Skip to content

Case Detail

[Subscribe to updates]
Case TitleBURKE v. DEPARTMENT OF HOMELAND SECURITY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv01595
Date Filed2016-08-05
Date Closed2017-08-08
JudgeJudge Randolph D. Moss
PlaintiffDARRYL BURKE
Case DescriptionDarryl Burke, a federal prisoner, submitted a FOIA request to the Transportation Security Administration for records pertaining to himself and his co-defendant. The agency acknowledged receipt of his request, but after hearing nothing further from the agency, Burke filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantDEPARTMENT OF HOMELAND SECURITY Executive Office
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [15]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-08-051COMPLAINT against DEPARTMENT OF HOMELAND SECURITY filed by DARRYL BURKE. (Attachments: # 1 Civil Cover Sheet)(zrdj) (Entered: 08/05/2016)
2016-08-052MOTION for Leave to Proceed in forma pauperis by DARRYL BURKE (zrdj) (Entered: 08/05/2016)
2016-08-053PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by DARRYL BURKE (zrdj) (Entered: 08/05/2016)
2016-08-054ORDER directing an initial partial filing fee in the amount of $8.20 from Prison Account of DARRYL BURKE and granting 2 MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Signed by Judge Colleen Kollar-Kotelly on 8/1/2016. (zrdj) (Entered: 08/05/2016)
2016-08-05SUMMONS Not Issued as to DEPARTMENT OF HOMELAND SECURITY (zrdj) (Entered: 08/05/2016)
2016-08-05Initiating Pleading & IFP Application Received on 7/13/2016. (zrdj) (Entered: 08/05/2016)
2016-08-115RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF HOMELAND SECURITY served on 8/10/2016, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/10/2016., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/10/2016. ( Answer due for ALL FEDERAL DEFENDANTS by 9/9/2016.) (zrdj) (Entered: 08/11/2016)
2016-08-186NOTICE of Appearance by Jason Todd Cohen on behalf of DEPARTMENT OF HOMELAND SECURITY (Cohen, Jason) (Entered: 08/18/2016)
2016-08-29Partial Filing Fee Received from DARRYL BURKE in the amount of $9.00, receipt number: 4616080160. (zrdj) (Entered: 08/29/2016)
2016-09-087First MOTION for Extension of Time to File Answer re 1 Complaint by DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Proposed Order)(Cohen, Jason) (Entered: 09/08/2016)
2016-09-12MINUTE ORDER: Upon consideration of defendant's motion for an extension of time 7 , the motion is hereby GRANTED, and it is ORDERED that defendant shall be permitted to answer or otherwise respond to the complaint on or before November 9, 2016. Signed by Judge Randolph D. Moss on 9/12/2016. (lcrdm2, ) (Entered: 09/12/2016)
2016-09-128STANDING ORDER: The parties are hereby ordered to comply with the directives set out in the attached Standing Order. See Order for details. Signed by Judge Randolph D. Moss on 9/12/2016. (lcrdm2, ) (Entered: 09/12/2016)
2016-09-12Set/Reset Deadlines: Answer due by 11/9/2016. (dot) (Entered: 09/13/2016)
2016-09-139MOTION for Extension of Time by DARRYL BURKE "LEAVE TO FILE GRANTED" by Judge Randolph D. Moss (zrdj) (Entered: 09/14/2016)
2016-09-16MINUTE ORDER: Upon consideration of plaintiff's motion for an extension of time 9 , the motion is DENIED as moot in light of the Court's order granting defendant an extension of time to answer or otherwise respond to the complaint and the absence of a briefing schedule. Signed by Judge Randolph D. Moss on 9/16/2016. (lcrdm2, ) (Entered: 09/16/2016)
