Case Detail

FOIA Project Annotation: Judge Rudolph Contreras has ruled that the U.S. Marshals Service has not yet shown that it conducted an adequate search for records concerning stingray cellphone tracking surveillance that may have been used in the investigation of Mario Dion Woodward, who was convicted of murdering a police officer in Montgomery, Alabama. After the agency did not provide any records in response to Woodward's FOIA request, and denied his administrative appeal, Woodward filed suit. His suit prompted the agency to disclose 300 pages of responsive records with redactions under Exemption 6 (invasion of privacy), Exemption 7(C) (invasion of privacy concerning law enforcement record), Exemption 7(E) (investigative methods or techniques), and Exemption 7(F) (harm to person). Woodward argued that ACLU v. Dept of Justice, 655 F.3d 1 (D.C. Cir. 2011), in which the D.C. Circuit ruled that disclosure of records on the number of prosecutions based on warrantless surveillance was in the public interest, supported Woodward's public interest argument here. But Contreras pointed out that "here, the requested information would not shed 'light on the scope and effectiveness of cell phone tracking as a law enforcement tool.' Even derivative uses of the requested information �" personally identifying information of individuals involved in Plaintiff's case �" would not plausibly speak to substantive law enforcement policy in general, as the request in ACLU did. Instead, the requested information might uncover evidence that could be useful in the Plaintiff's other litigation but that would not implicate a cognizable public interest in the Exemption 7(C) analysis." But Contreras agreed with Woodward that the D.C. Circuit's ruling in Roth v. Dept of Justice, 642 F.3d 1161 (D.C. Cir. 2011), in which the D.C. Circuit recognized a heightened public interest in cases involving death row inmates, suggested further review. He explained that "the court appreciates the gravity of plaintiff's status as a death row inmate. To confirm for itself that the withheld information does not implicate the public interest in knowing whether the federal government engaged in unconstitutional conduct in plaintiff's case, the court will review in camera the withheld material." Contreras also found that while the agency had justified some of its 7(E) claims, it had failed to do so for others. He observed that "although the court has concluded that some of USMS's Exemption 7(E) justifications are appropriate, it cannot yet grant partial summary judgment in its favor given these circumstances. The court will await further justification from USMS on its Exemption 7(E) claims before ruling on segregability."
Issues: Exemption 7(E) - Investigative methods or techniques, Litigation - Jurisdiction

FOIA Project Annotation: Judge Rudolph Contreras has ruled that the U.S. Marshals Service failed to show that it properly withheld 56 pages that the agency had withheld entirely from Mario Woodward in response to his FOIA request for records pertaining to the use of cell phone tracking technology during a criminal investigation that ultimately led to his conviction and death sentence for capital murder. In his second opinion in the case, after having reviewed the records in camera, Contreras found that the agency had failed to explain why it withheld 56 pages of sealed pen register orders and related materials in light of the holding in Morgan v. Dept of Justice, 923 F.2d 195 (D.C. Cir. 1991), requiring agencies to show that the existence of sealing orders continued to prohibit their disclosure under FOIA. Contreras ordered USMS to submit a supplemental affidavit considering the application of Morgan in these conditions. In his third decision, Contreras rejected the agency's claim that the records were protected by Exemption 3 (other statutes), arguing that the court sealing orders required that the records be withheld. Contreras indicated that "USMS's motion fails to even mention Morgan, let alone grapple directly with the substantive analysis it requires. Remarkably, USMS also fails to respond to extensive argument based on Morgan in Plaintiff's cross-motion. The closest USMS got was to cite a later D.C. Circuit case interpreting Morgan in an erroneous attempt to merge the Morgan analysis with the analysis of its claim to Exemption 3." Indeed, he noted that the agency's affidavit "does include relevant argument and factual allegations responsive to the question of whether the sealing orders were intended to permanently enjoin disclosure pursuant to FOIA, which the Court has endeavored to retrofit to the Morgan analysis. As explained below, the Court finds that USMS has not carried its burden to show that the sealing orders were intended to bar disclosure." Contreras noted that "because the text of the orders does not bind the government to nondisclosure, and because the stated goal of the nondisclosure obligations the order placed on phone companies and their employees is to protect an investigation that ended in 2008, nothing in the order supports an inference that they were intended to forever enjoin the government from disclosure pursuant to FOIA." USMS argued that the sealing orders were issued under the Pen Register Act, which implied that the records should remain sealed. However, Contreras observed that "the Pen Register Act requires the court, before ordering a pen register or trap and trace device, to confirm 'that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation' This suggests that sealing orders entered under the Pen Register Act are primarily intended to prevent disclosure during the pendency of the relevant criminal investigation and prosecution, and perhaps even during related prosecutions, but not that they are intended to restrict 'any future decision by the government to release the records pursuant to FOIA.'" Contreras also found that USMS had waived its right to claim Exemption 3 because it failed to cite it as one of the original reasons for withholding the records and, instead, only cited it later. He noted that "USMS largely ignored this instruction, failing even to reference the Morgan analysis in its present filings and instead focusing almost exclusively on its new claim to Exemption 3."
