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Case TitlePickering v. U. S. Department of Justice
DistrictWestern District of New York
CityBuffalo
Case Number1:2019cv00001
Date Filed2019-01-01
Date Closed2021-12-08
JudgeHon. Leslie G. Foschio
PlaintiffLeslie James Pickering
Case DescriptionLeslie Pickering submitted a FOIA request to the FBI for records concerning Native American activist Leonard Peltier. The agency acknowledged receipt of the request, but after hearing nothing further, Pickering filed an appeal with the Office of Information Policy. OIP upheld the FBI's inaction, but the FBI then notified Pickering that it had 6,020 responsive pages that could be disclosed on CDs at a cost of $190. Pickering expressed his willingness to pay the fee. The agency told him that it responded to requests on a first-in, first-out basis and that his request would be processed in turn. Pickering filed another administrative appeal, but after hearing nothing further from the agency, Pickering filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU. S. Department of Justice
Documents
Docket
Complaint
Opinion/Order [29]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-01-011COMPLAINT against U.S. Department of Justice $ 400 receipt number 0209-3319033, filed by Leslie James Pickering.(Kuzma, Michael) Modified on 1/2/2019 to correct party, complaint will be refiled for statistical purposes only (SG). (Entered: 01/01/2019)
2019-01-02E-Filing Notification: 1 COMPLAINT will be refiled for statistical purposes only. (SG) (Entered: 01/02/2019)
2019-01-022COMPLAINT against U. S. Department of Justice, filed by Leslie James Pickering.(Kuzma, Michael) (Entered: 01/02/2019)
2019-01-02E-Filing Notification regarding 2 COMPLAINT; Attorney is directed to file a completed Civil Cover Sheet pursuant to LR 3. No judge assignment will be made until filing is entered on the docket. Please utilize the Continuation of Exhibits event located within the Responses and Replies category. (NRE) (Entered: 01/02/2019)
2019-01-033CONTINUATION OF EXHIBITS by Leslie James Pickering. to 2 Complaint Civil Cover Sheet filed by Leslie James Pickering. (Kuzma, Michael) (Entered: 01/03/2019)
2019-01-04Case Assigned to Hon. Richard J. Arcara. Notification to Chambers of on-line civil case opening. (NRE) (Entered: 01/04/2019)
2019-01-04AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution(NRE) (Entered: 01/04/2019)
2019-01-04Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (NRE) (Entered: 01/04/2019)
2019-03-044Original Summons Filed. (Kuzma, Michael) (Entered: 03/04/2019)
2019-03-055Summons Issued as to U. S. Department of Justice. (NRE) (Entered: 03/05/2019)
2019-03-186AFFIDAVIT of Service for Summons and Complaint served on Mark Witzleben on March 11, 2019, filed by Leslie James Pickering. (Kuzma, Michael) (Entered: 03/18/2019)
2019-04-117ANSWER to Complaint by U. S. Department of Justice.(Cerrone, Michael) (Entered: 04/11/2019)
2019-04-12ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution.(NRE) (Entered: 04/12/2019)
2019-04-128TEXT ORDER REFERRING CASE to Magistrate Judge Hon. Leslie G. Foschio. The Magistrate Judge is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. Section 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. Section 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. Section 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Hon. Richard J. Arcara on 4/12/2019. (LAS) (Entered: 04/12/2019)
2019-04-229ORDER. Scheduling Conference set for 5/30/2019 11:00 AM before Hon. Leslie G. Foschio. Signed by Hon. Leslie G. Foschio on 4/22/2019. (SDW) (Entered: 04/22/2019)
2019-05-2110MOTION to Adjourn Rule 16 conference by U. S. Department of Justice. (Attachments: # 1 Declaration)(Cerrone, Michael) (Entered: 05/21/2019)
2019-05-2111TEXT ORDER granting 10 Motion to Adjourn. Scheduling Conference adjourned to 6/25/2019 at 3:30 p.m. Issued by Hon. Leslie G. Foschio on 5/21/2019. (SDW) (Entered: 05/21/2019)
2019-05-21Set/Reset Hearings: Scheduling Conference set for 6/25/2019 03:30 PM before Hon. Leslie G. Foschio. (SDW) (Entered: 05/21/2019)
