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Case TitleKubik et al v. United States Federal Bureau of Prisons
DistrictDistrict of Oregon
City
Case Number6:2010cv06078
Date Filed2010-03-31
Date Closed2011-09-19
Judge
PlaintiffRichard Kubik
PlaintiffBarbara Kubik
DefendantUnited States Federal Bureau of Prisons
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2010-03-311Complaint for Declaratory and Injunctive Relief. Filing Fee in amount of $350 collected. Receipt No. 600005303 issued. Summons issued as to Defendant. Jury Trial Requested: No.Filed by Richard Kubik, Barbara Kubik against United States Federal Bureau of Prisons. (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 Civil Cover Sheet) (cp) (Entered: 03/31/2010)
2010-03-312Discovery and Pretrial Scheduling Order and Notice of Case Assignment to Magistrate Judge Thomas M. Coffin. Discovery is to be completed by 7/29/2010. Joint Alternate Dispute Resolution Report is due by 8/30/2010. Pretrial Order is due by 8/30/2010. Ordered by Magistrate Judge Thomas M. Coffin. (cp) (Entered: 03/31/2010)
2010-05-033Unopposed Motion for Extension of Time to Answer Complaint, 1 . Filed by United States Federal Bureau of Prisons. (Simmons, Timothy) (Entered: 05/03/2010)
2010-05-044ORDER: Granting Motion for Extension of Time to Answer 3 . Answer is due by 6/7/2010. Ordered by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 05/04/2010)
2010-05-045Scheduling Order by Magistrate Judge Thomas M. Coffin. Rule 16 Conference is set for 6/8/2010 at 10:30AM by Telephone before Magistrate Judge Thomas M. Coffin. The court will initiate the call. The parties should be prepared to discuss the status of discovery, any actual or potential discovery related conflicts, magistrate consent, potential trial dates, other issues presented by this action, and proposed modifications to the schedule outlined in the initial Discovery and Pretrial Scheduling Ordered issued by the court at the commencement of the action. The parties additionally should be prepared to discuss Alternate Dispute Resolution (ADR) pursuant to L.R. 16.4. Pursuant to this minute order the parties are relieved of their responsibility set forth in the Discovery and Pretrial Scheduling Order, Section (c).Ordered by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 05/04/2010)
2010-05-106Unopposed Motion to Continue Rule 16 Conference . Filed by all plaintiffs. (Attachments: # 1 Attachment Declaration of Counsel) (Regan, Lauren) (Entered: 05/10/2010)
2010-05-207ORDER: Granting Motion to Continue 6 . Rule 16 Conference is reset for 6/11/2010 at 11:00AM by Telephone before Magistrate Judge Thomas M. Coffin. The court will initiate the call. Ordered by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 05/20/2010)
2010-06-078Answer to Complaint. Filed by United States Federal Bureau of Prisons. (Simmons, Timothy) (Entered: 06/07/2010)
2010-06-119MINUTES of Proceedings: Telephone Rule 16 Conference. The parties continue to work together on document production. Status Conference is set for 7/29/2010 at 10:00AM by Telephone before Magistrate Judge Thomas M. Coffin. The court will initiate the call. Lauren Regan present as counsel for plaintiffs. Tim Simmons present as counsel for defendant. Court Reporter: Deb Wilhelm. Magistrate Judge Thomas M. Coffin presiding. (plb) (Entered: 06/14/2010)
2010-06-1510Full Consent by all Parties to Jurisdiction by US Magistrate Judge. (ljb) (Entered: 06/15/2010)
2010-07-2711Unopposed Motion to Continue United States Of America's Motion To Continue Rule 16 Conference . Filed by United States Federal Bureau of Prisons. (Simmons, Timothy) (Entered: 07/27/2010)
2010-07-2812ORDER: Granting Motion to Continue 11 . Status Conference is reset from 7/29/2010 for 8/16/2010 at 10:00AM by Telephone before Magistrate Judge Thomas M. Coffin. The court will initiate the call. Ordered by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 07/28/2010)
2010-08-1613MINUTES of Proceedings: Telephone Status Conference.Parties inform the court that they continue to explore settlement. Further Status Conference is set for 9/14/2010 at 10:00AM by Telephone before Magistrate Judge Thomas M. Coffin. The court will initiate the call. Lauren Regan present as counsel for plaintiffs. Tim Simmons present as counsel for defendant. Magistrate Judge Thomas M. Coffin presiding. (plb) (Entered: 08/16/2010)
2010-09-0914Scheduling Order by Magistrate Judge Thomas M. Coffin. Status Conference is reset for 9/14/2010 from 10:00AM to 10:45AM by Telephone before Magistrate Judge Thomas M. Coffin. The court will initiate the call. Ordered by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 09/09/2010)
2010-09-1415MINUTES of Proceedings: Telephone Status Conference. Dispositive Motions are due by 12/10/2010. Responses to Dispositive Motions are due by 1/14/2011. Plaintiffs' Reply to Dispositive Motions are due by 1/28/2011. Defendant's Reply to Dispositive Motions are due by 2/4/2011. Oral Argument is set for 2/18/2011 at 10:00AM in Eugene Courtroom 4 before Magistrate Judge Thomas M. Coffin. Lauren Regan present as counsel for plaintiffs. Tim Simmons present as counsel for defendant. Magistrate Judge Thomas M. Coffin presiding. (plb) (Entered: 09/14/2010)
2010-12-1016Unopposed Motion to Continue MSJ filing deadline 3 days . Filed by All Plaintiffs. (Attachments: # 1 Declaration of Counsel in Support) (Regan, Lauren) (Entered: 12/10/2010)
2010-12-1017ORDER: Granting Motion to Continue 16 . Dispositive Motions are due by 12/13/2010. Ordered by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 12/10/2010)
2010-12-1318Motion for Summary Judgment. Oral Argument requested. Filed by All Plaintiffs. (Attachments: # 1 Statement of Facts, # 2 Decl. of B. Kubik, # 3 Exhibit List, # 4 Exh A, # 5 Exh B, # 6 Exh C, # 7 Exh D, # 8 Exh E, # 9 Exh F, # 10 Exh G, # 11 Exh H, # 12 Exh I, # 13 Exh 1) (Regan, Lauren) (Entered: 12/13/2010)
2010-12-1319Motion for Summary Judgment Memorandum in Support of . Oral Argument requested. Filed by All Plaintiffs. (Regan, Lauren) (Entered: 12/13/2010)
2011-01-1420Response to Motion for Summary Judgment 18 . Filed by United States Federal Bureau of Prisons. (Simmons, Timothy) (Entered: 01/14/2011)
2011-01-1421Declaration of Christopher Synsvoll. Filed by United States Federal Bureau of Prisons. (Related document(s): Response to Motion 20 .) (Attachments: # 1 Attachment A, # 2 Attachment B, # 3 Attachment C, # 4 Attachment D, # 5 Attachment E) (Simmons, Timothy) (Entered: 01/14/2011)
2011-01-1422Response to Concise Statement of Material Facts regarding Motion for Summary Judgment 18 . Filed by United States Federal Bureau of Prisons. (Simmons, Timothy) (Entered: 01/14/2011)
2011-01-1423Cross Motion for Summary Judgment. Filed by United States Federal Bureau of Prisons. (Simmons, Timothy) (Entered: 01/14/2011)
2011-01-2624Notice of Appearance of Andrew Orahoske appearing on behalf of All Plaintiffs Filed by on behalf of All Plaintiffs (Orahoske, Andrew) (Entered: 01/26/2011)
2011-01-2825Reply to Motion for Summary Judgment 18 Oral Argument requested. Filed by All Plaintiffs. (Attachments: # 1 Decl. of A. Freeman, # 2 Ex. J) (Regan, Lauren) (Entered: 01/28/2011)
2011-02-0126Motion for Leave to File Under Seal Exhibit K in Support of Plaintiff's Motion for Summary Judgment. Filed by Barbara Kubik, Richard Kubik. (ljb) (Entered: 02/02/2011)
2011-02-0127The document, Motion for Leave 26 Under Seal, was conventionally filed in our Court after the mandatory electronic filing deadline of September 1, 2006. Local Rule 100-2 clearly requires the electronic filing of all pleadings, documents, and other papers in all pending civil and criminal cases. The document(s) referenced above should not be re-filed electronically, but we ask that you conform to the requirements of LR 100-2 in future submissions to the Court. Please refer to LR 100-5(a) for documents which must be filed conventionally. To learn more about this requirement and the CM/ECF system, visit the Court's Internet website at http://ord.uscourts.gov. There you will find links to rules and resources designed to assist you and your staff in quickly learning how to electronically file. If you have any questions or concerns regarding this matter, please contact any member of the Clerk's Office staff. (ljb) (Entered: 02/02/2011)
2011-02-0428Reply In Support to Cross Motion for Summary Judgment 23 . Filed by United States Federal Bureau of Prisons. (Simmons, Timothy) (Entered: 02/04/2011)
2011-02-1029ORDER: Granting Motion for Leave to File Under Seal Exhibit K in Support of Plaintiff's Motion for Summary Judgment 26 . Ordered by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 02/10/2011)
2011-02-1430Filed Under Seal Exhibit K in support of Motion for Summary Judgment 18 . Filed by Barbara Kubik, Richard Kubik. (ljb) (Entered: 02/15/2011)
2011-02-1831MINUTES of Proceedings: Motion Hearing Held regarding Motion for Summary Judgment 23 , Motion for Summary Judgment 18 . Defendant shall submit unredacted documents for in camera review within 7 days. Motions are taken under advisement as of 2/28/2011. Lauren Regan present as counsel for plaintiffs. Tim Simmons present as counsel for defendant. Court Reporter: Deb Wilhelm. Magistrate Judge Thomas M. Coffin presiding. (plb) (Entered: 02/21/2011)
2011-03-0732Scheduling Order by Magistrate Judge Thomas M. Coffin regarding Cross Motion for Summary Judgment 23 , Motion for Summary Judgment 18 . I have reviewed the materials the government submitted for in camera review. It is apparent to me that the video included in the materials was prepared for use in the governments prosecution of inmates involved in the April 20, 2008 prison riot during which Brian Kubik was shot. The Government shall submit a list of individuals prosecuted in connection with the April 20, 2008 riot. The Government shall prepare and submit a list identifying which documents produced to me for in camera review were disclosed pursuant to the prosecutions stemming from the April 20, 2008 riot and under what circumstances the documents were disclosed. The Government shall also prepare and submit a list identifying the documents produced for the in camera review which were also introduced as evidence during the prosecutions stemming from the April 20, 2008 riot. The Government shall submit these additional materials on or before Monday, March 21, 2011.Motions are taken under advisement as of 3/28/2011. Ordered by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 03/07/2011)
2011-03-1833Notice of Attorney Withdrawal: Filed by All Plaintiffs (Orahoske, Andrew) (Entered: 03/18/2011)
2011-07-0134OPINION and ORDER: Granting in Part Denying in Part Motion for Summary Judgment 18 ; Granting in Part Denying in Part Motion for Summary Judgment 23 . Signed on 7/1/2011 by Magistrate Judge Thomas M. Coffin. (plb) Modified for clarity of the record on 7/5/2011 (ljb). (Entered: 07/01/2011)
2011-07-1935Joint Motion for Extension of Time to Complete a Viewing of the Documents . Filed by United States Federal Bureau of Prisons. (Simmons, Timothy) (Entered: 07/19/2011)
2011-07-2036ORDER: Granting Joint Motion for Extension of Time. The parties have until August 2, 2011 to complete viewing of the contested documents 35 . Ordered by Magistrate Judge Thomas M. Coffin. (gf) (Entered: 07/20/2011)
2011-08-0137Motion for Summary Judgment Regarding the Adequacy of the FOIA Search . Filed by United States Federal Bureau of Prisons. (Attachments: # 1 Attachment Memorandum in Support, # 2 Exhibit 1 - Supplemental Declaration of Christopher Synsvoll) (Simmons, Timothy) (Entered: 08/01/2011)
2011-08-1638Response to Motion for Summary Judgment Regarding the Adequacy of the FOIA Search 37 . Filed by All Plaintiffs. (Regan, Lauren) (Entered: 08/16/2011)
2011-08-1639Order: Recently the government submitted an in camera request for guidance regarding materials redacted from Document 6. After my in camera review, I find that the redactions comply with my Opinion and Order (#34), and none of the redacted material should be released. Ordered by Magistrate Judge Thomas M. Coffin. (cw) (Entered: 08/16/2011)
2011-08-3040Reply to Motion for Summary Judgment Regarding the Adequacy of the FOIA Search 37 . Filed by United States Federal Bureau of Prisons. (Simmons, Timothy) (Entered: 08/30/2011)
2011-09-1941OPINION & ORDER: Granting Motion for Summary Judgment 37 . Signed on 9/16/2011 by Magistrate Judge Thomas M. Coffin. (plb) Modified for clarity of the record on 9/21/2011 (ljb). (Entered: 09/19/2011)
2011-09-1942Judgment. In accordance with Order 41 , this action is dismissed. Signed by the Clerk on 9/19/2011. (plb) (Entered: 09/19/2011)
2011-10-2443Stipulated Motion for Extension of Time to File Cost/Fee Petition . Filed by All Parties. (Regan, Lauren) Modified on 10/25/2011 page 2 of the document is a blank page (sln). (Entered: 10/24/2011)
2011-10-2544ORDER: Granting Motion for Extension of Time 43 . Fee Petition is due by 11/8/2011. Ordered by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 10/25/2011)
2011-11-0745Joint Motion for Extension of Time to Extend Deadlines to File Plaintiffs' Petition for Costs and Attorney Fees . Filed by All Defendants. (Simmons, Timothy) (Entered: 11/07/2011)
2011-11-0746ORDER: Granting Motion for Extension of Time 45 . Fee Petition is due by 11/15/2011. Ordered by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 11/07/2011)
2011-11-1547Notice to Court Regarding Pending Resolution Filed by United States Federal Bureau of Prisons (Simmons, Timothy) (Entered: 11/15/2011)
2011-11-1648Order: Granting the parties' request that this Court retain jurisdiction until 1/14/2011 regarding Plaintiffs' request for attorney fees and costs. Ordered by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 11/16/2011)
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by FOIA Project Staff
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