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Case TitleDONATO v. EXECUTIVE OFFICE UNITED STATES ATTORNEYS et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv00632
Date Filed2016-04-04
Date ClosedOpen
JudgeJudge Florence Y. Pan
PlaintiffANTHONY DONATO
Case DescriptionAnthony Donato, a federal prisoner, submitted FOIA requests to the Executive Office for U.S. Attorneys, the FBI, and the Bureau of Prisons for records related to what Donato referred to as a phony murder conspiracy. EOUSA indicated that it would take 55 hours to search potentially responsive records. The FBI issued Donato a Glomar response neither confirming nor denying the existence of records, and BOP failed to respond to several of Donato's requests. He appealed the delays and denials to OIP without success. He then filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantEXECUTIVE OFFICE UNITED STATES ATTORNEYS
DefendantFEDERAL BUREAU OF INVESTIGATION
DefendantBUREAU OF PRISONS
DefendantDEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [29]
FOIA Project Annotation: Judge Ketanji Brown Jackson has ruled that the FBI and EOUSA properly responded to Anthony Donato's FOIA requests concerning a plot to disrupt the incarceration of Dominick Cicale, a former captain in the Bonanno organized crime family, although EOUSA has not shown that it provided Donato his two hours of free search time and 100 pages of documents after rejecting his fee waiver request. But Jackson found that the Bureau of Prisons has so far has failed to show that it conducted an adequate search for records Donato requested from that agency. While incarcerated at the Metropolitan Correction Center in New York, Cicale ordered other inmates to "create mischief." He also allegedly spread a rumor that another crime figure had hired a correctional officer to kill him. Donato filed a series of FOIA requests for records about the alleged Cicale plot. He also requested from BOP, records concerning the factors the agency used in transferring him to various prisons. EOUSA located 55 boxes of potentially responsive records in the U.S. Attorney's Office for the Eastern District of New York. The agency told Donato that an additional 55 hours would be necessary to search those records and estimated a cost of $1,540. Donato then requested a fee waiver, which EOUSA denied. Donato appealed to the OIP, which upheld EOUSA's denial of a fee waiver but told the agency to provide Donato with two hours of free search time and 100 of records. The FBI refused to search for records on third parties and issued a Glomar response neither confirming nor denying the existence of records. Donato argued that the records had been made public during the trial, but the FBI rejected his public domain claim. BOP located 225 pages concerning the murder conspiracy and withheld them all. As to Donato's request for records about his prison placement, the agency ultimately located two documents, neither of which were the type of document Donato had requested. Finding Donato had not provided any evidence of a public interest in disclosure of the FBI's records that would overcome its Glomar response, Jackson noted that "to prevail under the public domain doctrine, Donato must show that the FBI has acknowledged that it investigated Cicale's alleged scheme, and that it would be likely to have records about the plot, and Donato has done nothing to demonstrate any such acknowledgement by the FBI." In support of his request for a fee waiver from EOUSA, Donato indicated he had sent letters to several reporters and had also committed to disclose records on a website called "Access Legal Aide." Skeptical of Donato's ability to disseminate information through the website, Jackson pointed out that "Donato has not provided any details about the reach of the Access Legal Aide website; indeed, the sole detail that Donato has offered is a link to Access Legal Aide's purported website, yet as far as this Court can tell, the listed website either does not exist or is not actually publicly available. Consequently, whatever this publication might be, it is plainly not a sufficient means for Donato to disseminate any of the requested records." However, Jackson noted Donato was entitled to two hours of free search time and 100 pages of free records and ordered EOUSA to clarify whether it had provided that service to Donato. Jackson found BOP's responses to Donato's requests insufficient. She observed that "the statements that BOP has submitted themselves provide no basis whatsoever for any determination that BOP's searches for records were reasonable."
Issues: Determination - Glomar response, Public Interest Fee Waiver, Adequacy - Search
Opinion/Order [62]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-04-041COMPLAINT against BUREAU OF PRISONS, EXECUTIVE OFFICE UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION (Filing fee $ 0.00) filed by ANTHONY DONATO. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(jf) (Entered: 04/05/2016)
2016-04-04SUMMONS Not Issued as to BUREAU OF PRISONS, EXECUTIVE OFFICE UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION (jf) (Entered: 04/05/2016)
2016-04-042MOTION for Leave to Proceed in forma pauperis by ANTHONY DONATO (jf) (Entered: 04/05/2016)
2016-04-043PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by ANTHONY DONATO (jf) (Entered: 04/05/2016)
2016-04-044ORDER directing an initial partial filing fee in the amount of $121.04 from Prison Account of Anthony Donato and granting 2 MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Signed by Judge Amy Berman Jackson on 03/30/2016. (jf) (Entered: 04/05/2016)
2016-04-195SUMMONS (5) Issued as to BUREAU OF PRISONS, EXECUTIVE OFFICE UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, U.S. Attorney and U.S. Attorney General (md) (Entered: 04/19/2016)
2016-05-056RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 0/29/2016., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/29/2016. ( Answer due for ALL FEDERAL DEFENDANTS by 5/29/2016.) (jf) (Entered: 05/06/2016)
2016-05-197RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BUREAU OF PRISONS served on 5/9/2016 (jf) (Entered: 05/19/2016)
2016-05-278MOTION for Extension of Time to File Answer by BUREAU OF PRISONS, EXECUTIVE OFFICE UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION (McBride, Patricia) Modified on 5/27/2016 (jf). (Entered: 05/27/2016)
2016-06-14Filing fee Received from ANTHONY DONATO in the amount of $ 350.00, receipt number 4616078459 (zrdj) (Entered: 06/14/2016)
2016-06-159RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. EXECUTIVE OFFICE UNITED STATES ATTORNEYS served on 5/27/2016 (td) (Entered: 06/16/2016)
2016-06-1610Ex Parte MOTION for Extension of Time to August 22, 2016 by BUREAU OF PRISONS, EXECUTIVE OFFICE UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION (McBride, Patricia) (Entered: 06/16/2016)
2016-08-2211ANSWER to 1 Complaint by BUREAU OF PRISONS, EXECUTIVE OFFICE UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION.(McBride, Patricia) (Entered: 08/22/2016)
2016-09-0112MOTION to Clarify re 10 MOTION for Extension of Time to August 22, 2016 by ANTHONY DONATO (jf) (Entered: 09/06/2016)
2016-10-1313MOTION for Clarification of Motion for Extension of Time by ANTHONY DONATO (jf) (Entered: 10/14/2016)
2016-10-14MINUTE ORDER: It is hereby ordered that defendants' motions for extensions of time 8 10 are granted nunc pro tunc, and plaintiff's motions for clarification 12 13 are granted. It is further ordered that, not later than November 4, 2016, defendants shall file either a dispositive motion or a proposed schedule for further proceedings in this case. Plaintiff is not required to file any documents at this time. Signed by Judge Ketanji Brown Jackson on 10/14/16. (ms) (Entered: 10/14/2016)
2016-10-14Set/Reset Deadlines: Dispositive Motions/Proposed Schedule due by 11/4/2016. (hs) (Entered: 10/14/2016)
2016-11-0314NOTICE of Proposed Briefing Schedule by BUREAU OF PRISONS, EXECUTIVE OFFICE UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION (McBride, Patricia) (Entered: 11/03/2016)
2016-11-04MINUTE ORDER: It is hereby ORDERED that Defendant's Motion for Summary Judgment is due January 11, 2017; Plaintiff's opposition and cross-motion, if any, are due February 8, 2017; Defendant's reply and its opposition to Plaintiff's cross-motion are due March 1, 2017; Plaintiff's reply is due March 29, 2017. Signed by Judge Ketanji Brown Jackson on 11/4/16. (ms) (Entered: 11/04/2016)
2016-11-04Set/Reset Deadlines: Defendant's Motion for Summary Judgment is due by 1/11/2017. Plaintiff's opposition and cross-motion, if any are due by 2/8/2017. Defendant's reply and its opposition to Plaintiff's cross-motion are due by 3/1/2017. Plaintiff's reply is due 3/29/2017. (nbn) (Entered: 11/07/2016)
2016-12-2115MOTION for Extension of Time to File MSJ by BUREAU OF PRISONS, EXECUTIVE OFFICE UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION (McBride, Patricia) (Entered: 12/21/2016)
2017-01-03MINUTE ORDER: It is hereby ORDERED that Defendant's Motion to Enlarge Time 15 is GRANTED. Defendant shall file its motion for summary judgment by February 11, 2017; Plaintiff's opposition and cross-motion, if any, are due March 13, 2017; Defendant's reply and its opposition to Plaintiff's cross-motion are due April 12, 2017; Plaintiff's reply is due Mary 12, 2017. Signed by Judge Ketanji Brown Jackson on 1/3/17. (ms) (Entered: 01/03/2017)
2017-02-0816Unopposed MOTION for Extension of Time to 2-28-17 by BUREAU OF PRISONS, EXECUTIVE OFFICE UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION (McBride, Patricia) (Entered: 02/08/2017)
2017-02-2817MOTION for Extension of Time to File by BUREAU OF PRISONS, EXECUTIVE OFFICE UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION (McBride, Patricia) (Entered: 02/28/2017)
2017-03-01MINUTE ORDER: Defendants' 16 17 Motions for Extension of Time are granted. Defendants shall file their dispositive motion by 3/3/17; Plaintiff shall file his opposition and cross-motion, if any, by 4/7/17; Defendants shall file their reply and opposition to plaintiff's cross-motion by 5/3/17; Plaintiff shall file his reply by 6/21/17. Signed by Judge Ketanji Brown Jackson on 3/1/17. (ms) (Entered: 03/01/2017)
2017-03-02Set/Reset Deadlines: Cross Motions due by 4/7/2017. Response to Cross Motions due by 5/3/2017. Reply to Cross Motions due by 6/21/2017. Dispositive Motions due by 3/3/2017. Response to Dispositive Motions due by 4/7/2017. Reply to Dispositive Motions due by 5/3/2017. (gdf) (Entered: 03/02/2017)
2017-03-0318MOTION for Summary Judgment by BUREAU OF PRISONS, EXECUTIVE OFFICE UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Statement of Facts, # 2 Declaration FBI-HARDY, # 3 Exhibit FBI-HARDY, # 4 Declaration EOUSA-LUC., # 5 Exhibit EOUSA-LUC., # 6 Declaration BOP-WALLACE, # 7 Exhibit BOP-WALLACE, # 8 Declaration BOP-RAYMOND, # 9 Exhibit BOP-RAYMOND)(McBride, Patricia) (Entered: 03/03/2017)
2017-03-0619Order advising plaintiff to respond by 4/7/2017 to 18 Defendants' Motion for Summary Judgment. Signed by Judge Ketanji Brown Jackson on 3/6/17. (ms) (Entered: 03/06/2017)
2017-03-1720MOTION to Clarify, MOTION for Extension of Time by ANTHONY DONATO (jf) (Entered: 03/20/2017)
2017-04-27MINUTE ORDER: Plaintiff has received two versions of the Memorandum of Points and Authorities in Support of Defendants Motion for Summary Judgment and Defendants' Statement of Material Facts As To Which There Is No Dispute. He has no access to PACER, and he cannot determine which versions he has received are the same versions filed with the Court. Plaintiff explains that he cannot prepare a proper response without knowing which versions are correct. It is hereby ordered that, by May 5, 2017, defendant shall send plaintiff a complete copy of its motion (with all attachments) and shall file a notice of compliance with the Court. It is further ordered that plaintiff's motions to clarify and for an extension of time 20 20 are granted. Plaintiff's opposition and cross-motion, if any, are due by June 5, 2017; defendants' reply and opposition are due by July 5, 2017; plaintiff's reply is due by August 4, 2017. Signed by Judge Ketanji Brown Jackson on 4/27/17. (ms) (Entered: 04/27/2017)
2017-05-0521NOTICE of Compliance With The Court's Order by BUREAU OF PRISONS, EXECUTIVE OFFICE UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION (McBride, Patricia) (Entered: 05/05/2017)
2017-05-16Set/Reset Deadlines: Cross Motions due by 6/5/2017. Response to Cross Motions due by 7/5/2017. Reply to Cross Motions due by 8/4/2017. Response to Motion for Summary Judgment due by 6/5/2017. Reply to Motion for Summary Judgment due by 7/5/2017. (gdf) (Entered: 05/16/2017)
2017-05-2422MOTION for Leave to File Excess Pages by ANTHONY DONATO (jf) (Entered: 05/24/2017)
