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Case TitleRobert v. The Central Intelligence Agency et al
DistrictEastern District of New York
CityCentral Islip
Case Number2:2002cv06788
Date Filed2002-12-31
Date Closed2018-03-31
JudgeJudge Joanna Seybert
PlaintiffCharles Robert, II
also known as Snowflake 5391
DefendantThe Central Intelligence Agency
DefendantThe Department of Justice
AppealSecond Circuit 18-1575
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [110]
FOIA Project Annotation: A federal court in New York has ruled that Charles Robert's 2002 suit against the CIA and the Justice Department for records concerning Oliver North's involvement in the Iran-contra affair may continue. However, the court ordered Robert to produce documentary evidence that Robert had requested and been denied records from the CIA in 2000 and 2001. CIA, however, indicated that, according to its records, the only request it had received from Robert was in 2010. Allowing Robert to provide documentary proof of his claims, the court noted that "it is impossible for the Court to determine whether the CIA improperly withheld agency records absent a review of Plaintiff's specific FOIA request and the CIA's alleged response, particularly in light of the CIA's position that Plaintiff failed to file any FOIA requests prior to 2010."
Issues: Litigation - Jurisdiction - Failure to State a Claim
Opinion/Order [133]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2002-12-311COMPLAINT against The Central Intelligence Agency, The Department of Justice ( Filing fee receipt number 8282.) Summons Issued, filed by Charles Robert II. (Attachments: # 1 Civil Cover Sheet)(Duong, Susan) (Entered: 01/02/2003)
2003-01-032SUMMONS Returned Executed by Charles Robert II. The Central Intelligence Agency served on 12/31/2002, answer due 1/20/2003; The Department of Justice served on 12/31/2002, answer due 1/20/2003. (Valle, Christine) (Entered: 01/09/2003)
2003-02-073MOTION to Dismiss pltff's complaint purs. to Rule 12(b)(6) of the F.R.C.P., filed by The Central Intelligence Agency, The Department of Justice. (Fagan, Linda) (Entered: 02/21/2003)
2003-02-074MEMORANDUM in Support re 3 MOTION to Dismiss pltff's complaint purs. to Rule 12(b)(6) of the F.R.C.P., filed by The Central Intelligence Agency, The Department of Justice. (Fagan, Linda) (Entered: 02/21/2003)
2003-02-275Letter dated 2/24/03 from Charles Robert to Judge Seybert RE: The pltff requests the Court's approval of a modification of the Motion schedule of the dfts whereby the pltff's responding pleadings are to be served on 3/3/03. (Valle, Christine) (Entered: 03/07/2003)
2003-02-27ENDORSED ORDER on 5 Letter. Application for an extension of time until 3/3/03 to file opposition papers is GRANTED. Signed by Judge Joanna Seybert on 2/27/03. EOD #5 C/F(Valle, Christine) (Entered: 03/07/2003)
2003-03-066AFFIRMATION of Charles Robert in Opposition Re: 3 MOTION to Dismiss pltff's complaint purs. to Rule 12(b)(6) of the F.R.C.P., filed filed by Charles Robert II. (Valle, Christine) (Entered: 03/14/2003)
2003-03-067MEMORANDUM in Opposition Re: 3 MOTION to Dismiss pltff's complaint purs. to Rule 12(b)(6) of the F.R.C.P., filed by Charles Robert II. (Valle, Christine) (Entered: 03/14/2003)
2003-03-068AFFIDAVIT of Service - Copy of Memorandum of Law; and Affirmation served on Chief Susan Riley, Office of the U.S. Attorney via U.S. Postal Service on 3/5/03, filed by Charles Robert II. (Valle, Christine) (Entered: 03/14/2003)
2003-06-069ORDER - Initial Conference set for 7/17/2003 at 02:00PM before Magistrate-Judge Arlene R. Lindsay. Signed by Judge Arlene R. Lindsay on 6/6/03. C/M (Valle, Christine) (Entered: 06/17/2003)
2003-07-1510ORDER - Due to a change in this Magistrate's schedule, the conference in this matter previously scheduled for 7/17/03 at 2:00PM, is hereby rescheduled for 8/18/03 at 2:00PM. Signed by Judge Arlene R. Lindsay on 7/15/03. C/F (Valle, Christine) (Entered: 07/30/2003)
2003-08-1811ORDER; The initial conference scheduled for today is adjourned until further notice . ( Signed by Judge Arlene R. Lindsay on 8/18/03.) (Fagan, Linda) (Entered: 09/03/2003)
2003-09-3012MEMORANDUM AND ORDER; granting 3 Motion to Dismiss. Defts' motion to dismiss Pltff's Complaint, purs. to F.R.C.P. 8, is GRANTED. Pltff's Complaint is dismissed without prejudice to file an amended complaint, in accordance with Fed. R. Civ. P. 8, within 10 days from the date hereof. Further, Pltff is directed to file with his amended complaint a letter, no longer than three pages, indicating any other actions maintained in the Eastern District of New York by Pltff, the docket number for each action, the relief sought in each action and the final disposition.( Signed by JudgeJoanna Seybert on 9/30/03.) c/m (Fagan, Linda) (Entered: 09/30/2003)
2003-10-0313Letter dated 9/27/03 from Charles Robert to Judge Seybert RE: The pltff renews the request for an oral argument or for a settlement conference prior to 10/14/03. (Valle, Christine) (Entered: 10/09/2003)
2003-10-03ENDORSED ORDER on 13 Letter. Application Denied. Signed by Judge Joanna Seybert on 10/3/03. EOD #13 C/M(Valle, Christine) (Entered: 10/09/2003)
2003-10-0714Letter dated 10/6/03 from Charles Robert to Judge Seybert RE: Per Your Honor's Memorandum & Order dated 9/30/03, please find enclosed courtesy copy of the amended complaint. To request that the Court consider scheduling a settlement conference to reveiw the FOIA requested documents in camera and then seal the case file. (Valle, Christine) (Entered: 11/06/2003)
