Case Detail

FOIA Project Annotation: Judge Beryl Howell has ruled that the FBI properly declined to process Rolando Otero's FOIA requests after discovering that he still owed fees from a request he had made in 2000 and that his Privacy Act to amend his records was time-barred. Otero had made a number of FOIA requests to the FBI over the years and while processing a 2014 FOIA request, the agency discovered Otero stilled owed fees from the processing of a 2000 FOIA request and declined to continue to process his current request until he paid the remaining assessed fee. Otero also contended his records contained an allegation that he was HIV positive and asked the agency to expunge that information. In addressing that issue, the FBI found Otero had requested the same relief in 2002, based on a 1996 detention at the Indianapolis County Jail, where claims that he carried the HIV virus first surfaced. In response to the 2002 amendment request, the FBI told Otero the records were in an exempt system of law enforcement records under the Privacy Act. While Howell did not address whether Otero had failed to exhaust his administrative remedies by not challenging the FBI's fee assessment, she agreed with that the agency's regulations allowed it to require payment of fees that are still owed. She pointed that "the FBI is entitled to refuse to perform any additional work on the plaintiff's FOIA request because he had not paid the $20.10 still owed from the release of records in June 2000 in response to [his request]." Turning to Otero's Privacy Act expungement request, Howell observed that in response to his 2002 request for expungement the FBI had denied his request. Howell noted that "on February 13, 2002, the OIP affirmed the FBI's decision to deny amendment of agency records by expunging records indicating that the plaintiff is known or suspected of having been infected with HIV. Thus, the two-year statute of limitations applicable to Privacy Act claims would have expired on or about February 13, 2004. Accordingly, the Court concludes that the plaintiff's Privacy Act claim is time-barred." She also found Otero had not shown that he suffered any damages as a result of the FBI's failure to expunge his records, pointing out that Otero "identifies no support for an award of damages â€" actual or otherwise â€" arising from a purported violation of the Privacy Act."
Issues: Fees - Commitment to pay, Litigation - Jurisdiction - Failure to State a Claim

Date Filed	Doc #	Docket Text
2014-11-25	1	COMPLAINT against FEDERAL BUREAU OF INVESTIGATION, DAVID H. HARDY, U.S. DEPARTMENT OF JUSTICE filed by ROLANDO R. OTERO. (Attachments: # 1 Civil Cover Sheet)(td, ) (Entered: 11/26/2014)
2014-11-25		SUMMONS (5) Issued as to FEDERAL BUREAU OF INVESTIGATION, DAVID H. HARDY, U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (td, ) (Entered: 11/26/2014)
2014-11-25	2	MOTION for Leave to Proceed in forma pauperis by ROLANDO R. OTERO (td, ) (Entered: 11/26/2014)
2014-11-25	3	PRISONER ACCOUNT STATEMENT by ROLANDO R. OTERO (td, ) (Entered: 11/26/2014)
2014-11-25	4	ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Signed by Judge Rudolph Contreras on 11/21/14. (See order for further details) (td, ) (Entered: 11/26/2014)
2014-11-26		SUMMONS (5) Issued as to FEDERAL BUREAU OF INVESTIGATION, DAVID H. HARDY, U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (rd) (Entered: 11/26/2014)