2017-05-31MINUTE ORDER: Plaintiff's 22 Motion for Leave to File Excess Pages is hereby GRANTED. Signed by Judge Ketanji Brown Jackson on 5/31/17. (ms) (Entered: 05/31/2017)
2017-06-0523Memorandum in opposition to re 18 MOTION for Summary Judgment filed by ANTHONY DONATO. (Attachments: # 1 Exhibit, # 2 Declaration, # 3 Text of Proposed Order)(jf) (Entered: 06/06/2017)
2017-06-1424MOTION for Extension of Time to File Response/Reply as to 18 MOTION for Summary Judgment by BUREAU OF PRISONS, EXECUTIVE OFFICE UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION (McBride, Patricia) (Entered: 06/14/2017)
2017-06-27MINUTE ORDER: Defendants' 24 Motion for Extension of Time is granted, and their Reply re 18 MOTION for Summary Judgment is due by 8/9/2017. Signed by Judge Ketanji Brown Jackson on 6/26/17. (ms) (Entered: 06/27/2017)
2017-08-0225REPLY to opposition to motion re 18 MOTION for Summary Judgment filed by BUREAU OF PRISONS, EXECUTIVE OFFICE UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION. (McBride, Patricia) (Entered: 08/02/2017)
2017-08-1726MOTION for Extension of Time to File Response as to 18 MOTION for Summary Judgment by ANTHONY DONATO (jf) (Entered: 08/18/2017)
2017-08-30MINUTE ORDER: Plaintiff's 26 Motion for Extension of Time is granted, and his Reply is due by 9/15/2017. Signed by Judge Ketanji Brown Jackson on 8/30/17. (ms) (Entered: 08/30/2017)
2017-09-2227SURREPLY to re 18 MOTION for Summary Judgment filed by ANTHONY DONATO. "Leave to file GRANTED" signed by Judge Ketanji Brown Jackson on 09/22/2017" (jf) (Entered: 10/02/2017)
2018-03-3128ORDER granting in part and denying in part 18 Motion for Summary Judgment. Memorandum Opinion to follow shortly, absent unforeseen circumstances. Signed by Judge Ketanji Brown Jackson on 03/31/2018. (lckbj1) (Entered: 03/31/2018)
2018-04-1629MEMORANDUM AND OPINION granting in part and denying in part 18 Motion for Summary Judgment. Signed by Judge Ketanji Brown Jackson on 04/16/2018. (lckbj1) (Entered: 04/16/2018)
2018-04-16MINUTE ORDER. It is hereby ORDERED that on or before April 30, 2018, Defendants shall file a proposed schedule that contains suggested due dates for the following filings: (1) supplemental declarations with respect to the EOUSA's and BOP's searches and any withholdings, and (2) renewed summary judgment briefing. To the extent the government maintains that providing this information will force it to disclose the information it is authorized to protect, it may file both a public and an ex parte version of any supplemental declaration. Signed by Judge Ketanji Brown Jackson on 04/16/2018. (lckbj1) (Entered: 04/16/2018)
2018-04-3030PROPOSED BRIEFING SCHEDULE by BUREAU OF PRISONS, EXECUTIVE OFFICE UNITED STATES ATTORNEYS. (McBride, Patricia) (Entered: 04/30/2018)
2018-05-01MINUTE ORDER: On consideration of Defendants' Proposed Schedule for Future Proceedings 30 the following schedule shall apply: Defendants shall complete supplemental declarations by July 1, 2018, and shall file a renewed motion for summary judgment by July 30, 2018. Plaintiff shall file his opposition and cross-motion by August 30, 2018. Defendants shall file their reply and opposition to Plaintiff's cross-motion by October 1, 2018. Plaintiff shall file his cross-reply by October 30, 2018. Signed by Judge Ketanji Brown Jackson on 5/1/18. (ms) Modified on 5/1/2018 (ms). (Entered: 05/01/2018)
2018-05-02Set/Reset Deadlines: Cross Motions due by 8/30/2018. Response to Cross Motions due by 9/30/2018. Reply to Cross Motions due by 10/30/2018. Summary Judgment motions due by 7/30/2018. Response to Motion for Summary Judgment due by 8/30/2018. Reply to Motion for Summary Judgment due by 9/30/2018. (gdf) (Entered: 05/02/2018)
2018-05-1431MOTION for Reconsideration, MOTION to Clarify re 29 Memorandum & Opinion by ANTHONY DONATO (jf) (Entered: 05/16/2018)
2018-05-2132NOTICE OF SUPPLEMENTAL AUTHORITY by ANTHONY DONATO (jf) (Entered: 05/23/2018)
2018-07-2533MOTION for Extension of Time to File Renewed MSJ by BUREAU OF PRISONS, EXECUTIVE OFFICE UNITED STATES ATTORNEYS (McBride, Patricia) (Entered: 07/25/2018)
2018-07-2534MOTION for a Status Update by ANTHONY DONATO (jf) (Entered: 07/30/2018)
