Case Detail

FOIA Project Annotation: Judge Timothy Kelly has ruled that the Bureau of Prisons has not shown that a list of employees who work at either the Federal Correctional Complex at Florence, Colorado, Terre Haute, Indiana, or Beaumont, Texas is protected by Exemption 2 (internal practices and procedures) or Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records) in response to requests from prisoner Dmitry Pronin. Pronin submitted six FOIA requests in all for records about employees at the three facilities and after the agency failed to respond, Pronin filed suit. BOP filed a motion justifying its handling of all six requests, but Pronin told Kelly that the only information he was interested in was a list of employees at the three facilities. Referring to the agency's motion as incoherent, Kelly found that the agency had not yet shown that either Exemption 2 or the privacy exemptions protected the information. Turning to the Exemption 2 claim, Kelly pointed out that "to be sure, 'information need not actually be "rules and practices" to qualify under Exemption 2, as the statute provides that matters "related" to rules and practices is also exempt.' But simply stating that a document 'reflects the internal practices of the BOP concerning staffing,' does not by itself bring that document within the cover of Exemption 2. Defendant must further demonstrate that the matter 'related solely' to internal personnel rules and practices and that it is not 'subject to a genuine and significant public interest.' Defendant makes no attempt to explain why a list of employee names, whether compiled separately or as part of a broader 'staffing report,' meet those criteria." He added that "to be clear, the Court does not find that these records necessarily fall outside Exemption 2 �" or, for that matter, any of the other exemptions �" only that Defendant has failed to carry its burden to justify invoking Exemption 2 here." BOP first claimed that it had no record containing employee names for Beaumont, but then later asserted that it was withholding information for privacy concerns. Kelly noted that "either justification �" that it uncovered no responsive records after an adequate search, or that it did but such records are exempt �" may be sufficient for summary judgment purposes. But again, Defendant has failed to provide a record sufficient to demonstrate as much. If no records exist �" a response the Court doubts, given the existence of staff lists for other BOP institutions �" Defendant must aver as much with appropriate declarations. If however, responsive records do exist and Defendant intends to withhold those records on privacy grounds, Defendant must sufficiently describe the nature of the records and cite to the particular exemption or exemptions under which it believes those records fall."
Issues: Exemption 2 - Personnel practices, Exemption 7(C) - Invasion of privacy concerning law enforcement records, Litigation - Vaughn index

Date Filed	Doc #	Docket Text
2017-09-01		Initiating Pleading & IFP Application Received on 9/1/2017. (md) (Entered: 09/06/2017)
2017-09-01	1	COMPLAINT against FEDERAL BUREAU OF PRISONS filed by DMITRY PRONIN. (Attachments: # 1 Exhibits to Complaint) (md) (Entered: 09/06/2017)
2017-09-01	2	MOTION for Leave to Proceed in forma pauperis by DMITRY PRONIN. (md) (Entered: 09/06/2017)
2017-10-11	3	ORDER GRANTING 2 Motion for Leave to Proceed in forma pauperis. Signed by Judge Randolph D. Moss on 10/4/2017. (md) (Entered: 10/13/2017)
2017-10-13		Case Reassigned to Judge Timothy J. Kelly. Unassigned is no longer assigned to the case. (md) (Entered: 10/13/2017)
