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Case TitleVillanueva v. United States Department of Justice et al
DistrictSouthern District of Florida
CityMiami
Case Number1:2019cv23452
Date Filed2019-08-16
Date Closed2022-01-12
JudgeJudge Aileen M. Cannon
PlaintiffDaniel Villanueva
Case DescriptionDaniel Villanueva, a private investigator, submitted FOIA requests to the FBI for records concerning the FBI's role in an SEC investigation of Arthocare Corporation. The agency acknowledged receipt of the requests and told Villanueva that the agency expected to respond to his requests in 1,335 days. Villanueva filed an administrative appeal of that estimate. Villanueva attempted to contact the agency on several occasions to check on their status but after hearing nothing further from the agency, Villanueva filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Department of Justice
DefendantThe Federal Bureau of Investigation
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Opinion/Order [61]
Opinion/Order [68]
FOIA Project Annotation: A federal court in Florida has ruled that the FBI must process Daniel Villanueva's FOIA request at the rate of 5,125 pages a month until it completes processing the remaining 20,500 pages. Villanueva filed suit in August 2019 14 months after his original request. Two months later, the FBI asserted Exemption 7(A) (interference with ongoing investigation or proceeding) based on the lack of finality of one of the defendants in the underlying criminal investigation who had a petition for certiorari pending with the Supreme Court. In November 2019, the FBI identified 21,000 responsive pages and disclosed 500 pages. At that time, the agency indicated it could complete Villanueva's request in ten months. However, when the magistrate judge ruled, the FBI still had done nothing more than release the original 500 pages. Instead, it asked the court to allow it to respond pursuant to its normal 500-page-per-month rate, taking a total of seven years to complete Villanueva's 2018 request. The magistrate judge faulted the FBI's handling of the request. He noted that "the defendants ignore the following facts: the plaintiff's June 2018 FOIA request has been pending for three and a half years and only 500 of 21,000 pages of responsive documents have been produced; the defendants' failure to comply with the FOIA requirements in apprising the Court of the factual bases to withhold 20,500 pages of responsive documents; and the defendants' failure to produce a sufficient Vaughn index or declaration during the pendency of the plaintiff's June 2018 FOIA request and in disregard of the defendants' self-proposed December 2020 deadline. The defendants' Motion essentially requests a three-and-a-half-year extension of the Court-imposed October 2021 deadlines." The magistrate judge noted that "seven years to complete the processing of plaintiff's June 2018 FOIA request is too long." As a result, he ordered the FBI to process the request at a rate of 5, 125 pages a month, to be completed in four months. However, the magistrate judge declined to sanction the agency's behavior.
Issues: Expedited processing
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-08-161COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-11910664, filed by Daniel Villanueva. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s) United States Department of Justice, # 3 Summon(s) United States Department of Justice c/o US Attorney's Office, # 4 Summon(s) FBI, # 5 Summon(s) FBI c/o US Attorney's Office)(Visconti, Melissa) (Entered: 08/16/2019)
2019-08-162Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (kpe) (Entered: 08/19/2019)
2019-08-193Summons Issued as to The Federal Bureau of Investigation, United States Department of Justice, U.S. Attorney and U.S. Attorney General (kpe) (Entered: 08/19/2019)
2019-08-264Order Of Referral And Notice Of Court Practices And Procedures. Signed by Judge Kathleen M. Williams on 8/26/2019. See attached document for full details. (kpe) (Entered: 08/26/2019)
