Skip to content

Case Detail

[Subscribe to updates]
Case TitleBARTH v. UNITED STATES DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv02920
Date Filed2023-09-28
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffJOHN S. BARTH
Case DescriptionJohn Barth submitted a FOIA request to the Department of Justice for records concerning criminal allegations about a political party. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Barth filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF JUSTICE
DefendantFEDERAL BUREAU OF INVESTIGATION
DefendantFEDERAL BUREAU OF INVESTIGATION
TERMINATED: 07/15/2024
DefendantHOMELAND SECURITY INVESTIGATIONS
DefendantHOMELAND SECURITY INVESTIGATIONS
TERMINATED: 07/15/2024
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-09-281COMPLAINT against FEDERAL BUREAU OF INVESTIGATION, HOMELAND SECURITY INVESTIGATIONS, UNITED STATES DEPARTMENT OF JUSTICE ( Filing fee $ 402, receipt number 205679) filed by JOHN S. BARTH. (Attachments: # 1 Exhibits, # 2 Civil Cover Sheet)(zjm) (Entered: 10/04/2023)
2023-09-28SUMMONS (4) Issued as to FEDERAL BUREAU OF INVESTIGATION, HOMELAND SECURITY INVESTIGATIONS, UNITED STATES DEPARTMENT OF JUSTICE, and U.S. Attorney. (zjm) (Entered: 10/04/2023)
2023-09-282MOTION for CM/ECF Password by JOHN S. BARTH. (zjm) (Entered: 10/04/2023)
2023-11-243ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 11/24/23. (DM) (Entered: 11/24/2023)
2023-11-27MINUTE ORDER denying Plaintiff's 2 Motion for CM/ECF User Name and Password. Pursuant to Local Rule of Civil Procedure a "pro se party may obtain a CM/ECF user name and password from the Clerk with leave of Court." The decision whether to grant the motion "is within the discretion of the judge to whom the case is assigned." The motion must describe the party's access to the internet and certify that he "either has successfully completed the entire Clerk's Office on-line tutorial or has been permitted to file electronically in other federal courts." LCvR 5.4(b)(2). Plaintiff has included the appropriate information in his 2 Motion, stating that he has regular access to the Internet and has completed the on-line tutorial. However, in the short history of this case so far, Plaintiff has demonstrated sufficient ability to file pleadings on the docket. Therefore, in an exercise of the Court's discretion, Plaintiff's 2 Motion for CM/ECF User Name and Password is DENIED WITHOUT PREJUDICE . The Clerk of Court will continue to mail copies of docket entries to Plaintiff, and, if necessary, Chambers will provide courtesy copies via email. The Clerk of Court is respectfully directed to mail a copy of this minute order to Plaintiff at his address of record . Signed by Judge Colleen Kollar-Kotelly on November 27, 2023. (lcckk1) (Entered: 11/27/2023)
2024-01-024Rule 4(m) Order. The Clerk of Court is respectfully directed to mail a copy of this Order to the pro se Plaintiff at their address of record. Signed by Judge Colleen Kollar-Kotelly on January 2, 2024. (lcckk1) (Entered: 01/02/2024)
2024-01-02Set/Reset Deadlines: Time to effectuate service upon party due by 2/15/2024. (dot) (Entered: 01/02/2024)
2024-01-065RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 01/03/2024., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 1/3/2024; HOMELAND SECURITY INVESTIGATIONS served on 1/2/2024; UNITED STATES DEPARTMENT OF JUSTICE served on 1/3/2024, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/6/2024. ( Answer due for ALL FEDERAL DEFENDANTS by 2/5/2024.) (zjm) (Entered: 01/08/2024)
2024-01-176MOTION to Provide Summons by JOHN S. BARTH. (zjm) (Entered: 01/22/2024)
2024-01-177REQUEST FOR SUMMONS TO ISSUE filed by JOHN S. BARTH.(zjm) (Entered: 01/22/2024)
2024-01-188RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 01/03/2024., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. HOMELAND SECURITY INVESTIGATIONS served on 1/4/2024 (zjm) (Entered: 01/22/2024)
2024-01-22SUMMONS (1) Issued as to U.S. Attorney (zjm) (Entered: 01/22/2024)
2024-01-23MINUTE ORDER: Upon review of the docket, it appears that the relief Plaintiff seeks in his 6 Second Motion to Issue Summons has been obtained. Summons was issued on January 22, 2024. Accordingly, the Court shall DENY AS MOOT Plaintiff's 6 Second Motion to Issue Summons. The Clerk of Court is respectfully directed to mail a copy of this minute order to Plaintiff at his address of record. Signed by Judge Colleen Kollar-Kotelly on 1/23/2024. (lcckk1) (Entered: 01/23/2024)
2024-02-089RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/31/2024. Answer due for ALL FEDERAL DEFENDANTS by 3/1/2024. (zjm) (Entered: 02/08/2024)
2024-02-1210NOTICE of Appearance by Kaitlin Kerry Eckrote on behalf of All Defendants (Eckrote, Kaitlin) (Entered: 02/12/2024)
2024-02-1211CERTIFICATE OF SERVICE by FEDERAL BUREAU OF INVESTIGATION, HOMELAND SECURITY INVESTIGATIONS, UNITED STATES DEPARTMENT OF JUSTICE . (Eckrote, Kaitlin) (Entered: 02/12/2024)
2024-02-1212NOTICE of Consent by JOHN S. BARTH (zjm) (Entered: 02/14/2024)
2024-02-1413Consent MOTION for Extension of Time to File Answer re 1 Complaint, by FEDERAL BUREAU OF INVESTIGATION, HOMELAND SECURITY INVESTIGATIONS, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Eckrote, Kaitlin) (Entered: 02/14/2024)
2024-02-15MINUTE ORDER: The Court is in receipt of Defendants' 13 Consent Motion for Extension of Time to Respond. Therein, Defendants request that the Court extend the deadline to respond to Plaintiff's Complaint by thirty days. Counsel for Defendants explains that additional time is required to "discuss this matter with the relevant agency, explore whether this case may be resolved without litigation, and if not, formulate Defendants' response to" the Complaint. In light of Plaintiff's consent, and upon good cause shown, the Court shall GRANT Defendants' 13 Consent Motion for Extension of Time to Respond. Defendants shall file an answer or otherwise respond to the Complaint on or before April 1, 2024 . Signed by Judge Colleen Kollar-Kotelly on 2/15/2024. (lcckk1) (Entered: 02/15/2024)
2024-02-15Set/Reset Deadlines: Defendants shall file an answer or otherwise respond to the Complaint on or before 4/1/2024. (dot) (Entered: 02/15/2024)
2024-04-0114MOTION to Dismiss in part , MOTION for Partial Summary Judgment by FEDERAL BUREAU OF INVESTIGATION, HOMELAND SECURITY INVESTIGATIONS, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration, # 4 Declaration, # 5 Text of Proposed Order, # 6 Certificate of Service)(Eckrote, Kaitlin) (Entered: 04/01/2024)
2024-04-0115ORDER setting briefing schedule. The Clerk of Court is respectfully directed to mail a copy of this Order to the pro se Plaintiff at his address of record. Signed by Judge Colleen Kollar-Kotelly on 4/1/2024. (lcckk1) (Entered: 04/01/2024)
2024-04-01Set/Reset Deadlines: Plaintiff's Response to 14 due by 5/6/2024. Defendants' Reply due by 5/13/2024. (dot) (Entered: 04/04/2024)
2024-04-0716RESPONSE re 14 MOTION to Dismiss in part MOTION for Partial Summary Judgment filed by JOHN S. BARTH. (zdp) (Entered: 04/08/2024)
2024-04-1118Memorandum in opposition to re 14 Motion to Dismiss,, Motion for Partial Summary Judgment, filed by JOHN S. BARTH. (Attachment: # 1 Text of Proposed Order)(zjm) (Entered: 04/19/2024)
2024-04-1517REPLY to opposition to motion re 14 MOTION to Dismiss in part MOTION for Partial Summary Judgment filed by FEDERAL BUREAU OF INVESTIGATION, HOMELAND SECURITY INVESTIGATIONS, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Certificate of Service)(Eckrote, Kaitlin) (Entered: 04/15/2024)
2024-04-3019MOTION for Leave to File Surreply by JOHN S. BARTH. "LEAVE TO FILE GRANTED." signed by Judge Colleen Kollar-Kotelly on 04/30/2024 (zjm) (Entered: 04/30/2024)
2024-04-30MINUTE ORDER: The Court is in receipt of pro se Plaintiff's 19 Motion for Leave to File A Surreply. In general, surreplies are "disfavored," and it is within the discretion of the district court to grant or deny leave to file a surreply. See Crummy v. SSA , 794 F. Supp. 2d 46, 62 (D.D.C. 2011). Based on a review of the parties' briefing, the Court concludes that a surreply is not warranted at this time. If, however, when ruling on the pending 14 Motion for Summary Judgment in Part or in the Alternative to Dismiss, the Court determines that a surreply would be beneficial, the Court shall request such from the parties. Accordingly, the Court shall DENY WITHOUT PREJUDICE Plaintiff's 19 Motion for Leave to File a Surreply. The Clerk of Court is respectfully directed to mail a copy of this minute order to the pro se Plaintiff at his address of record. Signed by Judge Colleen Kollar-Kotelly on 4/30/2024. (lcckk1) (Entered: 04/30/2024)
2024-06-0620MOTION for Summary Judgment by JOHN S. BARTH. (zjm) (Entered: 06/14/2024)
2024-06-0621ERRATA by JOHN S. BARTH re 20 Motion for Summary Judgment. (zjm) (Entered: 06/14/2024)
2024-06-2022MOTION to Hold in Abeyance re 21 Errata, 20 MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION, HOMELAND SECURITY INVESTIGATIONS, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Eckrote, Kaitlin) (Entered: 06/20/2024)
2024-07-1523MEMORANDUM OPINION AND ORDER granting Defendants FBI and HSI's 14 Motion for Summary Judgment in Part or, in the Alternative, to Dismiss, and denying in part Plaintiff's 21 Motion for Summary Judgment as to Defendants FBI and HSI. Plaintiff's 21 Motion for Summary Judgment is denied without prejudice as to Defendant DOJ. Defendant DOJ is hereby ORDERED to file an answer or otherwise respond to the Complaint on or before July 29, 2024 . The Clerk of Court is respectfully directed to mail a copy of this Memorandum Opinion and Order to pro se Plaintiff at his address of record. Signed by Judge Colleen Kollar-Kotelly on 7/15/2024. (lcckk1) (Entered: 07/15/2024)
2024-07-15MINUTE ORDER: In light of the Court's 23 Memorandum Opinion and Order, the 22 Order on Motion to Hold in Abeyance is hereby DENIED AS MOOT . Signed by Judge Colleen Kollar-Kotelly on 7/15/2024. (lcckk1) (Entered: 07/15/2024)
2024-07-15Set/Reset Deadlines: Answer due by 7/29/2024. (dot) (Entered: 07/18/2024)
2024-07-1824MOTION for Reconsideration re 23 Order on Motion to Dismiss,, by JOHN S. BARTH. (zjm) (Entered: 07/24/2024)
2024-07-25MINUTE ORDER: The Court is in receipt of Plaintiff's 24 Motion for Reconsideration and Order of Compliance. The Court sets the following briefing schedule: Defendants shall file a response on or before August 8, 2024 ; Plaintiff may file a reply on or before August 22, 2024 . The Clerk of Court is respectfully directed to mail a copy of this minute order to the pro se Plaintiff at his address of record. Signed by Judge Colleen Kollar-Kotelly on 7/25/2024. (lcckk1) (Entered: 07/25/2024)
2024-07-25Set/Reset Deadlines: Defendants' Response to 24 due by 8/8/2024. Plaintiff's Reply due by 8/22/2024. (dot) (Entered: 07/29/2024)
2024-07-2925ANSWER to 1 Complaint, by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Certificate of Service)(Eckrote, Kaitlin) (Entered: 07/29/2024)
2024-07-2926ORDER directing the parties to file a joint status report no later than August 29, 2024 . The Clerk of Court is respectfully directed to mail a copy of this Order to the pro se Plaintiff at his address of record. Signed by Judge Colleen Kollar-Kotelly on 7/29/2024. (lcckk1) (Entered: 07/29/2024)
2024-07-29Set/Reset Deadlines: Joint Meet & Confer Statement due by 8/29/2024. (dot) (Entered: 07/29/2024)
2024-08-0428RESPONSE re 25 Answer to Complaint filed by JOHN S. BARTH. (zjm) (Entered: 08/07/2024)
2024-08-0627Memorandum in opposition to re 24 Motion for Reconsideration filed by FEDERAL BUREAU OF INVESTIGATION, HOMELAND SECURITY INVESTIGATIONS, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Eckrote, Kaitlin) (Entered: 08/06/2024)
2024-08-2929STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Eckrote, Kaitlin) (Entered: 08/29/2024)
2024-08-30MINUTE ORDER: The Court is in receipt of DOJ's 29 Status Report. Therein, DOJ explains that it hopes to produce "its first and final response" to Plaintiff's FOIA request by October 4, 2024. DOJ also proposes to file a joint status report with Plaintiff on or before November 27, 2024. The Court shall ADOPT DOJ's suggestion. The Court orders the parties to file a joint status report on or before November 27, 2024 , updating the Court as to the status of Plaintiff's FOIA request, and, if necessary, every sixty days thereafter. Signed by Judge Colleen Kollar-Kotelly on 08/30/2024. (lcckk1) (Entered: 09/03/2024)
2024-08-30Set/Reset Deadlines: Joint Status Report due by 11/27/2024 updating the Court as to the status of Plaintiff's FOIA request, and, if necessary, every sixty days thereafter. (dot) (Entered: 09/06/2024)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar