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Case TitleBAGWELL v. U.S. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv00531
Date Filed2015-04-08
Date Closed2022-05-02
JudgeJudge Christopher R. Cooper
PlaintiffRYAN BAGWELL
Case DescriptionRyan Bagwell, who runs the Penn State Sunshine Fund, submitted a request to the Executive Office for U.S. Attorneys at the Justice Department for records concerning the investigation of child abuse allegations at Penn State University. EOUSA denied Bagwell's request based on Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). Bagwell appealed EOUSA's decision to the Office of Information Policy. OIP remanded the request to EOUSA with instructions to process it. Bagwell contacted EOUSA on a number of occasions, but after receiving no further substantive response to his request, Bagwell filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Recovery of Costs

DefendantU.S. DEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [21]
Opinion/Order [71]
FOIA Project Annotation: Judge Christopher Cooper has ruled the Department of Justice still has not shown that it conducted an adequate search for records concerning the investigation of child sexual abuse charges against former Penn State assistant football coach Jerry Sandusky, or its claim that records are still subject to Exemption 7(A) (ongoing investigation or proceeding), but approved all but one of its withholdings under Exemption 5 (privileges). Ryan Bagwell, a Penn State alumnus who has doggedly pursued open records litigation at the state and federal level for records about the Sandusky investigation, requested records from both the Justice Department and the Department of Education. Because the U.S. Attorney's Office for the Middle District of Pennsylvania was involved in pursuing federal charges against Sandusky, Bagwell requested records from the Executive Office for U.S. Attorneys. EOUSA disclosed 517 pages and withheld 104 pages. In his earlier decision, Cooper questioned the agency's search of its email system, as well as the lack of any records of communications with former FBI Director Louis Freeh, whose law firm had conducted an investigation of Sandusky on behalf of Penn State, and ordered the agency to conduct a second search. The agency identified six staff positions most likely to have received responsive emails and searched those accounts. Bagwell claimed that the use of only the term "Pennsylvania State University" was underinclusive. Cooper agreed, noting that "because it is likely that emails concerning the investigation would use 'PSU' or "Penn State' rather than the full name of the University, the Department's search was not reasonably calculated to find all responsive emails." Bagwell argued that he had not received any of the records referred by DOJ to the Department of Education. DOJ argued that the records were similar to ones that Bagwell had requested directly from Education. Cooper pointed out that "that may be so, but any similarity in the two requests does not relieve at least one of the Departments of the obligation to inform Bagwell of its intent to withhold the documents pursuant to valid FOIA exemptions or release them." DOJ withheld records from a state grand jury used in Sandusky's state prosecution, which was currently subject to an appeal by Sandusky, on the basis of Exemption 7(A). Cooper agreed with DOJ that it had shown the existence of an ongoing proceeding, but noted that "the mere fact that these records were part of the grand jury proceeding and are confidential does not explain how the release of the records would interfere with the ongoing proceeding. . . Without a discussion of the way in which release of this information would jeopardize the still-pending proceedings, the Department has failed to meet its burden under Exemption 7(A)." Cooper told DOJ it could supplement its affidavits to provide more support for its claim, including issues dealing with federalism and comity. Cooper found that several documents qualified as attorney work-product. Although Bagwell had argued broadly that documents prepared too early in the investigation did not qualify as work product, here Cooper pointed out that "because the attorneys prepared these documents during a law enforcement investigation into specific allegations of illegal conduct by specific individuals, with the intention of bringing criminal charges if those allegations were substantiated, they were prepared in reasonable anticipation of litigation."
Issues: Exemption 7(A) - Interference with ongoing investigation, Adequacy - Search
Opinion/Order [122]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-04-081COMPLAINT against U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 400, receipt number 4616069432) filed by RYAN BAGWELL. (Attachments: # 1 Civil Cover Sheet)(td, ) (Entered: 04/13/2015)
2015-04-08SUMMONS (3) Issued as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (td, ) (Entered: 04/13/2015)
2015-04-082MOTION for CM/ECF Password by RYAN BAGWELL (td, ) (Entered: 04/13/2015)
2015-04-14MINUTE ORDER granting 2 Motion for CM/ECF Password. Signed by Judge Christopher R. Cooper on 4/14/2015. (tcr) (Entered: 04/14/2015)
2015-04-273RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/27/15., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/27/2015. ( Answer due for ALL FEDERAL DEFENDANTS by 5/27/2015.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 4/27/2015 (BAGWELL, RYAN) (Entered: 04/27/2015)
2015-05-154NOTICE of Appearance by Rhonda Lisa Campbell on behalf of U.S. DEPARTMENT OF JUSTICE (Campbell, Rhonda) (Entered: 05/15/2015)
2015-05-265Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by U.S. DEPARTMENT OF JUSTICE (Campbell, Rhonda) (Entered: 05/26/2015)
2015-05-29MINUTE ORDER granting 5 Motion for Extension of Time to Answer. Defendant shall answer or otherwise respond to the complaint on or before June 28, 2015. Signed by Judge Christopher R. Cooper on 5/29/2015. (lccrc1, ) (Entered: 05/29/2015)
2015-06-296ANSWER to Complaint by U.S. DEPARTMENT OF JUSTICE.(Campbell, Rhonda) (Entered: 06/29/2015)
2015-06-30MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall promptly confer and file a joint proposed schedule for briefing or disclosure by July 14, 2015. Signed by Judge Christopher R. Cooper on 6/30/2015. (lccrc1, ) (Entered: 06/30/2015)
2015-07-137Joint MOTION for Briefing Schedule by RYAN BAGWELL (BAGWELL, RYAN) (Entered: 07/13/2015)
2015-07-15MINUTE ORDER granting 7 Joint MOTION for Briefing Schedule; Defendant shall file its motion for summary judgment on or before August 28, 2015. Plaintiff shall file his opposition/cross motion for summary judgment on or before October 13, 2015. Defendant shall file its opposition/reply brief on or before November 13, 2015. Plaintiff shall file his reply brief on or before December 13, 2015. Signed by Judge Christopher R. Cooper on 7/15/2015. (tcr) (Entered: 07/15/2015)
2015-07-258NOTICE of Change of Address by RYAN BAGWELL (BAGWELL, RYAN) (Entered: 07/25/2015)
2015-08-139MOTION to Compel Creation of a Vaughn Index by RYAN BAGWELL (BAGWELL, RYAN) (Entered: 08/13/2015)
2015-08-1410NOTICE to the Court by U.S. DEPARTMENT OF JUSTICE re 9 MOTION to Compel Creation of a Vaughn Index (Campbell, Rhonda) (Entered: 08/14/2015)
2015-08-1611REPLY to opposition to motion re 9 MOTION to Compel Creation of a Vaughn Index filed by RYAN BAGWELL. (BAGWELL, RYAN) (Entered: 08/16/2015)
2015-08-17MINUTE ORDER: Plaintiff's 9 motion to compel the Department of Justice to produce a Vaughn index within ten days is hereby DENIED as premature.. Signed by Judge Christopher R. Cooper on 8/17/2015. (tcr) (Entered: 08/17/2015)
2015-08-2812MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Jodi Matuszwski, # 4 Declaration Princina Stone, # 5 Exhibit Vaughn Index (Exhibit No. 1))(Campbell, Rhonda) (Entered: 08/28/2015)
2015-10-1313Cross MOTION for Partial Summary Judgment and Response in Opposition to Def.'s Motion for Summary Judgment by RYAN BAGWELL (Attachments: # 1 Memorandum in Support Plaintiff's Memorandum in Opposition to Def. Motion for Summary Judgment and in support of Plaintiff's Cross-motion for Partial Summary Judgment, # 2 Statement of Facts Plaintiff's Statement of Disputed Facts, # 3 Text of Proposed Order Plaintiff's Proposed Order, # 4 Exhibit Ex. A, # 5 Exhibit Ex. B, # 6 Exhibit Ex. C - USAO Subpoena, # 7 Exhibit Ex. D, # 8 Exhibit Ex. E - Remarks of Louis J. Freeh, # 9 Exhibit Ex. F - Request Letter, # 10 Exhibit Ex. G - Denial Letter, # 11 Exhibit Ex. H - Administrative Appeal Determination, # 12 Exhibit Ex. I - Declaration of Ryan Bagwell, # 13 Exhibit Ex. J - Partial Denial Letter)(BAGWELL, RYAN) (Entered: 10/13/2015)
2015-10-1314Memorandum in opposition to re 12 MOTION for Summary Judgment filed by RYAN BAGWELL; (See docket entry no. 13 to view document) (td) (Entered: 10/14/2015)
2015-10-2315REPLY to opposition to motion re 12 Cross MOTION for Partial Summary Judgment and Response in Opposition to Def.'s Motion for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Campbell, Rhonda) Modified to add correct linkage on 10/26/2015 (td). (Entered: 10/23/2015)
2015-10-2616REPLY re 15 Reply to opposition to Motion for Summary Judgment filed by RYAN BAGWELL. (BAGWELL, RYAN) (Entered: 10/26/2015)
2015-12-03MINUTE ORDER: It is hereby ORDERED that a telephonic motions hearing is set for Thursday, December 17, 2015 at 10:00 AM in Chambers before Judge Christopher R. Cooper. Signed by Judge Christopher R. Cooper on 12/3/2015. (tcr) (Entered: 12/03/2015)
2015-12-17Minute Entry for proceedings held before Judge Christopher R. Cooper: Motion Hearing held on 12/17/2015 re Plaintiff's 13 Cross MOTION for Partial Summary Judgment,Defendant's 12 MOTION for Summary Judgment; Argument heard and this matter is taken under advisement (Court Reporter Lisa Moreira) (tcr) (Entered: 12/17/2015)
2015-12-1817MEMORANDUM OPINION AND ORDER re 12 Defendant's Motion for Summary Judgment and 13 Plaintiff's Cross-Motion for Partial Summary Judgment. Signed by Judge Christopher R. Cooper on 12/18/2015. (lccrc3) (Entered: 12/18/2015)
2016-01-2918MOTION to Continue Proceedings and Status Report by U.S. DEPARTMENT OF JUSTICE (Campbell, Rhonda) (Entered: 01/29/2016)
2016-02-03MINUTE ORDER: A Telephonic Status Conference is set for Thursday, February 11,2016 at 2:30 PM in chambers of Judge Christopher R. Cooper. Signed by Judge Christopher R. Cooper on 2/3/2016. (tcr) (Entered: 02/03/2016)
2016-02-03Set/Reset Hearings: Telephone Conference set for 2/11/2016 at 2:30 PM in Chambers before Judge Christopher R. Cooper. (tcr) (Entered: 02/03/2016)
2016-02-11MINUTE ORDER granting in part 18 Defendant's Motion to Continue: It is hereby ORDERED that, no later than February 29, 2016, Defendant file a status report advising the Court of the progress of Defendant's search and review as well as the result of any conferral with Plaintiff. It is FURTHER ORDERED that, no later than February 29, 2016, Defendant submit a revised Vaughn Index as to the withholding of the 104 pages of records discussed in 12 , 13 the parties' motions for summary judgment, following the standard described in 17 the Court's Memorandum Opinion and Order. Signed by Judge Christopher R. Cooper on 2/11/16. (lccrc3) (Entered: 02/11/2016)
2016-02-11Minute Entry for proceedings held before Judge Christopher R. Cooper: Telephonic Status Conference held and concluded on 2/11/2016. Court to issue order accordingly. (Court Reporter Lisa Moreira) (tcr) (Entered: 02/12/2016)
2016-02-2919MOTION to Stay re Order on Motion to Continue,, by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Exhibit No. 1 (Supplemental Vaughn Index))(Campbell, Rhonda) (Entered: 02/29/2016)
2016-03-0120NOTICE of Change of Address by RYAN BAGWELL (BAGWELL, RYAN) (Entered: 03/01/2016)
2016-03-0321ORDER granting in part and denying without prejudice in part 12 Defendant's Motion for Summary Judgment; denying 13 Plaintiff's Motion for Partial Summary Judgment; denying 19 Defendant's Motion to Stay; and setting a schedule for further proceedings. Signed by Judge Christopher R. Cooper on 3/3/2016. (lccrc3) (Entered: 03/03/2016)
2016-03-0822MOTION for Reconsideration re 21 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment, Order on Motion to Stay,,, and Response to Defendant's Status Report by RYAN BAGWELL (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(BAGWELL, RYAN) (Entered: 03/08/2016)
2016-03-0823RESPONSE defendant's Status Report re 19 MOTION to Stay re Order on Motion to Continue,, filed by RYAN BAGWELL; (See docket Entry No. 22 to view document.) (td) (Entered: 03/08/2016)
2016-03-3124Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Campbell, Rhonda) (Entered: 03/31/2016)
2016-03-3125Supplemental STATUS REPORT by RYAN BAGWELL. (BAGWELL, RYAN) (Entered: 03/31/2016)
2016-04-0126ORDER denying 22 Plaintiff's Motion for Reconsideration. Signed by Judge Christopher R. Cooper on 4/1/2016. (lccrc3) (Entered: 04/01/2016)
2016-05-3127Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Campbell, Rhonda) (Entered: 05/31/2016)
2016-05-3128First MOTION for Leave to File Supplemental Pleading by RYAN BAGWELL (Attachments: # 1 Exhibit A - fee-waiver request, # 2 Exhibit B - EOUSA fee-demand letter, # 3 Exhibit C - first administrative appeal, # 4 Exhibit D - EOUSA denial of first fee-waiver request, # 5 Exhibit E - OIP response to first administrative appeal, # 6 Exhibit F - second fee-waiver request, # 7 Exhibit G - second fee-waiver denial, # 8 Exhibit H - second fee-waiver appeal)(BAGWELL, RYAN) (Entered: 05/31/2016)
2016-06-1629MOTION for Extension of Time to File Response/Reply as to 28 First MOTION for Leave to File Supplemental Pleading by U.S. DEPARTMENT OF JUSTICE (Campbell, Rhonda) (Entered: 06/16/2016)
2016-06-1630RESPONSE re 29 MOTION for Extension of Time to File Response/Reply as to 28 First MOTION for Leave to File Supplemental Pleading filed by RYAN BAGWELL. (BAGWELL, RYAN) (Entered: 06/16/2016)
2016-06-17MINUTE ORDER granting 29 Defendant's Motion for Extension of Time to File Response/Reply: It is hereby ORDERED that Defendant file any response to 28 Plaintiff's Motion for Leave to File no later than June 22, 2016. Signed by Judge Christopher R. Cooper on 6/17/2016. (lccrc3) (Entered: 06/17/2016)
2016-06-17Set/Reset Deadlines: Defendant to file any response to 28 Plaintiff's Motion for Leave to File no later than 6/22/2016. (kt) (Entered: 06/17/2016)
2016-06-2131MOTION for Order holding Defendant in Contempt of Court by RYAN BAGWELL (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(BAGWELL, RYAN) (Entered: 06/21/2016)
2016-06-2232RESPONSE re 28 First MOTION for Leave to File Supplemental Pleading filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Campbell, Rhonda) (Entered: 06/22/2016)
2016-06-2433REPLY to opposition to motion re 28 First MOTION for Leave to File Supplemental Pleading with exhibit filed by RYAN BAGWELL. (BAGWELL, RYAN) (Entered: 06/24/2016)
2016-08-0134Joint STATUS REPORT by RYAN BAGWELL. (BAGWELL, RYAN) (Entered: 08/01/2016)
2016-09-2035MOTION for Hearing (telephonic status conference) by RYAN BAGWELL (Attachments: # 1 Exhibit A (Fee Demand Letter))(BAGWELL, RYAN) (Entered: 09/20/2016)
2016-09-23MINUTE ORDER granting 35 Motion for Hearing: A Hearing on all outstanding Motions is hereby set for October 6, 2016 at 2:00 PM in Courtroom 27A. Plaintiff may appear via telephone. Signed by Judge Christopher R. Cooper on 9/23/2016. (lccrc1) (Entered: 09/23/2016)
2016-09-23Set/Reset Hearings: Motions Hearing set for 10/6/2016 at 2:00 PM in Courtroom 27A before Judge Christopher R. Cooper. (zlsj) (Entered: 09/26/2016)
2016-10-06MINUTE ORDER: Hearing held on pending motions before Judge Christopher R. Cooper on October 6, 2016. Plaintiff's Motion 28 for Leave to File Supplemental Pleading taken under advisement. Defendant is hereby ORDERED to file a Notice no later than October 13, 2016 indicating whether Defendant still intends to charge Plaintiff fees to process his request. Plaintiff's Motion 31 for Order Holding Defendant in Contempt of Court is hereby DENIED. Court Reporter Lisa Moreira. (zlsj) (Entered: 10/06/2016)
2016-10-1336NOTICE to the Court by U.S. DEPARTMENT OF JUSTICE re Order on Motion for Leave to File, Order on Motion for Order, Motion Hearing, Set Deadlines,,,, (Campbell, Rhonda) (Entered: 10/13/2016)
2016-10-1437NOTICE of response to Defendant's Notice of Oct. 13, 2016 by RYAN BAGWELL (BAGWELL, RYAN) (Entered: 10/14/2016)
2016-10-19MINUTE ORDER denying as moot 28 Motion for Leave to File: In light of 36 Defendant's Notice that it will grant Plaintiff's request for a fee waiver, Plaintiff's Motion for Leave to File Supplemental Pleadings is hereby DENIED AS MOOT without prejudice. In the event that the Defendant seeks to assess duplication fees, Mr. Bagwell may renew his motion. It is further ORDERED that the parties shall confer and file a joint proposed production schedule, including any objections and counter-proposals, no later than October 26, 2016. Signed by Judge Christopher R. Cooper on 10/19/2016. (lccrc1) (Entered: 10/19/2016)
2016-10-19Set/Reset Deadlines: Joint Proposed Discovery due by 10/26/2016. (zlsj) (Entered: 10/19/2016)
2016-10-2638Joint STATUS REPORT proposing a production schedule by RYAN BAGWELL. (BAGWELL, RYAN) (Entered: 10/26/2016)
2016-10-27MINUTE ORDER: In light of the parties' 38 Joint Status Report, it is hereby ORDERED that Defendant complete the production of all responsive, non-exempt records no later than May 1, 2017, absent leave of the Court. Defendant shall produce records on a monthly, rolling basis, beginning November 30, 2016. It is further ORDERED that the parties jointly file a further status report every 60 days, beginning December 30, 2016. It is further ORDERED that Defendant locate, review, and produce all responsive, non-exempt emails between Defendant and employees of Freeh, Sporkin & Sullivan, identified by e-mail addresses that contain "freehgroup.com," no later than November 30, 2016, unless good cause is shown why that production schedule is not feasible. The parties are encouraged to work together to narrow the scope of the review to the extent possible. SO ORDERED. Signed by Judge Christopher R. Cooper on 10/27/2016. (lccrc1) (Entered: 10/27/2016)
2016-10-27Set/Reset Deadlines: Initial Disclosure due by 11/30/2016. Simplification of Issues due by 11/30/2016. Status Report due by 3/1/2017 Discovery due by 5/1/2017. (zlsj) (Entered: 10/27/2016)
2016-12-3039STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Campbell, Rhonda) (Entered: 12/30/2016)
2017-03-2840Unopposed MOTION for Extension of Time to File Joint Report by U.S. DEPARTMENT OF JUSTICE (Campbell, Rhonda) (Entered: 03/28/2017)
2017-03-30MINUTE ORDER granting 40 Motion for Extension of Time: The parties shall file a joint status report no later than April 4, 2017. However, the parties are advised that, in accordance with the Court's October 27, 2016 Minute Order, joint status reports were to be filed every sixty days, beginning December 30, 2016. Accordingly, the previous deadline for the second status report was February 28, 2017, not March 31, 2017 as indicated in the Government's motion. Furthermore, as previously ordered, Defendant shall complete the production of all responsive, non-exempt records no later than May 1, 2017, and a third joint status report should also be filed on that date. Signed by Judge Christopher R. Cooper on 3/30/2017. (lccrc1) (Entered: 03/30/2017)
2017-03-30Set/Reset Deadlines: Status Report due by 4/4/2017. Third Status Report due by 5/1/2017. (mac) (Entered: 03/30/2017)
2017-03-30Set/Reset Deadlines: Joint Status Report due by 4/4/2017. Defendant shall complete the production of all responsive, non-exempt records no later than 5/1/2017, and a third Joint Status Report should also be filed on that date. (nbn) (Entered: 03/30/2017)
2017-04-0441Joint STATUS REPORT by RYAN BAGWELL. (BAGWELL, RYAN) (Entered: 04/04/2017)
2017-05-0142Joint STATUS REPORT by RYAN BAGWELL. (BAGWELL, RYAN) (Entered: 05/01/2017)
2017-05-0243NOTICE to the Court by U.S. DEPARTMENT OF JUSTICE re 42 Status Report (Campbell, Rhonda) (Entered: 05/02/2017)
2017-05-0244MOTION for Briefing Schedule by RYAN BAGWELL (BAGWELL, RYAN) (Entered: 05/02/2017)
2017-05-0245RESPONSE re 44 MOTION for Briefing Schedule filed by U.S. DEPARTMENT OF JUSTICE. (Campbell, Rhonda) (Entered: 05/02/2017)
2017-05-15VACATED PURSUANT TO ORDER FILED 7/19/2017.....MINUTE ORDER: It is hereby ORDERED that this case shall proceed according to the following schedule: Defendant shall submit a Declaration and Vaughn Index no later than June 30, 2017; Defendant shall file any motion for summary judgment no later than July 17, 2017; Plaintiff shall file any opposition or cross-motion for summary judgment no later than September 1, 2017; Defendant shall file a reply no later than October 1, 2017; Plaintiff shall file a reply no later than November 1, 2017. Signed by Judge Christopher R. Cooper on 5/15/2017. (lccrc1) Modified on 7/20/2017 (znmw). (Entered: 05/15/2017)
2017-05-16Set/Reset Deadlines: Declaration and Vaughn Index due by 6/30/2017. Summary Judgment motions due by 7/17/2017. Response to Motion for Summary Judgment due by 9/1/2017. Reply to Motion for Summary Judgment due by 10/1/2017. Plaintiff's Replies due by 11/1/2017. (lsj) (Entered: 05/16/2017)
2017-06-1646MOTION to Stay re Order on Motion for Briefing Schedule,, by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration D. Brian Simpson, # 2 Declaration Princina Stone)(Campbell, Rhonda) (Entered: 06/16/2017)
2017-06-2247RESPONSE re 46 MOTION to Stay re Order on Motion for Briefing Schedule,, and Cross Motion for a Modified Briefing Schedule filed by RYAN BAGWELL. (Attachments: # 1 Exhibit A)(BAGWELL, RYAN) (Entered: 06/22/2017)
2017-06-2248Cross MOTION for Modified Briefing Schedule by RYAN BAGWELL (td); (See docket entry no. 47 to view.) (Entered: 06/23/2017)
2017-06-2849MOTION for Extension of Time to File Defendants' Reply to Plaintiff's Response in Opposition to Defendants' Motion for Extension of Time and Cross Motion for a Modified Briefing Schedule by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Campbell, Rhonda) (Entered: 06/28/2017)
2017-07-06MINUTE ORDER: It is hereby ORDERED that the parties shall appear for a telephonic status conference, regarding Defendant's 46 Motion to Stay and Plaintiff's 48 Cross-Motion for Modified Briefing Schedule, on July 17, 2017, at 10:00 AM. The Courtroom Deputy will be in touch with call-in information. Signed by Judge Christopher R. Cooper on 7/6/2017. (lccrc1) (Entered: 07/06/2017)
2017-07-07Set/Reset Hearings: Telephone Conference set for 7/17/2017 at 10:00 AM in Chambers before Judge Christopher R. Cooper. (lsj) (Entered: 07/07/2017)
2017-07-14MINUTE ORDER: The telephonic status conference currently scheduled for July 17, 2017, at 10:00 AM is hereby VACATED. Signed by Judge Christopher R. Cooper on 7/14/2017. (lccrc1) (Entered: 07/14/2017)
2017-07-17Set/Reset Hearings: Telephone Conference set for re Defendant's 46 Motion to Stay and Plaintiff's 48 Cross-Motion for Modified Briefing Schedule on 7/18/2017 at 10:00 AM in Courtroom 27A before Judge Christopher R. Cooper. (lsj) (Entered: 07/17/2017)
2017-07-18Minute Entry for Telephone Conference held before Judge Christopher R. Cooper on 7/18/2017. Forthcoming Order. Court Reporter Lisa Moreira. (lsj) (Entered: 07/18/2017)
2017-07-1950ORDER: It is hereby ORDERED that the current briefing schedule in this case is VACATED, and that the case shall proceed according to the schedule set out in the accompanying Order. It is further ORDERED that Plaintiff and Defendant are to meet and confer, and to file either joint or separate proposed schedules for the processing no later than August 1, 2017. SEE ORDER FOR DETAILS. Signed by Judge Christopher R. Cooper on 7/19/2017. (lccrc1) (Entered: 07/19/2017)
2017-07-3151Joint MOTION for Extension of Time to File Proposed Production Schedules by RYAN BAGWELL (BAGWELL, RYAN) (Entered: 07/31/2017)
2017-08-02MINUTE ORDER granting 51 Motion for Extension of Time: It is hereby ORDERED that the parties shall file either joint or separate proposed schedules for processing no later than August 15, 2017. Signed by Judge Christopher R. Cooper on 8/2/2017. (lccrc1) (Entered: 08/02/2017)
2017-08-02Set/Reset Deadlines: Proposed Processing Schedule due by 8/15/2017 (lsj) (Entered: 08/02/2017)
2017-08-1552Joint MOTION for Extension of Time to File Proposed Production Schedule by RYAN BAGWELL (BAGWELL, RYAN) (Entered: 08/15/2017)
2017-08-1553MOTION for Leave to File Under Seal by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Campbell, Rhonda) (Entered: 08/15/2017)
2017-08-1554NOTICE to the Court by U.S. DEPARTMENT OF JUSTICE re 50 Order on Motion to Stay,, Order on Motion to Modify,, Order on Motion for Extension of Time to, (Attachments: # 1 Declaration B.Simpson (Supplemental), # 2 Exhibit 2 Letter from PA Office of Attorney General, # 3 Exhibit USAO-EDPA Vaughn Index, # 4 Declaration Stone (Supplemental), # 5 Exhibit EOUSA Vaughn Index)(Campbell, Rhonda) (Entered: 08/15/2017)
2017-08-1555SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by U.S. DEPARTMENT OF JUSTICE (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit 3, # 2 Exhibit 4, # 3 Exhibit 5, # 4 Text of Proposed Order)(Campbell, Rhonda) (Entered: 08/15/2017)
2017-08-15MINUTE ORDER granting 53 Defendant's Motion to File Under Seal. Signed by Judge Christopher R. Cooper on 8/15/2017. (lccrc1) (Entered: 08/15/2017)
2017-08-15MINUTE ORDER granting 52 Joint Motion for Extension of Time to File Proposed Production Schedules. The proposed schedules are due on or before September 1, 2017. Signed by Judge Christopher R. Cooper on 8/15/2017. (lccrc1) (Entered: 08/15/2017)
2017-08-2456RESPONSE re 55 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by U.S. DEPARTMENT OF JUSTICE (This document is SEALED and only available to authorized persons.) filed by RYAN BAGWELL. (BAGWELL, RYAN) (Entered: 08/24/2017)
2017-08-2957MOTION for Summary Judgment Renewed by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support)(Campbell, Rhonda) (Entered: 08/29/2017)
2017-09-0558STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Campbell, Rhonda) (Entered: 09/05/2017)
2017-09-0559STATUS REPORT and Proposed Production Schedule by RYAN BAGWELL. (Attachments: # 1 Exhibit A (Plf letter regarding search terms))(BAGWELL, RYAN) (Entered: 09/05/2017)
2017-09-2560Unopposed MOTION for Extension of Time to File Opposition and Cross-Motion for Summary Judgment by RYAN BAGWELL (BAGWELL, RYAN) (Entered: 09/25/2017)
2017-10-04MINUTE ORDER granting 60 Motion for Extension of Time to File Opposition. It is ORDERED that Plaintiff's Opposition or Cross-Motion for Summary Judgment is due on or before October 26, 2017. Defendants reply in support is due on or before November 17, 2017. Plaintiffs reply in support of any cross-motion is due on or before December 7, 2017. Signed by Judge Christopher R. Cooper on 10/4/2017. (lccrc1) (Entered: 10/04/2017)
2017-10-04Set/Reset Deadlines: Response to Motion for Summary Judgment due by 10/26/2017. Reply to Motion for Summary Judgment due by 11/17/2017. Plaintiff's Replies in Support due by 12/7/2017. (lsj) (Entered: 10/04/2017)
2017-10-2661Cross MOTION for Summary Judgment by RYAN BAGWELL (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M (Annotated Vaughn Index), # 15 Exhibit N)(BAGWELL, RYAN) (Entered: 10/26/2017)
2017-10-2662Memorandum in opposition to re 57 MOTION for Summary Judgment Renewed filed by RYAN BAGWELL. (See Docket Entry 61 to view document). (znmw) (Entered: 10/27/2017)
2017-11-1663Unopposed MOTION for Extension of Time to File Response/Reply as to 61 Cross MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Campbell, Rhonda) (Entered: 11/16/2017)
2017-11-17MINUTE ORDER granting 63 Defendant's Motion for Extension of Time. Defendant's reply shall be due by December 5, 2017. No further extensions of this deadline will be granted. Signed by Judge Christopher R. Cooper on 11/17/2017. (lccrc2) Modified on 11/17/2017 (zlsj). (Entered: 11/17/2017)
2017-11-21Set/Reset Deadlines: Defendant's Reply due by 12/5/2017. (lsj) (Entered: 11/21/2017)
2017-12-0564REPLY to opposition to motion re 61 Cross MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Campbell, Rhonda) (Entered: 12/05/2017)
2018-01-0465SURREPLY to re 64 Reply to opposition to Motion filed by RYAN BAGWELL. (BAGWELL, RYAN) (Entered: 01/04/2018)
2018-02-07MINUTE ORDER directing the parties to appear for a hearing on their pending cross-motions 57 , 61 for summary judgment on February 21, 2018 at 10:00 AM in Courtroom 27A. Signed by Judge Christopher R. Cooper on 2/7/2018. (lccrc2) (Entered: 02/07/2018)
2018-02-07Set/Reset Hearings: Motion Hearing set for 2/21/2018 at 10:00 AM in Courtroom 27A before Judge Christopher R. Cooper. (lsj) (Entered: 02/07/2018)
2018-02-0866MOTION to Modify Hearing to a telephonic hearing by U.S. DEPARTMENT OF JUSTICE (Campbell, Rhonda) (Entered: 02/08/2018)
2018-02-09NOTICE OF ERROR re 66 Motion to Modify; emailed to rhonda.campbell@usdoj.gov, cc'd 5 associated attorneys -- The PDF file you docketed contained errors: 1. Title on document does not match motion being filed; Please file an errata with a corrected title. (znmw, ) (Entered: 02/09/2018)
2018-02-1167ERRATA Motion to Convert Hearing to Telephonic Hearing by U.S. DEPARTMENT OF JUSTICE 66 MOTION to Modify Hearing to a telephonic hearing filed by U.S. DEPARTMENT OF JUSTICE. (Campbell, Rhonda) (Entered: 02/11/2018)
2018-02-13MINUTE ORDER denying 66 Defendant's Motion to Modify Hearing to a Telephonic Hearing. The Court will deny Defendant's motion. Instead, the Court will vacate the current hearing set for February 21, 2018. The parties are instead directed to appear for a hearing on their pending cross-motions 57 , 61 for summary judgment on February 28, 2018 at 11:00 AM in Courtroom 27A. Signed by Judge Christopher R. Cooper on 2/13/2018. (lccrc2) (Entered: 02/13/2018)
2018-02-13Set/Reset Hearings: Motions Hearing set for 2/28/2018 at 11:00 AM in Courtroom 27A before Judge Christopher R. Cooper. (lsj) (Entered: 02/13/2018)
2018-02-28Minute Entry for Motion Hearing held before Judge Christopher R. Cooper on 2/28/2018. Oral arguments submitted on Plaintiff's Cross Motion 61 for Summary Judgment and Defendant's Motion 57 for Summary Judgment Renewed . Motions taken under advisement; forthcoming Order. Court Reporter Cathryn Jones. (lsj) (Entered: 02/28/2018)
2018-03-05MINUTE ORDER granting 55 Defendant's Sealed Motion for Leave to File Document Under Seal. Signed by Judge Christopher R. Cooper on 3/5/2018. (lccrc2) (Entered: 03/05/2018)
2018-03-0568SEALED DOCUMENT (EXHBITS 3-5) filed by U.S. DEPARTMENT OF JUSTICE. re Order on Sealed Motion for Leave to File Document Under Seal. (This document is SEALED and only available to authorized persons.)(ztd) (Entered: 03/08/2018)
2018-03-1469NOTICE to the Court by U.S. DEPARTMENT OF JUSTICE re Motion Hearing, (Campbell, Rhonda) (Entered: 03/14/2018)
2018-03-2270ORDER granting in part and denying in part 57 Defendant's Motion for Summary Judgment and 61 Plaintiff's Motion for Summary Judgment. For the reasons stated in the accompanying Memorandum Opinion, it is ORDERED that Defendant's Motion for Summary Judgment is granted in part and denied in part and that Plaintiff's Motion for Summary Judgment is granted in part and denied in part. It is further ORDERED that the parties are to meet and confer regarding search terms for a further search of the U.S. Attorney's Office email system by April 5, 2018. If the parties cannot agree on search terms, they shall file proposed search terms by April 12, 2018. See full Order for details. Signed by Judge Christopher R. Cooper on 3/22/2018. (lccrc2) (Entered: 03/22/2018)
2018-03-2271MEMORANDUM OPINION re 70 Order granting in part and denying in part Defendant's Motion for Summary Judgment and Plaintiff's Motion for Summary Judgment. Signed by Judge Christopher R. Cooper on 3/22/2018. (lccrc2) (Entered: 03/22/2018)
2018-03-22Set/Reset Deadlines: Attorney Meet and Confer by 4/5/2018. Tentative proposed search term due by 4/12/2018. (lsj) (Entered: 03/22/2018)
2018-03-23MINUTE ORDER: To aid in the Court's resolution of 58 , 59 the parties' September 5, 2017 joint status reports, the Court directs the defendant to file a status report by March 30, 2018 indicating the status of any production of the set of inadvertently non-produced records addressed in the September 2017 status reports. Signed by Judge Christopher R. Cooper on 3/23/2018. (lccrc2) (Entered: 03/23/2018)
2018-03-3072STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Campbell, Rhonda) (Entered: 03/30/2018)
2018-04-04AMENDED MINUTE ORDER: The parties are to appear for a Telephone Conference set for 4/17/2018 at 2:00 PM in Chambers before Judge Christopher R. Cooper. Signed by Judge Christopher R. Cooper on 4/4/18. (lsj) Modified on 4/4/2018 (zlsj). (Entered: 04/04/2018)
2018-04-1273STATUS REPORT and proposed search terms by RYAN BAGWELL. (BAGWELL, RYAN) (Entered: 04/12/2018)
2018-04-17Minute Entry for Telephone Conference held before Judge Christopher R. Cooper on 4/17/2018. Forthcoming Order. (Court Reporter: Lisa Moreira) (lsj) (Entered: 04/17/2018)
2018-04-17MINUTE ORDER: The parties are directed to file a joint status report by April 23, 2018 that addresses (1) the status of the parties' discussions regarding search terms for the remand email search and (2) a proposal for a rolling production schedule for the inadvertently overlooked records. Signed by Judge Christopher R. Cooper on 4/17/2018. (lccrc2) (Entered: 04/17/2018)
2018-04-18Set/Reset Deadlines: Joint Status Report due by 4/23/2018 (lsj) (Entered: 04/18/2018)
2018-04-2374Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Campbell, Rhonda) (Entered: 04/23/2018)
2018-04-25MINUTE ORDER directing the Clerk's office to seal ECF No. 73 and ECF No. 59. Signed by Judge Christopher R. Cooper on 4/25/2018. (lccrc2) (Entered: 04/25/2018)
2018-04-25MINUTE ORDER: In light of 74 the parties' April 23, 2018 joint status report and the parties' previous status reports, the further search and production in this case shall proceed as follows. First, with respect to the remand email search, the parties have agreed to an additional search of the emails for the following terms: Second Mile, Mustokoff, Baldwin, Raykovitz, Genovese, and Courtney. See ECF No. 74, at 2. While Plaintiff requests that Defendant conduct further searches with additional terms, the Court concludes that no further terms are needed than those the Defendant has agreed to use. In light of the expanded searches that Defendant has agreed to conduct, including the search it has already conducted using the terms "Penn State" and "PSU," the Court's concerns at summary judgment have been addressed. Ultimately, Defendant's search need only be reasonably calculated to find responsive documents, not guaranteed to find every single responsive document. See, e.g., SafeCard Servs., Inc. v. SEC, 926 F.2d 1197, 1201 (D.C. Cir. 1991) (an agency need only show that its search "was reasonably calculated to discover the requested documents, not whether it actually uncovered every document"). The Court finds that together the search terms already used and those Defendant has agreed to use result in a sufficiently broad search that is reasonably calculated to find the requested documents. Defendant shall complete its remand searches of the emails using the agreed-upon search terms by May 25, 2018. The parties shall file a joint status report proposing a schedule for any production from the remand email search by June 1, 2018. Second, with respect to Defendant's concerns regarding victims' identities, the Court has sealed ECF Nos. 73 and 59. The parties are directed to file public versions of these documents with the necessary redactions. The parties should notify the Court of any additional documents that need to be similarly treated. Third, with respect to the inadvertently overlooked documents, the following production schedule shall apply: Defendant shall produce all responsive, non-exempt records by April 25, 2019. It shall make rolling productions to Plaintiff every 60 days, beginning June 25, 2018, and shall place the first priority for its review and productions on the first three categories of documents listed numerically on page 7 of 74 the parties' April 23, 2018 status report. The parties shall file joint status reports every 60 days updating the Court on the status of production, with the first such report due by July 25, 2018. Signed by Judge Christopher R. Cooper on 4/25/2018. (lccrc2) (Entered: 04/25/2018)
2018-04-25Set/Reset Deadlines: Status Report due by 7/25/2018 (lsj) (Entered: 04/25/2018)
2018-05-0275NOTICE to the Court by U.S. DEPARTMENT OF JUSTICE re Order,,,,,,,,,,, (Attachments: # 1 Exhibit ECF No. 59 (Redacted), # 2 Exhibit ECF No. 73 (Redacted))(Campbell, Rhonda) (Entered: 05/02/2018)
2018-06-0176Joint STATUS REPORT by RYAN BAGWELL. (BAGWELL, RYAN) (Entered: 06/01/2018)
2018-06-15MINUTE ORDER: Defendants are directed to clarify by June 19, 2018 whether their reference to "April 2021" on page one of 76 the parties' June 1, 2018 joint status report is correct or whether the date was intended to be "April 2019," when the production of the "inadvertently overlooked" documents is to be completed pursuant to the Court's April 25, 2018 Minute Order. Signed by Judge Christopher R. Cooper on 6/15/2018. (lccrc2) (Entered: 06/15/2018)
2018-06-2677MOTION for Briefing Schedule by RYAN BAGWELL (Attachments: # 1 Exhibit A)(BAGWELL, RYAN) (Entered: 06/26/2018)
2018-07-0378NOTICE to the Court by U.S. DEPARTMENT OF JUSTICE re Order, (Campbell, Rhonda) (Entered: 07/03/2018)
2018-07-09MINUTE ORDER: The parties are to appear for a status conference at 11:30 a.m. on July 16, 2018 in Courtroom 27A. Signed by Judge Christopher R. Cooper on 7/9/2018. (lccrc2) (Entered: 07/09/2018)
2018-07-09Set/Reset Hearings: Status Conference set for 7/16/2018 at 11:30 AM in Courtroom 27A before Judge Christopher R. Cooper. (lsj) (Entered: 07/09/2018)
2018-07-16Minute Entry for Status Conference held before Judge Christopher R. Cooper on 7/16/2018. Forthcoming Order. (Court Reporter: Lisa Moreira) (lsj) (Entered: 07/16/2018)
2018-07-16MINUTE ORDER: As stated in the Court's April 25, 2018 Minute Order, Defendant is to finish production of the inadvertently overlooked documents by April 25, 2019. Once Defendant has finished production of the inadvertently overlooked documents, it shall begin production of the remand search documents. Defendant shall make rolling productions of the remand search documents to Plaintiff every 60 days, beginning June 26, 2019. The parties shall continue to file joint status reports every 60 days updating the Court on the status of production. Defendant shall finish production of the remand search documents by April 26, 2020. The Court denies 77 Plaintiff's motion for a briefing schedule and will hold off on summary judgment briefing until all remaining production is complete. Signed by Judge Christopher R. Cooper on 7/16/2018. (lccrc2) (Entered: 07/16/2018)
2018-07-17Set/Reset Deadlines: Production of inadvertent overlooked documents due by 4/25/2019. Initial Disclosure of rolling production of remand search documents due by 6/26/2019. Conclusion of production of remand search documents due by 4/26/2020. (lsj) (Entered: 07/17/2018)
2018-07-2579Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Campbell, Rhonda) (Entered: 07/25/2018)
2018-09-2580Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Campbell, Rhonda) (Entered: 09/25/2018)
2018-11-2381Joint MOTION for Extension of Time to file the Joint Status Report by U.S. DEPARTMENT OF JUSTICE (Campbell, Rhonda) (Entered: 11/23/2018)
2018-11-2982Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Campbell, Rhonda) (Entered: 11/29/2018)
2018-11-29MINUTE ORDER granting 81 Motion for Extension of Time to File Joint Status Report. The parties shall file their joint status report on November 29, 2018. Signed by Judge Christopher R. Cooper on 11/29/2018. (lccrc1) (Entered: 11/29/2018)
2018-11-29Set/Reset Deadlines: Joint Status Report due by 11/29/2018 (lsj) (Entered: 11/29/2018)
2018-12-2183Unopposed MOTION for Extension of Time to by U.S. DEPARTMENT OF JUSTICE (Campbell, Rhonda) (Entered: 12/21/2018)
2018-12-24MINUTE ORDER granting 83 Motion for Extension of Time. Defendant shall provide its next response to Plaintiff by January 25, 2019, and the parties shall file their next joint status report by January 26, 2019. Signed by Judge Christopher R. Cooper on 12/24/2018. (lccrc1) (Entered: 12/24/2018)
2018-12-26Set/Reset Deadlines: Joint Status Report due by 1/26/2019 (lsj) (Entered: 12/26/2018)
2019-01-2284Consent MOTION to Stay , MOTION for Extension of Time to in Light of Lapse of Appropriations by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Hudak, Brian) (Entered: 01/22/2019)
2019-01-23MINUTE ORDER granting 84 Motion to Stay. All deadlines are hereby stayed. Defendant shall notify the Court when necessary appropriations are renewed. Signed by Judge Christopher R. Cooper on 1/23/2019. (lccrc1) (Entered: 01/23/2019)
2019-01-3085NOTICE of Restored Funding by U.S. DEPARTMENT OF JUSTICE (Campbell, Rhonda) (Entered: 01/30/2019)
2019-02-01MINUTE ORDER: In light of the restoration of appropriations, the stay in this case is lifted. The parties shall provide a joint status report on or before February 8, 2019, which shall include a proposed schedule for future proceedings. Signed by Judge Christopher R. Cooper on 2/1/2019. (lccrc1) (Entered: 02/01/2019)
2019-02-01Set/Reset Deadlines: Joint Status Report due by 2/8/2019 (lsj) (Entered: 02/01/2019)
2019-02-0786Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Campbell, Rhonda) (Entered: 02/07/2019)
2019-04-2587Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Campbell, Rhonda) (Entered: 04/25/2019)
2019-04-2588ERRATA Declaration by U.S. DEPARTMENT OF JUSTICE 87 Status Report filed by U.S. DEPARTMENT OF JUSTICE. (Campbell, Rhonda) (Entered: 04/25/2019)
2019-04-29MINUTE ORDER: Upon consideration of the 87 Joint Status Report, the parties are hereby ORDERED to appear for a status conference on Friday, May 24, 2019 at 11:00 AM in Courtroom 27A before Judge Christopher R. Cooper. Signed by Judge Christopher R. Cooper on 4/29/2019. (lccrc1) (Entered: 04/29/2019)
2019-04-2989NOTICE to the Court by U.S. DEPARTMENT OF JUSTICE re Order, (Campbell, Rhonda) (Entered: 04/29/2019)
2019-04-30Set/Reset Hearings: Status Conference set for 5/24/2019 at 11:00 AM in Courtroom 27A before Judge Christopher R. Cooper. (lsj) (Entered: 04/30/2019)
2019-05-01MINUTE ORDER: Upon consideration of 89 Notice to the Court regarding a scheduling conflict, the status conference scheduled for May 24, 2019 at 11:00 AM is reset for May 24, 2019 at 12:00 PM in Courtroom 27A. Signed by Judge Christopher R. Cooper on 5/1/2019. (lccrc1) (Entered: 05/01/2019)
2019-05-01Set/Reset Hearings: Status Conference reset for 5/24/2019 at 12:00 PM in Courtroom 27A before Judge Christopher R. Cooper. (lsj) (Entered: 05/01/2019)
2019-05-0990Unopposed MOTION to Modify Hearing Date by U.S. DEPARTMENT OF JUSTICE (Campbell, Rhonda) (Entered: 05/09/2019)
2019-05-13MINUTE ORDER granting 90 Motion to Modify. Upon consideration of that motion regarding a scheduling conflict, the status conference scheduled for May 24, 2019 at 12:00 PM is reset for June 13, 2019 at 11:00 AM in Courtroom 27A. Signed by Judge Christopher R. Cooper on 5/13/2019. (lccrc1) (Entered: 05/13/2019)
2019-05-13Set/Reset Hearings: Status Conference set for 6/13/2019 at 11:00 AM in Courtroom 27A before Judge Christopher R. Cooper. (lsj) (Entered: 05/13/2019)
2019-06-0191Supplemental STATUS REPORT by RYAN BAGWELL. (Attachments: # 1 Exhibit A (EOUSA release letters))(BAGWELL, RYAN) (Entered: 06/01/2019)
2019-06-1192MOTION for Leave to Appear by Telephone - REQUEST TO PARTICIPATE BY TELEPHONE by RYAN BAGWELL (BAGWELL, RYAN) . Modified event title on 6/13/2019. (znmw) (Entered: 06/11/2019)
2019-06-11MINUTE ORDER denying Plaintiff Bagwell's request to participate in the Court's June 13, 2019 Status Conference by telephone. Signed by Judge Christopher R. Cooper on 6/11/2019. (lccrc1) (Entered: 06/11/2019)
2019-06-11MINUTE ORDER: The government is advised that knowledgeable agency counsel shall also attend, in person, the Court's June 13, 2019 Status Conference. Signed by Judge Christopher R. Cooper on 6/11/2019. (lccrc1) (Entered: 06/11/2019)
2019-06-1293NOTICE to the Court by U.S. DEPARTMENT OF JUSTICE re Order on Motion to Modify, (Attachments: # 1 Declaration)(Campbell, Rhonda) (Entered: 06/12/2019)
2019-06-13Minute Entry for Status Conference held before Judge Christopher R. Cooper on 6/13/2019. The parties are directed to meet and confer in efforts to further narrow search terms. (Court Reporter: Lisa Moreira) (lsj) (Entered: 06/13/2019)
2019-09-24MINUTE ORDER: At the June 13, 2019 status conference, the Court directed the parties to meet and confer in a good faith effort to narrow the number of the "inadvertently overlooked" records that require processing and to file a status report within one week summarizing the outcome of that meeting to enable the Court to enter a revised production order. The parties have filed nothing. The Court therefore ORDERS the parties to file the previously-ordered report, along with a proposed revised production schedule, on or before October 1, 2019. Further disregard of the Court's orders may result in the imposition of sanctions. So Ordered. Signed by Judge Christopher R. Cooper on 9/24/19. (lccrc1) (Entered: 09/24/2019)
2019-09-24Set/Reset Deadlines: Status Report due by 10/1/2019 (lsj) (Entered: 09/24/2019)
2019-10-0194Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Campbell, Rhonda) (Entered: 10/01/2019)