2019-09-095NOTICE by Daniel Villanueva of Filing Proof of Service on Defendants (Attachments: # 1 Certified mail receipts and delivery confirmations) (Visconti, Melissa) (Entered: 09/09/2019)
2019-10-076MOTION for Clerks Entry of Default as to The Federal Bureau of Investigation, United States Department of Justice by Daniel Villanueva. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order - clerk's default)(Visconti, Melissa) (Entered: 10/07/2019)
2019-10-077Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint, by The Federal Bureau of Investigation, United States Department of Justice. Attorney Carlos Javier Raurell added to party The Federal Bureau of Investigation(pty:dft), Attorney Carlos Javier Raurell added to party United States Department of Justice(pty:dft). (Raurell, Carlos) (Entered: 10/07/2019)
2019-10-078PAPERLESS ORDER denying as moot 6 Motion for Entry of Default upon the appearance and unopposed motion filed by Defendants. Signed by Magistrate Judge Edwin G. Torres on 10/7/2019. (EGT) (Entered: 10/07/2019)
2019-10-079PAPERLESS ORDER granting 7 Motion for Extension of Time to File Response/Answer to 1 Complaint, for good cause shown in the unopposed motion: Defendants' Response/Answer now due 10/15/2019. Signed by Magistrate Judge Edwin G. Torres on 10/7/2019. (EGT) (Entered: 10/07/2019)
2019-10-0810Clerks Non-Entry of Default as to The Federal Bureau of Investigation, United States Department of Justice. Reason: Responsive pleading (i.e. Motion for Extention of Time to File Answer to Complaint, Motion to Dismiss Complaint, etc) has been filed Signed by DEPUTY CLERK on 10/8/2019. (kpe) (Entered: 10/08/2019)
2019-10-1511ANSWER and Affirmative Defenses to Complaint by The Federal Bureau of Investigation, United States Department of Justice. (Raurell, Carlos) (Entered: 10/15/2019)
2019-11-0512NOTICE of Striking Affirmative Defenses 11 ANSWER and Affirmative Defenses to Complaint by The Federal Bureau of Investigation, United States Department of Justice. (Raurell, Carlos) by The Federal Bureau of Investigation, United States Department of Justice (Raurell, Carlos) Link Modified on 11/6/2019 (ail). (Entered: 11/05/2019)
2019-11-1213Plaintiff's MOTION for Preliminary Injunction and Supporting Memorandum of Law by Daniel Villanueva. (Visconti, Melissa) (Entered: 11/12/2019)
2019-11-1214Amended MOTION for Preliminary Injunction Plaintiff's Amended Motion for Preliminary Injunction and Supporting Memorandum of Law by Daniel Villanueva. (Visconti, Melissa) (Entered: 11/12/2019)
2019-11-12PAPERLESS ORDER SETTING STATUS CONFERENCE regarding Plaintiff's motion for preliminary injunction 13 . The status conference is set for November 15, 2019 at 10:00 AM in Miami Division before Judge Kathleen M. Williams. Signed by Judge Kathleen M. Williams on 11/12/2019. (clu) (Entered: 11/12/2019)
2019-11-1215Unopposed MOTION to Continue Status Conference Scheduled for November 15, 2019 re Set/Reset Hearings, by Daniel Villanueva. Responses due by 11/26/2019 (Visconti, Melissa) (Entered: 11/12/2019)
2019-11-13PAPERLESS ORDER CANCELLING STATUS CONFERENCE set for November 15, 2019 regarding Plaintiff's motion for preliminary injunction. The Parties are ordered to proceed with the normal briefing schedule for the motion pursuant to Local Rule 7.1(c). Accordingly, Defendant's response is due by November 26, 2019, and Plaintiff's reply is due by December 3, 2019. Signed by Judge Kathleen M. Williams on 11/13/2019. (clu) (Entered: 11/13/2019)
2019-11-1316PAPERLESS ORDER DENYING AS MOOT Plaintiff's unopposed motion to continue status conference set for November 15, 2019. The Court has issued an Order 16 requiring the Parties to proceed with regular briefing on the motion. Signed by Judge Kathleen M. Williams on 11/13/2019. (clu) (Entered: 11/13/2019)