2018-08-1535ORDER granting 33 defendants' Motion for Enlargement of Time and setting revised motions schedule. Signed by Judge Ketanji Brown Jackson on 8/15/18. (ms) (Entered: 08/15/2018)
2018-08-1536ORDER denying without prejudice plaintiff's 31 Motion for Reconsideration; granting in part and denying in part without prejudice plaintiff's 31 Motion for clarification; and granting plaintiff's 34 motion for status update. Signed by Judge Ketanji Brown Jackson on 8/15/18. (ms) (Entered: 08/15/2018)
2018-08-15Set/Reset Deadlines: Cross Motions due by 12/5/2018. Response to Cross Motions due by 1/2/2019. Reply to Cross Motions due by 1/23/2019. Summary Judgment motions due by 11/7/2018. Response to Motion for Summary Judgment due by 12/5/2018. Reply to Motion for Summary Judgment due by 1/2/2019. (gdf) (Entered: 08/15/2018)
2018-09-1137MOTION for Reconsideration by ANTHONY DONATO (Attachments: # 1 Exhibit)(jf) (Entered: 09/12/2018)
2018-12-0738MOTION for Extension of Time to Late File Motion for Enlargement of Time and Adjust Briefing Schedule by BUREAU OF PRISONS, EXECUTIVE OFFICE UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(McBride, Patricia) (Entered: 12/07/2018)
2018-12-17MINUTE ORDER: When the Court granted defendants' prior motion for extension of time (ECF No. 33), it set a deadline of November 7, 2018 for their dispositive motion and advised that no further extensions of time would be granted absent extraordinary circumstances. This matter has come before the Court on defendants' request to late file another motion for an extension of time. Counsel explained that agency counsel conducted a second search, responsive records have been reviewed, and a response letter was sent to plaintiff on December 7, 2018. Further, she stated that additional time is needed for preparation and approval of declarations and a Vaughn index before a motion can be filed. Notwithstanding counsels failure to explain why the November 7, 2018 deadline was not met, good cause has been shown for granting this extension of time. It is hereby ORDERED that Defendants' Motion for Leave to Late File Its Motion for Enlargement of Time and Adjust Briefing Schedule 38 is GRANTED. The motions schedule set forth in the Court's August 15, 2018 Order is vacated. Defendants shall file their summary judgment by February 28, 2019; plaintiff shall file his opposition and cross-motion, if any, by March 28, 2019; defendants shall file their reply and opposition to plaintiff's cross-motion by April 18, 2019; plaintiff shall file his reply by May 9, 2019. Signed by Judge Ketanji Brown Jackson on 12/17/18. (ms) (Entered: 12/17/2018)
2018-12-17Set/Reset Deadlines: Cross Motions due by 3/28/2019. Response to Cross Motions due by 4/18/2019. Reply to Cross Motions due by 5/9/2019. Summary Judgment motions due by 2/28/2019. Response to Motion for Summary Judgment due by 3/28/2019. Reply to Motion for Summary Judgment due by 4/18/2019. (gdf) (Entered: 12/17/2018)
2018-12-3139Memorandum in opposition to re 38 MOTION for Extension of Time to Late File Motion for Enlargement of Time and Adjust Briefing Schedule filed by ANTHONY DONATO. (tth) (Entered: 01/07/2019)
2019-02-2540MOTION for Extension of Time to by BUREAU OF PRISONS, EXECUTIVE OFFICE UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(McBride, Patricia) (Entered: 02/25/2019)
2019-03-01MINUTE ORDER: For good cause shown, defendant's motion for an extension of time 40 is GRANTED. The motions schedule set forth in the December 17, 2018 minute order is VACATED. Defendants shall file their summary judgment by May 23, 2019; plaintiff shall file his opposition and cross-motion, if any, by June 21, 2019; defendants shall file their reply and opposition to plaintiff's cross-motion by July 18, 2019; and plaintiff shall file his reply August 15, 2019. No further extensions of time will be granted absent extraordinary circumstances. Signed by Judge Ketanji Brown Jackson on 3/1/19. (ms) (Entered: 03/01/2019)
2019-03-01Set/Reset Deadlines: Cross Motions due by 6/21/2019. Response to Cross Motions due by 7/18/2019. Reply to Cross Motions due by 8/15/2019. Summary Judgment motions due by 5/23/2019. Response to Motion for Summary Judgment due by 6/21/2019. Reply to Motion for Summary Judgment due by 7/18/2019. (gdf) (Entered: 03/01/2019)
