Case: Prison Legal News v. Lappin

1:05-cv-01812 | U.S. District Court for the District of Columbia

Filed Date: Sept. 13, 2005

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On September 13, 2005, Prison Legal News (PLN), a non-profit legal journal devoted to reporting news and litigation concerning detention facilities, filed this action against the Bureau of Prisons (BOP) in the U.S. District Court for the District of Columbia. PLN sought declaratory and injunctive relief for the defendant's refusal to produce documents requested by PLN under the Freedom of Information Act (FOIA) or grant a fee waiver for the document requests. The case was assigned to Judge Regg…

On September 13, 2005, Prison Legal News (PLN), a non-profit legal journal devoted to reporting news and litigation concerning detention facilities, filed this action against the Bureau of Prisons (BOP) in the U.S. District Court for the District of Columbia. PLN sought declaratory and injunctive relief for the defendant's refusal to produce documents requested by PLN under the Freedom of Information Act (FOIA) or grant a fee waiver for the document requests. The case was assigned to Judge Reggie B. Walton.

PLN had submitted a FOIA request to the BOP on August 6, 2003, seeking documents related to litigation expenses incurred by the BOP between January 1, 1996 and July 31, 2003. In conjunction with the information request, PLN also asked the BOP to waive all associated search and duplication fees, citing the FOIA provision that required a waiver where "disclosure of the information is in the public interest. . . and not primarily in the commercial interest of the requestor." The BOP refused to grant the fee waiver, claiming that PLN had failed to explain how the information request would be of public interest, and that the request was overbroad. PLN appealed the BOP's decision to the U.S. Department of Justice's Office of Information and Privacy, which concluded that PLN's request for a fee waiver had properly been denied. Specifically, PLN did not demonstrate that the information would be communicated to the public and the release of the requested information would not enhance the public's understanding—especially considering that some of the requested documents were already publicly available.

After the plaintiff began this action, the defendant filed for summary judgment on November 30, 2005. PLN filed a cross-motion for summary judgment on December 30, 2005. On June 26, 2006, the court concluded that the plaintiff had sufficiently established that disclosure of the requested information was in the public interest because it was likely to contribute significantly to public understanding of the operations or activities of the government. The court also found that the plaintiff had demonstrated its intent and ability to disseminate the information to the relevant public. The defendant stipulated to pay $48,709.72 in attorney's fees and costs.

On February 15, 2007, the court first ordered the defendant to process the plaintiff's FOIA request by March 20, 2007. But the defendant continued to request extensions of time to comply. PLN did not oppose the extensions until September 2007, when it noted to the court that compliance was already long overdue.

The defendant eventually produced approximately 11,000 pages in response to the plaintiff’s FOIA request, but 2,993 of these pages contained redactions. The defendant stated that these redactions were allowed under specific FOIA exemptions, but the plaintiff claimed that the defendant’s justification was insufficient. PLN filed for judgment on March 28, 2008 and a court order for the defendant to properly comply with the request. The defendants filed a cross-motion for summary judgment. On March 26, 2009, the court ordered the defendant to either search for the records sought by the plaintiff or submit an affidavit indicating that the documents could be properly withheld under FOIA exemptions.

On February 25, 2011, the court granted in part and denied in part both parties' motions for summary judgment. It agreed that the defendant had adequately searched for the requested documents, but agreed with the plaintiff that the defendant had not sufficiently justified its use of FOIA exemptions to redact or withhold information. The court requested that the defendant provide additional explanations about the relative weight of competing public and private interests at stake in a sufficiently detailed manner to enable the court to assess whether the exemptions were properly asserted. The court issued a schedule for the defendant to bring itself into compliance with the requirements of Vaughn v. Rosen. A Vaughn index is an itemized, detailed justification of a party’s claims that documents or portions thereof are exempt from FOIA. 484 F.2d 820.

In May 2011, the defendant produced a new Vaughn index, which the plaintiff claimed did not sufficiently justify the redactions. In response, the defendant provided the plaintiff with newly redacted documents, and a second supplemental Vaughn index. The plaintiff was still unsatisfied, because the documents contained redactions of individual names, job titles, department descriptions, work addresses, dates of employment, dates of events and entire sentences of text. In a memorandum opinion issued on July 23, 2013, the court ruled in favor of the defendant: it held that the defendant had properly relied on an exemption that allows information to be redacted or withheld if there is a clearly unwarranted invasion of personal privacy that is not outweighed by the public interest. At this time, the case was closed.

The plaintiff appealed to the DC Circuit Court on August 22, 2013 (USCA Case Number 12-5269). PLN argued that the district court erred in balancing the individual's privacy interest against the public interest in disclosure. On August 5, 2015, the Court of Appeals held that the defendant had not sufficiently justified its redactions; the court reversed and remanded the district court’s decision. The court concluded that the defendant had combined the privacy interests of all individuals whose information was redacted into categories based on the type of document within which the individual's information appeared. The court found several problems with this categorical methodology: because the categories were centered on specific types of filed documents, they included a wide range of claims covering various degrees of privacy interests. But these privacy interests could be different depending on the claim. The categorical approach failed to distinguish between redacting the identity of the alleged victim and the identity of the alleged perpetrator, and the defendant made no effort to distinguish between the privacy interests of employees who were victims and those who were perpetrators. The court also found that the defendant redacted inconsistently; the names of some alleged perpetrators were redacted while others were not. For all these reasons, the Court of Appeals remanded the case, requiring the defendant to fashion a coherent catalogue of the documents still in dispute and instructing the district court to balance privacy and public interests in light of the defendant’s new submissions. 787 F.3d 1142.

On April 3, 2017, the district court approved a settlement. The parties stipulated that the defendant had acceptably produced the documents originally requested by the plaintiff and the defendant agreed to pay $420,000 in the plaintiff's attorneys’ fees and costs. The plaintiff agreed to forever discharge, release, and withdraw any claims of access to records or portions of records previously made in the lawsuit. The case was dismissed and is now closed.

Summary Authors

Kristen Sagar (6/26/2009)

Esther Vinarov (11/28/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4202942/parties/prison-legal-news-v-lappin/


Judge(s)

Walton, Reggie B. (District of Columbia)

Attorneys(s) for Plaintiff

Cook, Adam K (Vermont)

Elder, Edward J (Virginia)

Klimaski, James R (District of Columbia)

London, Ronald G (District of Columbia)

Messineo, Carl L (District of Columbia)

Miller, Lynn Illene (District of Columbia)

Verheyden-Hilliard, Mara E (District of Columbia)

Attorneys(s) for Defendant

Contreras, Rudolph (District of Columbia)

Johnson, Wyneva (District of Columbia)

Judge(s)

Walton, Reggie B. (District of Columbia)

Attorneys(s) for Plaintiff

Cook, Adam K (Vermont)

Elder, Edward J (Virginia)

Klimaski, James R (District of Columbia)

London, Ronald G (District of Columbia)

Messineo, Carl L (District of Columbia)

Miller, Lynn Illene (District of Columbia)

Verheyden-Hilliard, Mara E (District of Columbia)

Attorneys(s) for Defendant

Contreras, Rudolph (District of Columbia)

Johnson, Wyneva (District of Columbia)

Machen, Ronald C (District of Columbia)

Van Horn, Daniel F (District of Columbia)

Wainstein, Kenneth L. (District of Columbia)

Documents in the Clearinghouse

Document

1:05-cv-01812

Docket [PACER]

April 3, 2017

April 3, 2017

Docket
1

1:05-cv-01812

Verified Complaint for Declaratory and Injunctive Relief to Obtain Freedom of Information Act Information

Sept. 13, 2005

Sept. 13, 2005

Complaint
17

1:05-cv-01812

Order [re: Summary Judgment]

June 26, 2006

June 26, 2006

Order/Opinion
18

1:05-cv-01812

Memorandum Opinion

436 F.Supp.2d 17

June 26, 2006

June 26, 2006

Order/Opinion

1:05-cv-01812

Parties' Stipulation of Attorney's Fees and Costs Payable to Plaintiff and Order

Aug. 17, 2006

Aug. 17, 2006

Order/Opinion
23

1:05-cv-01812

Defendant's Response to the Court's June 26, 2006 Order

Aug. 29, 2006

Aug. 29, 2006

Pleading / Motion / Brief
41

1:05-cv-01812

Plaintiff's Memorandum to Defendant's Latest Motion for a Further Enlargement of Time

Sept. 12, 2007

Sept. 12, 2007

Pleading / Motion / Brief
60

1:05-cv-01812

Order

PLN v. Lappin

603 F.Supp.2d 124

March 26, 2009

March 26, 2009

Order/Opinion
61

1:05-cv-01812

Memorandum Opinion

PLN v. Lappin

March 26, 2009

March 26, 2009

Order/Opinion
68

1:05-cv-01812

Order

Feb. 25, 2010

Feb. 25, 2010

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4202942/prison-legal-news-v-lappin/

Last updated Aug. 15, 2022, 3:21 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against HARLEY G. LAPPIN (Filing fee $ 250) filed by PRISON LEGAL NEWS.(td, ) (Entered: 09/15/2005)

Sept. 13, 2005

Sept. 13, 2005

RECAP

SUMMONS (3) Issued as to HARLEY G. LAPPIN, U.S. Attorney and U.S. Attorney General (td, )

Sept. 13, 2005

Sept. 13, 2005

PACER
2

NOTICE of Appearance by Wyneva Johnson on behalf of HARLEY G. LAPPIN (Johnson, Wyneva) (Entered: 09/28/2005)

Sept. 28, 2005

Sept. 28, 2005

RECAP
3

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by HARLEY G. LAPPIN. (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 09/28/2005)

1 Text of Proposed Order

View on RECAP

Sept. 28, 2005

Sept. 28, 2005

RECAP

MINUTE ORDER granting 3 Motion for Extension of Time to Answer. The defendants shall file an answer or otherwise respond to the plaintiff's complaint by 11/21/2005. Signed by Judge Reggie B. Walton on 9/28/05. (lcrbw1, )

Sept. 28, 2005

Sept. 28, 2005

PACER
4

Unopposed MOTION for Extension of Time to File Answer or Respond by HARLEY G. LAPPIN. (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 11/15/2005)

1 Text of Proposed Order

View on RECAP

Nov. 15, 2005

Nov. 15, 2005

RECAP

MINUTE ORDER granting 4 Motion for Extension of Time to Answer. The defendant shall file an answer or otherwise respond to the plaintiff's complaint by 11/21/05. Signed by Judge Reggie B. Walton on 11/15/05. (lcrbw1, )

Nov. 16, 2005

Nov. 16, 2005

PACER
5

Unopposed MOTION for Extension of Time to File Answer or Respond by HARLEY G. LAPPIN. (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 11/21/2005)

1 Text of Proposed Order

View on RECAP

Nov. 21, 2005

Nov. 21, 2005

RECAP

MINUTE ORDER granting 5 Motion for Extension of Time. The defendant shall file an answer or otherwise respond to the plaintiff's complaint by 11/30/2005. Signed by Judge Reggie B. Walton on 11/30/05. (lcrbw1, )

Nov. 30, 2005

Nov. 30, 2005

PACER
6

MOTION for Summary Judgment by HARLEY G. LAPPIN. (Attachments: # 1 Statement of Facts # 2 Affidavit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit)(Johnson, Wyneva) (Entered: 11/30/2005)

