Skip to content

Case Detail

[Subscribe to updates]
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]
FOIA Project Annotation: Wrapping up three of the remaining suits brought against EOUSA by pro se litigator Gregory Bartko, Judge James Boasberg has ruled primarily in favor of the agency but has found that one of Bartko's claims may continue. Bartko was convicted of securities fraud in the Eastern District of North Carolina. Bartko subsequently filed a number of FOIA requests with the Department of Justice for records related to his conviction, including disciplinary actions taken against AUSA Clay Wheeler, who supervised Bartko's prosecution. The three remaining requests included one for all the records from his prosecution. EOUSA concluded that a search of 21 boxes of potentially responsive records would take over 93 hours of search and demanded Bartko pay an advance fee of $2,618. Bartko filed suit challenging the fee estimate and Boasberg previously dismissed his claim because he had not filed an administrative appeal. Bartko then filed an administrative appeal with the Office of Information Policy contending the fee estimate was improper. However, OIP refused to hear the appeal on the ground that his request remained subject to litigation. Several years later, Bartko filed suit challenging the agency's refusal to process his request without an advance payment. The second request involved Bartko's request to DOJ's Office of Professional Responsibility about Bartko's prosecution. OPR referred 619 pages to EOUSA for processing but EOUSA refused to process 519 pages until Bartko paid $51.90 in fees. Boasberg ruled in favor of EOUSA, but on appeal, the D.C. Circuit ruled that Bartko was entitled to a public interest fee waiver. While his appeal was pending, Bartko filed another suit against EOUSA for its failure to disclose the 619 pages. EOUSA argued this suit violated the ruled against "claim-splitting' " a corollary of sorts to res judicata. Bartko's third request was to OPR for records of misconduct by Wheeler. OPR once again referred records to EOUSA, which withheld them entirely under several exemptions. Boasberg dealt with the third request first. Pointed out the longstanding confusion over whether there were 642 pages or 320 pages in dispute, Boasberg explained that at long last, DOJ had resolved the issue. He observed that "OPR technically referred to EOUSA 642 pages of responsive records, as Bartko suspects. Those 642 pages, however, consist of the following: 320 pages that OPR had marked with preliminary FOIA determinations; a duplicate set of 320 pages that OPR had not marked, and two cover pages" and indicated that "this explanation resolves Bartko's concerns." EOUSA withheld most of the 320 pages under Exemption 5 (privileges), claiming the attorney-client privilege, the deliberative process privilege, and the attorney work-product privilege. Boasberg agreed with EOUSA on the applicability of the attorney-client privilege as to a handful of pages. While upholding some of the agency's deliberative process privilege claims, he rejected the agency's claim that judicial opinions or court filings risked revealing what OPR attorneys considered relevant. He noted that "if all factual material an agency considers during a decisionmaking process were exempt, an agency would never need to disclose factual matter raised during its policy-making deliberations. That is wrong and the cases say so." Rejecting the agency's attorney work product claims, Boasberg pointed out that "EOUSA's justifications for withholding records on attorney-work-product-privilege grounds all fall short for one obvious reason: none of them explains in what manner the records were 'prepared or obtained because of the prospect of litigation.'" In light of the D.C. Circuit's ruling in Bartko's appeal, Boasberg found EOUSA's attempt to withhold all the records under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records) fell short. He pointed out that "in Bartko [v. Dept of Justice, 898 F.3d 51 (D.C. Cir. 2018)], the Court of Appeals concluded that the records Plaintiff sought of AUSA Wheeler's misconduct were not, on the record before it, law-enforcement records. These conclusions apply with equal force to Bartko's request here for records of Wheeler's misconduct " the same records request at issue in the previous matter, merely directed to EOUSA rather than OPR. Perhaps EOUSA can make a particularized showing as to why the responsive records are law-enforcement records, but it has not come close to making that showing so far." Boasberg agreed with EOUSA that Bartko's second request implicated issues that had already been addressed by the court and as a result, was barred. But he found that Bartko was not required at this point to administratively appeal his first request challenging the agency's fee estimate. Boasberg explained that EOUSA "seems to think that if a plaintiff's failure to properly exhaust her claim initially forever precludes her from getting a FOIA determination in the agency or in court, that is the plaintiff's fault for not getting it right the first time. That kind of one-strike-and-you're-out approach is inconsistent with FOIA's goal of opening agency action to the light of public scrutiny."