2019-03-0741Memorandum in opposition to re 40 MOTION for Extension of Time to filed by ANTHONY DONATO. (jf) (Entered: 03/11/2019)
2019-05-2142MOTION for Extension of Time to by BUREAU OF PRISONS, EXECUTIVE OFFICE UNITED STATES ATTORNEYS (Attachments: # 1 Text of Proposed Order)(McBride, Patricia) (Entered: 05/21/2019)
2019-05-30MINUTE ORDER: Defendants' motion for an extension of time 42 is granted. Defendants shall file their renewed summary judgment motion by June 11, 2019; plaintiff shall file his opposition and cross-motion by July 9, 2019; defendants shall file their reply and opposition to plaintiff's cross-motion by August 6, 2019; and plaintiff shall file his reply by September 2, 2019. Signed by Judge Ketanji Brown Jackson on 5/30/19. (ms) (Entered: 05/30/2019)
2019-05-30Set/Reset Deadlines: Cross Motions due by 7/9/2019. Response to Cross Motions due by 8/6/2019. Reply to Cross Motions due by 9/2/2019. Summary Judgment motions due by 6/11/2019. Response to Motion for Summary Judgment due by 7/9/2019. Reply to Motion for Summary Judgment due by 8/6/2019. (gdf) (Entered: 05/31/2019)
2019-06-1143MOTION for Extension of Time to File renewed motion for summary judgment by BUREAU OF PRISONS, EXECUTIVE OFFICE UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION (McBride, Patricia) (Entered: 06/11/2019)
2019-06-25MINUTE ORDER: The Court set a briefing schedule on May 1, 2018 for Defendants' renewed summary judgment motion, and modified the schedule on August 15, 2018. Defendants since have requested (ECF Nos. 33, 38, 40, 42) and the Court has granted four generous extensions of time over Plaintiff's objections. Nevertheless, the Court grants Defendants' motion 43 for an extension of time. Defendants' renewed motion for summary judgment is due July 5, 2019; Plaintiff's opposition and cross-motion is due August 5, 2019; Defendants' reply and opposition are due September 5, 2019; and Plaintiff's cross-motion reply is due October 4, 2019. Signed by Judge Ketanji Brown Jackson on 6/24/19. (ms) (Entered: 06/25/2019)
2019-06-25Set/Reset Deadlines: Cross Motions due by 8/5/2019. Response to Cross Motions due by 9/5/2019. Reply to Cross Motions due by 10/4/2019. Summary Judgment motions due by 7/5/2019. Response to Motion for Summary Judgment due by 8/5/2019. Reply to Motion for Summary Judgment due by 9/5/2019. (gdf) (Entered: 06/26/2019)
2019-07-0344MOTION for Extension of Time to File by BUREAU OF PRISONS, EXECUTIVE OFFICE UNITED STATES ATTORNEYS (McBride, Patricia) (Entered: 07/03/2019)
2019-07-1645MOTION for Extension of Time to file renewed Motion for Summary Judgment by BUREAU OF PRISONS, EXECUTIVE OFFICE UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION (McBride, Patricia) (Entered: 07/16/2019)
2019-08-2650Memorandum in opposition re 44 MOTION for Extension of Time to File filed by ANTHONY DONATO. "Leave to file GRANTED" Signed by Ketanji Brown Jackson, USDJ on 08/26/2019 (jf) (Entered: 09/12/2019)
2019-08-2946MOTION for Summary Judgment by BUREAU OF PRISONS, EXECUTIVE OFFICE UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Notice to Counsel/Party of In Camera/Ex Parte Filing)(McBride, Patricia) (Entered: 08/29/2019)
2019-08-3047NOTICE by BUREAU OF PRISONS, EXECUTIVE OFFICE UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION (McBride, Patricia) (Entered: 08/30/2019)
2019-08-3048NOTICE by BUREAU OF PRISONS, EXECUTIVE OFFICE UNITED STATES ATTORNEYS (Attachments: # 1 Declaration)(McBride, Patricia) (Entered: 08/30/2019)
2019-08-30MINUTE ORDER: Defendants' July 3, 2019 motion for an extension of time 44 is DENIED as moot, and their July 16, 2019 motion 45 is GRANTED nunc pro tunc. Defendants' renewed summary judgment motion is due by August 29, 2019; plaintiff's opposition and cross-motion are due by September 30, 2019; defendant's reply and opposition to plaintiff's cross-motion are due by October 24, 2019; and plaintiff's cross-reply is due by November 21, 2019. Signed by Judge Ketanji Brown Jackson on 8/30/19. (ms)' (Entered: 08/30/2019)
2019-08-3049Order advising plaintiff to respond by 9/30/2019 to Defendants' Motion for Summary Judgment 46 . Signed by Judge Ketanji Brown Jackson on 8/30/19. (ms) (Entered: 08/30/2019)
2019-09-03Set/Reset Deadlines: Cross Motions due by 9/30/2019. Response to Cross Motions due by 10/24/2019. Reply to Cross Motions due by 11/21/2019. Summary Judgment motions due by 8/29/2019. Response to Motion for Summary Judgment due by 9/30/2019. Reply to Motion for Summary Judgment due by 10/24/2019. (gdf) (Entered: 09/03/2019)
2019-09-2351MOTION to Compel, MOTION for Extension of Time by ANTHONY DONATO (jf) (Entered: 09/25/2019)
2019-09-30MINUTE ORDER. Pending before the Court is Plaintiff's 37 Motion for Reconsideration, in which he asks this Court to reconsider its grant of summary judgment to the FBI on its Glomar response. To date, Defendants have not filed any response to this motion. Accordingly, it is hereby ORDERED that Defendants shall file any response to the 37 Motion for Reconsideration on or before 10/28/2019, and that Plaintiff shall file any reply on or before 11/25/2019. It is FURTHER ORDERED, in the interest of judicial economy, that this Court's consideration of the 37 Motion for Reconsideration is ADMINISTRATIVELY STAYED pending completion of this briefing. This stay has no effect on any deadlines otherwise set in this matter. Signed by Judge Ketanji Brown Jackson on 9/30/2019. (lckbj1) Modified on 10/9/2019, to correct a chambers error. (zgdf). (Entered: 09/30/2019)
2019-09-30Set/Reset Deadlines: Plaintiff's Reply to Defendant's Response to the Motion to Reconsider due by 11/25/2019. (zjch) (Entered: 10/01/2019)
2019-10-2452MOTION for Extension of Time to by BUREAU OF PRISONS, EXECUTIVE OFFICE UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION (McBride, Patricia) (Entered: 10/24/2019)
2019-10-3053MOTION for Extension of Time by ANTHONY DONATO (ztd) (Entered: 10/31/2019)
2019-11-1954Memorandum in opposition to re 46 MOTION for Summary Judgment filed by ANTHONY DONATO. (Attachments: # 1 Exhibits)(jf) (Entered: 11/22/2019)
2019-12-0955MOTION for Extension of Time to by BUREAU OF PRISONS, EXECUTIVE OFFICE UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION (McBride, Patricia) (Entered: 12/09/2019)
2019-12-26MINUTE ORDER granting, for good cause shown, 52 , 55 Motion for Extension of Time, nunc pro tunc. Is is hereby ORDERED that Defendants shall file any response to the 37 Motion for Reconsideration on or before 1/30/2020, and that Plaintiff shall file any reply on or before 2/28/2020. Signed by Judge Ketanji Brown Jackson on 12/26/2019. (jag) (Entered: 12/26/2019)
2019-12-26Set/Reset Deadlines: Responses due by 1/30/2020 (zjch) (Entered: 12/27/2019)
2020-01-3056REPLY to opposition to motion re 46 MOTION for Summary Judgment filed by BUREAU OF PRISONS, EXECUTIVE OFFICE UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Declaration)(McBride, Patricia) (Entered: 01/30/2020)
2020-07-07MINUTE ORDER granting 53 Motion for Extension of Time, nunc pro tunc. It is hereby ORDERED that Plaintiff's brief is accepted as timely. Signed by Judge Ketanji Brown Jackson on 7/7/2020. (jag) (Entered: 07/07/2020)
2020-11-0957MOTION to Expedite by ANTHONY DONATO (eg) (Entered: 11/13/2020)
2021-05-13MINUTE ORDER. Pending before the Court is Plaintiff's 37 Motion for Reconsideration, in which he asks this Court to reconsider its grant of summary judgment to the FBI on its Glomar response. On September 30, 2019, this Court entered a Minute Order noting that Defendants had yet to respond to the motion for reconsideration, and setting a deadline for Defendants to file a response. To date, Defendants have not filed any response to the motion. Accordingly, it is hereby ORDERED that, on or before 5/21/2021, Defendants shall file a response to the 37 Motion for Reconsideration. It is FURTHER ORDERED that Plaintiff shall file any reply on or before 6/25/2021. If Defendants fail to respond to the motion, this Court may grant it as conceded. Signed by Judge Ketanji Brown Jackson on 5/13/2021. (jag) (Entered: 05/13/2021)
2021-05-2158RESPONSE re 37 MOTION for Reconsideration filed by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Declaration Seidel Declaration)(McBride, Patricia) (Entered: 05/21/2021)
