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Case TitleKOLBUSZ v. FEDERAL BUREAU OF INVESTIGATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv00319
Date Filed2017-02-17
Date Closed2023-02-17
JudgeJudge Emmet G. Sullivan
PlaintiffROBERT KOLBUSZ
DefendantFEDERAL BUREAU OF INVESTIGATION
DefendantDEPARTMENT OF JUSTICE
DefendantUS DEPT OF JUSTICE
DefendantEXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [82]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-02-171COMPLAINT against FEDERAL BUREAU OF INVESTIGATION ( Filing fee $ 400, receipt number 4616083148) filed by ROBERT KOLBUSZ. (Attachments: # 1 Civil Cover Sheet)(jf) (Entered: 02/23/2017)
2017-02-17SUMMONS Not Issued as to FEDERAL BUREAU OF INVESTIGATION (jf) (Entered: 02/23/2017)
2017-02-172MOTION to list post office box by ROBERT KOLBUSZ (jf) (Entered: 02/23/2017)
2017-03-063SUPPLEMENT to re 1 Complaint filed by ROBERT KOLBUSZ. (jf) (Entered: 03/13/2017)
2017-03-09MINUTE ORDER granting 2 motion to list Post Office Box for service of process. Signed by Judge Emmet G. Sullivan on 3/9/2017. (lcegs4) (Entered: 03/09/2017)
2017-04-244MOTION to Compel by ROBERT KOLBUSZ (jf) (Entered: 04/25/2017)
2017-05-05MINUTE ORDER granting 4 plaintiff's motion to compel clerk assistance with service of process. The Clerk of the Court is directed to prepare a summons for the Federal Bureau of Investigation, United States Attorney for the District of Columbia and the United States Attorney General and to mail those summonses to plaintiff so that plaintiff can effect service pursuant to Federal Rule of Civil Procedure 4(i). Signed by Judge Emmet G. Sullivan on 5/5/2017. (lcegs2) (Entered: 05/05/2017)
2017-05-17SUMMONS (3) Issued as to FEDERAL BUREAU OF INVESTIGATION, U.S. Attorney and U.S. Attorney General (zsb) (Entered: 05/17/2017)
2017-06-02MINUTE ORDER. Plaintiff is hereby ordered to show cause why this case should not be dismissed pursuant to Rule 4(m) of the Federal Rules of Civil Procedure by no later than June 16, 2017. See Fed. R. Civ. P. 4(m) (If a defendant is not served within 90 days after the complaint is filed, the court... must dismiss the action without prejudice against that defendant...). Signed by Judge Emmet G. Sullivan on June 2, 2017. (lcegs2) (Entered: 06/02/2017)
2017-06-025AFFIDAVIT of mailing re 1 Complaint by ROBERT KOLBUSZ. (jf) (Entered: 06/05/2017)
2017-06-05Set/Reset Deadlines: Plaintiff To Show Cause due by 6/16/2017. (mac) (Entered: 06/05/2017)
2017-06-156RESPONSE TO ORDER OF THE COURT re Minute Order Filed On 06/02/2017, Plaintiff is hereby ordered to show cause why this case should not be dismissed pursuant to Rule 4(m) of the Federal Rules of Civil Procedure by no later than June 16, 2017 filed by ROBERT KOLBUSZ. (jf) (Entered: 06/16/2017)
2017-06-277ERRATA 6 RESPONSE TO ORDER OF THE COURT re Minute Order Filed On 06/02/2017, Plaintiff is hereby ordered to show cause why this case should not be dismissed pursuant to Rule 4(m) of the Federal Rules of Civil Procedure by no later than June 16, 2017 filed by ROBERT KOLBUSZ. "Let this be filed" signed by Judge Emmet G. Sullivan on 06/22/2017 (jf) (Entered: 06/27/2017)
2017-08-308AFFIDAVIT of mailing re 1 Complaint by ROBERT KOLBUSZ. (Entered: 09/01/2017)
2017-08-309MOTION for Default Judgment by ROBERT KOLBUSZ (jf) (Entered: 09/01/2017)
2017-12-1510RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/2/2017. ( Answer due for ALL FEDERAL DEFENDANTS by 7/2/2017.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/31/2017., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 5/31/2017 re 8 AFFIDAVIT of mailing re 1 Complaint (jf) (Entered: 12/15/2017)
2018-02-12MINUTE ORDER directing the Clerk of the Court to re-issue the summons and, together with an affidavit of mailing and a copy of this Minute Order, mail those materials to the plaintiff at his address of record. Although Mr. Kolbusz appears to have attempted service on the defendant, see ECF No. 5, his proof of service does not indicate that he received a receipt for the certified mail indicating the date on which the summons and complaint were delivered. Accordingly, plaintiff is directed to re-attempt delivery of the appropriate summons and complaint to the United States attorney, the Attorney General, and the Federal Bureau of Investigation in accordance with Federal Rule of Civil Procedure 4. Mr. Kolbusz is directed to then file proof of service of those summonses and complaint by no later than April 6, 2018. Signed by Judge Emmet G. Sullivan on February 12, 2018. (lcegs2) (Entered: 02/12/2018)
2018-02-13Set/Reset Deadlines: Plaintiff Proof Of Service due by 4/6/2018. (mac) (Entered: 02/13/2018)
2018-02-20SUMMONS (3) REISSUED as to FEDERAL BUREAU OF INVESTIGATION, U.S. Attorney and U.S. Attorney General (zsb) (Entered: 02/20/2018)
2018-03-0911NOTICE of Appearance by Scott Leeson Sroka on behalf of All Defendants (Sroka, Scott) (Entered: 03/09/2018)
2018-03-12MINUTE ORDER denying 9 plaintiff's motion for default judgment. Plaintiff has not adequately established that defendant has been served with the summons and complaint. Signed by Judge Emmet G. Sullivan on March 12, 2018. (lcegs2) (Entered: 03/12/2018)
2018-03-2612MOTION to Alter Judgment as to MINUTE ORDER filed on 03/12/2018 Order on Motion for Default Judgment by ROBERT KOLBUSZ (Attachments: # 1 Exhibit)(jf) (Entered: 03/28/2018)
2018-04-0413Memorandum in opposition to re 12 MOTION to Alter Judgment as to Order on Motion for Default Judgment filed by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Exhibit A)(Sroka, Scott) (Entered: 04/04/2018)
2018-04-0414MOTION for Extension of Time to File Answer by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Exhibit A)(Sroka, Scott) (Entered: 04/04/2018)
2018-04-09MINUTE ORDER denying 12 plaintiff's motion for reconsideration of the Court's Minute Order and granting 14 defendants' motion for an extension of time. Defendants are directed to answer or otherwise respond to plaintiff's complaint by no later than May 4, 2018. In view of 3 plaintiff's supplement to the complaint, the Clerk of the Court is directed to add the Department of Justice and the Executive Office for United States Attorneys as defendants in the ECF docket in this action. Signed by Judge Emmet G. Sullivan on April 9, 2018. (lcegs2) (Entered: 04/09/2018)
2018-04-10Set/Reset Deadlines: Defendant's Answer Or Otherwise Response To Plaintiff's Complaint due by 5/4/2018. (mac) (Entered: 04/10/2018)
2018-05-0415ANSWER to 1 Complaint by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, FEDERAL BUREAU OF INVESTIGATION.(Sroka, Scott) (Entered: 05/04/2018)
2018-05-04MINUTE ORDER. Plaintiff brings this action pursuant to the Freedom of Information Act ("FOIA") and the Privacy Act. The parties are directed to meet and confer and propose a joint scheduling order for further proceedings in this case by no later than May 28, 2018. The parties' joint proposed scheduling order shall address the following: (1) the status of plaintiff's FOIA requests; (2) the anticipated number of documents responsive to plaintiff's FOIA requests; (3) the anticipated date(s), if any, for release of documents responsive to plaintiff's FOIA requests; (4) whether a motion for an Open America stay is likely in this case; (5) whether a Vaughn index will be required in this case; (6) whether this case would benefit from referral to a magistrate judge or the District Court Mediation Program for purposes of settlement; and (7) a proposed briefing schedule for dispositive motions, if applicable. If the parties are unable to agree on a joint recommendation, the joint proposed scheduling order shall include each party's individual recommendations. Signed by Judge Emmet G. Sullivan on May 4, 2018. (lcegs2) (Entered: 05/04/2018)
2018-05-07Set/Reset Deadlines: Joint Scheduling Order due by 5/28/2018. (mac) (Entered: 05/07/2018)
2018-05-2216RESPONSE TO MINUTE ORDER of May 4, 2018 filed by ROBERT KOLBUSZ. (Attachments: # 1 Exhibits 21) (tth) (Entered: 05/25/2018)
2018-05-2917MOTION for Extension of Time to File Proposed Scheduling Order by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, FEDERAL BUREAU OF INVESTIGATION (Sroka, Scott) (Entered: 05/29/2018)
2018-06-05MINUTE ORDER granting 17 defendant's motion for an extension of time. Defendants are directed to file the proposed scheduling order by no later than June 5, 2018. Signed by Judge Emmet G. Sullivan on June 5, 2018. (lcegs2) (Entered: 06/05/2018)
2018-06-05Set/Reset Deadlines: Defendants Proposed Scheduling Order due by 6/5/2018. (mac) (Entered: 06/05/2018)
