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Case TitleBARTKO v. UNITED STATES DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv00781
Date Filed2017-04-27
Date ClosedOpen
JudgeJudge James E. Boasberg
PlaintiffGREGORY BARTKO
Case DescriptionGregory Bartko, who had been convicted of securities fraud, submitted multiple FOIA requests to the Department of Justice for records he claimed had not been disclosed as part of his earlier FOIA litigation. The agency acknowledged receipt of the requests, but dissatisfied with the resolution, or lack thereof, of the requests, Bartko filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS
DefendantUNITED STATES BUREAU OF PRISONS
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [50]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-04-271COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE filed by GREGORY BARTKO. (Attachments: # 1 Civil Cover Sheet)(zrdj) (Entered: 05/03/2017)
2017-04-272MOTION for Leave to Proceed in forma pauperis by GREGORY BARTKO (zrdj) (Entered: 05/03/2017)
2017-04-273PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by GREGORY BARTKO (zrdj) (Entered: 05/03/2017)
2017-04-274ORDER directing an initial partial filing fee in the amount of $50.00 from Prison Account of GREGORY BARTKO and granting MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Signed by Judge James E. Boasberg on 4/24/2017. (zrdj) (Entered: 05/03/2017)
2017-04-275NOTICE OF RELATED CASE by GREGORY BARTKO. Case related to Case No. 13CV1135. (zrdj) (Entered: 05/03/2017)
2017-04-276MOTION for CM/ECF Password by GREGORY BARTKO (zrdj) (Entered: 05/03/2017)
2017-04-27Initiating Pleading & IFP Application Received on 4/7/2017. (zrdj) (Entered: 05/03/2017)
2017-05-04MINUTE ORDER: The Court ORDERS that Plaintiff's 6 Motion is GRANTED, and he shall be issued a CM/ECF password upon the terms the Clerk's Office typically imposes. Signed by Judge James E. Boasberg on 5/4/2017. (lcjeb3) (Entered: 05/04/2017)
2017-05-16Partial Filing Fee Received from GREGORY BARTKO in the amount of $50.00, receipt number: 4616084630. (zrdj) (Entered: 05/17/2017)
2017-05-187SUMMONS (3) Issued as to UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (jd) (Entered: 05/20/2017)
2017-05-248RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/22/2017. Answer due for ALL FEDERAL DEFENDANTS by 6/21/2017. (td) (Entered: 05/26/2017)
2017-05-249RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/22/17., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 5/22/2017; (See docket entry no. 8 to view) (td) (Entered: 05/26/2017)
2017-06-09Partial Filing Fee Received from GREGORY BARTKO in the amount of $50.00, receipt number: 4616085219. (zrdj) (Entered: 06/12/2017)
2017-06-2010NOTICE of Appearance by Joshua M. Kolsky on behalf of UNITED STATES DEPARTMENT OF JUSTICE (Kolsky, Joshua) (Entered: 06/20/2017)
2017-06-2011MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 06/20/2017)
2017-06-20MINUTE ORDER granting 11 Motion for Extension of Time to File. The Court ORDERS that Defendant shall answer or otherwise respond to the Complaint by July 21, 2017. Signed by Judge James E. Boasberg on 6/20/2017. (lcjeb3) (Entered: 06/20/2017)
2017-06-20Set/Reset Deadlines: Responses due by 7/21/2017. (nbn) (Entered: 06/20/2017)
2017-07-11Partial Filing Fee Received from GREGORY BARTKO in the amount of $50.00, receipt number: 4616085896. (zrdj) (Entered: 07/12/2017)
2017-07-2112ANSWER to 1 Complaint by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit)(Kolsky, Joshua) (Entered: 07/21/2017)
2017-07-24MINUTE ORDER: The Court ORDERS that each party shall submit a proposed briefing schedule by August 14, 2017. Signed by Judge James E. Boasberg on 7-24-2017. (lcjeb3) (Entered: 07/24/2017)
