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Case TitleLOCASCIO v. FEDERAL BUREAU OF INVESTIGATION, et al.
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv01461
Date Filed2015-09-08
Date Closed2022-01-07
JudgeJudge Timothy J. Kelly
PlaintiffFRANK LOCASCIO
Case DescriptionFrank LoCascio, a federal prisoner, submitted a FOIA request to the FBI for 644 reels of audio tape recorded near the Ravenite Social Club and used in the trial of John Gotti in 1991. The FBI denied LoCascio's request under Exemption 7(A)(ongoing investigation or proceeding). LoCascio appealed the decision to the Office of Information Policy, which upheld the decision. Lo Cascio then filed suit.
Complaint issues: Litigation - Attorney's fees, Exemption 7(A) - Interference with ongoing investigation

DefendantFEDERAL BUREAU OF INVESTIGATION U.S. Department of Justice
DefendantUNITED STATES DEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-09-081COMPLAINT against FRANK LOCASCIO ( Filing fee $ 400 receipt number 0090-4235920) filed by FRANK LOCASCIO.(Liebesman, Ruth) (Attachments: # 1 Civil Cover Sheet) (Entered: 09/08/2015)
2015-09-082ADDITIONAL ATTACHMENTS re 1 COMPLAINT : (Attachments: # 1 Exhibit A: Letter Atty Nargi to FBI dated 8/25/2014, # 2 Exhibit B: Letter FBI to Atty Nargi 8/27/2014 opening case, # 3 Exhibit C: Letter FBI to Atty Nargi dated 11/18/2014 denying FOIA request, # 4 Exhibit D: Appeal Letter dated 1/8/2015 to Director of Office Information Policy US DOJ, # 5 Exhibit E: Letter Office of Information Policy to Nargi 1/29/2015 acknowledging receipt of appeal, # 6 Exhibit F: Denial of Appeal 4/14/2015, # 7 Exhibit G: Books and iBooks with Gotti Tape transcripts)(Liebesman, Ruth) Modified on 9/8/2015 (jf). (Entered: 09/08/2015)
2015-09-08Case Assigned to Judge Rudolph Contreras. (md) (Entered: 09/08/2015)
2015-09-08SUMMONS Not Issued as to FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (SUMMONS WERE NOT FILED AT THE TIME COMPLAINT WAS FILED) (md) (Entered: 09/08/2015)
2015-09-093REQUEST FOR SUMMONS TO ISSUE TO THE FEDERAL BUREAU OF INVESIGATION by FRANK LOCASCIO filed by FRANK LOCASCIO.(Liebesman, Ruth) (Entered: 09/09/2015)
2015-09-094REQUEST FOR SUMMONS TO ISSUE TO THE UNITED STATES DEPARTMENT OF JUSTICE by FRANK LOCASCIO filed by FRANK LOCASCIO.(Liebesman, Ruth) (Entered: 09/09/2015)
2015-09-105SUMMONS (2) Issued Electronically as to FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Notice and Consent)(znmw) (Entered: 09/10/2015)
2015-09-256REQUEST FOR SUMMONS TO ISSUE to FBI with corrected docket number) by FRANK LOCASCIO filed by FRANK LOCASCIO.(Liebesman, Ruth) (Entered: 09/25/2015)
2015-09-257REQUEST FOR SUMMONS TO ISSUE on DOJ with corrected docket no. by FRANK LOCASCIO filed by FRANK LOCASCIO.(Liebesman, Ruth) (Entered: 09/25/2015)
2015-09-258REQUEST FOR SUMMONS TO ISSUE on FBI (2nd corrected docket no) by FRANK LOCASCIO filed by FRANK LOCASCIO.(Liebesman, Ruth) (Entered: 09/25/2015)
2015-09-289SUMMONS (2) Reissued Electronically as to FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE (znmw) (Entered: 09/28/2015)
2015-10-1510ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/30/2015. Answer due for ALL FEDERAL DEFENDANTS by 10/30/2015. (Liebesman, Ruth) Modified on 10/16/2015 (znmw). (Entered: 10/15/2015)
2015-10-1511RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 9/30/2015 (Liebesman, Ruth) (Entered: 10/15/2015)
2015-10-1612RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 9/30/2015. (znmw) (Entered: 10/16/2015)
2015-10-16NOTICE OF CORRECTED DOCKET ENTRY: Docket Entry 10 Summons Returned Executed in FOIA as to U.S. Attorney was entered in error and has been refiled as Docket Entry 12 Summons Returned Executed as to Federal Defendant. (znmw) (Entered: 10/16/2015)
2015-12-1113REQUEST FOR SUMMONS TO ISSUE filed by FRANK LOCASCIO.(Liebesman, Ruth) (Entered: 12/11/2015)
2015-12-1414SUMMONS (1) Issued Electronically as to U.S. Attorney. (znmw) (Entered: 12/14/2015)
2015-12-2915RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/17/2015. Answer due for ALL FEDERAL DEFENDANTS by 1/16/2016. (Liebesman, Ruth) (Entered: 12/29/2015)
2016-01-1916ANSWER to Complaint by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE.(Simon, Jeremy) (Entered: 01/19/2016)
2016-01-19MINUTE ORDER: It is hereby ORDERED that the parties shall meet and confer and submit a proposed briefing schedule on or before February 2, 2016. SO ORDERED. Signed by Judge Rudolph Contreras on 01/19/2016. (lcrc2) (Entered: 01/19/2016)
2016-01-22Set/Reset Deadlines: Meet & Confer Statement due by 2/2/2016. (tj) (Entered: 01/22/2016)
