Case Detail

FOIA Project Annotation: Judge Randolph Moss has ruled that Louis Manna's suit for a copy of a surveillance video is moot because the FBI provided him with an unredacted copy of the tape after he filed suit. Manna requested a second copy of the tape and explained that although the agency had disclosed the tape to him previously, his copy had been submitted as part of a post-conviction motion and had never been returned. The agency initially told Manna that it could not find the tape and OIP upheld the FBI's no records response. However, after Manna filed suit, the FBI produced the tape. Manna argued that he had also asked for the videotape and all relevant material and the FBI had not yet responded to that portion of his request. Moss observed that "it is unclear if Plaintiff means that Defendants have failed to provide all the materials requested in his May 2012 request, or that Defendants have failed to respond to his other FOIA requests." Regardless, Moss noted that "to the extent that Plaintiff contends that his May 2012 request sought material in addition to the videotape, that is not a fair construction of the request." He added that "the surveillance video was the only material requested and 'reasonably described' in Plaintiff's May 2012 FOIA request. Likewise, Plaintiff's administrative appeal characterized his request as directed to the videotape." Manna argued that his May 2012 request did cite to other pending requests, but Moss explained that "it did so, however, only in the course of describing the videotape, explaining the circumstances leading up to Plaintiff's request for another copy, and requesting expedited release. Thus, to the extent that Plaintiff argues that Defendant erred in reading his May 2012 request as limited to the videotape, that contention is not supported by the record. . ." Moss then indicated Manna could not bring in other pending requests. "To the extent Plaintiff argues that his other FOIA requests remain unaddressed, his allegations are not properly before the Court. Although Plaintiff has made numerous FOIA requests over the years, his complaint only asserted claims based on the May 2012 request. Plaintiff never moved to amend his complaint to add claims based on other requests, and he cannot expand the scope of this litigation by merely referring to other requests in his opposition to Defendants' motion."
Issues: Litigation - Jurisdiction - Moot

Date Filed	Doc #	Docket Text
2013-03-11	1	COMPLAINT against FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION filed by LOUIS ANTHONY MANNA. (Attachments: # 1 Civil Cover Sheet)(td, ) Modified date filed on 3/12/2013 (td, ). (Entered: 03/12/2013)
2013-03-11		SUMMONS (6) Issued as to FEDERAL BUREAU OF INVESTIGATION (New York NY Office, Newark NJ Office and White Plains NY Office), U.S. DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION, U.S. Attorney and U.S. Attorney General (td, ) (Entered: 03/12/2013)
2013-03-11	2	MOTION for Leave to Proceed in forma pauperis by LOUIS ANTHONY MANNA (td, ) (Entered: 03/12/2013)
2013-03-11	3	PRISONER ACCOUNT STATEMENT by LOUIS ANTHONY MANNA (td, ) (Entered: 03/12/2013)
2013-03-11	4	ORDER directing an initial partial filing fee of $47.14 from Prison Account of Louis Anthony Manna (see order for further details) and ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Signed by Judge Beryl A. Howell on 2/28/13. (td, ) (Entered: 03/12/2013)
2013-03-13	5	Case randomly reassigned to Judge Richard W. Roberts. Judge Gladys Kessler no longer assigned to the case. (ds) (Entered: 03/13/2013)
2013-03-15	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION served on 3/14/2013, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/14/13. (td, ) (Entered: 03/18/2013)
2013-03-18	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/18/2013. Answer due for ALL FEDERAL DEFENDANTS by 4/17/2013. (td, ) (Entered: 03/19/2013)
2013-03-26	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 3/19/2013 (td, ) (Entered: 03/27/2013)
2013-04-12	9	NOTICE of Appearance by Matthew E. Maguire on behalf of All Defendants (Maguire, Matthew) (Entered: 04/12/2013)
2013-04-12	10	First MOTION for Extension of Time to File Answer re 1 Complaint by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Maguire, Matthew) (Entered: 04/12/2013)
2013-05-01		MINUTE ORDER: It is ORDERED that defendants' motion for an extension of time to May 17, 2013, to respond to the complaint 10 shall be, and hereby is, GRANTED as unopposed. Issued by Judge Richard W. Roberts on 5/1/13.(ah) (Entered: 05/01/2013)
2013-05-14	11	Second MOTION for Extension of Time to Answer or File Dispositive Motion by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Maguire, Matthew) (Entered: 05/14/2013)
2013-06-04		MINUTE ORDER: It is ORDERED that defendant's second motion for an enlargement of time to June 17, 2013, to file what is presumed will be a summary judgment motion 11 shall be, and hereby is, GRANTED as unopposed. Issued by Judge Richard W. Roberts on 6/4/13.(ah) (Entered: 06/04/2013)
2013-06-04		Set/Reset Deadlines: Defendant's Summary Judgment motion due by 6/17/2013. (hs) (Entered: 06/04/2013)
2013-06-12	12	Third MOTION for Extension of Time to Dispositive Motion by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Maguire, Matthew) (Entered: 06/12/2013)
2013-06-12	13	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 5/29/2013 (td, ) (Entered: 06/13/2013)
2013-07-01	14	MOTION to Dismiss , or Alternatively, for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Exhibit, # 4 Statement of Facts)(Maguire, Matthew). Added MOTION for Summary Judgment on 7/2/2013 (jf, ). (Entered: 07/01/2013)
2013-07-02		NOTICE OF ERROR re 14 Motion to Dismiss; emailed to matthew.maguire@usdoj.gov, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. DO NOT REFILE-Counsel is reminded to select all parts of their motion (jf, ) (Entered: 07/02/2013)
2013-07-15		MINUTE ORDER: It is ORDERED that defendants' third motion for an enlargement of time to July 1, 2013, to file a dispositive motion 12 shall be, and hereby is, GRANTED nunc pro tunc as unopposed. Issued by Judge Richard W. Roberts on 7/15/13.(ah) (Entered: 07/15/2013)
2013-07-15	15	Order advising plaintiff to respond by August 20, 2013, to defendants' dispositive motion or risk dismissal of the case or entry of judgment for the defendants on what may be treated as a conceded motion (see attached order for details). Signed by Judge Richard W. Roberts on 7/15/13.(ah) (Entered: 07/15/2013)
2013-07-16		Set/Reset Deadlines: Plaintiff's Response due by 8/20/2013 (hs) (Entered: 07/16/2013)
2013-07-23	16	MOTION for Extension of Time to File Response as to 14 MOTION to Dismiss , or Alternatively, for Summary Judgment by LOUIS ANTHONY MANNA (jf, ) (Entered: 07/24/2013)
2013-08-08	17	NOTICE OF SUBSTITUTION OF COUNSEL by Michelle Jean Seo on behalf of FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION Substituting for attorney Matthew E. Maguire (Seo, Michelle) (Entered: 08/08/2013)
2013-08-20	18	Memorandum in opposition to re 14 MOTION to Dismiss , or Alternatively, for Summary Judgment filed by LOUIS ANTHONY MANNA. (Attachments: # 1 Exhibit A-I, # 2 Exhibit J, # 3 Exhibit K-O, # 4 Exhibit P-Z) (Some pages are illegible)(jf, ) (Entered: 08/23/2013)
2013-08-27	19	MOTION for Extension of Time to File Response/Reply to Plaintiff's Opposition by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Seo, Michelle) (Entered: 08/27/2013)
2013-08-28		MINUTE ORDER: It is ORDERED that plaintiff's motion 16 for an enlargement of time to respond to defendant's dispositive motion shall be, and hereby is, GRANTED nunc pro tunc as unopposed. Issued by Chief Judge Richard W. Roberts on 8/28/13.(ah) (Entered: 08/28/2013)
2013-09-16	20	RESPONSE re 19 MOTION for Extension of Time to File Response/Reply to Plaintiff's Opposition filed by LOUIS ANTHONY MANNA. (jf, ) (Entered: 09/18/2013)
2013-09-27	21	REPLY re 14 MOTION to Dismiss , or Alternatively, for Summary Judgment filed by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Seo, Michelle) Modified on 9/30/2013 (jf, ). (Entered: 09/27/2013)
2013-10-30	22	MOTION for Leave to File a Surreply by LOUIS ANTHONY MANNA. "Let this be filed as a Motion for Leave to File a Surreply" signed by Chief Judge Richard W. Roberts on 10/29/2013 (jf, ) (Entered: 10/30/2013)
2013-10-30	23	SUPPLEMENTAL MEMORANDUM to re 22 MOTION for Leave to File a Surreply filed by LOUIS ANTHONY MANNA. (jf, ) (Originally received in Chambers on 10/21/2013) (Entered: 10/30/2013)
2013-11-21	24	MOTION for Leave to File Out of Time by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Defendants' Motion in Opposition to Plaintiff's Motion for Leave to File a Surreply)(Seo, Michelle) (Entered: 11/21/2013)
2013-11-27	25	NOTICE OF SUBSTITUTION OF COUNSEL by Robert N. Englund on behalf of All Defendants Substituting for attorney Michelle Jean Seo (Englund, Robert) (Entered: 11/27/2013)
2013-12-02		MINUTE ORDER: It is hereby ORDERED that the defendants' motion 19 for an extension of time to file a reply shall be, and hereby is, GRANTED nunc pro tunc as unopposed. Issued by Chief Judge Richard W. Roberts on 12/2/13.(ah) (Entered: 12/02/2013)
2014-07-18	26	MOTION to Expedite Case by LOUIS ANTHONY MANNA (jf, ) (Entered: 08/05/2014)
2014-12-03		Case randomly reassigned to Judge Randolph D. Moss. Chief Judge Richard W. Roberts no longer assigned to the case. (gt, ) (Entered: 12/03/2014)
2015-01-08	27	Letter to the Court from LOUIS ANTHONY MANNA "Leave to file GRANTED" by Judge Randolph D. Moss(rdj) (Entered: 01/08/2015)
2015-04-22	28	NOTICE of Appearance by Jodi George on behalf of All Defendants (George, Jodi) (Entered: 04/22/2015)
2015-05-07	29	NOTICE OF SUBSTITUTION OF COUNSEL by Stephanie Nicole Liaw on behalf of All Defendants Substituting for attorney Jodi George (Liaw, Stephanie) (Entered: 05/07/2015)
2015-05-13	30	MEMORANDUM AND OPINION. Signed by Judge Randolph D. Moss on May 13, 2015. (lcrdm1, ) (Entered: 05/13/2015)
2015-05-13	31	ORDER granting Defendants' Motion to Dismiss or Alternatively for Summary Judgment 14 ; granting Plaintiff's Motion for Leave to File Surreply 22 ; granting Defendants' Motion for Leave to File Opposition 24 ; denying Plaintiff's Motion to Expedite 26 as moot. See order for details. Signed by Judge Randolph D. Moss on May 13, 2015. (lcrdm1, ) (Entered: 05/13/2015)
2015-05-13	32	Memorandum in opposition to re 22 MOTION for Leave to File filed by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (rdj) (Entered: 05/14/2015)
2015-05-13	33	SURREPLY filed by LOUIS ANTHONY MANNA. (See docket entry 22 to view document)(rdj) (Entered: 05/14/2015)
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