2017-07-24Set/Reset Deadlines: Each party shall submit a proposed briefing schedule by 8/14/2017. (nbn) (Entered: 07/24/2017)
2017-07-3113AMENDED COMPLAINT First Amended Complaint against UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit Exh 5 Postal receipt)(BARTKO, GREGORY) (Entered: 07/31/2017)
2017-08-08Partial Filing Fee Received from GREGORY BARTKO in the amount of $50.00, receipt number: 4616086529. (zrdj) (Entered: 08/08/2017)
2017-08-0914PROPOSED BRIEFING SCHEDULE by GREGORY BARTKO (BARTKO, GREGORY) Modified event title on 8/10/2017 (znmw). (Entered: 08/09/2017)
2017-08-1415ANSWER to 13 Amended Complaint by UNITED STATES DEPARTMENT OF JUSTICE. Related document: 13 Amended Complaint.(Kolsky, Joshua) (Entered: 08/14/2017)
2017-08-1416PROPOSED BRIEFING SCHEDULE by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 08/14/2017)
2017-08-15MINUTE ORDER: The Court ORDERS that: 1) Defendant shall file its Motion for Summary Judgment on or before January 31, 2018; 2) Plaintiff shall file his opposition on or before March 2, 2018; and 3) Defendant shall file its reply on or before April 2, 2018. Signed by Judge James E. Boasberg on 8/15/2017. (lcjeb3) (Entered: 08/15/2017)
2017-08-15Set/Reset Deadlines: Summary Judgment motions due by 1/31/2018. Response to Motion for Summary Judgment due by 3/2/2018. Reply to Motion for Summary Judgment due by 4/2/2018. (nbn) (Entered: 08/15/2017)
2017-09-15Partial Filing Fee Received from Gregory Bartko in the amount of $50.00, receipt number: 4616087170. (td) (Entered: 09/18/2017)
2017-10-13Partial Filing Fee Received from Gregory Bartko in the amount of $50.00, receipt number: 4616087617. (zrdj) (Entered: 10/13/2017)
2017-10-1617MOTION for Partial Summary Judgment Against the Executive Office of the United States Attorneys by GREGORY BARTKO (Attachments: # 1 Declaration EXH A Declaration of Gregory Bartko, # 2 Declaration Exh B Declaration of Gloria Bartko-Thomas, # 3 Statement of Facts Plaintiff's Statement of Material Facts no in Dispute)(BARTKO, GREGORY) (Entered: 10/16/2017)
2017-10-2418MOTION to Stay re 17 MOTION for Partial Summary Judgment Against the Executive Office of the United States Attorneys by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 10/24/2017)
2017-10-2819RESPONSE re 18 MOTION to Stay re 17 MOTION for Partial Summary Judgment Against the Executive Office of the United States Attorneys Opposition to Defendant's Motion to Stay Briefing on Plantiff's Motion for Partial Summary Judgment filed by GREGORY BARTKO. (BARTKO, GREGORY) (Entered: 10/28/2017)
2017-11-02MINUTE ORDER: The Court ORDERS that Defendant's 18 Motion to Stay is GRANTED. So as to accomplish a more orderly briefing schedule, Defendant's opposition to Plaintiff's 17 Motion for Partial Summary Judgment shall be due on the same date as Defendant's deadline for filing its own Motion for Summary Judgment -- namely, January 31, 2018. So ORDERED by Judge James E. Boasberg on 11/2/2017. (lcjeb3, ) (Entered: 11/02/2017)
2017-11-02Set/Reset Deadlines: Motions due by 1/31/2018. (znbn) (Entered: 11/07/2017)
2017-11-16Partial Filing Fee Received from Gregory Bartko in the amount of $50.00, receipt number: 4616088120. (td) (Entered: 11/17/2017)
2018-01-3120MOTION to Dismiss , Cross MOTION for Summary Judgment (Partial) and Opposition to Plaintiff's Motion for Partial Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration (Tricia Francis), # 2 Declaration (Kathleen Brandon), # 3 Text of Proposed Order)(Kolsky, Joshua) (Entered: 01/31/2018)
