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Case TitleInvestigative Post, Inc. v. Federal Bureau of Investigation et al
DistrictWestern District of New York
CityBuffalo
Case Number1:2024cv00129
Date Filed2024-02-07
Date ClosedOpen
JudgeHon. John L. Sinatra, Jr.
PlaintiffInvestigative Post, Inc.
Case DescriptionInvestigative Post, Inc., a watchdog news organization covering Western New York, submitted two FOIA requests to the FBI. The first request asked for records on a list of people related to Western Regional Off-Track Betting in Niagara County. Investigative Post also requested a fee waiver. The agency acknowledged receipt of the request and told Investigative Post that it had located 2,664 responsive pages. The FBI told Investigative Post that processing its request would take 4.5 years. Although the FBI said it would start disclosing records in increments, Investigative Post heard nothing further. The second request asked for records concerning financial transactions between Mark Gabriele and Henry Wojtaszek from January 2010 to the present. The FBI acknowledged receipt of the request and invoked a Glomar response. Investigative Post filed an administrative appeal of that decision. The agency upheld its initial decision and Investigative Post filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantFederal Bureau of Investigation
DefendantDepartment of Justice
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-02-071COMPLAINT against All Defendants $ 405 receipt number ANYWDC-5101990, filed by Investigative Post, Inc.. (Attachments: # 1 Exhibit FOIA Request, # 2 Exhibit FOIA Acknowledgement, # 3 Exhibit Fee waiver denial, # 4 Exhibit Correspondence, # 5 Exhibit FOIA Request 2, # 6 Exhibit FOIA response, # 7 Exhibit FOIA Appeal, # 8 Exhibit Appeal Acknowledgement, # 9 Exhibit Appeal Denial)(Higgins, Michael) (Entered: 02/07/2024)
2024-02-08E-Filing Notification: re 1 COMPLAINT - Attorney is directed to file a civil cover sheet, pursuant to Local Rule 3. No judge assignment will be made until filing is entered on the docket. Please utilize the Continuation of Exhibits event, located within the Responses and Replies category. (TMK) (Entered: 02/08/2024)
2024-02-082CONTINUATION OF EXHIBITS by Investigative Post, Inc.. to 1 Complaint, filed by Investigative Post, Inc.. (Attachments: # 1 Civil Cover Sheet)(Higgins, Michael) (Entered: 02/08/2024)
2024-02-08Case Assigned to Hon. John L. Sinatra, Jr. Notification to Chambers of on-line civil case opening. (TMK) (Entered: 02/08/2024)
2024-02-08AUTOMATIC REFERRAL to Mediation: the ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution .(TMK) (Entered: 02/08/2024)
2024-02-08Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms . (TMK) (Entered: 02/08/2024)
2024-02-08Original Summons Not Submitted. (TMK) (Entered: 02/08/2024)
2024-02-143Original Summons Filed. (Attachments: # 1 Summons)(Higgins, Michael) (Entered: 02/14/2024)
2024-02-144Summons Issued as to Federal Bureau of Investigation, U.S. Attorney and U.S. Attorney General. (JLV) (Entered: 02/14/2024)
2024-06-135MOTION to Dismiss for failure to properly serve defendants by Department of Justice, Federal Bureau of Investigation. (Attachments: # 1 Memorandum in Support, # 2 Declaration Mary E. Fleming)(Sroka, Scott) (Entered: 06/13/2024)
2024-06-146TEXT REFERRAL ORDER (DISPOSITIVE) - Hon. Michael J. Roemer, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. § 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. § 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 6/14/2024. (KLH) (Entered: 06/14/2024)
2024-06-17ATTENTION ALL PLAINTIFFS OR INTERVENORS: Pursuant to Fed. R. Civ. P.7.1 and/or General Order No. 157. In the Matter of Disclosure of Members, Shareholders, Partners, and Leaders of Business Organization Parties, all Disclosure Statements are to be filed within seven (7) days of this notice. (KM) (Entered: 06/17/2024)
2024-06-17SCHEDULING NOTICE as to 5 MOTION to Dismiss for failure to properly serve defendants. Responses due by 7/8/2024. Replies due by 7/22/2024. Oral argument will be scheduled at the Court's discretion. (RAZ) (Entered: 06/17/2024)
2024-06-237Corporate Disclosure Statement by Investigative Post, Inc. identifying Other Affiliate Jim Heaney for Investigative Post, Inc... (Higgins, Michael) (Entered: 06/23/2024)
2024-06-308AFFIDAVIT of Service for Summons and Complaint served on Federal Bureau of Investigation on 02/15/2024, filed by Investigative Post, Inc.. (Higgins, Michael) (Entered: 06/30/2024)
2024-07-059ACKNOWLEDGEMENT OF SERVICE Executed Acknowledgement filed by Department of Justice, Federal Bureau of Investigation. (Sroka, Scott) (Entered: 07/05/2024)
2024-07-0510RESPONSE to Motion re 5 MOTION to Dismiss for failure to properly serve defendants filed by Department of Justice, Federal Bureau of Investigation. (Sroka, Scott) (Entered: 07/05/2024)
2024-07-0811TEXT ORDER. Pursuant to the joint motion of the parties 9 , the motion to dismiss 5 for failure to properly serve defendants is hereby DENIED as moot. Defendants shall answer the Complaint on or before on 5/5/2024. SO ORDERED. Issued by Hon. Michael J. Roemer on 7/8/2024. (RAZ) (Entered: 07/08/2024)
2024-07-1612NOTICE of Appearance by Heather R. Abraham on behalf of All Plaintiffs (Abraham, Heather) (Entered: 07/16/2024)
2024-08-0213AMENDED TEXT ORDER. Pursuant to the joint motion of the parties 9 , the motion to dismiss 5 for failure to properly serve defendants is hereby DENIED as moot. Defendants shall answer the Complaint on or before on 9/1/2024. SO ORDERED. Issued by Hon. Michael J. Roemer on 8/2/2024. (RAZ) (Entered: 08/02/2024)
2024-08-2014ANSWER to 1 Complaint, by Department of Justice, Federal Bureau of Investigation.(Sroka, Scott) (Entered: 08/20/2024)
2024-09-1115TEXT ORDER. The parties are hereby directed to jointly complete and email to chambers at roemer@nywd.uscourts.gov , the attached case management order. Such shall be completed within 30 days of the date of this Text Order. The Court will issue a final case management order upon receipt and review of the proposed deadlines. SO ORDERED. Issued by Hon. Michael J. Roemer on 9/11/2024. (RAZ) (Entered: 09/11/2024)
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