Case Detail

FOIA Project Annotation: Judge Ellen Segal Huvelle has ruled that the Justice Department conducted an adequate search for records pertaining to the 1996 termination of former Assistant U.S. Attorney Raymond Granger, whom requester Howard Bloomgarden suggested had been fired for anti-semitic comments. Bloomgarden requested Granger's termination records, believing they might contain evidence that Granger had committed misconduct in Bloomgarden's case. EOUSA searched personnel files in both Washington and Brooklyn and told Bloomgarden that it found no records. However, since the most recent address EOUSA had for Bloomgarden was his attorney, the agency sent the response to the attorney. Bloomgarden filed a sworn declaration that he did not receive the response. The agency then searched the National Personnel Records Center and located files on Granger, but found no termination letter. EOUSA first argued that Bloomgarden had failed to exhaust his administrative remedies because it had responded to Bloomgarden and he had failed to file an appeal. But Huvelle noted that "the central question at issue here is not the date on which the defendant mailed the letter, but rather the date on which plaintiff received it." She added that "the plaintiff in this case filed both a complaint and a declaration (under the penalty of perjury) stating that he never received a response from defendant" and because "a disputed issue of material fact exists, the Court will not grant defendant's motion for summary judgment on exhaustion grounds." Huvelle found the agency had conducted a targeted search and that its decision to search the NPRC was further evidence of its good faith. She noted that "though the NPRC was unable to locate the particular documents that plaintiff hoped it would find, it was able to locate Granger's personnel file, which further demonstrates the adequacy of the scope of defendant's search and rebuts any conclusory allegations made my plaintiff that the defendant failed to act in good faith in its attempt to locate responsive documents. Huvelle rejected Bloomgarden's contention that the records must still exist, noting instead that "to the contrary, such documents�"if the DOJ still had access to them after more than fifteen years�"would almost certainly been found during the course of defendant's multiple searches, especially the search of the NPRC."
Issues: Adequacy - Search

FOIA Project Annotation: Judge Ellen Segal Huvelle has ruled that a detailed disciplinary letter concerning a former Assistant U.S. Attorney who was terminated is protected by Exemption 6 (invasion of privacy), but does not qualify as a law enforcement record for purposes of Exemption 7(C) (invasion of privacy concerning law enforcement records). Howard Bloomgarden had been convicted in 1995 on drug-related charges in the Eastern District of New York. The prosecution also involved allegations of kidnap and murder. Bloomgarden currently is being tried for those murders in California. He requested records about the former AUSA to use in his murder trial as evidence of prosecutorial misconduct in the original conviction. The former AUSA was disciplined and terminated by the Justice Department in the latter 1990s. After reviewing the letter in camera Huvelle found the entire letter was protected under Exemption 6. She rejected the agency's Exemption 7(C) claim, noting that "a document is not exempt if it is merely 'related to' a criminal prosecution, but instead must have been 'compiled for' that purpose." She added that "it is not enough that a law enforcement agency, acting as an employer, compiled the document as part of a supervisory investigation into its own employee's misconduct. . .DOJ does not contend that its investigation of the former AUSA involved any suspicion of illegal activity, or that the Letter made any such allegation. Rather, the Letter arose out of precisely the type of run-of-the-mill employee discipline that falls outside Exemption 7(C)." Noting that the disciplinary action took place more than 20 years ago, she observed that "plaintiff is correct that federal prosecutors do weighty, important work, affecting matters of 'life, death, or lengthy incarceration.' But it does not necessarily follow that everything a prosecutor does is a matter of pressing public concern, especially as regards instances of garden-variety incompetence and insubordination, and especially years and years after the fact." Balancing the former AUSA's privacy interest against the public interest in disclosure, she indicated that "the former AUSA has a strong interest in avoiding the professional embarrassment that disclosure would likely cause, while the public has only a negligible need to know about a largely unremarkable, decades-old disciplinary proceeding involving an entry-level prosecutor." Huvelle then found that segregating non-exempt information from the letter was impossible because "the Letter's content and the former AUSA's identity are 'inextricably intertwined.'" She explained that "even if the former AUSA had not been publicly identified as the Letter's subject, the Court finds that the exhaustively detailed thirty-five page Letter would allow others to identify him as the responsible U.S. Attorney in each of the cases discussed therein."
Issues: Exemption 7 - Threshold, Exemption 6 - Invasion of privacy

FOIA Project Annotation: Wrapping up a case in which she found the Justice Department had properly withheld a disciplinary letter concerning an Assistant U.S. Attorney who was later terminated under Exemption 6 (invasion of privacy), Judge Ellen Segal Huvelle has ruled that signatures of DOJ criminal investigators on witness testimony agreements are protected by Exemption 7(C) (invasion of privacy concerning law enforcement records). Howard Bloomgarden had requested records about his criminal conviction and DOJ employees who were involved in his case. Huvelle found the only issue remaining was Bloomgarden's contention that disclosure of the signatures on proffer agreements would not constitute an unwarranted invasion of privacy. Huvelle disagreed, noting that "he ignores the fact that the content of the proffer agreements has already been disclosed to him, and thus the public has already received the relevant information. Nothing in the investigators' redacted identities would further inform the public on that score." Bloomgarden suggested the signatures might be forged. But Huvelle remained unconvinced, pointing out that "the former AUSA's disciplinary letter offers no indication that these signatures were forged or unauthorized. Thus, even if plaintiff were correct that the former AUSA did forge signatures or sign documents without authorization, the information withheld here by DOJ does nothing to prove it."
Issues: Exemption 7(C) - Invasion of privacy concerning law enforcement records

FOIA Project Annotation: For the second time in recent months, a district court judge in the D.C. Circuit has ordered the government to pay attorney's fees to a plaintiff whose only claim to be entitled to fees was because of the agency's obdurate behavior in responding to his request. Ruling that Howard Bloomgarden is entitled to $45,518 in fees and costs, a reduction from the original request for $75,654, Judge Ellen Segal Huvelle found that EOUSA's conduct in processing the request was unreasonable. After the agency told him that it had found no records responsive to his request for disciplinary records pertaining to an Assistant U.S. Attorney, Bloomgarden filed suit. Huvelle originally ruled against Bloomgarden and he appealed to the D.C. Circuit. While his appeal was pending, EOUSA located a disciplinary file containing more than 3,000 pages, including records that had been sealed by a court order 20 years previously. The D.C. Circuit remanded the case to Huvelle. She rejected the agency's claim that the sealing order continued to prohibit disclosure of records, but also ruled that a 35-page disciplinary letter was exempt under Exemption 6 (invasion of privacy). Noting that "the vast majority of the 3,700-page file that plaintiff requested has 'little if any value to anyone, including the plaintiff,'" Huvelle found that because Bloomgarden's motive for requesting the records was to undercut the government's credibility in his trial for murder in California "there is no public interest in plaintiff's attempt to uncover evidence that would absolve him of criminal liability." However, she pointed out that "this litigation was plagued by the government's obdurate and recalcitrant behavior," including its initial refusal to release public documents, its submission of a "woefully inadequate" Vaughn index, and its attempt to raise new bases for withholding documents. She then assessed the reasonableness of Bloomgarden's fee request. She concluded that Bloomgarden was not entitled to fees for the first phase of the litigation since it was not until later that another agency responding to one of Bloomgarden's requests located the disciplinary file that became the focus of the litigation. Since Bloomgarden did not prevail in much on the second phase of the litigation Huvelle reduced his request by a third. She criticized Bloomgarden for block billing â€"lumping several tasks together in one billing entry. She pointed out that "given the difficulty in disambiguating the block billed entries to reduce travel-time recovery or to evaluate the reasonableness of the entries themselves, the Court will [instead] reduce plaintiff's recovery by an additional 4%." Huvelle did not award Bloomgarden for the third phase of the litigation because he had not prevailed on any issue except for his fee request. Even there, she reduced his $4,050 fees by 30% to account for duplication and over-billing.
