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Case TitleMCGEHEE v. U.S. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2001cv01872
Date Filed2001-08-30
Date Closed2019-03-04
JudgeJudge Trevor N. McFadden
PlaintiffFIELDING MCGEHEE, III
PlaintiffREBECCA MOORE
DefendantU.S. DEPARTMENT OF JUSTICE
AppealD.C. Circuit 19-5347
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Opinion/Order [149]
FOIA Project Annotation: Judge Gladys Kessler has ruled that the FBI conducted an adequate search for records containing the names of individuals who died as a result of a mass suicide at the People's Temple at Jonestown, Guyana on Nov. 18, 1978 and that it properly invoked various subparts of Exemption 7 (law enforcement records) to withhold records. Fielding McGehee originally requested the information in 1998. The FBI identified its investigation of the shooting death of Rep. Leo Ryan of California, which occurred at the Temple site just prior to the mass suicide, as the only responsive records. It provided McGehee with three CD-ROMs that contained 48,738 pre-processed pages, although they did not contain the list of victims McGehee had requested. McGehee filed suit in 2001 and spent the next eight years negotiating with the agency to resolve his various requests concerning the Jonestown massacre. In July 2009, the parties agreed to use 105 documents, containing 424 pages, as a representative sampling. Based on the sampling, the FBI released 36 pages in full, 234 pages in part, and withheld 157 pages entirely. The FBI conducted searches using variants containing the search term "Jonestown," but still found nothing more than the Ryan investigation file. McGehee argued the agency's search was inadequate because it had picked up no other main files. But Kessler explained that "the FBI's search picked up not only 'main' files but also 'cross-references,' which are documents 'in an FBI file on another subject of an investigation in which the subject of the FOIA request is merely mentioned or referred to. . ." MeGehee also questioned why there was no separate file on Larry Layton, who was convicted of Ryan's murder. Kessler noted that "as the FBI has explained, however, Larry Layton was tried and convicted 'for acts relating to the assassination in Jonestown.' Hence, documents relating to Layton would be in the [Ryan] file, and, in fact, 'Larry Layton is listed as a main subject of the [Ryan] file.'" The agency had used Exemption 7(C) (invasion of privacy concerning law enforcement records) to withhold personal information about government employees and third parties. McGehee contended that there was a significant public interest in providing a full public record of the Jonestown massacre. But Kessler pointed out that "although the Jonestown Massacre may have elicited a great deal of public attention, the relevant question is not whether the public would like to know the names of FBI agents and victims involved, but whether knowing those names would shed light on the FBI's performance of its statutory duties. Plaintiffs have failed to convincingly explain how knowing the names of the persons involved would achieve that goal." McGehee suggested that the passage of time diminished any fear of reprisal that might have existed shortly after the Jonestown massacre when certain witnesses were granted confidentiality. But Kessler indicated that "plaintiffs point to no authority for the claim that a source can lose its implied assurance of confidentiality if and when it subsequently becomes less afraid of reprisal." The agency withheld information about the types of "stop" requests it placed with the INS under Exemption 7(E) (investigative methods and techniques). McGehee argued the agency had not shown that such "stops" were unknown to the public. Kessler, however, observed that "Exemption 7(E) may be used to protect information where disclosure reasonably could lead to circumvention of laws or regulations even where the existence of the general technique is known to the public. In sum, Exemption 7(E) does not require that the general technique be unknown to the public." Kessler found that the FBI's Vaughn index did not adequately address the issue of segregability. Telling the agency to supplement its index, she pointed out that "although the Court was able to determine the propriety of the asserted Exemptions based on the Defendant's affidavits, the failure of the Vaughn Index to provide any specific information regarding the missing pages and numerous redactions renders it impossible to evaluate the FBI's conclusions that the pages included no segregable portions."
Issues: Exemption 7 - Law enforcement records, Adequacy - Search
Opinion/Order [266]
FOIA Project Annotation: Judge Trevor McFadden has ruled that the FBI has finally shown that it conducted an adequate search for records concerning the agency's investigation of the Jonestown Massacre in response to a 1998 FOIA request for Fielding McGehee and his wife Rebecca Moore and that it properly withheld records under Exemption 1 (national security), Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). McFadden inherited McGehee's case from Judge Gladys Kessler, who ruled in 2011 that the agency's search was adequate but that its Vaughn index was deficient. McGehee's only remaining challenge to the adequacy of the FBI's search was that there appeared to have been a large number of unaccounted for records at the FBI's San Francisco office. McFadden noted that at the time McGehee made his request in 1998, requesters were required to request records from specific field offices. McGehee made his request only to FBI headquarters. Approving the adequacy of the agency's search, McFadden pointed out that "the FBI has submitted a detailed declaration explaining why the San Francisco records would not have been at the FBI headquarters when the Plaintiffs submitted their requests back in 1998. And given the Plaintiffs' requests, the FBI had no obligation to process material housed in San Francisco. Even if the Plaintiffs are correct in their bald assertion that the San Francisco documents were at FBI Headquarters in 1998, 'the adequacy of a FOIA search is generally determined not by the fruits of the search, but by the appropriateness of the methods used to carry out the search.'" McFadden observed that "the FBI has since conducted another search and released more material to the Plaintiffs. This does not undermine the FBI's position here. Rather, this only highlights the FBI's good-faith efforts to locate all responsive records." McFadden agreed with the agency's invocation of Exemption 1. He pointed out that "it is both plausible and logical that the disclosure of the information withheld by the FBI 'reasonably cold be expected to result in damage to the national security.' After all, this FOIA request relates to the murder of a congressman abroad and the second largest single loss of American civilians by a deliberate act in history." The FBI withheld photographs of individuals under Exemption 7(C). McFadden upheld the agency's exemption claim, pointing out that "here, the Plaintiffs do not explain why �" and indeed it is hard to see how �" this information would shed light on the FBI's performance of its statutory duties."
Issues: Exemption 1 - Harm to national security, Adequacy - Search
Opinion/Order [274]
FOIA Project Annotation: Judge Trevor McFadden has dismissed the remaining claims of Fielding McGehee and Rebecca Moore concerning their request to the FBI for records pertaining to the Jonestown Massacre. McFadden had previously ruled that the FBI conducted an adequate search even though it did not search certain records in the FBI's San Francisco office. McGehee and Moore filed a motion asking McFadden to reconsider his previous ruling. The FBI argued that McGehee and Moore were not entitled to reconsideration because they had filed their motion too late. While McFadden found McGehee and Moore's motion for reconsideration was filed on time, he indicated that the motion did not provide any new evidence meriting reconsideration. He rejected the plaintiffs' claim that the FBI should have searched at headquarters for records generated by the San Francisco field office, observing that "even if there was evidence that these records were there at some point, 'the Plaintiffs offer no evidence that the San Francisco documents were at the FBI Headquarters when they submitted their FOIA requests.' In any case, 'the adequacy of a FOIA search is generally determined not by the fruits of the search, but by the appropriateness of the methods used to carry out the search.' In short, Plaintiffs fail to identify any error, much less clear error, in the Court's earlier Order." McGehee and Moore argued that because their attorney was tied up with other litigation in Singapore at the time their opposition to the agency's summary judgment motion was due, they were unable to file anything more than a notice. McFadden suggested McGehee and Moore should have filed for an extension of time instead. He pointed out that "the Court, not the parties, set the briefing schedule. It would have been just as easy for the Plaintiffs to seek an extension as it was to file the Notice. But the former would have been more efficacious."
Issues: Adequacy - Search
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2001-08-301COMPLAINT against U.S. DEPARTMENT OF JUSTICE ( Filing fee $150 ). Filed by FIELDING MCGEHEE III. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6)(jeb, ) (Entered: 09/06/2001)
2001-08-30SUMMONS (3) Issued as to U.S. DEPARTMENT OF JUSTICE , U.S. Attorney and U.S. Attorney General (jeb, ) (Entered: 10/11/2001)
2001-08-312MOTION to Vacate initial electronic case filing order by FIELDING MCGEHEE III. (jeb, ) (Entered: 09/11/2001)
2001-09-184NOTICE of Appearance by Vincent H. Cohen Jr. on behalf of U.S. DEPARTMENT OF JUSTICE (jeb, ) (Entered: 10/04/2001)
2001-10-013MOTION for Extension of Time to File Answer re 1 complaint by U.S. DEPARTMENT OF JUSTICE. (ag, ) (Entered: 10/02/2001)
2001-11-135NOTICE to Court Concerning Mail Service at United States Attorney's Office by U.S. DEPARTMENT OF JUSTICE (ag, ) (Entered: 11/16/2001)
2001-12-03ORDER GRANTING Defendant's Motion for Extension of Time to Answer 3 . The Defendant shall have up to and including December 30, 2001, to answer or otherwise respond to Plaintiff's complaint. Signed by Judge John Garrett Penn on 12/03/01. (lcpenn1) (Entered: 12/03/2001)
2001-12-176RESPONSE to defendant's motion for further extension time to answer complaint filed by FIELDING MCGEHEE III. (aet, ) (Entered: 01/08/2002)
2002-01-039MOTION for Extension of Time to File a dispositive motion to and including 1/17/02 by U.S. DEPARTMENT OF JUSTICE. (aet, ) (Entered: 01/18/2002)
2002-01-167MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE. (Cohen, Vincent) (Entered: 01/16/2002)
2002-01-168NOTICE re 7 Exhibit Attachment by U.S. DEPARTMENT OF JUSTICE (Cohen, Vincent) (Entered: 01/16/2002)
2002-01-1610NOTICE regarding exhibit attachment by U.S. DEPARTMENT OF JUSTICE (aet, ) (Entered: 02/07/2002)
2002-03-2911MOTION for Extension of Time to File Response/Reply re 7 to defendant's motion for summary judgment up to 5/6/02 by FIELDING MCGEHEE III. (aet, ) (Entered: 04/04/2002)
2002-04-09ORDER granting Motion for Extension of Time to File Response/Reply to Defendant's Motion for Summary Judgment 11 . The plaintiffs' response is due on or before May 6, 2002. . Signed by Judge John Garrett Penn on 04/09/02. (lcpenn1) (Entered: 04/09/2002)
2002-05-0612MOTION for Extension of Time to File Response/Reply re 7 to defendant's motion for summary judgment by FIELDING MCGEHEE III. (cdw, ) (Entered: 05/09/2002)
2002-05-28ORDER granting Motion for Extension of Time to File Response/Reply 12 . Plaintiffs shall have until May 28, 2002, to file their respons to defendant's Motion for Summary Judgment. Signed by Judge John Garrett Penn on 05/09/02. (lcpenn1, ) (Entered: 05/28/2002)
2002-05-28ORDER granting Motion for Extension of Time to File 9 Signed by Judge John Garrett Penn on 05/09/02.(lcpenn1, ) (Entered: 05/28/2002)
2002-05-2813MOTION for Extension of Time to File Response/Reply to Defendant's Motion for Summary Judgment by FIELDING MCGEHEE III. (Lesar, James) (Entered: 05/28/2002)
2002-06-03ORDER granting Motion for Extension of Time to File Response/Reply 13 . Plaintiff's response to defendant's Motion for Summary Judgment shall be due on or before June 11, 2002. Signed by Judge John Garrett Penn on 06/03/02. (lcpenn1) (Entered: 06/03/2002)
2002-06-1114Unopposed MOTION for Extension of Time to File Response/Reply Response by FIELDING MCGEHEE III. (Lesar, James) (Entered: 06/11/2002)
2002-07-1915ENTERED IN ERROR.....Cross MOTION for Summary Judgment and Motions for Vaughn v. Rosen Index and Further Searches by FIELDING MCGEHEE III. (Lesar, James) Modified on 7/22/2002 (mpt, ). (Entered: 07/19/2002)
2002-07-2016ENTERED IN ERROR.....Cross MOTION for Summary Judgment and Motions for a Vaughn v. Rosen Index and for Further Searches by FIELDING MCGEHEE III. (Attachments: # 1 Memorandum of Points and Authorities)(Lesar, James) Modified on 7/22/2002 (mpt, ). (Entered: 07/20/2002)
2002-07-2017Cross MOTION for Summary Judgment by FIELDING MCGEHEE III. (Attachments: # 1 Statement of Material Facts# 2 Response to Material Facts# 3 Declaration of Fielding McGehee# 4 Declaration of Rebecca Moore)(mpt, ) (Entered: 07/25/2002)
2002-07-2218Second MOTION for Leave to File Response to Defendant's Motion for Summary Judgment, Time Having Expired by FIELDING MCGEHEE III. (mpt, ) (Entered: 07/25/2002)
2002-07-2219MOTION for Leave to File Amended Complaint by FIELDING MCGEHEE III. (Attachments: # 1 Amended Complaint# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8# 10 Exhibit 9# 11 Exhibit 10# 12 Exhibit 11# 13 Exhibit 12# 14 Exhibit 13# 15 Exhibit 14)(mpt, ) (Entered: 07/25/2002)
2002-07-2620ENTERED IN ERROR.....NOTICE by FIELDING MCGEHEE III (Lesar, James) Modified on 7/29/2002 (mpt, ). (Entered: 07/26/2002)
2002-08-2821Unopposed MOTION for Extension of Time to File Response/Reply by U.S. DEPARTMENT OF JUSTICE. (Cohen, Vincent) (Entered: 08/28/2002)
2002-09-03ORDER granting Defendants' Unopposed Motion for Extension of Time to File Response/Reply 21 . Defendants shall have up to and including September 27, 2002, to respond to Plaintiff's cross motion for summary judgment; motions for a Vaughn Index and further seaches; and motion for leave to file an amended complaint . Signed by Judge John Garrett Penn on 09/02/02. (lcpenn1) (Entered: 09/03/2002)
2002-09-2622Unopposed MOTION for Extension of Time to File Response/Reply by U.S. DEPARTMENT OF JUSTICE. (Cohen, Vincent) (Entered: 09/26/2002)
2002-09-26ORDER granting Motion for Extension of Time to File Response/Reply 22 . Defendants shall have up to and including November 11, 2002, to respond to Plaintiff's cross-motion for summary judgment and motions for Vaughn V. Rosen Index and further searches and motion for leave to file an amended complaint. Signed by Judge John Garrett Penn on 09/26/02. (lcpenn1) (Entered: 09/26/2002)
2002-11-1223Memorandum in opposition to motion re 19 for Leave to Amend the Complaint filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit)(Cohen, Vincent) (Entered: 11/12/2002)
2002-11-1224MOTION for Extension of Time to File Response/Reply re 17 to plaintiff's cross motion for summary judgment by U.S. DEPARTMENT OF JUSTICE. (mpt, ) (Entered: 11/13/2002)
2002-11-2625Memorandum in opposition to motion re 17 for summary judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Affidavit # 2 Affidavit)(Cohen, Vincent) (Entered: 11/26/2002)
2002-12-0226RESPONSE to any document re 19 Defendant's Opposition to Plaintiff's Motion for Leave to Amend Complaint filed by FIELDING MCGEHEE III. (Lesar, James) (Entered: 12/02/2002)
2002-12-0227MOTION for Leave to File Reply to Defendant's Opposition to Plaintiff's Motion for Leave to File Amended Complaint Out-of-Time by FIELDING MCGEHEE III. (Lesar, James) (Entered: 12/02/2002)
2002-12-02ORDER granting 27 Motion for Leave to File. Signed by Judge John Garrett Penn on 12/02/02. (lcpenn1) (Entered: 12/02/2002)
2002-12-0928MOTION for Order by FIELDING MCGEHEE III. (Lesar, James) (Entered: 12/10/2002)
2003-04-04ORDER denying 2 Motion to Vacate, nunc pro tunc . Signed by Judge John G. Penn on 02/04/03. (lcpenn1, ) (Entered: 04/04/2003)
2003-04-04ORDER granting 14 Motion for Extension of Time to File Response/Reply re 14 , nunc pro tunc. Signed by Judge John G. Penn on 04/04/03. (lcpenn1, ) (Entered: 04/04/2003)
2003-06-0629ORDER granting 19 Motion for Leave to File, finding as moot 28 Motion for Order. Signed by Judge John Garrett Penn on 06/06/2003. (lcpenn1) (Entered: 06/06/2003)
2003-07-1830Consent MOTION for Extension of Time to move, answer or otherwise respond to the amended complaint by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 )(Goldfluss, Lisa) (Entered: 07/18/2003)
2003-08-0431ORDER granting 30 Defendant's Consent Motion for Enlargement of Time. The defendant shall have up to and including August 18, 2003, in which to move, answer or otherwise respond to the amended complaint. Signed by Judge John Garrett Penn on 08/04/03. (lcpenn1, ) (Entered: 08/04/2003)
2003-08-1232ORDER withdrawing 7 Motion for Summary Judgment, withdrawing 17 Motion for Summary Judgment. Signed by Judge John Garrett Penn on 08/12/2003. (lcpenn1) (Entered: 08/12/2003)
2003-08-1233ORDER granting 18 Motion for Leave to File, nunc pro tunc. Signed by Judge John Garrett Penn on 08/12/2003. (lcpenn1, ) (Entered: 08/12/2003)
2003-08-1234ORDER finding as moot 24 Motion for Extension of Time to File Response/Reply. Signed by Judge John Garrett Penn on 08/12/2003. (lcpenn1, ) (Entered: 08/12/2003)
2003-08-1535Consent MOTION for Extension of Time to to move, answer or otherwise respond to the amended complaint by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 )(Goldfluss, Lisa) (Entered: 08/15/2003)
2003-08-2536ORDER granting 35 Motion for Extension of Time. Defendant shall have up to and including September 17, 2003, in which to move, answer or otherwise respond to the amended complaint. Signed by Judge John Garrett Penn on 08/25/03. (lcpenn1) (Entered: 08/25/2003)
2003-09-1737ANSWER to Complaint Defendant's Answer to Plaintiffs' First Amended Complaint for Injunctive Relief by U.S. DEPARTMENT OF JUSTICE.(Goldfluss, Lisa) (Entered: 09/17/2003)
2004-02-1138ORDER for initial scheduling hearing. Initial scheduling conference set for 3/15/04 at 9:30 a.m. in Courtroom 15 (see order for details). Signed by Judge John Garrett Penn on February 11, 2004. (clcjgp) (Entered: 02/11/2004)
2004-03-1139STATUS REPORT Joint Statement by U.S. DEPARTMENT OF JUSTICE. (Goldfluss, Lisa) (Entered: 03/11/2004)
2004-03-15Minute Entry for proceedings held before Judge John G. Penn: Status Conference held on 3/15/2004. Status Conference set for 10/13/2004 09:30 AM before Judge John G. Penn. (Court Reporter Cathy Crump- Miller Reporter.) (kmk) (Entered: 03/15/2004)
2004-03-1640ORDER setting status hearing for 10/13/04 at 9:30 a.m. Defendant shall file status report not later than September 14, 2004. Signed by Judge John Garrett Penn on March 15, 2004. (clcjgp) (Entered: 03/16/2004)
2004-09-1341Consent MOTION for Extension of Time to File Status Report by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Goldfluss, Lisa) (Entered: 09/13/2004)
2004-09-2842NOTICE by U.S. DEPARTMENT OF JUSTICE re Status Conference, Set Hearings Notice of Filing of Status Report (Attachments: # 1 Exhibit Status Report)(Goldfluss, Lisa) (Entered: 09/28/2004)
2004-09-3043STIPULATION re Status Conference, Set Hearings Stipulation and Order by U.S. DEPARTMENT OF JUSTICE. (Goldfluss, Lisa) (Entered: 09/30/2004)
2004-10-2644Joint MOTION to Continue Status Conference by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Goldfluss, Lisa) (Entered: 10/26/2004)
2004-10-26MINUTE ORDER granting, nunc pro tunc, 41 Defendant's Consent Motion for Enlargement of Time. Defendant U.S. DEPARTMENT OF JUSTICE's Status Report due 9/28/04.Signed by Judge John Garrett Penn on October 26, 2004.(lcjgp1) (Entered: 10/26/2004)
2004-10-26MINUTE ORDER granting 44 Joint Motion for Continuance of Status Conference. Status Hearing set for November 23, 2004 at 2:30 PM.Signed by Judge John Garrett Penn on October 26, 2004.(lcjgp1) (Entered: 10/26/2004)
2004-11-23Minute Entry for proceedings held before Judge John G. Penn: Status Conference held on 11/23/2004. FBI report due 12/13/2004:OTBP. (Court Reporter Rebecca King) (kmk) (Entered: 12/03/2004)
2004-11-2945ORDER Defendant shall file a report on or before December 13, 2004 regarding any and all referrals made to all government agencies, including, but not limited to, those referrals referenced in the March 11, 2004 Joint Statement 39 , those discussed in the September 28, 2004 Status Report 42 , and those to which Defendant was alerted just prior to the November 23, 2004 hearing. Statement should detail when any and all such referrals, initial and subsequent, were made to each agency, number of pages referred to each agency, and when each agency expects to have completed document review so that the documents or a Vaughn index might be available to Plaintiffs. Signed by Judge John Garrett Penn on November 23, 2004. (clcjgp) (Entered: 11/29/2004)
2004-12-1346NOTICE of Filing of Declaration of David M. Hardy (discussing status of referrals by FBI to other agencies) by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Affidavit Declaration of David M. Hardy (discussing status of referrals by FBI to other agencies))(Goldfluss, Lisa) (Entered: 12/13/2004)
2004-12-1747ORDER that on or before January 18, 2005 defendant shall provide the Court with an updated report. Report should detail all developments subsequent to the December 13, 2004 report including new or revised estimates of dates upon which each agency's document review is expected to be completed and the status of all documents for which agency review is complete. See Order for details. Signed by Judge John Garrett Penn on December 16, 2004. (clcjgp) (Entered: 12/17/2004)
2005-01-1848NOTICE Notice of Filing of Declaration of Keith R. Gehle by U.S. DEPARTMENT OF JUSTICE re 47 Order, (Attachments: # 1 Affidavit Declaration of Keith R. Gehle)(Goldfluss, Lisa) (Entered: 01/18/2005)
2005-02-1549ORDER directing Plaintiff to submit revised status report on or before April 8, 2005. Signed by Judge John Garrett Penn on February 15, 2005. (lcjgp1) (Entered: 02/15/2005)
2005-02-15Set/Reset Deadlines: Plaintiff to submit revised Status Report by 4/8/2005. (jwb) (Entered: 02/17/2005)
2005-03-3150MOTION for Extension of Time to File Revised Status Report by FIELDING MCGEHEE, III. (Lesar, James) (Entered: 03/31/2005)
2005-04-0851NOTICE of Filing of Second Declaration of Daivd M. Hardy by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 )(Goldfluss, Lisa) (Entered: 04/08/2005)
2005-04-1352NOTICE of Filing by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 )(Goldfluss, Lisa) (Entered: 04/13/2005)
2005-04-1553STATUS REPORT by FIELDING MCGEHEE, III. (Lesar, James) (Entered: 04/15/2005)
2005-04-1954ORDER denying as moot 50 Motion for Extension of Time. See order for details. Signed by Judge John Garrett Penn on April 19, 2005.(lcjgp1) (Entered: 04/19/2005)
2005-04-1955ORDER directing Defendant to submit revised status report on or before July 14, 2005. Signed by Judge John Garrett Penn on April 19, 2005. (lcjgp1) (Entered: 04/19/2005)
2005-04-20Set/Reset Deadlines: Status Report by defendant due by 7/14/2005. (jwb) (Entered: 04/20/2005)
2005-07-1456NOTICE of Filing of Fourth Declaration by U.S. DEPARTMENT OF JUSTICE re 55 Order (Attachments: # 1 Declaration of David M Hardy)(Goldfluss, Lisa) (Entered: 07/14/2005)
2005-07-1957ORDER directing Defendant to file updated report on or before August 15, 2005. See order for details. Signed by Judge John Garrett Penn on July 19, 2005. (lcjgp1) (Entered: 07/19/2005)
2005-07-20Set/Reset Deadlines: Status Report by defendant due by 8/15/2005. (jwb) (Entered: 07/20/2005)
2005-08-1258NOTICE of Filing of Fifth Declaration of David M Hardy by U.S. DEPARTMENT OF JUSTICE re 57 Order (Attachments: # 1 Hardy Declaration #5)(Goldfluss, Lisa) (Entered: 08/12/2005)
2005-08-3159ORDER directing parties to file joint status report on or before September 30, 2005. Signed by Judge John Garrett Penn on August 31, 2005. (lcjgp1) (Entered: 08/31/2005)
2005-08-31Set/Reset Deadlines: Status Report due by 9/30/2005. (jwb ) (Entered: 08/31/2005)
2005-09-2960Joint MOTION for Extension of Time to File Joint Status Report by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Goldfluss, Lisa) (Entered: 09/29/2005)
2005-10-0561ORDER granting 60 Motion for Extension of Time. Joint status report due October 14, 2005. Signed by Judge John Garrett Penn on October 5, 2005.(lcjgp1) (Entered: 10/05/2005)
2005-10-06Set/Reset Deadlines: Status Report due by 10/14/2005. (jwb) (Entered: 10/06/2005)
