| Date Filed | Doc # | Docket Text |
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| 2018-07-03 | 1 | COMPLAINT filed against U.S. Department of Justice - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2413547.) - filed by William McMichael. (Attachments: # 1 Civil Cover Sheet)(fms) (Entered: 07/03/2018) |
| 2018-07-03 | 2 | Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (fms) (Entered: 07/03/2018) |
| 2018-07-03 | | No Summons Issued. (fms) (Entered: 07/03/2018) |
| 2018-07-06 | | Summons Issued with Magistrate Consent Notice attached as to U.S. Department of Justice on 7/6/2018. (crb) (Entered: 07/06/2018) |
| 2018-07-11 | | Case Assigned to Vacant Judgeship (2017). Please include initials of VAC after the case number on all documents filed. (rjb) (Entered: 07/11/2018) |
| 2018-07-11 | | CASE REFERRED to Magistrate Judge Christopher J. Burke. (This matter has been assigned to the Vacant Judgeship and referred to a Magistrate Judge for handling through case-dispositive motions. The Magistrate Judge has full authority permitted by law to manage this matter, including entering schedules through trial, deciding non-dispositive matters and making recommendations as to the resolution of dispositive matters. Litigants and counsel are reminded that they have the option of consenting to the Magistrate Judge to handle the case in full, including trial, or consenting to having a particular motion resolved by the Magistrate Judge.) (rjb) (Entered: 07/11/2018) |
| 2018-07-12 | 3 | MOTION for Pro Hac Vice Appearance of Attorney Britain R. Henry - filed by William McMichael. (Attachments: # 1 Certification of Britain R. Henry to be Admitted Pro Hac Vice, # 2 Text of Proposed Order)Motions referred to Christopher J. Burke.(Herington, Ellis) (Entered: 07/12/2018) |
| 2018-07-18 | | REMARK: The parties should be aware that the Court encourages the participation of newer attorneys in courtroom proceedings and at oral argument. Please see the Court's Standing Order Regarding Courtroom Opportunities for Newer Attorneys, a link to which is provided here for the parties' convenience: http://www.ded.uscourts.gov/sites/default/files/forms/StandingOrder2017.pdf (dlb) (Entered: 07/18/2018) |
| 2018-07-18 | | REMARK: If the parties jointly consent to have a Magistrate Judge conduct all proceedings in this case, including trial, then when Judge Burke enters a case schedule he will enter the respective pre-trial conference and trial dates onto his calendar and will honor them. Otherwise, in accordance with the District Court's procedures for "Assignment of Cases to Visiting Judges" (issued on May 26, 2017 and available on the District Court's website), then upon the filing of a case-dispositive motion (e.g., a motion to dismiss, a motion for judgment on the pleadings, a motion for summary judgment, or initiation of the claim construction process in a patent case), VAC cases will be considered ready for reassignment to a visiting District Judge. Whether the pre-trial conference and trial dates will stand after reassignment will depend on the availability of those dates on the visiting District Judge's calendar. (dlb) (Entered: 07/18/2018) |
| 2018-07-20 | | SO ORDERED D.I. 3 MOTION for Pro Hac Vice Appearance of Attorney Britain R. Henry filed by William McMichael. Ordered by Judge Christopher J. Burke on 7/20/2018. (dlb) (Entered: 07/20/2018) |
| 2018-07-30 | 4 | MOTION for Pro Hac Vice Appearance of Attorney Tuan Samahon - filed by William McMichael. (Attachments: # 1 Certification, # 2 Text of Proposed Order)Motions referred to Christopher J. Burke.(Chuff, Christopher) (Entered: 07/30/2018) |
