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Case TitleCOOPER v. DOJ, et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:1999cv02513
Date Filed1999-09-28
Date Closed2012-06-26
JudgeJudge Reggie B. Walton
PlaintiffELWOOD J. COOPER
DefendantU.S. DEPARTMENT OF JUSTICE
DefendantUS MARSHAL SERVICE
DefendantDEPARTMENT OF TREASURY
AppealD.C. Circuit 17-5219
Documents
Docket
Opinion/Order [106]
Opinion/Order [137]
FOIA Project Annotation: Resolving a case that began more than 15 years ago and involved two remands from the D.C. Circuit, Judge Reggie Walton has ruled that the DEA and the Marshals Service properly withheld records from prisoner Elwood Cooper concerning his prosecution and conviction in the Southern District of Florida on drug charges under several subparts of Exemption 7 (law enforcement records). Because of the length of time it took to resolve the case, a primary contention was whether Exemption 7 could be used as a substitute for the now-abandoned risk of circumvention prong previously recognized under Exemption 2 (internal practices and procedures). The ubiquitous use of the risk of circumvention prong previously recognized under Exemption 2 until the Supreme Court rejected its use in Milner v. Dept of Navy, 562 U.S. 562 (2011), is particularly stark in this case because all of the kinds of information the agencies had withheld clearly fell within the parameters of Exemption 7 and looking back there appears to be little reason for the agencies to have claimed Exemption 2 as well. But because they had, they were required to reassess that use, which resulted in them abandoning reliance on Exemption 2 altogether. Walton had no trouble finding that personally-identifying information in these law enforcement records, code numbers, and confidential sources easily qualified for protection under Exemption 7. Finding the personally-identifying information was protected under Exemption 7(C) (invasion of privacy concerning law enforcement records), Walton rejected Cooper's claim that the information pertained to government misconduct. Walton pointed out that "while the plaintiff alleges that he seeks the information to investigate potential prosecutorial impropriety, his bare and undeveloped allegations do not support a reasonable belief that the alleged misconduct might have occurred. Nor has the plaintiff adequately explained how the disclosure of the information would be probative of the prosecutor's alleged misconduct. After all, the plaintiff already knows the names of the government agents whom he accuses of conspiring to entrap him." Walton also approved the DEA's withholdings under Exemption 7(D) (confidential sources). He pointed out that the agency's "representations more than adequately establish that the source of the redacted information is protected by Exemption 7(D), as it is reasonable to infer that the information provided was in connection with the DEA's drug importation and distribution investigation of plaintiff." Walton upheld the agency's segregability claims as well with the exception of a single document which he found the agency had not adequately described.
Issues: Exemption 7(D) - Confidential sources, Exemption 7(C) - Invasion of privacy concerning law enforcement records
Opinion/Order [187]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

1999-09-281COMPLAINT filed by plaintiff ELWOOD J COOPER (rew) (Entered: 09/28/1999)
1999-09-28SUMMONS (6) issued to federal party(s) federal defendant DOJ, federal defendant US MARSHALS SERVICE, federal defendant DEPT OF TREASURY , and non-parties: U.S. Attorney and U.S. Attorney General. (rew) (Entered: 09/28/1999)
1999-11-292ORDER by Judge Richard W. Roberts : extending time to 12/6/99 to respond to complaint (N) (lin) (Entered: 11/29/1999)
1999-11-293MOTION filed by plaintiff ELWOOD J COOPER for summary judgment pursuant to 5 USC 552 (a)(4)(c) under the Freedom of Information Act. ; exhibits (4) (tw) (Entered: 11/30/1999)
1999-12-064ANSWER TO COMPLAINT [1-1] by federal defendant DOJ, federal defendant US MARSHAL SERVICE, federal defendant DEPT OF THE TREASURY. (tth) (Entered: 12/07/1999)
1999-12-085MOTION filed by plaintiff ELWOOD J COOPER to disclose to plaintiff a copy of its November 3, 1999 Motion for Enlargement of Time, pursuant to 5U.S.C. 552 under the Freedom of Information Act (FOIA) and Federal Rules of Civil Procedure (tth) (Entered: 12/10/1999)
1999-12-166CROSS MOTIONS by federal defendant DOJ, federal defendant US MARSHAL SERVICE, federal defendant DEPT OF THE TREASURY for service of plaintiff's motion for summary judgment ; Exhibits (3) (tth) (Entered: 12/17/1999)
1999-12-167RESPONSE by federal defendant DOJ, federal defendant US MARSHAL SERVICE, federal defendant DEPT OF THE TREASURY in opposition to motion to disclose to plaintiff a copy of its November 3, 1999 Motion for Enlargement of Time, pursuant to 5U.S.C. 552 under the Freedom of Information Act (FOIA) and Federal Rules of Civil Procedure [5-1] by ELWOOD J COOPER . (tth) (Entered: 12/17/1999)
2000-01-038RESPONSE (ANSWER) by plaintiff ELWOOD J COOPER to answer [4-1] by DEPT OF THE TREASURY, US MARSHAL SERVICE, DOJ; Exhibits. (tth) (Entered: 01/05/2000)
2000-01-039RESPONSE by plaintiff ELWOOD J COOPER to cross motion for service of plaintiff's motion for summary judgment [6-1] by DEPT OF THE TREASURY, US MARSHAL SERVICE, DOJ (tth) (Entered: 01/05/2000)
2000-03-0910CROSS MOTIONS by federal defendant DOJ, federal defendant US MARSHAL SERVICE, federal defendant DEPT OF THE TREASURY to dismiss complaint [1-1] , or, in the alternative for summary judgment (tth) (Entered: 03/10/2000)
2000-03-0911RESPONSE by federal defendant DOJ, federal defendant US MARSHAL SERVICE, federal defendant DEPT OF THE TREASURY in opposition to motion for summary judgment pursuant to 5 USC 552 (a)(4)(c) under the Freedom of Information Act. [3-1] by ELWOOD J COOPER . (tth) (Entered: 03/10/2000)
2000-03-1012NOTICE OF FILING DECLARATION of Dorothy A. Chambers and Florastine P. Graham by federal defendant DOJ, federal defendant US MARSHAL SERVICE, federal defendant DEPT OF THE TREASURY to Defendants' Motion to Dismiss filed on 3/9/00; Declarations (2). (tth) Modified on 04/05/2000 (Entered: 03/13/2000)