2005-10-1462STATUS REPORT Joint Status Report by U.S. DEPARTMENT OF JUSTICE. (Goldfluss, Lisa) (Entered: 10/14/2005)
2006-01-1763Consent MOTION for Extension of Time to Report to the Court by FIELDING MCGEHEE, III. (Lesar, James) (Entered: 01/17/2006)
2006-01-1964ORDER granting 63 Motion for Extension of Time. Parties to file joint status report by March 16, 2006. See order for details. Signed by Judge John Garrett Penn on January 19, 2006. (lcjgp1) (Entered: 01/19/2006)
2006-03-1665Joint MOTION for Extension of Time to Report to the Court by FIELDING MCGEHEE, III. (Lesar, James) (Entered: 03/16/2006)
2006-03-17MINUTE ORDER granting 65 Motion for Extension of Time. On or before May 2, 2006, the parties shall file a joint status report advising the Court of the results of their settlement negotiations and setting forth a proposed briefing schedule for any unresolved issues. Signed by Judge John Garrett Penn on March 17, 2006.(lcjgp1) (Entered: 03/17/2006)
2006-05-0166Joint MOTION for Extension of Time to File Report by FIELDING MCGEHEE, III. (Lesar, James) (Entered: 05/01/2006)
2006-05-02MINUTE ORDER granting 66 Joint Motion for Enlargement of Time. On or before June 1, 2006, the parties shall file a joint status report advising the Court of the results of their settlement negotiations and setting forth a proposed briefing schedule for any unresolved issues. Signed by Judge John Garrett Penn on May 2, 2006.(lcjgp1) (Entered: 05/02/2006)
2006-06-0167STATUS REPORT Joint Status Report And Motion For Enlargement Of Time To Establish Briefing Schedule by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Goldfluss, Lisa) (Entered: 06/01/2006)
2006-06-0168Joint MOTION for Extension of Time to Joint Status Report And Motion For Enlargement Of Time To Establish Briefing Schedule by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Goldfluss, Lisa) (Entered: 06/01/2006)
2006-06-02ORDER granting 68 Joint Motion for Extension of Time. On or before July 17, 2006, the parties shall file a joint report regarding the status of settlement negotiations and, if necessary, proposing a schedule for filing of summary judgment motions. Signed by Judge John Garrett Penn on June 2, 2006. (lcjgp1) (Entered: 06/02/2006)
2006-07-1469Joint MOTION for Extension of Time to file status report by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Goldfluss, Lisa) (Entered: 07/14/2006)
2006-07-14ORDER granting 69 Joint Motion for Enlargement of Time. On or before July 21, 2006, the parties shall file a joint report regarding the status of settlement negotiations and, if necessary, proposing a schedule for filing of summary judgment motions. Signed by Judge John Garrett Penn on July 14, 2006.(lcjgp1) (Entered: 07/14/2006)
2006-07-2170STATUS REPORT and Proposed Briefing Schedule (Joint) by U.S. DEPARTMENT OF JUSTICE. (Goldfluss, Lisa) (Entered: 07/21/2006)
2006-08-0971ORDER setting schedule for settlement discussions and dispositive motions. See order for details. Signed by Judge John Garrett Penn on August 9, 2006. (lcjgp1) (Entered: 08/09/2006)
2006-08-10Set/Reset Deadlines: Parties may continue settlement discussions through 9/30/2006. Defendant Motion for Summary Judgment due by 10/31/2006. Plaintiffs Response to Motion for Summary Judgment due by 11/30/2006. Defendant Reply in support of its motion for summary judgment due by 1/2/2007. Plaintiffs Cross Motions for summary judgment due by 11/30/2006. Defendant Response to Cross Motions due by 1/2/2007. Plaintiffs Reply to Cross Motions due by 2/1/2007. (Entered: 08/10/2006)
2006-10-2372Consent MOTION to Amend/Correct Set/Reset Deadlines, Consent Motion to Amend Litigation Schedule by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Goldfluss, Lisa) (Entered: 10/23/2006)
2006-10-2773ORDER granting 72 Defendant's Consent Motion to Amend Litigation Schedule. Joint status report due on or before December 1, 2006. See order for details. Signed by Judge John Garrett Penn on October 27, 2006.(lcjgp1) Modified on 10/27/2006 (lcjgp1, ). (Entered: 10/27/2006)
2006-10-27Set/Reset Deadlines: Joint Status Report due by 12/1/2006. (adc) (Entered: 10/27/2006)
2006-11-2974NOTICE of Appearance by Charlotte A. Abel on behalf of U.S. DEPARTMENT OF JUSTICE (Abel, Charlotte) (Entered: 11/29/2006)
2006-12-0175STATUS REPORT and Proposed Schedule by FIELDING MCGEHEE, III, U.S. DEPARTMENT OF JUSTICE. (Abel, Charlotte) (Entered: 12/01/2006)
2006-12-1976ORDER extending the deadline for the submission of the joint status report to July 16, 2007. See Order for details. Signed by Judge John Garrett Penn on December 19, 2006. (lcjgp1) (Entered: 12/19/2006)
2006-12-19Set/Reset Deadlines: Status Report due by 7/16/2007. (adc) (Entered: 12/19/2006)
2007-07-1677STATUS REPORT by FIELDING MCGEHEE, III, U.S. DEPARTMENT OF JUSTICE. (Abel, Charlotte) (Entered: 07/16/2007)
2007-08-13MINUTE ORDER: The Court is in the process of reviewing a number of cases which have been pending, in some instances, for a considerable period of time. In order to assist the Court with this review, please advise by notice of ECF filing or by letter addressed to Chief Judge Thomas F. Hogans chambers at Room 4012, United States Courthouse, 333 Constitution Ave. N. W., Washington D.C. 20001, no later than September 5, 2007, whether this case has been resolved, become moot, is on appeal, or for any other reason should be closed. If the case should remain in active status, please provide a brief summary of the status of the case, including a listing of any pending motions and indicate as to each motion whether it has become moot or whether it is ripe and requires action by the court. You should include any other information regarding the case that will assist the Court in addressing the outstanding issues. If possible, the parties should submit a joint status report on ECF. If the plaintiff does not respond to this notice on or before September 5, 2007, or indicates that he or she is no longer interested in pursuing the case, the matter may be dismissed by the Court without prejudice. (Signed Chief Judge Thomas F. Hogan on 8/13/07). (Entered: 08/13/2007)
2007-08-13Set/Reset Deadlines: Status Report due by 9/5/2007. (cp, ) (Entered: 08/13/2007)
2007-09-0578STATUS REPORT by FIELDING MCGEHEE, III, U.S. DEPARTMENT OF JUSTICE. (Abel, Charlotte) (Entered: 09/05/2007)
2007-09-28Case Reassigned to Judge Unassigned until 10/16/07 after the conclusion of the CJRA Period.(jeb, ) (Entered: 10/10/2007)
2007-10-2479ORDER: The Parties shall file a further Status Report by November 1, 2007. Signed by Judge Gladys Kessler on 10/24/07. (CL, ) (Entered: 10/24/2007)
2007-10-2580Case Reassigned to Judge Gladys Kessler. Judge John G. Penn no longer assigned to the case. (jf, ) (Entered: 10/25/2007)
2007-11-0181Joint MOTION for Extension of Time to File Status Report by FIELDING MCGEHEE, III, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Abel, Charlotte) (Entered: 11/01/2007)
2007-11-07MINUTE ORDER granting 81 the Parties' Joint Motion for Extension of Time; the parties shall have up to and including November 8, 2007 in which to file a Joint Status Report. Signed by Judge Gladys Kessler on 11/7/07. (CL, ) (Entered: 11/07/2007)
2007-11-07Set/Reset Deadlines: Status Report due by 11/8/2007. (CL, ) (Entered: 11/07/2007)
2007-11-0882STATUS REPORT (Joint) by FIELDING MCGEHEE, III, U.S. DEPARTMENT OF JUSTICE. (Abel, Charlotte) (Entered: 11/08/2007)
2007-11-13MINUTE ORDER: The parties are hereby ordered to submit a Joint Status Report by December 20, 2007. Signed by Judge Gladys Kessler on 11/13/07. (CL, ) (Entered: 11/13/2007)
2007-11-13Set/Reset Deadlines: Status Report due by 12/20/2007. (CL, ) (Entered: 11/13/2007)
2007-12-2083STATUS REPORT by FIELDING MCGEHEE, III, U.S. DEPARTMENT OF JUSTICE. (Abel, Charlotte) (Entered: 12/20/2007)
2007-12-2784ORDER, that parties file further joint status report by 1/23/08. Signed by Judge Gladys Kessler on 12/27/07. (intgk4, ) (Entered: 12/27/2007)
2008-01-02Set/Reset Deadlines: Status Report due by 1/23/2008. (tth) (Entered: 01/02/2008)
2008-01-2385STATUS REPORT (Joint) by U.S. DEPARTMENT OF JUSTICE. (Abel, Charlotte) (Entered: 01/23/2008)
2008-02-2786STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Abel, Charlotte) (Entered: 02/27/2008)
2008-02-2787ORDER that the parties shall submit a further status report on the 30th of each month, beginning with March 30, 2008 and continuing thereafter every 30 days until this case is resolved. Signed by Judge Gladys Kessler on 2/27/08. (CL, ) (Entered: 02/27/2008)
2008-03-3188STATUS REPORT (Joint) by U.S. DEPARTMENT OF JUSTICE. (Abel, Charlotte) (Entered: 03/31/2008)
2008-04-02MINUTE ORDER: The parties shall submit a Joint Status Report by May 1, 2008. Signed by Judge Gladys Kessler on 4/2/08. (CL, ) (Entered: 04/02/2008)
2008-04-02Set/Reset Deadlines: Joint Status Report due by 5/1/2008 (CL, ) (Entered: 04/02/2008)
2008-05-0289STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Abel, Charlotte) (Entered: 05/02/2008)
2008-05-3090STATUS REPORT (Joint) by U.S. DEPARTMENT OF JUSTICE. (Abel, Charlotte) (Entered: 05/30/2008)
2008-06-3091Consent MOTION for Extension of Time to File Joint Status Report by FIELDING MCGEHEE, III (Lesar, James) (Entered: 06/30/2008)
2008-07-01ORDER granting, nunc pro tunc, 91 Plaintiffs' Consent Motion for Extension of Time; the parties shall have up to and including July 31, 2008 in which to file their Status Report. Signed by Judge Gladys Kessler on 7/1/08. (CL, ) (Entered: 07/01/2008)
2008-07-01Set/Reset Deadlines: Status Report due by 7/31/2008 (CL, ) (Entered: 07/01/2008)
2008-07-3092STATUS REPORT by FIELDING MCGEHEE, III, U.S. DEPARTMENT OF JUSTICE. (Abel, Charlotte) (Entered: 07/30/2008)
2008-07-31VACATED PURSUANT TO ORDER FILED 9/14/08.....MINUTE ORDER: The parties shall file a further Joint Status Report no later than September 15, 2008. Signed by Judge Gladys Kessler on 7/31/08. (CL, ) Modified on 9/16/2008 (tth). (Entered: 07/31/2008)
2008-07-31Set/Reset Deadlines: Status Report due by 9/15/2008 (CL, ) (Entered: 07/31/2008)
2008-09-0593NOTICE OF SUBSTITUTION OF COUNSEL by Andrea McBarnette on behalf of U.S. DEPARTMENT OF JUSTICE Substituting for attorney Charlotte A. Abel (McBarnette, Andrea) (Entered: 09/05/2008)
2008-09-1194Consent MOTION to Amend/Correct Order by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(McBarnette, Andrea) (Entered: 09/11/2008)
2008-09-14MINUTE ORDER granting 94 Defendant's Motion to Amend Scheduling Order; the Minute Order entered on July 31, 2008 is vacated; the parties shall file the next monthly Joint Status Report on or before October 15, 2008. Signed by Judge Gladys Kessler on 9/14/08. (CL, ) (Entered: 09/14/2008)
2008-09-14Set/Reset Deadlines: Joint Status Report due by 10/15/2008 (CL, ) (Entered: 09/14/2008)
2008-10-1595STATUS REPORT October 15, 2008 Joint Report by U.S. DEPARTMENT OF JUSTICE. (McBarnette, Andrea) (Entered: 10/15/2008)
2008-11-1796STATUS REPORT November 2008 Joint Report by U.S. DEPARTMENT OF JUSTICE. (McBarnette, Andrea) (Entered: 11/17/2008)
2008-12-09MINUTE ORDER: A Status Conference shall be held in this case on January 26, 2009 at 10:15 a.m. Signed by Judge Gladys Kessler on 12/9/08. (CL, ) (Entered: 12/09/2008)
2008-12-09Set/Reset Hearings: Status Conference set for 1/26/2009 10:15 AM in Courtroom 26A before Judge Gladys Kessler. (CL, ) (Entered: 12/09/2008)
2008-12-1597STATUS REPORT Joint Party Filing by U.S. DEPARTMENT OF JUSTICE. (McBarnette, Andrea) (Entered: 12/15/2008)
2008-12-16NOTICE OF ERROR re 97 Status Report; emailed to andrea.mcbarnette@usdoj.gov, cc'd 5 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect document/case, 2. Please refile document, 3. Counsel is missing signature page of document (tr, ) (Entered: 12/16/2008)
2008-12-1698ERRATA by U.S. DEPARTMENT OF JUSTICE 97 Status Report filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Supplement Joint Status Report and Proposed Schedule)(McBarnette, Andrea) (Entered: 12/16/2008)
2009-01-2299STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (McBarnette, Andrea) (Entered: 01/22/2009)
2009-01-22100ERRATA by U.S. DEPARTMENT OF JUSTICE 99 Status Report filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit January 2009 Status Report)(McBarnette, Andrea) (Entered: 01/22/2009)
2009-01-26Minute Entry for proceedings held before Judge Gladys Kessler: Status Conference held on 1/26/2009. See Order filed 1/27/09 for hearing details. (Court Reporter Susan Tyner.) (tth) (Entered: 01/27/2009)
2009-01-27101ORDER: The parties shall submit by February 10, 2009, a Joint Status Report; by January 28, 2009, Plaintiffs shall, if they so desire, move the Court to enter a 120-day stay in the case; by June 1, 2009, Defendant shall submit a Status Report indicating the status of any FOIA policy change (see Order for more details). Signed by Judge Gladys Kessler on 1/27/09. (CL, ) (Entered: 01/27/2009)
2009-01-27Set/Reset Deadlines: Joint Status Report due by 2/10/2009; Defendant's Status Report due by 6/1/2009 (CL, ) (Entered: 01/27/2009)
2009-01-28102Unopposed MOTION to Stay Proceedings with Regard to RMUR Materials by FIELDING MCGEHEE, III (Attachments: # 1 Exhibit Att. 1--President Obama's Executive order, # 2 Exhibit Att. 2--Dec. 26, 2007 letter, Lesar-AUSA Abel)(Lesar, James) (Entered: 01/28/2009)
2009-01-29MINUTE ORDER granting 102 Plaintiffs' Unopposed Motion for a Stay; this case is hereby stayed for 120 days. Signed by Judge Gladys Kessler on 1/29/09. (CL, ) (Entered: 01/29/2009)
2009-02-10103STATUS REPORT by Both PARTIES by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A)(McBarnette, Andrea) (Entered: 02/10/2009)
2009-02-11MINUTE ORDER: The parties shall submit a further Joint Status Report by February 25, 2009. Signed by Judge Gladys Kessler on 2/11/09. (CL, ) (Entered: 02/11/2009)
2009-02-11Set/Reset Deadlines: Joint Status Report due by 2/25/2009 (CL, ) (Entered: 02/11/2009)
2009-02-18104STATUS REPORT by Both Parties by U.S. DEPARTMENT OF JUSTICE. (McBarnette, Andrea) (Entered: 02/18/2009)
2009-06-01105STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (McBarnette, Andrea) (Entered: 06/01/2009)
2009-09-08MINUTE ORDER: A Status Conference in this case is hereby set for September 22, 2009 at 10:15 a.m. Signed by Judge Gladys Kessler on 9/8/09. (CL, ) (Entered: 09/08/2009)
2009-09-08Set/Reset Hearings: Status Conference set for 9/22/2009 10:15 AM in Courtroom 26A before Judge Gladys Kessler. (CL, ) (Entered: 09/08/2009)
2009-09-08106MOTION to Withdraw as Attorney by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Cohen, Vincent) (Entered: 09/08/2009)
2009-09-08107Consent MOTION for Extension of Time to Reschedule Status Conference by FIELDING MCGEHEE, III (Lesar, James) (Entered: 09/08/2009)
2009-09-09ORDER granting 106 the Motion to Withdraw as Attorney. Attorney Vincent H. Cohen, Jr terminated. Signed by Judge Gladys Kessler on 9/9/09. (CL, ) (Entered: 09/09/2009)
2009-09-09MINUTE ORDER granting 107 Plaintiffs' Consent Motion to Reschedule Status Conference; the Status Conference now set for September 22, 2009, is hereby rescheduled for September 30, 2009, at 10:30 a.m. Signed by Judge Gladys Kessler on 9/9/09. (CL, ) (Entered: 09/09/2009)
2009-09-09Set/Reset Hearings: Status Conference set for 9/30/2009 10:30 AM in Courtroom 26A before Judge Gladys Kessler. (CL, ) (Entered: 09/09/2009)
2009-09-30MINUTE ORDER: Due to illness of the Court, the Status Conference scheduled for September 30, 2009, is hereby cancelled; the Court will reschedule this Status Conference at a later date. Signed by Judge Gladys Kessler on 9/30/09. (CL, ) (Entered: 09/30/2009)
2009-09-30Set/Reset Hearings: Status Conference reset for 10/8/2009 at 10:15 AM in Courtroom 26A before Judge Gladys Kessler. If this is not convenient for the parties, they should file with the Court a motion for continuance. (tth) (Entered: 09/30/2009)
2009-10-08Minute Entry for proceedings held before Judge Gladys Kessler: Status Conference held on 10/8/2009. Order to be presented setting forth deadlines. (Court Reporter Catalina Kerr) (tth) (Entered: 10/08/2009)
2009-10-08108ORDER: The Government shall submit by November 1, 2009, a Vaughn Index; the parties shall submit by November 15, 2009, a Joint Status Report (see Order for details). Signed by Judge Gladys Kessler on 10/8/09. (CL, ) (Entered: 10/08/2009)
2009-10-08Set/Reset Deadlines: Status Report due by 11/15/2009. Vaughn Index due from Government no later than 11/1/2009 (CL, ) (Entered: 10/08/2009)
2009-11-02109NOTICE of Filing Vaughn Index by U.S. DEPARTMENT OF JUSTICE (McBarnette, Andrea) (Entered: 11/02/2009)
2009-11-02110Vaughn Index from FBI. (Attachments: # 1 Exhibit Part 1, # 2 Exhibit Part 2, # 3 Exhibit Part 3, # 4 Exhibit Part 4, # 5 Exhibit Part 5, # 6 Exhibit Part 6, # 7 Exhibit Part 7, # 8 Exhibit Part 8, # 9 Exhibit Part 9, # 10 Exhibit Part 10, # 11 Exhibit Part 11, # 12 Exhibit Part 12, # 13 Exhibit 13)(McBarnette, Andrea) (Entered: 11/02/2009)
2009-11-16111STATUS REPORT Joint Status Report by U.S. DEPARTMENT OF JUSTICE. (McBarnette, Andrea) (Entered: 11/16/2009)
2009-11-18112ORDER: The Parties shall file a further Joint Status Report no later than January 11, 2010. Signed by Judge Gladys Kessler on 11/18/09. (CL, ) (Entered: 11/18/2009)
2009-11-18Set/Reset Deadlines: Joint Status Report due by 1/11/2010 (tth) (Entered: 12/03/2009)
2010-01-08113STATUS REPORT - Joint Report by U.S. DEPARTMENT OF JUSTICE. (McBarnette, Andrea) (Entered: 01/08/2010)
2010-01-11MINUTE ORDER: The Parties shall file a further Joint Status Report by March 11, 2010. Signed by Judge Gladys Kessler on 1/11/10. (CL, ) (Entered: 01/11/2010)
2010-01-11Set/Reset Deadlines: Status Report due by 3/11/2010 (CL, ) (Entered: 01/11/2010)
2010-03-11114STATUS REPORT Joint March 2010 by U.S. DEPARTMENT OF JUSTICE. (McBarnette, Andrea) (Entered: 03/11/2010)
2010-04-05115STATUS REPORT Joint - April 2010 by U.S. DEPARTMENT OF JUSTICE. (McBarnette, Andrea) (Entered: 04/05/2010)
2010-04-06116ORDER: Status Report shall be filed May 21, 2010; Status Conference scheduled for May 25, 2010, at 10:00 a.m. Signed by Judge Gladys Kessler on 4/6/10. (lcgk2, ) (Entered: 04/06/2010)
2010-04-06Set/Reset Deadlines/Hearings: Status Report due by 5/21/2010. Status Conference set for 5/25/2010 at 10:00 AM in Courtroom 26A before Judge Gladys Kessler. (tth) (Entered: 04/06/2010)
2010-05-20117STATUS REPORT Joint - May 2010 by U.S. DEPARTMENT OF JUSTICE. (McBarnette, Andrea) (Entered: 05/20/2010)
2010-05-25118ORDER: The Parties shall file a Status Report by June 18, 2010; a further Status Conference is scheduled for June 21, 2010, at 10:00 a.m. Signed by Judge Gladys Kessler on 5/25/10. (CL, ) (Entered: 05/25/2010)
2010-05-25Set/Reset Deadlines/Hearings: Status Report due by 6/18/2010. Status Conference set for 6/21/2010 10:00 AM in Courtroom 26A before Judge Gladys Kessler. (CL, ) (Entered: 05/25/2010)
2010-05-25Minute Entry for proceedings held before Judge Gladys Kessler: Status Conference held on 5/25/2010. (Court Reporter Lisa Griffith.) (tth) (Entered: 05/25/2010)
2010-05-26119ENTERED IN ERROR.....NOTICE of Filing by FIELDING MCGEHEE, III (Lesar, James) Modified on 5/27/2010 (dr). (Entered: 05/26/2010)
2010-05-26120ENTERED IN ERROR.....NOTICE of Filing Corrected Notice of Filing by FIELDING MCGEHEE, III (Lesar, James) Modified on 5/27/2010 (dr). (Entered: 05/26/2010)
2010-05-27NOTICE OF CORRECTED DOCKET ENTRY: re 120 Notice (Other), 119 Notice (Other) was entered in error, and counsel is instructed to refile all pages of the pleading in the correct case. Please make sure the case number on the document corresponds with the case number in which you are filing. (dr) (Entered: 05/27/2010)
2010-05-27121NOTICE of Filing of Explanation by FIELDING MCGEHEE, III (Lesar, James) (Entered: 05/27/2010)
2010-06-07MINUTE ORDER: The Status Conference now set for June 21, 2010, is hereby rescheduled for Monday, June 28, 2010, at 10:15 a.m. Signed by Judge Gladys Kessler on 6/7/10. (CL, ) (Entered: 06/07/2010)
2010-06-07Set/Reset Hearings: Status Conference set for 6/28/2010 10:15 AM in Courtroom 26A before Judge Gladys Kessler. (CL, ) (Entered: 06/07/2010)
2010-06-18122STATUS REPORT June 2010 by U.S. DEPARTMENT OF JUSTICE. (McBarnette, Andrea) (Entered: 06/18/2010)
2010-06-28Minute Entry for proceedings held before Judge Gladys Kessler: Status Conference held on 6/28/2010. Scheduling Order to be issued. (Court Reporter Susan Tyner) (ad) (Entered: 06/28/2010)
2010-06-28123ORDER: Defendant shall produce a Vaughn Index by June 29, 2010; Defendant's Motion for Summary Judgment is due on August 1, 2010, Plaintiffs' Opposition and Cross-Motion are due on September 1, 2010, Defendant's Reply and Opposition are due on October 1, 2010, and Plaintiffs' Reply is due October 15, 2010. Signed by Judge Gladys Kessler on 6/28/10. (CL, ) (Entered: 06/28/2010)
2010-06-28Set/Reset Deadlines: Cross Motions due by 9/1/2010. Response to Cross Motions due by 10/1/2010. Reply to Cross Motions due by 10/15/2010. Summary Judgment motions due by 8/1/2010. Response to Motion for Summary Judgment due by 9/1/2010. Reply to Motion for Summary Judgment due by 10/1/2010. (CL, ) (Entered: 06/28/2010)
2010-06-29124Vaughn Index from Defendant. (McBarnette, Andrea) (Entered: 06/29/2010)
2010-06-30125NOTICE of Filing of Exhibits by U.S. DEPARTMENT OF JUSTICE re 124 Vaughn Index (Attachments: # 1 Exhibit A-T, # 2 Exhibit U 1of 6, # 3 Exhibit U 2of 6, # 4 Exhibit U 3of 6, # 5 Exhibit U 4of 6, # 6 Exhibit U 5of 6, # 7 Exhibit U 6of 6)(McBarnette, Andrea) (Entered: 06/30/2010)
2010-08-02126Second MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Affidavit CIA Declaration)(McBarnette, Andrea) (Entered: 08/02/2010)
2010-08-28127Unopposed MOTION for Extension of Time to Respond to Defendant's Second Motion for Summary Judgment by FIELDING MCGEHEE, III (Lesar, James) (Entered: 08/28/2010)
2010-08-30MINUTE ORDER granting 127 Plaintiffs' Unopposed Motion for Extension of Time; Plaintiffs shall have up to and including September 8, 2010, in which to file their Response to Defendant's Second Motion for Summary Judgment; Defendant's opposition/reply shall be due on or before October 8, 2010, and Plaintiffs' reply thereto shall be due on or before October 22, 2010. Signed by Judge Gladys Kessler on 8/30/10. (CL, ) (Entered: 08/30/2010)
2010-08-30Set/Reset Deadlines: Responses due by 9/8/2010 Replies due by 10/8/2010. (CL, ) (Entered: 08/30/2010)
2010-09-07128Unopposed MOTION for Extension of Time to Respond to Defendant's Second Motion for Summary Judgment by FIELDING MCGEHEE, III (Lesar, James) (Entered: 09/07/2010)
2010-09-08MINUTE ORDER granting 128 Plaintiffs' Unopposed Motion for Extension of Time; Plaintiffs shall have up to and including September 15, 2010, in which to file their Response to Defendant's Second Motion for Summaary Judgment; Defendants' opposition/reply shall be due no later than October 15, 2010; and Plaintiffs' reply shall be due on or before October 29, 2010. Signed by Judge Gladys Kessler on 9/8/10. (CL, ) (Entered: 09/08/2010)
2010-09-08Set/Reset Deadlines: Plaintiffs' Response due by 9/15/2010 Defendant's Reply/opposition due by 10/15/2010. Plaintiffs' Reply due by 10/29/2010. (CL, ) (Entered: 09/08/2010)
2010-09-14129Unopposed MOTION for Extension of Time to Respond to Defendant's Second Motion for Summary Judgment by FIELDING MCGEHEE, III (Lesar, James) (Entered: 09/14/2010)
2010-09-15MINUTE ORDER granting 129 Plaintiffs' Unopposed Motion for Extension of Time; Plaintiffs shall have up to and including September 20, 2010, in which to respond to Defendant's Second Motion for Summary Judgment; Defendant's opposition/reply shall be due on or before October 22, 2010, and Plaintiffs' reply shall be due no later than November 5, 2010. Signed by Judge Gladys Kessler on 9/15/10. (CL, ) (Entered: 09/15/2010)
2010-09-15Set/Reset Deadlines: Response to Second Motion for Summary Judgment due by 9/20/2010. Opposition/Reply to Second Motion for Summary Judgment due by 10/22/2010. Reply to Second Motion for Summary Judgment due by 11/5/2010. (CL, ) (Entered: 09/15/2010)
2010-09-22130Unopposed MOTION for Leave to File Plaintiffs' Second Cross-Motion for Summary Judgment Out-of-Time by FIELDING MCGEHEE, III (Attachments: # 1 Memorandum in Support Plaintiffs' Second Cross-Motion for Summary Judgment, # 2 Text of Proposed Order Proposed Order, # 3 Statement of Facts Local Rule 7.1(h) Statement, # 4 Affidavit Secon McGehee Declaration, # 5 Affidavit Lesar Decl., # 6 Exhibit Att. A to Memo P & A, # 7 Exhibit Att. B to Memo P & A, # 8 Exhibit Att. C to Memo P & A, # 9 Exhibit Att. D to Memo P & A, # 10 Exhibit Att. E to Memo P & A, # 11 Exhibit Att. F-1 to Memo P & A, # 12 Exhibit Att. F-2 to Memo P & A, # 13 Exhibit Att. G-1 to Memo P & A, # 14 Exhibit Att. G-2 to Memo P & A, # 15 Exhibit Att. H-1 to Memo P & A, # 16 Exhibit Att. H-2 to Memo P & A)(Lesar, James) (Entered: 09/22/2010)
