Case Detail

FOIA Project Annotation: Judge Randolph Moss has ruled that, aside from a dispute over the status of records that were awaiting remediation because they were damaged as a result of Hurricane Sandy, the FBI has shown that it conducted an adequate search for records pertaining to Michael Spataro, who was serving a lengthy sentence for attempted murder and racketeering. Spataro requested records on himself, including cross-references. The agency disclosed at least 70 pages with redactions and withheld 143 pages. Spataro claimed there were several pre-wiretap authorizations checks the agency should have disclosed. Indicating that there was some confusion over exactly what Spataro was seeking, Moss noted that "although it is possible �" or even likely �" that such information would be subject to one or more FOIA exemptions, the Court cannot grant summary judgment in favor of the FBI on this question without further clarification of what exactly was withheld." Moss satisfied himself that Spataro was requesting identifying information on the targets of wiretaps. Here, he found that "neither type of information need be disclosed." He added that "because a court's order authorizing a wiretap is protected, the same is also true of the identity of the person 'targeted' for interception; a person's status as a 'target' exists solely by virtue of the substance of the court's ex parte order, and thus all information regarding that status is necessarily derived (directly or indirectly) from the court's order." He then found the agency had properly invoked Exemption 7(C) (invasion of privacy concerning law enforcement records) and Exemption 7(D) (confidential sources) to withhold identifying information, particularly since the investigation pertained to organized crime. Addressing the remediation issue, Moss pointed out that "the Department has drawn the wrong conclusion from the fact that the files are still 'awaiting' remediation. If the FBI reasonably concludes, after the remediation effort is complete, that the files are so severely damaged that they are inaccessible, so be it; the FBI will have made all reasonable efforts, and it cannot be faulted for failing to release records that were, in effect, destroyed. But, on the other hand, if the remediation process yields records that are both responsive to Spataro's request and non-exempt under FOIA, the FBI should release those records. The fact the FBI does not yet know whether it will bear fruit, does not permit the Court to conclude that the FBI has reasonably exhausted its efforts to locate responsive records."
Issues: Adequacy - Search

FOIA Project Annotation: Judge Randolph Moss has ruled that the FBI conducted an adequate search and properly withheld records under Exemption 7(D) (confidential sources) from Michael Spataro, who had been convicted in 2006 in the Eastern District of New York of conspiracy to commit murder, after the FBI completed remediation of records that had been damaged by Hurricane Sandy. In an earlier ruling in the case, Moss had upheld the FBI's search except for those records that were still subject to remediation and had declined to rule on the agency's exemption claims until the remediation process had been completed. With the remediation process complete, Moss now upheld the agency's search. Spataro's only challenge to the search of the remediated records was to question whether the agency had conducted an appropriate segregability analysis. Finding that Spartaro's claims of bad faith were nothing more than speculation, Moss accepted the FBI's segregability claim. Both the FBI and DEA withheld records under Exemption 7(D). Although Spataro had not challenged either agency's claim, Moss assessed their validity anyway. The FBI had withheld the names of several informants that were given explicit assurances of confidentiality while the DEA had withheld an informant's name under an implied assurance of confidentiality. Moss approved both applications.
