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Case TitleKuzma v. U. S. Department of Justice
DistrictWestern District of New York
CityBuffalo
Case Number1:2019cv00597
Date Filed2019-05-08
Date ClosedOpen
JudgeHon. Richard J. Arcara
PlaintiffMichael Kuzma
Case DescriptionMichael Kuzma submitted FOIA requests to the Executive Office for U.S. Attorneys and the U.S. Attorney for South Dakota for records concerning Ray Robinson. The agency acknowledged receipt of the requests. The agencies then denied the request. Kuzma filed an administrative appeal. The agency acknowledged receipt of the administrative appeal. Kuzma also filed an administrative appeal to the Office of Information Policy for the USASD denial. That appeal was denied by OIP but after hearing nothing further from the agency, Kuzma filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU. S. Department of Justice
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [49]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-05-081COMPLAINT against U. S. Department of Justice $ 400 receipt number 0209-3445452, filed by Michael Kuzma. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Irwin, Daire) (Entered: 05/08/2019)
2019-05-10Case assigned to Hon. Richard J. Arcara. Notification to Chambers of on-line civil case opening. (SG) (Entered: 05/10/2019)
2019-05-10AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution(SG) (Entered: 05/10/2019)
2019-05-10Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (SG) (Entered: 05/10/2019)
2019-05-102Summons Issued as to U. S. Department of Justice.(SG) (Entered: 05/10/2019)
2019-05-253AFFIDAVIT of Service for Summons and Complaint served on Mark Witzleben on May 16, 2019, filed by Michael Kuzma. (Irwin, Daire) (Entered: 05/25/2019)
2019-06-194ANSWER to 1 Complaint by U. S. Department of Justice.(Cerrone, Michael) (Entered: 06/19/2019)
2019-06-215TEXT ORDER REFERRING CASE to Magistrate Judge Hon. Jeremiah J. McCarthy. The Magistrate Judge is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. Section 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. Section 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. Section 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Hon. Richard J. Arcara on 6/21/2019. (LAS) (Entered: 06/21/2019)
2019-06-246TEXT ORDER: A status conference is scheduled for July 9, 2019 at 3:00 p.m. Counsel may appear in person or participate by telephone in the conference. For those electing to participate by telephone, the court has arranged a dial-in teleconference. To access the teleconference, the parties shall dial (703) 724-3100, enter access code 4100030#, and then pin 9999# sufficiently in advance of the conference. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 6/24/19. (DAZ) (Entered: 06/24/2019)
2019-06-24CALENDAR EVENT : Status Conference set for 7/9/2019 at 03:00 PM before Hon. Jeremiah J. McCarthy. (DAZ) (Entered: 06/24/2019)
2019-06-247TEXT ORDER : At defendant's request and with plaintiff's consent, the July 9, 2019 status conference is rescheduled for July 18, 2019 at 02:00 PM before Hon. Jeremiah J. McCarthy. Counsel may appear in person or participate by telephone in the conference. For those electing to participate by telephone, the court has arranged a dial-in teleconference. To access the teleconference, the parties shall dial (703) 724-3100, enter access code 4100030#, and then pin 9999# sufficiently in advance of the conference. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 6/24/19. (DAZ) (Entered: 06/24/2019)
2019-07-188Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 7/18/2019. Discussed history of cases and pending motions. Court sets another status conference for September 18, 2019 at 2:00 PM. APPEARANCES: Daire Brian Irwin for plaintiff; Plaintiff Michael Kuzma; Michael Cerrone for defendant. (FTR GOLD) Associated Cases: 1:16-cv-00347-RJA-JJM, 1:19-cv-00597-RJA-JJM(DAZ) (Entered: 07/18/2019)
2019-09-04CALENDAR EVENT : Status Conference set for 9/18/2019 at 02:00 PM before Hon. Jeremiah J. McCarthy.(DAZ) (Entered: 09/04/2019)
2019-09-189Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 9/18/2019. Case No. 16-CV-347 is fully briefed. Parties continue to communicate and try to narrow the issues. Court sets a further conference for October 31, 2019 at 11:00 AM. APPEARANCES: Daire Brian Irwin with plaintiff Michael Kuzma; Michael Cerrone for defendant. (FTR GOLD) Associated Cases: 1:16-cv-00347-RJA-JJM, 1:19-cv-00597-RJA-JJM(DAZ) (Entered: 09/18/2019)
2019-09-18CALENDAR EVENT : Status Conference set for 10/31/2019 at 11:00 AM before Hon. Jeremiah J. McCarthy. (DAZ) (Entered: 09/18/2019)
2019-10-3110Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 10/31/2019. Defense counsel provides update on the case. Additional records forthcoming. Court sets January 30, 2020 at 11:00 AM for another status conference. APPEARANCES: D. Irwin for plaintiff; plaintiff M. Kuzma; M. Cerrone, D. Coriell for defendant. (FTR GOLD) (DAZ) (Entered: 10/31/2019)
2019-10-31CALENDAR EVENT : Status Conference set for 1/30/2020 at 11:00 AM before Hon. Jeremiah J. McCarthy. (DAZ) (Entered: 10/31/2019)
2020-01-1011MOTION to Adjourn the January 30, 2020 Status Conference by U. S. Department of Justice (Michael Cerrone). (Filed with permission of Hon. Jeremiah J. McCarthy).(DAZ) (Entered: 01/10/2020)
2020-01-1012TEXT ORDER : The defendant's unopposed motion 11 to adjourn the January 30, 2020 status conference is granted. The January 30, 2020 status conference is rescheduled for March 30, 2020 at 04:00 PM before Hon. Jeremiah J. McCarthy. Counsel may appear in person or participate by telephone in the conference. For those electing to participate by telephone, the court has arranged a dial-in teleconference. To access the teleconference, the parties shall dial (703) 724-3100, enter access code 4100030#, and then pin 9999# sufficiently in advance of the conference. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 1/10/20. (DAZ) (Entered: 01/10/2020)
2020-01-10CALENDAR EVENT : Status Conference set for 3/30/2020 at 04:00 PM before Hon. Jeremiah J. McCarthy. (DAZ) (Entered: 01/10/2020)
2020-03-2313MOTION to Adjourn Status Conference by U. S. Department of Justice. (Attachments: # 1 Declaration with Ex. A)(Cerrone, Michael) (Entered: 03/23/2020)
2020-03-2314TEXT ORDER: The defendant's unopposed motion 13 to adjourn the March 30, 2020 status conference is granted. The March 30, 2020 status conference is rescheduled for May 29, 2020 at 03:00 PM before Hon. Jeremiah J. McCarthy. Counsel should participate by telephone in the conference by dialing (703) 724-3100, enter access code 4100030#, and then pin 9999# sufficiently in advance of the conference. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 3/23/20. (DAZ) (Entered: 03/23/2020)
2020-03-23CALENDAR EVENT: Status Conference set for 5/29/2020 at 03:00 PM before Hon. Jeremiah J. McCarthy. (DAZ) (Entered: 03/23/2020)
2020-05-1515MOTION to Adjourn May 29, 2020 Status Conference by U. S. Department of Justice.(Cerrone, Michael) (Entered: 05/15/2020)
2020-05-1516DECLARATION signed by Michael S. Cerrone re 15 MOTION to Adjourn May 29, 2020 Status Conference filed by U. S. Department of Justice . (Attachments: # 1 Attachment)(Cerrone, Michael) (Entered: 05/15/2020)
2020-05-1517TEXT ORDER: The defendant's unopposed motion 15 to adjourn the May 29, 2020 status conference is granted. A video/telephonic status conference is rescheduled for August 27, 2020 at 10:00 AM before Hon. Jeremiah J. McCarthy. Arrangements for the conference will be circulated in advance. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 5/15/2020. (JD) (Entered: 05/15/2020)
2020-05-15CALENDAR ENTRY: Status Conference set for 8/27/2020 at 10:00 AM before Hon. Jeremiah J. McCarthy. (JD) (Entered: 05/15/2020)
2020-08-21CALENDAR ENTRY: The August 27, 2020 10:00 a.m. telephonic status conference will be held by AT&T Teleconference. To access the teleconference, the parties shall dial 888-808-6929 and enter access code 1533000#. If you are prompted to enter a security code, press the star (*) to skip. (EG) (Entered: 08/21/2020)
2020-08-2718TEXT ORDER: As agreed to by counsel at today's telephonic conference, the scheduling of case management order deadlines, including those for production of a Vaughn index and the filing of dispositive motions, is deferred pending a telephonic status conference scheduled for October 26, 2020 at 10:00 a.m. If the case does not settle by that time, the parties shall be prepared to address scheduling. To access the October 26, 2020 teleconference, the parties shall dial 888-808-6929 and enter access code 1533000#. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 08/27/2020. (MDY) (Entered: 08/27/2020)
2020-08-2719Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 8/27/2020. The parties provide an update to the court regarding the status of discovery. Upon defendant's request, and with plaintiff's consent, scheduling will be deferred for 60 days and another status conference will be held on October 26, 2020 at 10:00 a.m. to allow the parties to attempt to resolve the outstanding request for materials. APPEARANCES: Daire Irwin and Michael Kuzma for plaintiff; Michael Cerrone for defendant. (AT&T) (EG) (Entered: 08/28/2020)
2020-10-2620Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 10/26/2020. The government provides an update to the court regarding the status of plaintiff's FOIA request. The government requests, with plaintiff's consent, that scheduling will be deferred for another 30 days to determine FOIA timeline. Scheduling conference discussed and set. Text Order to follow. APPEARANCES: Daire Irwin and Michael Kuzma for plaintiff; Michael Cerrone for defendant (AT&T) (EG) (Entered: 10/26/2020)
2020-10-2621TEXT ORDER: As agreed to by the parties at today's telephonic conference, the scheduling of case management order deadlines is deferred. A scheduling conference is set for December 2, 2020 at 10:00 a.m. before Hon. Jeremiah J. McCarthy. If the case does not settle by that time, the parties shall be prepared to address scheduling of case management order deadlines, including those for production of a Vaughn index and the filing of dispositive motions. To access the December 2, 2020 teleconference, the parties shall dial 888-808-6929 and enter access code 1533000#. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 10/26/2020. (EG) (Entered: 10/26/2020)
2020-12-0222Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Telephonic Scheduling Conference held on 12/2/2020. The government provides an update to the court regarding the status of plaintiff's FOIA request. The government requests, with plaintiff's consent, that scheduling will be deferred for another 30-45 days to determine FOIA timeline. A new scheduling conference discussed and set. The court informs the parties that a schedule will be set at that appearance. Text Order to follow. APPEARANCES: Daire Irwin and Michael Kuzma for plaintiff; Michael Cerrone for defendant (AT&T) (EG) (Entered: 12/02/2020)
2020-12-0223TEXT ORDER: As agreed to by the parties at today's telephonic conference, the scheduling of case management order deadlines is deferred. A scheduling conference is set for February 17, 2021 at 11:00 a.m. before Hon. Jeremiah J. McCarthy. If the case does not settle by that time, the parties shall be prepared to address scheduling of case management order deadlines, including those for production of a Vaughn index and the filing of dispositive motions. To access the February 17, 2021 teleconference, the parties shall dial 888-808-6929 and enter access code 1533000#. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 12/2/2020. (EG) (Entered: 12/02/2020)
2021-02-1724Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Scheduling Conference held on 2/17/2021. Counsel for the parties appear by telephone and give an update on the status of plaintiff's FOIA requests. The court directs the parties to confer and submit a proposed scheduling order, with due accommodation for the logistical difficulties described by the government. Text order to follow. APPEARANCES (by telephone): Plaintiff with Daire Irwin; AUSA Michael Cerrone (AT&T)(EG) (Entered: 02/17/2021)
2021-02-1725TEXT ORDER: As discussed during today's proceeding, the parties shall confer and submit a proposed case management order, including deadlines for production of a Vaughn index and the filing of dispositive motions, no later than February 26, 2021. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 2/17/2021. (EG) (Entered: 02/17/2021)
2021-02-2626STATUS REPORT by U. S. Department of Justice. (Cerrone, Michael) (Entered: 02/26/2021)
2021-03-0127TEXT ORDER: As agreed by the parties, the FBI shall complete processing the 6,654 pages of documents referred to in the February 26, 2021 Status Report 26 by June 30, 2022. A further status teleconference will be held on July 6, 2022 at 10:00 a.m. to discuss the need for further litigation and whether plaintiff wishes to proceed with processing of the audio and video materials. To access the teleconference, the parties shall dial 888-808-6929 and enter access code 1533000#. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 3/1/2021. (EG) (Entered: 03/01/2021)
2022-05-2728TEXT ORDER: Due to a scheduling conference, the July 6th status teleconference 27 is rescheduled to July 13, 2022 at 10:00 a.m. The parties should be prepared to discuss the need for further litigation and whether plaintiff wishes to proceed with processing of the audio and video materials. To access the teleconference, the parties shall dial 888-808-6929 and enter access code 1533000#, sufficiently in advance of the proceeding. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 5/27/2022. (EG) (Entered: 05/27/2022)
2022-06-2929NOTICE: Judge McCarthy has been summoned to report for state court jury duty for the week of July 11, 2022. In the unlikely event that he is seated as a juror, proceedings scheduled for that week may need to be rescheduled on short notice. If the parties wish to avoid that possibility by rescheduling that weeks proceedings in advance, please contact chambers prior to July 11th. (EG) (Entered: 06/29/2022)
2022-07-1330Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 7/13/2022. The parties appear by telephone. The parties indicate that paper production from the FBI FOIA request has largely concluded, but they have yet to produce the requested audio materials. The parties request a report back date in 30-60 days. Further status conference set for August 18th at 10:00 a.m. The court gives instructions to relay to FBI regarding need to progress these proceedings. APPEARANCES (by phone): Plaintiff Kuzma with Daire Irwin; AUSA Michael Cerrone(AT&T) (EG) (Entered: 07/13/2022)
2022-07-1331TEXT ORDER: For the reasons discussed at today's conference, a further telephonic Status Conference is set for August 18, 2022 at 10:00 AM before Hon. Jeremiah J. McCarthy. To access the teleconference, the parties shall dial 888-808-6929 and enter access code 1533000# sufficiently in advance of the proceeding. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 7/13/2022. (EG) (Entered: 07/13/2022)
2022-08-1832Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 8/18/2022. The parties appear by telephone. Defense counsel indicates that he simply does not know whether the FBI is in possession of the materials in question nor does he have a timeline for their review and release. The parties indicate that requests have been limited to a select few materials. Defendant requests an additional status conference. The court sets further status conference, but indicates that it will need to schedule further proceedings at that time. APPEARANCES (by phone): Plaintiff Kuzma with Daire Irwin; AUSA Michael Cerrone for defendant (Court Reporter AT&T) (EG) (Entered: 08/18/2022)
2022-08-1833TEXT ORDER: As discussed during today's conference, a Scheduling Conference is set for October 5, 2022 at 11:00 AM by telephone conference before Hon. Jeremiah J. McCarthy. To access the teleconference, the parties shall dial 888-808-6929 and enter access code 1533000# sufficiently in advance of the proceeding. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 8/18/2022. (EG) (Entered: 08/18/2022)
2022-10-0534Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Scheduling Conference held on 10/5/2022. The parties appear by telephone. The parties discuss status of FOIA productions and timeline for Vaughn index and dispositive motions. Deadlines for index and motions discussed and set. Text order to follow. APPEARANCES (by phone): Plaintiff Kuzma with Daire Irwin; AUSA Michael Cerrone for defendant (AT&T) (EG) (Entered: 10/05/2022)
2022-10-0535TEXT ORDER: As agreed to by the parties at today's telephonic conference, the United States Department of Justices Vaughn index and motion for summary judgment shall be filed by January 20, 2023; plaintiff's cross-motion for summary judgment shall be filed by February 24, 2023; and the United States Department of Justice's reply, if any, shall be filed by March 17, 2023, after which time the motions will be taken under advisement without oral argument unless requested by one of the parties or deemed necessary by the court. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 10/5/22. (MDY) (Entered: 10/05/2022)
2023-01-1936MOTION for Summary Judgment , MOTION to Dismiss by U. S. Department of Justice. (Attachments: # 1 Memorandum in Support, # 2 Statement of Undisputed Facts)(Cerrone, Michael) (Entered: 01/19/2023)
2023-01-1937DECLARATION signed by Michael G. Seidel re 36 MOTION for Summary Judgment MOTION to Dismiss filed by U. S. Department of Justice . (Attachments: # 1 Exhibit A-BB)(Cerrone, Michael) (Entered: 01/19/2023)
2023-02-2338MEMORANDUM in Opposition re 36 MOTION for Summary Judgment MOTION to Dismiss filed by Michael Kuzma. (Attachments: # 1 Declaration Michael Kuzma, # 2 Statement of Undisputed Facts)(Kuzma, Michael) (Entered: 02/23/2023)
2023-03-1539RESPONSE in Support re 36 MOTION for Summary Judgment MOTION to Dismiss filed by U. S. Department of Justice. (Cerrone, Michael) (Entered: 03/15/2023)
2023-03-1640DECLARATION signed by Joseph E. Bender, Jr. filed by U. S. Department of Justice . (Attachments: # 1 Exhibit A-B)(Cerrone, Michael) (Entered: 03/16/2023)
2023-04-1241INTERIM DECISION AND ORDER. Signed by Hon. Jeremiah J. McCarthy on 4/12/23. (MDY) (Entered: 04/12/2023)
2023-05-1142Letter MOTION to Adjourn the in-camera production deadline by U. S. Department of Justice (EG) (Entered: 05/11/2023)
2023-05-1143TEXT ORDER: The government's unopposed email motion 42 to adjourn the deadline for in camera production is granted. The in camera production of the materials described in the Interim Decision and Order 41 shall be made by May 31, 2023, after which time the motion 36 will be taken under advisement without oral argument unless requested by one of the parties or deemed necessary by the court. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 5/11/2023. (EG) (Entered: 05/11/2023)
2023-09-2744Sealed Document (court only): Defendant's May 24, 2023 ex parte e-mail correspondence to the court with attached documents for in camera review. (Attachments: # 1 Attachments to May 24th letter) (EG) (Entered: 09/27/2023)
2023-09-2745Sealed Document (court only): Defendant's June 15-16, 2023 ex parte email communications with the court (EG) (Entered: 09/27/2023)
2023-09-2746REPORT AND RECOMMENDATION addressing defendant's motion for summary judgment 36 . Objections to R&R due by 10/11/2023. Signed by Hon. Jeremiah J. McCarthy on 9/27/23. (MDY) (Entered: 09/27/2023)
2023-10-0647MOTION for Extension of Time to File Objections to the Report and Recommendation by U. S. Department of Justice. (Attachments: # 1 Declaration of Michael S. Cerrone)(Cerrone, Michael) (Entered: 10/06/2023)
2023-10-1048TEXT ORDER granting Defendant's 47 Motion for Extension of Time. Objections, if any, to Magistrate Judge Jeremiah J. McCarthy's Report and Recommendation shall be filed by 11/9/2023. SO ORDERED. Issued by Hon. Richard J. Arcara on 10/10/2023. (LAS) (Entered: 10/10/2023)
2023-12-0649DECISION AND ORDER adopting Magistrate Judge Jeremiah J. McCarthy's 46 Report and Recommendation. For the reasons set forth in the Report and Recommendation Defendant's 36 motion for summary judgment is granted in part and denied in part. The matter is recommitted to Magistrate Judge McCarthy for further proceedings. SO ORDERED. Signed by Hon. Richard J. Arcara on 12/6/2023. (LAS) (Entered: 12/06/2023)
2023-12-0750TEXT ORDER: A telephonic status conference is scheduled for December 14, 2023 at 10:00 a.m. To access the teleconference, the parties shall dial 888-808-6929 and enter access code 1533000# sufficiently in advance of the proceeding. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 12/7/23. (MDY) (Entered: 12/07/2023)
2023-12-1451Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 12/14/2023. Counsel for the government appears by telephone; plaintiff does not appear. The government updates court on its intended actions regarding the five issues addressed in the R&R. The government will supplement its argument with respect to FOIA exemption 3 by the end of January. A further status teleconference set for February 7, 2023 at 10:00 a.m. Text order to issue. APPEARANCES (by phone): AUSA Michael Cerrone for defendant (AT&T) (EG) (Entered: 12/14/2023)
2023-12-1452TEXT ORDER: In accordance with today's telephonic conference (at which counsel for plaintiff failed to appear), by January 31, 2024 defendant shall renew and supplement its motion for motion for summary judgment with respect to its reliance on Exemption 3. Defendant has reprocessed and produced Bates nos. 7116-130 and will reprocess and produce Bates nos. 6931-968, without prejudice to plaintiff's right to contest that these documents were properly segregated. The issue of plaintiff's entitlement to attorney's fees and costs remains deferred pending resolution of these issues. A further telephonic status conference is scheduled for February 7, 2024 at 10:00 a.m. To access the teleconference, the parties shall dial 888-808-6929 and enter access code 1533000# sufficiently in advance of the proceeding. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 12/14/23. (MDY) (Entered: 12/14/2023)
2024-01-2453Supplemental MOTION for Summary Judgment by U. S. Department of Justice. (Attachments: # 1 Declaration of Michael G. Seidel, # 2 Exhibit A)(Cerrone, Michael) (Entered: 01/24/2024)
2024-02-0754Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 2/7/2024. Plaintiff and counsel for defendant appear by teleconference. Plaintiff discloses that Mr. Irwin is dealing with a serious health condition. The government requests a response to its motion for summary judgment on the exemption three issue, so the court may rule on it. The court sets a further teleconference for 3/7/2024 at 11:00 a.m. In the interim, plaintiff shall review additional document production and consult with counsel about a response and further action on this case. APPEARANCES (by phone): Plaintiff Michael Kuzma; AUSA Michael Cerrone (AT&T) (EG) (Entered: 02/07/2024)
2024-02-0755TEXT ORDER: As agreed to by the parties at today's telephonic conference, a briefing schedule on defendant's supplemental motion for summary judgment 53 will be deferred pending a further telephonic conference scheduled for March 7, 2024 at 11:00 a.m. To access the teleconference, the parties shall dial 888-808-6929 and enter access code 1533000# sufficiently in advance of the proceeding. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 2/7/24. (MDY) (Entered: 02/07/2024)
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