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Case TitleAMERICAN CIVIL LIBERTIES UNION et al v. FEDERAL BUREAU OF PRISONS
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv02320
Date Filed2020-08-21
Date ClosedOpen
JudgeJudge Reggie B. Walton
PlaintiffAMERICAN CIVIL LIBERTIES UNION
PlaintiffAMERICAN CIVIL LIBERTIES UNION FOUNDATION
Case DescriptionThe American Civil Liberties Union submitted a FOIA request to the Bureau of Prisons for records concerning the impact of C\OVID-19 and cost and staffing data pertaining to federal executions. The ACLU also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantFEDERAL BUREAU OF PRISONS
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Opinion/Order [60]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-08-211COMPLAINT against FEDERAL BUREAU OF PRISONS ( Filing fee $ 400 receipt number ADCDC-7495594) filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for Bureau of Prisons, # 3 Summons for U.S. Attorney General, # 4 Summons for United States Attorney for D.C., # 5 Corporate disclosure certificate)(Spitzer, Arthur) (Entered: 08/21/2020)
2020-08-212MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Cassandra Stubbs, Filing fee $ 100, receipt number ADCDC-7495833. Fee Status: Fee Paid. by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Declaration of Cassandra Stubbs, # 2 Text of Proposed Order)(Spitzer, Arthur) (Entered: 08/21/2020)
2020-08-213LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (zsb) (Entered: 08/24/2020)
2020-08-24Case Assigned to Judge Reggie B. Walton. (zsb) (Entered: 08/24/2020)
2020-08-244SUMMONS (3) Issued Electronically as to FEDERAL BUREAU OF PRISONS, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 08/24/2020)
2020-08-245MOTION for Temporary Restraining Order by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Certificate of counsel, # 2 Memorandum in Support, # 3 Declaration of Cassandra Stubbs, # 4 Text of Proposed Order)(Spitzer, Arthur) (Entered: 08/24/2020)
2020-08-246NOTICE of Appearance by Rebecca Michelle Kopplin on behalf of FEDERAL BUREAU OF PRISONS (Kopplin, Rebecca) (Entered: 08/24/2020)
2020-08-24MINUTE ORDER. To ensure the expeditious resolution of the 5 Plaintiffs' Motion for a Temporary Restraining Order, it is hereby ORDERED that, on or before August 24, 2020, at 8:00 p.m., the defendant shall file a response to the plaintiffs' motion. It is further ORDERED that, on August 25, 2020, at 9:30 a.m., the parties shall appear before the Court for a motion hearing via teleconference by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). Signed by Judge Reggie B. Walton on August 24, 2020. (lcrbw1) (Entered: 08/24/2020)
2020-08-247GENERAL ORDER FOR CIVIL CASES BEFORE THE HONORABLE REGGIE B. WALTON. Signed by Judge Reggie B. Walton on August 24, 2020. (lcrbw1) (Entered: 08/24/2020)
2020-08-248NOTICE of Appearance by Elizabeth J. Shapiro on behalf of FEDERAL BUREAU OF PRISONS (Shapiro, Elizabeth) (Entered: 08/24/2020)
2020-08-249RESPONSE re 5 MOTION for Temporary Restraining Order filed by FEDERAL BUREAU OF PRISONS. (Attachments: # 1 Exhibit 1, # 2 Exhibit A, # 3 Exhibit B)(Kopplin, Rebecca) (Entered: 08/24/2020)
2020-08-24MINUTE ORDER. The Court having considered the plaintiffs' 2 Motion for the Admission, Pro Hac Vice, of Cassandra Stubbs as Additional Counsel for Plaintiffs, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under this Court's rules, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Cassandra Stubbs, American Civil Liberties Union Foundation, 201 W. Main Street, Suite 402, Durham, North Carolina 27705, is ADMITTED to practice before the Court pro hac vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click fo r instructions . Signed by Judge Reggie B. Walton on August 24, 2020. (lcrbw1) (Entered: 08/24/2020)