2000-03-1513ORDER by Judge Thomas F. Hogan : directing plaintiff to reply to defendants' motion to dismiss, or in the alternative, for summary judgment by 3/29/00 ; defendants may reply to any opposition as provided by the local civil rules. (N) (gew) (Entered: 03/16/2000)
2000-03-3114RESPONSE by plaintiff ELWOOD J COOPER to notice of filing of Declarations of Dorothy A. Chambers and Florastine P. Graham to Defendants' Motion to Dismiss [12-1] by DEPT OF THE TREASURY, US MARSHAL SERVICE, DOJ; Exhibits. (tth) Modified on 04/05/2000 (Entered: 04/05/2000)
2000-03-3115CROSS MOTIONS by plaintiff ELWOOD J COOPER for service of defendants' Motion for Summary Judgment (tth) (Entered: 04/05/2000)
2000-03-3116MOTION filed by plaintiff ELWOOD J COOPER for reconsideration of Plaintiff's Motion for Summary Judgment [3-1] (tth) (Entered: 04/05/2000)
2000-03-3117MOTION filed by plaintiff ELWOOD J COOPER to amend complaint [1-1] by ELWOOD J COOPER ; EXHIBIT (AMENDED COMPLAINT) (tth) (Entered: 04/05/2000)
2000-03-3118RESPONSE by plaintiff ELWOOD J COOPER in opposition to cross motion for summary judgment [10-2] by DEPT OF THE TREASURY, US MARSHAL SERVICE, DOJ . (tth) (Entered: 04/05/2000)
2000-04-0519REPLY by federal defendant DOJ, federal defendant US MARSHAL SERVICE, federal defendant DEPT OF THE TREASURY to plaintiff's response to federal defendants notice of filing [14-1]; Exhibit (1) (tth) (Entered: 04/07/2000)
2000-04-0520RESPONSE by federal defendant DOJ, federal defendant US MARSHAL SERVICE, federal defendant DEPT OF THE TREASURY to motion to amend complaint [1-1] by ELWOOD J COOPER [17-1] by ELWOOD J COOPER, motion for reconsideration of Plaintiff's Motion for Summary Judgment [3-1] [16-1] by ELWOOD J COOPER, cross motion for service of defendants' Motion for Summary Judgment [15-1] by ELWOOD J COOPER (tth) (Entered: 04/07/2000)
2000-04-0521REPLY by federal defendant DOJ, federal defendant US MARSHAL SERVICE, federal defendant DEPT OF THE TREASURY to response to cross motion for summary judgment [10-2] by DEPT OF THE TREASURY, US MARSHAL SERVICE, DOJ (tth) (Entered: 04/07/2000)
2000-04-2822MOTION filed by plaintiff ELWOOD J COOPER to amend proof of service to response to cross-motion to dismiss ; attachements (2) (jf) (Entered: 05/01/2000)
2000-05-1523MOTION filed by plaintiff ELWOOD J COOPER for leave to file and for subpoena to be served ; exhibit (1); EXHIBIT( subpoena) (bjsp) Modified on 05/18/2000 (Entered: 05/18/2000)
2000-05-25CASE REASSIGNED to Judge Thomas P. Jackson (tth) (Entered: 05/30/2000)
2000-06-0124ORDER by Judge Thomas P. Jackson : denying motion for leave to file and for subpoena to be served [23-1] by ELWOOD J COOPER, denying motion to amend proof of service to response to cross-motion to dismiss [22-1] by ELWOOD J COOPER, denying motion to amend complaint [1-1] by ELWOOD J COOPER [17-1] by ELWOOD J COOPER, denying motion for reconsideration of Plaintiff's Motion for Summary Judgment [3-1] [16-1] by ELWOOD J COOPER, denying cross motion for service of defendants' Motion for Summary Judgment [15-1] by ELWOOD J COOPER, denying cross motion for service of plaintiff's motion for summary judgment [6-1] by DEPT OF THE TREASURY, US MARSHAL SERVICE, DOJ, denying motion to disclose to plaintiff a copy of its November 3, 1999 Motion for Enlargement of Time, pursuant to 5U.S.C. 552 under the Freedom of Information Act (FOIA) and Federal Rules of Civil Procedure [5-1] by ELWOOD J COOPER, denying motion for summary judgment pursuant to 5 USC 552 (a)(4)(c) under the Freedom of Information Act. [3-1] by ELWOOD J COOPER (N) (rew) (Entered: 06/02/2000)
2000-06-1625OBJECTION by plaintiff ELWOOD J COOPER to order [24-1]; Exhibits. (tth) (Entered: 06/19/2000)
2000-06-1626MOTION filed by plaintiff ELWOOD J COOPER for judgment on the pleadings (tth) (Entered: 06/19/2000)
2000-11-0127MOTION filed by plaintiff ELWOOD J COOPER to renew summary judgment , or in the alternative, joinder of the DEA as defendant (tth) Modified on 12/05/2000 (Entered: 11/03/2000)
2000-11-1428RESPONSE by federal defendants DOJ, US MARSHAL SERVICE, and DEPT OF THE TREASURY in opposition to motion to renew summary judgment [27-1] by ELWOOD J COOPER, motion joinder of the DEA as defendant [27-2] by ELWOOD J COOPER . (ag) (Entered: 11/15/2000)
2000-11-2129ORDER by Judge Thomas P. Jackson : denying motion to review summary judgment [27-1] by ELWOOD J COOPER denying motion joinder of the DEA as defendant [27-2] by ELWOOD J COOPER (N) (rew) (Entered: 11/27/2000)
2000-12-0130REPLY by plaintiff ELWOOD J COOPER to motion to renew summary judgment [27-1] by ELWOOD J COOPER, motion joinder of the DEA as defendant [27-2] by ELWOOD J COOPER (tth) (Entered: 12/05/2000)
2001-01-1131MOTION filed by plaintiff ELWOOD J COOPER for relief from all Court orders , and for trial by jury ; Exhibit (1) (jdm) (Entered: 01/12/2001)
2001-05-0332ORDER by Judge Thomas P. Jackson : denying motion for relief from all Court orders [31-1] by ELWOOD J COOPER (N) (rew) (Entered: 05/03/2001)
2001-05-2133MOTION filed by plaintiff ELWOOD J COOPER for more definite statement , and for trial by jury (tb) (Entered: 05/22/2001)
2001-06-0834ORDER by Judge Thomas P. Jackson : denying motion for more definite statement [33-1] by ELWOOD J COOPER, denying motion for trial by jury [33-2] by ELWOOD J COOPER (N) (rew) (Entered: 06/12/2001)
2002-02-01ALL PLEADINGS IN CA01-1074 ARE BEING DOCKETED AND FILED IN CA99-2513 AS OF 2-1-02. (rew) (Entered: 02/01/2002)
2002-02-0535ORDER by Judge Thomas P. Jackson :consolidating CA99-2513 with CA01-1074 for all purposes. (N) (rew) (Entered: 02/07/2002)
2002-02-1136MOTION filed by plaintiff ELWOOD J. COOPER in 1:99-cv-02513 for transcripts of status hearing and refund of filing fee (nmr) (Entered: 02/13/2002)
2002-02-2038MOTION filed by federal defendant DEA in 1:01-cv-01074, federal defendant US CUSTOMS SERVICE in 1:01-cv-01074 to extend time to 3/22/02 to file dispositive motion (nmr) (Entered: 02/25/2002)
2002-02-2137ORDER by Judge Thomas P. Jackson : denying motion for transcripts of status hearing and refund of filing fee in CA 01-1074 [36-1] by ELWOOD J. COOPER (N) (jf) (Entered: 02/22/2002)