2014-12-12	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/4/2014. ( Answer due for ALL FEDERAL DEFENDANTS by 1/3/2015.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 12/1/2014, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/1/2014. (rdj) (Entered: 12/15/2014)
2014-12-29	6	MOTION for Extension of Time to File Answer by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Anderson, Rafique) (Entered: 12/29/2014)
2014-12-29		MINUTE ORDER (paperless) GRANTING the defendant's 6 Motion for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint. Accordingly, the defendant shall, by February 3, 2015, answer or otherwise respond to the plaintiff's 1 Complaint. Signed by Judge Beryl A. Howell on December 29, 2014. (lcbah3) (Entered: 12/29/2014)
2014-12-30		Set/Reset Deadlines: Answer to the Complaint by FEDERAL BUREAU OF INVESTIGATION and U.S. DEPARTMENT OF JUSTICE due by 2/3/2015. (tg, ) (Entered: 12/30/2014)
2014-12-30	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DAVID H. HARDY served on 12/1/2014 (rdj) (Entered: 12/31/2014)
2015-01-06	8	AMENDED COMPLAINT against FEDERAL BUREAU OF INVESTIGATION, DAVID H. HARDY, U.S. DEPARTMENT OF JUSTICE filed by ROLANDO R. OTERO.(rdj) (Entered: 01/07/2015)
2015-02-02	9	MOTION for Extension of Time to RESPOND TO PLAINTIFFS COMPLAINT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Anderson, Rafique) (Entered: 02/02/2015)
2015-02-03		MINUTE ORDER (paperless) GRANTING the defendant's 9 Motion for Extension of Time. Accordingly, the defendant shall, by March 6, 2015, answer or otherwise respond to the plaintiff's 1 Complaint. Signed by Judge Beryl A. Howell on February 3, 2015. (lcbah2) (Entered: 02/03/2015)
2015-02-03		Set/Reset Deadlines: Answer or respond to complaint by 3/6/2015, (mpt, ) (Entered: 02/03/2015)
2015-03-04	10	Mail Returned as undeliverable. Mail sent to Rolando R. Otero; Type of Document Returned: Minute Order entered on 2/3/2015; Resent at new address. (tg, ) (Entered: 03/04/2015)
2015-03-06	11	NOTICE of Appearance by Rafique Omar Anderson on behalf of All Defendants (Anderson, Rafique) (Entered: 03/06/2015)
2015-03-06	12	MOTION for Extension of Time to RESPOND TO PLAINTIFF'S COMPLAINT by FEDERAL BUREAU OF INVESTIGATION, DAVID H. HARDY, U.S. DEPARTMENT OF JUSTICE (Anderson, Rafique) (Entered: 03/06/2015)
2015-03-11		MINUTE ORDER (paperless) GRANTING the defendants' 12 Motion for Extension of Time nunc pro tunc . Accordingly, the defendants shall, by March 20, 2015, answer or otherwise respond to the plaintiff's 1 Complaint. Signed by Judge Beryl A. Howell on March 11, 2015. (lcbah2) (Entered: 03/11/2015)
2015-03-11		Set/Reset Deadlines: Answer to the Complaint due by 3/20/2015. (tg, ) (Entered: 03/11/2015)
2015-03-20	13	MOTION for Extension of Time to RESPOND TO PLAINTIFF'S COMPLAINT by FEDERAL BUREAU OF INVESTIGATION, DAVID H. HARDY, U.S. DEPARTMENT OF JUSTICE (Anderson, Rafique) (Entered: 03/20/2015)
2015-03-23		MINUTE ORDER (paperless) GRANTING the defendants' 13 Motion for Extension of Time nunc pro tunc . Accordingly, the defendants shall, by March 25, 2015, answer or otherwise respond to the plaintiff's 1 Complaint. Signed by Judge Beryl A. Howell on March 23, 2015. (lcbah2) (Entered: 03/23/2015)
2015-03-23		Set/Reset Deadline: The defendants shall, by 3/25/2015, answer or otherwise respond to the plaintiff's 1 Complaint. (ad) (Entered: 03/23/2015)