Issues: Exemption 3 - Statutory prohibition of disclosure

Date Filed	Doc #	Docket Text
2018-05-29	1	COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES MARSHALS SERVICE ( Filing fee $ 400 receipt number 0090-5505343) filed by MARIO DION WOODWARD. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Civil Cover Sheet, # 13 Summons U.S. Department of Justice, # 14 Summons U.S. Attorney General, # 15 Summons U.S. Attorney, # 16 Summons U.S. Marshals Service)(Kennedy, John) (Entered: 05/29/2018)
2018-05-30		Case Assigned to Judge Rudolph Contreras. (zsb) (Entered: 05/30/2018)
2018-05-30	2	SUMMONS (4) Issued Electronically as to UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES MARSHALS SERVICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 05/30/2018)
2018-06-05	3	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Geoffrey G. Young, :Firm- Reed Smith LLP, :Address- 599 Lexington Ave., New York, New York 10022. Phone No. - 212-521-5400. Fax No. - 212-521-5450 Filing fee $ 100, receipt number 0090-5517095. Fee Status: Fee Paid. by MARIO DION WOODWARD (Attachments: # 1 Exhibit A - Declaration of Geoffrey G. Young, # 2 Text of Proposed Order)(Kennedy, John) (Entered: 06/05/2018)
2018-06-06		MINUTE ORDER granting 3 Motion for Leave to Appear Pro Hac Vice : Pursuant to Local Civil Rule 83.2(d), it is hereby ORDERED that Geoffrey G. Young is admitted to represent Plaintiff pro hac vice in this case. SO ORDERED. Signed by Judge Rudolph Contreras on June 6, 2018. (lcrc2) (Entered: 06/06/2018)
2018-08-06	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/9/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 8/8/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 07/09/18., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 7/9/2018; UNITED STATES MARSHALS SERVICE served on 7/9/2018 (Attachments: # 1 Exhibit A - USPS Certified Mail Receipts)(Kennedy, John) (Entered: 08/06/2018)
2018-08-08	5	ANSWER to Complaint by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES MARSHALS SERVICE.(Peterson, Benton) (Entered: 08/08/2018)
2018-08-08		MINUTE ORDER: It is hereby ORDERED that the parties shall meet, confer, and jointly submit a proposed briefing schedule by August 22, 2018. SO ORDERED. Signed by Judge Rudolph Contreras on August 8, 2018. (lcrc2) (Entered: 08/08/2018)
2018-08-09		Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 8/22/2018. (hs) (Entered: 08/09/2018)
2018-08-22	6	Joint STATUS REPORT by MARIO DION WOODWARD. (Kennedy, John) (Entered: 08/22/2018)
2018-08-22		MINUTE ORDER: Upon consideration of 6 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit another joint status report by October 3, 2018. SO ORDERED. Signed by Judge Rudolph Contreras on August 22, 2018. (lcrc2) (Entered: 08/22/2018)
2018-08-22		Set/Reset Deadlines: Status Report due by 10/3/2018 (tj) (Entered: 08/22/2018)
2018-10-03	7	Joint STATUS REPORT by MARIO DION WOODWARD. (Kennedy, John) (Entered: 10/03/2018)
2018-10-03		MINUTE ORDER: It is hereby ORDERED that the parties shall meet, confer, and submit a joint status report on or before November 7, 2018. SO ORDERED. Signed by Judge Rudolph Contreras on 10/3/2018. (lcrc2) (Entered: 10/03/2018)
2018-11-07	8	Joint STATUS REPORT by MARIO DION WOODWARD. (Kennedy, John) (Entered: 11/07/2018)
2018-11-07		MINUTE ORDER: Upon consideration of 8 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report by December 5, 2018. SO ORDERED. Signed by Judge Rudolph Contreras on 11/7/2018. (lcrc2) (Entered: 11/07/2018)
2018-11-08		Set/Reset Deadlines: Status Report due by 12/5/2018 (tj) (Entered: 11/08/2018)
2018-12-05	9	Joint STATUS REPORT by MARIO DION WOODWARD. (Kennedy, John) (Entered: 12/05/2018)