2002-02-2639ORDER by Judge Thomas P. Jackson : granting motion to extend time to 3/22/02 to file dispositive motion [23-1] by US CUSTOMS SERVICE, DEA dispositive motions due by 3/22/02 in 1:01-cv-01074, in 1:99-cv-02513 ; in 1:01-cv-01074, 1:99-cv-02513 (N) (rew) (Entered: 02/28/2002)
2002-03-0740RESPONSE by plaintiff ELWOOD J. COOPER in 1:99-cv-02513 in opposition to defendant's third motion to extend time to file their motion for summary judgment; Exhibits (ks) (Entered: 03/13/2002)
2002-03-2241MOTION filed by federal defendant DEA in 1:01-cv-01074 to extend time to 4/5/02 to file a dispositive motion (nmr) (Entered: 03/25/2002)
2002-03-26ORDER by Judge Thomas P. Jackson : granting motion to extend time to 4/5/02 to file a dispositive motion [25-1] by DEA dispositive motions due by 4/5/02 ; (N) (rew) (Entered: 03/28/2002)
2002-04-0542MOTION filed by federal defendants in 1:01-cv-01074 to dismiss complaint [1-1] in 1:01-cv-01074 ; Declarations (3); Exhibits (44) (nmr) (Entered: 04/09/2002)
2002-04-3043RESPONSE by plaintiff ELWOOD J. COOPER in 1:99-cv-02513 in opposition to motion to dismiss complaint [1-1] in 1:01-cv-01074 [42-1] by US CUSTOMS SERVICE, DEA; exhibits (6). (rje) (Entered: 05/01/2002)
2002-05-24MOTION filed by federal defendant in 1:01-cv-01074 to extend time to 6/14/02 to file reply to plaintiff's response to the defendants' recent motion for summary judgment. (rje) (Entered: 05/28/2002)
2002-05-3044ORDER by Judge Thomas P. Jackson : granting motion to extend time to 6/14/02 to file reply to plaintiff's response to the defendants' recent motion for summary judgment. [30-1] by US CUSTOMS SERVICE, DEA response to dispositive motions due by 6/14/02 in 1:01-cv-01074, in 1:99-cv-02513 ; in 1:01-cv-01074 (N) (rew) (Entered: 06/03/2002)
2002-06-14MOTION filed by federal defendants in 1:01-cv-01074 to extend time to 6/19/02 to reply to its motion for summary judgment (nmr) (Entered: 06/17/2002)
2002-06-1945MOTION filed by federal defendants in 1:99-cv-02513 to extend time to 6/20/02 to reply to their motion for summary judgment (nmr) (Entered: 06/21/2002)
2002-06-2046ORDER by Judge Thomas P. Jackson : granting motion to extend time to 6/19/02 to reply to its motion for summary judgment [33-1] by DEA reply to motion for summary judgment due by 6/19/02 in 1:01-cv-01074, in 1:99-cv-02513 ; in 1:01-cv-01074, granting motion to extend time to 6/19/02 to reply to their motion for summary judgment [45-1] by DOJ in 1:99-cv-02513 (N) (rew) (Entered: 06/21/2002)
2002-06-2047REPLY by federal defendants DEA, US CUSTOMS SERVICE in 1:01-cv-01074 to response in opposition to motion to dismiss complaint [1-1] [27-1] by US CUSTOMS SERVICE, DEA in 1:01-cv-01074 (nmr) (Entered: 06/21/2002)
2002-06-2648ORDER by Judge Thomas P. Jackson :granting defendants motion for enlargement of time, reply motion for summary judgment due 6/20/02 in 1:99-cv-02513, in 1:01-cv-01074 ; (N) (rew) (Entered: 07/01/2002)
2002-06-28MOTION filed by plaintiff ELWOOD J. COOPER in 1:01-cv-01074 for order to serve the plaintiff with copies of all of its motions (rje) (Entered: 07/02/2002)
2002-07-10RESPONSE by federal defendant DEA , federal defendant US CUSTOMS SERVICE to motion for order to serve the plaintiff with copies of all of its motions [37-1] by ELWOOD J. COOPER (rje) (Entered: 07/11/2002)
2002-10-1549MOTION filed by plaintiff ELWOOD J. COOPER in 1:99-cv-02513 to order the defendants to disclose the cashier's checks withheld and all documents surrounding the checks in return for dismissal of complaint or, in the alternative for final judgment by the court (rje) (Entered: 10/17/2002)
2003-01-2750MOTION filed by plaintiff ELWOOD J. COOPER in 1:99-cv-02513 for declaratory , or for summary judgment ; exhibits (8) (rje) (Entered: 01/29/2003)
2003-05-2851MEMORANDUM AND ORDER by Judge Thomas P. Jackson : granting cross motion for summary judgment [10-2] by DEPT OF THE TREASURY, US MARSHAL SERVICE, DOJ in 1:99-cv-02513, and dismissing these complaints with prejudice. (N) (xx) (Entered: 06/02/2003)
2003-05-2852JUDGMENT by Judge Thomas P. Jackson in favor of federal defendant DOJ in 1:99-cv-02513, federal defendant US MARSHAL SERVICE in 1:99-cv-02513, federal defendant DEPT OF THE TREASURY in 1:99-cv-02513, against plaintiff ELWOOD J. COOPER in 1:99-cv-02513, plaintiff ELWOOD J. COOPER in 1:01-cv-01074 and dismissing cases with prejudice. (N) (xx) (Entered: 06/02/2003)
2003-06-2353MOTION filed by plaintiff ELWOOD J. COOPER in 1:99-cv-02513 for leave to file motion for reconsideration out of time ; Exhibits (5); Appendix (1); EXHIBIT (MOTION FOR RECONSIDERATION) INCORPORATED IN THIS MOTION. (nmr) (Entered: 06/24/2003)
2003-07-0154NOTICE OF INTERLOCUTORY APPEAL by plaintiff ELWOOD J. COOPER in 1:99-cv-02513 from judgment order [52-1] , entered on: 6/2/03; no fees paid, copies mailed to all parties. (rje) (Entered: 07/03/2003)
2003-07-03TRANSMITTED PRELIMINARY RECORD on appeal [54-1] by ELWOOD J. COOPER to U.S. Court of Appeals (rje) (Entered: 07/03/2003)
2003-07-07USCA # 03-5172 assigned for appeal [54-1] by ELWOOD J. COOPER (rje) (Entered: 07/08/2003)
2003-07-0755MOTION filed by federal defendants DOJ, US MARSHAL SERVICE, DEPT OF THE TREASURY in 1:99-cv-02513 to extend time to 7/18/03 to respond to plaintiff's motion for leave to file motion for reconsideration out of time (rje) (Entered: 07/09/2003)
2003-07-0856ORDER by Judge Thomas P. Jackson: granting motion to extend time to 7/18/03 to respond to plaintiff's motion for leave to file motion for reconsideration out of time [55-1] by DEPT OF THE TREASURY, US MARSHAL SERVICE, DOJ response to motion(s) due by 7/17/03 in 1:01-cv-01074, in 1:99-cv-02513 ; (N) (kmk) (Entered: 07/10/2003)
2003-07-16MOTION filed by federal defendants in 1:01-cv-01074 to extend time to 8/18/03 to respond to plaintiff's motion for leave to file motion for reconsideration out of time in this case (rje) (Entered: 07/17/2003)
2003-07-16SUBSTITUTION OF COUNSEL for federal defendants DEA US CUSTOMS SERVICE in 1:01-cv-01074, substituting Joseph A. Pixley for attorney Edith M. Shine for US CUSTOMS SERVICE and DEA in 1:01-cv-01074 (rje) (Entered: 07/17/2003)
2003-07-22ORDER by Judge Thomas P. Jackson : granting motion to extend time to 8/18/03 to respond to plaintiff's motion for leave to file motion for reconsideration out of time in this case [42-1] by US CUSTOMS SERVICE, DEA response to motion(s) due by 8/18/03 ; (N) (rew) (Entered: 07/23/2003)
2003-08-15MOTION filed by plaintiff ELWOOD J. COOPER in 1:01-cv-01074 for compromise ; affidavit (1), exhibits (5) (rje) (Entered: 08/18/2003)
2003-08-18USDC appeal fee of $5.00 and USCA docketing fee of $100.00 received, for appeal [54-1] by ELWOOD J. COOPER , by plaintiff ELWOOD J. COOPER in 1:99-cv-02513 . USCA notified. (rje) (Entered: 08/25/2003)
2003-08-25TRANSMITTED supplemental record on appeal [54-1] by ELWOOD J. COOPER USCA No.: 03-5172. (rje) (Entered: 08/25/2003)
2003-08-2757RESPONSE by federal defendants in 1:99-cv-02513 in opposition to motion for leave to file motion for reconsideration out of time [53-1] by ELWOOD J. COOPER . (rje) (Entered: 08/29/2003)
2003-09-1258REPLY by plaintiff ELWOOD J. COOPER in 1:99-cv-02513 to response in opposition to motion for leave to file motion for reconsideration out of time [53-1] by ELWOOD J. COOPER; exhibits (2) (rje) (Entered: 09/15/2003)
2003-09-2259MOTION filed by plaintiff ELWOOD J. COOPER in 1:99-cv-02513 for leave of the court to stay , or to be allow to file a new notice of appeal pending final disposition of his motion for reconsideration (rje) (Entered: 09/24/2003)
2004-01-1260MOTION for Reconsideration re 51 Order,, 52 Order,,,, MOTION for Summary Judgment by ELWOOD J. COOPER. (Attachments: # 1 Exhibit A)Associated Cases: 1:99-cv-02513-TPJ,1:01-cv-01074-TPJ(rje, ) (Entered: 01/16/2004)
2004-06-1763MANDATE of USCA (certified copy) as to 54 Notice of Interlocutory Appeal filed by ELWOOD J. COOPER; that the motion for summary affirmance be denied, and on the courts own motion the judgement of the district court filed May 28, 2003 be vacted and the case remanded to the district court; USCA #03-5172. (jsc,) (Entered: 08/06/2004)
2004-06-22NOTICE of Hearing: Remand Hearing set for 7/13/2004 11:00 AM in Courtroom 2 before Judge Thomas Penfield Jackson. (zlin, ) (Entered: 06/22/2004)
2004-07-0861MOTION for entry of an Order to appear before the court via speaker telephone of other remote electronic means, MOTION for issuance of subpoena by ELWOOD J. COOPER; "Let this be filed. Motion denied"(FIAT)Judge Jackson . Associated Cases: 1:99-cv-02513-TPJ,1:01-cv-01074-TPJ(rje, ) Modified on 7/8/2004 (rje, ). (Entered: 07/08/2004)
2004-07-13Minute Entry for proceedings held before Judge Thomas Penfield Jackson: Status Conference on Remand held on 7/13/2004. Case is dismissed with prejudice; OTBP. (Court Reporter Jackie Woods (Miller Reporter).) Associated Cases: 1:99-cv-02513-TPJ,1:01-cv-01074-TPJ(kmk) (Entered: 07/13/2004)
2004-07-1364ORDER DISMISSING CASE with prejudice. Signed by Judge Thomas Penfield Jackson on July 13, 2004. (Burgess, Joe) (Entered: 10/27/2004)
2004-07-2962MOTION for Reconsideration re Status Conference dated 7/13/04, by ELWOOD J. COOPER. (Attachments: # 1 Exhibit A)(rje, ) (Entered: 07/30/2004)
2004-10-28Case Reassigned to Judge Ricardo M. Urbina. Judge Thomas Penfield Jackson no longer assigned to the case. (td, ) (Entered: 11/01/2004)
2005-01-2665NOTICE OF TRANSCRIPT of status conference held on 7/13/04 before Judge Jackson. Court Reporter: Jacqueline Wood. The public may view the document in the Clerk's Office between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday. (rje) (Entered: 01/27/2005)
2005-03-0366ORDER: denying 62 the plaintiff's motion for relief from judgment or order. SO ORDERED. Signed by Judge Ricardo M. Urbina on 3/3/2005. (Entered: 03/03/2005)
2005-03-0367MEMORANDUM OPINION: denying the plaintiff's motion for relief from judgment or order. Signed by Judge Ricardo M. Urbina on 3/3/2005. (Entered: 03/03/2005)
2005-03-0768MOTION to Set Aside Judgment Order of Dismissal by ELWOOD J. COOPER. (Attachments: # 1 Exhibit 1-2# 2 Exhibit 3)(cp, ) (Entered: 03/11/2005)
2005-03-2269ORDER denying 68 the plaintiff's motion to alter or amend judgment. Signed by Judge Ricardo M. Urbina on 3/22/2005. (Entered: 03/22/2005)
2005-03-2870NOTICE OF APPEAL as to Order entered on May 28, 2003 52 Order entered on July 13, 2004 64 and Order entered on March 3, 2005 66 Order on Motion for Reconsideration by ELWOOD J. COOPER. No fee paid. (jf, ) (Entered: 03/29/2005)
2005-03-29Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 70 Notice of Appeal (jf, ) (Entered: 03/29/2005)
2005-03-30PARTIAL USCA Appeal Fees received $ 105 receipt number 133325 re 70 Notice of Appeal filed by ELWOOD J. COOPER, (jf, ) (Entered: 04/04/2005)
2005-04-01USCA Case Number 05-5093 for 70 Notice of Appeal filed by ELWOOD J. COOPER,. (jf, ) (Entered: 04/04/2005)
2005-04-0171SUPPLEMENTAL Notice of Appeal 70 filed by ELWOOD J. COOPER. (jf, ) (Entered: 04/04/2005)
2005-04-04Supplemental Record on Appeal transmitted to US Court of Appeals re 70 Notice of Appeal (jf, ) (Entered: 04/04/2005)
2006-02-2872MANDATE of USCA (certified copy)It is hereby ordered that the motion for reconsideration of the grant of the extension of time be denied; It is further ordered that the motions for summary disposition be denied and the District Court's July 13, 2004 order dismissing the case be vacated and the case remanded to the District Court; USCA#05-5093 (jsc) (Entered: 03/09/2006)
2006-03-09MINUTE ORDER directing the parties to provide briefing. It is hereby ORDERED that the parties file a joint status report on the case on or before May 1, 2006. SO ORDERED. Signed by Judge Ricardo M. Urbina on 03/09/2006. (AL) (Entered: 03/09/2006)
2006-03-09Set Deadlines/Hearings: Status Report due by 5/1/2006. (jwd) (Entered: 03/09/2006)
2006-03-1473NOTICE OF SUBSTITUTION OF COUNSEL by Jane M. Lyons on behalf of U.S. DEPARTMENT OF JUSTICE, US MARSHAL SERVICE, DEPARTMENT OF THE TREASURY Substituting for attorney Edward Alkalay (Lyons, Jane) (Entered: 03/14/2006)
2006-03-1674NOTICE of disclosure by ELWOOD J. COOPER (jf, ) (Entered: 03/21/2006)
2006-04-2575MOTION for Extension of Time to File Joint Status Report by U.S. DEPARTMENT OF JUSTICE, US MARSHAL SERVICE, DEPARTMENT OF THE TREASURY. (Attachments: # 1 Text of Proposed Order)(Lyons, Jane) (Entered: 04/25/2006)
2006-04-27MINUTE ORDER granting 75 the defendants' motion for extension of time to file. Upon consideration of the defendants' motion and for good cause shown therein, it is hereby ORDERED that the parties file their joint status report on or before June 1, 2006. SO ORDERED. Signed by Judge Ricardo M. Urbina on 04/27/2006. (AL) (Entered: 04/27/2006)
2006-04-27Set Deadlines/Hearings: Status Report due by 6/1/2006. (jwd) (Entered: 04/27/2006)
2006-05-0176MOTION for Extension of Time by ELWOOD J. COOPER. (tg, ) (Entered: 05/05/2006)
2006-06-0177STATUS REPORT From Defendants by U.S. DEPARTMENT OF JUSTICE, US MARSHAL SERVICE, DEPARTMENT OF THE TREASURY. (Lyons, Jane) (Entered: 06/01/2006)
2006-06-1378NOTICE of filing by ELWOOD J. COOPER (jf, ) (Entered: 06/15/2006)
2006-06-2679MOTION for Discovery Hearing, MOTION for Leave to Appear Via Video Conference by ELWOOD J. COOPER. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5-6# 6 Exhibit 7-8# 7 Exhibit 9# 8 Text of Proposed Order)(lc, ) (Entered: 06/28/2006)
2006-06-2680RESPONSE/OBJECTION re 77 Status Report filed by ELWOOD J. COOPER. (see docket entry #79 for document images) (lc, ) (Entered: 06/28/2006)
2006-07-0381Memorandum in opposition to re 79 MOTION for Discovery MOTION for Leave to Appear Via Video Conference MOTION for Leave to Appear Via Video Conference filed by U.S. DEPARTMENT OF JUSTICE, US MARSHAL SERVICE, DEPARTMENT OF THE TREASURY. (Attachments: # 1 Text of Proposed Order)(Lyons, Jane) (Entered: 07/03/2006)
2006-07-0382REPLY re 80 Objection to 77 Status Report filed by U.S. DEPARTMENT OF JUSTICE, US MARSHAL SERVICE, DEPARTMENT OF THE TREASURY. (Please see Document No. 81 for scanned image). (nmw, ) (Entered: 07/05/2006)
2006-08-1883MOTION for Extension of Time to file a reply to defendant's opposition to motion for hearing on status of case or discovery by ELWOOD J. COOPER. (Attachments: # 1 Exhibit)(jf, ) (Entered: 08/21/2006)
2006-08-31MINUTE ORDER granting 76 the plaintiff's motion for extension of time to file a unilateral case status report. The plaintiff is hereby ORDERED to file its unilateral case status report on or before September 22, 2006. SO ORDERED. Signed by Judge Ricardo M. Urbina on 08/31/2006. (Entered: 08/31/2006)
2006-08-31Set Deadlines/Hearings: Plaintiff's unilateral case status report due on or before September 22, 2006. (jwd) (Entered: 08/31/2006)
2006-09-01MINUTE ORDER granting 83 the plaintiff's unopposed motion for extension of time to file reply to defendant's opposition. Upon consideration of the plaintiff's motion and for good cause therein, it is hereby ORDERED that the plaintiff file his reply on or before September 30, 2006. SO ORDERED. Signed by Judge Ricardo M. Urbina on 09/01/2006. (Entered: 09/01/2006)
2006-09-0184REPLY to opposition to motion re 79 MOTION for Discovery Hearing andN for Leave to Appear Via Video Conference filed by ELWOOD J. COOPER. (jf, ) (Entered: 09/13/2006)
2006-10-0285SUPPLEMENTAL MEMORANDUM to re Order on Motion for Extension of Time to, filed by ELWOOD J. COOPER. (Attachments: # 1 Text of Proposed Order)(jf, ) (Entered: 10/03/2006)
2006-10-1186RESPONSE to Plaintiff's Motion for a Preliminary Injunction 85 filed by U.S. DEPARTMENT OF JUSTICE, US MARSHAL SERVICE, DEPARTMENT OF THE TREASURY. (Attachments: # 1 Exhibit 1 - Sept. 28, 2006 Letter to Plaintiff# 2 Text of Proposed Order)(Lyons, Jane) (Entered: 10/11/2006)
2006-11-2787MOTION for entry of an order pursuant to FRCP 4.1(b) directing service of defendants' opposition response to plaintiff's motion for preliminary injunction against DOJ/EOUSA by ELWOOD J. COOPER. (jf, ) (Entered: 11/30/2006)
2006-12-0588Memorandum in opposition to re 87 MOTION for entry of an order pursuant to FRCP 4.1(b) directing service of defendants' opposition response to plaintiff's motion for preliminary injunction against DOJ/EOUSA filed by U.S. DEPARTMENT OF JUSTICE, US MARSHAL SERVICE, DEPARTMENT OF THE TREASURY. (Lyons, Jane) (Entered: 12/05/2006)
2007-02-15MINUTE ORDER denying without prejudice 79 the plaintiff's motion for discovery, denying 79 the plaintiff's motion for leave to appear via videoconference. Upon consideration of the parties' submissions, the court determines that discovery is not necessary at this time. Therefore, it is hereby ORDERED that the plaintiff's motion for discovery is DENIED without prejudice. Because there is no present need for a hearing, it is FURTHER ORDERED that the plaintiff's motion for leave to appear via videoconference is DENIED. To address the specific issues identified in the D.C. Circuit Court's remand order, it is hereby ORDERED that the defendant file its renewed motion for summary judgment on or before April 13, 2007. It is FURTHER ORDERED that the plaintiff file its response to the defendant's renewed motion on or before May 11, 2007. It is ORDERED that the defendant file its reply to the plaintiff's response on or before May 25, 2007. SO ORDERED. Signed by Judge Ricardo M. Urbina on 2/15/2007. (Entered: 02/15/2007)
2007-02-16Set Deadlines/Hearings: defendant file its renewed motion for summary judgment on or before April 13, 2007. It is FURTHER ORDERED that the plaintiff file its response to the defendant's renewed motion on or before May 11, 2007. It is ORDERED that the defendant file its reply to the plaintiff's response on or before May 25, 2007. (jwd) (Entered: 02/16/2007)
2007-04-0689MOTION for Extension of Time to File Renewed Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE, US MARSHAL SERVICE, DEPARTMENT OF THE TREASURY (Attachments: # 1 Text of Proposed Order)(Lyons, Jane) (Entered: 04/06/2007)
2007-04-11MINUTE ORDER denying without prejudice 87 the plaintiff's motion for an order pursuant to Federal Rule of Civil Procedure 4.1(b). Based on the defendant's representation that it has re-served the plaintiff with its opposition to the plaintiff's motion for a preliminary injunction, the court hereby DENIES without prejudice the plaintiff's motion. SO ORDERED. Signed by Judge Ricardo M. Urbina on 4/11/2007. (Entered: 04/11/2007)
2007-04-2790MOTION for Summary Judgment (Renewed) by U.S. DEPARTMENT OF JUSTICE, US MARSHAL SERVICE, DEPARTMENT OF THE TREASURY (Attachments: # 1 Exhibit 1- Sept. 19, 2005 letter# 2 Statement of Facts # 3 Notice of Bulky Exhibits# 4 Text of Proposed Order)(Lyons, Jane) (Entered: 04/27/2007)
