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Case TitleSPATARO v. FEDERAL BUREAU OF INVESTIGATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2014cv00198
Date Filed2014-02-03
Date ClosedOpen
JudgeJudge Randolph D. Moss
PlaintiffMICHAEL SPATARO
Case DescriptionMichael Spataro submitted a FOIA request to the FBI for records about himself. The agency responded that it could find no records. Spataro appealed the agency determination, which was upheld by the Office of Information Policy. Spataro then filed suit.
Complaint issues: Litigation - Recovery of Costs, Adequacy - Search

DefendantFEDERAL BUREAU OF INVESTIGATION
TERMINATED: 07/07/2014
DefendantDEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Opinion/Order [35]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-02-031COMPLAINT against FEDERAL BUREAU OF INVESTIGATION (Filing fee $ 0.00) filed by MICHAEL SPATARO. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5)(rc) (Entered: 02/19/2014)
2014-02-03SUMMONS (3) Issued as to FEDERAL BUREAU OF INVESTIGATION, U.S. Attorney and U.S. Attorney General. (rc) (Entered: 02/19/2014)
2014-02-032MOTION for Leave to Proceed in forma pauperis by MICHAEL SPATARO. (rc) (Entered: 02/19/2014)
2014-02-033PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by MICHAEL SPATARO. (rc) (Entered: 02/19/2014)
2014-02-034ORDER directing an initial partial filing fee of $93.15 to the Clerk of the United States District Court for the District of Columbia from the Prison Account of MICHAEL SPATARO. Plaintiff's application to proceed in forma pauperis 2 is GRANTED, except to the extent that Plaintiff is required to make the payments set forth in this order. Signed by Judge Reggie B. Walton on 01/31/2014. (rc) (Entered: 02/19/2014)
2014-03-115RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/5/2014. (rdj) (Entered: 03/12/2014)
2014-04-076RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/2/2014. Answer due for ALL FEDERAL DEFENDANTS by 5/2/2014. (rdj) (Entered: 04/07/2014)
2014-04-147RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 4/9/2014 (rdj) (Entered: 04/14/2014)
2014-04-238NOTICE of Appearance by William Mark Nebeker on behalf of FEDERAL BUREAU OF INVESTIGATION (Nebeker, William) (Entered: 04/23/2014)
2014-05-029ANSWER to 1 Complaint by FEDERAL BUREAU OF INVESTIGATION.(Nebeker, William) (Entered: 05/02/2014)
2014-05-1910ORDER regarding the filing of dispositive motions. Signed by Judge Royce C. Lamberth on May 19, 2014. (lcrcl2) (Entered: 05/19/2014)
2014-05-2111MOTION to Amend 1 Complaint by MICHAEL SPATARO (rdj) (Entered: 05/22/2014)
2014-06-1612MOTION to Stay re 10 Order Or, In The Alternative , MOTION for Extension of Time to File by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 06/16/2014)
2014-06-2513Memorandum in opposition to re 12 MOTION to Stay re 10 Order Or, In The Alternative MOTION for Extension of Time to File filed by MICHAEL SPATARO. (Attachments: # 1 Text of Proposed Order)(rdj) (Entered: 06/26/2014)
2014-07-0314REPLY to opposition to motion re 12 MOTION to Stay re 10 Order Or, In The Alternative MOTION for Extension of Time to File Dispositive Motion filed by FEDERAL BUREAU OF INVESTIGATION. (Nebeker, William) (Entered: 07/03/2014)
2014-07-0715ORDER granting 12 Motion for Stay, or in the Alternative, for an Elargement of Time; granting 11 Plaintiff's Motion to Amend Complaint. Ordered that this action be and is hereby stayed until 1/15/2015 or until further order of the Court. Defendant shall file periodic status reports every 30 days until such time as processing of the records responsive to Plaintiff's Freedom of Information Act requests is completed. Plaintiff's 11 Motion to Amend Complaint is granted. The Department of Justice is now the defendant. The F.B.I. is dismissed. Signed by Judge Royce C. Lamberth on 7/3/2014. (zmm, ) (Entered: 07/07/2014)
2014-08-0416STATUS REPORT by DEPARTMENT OF JUSTICE. (Nebeker, William) (Entered: 08/04/2014)
2014-09-0317STATUS REPORT by DEPARTMENT OF JUSTICE. (Nebeker, William) (Entered: 09/03/2014)
2014-10-0318STATUS REPORT by DEPARTMENT OF JUSTICE. (Nebeker, William) (Entered: 10/03/2014)
2014-11-0319STATUS REPORT by DEPARTMENT OF JUSTICE. (Nebeker, William) (Entered: 11/03/2014)
2014-11-19Case randomly reassigned to Judge Randolph D. Moss. Judge Royce C. Lamberth no longer assigned to the case. (gt, ) (Entered: 11/19/2014)
2014-12-0220STATUS REPORT And Motion For Order, With Supporting Memorandum by DEPARTMENT OF JUSTICE. (Nebeker, William) (Entered: 12/02/2014)
2014-12-0221MOTION for Order (See ECF No. 20) by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 12/02/2014)
2014-12-0222CERTIFICATE OF SERVICE by DEPARTMENT OF JUSTICE re 20 Status Report, 21 MOTION for Order (See ECF No. 20) (Amended) . (Nebeker, William) (Entered: 12/02/2014)
2015-01-0823MOTION for Leave to File Amended Complaint by MICHAEL SPATARO (Attachments: # 1 Exhibit Amended Complaint, # 2 Exhibits A - E of Amended Complaint, # 3 Certificate of Service)(rdj) (Entered: 01/12/2015)
2015-02-11MINUTE ORDER: It is hereby ORDERED that Plaintiff's Motion for Leave to File Amended Complaint 23 is GRANTED. The proposed amended complaint [23-1] submitted with that motion is deemed FILED. Because Plaintiff's Amended Complaint identifies Plaintiff's allegations in light of Defendant's most recent disclosures, Defendant's Motion for Order 21 is hereby DENIED as moot. Signed by Judge Randolph D. Moss on February 11, 2015. (lcrdm3, ) (Entered: 02/11/2015)
2015-02-1124AMENDED COMPLAINT against DEPARTMENT OF JUSTICE filed by MICHAEL SPATARO. (Attachments: # 1 Exhibit Part 1, # 2 Exhibit Part 2, # 3 Exhibit Part 3, # 4 Exhibit Part 4)(rdj) (Entered: 02/11/2015)
2015-02-2725MOTION for Extension of Time to File Answer re 24 Amended Complaint by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 02/27/2015)
2015-02-27MINUTE ORDER: Upon consideration of Defendant's Motion for an Enlargement of Time 25 , it is hereby ORDERED that the motion is GRANTED. Defendant shall submit an answer to the Amended Complaint 24 or a motion under Rule 12 on or before March 23, 2015. Signed by Judge Randolph D. Moss on February 27, 2015. (lcrdm3, ) (Entered: 02/27/2015)
2015-03-02Set/Reset Deadline: The Defendant shall submit an answer to the Amended Complaint 24 or a motion under Rule 12 on or before 3/23/2015. (kt) (Entered: 03/02/2015)
2015-03-2326MOTION to Dismiss Or, In The Alternative , MOTION for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration of David Hardy, # 2 Exhibit (A-J to Hardy Declaration), # 3 Text of Proposed Order)(Nebeker, William) Modified on 1/31/2017 (zrdj). (Attachment 2 replaced on 2/7/2017) (ad). (Entered: 03/23/2015)
2015-04-3027Memorandum in opposition to re 26 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment filed by MICHAEL SPATARO. (rdj) (Entered: 04/30/2015)
2015-05-0428MOTION for Extension of Time to File Response/Reply as to 26 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 05/04/2015)
2015-05-14MINUTE ORDER: Upon consideration of Defendant's Motion for Enlargement of Time 28 , it is hereby ORDERED that the motion is GRANTED. Defendant shall file its reply in support of its dispositive motion on or before June 8, 2015. Signed by Judge Randolph D. Moss on May 14, 2015. (lcrdm3, ) (Entered: 05/14/2015)
2015-05-14Set/Reset Deadline: Defendant shall file its reply in support of its dispositive motion on or before 6/8/2015. (kt) (Entered: 05/14/2015)
2015-06-0529MOTION for Extension of Time to File Response/Reply as to 26 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment Or , MOTION to Stay by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 06/05/2015)
2015-06-10MINUTE ORDER: Upon consideration of Defendant's Motion for an Enlargement of Time 29 , it is hereby ORDERED that the motion is GRANTED. Defendant shall file its reply in support of the motion for summary judgment on or before August 10, 2015. It is further ORDERED that, on or before July 27, 2015, Plaintiff and Defendant shall separately file status reports advising the Court of the status of Defendant's further production of documents and the appropriate course of future proceedings, as well as whether the contemplated disclosures moot or otherwise affect any aspect of the pending motion. Signed by Judge Randolph D. Moss on June 10, 2015. (lcrdm3, ) (Entered: 06/10/2015)