2019-11-2617RESPONSE in Opposition re 14 Amended MOTION for Preliminary Injunction Plaintiff's Amended Motion for Preliminary Injunction and Supporting Memorandum of Law filed by The Federal Bureau of Investigation, United States Department of Justice. Replies due by 12/3/2019. (Attachments: # 1 Exhibit Declaration of Michael G. Seidel)(Raurell, Carlos) (Entered: 11/26/2019)
2019-12-0318REPLY to Response to Motion re 14 Amended MOTION for Preliminary Injunction Plaintiff's Amended Motion for Preliminary Injunction and Supporting Memorandum of Law filed by Daniel Villanueva. (Visconti, Melissa) (Entered: 12/03/2019)
2019-12-2319PAPERLESS ORDER REFERRING MOTIONS TO MAGISTRATE JUDGE TORRES. Pursuant to 28 U.S.C. § 636 and the Magistrate Rules of the Local Rules for the Southern District of Florida, Plaintiff's amended motion for preliminary injunction 14 is REFERRED to United States Magistrate Judge Edwin G. Torres for a report and recommendation. Signed by Judge Kathleen M. Williams on 12/23/2019. (clu) (Entered: 12/23/2019)
2020-01-1520MOTION for Hearing re 14 Amended MOTION for Preliminary Injunction Plaintiff's Amended Motion for Preliminary Injunction and Supporting Memorandum of Law Plaintiff's Request for Hearing, or, Alternatively, for a Status Conference Regarding Its Amended Motion for Preliminary Injunction by Daniel Villanueva. (Attachments: # 1 Text of Proposed Order)(Visconti, Melissa) (Entered: 01/15/2020)
2020-03-0221PAPERLESS ORDER granting 20 Motion for Hearing re Motion for Preliminary Injunction: Status Conference Re: Motions set for 3/24/2020 10:00 AM in Miami Division before Magistrate Judge Edwin G. Torres, James Lawrence King Federal Justice Building, 99 NE 4th Street, Tenth Floor, Courtroom 5, Miami, Florida, 33132. In anticipation of the hearing, the Defendant shall promptly file its Vaughn declaration (as referenced in its response to the pending motion) by 3/17/2020 as well as a supplemental memorandum setting forth its status report. Signed by Magistrate Judge Edwin G. Torres on 3/2/2020. (EGT) (Entered: 03/02/2020)
2020-03-0222Defendant's MOTION to Continue March 24, 2020 Status Conference re 21 Order on Motion for Hearing,, by The Federal Bureau of Investigation, United States Department of Justice. Responses due by 3/16/2020 (Raurell, Carlos) (Entered: 03/02/2020)
2020-03-1023PAPERLESS ORDER granting 22 Motion to Continue. Status Conference re-set for 4/7/2020 10:00 AM in Miami Division before Magistrate Judge Edwin G. Torres. All other deadlines included in the Court's 3/2/2020 Order will be re-set during the Status Conference. Signed by Magistrate Judge Edwin G. Torres on 3/10/2020. (EGT) (Entered: 03/10/2020)
2020-03-10Deadline(s)/Hearing(s) terminated. (EGT) (Entered: 03/10/2020)
2020-03-30ORDER RE-SETTING STATUS CONFERENCE: The status conference previously scheduled for 4/7/2020 is now RE-SET: Status Conference now set for 5/7/2020 10:00 AM in Miami Division before Magistrate Judge Edwin G. Torres. (EGT) (Entered: 03/30/2020)
2020-05-0524PAPERLESS ORDER RE-SETTING STATUS CONFERENCE:The status conference previously scheduled for 5/7/2020 is now RE-SET: Status Conference now set for 6/4/2020 at 10:30 AM in Miami Division before Magistrate Judge Edwin G. Torres. Signed by Magistrate Judge Edwin G. Torres on 5/5/2020. (ahg) (Entered: 05/05/2020)
2020-06-0125PAPERLESS ORDER Re-Setting Status Conference: The Status Conference scheduled for 6/4/2020 at 10:30 AM in the Miami Division before Magistrate Judge Edwin G. Torres is RESET to a TELEPHONIC STATUS CONFERENCE. At the scheduled time, counsel for all parties shall call the following toll-free number: 1-888-684-8852 (access code 5264742#) (security code 1231#). Parties appearing at the telephonic conference must be on a landline to facilitate communication. Any counsel appearing at the hearing that is passively listening may appear by cellular phone or other means so long as the device may be muted. (ahg) (Entered: 06/01/2020)
2020-06-0126PAPERLESS ORDER denying as moot 13 Plaintiff's motion for preliminary injunction in light of 14 Plaintiff's amended motion for preliminary injunction. Signed by Judge Kathleen M. Williams on 6/1/2020. (clu) (Entered: 06/01/2020)
