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Case TitleKITLINSKI v. U.S. EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv01510
Date Filed2023-05-25
Date Closed2024-08-29
JudgeChief Judge James E. Boasberg
PlaintiffDAREK KITLINSKI
Case DescriptionDarek Kitlinski submitted a FOIA request to the Executive Office for U.S. Attorneys for records concerning mentioning his name in correspondence between two AUSAs in the Eastern District of Virginia. The agency acknowledged receipt of the request and told Kitlinski that it fell within the unusual circumstances' exception. Kitlinski filed an administrative appeal with the Office of Information Policy. After hearing further from the agency, Kitlinski filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Recovery of Costs

DefendantU.S. EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-05-251COMPLAINT against U.S. EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS (Filing fee $ 402, receipt number 204751) filed by DAREK J. KITTLINSKI. (Attachments: # 1 Exhibits A - D, # 2 Civil Cover Sheet)(ztth) (Entered: 05/26/2023)
2023-05-25SUMMONS (3) Issued as to U.S. EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS, U.S. Attorney and U.S. Attorney General. (ztth) (Entered: 05/26/2023)
2023-05-252NOTICE OF RELATED CASE by DAREK J. KITTLINSKI. Case related to Case No. 22-2976. (ztth) (Entered: 05/26/2023)
2023-06-013RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/1/2023. ( Answer due for ALL FEDERAL DEFENDANTS by 7/1/2023.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 06/01/2023., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS served on 6/1/2023 (zjm) (Entered: 06/07/2023)
2023-06-274NEW Pro Se Consent To Receive Notices of Electronic Filing by DAREK J. KITLINSKI. (ztth) (Main Document 4 replaced on 6/30/2023) (ztth). (Entered: 06/29/2023)
2023-06-275MOTION for CM/ECF Password by DAREK J. KITLINSKI. (ztth) (Entered: 06/29/2023)
2023-06-30MINUTE ORDER: The Court ORDERS that Plaintiff's 5 Motion is GRANTED provided that he complies with all requirements of the Clerk's Office. So ORDERED by Chief Judge James E. Boasberg on 6/30/2023. (lcjeb2) (Entered: 06/30/2023)
2023-07-036NOTICE of Appearance by Fithawi Berhane on behalf of U.S. EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS (Berhane, Fithawi) (Entered: 07/03/2023)
2023-07-037ANSWER to 1 Complaint by U.S. EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS.(Berhane, Fithawi) (Entered: 07/03/2023)
2023-07-05MINUTE ORDER: The Court ORDERS that the parties shall confer and submit a joint proposed briefing schedule by July 19, 2023. So ORDERED by Chief Judge James E. Boasberg on 7/5/2023. (lcjeb2) (Entered: 07/05/2023)
2023-07-05Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 7/19/2023. (znbn) (Entered: 07/07/2023)
2023-07-198STATUS REPORT by U.S. EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS. (Berhane, Fithawi) (Entered: 07/19/2023)
2023-07-199STATUS REPORT by DAREK KITLINSKI. (KITLINSKI, DAREK) (Entered: 07/19/2023)
2023-07-2010First MOTION for Hearing re 9 Status Report by DAREK KITLINSKI. (KITLINSKI, DAREK) (Entered: 07/20/2023)
2023-07-20MINUTE ORDER: The Court ADOPTS the Defendant's 8 Status Report and ORDERS that it shall file a further status report by September 4, 2023. So ORDERED by Chief Judge James E. Boasberg on 07/20/2023. (lcjeb3) (Entered: 07/20/2023)
2023-07-20MINUTE ORDER: The Court ORDERS that Plaintiff's 10 Motion for Hearing is DENIED. He does not raise issues that require the Court's intervention. So ORDERED by Chief Judge James E. Boasberg on 07/20/2023. (lcjeb3) (Entered: 07/20/2023)
2023-07-20Set/Reset Deadlines: Status Report due by 9/4/2023. (nbn) (Entered: 07/20/2023)
2023-09-0511STATUS REPORT by U.S. EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS. (Berhane, Fithawi) (Entered: 09/05/2023)
2023-09-06MINUTE ORDER: The Court ORDERS that if Plaintiff opposes the Government's proposal contained in its 11 Status Report, he shall file his position in a Status Report by September 12, 2023. So ORDERED by Chief Judge James E. Boasberg on 9/6/2023. (lcjeb2) (Entered: 09/06/2023)
2023-09-1212RESPONSE TO ORDER OF THE COURT re Order, filed by DAREK KITLINSKI. (KITLINSKI, DAREK); Modified text and docketing event on 9/18/2023 (ztth). (Entered: 09/12/2023)
2023-09-13MINUTE ORDER: In light of the two 11 , 12 , Status Reports submitted, the Court agrees that the Government has not sufficiently explained why it needs two more months on a fairly basic request. The Court, accordingly, ORDERS that the parties shall file a further Joint Status Report by October 10, 2023. So ORDERED by Chief Judge James E. Boasberg on 9/13/2023. (lcjeb2) (Entered: 09/13/2023)
2023-09-13Set/Reset Deadlines: Joint Status Report due by 10/10/2023. (nbn) (Entered: 09/13/2023)
2023-09-13Set/Reset Deadlines: Joint Status Report due by 10/10/2023. (nbn) (Entered: 09/18/2023)
2023-10-1013STATUS REPORT by U.S. EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS. (Berhane, Fithawi) (Entered: 10/10/2023)
2023-10-11MINUTE ORDER: The Court ADOPTS Defendant's 13 Status Report and ORDERS that Plaintiff shall file a further status report by November 28, 2023. So ORDERED by Chief Judge James E. Boasberg on 10/11/2023. (lcjeb2) (Entered: 10/11/2023)
2023-10-11Set/Reset Deadlines: Joint Status Report due by 11/28/2023. (nbn) (Entered: 10/11/2023)
2023-10-11Set/Reset Deadlines: Joint Status Report due by 11/28/2023. (nbn) (Entered: 10/12/2023)
2023-10-1214STATUS REPORT by U.S. EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS. (Berhane, Fithawi) (Entered: 10/12/2023)
2023-10-12MINUTE ORDER: The Court ADOPTS Defendant's 14 Status Report and ORDERS that: 1) Defendant shall produce the responsive records at a rate of approximately 400 pages per month and complete its production by February 12, 2024; and 2) Plaintiff shall file a further status report within one week after Defendant's production is complete. So ORDERED by Chief Judge James E. Boasberg on 10/12/2023. (lcjeb2) (Entered: 10/12/2023)
2023-10-12Set/Reset Deadlines: Defendant shall produce the responsive records at a rate of approximately 400 pages per month and complete its production by 2/12/2024. (znbn) (Entered: 10/12/2023)
2023-12-0415First MOTION to Compel Compliance with Court's Minute Order and Request for a Status Conference by DAREK KITLINSKI. (KITLINSKI, DAREK). Added MOTION for Hearing on 12/7/2023 (znmw). (Entered: 12/04/2023)
2023-12-04MINUTE ORDER: The Court ORDERS that Plaintiff's 15 Motion to Compel is DENIED WITHOUT PREJUDICE for failure to comply with LCvR 7(m). So ORDERED by Chief Judge James E. Boasberg on 12/4/2023. (lcjeb2) (Entered: 12/04/2023)
2023-12-0616WITHDRAWN PURSUANT TO MINUTE ORDER FILED 12/7/2023.....Second MOTION to Compel Compliance with Court's Minute Order and Request for a Status Conference by DAREK KITLINSKI. (KITLINSKI, DAREK). Added MOTION for Hearing on 12/7/2023 (znmw). Modified on 12/8/2023 (znmw). (Entered: 12/06/2023)
2023-12-0717Unopposed MOTION to Withdraw 16 Second MOTION to Compel Compliance with Court's Minute Order and Request for a Status Conference MOTION for Hearing by DAREK KITLINSKI. (KITLINSKI, DAREK) (Entered: 12/07/2023)
2023-12-07MINUTE ORDER: The Court ORDERS that: 1) Plaintiff's 17 Motion to Withdraw is GRANTED; and 2) His 16 Motion to Compel is WITHDRAWN. So ORDERED by Chief Judge James E. Boasberg on 12/7/2023. (lcjeb2) (Entered: 12/07/2023)
2024-02-23MINUTE ORDER: The Court ORDERS that the parties shall file a Joint Status Report by March 1, 2024. So ORDERED by Chief Judge James E. Boasberg on 2/23/2024. (lcjeb2) (Entered: 02/23/2024)
2024-02-23Set/Reset Deadlines: Joint Status Report due by 3/1/2024. (znbn) (Entered: 02/23/2024)
2024-03-0118STATUS REPORT by U.S. EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS. (Berhane, Fithawi) (Entered: 03/01/2024)
2024-03-04MINUTE ORDER: The Court ORDERS that Plaintiff shall file a Status Report by March 11, 2024, indicating whether he wishes to proceed with the case after review of the produced documents. So ORDERED by Chief Judge James E. Boasberg on 3/4/2024. (lcjeb2) (Entered: 03/04/2024)
2024-03-04Set/Reset Deadlines: Joint Status Report due by 3/11/2024. (znbn) (Entered: 03/05/2024)
2024-03-1119STATUS REPORT by DAREK KITLINSKI. (KITLINSKI, DAREK) (Entered: 03/11/2024)
2024-03-12MINUTE ORDER: Given Plaintiff's 19 Status Report, the Court ORDERS that the parties shall submit a joint proposed briefing schedule by March 21, 2024. So ORDERED by Chief Judge James E. Boasberg on 3/12/2024. (lcjeb2) (Entered: 03/12/2024)
2024-03-12Set/Reset Deadlines: Joint Status Report due by 3/21/2024. (znbn) (Entered: 03/13/2024)
2024-03-2120STATUS REPORT by U.S. EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS. (Berhane, Fithawi) (Entered: 03/21/2024)
2024-03-2121STATUS REPORT by DAREK KITLINSKI. (KITLINSKI, DAREK) (Entered: 03/21/2024)
2024-03-22MINUTE ORDER: The Court ADOPTS Defendant's 20 Status Report and ORDERS that: 1) Defendant's Motion for Summary Judgment is due by June 3, 2024; 2) Plaintiff's Cross-Motion for Summary Judgment and Opposition to Defendant's Motion is due by July 15, 2024; 3) Defendant's Opposition to Plaintiff's Cross-Motion and Reply in further support of its Motion is due by August 26, 2024; and 4) Plaintiff's Reply in support of its Cross-Motion for Summary Judgment is due by September 30, 2024. So ORDERED by Chief Judge James E. Boasberg on 3/22/2024. (lcjeb2) (Entered: 03/22/2024)
2024-03-22Set/Reset Deadlines: Summary Judgment motions due by 6/3/2024. Response to Motion for Summary Judgment due by 7/15/2024. Cross Motions due by 7/15/2024. Reply to Motion for Summary Judgment due by 8/26/2024. Response to Cross Motions due by 8/26/2024. Reply to Cross Motions due by 9/30/2024. (znbn) (Entered: 03/22/2024)
2024-05-1322STATUS REPORT by U.S. EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS. (Berhane, Fithawi) (Entered: 05/13/2024)
2024-05-13MINUTE ORDER: Given the parties' 22 Joint Status Report, the Court ORDERS that: 1) The briefing schedule set on March 22, 2024, is VACATED; and 2) The parties shall submit a further JSR by June 10, 2024. So ORDERED by Chief Judge James E. Boasberg on 5/13/2024. (lcjeb2) (Entered: 05/13/2024)
2024-05-13Set/Reset Deadlines: Joint Status Report due by 6/10/2024. (znbn) (Entered: 05/13/2024)
2024-06-2823STATUS REPORT by DAREK KITLINSKI. (KITLINSKI, DAREK) (Entered: 06/28/2024)
2024-07-02MINUTE ORDER: As only Plaintiff has filed a Status Report as required, the Court ORDERS that the Government shall file one by July 3, 2024. So ORDERED by Chief Judge James E. Boasberg on 7/2/2024. (lcjeb2) (Entered: 07/02/2024)
2024-07-02Set/Reset Deadlines: Government Status Report due by 7/3/2024. (znbn) (Entered: 07/02/2024)
2024-07-0324STATUS REPORT by U.S. EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS. (Berhane, Fithawi) (Entered: 07/03/2024)
2024-07-03MINUTE ORDER: The Court ADOPTS the Government's 24 Status Report and ORDERS that it shall file a further status report by July 16, 2024. So ORDERED by Chief Judge James E. Boasberg on 7/3/2024. (lcjeb2) (Entered: 07/03/2024)
2024-07-03Set/Reset Deadlines: Joint Status Report due by 7/16/2024. (znbn) (Entered: 07/05/2024)
2024-07-1625STATUS REPORT by U.S. EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS. (Berhane, Fithawi) (Entered: 07/16/2024)
2024-07-16MINUTE ORDER: The Court ADOPTS the Defendant's 25 Status Report and ORDERS that Plaintiff shall file a status report by August 12, 2024, apprising the Court as to whether he intends to voluntarily dismiss this action or proceed with summary-judgment briefing. So ORDERED by Chief Judge James E. Boasberg on 7/16/2024. (lcjeb2) (Entered: 07/16/2024)
2024-07-17Set/Reset Deadlines: Status Report due by 8/1/2024. (znbn) (Entered: 07/17/2024)
2024-08-29MINUTE ORDER: As Plaintiff has not responded to the Court's Minute Order of July 16, 2024, indicating that he wishes to proceed with the case, the Court must assume that he is satisfied with the Government's FOIA production. The Court thus ORDERS that the case is DISMISSED WITH PREJUDICE. So ORDERED by Chief Judge James E. Boasberg on 08/29/2024. (lcjeb2) (Entered: 08/29/2024)
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