2015-03-25	14	MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION, DAVID H. HARDY, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order statement of facts, # 2 Memorandum in Support memorandum in support, # 3 Declaration hardy declaration, # 4 Errata hardy declaration exhibits)(Anderson, Rafique) Modified on 3/31/2015 (rdj). (Entered: 03/25/2015)
2015-03-26	15	RESPONSE re 12 MOTION for Extension of Time to RESPOND TO PLAINTIFF'S COMPLAINT filed by ROLANDO R. OTERO. (rdj) (Entered: 03/27/2015)
2015-03-27	16	Order advising plaintiff to respond by 4/30/2015 to defendants' 14 MOTION for Summary Judgment, or the Court.may treat the motion as conceded. Signed by Judge Beryl A. Howell on 3/27/15. (ms, ) (Entered: 03/27/2015)
2015-03-27		Set/Reset Deadline: The plaintiff shall file his opposition or other response to the defendants' motion to dismiss or for summary judgment not later than 4/30/2015. (ad) (Entered: 03/27/2015)
2015-04-13	17	MOTION for defendant to produce him with proper and adequate copies of its Response to his Amended Complaint by ROLANDO R. OTERO (td, ) (Entered: 04/14/2015)
2015-04-24		MINUTE ORDER: It is hereby ordered that "Plaintiff's Request to Defendant to Produce Him with Proper and Adequate Copies of its Response to his Amended Typed Complaint" 17 is GRANTED. Defendant shall serve on plaintiff a copy (single-sided pages) of its Motion for Summary Judgment by May 1, 2015. The deadline for plaintiff's opposition or other response to defendant's motion is extended to June 1, 2015. Signed by Judge Beryl A. Howell on 4/24/15. (ms, ) Modified on 4/24/2015 (ms, ). (Entered: 04/24/2015)
2015-04-24		Set/Reset Deadlines: Service of copy of single-sided pages of Defendant's Motion for Summary Judgment on Plaintiff due by 5/1/2015. Plaintiff's Opposition to Motion for Summary Judgment due by 5/30/2015. (tg, ) (Entered: 04/24/2015)
2015-04-29	18	NOTICE OF SUBSTITUTION OF COUNSEL by Claire M. Whitaker on behalf of FEDERAL BUREAU OF INVESTIGATION, DAVID H. HARDY, U.S. DEPARTMENT OF JUSTICE Substituting for attorney Rafique Anderson (Whitaker, Claire) (Entered: 04/29/2015)
2015-04-29	19	RESPONSE TO ORDER OF THE COURT re Order on Motion for Order,, filed by FEDERAL BUREAU OF INVESTIGATION, DAVID H. HARDY, U.S. DEPARTMENT OF JUSTICE. (Whitaker, Claire) (Entered: 04/29/2015)
2015-05-19	20	MOTION for Production of Brady Materials by ROLANDO R. OTERO. "Leave to file GRANTED" signed by Beryl A. Howell on 05/19/2015 (jf, ) (Entered: 05/19/2015)
2015-05-22	21	MOTION Updating the Court by ROLANDO R. OTERO (rdj) (Entered: 05/26/2015)
2015-06-01	22	MOTION for Extension of Time by ROLANDO R. OTERO (rdj) (Entered: 06/03/2015)
2015-06-03	23	MOTION for Extension of Time to File Response/Reply as to 22 MOTION for Extension of Time to, 20 MOTION for Production of Brady Materials, 21 MOTION Updating the Court by FEDERAL BUREAU OF INVESTIGATION, DAVID H. HARDY, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 06/03/2015)
2015-06-09		MINUTE ORDER: It is hereby ordered that plaintiff's motion 22 for an extension of time is granted, and his opposition or other response to defendants' motion for summary judgment is due by July 30, 2015. It is further ordered that defendants' motion 23 for an extension of time is granted, and their reply and opposition to "Plaintiff's Request for Production of Brady Materials" and "Motion Updating the Court" [ECF Nos. 20-21] are due by August 10, 2015. Signed by Judge Beryl A. Howell on 6/9/15. (psc) (Entered: 06/09/2015)