2020-08-2510REPLY to opposition to motion re 5 MOTION for Temporary Restraining Order filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Spitzer, Arthur) (Entered: 08/25/2020)
2020-08-25Set/Reset Hearings: Motion Hearing set for 8/25/2020 at 09:30 AM by Telephonic/VTC before Judge Reggie B. Walton. (hs) (Entered: 08/25/2020)
2020-08-25Minute Entry; for proceedings held before Judge Reggie B. Walton: Motion Hearing/Oral Argument held on 8/25/2020. Plaintiff's 5 MOTION for Temporary Restraining Order filed by AMERICAN CIVIL LIBERTIES UNION FOUNDATION, AMERICAN CIVIL LIBERTIES UNION heard and denied. (Court Reporter Cathryn Jones) (hs) (Entered: 08/25/2020)
2020-08-2611ORDER. In accordance with the oral rulings issued by the Court at the motion hearing held on August 25, 2020, via teleconference, it is hereby ORDERED that the 5 Plaintiffs' Motion for a Temporary Restraining Order is DENIED WITHOUT PREJUDICE for failing to show that they would suffer irreparable harm in the absence of a temporary restraining order. Signed by Judge Reggie B. Walton on August 26, 2020. (lcrbw1) (Entered: 08/26/2020)
2020-08-2712NOTICE of Appearance by Cassandra Stubbs on behalf of All Plaintiffs (Stubbs, Cassandra) (Entered: 08/27/2020)
2020-08-2813MOTION for Preliminary Injunction by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Spitzer, Arthur) (Entered: 08/28/2020)
2020-08-29MINUTE ORDER. To ensure the expeditious resolution of the 13 Plaintiffs' Motion for a Preliminary Injunction, it is hereby ORDERED that, on or before September 1, 2020, at 5:00 p.m., the defendant shall file a response to the plaintiffs' motion. It is further ORDERED that, on or before September 2, 2020, at 5:00 p.m., the plaintiffs shall file a reply in support of their motion. It is further ORDERED that, on September 4, 2020, at 9:00 a.m., the parties shall appear before the Court for a motion hearing via teleconference by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). Signed by Judge Reggie B. Walton on August 29, 2020. (lcrbw1) (Entered: 08/29/2020)
2020-08-29Set/Reset Deadlines/Hearings: Response due by 9/1/2020. Reply due by 9/2/2020. Motion Hearing set for 9/4/2020 at 9:00 AM via teleconference before Judge Reggie B. Walton. (zgdf) (Entered: 09/01/2020)
2020-09-0114Memorandum in opposition to re 13 MOTION for Preliminary Injunction filed by FEDERAL BUREAU OF PRISONS. (Attachments: # 1 Exhibit 1, 2d Christensen Decl.)(Kopplin, Rebecca) Modified docket event/text on 9/2/2020 (eg). (Entered: 09/01/2020)
2020-09-0215REPLY to opposition to motion re 13 MOTION for Preliminary Injunction filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Spitzer, Arthur) (Entered: 09/02/2020)
2020-09-0216MOTION for Leave to File Declaration of Liliana Segura by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Declaration of Liliana Segura, # 2 Text of Proposed Order)(Spitzer, Arthur) (Entered: 09/02/2020)
2020-09-0417NOTICE of Filing Amended Complaint by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Amended Complaint, # 2 "Redline" showing changes from original complaint)(Spitzer, Arthur) (Entered: 09/04/2020)
2020-09-04Minute Entry; for proceedings held before Judge Reggie B. Walton: Motion Hearing held on 9/4/2020 re 13 MOTION for Preliminary Injunction. Motion Hearing continued for 9/18/2020 at 02:00 PM by Telephonic/VTC before Judge Reggie B. Walton. (Court Reporter Cathryn Jones) (hs) (Entered: 09/04/2020)
2020-09-0418ORDER. See attached Order for details. Signed by Judge Reggie B. Walton on September 4, 2020. (lcrbw1) (Entered: 09/04/2020)
2020-09-1019NOTICE of Appearance by Leslie Cooper Vigen on behalf of FEDERAL BUREAU OF PRISONS (Vigen, Leslie) (Entered: 09/10/2020)
2020-09-1020TRANSCRIPT OF PROCEEDINGS before Judge Reggie B. Walton held on September 4, 2020; Page Numbers: 1 - 15. Court Reporter/Transcriber Cathryn Jones, Telephone number 202 354-3246, Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, t he transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 10/1/2020. Redacted Transcript Deadline set for 10/11/2020. Release of Transcript Restriction set for 12/9/2020.(Jones, Cathryn) (Entered: 09/10/2020)
2020-09-18Minute Entry; for proceedings held before Judge Reggie B. Walton: Status Conference held on 9/18/2020. Status Conference set for 10/19/2020 at 10:00 AM by Telephonic/VTC before Judge Reggie B. Walton. (Court Reporter Cathryn Jones) (hs) (Entered: 09/24/2020)
2020-09-2421ORDER. In accordance with the oral rulings issued by the Court at the status conference held on September 18, 2020, via teleconference, it is hereby ORDERED that, on October 19, 2020, at 10:00 a.m., the parties shall appear before the Court for a status conference via teleconference by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). Signed by Judge Reggie B. Walton on September 24, 2020. (lcrbw1) (Entered: 09/24/2020)
2020-09-2522ANSWER to Complaint by FEDERAL BUREAU OF PRISONS.(Kopplin, Rebecca) (Entered: 09/25/2020)
2020-10-1423TRANSCRIPT OF PROCEEDINGS before Judge Reggie B. Walton held on September 18, 2020; Page Numbers: 1 - 8. Court Reporter/Transcriber Cathryn Jones, Telephone number 202 354-3246, Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, t he transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 11/4/2020. Redacted Transcript Deadline set for 11/14/2020. Release of Transcript Restriction set for 1/12/2021.(Jones, Cathryn) (Entered: 10/14/2020)
2020-10-1424TRANSCRIPT OF PROCEEDINGS before Judge Reggie B. Walton held on September 4, 2020; Page Numbers: 1 - 15. Court Reporter/Transcriber Cathryn Jones, Telephone number 202 354-3246, Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, t he transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 11/4/2020. Redacted Transcript Deadline set for 11/14/2020. Release of Transcript Restriction set for 1/12/2021.(Jones, Cathryn) (Entered: 10/14/2020)
2020-10-19Minute Entry for proceedings held before Judge Reggie B. Walton: Status Conference held on 10/19/2020. Case Called for Motion Hearing but not held. Status Conference set for 11/16/2020 at 10:00 AM by Telephonic/VTC before Judge Reggie B. Walton. (Court Reporter Cathryn Jones.) (ztl) (Entered: 10/19/2020)
2020-10-1925ORDER. In accordance with the attached Order, it is hereby ORDERED that, on or before November 16, 2020, the defendant shall produce to the plaintiffs (1) all records regarding ventilation in the execution facilities at which there are executions scheduled for November 2020 and December 2020, and (2) all records not already produced to the plaintiffs regarding the costs of carrying out the executions of Daniel Lee on July 14, 2020, Wesley Purkey on July 16, 2020, and Dustin Honken on July 17, 2020. It is further ORDERED that, on November 16, 2020, at 10:00 a.m., the parties shall appear before the Court for a status conference via teleconference by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). The defendant shall be prepared to address the reasons for which it asserts that the dollar amounts of payments to vendors listed on the documents that were produced to the plaintiffs are not subject to production. Signed by Judge Reggie B. Walton on October 19, 2020. (lcrbw1) (Entered: 10/19/2020)
2020-10-2126TRANSCRIPT OF PROCEEDINGS before Judge Reggie B. Walton held on October 19, 2020; Page Numbers: 1 - 17. Court Reporter/Transcriber Cathryn Jones, Telephone number 202 3543246, Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 11/11/2020. Redacted Transcript Deadline set for 11/21/2020. Release of Transcript Restriction set for 1/19/2021.(Jones, Cathryn) (Entered: 10/21/2020)
2020-11-16Minute Entry; for proceedings held before Judge Reggie B. Walton: Status Conference held on 11/16/2020. Status Conference set for 1/7/2021 at 10:00 AM by Telephonic/VTC before Judge Reggie B. Walton. (Court Reporter Crystal Pilgrim) (hs) (Entered: 11/16/2020)
2020-11-1727ORDER. In accordance with the attached Order, it is hereby ORDERED that, on or before December 7, 2020, the defendant shall produce to the plaintiffs all records responsive to the plaintiffs' request for "documentation listing the facilities where [Bureau of Prisons] staff have traveled or will travel from in order to provide additional security and support for the July and August executions." Compl. 17. It is further ORDERED that, on or before January 7, 2021, the defendant shall produce to the plaintiffs all non-exempt documents requested by the plaintiffs. It is further ORDERED that, on January 7, 2021, at 10:00 a.m., the parties shall appear before the Court for a status conference via teleconference by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). Signed by Judge Reggie B. Walton on November 17, 2020. (lcrbw1) (Entered: 11/17/2020)
2020-12-0828Emergency MOTION for Hearing Urgent Request for Status Conference by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Stubbs, Cassandra) Modified event on 12/11/2020 (znmw). (Entered: 12/08/2020)
2020-12-08MINUTE ORDER. Upon consideration of the plaintiffs' 28 Emergency Request for Status Conference, and for good cause shown, it is hereby ORDERED that this motion is granted. It is further ORDERED that the parties shall appear before the Court for a status conference on December 9, 2020, at 12:00 p.m., via teleconference by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). Signed by Judge Reggie B. Walton on December 8, 2020. (lcrbw1) (Entered: 12/08/2020)
2020-12-09Minute Entry; for proceedings held before Judge Reggie B. Walton: Status Conference held on 12/9/2020. (Court Reporter Elizabeth Saint-Loft) (hs) (Entered: 12/09/2020)
2020-12-0929ORDER. In accordance with the attached Order, it is hereby ORDERED that, on or before December 16, 2020, the parties shall file a joint submission advising the Court as to their availability for a status conference via teleconference on either December 21, 2020, at 2:00 p.m., or January 5, 2021, at 10:30 a.m. It is further ORDERED that, at the forthcoming status conference, a representative from the Bureau of Prisons ("BOP") shall be prepared to advise the Court as to the reasons for which information regarding the facilities from which BOP employees traveled in order to participate in the July and August executions is exempted pursuant to Freedom of Information Act Exemptions (b)(6), (b)(7)(C), and (b)(7)(F). Signed by Judge Reggie B. Walton on December 9, 2020. (lcrbw1) (Entered: 12/09/2020)
2020-12-09Set/Reset Deadlines: Joint Submission due by 12/16/2020. (hs) (Entered: 12/09/2020)
2020-12-1430MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Olivia Ensign, Filing fee $ 100, receipt number ADCDC-7954308. Fee Status: Fee Paid. by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Declaration of Olivia Ensign, # 2 Text of Proposed Order)(Spitzer, Arthur) (Entered: 12/14/2020)
