Skip to content

Case Detail

[Subscribe to updates]
Case TitleClevenger v. U.S. Department Of Justice et al
DistrictEastern District of New York
CityBrooklyn
Case Number1:2018cv01568
Date Filed2018-03-14
Date ClosedOpen
JudgeJudge William F. Kuntz, II
PlaintiffTy Clevenger
Case DescriptionTy Clevenger, an attorney, submitted FOIA requests to the Department of Justice and the FBI for records concerning Seth Rich, who was murdered in Washington DC in July 2016. The Executive Office for U.S. Attorneys told Clevenger it would not search for records without proof of Rich's death. Clevenger filed an administrative appeal with the Office of Information Policy, which reversed EOUSA's original denial. The FBI told Clevenger that it could find no records pertaining to Rich. Clevenger submitted a FOIA request to the National Security Agency for records concerning correspondence sent by the agency to Congress pertaining to Rich and others. The agency indicated it was processing Clevenger's request, but after hearing nothing further for the NSA, Clevenger filed suit against all the agencies.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Recovery of Costs

DefendantU.S. Department Of Justice
DefendantFederal Bureau of Investigation
DefendantNational Security Agency
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-03-141COMPLAINT against Ty Clevenger, filed by Ty Clevenger. (Attachments: # 1 Civil Cover Sheet) (Davis, Kimberly) (Entered: 03/16/2018)
2018-03-14FILING FEE: $ 400, receipt number 4653125728 (Davis, Kimberly) (Entered: 03/16/2018)
2018-03-142Summons Issued as to Federal Bureau of Investigation, National Security Agency, U.S. Department Of Justice, U.S. Attorney and U.S. Attorney General (Davis, Kimberly) (Entered: 03/16/2018)
2018-03-145MOTION for leave to allow Pro Se to Electronically File by Ty Clevenger. (Tavarez, Jennifer) (Entered: 03/19/2018)
2018-03-163In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) (Entered: 03/16/2018)
2018-03-164ORDER: Enclosed is a copy of the "Individual Practices of Magistrate Judge Lois Bloom." Plaintiff and defendants, alike, are required to follow these rules. Plaintiff is to provide a copy of this Order and the enclosed rules to defendants along with the summonses and complaint. Accordingly, if service is not made upon the defendants by 6/12/2018, or if plaintiff fails to show good cause why such service has not been effected by that date, it will be recommended that the Court should dismiss this action without prejudice. Plaintiff may choose to receive electronic notification of court issued filings in this civil case. If plaintiff is eligible and wishes to receive electronic notification of court issued documents, plaintiff should complete the attached Registration and Consent form and return the form to the Court. SO ORDERED by Magistrate Judge Lois Bloom, on 3/16/2018. C/mailed w/Attachments: # 1 Individual Practices of Magistrate Judge Lois Bloom, # 2 Instruction for Pro Se Registration and Consent for Electronic Service of Orders and Notices Issued by the Court in Civil Cases, # 3 Pro Se Registration and Consent Form. ( Service upon Defendants due by 6/12/2018.) (Latka-Mucha, Wieslawa) (Entered: 03/16/2018)
2018-03-19ORDER denying 5 Motion for Leave to Allow Pro Se to Electronically File. So Ordered by Judge William F. Kuntz, II on 3/19/2018. (Choudhury, Farhana) (Entered: 03/19/2018)
2018-04-116Letter MOTION for Extension of Time to File Answer on behalf of all Defendants - on consent by U.S. Department Of Justice. (Mahoney, Kathleen) (Entered: 04/11/2018)
2018-04-11ORDER granting 6 Motion for Extension of Time to Answer All Parties. So Ordered by Judge William F. Kuntz, II on 4/11/2018. (Kuntz, William) (Entered: 04/11/2018)
2018-05-167ANSWER to 1 Complaint with Declaration of Service by All Defendants. (Mahoney, Kathleen) (Entered: 05/16/2018)
2018-05-188SCHEDULING ORDER: The Court shall hold an initial conference on 6/20/2018 at 12:00 p.m. in Courtroom 11A South of the United States Courthouse. As pro se plaintiff represents that he is an attorney, he shall immediately register to use the Electronic Case Filing (ECF) system. All attorneys are required to file their submissions electronically. SO ORDERED by Magistrate Judge Lois Bloom, on 5/17/2018. C/mailed. (Latka-Mucha, Wieslawa) (Entered: 05/18/2018)
2018-06-069MOTION to Amend/Correct/Supplement 1 Complaint Proposed Amended Complaint by Ty Clevenger. (Tavarez, Jennifer) (Entered: 06/07/2018)
2018-06-0610Pro Se Consent to Electronic Notification by Ty Clevenger. (Tavarez, Jennifer) (Entered: 06/07/2018)
2018-06-06Email Notification Test - DO NOT REPLY. (Tavarez, Jennifer) (Entered: 06/07/2018)
2018-06-1211Letter MOTION to Adjourn Conference (1) Extension of Time to File (a) Answer or Respond to First Amended Complaint and (b) Rule 26(f) Meeting Report; and (2) Request for Adjournment of conference scheduled for June 20, 2018 by U.S. Department Of Justice. (Mahoney, Kathleen) Modified. (Latka-Mucha, Wieslawa) (Entered: 06/12/2018)
2018-06-1212ORDER: By 11 letter-motion dated 6/12/2018, defendants request that the Court grant an extension of time for defendants to respond to the 9 First Amended Complaint, and adjourn the 6/20/2018 initial conference to a date after 7/13/2018. The requests are granted. Defendants shall respond to the First Amended Complaint by 7/11/2018. The Court shall hold an initial conference on 7/17/2018 at 11:30 a.m. in Courtroom 11A South. The parties shall exchange their Rule 26(a)(1) initial disclosures and file their Rule 26(f) Meeting Report with the Court by 7/12/2018. SO ORDERED by Magistrate Judge Lois Bloom, on 6/12/2018. (Initial Conference re-set for 7/17/2018 at 11:30 a.m. in Courtroom 11A South before Magistrate Judge Lois Bloom. Plaintiff's 9 Motion to Amend terminated. Defendants' Answer due by 7/11/2018. Parties' Rule 26(a)(1) initial disclosures and Rule 26(f) Meeting Report due by 7/12/2018.) Electronic notice to pro se Plaintiff via e-mail . (Latka-Mucha, Wieslawa) (Entered: 06/13/2018)
2018-07-1113ANSWER to Complaint Answer to First Amended Complaint with Declaration of Service by All Defendants. (Mahoney, Kathleen) (Entered: 07/11/2018)
2018-07-1214Letter to Honorable Lois Bloom on behalf of the parties regarding Rule 26(f) Meeting Report by U.S. Department Of Justice (Mahoney, Kathleen) (Entered: 07/12/2018)
2018-07-17Minute Entry for proceedings held before Magistrate Judge Lois Bloom:Initial Conference Hearing held on 7/17/2018 (FTR Log #11:28-11:30; 1:05-1:26.) (DeAtley, Tavish) (Entered: 07/17/2018)
2018-07-17SCHEDULING ORDER: The Court held an initial conference in this matter on July 17, 2018. As discussed on the record, the parties are encouraged to discuss plaintiff's outstanding FOIA requests. The Court shall hold a telephone status conference on August 23, 2018 at 11:00 a.m. After establishing contact with defendants' counsel, plaintiff's counsel shall telephone the Court at 718-613-2170. Parties are advised that they must contact each other before making any request for an adjournment to the Court. Any request for an adjournment must be received in writing at least forty-eight (48) hours before the scheduled conference. Ordered by Magistrate Judge Lois Bloom on 7/17/2018. (DeAtley, Tavish) (Entered: 07/17/2018)
2018-08-2215Letter to Honorable Lois Bloom in advance of conference summarizing status of Plaintiff's FOIA requests by U.S. Department Of Justice (Mahoney, Kathleen) (Entered: 08/22/2018)
2018-08-23Minute Entry for proceedings held before Magistrate Judge Lois Bloom:Telephone Conference held on 8/23/2018. (FTR Log #11:15-11:37.) (Burks, Jory) (Entered: 08/23/2018)
2018-08-23SCHEDULING ORDER: The Court held a telephone status conference in this FOIA action on August 23, 2018. As discussed on the record, the government is reviewing documents and shall make documents available to plaintiff on a rolling basis. The parties shall file a status report by October 9, 2018. The Court will hold a telephone status conference on October 11, 2018 at 10:00 a.m. After establishing contact with defendant's counsel, plaintiff's counsel shall contact the Court at (718) 613-2170. Ordered by Magistrate Judge Lois Bloom on 8/23/2018. (Burks, Jory) (Entered: 08/23/2018)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar