Free Letter re Appeal - District Court of Colorado - Colorado

CM/ECF - U.S. District Court:cod - Docket Report Case 1:04-cv-01264-LTB-PAC Document 56-3

Filed 07/31/2006

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APPEAL, NDISPO, TERMED

U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:04-cv-01264-LTB-PAC

Hull v. U.S. Dept Labor Assigned to: Chief Judge Lewis T. Babcock Referred to: Magistrate Judge Patricia A. Coan Demand: $0 Cause: 05:552 Freedom of Information Act Plaintiff Mary M. Hull

Date Filed: 06/18/2004 Jury Demand: None Nature of Suit: 895 Freedom of Information Act Jurisdiction: U.S. Government Defendant

represented by Curtis L. Kennedy Curtis L. Kennedy Law Office 8405 East Princeton Avenue Denver, CO 80237-1741 U.S.A 303-770-0440 Fax: 303-834-0360 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant United States Department of Labor represented by Michael Conrad Johnson U.S. Attorney's Office-Denver 1225 Seventeenth Street #700 Denver, CO 80202 U.S.A 303-454-0134 Fax: 303-454-0408 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 06/18/2004 06/18/2004 07/15/2004

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Docket Text 1 COMPLAINT (Summons(es) issued) (pap) (Entered: 06/21/2004) FILING FEE PAID: on 6/18/04 in the amount of $ 150.00, receipt # 252581. (pap) (Entered: 06/21/2004) 2 ANSWER by defendant U.S. Dept Labor to complaint [1-1] (erv)

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(Entered: 07/16/2004) 07/19/2004 3 ORDER R16,stat,stlmt,pt,pto Case referred to Magistrate Judge O. E. Schlatter by Chief Judge Lewis T. Babcock (cc: to counsel) (erv) (Entered: 07/20/2004) 4 ORDER FOR RULE 16 CONFERENCE by Magistrate Judge O. E. Schlatter ; Rule 16 conference set for 9:15 10/18/04 (cc: all counsel) (erv) (Entered: 07/21/2004) 5 MINUTE ORDER : by Magistrate Judge O. E. Schlatter ; rule 16 conference set for 9:45 11/8/04 (cc: all counsel) ; entry date : 9/29/04 (erv) (Entered: 09/29/2004) 6 Minute Entry for proceedings held before Magistrate Judge O. Edward Schlatter : Scheduling Conference continued on 11/8/2004, Reset Hearings:. Scheduling Conference set for 12/9/2004 09:45 AM in Courtroom A 601 before Magistrate Judge O. Edward Schlatter. (Court Reporter FTR.) (erv, ) (Entered: 11/10/2004) 7 Unopposed MOTION to (Stay) Suspend the entry of Scheduling Order by Plaintiff Mary M. Hull. (erv, ) (Entered: 11/10/2004) 8 MINUTE ORDER, Reset Hearings: Scheduling Conference set for 12/9/2004 09:45 AM in Courtroom A 601 before Magistrate Judge O. Edward Schlatter.by Magistrate Judge O. Edward Schlatter on 11/8/04. (erv, ) (Entered: 11/10/2004) 9 Minute Entry for Status Conf proceedings held before Magistrate Judge O. Edward Schlatter : Status Conference VACATED on 12/9/2004, Reset Hearings: Status Conference set for 1/27/2005 10:15 AM in Courtroom A 601 before Magistrate Judge O. Edward Schlatter. (Court Reporter FTR.) (erv2, ) (Entered: 12/13/2004) Status Conference set for 1/27/2005 10:15 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. by Magistrate Judge O. Edward Schlatter on 12/9/04. (erv2, ) (Entered: 12/13/2004) 10 MINUTE ORDER on oral motion the Status Conference is reset for 2/8/2005 09:00 AM in Courtroom A 601 before Magistrate Judge O. Edward Schlatter. by Magistrate Judge O. Edward Schlatter on 1/25/05. (lam, ) (Entered: 01/31/2005) 11 Minute Entry for proceedings held before Judge O. Edward Schlatter : Scheduling Conference held on 2/8/2005; Dispositive Motions due by 4/1/2005. Telephonic Settlement Conference set for 3/1/2005 01:30 PM in Courtroom A 601 before Magistrate Judge O. Edward Schlatter. (Tape No. 05-1.) (pap, ) (Entered: 02/11/2005) 12 MINUTE ORDER; Telephone Status Conference set for 3/1/2005 01:30 PM in Courtroom A 601 before Magistrate Judge O. Edward Schlatter.Entered by Magistrate Judge O. Edward Schlatter on 2/8/05. (pap, ) (Entered: 02/11/2005)

