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Case TitleClevenger v. U.S. Department Of Justice et al
DistrictEastern District of New York
CityBrooklyn
Case Number1:2018cv01568
Date Filed2018-03-14
Date Closed2020-04-06
JudgeMagistrate Judge Lois Bloom
PlaintiffTy Clevenger
Case DescriptionTy Clevenger, an attorney, submitted FOIA requests to the Department of Justice and the FBI for records concerning Seth Rich, who was murdered in Washington DC in July 2016. The Executive Office for U.S. Attorneys told Clevenger it would not search for records without proof of Rich's death. Clevenger filed an administrative appeal with the Office of Information Policy, which reversed EOUSA's original denial. The FBI told Clevenger that it could find no records pertaining to Rich. Clevenger submitted a FOIA request to the National Security Agency for records concerning correspondence sent by the agency to Congress pertaining to Rich and others. The agency indicated it was processing Clevenger's request, but after hearing nothing further for the NSA, Clevenger filed suit against all the agencies.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Recovery of Costs

DefendantU.S. Department Of Justice
DefendantFederal Bureau of Investigation
DefendantNational Security Agency
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-03-141COMPLAINT against Ty Clevenger, filed by Ty Clevenger. (Attachments: # 1 Civil Cover Sheet) (Davis, Kimberly) (Entered: 03/16/2018)
2018-03-14FILING FEE: $ 400, receipt number 4653125728 (Davis, Kimberly) (Entered: 03/16/2018)
2018-03-142Summons Issued as to Federal Bureau of Investigation, National Security Agency, U.S. Department Of Justice, U.S. Attorney and U.S. Attorney General (Davis, Kimberly) (Entered: 03/16/2018)
2018-03-145MOTION for leave to allow Pro Se to Electronically File by Ty Clevenger. (Tavarez, Jennifer) (Entered: 03/19/2018)
2018-03-163In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) (Entered: 03/16/2018)
2018-03-164ORDER: Enclosed is a copy of the "Individual Practices of Magistrate Judge Lois Bloom." Plaintiff and defendants, alike, are required to follow these rules. Plaintiff is to provide a copy of this Order and the enclosed rules to defendants along with the summonses and complaint. Accordingly, if service is not made upon the defendants by 6/12/2018, or if plaintiff fails to show good cause why such service has not been effected by that date, it will be recommended that the Court should dismiss this action without prejudice. Plaintiff may choose to receive electronic notification of court issued filings in this civil case. If plaintiff is eligible and wishes to receive electronic notification of court issued documents, plaintiff should complete the attached Registration and Consent form and return the form to the Court. SO ORDERED by Magistrate Judge Lois Bloom, on 3/16/2018. C/mailed w/Attachments: # 1 Individual Practices of Magistrate Judge Lois Bloom, # 2 Instruction for Pro Se Registration and Consent for Electronic Service of Orders and Notices Issued by the Court in Civil Cases, # 3 Pro Se Registration and Consent Form. ( Service upon Defendants due by 6/12/2018.) (Latka-Mucha, Wieslawa) (Entered: 03/16/2018)
2018-03-19ORDER denying 5 Motion for Leave to Allow Pro Se to Electronically File. So Ordered by Judge William F. Kuntz, II on 3/19/2018. (Choudhury, Farhana) (Entered: 03/19/2018)
2018-04-116Letter MOTION for Extension of Time to File Answer on behalf of all Defendants - on consent by U.S. Department Of Justice. (Mahoney, Kathleen) (Entered: 04/11/2018)
2018-04-11ORDER granting 6 Motion for Extension of Time to Answer All Parties. So Ordered by Judge William F. Kuntz, II on 4/11/2018. (Kuntz, William) (Entered: 04/11/2018)
2018-05-167ANSWER to 1 Complaint with Declaration of Service by All Defendants. (Mahoney, Kathleen) (Entered: 05/16/2018)
2018-05-188SCHEDULING ORDER: The Court shall hold an initial conference on 6/20/2018 at 12:00 p.m. in Courtroom 11A South of the United States Courthouse. As pro se plaintiff represents that he is an attorney, he shall immediately register to use the Electronic Case Filing (ECF) system. All attorneys are required to file their submissions electronically. SO ORDERED by Magistrate Judge Lois Bloom, on 5/17/2018. C/mailed. (Latka-Mucha, Wieslawa) (Entered: 05/18/2018)
2018-06-069MOTION to Amend/Correct/Supplement 1 Complaint Proposed Amended Complaint by Ty Clevenger. (Tavarez, Jennifer) (Entered: 06/07/2018)
2018-06-0610Pro Se Consent to Electronic Notification by Ty Clevenger. (Tavarez, Jennifer) (Entered: 06/07/2018)
2018-06-06Email Notification Test - DO NOT REPLY. (Tavarez, Jennifer) (Entered: 06/07/2018)
2018-06-1211Letter MOTION to Adjourn Conference (1) Extension of Time to File (a) Answer or Respond to First Amended Complaint and (b) Rule 26(f) Meeting Report; and (2) Request for Adjournment of conference scheduled for June 20, 2018 by U.S. Department Of Justice. (Mahoney, Kathleen) Modified. (Latka-Mucha, Wieslawa) (Entered: 06/12/2018)
2018-06-1212ORDER: By 11 letter-motion dated 6/12/2018, defendants request that the Court grant an extension of time for defendants to respond to the 9 First Amended Complaint, and adjourn the 6/20/2018 initial conference to a date after 7/13/2018. The requests are granted. Defendants shall respond to the First Amended Complaint by 7/11/2018. The Court shall hold an initial conference on 7/17/2018 at 11:30 a.m. in Courtroom 11A South. The parties shall exchange their Rule 26(a)(1) initial disclosures and file their Rule 26(f) Meeting Report with the Court by 7/12/2018. SO ORDERED by Magistrate Judge Lois Bloom, on 6/12/2018. (Initial Conference re-set for 7/17/2018 at 11:30 a.m. in Courtroom 11A South before Magistrate Judge Lois Bloom. Plaintiff's 9 Motion to Amend terminated. Defendants' Answer due by 7/11/2018. Parties' Rule 26(a)(1) initial disclosures and Rule 26(f) Meeting Report due by 7/12/2018.) Electronic notice to pro se Plaintiff via e-mail . (Latka-Mucha, Wieslawa) (Entered: 06/13/2018)
2018-07-1113ANSWER to Complaint Answer to First Amended Complaint with Declaration of Service by All Defendants. (Mahoney, Kathleen) (Entered: 07/11/2018)
2018-07-1214Letter to Honorable Lois Bloom on behalf of the parties regarding Rule 26(f) Meeting Report by U.S. Department Of Justice (Mahoney, Kathleen) (Entered: 07/12/2018)
2018-07-17Minute Entry for proceedings held before Magistrate Judge Lois Bloom:Initial Conference Hearing held on 7/17/2018 (FTR Log #11:28-11:30; 1:05-1:26.) (DeAtley, Tavish) (Entered: 07/17/2018)
2018-07-17SCHEDULING ORDER: The Court held an initial conference in this matter on July 17, 2018. As discussed on the record, the parties are encouraged to discuss plaintiff's outstanding FOIA requests. The Court shall hold a telephone status conference on August 23, 2018 at 11:00 a.m. After establishing contact with defendants' counsel, plaintiff's counsel shall telephone the Court at 718-613-2170. Parties are advised that they must contact each other before making any request for an adjournment to the Court. Any request for an adjournment must be received in writing at least forty-eight (48) hours before the scheduled conference. Ordered by Magistrate Judge Lois Bloom on 7/17/2018. (DeAtley, Tavish) (Entered: 07/17/2018)
2018-08-2215Letter to Honorable Lois Bloom in advance of conference summarizing status of Plaintiff's FOIA requests by U.S. Department Of Justice (Mahoney, Kathleen) (Entered: 08/22/2018)
2018-08-23Minute Entry for proceedings held before Magistrate Judge Lois Bloom:Telephone Conference held on 8/23/2018. (FTR Log #11:15-11:37.) (Burks, Jory) (Entered: 08/23/2018)
2018-08-23SCHEDULING ORDER: The Court held a telephone status conference in this FOIA action on August 23, 2018. As discussed on the record, the government is reviewing documents and shall make documents available to plaintiff on a rolling basis. The parties shall file a status report by October 9, 2018. The Court will hold a telephone status conference on October 11, 2018 at 10:00 a.m. After establishing contact with defendant's counsel, plaintiff's counsel shall contact the Court at (718) 613-2170. Ordered by Magistrate Judge Lois Bloom on 8/23/2018. (Burks, Jory) (Entered: 08/23/2018)
2018-10-0916STATUS REPORT by U.S. Department Of Justice (Attachments: # 1 Declaration) (Mahoney, Kathleen) (Entered: 10/09/2018)
2018-10-1017Letter dated 10/10/2018 to Magistrate Judge Bloom from Ty Clevenger regarding the events that have taken place since the last hearing. (See letter for details) (Tavarez, Jennifer) (Entered: 10/11/2018)
2018-10-11Minute Entry for proceedings held before Magistrate Judge Lois Bloom: Telephone Conference held on 10/11/2018. (FTR Log #10:20-10:35.) (Burks, Jory) (Entered: 10/11/2018)
2018-10-11ORDER: The Court held a telephone conference in this FOIA action on October 11, 2018. As discussed on the record, the parties shall file a status report by November 28, 2018. The Court shall hold a telephone status conference on December 5, 2018 at 10:30 a.m. After establishing contact with plaintiff's counsel, defendant's counsel shall contact the Court at (718) 613-2170. Ordered by Magistrate Judge Lois Bloom on 10/11/2018. (Burks, Jory) (Entered: 10/11/2018)
2018-11-2818STATUS REPORT by all Defendants by U.S. Department Of Justice (Mahoney, Kathleen) (Entered: 11/28/2018)
2018-12-03ORDER: Chief Judge Irizarry has authorized the closure of the Courthouse on Wednesday, December 5, 2018, to commemorate the National Day of Mourning in honor of President H.W. Bush's passing. As I have many conferences that day, I shall proceed with case conferences as scheduled unless the parties request otherwise. If the parties seek an adjournment of their conference, they shall advise my clerk of their availability on Monday, December 10, 2018 between 12:00-3:00 p.m. to reschedule their matters. Ordered by Magistrate Judge Lois Bloom on 12/3/2018. (Burks, Jory) (Entered: 12/03/2018)
2018-12-05Minute Entry for proceedings held before Magistrate Judge Lois Bloom: Telephone Conference held on 12/5/2018. (FTR Log #10:30-10:40.) (Burks, Jory) (Entered: 12/05/2018)
2018-12-05ORDER: The Court held a telephone conference in this FOIA action on December 5, 2018. As discussed on the record, defendants shall provide their final production in response to plaintiff's FOIA requests by December 12, 2018. The parties shall meet and confer regarding narrowing the issues for Summary Judgment. The parties shall file a pre-motion conference request by January 15, 2019 in accordance with Judge Kuntz's Individual Motion Practices and Rules. Ordered by Magistrate Judge Lois Bloom on 12/5/2018. (Burks, Jory) (Entered: 12/05/2018)
2019-01-1419Letter MOTION for Extension of Time to File pre-motion conference request - on consent by U.S. Department Of Justice. (Mahoney, Kathleen) (Entered: 01/14/2019)
2019-01-15ORDER: Defendants' write, with plaintiff's consent, to request an extension of time to file a pre-motion conference request. ECF No. 19 . The request is granted. The parties shall file any pre-motion conference request by January 22, 2019 in accordance with Judge Kuntz's Individual Motion Practices and Rules. Ordered by Magistrate Judge Lois Bloom on 1/15/2019. (Burks, Jory) (Entered: 01/15/2019)
2019-01-1820CONSENT to Jurisdiction by US Magistrate Judge by U.S. Department Of Justice. (Mahoney, Kathleen) (Entered: 01/18/2019)
2019-01-2221Letter requesting pre-motion conference for Defendants' contemplated motion for summary judgment (with proposed briefing schedule) by U.S. Department Of Justice (Mahoney, Kathleen) (Entered: 01/22/2019)
2019-01-23Case no longer referred to Magistrate Judge Lois Bloom. (Tavarez, Jennifer) (Entered: 01/23/2019)
2019-01-2322CONSENT to Jurisdiction by US Magistrate Judge Case reassigned to Magistrate Judge Lois Bloom for all further proceedings. Judge William F. Kuntz, II no longer assigned to case. Please download and review the Individual Practices of the assigned Judges, located on our website . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Tavarez, Jennifer) (Entered: 01/23/2019)
2019-01-25ORDER: Defendants' counsel writes to request a pre-motion conference and proposes a briefing schedule for defendants' anticipated summary judgment motion. No pre-motion conference is necessary at this time. The Court adopts the parties' proposed briefing schedule for summary judgment. Defendants' counsel shall serve their motion for summary judgment on plaintiff by March 8, 2019. Plaintiff shall serve his response on defendants' counsel by April 8, 2019. Defendants' counsel shall serve their reply on plaintiff and file the fully briefed motion for summary judgment by April 29, 2019. A courtesy copy of the fully briefed motion for summary judgment shall be delivered to chambers by that same date. Ordered by Magistrate Judge Lois Bloom on 1/25/2019. (Burks, Jory) (Entered: 01/25/2019)
2019-03-0623Letter MOTION for Extension of Time to File /Serve Defendants' motion for summary judgment by Federal Bureau of Investigation, National Security Agency, U.S. Department Of Justice. (Mahoney, Kathleen) (Entered: 03/06/2019)
2019-03-07ORDER: Defendants' counsel writes to request an extension of time for service of defendants' summary judgment motion. ECF No. 23 . The request is granted. The Court adopts the parties' proposed briefing schedule for one consolidated summary judgment motion. Defendants' counsel shall serve their motion for summary judgment on plaintiff by June 7, 2019. Plaintiff shall serve his response on defendants' counsel by July 8, 2019. Defendants' counsel shall serve their reply on plaintiff and file the fully briefed motion for summary judgment by July 29, 2019. A courtesy copy of the fully briefed motion for summary judgment shall be delivered to chambers by that same date. Defendants are reminded that Local Rule 56.2 requires special notice to a pro se litigant regarding a motion for Summary Judgment. Ordered by Magistrate Judge Lois Bloom on 3/7/2019. (Burks, Jory) (Entered: 03/07/2019)
2019-06-0524Letter MOTION for Extension of Time to File /serve Defendants' motion for summary judgment and remainder of briefing schedule - on consent by Federal Bureau of Investigation, National Security Agency, U.S. Department Of Justice. (Mahoney, Kathleen) (Entered: 06/05/2019)
2019-06-07ORDER: Defendants' counsel writes, with plaintiff's consent to request an extension of time for service of defendants' summary judgment motion. ECF No. 24 . This is defendants' second request. The request is granted. The Court adopts the parties' proposed briefing schedule. Defendants' counsel shall serve their motion for summary judgment on plaintiff by July 22, 2019. Plaintiff shall serve his response on defendants' counsel by August 22, 2019. Defendants' counsel shall serve their reply on plaintiff and file the fully briefed motion for summary judgment by September 12, 2019. A courtesy copy of the fully briefed motion for summary judgment shall be delivered to chambers by that same date. Defendant is reminded that Local Rule 56.2 requires special notice to a pro se litigant regarding a motion for Summary Judgment. Ordered by Magistrate Judge Lois Bloom on 6/7/2019. (Burks, Jory) (Entered: 06/07/2019)
2019-07-1825Letter MOTION for Extension of Time to File /serve Defendant's motion for summary judgment - until July 29, 2019; third request; on consent by Federal Bureau of Investigation, National Security Agency, U.S. Department Of Justice. (Mahoney, Kathleen) (Entered: 07/18/2019)
2019-07-19ORDER: Defendants' counsel writes, with plaintiff's consent to request an extension of time for service of defendants' summary judgment motion. ECF No. 25 . This is defendants' third request. The request is granted; however, no further extensions of time will be considered absent extraordinary circumstances. The Court adopts the parties' proposed briefing schedule. Defendants' counsel shall serve their motion for summary judgment on plaintiff by July 29, 2019. Plaintiff shall serve his response on defendants' counsel by August 29, 2019. Defendants' counsel shall serve their reply on plaintiff and file the fully briefed motion for summary judgment by September 19, 2019. A courtesy copy of the fully briefed motion for summary judgment shall be delivered to chambers by that same date. Defendant is reminded that Local Rule 56.2 requires special notice to a pro se litigant regarding a motion for Summary Judgment. Ordered by Magistrate Judge Lois Bloom on 7/19/2019. (Burks, Jory) (Entered: 07/19/2019)
2019-07-2926Letter to Plaintiff enclosing Defendants' motion for summary judgment by Federal Bureau of Investigation, National Security Agency, U.S. Department Of Justice (Mahoney, Kathleen) (Entered: 07/29/2019)
2019-08-2827MOTION for More Definite Statement /UNOPPOSED MOTION to permit ECF filing, filed by Ty Clevenger. (Galeano, Sonia) (Entered: 08/28/2019)
2019-08-2828MOTION for Extension of Time to File Response/Reply /UNOPPOSED MOTION for Extension of Tiime to respond to the Defts' motion for summary judgment dated 7/29/19, filed by Ty Clevenger. (Galeano, Sonia) (Entered: 08/28/2019)
2019-08-2829NOTICE of Proposed Orders re: Unopposed Motion to permit ECF filing and Motion for Extension of Time, filed by Ty Clevenger. (Galeano, Sonia) (Entered: 08/28/2019)
2019-08-29ORDER: Plaintiff writes, with defendants' consent, to request an extension of time to serve his response to defendants' motion for summary judgment. ECF No. 27 . Plaintiff also renews his request to allow Electronic Case Filing privileges. ECF No. 28 . The requests are granted. Plaintiff shall serve his response on defendants' counsel by September 13, 2019. Defendants' counsel shall serve their reply on plaintiff and file the fully briefed motion for summary judgment by September 27, 2019. A courtesy copy of the fully briefed motion for summary judgment shall be delivered to chambers by that same date. The Court shall permit pro se plaintiff attorney, Ty Clevenger, to register for and use the Court's ECF system for purposes of this case only. Ordered by Magistrate Judge Lois Bloom on 8/29/2019. (Burks, Jory) (Entered: 08/29/2019)
2019-09-1330MOTION for Extension of Time to File Response/Reply to Motion for Summary Judgment by Ty Clevenger. (Clevenger, Ty) (Entered: 09/13/2019)
2019-09-1631ORDER, endorsed on Plaintiff's 30 Motion for an Extension of Time to File Response/Reply to Defendants' 7/29/2019 Motion for Summary Judgment. Application is GRANTED . Plaintiff shall serve his response on defendants' counsel by September 17, 2019. Defendants' counsel shall serve their reply on plaintiff by October 1, 2019. SO ORDERED by Magistrate Judge Lois Bloom, on 9/16/2019. (Electronic notice to pro se Plaintiff via e-mail.) (Latka-Mucha, Wieslawa) (Entered: 09/17/2019)
2019-09-1732MOTION for Partial Summary Judgment and Response in Opposition to Defendants' Motion for Summary Judgment by Ty Clevenger. (Attachments: # 1 Exhibit A (Butowsky declaration), # 2 Exhibit B (Appeal letter), # 3 Proposed Judgment Proposed order) (Clevenger, Ty) (Entered: 09/17/2019)
2019-10-0133Notice of MOTION for Summary Judgment by Federal Bureau of Investigation, National Security Agency, U.S. Department Of Justice. (Attachments: # 1 Rule 56.1 Statement) (Mahoney, Kathleen) (Entered: 10/01/2019)
2019-10-0134NOTICE by Federal Bureau of Investigation, National Security Agency, U.S. Department Of Justice re 33 Notice of MOTION for Summary Judgment Notice to Pro Se Litigant (Local Civil Rule 56.2) with Fed. R. Civ. P. 56 and Local Civil Rule 56.1 attached (Mahoney, Kathleen) (Entered: 10/01/2019)
2019-10-0135MEMORANDUM in Support re 33 Notice of MOTION for Summary Judgment Memorandum of Law in Support of Defendants' Motion for Summary Judgment filed by Federal Bureau of Investigation, National Security Agency, U.S. Department Of Justice. (Mahoney, Kathleen) (Entered: 10/01/2019)
2019-10-0136AFFIDAVIT/DECLARATION in Support re 33 Notice of MOTION for Summary Judgment Declaration of Gail Brodfeuhrer filed by Federal Bureau of Investigation, National Security Agency, U.S. Department Of Justice. (Mahoney, Kathleen) (Entered: 10/01/2019)
2019-10-0137AFFIDAVIT/DECLARATION in Support re 33 Notice of MOTION for Summary Judgment Second Declaration of David M. Hardy filed by All Defendants. (Attachments: # 1 Exhibit Exhibits A to W) (Mahoney, Kathleen) (Entered: 10/01/2019)
2019-10-0138AFFIDAVIT/DECLARATION in Support re 33 Notice of MOTION for Summary Judgment Declaration of Kevin G. Tiernan filed by All Defendants. (Mahoney, Kathleen) (Entered: 10/01/2019)
2019-10-0139AFFIDAVIT/DECLARATION in Support re 33 Notice of MOTION for Summary Judgment Declaration of steven E. Thompson filed by All Defendants. (Mahoney, Kathleen) (Entered: 10/01/2019)
2019-10-0140NOTICE by Federal Bureau of Investigation, National Security Agency, U.S. Department Of Justice re 33 Notice of MOTION for Summary Judgment Defendants' Statement of Compliance with Local Civil Rule 7.2 (without attached decisions0 (Mahoney, Kathleen) (Entered: 10/01/2019)
2019-10-0141REPLY in Support re 33 Notice of MOTION for Summary Judgment Memorandum of Law in Further Support of Defendants' Motion for Summary Judgment and in Opposition to Plaintiff's Motion to Enjoin Compliance or Permit Discovery filed by All Defendants. (Mahoney, Kathleen) (Entered: 10/01/2019)
2019-10-0142NOTICE by Federal Bureau of Investigation, National Security Agency, U.S. Department Of Justice re 33 Notice of MOTION for Summary Judgment Defendants' Supplemental Statement of Compliance with Local Civil Rule 7.2 (without attached decisions) (Mahoney, Kathleen) (Entered: 10/01/2019)
2019-10-0143Letter to Honorable Lois Bloom enclosing courtesy copy of Defendants' motion for summary judgment by Federal Bureau of Investigation, National Security Agency, U.S. Department Of Justice (Mahoney, Kathleen) (Entered: 10/01/2019)
2019-10-0844MOTION for Discovery and Motion to Accept Supplemental Evidence by Ty Clevenger. (Attachments: # 1 Proposed Order) (Clevenger, Ty) (Entered: 10/08/2019)
2019-10-0845REPLY in Support re 32 MOTION for Partial Summary Judgment and Response in Opposition to Defendants' Motion for Summary Judgment filed by Ty Clevenger. (Clevenger, Ty) (Entered: 10/08/2019)
2019-10-10ORDER: Plaintiff moves to file supplemental evidence and to permit additional discovery. ECF Nos. 44 , 45 . Defendants' counsel shall respond to plaintiff's motions by October 15, 2019. The Court shall hold a telephone conference on October 18, 2019 at 11:15 a.m. Defendants' counsel is requested to arrange and initiate the conference call. After establishing contact with plaintiff, defendants' counsel shall call the Court at (718) 613-2170. Parties are advised that they must contact each other before making any request for an adjournment to the Court. Any request for an adjournment must be electronically filed with the Court at least forty-eight (48) hours before the scheduled conference. Ordered by Magistrate Judge Lois Bloom on 10/10/2019. (Burks, Jory) (Entered: 10/10/2019)
2019-10-1546RESPONSE in Opposition re 44 MOTION for Discovery and Motion to Accept Supplemental Evidence filed by All Defendants. (Mahoney, Kathleen) (Entered: 10/15/2019)
2019-10-1547Letter to Honorable Lois Bloom enclosing courtesy copy of Defendants' Memorandum of Law in Opposition to Plaintiff's Motion to Accept Supplemental Evidence and Plaintif's Motion to Permit Discovery by Federal Bureau of Investigation, National Security Agency, U.S. Department Of Justice (Mahoney, Kathleen) (Entered: 10/15/2019)
2019-10-18Minute Entry for proceedings held before Magistrate Judge Lois Bloom: Telephone Conference held on 10/18/2019. (FTR Log #11:19-11:37.) (Burks, Jory) (Entered: 10/18/2019)
2019-10-18ORDER: The Court held a telephone conference in plaintiff's FOIA case on October 18, 2019. For the reasons stated on the record, plaintiff's motion for discovery is denied. ECF No. 44 . The Court finds that plaintiff's proffer of a statement by former Assistant United States Attorney, Deborah Sines, on the podcast "Conspiracyland," does not rise to the level of bad faith required to justify the discovery plaintiff seeks. Ordered by Magistrate Judge Lois Bloom on 10/18/2019. (Burks, Jory) (Entered: 10/18/2019)
2019-10-3048MOTION to Stay proceedings pending deposition in related case by Ty Clevenger. (Attachments: # 1 Exhibit 1 (Flynn reply)) (Clevenger, Ty) (Entered: 10/30/2019)
2019-10-3149RESPONSE in Opposition re 48 MOTION to Stay proceedings pending deposition in related case Defendants' opposition to Plaintiff's reequest that the Court take judicial notice filed by All Defendants. (Attachments: # 1 Exhibit) (Mahoney, Kathleen) (Entered: 10/31/2019)
2019-10-3150REPLY to Response to Motion re 48 MOTION to Stay proceedings pending deposition in related case filed by Ty Clevenger. (Clevenger, Ty) (Entered: 10/31/2019)
2020-01-2751NOTICE by Ty Clevenger regarding possible fraud on the court (Attachments: # 1 Exhibit 1 (Letter to DOJ), # 2 Exhibit 2 (First Hardy declaration), # 3 Exhibit 3 (Second Hardy declaration), # 4 Exhibit 4 (TXED order), # 5 Exhibit 5 (October 8, 2019 reply)) (Clevenger, Ty) (Entered: 01/27/2020)
2020-01-2952Letter to Honorable Lois Bloom in response to Plaintiff's Notice (Dkt. #51) by Federal Bureau of Investigation (Attachments: # 1 Exhibit Exhibits A and B) (Mahoney, Kathleen) (Entered: 01/29/2020)
2020-02-0353MOTION for Hearing to take testimony , MOTION to Produce emails for in camera review by Ty Clevenger. (Attachments: # 1 Exhibit 1 (Hardy letter), # 2 Exhibit 2 (OIP reversal), # 3 Exhibit 3 (Email string)) (Clevenger, Ty) (Entered: 02/03/2020)
2020-02-04ORDER: Although there is a fully-briefed summary judgment motion sub judice , plaintiff moves the Court for an order directing the FBI to produce unredacted copies of the emails attached to defendants' ECF No. 52 letter and an order directing the FBI to produce Mr. Hardy for a deposition. ECF No. 53 . Defendants' counsel shall respond to plaintiff's motion by February 10, 2020. The Court shall hold a telephone conference on February 12, 2020 at 9:00 a.m. Defendants' counsel is requested to arrange and initiate the conference call. After establishing contact with plaintiff, defendants' counsel shall call the Court at (718) 613-2170. Parties are advised that they must contact each other before making any request for an adjournment to the Court. Any request for an adjournment must be electronically filed with the Court at least forty-eight (48) hours before the scheduled conference. Ordered by Magistrate Judge Lois Bloom on 2/4/2020. (Burks, Jory) (Entered: 02/04/2020)
2020-02-0754NOTICE by Ty Clevenger re Scheduling Order,,, (Letter to the Court) (Clevenger, Ty) (Entered: 02/07/2020)
2020-02-10ORDER: Plaintiff requests that Caitlin Sinclair, a reporter for One America News, be permitted to be on the line for the February 12, 2020 telephone conference. ECF No. 54 . Defendants take no position on the request. The request is granted. Plaintiff shall make the necessary arrangements for Ms. Sinclair to be on the line for the telephone conference. Ms. Sinclair will be able to listen, but will not be permitted to speak during the telephone conference. Ordered by Magistrate Judge Lois Bloom on 2/10/2020. (Burks, Jory) (Entered: 02/10/2020)
2020-02-1055RESPONSE in Opposition re 53 MOTION for Hearing to take testimony MOTION to Produce emails for in camera review Memorandum of Law in Opposition to Plaintiff's Motin for Evidentiary Hearing and Motion for In Camera Review filed by All Defendants. (Mahoney, Kathleen) (Entered: 02/10/2020)
2020-02-12ORDER: The Court held a telephone conference in plaintiff's FOIA case on February 12, 2020. For the reasons discussed on the record, the Court denies plaintiff's motion to stay the proceedings, motion for an evidentiary hearing, and motion to produce emails for in camera review. ECF Nos. 48 , 53 . Ordered by Magistrate Judge Lois Bloom on 2/12/2020. (Burks, Jory) (Entered: 02/12/2020)
2020-02-12Minute Entry for proceedings held before Magistrate Judge Lois Bloom: Telephone Conference held on 2/12/2020. (FTR Log #9:03-9:13.) (Burks, Jory) (Entered: 02/12/2020)
2020-03-1356TRANSCRIPT of Proceedings held on February 12, 2020, before Judge Bloom. Court Reporter/Transcriber Fiore Reporting and Transcription Service, Inc., Telephone number 203-929-9992. Email address: cmfiore@sbcglobal.net. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 4/3/2020. Redacted Transcript Deadline set for 4/13/2020. Release of Transcript Restriction set for 6/11/2020. (Hong, Loan) (Entered: 03/13/2020)
2020-03-2957NOTICE by Ty Clevenger of related development in another case (Clevenger, Ty) (Entered: 03/29/2020)
2020-04-0358ORDER: For the reasons stated in the attached Memorandum and Order, defendants' motion for summary judgment is granted, and plaintiff's motion for partial summary judgment is denied. The Clerk of Court shall enter judgment and close this case. See attached Memorandum and Order . Ordered by Magistrate Judge Lois Bloom on 4/3/2020. (Burks, Jory) (Entered: 04/03/2020)
2020-04-0659CLERK'S JUDGMENT, that defendants motion for summary judgment is granted;and that plaintiffs motion for partial summary judgment is denied. (Signed by Jalitza Poveda, Deputy Clerk on 4/6/2020) c/m via Clerks Office. (Galeano, Sonia) (Entered: 04/06/2020)
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