2007-07-1691MOTION for Leave to File Belated Filing by ELWOOD J. COOPER (Attachments: # 1 Response to Defendant's Renewed Motion for Summary Judgment# 2 Appendix A to Response to Renewed Motion# 3 Appendix B to Response to Renewed Motion# 4 Appendix B - Part 2 to Response to Renewed Motion# 5 Appendix C to Response to Renewed Motion# 6 Notice of Disclosure (part 1) in Support of Response to Renewed Motion for Summary Judgment# 7 Notice of Disclosure (part 2) in Support of Response to Renewed Motion# 8 Notice of Disclosure (part 3) in Support of Response to Renewed Motion)(tg, ) (Entered: 07/19/2007)
2007-12-0392Memorandum in opposition to re 90 MOTION for Summary Judgment (Renewed) MOTION for Summary Judgment (Renewed) filed by ELWOOD J. COOPER. (See Docket Entry 91 to view attachments) (jf, ) (Entered: 12/04/2007)
2007-12-04MINUTE ORDER granting 89 nunc pro tunc the defendants' motion for extension of time to file. Upon consideration of the defendants' motion for extension of time to file a renewed motion for summary judgment and for good cause shown therein, it is hereby ORDERED that the defendants' motion is GRANTED nunc pro tunc to April 6, 2007. It is FURTHER ORDERED that the defendants' renewed motion for summary judgment is accepted as timely filed. SO ORDERED. Signed by Judge Ricardo M. Urbina on 12/04/2007. (Entered: 12/04/2007)
2007-12-04MINUTE ORDER granting 91 the plaintiff's motion for leave to file belated filings. Upon consideration of the plaintiff's motion and for good cause shown therein, it is hereby ORDERED that the plaintiff's motion is GRANTED and the plaintiff's filings are accepted for filing. SO ORDERED. Signed by Judge Ricardo M. Urbina on 12/03/2007. (Entered: 12/04/2007)
2007-12-0493RESPONSE re 90 MOTION for Summary Judgment (Renewed) MOTION for Summary Judgment (Renewed) filed by ELWOOD J. COOPER. ( See Docket Entry 91 to view attachments) (jf, ) (Entered: 12/12/2007)
2008-03-2694ORDER directing the plaintiff to provide further briefing and staying the case. Case stayed. Signed by Judge Ricardo M. Urbina on 3/26/2008. (Entered: 03/26/2008)
2008-05-0195MOTION for Extension of Time to file further briefing by ELWOOD J. COOPER (Attachments: # 1 Exhibit)(jf, ) (Entered: 05/02/2008)
2008-07-2196SUPPLEMENTAL MEMORANDUM to 93 RESPONSE re 90 MOTION for Summary Judgment (Renewed) MOTION for Summary Judgment (Renewed) filed by ELWOOD J. COOPER. (Attachments: # 1 Exhibit)(jf, ) (Entered: 07/23/2008)
2008-10-01MINUTE ORDER granting 95 the plaintiff's motion for an extension of time. Upon consideration of the plaintiff's uncontested motion for an extension of time it is hereby ORDERED that the motion is GRANTED. Signed by Judge Ricardo M. Urbina on 10/1/08. (Entered: 10/01/2008)
2010-08-1697NOTICE of Change of Address by ELWOOD J. COOPER (jf, ) (Entered: 08/17/2010)
2011-08-2698MOTION for Leave to File a Supplemental Pleading, MOTION to Compel Production of Documents by ELWOOD J. COOPER (dr) (Entered: 08/29/2011)
2012-04-20Case randomly reassigned to Judge Reggie B. Walton. Judge Ricardo M. Urbina no longer assigned to the case. (gt, ) (Entered: 04/20/2012)
2012-05-0899ORDER. This case having been randomly reassigned to the undersigned member of the Court on April 20, 2012, and to ensure expeditious resolution of this matter, it is hereby ORDERED that the defendants shall file on or before June 1, 2012, a consolidated brief in response to the following filings of the plaintiff: (1) the Plaintiff's Cross-Motion in Response to the Defendants' Renewed Motion for Summary Judgment and Renewed Motion to Supplement Preliminary Injunction and for Discovery and Hearing Thereon and to Appear Therein Via Video Conference 92 & 93 ; and (2) the Plaintiff's Motion for Leave of the Court to File Supplemental Pleading and Compel Production of Documents 98 . It is further ORDERED that the plaintiff shall file a reply to the defendants' consolidated brief, if any, on or before June 22, 2012. It is further ORDERED that the defendants shall separately file on or before June 1, 2012, a response to the Plaintiff's Statement of Genuine Issues of Material Facts in Opposition to Defendants' Statement of Material Fact Not in Genuine Dispute Relating to Renewed Motion for Summary Judgment 96 . Signed by Judge Reggie B. Walton on 5-8-12. (lcrbw3, ) (Entered: 05/08/2012)
2012-05-09Set/Reset Deadlines: Consolidated Responses to Motions and Defendant's Statement of Material are due by 6/1/2012; Reply to Consolidated Oppositions to Motions due by 6/22/2012. (mpt) (Entered: 05/09/2012)
2012-05-29100MOTION for Extension of Time to File Consolidated Brief by DEPARTMENT OF TREASURY, U.S. DEPARTMENT OF JUSTICE, US MARSHAL SERVICE (Lyons, Jane) (Entered: 05/29/2012)
2012-05-30MINUTE ORDER granting 100 Motion for Extension of Time to File. For good cause shown, it is ORDERED that the Defendants' Motion for Enlargement of Time to File Consolidated Brief is GRANTED. It is further ORDERED that the defendants shall file their consolidated brief and their response to the Plaintiff's Statement of Genuine Issues of Material Facts in Opposition to Defendants' Statement of Material Fact Not in Genuine Dispute Relating to Renewed Motion for Summary Judgment on or before June 22, 2012. It is further ORDERED that the plaintiff shall file his reply to the defendants' consolidated brief, if any, on or before July 13, 2012. Signed by Judge Reggie B. Walton on 5-30-12 (lcrbw3). (Entered: 05/30/2012)
2012-05-30Set/Reset Deadlines: Defendants' consolidated brief and their response to the Plaintiff's Statement of Genuine Issues of Material Facts in Opposition to Defendants' Statement of Material Fact Not in Genuine Dispute Relating to Renewed Motion for Summary Judgment due by 6/22/2012; plaintiff's reply to defendants' consolidated brief due by 7/13/2012. (tg, ) (Entered: 05/30/2012)
2012-06-22101MOTION for Extension of Time to File Response/Reply by DEPARTMENT OF TREASURY, U.S. DEPARTMENT OF JUSTICE, US MARSHAL SERVICE (Lyons, Jane) (Entered: 06/22/2012)
