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Case TitleLIOUNIS v. KREBS et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv01621
Date Filed2017-08-09
Date Closed2020-08-03
JudgeJudge Colleen Kollar-Kotelly
PlaintiffPETER LIOUNIS
Case DescriptionPeter Liounis, a federal prisoner, submitted a FOIA request to the U.S. Attorney's Office in Washington, DC, for records concerning the grand jury that indicted him. After the agency failed to respond, he filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantKEVIN KREBS Asst. Dir., U.S. DOJ
DefendantCHRISTINA D. TROIANA Assoc. Chief, U.S. DOJ, OIP
DefendantNIKKI GRAMIAN Dept. Dir., Off. Gov Infor. Svcs
DefendantSEAN O'NEILL Admin. Appeals, U.S. DOJ
DefendantSEAN O'NEILL Admin. Appeals, U.S. DOJ, OIP
AppealD.C. Circuit 18-5351
AppealD.C. Circuit 20-5249
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [81]
FOIA Project Annotation: Judge Colleen Kollar-Kotelly has ruled that EOUSA conducted an adequate search and properly withheld records from Peter Liounis under Exemption 3 (other statutes) and Exemption 5 (privileges). Liounis requested records of the grand jury that indicted him on criminal charges that resulted in a prison sentence of more than 20 years. The agency withheld the grand jury materials, citing Rule 6(e) on grand jury secrecy as an Exemption 3 statute. In an earlier order, Kollar-Kotelly had told the agency that its categorical claim that all records were exempt without further explanation was insufficient. Liounis complained that the search was inadequate because it had not uncovered the grand jury voting records. Finding that EOUSA's explanation of its search was sufficient, she noted that "even if this information had been found in Defendant's search, any records concerning the grand jury voting and attendance records would likely have been exempt from disclosure." Turning to the exemptions, Kollar-Kotelly pointed out that "the exhibits presented to the grand jury are exempt from FOIA under Exemption 3 because they would reveal 'the strategy or direction of the investigation.'" She noted that "here, Plaintiff requested only documents relating to his grand jury proceeding. Accordingly, it would be obvious that any material which was released had been presented to the grand jury. Knowing the contents of exhibits presented to the grand jury would reveal secret aspects of the direction and scope of the investigation." Kollar-Kotelly found that the agency had not shown that one category of records containing draft indictments qualified as grand jury material. However, she noted that the draft indictments were protected under Exemption 5 because they constituted attorney work-product.
Issues: Exemption 3 - Statutory prohibition of disclosure
Opinion/Order [102]
FOIA Project Annotation: On remand from the D.C. Circuit, Judge Colleen Kollar-Kotelly has ruled that the Executive Office for U.S. Attorneys conducted an adequate search for records concerning grand jury materials from the Eastern District of New York pertaining to the conviction of Peter Liounis. EOUSA initially withheld records in their entirety under Exemption 3 (other statutes) and Exemption 5 (privileges). After Liounis filed suit, Kollar-Kotelly questioned the adequacy of the agency's search and its exemption claims. She ordered the agency to supplement its affidavits. The second time around, she approved of both the search and the exemption claims. Liounis then appealed to the D.C. Circuit. The D.C. Circuit upheld the exemptions but questioned the search and sent the case back to Kollar-Kotelly. The supplemental search was conducted by Assistant U.S. Attorney Jonathan Lax, who had been involved in Liounis' prosecution. Finding that the search was adequate, Kollar-Kotelly noted that "based on Mr. Lax's declaration, the Court finds that Defendant conducted a reasonable search in response to Plaintiff's request. Mr. Law personally searched the entire case file. He also personally searched the electronic case file and subsequently conducted a search of that case file with targeted search terms. Mr. Lax attests that 'there is no other location in the USAO-EDNY where other records which might be responsive to this request are likely to be located; and I am not aware of any other method or means by which a further search could be conducted, which would likely locate additional responsive records.'"