2010-09-22MINUTE ORDER granting 130 Plaintiffs' Motion for Leave to File Second Cross-Motion for Summary Judgment Out of Time. Signed by Judge Gladys Kessler on 9/22/10. (CL, ) (Entered: 09/22/2010)
2010-09-22Set/Reset Deadlines: Defendant's Opposition/reply due by 10/24/2010. Plaintiffs' reply due by 11/7/2010 (CL, ) (Entered: 09/22/2010)
2010-09-22131NOTICE of Filing of Attachmes 1 and 2 by FIELDING MCGEHEE, III (Attachments: # 1 Exhibit Attachment 1, Keenan v. DOJ, Mem. Op. (Mar. 24,1997), # 2 Exhibit Att. 2--Meenan v.DOJ, Mem. Op. (Dec. 16, 1997))(Lesar, James) (Entered: 09/22/2010)
2010-09-22132Second CROSS-MOTION for Summary Judgment by FIELDING MCGEHEE, III (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order, # 3 Declaration McGehee (Second), # 4 Declaration James Leser, # 5 Exhibit 1, # 6 Exhibit 2, # 7 Exhibit A, # 8 Exhibit B, # 9 Exhibit C, # 10 Exhibit D, # 11 Exhibit E, # 12 Exhibit F-1, # 13 Exhibit F-2, # 14 Exhibit G-1, # 15 Exhibit G-2, # 16 Exhibit H-1, # 17 Exhibit H-2)(dr) (Entered: 09/23/2010)
2010-09-22133Memorandum in opposition to re 126 MOTION for Summary Judgment filed by FIELDING MCGEHEE, III. (See Docket Entry 132 to view document). (dr) (Entered: 09/23/2010)
2010-10-14134Consent MOTION for Extension of Time to by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(McBarnette, Andrea) (Entered: 10/14/2010)
2010-10-20MINUTE ORDER granting 134 the Consent Motion for Extension of Time; Defendant shall file its Reply in Support of Its Motion for Summary Judgment no later than December 5, 2010. Signed by Judge Gladys Kessler on 10/20/10. (CL, ) (Entered: 10/20/2010)
2010-10-20Set/Reset Deadlines: Replies due by 12/5/2010. (CL, ) (Entered: 10/20/2010)
2010-12-01135Consent MOTION for Extension of Time to File Reply and Response by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(McBarnette, Andrea) (Entered: 12/01/2010)
2010-12-02MINUTE ORDER granting 135 Defendant's Motion for Extension of Time; Defendant shall have up to and including January 31, 2011, in which to file their reply in support of its moption for summary judgment and to oppose Plaintiffs' cross-motion. Signed by Judge Gladys Kessler on 12/2/10. (CL, ) (Entered: 12/02/2010)
2010-12-02Set/Reset Deadlines: Replies due by 1/31/2011. (CL, ) (Entered: 12/02/2010)
2011-01-26136Consent MOTION for Extension of Time to File Opposition and Reply by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(McBarnette, Andrea) (Entered: 01/26/2011)
2011-01-31MINUTE ORDER granting 136 the Consent Motion for Extension of Time; Defendant shall file an opposition/reply (re Motions for Summary Judgment) by February 28, 2011; Plaintiffs' response is due on March 31, 2011. Signed by Judge Gladys Kessler on 1/31/11. (CL, ) (Entered: 01/31/2011)
2011-01-31Set/Reset Deadlines: Response to Cross Motions due by 2/28/2011. Reply to Cross Motions due by 3/31/2011. Reply to Motion for Summary Judgment due by 2/28/2011. (CL, ) (Entered: 01/31/2011)
2011-02-23137Unopposed MOTION for Extension of Time to File Opposition and Reply by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(McBarnette, Andrea) (Entered: 02/23/2011)
2011-02-23MINUTE ORDER granting 137 the Unopposed Motion for Extension of Time; Defendant shall have up to and including March 15, 2011, in which to file its opposition to Plaintiffs' Cross-Motion for Summary Judgment and to file a reply in support of its Motion for Summary Judgment. Signed by Judge Gladys Kessler on 2/23/11. (CL, ) (Entered: 02/23/2011)
2011-02-23Set/Reset Deadlines: Response to Cross Motions due by 3/15/2011. Reply to Motion for Summary Judgment due by 3/15/2011. (CL, ) (Entered: 02/23/2011)
2011-03-15138MOTION for Extension of Time to File Opposition / Reply by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(McBarnette, Andrea) (Entered: 03/15/2011)
2011-03-15MINUTE ORDER granting 138 the Motion for Extension of Time; Defendant shall have up to and including March 18, 2011, to file an Opposition to Plaintiff's Cross-Motion and Reply in Support of Defendant's Motion for Summary Judgment. Signed by Judge Gladys Kessler on 3/15/11. (CL, ) (Entered: 03/15/2011)
2011-03-15Set/Reset Deadlines: Response to Cross Motions due by 3/18/2011. Reply to Motion for Summary Judgment due by 3/18/2011. (CL, ) (Entered: 03/15/2011)
2011-03-18139Consent MOTION for Extension of Time to File opposition / reply by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(McBarnette, Andrea) (Entered: 03/18/2011)
2011-03-21MINUTE ORDER granting 139 the Consent Motion for Extension of Time; Defendant shall have up to and including March 25, 2011, in which to file an opposition/reply. Signed by Judge Gladys Kessler on 3/21/11. (CL, ) (Entered: 03/21/2011)
2011-03-21Set/Reset Deadlines: Responses due by 3/25/2011 (CL, ) (Entered: 03/21/2011)
2011-03-25140Memorandum in opposition to re 132 MOTION for Summary Judgment, filed by U.S. DEPARTMENT OF JUSTICE. (McBarnette, Andrea) Modified on 3/28/2011 to edit text and relationship (dr). (Entered: 03/25/2011)
2011-03-25141REPLY to opposition to motion re 126 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (See Docket Entry 140 to view document. (dr) (Entered: 03/28/2011)
2011-03-28142NOTICE of Filing of Exhibits by U.S. DEPARTMENT OF JUSTICE re 140 Memorandum in Opposition, and 141 REPLY to opposition to motion , (Attachments: # 1 Exhibit A - U, # 2 Exhibit V part 1, # 3 Exhibit V part 2, # 4 Exhibit W part 1, # 5 Exhibit W part 2, # 6 Exhibit W part 3, # 7 Exhibit W part 4, # 8 Exhibit W part 5, # 9 Exhibit W part 6, # 10 Exhibit W part 7, # 11 Declaration Hardy)(McBarnette, Andrea) (Entered: 03/28/2011)
2011-04-01143Unopposed MOTION for Extension of Time to to Reply to Defendant's Opposition to Plaintiffs' Renewed Cross-Motion for Summary Judgment by FIELDING MCGEHEE, III (Lesar, James) (Entered: 04/01/2011)
2011-04-04MINUTE ORDER granting 143 Plaintiffs' Unopposed Motion for Extension of Time; Plaintiff shall have up to and including April 19, 2011, in which to file their Reply to Defendant's Opposition to their Renewed Cross-Motion for Summary Judgment. Signed by Judge Gladys Kessler on 4/4/11. (CL, ) (Entered: 04/04/2011)
2011-04-04Set/Reset Deadlines: Replies due by 4/19/2011. (CL, ) (Entered: 04/04/2011)
2011-04-19144Unopposed MOTION for Extension of Time to Reply to Def's Opp. by FIELDING MCGEHEE, III (Lesar, James) (Entered: 04/19/2011)
2011-04-19MINUTE ORDER granting 144 Plaintiffs' Unopposed Motion for Extension of Time; Plaintiffs shall have up to and including April 26, 2011, in which to reply to Defendant's Opposition to their Renewed Cross-Motion for Summary Judgment. Signed by Judge Gladys Kessler on 4/18/11. (CL, ) (Entered: 04/19/2011)
2011-04-19Set/Reset Deadlines: Reply to Cross Motions due by 4/26/2011. (CL, ) (Entered: 04/19/2011)
2011-04-27145Unopposed MOTION for Extension of Time to Reply to Defendant's Oppositoin to Second Cross-Motion for Summary Judgment by FIELDING MCGEHEE, III (Lesar, James) (Entered: 04/27/2011)
2011-04-27ORDER granting 145 Motion for Extension of Time to Reply to Defendant's Opposition to Plaintiffs' Second Cross-Motion for Summary Judgment. Plaintiffs shall have until May 2, 2011 to file a Reply. Signed by Judge Gladys Kessler on 4/27/11 (lcgk3, ) (Entered: 04/27/2011)
2011-04-27Set/Reset Deadlines: Plaintiffs' Reply to Second Cross-Motion for Summary Judgment due by 5/2/2011. (tth) (Entered: 04/27/2011)
2011-05-06146MOTION for Leave to File Reply to Defendants' Opposition to Second cross-Motion for Summary Judgment by FIELDING MCGEHEE, III (Attachments: # 1 Memorandum in Support Reply to Defendants' Opposition to Plaintiffs' Second Cross-Motioin for Summary Judgment, # 2 Affidavit Third Declaration of Fielding M. McGehee, III)(Lesar, James) (Entered: 05/06/2011)
2011-05-06MINUTE ORDER granting 146 Plaintiffs' Unopposed Motion for Leave to File Out-of-Time. Signed by Judge Gladys Kessler on 5/6/11. (CL, ) (Entered: 05/06/2011)
2011-05-06147REPLY to opposition to motion re 132 MOTION for Summary Judgment filed by FIELDING MCGEHEE, III. (Attachments: # 1 Declaration of Fielding McGehee, III)(dr) (Entered: 05/09/2011)
2011-08-05148ORDER granting in part and denying in part 126 Defendant's Motion for Summary Judgment; and granting in part and denying in part 132 Plaintiffs' Motion for Summary Judgment; Defendant shall file an updated Vaughn Index in conformity with the accommpanying Memorandum Opinion; Defendant shall file a Praecipe, no later than September 15, 2011, informing the Court of when it expects to file its Vaughn Index. Signed by Judge Gladys Kessler on 8/5/11. (CL, ) (Entered: 08/05/2011)
2011-08-05149MEMORANDUM OPINION to the Order granting in part and denying in part the Motions for Summary Judgment. Signed by Judge Gladys Kessler on 8/5/11. (CL, ) (Entered: 08/05/2011)
2011-08-05Set/Reset Deadlines: Praecipe due by 9/15/2011 (CL, ) (Entered: 08/05/2011)
2011-08-22150NOTICE OF SUBSTITUTION OF COUNSEL by Tricia D. Francis on behalf of All Defendants Substituting for attorney Andrea McBarnette (Francis, Tricia) (Entered: 08/22/2011)
2011-09-15151STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration)(Francis, Tricia) (Entered: 09/15/2011)
2011-11-01152NOTICE OF SUBSTITUTION OF COUNSEL by Andrea McBarnette on behalf of All Defendants (McBarnette, Andrea) Modified on 11/2/2011 to edit event used (dr). (Entered: 11/01/2011)
2012-03-16153ORDER: The Government shall file a Status Report no later than April 1, 2012. Signed by Judge Gladys Kessler on 3/16/12. (CL, ) (Entered: 03/16/2012)
2012-03-16Set/Reset Deadlines: Status Report due by 4/1/2012 (CL, ) (Entered: 03/16/2012)
2012-03-30154STATUS REPORT March 2012 by U.S. DEPARTMENT OF JUSTICE. (McBarnette, Andrea) (Entered: 03/30/2012)
2012-05-14155Consent MOTION for Extension of Time to Extend Briefing Schedule by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(McBarnette, Andrea) (Entered: 05/14/2012)
2012-05-14156ENTERED IN ERROR.....NOTICE of ERRATA by U.S. DEPARTMENT OF JUSTICE re 155 Consent MOTION for Extension of Time to Extend Briefing Schedule (McBarnette, Andrea) Modified on 5/15/2012 (dr). (Entered: 05/14/2012)
2012-05-15NOTICE OF CORRECTED DOCKET ENTRY: re 156 Notice (Other) was entered in error and counsel is instructed to refile said pleading as a NOTICE OF WITHDRAW. (dr) (Entered: 05/15/2012)
2012-05-16157NOTICE OF WITHDRAWAL OF MOTION by U.S. DEPARTMENT OF JUSTICE re 156 Notice (Other), 155 Consent MOTION for Extension of Time to Extend Briefing Schedule , Notice of Corrected Docket Entry (McBarnette, Andrea) (Entered: 05/16/2012)
2012-05-18158STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration)(McBarnette, Andrea) (Entered: 05/18/2012)
2012-05-21159ORDER that Defendant shall file a further Status Report no later than June 7, 2012. Signed by Judge Gladys Kessler on 5/21/12. (CL, ) (Entered: 05/21/2012)
2012-05-21Set/Reset Deadlines: Status Report due by 6/7/2012 (CL, ) (Entered: 05/21/2012)
2012-06-07160STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (McBarnette, Andrea) (Entered: 06/07/2012)
2012-06-07161ORDER that Defendant shall file a further Status Report no later than August 7, 2012. Signed by Judge Gladys Kessler on 6/7/12. (CL, ) (Entered: 06/07/2012)
2012-06-07Set/Reset Deadlines: Status Report due by 8/7/2012 (CL, ) (Entered: 06/07/2012)
2012-07-05162ORDER: The Parties are to file a Joint Status Report no later than July 20, 2012, indicating whether this case can be closed and, if not, what remains to be done. Signed by Judge Gladys Kessler on 7/5/2012. (CL, ) (Entered: 07/05/2012)
2012-07-05Set/Reset Deadlines: Joint Status Report due by 7/20/2012 (CL, ) (Entered: 07/05/2012)
2012-07-20163STATUS REPORT Joint by U.S. DEPARTMENT OF JUSTICE. (McBarnette, Andrea) (Entered: 07/20/2012)
2012-07-23164ORDER that Plaintiffs are to submit their representative sample of documents to Defendant no later than August 7, 2012; Defendant is to submit its Vaughn Index no later than September 17, 2012; the Parties are to submit a further Joint Status Report, with a briefing schedule, no later than September 17, 2012; given that this case is now 11 years old, there will be no continuances granted. Signed by Judge Gladys Kessler on 7/23/12. (CL, ) (Entered: 07/23/2012)
2012-07-23Set/Reset Deadlines: Plaintiffs' representative sample of documents due to Defendant by 8/7/2012. Joint Status Report due by 9/17/2012. Vaughn Index due by 9/17/2012. (CL) (Entered: 07/23/2012)
2012-09-17165STATUS REPORT - Joint by U.S. DEPARTMENT OF JUSTICE. (McBarnette, Andrea) (Entered: 09/17/2012)