2018-01-3121Memorandum in opposition to re 17 MOTION for Partial Summary Judgment Against the Executive Office of the United States Attorneys and Motion for Partial Summary Judgment and Motion to Dismiss filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration (Tricia Francis), # 2 Declaration (Kathleen Brandon), # 3 Statement of Facts (Response), # 4 Text of Proposed Order)(Kolsky, Joshua) (Entered: 01/31/2018)
2018-02-0622MOTION to Clarify Motion for Clarification of August 15, 2017 and November 2, 2017 Minute Orders by GREGORY BARTKO (BARTKO, GREGORY) (Entered: 02/06/2018)
2018-02-06MINUTE ORDER: The Court ORDERS that Plaintiff's 22 Motion for Clarification is GRANTED, and his briefing shall be due by March 2, 2018. So ORDERED by Judge James E. Boasberg on 2/6/2018. (lcjeb3) (Entered: 02/06/2018)
2018-02-06Set/Reset Deadlines: Brief due by 3/2/2017. (nbn) (Entered: 02/06/2018)
2018-02-1923MOTION for Leave to File Supplemental Complaint to Join Additional Parties-Defendant and Memo of Points and Authorities in Support by GREGORY BARTKO (Attachments: # 1 Attch A: Supplemental Complaint, # 2 Exh 1: FOIA Request to USPIS dtd 12/4/17, # 3 Exh 2: FOIA Request to BOP dtd 11/29/17, # 4 Exh 3: BOP Determination dtd 12/1/17, # 5 Exh 4: Admin Appeal to OIP dtd 12/18/17, # 6 Exh 5: OIP Acknowledgement dtd 1/9/18)(BARTKO, GREGORY) (Entered: 02/19/2018)
2018-02-2724REPLY to opposition to motion re 17 MOTION for Partial Summary Judgment Against the Executive Office of the United States Attorneys filed by GREGORY BARTKO. (Attachments: # 1 Attch #1 EOUSA response dtd 2/14/18)(BARTKO, GREGORY) (Entered: 02/27/2018)
2018-03-0125RESPONSE re 20 MOTION to Dismiss Cross MOTION for Summary Judgment (Partial) and Opposition to Plaintiff's Motion for Partial Summary Judgment filed by GREGORY BARTKO. (Attachments: # 1 Attach#1 Response to Defendant's Statement of Undisputed Material Facts, # 2 Attch#2 EOUSA letter dtd 11/5/15, # 3 Attch#3 Motion to Vacate & exhibits, # 4 Attch#4 Amendment to Motion to Vacate & exhbits, # 5 Attch#5 Bartko 1, DE 159, # 6 Attch #6 FOIA request dtd 7/26/14, # 7 Attch #7 FOIA request dtd 9/13/14)(BARTKO, GREGORY) (Entered: 03/01/2018)
2018-03-0526Memorandum in opposition to re 23 MOTION for Leave to File Supplemental Complaint to Join Additional Parties-Defendant and Memo of Points and Authorities in Support filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 03/05/2018)
2018-03-1227REPLY to opposition to motion re 23 MOTION for Leave to File Supplemental Complaint to Join Additional Parties-Defendant and Memo of Points and Authorities in Support filed by GREGORY BARTKO. (BARTKO, GREGORY) (Entered: 03/12/2018)
2018-03-1928ORDER: The Court ORDERS: 1) Plaintiff's 23 Motion for Leave to File is GRANTED IN PART and DENIED IN PART; and 2) He may file a Supplemental Complaint naming only BOP by April 2, 2018. So ORDERED by Judge James E. Boasberg on 3/19/2018. (lcjeb3) (Entered: 03/19/2018)
2018-03-19Set/Reset Deadlines: Plaintiff may file a Supplemental Complaint naming only BOP due by 4/2/2018. (nbn) (Entered: 03/19/2018)
2018-03-2729AMENDED COMPLAINT Supplemental Complaint against the US Bureau of Prisons against UNITED STATES DEPARTMENT OF JUSTICE filed by GREGORY BARTKO. (Attachments: # 1 Exh 1 FOIA request to BOP dated 11/29/17, # 2 Exh 2 BOP determination letter dated 12/1/17, # 3 Exh 3 Admin appeal of BOP FOIA to OIP dated 12/18/17, # 4 Exh 4 OIP Acknowledgement dated 1/9/18)(BARTKO, GREGORY) (Entered: 03/27/2018)
2018-04-0230REPLY to opposition to motion re 20 MOTION to Dismiss Cross MOTION for Summary Judgment (Partial) and Opposition to Plaintiff's Motion for Partial Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration (Second Declaration of Tricia Francis))(Kolsky, Joshua) (Entered: 04/02/2018)
2018-04-0531MOTION for Leave to File Surreply and Extension of Time to File Surreply by GREGORY BARTKO (BARTKO, GREGORY) (Entered: 04/05/2018)
2018-04-0932RESPONSE re 31 MOTION for Leave to File Surreply and Extension of Time to File Surreply filed by UNITED STATES DEPARTMENT OF JUSTICE. (Kolsky, Joshua) (Entered: 04/09/2018)
2018-04-09MINUTE ORDER: The Court ORDERS that Plaintiff's 31 Motion is GRANTED, and he may have until April 30, 2018, to file a Surreply. So ORDERED by Judge James E. Boasberg on 4/9/2018. (lcjeb3) (Entered: 04/09/2018)
2018-04-10Set/Reset Deadlines: Surreply due by 4/30/2018. (lsj) (Entered: 04/10/2018)
2018-04-2633SURREPLY to re 20 MOTION to Dismiss Cross MOTION for Summary Judgment (Partial) and Opposition to Plaintiff's Motion for Partial Summary Judgment filed by GREGORY BARTKO. (Attachments: # 1 Attch 1 EOUSA letter dtd 20915, # 2 Attch 2 Suppl habeas filing, # 3 Attch 3 Newspaper article)(BARTKO, GREGORY) (Entered: 04/26/2018)
2018-05-0734MOTION Requesting Issuance and Service of Summons per Supplemental Complaint by GREGORY BARTKO (BARTKO, GREGORY) Modified event and text on 5/8/2018 (td). (Entered: 05/07/2018)
2018-05-0935ERRATA by UNITED STATES DEPARTMENT OF JUSTICE 30 Reply to opposition to Motion, filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration (Corrected))(Kolsky, Joshua) (Entered: 05/09/2018)
2018-05-1436MOTION TO COMPEL for Vaughn Index Related to FOIA request EOUSA 2017-003456 by GREGORY BARTKO (Attachments: # 1 Attach 1 EOUSA determination letter 05012018)(BARTKO, GREGORY) Modified event and text on 5/15/2018 (ztd). (Entered: 05/14/2018)
2018-05-2137RESPONSE re 34 MOTION to Issue Summons filed by UNITED STATES DEPARTMENT OF JUSTICE. (Kolsky, Joshua) (Entered: 05/21/2018)
2018-05-22MINUTE ORDER: The Court ORDERS that Plaintiff's 34 Motion is GRANTED, and the Clerk shall direct the USMS to effect service on Defendant Bureau of Prisons. So ORDERED by Judge James E. Boasberg on 5/22/2018. (lcjeb3) (Entered: 05/22/2018)
2018-05-2938Memorandum in opposition to re 36 MOTION to Compel filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 05/29/2018)
2018-06-0439REPLY to opposition to motion re 36 MOTION to Compel EOUSA to Provide Vaughn Index related to FOIA Request EOUSA 2017-003456 filed by GREGORY BARTKO. (BARTKO, GREGORY) (Entered: 06/04/2018)
2018-06-1240RETURN OF SERVICE/AFFIDAVIT of Summons and Amended Complaint Executed. UNITED STATES BUREAU OF PRISONS served on 6/11/2018 (ztd) (Entered: 06/19/2018)
2018-07-1141ANSWER to 13 Amended Complaint (Answer to Supplemental Complaint, ECF No. 29) by UNITED STATES BUREAU OF PRISONS.(Kolsky, Joshua) (Entered: 07/11/2018)
2018-07-2342RETURN OF SERVICE/AFFIDAVIT of Supplemental Complaint Executed. UNITED STATES BUREAU OF PRISONS served on 7/23/2018 (ztd) (Entered: 07/24/2018)
2018-07-31MINUTE ORDER: The Court ORDERS that: 1) Plaintiff's 36 Motion to Compel is DENIED inasmuch as Defendant EOUSA shall provide its Vaughn Index in connection with summary-judgment briefing on Request No. 2017-3456; 2) Briefing on that request shall be incorporated in the briefing related to the allegations against BOP; and 3) The parties shall separately submit a proposed briefing schedule on both of these issues by August 21, 2018. So ORDERED by Judge James E. Boasberg on 7/31/18. (lcjeb1) (Entered: 07/31/2018)
2018-07-3143MOTION for Partial Summary Judgment Against US Bureau of Prisons by GREGORY BARTKO (Attachments: # 1 Statement of Facts, # 2 Exhibit Exh B Hollenbeck sworn statement)(BARTKO, GREGORY) (Entered: 07/31/2018)
2018-07-31Set/Reset Deadlines: The parties shall separately submit a Proposed Briefing Schedule by 8/21/2018. (znbn) (Entered: 07/31/2018)
2018-08-02MINUTE ORDER: Given that EOUSA has now completed its search and production related to Request No. 2017-3456, the Court ORDERS that Plaintiff's 17 Motion for Partial Summary Judgment, which requested that the Court order such processing to occur, is DENIED as moot. The sufficiency of the search and production will be the subject of the briefing discussed in the Minute Order of July 31, 2018. So ORDERED by Judge James E. Boasberg on 8/2/2018.(lcjeb2) (Entered: 08/02/2018)
2018-08-1444MOTION to Stay re 43 MOTION for Partial Summary Judgment Against US Bureau of Prisons by UNITED STATES BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 08/14/2018)
2018-08-14MINUTE ORDER: The Court GRANTS Defendant Bureau of Prisons's 44 Motion to Stay and ORDERS that briefing on Plaintiff's Motion for Partial Summary Judgment against BOP is STAYED. So ORDERED by Judge James E. Boasberg on 8/14/18. (lcjeb1) (Entered: 08/14/2018)
2018-08-1945RESPONSE re 44 MOTION to Stay re 43 MOTION for Partial Summary Judgment Against US Bureau of Prisons filed by GREGORY BARTKO. (BARTKO, GREGORY) (Entered: 08/19/2018)
2018-08-1946PROPOSED BRIEFING SCHEDULE by GREGORY BARTKO (BARTKO, GREGORY) Modified event title on 8/21/2018 (znmw). (Entered: 08/19/2018)
2018-08-2147PROPOSED BRIEFING SCHEDULE by UNITED STATES BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF JUSTICE. (Kolsky, Joshua) (Entered: 08/21/2018)
2018-08-24MINUTE ORDER: The Court ORDERS that: 1) Plaintiff's 43 Motion for Partial Summary Judgment is DENIED WITHOUT PREJUDICE as moot given the following combined briefing schedule; and 2) Defendant's Motion for Summary Judgment as to BOP and Request 2017-3456 shall be due by October 10, 2018, with Plaintiff's combined Opposition and Cross-Motion due November 9, 2018, Defendant's combined Opposition and Reply due December 10, 2018, and Plaintiff's Reply December 31, 2018. So ORDERED by Judge James E. Boasberg on 8/24/2018. (lcjeb1) (Entered: 08/24/2018)
2018-08-24Set/Reset Deadlines: Summary Judgment motions due by 10/10/2018. Response to Motion for Summary Judgment due by 11/9/2018. Reply to Motion for Summary Judgment due by 12/10/2018. Replies due by 12/31/2018. (znbn) (Entered: 08/24/2018)
2018-09-04MINUTE ORDER: The Court ORDERS that by September 6, 2018, the Government shall produce in camera document OPR-22(a). So ORDERED by Judge James E. Boasberg on 9/4/2018. (lcjeb3) (Entered: 09/04/2018)
2018-09-04Set/Reset Deadlines: Government's in-camera submission due by 9/6/2018. (lsj) (Entered: 09/04/2018)
2018-09-0648NOTICE of Lodging of Document for In Camera Review by UNITED STATES BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF JUSTICE (Kolsky, Joshua) (Entered: 09/06/2018)
2018-09-2549ORDER: For the reasons set forth in the accompanying Memorandum Opinion, the Court ORDERS that: 1) Defendant's 20 Cross-Motion for Partial Summary Judgment is GRANTED IN PART and DENIED IN PART as to Count II, and DENIED IN PART as to Count III; 2) Defendant's 20 Motion to Dismiss Count IV is GRANTED; 3) By October 19, 2018, each party shall submit a status report explaining how it wishes to proceed with the issues still outstanding that relate to the accompanying Memorandum Opinion. Signed by Judge James E. Boasberg on 9/25/2018. (lcjeb3) (Entered: 09/25/2018)
2018-09-2550MEMORANDUM OPINION re 49 Order on Motion to Dismiss and for Partial Summary Judgment. Signed by Judge James E. Boasberg on 9/25/2018. (lcjeb3) (Entered: 09/25/2018)
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