Issues: Adequacy - Search, Exemption 7(D) - Confidential sources

Date Filed	Doc #	Docket Text
2014-02-03	1	COMPLAINT against FEDERAL BUREAU OF INVESTIGATION (Filing fee $ 0.00) filed by MICHAEL SPATARO. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5)(rc) (Entered: 02/19/2014)
2014-02-03		SUMMONS (3) Issued as to FEDERAL BUREAU OF INVESTIGATION, U.S. Attorney and U.S. Attorney General. (rc) (Entered: 02/19/2014)
2014-02-03	2	MOTION for Leave to Proceed in forma pauperis by MICHAEL SPATARO. (rc) (Entered: 02/19/2014)
2014-02-03	3	PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by MICHAEL SPATARO. (rc) (Entered: 02/19/2014)
2014-02-03	4	ORDER directing an initial partial filing fee of $93.15 to the Clerk of the United States District Court for the District of Columbia from the Prison Account of MICHAEL SPATARO. Plaintiff's application to proceed in forma pauperis 2 is GRANTED, except to the extent that Plaintiff is required to make the payments set forth in this order. Signed by Judge Reggie B. Walton on 01/31/2014. (rc) (Entered: 02/19/2014)
2014-03-11	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/5/2014. (rdj) (Entered: 03/12/2014)
2014-04-07	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/2/2014. Answer due for ALL FEDERAL DEFENDANTS by 5/2/2014. (rdj) (Entered: 04/07/2014)
2014-04-14	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 4/9/2014 (rdj) (Entered: 04/14/2014)
2014-04-23	8	NOTICE of Appearance by William Mark Nebeker on behalf of FEDERAL BUREAU OF INVESTIGATION (Nebeker, William) (Entered: 04/23/2014)
2014-05-02	9	ANSWER to 1 Complaint by FEDERAL BUREAU OF INVESTIGATION.(Nebeker, William) (Entered: 05/02/2014)
2014-05-19	10	ORDER regarding the filing of dispositive motions. Signed by Judge Royce C. Lamberth on May 19, 2014. (lcrcl2) (Entered: 05/19/2014)
2014-05-21	11	MOTION to Amend 1 Complaint by MICHAEL SPATARO (rdj) (Entered: 05/22/2014)
2014-06-16	12	MOTION to Stay re 10 Order Or, In The Alternative , MOTION for Extension of Time to File by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 06/16/2014)
2014-06-25	13	Memorandum in opposition to re 12 MOTION to Stay re 10 Order Or, In The Alternative MOTION for Extension of Time to File filed by MICHAEL SPATARO. (Attachments: # 1 Text of Proposed Order)(rdj) (Entered: 06/26/2014)
2014-07-03	14	REPLY to opposition to motion re 12 MOTION to Stay re 10 Order Or, In The Alternative MOTION for Extension of Time to File Dispositive Motion filed by FEDERAL BUREAU OF INVESTIGATION. (Nebeker, William) (Entered: 07/03/2014)
2014-07-07	15	ORDER granting 12 Motion for Stay, or in the Alternative, for an Elargement of Time; granting 11 Plaintiff's Motion to Amend Complaint. Ordered that this action be and is hereby stayed until 1/15/2015 or until further order of the Court. Defendant shall file periodic status reports every 30 days until such time as processing of the records responsive to Plaintiff's Freedom of Information Act requests is completed. Plaintiff's 11 Motion to Amend Complaint is granted. The Department of Justice is now the defendant. The F.B.I. is dismissed. Signed by Judge Royce C. Lamberth on 7/3/2014. (zmm, ) (Entered: 07/07/2014)
2014-08-04	16	STATUS REPORT by DEPARTMENT OF JUSTICE. (Nebeker, William) (Entered: 08/04/2014)
2014-09-03	17	STATUS REPORT by DEPARTMENT OF JUSTICE. (Nebeker, William) (Entered: 09/03/2014)
2014-10-03	18	STATUS REPORT by DEPARTMENT OF JUSTICE. (Nebeker, William) (Entered: 10/03/2014)
2014-11-03	19	STATUS REPORT by DEPARTMENT OF JUSTICE. (Nebeker, William) (Entered: 11/03/2014)
2014-11-19		Case randomly reassigned to Judge Randolph D. Moss. Judge Royce C. Lamberth no longer assigned to the case. (gt, ) (Entered: 11/19/2014)
2014-12-02	20	STATUS REPORT And Motion For Order, With Supporting Memorandum by DEPARTMENT OF JUSTICE. (Nebeker, William) (Entered: 12/02/2014)
2014-12-02	21	MOTION for Order (See ECF No. 20) by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 12/02/2014)
2014-12-02	22	CERTIFICATE OF SERVICE by DEPARTMENT OF JUSTICE re 20 Status Report, 21 MOTION for Order (See ECF No. 20) (Amended) . (Nebeker, William) (Entered: 12/02/2014)
