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Case TitleJORDAN v. U.S. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv02702
Date Filed2017-12-18
Date Closed2021-09-16
JudgeJudge Rudolph Contreras
PlaintiffJACK JORDAN
DefendantU.S. DEPARTMENT OF JUSTICE
AppealD.C. Circuit 22-5289
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [23]
Opinion/Order [44]
FOIA Project Annotation: Once again, Judge Rudolph Contreras has rejected Jack Jordan's attempts to force the government to disclose two emails related to a Defense Base Act case involving his wife and DynCorp International. In his original litigation, Jordon sued the Department of Labor to force it to release two emails obtained from DI employees Darin Powers and Robert Huber. The agency argued the emails were protected by Exemption 4 (confidential business information) because they fell within the attorney-client privilege. Contreras agreed that one email was privileged but found that the other was not and ordered Labor to disclose that email. Jordon then appealed to the D.C. Circuit, which upheld Contreras' ruling. While Jordan's appeal was pending before the D.C. Circuit, he requested the emails from the Department of Justice, arguing that some portions of the privileged email must contain non-privileged material that could be separated and disclosed. Jordan asked that Contreras recuse himself because of bias. Rejecting that notion, Contreras noted that "Jordan's dispute with DOJ, DOL, and this Court's conclusions in the 2016 Action is a dispute of law �" what disclosures FOIA requires when a party represents that an email contains an express request for legal advice �" rather than a dispute over evidentiary facts." Contreras rejected Jordan's contention that his request to have DOJ segregate and disclose nonexempt information was a new claim. He observed that "in the motion, Jordan argued that DOJ had waived any privilege with respect to noncommercial words constituting a request for legal advice in the email, which he contended could be segregated from the rest of the email. This is the same argument he had already made, and the Court had already rejected, in the 2016 Action."
Issues: Litigation - Jurisdiction - Failure to State a Claim
Opinion/Order [64]
Opinion/Order [97]
FOIA Project Annotation: Judge Rudolph Contreras has finally resolved the endless litigation brought by Jack Jordan, an attorney representing his wife, who had suffered an on-the-job injury while working as an employee with DynCorp, a government contractor. As part of those administrative proceedings, Jordan learned of an email exchange between the attorneys representing DynCorp. Because the emails had been made part of the administrative record at the Department of Labor, Jordan made a FOIA request for them. DOL denied access to the emails under Exemption 4 (commercial and confidential), under the theory that were privileged. Although he found one email not privileged, Contreras agreed that the other email was privileged under Exemption 4 and ruled against Jordan. Jordan lost an appeal to the D.C. Circuit. He then litigated the same case in the Western District of Missouri and the Eastern District of New York, suing the Department of Justice as well since they also had access to the emails through the litigation. He lost all the cases, but a number of motions remained unresolved until now. Contreras agreed with DOJ that collateral estoppel applied to the agency's ability to claim the Exemption 4 case had already been fully litigated. Contreras noted that "Jordan raised the exact issue in his previous suit against the DOL, and this Court squarely held that Exemption 4 protected the email from disclosure. Moreover, it is not unfair to bind Jordan to the Court's previous judgment; in fact, it would be unfair to require DOJ to debate an issue already decided." Contreras also indicated the Exemption 5 (privileges) applied to materials withheld under the deliberative process privilege. He noted that "communications exchanging the correspondents' ideas on strategy going forward consist of the kinds of 'recommendations, draft documents, proposals, suggestions, and other subjective documents which reflect the personal opinion of the writer rather than the policy of the agency' that the deliberative proves privilege is meant to protect."