2015-06-10		Set/Reset Deadlines: Opposition due by 7/30/2015; Replies due by 8/10/2015. (mpt) (Entered: 06/10/2015)
2015-06-18	24	WITHDRAWN PURSUANT TO MINUTE ORDER FILED 9/28/2015.....MOTION for Order by ROLANDO R. OTERO (zrdj) Modified on 9/28/2015 (zrdj). (Entered: 06/23/2015)
2015-07-06	25	MOTION for Extension of Time to File Response/Reply as to 24 MOTION for Order by FEDERAL BUREAU OF INVESTIGATION, DAVID H. HARDY, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 07/06/2015)
2015-07-06	26	ERRATA (correcting Proposed Order at ECF 25-1) by FEDERAL BUREAU OF INVESTIGATION, DAVID H. HARDY, U.S. DEPARTMENT OF JUSTICE. (Whitaker, Claire) (Entered: 07/06/2015)
2015-07-14		MINUTE ORDER: Defendants' 25 Motion for Extension of Time is granted, and the response to plaintiff's 24 MOTION for Order is due by 8/10/2015. Signed by Judge Beryl A. Howell on 7/14/15. (ms) (Entered: 07/14/2015)
2015-07-14		Set/Reset Deadlines: Defendants' Response to Plaintiff's 24 Motion for Order due by 8/10/2015. (tg) (Entered: 07/14/2015)
2015-07-27	27	MOTION for Extension of Time by ROLANDO R. OTERO (zrdj) (Entered: 07/30/2015)
2015-08-10		MINUTE ORDER: Plaintiff's 27 Motion for Extension of Time is granted, and his response to defendant's motion for summary judgment is due by September 14, 2015. Signed by Judge Beryl A. Howell on 8/10/15. (ms) (Entered: 08/10/2015)
2015-08-10		Set/Reset Deadlines: Plaintiff's Response to Motion for Summary Judgment due by 9/14/2015. (tg) (Entered: 08/10/2015)
2015-08-10	28	MOTION for Extension of Time to File Response/Reply as to 14 MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION, DAVID H. HARDY, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 08/10/2015)
2015-08-10	29	Memorandum in opposition to re 20 MOTION for Production of Brady Materials, 24 MOTION for Order filed by FEDERAL BUREAU OF INVESTIGATION, DAVID H. HARDY, U.S. DEPARTMENT OF JUSTICE. (Whitaker, Claire) (Entered: 08/10/2015)
2015-08-17		MINUTE ORDER: Defendants' 28 Motion for Extension of Time is granted, and its Reply is due not more than 10 days after Plaintiff's opposition to the motion for summary judgment is filed on the court's electronic docket. Signed by Judge Beryl A. Howell on 8/17/15. (ms) (Entered: 08/17/2015)
2015-08-20	30	MOTION to Withdraw 24 MOTION for Order by ROLANDO R. OTERO (zrdj) (Entered: 08/21/2015)
2015-08-20	31	NOTICE of Change of Address by ROLANDO R. OTERO (See docket entry 30 to view document)(zrdj) (Entered: 08/21/2015)
2015-08-24	32	MOTION for Lack of Having Adequate Access to the Courts by ROLANDO R. OTERO (zrdj) (Entered: 08/26/2015)
2015-09-08	34	MOTION for Extension of Time by ROLANDO R. OTERO (zrdj) (Entered: 09/10/2015)
2015-09-09	33	Mail Returned as undeliverable. Mail sent to Rolando R. Otero; Type of Document Returned: Copy of Minute Order entered on 8/17/2015: New Address: Unknown. (tg) (Entered: 09/09/2015)
2015-09-21	35	REPLY to opposition to motion re 20 MOTION for Production of Brady Materials filed by ROLANDO R. OTERO. (zrdj) (Entered: 09/22/2015)
2015-09-28		MINUTE ORDER: It is hereby ORDERED that Plaintiff's Request for Production of Brady Materials 20 is DENIED for the reasons set forth in defendants opposition [ECF Nos. 28-29]. It is further ORDERED that plaintiff's Motion to Withdraw Plaintiff's Request to this Honorable Court Directing the Warden of Desoto Correctional David Lawrence to Provide this Court the Result of Plaintiff's Blood Test for AIDS/HIV 30 is GRANTED, and Plaintiff's Request to this Honorable Court to Issue an Order Directing the Warden of Desoto Correctional, David Lawrence, to Provide this Court with Copy of the Result of Plaintiff's Blood Test for AIDS/HIV 24 is WITHDRAWN. It is further ORDERED that Plaintiff's Motion Updating the Court 21 is DENIED and is construed instead as a Notice. It is further ORDERED that Plaintiff's Motion for Extension of Time for 15 Days 34 is GRANTED nunc pro tunc. It is further ORDERED that Plaintiff's Motion for Lack of Having Adequate Access to the Courts 32 is DENIED, in light of the subsequent filing of Plaintiff's Response to Defendants' Motion Requesting Production of Brady Material 35 . Signed by Judge Beryl A. Howell on 9/28/15. (ms) (Entered: 09/28/2015)
2015-11-04	36	MOTION for Florida Department of Corrections to transfer plaintiff by ROLANDO R. OTERO (zrdj) (Entered: 11/05/2015)
2015-11-17	37	RESPONSE re 36 MOTION for FLorida Department of Corrections to transfer plaintiff filed by FEDERAL BUREAU OF INVESTIGATION, DAVID H. HARDY, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 11/17/2015)
2015-12-14	38	MOTION for Extension of Time by ROLANDO R. OTERO (zrdj) (Entered: 12/15/2015)
2015-12-23		MINUTE ORDER: It is hereby ordered that the plaintiff's "Motion and Notice Requesting the Florida Department of Corrections/Classification and South Florida Reception Center to Transfer the Plaintiff to Everglades Correctional, based on Extraordinary Circumstances and 'Lack of Access to the Courts'" 36 is DENIED. It is further ordered that the plaintiff's Motion for Extension of Time 38 is granted. Plaintiff shall file his 36 is DENIED. It is further ordered that the plaintiff's Motion for Extension of Time 38 is granted. Plaintiff shall file his opposition or other response to the defendants' Motion for Summary Judgment [ECF No. 14] by January 30, 2016. Signed by Judge Beryl A. Howell on 12/23/15. (ms) (Entered: 12/23/2015)
2015-12-28		Set/Reset Deadlines: Response to Motion for Summary Judgment due by 1/30/2016. (tg) (Entered: 12/28/2015)
2016-02-09	39	MOTION for Extension of Time by ROLANDO R. OTERO (zrdj) "Leave to file GRANTED" by Judge Beryl A. Howell (Entered: 02/10/2016)
2016-02-11		MINUTE ORDER: Plaintiff's 39 Motion for Extension of Time is granted, and his opposition or other response to defendants' motion is due by March 1, 2016. Signed by Judge Beryl A. Howell on 2/10/16. (ms) (Entered: 02/11/2016)
2016-02-11		Set/Reset Deadlines: Plaintiff's Responses due by 3/1/2016. (tg) (Entered: 02/11/2016)
2016-03-02	40	Mail Returned as undeliverable. Mail sent to Rolando R. Otero; Type of Document Returned: Minute Order entered on 2/11/2016; New address: unknown. (tg) (Entered: 03/02/2016)
2016-04-04	41	VACATED PURSUANT TO MINUTE ORDER FILED ON 04/10/2017.....MEMORANDUM AND OPINION. Signed by Chief Judge Beryl A. Howell on 4/4/16. (ms) Modified on 4/10/2017 (jf). (Entered: 04/04/2016)
2016-04-04	42	VACATED PURSUANT TO MINUTE ORDER FILED ON 04/10/2017.....ORDER denying 14 without prejudice the defendant's Motion for Summary Judgment and dismissing without prejudice the Amended Complaint and this civil action. Signed by Chief Judge Beryl A. Howell on 4/4/16. (ms) Modified on 4/10/2017 (jf). (Entered: 04/04/2016)
