| Date Filed | Doc # | Docket Text |
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| 2022-03-04 | 1 | COMPLAINT Pursuant to Freedom of Information Act against All Defendants (Filing fee $ 402,Receipt Number ACODC-8348645)Attorney Kevin David Evans added to party Kevin D. Evans(pty:pla), Attorney Kevin David Evans added to party Evans Law PLLC(pty:pla), filed by Evans Law PLLC, Kevin D. Evans. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Evans, Kevin) (Entered: 03/04/2022) |
| 2022-03-04 | 2 | Exhibits in Support of 1 Complaint, Exhibits by Plaintiffs Kevin D. Evans, Evans Law PLLC. (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 4, # 4 Exhibit 5, # 5 Exhibit 6, # 6 Exhibit 7, # 7 Exhibit 8, # 8 Exhibit 9, # 9 Exhibit 10, # 10 Exhibit 11, # 11 Exhibit 12, # 12 Exhibit 13, # 13 Exhibit 14, # 14 Exhibit 15, # 15 Exhibit 16, # 16 Exhibit 17, # 17 Exhibit 18, # 18 Exhibit 19, # 19 Exhibit 20)(Evans, Kevin) (Entered: 03/04/2022) |
| 2022-03-04 | 3 | Case assigned to Judge William J. Martinez and drawn to Magistrate Judge Michael E. Hegarty. Text Only Entry. (jcharl, ) (Entered: 03/04/2022) |
| 2022-03-04 | 4 | Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). DISREGARD Summons Administrative notice. Summons submitted on incorrect/improper court approved form and not issued. Please file completed summons for issuance using the event Summons Request. (jcharl, ) Modified to correct text. on 3/4/2022 (jcharl, ). (Entered: 03/04/2022) |
| 2022-03-04 | 5 | SUMMONS issued by Clerk. (jcharl, ) (Entered: 03/04/2022) |
| 2022-03-07 | 6 | ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty. Magistrate Judge Hegarty, or such other Magistrate Judge who may in the future be reassigned to this case, is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). ALSO ORDERED that unless service has otherwise been completed or arranged, Plaintiff's counsel is directed to effect service of the summons and complaint pursuant to Rule 4 of the Federal Rules of Civil Procedure no later than 30 days from the date of this Referral Order, in order for the initial scheduling conference to be held promptly. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the Magistrate Judge or on the request of the parties by motion, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 3/7/2022. Text Only Entry (wjmsec, ) (Entered: 03/07/2022) |
| 2022-03-07 | 7 | ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as most recently revised effective December 1, 2021 and as they may be amended from time to time), which may be downloaded here . SO ORDERED by Judge William J. Martinez on 3 /7/2022. Text Only Entry (wjmsec, ) (Entered: 03/07/2022) |
| 2022-03-09 | 8 | Minute ORDER by Magistrate Judge Michael E. Hegarty on 9 March 2022. Status Conference set for 5/26/2022 01:30 PM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (cmadr, ) (Entered: 03/09/2022) |
| 2022-03-16 | 9 | SUMMONS Returned Executed by All Plaintiffs. US Department of Justice served on 3/10/2022, answer due 4/11/2022. (Evans, Kevin) Modified on 3/16/2022 to correct answer due date (trvo, ). (Entered: 03/16/2022) |
| 2022-03-16 | 10 | CERTIFICATE of Mailing/Service by Plaintiffs Kevin D. Evans, Evans Law PLLC. (Attachments: # 1 Exhibit 1)(Evans, Kevin) (Entered: 03/16/2022) |
| 2022-04-06 | 11 | Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, by Defendant United States Department of Justice. (Attachments: # 1 Proposed Order (PDF Only))(Sverdlov, Alexander) (Entered: 04/06/2022) |
| 2022-04-07 | 12 | MEMORANDUM regarding 11 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, filed by United States Department of Justice. Motions referred to Magistrate Judge Michael E. Hegarty by Judge William J. Martinez on 4/7/2022. Text Only Entry (wjmsec, ) (Entered: 04/07/2022) |
| 2022-04-08 | 13 | Minute ORDER by Magistrate Judge Michael E. Hegarty on 8 April 2022. For good cause shown, Defendant's Unopposed Motion for an Extension of Time to Respond to Complaint 11 is granted. Defendant shall file its answer or other response to the operative pleading on or before April 20, 2022.(cmadr, ) (Entered: 04/08/2022) |
| 2022-04-20 | 14 | ANSWER to 1 Complaint, by United States Department of Justice.(Sverdlov, Alexander) (Entered: 04/20/2022) |
| 2022-05-19 | 15 | CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs Kevin D. Evans, Evans Law PLLC All parties do not consent.. (Evans, Kevin) (Entered: 05/19/2022) |
| 2022-05-26 | 16 | COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael E. Hegarty: Status Conference held on 5/26/2022. Status Conference set for 7/25/2022 11:00 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. FTR: Courtroom A501. (amont, ) (Entered: 05/26/2022) |
| 2022-06-16 | 17 | Minute ORDER by Magistrate Judge Michael E. Hegarty on 16 June 2022. Because of a conflict in the Court's calendar, the Status Conference currently set for July 25, 2022 is reset to July 28, 2022 at 11:00 a.m. in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. (cmadr, ) (Entered: 06/16/2022) |