Issues: Litigation - Jurisdiction - Failure to State a Claim
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text
2017-12-181COMPLAINT against U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 400, receipt number 4616088805) filed by JACK JORDAN. (Attachments: # 1 Civil Cover Sheet)(jf) (Entered: 01/03/2018)
2018-01-03SUMMONS (2) Issued as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (jf) (Entered: 01/03/2018)
2018-01-052Case directly reassigned to Judge Rudolph Contreras as related to 16-cv-1868 (RC). Judge Colleen Kollar-Kotelly is no longer assigned to the case. (ztnr) (Entered: 01/05/2018)
2018-01-123MOTION for CM/ECF Password by JACK JORDAN. "Let this be filed" signed by Judge Rudolph Contreras on 01/12/2018 (jf) (Entered: 01/16/2018)
2018-01-124NOTICE OF RELATED CASE by JACK JORDAN Case related to Case No. 16-1868. "Let this be filed" signed by Judge Rudolph Contreras on 01/12/2018 (jf) (Entered: 01/16/2018)
2018-01-315NOTICE of Appearance by Benton Gregory Peterson on behalf of U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Certificate of Service)(Peterson, Benton) (Entered: 01/31/2018)
2018-02-076MOTION for Extension of Time to File by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 02/07/2018)
2018-02-157ORDER granting 3 Plaintiff's Motion for CM/ECF Password. Signed by Judge Rudolph Contreras on February 15, 2018. (lcrc2) (Entered: 02/15/2018)
2018-02-208STATUS REPORT re Motion to Disqualify Judge Contreras by JACK JORDAN. (JORDAN, JACK) (Entered: 02/20/2018)
2018-02-209MOTION to Disqualify Judge Contreras by JACK JORDAN (Attachments: # 1 Declaration Certificate of Good Faith, # 2 Declaration of J. Jordan, # 3 Text of Proposed Order)(JORDAN, JACK) (Entered: 02/20/2018)
2018-02-2510RESPONSE re 6 MOTION for Extension of Time to File Answer filed by JACK JORDAN. (Attachments: # 1 Exhibit 1 Email to DOJ 2/7/18, # 2 Text of Proposed Order)(JORDAN, JACK) (Entered: 02/25/2018)
2018-03-0611Memorandum in opposition to re 9 MOTION to Disqualify Judge Contreras filed by U.S. DEPARTMENT OF JUSTICE. (Peterson, Benton) (Entered: 03/06/2018)
2018-03-0612REPLY to opposition to motion re 9 MOTION to Disqualify Judge Contreras filed by JACK JORDAN. (JORDAN, JACK) (Entered: 03/06/2018)
2018-03-0813ERRATA correction to citation by JACK JORDAN 9 MOTION to Disqualify Judge Contreras filed by JACK JORDAN. (JORDAN, JACK) (Entered: 03/08/2018)
2018-03-1214MOTION for Protective Order by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 03/12/2018)
2018-03-1315Memorandum in opposition to re 14 MOTION for Protective Order filed by JACK JORDAN. (Attachments: # 1 Text of Proposed Order)(JORDAN, JACK) (Entered: 03/13/2018)
2018-03-1316RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 01/12/2018. (Attachments: # 1 Exhibit Return Receipt)(JORDAN, JACK) (Entered: 03/13/2018)
2018-03-1317RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/11/2018. Answer due for ALL FEDERAL DEFENDANTS by 2/10/2018. (Attachments: # 1 Exhibit Return Receipt)(JORDAN, JACK) (Entered: 03/13/2018)
2018-03-1418ANSWER to 1 Complaint by U.S. DEPARTMENT OF JUSTICE.(Peterson, Benton) (Entered: 03/14/2018)
2018-04-0219REPLY to opposition to motion re 14 MOTION for Protective Order filed by U.S. DEPARTMENT OF JUSTICE. (Peterson, Benton) (Entered: 04/02/2018)
2018-05-0820SUPPLEMENTAL MEMORANDUM to re 9 MOTION to Disqualify Judge Contreras filed by JACK JORDAN. (JORDAN, JACK) (Entered: 05/08/2018)
2018-06-0521SUPPLEMENTAL MEMORANDUM to re 9 MOTION to Disqualify Judge Contreras filed by JACK JORDAN. (Attachments: # 1 Exhibit 1 Emails rec'd from DOJ on 5/30/18, # 2 Exhibit 2 Letter from DI's Counsel 10/28/15, # 3 Exhibit 3 Email from DOJ refusing to release the Huber email 4/2/18)(JORDAN, JACK) (Entered: 06/05/2018)
2018-06-0822ORDER denying 9 Plaintiff's Motion to Disqualify; granting 6 Defendant's Motion for Extension of Time to Answer or Otherwise Respond to Complaint; denying without prejudice 14 Defendant's Motion for Protective Order; and ordering the parties to meet, confer, and jointly submit a proposed schedule to govern further proceedings. See document for details. Signed by Judge Rudolph Contreras on June 8, 2018. (lcrc2) (Entered: 06/08/2018)
2018-06-0823MEMORANDUM OPINION denying 9 Plaintiff's Motion to Disqualify; granting 6 Defendant's Motion for Extension of Time to Answer or Otherwise Respond to Complaint; and denying without prejudice 14 Defendant's Motion for Protective Order. Signed by Judge Rudolph Contreras on June 8, 2018. (lcrc2) (Entered: 06/08/2018)
2018-06-11Set/Reset Deadlines: Meet & Confer Statement due by 6/22/2018. (tj) (Entered: 06/11/2018)
2018-06-2124STATUS REPORT by JACK JORDAN. (Attachments: # 1 Exhibit 1 emails to and from DOJ, # 2 Exhibit DOJ proposed joint status report, # 3 Exhibit 3 DOJ letter to Judge Contreras 7/31/17)(JORDAN, JACK) (Entered: 06/21/2018)
2018-06-2225STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 06/22/2018)
2018-07-10MINUTE ORDER: Upon consideration of 24 25 the parties' respective status reports and proposed schedules, it is hereby ORDERED that by August 10, 2018, Defendant shall submit a status report containing concrete information regarding the searches it has conducted and the number of potentially responsive documents it has retrieved, along with a proposed schedule for processing and producing documents on a rolling basis. SO ORDERED. Signed by Judge Rudolph Contreras on July 10, 2018. (lcrc2) (Entered: 07/10/2018)
2018-07-10Set/Reset Deadlines: Status Report due by 8/10/2018. (tj) (Entered: 07/10/2018)
2018-07-2126MOTION Release of evidence by JACK JORDAN (Attachments: # 1 Exhibit 1 DI Opp 12/30/2016 pp 1, 2, 7, 9, # 2 Exhibit 2 DI Opp 1/16/2018 pp 1, 7, 11)(JORDAN, JACK) (Entered: 07/21/2018)
2018-08-0227Memorandum in opposition to re 26 MOTION Release of evidence filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 08/02/2018)
2018-08-0328REPLY to opposition to motion re 26 MOTION Release of evidence filed by JACK JORDAN. (Attachments: # 1 Text of Proposed Order Proposed Order)(JORDAN, JACK) (Entered: 08/03/2018)
2018-08-0629SUPPLEMENTAL MEMORANDUM to re 26 MOTION Release of evidence filed by JACK JORDAN. (JORDAN, JACK) (Entered: 08/06/2018)
2018-08-0930SUPPLEMENTAL MEMORANDUM to re 26 MOTION Release of evidence filed by JACK JORDAN. (Attachments: # 1 Exhibit 1 BRB Order 8/7/2018, # 2 Declaration J. Jordan 8/9/2018)(JORDAN, JACK) (Entered: 08/09/2018)
2018-08-1031STATUS REPORT and Proposed Schedule by U.S. DEPARTMENT OF JUSTICE. (Peterson, Benton) (Entered: 08/10/2018)
2018-08-28MINUTE ORDER: Upon consideration of 31 Defendant's Status Report and Proposed Schedule--to which Plaintiff submitted no response--and the rest of the record in this case, it is hereby ORDERED that Defendant shall process 300 pages per month to produce responses to Plaintiff on a monthly rolling basis. It is FURTHER ORDERED that Defendant shall submit a status report on or before November 26, 2018 and every 90 days thereafter. SO ORDERED. Signed by Judge Rudolph Contreras on August 28, 2018. (lcrc2) (Entered: 08/28/2018)
2018-08-29Set/Reset Deadlines: Status Report due by 11/26/2018. (tj) (Entered: 08/29/2018)
2018-09-2532SUPPLEMENTAL MEMORANDUM to re 26 MOTION Release of evidence filed by JACK JORDAN. (JORDAN, JACK) (Entered: 09/25/2018)
2018-10-1133MEMORANDUM OPINION & ORDER denying 26 Plaintiff's Motion for Release of Evidence. See document for details. Signed by Judge Rudolph Contreras on 10/11/18. (lcrc1) Modified on 10/11/2018 (zrdj). (Entered: 10/11/2018)
2018-10-1534MOTION for Reconsideration re 33 Order on Motion for Miscellaneous Relief by JACK JORDAN (Attachments: # 1 Text of Proposed Order)(JORDAN, JACK) (Entered: 10/15/2018)
2018-10-2235SUPPLEMENTAL MEMORANDUM to re 34 MOTION for Reconsideration re 33 Order on Motion for Miscellaneous Relief filed by JACK JORDAN. (JORDAN, JACK) (Entered: 10/22/2018)
2018-11-2636MOTION for Order on Motion to Reconsider by JACK JORDAN (Attachments: # 1 Text of Proposed Order Proposed Order)(JORDAN, JACK) (Entered: 11/26/2018)
2018-11-2637STATUS REPORT (Defendant) by U.S. DEPARTMENT OF JUSTICE. (Peterson, Benton) (Entered: 11/26/2018)
2019-01-3038MOTION for Extension of Time to Produce Documents by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 01/30/2019)
2019-02-1539NOTICE OF SUBSTITUTION OF COUNSEL by Christopher Charles Hair on behalf of U.S. DEPARTMENT OF JUSTICE (Hair, Christopher) (Entered: 02/15/2019)
2019-02-19MINUTE ORDER granting 38 Defendant's Motion for Extension of Time: Upon consideration of the motion for extension of time, and Plaintiff having stated his opposition to the motion but having failed to file a brief in opposition, it is hereby ORDERED that Defendants shall produce responsive records pursuant to the Court's August 28, 2018 Order on or before March 5, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on 2/19/19. (lcrc1) (Entered: 02/19/2019)
2019-02-1940Second MOTION for Order re ECF 34 by JACK JORDAN (Attachments: # 1 Exhibit Ex. 1 List of 131 Cites re Inferences on Summary Judgment)(JORDAN, JACK) (Entered: 02/19/2019)
2019-02-2641STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Hair, Christopher) (Entered: 02/26/2019)
2019-03-1542Third MOTION for Order re: Doc 34 Motion to Reconsider by JACK JORDAN (Attachments: # 1 Exhibit 1 Citations to Decisions re Waiver Rule)(JORDAN, JACK); Modified to add docket entry relationship on 3/15/2019 (tth). (Entered: 03/15/2019)
2019-05-0843ORDER denying 34 motion for reconsideration; denying as moot 36 , 40 , 42 motions for order. See document for details. Signed by Judge Rudolph Contreras on 5/8/19. (lcrc1) (Entered: 05/08/2019)
2019-05-0844MEMORANDUM OPINION denying 34 motion for reconsideration; denying as moot 36 , 40 , 42 motions for order. See document for details. Signed by Judge Rudolph Contreras on 5/8/19. (lcrc1) (Entered: 05/08/2019)
2019-05-1045Second MOTION for Relief from Judgment in 2016 Action by JACK JORDAN (JORDAN, JACK) (Entered: 05/10/2019)
2019-05-2846STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Hair, Christopher) (Entered: 05/28/2019)
2019-06-1147MOTION the Court's release of Huber's and Powers' emails by JACK JORDAN (Attachments: # 1 Exhibit 1 Email 8/28/2013 by Will Imbrie)(JORDAN, JACK) (Entered: 06/11/2019)
2019-06-2548Memorandum in opposition to re 47 MOTION the Court's release of Huber's and Powers' emails filed by U.S. DEPARTMENT OF JUSTICE. (Hair, Christopher) (Entered: 06/25/2019)
2019-06-2849REPLY to opposition to motion re 47 MOTION the Court's release of Huber's and Powers' emails filed by JACK JORDAN. (JORDAN, JACK) (Entered: 06/28/2019)
2019-07-2250MEMORANDUM OPINION & ORDER denying 45 motion for relief from judgment in 2016 action; denying 47 motion for release of evidence. See document for details. Signed by Judge Rudolph Contreras on 7/22/19. (lcrc1) (Entered: 07/22/2019)
2019-08-2251MOTION to Compel release of Powers' emails by JACK JORDAN (Attachments: # 1 Exhibit 1 Campo FOIA Request for Powers' emails, # 2 Exhibit 2 DOJ Denial, # 3 Exhibit 3 DOJ OIP Denial)(JORDAN, JACK) (Entered: 08/22/2019)
2019-08-23MINUTE ORDER denying 51 Plaintiff's motion to compel: Much of Plaintiff's motion rehashes arguments that this Court has already rejected in the multiple prior opinions addressing the release of the Powers e-mail in both this case and related case Jordan v. U.S. Dept of Labor , No. 16-cv-1868 (D.D.C.). To the extent Plaintiff's motion is directed at FOIA request No. EOUSA-2019-001917, that request was not the subject of Plaintiff's complaint in this case--indeed, it was filed well after the initiation of this case. The Court therefore cannot address any justification for withholding documents made in response to that request, which is beyond the scope of this lawsuit. Plaintiff remains free to initiate another suit challenging the Department of Justice's withholding in response to FOIA request No. EOUSA-2019-001917. SO ORDERED. Signed by Judge Rudolph Contreras on 8/23/19. (lcrc1) (Entered: 08/23/2019)
2019-08-2652STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Hair, Christopher) (Entered: 08/26/2019)
2019-08-26MINUTE ORDER: Given that the government predicted in 31 a status report a year ago that it would process the responsive records in this case in about a year's time (approximately 3,600 pages at 300 pages per month), it is hereby ORDERED that the government shall, within a week, set forth the schedule by which it plans to complete processing of the remaining records. SO ORDERED. Signed by Judge Rudolph Contreras on 8/26/19. (lcrc1) (Entered: 08/26/2019)
2019-08-3053MOTION for Reconsideration re Order on Motion to Compel,,, by JACK JORDAN (Attachments: # 1 Exhibit 1 citations re D.C. waiver rule by Judge Contreras)(JORDAN, JACK) (Entered: 08/30/2019)
2019-08-3054STATUS REPORT (regarding remaining productions) by U.S. DEPARTMENT OF JUSTICE. (Hair, Christopher) (Entered: 08/30/2019)
2019-09-1355Supplemental STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Hair, Christopher) (Entered: 09/13/2019)
2019-09-1356Memorandum in opposition to re 53 MOTION for Reconsideration re Order on Motion to Compel,,, filed by U.S. DEPARTMENT OF JUSTICE. (Hair, Christopher) (Entered: 09/13/2019)
2019-09-2757REPLY to opposition to motion re 53 MOTION for Reconsideration re Order on Motion to Compel,,, filed by JACK JORDAN. (JORDAN, JACK) (Entered: 09/27/2019)
2019-11-1358Second MOTION to Compel Release of Powers' email by JACK JORDAN (JORDAN, JACK) (Entered: 11/13/2019)
2019-11-2759STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Hair, Christopher) (Entered: 11/27/2019)
2019-11-2760Memorandum in opposition to re 58 Second MOTION to Compel Release of Powers' email filed by U.S. DEPARTMENT OF JUSTICE. (Hair, Christopher) (Entered: 11/27/2019)
2019-11-2961REPLY to opposition to motion re 58 Second MOTION to Compel Release of Powers' email filed by JACK JORDAN. (JORDAN, JACK) (Entered: 11/29/2019)
2020-02-2362STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration of Natasha Hudgins)(Hair, Christopher) (Entered: 02/23/2020)
2020-03-3063ORDER denying 53 Plaintiff's Motion to Reconsider and denying 58 Plaintiff's Second Motion to Compel. See document for details. Signed by Judge Rudolph Contreras on 3/30/2020. (lcrc1) (Entered: 03/30/2020)
2020-03-3064MEMORANDUM OPINION denying 53 Plaintiff's Motion to Reconsider and denying 58 Plaintiff's Second Motion to Compel. See document for details. Signed by Judge Rudolph Contreras on 3/30/2020. (lcrc1) (Entered: 03/30/2020)
2020-04-0165MOTION for Reconsideration re 50 Order on Motion for Relief from Judgment, Order on Motion for Miscellaneous Relief, 43 Order on Motion for Reconsideration, Order on Motion for Order,, 33 Order on Motion for Miscellaneous Relief Release of Limited Evidence by JACK JORDAN (JORDAN, JACK) (Entered: 04/01/2020)
2020-04-01MINUTE ORDER: Upon consideration of 65 Plaintiff's Motion for Reconsideration, it is hereby ORDERED that the Government need not respond to the motion until and unless the Court requests a response. In the meantime, any additional pleadings by Plaintiff concerning the Powers and Huber e-mails may be met with sanctions and/or a referral to the State bar of which Mr. Jordan is a member. SO ORDERED. Signed by Judge Rudolph Contreras on 4/1/2020. (lcrc1) (Entered: 04/01/2020)
2020-04-0166MOTION to Vacate Order, Minute Order 4/1/2020 , MOTION for Reconsideration of Minute Order 4/1/2020 by JACK JORDAN (JORDAN, JACK) (Entered: 04/01/2020)
2020-04-02MINUTE ORDER: Upon consideration of 66 Plaintiff's Motion to Vacate and for Reconsideration, it is hereby ORDERED that the Government need not respond to the Motion, or any other motion concerning the Powers and Huber e-mails, unless the Court requests a response. SO ORDERED. Signed by Judge Rudolph Contreras on 4/2/2020. (lcrc1) (Entered: 04/02/2020)
2020-05-1567STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Hair, Christopher) (Entered: 05/15/2020)
2020-06-1568STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Hair, Christopher) (Entered: 06/15/2020)
2020-06-15MINUTE ORDER: Upon consideration of 68 Defendant's status report, it is hereby ORDERED that the parties shall submit a joint status report on or before July 15, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 6/15/2020. (lcrc1) (Entered: 06/15/2020)
2020-06-16Set/Reset Deadlines: Status Report due by 7/15/2020. (tj) (Entered: 06/16/2020)
2020-07-1569Joint STATUS REPORT And Proposed Briefing Schedule by U.S. DEPARTMENT OF JUSTICE. (Hair, Christopher) (Entered: 07/15/2020)
2020-07-15MINUTE ORDER: Upon consideration of 69 the parties' joint status report and proposed briefing schedule, it is hereby ORDERED that the following schedule shall govern further proceedings in this matter: Defendant's motion for summary judgment is due on or before October 22, 2020; Plaintiff's opposition and cross-motion for summary judgment is due on or before January 2, 2021; Defendant's opposition and reply is due on or before January 29, 2021; and Plaintiff's reply is due on or before February 26, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 7/15/2020. (lcrc1) (Entered: 07/15/2020)
2020-07-16Set/Reset Deadlines: Cross Motions due by 1/2/2021. Response to Cross Motions due by 1/29/2021. Reply to Cross Motions due by 2/26/2021. Summary Judgment motions due by 10/22/2020. Response to Motion for Summary Judgment due by 1/2/2021. Reply to Motion for Summary Judgment due by 1/29/2021. (tj) (Entered: 07/16/2020)
2020-09-04MINUTE ORDER denying 65 Plaintiff's Motion for Reconsideration, denying 66 Plaintiff's Motion to Vacate and for Reconsideration: Plaintiff's motions once again request that this Court reconsider its decision to deny the release of certain records -- an issue upon which the Court has already repeatedly ruled. See Mem. Op. Denying Pl.'s Mot. to Reconsider and Denying Pl.'s Second Mot. to Compel at 1 (ECF No. 64). Plaintiff further requests that this Court vacate its 4/1/2020 Minute Order indicating that the Court will consider imposing sanctions and/or making a referral to the relevant State bar if Plaintiff continues to raise arguments that have been repeatedly considered and rejected. Together, Plaintiff's motions make unsupported and speculative claims against this Court and attempt to re-litigate old matters. Accordingly, Plaintiff fails to establish that he is entitled to the requested relief. Indeed, Plaintiff's allegations are so patently frivolous that a response from Defendant to either motion is unnecessary for the Court to determine that they must be denied. SO ORDERED. Signed by Judge Rudolph Contreras on 9/4/2020. (lcrc1) (Entered: 09/04/2020)
2020-10-2070Consent MOTION for Extension of Time to File Defendant's Summary Judgment Motion (and Extend Briefing Schedule) by U.S. DEPARTMENT OF JUSTICE (Hair, Christopher) (Entered: 10/20/2020)
2020-10-20MINUTE ORDER granting 70 Defendant's Consent Motion for Extension of Time: It is hereby ORDERED that Defendant shall file its motion for summary judgment on or before November 20, 2020; Plaintiff shall file his opposition and cross-motion for summary judgment on or before February 1, 2021; Defendant shall file its opposition and reply on or before March 1, 2021; and Plaintiff shall file his reply on or before March 29, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 10/20/2020. (lcrc1) (Entered: 10/20/2020)
2020-10-21Set/Reset Deadlines: Cross Motions due by 2/1/2021. Response to Cross Motions due by 3/1/2021. Reply to Cross Motions due by 3/29/2021. Summary Judgment motions due by 11/20/2020. Response to Motion for Summary Judgment due by 2/1/2021. Reply to Motion for Summary Judgment due by 3/1/2021. (tj) (Entered: 10/21/2020)
2020-11-2071MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration of Natasha Hudgins, # 4 Text of Proposed Order)(Hair, Christopher) (Entered: 11/20/2020)
2020-11-2072Vaughn Index from Executive Office for United States Attorneys. (Hair, Christopher) (Entered: 11/20/2020)
2020-12-0573MOTION Request and Demand for Evidence under FRCrP 16 by JACK JORDAN (JORDAN, JACK) Modified event on 12/9/2020 (znmw). (Entered: 12/05/2020)
2020-12-07MINUTE ORDER denying 73 Plaintiff's Request for Evidence: Levying unsubstantiated allegations of judicial misconduct against this Court and the District Court for the Western District of Missouri, Plaintiff demands that the Court and the U.S. Attorney's Office provide him with a particular email. See ECF No. 73. The Court denies his request. It has already denied a motion to recuse, ECF No. 22, and Plaintiff has not pointed to any of the Court's actions since that order that warrant reconsideration of the issue. In addition, this Court has no jurisdiction over alleged due process violations that took place during proceedings in another district. Finally, Plaintiff makes his request pursuant to Federal Rule of Criminal Procedure 16, but this case is a civil proceeding so that rule is inapplicable. SO ORDERED. Signed by Judge Rudolph Contreras on 12/7/2020. (lcrc1) (Entered: 12/07/2020)
2021-01-0174MOTION for Reconsideration re Order on Motion for Reconsideration,,,,, Order on Motion to Vacate,,,,,,,,, by JACK JORDAN (JORDAN, JACK) (Entered: 01/01/2021)
2021-01-07MINUTE ORDER: It is hereby ORDERED that this Court's April 2, 2020 Minute Order applies to 74 Plaintiff's Motion for Reconsideration, namely that the Government need not respond to the motion until and unless the Court requests a response, and any additional pleadings by Plaintiff concerning the Powers and Huber e-mails may be met with sanctions and/or a referral to the State bar of which Mr. Jordan is a member. SO ORDERED. Signed by Judge Rudolph Contreras on 1/7/2021. (lcrc2) (Entered: 01/07/2021)
2021-01-0775MOTION for Sanctions under Rule 56(h) and Contempt by JACK JORDAN (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 DOJ 15th Response 6/8/2020, # 3 Exhibit 2 DOJ letter to Judge Contreras 7/31/2017, # 4 Exhibit 3 DOJ contact information)(JORDAN, JACK). Added MOTION for Contempt on 1/8/2021 (znmw). (Entered: 01/07/2021)
2021-01-0876MOTION for Reconsideration re Order, , MOTION to Vacate by JACK JORDAN (JORDAN, JACK) (Entered: 01/08/2021)
2021-01-08MINUTE ORDER denying 76 Plaintiff's Motion for Reconsideration: Because Plaintiff's repetitive 76 motion for reconsideration does not provide any nonfrivolous basis for the Court to reconsider its minute order dated January 7, 2021, the motion is hereby DENIED. SO ORDERED. Signed by Judge Rudolph Contreras on 1/8/2021. (lcrc1) (Entered: 01/08/2021)
2021-01-2177NOTICE by U.S. DEPARTMENT OF JUSTICE re 75 MOTION for Sanctions under Rule 56(h) and Contempt MOTION for Contempt (Hair, Christopher) (Entered: 01/21/2021)
2021-01-21MINUTE ORDER: Upon consideration of 75 Plaintiff's Motion for Sanctions and Contempt and 77 Defendant's Notice, it is hereby ORDERED that Defendant shall respond to 75 Plaintiff's motion on or before February 22, 2021. Defendant may file a cross-motion along with its response. SO ORDERED. Signed by Judge Rudolph Contreras on 1/21/2021. (lcrc1) (Entered: 01/21/2021)
2021-01-22Set/Reset Deadlines: Responses due by 2/22/2021 (tj) (Entered: 01/22/2021)
2021-01-2778MOTION for Demand of Evidence by JACK JORDAN (JORDAN, JACK); Modified event and text on 1/28/2021 (ztth). (Entered: 01/27/2021)
2021-01-27MINUTE ORDER: It is hereby ORDERED that this Court's Minute Order dated April 2, 2020, applies to 78 Plaintiff's demand for evidence. Namely, the Government need not respond to Plaintiff's filing until and unless the Court requests a response, and any additional pleadings by Plaintiff concerning the Powers and Huber e-mails may be met with sanctions and/or a referral to the State bar of which Mr. Jordan is a member. SO ORDERED. Signed by Judge Rudolph Contreras on 1/27/2021. (lcrc1) (Entered: 01/27/2021)
2021-01-2779MOTION for Reconsideration re Order,, , MOTION to Vacate by JACK JORDAN. (JORDAN, JACK) (Entered: 01/27/2021)
2021-01-27MINUTE ORDER denying 79 Plaintiff's Motion for Reconsideration: Plaintiff once again demands that the Court and the U.S. Attorney's Office provide him with the Powers and Huber emails. He also asks that the Court vacate its previous orders warning him not to continue submitting filings on the subject. See, e.g. , Min. Order (Jan. 27, 2021). The Court denies his request. He has not advanced any nonfrivolous argument under the Constitution. And the criminal statutes he cites are inapplicable in this civil case. SO ORDERED. Signed by Judge Rudolph Contreras on 1/27/2021. (lcrc1) (Entered: 01/27/2021)
2021-01-2980MOTION to Clarify re Order on Motion for Reconsideration,,, Order on Motion to Vacate,, by JACK JORDAN. (JORDAN, JACK) (Entered: 01/29/2021)
2021-01-2981MOTION for Reconsideration re Order, Order on Motion for Reconsideration,,, Order on Motion to Vacate,, , MOTION to Vacate by JACK JORDAN. (JORDAN, JACK) (Entered: 01/29/2021)
2021-01-29MINUTE ORDER: It is hereby ORDERED that this Court's Minute Order dated April 2, 2020, applies to 80 Plaintiff's motion for clarification and 81 Plaintiff's motion for reconsideration. Namely, the Government need not respond to Plaintiff's filings until and unless the Court requests a response. Any additional pleadings by Plaintiff concerning the Powers and Huber emails may be met with sanctions and/or a referral to the State bar of which Mr. Jordan is a member. SO ORDERED. Signed by Judge Rudolph Contreras on 1/29/2021. (lcrc1) (Entered: 01/29/2021)
2021-02-0182MOTION for Partial Summary Judgment by JACK JORDAN. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit 1 Huber Declaration, # 4 Exhibit 2 Cox emails, # 5 Exhibit 3 Huber Letter 4/2014, # 6 Exhibit 4 emails to DOJ 2/1/2021, # 7 Exhibit 5 emails to DOJ re missing words)(JORDAN, JACK) (Entered: 02/01/2021)
2021-02-0183Memorandum in opposition to re 71 MOTION for Summary Judgment filed by JACK JORDAN. (Attachments: # 1 Statement of Facts, # 2 Exhibit 1 Declaration of Robert Huber 8/15/2017, # 3 Exhibit 2 emails from Brian Cox, # 4 Exhibit 3 Letter from Robert Huber 4/8/2014, # 5 Exhibit 4 emails to DOJ 2/1/2021, # 6 Exhibit 5 emails to DOJ re missing words)(JORDAN, JACK) (Entered: 02/01/2021)
2021-02-0284ERRATA by JACK JORDAN re 82 MOTION for Partial Summary Judgment filed by JACK JORDAN, 83 Memorandum in Opposition, filed by JACK JORDAN. (ztth) (Entered: 02/02/2021)
2021-02-2385Consent MOTION for Extension of Time to File Response/Reply as to 75 MOTION for Sanctions under Rule 56(h) and Contempt MOTION for Contempt (nunc pro tunc) by U.S. DEPARTMENT OF JUSTICE. (Hair, Christopher) (Entered: 02/23/2021)
2021-02-23MINUTE ORDER granting 85 Defendant's Consent Motion for Extension of Time nunc pro tunc : It is hereby ORDERED that Defendant shall respond to 75 Plaintiff's motion for sanctions on or before March 1, 2021; and Plaintiff shall file his reply on or before March 29, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 2/23/2021. (lcrc1) (Entered: 02/23/2021)
2021-03-0186REPLY to opposition to motion re 75 MOTION for Sanctions under Rule 56(h) and Contempt MOTION for Contempt filed by U.S. DEPARTMENT OF JUSTICE. (Attachment: # 1 Text of Proposed Order) (ztth) (Entered: 03/03/2021)
2021-03-0187Memorandum in opposition to 75 MOTION for Sanctions under Rule 56(h) and Contempt MOTION for Contempt, 82 MOTION for Partial Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (ztth) (Entered: 03/03/2021)
2021-03-0188RESPONSE re 82 MOTION for Partial Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (ztth) (Entered: 03/03/2021)
2021-03-0189MOTION to Amend/Correct 18 Answer to Complaint by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit, # 2 Exhibit) (ztth) (Entered: 03/03/2021)
2021-03-0590MOTION to Strike 72 Vaughn Index, 88 Response to Document, 86 Reply to opposition to Motion, 87 Memorandum in Opposition, 89 MOTION to Amend/Correct 18 Answer to Complaint , MOTION for Contempt by JACK JORDAN. (Attachments: # 1 Declaration Jack Jordan 3/5/2021, # 2 Exhibit 1 Emails to DOJ 3/2/2021, # 3 Exhibit 2 Email to DOJ 1/24/2019)(JORDAN, JACK) (Entered: 03/05/2021)
2021-03-1091RESPONSE re 89 MOTION to Amend/Correct 18 Answer to Complaint filed by JACK JORDAN. (Attachments: # 1 Declaration of Jack Jordan 3/10/2021, # 2 Exhibit 1 Emails to DOJ 3/2/2021, # 3 Exhibit 2 Email to DOJ 1/24/2019)(JORDAN, JACK) (Entered: 03/10/2021)
2021-03-1792REPLY to opposition to motion re 89 MOTION to Amend/Correct 18 Answer to Complaint filed by U.S. DEPARTMENT OF JUSTICE. (Hair, Christopher) (Entered: 03/17/2021)
2021-03-1793Memorandum in opposition to re 90 MOTION to Strike 72 Vaughn Index, 88 Response to Document, 86 Reply to opposition to Motion, 87 Memorandum in Opposition, 89 MOTION to Amend/Correct 18 Answer to Complaint MOTION for Contempt filed by U.S. DEPARTMENT OF JUSTICE. (Hair, Christopher) (Entered: 03/17/2021)
2021-03-1994REPLY to opposition to motion re 90 MOTION to Strike 72 Vaughn Index, 88 Response to Document, 86 Reply to opposition to Motion, 87 Memorandum in Opposition, 89 MOTION to Amend/Correct 18 Answer to Complaint MOTION for Contempt filed by JACK JORDAN. (JORDAN, JACK) (Entered: 03/19/2021)
2021-03-2895REPLY to opposition to motion re 75 MOTION for Sanctions under Rule 56(h) and Contempt MOTION for Contempt, 82 MOTION for Partial Summary Judgment filed by JACK JORDAN. (JORDAN, JACK) (Entered: 03/28/2021)
2021-09-0396ORDER denying 74 / 81 Plaintiff's motions for reconsideration; denying 75 Plaintiff's motion for sanctions; denying 78 Plaintiff's demand for evidence; denying 80 Plaintiff's motion for clarification; granting in part and denying in part 82 Plaintiff's motion for partial summary judgment; denying 90 Plaintiff's motion to strike; granting in part and denying in part 71 Defendant's motion for summary judgment; and granting 89 Defendant's motion to amend its answer. See document for details. Signed by Judge Rudolph Contreras on 9/3/2021. (lcrc1) (Entered: 09/03/2021)
2021-09-0397MEMORANDUM OPINION denying 74 / 81 Plaintiff's motions for reconsideration; denying 75 Plaintiff's motion for sanctions; denying 78 Plaintiff's demand for evidence; denying 80 Plaintiff's motion for clarification; granting in part and denying in part 82 Plaintiff's motion for partial summary judgment; denying 90 Plaintiff's motion to strike; granting in part and denying in part 71 Defendant's motion for summary judgment; and granting 89 Defendant's motion to amend its answer. See document for details. Signed by Judge Rudolph Contreras on 9/3/2021. (lcrc1) (Entered: 09/03/2021)
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