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Case TitleBuckley v. U. S. Department of Justice
DistrictWestern District of New York
CityBuffalo
Case Number1:2019cv00319
Date Filed2019-03-08
Date ClosedOpen
JudgeHon. Leslie G. Foschio
PlaintiffNathaniel J. Buckley
Case DescriptionNathaniel Buckley, owner of the Burning Bookstore in Buffalo, submitted a FOIA request to the FBI for records concerning about himself. The agency acknowledged receipt of the request. The FBI located 16 pages and disclosed 14 pages in full or in part. Buckley filed an administrative appeal to the Office of Information Policy. OIP denied Buckley's appeal. Buckley then filed suit.
Complaint issues: Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU. S. Department of Justice
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [30]
Opinion/Order [33]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-03-081COMPLAINT against U. S. Department of Justice $ 400 receipt number 0209-3384360, filed by Nathaniel J. Buckley. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Kuzma, Michael) (Entered: 03/08/2019)
2019-03-12Case assigned to Hon. Richard J. Arcara. Notification to chambers of on-line civil opening. (KLH) (Entered: 03/12/2019)
2019-03-12Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (KLH) (Entered: 03/12/2019)
2019-03-122Summons Issued as to U. S. Department of Justice. (KLH) (Entered: 03/12/2019)
2019-03-303AFFIDAVIT of Service for Summons and Complaint served on Mark Witzleben, United States Attorney's Office, on March 18, 2019, filed by Nathaniel J. Buckley. (Kuzma, Michael) (Entered: 03/30/2019)
2019-04-164ANSWER to 1 Complaint by U. S. Department of Justice.(Cerrone, Michael) (Entered: 04/16/2019)
2019-04-245TEXT ORDER REFERRING CASE to Magistrate Judge Hon. Jeremiah J. McCarthy. The Magistrate Judge is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. Section 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. Section 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. Section 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Hon. Richard J. Arcara on 4/24/2019. (LAS) (Entered: 04/24/2019)
2019-04-266TEXT ORDER REFERRING CASE to Magistrate Judge Hon. Leslie G. Foschio. The previous referral order 5 to Magistrate Judge Jeremiah J. McCarthy is vacated. The Magistrate Judge is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. Section 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. Section 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. Section 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Hon. Richard J. Arcara on 4/26/2019. (LAS) (Entered: 04/26/2019)
2019-04-297ORDER. Scheduling Conference set for 6/25/2019 12:00 PM before Hon. Leslie G. Foschio. Signed by Hon. Leslie G. Foschio on 4/29/2019. (SDW) (Entered: 04/29/2019)
2019-05-308MOTION to Adjourn Rule 16 Conference by U. S. Department of Justice. (Attachments: # 1 Declaration)(Cerrone, Michael) (Entered: 05/30/2019)
2019-05-309TEXT ORDER granting 8 Motion to Adjourn scheduling conference. Adjourned to 7/30/2019 at 11:30 a.m. Issued by Hon. Leslie G. Foschio on 5/30/2019. (SDW) (Entered: 05/30/2019)
2019-05-30Set/Reset Hearings: Scheduling Conference set for 7/30/2019 11:30 AM before Hon. Leslie G. Foschio, adjourned from 6/25/2019. (SDW) (Entered: 05/30/2019)
2019-07-3010Minute Entry for proceedings held before Hon. Leslie G. Foschio: Scheduling Conference held on 7/30/2019. Deft to provide proposed Vaughn Index and related dispositive dates. Pltf shall advise the court if objections to such proposed dates will be filed. Appearances: Pltf: Michael Kuzman, Esq. w/ Plaintiff, Dft: AUSA Michael Cerrone (Court Reporter FTR Gold.) (SDW) (Entered: 07/30/2019)
2019-08-1611CONSENT to Jurisdiction by US Magistrate Judge by Nathaniel J. Buckley, U. S. Department of Justice. Case reassigned to Magistrate Hon. Leslie G. Foschio. Signed by Hon. Richard J. Arcara on 8/15/2019. (KLH) (Entered: 08/16/2019)
2019-08-2012SCHEDULING ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Defendant shall file its Vaughn filing, whether in declaration format or otherwise, on or before 12/20/2019. Dispositive Motions due by 12/20/2019. Signed by Hon. Leslie G. Foschio on 8/20/2019. (SDW) (Entered: 08/20/2019)
2019-12-2013MOTION for Summary Judgment by U. S. Department of Justice.(Cerrone, Michael) (Entered: 12/20/2019)
2019-12-2014MEMORANDUM IN SUPPORT re 13 MOTION for Summary Judgment byU. S. Department of Justice. (Cerrone, Michael) (Entered: 12/20/2019)
2019-12-2015DECLARATION signed by David M. Hardy re 14 Memorandum in Support, 13 MOTION for Summary Judgment filed by U. S. Department of Justice . (Attachments: # 1 Exhibit A-L)(Cerrone, Michael) (Entered: 12/20/2019)
2019-12-2016STATEMENT OF FACTS by U. S. Department of Justice Related document: 13 Motion for Summary Judgment. (Cerrone, Michael) (Entered: 12/20/2019)
2020-01-0617PLEASE DISREGARD-SEE DKT. 18. ORDER re 13 MOTION for Summary Judgment filed by U. S. Department of Justice. Responses due by 2/3/2020. Replies due by 2/28/2020. Signed by Hon. Leslie G. Foschio on 1/6/2020. (SDW) Modified on 1/6/2020 (SDW). (Entered: 01/06/2020)
2020-01-0618TEXT ORDER re 13 MOTION for Summary Judgment filed by U. S. Department of Justice. Responses due by 3/6/2020. Replies due by 3/31/2020. Issued by Hon. Leslie G. Foschio on 1/6/2020. (SDW) (Entered: 01/06/2020)
2020-03-0519First MOTION for Summary Judgment by Nathaniel J. Buckley.(Kuzma, Michael) (Entered: 03/05/2020)
2020-03-0520MEMORANDUM/BRIEF re 19 First MOTION for Summary Judgment by Nathaniel J. Buckley. (Kuzma, Michael) (Entered: 03/05/2020)
2020-03-0521AFFIDAVIT re 20 Memorandum/Brief by Nathaniel J. Buckley. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Kuzma, Michael) (Entered: 03/05/2020)
2020-03-0522STATEMENT OF FACTS by Nathaniel J. Buckley Related document: 19 Motion for Summary Judgment. (Kuzma, Michael) (Entered: 03/05/2020)
2020-03-2323MOTION for Extension of Time to File Response/Reply by U. S. Department of Justice. (Attachments: # 1 Declaration with Ex. A)(Cerrone, Michael) (Entered: 03/23/2020)
2020-03-2524TEXT ORDER granting 23 Motion for Extension of Time to File Response/Reply. Reply re 13 MOTION for Summary Judgment due by 5/29/2020. Deft response to First MOTION for Summary Judgment 19 due by 5/29/2020.Issued by Hon. Leslie G. Foschio on 3/25/2020. (SDW) (Entered: 03/25/2020)
2020-05-1525MOTION for Extension of Time to File Response/Reply as to 19 First MOTION for Summary Judgment by U. S. Department of Justice.(Cerrone, Michael) (Entered: 05/15/2020)
2020-05-1526DECLARATION signed by Michael S. Cerrone re 25 MOTION for Extension of Time to File Response/Reply as to 19 First MOTION for Summary Judgment filed by U. S. Department of Justice . (Attachments: # 1 Attachment)(Cerrone, Michael) (Entered: 05/15/2020)
2020-05-1827TEXT ORDER granting 25 Motion for Extension of Time to File Response/Reply re 19 First MOTION for Summary Judgment. Responses due by 8/31/2020. Issued by Hon. Leslie G. Foschio on 5/18/2020. (SDW) (Entered: 05/18/2020)
2020-08-2828REPLY/RESPONSE to re 19 First MOTION for Summary Judgment , 13 MOTION for Summary Judgment (Reply Memorandum of Law) filed by U. S. Department of Justice. (Cerrone, Michael) (Entered: 08/28/2020)
2020-08-2829DECLARATION signed by Michael G. Seidel re 19 First MOTION for Summary Judgment , 20 Memorandum/Brief filed by U. S. Department of Justice . (Cerrone, Michael) (Entered: 08/28/2020)
2021-11-1830DECISION and ORDER GRANTING in part and DENYING in part 13 Defendant's Motion for Summary Judgment; GRANTING in part and DENYING in part 19 Plaintiff's Motion for Summary Judgment. Defendant must either, WITHIN 21 DAYS, provide additional documentation permitting the court to determine whether FOIA Exemption 3 protects the release of information on Bates 51, or provide such information to the Plaintiff. SO ORDERED. Signed by Hon. Leslie G. Foschio on 11/18/2021. (TAH) (Entered: 11/18/2021)
2021-12-0831DECLARATION signed by Michael G. Seidel re 30 Order on Motion for Summary Judgment,,, filed by U. S. Department of Justice . (Cerrone, Michael) (Entered: 12/08/2021)
2021-12-1632AMENDED DECISION AND ORDER re 30 Decision and Order on Motions for Summary Judgment (Dkts. 13 and 19) is amended solely to correct several typographical errors. SO ORDERED. Hon. Leslie G. Foschio on 12/16/2021. (TAH) (Entered: 12/16/2021)
2023-09-2833DECISION AND ORDER: Despite Defendant's removal of the application of several FOIA Exemptions from Bates-stamped page 51 listed in the Vaughn Index, page 51 remains partially exempt from disclosure pursuant to other FOIA Exemptions. With the entry of this Decision and Order, the only remaining issues to be decided are whether Plaintiff has substantially prevailed in this action and is thus entitled to an award of attorney fees. Plaintiff is thus ORDERED to show he has substantially prevailed in this FOIA action and is entitled to an award of costs, including attorney fees, incurred in connection with this action within twenty (20) days of this Decision and Order, after which Defendant shall file any response within ten (10) days . Oral argument shall be at the court's discretion. SO ORDERED. Signed by Hon. Leslie G. Foschio on 9/28/2023. (TAH) (Entered: 09/28/2023)
2023-10-1834DECLARATION signed by Michael Kuzma re 33 Decision and Order,,, filed by Nathaniel J. Buckley . (Kuzma, Michael) (Entered: 10/18/2023)
2023-10-3035MEMORANDUM IN OPPOSITION re 34 Declaration (Defendant's Memorandum of Law in Opposition to Plaintiff's Request for Attorney's Fees) by U. S. Department of Justice. (Cerrone, Michael) (Entered: 10/30/2023)
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