TWA Flight 800
The Impossible Zoom Climb

H. Ray Lahr, filed 5 copies 2 DVDs Excerpts of Record, served on 9/11/07. 

DVD No. 1: 
November 1997 CIA Animation

DVD No. 2: – Lodging Video Clips
EXPERTS          
Captain H. Ray Lahr (Ret) Air crash investigator
Dr. Vernon Gross, Former NTSB member
Colonel Lawrence Pence U.S. Air Force, Ret.
Rear Admiral Clarence A. Hill, Jr., USN/Ret
           Former Commanding Officer USS Independence 
           and air crash investigator
Commander William S. Donaldson USN/Ret (deceased)
           Nationally recognized air crash investigator
August 2000 Hearing excerpt re physical evidence
Dr. Thomas Stalcup, Ph.D. Physicist
James K. Kallstrom, (audio)
           Assistant-Director-in-Charge New York Field Office
Captain Richard Russell, Ret., Air crash investigator
James Sanders, investigative reporter

EXPERT EYEWITNESSES
James Speer, Air Line Pilots Association representative,
           NTSB Flight 800 probe
NTSB Investigator Hank Hughes
August 2000 NTSB Hearing excerpt re Dwight Brumley
Master Chief Dwight Brumley, USN (Ret.)
Eastwind Captain David McClaine  (ATC audio)
August 2000 NTSB Hearing excerpt re Fred Meyer
Major Fred Meyer (Ret)   [51:00 minutes]

EYEWITNESSES
August 2000 NTSB Hearing excerpt
NTSB August 2000 Hearing excerpt re Paul Angelides
Paul Angelides
NTSB August 2000 Hearing excerpt re Mike Wire
Mike Wire
Lisa Perry
Family member Marge Krugar
NTSB August 2000 Hearing excerpt re witness 649

GOVERNMENT ANIMATIONS
Excerpts of CIA animation
           "What did the eyewitnesses see?"
NTSB Animation # 1 "Flight Path View"
NTSB Animation # 2 "Flight Path View From Ground"

UNOFFICIAL ANIMATIONS:
Mike Wire's View
Missile Fire
Missile Fire – close-up
Surface vessel missile launch,
           missile strike, military operating zone
TWA 800 Wing box destruction 
Witness 649

Date Filed

Docket

Docket Text

03/19/2007

132

MINUTES OF IN CHAMBERS held before Judge A. Howard Matz: The Court GRANTS Plaintiffs motion for attorneys fees and costs [121] albeit in an amount lower than what plaintiff requested. For the foregoing reasons, the Court awards $144,210 in fees and $2,232 in costs to Plaintiff, for a total of $146,442. No hearing is necessary. FRCP 78; LR 7-15. THIS ORDER IS NOT INTENDED FOR PUBLICATION. Court Reporter: not reported. (klg, ) (Entered: 03/23/2007)

01/22/2007

131

MINUTES OF IN CHAMBERS ORDER held before Judge A. Howard Matz : On the Court's own motion, the Court takes OFF- CALENDAR and UNDER SUBMISSION Plaintiff's Motion for an Award of Attorney's Fees and Costs [121]. The parties will be notified if a hearing is necessary. Court Reporter: Not Reported. (smo, ) (Entered: 01/22/2007)

01/08/2007

130

MEMORANDUM in Reply to Opposition to NOTICE OF MOTION AND MOTION for an award of Attorney Fees and Costs [121] filed by plaintiff H Ray Lahr; Declarations of Lawrence T Dale, III, John H Clarke. (jj, ) (Entered: 01/22/2007)

12/20/2006

129

OPPOSITION to Plaintiffs MOTION for an award of Attorney Fees and Costs [121] filed by defendant National Transportation Safety Board, Central Intelligence Agency, National Security Agency. (klg, ) (Entered: 12/21/2006)

12/20/2006

128

DECLARATION of David M Glass filed by Defendants National Transportation Safety Board, Central Intelligence Agency, National Security Agency. (klg, ) (Entered: 12/21/2006)

12/15/2006

127

NOTIFICATION by Circuit Court of Appellate Docket Number 06-56732, 9th CCA regarding Appeal to Circuit Court, filed by H Ray Lahr. (et) (Entered: 12/15/2006)

12/15/2006

126

NOTIFICATION by Circuit Court of Appellate Docket Number 06-56717, 9th CCA regarding Appeal to Circuit Court filed by National Transportation Safety Board. (et) (Entered: 12/15/2006)

12/04/2006

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals; re: Appeal to Circuit Court, 124 (lr, ) (Entered: 12/06/2006)

12/04/2006

125

PLAINTIFF'S NOTICE OF FILING OF DOCKETING STATEMENT AND DOCKETING STATEMENT filed by Plaintiff H Ray Lahr. (lr, ) (Entered: 12/06/2006)

12/04/2006

124

NOTICE OF APPEAL to 9th CCA filed by Plaintiff H Ray Lahr. Appeal of Order, Filed On: 10/04/06; Entered On: 10/04/06; Order, Filed On: 8/31/06; Entered On: 8/31/06; Forms Given: Transcripts Designation Ordering Form; Filing fee $455; Paid; receipt number: 90964. cc: John H. Clarke; David M. Glass. (lr, ) (Entered: 12/06/2006)

11/30/2006

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: Appeal to Circuit Court (dmap, ) (Entered: 11/30/2006)

11/29/2006

Civil Appeals Docketing Statement received from forwarded to 9th CCA. RE: Appeal to Circuit Court (dmap, ) (Entered: 11/30/2006)

11/29/2006

123

REPRESENTATION STATEMENT re Appeal to Circuit Court. (dmap, ) (Entered: 11/30/2006)

11/29/2006

122

NOTICE OF APPEAL to 9th CCA filed by defendant National Transportation Safety Board. Appeal of Judgment, Filed On: 10/17/06; Entered On: 10/18/06; Filing fee $ 455, billed. cc: Elizabeth J Shapiro; John F Dunne, Jr (dmap, ) (Entered: 11/30/2006)

11/16/2006

121

NOTICE OF MOTION AND MOTION for an award of Attorney Fees and Costs filed by plaintiff H Ray Lahr. Motion set for hearing on 1/22/2007 at 10:00 AM before Judge A. Howard Matz. (klg, ) (Entered: 11/17/2006)

10/18/2006

120

Notice of Withdrawal of MOTION for Reconsideration [116] filed by plaintiff H Ray Lahr. (jp) (Entered: 11/04/2006)

10/16/2006 

119

JOINT NOTICE of Proposed Judgment of the Court and Proposed Judgment of the Court filed by Defendants. (ir,) (Entered: 10/27/2006)

10/17/2006

118

JUDGMENT OF THE COURT by Judge A. Howard Matz: Central Intelligence Ageny (CIA) shall produce to plaintiff the material set forth in Exhibit A and the National Transporation Safety Board shal produce to plaintiff the material set forth in Exhibit B. Plaintiff may file a motion for award of attorneys fees and costs by not later than 11/16/06. Defendants response shall be filed not later than 12/20/06. Plaintiffs reply shall be filed by not later than 1/8/07. Court will rule upon the papers without a hearing. Parties shall not be precluded by the fact that they have approved this judgment as to form from appealing any aspect of this judgment or of the orders dated 8/31/06 or 10/4/06 (See document for further details)(ir, ) (Entered: 10/18/2006)  

10/17/2006

117

ORDER by Judge A. Howard Matz regarding MOTION for Reconsideration [116] DENIED.(klg, ) (Entered: 10/18/2006)  

10/17/2006

116

NOTICE OF MOTION AND MOTION for Reconsideration of the Courts 8/31/06 Order  filed by plaintiff H Ray Lahr. Motion set for hearing on 11/13/2006 at 10:00 AM before Judge A. Howard Matz. (klg, ) (Entered: 10/18/2006)  

10/17/2006

115

ORDER by Judge A. Howard Matz, regarding EX PARTE APPLICATION for Leave to file motion for reconsideration of the courts 8/31/06 order [114] GRANTED.(klg, ) (Entered: 10/18/2006)  

10/16/2006

114

EX PARTE APPLICATION for Leave to file motion for reconsideration of the courts 8/31/06 order filed by plaintiff H Ray Lahr. Lodged proposed order and motion. (klg, ) (Entered: 10/18/2006) 

10/04/2006

113

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS FIRST TWO SUMMARY JUDGMENTS MOTIONS by Judge A. Howard Matz, regarding MOTION for Partial Summary Judgment [27], MOTION for Partial Summary Judgment[59], (Made JS-6. Case Terminated.)(klg, ) (Entered: 10/04/2006)

10/04/2006

112

NOTICE OF CLERICAL ERROR: Due to clerical error [111] Non public entry erroneously given an item control number. Item control number 111 does not exist. (klg, ) (Entered: 10/04/2006)

09/27/2006

110

STIPULATION AND ORDER rescheduling motion day for plaintiffs motion for partial reconsideration and establishing briefing schedule DENIED by Judge A. Howard Matz. (klg, ) (Entered: 09/28/2006)

09/22/2006

109

ORDER granting plaintiffs ex parte application for leave to file motion for partial reconsideration of the courts 8/31/06 order DENIED by Judge A. Howard Matz. [108] (klg, ) (Entered: 09/26/2006)

09/22/2006

PLACED IN FILE - NOT USED Plaintiffs notice of motion and motion for partial reconsideration of the court 8/31/06 order submitted by plaintiff H Ray Lahr. (klg, ) (Entered: 09/26/2006)

09/22/2006

107

NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge A. Howard Matz ORDERING 1)plaintiffs notice of motion 2)Plaintiffs Ex Parte Apllication 3)Order submitted by Plaintiff H Ray Lahr received on 9/20/06 to be filed and/or processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(klg, ) (Entered: 09/26/2006)

09/20/2006

108

EX PARTE APPLICATION for Leave to file motion for partial reconsideration of the courts 8/31/06 order filed by PLAINTIFF H Ray Lahr. (klg, ) (Entered: 09/26/2006)

09/06/2006

106

NOTICE of Change of Address by John F Dunne, Jr attorney for Plaintiff H Ray Lahr, changing address to 12100 Wilshire Boulevard, 8th Floor, Los Angeles, CA 90025. Filed by plaintiff H Ray Lahr (ak, ) (Entered: 09/07/2006)

08/31/2006

104

ORDER by Judge A. Howard Matz: Court GRANTS summary judgment to Defendants on five of the disputed records at issue in the CIA's Second Motion, and DENIES summary judgment on the remaining seven [85]. Defendants will not be required to actually provide the required records until the Court rules on the two remaining summary judgment motions, which the Court hopes to do within thirty days. At that point, a single, comprehensive Judgment may be procedurally appropriate and the parties will be in a position to determine whether to appeal. See document for details. (smo, ) (Entered: 08/31/2006)

08/14/2006

103

MINUTES (IN CHAMBERS) held before Judge A. Howard Matz: To assist the court in its determination of the CIAs First Motion for Partial Summary Judgment and as permitted by 50 United States Code section 552(a)(4)(B) the government is ORDERED to submit, in camera, unredacted copies of the records designated as still disputed in the Parties Joint Filing of Chart filed on 7/21/06. These documents are designated on that Chart by Defendants ID numbers 1176343, 1176350, 1215015,1215016, 1215017, 1215200, 1176352, 1176344, 1215195, 1215194, 1215196, 1215202, 1215014, 1215018, 1215024, 1215209,1175603 and 1232320. These records shall be filed, under seal, not later than Friday, 8/25/06. Those records not requiring special security procedured in their filing shall be filed under the Courts normal in camera procedure. Those records requiring special security procedures in their filing shall be filed in accordance with those procedures.Court Reporter: N/A. (klg, ) (Entered: 08/17/2006)

07/25/2006

101

ERRATA to the Parties Joint Filing of Chart [97] filed by Plaintiff H Ray Lahr. (ir, ) (Entered: 07/26/2006)

07/25/2006

100

ORDER by Judge A. Howard Matz plaintiffs Ex Parte Application for Leave to late file Errata to the Parties Joint Filing of Chart [98] is granted. Court has reviewed and rejects Defendants opposition to Plaintiffs Ex Parte Application. (ir, ) (Entered: 07/26/2006)

07/24/2006

99

OPPOSITION to Plaintiffs Ex Parte Application for Leave to late file Errata to the Parties Joint Filing of Chart [98] filed by Defendants. (ir, ) (Entered: 07/26/2006)

07/24/2006

98

EX PARTE APPLICATION for Leave to late file Errata to the Parties Joint Filing of Chart filed by Plaintiff H Ray Lahr. Lodged Proposed Order, and Errata. (ir, ) (Entered: 07/26/2006)

07/21/2006

97

JOINT NOTICE of Filing of Chart and Chart filed by Defendants. (ir, ) (Entered: 07/26/2006)

07/19/2006

96

MINUTES OF IN CHAMBERS ORDER held before Judge A. Howard Matz : The Court having consulted with plaintiff's and defendants' counsel and the Clerk's Office for the Central District of California, for practical reasons the government is ORDERED to file all materials referred to in the Court's 7/12/06 Minute Order - to wit, the documents designated by the government as MORI Document IDs 1255552, 1255554, 1255556 and 1305302 and as NTSB Records 33, 34, 35 and 36, and the affidavit concerning the NSA computer program ? not later than Wednesday, 8/2/06. Court Reporter: Not Reported. (smo, ) (Entered: 07/19/2006)

07/12/2006

95

MINUTES OF IN CHAMBERS ORDER held before Judge A. Howard Matz : To assist the Court in its determination of the CIA's Second Motion for Partial Summary Judgment, the government is ORDERED to submit, in camera, unredacted copies of the documents designated by the government as MORI Document IDs 1255552, 1255554, 1255556 and 1305302, and as NTSB Records 33, 34, 35 and 36. These documents shall be filed, under seal, not later than Friday, 7/21/06. Rather than submitting to the Court the actual NSA computer program that is a subject of the CIA's Second Motion for Partial Summary Judgment, the government is ORDERED to submit a sealed, in camera affidavit concerning the program. This sworn affidavit should be made by an individual with personal knowledge of the computer program and its use, and should explain how it concerns a function of the NSA or information with respect to the activities thereof. Additionally, this affidavit should explain for what purposes the computer program is used, how it works, and how it is operated. This document shall be filed, under seal, not later than Friday, 7/28/06. See document for details. Court Reporter: Not Reported. (smo, ) (Entered: 07/13/2006)

07/10/2006

94

MINUTES OF Motion Hearing held before Judge A. Howard Matz : Court questions counsel regarding motion [85]. Court intends to issue its tentative order next week. The parties will then have 2 weeks to file their separate responses to the tentative order, not to exceed 10 pages and without attachments. The parties are to keep the tentative order confidential and may not disclose it to the public or any other person, either directly or indirectly by means of email, facsimile, etc., except to those parties specifically identified by the Court (i.e., CIA, NSA, Mr. Lahr). The Court will exercise its authority in the event these restrictions are violated. In light of the ruling on this motion [85], the parties are to file revised single contentions on the two prior pending summary judgment motions. The Court intends to issue a request that the parties file a chart identifying the correlation between the plaintiff's and defendants' BATES numbers. Court Reporter: Leslie A. King. (smo, ) (Entered: 07/12/2006)

07/10/2006

93

MINUTES OF IN CHAMBERS ORDER held before Judge A. Howard Matz : The parties are ORDERED to jointly prepare and file a chart to assist the Court in locating the parties' arguments concerning the applicability of the government's claimed exemptions, as they apply to individual records in this matter. The parties are ORDERED to file this chart with the Court no later than Friday, 7/21/06. See document for details. Court Reporter: Not Reported. (smo, ) (Entered: 07/11/2006)

06/26/2006

92

REPLY in support of Defendants Second Motion for Partial Summary Judgment as to The Central Intelligence Agency [85]; Third Declaration of David M Glass filed by Defendants. (ir, ) (Entered: 06/28/2006)

06/22/2006

91

ORDER by Judge A. Howard Matz that Plaintiffs Ex Parte Application for Leave to file Declaration of John H Clarke in opposition to CIA Motion for Summary Judgment [89] is granted. (ir, ) (Entered: 06/23/2006)

06/22/2006

90

DECLARATION of John H Clarke in opposition to CIA Motion for Summary Judgment[85] filed by Plaintiff H Ray Lahr. (ir, ) (Entered: 06/23/2006)

06/22/2006

89

EX PARTE APPLICATION for Leave to file Declaration of John H Clarke in opposition to CIA Motion for Summary Judgment filed by Plaintiff H Ray Lahr. Ex Parte Application set for hearing on 7/10/2006 at 10:00 AM before Judge A. Howard Matz. Lodged Proposed Order. (ir, ) (Entered: 06/23/2006)

06/05/2006

88

STATEMENT of Genuine Issues in opposition to CIA Motion for Partial Summary Judgment [85] filed by Plaintiff H Ray Lahr. (ir, ) (Entered: 06/06/2006)

06/05/2006

87

NOTICE OF FILING OF AFFIDAVIT AND AFFIDAVIT of H Ray Lahr in opposition to CIA Motion for Partial Summary Judgment [85] filed by Plaintiff H Ray Lahr (ir, ) (Entered: 06/06/2006)

06/05/2006

86

OPPOSITION to CIA Motion for Partial Summary Judgment [85] filed by Plaintifff H Ray Lahr. (ir, ) (Entered: 06/06/2006) (Exhibits A through J)

05/01/2006

85

NOTICE OF MOTION AND SECOND MOTION for Partial Summary Judgment as to the Central Intelligence Agency filed by defendants National Transportation Safety Board, Central Intelligence Agency, and National Security Agency. Motion set for hearing on 7/10/06 at 10:00 a.m. before Judge A. Howard Matz.Lodged Statement of Uncontroverted Facts and Proposed Judgment. (smo, ) (Entered: 05/10/2006)

04/03/2006

84

DEFENDANTS NOTICE OF FILING AND VAUGHN INDICES filed by National Transportation Safety Board, Central Intelligence Agency, National Security Agency. (rla, ) (Entered: 04/06/2006)

02/21/2006

83

ANSWER to Second Amended Complaint [82] filed by Defendants.(ir, ) (Entered: 02/22/2006)

02/06/2006

PLACED IN FILE - NOT USED re Defendants Proposed Order, lodged 1/17/06 submitted by Defendants. (ir, ) (Entered: 02/08/2006)

02/06/2006

PLACED IN FILE - NOT USED re Plaintiffs Proposed Order Granting Leave to File Second Amended Complaint, lodged 1/5/06 submitted by Plaintiff H Ray Lahr. (ir, ) (Entered: 02/08/2006)

02/06/2006

82

SECOND AMENDED COMPLAINT against Defendants National Transportation Safety Board, Central Intelligence Agency, and National Security Agency amending Amended Complaint [5] filed by Plaintiff H Ray Lahr (ir, ) (Entered: 02/08/2006)

02/06/2006

81

MINUTES OF IN CHAMBERS ORDER by Judge A. Howard Matz : Plaintiff H. Ray Lahr moves for leave to file a second amended complaint (SAC) to (1) add the National Security Agency (NSA) as a defendant and (2) add a claim for relief for a new, recently denied Freedom of Information Act (FOIA) request for records generated after the Central Intelligence Agency (CIA) released its "zoom-climb" conclusion on 11/17/67. The Court GRANTS Plaintiff's motion for leave to amend [75]. Plaintiff's "Proposed Second Amended Complaint" is deemed to have been filed with the Court. Court Reporter: Not Reported. (smo, ) (Entered: 02/07/2006)

02/06/2006

80

MINUTES: Court circulates tentative order and hears oral argument. The Court GRANTS Plaintiff's Motion for Leave to Amend Complaint [75] and orders that the Vaughn Index be filed by not later than 4/3/06. Defendants' forthcoming summary judgment motion shall be filed by not later 5/1/06. The opposition shall be filed by not later than 6/5/06 and the reply by 6/26/06.Court Reporter: Leslie A. King. (smo, ) Modified on 2/7/2006 (smo, ). (Entered: 02/07/2006)

01/30/2006

79

DECLARATION of JOHN H. CLARKE filed by Plaintiff H Ray Lahr. (jp, ) (Entered: 02/07/2006)

01/30/2006

78

MEMORANDUM IN REPLY to Defendant Opposition for Leave to Amend Complaint [75] filed by plaintiff H Ray Lahr. (jp, ) (Entered: 02/07/2006)

01/17/2006

77

DECLARATION of David M Glass regarding Motion for Leave to Amend Complaint [75] filed by Defendants. (ir, ) (Entered: 01/24/2006)

01/17/2006

76

OPPOSITION to Plaintiffs Motion for leave to Amend Complaint [75] filed by Defendants.; Lodged Proposed Order (ir, ) (Entered: 01/24/2006)

01/05/2006

75

NOTICE OF MOTION AND MOTION for Leave to Amend Complaint filed by plaintiff H Ray Lahr. Motion set for hearing on 2/6/2006 at 10:00 AM before Judge A. Howard Matz. Lodged Proposed Order and Second Amended Complaint. (jp, ) (Entered: 01/13/2006)

11/07/2005

74

NOTICE of Filing filed by Plaintiff H Ray Lahr. (ir, ) (Entered: 11/09/2005)

10/24/2005

PLACED IN FILE - NOT USED re Defendants Proposed Order, lodged 10/21/05 submitted by Defendants National Transportation Safety Board, Central Intelligence Agency. (ir, ) (Entered: 10/25/2005)

10/21/2005

73

OPPOSITION to Plaintiffs Motion for Leave to File Sur-Reply [69] filed by Defendants. (ir, ) (Entered: 10/24/2005)

10/18/2005

72

MINUTES OF IN CHAMBERS ORDER by Judge A. Howard Matz : Defendants' motion for summary judgment [59], currently set for oral argument on 10/31/05, is hereby taken OFF

CALENDAR and UNDER SUBMISSION. Fed. R. Civ. P. 78; L.R. 7-15. The parties will be notified if a hearing is necessary. Court Reporter: Not Reported. (smo,) (Entered: 10/19/2005)

10/18/2005

71

PLAINTIFF'S SUR-REPLY TO CIA'S REPLY TO OPPOSITION TO MOTION FOR PARTIAL SUMMARY JUDGMENT [59] filed by plaintiff H Ray Lahr. (smo,) (Entered: 10/18/2005)

10/18/2005

70

ORDER by Judge A. Howard Matz : Granting [69] Motion for Leave to File Sur-Reply to CIA's Reply to Opposition to Motion for Partial Summary Judgment. (smo,) (Entered: 10/18/2005)

10/18/2005

69

NOTICE OF MOTION AND MOTION for Leave to File Sur-Reply filed by plaintiff H. Ray Lahr. Motion set for hearing on 10/31/05 at 10:00 a.m. before Honorable A. Howard Matz. Lodged

Proposed Order. (smo,) (Entered: 10/18/2005)

10/18/2005

68

EX PARTE APPLICATION for Leave to Late-File His Notice of Motion and Motion for Leave to File Sur-Reply and Order Thereon filed by plaintiff H Ray Lahr. IT IS SO ORDERED that Plaintiff's Ex Parte Application for Leave to Late File his Notice and Motion for Leave to File Sur-Reply be, and hereby is, granted. Lodged Motion for Leave to File Sur-Reply and Sur-Reply to CIA's Reply to Opposition to Motion for Partial Summary Judgment. (smo,) (Entered: 10/18/2005)

09/30/2005

67

DECLARATION of Scott A Koch regarding Motion for Partial Summary Judgment as to the Central Intelligence Agency [59] filed by Defendants. (ir,) (Entered: 10/04/2005)

09/30/2005

66

SECOND DECLARATION of Richard S Breuhaus regarding Motion for Partial Summary Judgment as to the Central Intelligence Agency [59] filed by Defendants. (ir, ) (Entered: 10/04/2005)

09/30/2005

65

REPLY in support of Defendants Motion for Partial Summary Judgment as to the Central Intelligence Agency [59] filed by Defendants.(ir,) (Entered: 10/04/2005)

09/13/2005

64

STATEMENT OF GENUINE ISSUES IN OPPOSITION to MOTION for Partial Summary Judgment [59] filed by plaintiff, H Ray Lahr. (sv) (Entered: 09/22/2005)

09/13/2005

63

OPPOSITION to MOTION for Partial Summary Judgment [59] filed by plaintiff, H Ray Lahr. (sv) (Entered: 09/22/2005)

09/13/2005

62

PRAECIPE Change of Address by John Harrison Clarke attorney for Plaintiff H Ray Lahr, changing address to 1717 K Street Northwest, Suite 600; Washington,DC 20036 filed by Plaintiff

H Ray Lahr (ir, ) (Entered: 09/14/2005)

08/16/2005

61

SECOND DECLARATION of Terry N Buroker regarding Motion for Partial Summary Judgment [59] filed by Defendants National Transportation Safety Board, Central Intelligence Agency.

(ir, ) Modified on 8/18/2005 (ir, ). (Entered: 08/18/2005)

08/16/2005

60

DECLARATION of David M Glass regarding Motion for Partial Summary Judgment [59] filed by Defendants National Transportation Safety Board, Central Intelligence Agency. (ir, )

(Entered: 08/18/2005)

08/16/2005

59

NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to the Central Intelligence Agency; Memorandum of Points and Authorities filed by Defendants National

Transportation Safety Board, Central Intelligence Agency. Motion set for hearing on 10/31/2005 at 10:00 AM before Honorable A. Howard Matz. Lodged Proposed Judgment, Statement of

Uncontroverted Facts. (ir, ) (Entered: 08/18/2005)

07/13/2005

58

STIPULATION AND ORDER by Judge A. Howard Matz: Defendant shall file a motion for summary judgment as to the Central Intelligence Agency on or before 8/16/05. Plaintiff shall file

his opposition to the motion on or before 9/13/05. Defendants shall file their reply in support of the motion on or before 9/30/05. Plaintiff may file a motion for leave to file a sur-reply in

opposition to the motion if he believes that defendants have raised new issues in their reply but not otherwise. Any such motion shall be filed on or before 10/14/05. To the extent not

withdrawn previously, all sub-request to the request under the Freedom of Information Act submitted to the CIA by plaintiff by letter dated 10/8/03 are hereby withdrawn, except the

following Numbers 4, 69, 71, 75, 77, 83, 89, 93, 96, 98, 99, 101, 102, 104, 105, 107, 108.(ir, ) (Entered: 07/13/2005)

06/20/2005

57

NOTICE of filing and Vaughn index filed by defendants, National Transportation Safety Board, Central Intelligence Agency. (sv) (Entered: 06/29/2005)

03/14/2005

56

Defendants' STATUS REPORT filed by Defendants National Transportation Safety Board, Central Intelligence Agency. (shb, ) (Entered: 03/15/2005)

02/14/2005

FAX number for Attorneys David M Glass, Elizabeth J Shapiro is 202-616-8470. (ir, ) (Entered: 02/16/2005)

02/14/2005

55

NOTICE of Reassignment of Counsel from Jan L Luymes to David M Glass and Elizabeth J Shapiro filed by Defendants National Transportation Safety Board, Central Intelligence Agency.

(ir, ) (Entered: 02/16/2005)

02/04/2005

54

STIPULATION TO WITHDRAW CERTAIN FOIA REQUESTS To the CIA AND ORDER by Judge A. Howard Matz : COMES NOW Plaintiff, H. Ray Lahr and defendant Central Intelligence Agency, by and through their undersigned counsel, who stipulate that the plaintiff is hereby withdrawing plaintiff's October 8, 2003 FOIA requests to the CIA numbered 5 through 68, 70, 72, 73, 74, 76, 78, 79, 80, 82, 84, 85, 86, 88, 90, 91, 92, 94, 97, 100, 103, 106, and 109. IT IS SO ORDERED.(yl, ) (Entered: 02/07/2005)

11/09/2004

53

STIPULATION AND ORDER by Judge A. Howard Matz: Plaintiff is hereby withdrawing its 10/8/03 FOIA requests numbered 131, 132, and 133.(ir, ) (Entered: 11/10/2004)

11/09/2004

52

NOTICE of Joint Filing of Chart filed by Defendants Central Intelligence Agency, National Transportation Safety Board. (ir, ) (Entered: 11/10/2004)

10/27/2004

50

ORDER REQUIRING COMPLIANCE by Judge A. Howard Matz: On 9/27/04 Court issued an Order requiring the parties to meet and confer in preparation of a joint statement of disputed items to be filed no later than 10/25/04. Parties have failed to comply with the September 27 Order. Court now warns the parties that failure to comply with the terms of the 9/27 Order by 11/8/04 may subject them to sanctions. The chart circulated by the Court has five headings (1) Request, (2) Description/Category, (3) Legal Basis for Exemption and (4) Factual Basis for Exemption and (5) Production Basis. Defendants shall complete columns three and four before Plaintiff completes column five. Court sees no reason why the parties have come into conflict over who must first produce information for this chart. They shall file the chart with the Court by 11/8/04. (See document for further details)(ir, ) (Entered: 10/27/2004)

10/26/2004

51

RESPONSE to Plaintiffs Ex-parte Application lodged 10/25/04 filed by Defendants Central Intelligence Agency, National Transportation Safety Board. (ir, ) (Entered: 10/28/2004)

10/25/2004

49

NOTICE of Filing and Filing Supplemental Affidavit of Brett M Hoffstadt filed by Plaintiff H Ray Lahr. (ir, ) (Entered: 10/26/2004)

10/12/2004

48

NOTICE OF FILING AND FILING OF SUPPLEMENTAL AFFIDAVIT by affiant: RICHARD BREUHAUS filed by Defendants Central Intelligence Agency, National Transportation Safety Board. (jp, ) (Entered: 10/19/2004)

10/12/2004

47

NOTICE of Lodging Documents under seal for the Courts In Camera inspection filed by Defendants Central Intelligence Agency, National Transportation Safety Board.; Lodged documents listed. (ir, ) (Entered: 10/18/2004)

10/12/2004

46

STIPULATION AND ORDER by Judge A. Howard Matz : Plaintiff hereby withdraws its 10/8/03 FOIA requests numbered 73, 83, 103, 120, 127, 134, 141 and 148.(ir, ) (Entered: 10/12/2004)

09/27/2004

45

MINUTES: NTSB Motion for Partial Summary Judgment [27] (Filed 6/8/04); Cause called; appearances made. Court questions counsel and hears oral argument. Court takes the above motion UNDER SUBMISSION. Government shall submit, in camera the unredacted materials within 10 days. Court circulates a chart and orders the parties to meet and confer in preparation of their joint statement of disputed items to be filed by not later than 10/25/04. Court also grants the parties oral request to file supplemental declarations. Government shall file its supplemental declaration by not later than 10/12/04 and Plaintiff shall file his responsive/counter declaration by not later than 10/26/04 by Judge A. Howard Matz Court Reporter: Maria Bustillos. (ir ) (Entered: 09/29/2004)

08/17/2004

44

REPLY in support of its Motion for Partial Summary Judgment [27] filed by Defendant National Transportation Safety Board. (ir ) (Entered: 08/25/2004)

08/16/2004

43

NOTICE of Filing and Filing of Affidavit of Richard S Breuhaus and First Supplemental Declaration of Dennis A Crider filed by Defendants Central Intelligence Agency, National Transportation Safety Board. (ir ) (Entered: 08/25/2004)

08/12/2004

42

STIPULATION AND ORDER by Judge A. Howard Matz : to dismiss with prejudice claims as to certain information withheld pursuant to exemptions (b)(4) and (b)(6) in certain records(shb, ) (Entered: 08/13/2004)

08/10/2004

41

AMENDED STATEMENT of Genuine Issues in Opposition to NTSB's MOTION for Partial Summary Judgment [27] filed by Plaintiff H Ray Lahr. (shb, ) (Entered: 08/11/2004)

08/10/2004

40

EX PARTE APPLICATION for leave to file amended statement of genuine issues and ORDER by Judge A. Howard Matz granting leave for plaintiff to file an amended statement of genuine issues(shb, ) (Entered: 08/11/2004)

08/06/2004

39

EX PARTE APPLICATION for Leave to file Amended Statement of Genuine Issues filed by Plaintiff H Ray Lahr. Lodged Amended Statement of Genuine Issues. (th) (Entered: 08/11/2004)

08/06/2004

38

STIPULATION AND ORDER by Judge A. Howard Matz defendants MOTION for Partial Summary Judgment[27] is rescheduled for 9/27/2004 at 10:00 AM before Honorable A. Howard Matz.(bg, ) (Entered: 08/06/2004)

07/27/2004

37

MINUTES: In Chambers; On 7/26/04 Court received a letter from one Glenn A Niblock of Pensacola, Florida. At the outset of the letter, Mr. Niblock states that he is not a party to the case and that he hopes the Court "will consider (the letter) in the sense of a 'Friend of the Court' submission." Upon reading that line the Court decided not to read and did not read the letter. Court has returned the letter to the sender without keeping a copy IT IS SO ORDERED by Judge A. Howard Matz Court Reporter: NONE. (ir ) (Entered: 07/28/2004)

07/21/2004

36

RESPONSE to NTSB Application to continue summary judgment hearing filed by Plaintiff H Ray Lahr. (ir ) (Entered: 07/26/2004)

07/21/2004

34

AFFIDAVITS of Daniel McGauley and Dennis Crider in opposition to NTSB motion for Summary Judgment [27] filed by Plaintiff H Ray Lahr. (ir ) (Entered: 07/21/2004)

07/21/2004

33

ORDER by Judge A. Howard Matz that the Court accepts Plaintiffs submission of the affidavits of Daniel McGauley and Dennis Crider for inclusion in the record herein.(ir ) (Entered: 07/21/2004)

07/21/2004

32

ORDER by Judge A. Howard Matz: regarding NTSB Ex-parte Application [31]; That the time for Defendant National Transportation Safety Board to file its reply in support of its motion for partial summary judgment be extended to and including 8/16/04. Hearing date on the motion is rescheduled to a date to be agreed to and stipulated by the parties, not to be before 9/12/04. (ir ) (Entered: 07/21/2004)

07/20/2004

31

EX PARTE APPLICATION to extend time to File its reply in support of its motion for partial summary judgment filed by Defendant National Transportation Safety Board. Lodged Order. (ir) (Entered: 07/21/2004)

07/19/2004

35

EX PARTE APPLICATION for Leave to file Affidavits of Daniel McGauley and Dennis Crider in opposition to NTSB motion for summary judgment filed by Plaintiff H Ray Lahr. Lodged Order. (ir) (Entered: 07/21/2004)

07/06/2004

30

NOTICE filed by Plaintiff, H Ray Lahr of lodging (shb, ) (Entered: 07/09/2004)

07/06/2004

29

STATEMENT Genuine Issues filed by Plaintiff H Ray Lahr (shb, ) (Entered: 07/09/2004)

07/06/2004

28

OPPOSITION to NTSBs Motion for Summary Judgment [27] filed by Plaintiff H Ray Lahr. (nhac, ) (Entered: 07/07/2004)

OPPOSITION TO MOTION FOR PARTIAL SUMMARY JUDGMENT and EXHIBITS [27] filed by plaintiff H. Ray Lahr.  Motion set for hearing on 8/2/2004 at 10:00 AM before Honorable A. Howard Matz. Filed Amended Statement of Genuine Issues.

NOTICE OF LODGING AND LODGING of 4 (four) Videotapes in Opposition to Partial Summary Judgment  [27]:  [ONE – EXPERTS TRT:  16.5 min]: Captain H. Ray Lahr Ret (1:45); Dr. Vernon Gross & Aug. 2000 hearing (2:44); Colonel Lawrence Pence U.S. Air Force Ret (1:05); Admiral Clarence A. Hill, Jr. Ret (2:45); Commander William S. Donaldson USN/Ret (1:20); Thomas Stalcup Ph.D. & Aug. 2000 hearing (3:05);  [TWO – EXPERT EYEWITNESSES TRT:  72:00 min]: James K. Kallstrom DIC FBI NYFO (0:42); Captain Richard Russell Ret. (0:35); James Sanders (2:56); James Speer ALPA (6:45); Hank Hughes NTSB (1:05); Dwight Brumley USN Ret (1:40); Cap David McClaine (0:08); Aug. 2000 hearing & Major Fred Meyer Ret (51:00);  Aug. 2000 hearing & Paul Angelides (3:10); Aug. 2000 hearing & Mike Wire (2:29); Lisa Perry (0:35); Marge Krugar (0:30); Aug. 2000 hearing re witness 649 (0:27)  [THREE – ANIMATIONS  TRT: 9.5 min]:  CIA/NTSB animation "What did the eyewitnesses see?" (6:03); NTSB Animation "Flight Path View" (0:36); NTSB Animation "Flight Path View From Ground" (0:27)  [FOUR – UNOFFICIAL ANIMATIONS:  TRT:  0.96 min]:  Mike Wire's View (0:17);  Missile Fire (0:11); Missile Fire close-up (0:11); surface vessel missile launch missile strike military operating zone (0:47); TWA-800 Wing box destruction (0:10); Witness 649 Animation (0:05).

06/10/2004

26

STIPULATION AND ORDER by Judge A. Howard Matz: Dismissed with prejudice: (1) All of Plaintiffs claims as to the names and identifying information of Boeing employees which is being withheld in NTSB Records numbered 1,2,3,4,5,6,7,8,9,10,12,13,16,25 in Exhibit V of the Vaughn index filed on 5/19/04 (and in the Errata to the Vaughn index filed on 5/21/04); (2) All of Plaintiffs claims as to information being withheld in NTSB Records numbered 12,13,19 and 21 in Exhibit V of the Vaughn index filed on 5/19/04. In addition Plaintiff is hereby withdrawing Plaintiffs 10/8/03 FOIA requests numbered 74, 78, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 98, 99, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 121, 128, 135, 142, 149. This Order inures also to the benefit of Defendant Central Intelligence Agency.(ir, ) (Entered: 06/14/2004)

06/08/2004

27

NOTICE OF MOTION AND MOTION for Partial Summary Judgment filed by defendant National Transportation Safety Board. Motion set for hearing on 8/2/2004 at 10:00 AM before Honorable A. Howard Matz. Lodged Proposed Order and Statement of Uncontroverted Facts. (nhac, ) (Entered: 06/15/2004)

05/21/2004

25

NOTICE OF FILING AND FILING OF ERRATA filed by Defendants Central Intelligence Agency, National Transportation Safety Board to NTSB Vaughn Index [23] (ir, ) (Entered: 05/28/2004)

05/19/2004

23

NOTICE of Filing and Filing of NTSB Vaughn Index filed by Defendants Central Intelligence Agency, National Transportation Safety Board. (ir, ) (Entered: 05/24/2004)

05/18/2004

22

ORDER by Judge A. Howard Matz Granting Defendant NTSB Ex-parte Application to extend time to file its Vaughn Index. Time for Defendant NTSB to file and serve its Vaughn index be extended to and including 5/19/04. All other dates previously scheduled regarding the NTBS remain in effect.(ir, ) (Entered: 05/19/2004)

05/14/2004

24

EX PARTE APPLICATION to Extend Time to File its Vaughn Index filed by defendants National Transportation Safety Board and Central Intelligence Agency. Lodged Proposed Order. (gk, ) (Entered: 05/25/2004)

05/13/2004

20

ORDER by Judge A. Howard Matz: Defendant motion to stay proceedings [15] as to the CIA only is hereby granted. The action continues to proceed against the NTSB. This order pertains to the CIA only and all deadlines regarding the NTSB shall remain in tact. Court retains jurisdiction and hereby ORDERS that the CIA will have the additional time it has requested. CIA will have to and including 2/28/05 to complete its processing of the CIA-originated records (not requiring third agency coordination) responsive to Plaintiffs requests and provide a written response to Plaintiff. CIA will file a status report with the Court on Monday 3/14/05 as to the status of response as to any records where coordination with other agencies was necessary if such coordination was not completed by 2/28/05. The Status report shall propose the date by which the Vaughn index will be filed. No hearing is necessary. FRCP 78; Local Rule 7-15. (ir, ) (Entered: 05/13/2004)

05/11/2004

19

MINUTES: (IN CHAMBERS) Due to the Courts calendar, Court continues Defendant CIA motion for Stay of Proceedings [15] (Filed 4/20/04) from Monday 5/17/04 to Tuesday 5/18/2004 at 10:00 AM by Judge A. Howard Matz Court Reporter: Not Reported. (ir, ) (Entered: 05/11/2004)

05/07/2004

21

REPLY in support of its motion for Stay of Proceedings [15] filed by Defendants Central Intelligence Agency, National Transportation Safety Board.; Supplemental Declaration of Alan W Tate and Exhibit 1 attached thereto. (ir, ) (Entered: 05/17/2004)

05/05/2004

18

Order by Judge A. Howard Matz: Granting Defendant CIA Ex-parte application for Defendant Central Intelligence Agency to file its reply in support of its motion to stay proceedings [15] be extended to and including 5/6/04. The 5/10/04 hearing [17] is continued to Monday 5/17/04 at 10:00. (ir, ) (Entered: 05/06/2004)

05/04/2004

17

EX PARTE APPLICATION to extend time to file its reply in support of its motion to stay proceedings filed by Defendants Central Intelligence Agency, National Transportation Safety Board. Lodged Order. (ir, ) (Entered: 05/06/2004)

04/29/2004

16

OPPOSITION to Defendant CIA motion to Stay proceedings [15] filed by Plaintiff H Ray Lahr. (ir, ) (Entered: 05/06/2004)

04/20/2004

15

NOTICE OF MOTION AND MOTION to Stay Case pending completion of processing plaintiffs Freedom of Information Act requests to CIA; memorandum; declarations of Alan W Tate, Jan L Luymes filed by defendants Central Intelligence Agency, National Transportation Safety Board. Motion set for hearing on 5/10/2004 at 10:00 AM before Honorable A. Howard Matz. (lc, ) (Entered: 04/26/2004)

04/12/2004

14

SCHEDULING ORDER by Judge A. Howard Matz,(1) With regard to the FOIA requests to the CIA, the CIA sill file its open America motion on 4/19/04 for hearing on 5/10/04.(2) With regard to the FOIA requests to the NTSB, the parties will follow this schedule: 5/17/04 NTSB files its Vaughn index; 5/24/04 Last day for parties to engage in local rule 7-3 meeting; 6/7/04 NTSB files its motion for summary judgment; 6/21/04 plaintiff chooses last day to file a motion; 7/6/04 If plaintiff files a motion to take deposition of Dennis Crider last day for defendant NTSB to file; 7/6/04 IF plaintiff does not file a motion to take deposition, last day for plaintiff to file opposition to defendant NTSB's motion for summary judgment; 7/19/04 Plaintiff files an opposition.; 8/2/04 hearing on motion for summary judgment. (yc, ) (Entered: 04/13/2004)

04/05/2004

13

SCHEDULING AND CASE MANAGEMENT ORDER (See document for further details) by Judge A. Howard Matz (ir, ) (Entered: 04/06/2004)

04/05/2004

12

MINUTES: Scheduling Conference held. Court suggest the following briefing schedule: Government shall file its "Open America" motion pertaining to the CIA not later than 4/19/04 together with a declaration containing the factual basis for the motion and a proposed schedule for the Vaughn Index/disclosures; Government shall file its NTSB Vaughn Index not later than 5/17/04; Government shall file its NTSB summary judgment motion not later than 6/7/04. Opposition thereto shall be filed not later than 7/6/04, reply shall be filed not later than 7/20/04 with the motion noticed for hearing on 8/2/04. Also Court shortens the meet and confer requirement under Local Rule 7-3 to 14 days. Parties shall submit by not later than 4/12/04 a stipulation and order regarding the above briefing schedule. Parties agree that the Government shall be the moving party on all forthcoming summary judgment motions. Court orders the parties to file a new updated comprehensive Vaughn Index. Court advises counsel that it is not inclined to grant motions to extend page limits and declines the parties request to appoint a special master. Counsel were personally served a copy of the Scheduling and Case Management Order filed this date. However no pretrial and trial dates were set at this time by Judge A. Howard Matz Court Reporter: Gail Peeples. (ir, ) (Entered: 04/06/2004)

03/30/2004

11

JOINT Rule 26(f) Report filed; estimated length of trial 3 Court days. (ir, ) (Entered: 04/01/2004)

01/30/2004

10

ORDER by Judge A. Howard Matz Setting Rule 26(f) Scheduling Conference for 4/5/2004 01:30 PM ; Parties are reminded of their obligations to disclose information to confer on a discovery plan not later than 21 days prior to the scheduling conference and to file a report with the Court entitled "Joint Rule 26(f) Report" not later than 14 days after they confer; Failure to comply with the following requirements or to cooperate in the preparation of the Joint Rule 26(f) Report may lead to the imposition of sanctions (See document for further details)(ir, ) (Entered: 02/02/2004)

01/23/2004

9

NOTICE of Interested Parties filed by Defendants Central Intelligence Agency, National Transportation Safety Board. (jp, ) (Entered: 01/28/2004)

01/23/2004

8

ANSWER TO FIRST AMENDED COMPLAINT filed by defendants Central Intelligence Agency, National Transportation Safety Board.(jp, ) (Entered: 01/28/2004)

01/07/2004

7

APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case by John Harrison Clarke of Law Offices of John H Clarke for H Ray Lahr, designating John F Dunne, Jr of Law Offices of John F Dunne Jr as local counsel. Approved by Judge A. Howard Matz. Fee Paid. (ir, ) (Entered: 01/08/2004)

12/19/2003

6

INITIAL ORDER following filing of complaint (See document for further details) by Judge A. H. Matz (ir) (Entered: 12/19/2003)

12/17/2003

5

FIRST AMENDED COMPLAINT [1-1] by plaintiff H Ray Lahr. Summons not issued (mch) (Entered: 12/18/2003)

12/17/2003

4

ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 224 (Related Case) filed. [ Related Case no.: CV 02-2668 AHM (RZx)] Case transferred from Judge Consuelo B. Marshall to Judge A. H. Matz for all further proceedings. , Case referred from Discovery Carolyn Turchin to Discovery Ralph Zarefsky The case number will now reflect the initials of the transferee Judge [ CV 03-8023 AHM (RZx)] (cc: all counsel) (kc) (Entered: 12/17/2003)

12/08/2003

PREPARED ORDER RE TRANSFER Pursuant to General Order 224 (Related Case) by Clerk; related to CV 02-2668 AHM (RZx) (rn) (Entered: 12/08/2003)

11/18/2003

3

NOTICE by plaintiff H Ray Lahr of related case(s) CV 02-8708 AHM (RZx) and Affidavit of Service. (rn) (Entered: 11/20/2003)

11/17/2003

ALIAS SUMMONS issued (60 days) (lc) (Entered: 11/18/2003)

11/06/2003

2

CERTIFICATION & NOTICE OF INTERESTED PARTIES filed by plaintiff H Ray Lahr (jag) (Entered: 11/12/2003)

11/06/2003

1

COMPLAINT filed Summons(es) issued referred to Discovery Carolyn Turchin (jag) (Entered: 11/12/2003)