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Case TitleBARTKO v. UNITED STATES DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2013cv01135
Date Filed2013-07-26
Date Closed2016-08-29
JudgeJudge James E. Boasberg
PlaintiffGREGORY BARTKO
DefendantUNITED STATES DEPARTMENT OF JUSTICE
DefendantUNITED STATES SECURITIES AND EXCHANGE COMMISSION
DefendantUNITED STATES POSTAL INSPECTION SERVICE
DefendantUNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION
DefendantUNITED STATES DEPARTMENT OF JUSTICE OFFICE PROFESSIONAL RESPONSIBILITY
DefendantUNITED STATES DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE OF UNITED STATES ATTORNEY
DefendantUNITED STATES DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [91]
Opinion/Order [147]
FOIA Project Annotation: Judge James Boasberg has ruled the IRS properly withheld 136 pages of interviews in a criminal investigation from Gregory Bartko under Exemption 7(C) (invasion of privacy concerning law enforcement records). Bartko, convicted of white-collar crimes, had submitted a request to the U.S. Postal Inspection Service for records pertaining to himself. USPIS had referred the 136 records to the IRS, which dealt with criminal investigations of third parties other than Bartko. As a result, the agency withheld them entirely under Exemption 6 (invasion of privacy) and Exemption 7(C). Finding the records were protected by Exemption 7(C), Boasberg noted that "even the mere acknowledgement of the existence of records relating to criminal investigations (let alone their contents) can constitute an invasion of privacy. This privacy interest is strongest where the individuals in question 'have been investigated but never publicly charged.'" He observed that "the IRS has thus placed a significant privacy weight on the scales." He pointed out that "to offset this weight, Bartko produces very little" except to argue that the records were relevant to his case. Boasberg indicated that "but relevance is not the test. The question under [the pertinent case law] is whether disclosure is necessary in the public interest to determine if the agency engaged in illegal activity. As Plaintiff does not even assay this hurdle, the Court cannot find he has surmounted it. In an ultimate balancing, something in the privacy bowl outweighs nothing in the public-interest bowl every time." Bartko also argued the IRS had failed to show why the records were not segregable. Boasberg noted that "the documents at issue are all memoranda of witness interviews. Since any disclosure of the identity of either the subject of the investigation or witnesses would be improper, it is highly unlikely that any material in these memoranda could be released without compromising such information."
Issues: Exemption 7(C) - Invasion of privacy concerning law enforcement records
Opinion/Order [179]
FOIA Project Annotation: In another round with Gregory Bartko, serving a 23-year sentence for securities fraud, and the Department of Justice, Judge James Boasberg has rejected Bartko's claim for a fee waiver. But in doing so, he has dealt with some issues that typically do not arise in such litigation and thus are not addressed very often in the case law. Bartko had made a request to DOJ's Office of Professional Responsibility for records pertaining to himself and his criminal case. He also requested a fee waiver. OPR identified 620 pages that were responsive to Bartko's request, all of which originated with EOUSA. OPR referred the 620 pages to EOUSA for direct response. After several months, Bartko filed a supplemental complaint, arguing EOUSA had failed to respond to his request and that he had constructively exhausted his administrative remedies. Two months later, EOUSA responded by producing 89 pages in full and 12 pages in part. One reason for the delay was apparently because the records had been misplaced or lost in transmission between OPR and EOUSA. While EOUSA's letter did not mention Bartko's fee waiver request, it told Bartko that the first 101 pages were free, but that an additional 519 pages would be subject to a payment of $51.90. Bartko filed an appeal with OIP disputing the fee assessment, which is still pending. In reviewing the parties' motions, Boasberg indicated that there were two issues�"the propriety of exemptions as to the 101 pages released, and EOUSA's fee assessment. Because Bartko admitted that the redactions made under Exemption 5 (privileges) were probably appropriate, Boasberg quickly ruled in favor of the agency on the exemption claims. Turning to the fee assessment, Boasberg noted that "the remaining 519 pages, however, represent more hotly contested territory." EOUSA claimed Bartko had failed to exhaust his administrative remedies and that, regardless, the agency's fee assessment was appropriate. Bartko argued that he had constructively exhausted his administrative remedies and Boasberg agreed. He observed that "Bartko's initial letter included a request both for documents and for a fee waiver. By the time he filed his Second Supplemental Complaint on December 16, 2014, more than two months had passed since OPR referred the 620 pages to EOUSA. EOUSA's failure to respond during that time means that Plaintiff has constructively exhausted his administrative remedies." Boasberg then explained exactly to what such a finding entitled Bartko. "Constructive exhaustion, it must be emphasized, does not entitle Bartko to free copies of the remaining documents. Rather, it allows him judicial review of his fee-waiver request without any requirement that he await the result of his administrative appeal. But the peculiar posture of the case also provided certain advantages to the agency. Boasberg pointed out that "in evaluating a fee-waiver claim courts generally do not consider arguments that an agency failed to make at the administrative level before the plaintiff brought suit. As another court in this district noted, however, that principle applies only when the plaintiff actually, and not constructively, exhausted his administrative remedies. Where a plaintiff constructively exhausts, an agency cannot be penalized for failing to make an argument in the administrative process that never took place. Because Plaintiff filed suit in reliance on a constructive-exhaustion theory, therefore, the Court is not barred from considering the agency's arguments made in this litigation, even though it did not raise these arguments in its initial denial of the fee waiver." Although Bartko had specifically indicated that he sought records to help him appeal his case, he argued that "the potential personal benefit from receiving the documents is inconsequential: 'The fact that those same records may assist [Plaintiff] in achieving exoneration from his conviction by supporting his habeas petition is of no great moment as long as there are public benefits to be gained as well.'" Boasberg observed, however, that "this disclaimer is unconvincing. As is evident from Plaintiff's filings, access to the records is 'crucial' precisely because he seeks evidence to support his habeas petition. While there may be incidental public-interest benefits to be gained, they are minimal in comparison to the unavoidably obvious personal purpose for which the records are sought. The Court, therefore, finds that Bartko has not established his entitlement to a 'public interest' fee waiver." While Bartko also argued that the agency had acted in bad faith, Boasberg noted that "it is less clear that an agency's bad faith excuses a requester from paying fees." Bartko accused the agency of trying "to frustrate him and to avoid releasing the requested documents in a timely manner." But Boasberg replied that "the Court fundamentally disagrees. EOUSA has thus far made reasonable efforts to comply with FOIA and to respond to Plaintiff's farrago of incendiary motions and correspondence." He pointed out that "to the extent Bartko complains of confusion in interpreting his letter, he himself bears substantial responsibility as he has inundated this Court and the responding Defendants with a truckload of lengthy motions, correspondence, and overlapping FOIA requests, all of which are difficult to keep straight." Bartko complained that the fee assessment itself was a sign of bad faith. Boasberg observed that "Bartko characterizes fees as mere 'technicalities,' but they are, in fact, required. Requiring Plaintiff to pay the assessed fees (absent a waiver)�"particularly in installments�"does not amount to bad faith."
Issues: Litigation - Jurisdiction - Failure to Exhaust, Public Interest Fee Waiver
Opinion/Order [199]
FOIA Project Annotation: Judge James Boasberg has ruled that the Justice Department's Office of Professional Responsibility properly withheld records about Assistant U.S. Attorney Clay Wheeler under Exemption 7(C) (invasion of privacy concerning law enforcement records) and Exemption 5 (privileges) from Gregory Bartko, who was convicted of securities fraud. Bartko sued the Justice Department trying to show prosecutorial misconduct on the part of Wheeler. Boasberg here considered only OPR's motion for summary judgment and began by explaining that there was a dispute about the universe of records covered by OPR's processing of Bartko's requests. Boasberg noted that one category included 114 pages of records reviewed by OPR, another category included 302 pages referred by OPR to EOUSA in one request, and a third category included 610 pages referred by OPR to EOUSA in another separate request. Boasberg found that only the 114 pages processed directly by OPR were in dispute in this case. After reviewing the 114 pages in camera, Boasberg agreed that Exemption 7(C) and Exemption 5 applied to all of them. Boasberg indicated that as a public official, Wheeler's privacy was slightly diminished. But he noted that "on the Goliath-sized totem pole of government bureaucracy, AUSA Wheeler falls between a staff-level career civil servant and a political appointee or senior manager. As Chief of the Economic Crimes Division of the USAO for the Eastern District of North Carolina, he presumably exercised some degree of supervisory authority greater than the ordinary line prosecutor. This authority, nonetheless, does not approach that exercised by political appointees or senior managers. To the extent that Wheeler generally possessed some degree of supervisory authority, moreover, his actions of issue were primarily taken in the capacity of a line prosecutor who tried Bartko's case. Choosing between the two ends of the supervisory spectrum, then, his job position is thus best classified�"for purposes of his privacy interests�"as a staff attorney. Having not been publicly charged with any crime, therefore, Wheeler maintains a significant privacy interest in not having the contents of an OPR investigation divulged to the public." After reviewing the records in camera, Boasberg observed that "the records contain absolutely no information [about prosecutorial misconduct], but rather pertain to OPR's evaluation of AUSA Wheeler's conduct, its handling of the Wheeler investigation, the sources of information it relied upon in conducting the investigation, and potential consequences of the investigation. None of these specific records would reveal much, if anything, about systemic prosecutorial misconduct such that any public interest in release would outweigh AUSA Wheeler's substantial privacy interests." Boasberg found OPR had properly invoked both the deliberative process privilege and the attorney work-product privilege to withhold records. Bartko argued the government misconduct exception applied, but Boasberg pointed out that "in camera review of the documents reveals that they 'do not reflect any governmental impropriety, but rather are part of the legitimate governmental process [conducted by OPR] intended to be protected by Exemption 5.'"
Issues: Exemption 5 - Privileges - Attorney work-product privilege, Exemption 5 - Privileges - Deliberative process privilege - Deliberative
Opinion/Order [240]
FOIA Project Annotation: Judge James Boasberg has ruled that the U.S. Postal Inspection Service has now shown that it conducted an adequate search for records concerning Gregory Bartko, a securities attorney and broker who was convicted of mail fraud and security-related charges, and that it properly withheld 238 pages under Exemption 6 (invasion of privacy), Exemption 7(C) (invasion of privacy concerning law enforcement records), and Exemption 7(D) (confidential sources). While Boasberg had previously found the agency's affidavits insufficient to justify its claims, this time, after conducting an in camera inspection, he upheld the agency's claims. Bartko argued the agency had not shown that it expanded on its search methodology. Boasberg pointed out that "in one sense, then, Bartko is correct; the agency has not altered its search methodology. It has, however, fully described that methodology in two affidavits and, most importantly, has incanted the 'magic words' concerning the adequacy of the search"namely, the assertion that USPIS searched all locations likely to contain responsive records." Bartko claimed the search was inadequate because he had uncovered emails and other records the agency had not disclosed. Boasberg indicated that "Bartko does not identify a particular database or set of records that he believes the agency has not, but should have, searched, so even if the emails and notes he points to were inadvertently overlooked, they do not evince an insufficient search." Bartko also complained that the agency had not searched for records about his co-conspirators and an Assistant U.S. Attorney who prosecuted the case. Boasberg noted that "[Bartko's request] expressly states that records must be related to Bartko's name or other identifier assigned to him. It does not mention anyone else. The plain language of the request"no matter how liberally construed"simply does not support Bartko's current position that the agency was required to search for files related to" his co-conspirators. Bartko contended there was a public interest in disclosure that outweighed any privacy interest, while the agency argued that Bartko's personal interest in the records vitiated any public interest. Boasberg indicated that "the mere fact that Bartko may also have a personal interest in the misconduct he believes plagued his criminal prosecution does not, standing alone, eliminate the public's general interest in uncovering patterns of prosecutorial misconduct." Boasberg noted, however, that "the privacy interests asserted outweigh any potential public interest that might be served by releasing the withheld materials." Boasberg rejected Bartko's claim that some records had already been made public. Boasberg observed that "absent specific identification of substantially identical records already released, the Court finds Plaintiff's public-domain argument does not alter the calculus that permits USPIS to withhold relevant records."
Issues: Adequacy - Search, Exemption 7(C) - Invasion of privacy concerning law enforcement records
Opinion/Order [261]
Opinion/Order [285]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2013-07-261COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE OFFICE PROFFESSIONAL RESPONSIBLITY, UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES POSTAL SERVICE, UNITED STATES SECURITIES AND EXCHANGE COMMISSION (Filing fee $ 0.00) filed by GREGORY BARTKO. (Attachments: # 1 Civil Cover Sheet)(zrj) (Entered: 07/26/2013)
2013-07-26Summons Issued (7) as to All Defendants. (zrj) (Entered: 07/26/2013)
2013-07-262MOTION for Leave to Proceed in forma pauperis by GREGORY BARTKO. (zrj) (Entered: 07/26/2013)
2013-07-263PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by GREGORY BARTKO. (zrj) (Entered: 07/26/2013)
2013-07-264MOTION for CM/ECF Password by GREGORY BARTKO. (zrj) (Entered: 07/26/2013)
2013-07-265ORDER directing an initial partial filing fee in the amount of $52.33 be made from Prison Account of GREGORY BARTKO; further ordered, granting 2 Motion for Leave to Proceed in forma pauperis (See Order for full details). Signed by Judge Emmet G. Sullivan on 7/20/13. (zrj) (Entered: 07/26/2013)
2013-07-26SUMMONS ISSUED (6) as to UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE OFFICE PROFESSIONAL RESPONSIBILITY, UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES POSTAL SERVICE, UNITED STATES SECURITIES AND EXCHANGE COMMISSION, U.S. Attorney and U.S. Attorney General (md, ) (Entered: 08/29/2013)
2013-07-31MINUTE ORDER granting 4 Motion for CM/ECF Password subject to Mr. Bartko's completion of CM/ECF Training as required by the Clerk of the Court. Signed by Judge James E. Boasberg on 7/31/13. (lcjeb4) (Entered: 07/31/2013)
2013-08-026RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/31/2013. Answer due for ALL FEDERAL DEFENDANTS by 8/30/2013. (td, ) (Entered: 08/05/2013)
2013-08-087RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 8/6/2013; UNITED STATES DEPARTMENT OF JUSTICE OFFICE PROFESSIONAL RESPONSIBILITY served on 8/6/2013; UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION served on 8/6/2013; UNITED STATES POSTAL SERVICE served on 8/7/2013, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/6/2013. (rdj) (Entered: 08/09/2013)
2013-08-138NOTICE of Appearance by Claire M. Whitaker on behalf of UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE OFFICE PROFESSIONAL RESPONSIBILITY, UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES POSTAL SERVICE, UNITED STATES SECURITIES AND EXCHANGE COMMISSION (Whitaker, Claire) (Entered: 08/13/2013)
2013-08-229RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES SECURITIES AND EXCHANGE COMMISSION served on 8/12/2013 (rdj) (Entered: 08/23/2013)
2013-08-2610MOTION for Extension of Time to File Answer re 1 Complaint, (to September 30, 2013) by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE OFFICE PROFESSIONAL RESPONSIBILITY, UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES POSTAL SERVICE, UNITED STATES SECURITIES AND EXCHANGE COMMISSION (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 08/26/2013)
2013-08-26MINUTE ORDER granting 10 Motion for Extension of Time to Answer. The Court ORDERS that Defendants shall answer or otherwise respond to Plaintiffs' Complaint on or before September 30, 2013. Signed by Judge James E. Boasberg on 8/26/13. (lcjeb1) (Entered: 08/26/2013)
2013-08-26Set/Reset Deadline: Defendants shall answer or otherwise respond to Plaintiffs' Complaint on or before 9/30/2013. (ad) (Entered: 08/26/2013)
2013-09-3011MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE OFFICE PROFESSIONAL RESPONSIBILITY, UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES POSTAL INSPECTION SERVICE, UNITED STATES SECURITIES AND EXCHANGE COMMISSION (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 09/30/2013)
2013-09-30MINUTE ORDER granting 11 Motion for Extension of Time to Answer. Defendants shall have to and including one-week after the possible shutdown of the Federal Government on September 30, 2013, to file an answer in this Freedom of Information Act (FOIA) case. Should the shutdown not occur, Defendants' answer will be due on October 7, 2013. Signed by Judge James E. Boasberg on 09/30/2013. (lcjeb4) (Entered: 09/30/2013)
2013-10-01Set/Reset Deadlines: Answer to the Complaint due by 10/7/2013 if the shutdown does not occur. (tg, ) Modified on 10/1/2013 (tg, ). (Entered: 10/01/2013)
2013-10-2412Consent MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE OFFICE PROFESSIONAL RESPONSIBILITY, UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES POSTAL INSPECTION SERVICE, UNITED STATES SECURITIES AND EXCHANGE COMMISSION (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 10/24/2013)
2013-10-24MINUTE ORDER granting 12 Consent Motion for Extension of Time to File. The Court ORDERS that Defendants shall file their answer on or before November 12, 2013. Signed by Judge James E. Boasberg on 10/24/2013. (lcjeb4) (Entered: 10/24/2013)
2013-10-24Set/Reset Deadline: Defendants shall file their answer on or before 11/12/2013. (ad) (Entered: 10/24/2013)
2013-11-0213MOTION to Join Additional Parties-Defendant by GREGORY BARTKO (Attachments: # 1 Text of Proposed Order Proposed Order To Join Additional Parties-Defendant)(BARTKO, GREGORY) Modified on 11/4/2013 (jf, ). (Entered: 11/02/2013)
2013-11-1214ANSWER to Complaint by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE OFFICE PROFESSIONAL RESPONSIBILITY, UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES POSTAL INSPECTION SERVICE, UNITED STATES SECURITIES AND EXCHANGE COMMISSION.(Whitaker, Claire) (Entered: 11/12/2013)
2013-11-13MINUTE ORDER: Plaintiff and Defendants are each ORDERED to submit a proposed briefing schedule on or before 12/4/2013. Signed by Judge James E. Boasberg on 11/13/2013. (lcjeb4) (Entered: 11/13/2013)
2013-11-13Set/Reset Deadline: Plaintiff and Defendants shall submit a proposed briefing schedule on or before 12/4/2013. (dr) (Entered: 11/13/2013)
2013-11-2015ORDER granting 13 Motion to Amend the Complaint. Pursuant to Plaintiff's unopposed Motion, which the Court treats as a Motion for Leave to Amend the Complaint, the Court ORDERS that: (1) Plaintiff's Motion is GRANTED; and (2) He may file an amended complaint on or before December 11, 2013. Signed by Judge James E. Boasberg on 11/20/2013. (lcjeb4) (Entered: 11/20/2013)
2013-11-20Set/Reset Deadline: Plaintiff may file an amended complaint on or before 12/11/2013. (ad) (Entered: 11/20/2013)
2013-11-2616AMENDED COMPLAINT First Amended and Restated Complaint against UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE OFFICE PROFESSIONAL RESPONSIBILITY, UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES POSTAL INSPECTION SERVICE, UNITED STATES SECURITIES AND EXCHANGE COMMISSION, UNITED STATES DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, UNITED STATES DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE. (Attachments: # 1 Exhibit Exh 14G Partial Appellate Opinion, # 2 Exhibit Exh 40D Letter from Mr. Humes dtd 02122012, # 3 Exhibit Exh 46C Letter to Ms. Lynn Hardy dtd 07292013, # 4 Exhibit Exh 49 FOIA DOJ Request dtd 03012012, # 5 Exhibit Exh 50 DOJ Notice of Referral dtd 02202013, # 6 Exhibit Exh 66A1 Letter from Mr Hardy dtd 08012013, # 7 Exhibit Exh 66A2 Letter from Mr. Hardy dtd 09302013, # 8 Exhibit Exh 66A3 Letter fom Mr Hardy dtd 11012013, # 9 Exhibit Exh 66E Redacted and unredacted FBI 302, # 10 Exhibit Exh 66F Redacted and unredacted FBI 302, # 11 Exhibit Exh 66G redacted and unredacted FBI 302)(BARTKO, GREGORY) (Entered: 11/26/2013)
2013-12-0217MOTION for Briefing Schedule Plaintiff's Proposed Briefing Schedule by GREGORY BARTKO (BARTKO, GREGORY) (Entered: 12/02/2013)
2013-12-0418MOTION for Extension of Time to Extend Due Date for Briefing Schedule by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE OFFICE PROFESSIONAL RESPONSIBILITY, UNITED STATES DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE, UNITED STATES POSTAL INSPECTION SERVICE, UNITED STATES SECURITIES AND EXCHANGE COMMISSION (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 12/04/2013)
2013-12-0419Memorandum in opposition to re 17 MOTION for Briefing Schedule Plaintiff's Proposed Briefing Schedule filed by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE OFFICE PROFESSIONAL RESPONSIBILITY, UNITED STATES DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE, UNITED STATES POSTAL INSPECTION SERVICE, UNITED STATES SECURITIES AND EXCHANGE COMMISSION. (Whitaker, Claire) (Entered: 12/04/2013)
2013-12-05MINUTE ORDER granting 18 Motion for Extension of Time. It is hereby ORDERED that Defendants' Motion to Extend the Time to File a Proposed Briefing Schedule is GRANTED and it is further ORDERED that the deadline for filing a proposed briefing schedule be extended up to and including December 30, 2013. In the interim, Plaintiff Bartko's Motion for a Briefing Schedule will be held in abeyance. Signed by Judge James E. Boasberg on 12/5/2013. (lcjeb4) (Entered: 12/05/2013)
2013-12-05Set/Reset Deadline: Defendant's proposed briefing scheduled is extended up to and including 12/30/2013. (ad) Modified on 12/6/2013 to correct the filing due date (ad). (Entered: 12/05/2013)
2013-12-0920MOTION for Extension of Time to File Answer re 16 Amended Complaint,,,, by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE OFFICE PROFESSIONAL RESPONSIBILITY, UNITED STATES DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE OF UNITED STATES ATTORNEY, UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE, UNITED STATES POSTAL INSPECTION SERVICE, UNITED STATES SECURITIES AND EXCHANGE COMMISSION (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 12/09/2013)
2013-12-09MINUTE ORDER granting 20 Motion for Extension of Time to Answer. It is hereby ORDERED that the Motion for Extension of Time is GRANTED. Defendants shall have up to and including December 12, 2013, to file their answer to the Amended Complaint in this case. Signed by Judge James E. Boasberg on 12/9/2013. (lcjeb4) (Entered: 12/09/2013)
2013-12-11Set/Reset Deadline: Defendants shall have up to and including 12/12/2013, to file their answer to the Amended Complaint in this case. (ad) (Entered: 12/11/2013)
2013-12-1221Consent MOTION for Extension of Time to File Answer (Amended) by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE OFFICE PROFESSIONAL RESPONSIBILITY, UNITED STATES DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE OF UNITED STATES ATTORNEY, UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE, UNITED STATES POSTAL INSPECTION SERVICE, UNITED STATES SECURITIES AND EXCHANGE COMMISSION (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 12/12/2013)
2013-12-13MINUTE ORDER granting 21 Motion for Extension of Time to Answer. It is hereby ORDERED that said motion is granted. Defendants shall have to and including December 26, 2013, to file their answer to the Amended Complaint in this case. Signed by Judge James E. Boasberg on 12/13/2013. (lcjeb4) (Entered: 12/13/2013)
2013-12-13Set/Reset Deadlines: Answer to the Amended Complaint due by 12/26/2013. (tg, ) (Entered: 12/13/2013)
2013-12-2622ANSWER to 16 Amended Complaint,,,, by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE OFFICE PROFESSIONAL RESPONSIBILITY, UNITED STATES DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE OF UNITED STATES ATTORNEY, UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE, UNITED STATES POSTAL INSPECTION SERVICE, UNITED STATES SECURITIES AND EXCHANGE COMMISSION. Related document: 16 Amended Complaint,,,,.(Whitaker, Claire) (Entered: 12/26/2013)
2013-12-2923MOTION to Expedite Release of Responsive Records and Require Submission of Vaughn Index with Memorandum of Law in Support Thereof by GREGORY BARTKO (BARTKO, GREGORY) (Entered: 12/29/2013)
2013-12-3024NOTICE (Defendant's Proposed Briefing Schedule) by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE OFFICE PROFESSIONAL RESPONSIBILITY, UNITED STATES DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE OF UNITED STATES ATTORNEY, UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE, UNITED STATES POSTAL INSPECTION SERVICE, UNITED STATES SECURITIES AND EXCHANGE COMMISSION re Order on Motion for Extension of Time to, (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 12/30/2013)
2014-01-02MINUTE ORDER denying 23 Motion to Expedite; denying 17 Motion for Briefing Schedule; and setting schedule for further filings. The Court ORDERS that: 1) The Government's Motion for Summary Judgment on behalf of OPR, EOUSA (relating to documents referred by USPIS), and FBI shall be due February 14, 2014, Plaintiff's Opposition (and Cross-Motion, should he file one) shall be due on March 7, 2014, and the Government's Reply shall be due on March 17, 2014; 2) The Government's Motion for Summary Judgment on behalf of USPIS, SEC, EOUSA (relating to direct request received on September 26, 2013), and IRS shall be due on April 30, 2014, Plaintiff's Opposition (and Cross-Motion, should he file one) shall be due on May 21, 2014, and the Government's Reply shall be due on May 30, 2014; 3) Plaintiff's Motion for Briefing Schedule (ECF No. 17 ) is DENIED as moot; and 4) Plaintiff's Motion to Expedite (ECF No. 23 ) is DENIED. Signed by Judge James E. Boasberg on 1/2/2014.(lcjeb4) (Entered: 01/02/2014)
2014-01-02Set/Reset Deadlines: The Government's Motion for Summary Judgment on behalf of OPR, EOUSA (relating to documents referred by USPIS), and FBI shall be due 2/14/2014, Plaintiff's Opposition (and Cross-Motion, should he file one) shall be due on 3/07/2014, and the Government's Reply shall be due on 3/17/2014; 2) The Government's Motion for Summary Judgment on behalf of USPIS, SEC, EOUSA (relating to direct request received on September 26, 2013), and IRS shall be due on 4/30/2014, Plaintiff's Opposition (and Cross-Motion, should he file one) shall be due on 5/21/2014, and the Government's Reply shall be due on 5/30/2014. (ad) (Entered: 01/02/2014)
2014-02-1125MOTION for Extension of Time to /Extend/Modify Briefing Schedule by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE OFFICE PROFESSIONAL RESPONSIBILITY, UNITED STATES DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE OF UNITED STATES ATTORNEY, UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE, UNITED STATES POSTAL INSPECTION SERVICE, UNITED STATES SECURITIES AND EXCHANGE COMMISSION (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 02/11/2014)
2014-02-1226RESPONSE re 25 MOTION for Extension of Time to /Extend/Modify Briefing Schedule Response and Objections to Defendants' Motion to Extend or Modify Briefing Schedule filed by GREGORY BARTKO. (BARTKO, GREGORY) (Entered: 02/12/2014)
2014-02-1227MOTION to Dismiss on mootness grounds by UNITED STATES DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE OF UNITED STATES ATTORNEY (Attachments: # 1 Declaration of Kathleen Brandon, # 2 Text of Proposed Order)(Whitaker, Claire) (Entered: 02/12/2014)
2014-02-14MINUTE ORDER granting 25 Motion for Extension of Time. It is hereby ORDERED, upon consideration of the briefs filed, that the Motion is GRANTED. It is FURTHER ORDERED that the Schedule set forth in this Court's Minute Order of January 2, 2014, is modified as follows: (1) Motion(s) for Summary Judgment on behalf of OPR and FBI shall be due on March 17, 2014, the opposition (and cross motion, should Plaintiff file one) shall be due on April 24, 2014, and the Government's reply shall be due on May 1, 2014. However, (2) The existing due dates for motion(s) for summary judgment on behalf of USPIS, SEC and EOUSA (relating to direct request received on September 26, 2013) and IRS remain unchanged, i.e., motion(s) shall be due on April 30, 2014, oppositions (and cross motion, should Plaintiff file one) shall be due on May 21, 2014, and the Government's reply shall be due on May 30, 2014. Signed by Judge James E. Boasberg on 2/14/2014. (lcjeb4) (Entered: 02/14/2014)
2014-02-1428ORDER directing Plaintiff to respond to 27 Defendant Executive Office for United States Attorneys' Motion to Dismiss on Mootness Grounds no later than March 7, 2014. Signed by Judge James E. Boasberg on 2/14/2014. (lcjeb4) (Entered: 02/14/2014)
2014-02-14Set/Reset Deadlines: Motion(s) for Summary Judgment on behalf of OPR and FBI shall be due on 3/17/2014, the opposition (and cross motion, should Plaintiff file one) shall be due on 4/24/2014, and the Government's reply shall be due on 5/01/2014. The existing due dates for motion(s) for summary judgment on behalf of USPIS, SEC and EOUSA (relating to direct request received on9/26/2013) and IRS remain unchanged, i.e., motion(s) shall be due on 4/30/2014, oppositions (and cross motion, should Plaintiff file one) shall be due on 5/21/2014, and the Government's reply shall be due on 5/30/2014. (ad) (Entered: 02/14/2014)
2014-02-14Set/Reset Deadline: Plaintiff to respond to 27 Defendant Executive Office for United States Attorneys' Motion to Dismiss on Mootness Grounds no later than 3/07/2014. (ad) (Entered: 02/14/2014)
2014-02-2729RESPONSE re 27 MOTION to Dismiss on mootness grounds Response and Memorandum in Opposition to Motion to Dismiss Claim on Mootness Grounds filed by GREGORY BARTKO. (Attachments: # 1 Exhibit FOIA Request dated 1/7/2013, # 2 Exhibit 1/15/2013 letter from USPIS, # 3 Exhibit 3/14/2013 letter from USPIS)(BARTKO, GREGORY) (Entered: 02/27/2014)
2014-03-1030REPLY to opposition to motion re 27 MOTION to Dismiss on mootness grounds filed by UNITED STATES DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE OF UNITED STATES ATTORNEY. (Whitaker, Claire) (Entered: 03/10/2014)
2014-03-12MINUTE ORDER: As proposed by both Plaintiff and Defendant Executive Office for United States Attorneys, the Court ORDERS that: 1) Defendant's Motion to Dismiss (ECF No. 27 ) will be held in abeyance; and 2) Defendant shall provide the Court with a status report on its review of the relevant records by March 31, 2014. Signed by Judge James E. Boasberg on 3/12/2014. (lcjeb4) (Entered: 03/12/2014)
2014-03-12Set/Reset Deadline: The Defendant shall provide the Court with a status report on its review of the relevant records by 3/31/2014. (ad) (Entered: 03/12/2014)
2014-03-1431MOTION for Extension of Time to file motions for summary judgment by UNITED STATES DEPARTMENT OF JUSTICE OFFICE PROFESSIONAL RESPONSIBILITY, UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 03/14/2014)
2014-03-1632RESPONSE re 31 MOTION for Extension of Time to file motions for summary judgment Response to Motion to Extend/Modify Briefing Schedule filed by GREGORY BARTKO. (Attachments: # 1 Exhibit 10232013 Letter to Mr. Hardy)(BARTKO, GREGORY) (Entered: 03/16/2014)
2014-03-17MINUTE ORDER granting 31 Motion for Extension of Time. Upon consideration of the Motion, it is hereby ORDERED that the due date for Defendant U.S Department of Justice's dispositive motions on behalf of the Federal Bureau of Investigation and the Executive Office of United States Attorneys is extended up to and including March 31, 2014. Signed by Judge James E. Boasberg on 3/17/2014. (lcjeb4) (Entered: 03/17/2014)
2014-03-18Set/Reset Deadline: The due date for Defendant U.S Department of Justice's dispositive motions on behalf of the Federal Bureau of Investigation and the Executive Office of United States Attorneys is extended up to and including 3/31/2014. (ad) (Entered: 03/18/2014)
2014-03-3133MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE OFFICE PROFESSIONAL RESPONSIBILITY, UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Barnett Declaration with Exhibits, # 2 Hardy Declaration with Exhibits, except Exh. Y, # 3 Statement of Facts, # 4 Text of Proposed Order)(Whitaker, Claire) (Entered: 03/31/2014)
2014-03-3134MOTION for Leave to File Under Seal (CD Conbtaining FBI Documents Under Seal (See Hardy Declaration, Ex. Y) by UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 03/31/2014)
2014-03-3135STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Whitaker, Claire) (Entered: 03/31/2014)
2014-04-01MINUTE ORDER granting 34 Motion for Leave to File Under Seal. The Court ORDERS that the Government's Motion for Leave to File Under Seal is GRANTED, provided that, if Plaintiff wishes to waive his privacy interest, he may file a pleading by May 1, 2014, stating that he wishes all or a portion of the documents to be unsealed. Signed by Judge James E. Boasberg on 4/1/2014. (lcjeb4) (Entered: 04/01/2014)
2014-04-01Set/Reset Deadlines: Plaintiff's waiver of privacy due by 5/1/2014. (tg, ) (Entered: 04/01/2014)
2014-04-0236ORDER directing Plaintiff to respond to 33 Defendants Office of Professional Responsibility and Federal Bureau of Investigation's Motion for Summary Judgment no later than April 21, 2014. Signed by Judge James E. Boasberg on 4/2/2014. (lcjeb4) (Entered: 04/02/2014)
2014-04-03Set/Reset Deadline: Plaintiff to respond to 33 Defendants Office of Professional Responsibility and Federal Bureau of Investigation's Motion for Summary Judgment no later than 4/21/2014. (ad) (Entered: 04/03/2014)
2014-04-0337NOTICE (Defendant's Notice of Filing Under Seal) by UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION re Order on Motion for Leave to File, 33 MOTION for Summary Judgment (Whitaker, Claire) (Entered: 04/03/2014)
2014-04-0338SEALED DOCUMENT filed by UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION re Order on Motion for Leave to File, 33 MOTION for Summary Judgment (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit Y)(Whitaker, Claire) (Entered: 04/03/2014)
2014-04-0339STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE OF UNITED STATES ATTORNEY. (Whitaker, Claire) (Entered: 04/03/2014)
2014-04-1740STRICKEN PURSUANT TO MINUET ORDER ENTERED 4/17/14. . . . . REPLY to opposition to motion re 33 MOTION for Summary Judgment Plaintiff's Memorandum of Points and Authorities in Support of Combined Cross-Motion for Partial Summary Judgment and in Opposition to Defendants' Motions for Partial Summary Judgment filed by GREGORY BARTKO. (Attachments: # 1 Exhibit Exhibits 3,5,7,33,35a,35b, # 2 Exhibit Exhibits 42,44,79,80, # 3 Exhibit Exhibits 82,83,86,88,93,94)(BARTKO, GREGORY) Modified on 4/17/2014 (td, ). (Entered: 04/17/2014)
2014-04-1741MOTION for Summary Judgment Plaintiff's Combined Cross-Motion for Partial Summary Judgment and Opposition to the OPR's and FBI's Motions for Partial Summary Judgment by GREGORY BARTKO (BARTKO, GREGORY) Modified event on 4/17/2014 (td, ). (Entered: 04/17/2014)
2014-04-17MINUTE ORDER: Plaintiff's Memorandum of Points and Authorities in Support of Combined Cross-Motion for Partial Summary Judgment and in Opposition to Defendants' Motions for Partial Summary Judgment (ECF No. 40 ) is hereby STRICKEN as exceeding the permitted page limits in Local Civil Rule 7(e). Signed by Judge James E. Boasberg on 4/17/2014. (lcjeb4) (Entered: 04/17/2014)
2014-04-1742Memorandum in opposition to re 33 MOTION for Summary Judgment filed by GREGORY BARTKO; (See docket entry no. 41 to view document) (td, ) (Entered: 04/17/2014)
2014-04-1843Memorandum in opposition to re 33 MOTION for Summary Judgment Plaintiff's Memorandum of Points and Authorities in Support of Combined Cross-Motion for Partial Summary Judgment and in Opposition to Defendants' Motions for Partial Summary Judgment filed by GREGORY BARTKO. (Attachments: # 1 Exhibit Exhibits 3,5,7,33,35a,35b, # 2 Exhibit Exhibits 42,44,79,80, # 3 Exhibit Exhibits 82,83,86,88,93,94)(BARTKO, GREGORY) (Entered: 04/18/2014)
2014-04-2844RESPONSE TO ORDER OF THE COURT re Order on Motion for Leave to File, Notice of Waiver of Privacy Interest filed by GREGORY BARTKO. (BARTKO, GREGORY) (Entered: 04/28/2014)
2014-04-2845MOTION for Partial Summary Judgment Against the EOUSA, or Alternatively, To Stay Imposition of Search Fees Imposed in FOIA Request No. 2014-00486 by GREGORY BARTKO (Attachments: # 1 Exhibit Statement of Undisputed Facts Against EOUSA, # 2 Exhibit Exhibits to Statement of Undisputed Facts Against EOUSA)(BARTKO, GREGORY). Added MOTION for Order on 4/29/2014 (td, ). (Entered: 04/28/2014)
2014-04-2846MEMORANDUM re 45 MOTION for Partial Summary Judgment Against the EOUSA, or Alternatively, To Stay Imposition of Search Fees Imposed in FOIA Request No. 2014-00486 filed by GREGORY BARTKO by GREGORY BARTKO. (BARTKO, GREGORY) (Entered: 04/28/2014)
2014-04-2847MOTION for Extension of Time to File Response/Reply to Plaintiff Opposition to Defendants' Motion for Summary Judgment pertaining to the OPR and FBI and Plaintiff's Cross Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE OFFICE PROFESSIONAL RESPONSIBILITY, UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 04/28/2014)
2014-04-29MINUTE ORDER granting 47 Motion for Extension of Time to File Response/Reply. It is hereby ORDERED that the due date for Defendants' Reply to Plaintiff's Opposition to Defendants' Motion for Summary Judgment pertaining to OPR and FBI (ECF No. 42), and Plaintiff's Cross Motion for Summary Judgment pertaining to the same entities (ECF No. 43), is extended to May 5, 2014. Signed by Judge James E. Boasberg on 4/29/2014. (lcjeb4) (Entered: 04/29/2014)
2014-04-29Set/Reset Deadline: The due date for Defendants' Reply to Plaintiff's Opposition to Defendants' Motion for Summary Judgment pertaining to OPR and FBI (ECF No. 42), and Plaintiff's Cross Motion for Summary Judgment pertaining to the same entities (ECF No. 43), is extended to 5/05/2014. (ad) (Entered: 04/29/2014)
2014-04-29NOTICE OF ERROR re 46 Memorandum; emailed to gjbt@etcmail.com, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. The Memorandum and Motion should be filed as one document on future filings. (td, ) (Entered: 04/29/2014)
2014-04-3048MOTION for Extension of Time to file dispositive motions on behalf of EOUSA, IRS, USPIS, and SEC by UNITED STATES DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE OF UNITED STATES ATTORNEY, UNITED STATES DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE, UNITED STATES POSTAL INSPECTION SERVICE, UNITED STATES SECURITIES AND EXCHANGE COMMISSION (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 04/30/2014)
2014-05-01MINUTE ORDER granting 48 Motion for Extension of Time. It is hereby ORDERED that the due date for Defendants' Final Motion for Summary Judgment addressing Plaintiff's claims against the EOUSA, USPIS, SEC, and IRS be extended up to and including May 21, 2014. Signed by Judge James E. Boasberg on 5/1/2014. (lcjeb4) (Entered: 05/01/2014)
2014-05-01Set/Reset Deadline: Defendants' Final Motion for Summary Judgment addressing Plaintiff's claims against the EOUSA, USPIS, SEC, and IRS shall be extended up to and including 5/21/2014. (ad) (Entered: 05/01/2014)
2014-05-0549MOTION for Extension of Time to File Response/Reply to Plaintiff's Opposition to Defendant's Partial Motion for Summary Judgment and Plaintiff's Cross Motion relating to OPR and FBI records (ECF Nos. 33, 41 & 43) by UNITED STATES DEPARTMENT OF JUSTICE OFFICE PROFESSIONAL RESPONSIBILITY, UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Supplemental Declaration of David Hardy)(Whitaker, Claire) (Entered: 05/05/2014)
2014-05-06MINUTE ORDER granting 49 Motion for Extension of Time to File Response/Reply. Upon consideration of Defendants' Motion, it is hereby ORDERED that the Motion is GRANTED; it is further ORDERED that the Federal Bureau of Investigation shall have up to and including May 29, 2014, to either complete briefing in this case or file a status report and proposed new briefing schedule; and it is further ORDERED that the Office of Professional Responsibility shall have up to and including May 14, 2014, to file its reply and opposition to Plaintiff's Opposition to Defendant's Partial Motion forSummary Judgment and Cross Motion for Partial Summary Judgment (ECF Nos. 41 , 43 ). Signed by Judge James E. Boasberg on 5/6/2014. (lcjeb4) (Entered: 05/06/2014)
2014-05-06Set/Reset Deadlines: The Federal Bureau of Investigation shall have up to and including 5/29/2014, to either complete briefing in this case or file a status report and proposed new briefing schedule; and the Office of Professional Responsibility shall have up to and including 5/14/2014, to file its reply and opposition to Plaintiff's Opposition to Defendant's Partial Motion for Summary Judgment and Cross Motion for Partial Summary Judgment (ECF Nos. 41 , 43 ). (ad) (Entered: 05/06/2014)
2014-05-0750NOTICE OF FILING REDACTED DOCUMENT to 33 MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE OFFICE PROFESSIONAL RESPONSIBILITY, UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (The original PDF Document contained privacy information and was restricted pursuant to the E-Government Act.) (Attachments: # 1 Affidavit Barnett Declaration with Exhibits, # 2 Affidavit Hardy Declaration with Exhibits, except Exh. Y)(Whitaker, Claire) (Entered: 05/07/2014)
2014-05-1451MOTION for Partial Summary Judgment As TO The Defendant DOJ and the OPR Relating to Plaintiff's March 1, 2012 FOIA Request by GREGORY BARTKO (Attachments: # 1 Statement of Facts Plaintiff's Statement of Undisputed Material Facts in Support of Motion for Partial Summary Judgment against the DOJ and OPR, # 2 Exhibit FOIA request to DOJ dated March 1,2012, # 3 Declaration G Bartko-Thomas' declaration, # 4 Exhibit DOJ response of March 23, 2012 with referral slip, # 5 Exhibit March 28, 2012 response by Antitrust Division, # 6 Exhibit DOJ response dated February 20, 2013, # 7 Exhibit Bartko July 29, 2013 letter to Hardy of OPR)(BARTKO, GREGORY) (Entered: 05/14/2014)
2014-05-1452REPLY to opposition to motion 33 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE OFFICE PROFESSIONAL RESPONSIBILITY. (Attachments: # 1 Attachment 1 - Second Barnett Declaration, # 2 Attachment 2 - OPR response letter of July 12, 2013, # 3 Statement of Facts, # 4 Text of Proposed Order)(Whitaker, Claire) Modified to delete incorrect linkage per counsel on 5/15/2014 (td, ). (Entered: 05/14/2014)
2014-05-1453ENTERED IN ERROR. . . .Memorandum in opposition to re 41 MOTION for Partial Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE OFFICE PROFESSIONAL RESPONSIBILITY. (Whitaker, Claire) Modified on 5/16/2014 (td, ). (Entered: 05/14/2014)
2014-05-15NOTICE OF ERROR re 53 Memorandum in Opposition; emailed to claire.whitaker@usdoj.gov, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. The document should refer to docket entry no. 52 and not 53. (td, ) (Entered: 05/15/2014)
2014-05-1554Memorandum in opposition to re 41 MOTION for Partial Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE OFFICE PROFESSIONAL RESPONSIBILITY. (Whitaker, Claire) (Entered: 05/15/2014)
2014-05-1555MOTION for Extension of Time to file Defendant's Motion for Summary Judgment on behalf of EOUSA , MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion for Summary Judgment re EOUSA (ECF No. 45) by UNITED STATES DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE OF UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 05/15/2014)
2014-05-16MINUTE ORDER granting 55 Motion for Extension of Time to file Motion for Summary Judgment; and granting 55 Motion for Extension of Time to File Response/Reply. Upon consideration of Defendants' Motion, it is hereby ORDERED that the Motion is GRANTED; it is further ORDERED that the due date for Defendant's Motion for Partial Summary Judgment on behalf of the Executive Office for U.S. Attorneys (EOUSA), and Defendant's Opposition to Plaintiff's Motion for Partial Summary Judgment Against the EOUSA (ECF No. 45 ), be extended to June 13, 2014. Signed by Judge James E. Boasberg on 5/16/2014. (lcjeb4) (Entered: 05/16/2014)
2014-05-16Set/Reset Deadlines: Defendant's Partial Summary Judgment motion on behalf of EOUSA, and Opposition to Plaintiff's Motion for Partial Summary Judgment against of EOUSA due by 6/13/2014. (tg, ) (Entered: 05/16/2014)
2014-05-1956MOTION for Extension of Time to file partial motion for summary judgment to May 23, 2014 by UNITED STATES DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE, UNITED STATES POSTAL INSPECTION SERVICE, UNITED STATES SECURITIES AND EXCHANGE COMMISSION (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 05/19/2014)
2014-05-19MINUTE ORDER granting 56 Motion for Extension of Time. Upon consideration of the Motion, it is hereby ORDERED that the Motion is GRANTED; the due date for Defendants' Final Motion for Summary Judgment addressing Plaintiff's claims against the USPIS, SEC, and IRS is extended up to and including May 23, 2014. Signed by Judge James E. Boasberg on 5/19/2014. (lcjeb4) (Entered: 05/19/2014)
2014-05-20Set/Reset Deadline: The due date for Defendants' Final Motion for Summary Judgment addressing Plaintiff's claims against the USPIS, SEC, and IRS is extended up to and including 5/23/2014. (ad) (Entered: 05/20/2014)
2014-05-2157Memorandum in opposition to re 41 MOTION for Summary Judgment Plaintiff's reply to Opposition to Plaintiff's Cross-Motion for Partial Summary Judgment Against the Defendant, Office of Professional Responsibility filed by GREGORY BARTKO. (BARTKO, GREGORY) Modified to correct linkage on 5/22/2014 (td, ). (Entered: 05/21/2014)
2014-05-2358MOTION for Partial Summary Judgment by UNITED STATES DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE, UNITED STATES POSTAL INSPECTION SERVICE (Attachments: # 1 Attachment 1 - Declaration of Kimberly Williams (USPIS), # 2 Attacment 2 - Declaration of Michael Franklin (IRS), # 3 Statement of Facts, # 4 Text of Proposed Order)(Whitaker, Claire) (Entered: 05/23/2014)
2014-05-2359MOTION for Extension of Time to file Partial Motion for Summary Judgment by UNITED STATES SECURITIES AND EXCHANGE COMMISSION (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 05/23/2014)
2014-05-27MINUTE ORDER granting 59 Motion for Extension of Time. Upon consideration of Defendant's Motion, it is hereby ORDERED that the motion is GRANTED. Defendant has up to and including June 10, 2014, to file a Motion for Partial Judgment on behalf of the Securities and Exchange Commission. Signed by Judge James E. Boasberg on 5/27/2014. (lcjeb4) (Entered: 05/27/2014)
2014-05-27Set/Reset Deadlines: Defendant has up to and including 6/10/2014, to file a Motion for Partial Judgment on behalf of the Securities and Exchange Commission. (ad) (Entered: 05/27/2014)
2014-05-2960STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 05/29/2014)
2014-05-2961NOTICE (Proposed Briefing Schedule of Federal Bureau of Investigation (FBI)) by UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION re 60 Status Report (Whitaker, Claire) (Entered: 05/29/2014)
2014-05-29MINUTE ORDER: Upon consideration of the Government's 60 Status Report, it is hereby ORDERED that the FBI shall file its reply to Plaintiff's Opposition to its Partial Motion for Summary Judgment and Opposition to Plaintiff's Cross Motion for Partial Summary Judgment on or before June 10, 2014, and that Plaintiff has up to and including June 24, 2014, to file a reply to the FBI's Opposition to his Cross Motion. Signed by Judge James E. Boasberg on 5/29/2014. (lcjeb4) Modified on 5/29/2014 to include the word "Minute Order" (ad). (Entered: 05/29/2014)
2014-05-29Set/Reset Deadlines: The FBI shall file its reply to Plaintiff's Opposition to its Partial Motion for Summary Judgment and Opposition to Plaintiff's Cross Motion for Partial Summary Judgment on or before 6/10/2014, and that Plaintiff has up to and including 6/24/2014, to file a reply to the FBI's Opposition to his Cross Motion. (ad) (Entered: 05/29/2014)
2014-05-2962MOTION for Partial Summary Judgment Plaintiff's Motion for Partial Summary Judgment as to the Defendant, US Securities and Exchange Commission by GREGORY BARTKO (Attachments: # 1 Statement of Facts Plaintiff's Statement of Undisputed material facts in Support of Motion for Partial Summary Judgment Against US SEC, # 2 Exhibit Exhibits 1,2a,2b,5,6,7,8,10a,10b,11,17,27,28 Described in Plaintiff's Statement of Facts)(BARTKO, GREGORY) (Entered: 05/29/2014)
2014-05-30NOTICE OF ERROR re 62 Motion for Partial Summary Judgment; emailed to gjbt@etcmail.com, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Make exhibits darker & refile only the exhibits. Use Errata Event. Main doc must have case info. (td, ) (Entered: 05/30/2014)
2014-05-3063ERRATA To refile readable exhibits by GREGORY BARTKO 62 MOTION for Partial Summary Judgment Plaintiff's Motion for Partial Summary Judgment as to the Defendant, US Securities and Exchange Commission filed by GREGORY BARTKO. (Attachments: # 1 Errata Exhibits 1,2a,2b,5,6,7,8,10a,10b,11,17,27,28 Described in Plaintiff's Statement of facts DE 62-1)(BARTKO, GREGORY) (Entered: 05/30/2014)
2014-06-0464Supplemental Memorandum to 62 MOTION for Partial Summary Judgment Supplement to Plaintiff's Motion for Partial Summary Judgment Against the EOUSA, or Alternatively to Stay Imposition of Search Fees in FOIA Request No. 2014-000486 by GREGORY BARTKO (Attachments: # 1 Statement of Facts Plaintiff's Supplemental Statement of Undisputed Material Facts EOUSA, # 2 Exhibit Exh 3a,3b,5a,5b,6a,6b,11a,11b described in Supplemental Statement of Facts)(BARTKO, GREGORY) Modified text on 6/4/2014 (td, ). (Entered: 06/04/2014)
2014-06-0665MOTION for Partial Summary Judgment Plaintiff's Cross-Motion for Partial Summary Judgment Against the US Postal Inspection Service and the Internal Revenue Service by GREGORY BARTKO (Attachments: # 1 Statement of Facts Statement of Facts in Support of Motion Against USPIS & IRS, # 2 Exhibit Exh 7,12,13,14,15,18 Described in Statement of Facts, USPIS&IRS, # 3 Exhibit Exh 19a,19b,22a,22b,23,26 Described in Statement of Facts, USPIS & IRS)(BARTKO, GREGORY) (Entered: 06/06/2014)
2014-06-1066REPLY to opposition to motion re 33 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Attachment 1 - Second Supplemental Declaration of David Hardy, # 2 Statement of Facts, # 3 Text of Proposed Order)(Whitaker, Claire) (Entered: 06/10/2014)
2014-06-1067Memorandum in opposition to re 41 MOTION for Partial Summary Judgment and in response to ECF No. 43 filed by UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Whitaker, Claire) (Entered: 06/10/2014)
2014-06-1068MOTION for Extension of Time to file Motion for Partial Summary Judgment with Opposition to Plaintiff's Motion for Partial Summary Judgment by UNITED STATES SECURITIES AND EXCHANGE COMMISSION (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 06/10/2014)
2014-06-11MINUTE ORDER granting 68 Motion for Extension of Time. Upon consideration of the Motion, it is hereby ORDERED that Defendant SEC shall have up to and including June 17, 2014, to file its Opposition to Plaintiff's Motion for Partial Summary Judgment as to Defendant SEC, ECF No. 62 , together with its Motion for Partial Summary Judgment. Signed by Judge James E. Boasberg on 6/11/2014. (lcjeb4) (Entered: 06/11/2014)
2014-06-11Set/Reset Deadline: Defendant SEC shall have up to and including 6/17/2014, to file its Opposition to Plaintiff's Motion for Partial Summary Judgment as to Defendant SEC, ECF No. 62 , together with its Motion for Partial Summary Judgment. (ad) (Entered: 06/11/2014)
2014-06-1269Consent MOTION for Extension of Time to respond to Plaintiff's Motion for Partial Summary Judgment or, Alternatively, to Stay Imposition of Search Fees and supplemental filing (ECF No. 45, 46, 64) by UNITED STATES DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE OF UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 06/12/2014)
2014-06-1270Consent MOTION for Extension of Time to file Motion for Partial Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE OF UNITED STATES ATTORNEY (Whitaker, Claire) (Entered: 06/12/2014)
2014-06-13MINUTE ORDER granting 69 and 70 Motions for Extension of Time. Upon consideration of the consent Motions, it is hereby ORDERED that Defendant EOUSA shall have up to and including July 1, 2014, to file its Opposition to Plaintiff's Motion for Partial Summary Judgment Against EOUSA or, Alternatively, to Stay Imposition of Search Fees, and its Motion for Partial Summary Judgment relating to the claims against EOUSA in this Freedom of Information Act case. Signed by Judge James E. Boasberg on 6/13/2014. (lcjeb4) (Entered: 06/13/2014)
2014-06-13Set/Reset Deadline: Defendant EOUSA shall have up to and including 7/01/2014, to file its Opposition to Plaintiff's Motion for Partial Summary Judgment Against EOUSA or, Alternatively, to Stay Imposition of Search Fees, and its Motion for Partial Summary Judgment relating to the claims against EOUSA in this Freedom of Information Act case. (ad) (Entered: 06/13/2014)
2014-06-1771MOTION for Partial Summary Judgment by UNITED STATES SECURITIES AND EXCHANGE COMMISSION (Attachments: # 1 Statement of Facts, # 2 Statement Addressing Plaintiff's Facts, # 3 Attachment 1, Ovall Declaration, # 4 Attachment 2 pt. 1, # 5 Attachment 2 pt. 2, # 6 Attachment 2 pt. 3, # 7 Attachment 2 pt. 4, # 8 Attachment 2 pt. 5, # 9 Attachment 2 pt. 6, # 10 Attachment 2 pt. 7, # 11 Attachment 2 pt. 8, # 12 Attachment 2 pt. 9, # 13 Attachment 2 pt. 10, # 14 Attachment 2 pt. 11, # 15 Attachment 2 pt. 12, # 16 Attachment 2 pt. 13, # 17 Attachment 2 pt. 14, # 18 Attachment 2 pt. 15, # 19 Attachment 2 pt. 16, # 20 Attachment 2 pt. 17, # 21 Attachment 2 pt. 18, # 22 Attachment 2 pt. 19, # 23 Attachment 2 pt. 20, # 24 Attachment 2 pt. 21, # 25 Attachment 2 pt. 22, # 26 Text of Proposed Order)(Whitaker, Claire) (Entered: 06/17/2014)
2014-06-1772Memorandum in opposition to re 62 MOTION for Partial Summary Judgment Plaintiff's Motion for Partial Summary Judgment as to the Defendant, US Securities and Exchange Commission (and Errata at Docket No. 63) filed by UNITED STATES SECURITIES AND EXCHANGE COMMISSION. (Whitaker, Claire) (Entered: 06/17/2014)
2014-06-2273REPLY to opposition to motion re 33 MOTION for Summary Judgment Plaintiff's Reply to Opposition to Plaintiff's Motion for Partial Summary Judgment against the FBI filed by GREGORY BARTKO. (Attachments: # 1 Exhibit Attach A Executive Order 01212009, # 2 Exhibit Holder Memo 03192009, # 3 Exhibit FBI Press Release 11222010, # 4 Exhibit FBI Top 10 News Stories 11262010, # 5 Exhibit Complaint letter re Fleming 10302012, # 6 Exhibit Bungo response 02252013, # 7 Exhibit Letter requesting reconsideration 03132013)(BARTKO, GREGORY) (Entered: 06/22/2014)
2014-06-2374MOTION for Extension of Time to File Response/Reply as to 65 MOTION for Partial Summary Judgment Plaintiff's Cross-Motion for Partial Summary Judgment Against the US Postal Inspection Service and the Internal Revenue Service (until July 3, 2014) by UNITED STATES DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE, UNITED STATES POSTAL INSPECTION SERVICE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 06/23/2014)
2014-06-23MINUTE ORDER GRANTING 74 Motion for Extension of Time to File Response/Reply. The Court ORDERS that Defendants USPIS and IRS shall have to and including July 3, 2014, to file their Opposition to Plaintiff's Motion for Partial Summary Judgment against them and to reply to Plaintiff's Opposition to Defendants USPIS and IRSs Motion for Partial Summary Judgment or to seek further proceedings. Signed by Judge James E. Boasberg on 6/23/2014. (lcjeb3) (Entered: 06/23/2014)
2014-06-24Set/Reset Deadline: Defendants USPIS and IRS shall have to and including 7/03/2014, to file their Opposition to Plaintiff's Motion for Partial Summary Judgment against them and to reply to Plaintiff's Opposition to Defendants USPIS and IRSs Motion for Partial Summary Judgment or to seek further proceedings. (ad) (Entered: 06/24/2014)
2014-06-2475MOTION for Extension of Time to File Response/Reply Motion for Extension to File Reply and Response to D.E. 71 by GREGORY BARTKO (Attachments: # 1 Text of Proposed Order)(BARTKO, GREGORY) (Entered: 06/24/2014)
2014-06-24MINUTE ORDER GRANTING Plaintiff's 75 Motion for Extension of Time to File Response/Reply. The Court ORDERS that Plaintiff shall file his Response/Reply to SEC's 71 Motion for Partial Summary Judgment on or before July 14, 2014. Signed by Judge James E. Boasberg on 6/24/2014. (lcjeb3) (Entered: 06/24/2014)
2014-06-24Set/Reset Deadline: Plaintiff shall file his Response/Reply to SEC's 71 Motion for Partial Summary Judgment on or before 7/14/2014. (ad) (Entered: 06/24/2014)
2014-07-0176MOTION for Extension of Time to file Motion for Partial Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment or stay and supplemental filing (ECF 45, 46, 64) by UNITED STATES DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE OF UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 07/01/2014)
2014-07-02MINUTE ORDER granting 76 Motion for Extension of Time. It is hereby ORDERED that the Motion is GRANTED; Defendant EOUSA shall have up to and including July 11, 2014, to file its Opposition to Plaintiff's Motion for Partial Summary Judgment Against EOUSA or, Alternatively, to Stay Imposition of Search Fees, and to file its own Motion for Partial Summary Judgment. Signed by Judge James E. Boasberg on 7/2/2014. (lcjeb4) (Entered: 07/02/2014)
2014-07-02Set/Reset Deadline: Defendant EOUSA shall have up to and including 7/11/2014, to file its Opposition to Plaintiff's Motion for Partial Summary Judgment Against EOUSA or, Alternatively, to Stay Imposition of Search Fees, and to file its own Motion for Partial Summary Judgment. (ad) (Entered: 07/02/2014)
2014-07-0377MOTION for Extension of Time to File Response/Reply as to 65 MOTION for Partial Summary Judgment Plaintiff's Cross-Motion for Partial Summary Judgment Against the US Postal Inspection Service and the Internal Revenue Service or for other relief by UNITED STATES DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE, UNITED STATES POSTAL INSPECTION SERVICE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 07/03/2014)
2014-07-0678RESPONSE re 77 MOTION for Extension of Time to File Response/Reply as to 65 MOTION for Partial Summary Judgment Plaintiff's Cross-Motion for Partial Summary Judgment Against the US Postal Inspection Service and the Internal Revenue Service or Plaintiff's Opposition to Motion for Extension of Time on Behalf of the USPIA and IRS filed by GREGORY BARTKO. (BARTKO, GREGORY) (Entered: 07/06/2014)
2014-07-07MINUTE ORDER granting 77 Motion for Extension of Time to File Response/Reply. Upon consideration of the Motion, it is hereby ORDERED that Defendants USPIS and IRS shall have up to and including August 4, 2014, to file their Opposition to Plaintiff's Motion for Partial Summary Judgment and to reply to Plaintiff's Opposition to Defendants USPIS and IRS's Motion for Partial Summary Judgment. It is further ORDERED that, should the USPIS determine, after reprocessing its records, that a withdrawal of its pending Motion for Summary Judgment and the filing of a new one is appropriate, Plaintiff shall have 30 days to respond. Signed by Judge James E. Boasberg on 7/7/2014. (lcjeb4) (Entered: 07/07/2014)
2014-07-07Set/Reset Deadline: Defendants USPIS and IRS shall have up to and including 8/04/2014, to file their Opposition to Plaintiff's Motion for Partial Summary Judgment and to reply to Plaintiff's Opposition to Defendants USPIS and IRS's Motion for Partial Summary Judgment. (ad) (Entered: 07/07/2014)
2014-07-1179MOTION for Extension of Time to File Response/Reply as to 45 MOTION for Partial Summary Judgment Against the EOUSA, or Alternatively, To Stay Imposition of Search Fees Imposed in FOIA Request No. 2014-00486 MOTION for Order, 27 MOTION to Dismiss on mootness grounds , ECF 46, and to file Partial Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE OF UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 07/11/2014)
2014-07-1280RESPONSE re 71 MOTION for Partial Summary Judgment Plaintiff's Combined Opposition to Defendant SEC's Motion for Partial Summary Judgment and Reply to SEC's Opposition to Plaintiff's Motion for Partial Summary Judgment filed by GREGORY BARTKO. (Attachments: # 1 Statement of Facts Statement Addressin SEC Statement of Facts; In Support of Plaintiff's Opposition to and Reply to SEC Opposition to Plaintiff's Motion for Partial Summary Judgment, # 2 Exhibit Exh A Bartko letter 3/9/2005, # 3 Exhibit Exh B Bartko letter 3/24/2005, # 4 Exhibit Exh C Bartko letter 6/29/2005, # 5 Exhibit Exh D Bartko letter 7/1/2005, # 6 Exhibit Exh E Bartko letter 7/6/2005, # 7 Exhibit Exh F Bartko letter 8/9/2005, # 8 Exhibit Exh G Albert letter 4/19/2005, # 9 Exhibit Exh H Albert letter 5/27/2005, # 10 Exhibit Exh I Albert letter 4/8/2005, # 11 Exhibit Exh J Undisclosed ADO Exam Summary, # 12 Exhibit Bartko letter 10/14/2005, # 13 Exhibit Exh L Jacoby letter 6/14/2011, # 14 Exhibit Exh M Jacoby letter 3/29/2012, # 15 Exhibit Exh N USPIS interview 4/10/2009, # 16 Exhibit Exh O Malony Motion, # 17 Exhibit Exh P Portions of Petition for Review to SEC 10/22/2012, # 18 Exhibit Exh Q Certificate Listing in case No;14-1070, # 19 Exhibit Exh R Bartko Answer to SEC Order)(BARTKO, GREGORY) (Entered: 07/12/2014)
2014-07-14MINUTE ORDER granting 79 Motion for Extension of Time to File Response/Reply. It is hereby ORDERED that the Motion is GRANTED; Defendant EOUSA shall have up to and including July 18, 2014, to file its Opposition to Plaintiff's Motion for Partial Summary Judgment Against EOUSA and to file its own Motion for Partial Summary Judgment. Signed by Judge James E. Boasberg on 7/14/2014. (lcjeb4) (Entered: 07/14/2014)
2014-07-14Set/Reset Deadline: Defendant EOUSA shall have up to and including 7/18/2014, to file its Opposition to Plaintiff's Motion for Partial Summary Judgment Against EOUSA and to file its own Motion for Partial Summary Judgment. (ad) (Entered: 07/14/2014)
2014-07-14MINUTE ORDER: The Court ORDERS that all of Plaintiff's future pleadings shall use 12-pt. font. Continued use of smaller fonts shall result in pleadings being rejected. Signed by Judge James E. Boasberg on 7/14/2014. (lcjeb4) (Entered: 07/14/2014)
2014-07-1881MOTION to Dismiss , MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE OF UNITED STATES ATTORNEY (Attachments: # 1 Statement of Facts, # 2 Defendant's Statement Addressing Plaintiff's Statement of Undisputed Facts, # 3 Attachment 1, # 4 Attachment 2, # 5 Attachment 3, # 6 Attachment 4, # 7 Attachment 5, # 8 Attachment 6, # 9 Attachment 7, # 10 Text of Proposed Order)(Whitaker, Claire) (Entered: 07/18/2014)
2014-07-2182Memorandum in opposition to re 45 MOTION for Partial Summary Judgment Against the EOUSA, or Alternatively, To Stay Imposition of Search Fees Imposed in FOIA Request No. 2014-00486 MOTION for Order (Response to Plaintiff's Motion for Partial Summary Judgment and Stay of Imposition of Search Fees, ECF No. 45 And 46) filed by UNITED STATES DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE OF UNITED STATES ATTORNEY. (Whitaker, Claire) (Entered: 07/21/2014)
2014-07-2183MOTION for Extension of Time to File Response/Reply as to 71 MOTION for Partial Summary Judgment by UNITED STATES SECURITIES AND EXCHANGE COMMISSION (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 07/21/2014)
2014-07-22MINUTE ORDER GRANTING Defendant SEC's 83 Motion for Extension of Time to File Response/Reply. The Court ORDERS that Defendant SEC shall have to and including July 31, 2014, to file its Reply to Plaintiff's Opposition to Defendants Motion for Partial Summary Judgment as to Defendant SEC. Signed by Judge James E. Boasberg on 7/22/2014. (lcjeb3) (Entered: 07/22/2014)
2014-07-23Set/Reset Deadline: Defendant SEC shall have to and including 7/31/2014, to file its Reply to Plaintiff's Opposition to Defendants Motion for Partial Summary Judgment as to Defendant SEC. (ad) (Entered: 07/23/2014)
2014-07-2984MOTION for Leave to File (Motion for Leave to Respond, Out of Time, to ECF No. 51) by UNITED STATES DEPARTMENT OF JUSTICE OFFICE PROFESSIONAL RESPONSIBILITY, UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Opposition to Plaintiff's Motion for Partial Summary Judgment as to Defendants DOJ and the OPR Relating to Plaintiff's March 1, 2012 FOIA Request (Docket Entry # 51), # 2 Attachment 1 to Opposition - Declaration of Randy Wilson, # 3 Attachment 2 to Opposition - Third Supplemental Declaration of David Hardy, # 4 Attachment 3 to Opposition - Declaration of Sue Ann Slates, # 5 Attachment 4 to Opposition - Declaration of Ginae Barnett, # 6 Statement of Facts (Statement Addressing Plaintiffs Statement of Undisputed Material Facts in Support of Motion for Partial Summary Judgment against the DOJ and OPR), # 7 Text of Proposed Order (re U.S. Department of Justices Motion for Leave to Respond Out of Time), # 8 Text of Proposed Order (re Opposition to Plaintiff's Motion for Partial Summary Judgment as to Defendants DOJ and the OPR Relating to Plaintiff's March 1, 2012 FOIA Request (Docket Entry # 51)))(Whitaker, Claire) (Entered: 07/29/2014)
2014-07-30MINUTE ORDER GRANTING Defendant's 84 Motion for Leave to Respond Out of Time to Plaintiff's 51 Motion for Partial Summary Judgment. Defendant's lodged Opposition and supporting documents are DEEMED FILED with the Court. The Court FURTHER ORDERS that Plaintiff has to and including August 12, 2014, to respond to Defendant's Opposition. Signed by Judge James E. Boasberg on 7/30/14.(lcjeb2) (Entered: 07/30/2014)
2014-07-30Set/Reset Deadline: Plaintiff has to and including 8/12/2014, to respond to Defendant's Opposition. (ad) (Entered: 07/30/2014)
2014-07-3085Memorandum in opposition to re 51 MOTION for Partial Summary Judgment As TO The Defendant DOJ and the OPR Relating to Plaintiff's March 1, 2012 FOIA Request filed by UNITED STATES DEPARTMENT OF JUSTICE OFFICE PROFESSIONAL RESPONSIBILITY, UNITED STATES DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE OF UNITED STATES ATTORNEY, UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (td, ) (Entered: 07/30/2014)
2014-07-3186REPLY to opposition to motion re 71 MOTION for Partial Summary Judgment filed by UNITED STATES SECURITIES AND EXCHANGE COMMISSION. (Attachments: # 1 Declaration (Declaration of John J. Livornese))(Whitaker, Claire) (Entered: 07/31/2014)
2014-07-3187RESPONSE re 81 MOTION to Dismiss MOTION for Summary Judgment Plaintiff's Opposition to Defendant EOUSA's Motion to Dismiss or for Summary Judgment and In Reply to EOUSA's Response to Plaintiff's Motion for Partial Summary Judgment and Stay of Imposition of Search Fees filed by GREGORY BARTKO. (Attachments: # 1 Attachment 1 FedEx envelope, # 2 Attachment 2 May 23, 2014 letter, # 3 Attachment 3 June 6, 2014 letter)(BARTKO, GREGORY) (Entered: 07/31/2014)
2014-07-3188REPLY to opposition to motion re 45 MOTION for Partial Summary Judgment Against the EOUSA, or Alternatively, To Stay Imposition of Search Fees Imposed in FOIA Request No. 2014-00486, 46 MEMORANDUM filed by GREGORY BARTKO; (See docket entry no. 87 to view document) (td, ) Modified on 8/5/2014 (jf, ). (Entered: 08/01/2014)
2014-08-0489MOTION for Extension of Time to File Response/Reply as to 65 MOTION for Partial Summary Judgment Plaintiff's Cross-Motion for Partial Summary Judgment Against the US Postal Inspection Service and the Internal Revenue Service , 58 MOTION for Partial Summary Judgment to August 25, 2014 by UNITED STATES DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE, UNITED STATES POSTAL INSPECTION SERVICE (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Appeal Letter from Bartko to USPS)(Whitaker, Claire) (Entered: 08/04/2014)
2014-08-04MINUTE ORDER GRANTING Defendants' 89 Motion for Extension of Time. The Court ORDERS that Defendants USPIS and IRS shall have to and including August 25, 2014, to file their Opposition to Plaintiff's Motion for Partial Summary Judgment against them and to reply to Plaintiff's Opposition to Defendants USPIS and IRS's Motion for Partial Summary Judgment or to seek further proceedings. The Court FURTHER ORDERS that should the USPIS determine, after reprocessing its records, that a withdrawal of its pending Motion for Summary Judgment and the filing of a new one is appropriate on August 25, 2014, Plaintiff shall have 30 days to respond. Signed by Judge James E. Boasberg on 8/4/14. (lcjeb2) (Entered: 08/04/2014)
2014-08-05Set/Reset Deadlines: Defendants USPIS and IRS shall have to and including 8/25/2014, to file their Opposition to Plaintiff's Motion for Partial Summary Judgment against them and to reply to Plaintiff's Opposition to Defendants USPIS and IRS's Motion for Partial Summary Judgment or to seek further proceedings. The USPIS determine, after reprocessing its records, that a withdrawal of its pending Motion for Summary Judgment and the filing of a new one is appropriate on 8/25/2014, Plaintiff shall have 30 days to respond. (ad) (Entered: 08/05/2014)
2014-08-0590ORDER: For the reasons set forth in the accompanying Memorandum Opinion, the Court ORDERS that: (1) Defendants' 33 Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART; (2) Plaintiff's 41 Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART; (3) Defendant OPR shall search for documents relating to an investigation of Clay Wheeler stemming from Bartko's criminal case; (4) Defendant FBI shall search for documents relating to Scott Hollenbeck, Leronda Leamon, and Rebecca Plummer and process the two CDs and one flash drive discussed in the Opinion; and (5) If the parties thereafter believe that further briefing is required, they may present a proposed schedule to the Court. Signed by Judge James E. Boasberg on 8/5/14. (lcjeb1) (Entered: 08/05/2014)
2014-08-0591MEMORANDUM OPINION re 90 Order. Signed by Judge James E. Boasberg on 8/5/14. (lcjeb1) (Entered: 08/05/2014)
2014-08-1192REPLY to opposition to motion re 51 MOTION for Partial Summary Judgment As TO The Defendant DOJ and the OPR Relating to Plaintiff's March 1, 2012 FOIA Request Plaintiff's Reply to Opposition to Plaintiff's Motion for Summary Judgment as to the Defendants DOJ and OPR Relating to Plaintiff's March 1, 2012 FOIA Request filed by GREGORY BARTKO. (Attachments: # 1 Attachment 1 Declaration of Gregory Bartko, # 2 Attachment 2 Correspondence between Bartko and DOJ)(BARTKO, GREGORY) (Entered: 08/11/2014)
2014-08-1193MOTION for Extension of Time to File Response/Reply as to 81 MOTION to Dismiss MOTION for Summary Judgment , specifcally in reply to ECF No. 87 by UNITED STATES DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE OF UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 08/11/2014)
2014-08-12MINUTE ORDER GRANTING 93 Motion for Extension of Time. It is hereby ORDERED that Defendant Executive Office for United States Attorneys shall have to and including August 18, 2014, to reply to Plaintiff's 87 Opposition to Defendant's Motion to Dismiss or for Summary Judgment. Signed by Judge James E. Boasberg on 8/12/14. (lcjeb2) (Entered: 08/12/2014)
2014-08-12Set/Reset Deadline: Defendant Executive Office for United States Attorneys shall have to and including 8/18/2014, to reply to Plaintiff's 87 Opposition to Defendant's Motion to Dismiss or for Summary Judgment. (ad) (Entered: 08/12/2014)
2014-08-1894REPLY to opposition to motion re 64 MOTION for Partial Summary Judgment Supplement to Plaintiff's Motion for Partial Summary Judgment Against the EOUSA, or Alternatively to Stay Imposition of Search Fees in FOIA Request No. 2014-000486 , 45 MOTION for Partial Summary Judgment Against the EOUSA, or Alternatively, To Stay Imposition of Search Fees Imposed in FOIA Request No. 2014-00486 MOTION for Order and in Support of ECF No. 27 and 81 filed by UNITED STATES DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE OF UNITED STATES ATTORNEY. (Attachments: # 1 Exhibit Attachment 1 (Supp.Decl. David Luczynski), # 2 Exhibit Attachment 2 (letter dated 72614 from Bartko))(Whitaker, Claire) (Entered: 08/18/2014)
2014-08-2095MOTION for Leave to File Surreply to EOUSA's DE 94 by GREGORY BARTKO (Attachments: # 1 Text of Proposed Order Proposed Order to Motion for Leave to File Surreply)(BARTKO, GREGORY) (Entered: 08/20/2014)
2014-08-20MINUTE ORDER GRANTING Plaintiff's 95 Motion for Leave to File a Surreply. The Court ORDERS that Plaintiff may file a surreply not to exceed ten pages on or before August 27, 2014. Signed by Judge James E. Boasberg on 8/20/14. (lcjeb2) (Entered: 08/20/2014)
2014-08-20Set/Reset Deadline: Plaintiff may file a surreply not to exceed ten pages on or before 8/27/2014. (ad) (Entered: 08/20/2014)
2014-08-2096ERRATA by UNITED STATES DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE OF UNITED STATES ATTORNEY 94 Reply to opposition to Motion,, filed by UNITED STATES DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE OF UNITED STATES ATTORNEY. (Attachments: # 1 Exhibit Attachment 2 (letter dated 72614 from Bartko))(Whitaker, Claire) (Entered: 08/20/2014)
2014-08-2597ORDER DENYING Plaintiff's 51 Motion for Partial Summary Judgment. Signed by Judge James E. Boasberg on 8/25/14. (lcjeb2) (Entered: 08/25/2014)
2014-08-2598MOTION for Reconsideration re 90 Order on Motion for Summary Judgment,,, 91 Memorandum & Opinion , MOTION to Clarify by UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 4th Declaration of David Hardy, # 3 Exhibit 2nd Suppl. Declaration of David Hardy (filed with ECF No. 66))(Whitaker, Claire). Added MOTION to Clarify on 8/26/2014 (jf, ). (Entered: 08/25/2014)
2014-08-2599MOTION for Extension of Time to File Response/Reply as to 65 MOTION for Partial Summary Judgment Plaintiff's Cross-Motion for Partial Summary Judgment Against the US Postal Inspection Service and the Internal Revenue Service , 58 MOTION for Partial Summary Judgment by UNITED STATES DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE, UNITED STATES POSTAL INSPECTION SERVICE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 08/25/2014)
