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Cause of Action v. National Archives and Records Administration

REPLY to opposition to motion re MOTION to Strike 8 MOTION to Dismiss or in the Alternative for Summary Judgment MOTION for Summary Judgment

20 Cited authorities

  1. Crawford v. Washington

    541 U.S. 36 (2004)   Cited 17,611 times   82 Legal Analyses
    Holding that the Confrontation Clause applies only to testimonial statements

  2. E.E.O.C. v. St. Francis Xavier Parochial

    117 F.3d 621 (D.C. Cir. 1997)   Cited 1,298 times
    Holding that question of whether defendant was a covered entity under ADA is not jurisdictional, but merits related

  3. Military Audit Project v. Casey

    656 F.2d 724 (D.C. Cir. 1981)   Cited 1,217 times
    Holding that the CIA did not waive the applicability of Exemption 1 to all classified information relating to a subject by voluntarily releasing some formerly classified information about that subject

  4. Jackson v. Beech

    636 F.2d 831 (D.C. Cir. 1980)   Cited 674 times
    Holding that all doubts are to be resolved in favor of the party seeking relief thus increasing the likelihood that disputes will be resolved on their merits

  5. U.S. v. Noel

    581 F.3d 490 (7th Cir. 2009)   Cited 103 times
    Finding plain error in district court's failure to directly address the defendant at sentencing

  6. Carter v. Ford Motor Co.

    561 F.3d 562 (6th Cir. 2009)   Cited 70 times
    Holding that the district court properly granted summary judgment to the defendant where the record reflected that neither party understood the plaintiff's complaint to contain her new claim raised at the summary judgment stage

  7. Coles v. Perry

    217 F.R.D. 1 (D.D.C. 2003)   Cited 70 times
    Concluding that a defendant violated Rule 26 by seeking to introduce "documents not identified in ... [its] Initial Disclosure"

  8. Hyson v. Architect of the Capitol

    802 F. Supp. 2d 84 (D.D.C. 2011)   Cited 43 times
    Holding that plaintiff's "request was eventually granted, albeit after a delay, and such a delay would not deter a reasonable employee from pursuing a charge of discrimination."

  9. U.S. v. Espino-Rangel

    242 F. App'x 219 (5th Cir. 2007)   Cited 13 times
    Concluding that the admission of lay opinion testimony was not error or was harmless because the evidence was sufficient to support the conviction even in the absence of the opinion testimony

  10. Chavous v. D.C. Financial Responsibility and Management

    154 F. Supp. 2d 40 (D.D.C. 2001)   Cited 2 times

    Civil Action No. 01-921 (RWR) August 3, 2001 Elizabeth B. Sandza, David Mitchell Ross, Jr., Leboeuf, Lamb, Greene Macrae, LLP, Washington, DC, for Plaintiffs. Daniel A. Rezneck, Washington, DC, David A. Hickerson, Weil, Gotshal Manges, LLP, Washington, DC, Robert C. Utiger, Office of Corp. Counsel, Washington, DC, for Defendants. MEMORANDUM OPINION RICHARD W. ROBERTS, United States District Judge. Plaintiffs Kevin P. Chavous, David A. Catania and the Committee of Interns and Residents filed this

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 354,229 times   943 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 333,232 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  13. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 29,078 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

  14. Rule 403 - Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons

    Fed. R. Evid. 403   Cited 23,022 times   84 Legal Analyses
    Adopting a similar standard, but requiring the probative value to be "substantially outweighed" by these risks

  15. Rule 7 - Pleadings Allowed; Form of Motions and Other Papers

    Fed. R. Civ. P. 7   Cited 7,742 times   2 Legal Analyses
    Defining "pleadings" for purposes of the Federal Rules of Civil Procedure

  16. Rule 701 - Opinion Testimony by Lay Witnesses

    Fed. R. Evid. 701   Cited 5,831 times   26 Legal Analyses
    Governing testimony of lay witnesses

  17. Rule 602 - Need for Personal Knowledge

    Fed. R. Evid. 602   Cited 3,576 times   13 Legal Analyses
    Stating that " witness may testify only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter"

  18. Section 2108 - Responsibility for custody, use, and withdrawal of records

    44 U.S.C. § 2108   Cited 7 times

    (a) The Archivist shall be responsible for the custody, use, and withdrawal of records transferred to him. When records, the use of which is subject to statutory limitations and restrictions, are so transferred, permissive and restrictive statutory provisions with respect to the examination and use of records applicable to the head of the agency from which the records were transferred or to employees of that agency are applicable to the Archivist and to the employees of the National Archives and