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Case TitlePickering v. U.S. Department of Justice et al
DistrictWestern District of New York
CityBuffalo
Case Number1:2019cv00417
Date Filed2019-03-31
Date ClosedOpen
JudgeHon. Richard J. Arcara
PlaintiffLeslie James Pickering
Case DescriptionLeslie Pickering submitted FOIA requests to the FBI, the Bureau of Alcohol, Tobacco and Firearms, and the Department of Homeland Security for records concerning Scott Crow. The agencies acknowledged receipt of the requests. The BATF and the FBI told Pickering that it found no records. Pickering filed administrative appeals of those decisions. The Office of Information Policy denied Pickering appeals. Pickering filed an administrative appeal with DHS after it failed to respond. After hearing nothing further from DHS, Pickering filed suit against both agencies.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. Department of Justice
DefendantU.S. Department of Homeland Security
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-03-311COMPLAINT against All Defendants $ 400 receipt number 0209-3405676, filed by Leslie James Pickering. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons)(Kuzma, Michael) (Entered: 03/31/2019)
2019-04-01Case assigned to Hon. Richard J. Arcara. Notification to Chambers of on-line civil case opening. (SG) (Entered: 04/01/2019)
2019-04-01Notice 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. (SG) (Entered: 04/01/2019)
2019-04-01AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution(SG) (Entered: 04/01/2019)
2019-04-012Summons Issued as to U.S. Department of Homeland Security, U.S. Department of Justice (Attachments: # 1 summons issued) (SG) (Entered: 04/01/2019)
2019-04-193AFFIDAVIT of Service for Summons and Complaint served on Mark Witzleben, United States Attorney's Office, on April 12, 2019, filed by Leslie James Pickering. (Kuzma, Michael) (Entered: 04/19/2019)
2019-04-194AFFIDAVIT of Service for Summons and Complaint served on U. S. Department of Homeland Security on April 12, 2019, filed by Leslie James Pickering. (Kuzma, Michael) (Entered: 04/19/2019)
2019-07-045AFFIDAVIT of Service for Summons and Complaint on U. S. Department of Justice served on Mark Witzleben, United States Attorney's Office, on June 18, 2019, filed by Leslie James Pickering. (Kuzma, Michael) (Entered: 07/04/2019)
2019-07-256AFFIDAVIT of Service for Summons and Complaint on U. S. Department of Justice on July 23, 2019, filed by Leslie James Pickering. (Kuzma, Michael) (Entered: 07/25/2019)
2019-08-157ANSWER to 1 Complaint by U.S. Department of Justice, U.S. Department of Homeland Security.(Cerrone, Michael) Modified on 8/16/2019 to add filer (SG). (Entered: 08/15/2019)
2019-08-16E-Filing Notification: 7 ANSWER to 1 Complaint Modified on 8/16/2019 to add filer U.S. Department of Homeland Security (SG). (SG) (Entered: 08/16/2019)
2019-08-16ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution .(SG) (Entered: 08/16/2019)
2019-08-198TEXT 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 8/19/2019. (LAS) (Entered: 08/19/2019)
2019-08-279ORDER. Scheduling Conference set for 10/1/2019 11:30 AM before Hon. Leslie G. Foschio. Signed by Hon. Leslie G. Foschio on 8/27/2019. (SDW) (Entered: 08/28/2019)
2019-10-0110Minute Entry for proceedings held before Hon. Leslie G. Foschio: Scheduling Conference held on 10/1/2019. Case management order discussed, same to be filed by the court. Appearances: Michael Kuzma, Esq. w/ Plaintiff / Dft: AUSA Michael Cerrone (Court Reporter FTR Gold.) (SDW) (Entered: 10/01/2019)
2019-10-0111SCHEDULING 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 10/31/2019. Dispositive Motions due by 4/30/2020. Signed by Hon. Leslie G. Foschio on 10/1/2019. (SDW) (Entered: 10/02/2019)
2020-03-2312MOTION for Extension of Time to File Extending the Deadlines Contained in the Scheduling Order by U.S. Department of Homeland Security, U.S. Department of Justice. (Attachments: # 1 Declaration with Ex. A)(Cerrone, Michael) (Entered: 03/23/2020)
2020-03-2513TEXT ORDER granting 12 Motion for Extension of Time to File. First Amended Scheduling Order shall be filed separately. Issued by Hon. Leslie G. Foschio on 3/25/2020. (SDW) (Entered: 03/25/2020)
2020-03-2514FIRST 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.) Defendants shall file its Vaughn filing on or before 6/29/2020. Dispositive Motions due by 6/29/2020. Signed by Hon. Leslie G. Foschio on 3/25/2020. (SDW) (Entered: 03/25/2020)
2020-05-1515MOTION for Extension of Time to File Dispositive Motions by U.S. Department of Homeland Security, U.S. Department of Justice.(Cerrone, Michael) (Entered: 05/15/2020)
2020-05-1516DECLARATION signed by Michael S. Cerrone re 15 MOTION for Extension of Time to File Dispositive Motions filed by U.S. Department of Homeland Security, U.S. Department of Justice . (Attachments: # 1 Attachment)(Cerrone, Michael) (Entered: 05/15/2020)
2020-05-1817TEXT ORDER granting 15 Motion for Extension of Time to File. Second Amended Scheduling Order shall be filed separately. Issued by Hon. Leslie G. Foschio on 5/18/2020. (SDW) (Entered: 05/18/2020)
2020-05-1818SECOND 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.) Defendants shall file its Vaughn filing, whether in declaration format or otherwise, on or before 9/30/2020. Dispositive Motions due by 9/30/2020. Signed by Hon. Leslie G. Foschio on 5/18/2020. (SDW) (Entered: 05/18/2020)
2020-05-2819AFFIDAVIT of Michael Kuzma by Leslie James Pickering. (Kuzma, Michael) (Entered: 05/28/2020)
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by FOIA Project Staff
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