the October 20, 2005 status conference. The status conference will be resheduled after resolution of the pending dispositive motion. Signed by Judge Reggie B. Walton on October 19, 2005. (lcrbw3, ) (Entered: 10/20/2005)
2006-06-3055ORDER denying 50 Motion for Entry of Final Judgment. Signed by Judge Reggie B. Walton on June 30, 2006. (MDW, ) (Entered: 06/30/2006)
2006-06-3056MEMORANDUM OPINION. Signed by Judge Reggie B. Walton on June 30, 2006. (MDW, ) (Entered: 06/30/2006)
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