1 Statement of Facts

View on RECAP

2 Affidavit

View on RECAP

3 Exhibit

View on RECAP

4 Exhibit

View on RECAP

5 Exhibit

View on RECAP

6 Exhibit

View on RECAP

7 Exhibit

View on RECAP

Nov. 30, 2005

Nov. 30, 2005

RECAP
7

Consent MOTION for Extension of Time to File Opposition to Summary Judgment by PRISON LEGAL NEWS. (Elder, Edward) (Entered: 12/07/2005)

Dec. 7, 2005

Dec. 7, 2005

RECAP

MINUTE ORDER granting 7 Motion for Extension of Time. The plaintiff's opposition shall be filed by 12/23/05, and the defendant's reply shall be filed by 1/11/06. Signed by Judge Reggie B. Walton on 12/8/05. (lcrbw1, )

Dec. 8, 2005

Dec. 8, 2005

PACER
8

Second MOTION for Extension of Time to File Opposition by PRISON LEGAL NEWS. (Elder, Edward) (Entered: 12/23/2005)

Dec. 23, 2005

Dec. 23, 2005

RECAP

MUNUTE ORDER granting 8 Unopposed Motion for Extend Deadline for Plaintiff's Summary Judgment Opposition. The plaintiff shall file its opposition to the defendant's motion for summary judgment by December 30, 2005. Signed by Judge Reggie B. Walton on December 23, 2005. (lcrbw3, )

Dec. 23, 2005

Dec. 23, 2005

PACER
9

Memorandum in opposition to re 6 to Defendant's motion for summary judgment and Cross Motion for summary judgment in favor of Plaintiff filed by PRISON LEGAL NEWS. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Affidavit # 8 Affidavit # 9 Affidavit # 10 Affidavit # 11 Affidavit)(Elder, Edward) (Entered: 12/30/2005)

1 Exhibit

View on RECAP

2 Exhibit

View on RECAP

3 Exhibit

View on RECAP

4 Exhibit

View on RECAP

5 Exhibit

View on RECAP

6 Exhibit

View on RECAP

7 Affidavit

View on RECAP

8 Affidavit

View on RECAP

9 Affidavit

View on RECAP

10 Affidavit

View on RECAP

11 Affidavit

View on RECAP

Dec. 30, 2005

Dec. 30, 2005

RECAP
15

CROSS MOTION for Summary Judgment by PRISON LEGAL NEWS. (Please see Document No. 9 for scanned images). (nmw, ) (Entered: 02/01/2006)

Dec. 30, 2005

Dec. 30, 2005

PACER
10

NOTICE of Separate Filing on Paper and Compact Disk of Exhibit 5 to PLN's Summary Judgment Opp. and Cross Motion for Summary Judgment by PRISON LEGAL NEWS re 9 Memorandum in Opposition, (Elder, Edward) (Entered: 01/03/2006)

Jan. 3, 2006

Jan. 3, 2006

RECAP
11

Unopposed MOTION for Extension of Time to File Response/Reply as to 9 Memorandum in Opposition, to Defendant's Motion for Summary Judgment and its Opposition to Plaintiff's Cross Motion for Summary Judment by HARLEY G. LAPPIN. (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 01/10/2006)

1 Text of Proposed Order

View on RECAP

Jan. 10, 2006

Jan. 10, 2006

RECAP

MINUTE ORDER granting 11 Motion for Extension of Time. The defendant's reply shall be filed by 1/25/2006. Signed by Judge Reggie B. Walton on 1/11/06. (lcrbw1, )

Jan. 11, 2006

Jan. 11, 2006

PACER
12

MOTION for Extension of Time to File Response/Reply as to 9 Memorandum in Opposition, by HARLEY G. LAPPIN. (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 01/25/2006)

1 Text of Proposed Order

View on RECAP

Jan. 25, 2006

Jan. 25, 2006

RECAP

MINUTE ORDER granting 12 Motion for Extension of Time to File Response/Reply. The defendant's reply shall be filed by 1/31/06. Signed by Judge Reggie B. Walton on 1/26/06. (lcrbw1, )

Jan. 26, 2006

Jan. 26, 2006

PACER
13

REPLY to opposition to motion re 6, i.e., Defendant's Motion for Summary Judgment filed by HARLEY G. LAPPIN. (Attachments: # 1 Defendant's Opposition to Plaintiff's Statement of Material Facts Not in Dispute# 2 Text of Proposed Order)(Johnson, Wyneva) (Entered: 01/31/2006)

1 Defendant's Opposition to Plaintiff's Statement of Material Facts Not

View on RECAP

2 Text of Proposed Order

View on RECAP

Jan. 31, 2006

Jan. 31, 2006

RECAP
14

RESPONSE to 15 Plaintiff's Cross Motion for Summary Judgment (Opposition) filed by HARLEY G. LAPPIN. (Attachments: # 1 Defendant's Opposition to Plaintiff's Statement of Material Facts Not in Dispute# 2 Text of Proposed Order)(Johnson, Wyneva) Modified on 2/1/2006 (nmw, ). (Entered: 01/31/2006)

1 Defendant's Opposition to Plaintiff's Statement of Material Facts Not

View on RECAP

2 Text of Proposed Order

View on RECAP

Jan. 31, 2006

Jan. 31, 2006

RECAP
16

REPLY to opposition to motion re 9 Memorandum in Opposition, and Cross Motion for Summary Judgment filed by PRISON LEGAL NEWS. (Elder, Edward) (Entered: 02/10/2006)

Feb. 10, 2006

Feb. 10, 2006

RECAP
17

ORDER denying 6 Motion for Summary Judgment, granting 15 Motion for Summary Judgment. Signed by Judge Reggie B. Walton on 6/26/06. (lcrbw1, ) (Entered: 06/26/2006)

June 26, 2006

June 26, 2006

RECAP
18

MEMORANDUM AND OPINION. Signed by Judge Reggie B. Walton on 6/26/06. (lcrbw1, ) (Entered: 06/26/2006)

June 26, 2006

June 26, 2006

RECAP
19

Consent MOTION for Extension of Time to File Fee Petition by PRISON LEGAL NEWS. (Attachments: # 1 Text of Proposed Order)(Elder, Edward) (Entered: 07/06/2006)

1 Text of Proposed Order

View on RECAP

July 6, 2006

July 6, 2006

RECAP

MINUTE ORDER granting 19 Motion for Extension of Time. The plaintiff shall file a motion for attorney's fees by 8/9/06. The government shall file any opposition by 9/6/06, and any reply thereto shall be filed by 9/20/06. Signed by Judge Reggie B. Walton on 7/7/06. (lcrbw1, )

July 7, 2006

July 7, 2006

PACER
20

MOTION for Attorney Fees and Costs by PRISON LEGAL NEWS. (Attachments: # 1 Memoranda in Support# 2 Appendix Accounting of Fees and Costs)(Elder, Edward) (Entered: 08/09/2006)

1 Memoranda in Support

View on RECAP

2 Appendix Accounting of Fees and Costs

View on RECAP

Aug. 9, 2006

Aug. 9, 2006

RECAP
21

Amended MOTION for Attorney Fees and Costs by PRISON LEGAL NEWS. (Attachments: # 1 Memoranda in Support# 2 Affidavit Of Edward J. Elder# 3 Attachment A# 4 Attachment B# 5 Attachment C# 6 Text of Proposed Order)(Elder, Edward) (Entered: 08/11/2006)

1 Memoranda in Support

View on RECAP

2 Affidavit Of Edward J. Elder

View on RECAP

3 Attachment A

View on RECAP

4 Attachment B

View on RECAP

5 Attachment C

View on RECAP

6 Text of Proposed Order

View on RECAP

Aug. 11, 2006

Aug. 11, 2006

RECAP
22

ERRATA by PRISON LEGAL NEWS 21 Amended MOTION for Attorney Fees and Costs filed by PRISON LEGAL NEWS,. (Attachments: # 1 Memorandum in Support of Amended Motion for Attorney's Fees and Costs)(Elder, Edward) (Entered: 08/11/2006)

1 Memorandum in Support of Amended Motion for Attorney's Fees and Costs

View on RECAP

Aug. 11, 2006

Aug. 11, 2006

RECAP
23

RESPONSE TO ORDER OF THE COURT re 17 Order on Motion for Summary Judgment, filed by HARLEY G. LAPPIN. (Attachments: # 1 Exhibit Declaration of Wilson J. Moorer# 2 Exhibit)(Johnson, Wyneva) (Entered: 08/29/2006)

1 Exhibit Declaration of Wilson J. Moorer

View on RECAP

2 Exhibit

View on RECAP

Aug. 29, 2006

Aug. 29, 2006

RECAP

MINUTE ORDER. In accordance with the Court's June 26, 2006 Order, the defendant shall advise the Court by September 15, 2006, of the time that will be required to process the plaintiff's FOIA request. Signed by Judge Reggie B. Walton on 9/5/06. (lcrbw2, )

Sept. 5, 2006

Sept. 5, 2006

PACER
24

Unopposed MOTION for Extension of Time to file its Response to plaintiff's Amended Petition for Attorney's Fees by HARLEY G. LAPPIN. (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 09/06/2006)

1 Text of Proposed Order

View on RECAP

Sept. 6, 2006

Sept. 6, 2006

RECAP
25

ERRATA (RE: Document #24) by HARLEY G. LAPPIN 24 Unopposed MOTION for Extension of Time to file its Response to plaintiff's Amended Petition for Attorney's Fees filed by HARLEY G. LAPPIN,. (Attachments: # 1 Defendant's Unopposed Motion for Enlargement of Time# 2 Text of Proposed Order)(Johnson, Wyneva) (Entered: 09/06/2006)

1 Defendant's Unopposed Motion for Enlargement of Time

View on RECAP

2 Text of Proposed Order

View on RECAP

Sept. 6, 2006

Sept. 6, 2006

RECAP

ORDER granting 24, 25 Motion for Extension of Time. The defendant shall file its response to plaintiff's amended petition for attorney's fees by September 13, 2006. Signed by Judge Reggie B. Walton on 9/8/06. (lcrbw2, )

Sept. 8, 2006

Sept. 8, 2006

PACER
26

STIPULATION and Order Concerning Attorney's Fees and Costs by HARLEY G. LAPPIN. (Johnson, Wyneva) Additional attachment(s) added on 9/19/2006 (mpt, ). (Entered: 09/13/2006)

Sept. 13, 2006

Sept. 13, 2006

RECAP
27

Unopposed MOTION for Extension of Time to advise the Court of time required to process Plaintiff's FOIA request by HARLEY G. LAPPIN. (Attachments: # 1 Moorer Declaration# 2 Text of Proposed Order)(Johnson, Wyneva) (Entered: 09/15/2006)

1 Moorer Declaration

View on RECAP

2 Text of Proposed Order

View on RECAP

Sept. 15, 2006

Sept. 15, 2006

RECAP

MINUTE ORDER denying as moot 20 Motion for Attorney Fees, denying as moot 21 Amended Motion for Attorney Fees. Signed by Judge Reggie B. Walton on 9/18/06. (lcrbw2)

Sept. 18, 2006

Sept. 18, 2006

PACER

MINUTE ORDER granting 27 Motion for Extension of Time. The defendant shall have up to and including September 29, 2006 to advise the Court of the time that will be required to process the plaintiff's FOIA request. Signed by Judge Reggie B. Walton on 9/18/06. (lcrbw2)

Sept. 18, 2006

Sept. 18, 2006

PACER
28

MOTION for Extension of Time to process plaintiff's FOIA request by HARLEY G. LAPPIN. (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 09/28/2006)