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13 MOTION for Summary Judgment by Defendant United States Department of Labor. (gms, ) (Entered: 04/04/2005) 14 BRIEF in Opposition re [13] MOTION for Summary Judgmentand Petition for In Camera Inspection, filed by Plaintiff Mary M. Hull. (erv, ) (Entered: 04/21/2005) 15 AFFIDAVIT of Mary Hull re [14] Brief in Opposition to Motion for Sum Jgm by Plaintiff Mary M. Hull. (erv, ) (Entered: 04/21/2005) 16 Unopposed MOTION for Extension of Time to File Reply as to [13] MOTION for Summary Judgment by Defendant United States Department of Labor. (erv, ) (Entered: 05/05/2005) 17 Minute ORDER granting [16] Dfts Unopposed Motion for Extension of Time to File Reply as to [13] MOTION for Summary Judgment, Replies due by 5/18/2005. by Chief Judge Lewis T. Babcock on 5/5/05. (erv, ) (Entered: 05/09/2005) 18 RESPONSE to [14] Petition for In Camera Inspection by Defendant United States Department of Labor. (#14 is also a Brief in Opposition to to Motion for Sum Jgm by Pla) (erv, ) (Entered: 05/20/2005) 19 REPLY to Response to \[13] MOTION for Summary Judgment filed by Defendant United States Department of Labor. (erv, ) (Entered: 05/20/2005) 20 Unopposed MOTION for Leave to Process Exemption 7(A) Documents and File a Further Vaughn Index and Sum Jgm Motion, by Defendant United States Department of Labor. (erv, ) (Entered: 05/20/2005) 21 Second MOTION For Extension of Time to File Further Vaughn Index and Summary Judgment Motion by Defendant United States Department of Labor. (Attachments: # 1 Proposed Order (PDF Only))(Johnson, Michael) (Entered: 06/29/2005) 22 Minute ORDER denying Dft's Unopposed [20] Motion for Leave to Process Exemption 7(A) Documents and File Further Vaughn Index and Sum Jgm Motion and granting Dft's 21 Motion for Further Extension of Time to File Additional Vaughn Index and Sum Jgm Motion Re: Former Exemption 7(A) Documents to 7/11/05, by Judge Lewis T. Babcock on 7/1/05. (gmssl, ) (Entered: 07/01/2005) 23 MOTION for Summary Judgment Re: Former Exemption 7(A) Documents by Defendant United States Department of Labor. (Attachments: # 1 Exhibit Supplemental Miller Declaration# 2 Exhibit A11; June 27, 2005 letter# 3 Exhibit A-12; Vaughn index# 4 Exhibit A-13; four pages released)(Johnson, Michael) (Entered: 07/11/2005) 24 BRIEF in Opposition re 23 MOTION for Summary Judgment Re: Former Exemption 7(A) Documents filed by Plaintiff Mary M. Hull. (Kennedy, Curtis) (Entered: 07/29/2005) 25 MOTION For Extension of Time to File Reply in Support of Motion for