2012-06-25MINUTE ORDER granting 101 Motion for Extension of Time to File Response/Reply. For good cause shown, it is ORDERED that the Defendants' Motion for Further Enlargement of Time to File Consolidated Brief is GRANTED. It is further ORDERED that the defendants shall file their consolidated brief as well as their response to the Plaintiff's Statement of Genuine Issues of Material Facts in Opposition to Defendants' Statement of Material Fact Not in Genuine Dispute Relating to Renewed Motion for Summary Judgment on or before July 26, 2012. It is further ORDERED that the plaintiff shall file his reply to the defendants' consolidated brief, if any, on or before August 15, 2012. It is further ORDERED that this case is ADMINISTRATIVELY CLOSED pending further Order of the Court. Signed by Judge Reggie B. Walton on 6-25-12 (lcrbw3). (Entered: 06/25/2012)
2012-07-26102RESPONSE TO ORDER OF THE COURT re 99 Order,,,, filed by DEPARTMENT OF TREASURY, U.S. DEPARTMENT OF JUSTICE, US MARSHAL SERVICE. (Attachments: # 1 Statement of Facts (Response to Plaintiff's))(Lyons, Jane) (Entered: 07/26/2012)
2012-08-22103REPLY re 102 to Defendants' Consolidated Opposition to Plaintiff's Cross-Motion for Summary Judgment, Renewed Motion for Injunction and Discovery, filed by ELWOOD J. COOPER. (Attachments: # 1 Appendix Index, # 2 Appendix A, # 3 Appendix B, # 4 Appendix C, # 5 Appendix D, # 6 Appendix E, # 7 Appendix F, # 8 Appendix G, # 9 Appendix H, # 10 Appendix I, # 11 Appendix J, # 12 Declaration)(jf, ) Modified to add link on 8/24/2012 (znmw, ). (Entered: 08/23/2012)
2012-08-22104MOTION for Leave to Supplement and Compel Production of Documents by ELWOOD J. COOPER. (See Docket Entry 103 to view document) (jf, ) (Entered: 08/23/2012)
2012-09-11105ORDER granting in part and denying in part 90 Motion for Summary Judgment; granting 98 Motion for Leave to File; denying 98 Motion to Compel; granting in part and denying in part 104 Motion for Leave to File. In accordance with the Memorandum Opinion issued this same date, it is ORDERED that the defendants' renewed motion for summary judgment is GRANTED IN PART and DENIED IN PART WITHOUT PREJUDICE. It is further ORDERED that Cooper's renewed cross-motion for summary judgment is DENIED WITHOUT PREJUDICE. It is further ORDERED that Cooper's Motion for Leave and to Compel is GRANTED IN PART and DENIED IN PART. It is further ORDERED that the defendants shall file a status report on or before November 10, 2012, and every 60 days thereafter, discussing the progress of their re-review of withholdings in this case pursuant FOIA Exemption 2 in light of the Supreme Court's decision in Milner v. Department of Navy, __ U.S. __, 131 S.Ct. 1259 (2011), and proposing, if deemed appropriate, a revised briefing schedule for dispositive motions. Signed by Judge Reggie B. Walton on 9-11-12 (lcrbw3). (Entered: 09/11/2012)
2012-09-11106MEMORANDUM OPINION. Signed by Judge Reggie B. Walton on 9-11-12 (lcrbw3). (Entered: 09/11/2012)
2012-09-12Set/Reset Deadlines: The defendants shall file a status report on or before 11/10/2012 (ad) (Entered: 09/12/2012)
2012-10-12107MOTION for Reconsideration and/or MOTION to Alter/Amend, re 106 Memorandum & Opinion, 105 Order on Motion for Summary Judgment, by ELWOOD J. COOPER (dr) (Entered: 10/16/2012)
2012-11-09108STATUS REPORT (First) by DEPARTMENT OF TREASURY, U.S. DEPARTMENT OF JUSTICE, US MARSHAL SERVICE. (Attachments: # 1 Declaration Second Supp. Declaration of William E. Bordley)(Lyons, Jane) (Entered: 11/09/2012)
2012-11-09109MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion for Reconsideration by DEPARTMENT OF TREASURY, U.S. DEPARTMENT OF JUSTICE, US MARSHAL SERVICE (Lyons, Jane) (Entered: 11/09/2012)
2012-11-28110Second MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion for Reconsideration [ECF 107] by DEPARTMENT OF TREASURY, U.S. DEPARTMENT OF JUSTICE, US MARSHAL SERVICE (Lyons, Jane) (Entered: 11/28/2012)
2012-11-28MINUTE ORDER granting 109 Motion for Extension of Time to File Response/Reply. For good cause shown, it is ORDERED that the Defendants' Motion for Enlargement of Time to File Opposition to Plaintiff's Motion for Reconsideration is GRANTED. Signed by Judge Reggie B. Walton on 11-28-12. (lcrbw3) (Entered: 11/28/2012)
2012-11-28MINUTE ORDER granting 110 Motion for Extension of Time to File Response/Reply. For good cause shown, it is ORDERED that the defendants' second Motion for Extension of Time to File Opposition to Plaintiff's Motion for Reconsideration is GRANTED. It is further ORDERED that the defendants shall file their opposition to the plaintiff's motion on or before January 8, 2013. Signed by Judge Reggie B. Walton on 11-28-12. (lcrbw3) (Entered: 11/28/2012)
2012-11-29Set/Reset Deadlines: Responses to motions due by 1/8/2013 (mpt, ) (Entered: 11/29/2012)
2013-01-08111STATUS REPORT (Second) by DEPARTMENT OF TREASURY, U.S. DEPARTMENT OF JUSTICE, US MARSHAL SERVICE. (Lyons, Jane) (Entered: 01/08/2013)
2013-01-08112MOTION for Extension of Time to File Response/Reply by DEPARTMENT OF TREASURY, U.S. DEPARTMENT OF JUSTICE, US MARSHAL SERVICE (Lyons, Jane) (Entered: 01/08/2013)
2013-03-11113STATUS REPORT (Third) by DEPARTMENT OF TREASURY, U.S. DEPARTMENT OF JUSTICE, US MARSHAL SERVICE. (Lyons, Jane) (Entered: 03/11/2013)
2013-03-13MINUTE ORDER granting 112 Motion for Extension of Time to File Response/Reply. For good cause shown, it is ORDERED that the Defendants' Motion for Further Extension of Time to File Opposition to Plaintiff's Motion for Reconsideration is GRANTED. It is further ORDERED that the defendants shall file their opposition brief on or before March 18, 2013. Moreover, given the age of this case and the numerous extensions already granted, no further extensions of time will be granted by the Court absent extraordinary circumstances. Signed by Judge Reggie B. Walton on 3-13-2013. (lcrbw3) (Entered: 03/13/2013)
2013-04-01114RESPONSE (Opposition) re 111 Status Report, 108 Status Report, 113 Status Report filed by ELWOOD J. COOPER. (td, ) (Entered: 04/03/2013)
2013-04-01115MOTION to Compel disclosure pursuant to Rule 5 Federal Rule of Civil Procedure, MOTION for Entry of Default, MOTION for reconsideration as a matter of law or in the alternative for entry of a final appealable order to allow the Circuit to clarify the scope of its April 23, 2004 and December 28, 2005 remand decisions by ELWOOD J. COOPER; (See docket entry no. 114 to view document) (td, ) (Entered: 04/03/2013)
