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Case TitleSAI v. TRANSPORTATION SECURITY ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2014cv00403
Date Filed2014-03-13
Date ClosedOpen
JudgeJudge Randolph D. Moss
PlaintiffSAI
Case DescriptionSai submitted a FOIA/PA request to the Transportation Safety Administration concerning an incident involving Sai and TSA personnel that took place at Boston's Logan Airport. Sai subsequently submitted another FOIA request pertaining to an incident involving Sai at the San Francisco Airport. Sai submitted three more requests for various policy documents. The requests asked for expedited processing and that Sai be placed in the news media category for fee purposes. The agency indicated that video taken at the airports was protected under Exemption 3 (other statutes) as sensitive security information, and that the requests were too broad. Sai finally filed suit.
Complaint issues: failure to respond, declare requests "reasonably described" records, grant of news media status and public interest fee waiver, arbitrary and capricious behavior, disclosure of all records, Privacy Act damages, attorney's fees, pattern and practice of improper withholding of records

DefendantTRANSPORTATION SECURITY ADMINISTRATION (TSA)
AppealD.C. Circuit 16-5004
Documents
Docket
Complaint
Complaint attachment 3
Complaint
Complaint attachment 1
Opinion/Order [34]
FOIA Project Annotation: Judge Ellen Segal Huvelle has ruled that Sai is not entitled to a preliminary injunction requiring TSA to disclose records pertaining to his ADA and Rehabilitation Act complaints. Sai filed two FOIA requests to the agency pertaining to incidents he alleged occurred at the airports in Boston and San Francisco. After the agency failed to respond, Sai filed suit asking for a preliminary injunction requiring the agency to disclose the requested records. The agency argued Sai was requesting relief beyond the scope of his FOIA complaint, but Huvelle noted that "plaintiff does specifically identity his November 2013 FOIA/PA request in the complaint and further alleges TSA's non-compliance with statutory deadlines as to that request. Moreover, plaintiff seeks in his complaint broad relief�"including production of requested documents�"as to 'all' his FOIA/PA requests. Construed liberally�"as the court must�"plaintiff's complaint seeks a court order requiring TSA to produce documents requested in his November 2013 FOIA/PA request." However, finding that she had jurisdiction over the claim, Huvelle concluded Sai was not entitled to relief, noting that "he has failed to demonstrate any�"let alone 'very serious'�"irreparable harm that would befall him absent the extraordinary relief of a preliminary injunction." She observed that "to be sure, a movant's general interest in timely processing of FOIA requests may be sufficient to establish irreparable harm if the information sought is 'time-sensitive.' In this regard, plaintiff implores the Court to consider the 'larger context of news and public interest reporting on a nationwide, multi-year pattern and practice of TSA violations of individuals' rights at checkpoints.' While this argument gets closer to those FOIA cases in which courts have found irreparable harm, the Court concludes that plaintiff has not provided any evidence to demonstrate the time-sensitivity of and public concern over the 'specific subject' of the TSA's responses to plaintiff's Rehabilitation Act grievances." She pointed out that "plaintiff 'has failed to demonstrate any time sensitive need for [the requested] information that will be irreparably lost if disclosure does not occur immediately' and this case is allowed to proceed down the typical path of FOIA litigation."
Issues: Litigation - Jurisdiction - Standing
Opinion/Order [93]
FOIA Project Annotation: Judge Randolph Moss has ruled that because various motions filed by pro se litigant Sai are premature, he is not entitled to compel TSA to disclose orders it may rely on to support its characterization of surveillance footage as sensitive security information, he is not entitled to attorney's fees, and he is not entitled to add 14 other FOIA requests to the current complaint. Noting that the case was nearly ready for consideration of the merits, Moss pointed out that Sai had peppered the court with motions, most of which were unnecessary. Moss indicated that Sai was apparently concerned that he would miss his deadline to appeal the agency's SSI order to the D.C. Circuit, which has original jurisdiction over TSA's orders. Acknowledging Sai's concerns, Moss noted that "but, as to the substance of [a motion to the D.C. Circuit], the Court remains convinced that resolution of any potential issues relating to SSI is premature. The Court does not yet know what information, if any, TSA will contend should be withheld and it does not know what dispute may exist with respect to the designation of any such SSI. . .It is important, however, to recall that this is a FOIA and Privacy Act case relating to specific requests for records. Before the Court can adjudicate this case, it needs to know what specific requests remain unanswered, what specific exemptions TSA invokes and the basis for its determinations, and why Plaintiff disputes those determinations." Although the agency had already disclosed some 3,000 pages, Moss explained that Sai's motion for attorney's fees was also premature. He noted that "it is too early to assess even whether [any] particular order will result in any 'relief' to Plaintiff, much less whether Plaintiff will substantially prevail in this case." Because Sai was proceeding pro se, he was not entitled to attorney's fees, only costs. Moss indicated that "in light of the Court's holding that Plaintiff has no and cannot, demonstrate 'eligibility' or 'entitlement' to fees and costs at this stage of the litigation, it need not consider whether he would be entitled�"if and when he does substantially prevail�"to costs and/or a nominal award of attorney's fees as he asserts." Moss rejected Sai's motion to add the additional FOIA requests, noting that "the addition of fourteen additional FOIA/Privacy Act requests to this case would merely result in undue delay in the disposition of this case and would not enhance judicial efficiency."
Issues: Litigation - Jurisdiction - Failure to Exhaust
Opinion/Order [162]
FOIA Project Annotation: Addressing his complaints pertaining to the Transportation Security Administration's handling of his multiple requests concerning two incidents at Boston and San Francisco airports, Judge Randolph Moss has ruled that there remain unanswered questions concerning the agency's legal obligation to provide records in Sai's choice of format, as well as issues related to the adequacy of the agency's searches. Moss's decision provides more discussion of the choice of format provision than any court ruling so far, although he relied primarily on Scudder v. CIA, 25 F. Supp. 3d 19 (D.D.C. 2014), the only other case to discuss the provision in detail. Even though Moss concluded that the parties needed to supplement their arguments, he raised serious questions about whether or not an electronic records universe that depends heavily on scanned PDF files is sufficient to satisfy the choice of format provision. Sai submitted a total of six FOIA requests to TSA in 2013 for records concerning incidents at TSA checkpoints at Boston and San Francisco airports, as well as previous incidents at New York's LaGuardia and Chicago's O'Hare airports. He also submitted a request for all TSA policies and procedures that were not already posted in TSA's electronic reading room. The agency told Sai that request was too broad and invited him to narrow the request. When Sai did not respond, the agency administratively closed his request. However, about a year after Sai filed suit, the agency searched 15 offices for the types of documents that were discernible from the text of his closed request. As a result, the agency initially disclosed 1,416 pages with redactions and a further 1,623 pages a month later. Sai's fifth and sixth requests asked for records about the Boston and San Francisco incidents, including those that had been created since his prior requests. Sai, who has a disability, claimed that the agency had violated both FOIA and the Rehabilitation Act, although Moss quickly concluded that he had no cause of action under the Rehabilitation Act and dismissed that claim. Since Sai had requested records in electronic format, he claimed the agency had failed to provide them in discrete useful formats. He complained that the agency had used a "rasterized" PDF format �" scanning paper documents that irreversibly rendered text into an image format �" rather than a "fully digital text PDF." Sai had requested records in "native" format, such as Word documents or Excel spreadsheets. In its defense, the agency pointed out that it used FOIAXpress software for processing FOIA requests, which did not have the capability to process records in native formats. Moss noted that "at least on the present record, the Court is unconvinced that these justifications satisfy the requirements of 5 U.S.C. § 552(a)(3)(B)." He explained that Congress added the choice of format provisions in the 1996 EFOIA Amendments specifically to overturn Dismukes v. Dept of Interior, 603 F. Supp. 760 (D.D.C. 1984), which held that the agency was not required to disclose a computer tape of the list of participants in the Bureau of Land Management monthly oil and gas lease lotteries because those records were available on microfiche instead. In essence, Dismukes held that the choice of format was determined by the agency, not the requester. Congress changed this by requiring agencies to disclose records in formats that are "readily" reproducible and to consider the "technical feasibility" of doing so, according substantial weight to the agency's determination of technical feasibility. Moss observed that "but 'technically feasible' is not 'synonymous' with 'readily reproducible' and the Court must also 'consider the burden on the defendant' in producing records in a format that, although 'technically feasible,' is not 'readily' achieved." Moss pointed out that Sai's requests were not so much for a new format as for an existing format. He explained that "Congress adopted the 'readily reproducible' requirement in response [to Dismukes], leaving little doubt that the 'readily reproducible' requirement applies both to records that require conversion to a new format and to records, like those at issue here, that are sought in their original format, notwithstanding the fact that the agency can more easily release the records in a different format." Due to the lack of any D.C. Circuit case law on choice of format, the Scudder court relied on a standard articulated by the Ninth Circuit in TPS, Inc. v. Dept of Defense, 330 F. 3d 1191 (9th Cir. 2003), finding that whenever an agency converted documents to a certain format �" in response to a FOIA request, under a contract or during the ordinary course of business �" the agency was required to provide documents in that format to others absent a showing of an unnecessarily harsh burden. Based on that standard, Moss found TSA had not yet shown that the records Sai had requested in their original format could not be readily produced. He indicated that "there is no question that the TSA has the technical capacity to format the records in the manner requested; indeed, that is how the records were originally formatted and used by the agency." The agency argued that its FOIA software, as well as the need to review records for sensitive security information, made such a disclosure unduly burdensome. On the record before him, Moss rejected that claim. He pointed out that "the TSA's primary contention that the request was incompatible with the agency's then-existing FOIA processing software is in tension with the language and purpose of the E-FOIA amendments. The statute asks whether the record at issue 'is readily reproducible by the agency in' the requested format, and not whether reproducing the file in that format would complicate the agency's FOIA review process." He added that "because the TSA has yet to show that Sai's format request posed a 'significant interference or burden' beyond increased FOIA-processing costs, and because it has yet to show that administrative costs of that type constitute a legally sufficient basis for rejecting a format request, the TSA is not entitled to summary judgment with respect to the format of the records released in response to Sai's [requests]." Moss also agreed with Sai's contention that certain records were illegible. He pointed out that "FOIA requesters are entitled to a legible copy of responsive agency records." Moss upheld the adequacy of the agency's searches except as they applied to four offices, including the FOIA Office and the Office of Legislative Affairs. Moss noted that Sai had provided sufficient evidence that records responsive to his requests existed in those offices to require the agency to search them as well. Moss also found that the agency had not sufficiently explained the time frame of its searches as well as the failure of certain offices to use keywords in their searches. Moss agreed with the agency that Sai's request for unpublished policy and procedure documents was far too broad. Sai argued that once the agency decided to provide some responsive records to his policy and procedures request, it was obligated to respond fully. Moss noted that "if that nothing-or-all approach were to prevail, agencies would have a strong incentive to reject wildly overbroad FOIA requests, like Sai's Policies Request, and to refuse to make any effort to provide what they reasonably can. Nothing in FOIA or the governing law requires agencies, or the court adopt such a counterproductive approach." TSA withheld records under Exemption 3 (other statutes), citing the Aviation and Transportation Security Act, which allows the agency to withhold sensitive security information. Moss had previously found that under the statute, challenges to the designation of sensitive security information had to be brought in the D.C. Circuit Court of Appeals, not the district court. However, he did examine Sai's contention that while TSA had disclosed SSI in a case brought by the ACLU, it had withheld the same information from him. TSA argued that it had subsequently unredacted some SSI information in the ACLU litigation after it had responded to Sai. Moss indicated that the public disclosure doctrine "does not �" and could not reasonably �" apply to information that was confidential at the time the agency responded to the plaintiff's FOIA request and was only subsequently officially released." Sending the issue back for further briefing, Moss indicated that Sai would have the burden of showing information disclosed to the ACLU was now public. Upholding most of the agency's claims under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records), Moss found the agency had not sufficiently shown why names and contact information of agency employees that had dealt with Sai's disability complaints should be withheld. He also questioned whether the agency had shown that a handful of records claimed under Exemption 5 (privileges) qualified as deliberative.
Issues: Choice of format, Exemption 3, Adequacy - Search
Opinion/Order [170]
FOIA Project Annotation: Judge Randolph Moss has ruled that pro se litigant Sai may not amend his multi-count FOIA suit against the Transportation Security Administration to add new FOIA counts as well as counts under the Rehabilitation Act. Moss noted that "as the Court understands Sai's proposed amendment, Sai seeks to challenge the TSA's purported failure to maintain an electronic, FOIA-reading room containing among other things, all 'statements of policy and interpretation which have been adopted by the agency, and that have not been 'published in the Federal Register.'" Characterizing Sai's original complaint as "comprehensive," Moss pointed out that "it may be that Sai now regrets not bringing a challenge to the adequacy of TSA's electronic FOIA-reading room but regret and clarification are not the same thing." Rejecting Sai's attempt to "clarify" his complaint, Moss observed that "in the present context, granting leave to amend would cause undue delay and unfairly prejudice the defendant. This case has been pending for well over four years. . .Most recently, the Court issued a 70-page opinion addressing Sai's challenges to 'virtually every aspect of the TSA's multiple searched and productions' in response to six separate FOIA requests. That decision narrowed the case, but leaves roughly a dozen questions for further briefing and development. Rather than narrowing and focusing the litigation, however, Sai treats the Court's opinion as a jumping-off point. In Sai's view, the opinion identifies ways in which the complaint might be improved or invites the parties to develop new theories to replace those the Court has considered and rejected." Moss pointed out that "that approach to litigation offers no end and is unfair to the opposing party." He indicated that "granting Sai's motion for leave to amend would inevitably extend [the] schedule by many months, and perhaps longer. Adding entirely new claims to the already lengthy set of issues for resolution as this date would not serve the interests of justice."
Issues: Litigation - Jurisdiction - Failure to State a Claim
Opinion/Order [172]
Opinion/Order [196]
Opinion/Order [197]
FOIA Project Annotation: In another episode in the continuing litigation between Sai and the Transportation Security Administration concerning his multiple FOIA requests to the agency pertaining to his interactions with agency personnel at both San Francisco and Boston Airports, Judge Randolph Moss continues to explore the limits of an agency's obligation to provide records in the format chosen by the requester, particularly the agency's obligation to provide records in their native format. Because these issues are rarely the focus of litigation, Sai's case is likely to become the first in-depth discussion of the parameters of agencies' obligation to provide records in available formats that differ from those typically used when managing or disclosing records. Moss began his analysis by noting that Congress had added provisions in the 1996 EFOIA Amendments clarifying and expanding FOIA's coverage of electronic records, including a provision that agencies must provide records in the requester's choice of format if they were "readily producible." Moss pointed out that "the word 'readily' signifies 'that an agency is relieved of the obligation to fulfill a format request that is onerous,' but courts assess what is 'onerous' keeping in mind the E-FOIA's requirement that agencies 'take affirmative steps towards maintaining records in 'reproducible' format such that they are 'readily reproducible' when sought out by FOIA requesters." In three of Sai's six FOIA requests he asked for records in "electronic, machine-processible, accessible, open and well-structured format to the maximum extent possible," including "individual PDFs per distinct document," "fully digital text PDFs rather than scans or rasterizations," "digital redaction rather than black marker," "lists and structured data as machine-processible spreadsheets," and "scans rather than paper copies." Moss noted that one of Sai's primary concerns regarding his format requests was whether the agency was required to provide distinct PDFs as opposed to conglomerated PDFs containing multiple records. Moss observed that Sai was using the mathematical term "discretization" to mean "distinct files from distinct documents." This meant, Moss explained that "in the present context, discretization would require ten distinct PDF files for ten distinct documents, for example, as opposed to a single PDF file containing all ten documents merged." After reviewing the provisions added by the EFOIA amendments pertaining to formats, including the addition of "electronic format," in the amended definition of record, Moss noted that "the Court has no doubt that the plain meaning of 'form or format' reaches beyond the choice of media. Indeed, had Congress intended to reach only the requested media â€" e.g., paper, CD-ROM, microfiche, computer tape, or thumb drive â€" it might have simply referred to the 'form' in which the records were maintained or released. To be sure, the Committee Report on the E-FOIA often uses the terms 'form' and 'format' interchangeably, at times referring to an 'electronic format,' and at other times speaking of an 'electronic form.' But, where possible and consistent with other textual clues, courts endeavor 'to give meaning to every word' of a statute and to avoid redundancy. The court can do so here by construing 'form' to refer to the media â€" e.g. paper or thumb drive â€" and construing 'format' to refer to the electronic 'structure for the processing, storage, or display' of data â€" e.g. PDF or JPEG." But Moss indicated that "this interpretation of the E-FOIA is also consistent with the tenet that nothing in FOIA requires the responding agency to 'arrange responsive records in [a] particular order.' Imposing such a duty for electronic records would dramatically expand the demands that the FOIA imposes on federal agencies with no indication that Congress intended to make such a fundamental change to the law or that it intended to impose an obligation with respect to the release of electronic records that does not exist for paper records. Congress intended to increase access to electronic records in all types of media (e.g., tapes, microfiche, thumb drives) and in all types of format (e.g., PDF, JPEG). Sai's request, however, takes the E-FOIA a step further, with no textual or other evidence that Congress intended that result." Applying those principles, Moss observed that "the Court is unconvinced that Sai's Policies Request for distinct or discretized PDF files, as opposed to a single file containing multiple documents constitutes a request for records in a 'form or format' different from that the TSA supplied." Sai had requested records in their native format, such as Word, Excel or electronic PDF. The agency told Moss that because it processed all FOIA records by using FOIAXpress, it was unable to provide such records except by turning them into static PDFs. Citing Public.Resources.org v. IRS, 78 F. Supp. 3d 262 (N.D. Cal. 2015), in which the district court ruled that the IRS had not shown that spending $6,000 to write software that would allow it to turn static PDFs containing Form 990 documents on non-profits back into their original Modernized E-file format would constitute an undue burden, Moss found that TSA had still not shown whether providing non-rasterized PDFs â€" which refers to the number of pixels contained in the copy â€" would be unduly burdensome under the circumstances. He pointed out that "although the [agency] declaration asserts that the TSA is unaware of a method of producing secure redactions within a non-rasterized PDF, it does not represent that it made any effort to explore whether such a method exists or to quantify the increased risk of potential countermanding of redactions realized outside FOIAXpress." As a result, Moss concluded that "the TSA has failed to proffer 'specific, compelling evidence as to significant interference or burden' imposed on the agency by releasing records to Sai as the requested non-rasterized PDFs." Noting that the case law was undeveloped, Moss allowed TSA to present more evidence, indicating that "it should provide the Court with an expert declaration addressing the technical feasibility of the request, the specific cost (in dollars) and burdens (in time) of satisfying the request, the extent of the necessary redactions, and the security risks, if any, posed by using Adobe Acrobat, as Sai suggests, or some other software to release redacted, non-rasterized versions of the records at issue." In defending the adequacy of its search, TSA argued that by not reaffirming his interest in records pertaining to his requests on how his FOIA requests had been processed he had narrowed the scope of the requests. But Moss pointed out that "this history does not relieve TSA of its obligation to conduct a reasonable search for the records reasonably identified in the FOIA requests. The clarification process provides requesters and agencies a means of clearing up ambiguities in a request. But the Court cannot concluded that a requester has forfeited a portion of their FOIA request simply by failing explicitly to request it in responding to an invitation to 'provide as much information as possible to enable the FOIA Branch to locate the records being sought.' To adopt such a regime would give requesters a disincentive to work with the agency to clarify their requests for fear of inadvertently forfeiting legitimate components of their initial FOIA request by failing to reassert the initial requests in their entireties. And it would limit 'FOIA's purpose of shedding light on the operations and activities of government,' by providing opportunities for agencies to engage in gamesmanship to limit the scope of FOIA requests."
Issues: Choice of format, Choice of format - Burdensome
User-contributed Documents
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Docket Events (Hide)
Date FiledDoc #Docket Text

2014-03-131PLAINTIFF'S EX PARTE Notice of Filing Fee Surety by SAI. (md, ) (Entered: 03/13/2014)
2014-03-132MOTION for Leave to File Motion to Proceed in forma pauperis and Appointment of Attorney Ex Parte Under Seal by SAI. (md, ) "LEAVE TO FILE GRANTED". (Entered: 03/13/2014)
2014-03-133MOTION for Acceptance of P.O. Box as Official Address by SAI. (md, ) (Entered: 03/13/2014)
2014-03-134ORDERED that the motion 3 for leave to file the complaint using a post office box address be, and hereby is, GRANTED; ORDERED that by April 5, 2014 Sai provide the court with an update on his permanent address, unless his motion for a CM/ECF password is granted. Signed by Chief Judge Richard W. Roberts on 3/12/2014. (md, ) (Entered: 03/13/2014)
2014-03-135COMPLAINT against TRANSPORTATION SECURITY ADMINISTRATION (Filing Fee: Paid, $ 400, Receipt No. 4616062663) filed by SAI. (Attachments: # 1 Civil Cover Sheet)(md, ) (Entered: 03/13/2014)
2014-03-136MOTION for CM/ECF User Name and Password by SAI. (md, ) (Entered: 03/13/2014)
2014-03-13FIAT ORDER DENYING WITHOUT PREJUDICE 2 plaintiff's Motion for Leave to Proceed in forma pauperis and for Appointment of Counsel. Signed by Judge Emmet G. Sullivan on 1/30/2014. (md, ) (Entered: 03/13/2014)
2014-03-13LEAVE TO FILE DENIED- EX PARTE UNDER SEAL This document is unavailable as the Court denied its filing. Signed by Judge Emmet G. Sullivan on 2/18/2014. (md, ) (Entered: 03/13/2014)
2014-03-137REQUEST to Clerk to File Summons by SAI. (md, ) (Entered: 03/19/2014)
2014-03-14Set/Reset Deadlines: By 4/5/2014, SAI to provide court with update on his permanent address unless his motion for CM/ECF password is granted. (zmm, ) (Entered: 03/14/2014)
2014-03-17SUMMONS (3) ISSUED as to TRANSPORTATION SECURITY ADMINISTRATION, U.S. Attorney and U.S. Attorney General. (md, ) (Entered: 03/18/2014)
2014-04-07MINUTE ORDER granting 6 plaintiff's Motion for CM/ECF Password. Signed by Judge Ellen S. Huvelle on April 7, 2014. (AG) (Entered: 04/07/2014)
2014-04-168MOTION to Expedite by SAI (SAI, ) (Entered: 04/16/2014)
2014-04-169MOTION for Leave to File Amended Complaint by SAI (SAI, ) (Entered: 04/16/2014)
2014-04-16MINUTE ORDER granting 9 Motion for Leave to File Amended Complaint. Pursuant to Federal Rule of Civil Procedure 15(a)(1)(b), plaintiff may amend his complaint once as a matter of right up until 21 days after the filing of a responsive pleading or motion. Signed by Judge Ellen S. Huvelle on April 16, 2014. (AG) (Entered: 04/16/2014)
2014-04-17MINUTE ORDER denying without prejudice 8 plaintiff's Motion to Expedite pending proof that plaintiff has served defendant with a copy of the summons and complaint pursuant to Rule 4 of the Federal Rules of Civil Procedure. Signed by Judge Ellen S. Huvelle on April 17, 2014. (AG) (Entered: 04/17/2014)
2014-04-1810SUPPLEMENTAL MEMORANDUM to re 8 MOTION to Expedite filed by SAI. (SAI, ) (Entered: 04/18/2014)
2014-04-1811NOTICE of Change of Address by SAI (SAI, ) (Entered: 04/18/2014)
2014-04-2412CERTIFICATE OF SERVICE by SAI re 5 Complaint , 8 , 9 , and 11 . (SAI, ) (Entered: 04/24/2014)
2014-05-2813NOTICE of Appearance by Jeremy S. Simon on behalf of TRANSPORTATION SECURITY ADMINISTRATION (Simon, Jeremy) (Entered: 05/28/2014)
2014-05-2814MOTION for Extension of Time to Answer or Otherwise Respond to Complaint by TRANSPORTATION SECURITY ADMINISTRATION (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 05/28/2014)
2014-05-2815RESPONSE re 14 MOTION for Extension of Time to Answer or Otherwise Respond to Complaint filed by SAI. (Attachments: # 1 Supplement Email to AUSA Simon)(SAI, ) (Entered: 05/28/2014)
2014-05-2916REPLY to opposition to motion re 14 MOTION for Extension of Time to Answer or Otherwise Respond to Complaint filed by TRANSPORTATION SECURITY ADMINISTRATION. (Simon, Jeremy) (Entered: 05/29/2014)
2014-06-0917ORDER granting 14 Motion for Extension of Time to Answer. Defendant's answer is due by July 10, 2014, unless plaintiff moves before July 1, 2014, for leave to amend or to supplement his complaint. See order for details. Signed by Judge Ellen S. Huvelle on June 9, 2014. (AG) (Entered: 06/09/2014)
2014-06-09MINUTE ORDER re April 16, 2014 Minute Order: For the reasons stated in the Order granting defendant's motion for extension of time to answer (ECF No. 17 ), it is hereby ORDERED that the sentence in the April 16, 2014 Minute Order that reads "Pursuant to Federal Rule of Civil Procedure 15(a)(1)(B), plaintiff may amend his complaint once as a matter of right up until 21 days after the filing of a responsive pleading or motion" is STRICKEN. Signed by Judge Ellen S. Huvelle on June 9, 2014. (AG) (Entered: 06/09/2014)
2014-06-10Set/Reset Deadlines: Answer due by 7/10/2014. (zmm, ) (Entered: 06/10/2014)
2014-06-1518MOTION for Preliminary Injunction , MOTION for Temporary Restraining Order , MOTION to Expedite per LCvR 65.1(d) by SAI (Attachments: # 1 Statement of Facts Statement of facts as to which there is no genuine issue)(SAI, ) (Entered: 06/15/2014)
2014-06-1619Consent MOTION to Amend/Correct 18 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order MOTION to Expedite per LCvR 65.1(d) to withdraw TRO portion by SAI (Attachments: # 1 Supplement Corrected motion for preliminary injunction)(SAI, ) (Entered: 06/16/2014)
2014-06-16MINUTE ORDER granting plaintiff's 19 consent motion to amend/correct plaintiff's 18 motion for a preliminary injunction, temporary restraining order, and to expedite, denying plaintiff's 18 initial motion as moot, and setting a briefing schedule. Plaintiff's consent motion to amend 19 is hereby GRANTED and plaintiff's initial motion 18 is DENIED WITHOUT PREJUDICE AS MOOT. The Clerk is instructed to docket the attachment to plaintiff's 19 consent motion as a separate Motion for a Preliminary Injunction. It is further ORDERED that defendant's opposition to plaintiff's motion for a preliminary injunction is due on June 25, 2014; plaintiff's reply is due July 2, 2014. Signed by Judge James E. Boasberg on June 16, 2014.(lcesh1) (Entered: 06/16/2014)
2014-06-1620MOTION for Preliminary Injunction by SAI (jf, ) (Entered: 06/16/2014)
2014-06-1721MOTION for Leave to File amended complaint , MOTION to Amend/Correct 5 Complaint by SAI (Attachments: # 1 Amended complaint)(SAI, ) (Entered: 06/17/2014)
2014-06-1722MOTION to Expedite , MOTION to Amend/Correct 10 Supplemental Memorandum by SAI (SAI, ) (Entered: 06/17/2014)
2014-06-1723Emergency MOTION to Issue Summons by SAI (SAI, ) (Entered: 06/17/2014)
2014-06-17MINUTE ORDER denying without prejudice plaintiff's 23 Motion to Issue Summons. It is HEREBY ORDERED that plaintiff's 23 emergency motion to issue a summons is DENIED WITHOUT PREJUDICE pending the Court's ruling on plaintiff's 21 motion for leave to file an amended complaint. Signed by Judge James E. Boasberg as Motions Judge on behalf of Judge Ellen Segal Huvelle on June 17, 2014. (lcesh1) (Entered: 06/17/2014)
2014-06-1724CERTIFICATE OF SERVICE by SAI re 21 MOTION for Leave to File amended complaint MOTION to Amend/Correct 5 Complaint re [21-1] . (SAI, ) (Entered: 06/17/2014)
2014-06-1725MEMORANDUM re 24 Certificate of Service filed by SAI, Order on Motion to Issue Summons, 23 Emergency MOTION to Issue Summons filed by SAI by SAI. (SAI, ) (Entered: 06/17/2014)
2014-06-1826MOTION for Protective Order by TRANSPORTATION SECURITY ADMINISTRATION (Attachments: # 1 Proposed Order, # 2 Plaintiff's First Request for Admission and Interrogatory)(Simon, Jeremy) (Entered: 06/18/2014)
2014-06-20Set/Reset Deadlines: Response to plaintiff's motion for preliminary injunction due by 6/25/2014 Reply due by 7/2/2014. (zmm, ) (Entered: 06/20/2014)
2014-06-2527Memorandum in opposition to re 20 MOTION for Preliminary Injunction filed by TRANSPORTATION SECURITY ADMINISTRATION. (Attachments: # 1 Declaration of Amanda Deplitch, # 2 Proposed Order)(Simon, Jeremy) (Entered: 06/25/2014)
2014-06-2628MOTION to Compel production of documents , MOTION to Expedite this motion , MOTION for Discovery by SAI (Attachments: # 1 Request for production of documents, # 2 Exhibit Exhibit 1: 2013-03-16 - 2013-04-01 FOIA request for TSA policies & procedures.pdf, # 3 Exhibit Exhibit 2: 2013-01-26 - 2014-01-06 Correspondence re TSA grievances.pdf)(SAI, ) (Entered: 06/26/2014)
2014-06-2929RESPONSE re 26 MOTION for Protective Order , filed by SAI. (Attachments: # 1 Exhibit 2014-06-23 - 2014-06-29 Email conversation with AUSA Simon re RFA)(SAI, ) (Entered: 06/29/2014)
2014-06-2930Cross MOTION to Compel, MOTION for Sanctions by SAI. (See Docket Entry 29 to view document) (jf, ) Modified on 7/1/2014 (gt, ). (Entered: 06/30/2014)
2014-07-0231REPLY to opposition to motion re 20 MOTION for Preliminary Injunction, 18 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order MOTION to Expedite per LCvR 65.1(d) , and Motion for imposition of sanctions filed by SAI. (Attachments: # 1 Exhibit 2013-11-23 FOIA acknowledgment)(SAI, ) (Entered: 07/02/2014)
2014-07-0232MOTION for Sanctions by SAI. (See Docket Entry 31 to view document) (jf, ) (Entered: 07/03/2014)
2014-07-0633MOTION for Leave to File Supplement to Reply 31 to TSA opposition 27 to preliminary injunction 20 by SAI (Attachments: # 1 Supplement Supplement to Reply to TSA opposition to preliminary injunction, # 2 Exhibit Statement of Adam Bliss, # 3 Exhibit Statement of Caleb Lanik, # 4 Exhibit Statement of Douglas Cantrell, # 5 Exhibit Statement of John Doe, # 6 Exhibit Statement of Lorrin Nelson, # 7 Exhibit Statement of Nick Staddon & Sandy Hall)(SAI, ) (Entered: 07/06/2014)
2014-07-0734MEMORANDUM OPINION. Signed by Judge Ellen S. Huvelle on July 7, 2014. (lcesh1) (Entered: 07/07/2014)
2014-07-0735ORDER denying 20 plaintiff's Motion for Preliminary Injunction, denying 32 plaintiff's Motion for Sanctions, and denying 33 plaintiff's Motion for Leave to File a Supplement to his Reply Brief, for the reasons stated in the accompanying 34 Memorandum Opinion. Signed by Judge Ellen S. Huvelle on July 7, 2014. (lcesh1) (Entered: 07/07/2014)
2014-07-0736Memorandum in opposition to re 21 MOTION for Leave to File amended complaint MOTION to Amend/Correct 5 Complaint filed by TRANSPORTATION SECURITY ADMINISTRATION. (Attachments: # 1 Proposed Order, # 2 Exhibits 1 to 4)(Simon, Jeremy) (Entered: 07/07/2014)
2014-07-0737Memorandum in opposition to re 22 MOTION to Expedite MOTION to Amend/Correct 10 Supplemental Memorandum filed by TRANSPORTATION SECURITY ADMINISTRATION. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 07/07/2014)
2014-07-1038MOTION for Reconsideration re 34 Memorandum & Opinion, 31 Reply to opposition to Motion, 35 Order on Motion for Sanctions, Order on Motion for Leave to File, Order on Motion for Preliminary Injunction,,, to reconsider motion for sanctions by SAI (SAI, ) (Entered: 07/10/2014)
2014-07-1039REPLY to opposition to motion re 26 MOTION for Protective Order filed by TRANSPORTATION SECURITY ADMINISTRATION. (Simon, Jeremy) (Entered: 07/10/2014)
2014-07-1040Memorandum in opposition to re 30 MOTION to Compel MOTION for Sanctions, 28 MOTION to Compel production of documents MOTION to Expedite this motion MOTION for Discovery filed by TRANSPORTATION SECURITY ADMINISTRATION. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 07/10/2014)
2014-07-1541REPLY to opposition to motion re 21 MOTION for Leave to File amended complaint MOTION to Amend/Correct 5 Complaint filed by SAI. (Attachments: # 1 Exhibit 1 - 2013-02-15 - 2013-02-28 Email correspondence re FOIA request 13-0375, # 2 Exhibit 2 - 2013-02-20 FOIA new number TSA13-0414, # 3 Exhibit 3 - 2014-02-12 FOIA 2014-TSPA-00188, # 4 Exhibit 4 - 2014-02-12 FOIA 2014-TSPA-00189, # 5 Exhibit 5 - 2013-01-26 - 2013-03-07 Grievance for TSA agent actions on January 21st, # 6 Exhibit 6 - 2013-02-12 Massport public records request response - Attachment - Public Record respose to Sai, # 7 Exhibit 7 - 2013-03-19 - 2013-03-21 SFO response to Request for Documents, # 8 Exhibit 8 - 2013-04-01 - 2013-04-04 SFO response to FOIA, # 9 Exhibit 9 - 2013-04-12 SFO ADA Complaint - Attachment - Video 1, # 10 Exhibit 10 - 2013-04-12 SFO ADA Complaint - Attachment - Video 2)(SAI, ) (Entered: 07/15/2014)
2014-07-1842MEMORANDUM OPINION AND ORDER denying 22 plaintiff's Motion to Expedite. Signed by Judge Ellen S. Huvelle on July 18, 2014. (lcesh1) (Entered: 07/18/2014)
2014-07-2243MEMORANDUM OPINION AND ORDER granting 26 defendant's motion for Protective Order and denying 30 plaintiff's cross-motion to compel. No discovery shall be conducted in this case until and unless ordered by the Court. Signed by Judge Ellen S. Huvelle on July 22, 2014. (lcesh1) (Entered: 07/22/2014)
2014-07-2244ORDER denying 30 plaintiff's motion for sanctions. Signed by Judge Ellen S. Huvelle on July 22, 2014. (lcesh1) (Entered: 07/22/2014)
2014-07-2845Memorandum in opposition to re 38 MOTION for Reconsideration re 34 Memorandum & Opinion, 31 Reply to opposition to Motion, 35 Order on Motion for Sanctions, Order on Motion for Leave to File, Order on Motion for Preliminary Injunction,,, to reconsider motion for sancti filed by TRANSPORTATION SECURITY ADMINISTRATION. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 07/28/2014)
2014-07-2946REPLY to opposition to motion re 2 MOTION for Leave to Proceed in forma pauperis, 38 MOTION for Reconsideration re 34 Memorandum & Opinion, 31 Reply to opposition to Motion, 35 Order on Motion for Sanctions, Order on Motion for Leave to File, Order on Motion for Preliminary Injunction,,, to reconsider motion for sancti ons filed by SAI. (Attachments: # 1 Exhibit 1 - 2013-03-25 tsa foia response - sfo incident, # 2 Exhibit 2 - 2013-03-25 tsa foia response - policies & procedures, # 3 Exhibit 3 - 2013-03-16 FOIA request for TSA policies & procedures - Attachment)(SAI, ) (Entered: 07/29/2014)
2014-07-3147MEMORANDUM OPINION AND ORDER denying 38 Plaintiff's Motion for Reconsideration. Signed by Judge Ellen S. Huvelle on July 31, 2014. (lcesh1) (Entered: 07/31/2014)
2014-07-3148MEMORANDUM OPINION AND ORDER denying 28 Plaintiff's Motion to Compel. Signed by Judge Ellen S. Huvelle on July 31, 2014. (lcesh1) (Entered: 07/31/2014)
2014-08-0149MEMORANDUM OPINION AND ORDER denying 21 plaintiff's Motion for Leave to File and Amended Complaint. Signed by Judge Ellen S. Huvelle on August 1, 2014. (lcesh1) (Entered: 08/01/2014)
2014-08-04Set/Reset Deadlines: Answer due by 4/11/2014. (zmm, ) (Entered: 08/04/2014)
2014-08-0750MOTION for Reconsideration re 49 Order on Motion for Leave to File, Order on Motion to Amend/Correct Complaint , MOTION to Clarify Order 49 by SAI (SAI, ) (Entered: 08/07/2014)
2014-08-0851MOTION to Strike 5 Complaint and to Dismiss in Part by TRANSPORTATION SECURITY ADMINISTRATION (Attachments: # 1 Addendum, # 2 Proposed Order)(Simon, Jeremy). Added MOTION to Dismiss in part on 8/11/2014 (jf, ). (Entered: 08/08/2014)
2014-08-0852ERRATA Supplement by SAI 50 MOTION for Reconsideration re 49 Order on Motion for Leave to File, Order on Motion to Amend/Correct Complaint MOTION to Clarify Order 49 filed by SAI. (Attachments: # 1 Exhibit 1 - 2014-08-08 2013-TSFO-01096 Response Letter SIGNED, # 2 Exhibit 2 - 2014-08-08 2013-TSFO-01096 Final Release Document)(SAI, ) (Entered: 08/08/2014)
2014-08-11NOTICE OF ERROR re 51 Motion to Strike; emailed to jeremy.simon@usdoj.gov, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. DO NOT REFILE --- Counsel is reminded to select all parts of their motion (jf, ) (Entered: 08/11/2014)
2014-08-1253MOTION to Compel Answer, Motion to Strike , by SAI (SAI, ) Modified on 8/13/2014 (jf, ). (Entered: 08/12/2014)
2014-08-1354ORDER advising plaintiff to respond to defendant's 51 partial motion to dismiss by August 28, 2014 or Court may deem matter as conceded. Signed by Judge Ellen S. Huvelle on August 13, 2014. (lcesh1) (Entered: 08/13/2014)
2014-08-1355ORDER denying plaintiff's 53 motions to compel defendant to file an answer and to strike defendant's motion to strike. Defendant's obligation to file an answer is tolled pending the Court's consideration of its 51 motions to strike and partially dismiss plaintiff's complaint; plaintiff may not file further motions without the Court's leave or direction until the Court resolves defendant's pending 51 motions. Signed by Judge Ellen S. Huvelle on August 13, 2014. (lcesh1) (Entered: 08/13/2014)
2014-08-15Set/Reset Deadlines: Response to defendant's motion to dismiss due by 8/28/2014. (zmm, ) (Entered: 08/15/2014)
2014-08-2556Memorandum in opposition to re 50 MOTION for Reconsideration re 49 Order on Motion for Leave to File, Order on Motion to Amend/Correct Complaint MOTION to Clarify Order 49 filed by TRANSPORTATION SECURITY ADMINISTRATION. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 08/25/2014)
2014-08-2657MOTION to Clarify Orders 54 and 55 , Emergency MOTION for Extension of Time to File Response/Reply as to 50 MOTION for Reconsideration re 49 Order on Motion for Leave to File, Order on Motion to Amend/Correct Complaint MOTION to Clarify Order 49 , 51 MOTION to Strike 5 Complaint and to Dismiss in Part by SAI (Attachments: # 1 Exhibit 1 - 2014-08-08 2013-TSPA-00339 interim release letter 8-8-14 signed and dated - redacted, # 2 Exhibit 2 - 2014-08-08 2013-TSPA-00339 Interim Release Documents August 8 2014 pt 1 - redacted, # 3 Exhibit 3 - 2014-08-08 2013-TSPA-00339 Interim Release Documents August 8 2014 pt 2 - redacted, # 4 Exhibit 4 - 2014-08-08 2013-TSPA-00368 Interim response signed and dated - redacted, # 5 Exhibit 5 - 2014-08-08 2013-TSPA-00368 Interim Release Documents August 8 2014 - redacted, # 6 Exhibit 6 - Response to TSA re interim releases generally, # 7 Exhibit 7 - Response to TSA re 2013-TSFO-01096 interim release, # 8 Exhibit 8 - Response to TSA re 2013-TSPA-00339 interim release, # 9 Exhibit 9 - Response to TSA re 2013-TSPA-00368 interim release)(SAI, ) (Entered: 08/26/2014)
2014-08-2658ORDER granting plaintiff's 57 Motion for Extension of Time and 57 Motion for Clarification. Plaintiff shall respond to defendant's 51 motion to dismiss no later than September 11, 2014, and shall reply to defendant's 56 opposition to plaintiff's motion for reconsideration no later than September 15, 2014. Under the Court's 55 August 13, 2014 Order, plaintiff may file motions for extensions of time, as well as responses and replies to pending motions, without leave of the Court, but may not file a cross-motion for summary judgment or additional motions for clarification without leave of the Court until the Court resolves defendant's pending 51 motions. (See Order.) Signed by Judge Ellen S. Huvelle on August 26, 2014. (lcesh1) (Entered: 08/26/2014)
2014-08-27Set/Reset Deadlines: Response to motion to dismiss due by 9/11/2014. Reply due by 9/15/2014. (zmm, ) (Entered: 08/27/2014)
2014-09-1059Emergency MOTION for Extension of Time to File Response/Reply as to 51 MOTION to Strike 5 Complaint and to Dismiss in Part , 50 MOTION for Reconsideration re 49 Order on Motion for Leave to File, Order on Motion to Amend/Correct Complaint MOTION to Clarify Order 49 for 14 days extension - UNOPPOSED by SAI (SAI, ) (Entered: 09/10/2014)
2014-09-11MINUTE ORDER granting plaintiff's unopposed 59 Motion for extension of time to file response/reply. For good cause shown, it is HEREBY ORDERED that plaintiff's 59 Motion for an extension of time is GRANTED. Plaintiff shall respond to defendant's 51 motion to dismiss no later than September 25, 2014, and plaintiff shall reply to defendant's 56 opposition to plaintiff's 50 motion for reconsideration no later than September 29, 2014. Signed by Judge Ellen S. Huvelle on September 11, 2014. (lcesh1) (Entered: 09/11/2014)
2014-09-12Set/Reset Deadlines: Response to Motion to Dismiss due by 9/25/2014. Reply to Defendant's opposition to Plaintiff's Motion for Reconsideration due by 9/29/2014. (sm) (Entered: 09/12/2014)
2014-09-1260MOTION for Extension of Time to File Response/Reply as to 51 MOTION to Strike 5 Complaint and to Dismiss in Part , 50 MOTION for Reconsideration re 49 Order on Motion for Leave to File, Order on Motion to Amend/Correct Complaint MOTION to Clarify Order 49 until pending responses are released , MOTION for Leave to File divided response and motions for partial summary judgment, to compel response, and to amend complaint by SAI (SAI, ) (Entered: 09/12/2014)
2014-09-1861ORDER denying plaintiff's 60 Motion for Extension of Time to File Response/Reply and denying plaintiff's 60 Motion for Leave to File a Partial Motion for Summary Judgment and a Motion to Compel. The parties should proceed briefing the pending motions according to the schedule set forth in the Courts September 11, 2014 Minute Order. (See Order for details.) Signed by Judge Ellen S. Huvelle on September 18, 2014. (lcesh1) (Entered: 09/18/2014)
2014-09-2562Emergency MOTION for Extension of Time to File Response/Reply as to 51 MOTION to Strike 5 Complaint and to Dismiss in Part , 50 MOTION for Reconsideration re 49 Order on Motion for Leave to File, Order on Motion to Amend/Correct Complaint MOTION to Clarify Order 49 for 7 days by SAI (SAI, ) (Entered: 09/25/2014)
2014-09-2563SUPPLEMENT re 62 Emergency MOTION for Extension of Time to File Response/Reply by SAI. (SAI, ) Modified on 9/26/2014 (jf, ). (Entered: 09/25/2014)
2014-09-3064Unopposed MOTION for Extension of Time to File Response/Reply as to 51 MOTION to Strike 5 Complaint and to Dismiss in Part , 50 MOTION for Reconsideration re 49 Order on Motion for Leave to File, Order on Motion to Amend/Correct Complaint MOTION to Clarify Order 49 until October 17 by SAI (SAI, ) (Entered: 09/30/2014)
2014-09-30MINUTE ORDER granting 64 plaintiff's unopposed Motion for Extension of Time to File Response/Reply and, accordingly, finding as moot 62 plaintiff's Motion for Extension of Time to File Response/Reply. Plaintiff's response and reply are due by October 17, 2014. Signed by Judge Ellen S. Huvelle on September 30, 2014. (AG) (Entered: 09/30/2014)
2014-09-30Set/Reset Deadlines: Response to TSA's motion to dismiss and strike due by 10/17/2014. Reply to TSA's opposition to motion for reconsideration due by 10/17/2014. (zmm, ) (Entered: 09/30/2014)
2014-09-30Set/Reset Deadlines as to 50 MOTION for Reconsideration re 49 Order on Motion for Leave to File, Order on Motion to Amend/Correct Complaint MOTION to Clarify Order 49 , 51 MOTION to Strike 5 Complaint and to Dismiss in Part . Responses due by 10/17/2014 Replies due by 10/17/2014. (zmm, ) (Entered: 09/30/2014)
2014-10-1665REPLY to opposition to motion re 50 MOTION for Reconsideration re 49 Order on Motion for Leave to File, Order on Motion to Amend/Correct Complaint . (Attachments: # 1 2014-10-03 2013-TSPA-00368 Final release letter, # 2 2014-10-03 2013-TSPA-00339 Final release Letter)(SAI, ) Modified on 10/17/2014 (jf, ). (Entered: 10/16/2014)
2014-10-1766ERRATA re 65 Reply to opposition to Motion, to correct typographic errors and quotes by SAI (Attachments: # 1 2014-10-03 2013-TSPA-00368 Final release letter, # 2 2014-10-03 2013-TSPA-00339 Final release letter)(SAI, ) Modified on 10/17/2014 (jf, ). (Entered: 10/17/2014)
2014-10-17/strike (jf, ) (Entered: 10/17/2014)
2014-10-1767RESPONSE re 51 MOTION to Strike 5 Complaint and to Dismiss in Part filed by SAI. (Attachments: # 1 2014-10-03 2013-TSPA-00368 Final release letter, # 2 2014-10-03 2013-TSPA-00339 Final release letter)(SAI, ) (Entered: 10/17/2014)
2014-10-2368Unopposed MOTION for Extension of Time to File Reply in Support of Motion to Strike Complaint and Dismiss in Part by TRANSPORTATION SECURITY ADMINISTRATION (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 10/23/2014)
2014-10-24MINUTE ORDER granting 68 Unopposed Motion for Extension of Time: Upon consideration of Defendant's Unopposed Motion for an Extension of Time to File Reply in Support of Motion to Strike Complaint and Dismiss in Part, and the entire record herein, it is hereby ORDERED that the Motion is GRANTED; and it is FURTHER ORDERED that Defendant shall have to, and including, November 12, 2014, to file its reply in support of its Motion to Strike Complaint and Dismiss in Part. Signed by Judge Ellen S. Huvelle on October 24, 2014. (AG) (Entered: 10/24/2014)
2014-10-27Set/Reset Deadlines as to 51 MOTION to Strike 5 Complaint and to Dismiss in Part . Reply due by 11/12/2014. (zmm, ) (Entered: 10/27/2014)
2014-11-0769NOTICE OF RELATED CASE by SAI. Case related to Case No. 1:14-cv-01876-ESH. (SAI, ) (Entered: 11/07/2014)
2014-11-1270REPLY to opposition to motion re 51 MOTION to Strike 5 Complaint and to Dismiss in Part filed by TRANSPORTATION SECURITY ADMINISTRATION. (Simon, Jeremy) (Entered: 11/12/2014)
2014-11-1371MOTION for Leave to File surreply and cross motion by SAI (Attachments: # 1 Surreply to motion to strike, # 2 Cross motion for dismissal without prejudice or preclusion, # 3 Exhibit - 2013-11-23 request)(SAI, ) (Entered: 11/13/2014)
2014-11-14Case randomly reassigned to Judge Randolph D. Moss. Judge Ellen S. Huvelle no longer assigned to the case. (gt, ) (Entered: 11/14/2014)
2014-12-0172Memorandum in opposition to re 71 MOTION for Leave to File surreply and cross motion filed by TRANSPORTATION SECURITY ADMINISTRATION. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 12/01/2014)
2015-06-09Minute Entry for proceedings held before Judge Randolph D. Moss: Telephone Conference held on 6/9/2015. (kt) (Entered: 06/11/2015)
2015-06-10MINUTE ORDER: As discussed on the teleconference held on June 9, 2015, it is hereby ORDERED that on or before July 31, 2015, the parties shall file a joint status report setting forth Defendants' expected timetable for providing additional material in response to the FOIA requests at issue in this litigation and identifying the subjects of any anticipated areas of remaining dispute. Signed by Judge Randolph D. Moss on 6/10/2015. (lcrdm2, ) (Entered: 06/10/2015)
2015-06-11Set/Reset Deadline: On or before 7/31/2015, the parties shall file a joint status report setting forth Defendants' expected timetable for providing additional material in response to the FOIA requests at issue in this litigation and identifying the subjects of any anticipated areas of remaining dispute. (kt) (Entered: 06/11/2015)
2015-07-3073Consent MOTION for Extension of Time to File Joint Status Report by TRANSPORTATION SECURITY ADMINISTRATION (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 07/30/2015)
2015-08-1974ORDER denying 50 Motion for Reconsideration; denying 50 Motion to Clarify; denying 51 Motion to Strike ; granting 71 Motion for Leave to File; denying [71-2] motion to dismiss; denying 73 Motion for Extension of Time. The restrictions imposed by Judge Huvelles earlier orders (Dkts. 55, 58) remain in place pending further order of the Court. See Order for Details. Signed by Judge Randolph D. Moss on 8/19/2015. (lcrdm2, ) (Entered: 08/19/2015)
2015-08-1975SURREPLY to re 51 MOTION to Strike 5 Complaint and to Dismiss in Part filed by SAI. (znmw) (Entered: 08/20/2015)
2015-08-1976Cross MOTION to Dismiss without prejudice or preclusion by SAI (Attachments: # 1 Exhibit)(znmw) (Entered: 08/20/2015)
2015-08-2477Proposed MOTION to Compel service of 49 USC § 46105(b) orders and findings of fact , Proposed MOTION for Declaratory Judgment re. § 46110(a) deadline by SAI (Attachments: # 1 Text of Proposed Order, # 2 2013-03-16 FOIA request for TSA policies & procedures, # 3 2015-06-02 FOIA request for all 49 USC 46110 "orders", # 4 2015-06-03 TSA 2015-TSFO-00251 acknowledgement, # 5 2015-06-11 TSA 2015-TSFO-00251 time estimate of 1 year, # 6 2015-06-15 DHS 2015-HQFO-00489 DHS final response and referral to TSA)(SAI, ) (Entered: 08/24/2015)
2015-08-2478MOTION for Leave to File lodged motion 77 to compel service of 49 USC § 46105(b) orders and findings of fact, and for declaratory relief re. § 46110(a) deadline by SAI (SAI, ) (Entered: 08/24/2015)
2015-08-3179NOTICE of Appearance by William Mark Nebeker on behalf of All Defendants (Nebeker, William) (Entered: 08/31/2015)
2015-08-3180MOTION for Extension of Time to File Answer re 5 Complaint, 48 Order on Motion to Compel, Order on Motion to Expedite, Order on Motion for Discovery, 77 Proposed MOTION to Compel service of 49 USC § 46105(b) orders and findings of fact Proposed MOTION for Declaratory Judgment re. § 46110(a) deadline , 47 Order on Motion for Reconsideration , MOTION for Extension of Time to File , MOTION for Extension of Time to File Response/Reply as to 77 Proposed MOTION to Compel service of 49 USC § 46105(b) orders and findings of fact Proposed MOTION for Declaratory Judgment re. § 46110(a) deadline , 78 MOTION for Leave to File lodged motion 77 to compel service of 49 USC § 46105(b) orders and findings of fact, and for declaratory relief re. § 46110(a) deadline by TRANSPORTATION SECURITY ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 08/31/2015)
2015-09-0281RESPONSE re 80 MOTION for Extension of Time to File Answer re 5 Complaint, 48 Order on Motion to Compel, Order on Motion to Expedite, Order on Motion for Discovery, 77 Proposed MOTION to Compel service of 49 USC § 46105(b) orders and findings of MOTION for Extension of Time to File MOTION for Extension of Time to File Response/Reply as to 77 Proposed MOTION to Compel service of 49 USC § 46105(b) orders and findings of fact Proposed MOTION for Declaratory Judgment re. § 46110(a) deadline , 78 MO - partial consent and partial opposition filed by SAI. (SAI, ) (Entered: 09/02/2015)
2015-09-03MINUTE ORDER: Upon consideration of Defendant's motion for an extension of time 80 , it is hereby ORDERED that the motion is GRANTED. The parties shall file the joint status report as set forth in the Court's June 10, 2015 Minute Order on or before September 22, 2015. Defendant shall respond to the Complaint on or before September 23, 2015. Defendant shall file any response to Plaintiff's Motion for Leave to File 77 and the Motion to Compel Service of 49 USC 46105(b) Orders 78 on or before October 2, 2015. Signed by Judge Randolph D. Moss on 9/3/2015. (lcrdm2, ) (Entered: 09/03/2015)
2015-09-03Set/Reset Deadlines: The parties shall file the joint status report on or before 9/22/2015; Defendant shall respond to the Complaint on or before 9/23/2015; Defendant shall file any response to Plaintiff's Motion for Leave to File 77 and the Motion to Compel Service of 49 USC 46105(b) Orders 78 on or before 10/2/2015. (kt) (Entered: 09/03/2015)
2015-09-2282Joint STATUS REPORT by TRANSPORTATION SECURITY ADMINISTRATION. (Nebeker, William) (Entered: 09/22/2015)
2015-09-2383ANSWER to 5 Complaint by TRANSPORTATION SECURITY ADMINISTRATION.(Nebeker, William) (Entered: 09/23/2015)
2015-10-0284Memorandum in opposition to re 77 Proposed MOTION to Compel service of 49 USC § 46105(b) orders and findings of fact Proposed MOTION for Declaratory Judgment re. § 46110(a) deadline , 78 MOTION for Leave to File lodged motion 77 to compel service of 49 USC § 46105(b) orders and findings of fact, and for declaratory relief re. § 46110(a) deadline filed by TRANSPORTATION SECURITY ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 10/02/2015)
2015-10-0885MOTION for Attorney Fees of $0 as matter of law , MOTION for Leave to File this motion , MOTION award of fees and costs and declaration of prevailing party status by SAI (SAI, ) (Entered: 10/08/2015)
2015-10-0886MOTION for Leave to File FRCP 15(d) supplemental pleading adding exhausted FOIA/PA requests by SAI (SAI, ) (Entered: 10/08/2015)
2015-10-1087NOTICE of Change of Address by Sai (Sai, ) (Entered: 10/10/2015)
2015-10-1988MOTION for Extension of Time to File Response/Reply as to 77 Proposed MOTION to Compel service of 49 USC § 46105(b) orders and findings of fact Proposed MOTION for Declaratory Judgment re. § 46110(a) deadline , 78 MOTION for Leave to File lodged motion 77 to compel service of 49 USC § 46105(b) orders and findings of fact, and for declaratory relief re. § 46110(a) deadline until Friday, October 23 by SAI (SAI, ) (Entered: 10/19/2015)
2015-10-2289NOTICE of conferral that Defendants take no position by SAI re 88 MOTION for Extension of Time to File Response/Reply as to 77 Proposed MOTION to Compel service of 49 USC § 46105(b) orders and findings of fact Proposed MOTION for Declaratory Judgment re. § 46110(a) deadline , 78 MO (SAI, ) (Entered: 10/22/2015)
2015-10-2390REPLY to opposition to motion re 77 Proposed MOTION to Compel service of 49 USC § 46105(b) orders and findings of fact Proposed MOTION for Declaratory Judgment re. § 46110(a) deadline , 78 MOTION for Leave to File lodged motion 77 to compel service of 49 USC § 46105(b) orders and findings of fact, and for declaratory relief re. § 46110(a) deadline filed by SAI. (SAI, ) (Entered: 10/23/2015)
2015-10-2691Memorandum in opposition to re 85 MOTION for Attorney Fees of $0 as matter of law MOTION for Leave to File this motion MOTION award of fees and costs and declaration of prevailing party status filed by TRANSPORTATION SECURITY ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 10/26/2015)
2015-10-2692Memorandum in opposition to re 86 MOTION for Leave to File FRCP 15(d) supplemental pleading adding exhausted FOIA/PA requests filed by TRANSPORTATION SECURITY ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 10/26/2015)
2015-10-27NOTICE OF ERROR re 91 Memorandum in Opposition; emailed to mark.nebeker@usdoj.gov, cc'd 5 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. In future, ECF login must match electronic signature on documents. (znmw, ) (Entered: 10/27/2015)