2003-10-0715AFFIDAVIT of Service for Amended Complaint served upon Chief Susan Riley on 10/6/03, filed by Charles Robert II. (Valle, Christine) (Entered: 11/06/2003)
2003-10-0716AMENDED COMPLAINT against The Central Intelligence Agency, The Department of Justice, filed by Charles Robert II.(Valle, Christine) (Entered: 11/06/2003)
2004-01-3017Letter from Charles Robert to Hon. Joanna Seybert, dated 1/26/04 re: To advise the Court that the enclosed Robert VI v. DOJ CV 04-269 (Garaufis, J), complaint has been filed as a related case to Robert IV v. DOJ, cv 02-1101 (Garaufis, J), and Robert V. v. DOJ, CV 03-4324 (Garaufis, J); that the complaint includes the same offer of settlement that has been made in Robert II v. CIA and DOJ, Robert Iv v. DOJ, and Robert V v. DOJ whereby the FOIAs will be withdrawn if AG Ashcroft instructs SSA Commissioner Barnhart and HHS Secretary Thompson to implement the acquiescence policy as explained in the sworn 7/25/85 Congressional testimony of DAAG Kuhl, which was to replace the HS nonacquiescence policy of HHS General Counsel Juan de Real that was to have ended on 6/3/05; and that Chief Susan Riley is AG Ashcroft's counsel in all four cases and has been presented with the same offer of settlements in all of the cases; and to renew pltff's request for a settlement conference. (Fagan, Linda) (Entered: 04/14/2004)
2004-04-0118Letter dated 3/13/04 from Charles Robert to Judge Seybert Re: The pltff renews the request for a settlement conference. (Valle, Christine) (Entered: 04/15/2004)
2004-04-01ENDORSED ORDER on 18 Letter. Parties are instructed to contact Magistrate Judge Lindsay with regard to scheduling a settlement conference. Signed by Judge Joanna Seybert on 4/1/04. EOD #18 C/M(Valle, Christine) (Entered: 04/15/2004)
2004-04-0919REPORT AND RECOMMENDATION; The undersigned recommends that this action be stayed until Charles Robert provides the court with a list of all Freedom of Information Act cases he has filed in the Eastern and Southern Districts of New York, including, but not limited to, those cases that he has commenced using the followng names: Charles Robert; Charles Robert II; Charles Robert, II; Charles Robert III; Charles Robert IV; Charles Robert, V; Charles Robert, VI; Ruppert Counsel II; Ruppert Counsel III; Thierman-Ruppert Counsel IV; Stone Counsel, Ratisher-Cricch Counsel and Snowflake 5391. The pltff should also be directed to clarify the identity of each of these pltffs and, if any of these pltffs are in fact Charles Robert, his reason for using an alias. The undersigned further recommends that Mr. Robert be directed to provide a summary of the relief sought in each action. The undersigned will defer any further intervention in this matter until after the District Judge assigned to this case has had an opportunity to review this recommendation. Any objectins to this Report and Recommendation must be filed with the Clerk of the Court with a courtesy copy to the undersigned within 10 days after being served with a copy of this Report. Failure to file objections within this period waives the right to appeal the District Court's Order. ( Signed by Judge Arlene R. Lindsay on 4/9/04. ) (Fagan, Linda) (Entered: 04/21/2004)
2004-04-1920OBJECTIONS to 19 Report and Recommendation by Charles Robert II. (Valle, Christine) (Entered: 05/05/2004)
2004-04-1921AFFIDAVIT of Service for Objections to Magistrate Report and Recommendation served upon Susan Riley, U.S. Attorney on 4/19/04, filed by Charles Robert II. (Valle, Christine) (Entered: 05/05/2004)
2004-04-2322Letter dated 4/22/04 from Susan L. Riley to Magistrate Lindsay Re: To request an enlargement of time to and including 4/26/04, to respond to pltff's Objections to Magistrate's Report and Recommendation. (Valle, Christine) (Entered: 05/11/2004)
2004-04-23ENDORSED ORDER on 22 Letter. Application Granted. Signed by Judge Joanna Seybert on 4/23/04. EOD #22 C/F(Valle, Christine) (Entered: 05/11/2004)
2004-04-2723Letter dated 4/26/04 from Susan L. Riley to Judge Seybert Re: In response to pltff-attorney's request for a settlement conference and pltff's objections to the Report and Recommendation of Magistrate Lindsay dated 4/9/04. In addition, to request that the Court consider screening future FOIA cases filed by the pltff. (Valle, Christine) (Entered: 05/13/2004)
2004-04-3025Letter dtd. 4/28/04 from Charles Robert to Hon. J. Seybert stating that rather than granting Chief Riley's request for a stay of the requested settlement conference, the court should conseider ordering a briefing schedule. (See Report and Recommendation, #24 signed by Judge Seybert, 5/12/04) (Barhome, Sydelle) (Entered: 06/15/2004)
2004-05-1224ORDER dtd. 5/12/04 granting 19 Report and Recommendations. Plf is ordered to submit a list of all similar cases which have been brought in the Eastern District of New York, the names of the parties involved, the civil case number, the Judge currently assigned to the matter, the current disposition of the case, the relief sought in the case. Once this information is reviewed, this Court will be able to determine if a consolidation of cases is appropriate. (Due within 30 days of the date of this order, failure to do so will result in a dismissal of this action.. Signed by JudgeJoanna Seybert on 5/12/04. (Barhome, Sydelle) (Entered: 06/15/2004)
2004-06-1426COMPLIANCE WITH THE MAY 12, 2004 ORDER affirming Mag. J. Lindsay's 4/9/04 Report & Recommendatun and supplements the assertions as presented in the plf's 4/19/04 Objections to the Report & Recommendation.(Barhome, Sydelle) (Entered: 06/29/2004)
