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13-555 - SHAPIRO et al v. DEPARTMENT OF JUSTICE


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13-555 - SHAPIRO et al v. DEPARTMENT OF JUSTICE
September 19, 2013
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MEMORANDUM OPINION AND ORDER discharging [#8] order to show cause issued by Chief Judge Roberts; the parties shall meet and confer, and shall file a joint report containing a proposed briefing schedule on or before October 3, 2013. Signed by Judge Paul L. Friedman on September 19, 2013. (MA) Modified on 9/20/2013 (zmm, ).
January 22, 2016
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MEMORANDUM AND OPINION: The FBI's motion for summary judgment 21 is GRANTED in part and DENIED in part. The plaintiffs' cross-motion for partial summary judgment 28 is GRANTED in part and DENIED in part. A separate Order will issue following the status conference in this matter. See Memorandum Opinion for details. Signed by Judge Randolph D. Moss on 1/22/2016. (lcrdm2, )
April 8, 2016
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MEMORANDUM OPINION AND ORDER: Upon consideration of the joint report 51, the Court hereby ORDERS that (1) on or before May 10, 2016, the FBI shall produce all responsive records in this case except (a) those records the Court determined were properly withheld in its January 22, 2016 opinion, (b) those records about which the Court previously directed further briefing, and (c) those records that the FBI believes would, if released, compromise national security or sensitive, personal, private information; (2) on or before May 10, 2016, the FBI shall submit a renewed motion for summary judgment, supplemented by further evidentiary submissions, regarding those records that it intends to withhold consistent with the Court's January 22, 2016 opinion and this Order; (3) the plaintiffs may file a renewed cross-motion for summary judgment and opposition to the FBI's renewed motion for summary judgment, limited to the issues described above and the propriety of declaratory and injunctive relief, on or before June 7, 2016; (4) the FBI may file a reply in support of its renewed motion for summary judgment and opposition to the plaintiffs' cross-motion for summary judgment on or before July 5, 2016; (5) the plaintiffs may file a reply in support of their cross-motion for summary judgment on or before July 19, 2016; and (6) if the FBI seeks to stay any of the production obligations outlined in this Order, it shall file a motion to that effect on or before April 29, 2016. See Memorandum Opinion and Order for more details. Signed by Judge Randolph D. Moss on 4/8/2016. (lcrdm2, ) (Main Document 53 replaced on 4/11/2016) (kt).
May 25, 2016
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MEMORANDUM OPINION AND ORDER: For the reasons stated in this Memorandum Opinion, the Court hereby ORDERS that: (1) The FBI's motion for reconsideration 55 is hereby GRANTED in part and DENIED in part. (2) The FBI's motion for a partial stay 60 is hereby GRANTED in part and DENIED in part. The FBI's obligation to produce the case evaluation forms to the plaintiffs is hereby STAYED through and until July 25, 2016, or, if the FBI files a notice of appeal by that date, pending appeal. (3) If the FBI does not file a notice of appeal by July 25, 2016, it shall produce the case evaluation forms to the plaintiffs on or before that date. (4) The FBI shall produce the records to plaintiff Shapiro that would otherwise only be impacted by the FBI's late assertion of the Exemption 5 deliberative-process privilege on or before July 25, 2016. If the FBI files a notice of appeal as to this specific production obligation, the order set out in this paragraph is stayed pending appeal. (5) The briefing schedule entered on April 8, 2016, remains in place. See document for details. Signed by Judge Randolph D. Moss on 5/25/2016. (lcrdm2, )
March 6, 2017
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MEMORANDUM OPINION AND ORDER: The FBI's motion for leave to file Hardy's eighth declaration ex parte and in camera 75 is hereby GRANTED; Plaintiffs' motion to strike the eighth Hardy declaration and to make public portions of the third and sixth Hardy declarations 81 is hereby DENIED. The FBI's motion for summary judgment 57 is hereby GRANTED as to the application of Exemption 7(E) to the search processing records relating to the forty-two parent FOIA requests for which Shapiro received No Records responses; as to the application of FOIA Exemption 1; and as to the application of Exemption 5 to the McGehee litigation documents, and to the Zubaydah documents to the extent that they reflect deliberations about the FBI's litigation strategy and defense; and the motion is otherwise DENIED. Plaintiffs' cross-motion for summary judgment 68 is hereby GRANTED as to the application of Exemption 7(A) to records relating to the murder of Dr. Hyram Kitchen, and the motion is otherwise DENIED. See attached document for details. Signed by Judge Randolph D. Moss on 3/6/2017. (lcrdm2, )