2015-01-08	23	MOTION for Leave to File Amended Complaint by MICHAEL SPATARO (Attachments: # 1 Exhibit Amended Complaint, # 2 Exhibits A - E of Amended Complaint, # 3 Certificate of Service)(rdj) (Entered: 01/12/2015)
2015-02-11		MINUTE ORDER: It is hereby ORDERED that Plaintiff's Motion for Leave to File Amended Complaint 23 is GRANTED. The proposed amended complaint [23-1] submitted with that motion is deemed FILED. Because Plaintiff's Amended Complaint identifies Plaintiff's allegations in light of Defendant's most recent disclosures, Defendant's Motion for Order 21 is hereby DENIED as moot. Signed by Judge Randolph D. Moss on February 11, 2015. (lcrdm3, ) (Entered: 02/11/2015)
2015-02-11	24	AMENDED COMPLAINT against DEPARTMENT OF JUSTICE filed by MICHAEL SPATARO. (Attachments: # 1 Exhibit Part 1, # 2 Exhibit Part 2, # 3 Exhibit Part 3, # 4 Exhibit Part 4)(rdj) (Entered: 02/11/2015)
2015-02-27	25	MOTION for Extension of Time to File Answer re 24 Amended Complaint by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 02/27/2015)
2015-02-27		MINUTE ORDER: Upon consideration of Defendant's Motion for an Enlargement of Time 25 , it is hereby ORDERED that the motion is GRANTED. Defendant shall submit an answer to the Amended Complaint 24 or a motion under Rule 12 on or before March 23, 2015. Signed by Judge Randolph D. Moss on February 27, 2015. (lcrdm3, ) (Entered: 02/27/2015)
2015-03-02		Set/Reset Deadline: The Defendant shall submit an answer to the Amended Complaint 24 or a motion under Rule 12 on or before 3/23/2015. (kt) (Entered: 03/02/2015)
2015-03-23	26	MOTION to Dismiss Or, In The Alternative , MOTION for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration of David Hardy, # 2 Exhibit (A-J to Hardy Declaration), # 3 Text of Proposed Order)(Nebeker, William) Modified on 1/31/2017 (zrdj). (Attachment 2 replaced on 2/7/2017) (ad). (Entered: 03/23/2015)
2015-04-30	27	Memorandum in opposition to re 26 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment filed by MICHAEL SPATARO. (rdj) (Entered: 04/30/2015)
2015-05-04	28	MOTION for Extension of Time to File Response/Reply as to 26 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 05/04/2015)
2015-05-14		MINUTE ORDER: Upon consideration of Defendant's Motion for Enlargement of Time 28 , it is hereby ORDERED that the motion is GRANTED. Defendant shall file its reply in support of its dispositive motion on or before June 8, 2015. Signed by Judge Randolph D. Moss on May 14, 2015. (lcrdm3, ) (Entered: 05/14/2015)
2015-05-14		Set/Reset Deadline: Defendant shall file its reply in support of its dispositive motion on or before 6/8/2015. (kt) (Entered: 05/14/2015)
2015-06-05	29	MOTION for Extension of Time to File Response/Reply as to 26 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment Or , MOTION to Stay by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 06/05/2015)
2015-06-10		MINUTE ORDER: Upon consideration of Defendant's Motion for an Enlargement of Time 29 , it is hereby ORDERED that the motion is GRANTED. Defendant shall file its reply in support of the motion for summary judgment on or before August 10, 2015. It is further ORDERED that, on or before July 27, 2015, Plaintiff and Defendant shall separately file status reports advising the Court of the status of Defendant's further production of documents and the appropriate course of future proceedings, as well as whether the contemplated disclosures moot or otherwise affect any aspect of the pending motion. Signed by Judge Randolph D. Moss on June 10, 2015. (lcrdm3, ) (Entered: 06/10/2015)
2015-06-10		Set/Reset Deadlines: On or before 7/27/2015, Plaintiff and Defendant shall separately file status reports advising the Court of the status of Defendant's further production of documents and the appropriate course of future proceedings, as well as whether the contemplated disclosures moot or otherwise affect any aspect of the pending motion; Defendant shall file its reply in support of the motion for summary judgment on or before 8/10/2015. (kt) (Entered: 06/10/2015)