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Summary Judgment by Defendant United States Department of Labor. (Attachments: # 1 Proposed Order (PDF Only))(Johnson, Michael) (Entered: 08/15/2005) 08/16/2005 26 ORDER Granting Defendant's 25 Motion for a four-day Extension of Time to 8/19/05. Signed by Judge Lewis T. Babcock on 8/16/05. (emksl, ) (Entered: 08/16/2005) 27 REPLY to Response to Motion re 23 MOTION for Summary Judgment Re: Former Exemption 7(A) Documents and Response to Petition for In Camera Review filed by Defendant United States Department of Labor. (Attachments: # 1 Exhibit A-12)(Johnson, Michael) (Entered: 08/18/2005) 28 ORDER: DOL's Motion for Summary Judgment as to the Service Contracts [Doc 23] isDENIED, as to the remaining documents withheld under Exemption 4 [Doc 23] is GRANTED, as to the documents withheld under Exemption 5 [Doc 23] is DENIED. Hull's Motion for in camera review as to the documents the DOL withheld underExemption 5 [Doc 24] is GRANTED, as to the documents the DOL withheld underExemption 4 [Doc 24] is DENIED, and Hull's Motion for attorney fees and costs [Doc 24] is DENIED WITHOUT PREJUDICE. Signed by Judge Lewis T. Babcock on 12/2/05. (emksl, ) (Entered: 12/02/2005) 29 MOTION for Summary Judgment by Plaintiff Mary M. Hull. (Attachments: # 1 Exhibit DOL Advisory Opinion)(Kennedy, Curtis) (Entered: 12/21/2005) 30 RESPONSE to Motion re 29 MOTION for Summary Judgment filed by Defendant United States Department of Labor. (Attachments: # 1 Exhibit A-1# 2 Exhibit A-2# 3 Exhibit A-3)(Johnson, Michael) (Entered: 01/10/2006) 31 MOTION for Summary Judgment Re Certain Electronic Documents and Service Contracts by Defendant United States Department of Labor. (Attachments: # 1 Exhibit A-1 (Dec. 27, 2005 letter)# 2 Exhibit A-2 (Dec. 27, 2005 letter)# 3 Exhibit Miller 2d Supp. Declaration# 4 Exhibit Plick Declaration)(Johnson, Michael) Modified on 5/3/2006 (rlp, ). MOTION WITHDRAWN per 05/03/06 Minute Order ruling on 46. (Entered: 01/11/2006) 32 ORDER regarding the in camera review of documents developed by the U.S. Department of Labor. Signed by Judge Lewis T. Babcock on 1/13/06. (emksl, ) (Entered: 01/13/2006) 33 BRIEF in Opposition re 31 MOTION for Summary Judgment Re Certain Electronic Documents and Service Contracts filed by Plaintiff Mary M. Hull. (Attachments: # 1 Exhibit Exhibit 1 - DOL and Qwest Tolling Agreement)(Kennedy, Curtis) (Entered: 02/03/2006) 34 REASSIGNING MAGISTRATE JUDGE. Due to the retirement of Magistrate Judge O. Edward Schlatter and the potential conflict with the employment association of the attorney appointed to replace Magistrate

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Judge Schlatter, it is necessary to reassign this case to Magistrate Judge Patricia A. Coan effective February 15, 2006. (Text only entry - no document attached) (gms, ) (Entered: 02/10/2006) 02/14/2006 35 MINUTE ORDER: Status Conference set for 3/24/2006 01:00 PM before Magistrate Judge Patricia A. Coan. Settlement Conference set for 3/24/2006 01:30 PM before Magistrate Judge Patricia A. Coan, by Magistrate Judge Patricia A. Coan on 2/14/06. (gms, ) (Entered: 02/14/2006) 36 ORDER denying as moot Defendant's [13] Motion for Summary Judgment . Signed by Judge Lewis T. Babcock on 02/15/06. (rlp, ) (Entered: 02/16/2006) 37 REPLY to Response to Motion re 31 MOTION for Summary Judgment Re Certain Electronic Documents and Service Contracts and Opposition to Petition for In Camera Review filed by Defendant United States Department of Labor. (Johnson, Michael) (Entered: 02/22/2006) 38 Minute Entry for proceedings held before Judge Patricia A. Coan : Settlement Conference held on 3/24/2006, no settlement reached, no record made (rlp, ) (Entered: 03/27/2006) 39 Minute Entry for proceedings held before Judge Patricia A. Coan : Status Conference held on 3/27/2006, Counsel will file motions to withdraw motions for summary judgments, as all issues are now moot. (Court Reporter FTR - Geneva D. Mattei.) (rlp, ) (Entered: 03/27/2006) 40 MINUTE ORDER: the deadline to file motions to withdraw pending dispositive motions and plaintiff's deadline to file a motion for attorney fees is 04/10/06, by Magistrate Judge Patricia A. Coan on 03/27/06. (rlp, ) (Entered: 03/28/2006) 41 MOTION for Attorney Fees by Plaintiff Mary M. Hull. (Attachments: # 1 Exhibit Declaration of Curtis L. Kennedy)(Kennedy, Curtis) (Entered: 03/31/2006) 42 MOTION to Withdraw Document Docket 29 (rendered moot) by Plaintiff Mary M. Hull. (Kennedy, Curtis) (Entered: 04/04/2006) 43 MINUTE ORDER re: 41 MOTION for Judicial Decree and Award of Attorney's Fees filed by Mary M. Hull, Defendant has up to and including 04/25/06 to file a response, Plaintiffs Reply due 05/05/06, by Judge Lewis T. Babcock on 04/05/06. (rlp, ) (Entered: 04/05/2006) 44 MINUTE ORDER granting Plaintiff's 42 Motion to Withdraw Pending Summary Judgment Motion, document withdrawn, by Judge Lewis T. Babcock on 04/05/06. (rlp, ) (Entered: 04/05/2006) 45 Unopposed MOTION to Withdraw Document re 31 MOTION for Summary Judgment Re Certain Electronic Documents and Service Contracts by Defendant United States Department of Labor. (Attachments: # 1 Proposed Order (PDF Only))(Johnson, Michael) (Entered: 04/24/2006)

