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Case TitleKOWAL v. UNITED STATES DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00938
Date Filed2018-04-20
Date ClosedOpen
JudgeJudge Timothy J. Kelly
PlaintiffBARBARA KOWAL
Case DescriptionBarbara Kowal, a paralegal in the Office of the Federal Defender for the Middle District of Florida, submitted a FOIA request to DEA for records concerning the conviction of Daniel Troya, who received the death sentence for two charges and was now being represented by the Federal Defender's Office on appeal. The agency acknowledged receipt of the request. The DEA denied access to records concerning Troya's co-defendants, charged Kowal $400 in fees for other records, and disclosed some records. Kowal filed an administrative appeal, which was denied. Kowal then filed suit.
Complaint issues: Adequacy - Search, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF JUSTICE
950 Pennsylvania Avenue NW
Washington, DC 20530
DefendantUNITED STATES DEPARTMENT OF JUSTICE
DefendantDRUG ENFORCEMENT AGENCY
8710 Morrissette Drive
Springfield, VA 22152
DefendantDRUG ENFORCEMENT AGENCY Freedom of Information Request/PA Unit
DefendantMICHAEL R. CHAVIS
DefendantMICHAEL R. CHAVIS
TERMINATED: 11/13/2018
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-04-201COMPLAINT against ALL DEFENDANTS (Fee Status:Filing Fee Waived) filed by BARBARA KOWAL. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Summons, # 13 Summons, # 14 Civil Cover Sheet)(Doss, Donald) (Attachment 14 replaced on 4/23/2018) (zmd). (Entered: 04/20/2018)
2018-04-20Case Assigned to Judge Timothy J. Kelly. (zmd) (Entered: 04/23/2018)
2018-04-242SUMMONS (2) Issued Electronically as to DRUG ENFORCEMENT AGENCY, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Notice and Consent) (zmd) (Entered: 04/24/2018)
2018-04-24SUMMONS Not Issued as to U.S. Attorney, U.S. Attorney General. (zmd) (Entered: 04/24/2018)
2018-05-15MINUTE ORDER: It has come to the Court's attention that Plaintiff has not paid the required filing fee to the Clerk of Court. It is hereby ORDERED that Plaintiff shall, by May 22, 2018, either pay the filing fee or submit an application explaining why the fee should be waived. Signed by Judge Timothy J. Kelly on 5/15/2018. (lctjk2) (Entered: 05/15/2018)
2018-05-153MOTION Waive Filing Fee by BARBARA KOWAL (Doss, Donald) (Entered: 05/15/2018)
2018-05-25ORDER granting Plaintiff's 3 Motion to Waive Filing Fee. It is hereby ORDERED that the motion is GRANTED. The Clerk of Court is directed to waive the filing fee in this action. Signed by Judge Timothy J. Kelly on 5/25/2018. (lctjk2) (Entered: 05/25/2018)
2018-07-174SUMMONS (4) Issued as to DRUG ENFORCEMENT AGENCY, UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General. (ztl) (Entered: 07/17/2018)
2018-07-236RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/20/2018. Answer due for ALL FEDERAL DEFENDANTS by 8/19/2018. (tth) (Entered: 07/24/2018)
2018-07-245ORDER. In order to avoid a mandatory dismissal of this action, on or before August 31, 2018, Plaintiff shall either (1) cause process to be served upon Defendants and file proof of service with the Court, or (2) file a motion to enlarge time to serve process and show good cause, if any, for failure to serve process in a timely fashion. See Order for details. Signed by Judge Timothy J. Kelly on 7/24/2018. (lctjk2) (Entered: 07/24/2018)
2018-07-257RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DRUG ENFORCEMENT AGENCY served on 7/25/2018. (tth) (Entered: 07/26/2018)
2018-07-308RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/30/2018. RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 7/30/2018. (tth) (Entered: 07/31/2018)
2018-08-109NOTICE of Appearance by Denise M. Clark on behalf of All Defendants (Clark, Denise) (Entered: 08/10/2018)
2018-08-1010Unopposed MOTION for Extension of Time to Respond to Complaint by DRUG ENFORCEMENT AGENCY, UNITED STATES DEPARTMENT OF JUSTICE (Clark, Denise) (Entered: 08/10/2018)
2018-08-13MINUTE ORDER granting Defendants' 10 Motion for Extension of Time. It is hereby ORDERED, for good cause shown, that Defendants' motion is GRANTED. Defendants shall answer or otherwise respond to the complaint by October 19, 2018. Signed by Judge Timothy J. Kelly on 8/13/2018. (lctjk2) (Entered: 08/13/2018)
2018-09-2011NOTICE of Appearance by Stephen Michael Kissinger on behalf of MICHAEL R. CHAVIS (Kissinger, Stephen) (Entered: 09/20/2018)
2018-09-2012MOTION to Intervene by MICHAEL R. CHAVIS (Attachments: # 1 Attachment A: FOIA letter to DEA dated Sept. 11, 2018, # 2 Text of Proposed Order Attachment B: Proposed Order)(Kissinger, Stephen) (Entered: 09/20/2018)
2018-10-0413Memorandum in opposition to re 12 MOTION to Intervene filed by DRUG ENFORCEMENT AGENCY, UNITED STATES DEPARTMENT OF JUSTICE. (Clark, Denise) (Entered: 10/04/2018)
2018-10-1114REPLY to opposition to motion re 12 MOTION to Intervene filed by MICHAEL R. CHAVIS. (Attachments: # 1 Exhibit DOJ response letter)(Kissinger, Stephen) (Entered: 10/11/2018)
2018-10-1915ANSWER to Complaint by DRUG ENFORCEMENT AGENCY, UNITED STATES DEPARTMENT OF JUSTICE.(Clark, Denise) (Entered: 10/19/2018)
2018-10-19MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall meet, confer, and file a joint proposed schedule for briefing or disclosure by November 9, 2018. Signed by Judge Timothy J. Kelly on 10/19/2018. (lctjk2) (Entered: 10/19/2018)
2018-11-0916Joint STATUS REPORT by MICHAEL R. CHAVIS, DRUG ENFORCEMENT AGENCY, UNITED STATES DEPARTMENT OF JUSTICE. (Clark, Denise) (Entered: 11/09/2018)
2018-11-09MINUTE ORDER: In light of the parties' 16 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report, including, if necessary, a proposed briefing schedule, by January 11, 2019. Signed by Judge Timothy J. Kelly on 11/9/2018. (lctjk2) (Entered: 11/09/2018)
2018-11-13MINUTE ORDER denying without prejudice Movant's 12 Motion to Intervene. It is hereby ORDERED that Movant Michael Chavis's motion to intervene is DENIED WITHOUT PREJUDICE for failure to include an accompanying pleading as required by Fed. R. Civ. P. 24(c) and LCvR 7(j). Should Movant decide to file a renewed motion to intervene, that motion, in addition to complying with the applicable procedural requirements, shall address the following: (1) whether and how Movant has exhausted his administrative remedies under FOIA such that he may maintain a FOIA cause of action in this Court, and whether such exhaustion is necessary for him to intervene; (2) the effect, if any, of Nuesse v. Camp , 385 F.2d 694 (D.C. Cir. 1967) and its progeny on his right to intervene; and (3) whether Movant's interests in this action would adequately be served by participating as an amicus curiae. Signed by Judge Timothy J. Kelly on 11/13/2018. (lctjk2) (Entered: 11/13/2018)
2019-01-1017Unopposed MOTION to Stay in Light of Lapse in Appropriations by DRUG ENFORCEMENT AGENCY, UNITED STATES DEPARTMENT OF JUSTICE (Clark, Denise) (Entered: 01/10/2019)
2019-01-10MINUTE ORDER: It is hereby ORDERED that the deadline set forth in the Court's Minute Order of November 9, 2018, to submit a joint status report, including, if necessary, a proposed briefing schedule, is extended to February 7, 2019. Signed by Judge Timothy J. Kelly on 1/10/2019. (lctjk2) (Entered: 01/10/2019)
2019-01-29MINUTE ORDER denying Defendants' 17 Unopposed Motion to Stay. In light of the restoration of funds to the Department of Justice, it is hereby ORDERED that Defendants' motion is DENIED AS MOOT. Signed by Judge Timothy J. Kelly on 1/29/2019. (lctjk2) (Entered: 01/29/2019)
2019-02-0718Joint STATUS REPORT by DRUG ENFORCEMENT AGENCY, UNITED STATES DEPARTMENT OF JUSTICE. (Clark, Denise) (Entered: 02/07/2019)
2019-02-08MINUTE ORDER: In light of the parties' 18 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report, including, if necessary, a proposed briefing schedule, by April 8, 2019. Signed by Judge Timothy J. Kelly on 2/8/2019. (lctjk2) (Entered: 02/08/2019)
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