Issues: Litigation - Attorney's fees - Entitlement - Reasonable Basis for Withholding, Litigation - Attorney's fees - Entitlement - Calculation of award

Date Filed	Doc #	Docket Text
2012-05-24	1	COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE ( Filing fee $ 350, receipt number 4616048501) filed by HOWARD BLOOMGARDEN. (Attachments: # 1 Civil Cover Sheet)(dr) (Entered: 05/25/2012)
2012-05-24		SUMMONS (3) Issued as to UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (dr) (Entered: 05/25/2012)
2012-05-31	2	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/25/2012. Answer due for ALL FEDERAL DEFENDANTS by 6/24/2012. (jf, ) (Entered: 06/01/2012)
2012-06-01	3	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/30/2012; RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 5/30/2012. (dr) (Entered: 06/04/2012)
2012-06-25	4	NOTICE of Appearance by Sean Joseph Vanek on behalf of UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Certificate of Service)(Vanek, Sean) (Entered: 06/25/2012)
2012-06-25	5	MOTION for Extension of Time to Respond to the Complaint by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Vanek, Sean) (Entered: 06/25/2012)
2012-06-26		MINUTE ORDER granting 5 Motion for Extension of Time to Answer: it is hereby ORDERED that defendant's answer is due by 8/24/2012. Signed by Judge Ellen S. Huvelle on June 26, 2012. (AG) (Entered: 06/26/2012)
2012-08-10	6	MOTION for Order to change address by HOWARD BLOOMGARDEN (td, ) (Entered: 08/13/2012)
2012-08-14		MINUTE ORDER granting 6 Motion for Order to Change Mailing Address: Upon consideration of plaintiff's motion to change his mailing address, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that the Clerk shall add the following as an additional mailing address: Howard Bloomgarden c/o Jack Earley, Esq., 18201 Von Karman Avenue, Suite 1000, Irvine, CA 92612; and it is further ORDERED that this Minute Order and all subsequent filings by the Court or the defendant shall be served on plaintiff at his current address and at the additional address listed above. Signed by Judge Ellen S. Huvelle on August 14, 2012. (AG) (Entered: 08/14/2012)
2012-08-23	7	MOTION for Extension of Time to Respond to the Complaint by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Vanek, Sean) (Entered: 08/23/2012)
2012-08-27		MINUTE ORDER granting 7 Motion for Extension of Time: Upon consideration of Defendant's Motion for Enlargement of Time, and it appearing to the Court that the granting of Defendant's motion would be just and proper, it is hereby ORDERED that Defendant's Motion for Enlargement of Time is GRANTED; and it is further ORDERED that Defendant shall file its response to Plaintiff's Complaint on or before September 24, 2012. Signed by Judge Ellen S. Huvelle on August 27, 2012. (AG) (Entered: 08/27/2012)
2012-09-24	8	MOTION for Extension of Time to Respond to the Complaint by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Vanek, Sean) (Entered: 09/24/2012)
2012-09-24		MINUTE ORDER granting 8 Motion for Extension of Time: Upon consideration of Defendant's Motion for Enlargement of Time, and it appearing to the Court that the granting of Defendant's motion would be just and proper, it is hereby ORDERED that Defendant's Motion for Enlargement of Time is GRANTED; and it is further ORDERED that Defendant file its response to Plaintiff's Complaint on or before October 24, 2012. Signed by Judge Ellen S. Huvelle on September 24, 2012. (AG) (Entered: 09/24/2012)
2012-09-25		Set/Reset Deadlines: Answer/Response to the complaint due by 10/24/2012, (gdf) (Entered: 09/25/2012)
2012-11-09	9	MOTION for Extension of Time to Respond to the Complaint by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Vanek, Sean) (Entered: 11/09/2012)
2012-11-09	10	MOTION to Amend/Correct 1 Complaint by HOWARD BLOOMGARDEN (td, ) (Entered: 11/09/2012)
2012-11-09		MINUTE ORDER granting 10 plaintiff's Motion to Amend: Pursuant to Rule 15(a)(1), plaintiff has the right to amend his complaint. Accordingly, it is hereby ORDERED that the motion is granted; and it is further ORDERED that the Clerk shall docket the Amended Complaint, which is attached to plaintiff's motion; and it is further ORDERED that defendant shall file its response to the Amended Complaint by December 20, 2012. Signed by Judge Ellen S. Huvelle on November 9, 2012.(AG) (Entered: 11/09/2012)
2012-11-09		MINUTE ORDER finding as moot 9 Motion for Extension of Time to Respond to Complaint due to plaintiff's filing of an Amended Complaint on November 9, 2012. Signed by Judge Ellen S. Huvelle on November 9, 2012. (AG) (Entered: 11/09/2012)
2012-11-09	11	AMENDED COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE filed by HOWARD BLOOMGARDEN.(td, ) (Entered: 11/13/2012)
2012-12-20	12	MOTION for Extension of Time to Respond to the Complaint by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Vanek, Sean) (Entered: 12/20/2012)
2012-12-21		MINUTE ORDER granting 12 Motion for Extension of Time: Upon consideration of Defendant's Motion for Enlargement of Time, and it appearing to the Court that the granting of Defendant's motion would be just and proper, it is hereby ORDERED that Defendant's Motion for Enlargement of Time is GRANTED; and it is further ORDERED that Defendant's response to Plaintiff's Amended Complaint is due by January 31, 2013. Signed by Judge Ellen S. Huvelle on December 21, 2012. (AG) (Entered: 12/21/2012)
2012-12-28		Set/Reset Deadlines: Answer due by 1/31/2013, (gdf) (Entered: 12/28/2012)
2013-02-01	13	MOTION for Extension of Time to Respond to the Complaint by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Vanek, Sean) (Entered: 02/01/2013)
2013-02-04		MINUTE ORDER granting 13 Motion for Extension of Time: Upon consideration of Defendant's Motion for Enlargement of Time, and it appearing to the Court that the granting of Defendant's motion would be just and proper, it is hereby ORDERED that Defendant's Motion for Enlargement of Time is GRANTED; and it is further ORDERED that Defendant's response to Plaintiff's Amended Complaint is due by March 1, 2013. Signed by Judge Ellen S. Huvelle on February 4, 2013. (AG) (Entered: 02/04/2013)
2013-02-04		Set/Reset Deadlines: Answer/Response to Plaintiff's Amended Complaint due by 3/1/2013, (gdf) (Entered: 02/05/2013)
2013-03-20	14	NOTICE of Appearance by Scott Allan Hodes on behalf of All Plaintiffs (Hodes, Scott) (Entered: 03/20/2013)
2013-03-25	15	ANSWER to 11 Amended Complaint by UNITED STATES DEPARTMENT OF JUSTICE. Related document: 11 Amended Complaint filed by HOWARD BLOOMGARDEN.(Vanek, Sean) (Entered: 03/25/2013)
2013-04-08	16	STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Vanek, Sean) (Entered: 04/08/2013)
2013-04-09		MINUTE ORDER re 16 Joint Status Report: Upon consideration of the Joint Status Report, it is hereby ORDERED that Defendant shall complete the search for responsive records at the National Personnel Records Center on or before May 7, 2013; and it is further ORDERED that the parties shall file a joint status report which includes a proposed briefing schedule for any further motions on or before May 14, 2013. Signed by Judge Ellen S. Huvelle on April 8, 2013. (AG) (Entered: 04/09/2013)
2013-04-16		Set/Reset Deadlines: Joint Status Report due by 5/14/2013 (gdf) (Entered: 04/16/2013)
2013-04-30	17	NOTICE of Appearance by Michelle Jean Seo on behalf of UNITED STATES DEPARTMENT OF JUSTICE (Seo, Michelle) (Entered: 04/30/2013)
2013-05-14	18	STATUS REPORT (Joint) by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Seo, Michelle) (Entered: 05/14/2013)
2013-05-14		MINUTE ORDER re 18 Joint Status Report filed on May 14, 2013: Upon consideration of the Joint Status Report, it is hereby ORDERED that the deadline by which Defendant shall complete the search for responsive records at the National Personnel Records Center has been reset to on or before Friday, May 17, 2013; and it is further ORDERED that Defendant's motion for summary judgment is due by Friday, June 28, 2013; that Plaintiff's opposition and any cross-motion is due by Monday, July 29, 2013; that Defendant's reply and opposition to any cross-motion is due by Wednesday, August 28, 2013; and that Plaintiff's reply (if any) is due by Wednesday, September 11, 2013. SO ORDERED. Signed by Judge Ellen S. Huvelle on May 14, 2013. (AG) (Entered: 05/14/2013)
2013-05-15		Set/Reset Deadlines: Defendant to complete the search for responsive records at the National Personnel Records Center by 5/17/2013. Defendant's Summary Judgment motion due by 6/28/2013. Response to Motion for Summary Judgment and any Cross Motion due by 7/29/2013. Reply to Motion for Summary Judgment and response to any Cross Motion due by 8/28/2013. Any Reply to Cross Motion due by 9/11/2013. (zmm, ) (Entered: 05/15/2013)
2013-06-26	19	Consent MOTION for Extension of Time to /for Extension of the Deadlines set Forth in the Court's Minute Order and a Modified Briefing Schedule by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Seo, Michelle) (Entered: 06/26/2013)
2013-06-26		MINUTE ORDER granting 19 Motion for Extension of Time. Defendants' motion for summary judgment will be due by July 29, 2013; plaintiffs' Opposition and Cross-Motion will be due by August 28, 2013; defendants' Opposition and Reply will be due by September 27, 2013; and plaintiffs' Reply will be due by October 11, 2013. Signed by Judge Ellen S. Huvelle on June 26, 2013. (lcesh2) (Entered: 06/26/2013)
2013-06-27		Set/Reset Deadlines: Defendants' Summary Judgment motion due by 7/29/2013. Response to Motion for Summary Judgment and Cross Motion due by 8/28/2013. Reply to Motion for Summary Judgment and Response to Cross Motion due by 9/27/2013. Reply to Cross Motion due by 10/11/2013. (zmm, ) (Entered: 06/27/2013)
2013-07-26	20	MOTION for Extension of Time to /for Extension of the Deadlines set Forth in the Court's Minute Order and a Modified Briefing Schedule by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Seo, Michelle) (Entered: 07/26/2013)
2013-07-29		MINUTE ORDER granting 20 defendant's Motion for Extension of Time: UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED hat the Motion is GRANTED; and it is further ORDERED that Defendant's motion shall be due on Friday, August 23, 2013; Plaintiff will file its Opposition to Defendant's Motion for Summary Judgment and any Cross-Motion for Summary Judgment by Monday, September 23, 2013; Defendant will file its Reply to Plaintiff's Opposition and Opposition to any Cross-Motion by Wednesday, October 23, 2013; and Plaintiff will file its Reply (if any) to Defendant's Opposition to Plaintiff's Cross-Motion for Summary Judgment by Wednesday, November 6, 2013. SO ORDERED. Signed by Judge Ellen S. Huvelle on July 29, 2013. (AG) (Entered: 07/29/2013)
2013-08-23	21	MOTION for Extension of Time to /for Extension of the Deadline set forth in the Court's Minute Order by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Seo, Michelle) (Entered: 08/23/2013)
2013-08-26	22	Memorandum in opposition to re 21 MOTION for Extension of Time to /for Extension of the Deadline set forth in the Court's Minute Order filed by HOWARD BLOOMGARDEN. (Attachments: # 1 Text of Proposed Order)(Hodes, Scott) (Entered: 08/26/2013)
2013-08-26		MINUTE ORDER granting in part 21 Motion for Extension of Time. It is FURTHER ORDERED that defendant's motion for summary judgment shall be due on September 4, 2013. Signed by Judge Ellen S. Huvelle on August 26, 2013. (lcesh2) (Entered: 08/26/2013)
2013-08-27		Set/Reset Deadlines: Motion for summary judgment due by 9/4/2013. (zmm, ) (Entered: 08/27/2013)
2013-09-04	23	MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts, # 2 Declaration Luczynski, # 3 Declaration Cook, # 4 Declaration Henriquez, # 5 Text of Proposed Order)(Seo, Michelle) (Entered: 09/04/2013)
2013-09-16	24	Unopposed MOTION for Extension of Time to File Opposition to Defendant's Motion for Summary Judgment by HOWARD BLOOMGARDEN (Attachments: # 1 Text of Proposed Order)(Hodes, Scott) (Entered: 09/16/2013)
2013-09-16	25	MINUTE ORDER granting 24 plaintiff's Unopposed Motion for Extension of Time: Upon consideration of Plaintiff's Motion for an Extension of Time, the lack of opposition to, and the entire record herein, it is hereby ORDERED that Plaintiff's Motion is GRANTED; and it is further ORDERED that Plaintiff's Opposition to Defendant's Motion for Summary Judgment is due by October 9, 2013; and it is further ORDERED that Defendant's Reply to Plaintiff's Opposition is due by November 8, 2013. Signed by Judge Ellen S. Huvelle on September 16, 2013. (AG) (Entered: 09/16/2013)
2013-09-16		Set/Reset Deadlines: Response to Motion for Summary Judgment due by 10/9/2013. Reply to Motion for Summary Judgment due by 11/8/2013. (zmm, ) (Entered: 09/16/2013)
2013-10-09	26	Memorandum in opposition to re 23 MOTION for Summary Judgment filed by HOWARD BLOOMGARDEN. (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Bloomgarden Declaration, # 4 Exhibits to Bloomgarden Decl., # 5 Early Declaration, # 6 Exhibits to Early Decl., # 7 Text of Proposed Order)(Hodes, Scott) (Entered: 10/09/2013)
2013-11-07	27	Consent MOTION for Extension of Time to /of the Deadline Set Forth in the Court's Minute Order by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Seo, Michelle) (Entered: 11/07/2013)
2013-11-08		MINUTE ORDER granting 27 Consent Motion for Extension of Time: Upon consideration of Defendant's Consent Motion for Extension of Time to file its reply, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that defendant's reply is due on November 22, 2013. Signed by Judge Ellen S. Huvelle on November 8, 2013. (AG) (Entered: 11/08/2013)
2013-11-08		Set/Reset Deadlines: Reply due by 11/22/2013. (zmm, ) (Entered: 11/08/2013)
2013-11-22	28	MOTION for Extension of Time to /of the Deadline set Forth in the Court's Minute Order by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Seo, Michelle) (Entered: 11/22/2013)
2013-11-23		MINUTE ORDER granting 28 Defendant's Motion for Extension of Time: Upon consideration of Defendant's Motion for Extension of the Deadline to file its Reply, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED that the Motion is GRANTED; and it is further ORDERED that Defendant's reply is due by November 26, 2013. Signed by Judge Ellen S. Huvelle on November 23, 2013. (AG) (Entered: 11/23/2013)
2013-11-26	29	REPLY re 23 Motion for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts (Response and Reply), # 2 Declaration (Supplemental) Luczynski, # 3 Declaration (Supplemental) Henriquez)(Seo, Michelle) Modified on 11/27/2013 to correct docket link (jf, ). (Entered: 11/26/2013)
2013-11-27		NOTICE OF ERROR re 29 Reply to Document; emailed to michelle.seo@usdoj.gov, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. DO NOT REFILE-Reply is always linked to the motion (jf, ) (Entered: 11/27/2013)
2013-12-02	30	NOTICE OF SUBSTITUTION OF COUNSEL by Kimberly J. Duplechain on behalf of All Defendants Substituting for attorney Michelle J. Seo (Duplechain, Kimberly) (Entered: 12/02/2013)
2014-01-22	31	MEMORANDUM OPINION. Signed by Judge Ellen S. Huvelle on January 22, 2014.(lcesh2) (Entered: 01/22/2014)
2014-01-22	32	ORDER granting 23 defendant's Motion for Summary Judgment for the reasons stated in 31 Memorandum Opinion. Signed by Judge Ellen S. Huvelle on January 22, 2014. (lcesh2) (Entered: 01/22/2014)
2014-03-21	33	NOTICE OF APPEAL as to 32 Order on Motion for Summary Judgment, 31 Memorandum & Opinion by HOWARD BLOOMGARDEN. Filing fee $ 505, receipt number 4616062803. Fee Status: Fee Paid. Parties have been notified. (rdj) (Entered: 03/24/2014)
2014-03-24	34	Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re 33 Notice of Appeal. (rdj) (Entered: 03/24/2014)
2014-03-25		USCA Case Number 14-5065 for 33 Notice of Appeal filed by HOWARD BLOOMGARDEN. (kb) (Entered: 04/02/2014)
2014-12-10	38	ORDER of USCA (certified copy) as to 33 Notice of Appeal filed by HOWARD BLOOMGARDEN. Upon consideration of appellant's unopposed motion to issue mandate instanter, that the motion be granted. The Clerk is directed to issue forthwith to the district court a certified copy of this order in lieu of formal mandate. USCA Case Number 14-5065. (erd) (Entered: 12/15/2014)
2014-12-15	35	Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Torrance S. E. Lewis, :Firm- Torrance Lewis S.P., :Address- 31 Churchill Road, Pittsburgh, PA 15235. Phone No. - 412-871-5931. Fax No. - 214-319-2502 Filing fee $ 100, receipt number 0090-3935823. Fee Status: Fee Paid. by HOWARD BLOOMGARDEN (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Hodes, Scott) (Entered: 12/15/2014)
2014-12-15	36	Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Howard Anderson, :Firm- Law Office of Howard Anderson, :Address- PO Box 851, 402 Pendleton Rd., Suite 3, Clemson, SC 29633. Phone No. - 864-643-3790. Fax No. - 864-332-9798 Filing fee $ 100, receipt number 0090-3935845. Fee Status: Fee Paid. by HOWARD BLOOMGARDEN (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Hodes, Scott) (Entered: 12/15/2014)
2014-12-15	37	ERRATA by HOWARD BLOOMGARDEN 36 Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Howard Anderson, :Firm- Law Office of Howard Anderson, :Address- PO Box 851, 402 Pendleton Rd., Suite 3, Clemson, SC 29633. Phone No. - 864-643-3790. Fax No. - 864-332-9798 1 Declaration)(Hodes, Scott) (Entered: 12/15/2014)
2014-12-15		MINUTE ORDER granting 35 Motion for Leave to Appear Pro Hac Vice ; granting 36 Motion for Leave to Appear Pro Hac Vice: Upon consideration of the pending unopposed motions for leave to appear pro hac vice, it is hereby ORDERED that the motions are GRANTED; and it is further ORDERED that Howard Anderson and Torrence S.E. Lewis are admitted pro hac vice for the purpose of appearing in the above-captioned case. Signed by Judge Ellen S. Huvelle on December 15, 2014. (AG, ) (Entered: 12/15/2014)
2014-12-23	39	NOTICE OF SUBSTITUTION OF COUNSEL by Eric Joseph Young on behalf of UNITED STATES DEPARTMENT OF JUSTICE Substituting for attorney Kimberly J. Duplechain (Young, Eric) (Entered: 12/23/2014)
2015-01-14		MINUTE ORDER re 38 USCA Order: The mandate from the Court of Appeals having issued, remanding the above-captioned matter for further proceedings "in light of appellant's assertion that appellee has now located records responsive to his Freedom of Information Act request, as evidenced by appellees letter to appellants former counsel Scott Hodes dated July 1, 2014," it is hereby ORDERED that counsel shall confer and file by no later than January 28, 2015, a joint status report advising the Court of the present status of this matter and, if appropriate, proposing a schedule for further proceedings. Signed by Judge Ellen S. Huvelle on January 14, 2015. (AG) (Entered: 01/14/2015)
2015-01-15		Set/Reset Deadlines: Joint Status Report due by 1/28/2015. (zmm, ) (Entered: 01/15/2015)
2015-01-28	40	STATUS REPORT Joint Status Report by UNITED STATES DEPARTMENT OF JUSTICE. (Young, Eric) (Entered: 01/28/2015)