1 Text of Proposed Order

View on RECAP

Sept. 28, 2006

Sept. 28, 2006

RECAP

MINUTE ORDER granting 28 Motion for Extension of Time. The defendant shall advise the Court of the time that will be required to process the plaintiff's FOIA request by November 1, 2006. Signed by Judge Reggie B. Walton on 9/29/06. (lcrbw2)

Sept. 29, 2006

Sept. 29, 2006

PACER
29

Consent MOTION for Extension of Time to advise the Court of the time that will be required to process plaintiffs FOIA request by HARLEY G. LAPPIN. (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 11/01/2006)

1 Text of Proposed Order

View on RECAP

Nov. 1, 2006

Nov. 1, 2006

RECAP
30

MOTION for Extension of Time to advise the Court of the time that will be required to process Plaintiff's FOIA request by HARLEY G. LAPPIN. (Attachments: # 1 Exhibit Declaration of Wilson J. Moorer# 2 Text of Proposed Order)(Johnson, Wyneva) (Entered: 11/02/2006)

1 Exhibit Declaration of Wilson J. Moorer

View on RECAP

2 Text of Proposed Order

View on RECAP

Nov. 2, 2006

Nov. 2, 2006

RECAP

MINUTE ORDER denying as moot 29 Motion for Extension of Time. Signed by Judge Reggie B. Walton on 11/09/06. (lcrbw2)

Nov. 9, 2006

Nov. 9, 2006

PACER

MINUTE ORDER granting 30 Motion for Extension of Time. The defendant shall advise the Court of the time that will be required to process the plaintiff's FOIA request by December 1, 2006. Signed by Judge Reggie B. Walton on 11/9/06. (lcrbw2)

Nov. 9, 2006

Nov. 9, 2006

PACER
31

MOTION for Extension of Time to advise the Court of the time that will be required to process plaintiff's FOIA request by HARLEY G. LAPPIN. (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 12/01/2006)

1 Text of Proposed Order

View on RECAP

Dec. 1, 2006

Dec. 1, 2006

RECAP

MINUTE ORDER granting 31 Motion for Extension of Time. The defendant shall advise the Court of the time that will be required to process the plaintiff's FOIA request by January 12, 2007. Signed by Judge Reggie B. Walton on 12/7/06. (lcrbw2)

Dec. 7, 2006

Dec. 7, 2006

PACER
32

MOTION for Extension of Time to to advise the Court of the time that will be required to process plaintiff's FOIA request by HARLEY G. LAPPIN. (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 01/12/2007)

1 Text of Proposed Order

View on RECAP

Jan. 12, 2007

Jan. 12, 2007

RECAP
33

NOTICE of Appearance by James R. Klimaski on behalf of PRISON LEGAL NEWS (Klimaski, James) (Entered: 01/16/2007)

Jan. 16, 2007

Jan. 16, 2007

RECAP

MINUTE ORDER granting 32 Motion for Extension of Time. The defendant shall advise the Court of the time that will be required to process the plaintiff's FOIA request by February 12, 2007. Signed by Judge Reggie B. Walton on 1/17/07. (lcrbw2)

Jan. 17, 2007

Jan. 17, 2007

PACER
34

Unopposed MOTION for Extension of Time to process plaintiff's FOIA request by HARLEY G. LAPPIN. (Attachments: # 1 Affidavit Declaration of Wilson J. Moorer# 2 Text of Proposed Order)(Johnson, Wyneva) (Entered: 02/09/2007)

1 Affidavit Declaration of Wilson J. Moorer

View on RECAP

2 Text of Proposed Order

View on RECAP

Feb. 9, 2007

Feb. 9, 2007

RECAP

MINUTE ORDER granting 34 Motion for Extension of Time. The defendant shall process the plaintiff's FOIA request by March 20, 2007. Signed by Judge Reggie B. Walton on 2/15/07. (lcrbw2)

Feb. 15, 2007

Feb. 15, 2007

PACER

Set/Reset Deadlines: Plaintiff's FOIA request due by 3/20/2007 (mpt, )

Feb. 15, 2007

Feb. 15, 2007

PACER
35

MOTION for Extension of Time to Respond to Court Order by HARLEY G. LAPPIN (Attachments: # 1 Affidavit Declaration of Wilson J. Moorer# 2 Text of Proposed Order)(Johnson, Wyneva) (Entered: 03/30/2007)

1 Affidavit Declaration of Wilson J. Moorer

View on RECAP

2 Text of Proposed Order

View on RECAP

March 30, 2007

March 30, 2007

RECAP

MINUTE ORDER granting 35 Motion for Extension of Time. The defendant shall process the plaintiff's FOIA request by April 30, 2007. Signed by Judge Reggie B. Walton on 4/9/07. (lcrbw2)

April 9, 2007

April 9, 2007

PACER
36

Unopposed MOTION for Extension of Time to by HARLEY G. LAPPIN (Attachments: # 1 Text of Proposed Order # 2 Exhibit Letter)(Johnson, Wyneva) (Entered: 05/08/2007)

1 Text of Proposed Order

View on RECAP

2 Exhibit Letter

View on RECAP

May 8, 2007

May 8, 2007

RECAP

MINUTE ORDER granting 36 Motion for Extension of Time. The defendant shall process the plaintiff's FOIA request by June 8, 2007. Signed by Judge Reggie B. Walton on 5/8/07. (lcrbw2)

May 8, 2007

May 8, 2007

PACER

Set/Reset Deadlines: Defendant shall process the plaintiff's FOIA request by 6/8/2007 (mpt, )

May 9, 2007

May 9, 2007

PACER
37

Unopposed MOTION for Extension of Time to by HARLEY G. LAPPIN (Attachments: # 1 Exhibit Letter# 2 Affidavit Declaration of Wilson Moore# 3 Text of Proposed Order)(Johnson, Wyneva) (Entered: 06/12/2007)

