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Case TitleFOWLKES v. BUREAU OF ATF et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2013cv00122
Date Filed2013-01-30
Date Closed2015-09-30
JudgeJudge Rudolph Contreras
PlaintiffSEAN DARNELL FOWLKES
DefendantBUREAU OF ATF
DefendantEXECUTIVE OFFICE FOR UNITED STATES ATTORNEY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [55]
Opinion/Order [67]
FOIA Project Annotation: Judge Rudolph Contreras has wrapped up several issues remaining in prisoner Sean Fowlkes' FOIA suit against BATF by finding that the agency properly withheld records about gun traces under Exemption 3 (other statutes), but that EOUSA had not shown that the name of the judge presiding over a grand jury was protected under Exemption 7(C) (invasion of privacy concerning law enforcement records). As one way to stymie liability litigation by cities against gun manufacturers, Congress passed a funding restriction prohibiting BATF from using any funds to respond to FOIA requests for gun trace information. While the provision has been recognized by courts as the equivalent of an Exemption 3 statute, Contreras had originally questioned BATF's application of an earlier version of the appropriations provision because it did not specifically identify the provision as applicable to FOIA, required by an amendment to Exemption 3 in the OPEN FOIA Act. This time BATF cited to a more recent version of the appropriations provision, telling Contreras that "the funding restrictions 'remain active and enforceable [and] are subject to [Exemption 3]." This time Contreras agreed and indicated that "BATFE's decision to withhold the Trace Report in full is proper." Contreras rejected EOUSA's attempt to withhold the judge's name under Exemption 7(C). He indicated that "the Court does not discount the potential risk and exposure a judge faces, yet finds the protection afforded by Exemption 7(C) is not so broad as to protect his or her name." He added that "furthermore, EOUSA cites to no case in which the name of a judge who convened a grand jury has been withheld on this basis."
Issues: Exemption 3 - Statutory prohibition of disclosure, Exemption 7(C) - Invasion of privacy concerning law enforcement records
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text
2013-01-301COMPLAINT against BUREAU OF ATF, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Filing fee $ 0.00) filed by SEAN DARNELL FOWLKES. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(jf, ) (Entered: 02/04/2013)
2013-01-30SUMMONS (4) Issued as to BUREAU OF ATF, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY, U.S. Attorney and U.S. Attorney General (jf, ) (Entered: 02/04/2013)
2013-01-302MOTION for Leave to Proceed in forma pauperis by SEAN DARNELL FOWLKES (jf, ) (Entered: 02/04/2013)
2013-01-303PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by SEAN DARNELL FOWLKES (jf, ) (Entered: 02/04/2013)
2013-01-304ORDER directing an initial partial filing fee in the amount of $25.76 from Prison Account of Sean Darnell Fowlkes; further ordered, granting 2 MOTION for Leave to Proceed in forma pauperis. Signed by Judge Rosemary M. Collyer on 01/25/2013. (see order for full detail) (jf, ) (Entered: 02/04/2013)
2013-02-075RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY served on 2/5/2013, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 02/05/2013., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/5/2013. ( Answer due for ALL FEDERAL DEFENDANTS by 3/7/2013.) (jf, ) (Entered: 02/08/2013)
2013-02-216RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BUREAU OF ATF served on 2/20/2013 (jf, ) (Entered: 02/21/2013)
2013-03-077NOTICE of Appearance by Sean Joseph Vanek on behalf of All Defendants (Attachments: # 1 Certificate of Service)(Vanek, Sean) (Entered: 03/07/2013)
2013-03-078MOTION for Extension of Time to Respond to the Complaint by BUREAU OF ATF, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Vanek, Sean) (Entered: 03/07/2013)
2013-04-08MINUTE ORDER: Defendants' 8 Motion for Extension of Time is granted, and their Answer or other response to the Complaint is due by April 11, 2013. Signed by Judge Rudolph Contreras on 4/8/13. (ms, ) (Entered: 04/08/2013)
2013-04-119WITHDRAWN PURSUANT TO NOTICE FILED 8/9/2013 AND MINUTE ORDER FILED 8/12/2013..... MOTION for Summary Judgment by BUREAU OF ATF, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Text of Proposed Order, # 4 Declaration Luczynski, # 5 Declaration Boucher, # 6 Certificate of Service)(Vanek, Sean) Modified on 8/12/2013 (znmw, ). (Entered: 04/11/2013)
2013-04-1210Order advising plaintiff to respond by 5/24/2013 to defendants' motion for summary judgment, or the Court may deem the motion conceded. Signed by Judge Rudolph Contreras on 4/12/13. (ms, ) (Entered: 04/12/2013)
2013-04-12Reset Deadlines: Response to Motion for Summary Judgment due by 5/24/2013. (tj ) (Entered: 04/12/2013)
2013-04-2211MOTION to Withdraw Affidavit Requesting Default by SEAN DARNELL FOWLKES (jf, ). Added MOTION for Extension of Time on 4/23/2013 (znmw, ). Modified on 6/7/2013 (znmw, ). (Entered: 04/23/2013)
2013-05-0312NOTICE OF SUBSTITUTION OF COUNSEL by Michelle Jean Seo on behalf of BUREAU OF ATF, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY Substituting for attorney Sean J. Vanek (Seo, Michelle) (Entered: 05/03/2013)
2013-05-2313ORDER denying 11 plaintiff's Motion to Withdraw and granting his motion for an extension of time. Plaintiff's opposition or other response to the defendants motion for summary judgment is due by June 21, 2013. Signed by Judge Rudolph Contreras on 5/23/13. (ms, ) (Entered: 05/23/2013)
2013-05-23Reset Deadlines: Responses due by 6/21/2013 (tj) (Entered: 05/23/2013)
2013-05-2314NOTICE by SEAN DARNELL FOWLKES. "Leave to file GRANTED" signed by Judge Rudolph Contreras on 05/20/2013 (jf, ) (Entered: 05/23/2013)
2013-05-2315MOTION for Default by SEAN DARNELL FOWLKES. "Leave to file GRANTED" signed by Judge Rudolph Contreras on 05/20/2013 (jf, ) (Entered: 05/23/2013)
2013-05-28MINUTE ORDER: Plaintiff's motion for default 15 is denied. The Court granted the defendants' motion for an extension of time to file a response to the Complaint, and their dispositive motion was timely filed on April 11, 2013. Signed by Judge Rudolph Contreras on 5/28/13. (ms, ) (Entered: 05/28/2013)
2013-05-2816MOTION for Leave to Modify Relief for Damages by SEAN DARNELL FOWLKES (jf, ) (Entered: 05/31/2013)
2013-05-2817Supplemental MOTION for injunctive relief by SEAN DARNELL FOWLKES (Attachments: # 1 Exhibit)(jf, ) (Entered: 05/31/2013)
2013-05-2818Cross MOTION for Summary Judgment, and MOTION to Compel by SEAN DARNELL FOWLKES (jf, ). (Entered: 05/31/2013)
2013-05-2819Memorandum in opposition to re 9 MOTION for Summary Judgment filed by SEAN DARNELL FOWLKES. (jf, ) (Entered: 05/31/2013)
2013-05-3120MOTION for Extension of Time to File Response/Reply to Plaintiff's Cross-Motion for Summary Judgment, Opposition, Supplemental Motion, and Motion for Leave to Modify Relief for Damages by BUREAU OF ATF, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order)(Seo, Michelle) (Entered: 05/31/2013)