2013-04-08116Memorandum in opposition to re 107 MOTION for Reconsideration re 106 Memorandum & Opinion, 105 Order on Motion for Summary Judgment, Order on Motion for Leave to File, Order on Motion to Compel,,,,,,,,,,,,,,,,, MOTION to Amend/Correct filed by DEPARTMENT OF TREASURY, U.S. DEPARTMENT OF JUSTICE, US MARSHAL SERVICE. (Lyons, Jane) (Entered: 04/08/2013)
2013-04-08117Memorandum in opposition to re 115 MOTION to Compel MOTION for Entry of Default MOTION for Order filed by DEPARTMENT OF TREASURY, U.S. DEPARTMENT OF JUSTICE, US MARSHAL SERVICE. (Lyons, Jane) (Entered: 04/08/2013)
2013-05-10118STATUS REPORT (Fourth) by DEPARTMENT OF TREASURY, U.S. DEPARTMENT OF JUSTICE, US MARSHAL SERVICE. (Attachments: # 1 Declaration of William C. Little, Jr., # 2 Declaration of Stephanie M. Boucher, # 3 Declaration of Barry S. Orlow)(Lyons, Jane) (Entered: 05/10/2013)
2013-06-20119ORDER denying 107 Motion for Reconsideration; denying 107 Motion to Amend/Correct; denying 115 Motion to Compel; denying 115 Motion for Entry of Default; denying 115 Motion for Order. For the reasons set forth in the attached Order, it is ORDERED that the plaintiff's motion for reconsideration and miscellaneous motion are DENIED. It is further ORDERED that the defendants shall submit a second renewed motion for summary judgment on or before July 22, 2013, focusing solely on the propriety of the redactions made to the additional documents produced to the plaintiff in September 2005. On the date this filing is submitted to the Court, the defendants shall hand-deliver to chambers (1) a courtesy copy of their motion, along with any supporting memoranda and exhibits cited therein, including any cited exhibits that are already part of the record in this case; and (2) an electronic copy of the foregoing filings on a compact disc. It is further ORDERED that the plaintiff shall submit a memorandum in opposition to the defendants' second renewed motion for summary judgment on or before August 22, 2013. The plaintiff, like the defendants, is directed to focus solely on the propriety of the redactions made to the additional documents produced by the defendants in September 2005. Any irrelevant arguments or further motions for reconsideration are strongly discouraged and, absent an exceptional showing, will be summarily denied. It is further ORDERED that the defendants shall file a reply brief in support of their motion on or before September 5, 2013. Signed by Judge Reggie B. Walton on 6-20-2013. (lcrbw3) (Entered: 06/20/2013)
2013-06-20Set/Reset Deadlines: Second Renewed Summary Judgment motions due by 7/22/2013. Opposition due by 8/22/2013. Reply due by 9/5/2013. (mpt, ) (Entered: 06/20/2013)
2013-07-22120MOTION for Summary Judgment (Second Renewed) by DEPARTMENT OF TREASURY, U.S. DEPARTMENT OF JUSTICE, US MARSHAL SERVICE (Attachments: # 1 Statement of Facts, # 2 Exhibit 1 - Sept. 19, 2005 FOIA Release, # 3 Exhibit 2 - Supp. Declaration of William E. Bordley, # 4 Exhibit 3 - Supp. Declaration of Leila I. Wassom (excerpt), # 5 Exhibit 4 - 2d Supp. Declaration of William E. Bordley, # 6 Exhibit 5 - Declaration of William C. Little, Jr. (excerpt))(Lyons, Jane) (Entered: 07/22/2013)
2013-09-13121Cross MOTION for Summary Judgment by ELWOOD J. COOPER; ("Leave to file is granted" by Judge Walton) (Attachments: # 1 Appendix A, # 2 Appendix B, # 3 Appendix C, # 4 Appendix D, # 5 Appendix E, # 6 Appendix F, # 7 Appendix G, # 8 Appendix H)(td, ) Modified on 9/16/2013 (td, ).(Portions may be illegible. Original document is lodged in the file room) (Entered: 09/16/2013)
2013-09-13122Memorandum in opposition to re 120 MOTION for Summary Judgment (Second Renewed) filed by ELWOOD J. COOPER; (See docket entry no. 121 to view document); (Portions may be illegible. Original document is lodged in the file room) (td, ) (Entered: 09/16/2013)
2013-09-19123MOTION for Extension of Time to File Response/Reply as to 120 MOTION for Summary Judgment (Second Renewed) , 121 MOTION for Summary Judgment by DEPARTMENT OF TREASURY, U.S. DEPARTMENT OF JUSTICE, US MARSHAL SERVICE (Lyons, Jane) (Entered: 09/19/2013)
2013-09-27124MOTION for Order by ELWOOD J. COOPER (rdj) (Entered: 10/02/2013)
2013-10-02125MOTION to Stay In Light of Lapse of Appropriations by DEPARTMENT OF TREASURY, U.S. DEPARTMENT OF JUSTICE, US MARSHAL SERVICE (Lyons, Jane) (Entered: 10/02/2013)
2013-10-07ORDER granting 125 Motion to Stay. Upon consideration of the Defendants' Motion to Stay In Light of Lapse of Appropriations, it is hereby ORDERED that the motion is GRANTED and all deadlines in this case shall be extended for a period commensurate with the duration of the lapse in appropriations. Signed by Judge Reggie B. Walton on 10/7/2013. (lcrbw4) (Entered: 10/07/2013)
2013-10-25126REPLY to opposition to motion re 120 MOTION for Summary Judgment (Second Renewed) , filed by DEPARTMENT OF TREASURY, U.S. DEPARTMENT OF JUSTICE, US MARSHAL SERVICE. (Attachments: # 1 Statement of Facts (Response to Plaintiff's Statement of Genuine Issues))(Lyons, Jane) Modified entry and linkage on 10/28/2013 (td, ). (Entered: 10/25/2013)
2013-10-25127Memorandum in opposition to re 121 MOTION for Summary Judgment, 124 MOTION for Order filed by DEPARTMENT OF TREASURY, U.S. DEPARTMENT OF JUSTICE, US MARSHAL SERVICE;(See docket entry no. 126 to view document) (td, ) (Entered: 10/28/2013)
2013-11-08128NOTICE of disclosure and intent to reply by ELWOOD J. COOPER (Attachments: # 1 Exhibit)(td, ) (Entered: 11/08/2013)
2013-11-08129NOTICE of filing of exhibits served form plaintiff's second cross-motion in opposition to defendants' second renewed motion for summary judgment by ELWOOD J. COOPER re 121 MOTION for Summary Judgment (Attachments: # 1 Exhibit Part 1 of 7, # 2 Exhibit Part 2 of 7, # 3 Exhibit Part 3 of 7, # 4 Exhibit Part 4 of 7, # 5 Exhibit Part 5 of 7, # 6 Exhibit Part 6 of 7, # 7 Exhibit Part 7 of 7); ("Leave to file granted" by Judge Walton); (Some documents are illegible);(td, ) Modified on 11/21/2013 (td, ). (Entered: 11/21/2013)
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