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Case TitleWELENC v. FEDERAL BUREAU OF INVESTIGATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv00766
Date Filed2017-04-26
Date Closed2019-07-08
JudgeJudge Reggie B. Walton
PlaintiffLARRY WELENC
Case DescriptionLarry Welenc submitted a FOIA request to the FBI for records from the FBI's Las Vegas office on Nancy Shuster. The agency disclosed 214 of 279 records. Welenc argued that many of the records were about himself, rather than Shuster. He then filed suit, asking the court to consolidate the case with an earlier Privacy Act action he had filed in 2008.
Complaint issues: Litigation - Jurisdiction - Failure to State a Claim

DefendantDEPARTMENT OF JUSTICE
DefendantFEDERAL BUREAU OF INVESTIGATION
AppealD.C. Circuit 18-5293
AppealD.C. Circuit 20-5025
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [74]
FOIA Project Annotation: Judge Reggie Walton has ruled that the FBI conducted an adequate search for records pertaining to Larry Welenc even though there was originally some concern that the agency had responded to the wrong request. Welenc requested records from the FBI's Las Vegas office pertaining to Nancy Schuster and Special Agent Brescia, including the second page of a letter to Brescia. The agency denied the request as to the missing letter, claiming its Central Records System was not set up to retrieve specific documents. Welenc then requested records about himself with reference to Brescia, Schuster, and Special Agent Nina Roseberry. The agency located 279 records pertaining to a 1998 FOIA request and subsequent suit filed by Welenc. The agency disclosed 186 pages in full, and 42 pages in part, citing Exemption 5 (privileges) and Exemption 6 (invasion of privacy). It also withheld 40 pages as duplicates. Welenc filed an administrative appeal. The Office of Information Policy upheld the FBI's processing of the request and told Welenc that additional pages had been referred to EOUSA and the Criminal Division for direct response to Welenc. Welenc argued that the agency's search was inadequate because it had processed the wrong request. However, after reviewing the record, Walton agreed with the FBI that it had processed Welenc's request for records about himself in relation to the named FBI employees in the Las Vegas office and that it had located and processed records responsive to his request. Welenc argued that Exemption 5 did not apply because no legal privileges were involved, and the records would provide exculpatory information about his criminal convictions. But Walton noted that "even if information in the withheld records exonerates the plaintiff as he speculates it would, the FBI need not disclose it if a FOIA exemption applies. A FOIA action is not a criminal case, and a FOIA requester has no constitutionally protected right to exculpatory evidence as would a criminal defendant." Walton found that names and identifying information were protected by Exemption 6. Welenc argued that the agency had failed to consider the segregability of the heavily redacted records. Walton observed that "he does not argue or point to evidence in the record to rebut the 'presumption that [the FBI] complied with the obligation to disclose reasonably segregable material.'"
Issues: Search - Reasonableness of search
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-04-261COMPLAINT against DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION filed by LARRY WELENC. (Attachments: # 1 Civil Cover Sheet)(td) (Entered: 04/28/2017)
2017-04-262MOTION for Leave to Proceed in forma pauperis by LARRY WELENC (td) (Entered: 04/28/2017)
2017-04-26FIAT ORDER granting 2 Motion for Leave to Proceed in forma pauperis "Leave to file without prepayment of costs GRANTED" by Judge James E. Boasberg. (See docket entry no. 2 to view.) (td) (Entered: 04/28/2017)