Issues: Adequacy - Search
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-08-091COMPLAINT against NIKKI GRAMIAN, KEVIN KREBS, SEAN O'NEILL, CHRISTINA D. TROIANA ( Filing fee $ 400, receipt number 4616086563) filed by PETER LIOUNIS. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(jf) (Entered: 08/11/2017)
2017-08-112ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 08/11/17. (DM) (Entered: 08/11/2017)
2017-09-13SUMMONS (6) Issued as to NIKKI GRAMIAN, KEVIN KREBS, SEAN O'NEILL, CHRISTINA D. TROIANA, U.S. Attorney and U.S. Attorney General (md) (Entered: 09/13/2017)
2017-09-293RULE 4(m) ORDER. The Clerk of the Court shall mail a copy of this Order to Plaintiff at his address of record. Signed by Judge Colleen Kollar-Kotelly on 9/29/2017. (lcckk3) (Entered: 09/29/2017)
2017-09-29Set/Reset Deadlines: Time to effectuate service upon party due by 11/7/2017. (dot) (Entered: 10/02/2017)
2017-10-044RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/28/17. ( Answer due for ALL FEDERAL DEFENDANTS by 10/28/2017.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NIKKI GRAMIAN served on 9/26/2017; KEVIN KREBS served on 9/26/2017; SEAN O'NEILL served on 9/26/2017; CHRISTINA D. TROIANA served on 9/26/2017, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/26/17. (td) (Entered: 10/10/2017)
2017-10-115NOTICE of Appearance by Wyneva Johnson on behalf of KEVIN KREBS, SEAN O'NEILL, CHRISTINA D. TROIANA (Johnson, Wyneva) (Entered: 10/11/2017)
2017-10-126MOTION for Vaughn Index by PETER LIOUNIS (td) Modified to add text and fiat on 10/13/2017 (td); "Leave to file Granted" by Judge C. Kollar-Kotelly. Added MOTION for Order for in camera inspection of all documents on 10/13/2017 (td). (Entered: 10/13/2017)
2017-10-137ORDER DENYING WITHOUT PREJUDICE Plaintiff's 6 "Vaughn Motion." The Clerk of the Court shall mail a copy of this Order to Plaintiff at his address of record. Signed by Judge Colleen Kollar-Kotelly on 10/13/2017. (lcckk3) (Entered: 10/13/2017)
2017-10-258MOTION for Extension of Time to respond to Plaintiff's Complaint by NIKKI GRAMIAN, KEVIN KREBS, SEAN O'NEILL, CHRISTINA D. TROIANA (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 10/25/2017)
2017-10-279ORDER DENYING WITHOUT PREJUDICE Defendants' 8 Motion for Extension of Time. The Clerk of the Court shall mail a copy of this Order to Plaintiff at his address of record. Signed by Judge Colleen Kollar-Kotelly on 10/27/2017.(lcckk3) (Entered: 10/27/2017)
2017-11-0210AFFIDAVIT (regarding mailing of Vaughn Index) by PETER LIOUNIS; "Leave to file GRANTED" by Judge Colleen Kollar-Kotelly (td) (Entered: 11/02/2017)
2017-11-0811MOTION for Extension of Time to Respond to Plaintiff's Complaint by NIKKI GRAMIAN, KEVIN KREBS, SEAN O'NEILL, CHRISTINA D. TROIANA (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 11/08/2017)
2017-11-0812ORDER GRANTING NUNC PRO TUNC Defendants' 11 Motion for Extension of Time. The Clerk of the Court shall mail a copy of this Order to Plaintiff at his address of record. Signed by Judge Colleen Kollar-Kotelly on 11/8/2017. (lcckk3) (Entered: 11/08/2017)
2017-12-0414MOTION for Entry of Default by PETER LIOUNIS; "Leave to file Granted" by Judge C Kollar-Kotelly (td) (Entered: 12/06/2017)
2017-12-0513MOTION for Summary Judgment by NIKKI GRAMIAN, KEVIN KREBS, SEAN O'NEILL, CHRISTINA D. TROIANA (Attachments: # 1 Declaration (Declaration of Vinay J. Jolly), # 2 Text of Proposed Order)(Johnson, Wyneva) (Entered: 12/05/2017)
2017-12-0615ORDER DENYING Plaintiff's 14 Motion for Entry of Default and for Default Judgment. The Clerk of the Court shall mail a copy of this Order to Plaintiff at his address of record. Signed by Judge Colleen Kollar-Kotelly on 12/6/2017. (lcckk3) (Entered: 12/06/2017)
2017-12-0616ORDER. Plaintiff must respond to Defendants' Motion for Summary Judgment by JANUARY 19, 2018. Defendants shall file a reply by no later than FEBRUARY 2, 2018. The Clerk of the Court shall mail a copy of this Order to Plaintiff's address of record. Signed by Judge Colleen Kollar-Kotelly on 12/6/2017. (lcckk3) (Entered: 12/06/2017)
2017-12-0617SCHEDULING AND PROCEDURES ORDER. The Clerk of the Court shall mail a copy of this Order to Plaintiff's address of record. Signed by Judge Colleen Kollar-Kotelly on 12/6/2017. (lcckk3) (Entered: 12/06/2017)
2017-12-0618MOTION for Leave to File Amended Complaint by PETER LIOUNIS (jf) (Entered: 12/08/2017)
2017-12-07Set/Reset Deadlines: Plaintiff must respond to Defendants' Motion for Summary Judgment by 1/19/2018; Defendants shall file a reply by no later 2/2/2018. (kt) (Entered: 12/07/2017)
2017-12-0820ENTERED IN ERROR.....MOTION for Entry of Default by PETER LIOUNIS; (See docket entry no. 19 to view document.) (td) Modified on 12/14/2017 (jf). (Entered: 12/12/2017)
2017-12-1219AFFIDAVIT regarding service by PETER LIOUNIS. (td) (Entered: 12/12/2017)
2017-12-1321ORDER Regarding Plaintiff's 18 Motion for Leave to Amend Complaint. The Clerk of the Court shall mail a copy of this Order to Plaintiff at his address of record. Signed by Judge Colleen Kollar-Kotelly on 12/13/2017. (lcckk3) (Entered: 12/13/2017)
2017-12-13Set/Reset Deadlines: Plaintiff shall file his proposed amended complaint by 1/15/2018. Defendants shall file Response by 1/29/2018. Plaintiff's Reply due by 2/12/2018. (dot) (Entered: 12/13/2017)
2017-12-14NOTICE OF CORRECTED DOCKET ENTRY: re 20 MOTION for Entry of Default was entered in error and counsel was instructed to refile said pleading. (jf) (Entered: 12/14/2017)
2017-12-14NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 20 MOTION for Entry of Default was entered in error at the request of chambers. The motion for entry of default referred to in docket entry no. 19 is already docketed at docket entry no. 14 and has already been resolved by the Court at docket entry no. 15 . (jf) (Entered: 12/14/2017)
2017-12-2622NOTICE by PETER LIOUNIS (td) (Entered: 12/28/2017)
2017-12-2623MOTION for Reconsideration re 15 Order on Motion for Entry of Default by PETER LIOUNIS (td) (Entered: 12/28/2017)
2018-01-0224ORDER DENYING Plaintiff's 23 Motion for Reconsideration. The Clerk of the Court shall mail a copy of this Order to Plaintiff at his address of record. Signed by Judge Colleen Kollar-Kotelly on 1/2/2018. (lcckk3) (Entered: 01/02/2018)
2018-01-0925MOTION for Extension of Time to File Response/Reply as to 13 MOTION for Summary Judgment by PETER LIOUNIS (td) (Entered: 01/11/2018)
2018-01-0926NOTICE of filing of Proposed Amended Complaint by PETER LIOUNIS re 18 MOTION for Leave to File (td) (Entered: 01/11/2018)
2018-01-1127ORDER GRANTING Plaintiff's 25 Motion for Extension of Time. The Clerk of the Court shall mail a copy of this Order to Plaintiff at his address of record. Signed by Judge Colleen Kollar-Kotelly on 1/11/2018. (lcckk3) (Entered: 01/11/2018)
2018-01-11Set/Reset Deadlines: Response to 13 due by 3/19/2018. Reply to 13 due by 4/2/2018. (dot) (Entered: 01/16/2018)
2018-02-0228ORDER. The Court is in receipt of Plaintiff's 18 Motion for Leave to Amend Complaint. On December 13, 2017, the Court ordered Defendants to file a response to Plaintiff's motion by no later than January 29, 2018. As of the date of this Order, no such response has been filed. By no later than February 5, 2018, Defendants shall file their response, along with a notice explaining why the response was not filed on time. The Clerk of the Court shall mail a copy of this Order to Plaintiff at his address of record. Signed by Judge Colleen Kollar-Kotelly on 2/2/2018. (lcckk3) (Entered: 02/02/2018)
2018-02-0529RESPONSE re 18 MOTION for Leave to File , Defendants' Opposition to Plainitff's Motion to Amend Complaint, filed by NIKKI GRAMIAN, KEVIN KREBS, SEAN O'NEILL, CHRISTINA D. TROIANA. (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 02/05/2018)
2018-02-1430MOTION to Amend/Correct 1 Complaint by PETER LIOUNIS (Attachments: # 1 Exhibit First Amended Complaint)(td) (Entered: 02/16/2018)
2018-03-2231Cross MOTION for Partial Summary Judgment by PETER LIOUNIS (Attachments: # 1 Exhibits)(td) (Entered: 03/23/2018)
2018-03-2232AFFIDAVIT by PETER LIOUNIS; "Leave to file Granted" signed 3/22/18 by Judge C. Kollar-Kotelly (td) (Entered: 03/28/2018)
2018-04-0333AFFIDAVIT re 31 MOTION for Partial Summary Judgment by PETER LIOUNIS. (td) (Entered: 04/12/2018)
2018-04-2534ORDER. By no later than MAY 2, 2018, Defendants shall file an Opposition to Plaintiff's Cross-Motion for Partial Summary Judgment, and a reply in support of their own Motion for Summary Judgment. Also by that date, Defendants shall respond to Plaintiff's most-recent Motion for Leave to Amend the Complaint. By no later than MAY 21, 2018, Plaintiff shall file a reply in support of his Cross-Motion for Partial Summary Judgment and a reply in support of his Motions for Leave to Amend the Complaint. The Clerk of the Court shall mail a copy of this Order to Plaintiff at his address ofrecord. Signed by Judge Colleen Kollar-Kotelly on 4/25/2018. (lcckk3) (Entered: 04/25/2018)
2018-04-25Set/Reset Deadlines: Defendants' Response to Cross Motion 31 due by 5/2/2018. Plaintiff's Reply to Cross Motion 31 due by 5/21/2018. Defendants' Response to 30 due by 5/2/2018. Plaintiff's Reply to 30 due by 5/21/2018. Defendants' Reply to Motion for Summary Judgment 13 due by 5/2/2018. (dot) (Entered: 04/26/2018)
2018-05-0235REPLY to opposition to motion re 13 MOTION for Summary Judgment , 31 MOTION for Partial Summary Judgment , Defendants' Opposition to Plaintiff's Cross Motion for Summary Judgment, filed by NIKKI GRAMIAN, KEVIN KREBS, SEAN O'NEILL, CHRISTINA D. TROIANA. (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 05/02/2018)
2018-05-0236RESPONSE re 30 MOTION to Amend/Correct 1 Complaint filed by NIKKI GRAMIAN, KEVIN KREBS, SEAN O'NEILL, CHRISTINA D. TROIANA. (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 05/02/2018)
2018-05-0237Memorandum in opposition to re 31 MOTION for Partial Summary Judgment filed by NIKKI GRAMIAN, KEVIN KREBS, SEAN O'NEILL, CHRISTINA D. TROIANA. (See Docket Entry 35 to view document). (znmw) (Entered: 05/09/2018)
2018-05-2538SUPPLEMENTAL MEMORANDUM to re 31 MOTION for Partial Summary Judgment filed by PETER LIOUNIS. (ztd) (Entered: 05/30/2018)
2018-06-0439MOTION for Order to Supplement Pursuant to Fed.R.Civ.P. 15(d) by PETER LIOUNIS; ("Leave to file Granted" signed 6/4/18 by Judge C. Kollar-Kotelly) (ztd) . (Entered: 06/06/2018)
2018-06-0440REPLY to opposition to motion re 31 MOTION for Partial Summary Judgment filed by PETER LIOUNIS; ("Leave to file Granted" signed 6/4/18 by Judge C. Kollar-Kotelly) (ztd) (Entered: 06/06/2018)
2018-06-0441Memorandum in opposition to re 13 MOTION for Summary Judgment filed by PETER LIOUNIS. (See docket entry no. 40 to view document.) (ztd) (Entered: 06/06/2018)
2018-06-0442REPLY to opposition to motion re 30 MOTION to Amend/Correct 1 Complaint filed by PETER LIOUNIS. ("Leave to file Granted" signed 6/4/18 by Judge C. Kollar-Kotelly) (ztd) (Entered: 06/06/2018)
2018-06-0743ORDER GRANTING Plaintiff's 30 Motion for Leave to Amend and DENYING Plaintiff's 18 Motion for Leave to Amend as MOOT. The Clerk of the Court shall mail a copy of this Order to Plaintiff at his address of record. Signed by Judge Colleen Kollar-Kotelly on 6/7/2018. (lcckk3) (Entered: 06/07/2018)
2018-06-0744ORDER Regarding Plaintiff's 39 Motion to Supplement Pursuant to Federal Rule of Civil Procedure 15(d). Defendant shall file a response to Plaintiff's Motion to Supplement by no later than JUNE 21, 2018. Signed by Judge Colleen Kollar-Kotelly on 6/7/2018. (lcckk3) (Entered: 06/07/2018)
2018-06-07Set/Reset Deadlines: Defendant's Response to 39 due by 6/21/2018. (dot) (Entered: 06/08/2018)
2018-06-1145ORDER DENYING WITHOUT PREJUDICE Defendant's 13 Motion for Summary Judgment and Plaintiff's 31 Cross-Motion for Summary Judgment. The Clerk of the Court shall mail a copy of this Order to Plaintiff at his address of record. Signed by Judge Colleen Kollar-Kotelly on 6/11/2018. (lcckk3) (Entered: 06/11/2018)
2018-06-1346AFFIDAVIT re 40 Reply to opposition to Motion by PETER LIOUNIS. (ztd) (Entered: 07/03/2018)
2018-07-0347MOTION for Reconsideration re 45 June 11, 2018 as it Relates to the Court's Final Ruling that States the Requested EDNY Grand Jury Voting Records and the Names of the EDNY Grand Jurors are Exempt from Disclosure in their Entirety Under Exemption 3 in Conjunction with Rule 6(e) Order, and MOTION for Clarification by PETER LIOUNIS (ztd) (Entered: 07/09/2018)
2018-07-1048ORDER Regarding Plaintiff's 39 Motion to Supplement Pursuant to Federal Rule of Civil Procedure 15(d). Defendant is ORDERED to file a response to Plaintiff's Motion to Supplement by no later than JULY, 13, 2018. Defendant's response shall be accompanied by a notice explaining why the response was not filed on time. The Clerk of the Court shall mail a copy of this Order to Plaintiff at his address of record. The Clerk shall also mail a copy of this Order to defense counsel's supervisor, Daniel Van Horn, at the United States Attorney's Office, 555 4th Street, NW, Washington, D.C. 20530. Signed by Judge Colleen Kollar-Kotelly on 7/10/2018. (lcckk3) (Entered: 07/10/2018)
2018-07-10Set/Reset Deadlines: Defendant's response to Plaintiff's Motion to Supplement due no later than 7/13/2018. (kt) (Entered: 07/10/2018)
2018-07-1049ORDER DENYING Plaintiff's 47 Motion for Reconsideration and Clarification of the Court's Order Dated June 11, 2018. The Clerk of the Court shall mail a copy of this Order to Plaintiff at his address of record. Signed by Judge Colleen Kollar-Kotelly on 7/10/2018. (lcckk3) (Entered: 07/10/2018)
2018-07-1051MOTION for Entry Default by PETER LIOUNIS (ztd) Modified event on 7/19/2018 (ztd). (Entered: 07/16/2018)
2018-07-1150RESPONSE re 39 MOTION for Order to Supplement Pursuant to Fed.R.Civ.P. 15(d) filed by NIKKI GRAMIAN, KEVIN KREBS, SEAN O'NEILL, CHRISTINA D. TROIANA. (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) . (Entered: 07/11/2018)
2018-07-2652AFFIDAVIT regarding service re 51 MOTION for Entry of Default by PETER LIOUNIS. (ztd) (Entered: 07/27/2018)
2018-07-2653MOTION to Take Judicial Notice by PETER LIOUNIS (ztd) Modified event title on 8/7/2018 (znmw). (Entered: 07/27/2018)
2018-07-3054MOTION for Extension of Time to File Response/Reply by NIKKI GRAMIAN, KEVIN KREBS (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 07/30/2018)
2018-07-3155MOTION for Extension of Time to file Renewed Motion for Summary Judgment by One Day, by NIKKI GRAMIAN, KEVIN KREBS, SEAN O'NEILL, CHRISTINA D. TROIANA (Johnson, Wyneva) (Entered: 07/31/2018)
2018-07-3156MOTION for Summary Judgment (Renewed) by NIKKI GRAMIAN, KEVIN KREBS, SEAN O'NEILL, CHRISTINA D. TROIANA (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Declaration, # 6 Appendix to Declaration (i.e., Vaughn Index), # 7 Text of Proposed Order)(Johnson, Wyneva) (Entered: 07/31/2018)
2018-08-0257ORDER DENYING Plaintiff's 51 Motion for Entry of Default, DENYING Plaintiff's 53 Motion for Judicial Notice, DENYING Defendant's 54 Motion for Extension of Time to Respond to Plaintiff's July 10, 2018 Motion, and GRANTING Defendant's 55 Motion for Leave to Late File Defendant's Renewed Motion for Summary Judgment. The Clerk of the Court shall mail a copy of this Order to Plaintiff at his address of record. Signed by Judge Colleen Kollar-Kotelly on 8/2/2018. (lcckk3) (Entered: 08/02/2018)
2018-08-0258ORDER. Plaintiff must respond to Defendant's Motion for Summary Judgment by AUGUST 24, 2018. Defendant shall file a reply by no later than AUGUST 31, 2018. The Clerk of the Court shall mail a copy of this Order to Plaintiff's address of record. Signed by Judge Colleen Kollar-Kotelly on 8/2/2018. (lcckk3) (Entered: 08/02/2018)
2018-08-02Set/Reset Deadlines: Plaintiff's Response to 56 Motion for Summary Judgment due by 8/24/2018. Reply to 56 Motion for Summary Judgment due by 8/31/2018. (dot) (Entered: 08/03/2018)
2018-08-0759REPLY to opposition to re 51 MOTION for Entry of Default, 39 MOTION for Order to Supplement Pursuant to Fed.R.Civ.P. 15(d) filed by PETER LIOUNIS. (jf) (Entered: 08/10/2018)
2018-08-1360"LEAVE TO FILE DENIED as this pleading is on the docket as #51 & has been ruled at docket #57" - Plaintiff Requests The Clerk of the Court to File Entry of Default Against All Defendants Under Fed.R.Civ.P. 55(a). This document is unavailable as the Court denied its filing. Signed by Judge Colleen Kollar-Kotelly on 8/13/2018. (tth) Modified text on 8/16/2018 (tth). (Entered: 08/16/2018)
2018-08-1661MOTION for Extension of Time by PETER LIOUNIS. (tth) (Main Document 61 replaced on 8/20/2018) (ztth). (Entered: 08/20/2018)
2018-08-1662AFFIDAVIT regarding service re 53 MOTION to Take Judicial Notice by PETER LIOUNIS. (tth) (Entered: 08/20/2018)
2018-08-2064MOTION for Judicial Notice by PETER LIOUNIS. (tth) (Entered: 08/22/2018)
2018-08-2163ORDER GRANTING Plaintiff's 61 Motion for Extension of Time. The Clerk of the Court shall mail a copy of this Order to Plaintiff at his address of record. The Clerk of the Court shall also mail Plaintiff a copy of Defendant's 56 Renewed Motion for Summary Judgment (including exhibits). Signed by Judge Colleen Kollar-Kotelly on 8/21/2018.(lcckk3) (Entered: 08/21/2018)
2018-08-21Set/Reset Deadlines: Plaintiff's Response to 56 Motion for Summary Judgment due by 9/24/2018. Reply to Motion for Summary Judgment due by 10/5/2018. (dot) (Entered: 08/23/2018)
2018-08-2465NOTICE of Filing by NIKKI GRAMIAN, KEVIN KREBS, SEAN O'NEILL, CHRISTINA D. TROIANA (Attachments: # 1 Supplement)(Johnson, Wyneva) (Entered: 08/24/2018)
2018-08-2466ORDER GRANTING Plaintiff's 64 Motion for Judicial Notice, as well as his "Emergency" Motion for Judicial Notice. The Clerk of the Court shall mail a copy of this Order to Plaintiff at his address of record. Signed by Judge Colleen Kollar-Kotelly on 8/24/2018. (lcckk3) (Entered: 08/24/2018)
2018-08-24Set/Reset Deadlines: Plaintiff's Response to 56 due by 9/24/2018; Reply due by 10/5/2018. (dot) (Entered: 08/24/2018)
2018-08-2467EMERGENCY MOTION for Judicial Notice by PETER LIOUNIS. (ztl) (Main Document 67 replaced on 8/29/2018) (ztd). (Entered: 08/28/2018)
2018-09-2568Memorandum in opposition to re 56 MOTION for Summary Judgment (Renewed) filed by PETER LIOUNIS. (Attachments: # 1 Exhibit)(td) (Entered: 09/27/2018)
2018-09-2569MOTION for Summary Judgment by PETER LIOUNIS; (See docket entry no. 68 to view.) (td) (Entered: 09/27/2018)
2018-09-2770ORDER FOR SUMMARY JUDGMENT BRIEFING. The Clerk of the Court shall mail a copy of this Order to Plaintiff at his address of record. Signed by Judge Colleen Kollar-Kotelly on 9-27-2018. (lcckk3) (Entered: 09/27/2018)
2018-09-27Set/Reset Deadlines: Defendant's Opposition to Plaintiffs Cross Motion for Summary Judgment and Reply in support of its own 56 Motion for Summary Judgment due by 10/5/2018; Plaintiff's Reply in support of his Cross Motion for Summary Judgment due by 10/19/2018. (kt) (Entered: 09/27/2018)
2018-10-1071ORDER. The Clerk of the Court shall mail a copy of this Order to Plaintiff at his address of record. Signed by Judge Colleen Kollar-Kotelly on 10/10/2018. (lcckk3) (Entered: 10/10/2018)
2018-10-10Set/Reset Deadlines: Defendants' Response to Cross Motion due by 10/12/2018. Plaintiff's Reply to Cross Motion due by 10/26/2018. Defendants' Reply to Motion for Summary Judgment due by 10/26/2018. (dot) (Entered: 10/12/2018)
2018-10-1272Memorandum in opposition to re 69 MOTION for Summary Judgment filed by NIKKI GRAMIAN, KEVIN KREBS, SEAN O'NEILL, CHRISTINA D. TROIANA. (Attachments: # 1 Vaughn Index, # 2 Text of Proposed Order)(Johnson, Wyneva) (Entered: 10/12/2018)
2018-10-1273REPLY to opposition to motion re 56 MOTION for Summary Judgment (Renewed) filed by NIKKI GRAMIAN, KEVIN KREBS, SEAN O'NEILL, CHRISTINA D. TROIANA. (Johnson, Wyneva) (Entered: 10/12/2018)
2018-10-1974MOTION for Entry of Default by PETER LIOUNIS; "Leave to file Granted" signed by Judge Colleen Kollar-Kotelly on 10/19/18 (ztd) (Entered: 10/23/2018)
2018-10-2375ORDER denying 74 Motion for Entry of Default.The Clerk of the Court shall mail a copy of this Order to Plaintiff at his address of record. Signed by Judge Colleen Kollar-Kotelly on 10/23/2018. (lcckk3) (Entered: 10/23/2018)
2018-10-2376MOTION for Entry of Default by PETER LIOUNIS; "Leave to file Granted" signed by Judge C. Kollar-Kotelly on 10/23/18 (ztd) (Entered: 10/31/2018)
2018-10-2977REPLY to opposition to motion re 69 MOTION for Summary Judgment filed by PETER LIOUNIS. (ztd) (Entered: 10/31/2018)
2018-10-3078REPLY to opposition to motion re 69 MOTION for Summary Judgment filed by PETER LIOUNIS. ("Leave to file Granted as a Reply" signed on 10/30/18 by Judge C. Kollar-Kotelly) (ztd) Modified on 11/7/2018 (znmw). (Entered: 11/05/2018)
2018-11-0779ORDER denying 39 Motion for Order. The Clerk of the Court shall mail a copy of this Order to Plaintiff at his address of record. Signed by Judge Colleen Kollar-Kotelly on 11/7/2018. (lcckk3) (Entered: 11/07/2018)
2018-11-0780ORDER granting 56 Motion for Summary Judgment; denying 69 Motion for Summary Judgment. The Clerk of the Court shall mail a copy of this Order and accompanying Memorandum Opinion to Plaintiff at his address of record. Signed by Judge Colleen Kollar-Kotelly on 11/7/2018. (lcckk3) (Entered: 11/07/2018)
2018-11-0781MEMORANDUM OPINION. The Clerk of the Court shall mail a copy of this Memorandum Opinion to Plaintiff at his address of record. Signed by Judge Colleen Kollar-Kotelly on 11/7/2018. (lcckk3) (Entered: 11/07/2018)
2018-11-2682NOTICE OF APPEAL as to 80 Order on Motion for Summary Judgment,,, 81 Memorandum & Opinion by PETER LIOUNIS. Fee Status: No Fee Paid. Parties have been notified. (ztd) (Entered: 11/29/2018)
2018-11-2983Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The fee remains to be paid and another notice will be transmitted when the fee has been paid in the District Court re 82 Notice of Appeal. (ztd) (Entered: 11/29/2018)
2018-11-30USCA Case Number 18-5351 for 82 Notice of Appeal filed by PETER LIOUNIS. (zrdj) (Entered: 12/03/2018)
2018-12-1884MOTION for Leave to Appeal in forma pauperis by PETER LIOUNIS (Attachments: # 1 Attachment)(ztd) (Entered: 12/19/2018)
2018-12-1885PRISONER ACCOUNT STATEMENT by PETER LIOUNIS (ztd) (Entered: 12/19/2018)
2018-12-2086ORDER granting 84 Motion for Leave to Appeal in forma pauperis. The Clerk shall mail a copy of this Order to Plaintiff at his address of record. Signed by Judge Colleen Kollar-Kotelly on 12/20/2018. (lcckk3) (Entered: 12/20/2018)
2018-12-2087Supplemental Record on Appeal transmitted to US Court of Appeals re 86 Order on Motion for Leave to Appeal in forma pauperis ;18-5351 USCA Case Number 18-5351. (ztd) (Entered: 12/20/2018)
2019-01-04USCA Appeal Fees received $ 505 receipt number 4616096099 re 82 Notice of Appeal filed by PETER LIOUNIS (ztd) (Entered: 01/04/2019)
2019-02-0588Supplemental Record on Appeal transmitted to US Court of Appeals re USCA Appeal Fees ;USCA Case Number 18-5351. (ztd) (Entered: 02/05/2019)
2020-02-2889ORDER for additional briefing. The Clerk of the Court shall mail a copy of this Order to Plaintiff at his address of record. Signed by Judge Colleen Kollar-Kotelly on 2-28-2020. (lcckk3) (Entered: 02/28/2020)
