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Case TitleDJENASEVIC v. EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv02085
Date Filed2016-10-20
Date Closed2018-08-14
JudgeJudge Royce C. Lamberth
PlaintiffKABIL ANTON DJENASEVIC
DefendantEXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY
DefendantDRUG ENFORCEMENT AGENCY
DefendantUNITED STATES BUREAU OF PRISONS
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [66]
FOIA Project Annotation: Judge Royce Lamberth has ruled that Department of Justice conducted an adequate search for records concerning Kabil Djenasevic, who had been convicted of possession of heroin, and properly withheld records under Exemption 3 (other statutes) and Exemption 7 (law enforcement records). Lamberth also rejected Djenasevic's Privacy Act requests for correction of his records and access to records pertaining to him. After having his original conviction thrown out by the Eleventh Circuit for ineffective counsel, Djenasevic was retried and convicted. He then made a number of FOIA and Privacy Act requests to various DOJ components. Lamberth found that his Privacy Act allegations failed to state a claim since the correction allegation was filed after the two-year statute of limitation had expired and that his access claim was also barred because all his records were in exempt systems of records. As to the FOIA claims, Lamberth agreed that grand jury records were properly withheld under Rule 6(e) on grand jury secrecy. Approving the agency's redactions under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records), Lamberth noted that "DEA withheld the identifying information of third parties, such as law enforcement personnel, witnesses, suspects, co-defendants, and confidential sources under Exemption 7(C). The court agrees with the agencies that withholding information pertaining to third-parties implicates an important privacy interest. And there is no conceivable public interest, let alone a significant one, that warrants overriding the third-parties' privacy interest in having their identities protected."
Issues: Adequacy - Search, Exemption 3 - Limited agency discretion, Exemption 7(C) - Invasion of privacy concerning law enforcement records
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-10-031COMPLAINT against DRUG ENFORCEMENT AGENCY, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES BUREAU OF PRISONS filed by KABIL ANTON DJENASEVIC. (Attachments: # 1 Civil Cover Sheet)(td) (Entered: 10/21/2016)
2016-10-201COMPLAINT against DRUG ENFORCEMENT AGENCY, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES BUREAU OF PRISONS filed by KABIL ANTON DJENASEVIC. (Attachments: # 1 Civil Cover Sheet)(td) (Entered: 10/21/2016)
2016-10-202MOTION for Leave to Proceed in forma pauperis by KABIL ANTON DJENASEVIC (td) (Entered: 10/21/2016)
2016-10-203PRISONER ACCOUNT STATEMENT by KABIL ANTON DJENASEVIC. (td) (Entered: 10/21/2016)
2016-10-204ORDER directing an initial partial filing fee in the amount of $90.00 from Prison Account of KABIL ANTON DJENASEVIC and granting MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Signed by Judge Tanya S. Chutkan on 10/14/16. (td) (Entered: 10/21/2016)
2016-10-20SUMMONS Not Issued as to DRUG ENFORCEMENT AGENCY, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES BUREAU OF PRISONS, U.S. Attorney and U.S. Attorney General (td) (Entered: 10/21/2016)
2016-10-255SUMMONS (5) Issued as to DRUG ENFORCEMENT AGENCY, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES BUREAU OF PRISONS, U.S. Attorney and U.S. Attorney General (jd) (Entered: 10/25/2016)
2016-11-016RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/1/2016. Answer due for ALL FEDERAL DEFENDANTS by 12/1/2016, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/29/2016. (zrdj) Modified on 11/3/2016 (zrdj). (Entered: 11/03/2016)
2016-11-047MOTION TO REQUIRE DETAILED INDEXING, JUSTIFICATION, AND ITEMIZATION by KABIL ANTON DJENASEVIC (zrdj) (Entered: 11/08/2016)
2016-11-088RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DRUG ENFORCEMENT AGENCY served on 11/3/2016; UNITED STATES BUREAU OF PRISONS served on 11/3/2016 (zrdj) (Entered: 11/09/2016)
2016-11-219MOTION for Extension of Time to Answer or Otherwise Respond to Complaint (combined with opposition to motion to require indexing) by DRUG ENFORCEMENT AGENCY, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES BUREAU OF PRISONS (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 11/21/2016)
2016-11-2110Memorandum in opposition to re 7 MOTION TO REQUIRE DETAILED INDEXING, JUSTIFICATION, AND ITEMIZATION (duplicate of docket entry number 9) filed by DRUG ENFORCEMENT AGENCY, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES BUREAU OF PRISONS. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 11/21/2016)
2016-11-3011ORDER denying 7 Motion to Require Detailed Indexing, Justification, and Itemization; granting 9 Motion for Extension of Time to Answer or Otherwise Respond to Complaint. It is FURTHER ORDERED that the Defendants shall have to, and including, January 18, 2017, to answer or otherwise respond to the Complaint. Signed by Judge Royce C. Lamberth on 11/30/2016. (tg) (Entered: 11/30/2016)
2016-12-0212REPLY to opposition to motion re 7 MOTION TO REQUIRE DETAILED INDEXING, JUSTIFICATION, AND ITEMIZATION filed by KABIL ANTON DJENASEVIC. (zrdj) (Entered: 12/06/2016)
2017-01-1713NOTICE OF SUBSTITUTION OF COUNSEL by Joshua L. Rogers on behalf of EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY Substituting for attorney Jeremy S. Simon (Rogers, Joshua) (Entered: 01/17/2017)
2017-01-1714NOTICE OF SUBSTITUTION OF COUNSEL by Joshua L. Rogers on behalf of All Defendants Substituting for attorney Jeremy S. Simon (Rogers, Joshua) (Entered: 01/17/2017)
2017-01-1715MOTION for Extension of Time to File Answer re 1 Complaint by DRUG ENFORCEMENT AGENCY, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES BUREAU OF PRISONS (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 01/17/2017)
2017-01-2616ORDER granting 15 Motion for Extension of Time to Answer All Defendants. Set/Reset Deadlines: Answer due by 3/1/2017. Signed by Judge Royce C. Lamberth on 1/25/17. (zlsj) (Entered: 01/26/2017)
2017-02-2317MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 02/23/2017)
2017-03-02MINUTE ORDER granting 17 Defendants' Motion for an Extension of Time to March 31, 2017, to respond to the complaint. SO ORDERED. Signed by Judge Royce C. Lamberth on 3/2/17.(ah) (Entered: 03/02/2017)
2017-03-2418MOTION to Take Judicial Notice by KABIL ANTON DJENASEVIC (zrdj) (Entered: 03/27/2017)
2017-03-3119ANSWER to 1 Complaint by DRUG ENFORCEMENT AGENCY, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES BUREAU OF PRISONS.(Rogers, Joshua) (Entered: 03/31/2017)
2017-03-3120NOTICE OF ADDITIONAL FILING by DRUG ENFORCEMENT AGENCY, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES BUREAU OF PRISONS re 19 Answer to Complaint (Rogers, Joshua) (Entered: 03/31/2017)
2017-04-0421ORDER directing the defendants to file a dispositive motion or a proposed schedule by April 21, 2017 (see written order for details). Signed by Judge Royce C. Lamberth on 4/4/17.(ah) (Entered: 04/04/2017)
2017-04-04Set/Reset Deadlines: Dispositive Motions due by 4/21/2017. (zlsj) (Entered: 04/04/2017)
2017-04-1022RESPONSE re 18 MOTION to Take Judicial Notice filed by DRUG ENFORCEMENT AGENCY, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES BUREAU OF PRISONS. (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 04/10/2017)
2017-04-1923MOTION for Extension of Time to File Dispositive Motion or Proposed Schedule by DRUG ENFORCEMENT AGENCY, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES BUREAU OF PRISONS (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 04/19/2017)
2017-04-2024NOTICE of Filing of Certificate of Service by DRUG ENFORCEMENT AGENCY, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES BUREAU OF PRISONS re 23 MOTION for Extension of Time to File Dispositive Motion or Proposed Schedule (Rogers, Joshua) (Entered: 04/20/2017)
2017-04-2825ORDER granting 23 Motion for Extension of Time to File Dispositive Motion or Proposed Schedule. ORDERED that Defendants shall have until 6/5/2017, to answer or otherwise respond to the Complaint. Signed by Judge Royce C. Lamberth on 4/27/17. (lsj) (Entered: 04/28/2017)
2017-05-0526RESPONSE re 19 Answer to Complaint filed by KABIL ANTON DJENASEVIC. (td) (Entered: 05/11/2017)
2017-06-0527MOTION for Briefing Schedule by DRUG ENFORCEMENT AGENCY, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES BUREAU OF PRISONS (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 06/05/2017)
2017-06-0728ORDER denying 18 Motion to Take Judicial Notice. Signed by Judge Royce C. Lamberth on 6/5/17. (lsj) (Entered: 06/07/2017)
2017-06-0729ORDER granting 27 Motion for Briefing Schedule. Furthered ORDERED that the Defendant's shall answer or otherwise respond to Plaintiff's Amended Complaint 7/20/2017. If Defendant files a dispositive motion, Plaintiff shall file his response by 9/4/2017 and Defendants' shall file their reply to Dispositive Motions by 10/4/2017. Signed by Judge Royce C. Lamberth on 6/7/17. (lsj) (Entered: 06/07/2017)
2017-06-0730AMENDED COMPLAINT against DRUG ENFORCEMENT AGENCY, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES BUREAU OF PRISONS filed by KABIL ANTON DJENASEVIC.(zrdj) (Entered: 06/08/2017)
2017-07-1831MOTION for Extension of Time to File Answer re 30 Amended Complaint by DRUG ENFORCEMENT AGENCY, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES BUREAU OF PRISONS (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 07/18/2017)
2017-08-0832ORDER granting 31 Motion for Extension of Time to Answer as to all Defendants. Answer to Amended Complaint due by 9/5/2017. Signed by Judge Royce C. Lamberth on 8/7/17. (lsj) (Entered: 08/08/2017)
2017-08-1733Amended MOTION to Take Judicial Notice of Fabricated Records and Facts by KABIL ANTON DJENASEVIC (td) Modified event title on 8/22/2017 (znmw). (Entered: 08/21/2017)
2017-08-3134RESPONSE re 33 to Plaintiff's Amended Request for Judicial Notice filed by DRUG ENFORCEMENT AGENCY, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES BUREAU OF PRISONS. (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) Modified to add link on 9/1/2017 (znmw). (Entered: 08/31/2017)
2017-09-0135MOTION for Extension of Time to File Answer or Otherwise Respond by DRUG ENFORCEMENT AGENCY, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES BUREAU OF PRISONS (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 09/01/2017)
2017-09-2137NOTICE of Change of Address by KABIL ANTON DJENASEVIC (zrdj) (Entered: 09/26/2017)
2017-09-2236MOTION for Extension of Time to File Answer Nunc Pro Tunc by DRUG ENFORCEMENT AGENCY, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES BUREAU OF PRISONS (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 09/22/2017)
2017-09-2838ORDER denying 33 Motion to Take Judicial Notice. Signed by Judge Royce C. Lamberth on 9/27/17. (lsj) (Entered: 09/28/2017)
2017-09-2839ORDER granting 35 Motion for Extension of Time to File Answer or Otherwise Respond nunc pro tunc. Signed by Judge Royce C. Lamberth on 9/27/17. (lsj) (Entered: 09/28/2017)
2017-09-2840ORDER granting 36 Motion for Extension of Time to Answer. It is further ORDERED that Defendants shall have to 10/10/2017 to answer or otherwise respond to the Amended Complaint. Signed by Judge Royce C. Lamberth on 9/27/17. (lsj) (Entered: 09/28/2017)
2017-09-2841Memorandum in opposition to re 36 MOTION for Extension of Time to File Answer Nunc Pro Tunc filed by KABIL ANTON DJENASEVIC. (zrdj) (Entered: 10/03/2017)
2017-10-0642MOTION for Extension of Time to File Dispositive Motion by DRUG ENFORCEMENT AGENCY, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES BUREAU OF PRISONS (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 10/06/2017)
2017-10-1843MOTION for Extension of Time to File Dispositive Motion by DRUG ENFORCEMENT AGENCY, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES BUREAU OF PRISONS (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Rogers, Joshua) (Entered: 10/18/2017)
2017-10-2444CERTIFICATE OF SERVICE by DRUG ENFORCEMENT AGENCY, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES BUREAU OF PRISONS re 43 MOTION for Extension of Time to File Dispositive Motion . (Rogers, Joshua) (Entered: 10/24/2017)
2018-01-1845MOTION for Extension of Time to File by DRUG ENFORCEMENT AGENCY, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES BUREAU OF PRISONS (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 01/18/2018)
2018-01-1946MOTION for Summary Judgment by DRUG ENFORCEMENT AGENCY, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES BUREAU OF PRISONS (Attachments: # 1 Text of Proposed Order, # 2 Declaration (EOUSA), # 3 Declaration (DEA), # 4 Declaration (BOP))(Rogers, Joshua). Added MOTION to Dismiss on 1/22/2018 (znmw). (Entered: 01/19/2018)
2018-02-0947MOTION to Preclude by KABIL ANTON DJENASEVIC (zrdj) (Entered: 02/12/2018)
2018-02-2048RESPONSE re 47 MOTION to Preclude filed by DRUG ENFORCEMENT AGENCY, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES BUREAU OF PRISONS. (Rogers, Joshua) (Entered: 02/20/2018)
2018-02-2749MOTION for Extension of Time to File Response/Reply as to 46 MOTION to Dismiss MOTION for Summary Judgment by KABIL ANTON DJENASEVIC (zrdj) (Entered: 02/28/2018)
2018-03-1350Cross MOTION for Summary Judgment by KABIL ANTON DJENASEVIC (zrdj) (Entered: 03/20/2018)
2018-04-0351MOTION for Extension of Time to File Response/Reply as to 50 MOTION for Summary Judgment by DRUG ENFORCEMENT AGENCY, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES BUREAU OF PRISONS (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 04/03/2018)
2018-04-2352RESPONSE re 51 MOTION for Extension of Time to File Response/Reply as to 50 MOTION for Summary Judgment filed by KABIL ANTON DJENASEVIC. (tth) (Entered: 04/26/2018)
2018-05-0253REPLY to opposition to motion re 51 MOTION for Extension of Time to File Response/Reply as to 50 MOTION for Summary Judgment filed by DRUG ENFORCEMENT AGENCY, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES BUREAU OF PRISONS. (Rogers, Joshua) (Entered: 05/02/2018)
2018-06-0154REPLY to opposition to motion re 46 MOTION to Dismiss MOTION for Summary Judgment , 50 MOTION for Summary Judgment filed by DRUG ENFORCEMENT AGENCY, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES BUREAU OF PRISONS. (Rogers, Joshua) (Entered: 06/01/2018)
2018-06-0155RESPONSE re 50 Cross MOTION for Summary Judgment filed by DRUG ENFORCEMENT AGENCY, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES BUREAU OF PRISONS. (See Docket Entry 54 to view document). (tth) (Entered: 06/04/2018)
2018-06-04NOTICE OF ERROR re 54 Reply to opposition to Motion; emailed to joshua.rogers3@usdoj.gov, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. DO NOT REFILE. For future reference, please docket all parts of the pleading. (ztth, ) (Entered: 06/04/2018)
2018-06-1856NOTICE of Objection to Defendant's Non-Serving Copy of Filings by KABIL ANTON DJENASEVIC (jf) (Entered: 06/20/2018)
2018-06-2557RESPONSE re 56 Notice (Other) filed by DRUG ENFORCEMENT AGENCY, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES BUREAU OF PRISONS. (Rogers, Joshua) (Entered: 06/25/2018)
2018-07-0958ORDER granting 42 Motion for Extension of Time to File, nunc pro tunc. Signed by Judge Royce C. Lamberth on 7/9/18. (lsj) (Entered: 07/09/2018)
2018-07-0959ORDER granting 43 Motion for Extension of Time to File, nunc pro tunc. Signed by Judge Royce C. Lamberth on 7/9/18. (lsj) (Entered: 07/09/2018)
2018-07-0960ORDER granting 45 Motion for Extension of Time to File, nunc pro tunc. Signed by Judge Royce C. Lamberth on 7/9/18. (lsj) (Entered: 07/09/2018)
2018-07-0961ORDER denying 47 Motion to preclude the defendants from filing opposition to Plaintiff's complaint and subsequent motions. Signed by Judge Royce C. Lamberth on 7/9/18. (lsj) (Entered: 07/09/2018)
2018-07-0962ORDER granting in part and denying in part, nunc pro tunc 49 Motion for Extension of Time to File Response/Reply. Signed by Judge Royce C. Lamberth on 7/9/18. (lsj) (Entered: 07/09/2018)
2018-07-0963ORDER granting 51 Motion for Extension of Time to File Response/Reply, nunc pro tunc. Signed by Judge Royce C. Lamberth on 7/9/18. (lsj) (Entered: 07/09/2018)
2018-07-2065RESPONSE TO ORDER OF THE COURT re 62 Order on Motion for Extension of Time to File Response/Reply filed by KABIL ANTON DJENASEVIC. (jf) (Entered: 07/25/2018)
2018-07-2464SURREPLY to re 50 MOTION for Summary Judgment filed by KABIL ANTON DJENASEVIC. "Let this be filed" by Judge Royce C. Lamberth on 7/24/2018. (tth) (Entered: 07/24/2018)
2018-08-1466MEMORANDUM OPINION re Motion for Summary Judgment 46 and Cross Motion for Summary Judgment 50 . Signed by Judge Royce C. Lamberth on 8/14/18. (lsj) (Entered: 08/14/2018)
2018-08-1467ORDER granting 46 Motion for Summary Judgment and Motion to Dismiss; denying 50 Motion for Summary Judgment. Signed by Judge Royce C. Lamberth on 8/14/18. (lsj) (Entered: 08/14/2018)
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