2013-06-03MINUTE ORDER: It is hereby ordered that defendants' motion for an extension of time 20 is granted. Their opposition or other response(s) to plaintiff's Motion for Leave to Modify Relief for Damages [ECF No. 16], Supplemental Motion for Injunctive Relief [ECF No. 17], and his cross-motion for summary judgment [ECF No. 18] shall be filed not later than July 8, 2013. Signed by Judge Rudolph Contreras on 6/3/13. (ms, ) (Entered: 06/03/2013)
2013-06-0521MOTION to Withdraw re 11 MOTION for Extension of Time filed by SEAN DARNELL FOWLKES. (jf, ) Modified event title and link on 6/7/2013 (znmw, ). (Entered: 06/06/2013)
2013-06-25MINUTE ORDER: Plaintiff's Motion to Withdraw Request for Extension of Time 21 is denied as moot. Signed by Judge Rudolph Contreras on 6/25/13. (ms, ) (Entered: 06/25/2013)
2013-07-0822MOTION to Strike 17 MOTION for injunctive relief or, in the Alternative, to Deny Plaintiff Leave to Supplement by BUREAU OF ATF, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order)(Seo, Michelle) (Entered: 07/08/2013)
2013-07-0823Memorandum in opposition to re 16 MOTION for Leave to File /Modify Relief for Damages filed by BUREAU OF ATF, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY. (Attachments: # 1 Text of Proposed Order)(Seo, Michelle) (Entered: 07/08/2013)
2013-07-0824MOTION for Extension of Time to File Response/Reply to Plaintiff's Cross-Motion for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment by BUREAU OF ATF, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order)(Seo, Michelle) (Entered: 07/08/2013)
2013-07-18MINUTE ORDER: Defendants Motion for Extension of Time 24 is granted, and their response to plaintiffs cross-motion for summary judgment and opposition to defendants motion for summary judgment is due by August 9, 2013. Signed by Judge Rudolph Contreras on 7/17/13. (ms, ) (Entered: 07/18/2013)
2013-07-22MINUTE ORDER: Plaintiffs Motion for Leave to Modify Relief for Damages 16 is denied. Plaintiff has brought this action under the Freedom of Information Act, see 5 U.S.C. § 552, and the damages provisions of the Privacy Act, see 5 U.S.C. § 552a(g), on which he relies are not applicable. Signed by Judge Rudolph Contreras on 7/19/13. (ms, ) (Entered: 07/22/2013)
2013-07-22MINUTE ORDER: Plaintiff's Supplemental Motion for Injunctive Relief 17 and Defendants' Motion to Strike Plaintiff's Supplemental Motion for Injunctive Relief 22 are denied, and defendants' alternative Motion to Deny Plaintiff Leave to Supplement is granted. The complaint mentions only the Freedom of Information Act requests submitted to the Bureau of Alcohol, Tobacco, Firearms and Explosives and to the Executive Office for United States Attorneys in 2012. Plaintiff has not sought leave to supplement his complaint under Rule 15 of the Federal Rules of Civil Procedure, and he cannot now expand the scope of this action to include two additional FOIA requests submitted in 2013, months after this case began and after a dispositive motion has already been filed and opposed. Allowing supplementation of the complaint at this point would unnecessarily delay the resolution of the current case. Thus, to the extent that plaintiff wishes to pursue claims based on FOIA requests he submitted in 2013, he must raise such claims as part of a new action. Signed by Judge Rudolph Contreras on 7/19/13. (ms, ) (Entered: 07/22/2013)
2013-07-2225Memorandum in opposition to re 24 MOTION for Extension of Time to File Response/Reply to Plaintiff's Cross-Motion for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment filed by SEAN DARNELL FOWLKES. (jf, ) (Entered: 07/24/2013)