| 2018-07-30 | 5 | SUMMONS Returned Executed by William McMichael. U.S. Department of Justice served on 7/6/2018, answer due 7/27/2018. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Herington, Ellis) (Entered: 07/30/2018) |
| 2018-08-03 | | SO ORDERED, re 4 MOTION for Pro Hac Vice Appearance of Attorney Tuan Samahon filed by William McMichael. Ordered by Judge Christopher J. Burke on 8/3/2018. (jcs) (Entered: 08/03/2018) |
| 2018-08-08 | 6 | ANSWER to 1 Complaint by U.S. Department of Justice.(Robinson, Graham) (Entered: 08/08/2018) |
| 2018-08-09 | | ORAL ORDER: IT IS HEREBY ORDERED that the parties shall meet and confer regarding the content of a proposed Scheduling Order, and shall submit such a proposed Scheduling Order to the Court no later than thirty (30) days from the date of this Order. The parties should review Judge Burkes form Rule 16 Scheduling Order Non Patent, which can be found on Judge Burkes portion of the District Court's website under the Forms tab: (www.ded.uscourts.gov/judge/magistrate-judge-christopher-j-burke). If there are disputed issues between the parties regarding the content of the Scheduling Order, the parties should note those areas of dispute in the proposed Scheduling Order, along with their proposals for the language the Court should adopt as to that issue. In addition, the parties may each separately file a letter (of no more than two single-spaced pages) setting forth their position as to these disputed issues. Ordered by Judge Christopher J. Burke on 8/9/2018. (dlb) (Entered: 08/09/2018) |
| 2018-08-15 | | Pro Hac Vice Attorney Britain R. Henry for William McMichael added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg) (Entered: 08/15/2018) |
| 2018-08-16 | | Pro Hac Vice Attorney Tuan Samahon for William McMichael added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (crb) (Entered: 08/16/2018) |
| 2018-08-23 | 7 | Joint STIPULATION to Stay Proceedings with Proposed Order by U.S. Department of Justice. (Robinson, Graham) (Entered: 08/23/2018) |
| 2018-08-23 | | SO ORDERED D.I. 7 Stipulation to Stay Proceedings filed by U.S. Department of Justice. Ordered by Judge Christopher J. Burke on 8/23/2018. (dlb) (Entered: 08/23/2018) |
| 2018-08-31 | | Case Reassigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) (Entered: 08/31/2018) |
| 2018-09-05 | 8 | CONSENT to Jurisdiction by U.S. Magistrate Judge. Case reassigned to Magistrate Judge Christopher J. Burke. Signed by Judge Maryellen Noreika on 9/5/2018. (dlw) (Entered: 09/05/2018) |
| 2018-10-31 | 9 | NOTICE of Change of Affiliation by William McMichael regarding Tuan N. Samahon and Britain R. Henry (Herington, Ellis) (Entered: 10/31/2018) |
| 2019-03-22 | 10 | Joint STATUS REPORT , Stipulation, and Proposed Order to Continue to Stay Proceedings by William McMichael. (Chuff, Christopher) (Entered: 03/22/2019) |
| 2019-03-25 | | SO ORDERED D.I. 7 Stipulation to Continue to Stay Proceedings filed by U.S. Department of Justice. Ordered by Judge Christopher J. Burke on 3/25/2019. (dlb) (Entered: 03/25/2019) |
| 2019-12-10 | 11 | STATUS REPORT by U.S. Department of Justice. (Robinson, Graham) (Entered: 12/10/2019) |
| 2019-12-11 | 12 | ORAL ORDER granting D.I. 11 Status Report, Stipulation and Proposed Order filed by U.S. Department of Justice. The Court also hereby ORDERS the parties to submit a joint status report, no later than January 11, 2020, regarding whether the case should remain stayed, the status of production of records, and the need, if any, for a conference with the Court. Ordered by Judge Christopher J. Burke on 12/11/2019. (dlb) (Entered: 12/11/2019) |
| 2019-12-11 | 13 | NOTICE requesting Clerk to remove Ellis E. Herington as co-counsel. Reason for request: no longer with the firm. (Cline, Joanna) (Entered: 12/11/2019) |
| 2020-01-10 | 14 | Joint STATUS REPORT , Stipulation, and Proposed Order to Continue to Stay Proceedings by U.S. Department of Justice. (Robinson, Graham) (Entered: 01/10/2020) |
| 2020-01-13 | 15 | ORAL ORDER: granting D.I. 14 Joint Status Report, Stipulation and Proposed Order. The Court also hereby ORDERS the parties to submit a joint status report, no later than February 12, 2020, regarding whether the case should remain stayed, the status of production of records, and the need, if any, for a conference with the Court. Ordered by Judge Christopher J. Burke on 1/13/2020. (dlb) (Entered: 01/13/2020) |
| 2020-02-12 | 16 | Joint STATUS REPORT , Stipulation, and Proposed Order to Continue to Stay Proceedings by U.S. Department of Justice. (Robinson, Graham) (Entered: 02/12/2020) |
| 2020-02-12 | 17 | ORAL ORDER granting D.I. 16 Joint Status Report, Stipulation and Proposed Order. The Court also hereby ORDERS the parties to submit a joint status report, no later than April 15, 2020, regarding whether the case should remain stayed, the status of production of records, and the need, if any, for a conference with the Court. Ordered by Judge Christopher J. Burke on 2/12/2020. (dlb) (Entered: 02/12/2020) |
| 2020-04-01 | 18 | Joint STATUS REPORT STIPULATION, AND PROPOSED ORDER TO CONTINUE TO STAY PROCEEDINGS by U.S. Department of Justice. (Robinson, Graham) (Entered: 04/01/2020) |
| 2020-04-06 | 19 | ORAL ORDER granting D.I. 18 Joint Status Report, Stipulation and Proposed Order. The Court also hereby ORDERS the parties to submit a joint status report, no later than July 15, 2020, regarding whether the case should remain stayed, the status of production of records, and the need, if any, for a conference with the Court. Ordered by Judge Christopher J. Burke on 4/3/2020. (dlb) (Entered: 04/06/2020) |
| 2020-07-16 | 20 | Joint STATUS REPORT by U.S. Department of Justice. (Robinson, Graham) (Entered: 07/16/2020) |
| 2020-07-20 | 21 | ORAL ORDER Setting Teleconference: The Court, having considered the parties' joint letter dated July 16, 2020, (D.I. 20), understands that the case stay expired on July 15, 2020, (D.I. 18; D.I. 19), and that the parties dispute whether it is appropriate to continue the stay until August 14, 2020, (D.I. 20). Therefore, the Court HEREBY ORDERS as follows: (1) The parties shall attend a case status teleconference on August 3, 2020, at 2:00 PM.; (2) By no later than July 30, 2020 the parties shall submit a joint letters, no longer than three (3) pages double-spaced, explaining their respective views as to whether the case should remain stayed.; (3) By no later than July 30, 2020, the parties shall jointly provide the Courts Courtroom Deputy, Ms. Benyo, with a dial-in number via e-mail to use for the August 3 call.; and (4) The Case is presently STAYED until the August 3 call. Ordered by Judge Christopher J. Burke on 7/20/2020. (dlb) Modified on 7/22/2020 (dlb). (Entered: 07/20/2020) |
| 2020-07-22 | | CORRECTING ENTRY: The text for the entry setting the status teleconference for 8/3/2020 has been corrected to reflect the time for the status teleconference is 2:00 PM. (dlb) (Entered: 07/22/2020) |
| 2020-07-30 | 22 | Joint STATUS REPORT by U.S. Department of Justice. (Robinson, Graham) (Entered: 07/30/2020) |
| 2020-08-03 | | Minute Entry for proceedings held before Judge Christopher J. Burke - Status Conference held on 8/3/2020. The Court heard the parties' views regarding how the case should proceed. The Court will issue a subsequent oral order. (Court Reporter Valerie Gunning. Clerk: Schwerin) APPEARANCES: C. Chuff and B. Henry for Plaintiff; G. Robinson for Defendant. (mlc) (Entered: 08/03/2020) |
| 2020-08-03 | 23 | ORAL ORDER: The Court, having considered the parties' joint status report, (D.I. 22 ), and having heard the parties' views at the August 3, 2020 status conference, HEREBY ORDERS as follows: (1) The stay of the case is LIFTED.; and (2) By August 10, 2020, the parties shall meet and confer and submit a stipulated schedule for briefing and argument on summary judgment motion(s), as discussed during the status conference.Ordered by Judge Christopher J. Burke on 8/3/2020. (mlc) (Entered: 08/03/2020) |
| 2020-08-10 | 24 | Letter to The Honorable Christopher J. Burke from Christopher B. Chuff regarding case status and summary judgment. (Chuff, Christopher) (Entered: 08/10/2020) |
| 2020-08-10 | 25 | MOTION to Amend/Correct 1 Complaint - filed by William McMichael. (Attachments: # 1 Certificate of Service, # 2 Text of Proposed Order, # 3 Exhibit A - Supplemental Complaint, # 4 Exhibit 1 to Supplemental Complaint, # 5 Exhibit 2 to Supplemental Complaint, # 6 Exhibit 3 to Supplemental Complaint, # 7 Exhibit 4 to Supplemental Complaint, # 8 Redline of Supplemental Complaint)(Chuff, Christopher) (Entered: 08/10/2020) |
| 2020-08-11 | | SO ORDERED D.I. 25 MOTION to Amend/Correct 1 Complaint filed by William McMichael. Ordered by Judge Christopher J. Burke on 8/11/2020. (dlb) (Entered: 08/11/2020) |
| 2020-08-14 | 26 | AMENDED COMPLAINT against U.S. Department of Justice- filed by William McMichael. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Chuff, Christopher) (Entered: 08/14/2020) |
| 2020-08-14 | 27 | Joint STIPULATION TO EXTEND TIME Answer to Supplemental Complaint to 60 days - filed by U.S. Department of Justice. (Robinson, Graham) (Entered: 08/14/2020) |
| 2020-08-14 | | SO ORDERED D.I. 27 Joint STIPULATION TO EXTEND TIME Answer to Supplemental Complaint to 60 days filed by U.S. Department of Justice. Ordered by Judge Christopher J. Burke on 8/14/2020. (dlb) (Entered: 08/14/2020) |
| 2020-10-08 | 28 | ANSWER to Amended Complaint, re: 26 Amended Complaint by U.S. Department of Justice.(Robinson, Graham) (Entered: 10/08/2020) |
| 2020-10-19 | 29 | ORAL ORDER: IT IS HEREBY ORDERED that the parties shall: (1) confer regarding proposed dates in the scheduling order and shall submit a proposal to the Court no later than November 16, 2020. The Court's form scheduling order is posted at http://www.ded.uscourts.gov (see Chambers, Judge Burke, Forms). (2) If there are disputed issues between the parties regarding the content of the Scheduling Order, the parties should note those areas of dispute in the Proposed Order, along with their proposals for the language the Court should adopt as to that issue. In addition, the parties may each separately file a letter (of no more than two single-spaced pages) setting forth their position as to these disputed issues. Ordered by Judge Christopher J. Burke on 10/19/2020. (dlb) (Entered: 10/19/2020) |
| 2020-11-16 | 30 | Joint STATUS REPORT by U.S. Department of Justice. (Robinson, Graham) (Entered: 11/16/2020) |
| 2020-11-16 | 31 | ORAL ORDER: The Court, having reviewed the parties' joint status report, (D.I. 30 ), hereby ORDERS that all proceedings in this case shall be stayed until May 31, 2021. By no later than that date, the parties shall provide the Court with a joint status report, of no more than three single-spaced pages, as to the status of the case. Case stayed. Ordered by Judge Christopher J. Burke on 11/16/2020. (mlc) (Entered: 11/16/2020) |
| 2021-05-27 | 32 | Joint STATUS REPORT and Proposed Order to Stay Proceedings by U.S. Department of Justice. (Robinson, Graham) (Entered: 05/27/2021) |
| 2021-05-28 | 33 | ORAL ORDER: The Court, having reviewed the parties' joint status report, (D.I.32), hereby ORDERS that all proceedings in this case shall remain stayed until September 3, 2021. By no later than that date, the parties shall provide the Court with a joint status report, of no more than three single-spaced pages, as to the status of the case. Case stayed. Ordered by Judge Christopher J. Burke on 5/28/2021. (dlb) (Entered: 05/28/2021) |
| 2021-08-26 | 34 | Joint STATUS REPORT with Proposed Order to Stay by U.S. Department of Justice. (Robinson, Graham) (Entered: 08/26/2021) |
| 2021-08-27 | 35 | ORAL ORDER Setting Teleconference: The Court has reviewed the parties' August 26, 2021 joint status report and proposed order to stay proceedings. (D.I. 34) In line with the parties' request therein, the Court hereby ORDERS that the current stay in this case shall be extended through October 1, 2021. By no later than that date, the parties shall provide the Court with a joint status report, of no more than three single-spaced pages, as to the status of the case. A status teleconference is also scheduled for October 4, 2021 at 11:00 a.m. By no later than October 1, 2021, the parties shall jointly provide the Courts Courtroom Deputy, Ms. Benyo, with dial-in information for the call. Ordered by Judge Christopher J. Burke on 8/27/2021. (dlb) (Entered: 08/27/2021) |
| 2021-09-29 | 36 | Joint STATUS REPORT AND PROPOSED ORDER TO STAY PROCEEDINGS by U.S. Department of Justice. (Robinson, Graham) (Entered: 09/29/2021) |
| 2021-10-01 | 37 | ORAL ORDER: The Court has reviewed the parties' joint status report filed on September 29, 2021, (D.I. 36). In light of the parties' requests therein: (1) the case remains STAYED until October 18, 2021; (2) by no later than that date, the parties should provide the Court with a joint status report, including an indication of whether the Court should schedule a status teleconference; and (3) the teleconference scheduled for October 4, 2021 at 11:00 AM is CANCELLED. Signed by Judge Christopher J. Burke on 10/1/2021. (dlb) (Entered: 10/01/2021) |
| 2021-10-18 | 38 | Joint STATUS REPORT and Proposed Order by U.S. Department of Justice. (Robinson, Graham) (Entered: 10/18/2021) |
| 2021-10-18 | 39 | ORAL ORDER: The Court has reviewed the parties' joint status report filed on October 18, 2021, (D.I. 38). In light of the parties' request therein: (1) the case remains STAYED until October 25, 2021; and (2) by no later than that date, the parties should provide the Court with a joint status report, including an indication of whether the Court should schedule a status teleconference. Ordered by Judge Christopher J. Burke on 10/18/2021. (dlb) (Entered: 10/18/2021) |
| 2021-10-25 | 40 | Joint STATUS REPORT AND PROPOSED ORDER TO STAY PROCEEDINGS by U.S. Department of Justice. (Robinson, Graham) (Entered: 10/25/2021) |
| 2021-10-26 | 41 | ORAL ORDER: The Court has reviewed the parties' joint status report filed on October 25, 2021, (D.I. 40). In light of the parties' request therein: (1) the case remains STAYED until November 1, 2021; and (2) by no later than that date, the parties should provide the Court with a joint status report, including an indication of whether the Court should schedule a status teleconference. Ordered by Judge Christopher J. Burke on 10/26/2021. (dlb) (Entered: 10/26/2021) |
| 2021-11-01 | 42 | Joint STATUS REPORT by U.S. Department of Justice. (Robinson, Graham) (Entered: 11/01/2021) |
| 2021-11-01 | | REMARK: Stay lifted per Oral Order at D.I. 41 (dlb) (dlb) (Entered: 05/17/2022) |
| 2021-11-02 | | So Ordered D. I. 42 Status Report and Stipulation filed by U.S. Department of Justice requesting a briefing schedule regarding attorney fees. The Plaintiff will file his Opening Brief by December 14, 2021; the Defendant will file its Response Brief by January 11, 2022; and the Plaintiff will file his Reply Brief by January 25, 2022. Ordered by Judge Christopher J. Burke on 11/2/2021. (dlb) (Entered: 11/02/2021) |
| 2021-12-14 | 43 | MOTION for Attorney Fees / Plaintiffs Motion For Attorneys Fees And Costs - filed by William McMichael. (Attachments: # 1 Exhibit A GLP Hours Summary, # 2 Exhibit B Troutman Pepper Hours, # 3 Exhibit C McMichael Declaration, # 4 Exhibit D CLS Matrix, # 5 Exhibit E Samahon Declaration, # 6 Exhibit F Henry Declaration, # 7 Exhibit G Chuff Declaration, # 8 Exhibit H 10-25-17 FOIA Request, # 9 Exhibit I 11-16-17 Letter, # 10 Exhibit J 5-23-18 Email, # 11 Proposed Order, # 12 Certificate of Service)(Chuff, Christopher) (Entered: 12/14/2021) |
| 2021-12-21 | 44 | MOTION for Extension of Time to File Response/Reply as to 43 MOTION for Attorney Fees / Plaintiffs Motion For Attorneys Fees And Costs UNOPPOSED - filed by U.S. Department of Justice. (Robinson, Graham) (Entered: 12/21/2021) |
| 2021-12-21 | | SO ORDERED D.I. 44 MOTION for Extension of Time to File Response/Reply as to 43 MOTION for Attorney Fees / Plaintiffs Motion For Attorneys Fees And Costs UNOPPOSED filed by U.S. Department of Justice.Ordered by Judge Christopher J. Burke on 12/21/2021. (mlc) (Entered: 12/21/2021) |
| 2022-02-08 | 45 | RESPONSE to Motion re 43 MOTION for Attorney Fees / Plaintiffs Motion For Attorneys Fees And Costs filed by U.S. Department of Justice. (Attachments: # 1 Exhibit A-D)(Robinson, Graham) (Entered: 02/08/2022) |
| 2022-02-22 | 46 | REPLY BRIEF re 43 MOTION for Attorney Fees / Plaintiffs Motion For Attorneys Fees And Costs / REPLY TO DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION FOR ATTORNEY'S FEES AND COSTS filed by William McMichael. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Certificate of Service)(Wheatley, Emily) (Entered: 02/22/2022) |
| 2022-03-02 | | Remark: The Court has not received the required (2) two courtesy copies of D.I. 43 These documents should be delivered as soon as possible to the Court. The motion will not be considered by the Court until the copies are received. (dlb) (Entered: 03/02/2022) |
| 2022-04-07 | | Remark: The required courtesy copies have been received for D.I. 43. (dlb) (Entered: 04/07/2022) |
| 2022-09-30 | 47 | MEMORANDUM OPINION AND ORDER regarding D.I. 43 MOTION for Attorney Fees / Plaintiffs Motion For Attorneys Fees And Costs filed by William McMichael. Signed by Judge Christopher J. Burke on 9/30/22. (mlc) (Entered: 09/30/2022) |
| 2022-09-30 | 48 | ORAL ORDER: The Court hereby ORDERS that within 10 days from today's date, the parties shall file a joint status report advising the Court as to whether there is any reason that the Court should not now close the case. Ordered by Judge Christopher J. Burke on 9/30/22. (mlc) (Entered: 09/30/2022) |
| 2022-10-07 | 49 | Joint STATUS REPORT by William McMichael. (Chuff, Christopher) (Entered: 10/07/2022) |
| 2022-10-07 | | CASE CLOSED per D.I. 49 Joint Status Report by William McMichael. (smg) (Entered: 10/07/2022) |
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