2019-10-1795ORDER: Upon consideration of the 94 Joint Status Report, it is hereby ORDERED that Defendant shall process at least 2,000 pages of the "inadvertently overlooked" documents per month and make rolling productions to Plaintiff every 45 days, beginning December 2, 2019. It is further ORDERED that the Government shall file joint status reports within five days of each interim production. It is further ORDERED that Defendant shall complete production of the inadvertently overlooked documents by April 20, 2020. It is further ORDERED that once Defendant has finished production of the inadvertently overlooked documents, the parties shall file a joint proposed production schedule for the remand search documents. See full Order for details. Signed by Judge Christopher R. Cooper on 10/17/19. (lccrc1) Modified on 10/17/2019 (lccrc1). (Entered: 10/17/2019)
2019-12-0596Joint STATUS REPORT by RYAN BAGWELL. (BAGWELL, RYAN) (Entered: 12/05/2019)
2020-01-09MINUTE ORDER: The parties are hereby ORDERED to file a joint proposed production schedule for the remand search documents--which the Court had expected to receive on January 4, 2020--by January 16, 2020. Signed by Judge Christopher R. Cooper on 1/9/20. (lccrc1) (Entered: 01/09/2020)
2020-01-10Set/Reset Deadlines: Proposed Production Schedule due by 1/16/2020 (lsj) (Entered: 01/10/2020)
2020-01-1697Joint STATUS REPORT by RYAN BAGWELL. (BAGWELL, RYAN) (Entered: 01/16/2020)
2020-01-21MINUTE ORDER: The parties are directed to appear for a telephonic conference on February 5, 2020 at 2:00 PM. Signed by Judge Christopher R. Cooper on 1/21/2020. (lccrc1) (Entered: 01/21/2020)
2020-01-2198STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Campbell, Rhonda) (Entered: 01/21/2020)
2020-01-23Set/Reset Hearings: Telephone Conference set for 2/5/2020 at 2:00 PM before Judge Christopher R. Cooper. (lsj) (Entered: 01/23/2020)
2020-02-05Minute Entry for Telephone Conference held before Judge Christopher R. Cooper on 2/5/2020. Further Telephone Conference set for 2/19/2019 at 2:00 PM before Judge Christopher R. Cooper. Agency Counsel for the Defendant is hereby directed to be present for the conference. (Court Reporter: Lisa Moreira) (zlsj) (Entered: 02/05/2020)
2020-02-05Set/Reset Hearings: Telephone Conference set for 2/19/2020 at 02:00 PM in Chambers before Judge Christopher R. Cooper. (nbn) (Entered: 02/06/2020)
2020-02-19Minute Entry for Telephone Conference held before Judge Christopher R. Cooper on 2/19/2020. Forthcoming Order. (Court Reporter: Lisa Moreira) (lsj) (Entered: 02/19/2020)
2020-02-19MINUTE ORDER: As discussed at today's telephonic status conference, the parties, including Agency Counsel, are hereby ORDERED to meet and confer in a good faith effort to narrow the number of "remand records" that require processing. These discussions should include the potential elimination of search terms that are causing the return of irrelevant documents, samples of which the government is directed to share with the plaintiff; the inclusion of "negative" search terms that would eliminate irrelevant documents (such as the documents regarding terrorism and hate-crimes offered as examples during the status conference); and the potential elimination of e-mail attachments, particularly large attachments and those that recur frequently. Counsel are encouraged to investigate and propose other ways to reduce the number of documents requiring processing consistent with plaintiff's right to responsive materials. The parties are ORDERED to file a status report by March 20, 2020, summarizing the outcome of these discussions. Signed by Judge Christopher R. Cooper on 2/19/2020. (lccrc1) (Entered: 02/19/2020)
2020-02-20Set/Reset Deadlines: Status Report due by 3/20/2020 (lsj) (Entered: 02/20/2020)
2020-03-2099Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Campbell, Rhonda) (Entered: 03/20/2020)
2020-03-26MINUTE ORDER: The parties are ordered to file a further joint status report by April 3, 2020, indicating whether Plaintiff agrees to the use of the narrowing search terms proposed by the Government and to the exclusion of e-mail attachments. It is further ordered that the joint status report shall include a proposed production schedule for the remand records. Signed by Judge Christopher R. Cooper on 3/26/2020. (lccrc1) (Entered: 03/26/2020)
2020-03-27Set/Reset Deadlines: Joint Status Report due by 4/3/2020 (lsj) (Entered: 03/27/2020)
2020-04-03100Joint STATUS REPORT by RYAN BAGWELL. (BAGWELL, RYAN) (Entered: 04/03/2020)
2020-04-06MINUTE ORDER: Upon consideration of the parties' 100 Joint Status Report,it is hereby ORDERED that the Government shall complete production of the remaining "remand records" by October 7, 2020. It is further ORDERED that the parties shall file a further Joint Status Report by October 14, 2020. Signed by Judge Christopher R. Cooper on 4/6/20. (lccrc1) (Entered: 04/06/2020)
2020-04-07Set/Reset Deadlines: Joint Status Report due by 10/14/2020 (lsj) (Entered: 04/07/2020)
2020-04-16101NOTICE OF SUBSTITUTION OF COUNSEL by Johnny Hillary Walker, III on behalf of U.S. DEPARTMENT OF JUSTICE Substituting for attorney Rhonda Campbell (Walker, Johnny) (Entered: 04/16/2020)
2020-09-17102NOTICE OF SUBSTITUTION OF COUNSEL by Brenda A Gonzalez on behalf of U.S. DEPARTMENT OF JUSTICE Substituting for attorney Johnny H. Walker (Gonzalez, Brenda) (Entered: 09/17/2020)
2020-10-01103Unopposed MOTION for Extension of Time to Finish Production of Remaining Records and for the Parties' Joint Status Report by U.S. DEPARTMENT OF JUSTICE (Gonzalez Horowitz, Brenda) (Entered: 10/01/2020)
2020-10-05MINUTE ORDER granting 103 Motion for Extension of Time. It is hereby ORDERED that the Defendant shall finish its production of the remaining remand records on or before October 21, 2020, and the parties shall file a joint status report on or before October 28, 2020. Signed by Judge Christopher R. Cooper on 10/5/2020. (lccrc1) (Entered: 10/05/2020)
2020-10-06Set/Reset Deadlines: Joint Status Report due by 10/28/2020 (lsj) (Entered: 10/06/2020)
2020-10-28104Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gonzalez-Horowitz, Brenda) (Entered: 10/28/2020)
2020-11-02MINUTE ORDER: In light of the parties' 104 Joint Status Report, the parties shall file a further Joint Status Report by November 30, 2020. Signed by Judge Christopher R. Cooper on 11/2/2020. (lccrc1) (Entered: 11/02/2020)
2020-11-02Set/Reset Deadlines: Joint Status Report due by 11/30/2020 (lsj) (Entered: 11/02/2020)
2020-11-24105Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gonzalez-Horowitz, Brenda) (Entered: 11/24/2020)
2020-11-25MINUTE ORDER: In light of the parties' 105 Joint Status Report, the parties shall file a further Joint Status Report by January 8, 2021. Signed by Judge Christopher R. Cooper on 11/25/2020. (lccrc1) (Entered: 11/25/2020)
2021-01-08106Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gonzalez-Horowitz, Brenda) (Entered: 01/08/2021)
2021-01-13MINUTE ORDER: In light of the 106 Joint Status Report, the parties shall file a further status report by February 1, 2021, describing what issues, if any, remain for the Court's resolution. Should there be remaining issues, the February 1, 2021, status report shall include a proposed briefing schedule. Signed by Judge Christopher R. Cooper on 1/13/2021. (lccrc1) (Entered: 01/13/2021)
2021-01-13Set/Reset Deadlines: Status Report due by 2/1/2021 (lsj) (Entered: 01/13/2021)
2021-02-01107Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gonzalez-Horowitz, Brenda) (Entered: 02/01/2021)
2021-02-04MINUTE ORDER: In light of the 107 Joint Status Report, the following schedule shall govern further proceedings in this case: Defendant shall file its motion for summary judgment and Vaughn index by April 5, 2021; Plaintiff shall file his opposition/cross-motion by May 7, 2021; Defendant shall file its reply/opposition by May 28, 2021; and Plaintiff shall file his reply by June 11, 2021. Should Plaintiff require additional time to consider the Vaughn index, he may for good cause move for a reasonable extension of time to file his cross-motion and opposition. Signed by Judge Christopher R. Cooper on 2/4/2021. (lccrc1) (Entered: 02/04/2021)
2021-02-04Set/Reset Deadlines: Summary Judgment motions and Vaughn Index due by 4/5/2021. Response to Motion for Summary Judgment due by 5/7/2021. Reply to Motion for Summary Judgment due by 5/28/2021. Replies due by 6/11/2021. (lsj) (Entered: 02/04/2021)
2021-04-01108Unopposed MOTION for Extension of Time to File Summary Judgment and Extend the Briefing Schedule by U.S. DEPARTMENT OF JUSTICE. (Gonzalez-Horowitz, Brenda) (Entered: 04/01/2021)
2021-04-02MINUTE ORDER granting 108 Motion for Extension of Time. The following deadlines shall govern the parties' summary judgment briefing schedule: Defendant's brief due by April 12, 2021; Plaintiff's opposition and cross-motion due by May 14, 2021; Defendant's reply and opposition due by June 4, 2021; Plaintiff's reply due by June 18, 2021. Signed by Judge Christopher R. Cooper on 4/2/2021. (lccrc1) (Entered: 04/02/2021)
2021-04-06Set/Reset Deadlines: Defendant's Brief due by 4/12/2121. Response to Motion for Summary Judgment due by 5/14/2021. Reply to Motion for Summary Judgment due by 6/4/2021. Replies due by 6/18/2021. (lsj) (Entered: 04/06/2021)
2021-04-12109MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Natasha Hudgins, # 4 Exhibit Response Letters, # 5 Exhibit Vaughn Index, # 6 Text of Proposed Order)(Gonzalez-Horowitz, Brenda) (Entered: 04/12/2021)
2021-04-16110Order advising plaintiff to respond by May 14, 2021, or the Court may deem matter as conceded. See full Order for details. Signed by Judge Christopher R. Cooper on 4/16/2021. (lccrc1) (Entered: 04/16/2021)
2021-05-12111Unopposed MOTION for Extension of Time to File Response/Reply as to 109 MOTION for Summary Judgment by RYAN BAGWELL. (BAGWELL, RYAN) (Entered: 05/12/2021)
2021-05-20MINUTE ORDER granting 111 Motion for Extension of Time. The following deadlines shall govern further proceedings in this case: Plaintiff's opposition and any cross-motion due by June 14, 2021; The government's reply due by July 6, 2021; Plaintiff's reply due by July 20, 2021. Signed by Judge Christopher R. Cooper on 5/20/2021. (lccrc1) (Entered: 05/20/2021)
2021-05-21Set/Reset Deadlines: Plaintiff's Reply due by 7/20/2021. (mac) (Entered: 05/21/2021)
2021-06-14112Unopposed MOTION for Extension of Time to File Response/Reply to Defendant's Motion for Summary Judgment by RYAN BAGWELL. (BAGWELL, RYAN) (Entered: 06/14/2021)
2021-06-15MINUTE ORDER granting 112 Motion for Extension of Time. It is hereby ORDERED that the following deadlines will govern further briefing in this case: Plaintiff shall file his opposition and any cross motion by June 21, 2021; Defendant shall file its response by July 13, 2021; Plaintiff shall file his reply, if any, by July 27, 2021. Signed by Judge Christopher R. Cooper on 6/15/2021. (lccrc1) (Entered: 06/15/2021)
2021-06-21113Partial MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment by RYAN BAGWELL. (BAGWELL, RYAN) (Entered: 06/21/2021)
2021-06-21114Memorandum in opposition to re 109 MOTION for Summary Judgment and in support for Plaintiff's cross-motion (ECF No. 113) filed by RYAN BAGWELL. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(BAGWELL, RYAN) (Attachment 1 replaced on 6/22/2021) (rj). Modified on 6/22/2021 to flatten pdf (rj). (Entered: 06/21/2021)
2021-07-08115Unopposed MOTION for Extension of Time to File Defendant's Reply in Support of Summary Judgment by U.S. DEPARTMENT OF JUSTICE. (Gonzalez-Horowitz, Brenda) Modified event on 7/13/2021 (ztd). (Entered: 07/08/2021)
2021-07-14MINUTE ORDER granting 115 Motion for Extension of Time. It is hereby ORDERED that defendant shall file its reply and opposition by August 3, 2021, and plaintiff shall file his reply by August 24, 2021. No further extensions of these deadlines will be granted. Signed by Judge Christopher R. Cooper on 7/14/2021. (lccrc1) Modified on 7/14/2021 (lsj). (Entered: 07/14/2021)
2021-08-03116REPLY to opposition to motion re 109 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Supplemental Declaration of Natasha Hudgins, # 2 Supplemental Vaughn Index)(Gonzalez-Horowitz, Brenda) (Entered: 08/03/2021)
2021-08-03117Memorandum in opposition to re 113 Partial MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Supplemental Declaration of Natasha Hudgins, # 2 Supplemental Vaughn Index)(Gonzalez-Horowitz, Brenda) (Entered: 08/03/2021)
2021-08-24118REPLY to Opposition to re 113 Partial Motion for Summary Judgment filed by RYAN BAGWELL. (Attachments: # 1 Statement of Facts)(BAGWELL, RYAN) Modified text and linkage on 8/25/2021 (ztd). (Entered: 08/24/2021)
2021-11-23119MINUTE ORDER: The parties are directed to appear for a hearing on the 109 and 113 motions for summary judgment set for 1/18/2022 at 10:00 AM by VTC before Judge Christopher R. Cooper. Video connection information will be emailed to the parties. Signed by Judge Christopher R. Cooper on 11/23/2021. (lccrc2) (Entered: 11/23/2021)
2021-11-23Set/Reset Hearings: Motion Hearing set for 1/18/2022 at 10:00 AM via teleconference before Judge Christopher R. Cooper. (zacr) (Entered: 11/24/2021)
2021-12-25120NOTICE OF SUBSTITUTION OF COUNSEL by Bradley Silverman on behalf of U.S. DEPARTMENT OF JUSTICE Substituting for attorney Brenda A. Gonzalez-Horowitz (Silverman, Bradley) (Entered: 12/25/2021)
2022-01-18Minute Entry for video Motion Hearing held before Judge Christopher R. Cooper on 1/18/2022. Oral arguments submitted on Defendant's Motion 109 for Summary Judgment and Plaintiff's Partial Motion 113 for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment. Motions taken under advisement; forthcoming Order (Court Reporter: Lisa Moreira) (lsj) (Entered: 01/18/2022)
2022-03-01121ORDER granting in part and denying in part 109 Defendant's Motion for Summary Judgment; denying 113 Plaintiff's Cross-Motion for Partial Summary Judgment. See full Order and accompanying Memorandum Opinion for details. Signed by Judge Christopher R. Cooper on 3/1/2022. (lccrc2) (Entered: 03/01/2022)
2022-03-01122MEMORANDUM OPINION re 121 ORDER granting in part and denying in part 109 Defendant's Motion for Summary Judgment; denying 113 Plaintiff's Cross-Motion for Partial Summary Judgment. Signed by Judge Christopher R. Cooper on 3/1/2022. (lccrc2) (Entered: 03/01/2022)
2022-03-15123Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Silverman, Bradley) (Entered: 03/15/2022)
2022-03-16MINUTE ORDER: In light of 123 the parties' joint status report, the parties shall file a further joint status report by March 30, 2022, if a stipulation of dismissal has not been filed by then. Signed by Judge Christopher R. Cooper on 3/16/2022. (lccrc2) (Entered: 03/16/2022)
2022-03-27124Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Silverman, Bradley) (Entered: 03/27/2022)
2022-03-28MINUTE ORDER: In light of 124 the latest joint status report, the parties shall file a further joint status report by April 30, 2022, if a stipulation of dismissal has not been filed by then. Signed by Judge Christopher R. Cooper on 3/28/2022. (lccrc2) (Entered: 03/28/2022)
2022-04-29125STIPULATION of Dismissal by U.S. DEPARTMENT OF JUSTICE. (Silverman, Bradley) (Entered: 04/29/2022)
2022-05-02MINUTE ORDER: In light of the 125 Stipulation of Dismissal, this case is hereby dismissed with prejudice. Signed by Judge Christopher R. Cooper on 5/2/2022. (lccrc2) (Entered: 05/02/2022)
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