2015-12-21MINUTE ORDER: The parties shall appear for a joint status conference in this matter and in Civil Action No. 14-1876 on January 7, 2016, at 10 a.m., in Courtroom 21. Any party who wishes to appear telephonically shall contact the Courtroom Deputy Clerk to arrange for telephonic participation. Signed by Judge Randolph D. Moss on 12/21/2015. (lcrdm1, ) (Entered: 12/21/2015)
2015-12-21Set/Reset Hearing: A Status Conference is set for 1/7/2016, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 12/21/2015)
2016-01-0693MEMORANDUM AND OPINION: It is hereby ORDERED that Plaintiff's Motion for Leave to File 78 , and Plaintiff's Motion for Extension of Time 88 are GRANTED. Plaintiff's Motion to Compel Service 77 , Motion for Attorney Fees 85 , and Plaintiff's Motion for Leave to File Supplemental Pleading 86 are DENIED. It is further ORDERED that Plaintiff must seek and obtain leave of the Court prior to filing any motion other than a motion for an extension of time or a motion for summary judgment pursuant to the schedule to be entered by the Court in a separate, future order. As in Sai v. Dep't of Homeland Sec., 99 F. Supp. 3d 50, 6869 (D.D.C. 2015), leave to file shall be sought by raising the issue by telephonic status conference with the Court. To schedule such a conference, Plaintiff shall confer with counsel for the government regarding available dates and times and may then contact the courtroom deputy clerk at (202) 354-3084 to request a status conference. See document for details. Signed by Judge Randolph D. Moss on 1/6/2016. (lcrdm1, ) (Entered: 01/06/2016)
2016-01-07Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 1/7/2016; Order forthcoming. A further Status Conference is set for 3/11/2016, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (Court Reporter: Jeff Hook). (kt) (Entered: 01/07/2016)
2016-01-07MINUTE ORDER: It is hereby ORDERED that the parties shall file a joint status report on or before March 4, 2016. It is further ORDERED that the parties shall appear for a status conference on March 11, 2016, at 10 a.m. in Courtroom 21. Any party who wishes to appear telephonically shall contact the Courtroom Deputy Clerk to arrange for telephonic participation. During the status conference held today, January 7, 2016, Plaintiff Sai made an oral motion to reconsider the Court's March 13, 2014 fiat order denying without prejudice his Motion for Leave to Proceed in forma pauperis and for Appointment of Counsel. The oral motion was based on the reasons stated in Plaintiff's Motion for Leave to Proceed in forma pauperis and to Appoint Counsel in Case No. 14-1876 (Dkts. 65 & 66). The Court orally denied the motion for the same reasons as stated in that case. See No. 14-1876, Dkt. 88. Signed by Judge Randolph D. Moss on 1/7/2016. (lcrdm1, ) (Entered: 01/07/2016)
2016-01-08MINUTE ORDER: Plaintiff is directed not to contact the Courtroom Deputy Clerk or chambers via e-mail. To arrange for a status conference or to schedule a time to seek the Court's leave to file a motion, the parties shall follow the procedure outlined in the Court's April 16, 2015 Memorandum and Order in Case No. 14-1876 (Dkt. 56 ), and if necessary may jointly contact the Courtroom Deputy Clerk via telephone to schedule a time to confer with the Court regarding the relevant dispute. Signed by Judge Randolph D. Moss on 1/8/2016. (lcrdm1, ) (Entered: 01/08/2016)
2016-01-0894NOTICE OF INTERLOCUTORY APPEAL as to Order on Motion for Leave to Proceed in forma pauperis, Order,,, Leave to File Denied by SAI. Fee Status: No Fee Paid. Parties have been notified. (SAI, ) (Entered: 01/08/2016)
2016-01-1195Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Fee remains to be paid and another notice will be transmitted when the fee has been paid in the District Court re 94 Notice of Interlocutory Appeal. (znmw) (Entered: 01/11/2016)
2016-01-11MINUTE ORDER: The status conference previously scheduled for March 11, 2016, at 10 a.m. in Courtroom 21 is hereby VACATED. The parties shall appear for a status conference on March 11, 2016, at 2 p.m. in Courtroom 21. Any party who wishes to appear telephonically shall contact the Courtroom Deputy Clerk to arrange for telephonic participation. Signed by Judge Randolph D. Moss on 1/11/2016. (lcrdm1, ) (Entered: 01/11/2016)
2016-01-11Set/Reset Hearing: The Status Conference previously set for 3/11/2016, at 10:00 AM, is VACATED and RESCHEDULED for 3/11/2016, at 2:00 PM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 01/11/2016)
2016-01-19USCA Case Number 16-5004 for 94 Notice of Interlocutory Appeal filed by SAI. (zrdj) (Entered: 01/20/2016)
2016-01-22USCA Appeal Fees received $ 505 receipt number 4616075652 re 94 Notice of Interlocutory Appeal filed by SAI (zrdj) (Entered: 01/27/2016)
2016-01-2796Supplemental Record on Appeal transmitted to US Court of Appeals re 94 Notice of Interlocutory Appeal. (zrdj) (Entered: 01/27/2016)
2016-02-1697NOTICE OF SUBSTITUTION OF COUNSEL by Johnny Hillary Walker, III on behalf of TRANSPORTATION SECURITY ADMINISTRATION Substituting for attorney Jeremy S. Simon and William M. Nebeker (Walker, Johnny) (Entered: 02/16/2016)
2016-03-0398Joint STATUS REPORT and Proposed Briefing Schedule by TRANSPORTATION SECURITY ADMINISTRATION. (Walker, Johnny) (Entered: 03/03/2016)
2016-03-07MINUTE ORDER: Upon consideration of the Joint Status Report 98 , it is hereby ORDERED that Defendant shall file its motion for summary judgment on or before June 9, 2016. Plaintiff shall file its opposition and any cross motion on or before August 8, 2016. Defendant shall file its reply, if any, and its opposition to any cross motion on or before September 7, 2016. Plaintiff shall file its reply, if any, on or before October 7, 2016. Signed by Judge Randolph D. Moss on 3/7/2016. (lcrdm1, ) (Entered: 03/07/2016)
2016-03-07Set/Reset Deadlines: Defendant shall file its motion for summary judgment on or before 6/9/2016; Plaintiff shall file its opposition and any cross motion on or before 8/8/2016; Defendant shall file its reply, if any, and its opposition to any cross motion on or before 9/7/2016; Plaintiff shall file its reply, if any, on or before 10/7/2016. (kt) (Entered: 03/07/2016)
2016-03-07ENTERED IN ERROR.....Set/Reset Deadline: The parties shall submit a joint status report on or before 4/1/2016. (kt) Modified on 3/11/2016, entered in wrong case (kt). (Entered: 03/07/2016)
2016-03-11Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 3/11/2016. Issues addressed. (Court Reporter: Jeff Hook). (kt) (Entered: 03/11/2016)
2016-06-0999MOTION for Summary Judgment by TRANSPORTATION SECURITY ADMINISTRATION (Attachments: # 1 Statement of Facts as to Which There is No Genuine Issue, # 2 Memorandum in Support, # 3 Declaration of Regina McCoy (with exhibits), # 4 Declaration of Douglas Blair, # 5 Text of Proposed Order)(Walker, Johnny) (Entered: 06/09/2016)
2016-07-18100Consent MOTION for Extension of Time to File Response/Reply as to 99 MOTION for Summary Judgment and cross-motion, of 45 days , Consent MOTION for Briefing Schedule extending all deadlines by 45 days by SAI (SAI, ) (Entered: 07/18/2016)
2016-07-18101ORDER granting 100 Motion for Extension of Time to File Response/Reply. It is hereby ORDERED that Plaintiff Sai shall file his opposition/cross-motion to TSA's motion for summary judgment on or before September 22, 2016. TSA shall file its reply in support of its motion for summary judgment, as well as any opposition to a cross-motion, on or before October 10, 2016. Plaintiff's reply in support of his cross-motion for summary judgment, if any, shall be filed on or before November 23, 2016. Plaintiff Sai, who is proceeding pro se, is further advised that failure to respond to TSA's motion may result in the Court granting the motion and dismissing the case or entering judgment in favor of the defendant. See document for details. Signed by Judge Randolph D. Moss on 7/18/2016. (lcrdm1, ) (Entered: 07/18/2016)
2016-07-18Set/Reset Deadlines: Plaintiff Sai shall file his opposition/cross-motion to TSA's motion for summary judgment on or before 9/22/2016; TSA shall file its reply in support of its motion for summary judgment, as well as any opposition to a cross-motion, on or before 10/10/2016; Plaintiff's reply in support of his cross-motion for summary judgment, if any, shall be filed on or before 11/23/2016. (kt) (Entered: 07/18/2016)
2016-08-02102MANDATE of USCA (certified copy) as to 94 Notice of Interlocutory Appeal filed by SAI. USCA Case Number 16-5004. (Attachments: # 1 order filed June 6, 2016)(zrdj) (Entered: 08/02/2016)
2016-08-12NOTICE of Hearing: A Telephone Conference is set for 8/25/2016, at 11:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 08/12/2016)
2016-08-25Minute Entry for proceedings held before Judge Randolph D. Moss: Telephone Conference held on 8/25/2016. Order forthcoming. (Court Reporter: Jeff Hook). (kt) (Entered: 08/25/2016)
2016-08-25MINUTE ORDER: It is hereby ORDERED that the deadline for Plaintiff to file his opposition/cross-motion to TSA's motion for summary judgment is hereby extended to November 4, 2016. Defendant shall file its reply, as well as any opposition to a cross-motion,on or before November 22, 2016. Plaintiff's reply in support of his cross-motion for summary judgment, if any, shall be filed on or before January 5, 2017. Signed by Judge Randolph D. Moss on 8/25/2016. (lcrdm1, ) (Entered: 08/25/2016)
2016-08-26Set/Reset Deadlines: Plaintiff to file his opposition/cross-motion to TSA's motion for summary judgment is hereby extended to 11/4/2016; Defendant shall file its reply, as well as any opposition to a cross-motion, on or before 11/22/2016; Plaintiff's reply in support of his cross-motion for summary judgment, if any, shall be filed on or before 1/5/2017. (kt) (Entered: 08/26/2016)
2016-08-26103Consent MOTION to Modify the Briefing Schedule by TRANSPORTATION SECURITY ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 08/26/2016)
2016-08-26MINUTE ORDER: Upon consideration of the Consent Motion to Modify 103 , it is hereby ORDERED that the motion is GRANTED. Plaintiff shall file its opposition/cross-motion to TSA's motion for summary judgment on or before November 4, 2016. Defendant shall file its reply, as well as any opposition to a cross-motion, on or before December 6, 2016. Plaintiff's reply in support of its cross-motion for summary judgment, if any, shall be filed on or before January 5, 2017. Signed by Judge Randolph D. Moss on 8/26/2016. (lcrdm1, ) (Entered: 08/26/2016)
2016-08-26Set/Reset Deadlines: Plaintiff shall file its opposition/cross-motion to TSA's motion for summary judgment on or before 11/4/2016;. Defendant shall file its reply, as well as any opposition to a cross-motion, on or before 12/6/2016; Plaintiff's reply in support of its cross-motion for summary judgment, if any, shall be filed on or before 1/5/2017. (kt) (Entered: 08/26/2016)
2016-09-12104Consent MOTION for Leave to File a Supplemental Brief in Support of Defendant's Motion for Summary Judgment by TRANSPORTATION SECURITY ADMINISTRATION (Attachments: # 1 Exhibit 1: Proposed Filing, # 2 Text of Proposed Order)(Walker, Johnny) (Entered: 09/12/2016)
2016-09-12MINUTE ORDER: Upon consideration of Defendants Consent Motion for Leave to File a Supplemental Brief in Support of its Motion for Summary Judgment 104 , it is hereby ORDERED that Defendants motion is GRANTED. The attached supplemental brief is hereby deemed filed. Signed by Judge Randolph D. Moss on 9/12/2016. (lcrdm1, ) (Entered: 09/12/2016)
2016-09-12105SUPPLEMENTAL Brief re 99 MOTION for Summary Judgment filed by TRANSPORTATION SECURITY ADMINISTRATION. (zrdj) (Main Document 105 replaced on 4/26/2018 to correct header issue.) (ztnr) (Entered: 09/13/2016)
2016-10-20106Consent MOTION for Leave to File a Second Supplemental Memorandum of Points and Authorities in Support of Defendant's Motion for Summary Judgment by TRANSPORTATION SECURITY ADMINISTRATION (Attachments: # 1 Exhibit 1: Second Supplemental Memorandum of Points and Authorities in Support of Defendant's Motion for Summary Judgment, # 2 Text of Proposed Order)(Walker, Johnny) (Entered: 10/20/2016)
2016-10-20MINUTE ORDER: Upon consideration of Defendant's Consent Motion for Leave to File a Second Supplemental Brief 106 , the motion is hereby GRANTED. It is further ORDERED that the second supplemental brief with supporting declaration attached as an exhibit to defendant's motion for leave is deemed filed as of October 20, 2016. Signed by Judge Randolph D. Moss on 10/20/2016. (lcrdm1, ) (Entered: 10/20/2016)
2016-10-20107Second SUPPLEMENTAL Brief re 99 MOTION for Summary Judgment filed by TRANSPORTATION SECURITY ADMINISTRATION. (zrdj) (Entered: 10/20/2016)
2016-10-20108NOTICE of Filing of Declaration in Support of Defendant's Second Supplemental Memorandum of Points and Authorities in Support of its Motion for Summary Judgment by TRANSPORTATION SECURITY ADMINISTRATION re 107 Supplemental Memorandum (Attachments: # 1 Declaration of Regina McCoy)(Walker, Johnny) (Entered: 10/20/2016)
2016-10-28109Consent MOTION for Briefing Schedule amended per motion , Consent MOTION for Extension of Time to File all pending briefing by 30 days by SAI (SAI, ) (Entered: 10/28/2016)
2016-10-30MINUTE ORDER: Upon consideration of the Consent Motion for Extension and Revised Briefing Schedule 109 , the motion is hereby GRANTED. It is hereby ORDERED that Plaintiff Sai shall file his opposition/cross-motion to TSA's motion for summary judgment on or before December 5, 2016. TSA shall file its reply in support of its motion for summary judgment, as well as any opposition to a cross-motion, on or before January 6, 2017. Plaintiff's reply in support of his cross-motion for summary judgment, if any, shall be filed on or before February 6, 2017. The Court cautions the parties that, barring any extraordinary circumstances, no further extensions will be granted. Signed by Judge Randolph D. Moss on 10/30/2016. (lcrdm1, ) (Entered: 10/30/2016)
2016-10-31Set/Reset Deadlines: Plaintiff Sai shall file his opposition/cross-motion to TSA's motion for summary judgment on or before 12/5/2016; TSA shall file its reply in support of its motion for summary judgment, as well as any opposition to a cross-motion, on or before 1/6/2017; Plaintiff's reply in support of his cross-motion for summary judgment, if any, shall be filed on or before 2/6/2017. (kt) (Entered: 10/31/2016)
2016-12-05110Consent MOTION for Extension of Time to File Response/Reply as to 99 MOTION for Summary Judgment and cross-motion by SAI (SAI, ) (Entered: 12/05/2016)
2016-12-05MINUTE ORDER: The parties are hereby ORDERED to appear for a status conference on December 7, 2016, at 10:00 a.m. in order to discuss the scheduling issues raised in Plaintiff's Consent Motion for Extension of Time 110 . Should either party wish to appear telephonically, that party shall contact the Courtroom Deputy Clerk at (202) 354-3084 to make the necessary arrangements. Signed by Judge Randolph D. Moss on 12/5/2016. (lcrdm1, ) (Entered: 12/05/2016)
2016-12-06Set/Reset Hearings: A Status Conference is set for 12/7/2016, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 12/06/2016)
2016-12-07Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 12/7/2016. Court GRANTS IN PART Plaintiff's Motion for Extension of Time, as to filing an Opposition to the 99 Motion for Summary Judgment, to 1/30/2017; Defendant shall file their reply 30 days thereafter. No further extensions by Plaintiff will be granted. (Court Reporter: Jeff Hook). (kt) (Entered: 12/07/2016)
2016-12-07MINUTE ORDER: In light of Plaintiff's long delay in responding to Defendant's motion for summary judgment 99 and in order to avoid further delay in resolving that long-pending motion, the Court directs that Plaintiff postpone the filing of a cross-motion for summary judgment, if any, until after the Court has resolved Defendant's motion for summary judgment. If the Court concludes that Defendant's motion for summary judgment should be denied in whole or in part, it will then set a separate briefing schedule that will permit Plaintiff to file his own motion for summary judgment. Filing a cross-motion for summary judgment at this time, however, will extend the current briefing schedule even further and will unfairly delay completion of briefing on a motion that Defendant filed six months ago and that, to date, has gone unanswered. Signed by Judge Randolph D. Moss on 12/7/2016. (lcrdm1, ) (Entered: 12/07/2016)
2017-01-12NOTICE of Hearing: A Telephone Conference is set for 1/12/2017, at 3:00 PM, in Courtroom 21, before Judge Randolph D. Moss. (kt) Modified on 1/12/2017 to correct date (kt). (Entered: 01/12/2017)
2017-01-12Minute Entry for proceedings held before Judge Randolph D. Moss: Telephone Conference held on 1/12/2017. Plaintiff renewed his motions for in forma pauperis (IFP) status and appointment of counsel. It is the ORDER of the Court, that once the Plaintiff files his opposition brief as to the motion that has been pending, the Court will then grant Plaintiff leave to file a renewed motion for IFP status, along with a supporting motion for leave to file a declaration under seal. Plaintiff's renewed motion for appointment of counsel is hereby held in abeyance pending his IFP status and the Court's ruling on summary judgment. (Court Reporter: Jeff Hook). (kt) (Entered: 01/12/2017)
2017-02-01111RESPONSE re 99 MOTION for Summary Judgment filed by SAI. (Attachments: # 1 Response to defendant's statement of material facts, # 2 Affidavit and statement of genuine issues still in dispute, # 3 Vaughn indices)(SAI, ) (Entered: 02/01/2017)
2017-02-01112MOTION for Leave to File 111 three hours out of time by SAI (SAI, ) (Entered: 02/01/2017)
2017-02-02113Consent MOTION to Amend/Correct 112 MOTION for Leave to File 111 three hours out of time (amended: one day out of time; consent as to both amendment and motion) by SAI (SAI, ) (Entered: 02/02/2017)
2017-02-04114ERRATA exihibits to MSJ opp - Part 1 (UNOPPOSED) by SAI 111 Response to motion, filed by SAI. (Attachments: # 1 RDSOF 34 2013-04-01 email - FOIA request for TSA policies & procedures, # 2 RDSOF 34 2013-08-18 email - Pending response on TSA13-0424 & TSA13-0414; question re appeal on TSA13-0494, TSA13-0488 - redacted, # 3 SGI 2 n 2 82 FR 5790, # 4 SGI 18 n 7 OGIS TSA Compliance Report - Executive summary, # 5 SGI 18 n 7 OGIS TSA Compliance Report 2016-01-11 TSA FOIA compliance report, # 6 SGI 18 n 7 OGIS TSA Compliance Report 2016-05-17 120 day follow-up letter, # 7 SGI 18 n 7 OGIS TSA Compliance Report 2016-11-29 Letter re status of TSA FOIA recommendations, # 8 SGI 18 n 7, 48 n 22 OGIS TSA Compliance Report 2016-06-15 Compliance assessment response, # 9 SGI 18 n 8 October 25 2016 Meeting Transcript, # 10 SGI 18 n 8 Section 508 and FOIA Presentation (PDF converted), # 11 SGI 20 n 11 NSA - Redacting with Confidence, # 12 SGI 40 n 17 PapersPlease 2010-12-07 TSA releases list of SOPs - but says theyre all secret, # 13 SGI 40 n 17 PapersPlease 2010-12-07 TSA10-0179 FOIA response, # 14 SGI 40 n 17 PapersPlease 2010-12-07 TSA10-0179 FOIA appeal, # 15 SGI 43 n 19 DHS OIG-10-37 TSA's Breach of Sensitive Security Information (Redacted), # 16 SGI 45 2016-01-15 Final letter to complainant (01-15-16), # 17 SGI 46 n 20 81 FR 78623, # 18 SGI 47 n 21 PapersPlease 2008-07-08 TSA "identity verification" procedures, # 19 SGI 47 n 21 PapersPlease 2009-05-26 TSA releases (censored) ID checking procedures, # 20 SGI 47 n 21 PapersPlease 2009-05-26 certification-of-identity-form_checkpoint, # 21 SGI 47 n 21 PapersPlease 2009-05-26 tsafoiareq62108_final, # 22 SGI 47 n 21 PapersPlease 2015-04-09 Why did the TSA prevent these people from flying, # 23 SGI 47 n 21 PapersPlease 2015-04-09 2013-tsfo-01016-interim-8apr2015, # 24 SGI 47 n 21 PapersPlease 2015-04-09 foia-tsoc-id-verify-report, # 25 SGI 47 n 21 PapersPlease 2015-04-09 tsa_id_sop, # 26 SGI 47 n 21 PapersPlease 2015-04-09 tsa_id_sop-posted, # 27 SGI 47 n 21 PapersPlease 2015-04-09 tsa-form-415, # 28 SGI 92 n 23 DHS OIG-10-37 TSA's Breach of Sensitive Security Information (Redacted), # 29 SGI 93 n 24 tsa-screening-mgmt-sop, # 30 SGI 102 n 25 Intercept 2014-07-23 The secret government rulebook for labeling you a terrorist (PDF optimized), # 31 SGI 102 n 25 Intercept 2014-07-23 2013-watchlist-guidance (PDF optimized), # 32 SGI 107 n 26 Intercept 2015-03-27 Exclusive - TSA's secret behavior checklist to SPOT terrorists, # 33 SGI 107 n 26 Intercept 2015-03-27 spot-referral, # 34 SGI 111, 150 n 35 2003 Cues to Deception - Psychological Bulletin, vol. 129, no. 1, # 35 SGI 111, 150 n 35 2006 Accuracy of Deception Judgments - Personality and Social Psychology Review, vol. 10, no. 3)(SAI, ) (Entered: 02/04/2017)
2017-02-04115LARGE ADDITIONAL ATTACHMENT(S) exihibits to MSJ opp - Part 2 (UNOPPOSED) by SAI 114 Errata,,,,,,,,,,, filed by SAI. (Attachments: # 1 SGI 111, 150 n 35 2006 Who Can Best Catch a Liar - A Meta-Analysis of Individual Differences in Detecting Deception - The Forensic Examiner, 15(1), # 2 SGI 111, 150 n 35 2008 National Research Council - Protecting Individual Privacy in the Struggle Against Terrorists - A Framework for Assessment, # 3 SGI 111, 150 n 35 2010-05 Nature - Intent to deceive, # 4 SGI 111, 150 n 35 2011 Why Do Lie-Catchers Fail? A Lens Model Meta-Analysis of Human Lie Judgments - Psychological Bulletin, vol. 137, no. 4, # 5 SGI 111, 150 n 35 2013 RAND Using Behavioral Indicators to Help Detect Potential Violent Acts - A Review of the Science Base (PDF normalized), # 6 SGI 111, 152 n 36 2010-05-20 GAO report GAO-10-763 - Efforts to Validate TSA's Passenger Screening Behavior Detection Program Underway, but Opportunities Exist to Strengthen Validation and Address Operational Challenges (PDF normalized), # 7 SGI 111, 152 n 36 2011-04-06 Behavioral Science and Security Evaluating TSA's SPOT Program - 112 H. Hrg. 65-053, Serial No. 112-11, # 8 SGI 111, 152 n 36 2013-05-29 OIG-13-91 Transportation Security Administrations Screening of Passengers by Observation Techniques (Redacted), # 9 SGI 111, 152 n 36 2013-11-13 GAO report GAO-14-159 - TSA Should Limit Future Funding for Behavior Detection Activities (PDF normalized), # 10 SGI 111, 152 n 36 2014-03-31 Risk-Based Approaches to Airline Passenger Screening - CRS R43456, # 11 SGI 114 n 27 113 H. Hrg. 88-973, Serial No. 113-121 (May 29, 2014), # 12 SGI 114a n 28 Pseudo-Classification-Report-FINAL-5-28-2014-5, # 13 SGI 114b n 29 2016-07-07 How pervasive is misconduct at TSA - Examining findings from a joint subcommittee investigation, # 14 SGI 145a n 30 DHS OIG-15-18 Audit of Security Controls for DHS Information Systems at John F. Kennedy International Airport (Redacted) (Revised), # 15 SGI 145b n 31 DHS OIG-17-14 Summary Report on Audits of Security Controls for TSA Information Technology Systems at Airports (Redacted), # 16 SGI 148 n 32 Sai thesis - Motor imagery, action imitation, empathic accuracy, and confidence, # 17 SGI 167 n 40 HOPE Number Nine Shirt, # 18 SGI 167 n 41 US Department of HOPEland Security seal, # 19 SGI 179 2013-02-19 Massport public records request response - Attachment - Public Records response to Sai's response)(SAI, ) (Entered: 02/04/2017)
2017-02-22MINUTE ORDER: A Telephone Conference is set for February 24, 2017, at 10:30 a.m., in Courtroom 21, before Judge Randolph D. Moss. If either party cannot be available for the hearing, that party should coordinate with the opposing party and jointly contact the Courtroom Deputy Clerk to schedule an alternative date and/or time for the conference. Signed by Judge Randolph D. Moss on 2/22/2017. (lcrdm1, ) Modified on 2/23/2017 to change "Notice of Hearing" to "Minute Order" (kt). (Entered: 02/22/2017)
2017-02-23Set/Reset Hearings: A Telephone Conference is set for 2/24/2017, at 10:30 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 02/23/2017)
2017-02-24Minute Entry for proceedings held before Judge Randolph D. Moss: Telephone Conference held on 2/24/2017. Issues heard and addressed; Order forthcoming. (Court Reporter: Lisa Moreira). (kt) (Entered: 02/24/2017)
2017-02-24116STRICKEN Entries 116 & 116-1 in part, PURSUANT TO MINUTE ORDER FILED ON 02/24/2017.....SUPPLEMENTAL MEMORANDUM to re 111 Response to motion, and supplemental affidavit and exhibits filed by SAI. (Attachments: # 1 Supplemental affidavit, # 2 2014-10-01 ACLU FOIA request re SPOT, # 3 SA 1 - 2017-02-08 ACLU Bad Trip - Debunking the TSA's "Behavior Detection" Program, # 4 SA 4 - 2015-TSLI-00004 001404-001464 extracts, # 5 SA 4 - 2015-TSLI-00004 002557-002559, # 6 SA 4 - 2015-TSLI-00004 002802-002803, # 7 SA 4 - 2015-TSLI-00004 002829-002830, # 8 SA 4 - TSA 15-00014 004356-004416 extracts, # 9 SA 4 - TSA 15-00014 004893-004895, # 10 SA 4 - TSA 15-00014 005126-005127, # 11 SA 4 - TSA 15-00014 005153-005154, # 12 SA 7 - 2009-01-23 SPOT SOP Summary of Changes and Clarifications - TSA 15-0014 007207-007275, # 13 SA 7 - 2009-03-05 Civil Liberties Impact Assessment for the SPOT Program - TSA 15-0014 007857-007880, # 14 SA 7 - 2012-10-26 Memorandum from TSA re TSA Behavioral Detection Officers - TSA 15-00014 004206-004225, # 15 SA 7 - 2013-11-22 SPOT Behavioral Indicator Reference Guide - TSA 15-0014 005363-005380, # 16 SA 7 - 2013-12 SPOT Referral Report User Guide - TSA 15-0014 007286-007308, # 17 SA 7 - 2013-12 SPOT Techniques Referral Report User Guide - TSA 15-0014 07330-007352, # 18 SA 7 - 2013-12-19 Behavior Detection and Analysis Program Office - TSA 15-0014 007353-007357, # 19 SA 7 - 2013-12-19 Behavior Detection and Analysis Program Office - TSA 15-0014 007681-007682, # 20 SA 7 - 2014-04-15 SPOT Independent Subject Matter Expert Panel - TSA 15-0014 009308-009337, # 21 SA 7 - 2015 Behavior Detection and Analysis Program Handbook - TSA 15-00014 010043-010198 (PDF optimized), # 22 SA 7 - TSA SPOT Program Overview - TSA 15-0014 012704-012709)(SAI, ) Modified on 2/27/2017 (jf). (Entered: 02/24/2017)
2017-02-24MINUTE ORDER: At the hearing to consider Sai's request to submit additional affidavits and exhibits to his late-filed opposition to the TSA's motion for summary judgment, the Court permitted Sai to file 20 sample documents that were produced to the ACLU but not to him or that were produced with different redactions. The Court explicitly instructed that it "d[id] not want any legal argument," and it limited Sai's supplemental filing to "20 samples" and a declaration identifying the documents. Within two hours of the conclusion of the hearing, Sai submitted the 20 permitted sample documents, a "supplemental affidavit" [116-1], and, in direct contravention of the Court's instructions, a "supplemental brief in opposition to MSJ," 116 . Moreover, Sai's supplemental affidavit includes multiple paragraphs of argument. Accordingly, the Court hereby STRIKES Sai's "supplemental brief" 116 and paragraphs 8 through 20 of his "supplemental affidavit" [116-1] for failure to comply with the Court's directives. Sai is admonished that future violations of the Court's orders may result in the imposition of sanctions. The TSA's time to reply to Sai's opposition to the TSA's motion for summary judgment, as supplemented by the 20 sample documents, is hereby extended until March 9, 2017. After reviewing that brief, the Court will determine whether any additional briefing addressing the 20 sample documents, or any additional evidentiary submission, is appropriate. Signed by Judge Randolph D. Moss on 2/24/2017. (lcrdm1, ) Modified on 2/24/2017 for punctuation typo (kt). (Entered: 02/24/2017)
2017-02-27Set/Reset Deadlines: The TSA's time to reply to Sai's opposition to the TSA's motion for summary judgment is extended until 3/9/2017. (kt) (Entered: 02/27/2017)
2017-03-07MINUTE ORDER: Upon consideration of Plaintiff's Motion for Leave to File Out of Time 112 and Consent Motion for Leave to File Out of Time (Amended) 113 , the motions are hereby GRANTED and Dkt. 111 is deemed FILED. Signed by Judge Randolph D. Moss on 3/7/2017. (lcrdm1, ) (Entered: 03/07/2017)
2017-03-07117Consent MOTION for Leave to File Excess Pages by TRANSPORTATION SECURITY ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 03/07/2017)
2017-03-08MINUTE ORDER: Upon consideration of the Consent Motion for Leave to File Excess Pages 117 , the motion is hereby GRANTED. Defendant's reply brief shall not exceed thirty-five pages. Signed by Judge Randolph D. Moss on 3/8/2017. (lcrdm1, ) (Entered: 03/08/2017)
2017-03-09118REPLY to opposition to motion re 99 MOTION for Summary Judgment filed by TRANSPORTATION SECURITY ADMINISTRATION. (Attachments: # 1 3d Supp. Decl. of Regina McCoy, # 2 Exhibit 1)(Walker, Johnny) (Entered: 03/09/2017)
2017-04-14MINUTE ORDER: In accordance with its Minute Order of February 24, 2017, the Court hereby permits Sai to file a brief addressing the ACLU documents he filed on February 24, 2017 (Dkt. 116 ) and responding to TSA's arguments regarding those documents (Dkt. 118 at 29-33). Sai's brief shall not exceed five pages and shall be filed on or before April 28, 2017. Signed by Judge Randolph D. Moss on 4/14/2017. (lcrdm1, ) (Entered: 04/14/2017)
2017-04-14Set/Reset Deadlines: Sai's brief shall be filed on or before 4/28/2017. (kt) (Entered: 04/14/2017)
2017-04-17NOTICE of Hearing: A Telephone Conference is set for 4/25/2017, at 1:15 PM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 04/17/2017)
2017-04-17119Unopposed MOTION for Extension of Time to File re April 14 minute order by SAI (SAI, ) (Entered: 04/17/2017)
2017-04-18MINUTE ORDER: Upon consideration of the Unopposed Motion for Extension 119 , the motion is hereby GRANTED. Sai may file the brief referenced in the Court's Minute Order of April 14, 2017, on or before May 5, 2017. Signed by Judge Randolph D. Moss on 4/18/2017. (lcrdm1, ) (Entered: 04/18/2017)
2017-04-18Set/Reset Deadlines: Plaintiff's Brief due by 5/5/2017. (kt) (Entered: 04/18/2017)
2017-04-25Set/Reset Hearings: The Telephone Conference set for 4/25/2017 at 1:15 PM, is RESCHEDULED to 4:00 PM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 04/25/2017)
2017-04-25Minute Entry for proceedings held before Judge Randolph D. Moss: Telephone Conference held on 4/25/2017. Issues addressed. (Court Reporter: Jeff Hook). (kt) (Entered: 04/25/2017)
2017-05-05120SUPPLEMENTAL MEMORANDUM to re Order, 118 Reply to opposition to Motion filed by SAI. (Attachments: # 1 Affidavit, # 2 Kwoka, The Freedom of Information Act Trial, 61 American Univ. L. R. 2, 6 (2011))(SAI, ) (Entered: 05/05/2017)
2018-01-25NOTICE of Hearing: Telephone Conference set for 1/30/2018, at 11:30 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 01/25/2018)
2018-01-30Minute Entry for proceedings held before Judge Randolph D. Moss: Telephone Conference held on 1/30/2018. Oral motion by Plaintiff, to supplement the record with further documentation; HEARD, GRANTED, and limited to the documents discussed on the record. The Court will determine the relevance of the documents, and Plaintiff is reminded that no additional briefing is permitted, at this time. Plaintiff is permitted to file a one-page affidavit or declaration, that addresses the one issue of the telephone conference he participated in with the head of the TSA FOIA office. (Court Reporter: Jeff Hook.) (kt) (Entered: 01/30/2018)
2018-01-30121NOTICE of lodging by SAI re Telephone Conference,, (Attachments: # 1 Affidavit re call with TSA FOIA Office, # 2 2017-03-02 IG Roth testimony to House OGR, # 3 2017-07-06 OIG-17-45-MA Management Alert Regarding Inspector General Access to Information, # 4 2017-07-20 GAO-17-608-R TSA Behavior Detection (converted), # 5 2017-08-30 FOIA re-request re 14-cv-403, # 6 2017-09-14 2017-TSFO-00408 Acknowledgement Letter, # 7 2017-10-04 2017-TSFO-00408 Refusal to process Vaughn-listed documents, # 8 2017-11-14 2017-TSFO-00408 Final response)(SAI, ) (Entered: 01/30/2018)
2018-01-30122NOTICE of lodging corrected document [121-1] & re [121-4] by SAI re 121 Notice (Other),, (Attachments: # 1 Affidavit re call with TSA FOIA Office (re-exported))(SAI, ) (Entered: 01/30/2018)
2018-03-08NOTICE of Hearing: A Telephone Conference is set for 3/13/2018, at 11:30 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 03/08/2018)
2018-03-13123NOTICE of lodging by SAI re Notice of Hearing (Attachments: # 1 Affidavit re documents mentioned in DHS IG report, Appx. B, # 2 2018-02-08 DHS OIG report OIG-18-50, The TSA SSI Program Office's Identification and Redaction of Sensitive Security Information, # 3 2009-08-12 BPO Management Services document, Redaction in eReview)(SAI, ) (Entered: 03/13/2018)
2018-03-13Minute Entry for proceedings held before Judge Randolph D. Moss: Telephone Conference held on 3/13/2018. Plaintiff is permitted to produce a copy of the IG report to the Court, as well as the document related to the software. Plaintiff is further permitted to file an affidavit that is related to the IG report, which states the documents identified in the IG report, that are not listed in the Vaughn Index. (Court Reporter: Jeff Hook.) (kt) (Entered: 03/13/2018)
2018-03-22NOTICE of Hearing: Telephone Conference set for 4/5/2018, at 9:30 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 03/22/2018)
2018-04-05Minute Entry for proceedings held before Judge Randolph D. Moss: Telephone Conference held on 4/5/2018. Issues addressed. (Court Reporter: Janice Dickman.) (kt) (Entered: 04/05/2018)
2018-04-19MINUTE ORDER: It is hereby ORDERED that the Plaintiff provide a readable copy of the spreadsheet filed at Dkt. 111-3 at 2 to both the Court and counsel for the Defendant or before April 23, 2018. Signed by Judge Randolph D. Moss on 4/19/2018. (lcrdm1, ) (Entered: 04/19/2018)
2018-04-20Set/Reset Deadlines: Plaintiff to provide a readable copy of the spreadsheet filed at Dkt. 111-3 at 2 to both the Court and counsel for the Defendant by 4/23/2018. (kt) (Entered: 04/20/2018)
2018-04-20124NOTICE of filing spreadsheet file of [111-3] by SAI re Order, (SAI, ) (Entered: 04/20/2018)
2018-05-01MINUTE ORDER: It is hereby ORDERED that the Plaintiff electronically file a complete set of Defendant's productions in response to his FOIA requests on or before May 3, 2018. Signed by Judge Randolph D. Moss on 5/1/2018. (lcrdm1, ) (Entered: 05/01/2018)
2018-05-02125MOTION for Extension of Time to File FOIA/PA records per May 1 minute order (partially consent) , MOTION for Hearing re Order (opposed) by SAI (SAI, ) (Entered: 05/02/2018)
2018-05-02MINUTE ORDER: Upon consideration of Plaintiff's Motion for Extension of Time and Request for a Hearing 125 , it is hereby ORDERED that the motion is GRANTED in part and DENIED in part. It is hereby ORDERED that Plaintiff electronically file a complete set of Defendant's productions in response to his FOIA requests, with the exception of video footage, on or before May 10, 2018. Plaintiff may redact personal information from the records, but shall clearly indicate that any such redaction was made by Plaintiff after receipt of the relevant records from Defendant. It is further ORDERED that Plaintiff's requests for a status conference, for a joint submission verifying the completeness of Plaintiff's filing, and for an extension to file one week after any such conference are DENIED. If, after reviewing Plaintiff's submission, Defendant concludes that it is incomplete, Defendant may file any omitted records. Signed by Judge Randolph D. Moss on 5/2/2018. (lcrdm1, ) (Entered: 05/02/2018)
2018-05-03Set/Reset Deadlines: Plaintiff to electronically file a complete set of Defendant's productions in response to his FOIA requests, with the exception of video footage, on or before 5/10/2018. (kt) (Entered: 05/03/2018)
2018-05-10126Consent MOTION for Extension of Time to File FOIA/PA records per May 1 minute order (2 day) by SAI (SAI, ) (Entered: 05/10/2018)
2018-05-11127ADMINISTRATIVE RECORD Batch 1 part 1 by SAI. (Attachments: # 1 Records responsive to part 1-b Bates 63-73.pdf, # 2 Records responsive to part 1-c Bates 74-140.pdf, # 3 Records responsive to part 2 Bates 408.pdf)(SAI, ) (Entered: 05/11/2018)
2018-05-11128LARGE ADDITIONAL ATTACHMENT(S) Batch 1 part 2 by SAI 127 Administrative Record filed by SAI. (Attachments: # 1 Records responsive to part 3-i Bates 409-931.pdf, # 2 Records responsive to part 4-a and 4-b Bates 932-962.pdf, # 3 Records responsive to part 4-c Bates 963-970.pdf)(SAI, ) (Entered: 05/11/2018)
2018-05-11129LARGE ADDITIONAL ATTACHMENT(S) Batch 1 part 3 by SAI 127 Administrative Record filed by SAI. (Attachments: # 1 Records responsive to part 5-a Bates 971-1181.pdf part 1)(SAI, ) (Entered: 05/11/2018)
2018-05-11130LARGE ADDITIONAL ATTACHMENT(S) Batch 1 part 4 by SAI 127 Administrative Record filed by SAI. (Attachments: # 1 Records responsive to part 5-a Bates 971-1181.pdf part 2, # 2 Records responsive to part 5-b Bates 1182-1187.pdf, # 3 Records responsive to part 6 Bates 1188-1287.pdf, # 4 Records responsive to part 7 Bates 1288-1292.pdf)(SAI, ) (Entered: 05/11/2018)
2018-05-11131LARGE ADDITIONAL ATTACHMENT(S) Batch 1 part 5 of 5 by SAI 127 Administrative Record filed by SAI. (Attachments: # 1 Records responsive to part 9 Bates 1325-1789.pdf part 1, # 2 Records responsive to part 9 Bates 1325-1789.pdf part 2)(SAI, ) (Entered: 05/11/2018)
2018-05-11132ADMINISTRATIVE RECORD Batch 2 part 1 by SAI. (Attachments: # 1 Records responsive to part 1-d Bates 1828-1897.pdf, # 2 Records responsive to part 1-e Bates 1898-1911.pdf, # 3 Records responsive to part 1-f Bates 1912-2238.pdf part 1)(SAI, ) (Entered: 05/11/2018)
2018-05-11133LARGE ADDITIONAL ATTACHMENT(S) Batch 2 part 2 by SAI 132 Administrative Record, filed by SAI. (Attachments: # 1 Records responsive to part 1-f Bates 1912-2238.pdf part 2, # 2 Records responsive to part 3 Bates 2239-2349.pdf)(SAI, ) (Entered: 05/11/2018)
2018-05-11134LARGE ADDITIONAL ATTACHMENT(S) Batch 2 part 3 by SAI 132 Administrative Record, filed by SAI. (Attachments: # 1 Records responsive to part 5-b Bates 2350-2443.pdf, # 2 Records responsive to part 9 Bates 2444-3222.pdf part 1)(SAI, ) (Entered: 05/11/2018)
2018-05-11135LARGE ADDITIONAL ATTACHMENT(S) Batch 2 part 4 of 4 by SAI 132 Administrative Record, filed by SAI. (Attachments: # 1 Records responsive to part 9 Bates 2444-3222.pdf part 2, # 2 Records responsive to part 9 Bates 2444-3222.pdf part 3, # 3 SAI draft 2nd interim release letter 081915.pdf)(SAI, ) (Entered: 05/11/2018)
2018-05-11136ADMINISTRATIVE RECORD Batch 3 part 1 by SAI. (Attachments: # 1 Records responsive to part 1-f Bates 003232 - 003538.pdf part 1, # 2 Records responsive to part 1-f Bates 003232 - 003538.pdf part 2)(SAI, ) (Entered: 05/11/2018)
2018-05-11137LARGE ADDITIONAL ATTACHMENT(S) Batch 3 part 2 by SAI 136 Administrative Record filed by SAI. (Attachments: # 1 Records responsive to part 1-f Bates 003232 - 003538.pdf part 3, # 2 Records responsive to part 1-f Bates 003232 - 003538.pdf part 4)(SAI, ) (Entered: 05/11/2018)
2018-05-11138LARGE ADDITIONAL ATTACHMENT(S) Batch 3 part 3 by SAI 136 Administrative Record filed by SAI. (Attachments: # 1 Records responsive to part 1-f Bates 003232 - 003538.pdf part 5, # 2 Records responsive to part 1-f Bates 003232 - 003538.pdf part 6)(SAI, ) (Entered: 05/11/2018)
2018-05-11139LARGE ADDITIONAL ATTACHMENT(S) Batch 3 part 4 of 4 by SAI 136 Administrative Record filed by SAI. (Attachments: # 1 Records responsive to part 9 Bates 2444-3222.pdf part 7, # 2 Records responsive to part 3-a Bates 003561 - 003573.pdf, # 3 Records responsive to part 5-b Bates 003223 -003231.pdf, # 4 Third Interim Release Letter 10 30 15.pdf)(SAI, ) (Entered: 05/11/2018)
2018-05-11140ADMINISTRATIVE RECORD Batch 4 (one part; video in links) by SAI. (Attachments: # 1 Corrected Remand Response Letter 2016-TSAP-00050.pdf)(SAI, ) (Entered: 05/11/2018)
2018-05-11MINUTE ORDER: Upon consideration of Plaintiff's Consent Motion for Extension of Time 126 , it is hereby ORDERED that the motion is GRANTED. Plaintiff shall electronically file a complete set of Defendant's productions in response to his FOIA requests, with the exception of video footage, on or before May 12, 2018. Signed by Judge Randolph D. Moss on 5/11/2018. (lcrdm1, ) (Entered: 05/11/2018)
2018-05-11Set/Reset Deadlines: Plaintiff shall electronically file a complete set of Defendant's productions in response to his FOIA requests, with the exception of video footage, on or before 5/12/2018. (kt) (Entered: 05/11/2018)
2018-05-12141ADMINISTRATIVE RECORD Batch 5 by SAI. (Attachments: # 1 2013-TSFO-01096 Response Letter SIGNED.pdf redacted, # 2 Final Release Document.pdf)(SAI, ) (Entered: 05/12/2018)
2018-05-12142ADMINISTRATIVE RECORD Batch 6 by SAI. (Attachments: # 1 2013-tspa-00339 interim release letter 8-8-14 signed and dated.pdf redacted, # 2 Interim Release Documents August 8 2014pt 1.pdf redacted, # 3 Interim Release Documents August 8 2014 pt 2.pdf redacted)(SAI, ) (Entered: 05/12/2018)
2018-05-12143ADMINISTRATIVE RECORD Batch 7 by SAI. (Attachments: # 1 2013-TSPA-00368 Interim response signed and dated.pdf redacted, # 2 Interim Release Documents August 8 2014.pdf redacted)(SAI, ) (Entered: 05/12/2018)
2018-05-12144ADMINISTRATIVE RECORD Batch 8 part 1 by SAI. (Attachments: # 1 Signed 2013-TSPA-00339 Final Release Letter signed and dated.pdf, # 2 'SFO Complaints'.pdf, # 3 Response Documents DMD part 1.pdf redacted)(SAI, ) (Entered: 05/12/2018)
2018-05-12145LARGE ADDITIONAL ATTACHMENT(S) Batch 8 part 2 of 2 by SAI 144 Administrative Record filed by SAI. (Attachments: # 1 Response Documents DMD part 2.pdf redacted, # 2 Response Documents DMD part 3.pdf redacted)(SAI, ) (Entered: 05/12/2018)
2018-05-12146ADMINISTRATIVE RECORD Batch 9 by SAI. (Attachments: # 1 Signed 2013-TSPA-00368 final release letter v4 signed and dated.pdf, # 2 'Final Release part 1'.pdf redacted, # 3 'Final Release part 2'.pdf, # 4 'Final Release part 3' - redacted.pdf)(SAI, ) (Entered: 05/12/2018)
2018-05-12147Consent MOTION for Extension of Time to File FOIA/PA records per May 1 minute order (until Friday May 18) by SAI (SAI, ) (Entered: 05/12/2018)
2018-05-14MINUTE ORDER: Upon consideration of the Consent Motion for Extension of Time, 147 , it is hereby ORDERED that the motion is GRANTED in part and DENIED in part. Plaintiff shall electronically file documents Bates stamped numbers 141 through 408 on or before 5:00 p.m. Eastern Standard Time, on May 16, 2018. Plaintiff shall electronically file all remaining documents in Defendant's productions in response to his FOIA requests, with the exception of video footage, on or before 5:00 p.m. Eastern Standard Time, on May 18, 2018. Signed by Judge Randolph D. Moss on 5/14/2018. (lcrdm1, ) (Entered: 05/14/2018)
2018-05-14Set/Reset Deadlines: Plaintiff shall electronically file documents Bates stamped numbers 141 through 408 by 5:00 p.m. EST, on 5/16/2018; Plaintiff shall electronically file all remaining documents in Defendant's productions in response to his FOIA requests by 5:00 p.m. EST, on 5/18/2018. (kt) (Entered: 05/14/2018)
2018-05-14148RESPONSE TO ORDER OF THE COURT re Order on Motion for Extension of Time to File,, re first part (Bates 141-408) filed by SAI. (SAI, ) (Entered: 05/14/2018)
2018-05-14MINUTE ORDER: In light of Plaintiff's Response to the Order of the Court, 148 , the Court's Minute Order (May 14, 2018) is hereby modified as follows: Plaintiff shall electronically file all remaining documents in Defendant's productions in response to his FOIA requests, with the exception of video footage, on or before 5:00 p.m. Eastern Standard Time, on May 18, 2018. It is further ORDERED that Plaintiff will file with the Court the following documents referenced in his Affidavit and Statement of Genuine Issues Still in Dispute, Dkt. 111-2, on or before 5:00 p.m. Eastern Standard Time, on May 16, 2018: (1) "2013-TSPA-00368 Bates 003-004, 006-007; 2013-TSFO-01096 Bates 009-010," Dkt. 111-2 at 2 (Sai Aff. ¶ 8); (2) "2013-TSPA-00339... Bates 130-134, 145," Dkt. 111-2 at 5-6 (Sai Aff. ¶ 27); (3) "2013-TSPA-00339... Bates 458, 520, 540," Dkt. 111-2 at 5-6 (Sai Aff. ¶ 27); (4) "2013-TSPA-00339 Bates 266... 428, 431[,]... 106[,]... 294, 295, 300[,]... 214[,]... 287," Dkt. 111-2 at 22 (Sai Aff. ¶ 116); (5) "2013-TSPA-00368 001-002, 011-014[,] 017, 020-021, 023; 2013-TSPA-00339 113, 135, 181, 211, 214, 254, 279, 284, 481, 520; 2015-TSLI-00004 002239-002346, 002350-002399, 003574-003932," Dkt. 111-2 at 22 (Sai Aff. ¶ 117); (6) "2013-TSPA-00339 Bates 474," Dkt. 111-2 at 25 (Sai Aff. ¶ 139); (7) "2013-TSPA-00339 268-271," Dkt. 111-2 at 25 (Sai Aff. ¶ 339). To the extent that these documents have already been provided to the Court, Plaintiff shall file a notice with the Court identifying the docket number and page number(s) of the documents listed, on or before 5:00 p.m. Eastern Standard Time, on May 16, 2018. The submission should not contain any argument. Signed by Judge Randolph D. Moss on 5/14/2018. (lcrdm1, ) (Entered: 05/14/2018)
2018-05-15149RESPONSE TO ORDER OF THE COURT re Order,,,,,,, table of ECF & page numbers for requested portions filed by SAI. (SAI, ) (Entered: 05/15/2018)
2018-05-17150ADMINISTRATIVE RECORD Batch 10 by SAI. (Attachments: # 1 Records responsive to part 1-b Bates 63-73.pdf, # 2 Records responsive to part 1-c Bates 74-140.pdf, # 3 Records responsive to part 4-a and 4-b Bates 932-962.pdf, # 4 Records responsive to part 4-c Bates 963-970.pdf, # 5 Records responsive to part 5-b Bates 1182-1187.pdf, # 6 Records responsive to part 7 Bates 1288-1292.pdf, # 7 Signed Response Letter 073015.pdf)(SAI, ) (Entered: 05/17/2018)
2018-05-17151ADMINISTRATIVE RECORD Batch 11 by SAI. (Attachments: # 1 Sai Unperfected Acknowledgment 2015-0268.pdf)(SAI, ) (Entered: 05/17/2018)
2018-05-17152ADMINISTRATIVE RECORD Batch 12 - 2015-10-27 2016-TSPA-00009 and 2016-TSPA-00010 (email) by SAI. (Attachments: # 1 Sai Acknowledgment Letter 00009 and 00010.pdf)(SAI, ) (Entered: 05/17/2018)
2018-05-17153ADMINISTRATIVE RECORD Batch 13 - 2015-11-30 2016-TSPA-00010 (email) by SAI. (Attachments: # 1 signed release letter.pdf)(SAI, ) (Entered: 05/17/2018)
2018-05-17154ADMINISTRATIVE RECORD Batch 14 - 2016-01-06 2016-TSPA-00009 (email) by SAI. (Attachments: # 1 TSA - No Records Response Letter fo FOIA Reqeusts 072814.pdf)(SAI, ) (Entered: 05/17/2018)
2018-05-17155ADMINISTRATIVE RECORD Batch 15 - 2016-02-29 2015-TSLI-00004 (email via counsel) by SAI. (Attachments: # 1 2015-TSLI-00004 (Sai) Final Release Letter.pdf)(SAI, ) (Entered: 05/17/2018)
2018-05-17156ADMINISTRATIVE RECORD Batch 16 part 1 - 2016-06-10 Bates-stamped pages (email from TSA counsel) by SAI. (Attachments: # 1 BOS Request (2013-TSPA-00368) Released Records_Bates 001-093.pdf redacted, # 2 BOS Request (2013-TSPA-00368) Released Records_Bates 094-189.pdf, # 3 BOS Request (2013-TSPA-00368) Released Records_Bates 190-236.pdf redacted, # 4 CCTV Request 2013-TSFO-01096 Released Records_Bates 001-018.pdf)(SAI, ) (Entered: 05/17/2018)
2018-05-17157LARGE ADDITIONAL ATTACHMENT(S) Batch 16 part 2 - 2016-06-10 Bates-stamped pages (email from TSA counsel) by SAI 156 Administrative Record, filed by SAI. (Attachments: # 1 SFO Request 2013-TSPA-00339 Released Records_Bates 001-072.pdf redacted, # 2 SFO Request 2013-TSPA-00339 Released Records_Bates 073-150.pdf redacted, # 3 SFO Request 2013-TSPA-00339 Released Records_Bates 151-249.pdf redacted)(SAI, ) (Entered: 05/17/2018)
2018-05-17158LARGE ADDITIONAL ATTACHMENT(S) Batch 16 part 3 of 3 - 2016-06-10 Bates-stamped pages (email from TSA counsel) by SAI 156 Administrative Record, filed by SAI. (Attachments: # 1 SFO Request 2013-TSPA-00339 Released Records_Bates 250-355.pdf redacted, # 2 SFO Request 2013-TSPA-00339 Released Records_Bates 356-440.pdf redacted, # 3 SFO Request 2013-TSPA-00339 Released Records_Bates 441-611.pdf redacted)(SAI, ) (Entered: 05/17/2018)
2018-05-17159ADMINISTRATIVE RECORD Batch 17 - 2016-08-26 post CADC 15-5201 (email via counsel) by SAI. (Attachments: # 1 BOS Request Bates page 008_a.pdf redacted, # 2 BOS Request Bates page 009_a.pdf redacted, # 3 SFO Request Bates page 474_a.pdf)(SAI, ) (Entered: 05/17/2018)
2018-05-17160ADMINISTRATIVE RECORD Batch 18 - 2016-10-19 spreadsheets rerelease (email from TSA counsel) by SAI. (Attachments: # 1 _BOS Request Amended Bates pages_.pdf, # 2 _SFO Request Amended Bates pages 584_b & 585_a & 586_a_.pdf, # 3 _SFO Request Amended Bates pages_.pdf)(SAI, ) (Entered: 05/17/2018)
2018-05-17161RESPONSE TO ORDER OF THE COURT re Order,,,,,,, filing completed; pointer to authoritative Bates references filed by SAI. (SAI, ) (Entered: 05/17/2018)
2018-05-24162MEMORANDUM OPINION AND ORDER: Defendant's Motion for Summary Judgment, 99 , is GRANTED in part and DENIED in part. See document for details. Signed by Judge Randolph D. Moss on 5/24/2018. (lcrdm1, ) (Entered: 05/24/2018)
2018-05-25163NOTICE Letter re: May 24 Opinion by SAI re 162 Memorandum & Opinion (Attachments: # 1 Sai v Pekoske CA1 15-2356 2017-09-30 6123177 Sai Letter re pronoun usage)(SAI, ) Modified text on 5/29/2018 (ztd). (Entered: 05/25/2018)
2018-05-25MINUTE ORDER: The parties are hereby ORDERED to appear for a scheduling conference on May 30, 2018, at 2:00 p.m., in Courtroom 21. Should either party wish to appear telephonically, that party shall contact the Courtroom Deputy Clerk at (202) 354-3084 to make the necessary arrangements. Signed by Judge Randolph D. Moss on 5/25/2018. (lcrdm1, ) (Entered: 05/25/2018)
2018-05-25164RESPONSE TO ORDER OF THE COURT re Order, notice of unavailability May 30; request for video (or alternatively phone) appearance filed by SAI. (SAI, ) (Entered: 05/25/2018)
2018-05-25Set/Reset Hearings: Scheduling Conference scheduled for 5/30/2018, at 2:00 PM, in Courtroom 21 before Judge Randolph D. Moss. (hmc) (Entered: 05/25/2018)
2018-05-29MINUTE ORDER: Upon consideration of Plaintiff's Notice of Unavailability 164 , it is hereby ORDERED that the Scheduling Conference currently scheduled for May 30, 2018, is hereby VACATED and RESCHEDULED for June 1, 2018, at 10:00 a.m., in Courtroom 21. Plaintiff's request to appear by video is DENIED. Should Plaintiff wish to appear telephonically, Plaintiff is directed to contact the Courtroom Deputy Clerk at (202) 354-3084 to make the necessary arrangements. Signed by Judge Randolph D. Moss on 5/29/2018. (lcrdm1, ) Modified on 5/29/2018 to change "status conference" to "scheduling conference" (kt). (Entered: 05/29/2018)
2018-05-29Set/Reset Hearings: The Scheduling Conference set for 5/30/2018 is VACATED and RESCHEDULED for 6/1/2018, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 05/29/2018)
2018-06-01Minute Entry for proceedings held before Judge Randolph D. Moss: Scheduling Conference held on 6/1/2018. Defendant's renewed motion for summary judgment due by 9/28/2018; Plaintiff's opposition and cross motion, if any, due by 11/16/2018; Defendant's reply and cross opposition, if any, due by 12/14/2018; Plaintiff's final reply, if any, due by 1/31/2019. Plaintiff's list of page numbers due by 6/15/2018. (Court Reporter: Jeff Hook.) (kt) (Entered: 06/01/2018)