2004-06-1427AFFIDAVIT of Service for Plf's Compliance Affirmation served on Chief Susan Riley, Office of US Attorney Brooklyn on 6/11/04, filed by Charles Robert II. (Barhome, Sydelle) (Entered: 06/29/2004)
2004-06-1728SUPPLEMENTAL COMPLIANCE by Charles Robert II Re: 24 5/12/04 Order. (Valle, Christine) (Entered: 07/01/2004)
2004-06-1729AFFIRMATION OF SERVICE by Charles Robert II Re: 28 Supplemental Compliance Affirmation served upon Chief Susan Riley via United States Postal Service on 6/16/04. (Valle, Christine) (Entered: 07/01/2004)
2004-11-0230LETTER dtd 10/15/04 from Counsel for Plaintiff to Judge Seybert Regarding Request that the attached October 1, 2004 Declaration of DOJ Counsel for Intelligence Policy James A. baker be included in the Robert II v CIA and DOJ Record. The plaintiff renews his request for a settlement conference (Entered: 11/16/2004)
2005-02-0931Letter from Charles Robert to Judge Seybert dated 2/8/05 Re: To cite cases as authority for this Court to read in camera the "North Notebook" documents that the govt withholds based on FOIA Exemption 1. (Valle, Christine) (Entered: 02/10/2005)
2005-03-1633Letter from Charles Robert to Judge Seybert dated 3/10/05 Re: To advise the Court that Judge Garaufis rendered a 3/1/05 Memorandum and Order dismissing the FOIA Robert VII v. DOJ 04cv1961. Pltff will be filing the appeal of the FOIA Exemption 1 decision on 3/31/05. (Valle, Christine) (Entered: 06/07/2005)
2005-05-2632Letter from Charles Robert to Judge Seybert dated 5/19/05 Re: The Court is advised that on 5/17/05 at the Second Circuit Court of Appeals pre-argument Robert v. DOJ conference, AUSA Mahoney again rejected the pltff's offer of settlement. Additionally, to request a settlement conference. (Valle, Christine) (Entered: 05/27/2005)
2006-02-1634Letter dated 2/13/06 by Charles Robert, II. Plaintiff renews request for settlement conference. (Nohs, Bonnie) (Entered: 02/16/2006)
2006-02-16Case reassigned to Judge Joseph F. Bianco. Judge Joanna Seybert no longer assigned to the case. (Bowens, Priscilla) (Entered: 02/24/2006)
2006-03-07Judge Bianco recused himself. Case returned to Judge Joanna Seybert. Judge Joseph F. Bianco no longer assigned to case. (Vaughn, Terry) (Entered: 03/07/2006)
2006-03-0735ORDER: I recuse myself pursuant to 28 U.S.C. s. 455. Ordered by Judge Joseph F. Bianco on 03/07/2006. (Bianco, Joseph) (Entered: 03/07/2006)
2006-03-0836Letter dated 2/20/06 by Charles Robert supplementing his 34 letter dated 2/13/06 requesting settlement conference. (Nohs, Bonnie) (Entered: 03/08/2006)
2006-03-1437Letter dtd 3/3/06 by Charles Robert, II. to Judge Bianco regarding a request for a conference to discuss whether Your Honor should consider declining the reassignment because of potential recusal issues (Sica, Michele) (Entered: 03/14/2006)
2006-03-1438NOTICE OF NON-COMPLIANCE (c/m w/letters to Plaintiff) (Nohs, Bonnie) (Entered: 03/14/2006)
2006-04-2539Letter dated 4/15/06 from Charles Robert informing Court of Second Circuit affirmance of related case's dismissal. (Nohs, Bonnie) (Entered: 04/25/2006)
2006-05-0440NOTICE OF NON-COMPLIANCE. (c/m with letter to Plaintiff) (Nohs, Bonnie) (Entered: 05/04/2006)
2007-01-2241Letter from Charles Robert to Judge Seybert dated 1/17/07 Re: To inform the Court that the Supreme Court denied the Robert VII v. DOJ, Docket 06-743, petition for a writ of certiorari. Additionally, pltff renews his request for a settlement conference. (Valle, Christine) (Entered: 01/24/2007)
2007-01-2942Letter from Charles Robert, II, to Hon. Joanna Seybert dated 1/26/07 re: request for settlement conference to present accurate facts to the Court and the congressional oversight committees. (Mahon, Cinthia) (Entered: 02/14/2007)
2007-02-2143ORDER re: 42 Letter. Application DENIED. The Court will entertain a future application upon joint request among the parties for a settlement conference. Ordered by Judge Joanna Seybert on 2/20/2007. (c/ECF) (Nohs, Bonnie) (Entered: 02/21/2007)
2008-05-1344Letter from Charles Robert to Judge Seybert dated 5/12/08 Re: To inform the Court that Pltff has filed a request with the NARA Public Interest Disclosure Board regarding FOIA requests. (Valle, Christine) (Entered: 05/29/2008)
2008-09-2645Letter from Charles Robert to Judge Seybert dated 9/26/08 Re: Supplement to Pltff's letter of 5/12/08. (Valle, Christine) (Entered: 10/17/2008)
2008-10-1646Letter from Charles Robert to Judge Seybert dated 10/16/08 Re: Supplement to Pltff's 9/26/08 letter. (Valle, Christine) (Entered: 10/20/2008)
2011-11-18Magistrate Judge Gary R. Brown added. Magistrate Judge Arlene R. Lindsay no longer assigned to case. (Bowens, Priscilla) (Entered: 11/18/2011)
2011-11-21Case reassigned to Magistrate Judge William D. Wall. Case was erroneously reassigned to Magistrate Judge Gary R. Brown. (Gapinski, Michele) (Entered: 11/21/2011)
2011-11-21Data entry error. Case returned to Magistrate Judge Arlene R. Lindsay. Magistrate Judge William D. Wall no longer assigned to case. (Gapinski, Michele) (Entered: 11/21/2011)
2011-11-2847Notice of Impending Dismissal. Plaintiff has 15 days from the date of this Order to file an explanation or the case will be dismissed. (c/m to Plaintiff at both addresses) (Nohs, Bonnie) (Entered: 11/28/2011)
2011-12-0948Letter MOTION for Leave to File Supplemental Affidavit by 1/13/12; and in response to 11/28/11 Order, by Charles Robert, II. (Valle, Christine) (Entered: 12/12/2011)