2015-01-28		MINUTE ORDER re 40 Joint Status Report: Upon consideration of the parties' Joint Status Report, it is hereby ORDERED that defendant shall have an additional 21 days to complete its determination as to the disclosure of the responsive records; and it is further ORDERED that the parties shall file by February 18, 2015, another Joint Status Report or a schedule for further proceedings. Signed by Judge Ellen S. Huvelle on January 28, 2015. (AG) (Entered: 01/28/2015)
2015-01-29		Set/Reset Deadlines: Joint Status Report or schedule for further proceedings due by 2/18/2015. (zmm, ) (Entered: 01/29/2015)
2015-02-18	41	STATUS REPORT Joint Status Report by UNITED STATES DEPARTMENT OF JUSTICE. (Young, Eric) (Entered: 02/18/2015)
2015-02-20	42	ORDER that defendant shall produce to the Court for in camera inspection by March 2, 2015, an unredacted copy of the 35-page letter indicated in 41 the Second Joint Status Report. Signed by Judge Ellen S. Huvelle on February 20, 2015. (lcesh1) (Entered: 02/20/2015)
2015-02-23		Set/Reset Deadlines: In-Camera Submission due by 3/2/2015. (zmm, ) (Entered: 02/23/2015)
2015-02-23	43	NOTICE OF COMPLIANCE WITH ORDER by UNITED STATES DEPARTMENT OF JUSTICE re 42 Order (Young, Eric) (Entered: 02/23/2015)
2015-02-24		MINUTE ORDER. Status Conference set for March 4, 2015, at 11:00 am in Courtroom 23A before Judge Ellen S. Huvelle. Signed by Judge Ellen S. Huvelle on February 24, 2015. (lcesh1) (Entered: 02/24/2015)
2015-02-25		Set/Reset Hearings: Status Conference set for 3/4/2015 11:00 AM in Courtroom 23A before Judge Ellen S. Huvelle. (zmm, ) (Entered: 02/25/2015)
2015-02-25		MINUTE ORDER. The Status Conference presently set for March 4, 2015, at 11:00 am is CONTINUED until 2:00 pm on that same date. Signed by Judge Ellen S. Huvelle on February 25, 2015. (lcesh1) (Entered: 02/25/2015)
2015-02-25		Set/Reset Hearings: Status Conference set for 3/4/2015 02:00 PM in Courtroom 23A before Judge Ellen S. Huvelle. (zmm, ) (Entered: 02/25/2015)
2015-03-04	44	NOTICE of Appearance by Robin Michelle Meriweather on behalf of All Defendants (Meriweather, Robin) (Entered: 03/04/2015)
2015-03-04		Minute Entry for proceedings held before Judge Ellen S. Huvelle: Status Conference held on 3/4/2015. (Court Reporter Chantal Geneus) (zmm, ) (Entered: 03/04/2015)
2015-03-10		MINUTE ORDER. For the reasons stated in open court on March 4, 2015, it is hereby ORDERED that defendant submit for in camera review by March 16, 2015, the following exhibits to the letter previously submitted to the Court for in camera review: 63, 64, 70 (listed as specification 7 on page 30), and 79 (listed as specification 16 on page 30); it is further ORDERED that defendant submit a Vaughn index by that same date; it is further ORDERED that plaintiff's motion shall be due on April 6, 2015; defendant will file its opposition by April 27, 2015; and plaintiff will file its reply by May 7, 2015. SO ORDERED. Signed by Judge Ellen S. Huvelle on March 10, 2015. (lcesh1) Modified on 3/10/2015 to correct opposition due date(jf, ). (Entered: 03/10/2015)
2015-03-10		Set/Reset Deadlines: In-Camera Submission and Vaughn Index due by 3/16/2015. Plaintiff's motion due by 4/6/2015. Defendant's response due by 4/27/2015. Reply due by 5/7/2015. (zmm, ) (Entered: 03/10/2015)
2015-03-16	45	TRANSCRIPT OF STATUS CONFERENCE before Judge Ellen S. Huvelle held on March 4, 2015; Page Numbers: 1-48. Date of Issuance: March 16, 2015. Court Reporter: Chantal M. Geneus, Telephone number (202) 354-3244, Court Reporter Email Address: chantal_geneus@dcd.uscourts.gov. For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 4/6/2015. Redacted Transcript Deadline set for 4/16/2015. Release of Transcript Restriction set for 6/14/2015.(Geneus, Chantal) (Entered: 03/16/2015)
2015-03-16	46	NOTICE of Compliance with Minute Order by UNITED STATES DEPARTMENT OF JUSTICE re Set/Reset Deadlines, Order,, (Attachments: # 1 Declaration Exhibit 1, EOUSA Declaration, # 2 Exhibit Exhibit 2, Vaughn Index)(Young, Eric) (Entered: 03/16/2015)
2015-03-25	47	Unopposed MOTION for Extension of Time to File Summary Judgment by HOWARD BLOOMGARDEN (Attachments: # 1 Text of Proposed Order)(Hodes, Scott) (Entered: 03/25/2015)
2015-03-26		MINUTE ORDER granting 47 Consent Motion for Extension of Time: Upon consideration of plaintiff's Unopposed Motion to Set/Modify Case Schedule, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that in Civil Action No. 1:12-cv-00843-ESH and in Civil Action No. 1:15-cv-00298-ESH, the parties shall prepare and file consolidated briefs by the following deadlines: (a) Plaintiff shall file a consolidated dispositive motion in both cases within twenty-one days of service of Defendant's answer in 1:15-cv-00298; (b) Defendant shall file a consolidated response brief within 14 days of service of Plaintiff's motion; and (c) Plaintiff shall file a consolidated reply brief within seven days after service of the Defendant's response brief. Signed by Judge Ellen S. Huvelle on March 26, 2015. (AG) (Entered: 03/26/2015)
2015-04-24	48	Unopposed MOTION for Extension of Time to File Consolidated Motion for Summary Judgment by HOWARD BLOOMGARDEN (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Hodes, Scott) (Entered: 04/24/2015)
2015-04-24		MINUTE ORDER granting 48 Unopposed Motion for Extension of Time: Upon consideration of plaintiff's Unopposed Motion to Modify Case Schedule, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that in Civil Action No. 1:12-cv-00843-ESH and in Civil Action No. 1:15-cv-00298-ESH, the parties shall prepare and file consolidated briefs by the following deadlines: (a) Plaintiff to file a consolidated dispositive motion in both cases on or before May 26, 2015; (b) Defendant to file a consolidated response brief within 14 days of service of the Plaintiff's dispositive motion; and (c) Plaintiff to file a consolidated reply brief within seven days after service of the Defendant's response brief. Signed by Judge Ellen S. Huvelle on April 24, 2015. (AG) (Entered: 04/24/2015)
2015-04-27		Set/Reset Deadlines: Plaintiff to file Consolidated Dispositive Motion due by 5/26/2015. (zmm, ) (Entered: 04/27/2015)
2015-05-26	49	MOTION for Summary Judgment by HOWARD BLOOMGARDEN (Attachments: # 1 Text of Proposed Order Proposed Order)(Hodes, Scott) (Entered: 05/26/2015)
2015-05-26	50	SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by HOWARD BLOOMGARDEN (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Statement of Facts Statement of Facts, # 3 Memorandum in Support Memo in Support)(Hodes, Scott) (Entered: 05/26/2015)
2015-05-26	51	SEALED DOCUMENT filed by HOWARD BLOOMGARDEN re 50 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by HOWARD BLOOMGARDEN (This document is SEALED and only available to authorized persons.) (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit Exhibits A-L)(Hodes, Scott) (Entered: 05/26/2015)
2015-05-26	52	SEALED DOCUMENT filed by HOWARD BLOOMGARDEN re 50 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by HOWARD BLOOMGARDEN (This document is SEALED and only available to authorized persons.) (This document is SEALED and only available to authorized persons.)(Hodes, Scott) (Entered: 05/26/2015)
2015-05-26	53	SEALED DOCUMENT filed by HOWARD BLOOMGARDEN re 50 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by HOWARD BLOOMGARDEN (This document is SEALED and only available to authorized persons.) (This document is SEALED and only available to authorized persons.)(Hodes, Scott) (Entered: 05/26/2015)
2015-05-26	54	SEALED DOCUMENT filed by HOWARD BLOOMGARDEN re 50 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by HOWARD BLOOMGARDEN (This document is SEALED and only available to authorized persons.) (This document is SEALED and only available to authorized persons.)(Hodes, Scott) (Entered: 05/26/2015)
2015-05-26	55	SEALED DOCUMENT filed by HOWARD BLOOMGARDEN re 50 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by HOWARD BLOOMGARDEN (This document is SEALED and only available to authorized persons.) (This document is SEALED and only available to authorized persons.)(Hodes, Scott) (Entered: 05/26/2015)
2015-05-26	56	SEALED DOCUMENT filed by HOWARD BLOOMGARDEN re 50 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by HOWARD BLOOMGARDEN (This document is SEALED and only available to authorized persons.) (This document is SEALED and only available to authorized persons.)(Hodes, Scott) (Entered: 05/26/2015)
2015-05-26		MINUTE ORDER granting 50 Sealed Motion for Leave to File Document Under Seal: Upon consideration of plaintiff's Unopposed Motion to Seal, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that the Court shall accept the SEALED filings made by plaintiff; and it is further ORDERED that plaintiff shall file within seven (7) days from this Order redacted copies of: (1) Plaintiff's Statement of Undisputed Material Facts in Support of his Motion for Summary Judgment; (2) Plaintiff's Memorandum of Points and Authorities in Support of His Motion for Summary Judgment; and (3) Plaintiff's Exhibits in Support of His Memorandum of Points and Authorities in Support of His Motion for Summary Judgment. SO ORDERED. Signed by Judge Ellen S. Huvelle on May 26, 2015. (AG) (Entered: 05/26/2015)
2015-05-26	57	SEALED DOCUMENT (Memorandum in Support) filed by HOWARD BLOOMGARDEN. re 49 MOTION for Summary Judgment filed by HOWARD BLOOMGARDEN. (See Docket Entries 51 , 52 , 53 , 54 , 55 , and 56 to view Exhibits). (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Statement of Facts)(znmw) (Entered: 05/27/2015)