2016-11-0810Second MOTION for Extension of Time to File Answer re 1 Complaint by DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Proposed Order)(Cohen, Jason) (Entered: 11/08/2016)
2016-11-09MINUTE ORDER: Upon consideration of defendant's motion for an extension of time, the motion is GRANTED, and defendant may answer or otherwise respond to the complaint on or before November 16, 2016. Signed by Judge Randolph D. Moss on 11/9/2016. (lcrdm2, ) (Entered: 11/09/2016)
2016-11-09Set/Reset Deadlines: Defendant may answer or otherwise respond to the complaint on or before 11/16/2016. (kt) (Entered: 11/09/2016)
2016-11-1611MOTION to Dismiss or, in the Alternative, for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Declaration of Teri Michele Miller, # 2 Miller Exhibit A, # 3 Miller Exhibit B, # 4 Miller Exhibit C, # 5 Miller Exhibit D, # 6 Miller Exhibit E, # 7 Miller Exhibit F, # 8 Miller Exhibit G)(Cohen, Jason). Added MOTION for Summary Judgment on 11/17/2016 (znmw). (Entered: 11/16/2016)
2016-11-2112ENTERED IN ERROR.....RESPONSE (Addendum) re 11 MOTION to Dismiss or, in the Alternative, for Summary Judgment filed by DARRYL BURKE. (jf) Modified on 12/5/2016 (zrdj). (Entered: 11/23/2016)
2016-12-05NOTICE OF CORRECTED DOCKET ENTRY: re 12 Response to motion was entered in error (Wrong Case) and said pleading will not be refiled. (zrdj) (Entered: 12/05/2016)
2016-12-0513ORDER: It is hereby ORDERED that Plaintiff shall file a brief in opposition to Defendant's Motion to Dismiss or for Summary Judgment 11 on or before December 28, 2016. If he does not file a response within the time provided, the Court may treat any arguments in the Defendant's motion as conceded or may issue an Order to Show Cause why the Complaint should not be dismissed for failure to prosecute. See attached Order for details. Signed by Judge Randolph D. Moss on 12/5/2016. (lcrdm2, ) (Entered: 12/05/2016)
2016-12-05Set/Reset Deadlines: Plaintiff shall file a brief in opposition to Defendant's Motion to Dismiss or for Summary Judgment 11 on or before 12/28/2016. (kt) (Entered: 12/05/2016)
2016-12-3014MOTION for Extension of Time to File Response/Reply as to 11 MOTION to Dismiss or, in the Alternative, for Summary Judgment MOTION for Summary Judgment by DARRYL BURKE "LEAVE TO FILE GRANTED" by Judge Randolph D. Moss (zrdj) (Entered: 12/30/2016)
2017-01-06MINUTE ORDER: Upon consideration of plaintiff's motion for an extension of time 14 , the motion is GRANTED, and plaintiff may file a brief in opposition to Defendant's Motion to Dismiss of for Summary Judgment 11 on or before January 27, 2017. If plaintiff does not file a response within the time provided, the Court may dismiss the complaint for failure to prosecute or may consider only defendant's arguments when ruling on the motion to dismiss. Signed by Judge Randolph D. Moss on 1/6/2017. (lcrdm2, ) (Entered: 01/06/2017)
2017-01-09Set/Reset Deadlines: Plaintiff may file a brief in opposition to Defendant's Motion to Dismiss of for Summary Judgment 11 on or before 1/27/2017. (kt) (Entered: 01/09/2017)
2017-08-0815MEMORANDUM OPINION on Defendant's Motion To Dismiss or, in the Alternative, for Summary Judgment 11 . See attached document for details. A separate Order 16 will issue. Signed by Judge Randolph D. Moss on 8/8/2017. (lcrdm2, ) (Entered: 08/08/2017)
2017-08-0816ORDER: For the reasons stated in the accompanying Memorandum Opinion 15 , it is hereby ORDERED that Defendant's Motion To Dismiss or, in the Alternative, for Summary Judgment is GRANTED. See attached document. Signed by Judge Randolph D. Moss on 8/8/2017. (lcrdm2, ) (Entered: 08/08/2017)
Hide Docket Events
by FOIA Project Staff