2018-12-05		MINUTE ORDER: Upon consideration of 9 the parties' join status report, it is hereby ORDERED that the parties shall file another joint status report by January 9, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on December 5, 2018. (lcrc2) (Entered: 12/05/2018)
2018-12-10		Set/Reset Deadlines: Status Report due by 1/9/2019 (tj) (Entered: 12/10/2018)
2019-01-07	10	Consent MOTION to Stay , MOTION for Extension of Time to in Light of Lapse of Appropriations by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES MARSHALS SERVICE (Attachments: # 1 Text of Proposed Order)(Hudak, Brian) (Entered: 01/07/2019)
2019-01-24		MINUTE ORDER granting 10 Motion to Stay: It is hereby ORDERED that this case is STAYED until appropriations are restored to the Department of Justice. The joint status report previously due on January 9, 2019 shall now be filed within 7 days of appropriations being restored. SO ORDERED. Signed by Judge Rudolph Contreras on January 24, 2019. (lcrc2) (Entered: 01/24/2019)
2019-02-01	11	Joint STATUS REPORT by MARIO DION WOODWARD. (Kennedy, John) (Entered: 02/01/2019)
2019-02-01		MINUTE ORDER: Upon consideration of 11 the parties' Joint Status Report, it is hereby ORDERED that the parties will file another joint status report by March 8, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on February 1, 2019. (lcrc2) (Entered: 02/01/2019)
2019-02-06		Set/Reset Deadlines: Status Report due by 3/8/2019 (tj) (Entered: 02/06/2019)
2019-02-15	12	NOTICE OF SUBSTITUTION OF COUNSEL by Christopher Charles Hair on behalf of All Defendants (Hair, Christopher) (Entered: 02/15/2019)
2019-03-08	13	Joint STATUS REPORT by MARIO DION WOODWARD. (Kennedy, John) (Entered: 03/08/2019)
2019-03-08		MINUTE ORDER: Upon consideration of 13 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report by April 12, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on March 8, 2019. (lcrc2) (Entered: 03/08/2019)
2019-03-11		Set/Reset Deadlines: Status Report due by 4/12/2019 (tj) (Entered: 03/11/2019)
2019-04-12	14	Joint STATUS REPORT by MARIO DION WOODWARD. (Kennedy, John) (Entered: 04/12/2019)
2019-04-12		MINUTE ORDER: Upon consideration of 14 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report by June 7, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on April 12, 2019. (lcrc2) (Entered: 04/12/2019)
2019-04-18		Set/Reset Deadlines: Status Report due by 6/7/2019 (tj) (Entered: 04/18/2019)
2019-06-07	15	Joint STATUS REPORT by MARIO DION WOODWARD. (Kennedy, John) (Entered: 06/07/2019)
2019-06-07		MINUTE ORDER: Upon consideration of 15 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report by July 12, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on June 7, 2019. (lcrc2) (Entered: 06/07/2019)
2019-06-07		Set/Reset Deadlines: Status Report due by 7/12/2019 (tj) (Entered: 06/07/2019)
2019-07-12	16	Joint STATUS REPORT by MARIO DION WOODWARD. (Kennedy, John) (Entered: 07/12/2019)
2019-07-12		MINUTE ORDER: Upon consideration of 16 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report by August 27, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on July 12, 2019. (lcrc2) (Entered: 07/12/2019)
2019-08-27	17	Joint STATUS REPORT by MARIO DION WOODWARD. (Kennedy, John) (Entered: 08/27/2019)
2019-08-28		MINUTE ORDER: Upon consideration of 17 the parties' Joint Status Report, it is hereby ordered that the parties shall file another joint status report by September 27, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on August 28, 2019. (lcrc2) (Entered: 08/28/2019)
2019-08-28		Set/Reset Deadlines: Status Report due by 9/27/2019. (tj) (Entered: 08/28/2019)
2019-08-30		Set/Reset Deadlines: Status Report due by 9/27/2019 (tj) (Entered: 08/30/2019)
2019-09-27	18	Joint STATUS REPORT by MARIO DION WOODWARD. (Kennedy, John) (Entered: 09/27/2019)
2019-09-30		MINUTE ORDER: Upon consideration of 18 the parties' Joint Status Report, it is hereby ordered that the parties shall file another joint status report on or before October 25, 2019. SO ORDERED Signed by Judge Rudolph Contreras on 09/30/2019. (lcrc2) (Entered: 09/30/2019)
2019-10-25	19	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES MARSHALS SERVICE. (Hair, Christopher) (Entered: 10/25/2019)
2019-10-25	20	STIPULATION of Dismissal as to Civil Rights Division only by MARIO DION WOODWARD. (Kennedy, John) (Entered: 10/25/2019)
2019-10-25		MINUTE ORDER: Upon consideration of 19 the parties' Joint Status Report, it is hereby ordered that the parties shall file another joint status report on or before December 11, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on 10/25/2019. (lcrc2) (Entered: 10/25/2019)
2019-12-11	21	Joint STATUS REPORT by MARIO DION WOODWARD. (Kennedy, John) (Entered: 12/11/2019)
2019-12-11		MINUTE ORDER: Upon consideration of 21 the parties' Joint Status Report, it is hereby ordered that the parties shall file another joint status report on or before January 17, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 12/11/2019. (lcrc2) (Entered: 12/11/2019)
2019-12-12		Set/Reset Deadlines: Status Report due by 1/17/2020 (tj) (Entered: 12/12/2019)
2020-01-17	22	Joint STATUS REPORT by MARIO DION WOODWARD. (Kennedy, John) (Entered: 01/17/2020)
2020-01-17		MINUTE ORDER: Upon consideration of 22 the parties' Joint Status Report, it is hereby ordered that the parties shall file another joint status report on or before February 21, 2020. (So Ordered Judge Rudolph Contreras on 1/17/2020)(lcrc2) (Entered: 01/17/2020)
2020-01-29		Set/Reset Deadlines: Status Report due by 2/21/2020 (tj) (Entered: 01/29/2020)
2020-02-21	23	Joint STATUS REPORT by MARIO DION WOODWARD. (Kennedy, John) (Entered: 02/21/2020)
2020-02-21		MINUTE ORDER: Upon consideration of 23 the parties' Joint Status Report, it is hereby ordered that the parties shall file another joint status report on or before March 27, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 2/21/2020. (lcrc2) (Entered: 02/21/2020)
2020-03-03		Set/Reset Deadlines: Status Report due by 3/27/2020 (tj) (Entered: 03/03/2020)
2020-03-27	24	Joint STATUS REPORT by MARIO DION WOODWARD. (Kennedy, John) (Entered: 03/27/2020)
2020-03-27		MINUTE ORDER: Upon consideration of 24 the parties' Joint Status Report, it is hereby ordered that the parties shall file another joint status report on or before May 15, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 3/27/2020. (lcrc2) (Entered: 03/27/2020)
2020-03-27		Set/Reset Deadlines: Joint Status Report due by 5/15/2020. (zcal) (Entered: 03/27/2020)
2020-05-15	25	Joint STATUS REPORT by MARIO DION WOODWARD. (Kennedy, John) (Entered: 05/15/2020)
2020-05-15		MINUTE ORDER: Upon consideration of 25 the parties Joint Status Report it is hereby ORDERED that the parties shall file another Joint Status Report on or before July 10, 2020. By the time this next Joint Status Report is filed, more than a year will have passed since the USMS made its supplemental production in June of 2019. Accordingly the Court expects that the parties next Joint Status Report shall include either notification that this matter has been resolved or a proposed briefing schedule. SO ORDERED. Signed by Judge Rudolph Contreras on 5/15/2020. (lcrc2) (Entered: 05/15/2020)
2020-05-18		Set/Reset Deadlines: Status Report due by 7/10/2020 (tj) (Entered: 05/18/2020)
2020-07-10	26	Joint STATUS REPORT by MARIO DION WOODWARD. (Kennedy, John) (Entered: 07/10/2020)
2020-07-10		MINUTE ORDER: Upon consideration of 26 the parties' Joint Status Report it is hereby ORDERED that the following schedule shall govern summary judgment briefing in this case: The Government shall file a motion for summary judgment on or before September 9, 2020. Plaintiff shall file an opposition on or before November 10, 2020. The Government shall file its reply, if any, on or before December 9, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 7/10/2020. (lcrc2) (Entered: 07/10/2020)
2020-07-10		Set/Reset Deadlines: Summary Judgment motions due by 9/9/2020. Response to Motion for Summary Judgment due by 11/10/2020. Reply to Motion for Summary Judgment due by 12/9/2020. (tj) (Entered: 07/10/2020)
2020-09-09	27	MOTION for Summary Judgment by UNITED STATES MARSHALS SERVICE (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration of Charlotte Luckstone and Exhibits, # 4 Text of Proposed Order)(Hair, Christopher) (Entered: 09/09/2020)
2020-09-11	28	ERRATA (Correcting Exhibit 3 to Luckstone Declaration) by UNITED STATES MARSHALS SERVICE 27 MOTION for Summary Judgment filed by UNITED STATES MARSHALS SERVICE. (Attachments: # 1 Exhibit (Corrected Exhibit 3))(Hair, Christopher) (Entered: 09/11/2020)
2020-10-26	29	Unopposed MOTION for Extension of Time to File Response/Reply as to 27 MOTION for Summary Judgment by MARIO DION WOODWARD (Attachments: # 1 Exhibit 1 (Proposed Order))(Kennedy, John) (Entered: 10/26/2020)
2020-10-26		MINUTE ORDER granting 29 Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendant's Motion for Summary Judgment. It is hereby ORDERED that Plaintiff shall file his response to Defendant's Motion for Summary Judgment on or before November 24, 2020, and Defendant shall file his reply on or before December 23, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 10/26/2020. (lcrc2) (Entered: 10/26/2020)
2020-10-27		Set/Reset Deadlines: Response to Motion for Summary Judgment due by 11/24/2020. Reply to Motion for Summary Judgment due by 12/23/2020. (tj) (Entered: 10/27/2020)
2020-11-23	30	Unopposed MOTION for Extension of Time to File Response/Reply as to 27 MOTION for Summary Judgment by MARIO DION WOODWARD (Attachments: # 1 Exhibit Proposed Order)(Kennedy, John) (Entered: 11/23/2020)
2020-11-23		MINUTE ORDER: granting 30 Plaintiff's Second Unopposed Motion for Extension of Time to Respond to Defendant's Motion for Summary Judgment. It is hereby ORDERED that Plaintiff's Opposition to Defendant's Motion for Summary Judgment and cross-motion for Summary Judgment shall be filed on or before December 8, 2020, and Defendant's Reply in Further Support of its Motion for Summary Judgment and Opposition to Plaintiff's anticipated cross-motion shall be filed on or before January 6, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 11/23/2020. (lcrc2) (Entered: 11/23/2020)
2020-11-24		Set/Reset Deadlines: Response to Motion for Summary Judgment and Cross Motion due by 12/8/2020. Reply to Motion for Summary Judgment and response to Cross Motion due by 1/6/2021. (zgdf) (Entered: 11/24/2020)
2020-12-08	31	ENTERED IN ERROR.....RESPONSE re 27 MOTION for Summary Judgment filed by MARIO DION WOODWARD. (Attachments: # 1 Exhibit 1 (Dec. 28, 2015 FOIA Request), # 2 Exhibit 2 (USMS Production), # 3 Memorandum of Law in Opposition to Defendant's Motion for Summary Judgment, # 4 Statement of Material Disputed Facts, # 5 Proposed Order)(Kennedy, John); Modified on 12/9/2020 (ztth). (Entered: 12/08/2020)
2020-12-08	32	Cross MOTION for Summary Judgment by MARIO DION WOODWARD (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order)(Kennedy, John) (Entered: 12/08/2020)
2020-12-09		NOTICE OF CORRECTED DOCKET ENTRY: re 31 Response to motion, was entered in error and counsel was instructed to refile said pleading with the correct document uploaded in the main document field. (ztth) (Entered: 12/09/2020)
2020-12-09	33	RESPONSE re 27 MOTION for Summary Judgment filed by MARIO DION WOODWARD. (Attachments: # 1 Declaration of John Kennedy, # 2 Exhibit 1 (Dec. 28, 2015 FOIA Request), # 3 Exhibit 2 (USMS Production), # 4 Statement of Facts, # 5 Text of Proposed Order)(Kennedy, John) (Entered: 12/09/2020)
2021-01-06	34	Memorandum in opposition to re 32 Cross MOTION for Summary Judgment filed by UNITED STATES MARSHALS SERVICE. (Attachments: # 1 Statement of Facts (In Response to Plaintiff's Statement of Facts))(Hair, Christopher) (Entered: 01/06/2021)
2021-01-06	35	REPLY to opposition to motion re 27 MOTION for Summary Judgment filed by UNITED STATES MARSHALS SERVICE. (Hair, Christopher) (Entered: 01/06/2021)
2021-04-20	36	ORDER denying 27 Defendant's Motion for Summary Judgment and denying 32 Plaintiff's Motion for Summary Judgment. See document for details. Signed by Judge Rudolph Contreras on 4/20/2021. (lcrc3) (Entered: 04/20/2021)
2021-04-20	37	MEMORANDUM OPINION denying 27 Defendant's Motion for Summary Judgment and denying 32 Plaintiff's Motion for Summary Judgment. See document for details. Signed by Judge Rudolph Contreras on 4/20/2021. (lcrc3) (Entered: 04/20/2021)
2021-04-20		Set/Reset Deadlines: Unredacted version of document production due by 5/20/2021. Renewed Motion for Summary Judgment due by 5/20/2021. (tj) (Entered: 04/20/2021)
2021-05-19	38	Consent MOTION for Extension of Time to File Renewed Summary Judgment Motion And Submit Documents For In Camera Review by UNITED STATES MARSHALS SERVICE. (Hair, Christopher) (Entered: 05/19/2021)
2021-05-19		MINUTE ORDER: granting 38 Defendant's Consent Motion for Extension of Time. It is hereby ORDERED that Defendant's renewed summary judgment motion and in camera submission are due on June 3, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 5/19/2021. (lcrc2) (Entered: 05/19/2021)
2021-05-19		Set/Reset Deadlines: In-Camera Submission due by 6/3/2021; Summary Judgment motions due by 6/3/2021. (tj) (Entered: 05/19/2021)
2021-06-03	39	NOTICE of In Camera Submission by UNITED STATES MARSHALS SERVICE re 36 Order on Motion for Summary Judgment, (Hair, Christopher) (Entered: 06/03/2021)
2021-06-03	40	MOTION for Summary Judgment (Renewed) by UNITED STATES MARSHALS SERVICE. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Charlotte Luckstone (Supplemental), # 4 Exhibit A (Supplemental Vaughn Index), # 5 Text of Proposed Order)(Hair, Christopher) (Entered: 06/03/2021)
2021-06-15	41	Unopposed MOTION for Extension of Time to File Response/Reply as to 40 MOTION for Summary Judgment (Renewed) by MARIO DION WOODWARD. (Attachments: # 1 Text of Proposed Order)(Kennedy, John) (Entered: 06/15/2021)
2021-06-15		MINUTE ORDER: granting 41 Plaintiff's Motion for Extension of Time to Respond to Defendants' Renewed Motion for Summary Judgment. It is hereby ordered that Plaintiff may file his response to 40 Defendants' Renewed Motion for Summary Judgment on or before July 8, 2021, and Defendants shall file its reply on or before July 29, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 6/15/2021. (lcrc2) (Entered: 06/15/2021)
2021-07-08	42	RESPONSE re 40 MOTION for Summary Judgment (Renewed) filed by MARIO DION WOODWARD. (Attachments: # 1 Declaration of John P. Kennedy, # 2 Plaintiff's Statement of Material Disputed Facts, # 3 Text of Proposed Order)(Kennedy, John) (Entered: 07/08/2021)