2019-06-0712MOTION to Adjourn Rule 16 Conference by U. S. Department of Justice.(Cerrone, Michael) (Entered: 06/07/2019)
2019-06-0713DECLARATION signed by Michael S. Cerrone re 12 MOTION to Adjourn Rule 16 Conference filed by U. S. Department of Justice . (Cerrone, Michael) (Entered: 06/07/2019)
2019-06-1014TEXT ORDER granting 12 Motion to Adjourn of Scheduling Conference. Scheduling Conference scheduled for 6/25/2019 adjourned to 7/30/2019 at 11:00 a.m. Issued by Hon. Leslie G. Foschio on 6/10/2019. (SDW) (Entered: 06/10/2019)
2019-06-10Set/Reset Hearings: Scheduling Conference set for 7/30/2019 11:00 AM before Hon. Leslie G. Foschio, adjourned from 6/25/2019 at Deft's request with consent by Plaintiff. (SDW) (Entered: 06/10/2019)
2019-07-3016Minute Entry for proceedings held before Hon. Leslie G. Foschio: Scheduling Conference held on 7/30/2019. Case management order discussed, same to be filed by the court. Appearances: Pltf: Michael Kuzman, Esq. w/ Plaintiff, Dft: AUSA Michael Cerrone. (Court Reporter FTR Gold.) (SDW) (Entered: 07/30/2019)
2019-07-3117SCHEDULING ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Motions to Join Parties/Amend Pleadings due by 9/30/2019. Defendant shall release non-exempt documents by 11/30/2020. Plaintiff shall identify challenges by 12/15/2020. Defendant Vaughn filing due 2/28/2021. Dispositive Motions due by 2/28/2021. Signed by Hon. Leslie G. Foschio on 7/31/2019. (SDW) (Entered: 07/31/2019)
2019-08-1618CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Hon. Leslie G. Foschio. (KM) (Entered: 08/16/2019)
2020-12-1419AFFIDAVIT of Michael Kuzma by Leslie James Pickering. (Kuzma, Michael) (Entered: 12/14/2020)
2021-02-0420MOTION for Extension of Time to Complete Discovery by U. S. Department of Justice.(Cerrone, Michael) (Entered: 02/04/2021)
2021-02-0421TEXT ORDER granting 20 Motion for Extension of Time to Complete Discovery. First Amended Scheduling Order to be filed separately. Issued by Hon. Leslie G. Foschio on 2/4/2021. (SDW) (Entered: 02/04/2021)
2021-02-0422FIRST AMENDED SCHEDULING ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Vaughn filing by 4/30/2021. Dispositive Motions due by 4/30/2021.. Signed by Hon. Leslie G. Foschio on 2/4/2021. (SDW) (Entered: 02/04/2021)
2021-04-3023MOTION for Summary Judgment by U. S. Department of Justice. (Attachments: # 1 Declaration of Michael Seidel, # 2 Statement of Undisputed Facts, # 3 Memorandum in Support)(Cerrone, Michael) (Entered: 04/30/2021)
2021-05-0324TEXT ORDER re 23 MOTION for Summary Judgment filed by U. S. Department of Justice. Responses due by 6/2/2021. Replies due by 6/17/2021. Oral argument at the discretion of the court. Issued by Hon. Leslie G. Foschio on 5/3/2021. (SDW) (Entered: 05/03/2021)
2021-06-0225MEMORANDUM in Opposition re 23 MOTION for Summary Judgment filed by Leslie James Pickering. (Attachments: # 1 Affidavit Michael Kuzma, # 2 Statement of Undisputed Facts)(Kuzma, Michael) (Entered: 06/02/2021)
2021-06-0826MOTION for Extension of Time to File Response/Reply (to file Reply Brief in Further Support of Defendant's Motion for Summary Judgment by U. S. Department of Justice.(Cerrone, Michael) (Entered: 06/08/2021)
2021-06-0827TEXT ORDER granting 26 Motion for Extension of Time to File Response/Reply re 23 MOTION for Summary Judgment. Defendant's Reply Brief due by 8/13/2021. Issued by Hon. Leslie G. Foschio on 6/8/2021. (SDW) (Entered: 06/08/2021)
2021-08-1328REPLY/RESPONSE to re 25 Memorandum in Opposition to Motion (Defendant's Reply Memorandum of Law) filed by U. S. Department of Justice. (Attachments: # 1 Declaration of Michael G. Seidel)(Cerrone, Michael) (Entered: 08/13/2021)
2021-12-0729DECISION and ORDER granting 23 Defendant's Motion for Summary Judgment. The Clerk of Court is directed to close the file. SO ORDERED. Signed by Hon. Leslie G. Foschio on 12/7/2021. (TAH) -CLERK TO FOLLOW UP- (Entered: 12/07/2021)
2021-12-0830JUDGMENT in favor of U. S. Department of Justice against Leslie James Pickering. Signed by Mary C. Loewenguth, Clerk of Court on 12/8/2021. (CGJ) (Entered: 12/08/2021)
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