2011-12-1249AFFIDAVIT in Opposition Re: 47 Notice of Impending Dismissal by Charles Robert, II. Attachments: # 1 Part 2; # 2 Affidavit of Service. (Valle, Christine) (Entered: 12/14/2011)
2011-12-15ORDER denying 48 Motion for Leave to File. Plaintiff's request to file a supplemental affidavit is DENIED. Ordered by Judge Joanna Seybert on 12/15/2011. (Karneeb, Kelly) (Entered: 12/15/2011)
2011-12-1550Letter from Charles Robert to Clerk dated 12/14/11 Re: Letter to Judge Seybert and Corrected Affidavit enclosed for filing. (Valle, Christine) (Entered: 12/16/2011)
2011-12-1551Letter from Charles Robert to Judge Seybert dated 12/14/11 Re: To advise that Plaintiff has filed a "corrected" affidavit to include new chronological Section VV regarding NARA letter. (Valle, Christine) (Entered: 12/16/2011)
2011-12-1552"CORRECTED" AFFIDAVIT in Opposition Re: 47 Notice of Impending Dismissal by Charles Robert, II. (Valle, Christine) (Entered: 12/16/2011)
2012-02-0653Letter from Charles Robert to Judge Seybert dated 2/3/12 Re: Status letter regarding Plaintiff's prosecution plan seeking settlement. (Valle, Christine) (Entered: 02/09/2012)
2012-02-1554ORDER - The Court interprets Plaintiff's letter as a request for a stay pending resolution of the NARA facilitation process. Plaintiff's request for a stay is DENIED. Rather, the Court ORDERS that this case be administratively closed without prejudice subject to reinstatement upon application to this Court. Plaintiff is ORDERED to file a status report with the Court by August 15, 2012. The Clerk of the Court is directed to administratively close this case and to mail a copy of this Order to the pro se Plaintiff. So Ordered by Judge Joanna Seybert on 2/15/12. C/M; C/ECF (Valle, Christine) (Entered: 02/17/2012)
2012-08-1555Letter from Charles Robert to Judge Seybert dated 8/15/12 Re: Status letter regarding Plaintiff's prosecution plan seeking settlement. (Attachments: # 1 status affidavit, # 2 affidavit of service) (Florio, Lisa) (Entered: 08/20/2012)
2013-03-0456Letter from Charles Robert to Judge Seybert dated 2/28/12 Re: To inform the Court that on 2/26/13 the Supreme Court rendered its Clapper v. Amnesty decision; and that Plaintiff will request a summary judgment pre-motion conference by letter on 3/25/13. (Valle, Christine) (Entered: 03/12/2013)
2013-03-2557Letter from Charles Robert to Judge Seybert dated 3/25/13 Re: To enclose Plaintiff's Local Civil Rule 56.1 Statement of Material Facts on Motion for Summary Judgment as to undisputed facts. (Valle, Christine) (Entered: 04/01/2013)
2013-03-2558LOCAL RULE 56.1 STATEMENT of Material Facts on Motion for Summary Judgment, filed by Charles Robert, II. (Valle, Christine) (Entered: 04/01/2013)
2013-04-1059Letter to the Honorable Joanna Seybert in response to Plaintiff's letter dated March 25, 2013 by The Central Intelligence Agency, The Department of Justice (Leonardo-Beckmann, Diane) (Entered: 04/10/2013)
2013-04-1560Letter from Charles Robert to Judge Seybert dated 4/11/13 Re: In response to the 4/10/13 letter from Diane Leonardo, AUSA. (Coleman, Laurie) (Entered: 04/19/2013)
2013-05-1661Letter from Charles Robert to Judge Seybert dated 5/15/2013 Re: To report that the co-defendants did not provide the plaintiff with the Rule 56.1 counter statement of co-defendants CIA Director Brennan and AG Holder by 5/10/2013. (Valle, Christine) (Entered: 05/23/2013)
2013-07-2262Letter from Charles Robert to Judge Seybert dated 6/22/13 Re: To advise the Court that on 6/22/13, the plaintiff informed the co-defendants' attorney that he has withdrawn the quiet settlement offer. (Valle, Christine) (Entered: 07/22/2013)
2013-07-2263Letter from Charles Robert to Judge Seybert dated 7/22/13 Re: Plaintiff reports as a supplement to his June 22, 2013 letter to the Court, that he sent a letter dated 7/15/2013 to CIA General Counsel Preston, President Obama's DOD General Counsel Nominee, and advised that he would delay sending the plaintiff's "last chance" White Paper (WP) supporting a request that CIA General Counsel Preston recommend that CIA Director Brennan consider taking additional time to reconsider the plaintiff's withdrawn quiet settlement offer. (Valle, Christine) (Entered: 07/22/2013)
2013-08-1564Letter dated 8/15/2013 from plaintiff to Judge Seybert. This letter is a supplement to 7/22/2013 letter 63 . (Padilla, Kristin) (Entered: 08/19/2013)
2013-09-1065Letter from Charles Robert to Judge Seybert dated 9/10/13 Re: For the reasons explained herein, plaintiff has not filed the application for reinstatement of the case because there continues to be a reasonable probability that the co-defendants will reconsider the plaintiff's August 15, 2013 renewed quiet settlement offer. (Valle, Christine) (Entered: 09/17/2013)
2013-10-3066Letter from Charles Robert to Judge Seybert dated 10/30/13 Re: Plaintiff's monthly status report. (Valle, Christine) (Entered: 11/07/2013)
2013-10-3067Letter from Charles Robert undated Re: "October 3, 2013 Review Group Comments by a U.S. citizen who was the target of the E.O. 12333 "FISA exempt" NSA Terrorist Survelllance Program without the FISC's knowledge" (Valle, Christine) (Entered: 11/07/2013)
2013-12-0568Letter dtd. 12/3/13 from plaintiff to Judge Seybert RE: this is plaintiffs monthly status report that supplements the plaintiffs 10/30/13 status letter (Bollbach, Jean) (Entered: 12/11/2013)
2014-01-0369Letter from Charles Robert to Judge Seybert dated 1/3/14 Re: Plaintiff's monthly status report supplementing December 3, 2013 status letter. (Valle, Christine) (Entered: 01/13/2014)
2014-02-1070Letter from Charles Robert to Judge Seybert dated 2/10/14 Re: Plaintiff's monthly status report supplementing January 6, 2014 status letter. (Florio, Lisa) (Entered: 02/14/2014)
2014-03-0771Letter from Charles Robert to Judge Seybert dated 3/7/14 Re: Plaintiff's supplemental monthly status report. (Valle, Christine) (Entered: 03/19/2014)
2014-04-0472Letter from Charles Robert to Judge Seybert dated 4/4/14 Re: Plaintiff's monthly status report supplementing March 7, 2014 status letter. (Valle, Christine) (Entered: 04/10/2014)
2014-05-0173Letter MOTION to Reopen Case to reinstate case to active calendar by Charles Robert, II. (Valle, Christine) (Entered: 05/08/2014)
2014-06-1174Letter from Charles Robert to Judge Seybert dated 6/10/14 Re: Plaintiff's monthly status report supplementing Plaintiff's 5/1/14 status letter. (Valle, Christine) (Entered: 06/19/2014)
2014-07-08ELECTRONIC ORDER granting 73 Motion to Reopen Case. Pro se Plaintiff's motion to reinstate this case is GRANTED. Additionally, the Clerk of the Court is directed to TERMINATE the law firm of Kassoff, Robert, Lerner & Robert LLP as counsel for Plaintiff and update the docket to reflect Plaintiff's pro se status, as well as his current address. The Clerk of the Court is directed to mail a copy of this Electronic Order to pro se Plaintiff. Ordered by Judge Joanna Seybert on 7/8/2014. (Mascia, Raymond) (Entered: 07/08/2014)
2014-07-10ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge A. Kathleen Tomlinson for all further proceedings. Magistrate Judge Arlene R. Lindsay no longer assigned to case. Ordered by Chief Judge Carol Bagley Amon on 7/10/2014. (Davis, Kimberly) (Entered: 07/10/2014)
2014-08-1275Letter from Charles Robert to Judge Seybert dated 8/12/14 Re: Plaintiff's monthly status report which supplements Plaintiff's 7/11/14 status letter. (Valle, Christine) (Entered: 08/20/2014)
2014-10-0776Letter from Charles Robert to Judge Seybert dated 10/3/14 Re: Plaintiff's final monthly status letter that supplements 8/12/14 status letter; and to report that Plaintiff's attempt to secure a quiet settlement has failed. (Valle, Christine) (Entered: 10/21/2014)
2014-10-0777Letter MOTION for pre motion conference for Summary Judgment by Charles Robert, II. (Valle, Christine) (Entered: 10/21/2014)
2014-10-0778Letter from Charles Robert dated 10/3/14 Re: Plaintiff's failed quiet settlement offer; facts that occurred after 8/12/14 status letter; and Plaintiff's intent to file Motion for Summary Judgment conference. (Valle, Christine) (Entered: 10/21/2014)
2014-10-2779Letter from Charles Robert to Judge Seybert dated 10/27/14 Re: Plaintiff reports that pursuant to the Motion Practice Rule F(2), co-defendants have not provided Plaintiff with a copy of response. (Valle, Christine) (Entered: 10/31/2014)
2014-10-3180Letter from Charles Robert to Clerk of Court dated 10/28/14 Re: Plaintiff's July 11, 2014 letter filed with the Clerk is not indicated on the docket; and to enclose a copy of same. (Valle, Christine) (Entered: 11/06/2014)
2015-07-17ELECTRONIC ORDER denying 77 Motion for Pre Motion Conference. Plaintiff's request for a pre-motion conference is DENIED WITHOUT PREJUDICE. Defendants are directed to file and serve their 56.1 counterstatement within thirty (30) days of this Electronic Order, at which point Plaintiff may renew his request for a pre-motion conference. Ordered by Judge Joanna Seybert on 7/17/2015. (Mascia, Raymond) (Entered: 07/17/2015)
2015-07-2481Letter from Charles Robert to Judge Seybert dated 7/24/2015 Re: Plaintiff's latest status report that informs the Court of relevant facts that have occurred since the filing of Plaintiff's 10/3/14 status letter. Attachments: # 1 Supplement Letter; # 2 Notice PCLOB-2015-01 Part 1; # 3 Notice PCLOB-2015-01 Part 2. (Valle, Christine) (Entered: 08/04/2015)
2015-07-3082Letter from Charles Robert to Judge Seybert dated 7/30/2015 Re: Follow up letter to Plaintiff's July 24, 2015 letter to the Court regarding the Court's July 17, 2015 Order. (Valle, Christine) (Entered: 08/05/2015)
2015-08-1783RULE 56.1 STATEMENT in response to Plaintiff's Rule 56.1 statement filed by The Central Intelligence Agency, The Department of Justice. (Leonardo-Beckmann, Diane) (Entered: 08/17/2015)
2015-08-2784Letter from Charles Robert to Hon. Joanna Seybert dated 8/27/15 re: Plaintiff's status letter which supplements the plaintiff's 7/24/15 and 7/30/15 status letters. (Mahon, Cinthia) (Entered: 08/28/2015)
2015-12-0185Letter from Charles Robert to Judge Joanna Seybert dated 12/1/2015 Re: Plaintiff's status letter that updates 8/27/2015 status letter. (Valle, Christine) (Entered: 12/07/2015)
2015-12-0186Letter from Charles Robert to Clerk, United States District Court dated 12/1/15 Re: ECF Notifications. (Valle, Christine) (Entered: 12/07/2015)
2016-01-0487Letter from Charles Robert to Judge Seybert dated 1/4/15 Re: Status letter. (Valle, Christine) (Entered: 01/12/2016)
2016-01-1588Letter from Charles Robert to Judge Joanna Seybert dated 1/15/16 Re: Status Letter. (Valle, Christine) (Entered: 01/25/2016)
2016-01-2289Letter MOTION for Hearing pre summary judgment motion conferece by Charles Robert, II. (Valle, Christine) (Entered: 01/29/2016)
2016-02-0390Pro Se Consent to Electronic Notification by Charles Robert, II. (Florio, Lisa) (Entered: 02/05/2016)
