Webster et al v. United States Department of Justice et al

District of Columbia, dcd-1:2002-cv-00603

ORDER denying without prejudice with leave to renew {{103}} Motion for Summary Judgment; denying without prejudice with leave to renew {{107}} Motion for Summary Judgment; finding as moot {{116}} Motion for Extension of Time to file a revised briefing sche dule; finding as moot {{117}} Motion for Extension of Time to file a revised briefing schedule; granting {{126}} Joint Motion to stay proceedings and amend briefing schedule. Proceedings are stayed for no longer than 6 months (2/8/12) pending re-processi ng of Plaintiff's FOIA request; that within 5 days of completing the re-processing, parties shall confer and then within 7 days thereafter jointly submit proposed amendments to the briefing schedule. Further, defendant shall file status reports every 30 days beginning 9/1/2011. Therefore, the hearing scheduled for 8/16/2011 is cancelled and instead defendant's counsel shall initiate a telephone conference call on 8/16/2011 at 11:00am to address any further issues. Signed by Judge Frederick J. Scullin, Jr on 8/8/2011. (the Court notes that pursuant to MDO issued 2/27/2007 all claims against CIA were dismissed)

Interested in this case?

Current View

Full Text

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ________________________________________________ CARL OGLESBY, Plaintiff, v. 1:02-CV-603 (FJS) UNITED STATES DEPARTMENT OF JUSTICE and CENTRAL INTELLIGENCE AGENCY, Defendants. ________________________________________________ APPEARANCES OF COUNSEL OFFICES OF JAMES H. LESAR JAMES H. LESAR, ESQ. 1003 K Street, N.W. Suite 640 Washington, D.C. 20001 Attorneys for Plaintiff UNITED STATES DEPARTMENT VANESSA R. BRINKMANN, ESQ. OF JUSTICE, OFFICE OF INFORMATION POLICY 1425 New York Avenue, N.W. Suite 11050 Washington, D.C. 20530-0001 Attorneys for Defendants SCULLIN, Senior Judge ORDER On August 1, 2011, the parties filed a joint motion to stay these proceedings and to amend the briefing schedule. See Dkt. No. 126. Having reviewed the parties' submissions, the Court hereby ORDERS that the parties' joint motion is GRANTED;1 and the Court further ORDERS that these proceedings shall be stayed pending Defendant FBI's administrative re-processing of Plaintiff's FOIA request; however, such stay shall not exceed six (6) months, i.e., February 8, 2012; and the Court further ORDERS that, within five (5) days of concluding its administrative re-processing of Plaintiff's FOIA request, Defendant FBI shall confer with Plaintiff; and the parties shall jointly submit to the Court proposed amendments to the briefing schedule, if necessary, within seven (7) days of conferring;2 and the Court further ORDERS that Defendant FBI shall file with the Court status updates regarding the progress of its administrative re-processing of Plaintiff's FOIA request every thirty (30) days, beginning September 1, 2011; and the Court further ORDERS that Defendant FBI's second renewed motion for summary judgment, see Dkt. No. 103, is DENIED without prejudice and with leave to renew, if necessary, after Defendant FBI completes its re-processing of Plaintiff's FOIA request;3 and the Court further 1 By Memorandum Opinion and Order dated February 27, 2007, the Court granted Defendants' motion for summary judgment with regard to the claims against Defendant Central Intelligence Agency. See Dkt. No. 66. Therefore, the only Defendant that remains in this case is Defendant United States Department of Justice (hereinafter referred to as "Defendant FBI"). 2 Should Defendant FBI complete its administrative re-processing of Plaintiff's FOIA request prior to the February 8, 2012 deadline, Defendant FBI shall confer with Plaintiff within five (5) days of the conclusion of said re-processing; and the parties shall jointly submit to the Court proposed amendments to the briefing schedule, if necessary, within seven (7) days of conferring. 3 If Defendant FBI decides to renew its motion for summary judgment after it completes its administrative re-processing of Plaintiff's FOIA request, Defendant FBI may do so by filing a Notice of Motion and any additional papers that are necessary to support that motion. Defendant (continued...) -2- ORDERS that Plaintiff's second renewed cross-motion for summary judgment, see Dkt. No. 107, is DENIED without prejudice and with leave to renew, if necessary, after Defendant FBI completes its re-processing of Plaintiff's FOIA request;4 and the Court further ORDERS that the parties' joint motion for an order to stay these proceedings and to amend the briefing schedule, which they filed on March 23, 2011, see Dkt. No. 112, is DENIED as moot; and the Court further ORDERS that the parties' joint motion for an order to amend the briefing schedule, which they filed on April 22, 2011, see Dkt. No. 113, is DENIED as moot; and the Court further ORDERS that Plaintiff's unopposed motions, which he filed on June 23, 2011, see Dkt. No. 116, and on July 14, 2011, see Dkt. No. 117, are DENIED as moot; and the Court further ORDERS that the hearing scheduled for August 16, 2011, at 11:00 a.m., see Minute Entry dated July 21, 2011, is CANCELLED; and the Court further 3 (...continued) FBI will not need to re-file any of the papers that it has already filed and may, instead, refer to those papers in its Notice of Motion and supporting papers. 4 If Plaintiff decides to renew its cross-motion for summary judgment after Defendant FBI completes its administrative re-processing of Plaintiff's FOIA request, Plaintiff may do so by filing a Notice of Motion and any additional papers that are necessary to support that motion. Plaintiff will not need to re-file any of the papers that he has already filed and may, instead, refer to those papers in his Notice of Motion and supporting papers. -3- ORDERS that Defendant FBI's counsel shall initiate a telephone conference with the Court and opposing counsel, using a professional teleconferencing service, on August 16, 2011, at 11:00 a.m. to address any further issues that either the Court or the parties may wish to raise regarding this re-processing procedure and any subsequent proceedings in this case. For the purpose of this telephone conference, the Court's telephone number is 202-354-3536. IT IS SO ORDERED. Dated: August 8, 2011 Syracuse, New York -4-