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Case Titledi Montenegro v. Federal Bureau of Investigation
DistrictEastern District of Virginia
CityAlexandria
Case Number1:2016cv01400
Date Filed2016-11-04
Date Closed2017-06-22
JudgeDistrict Judge James C. Cacheris
PlaintiffTristan di Montenegro
Case DescriptionTristan di Montenegro submitted a FOIA request to the FBI for records concerning the FBI's interactions with him and "civilian proxies." The agency withheld two records under Exemption 7(E) (investigative methods and techniques). He filed an administrative appeal, which was denied. Di Montenegro then filed suit.
Complaint issues: Litigation - Attorney's fees

DefendantFederal Bureau of Investigation General Counsel
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Opinion/Order [26]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-11-041COMPLAINT against Federal Bureau of Investigation, filed by Tristan di Montenegro. (Attachments: # 1 attachment 1, # 2 attachment 1B, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Civil Cover Sheet)(klau, ) (Entered: 11/04/2016)
2016-11-042MOTION for Leave to Proceed in forma pauperis by Tristan di Montenegro. (Attachments: # 1 attachment)(klau, ) (Entered: 11/04/2016)
2016-11-083Sealed ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Signed by District Judge James C. Cacheris on 11/8/2016. (rban, ) (Entered: 11/08/2016)
2016-11-154Summons Issued and given to US Marshal for service as to Federal Bureau of Investigation, U.S. Attorney and U.S. Attorney General (klau, ) (Entered: 11/16/2016)
2016-11-185MOTION for Pro Se E-Noticing by Tristan di Montenegro. (klau, ) (Entered: 11/18/2016)
2016-11-187ORDER granting 5 Motion for Pro Se E-Noticing. Signed by District Judge James C. Cacheris on 11/22/16. (klau, ) (Entered: 11/23/2016)
2016-11-308SUMMONS Returned Executed as to U.S. Attorney served on 11/18/2016, answer due 1/17/2017. (klau, ) (Entered: 11/30/2016)
2016-12-139Affidavit of Service Returned Executed as to U.S. Attorney General. (klau, ) (Entered: 12/14/2016)
2016-12-1910ANSWER to 1 Complaint by Federal Bureau of Investigation.(Barghaan, Dennis) (Entered: 12/19/2016)
2016-12-1911STATUS REPORT by Federal Bureau of Investigation. (Barghaan, Dennis) (Entered: 12/19/2016)
2017-01-1912Affidavit of Service Returned Executed as to Federal Bureau of Investigation. (klau, ) (Entered: 01/19/2017)
2017-02-2313Response to 11 Federal Bureau of Investigations Status Report filed by Tristan di Montenegro. (dest, ) (Entered: 02/24/2017)
2017-03-0314NOTICE of Appearance by Rebecca S. Levenson on behalf of Federal Bureau of Investigation (Levenson, Rebecca) (Entered: 03/03/2017)
2017-03-0915ORDER that 1) Defendant shall complete its search and production of records no later than March 16, 2017; and 2) The parties shall file a joint status report regarding any outstanding issues no later than April 5, 2017. Signed by District Judge James C. Cacheris on 3/9/17. (klau, ) (Entered: 03/09/2017)
2017-04-0416STATUS REPORT by Tristan di Montenegro. (klau, ) (Entered: 04/05/2017)
2017-04-0517NOTICE of Appearance by R. Trent McCotter on behalf of Federal Bureau of Investigation (McCotter, R.) (Entered: 04/05/2017)
2017-04-0518STATUS REPORT by Federal Bureau of Investigation (Attachments: # 1 Proposed Order)(McCotter, R.) Modified text on 4/6/2017 Counsel refiled Amended Status Report as dkt. no. 19(klau, ). (Main Document 18 replaced on 4/6/2017) (gwalk, ). (Entered: 04/05/2017)
2017-04-0519(Amended) Status Report by Federal Bureau of Investigation (Attachments: # 1 Proposed Order)(McCotter, R.) Modified text on 4/6/2017 (klau, ). (Entered: 04/05/2017)
2017-04-0620ORDERED that Defendant shall file its motion for summary judgment, together with an accompanying legal memorandum, on or before 5/19/2017; that Plaintiff shall file his memorandum in opposition to Defendant's motion for summary judgment on or before 6/9/2017; that Defendant shall file it reply memorandum in further support of its motion for summary judgment on or before 6/19/2017; that this matter is set for hearing on 6/22/2017. Signed by District Judge James C. Cacheris on 4/6/2017. (rban, ) (Entered: 04/07/2017)
2017-04-07Alexandria Set/Reset Hearings: Summary Judgment Hearing set for 6/22/2017 at 10:00 AM in Alexandria Courtroom 1000 before District Judge James C. Cacheris. (rban, ) (Entered: 04/07/2017)
2017-05-1921MOTION for Summary Judgment by Federal Bureau of Investigation. (McCotter, R.) (Entered: 05/19/2017)
2017-05-1922Memorandum in Support re 21 MOTION for Summary Judgment filed by Federal Bureau of Investigation. (Attachments: # 1 Exhibit FBI Hardy Declaration, # 2 Exhibit OIG Waller Declaration, # 3 Exhibit ICE Pineiro Declaration, # 4 Exhibit State Stein Declaration)(McCotter, R.) (Entered: 05/19/2017)
2017-05-1923Roseboro Notice as to Motion for Summary Judgment by Federal Bureau of Investigation (McCotter, R.) (Entered: 05/19/2017)
2017-05-19Notice of Correction re 21 MOTION for Summary Judgment , The filing user has been notified to file a Notice of Hearing Date (klau, ) (Entered: 05/19/2017)
2017-05-1924Notice of Hearing Date June 22, 2017 re 21 MOTION for Summary Judgment (McCotter, R.) (Entered: 05/19/2017)
2017-05-22Set Deadlines as to 21 MOTION for Summary Judgment . Motion Hearing set for 6/22/2017 at 10:00 AM in Alexandria Courtroom 1000 before District Judge James C. Cacheris. (clar, ) (Entered: 05/22/2017)
2017-06-2225Minute Entry for proceedings held before District Judge James C. Cacheris: Summary Judgment Hearing / Motion Hearing held on 6/22/2017 re: Defendant's Motion 21 for Summary Judgment. R. Trent McCotter and Dennis C. Barghaan, Jr. present on behalf of defendant. Plaintiff present pro se. Matter briefed, argued, and taken under advisement. Order to follow. (Court Reporter Tonia Harris)(mpha) (Entered: 06/22/2017)
2017-06-2226MEMORANDUM OPINION Signed by District Judge James C. Cacheris on 6/22/17. (gwalk, ) **Order to follow** (Entered: 06/22/2017)
2017-06-2227ORDER - For the reasons stated in the accompanying Memorandum Opinion, it is HEREBY ORDERED that: Defendants Motion for Summary Judgment 21 is GRANTED. THIS ORDER IS FINAL. Signed by District Judge James C. Cacheris on 6/22/17. (gwalk, ) copy mailed to pro se with memorandum opinion (Entered: 06/22/2017)
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by FOIA Project Staff