2017-12-01	4	SUMMONS (3) Issued as to FEDERAL BUREAU OF PRISONS, U.S. Attorney and U.S. Attorney General (jd) (Entered: 12/01/2017)
2017-12-11	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/7/2017. Answer due for ALL FEDERAL DEFENDANTS by 1/6/2018. (jf) (Entered: 12/12/2017)
2017-12-13	6	NOTICE of Appearance by Scott Leeson Sroka on behalf of All Defendants (Sroka, Scott) (Entered: 12/13/2017)
2017-12-18	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/15/2017. (jf) (Entered: 12/19/2017)
2018-01-05	8	MOTION for Extension of Time to File Answer by FEDERAL BUREAU OF PRISONS (Sroka, Scott) (Entered: 01/05/2018)
2018-01-11		MINUTE ORDER granting 8 Motion for Extension of Time to Answer. It is hereby ORDERED, for good cause shown and nunc pro tunc to January 5, 2018, that Defendant's motion is GRANTED. Defendant shall answer or otherwise respond to Plaintiff's complaint by February 5, 2018. Signed by Judge Timothy J. Kelly on 1/11/2018. (lctjk2) Modified event title on 1/12/2018 (znmw). (Entered: 01/11/2018)
2018-02-01	9	NOTICE of Change of Address by DMITRY PRONIN (jf) (Entered: 02/02/2018)
2018-02-05	10	MOTION for Extension of Time to File Answer and Set Briefing Schedule by FEDERAL BUREAU OF PRISONS (Sroka, Scott) (Entered: 02/05/2018)
2018-02-07		MINUTE ORDER denying 10 Motion for Entry of Proposed Scheduling Order. On January 11, 2018, the Court extended Defendant's time to answer or otherwise respond to Plaintiff's complaint by one month, to February 5. The Court did not hear from Defendant again until February 5, when it filed the instant motion. Defendant asks the Court to enter a briefing schedule for a dispositive motion, effectively seeking a further one-month extension. But Defendant has not articulated why the initial extension was insufficient time to prepare a response to the complaint, or why Defendant needs another full month to do so. Defendant has thus failed to show good cause for the proposed extension. Accordingly, it is hereby ORDERED that Defendant's motion is DENIED without prejudice to the filing of a motion that adequately describes the reasons for the proposed extension of time. Signed by Judge Timothy J. Kelly on 2/7/2018. (lctjk2) (Entered: 02/07/2018)
2018-02-26	11	NOTICE of Change of Address by DMITRY PRONIN (jf) (Entered: 02/28/2018)
2018-03-05	12	MOTION for Extension of Time to File Answer by FEDERAL BUREAU OF PRISONS (Sroka, Scott) (Entered: 03/05/2018)
2018-03-06		MINUTE ORDER granting in part and denying in part Defendant's 12 Motion for Extension of Time to File Answer and Renewed Motion for Entry of Proposed Scheduling Order. It is hereby ORDERED, for good cause shown and nunc pro tunc to February 5, 2018, that Defendant's motion is GRANTED IN PART AND DENIED IN PART. The Court grants Defendant's request for an extension of time to respond to the complaint, and Defendant shall answer or otherwise respond to Plaintiff's complaint by March 19, 2018. But the Court denies, as premature, Defendant's request to set a briefing schedule for its dispositive motion, given that Defendant has not yet answered the complaint and that Defendant is, as stated in the motion, still gathering "materials potentially relevant to the underlying Freedom of Information Act requests." Signed by Judge Timothy J. Kelly on 3/6/2018. (lctjk2) (Entered: 03/06/2018)
2018-03-19	13	MOTION for Extension of Time to File Answer by FEDERAL BUREAU OF PRISONS (Sroka, Scott) (Entered: 03/19/2018)
2018-03-19	15	MOTION for Entry of Default by DMITRY PRONIN (jf) (Entered: 03/26/2018)
2018-03-20	14	Memorandum in opposition to re 13 MOTION for Extension of Time to File Answer filed by DMITRY PRONIN. (jf) (Entered: 03/26/2018)
2018-03-23		MINUTE ORDER granting Defendant's 13 Motion for Extension of Time. It is hereby ORDERED, for good cause shown and nunc pro tunc to March 19, 2018, that Defendant's motion is GRANTED. Defendant shall answer or otherwise respond to Plaintiff's complaint by April 5, 2018. Defendant is advised that any further extension will require a more particularized showing of good cause in light of the number of extensions already granted. Signed by Judge Timothy J. Kelly on 3/23/2018. (lctjk2) (Entered: 03/23/2018)
2018-04-05	16	ANSWER to 1 Complaint by FEDERAL BUREAU OF PRISONS.(Sroka, Scott) (Entered: 04/05/2018)
2018-04-06		MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall each file a proposed schedule for briefing or disclosure by April 30, 2018. If practicable, the parties may also meet, confer, and file a joint proposed schedule. Signed by Judge Timothy J. Kelly on 4/6/2018. (lctjk2) (Entered: 04/06/2018)
2018-04-06		MINUTE ORDER denying Plaintiff's 15 Motion for Entry of Default. Because the Court extended Defendant's time to answer the complaint, Defendant is not in default. Accordingly, it is hereby ORDERED that Plaintiff's motion is DENIED. Signed by Judge Timothy J. Kelly on 4/6/2018. (lctjk2) (Entered: 04/06/2018)
2018-04-09		Set/Reset Deadlines: Proposed Briefing Schedule due by 4/30/2018. (kh) (Entered: 04/09/2018)
2018-04-11		Partial Filing Fee Received from DMITRY PRONIN in the amount of $9.01, receipt number: 4616090449. (zrdj) (Entered: 04/18/2018)
2018-04-20	17	NOTICE of Proposed Schedule by DMITRY PRONIN (jf) (Entered: 04/24/2018)
2018-04-20	18	RESPONSE re 16 Answer to Complaint filed by DMITRY PRONIN. (jf) (Entered: 04/24/2018)
2018-04-30	19	STATUS REPORT by FEDERAL BUREAU OF PRISONS. (Sroka, Scott) . (Entered: 04/30/2018)
2018-04-30	20	MOTION for Briefing Schedule by FEDERAL BUREAU OF PRISONS. (See Docket Entry 19 to view document) (jf) (Entered: 05/01/2018)
2018-05-02	21	ORDER granting in part 20 Motion for Briefing Scheduling. Defendant's dispositive motion due by 5/30/2018. Plaintiff's response due by 7/13/2018. Defendant's reply due by 7/27/2018. See Order for details. Signed by Judge Timothy J. Kelly on 5/2/2018. (lctjk2) (Entered: 05/02/2018)
2018-05-10	22	Memorandum in opposition to re 20 MOTION for Briefing Schedule filed by DMITRY PRONIN. (jf) (Entered: 05/11/2018)
2018-05-30	23	MOTION for Extension of Time to File Dispositive Motion by FEDERAL BUREAU OF PRISONS (Sroka, Scott) (Entered: 05/30/2018)
2018-05-31		MINUTE ORDER granting 23 Motion for Extension of Time. Before the Court is Defendant's latest eleventh-hour request for an extension of time in this matter. This request seeks to extend yesterday's deadline for Defendant's dispositive motion--a deadline that Defendant itself proposed. The Court hereby GRANTS the request for good cause shown and ORDERS, nunc pro tunc to yesterday, that Defendant shall file its motion by June 22, 2018. Plaintiff shall file his opposition by August 3, 2018, and Defendant shall file its reply by August 24, 2018. However, Defendant is advised that any further motions for extension of time in this matter must be filed at least one week in advance of the deadline to be extended, and must include specific facts demonstrating good cause to justify the extension. Signed by Judge Timothy J. Kelly on 5/31/2018. (lctjk2) (Entered: 05/31/2018)
2018-06-22	24	MOTION to Dismiss by FEDERAL BUREAU OF PRISONS (Attachments: # 1 Statement of Facts, # 2 Declaration of Ronald L. Rodgers, # 3 Exhibit Attachments to the Rodgers Declaration, # 4 Exhibit Vaughn Index, # 5 Declaration of Clinton Stroble)(Sroka, Scott). Added MOTION for Summary Judgment on 6/26/2018 (tth). (Entered: 06/22/2018)
2018-06-22	25	ENTERED IN ERROR..... MOTION for Summary Judgment by FEDERAL BUREAU OF PRISONS (Attachments: # 1 Statement of Facts, # 2 Declaration of Ronald L. Rodgers, # 3 Exhibit Attachments to the Rodgers Declaration, # 4 Exhibit Vaughn Index, # 5 Declaration of Clinton Stroble)(Sroka, Scott) Modified on 6/26/2018 (tth). (Entered: 06/22/2018)
2018-07-23	26	NOTICE by DMITRY PRONIN. "Leave to File Granted" by Judge Timothy J. Kelly on 7/23/2018. (tth) (Entered: 07/25/2018)
2018-07-24		Partial Filing Fee Received from DMITRY PRONIN in the amount of $1.09, receipt number: 4616093614. (jf) (Entered: 07/24/2018)
2018-09-19		Partial Filing Fee Received from DMITRY PRONIN in the amount of $329.90, receipt number: 4616094582. (zrdj) (Entered: 09/19/2018)
2018-10-12	27	Letter from Dmitry Pronin. "Leave to File GRANTED" by Judge Timothy J. Kelly on 10/12/2018. (tth) (Entered: 10/15/2018)
2018-10-15	28	ORDER affording Plaintiff an additional opportunity to respond to 24 Defendant's Motion to Dismiss or, in the alternative, for Summary Judgment. Plaintiff shall file his supplemental response, if any, by November 12, 2018. If necessary, Defendant shall file its reply by November 26, 2018. See Order for details. Signed by Judge Timothy J. Kelly on 10/15/2018. (lctjk2) (Entered: 10/15/2018)
2018-10-31	29	SUPPLEMENTAL RESPONSE to 24 MOTION to Dismiss, MOTION for Summary Judgment filed by DMITRY PRONIN. "Leave to file granted as supplemental response to Defendant's Motion to Dismiss, or, in the alternative, for Summary Judgment," by Judge Timothy J. Kelly on 10/31/2018. (tth) Modified to add docket text on 11/2/2018 (znmw). (Entered: 10/31/2018)
2018-12-10	30	NOTICE of Change of Address by DMITRY PRONIN. (tth) (Entered: 12/12/2018)
2018-12-10	31	MOTION to be excused from court related appearances from 11/30/2018 and ending on 1/30/2019 by DMITRY PRONIN. (tth) (Entered: 12/12/2018)
2018-12-13		MINUTE ORDER: Plaintiff's 31 Motion to be Excused from Court Appearances from 11/30/2018 through 1/30/2019 is GRANTED. Plaintiff is excused for the requested date-range only. He is excused based on his stated conflict and because no appearances are currently scheduled in this matter. The Clerk of the Court shall mail a copy of this Order to Plaintiff at his address of record. Signed by Judge Timothy J. Kelly on 12/13/2018. (dm) (Entered: 12/13/2018)
2019-02-04	32	MOTION to protect him from court appearances through and up to April 30, 2019 by DMITRY PRONIN. (tth) (Entered: 02/06/2019)
2019-02-07		MINUTE ORDER: Plaintiff's 32 Motion to be Excused from Court Appearances through 4/30/2019 is GRANTED. Plaintiff is excused through 4/30/19 only. He is excused based on his stated conflicts and because no appearances are currently scheduled in this matter. The Clerk of the Court shall mail a copy of this Order to Plaintiff at his address of record.Signed by Judge Timothy J. Kelly on 2/7/2019. (dm) (Entered: 02/07/2019)
2019-03-01	33	MEMORANDUM OPINION AND ORDER denying Defendant's 24 Motion to Dismiss or for Summary Judgment. Renewed motion for summary judgment due 4/1/2019. See Order for details. Signed by Judge Timothy J. Kelly on 3/1/2019. (lctjk2) (Entered: 03/01/2019)
2019-04-08		MINUTE ORDER: By Memorandum Opinion and Order dated March 1, 2019, the Court instructed Defendant to file any renewed motion for summary judgment by April 1, 2019. Defendant has not filed anything since the date of that order. Accordingly, it is hereby ORDERED that Defendant shall, no later than April 22, 2019, either seek leave to late-file a renewed motion for summary judgment or submit a status report informing the Court that it does not intend to file a renewed motion and proposing how it would like to proceed in this matter. Signed by Judge Timothy J. Kelly on 4/8/2019. (lctjk2) (Entered: 04/08/2019)
2019-04-11	34	MOTION for Extension of Time to File Renewed Motion for Summary Judgment by FEDERAL BUREAU OF PRISONS (Sroka, Scott) (Entered: 04/11/2019)
2019-04-13		MINUTE ORDER granting Defendant's 34 Motion Seeking Leave to Late File and Motion for Enlargement. It is hereby ORDERED, upon a showing of excusable neglect, that Defendant's motion is GRANTED. Defendant shall file its renewed motion for summary judgment no later than May 22, 2019. Signed by Judge Timothy J. Kelly on 4/13/2019. (lctjk2) (Entered: 04/13/2019)
2019-05-22	35	MOTION for Extension of Time to File Renewed Motion for Summary Judgment by FEDERAL BUREAU OF PRISONS (Sroka, Scott) (Entered: 05/22/2019)
2019-05-22		MINUTE ORDER treating as opposed, and granting Defendant's 35 Motion for Two-Day Extension of Time. It is hereby ORDERED, for good cause shown, that Defendant's motion is GRANTED. Defendant shall file its renewed motion for summary judgment no later than May 24, 2019. Signed by Judge Timothy J. Kelly on 5/22/2019. (lctjk2) (Entered: 05/22/2019)
2019-05-24	36	MOTION for Summary Judgment and Supporting Memorandum by FEDERAL BUREAU OF PRISONS (Attachments: # 1 Statement of Facts, # 2 Declaration of Clinton Stroble, # 3 Exhibit Vaughn Index II)(Sroka, Scott) (Entered: 05/24/2019)
2019-05-24	37	ORDER advising Plaintiff to respond to Defendant's 36 Renewed Motion for Summary Judgment by June 28, 2019. See Order for details. Signed by Judge Timothy J. Kelly on 5/24/2019. (lctjk2) (Entered: 05/24/2019)
2019-06-10	38	MOTION for Extension of Time to File Response/Reply as to 36 MOTION for Summary Judgment and Supporting Memorandum by DMITRY PRONIN. (tth) (Main Document 38 replaced on 6/13/2019) (ztth). Added MOTION for Order on 6/13/2019 (tth). (Entered: 06/13/2019)
2019-06-13		MINUTE ORDER: It is hereby ORDERED that Defendant shall file its response, if any, to Plaintiff's 38 Motion for Extension of Time no later than June 17, 2019. Signed by Judge Timothy J. Kelly on 6/13/2019. (lctjk2) (Entered: 06/13/2019)
2019-06-20		MINUTE ORDER: In consideration of Plaintiff's 38 Motion for Extension of Time, and in light of Defendant's failure to respond, it is hereby ORDERED, for good cause shown, that Plaintiff's motion is GRANTED IN PART. Plaintiff's opposition to Defendant's 36 Motion for Summary Judgment is due no later than July 12, 2019. As for Plaintiff's 38 Motion for Order protecting him from future Court appearances, that motion is DENIED without prejudice. Because this is a FOIA case, the Court anticipates that the remaining issues will be resolved entirely on the parties' written submissions. In the event that circumstances change and the Court determines that a hearing is necessary, Plaintiff may renew his request at that time. Signed by Judge Timothy J. Kelly on 6/20/2019. (lctjk2) (Entered: 06/20/2019)
2019-07-18	39	Memorandum in opposition to re 36 MOTION for Summary Judgment and Supporting Memorandum filed by DMITRY PRONIN. (ztd) (Entered: 07/25/2019)
2020-02-10	40	NOTICE of Change of Address by DMITRY PRONIN (eg) (Entered: 02/14/2020)
2020-02-21	41	NOTICE OF SUBSTITUTION OF COUNSEL by April Denise Seabrook on behalf of All Defendants Substituting for attorney Scott Sroka (Seabrook, April) (Entered: 02/21/2020)
2020-03-12	42	Order granting Defendant's 36 Motion for Summary Judgment. The Clerk is directed to close the case. Signed by Judge Timothy J. Kelly on 3/12/20. (lctjk2) (Entered: 03/12/2020)
2020-03-12	43	Memorandum and Opinion in Support of Order Granting Defendant's 36 Motion for Summary Judgment. Signed by Judge Timothy J. Kelly on 3/12/20. (lctjk2) (Entered: 03/12/2020)
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