2014-08-26MINUTE ORDER GRANTING 99 Motion for Extension of Time to File Response/Reply. The Court ORDERS that Defendants USPIS and IRS shall have to and including ten days after the Court rules on the FBI's Motion for Reconsideration to file their Opposition to Plaintiff's Motion for Partial Summary Judgment against them and to reply to Plaintiff's Opposition to Defendants USPIS and IRS's Motion for Partial Summary Judgment or to seek further proceedings. The Court FURTHER ORDERS that should the USPIS determine, after reprocessing its records, that it will withdraw its pending Motion for Summary Judgment and file a new one, it will be filed on the same date as the above filings. Signed by Judge James E. Boasberg on 8/26/14. (lcjeb2) (Entered: 08/26/2014)
2014-08-26MINUTE ORDER: As proposed by the parties, the Court ORDERS that by August 29, 2014, Defendant EOUSA shall provide to the Court for in camera review the two-page letter discussed in, e.g. , Defendant's 94 Reply at 2-4. Signed by Judge James E. Boasberg on 8/26/14. (lcjeb2) (Entered: 08/26/2014)
2014-08-27Set/Reset Deadline: By 8/29/2014, Defendant EOUSA shall provide to the Court for in camera review the two-page letter discussed in, e.g., Defendant's 94 Reply at 2-4. (ad) (Entered: 08/27/2014)
2014-08-27100SURREPLY to re 81 MOTION to Dismiss MOTION for Summary Judgment Plaintiff's Surreply to Defendant EOUSA's Reply to Plaintiff's Opposition to EOUSA's Motion to Dismiss or For Summary Judgment filed by GREGORY BARTKO. (BARTKO, GREGORY) (Entered: 08/27/2014)
2014-08-28101NOTICE of In Camera Submission by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE OFFICE PROFESSIONAL RESPONSIBILITY, UNITED STATES DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE OF UNITED STATES ATTORNEY, UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE, UNITED STATES POSTAL INSPECTION SERVICE, UNITED STATES SECURITIES AND EXCHANGE COMMISSION (Haynes, Fred) (Entered: 08/28/2014)
2014-09-06102Memorandum in opposition to re 98 MOTION for Reconsideration re 90 Order on Motion for Summary Judgment,,, 91 Memorandum & Opinion MOTION to Clarify Memorandum in Support of Opposition to FBI's Motion for Partial Reconsideration or in the Alternative for Clarification filed by GREGORY BARTKO. (Attachments: # 1 Declaration In Support of Opposition to FBI's Motion for Partial Reconsideration, # 2 Attachment 21 described in paragraph 21, # 3 Attachment 22 described in paragraph 22, # 4 Attachment 23 described in paragraph 23, # 5 Attachment 24 described in paragraph 24, # 6 Attachment 27 part 1 described in paragraph 27, # 7 Attachment 27 part 2 described in paragraph 27)(BARTKO, GREGORY) (Entered: 09/06/2014)
2014-09-09103ORDER: For the reasons set forth in the accompanying Memorandum Opinion, the Court ORDERS that: (1) Defendant EOUSA's Motion to Dismiss or for Summary Judgment 81 is GRANTED; (2) Plaintiff's Motion for Partial Summary Judgment 45 is DENIED; (3) Defendant EOUSA's Motion to Dismiss 27 is DENIED WITHOUT PREJUDICE as moot; and (4) Judgment is ENTERED in favor of Defendant EOUSA. Signed by Judge James E. Boasberg on 9/9/14. (lcjeb1) (Entered: 09/09/2014)
2014-09-09104MEMORANDUM OPINION re 103 Order. Signed by Judge James E. Boasberg on 9/9/14. (lcjeb1) (Entered: 09/09/2014)
2014-09-16105REPLY to opposition to motion re 98 MOTION for Reconsideration re 90 Order on Motion for Summary Judgment,,, 91 Memorandum & Opinion MOTION to Clarify filed by UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Whitaker, Claire) (Entered: 09/16/2014)
2014-10-08106ORDER: The Court ORDERS that Defendant SEC's 71 Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART, and Plaintiff's 62 Motion for Summary Judgment is DENIED. Signed by Judge James E. Boasberg on 10/8/14. (lcjeb2) (Entered: 10/08/2014)
2014-10-08107Memorandum Opinion re 106 Order on Cross-Motions for Summary Judgment. Signed by Judge James E. Boasberg on 10/8/14. (lcjeb2) (Entered: 10/08/2014)
2014-10-14108ORDER: The Court ORDERS that: (1) the FBI's 98 Motion is GRANTED IN PART and DENIED IN PART; and (2) the FBI need only search for documents that concern the three co-conspirators' relationship to Bartko and his criminal investigation. Signed by Judge James E. Boasberg on 10/14/14. (lcjeb2) (Entered: 10/14/2014)
2014-10-27109MOTION for Extension of Time to file a dispositive motion on behalf of the USPIS and a reply for the IRS by UNITED STATES DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE, UNITED STATES POSTAL INSPECTION SERVICE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 10/27/2014)
2014-10-28MINUTE ORDER GRANTING 109 Motion for Extension of Time. Defendants USPIS and IRS shall have until November 7, 2014, to file a dispositive motion on behalf of the USPIS and a reply for the IRS. Signed by Judge James E. Boasberg on 10/28/14. (lcjeb2) (Entered: 10/28/2014)
2014-10-28Set/Reset Deadlines: Dispositive Motion by USPIS due by 11/7/2014. Reply by IRS due by 11/7/2014. (tg, ) (Entered: 10/28/2014)
2014-10-29110MOTION for Leave to File Second Supplemental Complaint and Memorandum or Points and Authorities in Support by GREGORY BARTKO (Attachments: # 1 Attachment A: Proposed Second Amended/Supplemental Complaint)(BARTKO, GREGORY) (Entered: 10/29/2014)
2014-11-06111MOTION for Extension of Time to File Response/Reply to ECF No. 20, 21. by UNITED STATES DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE, UNITED STATES POSTAL INSPECTION SERVICE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 11/06/2014)
2014-11-07112MINUTE ORDER GRANTING 111 Motion for Extension of Time. The Court ORDERS that Defendants USPIS and IRS shall have until November 21, 2014, to file a new dispositive motion on behalf of the USPIS and a reply on behalf of the IRS. Signed by Judge James E. Boasberg on 11/7/14. (lcjeb2) (Entered: 11/07/2014)
2014-11-07Set/Reset Deadline: Defendants USPIS and IRS shall have until 11/21/2014, to file a new dispositive motion on behalf of the USPIS and a reply on behalf of the IRS. (ad) (Entered: 11/07/2014)
2014-11-12113MOTION to Compel Release by the FBI and OPR of Responsive Records, or Alternatively, Motion for Order to Show Cause and Memorandum of Points and Authroities in Support Thereof by GREGORY BARTKO (BARTKO, GREGORY) (Entered: 11/12/2014)
2014-11-17114RESPONSE re 110 MOTION for Leave to File Second Supplemental Complaint and Memorandum or Points and Authorities in Support filed by UNITED STATES DEPARTMENT OF JUSTICE OFFICE PROFESSIONAL RESPONSIBILITY, UNITED STATES DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE OF UNITED STATES ATTORNEY. (Attachments: # 1 Exhibit Attachment 1 (Luczynski Suppl. Decl.), # 2 Exhibit Attachment 2 (Oct 10, 2014 ltr from OIP), # 3 Text of Proposed Order)(Whitaker, Claire) (Entered: 11/17/2014)
2014-11-18115ERRATA to ECF No. 114-1 by UNITED STATES DEPARTMENT OF JUSTICE OFFICE PROFESSIONAL RESPONSIBILITY, UNITED STATES DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE OF UNITED STATES ATTORNEY. (Attachments: # 1 Exhibit Exhibit A (EOUSA 10/15/14 Response to Plaintiff with return receipt dated 10/20/14))(Whitaker, Claire) (Entered: 11/18/2014)
2014-11-20116MOTION for Extension of Time to file new motion for summary judgment by USPIS and reply, if any, by IRS (to 12/11/14) by UNITED STATES DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE, UNITED STATES POSTAL INSPECTION SERVICE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 11/20/2014)
2014-11-20MINUTE ORDER GRANTING 116 Motion for Extension of Time. The Court ORDERS that Defendants USPIS and IRS shall have to and including December 11,2014, to file a new dispositive motion on behalf of the USPIS and a reply on behalf of the IRS. Signed by Judge James E. Boasberg on 11/20/14. (lcjeb2) (Entered: 11/20/2014)
2014-11-20Set/Reset Deadline: Defendants USPIS and IRS shall have to and including 12/11/2014, to file a new dispositive motion on behalf of the USPIS and a reply on behalf of the IRS. (ad) (Entered: 11/20/2014)
2014-11-24117REPLY to opposition to motion re 110 MOTION for Leave to File Second Supplemental Complaint and Memorandum or Points and Authorities in Support filed by GREGORY BARTKO. (Attachments: # 1 Attachment 1 Proposed Second Supplemental Complaint, # 2 Exh A 7/26/14 FOIA request to OPR, # 3 Exh B 7/26/14 FOIA request to Attorney General, # 4 Exh C 7/26/14 FOIA request to USAO/EDNC, # 5 Exh D 9/13/14 FOIA request to EOUSA, # 6 Exh E 6/6/14 letter from OIP, # 7 Exh F 10/8/14 letter to C. Whitaker, Esq., # 8 Exh G 11/11/14 FOIA appeal to OIP, # 9 Exh H 10/15/14 letter from EOUSA, # 10 Exh I 9/10/14 letter from OPR, # 11 Exh J 9/25/14 FOIA appeal to OIP, # 12 Exh K 10/10/14 letter from OIP, # 13 Exh L 8/18/14 letter from OPR)(BARTKO, GREGORY) (Entered: 11/24/2014)
2014-11-25118RESPONSE re 113 MOTION to Compel Release by the FBI and OPR of Responsive Records, or Alternatively, Motion for Order to Show Cause and Memorandum of Points and Authroities in Support Thereof filed by UNITED STATES DEPARTMENT OF JUSTICE OFFICE PROFESSIONAL RESPONSIBILITY, UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Attachment 1 - Third Declaration of Ginae Barnett, # 2 Attachment 2 - Fifth Supplemental Declaration of David M. Hardy, # 3 Text of Proposed Order)(Whitaker, Claire) (Entered: 11/25/2014)
2014-11-25119MOTION to Stay re 118 Response to motion,, (Request for Stay during Processing and Production Period) by UNITED STATES DEPARTMENT OF JUSTICE OFFICE PROFESSIONAL RESPONSIBILITY, UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Whitaker, Claire) (Entered: 11/25/2014)
2014-11-26120NOTICE of Intent to file Reply by GREGORY BARTKO re 113 MOTION to Compel Release by the FBI and OPR of Responsive Records, or Alternatively, Motion for Order to Show Cause and Memorandum of Points and Authroities in Support Thereof (BARTKO, GREGORY) (Entered: 11/26/2014)
2014-12-01121REPLY to opposition to motion re 113 MOTION to Compel Release by the FBI and OPR of Responsive Records, or Alternatively, Motion for Order to Show Cause and Memorandum of Points and Authroities in Support Thereof filed by GREGORY BARTKO. (BARTKO, GREGORY) (Entered: 12/01/2014)
2014-12-01122RESPONSE re 119 MOTION to Stay re 118 Response to motion,, (Request for Stay during Processing and Production Period) filed by GREGORY BARTKO. (BARTKO, GREGORY) (Entered: 12/01/2014)
2014-12-11123ORDER: The Court ORDERS that: (1) Plaintiff's 110 Motion for Leave is GRANTED IN PART and DENIED IN PART; and (2) Plaintiff shall file by December 22, 2014, a Second Amended Complaint that adds only the allegations against EOUSA relating to the 610 pages referred by OPR. Signed by Judge James E. Boasberg on 12/11/14. (lcjeb2) (Entered: 12/11/2014)
2014-12-11124ORDER: The Court ORDERS that: (1) Plaintiff's 113 Motion to Compel is GRANTED IN PART and DENIED IN PART; (2) Defendants' 119 Motion to Stay is DENIED; (3) by December 31, 2014, the FBI shall produce material contained on the two CDs and flash drive discussed in the August 5, 2014, Memorandum Opinion; (4) by January 30, 2015, the FBI shall produce all non-exempt documents relating to the three co-conspirators; (5) by January 30, 2015, OPR shall produce all non-exempt documents relating to Wheeler and Bartko's case; and (6) if Plaintiff has objections to the withholdings or redactions, he may confer with the Government and provide by February 13, 2015, a joint proposed briefing schedule. The Government's brief would be accompanied by a Vaughn Index. Signed by Judge James E. Boasberg on 12/11/14. (lcjeb2) (Entered: 12/11/2014)
2014-12-11Set/Reset Deadline: Plaintiff shall file by 12/22/2014, a Second Amended Complaint that adds only the allegations against EOUSA relating to the 610 pages referred by OPR. (kt) (Entered: 12/11/2014)
2014-12-11Set/Reset Deadlines: By 12/31/2014, the FBI shall produce material contained on the two CDs and flash drive discussed in the August 5, 2014, Memorandum Opinion; by 1/30/2015, the FBI shall produce all non-exempt documents relating to the three co-conspirators; by 1/30/2015, OPR shall produce all non-exempt documents relating to Wheeler and Bartko's case; and if Plaintiff has objections to the withholdings or redactions, he may confer with the Government and provide by 2/13/2015, a joint proposed briefing schedule. (kt) (Entered: 12/11/2014)
2014-12-11125MOTION for Extension of Time to File Renewed Motion for Summary Judgment by USPIS and reply, if any, by IRS by UNITED STATES DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE, UNITED STATES POSTAL INSPECTION SERVICE (Attachments: # 1 Exhibit Declaration of Tammy Warner, # 2 Text of Proposed Order)(Whitaker, Claire) (Entered: 12/11/2014)
2014-12-12MINUTE ORDER GRANTING 125 Motion for Extension of Time. The Court ORDERS that Defendants USPIS and IRS shall have until December 31, 2014, to file a new dispositive motion on behalf of the USPIS and a reply on behalf of the IRS. Signed by Judge James E. Boasberg on 12/12/14. (lcjeb2) (Entered: 12/12/2014)
2014-12-12Set/Reset Deadlines: Defendants USPIS and IRS shall have until 12/31/2014, to file a new dispositive motion on behalf of the USPIS and a reply on behalf of the IRS. (kt) (Entered: 12/12/2014)
2014-12-16126AMENDED COMPLAINT Second Supplemental Complaint against UNITED STATES DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE OF UNITED STATES ATTORNEY.(BARTKO, GREGORY) (Entered: 12/16/2014)
2014-12-16127MOTION for Reconsideration of Order Granting Leave to Supplement Complaint and Memorandum of Points and Authorities in Support by GREGORY BARTKO (Attachments: # 1 Exhibit A 7/26/14 request to EOUSA, # 2 Exhibit B 9/19/13 request to EOUSA, # 3 Exhibit C 9/13/14 request to EOUSA)(BARTKO, GREGORY) (Entered: 12/16/2014)
2014-12-24128MOTION for Reconsideration re 124 Order on Motion to Compel,,, by UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Exhibit Att. 1 (6th Suppl. Dec. of David Hardy), # 2 Text of Proposed Order)(Whitaker, Claire) (Entered: 12/24/2014)
2014-12-24129ANSWER to 126 Amended Complaint by UNITED STATES DEPARTMENT OF JUSTICE OFFICE PROFESSIONAL RESPONSIBILITY, UNITED STATES DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE OF UNITED STATES ATTORNEY. Related document: 126 Amended Complaint.(Whitaker, Claire) (Entered: 12/24/2014)
2014-12-28130RESPONSE re 128 MOTION for Reconsideration re 124 Order on Motion to Compel,,, Response to FBI's Motion for Reconsideration of DE 124 and Plaintiff's Request for Expedited Ruling filed by GREGORY BARTKO. (BARTKO, GREGORY) (Entered: 12/28/2014)
2014-12-30131Memorandum in opposition to re 127 MOTION for Reconsideration of Order Granting Leave to Supplement Complaint and Memorandum of Points and Authorities in Support filed by UNITED STATES DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE OF UNITED STATES ATTORNEY. (Attachments: # 1 Declaration Declaration of David Luczynski, dated 12/22/14, # 2 Text of Proposed Order)(Whitaker, Claire) (Entered: 12/30/2014)
2014-12-31132NOTICE of Intent to File Reply by GREGORY BARTKO re 127 MOTION for Reconsideration of Order Granting Leave to Supplement Complaint and Memorandum of Points and Authorities in Support (BARTKO, GREGORY) (Entered: 12/31/2014)
2014-12-31133Second MOTION for Extension of Time to Filed Renewed Motion for Summary Judgment by UNITED STATES DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE, UNITED STATES POSTAL INSPECTION SERVICE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 12/31/2014)
2015-01-01134RESPONSE re 133 Second MOTION for Extension of Time to Filed Renewed Motion for Summary Judgment filed by GREGORY BARTKO. (BARTKO, GREGORY) (Entered: 01/01/2015)
2015-01-02135MOTION for Order to Show Cause and Memorandum of Points and Authorities in Support by GREGORY BARTKO (BARTKO, GREGORY) (Entered: 01/02/2015)
2015-01-04136REPLY to opposition to motion re 127 MOTION for Reconsideration of Order Granting Leave to Supplement Complaint and Memorandum of Points and Authorities in Support filed by GREGORY BARTKO. (Attachments: # 1 Exhibit Exh A Gerson letter dtd 10/15/14, # 2 Exhibit Exh B Gerson letter dtd 4/1/14, # 3 Exhibit Exh C OIP letter dtd 6/6/14, # 4 Exhibit Exh D Bartko appeal to OIP dtd 11/11/14)(BARTKO, GREGORY) (Entered: 01/04/2015)
2015-01-05MINUTE ORDER GRANTING 133 Motion for Extension of Time. The Court ORDERS that Defendants USPIS and IRS shall have until January 16, 2015, to file a new dispositive motion on behalf of the USPIS and a reply on behalf of the IRS. Signed by Judge James E. Boasberg on 1/5/15. (lcjeb2) (Entered: 01/05/2015)
2015-01-05MINUTE ORDER: The Court ORDERS that Plaintiff's 127 Motion for Reconsideration is DENIED. Both parties agree that the matters sought in Plaintiff's July 26, 2014, FOIA request are the same as in his September 19, 2013, request, although restricted in time. EOUSA has identified such records and requires $2618 in search fees, which Plaintiff does not wish to pay. The Court, accordingly, further ORDERS that if the narrower request results in a diminution in search fees, EOUSA shall so inform Plaintiff. Otherwise, there is no basis to permit supplementation of the Complaint with this request. Signed by Judge James E. Boasberg on 1/5/15. (lcjeb2) (Entered: 01/05/2015)
2015-01-05Set/Reset Deadline: Defendants USPIS and IRS shall have until 1/16/2015, to file a new dispositive motion on behalf of the USPIS and a reply on behalf of the IRS. (kt) (Entered: 01/05/2015)
2015-01-07137REPLY to opposition to motion re 128 MOTION for Reconsideration re 124 Order on Motion to Compel,,, filed by UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Declaration 7th Supp.Declaration of David Hardy)(Whitaker, Claire) (Entered: 01/07/2015)
2015-01-09138ORDER: The Court ORDERS that: 1) The FBI's 128 Motion for Reconsideration is GRANTED; and 2) The Bureau shall produce all non-exempt documents contained on the two CDs and flash drive by January 30, 2015. Signed by Judge James E. Boasberg on 1/9/15. (lcjeb2) Modified on 1/9/2015 to include the Judge's signature (ad). (Entered: 01/09/2015)
2015-01-09MINUTE ORDER: As a result of the Court's Order 138 granting the FBI's Motion for Reconsideration, the Court ORDERS that Plaintiff's 135 Motion for Order to Show Cause is DENIED as moot. Signed by Judge James E. Boasberg on 1/9/15. (lcjeb2) (Entered: 01/09/2015)
2015-01-09Set/Reset Deadline: The Bureau shall produce all non-exempt documents contained on the two CDs and flash drive by 1/30/2015. (kt) (Entered: 01/09/2015)
2015-01-13139MOTION for Partial Summary Judgment Against the EOUSA re: OPR's Referral and Memorandum of Points and Authorities in Support by GREGORY BARTKO (Attachments: # 1 Exhibit #1 FOIA request to OPR 7/26/14, # 2 Exhibit #2 OPR letter 9/10/14, # 3 Exhibit #3 Bartko appeal letter to OIP 9/25/14, # 4 Exhibit #4 OIP letter 10/10/14, # 5 Exhibit #5 OPR referral to EOUSA 9/12/14, # 6 Exhibit #6 OPR letter 12/17/14, # 7 Exhibit #7 Bartko letter to Whitaker 12/26/14)(BARTKO, GREGORY) (Entered: 01/13/2015)
2015-01-16140MOTION for Extension of Time to file USPIS renr\ewed dispositive motion and rely, if any, by IRS by UNITED STATES DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE, UNITED STATES POSTAL INSPECTION SERVICE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 01/16/2015)
