| Date Filed | Doc # | Docket Text |
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| 2022-04-20 | 1 | COMPLAINT against U.S. Department of Justice (Filing fee $402 receipt number AFLMDC-19478645) filed by The Foundation for Government Accountability. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Proposed Summons, # 5 Civil Cover Sheet)(Shapiro, Daniel) Modified on 4/21/2022, to edit duplicate docket text. (SPB). (Entered: 04/20/2022) |
| 2022-04-20 | 2 | NEW CASE ASSIGNED to Judge John L. Badalamenti and Magistrate Judge Mac R. McCoy. New case number: 2:22-cv-252-JLB-MRM. (NAS) (Entered: 04/20/2022) |
| 2022-04-20 | 3 | NOTICE of Appearance by Daniel Joseph Shapiro on behalf of The Foundation for Government Accountability (Shapiro, Daniel) (Entered: 04/20/2022) |
| 2022-04-20 | 4 | MOTION for Jeffrey M. Harris to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19479000 for $150 by The Foundation for Government Accountability. (Shapiro, Daniel) Motions referred to Magistrate Judge Mac R. McCoy. (Entered: 04/20/2022) |
| 2022-04-20 | 5 | ORDER granting 4 Motion for Jeffrey M. Harris to Appear Pro Hac Vice . The Clerk of Court is directed to add Jeffrey M. Harris to the service list. Unless already completed, within fourteen (14) days from the date of this Order, Jeffrey M. Harris must send the required fee to the Clerk's Office. Unless already completed, within fourteen (14) days from the date of this Order, Jeffrey M. Harris must complete and submit the E-Filer Registration Form for CM/ECF. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 4/20/2022. (CM) (Entered: 04/20/2022) |
| 2022-04-21 | 6 | NOTICE to counsel Frank H. Chang Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details The attorney listed shall file a notice of compliance within fourteen days. Failure to comply with this notice within fourteen days will result in counsel being terminated from the docket sheet without further notice. (Signed by Deputy Clerk). (SPB) (Entered: 04/21/2022) |
| 2022-04-21 | 7 | CIVIL Action Order. Signed by All Divisional Judges on 4/21/2022. (SPB) (Entered: 04/21/2022) |
| 2022-04-21 | 8 | NOTICE of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (SPB) (Entered: 04/21/2022) |
| 2022-04-22 | | REFUND for duplicate payment. Receipt number AFLMDC-19478604 refunded in the amount of $ $402.00 paid to Daniel J Shapiro. (NLC) (Entered: 04/22/2022) |
| 2022-04-22 | 9 | CERTIFICATE of interested persons and corporate disclosure statement by The Foundation for Government Accountability. (Harris, Jeffrey) (Entered: 04/22/2022) |
| 2022-04-22 | 10 | NOTICE of Lead Counsel Designation by Jeffrey M. Harris on behalf of The Foundation for Government Accountability. Lead Counsel: Jeffrey M. Harris. (Harris, Jeffrey) (Entered: 04/22/2022) |
| 2022-04-22 | 11 | PROPOSED summons to be issued by The Foundation for Government Accountability. (Attachments: # 1 AG, # 2 USAO)(Harris, Jeffrey) (Entered: 04/22/2022) |
| 2022-04-22 | 12 | SUMMONS issued as to U.S. Department of Justice, U.S. Attorney and U.S. Attorney General. (SPB) (Entered: 04/22/2022) |
| 2022-04-29 | 13 | PROOF of service as to Department of Justice served on 4/25/2022 by The Foundation for Government Accountability (Harris,Jeffrey) Modified on 5/2/2022, to edit service details. (SPB). (Entered: 04/29/2022) |
| 2022-05-03 | 14 | MOTION for Frank H. Chang to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19525936 for $150 by The Foundation for Government Accountability. (Harris, Jeffrey) Motions referred to Magistrate Judge Mac R. McCoy. (Entered: 05/03/2022) |
| 2022-05-03 | 15 | ORDER granting 14 Motion for Frank H. Chang to Appear Pro Hac Vice . The Clerk of Court is directed to add Frank H. Chang to the service list. Unless already completed, within fourteen (14) days from the date of this Order, Frank H. Chang must send the required fee to the Clerk's Office. Unless already completed, within fourteen (14) days from the date of this Order, Frank H. Chang must complete and submit the E-Filer Registration Form for CM/ECF. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 5/3/2022. (CM) (Entered: 05/03/2022) |
| 2022-05-03 | 16 | NOTICE of compliance re 6 Notice to Counsel of Local Rule by The Foundation for Government Accountability (Chang, Frank) (Entered: 05/03/2022) |
| 2022-05-23 | 17 | NOTICE of Appearance by Laurel H. Lum on behalf of U.S. Department of Justice (Lum, Laurel) (Entered: 05/23/2022) |
| 2022-05-23 | 18 | ANSWER to 1 Complaint by U.S. Department of Justice.(Lum, Laurel) (Entered: 05/23/2022) |
| 2022-05-24 | 19 | NOTICE of Hearing: Preliminary Pretrial Conference set for 7/12/2022 at 10:00 AM in Ft. Myers Courtroom 5 C before Magistrate Judge Mac R. McCoy. Notwithstanding any prior Order of the Court, the parties must jointly file a Case Management Report on the approved form no later than 7/5/2022. To the extent Fed. R. Civ. P. 16(b)(2) so requires, the Court finds good cause to extend the time period for entering the Case Management and Scheduling Order until after the Case Management Report is filed and the Preliminary Pretrial Conference is held. (FN) (Entered: 05/24/2022) |
| 2022-05-24 | 20 | ORDER Governing Preliminary Pretrial Conference. Signed by Magistrate Judge Mac R. McCoy on 5/24/2022. (FN) (Entered: 05/24/2022) |
| 2022-06-03 | 21 | Unopposed MOTION for Daniel Shapiro to Withdraw as Attorney by The Foundation for Government Accountability. (Shapiro, Daniel) Motions referred to Magistrate Judge Mac R. McCoy. (Entered: 06/03/2022) |
| 2022-06-03 | 22 | ENDORSED ORDER granting 21 Unopposed Motion for Leave to Withdraw as Counsel. Attorney Daniel J. Shapiro has no further responsibility in this case. The Clerk of Court is directed to terminate Attorney Daniel J. Shapiro as counsel of record in this case and to remove him from the electronic service list in CM/ECF. Signed by Magistrate Judge Mac R. McCoy on 6/3/2022. (CM) (Entered: 06/03/2022) |
| 2022-07-01 | 23 | Case Reassigned to U.S. Magistrate Judge Kyle C Dudek. New case number: 2:22-cv-252-JLB-KCD. Magistrate Judge Mac R. McCoy no longer assigned to the case. (SMG) (Entered: 07/01/2022) |
| 2022-07-05 | 24 | CASE MANAGEMENT REPORT. (Harris, Jeffrey) (Entered: 07/05/2022) |
| 2022-07-05 | 25 | NOTICE OF RESCHEDULING HEARING (AS TO COURTROOM AND JUDGE ONLY): The Preliminary Pretrial Conference hearing previously scheduled before U.S. Magistrate Judge Mac R. McCoy on 7/12/2022 is rescheduled. The Preliminary Pretrial Conference set for 7/12/2022 at 10:00AM will now be conducted in Ft. Myers Courtroom 6A before U.S. Magistrate Judge Kyle C Dudek. (AEH) (Entered: 07/05/2022) |
| 2022-07-06 | 26 | NOTICE of a related action per Local Rule 1.07(c) by The Foundation for Government Accountability. Related case(s): Yes (Harris, Jeffrey) (Entered: 07/06/2022) |
| 2022-07-08 | 27 | NOTICE OF COURTROOM CHANGE: The Preliminary Pretrial Conference scheduled for 7/12/2022 at 10:00 AM will be held in COURTROOM 4-E. (WRW) (Entered: 07/08/2022) |
| 2022-07-12 | 28 | ORAL MOTION for Extension of Time to File Interested Persons Disclosures by United States Department of Justice. (SMG) Motions referred to Magistrate Judge Kyle C. Dudek. (Entered: 07/12/2022) |
| 2022-07-12 | 29 | Minute Entry. In Person Proceedings held before Magistrate Judge Kyle C. Dudek: granting 28 Oral Motion for Extension of Time to File Interested Persons Disclosures; PRELIMINARY PRETRIAL CONFERENCE held on 7/12/2022. (DIGITAL) (SMG) (Entered: 07/12/2022) |