2020-06-0427PAPERLESS Minute Entry for proceedings held before Magistrate Judge Edwin G. Torres: Status Conference held on 6/4/2020. Attorney Appearance(s): Carlos Javier Raurell, Melissa Damian Visconti. The Court will take under advisement and issue Order. Total time in court: 28 minutes. (Digital 10:34:00 - 10th Floor - Atkins Bldg) (mdc) (Entered: 06/04/2020)
2020-07-1628TRANSCRIPT of Telephonic Status Conference held on 06/04/2020 before Magistrate Judge Edwin G. Torres, 1-27 pages, Court Reporter: Stephen Franklin, 561-514-3768 / Stephen_Franklin@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/6/2020. Redacted Transcript Deadline set for 8/17/2020. Release of Transcript Restriction set for 10/14/2020. (Franklin, Stephen) (Entered: 07/16/2020)
2020-07-2929MOTION Plaintiff's Request for a Status Conference by Daniel Villanueva. (Attachments: # 1 Transcripts)(Visconti, Melissa) (Entered: 07/29/2020)
2020-09-1830PAPERLESS ORDER granting 29 Motion for Hearing: Telephonic Status Conference set for 10/5/2020 03:00 PM in Miami Division before Magistrate Judge Edwin G. Torres. Telephonic instructions are the same as for the last hearing noticed in the action. Signed by Magistrate Judge Edwin G. Torres on 9/18/2020. (EGT) (Entered: 09/18/2020)
2020-10-0531PAPERLESS Minute Entry for proceedings held before Magistrate Judge Edwin G. Torres: Status Conference held on 10/5/2020. Total time in court: 41 minutes. Attorney Appearance(s): Carlos Javier Raurell, Melissa Damian Visconti, (Digital EGT-01-10-05-2020 AT&T Teleconference) (mdc) (Entered: 10/05/2020)
2020-10-1932Unopposed MOTION for Extension of Time to File Motion for Summary Judgment by Daniel Villanueva. Responses due by 11/2/2020 (Attachments: # 1 Text of Proposed Order)(Visconti, Melissa) (Entered: 10/19/2020)
2020-10-2033PAPERLESS ORDER denying as moot 14 Motion for Preliminary Injunction; granting 32 Motion for Extension of Time. As addressed at the last status conference in the action, Plaintiff shall be filing a motion for summary judgment on the remaining issues raised in the complaint. The motion for extension to that effect is granted and the motion shall now be filed by 10/23/2020. In light of the adjudication of the remaining issues via summary judgment, the pending amended motion is terminated as moot and without prejudice. Signed by Magistrate Judge Edwin G. Torres on 10/20/2020. (EGT) (Entered: 10/20/2020)
2020-10-2334MOTION for Summary Judgment and Supporting Memorandum of Law by Daniel Villanueva. Responses due by 11/6/2020 (Attachments: # 1 Statement of Undisputed Material Facts in Support of Motion for Final Summary Judgment, # 2 Exhibit 1, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit O, # 18 Exhibit P, # 19 Exhibit Q, # 20 Exhibit R, # 21 Exhibit S)(Visconti, Melissa) (Entered: 10/23/2020)
2020-10-2635NOTICE of Filing Exhibits by Daniel Villanueva re 34 MOTION for Summary Judgment and Supporting Memorandum of Law (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 4) (Visconti, Melissa) Modified docket text on 10/27/2020 (nc). (Entered: 10/26/2020)
2020-10-2736Defendant's MOTION for clarification 30 Order on Motion for Hearing, 33 Order on Motion for Preliminary Injunction,,, Order on Motion for Extension of Time,, by The Federal Bureau of Investigation, United States Department of Justice. Responses due by 11/10/2020 (Raurell, Carlos) (Entered: 10/27/2020)
2020-10-2937PAPERLESS ORDER granting 36 Motion for Clarification. The Court clarifies that Defendants' deadline to respond to Plaintiff's 34 motion for summary judgment is no later than November 23, 2020. Signed by Magistrate Judge Edwin G. Torres on 10/29/2020. (ahg) (Entered: 10/29/2020)
2020-11-1738Defendant's Motion for Extension of Time to File Response/Reply/Answer as to 34 MOTION for Summary Judgment and Supporting Memorandum of Law </iI> by The Federal Bureau of Investigation, United States Department of Justice. Responses due by 12/1/2020 (Raurell, Carlos) Modified Relief on 11/17/2020 (ls). (Entered: 11/17/2020)