2018-06-02165RESPONSE re Scheduling Conference,, Set Deadlines, re gender edit; clarification; & blindness filed by SAI. (Attachments: # 1 Sai v TSA DCD 1-14-cv-00403-RDM 2018-05-24 162 Court Opinion and order on MSJ - gender edited - clean)(SAI, ) (Entered: 06/02/2018)
2018-06-15166RESPONSE TO ORDER OF THE COURT re Order,, listing issues not in Op. end list, 552(a)(1,2) parts, spreadsheets (Op. p. 17 & 24), factual withholdings (Op. issue #8), (b)(6) withholdings (missing from Op. p. 64), & "(k)(2)" withholdings (not addressed) filed by SAI. (SAI, ) (Entered: 06/15/2018)
2018-06-20167ENTERED IN ERROR. . . . .RESPONSE re 166 Response to Order of the Court, filed by TRANSPORTATION SECURITY ADMINISTRATION. (Walker, Johnny) Modified on 6/21/2018 (ztd). (Entered: 06/20/2018)
2018-06-20168RESPONSE re 166 Response to Order of the Court, (CORRECTED) filed by TRANSPORTATION SECURITY ADMINISTRATION. (Walker, Johnny) (Entered: 06/20/2018)
2018-06-21NOTICE of Hearing: Telephone Conference set for 6/26/2018, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 06/21/2018)
2018-06-21NOTICE OF CORRECTED DOCKET ENTRY: re 167 Response to Document was entered in error and counsel refiled said pleading as docket entry no. 168 . (ztd) (Entered: 06/21/2018)
2018-06-26Minute Entry for proceedings held before Judge Randolph D. Moss: Telephone Conference held on 6/26/2018. Order forthcoming as to Plaintiff's oral motion to amend the complaint. (Court Reporter: Jeff Hook.) (kt) (Entered: 06/26/2018)
2018-06-26169RESPONSE TO ORDER OF THE COURT re Order,,,,,,, Letter re June 26, 2018 hearing & lodged amendment of letter 166 filed by SAI. (Attachments: # 1 (Lodged) Amended response 166 to order to identify content)(SAI, ) (Entered: 06/26/2018)
2018-07-11170MEMORANDUM AND OPINION AND ORDER denying Plaintiff's oral motion to clarify or amend the operative complaint. Signed by Judge Randolph D. Moss on 7/11/2018. (lcrdm1, ) (Entered: 07/11/2018)
2018-09-20MINUTE ORDER: The parties are hereby ORDERED to appear for a status conference on October 2, 2018, at 10:00 a.m., in Courtroom 21. Should either party wish to appear telephonically, that party shall contact the Courtroom Deputy Clerk at (202) 354-3084 to make the necessary arrangements. Signed by Judge Randolph D. Moss on 9/20/2018. (lcrdm1, ) (Entered: 09/20/2018)
2018-09-21Set/Reset Hearings: Status Conference set for 10/2/2018, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 09/21/2018)
2018-09-24171Consent MOTION to Continue the October 2, 2018, Status Conference by TRANSPORTATION SECURITY ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 09/24/2018)
2018-09-25MINUTE ORDER: Upon consideration of the Consent Motion to Reschedule Status Conference 171 , it is hereby ORDERED that the motion is GRANTED. The status conference currently scheduled for October 2, 2018, at 10:00 a.m., is hereby VACATED and RESCHEDULED for October 2, 2018, at 11:30 a.m., in Courtroom 21. Signed by Judge Randolph D. Moss on 9/25/2018. (lcrdm1, ) (Entered: 09/25/2018)
2018-09-25Set/Reset Hearings: The Status Conference set for 10/2/2018, at 10:00 AM is RESCHEDULED to 11:30 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 09/25/2018)
2018-09-25172AMENDED MEMORANDUM OPINION AND ORDER: Defendant's Motion for Summary Judgment, 99 , is GRANTED in part and DENIED in part. See document for details. Signed by Judge Randolph D. Moss on 9/25/2018. (lcrdm1, ) (Entered: 09/25/2018)
2018-09-26173RESPONSE re 172 Memorandum & Opinion - letter of thanks, and diff of 162 vs 172 for benefit of opposing counsel & public filed by SAI. (Attachments: # 1 Diff of pre 162 & post 172 amendment opinion)(SAI, ) (Entered: 09/26/2018)
2018-09-28174Second MOTION for Summary Judgment by TRANSPORTATION SECURITY ADMINISTRATION (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Terri Miller (with exhibits), # 4 Text of Proposed Order)(Walker, Johnny) (Entered: 09/28/2018)
2018-10-01175FOX/NEAL ORDER: Plaintiff is hereby ORDERED to respond to Defendant's Motion for Summary Judgment, Dkt. 174 , on or before November 16, 2018. See document for details. Signed by Judge Randolph D. Moss on 10/01/2018. (lcrdm1, ) (Entered: 10/01/2018)
2018-10-02Set/Reset Deadlines: Plaintiff's Response to Motion for Summary Judgment due by 11/16/2018. (kt) (Entered: 10/02/2018)
2018-10-02Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 10/2/2018. The Court grants Plaintiff leave to file/re-file, under seal, an IFP application/motion; IF the Court grants Plaintiff IFP status, then Plaintiff will be granted leave to file any motion for appointment of counsel, under seal and ex parte. (Court Reporter: Jeff Hook.) (kt) Modified on 10/3/2018 to reflect what was stated on the record (kt). (Entered: 10/02/2018)
2018-10-04176SEALED MOTION filed by SAI. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Public Affidavit, # 2 Text of Proposed Order First, # 3 Supplemental IFP Affidavit - erratum - Sealed and Ex Parte, # 4 Text of Proposed Order Second, # 5 Supplemental IFP brief, # 6 Third Supplemental IFP affidavit -Sealed and Ex Parte, # 7 Second supplemental IFP affidavit - Sealed and Ex Parte, # 8 TSA Response re IFP Motion, # 9 Sai re renewed IFP etc motion, # 10 Sai Renewed Motion to Proceed In Forma Pauperis, # 11 Sai Memorandum in Support of Motion for IFP, # 12 Fourth supplemental IFP affidavit - Sealed and Ex Parte, # 13 Supplemental IFP affidavit - Sealed and Exparte, # 14 Renewed IFP etc motion - IFP affidavit Sealed and Ex Parte, # 15 ULS Financial Eligibility Guidelines)(ztd) (Entered: 10/11/2018)
2018-10-17MINUTE ORDER: Upon consideration of Plaintiff's sealed application to proceed in forma pauperis, Dkt. 176 , it is hereby ORDERED that this motion is GRANTED on a prospective basis. In addition, Plaintiff is now GRANTED leave to file a motion, under seal and ex parte, for appointment of counsel. Signed by Judge Randolph D. Moss on 10/17/2018. (lcrdm1, ) (Entered: 10/17/2018)
2018-10-17178SEALED MOTION filed by SAI. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(ztd) (Entered: 10/23/2018)
2018-10-18177ERRATA re sealed renewed motion for IFP status (re filing fee refund) by SAI Order, 176 SEALED MOTION filed by SAI. (This document is SEALED and only available to authorized persons.) filed by SAI. (SAI, ) (Entered: 10/18/2018)
2018-10-18MINUTE ORDER: Plaintiff has filed an "[a]ddendum re sealed renewed motion for IFP status," Dkt. 177 . The Court interprets this "addendum" as a motion for reconsideration seeking additional relief not sought in Plaintiff's sealed motion for in forma pauperis status, Dkt. 176 . It is hereby ORDERED that the motion for reconsideration is DENIED. Signed by Judge Randolph D. Moss on 10/18/2018. (lcrdm1, ) (Entered: 10/18/2018)
2018-10-24MINUTE ORDER: Upon consideration of Plaintiff's motion for appointment of counsel, filed ex parte and under seal 178 , it is hereby ORDERED that the motion is GRANTED. The Clerk of Court shall identify a member of the Civil Pro Bono Panel to represent Plaintiff in this matter. D.D.C. L.R. 83.11(b)(4). Signed by Judge Randolph D. Moss on 10/24/2018. (lcrdm1, ) (Entered: 10/24/2018)
2018-10-25179Consent MOTION to Hold in Abeyance pending appointment of counsel , Consent MOTION to Stay all deadlines, to restore original time to respond + 30 days , Unopposed MOTION for Hearing sealed (closed court) & partially ex parte by SAI (SAI, ) (Entered: 10/25/2018)
2018-10-26MINUTE ORDER: Upon consideration of Plaintiff's motion, Dkt. 179 , it is hereby ORDERED that the motion is GRANTED with respect to Plaintiff's request to stay the case for 57 days, and is otherwise DENIED. It is hereby ORDERED that the case shall be stayed until December 22, 2018, or until further order of this Court, to permit appointed counsel to appear. Signed by Judge Randolph D. Moss on 10/26/2018. (lcrdm1, ) (Entered: 10/26/2018)
2018-10-29180ENTERED IN ERROR. . . . .MOTION for Leave to Proceed in forma pauperis, MOTION for CM/ECF Password, MOTION for Declaratory Judgment, MOTION for Permanent Injunction by SAI (ztd) Modified on 11/1/2018 (ztd). (Entered: 10/31/2018)
2018-10-29NOTICE OF CORRECTED DOCKET ENTRY: re 180 MOTION for Leave to Proceed in forma pauperis MOTION for CM/ECF Password MOTION for Declaratory Judgment MOTION for Permanent Injunction was entered in error per plaintiff. Document is to initiate a new miscellaneous case action. (ztd) (Entered: 11/01/2018)
2019-04-25181NOTICE of Appearance- Pro Bono by Jeffrey T. Green on behalf of SAI (Green, Jeffrey) (Entered: 04/25/2019)
2019-07-10MINUTE ORDER: In light of the notice of appearance of pro bono counsel Jeffrey Green, Dkt. 181 , it is hereby ORDERED that the parties shall file a joint status report on or before July 26, 2019, proposing a schedule for further proceedings in this matter. Signed by Judge Randolph D. Moss on 7/10/2019. (lcrdm1, ) (Entered: 07/10/2019)
2019-07-10MINUTE ORDER: Upon consideration of Plaintiff's sealed motion, Dkt. 176 , it is hereby ORDERED that the motion is DENIED without prejudice. Plaintiff's appointed counsel may refile the motion, if appropriate. Signed by Judge Randolph D. Moss on 7/10/2019. (lcrdm1, ) (Entered: 07/10/2019)
2019-07-11Set/Reset Deadlines: Joint Status Report due by 7/25/2019. (kt) (Entered: 07/11/2019)
2019-07-25182Joint STATUS REPORT by SAI. (Attachments: # 1 Certificate of Service)(Green, Jeffrey) (Entered: 07/25/2019)
2019-07-29MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 182 , it is hereby ORDERED that the following schedule shall govern further proceedings in this matter: (1) Plaintiff's opposition to Defendant's second motion for summary judgment and cross-motions shall be filed on or before September 5, 2019; (2) Defendant's reply and opposition to any cross-motions shall be filed on or before October 18, 2019; and (3) Plaintiff's reply shall be filed on or before November 8, 2019. Signed by Judge Randolph D. Moss on 7/29/2019. (lcrdm1, ) (Entered: 07/29/2019)
2019-07-29Set/Reset Deadlines: Plaintiff's opposition to Defendant's second motion for summary judgment and cross-motions due by 9/5/2019. Defendant's reply and opposition to any cross-motions due by 10/18/2019. Plaintiff's reply due by 11/8/2019. (hmc) (Entered: 07/29/2019)
2019-08-16183TRANSCRIPT OF STATUS CONFERENCE before Judge Randolph D. Moss held on October 2, 2018. Page Numbers: 1 - 22. Date of Issuance: August 16, 2019. Court Reporter: Jeff Hook. Telephone number: 202-354-3373. Transcripts may be ordered by submitting the Transcript Order Form 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 refe renced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 9/6/2019. Redacted Transcript Deadline set for 9/16/2019. Release of Transcript Restriction set for 11/14/2019.(Hook, Jeff) (Entered: 08/16/2019)
2019-09-05184Memorandum in opposition to re 174 Second MOTION for Summary Judgment Plaintiff's Opposition filed by SAI. (Attachments: # 1 Text of Proposed Order Proposed Order For Denial Of Defendant's Renewed Motion For Summary Judgment, # 2 Statement of Facts Plaintiff's Counterstatement and Statement of Additional Facts, # 3 Certificate of Service Certificate of Service)(Green, Jeffrey) (Entered: 09/05/2019)
2019-09-05185Cross MOTION for Partial Summary Judgment by SAI (Attachments: # 1 Memorandum in Support Memorandum in Support for Motion for Partial Summary Judgment, # 2 Text of Proposed Order Proposed Order for Partial Summary Judgment, # 3 Statement of Facts Plaintiff's Statement of Material Facts, # 4 Certificate of Service Certificate of Service)(Green, Jeffrey) (Entered: 09/05/2019)
2019-10-07MINUTE ORDER: In light of Plaintiff's representation by counsel, it is hereby ORDERED that the stay entered to permit appointed counsel to appear, Minute Order (Oct. 26, 2018), is LIFTED. The parties shall proceed in accordance with the briefing schedule set out in the Courts July 29, 2019 Minute Order. Signed by Judge Randolph D. Moss on 10/7/19. (lcrdm1) (Entered: 10/07/2019)
2019-10-17186Unopposed MOTION for Extension of Time to File Response/Reply as to 174 Second MOTION for Summary Judgment , 185 Cross MOTION for Partial Summary Judgment by TRANSPORTATION SECURITY ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 10/17/2019)
2019-10-18MINUTE ORDER: Upon consideration of Defendant's unopposed motion for extension, Dkt. 186 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Defendant shall file its reply in support of its motion for summary judgment and its response to Plaintiffs motion for summary judgment on or before November 8, 2019. It is further ORDERED that Plaintiff shall file its reply in support of its motion for summary judgment on or before December 5, 2019. Signed by Judge Randolph D. Moss on 10/18/19. (lcrdm1) (Entered: 10/18/2019)
2019-10-18Set/Reset Deadlines: Defendant shall file its reply in support of its motion for summary judgment and its response to Plaintiffs motion for summary judgment on or before 11/8/2019. Plaintiff shall file its reply in support of its motion for summary judgment on or before 12/5/2019. (dot) (Entered: 10/18/2019)
2019-11-07187Consent MOTION for Extension of Time to File Response/Reply as to 174 Second MOTION for Summary Judgment , 185 Cross MOTION for Partial Summary Judgment by TRANSPORTATION SECURITY ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 11/07/2019)
2019-11-07MINUTE ORDER: Upon consideration of Defendant's consent motion for an extension of time, Dkt. 187 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Defendant shall file its response to Plaintiff's motion for summary judgment and its reply in support of its motion for summary judgment on or before December 13, 2019, and Plaintiff shall file its reply in support of its motion for summary judgment on or before January 17, 2020. Signed by Judge Randolph D. Moss on 11/7/19. (lcrdm1) (Entered: 11/07/2019)
2019-12-13188Memorandum in opposition to re 185 Cross MOTION for Partial Summary Judgment filed by TRANSPORTATION SECURITY ADMINISTRATION. (Attachments: # 1 Response to Plaintiff's Statement of Facts, # 2 Exhibit 1)(Walker, Johnny) (Entered: 12/13/2019)
2019-12-13189REPLY to opposition to motion re 174 Second MOTION for Summary Judgment filed by TRANSPORTATION SECURITY ADMINISTRATION. (Walker, Johnny) (Entered: 12/13/2019)
2020-01-16190ENTERED IN ERROR. . . . .NOTICE of Appearance- Pro Bono by Jeffrey T. Green on behalf of SAI (Green, Jeffrey) Modified on 1/21/2020 (ztd). (Entered: 01/16/2020)
2020-01-17191Consent MOTION for Extension of Time to File Response/Reply in Support of Cross-Motion for Partial Summary Judgment by SAI (Attachments: # 1 Text of Proposed Order)(Green, Jeffrey) (Entered: 01/17/2020)
2020-01-17MINUTE ORDER: Upon consideration of Plaintiff's consent motion for an extension of time, Dkt. 191 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Plaintiff shall file their reply in support of their cross-motion for partial summary judgment on or before January 24, 2020. Signed by Judge Randolph D. Moss on 1/17/20. (lcrdm1) (Entered: 01/17/2020)
2020-01-21NOTICE OF ERROR re 190 Notice of Appearance- Pro Bono; emailed to jgreen@sidley.com, cc'd 8 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. Please refile document, 3. Counsel can not file on behalf of other counsel. (ztd, ) (Entered: 01/21/2020)
2020-01-22MINUTE ORDER: The parties are hereby ORDERED to comply with the terms of the Court's revised standing order, which is available on the Court's website. Click for details. Signed by Judge Randolph D. Moss on 1/22/20. (lcrdm1) (Entered: 01/22/2020)
2020-01-24192NOTICE of Appearance- Pro Bono by Chike Bascom Waugh Croslin on behalf of SAI (Croslin, Chike) (Entered: 01/24/2020)
2020-01-24193REPLY to opposition to motion re 185 Cross MOTION for Partial Summary Judgment filed by SAI. (Attachments: # 1 Exhibit (Exhibit A) How to Redact - New CAED.pdf, # 2 Exhibit (Exhibit B) Hide Confidential Data in a Word 2007_2010 Document.pdf, # 3 Exhibit (Exhibit C) Microsoft Word Redactions and Solutions Productivity Portfolio.pdf, # 4 Exhibit (Exhibit D) Office 365 Word Redactor Tool Great Circle Learning.pdf, # 5 Exhibit (Exhibit E) XLerator _ App Hub _ Relativity.pdf, # 6 Exhibit (Exhibit F) How to hide personal info in Word documents - Office Watch.pdf, # 7 Exhibit (Exhibit G) How to Edit Received Emails in Outlook 14 Steps (with Pictures).pdf, # 8 Exhibit (Exhibit H) Redacting images and PDF's - Office Watch.pdf)(Green, Jeffrey) (Entered: 01/24/2020)
2020-01-24194MOTION for Refund of Fees Paid Electronically by SAI (Attachments: # 1 Text of Proposed Order Proposed Order)(Green, Jeffrey) (Entered: 01/24/2020)
2020-01-27MINUTE ORDER: Upon consideration of Plaintiff's motion for refund of filing fees, Dkt. 194 , it is hereby ORDERED that the motion is DENIED. On October 17, 2018, the Court granted Plaintiff's application to proceed in forma pauperis "on a prospective basis." Minute Order (Oct. 17, 2018). The following day, the Court denied Plaintiff's "[a]ddendum re sealed renewed motion for IFP status (re filing fee refund), Dkt. 177 , which the Court construed as a motion for reconsideration seeking additional relief not sought in Plaintiff's sealed motion for in forma pauperis status." Minute Order (Oct. 18, 2018). Plaintiff's motion does not identify any reasons why the Court's earlier decision on this motion should not stand. Signed by Judge Randolph D. Moss on 1/27/20. (lcrdm1) (Entered: 01/27/2020)
2020-05-05MINUTE ORDER: Upon consideration of Defendant's renewed motion for summary judgment, Dkt. 174 , and Plaintiff's motion for partial summary judgment, Dkt. 185 , it is hereby ORDERED that the parties shall appear telephonically for oral argument on Friday, May 8, 2020 at 2:00 p.m. The parties should be prepared to discuss, among other topics, (1) whether rasterized versus non-rasterized documents or specific file types (e.g. PDF, TIF, DOC), constitute forms or formats under EFOIA, (2) whether discretization versus conglomeration of records constitutes a form or format under EFOIA or merely constitutes a manner of organizing documents, (3) the burden on Defendant of having to perform redactions in native file types or non-rasterized PDFs, (4) the extent of Defendant's redactions of the records responsive to Plaintiff's policies request through the FOIAXpress process, (5) the quantity of documents responsive to Plaintiff's SFO and BOS Re-Requests, their content, and the extent to which they were redacted, and (6) Defendant's ability to redact documents in their native formats or non-rasterized formats without serious risk of those redactions being countermanded. Signed by Judge Randolph D. Moss on 5/5/2020. (lcrdm1) (Entered: 05/05/2020)
2020-05-08Minute Entry for proceedings held before Judge Randolph D. Moss: Telephonic Motion Hearing held on 5/8/2020 re: 174 Second MOTION for Summary Judgment filed by TRANSPORTATION SECURITY ADMINISTRATION, and 185 Cross MOTION for Partial Summary Judgment filed by SAI. The parties, and the Court, appeared via telephone. MATTER TAKEN UNDER ADVISEMENT. (Court Reporter: Jeff Hook.) (kt) (Entered: 05/08/2020)
2020-05-13195NOTICE of Appearance- Pro Bono by Amanda M. Blau on behalf of SAI (Blau, Amanda) (Entered: 05/13/2020)
2020-05-29196MEMORANDUM OPINION AND ORDER granting in part and denying in part Defendant's Motion for Summary Judgment, Dkt. 174 , and denying Plaintiff's Motion for Partial Summary Judgment, Dkt. 185. See document for details. Signed by Judge Randolph D. Moss on 5/29/2020. (lcrdm1) (Entered: 05/29/2020)
2020-06-12197AMENDED MEMORANDUM OPINION AND ORDER correcting minor typos and two incorrect citations in the Court's May 29, 2020 Memorandum Opinion and Order. See document for details. Signed by Judge Randolph D. Moss on 6/12/2020. (lcrdm1) Modified on 6/12/2020 to edit document type as "opinion" (kt). (Entered: 06/12/2020)
2020-07-01198Joint STATUS REPORT by TRANSPORTATION SECURITY ADMINISTRATION. (Walker, Johnny) (Entered: 07/01/2020)
2020-07-04199TRANSCRIPT OF TELEPHONIC MOTION HEARING before Judge Randolph D. Moss held on May 8, 2020. Page Numbers: 1 - 58. Date of Issuance: July 3, 2020. Court Reporter: Jeff Hook. Telephone number: 202-354-3373. Transcripts may be ordered by submitting the Transcript Order Form 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 reporte r referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 7/25/2020. Redacted Transcript Deadline set for 8/4/2020. Release of Transcript Restriction set for 10/2/2020.(Hook, Jeff) (Entered: 07/04/2020)
2020-07-08MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 198 , it is hereby ORDERED that the parties shall file a further status report, on or before July 31, 2020, updating the Court on the status of their discussions and proposing a schedule for further proceedings. Signed by Judge Randolph D. Moss on 7/8/2020. (lcrdm1) (Entered: 07/08/2020)
2020-07-31200Joint STATUS REPORT by SAI. (Green, Jeffrey) (Entered: 07/31/2020)
2020-08-04MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 200 , it is hereby ORDERED that the parties shall file a further joint status report on or before August 31, 2020. Signed by Judge Randolph D. Moss on 8/4/2020. (lcrdm1) (Entered: 08/04/2020)
2020-08-31201Joint STATUS REPORT by TRANSPORTATION SECURITY ADMINISTRATION. (Walker, Johnny) (Entered: 08/31/2020)
2020-09-01MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 201 , it is hereby ORDERED that parties shall file a further joint status report on or before September 30, 2020. Signed by Judge Randolph D. Moss on 09/01/2020. (lcrdm1) (Entered: 09/01/2020)
2020-09-30202Joint STATUS REPORT by SAI. (Green, Jeffrey) (Entered: 09/30/2020)
2020-10-01MINUTE ORDER: Upon consideration of parties' joint status report, Dkt. 202 , it is hereby ORDERED that parties file a further joint status report on or before October 30, 2020. Signed by Judge Randolph D. Moss on 10/01/2020. (lcrdm1) (Entered: 10/01/2020)
2020-10-30203Joint STATUS REPORT by TRANSPORTATION SECURITY ADMINISTRATION. (Walker, Johnny) (Entered: 10/30/2020)
2020-10-31MINUTE ORDER: Upon consideration of parties' joint status report, Dkt. 203 , it is hereby ORDERED that parties shall file a further joint status report on or before December 2, 2020. Signed by Judge Randolph D. Moss on 10/31/2020. (lcrdm1) (Entered: 10/31/2020)
2020-12-02204Joint STATUS REPORT by SAI. (Green, Jeffrey) (Entered: 12/02/2020)
2020-12-02MINUTE ORDER: Upon consideration of Parties' joint status report, Dkt. 204 , it is hereby ORDERED that Parties shall file a further joint status report on or before January 8, 2021. Signed by Judge Randolph D. Moss on 12/02/2020. (lcrdm1) (Entered: 12/02/2020)
2021-01-08205Joint STATUS REPORT by SAI. (Green, Jeffrey) (Entered: 01/08/2021)
2021-01-09MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 205 , it is hereby ORDERED that the parties shall file a further joint status report on or before February 8, 2021. Signed by Judge Randolph D. Moss on 01/09/2021. (lcrdm1) (Entered: 01/09/2021)
2021-02-08206Joint STATUS REPORT by SAI. (Green, Jeffrey) (Entered: 02/08/2021)
2021-02-08MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 206 , it is hereby ORDERED that the parties shall file a further joint status report on or before March 8, 2021. Signed by Judge Randolph D. Moss on 02/08/2021. (lcrdm1) (Entered: 02/08/2021)
2021-03-08207Joint STATUS REPORT by SAI. (Green, Jeffrey) (Entered: 03/08/2021)
2021-03-09MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 207 , it is hereby ORDERED that the parties shall file a further joint status report on or before April 8, 2021. Signed by Judge Randolph D. Moss on 03/09/2021. (lcrdm1) (Entered: 03/09/2021)
2021-04-08208Joint STATUS REPORT by TRANSPORTATION SECURITY ADMINISTRATION. (Walker, Johnny) (Entered: 04/08/2021)
2021-04-09MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 208 , it is hereby ORDERED that the parties shall file a further joint status report on or before June 10, 2021. Signed by Judge Randolph D. Moss on 04/09/2021. (lcrdm1) (Entered: 04/09/2021)
2021-06-10209Joint STATUS REPORT by SAI. (Green, Jeffrey) (Entered: 06/10/2021)
2021-06-11MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 209 , it is hereby ORDERED that the parties shall file a further joint status report on or before July 15, 2021. Signed by Judge Randolph D. Moss on 06/11/2021. (lcrdm1) (Entered: 06/11/2021)
2021-07-15210Joint STATUS REPORT by SAI. (Green, Jeffrey) (Entered: 07/15/2021)
2021-07-16MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 210 , it is hereby ORDERED that the parties shall file a further joint status report on or before August 19, 2021. Signed by Judge Randolph D. Moss on 07/16/2021. (lcrdm1) (Entered: 07/16/2021)
2021-08-19211Joint STATUS REPORT by SAI. (Green, Jeffrey) (Entered: 08/19/2021)
2021-08-20MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 211 , it is hereby ORDERED that the parties shall file a further joint status report on or before September 23, 2021. Signed by Judge Randolph D. Moss on 08/20/2021. (lcrdm1) (Entered: 08/20/2021)
2021-09-23212Joint STATUS REPORT by SAI. (Green, Jeffrey) (Entered: 09/23/2021)
2021-09-24MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 212 , it is hereby ORDERED that the parties shall file a further joint status report on or before November 1, 2021. Signed by Judge Randolph D. Moss on 09/24/2021. (lcrdm1) (Entered: 09/24/2021)
2021-11-01213Joint STATUS REPORT by TRANSPORTATION SECURITY ADMINISTRATION. (Walker, Johnny) (Entered: 11/01/2021)
2021-11-01MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 213 , it is hereby ORDERED that the parties shall file a further joint status report on or before December 16, 2021. Signed by Judge Randolph D. Moss on 11/1/2021. (lcrdm1) (Entered: 11/01/2021)
2021-11-10214NOTICE OF SUBSTITUTION OF COUNSEL by Anna Davis Walker on behalf of TRANSPORTATION SECURITY ADMINISTRATION Substituting for attorney Johnny Hillary Walker, III (Walker, Anna) (Entered: 11/10/2021)
2021-12-15215Joint STATUS REPORT by TRANSPORTATION SECURITY ADMINISTRATION. (Walker, Anna) (Entered: 12/15/2021)
2021-12-15MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 215 , it is hereby ORDERED that the parties shall file a further joint status report on or before January 31, 2022. Signed by Judge Randolph D. Moss on 12/15/2021. (lcrdm1) (Entered: 12/15/2021)
2022-01-31216Joint STATUS REPORT by TRANSPORTATION SECURITY ADMINISTRATION. (Walker, Anna) (Entered: 01/31/2022)
2022-01-31MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 216 , it is hereby ORDERED that the parties shall file a further joint status report on March 17, 2022. Signed by Judge Randolph D. Moss on 1/31/2022. (lcrdm1) (Entered: 01/31/2022)
2022-03-17217Joint STATUS REPORT by SAI. (Green, Jeffrey) (Entered: 03/17/2022)
2022-03-17MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 217 , it is hereby ORDERED that the parties shall file a further joint status report on or before June 15, 2022. Signed by Judge Randolph D. Moss on 3/17/2022. (lcrdm1) (Entered: 03/17/2022)
2022-04-17218NOTICE of Appearance by Sian Jones on behalf of All Defendants (Jones, Sian) (Entered: 04/17/2022)
2022-06-15219Joint STATUS REPORT by TRANSPORTATION SECURITY ADMINISTRATION. (Jones, Sian) (Entered: 06/15/2022)
2022-06-17MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 219 , it is hereby ORDERED that the parties shall file a further joint status report on or before September 15, 2022. Signed by Judge Randolph D. Moss on 6/17/2022. (lcrdm1) (Entered: 06/17/2022)
2022-09-08220MOTION to Withdraw Amanda M. Blau as counsel by SAI. (Attachments: # 1 Certificate of Service)(Green, Jeffrey) (Entered: 09/08/2022)
2022-09-08MINUTE ORDER: Upon consideration of Plaintiff's motion to withdraw counsel, Dkt. 220 , it is hereby ORDERED that the motion is GRANTED. Signed by Judge Randolph D. Moss on 09/08/2022. (lcrdm1) (Entered: 09/08/2022)
2022-09-14221Joint STATUS REPORT by SAI. (Green, Jeffrey) (Entered: 09/14/2022)
2022-09-14MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 221 , it is hereby ORDERED that the parties shall file a further joint status report on or before November 15, 2022. Signed by Judge Randolph D. Moss on 09/14/2022. (lcrdm1) (Entered: 09/14/2022)
2022-11-15222Joint STATUS REPORT by TRANSPORTATION SECURITY ADMINISTRATION. (Walker, Anna) (Entered: 11/15/2022)
2022-11-15MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 222 , it is hereby ORDERED that the parties shall file a further joint status report on or before January 17, 2023. The Court notes that this case was initially filed in 2014, and in light of that fact it encourages the parties to move expeditiously in addressing their remaining concerns. Signed by Judge Randolph D. Moss on 11/15/2022. (lcrdm1) (Entered: 11/15/2022)
2023-01-17223Joint STATUS REPORT by TRANSPORTATION SECURITY ADMINISTRATION. (Walker, Anna) (Entered: 01/17/2023)
2023-01-18MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 223 , it is hereby ORDERED that the parties shall file a further joint status report on or before March 17, 2023. Signed by Judge Randolph D. Moss on 1/18/2023. (lcrdm1) (Entered: 01/18/2023)
2023-03-17224Joint STATUS REPORT by TRANSPORTATION SECURITY ADMINISTRATION. (Walker, Anna) (Entered: 03/17/2023)
2023-03-17MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 224 , it is hereby ORDERED that the parties shall file a further joint status report on or before May 12, 2023. Signed by Judge Randolph D. Moss on 3/17/2023. (lcrdm1) (Entered: 03/17/2023)
2023-05-12225Joint STATUS REPORT by SAI. (Green, Jeffrey) (Entered: 05/12/2023)
2023-05-14MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 225 , it is hereby ORDERED that the parties shall file a further joint status report on or before July 14, 2023. Signed by Judge Randolph D. Moss on 5/14/2023. (lcrdm1) (Entered: 05/14/2023)
2023-07-14226Joint STATUS REPORT by TRANSPORTATION SECURITY ADMINISTRATION. (Walker, Anna) (Entered: 07/14/2023)
2023-07-17MINUTE ORDER: Upon consideration the parties' joint status report, Dkt. 226 , it is hereby ORDERED that the parties shall file a further joint status report on or before October 12, 2023. Signed by Judge Randolph D. Moss on 7/17/2023. (lcrdm1) (Entered: 07/17/2023)
2023-10-12227Joint STATUS REPORT by TRANSPORTATION SECURITY ADMINISTRATION. (Walker, Anna) (Entered: 10/12/2023)
2023-10-12MINUTE ORDER: Upon consideration the parties' joint status report, Dkt. 227 , it is hereby ORDERED that the parties shall file a further joint status report on or before January 10, 2024. Signed by Judge Randolph D. Moss on 10/12/2023. (lcrdm1) (Entered: 10/12/2023)
2023-12-22228MOTION to Withdraw as Attorney of Jeffrey T. Green by SAI. (Attachments: # 1 Text of Proposed Order)(Green, Jeffrey) (Entered: 12/22/2023)
2024-01-02MINUTE ORDER: Upon consideration of Jeffrey Green's motion to withdraw, Dkt. 228 , it is hereby ORDERED that the motion is GRANTED. Signed by Judge Randolph D. Moss on 1/2/2024. (lcrdm1) (Entered: 01/02/2024)
2024-01-10229Joint STATUS REPORT by TRANSPORTATION SECURITY ADMINISTRATION. (Walker, Anna) (Entered: 01/10/2024)
2024-01-11MINUTE ORDER: Upon consideration the parties' joint status report, Dkt. 229 , it is hereby ORDERED that the parties shall file a further joint status report on or before March 12, 2024. Signed by Judge Randolph D. Moss on 1/11/2024. (lcrdm1) (Entered: 01/11/2024)
2024-03-12230Joint STATUS REPORT by TRANSPORTATION SECURITY ADMINISTRATION. (Walker, Anna) (Entered: 03/12/2024)
2024-03-12MINUTE ORDER: Upon consideration the parties' joint status report, Dkt. 230 , it is hereby ORDERED that the parties shall file a further joint status report on or before May 10, 2024. Signed by Judge Randolph D. Moss on 3/12/2024. (lcrdm1) (Entered: 03/12/2024)
2024-05-10231Joint STATUS REPORT by TRANSPORTATION SECURITY ADMINISTRATION. (Walker, Anna) (Entered: 05/10/2024)
2024-05-11MINUTE ORDER: Upon consideration the parties' joint status report, Dkt. 231 , it is hereby ORDERED that the parties shall file a further joint status report on or before July 10, 2024. Signed by Judge Randolph D. Moss on 5/11/2024. (lcrdm1) (Entered: 05/11/2024)
2024-07-10232Joint STATUS REPORT by TRANSPORTATION SECURITY ADMINISTRATION. (Walker, Anna) (Entered: 07/10/2024)
2024-07-11MINUTE ORDER: Upon consideration the parties' joint status report, Dkt. 232 , it is hereby ORDERED that the parties shall file a further joint status report on or before September 10, 2024. Signed by Judge Randolph D. Moss on 7/11/2024. (lcrdm1) (Entered: 07/11/2024)
2024-09-10233Joint STATUS REPORT by TRANSPORTATION SECURITY ADMINISTRATION. (Walker, Anna) (Entered: 09/10/2024)
2024-09-11MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 232 , it is hereby ORDERED that the parties shall file a further joint status report on or before November 19, 2024. Signed by Judge Randolph D. Moss on 09/11/2024. (lcrdm1) (Entered: 09/11/2024)
2024-09-16234NOTICE of Appearance by Adam Kleven on behalf of SAI (Kleven, Adam) (Entered: 09/16/2024)
2024-09-16235MOTION to Withdraw as Attorney by SAI. (Croslin, Chike) (Entered: 09/16/2024)
2024-09-16MINUTE ORDER: Upon consideration of Plaintiff's Motion to Withdraw, Dkt. 235 , it is hereby ORDERED that the motion is GRANTED. Signed by Judge Randolph D. Moss on 09/16/2024. (lcrdm1) (Entered: 09/16/2024)
2024-09-17NOTICE of Provisional/Government Not Certified Status re 235 MOTION to Withdraw as Attorney by SAI. (Croslin, Chike). Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 9/24/2024. (zapb) (Entered: 09/17/2024)
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