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Case TitleKOWAL v. UNITED STATES DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv02798
Date Filed2018-11-30
Date ClosedOpen
JudgeJudge Timothy J. Kelly
PlaintiffBARBARA KOWAL
Case DescriptionBarbara Kowal, a paralegal in the Federal Public Defender's Office for the Middle District of Florida, submitted FOIA requests to the Department of Justice and various components for records concerning the conviction of Daniel Troya, who had been represented by the Federal Public Defender's Office for the Middle District of Florida. The agencies acknowledged receipt of the request. The FBI located 416 pages, releasing 134 pages in full and withholding 141 pages entirely under Exemption 7 (law enforcement records). The Bureau of Alcohol, Tobacco, and Firearms also disclosed records, withholding some under Exemption 7 as well. Kowal filed an administrative appeal of the FBI's decision, which was denied. She also inquired as to whether ATF's disclosure was a final appealable decision. After hearing nothing further from the agencies, Kowal filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF JUSTICE
DefendantBUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES
DefendantFEDERAL BUREAU OF INVESTIGATION
935 Pennsylvania Ave., NW
Washington, DC 20535
DefendantFEDERAL BUREAU OF INVESTIGATION
DefendantDRUG ENFORCEMENT AGENCY
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
Complaint attachment 15
Complaint attachment 16
Complaint attachment 17
Complaint attachment 18
Complaint attachment 19
Complaint attachment 20
Complaint attachment 21
Complaint attachment 22
Complaint attachment 23
Complaint attachment 24
Complaint attachment 25
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-11-301COMPLAINT for Injunctive and Declaratory Relief 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 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Civil Cover Sheet, # 22 Summons ATF, # 23 Summons DEA, # 24 Summons DOJ, # 25 Summons FBI)(Doss, Donald) (Entered: 11/30/2018)
2018-11-302NOTICE OF RELATED CASE by BARBARA KOWAL. Case related to Case No. 18-938. (Doss, Donald) (Entered: 11/30/2018)
2018-11-303MOTION for Waiver of Filing Fee by BARBARA KOWAL (Doss, Donald) (Entered: 11/30/2018)
2018-12-064ERRATA by BARBARA KOWAL. (Attachments: # 1 Supplement Complaint)(Doss, Donald) (Entered: 12/06/2018)
2018-12-06Case Assigned to Judge Timothy J. Kelly. (zsb) (Entered: 12/06/2018)
2018-12-065SUMMONS (4) Issued Electronically as to BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DRUG ENFORCEMENT AGENCY, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Attachment: # 1 Notice and Consent)(zsb) (Entered: 12/06/2018)
2018-12-11MINUTE ORDER granting Plaintiff's 3 Motion to Waive Filing Fee. It is hereby ORDERED that Plaintiff's motion is GRANTED. The Clerk of Court is directed to waive the filing fee in this action, and the U.S. Marshals Service is directed to effect service on Defendants on Plaintiff's behalf. Signed by Judge Timothy J. Kelly on 12/11/2018. (lctjk2) (Entered: 12/11/2018)
2018-12-115SUMMONS (6) Issued as to BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DRUG ENFORCEMENT AGENCY, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (zsb) (Entered: 12/12/2018)
2019-01-086RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 1/3/2019. (tth) (Entered: 01/15/2019)
2019-01-287NOTICE of Appearance by Scott Leeson Sroka on behalf of All Defendants (Sroka, Scott) (Entered: 01/28/2019)
2019-02-078Consent MOTION for Extension of Time to File Answer by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DRUG ENFORCEMENT AGENCY, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE (Sroka, Scott) (Entered: 02/07/2019)
2019-02-07MINUTE ORDER granting Defendants' 8 Consent Motion for Extension of Time. It is hereby ORDERED that Defendants' motion is GRANTED. Defendants shall answer or otherwise respond to Plaintiff's 1 Complaint by April 8, 2019. Signed by Judge Timothy J. Kelly on 2/7/2019. (lctjk2) (Entered: 02/07/2019)
2019-02-229RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES served on 2/7/2019; FEDERAL BUREAU OF INVESTIGATION served on 2/7/2019. (tth) (Entered: 02/27/2019)
2019-04-0810ANSWER to Complaint by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DRUG ENFORCEMENT AGENCY, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE.(Sroka, Scott) (Entered: 04/08/2019)
2019-04-09MINUTE 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 May 6, 2019. Signed by Judge Timothy J. Kelly on 4/9/2019. (lctjk2) (Entered: 04/09/2019)
2019-04-09Set/Reset Deadlines: Joint Proposed Briefing Schedule or Disclosure due by 5/6/2019. (kh) (Entered: 04/09/2019)
2019-05-0611PROPOSED BRIEFING SCHEDULE by BARBARA KOWAL. (Doss, Donald) (Entered: 05/06/2019)
2019-05-0612STATUS REPORT by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DRUG ENFORCEMENT AGENCY, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Sroka, Scott) (Entered: 05/06/2019)
2019-05-07MINUTE ORDER: In light of the parties' separate status reports, it is hereby ORDERED that the parties shall meet and confer and, after discussing their respective positions as to how best to move forward, file a joint status report in which they propose a mutually agreed-upon schedule for further proceedings or, if agreement cannot be reached, their respective proposals, no later than May 20, 2019. The Court is particularly troubled by Plaintiff's counsel's representation that counsel for Defendants failed to respond to multiple attempts to contact him. Accordingly, Defendants' counsel shall specifically address in that status report why he neglected to respond to Plaintiff's counsel and was otherwise unable to comply with the Court's order and confer with Plaintiff's counsel during the nearly four weeks the Court afforded the parties to do so. Signed by Judge Timothy J. Kelly on 5/7/2019. (lctjk2) (Entered: 05/07/2019)
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by FOIA Project Staff
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