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Case TitleALLEN v. DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv01197
Date Filed2017-06-16
Date Closed2020-01-29
JudgeJudge Colleen Kollar-Kotelly
PlaintiffISAAC KELVIN ALLEN
Case DescriptionIsaac Allen, a federal prisoner, submitted a FOIA request to the Executive Office for U.S. Attorneys for records concerning losses suffered by banks. EOUSA took a 10-day extension. Allen also submitted a FOIA request to the Bureau of Prisons for records concerning the agency's decision to place him on a security threat list in 2011. BOP disclosed 6 pages in full and one page in part. It withheld 39 pages entirely. Allen filed an administrative appeal, which was denied. Allen then filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Recovery of Costs

DefendantDEPARTMENT OF JUSTICE
DefendantBUREAU OF PRISONS
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [47]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-06-16Initiating Pleading & IFP Application Received on 6/16/2017. (js) (Entered: 06/20/2017)
2017-06-161COMPLAINT against BUREAU OF PRISONS, DEPARTMENT OF JUSTICE filed by ISAAC KELVIN ALLEN. (Attachments: # 1 Attachment to Complaint)(js) (Entered: 06/20/2017)
2017-06-162MOTION for Leave to Proceed in forma pauperis by ISAAC KELVIN ALLEN. (js) (Entered: 06/20/2017)
2017-06-163PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by ISAAC KELVIN ALLEN. (js) (Entered: 06/20/2017)
2017-07-174PRO SE ORDER directing within 30 days of this Order, unless an extension of time is granted, plaintiff to provide a six month trust fund prisoner account statement and failure to comply will result in dismissal of case. Plaintiff shall provide the requested information specific within this order. Signed by Judge Tanya S. Chutkan on 07/13/2017. (zsb) (Entered: 07/21/2017)
2017-08-175NOTICE OF PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by ISAAC KELVIN ALLEN. (md) (Entered: 08/25/2017)
2017-11-096ORDER GRANTING 2 Motion for Leave to Proceed in forma pauperis. Signed by Judge Amit P. Mehta on 10/25/2017. (md) (Entered: 11/09/2017)
2017-11-09Case Reassigned to Judge Colleen Kollar-Kotelly. Unassigned is no longer assigned to the case. (md) (Entered: 11/09/2017)
2017-11-097NOTICE OF RELATED CASE by ISAAC KELVIN ALLEN. Case related to Case No. 16-cv-708. (md) (Entered: 11/09/2017)
2017-12-018SUMMONS (4) Issued as to BUREAU OF PRISONS, DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (jd) (Entered: 12/04/2017)
2018-01-199NOTICE of Appearance by Marina Utgoff Braswell on behalf of BUREAU OF PRISONS, DEPARTMENT OF JUSTICE (Braswell, Marina) (Entered: 01/19/2018)
2018-01-1910ANSWER to 1 Complaint by BUREAU OF PRISONS, DEPARTMENT OF JUSTICE.(Braswell, Marina) (Entered: 01/19/2018)
2018-02-0811RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BUREAU OF PRISONS served on 2/2/2018 (td) (Entered: 02/09/2018)
2018-02-1213NOTICE of Transfer by ISAAC KELVIN ALLEN (td) (Entered: 02/15/2018)
2018-02-1312NOTICE OF SUBSTITUTION OF COUNSEL by Claire M. Whitaker on behalf of BUREAU OF PRISONS, DEPARTMENT OF JUSTICE Substituting for attorney Marina Utgoff Braswell (Whitaker, Claire) (Entered: 02/13/2018)
2018-03-0814NOTICE of Change of Address by ISAAC KELVIN ALLEN (td) (Entered: 03/12/2018)
2018-03-13MINUTE ORDER: Plaintiff brings this action under the Freedom of Information Act ("FOIA"), see 5 U.S.C. § 552, for the release of records allegedly maintained by the Executive Office for United States Attorneys and the Federal Bureau of Prisons. Now that defendant has filed an Answer, and because Local Civil Rule 16.3(b) exempts FOIA actions from its meet-and-confer requirements, the Court hereby ORDERS defendant to file a report by April 20, 2018 on the status of the agency's responses to plaintiff's FOIA requests, and a proposed schedule for dispositive motions. Signed by Judge Colleen Kollar-Kotelly on 3/13/18. (ms) (Entered: 03/13/2018)
2018-03-13Set/Reset Deadlines: Defendant to file a Status Report by 4/20/2018 on the status of the agency's responses to plaintiff's FOIA requests, and a proposed schedule for dispositive motions. (dot) (Entered: 03/13/2018)
2018-04-0615ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 04/6/2018. (DM) (Entered: 04/06/2018)
2018-04-2016STATUS REPORT and briefing schedule by BUREAU OF PRISONS, DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 04/20/2018)
2018-05-24MINUTE ORDER: On consideration of defendants' 16 Status Report it is hereby ORDERED that defendants shall file a dispositive motion by June 15, 2018; plaintiff shall file his opposition and cross-motion for summary judgment by July 16, 2018; defendants shall file their reply and opposition to plaintiff's cross-motion by August 15, 2018; plaintiff shall file his reply by September 14, 2018. Signed by Judge Colleen Kollar-Kotelly on 5/24/18. (ms) (Entered: 05/24/2018)
2018-05-24Set/Reset Deadlines: Defendants' dispositive motion due by 6/15/2018; Plaintiff's opposition and cross-motion for summary judgment due by 7/16/2018; Defendants' reply and opposition to plaintiff's cross-motion due by 8/15/2018; Plaintiff's reply due by 9/14/2018. (kt) (Entered: 05/24/2018)
2018-06-0617NOTICE of Appearance by Marina Utgoff Braswell on behalf of BUREAU OF PRISONS, DEPARTMENT OF JUSTICE (Braswell, Marina) (Entered: 06/06/2018)
2018-06-0618MOTION for Extension of Time to File Dispositive Motion by BUREAU OF PRISONS, DEPARTMENT OF JUSTICE (Braswell, Marina) (Entered: 06/06/2018)
2018-06-22MINUTE ORDER: Defendants' motion for an extension of time 18 is granted for good cause shown. Defendants shall file their dispositive motion by July 18, 2018; plaintiff shall file his opposition and cross-motion for summary judgment by August 16, 2018; defendants shall file their reply to plaintiff's opposition and opposition to plaintiff's cross-motion for summary judgment by September 17, 2018; and plaintiff shall file his reply by October 17, 2018. Signed by Judge Colleen Kollar-Kotelly on 6/22/18. (ms) (Entered: 06/22/2018)
2018-06-22Set/Reset Deadlines: Plaintiff's Cross Motion due by 8/16/2018. Response to Cross Motion due by 9/17/2018. Reply to Cross Motion due by 10/17/2018. Defendant's Dispositive Motion due by 7/18/2018. Response to Dispositive Motion due by 8/16/2018. Reply to Dispositive Motion due by 9/17/2018. (dot) (Entered: 06/22/2018)
2018-07-1819MOTION for Summary Judgment and Motion to Dismiss by BUREAU OF PRISONS, DEPARTMENT OF JUSTICE (Attachments: # 1 Francis Declaration, # 2 Pineda-Saavedra Declaration, # 3 Mack declaration, # 4 Mack Declaration Attachments)(Braswell, Marina). Added MOTION to Dismiss on 7/26/2018 (zrdj). (Entered: 07/18/2018)
2018-07-2020Order advising plaintiff to respond to 19 defendants' MOTION for Summary Judgment and to Dismiss by 8/16/2018. Signed by Judge Colleen Kollar-Kotelly on 7/20/18. (ms) (Entered: 07/20/2018)
2018-07-20Set/Reset Deadlines: Plaintiff's Response to 20 due by 8/16/2018. (dot) (Entered: 07/24/2018)
2018-07-2621NOTICE of Filing of Table of Authorities In Support Of Defendants' Motion to Dismiss and For Summary Judgment by BUREAU OF PRISONS, DEPARTMENT OF JUSTICE re 19 MOTION for Summary Judgment and Motion to Dismiss MOTION to Dismiss (Attachments: # 1 (Table of Authorities))(Braswell, Marina) Modified text on 7/27/2018 (ztd). (Entered: 07/26/2018)
2018-08-0322MOTION for Extension of Time to Response by ISAAC KELVIN ALLEN (jf). Added MOTION for Additional copy on 8/9/2018 (zrdj). (Entered: 08/07/2018)
2018-08-0323NOTICE by ISAAC KELVIN ALLEN (See docket entry 22 to view document)(zrdj) . (Entered: 08/09/2018)
2018-08-10MINUTE ORDER: On consideration of plaintiff's Notice of Non-Receipt, Motion for Additional Copy and Request for Time to File Response, construed by the Court as a motion for an extension of time to file an opposition to Defendant's Motion to Dismiss and for Summary Judgment, ECF No. 19, it is hereby ORDERED that plaintiff's motion 22 22 is GRANTED, and the briefing schedule set forth in the Court's June 22, 2018 Minute Order is VACATED. It is further ORDERED that defendant shall send a copy of its motion, with exhibits, to plaintiff at his current address of record by August 17, 2018; plaintiff shall file his opposition and cross-motion by September 17, 2018; defendant shall file its reply and opposition to plaintiff's cross-motion by October 17, 2018; plaintiff shall file his reply by November 19, 2018. Signed by Judge Colleen Kollar-Kotelly on 8/9/18. (ms) (Entered: 08/10/2018)
2018-08-10Set/Reset Deadlines: Plaintiff's Cross Motion due by 9/17/2018. Response to Cross Motion due by 10/17/2018. Reply to Cross Motion due by 11/19/2018. Plaintiff's Response to 19 due by 9/17/2018. Reply due by 10/17/2018. (dot) (Entered: 08/10/2018)
2018-08-1724ENTERED IN ERROR.....NOTICE (Notice to the Court of Second Service of Dispositive Motion) by BUREAU OF PRISONS, DEPARTMENT OF JUSTICE re 19 MOTION for Summary Judgment and Motion to Dismiss MOTION to Dismiss, 21 Notice (Other), 23 Notice (Other) (Nebeker, William) Modified on 8/24/2018 (tth). (Entered: 08/17/2018)
2018-08-24NOTICE OF CORRECTED DOCKET ENTRY: re 24 Notice (Other), was entered in error and counsel was instructed to refile said pleading. (tth) (Entered: 08/24/2018)
2018-08-2425NOTICE (Notice to the Court of Second Service of Dispositive Motion) by BUREAU OF PRISONS, DEPARTMENT OF JUSTICE re 19 MOTION for Summary Judgment and Motion to Dismiss MOTION to Dismiss, 21 Notice (Other), 23 Notice (Other) (Braswell, Marina) (Entered: 08/24/2018)
2018-08-2426NOTICE OF WITHDRAWAL OF APPEARANCE as to BUREAU OF PRISONS, DEPARTMENT OF JUSTICE. Attorney Claire M. Whitaker terminated. (Whitaker, Claire) (Entered: 08/24/2018)
2018-09-2527Memorandum in opposition to re 19 MOTION for Summary Judgment and Motion to Dismiss MOTION to Dismiss filed by ISAAC KELVIN ALLEN. (ztd) (Additional attachment(s) added on 9/27/2018: # 1 Statement of Facts) (ztd). (Entered: 09/27/2018)
2018-10-1128MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Summary Judgment and Motion to Dismiss MOTION to Dismiss by BUREAU OF PRISONS, DEPARTMENT OF JUSTICE (Braswell, Marina) (Entered: 10/11/2018)
2018-10-18MINUTE ORDER: Defendants' 28 Motion for Extension of Time is granted, and its Reply is due by October 25, 2018. Signed by Judge Colleen Kollar-Kotelly on 10/18/18. (ms) (Entered: 10/18/2018)
2018-10-18Set/Reset Deadlines: Reply to 19 due by 10/25/2018. (dot) (Entered: 10/19/2018)
2018-10-2529REPLY to opposition to motion re 19 MOTION for Summary Judgment and Motion to Dismiss MOTION to Dismiss filed by BUREAU OF PRISONS, DEPARTMENT OF JUSTICE. (Attachments: # 1 Mack Declaration, # 2 Exhibit to Mack Declaration, # 3 Supplemental Pineda Saavedra Declaration)(Braswell, Marina) (Entered: 10/25/2018)
2019-02-0732SURREPLY to re 19 MOTION for Summary Judgment and Motion to Dismiss MOTION to Dismiss filed by ISAAC KELVIN ALLEN. (Attachments: # 1 Attachments 1 & 2); ("Leave to file Granted" signed 2/7/19 by Judge Colleen Kollar-Kotelly)(ztd) (Entered: 02/11/2019)
2019-02-0830***ENTERED IN ERROR*** ORDER granting in part and denying in part 19 19 defendants' Motion for Summary Judgment; and directing defendants to file renewed motion by March 21, 2019. Signed by Judge Colleen Kollar-Kotelly on 2/8/19. (ms) Modified on 2/8/2019 (ms). (Entered: 02/08/2019)
2019-02-0831ORDER granting in part and denying in part 19 19 Defendants' Motion for Summary Judgment; and directing defendants to file a renewed motion for summary judgment by March 21, 2019. Signed by Judge Colleen Kollar-Kotelly on 2/8/19. (ms) (Entered: 02/08/2019)
2019-02-08Set/Reset Deadlines: Defendants' Renewed Summary Judgment Motion due by 3/21/2019. (dot) (Entered: 02/08/2019)
2019-03-1133MOTION for Reconsideration re 31 Order on Motion for Summary Judgment, Order on Motion to Dismiss by ISAAC KELVIN ALLEN (Attachments: # 1 Attachments 1-3)(ztd) (Entered: 03/13/2019)
2019-03-2134MOTION for Summary Judgment by BUREAU OF PRISONS, DEPARTMENT OF JUSTICE (Attachments: # 1 Second Supplemental Mack Declaration)(Braswell, Marina) (Entered: 03/21/2019)
2019-03-2235Order advising plaintiff to respond to the 34 MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE by 4/30/2019. Signed by Judge Colleen Kollar-Kotelly on 3/22/19. (ms) (Entered: 03/22/2019)
2019-03-22Set/Reset Deadlines: Plaintiff's Response to 34 Motion for Summary Judgment due by 4/30/2019. (dot) (Entered: 03/22/2019)
2019-03-2536Memorandum in opposition to re 33 MOTION for Reconsideration re 31 Order on Motion for Summary Judgment, Order on Motion to Dismiss filed by BUREAU OF PRISONS, DEPARTMENT OF JUSTICE. (Attachments: # 1 Third Supplemental Mack Declaration)(Braswell, Marina) (Entered: 03/25/2019)
2019-05-0337Memorandum in opposition to re 34 MOTION for Summary Judgment filed by ISAAC KELVIN ALLEN. (Attachments: # 1 Exhibit)(ztd) (Entered: 05/06/2019)
2019-05-0638MOTION for Extension of Time to File Response/Reply as to 34 MOTION for Summary Judgment by BUREAU OF PRISONS, DEPARTMENT OF JUSTICE (Braswell, Marina) (Entered: 05/06/2019)
2019-05-07MINUTE ORDER: Defendants' Motion for an Enlargement of Time to File Reply Brief 38 is GRANTED. Defendants shall file their reply by May 15, 2019. Signed by Judge Colleen Kollar-Kotelly on 5/7/19. (ms) (Entered: 05/07/2019)
2019-05-07Set/Reset Deadlines: Defendants' Reply to 34 due by 5/15/2019. (dot) (Entered: 05/07/2019)
2019-05-1539REPLY to opposition to motion re 34 MOTION for Summary Judgment filed by BUREAU OF PRISONS, DEPARTMENT OF JUSTICE. (Attachments: # 1 3rd Supplemental Mack Declaration, # 2 Attachment 1, # 3 Attachment 2)(Braswell, Marina) (Entered: 05/15/2019)
2019-05-1540Supplemental MOTION for Summary Judgment by BUREAU OF PRISONS, DEPARTMENT OF JUSTICE (Attachments: # 1 3rd Supplemental Mack Declaration, # 2 Attachment 1, # 3 Attachment 2)(Braswell, Marina) (Entered: 05/15/2019)
2019-05-2041ERRATA by BUREAU OF PRISONS, DEPARTMENT OF JUSTICE 40 Supplemental MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE, BUREAU OF PRISONS. (Attachments: # 1 (Defendant Bureau of Prisons Supplemental Renewed Motion for Summary Judgment), # 2 Declaration (Third Supplemental Declaration of Violet Mack), # 3 (Attachment 1), # 4 (Attachment 2), # 5 (Table of Authorities), # 6 Text of Proposed Order)(Braswell, Marina) (Entered: 05/20/2019)
2019-05-2942Order advising plaintiff to respond to 40 BOP's supplemental renewed motion for Summary Judgment by 6/28/2019. Signed by Judge Colleen Kollar-Kotelly on 5/28/19. (ms) (Entered: 05/29/2019)
2019-07-0543Memorandum in opposition to re 40 Supplemental MOTION for Summary Judgment filed by ISAAC KELVIN ALLEN. (Attachments: # 1 Exhibit)(ztd) (Entered: 07/11/2019)
2019-07-1244REPLY to opposition to motion re 40 Supplemental MOTION for Summary Judgment filed by BUREAU OF PRISONS, DEPARTMENT OF JUSTICE. (Attachments: # 1 Table of Authorities)(Braswell, Marina) (Entered: 07/12/2019)
2019-10-1145MOTION filed by ISAAC KELVIN ALLEN (ztd);("Leave to file GRANTED" signed 10/11/19 by Judge Coleen Kollar-Kotelly) Modified on 11/1/2019 (ztd). ( Not sealed per Pro Se Staff Counsel) (Entered: 10/16/2019)
2020-01-2946ORDER denying plaintiff's 33 Motion for Reconsideration and 45 Request for Court to Conduct an "In Camera" Review; and granting 34 Defendant Bureau of Prisons' Renewed Motion for Summary Judgment and 40 Defendant Bureau of Prisons' Renewed Supplemental Renewed Motion for Summary Judgment. This is a final appealable Order. Signed by Judge Colleen Kollar-Kotelly on 1/29/20. (ms) (Entered: 01/29/2020)
2020-01-2947MEMORANDUM AND OPINION. Signed by Judge Colleen Kollar-Kotelly on 1/29/20. (ms) (Entered: 01/29/2020)
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