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Case TitleBETANCOURT v. SOCIAL SECURITY ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv03741
Date Filed2023-12-15
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffMARK BETANCOURT
Case DescriptionMark Betancourt, a freelance journalist, submitted two FOIA requests to the Social Security Administration for records. The agency acknowledged receipt of both requests. His first request asked for records concerning the outcome of hearings before administrative law judges. The agency failed to respond further to the first request. His second request asked for focused reviews of ALJs. The agency denied the request in part, citing Exemption 2 (internal practices and procedures) and Exemption 6 (invasion of privacy). Betancourt filed an administrative appeal of the denial. After hearing nothing further from the agency concerning either request, Betancourt filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantSOCIAL SECURITY ADMINISTRATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
Complaint attachment 16
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-12-151COMPLAINT against SOCIAL SECURITY ADMINISTRATION ( Filing fee $ 405 receipt number ADCDC-10562552) filed by MARK BETANCOURT. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Civil Cover Sheet, # 16 Summons)(Townsend, KatieLynn) (Entered: 12/15/2023)
2023-12-18Case Assigned to Judge Colleen Kollar-Kotelly. (zsl) (Entered: 12/18/2023)
2023-12-192SUMMONS (3) Issued Electronically as to SOCIAL SECURITY ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 12/19/2023)
2023-12-203ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 12/20/23. (DM) (Entered: 12/20/2023)
2023-12-214NOTICE of Appearance by Krystle S. McMullan on behalf of SOCIAL SECURITY ADMINISTRATION (McMullan, Krystle) (Entered: 12/21/2023)
2024-01-035NOTICE OF SUBSTITUTION OF COUNSEL by Joseph F. Carilli, Jr on behalf of All Defendants Substituting for attorney Krystle S. McMullan (Carilli, Joseph) (Entered: 01/03/2024)
2024-01-036NOTICE of Appearance by Gunita Singh on behalf of MARK BETANCOURT (Singh, Gunita) (Entered: 01/03/2024)
2024-01-037NOTICE of Appearance by Adam Alexander Marshall on behalf of MARK BETANCOURT (Marshall, Adam) (Entered: 01/03/2024)
2024-01-088RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/26/2023. ( Answer due for ALL FEDERAL DEFENDANTS by 1/25/2024.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. SOCIAL SECURITY ADMINISTRATION served on 12/22/2023, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/26/23. (Attachments: # 1 Affidavit of Service on Defendants)(Townsend, KatieLynn) (Entered: 01/08/2024)
2024-01-089Consent MOTION for Extension of Time to File Answer re 1 Complaint, by SOCIAL SECURITY ADMINISTRATION. (Carilli, Joseph) (Entered: 01/08/2024)
2024-01-08MINUTE ORDER. The Court is in receipt of the 9 Consent Motion for Extension of Time to File Answer, in which Defendant moves to extend their time to respond to the Complaint in order to determine the status of Plaintiffs' FOIA requests and determine the Government's litigation position. This is Defendant's first request for an extension, and Plaintiffs consent. The Court GRANTS the 9 Motion and ORDERS Defendant to respond to the Complaint by FEBRUARY 15, 2024. Signed by Judge Colleen Kollar-Kotelly on 1/8/24. (lcckk3) (Entered: 01/08/2024)
2024-01-08Set/Reset Deadlines: Answer to the Complaint due by 2/15/2024. (dot) (Entered: 01/09/2024)
2024-02-1510ANSWER to Complaint by SOCIAL SECURITY ADMINISTRATION.(Carilli, Joseph) (Entered: 02/15/2024)
2024-02-2011ORDER instructing parties to meet and confer and file a Joint Status Report by March 22, 2024. Signed by Judge Colleen Kollar-Kotelly on 2/20/24. (lcckk3) (Entered: 02/20/2024)
2024-02-20Set/Reset Deadlines: Meet & Confer Statement due by 3/22/2024. (dot) (Entered: 02/27/2024)
2024-03-2212Joint STATUS REPORT by MARK BETANCOURT. (Attachments: # 1 Text of Proposed Order)(Townsend, KatieLynn) (Entered: 03/22/2024)
2024-03-25MINUTE ORDER. The Court is in receipt of the parties' 12 Joint Status Report, in which they indicate that the Agency is still processing and reviewing records for Plaintiff's FOIA request. The parties propose that they file a further status report on May 6, 2024 with an update. The Court ORDERS the parties to file a joint status report by MAY 6, 2024 and every sixty (60) days thereafter providing an update on the status of Plaintiff's FOIA request, including a recommendation for further proceedings. Signed by Judge Colleen Kollar-Kotelly on 3/25/24. (lcbs) (Entered: 03/25/2024)
2024-03-25Set/Reset Deadlines: Joint Status Report due by 5/6/2024 and every sixty (60) days thereafter providing an update on the status of Plaintiff's FOIA request, including a recommendation for further proceedings. (dot) (Entered: 03/26/2024)
2024-05-0313Joint STATUS REPORT by SOCIAL SECURITY ADMINISTRATION. (Carilli, Joseph) (Entered: 05/03/2024)
2024-05-0714Scheduling & Procedures Order. Signed by Judge Colleen Kollar-Kotelly on 5/7/24. (lcckk3) (Entered: 05/07/2024)
2024-05-07Set/Reset Deadlines: Plaintiff Cross Motion due by 9/10/2024. Response to Cross Motion due by 10/29/2024. Reply to Cross Motion due by 11/26/2024. Defendants' Summary Judgment Motion due by 7/10/2024. Response to Motion for Summary Judgment due by 9/10/2024. Reply to Motion for Summary Judgment due by 10/29/2024. (dot) (Entered: 05/08/2024)
2024-07-1015MOTION for Summary Judgment by SOCIAL SECURITY ADMINISTRATION. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts)(Carilli, Joseph) (Entered: 07/10/2024)
2024-07-1116NOTICE of Filing Exhibits by SOCIAL SECURITY ADMINISTRATION re 15 Motion for Summary Judgment (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Carilli, Joseph) (Entered: 07/11/2024)
2024-09-1017Cross MOTION for Summary Judgment by MARK BETANCOURT. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Adam A. Marshall, # 4 Declaration of Mark Betancourt, # 5 Text of Proposed Order)(Townsend, KatieLynn) (Entered: 09/10/2024)
2024-09-1018RESPONSE re 15 MOTION for Summary Judgment filed by MARK BETANCOURT. (Townsend, KatieLynn) (Entered: 09/10/2024)
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