1 Exhibit Letter

View on RECAP

2 Affidavit Declaration of Wilson Moore

View on RECAP

3 Text of Proposed Order

View on RECAP

June 12, 2007

June 12, 2007

RECAP

MINUTE ORDER granting 37 Motion for Extension of Time. The defendant shall respond to the plaintiff's FOIA request by July 27, 2007. Signed by Judge Reggie B. Walton on 6/13/07. (lcrbw2)

June 13, 2007

June 13, 2007

PACER

Set/Reset Deadlines: Respond to plaintiff's FOIA request due by 7/27/2007 (mpt, )

June 14, 2007

June 14, 2007

PACER
38

MOTION for Extension of Time to File Response/Reply by HARLEY G. LAPPIN (Attachments: # 1 Declaration # 2 Exhibit A# 3 Exhibit B# 4 Text of Proposed Order)(Johnson, Wyneva) (Entered: 08/30/2007)

1 Declaration

View on RECAP

2 Exhibit A

View on RECAP

3 Exhibit B

View on RECAP

4 Text of Proposed Order

View on RECAP

Aug. 30, 2007

Aug. 30, 2007

RECAP
39

ERRATA by HARLEY G. LAPPIN 38 MOTION for Extension of Time to File Response/Reply filed by HARLEY G. LAPPIN. (Attachments: # 1 Errata Motion for Enlargement of Time)(Johnson, Wyneva) (Entered: 08/30/2007)

1 Errata Motion for Enlargement of Time

View on RECAP

Aug. 30, 2007

Aug. 30, 2007

RECAP
40

NOTICE of Change of Address by James R. Klimaski (Klimaski, James) (Entered: 09/12/2007)

Sept. 12, 2007

Sept. 12, 2007

RECAP
41

Memorandum in opposition to re 38 MOTION for Extension of Time to File Response/Reply further delaying overdue FOIA releases ordered by the Court in June of 2006 filed by PRISON LEGAL NEWS. (Attachments: # 1 Klimaski Letter to AUSA W. Johnson# 2 Example of improper FOIA redactions# 3 Another example# 4 And another of many...)(Klimaski, James) (Entered: 09/12/2007)

1 Klimaski Letter to AUSA W. Johnson

View on RECAP

2 Example of improper FOIA redactions

View on RECAP

3 Another example

View on RECAP

4 And another of many ...

View on RECAP

Sept. 12, 2007

Sept. 12, 2007

RECAP
42

REPLY to opposition to motion re 38 MOTION for Extension of Time to File Response/Reply filed by HARLEY G. LAPPIN. (Attachments: # 1 Exhibit A -- Declaration of Wilson J. Moorer# 2 Exhibit B)(Johnson, Wyneva) (Entered: 09/24/2007)

1 Exhibit A -- Declaration of Wilson J. Moorer

View on RECAP

2 Exhibit B

View on RECAP

Sept. 24, 2007

Sept. 24, 2007

RECAP
43

NOTICE of Filing of Signed Declaration of Wilson J. Moorer and Substitution of Exhibit A by HARLEY G. LAPPIN re 42 Reply to opposition to Motion (Attachments: # 1 Affidavit Declaration of Wilson J. Moorer with Exhibit A)(Johnson, Wyneva) (Entered: 09/25/2007)

1 Affidavit Declaration of Wilson J. Moorer with Exhibit A

View on RECAP

Sept. 25, 2007

Sept. 25, 2007

RECAP

MINUTE ORDER granting 38 Motion for Extension of Time to File Response/Reply. The defendant shall respond to the plaintiff's FOIA request by November 2, 2007. The parties shall file a briefing schedule by November 9, 2007. Signed by Judge Reggie B. Walton on 10/1/07. (lcrbw2)

Oct. 1, 2007

Oct. 1, 2007

PACER

Set/Reset Deadlines: Briefing schedule due by 11/9/2007.,Responses to plaintiff's FOIA request due by 11/2/2007 (mpt, )

Oct. 1, 2007

Oct. 1, 2007

PACER
44

NOTICE of Appearance by Edward J. Elder on behalf of PRISON LEGAL NEWS (Elder, Edward) (Entered: 10/03/2007)

Oct. 3, 2007

Oct. 3, 2007

RECAP
45

STATUS REPORT Submitting Joint Briefing Schedule by PRISON LEGAL NEWS. (Elder, Edward) (Entered: 11/09/2007)

Nov. 9, 2007

Nov. 9, 2007

RECAP
46

Consent MOTION for Extension of Time to File Briefs by PRISON LEGAL NEWS (Attachments: # 1 Text of Proposed Order)(Elder, Edward) (Entered: 01/18/2008)

1 Text of Proposed Order

View on RECAP

Jan. 18, 2008

Jan. 18, 2008

RECAP

MINUTE ORDER granting 46 Motion for Extension of Time to File. The plaintiff shall file its dispositive motion by February 8, 2008, the defendant shall file an opposition and cross motion by March 21, 2008, the plaintiff shall file its reply and opposition by April 11, 2008, and the defendant shall file its reply by May 2, 2008. Signed by Judge Reggie B. Walton on 1/31/08. (lcrbw2)

Jan. 31, 2008

Jan. 31, 2008

PACER

Set/Reset Deadlines: Dispositive Motions due by 2/8/2008. Opposition and Cross Motion due by 3/21/2008; reply and opposition due by 4/11/08; any replies due by 5/2/2008. (mpt, )

Jan. 31, 2008

Jan. 31, 2008

PACER
47

Consent MOTION to Amend/Correct Briefing Schedule by PRISON LEGAL NEWS (Attachments: # 1 Text of Proposed Order)(Elder, Edward) (Entered: 02/08/2008)