2015-01-20MINUTE ORDER GRANTING 140 Motion for Extension of Time. The Court ORDERS that Defendant USPIS shall have until January 30, 2015, to file a renewed dispositive motion, and any reply by the IRS is due by January 30, 2015. Signed by Judge James E. Boasberg on 1/20/15. (lcjeb2) (Entered: 01/20/2015)
2015-01-20Set/Reset Deadlines: The Defendant USPIS shall have until 1/30/2015, to file a renewed dispositive motion, and any reply by the IRS is due by 1/30/2015. (kt) (Entered: 01/20/2015)
2015-01-28141MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion for Partial Summary Judgment (ECF No. 139) by UNITED STATES DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE OF UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 01/28/2015)
2015-01-29MINUTE ORDER GRANTING 141 Motion for Extension of Time. The Court ORDERS that EOUSA shall have until March 2, 2015, to respond to Plaintiff's 139 Motion for Partial Summary Judgment. Signed by Judge James E. Boasberg on 1/29/15. (lcjeb2) (Entered: 01/29/2015)
2015-01-29Set/Reset Deadline: EOUSA shall have until 3/02/2015, to respond to Plaintiff's 139 Motion for Partial Summary Judgment. (ad) (Entered: 01/29/2015)
2015-01-30142STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE OFFICE PROFESSIONAL RESPONSIBILITY, UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Whitaker, Claire) (Entered: 01/30/2015)
2015-01-30143MOTION for Extension of Time to file partial motion for summary judgment by UNITED STATES POSTAL INSPECTION SERVICE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 01/30/2015)
2015-02-02MINUTE ORDER GRANTING 143 Motion for Extension of Time. The Court ORDERS that Defendant USPIS shall have until February 6, 2015, to file a renewed dispositive motion. Signed by Judge James E. Boasberg on 2/2/15. (lcjeb2) (Entered: 02/02/2015)
2015-02-02Set/Reset Deadline: Defendant USPIS shall have until 2/06/2015, to file a renewed dispositive motion. (ad) (Entered: 02/02/2015)
2015-02-06144STATUS REPORT (Report to the Court Relating to Briefing Schedule In Connection With January 30, 2015, Releases By the Federal Bureau of Investigation and Office of Professional Responsibility) by UNITED STATES DEPARTMENT OF JUSTICE OFFICE PROFESSIONAL RESPONSIBILITY, UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Attachment 1, # 2 Attachment 2)(Whitaker, Claire) (Entered: 02/06/2015)
2015-02-06145MOTION for Summary Judgment by UNITED STATES POSTAL INSPECTION SERVICE (Attachments: # 1 Statement of Facts, # 2 Attachment 1 - Williams Declaration, # 3 Attachment 2 - Warner Declaration, # 4 Attachment 3 - Revised Vaughn Index, # 5 Text of Proposed Order)(Whitaker, Claire) (Entered: 02/06/2015)
2015-02-09146ORDER: The Court ORDERS that: 1) The IRS's and USPIS's 58 Motion for Summary Judgment is GRANTED IN PART and WITHDRAWN IN PART; and 2) Plaintiff's 65 Motion for Partial Summary Judgment is DENIED. Signed by Judge James E. Boasberg on 2/9/15. (lcjeb2) (Entered: 02/09/2015)
2015-02-09147MEMORANDUM AND OPINION re 146 Order on Motion for Summary Judgment. Signed by Judge James E. Boasberg on 2/9/15. (lcjeb2) (Entered: 02/09/2015)
2015-02-09148ORDER directing Plaintiff to respond to Defendant USPIS's 145 Motion for Summary Judgment no later than March 5, 2015. Signed by Judge James E. Boasberg on 2/9/15. (lcjeb2) (Entered: 02/09/2015)
2015-02-09Set/Reset Deadline: Plaintiff shall respond to the Defendant USPIS's 145 Motion for Summary Judgment no later than 3/5/2015. (ad) (Entered: 02/09/2015)
2015-02-11149MOTION for Preliminary Injunction Order to Expedite Processing, Release of Non-Exempt records, Submission of Vaughn Indices Justifying Withholdings and Memorandum of Points and Authorities in Support by GREGORY BARTKO (Attachments: # 1 Exhibit A Bartko Declaration in Support of Motion, # 2 Exhibit B USA Today article dtd Jan 27, 2015, # 3 Exhibit C WSJ article dtd Jan 3-4, 2015, # 4 Exhibit D WSJ article dtd Jan 6, 2015)(BARTKO, GREGORY) (Entered: 02/11/2015)
2015-02-12150STATUS REPORT To The Court Relating to Briefing Schedule by GREGORY BARTKO. (Attachments: # 1 Exhibit A EOUSA letter dated Feb 5, 2015)(BARTKO, GREGORY) (Entered: 02/12/2015)
2015-02-13MINUTE ORDER: Having reviewed the parties' separate Status Reports, the Court ORDERS that: 1) OPR shall by March 23, 2015, submit its Vaughn Index and motion for summary judgment; 2) The FBI shall do the same by May 4, 2015; and 3) Should Plaintiff decide to limit his challenges, then he may move the Court for earlier due dates. Signed by Judge James E. Boasberg on 2/13/15. (lcjeb2) (Entered: 02/13/2015)
2015-02-13Set/Reset Deadlines: OPR shall by 3/23/2015, submit its Vaughn Index and motion for summary judgment; The FBI shall do the same by 5/04/2015. (ad) (Entered: 02/13/2015)
2015-02-25151Memorandum in opposition to re 149 MOTION for Preliminary Injunction Order to Expedite Processing, Release of Non-Exempt records, Submission of Vaughn Indices Justifying Withholdings and Memorandum of Points and Authorities in Support filed by UNITED STATES DEPARTMENT OF JUSTICE OFFICE PROFESSIONAL RESPONSIBILITY, UNITED STATES DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE OF UNITED STATES ATTORNEY, UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES POSTAL INSPECTION SERVICE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 02/25/2015)
2015-02-27152Renewed MOTION for Partial Summary Judgment Against Def USPIS and Combined Response to Motion for Partial Summary Judgment on Behalf of USPIS (DE 145) by GREGORY BARTKO (Attachments: # 1 Statement of Facts Exh A Plaintiff's Statement of Undisputed Material Facts, # 2 Exhibit Exh B Bartko Habeas Petition, # 3 Exhibit Exh C USPIS letters dtd 121114 and 011615, # 4 Exhibit Exh D Hollenbeck Trial transcript, # 5 Exhibit Plummer Leamon trial transcript)(BARTKO, GREGORY) Modified to add text on 3/2/2015 (td, ). (Entered: 02/27/2015)
2015-02-27153RESPONSE re 145 MOTION for Summary Judgment On Behalf of United States Postal Inspection Service filed by GREGORY BARTKO. (BARTKO, GREGORY) (Entered: 02/27/2015)
2015-03-02154MOTION for Extension of Time to oppose Plaintiff's Motion for Partial Summary Judgment and to file a dispositive motion by UNITED STATES DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE OF UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 03/02/2015)
2015-03-03MINUTE ORDER granting 154 Motion for Extension of Time. The Court ORDERS that Defendant EOUSA shall have until March 5, 2015, to file an opposition to Plaintiff's 139 Motion and a dispositive motion addressing documents referred by the Office of Professional Responsibility. Signed by Judge James E. Boasberg on 3/3/15. (lcjeb2) (Entered: 03/03/2015)
2015-03-03Set/Reset Deadline: Defendant EOUSA shall have until 3/05/2015, to file an opposition to Plaintiff's 139 Motion and a dispositive motion addressing documents referred by the Office of Professional Responsibility. (ad) (Entered: 03/03/2015)
2015-03-03155REPLY to opposition to motion re 149 MOTION for Preliminary Injunction Order to Expedite Processing, Release of Non-Exempt records, Submission of Vaughn Indices Justifying Withholdings and Memorandum of Points and Authorities in Support filed by GREGORY BARTKO. (Attachments: # 1 Exh A 4 letters to Ms. Whitaker various dates, # 2 Exh B Wall St Journal article, # 3 Exh C letter from FBI 1/30/15, # 4 Exh D letter from OPR 1/29/15, # 5 Exh E letter to Ms. Whitaker 12/26/14, # 6 Exh F letter from EOUSA 2/9/15, # 7 Exh G letter to Ms. Gerson 2/20/15)(BARTKO, GREGORY) (Entered: 03/03/2015)
2015-03-04156MOTION to Dismiss , MOTION for Summary Judgment relating to referred documents from OPR by UNITED STATES DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE OF UNITED STATES ATTORNEY (Attachments: # 1 Exhibit Attachment 1 (Luczynski Dec. and Ex. A-C), # 2 Exhibit Attachment 2 (Vaughn Index), # 3 Statement of Facts, # 4 Text of Proposed Order)(Whitaker, Claire) (Entered: 03/04/2015)
2015-03-04157Memorandum in opposition to re 139 MOTION for Partial Summary Judgment Against the EOUSA re: OPR's Referral and Memorandum of Points and Authorities in Support filed by UNITED STATES DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE OF UNITED STATES ATTORNEY. (Whitaker, Claire) (Entered: 03/04/2015)
2015-03-11158MOTION for Extension of Time to File Response/Reply to ECF No. 152 (Plaintiff's Renewed Cross Motion for Partial Summary Judgment and Combined Response to USPIS Motion for Summary Judgment) by UNITED STATES POSTAL INSPECTION SERVICE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 03/11/2015)
2015-03-11159REPLY to opposition to motion re 139 MOTION for Partial Summary Judgment Against the EOUSA re: OPR's Referral and Memorandum of Points and Authorities in Support filed by GREGORY BARTKO. (Attachments: # 1 Exh A EOUSA letter 110113, # 2 Exh B EOUSA letter 20515, # 3 Exh C Letter to EOUSA 22015, # 4 Exh D Letter dated 10715, # 5 Exh E Letters dated 92514,101014,122914, 12115, 30515, # 6 Exh F OIP letter 12115, # 7 Exh G White Paper Center for Prosecutor Integrity, # 8 Exh H Stanford Crime Law Review article, # 9 Exh I EOUSA letter 51914, # 10 Exh J Winston Salem Journal article, # 11 Exh K Prison Legal News article pg 1)(BARTKO, GREGORY) (Entered: 03/11/2015)
2015-03-11160RESPONSE re 156 MOTION to Dismiss MOTION for Summary Judgment relating to referred documents from OPR to EOUSA filed by GREGORY BARTKO. (BARTKO, GREGORY) (Entered: 03/11/2015)
2015-03-12MINUTE ORDER granting 158 Motion for Extension of Time to File. The Court ORDERS that USPIS has to and including March 31, 2015, to file a response to Plaintiff's Renewed Motion for Partial Summary Judgment and to reply to Plaintiff's opposition to the USPIS's Renewed Motion for Summary Judgment. Signed by Judge James E. Boasberg on 3/12/15. (lcjeb2) (Entered: 03/12/2015)
2015-03-12Set/Reset Deadline: USPIS has to and including 3/31/2015, to file a response to Plaintiff's Renewed Motion for Partial Summary Judgment and to reply to Plaintiff's opposition to the USPIS's Renewed Motion for Summary Judgment. (ad) (Entered: 03/12/2015)
2015-03-12161ORDER DENYING 149 Motion for Preliminary Injunction. Signed by Judge James E. Boasberg on 3/12/15. (lcjeb2) (Entered: 03/12/2015)
2015-03-23162MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE OFFICE PROFESSIONAL RESPONSIBILITY (Attachments: # 1 Exhibit Attachment 1 (Barnett Dec. and VI), # 2 Statement of Facts, # 3 Text of Proposed Order)(Whitaker, Claire) (Entered: 03/23/2015)
2015-03-24163ORDER: The Court ORDERS that Plaintiff shall file his opposition or other response to Defendant's 162 Motion for Summary Judgment not later than April 7, 2015. Signed by Judge James E. Boasberg on 3/24/15. (lcjeb2) (Entered: 03/24/2015)
2015-03-24Set/Reset Deadline: Plaintiff shall file his opposition or other response to Defendant's 162 Motion for Summary Judgment not later than 4/7/2015. (ad) (Entered: 03/24/2015)
2015-03-31164MOTION for Extension of Time to File Response/Reply as to 152 MOTION for Partial Summary Judgment Against Def USPIS and Combined Response to Motion for Partial Summary Judgment on Behalf of USPIS (DE 145) , 145 MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE OFFICE PROFESSIONAL RESPONSIBILITY (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 03/31/2015)
2015-03-31MINUTE ORDER granting 164 Motion for Extension of Time. The Court ORDERS that Defendant's reply to Plaintiff's joint filing of February 27, 2015, is due April 7, 2015. Signed by Judge James E. Boasberg on 3/31/15. (lcjeb2) (Entered: 03/31/2015)
2015-04-01Set/Reset Deadline: Defendant's reply to Plaintiff's joint filing of February 27, 2015, is due 4/7/2015. (ad) (Entered: 04/01/2015)
2015-04-06165RESPONSE re 162 MOTION for Summary Judgment and Plaintiff Cross Motion for Summary Judgment OPR filed by GREGORY BARTKO. (Attachments: # 1 Statement of Facts Plaintiff Response to OPR's Statement of Material Facts Not in Genuine Dispute and Plaintiff Statement of Material Facts not in Genuine Dispute, # 2 Exh 1 OPR letter dated 9/10/14, # 3 Exh 2 Bartko letter to Whitaker dated 12/26/14, # 4 Exh 3 OIP letter dated 1/21/15)(BARTKO, GREGORY) (Entered: 04/06/2015)
2015-04-06166Cross MOTION for Summary Judgment and Combined Response to the OPR's Motion for Summary Judgment by GREGORY BARTKO (BARTKO, GREGORY) (Entered: 04/06/2015)
2015-04-07167Memorandum in opposition to re 152 MOTION for Partial Summary Judgment Against Def USPIS and Combined Response to Motion for Partial Summary Judgment on Behalf of USPIS (DE 145) filed by UNITED STATES POSTAL INSPECTION SERVICE. (Attachments: # 1 Defendant's Response to Plaintiff's Statement of Facts, ECF No. 152-1, # 2 Declaration Supplemental Declaration of Tammy A. Warner, # 3 Text of Proposed Order)(Whitaker, Claire) (Entered: 04/07/2015)
2015-04-07168REPLY to opposition to motion re 145 MOTION for Summary Judgment filed by UNITED STATES POSTAL INSPECTION SERVICE. (Whitaker, Claire) (Entered: 04/07/2015)
2015-04-09169ERRATA by UNITED STATES POSTAL INSPECTION SERVICE 167 Memorandum in Opposition, filed by UNITED STATES POSTAL INSPECTION SERVICE, 168 Reply to opposition to Motion filed by UNITED STATES POSTAL INSPECTION SERVICE. (Attachments: # 1 Exhibit 1, Attachment 1 - Bartko's FOIA Request to the USPIS, # 2 Exhibit 2 - Bartko's FOIA Request to the Federal Bureau of Investigation (FBI), # 3 Exhibit 3 - Bartko's FOIA Request to the Office of Professional Responsibility (OPR))(Whitaker, Claire) (Entered: 04/09/2015)
2015-04-14170REPLY to opposition to motion re 152 MOTION for Partial Summary Judgment Against Def USPIS and Combined Response to Motion for Partial Summary Judgment on Behalf of USPIS (DE 145) filed by GREGORY BARTKO. (Attachments: # 1 Declaration Plaintiff Supplemental Declaration)(BARTKO, GREGORY) (Entered: 04/14/2015)
2015-04-20171MOTION for Extension of Time to File Response/Reply as to 162 MOTION for Summary Judgment , 166 Cross MOTION for Summary Judgment and Combined Response to the OPR's Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE OFFICE PROFESSIONAL RESPONSIBILITY (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 04/20/2015)
2015-04-20MINUTE ORDER granting 171 Motion for Extension of Time. The Court ORDERS that the Office of Professional Responsibility's Opposition to Plaintiff's Cross-Motion for Summary Judgment and Reply to Plaintiff's Combined Response to OPR's Motion for Summary Judgment are due on Thursday, April 23, 2015. Signed by Judge James E. Boasberg on 4/20/15. (lcjeb2) (Entered: 04/20/2015)
2015-04-21Set/Reset Deadline: The Office of Professional Responsibility's Opposition to Plaintiff's Cross-Motion for Summary Judgment and Reply to Plaintiff's Combined Response to OPR's Motion for Summary Judgment are due on 4/23/2015. (ad) (Entered: 04/21/2015)
2015-04-23172Memorandum in opposition to re 162 MOTION for Summary Judgment , 166 Cross MOTION for Summary Judgment and Combined Response to the OPR's Motion for Summary Judgment , including reply to 165 filed by UNITED STATES DEPARTMENT OF JUSTICE OFFICE PROFESSIONAL RESPONSIBILITY. (Attachments: # 1 Exhibit Attachment 1 (5th Declaration of Ginae Barnett), # 2 Statement of Facts Statement addressing Plaintiff's Statement of Undisputed Facts, # 3 Text of Proposed Order)(Whitaker, Claire) (Entered: 04/23/2015)
2015-04-23173REPLY to opposition to motion re 162 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE OFFICE PROFESSIONAL RESPONSIBILITY; (See docket entry No. 172 to view document.) (td, ) (Entered: 04/24/2015)
2015-04-30174REPLY to opposition to motion re 166 Cross MOTION for Summary Judgment and Combined Response to the OPR's Motion for Summary Judgment filed by GREGORY BARTKO. (BARTKO, GREGORY) (Entered: 04/30/2015)
2015-05-04175NOTICE of Filing of FBI's Vaughn Index and Declaration by UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Exhibit Second Declaration of David Hardy, # 2 Exhibit Exhibit Y)(Whitaker, Claire) (Entered: 05/04/2015)
2015-05-04176MOTION for Extension of Time to file motion for summary judgment by UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 05/04/2015)
2015-05-04177Vaughn Index from defendant FBI. (See docket entry no. 175 to view) (td, ) (Entered: 05/05/2015)
2015-05-05MINUTE ORDER granting 176 Motion for Extension of Time. The Court ORDERS that Defendant FBI has until May 8, 2015, to file its motion for summary judgment. Signed by Judge James E. Boasberg on 5/5/15. (lcjeb2) (Entered: 05/05/2015)
2015-05-05Set/Reset Deadline: Defendant FBI has until 5/082015, to file its motion for summary judgment. (ad) (Entered: 05/05/2015)
2015-05-06178ORDER: The Court ORDERS that: 1) Plaintiff's 139 Motion for Partial Summary Judgment is DENIED; and 2) Defendant EOUSA's 156 Motion to Dismiss is GRANTED as to fees, and its Motion for Partial Summary Judgment as to the 101 released pages is GRANTED. Signed by Judge James E. Boasberg on 5/6/15. (lcjeb2) (Entered: 05/06/2015)
2015-05-06179MEMORANDUM AND OPINION re 178 Order on Motion for Summary Judgment. Signed by Judge James E. Boasberg on 5/6/15. (lcjeb2) (Entered: 05/06/2015)
2015-05-08180MOTION for Summary Judgment (Renewed) by UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Exhibit Attachment 1 (Second Declaration of David Hardy), # 2 Exhibit Exhibits A - X, # 3 Exhibit Exhibit Y, # 4 Statement of Facts, # 5 Text of Proposed Order)(Whitaker, Claire) (Entered: 05/08/2015)
2015-05-11181ORDER directing Plaintiff to respond to Defendant's 180 Motion for Summary Judgment no later than May 26, 2015. Signed by Judge James E. Boasberg on 5/11/15. (lcjeb2) (Entered: 05/11/2015)
2015-05-11Set/Reset Deadline: Plaintiff to respond to Defendant's 180 Motion for Summary Judgment no later than by 5/26/2015. (ad) (Entered: 05/11/2015)
2015-05-26182Cross MOTION for Partial Summary Judgment Against the Defendant FBI and Response to FBI's Renewed Motion for Partial Summary Judment (DE 180) by GREGORY BARTKO (Attachments: # 1 Declaration Attachment A Plaintiff Declaration Supporting Cross-Motion for Partial Summary Judgement Against FBI, # 2 Attachment B Plaintiff Response to Defendant Statement of Material Facts Not in Dispute, # 3 Exhibit Exhibit 1 Copy of docket entry 130, # 4 Exhibit Exhibit 2 DE 458 Consent Motion For Travel Authorization and Motion to File Under Seal)(BARTKO, GREGORY) (Entered: 05/26/2015)
2015-05-26183RESPONSE re 180 MOTION for Summary Judgment (Renewed) filed by GREGORY BARTKO. (BARTKO, GREGORY) (Entered: 05/26/2015)
2015-06-02184ORDER: As set forth in the accompanying Memorandum Opinion, the Court ORDERS that: 1) Plaintiff's 152 Motion for Partial Summary Judgment is GRANTED IN PART and DENIED IN PART; 2) The United States Postal Inspection Service's 145 Motion for Summary Judgment is DENIED; and 3) The USPIS shall file a status report by June 17, 2015, indicating how it would like to proceed. Signed by Judge James E. Boasberg on 6/2/15. (lcjeb1) (Entered: 06/02/2015)
2015-06-02185MEMORANDUM OPINION re 184 Order. Signed by Judge James E. Boasberg on 6/2/15. (lcjeb1) (Entered: 06/02/2015)