2017-04-263NOTICE OF RELATED CASE by LARRY WELENC. Case related to Case No. 08-2249 RBW. (td) (Entered: 04/28/2017)
2017-05-164SUMMONS (4) Issued as to DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION, U.S. Attorney and U.S. Attorney General (jd) (Entered: 05/20/2017)
2017-05-245RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/22/2017. ( Answer due for ALL FEDERAL DEFENDANTS by 6/21/2017.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF JUSTICE served on 5/22/17, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/18/17. (td) (Entered: 05/26/2017)
2017-05-266RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/24/17., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF JUSTICE served on 5/24/2017 (td) (Entered: 05/31/2017)
2017-06-027RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/2/17. Answer due for ALL FEDERAL DEFENDANTS by 7/2/2017. (td) (Entered: 06/05/2017)
2017-06-128RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 6/12/2017 (td) (Entered: 06/15/2017)
2017-06-169First MOTION for Extension of Time to File Defendants' Answer or Other Response to Plaintiff's Complaint by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Adebonojo, Kenneth) (Entered: 06/16/2017)
2017-06-22MINUTE ORDER: Defendant's 9 Motion for Extension of Time is granted, and its Answer or other response to the Complaint is due by July 18, 2017. Signed by Judge Reggie B. Walton on 6/22/17. (ms) (Entered: 06/22/2017)
2017-06-22Set/Reset Deadlines: Answer due by 7/18/2017, (gdf) (Entered: 06/22/2017)
2017-06-2910Memorandum in opposition to re 9 First MOTION for Extension of Time to File Defendants' Answer or Other Response to Plaintiff's Complaint filed by LARRY WELENC. (td) (Entered: 06/30/2017)
2017-07-1811MOTION for Extension of Time to File Defendants' Answer or Other Response to Plaintiff's Complaint by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Adebonojo, Kenneth) (Entered: 07/18/2017)
2017-07-2412Memorandum in opposition to re 11 MOTION for Extension of Time to File Defendants' Answer or Other Response to Plaintiff's Complaint filed by LARRY WELENC. (ztd) (Entered: 07/26/2017)
2017-07-2413MOTION for CM/ECF Password by LARRY WELENC; (See docket entry no. 12 to view document.) (td) (Entered: 07/26/2017)
2017-07-27MINUTE ORDER: On consideration of the defendants' motion and the plaintiff's opposition, it is hereby ORDERED that the defendants' 11 motion for an extension of time, to July 28, 2017, is GRANTED. It is FURTHER ORDERED that the plaintiff's motion for permission to file documents electronically 13 is DENIED WITHOUT PREJUDICE to refiling in accordance with Local Civil Rule 5.4. Signed by Judge Reggie B. Walton on 7/27/17. (ms) (Entered: 07/27/2017)
2017-07-2814MOTION to Dismiss by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Memorandum in Support)(Adebonojo, Kenneth) (Entered: 07/28/2017)
2017-08-0416MOTION for CM/ECF Password by LARRY WELENC (td) (Entered: 08/08/2017)
2017-08-0715Order advising plaintiff to respond by 9/5/2017 to the 14 MOTION to Dismiss filed by DEPARTMENT OF JUSTICE and FEDERAL BUREAU OF INVESTIGATION. Signed by Judge Reggie B. Walton on 8/7/17. (ms) (Entered: 08/07/2017)
2017-08-1417MOTION to Compel Defendant to Provide a Copy of their Motion to Dismiss, MOTION for Extension of Time to File Response/Reply as to 14 MOTION to Dismiss by LARRY WELENC (td) (Entered: 08/16/2017)
2017-08-1618RESPONSE to Defendant's re 14 MOTION to Dismiss filed by LARRY WELENC. (td) (Entered: 08/17/2017)
2017-08-1619MOTION for Order to Have Defendant Found in Violation of 18 U.S.C. 1623 by Perjured Declaration by LARRY WELENC; (See docket entry no. 18 to view document.) (td) (Entered: 08/17/2017)
2017-08-1820ORDER granting 16 the plaintiff's Motion for CM/ECF Password. Signed by Judge Reggie B. Walton on 8/18/17. (ms) (Entered: 08/18/2017)
2017-08-18MINUTE ORDER: Although the plaintiff did not receive the copy of the defendant's motion served by mail, the plaintiff represents that he has received a copy from defendant's counsel by email. Review of the Court's electronic docket reveals that the Clerk of Court filed the plaintiff' opposition [ECF No. 18] to the defendant's motion on August 16, 2017. It is hereby ORDERED that the Plaintiff's Motion to Compel Defendant to Provide a Copy of [its] Motion to Dismiss and his Motion for Enlargement of Time to Respond 17 17 are DENIED as moot. It is further ORDERED that the plaintiff's Motion to have Defendant Found in Violation of 18 U.S. Code § 1623 by Perjured Declaration 19 is DENIED. Signed by Judge Reggie B. Walton on 8/18/17. (ms) (Entered: 08/18/2017)
2017-08-2521First MOTION for Extension of Time to File a Reply to Plaintiff's Opposition to Defendants' Motion to Dismiss by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Adebonojo, Kenneth) (Entered: 08/25/2017)
2017-09-0522Memorandum in opposition to re 21 First MOTION for Extension of Time to File a Reply to Plaintiff's Opposition to Defendants' Motion to Dismiss filed by LARRY WELENC. (jf) (Entered: 09/07/2017)
2017-09-0523REQUEST for Oral Argument filed by Plaintiff (jf) (Entered: 09/07/2017)
2017-09-0827MOTION for Oral Argument by LARRY WELENC; "Leave to file GRANTED" by Judge Reggie B. Walton (td) (Entered: 09/15/2017)
2017-09-11MINUTE ORDER: On consideration of the defendant's motion and the plaintiff's opposition, it is hereby ORDERED that the defendant's 21 Motion for Extension of Time is granted. Its Reply is due by September 12, 2017. Signed by Judge Reggie B. Walton on 9/11/17. (ms) (Entered: 09/11/2017)
2017-09-11Set/Reset Deadlines: Reply due by 9/12/2017. (gdf) (Entered: 09/11/2017)
2017-09-1324MOTION for Extension of Time to File a Reply to Plaintiff's Opposition to Defendants' Motion to Dismiss (nunc pro tunc) by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Adebonojo, Kenneth) (Entered: 09/13/2017)
2017-09-1325REPLY to opposition to motion re 14 MOTION to Dismiss filed by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Adebonojo, Kenneth) (Entered: 09/13/2017)
2017-09-1526MOTION to Permit by LARRY WELENC (WELENC, LARRY). Added MOTION to Strike on 9/18/2017 (znmw). Modified event title on 9/18/2017 (znmw). (Entered: 09/15/2017)
2017-09-19MINUTE ORDER: The defendant's Motion to Enlarge Time to File a Reply to Plaintiff's Opposition to Defendants Motion to Dismiss 24 is GRANTED nunc pro tunc. The plaintiff's Motion for Permission to Respond to Defendant's Reply to Response of Plaintiff to Defendant's Motion to Dismiss 26 is GRANTED, and the plaintiff shall file his surreply by October 13, 2017. The plaintiff's Motion to Strike Part of Reply of Defendant to Response of Plaintiff to Defendant's Motion to Dismiss 26 is DENIED. The plaintiff's Request for Oral Argument 27 is DENIED WITHOUT PREJUDICE. Signed by Judge Reggie B. Walton on 9/18/17. (ms) (Entered: 09/19/2017)
2017-09-19Set/Reset Deadlines: Plaintiff's Surreply due by 10/13/2017. (hs) (Entered: 09/19/2017)
2017-09-1928SURREPLY to 14 MOTION to Dismiss filed by LARRY WELENC. (WELENC, LARRY) Modified to add link on 9/20/2017 (znmw). (Entered: 09/19/2017)
2018-02-1329ORDER denying 14 Defendants' Motion to Dismiss Plaintiff's Complaint. Signed by Judge Reggie B. Walton on 2/13/18. (ms) (Entered: 02/13/2018)
2018-02-2730MOTION for Extension of Time to File Defendants' Answer or Other Response to Plaintiff's Complaint by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Adebonojo, Kenneth) (Entered: 02/27/2018)
2018-03-1631ANSWER to 1 Complaint by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION.(Adebonojo, Kenneth) (Entered: 03/16/2018)
2018-03-2032ORDER granting 30 the defendants' unopposed Motion for Extension of Time and directing the parties to file by April 30, 2018 a joint status report and proposed schedule for further proceedings. Signed by Judge Reggie B. Walton on 3/19/18. (ms) (Entered: 03/20/2018)
2018-03-20Set/Reset Deadlines: Joint Status Report due by 4/30/2018 (hs) (Entered: 03/20/2018)
2018-03-2133REPLY re 31 Answer Reply to Defendant's Answer Brief filed by LARRY WELENC. (WELENC, LARRY) Modified to add link on 3/22/2018 (znmw). (Entered: 03/21/2018)
2018-04-3034STATUS REPORT by Defendants by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Adebonojo, Kenneth) (Entered: 04/30/2018)
2018-05-0135First STATUS REPORT by LARRY WELENC. (WELENC, LARRY) (Entered: 05/01/2018)
2018-05-03MINUTE ORDER: Notwithstanding the parties' failure to file a joint status report and joint proposed schedule for further proceedings in this case, and on consideration of the parties respective reports 35 34 it is hereby ORDERED that the defendants shall file their motion for summary judgment by July 30, 2018; the plaintiff shall file his opposition and cross-motion by August 30, 2018; the defendants shall file their reply and opposition to the plaintiff's cross-motion by October 1, 2018; and the plaintiff shall file his cross-reply by October 30, 2018.. Signed by Judge Reggie B. Walton on 5/2/18. (ms) (Entered: 05/03/2018)
2018-05-04Set/Reset Deadlines: Summary Judgment motions due by 7/30/2018. Response to Motion for Summary Judgment/Cross Motion due by 8/30/2018. Reply to Motion for Summary Judgment due by 10/1/2018. Reply to Cross Motions due by 10/30/2018 (hs) (Entered: 05/04/2018)
2018-07-3036MOTION for Extension of Time to file Defendants' Dispositive Motion and Associated Briefing by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Adebonojo, Kenneth) (Entered: 07/30/2018)
2018-07-3037Memorandum in opposition re 36 MOTION for Extension of Time to file Defendants' Dispositive Motion and Associated Briefing filed by LARRY WELENC. (WELENC, LARRY) Modified event title on 8/8/2018 (znmw). (Entered: 07/30/2018)
2018-08-01MINUTE ORDER: On consideration of defendants' motion and plaintiff's opposition, it is hereby ordered that defendants' 36 Motion for Extension of Time is granted. Defendants shall file their motion for summary judgment by August 31, 2018; plaintiff shall file his opposition and cross-motion by October 1, 2018; defendants shall file their reply and opposition to plaintiff's cross-motion by October 31, 2018; plaintiff shall file his reply by November 30, 2018. Signed by Judge Reggie B. Walton on 7/31/18. (ms) (Entered: 08/01/2018)
2018-08-01Set/Reset Deadlines: Summary Judgment motion due by 8/31/2018. Response to Motion for Summary Judgment/Cross Motion due by 10/1/2018. Reply to Motion for Summary Judgment due by 10/31/2018. Replies due by 11/30/2018. (hs) (Entered: 08/01/2018)
2018-08-2338First MOTION for Extension of Time to File Response/Reply by LARRY WELENC (WELENC, LARRY) (Entered: 08/23/2018)
2018-08-24MINUTE ORDER: According to the briefing schedule set by the Court's August 1, 2018 Minute Order, the plaintiff's reply is due by November 30, 2018. The plaintiff represents that he may be out of the country in order to attend a hearing before a German court on November 16, 2018. For this reason, he requests an extension of time. The Court hereby DENIES the plaintiff's motion 38 without prejudice. The plaintiff may renew his motion, which shall specify the length of additional time he requests, if it appears that his travels will prevent him from filing a timely reply. Signed by Judge Reggie B. Walton on 8/24/18. (ms) (Entered: 08/24/2018)
2018-08-3139MOTION for Extension of Time to File Defendants' Motion for Summary Judgment by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Adebonojo, Kenneth) (Entered: 08/31/2018)
2018-09-0240REPLY to opposition to motion re 39 MOTION for Extension of Time to File Defendants' Motion for Summary Judgment filed by LARRY WELENC. (WELENC, LARRY) (Entered: 09/02/2018)
2018-09-14MINUTE ORDER: It is hereby ordered that the Motion to Enlarge Time to File Defendants' Motion for Summary Judgment 39 is granted. The defendants shall file their motion by September 28, 2018. No further extensions of time will be granted absent extraordinary circumstances. It is further ordered that the plaintiff shall file his opposition and cross-motion by October 30, 2018; the defendants shall file their reply by November 12, 2018; the plaintiff shall file his reply by November 26, 2018. As the Court indicated in its August 24, 2018 minute order, based on the plaintiff's representation that he may be out of the country to attend court proceedings in Germany, the plaintiff may renew his motion for an extension of time. Signed by Judge Reggie B. Walton on 9/13/18. (ms) (Entered: 09/14/2018)
2018-09-14Set/Reset Deadlines: Summary Judgment motion due by 9/28/2018. Response to Motion for Summary Judgment/Cross Motion due by 10/30/2018. Reply to Motion for Summary Judgment due by 11/12/2018. Reply due by 11/26/2018 (hs) (Entered: 09/14/2018)
2018-09-2841MOTION for Extension of Time to FOR ONE DAY to file Defendants' Motion for Summary Judgment by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Adebonojo, Kenneth) (Entered: 09/28/2018)
2018-09-3042RESPONSE re 41 MOTION for Extension of Time to FOR ONE DAY to file Defendants' Motion for Summary Judgment filed by LARRY WELENC. (WELENC, LARRY) (Entered: 09/30/2018)
2018-09-3045MOTION for Sanctions, MOTION for Default Judgment as to by LARRY WELENC; (See document 42 to view document.) (ztd) (Entered: 10/02/2018)
2018-10-0143MOTION for Summary Judgment by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration, # 4 Exhibit)(Adebonojo, Kenneth) (Entered: 10/01/2018)
2018-10-02MINUTE ORDER: On consideration of the defendant's 41 Motion for Extension of Time and the plaintiff's opposition, it is hereby ORDERED that the defendant's motion is GRANTED nunc pro tunc. Signed by Judge Reggie B. Walton on 10/2/18. (ms) (Entered: 10/02/2018)
2018-10-0244Order advising the plaintiff to respond by 10/30/2018 to the defendants' 43 Motion for Summary Judgment. Signed by Judge Reggie B. Walton on 10/2/18. (ms) (Entered: 10/02/2018)
2018-10-02Set/Reset Deadlines: Responses due by 10/30/2018 (tj) (Entered: 10/02/2018)
2018-10-0246NOTICE OF INTERLOCUTORY APPEAL as to 44 Fox/Neal Order by LARRY WELENC. Fee Status: No Fee Paid. Parties have been notified. (WELENC, LARRY) (Entered: 10/02/2018)
2018-10-0247MOTION for Leave to Proceed in forma pauperis by LARRY WELENC (WELENC, LARRY) Modified text on 10/3/2018 (ztd). (Entered: 10/02/2018)
2018-10-0348ORDER; held in abeyance 43 Motion for Summary Judgment; Plaintiff's Response/Opposition due by 10/30/2018, Signed by Judge Reggie B. Walton on 10/2/2018. (hs) (Entered: 10/03/2018)
2018-10-0349Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. Motion to proceed on appeal in forma pauperis has been filed. Another transmission will be forwarded when the motion has been decided re 46 Notice of Interlocutory Appeal. (ztd) (Entered: 10/03/2018)
2018-10-09USCA Case Number 18-5293 for 46 Notice of Interlocutory Appeal filed by LARRY WELENC. (zrdj) (Entered: 10/11/2018)
2018-10-1450MOTION Clarification of Order re 47 MOTION for Leave to Appeal in forma pauperis, 48 Order on Motion for Summary Judgment, Set/Reset Deadlines, USCA Case Number, 49 Transmission of Notice of Appeal and Docket Sheet to USCA, 46 Notice of Interlocutory Appeal , MOTION to Clarify by LARRY WELENC (WELENC, LARRY) (Entered: 10/14/2018)
2018-10-1651SUPPLEMENT re 46 NOTICE OF INTERLOCUTORY APPEAL as to 44 Fox/Neal Order by LARRY WELENC. (WELENC, LARRY) Modified on 10/17/2018 correct docket event/text (jf). (Entered: 10/16/2018)
2018-10-1752Supplemental Record on Appeal transmitted to US Court of Appeals re 51 Amended Notice of Appeal; USCA Case Number 18-5293. (jf) (Entered: 10/17/2018)
