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Case TitleSkrzypek v. Federal Bureau of Investigation
DistrictNorthern District of Illinois
CityChicago
Case Number1:2013cv08986
Date Filed2013-12-17
Date Closed2015-07-23
JudgeHonorable Sharon Johnson Coleman
PlaintiffJames R. Skrzypek
Case DescriptionSkrzypek submitted a request for records pertaining to documents signed by John Burke at Skrzypek's Chicago home in 1997. The FBI provided one document with deletions made under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records) that Skrzypek considered non-responsive. He appealed to the Office of Information Policy, which upheld the FBI's decision. Skrzypek then appealed to the Office of Government Information Services. OGIS told Skrzypek that the FBI was willing to process his request if he provided a signed waiver for John Burke. Skrzypek provided the information to the FBI, but after hearing nothing further, he filed suit.
Complaint issues: improper withholding, expedited proceedings, costs

DefendantFederal Bureau of Investigation
AppealSeventh Circuit 15-3056
Documents
Docket
Complaint
Complaint
Opinion/Order [39]
FOIA Project Annotation: A federal court in Illinois has ruled that the FBI conducted an adequate search for records requested by James Skrzypek. Skrzypek requested records bearing the signature of John Burke that were signed at Skrzypek's house in July 1997. The agency disclosed one redacted page. Skrzypek then resubmitted his request with Burke's privacy waiver. After Skrzypek filed suit, the agency found a file under his name and released 338 pages in whole or in part. Unsatisfied, Skrzypek asked the agency to continue its search. It did a further hand search of the remainder of Skrzypek's file but found no more records pertaining to Burke's signature. Although Skrzypek challenged the agency's search, the court concluded the agency's search was adequate. The court noted that "the record specifically describes the manner of search conducted including the indices and search terms used. . .When Skrzypek requested additional searches, the FBI searched the related file and sub-file. This Court believes, and Skrzypek presents no evidence to refute, that the search undertaken by the FBI was reasonably calculated to uncover all relevant documents."
Issues: Adequacy - Search
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2013-12-171RECEIVED Complaint and 3 copies by James R. Skrzypek (Exhibits). (jmp, ) (Entered: 12/18/2013)
2013-12-172CIVIL Cover Sheet. (jmp, ) (Entered: 12/18/2013)
2013-12-173MOTION by Plaintiff James R. Skrzypek for leave to proceed in forma pauperis. (jmp, ) (Entered: 12/18/2013)
2013-12-174PRO SE Appearance by Plaintiff James R. Skrzypek. (jmp, ) (Entered: 12/18/2013)
2014-03-175MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing set for 4/7/2014 at 09:15 AM. on plaintiff's motion for leave to appear in forma pauperis 3 .Mailed notice (rth, ) (Entered: 03/17/2014)
2014-04-076ORDER: Status hearing held. Plaintiff's application for leave to proceed in forma pauperis 3 is granted. The U.S. Marshal is directed to serve summons. Plaintiff shall complete a USM-285 form for each defendant being served, if he has not done so. Status hearing set for 6/9/2014 at 09:00 AM. Signed by the Honorable Sharon Johnson Coleman on 4/7/2014: Mailed notice (jmp, ) (Entered: 04/09/2014)
2014-04-077COMPLAINT filed by James R. Skrzypek; Jury Demand (Exhibits). (jmp, ) (Entered: 04/09/2014)
2014-04-09SUMMONS Issued to the U.S. Marshal's Office for service as to Defendant Federal Bureau of Investigation via email. (jmp, ) (Entered: 04/23/2014)
2014-05-308DESIGNATION of Sarah J. North as U.S. Attorney for Defendant Federal Bureau of Investigation (North, Sarah) (Entered: 05/30/2014)
2014-05-309SUMMONS Returned Executed by James R. Skrzypek as to AUSA, United States Attorney's Office served on 5/21/2014, answer due 7/21/2014; Gary S. Shapiro Acting United States Attorney, answer due 5/21/14, answer due 7/21/14. (Attachments: # 1 Gary S. Shapiro Acting United States Attorney)(ea, ) (Entered: 06/05/2014)
2014-06-0910MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing held on 6/9/2014. Plaintiff did not appear. Contrary to the date given in open court, status hearing set for 7/21/2014 at 09:00 AM.Mailed notice (rth, ) (Entered: 06/09/2014)
2014-07-0711AFFIDAVIT of Service regarding civil served on Eric Holder on 6/20/2014 by the U.S. Marshal's Service. (jh, ) (Entered: 07/09/2014)
2014-07-1112MOTION by Defendant Federal Bureau of Investigation for extension of time to respond to Complaint (Agreed Motion) (North, Sarah) (Entered: 07/11/2014)
2014-07-1113NOTICE of Motion by Sarah J. North for presentment of extension of time 12 before Honorable Sharon Johnson Coleman on 7/17/2014 at 08:45 AM. (North, Sarah) (Entered: 07/11/2014)
2014-07-1614MINUTE entry before the Honorable Sharon Johnson Coleman: Defendant's agreed motion for extension of time to 9/19/2014 to file responsive pleading to the complaint 12 is granted. No appearance required on 7/17/2014. Status hearing set for 7/21/2014 is stricken and reset to 9/29/2014 at 09:00 AM.Mailed notice (rth, ) (Entered: 07/16/2014)
2014-09-1715MOTION by Defendant Federal Bureau of Investigation for extension of time to respond to complaint (Agreed Motion) (North, Sarah) (Entered: 09/17/2014)
2014-09-1716AGREED NOTICE of Motion by Sarah J. North for presentment of extension of time 15 before Honorable Sharon Johnson Coleman on 9/25/2014 at 08:45 AM. (North, Sarah) Modified on 9/17/2014 (ea, ). (Entered: 09/17/2014)
2014-09-2317MINUTE entry before the Honorable Sharon Johnson Coleman: Defendant's agreed motion for extension of time to 11/18/2014 to file responsive pleading to the complaint 15 is granted. No appearance required on 9/24/2014. Status hearing set for 9/29/2014 is stricken and reset to 11/21/2014 at 09:00 AM.Mailed notice (rth, ) (Entered: 09/23/2014)
2014-11-1818MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or, in the alternative, for summary judgment (North, Sarah) (Entered: 11/18/2014)
2014-11-1819NOTICE of Motion by Sarah J. North for presentment of Motion to Dismiss for Failure to State a Claim 18 before Honorable Sharon Johnson Coleman on 11/21/2014 at 09:00 AM. (North, Sarah) (Entered: 11/18/2014)
2014-11-1820MEMORANDUM by Federal Bureau of Investigation in support of Motion to Dismiss for Failure to State a Claim 18 or, in the alternative, for Summary Judgment (North, Sarah) (Entered: 11/18/2014)
2014-11-1821AFFIDAVIT by Defendant Federal Bureau of Investigation in Support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or, in the alternative, for summary judgment 18 Declaration of David M. Hardy (Attachments: # 1 Exhibit Exhibits A - S)(North, Sarah) (Entered: 11/18/2014)
2014-11-1822RULE 56 (a) Statement by Federal Bureau of Investigation regarding Motion to Dismiss for Failure to State a Claim 18 or, in the alternative, for Summary Judgment (North, Sarah) (Entered: 11/18/2014)
2014-11-1823Notice to Pro Se Litigant Opposing Motion for Summary Judgment by Federal Bureau of Investigation (North, Sarah) (Entered: 11/18/2014)
2014-11-1824CERTIFICATE of Service by Defendant Federal Bureau of Investigation regarding affidavit in support of motion, 21 (North, Sarah) (Entered: 11/18/2014)
2014-11-2125MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing held on 11/21/2014. On defendant's Motion to Dismiss for Failure to State a Claim 18 , plaintiff to file a response by 1/22/2015. Defendant's reply due by 2/12/2015. Once fully briefed, the matter is taken under advisement.Mailed notice (rth, ) (Entered: 11/21/2014)
2014-12-1626MOTION by Defendant Federal Bureau of Investigation to set a briefing schedule AGREED MOTION (North, Sarah) (Entered: 12/16/2014)
2014-12-1627NOTICE of Motion by Sarah J. North for presentment of motion by filer to set a briefing schedule 26 before Honorable Sharon Johnson Coleman on 12/30/2014 at 08:45 AM. (North, Sarah) (Entered: 12/16/2014)
2014-12-1728NOTICE of Motion by Sarah J. North for presentment of motion by filer to set a briefing schedule 26 before Honorable Sharon Johnson Coleman on 1/7/2015 at 08:45 AM. (North, Sarah) (Entered: 12/17/2014)
2014-12-2229RESPONSE by Plaintiff James R. Skrzypek to the United States' amended agreed motion 26 (Exhibit) (jl, ) (Entered: 12/24/2014)
2014-12-2930MINUTE entry before the Honorable Sharon Johnson Coleman: The United States' Agreed Motion to Vacate the Briefing on its Motion to Dismiss and Set a Summary Judgment Briefing Schedule 26 is granted. Defendant's Motion to Dismiss 18 is now moot. Defendant to file a motion for summary judgment and supporting memorandum by 1/30/2015, Plaintiff's response is due 3/30/2015, and Defendant's reply is due 4/20/2015. No appearance is necessary on 1/7/2015 at 8:45 a.m.Mailed notice (rth, ) (Entered: 12/29/2014)
2015-01-3031MOTION by Defendant Federal Bureau of Investigation for summary judgment (North, Sarah) (Entered: 01/30/2015)
2015-01-3032MEMORANDUM by Federal Bureau of Investigation in support of motion for summary judgment 31 (North, Sarah) (Entered: 01/30/2015)
2015-01-3033RULE 56 (a) Statement by Federal Bureau of Investigation regarding motion for summary judgment 31 (North, Sarah) (Entered: 01/30/2015)
2015-01-3034DECLARATION of David M. Hardy regarding Rule 56 statement 33 , motion for summary judgment 31 Second Hardy Declaration (Attachments: # 1 Exhibit A - U)(North, Sarah) (Entered: 01/30/2015)
2015-02-2735MOTION by Plaintiff James R. Skrzypek for voluntary dismissal without prejudice (Exhibits). (rm, ) (Entered: 03/03/2015)
2015-03-0536MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing set for 4/13/2015 at 09:00 AM.Mailed notice (rth, ) (Entered: 03/05/2015)
2015-04-1337MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing held on 4/13/2015. Plaintiff's motion to voluntarily dismiss without prejudice 35 is denied. Plaintiff's oral motion to extend the briefing schedule is granted. On defendant's motion for summary judgment 31 , Plaintiff's response shall be filed by 6/12/2015. Defendant's reply due by 7/6/2015. Once fully briefed the motion is taken under advisement. Oral argument may be set thereafter.Mailed notice (rth, ) (Entered: 04/13/2015)
2015-07-2338MINUTE entry before the Honorable Sharon Johnson Coleman: Based on the foregoing, defendant FBI's motion for summary judgment 31 is granted. Enter Memorandum Opinion and Order. Civil case terminated. Mailed notice (rth, ) (Entered: 07/23/2015)
2015-07-2339MEMORANDUM Opinion and Order Signed by the Honorable Sharon Johnson Coleman on 7/23/2015:Mailed notice(rth, ) (Entered: 07/23/2015)
2015-07-2340ENTERED JUDGMENT Signed on 7/23/2015:Mailed notice(rth, ) (Entered: 07/23/2015)
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by FOIA Project Staff
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