2015-06-03Set/Reset Deadline: The USPIS shall file a status report by 6/17/2015, indicating how it would like to proceed. (ad) (Entered: 06/03/2015)
2015-06-05186MOTION for Extension of Time to File Response/Reply as to 182 Cross MOTION for Partial Summary Judgment Against the Defendant FBI and Response to FBI's Renewed Motion for Partial Summary Judment (DE 180) by UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 06/05/2015)
2015-06-08MINUTE ORDER: Although it is hardly best policy to seek an extension of time after 5:00 p.m. on the date a filing is due, the Court ORDERS that the 186 Motion is GRANTED and the Government may submit one pleading on June 12, 2015. Signed by Judge James E. Boasberg on 6/8/15. (lcjeb2) (Entered: 06/08/2015)
2015-06-08Set/Reset Deadline: The Government may submit one pleading on 6/12/2015. (ad) (Entered: 06/08/2015)
2015-06-12187Memorandum in opposition to re 182 Cross MOTION for Partial Summary Judgment Against the Defendant FBI and Response to FBI's Renewed Motion for Partial Summary Judment (DE 180) filed by UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Response to facts in Plaintiff's declaration, # 2 Text of Proposed Order)(Whitaker, Claire) (Entered: 06/12/2015)
2015-06-12188REPLY to opposition to motion re 180 MOTION for Summary Judgment (Renewed) filed by UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Whitaker, Claire) (Entered: 06/12/2015)
2015-06-17189MOTION for Extension of Time to File Response/Reply (to the Court's June 6, 2015, order directing the USPIS to provide a status report as to how it would like to proceed further in this case) , MOTION for Extension of Time to by UNITED STATES POSTAL INSPECTION SERVICE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 06/17/2015)
2015-06-18MINUTE ORDER granting Defendant USPIS's 189 Motion for Extension of Time to File Status Report. The Court ORDERS that USPIS shall file its status report on or before June 24, 2015. Signed by Judge James E. Boasberg on 06/18/2015. (lcjeb3) (Entered: 06/18/2015)
2015-06-18Set/Reset Deadline: USPIS shall file its status report on or before 6/24/2015. (ad) (Entered: 06/18/2015)
2015-06-19190REPLY to opposition to motion re 182 Cross MOTION for Partial Summary Judgment Against the Defendant FBI and Response to FBI's Renewed Motion for Partial Summary Judment (DE 180) filed by GREGORY BARTKO. (Attachments: # 1 Exhibit Exh A: USA Today article dated 9/23/2010, # 2 Exhibit Exh B: AP article dated June 12, 2015 and Judgment of Disbarment)(BARTKO, GREGORY) (Entered: 06/19/2015)
2015-06-24191STATUS REPORT (re how the USPIS wishes to proceed) by UNITED STATES POSTAL INSPECTION SERVICE. (Whitaker, Claire) (Entered: 06/24/2015)
2015-06-29MINUTE ORDER: Per Defendant USPIS's 191 Status Report, the Court ORDERS that it shall submit a new declaration(s) and Vaughn Index to Plaintiff by July 8, 2015, and a renewed motion for summary judgment by July 29, 2015. Signed by Judge James E. Boasberg on 6/29/15. (lcjeb2) (Entered: 06/29/2015)
2015-06-29Set/Reset Deadlines: Defendant USPIS shall submit a new declaration(s) and Vaughn Index to Plaintiff by 7/08/2015, and a renewed motion for summary judgment by 7/29/2015. (ad) (Entered: 06/29/2015)
2015-06-30MINUTE ORDER: The Court ORDERS that by July 6, 2015, Defendant OPR shall produce to the Court for in camera review the 114 pages withheld in full or in part that are referenced in ECF No. 162 at 1. Signed by Judge James E. Boasberg on 6/30/15. (lcjeb2) (Entered: 06/30/2015)
2015-06-30Set/Reset Deadline: By 7/06/2015, Defendant OPR shall produce to the Court for in camera review the 114 pages withheld in full or in part that are referenced in ECF No. 162 at 1. 7/6/2015. (ad) (Entered: 06/30/2015)
2015-07-02192NOTICE (Notice of Submission of Documents for In Camera Review) by UNITED STATES DEPARTMENT OF JUSTICE OFFICE PROFESSIONAL RESPONSIBILITY re Order, (Whitaker, Claire) (Entered: 07/02/2015)
2015-07-09193CERTIFICATE OF SERVICE by UNITED STATES POSTAL INSPECTION SERVICE re Order, dated June 29, 2015 . (Whitaker, Claire) (Entered: 07/09/2015)
2015-07-28194MOTION for Extension of Time to file Renewed Motion for Summary Judgment on behalf of the USPIS by UNITED STATES POSTAL INSPECTION SERVICE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 07/28/2015)
2015-07-29MINUTE ORDER granting Defendants' 194 Motion for Extension of Time. The Court ORDERS that Defendants shall file their renewed dispositive motion on or before August 12, 2015. Signed by Judge James E. Boasberg on 7/29/15. (lcjeb1) (Entered: 07/29/2015)
2015-07-29Set/Reset Deadline: Defendants shall file their renewed dispositive motion on or before 8/12/2015. (ad) (Entered: 07/29/2015)
2015-08-04195MOTION for Leave to File Motion for Leave to Conduct Limited Discovery with USPIS under Rule 33 and For an Order to Show Cause by GREGORY BARTKO (Attachments: # 1 Exhibit Exh A: 2 Vaughn Indices and 2 Declarations, # 2 Exhibit Exh B: 2 Bragdon emails)(BARTKO, GREGORY). Added MOTION for Order to Show Cause on 8/4/2015....WITHDRAWN PURSUANT TO NOTICE FILED 10/5/2015. (znmw). Modified on 10/6/2015 (znmw). (Entered: 08/04/2015)
2015-08-07196MOTION for Extension of Time to file Renewed Motion for Summary Judgment with Opposition to Plaintiff's Motion for Leave to Conduct Limited Discovery by UNITED STATES POSTAL INSPECTION SERVICE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 08/07/2015)
2015-08-10MINUTE ORDER granting Defendant USPIS's 196 Motion for Extension of Time to File. The Court ORDERS that Defendant USPIS shall file its renewed motion for summary judgment and response to Plaintiffs Motion for Leave to Conduct Limited Discovery and for an Order to Show Cause on or before August 21, 2015. Signed by Judge James E. Boasberg on 8/10/15. (lcjeb1) (Entered: 08/10/2015)
2015-08-10Set/Reset Deadlines: Defendant USPIS shall file its renewed motion for summary judgment and response to Plaintiffs Motion for Leave to Conduct Limited Discovery and for an Order to Show Cause on or before 8/21/2015. (ad) (Entered: 08/10/2015)
2015-08-17197NOTICE (Notice of Service of Bate-Stamped Records to Plaintiff) by UNITED STATES POSTAL INSPECTION SERVICE (Whitaker, Claire) (Entered: 08/17/2015)
2015-08-18198ORDER: For the reasons set forth in the accompanying Memorandum Opinion, the Court ORDERS that: 1) Defendant OPR's 162 Motion for Summary Judgment is GRANTED; 2) Plaintiff's 166 Cross-Motion for Summary Judgment is DENIED; and 3) Judgment is ENTERED on behalf of OPR only. Signed by Judge James E. Boasberg on 8/18/15. (lcjeb1) (Entered: 08/18/2015)
2015-08-18199MEMORANDUM OPINION re 198 Order. Signed by Judge James E. Boasberg on 8/18/15. (lcjeb1) (Entered: 08/18/2015)
2015-08-20200MOTION for Extension of Time to file renewed motion for summary judgment and opposition for leave to conduct limited discovery by UNITED STATES POSTAL INSPECTION SERVICE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 08/20/2015)
2015-08-21MINUTE ORDER granting 200 Motion for Extension of Time to File. The Court ORDERS that Defendant USPIS shall file its renewed motion for summary judgment and response to Plaintiff's Motion for Leave to Conduct Limited Discovery and for an Order to Show Cause on or before September 9, 2015. Signed by Judge James E. Boasberg on 8/21/15. (lcjeb1) (Entered: 08/21/2015)
2015-08-21Set/Reset Deadline: Defendant USPIS shall file its renewed motion for summary judgment and response to Plaintiff's Motion for Leave to Conduct Limited Discovery and for an Order to Show Cause on or before 9/9/2015. (ad) (Entered: 08/21/2015)
2015-08-26201MOTION for Extension of Time to file Renewed Motion for Summary Judgment and Opposition to Motion for Leave to Conduct Limited Discovery (to September 23, 2015, vice September 9, 2015) by UNITED STATES POSTAL INSPECTION SERVICE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 08/26/2015)
2015-08-26MINUTE ORDER granting Defendant USPIS's 201 Motion for Extension of Time to File. The Court ORDERS that Defendant USPIS shall file its renewed motion for summary judgment and response to Plaintiff's Motion for Leave to Conduct Limited Discovery and for an Order to Show Cause on or before September 23, 2015. Signed by Judge James E. Boasberg on 8/26/15. (lcjeb1) (Entered: 08/26/2015)
2015-08-27Set/Reset Deadlines: Defendant USPIS shall file its renewed motion for summary judgment and response to Plaintiff's Motion for Leave to Conduct Limited Discovery and for an Order to Show Cause on or before 9/23/2015. (ad) (Entered: 08/27/2015)
2015-09-22202MOTION for Reconsideration of the Court's Memorandum Opinion and Order DE 198 & DE 199 by GREGORY BARTKO (Attachments: # 1 Exhibit A: Wheeler Declaration, # 2 Exhibit B: DE458 Consent Motion for Travel Authorization, # 3 Exhibit C: Motion for Court Appointed Counsel, # 4 Exhibit D: POGO report dated March 2014)(BARTKO, GREGORY) (Entered: 09/22/2015)
2015-09-23203MOTION for Extension of Time to file Renewed Motion for Summary Judgment and , MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion for Leave to Conduct Limited Discovery and Order to Show Cause by UNITED STATES POSTAL INSPECTION SERVICE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 09/23/2015)
2015-09-23MINUTE ORDER granting Defendant USPIS's 203 Motion for Extension of Time to File. The Court ORDERS that Defendant USPIS shall file its Renewed Motion for Summary Judgment and its Response to Plaintiff's Motion for Leave to Conduct Limited Discovery and for an Order to Show Cause on or before September 30, 2015. Signed by Judge James E. Boasberg on 9/23/15. (lcjeb1) (Entered: 09/23/2015)
2015-09-25Set/Reset Deadlines: Defendant USPIS shall file its Renewed Motion for Summary Judgment and its Response to Plaintiff's Motion for Leave to Conduct Limited Discovery and for an Order to Show Cause on or before 9/30/2015. (ad) (Entered: 09/25/2015)
2015-09-30204MOTION for Summary Judgment (Renewed) by UNITED STATES POSTAL INSPECTION SERVICE (Attachments: # 1 Exhibit Attachment 1 (FOIA Request to USPIS), # 2 Declaration Attachment 2 (Declaration of Kimberly Williams), # 3 Declaration Attachment 3 (Declaration of Tammy Warner and Vaughn Index), # 4 Statement of Facts, # 5 Text of Proposed Order)(Whitaker, Claire) (Entered: 09/30/2015)
2015-09-30205Memorandum in opposition to re 195 MOTION for Leave to File Motion for Leave to Conduct Limited Discovery with USPIS under Rule 33 and For an Order to Show Cause filed by UNITED STATES POSTAL INSPECTION SERVICE. (Whitaker, Claire) (Entered: 09/30/2015)
2015-10-01206ORDER directing Plaintiff to respond to Defendant United States Postal Inspection Service's Renewed 204 Motion for Summary Judgment no later than October 22, 2015. Signed by Judge James E. Boasberg on 10/1/15. (lcjeb1) (Entered: 10/01/2015)
2015-10-01Set/Reset Deadlines: Response to Renewed 204 Motion for Summary Judgment due by 10/22/2015. (tg) (Entered: 10/01/2015)
2015-10-05207MOTION for Extension of Time to File Response/Reply to Coordinate with the Court's Order and Notice of Withdrawal of Request for an Order to Show Cause by GREGORY BARTKO (Attachments: # 1 Proposed Order)(BARTKO, GREGORY) (Entered: 10/05/2015)
2015-10-05208NOTICE of Withdrawal of Request for an Order to Show Cause USPIS by GREGORY BARTKO (BARTKO, GREGORY) (Entered: 10/05/2015)
2015-10-05MINUTE ORDER granting Plaintiff's 207 Motion for Extension of Time to File. The Court ORDERS that Plaintiff shall file his Reply to Defendant USPIS's combined 204 , 205 Opposition to Plaintiff's 195 Motion for Discovery. Signed by Judge James E. Boasberg on 10/5/15. (lcjeb1) (Entered: 10/05/2015)
2015-10-09209Memorandum in opposition to re 202 MOTION for Reconsideration of the Court's Memorandum Opinion and Order DE 198 & DE 199 filed by UNITED STATES DEPARTMENT OF JUSTICE OFFICE PROFESSIONAL RESPONSIBILITY. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 10/09/2015)
2015-10-16210REPLY to opposition to motion re 202 MOTION for Reconsideration of the Court's Memorandum Opinion and Order DE 198 & DE 199 for Defendant OPR filed by GREGORY BARTKO. (Attachments: # 1 Exhibit A: Article by Ari Shapiro)(BARTKO, GREGORY) (Entered: 10/16/2015)
2015-10-18211Cross MOTION for Partial Summary Judgment Against Defendant USPIS by GREGORY BARTKO (Attachments: # 1 Exhibit A: USPIS letter dtd 3/14/13, # 2 Exhibit B: Franklin Declaration, # 3 Exhibit C: Colvin trial testimony, # 4 Exhibit D: Laws trial testimony, # 5 Declaration E: Bartko Declaration, # 6 Statement of Facts F:Bartko 2nd Statement of Material Undisputed Facts, # 7 Exhibit G: Plaintiff response to USPIS Statement of Material Facts not in Dispute)(BARTKO, GREGORY) (Entered: 10/18/2015)
2015-10-18212RESPONSE re 204 MOTION for Summary Judgment (Renewed) Against Defendant USPIS filed by GREGORY BARTKO. (BARTKO, GREGORY) (Entered: 10/18/2015)
2015-10-18213REPLY to opposition to motion re 195 MOTION for Leave to File Motion for Leave to Conduct Limited Discovery with USPIS under Rule 33 and For an Order to Show Cause MOTION for Order to Show Cause filed by GREGORY BARTKO. (BARTKO, GREGORY) (Entered: 10/18/2015)
2015-10-22MINUTE ORDER: The Court ORDERS that Defendants shall produce by October 29, 2015, for in camera review the following five documents referenced in Plaintiff's 202 Motion for Reconsideration: OPR-36a, 36b, 39, 42, and 43. Signed by Judge James E. Boasberg on 10/22/15. (lcjeb1) (Entered: 10/22/2015)
2015-10-22Set/Reset Deadlines: Defendant's production of documents for in camera review due by 10/29/2015. (tg) (Entered: 10/22/2015)
2015-10-27214MOTION for Extension of Time to Defendant's Opposition to Plaintiff's Second Renewed Cross-Motion for Summary Judgment (ECF No. 211) and a Reply to Plaintiff's Opposition to Defendant's Renewed Motion for Summary Judgment (ECF No. 212) by UNITED STATES POSTAL INSPECTION SERVICE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 10/27/2015)
2015-10-28MINUTE ORDER: The Court ORDERS that Defendant USPIS's 214 Motion for Extension of Time to File is GRANTED. Defendant USPIS shall file its Opposition to Plaintiff's Second Renewed Cross-Motion for Summary Judgment and a Reply to Plaintiff's Opposition to Defendant's Renewed Motion for Summary Judgment on or before November 11, 2015. Signed by Judge James E. Boasberg on 10/28/15. (lcjeb1) (Entered: 10/28/2015)
2015-10-28Set/Reset Deadlines: USPIS's Opposition to Plaintiff's Second Renewed Cross-Motion for Summary Judgment and Reply to Plaintiff's Opposition to Defendant's Renewed Motions for Summary Judgment due by 11/11/2015. (tg) (Entered: 10/28/2015)
2015-10-28215NOTICE (Notice of Submission of Documents for In Camera Review) by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE OFFICE PROFESSIONAL RESPONSIBILITY re Order, (Whitaker, Claire) (Entered: 10/28/2015)
2015-10-30216ORDER denying 202 Motion for Reconsideration. Signed by Judge James E. Boasberg on 10/30/15. (lcjeb3) (Entered: 10/30/2015)
2015-11-10217MOTION for Extension of Time to File Response/Reply as to 211 Cross MOTION for Partial Summary Judgment Against Defendant USPIS , 204 MOTION for Summary Judgment (Renewed) (to and including November 25, 2015 by UNITED STATES POSTAL INSPECTION SERVICE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 11/10/2015)
2015-11-12MIUNTE ORDER: The Court ORDERS that Defendant USPIS's 217 Motion for Extension of Time to File Response/Reply is GRANTED. Defendant USPIS shall file its Opposition to Plaintiff's Second Renewed Cross-Motion for Summary Judgment and a Reply to Plaintiff's Opposition to Defendant's Renewed Motion for Summary Judgment on November 25, 2015. Signed by Judge James E. Boasberg on 11/12/15. (lcjeb1) (Entered: 11/12/2015)
2015-11-12Set/Reset Deadlines: Defendant USPIS's Opposition to Plaintiff's Second Renewed Cross-Motion for Summary Judgment and Reply to Plaintiff's Opposition to Defendant's Renewed Motion For Summary Judgment due by 11/25/2015. (tg) (Entered: 11/12/2015)
2015-11-23MINUTE ORDER: The Court ORDERS that the FBI shall produce for in camera review the "CART report" in unredacted form as referenced in the Sixth Supplemental Declaration of David Hardy (ECF No. 128-1) at page 5, note 4. This document is believed to be Bates-numbered pages Bartko-1069-1076. The Court also ORDERS that the FBI shall produce for in camera review the complete, unredacted contents of the thumb drive and two CDs (elsewhere referenced as "digital storage devices"), as referenced in the Second Declaration of David Hardy (ECF No. 175-1) at pages 24-25. The Court ORDERS that the above items shall be produced for in camera review no later than Monday, November 30, 2015. Signed by Judge James E. Boasberg on 11/23/2015. (lcjeb2) (Entered: 11/23/2015)
2015-11-23Set/Reset Deadlines: Production for in camera review due by 11/30/2015. (tg) (Entered: 11/23/2015)
2015-11-25218MOTION for Extension of Time to File Response/Reply as to 211 Cross MOTION for Partial Summary Judgment Against Defendant USPIS by UNITED STATES POSTAL INSPECTION SERVICE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 11/25/2015)
2015-11-30MINUTE ORDER: The Court ORDERS that Defendant USPIS's 218 Motion for Extension of Time to File Response/Reply is GRANTED. Defendant USPIS shall file its Opposition to Plaintiff's Second Renewed Cross-Motion for Summary Judgment and a Reply to Plaintiff's Opposition to Defendant's Renewed Motion for Summary Judgment on or before December 2, 2015. Signed by Judge James E. Boasberg on 11/30/15. (lcjeb1) (Entered: 11/30/2015)
2015-11-30Set/Reset Deadlines: Defendant USPIS's Opposition to Cross Motion for Summary Judgment and Reply to Opposition to Motion for Summary Judgment due by 12/2/2015. (tg) (Entered: 11/30/2015)
2015-11-30219NOTICE (Defendant's Notice of Submission In Camera) by UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION re Order,,, (Whitaker, Claire) (Entered: 11/30/2015)
2015-12-01220ORDER REQUIRING IN CAMERA PRODUCTION: The Court ORDERS that the FBI shall produce for in camera review the records specified in the attached Order by no later than Friday, December 4, 2015. Signed by Judge James E. Boasberg on 12/1/2015. (lcjeb2) (Entered: 12/01/2015)
2015-12-01Set/Reset Deadlines: FBI's production for in camera review due by 12/4/2015. (tg) (Entered: 12/01/2015)
2015-12-02221Memorandum in opposition to re 211 Cross MOTION for Partial Summary Judgment Against Defendant USPIS , 204 MOTION for Summary Judgment (Renewed) and reply in support of Defendant's Motion filed by UNITED STATES POSTAL INSPECTION SERVICE. (Attachments: # 1 Declaration Attachment 1 - Declaration of Steven Sultan, # 2 Exhibit Attachment 2 - Vaughn Index, # 3 Exhibit Attachment 3 - FBI FOIA Request, # 4 Exhibit Attachment 4 - OPR FOIA Request, # 5 Exhibit Attachment 5 - USPIS FOIA release of 12/2/15, # 6 Statement of Facts addressing Plaintiff's facts, # 7 Text of Proposed Order)(Whitaker, Claire) (Entered: 12/02/2015)
2015-12-04222NOTICE (Defendant's Notice of Submission In Camera) by UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION re 220 Order (Whitaker, Claire) (Entered: 12/04/2015)
2015-12-08223MOTION for Extension of Time to File Response/Reply to Defendant USPIS by GREGORY BARTKO (Attachments: # 1 Text of Proposed Order)(BARTKO, GREGORY) (Entered: 12/08/2015)
2015-12-14MINUTE ORDER granting Plaintiff's 223 Motion for Extension of Time to File. The Court ORDERS that Plaintiff shall file his Reply to Defendant USPIS's 221 Opposition to Plaintiff's Second Renewed Cross-Motion For PartialSummary Judgment on or before December 23, 2015. Signed by Judge James E. Boasberg on 12/14/15. (lcjeb1) (Entered: 12/14/2015)
2015-12-15Set/Reset Deadlines: Plaintiff's Reply to Opposition to Cross Motion for Summary Judgment due by 12/23/2015. (tg) (Entered: 12/15/2015)
2015-12-18224ORDER: For the reasons set forth in the accompanying Memorandum Opinion, the Court ORDERS that: 1) Defendant FBI's 180 Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART; 2) Plaintiff's 182 Cross Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART; and 3) Defendant shall produce documents numbered Bartko pages 80, 244, and 950-53. Signed by Judge James E. Boasberg on 12/18/15. (lcjeb1) (Entered: 12/18/2015)
2015-12-18225MEMORANDUM OPINION re 224 Order granting in part and denying in part Defendant FBI's 180 Motion for Summary Judgment and granting in part and denying in part Plaintiff's 182 Cross Motion for Summary Judgment. Signed by Judge James E. Boasberg on 12/18/15. (lcjeb1) (Entered: 12/18/2015)
2015-12-21226REPLY to opposition to motion re 211 Cross MOTION for Partial Summary Judgment Against Defendant USPIS filed by GREGORY BARTKO. (Attachments: # 1 Exhibit A: Bartko-140)(BARTKO, GREGORY) (Entered: 12/21/2015)
2016-01-14227MOTION for Reconsideration re 225 Memorandum & Opinion, 224 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment,, by UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Declaration 9th Declaration of David Hardy with Ex. A, # 2 Text of Proposed Order (for In camera review), # 3 Text of Proposed Order (for reconsideration motion))(Whitaker, Claire) (Entered: 01/14/2016)
2016-01-14228MOTION for Order (Motion for In Camera Review - See ECF No 227) by UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Whitaker, Claire) (Entered: 01/14/2016)
2016-01-27229Cross MOTION for Reconsideration re 225 Memorandum & Opinion, 224 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment,, and Alternatively Plaintiff's Motion for Certification and Entry of Final Judgment , MOTION for Judgment Against the FBI by GREGORY BARTKO (BARTKO, GREGORY) (Entered: 01/27/2016)
2016-01-27230RESPONSE re 227 MOTION for Reconsideration re 225 Memorandum & Opinion, 224 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment,, filed by GREGORY BARTKO. (BARTKO, GREGORY) (Entered: 01/27/2016)
2016-02-05231MOTION for Extension of Time to File Response/Reply as to 229 Cross MOTION for Reconsideration re 225 Memorandum & Opinion, 224 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment,, and Alternatively Plaintiff's Motion for Certification and Entry of Final Judgment Against the FBI by UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 02/05/2016)
2016-02-08MINUTE ORDER: The Court ORDERS that: 1) Defendant FBI's 231 Motion for Extension of Time to File Response/Reply is GRANTED, and 2) Defendant's Opposition to Plaintiff's Cross Motion for Reconsideration shall be filed on or before February 24, 2016. Signed by Judge James E. Boasberg on 2/8/16. (lcjeb1) (Entered: 02/08/2016)
2016-02-08Set/Reset Deadline: Defendant's Opposition to Plaintiff's Cross Motion for Reconsideration shall be filed on or before 2/24/2016. (ad) (Entered: 02/08/2016)
2016-02-08MINUTE ORDER: The Court ORDERS that by February 16, 2016, Defendant USPIS shall produce for in camera review the 238 pages withheld in full and referenced in ECF No. 221 (Response/Reply) at 13. Signed by Judge James E. Boasberg on 2/8/16. (lcjeb3) (Entered: 02/08/2016)
2016-02-08232MOTION for Extension of Time to Production Due Date for In Camera Review for three working days by UNITED STATES POSTAL INSPECTION SERVICE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 02/08/2016)
2016-02-09MINUTE ORDER: The Court ORDERS that: 1) Defendant USPIS's 232 Motion for Extension of Time to File is GRANTED, and 2) Defendant shall, on or before February 22, 2016, produce for in camera review the 238 pages withheld in full and referenced in ECF No. 221 at 13. Signed by Judge James E. Boasberg on 2/9/16. (lcjeb1) (Entered: 02/09/2016)
2016-02-09Set/Reset Deadline: By 2/16/2016, Defendant USPIS shall produce for in camera review the 238 pages withheld in full and referenced in ECF No. 221 (Response/Reply) at 13. (ad) (Entered: 02/09/2016)
2016-02-09Set/Reset Deadline: Defendant shall, on or before 2/22/2016, produce for in camera review the 238 pages withheld in full and referenced in ECF No. 221 at 13. (ad) (Entered: 02/09/2016)
2016-02-11233MOTION for Leave to File Amended And Corrected Version Of ECF 229 by GREGORY BARTKO (Attachments: # 1 Attachment 1 Cross-Motion for Reconsideration Combined With Response To FBI's Motion For Reconsideration and Motion For Certification and Entry of Final Judgment Against FBI)(BARTKO, GREGORY) (Entered: 02/11/2016)
2016-02-12MINUTE ORDER: The Court ORDERS that Plaintiff's 233 Motion for Leave to File an Amended and Corrected Version of ECF No. 229 is GRANTED. The attachment to his 233 Motion is deemed filed. Signed by Judge James E. Boasberg on 2/12/16. (lcjeb1) (Entered: 02/12/2016)
2016-02-12234MOTION for Reconsideration re 225 Memorandum & Opinion, 224 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment,, and Alternatively, MOTION for Certification and Entry of Final Judgment Against the FBI by GREGORY BARTKO (td) (Entered: 02/16/2016)
2016-02-22235NOTICE of Submission In Camera and Errata by UNITED STATES POSTAL INSPECTION SERVICE re Set/Reset Deadlines (Whitaker, Claire) (Entered: 02/22/2016)
2016-02-24236MOTION for Extension of Time to File Response/Reply as to 234 MOTION for Reconsideration re 225 Memorandum & Opinion, 224 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment,, MOTION for Order, 229 Cross MOTION for Reconsideration re 225 Memorandum & Opinion, 224 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment,, and Alternatively Plaintiff's Motion for Certification and Entry of Final Judgment Against the FBI by UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 02/24/2016)
2016-02-25MINUTE ORDER: The Court ORDERS that: 1) Defendant FBI's 236 Motion for Extension of Time to File is GRANTED; and 2) Defendant FBI shall, by March 2, 2016, file its Opposition to Plaintiff's Cross Motions for Reconsideration, or alternatively Plaintiff's Motions for Certification and Entry of Final Judgment against Defendant FBI, and a Reply to Plaintiff's Opposition to the FBI's Motion for Reconsideration. Signed by Judge James E. Boasberg on 2/25/16.(lcjeb1) (Entered: 02/25/2016)
2016-02-26Set/Reset Deadlines: Defendant FBI shall, by 3/02/2016, file its Opposition to Plaintiff's Cross Motions for Reconsideration, or alternatively Plaintiff's Motions for Certification and Entry of Final Judgment against Defendant FBI, and a Reply to Plaintiff's Opposition to the FBI's Motion for Reconsideration. (ad) (Entered: 02/26/2016)
2016-03-02237RESPONSE re 234 MOTION for Reconsideration re 225 Memorandum & Opinion, 224 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment,, MOTION for Order, 229 Cross MOTION for Reconsideration re 225 Memorandum & Opinion, 224 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment,, and Alternatively Plaintiff's Motion for Certification and Entry of Final Judgment Against the FBI filed by UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 03/02/2016)
2016-03-02238REPLY to opposition to motion re 227 MOTION for Reconsideration re 225 Memorandum & Opinion, 224 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment,, filed by UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Whitaker, Claire) (Entered: 03/02/2016)
2016-03-03239ORDER: For the reasons set forth in the accompanying Memorandum Opinion, the Court ORDERS that 1) Plaintiff's 195 Motion for Discovery is DENIED; 2) Defendant USPIS's 204 Motion for Summary Judgment is GRANTED; 3) Plaintiff's 211 Cross-Motion for Summary Judgment is DENIED; and 4) Judgment is ENTERED in favor of Defendant USPIS. Signed by Judge James E. Boasberg on 3/3/16. (lcjeb3) (Entered: 03/03/2016)
2016-03-03240MEMORANDUM OPINION re 239 Order on Plaintiff and Defendant USPIS's Cross-Motions for Summary Judgment and Plaintiff's Motion for Discovery. Signed by Judge James E. Boasberg on 3/3/16. (lcjeb3) (Entered: 03/03/2016)
2016-03-07241MOTION for Extension of Time to File Response/Reply To Defendant FBI Opposition to Cross-Motion for Reconsideration and Alternatively, Motion For Certification And Entry of Final Judgment by GREGORY BARTKO (Attachments: # 1 Proposed Order for Extension of Time)(BARTKO, GREGORY) (Entered: 03/07/2016)
2016-03-07MINUTE ORDER: The Court ORDERS that: 1) Plaintiff's 241 Motion for Extension of Time to File Response/Reply is GRANTED; and 2) Plaintiff shall, on or before March 18, 2016, file his Reply to Defendant FBI's 237 Opposition to Plaintiff's Motions for Reconsideration. Signed by Judge James E. Boasberg on 3/7/16. (lcjeb1) (Entered: 03/07/2016)
2016-03-07Set/Reset Deadline: Plaintiff shall, on or before 3/18/2016, file his Reply to Defendant FBI's 237 Opposition to Plaintiff's Motions for Reconsideration. (ad) (Entered: 03/07/2016)
2016-03-13242REPLY to opposition to motion re 234 MOTION for Reconsideration re 225 Memorandum & Opinion, 224 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment,, MOTION for Order for Certification and Entry of Final Judgment filed by GREGORY BARTKO. (Attachments: # 1 Attchment 1: Screen shots from thumb drives)(BARTKO, GREGORY) (Entered: 03/13/2016)
2016-03-15MINUTE ORDER: The Court ORDERS that Defendant FBI's 228 Motion for In Camera Review is GRANTED. The FBI shall provide pages labeled "Bartko 73-81" for in camera review by March 21, 2016. Signed by Judge James E. Boasberg on 3/15/16. (lcjeb1) (Entered: 03/15/2016)
2016-03-15Set/Reset Deadline: The FBI shall provide pages labeled "Bartko 73-81" for in camera review by 3/21/2016. (ad) (Entered: 03/15/2016)
2016-03-15MINUTE ORDER: The Court ORDERS that by March 28, 2016, each side shall show cause why, after deciding the final outstanding motions (ECF Nos. 227 and 234), the Court should not terminate the case and enter judgment. Signed by Judge James E. Boasberg on 3/15/16. (lcjeb1) (Entered: 03/15/2016)
2016-03-15Set/Reset Deadlines By 3/28/2016, each side shall show cause why, after deciding the final outstanding motions (ECF Nos. 227 and 234), the Court should not terminate the case and enter judgment. (ad) (Entered: 03/15/2016)
2016-03-15243ERRATA by UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION 227 MOTION for Reconsideration re 225 Memorandum & Opinion, 224 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment,, filed by UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Declaration Ninth Declaration of David M. Hardy)(Whitaker, Claire) (Entered: 03/15/2016)
2016-03-17244NOTICE (Defendant's Notice of Submission In Camera) by UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION re Order, (Whitaker, Claire) (Entered: 03/17/2016)
2016-03-28245ORDER: The Court ORDERS that the FBI's 227 Motion for Reconsideration is GRANTED, and Plaintiff's 234 Cross-Motion is DENIED. Signed by Judge James E. Boasberg on 3/28/16. (lcjeb1) (Entered: 03/28/2016)
2016-03-28246RESPONSE TO ORDER OF THE COURT re Order, To Show Cause filed by GREGORY BARTKO. (BARTKO, GREGORY) (Entered: 03/28/2016)
2016-03-28247RESPONSE TO ORDER OF THE COURT re Order, filed by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE OFFICE PROFESSIONAL RESPONSIBILITY, UNITED STATES DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE OF UNITED STATES ATTORNEY, UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE, UNITED STATES POSTAL INSPECTION SERVICE, UNITED STATES SECURITIES AND EXCHANGE COMMISSION. (Attachments: # 1 Attachment 1 (Second Declaration of Jeffrey Oval, dated 3/23/16), # 2 Attachment 2 (Declaration of Jeffrey Ovall, dated 6/17/14, with only Exs..F, G amd H), # 3 Text of Proposed Order)(Whitaker, Claire) (Entered: 03/28/2016)
2016-03-28MINUTE ORDER: Although Bartko believes that all issues in this case have now been resolved, see ECF No. 246 , the Government indicates that one question concerning the SEC's search has not been put to bed. See ECF No. 247 . The Court, accordingly, ORDERS that by April 4, 2016, Bartko shall notify the Court whether he is satisfied by the SEC's latest declaration and is prepared for the Court to enter judgment or whether he wishes to challenge the adequacy of the SEC's declaration. If the latter, then the Court will require the SEC to file a renewed motion for summary judgment. Signed by Judge James E. Boasberg on 3/28/16. (lcjeb1) (Entered: 03/28/2016)
2016-03-29Set/Reset Deadline: By 4/04/2016, Bartko shall notify the Court whether he is satisfied by the SEC's latest declaration and is prepared for the Court to enter judgment or whether he wishes to challenge the adequacy of the SEC's declaration. (ad) (Entered: 03/29/2016)
2016-03-31248MOTION for Extension of Time to Respond to Court's Minute Order dated March 28, 2016 by GREGORY BARTKO (Attachments: # 1 Text of Proposed Order)(BARTKO, GREGORY) (Entered: 03/31/2016)
2016-03-31MINUTE ORDER: The Court ORDERS that: 1) Plaintiff's 248 Motion for Extension of Time is GRANTED; and 2) Plaintiff shall, by April 25, 2016, notify the Court whether he is satisfied by the SEC's latest declaration and is prepared for the Court to enter judgment or whether he wishes to challenge the adequacy of the SEC's declaration. Signed by Judge James E. Boasberg on 3/31/16. (lcjeb1) (Entered: 03/31/2016)
2016-04-01Set/Reset Deadline: Plaintiff shall, by 4/25/2016, notify the Court whether he is satisfied by the SEC's latest declaration and is prepared for the Court to enter judgment or whether he wishes to challenge the adequacy of the SEC's declaration. (ad) (Entered: 04/01/2016)
2016-04-16249NOTICE of Change of Address by GREGORY BARTKO (BARTKO, GREGORY) (Entered: 04/16/2016)
2016-04-21250NOTICE of Compliance with Court's March 28, 2016 Minute Order by GREGORY BARTKO re Order,, (BARTKO, GREGORY) (Entered: 04/21/2016)
2016-04-22MINUTE ORDER: The Court ORDERS that the SEC shall file a renewed motion for summary judgment by May 13, 2016. Signed by Judge James E. Boasberg on 4/22/16. (lcjeb1) (Entered: 04/22/2016)
2016-04-22Set/Reset Deadline: The SEC shall file a renewed motion for summary judgment by 5/13/2016. (ad) (Entered: 04/22/2016)
2016-05-06251MOTION for Extension of Time to file Renewed Motion for Summary Judgment by UNITED STATES SECURITIES AND EXCHANGE COMMISSION (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 05/06/2016)
2016-05-09MINUTE ORDER granting 251 Motion for Extension of Time to File. The Court ORDERS that Defendant shall file its renewed Motion for Summary Judgment no later than May 27, 2016. Signed by Judge James E. Boasberg on 05/09/2016. (lcjeb2) (Entered: 05/09/2016)
2016-05-09Set/Reset Deadline: Defendant shall file its renewed Motion for Summary Judgment no later than 5/27/2016. (ad) (Entered: 05/09/2016)
2016-05-27252MOTION for Summary Judgment (Renewed) by UNITED STATES SECURITIES AND EXCHANGE COMMISSION (Attachments: # 1 Revised Second Declaration of Jeffrey Ovall, # 2 Declaration of Richard Gordon, with Att. A, # 3 Statement of Facts, # 4 Text of Proposed Order)(Whitaker, Claire) (Entered: 05/27/2016)
2016-05-31253ORDER directing Plaintiff to respond to Defendant U.S. Securities and Exchange Commission's Renewed 252 Motion for Summary Judgment no later than June 21, 2016. Signed by Judge James E. Boasberg on 5/31/16. (lcjeb1) (Entered: 05/31/2016)
2016-05-31Set/Reset Deadlines: Plaintiff's Response to 252 Motion for Summary Judgment due by 6/21/2016. (tg) (Entered: 05/31/2016)
2016-06-20254Cross MOTION for Partial Summary Judgment Against SEC and Opposition to SEC's Renewed Motion for Summary Judgment by GREGORY BARTKO (Attachments: # 1 Exhibit Exh A: Jacoby March 29, 2012 letter, # 2 Exhibit Exh B: Exam Summary Control Sheet, # 3 Exhibit Exh C: McClellan 9/21/05 Oversight Report, # 4 Exhibit Exh D: Rue transcript, # 5 Exhibit Exh E: McClellan transcript, # 6 Exhibit Exh F: McClellan 9/2/2010 MOI, # 7 Statement of Facts Response to SEC Statement of Facts Not in Dispute and Plaintiff's counter-statement of facts Not in Dispute)(BARTKO, GREGORY) (Entered: 06/20/2016)
2016-06-20255RESPONSE re 252 MOTION for Summary Judgment (Renewed) filed by SEC filed by GREGORY BARTKO. (BARTKO, GREGORY) (Entered: 06/20/2016)
2016-06-27256MOTION for Extension of Time to file a Reply to Plaintiff's Response to Defendant's Renewed Motion for Summary Judgment and an Opposition to Plaintiff's Cross Motion for Summary Judgment by UNITED STATES SECURITIES AND EXCHANGE COMMISSION (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 06/27/2016)
2016-06-27MINUTE ORDER: The Court ORDERS that: 1) Defendant SEC's 256 Motion for Extension of Time to File is GRANTED; and 2) Defendant SEC shall, on or before July 20, 2016, file its Reply to Plaintiff's Response to Defendant's Renewed Motion for Summary Judgment and Opposition to Plaintiff's Cross Motion for Summary Judgment. Signed by Judge James E. Boasberg on 6/27/16. (lcjeb1) (Entered: 06/27/2016)
2016-06-28Set/Reset Deadlines: Defendant SEC shall, on or before 7/20/2016, file its Reply to Plaintiff's Response to Defendant's Renewed Motion for Summary Judgment and Opposition to Plaintiff's Cross Motion for Summary Judgment (ad) (Entered: 06/28/2016)
2016-07-19257Memorandum in opposition to re 254 Cross MOTION for Partial Summary Judgment Against SEC and Opposition to SEC's Renewed Motion for Summary Judgment and reply in support of Defendant's Renewed Motion for Summary Judgment 252 filed by UNITED STATES SECURITIES AND EXCHANGE COMMISSION. (Attachments: # 1 Statement of Facts (Addressing Plaintiff's Statement of Undisputed Facts), # 2 Attachment 1 to Statment Addressing Plaintiff's Statement), # 3 Text of Proposed Order)(Whitaker, Claire) (Entered: 07/19/2016)
2016-07-19258REPLY to opposition to motion re 252 MOTION for Summary Judgment (Renewed) filed by UNITED STATES SECURITIES AND EXCHANGE COMMISSION. (Whitaker, Claire) (Entered: 07/19/2016)
2016-07-26259REPLY to opposition to motion re 254 Cross MOTION for Partial Summary Judgment Against SEC and Opposition to SEC's Renewed Motion for Summary Judgment filed by GREGORY BARTKO. (BARTKO, GREGORY) (Entered: 07/26/2016)
2016-08-26260ORDER: For the reasons set forth in the accompanying Memorandum Opinion, the Court ORDERS that: 1) Defendant SEC's 252 Motion for Summary Judgment is GRANTED; 2) Plaintiff's 254 Cross-Motion for Partial Summary Judgment is DENIED; and 3) Judgment is ENTERED in favor of the United States Securities and Exchange Commission. Signed by Judge James E. Boasberg on 8/26/16. (lcjeb3) (Entered: 08/26/2016)
2016-08-26261MEMORANDUM OPINION re: 260 Order. Signed by Judge James E. Boasberg on 8/26/16. (lcjeb3) (Entered: 08/26/2016)
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