2016-05-19	43	MOTION to Clarify by ROLANDO R. OTERO "Leave to file GRANTED" by Chief Judge Beryl A. Howell (zrdj) (Entered: 05/20/2016)
2016-05-20		MINUTE ORDER: On April 4, 2016, the Court issued a Memorandum Opinion and Order dismissing this case without prejudice because Plaintiff had not filed a timely response to Defendant's Motion for Summary Judgment. Plaintiff has responded that he did not receive a copy of the Court's February 11, 2016 Minute Order granting his motion for an extension of time and setting March 1, 2016 as the deadline for his opposition to Defendant's motion. Based on Plaintiff's representation that he "prefer[s] to keep [his] status of dismissal without prejudice" at this time, Pl.'s Mot. for Clarification at 8 (page numbers designated by ECF), the Court does not construe his motion as one for reconsideration of the April 4, 2016 dismissal order. Plaintiff may file a motion to reopen this case if and when he is prepared to proceed. The Clerk of Court shall terminate Plaintiffs Motion for Clarification 43 . Signed by Chief Judge Beryl A. Howell on 5/20/16. (ms) (Entered: 05/20/2016)
2017-03-13	44	MOTION to Reopen Case by ROLANDO R. OTERO (td). Added MOTION for Leave to File Excess Pages on 3/16/2017 (td). (Entered: 03/15/2017)
2017-03-24	45	RESPONSE re 44 MOTION to Reopen Case MOTION for Leave to File Excess Pages filed by FEDERAL BUREAU OF INVESTIGATION, DAVID H. HARDY, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 03/24/2017)
2017-04-10		MINUTE ORDER: It is hereby ORDERED that plaintiff's Motion to Reopen the Case 44 and his 44 Motion for Leave to File Excess Pages are GRANTED. The April 4, 2015 Memorandum Opinion and Order [ECF Nos. 41-42] denying Defendants' Motion for Summary Judgment without prejudice and dismissing the Amended Complaint and this civil action without prejudice are VACATED. The Clerk of Court shall reopen this case, and Defendants' Motion for Summary Judgment [ECF No. 14] is reinstated. Plaintiff shall file his opposition or other response to Defendants' Motion for Summary Judgment [ECF No. 14] by May 26, 2017, and Defendants shall file their reply by June 16, 2017.. Signed by Chief Judge Beryl A. Howell on 4/10/17. (ms) (Entered: 04/10/2017)
2017-04-10		Set/Reset Deadlines: Plaintiff's Response to 14 Motion for Summary Judgment due by 5/26/2017; Defendants' Reply due by 6/16/2017. (tg) (Entered: 04/10/2017)
2017-04-19	46	REPLY to opposition to motion re 44 MOTION to Reopen Case MOTION for Leave to File Excess Pages filed by ROLANDO R. OTERO. "Leave to file GRANTED" by Chief Judge Beryl A. Howell (zrdj) (Entered: 04/19/2017)
2017-04-21	47	Memorandum in opposition to re 14 MOTION for Summary Judgment filed by ROLANDO R. OTERO. (Attachments: # 1 Exhibit)(zrdj) (Entered: 04/25/2017)
2017-06-15	48	REPLY to opposition to motion re 14 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts Statement Addressing Plaintiff's Statement of Facts Not in Dispute))(Whitaker, Claire) (Entered: 06/15/2017)
2017-07-06	49	MOTION for Extension of Time for Thirty (30) Days to File Sur-reply as to 14 MOTION for Summary Judgment by ROLANDO R. OTERO (jf) (Entered: 07/10/2017)
2017-07-11		MINUTE ORDER: Plaintiff's 49 Motion for Extension of Time is granted, and his Surreply is due by 8/11/2017. Signed by Chief Judge Beryl A. Howell on 7/11/17. (ms) (Entered: 07/11/2017)
