Opinion
6:21-cv-1168-RBD-LHP
10-25-2022
NOELLE LLAMAS and KEN KLIPPENSTEIN, Plaintiffs, v. U.S. ARMY, FEDERAL BUREAU OF INVESTIGATION, OFFICE OF INTELLIGENCE AND ANALYSIS, NATIONAL GUARD, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE and U.S. SECRET SERVICE, Defendants
ORDER
LESLIE HOFFMAN PRICE, UNITED STATES MAGISTRATE JUDGE
This cause came on for consideration without oral argument on the following motion filed herein:
MOTION: CONSENT MOTION TO STAY BRIEFING
SCHEDULE (Doc. No. 32)
FILED: October 21, 2022
THEREON it is ORDERED that the motion is GRANTED.
Plaintiffs have filed a Complaint against Defendants under the Freedom of Information Act, 5 U.S.C. § 552 (“FOIA”), seeking the production of various records from Defendants. Doc. No. 1. On November 23, 2021, the Court entered a scheduling order which established, among other things, the following deadlines.
• Deadline for moving to join a party or amend pleadings: April 30, 2022
• Deadline for filing summary judgment motions: October 28, 2022
• Deadline for responses to summary judgment motions: November 28, 2022
• Deadline for reply briefs to summary judgment motions: December 12, 2022Doc. No. 28, at 2.
Through the above-styled motion, Defendants seek a stay of the briefing schedule on the basis that Defendants have not completed the processing of Plaintiffs' FOIA requests, nor have Defendants issued their final responses. Doc. No. 32, at ¶ 3. Thus, Defendants contend that any summary judgment motions would be premature until all processing and final responses have issued. Id. Defendants ask the Court for a stay and propose that the parties file a joint status report on March 31, 2023 updating the Court on Defendants' processing of Plaintiffs' FOIA requests, and, if appropriate, proposing a schedule for summary judgment briefing. Id., at ¶ 4. Plaintiffs consent to the motion. Id., at 3.
Upon review, the Consent Motion to Stay Briefing Schedule (Doc. No. 32) is GRANTED. The summary judgment briefing schedule set forth in the Court's November 23, 2021 Order (Doc. No. 28) is hereby STAYED. The parties shall file a joint status report on or before March 31, 2023 updating the Court on Defendants' processing of Plaintiffs' FOIA requests and, if appropriate, proposing a schedule for briefing motions for summary judgment. See, e.g., Llamas et al. v. U.S. Dep't of Justice, No. 6:20-cv-2221-Orl-CEM-LRH, Doc. No. 12 (M.D. Fla. Feb. 26, 2021) (order staying briefing schedule in FOIA case); Llamas et al. v. U.S. Immigr. & Customs Enft, No. 6:20-cv-2264-ACC-DCI, Doc. No. 21 (M.D. Fla. Oct. 20, 2021) (order staying FOIA case after agreement by parties on production schedule and method and requiring parties to file a status report). Upon the filing of the status report, the Court will take the matter under advisement for such further proceedings as are necessary and appropriate.
DONE and ORDERED.