2013-07-2226MOTION to Withdraw re 17 Supplemental MOTION for injunctive relief by SEAN DARNELL FOWLKES (jf, ) Modified event title on 7/25/2013 (znmw, ). (Entered: 07/24/2013)
2013-08-0927NOTICE OF WITHDRAWAL OF MOTION by BUREAU OF ATF, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY re 9 MOTION for Summary Judgment and Motion for Extension of Time to Oppose Plaintiff's Cross-Motion for Summary Judgment and to Submit Renewed Summary Judgment Motion (Attachments: # 1 Text of Proposed Order)(Seo, Michelle) (Entered: 08/09/2013)
2013-08-12MINUTE ORDER: It is hereby ordered that plaintiffs 26 Motion to Withdraw is denied as moot. The motion plaintiff seeks to withdraw, his Supplemental Motion for Injunctive Relief 17 , was denied by minute order on July 22, 2013. Signed by Judge Rudolph Contreras on 8/12/13. (ms, ) (Entered: 08/12/2013)
2013-08-12MINUTE ORDER: It is hereby ordered that Defendants Motion for Summary Judgment 9 is withdrawn. It is further ordered that defendants shall file their renewed motion for summary judgment and an opposition or other response to Plaintiffs cross-motion for summary judgment by September 9, 2013.. Signed by Judge Rudolph Contreras on 8/12/13. (ms, ) (Entered: 08/12/2013)
2013-09-0628MOTION for Extension of Time to Oppose Plaintiff's Cross-Motion for Summary Judgment and to Submit Renewed Summary Judgment Motion by BUREAU OF ATF, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order)(Seo, Michelle) (Entered: 09/06/2013)
2013-09-13MINUTE ORDER: Defendants' 28 Motion for Extension of Time is granted, and their dispositive motion or other response to the Complaint is due by October 9, 2013. Signed by Judge Rudolph Contreras on 9/13/13. (ms, ) (Entered: 09/13/2013)
2013-09-1629MOTION to Amend/Correct 1 Complaint by SEAN DARNELL FOWLKES (Attachments: # 1 Exhibit Amended Complaint, # 2 Exhibit Exhibits to the Amended Complaint)(jf, ) (Entered: 09/18/2013)
2013-09-18Reset Deadlines: Dispositive Motions due by 10/9/2013. (tj ) (Entered: 09/18/2013)
2013-09-2330NOTICE of Change of Address by SEAN DARNELL FOWLKES (jf, ) (Entered: 09/25/2013)
2013-10-0131MOTION to Amend/Correct 1 Complaint by SEAN DARNELL FOWLKES (Attachments: # 1 Exhibit Amended Complaint)(td, ) (Entered: 10/03/2013)
2013-10-0932NOTICE of Appearance by Carl Ezekiel Ross on behalf of All Defendants (Ross, Carl) (Entered: 10/09/2013)
2013-10-0933MOTION to Stay by BUREAU OF ATF, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 10/09/2013)
2013-10-21MINUTE ORDER: Defendants Motion for a Stay in Light of Lapse of Appropriations 33 is DENIED as moot. Not later than November 15, 2013, defendant shall file its responses to plaintiffs motion for summary judgment [ECF No. 18] and motions to amend his complaint [ECF Nos. 29 and 31]. Signed by Judge Rudolph Contreras on 10/21/13. (ms, ) (Entered: 10/21/2013)
2013-10-2534Letter from Sean Darnell Fowlkes. "Leave to file GRANTED" signed by Judge Rudolph Contreras (jf, ) (Entered: 10/25/2013)
2013-10-2535ORDER denying without prejudice, plaintiff's 10/6/13 letter 34 which the court construes as a motion to appoint counsel. (Signed by Judge Rudolph Contreras on 10/23/13). (tj) (Entered: 10/25/2013)
2013-11-1536RESPONSE re 31 MOTION to Amend/Correct 1 Complaint, 29 MOTION to Amend/Correct 1 Complaint, 18 MOTION for Summary Judgment MOTION to Compel /In Response to Plaintiff's Motions to Amend and in Opposition to Plaintiff's Motion for Summary Judgment filed by BUREAU OF ATF, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY. (Attachments: # 1 Text of Proposed Order)(Seo, Michelle) (Entered: 11/15/2013)
2013-11-20MINUTE ORDER: It is hereby ORDERED that plaintiff's Motion for Leave to Amend Complaint 31 is GRANTED, and that his Motion for Leave to Amend Complaint 29 is duplicative and therefore is DENIED. It is further ORDERED that plaintiff's cross-motion for summary judgment and motion to compel disclosure and discovery 18 18 is DENIED. It is further ORDERED that, not later than December 20, 2013, defendants shall file their dispositive motion or other response to the complaint. Signed by Judge Rudolph Contreras on 11/20/13. (ms, ) (Entered: 11/20/2013)
2013-11-2538NOTICE of Change of Address by SEAN DARNELL FOWLKES (jf, ) (Entered: 12/02/2013)
2013-11-2737NOTICE OF SUBSTITUTION OF COUNSEL by Robert N. Englund on behalf of All Defendants Substituting for attorney Michelle Jean Seo (Englund, Robert) (Entered: 11/27/2013)
2013-12-0439MOTION for clarification and status by SEAN DARNELL FOWLKES (td, ) (Entered: 12/06/2013)
2013-12-11MINUTE ORDER: Plaintiff's Motion for Clarification and Status 39 is granted. The Clerk of Court has no record of having received a motion submitted by plaintiff on or about August 21, 2013. The Court has granted plaintiff's motion to amend his complaint 31 , and pursuant to the Court's November 20, 2013 Order, defendants' response to the amended complaint is due by December 20, 2013. Signed by Judge Rudolph Contreras on 12/11/13. (ms, ) (Entered: 12/11/2013)
2013-12-1140AMENDED COMPLAINT against BUREAU OF ATF, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY filed by SEAN DARNELL FOWLKES.(znmw, ) (Entered: 12/12/2013)
2013-12-2041MOTION for Extension of Time to File Defendants' Dispositive Motion by BUREAU OF ATF, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Englund, Robert) (Entered: 12/20/2013)
2013-12-2342MOTION for Summary Judgment Renewed by BUREAU OF ATF, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Attachments: # 1 Statement of Facts Undisputed Material Facts, # 2 Memorandum in Support Points and Authorities, # 3 Declaration 2d David Luczynski, # 4 Declaration 3d David Luczynski, # 5 Declaration Katherine Myrick, # 6 Text of Proposed Order)(Englund, Robert) (Entered: 12/23/2013)
2013-12-31MINUTE ORDER: Defendants' 41 Motion for Extension of Time, to Dec. 23, 2013, is granted. Signed by Judge Rudolph Contreras on 12/31/13. (ms, ) (Entered: 12/31/2013)
2013-12-3143Order advising plaintiff to respond by 1/31/2014 to defendants' renewed motion for summary judgment [ECF No. 42], or the Court may treat the motionas conceded. Signed by Judge Rudolph Contreras on 12/31/13. (ms, ) (Entered: 12/31/2013)
2014-01-0244Order advising plaintiff to respond by 1/31/2014 to defendants' 42 MOTION for Summary Judgment, or the Court may treat the motion as conceded. Signed by Judge Rudolph Contreras on 1/2/14. (ms, ) (Entered: 01/02/2014)
2014-01-2245MOTION for Extension of Time to File Response as to 42 MOTION for Summary Judgment Renewed by SEAN DARNELL FOWLKES (jf, ) (Entered: 01/24/2014)
2014-01-27MINUTE ORDER: Plaintiff's 45 Motion for Extension of Time is granted, and his opposition or other response to defendants' 42 Renewed MOTION for Summary Judgment is due by 3/31/2014. Signed by Judge Rudolph Contreras on 1/27/14. (ms, ) (Entered: 01/27/2014)
2014-01-28Reset Deadlines: Response to Motion for Summary Judgment due by 3/31/2014. (tj ) (Entered: 01/28/2014)
2014-03-2446MOTION for Extension of Time to File Response as to 42 MOTION for Summary Judgment Renewed by SEAN DARNELL FOWLKES (jf, ) (Entered: 03/25/2014)
2014-03-27MINUTE ORDER: It is hereby ordered that plaintiff's 46 Motion for Extension of Time is granted, and his opposition or other response to 42 defendants' Motion for Summary Judgment is due by 4/30/2014. It is further ordered that the Clerk of Court shall send a copy of the docket sheet for this case to plaintiff at his current address of record. Signed by Judge Rudolph Contreras on 3/27/14. (ms, ) (Entered: 03/27/2014)
2014-04-2847NOTICE OF SUBSTITUTION OF COUNSEL by Rafique Omar Anderson on behalf of All Defendants Substituting for attorney R. Nicholas Englund (Anderson, Rafique) (Entered: 04/28/2014)
2014-04-3048MOTION to Strike Declaration of Katherine Myrick 42 -5 MOTION for Summary Judgment Renewed by SEAN DARNELL FOWLKES (rdj) (Entered: 05/08/2014)
2014-04-3049Memorandum in opposition to re 42 MOTION for Summary Judgment Renewed filed by SEAN DARNELL FOWLKES. (rdj) (Entered: 05/08/2014)
2014-04-3053Cross MOTION for Summary Judgment by SEAN DARNELL FOWLKES. (See Docket Entry 49 to view document). (znmw, ) (Entered: 06/23/2014)
2014-06-1050Second MOTION for Extension of Time to File Response/Reply by BUREAU OF ATF, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Anderson, Rafique) (Entered: 06/10/2014)
2014-06-11MINUTE ORDER granting 50 Defendants' Motion for an Extension of Time. It is hereby ORDERED that the Defendants shall file their reply in support of the renewed motion for summary judgment, and their opposition to Plaintiff's cross-motion for summary judgment, on or before June 13, 2014. SO ORDERED. Signed by Judge Rudolph Contreras on 6/11/2014.(lcrc2) (Entered: 06/11/2014)
2014-06-1351Third MOTION for Extension of Time to File Response/Reply by BUREAU OF ATF, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Anderson, Rafique) (Entered: 06/13/2014)
2014-06-17MINUTE ORDER granting 51 Motion for an Extension of Time. It is hereby ORDERED that the Defendants shall file their reply in support of their renewed motion for summary judgment, and their opposition to Plaintiff's cross-motion for summary judgment, on or before June 20, 2014. SO ORDERED. Signed by Judge Rudolph Contreras on 6/17/2014. (lcrc2) (Entered: 06/17/2014)
2014-06-2052REPLY to opposition to motion re 48 MOTION to Strike 42 MOTION for Summary Judgment Renewed filed by BUREAU OF ATF, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY. (Attachments: # 1 Statement of Facts)(Anderson, Rafique) (Entered: 06/20/2014)
2014-06-2054Memorandum in opposition to re 53 MOTION for Summary Judgment filed by BUREAU OF ATF, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY. (See Docket Entry 52 to view document). (znmw, ) (Entered: 06/23/2014)
2014-09-1555MEMORANDUM AND OPINION and Order granting in part and denying in part Defendants' Renewed Motion for Summary Judgment [ECF No. 42], denying plaintiff's Motion to Strike [ECF No. 48], denying Plaintiff's Cross-Motion for Summary Judgment and Motion for Discovery [ECF No. 49] and directing defendants to file a renewed motion for summary judgment within 45 days of this Order. Signed by Judge Rudolph Contreras on 9/15/14. (ms, ) (Entered: 09/15/2014)
2014-10-3056Consent MOTION for Extension of Time to File Renewed motion for Summary Judgment by BUREAU OF ATF, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Anderson, Rafique) (Entered: 10/30/2014)
2014-10-31MINUTE ORDER granting 56 Defendants' Consent Motion for Extension of Time to File: It is hereby ORDERED that Defendants' consent motion for an extension of time to file is granted. It is FURTHER ORDERED that Defendants' renewed motion for summary judgment shall be due on or before November 14, 2014. SO ORDERED. Signed by Judge Rudolph Contreras on 10/31/2014. (lcrc2) (Entered: 10/31/2014)
2014-11-03Reset Deadlines: Renewed Motion for Summary Judgment due by 11/14/2014. (tj ) (Entered: 11/03/2014)
2014-11-1457MOTION for Extension of Time to FILE A RENEWED MOTION FOR SUMMARY JUDGMENT by BUREAU OF ATF, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Anderson, Rafique) (Entered: 11/14/2014)
2014-11-2158MOTION for Summary Judgment by BUREAU OF ATF, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Attachments: # 1 Statement of Facts STATEMENT OF FACTS, # 2 Memorandum in Support MEMORANDUM IN SUPPORT, # 3 Exhibit EX. 1 NOV 20 LUCZYNSKI DECLARATION, # 4 Exhibit EX.2 1ST LUCYNSKI DECLARATION, # 5 Exhibit EX.3 BOUCHER DECLARATION, # 6 Exhibit EX.4 SCOND BOUCHER DECLARATION, # 7 Exhibit EX. 5 EXCERPTS OF TIAHRT LANGUAGE, # 8 Exhibit EX. 6 2ND LUCZYNSKI DECLARATION, # 9 Exhibit EX. 7 MYRICK DECLARATION)(Anderson, Rafique) (Entered: 11/21/2014)
2014-11-24MINUTE ORDER granting 57 Defendants' Motion for Extension of Time: It is hereby ORDERED that Defendants' motion for an extension of time to file a renewed motion for summary judgment is granted. It is FURTHER ORDERED that 58 Defendants' Second Renewed Motion for Summary Judgment is hereby accepted as timely filed. SO ORDERED. Signed by Judge Rudolph Contreras on 11/24/2014. (lcrc2) (Entered: 11/24/2014)
2014-11-2459Order advising plaintiff to respond by 12/29/2014 to defendants' 58 Motion for Summary Judgment, or the Court may treat the motion as conceded. Signed by Judge Rudolph Contreras on 11/24/14. (ms, ) (Entered: 11/24/2014)
2014-11-25Reset Deadlines: Responses due by 12/29/2014. (tj) (Entered: 11/25/2014)
2014-12-1960MOTION for Extension of Time to File Response as to 58 MOTION for Summary Judgment by SEAN DARNELL FOWLKES (jf, ) (Entered: 12/22/2014)
2015-01-05MINUTE ORDER: Plaintiff's 60 Motion for Extension of Time is granted, and his Response to defendants' 58 MOTION for Summary Judgment is due by 1/29/2015. Signed by Judge Rudolph Contreras on 12/30/14. (ms, ) (Entered: 01/05/2015)
2015-02-0261Memorandum in opposition to re 58 MOTION for Summary Judgment filed by SEAN DARNELL FOWLKES. (jf, ) (Entered: 02/04/2015)
2015-02-0262Cross MOTION for Summary Judgment by SEAN DARNELL FOWLKES (jf, ) (Entered: 02/04/2015)
2015-02-1963REPLY to opposition to motion re 58 MOTION for Summary Judgment AND OPPOSITION TO PLAINTIFFS CROSS MOTION FOR SUMMARY JUDGMENT filed by BUREAU OF ATF, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY. (Anderson, Rafique) (Entered: 02/19/2015)
2015-02-1964Memorandum in opposition to re 62 MOTION for Summary Judgment filed by BUREAU OF ATF, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY. (See Docket Entry 63 to view document). (znmw, ) (Entered: 02/20/2015)
2015-04-2265NOTICE of Appearance by Jodi George on behalf of All Defendants (George, Jodi) (Entered: 04/22/2015)
2015-05-0766NOTICE OF SUBSTITUTION OF COUNSEL by Stephanie Nicole Liaw on behalf of All Defendants Substituting for attorney Jodi George (Liaw, Stephanie) (Entered: 05/07/2015)
2015-09-2167MEMORANDUM AND OPINION. Signed by Judge Rudolph Contreras on 9/21/15. (ms) (Entered: 09/21/2015)
2015-09-2168ORDER granting in part and denying in part 58 defendant's Motion for Summary Judgment and denying 62 plaintiff's Cross-Motion for Summary Judgment except it is granted with respect to the withholding of the judge's name under FOIA Exemption 7(C). Signed by Judge Rudolph Contreras on 9/21/15. (ms) (Entered: 09/21/2015)
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