2015-07-27	30	STATUS REPORT by DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit)(Nebeker, William) (Entered: 07/27/2015)
2015-07-31		MINUTE ORDER: It is hereby ORDERED that, on or before August 27, 2015, Plaintiff shall file a report indicating whether he intends to challenge any of the redactions contained in the documents produced on July 9, 2015. It is further ORDERED that Defendant shall file the reply in support of its motion for summary judgment on or before September 28, 2015. If Defendant's reply raises issues not raised in Defendant's initial motion, Plaintiff may file a sur-reply of not more than 10 pages addressing only those issues on or before October 19, 2015. If Plaintiff fails to respond to any arguments raised for the first time in Defendant's reply, the Court may treat those arguments as conceded. Signed by Judge Randolph D. Moss on July 31, 2015. (lcrdm3, ) (Entered: 07/31/2015)
2015-07-31		Set/Reset Deadlines: On or before 8/27/2015, Plaintiff shall file a report indicating whether he intends to challenge any of the redactions contained in the documents produced on July 9, 2015; Defendant shall file the reply in support of its motion for summary judgment on or before 9/28/2015; Plaintiff may file a sur-reply of not more than 10 pages addressing only those issues on or before 10/19/2015. (kt) (Entered: 07/31/2015)
2015-08-18	31	STATUS REPORT by MICHAEL SPATARO. "LEAVE TO FILE GRANTED" by Judge Randolph D. Moss on August 3, 2015(zrdj) (Entered: 08/18/2015)
2015-08-27	32	OBJECTION TO REDACTIONS by MICHAEL SPATARO "Leave to file GRANTED", by Judge Randolph D. Moss (zrdj) (Entered: 08/27/2015)
2015-09-28	33	REPLY to opposition to motion re 26 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Declaration Second Hardy Decl.)(Nebeker, William) Modified on 1/31/2017 (zrdj). (Entered: 09/28/2015)
2016-10-27	34	ORDER: Plaintiff may supplement his opposition to Defendants' Motion to Dismiss or, in the Alternative, for Summary Judgment on or before November 27, 2016. See attached document for details. Signed by Judge Randolph D. Moss on 10/27/2016. (lcrdm3, ) Modified on 10/27/2016 to correct docket entry language to match Order text (kt). (Entered: 10/27/2016)
2016-10-27		Set/Reset Deadlines: Plaintiff may supplement his opposition to Defendants' Motion to Dismiss or, in the Alternative, for Summary Judgment on or before 11/27/2016. (kt) (Entered: 10/27/2016)
2017-09-29	35	MEMORANDUM OPINION AND ORDER: Upon consideration of Defendant's Motion to Dismiss, or in the Alternative, for Summary Judgment 26 , it is hereby GRANTED in part and DENIED in part. See document for details. Signed by Judge Randolph D. Moss on 9/29/17. (lcrdm3, ) (Entered: 09/29/2017)
2017-10-13	36	MOTION for Extension of Time to File Answer re 24 Amended Complaint Or , MOTION to Stay by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 10/13/2017)
2017-10-15		MINUTE ORDER: Upon consideration of Defendant's Motion For An Enlargement of Time 36 , the motion is hereby GRANTED. Defendant shall file a status report on or before October 30, 2017, and every 45 days thereafter until further order of the Court. It is further ORDERED that Defendant's obligation to file an answer to Plaintiff's Amended Complaint is hereby DEFERRED until further order of the Court. Signed by Judge Randolph D. Moss on 10/15/17. (lcrdm3, ) (Entered: 10/15/2017)
2017-10-16		Set/Reset Deadlines: Defendant's Status Report due by 10/30/2017. (kt) (Entered: 10/16/2017)
2017-10-30	37	STATUS REPORT by DEPARTMENT OF JUSTICE. (Nebeker, William) (Entered: 10/30/2017)
2017-12-20		MINUTE ORDER: It is hereby ORDERED that Defendant file a status report on or before December 22, 2017. In accord with the Court's October 15, 2017 Minute Order, Defendant shall then file a status report every 45 days thereafter until further order of the Court. Signed by Judge Randolph D. Moss on 12/20/17. (lcrdm3, ) (Entered: 12/20/2017)
2017-12-20		Set/Reset Deadlines: Defendant's Status Report due by 12/22/2017. (kt) (Entered: 12/20/2017)
2017-12-22	38	STATUS REPORT by DEPARTMENT OF JUSTICE. (Nebeker, William) (Entered: 12/22/2017)
2018-01-29	39	STATUS REPORT by DEPARTMENT OF JUSTICE. (Nebeker, William) (Entered: 01/29/2018)
2018-03-15	40	STATUS REPORT by DEPARTMENT OF JUSTICE. (Nebeker, William) (Entered: 03/15/2018)
2018-03-15		MINUTE ORDER: In light of Defendant's Status Report 40 , it is hereby ORDERED that Defendant's renewed dispositive motion shall be filed on or before May 31, 2018; Plaintiff shall file any opposition to that motion on or before July 2, 2018; and Defendant shall file its reply on or before July 23, 2018. Signed by Judge Randolph D. Moss on 3/15/18. (lcrdm3, ) (Entered: 03/15/2018)
2018-03-15		Set/Reset Deadlines: Defendant's renewed dispositive motion shall be filed on or before 5/31/2018; Plaintiff shall file any opposition to that motion on or before 7/2/2018; Defendant shall file its reply on or before 7/23/2018. (kt) (Entered: 03/15/2018)
2018-05-31	41	MOTION for Extension of Time to File Dispositive Motion by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 05/31/2018)
2018-06-04	42	CERTIFICATE OF SERVICE by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION re 41 MOTION for Extension of Time to File Dispositive Motion (Amended Certificate of Service) . (Nebeker, William) (Entered: 06/04/2018)
2018-06-05		MINUTE ORDER: Upon consideration of Defendant's Motion for Extension of Time 41 , it is hereby ORDERED that the motion is GRANTED. Defendant shall file a renewed dispositive motion on or before June 11, 2018. Plaintiff shall file any opposition to that motion on or before July 13, 2018. Defendant shall file its reply on or before July 27, 2018. Signed by Judge Randolph D. Moss on 6/5/18. (lcrdm3, ) (Entered: 06/05/2018)
2018-06-05		Set/Reset Deadlines: Defendant shall file a renewed dispositive motion on or before 6/11/2018; Plaintiff shall file any opposition to that motion on or before 7/13/2018; Defendant shall file its reply on or before 7/27/2018. (kt) (Entered: 06/05/2018)
2018-06-08	43	NOTICE of Appearance by Jane M. Lyons on behalf of DEPARTMENT OF JUSTICE (Lyons, Jane) (Entered: 06/08/2018)
2018-06-08	44	MOTION for Extension of Time to File Renewed Motion for Summary Judgment by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Lyons, Jane) (Entered: 06/08/2018)
2018-06-11		MINUTE ORDER: Upon consideration of the Motion for Extension of Time to File 44 , it is hereby ORDERED that the motion is GRANTED. The government shall file its renewed motion for summary judgment on or before June 25, 2018. Signed by Judge Randolph D. Moss on 6/11/18. (lcrdm3, ) (Entered: 06/11/2018)
2018-06-11		Set/Reset Deadlines: Government's Renewed Summary Judgment motion due by 6/25/2018. (kt) (Entered: 06/11/2018)
2018-06-25	45	MOTION for Summary Judgment (Renewed) by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Statement of Facts, # 2 Declaration (Third Declaration of David M. Hardy), # 3 Declaration (Declaration of Katherine L. Myrick), # 4 Certificate of Service)(Lyons, Jane) (Entered: 06/25/2018)
2018-06-26	46	ORDER: It is hereby ORDERED that Plaintiff shall respond to Defendant's renewed motion for summary judgment, Dkt. 45, on or before July 30, 2018. See attached Order for details. Signed by Judge Randolph D. Moss on 6/26/18. (lcrdm3, ) (Entered: 06/26/2018)
2018-06-26		Set/Reset Deadlines: Plaintiff shall respond to Defendant's renewed motion for summary judgment, Dkt. 45, on or before 7/30/2018. (kt) (Entered: 06/26/2018)
2018-08-02	47	ORDER: Plaintiff's response to Defendant's Renewed Motion for Summary Judgment was due on or before July 30, 2018. No response has yet been filed. It is hereby ORDERED that Plaintiff shall respond to Defendant's motion on or before August 31, 2018. See attached order for details. The Court further observes that Plaintiff's last filing in this case was docketed August 27, 2015, see Dkt. 32, and that, in addition to failing to respond to Defendant's pending motion, Plaintiff did not respond to the Court's previous order permitting him to file a further response to Defendant's Motion to Dismiss, or in the Alternative, for Summary Judgment, see Dkt. 34. In light of Plaintiff's failure to respond to the Court's previous two orders and the fact that he has not actively litigated this case in nearly three years, Plaintiff is advised that, in the event he does not file a response to the pending motion or otherwise indicate his desire to proceed with this litigation on or before August 31, 2018, this case shall be dismissed for failure to prosecute. See Fed. R. Civ. P. 41(b). Signed by Judge Randolph D. Moss on 8/2/18. (lcrdm3, ) (Entered: 08/02/2018)
2018-08-02		Set/Reset Deadlines: Plaintiff's Response to Defendant's Renewed Motion for Summary Judgment due by 8/31/2018. (kt) (Entered: 08/02/2018)
2018-09-04		MINUTE ORDER: On August 2, 2018, the Court issued an order advising Plaintiff that "in the event he does not file a response to the pending motion [for summary judgment] or otherwise indicate his desire to proceed with this litigation by August 31, 2018, this case shall be dismissed for failure to prosecute." Dkt. 47. To date, the Court has not received a response from Plaintiff. Nevertheless, the Court will allow Plaintiff one final opportunity to respond. It is hereby ORDERED that, on or before September 21, 2018, Plaintiff shall inform the Court whether he desires to proceed with this litigation. Plaintiff is advised that in the event he does not do so, the Court will enter an order dismissing this case for failure to prosecute. See Fed. R. Civ. P. 41(b); Local Civ. R. 83.23. Plaintiff is further advised that, if he advises the Court that he intends to continue to pursue the litigation but does not file a response to Defendant's motion for summary judgment by September 21, 2018, the Court will decide that motion without the benefit of Plaintiff's input and will accept Defendant's evidence at true. The Clerk of the Court is directed to mail a copy of this order to Plaintiff. Signed by Judge Randolph D. Moss on 9/4/2018. (lcrdm3, ) (Entered: 09/04/2018)
2018-09-04		Set/Reset Deadlines: Plaintiff shall inform the Court whether he desires to proceed with litigation by 9/21/2018. (kt) (Entered: 09/04/2018)
2018-10-04	48	ORDER: In light of Plaintiff's failure to respond to the Court's orders on September 4, 2018, see Minute Order (Sept. 4, 2018), and August 2, 2018, see Dkt. 47, it is hereby ORDERED that the case is dismissed without prejudice. See attached order for details. Signed by Judge Randolph D. Moss on 10/4/2018. (lcrdm3, ) (Entered: 10/04/2018)
2018-10-17	49	Letters from Plaintiff Michael Spataro; "LET IT BE FILED" by Judge Randolph D. Moss signed 10/17/18. (ztd) (Entered: 10/18/2018)
2018-10-18	50	Memorandum in opposition to re 45 MOTION for Summary Judgment (Renewed) filed by MICHAEL SPATARO. (See docket entry no. 49 to view.) (ztd) (Entered: 10/18/2018)
2018-10-18		MINUTE ORDER: Upon consideration of Plaintiff's letter to the Court and opposition to Defendant's renewed motion for summary judgment 49 , it is hereby ORDERED that the Clerk of the Court shall reopen this case. It is further ORDERED that any reply to Plaintiff's opposition shall be filed on or before November 1, 2018. Signed by Judge Randolph D. Moss on 10/18/2018. (lcrdm3, ) (Entered: 10/18/2018)
2018-10-18		Set/Reset Deadlines: Any Reply to Motion for Summary Judgment due by 11/1/2018. (kt) (Entered: 10/18/2018)
2018-11-01	51	REPLY to opposition to motion re 45 MOTION for Summary Judgment (Renewed) filed by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Declaration Fourth Hardy Declaration)(Nebeker, William) (Entered: 11/01/2018)
2019-01-29	52	MEMORANDUM OPINION granting Defendant's renewed motion for summary judgment 45 . See document for details. Signed by Judge Randolph D. Moss on 1/29/2019. (lcrdm3, ) (Entered: 01/29/2019)
2019-01-29	53	ORDER: For the reasons set forth in the Court's Memorandum Opinion, Dkt. 52 , it is hereby ORDERED that Defendant's motion for summary judgment, Dkt. 45 , is GRANTED. The Clerk of the Court is hereby directed to terminate this case. See document for details. Signed by Judge Randolph D. Moss on 1/29/2019. (lcrdm3, ) (Entered: 01/29/2019)
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