2018-06-0518STATUS REPORT by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, FEDERAL BUREAU OF INVESTIGATION. (Sroka, Scott) (Entered: 06/05/2018)
2018-06-20MINUTE ORDER. In view of the parties status reports and in light of plaintiffs allegation that he initially made his FOIA request in 2016, the Court directs the FBI to complete its production of documents to plaintiff by no later September 14, 2018. The parties are directed to file a further status report with a recommendation for further proceedings, if any, by no later than September 18, 2018. Signed by Judge Emmet G. Sullivan on June 20, 2018. (lcegs2) (Entered: 06/20/2018)
2018-06-2019LEAVE TO FILE DENIED- Letter filed by Plaintiff. This document is unavailable as the Court denied its filing. "Leave to file Denied" Signed by Judge Emmet G. Sullivan on 06/20/2018. (jf) (Entered: 06/25/2018)
2018-06-21Set/Reset Deadlines: Status Report due by 9/18/2018 (mac) (Entered: 06/21/2018)
2018-06-2620RESPONSE re 18 Status Report filed by ROBERT KOLBUSZ. (jf) (Entered: 06/27/2018)
2018-06-2621MOTION for Leave to File Second Supplemental Pleading by ROBERT KOLBUSZ (Attachments: # 1 Exhibit Second Supplemental)(jf) (Entered: 06/27/2018)
2018-07-20MINUTE ORDER. In view of 18 the parties' joint status report, the parties are directed to file a further joint status with a recommendation for further proceedings by no later than September 18, 2018. Signed by Judge Emmet G. Sullivan on 7/20/2018. (lcegs1) (Entered: 07/20/2018)
2018-07-20MINUTE ORDER. The government is directed to file a response to 21 motion for leave to file second supplemental pleading by no later than August 20, 2018. Signed by Judge Emmet G. Sullivan on 7/20/2018. (lcegs1) (Entered: 07/20/2018)
2018-07-23Set/Reset Deadlines: Joint Status Report due by 9/18/2018. Government Responses To 21 Motion For Leave To File due by 8/20/2018. (mac) (Entered: 07/23/2018)
2018-09-0422MOTION for Default Judgment by ROBERT KOLBUSZ (jf) (Entered: 09/07/2018)
2018-09-1823STATUS REPORT by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, FEDERAL BUREAU OF INVESTIGATION. (Sroka, Scott) (Entered: 09/18/2018)
2018-09-2524STATUS REPORT by ROBERT KOLBUSZ. (jf) (Entered: 10/01/2018)
2018-10-02MINUTE ORDER granting over objection 21 plaintiff's motion for leave to file a second supplemental pleading. Plaintiff's second supplemental pleading is hereby deemed filed. Signed by Judge Emmet G. Sullivan on 10/2/2018. (lcegs2) (Entered: 10/02/2018)
2018-10-02MINUTE ORDER. The government is ordered to respond to 22 plaintiff's motion for default judgment by no later than October 12, 2018. Signed by Judge Emmet G. Sullivan on 10/2/2018.(lcegs2) (Entered: 10/02/2018)
2018-10-02Set/Reset Deadlines: Government Response To 22 Plaintiff's Motion For Default Judgment due by 10/12/2018. (mac) (Entered: 10/02/2018)
2018-10-0225SUPPLEMENT re 1 Complaint filed by ROBERT KOLBUSZ. (jf) (Entered: 10/04/2018)
2018-10-0926STATUS REPORT by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, FEDERAL BUREAU OF INVESTIGATION. (Sroka, Scott) (Entered: 10/09/2018)
2018-10-1227MOTION for Extension of Time to File Response/Reply as to 22 MOTION for Default Judgment as to by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, FEDERAL BUREAU OF INVESTIGATION (Sroka, Scott) (Entered: 10/12/2018)
2018-10-15MINUTE ORDER treating as opposed and granting over objection 27 defendants' motion for extension of time. Defendants shall file a response to plaintiff's motion for default judgment by no later than October 17, 2018. Signed by Judge Emmet G. Sullivan on 10/15/2018. (lcegs2) (Entered: 10/15/2018)
2018-10-15Set/Reset Deadlines: Defendants Response To Plaintiff's Motion For Default Judgment due by 10/17/2018. (mac) (Entered: 10/15/2018)
2018-10-1728Memorandum in opposition to re 22 MOTION for Default Judgment as to filed by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, FEDERAL BUREAU OF INVESTIGATION. (Sroka, Scott) (Entered: 10/17/2018)
2018-11-06MINUTE ORDER. In light of the government's consent to the plaintiff's motion for leave to file a second supplemental complaint, the 22 plaintiff's motion for default is denied as moot. The parties are directed to file a joint status report, which includes a proposed scheduling order for the defendant's motion to dismiss plaintiff's second supplemental complaint, by no later than November 20, 2018. If the parties are unable to agree on a joint recommendation, the joint proposed scheduling order shall include each party's individual recommendations. Signed by Judge Emmet G. Sullivan on 11/6/2018. (lcegs2) (Entered: 11/06/2018)
2018-11-07Set/Reset Deadlines: Joint Status Report due by 11/20/2018. (mac) (Entered: 11/07/2018)
2018-11-2029PROPOSED BRIEFING SCHEDULE by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, FEDERAL BUREAU OF INVESTIGATION. (Sroka, Scott) (Entered: 11/20/2018)
2018-11-2630STATUS REPORT and Proposed Scheduling Order by ROBERT KOLBUSZ. (jf) (Entered: 11/29/2018)
2018-12-03MINUTE ORDER. Upon consideration of the parties' proposed scheduling orders, the parties are directed to comply with the following schedule: Defendant shall file its motion to dismiss by no later than January 22, 2019. Plaintiff's opposition shall be filed no later than February 22, 2019. If plaintiff chooses to file a cross-motion, it shall be combined with the opposition and filed on the same date. Defendant's reply and, if applicable, combined opposition shall be filed no later than March 8, 2019. Plaintiff's reply, if applicable, shall be filed no later than March 22, 2019. Signed by Judge Emmet G. Sullivan on 12/3/2018. (lcegs2) (Entered: 12/03/2018)
2018-12-03Set/Reset Deadlines: Defendant Motion To Dismiss due by 1/22/2019. Plaintiff's Opposition, And If, Any Cross-Motion Which Shall Be Combined With The Opposition due by 2/22/2019. Defendant's Reply And, If Applicable, Combined Opposition due by 3/8/2019. Plaintiff's Reply, If Applicable, due by 3/22/2019. (mac) (Entered: 12/03/2018)
2018-12-1431MOTION for Leave to File Third Amended Complaint by ROBERT KOLBUSZ (Attachments: # 1 Exhibit Third Amended Complaint)(jf) (Entered: 12/18/2018)
2019-01-1832MOTION to Stay , MOTION for Extension of Time to in Light of Lapse of Appropriations by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Hudak, Brian) (Entered: 01/18/2019)
2019-02-05MINUTE ORDER denying 32 motion to stay as moot and granting nunc pro tunc 32 motion for extension of time in light of the lapse of appropriations. In light of the lapse of appropriations, the briefing schedule is modified as follows: Defendant shall file its motion to dismiss by no later than March 11, 2019. Plaintiff's opposition shall be filed by no later than April 11, 2019. If plaintiff chooses to file a cross-motion, it shall be combined with the opposition and filed on the same date. Defendant's reply and, if applicable, combined opposition shall be filed by no later than April 26, 2019. Plaintiff's reply, if applicable, shall be filed by no later than May 10, 2019. Signed by Judge Emmet G. Sullivan on 2/5/2019. (lcegs2) (Entered: 02/05/2019)
2019-02-06Set/Reset Deadlines: Defendant Motion To Dismiss due 3/11/19. Plaintiff's Opposition And/Or If Plaintiff File A Cross-Motion due by 4/11/2019. Defendant's Reply And, If Applicable, Combined Opposition due by 4/26/2019. Plaintiff's Reply, If Applicable, due by 5/10/2019. (mac) (Entered: 02/06/2019)
2019-03-0733MOTION for Extension of Time to File Motion to Dismiss by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, FEDERAL BUREAU OF INVESTIGATION (Sroka, Scott) (Entered: 03/07/2019)
2019-03-11MINUTE ORDER treating as opposed and granting over objection 33 defendant's motion for extension of time. Defendant shall file its motion to dismiss by no later than April 8, 2019. Plaintiff's opposition shall be filed no later than May 8, 2019. If plaintiff chooses to file a cross-motion, it shall be combined with the opposition and filed on the same date. Defendant's reply and, if applicable, combined opposition shall be filed no later than May 22, 2019. Plaintiff's reply, if applicable, shall be filed no later than June 5, 2019. Signed by Judge Emmet G. Sullivan on 3/11/2019. (lcegs2) (Entered: 03/11/2019)
2019-03-12Set/Reset Deadlines: Defendant Motion To Dismiss due by 4/8/2019. Plaintiff Opposition And If Plaintiff Chooses To File A Cross-Motion, It Shall Be Combined With The Opposition due by 5/8/2019. Defendant's Reply, And If Applicable, Combined Opposition due by 5/22/2019. Plaintiff's Reply, If Applicable, due by 6/5/2019. (mac) (Entered: 03/12/2019)
2019-04-0834MOTION for Extension of Time to File Motion to Dismiss/Motion for Summary Judgment by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, FEDERAL BUREAU OF INVESTIGATION (Sroka, Scott) (Entered: 04/08/2019)
2019-04-2535Memorandum in opposition to re 34 MOTION for Extension of Time to File Motion to Dismiss/Motion for Summary Judgment filed by ROBERT KOLBUSZ. (jf) (Entered: 05/07/2019)
2019-04-2536MOTION for Summary Judgment by ROBERT KOLBUSZ (Attachments: # 1 Exhibit)(jf) (Entered: 05/07/2019)
2019-04-2537MOTION For AUSA Sroka and FBI To Be Held In Contempt Of Court by ROBERT KOLBUSZ (Attachments: # 1 Exhibit)(jf) (Entered: 05/07/2019)
2019-05-03MINUTE ORDER treating as opposed and granting over objection, 48 motion for extension. Defendants shall file their motion to dismiss by no later than August 6, 2019. Plaintiff's shall file an opposition and cross-motion, if applicable, by no later than September 6, 2019. Defendants shall file a reply and opposition by no later than September 20, 2019. Plaintiff shall file a reply by no later than October 4, 2019. Signed by Judge Emmet G. Sullivan on 5/3/2019. (lcegs2, ) (Entered: 05/03/2019)
2019-05-03Set/Reset Deadlines: Defendants Motion To Dismiss due by 8/6/2019. Plaintiff's Opposition And Cross-Motion, If Applicable, due by 9/6/2019. Defendants Reply And Opposition due by 9/20/2019. Plaintiff Reply due by 10/4/2019. (mac) (Entered: 05/03/2019)
2019-05-0938MOTION to Alter/Amend Judgment by ROBERT KOLBUSZ (Attachments: # 1 Exhibit)(jf) (Entered: 05/13/2019)
2019-06-06MINUTE ORDER directing the government to respond to 31 plaintiff's motion for leave to file a third amended complaint and 37 plaintiff's motion to hold the government in contempt, by no later than June 13, 2019. It is FURTHER ORDERED that plaintiff's 36 motion for summary judgment is denied as premature; and 38 motion to alter or amend this Court's order dated 5/3/2019 granting a motion for extension of time is denied for good cause. Signed by Judge Emmet G. Sullivan on 6/6/2019. (lcegs2) (Entered: 06/06/2019)
2019-06-06Set/Reset Deadlines: Government Response To 31 Plaintiff's Motion For Leave To File A Third Amended Complaint And 37 Plaintiff's Motion To Hold The Government In Contempt due by 6/13/2019. (mac) (Entered: 06/06/2019)
2019-06-1339Memorandum in opposition to re 31 MOTION for Leave to File, 37 MOTION AUSA Sroka and FBI To Be Held In Contempt of Court filed by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, FEDERAL BUREAU OF INVESTIGATION. (Sroka, Scott) (Entered: 06/13/2019)
2019-06-27MINUTE ORDER denying 31 motion for leave to file third supplement to the complaint. Whether to grant leave to amend "is entrusted to the sound discretion of the district court." Hajjar-Nejad v. George Wash. Univ., 802 F. Supp. 2d 166, 173 (D.D.C. 2011). Generally speaking, motions to amend or supplement pleadings should be "freely granted when doing so will promote the economic and speedy disposition of the entire controversy between the parties, will not cause undue delay or trial inconvenience, and will not prejudice the rights of any of the other parties to the action." Hall v. CIA, 437 F.3d 94, 101 (D.C. Cir. 2006); Fed. R. Civ. P. 15(a). However, a court may deny leave to amend for undue delay, bad faith, dilatory motive, repeated failure to cure deficiencies, and futility of amendment. Foman v. Davis, 371 U.S. 178, 182 (1962). Where the complaint, as amended, would radically alter the scope and nature of the case, and any proposed amendment bears no more than a tangential relationship to the original action, leave to amend should be denied. Wolf v. CIA, 569 F. Supp. 2d 1, 11 (D.D.C. 2008). Plaintiff seeks to amend his complaint over two years after filing his original FOIA request and seeks to recover documents from an agency that has no involvement in this case. Allowing Plaintiff to bring new tangentially related claims, involving an entirely new party, will further delay the resolution of the limited issues remaining in this case. Accordingly, Plaintiff's motion for leave to amend the complaint is DENIED. Signed by Judge Emmet G. Sullivan on 6/27/2019. (lcegs2) (Entered: 06/27/2019)
2019-06-27MINUTE ORDER denying 37 motion to hold government in contempt for violating Minute Order of June 20, 2018. The Court finds that the government has complied with the Court's orders in this case and has properly soughtleave of Court when any alteration to the Courts order was deemed necessary. Accordingly, the motion to hold the government in contempt is DENIED. Signed by Judge Emmet G. Sullivan on 6/27/2019. (lcegs2) (Entered: 06/27/2019)
2019-07-1540MOTION for Extension of Time to file a Rule 59(e) Motion by ROBERT KOLBUSZ (jf) (Entered: 07/17/2019)
2019-07-1941MOTION to Alter or Amend Judgment as to Minute Order filed on 06/27/20109 by ROBERT KOLBUSZ (jf) (Entered: 07/29/2019)
2019-08-0642MOTION for Extension of Time to File Motion to Dismiss by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, FEDERAL BUREAU OF INVESTIGATION (Sroka, Scott) (Entered: 08/06/2019)
2019-08-2644MOTION to Compel by ROBERT KOLBUSZ (jf) (Entered: 08/28/2019)
2019-08-2645Memorandum in opposition re 42 MOTION for Extension of Time to File Motion to Dismiss filed by ROBERT KOLBUSZ. (jf) (Entered: 08/28/2019)
2019-08-2646Renew MOTION for Summary Judgment by ROBERT KOLBUSZ (jf) (Entered: 08/28/2019)
2019-08-2743MOTION for Extension of Time to File Dispositive Motion by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, FEDERAL BUREAU OF INVESTIGATION (Sroka, Scott) (Entered: 08/27/2019)
2019-09-2747MOTION for Extension of Time to File Motion for Summary Judgment by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, FEDERAL BUREAU OF INVESTIGATION (Sroka, Scott) (Entered: 09/27/2019)
2019-10-0348MOTION for Summary Judgment and Supporting Memorandum by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Statement of Facts, # 2 Declaration of David M. Hardy, # 3 Exhibit to Hardy Declaration, # 4 Declaration of Natasha Hudgins)(Sroka, Scott) (Entered: 10/03/2019)
2019-10-2249MOTION for Extension of Time to File Response as to 48 MOTION for Summary Judgment and Supporting Memorandum by ROBERT KOLBUSZ (jf) (Entered: 10/28/2019)
2019-10-31MINUTE ORDER granting 49 plaintiff's motion for an extension of time to file response to defendants motion for summary judgment. Plaintiff shall file a response to defendants motion for summary judgment by no later than December 30, 2019. Signed by Judge Emmet G. Sullivan on 10/31/2019. (lcegs2) (Entered: 10/31/2019)
2019-10-31Set/Reset Deadlines: Plaintiff Response to Defendants Motion for Summary Judgment due by 12/30/2019. (mac) (Entered: 10/31/2019)
2019-12-2750Memorandum in opposition to re 48 MOTION for Summary Judgment filed by ROBERT KOLBUSZ. (Attachments: # 1 Exhibit 1-19, # 2 Exhibit 20-39, # 3 Exhibit 40-59, # 4 Exhibit 60-83)(eg) (Entered: 01/02/2020)
2019-12-2751Cross MOTION for Summary Judgment, MOTION for Vaughn Index by ROBERT KOLBUSZ. (See Docket Entry 50 to view document). (eg) (Entered: 01/02/2020)
2020-01-10MINUTE ORDER REFERRING CASE to Magistrate Judge Harvey for full case management, up to but excluding trial pursuant to Local Civil Rule 72.2. This includes, with respect to pending potentially dispositive motions, the preparation of a report and recommendation pursuant to Local Civil Rule 72.3. The parties are reminded, that pursuant to Local Civil Rule 73.1, the parties may consent to the assignment of this action to a magistrate judge for all purposes, including trial. Consent of the district court judge is not necessary. Signed by Judge Emmet G. Sullivan on 1/10/2020. (lcegs1) (Entered: 01/10/2020)
2020-01-10MINUTE ORDER STAYING CASE. In view of the referral of this case to Magistrate Judge Harvey for full case management, including the preparation of a report and recommendation, proceedings before Judge Emmet G. Sullivan are hereby STAYED. Signed by Judge Emmet G. Sullivan on 1/10/2020. (lcegs1) (Entered: 01/10/2020)
2020-01-10CASE DIRECTLY REFERRED to Magistrate Judge G. Michael Harvey for full case management, up to but excluding trial pursuant to Local Civil Rule 72.2. (zad) (Entered: 01/13/2020)
2020-01-10MOTIONS 40 MOTION for Extension of Time to REFERRED to Judge Magistrate Judge G. Michael Harvey. (ztnr) (Entered: 01/14/2020)
2020-01-10MOTIONS 51 MOTION for Summary Judgment MOTION for Vaughn Index, 47 MOTION for Extension of Time to File Motion for Summary Judgment , 46 MOTION for Summary Judgment, 42 MOTION for Extension of Time to File Motion to Dismiss , 48 MOTION for Summary Judgment and Supporting Memorandum , 41 MOTION to Alter Judgment as to Order on Motion for Miscellaneous Relief, and 44 MOTION to Compel REFERRED to Judge Magistrate Judge G. Michael Harvey. (ztnr) (Entered: 01/14/2020)
2020-01-2152ORDER finding as moot 40 Motion for Extension of Time to; finding as moot 42 Motion for Extension of Time to; finding as moot 43 Motion for Extension of Time to; held in abeyance 44 Motion to Compel; finding as moot 46 Motion for Summary Judgment; granting in part and denying in part 47 Motion for Extension of Time to; Set/Reset Deadlines: Response to Cross Motions due by 2/3/2020. Reply to Cross Motions due by 3/3/2020. Reply to Motion for Summary Judgment due by 2/3/2020. Signed by Magistrate Judge G. Michael Harvey on 1/21/20. (MFB) (Entered: 01/21/2020)
2020-01-3153MOTION for Extension of Time to File Response/Reply as to 51 MOTION for Summary Judgment MOTION for Vaughn Index by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, FEDERAL BUREAU OF INVESTIGATION (Sroka, Scott) (Entered: 01/31/2020)
2020-01-3154ORDER granting 53 Motion for Extension of Time to File Response/Reply re 51 MOTION for Summary Judgment MOTION for Vaughn Index ; Set/Reset Deadlines: Responses due by 3/2/2020 Replies due by 4/3/2020. Reply to Motion for Summary Judgment due by 3/2/2020. Signed by Magistrate Judge G. Michael Harvey on 1/31/20. (MFB) (Entered: 01/31/2020)
2020-02-1255NOTICE OF SUBSTITUTION OF COUNSEL by Brenda A. Gonzalez on behalf of DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, FEDERAL BUREAU OF INVESTIGATION Substituting for attorney Scott Sroka (Gonzalez, Brenda) (Entered: 02/12/2020)
2020-02-2056MOTION for Extension of Time to File Response/Reply as to 51 MOTION for Summary Judgment MOTION for Vaughn Index by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, FEDERAL BUREAU OF INVESTIGATION (Gonzalez, Brenda) (Entered: 02/20/2020)
2020-02-2157ORDER granting 56 Motion for Extension of Time to File Response/Reply ; Set/Reset Deadlines: Responses due by 4/6/2020 Replies due by 5/6/2020. Signed by Magistrate Judge G. Michael Harvey on 2/21/20. (MFB) (Entered: 02/21/2020)
2020-03-3158MOTION for Extension of Time to File Response/Reply as to 51 MOTION for Summary Judgment MOTION for Vaughn Index, 48 MOTION for Summary Judgment and Supporting Memorandum by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Declaration of Michael G. Seidel)(Gonzalez, Brenda) (Entered: 03/31/2020)
2020-04-0159ORDER granting 58 Motion for Extension of Time to File Response/Reply ; Set/Reset Deadlines: Responses due by 5/21/2020 Replies due by 6/22/2020. Signed by Magistrate Judge G. Michael Harvey on 4/1/20. (MFB) (Entered: 04/01/2020)
2020-05-1560NOTICE of Appearance by Michael A. Tilghman on behalf of DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, FEDERAL BUREAU OF INVESTIGATION (Tilghman, Michael) (Entered: 05/15/2020)
2020-05-1561MOTION for Extension of Time to file Reply Brief in Support of Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Declaration of David M. Hardy, # 2 Text of Proposed Order)(Tilghman, Michael) (Entered: 05/15/2020)
2020-05-1862ORDER granting 61 Motion for Extension of Time to; Set/Reset Deadlines: Response to Cross Motions due by 6/25/2020. Reply to Cross Motions due by 7/27/2020. Reply to Motion for Summary Judgment due by 6/25/2020. Signed by Magistrate Judge G. Michael Harvey on 5/18/20. (MFB) (Entered: 05/18/2020)
2020-06-1663NOTICE of Change of Address by ROBERT KOLBUSZ (zjf) (Entered: 06/18/2020)
2020-06-2364MOTION for Extension of Time to File Reply and Opposition to Cross-Motion for Summary Judgment by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 06/23/2020)
2020-06-2365ORDER granting 64 Motion for Extension of Time to; Set/Reset Deadlines: Response to Cross Motions due by 7/31/2020. Reply to Cross Motions due by 8/31/2020. Replies due by 7/31/2020. Signed by Magistrate Judge G. Michael Harvey on 6/23/20. (MFB) (Entered: 06/23/2020)
2020-07-3166REPLY to opposition to motion re 48 MOTION for Summary Judgment and Supporting Memorandum filed by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Second Declaration of Michael G. Seidel, # 2 Second Declaration of Natasha Hudgins, # 3 Text of Proposed Order)(Tilghman, Michael) (Entered: 07/31/2020)
2020-07-3167Memorandum in opposition to re 51 MOTION for Summary Judgment MOTION for Vaughn Index, 44 MOTION to Compel, 41 MOTION to Alter Judgment as to Order on Motion for Miscellaneous Relief, filed by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Second Declaration of Michael G. Seidel, # 2 Second Declaration of Natasha Hudgins, # 3 Text of Proposed Order)(Tilghman, Michael) (Entered: 07/31/2020)
2020-08-2868MOTION for Extension of Time to File Reply Brief by ROBERT KOLBUSZ (Attachments: # 1 Exhibit)(zjf) (Entered: 09/01/2020)
2020-09-0269ORDER granting 68 Motion for Extension of Time to File Response/Reply re 51 MOTION for Summary Judgment, MOTION for Vaughn Index. Set/Reset Deadlines: Replies due by 10/31/2020. Signed by Magistrate Judge G. Michael Harvey on 9/2/20. (lckt) (Entered: 09/02/2020)
2020-09-1570NOTICE OF WITHDRAWAL OF APPEARANCE as to DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, FEDERAL BUREAU OF INVESTIGATION. (Gonzalez, Brenda) (Entered: 09/15/2020)
2020-10-3171REPLY to opposition re 51 Cross MOTION for Summary Judgment MOTION for Vaughn Index filed by ROBERT KOLBUSZ. (Attachments: # 1 Exhibit List, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9)(zjf) (Entered: 11/04/2020)
2020-10-3172MOTION for Leave to File Fourth Supplemental Complaint by ROBERT KOLBUSZ (Attachments: # 1 Exhibit Fourth Supplemental Complaint, # 2 Exhibit 1-4 to Fourth Supplemental Complaint)(zjf) (Entered: 11/04/2020)
2020-10-3173MOTION for Leave to File Motion for Discovery by ROBERT KOLBUSZ (Attachments: # 1 Exhibit Motion for Discovery, # 2 Exhibit 1-3 to Motion for Discovery)(zjf) (Entered: 11/04/2020)
2020-11-1674Memorandum in opposition to re 72 MOTION for Leave to File, 73 MOTION for Leave to File filed by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 11/16/2020)
2020-12-0775REPLY to opposition to motion re 72 MOTION for Leave to File filed by ROBERT KOLBUSZ. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2-SENTINEL-- FBI p1411 highlighted)(zrdj) (Entered: 12/07/2020)
2021-02-1776REPORT AND RECOMMENDATION re 48 Defendants' motion for summary judgment and 51 Plaintiff's cross-motion for summary judgment. Signed by Magistrate Judge G. Michael Harvey on 2/17/2021. (lcew) (Entered: 02/17/2021)
2021-02-1777ORDER denying 44 Motion to Compel; denying 72 Motion for Leave to File Fourth Supplemental Complaint; denying 73 Motion for Leave to File Motion for Discovery. Signed by Magistrate Judge G. Michael Harvey on 2/17/2021. (lcew) (Entered: 02/17/2021)
2021-03-0578RESPONSE TO ORDER OF THE COURT re 77 Order on Motion to Compel, Order on Motion for Leave to File, 76 Report and Recommendation filed by ROBERT KOLBUSZ. (Attachments: # 1 Exhibits)(zjf) (Entered: 03/09/2021)
2021-03-1979RESPONSE re 78 Response to Order of the Court (Defendants' Opposition to "Plaintiff's Objections to Court Order 2/17/2021 (ECF No. 76) Report and Recommendations") filed by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Tilghman, Michael) (Entered: 03/19/2021)
2021-03-2180REPLY re 78 Response to Order of the Court filed by ROBERT KOLBUSZ. (zjf) (Entered: 03/23/2021)
2022-09-0681NOTICE OF SUBSTITUTION OF COUNSEL by Anna Davis Walker on behalf of All Defendants Substituting for attorney Michael A. Tilghman, II (Walker, Anna) (Entered: 09/06/2022)
2023-02-1782MEMORANDUM OPINION. Signed by Judge Emmet G. Sullivan on 02/17/2023. (lcegs2) (Entered: 02/17/2023)
2023-02-1783ORDER adopting 76 Report and Recommendation; granting in part and denying in part without prejudice 48 Motion for Summary Judgment; and denying and denying in part without prejudice 51 Motion for Summary Judgment. Signed by Judge Emmet G. Sullivan on 02/17/2023. (lcegs2) (Entered: 02/17/2023)
2023-02-1784JUDGMENT in favor of Defendants against Plaintiff. Signed by Judge Emmet G. Sullivan on 02/17/2023. (lcegs2) (Entered: 02/17/2023)
2023-02-2185CLERK'S JUDGMENT In Favor of Defendants Against Plaintiff. Signed by Judge Emmet G. Sullivan on 02/21/23. (mac) (Entered: 02/21/2023)
2023-02-2186CLERK'S JUDGMENT In Favor Of Plaintiff Against Defendants. Signed by Judge Emmet G. Sullivan on 02/21/23. (mac) (Entered: 02/21/2023)
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