2020-12-1531NOTICE regarding availability (joint) by FEDERAL BUREAU OF PRISONS (Kopplin, Rebecca) (Entered: 12/15/2020)
2020-12-16MINUTE ORDER. The Court having considered the plaintiffs' 30 Motion for the Admission, Pro Hac Vice, of Olivia Ensign as Additional Counsel for Plaintiffs, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under this Court's rules, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Olivia Ensign, American Civil Liberties Union Foundation, 201 W. Main St., Suite 402, Durham, North Carolina, 27701, is ADMITTED to practice before the Court pro hac vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instruc tions . Signed by Judge Reggie B. Walton on December 16, 2020. (lcrbw1) (Entered: 12/16/2020)
2020-12-17MINUTE ORDER. Upon consideration of the parties' 31 Joint Notice Regarding Availability, it is hereby ORDERED that the parties shall appear before the Court for a status conference on January 5, 2021, at 10:30 a.m., via teleconference by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). It is further ORDERED that the status conference currently scheduled for January 7, 2021, is VACATED. Signed by Judge Reggie B. Walton on December 17, 2020. (lcrbw1) (Entered: 12/17/2020)
2020-12-17Set/Reset Hearings: Status Conference reset for 1/5/2021 at 10:30 AM by Telephonic/VTC before Judge Reggie B. Walton. (hs) (Entered: 12/17/2020)
2020-12-1732NOTICE of Appearance by Olivia Harper Ensign on behalf of All Plaintiffs (Ensign, Olivia) (Entered: 12/17/2020)
2020-12-2233TRANSCRIPT OF PROCEEDINGS, before Judge Reggie B. Walton, held on 12-09-2020. Page Numbers: 1 - 26. Date of Issuance: 12-22-2020. Court Reporter: Elizabeth SaintLoth, Telephone number: 202-354-3242. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 1/12/2021. Redacted Transcript Deadline set for 1/22/2021. Release of Transcript Restriction set for 3/22/2021.(Saint-Loth, Elizabeth) (Entered: 12/22/2020)
2021-01-0434SUPPLEMENTAL MEMORANDUM re 28 MOTION for Hearing filed by AMERICAN CIVIL LIBERTIES UNION FOUNDATION, AMERICAN CIVIL LIBERTIES UNION by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Stubbs, Cassandra) Modified event title on 1/6/2021 (znmw). (Entered: 01/04/2021)
2021-01-05Minute Entry for proceedings held before Judge Reggie B. Walton: Status Conference held on 1/5/2021. Parties inform the court of the status of this action. The court will issue an order. Next Status Conference set for 1/8/2021 at 11:00 AM in Telephonic/VTC before Judge Reggie B. Walton. (Court Reporter: Cathryn Jones.) (tj) (Entered: 01/05/2021)
2021-01-0535ORDER. See attached Order for details. Signed by Judge Reggie B. Walton on January 5, 2021. (lcrbw1) (Entered: 01/05/2021)
2021-01-08Minute Entry for proceedings held before Judge Reggie B. Walton: Telephone Status Conference held on 1/8/2021. Summary Judgment motion due by 3/5/2021. Response to Motion for Summary Judgment and Cross Motion due by 4/9/2021. Reply to Motion for Summary Judgment and Response to Cross Motion due by 5/7/2021. Reply to Cross Motion due by 6/4/2021. (Court Reporter Cathryn Jones) (zgdf) (Entered: 01/08/2021)
2021-01-1136ORDER. In accordance with the attached Order, it is hereby ORDERED that the defendant shall file its motion for summary judgment on or before March 5, 2021. It is further ORDERED that the plaintiffs shall file their opposition to the defendants motion and any cross-motion for summary judgment on or before April 9, 2021. It is further ORDERED that the defendant shall file its combined reply in support of its motion and opposition to any cross-motion on or before May 7, 2021. It is further ORDERED that the plaintiffs shall file their reply in support of their motion on or before June 4, 2021. Signed by Judge Reggie B. Walton on January 11, 2021. (lcrbw1) (Entered: 01/11/2021)
2021-01-11Set/Reset Deadlines: Cross Motions due by 4/9/2021. Response to Cross Motions due by 5/7/2021. Reply to Cross Motions due by 6/4/2021. Summary Judgment motions due by 3/5/2021. Response to Motion for Summary Judgment due by 4/9/2021. Reply to Motion for Summary Judgment due by 5/7/2021. (hs) (Entered: 01/11/2021)
2021-02-2437TRANSCRIPT OF PROCEEDINGS before Judge Reggie B. Walton held on 11/16/2020; Page Numbers: 1-21. Date of Issuance:02/24/2021. Court Reporter/Transcriber Crystal M. Pilgrim, Telephone number 202.354.3127, Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 3/17/2021. Redacted Transcript Deadline set for 3/27/2021. Release of Transcript Restriction set for 5/25/2021.(Pilgrim, Crystal) (Entered: 02/24/2021)
2021-03-0538MOTION for Summary Judgment by FEDERAL BUREAU OF PRISONS. (Attachments: # 1 Text of Proposed Order, # 2 Memorandum in Support, # 3 Statement of Facts, # 4 Declaration Declaration of Kara Christenson, # 5 Exhibit Ex. A to Christenson Decl., # 6 Exhibit Ex. B to Christenson Decl., # 7 Exhibit Ex. C to Christenson Decl., # 8 Exhibit Ex. D to Christenson Decl., # 9 Exhibit Ex. E to Christenson Decl., # 10 Exhibit Ex. F to Christenson Decl., # 11 Exhibit Ex. G to Christenson Decl., # 12 Exhibit Ex. H to Christenson Decl., # 13 Exhibit Ex. I to Christenson Decl., # 14 Exhibit Ex. J to Christenson Decl., # 15 Exhibit Ex. K to Christenson Decl., # 16 Exhibit Ex. L to Christenson Decl., # 17 Exhibit Ex. M to Christenson Decl., # 18 Exhibit Ex. N to Christenson Decl., # 19 Exhibit Ex. O to Christenson Decl., # 20 Exhibit Ex. P to Christenson Decl., # 21 Exhibit Ex. Q to Christenson Decl., # 22 Exhibit Ex. R to Christenson Decl.)(Kopplin, Rebecca) (Entered: 03/05/2021)
2021-03-2639Unopposed MOTION for Extension of Time to File Response/Reply as to 38 MOTION for Summary Judgment by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Attachments: # 1 Text of Proposed Order)(Stubbs, Cassandra) (Entered: 03/26/2021)
2021-04-0240ORDER. See attached Order for details. Signed by Judge Reggie B. Walton on April 2, 2021. (lcrbw3) (Entered: 04/02/2021)
2021-04-05Set/Reset Deadlines/Hearings: Cross Motions due by 4/23/2021. Response to Cross Motions due by 5/21/2021. Reply to Cross Motions due by 6/18/2021. Response to Motion for Summary Judgment due by 4/23/2021. Reply to Motion for Summary Judgment due by 5/23/2021. Status Conference set for 10/6/2021 at 10:00 AM in Telephonic/VTC before Judge Reggie B. Walton. (hs) (Entered: 04/05/2021)
2021-04-2341Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Cassandra Stubbs, # 3 Exhibit 1 to Stubbs Decl., # 4 Exhibit 2 to Stubbs Decl., # 5 Exhibit 3 to Stubbs Decl., # 6 Exhibit 4 to Stubbs Decl., # 7 Exhibit 5 to Stubbs Decl., # 8 Exhibit 6 to Stubbs Decl., # 9 Statement of Facts in Support of Cross-Motion for Summary Judgment, # 10 Opposition to Def.'s Statement of Uncontested Facts, # 11 Text of Proposed Order)(Stubbs, Cassandra) (Entered: 04/23/2021)
2021-04-2343Memorandum in opposition to re 38 MOTION for Summary Judgment filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (See Docket Entry 41 to view document) (ztth) (Entered: 04/27/2021)
2021-04-2642NOTICE of January 5, 2021 Transcript by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION re 41 Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment (Stubbs, Cassandra) (Entered: 04/26/2021)
2021-05-0344MOTION to Strike 38 MOTION for Summary Judgment Declaration of Kara Christenson by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Attachments: # 1 Memorandum in Support OF PLAINTIFFS' MOTION TO STRIKE DECLARATION OF KARA CHRISTENSON (ECF No. 38-4), # 2 Text of Proposed Order)(Ensign, Olivia) (Entered: 05/03/2021)
2021-05-1145Joint MOTION for Extension of Time to File Response/Reply , MOTION for Briefing Schedule by FEDERAL BUREAU OF PRISONS. (Attachments: # 1 Text of Proposed Order)(Kopplin, Rebecca) (Entered: 05/11/2021)
2021-05-1146Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motion for Summary Judgment by FEDERAL BUREAU OF PRISONS. (Attachments: # 1 Text of Proposed Order)(Kopplin, Rebecca) (Entered: 05/11/2021)
2021-05-1747ORDER. See attached Order for details. Signed by Judge Reggie B. Walton on May 17, 2021. (lcrbw3) (Entered: 05/17/2021)
2021-05-17Set/Reset Deadlines: Responses due by 5/28/2021 Replies due by 6/18/2021. Reply to Motion for Summary Judgment due by 6/4/2021. Response to Cross Motions due by 6/4/2021. (hs) (Entered: 05/17/2021)
2021-05-2848RESPONSE re 44 MOTION to Strike 38 MOTION for Summary Judgment Declaration of Kara Christenson filed by FEDERAL BUREAU OF PRISONS. (Attachments: # 1 Exhibit A, Suppl. Christenson Decl.)(Kopplin, Rebecca) (Entered: 05/28/2021)
2021-06-0449Memorandum in opposition to re 41 Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment filed by FEDERAL BUREAU OF PRISONS. (Attachments: # 1 Exhibit A - Suppl Christenson Decl, # 2 Exhibit B - Def.'s Reply in Buzzfeed, # 3 Exhibit C - Gov't's Br in Smith, # 4 Exhibit Response to Pls.' Statement of Material Facts)(Kopplin, Rebecca) (Entered: 06/04/2021)
2021-06-0450REPLY to opposition to motion re 38 MOTION for Summary Judgment filed by FEDERAL BUREAU OF PRISONS. (Attachments: # 1 Exhibit A - Suppl Christenson Decl, # 2 Exhibit B - Def.'s Reply in Buzzfeed, # 3 Exhibit C - Gov't's Br in Smith)(Kopplin, Rebecca) (Entered: 06/04/2021)
2021-06-1851REPLY to opposition to motion re 44 MOTION to Strike 38 MOTION for Summary Judgment Declaration of Kara Christenson filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Stubbs, Cassandra) (Entered: 06/18/2021)
2021-07-0252REPLY to opposition to motion re 41 Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Attachments: # 1 Exhibit July 1, 2021 Memo Re Moratorium on Federal Executions Pending Review of Policies and Procedures)(Stubbs, Cassandra) (Entered: 07/02/2021)
2021-07-0853Unopposed MOTION for Leave to File Supplemental Memorandum by FEDERAL BUREAU OF PRISONS. (Attachments: # 1 Text of Proposed Order)(Kopplin, Rebecca) (Entered: 07/08/2021)
2021-07-1554ORDER. In accordance with the attached Order, it is hereby ORDERED that the defendant's 53 Unopposed Motion for Leave to File a Supplemental Memorandum of Law is GRANTED. It is further ORDERED that, on or before July 23, 2021, the defendant may file a supplemental memorandum addressing the effect of the ongoing review of capital sentence policies and procedures on this litigation, if any. It is further ORDERED that, if the defendant files a supplemental memorandum, the plaintiffs may file a response on or before August 6, 2021. Signed by Judge Reggie B. Walton on July 15, 2021. (lcrbw3) (Entered: 07/15/2021)
2021-07-15Set/Reset Deadlines: Defendant's Supplemental Memorandum due by 7/23/2021. (hs) (Entered: 07/15/2021)
2021-07-2355SUPPLEMENTAL MEMORANDUM re 54 Order on Motion for Leave to File,, by FEDERAL BUREAU OF PRISONS. (Kopplin, Rebecca); Modified text on 7/26/2021 (ztth). (Entered: 07/23/2021)
2021-08-0356RESPONSE re 55 Supplemental Memorandum filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Ensign, Olivia) Modified link on 8/5/2021 (znmw). (Entered: 08/03/2021)
2021-10-04Set/Reset Hearings: The Status Hearing set for 10/6/2021 is VACATED. Status Conference reset for 11/12/2021 at 10:00 AM by Telephonic/VTC before Judge Reggie B. Walton. (hs) (Entered: 10/04/2021)
2021-10-0757NOTICE OF SUPPLEMENTAL AUTHORITY by FEDERAL BUREAU OF PRISONS (Attachments: # 1 Exhibit A)(Kopplin, Rebecca) (Entered: 10/07/2021)
2021-11-03MINUTE ORDER. It is hereby ORDERED that the November 12, 2021 status conference is CONTINUED to February 21, 2022, at 2:00 p.m. The parties shall appear before the Court for a status conference via teleconference by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). This status conference will serve as a target date for the resolution of the parties' motions for summary judgment. In the event that the Court is unable to resolve the motions by this date, the parties will be advised in advance that the status conference will be continued to a later date. Signed by Judge Reggie B. Walton on November 3, 2021. (lcrbw3) (Entered: 11/03/2021)
2021-11-04Set/Reset Hearings: Status Conference set for 2/21/2022 at 02:00 PM by Telephonic/VTC before Judge Reggie B. Walton. (adh, ) (Entered: 11/04/2021)
2022-02-03MINUTE ORDER. The Court requiring additional time to consider the defendant's pending 38 Motion for Summary Judgment and the plaintiffs' pending 41 Cross-Motion for Summary Judgment in this case, it is hereby ORDERED that the status conference currently scheduled for February 21, 2022, is CONTINUED to May 20, 2022, at 10:00 a.m. The parties shall appear before the Court for a status conference via teleconference by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). Signed by Judge Reggie B. Walton on February 3, 2022. (lcrbw3) (Entered: 02/03/2022)
2022-02-04Set/Reset Hearings: Status Conference reset for 5/20/2022 at 10:00 AM by Telephonic/VTC before Judge Reggie B. Walton. (adh, ) (Entered: 02/04/2022)
2022-02-0758MOTION to Withdraw as Attorney Olivia Ensign by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Attachments: # 1 Text of Proposed Order)(Spitzer, Arthur) (Entered: 02/07/2022)
2022-02-08MINUTE ORDER. Upon consideration of the plaintiffs' 58 Motion to Withdraw Olivia Ensign as Counsel for Plaintiffs, it is hereby ORDERED that the plaintiffs' 58 Motion to Withdraw is GRANTED. It is further ORDERED that Olivia Ensign's appearance as counsel of record for the plaintiff is TERMINATED. Signed by Judge Reggie B. Walton on February 8, 2022. (lcrbw3) (Entered: 02/08/2022)
2022-03-3159ORDER. For the reasons to be set forth in the Memorandum Opinion to be issued by the Court within the next sixty days, absent extraordinary circumstances, the Court will deny the plaintiffs' motion to strike. Accordingly, it is hereby ORDERED that the 44 Plaintiffs' Motion to Strike Declaration of Kara Christenson is DENIED. It is further ORDERED that this Order is not a final Order subject to appeal. Signed by Judge Reggie B. Walton on March 31, 2022. (lcrbw3) (Entered: 03/31/2022)
2022-04-2860MEMORANDUM OPINION. Signed by Judge Reggie B. Walton on April 28, 2022. (lcrbw3) (Entered: 04/28/2022)
2022-04-2861ORDER. In accordance with the Memorandum Opinion issued on this same date, it is hereby ORDERED that the plaintiffs' 44 Motion to Strike Declaration of Kara Christenson is DENIED. Signed by Judge Reggie B. Walton on April 28, 2022. (lcrbw3) (Entered: 04/28/2022)
2022-05-04MINUTE ORDER. The Court requiring additional time to consider the pending motion cross-motions for summary judgment in this case, it is hereby ORDERED that the status conference currently scheduled for May 20, 2022, is CONTINUED to August 25, 2022, at 10:00 a.m. Signed by Judge Reggie B. Walton on May 4, 2022. (lcrbw3) (Entered: 05/04/2022)
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