2017-07-11		Set/Reset Deadlines: Plaintiff's surreply due by 8/11/2017. (tg) (Entered: 07/11/2017)
2017-10-10	50	MOTION for Clarification and updating the Court by ROLANDO R. OTERO "Leave to file GRANTED" by Chief Judge Beryl A. Howell (zrdj) (Entered: 10/13/2017)
2017-10-16	51	SURREPLY to re 14 MOTION for Summary Judgment filed by ROLANDO R. OTERO. "Leave to file GRANTED. Leave to file sur-reply granted" by Chief Judge Beryl A. Howell (zrdj) (Entered: 10/18/2017)
2017-10-24	52	Memorandum in opposition to re 50 MOTION to Clarify filed by FEDERAL BUREAU OF INVESTIGATION, DAVID H. HARDY, U.S. DEPARTMENT OF JUSTICE. (Whitaker, Claire) (Entered: 10/24/2017)
2017-10-24	53	RESPONSE re 51 Surreply filed by FEDERAL BUREAU OF INVESTIGATION, DAVID H. HARDY, U.S. DEPARTMENT OF JUSTICE. (Whitaker, Claire) (Entered: 10/24/2017)
2017-11-16	54	MOTION for Extension of Time to File Response/Reply as to 50 MOTION to Clarify by ROLANDO R. OTERO (zrdj) (Entered: 11/21/2017)
2018-02-12	55	MEMORANDUM AND OPINION. Signed by Chief Judge Beryl A. Howell on 2/12/18. (ms) (Entered: 02/12/2018)
2018-02-12	56	ORDER denying the plaintiff's 50 Motion to Clarify; denying the plaintiff's 54 Motion for Extension of Time; and granting the defendants' 14 Motion for Summary Judgment. This is a final appealable Order. Signed by Chief Judge Beryl A. Howell on 2/12/18. (ms) (Entered: 02/12/2018)
2018-02-26	57	REPLY to opposition to motion re 50 MOTION to for Clarification and updating the Court and Response to 51 Surreply filed by ROLANDO R. OTERO. "Leave to file GRANTED",by Chief Judge Beryl A. Howell (zrdj) (Entered: 02/28/2018)
2018-03-19	58	NOTICE OF APPEAL as to 56 Order on Motion to Clarify,, Order on Motion for Extension of Time to File Response/Reply, Order on Motion for Summary Judgment, 55 Memorandum & Opinion by ROLANDO R. OTERO. Fee Status: No Fee Paid. Parties have been notified. (zrdj) (Entered: 03/23/2018)
2018-03-23	59	Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The fee remains to be paid and another notice will be transmitted when the fee has been paid in the District Court re 58 Notice of Appeal. (zrdj) (Entered: 03/23/2018)
2018-03-28		USCA Case Number 18-5080 for 58 Notice of Appeal, filed by ROLANDO R. OTERO. (td) (Entered: 03/28/2018)
2018-04-26	60	ORDER of USCA ORDERED that the motion to appeal in forma pauperis be referred to the district court for resolution in the first instance and that this case be held in abeyance pending further order of the court as to 58 Notice of Appeal, filed by ROLANDO R. OTERO. USCA Case Number 18-5080. (zrdj) (Entered: 04/30/2018)
2018-04-26	61	MOTION for Leave to Appeal in forma pauperis by ROLANDO R. OTERO (zrdj) (Entered: 04/30/2018)
2018-05-01		MINUTE ORDER: The plaintiff's 61 Motion for Leave to Appeal in forma pauperis is hereby GRANTED. Signed by Chief Judge Beryl A. Howell on 5/1/18. (ms) (Entered: 05/01/2018)
2018-05-01	62	Supplemental Record on Appeal transmitted to US Court of Appeals re 61 MOTION for Leave to Appeal in forma pauperis, 58 Notice of Appeal. USCA Case Number 1805080. (zrdj) (Entered: 05/01/2018)
2019-09-04	63	ORDER of USCA as to 58 Notice of Appeal, filed by ROLANDO R. OTERO ; USCA Case Number 18-5080. (zrdj) (Entered: 09/13/2019)
2019-10-29	64	MANDATE of USCA as to 58 Notice of Appeal, filed by ROLANDO R. OTERO ; USCA Case Number 18-5080. (Attachments: # 1 USCA Order)(zrdj) (Entered: 11/01/2019)
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