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Case TitleCARDONA v. DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv01783
Date Filed2019-06-17
Date Closed2021-09-22
JudgeJudge Emmet G. Sullivan
PlaintiffROBERTO ANGEL CARDONA
Case DescriptionRoberto Cardona submitted three FOIA requests to the FBI and the Executive Office for U.S. Attorneys for records concerning the agency's investigation of racketeering and drug distribution charges against him. The agencies acknowledged receipt of the requests but failed to respond. Cardona filed administrative appeals with the Office of Information Policy. However, after hearing nothing further from any of the agencies, Cardona filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index

DefendantDEPARTMENT OF JUSTICE
DefendantFEDERAL BUREAU OF INVESTIGATION
DefendantEXECUTIVE OFFICE OF UNITED STATES ATTORNEYS
DefendantOFFICE OF INFORMATION POLICY
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [25]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-06-17Initiating Pleading & IFP Application Received on 6/17/2019. A copy of the docket sheet has been mailed to the address of record for the pro se party. (zrdj) (Entered: 06/20/2019)
2019-06-171COMPLAINT against DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, OFFICE OF INFORMATION POLICY with Jury Demand filed by ROBERTO ANGEL CARDONA. (Attachments: # 1 Exhibit)(zrdj) (Entered: 06/20/2019)
2019-06-172MOTION for Leave to Proceed in forma pauperis by ROBERTO ANGEL CARDONA (zrdj) (Entered: 06/20/2019)
2019-06-173PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by ROBERTO ANGEL CARDONA (zrdj) (Entered: 06/20/2019)
2019-07-034ORDER directing an initial partial filing fee in the amount of $149.51 from Prison Account of Roberto Angel Cardona and granting MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Pro Se party has been notified by first class mail. Signed by Judge Amy Berman Jackson on 07/02/2019. (zmc) (Entered: 07/05/2019)
2019-07-05Case Assigned to Judge Emmet G. Sullivan. (zmc) (Entered: 07/05/2019)
2019-07-055SUMMONS (3) Issued as to DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (zmc) (Entered: 07/05/2019)
2019-07-086Summons (3) Issued as to EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, OFFICE OF INFORMATION POLICY. (zmc) (Entered: 07/08/2019)
2019-07-127STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 07/12/19. (Attachment: Exhibit 1) (mac) (Entered: 07/12/2019)
2019-07-198RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF JUSTICE served on 7/17/2019, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/17/2019., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/17/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 8/16/2019.) (jf) (Entered: 07/23/2019)
2019-07-249NOTICE of Appearance by Rhonda Lisa Campbell on behalf of All Defendants (Campbell, Rhonda) (Entered: 07/24/2019)
2019-07-3110RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 7/31/2019 (jf) (Entered: 08/05/2019)
2019-08-08Partial Filing Fee Received from ROBERTO ANGEL CARDONA in the amount of $149.51, receipt number: 4616100103. (zrdj) (Entered: 08/09/2019)
2019-08-12Partial Filing Fee Received from ROBERTO ANGEL CARDONA in the amount of $40.00, receipt number: 4616100162. (zrdj) (Entered: 08/13/2019)
2019-08-1611ANSWER to 1 Complaint by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, OFFICE OF INFORMATION POLICY.(Campbell, Rhonda) (Entered: 08/16/2019)
2019-09-23MINUTE ORDER: On August 16, 2019, Defendants filed an Answer in response to the complaint brought by a prisoner and raising claims under the Freedom of Information Act (FOIA). Subsection (b) of Local Civil Rule 16.3 exempts prisoner actions and FOIA actions from the requirements of that rule and the analogous Federal Rules of Civil Procedure. In light of the defenses set forth in the Answer, and the manner in which FOIA cases are typically resolved, a motion for summary judgment seems most appropriate. Accordingly, Defendant shall either propose a schedule or file a dispositive motion on or before October 11, 2019. SO ORDERED. Signed by Judge Emmet G. Sullivan on 9/23/19.(ah) (Entered: 09/23/2019)
2019-09-23Set/Reset Deadlines: Defendant Proposed Schedule Or Dispositive Motion due by 10/11/2019. (mac) (Entered: 09/23/2019)
2019-10-1112STATUS REPORT by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, OFFICE OF INFORMATION POLICY. (Campbell, Rhonda) (Entered: 10/11/2019)
2019-11-04MINUTE ORDER: In view of Defendants' Status Report regarding the production of records in this FOIA case, Defendants shall file another status report showing further progress and, if feasible, proposing a schedule to govern these proceedings to conclusion on or before November 15, 2019. SO ORDERED. Signed by Judge Emmet G. Sullivan on 11/4/19.(ah) (Entered: 11/04/2019)
2019-11-04Set/Reset Deadlines: Defendants Status Report due by 11/15/2019. (mac) (Entered: 11/04/2019)
2019-11-1413STATUS REPORT by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, OFFICE OF INFORMATION POLICY. (Campbell, Rhonda) (Entered: 11/14/2019)