2012-09-17166ORDER that the parties shall submit a further Joint Status Report no later than October 17, 2012. Signed by Judge Gladys Kessler on 9/17/12. (CL, ) (Entered: 09/17/2012)
2012-09-17Set/Reset Deadlines: Joint Status Report due by 10/17/2012 (CL, ) (Entered: 09/17/2012)
2012-09-17167NOTICE of Tenth Declaration of David M. Hardy . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 C2)(McBarnette, Andrea) Modified on 9/18/2012 to edit event and text (dr). (Entered: 09/17/2012)
2012-09-25168NOTICE of Filing Supplement to Exhibit C of the Vaughn Declaration of David M. Hardy by U.S. DEPARTMENT OF JUSTICE re 167 Vaughn Index (Attachments: # 1 Exhibit 3, # 2 Exhibit 4, # 3 Exhibit 5)(McBarnette, Andrea) (Entered: 09/25/2012)
2012-10-17169STATUS REPORT Joint by U.S. DEPARTMENT OF JUSTICE. (McBarnette, Andrea) (Entered: 10/17/2012)
2012-10-18170ORDER that the parties shall file a further Joint Status Report no later than December 3, 2012. Signed by Judge Gladys Kessler on 10/18/12. (CL, ) (Entered: 10/18/2012)
2012-10-18Set/Reset Deadlines: Joint Status Report due by 12/3/2012 (CL, ) (Entered: 10/18/2012)
2012-12-03171STATUS REPORT Joint by U.S. DEPARTMENT OF JUSTICE. (McBarnette, Andrea) (Entered: 12/03/2012)
2013-02-04172ENTERED IN ERROR.....STATUS REPORT - Joint by U.S. DEPARTMENT OF JUSTICE. (McBarnette, Andrea) Modified on 2/4/2013 (znmw, ). (Entered: 02/04/2013)
2013-02-04NOTICE OF ERROR re 172 Status Report; emailed to andrea.mcbarnette@usdoj.gov, cc'd 7 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect document/case, 2. Please refile document (znmw, ) (Entered: 02/04/2013)
2013-02-04173STATUS REPORT - Joint by U.S. DEPARTMENT OF JUSTICE. (McBarnette, Andrea) (Entered: 02/04/2013)
2013-04-04174STATUS REPORT Joint by U.S. DEPARTMENT OF JUSTICE. (McBarnette, Andrea) (Entered: 04/04/2013)
2013-04-05MINUTE ORDER: A further Joint Status Report shall have filed no later than June 4, 2013. Signed by Judge Gladys Kessler on 4/5/13. (CL, ) (Entered: 04/05/2013)
2013-04-05Set/Reset Deadline: Joint Status Report due by 6/4/2013 (tth) (Entered: 04/05/2013)
2013-06-04175STATUS REPORT by FIELDING MCGEHEE, III. (Lesar, James) (Entered: 06/04/2013)
2013-06-05176ORDER that the Parties shall file a further Joint Status Report no later than August 5, 2013. Signed by Judge Gladys Kessler on 6/5/13. (CL, ) (Entered: 06/05/2013)
2013-06-05Set/Reset Deadlines: Status Report due by 8/5/2013 (CL, ) (Entered: 06/05/2013)
2013-07-22177NOTICE of Change of Address by James H. Lesar (Lesar, James) (Entered: 07/22/2013)
2013-08-07178STATUS REPORT - Joint by U.S. DEPARTMENT OF JUSTICE. (McBarnette, Andrea) (Entered: 08/07/2013)
2013-08-07MINUTE ORDER: A further Joint Status Report shall be filed no later than September 13, 2013. Signed by Judge Gladys Kessler on 08/07/2013. (lcgk2, ) (Entered: 08/07/2013)
2013-08-09Set/Reset Deadline: Joint Status Report due by 9/13/2013 (tth) (Entered: 08/09/2013)
2013-09-18179STATUS REPORT Joint by U.S. DEPARTMENT OF JUSTICE. (McBarnette, Andrea) (Entered: 09/18/2013)
2013-09-18180ORDER that the Parties shall file a further Joint Status Report, or a proposed briefing schedule, no later than November 18, 2013. Signed by Judge Gladys Kessler on 9/18/13. (CL, ) (Entered: 09/18/2013)
2013-09-18Set/Reset Deadlines: Status Report due by 11/18/2013 (CL, ) (Entered: 09/18/2013)
2013-11-26181ORDER that the Parties shall file a Joint Status Report, or a proposed briefing schedule, no later than December 2, 2013, at 5:00 p.m. Signed by Judge Gladys Kessler on 11/26/13. (CL, ) (Entered: 11/26/2013)
2013-11-26Set/Reset Deadlines: Joint Status Report due on 12/2/2013 by 5:00 p.m. (CL, ) (Entered: 11/26/2013)
2013-11-26182STATUS REPORT - Joint by U.S. DEPARTMENT OF JUSTICE. (McBarnette, Andrea) (Entered: 11/26/2013)
2013-11-27183ORDER: Upon consideration of the Parties' Joint Status Report filed November 26, 2013, the Parties shall submit a further Joint Status Report no later than January 17, 2014. Signed by Judge Gladys Kessler on 11/27/13. (CL, ) (Entered: 11/27/2013)
2013-11-27Set/Reset Deadlines: Joint Status Report due by 1/17/2014 (CL, ) (Entered: 11/27/2013)
2014-01-17184STATUS REPORT - Joint by U.S. DEPARTMENT OF JUSTICE. (McBarnette, Andrea) (Entered: 01/17/2014)
2014-01-22MINUTE ORDER that the Parties shall file a further Joint Status Report no later than March 1, 2014. Signed by Judge Gladys Kessler on 1/22/14. (CL, ) (Entered: 01/22/2014)
2014-01-23Set/Reset Deadlines: Status Report due by 3/1/2014 (tth) (Entered: 01/23/2014)
2014-03-05185ORDER: The Parties were ordered to file a further Joint Status Report or a proposed briefing schedule no later than March 1, 2014; nothing was filed; therefore, the Parties shall file a Joint Status Report, or a proposed briefing schedule, no later than March 10, 2014, at 4:00 p.m. Signed by Judge Gladys Kessler on 3/5/14. (CL, ) (Entered: 03/05/2014)
2014-03-06186STATUS REPORT Joint by U.S. DEPARTMENT OF JUSTICE. (McBarnette, Andrea) (Entered: 03/06/2014)
2014-03-06187ORDER: Upon consideration of the Parties Joint Status Report, received this date, the Parties shall submit a further Joint Status Report no later than May 1, 2014. Signed by Judge Gladys Kessler on 3/6/14. (CL, ) (Entered: 03/06/2014)
2014-03-06Set/Reset Deadlines: Joint Status Report due by 5/1/2014 (CL, ) (Entered: 03/06/2014)
2014-05-02188ENTERED IN ERROR. . . . .STATUS REPORT by FIELDING MCGEHEE, III. (Lesar, James) Modified on 5/5/2014 (td, ). (Entered: 05/02/2014)
2014-05-02189STATUS REPORT Joint Status Report by FIELDING MCGEHEE, III. (Lesar, James) (Entered: 05/02/2014)
2014-05-02190ORDER: Upon consideration of the Parties' Joint Status Report, it is hereby ordered that the Parties shall appear for a Status Conference on May 19, 2014 at 10:15 a.m. Signed by Judge Gladys Kessler on 05/02/2014. (lcgk2, ) (Entered: 05/02/2014)
2014-05-05NOTICE OF CORRECTED DOCKET ENTRY: re 188 Status Report was entered in error and counsel refiled said pleading as docket entry no.: 198 . (td, ) (Entered: 05/05/2014)
2014-05-05Set/Reset Hearings: Status Conference set for 5/19/2014 10:15 AM in Courtroom 26A before Judge Gladys Kessler. (zmm, ) (Entered: 05/05/2014)
2014-05-19191ORDER that Plaintiffs shall submit a final comprehensive list of document requests to Defendants no later than July 14, 2014; the parties shall file a Joint Status Report with the Court no later than August 15, 2014. Signed by Judge Gladys Kessler on 5/19/14. (CL, ) (Entered: 05/19/2014)
2014-05-19Set/Reset Deadlines: Comprehensive List of Document Requests due 7/14/2014. Status Report due by 8/15/2014 (CL, ) (Entered: 05/19/2014)
2014-05-19Minute Entry for proceedings held before Judge Gladys Kessler: Status Conference held on 5/19/2014. (Court Reporter: Chantal Geneus) (tth) (Entered: 05/19/2014)
2014-08-14192STATUS REPORT Joint - August 2014 by U.S. DEPARTMENT OF JUSTICE. (McBarnette, Andrea) (Entered: 08/14/2014)
2014-08-18193ORDER that the Parties shall file a further Status Report no later than October 1, 2014. Signed by Judge Gladys Kessler on 8/18/14. (CL, ) (Entered: 08/18/2014)
2014-08-18Set/Reset Deadlines: Status Report due by 10/1/2014 (CL, ) (Entered: 08/18/2014)
2014-10-01194STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (McBarnette, Andrea) (Entered: 10/01/2014)
2014-10-02195AFFIDAVIT re 194 Status Report 11th Hardy Declaration by U.S. DEPARTMENT OF JUSTICE. (McBarnette, Andrea) (Entered: 10/02/2014)
2014-10-06196MOTION for Leave to File Status Report by FIELDING MCGEHEE, III (Lesar, James) (Entered: 10/06/2014)
2014-10-06197ORDER granting 196 Motion for Leave to File. Signed by Judge Gladys Kessler on 10-06-2014. (lcgk3, ) (Entered: 10/06/2014)
2014-10-06198STATUS REPORT by FIELDING MCGEHEE, III. (znmw, ) (Entered: 10/07/2014)
2015-02-18199ORDER that the Parties shall file a Joint Status Report no later than April 1, 2015, at 5:00 p.m. Signed by Judge Gladys Kessler on 2/18/15. (CL, ) (Entered: 02/18/2015)
2015-02-18Set/Reset Deadlines: Joint Status Report due by 4/1/2015. (CL, ) (Entered: 02/18/2015)
2015-03-31200STATUS REPORT April 2015 by U.S. DEPARTMENT OF JUSTICE. (McBarnette, Andrea) (Entered: 03/31/2015)
2015-04-01201STATUS REPORT Plaintiffs' Status Report by FIELDING MCGEHEE, III. (Lesar, James) (Entered: 04/01/2015)
2015-04-06MINUTE ORDER: A Status Conference is hereby scheduled in this case for April 9, 2015, at 10:00 a.m.; if this date and time is not convenient for the Parties, they may file a Motion for Continuance. Signed by Judge Gladys Kessler on 4/6/15. (CL, ) (Entered: 04/06/2015)
2015-04-06Set/Reset Hearings: Status Conference set for 4/9/2015 10:00 AM in Courtroom 26A before Judge Gladys Kessler. (CL, ) (Entered: 04/06/2015)
2015-04-06Set/Reset Deadlines: Status Report due by 5/4/2015 (CL, ) (Entered: 04/06/2015)
2015-04-09Minute Entry for proceedings held before Judge Gladys Kessler: Status Conference held on 4/9/2015. Order to be issued. (Court Reporter: Barbara DeVico) (tth) (Entered: 04/09/2015)
2015-04-09202ORDER that on or before June 1, 2015, the Government shall complete production of relevant photographs in possession of the FBI; on or before September 7, 2015, the Government shall complete production of relevant documents in possession of the Statement Department; on or before May 25, 2015, Plaintiffs shall file Notice of their suggestion for completing the Government's review of relevant video and audio recordings in the possession of the FBI; the Parties shall appear for a Status Conference on Thursday, September 3, 2015, at 10:00 a.m. Signed by Judge Gladys Kessler on 4/9/15. (CL, ) (Entered: 04/09/2015)
2015-04-09Set/Reset Deadlines/Hearings: Status Conference set for 9/3/2015 10:00 AM in Courtroom 26A before Judge Gladys Kessler. Production of relevant photographs due by 6/1/2015. Production of relevant documents due by 9/7/15. (CL, ) (Entered: 04/09/2015)
2015-04-29203TRANSCRIPT OF PROCEEDINGS before Judge Gladys Kessler held on 4-9-15; Page Numbers: 1-18. Date of Issuance:4-29-15. Court Reporter/Transcriber Barbara DeVico, Telephone number (202)354-3118, Court Reporter Email Address : Barbara_DeVico@dcd.uscourts.gov.<P></P>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 or ASCII) may be purchased from the court reporter.<P> 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.<P></P> Redaction Request due 5/20/2015. Redacted Transcript Deadline set for 5/30/2015. Release of Transcript Restriction set for 7/28/2015.(DeVico, Barbara) (Entered: 04/29/2015)
2015-05-18204NOTICE of Filihng of Plaintiffs' Suggestions by FIELDING MCGEHEE, III (Lesar, James) (Entered: 05/18/2015)
2015-05-19205ORDER that Defendants should reply as to whether they will adopt any of the suggestions made by Plaintiffs for speedier completion of the Government's review of relevant video and audio records in the FBI's possession. Signed by Judge Gladys Kessler on 5/19/15. (CL, ) (Entered: 05/19/2015)
2015-06-22206RESPONSE TO ORDER OF THE COURT re 205 Order, (re why none of Plaintiff's suggestions for FOIA processing (ECF No. 204) can be adopted) filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit 1 - Declaration of David Hardy)(Whitaker, Claire) (Entered: 06/22/2015)
2015-06-23207NOTICE OF SUBSTITUTION OF COUNSEL by Claire M. Whitaker on behalf of U.S. DEPARTMENT OF JUSTICE Substituting for attorney Andrea McBarnette and Lisa Sheri Goldfluss (Whitaker, Claire) (Entered: 06/23/2015)
2015-07-07208REPLY to FBI's Response to Court's May 19, 2015 Order filed by FIELDING MCGEHEE, III. (Lesar, James) (Entered: 07/07/2015)
2015-07-07209ORDER that the Government shall respond to Plaintiffs' Reply to the FBI's Response to the Court's Order of May 19, 2015, no later than July 21, 2015; there will be no extensions of time granted. Signed by Judge Gladys Kessler on 7/7/15. (CL) (Entered: 07/07/2015)
2015-07-07Set/Reset Deadline: Response due by 7/21/2015 (tth) (Entered: 07/10/2015)
2015-07-21210RESPONSE TO ORDER OF THE COURT re 209 Order, filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit Attachment 1 (Suppl. Hardy Dec.) and exhibits)(Whitaker, Claire) (Entered: 07/21/2015)
2015-09-02MINUTE ORDER: Due to an adjustment to the Court's calendar, the Status Conference in this case now set for Thursday, September 3, 2015, is hereby rescheduled for September 16, 2015, at 10:00 a.m. Signed by Judge Gladys Kessler on 9/2/15. (CL) Modified on 9/3/2015 (znmw). (Entered: 09/02/2015)
2015-09-02Set/Reset Hearings: Status Conference set for 9/16/2015 10:00 AM in Courtroom 26A before Judge Gladys Kessler. (CL) (Entered: 09/02/2015)