2016-02-19ORDER denying 89 Motion for Hearing. Plaintiff's motion for a pre-summary judgment motion conference (Docket Entry 89) is DENIED. The Court finds that a pre-motion conference is not necessary given the nature of the claims in this action. The Court's review of the docket indicates that the parties have exchanged Rule 56.1 Statements. Accordingly, the parties will be permitted to file motions for summary judgment on or before April 19, 2016. Ordered by Judge Joanna Seybert on 2/19/2016. (Seibert, Kristin) (Entered: 02/19/2016)
2016-04-1991Notice of MOTION for Summary Judgment by Charles Robert, II. (Valle, Christine) (Entered: 04/27/2016)
2016-04-1992MEMORANDUM in Support Re: 91 Notice of MOTION for Summary Judgment filed by Charles Robert, II. Attachments: # 1 Table of Exhibits (Valle, Christine) (Entered: 04/27/2016)
2016-04-2193AFFIDAVIT in Support Re: 91 Notice of MOTION for Summary Judgment filed by Charles Robert, II. Attachments: # 1 Part 2 of 2. (Valle, Christine) (Entered: 04/27/2016)
2016-05-1694Letter to the Honorable Joanna Seybert to respectfully request until June 30, 2016 to serve defendants' opposition to Plaintiff's summary judgment motion by The Central Intelligence Agency, The Department of Justice (Leonardo-Beckmann, Diane) (Entered: 05/16/2016)
2016-05-1795Letter from Pro Se Plaintiff Charles Robert to Judge Seybert dated 5/17/2016 Re: Plaintiff has no objections to Defendants 94 Letter Request for Extension of Time. (Ortiz, Grisel) (Entered: 05/19/2016)
2016-05-19ORDER re 94 Letter, filed by The Department of Justice, The Central Intelligence Agency. Defendants' request for an extension of time to oppose Plaintiff's motion for summary judgment (Docket Entry 91) is GRANTED. Defendants shall file their opposition on or before June 30, 2016. Ordered by Judge Joanna Seybert on 5/19/2016. (Seibert, Kristin) (Entered: 05/19/2016)
2016-06-2996Letter to the Honorable Joanna Seybert to respectfully request from June 30, 2016 to July 29, 2016, on consent, to file Defendants' opposition to summary judgment by The Central Intelligence Agency, The Department of Justice (Leonardo-Beckmann, Diane) (Entered: 06/29/2016)
2016-07-01ELECTRONIC ORDER re 96 Letter, filed by The Department of Justice, The Central Intelligence Agency. Defendants' request for an extension of time to oppose Plaintiff's motion for summary judgment (Docket Entry 91) is GRANTED. Defendants shall file their opposition to Plaintiff's motion on or before July 29, 2016. Ordered by Judge Joanna Seybert on 7/1/2016. (Seibert, Kristin) (Entered: 07/01/2016)
2016-07-2797Letter to the Honorable JoannaSeybert to respectfully request addtional time to file Defendants' opposition to summary judgment by The Central Intelligence Agency, The Department of Justice (Leonardo-Beckmann, Diane) (Entered: 07/27/2016)
2016-07-28ELECTRONIC ORDER re 97 Letter filed by The Department of Justice, The Central Intelligence Agency. Defendants' request for an extension of time to oppose Plaintiff's motion for summary judgment (Docket Entry 91) is GRANTED. Defendants shall file their opposition to Plaintiff's motion on or before August 12, 2016. Ordered by Judge Joanna Seybert on 7/28/2016. (Seibert, Kristin) (Entered: 07/28/2016)
2016-08-1298Cross MOTION for Summary Judgment by The Central Intelligence Agency, The Department of Justice. (Leonardo-Beckmann, Diane) (Entered: 08/12/2016)
2016-08-1299MEMORANDUM in Support of Defendants' cross-motion for summary judgment and in opposition to Plainitff's motion for summary judgment filed by The Central Intelligence Agency, The Department of Justice. (Leonardo-Beckmann, Diane) (Entered: 08/12/2016)
2016-08-12100AFFIDAVIT/DECLARATION in Support re 98 Cross MOTION for Summary Judgment filed by The Central Intelligence Agency, The Department of Justice. (Attachments: # 1 Exhibit A-Amended Complaint, # 2 Exhibit B-Memorandum and Order) (Leonardo-Beckmann, Diane) (Entered: 08/12/2016)
2016-08-12101AFFIDAVIT/DECLARATION in Support re 98 Cross MOTION for Summary Judgment Affidavit of Antoinette Shiner filed by The Central Intelligence Agency, The Department of Justice. (Leonardo-Beckmann, Diane) (Entered: 08/12/2016)
2016-08-12102RULE 56.1 STATEMENT filed by The Central Intelligence Agency, The Department of Justice. (Leonardo-Beckmann, Diane) (Entered: 08/12/2016)
2016-08-12103NOTICE by The Central Intelligence Agency, The Department of Justice Notice pursuant to Rule 56.2 to pro se litigants (Leonardo-Beckmann, Diane) (Entered: 08/12/2016)
2016-08-23104Letter MOTION for Extension of Time to File Response/Reply as to 98 Cross MOTION for Summary Judgment by Charles Robert, II. (Valle, Christine) (Entered: 08/24/2016)
2016-08-25ELECTRONIC ORDER granting 104 Motion for Extension of Time to File Response/Reply. Plaintiff's motion for an extension of time to respond to Defendants' cross motion for summary judgment (Docket Entry 98) is GRANTED. Plaintiff shall file his opposition on or before September 26, 2016. Ordered by Judge Joanna Seybert on 8/25/2016. (Seibert, Kristin) (Entered: 08/25/2016)
2016-09-22105Letter MOTION for Extension of Time to File Response/Reply as to 98 Cross MOTION for Summary Judgment until 10/26/16 by Charles Robert, II. (Valle, Christine) (Entered: 09/28/2016)
2016-10-03ELECTRONIC ORDER granting 105 Motion for Extension of Time to File Response/Reply. Plaintiff's motion for an extension of time to respond to Defendants' cross motion for summary judgment (Docket Entry 98) is GRANTED. Plaintiff shall file his opposition to Defendants' cross motion on or before October 26, 2016. In light of Plaintiff's extensive submission in support of his motion for summary judgment (Docket Entry 91), Plaintiff's affidavit in opposition to the Government's cross motion shall not exceed fifty (50) pages. Ordered by Judge Joanna Seybert on 10/3/2016. (Seibert, Kristin) (Entered: 10/03/2016)
2016-10-26106MEMORANDUM in Opposition Re 98 Cross MOTION for Summary Judgment filed by Charles Robert, II. (Ortiz, Grisel) (Entered: 10/27/2016)
2016-10-26107AFFIDAVIT in Opposition Re 98 Cross MOTION for Summary Judgment filed by Charles Robert, II. (Ortiz, Grisel) (Entered: 10/27/2016)
2016-10-26108AFFIDAVIT of Service for 106 MEMORANDUM in Opposition AND 107 AFFIDAVIT in Opposition Re 98 Cross MOTION for Summary Judgment, served on Defendants Counsel on 10/26/2016, filed by Charles Robert, II. (Ortiz, Grisel) (Entered: 10/27/2016)
2016-10-26109Letter MOTION for Hearing by Charles Robert, II. (Ortiz, Grisel) (Entered: 10/27/2016)
2017-02-28110MEMORANDUM & ORDER: SO ORDERED that Plaintiff's motion for summary judgment (Docket Entry 91) and letter motion for hearing (Docket Entry 109), and Defendants' cross motion for summary judgment (Docket Entry 98) are DENIED. As set forth more fully above, Plaintiff is directed to provide the Court with documentary evidence establishing that he filed a FOIA request with the CIA prior to the commencement of this action within fourteen (14) days of the date of this Memorandum and Order. Defendants are granted leave to renew their motion for summary judgment as to Plaintiff's claim against the CIA and move for summary judgment on Plaintiff's claim against the DOJ within sixty (60) days of the date of this Memorandum and Order. The Clerk of the Court is directed to mail a copy of this Memorandum and Order to the pro se Plaintiff. Ordered by Judge Joanna Seybert on 2/28/2017. (cm to pro se plaintiff via ecf/nef and USPS mail) (Florio, Lisa) (Entered: 02/28/2017)
2017-03-01111Letter MOTION for Extension of Time to File Response/Reply as to 110 Order on Motion for Summary Judgment, Order on Motion for Hearing, until 3/16/2017 by Charles Robert, II. (Valle, Christine) (Entered: 03/03/2017)
2017-03-06ELECTRONIC ORDER granting 111 Motion for Extension of Time to File Response/Reply. Plaintiff's motion for an extension of time (Docket Entry 111) is GRANTED. Plaintiff shall file documentary evidence establishing that he filed a FOIA request with the CIA prior to the commencement of this action on or before March 16, 2017. Ordered by Judge Joanna Seybert on 3/6/2017. (Seibert, Kristin) (Entered: 03/06/2017)
2017-03-16112Plaintiff's AFFIDAVIT Pursuant to the Courts 110 Memorandum and Order, filed by Pro Se Plaintiff Charles Robert, II, dated 3/16/2017. (Attachments: # 1 Cover Letter, # 2 Affidavit of Service) (Ortiz, Grisel) (Entered: 03/17/2017)
2017-04-26113Letter to the Honorable Joanna Seybert to respectfully request an extension, from April 28, 2017 to June 2, 2017, to renew the government's motion for summary judgment by The Central Intelligence Agency, The Department of Justice (Leonardo-Beckmann, Diane) (Entered: 04/26/2017)
2017-04-27ELECTRONIC ORDER re 113 Letter, filed by The Department of Justice, The Central Intelligence Agency. The Government's request for an extension of time to renew its motion for summary judgment is GRANTED. The Government shall file its motion on or before June 2, 2017. No further extensions will be granted absent extraordinary circumstances. Ordered by Judge Joanna Seybert on 4/27/2017. (Seibert, Kristin) (Entered: 04/27/2017)
2017-05-01114Letter from Charles Robert to Judge Seybert dated 5/1/2017 Re: To advise that Plaintiff confirms that he had no objection to EDNY AUSA's application for an extension until June 2,2017. (Valle, Christine) (Entered: 05/03/2017)
2017-06-02115Notice of MOTION for Summary Judgment by The Central Intelligence Agency, The Department of Justice. (Leonardo-Beckmann, Diane) (Entered: 06/02/2017)
2017-06-02116RULE 56.1 STATEMENT filed by The Central Intelligence Agency, The Department of Justice. (Leonardo-Beckmann, Diane) (Entered: 06/02/2017)
2017-06-02117AFFIDAVIT/DECLARATION in Support re 115 Notice of MOTION for Summary Judgment by Diane Leonardo filed by The Central Intelligence Agency, The Department of Justice. (Leonardo-Beckmann, Diane) (Entered: 06/02/2017)
2017-06-02118AFFIDAVIT/DECLARATION in Support re 115 Notice of MOTION for Summary Judgment by John Boseker filed by The Central Intelligence Agency, The Department of Justice. (Leonardo-Beckmann, Diane) (Entered: 06/02/2017)
2017-06-02119AFFIDAVIT/DECLARATION in Support re 115 Notice of MOTION for Summary Judgment by Antoinette Shiner filed by The Central Intelligence Agency, The Department of Justice. (Leonardo-Beckmann, Diane) (Entered: 06/02/2017)
2017-06-02120AFFIDAVIT/DECLARATION in Support re 115 Notice of MOTION for Summary Judgment by Antoinette Shiner (supplemental) filed by The Central Intelligence Agency, The Department of Justice. (Leonardo-Beckmann, Diane) (Entered: 06/02/2017)
2017-06-02121AFFIDAVIT/DECLARATION in Support re 115 Notice of MOTION for Summary Judgment by Priscilla Jones filed by The Central Intelligence Agency, The Department of Justice. (Leonardo-Beckmann, Diane) (Entered: 06/02/2017)
2017-06-02122NOTICE by The Central Intelligence Agency, The Department of Justice Notice of Rule 56.2 statement to pro se plaintiff (Leonardo-Beckmann, Diane) (Entered: 06/02/2017)
2017-06-02123MEMORANDUM in Support of Defendants' Motion for Summary Judgment filed by The Department of Justice. (Leonardo-Beckmann, Diane) (Entered: 06/02/2017)
