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Case TitleSARNO v. UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv00677
Date Filed2016-04-08
Date ClosedOpen
JudgeJudge Rosemary M. Collyer
PlaintiffMICHAEL JOHN SARNO
Case DescriptionMichael Sarno, a federal prisoner, submitted FOIA requests to the Bureau of Alcohol , Tobacco and Firearms, and the Tax Division of the Department of Justice for records about his criminal conviction. BATF did not respond and Sarno filed an appeal with OIP because of the delay. BATF then began processing his request, but Sarno heard nothing further from the agency. The Tax Division referred his request to the IRS and EOUSA. Both the IRS and EOUSA responded to Sarno's request and denied most of the responsive records. Sarno then appealed those decisions. After hearing nothing further, Sarno filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Recovery of Costs

DefendantUNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES
DefendantUNITED STATES DEPARTMENT OF JUSTICE, TAX DIVISION
DefendantUNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF INFORMATION POLICY
TERMINATED: 02/24/2017
DefendantUNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF INFORMATION POLICY
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [35]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-04-081COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF INFORMATION POLICY, UNITED STATES DEPARTMENT OF JUSTICE, TAX DIVISION ( Filing fee $ 400, receipt number 4616077016) filed by MICHAEL JOHN SARNO. (Attachments: # 1 Civil Cover Sheet)(zrdj) (Entered: 04/12/2016)
2016-04-11SUMMONS (5) Issued as to UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF INFORMATION POLICY, UNITED STATES DEPARTMENT OF JUSTICE, TAX DIVISION, U.S. Attorney and U.S. Attorney General (zrdj) (Entered: 04/12/2016)
2016-05-022RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES served on 4/26/2016; UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF INFORMATION POLICY served on 4/26/2016; UNITED STATES DEPARTMENT OF JUSTICE, TAX DIVISION served on 4/26/2016, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/26/2016., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/26/2016. ( Answer due for ALL FEDERAL DEFENDANTS by 5/26/2016.) (zrdj) (Entered: 05/04/2016)
2016-05-093NOTICE of Appearance by Tammy Allison Holloway on behalf of UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF INFORMATION POLICY, UNITED STATES DEPARTMENT OF JUSTICE, TAX DIVISION (Holloway, Tammy) (Entered: 05/09/2016)
2016-05-244MOTION for Extension of Time to File Answer or Dispositive Motion by UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF INFORMATION POLICY, UNITED STATES DEPARTMENT OF JUSTICE, TAX DIVISION (Attachments: # 1 Text of Proposed Order)(Holloway, Tammy) (Entered: 05/24/2016)
2016-05-24MINUTE ORDER granting 4 Motion for Extension of Time. Defendants shall answer or otherwise respond by June 27, 2016 to the 1 Complaint. Signed by Judge Rosemary M. Collyer on 5/24/2016. (lcrmc3) (Entered: 05/24/2016)
2016-05-24Set/Reset Deadlines/Hearings: Answer or other response to Complaint due by 6/27/2016. (cdw) (Entered: 05/25/2016)
2016-06-245MOTION for Extension of Time to File an Answer or Dispositive Motion by UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF INFORMATION POLICY, UNITED STATES DEPARTMENT OF JUSTICE, TAX DIVISION (Attachments: # 1 Text of Proposed Order)(Holloway, Tammy) (Entered: 06/24/2016)
2016-06-24MINUTE ORDER granting 5 Motion for Extension of Time. Defendants shall answer or otherwise respond by July 27, 2016 to the 1 Complaint. Signed by Judge Rosemary M. Collyer on 6/24/2016. (lcrmc2) (Entered: 06/24/2016)
2016-06-24Set/Reset Deadlines/Hearings: Answer to complaint due by 7/27/2016. (cdw) (Entered: 06/27/2016)
2016-07-156NOTICE re 5 by MICHAEL JOHN SARNO (zrdj) (Entered: 07/18/2016)
2016-07-257MOTION for Extension of Time to File Dispositive Motion by UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF INFORMATION POLICY, UNITED STATES DEPARTMENT OF JUSTICE, TAX DIVISION (Attachments: # 1 Text of Proposed Order)(Holloway, Tammy) (Entered: 07/25/2016)
2016-07-25MINUTE ORDER denying 7 Motion for Extension of Time without prejudice for lack of indication or information that records are being released to the requester as they are cleared. Signed by Judge Rosemary M. Collyer on 7/25/2016. (lcrmc2) (Entered: 07/25/2016)
2016-07-268MOTION for Extension of Time to File a Dispositive Motion by UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF INFORMATION POLICY, UNITED STATES DEPARTMENT OF JUSTICE, TAX DIVISION (Attachments: # 1 Text of Proposed Order)(Holloway, Tammy) (Entered: 07/26/2016)
2016-07-26MINUTE ORDER granting 8 Renewed Motion for Extension of Time. Defendants shall answer or otherwise respond no later than August 26, 2016. No further extensions will be granted. Signed by Judge Rosemary M. Collyer on 7/26/2016. (lcrmc2) (Entered: 07/26/2016)
2016-07-26Set/Reset Deadlines/Hearings: Answer or other response due by 8/26/2016. (cdw) (Entered: 07/27/2016)
2016-08-269ANSWER to 1 Complaint, by UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF INFORMATION POLICY, UNITED STATES DEPARTMENT OF JUSTICE, TAX DIVISION.(Holloway, Tammy) (Entered: 08/26/2016)
2016-08-2610MOTION to Dismiss Claims Against OIP by UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF INFORMATION POLICY (Attachments: # 1 Text of Proposed Order)(Holloway, Tammy) (Entered: 08/26/2016)
2016-08-2611MOTION for Partial Summary Judgment (Defendants' Partial Motion for Summary Judgment for Claims) by UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES (Attachments: # 1 Statement of Facts, # 2 Declaration (Declaration of Stephanie M. Boucher), # 3 Text of Proposed Order)(Holloway, Tammy) (Entered: 08/26/2016)
2016-08-2612PROPOSED BRIEFING SCHEDULE (Defendants' Proposed Briefing Schedule For Claims Involving Tax) by UNITED STATES DEPARTMENT OF JUSTICE, TAX DIVISION. (Holloway, Tammy) (Entered: 08/26/2016)
2016-08-29MINUTE ORDER setting briefing schedule. Defendant United States Department of Justice, Tax Division shall file its Motion for Summary Judgment no later than October 14, 2016. Plaintiff shall file his opposition no later than December 13, 2016. Defendant shall file its reply no later than January 6, 2017. Signed by Judge Rosemary M. Collyer on 8/29/2016. (lcrmc2) (Entered: 08/29/2016)
2016-08-2913ERRATA by UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF INFORMATION POLICY, UNITED STATES DEPARTMENT OF JUSTICE, TAX DIVISION. (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support)(Holloway, Tammy) (Entered: 08/29/2016)
2016-08-3014ORDER advising Plaintiff to respond to 10 Defendant Department of Justice, Office of Information Policy's Motion to Dismiss, or the Court may deem the matter conceded. Plaintiff's response is due by October 28, 2016. Signed by Judge Rosemary M. Collyer on 8/30/2016. (lcrmc2) (Entered: 08/30/2016)
2016-08-3015ORDER advising Plaintiff to respond to 11 Defendant Department of Justice, Bureau of Alcohol, Tobacco, Firearms, and Explosives' Partial Motion for Summary Judgment, or the Court may deem the matter conceded. Plaintiff's response is due by October 28, 2016. Signed by Judge Rosemary M. Collyer on 8/30/2016. (lcrmc2) (Entered: 08/30/2016)
2016-09-1516Mail Returned as undeliverable sent to Michael John Sarno. Type of Document Returned: Court's Order of 6/24/2016. Court's Orders of 6/24/2016 and 8/30/2016 resent at new address: FCI PETERSBURG MEDIUM; FEDERAL CORRECTIONAL INSTITUTION; P.O. BOX 1000; PETERSBURG, VA 23804. (cdw) (Entered: 09/15/2016)
2016-10-0717MOTION for Extension of Time to File Response/Reply as to 10 MOTION to Dismiss Claims Against OIP , 11 MOTION for Partial Summary Judgment (Defendants' Partial Motion for Summary Judgment for Claims) by MICHAEL JOHN SARNO (zrdj) (Entered: 10/12/2016)
2016-10-1418NOTICE OF WITHDRAWAL OF APPEARANCE as to UNITED STATES DEPARTMENT OF JUSTICE, TAX DIVISION. Attorney Tammy Allison Holloway terminated. (Holloway, Tammy) (Entered: 10/14/2016)
2016-10-1419MOTION for Partial Summary Judgment For Claims Involving Tax by UNITED STATES DEPARTMENT OF JUSTICE, TAX DIVISION (Attachments: # 1 Declaration, # 2 Statement of Facts, # 3 Text of Proposed Order)(Hoffman-Logsdon, Megan) (Entered: 10/14/2016)
2016-10-17MINUTE ORDER granting 17 Plaintiff's Motion for Extension of Time. Plaintiff shall file his Response to 10 Defendants' Motion to Dismiss and 11 Motion for Partial Summary Judgment no later than November 28, 2016. Signed by Judge Rosemary M. Collyer on 10/17/2016. (lcrmc3) (Entered: 10/17/2016)
2016-10-17Set/Reset Deadlines/Hearings: Response to 10 due by 11/28/2016. (cdw) (Entered: 10/18/2016)
2016-11-2820MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Nicholas A. Caputo, :Firm- Caputo & Popovic, PC, :Address- 739 S Western Avenue, Suite 1, Chicago IL 60612. Phone No. - 312-300-3800. Fax No. - 888-463-5405 Email: ncaputo@caputolawfirm.com. Filing fee $ 100, receipt number 0090-4757184. Fee Status: Fee Paid. by MICHAEL JOHN SARNO (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Schertler, David) (Entered: 11/28/2016)
2016-11-2821MOTION for Extension of Time to File Response/Reply as to 10 MOTION to Dismiss Claims Against OIP , 11 MOTION for Partial Summary Judgment (Defendants' Partial Motion for Summary Judgment for Claims) , 19 MOTION for Partial Summary Judgment For Claims Involving Tax by MICHAEL JOHN SARNO (Attachments: # 1 Text of Proposed Order)(Schertler, David) (Entered: 11/28/2016)
2016-11-29MINUTE ORDER granting 20 Motion for Leave to Appear Pro Hac Vice. Mr. Caputo may appear pro hac vice for Plaintiff. Signed by Judge Rosemary M. Collyer on 11/29/2016. (lcrmc1) (Entered: 11/29/2016)
2016-11-29MINUTE ORDER granting 21 Motion for Extension of Time to File Response/Reply. Plaintiff shall file his Response to Defendant OIP's 10 Motion to Dismiss and Defendant ATF's 11 Motion for Partial Summary Judgment no later than January 27, 2017. Defendants ATF and OIP shall file any reply by February 20, 2017. Plaintiff shall file his response to Defendant Tax's 19 Motion for Partial Summary Judgment no later than February 13, 2017. Defendant Tax shall file any reply by March 7, 2017. Signed by Judge Rosemary M. Collyer on 11/29/2016. (lcrmc1) (Entered: 11/29/2016)
2016-11-29Set/Reset Deadlines/Hearings: Response to 10 and 11 due by 1/27/2017. Replies due by 2/20/2017. Response to Motion for Partial Summary Judgment due by 2/13/2017. Reply to Motion for Partial Summary Judgment due by 3/7/2017. (cdw) (Entered: 12/01/2016)
2017-01-2622Consent MOTION for Extension of Time to File Response/Reply as to 10 MOTION to Dismiss Claims Against OIP , 11 MOTION for Partial Summary Judgment (Defendants' Partial Motion for Summary Judgment for Claims) , 19 MOTION for Partial Summary Judgment For Claims Involving Tax by MICHAEL JOHN SARNO (Attachments: # 1 Text of Proposed Order)(Schertler, David) (Entered: 01/26/2017)
2017-01-26NOTICE OF ERROR re 22 Motion for Extension of Time to File Response/Reply; emailed to dschertler@schertlerlaw.com, cc'd 8 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. In future, signature on document must match ECF login; Do not refile. (znmw, ) (Entered: 01/26/2017)
2017-01-27MINUTE ORDER granting 22 Motion for Extension of Time to File Response/Reply. Plaintiff shall file his responses to Defendants' 10 , 11 , and 19 Motions on or before February 24, 2017. Defendants shall file any responses on or before March 21, 2017. Signed by Judge Rosemary M. Collyer on 1/27/2017. (lcrmc1) (Entered: 01/27/2017)
2017-01-27Set/Reset Deadlines/Hearings: Response to 10 , 11 , and 19 due by 2/24/2017. Replies due by 3/21/2017. (cdw) (Entered: 01/30/2017)
2017-02-2423RESPONSE re 11 MOTION for Partial Summary Judgment (Defendants' Partial Motion for Summary Judgment for Claims) filed by MICHAEL JOHN SARNO. (Caputo, Nicholas) (Entered: 02/24/2017)
2017-02-2424NOTICE of Voluntary Dismissal re United States Department of Justice, Office of Information Policy (Caputo, Nicholas) (Entered: 02/24/2017)
2017-02-2425RESPONSE re 19 MOTION for Partial Summary Judgment For Claims Involving Tax filed by MICHAEL JOHN SARNO. (Attachments: # 1 Exhibit Exhibit 1)(Caputo, Nicholas) (Entered: 02/24/2017)
2017-03-0926Consent MOTION for Extension of Time to File Response/Reply by UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES (Holloway, Tammy) (Entered: 03/09/2017)
2017-03-1427MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Partial Summary Judgment For Claims Involving Tax by UNITED STATES DEPARTMENT OF JUSTICE, TAX DIVISION (Attachments: # 1 Text of Proposed Order)(Hoffman-Logsdon, Megan) (Entered: 03/14/2017)
2017-03-2028ERRATA by UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES 26 Consent MOTION for Extension of Time to File Response/Reply filed by UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES. (Holloway, Tammy) (Entered: 03/20/2017)
2017-03-20MINUTE ORDER granting 26 and 27 Motions for Extension of Time to File Response/Reply. ATF and Tax Defendants shall file their replies on or before April 18, 2017. Signed by Judge Rosemary M. Collyer on 3/20/17. (lcrmc1) (Entered: 03/20/2017)
2017-03-20Set/Reset Deadlines/Hearings: ATF and Tax Defendants' replies due by 4/18/2017. (zcdw) (Entered: 03/23/2017)
2017-03-29MINUTE ORDER approving 24 Notice of Voluntary Dismissal of Defendant United States Department of Justice, Office of Information Policy (OIP). All claims against OIP are dismissed and OIP's 10 Motion to Dismiss is denied as moot. Signed by Judge Rosemary M. Collyer on 3/29/2017. (lcrmc1) (Entered: 03/29/2017)
2017-04-1129MOTION to Stay by UNITED STATES DEPARTMENT OF JUSTICE, TAX DIVISION (Attachments: # 1 Text of Proposed Order)(Hoffman-Logsdon, Megan) (Entered: 04/11/2017)
2017-04-12MINUTE ORDER granting in part and denying in part 29 Motion to Stay by Defendant United States Department of Justice, Tax Division. Proceedings in this matter shall be stayed as to the Tax Division until June 12, 2017. Signed by Judge Rosemary M. Collyer on 4/12/2017. (lcrmc1) (Entered: 04/12/2017)
2017-04-1830REPLY to opposition to motion re 11 MOTION for Partial Summary Judgment (Defendants' Partial Motion for Summary Judgment for Claims) filed by UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES. (Attachments: # 1 Text of Proposed Order)(Holloway, Tammy) (Entered: 04/18/2017)
2017-05-0131MOTION for Leave to File Local Rule 7(h) Statement in Support of Plaintiff Sarno's Response to ATF's Motion for Partial Summary Judgment by MICHAEL JOHN SARNO (Attachments: # 1 Exhibit Sarno's Local Rule 7(h) Statement, # 2 Exhibit Proposed Order)(Caputo, Nicholas) (Entered: 05/01/2017)
2017-06-1232REPLY to opposition to motion re 19 MOTION for Partial Summary Judgment For Claims Involving Tax filed by UNITED STATES DEPARTMENT OF JUSTICE, TAX DIVISION. (Attachments: # 1 Declaration, # 2 Declaration, # 3 Declaration, # 4 Declaration, # 5 Declaration)(Hoffman-Logsdon, Megan) (Entered: 06/12/2017)
2017-06-13NOTICE OF ERROR re 32 Reply to opposition to Motion; emailed to megan.e.hoffman-logsdon@usdoj.gov, cc'd 9 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. Declaration #4 attached to Reply w (Entered: 06/13/2017)
2017-06-1433ERRATA by UNITED STATES DEPARTMENT OF JUSTICE, TAX DIVISION 32 Reply to opposition to Motion, filed by UNITED STATES DEPARTMENT OF JUSTICE, TAX DIVISION. (Attachments: # 1 Declaration)(Hoffman-Logsdon, Megan) (Attachment 1 replaced on 6/15/2017) (znmw). (Entered: 06/14/2017)
2017-06-21MINUTE ORDER granting 31 Motion for Leave to File Local Rule 7(h) statement. The Court deems Plaintiff Sarno's Local Rule 7(h) Statement filed instanter. Signed by Judge Rosemary M. Collyer on 6/21/2017. (lcrmc1) (Entered: 06/21/2017)
2017-06-2134Local Rule 7(h) statement by MICHAEL JOHN SARNO (zrdj) (Entered: 06/22/2017)
2017-09-2935MEMORANDUM AND OPINION. Signed by Judge Rosemary M. Collyer on 9/29/2017. (lcrmc1) (Entered: 09/29/2017)
2017-09-2936ORDER denying Defendant ATF's 11 Motion for Summary Judgment and granting Defendant Tax's 19 Motion for Summary Judgment. Judgment is entered in favor of Defendant Tax on all of Plaintiff's claims. It is further ordered that Defendant ATF submit supplemental affidavits to the Court. See Order for further details. Signed by Judge Rosemary M. Collyer on 9/29/2017. (lcrmc1) (Entered: 09/29/2017)
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