2015-05-29	58	SUPPLEMENTAL MEMORANDUM to re 49 MOTION for Summary Judgment REDACTED filed by HOWARD BLOOMGARDEN. (Attachments: # 1 Memorandum in Support Memorandum in Support, # 2 Exhibit Table of Exhibits in Support of Memorandum)(Hodes, Scott) (Entered: 05/29/2015)
2015-05-29	59	LARGE ADDITIONAL ATTACHMENT(S) REDACTED EXHIBITS A-L by HOWARD BLOOMGARDEN 58 Supplemental Memorandum, filed by HOWARD BLOOMGARDEN. (Hodes, Scott) (Entered: 05/29/2015)
2015-05-29	60	LARGE ADDITIONAL ATTACHMENT(S) REDACTED EXHIBITS M-Z by HOWARD BLOOMGARDEN 58 Supplemental Memorandum, filed by HOWARD BLOOMGARDEN. (Hodes, Scott) (Entered: 05/29/2015)
2015-05-29	61	LARGE ADDITIONAL ATTACHMENT(S) REDACTED EXHIBITS AA-JJ by HOWARD BLOOMGARDEN 58 Supplemental Memorandum, filed by HOWARD BLOOMGARDEN. (Hodes, Scott) (Entered: 05/29/2015)
2015-05-29	62	LARGE ADDITIONAL ATTACHMENT(S) REDACTED EXHIBITS KK-PP by HOWARD BLOOMGARDEN 58 Supplemental Memorandum, filed by HOWARD BLOOMGARDEN. (Hodes, Scott) (Entered: 05/29/2015)
2015-05-29	63	LARGE ADDITIONAL ATTACHMENT(S) REDACTED EXHIBITS QQ-UU by HOWARD BLOOMGARDEN 58 Supplemental Memorandum, filed by HOWARD BLOOMGARDEN. (Hodes, Scott) (Entered: 05/29/2015)
2015-05-29	64	LARGE ADDITIONAL ATTACHMENT(S) REDACTED EXHIBITS VV-ZZ by HOWARD BLOOMGARDEN 58 Supplemental Memorandum, filed by HOWARD BLOOMGARDEN. (Hodes, Scott) (Entered: 05/29/2015)
2015-06-12	65	ENTERED IN ERROR. . . . .Joint MOTION for Extension of Time to File Response/Reply as to 49 MOTION for Summary Judgment Joint Motion to modify the briefing schedule for all parties. by UNITED STATES DEPARTMENT OF JUSTICE (Young, Eric) Modified on 6/12/2015 (td). (Entered: 06/12/2015)
2015-06-12		NOTICE OF CORRECTED DOCKET ENTRY: re 65 Joint MOTION for Extension of Time to File Response/Reply as to 49 MOTION for Summary Judgment Joint Motion to modify the briefing schedule for all parties. was entered in error per counsel. (td) (Entered: 06/12/2015)
2015-06-12	66	Joint MOTION for Extension of Time to File Response/Reply as to 49 MOTION for Summary Judgment Motion to Modify the Briefing Schedule by UNITED STATES DEPARTMENT OF JUSTICE (Young, Eric) (Entered: 06/12/2015)
2015-06-15		MINUTE ORDER granting 66 Consent Motion for Extension of Time to File Response/Reply: Upon consideration of the consent motion for extension of time, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that defendant shall file its Opposition to Plaintiff's Motion for Summary Judgment on or before July 15, 2015; and it is further ORDERED that plaintiff shall file its reply on or before August 4, 2015. Signed by Judge Ellen S. Huvelle on June 15, 2015. (AG) (Entered: 06/15/2015)
2015-06-15		Set/Reset Deadlines/Hearings: Defendant's response to Motion for Summary Judgment due by 7/15/2015. Plaintiff's reply to Motion for Summary Judgment due by 8/4/2015. (cdw) (Entered: 06/15/2015)
2015-06-30		Set/Reset Deadlines as to 49 MOTION for Summary Judgment . Responses due by 7/15/2015 Replies due by 8/4/2015. (AG) (Entered: 06/30/2015)
2015-07-15	67	MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support (Redacted), # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Statement of Facts, # 6 Declaration of Jay Macklin, # 7 Declaration of David Luczynski with Exhibits, # 8 Text of Proposed Order, # 9 Statement of Facts (Response to Plaintiff's Statement of Facts-Redacted))(Young, Eric) (Entered: 07/15/2015)
2015-07-15	68	Memorandum in opposition to re 49 MOTION for Summary Judgment , 50 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by HOWARD BLOOMGARDEN (This document is SEALED and only available to authorized persons.) filed by UNITED STATES DEPARTMENT OF JUSTICE. (Young, Eric) (Entered: 07/15/2015)
2015-07-15	69	SEALED DOCUMENT filed by UNITED STATES DEPARTMENT OF JUSTICE re 67 MOTION for Summary Judgment , 68 Memorandum in Opposition, (This document is SEALED and only available to authorized persons.), SEALED OPPOSITION filed by UNITED STATES DEPARTMENT OF JUSTICE. re 49 MOTION for Summary Judgment , 50 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by HOWARD BLOOMGARDEN (This document is SEALED and only available to authorized persons.), 67 MOTION for Summary Judgment (Attachments: # 1 Memorandum in Support (unredacted), # 2 Statement of Facts (Response to Plaintiff's Statement of Facts-unredacted))(Young, Eric) (Entered: 07/15/2015)
2015-08-04	70	Response to Government 67 Statement of Facts in Support of Government Motion for Summary Judgment by HOWARD BLOOMGARDEN (Hodes, Scott) Modified on 8/4/2015 (jf). (Entered: 08/04/2015)
2015-08-04	71	SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by HOWARD BLOOMGARDEN (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Text of Proposed Order, # 2 Memorandum in Support, # 3 Exhibit)(Hodes, Scott) (Entered: 08/04/2015)
2015-08-04		MINUTE ORDER granting 71 plaintiff's Sealed Motion for Leave to File Document Under Seal: Upon consideration of plaintiff's Unopposed Motion to File his Reply Memorandum of Points and Authorities in Support of His Motion for Summary Judgment and in Opposition to Defendant U.S. Department of Justice's Cross Motion for Summary Judgment, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that plaintiff shall file within seven (7) days from this Order a redacted copy of his Reply Memorandum of Points and Authorities in Support of His Motion for Summary Judgment and in Opposition to Defendant U.S. Department of Justices Cross Motion for Summary Judgment. Signed by Judge Ellen S. Huvelle on August 4, 2015. (AG) (Entered: 08/04/2015)
2015-08-04	73	SEALED DOCUMENT (Memorandum in Opposition and in Reply) filed by HOWARD BLOOMGARDEN. re 49 MOTION for Summary Judgment filed by HOWARD BLOOMGARDEN, 67 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit A)(znmw) (Entered: 08/05/2015)
2015-08-05	72	REPLY to opposition to motion re 67 MOTION for Summary Judgment Reply Memorandum in Support of Motion for Summary Judgment filed by HOWARD BLOOMGARDEN. (Attachments: # 1 Exhibit)(Hodes, Scott) (Entered: 08/05/2015)
2015-10-07		MINUTE ORDER: In order to address outstanding issues raised by the parties' cross-motions for summary judgment, it is hereby ORDERED that a motions hearing is scheduled for October 20, 2015 at 2:30 PM in Courtroom 23A. Signed by Judge Ellen S. Huvelle on 10/7/15. (lcesh1) (Entered: 10/07/2015)
2015-10-08		Set/Reset Hearings: Motion Hearing set for 10/20/2015 at 02:30 PM in Courtroom 23A before Judge Ellen S. Huvelle. (zmm) (Entered: 10/08/2015)
2015-10-09	74	NOTICE OF SUBSTITUTION OF COUNSEL by Caitlin O'Leary Trujillo on behalf of All Defendants Substituting for attorney Eric J. Young (Trujillo, Caitlin) (Entered: 10/09/2015)
2015-10-13	75	NOTICE of Compliance with Order by UNITED STATES DEPARTMENT OF JUSTICE (Trujillo, Caitlin) (Entered: 10/13/2015)
2015-10-13	76	Joint MOTION to Continue Motions Hearing by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Trujillo, Caitlin) (Entered: 10/13/2015)
2015-10-14		MINUTE ORDER granting 76 Joint MOTION to Continue Motions Hearing: Upon consideration of the parties' Joint Motion to Continue, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the motions hearing presently set for October 20th, 2015 will now take place on November 4th, 2015, at 3:00 PM. Signed by Judge Ellen S. Huvelle on October 14, 2015. (lcesh1) (Entered: 10/14/2015)
2015-10-15		Set/Reset Hearings: Motion Hearing set for 11/4/2015 at 03:00 PM in Courtroom 23A before Judge Ellen S. Huvelle. (zmm) (Entered: 10/15/2015)
2015-11-04		MINUTE ORDER: Based on the hearing held on November 4, 2015, it is hereby ORDERED that, on or before November 18, 2015, defendant Department of Justice shall disclose to plaintiff Howard Bloomgarden any public documents contained in the exhibits to the disciplinary file, with the exception of any Speedy Trial Act waivers contained in Volume 6. It is further ORDERED that defendant shall file with the Court a Notice of Compliance when disclosure has been completed. It is further ORDERED that, if plaintiff has any objections to defendant's disclosures, they shall be filed with the Court on or before November 30, 2015. Signed by Judge Ellen S. Huvelle on November 4, 2015. (lcesh1) (Entered: 11/04/2015)
2015-11-04		Minute Entry for proceedings held before Judge Ellen S. Huvelle: Motion Hearing held to address outstanding issues raised by the parties' cross motions for summary judgment. Order to enter. (Court Reporter Lisa Griffith) (zmm) (Entered: 11/05/2015)
2015-11-05		Set/Reset Deadlines: Objections to defendant's disclosures due by 11/30/2015. (zmm) (Entered: 11/05/2015)
2015-11-05	77	ORDER that defendant shall produce certain documents to the Court for transfer under seal to Los Angeles Superior Court Judge Curtis Rappe. See Order for details. Signed by Judge Ellen S. Huvelle on November 5, 2015. (lcesh1) (Entered: 11/05/2015)
2015-11-05		Set/Reset Deadlines: U. S. Department of Justice to produce to Court documents listed in 77 Order by 11/5/2015. (zmm) (Entered: 11/05/2015)
2015-11-05	78	NOTICE of Compliance with Court Order by UNITED STATES DEPARTMENT OF JUSTICE (Trujillo, Caitlin) (Entered: 11/05/2015)
2015-11-09	79	SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by HOWARD BLOOMGARDEN (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Text of Proposed Order)(Hodes, Scott) (Entered: 11/09/2015)
2015-11-09	80	ORDER granting 79 Sealed Motion for Leave to File Document Under Seal. Signed by Judge Ellen S. Huvelle on November 9, 2015. (lcesh1) (Entered: 11/09/2015)
2015-11-16	81	REDACTED DOCUMENT- Redacted Transcript by HOWARD BLOOMGARDEN. (Hodes, Scott) (Entered: 11/16/2015)
2015-11-16		MINUTE ORDER: In light of defendant's representation to the Court that it intends to withhold all court documents that were originally filed under seal, it is hereby ORDERED that, on or before December 1, 2015, defendant shall file an index of all withheld documents and support for withholding each, consistent with its burden under Morgan v. U.S. Dep't of Justice, 923 F.2d 195, 198 (D.C. Cir. 1991). It is further ORDERED that, on or before November 18, 2015, defendant shall inform the Court of (1) the number of sealed documents that it is withholding, and (2) the number of documents that it will be producing to plaintiff. Signed by Judge Ellen S. Huvelle on November 16, 2015. (lcesh1) (Entered: 11/16/2015)
2015-11-17		Set/Reset Deadlines: Defendant to file index of all withheld documents and support for withholding each by 12/1/2015. (zmm) (Entered: 11/17/2015)
2015-11-17	82	Consent MOTION to Continue fee application deadline by HOWARD BLOOMGARDEN (Attachments: # 1 Text of Proposed Order)(Hodes, Scott) (Entered: 11/17/2015)
2015-11-17		MINUTE ORDER granting 82 Motion to Continue Fee Application Deadline. Having considered plaintiff's unopposed motion to continue the fee application deadline, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the fee application deadline will be thirty days after a final judgment (or stipulated dismissal) is entered in this matter. Signed by Judge Ellen S. Huvelle on November 17, 2015. (lcesh1) (Entered: 11/17/2015)
2015-11-30	83	Consent MOTION for Scheduling Order by HOWARD BLOOMGARDEN (Attachments: # 1 Text of Proposed Order)(Hodes, Scott) (Entered: 11/30/2015)
2015-11-30	84	MOTION to Clarify Court's November 4, 2015 Order and November 5, 2015 Letter by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Exhibit Letter to Judge Rappe, # 2 Text of Proposed Order)(Trujillo, Caitlin) (Entered: 11/30/2015)
2015-12-01		MINUTE ORDER granting 83 Motion for Scheduling Order: Having considered plaintiff's consent motion for a scheduling order, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that (1) plaintiff shall file any objections to defendant's production of public documents (including its Morgan index) on or before December 14, 2015; (2) defendant shall file any opposition to those objections on or before January 4, 2016; and (3) plaintiff shall file any reply on or before January 11, 2016. Signed by Judge Ellen S. Huvelle on December 1, 2015. (lcesh1) (Entered: 12/01/2015)
2015-12-01		Set/Reset Deadlines: Plaintiff's objections to defendant's production of public documents due by 12/14/2015. Response due by 1/4/2016. Reply due by 1/11/2016. (zmm) (Entered: 12/01/2015)
2015-12-01	85	NOTICE of Compliance with Court's November 16, 2015 Order by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Index of Sealed Documents, # 2 Declaration of David Luczynski)(Trujillo, Caitlin) (Entered: 12/01/2015)
2015-12-03	86	NOTICE OF WITHDRAWAL OF APPEARANCE as to UNITED STATES DEPARTMENT OF JUSTICE. Attorney Robin Michelle Meriweather terminated. (Meriweather, Robin) (Entered: 12/03/2015)
2015-12-08	87	RESPONSE re 84 MOTION to Clarify Court's November 4, 2015 Order and November 5, 2015 Letter Opposition to Motion to Clarify filed by HOWARD BLOOMGARDEN. (Attachments: # 1 Text of Proposed Order)(Hodes, Scott) (Entered: 12/08/2015)
2015-12-14	88	SEALED OPPOSITION filed by HOWARD BLOOMGARDEN. re 83 Consent MOTION for Scheduling Order (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Objection to Defendant's Production and Morgan Index, # 3 Exhibit Exhibit A to Objection, # 4 Exhibit Exhibit B to Objection, # 5 Exhibit Exhibit C to Objection, # 6 Exhibit Exhibit D to Objection, # 7 Affidavit)(Hodes, Scott) (Entered: 12/14/2015)
2015-12-14	89	NOTICE of Proposed Order re 88 , Objections by HOWARD BLOOMGARDEN (Hodes, Scott) Modified on 12/15/2015 (jf). (Entered: 12/14/2015)
2015-12-15		MINUTE ORDER re 88 Sealed Opposition: Having considered plaintiff's unopposed motion to file his objections to defendant's production under seal, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that plaintiff shall publicly file a redacted version of the sealed document within 7 days. Signed by Judge Ellen S. Huvelle on December 15, 2015. (lcesh1) (Entered: 12/15/2015)
2015-12-15	90	RESPONSE re Order on Motion for Scheduling Order,, Redacted Objections filed by HOWARD BLOOMGARDEN. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Affidavit)(Hodes, Scott) (Entered: 12/15/2015)
2015-12-16	91	MOTION for Leave to File Exhibits Under Seal by UNITED STATES DEPARTMENT OF JUSTICE (Trujillo, Caitlin) (Entered: 12/16/2015)
2015-12-17		MINUTE ORDER granting 91 Motion for Leave to File: Having considered defendant's unopposed motion for leave to file exhibits under seal, the motion is hereby GRANTED. Signed by Judge Ellen S. Huvelle on December 17, 2015. (lcesh1) (Entered: 12/17/2015)
2015-12-17	92	NOTICE of Filing Exhibits Under Seal by UNITED STATES DEPARTMENT OF JUSTICE re Order on Motion for Leave to File (Trujillo, Caitlin) (Entered: 12/17/2015)
2015-12-17	93	MOTION for Protective Order by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration of David Luczynski)(Trujillo, Caitlin) (Entered: 12/17/2015)
2015-12-17	94	SEALED DOCUMENT filed by UNITED STATES DEPARTMENT OF JUSTICE re 91 MOTION for Leave to File Exhibits Under Seal , 92 Notice (Other), Order on Motion for Leave to File, 93 MOTION for Protective Order (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit Letter to Judge Trager, # 2 Exhibit Duplicate of Letter to Judge Trager)(Trujillo, Caitlin) (Entered: 12/17/2015)
2015-12-18	95	Unopposed MOTION for Extension of Time to File Response/Reply Plaintiff's Opposition to Defendant's Motion for Clarification by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Trujillo, Caitlin) (Entered: 12/18/2015)
2015-12-18		MINUTE ORDER granting 95 Motion for Extension of Time to File Response/Reply: Having considered defendant's unopposed Motion for an Extension of Time to File a Reply to plaintiff's Opposition to defendant's Motion for Clarification, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that defendant shall file its Reply on or before December 28, 2015. Signed by Judge Ellen S. Huvelle on December 18, 2015. (lcesh1) (Entered: 12/18/2015)
2015-12-18		Set/Reset Deadlines as to 84 MOTION to Clarify Court's November 4, 2015 Order and November 5, 2015 Letter . Reply due by 12/28/2015. (zmm) (Entered: 12/18/2015)
2015-12-18		MINUTE ORDER. In order to address all of the parties' outstanding motions, it is hereby ORDERED that a hearing will be held at 2:00 PM on January 5, 2016 in Courtroom 23A. Signed by Judge Ellen S. Huvelle on December 18, 2015. (lcesh1) (Entered: 12/18/2015)
2015-12-21		Set/Reset Hearings: Motion Hearing set for 1/5/2016 at 02:00 PM in Courtroom 23A before Judge Ellen S. Huvelle. (zmm) (Entered: 12/21/2015)
2015-12-28	96	REPLY to opposition to motion re 84 MOTION to Clarify Court's November 4, 2015 Order and November 5, 2015 Letter filed by UNITED STATES DEPARTMENT OF JUSTICE. (Trujillo, Caitlin) (Entered: 12/28/2015)
2015-12-30	97	RESPONSE re 93 MOTION for Protective Order filed by HOWARD BLOOMGARDEN. (Attachments: # 1 Text of Proposed Order)(Hodes, Scott) (Entered: 12/30/2015)
2016-01-04	98	MOTION for Extension of Time to File Response/Reply to Defendants Objections & Motion for Vaughn Index (Docket No. 88) by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Trujillo, Caitlin) (Entered: 01/04/2016)
2016-01-04		MINUTE ORDER denying 98 Motion for Extension of Time to File Response/Reply. Defendant has filed a motion ostensibly seeking an extension of time to file its response to plaintiff's objections, but the documents it has filed relate to a previous motion for an unrelated extension of time that expired last month. Even if that were not the case, defendant's response to plaintiff's objections is due today, and no extensions will be granted. The issues raised by plaintiff's objections are set to be addressed at the motions hearing tomorrow, January 5, 2016, at 2:00 PM. As such, it is hereby ORDERED that defendant's motion is DENIED. Signed by Judge Ellen S. Huvelle on January 4, 2016. (lcesh1) (Entered: 01/04/2016)
2016-01-04	99	Memorandum in opposition to re 89 Proposed MOTION for Order Proposed Order for Dkt 88, Objections Plaintiff's Objections & Motion for Vaughn Index (ECF 88 and 89) filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Trujillo, Caitlin) (Entered: 01/04/2016)
2016-01-05		NOTICE OF ERROR re 99 Memorandum in Opposition; emailed to ctrujillo@usa.doj.gov, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. Please refile document, 3. Same Document using the Motion categor (jf, ) (Entered: 01/05/2016)
2016-01-05		Minute Entry for proceedings held before Judge Ellen S. Huvelle: Motion Hearing held on 1/5/2016 re (84 in 1:12-cv-00843-ESH) Motion to Clarify Court's November 4, 2015 Order and November 5, 2015 Letter; and (93 in 1:12-cv-00843-ESH) Motion for Protective Order. Motions heard and denied for the reasons stated on the record. (Court Reporter Lisa Griffith) (zmm) (Entered: 01/05/2016)
2016-01-05	100	ORDER denying 84 Motion to Clarify; denying 93 Motion for Protective Order; and sustaining in part [88-2] Objection to Defendant's Production. See Order for details. Signed by Judge Ellen S. Huvelle on January 5, 2016. (lcesh1) (Entered: 01/05/2016)
2016-01-06		Set/Reset Deadlines: Defendant's affidavit due by 1/11/2016. (zmm) (Entered: 01/06/2016)
2016-01-06	101	Unopposed MOTION to Amend/Correct 100 Order on Motion to Clarify, Order on Motion for Protective Order by HOWARD BLOOMGARDEN (Attachments: # 1 Text of Proposed Order)(Hodes, Scott) (Entered: 01/06/2016)
2016-01-07		MINUTE ORDER granting 101 Motion to Amend/Correct. Having considered plaintiff's unopposed motion to amend, it is hereby ORDERED that the motion is GRANTED. In its affidavit, defendant shall certify that it has produced--either to the Court or to plaintiff--any documents in the disciplinary file pertaining to Bruce Wolosky and Charles Sanchez. Signed by Judge Ellen S. Huvelle on January 7, 2016. (lcesh1) (Entered: 01/07/2016)
2016-01-11	102	NOTICE of Compliance with January 5 and January 6 Court Orders by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Affidavit of David Luczynski and Susan Gerson)(Trujillo, Caitlin) (Entered: 01/11/2016)
2016-01-12	103	SEALED MOTION filed by HOWARD BLOOMGARDEN (Attachments: # 1 Text of Proposed Order, # 2 Redacted Document for Public Docket)(Hodes, Scott) (Entered: 01/12/2016)
2016-01-13		MINUTE ORDER granting 103 Sealed Motion. Having considered plaintiff's unopposed motion to redact defendant's opposition, it is hereby ORDERED that the motion is GRANTED. The clerk shall seal the unredacted opposition [ECF No. 99] and file the redacted version [ECF No. 103-2], which is currently sealed, on the public docket. Signed by Judge Ellen S. Huvelle on January 13, 2016. (lcesh1) (Entered: 01/13/2016)
2016-01-13	104	NOTICE OF FILING REDACTED DOCUMENT to 99 Memorandum in Opposition, by HOWARD BLOOMGARDEN (The original PDF Document contained privacy information and was restricted pursuant to the E-Government Act.) (jf) (Entered: 01/14/2016)
2016-01-25	105	MOTION Order Requiring Vaughn Index & Segregability Review by HOWARD BLOOMGARDEN (Attachments: # 1 Text of Proposed Order, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Hodes, Scott) (Entered: 01/25/2016)
2016-02-05	106	MEMORANDUM OPINION re: parties' cross-motions for summary judgment. Signed by Judge Ellen S. Huvelle on February 5, 2016. (lcesh1) (Entered: 02/05/2016)
2016-02-05	107	ORDER denying in part 49 plaintiff's Motion for Summary Judgment; granting in part 67 defendant's Motion for Summary Judgment. See Order for details. Signed by Judge Ellen S. Huvelle on February 5, 2016. (lcesh1) (Entered: 02/05/2016)
2016-02-11	108	Memorandum in opposition to re 105 MOTION Order Requiring Vaughn Index & Segregability Review filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Trujillo, Caitlin) (Entered: 02/11/2016)
2016-02-16	109	REPLY to opposition to motion re 105 MOTION Order Requiring Vaughn Index & Segregability Review filed by HOWARD BLOOMGARDEN. (Hodes, Scott) (Entered: 02/16/2016)
2016-02-17	110	ORDER granting in part and denying in part 105 Motion for Vaughn Index; denying as moot 49 Motion for Summary Judgment; and denying as moot 67 Cross-Motion for Summary Judgment. See Order for details. Signed by Judge Ellen S. Huvelle on February 17, 2016. (lcesh1) (Entered: 02/17/2016)
2016-02-18	111	SEALED MOTION filed by HOWARD BLOOMGARDEN (Attachments: # 1 Text of Proposed Order, # 2 Exhibit)(Hodes, Scott) (Entered: 02/18/2016)
2016-02-18		MINUTE ORDER granting 111 Sealed Motion. Having considered plaintiff's sealed, unopposed motion for redaction, it is hereby ORDERED that the motion is GRANTED. The Clerk will place the Court's Memorandum Opinion 106 under seal, and file publicly the redacted version submitted by plaintiff [111-2]. Signed by Judge Ellen S. Huvelle on February 18, 2016. (lcesh1) (Entered: 02/18/2016)
2016-02-19	112	REDACTED MEMORANDUM AND OPINION. Signed by Judge Ellen S. Huvelle on February 05, 2016. (jf) (Entered: 02/19/2016)
2016-03-16	113	MOTION to Alter Judgment as to 110 Order on Motion for Miscellaneous Relief, Set/Reset Deadlines,, by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration of David Luczynski, # 2 Text of Proposed Order)(Trujillo, Caitlin) (Entered: 03/16/2016)
2016-03-28	114	RESPONSE re 113 MOTION to Alter Judgment as to 110 Order on Motion for Miscellaneous Relief, Set/Reset Deadlines,, Response in Opposition to Motion filed by HOWARD BLOOMGARDEN. (Attachments: # 1 Text of Proposed Order)(Hodes, Scott) (Entered: 03/28/2016)
2016-03-29		MINUTE ORDER. In light of defendant's pending motion to amend 113 , it is hereby ORDERED that defendant shall produce to the Court for in camera review any documents for which it now intends to claim FOIA Exemption 7(F), on or before April 5, 2016. Signed by Judge Ellen S. Huvelle on March 29, 2016. (lcesh1) (Entered: 03/29/2016)
2016-03-31	115	Unopposed MOTION for Extension of Time to by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Trujillo, Caitlin) (Entered: 03/31/2016)
2016-03-31		MINUTE ORDER granting 115 Motion for Extension of Time. Having considered defendant's unopposed motion for an extension in which to file its Vaughn Index, it is hereby ORDERED that the motion is GRANTED. Defendant shall file the Vaughn Index no more than one week after the Court rules on its pending Motion to Amend 113 . Signed by Judge Ellen S. Huvelle on March 31, 2016. (lcesh1) (Entered: 03/31/2016)
2016-03-31	116	REPLY to opposition to motion re 113 MOTION to Alter Judgment as to 110 Order on Motion for Miscellaneous Relief, Set/Reset Deadlines,, filed by UNITED STATES DEPARTMENT OF JUSTICE. (Trujillo, Caitlin) (Entered: 03/31/2016)
2016-04-05	117	NOTICE of In Camera Submission by UNITED STATES DEPARTMENT OF JUSTICE re Order, Set Deadlines,, (Trujillo, Caitlin) (Entered: 04/05/2016)
2016-04-13	118	MEMORANDUM OPINION AND ORDER granting 113 Motion to Alter Judgment. See Opinion for details. Signed by Judge Ellen S. Huvelle on April 13, 2016. (lcesh1) (Entered: 04/13/2016)
2016-04-20	119	NOTICE of Compliance with Court's February 17, 2016 & April 13, 2016 Court Orders by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Vaughn Index)(Trujillo, Caitlin) (Entered: 04/20/2016)
2016-04-21		MINUTE ORDER. Given the extension previously granted to defendant in producing a Vaughn Index, it is hereby ORDERED that the following deadlines are extended correspondingly: (1) on or before April 29, 2016, plaintiff shall inform the Court whether he intends to contest any of defendant's remaining withholdings; (2) if so, the parties shall submit a proposed briefing schedule on or before May 13, 2016. Signed by Judge Ellen S. Huvelle on April 21, 2016. (lcesh1) (Entered: 04/21/2016)
2016-04-25	120	ERRATA to Vaughn Index ( 119 -1) by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Modified Vaughn Index)(Trujillo, Caitlin) Modified on 4/25/2016 (zrdj). (Entered: 04/25/2016)
2016-04-27	121	Consent MOTION for Extension of Time to File Notice of Remaining Objections by HOWARD BLOOMGARDEN (Attachments: # 1 Text of Proposed Order)(Hodes, Scott) (Entered: 04/27/2016)
2016-04-27		MINUTE ORDER granting 121 Motion for Extension of Time. Having considered plaintiff's unopposed motion for extension, it is hereby ORDERED that the motion is GRANTED. Plaintiff shall inform the Court on or before May 6, 2016 if he intends to contest any of defendant's remaining withholdings. All other deadlines remain the same. Signed by Judge Ellen S. Huvelle on April 27, 2016. (lcesh1) (Entered: 04/27/2016)
2016-05-06	122	NOTICE of Contested Withholdings by HOWARD BLOOMGARDEN re 119 Notice (Other), Order on Motion for Extension of Time to, Set/Reset Deadlines,, Order, Set Deadlines,, (Hodes, Scott) (Entered: 05/06/2016)
2016-05-09	123	NOTICE OF SUBSTITUTION OF COUNSEL by Michael Benjamin Posner on behalf of UNITED STATES DEPARTMENT OF JUSTICE Substituting for attorney Caitlin O. Trujillo (Posner, Michael) (Entered: 05/09/2016)
2016-05-13	124	PROPOSED BRIEFING SCHEDULE re Order, Set Deadlines,, by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Posner, Michael) (Entered: 05/13/2016)
2016-05-13		MINUTE ORDER. Having considered the parties' joint proposed briefing schedule, it is hereby ORDERED that the proposed schedule is adopted as follows: (1) plaintiff's renewed motion for summary judgment shall be filed on or before June 3, 2016; (2) defendant's cross-motion for summary judgment / opposition shall be filed on or before June 20, 2016; (3) plaintiff's reply / opposition to cross-motion shall be filed on or before June 27, 2016; (4) defendant's reply shall be filed on or before July 5, 2016. Signed by Judge Ellen S. Huvelle on May 13, 2016. (lcesh1) (Entered: 05/13/2016)
2016-05-13		MINUTE ORDER. In order to facilitate the Court's consideration of plaintiff's forthcoming motion for summary judgment, it is hereby ORDERED that defendant shall submit all contested documents ex parte for in camera review, on or before June 20, 2016. Signed by Judge Ellen S. Huvelle on May 13, 2016. (lcesh1) (Entered: 05/13/2016)
2016-06-03	125	SEALED MOTION filed by HOWARD BLOOMGARDEN, SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by HOWARD BLOOMGARDEN (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Text of Proposed Order Draft Order on Motion to Seal, # 2 Memorandum in Support Renewed Motion for Summary Judgment, # 3 Text of Proposed Order Proposed Order on Renewed MSJ, # 4 Exhibit Redacted Documents - Contested)(Hodes, Scott) Modified on 6/13/2016 (zgdf). (Entered: 06/03/2016)
2016-06-07		MINUTE ORDER. In order to facilitate the Court's consideration of plaintiff's Motion to File Under Seal, it is hereby ORDERED that plaintiff shall file a proposed redacted version of his Memorandum of Points and Authorities in Support of His Renewed Motion for Summary Judgment on or before June 10, 2016. Signed by Judge Ellen S. Huvelle on June 7, 2016. (lcesh1) (Entered: 06/07/2016)
2016-06-07	126	Redacted version of Memorandum of Points and Authorities in Support of Renewed Motion for Summary Judgment by HOWARD BLOOMGARDEN (Hodes, Scott) Modified on 6/7/2016 (jf). (Entered: 06/07/2016)
2016-06-08		MINUTE ORDER granting 125 Sealed Motion for Leave to File Document Under Seal. Having considered the factors set forth in United States v. Hubbard , 650 F.2d 293, 317 (D.C. Cir. 1980), the Court finds that the proposed redactions are narrowly tailored to protect plaintiff. It also finds that the public has a negligible interest in that information, and therefore, it is hereby ORDERED that plaintiff's motion to seal is GRANTED. The Clerk shall maintain plaintiff's motion to seal 125 and the unredacted version of his memorandum [125-2] under seal. The remaining documents in that docket entry [125-1, 125-3, 125-4] and the redacted version of his memorandum 126 shall be placed on the public docket. Signed by Judge Ellen S. Huvelle on June 8, 2016. (lcesh1) (Entered: 06/08/2016)
2016-06-08	127	SEALED DOCUMENT (Memorandum in Support of Renewed Motion for Summary Judgment) filed by HOWARD BLOOMGARDEN. (This document is SEALED and only available to authorized persons.)(znmw) (Entered: 06/09/2016)
2016-06-20	128	NOTICE OF COMPLIANCE WITH COURT'S MAY 13, 2016 MINUTE ORDER by UNITED STATES DEPARTMENT OF JUSTICE re Order, (Posner, Michael) (Entered: 06/20/2016)
2016-06-20	129	MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts, # 2 Declaration, # 3 Memorandum in Support, # 4 Exhibit Vaughn index, # 5 Text of Proposed Order)(Posner, Michael) (Entered: 06/20/2016)
2016-06-27	130	REPLY to opposition to motion re 129 MOTION for Summary Judgment , 126 Proposed MOTION for Summary Judgment Redacted , 125 SEALED MOTION filed by HOWARD BLOOMGARDENSEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by HOWARD BLOOMGARDEN (This document is SEALED and only available to authorized persons.) filed by HOWARD BLOOMGARDEN. (Hodes, Scott) (Entered: 06/27/2016)
2016-06-27	131	Memorandum in opposition to re 129 MOTION for Summary Judgment filed by HOWARD BLOOMGARDEN. (See Docket Entry 130 to view document) (jf) (Entered: 06/28/2016)
2016-06-28	132	MOTION for Summary Judgment re 126 Redacted version of Memorandum of Points and Authorities in Support of Renewed Motion for Summary Judgment by HOWARD BLOOMGARDEN (Hodes, Scott) Modified on 6/28/2016 (jf). (Entered: 06/28/2016)
2016-07-05	133	REPLY to opposition to motion re 129 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Posner, Michael) (Entered: 07/05/2016)
2016-07-19	134	MEMORANDUM OPINION (This document is SEALED and only available to authorized persons.)Signed by Judge Ellen S. Huvelle on 7/19/16.(zgdf) (Entered: 07/21/2016)
2016-07-19	135	ORDER granting 129 Motion for Summary Judgment; denying 132 Motion for Summary Judgment. Signed by Judge Ellen S. Huvelle on 7/19/16. (gdf) (Entered: 07/21/2016)
2016-07-19	136	MEMORANDUM OPINION (REDACTED). Signed by Judge Ellen S. Huvelle on 7/19/16. (gdf) (Entered: 07/21/2016)
2016-08-02	137	MOTION to Alter Judgment as to 100 Order on Motion to Clarify, Order on Motion for Protective Order, 110 Order on Motion for Miscellaneous Relief, Set/Reset Deadlines,, 112 Memorandum & Opinion, 136 Memorandum & Opinion, Order,, , MOTION to Amend/Correct 100 Order on Motion to Clarify, Order on Motion for Protective Order, 110 Order on Motion for Miscellaneous Relief, Set/Reset Deadlines,, 112 Memorandum & Opinion, 136 Memorandum & Opinion by HOWARD BLOOMGARDEN (Attachments: # 1 Text of Proposed Order Proposed Order on Motion to Alter or Amend, # 2 Exhibit Proposed Judgment in Civil Case, # 3 Exhibit Exhibit in Support of Proposed Judgment)(Hodes, Scott) (Entered: 08/02/2016)
2016-08-02		MINUTE ORDER. In light of plaintiff's latest motion 137 , it is hereby ORDERED that defendant shall file its response brief on or before August 9, 2016. It is further ORDERED that plaintiff shall file any reply brief on or before August 11, 2016. Signed by Judge Ellen S. Huvelle on August 2, 2016. (lcesh1) (Entered: 08/02/2016)
2016-08-04	138	Consent MOTION for Extension of Time to File Bill of Costs and Fee Petition by HOWARD BLOOMGARDEN (Attachments: # 1 Text of Proposed Order)(Hodes, Scott) (Entered: 08/04/2016)
2016-08-04		MINUTE ORDER granting 138 Motion for Extension of Time. Having considered plaintiff's unopposed motion for an extension of time in which to file his bill of costs and fee petition, it is hereby ORDERED that the motion is GRANTED. Plaintiff shall file his bill of costs and fee petition on or before September 15, 2016. Signed by Judge Ellen S. Huvelle on August 4, 2016. (lcesh1) (Entered: 08/04/2016)
2016-08-07		Set/Reset Deadlines: Bill of cost and fee petition due by 9/15/2016. (gdf) Modified on 8/8/2016 (zgdf). (Entered: 08/07/2016)
2016-08-09	139	Memorandum in opposition to re 137 MOTION to Alter Judgment as to 100 Order on Motion to Clarify, Order on Motion for Protective Order, 110 Order on Motion for Miscellaneous Relief, Set/Reset Deadlines,, 112 Memorandum & Opinion, 136 Memorandum & Opinion, Order,, 100 Order on Motion to Clarify, Order on Motion for Protective Order, 110 Order on Motion for Miscellaneous Relief, Set/Reset Deadlines,, 112 Memorandum & Opinion, 136 Memorandum & Opinion filed by UNITED STATES DEPARTMENT OF JUSTICE. (Posner, Michael) (Entered: 08/09/2016)
2016-08-10	140	REPLY to opposition to motion re 137 MOTION to Alter Judgment as to 100 Order on Motion to Clarify, Order on Motion for Protective Order, 110 Order on Motion for Miscellaneous Relief, Set/Reset Deadlines,, 112 Memorandum & Opinion, 136 Memorandum & Opinion, Order,, 100 Order on Motion to Clarify, Order on Motion for Protective Order, 110 Order on Motion for Miscellaneous Relief, Set/Reset Deadlines,, 112 Memorandum & Opinion, 136 Memorandum & Opinion filed by HOWARD BLOOMGARDEN. (Hodes, Scott) (Entered: 08/10/2016)
2016-08-12	141	ORDER denying 137 Motion to Alter Judgment. See Order for details. Signed by Judge Ellen S. Huvelle on August 12, 2016. (lcesh1) (Entered: 08/12/2016)
2016-09-14	142	Consent MOTION for Extension of Time to File Fee Application and Bill of Cossts by HOWARD BLOOMGARDEN (Attachments: # 1 Text of Proposed Order)(Hodes, Scott) (Entered: 09/14/2016)
2016-09-14	143	NOTICE OF APPEAL TO DC CIRCUIT COURT by HOWARD BLOOMGARDEN. Filing fee $ 505, receipt number 0090-4674435. Fee Status: Fee Paid. Parties have been notified. (Hodes, Scott) (Entered: 09/14/2016)
2016-09-14		MINUTE ORDER granting 142 Consent Motion for Extension of Time: Upon consideration of Plaintiff's Motion to Extend Deadline for Bill of Costs and for Fee Petition, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that the deadline for any fee petition or bill of costs in this action is extended to and including September 29, 2016. Signed by Judge Ellen S. Huvelle on September 14, 2016. (AG) (Entered: 09/14/2016)
2016-09-15		Set/Reset Deadlines: Fee Petition or Bill of Costs due by 9/29/2016. (gdf) (Entered: 09/15/2016)
2016-09-15	144	Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re 143 Notice of Appeal to DC Circuit Court. (znmw) (Entered: 09/15/2016)
2016-09-20		USCA Case Number 16-5263 for 143 Notice of Appeal to DC Circuit Court filed by HOWARD BLOOMGARDEN. (zrdj) (Entered: 09/20/2016)
2016-09-29	145	MOTION for Attorney Fees by HOWARD BLOOMGARDEN (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Hodes, Scott) (Entered: 09/29/2016)
2016-10-06	146	MOTION for Extension of Time to File Response/Reply as to 145 MOTION for Attorney Fees by UNITED STATES DEPARTMENT OF JUSTICE (Posner, Michael) (Entered: 10/06/2016)
2016-10-07		MINUTE ORDER granting 146 Consent Motion for Extension of Time to File Response re 145 MOTION for Attorney Fees. Defendant's response is due by 10/26/2016. Signed by Judge Ellen S. Huvelle on October 7, 2016. (AG) (Entered: 10/07/2016)
2016-10-26	147	Memorandum in opposition to re 145 MOTION for Attorney Fees filed by UNITED STATES DEPARTMENT OF JUSTICE. (Posner, Michael) (Entered: 10/26/2016)
2016-11-03	148	NOTICE OF SUBSTITUTION OF COUNSEL by Christopher Charles Hair on behalf of UNITED STATES DEPARTMENT OF JUSTICE Substituting for attorney Michael B. Posner (Hair, Christopher) (Entered: 11/03/2016)
2016-11-07	149	REPLY to opposition to motion re 145 MOTION for Attorney Fees filed by HOWARD BLOOMGARDEN. (Hodes, Scott) (Entered: 11/07/2016)
2017-05-25	150	ORDER granting in part and denying in part plaintiff's 145 Motion for Attorney Fees. See Order for details. Signed by Judge Ellen S. Huvelle on May 25, 2017. (lcesh1) (Entered: 05/25/2017)
2017-05-25	151	MEMORANDUM OPINION in support of 150 Order granting in part and denying in part plaintiff's 145 Motion for Attorney Fees and Costs. See Opinion for details. Signed by Judge Ellen S. Huvelle on May 25, 2017. (Attachments: # 1 Fees Spreadsheet) (lcesh1) (Entered: 05/25/2017)
2017-12-27	152	MANDATE of USCA as to 143 Notice of Appeal to DC Circuit Court filed by HOWARD BLOOMGARDEN ; USCA Case Number 16-5263. (Attachments: # 1 USCA Judgment)(td) (Entered: 12/29/2017)
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