2018-10-1853ORDER denying 45 the plaintiff's Motion for Sanctions, 45 Motion for Default Judgment, and motion to strike the defendant's summary judgment motion; granting 47 the plaintiff's Motion for Leave to Appeal in forma pauperis; granting 50 the plaintiff's Motion to Clarify; and vacating the Court's October 2, 2018 Order 44 . Signed by Judge Reggie B. Walton on 10/18/18. (ms) (Entered: 10/18/2018)
2018-10-2954First MOTION to Compel by LARRY WELENC (WELENC, LARRY) Modified relief on 10/30/2018 (ztd). (Entered: 10/29/2018)
2018-11-0155NOTICE of Proposed Order by LARRY WELENC re 54 MOTION to Compel (Attachments: # 1 Notice to Counsel/Party Proposed Order)(WELENC, LARRY) (Entered: 11/01/2018)
2018-11-0556NOTICE by LARRY WELENC re 43 MOTION for Summary Judgment , 46 Notice of Interlocutory Appeal (WELENC, LARRY) (Entered: 11/05/2018)
2018-11-1157ENTERED IN ERROR. . . . .First MOTION for Hearing re 54 MOTION to Compel by LARRY WELENC (WELENC, LARRY) Modified on 11/13/2018 (ztd). (Entered: 11/11/2018)
2018-11-13NOTICE OF ERROR re 57 Motion for Hearing; emailed to larrywelenc@earthlink.net, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. Please refer to LcvR 5.1 re: correspondence. All filings must be in pleading format. (ztd, ) (Entered: 11/13/2018)
2018-11-1358First MOTION for Hearing re 48 Order on Motion for Summary Judgment, Set/Reset Deadlines, 51 Amended Notice of Appeal, 46 Notice of Interlocutory Appeal Request for Status Conference by LARRY WELENC (WELENC, LARRY) (Entered: 11/13/2018)
2018-11-1559Memorandum in opposition to re 57 First MOTION for Hearing re 54 MOTION to Compel , 58 First MOTION for Hearing re 48 Order on Motion for Summary Judgment, Set/Reset Deadlines, 51 Amended Notice of Appeal, 46 Notice of Interlocutory Appeal Request for Status Conference , 54 MOTION to Compel filed by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Adebonojo, Kenneth) (Entered: 11/15/2018)
2018-11-1560REPLY to opposition to motion re 58 First MOTION for Hearing re 48 Order on Motion for Summary Judgment, Set/Reset Deadlines, 51 Amended Notice of Appeal, 46 Notice of Interlocutory Appeal Request for Status Conference filed by LARRY WELENC. (WELENC, LARRY) (Entered: 11/15/2018)
2018-12-1461Memorandum in opposition re 43 MOTION for Summary Judgment filed by LARRY WELENC. (WELENC, LARRY) Modified on 12/17/2018 to correct link.(ztnr) (Entered: 12/14/2018)
2018-12-1762ENTERED IN ERROR. . . . .Memorandum in opposition to re 43 MOTION for Summary Judgment filed by LARRY WELENC. (WELENC, LARRY) Modified on 12/18/2018 (ztd). (Entered: 12/17/2018)
2018-12-1863ENTERED IN ERROR. . . . .SUPPLEMENTAL MEMORANDUM to re 61 Memorandum in Opposition Exhibit M1 filed by LARRY WELENC. (WELENC, LARRY) Modified on 12/19/2018 (ztd). (Entered: 12/18/2018)
2018-12-19NOTICE OF ERROR re 63 Supplemental Memorandum; emailed to larrywelenc@earthlink.net, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. All documents must have a main document that has the case cation, case number and title of document. Modified on 12/19/2018 (ztd). (Entered: 12/19/2018)
2018-12-2364ENTERED IN ERROR. . . . .ERRATA Exhibit M1 by LARRY WELENC 61 Memorandum in Opposition filed by LARRY WELENC. (WELENC, LARRY) Modified on 12/27/2018 (ztd). (Entered: 12/23/2018)
2018-12-27NOTICE OF CORRECTED DOCKET ENTRY: re 64 Errata was entered in error and Plaintiff has been sent instructions on how to refile said pleading. (ztd) (Entered: 12/27/2018)
2018-12-2765ERRATA by LARRY WELENC 61 Memorandum in Opposition filed by LARRY WELENC. (Attachments: # 1 Supplement memorandum)(WELENC, LARRY) (Entered: 12/27/2018)
2019-01-1066MANDATE of USCA as to 46 Notice of Interlocutory Appeal filed by LARRY WELENC ; USCA Case Number 18-5293. (Attachments: # 1 USCA Order)(zrdj) (Entered: 01/16/2019)
2019-02-0667MOTION for Extension of Time to File a Reply to Plaintiff's Opposition to Defendants' Motion for Summary Judgment by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Adebonojo, Kenneth) (Entered: 02/06/2019)
2019-02-0768RESPONSE re 67 MOTION for Extension of Time to File a Reply to Plaintiff's Opposition to Defendants' Motion for Summary Judgment filed by LARRY WELENC. (WELENC, LARRY) (Entered: 02/07/2019)
2019-02-08MINUTE ORDER: It is hereby ORDERED that the plaintiff's motion to compel 54 and motion for hearing 58 are DENIED WITHOUT PREJUDICE. On consideration of the defendant's motion for an extension of time 67 and plaintiff's response 68 , it is hereby ORDERED that the defendant's motion is GRANTED, and its reply is due by March 8, 2018. It is further ORDERED that the plaintiff shall not send any further email transmission to the Clerk without express leave of Court. See Local Civil Rule 5.1(b). Signed by Judge Reggie B. Walton on 2/8/19. (ms) (Entered: 02/08/2019)
2019-02-08Set/Reset Deadlines: Defendant's Reply due by 3/8/2019. (hs) (Entered: 02/08/2019)
2019-02-1069MOTION to Clarify re Order on Motion to Compel,,, Order on Motion for Hearing,,, Order on Motion for Extension of Time to,, by LARRY WELENC (WELENC, LARRY) (Entered: 02/10/2019)
2019-03-01MINUTE ORDER: The Court GRANTS the plaintiff's motion for clarification 69 . First, because the plaintiff filed an opposition to the defendant's motion for summary judgment without a cross-motion, the Court did not set a deadline for the plaintiff's cross-reply. If the plaintiff deems it necessary to respond to the defendant's reply, the plaintiff may file a motion for leave to file a surreply. Second, the plaintiff is reminded that communications with the Court ordinarily occur through filings on the public docket. Ex parte communication with the Court, including email messages to the Clerk of Court and telephone calls to chambers, are highly disfavored. Third, there are circumstances under which the parties must confer with each other. For example, "[b]efore filing any nondispositive motion in a civil action, counsel shall discuss the anticipated motion with opposing counsel in a good-faith effort to determine whether there is any opposition to the relief sought and, if there is, to narrow the areas of disagreement." Local Civil Rule 7(m). It is up to the parties to decide whether to communicate by email, telephone call, or some other means. Signed by Judge Reggie B. Walton on 3/1/19. (ms) (Entered: 03/01/2019)
2019-03-0870REPLY to opposition to motion re 43 MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Adebonojo, Kenneth) (Entered: 03/08/2019)
2019-03-1071First MOTION for Leave to File Sur-Reply by LARRY WELENC (WELENC, LARRY) (Additional attachment(s) added on 3/20/2019: # 1 Exhibit Surreply) (ztd). (Entered: 03/10/2019)
2019-03-1972ENTERED IN ERROR. . . . .SURREPLY to re 71 First MOTION for Leave to File Sur-Reply filed by LARRY WELENC. (WELENC, LARRY) Modified on 3/20/2019 (ztd). (Entered: 03/19/2019)
2019-03-19NOTICE OF CORRECTED DOCKET ENTRY: re 72 Surreply was entered in error and added as an exhibit to docket entry 71 . The Court must grant the motion before a Surreply can be filed. (ztd) (Entered: 03/20/2019)
2019-03-22MINUTE ORDER: The plaintiff's 71 Motion for Leave to File a Surreply is hereby GRANTED. Signed by Judge Reggie B. Walton on 3/22/19. (ms) (Entered: 03/22/2019)
2019-03-2373SURREPLY to re Order on Motion for Leave to File filed by LARRY WELENC. (WELENC, LARRY) (Entered: 03/23/2019)
2019-07-0874MEMORANDUM AND OPINION. Signed by Judge Reggie B. Walton on 7/8/19. (ms) (Entered: 07/08/2019)
2019-07-0875ORDER granting 43 Defendants' Motion for Summary Judgment. This is a final appealable Order. Signed by Judge Reggie B. Walton on 7/8/19. (ms) (Entered: 07/08/2019)
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