| 2022-07-12 | 31 | FOIA CASE MANAGEMENT AND SCHEDULING ORDER: Interested Persons Disclosures due by 7/15/2022, Amended Pleadings due by 7/19/2022, Joinder of Parties due by 7/19/2022, Completion of FOIA Production and Delivery to Plaintiff due by 9/1/2022, Vaughn Index Provided to Plaintiff due by 9/15/2022, Conduct mediation hearing by 9/23/2022, Joint Status Report due by 9/26/2022. The status report should address the outcome of mediation and whether any issues remain for summary judgment. Dispositive Motions due by 10/13/2022. Joint Status Report due 14-Days following the Court's decision on summary judgment, the parties shall file a status report outlining what remains of the case and a proposed schedule for addressing those issues. Signed by Magistrate Judge Kyle C. Dudek on 7/12/2022. (SMG) (Entered: 07/12/2022) |
| 2022-07-13 | 33 | CERTIFICATE of interested persons and corporate disclosure statement by United States Department of Justice. (Lum, Laurel) (Entered: 07/13/2022) |
| 2022-08-17 | 34 | Unopposed MOTION for Extension of Time to File Dispositive Briefing as well as Extension of All Scheduled Deadlines by United States Department of Justice. (Lum, Laurel) Motions referred to Magistrate Judge Kyle C. Dudek. (Entered: 08/17/2022) |
| 2022-08-17 | 35 | ENDORSED ORDER granting 34 Motion for Extension of Time to File. Given the parties' agreement, and the Court otherwise finding good cause, the existing case management deadlines are extended by a period of one week. A revised scheduling order will follow under separate cover. Signed by Magistrate Judge Kyle C. Dudek on 8/17/2022. (Dudek, Kyle) (Entered: 08/17/2022) |
| 2022-08-18 | 36 | Unopposed MOTION for Magistrate Judge to Oversee Mediation by United States Department of Justice. (Lum, Laurel) Modified on 8/19/2022, to edit docket text. (SPB). (Entered: 08/18/2022) |
| 2022-08-18 | 37 | First Amended FOIA CASE MANAGEMENT AND SCHEDULING ORDER: Signed by Magistrate Judge Kyle C. Dudek on 8/18/2022. (CGW) (Entered: 08/18/2022) |
| 2022-08-19 | 38 | ENDORSED ORDER granting 36 Unopposed Motion for Settlement Conference Before a Magistrate Judge. The Court sets an in-person settlement conference before Judge Kyle Dudek on September 28, 2022, starting at 8:30 a.m. If both parties want to appear by Zoom, they should request to do so no later than September 23, 2022. Signed by Magistrate Judge Kyle C. Dudek on 8/19/2022. (BLW) (Entered: 08/19/2022) |
| 2022-08-22 | 39 | NOTICE of hearing: Settlement Conference set for 9/28/2022 at 08:30 AM in Ft. Myers Courtroom 4 E before Magistrate Judge Kyle C. Dudek (CGW) (Entered: 08/22/2022) |
| 2022-08-24 | 40 | ORDER re 39 Notice of hearing. Signed by Magistrate Judge Kyle C. Dudek on 8/24/2022. (Dudek, Kyle) (Entered: 08/24/2022) |
| 2022-08-25 | 41 | NOTICE OF RESCHEDULING HEARING (AS TO TIME ONLY): The Settlement conference previously scheduled for 9/28/2022 at 8:30 AM is rescheduled. New time for the Settlement Conference is 9/28/2022 at 09:00 AM in Ft. Myers Courtroom 4 E before Magistrate Judge Kyle C. Dudek (CGW) (Entered: 08/25/2022) |
| 2022-08-30 | 42 | Joint MOTION for both parties' counsel to appear telephonically and/or virtually at mediation by The Foundation for Government Accountability. (Harris, Jeffrey) Motions referred to Magistrate Judge Kyle C. Dudek. (Entered: 08/30/2022) |
| 2022-08-30 | 43 | ENDORSED ORDER granting 42 Motion to Appear Virtually at Mediation. Given the parties' agreement, and the Court otherwise finding good cause, the upcoming mediation will be re-noticed to a remote proceeding. Further instructions will follow under separate order. Signed by Magistrate Judge Kyle C. Dudek on 8/30/2022. (Dudek, Kyle) (Entered: 08/30/2022) |
| 2022-08-31 | 44 | NOTICE OF RESCHEDULING HEARING: The Settlement conference hearing previously scheduled for 9/28/2022 at 9:00 A.M. before Magistrate Judge Kyle C. Dudek is rescheduled to occur via Zoom. Zoom instructions will be provided separately to counsel. (CGW) (Entered: 08/31/2022) |
| 2022-09-26 | 45 | NOTICE canceling Settlement conference hearing scheduled for 9/28/2022. (CGW) (Entered: 09/26/2022) |
| 2022-09-26 | 46 | ENDORSED ORDER. Given the Court's need to cancel the settlement conference previously scheduled for 9/28/22, additional modifications to the scheduling order are needed. First, the parties' written settlement submissions will now be due on 9/30/22. Counsel are instructed to use the same procedures previously conveyed (See Doc. 40). Second, the parties' joint status report to the Court is moved to 10/11/22. All other deadlines previously set (Doc. 37) remain in effect. Signed by Magistrate Judge Kyle C. Dudek on 9/26/2022. (Dudek, Kyle) (Entered: 09/26/2022) |
| 2022-09-26 | 47 | ZOOM NOTICE of hearing: Settlement Conference set for 10/4/2022 at 09:45 AM in Zoom Video Conference before Magistrate Judge Kyle C. Dudek. Zoom instructions will be sent separately to counsel and parties of record.(CGW) (Entered: 09/26/2022) |
| 2022-09-30 | 48 | NOTICE: Due to Hurricane Ian, the zoom settlement conference previously scheduled for 10/4/2022 at 9:45 a.m. is POSTPONED and will be rescheduled by separate notice. The Fort Myers courthouse will be closed through at least Friday, October 7. Updates will be posted to the court's website (www.flmd.uscourts.gov) as they become available. If you have a time-sensitive matter in the meantime, contact the Tampa division clerk's office at 813-301-5400. (SRW) (Entered: 09/30/2022) |
| 2022-10-11 | 49 | Joint STATUS report by The Foundation for Government Accountability. (Harris, Jeffrey) Modified on 10/12/2022 to edit docket text (LMW). (Entered: 10/11/2022) |
| 2022-10-20 | 50 | MOTION for Summary Judgment by United States Department of Justice. (Attachments: # 1 Exhibit Index, # 2 Exhibit A, Decl. of Kilian Kagle, # 3 Exhibit B, Vaughn Index, # 4 Exhibit C, Decl. of Vanessa Brinkmann)(Lum, Laurel) (Entered: 10/20/2022) |
| 2022-10-21 | 51 | SUMMARY JUDGMENT NOTICE and Courtesy Copies re 50 MOTION for Summary Judgment (SPB) (Entered: 10/21/2022) |
| 2022-11-03 | 52 | Cross MOTION for Summary Judgment and, MOTION for Miscellaneous Relief, specifically, alternatively, for in camera inspection and limited discovery and opposition to DOJ's motion for summary judgment by The Foundation for Government Accountability. (Attachments: # 1 Exhibit Index, # 2 Exhibit A_DOJ Production, # 3 Exhibit B_Plan Template, # 4 Exhibit C_Listening Session Notes, # 5 Exhibit Oral argument statement, # 6 Affidavit Chang Declaration)(Harris, Jeffrey). Modified docket text on 11/4/2022. (SPB) (Entered: 11/03/2022) |
| 2022-11-03 | 53 | JOINT MOTION for extension of schedule and page limits by The Foundation for Government Accountability. (Harris, Jeffrey) Motions referred to Magistrate Judge Kyle C. Dudek. Modified docket text on 11/4/2022 (SPB). (Entered: 11/03/2022) |
| 2022-11-04 | 54 | ENDORSED ORDER granting 53 Joint Motion for Extension of Schedule and Page Limits. DOJ shall file its combined response and reply, not exceeding 20 pages, by December 5, 2022. FGA shall file its reply, not exceeding 10 pages, within seven days of service of DOJ's combined response and reply. Signed by Magistrate Judge Kyle C. Dudek on 11/4/2022. (BLW) (Entered: 11/04/2022) |
| 2022-11-04 | 55 | SUMMARY JUDGMENT NOTICE and Courtesy Copies re 52 Cross MOTION for Summary Judgment. (SPB) (Entered: 11/04/2022) |
