| Date Filed | Doc # | Docket Text |
|
| 2016-08-17 | 1 | COMPLAINT against EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY filed by DARRYL BURKE. (Attachments: # 1 Civil Cover Sheet)(zrdj) (Entered: 08/18/2016) |
| 2016-08-17 | 2 | NOTICE OF RELATED CASE. Case related to Case No. 16-1595. (zrdj) (Entered: 08/18/2016) |
| 2016-08-17 | 3 | MOTION for Leave to Proceed in forma pauperis by DARRYL BURKE (zrdj) (Entered: 08/18/2016) |
| 2016-08-17 | 4 | PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by DARRYL BURKE (zrdj) (Entered: 08/18/2016) |
| 2016-08-17 | 5 | ORDER that this civil action shall proceed under the Freedom of Information Act against the Department of Homeland Security. The Executive Office for United States Attorneys is DISMISSED WITH PREJUDICE as a party defendant. Signed by Judge Christopher R. Cooper on 8/16/2016. (zrdj) (Entered: 08/18/2016) |
| 2016-08-17 | 6 | ORDER directing an initial partial filing fee in the amount of $8.20 from Prison Account of Darryl Burke and granting 2 MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Signed by Judge Christopher R. Cooper on 8/16/2016. (zrdj) (Entered: 08/18/2016) |
| 2016-08-18 | 7 | SUMMONS (3) Issued as to DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (md) (Entered: 08/18/2016) |
| 2016-08-26 | 8 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF HOMELAND SECURITY served on 8/24/2016, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/24/2016., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/24/2016. ( Answer due for ALL FEDERAL DEFENDANTS by 9/23/2016.) (zrdj) (Entered: 08/29/2016) |
| 2016-09-22 | 9 | NOTICE of Appearance by Marsha Wellknown Yee on behalf of DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Certificate of Service)(Yee, Marsha) (Entered: 09/22/2016) |
| 2016-09-22 | 10 | MOTION for Extension of Time to File Defendant's Response to Plaintiff's Complaint by DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order, # 3 Certificate of Service)(Yee, Marsha) (Entered: 09/22/2016) |
| 2016-09-24 | | MINUTE ORDER: Upon consideration of defendant's motion for an extension of time 10 , the motion is hereby GRANTED, and it is ORDERED that defendant shall be permitted to answer or otherwise respond to the complaint on or before November 10, 2016. Signed by Judge Randolph D. Moss on 9/24/2016. (lcrdm3, ) (Entered: 09/24/2016) |
| 2016-09-26 | | Set/Reset Deadlines: Defendant shall be permitted to answer or otherwise respond to the complaint on or before 11/10/2016. (kt) (Entered: 09/26/2016) |
| 2016-11-10 | 11 | ANSWER to 1 Complaint by DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Certificate of Service)(Yee, Marsha) (Entered: 11/10/2016) |
| 2016-12-01 | 12 | MOTION for Extension of Time by DARRYL BURKE (zrdj) (Entered: 12/05/2016) |
| 2016-12-05 | | MINUTE ORDER: Plaintiff has moved for an extension of time to file a "reply to Defendant's complaint" 12 . To clarify: At this stage of the litigation, Plaintiff has filed his complaint 1 , and Defendant has now filed an answer 11 . The Federal Rules of Civil Procedure do not require that Plaintiff otherwise respond to Defendant's answer. The Rules do provide, however, that either party may move for summary judgment, see Rule 56, and that the Court may set a briefing schedule for such motions, see Rule 56(b). The Court will construe Plaintiff's motion as a request for such a schedule. Accordingly, it is hereby ORDERED that any party wishing to file a motion for summary judgment shall do so on or before January 16, 2017; any oppositions shall be filed on or before February 13, 2017; and any replies shall be filed on or before March 13, 2017. To the extent Plaintiff's motion requests an extension, that request is DENIED without prejudice as moot in light of the above schedule. Signed by Judge Randolph D. Moss on 12/5/2016. (lcrdm3, ) (Entered: 12/05/2016) |
| 2016-12-05 | | Set/Reset Deadlines: Any party wishing to file a motion for summary judgment shall do so on or before 1/16/2017; Any oppositions shall be filed on or before 2/13/2017; Any replies shall be filed on or before 3/13/2017. (kt) (Entered: 12/05/2016) |
| 2017-01-13 | 13 | MOTION for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Statement of Facts, # 2 Declaration (Campbell), # 3 Declaration (Falletich), # 4 Text of Proposed Order, # 5 Certificate of Service)(Yee, Marsha) (Entered: 01/13/2017) |
| 2017-01-14 | 14 | FOX / NEAL ORDER: Plaintiff is hereby ORDERED to file an opposition to Defendant's Motion for Summary Judgment 13 on or before February 13, 2017. Plaintiff is further advised that, if he does not file an opposition or seek an extension of time by that date, the Court may dismiss the action for failure to prosecute, may rule on the motion based on Defendant's arguments alone, and may accept as true the factual assertions in Defendant's motion that are supported by evidence. See attached document for details. Signed by Judge Randolph D. Moss on 1/14/2017. (lcrdm3, ) (Entered: 01/14/2017) |
| 2017-01-17 | | Set/Reset Deadlines: Plaintiff is to file an opposition to Defendant's Motion for Summary Judgment 13 on or before 2/13/2017. (kt) (Entered: 01/17/2017) |
| 2017-01-30 | 15 | Memorandum in opposition to re 13 MOTION for Summary Judgment filed by DARRYL BURKE. (jf) (Entered: 02/01/2017) |
| 2017-02-13 | 16 | Memorandum in opposition to re 13 MOTION for Summary Judgment filed by DARRYL BURKE. "LEAVE TO FILE GRANTED" by Judge Randolph D. Moss (zrdj) (Entered: 02/14/2017) |
| 2017-02-13 | 17 | MOTION TO SUPPLEMENT THE RECORD by DARRYL BURKE (See docket entry 16 to view document)(zrdj) (Entered: 02/14/2017) |
| 2017-02-14 | | MINUTE ORDER: Upon consideration of Plaintiff's "Motion to Supplement the Record" 16 , the motion is hereby GRANTED. The Court will construe Plaintiff's motion as a supplement to Plaintiff's initial Memorandum in Opposition 15 to Defendant's Motion for Summary Judgment, and will consider it as part of the same. Signed by Judge Randolph D. Moss on 2/14/2017. (lcrdm3, ) (Entered: 02/14/2017) |
| 2017-02-14 | 18 | MOTION for Subpoenas to be issued by the Clerk by DARRYL BURKE "LEAVE TO FILE GRANTED" by Judge Randolph D. Moss(zrdj) (Entered: 02/16/2017) |
| 2017-02-17 | | MINUTE ORDER: Upon consideration of Plaintiff's Motion for Subpoenas to be Issued 18 , the motion is hereby DENIED without prejudice pending resolution of Defendant's motion for summary judgment. Plaintiff has not met the high burden necessary to justify discovery in a Freedom of Information Act case. Signed by Judge Randolph D. Moss on 2/17/2017. (lcrdm3, ) (Entered: 02/17/2017) |
| 2017-03-13 | 19 | MOTION for Extension of Time to File Defendant's Reply in Further Support of its Motion for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Yee, Marsha) (Entered: 03/13/2017) |
| 2017-03-14 | | MINUTE ORDER: Upon consideration of Defendant's Motion for Extension of Time to File Reply 19 , the motion is hereby GRANTED. Defendant may file its reply in support of its Motion for Summary Judgment on or before March 21, 2017. Signed by Judge Randolph D. Moss on 3/14/2017. (lcrdm3, ) (Entered: 03/14/2017) |
| 2017-03-15 | | Set/Reset Deadlines: Defendant may file its reply in support of its Motion for Summary Judgment on or before 3/21/2017. (kt) (Entered: 03/15/2017) |
| 2017-03-21 | 20 | REPLY to opposition to motion re 13 MOTION for Summary Judgment filed by DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Declaration (Brian Swain), # 2 Certificate of Service)(Yee, Marsha) (Entered: 03/21/2017) |
| 2017-08-01 | | MINUTE ORDER: As Plaintiff notes in his opposition to Defendant's motion for summary judgment, the "signature page" of the "real estate contract between John H. Cobb and Claris[s]a Garvey" and "any notes about th[at] [s]ignature page from S.S. Agent Nat Maloney are the only documents [he] wants to receive" as a result of this FOIA action. Dkt. 15 at 5. He also attaches to his supplemental opposition several pages of trial transcripts from his criminal trial in which a witness discusses the signature page of that real estate contract and in which a lawyer indicates that the signature page has been entered into evidence as "Government... Exhibit UU." Dkt. 16 at 5-6. In its reply brief, Defendant notes that, as part of its search for that signature page, it reviewed "10 banker boxes of documents associated with the criminal investigation of [Plaintiff]" and that it "search[ed]... all of the electronic material related to [Plaintiff's] criminal investigation on the Miami Field Office network drive," but could not locate it. Dkt. 20 at 2. Defendant's reply brief does not, however, note if it maintained copies of the trial exhibits from Plaintiff's criminal trial, and, if so, whether it searched those trial exhibits for the signature page. Accordingly, on or before August 8, 2017, Defendant is hereby ORDERED to submit a supplemental declaration informing the Court whether it has maintained a copy of the trial exhibits from Plaintiff's criminal trial, 1:2013-cr-20616-JIC; if so, whether it searched those trial exhibits for the signature page described in Plaintiff's FOIA request; and, if so, what, if any, responsive records were located as a result of that search. Signed by Judge Randolph D. Moss on 8/1/2017. (lcrdm1, ) (Entered: 08/01/2017) |
| 2017-08-01 | | Set/Reset Deadlines: Defendant to submit a supplemental declaration by 8/8/2017. (dot) (Entered: 08/01/2017) |
| 2017-08-07 | 21 | NOTICE of Filing Supplemental Declaration by DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Declaration Supplemental, # 2 Certificate of Service)(Yee, Marsha) (Entered: 08/07/2017) |
| 2017-08-23 | 22 | MOTION for In Camera Review; "Let this be filed" by Judge Randolph D. Moss by DARRYL BURKE (td) (Entered: 08/25/2017) |
| 2017-08-23 | 23 | RESPONSE to the Governments Supplemental Declaration of Brian Swain re 21 Notice (Other) filed by DARRYL BURKE. "Let this be filed" by Judge Randolph D. Moss (td) Modified on 8/25/2017 (td). (Entered: 08/25/2017) |
| 2017-08-28 | 24 | MOTION for Extension of Time to File Response to Plaintiff's "Motion for In Camera Review" by DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Yee, Marsha) (Entered: 08/28/2017) |
| 2017-09-08 | 25 | MEMORANDUM OPINION on Defendant's motion for summary judgment (Dkt. 13 ), Plaintiff's motion for in camera review (Dkt. 22 ), and Defendant's motion for an extension of time to respond to Plaintiff's motion for in camera review (Dkt. 24 ). See document for details. A separate order (Dkt. 26 ) will issue. Signed by Judge Randolph D. Moss on 9/8/2017. (lcrdm1, ) (Entered: 09/08/2017) |
| 2017-09-08 | 26 | ORDER: For the reasons stated in the accompanying Memorandum Opinion, Dkt. 25 , it is hereby ORDERED that Defendant's motion for summary judgment, Dkt. 13 , is GRANTED; that Plaintiff's motion for in camera review, Dkt. 22 , is DENIED; and that Defendant's motion for an extension of time to respond to Burke's motion for in camera review, Dkt. 24 , is DENIED as moot. See attached document. Signed by Judge Randolph D. Moss on 9/8/2017. (lcrdm1, ) (Entered: 09/08/2017) |
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