Stalcup v. Department of Defense Agency
Thomas Stalcup |
Department of Defense Agency |
1:2013cv11967 |
August 15, 2013 |
US District Court for the District of Massachusetts |
Boston Office |
Barnstable |
Richard G. Stearns |
Freedom of Information Act |
05 U.S.C. ยง 552 Freedom of Information Act |
None |
Available Case Documents
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Filing 289 District Judge Leo T. Sorokin.ORDER ON REPORT AND RECOMMENDATION (DOC. NO. 274) entered. For the foregoing reasons, the Court APPROVES and ADOPTS Judge Cabell's Report and Recommendation, Doc. No. 274, ALLOWS in part and DENIES in part DOD 39;s motion for summary judgment, Doc. No. 260., and ALLOWS in part and DENIES in part Stalcup's motion for summary judgment. Doc. No. 255. Moreover, the motion for hearing, Doc. No. 270, is DENIED. The parties shall submit a joint status report within fourteen days stating joint or separate positions as to how the remaining issue of the OSD FOIA request should be resolved. re 255 Motion for Summary Judgment; 260 Motion for Summary Judgment; 270 Motion for Hearing; adopting Report and Recommendations re 274 Report and Recommendations. (Simeone, Maria) |
Filing 110 District Judge Leo T. Sorokin: MEMORANDUM AND ORDER entered. 95 Department of Defense ("DOD") Renewed Motion for Summary Judgment is DENIED WITHOUT PREJUDICE. 101 Stalcup's Motion for Discovery is DENIED WITHOUT PREJUDICE. DOD shall have thirty days to submit further affidavit(s) that provide further detail about the design of its searches of the MDA, the OSD, and the Joint Staff sufficient to demonstrate beyond material doubt that its search was reasonably calculated to uncover all relevant documents, Nation Magazine, 71 F.3d at 890, in the ways described in this Order. With these affidavit(s), DOD may file a renewed motion for summary judgment witha memorandum limited to ten pages. Stalcup may file an opposi tion, limited to ten pages, due fourteen days after DOD's filing. DOD may file a reply limited to four pages within seven days thereafter. If the Court denies the renewed motion for summary judgment, its order will direct the parties to submit their joint or separate proposals for discovery. (Montes, Mariliz) |
Filing 57 District Judge Leo T. Sorokin: MEMORANDUM AND ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT. As to the records request of the MDA, the DoD's Motion for Summary Judgment, Doc. No. 27, is ALLOWED and Stalcup's Motion for Summary Judgment, Doc . No. 32, is DENIED. The Motions otherwise remain under advisement. The DoD shall supplement the record as described above within 30 days of this Order. The plaintiff may respond 14 days thereafter. re 32 Motion for Summary Judgment (Simeone, Maria) |
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Plaintiff: Thomas Stalcup | |
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Defendant: Department of Defense Agency | |
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