1 Text of Proposed Order

View on RECAP

Feb. 8, 2008

Feb. 8, 2008

RECAP

MINUTE ORDER granting 47 Motion to Amend/Correct. The plaintiff shall file its dispositive motion by February 29, 2008, the defendant shall file an opposition and cross motion by April 11, 2008, the plaintiff shall file its reply and opposition by May 2, 2008, and the defendant shall file its reply by May 23, 2008. Signed by Judge Reggie B. Walton on 2/12/08. (lcrbw2)

Feb. 12, 2008

Feb. 12, 2008

PACER

Set/Reset Deadlines: Dispositive Motions due by 2/29/2008. Opposition to Dispositive Motions and Cross Motion due by 4/11/2008. Plaintiff's Reply and Opposition due by 5/2/2008, and defendant's reply by 5/23/08. (mpt, )

Feb. 12, 2008

Feb. 12, 2008

PACER
48

Consent MOTION to Amend/Correct Briefing Schedule by PRISON LEGAL NEWS (Attachments: # 1 Text of Proposed Order)(Elder, Edward) (Entered: 02/29/2008)

1 Text of Proposed Order

View on RECAP

Feb. 29, 2008

Feb. 29, 2008

RECAP

MINUTE ORDER granting 48 Motion to Amend/Correct. The plaintiff shall file its dispositive motion by March 28, 2008, the defendant shall file an opposition and cross motion by May 9, 2008, the plaintiff shall file its reply and opposition by May 30, 2008, and the defendant shall file its reply by June 20, 2008. Signed by Judge Reggie B. Walton on 3/12/08. (lcrbw2)

March 12, 2008

March 12, 2008

PACER

Set/Reset Deadlines: Dispositive Motions due by 3/28/2008; Opposition and cross motion due by 5/9/2008; Reply and opposition by 5/30/2008; reply due by 6/20/08; (mpt, )

March 12, 2008

March 12, 2008

PACER
49

MOTION for Judgment by PRISON LEGAL NEWS (Attachments: # 1 Memoranda, # 2 Text of Proposed Order, # 3 Exhibit 1-1, # 4 Exhibit 1-2, # 5 Exhibit 1-3, # 6 Exhibit 1-4, # 7 Exhibit 2-1, # 8 Exhibit 2-2, # 9 Exhibit 2-3, # 10 Exhibit 2-4, # 11 Exhibit 3-1, # 12 Exhibit 3-2, # 13 Exhibit 3-3, # 14 Exhibit 3-4, # 15 Exhibit 3-5, # 16 Exhibit 4-1, # 17 Exhibit 4-2, # 18 Exhibit 4-3, # 19 Exhibit 4-4, # 20 Exhibit 5-1, # 21 Exhibit 5-2, # 22 Exhibit 5-3, # 23 Exhibit 5-4, # 24 Exhibit 5-5, # 25 Exhibit 6-1, # 26 Exhibit 6-2, # 27 Exhibit 6-3)(Elder, Edward) (Entered: 03/29/2008)

1 Memoranda

View on RECAP

2 Text of Proposed Order

View on RECAP

3 Exhibit 1-1

View on RECAP

4 Exhibit 1-2

View on RECAP

5 Exhibit 1-3

View on RECAP

6 Exhibit 1-4

View on RECAP

7 Exhibit 2-1

View on RECAP

8 Exhibit 2-2

View on RECAP

9 Exhibit 2-3

View on RECAP

10 Exhibit 2-4

View on RECAP

11 Exhibit 3-1

View on RECAP

12 Exhibit 3-2

View on RECAP

13 Exhibit 3-3

View on RECAP

14 Exhibit 3-4

View on RECAP

15 Exhibit 3-5

View on RECAP

16 Exhibit 4-1

View on RECAP

17 Exhibit 4-2

View on RECAP

18 Exhibit 4-3

View on RECAP

19 Exhibit 4-4

View on RECAP

20 Exhibit 5-1

View on RECAP

21 Exhibit 5-2

View on RECAP

22 Exhibit 5-3

View on RECAP

23 Exhibit 5-4

View on RECAP

24 Exhibit 5-5

View on RECAP

25 Exhibit 6-1

View on RECAP

26 Exhibit 6-2

View on RECAP

27 Exhibit 6-3

View on RECAP

March 28, 2008

March 28, 2008

RECAP
50

Consent MOTION to Amend/Correct Order on Motion to Amend/Correct, Set/Reset Deadlines by HARLEY G. LAPPIN (Attachments: # 1 Text of Proposed Order Order)(Johnson, Wyneva) (Entered: 05/06/2008)

1 Text of Proposed Order Order

View on RECAP

May 6, 2008

May 6, 2008

RECAP
51

MOTION to Amend/Correct Briefing Schedule by HARLEY G. LAPPIN (Attachments: # 1 Text of Proposed Order Order)(Johnson, Wyneva) (Entered: 06/05/2008)

1 Text of Proposed Order Order

View on RECAP

June 5, 2008

June 5, 2008

RECAP
52

Consent MOTION for Extension of Time to Amend Briefing Schedule by HARLEY G. LAPPIN (Attachments: # 1 Text of Proposed Order Order)(Johnson, Wyneva) (Entered: 06/26/2008)

1 Text of Proposed Order Order

View on RECAP

June 26, 2008

June 26, 2008

RECAP
53

Cross MOTION for Summary Judgment by HARLEY G. LAPPIN (Attachments: # 1 Affidavit Wilson Moorer Declaration, # 2 Text of Proposed Order Order)(Johnson, Wyneva) (Entered: 07/14/2008)