2019-12-02MINUTE ORDER: In view of Defendants' Status Report and proposed deadline regarding the production of records in this FOIA case, Defendants shall file another status report showing further progress and, if feasible, proposing a schedule to govern these proceedings to conclusion on or before January 16, 2020. SO ORDERED. Signed by Judge Emmet G. Sullivan on 12/2/19.(ah) (Entered: 12/02/2019)
2019-12-02Set/Reset Deadlines: Defendants Status Report due by 1/16/2020. (mac) (Entered: 12/02/2019)
2020-01-1614STATUS REPORT by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, OFFICE OF INFORMATION POLICY. (Campbell, Rhonda) (Entered: 01/16/2020)
2020-03-3015STATUS REPORT by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Exhibit)(Campbell, Rhonda) (Entered: 03/30/2020)
2020-03-31MINUTE ORDER. In view of 15 the defendants' status report, the defendants are directed to file a further joint status report by no later than May 30, 2020. Signed by Judge Emmet G. Sullivan on 3/31/2020. (lcegs2) Modified on 5/4/2020 (ah). (Entered: 03/31/2020)
2020-04-01Set/Reset Deadlines: Further Joint Status Report due by 5/30/2020. (mac) (Entered: 04/01/2020)
2020-04-1616NOTICE OF SUBSTITUTION OF COUNSEL by Diana Viggiano Valdivia on behalf of All Defendants Substituting for attorney Rhonda Lisa Campbell (Valdivia, Diana) (Entered: 04/16/2020)
2020-05-26Partial Filing Fee Received from ROBERTO ANGEL CARDONA in the amount of $160.49, receipt number: 4616103216. (zrdj) (Entered: 06/08/2020)
2020-05-3017STATUS REPORT by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION. (Valdivia, Diana) (Entered: 05/30/2020)
2020-06-02MINUTE ORDER. Upon consideration of 17 defendants' status report, defendants shall file another status report by the requested date of June 29, 2020. Signed by Judge Emmet G. Sullivan on 6/2/20.(ah) (Entered: 06/02/2020)
2020-06-03Set/Reset Deadlines: Defendant Status Report due by 6/29/2020. (mac) (Entered: 06/03/2020)
2020-06-2918STATUS REPORT by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION. (Valdivia, Diana) (Entered: 06/29/2020)
2020-07-02MINUTE ORDER. Upon consideration of defendants' status report, defendants shall file another status report or, if feasible, a dispositive motion by the requested date of September 30, 2020. SO ORDERED. Signed by Judge Emmet G. Sullivan on 7/2/20.(ah) (Entered: 07/02/2020)
2020-07-02Set/Reset Deadlines: Defendants' Status Report Or Dispositive Motion due by 9/30/2020. (mac) (Entered: 07/02/2020)
2020-09-3019STATUS REPORT by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, OFFICE OF INFORMATION POLICY. (Valdivia, Diana) (Entered: 09/30/2020)
2020-10-3020MOTION for Leave to File Amended Answer by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, OFFICE OF INFORMATION POLICY (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Text of Proposed Order, # 5 Certificate of Service)(Valdivia, Diana) (Entered: 10/30/2020)
2020-11-02MINUTE ORDER. Defendants' Motion 20 to file the attached Amended Answer, adding an affirmative defense, is GRANTED. FOIA and prisoner actions such as this are exempt from the requirements of Local Civil Rule 16.3(b) and the analogous Federal Rules of Civil Procedure. Therefore, an answer does little to advance the proceedings. Defendants shall file a dispositive motion on or before December 4, 2020. SO ORDERED. Signed by Judge Emmet G. Sullivan on 11/2/20.(psu1). (Entered: 11/02/2020)
2020-11-03Set/Reset Deadlines: Defendants Dispositive Motion due by 12/4/2020. (mac) (Entered: 11/03/2020)
2020-12-0121MOTION for Extension of Time to File Motion for Summary Judgment by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Valdivia, Diana) (Entered: 12/01/2020)
2021-01-04MINUTE ORDER granting 21 Defendants' Motion for an Extension of Time to January 15, 2021, to file a dispositive motion. SO ORDERED. Signed by Judge Emmet G. Sullivan on 1/4/2021.(psu1) (Entered: 01/04/2021)
2021-01-05Set/Reset Deadlines: Defendants Dispositive Motions due by 1/15/2021. (mac) (Entered: 01/05/2021)
2021-01-1522MOTION for Summary Judgment by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, OFFICE OF INFORMATION POLICY (Attachments: # 1 Memorandum in Support, # 2 Declaration of Michael G. Seidel, # 3 Declaration of Tricia Francis, # 4 Statement of Facts, # 5 Text of Proposed Order, # 6 Certificate of Service)(Valdivia, Diana) (Entered: 01/15/2021)
2021-02-0123Order advising plaintiff to respond by March 15, 2021, to defendants' motion for summary judgment or risk entry of judgment in favor of the defendants and dismissal of the case (see document for details). Signed by Judge Emmet G. Sullivan on 2/1/2021.(psu1) (Entered: 02/01/2021)
2021-02-01Set/Reset Deadlines: Plaintiff's Response To Defendant's Motion For Summary Judgment due by 3/15/2021. (mac) (Entered: 02/01/2021)
2021-09-2224ORDER denying without prejudice 22 Defendants' Motion for Summary Judgment; dismissing the case for the reasons stated in the Memorandum Opinion issued separately this day. Signed by Judge Emmet G. Sullivan on 9/22/2021.(psu1) (Entered: 09/22/2021)
2021-09-2225MEMORANDUM OPINION accompanying the final order issued separately this day. Signed by Judge Emmet G. Sullivan on 9/22/2021.(psu1) (Entered: 09/22/2021)
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