2017-06-05124Letter MOTION for Extension of Time to File Response/Reply as to 115 Notice of MOTION for Summary Judgment Supplemental Affidavit by Charles Robert, II. (Valle, Christine) (Entered: 06/08/2017)
2017-06-26ELECTRONIC ORDER granting 124 Motion for Extension of Time to File Response/Reply. Plaintiff shall file his response to the Government's pending summary judgment motion (Docket Entry 115) on or before July 21, 2017. Ordered by Judge Joanna Seybert on 6/26/2017. (Seibert, Kristin) (Entered: 06/26/2017)
2017-07-24125Letter MOTION for Hearing FRCP 16 (a)(5) settlement conference by Charles Robert, II. (Valle, Christine) (Entered: 07/26/2017)
2017-07-24126MEMORANDUM OF LAW in Opposition Re: 115 Notice of MOTION for Summary Judgment filed by Charles Robert, II. (Valle, Christine) (Entered: 07/26/2017)
2017-07-24127AFFIDAVIT in Opposition Re: 115 Notice of MOTION for Summary Judgment filed by Charles Robert, II. (Valle, Christine) (Entered: 07/26/2017)
2017-07-24128AFFIDAVIT of Service for Memorandum of Law and Affidavit served on 7/24/2017, filed by Charles Robert, II. (Valle, Christine) (Entered: 07/26/2017)
2017-07-26129MOTION for Extension of Time to File Response/Reply as to 115 Notice of MOTION for Summary Judgment nunc pro tunc to 7/24/2017 by Charles Robert, II. (Valle, Christine) (Entered: 07/28/2017)
2017-07-31ELECTRONIC ORDER granting 129 Motion for Extension of Time to File Response/Reply. The Court will consider Plaintiff's response to the Government's motion for summary judgment (Docket Entries 126 and 127) as if it was timely filed. Ordered by Judge Joanna Seybert on 7/31/2017. (Seibert, Kristin) (Entered: 07/31/2017)
2017-07-31ELECTRONIC ORDER denying 125 Motion for Hearing. Plaintiff's request for a settlement conference is DENIED WITHOUT PREJUDICE. Plaintiff may renew his request for a settlement conference after the Court determines the Government's pending motion for summary judgment. Ordered by Judge Joanna Seybert on 7/31/2017. (Seibert, Kristin) (Entered: 07/31/2017)
2017-08-03130Letter from Charles Robert to Judge Seybert dated 8/2/2017 Re: FBI FOIA request No. 1151829-000. (Valle, Christine) (Entered: 08/04/2017)
2017-09-05131Letter from Charles Robert to Judge Seybert dated 9/5/17 Re: Plaintiff respectfully suggests that the Court consider taking Judicial Notice of the September 1, 2017 AG Sessions' American Oversight v. DOJ and the FBI, cv 17-718, D.C.D.C. "Defendants' Motion for Summary Judgment." (Valle, Christine) (Entered: 09/07/2017)
2017-11-14132Letter from Charles Robert to Judge Seybert dated 11/13/2017 Re: Plaintiff informs the Court of the November 9, 2017 FISC's decision In Re Opinions & Orders of this Court Addressing Bulk Collection of Data under the Foreign Intelligence Surveillance Act. (Valle, Christine) (Entered: 11/15/2017)
2018-03-31133MEMORANDUM & ORDER granting 115 Motion for Summary Judgment. SO ORDERED that Defendants' motion for summary judgment (Docket Entry 115) is GRANTED. To the extent Plaintiff seeks the first page of the April 1990 Document from the CIA, that claim is DISMISSED WITH PREJUDICE. Plaintiff's remaining claims relating to the DOJ Request and the portion of the CIA request seeking documents withheld by the CIA pursuant to FOIA Exemption 3 are DISMISSED WITHOUT PREJUDICE. The Court notes that Plaintiff is required to obtain leave from Judge Garaufis before filing any future FOIA complaints. See Robert v. Dep't of Justice, 439 Fed. App'x at 34-35 (Here, the District Court [Judge Garaufis] did not err or abuse [his] discretion in enjoining Robert from filing further complaints raising FOIA claims without leave of the court, given Robert's history of filing vexatious, burdensome, and meritless FOIA complaints.). The Clerk of the Court is directed to enter judgment accordingly, mark this case CLOSED, and mail a copy of this Memorandum and Order to the pro se Plaintiff. Ordered by Judge Joanna Seybert on 3/31/2018. (CM to pro se plaintiff) (Florio, Lisa) (Entered: 04/02/2018)
2018-03-31134CLERK'S JUDGMENT - ORDERED AND ADJUDGED that Plaintiff Charles Robert II take nothing of Defendants The Central Intelligence Agency and The Department of Justice; that the Defendants The Central Intelligence Agency and The Department of Justice's motion for summary judgment is granted; that Plaintiff's remaining claims relating to the DOJ request and the portion of the CIA request seeking documents withheld by the CIA "pursuant to FOIA Exemption 3" are dismissed without prejudice; that Plaintiff is required to obtain leave from Judge Garafius before filing any future FOIA complaints and that this case is hereby closed. Ordered by the Clerk of Court on 3/31/2018. (Tirado, Chelsea) (Main Document 134 replaced on 4/3/2018) (Tirado, Chelsea). (Entered: 04/03/2018)
2018-05-22135NOTICE OF APPEAL as to 134 Clerk's Judgment and 133 Order on Motion for Summary Judgment by Charles Robert, II. (Attachments: # 1 Cover Letter, # 2 Affidavit of Service) (Landow, Concetta) (Entered: 05/23/2018)
2018-05-23136USCA Appeal Fees received $ 505 receipt number 25337 re 135 Notice of Appeal filed by Charles Robert, II. (Landow, Concetta) (Entered: 05/23/2018)
2018-05-23Electronic Index to Record on Appeal sent to US Court of Appeals. 135 Notice of Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (Landow, Concetta) (Entered: 05/23/2018)
2019-12-20137MANDATE of USCA Case No. 18-1575 as to 135 Notice of Appeal filed by Charles Robert, II. UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court is AFFIRMED. (Cox, Dwayne) (Entered: 12/20/2019)
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