1 Affidavit Wilson Moorer Declaration

View on RECAP

2 Text of Proposed Order Order

View on RECAP

July 14, 2008

July 14, 2008

RECAP
54

Memorandum in opposition to re 49 MOTION for Judgment filed by HARLEY G. LAPPIN. (Attachments: # 1 Affidavit Wilson Moorer Declaration, # 2 Text of Proposed Order Order)(Johnson, Wyneva) (Entered: 07/14/2008)

1 Affidavit Wilson Moorer Declaration

View on RECAP

2 Text of Proposed Order Order

View on RECAP

July 14, 2008

July 14, 2008

RECAP

ORDER denying as moot 50 Motion to Amend/Correct; denying as moot 51 Motion to Amend/Correct; granting 52 Motion for Extension of Time to Amend. the defendant has filed its opposition and cross motion for summary judgment on July 14, 2008. The plaintiff shall file its reply and opposition by August 4, 2008. The defendant shall file its reply brief by August 25, 2008. Signed by Judge Reggie B. Walton on 7/24/08. (lcrbw2)

July 24, 2008

July 24, 2008

PACER

Set/Reset Deadlines: Reply and Opposition due by 8/4/2008; Reply Brief due by 8/25/2008. (mpt, )

July 25, 2008

July 25, 2008

PACER
55

Consent MOTION to Amend/Correct Briefing Schedule by PRISON LEGAL NEWS (Attachments: # 1 Text of Proposed Order to Amend Briefing Schedule)(Elder, Edward) (Entered: 08/03/2008)

1 Text of Proposed Order to Amend Briefing Schedule

View on RECAP

Aug. 3, 2008

Aug. 3, 2008

RECAP
56

Consent MOTION to Amend/Correct Briefing Schedule by PRISON LEGAL NEWS (Attachments: # 1 Text of Proposed Order)(Elder, Edward) (Entered: 08/25/2008)

1 Text of Proposed Order

View on RECAP

Aug. 25, 2008

Aug. 25, 2008

RECAP

MINUTE ORDER denying as moot 55 Motion to Amend/Correct the Briefing Schedule; granting 56 Motion to Amend/Correct the Briefing Schedule. The plaintiff shall file a reply to the defendant's opposition to the plaintiff's motion for summary judgment and an opposition to the defendant's cross motion for summary judgment by September 8, 2008. The defendant shall file a reply to the plaintiff's opposition to the defendant's cross motion for summary judgment by September 29, 2008. Signed by Judge Reggie B. Walton on 9/2/08. (lcrbw2)

Sept. 2, 2008

Sept. 2, 2008

PACER

Set/Reset Deadlines/Hearings: The plaintiff shall file a reply to the defendant's opposition to the plaintiff's motion for summary judgment and an opposition to the defendant's cross motion for summary judgment by September 8, 2008. The defendant shall file a reply to the plaintiff's opposition to the defendant's cross motion for summary judgment by September 29, 2008. (jwd)

Sept. 2, 2008

Sept. 2, 2008

PACER
57

Memorandum in opposition to re 53 Cross MOTION for Summary Judgment filed by PRISON LEGAL NEWS. (Attachments: # 1 Statement of Facts in opposition to Defendentant's Statement of Facts, # 2 Text of Proposed Order, # 3 Exhibit One, # 4 Exhibit Two, # 5 Exhibit Three, # 6 Exhibit Four, # 7 Exhibit Five, # 8 Exhibit Six)(Elder, Edward) (Entered: 09/08/2008)

1 Statement of Facts in opposition to Defendentant's Statement of Facts

View on RECAP

2 Text of Proposed Order

View on RECAP

3 Exhibit One

View on RECAP

4 Exhibit Two

View on RECAP

5 Exhibit Three

View on RECAP

6 Exhibit Four

View on RECAP

7 Exhibit Five

View on RECAP

8 Exhibit Six

View on RECAP

Sept. 8, 2008

Sept. 8, 2008

RECAP
58

Consent MOTION for Extension of Time to File Response/Reply as to 53 Cross MOTION for Summary Judgment by HARLEY G. LAPPIN (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 09/25/2008)

Sept. 25, 2008

Sept. 25, 2008

PACER

MINUTE ORDER granting 58 Motion for Extension of Time to File Response/Reply. The defendant shall file his reply to the plaintiff's opposition to the defendant's cross motion for summary judgment by October 31, 2008. Signed by Judge Reggie B. Walton on 09/29/08. (lcrbw2)

Sept. 29, 2008

Sept. 29, 2008

PACER

Set/Reset Deadlines: Reply to plaintiff's opposition to cross motion for summary judgment due by 10/31/2008. (mpt, )

Sept. 29, 2008

Sept. 29, 2008

PACER
59

MOTION for Extension of Time to File Response/Reply Plaintiff's Opposition by HARLEY G. LAPPIN (Attachments: # 1 Text of Proposed Order Order)(Johnson, Wyneva) (Entered: 10/29/2008)

Oct. 29, 2008

Oct. 29, 2008

PACER

MINUTE ORDER granting 59 Motion for Extension of Time to File Response/Reply. The defendant shall file his reply to the plaintiff's opposition to the defendant's cross motion for summary judgment by November 14, 2008. Signed by Judge Reggie B. Walton on 10/30/08. (lcrbw2)

Oct. 30, 2008

Oct. 30, 2008

PACER

Set/Reset Deadlines: Reply to plaintiff's opposition to the defendant's cross motion for summary judgment due by 11/14/2008. (mpt, )

Oct. 30, 2008

Oct. 30, 2008

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Prison Conditions

Special Collection(s):

Prison Legal News

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 13, 2005

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A non-profit legal journal devoted to reporting news and litigation concerning detention facilities.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal Bureau of Prisons (Washington), Federal

Defendant Type(s):

Corrections

Case Details

Causes of Action:

Freedom of Information Act (FOIA), 5 U.S.C. § 552

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 468,709.72

Content of Injunction:

Required disclosure

Issues

General:

Records Disclosure

Type of Facility:

Government-run