2021-07-08	43	Cross MOTION for Summary Judgment (Renewed) by MARIO DION WOODWARD. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order)(Kennedy, John) (Entered: 07/08/2021)
2021-07-29	44	REPLY to opposition to motion re 40 MOTION for Summary Judgment (Renewed) filed by UNITED STATES MARSHALS SERVICE. (Hair, Christopher) (Entered: 07/29/2021)
2021-07-29	45	Memorandum in opposition to re 43 Cross MOTION for Summary Judgment (Renewed) filed by UNITED STATES MARSHALS SERVICE. (Attachments: # 1 Statement of Facts (Response to Plaintiff's Statement of Facts))(Hair, Christopher) (Entered: 07/29/2021)
2021-12-16		MINUTE ORDER: In the pending renewed 40 43 cross motions for summary judgment, the parties have identified specific page numbers that were withheld in full and whose withholdings require resolution by this Court: pages 23, 38, 40, 41-53, and 72-137 of the USMS's June 14, 2019 production. See 26 Joint Status Report. However, the Bates numbering on the in camera production provided to the Court does not correspond to the descriptions of those pages in the Vaughn Index. Accordingly, it is hereby ORDERED that Defendant shall provide a notice to the Court identifying the corresponding Bates numbers of the in camera production for the contested pages on or before December 23, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 12/16/2021. (lcrc2) (Entered: 12/16/2021)
2021-12-23	46	NOTICE of Corrected In Camera Submission by UNITED STATES MARSHALS SERVICE re Order,,, (Hair, Christopher) Modified on 12/28/2021 to correct file date due to ECF outage (zjf). (Entered: 12/27/2021)
2021-12-27	46	NOTICE of Corrected In Camera Submission by UNITED STATES MARSHALS SERVICE re Order,,, (Hair, Christopher) (Entered: 12/27/2021)
2022-02-01	47	ORDER: GRANTING IN PART AND DENYING IN PART 40 Defendant's Renewed Motion for Summary Judgment; GRANTING IN PART AND DENYING IN PART 43 Plaintiff's Renewed Motion for Summary Judgment. See Document for details. Signed by Judge Rudolph Contreras on 02/01/2022. (lcrc2) (Entered: 02/01/2022)
2022-02-01	48	MEMORANDUM OPINION: GRANTING IN PART AND DENYING IN PART 40 Defendant's Renewed Motion for Summary Judgment; GRANTING IN PART AND DENYING IN PART 43 Plaintiff's Renewed Motion for Summary Judgment. See document for details. Signed by Judge Rudolph Contreras on 02/01/2022. (lcrc2) (Entered: 02/01/2022)
2022-04-08	49	NOTICE OF SUBSTITUTION OF COUNSEL by Marsha Wellknown Yee on behalf of UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES MARSHALS SERVICE Substituting for attorney Christopher C. Hair (Yee, Marsha) (Entered: 04/08/2022)
2022-04-25	50	Joint STATUS REPORT by MARIO DION WOODWARD. (Kennedy, John) (Entered: 04/25/2022)
2022-04-25		MINUTE ORDER: Upon consideration of 50 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit another Joint Status Report on or before May 6, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 4/25/2022. (lcrc2) (Entered: 04/25/2022)
2022-05-04	51	Joint STATUS REPORT by MARIO DION WOODWARD. (Kennedy, John) (Entered: 05/04/2022)
2022-05-04		MINUTE ORDER: Upon consideration of 51 the parties' Joint Status Report, it is hereby ORDERED that the following schedule shall govern further briefing in this matter: Defendant's renewed motion for summary judgment is due on or before June 9, 2022; Plaintiff's combined opposition and cross-motion for summary judgment is due on or before July 14, 2022; Defendant's combined reply and opposition is due on or before August 11, 2022; and Plaintiff's reply is due on or before September 8, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 5/4/22. (lcrc2) (Entered: 05/04/2022)
2022-06-08	52	Unopposed MOTION for Extension of Time to File Defendant's Renewed Motion for Summary Judgment and to Modify Remainder of Briefing Schedule by UNITED STATES MARSHALS SERVICE. (Attachments: # 1 Text of Proposed Order)(Yee, Marsha) (Entered: 06/08/2022)
2022-06-08		MINUTE ORDER: Upon consideration of 52 the Unopposed Motion for Extension of Time to File Defendant's Renewed Motion for Summary Judgment and to Modify Remainder of the Briefing Schedule, it is hereby ORDERED that the motion is GRANTED, and the following schedule shall govern further briefing in this matter: Defendant's renewed motion for summary judgment is due on or before July 14, 2022; Plaintiff's combined opposition and cross-motion for summary judgment is due on or before August 25, 2022; Defendant's combined reply and opposition is due on or before September 22, 2022; and Plaintiff's reply is due on or before October 20, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 06/08/2022. (lcrc2) (Entered: 06/08/2022)
2022-07-14	53	MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES MARSHALS SERVICE. (Attachments: # 1 Statement of Facts, # 2 Third Suppl. Luckstone Decl., # 3 Text of Proposed Order)(Yee, Marsha) (Entered: 07/14/2022)
2022-08-23	54	Unopposed MOTION for Extension of Time to REMAINING BRIEFING SCHEDULE by MARIO DION WOODWARD. (Attachments: # 1 Text of Proposed Order)(Kennedy, John) (Entered: 08/23/2022)
2022-08-23		MINUTE ORDER granting 54 Unopposed Motion for Extension of Remaining Briefing Schedule: It is hereby ORDERED that the motion is GRANTED, and the remaining briefing schedule is modified as follows: Plaintiff's Opposition and Cross Motion is due on or before September 1, 2022; Defendant's Reply and Opposition is due on or before September 29, 2022; and Plaintiff's reply is due on or before October 27, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 8/23/2022. (lcrc2) (Entered: 08/23/2022)
2022-09-01	55	RESPONSE re 53 MOTION for Summary Judgment filed by MARIO DION WOODWARD. (Attachments: # 1 Declaration, # 2 Plaintiff's Statement of Material Disputed Facts, # 3 Text of Proposed Order)(Kennedy, John) (Entered: 09/01/2022)
2022-09-01	56	Cross MOTION for Summary Judgment by MARIO DION WOODWARD. (Attachments: # 1 Memorandum in Support, # 2 Plaintiff's Statement of Material Facts, # 3 Text of Proposed Order)(Kennedy, John) (Entered: 09/01/2022)
2022-09-29	57	REPLY to opposition to motion re 53 MOTION for Summary Judgment filed by UNITED STATES MARSHALS SERVICE. (Attachments: # 1 Def.'s Resps. to Pl.'s SMF, # 2 Text of Proposed Order)(Yee, Marsha) (Entered: 09/29/2022)
2022-09-29	58	Memorandum in opposition to re 56 Motion for Summary Judgment filed by UNITED STATES MARSHALS SERVICE. (Attachments: # 1 Def.'s Resps. to Pl's SMF, # 2 Text of Proposed Order)(Yee, Marsha) (Entered: 09/29/2022)
2022-10-27	59	REPLY to opposition to motion re 56 Cross MOTION for Summary Judgment Reply Memorandum of Law in Further Support filed by MARIO DION WOODWARD. (Kennedy, John) (Entered: 10/27/2022)
2022-12-27	60	ORDER denying 53 Defendant's Motion for Summary Judgment and granting 56 Plaintiff's Cross-Motion for Summary Judgment. See document for details. Signed by Judge Rudolph Contreras on 12/27/22. (lcrc2) (Entered: 12/27/2022)
2022-12-27	61	MEMORANDUM OPINION denying 53 Defendant's Motion for Summary Judgment and granting 56 Plaintiff's Cross-Motion for Summary Judgment. See document for details. Signed by Judge Rudolph Contreras on 12/27/22. (lcrc2) (Entered: 12/27/2022)
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