2015-06-10Set/Reset Deadlines: On or before 7/27/2015, Plaintiff and Defendant shall separately file status reports advising the Court of the status of Defendant's further production of documents and the appropriate course of future proceedings, as well as whether the contemplated disclosures moot or otherwise affect any aspect of the pending motion; Defendant shall file its reply in support of the motion for summary judgment on or before 8/10/2015. (kt) (Entered: 06/10/2015)
2015-07-2730STATUS REPORT by DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit)(Nebeker, William) (Entered: 07/27/2015)
2015-07-31MINUTE ORDER: It is hereby ORDERED that, on or before August 27, 2015, Plaintiff shall file a report indicating whether he intends to challenge any of the redactions contained in the documents produced on July 9, 2015. It is further ORDERED that Defendant shall file the reply in support of its motion for summary judgment on or before September 28, 2015. If Defendant's reply raises issues not raised in Defendant's initial motion, Plaintiff may file a sur-reply of not more than 10 pages addressing only those issues on or before October 19, 2015. If Plaintiff fails to respond to any arguments raised for the first time in Defendant's reply, the Court may treat those arguments as conceded. Signed by Judge Randolph D. Moss on July 31, 2015. (lcrdm3, ) (Entered: 07/31/2015)
2015-07-31Set/Reset Deadlines: On or before 8/27/2015, Plaintiff shall file a report indicating whether he intends to challenge any of the redactions contained in the documents produced on July 9, 2015; Defendant shall file the reply in support of its motion for summary judgment on or before 9/28/2015; Plaintiff may file a sur-reply of not more than 10 pages addressing only those issues on or before 10/19/2015. (kt) (Entered: 07/31/2015)
2015-08-1831STATUS REPORT by MICHAEL SPATARO. "LEAVE TO FILE GRANTED" by Judge Randolph D. Moss on August 3, 2015(zrdj) (Entered: 08/18/2015)
2015-08-2732OBJECTION TO REDACTIONS by MICHAEL SPATARO "Leave to file GRANTED", by Judge Randolph D. Moss (zrdj) (Entered: 08/27/2015)
2015-09-2833REPLY to opposition to motion re 26 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Declaration Second Hardy Decl.)(Nebeker, William) Modified on 1/31/2017 (zrdj). (Entered: 09/28/2015)
2016-10-2734ORDER: Plaintiff may supplement his opposition to Defendants' Motion to Dismiss or, in the Alternative, for Summary Judgment on or before November 27, 2016. See attached document for details. Signed by Judge Randolph D. Moss on 10/27/2016. (lcrdm3, ) Modified on 10/27/2016 to correct docket entry language to match Order text (kt). (Entered: 10/27/2016)
2016-10-27Set/Reset Deadlines: Plaintiff may supplement his opposition to Defendants' Motion to Dismiss or, in the Alternative, for Summary Judgment on or before 11/27/2016. (kt) (Entered: 10/27/2016)
2017-09-2935MEMORANDUM OPINION AND ORDER: Upon consideration of Defendant's Motion to Dismiss, or in the Alternative, for Summary Judgment 26 , it is hereby GRANTED in part and DENIED in part. See document for details. Signed by Judge Randolph D. Moss on 9/29/17. (lcrdm3, ) (Entered: 09/29/2017)
2017-10-1336MOTION for Extension of Time to File Answer re 24 Amended Complaint Or , MOTION to Stay by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 10/13/2017)
2017-10-15MINUTE ORDER: Upon consideration of Defendant's Motion For An Enlargement of Time 36 , the motion is hereby GRANTED. Defendant shall file a status report on or before October 30, 2017, and every 45 days thereafter until further order of the Court. It is further ORDERED that Defendant's obligation to file an answer to Plaintiff's Amended Complaint is hereby DEFERRED until further order of the Court. Signed by Judge Randolph D. Moss on 10/15/17. (lcrdm3, ) (Entered: 10/15/2017)
2017-10-16Set/Reset Deadlines: Defendant's Status Report due by 10/30/2017. (kt) (Entered: 10/16/2017)
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by FOIA Project Staff