2015-09-16211MOTION for Order Ruling That FBI Has Waived Right to Charge Copying Costs by FIELDING MCGEHEE, III (Attachments: # 1 Affidavit Sept. 2015 McGehee Declaration)(Lesar, James) (Entered: 09/16/2015)
2015-09-16Minute Entry for proceedings held before Judge Gladys Kessler: Status Conference held on 9/16/2015. (Court Reporter: Barbara DeVico) (tth) (Entered: 09/16/2015)
2015-09-18212ORDER that Plaintiffs shall file their Motion for Further Discovery on or before September 21, 2015; the Government shall file its Opposition no later than October 21, 2015; Plaintiffs shall file their Reply no later than November 4, 2015; the Government may suspend its review of the specific tapes at issue while Plaintiffs' Motion for Further Discovery remains pending. Signed by Judge Gladys Kessler on 9/17/15. (CL) (Entered: 09/18/2015)
2015-09-18Set/Reset Deadlines: Motion due by 9/21/2015. Opposition due by 10/21/2015. Reply due by 11/4/2015. (CL) (Entered: 09/18/2015)
2015-09-21213TRANSCRIPT OF PROCEEDINGS before Judge Gladys Kessler held on 9-16-15; Page Numbers: 1-19. Date of Issuance:9-21-15. Court Reporter/Transcriber Barbara DeVico, Telephone number (202)354-3118, Court Reporter Email Address : Barbara_DeVico@dcd.uscourts.gov.<P></P>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, PDF or ASCII) may be purchased from the court reporter.<P> 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.<P></P> Redaction Request due 10/12/2015. Redacted Transcript Deadline set for 10/22/2015. Release of Transcript Restriction set for 12/20/2015.(DeVico, Barbara) (Entered: 09/21/2015)
2015-09-21214MOTION for Order for Further Discovery by FIELDING MCGEHEE, III (Attachments: # 1 Exhibit Exhibit 1--McGehee-Rider (990604), # 2 Declaration John R. Hall Decl. (150921))(Lesar, James) (Entered: 09/21/2015)
2015-09-22215NOTICE of Filing of Proposed Order by FIELDING MCGEHEE, III (Lesar, James) (Entered: 09/22/2015)
2015-10-05216Consent MOTION for Extension of Time to file Response to Plaintiff's Motion for an Order Ruling That Defendant Has Waived Its Right to Charge Copying Costs in this Case by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 10/05/2015)
2015-10-05217ORDER granting 216 Defendant's Consent Motion for Extension of Time; Defendant shall have up to and including October 13, 2015, in which to file a Response to Plaintiff's Motion for an Order Ruling that Defendant Has Waived Its Right to Charge Copying Costs in this Case. Signed by Judge Gladys Kessler on 10/5/15. (CL) (Entered: 10/05/2015)
2015-10-05Set/Reset Deadlines: Responses due by 10/13/2015. (CL) (Entered: 10/05/2015)
2015-10-13218Memorandum in opposition to re 211 MOTION for Order Ruling That FBI Has Waived Right to Charge Copying Costs filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Whitaker, Claire) (Entered: 10/13/2015)
2015-10-14NOTICE OF ERROR re 218 Memorandum in Opposition; emailed to claire.whitaker@usdoj.gov, cc'd 5 associated attorneys -- The PDF file you docketed contained errors: 1. Exhibit is "out of memory"; please rescan and resubmit with an Errata. (znmw, ) Modified on 10/15/2015 (znmw). (Entered: 10/14/2015)
2015-10-14219ERRATA by U.S. DEPARTMENT OF JUSTICE 218 Memorandum in Opposition filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration)(Whitaker, Claire) (Entered: 10/14/2015)
2015-10-18220Consent MOTION for Extension of Time to Reply to Opp. to Mot. re Waiver of Copying Costs by FIELDING MCGEHEE, III (Lesar, James) (Entered: 10/18/2015)
2015-10-19221ORDER granting 220 Plaintiffs' Consent Motion for Extension of Time; Plaintiffs shall have up to and including October 30, 2015, in which to file their Reply in Support of their Motion for an Order Ruling the FBI has waived its right to charge copying fees for records at issue in this case. Signed by Judge Gladys Kessler on 10/19/15. (CL) (Entered: 10/19/2015)
2015-10-19Set/Reset Deadlines: Replies due by 10/30/2015. (CL) (Entered: 10/19/2015)
2015-10-21222Memorandum in opposition to re 214 MOTION for Order for Further Discovery filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit Attachment 1 (Excerpt from Transcript of April 9, 2015 Status Conference), # 2 Text of Proposed Order)(Whitaker, Claire) (Entered: 10/21/2015)
2015-10-26223Consent MOTION for Extension of Time to Reply to Defendants' Opposition to Mot. for a Ruling that FBI Has Waived Copying Costs by FIELDING MCGEHEE, III (Lesar, James) (Entered: 10/26/2015)
2015-10-27224ORDER granting 223 Plaintiffs' Consent Motion for Extension of Time; Plaintiffs shall have up to and including November 2, 2015, in which to file their Reply to Defendants' Opposition to Plaintiffs' Motion for a Ruling that the FBI has waived its right to charge copying costs in this case. Signed by Judge Gladys Kessler on 10/27/15. (CL) (Entered: 10/27/2015)
2015-10-27Set/Reset Deadlines: Replies due by 11/2/2015. (CL) (Entered: 10/27/2015)
2015-11-03225Consent MOTION for Extension of Time to File Reply to Opp. to Motion for Discovery by FIELDING MCGEHEE, III (Lesar, James) (Entered: 11/03/2015)
2015-11-03226REPLY to opposition to motion re 214 MOTION for Order for Further Discovery filed by FIELDING MCGEHEE, III. (Attachments: # 1 Affidavit November 2015 McGehee Decl., # 2 Exhibit Att. A--Request for Admissions, # 3 Exhibit Exh 1--McGehee-Rider (990604), # 4 Exhibit Exh. 2-Kelso-McGehee (990726), # 5 Exhibit Exh. 3--McGehee-Hardy letters, # 6 Exhibit Exh. 4--Hardy-McGehee letters)(Lesar, James) (Entered: 11/03/2015)
2015-11-04227NOTICE Filing of Corrected Attachment A (Request for Admissions) by FIELDING MCGEHEE, III (Attachments: # 1 Exhibit Att. A--Rule 36 Request for Admissions, # 2 Exhibit Exh. 2--Kelso-McGehee (990726), # 3 Exhibit Exh. 1--McGehee-Rider (99990604), # 4 Exhibit Collective Exh. 3--McGehee-Hardy letters, # 5 Exhibit Collective Exh. 4--Hardy-McGehee letters)(Lesar, James) (Entered: 11/04/2015)
2015-11-04228ORDERED, nunc pro tunc, granting 225 Plaintiffs' Consent Motion for Extension of Time; Plaintiffs shall have up to and including November 3, 2015, in which to file their Reply to Defendants' Opposition to their Motion for Discovery. Signed by Judge Gladys Kessler on 11/4/15. (CL) (Entered: 11/04/2015)
2015-11-04Set/Reset Deadlines: Replies due by 11/3/2015. (CL) (Entered: 11/04/2015)
2015-12-07229MOTION for Order Vacting in Part Court's Order Staying Processing of Audiotapes by FIELDING MCGEHEE, III (Attachments: # 1 Exhibit Att. A--O'Brien-McGehee (981123), # 2 Exhibit Att. B--McGehee-O'Brien (981211), # 3 Exhibit Att. C--Kelso-McGehee (90212), # 4 Exhibit Att. D--McGehee-OIP (990227), # 5 Exhibit Att. E--Huff-McGehee (990816), # 6 Exhibit Att. F--Sept. 16, 2015 Transcript, # 7 Exhibit Att. G--April 9, 2015 Transcript, # 8 Declaration December 2015 McGehee Decl. (151207), # 9 Exhibit Exh. 1--McGehee-FBI (981006), # 10 Exhibit Exh. 2--O'Brien-McGehee (981123), # 11 Exhibit Exh. 3--Kelso-Moore, McGehee (000524), # 12 Exhibit Exh. 4--Huff-McGehee (990816))(Lesar, James) (Entered: 12/07/2015)
2015-12-17230NOTICE of Filing of Renewed Request for Public Interest Fee Waiver by FIELDING MCGEHEE, III (Attachments: # 1 Exhibit Attachment--Renewed Request for Public Interest Fee Waiver (151217))(Lesar, James) (Entered: 12/17/2015)
2015-12-21231Consent MOTION for Extension of Time to Respond to ECF No. 229 (Plaintiffs' Motion for Order Vacating in Part the Court's Order Staying Processing of Audiotapes by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 12/21/2015)
2015-12-22232ORDER granting 231 Defendant's Consent Motion for Extension of Time; Defendant shall have up to and including January 13, 2016, in which to respond to Plaintiffs' Motion for Order Vacating in Part Court's Order Staying Processing of Audiotapes, together with a response from the FBI in connection with Plaintiffs' Renewed Request for Fee Waiver. Signed by Judge Gladys Kessler on 12/22/15. (CL) (Entered: 12/22/2015)
2015-12-22Set/Reset Deadlines: Responses due by 1/13/2016 (CL). (Entered: 12/22/2015)
2016-01-13233Memorandum in opposition to re 229 MOTION for Order Vacting in Part Court's Order Staying Processing of Audiotapes and Response to Notice filed at ECF No. 230 filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration 15th Declaration of David Hardy, # 2 Exhibit A, # 3 Text of Proposed Order)(Whitaker, Claire) (Entered: 01/13/2016)
2016-01-22234Consent MOTION for Extension of Time to Reply to Defendants' Opposition to Plaintiffs' Motion to Partially Vacate Court's Order Staying Processiong of Audio Tapes by FIELDING MCGEHEE, III (Lesar, James) (Entered: 01/22/2016)
2016-01-27235ORDER granting 234 Plaintiffs' Consent Motion for Extension of Time; Plaintiffs shall have up to and including February 12, 2016, in which to Reply to Defendant's Opposition to their Motion to Partially Vacate. Signed by Judge Gladys Kessler on 1/27/16. (CL) (Entered: 01/27/2016)
2016-01-27Set/Reset Deadlines: Replies due by 2/12/2016. (CL) (Entered: 01/27/2016)
2016-02-09236Consent MOTION for Extension of Time to Reply to Opp. to Pls' Mot. to Partially Vacdate Court's Order , MOTION for Extension of Time to File Response/Reply by FIELDING MCGEHEE, III (Lesar, James) (Entered: 02/09/2016)
2016-02-10MINUTE ORDER granting 236 Plaintiffs' Consent Motion for Extension of Time; Plaintiffs shall have up to and including February 22, 2016, in which to Reply to Defendant's Opposition to their Motion to Partially Vacate This Court's Order of September 18, 2015. Signed by Judge Gladys Kessler on 2/10/16. (CL) (Entered: 02/10/2016)
2016-02-10Set/Reset Deadlines: Replies due by 2/22/2016. (CL) (Entered: 02/10/2016)
2016-02-19237Consent MOTION for Extension of Time to File by FIELDING MCGEHEE, III (Lesar, James) (Entered: 02/19/2016)
2016-02-22MINUTE ORDER granting 237 Plaintiffs' Consent Motion for Extension of Time; Plaintiffs shall have up to and including February 29, 2016, in which to file their Reply to Defendants' Opposition to Their Motion to Partially Vacate This Court's Order of September 18, 2015. Signed by Judge Gladys Kessler on 2/22/16. (CL) (Entered: 02/22/2016)
2016-02-22Set/Reset Deadlines: Replies due by 2/29/2016. (CL) (Entered: 02/22/2016)
2016-02-29238Consent MOTION for Extension of Time to reply to defendants' opposition to plaintiffs'motion to partially vacate court's order staying processing of records by FIELDING MCGEHEE, III (Lesar, James) (Entered: 02/29/2016)
2016-03-01239ORDER granting 238 Motion for Extension of Time to Reply to Defs.' Opp'n to Pls.' Mot. to Partially Vacate Order. Plaintiffs shall have up to and including March 7, 2016 to submit their Reply. Signed by Judge Gladys Kessler on 03/01/2016. (lcgk1, ) (Entered: 03/01/2016)
2016-03-04Set/Reset Deadline: Reply due by 3/7/2016. (tth) (Entered: 03/04/2016)
2016-03-07240REPLY to opposition to motion re 229 MOTION for Order Vacting in Part Court's Order Staying Processing of Audiotapes filed by FIELDING MCGEHEE, III. (Attachments: # 1 Exhibit Exh. 1--Hardy-Lesar Form Leter (160113), # 2 Exhibit Exh. 2--Kelso-McGehee (990212), # 3 Exhibit Exh. 3--Renwed Request for Fee Waiver (151216), # 4 Affidavit December 2015 McGehee Decl., # 5 Affidavit 2016 McGehee Decl.)(Lesar, James) (Entered: 03/07/2016)
2016-03-08241ERRATA by FIELDING MCGEHEE, III. (Attachments: # 1 Declaration 2016 McGehee Declaration, # 2 Exhibit Att. A Hardy-McGehee (030326), # 3 Exhibit Att. B Hardy-Lesar form letter (160113), # 4 Declaration December 2015 McGehee Declaration, # 5 Exhibit Exh. 1, # 6 Exhibit Exh. 2, # 7 Exhibit Exh. 3, # 8 Exhibit Exh. 4)(Lesar, James) (Entered: 03/08/2016)
2016-03-14242ORDER denying 211 Plaintiffs' Motion for Order Ruling that Defendant has Waived Its Right to Charge Copying Costs in this case. Signed by Judge Gladys Kessler on 3/14/16. (CL) (Entered: 03/14/2016)
2016-04-21243MEMORANDUM ORDER denying 214 Plaintiffs' Motion for Further Discovery and denying as moot 229 Plaintiffs' Motion to Vacate in Part the Court's Order Staying Processing of Audiotapes. Signed by Judge Gladys Kessler on 4/21/16. (CL) (Entered: 04/21/2016)
2017-11-02Case directly reassigned to Judge Trevor N. McFadden. Judge Gladys Kessler is no longer assigned to the case. (ztnr) (Entered: 11/02/2017)
2018-01-11MINUTE ORDER: The parties are ordered to file a Joint Status Report on or before February 11, 2018, advising the Court of the case's status and providing a proposed scheduling order for any further proceedings they believe to be necessary. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/11/18. (lctnm1) (Entered: 01/11/2018)
2018-01-11Set/Reset Deadlines: Joint Status Report due by 2/11/2018. (hmc) (Entered: 01/11/2018)
2018-02-12244Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 02/12/2018)
2018-02-13MINUTE ORDER: Upon consideration of the parties' 244 Joint Status Report, the parties are directed to file a further status report by March 30, 2018. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/13/18. (lctnm1) (Entered: 02/13/2018)
2018-02-13Set/Reset Deadlines: A further Joint Status Report due by 3/30/2018. (hmc) (Entered: 02/13/2018)
2018-03-30245Consent MOTION for Extension of Time to File Joint Status Report by FIELDING MCGEHEE, III, REBECCA MOORE (Lesar, James) (Entered: 03/30/2018)
2018-03-30MINUTE ORDER granting Plaintiffs' 245 Consent Motion for Extension of Time. The parties shall now file a Joint Status Report by April 30, 2018. The parties are advised that further requests for an extension of time for this filing will be disfavored. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/30/18. (lctnm1) (Entered: 03/30/2018)
2018-04-02Set/Reset Deadlines: Joint Status Report due by 4/30/2018. (hmc) (Entered: 04/02/2018)
2018-04-20246STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 4/20/18. (lctnm1) (Entered: 04/20/2018)
2018-04-30247Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Whitaker, Claire) (Entered: 04/30/2018)
2018-05-01MINUTE ORDER: In light of the Court's admonition that it would disfavor further extensions of time to propose a schedule for any further proceedings and in light of Plaintiffs' view that mediation would be helpful in bringing this case to its conclusion, Defendant is ordered to show cause by May 8, 2018, why this case should not be referred to a Magistrate Judge for mediation. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/1/18. (lctnm1) (Entered: 05/01/2018)
2018-05-01Set/Reset Deadlines: Defendant to show cause why case should not be referred by 5/8/2018. (hmc) (Entered: 05/01/2018)
2018-05-08248RESPONSE TO ORDER TO SHOW CAUSE by U.S. DEPARTMENT OF JUSTICE re Order, . (Attachments: # 1 Declaration (Sixteenth Declaration of David Hardy))(Whitaker, Claire) Modified on 5/10/2018 (td). Modified on 5/10/2018 (ztd). (Entered: 05/08/2018)
2018-05-09MINUTE ORDER: The Declaration of David Hardy attached to the Department of Justice's 248 Response to Order to Show Cause appears as a blank document. Accordingly, the Department of Justice is directed to refile the Declaration by May 11, 2018. Signed by Judge Trevor N. McFadden on 5/9/18. (lctnm1) (Entered: 05/09/2018)
2018-05-09249NOTICE of Filing of 16th Declaration of David Hardy by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration (16th Declaration of David Hardy))(Whitaker, Claire) (Entered: 05/09/2018)
2018-05-09Set/Reset Deadlines: Defendant's refiling of the Declaration due by 5/11/2018. (hmc) (Entered: 05/09/2018)
2018-05-10DISREGARD THIS NOTICE OF CORRECTED DOCKET ENTRY: re 248 Response to Order to Show Cause was entered in error and counsel was instructed pursuant to Minute Order to refile said pleading. (td) Modified on 5/10/2018 (ztd). (Entered: 05/10/2018)
2018-05-10MINUTE ORDER: Upon review of the Department of Justice's 248 Response to Order to Show Cause and the attached Declaration, the Court agrees that mediation would not be helpful at this time. The parties are hereby ordered to file a further Joint Status Report with a proposed a briefing schedule by May 30, 2018 if they have not resolved their issues and filed a stipulation of dismissal by that date. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/10/18. (lctnm1) (Entered: 05/10/2018)
2018-05-10Set/Reset Deadlines: Joint Status Report due by 5/30/2018. (hmc) (Entered: 05/10/2018)
2018-05-26250Consent MOTION for Extension of Time to File the Parties' Joint Status Report by U.S. DEPARTMENT OF JUSTICE (Haynes, Fred) (Entered: 05/26/2018)
2018-05-29MINUTE ORDER: Upon consideration of Defendant's 250 Consent Motion for Extension of Time and for good cause shown, the Motion for Extension of Time is GRANTED. The parties shall now file their Joint Status Report by June 29, 2018. The parties are warned that any future motions for extensions of time must comply with the Court's 246 Standing Order, including the requirement that any such motions be filed at least four business days prior to any affected deadline. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/29/18. (lctnm1) (Entered: 05/29/2018)
2018-05-30Set/Reset Deadlines: Joint Status Report due by 6/29/2018. (hmc) (Entered: 05/30/2018)
2018-06-22251Consent MOTION for Extension of Time to File Joint Status Report by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 06/22/2018)
2018-06-22MINUTE ORDER granting Defendant's 251 Consent Motion for Extension of Time. The parties shall file their Joint Status Report by July 27, 2018. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/22/18. (lctnm1) (Entered: 06/22/2018)
2018-06-25Set/Reset Deadlines: Joint Status Report due by 7/27/2018. (hmc) (Entered: 06/25/2018)
2018-07-26252Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 07/26/2018)
2018-07-26MINUTE ORDER: Upon consideration of the parties' 252 Joint Status Report, it is hereby ordered that Plaintiffs shall file their Motion for Summary Judgment by September 27, 2018, Defendant shall file its Opposition and Cross-Motion for Summary Judgment by November 6, 2018, Plaintiffs shall file their Reply in Support of their Motion for Summary Judgment and Opposition to Defendant's Cross-Motion for Summary Judgment by December 15, 2018, and Defendant shall file its Reply in Support of its Motion for Summary Judgment by January 15, 2019. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/26/18. (lctnm1) (Entered: 07/26/2018)
2018-07-27Set/Reset Deadlines: Plaintiff's Motion for Summary Judgment due by 9/27/2018. Defendant's Opposition to Plaintiff's Motion for Summary Judgment and Cross-Motion due by 11/6/2018. Plaintiff's Reply in support of its Motion for Summary Judgment and Opposition to Defendant's Cross-Motion due by 12/15/2018. Defendant's Reply in support of its Cross-Motion due by 1/15/2019. (hmc) (Entered: 07/27/2018)
2018-09-24253MOTION for Partial Summary Judgment and MP&A by FIELDING MCGEHEE, III, REBECCA MOORE (Attachments: # 1 Declaration July 2018 McGehee Decl., # 2 Appendix Lesar letter to AUSA Abel as attachment to McGehee Decl., # 3 Exhibit Exh. 1. Lesar-AUSA Whitaker letter, # 4 Exhibit Doc. 85 Def's Status Report and Proposed Schedule, # 5 Exhibit Exh. 3. Def's Status Report and Proposed Schedule)(Lesar, James) Modified event title on 9/26/2018 (znmw). (Entered: 09/24/2018)
2018-09-25254NOTICE of Filing by FIELDING MCGEHEE, III, REBECCA MOORE re 253 MOTION for Summary Judgment and MP&A (Attachments: # 1 Statement of Facts Local Rule 7.1(h) Statement of Material Fact)(Lesar, James) (Entered: 09/25/2018)
2018-10-30255MOTION for Extension of Time to File Cross-Motion for Summary Judgment and Opposition to Plaintiffs' Motion by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 10/30/2018)
2018-10-31MINUTE ORDER granting Defendant's 255 Motion for Extension of Time. It is hereby ORDERED that Defendant may file a cross-motion for summary judgment and its opposition to Plaintiffs' motion on or before November 13, 2018. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/31/18. (lctnm1) (Entered: 10/31/2018)
2018-10-31Set/Reset Deadlines: Defendant's cross-motion for Summary Judgment and opposition to Plaintiff's Motion for Summary Judgment due by 11/13/2018. (hmc) (Entered: 10/31/2018)
2018-11-13256Cross MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for Partial Summary Judgment, Defendant's Local Rule 7(h) Statement and Supporting Memorandum by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Table of Authorities, # 2 Proposed Order, # 3 Seventeenth Hardy Declaration, # 4 Response to Plaintiffs' Local Rule 7(h) Statement)(Simon, Jeremy) (Entered: 11/13/2018)
2018-11-13257Memorandum in opposition to re 253 MOTION for Partial Summary Judgment (duplicate of Docket Entry No. 256) filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Table of Authorities, # 2 Proposed Order, # 3 Seventeenth Hardy Declaration, # 4 Response to Plaintiffs' Local Rule 7(h) Statement)(Simon, Jeremy) (Entered: 11/13/2018)
2018-12-11258Consent MOTION for Extension of Time to respond to Defs' Cross-Motion and Opp. by FIELDING MCGEHEE, III, REBECCA MOORE (Attachments: # 1 Appendix)(Lesar, James) (Entered: 12/11/2018)
2018-12-12MINUTE ORDER granting Plaintiffs' 258 Motion for Extension of Time. It is hereby ORDERED that Plaintiffs may respond to Defendant's 256 Cross-Motion for Summary Judgment on or before January 4, 2019 and the Defendant's reply is due on or before February 7, 2019. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/12/18. (lctnm1) (Entered: 12/12/2018)
2018-12-12Set/Reset Deadlines: Plaintiff's Response to Cross-Motion for Summary Judgment due by 1/4/2019; Defendant's Reply due by 2/7/2019. (tg) (Entered: 12/12/2018)
2019-01-02259MOTION for Briefing Schedule by FIELDING MCGEHEE, III, REBECCA MOORE (Attachments: # 1 Text of Proposed Order)(Lesar, James) (Entered: 01/02/2019)
2019-01-02260ERRATA by FIELDING MCGEHEE, III, REBECCA MOORE 259 MOTION for Briefing Schedule filed by REBECCA MOORE, FIELDING MCGEHEE, III. (Attachments: # 1 Exhibit)(Lesar, James) (Entered: 01/02/2019)
2019-01-04MINUTE ORDER granting Plaintiff's 259 Motion to Revise Briefing Schedule. It is hereby ORDERED that Plaintiffs' Opposition to Defendants' Cross-Motion for Summary Judgment and Reply is due on or before January 31, 2019, Defendants' Reply is due on or before March 8, 2019. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/4/19. (lctnm1) Modified on 1/4/2019 per Chambers (hmc). (Entered: 01/04/2019)
2019-01-04Set/Reset Deadlines: Plaintiffs' Opposition to Defendants' Cross-Motion for Summary Judgment and Reply due by 1/31/2019. Defendants' Reply is due on or before March 8, 2019. (hmc) (Entered: 01/04/2019)
2019-02-05MINUTE ORDER. Plaintiffs are hereby ORDERED to SHOW CAUSE as to why this case should not be dismissed for failure to prosecute. Upon Plaintiffs' motion, the Court ordered that Plaintiffs' Opposition to Defendants' 256 Cross-Motion for Summary Judgment was due on January 31, 2019. As of the date of this order, Plaintiffs have not filed any opposition. Plaintiffs are ordered to respond to this Show-Cause Order on or before February 13, 2019. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/5/19. (lctnm1) Modified on 2/5/2019 to add law clerk number (hmc). (Entered: 02/05/2019)
2019-02-05Set/Reset Deadlines: Plaintiff's response to Show Cause Order due by 2/13/2019. (hmc) (Entered: 02/05/2019)
2019-02-13261MOTION for Leave to File extension of time to respond to order to show cause by FIELDING MCGEHEE, III, REBECCA MOORE (Lesar, James) (Entered: 02/13/2019)
2019-02-13262Consent MOTION for Extension of Time to file Response to Order to Show Cause by FIELDING MCGEHEE, III, REBECCA MOORE (Attachments: # 1 Exhibit Supr. Ct. 19- Mot. for Ext., # 2 Text of Proposed Order)(Lesar, James) (Entered: 02/13/2019)
2019-02-13263RESPONSE re 262 Consent MOTION for Extension of Time to file Response to Order to Show Cause filed by U.S. DEPARTMENT OF JUSTICE. (Simon, Jeremy) (Entered: 02/13/2019)
2019-02-14264ORDER denying as moot 261 Motion for Leave to File and 262 Motion for Extension of Time and setting briefing schedule. It is also ORDERED that the Court's Show-Cause Order is DISCHARGED. See attached Order for details. Signed by Judge Trevor N. McFadden on 2/14/19. (lctnm1) (Entered: 02/14/2019)
2019-02-14Set/Reset Deadlines: Plaintiffs' Opposition to Defendant's Cross-Motion and Reply due by 2/28/2019. Defendant's Reply to Plaintiffs' Oppisition due by 3/28/2019. (hmc) (Entered: 02/14/2019)
2019-02-19265NOTICE Filing by FIELDING MCGEHEE, III, REBECCA MOORE (Lesar, James) (Entered: 02/19/2019)
2019-03-04266MEMORANDUM AND OPINION. See attached document for details. Signed by Judge Trevor N. McFadden on 3/4/19. (Entered: 03/04/2019)
2019-03-04267ORDER denying Plaintiffs' 253 Motion for Summary Judgment and granting the Government's 256 Motion for Summary Judgment. See attached Order for details. The Clerk of the Court is directed to close the case. This is a final, appealable Order. Signed by Judge Trevor N. McFadden on 3/4/19. (lctnm1) Modified per Chambers on 3/4/2019 (hmc). (Entered: 03/04/2019)
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