2016-02-0217Joint STATUS REPORT by the Parties and Proposed Schedule by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Simon, Jeremy) (Entered: 02/02/2016)
2016-02-02MINUTE ORDER: Upon consideration of 17 the Parties' Joint Status Report, it is hereby ORDERED that the parties shall file a status report on or before March 18, 2016. SO ORDERED. Signed by Judge Rudolph Contreras on 02/02/2016. (lcrc2) (Entered: 02/02/2016)
2016-02-04Set/Reset Deadlines: Status Report due by 3/18/2016. (tj) (Entered: 02/04/2016)
2016-03-1718Joint STATUS REPORT of the Parties by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Simon, Jeremy) (Entered: 03/17/2016)
2016-03-17MINUTE ORDER: Upon consideration of 18 the Parties' Joint Status Report, it is hereby ORDERED that the parties shall file a joint status report on or before April 18, 2016. SO ORDERED. Signed by Judge Rudolph Contreras on 03/17/2016. (lcrc2) (Entered: 03/17/2016)
2016-03-18Set/Reset Deadlines: Status Report due by 4/18/2016 (tj) (Entered: 03/18/2016)
2016-04-1819Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Simon, Jeremy) (Entered: 04/18/2016)
2016-04-18MINUTE ORDER concerning 19 the Parties' Joint Status Report: It is hereby ORDERED that the parties shall meet and confer and submit a proposed motion for summary judgment briefing schedule on or before May 2, 2016. SO ORDERED. Signed by Judge Rudolph Contreras on 04/18/2016. (lcrc2) (Entered: 04/18/2016)
2016-05-0220NOTICE by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Application for an Order Requiring the Return of Sealed Material)(Simon, Jeremy) (Entered: 05/02/2016)
2016-05-0221Joint STATUS REPORT (Joint Proposed Schedule to Govern Briefing on Dispositive Motions) by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Simon, Jeremy) (Entered: 05/02/2016)
2016-05-02SCHEDULING MINUTE ORDER: Upon consideration of 21 the Parties' Joint Proposed Schedule to Govern Briefing of Dispositive Motions, it is hereby ORDERED that Defendants shall file their motion for summary judgment on or before 30 days after the Eastern District of New York issues an order on Defendants' motion seeking the return of the DVD Defendants claim was released in error. It is FURTHER ORDERED that Plaintiff shall file his opposition and any cross-motion for summary judgment on or before 30 days after Defendants file their motion for summary judgment. It is FURTHER ORDERED that Defendant shall file their reply and opposition on or before 30 days after Plaintiff files his opposition and cross-motion. It is FURTHER ORDERED that Plaintiff shall file his reply on or before 30 days after Defendants file their reply and opposition. SO ORDERED. Signed by Judge Rudolph Contreras on 05/02/2016. (lcrc2) (Entered: 05/02/2016)
2017-04-25MINUTE ORDER: It is hereby ORDERED that the parties shall meet, confer, and submit a joint status report on or before May 10, 2017. SO ORDERED. Signed by Judge Rudolph Contreras on 4/25/2017. (lcrc1) (Entered: 04/25/2017)
2017-04-28Set/Reset Deadlines: Status Report due by 5/10/2017 (tj) (Entered: 04/28/2017)
2017-05-0922Joint STATUS REPORT of the Parties by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Simon, Jeremy) (Entered: 05/09/2017)
2017-09-15Case directly reassigned to Judge Timothy J. Kelly. Judge Rudolph Contreras is no longer assigned to the case. (ztnr) (Entered: 09/15/2017)
2017-10-17MINUTE ORDER: It is hereby ORDERED that the parties shall meet, confer, and submit a joint status report on or before October 31, 2017. Signed by Judge Timothy J. Kelly on 10/17/2017. (lctjk1) (Entered: 10/17/2017)
2017-10-2623Joint STATUS REPORT of the Parties by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Simon, Jeremy) (Entered: 10/26/2017)
2018-01-12MINUTE ORDER: It is hereby ORDERED that the parties shall meet, confer, and submit a joint status report on or before April 30, 2018. Signed by Judge Timothy J. Kelly on 1/12/2018. (lctjk3) (Entered: 01/12/2018)
2018-01-16Set/Reset Deadlines: Joint Status Report due by 4/30/2018. (kh) (Entered: 01/16/2018)
2018-04-3024Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Simon, Jeremy) (Entered: 04/30/2018)
2018-05-01MINUTE ORDER: It is hereby ORDERED that the parties shall meet, confer, and submit a joint status report on or before August 3, 2018. Signed by Judge Timothy J. Kelly on 5/1/2018. (lctjk3) (Entered: 05/01/2018)
2018-05-01Set/Reset Deadlines: Joint Status Report due by 8/3/2018. (kh) (Entered: 05/01/2018)
2018-07-3125Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Simon, Jeremy) (Entered: 07/31/2018)
2018-08-01MINUTE ORDER: It is hereby ORDERED that the parties shall meet, confer, and submit a joint status report on or before November 2, 2018. Signed by Judge Timothy J. Kelly on 8/1/2018. (lctjk3) (Entered: 08/01/2018)
2018-08-23MINUTE ORDER: "[T]he power to stay proceedings is incidental to the power inherent in every court to control the disposition of the causes on its docket with economy of time and effort for itself, for counsel, and for litigants." Hulley Enterprises Ltd. v. Russian Fed'n, 211 F. Supp. 3d 269, 276 (D.D.C. 2016) (quoting Landis v. N. Am. Co., 299 U.S. 248, 254 (1936)). In light of the briefing schedule in this case, which is linked to another district court's ruling on an outstanding motion, see ECF No. 25, it is hereby ORDERED that this case is stayed indefinitely. The stay shall not affect the duty of the parties to file dispositive motions in accordance with the Court's Minute Order of May 2, 2016, once that district court rules. Signed by Judge Timothy J. Kelly on 8/23/2018. (lctjk3) (Entered: 08/23/2018)
2018-11-21MINUTE ORDER: Notwithstanding the fact that this case remains STAYED, it is hereby ORDERED that the parties shall file a joint status report on December 3, 2018, and every 90 days thereafter. Signed by Judge Timothy J. Kelly on 11/21/2018. (lctjk3) (Entered: 11/21/2018)
2018-12-0326Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Simon, Jeremy) (Entered: 12/03/2018)
2019-03-0427Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Simon, Jeremy) (Entered: 03/04/2019)
2019-06-0328Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Simon, Jeremy) (Entered: 06/03/2019)
2019-09-0329Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Simon, Jeremy) (Entered: 09/03/2019)
2019-12-27MINUTE ORDER: As per this Court's Minute Order of November 21, 2018, the parties were required to file a Joint Status Report on December 2, 2019. It is hereby ORDERED that the parties shall file a Joint Status Report by January 24, 2020. Signed by Judge Timothy J. Kelly on 12/27/2019. (lctjk3) (Entered: 12/27/2019)
2020-01-2330Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Simon, Jeremy) (Entered: 01/23/2020)
2020-04-03MINUTE ORDER: On November 21, 2018, the Court ordered the parties to file a joint status report by a date certain, "and every 90 days thereafter." More than 90 days have passed since the parties filed their last joint status report on January 23, 2020. Therefore, it is hereby ORDERED that the parties shall file a joint status report on April 27, 2020, and every 90 days thereafter. Signed by Judge Timothy J. Kelly on 4/3/2020. (lctjk3) (Entered: 04/03/2020)
2020-04-2731Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Simon, Jeremy) (Entered: 04/27/2020)
2020-07-2732Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Simon, Jeremy) (Entered: 07/27/2020)
2020-12-01MINUTE ORDER: On November 21, 2018, the Court ordered the parties to file a joint status report by a date certain, "and every 90 days thereafter." The Court reiterated its order on April 3, 2020. More than 90 days have passed since the parties filed their last joint status report on July 27, 2020. Therefore, it is hereby ORDERED that the parties shall file a joint status report on December 18, 2020, and every 90 days thereafter. Signed by Judge Timothy J. Kelly on 12/1/2020. (lctjk3) (Entered: 12/01/2020)
2020-12-1633Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Simon, Jeremy) (Entered: 12/16/2020)
2021-03-1634Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Simon, Jeremy) (Entered: 03/16/2021)
2021-06-1635Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Simon, Jeremy) (Entered: 06/16/2021)
2021-09-20MINUTE ORDER: On December 1, 2020, the Court ordered the parties to file a joint status report by a date certain, "and every 90 days thereafter." More than 90 days have passed since the parties filed their last joint status report on June 16, 2021. Therefore, it is hereby ORDERED that the parties shall file a joint status report on September 24, 2021, and every 90 days thereafter. Signed by Judge Timothy J. Kelly on 09/20/2021. (lctjk3) (Entered: 09/20/2021)
2021-09-2336Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Simon, Jeremy) (Entered: 09/23/2021)
2021-12-2237Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Simon, Jeremy) (Entered: 12/22/2021)
2021-12-24MINUTE ORDER: Upon consideration of the parties' 37 Joint Status Report, it is hereby ORDERED that by January 7, 2022, the parties shall show cause why the case should not be dismissed given the parties' agreement that the claim in Plaintiff's 1 Complaint is moot. Signed by Judge Timothy J. Kelly on 12/24/2021. (lctjk3) (Entered: 12/24/2021)
2022-01-0738STIPULATION of Dismissal by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Simon, Jeremy) (Entered: 01/07/2022)
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