2020-11-1739Clerks Notice to Filer re 38 Unopposed MOTION for Extension of Time to Respond to Plaintiff's Motion for Summary Judgment re 34 MOTION for Summary Judgment and Supporting Memorandum of Law . Wrong Motion Relief(s) Selected ; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) (Entered: 11/17/2020)
2020-11-1840PAPERLESS ORDER granting 38 Defendants' motion for extension to respond to Plaintiff's motion for summary judgment. Defendants shall respond to the motion by no later than December 7, 2020 . Signed by Judge Kathleen M. Williams on 11/18/2020. (clu) (Entered: 11/18/2020)
2020-12-0741Cross MOTION for Summary Judgment and Response to Plaintiff's Motion for Summary Judgment by The Federal Bureau of Investigation, United States Department of Justice. Responses due by 12/21/2020 (Attachments: # 1 Exhibit Second Declaration of Michael G. Seidel, # 2 Appendix Exhibits to Second Seidel Declaration)(Raurell, Carlos) (Entered: 12/07/2020)
2020-12-0742Statement of: Undisputed Material Facts and Response to Plaintiff's Statement of Facts by The Federal Bureau of Investigation, United States Department of Justice (Raurell, Carlos) (Entered: 12/07/2020)
2020-12-1043ORDER OF REASSIGNMENT to Judge Aileen M. Cannon for all further proceedings, Judge Kathleen M. Williams no longer assigned to case. Signed by Judge Kathleen M. Williams on 12/9/2020. See attached document for full details. (yar) (Entered: 12/10/2020)
2020-12-1444Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 34 MOTION for Summary Judgment and Supporting Memorandum of Law , 41 Cross MOTION for Summary Judgment and Response to Plaintiff's Motion for Summary Judgment by Daniel Villanueva. (Attachments: # 1 Text of Proposed Order)(Visconti, Melissa) (Entered: 12/14/2020)
2020-12-1445PAPERLESS ORDER REASSIGNING CASE to Magistrate Judge Alicia M. Otazo-Reyes for all further proceedings, Magistrate Judge Edwin G. Torres no longer assigned to case. The undersigned certifies that there are no pending motions referred in the case as of this date. Accordingly, the case is suitable for reassignment pursuant to Admin. Order 2019-33 to the new District Judge's paired Magistrate Judge. Signed by Magistrate Judge Edwin G. Torres on 12/14/2020. (EGT) (Entered: 12/14/2020)
2020-12-1446PAPERLESS ORDER granting 44 Plaintiff's Unopposed Motion for Extension of Time to File Reply in Support of Motion for Summary Judgment and Response to Defendants' Cross Motion for Summary Judgment. Plaintiff shall file such papers on or before December 31, 2020. Signed by Judge Aileen M. Cannon on 12/14/2020. (AMC) (Entered: 12/14/2020)
2020-12-15Set Deadlines as to 41 Cross MOTION for Summary Judgment and Response to Plaintiff's Motion for Summary Judgment , 34 MOTION for Summary Judgment and Supporting Memorandum of Law . Responses due by 12/31/2020, Replies due by 12/31/2020, per DE 46 Order. (mc) (Entered: 12/15/2020)
2020-12-3147REPLY to Response to Motion re 34 MOTION for Summary Judgment and Supporting Memorandum of Law , 41 Cross MOTION for Summary Judgment and Response to Plaintiff's Motion for Summary Judgment Plaintiff's Reply in Support of Motion for Summary Judgment and Response to Defendants' Cross Motion for Summary Judgment filed by Daniel Villanueva. (Visconti, Melissa) (Entered: 12/31/2020)
2021-01-0548Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 47 Reply to Response to Motion, by The Federal Bureau of Investigation, United States Department of Justice. (Raurell, Carlos) (Entered: 01/05/2021)
2021-01-0749PAPERLESS ORDER granting 48 Defendants' Unopposed Motion for Extension of Time to File Reply in Support of Cross Motion for Summary Judgment. Reply is now due on or before January 14, 2021. Signed by Judge Aileen M. Cannon on 1/7/2021. (AMC) (Entered: 01/07/2021)
2021-01-07Set Deadlines per DE 49 Order as to 41 Cross MOTION for Summary Judgment. Replies due by 1/14/2021. (kpe) (Entered: 01/07/2021)
2021-01-1450REPLY to Response to Motion re 41 Cross MOTION for Summary Judgment and Response to Plaintiff's Motion for Summary Judgment filed by The Federal Bureau of Investigation, United States Department of Justice. (Attachments: # 1 Exhibit Third Declaration of Michael Seidel)(Raurell, Carlos) (Entered: 01/14/2021)
2021-03-3051NOTICE by The Federal Bureau of Investigation, United States Department of Justice re 34 MOTION for Summary Judgment and Supporting Memorandum of Law (Attachments: # 1 Exhibit Peter Baker's 2255 Motion) (Raurell, Carlos) (Entered: 03/30/2021)
2021-04-0852PAPERLESS ORDER of Referral to United States Magistrate Judge Alicia M. Otazo-Reyes. Pursuant to 28 U.S.C. § 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, this case is hereby referred to Magistrate Judge Alicia M. Otazo-Reyes for disposition of all pre-trial, non-dispositive motions and for a Report and Recommendation regarding dispositive motions, including Plaintiff's Motion for Summary Judgment 34 and Defendants' Cross Motion for Summary Judgment 41 . Signed by Judge Aileen M. Cannon on April 8, 2021. (ahz) (Entered: 04/08/2021)
2021-04-0953ORDER OF RECUSAL. Magistrate Judge Alicia M. Otazo-Reyes recused. Case reassigned to Ch. Magistrate Judge John J. O'Sullivan for all further proceedings. Motions referred to Judge John J. O'Sullivan. Signed by Judge Aileen M. Cannon on 4/9/2021. See attached document for full details. (vjk) (Entered: 04/09/2021)
2021-04-1554PAPERLESS ORDER of Referral to United States Magistrate Judge John J. O'Sullivan. Pursuant to 28 U.S.C. § 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, this case is hereby referred to Magistrate Judge John J. O'Sullivan for disposition of all pre-trial, non-dispositive motions and for a Report and Recommendation regarding dispositive motions, including 34 Plaintiff's Motion for Summary Judgment and 41 Defendants' Cross Motion for Summary Judgment. Signed by Judge Aileen M. Cannon on April 15, 2021. (ahz) (Entered: 04/15/2021)
2021-08-1255REPORT AND RECOMMENDATIONS granting in part 34 Plaintiff's MOTION for Summary Judgment and Supporting Memorandum of Law filed by Daniel Villanueva, and granting in part 41 Cross MOTION for Summary Judgment and Response to Plaintiff's Motion for Summary Judgment filed by United States Department of Justice, The Federal Bureau of Investigation. Objections to R&R due by 8/26/2021 Signed by Ch. Magistrate Judge John J. O'Sullivan on 8/12/2021. See attached document for full details. (mms) (Entered: 08/12/2021)
2021-08-2456Unopposed MOTION for Extension of Time to File Objection to Magistrate Judge's Report and Recoommendation re 55 REPORT AND RECOMMENDATIONS re 34 MOTION for Summary Judgment and Supporting Memorandum of Law filed by Daniel Villanueva, 41 Cross MOTION for Summary Judgment and Response to Plaintiff's Motion for Summary Judgment filed b by The Federal Bureau of Investigation, United States Department of Justice. Responses due by 9/7/2021 (Raurell, Carlos) (Entered: 08/24/2021)
2021-08-2557PAPERLESS ORDER granting 56 Defendants' Unopposed Motion for Extension of Time to File Objection to Magistrate Judge's Report and Recommendation. The parties shall file an objection to Magistrate Judge John J. O'Sullivan's Report and Recommendation 55 on or before September 9, 2021 . Signed by Judge Aileen M. Cannon on August 25, 2021. (ahz) (Entered: 08/25/2021)
2021-09-0858Unopposed MOTION for Extension of Time to File Objection to Magistrate Judge's Report and Recoommendation re 55 REPORT AND RECOMMENDATIONS re 34 MOTION for Summary Judgment and Supporting Memorandum of Law filed by Daniel Villanueva, 41 Cross MOTION for Summary Judgment and Response to Plaintiff's Motion for Summary Judgment filed b by The Federal Bureau of Investigation, United States Department of Justice. Responses due by 9/22/2021 (Raurell, Carlos) (Entered: 09/08/2021)
2021-09-0959PAPERLESS ORDER granting 58 Defendants' Second Unopposed Motion for Extension of Time to File Objection to Report and Recommendation. The parties shall file an objection to Magistrate Judge John J. O'Sullivan's Report and Recommendation 55 on or before September 16, 2021 . No further extensions of this deadline will be granted. Signed by Judge Aileen M. Cannon on September 9, 2021. (ahz) (Entered: 09/09/2021)
2021-09-1660OBJECTIONS to 55 Report and Recommendations by The Federal Bureau of Investigation, United States Department of Justice. (Raurell, Carlos) (Entered: 09/16/2021)
2021-09-2361ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS re DE# 55 is ADOPTED in full. Plaintiff's Motion for Summary Judgment DE# 34 is GRANTED IN PART AND DENIED IN PART as set forth in the Report. Defendants' Cross Motion for Summary Judgment DE# 41 is GRANTED IN PART AND DENIED IN PART as set forth in the Report. Certificate of Appealability: No Ruling. Signed by Judge Aileen M. Cannon on 9/23/2021. See attached document for full details. (ebz) (Entered: 09/23/2021)
2021-10-1562Defendant's MOTION for Entry of Production Schedule re 61 Order Adopting Report and Recommendations,, Order on Motion for Summary Judgment,, Order on Report and Recommendations,,, by The Federal Bureau of Investigation, United States Department of Justice. (Attachments: # 1 Exhibit Fourth Declaration of Michael G. Seidel)(Raurell, Carlos) (Entered: 10/15/2021)
2021-10-2963RESPONSE in Opposition re 62 Defendant's MOTION for Entry of Production Schedule re 61 Order Adopting Report and Recommendations,, Order on Motion for Summary Judgment,, Order on Report and Recommendations,,, and Motion for Order Sanctions for Violation of the Court's Order filed by Daniel Villanueva. Replies due by 11/5/2021. (Visconti, Melissa) (Entered: 10/29/2021)
2021-11-0364NOTICE by Daniel Villanueva of Substitution of Counsel . Attorney Russell Marc Landy added to party Daniel Villanueva(pty:pla). (Attachments: # 1 Text of Proposed Order) (Landy, Russell) (Entered: 11/03/2021)
2021-11-03Attorney Melissa Damian Visconti representing Villanueva, Daniel (Plaintiff) terminated. Per DE# 64 NOTICE OF SUBSTITUTION OF COUNSEL. (ebz) (Entered: 11/03/2021)
2021-11-0465Defendant's REPLY to Response to Motion re 62 Defendant's MOTION for Entry of Production Schedule re 61 Order Adopting Report and Recommendations,, Order on Motion for Summary Judgment,, Order on Report and Recommendations,,, filed by The Federal Bureau of Investigation, United States Department of Justice. (Raurell, Carlos) (Entered: 11/04/2021)
2021-11-0466ORDER GRANTING MOTION FOR SUBSTITUTION OF COUNSEL re 64 Notice of Substitution of Counsel. Melissa Damian Visconti shall be DISCHARGED of all further responsibilities for Plaintiff in these proceedings. Signed by Judge Aileen M. Cannon on 11/4/2021. See attached document for full details. (ebz) (Entered: 11/04/2021)
2021-11-1567Plaintiff's REPLY to Response to Motion re 62 Defendant's MOTION for Entry of Production Schedule re 61 Order Adopting Report and Recommendations,, Order on Motion for Summary Judgment,, Order on Report and Recommendations,,, re Plaintiff's Motion for Sanctions filed by Daniel Villanueva. (Landy, Russell) (Entered: 11/15/2021)
2021-12-1368ORDER granting in part and denying in part 62 Defendants' Motion for Entry of Production Schedule and denying 63 Plaintiff's Motion for Sanctions. Signed by Ch. Magistrate Judge John J. O'Sullivan on 12/13/2021. See attached document for full details. (mms) (Entered: 12/13/2021)
2022-01-1169STIPULATION of Settlement by The Federal Bureau of Investigation, United States Department of Justice (Raurell, Carlos) (Entered: 01/11/2022)
2022-01-1170Case Reassignment of Paired Magistrate Judge pursuant to Administrative Order(s) - 2022-5 to Magistrate Judge Melissa Damian. Ch. Magistrate Judge John J. O'Sullivan no longer assigned to case. (jmd) (Entered: 01/11/2022)
2022-01-1271ORDER ADOPTING JOINT STIPULATION OF SETTLEMENT AND CLOSING CASE. This case is DISMISSED WITHOUT PREJUDICE. Signed by Judge Aileen M. Cannon on 1/12/2022. See attached document for full details. (ebz) (Entered: 01/13/2022)
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