Case Detail

FOIA Project Annotation: A federal court in Massachusetts has ruled that the Defense Department's affidavits describing its searches for records responsive to Thomas Stalcup's FOIA requests regarding the possibility that missile testing off the East Coast was responsible for the crash of TWA 800 in 1996 are still inadequate for summary judgment purposes. Three of Stalcup's requests to DOD were at issue �" two to the Missile Defense Agency and one to the Office of the Secretary �"and the agency had provided three affidavits describing the searches. The court found the agency's descriptions of its searches of MDA were adequate. The court noted that "in an attempt to rebut the presumption [of good faith], Stalcup points to evidence that missile or rocket firings occurred off the East Coast in 1996 and 1997 and, from there, he theorizes that documents must have been created by or provided to the MDA regarding those firings, and must have been retained by the MDA, such that they are still in the agency's possession. Such speculation is not sufficient to rebut the presumption of good faith and defeat summary judgment. . .Here, the MDA adequately explained its search process and established that the methods used could be reasonably expected to produce the information requested. Thus, the MDA has satisfied its obligations under FOIA." But as to the OSD searches, the court agreed with Stalcup that the current descriptions were insufficient. The court observed that "the affidavits nowhere describe in detail the scope and method by which the search was conducted of the structure of OSD's file system which makes further search difficult. The affidavits do not offer any explanation of why the two offices searched would be the only offices within the OSD reasonably likely to contain responsive documents, nor do they state whether there are any legacy filing systems that might retain responsive documents."
Issues: Adequacy - Search

FOIA Project Annotation: A federal court in Massachusetts has ruled that the Department of Defense has still not shown that it conducted an adequate search for records in response to multi-part requests from Thomas Stalcup, who previously had sued the CIA and the National Transportation Safety Board for records concerning the crash of TWA Flight 800, particularly the theory that the crash was caused by nearby missile practice. Stalcup's requests were sent to the Missile Defense Agency, the Office of the Secretary of Defense, and the Joint Staff. Stalcup filed suit more than two years after he submitted his requests and the agencies subsequently disclosed records. The district court ruled in favor of the agencies, finding that their searches were adequate. Stalcup appealed to the First Circuit, which in a per curiam decision, found the agencies' searches were inadequate and ordered them to provide a more detailed explanation as to whether the agencies had searched all locations likely to have responsive records. Even with the addition of a new supplementary affidavit, on remand the district court found the agencies' explanation still fell short. The court found that the supplementary affidavit failed to justify the completeness of all the three searches. The court pointed out that the agency only expanded its search after Stalcup suggested that other Joint Staff Directorates might have responsive records. The court indicated that "defendant offers no justification for requiring Stalcup, who requested all records in the possession of any component of the agency, to direct the agency's decisions about its search design."
Issues: Adequacy - Search

FOIA Project Annotation: A federal court in Massachusetts has resolved eight-year-old litigation brought by Thomas Stalcup for records showing that TWA Flight 800, which crashed shortly after take-off from New York, killing everyone on board, was actually shot down by stray missiles fired by local military training, by accepting the recommendations of a magistrate judge. Stalcup submitted three FOIA requests for records from the Missile Defense Agency and the Department of Defense pertaining to the crash. Stalcup argued that MDA in particular had not conducted an adequate search because it did not search outside entities that might have responsive records. However, the court noted that "but even if Stalcup had 'firm evidence' of such records existing outside DOD, [one of its declarations] avers that MDDC is the single authoritative location for all missile test records, including Aegis test records.' This assertion leads the Court to the reasonable conclusion that even if external entities also have responsive records, those records would seem to already be within the MDDC depository identified by DOD as the source for all missile test records." However, the court found that DOD failed to justify its search of the Office of the Secretary of Defense. The court pointed out that "the declarations do not contain a description of the file system, such as by explaining 'which series correlates to what functions, within OSD, and why searching those other series would be overly burdensome or unlikely to locate responsive records.' Without more, such as descriptions of the various numbered series assuming there are additional ones or a sworn declaration, similar to that provided by MDDC, averring that Series 2000 is the only place where the actual test plans would be found or is the single authoritative location for them. . ."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2013-08-15	1	COMPLAINT against Department of Defense Agency, filed by Thomas Stalcup. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet and category form)(LaFlamme, Jennifer) (Entered: 08/15/2013)
2013-08-15	2	General Order 09-1, dated January 6, 2009 regarding the E-Government Act and Personal Identifiers entered. (LaFlamme, Jennifer) (Entered: 08/15/2013)
2013-08-15	3	ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Robert B. Collings. (Abaid, Kimberly) (Entered: 08/15/2013)
2013-08-15	4	Summons Issued as to Department of Defense Agency. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (LaFlamme, Jennifer) (Entered: 08/15/2013)
2013-08-15	5	Filing fee/payment: $400.00, receipt number 1BST039244 for 1 Complaint. (MacDonald, Gail) (Entered: 08/15/2013)
2013-12-16	7	SUMMONS Returned Executed Department of Defense Agency served on 10/31/2013 (Flaherty, Elaine) Modified to correct date filed on 2/10/2014 (Seelye, Terri). (Entered: 02/06/2014)
2014-01-24	6	Judge Richard G. Stearns: ORDER entered TO SHOW CAUSE pursuant to Rule 4(m), Fed. R. Civ. P., and Local Rule 4.1(b), the case will be dismissed without prejudice in twenty (21) days from the date of this Order unless a proof of service is filed or good cause shown why service has not been made. Show Cause Response due by 2/14/2014.(Seelye, Terri)cm to plaintiff 1/24/14. (Entered: 01/24/2014)
2014-02-14	8	Judge Richard G. Stearns: ELECTRONIC ORDER entered finding as moot, Order to Show Cause, return having been entered on the docket on 2/6/14. re 7 , 6 (Seelye, Terri)cm to Mr. Stalcup on 2/14/14. (Entered: 02/14/2014)
2014-02-18	9	Summons Issued as to US Attorney and US Attorney General. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Seelye, Terri)Mailed to plaintiff on 2/18/14. (Entered: 02/18/2014)
2014-03-20	10	SUMMONS Returned Executed as to US Attorney by Thomas Stalcup WSO 3/10/14. (Flaherty, Elaine) (Entered: 03/20/2014)
2014-04-03	11	SUMMONS Returned Executed on U.S. Atty General on 3/13/14 by Thomas Stalcup. (Flaherty, Elaine) Modified on 4/10/2014 (Seelye, Terri). (Entered: 04/09/2014)
2014-06-03	12	NOTICE of Appearance by Michael P. Sady on behalf of Department of Defense Agency (Sady, Michael) (Entered: 06/03/2014)
2014-06-03	13	Assented to MOTION for Extension of Time to August 2, 2014 to File Response/Reply by Department of Defense Agency.(Sady, Michael) (Entered: 06/03/2014)
2014-06-04	14	Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 13 Motion for Extension of Time to File Response/Reply. Responses due by 8/1/2014. (Zierk, Marsha) (Entered: 06/04/2014)
2014-07-18	15	ELECTRONIC NOTICE of Reassignment. District Judge Leo T. Sorokin added. Judge Richard G. Stearns no longer assigned to case. (Abaid, Kimberly) (Entered: 07/18/2014)
2014-08-01	16	Assented to MOTION for Extension of Time to 9/12/14 to File Response/Reply by Department of Defense Agency.(Sady, Michael) (Entered: 08/01/2014)
2014-08-06	17	District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 16 Motion for Extension of Time to File Response/Reply re 16 Assented to MOTION for Extension of Time to 9/12/14 to File Response/Reply Responses due by 9/12/2014 (Simeone, Maria) (Entered: 08/06/2014)
2014-09-26	18	Assented to MOTION for Extension of Time to November 12, 2014 to Respond by Department of Defense Agency.(Sady, Michael) (Entered: 09/26/2014)
2014-09-29	19	District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 18 Motion for Extension of Time to 11/12/14 to respond (Simeone, Maria) (Entered: 09/29/2014)
2014-11-21	20	District Judge Leo T. Sorokin: ORDER entered. The government is ORDERED TO SHOW CAUSE why a default should not be entered against it. See attached Order. Show Cause Response due by 12/3/2014. A copy of the Order and Docket Sheet was mailed to Plaintiff via first class mail and certified mail (Ref.#2377) (Matteson, Nicholas) (Entered: 11/21/2014)
2014-11-25	21	Assented to MOTION for Extension of Time to January 5, 2015 to File Response/Reply by Department of Defense Agency.(Sady, Michael) (Entered: 11/25/2014)
2014-11-26	22	District Judge Leo T. Sorokin: ORDER entered. The United States shall supplement its 21 MOTION for Extension of Time as set forth in the attached Order within seven days. A copy of the Order was mailed to Plaintiff via first class mail and certified mail (Ref#2391).(Matteson, Nicholas) Modified on 11/26/2014 (Montes, Mariliz). (Entered: 11/26/2014)
2014-11-26	23	Set Deadline: Re. Response 22 Order due by 12/3/2014. (Montes, Mariliz) (Entered: 11/26/2014)
2014-12-02	24	Return receipt received for certified mail (Ref# 2391) re. 22 sent to Thomas Stalcup. Delivered on 11/28/2014. (Montes, Mariliz) (Entered: 12/02/2014)
2014-12-03	25	RESPONSE TO COURT ORDER by Department of Defense Agency re 22 Order, Supplement to Motion for Extention of Time . (Sady, Michael) (Entered: 12/03/2014)
2014-12-04	26	District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 21 Motion for Extension of Time to 1/5/2015 to file (Simeone, Maria) (Entered: 12/04/2014)
2015-01-05	27	MOTION for Summary Judgment by Department of Defense Agency.(Sady, Michael) (Entered: 01/05/2015)
2015-01-05	28	MEMORANDUM in Support re 27 MOTION for Summary Judgment filed by Department of Defense Agency. (Attachments: # 1 Exhibit A)(Sady, Michael) (Entered: 01/05/2015)
2015-01-30	29	Plaintiff's MOTION for Extension of Time to 2/27/2015 to File Response as to 27 MOTION for Summary Judgment by Thomas Stalcup.(Montes, Mariliz) (Entered: 02/03/2015)
2015-02-05	30	District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 29 Motion for Extension of Time to File Response/Reply re 27 MOTION for Summary Judgment Responses due by 2/27/2015. A copy of the Electronic Order has been mailed to Plaintiff via first class mail and certified mail (Ref# 9667). (Simeone, Maria) (Entered: 02/05/2015)
2015-02-24	31	Return receipt received for certified mail (Ref# 9667)sent to Thomas Stalcup re. 30 . Delivered on 2/10/2015. (Montes, Mariliz) (Entered: 02/24/2015)
2015-02-27	32	MOTION for Summary Judgment by Thomas Stalcup.(Montes, Mariliz) Modified on 6/18/2015 (Montes, Mariliz). (Entered: 03/03/2015)
2015-02-27	33	MEMORANDUM in Support re 32 Plaintiff's MOTION for Summary Judgment, and Memorandum in Opposition to Defendant's Motion for Summary Judgment 27 MOTION for Summary Judgment filed by Thomas Stalcup. (Montes, Mariliz) (Entered: 03/03/2015)
2015-02-27	34	DECLARATION re 33 Memorandum in Support of Motion, 32 MOTION for Summary Judgment by Thomas Stalcup. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E-F, # 6 Exhibit G, # 7 Exhibit H, # 8 Exhibit I, # 9 Exhibit J, # 10 Exhibit K, # 11 Exhibit L, # 12 Exhibit M, # 13 Exhibit N, # 14 Exhibit O, # 15 Exhibit P, # 16 Exhibit Q, # 17 Exhibit R, # 18 Exhibit S, # 19 Exhibit T, # 20 Exhibit U, # 21 Exhibit V, # 22 Exhibit W, # 23 Exhibit X, # 24 Exhibit Y, # 25 Exhibit Z)(Montes, Mariliz) (Entered: 03/03/2015)
2015-03-04	35	AMENDED DOCUMENT: Plaintiff's Amended Motion for Summary Judgment by Thomas Stalcup. Amendment to 32 MOTION for Summary Judgment. (Montes, Mariliz) Modified on 6/18/2015 (Montes, Mariliz). (Entered: 03/11/2015)
2015-03-04	36	AMENDED DOCUMENT: Plaintiff's Amended Memorandum in Opposition to Defendants' Motion for Summary Judgment and in Support of Plaintiff's Motion for Summary Judgment by Thomas Stalcup. Amendment to 32 MOTION for Summary Judgment, 33 Memorandum in Support of Motion. (Montes, Mariliz) (Entered: 03/11/2015)
2015-03-04	37	AMENDED DOCUMENT Amended Declaration of Thomas Stalcup by Thomas Stalcup. Amendment to 34 Declaration,,. (Attachments: # 1 Exhibit A, # 2 Exhibit B-1, # 3 Exhibit B-2, # 4 Exhibit B-3, # 5 Exhibit B-4, # 6 Exhibit C)(Montes, Mariliz) (Additional attachment(s) added on 3/11/2015: # 8 Exhibit D-1, # 9 Exhibit D-2, # 10 Exhibit D-3, # 11 Exhibit D-4, # 12 Exhibit D-5, # 13 Exhibit E, # 14 Exhibit F, # 15 Exhibit G, # 17 Exhibit H) (Montes, Mariliz). (Additional attachment(s) added on 3/11/2015: # 18 Exhibit I-1, # 19 Exhibit I-2, # 20 Exhibit I-3, # 21 Exhibit J, # 22 Exhibit K-1, # 23 Exhibit K-2, # 24 Exhibit K-3, # 25 Exhibit K-4, # 26 Exhibit L, # 27 Exhibit M, # 28 Exhibit N, # 29 Exhibit O, # 30 Exhibit P, # 31 Exhibit Q, # 32 Exhibit R, # 33 Exhibit S, # 34 Exhibit T, # 35 Exhibit U, # 36 Exhibit W, # 37 Exhibit X, # 38 Exhibit Y, # 39 Exhibit Z) (Montes, Mariliz). (Entered: 03/11/2015)
2015-03-04	38	Plaintiff's MOTION to Request the Court's Permission to Sign Up For and Use the MA Court's Electronic Filing System by Thomas Stalcup.(Montes, Mariliz) (Entered: 03/11/2015)
2015-03-20	39	MOTION to Stay Pending Further Search by Department of Defense Agency.(Sady, Michael) (Entered: 03/20/2015)
2015-03-20	40	District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. The Motion to Stay by defendant to permit further searching for documents responsive to Plaintiff's FOIA requests is ALLOWED. The Motions for Summary Judgment are terminated. In seventy days, Defendant shall either (a) file a joint report, in which Plaintiff concurs, that the additional search as resolved this lawsuit to the satisfaction of both parties or (b) file a request to reopen the motions for summary judgment along with a reply brief not to exceed five pages in which case Plaintiff can file a surreply not to exceed five pages within ten days of the filing of Defendant's reply. The Court anticipates no extensions in these deadlines. Plaintiff's Motion for permission to use the ECF system is ALLOWED, however, Plaintiff must comply with all the rules, regulations and policies governing ECF use.(Simeone, Maria) (Entered: 03/20/2015)
2015-03-23	41	Copy re 40 Electronic Order and a copy of the Docket Sheet mailed to Plaintiff via first class mail and certified mail (Ref# 6856) on 3/23/2015. (Montes, Mariliz) (Entered: 03/23/2015)
2015-03-30	42	Set Deadlines: Status Report due by 5/29/2015 (Simeone, Maria) (Entered: 03/30/2015)
2015-03-30	43	Set Deadlines: Status Report due by 5/29/2015 (Simeone, Maria) (Entered: 03/30/2015)
2015-03-31	44	Return receipt received for certified mail(Ref#6856) sent to Thomas Stalcup re. 41 . Delivered on 3/25/2015. (Montes, Mariliz) (Entered: 03/31/2015)
2015-05-27	45	Joint MOTION to Amend Court's March 20, 2015 Order by Department of Defense Agency.(Sady, Michael) (Entered: 05/27/2015)
2015-05-29	46	District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 45 Motion to Amend the filing date of the status report to 6/12/15. (Simeone, Maria) (Entered: 05/29/2015)
2015-05-29	47	Set Deadlines: Status Report due by 6/12/2015 (Simeone, Maria) (Entered: 05/29/2015)
2015-06-12	48	NOTICE by Department of Defense Agency of Request to Reopen Summary Judgment (Sady, Michael) (Entered: 06/12/2015)
2015-06-12	49	RESPONSE to Motion re 32 MOTION for Summary Judgment filed by Department of Defense Agency. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Sady, Michael) (Entered: 06/12/2015)
2015-06-18	50	Set Deadlines as to 32 MOTION for Summary Judgment, 35 MOTION for Summary Judgment.Responses due by 6/12/2015, Replies due by 6/19/2015. (Montes, Mariliz) (Entered: 06/18/2015)
2015-06-19	51	NOTICE by Thomas Stalcup (Stalcup, Thomas) (Entered: 06/19/2015)
2015-06-19	52	Proposed MOTION for Extension of Time to 06/23/2015 to File Response/Reply by Thomas Stalcup.(Stalcup, Thomas) (Entered: 06/19/2015)
2015-06-22	53	District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 52 Motion for Extension of Time to 6/23/15 to file Sur-reply. re 32 MOTION for Summary Judgment, 35 MOTION for Summary Judgment Responses due by 6/23/2015 (Simeone, Maria) (Entered: 06/22/2015)
2015-06-22	54	First SUR-REPLY to Motion re 27 MOTION for Summary Judgment filed by Thomas Stalcup. (Attachments: # 1 Exhibit Exhibit A)(Stalcup, Thomas) (Entered: 06/22/2015)
2015-06-25	55	NOTICE by Thomas Stalcup Leave for Overseas Travel (Stalcup, Thomas) (Entered: 06/25/2015)
2015-09-17	56	MOTION Leave to Depose Official(s) by Thomas Stalcup.(Stalcup, Thomas) (Entered: 09/17/2015)
2015-09-18	57	District Judge Leo T. Sorokin: MEMORANDUM AND ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT. As to the records request of the MDA, the DoD's Motion for Summary Judgment, Doc. No. 27, is ALLOWED and Stalcup's Motion for Summary Judgment, Doc. No. 32, is DENIED. The Motions otherwise remain under advisement. The DoD shall supplement the record as described above within 30 days of this Order. The plaintiff may respond 14 days thereafter. re 32 Motion for Summary Judgment (Simeone, Maria) (Entered: 09/18/2015)
2015-09-18	58	Set Deadlines: Supplemental Pleadings due by 10/19/2015. Response by 11/2/15 (Simeone, Maria) (Entered: 09/18/2015)
2015-09-29	59	Opposition re 56 MOTION Leave to Depose Official(s) filed by Department of Defense Agency. (Attachments: # 1 Exhibit A)(Sady, Michael) (Entered: 09/29/2015)
2015-09-30	60	District Judge Leo T. Sorokin: ELECTRONIC ORDER entered denying 56 Motion to depose DOD officials (Simeone, Maria) (Entered: 09/30/2015)
2015-10-07	61	NOTICE of Transcripts Request Form Filing (Attachments: # 1 Supplement Transcript Request Form)(Stalcup, Thomas) (Attachment 1 replaced on 10/9/2015) (Abaid, Kimberly). Modified on 1/26/2017 to edit correct description of pleading(Montes, Mariliz). (Entered: 10/07/2015)
2015-10-19	62	DECLARATION of Mark H. Herrington by Department of Defense Agency. (Sady, Michael) (Entered: 10/19/2015)
2015-10-19	63	CERTIFICATE OF SERVICE pursuant to LR 5.2 by Department of Defense Agency re 62 Declaration . (Sady, Michael) (Entered: 10/19/2015)
2015-11-02	64	Second MOTION for Discovery by Thomas Stalcup. (Attachments: # 1 Exhibit Ex A: Second Stalcup Declaration)(Stalcup, Thomas) (Entered: 11/02/2015)
2015-11-02	65	REPLY to Response to filed by Thomas Stalcup. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Stalcup, Thomas) (Entered: 11/02/2015)
2015-11-03	66	District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. Within fourteen days of the filing of Plaintiff's motion for discovery, defendant shall file its response, which include as well any responsive arguments to Plaintiff's reply to the supplemental affidavit filed by defendant. re 64 Second MOTION for Discovery filed by Thomas Stalcup (Simeone, Maria) (Entered: 11/03/2015)
2015-11-09	67	MOTION for Extension of Time to November 24, 2015 to File Response/Reply as to 64 Second MOTION for Discovery by Department of Defense Agency.(Sady, Michael) (Entered: 11/09/2015)
2015-11-13	68	District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 67 Motion for Extension of Time to File Response/Reply re 64 Second MOTION for Discovery Responses due by 11/24/2015 (Simeone, Maria) (Entered: 11/13/2015)
2015-11-24	69	Opposition re 64 Second MOTION for Discovery and Response to Reply filed by Department of Defense Agency. (Attachments: # 1 Fourth Declaration of Mark H. Herrington)(Sady, Michael) (Entered: 11/24/2015)
2015-11-25	70	First MOTION for Leave to File Amended Reply to Def. Supplement by Thomas Stalcup. (Attachments: # 1 Exhibit A. DOD Directive 5400.7-R)(Stalcup, Thomas) (Entered: 11/25/2015)
2015-12-07	71	RESPONSE to Motion re 70 First MOTION for Leave to File Amended Reply to Def. Supplement filed by Department of Defense Agency. (Sady, Michael) (Entered: 12/07/2015)
2016-01-27	72	District Judge Leo T. Sorokin: SUPPLEMENTAL ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT AND PLAINTIFFS SECOND MOTION TO TAKE DISCOVERY entered. As set forth above, DoD has satisfactorily complied with the Courts previous order. Because DoD has complied with the Plaintiffs requests, his Second Motion for Discovery, (Doc. 64), is DENIED. 2 After review of all the papers filed, the Plaintiffs Motion for Leave to File an Amended Reply, (Doc. 70), is DENIED. DoDs Motion for Summary Judgment is ALLOWED, (Doc. 27), and Plaintiffs Cross-Motion for Summary Judgment, (Doc. 32), is DENIED. The Clerk will enter an Order closing the case. (Simeone, Maria) Modified on 1/28/2016 (Simeone, Maria). (Entered: 01/28/2016)
2016-01-28	73	District Judge Leo T. Sorokin: CLOSING ORDER entered. re 72 Supplemental Order on Motions. (Simeone, Maria) (Entered: 01/28/2016)
2016-02-19	74	NOTICE OF APPEAL as to 72 Order on Motion for Discovery,,, Order on Motion for Leave to File,,, Order on Motion for Summary Judgment,, 73 Order, 57 Order on Motion for Summary Judgment,, by Thomas Stalcup NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf . Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf . US District Court Clerk to deliver official record to Court of Appeals by 3/10/2016. (Stalcup, Thomas) (Entered: 02/19/2016)
2016-02-19	75	NOTICE by Thomas Stalcup re 74 Notice of Appeal,,, (Stalcup, Thomas) (Entered: 02/19/2016)
2016-02-23	76	USCA Appeal Fees received $505 receipt number 1BST054457 re 74 Notice of Appeal, filed by Thomas Stalcup (Coppola, Katelyn) (Entered: 02/23/2016)
2016-02-24	77	Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re 74 Notice of Appeal. (Paine, Matthew) (Entered: 02/24/2016)
2016-02-25	78	USCA Case Number 16-1225 for 74 Notice of Appeal filed by Thomas Stalcup. (Paine, Matthew) (Entered: 02/25/2016)
2018-01-03	79	USCA Judgment as to 74 Notice of Appeal filed by Thomas Stalcup. VACATED IN PART and REMANED for further proceedings. (Paine, Matthew) (Entered: 01/05/2018)
2018-02-26	80	District Judge Leo T. Sorokin: ORDER entered.The Court orders the Department of Justice by March 30, 2018 , to file one or more further declarations: (1) addressing Stalcup's March 28, 2010 FOIA request to the Office of the Secretary of Defense and Joint Staff FOIA Requester Service Center and; (2) explaining whether all areas likely to have records responsive to all three requests were searched, or whether a further search would be unduly burdensome. On April 9, 2018 , the parties shall file a joint status report setting forth their joint or separate positions as to how this case should proceed. SO ORDERED. A copy of this Order has been mailed to the Plaintiff. (DOD's response by 3/30/2018; Status Report due by 4/9/2018 )(Montes, Mariliz) Modified on 2/26/2018 (Montes, Mariliz). (Entered: 02/26/2018)
2018-02-26	81	Set Deadlines as to DOD's Responses due by 3/30/2018. (Montes, Mariliz) (Entered: 02/26/2018)
2018-02-27	82	MANDATE of USCA as to 74 Notice of Appeal filed by Thomas Stalcup. Appeal 74 Terminated (Paine, Matthew) (Entered: 02/28/2018)
2018-03-29	83	MOTION for Extension of Time to 4/14/18 by Department of Defense Agency.(Sady, Michael) (Entered: 03/29/2018)
2018-04-02	84	First MOTION for Contempt FOR DEFENDANT FAILING TO COMPLY WITH THE COURT'S FEBRUARY 26, 2018 ORDER by Thomas Stalcup.(Stalcup, Thomas) (Entered: 04/02/2018)
2018-04-02	85	District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 83 Defendant's Motion to Extend Deadline by 14 days. Department of Justice to file one or more declarations by 4/14/2018. Parties' Joint Status Report to be filed by 4/24/2018. (Montes, Mariliz) (Entered: 04/02/2018)
2018-04-02	86	Reset Deadlines: Status Report due by 4/24/2018. (Montes, Mariliz) (Entered: 04/02/2018)
2018-04-03	87	District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. 84 Plaintiff's Motion for an Order to Hold the Defendant in Contempt of Court for Failure to Comply with the Court's 2/26/2018 Order is DENIED because the Court has extended the filing deadline. (Montes, Mariliz) (Entered: 04/03/2018)
2018-04-13	88	DECLARATION re 80 Order,,,, Set Deadlines,,, by Department of Defense Agency. (Sady, Michael) (Entered: 04/13/2018)
2018-04-20	89	MOTION for Extension of Time to 05/08/2018 to File Status Report by Thomas Stalcup.(Stalcup, Thomas) (Entered: 04/20/2018)
2018-04-23	90	District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 89 Plaintiff's Motion to Extend Deadline for Status Report. Parties' Status Report due by 5/8/2018. (Montes, Mariliz) (Entered: 04/23/2018)
2018-04-23	91	Reset Deadlines: Parties' Status Report due by 5/8/2018. (Montes, Mariliz) (Entered: 04/23/2018)
2018-05-08	92	STATUS REPORT by Department of Defense Agency. (Sady, Michael) (Entered: 05/08/2018)
2018-05-08	93	STATUS REPORT Joint Status Report by Thomas Stalcup. (Stalcup, Thomas) (Entered: 05/08/2018)
2018-05-18	94	District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. The defendant has filed a further declaration addressing deficiencies identified by the Circuit in its prior declarations. With the benefit of reviewing this supplemental information, the government urges the Court to enter summary judgment in its favor. In support of this request it files no motion, and provides no explanation, separate from the declaration, explaining why it is now entitled to summary judgment. This request is DENIED without prejudice to the United States filing an actual motion for summary judgment supported by an explanatory memorandum conforming with the applicable rules and to which the Plaintiff will have an opportunity to respond in the ordinary course. If the defendant elects to pursue this course, it shall file its motion for summary judgment by May 31, 2018 . Plaintiff requests discovery and identifies issues that he argues establish the further declaration is inadequate. The government elected to file no response to this argument laid out in Plaintiff's status report. Given the issues raised by Plaintiff, the Court believes they are most efficiently presented in the form of an opposition to the defendant's motion for summary judgment and, as appropriate, within the opposition an explanation of the discovery sought included the basis. This opposition is due twenty-one days after filing of the motion for summary judgment. The defendant may file a reply not to exceed seven pages within fourteen days after the filing of the opposition. If the government does not file a motion for summary judgment, Plaintiff may file a motion for discovery by June 10, 2018 .(Montes, Mariliz) (Entered: 05/18/2018)
2018-05-31	95	MOTION for Summary Judgment Renewed by Department of Defense Agency.(Sady, Michael) (Entered: 05/31/2018)
2018-05-31	96	MEMORANDUM in Support re 95 MOTION for Summary Judgment Renewed filed by Department of Defense Agency. (Sady, Michael) (Entered: 05/31/2018)
2018-06-01	97	Reset Deadlines as to 95 MOTION for Summary Judgment Renewed . Responses due by 6/29/2018 (Montes, Mariliz) (Entered: 06/01/2018)
2018-06-29	98	Opposition re 95 MOTION for Summary Judgment Renewed filed by Thomas Stalcup. (Stalcup, Thomas) (Entered: 06/29/2018)
2018-06-29	99	MEMORANDUM in Opposition re 95 MOTION for Summary Judgment Renewed filed by Thomas Stalcup. (Stalcup, Thomas) (Entered: 06/29/2018)
2018-06-29	100	Third AFFIDAVIT of Thomas Stalcup in Opposition re 95 MOTION for Summary Judgment Renewed filed by Thomas Stalcup. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Stalcup, Thomas) (Entered: 06/29/2018)
2018-06-29	101	Third MOTION for Discovery by Thomas Stalcup.(Stalcup, Thomas) (Entered: 06/29/2018)
2018-07-11	102	Assented to MOTION for Extension of Time to Reply to Plaintiff's Opposition to Defendant's Renew Motion to Dismiss to File Response/Reply by Department of Defense Agency.(Sady, Michael) (Entered: 07/11/2018)
2018-07-11	103	District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 102 Defendant's Assented-To Motion for Extension of Time to File a Reply in Response to 98 Plaintiff's Opposition to 95 MOTION for Summary Judgment Renewed . Replies due by 7/24/2018. (Montes, Mariliz) (Entered: 07/11/2018)
2018-07-24	104	REPLY to Response to 95 MOTION for Summary Judgment Renewed filed by Department of Defense Agency. (Sady, Michael) (Entered: 07/24/2018)
2018-07-26	105	MOTION for Leave to File Surreply by Thomas Stalcup.(Stalcup, Thomas) (Entered: 07/26/2018)
2018-07-26	106	District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. Allowed, limited to 5 pages. No further briefing.granting 105 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Simeone, Maria) (Entered: 07/26/2018)
2018-08-02	107	SUR-REPLY to Motion re 95 MOTION for Summary Judgment Renewed filed by Thomas Stalcup. (Stalcup, Thomas) (Entered: 08/02/2018)
2018-10-12	108	District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. Since the filing of this case, the magistrate judge assigned to this case has retired. Accordingly, the Clerk shall randomly assign another magistrate judge to this case.(Montes, Mariliz) (Entered: 10/12/2018)
2018-10-12	109	ELECTRONIC NOTICE of Case Assignment. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (Finn, Mary) (Entered: 10/12/2018)
2018-10-15	110	District Judge Leo T. Sorokin: MEMORANDUM AND ORDER entered. 95 Department of Defense ("DOD") Renewed Motion for Summary Judgment is DENIED WITHOUT PREJUDICE. 101 Stalcup's Motion for Discovery is DENIED WITHOUT PREJUDICE. DOD shall have thirty days to submit further affidavit(s) that provide further detail about the design of its searches of the MDA, the OSD, and the Joint Staff sufficient to demonstrate beyond material doubt that its search was reasonably calculated to uncover all relevant documents, Nation Magazine , 71 F.3d at 890, in the ways described in this Order. With these affidavit(s), DOD may file a renewed motion for summary judgment witha memorandum limited to ten pages. Stalcup may file an opposition, limited to ten pages, due fourteen days after DOD's filing. DOD may file a reply limited to four pages within seven days thereafter. If the Court denies the renewed motion for summary judgment, its order will direct the parties to submit their joint or separate proposals for discovery. (Montes, Mariliz) (Entered: 10/15/2018)
2018-10-15	111	Set Deadlines: DOD's further affidavit (per 110 Order) due by 11/14/2018. (Montes, Mariliz) (Entered: 10/16/2018)
2018-11-08	112	MOTION for Extension of Time to 11/21/18 to File Second Renewed Motion for Summary Judgment by Department of Defense Agency.(Sady, Michael) (Entered: 11/08/2018)
2018-11-08	113	Opposition re 112 MOTION for Extension of Time to 11/21/18 to File Second Renewed Motion for Summary Judgment filed by Thomas Stalcup. (Stalcup, Thomas) (Entered: 11/08/2018)
2018-11-13	114	District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 112 Motion for Extension of Time to File Second Renewed Motion for Summary Judgment. There are, however, no further extensions in this deadline. Motion for Summary Judgment to be filed by 11/21/2018. (Montes, Mariliz) (Entered: 11/13/2018)
2018-11-13	115	Reset Deadlines: motion for summary judgment due by 11/21/2018 (Montes, Mariliz) (Entered: 11/13/2018)
2018-11-19	116	MOTION to Stay by Department of Defense Agency.(Sady, Michael) (Entered: 11/19/2018)
2018-11-20	117	Opposition re 116 MOTION to Stay filed by Thomas Stalcup. (Stalcup, Thomas) (Entered: 11/20/2018)
2018-11-20	118	Supplemental Opposition re 116 MOTION to Stay filed by Thomas Stalcup. (Stalcup, Thomas) (Entered: 11/20/2018)
2018-11-21	119	MOTION for Summary Judgment by Department of Defense Agency.(Sady, Michael) (Entered: 11/21/2018)
2018-11-21	120	MEMORANDUM in Support re 119 MOTION for Summary Judgment filed by Department of Defense Agency. (Attachments: # 1 Exhibit)(Sady, Michael) (Entered: 11/21/2018)
2018-11-21	121	District Judge Leo T. Sorokin: ORDER entered denying 116 Motion to Stay; denying 119 Motion for Summary Judgment.The parties shall file a joint status report by March 8, 2019, stating whether one or both parties intends to file for summary judgment. (Garvin, Brendan) (Entered: 11/21/2018)
2018-11-26	122	NOTICE of Appearance by Rayford A. Farquhar on behalf of Department of Defense Agency (Farquhar, Rayford) (Entered: 11/26/2018)
2018-11-30	123	Re. 121 : Joint Status Report due by 3/8/2019. (Montes, Mariliz) (Entered: 11/30/2018)
2019-01-28	124	First MOTION for Extension of Time to 06/01/2019 to Complete Discovery by Thomas Stalcup.(Stalcup, Thomas) (Entered: 01/28/2019)
2019-01-29	125	District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. The Government shall file a brief response to 124 First MOTION for Extension of Time to 06/01/2019 to Complete Discovery by Friday, February 1, 2019. Set Deadlines as to 124 First MOTION for Extension of Time to 06/01/2019 to Complete Discovery .( Responses due by 2/1/2019)(Montes, Mariliz) (Entered: 01/29/2019)
2019-02-01	126	NOTICE of Withdrawal of Appearance by Michael P. Sady (Sady, Michael) (Entered: 02/01/2019)
2019-02-01	127	RESPONSE to Motion re 124 First MOTION for Extension of Time to 06/01/2019 to Complete Discovery filed by Department of Defense Agency. (Farquhar, Rayford) (Entered: 02/01/2019)
2019-02-04	128	District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. ALLOWED. Although, in fact, Local Rule 7.1(a)(2) does not by its terms apply to a pro se party filing a motion as it states "[n]o motion shall be filed unless counsel certify that they conferred...", L.R. 7.1(a)(2)(emphasis added),, the Court concurs that Mr. Stalcup and Attorney Farquhar should confer prior to filing any motions and that such conferrals will likely lead to narrowing any issues presented to the Court. re 124 Motion for Extension of Time to Complete Discovery Discovery to be completed by 6/1/2019 (Simeone, Maria) (Entered: 02/04/2019)
2019-02-21	129	District Judge Leo T. Sorokin: ORDER entered. REFERRING CASE to Magistrate Judge Donald L. Cabell Referred for a (1) status conference as well as any proceedings regarding pro se Plaintiff's request for subpoenas and (2) all discovery matters.(Montes, Mariliz) (Entered: 02/21/2019)
2019-02-26	130	ELECTRONIC NOTICE of Hearing. Status Conference set for 3/7/2019 at 10:00 AM in Courtroom 23 before Magistrate Judge Donald L. Cabell. (Russo, Noreen) (Entered: 02/26/2019)
2019-03-07	131	Electronic Clerk's Notes for proceedings held before Magistrate Judge Donald L. Cabell: Status Conference held on 3/7/2019. The court gets an update from the parties. Court asks plaintiff to file a motion for a subpoena. The parties indicate 30(b)(6) depositions set for 3.13. Given the status conference set today no status report need be filed (previously due 3.8.19). (Court Reporter: Digital Recording.) To order a copy of this Digital Recording, please go to https://www.mad.uscourts.gov/caseinfo/transcripts.htm#audio-recordings . For a transcript of this proceeding, contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov.(Attorneys Farquhar) (Russo, Noreen) (Entered: 03/07/2019)
2019-03-07	132	First MOTION to Compel Depositions by Thomas Stalcup. (Attachments: # 1 Exhibit A: Notice of Depositions, # 2 Exhibit B: Response to Notice of Depositions)(Stalcup, Thomas) (Entered: 03/07/2019)
2019-03-08	133	Magistrate Judge Donald L. Cabell: ELECTRONIC ORDER entered denying in part 132 Motion to Compel. At the court hearing on March 7, 2019, the court understood the discussion regarding the depositions to take place on March 13th in Washington to relate only to six specific Rule 30(b)(6) depositions. To that extent, the court understands that counsel for the government agreed to make all six designees available for deposition. As near as the court can glean from the plaintiff's motion, the plaintiff now seeks to proceed differently. It appears that the plaintiff now seeks to conduct four of the six Rule 30(b)(6) depositions, and to depose DoD employee Mark Herrington, a non Rule 30(b)(6) designee. Assuming that is correct, there is no basis to compel the four Rule 30(b)(6) designees to appear where there is no basis to fear they will not appear as discussed and as promised by counsel for the government. Accordingly, that portion of the motion is denied. With respect to Mr. Herrington, the court does not believe it has sufficient information to issue an informed ruling. Counsel for the government is requested to provide additional information to the court concerning the government's position as to (1) whether it objects to making Mr. Herrington available for deposition at all, and (2) assuming it does not object, whether he could be made available on March 13th, and (3) assuming he could be made available for deposition but just not on the 13th, when he could be made available. The court asks that the government respond by 4:00 p.m. on Monday, March 11, 2019. (Russo, Noreen) (Entered: 03/08/2019)
2019-03-08	134	RESPONSE to Motion re 132 First MOTION to Compel Depositions filed by Department of Defense Agency. (Attachments: # 1 Exhibit 1)(Farquhar, Rayford) (Entered: 03/08/2019)
2019-03-12		Case reopened. (Garvin, Brendan) (Entered: 03/12/2019)
2019-03-19	135	Motion from Plaintiff requesting subpoenas. (Stalcup, Thomas) Modified on 3/20/2019 (Russo, Noreen). (Entered: 03/19/2019)
2019-03-22	136	Motion for four subpoenas . (Stalcup, Thomas) Modified on 3/25/2019 (Russo, Noreen). (Entered: 03/22/2019)
2019-03-25	137	Notice of correction to docket made by Court staff. Per Magistrate Judge Cabell Docket nos. 135 and 136, originally filed on CM/ECF under the entry: letters / request, will be treated as motions. Defendant to respond on or before April 2, 2019. (Russo, Noreen) (Entered: 03/25/2019)
2019-03-26	138	Letter/request (non-motion) from -- Request for clarification for summons to issue . (Stalcup, Thomas) (Entered: 03/26/2019)
2019-04-02	139	MOTION to Quash Subpoenas by Department of Defense Agency.(Farquhar, Rayford) (Entered: 04/02/2019)
2019-04-04	140	Magistrate Judge Donald L. Cabell: ELECTRONIC ORDER entered granting 135 and 136 Motion for subpoenas; denying 139 Motion to Quash. Plaintiff has requested the issuance of four non-party subpoenas pursuant to Fed. R. Civ. P. 45(a) and (e). Rule 45(a)(1)(3) provides that the clerk must issue a requested subpoena, signed but otherwise in blank, to the requesting party, who then must complete and serve it. The Defendant has filed a Motion to Quash the subpoenas pursuant to Rule 45(d)(3) but the motion is premature where the subpoenas have been issued but have not yet been served. The motion to quash the subpoenas is therefore DENIED as premature. The court accordingly does not reach the merits of the defendants argument, or the question of whether the government has standing to move to quash subpoenas served on non-party, non-government employees. The court will deal with these and related issues when and as they become appropriate, that is, when and if the plaintiff has served the subpoenas and challenges to their compliance have been raised. (Russo, Noreen) (Entered: 04/04/2019)
2019-04-04	141	NOTICE of Change of Address or Firm Name by Thomas Stalcup (Stalcup, Thomas) (Entered: 04/04/2019)
2019-04-30	142	Letter/request (non-motion) from Plaintiff requesting 3 subpoenas . (Stalcup, Thomas) (Entered: 04/30/2019)
2019-04-30	143	Second MOTION for Extension of Time to 08/01/2019 to Conduct Discovery by Thomas Stalcup.(Stalcup, Thomas) Modified on 6/20/2019 (Simeone, Maria). (Entered: 04/30/2019)
2019-05-02	144	ELECTRONIC NOTICE of Hearing. Status Conference set for 5/16/2019 at 03:00 PM in Courtroom 23 before Magistrate Judge Donald L. Cabell. The parties should be prepared to discuss the status of discovery and 143 Second MOTION for Extension of Time to 08/01/2019 to Conduct Discovery. The parties are reminded to include a L.R. 7.1 certification with all motions. In the future motions absent the certification will be denied without prejudice. (Russo, Noreen) (Entered: 05/02/2019)
2019-05-15	145	Plaintiff's Memorandum to Support Status Conference Hearing Discussions by Thomas Stalcup. (Attachments: # 1 Exhibit A)(Stalcup, Thomas) Modified on 5/16/2019 to correct description (Montes, Mariliz). (Entered: 05/15/2019)
2019-05-16	146	Electronic Clerk's Notes for proceedings held before Magistrate Judge Donald L. Cabell: Status Conference held on 5/16/2019. The court will allow 4 subpoenas to issue and also an extension of discovery only for the subpoenas / depositions and written discovery which may directly flow from those subpoenas / depositions. All other scheduling order deadlines remain the same. If more subpoenas are requested Mr. Stalcup should seek court permission. (Court Reporter: Digital Recording.) To order a copy of this Digital Recording, please go to https://www.mad.uscourts.gov/caseinfo/transcripts.htm#audio-recordings . For a transcript of this proceeding, contact Demail at deborah_scalfani@mad.uscourts.gov.(Attorneys present: Stalcup (pro se) Farquhar) (Russo, Noreen) (Entered: 05/16/2019)
2019-05-31	147	MOTION for Clarification of officer holding deposition by Thomas Stalcup.(Stalcup, Thomas) (Entered: 05/31/2019)
2019-07-26	152	NOTICE of Appearance by James H. Rotondo on behalf of James Sheridan (Rotondo, James) (Entered: 07/26/2019)
2019-07-26	153	NOTICE of Appearance by Keith H. Bensten on behalf of James Sheridan (Bensten, Keith) (Entered: 07/26/2019)
2019-07-26	154	MOTION for Protective Order by Non-Party Deponent James J. Sheridan by James Sheridan. (Attachments: # 1 Exhibit A (Draft Protective Order))(Rotondo, James) (Entered: 07/26/2019)
2019-07-26	155	MEMORANDUM in Support re 154 MOTION for Protective Order by Non-Party Deponent James J. Sheridan filed by James Sheridan. (Attachments: # 1 Exhibit A (Declaration of James J. Sheridan), # 2 Exhibit B (Declaration of James H. Rotondo))(Rotondo, James) (Entered: 07/26/2019)
2019-07-29	156	First MOTION for Leave to File Opposition Motion to Sheridan Protective Order Motion by Thomas Stalcup. (Attachments: # 1 Affidavit)(Stalcup, Thomas) (Entered: 07/29/2019)
2019-07-30	157	Opposition re 156 First MOTION for Leave to File Opposition Motion to Sheridan Protective Order Motion filed by James Sheridan. (Attachments: # 1 Exhibit A - Declaration of James H. Rotondo)(Rotondo, James) (Entered: 07/30/2019)
2019-07-30	158	MOTION for Extension of Time to November 8, 2019 to Complete Discovery by Thomas Stalcup. (Attachments: # 1 Affidavit, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit G, # 6 Exhibit H, # 7 Exhibit I, # 8 Exhibit J, # 9 Exhibit K, # 10 Exhibit L, # 11 Exhibit M, # 12 Exhibit N, # 13 Exhibit O, # 14 Exhibit P, # 15 Exhibit Q, # 16 Exhibit R, # 17 Exhibit S, # 18 Exhibit T, # 19 Exhibit V, # 20 Exhibit W, # 21 Exhibit X, # 22 Exhibit Y, # 23 Exhibit Z, # 24 Exhibit AA, # 25 Exhibit BB, # 26 Exhibit CC, # 27 Exhibit DD, # 28 Exhibit EE)(Stalcup, Thomas) (Entered: 07/30/2019)
2019-07-31	159	Notice of Supplemental Authorities re 158 MOTION for Extension of Time to November 8, 2019 to Complete Discovery filed by Thomas Stalcup. (Stalcup, Thomas) (Entered: 07/31/2019)
2019-08-01	160	ELECTRONIC NOTICE of Hearing. Status Conference set for 8/8/2019 02:30 PM in Courtroom 23 before Magistrate Judge Donald L. Cabell. (Garvin, Brendan) (Entered: 08/01/2019)
2019-08-07	162	Opposition re 158 MOTION for Extension of Time to November 8, 2019 to Complete Discovery filed by Department of Defense Agency. (Farquhar, Rayford) (Entered: 08/07/2019)
2019-08-07	163	Second Notice of Supplemental Authorities re 158 MOTION for Extension of Time to November 8, 2019 to Complete Discovery (Attachments: # 1 Affidavit, # 2 Exhibit A, # 3 Exhibit B)(Stalcup, Thomas) (Entered: 08/07/2019)
2019-08-08	165	Electronic Clerk's Notes for proceedings held before Magistrate Judge Donald L. Cabell: Status Conference held on 8/8/2019. (Court Reporter: Digital Recording.) To order a copy of this Digital Recording, please go to https://www.mad.uscourts.gov/caseinfo/transcripts.htm#audio-recordings . For a transcript of this proceeding, contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov.(Attorney, Farquhar, Rotondo) (Russo, Noreen) (Entered: 08/14/2019)
2019-08-09	164	Joint MOTION for Protective Order by Jerry Krill. (Attachments: # 1 Text of Proposed Order)(Batter, John) (Entered: 08/09/2019)
2019-08-14	166	Magistrate Judge Donald L. Cabell: ELECTRONIC ORDER entered granting 164 Joint Motion for Protective Order (Russo, Noreen) (Entered: 08/14/2019)
2019-08-14	167	Magistrate Judge Donald L. Cabell: ORDER entered. STIPULATED PROTECTIVE ORDER. (Russo, Noreen) (Entered: 08/14/2019)
2019-09-23	168	Letter/request (non-motion) from Plaintiff Stalcup for one subpoena for Philip Coyle . (Stalcup, Thomas) (Entered: 09/23/2019)
2019-10-02	169	Letter/request (non-motion) from Plaintiff Stalcup for three subpoenas . (Stalcup, Thomas) (Entered: 10/02/2019)
2019-10-09	170	Letter/request (non-motion) from Plaintiff Stalcup for one document-only subpoena for the FBI . (Stalcup, Thomas) (Entered: 10/09/2019)
2019-10-10	171	Magistrate Judge Donald L. Cabell: ELECTRONIC ORDER entered re 170 Letter/request (non-motion) from Plaintiff Stalcup for one document-only subpoena for the FBI. The court declines to authorize issuance of the requested subpoena seeking information from the FBI without additional information supporting the plaintiff's assertion that DOJ policy recommends "that discovery' in the instant action is the proper vehicle to obtain these records in a timely fashion." The plaintiff cites to Mitsubishi Electric but that case would appear to be distinguishable on a number of grounds, including that the plaintiff was already involved in a lawsuit against the governmental entity from whom it sought information and therefore was entitled to avail itself of the discovery process. In that regard, it bears reminding that the present matter relates to an action involving the Department of Defense, a wholly different governmental department. (Russo, Noreen) Modified on 10/10/2019 to fix formatting issues (Russo, Noreen). (Entered: 10/10/2019)
2019-10-17	172	Letter/request (non-motion) from Plaintiff Stalcup requesting a status conference hearing . (Stalcup, Thomas) (Entered: 10/17/2019)
2019-10-22	173	ELECTRONIC NOTICE of Hearing. Telephone Conference set for 10/30/2019 at 02:00 PM in Courtroom 23 before Magistrate Judge Donald L. Cabell. The parties should call into 888-278-0296 (Access Code: 6533617) at least 5 minutes before the hearing. (Russo, Noreen) (Entered: 10/22/2019)
2019-10-29	174	MOTION to Withdraw as Attorney and Remove Jerry Krill by Jerry Krill.(Batter, John) (Entered: 10/29/2019)
2019-10-30	175	Magistrate Judge Donald L. Cabell: ELECTRONIC ORDER entered granting 174 Motion to Withdraw as Attorney and Remove Jerry Krill. Attorney John F. Batter, III and deponent Jerry Krill terminated. (Russo, Noreen) (Entered: 10/30/2019)
2019-10-30	176	Electronic Clerk's Notes for proceedings held before Magistrate Judge Donald L. Cabell: Telephone Conference held on 10/30/2019. The DOD and the court suggest alternatives to obtaining the subpoena but after hearing from the plaintiff will authorize the document only subpoena. (Court Reporter: Digital Recording.) To order a copy of this Digital Recording, please go to http://www.mad.uscourts.gov/attorneys/Magisudio.htm . For a transcript of this proceeding, contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov.(Attorneys present: Stalcup (pro se) Farquhar) (Russo, Noreen) (Entered: 10/31/2019)
2019-11-01	177	Magistrate Judge Donald L. Cabell: ELECTRONIC ORDER entered finding as moot 147 MOTION for Clarification of officer holding deposition ; finding as moot 156 First MOTION for Leave to File Opposition Motion to Sheridan Protective Order Motion. (Russo, Noreen) (Entered: 11/01/2019)
2019-11-01	179	Magistrate Judge Donald L. Cabell: ELECTRONIC ORDER entered finding as moot 154 Motion for Protective Order. As the plaintiff agreed to honor the proposed protective order provisions. (Russo, Noreen) (Entered: 11/01/2019)
2019-11-01	180	Magistrate Judge Donald L. Cabell: ELECTRONIC ORDER entered granting in part and denying in part 158 Motion for Extension of Time to Complete Discovery. On October 30, 2019, the court held a telephone conference where it authorized one additional document-only subpoena and signaled the parties that discovery may be complete once any issues surrounding the subpoena have been resolved. The parties shall report on the status of the subpoena by cob November 22, 2019. (Russo, Noreen) (Entered: 11/01/2019)
2019-11-04	181	Letter/request (non-motion) from Plaintiff Stalcup for an assented-to, replacement subpoena . (Stalcup, Thomas) (Entered: 11/04/2019)
2019-11-22	182	STATUS REPORT - JOINT STATUS REPORT - by Thomas Stalcup. (Stalcup, Thomas) (Entered: 11/22/2019)
2019-12-24	183	Magistrate Judge Donald L. Cabell: ELECTRONIC ORDER entered. The parties shall file a joint status report by cob 1/6/20.(Russo, Noreen) (Entered: 12/24/2019)
2020-01-06	184	STATUS REPORT [Joint Status Report] by Thomas Stalcup. (Stalcup, Thomas) (Entered: 01/06/2020)
2020-01-16	185	Magistrate Judge Donald L. Cabell: ELECTRONIC ORDER entered. The parties shall file a joint status report by cob January 23, 2020.(DLC, law3) (Entered: 01/16/2020)
2020-01-23	186	STATUS REPORT (Joint) by Thomas Stalcup. (Stalcup, Thomas) (Entered: 01/23/2020)
2020-03-06	187	ELECTRONIC NOTICE of Hearing. Telephone Status Conference set for 3/11/2020 10:45 AM in Courtroom 23 before Magistrate Judge Donald L. Cabell. The parties should call 888-278-0296 (Access Code: 6533617) at least 5 minutes before the hearing. (Russo, Noreen) (Entered: 03/06/2020)
2020-03-11	188	Electronic Clerk's Notes for proceedings held before Magistrate Judge Donald L. Cabell: Telephone Conference held on 3/11/2020. The parties note that there was some slow down due to the holidays and some issues of copying audio. There is a further production that is likely to be turned over soon. Att. Farquhar expects next week and notes that he will be asking the court for a protective order. The court hears more about the nature of the discovery to date and asks that going forward that the court be informed about requests to an agency. The parties to file a joint status report by cob April 1, 2020 outlining the status of discovery what exactly is outstanding. (Court Reporter: Digital Recording.) To order a copy of this Digital Recording, please go to https://www.mad.uscourts.gov/caseinfo/transcripts.htm#audio-recordings . For a transcript of this proceeding, contact Deborah Scalfani by email at 64;mad.uscourts.gov.(Attorneys present (by phone): Stalcup (pro se) Farquhar) (Russo, Noreen) (Entered: 03/11/2020)
2020-04-07	189	STATUS REPORT - ASSENTED TO by Thomas Stalcup. (Stalcup, Thomas) (Entered: 04/07/2020)
2020-04-08	190	ELECTRONIC NOTICE of Hearing. Telephone Conference set for 4/15/2020 02:15 PM in Courtroom 23 before Magistrate Judge Donald L. Cabell. The parties should call 888-278-0296 (Access Code: 6533617) at least 5 minutes before the hearing.(Russo, Noreen) (Entered: 04/08/2020)
2020-04-13	191	PLAINTIFF'S MEMORANDUM SUPPORTING STATUS CONFERENCE HEARING DISCUSSIONS by Thomas Stalcup. (Attachments: # 1 Affidavit Stalcup's Ninth Declaration, # 2 Exhibit Exhibit A: Affidavit of MIT Professor Thomas Eagar)(Stalcup, Thomas) Modified on 4/13/2020 to correct description of filing (Montes, Mariliz). (Entered: 04/13/2020)
2020-04-15	192	Proposed Document(s) submitted by Department of Defense Agency. Document received: Privacy Act Order Regarding Protected Material. (Farquhar, Rayford) (Entered: 04/15/2020)
2020-04-15	193	Electronic Clerk's Notes for proceedings held before Magistrate Judge Donald L. Cabell: Telephone Conference held on 4/15/2020. The court goes over the status of discovery and notes that discovery could be close to finalized. Mr. Stalcup to review the proposed order filed today and let the court know if it is acceptable asap. If so, the court will endorse and the FBI discovery could be turned over within a week. The court asks Mr. Stalcup to file a status report within 2 weeks. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present all by telephone: Stalcup (Pro Se), Farquhar) (Russo, Noreen) (Entered: 04/15/2020)
2020-04-22	194	NOTICE by Thomas Stalcup including a supplement to his recent pre-hearing memorandum. (Attachments: # 1 Text of Proposed Order Privacy Act Order Regarding Protected Material)(Stalcup, Thomas) (Entered: 04/22/2020)
2020-04-22	195	ELECTRONIC NOTICE of Hearing.Brief Further Telephone Conference set for 4/24/2020 at 12:30 PM in Courtroom 23 before Magistrate Judge Donald L. Cabell. The parties should call 888-278-0296 (Access Code: 6533617) at least 5 minutes before the hearing.(Russo, Noreen) (Entered: 04/22/2020)
2020-04-24	196	Electronic Clerk's Notes for proceedings held before Magistrate Judge Donald L. Cabell: Remote Telephone Status Conference held on 4/24/2020. The court clarifies some issues with the parties. The parties to let the court know if they have an agreed upon protective order for the court to endorse. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Stalcup (pro se) Farquhar) (Russo, Noreen). (Entered: 04/24/2020)
2020-04-27	197	MOTION for Limited Admission Motion for Leave for Limited Representation on behalf of Pro Se Plaintiff by Thomas Stalcup.(Marashian, Mardic) Modified on 1/5/2021 (Simeone, Maria). (Entered: 04/27/2020)
2020-04-27	198	MOTION for Leave to Appear Pro Hac Vice for admission of Samuel M. Leaf Filing fee: $ 100, receipt number 0101-8213890 by Thomas Stalcup. (Attachments: # 1 Affidavit)(Marashian, Mardic) (Entered: 04/27/2020)
2020-04-27	199	District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 198 Motion for Leave to Appear Pro Hac Vice Added Samuel M. Leaf. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Montes, Mariliz) (Entered: 04/27/2020)
2020-05-01	200	Magistrate Judge Donald L. Cabell: ORDER entered. PRIVACY ACT ORDER REGARDING PROTECTED MATERIAL. (Russo, Noreen) (Entered: 05/01/2020)
2020-05-04	201	STATUS REPORT FILED JOINTLY by Department of Defense Agency. (Farquhar, Rayford) (Entered: 05/04/2020)
2020-05-12	202	Transcript of Teleconference held on April 15, 2020, before Magistrate Judge Donald L. Cabell. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Kelly Mortellite at mortellite@gmail.com Redaction Request due 6/2/2020. Redacted Transcript Deadline set for 6/12/2020. Release of Transcript Restriction set for 8/10/2020. (Scalfani, Deborah) (Entered: 05/12/2020)
2020-05-12	203	Transcript of Teleconference held on April 24, 2020, before Magistrate Judge Donald L. Cabell. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Kelly Mortellite at mortellite@gmail.com Redaction Request due 6/2/2020. Redacted Transcript Deadline set for 6/12/2020. Release of Transcript Restriction set for 8/10/2020. (Scalfani, Deborah) (Entered: 05/12/2020)
2020-05-12	204	NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) (Entered: 05/12/2020)
2020-06-04	205	MOTION to Quash FIVE SUBPOENAS SERVED BY THE PLAINTIFF by Department of Defense Agency. (Attachments: # 1 Exhibit)(Farquhar, Rayford) (Entered: 06/04/2020)
2020-06-05	206	Magistrate Judge Donald L. Cabell: ELECTRONIC ORDER entered re 205 MOTION to Quash FIVE SUBPOENAS SERVED BY THE PLAINTIFF filed by Department of Defense Agency. Any response to this motion shall be filed by cob 6/10/20. (Russo, Noreen) (Entered: 06/05/2020)
2020-06-05	207	ELECTRONIC NOTICE Setting Hearing on Motion 205 MOTION to Quash FIVE SUBPOENAS SERVED BY THE PLAINTIFF : Motion Hearing set for 6/12/2020 at 12:00 PM before Magistrate Judge Donald L. Cabell. The hearing will be by telephone. The parties shall call into 888-278-0296 (Access Code: 6533617) at least 5 minutes before the hearing is set to begin. (Russo, Noreen) (Entered: 06/05/2020)
2020-06-08	208	Second MOTION for Summary Judgment (Renewed) by Department of Defense Agency.(Farquhar, Rayford) (Entered: 06/08/2020)
2020-06-08	209	Second MEMORANDUM in Support re 208 Second MOTION for Summary Judgment (Renewed) filed by Department of Defense Agency. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Farquhar, Rayford) (Entered: 06/08/2020)
2020-06-10	210	MEMORANDUM in Opposition re 205 MOTION to Quash FIVE SUBPOENAS SERVED BY THE PLAINTIFF filed by Thomas Stalcup. (Leaf, Samuel) (Entered: 06/10/2020)
2020-06-10	211	AFFIDAVIT in Opposition re 205 MOTION to Quash FIVE SUBPOENAS SERVED BY THE PLAINTIFF filed by Thomas Stalcup. (Leaf, Samuel) (Entered: 06/10/2020)
2020-06-12	212	Electronic Clerk's Notes for proceedings held before Magistrate Judge Donald L. Cabell: Motion Hearing held on 6/12/2020 re 205 MOTION to Quash FIVE SUBPOENAS SERVED BY THE PLAINTIFF filed by Department of Defense Agency. After arguments from the parties the court will take the matter under advisements. The parties may submit brief supplemental filings by cob June 19, 2020. (Court Reporter: Kathleen Silva at kathysilva@verizon.net.)(Attorneys present: Farquhar, Leaf) (Russo, Noreen) (Entered: 06/12/2020)
2020-06-16	213	NOTICE by Department of Defense Agency re 212 Motion Hearing,, GOVERNMENTS RESPONSE TO THE COURTS REQUEST FOR FURTHER CLARIFICATION REGARDING ITS FED. R. CIV. P. 45 ARGUMENT (Attachments: # 1 Exhibit 1)(Farquhar, Rayford) (Entered: 06/16/2020)
2020-06-19	214	RESPONSE to Motion re 205 MOTION to Quash FIVE SUBPOENAS SERVED BY THE PLAINTIFF filed by Thomas Stalcup. (Leaf, Samuel) (Entered: 06/19/2020)
2020-06-25	215	First MOTION for Extension of Time to August 2, 2020 to File Response/Reply as to 209 Memorandum in Support of Motion, 208 Second MOTION for Summary Judgment (Renewed) by Thomas Stalcup.(Leaf, Samuel) (Entered: 06/25/2020)
2020-07-14	216	Magistrate Judge Donald L. Cabell: ELECTRONIC ORDER entered granting 215 First MOTION for Extension of Time to August 2, 2020 to File Response/Reply as to 209 Memorandum in Support of Motion, 208 Second MOTION for Summary Judgment (Renewed) Responses due by 8/3/2020 (Russo, Noreen) (Entered: 07/14/2020)
2020-07-23	217	Magistrate Judge Donald L. Cabell: ELECTRONIC ORDER entered granting 205 Motion to Quash. Almost two years ago, on November 21, 2018, the court authorized the plaintiff to engage in limited discovery principally to determine whether the Department of Defense (DoD) had conducted a reasonably thorough search for information responsive to the plaintiffs FOIA request. (D. 121). As the parties are well aware, though, the scope of the discovery the plaintiff has requested and sometimes obtained has been much broader at times, and has included several subpoenas to non-DoD entities for depositions and non-DoD documents, seemingly with the at least co-incidental goal of furthering the plaintiff's underlying factual investigation. Generally speaking, the government has not always endorsed these requests but it has on several occasions facilitated their execution, in large part based on the stated desire to facilitate the collection of information to bring the long-running litigation to an amicable close. As such, the parties have since 2018 engaged in fairly extensive discovery and conducted depositions in several different states and locations. In April 2019, however, the government, essentially losing patience, moved to quash four subpoenas the plaintiff sought to serve on non-DoD entities. This court denied the government's motion but subsequently instructed the plaintiff in May 2019 to seek court permission before issuing any additional subpoenas. (D. 146). The plaintiff has largely complied with that requirement but most recently, on May 27, 2020, served five new subpoenas on the FBI seeking depositions and records. The plaintiff issued the subpoenas without seeking court permission, that is, in contravention of the court's prior order, prompting the present motion to quash. Against that backdrop, it is appropriate to quash the subpoenas for at least three reasons. First, the plaintiff did not seek leave of court before issuing the subpoenas and the court therefore, may quash the subpoenas as a function of its authority to enforce its orders, notwithstanding that this court is not the court of compliance for these subpoenas. See, e.g., Tower Ventures, Inc. v. City of Westfield , 53 Fed. R. Serv. 3d 43, 45 (1st Cir. 2002) (civil rules afford district courts substantial authority to enforce case-management orders). Second, the plaintiff has not persuaded the court that any of the information sought is likely to bear on the narrow issue in this case, namely the adequacy of the DoD's response to the plaintiff's FOIA request. The plaintiff suggests that FBI deponents may be able to educate the DoD on where additional documents might be found but this statement amounts to nothing more than hopeful conjecture, and certainly falls short of being sufficient to compel the depositions of a non-party. Finally, and more practically, the government has recently moved anew for summary judgment. (D. 208). Because the resolution of that motion, which the plaintiff has yet to respond to, will inform on whether the discovery sought (or any further discovery) is warranted, no further discovery should take place until the motion for summary judgment has been resolved. (Russo, Noreen) (Entered: 07/23/2020)
2020-08-03	218	MEMORANDUM in Opposition re 208 Second MOTION for Summary Judgment (Renewed) filed by Thomas Stalcup. (Attachments: # 1 Affidavit Aff of Thomas Stalcup)(Marashian, Mardic) (Entered: 08/03/2020)
2020-08-05	219	Amended MEMORANDUM in Opposition re 208 Second MOTION for Summary Judgment (Renewed) filed by Thomas Stalcup. (Attachments: # 1 Affidavit, # 2 Exhibit Ex. 1, # 3 Exhibit Ex. 3, # 4 Exhibit Ex. 4, # 5 Exhibit Ex. 5, # 6 Exhibit Ex. 6, # 7 Exhibit Ex. 7, # 8 Exhibit Ex. 8, # 9 Exhibit Ex. 9, # 10 Exhibit Ex. 10, # 11 Exhibit Ex. 11, # 12 Exhibit Ex. 12, # 13 Exhibit Ex. 13, # 14 Exhibit Ex. 14, # 15 Exhibit Ex. 15, # 16 Exhibit Ex. 16)(Marashian, Mardic) (Entered: 08/05/2020)
2020-08-06	220	DECLARATION of Thomas Stalcup in Opposition to Defendant's Motion for Summary Judgment by Thomas Stalcup. (Montes, Mariliz) (Entered: 08/06/2020)
2020-08-06	221	First MOTION Reversal of grant of motion to quash and objection to report and recommendation by Thomas Stalcup.(Leaf, Samuel) (Entered: 08/06/2020)
2020-08-11	222	DECLARATION of Thomas Stalcup in Opposition to Defendant's Motion for Summary Judgment (*Same as Doc. # 220 with exception of paragraph 13 of the declaration) by Thomas Stalcup. (Montes, Mariliz) (Entered: 08/11/2020)
2020-08-13	223	District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. This case is referred to Magistrate Judge Cabel for all purposes including all dispositive motions whether now pending or filed in the future. (Simeone, Maria) (Entered: 08/13/2020)
2020-08-13	224	Entered in error by Court staff. Please see docket entry no. 223. (Entered: 08/13/2020)
2020-08-13	225	ELECTRONIC NOTICE Setting Hearing on Motion 208 Second MOTION for Summary Judgment (Renewed) : This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible. Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html . For questions regarding access to hearings, you may refer to the Court 's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov . Motion Hearing set for 9/17/2020 at 02:00 PM before Magistrate Judge Donald L. Cabell. (Russo, Noreen) (Entered: 08/13/2020)
2020-08-14	226	MOTION for Discovery by Thomas Stalcup. (Attachments: # 1 Affidavit)(Leaf, Samuel) (Entered: 08/14/2020)
2020-08-14	227	Magistrate Judge Donald L. Cabell: ELECTRONIC ORDER entered denying 226 Motion for Discovery. The motion for discovery is DENIED. The court will address the plaintiff's concerns at the hearing on the government's renewed motion for summary judgment. (Russo, Noreen) (Entered: 08/14/2020)
2020-08-19	228	Opposition re 221 First MOTION Reversal of grant of motion to quash and objection to report and recommendation filed by Department of Defense Agency. (Farquhar, Rayford) (Entered: 08/19/2020)
2020-08-21	229	MOTION to Withdraw as Attorney by Thomas Stalcup.(Marashian, Mardic) (Entered: 08/21/2020)
2020-08-21	230	Magistrate Judge Donald L. Cabell: ELECTRONIC ORDER entered granting 229 Motion to Withdraw as Attorney on the assumption and expectation that the plaintiff does not intend going forward to use the absence of legal representation as a basis to seek any special dispensations, the motion is ALLOWED. Attorney Samuel M. Leaf and Mardic A. Marashian terminated (Russo, Noreen) (Entered: 08/21/2020)
2020-08-28	231	First MOTION for Leave to File Supplemental affidavit and exhibits related to discovery concerns by Thomas Stalcup. (Attachments: # 1 Affidavit Supplemental Stalcup Affidavit, # 2 Exhibit Exhibit A: MDA Director Bio, # 3 Exhibit Exhibit B: MDA Director LinkedIn Page)(Stalcup, Thomas) (Entered: 08/28/2020)
2020-08-31	232	Magistrate Judge Donald L. Cabell: ELECTRONIC ORDER entered granting 231 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Russo, Noreen) (Entered: 08/31/2020)
2020-08-31	233	Supplemental AFFIDAVIT of Thomas Stalcup in Opposition re 208 Second MOTION for Summary Judgment (Renewed) Leave to file granted on Aug. 31, 2020, filed by Thomas Stalcup. (Attachments: # 1 Exhibit A: Jon Hill Bio, # 2 Exhibit B: Jon Hill Profile)(Stalcup, Thomas) (Entered: 08/31/2020)
2020-09-05	234	NOTICE OF MANUAL FILING by Thomas Stalcup at D.C. District Court (Attachments: # 1 D.C. District Motion to Compel, # 2 Affidavit In Support of Motion to Compel, # 3 Exhibit 1: FBI Subpoena, # 4 Exhibit 2: D.C, Local Rule 37 Letter, # 5 Exhibit 3: MA Local Rule 7.1 Letter, # 6 Text of Proposed Order Proposed Order)(Stalcup, Thomas) (Entered: 09/05/2020)
2020-09-14	235	Second MOTION for Leave to File 2nd Supplemental Affidavit by Thomas Stalcup. (Attachments: # 1 Affidavit 2nd Supplemental Stalcup Affidavit, # 2 Exhibit I: FY DOT&E FY 1996 Annual Report, # 3 Exhibit II: OSD Records Disposition Schedule)(Stalcup, Thomas) (Entered: 09/14/2020)
2020-09-16	236	Magistrate Judge Donald L. Cabell: ELECTRONIC ORDER entered granting 235 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Russo, Noreen) (Entered: 09/16/2020)
2020-09-16	237	AFFIDAVIT in Opposition re 208 Second MOTION for Summary Judgment (Renewed) Second supplemental affidavit (leave to file granted on Sept. 16, 2020) filed by Thomas Stalcup. (Attachments: # 1 Exhibit I: DOT&E FY 1996 Annual Report, # 2 Exhibit II: OSD Records Disposition Schedule)(Stalcup, Thomas) (Entered: 09/16/2020)
2020-09-17	238	Electronic Clerk's Notes for proceedings held before Magistrate Judge Donald L. Cabell: Remote Motion Hearing by videoconference held on 9/17/2020 re 208 Second MOTION for Summary Judgment (Renewed) filed by Department of Defense Agency. After argument from the parties the court will hold off on deciding the motion while one more search is performed. The parties should file a joint status report within 30 days. (Court Reporter: Sarah Mubarek at sarahmubarek@comcast.net.)(Attorneys present: Stalcup (pro se), Farquhar) (Russo, Noreen) (Entered: 09/17/2020)
2020-09-21	239	District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. 221 Plaintiff's objections to the magistrate judge's order on the government's motion to quash are overruled. Judge Cabell's order, Doc. No. 217, which addressed a non-dispositive motion, is neither clearly erroneous nor contrary to law. Fed. R. Civ. P. 72(a). (Montes, Mariliz) (Entered: 09/21/2020)
2020-09-23	240	MOTION for Sanctions by Thomas Stalcup. (Attachments: # 1 Affidavit of Thomas Stalcup, # 2 Exhibit A: Early email to AUSA Michael Sady, # 3 Exhibit B: Appellant's 1st Circuit Reply Brief, # 4 Exhibit C: 1996 Command History, USS Florida)(Stalcup, Thomas) (Entered: 09/23/2020)
2020-10-02	241	Transcript of Videoconference held on September 17, 2020, before Magistrate Judge Donald L. Cabell. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Sarah Mubarek at sarahmubarek@comcast.net. Redaction Request due 10/23/2020. Redacted Transcript Deadline set for 11/2/2020. Release of Transcript Restriction set for 12/31/2020. (Coppola, Katelyn) (Entered: 10/02/2020)
2020-10-02	242	NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Coppola, Katelyn) (Entered: 10/02/2020)
2020-10-06	243	MOTION for Extension of Time to October 16, 2020 to File Response/Reply by Department of Defense Agency.(Farquhar, Rayford) (Entered: 10/06/2020)
2020-10-07	244	Magistrate Judge Donald L. Cabell: ELECTRONIC ORDER entered granting 243 Motion for Extension of Time to File Response/Reply. Response due by 10/16/2020 (Russo, Noreen) (Entered: 10/07/2020)
2020-10-16	245	Opposition re 240 MOTION for Sanctions filed by Department of Defense Agency. (Attachments: # 1 Exhibit, # 2 Exhibit)(Farquhar, Rayford) (Entered: 10/16/2020)
2020-10-16	246	NOTICE of Appearance by Michael P. Sady on behalf of Department of Defense Agency (Sady, Michael) (Entered: 10/16/2020)
2020-10-16	247	MOTION for Extension of Time to October 23, 2020 to to provide the Court with a status update regarding a further search for documents within components of the Department of Defense by Department of Defense Agency.(Farquhar, Rayford) (Entered: 10/16/2020)
2020-10-19	248	Magistrate Judge Donald L. Cabell: ELECTRONIC ORDER entered granting 247 Motion for Extension of Time (Russo, Noreen) (Entered: 10/19/2020)
2020-10-23	249	REPLY to Response to 240 MOTION for Sanctions filed by Thomas Stalcup. (Stalcup, Thomas) (Entered: 10/23/2020)
2020-10-23	250	STATUS REPORT by Department of Defense Agency. (Attachments: # 1 Exhibit)(Farquhar, Rayford) (Entered: 10/23/2020)
2020-10-23	251	MOTION for Extension of Time to November 23, 2020 to to provide the Court with a declaration regarding a further search for documents within components of the Department of Defense by Department of Defense Agency.(Farquhar, Rayford) (Entered: 10/23/2020)
2020-10-26	252	STATUS REPORT (supplemental) by Thomas Stalcup. (Attachments: # 1 Exhibit A: Sept. 17, 2020 Hearing Transcripts)(Stalcup, Thomas) (Entered: 10/26/2020)
2020-10-28	253	Opposition re 251 MOTION for Extension of Time to November 23, 2020 to to provide the Court with a declaration regarding a further search for documents within components of the Department of Defense filed by Thomas Stalcup. (Attachments: # 1 Exhibit A: Comparison of Two DoD SJMs)(Stalcup, Thomas) (Entered: 10/28/2020)
2020-10-30	254	Magistrate Judge Donald L. Cabell: ELECTRONIC ORDER entered granting 251 Motion for Extension of Time (Russo, Noreen) (Entered: 10/30/2020)
2020-10-30	255	MOTION for Summary Judgment by Thomas Stalcup.(Stalcup, Thomas) (Entered: 10/30/2020)
2020-10-30	256	MEMORANDUM in Support re 255 MOTION for Summary Judgment filed by Thomas Stalcup. (Attachments: # 1 Affidavit supporting motion, # 2 Exhibit 1: Deposition of Steven Habeger, # 3 Exhibit 3: Deposition of David Morrell, # 4 Exhibit 4: Deposition of Mark Herrington, # 5 Exhibit 5: Deposition of Michael O'Driscoll, # 6 Exhibit 6: FBI release record regarding missile plume, # 7 Exhibit 7: Deposition of James Sheridan, # 8 Exhibit 8: MDA Org. Chart, # 9 Exhibit 9: Deposition of William Perry, # 10 Exhibit 10: OSD office FY 1997 Annual Report, # 11 Exhibit 11: FBI Custody Record of Navy radar tapes, # 12 Exhibit 12: FBI transmission regarding Navy radar tapes, # 13 Exhibit 13: London Times article, # 14 Exhibit 14: FBI transmission 35 hours after TWA 800 crash, # 15 Exhibit 15: Photo of "missile" in vicinity of TWA 800, # 16 Exhibit 16: Transcript of Nov. 8, 1996 FBI press conference related to TWA 800)(Stalcup, Thomas) (Entered: 10/30/2020)
2020-11-18	257	Assented to MOTION for Extension of Time to November 23, 2020. to File Response/Reply as to 255 MOTION for Summary Judgment by Department of Defense Agency.(Farquhar, Rayford) (Entered: 11/18/2020)
2020-11-18	258	Magistrate Judge Donald L. Cabell: ELECTRONIC ORDER entered granting 257 Assented to Motion for Extension of Time to File Response/Reply. Responses due by 11/23/2020 (Russo, Noreen) (Entered: 11/18/2020)
2020-11-19	261	Transcript of Telephone Conference held on March 11, 2020, before Magistrate Judge Donald L. Cabell. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Linda Walsh at lwalshsteno@gmail.com. Redaction Request due 12/10/2020. Redacted Transcript Deadline set for 12/21/2020. Release of Transcript Restriction set for 2/17/2021. (Coppola, Katelyn) (Entered: 11/23/2020)
2020-11-19	262	NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Coppola, Katelyn) (Entered: 11/23/2020)
2020-11-20	259	STATUS REPORT by Department of Defense Agency. (Attachments: # 1 Exhibit)(Farquhar, Rayford) (Entered: 11/20/2020)
2020-11-20	260	Opposition re 255 MOTION for Summary Judgment filed by Department of Defense Agency. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Farquhar, Rayford) (Entered: 11/20/2020)
2020-12-01	263	Third MOTION for Leave to File Supplement to Plaintiff's Opposition to Defendants Summary Judgment Motion by Thomas Stalcup.(Stalcup, Thomas) (Entered: 12/01/2020)
2020-12-03	264	First REPLY to Response to 255 MOTION for Summary Judgment filed by Thomas Stalcup. (Attachments: # 1 Exhibit A: Review of Herrington's Seventh Declaration, # 2 Exhibit B: Sept. 17, 2020 Hearing Transcripts, # 3 Exhibit C: Nov. 17, 2020 DoD Press Release, # 4 Exhibit D: Proposed Order, # 5 Exhibit E: Review of an FBI Affidavit)(Stalcup, Thomas) (Entered: 12/03/2020)
2020-12-10	265	Magistrate Judge Donald L. Cabell: ELECTRONIC ORDER entered granting 263 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Russo, Noreen) (Entered: 12/10/2020)
2020-12-10	266	SUR-REPLY to Motion re 208 Second MOTION for Summary Judgment (Renewed) , Leave To File Granted On December 10, 2020, filed by Thomas Stalcup. (Attachments: # 1 Exhibit A: Sept. 17, 2020 Hearing Transcripts)(Stalcup, Thomas) (Entered: 12/10/2020)
2021-01-04	267	MOTION for Hearing on four pending motions by Thomas Stalcup. (Attachments: # 1 Text of Proposed Order : Exhibit A, # 2 Text of Proposed Order : Exhibit B)(Stalcup, Thomas) (Entered: 01/04/2021)
2021-01-07	268	ELECTRONIC NOTICE Setting Hearing on Motion 240 MOTION for Sanctions , 208 Second MOTION for Summary Judgment (Renewed) , 255 MOTION for Summary Judgment : This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible. Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html . For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov . Motion Hearing set for 2/3/2021 at 02:00 PM in Remote Proceeding : Boston before Magistrate Judge Donald L. Cabell. (Russo, Noreen) (Entered: 01/07/2021)
2021-01-07	269	Magistrate Judge Donald L. Cabell: ELECTRONIC ORDER entered finding as moot 267 Motion for Hearing. (Russo, Noreen) (Entered: 01/07/2021)
2021-01-12	270	MOTION for Hearing , Consolidation, and the Granting of ECF Privileges in a New Case Before This Court by Thomas Stalcup. (Attachments: # 1 Exhibit A: January 11th and 12th, 2021 Rule 7.1 Conferral Email Exchange)(Stalcup, Thomas) (Entered: 01/12/2021)
2021-02-03	271	NOTICE of Appearance by Michael P. Sady on behalf of Department of Defense Agency (Sady, Michael) (Entered: 02/03/2021)
2021-02-03	272	Electronic Clerk's Notes for proceedings held before Magistrate Judge Donald L. Cabell: Remote Motion Hearing by videoconference held on 2/3/2021 re 240 MOTION for Sanctions filed by Thomas Stalcup, 255 MOTION for Summary Judgment filed by Thomas Stalcup, 208 Second MOTION for Summary Judgment (Renewed) filed by Department of Defense Agency. (Court Reporter: Kathleen Silva at kathysilva@verizon.net.)(Attorneys present: Stalcup, Farquhar, Sady) (Russo, Noreen) (Entered: 02/03/2021)
2021-02-24	273	District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. After consultation with Magistrate Judge Cabell, the Court treats the Government's Opposition (#260) to Stalcupn's Motion for Summary Judgment (#255) as both an Opposition and Cross-Motion. Accordingly, the Government's Second Motion for Summary Judgment (Renewed) (#208) is TERMINATED as superceded by the cross-motion. The filings from both sides regarding the Second Motion will be considered with respect to both pending summary judgment (#255 and #260) motions. This case remains pending before Judge Cabell both for pretrial management and Report and Recommendation on dispositive motions along with rulings on non-dispositive motions. (Currie, Haley) (Entered: 02/24/2021)
2021-09-14	274	Magistrate Judge Donald L. Cabell: ORDER entered. REPORT AND RECOMMENDATIONS re 260 OPPOSITION and CROSS-MOTION for Summary Judgment filed by Department of Defense Agency and 255 MOTION for Summary Judgment filed by Thomas Stalcup. Recommendation: that the Government's motion for summary judgment (D. 260) be ALLOWED in part and DENIED in part. Specifically, the motion should be allowed with respect to the MDA and JS portions of the plaintiff's FOIA requests and denied with respect to the OSD portion. For the same reasons, the plaintiff's motion for summary judgment (D. 255) should be denied with respect to the MDA and JS portions of his FOIA requests and allowed with respect to the OSD portion. Objections to R&R due by 9/28/2021. (Lara, Miguel) (Entered: 09/14/2021)
2021-09-14	275	Copy re 274 REPORT AND RECOMMENDATIONS mailed to Thomas Stalcup by federal express and NEF on 9/14/21. (Lara, Miguel) (Entered: 09/14/2021)
2021-09-15	276	District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. Objections to the Report and Recommendation of Judge Cabell (Doc. No. 274) are due on September 28, 2021. Given the age of this case, the Court anticipates the parties will file their objections, if any, no later than September 28, 2021. (Dore, Samantha) (Entered: 09/15/2021)
2021-09-15	277	MOTION EMERGENCY - Lift Protective and Privacy Orders by Thomas Stalcup.(Stalcup, Thomas) (Entered: 09/15/2021)
2021-09-15	278	First MEMORANDUM in Support re 277 MOTION EMERGENCY - Lift Protective and Privacy Orders filed by Thomas Stalcup. (Attachments: # 1 Affidavit : of Thomas Stalcup, # 2 Affidavit : of Henry F. Hughes)(Stalcup, Thomas) (Entered: 09/15/2021)
2021-09-15	279	District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. REFERRING 277 MOTION EMERGENCY - Lift Protective and Privacy Orders by Thomas Stalcup. to Magistrate Judge Donald L. Cabell. Motion referred on (9/15/2021).(Dore, Samantha) (Entered: 09/15/2021)
2021-09-16	280	Magistrate Judge Donald L. Cabell: ELECTRONIC ORDER entered denying 240 Motion for Sanctions. (Lara, Miguel) (Entered: 09/16/2021)
2021-09-16	281	Magistrate Judge Donald L. Cabell: ELECTRONIC ORDER entered re 277 MOTION EMERGENCY - Lift Protective and Privacy Orders filed by Thomas Stalcup. "The government shall file a response on or before the close of business on September 29, 2021. No extension should be anticipated."(Lara, Miguel) (Entered: 09/16/2021)
2021-09-26	283	Opposition re 154 MOTION for Protective Order by Non-Party Deponent James J. Sheridan filed by Thomas Stalcup. (Stalcup, Thomas) (Entered: 09/26/2021)
2021-09-28	284	OBJECTION to 274 Report and Recommendations filed by Department of Defense Agency. (Farquhar, Rayford) (Entered: 09/28/2021)
2021-09-28	285	Opposition re 277 MOTION EMERGENCY - Lift Protective and Privacy Orders filed by Department of Defense Agency. (Farquhar, Rayford) (Entered: 09/28/2021)
2021-09-28	286	OBJECTION to 274 Report and Recommendations filed by Thomas Stalcup. (Stalcup, Thomas) (Entered: 09/28/2021)
2021-09-29	287	REPLY to Response to 277 MOTION EMERGENCY - Lift Protective and Privacy Orders filed by Thomas Stalcup. (Attachments: # 1 Affidavit of Thomas Stalcup, # 2 Exhibit 1: FBI FOIA Papers)(Stalcup, Thomas) (Entered: 09/29/2021)
2021-09-29	288	MEMORANDUM in Opposition re 277 MOTION EMERGENCY - Lift Protective and Privacy Orders AND RENEWED MOTION FOR PROTECTIVE ORDER filed by James Sheridan. (Rotondo, James) (Entered: 09/29/2021)
2021-10-02	289	District Judge Leo T. Sorokin. ORDER ON REPORT AND RECOMMENDATION (DOC. NO. 274) entered. For the foregoing reasons, the Court APPROVES and ADOPTS Judge Cabell's Report and Recommendation, Doc. No. 274, ALLOWS in part and DENIES in part DOD's motion for summary judgment, Doc. No. 260., and ALLOWS in part and DENIES in part Stalcup's motion for summary judgment. Doc. No. 255. Moreover, the motion for hearing, Doc. No. 270, is DENIED. The parties shall submit a joint status report within fourteen days stating joint or separate positions as to how the remaining issue of the OSD FOIA request should be resolved. re 255 Motion for Summary Judgment; 260 Motion for Summary Judgment; 270 Motion for Hearing; adopting Report and Recommendations re 274 Report and Recommendations. (Simeone, Maria) (Entered: 10/02/2021)
2021-10-02	290	Set Deadlines: Status Report due by 10/18/2021 (Simeone, Maria) (Entered: 10/02/2021)
2021-10-02	291	REPLY to Response to 277 MOTION EMERGENCY - Lift Protective and Privacy Orders filed by Thomas Stalcup. (Attachments: # 1 Exhibit 1: Email communications between Stalcup and Lockheed Martin attorneys, # 2 Exhibit 2: Subpoena from Bingham v. Supervalu Inc.)(Stalcup, Thomas) (Entered: 10/02/2021)
2021-10-14	292	First MOTION for Reconsideration re 289 Order on Motion for Summary Judgment,,,,,,,, Order on Motion for Hearing,,,, Order on Report and Recommendations,,, by Thomas Stalcup.(Stalcup, Thomas) (Entered: 10/14/2021)
2021-10-18	293	STATUS REPORT by Department of Defense Agency. (Farquhar, Rayford) (Entered: 10/18/2021)
2021-10-25	294	Opposition re 292 First MOTION for Reconsideration re 289 Order on Motion for Summary Judgment,,,,,,,, Order on Motion for Hearing,,,, Order on Report and Recommendations,,, filed by Department of Defense Agency. (Farquhar, Rayford) (Entered: 10/25/2021)
2021-10-26	295	District Judge Leo T. Sorokin: ORDER ON MOTION FOR RECONSIDERATION (DOC. NO. 292) The motion for reconsideration is DENIED. (Dore, Samantha) (Entered: 10/27/2021)
2021-10-26	296	District Judge Leo T. Sorokin: ORDER ON STATUS REPORT (DOC. NO. 293) (Dore, Samantha) (Entered: 10/27/2021)
2021-10-27	297	Set Deadlines: 12/1/2021 to file a renewed motion for summary judgment. Opposition by 12/22/2021, and reply by 1/4/2022. (Dore, Samantha) (Entered: 10/27/2021)
2021-11-09	298	Mail Returned as Undeliverable. Mail sent to Thomas Stalcup (Dore, Samantha) (Entered: 11/09/2021)
2021-11-12	299	District Judge Leo T. Sorokin. ELECTRONIC ORDER entered. The Referral of this matter to Magistrate Judge Cabell is terminated. The Undersigned will continue to resolve the Summary Judgment motion and anything further.(Simeone, Maria) (Entered: 11/12/2021)
2021-11-12	300	Case no longer referred to Magistrate Judge Donald L. Cabell. (Simeone, Maria) (Entered: 11/12/2021)
2021-12-01	301	District Judge Leo T. Sorokin: ELECTRONIC ORDER entered: re 277 MOTION EMERGENCY - Lift Protective and Privacy Orders Stalcup filed an emergency motion to prevent the destruction of certain documents and to permit the public disclosure of other information. Doc. Nos. 277, 278, 287. The Court presumes familiarity with the history of this litigation. In addition, the Court notes the following: First, this case concerns, only, claims by Stalcup that Defendant DOD failed to comply with the Freedom of Information Act in response to certain requests for information he made of them. This case is not a claim for damages or other relief arising from an allegation that a particular defendant bears responsibility for what happened to TWA Flight 800. As in every case, the nature of the case determines the scope of discovery and the range of issues before the Court. Second, the Court (Cabell, MJ) denied a request for a protective order by a non-party (Sheridan) as moot because "Plaintiff agreed to honor the proposed protective order provisions." Doc. No. 179. In these circumstances, if Stalcup now wishes relief from the terms of the protective order to which he effectively agreed and the Court impliedly imposed, he must file a specific motion identifying the specific information he seeks to disclose, the nature of the disclosure, and the reasons warranting relief from the limitations. This he has not done. Third, to the extent he complains that the NTSB might destroy certain documents or other material, he must identify the importance of this information as it relates to the only FOIA claim he has remaining in this case. This he has not done. Accordingly, the Emergency Motion (Doc. No. 277) is DENIED. (Dore, Samantha) (Entered: 12/01/2021)
2021-12-01	302	Third MOTION for Summary Judgment by Department of Defense Agency.(Farquhar, Rayford) (Entered: 12/01/2021)
2021-12-01	303	MEMORANDUM in Support re 302 Third MOTION for Summary Judgment filed by Department of Defense Agency. (Farquhar, Rayford) (Entered: 12/01/2021)
2021-12-01	304	DECLARATION re 303 Memorandum in Support of Motion, 302 Third MOTION for Summary Judgment by Department of Defense Agency. (Farquhar, Rayford) (Entered: 12/01/2021)
2021-12-22	305	Opposition re 302 Third MOTION for Summary Judgment filed by Thomas Stalcup. (Attachments: # 1 Exhibit A: NARA Inspection Report, # 2 Exhibit B: OSD Records Disposition Schedules, # 3 Exhibit C: Stalcup Affidavit, # 4 Exhibit D: DoD Component Heads)(Stalcup, Thomas) (Entered: 12/22/2021)
2022-03-23	306	District Judge Leo T. Sorokin: ORDER entered. ORDER ON DEFENDANTS MOTION FOR SUMMARY JUDGMENT (DOC. NO. 302 ) The Court ALLOWS DoDs Motion for Summary Judgment. (Doc. No. 302).(Dore, Samantha) (Entered: 03/23/2022)
2022-03-23	307	District Judge Leo T. Sorokin: ORDER entered. JUDGMENT. (Dore, Samantha) (Entered: 03/23/2022)
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