Issues: Litigation - Jurisdiction - Failure to Exhaust, Litigation - Jurisdiction - Failure to State a Claim, Exemption 5 - Privileges, Fees - Commitment to pay
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)
2018-10-0951MOTION for Extension of Time to File Summary Judgment Motion by UNITED STATES BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 10/09/2018)
2018-10-10MINUTE ORDER GRANTING 51 Motion for Extension of Time to File. The Court ORDERS that: 1) Defendants shall file their Motion for Summary Judgment by October 24, 2018; 2) Plaintiff shall file his combined Opposition and Cross-Motion by November 26, 2018; 3) Defendants shall file their combined Opposition and Reply by December 24, 2018; and 4) Plaintiff shall file his Reply by January 14, 2019. So ORDERED by Judge James E. Boasberg on 10/10/2018. (lcjeb3) (Entered: 10/10/2018)
2018-10-10Set/Reset Deadlines: Summary Judgment motions due by 10/24/2018. Response to Motion for Summary Judgment due by 11/26/2018. Reply to Motion for Summary Judgment due by 12/24/2018. Replies due by 1/14/2019. (znbn) (Entered: 10/10/2018)
2018-10-1552STATUS REPORT by GREGORY BARTKO. (BARTKO, GREGORY) (Entered: 10/15/2018)
2018-10-1953STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Kolsky, Joshua) (Entered: 10/19/2018)
2018-10-22MINUTE ORDER: Per Defendant Executive Office of United States Attorneys' 53 Status Report, the Court ORDERS that Defendant EOUSA file a status report by December 18, 2018, addressing 1) Whether Defendant intends to release documents OPR-17(a), OPR-18(a), OPR-18(b), OPR-18(c), OPR-18(d), OPR-18(e), OPR-18(g), OPR-18(h), OPR-20(a), OPR-21(a), OPR-22(a), OPR-23(b), and OPR-Unnumbered and, if not, a proposed schedule for a renewed motion for summary judgment as to those documents; 2) Whether any issues remain in dispute as to documents OPR-12, OPR-13, OPR-14, OPR-15, OPR-16, OPR-17, OPR-19, OPR-20, OPR-21, OPR-22, OPR-23, OPR-23(a), and OPR-24, and, if so, a proposed schedule for a renewed motion for summary judgment as to those documents; and 3) Whether any issues remain in dispute as to fees related to request number 2014-486 and, if so, a proposed schedule for briefing the fee issue. So ORDERED by Judge James E. Boasberg on 10/22/2018. (lcjeb3) (Entered: 10/22/2018)
2018-10-22Set/Reset Deadlines: Joint Status Report due by 12/18/2018. (znbn) (Entered: 10/23/2018)
2018-10-2454MOTION for Extension of Time to File Summary Judgment Motion by UNITED STATES BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 10/24/2018)
2018-10-24MINUTE ORDER GRANTING 54 Motion for Extension of Time to File Motion for Summary Judgment. The Court ORDERS that: 1) Defendants shall file their Motion for Summary Judgment as to BOP and Request 2017-3456 by October 31, 2018; 2) Plaintiff shall file his combined Opposition and Cross-Motion by December 3, 2018; 3) Defendants shall file their Combined Opposition and Reply by December 31, 2018; and 4) Plaintiff shall file his Reply by January 21, 2019. So ORDERED by Judge James E. Boasberg on 10/24/2018. (lcjeb3) (Entered: 10/24/2018)
2018-10-24Set/Reset Deadlines: Summary Judgment motions due by 10/31/2018. Response to Motion for Summary Judgment due by 12/3/2018. Reply to Motion for Summary Judgment due by 12/31/2018. Replies due by 1/21/2019. (znbn) (Entered: 10/25/2018)