| 2022-12-05 | 56 | MEMORANDUM in opposition re 52 Motion for Summary Judgment, Motion for Miscellaneous Relief and Reply in support re 50 Defendant's Motion for Summary Judgment filed by United States Department of Justice. (Lum, Laurel) (Entered: 12/05/2022) |
| 2022-12-12 | 57 | REPLY in Support of 52 Cross-MOTION for Summary Judgment and, alternatively, for In Camera Inspection and Limited Discovery filed by The Foundation for Government Accountability. (Attachments: # 1 Exhibit DOD Strategic Plan)(Harris, Jeffrey) Modified text on 12/14/2022 (SEH). (Entered: 12/12/2022) |
| 2022-12-14 | 58 | ENDORSED ORDER directing the parties to confer and discuss dates they are both available for a Zoom settlement conference before the undersigned between 1/9/23 and 1/20/23. By 12/23/22, the parties must file a joint notice with two dates that work for said settlement conference. Signed by Magistrate Judge Kyle C. Dudek on 12/14/2022. (Dudek, Kyle) (Entered: 12/14/2022) |
| 2022-12-15 | 59 | Joint NOTICE of Availability for Settlement Conference by United States Department of Justice. (Lum, Laurel) Modified text on 12/16/2022 (SEH). (Entered: 12/15/2022) |
| 2022-12-20 | 60 | ENDORSED ORDER setting this matter for a Zoom settlement conference on 1/12/23 at 9:00 am. Zoom instructions will be sent to counsel separately. Signed by Magistrate Judge Kyle C. Dudek on 12/20/2022. (Dudek, Kyle) (Entered: 12/20/2022) |
| 2022-12-21 | 61 | NOTICE of hearing: Settlement Conference set for 1/12/2023 at 09:00 AM via Zoom Video Conference before Magistrate Judge Kyle C. Dudek. Zoom instructions will follow via separate email to counsel of record. (CGW) (Entered: 12/21/2022) |
| 2023-01-12 | 62 | Minute Entry. Virtual Proceedings held before Magistrate Judge Kyle C. Dudek: SETTLEMENT CONFERENCE held on 1/12/2023. IMPASSE. (CGW) (Entered: 01/12/2023) |
| 2023-06-01 | 63 | NOTICE of supplemental authority by The Foundation for Government Accountability. (Attachments: # 1 Exhibit A)(Harris, Jeffrey) Modified text on 6/1/2023 (SEH). (Entered: 06/01/2023) |
| 2023-07-18 | 64 | NOTICE of Appearance by Brian C. Rosen-Shaud on behalf of United States Department of Justice (Rosen-Shaud, Brian) (Entered: 07/18/2023) |
| 2023-07-18 | 65 | NOTICE of supplemental authority by United States Department of Justice. (Attachments: # 1 Exhibit A)(Rosen-Shaud, Brian) (Entered: 07/18/2023) |
| 2023-07-21 | 66 | RESPONSE re 65 Notice of filing supplemental authority filed by The Foundation for Government Accountability. (Harris, Jeffrey) (Entered: 07/21/2023) |
| 2023-08-25 | 67 | ORDER granting in part and denying in part 50 DOJ's Motion for Summary Judgment; and granting in part and denying in part 52 FGA's Motion for Summary Judgment and, Alternatively, for In Camera Inspection. See Order for details. On or before September 8, 2023, DOJ will provide the Court with copies of the documents identified in Vaughn Index entries 53 and 71, as well as the Strategic Plan identified in the Vaughn Index such that the Court can conduct an in camera review to evaluate the DOJ's stated justifications for withholding those documents. Signed by Judge John L. Badalamenti on 8/25/2023. (LH) (Entered: 08/25/2023) |
| 2023-09-08 | 68 | MOTION for Leave to File Other Document :Supplemental Declaration by United States Department of Justice. (Attachments: # 1 Supplement Declaration of Richard A. Sauber)(Rosen-Shaud, Brian) (Entered: 09/08/2023) |
| 2023-09-08 | 70 | SEALED DOCUMENT re 67 Order by United States Department of Justice (Attachments: # 1 Attachment A, # 2 Attachment B)(JGG). (Entered: 09/12/2023) |
| 2023-09-11 | 69 | RESPONSE in Opposition re 68 MOTION for Leave to File Other Document :Supplemental Declaration filed by The Foundation for Government Accountability. (Harris, Jeffrey) (Entered: 09/11/2023) |
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