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46 MOTION for Leave to File Motion to Withdraw Pending Summary Judgment Motion (Docket 31) by Defendant United States Department of Labor. (Attachments: # 1 Proposed Order (PDF Only))(Johnson, Michael) (Entered: 04/24/2006) 47 Unopposed MOTION for Extension of Time to File Response/Reply as to 41 MOTION for Attorney Fees by Defendant United States Department of Labor. (Attachments: # 1 Proposed Order (PDF Only)) (Johnson, Michael) (Entered: 04/25/2006) 48 MINUTE ORDER granting 47 Unopposed MOTION for Extension of Time to File Response as to 41 MOTION for Attorney Fees, Response due by 5/2/2006. Signed by Judge Lewis T. Babcock on 04/28/06. (rlp, ) (Entered: 04/28/2006) 49 BRIEF in Opposition re 41 MOTION for Attorney Fees filed by Defendant United States Department of Labor. (Attachments: # 1 Exhibit A (Oct. 19, 2004 letter)# 2 Exhibit B (Oct. 25, 2004 letter)# 3 Exhibit C (Dec. 2, 2004 letter)# 4 Exhibit D (Dec. 2, 2004 letter from Plaintiff)# 5 Exhibit E (Bates nos. 750-758))(Johnson, Michael) (Entered: 05/02/2006) 50 MINUTE ORDER: Defendant's have filed: 49 Brief in Opposition to Motion, Plaintiff has until 05/13/06 to file reply, by Judge Lewis T. Babcock on 05/03/06. (rlp, ) (Entered: 05/03/2006) 51 Minute ORDER granting 45 Defendant's Motion to Withdraw Pending Summary Judgment Motion, Motion for Summary Judgment is withdrawn. Granting 46 Defendant's Motion for Leave to File Motion to Withdraw Pending Summary Judgment Motion, by Judge Lewis T. Babcock on 05/03/06. (rlp, ) (Entered: 05/03/2006) 52 REPLY to Response to Motion re 41 MOTION for Attorney Fees filed by Plaintiff Mary M. Hull. (Attachments: # 1 Exhibit Exhibit 2Documents produced by DOL in February 2006# 2 Exhibit Exhibit 3 Curtis L. Kennedy CV)(Kennedy, Curtis) (Entered: 05/08/2006) 53 ORDER granting in part and denying in part 41 Hull's motion for attorney fees and judicial decree, Hull is awarded attorney fees of $28,950 and costs of $570.00; and Hull's motion for a judicial decree under 5 U.S.C. 552(a)(4)(F) is DENIED; and Hull's motion for sanctions under 28 U.S.C. 1927 is DENIED. The clerk shall enter a Judgment in accordance with this Order and the Order of December 2, 2005 [2], and the Order of January 13, 2006 32 and it is further Ordered that this case is closed. Signed by Judge Lewis T. Babcock on 05/30/06. (rlp, ) (Entered: 05/30/2006) 54 Judgment is entered in accordance with the Court's previous Orders of December 20, 2005 28 and January 13, 2006 32. Plaintiff Mary M. Hull is awarded attorney fees of $28,950.00 and costs of $570.00 for a total amount of $29,520.00. Post judgment interest shall accrue as provided by law. The Complaint and this civil action are closed. Signed by Judge None on 05/31/06. (rlp, ) (Entered: 05/31/2006)

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55 NOTICE OF APPEAL as to 53 Order on Motion for Attorney Fees,,, 54 Judgment, by Defendant United States Department of Labor (Johnson, Michael) (Entered: 07/28/2006)

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