2018-10-3155MOTION for Partial Summary Judgment by UNITED STATES BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order, # 2 Declaration (Francis), # 3 Declaration (Ontjes), # 4 Declaration (Richardson))(Kolsky, Joshua) (Entered: 10/31/2018)
2018-11-0156ORDER DIRECTING Plaintiff to respond to Defendants' 55 Motion for Summary Judgment by December 3, 2018. Signed by Judge James E. Boasberg on 11/1/2018. (lcjeb3) (Entered: 11/01/2018)
2018-11-01Set/Reset Deadlines: Responses due by 12/3/2018. (znbn) (Entered: 11/01/2018)
2018-12-0357RESPONSE re 55 MOTION for Partial Summary Judgment filed by GREGORY BARTKO. (Attachments: # 1 Statement of Facts, # 2 Exhibit A Emails, # 3 Exhibit B Bragdon emails)(BARTKO, GREGORY) (Entered: 12/03/2018)
2018-12-0358Cross MOTION for Partial Summary Judgment on Plaintiff Request for Waiver of Fees by the EOUSA by GREGORY BARTKO (Attachments: # 1 Statement of Facts, # 2 Exh A EOUSA letter 110218, # 3 Exh B EOUSA FOIA request 91913, # 4 Exh C Letter to EOUSA FOIA 110813, # 5 Exh D EOUSA FOIA response 121213, # 6 Exh E EOUSA FOIA response 40114, # 7 Exh F Letter from EOUSA 51914, # 8 Exh G Letter from EOUSA 52014, # 9 Exh H FOIA request to EOUSA 72614, # 10 Exh I FOIA appeal to OIP 42714, # 11 Exh J Letter from OIP 52314, # 12 Exh K Letter from OIP 60614)(BARTKO, GREGORY) (Entered: 12/03/2018)
2018-12-1459NOTICE OF SUBSTITUTION OF COUNSEL by Paul Cirino on behalf of UNITED STATES BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF JUSTICE Substituting for attorney Joshua M. Kolsky (Cirino, Paul) (Entered: 12/14/2018)
2018-12-1760MOTION for Extension of Time to File Response/Reply as to 58 Cross MOTION for Partial Summary Judgment on Plaintiff Request for Waiver of Fees by the EOUSA by UNITED STATES BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 12/17/2018)
2018-12-18MINUTE ORDER GRANTING 60 Motion for Extension of Time to File. The Court ORDERS that Defendants shall file their response to Plaintiff's cross-motion for partial summary judgment by January 31, 2019. So ORDERED by Judge James E. Boasberg on 12/18/2018. (lcjeb3) (Entered: 12/18/2018)
2018-12-1861STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Cirino, Paul) (Entered: 12/18/2018)
2018-12-19MINUTE ORDER ADOPTING the proposed schedules in Defendant's 61 status report. The Court ORDERS that, as to Request No. 2015-759, 1) Defendant EOUSA shall file its renewed motion for summary judgment by February 18, 2019; 2) Plaintiff shall file his opposition and cross-motion for summary judgment if any by March 20, 2019; 3) Defendant shall file its reply in support of its renewed motion and its opposition to Plaintiff's cross-motion by April 19, 2019; and 4) Plaintiff shall file his reply in support of his cross-motion if any by May 20, 2019. The Court ORDERS that, as to Request No. 2014-486, 1) Defendant EOUSA shall file its opposition to Plaintiff's motion for summary judgment and its cross-motion for summary judgment by January 31, 2019; 2) Plaintiff shall file his reply in support of his motion and his opposition to Defendant's cross-motion by March 4, 2019; and 3) Defendant shall file its reply in support of its cross-motion by April 3, 2019. So ORDERED by Judge James E. Boasberg on 12/19/2018. (lcjeb3) (Entered: 12/19/2018)
2018-12-19Set/Reset Deadlines: Summary Judgment motions due by 2/18/2019. Response to Motion for Summary Judgment due by 3/20/2019. Reply to Motion for Summary Judgment due by 4/19/2019. (znbn) (Entered: 12/19/2018)