2021-06-2159MOTION for Extension of Time by ANTHONY DONATO. (eg) (Entered: 06/28/2021)
2021-06-29ENTERED IN ERROR.....Case randomly reassigned to Judge Tanya S. Chutkan. Judge Ketanji Brown Jackson has been appointed to the DC Circuit and is no longer assigned to the case. (rj) Modified on 6/29/2021 (rj). (Entered: 06/29/2021)
2021-06-29Judge Ketanji Brown Jackson has been elevated to serve on the U.S.Court of Appeals for the D.C. Circuit. She is therefore no longerassigned to this case, and this matter has been reassigned to theCalendar Committee, which will oversee it until it is assigned toanother district judge. Any questions should be directed to JudgeJackson's former deputy clerk, Gwendolyn Franklin, at 202-354-3145or gwen_franklin@dcd.uscourts.gov. (rj) (Entered: 06/29/2021)
2021-06-29MINUTE ORDER granting 59 Plaintiff's Motion for Extension of Time: It is hereby ORDERED that Plaintiff shall submit his reply in support of 37 his motion for reconsideration on or before August 9, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 6/29/2021. (lcrc1) (Entered: 06/29/2021)
2021-06-30Set/Reset Deadlines: Reply due by 8/9/2021. (zgdf) (Entered: 06/30/2021)
2021-07-1560REPLY to opposition re 37 MOTION for Reconsideration filed by ANTHONY DONATO. (zjf) (Entered: 07/19/2021)
2021-10-01Case directly reassigned to Judge Florence Y. Pan. Judge Ketanji Brown Jackson has been appointed to the D.C. Circuit and is no longer assigned to the case. (ztnr) (Entered: 10/01/2021)
2021-11-0561ORDER denying 37 Motion for Reconsideration. Signed by Judge Florence Y. Pan on 11/5/21. (lcaa) (Entered: 11/05/2021)
2021-11-0562MEMORANDUM OPINION regarding Plaintiff's 37 Motion for Reconsideration. Signed by Judge Florence Y. Pan on 11/5/21. (lcaa) (Entered: 11/05/2021)
2021-11-05MINUTE ORDER denying Plaintiff's 57 Motion to Expedite. This case was recently transferred and the Court is in the process of addressing Plaintiff's claims. Signed by Judge Florence Y. Pan on 11/5/21. (lcaa) (Entered: 11/05/2021)
2021-11-0563ORDER granting 51 Motion to Compel. Signed by Judge Florence Y. Pan on 11/5/21. (lcaa) Modified on 11/6/2021 to correct disposition text. (lcaa). (Entered: 11/05/2021)
2021-11-12MINUTE ORDER: In their renewed 46 Motion for Summary Judgment, Defendants rely on two declarations: (1) the second [56-1] Declaration of Sandra Raymond, which was submitted as an exhibit to Defendants' Reply Brief; and (2) an ex parte , in camera declaration. In its 63 Order granting Plaintiff's Motion to Compel, the Court ordered Defendants to file redacted, public versions of any declarations that they have submitted ex parte and in camera . Plaintiff did not receive the public versions of Defendants' declarations or the second Raymond Declaration before filing his Opposition to the renewed Motion for Summary Judgment. Accordingly, Defendants are ORDERED to file public versions of their declarations by December 3, 2021. It is further ORDERED that Plaintiff may file a Supplement to his Opposition to the Motion for Summary Judgment that addresses the declarations filed by Defendants, on or before January 3, 2022; and Defendants may file a Response to any such Supplement by January 17, 2022. Signed by Judge Florence Y. Pan on 11/12/21. (lcaa) (Entered: 11/12/2021)
2021-11-12Set/Reset Deadlines/Hearings: Public versions of defendants' declarations due by 12/3/2021. Plaintiff's supplemental opposition to the Motion for Summary Judgment due by 1/3/2022. Defendants' response to supplemental opposition due by 1/17/2022. (zcdw) (Entered: 11/12/2021)
2021-11-15MINUTE ORDER denying Plaintiff's 51 Motion for Extension of Time to File his Opposition to the Motion for Summary Judgment as moot. Plaintiff filed his 54 Opposition to the Motion for Summary Judgment on November 19, 2019; and in the MINUTE ORDER issued on November 12, 2021, the Court granted him leave to file a Supplement to his Opposition by January 3, 2022. Signed by Judge Florence Y. Pan on 11/15/21. (lcaa) (Entered: 11/15/2021)
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