| 2022-07-06 | 18 | STATUS REPORT by Plaintiffs Kevin D. Evans, Evans Law PLLC. (Evans, Kevin) (Entered: 07/06/2022) |
| 2022-07-25 | 19 | Second STATUS REPORT by Plaintiffs Kevin D. Evans, Evans Law PLLC. (Attachments: # 1 Exhibit 1)(Evans, Kevin) (Entered: 07/25/2022) |
| 2022-07-28 | 20 | COURTROOM MINUTES for proceedings held before Magistrate Judge Michael E. Hegarty: Status Conference held on 7/28/2022. FTR: A501. (cthom, ) (Entered: 07/28/2022) |
| 2022-08-05 | 21 | REASSIGNMENT OF JUDGE. This action is reassigned to Judge Nina Y. Wang upon her appointment as United States District Judge. Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained. Judge Wang is located in Courtroom 502 in the Alfred A. Arraj Courthouse and her chambers is in A-532. Her telephone number is (303) 335-2600. All future pleadings should be designated as 22-cv-00539-NYW-MEH. (Text only entry) (agarc, ) (Entered: 08/05/2022) |
| 2022-09-23 | 22 | Third STATUS REPORT by Plaintiffs Kevin D. Evans, Evans Law PLLC. (Evans, Kevin) (Entered: 09/23/2022) |
| 2022-09-26 | 23 | MINUTE ORDER: This matter is before the Court following its review of Plaintiffs' 22 Third Status Report. The Court DIRECTS Defendant to file a response addressing Plaintiffs' requests outlined in paragraph 10 of the 22 Third Status Report no later than Monday, October 10, 2022. If Defendant elects to submit all or part of the September 16, 2022 Declaration referenced in paragraph 6 of Plaintiffs' status report, it shall do so under a Level 1 restriction pursuant to D.C.COLO.LCivR 7.2. By Judge Nina Y. Wang on 09/26/2022. Text Only Entry (nywlc4, ) (Entered: 09/26/2022) |
| 2022-10-10 | 24 | RESPONSE to 23 Order,, by Defendant United States Department of Justice. (Sverdlov, Alexander) (Entered: 10/10/2022) |
| 2022-10-10 | 25 | REPLY to 24 Response to Plaintiffs' Third Status Report by Plaintiffs Kevin D. Evans, Evans Law PLLC. (Evans, Kevin) (Entered: 10/10/2022) |
| 2022-10-12 | 26 | MINUTE ORDER: This matter is before the Court in light of Plaintiffs' 22 Third Status Report, in which Plaintiffs request (1) that they be permitted to share Defendant's Glomar declaration with the Court and (2) that the Court "set a hearing to discuss it." The Court directed a response from Defendant in its 23 Minute Order. Defendant timely complied with the Order in its 24 Response and, while not directed to do so, Plaintiffs filed a 25 Reply on October 10, 2022. The Court has considered Plaintiffs' requests, but concludes that the weight of authority indicates that this dispute is more appropriately and efficiently adjudicated at summary judgment. E.g., World Publishing Co. v. United States Dep't of Justice, 672 F.3d 825, 832 (10th Cir. 2012) ("In general, FOIA request cases are resolved on summary judgment."). That is true in the context of disputes over Glomar responses as well. See, e.g., Gallagher v. NSA-Nat'l Sec. Agency, No. 18-cv-01525-RM-KMT, 2020 WL 5519173 (D. Colo. Aug. 24, 2020) (resolving dispute over Glomar response at summary judgment). As such, the Court respectfully DENIES the requests contained in Plaintiffs' 22 Third Status Report. By Judge Nina Y. Wang on 10/12/2022. Text Only Entry(nywlc4,) (Entered: 10/12/2022) |
| 2022-12-15 | 27 | Minute ORDER by Magistrate Judge Michael E. Hegarty on 15 December 2022. Pursuant to the parties' emailed request, the Court will hold a status conference on January 9, 2023 at 11:00 a.m. in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. Anyone appearing by telephone shall call the following conference line at the appointed time: Number: 888-278-0296, Access code: 8212991#. (cmadr, ) (Entered: 12/15/2022) |
| 2023-01-05 | 28 | Fourth STATUS REPORT by Plaintiffs Kevin D. Evans, Evans Law PLLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Evans, Kevin) (Entered: 01/05/2023) |
| 2023-01-09 | 29 | COURTROOM MINUTES for proceedings held before Magistrate Judge Michael E. Hegarty: Status Conference held on 1/9/2023. FTR: A501. (cthom, ) (Entered: 01/09/2023) |
| 2023-01-17 | 30 | Fifth STATUS REPORT with Agreed Proposed Scheduling Order by Plaintiffs Kevin D. Evans, Evans Law PLLC. (Evans, Kevin) (Entered: 01/17/2023) |
| 2023-02-22 | 31 | ORDER Plaintiffs have filed their Fifth Status Report [ECF 30] proposing that (1) Defendant file a motion for summary judgment by May 5, 2023; (2) after the motion for summary judgment is filed, Plaintiffs will determine whether they believe any discovery is necessary for purposes of their response and inform the Court of the same by May 19, 2023; (3) Plaintiffs file a response to the motion for summary judgment (if no discovery is needed) by June 16, 2023, and Defendant a reply by July 14, 2023; and (4) setting up dates for dispositive motion responses and replies if discovery occurs. The Court approves the parties proposal. SO ORDERED. by Magistrate Judge Michael E. Hegarty on 2/22/2023. Text Only Entry (mehlc3, ) Modified to correct date on 2/22/2023 (cthom, ). (Entered: 02/22/2023) |
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