2018-12-3162MOTION to Stay In Light of Lapse In Appropriations by UNITED STATES BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF JUSTICE (Cirino, Paul) (Entered: 12/31/2018)
2019-01-02MINUTE ORDER GRANTING 62 Motion to Stay. So ORDERED by Judge James E. Boasberg on 1/2/2019. (lcjeb1) (Entered: 01/02/2019)
2019-01-2863NOTICE of Change of Address by GREGORY BARTKO (BARTKO, GREGORY) (Entered: 01/28/2019)
2019-01-3164MOTION to Extend Deadlines by UNITED STATES BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Cirino, Paul) Modified relief on 2/5/2019 (ztd). (Entered: 01/31/2019)
2019-02-01MINUTE ORDER: The Court ORDERS that Defendants' 64 Motion for Extension of Time to File is GRANTED and that the following schedule shall govern proceedings. With respect to Plaintiff's claims against BOP and against EOUSA regarding Request No. 2014-3456 and the waiver of fees as to Request No. 2014-486, the Court ORDERS that: 1) EOUSA shall file its Opposition to Plaintiff's Motion for Summary Judgment and Cross-Motion for Summary Judgment by March 18, 2019; 2) Plaintiff shall file his Reply in Support of his Motion and Opposition to EOUSA's Cross-Motion by April 18, 2019; and 3) EOUSA shall file its Reply in Support of its Cross-Motion by May 20, 2019. With respect to Plaintiff's claims against EOUSA regarding Request No. 2015-759, the Court ORDERS that: 1) EOUSA shall file its Renewed Motion for Summary Judgment by April 4, 2019; 2) Plaintiff shall file his Opposition to EOUSA's Renewed Motion and his Cross-Motion for Summary Judgment by May 4, 2019; 3) EOUSA shall file its Reply in Support of its Renewed Motion and Opposition to Plaintiff's Cross-Motion by June 3, 2019; and 4) Plaintiff shall file his Reply in Support of his Cross-Motion by July 5, 2019. Signed by Judge James E. Boasberg on 2/1/2019. (lcjeb3) (Entered: 02/01/2019)
2019-02-01Set/Reset Deadlines: Summary Judgment motions due by 4/4/2019. Response to Motion for Summary Judgment due by 5/4/2019. Reply to Motion for Summary Judgment due by 6/3/2019. Replies due by 7/5/2019. (znbn) (Entered: 02/01/2019)
2019-02-01Set/Reset Deadlines: Cross Motions due by 3/18/2019. Response to Cross Motions due by 4/18/2019. Reply to Cross Motions due by 5/20/2019. (znbn) (Entered: 02/04/2019)
2019-03-06MINUTE ORDER: The Court ORDERS that the Government shall provide for in camera inspection by March 11, 2019, the 43 pages withheld in full that are mentioned in its 55 Statement of Undisputed Material Facts at paragraph 7. So ORDERED by Judge James E. Boasberg on 3/6/2019. (lcjeb3) (Entered: 03/06/2019)
2019-03-06Set/Reset Deadlines: In-Camera Submission due by 3/11/2019. (znbn) (Entered: 03/06/2019)
2019-03-1865REPLY to opposition to motion re 55 MOTION for Partial Summary Judgment filed by UNITED STATES BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF JUSTICE. (Cirino, Paul) (Entered: 03/18/2019)
2019-03-1866Cross MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Response to Plaintiff's Statement of Facts, # 4 Text of Proposed Order)(Cirino, Paul) (Entered: 03/18/2019)
2019-03-1867RESPONSE re 58 Cross MOTION for Partial Summary Judgment on Plaintiff Request for Waiver of Fees by the EOUSA (Duplicate Entry) filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Response to Plaintiff's Statement of Facts, # 4 Text of Proposed Order)(Cirino, Paul) (Entered: 03/18/2019)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar