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Case TitleBurgos-Torres v. Hurd
DistrictDistrict of Connecticut
CityNew Haven
Case Number3:2023cv00010
Date Filed2023-01-05
Date ClosedOpen
JudgeJudge Omar A. Williams
PlaintiffJulio Burgos-Torres
Case DescriptionJulio Burgos-Torres, a federal prisoner, submitted a FOIA request to the Department of Justice for records concerning his involvement with the Carolina Boys. The agency acknowledged receipt of the request. The agency disclosed 1126 pages with redactions. Burgos-Torres filed an administrative request. The agency denied his appeal and Burgos-Torres filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search

DefendantMatthew Hurd
DefendantDepartment of Justice
DefendantFederal Bureau of Investigation
DefendantU.S. Drug Enforcement Administration
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-01-051COMPLAINT against All Defendants ( Filing fee $402 receipt number ACTDC-7187823.), filed by Julio Burgos-Torres.(Brown, Michael) (Entered: 01/05/2023)
2023-01-052Notice: Pursuant to Federal Rule of Civil Procedure 7.1 and Local Rule 7.1, any nongovernmental corporate party must electronically file a disclosure statement that identifies any parent corporation and any publicly held corporation owning 10% or more of its stock or states that there is no such corporation. Such disclosure statement must be filed with a party's first appearance, pleading, petition, motion, response, or other request addressed to the Court and must be supplemented if any required information changes during the case. Signed by Clerk on 1/5/2023.(Anastasio, F.) (Entered: 01/05/2023)
2023-01-05Judge Omar A. Williams and Judge Thomas O. Farrish added. (Oliver, T.) (Entered: 01/05/2023)
2023-01-053Order on Pretrial Deadlines: Amended Pleadings due by 3/7/2023 Discovery due by 7/8/2023 Dispositive Motions due by 8/12/2023 Signed by Clerk on 1/5/2023. (Barry, L) Modified on 1/6/2023 (Barry, L). (Entered: 01/06/2023)
2023-01-054ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Omar A. Williams on 1/5/2023. (Barry, L) (Entered: 01/06/2023)
2023-01-055Standing PROTECTIVE ORDER Signed by Judge Omar A. Williams on 1/5/2023. (Barry, L) (Entered: 01/06/2023)
2023-01-066NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of 3 Order on Pretrial Deadlines, 5 Protective Order, 2 Notice re: Disclosure Statement,, 1 Complaint filed by Julio Burgos-Torres, 4 Electronic Filing Order Signed by Clerk on 1/6/2023. (Barry, L) (Entered: 01/06/2023)
2023-01-13Request for Clerk to issue summons as to All Defendants. (Brown, Michael) (Entered: 01/13/2023)
2023-01-177ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Matthew Hurd* with answer to complaint due within *60* days. Attorney *Michael William Brown* *Koch, Garg & Brown, LLP* *8 West Main Street, Suite 2-10 06357* *Niantic, CT 06388*. (Barry, L) (Entered: 01/17/2023)
2023-06-298ORDER AND NOTICE. Plaintiff shall show cause on or before July 12, 2023, why this case should not be dismissed for failure to file a return of service, indicating that the complaint has been properly served. Plaintiff filed the Complaint in this case on January 5, 2023, ECF No. 1, and the Clerk issued the Summons on January 17, 2023, ECF No. 7. Federal Rule of Civil Procedure 4(m) provides, in relevant part, as follows: "If a defendant is not served within 90 days after the complaint is filed, the court--on motion or on its own after notice to the plaintiff--must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period." Fed. R. Civ. P. 4(m). If Plaintiff fails to comply with this Order and to file a response on or before July 11, 2023, explaining his failure to serve the Complaint within the requisite 90-day period, the case may be dismissed without further notice from the court. It is so ordered. Signed by Judge Omar A. Williams on 06/29/23. (Codeanne, K.) (Entered: 06/29/2023)
2023-07-079MOTION for Extension of Time until 07/14/2023 Serving Complaint and Filing Return of Service by Julio Burgos-Torres. (Brown, Michael) (Entered: 07/07/2023)
2023-07-1010ORDER granting Motion for Extension of Time, ECF No. 9, absent objection. The court extends its condolences to counsel on his recent loss. Plaintiff shall serve the Complaint on Defendant on or before July 14, 2023, and thereafter file the requisite Return of Service. It is so ordered. Signed by Judge Omar A. Williams on 07/10/23. (Codeanne, K.) (Entered: 07/10/2023)
2023-07-1411AFFIDAVIT of Service for Complaint served on United States, Matthew Hurd, Christina Troiani, Adam Siple on 7/12/2023 / 7/14/2023, filed by Julio Burgos-Torres. (Attachments: # 1 Exhibit Proof of Service)(Brown, Michael) (Entered: 07/14/2023)
2023-08-0912NOTICE of Appearance by Natalie Nicole Elicker on behalf of Matthew Hurd (Elicker, Natalie) (Entered: 08/09/2023)
2023-08-0913Consent MOTION for Extension of Time until 09/13/2023 to Respond to 1 Complaint by Matthew Hurd. (Elicker, Natalie) (Entered: 08/09/2023)
2023-08-1114ORDER granting ECF No. 13 , Motion for Extension of Time. Defendants shall file an answer on or before September 13, 2023. It is so ordered. Signed by Judge Omar A. Williams on 8/11/23. (Coghlan, Katharine) (Entered: 08/11/2023)
2023-08-11Answer deadline updated to 9-13-2023 per Dkt. 14 Order. (Shafer, J.) (Entered: 08/11/2023)
2023-09-0715NOTICE by Julio Burgos-Torres NOTICE OF FILING AMENDED COMPLAINT WITH CONSENT (Attachments: # 1 Exhibit Amended Complaint)(Brown, Michael) (Entered: 09/07/2023)
2023-09-1316NOTICE of Appearance by Natalie Nicole Elicker on behalf of Department of Justice, Federal Bureau of Investigation, U.S. Drug Enforcement Administration and Request to Amend Case Caption (Elicker, Natalie) (Entered: 09/13/2023)
2023-09-1317ANSWER to Complaint with Affirmative Defenses - Answer to Amended Complaint [15-1] by Department of Justice, Federal Bureau of Investigation, U.S. Drug Enforcement Administration.(Elicker, Natalie) (Entered: 09/13/2023)
2023-10-2318NOTICE of Appearance by J. Brian Meskill on behalf of Department of Justice, Federal Bureau of Investigation, Matthew Hurd, U.S. Drug Enforcement Administration (Meskill, J. Brian) (Entered: 10/23/2023)
2023-10-2419MOTION for Natalie N. Elicker to Withdraw as Attorney by Department of Justice, Federal Bureau of Investigation, Matthew Hurd, U.S. Drug Enforcement Administration. (Elicker, Natalie) (Entered: 10/24/2023)
2023-10-2520ORDER granting ECF No. 19 , Motion to Withdraw. Attorney Elicker hereby is terminated from this action. It is so ordered. Signed by Judge Omar A. Williams on 10/25/23. (Coghlan, Katharine) (Entered: 10/25/2023)
2023-12-2021PROPOSED ORDER - JOINT Proposed Scheduling Order by Department of Justice, Federal Bureau of Investigation, U.S. Drug Enforcement Administration. (Meskill, J. Brian) (Entered: 12/20/2023)
2024-01-0222GENERAL SCHEDULING ORDER. The court thanks the parties for submitting their proposed schedule, see ECF No. 21 , and hereby APPROVES and ADOPTS all deadlines and procedures proposed therein. All discovery shall be completed on or before February 16, 2024, and all interim discovery deadlines hereby are incorporated by reference. All interim discovery deadlines may be amended by agreement of the parties without the court's approval provided those amendments do not delay the deadline for completion of all discovery. The parties shall submit a status report on or before March 18, 2024. Any motions for summary judgment shall be filed on or before May 17, 2024. It is so ordered. Signed by Judge Omar A. Williams on 1/2/2024.(Coghlan, Katharine) (Entered: 01/02/2024)
2024-01-02Set Deadlines: Discovery due by 2/16/2024; Dispositive Motions due by 5/17/2024; Status Report due by 3/18/2024. (Velez, Frances) (Entered: 01/03/2024)
2024-02-1223First MOTION for Extension of Time until March 29, 2024 for final production by Department of Justice, Federal Bureau of Investigation, U.S. Drug Enforcement Administration. (Meskill, J. Brian) (Entered: 02/12/2024)
2024-02-2124ORDER granting ECF No. 23 , Motion for Extension of Time. All discovery shall be completed on or before March 29, 2024. It is so ordered. Signed by Judge Omar A. Williams on 2/21/24. (Coghlan, Katharine) (Entered: 02/21/2024)
2024-02-21Set Deadline: Discovery due by 3/29/2024. (Velez, F) (Entered: 02/21/2024)
2024-03-1825Joint STATUS REPORT AND MOTION TO AMEND SCHEDULE by Department of Justice, Federal Bureau of Investigation, U.S. Drug Enforcement Administration. (Meskill, J. Brian) (Entered: 03/18/2024)
2024-03-1926ORDER. The court thanks the parties for submitting their joint status report, see ECF No. 25 , and grants the motion for extension of time. The parties shall submit a status report on or before April 30, 2024. Any motions for summary judgment shall be filed on or before June 30, 2024. It is so ordered. Signed by Judge Omar A. Williams on 3/19/24.(Coghlan, K) (Entered: 03/19/2024)
2024-03-20Reset deadlines: status report due by 4-30-2024 and any motions for summary judgment due by 6-30-2024 per Dkt. 26 Order. (Shafer, J.) (Entered: 03/20/2024)
2024-04-3027Joint STATUS REPORT by Department of Justice, Federal Bureau of Investigation, U.S. Drug Enforcement Administration. (Meskill, J. Brian) (Entered: 04/30/2024)
2024-06-0628Joint MOTION for Extension of Time until July 31, 2024 to file a motion for summary judgment by Department of Justice, Federal Bureau of Investigation, U.S. Drug Enforcement Administration. (Meskill, J. Brian) (Entered: 06/06/2024)
2024-06-0729ORDER granting ECF No. 28 , Motion for Extension of Time. Any motions for summary judgment shall be filed on or before July 31, 2024. It is so ordered. Signed by Judge Omar A. Williams on 6/7/24. (Coghlan, K) (Entered: 06/07/2024)
2024-06-07Set Deadline: Dispositive Motions due by 7/31/2024. (Velez, F) (Entered: 06/10/2024)
2024-07-2630Joint MOTION for Extension of Time until August 23, 2024 to file a motion for summary judgment by Department of Justice, Federal Bureau of Investigation, U.S. Drug Enforcement Administration. (Meskill, J. Brian) (Entered: 07/26/2024)
2024-07-3031ORDER Granting Joint Motion for Extension of Time. The court GRANTS the parties' joint motion. See ECF No. 30 . Any motions for summary judgment shall be filed on or before August 23, 2024. It is so ordered. Signed by Judge Omar A. Williams on July 30, 2024. (Lussier, Nicolas) (Entered: 07/30/2024)
2024-07-30Set Deadline: Dispositive Motions due by 8/23/2024. (Velez, F) (Entered: 07/31/2024)
2024-08-2332MOTION for Summary Judgment by Department of Justice, Federal Bureau of Investigation, U.S. Drug Enforcement Administration.Responses due by 9/13/2024 (Attachments: # 1 Memorandum in Support, # 2 Statement of Material Facts - Local Civil Rule 56(a)1, # 3 Ex. A - DEA Delo Decl., # 4 Exhibit Atchs. to Delo Decl., # 5 DEA Vaughn Index Atch. to Delo Decl., # 6 Ex. B - ATF Kravitz Decl., # 7 Exhibit Atchs. to Kravitz Decl., # 8 ATF Vaughn Index Part 1 Atch. to Kravitz Decl., # 9 ATF Vaughn Index Part 2 Atch. to Kravitz Decl., # 10 ATF Vaughn Index Part 3 Atch. to Kravitz Decl., # 11 ATF Vaughn Index Part 4 Atch. to Kravitz Decl., # 12 Ex. C - OCDETF Brudy-Everett Decl., # 13 Ex. D - FBI Seidel Decl., # 14 Exhibit Atchs. to Seidel Decl.)(Meskill, J. Brian) (Entered: 08/23/2024)
2024-09-2333MOTION for Extension of Time to File Response/Reply Nunc Pro Tunc as to 32 MOTION for Summary Judgment until 9/23/2024 by Julio Burgos-Torres. (Brown, Michael) (Entered: 09/23/2024)
2024-09-2334Memorandum in Opposition re 32 MOTION for Summary Judgment filed by Julio Burgos-Torres. (Attachments: # 1 Statement of Material Facts Statement of Facts in Opposition to Summary Judgment, # 2 Affidavit Declaration of Julio Burgos-Torres, # 3 Exhibit Exhibits to Declaration of Julio Burgos-Torres, # 4 Affidavit Declaration of Michael W. Brown, # 5 Exhibit Exhibits to Declaration of Michael W. Brown)(Brown, Michael) (Entered: 09/23/2024)
2024-09-2435ORDER Granting 33 Motion for Extension of Time. The court grants the motion. The filing at ECF No. 32 is accepted. The court sua sponte extends the deadline to reply to Plaintiff's response. The defendants' reply will be due October 21, 2024. It is so ordered. Signed by Judge Omar A. Williams on 9/24/2024. (Lussier, Nicolas) (Entered: 09/24/2024)
2024-09-24Reset Deadlines as to 32 MOTION for Summary Judgment: Response due by 10/21/2024. (Velez, F) (Entered: 09/24/2024)
2024-10-2136RESPONSE re 34 Memorandum in Opposition to Motion, filed by Department of Justice, Federal Bureau of Investigation, U.S. Drug Enforcement Administration. (Meskill, J. Brian) (Entered: 10/21/2024)
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