2020-02-28Set/Reset Deadlines: Plaintiff's Response due by 4/20/2020. (dot) (Entered: 03/02/2020)
2020-02-2890MANDATE of USCA as to 82 Notice of Appeal filed by PETER LIOUNIS ; USCA Case Number 18-5351. (Attachments: # 1 USCA Order)(zrdj) (Entered: 03/02/2020)
2020-03-2391NOTICE of Appearance by Alan Burch on behalf of All Defendants (Burch, Alan) (Entered: 03/23/2020)
2020-03-2392RESPONSE TO ORDER OF THE COURT re 89 Order for Supplemental Briefing filed by NIKKI GRAMIAN, KEVIN KREBS, SEAN O'NEILL, CHRISTINA D. TROIANA. (Attachments: # 1 Exhibit Supplemental Declaraion of Jonathan P. Lax)(Burch, Alan) (Entered: 03/23/2020)
2020-03-2493CERTIFICATE OF SERVICE by NIKKI GRAMIAN, KEVIN KREBS, SEAN O'NEILL, CHRISTINA D. TROIANA re 92 Response to Order of the Court, 91 Notice of Appearance . (Burch, Alan) (Entered: 03/24/2020)
2020-04-2394MOTION for Summary Judgment by PETER LIOUNIS (ztd) (Entered: 04/28/2020)
2020-04-2395Memorandum in opposition to re 56 MOTION for Summary Judgment (Renewed) filed by PETER LIOUNIS. (ztd); (See docket entry no. 94 to view.) (Entered: 04/28/2020)
2020-05-0696MOTION for Extension of Time to File Opposition to Plaintiff's Motion for Summary Judgment by NIKKI GRAMIAN, KEVIN KREBS, SEAN O'NEILL, CHRISTINA D. TROIANA (Burch, Alan) Modified event on 5/6/2020 (ztd). (Entered: 05/06/2020)
2020-05-0797ORDER granting 96 Motion for Extension of Time to File Response/Reply. The Clerk of the Court shall mail a copy of this Order to Plaintiff at his address of record. Signed by Judge Colleen Kollar-Kotelly on 5-7-2020. (lcckk3) (Entered: 05/07/2020)
2020-05-07Set/Reset Deadlines: Defendant to file a Opposition and Reply by 7/11/2020. Plaintiff to file a Reply by 7/10/2020.(dot) (Entered: 05/07/2020)
2020-06-1198Memorandum in opposition to re 94 MOTION for Summary Judgment filed by NIKKI GRAMIAN, KEVIN KREBS, SEAN O'NEILL, CHRISTINA D. TROIANA. (Attachments: # 1 Second Supplemental Declaration of Jonathan Lax)(Burch, Alan) (Entered: 06/11/2020)
2020-06-1199REPLY to opposition to motion re 56 MOTION for Summary Judgment (Renewed) filed by NIKKI GRAMIAN, KEVIN KREBS, SEAN O'NEILL, CHRISTINA D. TROIANA. (Attachments: # 1 Second Supplemental Declaration of Jonathan Lax)(Burch, Alan) (Entered: 06/11/2020)
2020-07-20100REPLY to opposition to motion re 94 MOTION for Summary Judgment filed by PETER LIOUNIS. (ztd); ("LEAVE TO FILE GRANTED" signed 7/20/20 by Judge Kollar-Kotelly). (Entered: 07/23/2020)
2020-08-03101ORDER denying Plaintiff's 94 , 68 Motion for Summary Judgment; Granting Defendant's 56 Motion for Summary Judgment. The Clerk of the Court shall mail a copy of this Order and the accompanying Memorandum Opinion to Plaintiff at his address of record. Signed by Judge Colleen Kollar-Kotelly on 8-3-2020. (lcckk3) (Entered: 08/03/2020)
2020-08-03102MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on 8-3-2020. (lcckk3) (Entered: 08/03/2020)
2020-08-13103NOTICE OF APPEAL as to 102 Memorandum & Opinion, 101 Order on Motion for Summary Judgment, by PETER LIOUNIS. Fee Status: No Fee Paid. Parties have been notified. (ztd) (Entered: 08/17/2020)
2020-08-17104Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The fee remains to be paid and another notice will be transmitted when the fee has been paid in the District Court re 103 Notice of Appeal. (ztd) (Entered: 08/17/2020)
2020-08-19USCA Case Number 20-5249 for 103 Notice of Appeal filed by PETER LIOUNIS. (zrdj) (Entered: 08/19/2020)
2020-09-08USCA Appeal Fees received $ 505 receipt number 4616104059 re 103 Notice of Appeal filed by PETER LIOUNIS (ztd) (Entered: 09/09/2020)
2020-09-09105Supplemental Record on Appeal transmitted to US Court of Appeals re USCA Appeal Fees ;USCA Case Number 20-5249. (ztd) (Entered: 09/09/2020)
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by FOIA Project Staff
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