Case Detail

FOIA Project Annotation: Judge Rudolph Contreras has ruled that Gale Rachuy must pay fees assessed by the FBI and EOUSA for copies of records responsive to his request for records on his conviction. Rachuy requested records pertaining to his conviction in the Western District of Wisconsin. EOUSA located and released about 120 pages. It then found many more records and told Rachuy that because of their volume he would be required to pay fees. It released an additional 1000 pages while waiting for Rachuy to commit to paying fees. The FBI also located a large number of records and charged Rachuy $79 for duplication. The FBI processed more records referred by EOUSA and charged Rachuy another $69 for duplication. The agencies claimed Rachuy had not responded to their requests for payment, but Rachuy provided letters indicating that he had challenged the quality of the records and said he would not pay for duplicates. Contreras pointed out that "plaintiff's dissatisfaction with the delay in receipt of documents and the quality of those documents does not relieve him of his obligation to pay fees, and he remains obligated to pay fees even after having filed a lawsuit. In response to defendant's showing, plaintiff does not demonstrate that he actually paid any part of the requested fees."
Issues: Fees - Advance Payment

Date Filed	Doc #	Docket Text
2013-09-30	1	COMPLAINT against All Defendants filed by GALE A. RACHUY. (Attachments: # 1 Civil Cover Sheet)(am, ) (Entered: 10/08/2013)
2013-09-30		SUMMONS (4) Issued as to All Defendants, U.S. Attorney and U.S. Attorney General (am, ) (Entered: 10/08/2013)
2013-09-30	2	MOTION for Leave to Proceed in forma pauperis by GALE A. RACHUY. (am, ) (Entered: 10/08/2013)
2013-09-30	3	PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by GALE A. RACHUY. (am, ) (Entered: 10/08/2013)
2013-09-30	4	ORDER directing an initial partial filing fee in the amount of $72.95 from Prison Account of GALE A. RACHUY, further ordered, granting 2 , MOTION for Leave to Proceed in forma pauperis. Signed by Judge Rosemary M. Collyer on 9/6/2013. (am, ) (Entered: 10/08/2013)
2013-10-10		SUMMONS (5) REISSUED as to DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION, UNITED STATES ATTORNEY FOR THE FREEDOM OF INFORMATION UNIT, JOHN W. VAUDREUIL, and non-parties U.S. Attorney and U.S. Attorney General (rdj) (Entered: 10/10/2013)
2013-10-16	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION served on 10/16/2013; UNITED STATES ATTORNEY FOR THE FREEDOM OF INFORMATION UNIT served on 10/16/2013, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/16/2013., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/15/2013. ( Answer due for ALL FEDERAL DEFENDANTS by 11/14/2013.) (jf, ) (Entered: 10/18/2013)
2013-10-22	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JOHN W. VAUDREUIL served on 10/17/2013 (rdj) (Entered: 10/22/2013)
2013-11-13	7	NOTICE of Appearance by Michelle Lo on behalf of All Defendants (Lo, Michelle) (Entered: 11/13/2013)
2013-11-13	8	MOTION for Extension of Time to File Answer re 1 Complaint by DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION, UNITED STATES ATTORNEY FOR THE FREEDOM OF INFORMATION UNIT, JOHN W. VAUDREUIL (Lo, Michelle) (Entered: 11/13/2013)
2013-11-15		MINUTE ORDER: Defenants' 8 Motion for Extension of Time is granted, and their Answer or other response to the Complaint is due by December 16, 2013. Signed by Judge Rudolph Contreras on 11/15/13. (ms, ) (Entered: 11/15/2013)
2013-12-02	9	RESPONSE re 8 MOTION for Extension of Time to File Answer re 1 Complaint filed by GALE A. RACHUY. (jf, ) (Entered: 12/04/2013)
2013-12-13	10	MOTION for Extension of Time to File Answer re 1 Complaint by DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION, UNITED STATES ATTORNEY FOR THE FREEDOM OF INFORMATION UNIT, JOHN W. VAUDREUIL (Lo, Michelle) (Entered: 12/13/2013)
2013-12-16		MINUTE ORDER: Defendants' 10 Motion for Extension of Time to Answer is granted, and their Answer or other response to the Complaint is due by January 14, 2014. Signed by Judge Rudolph Contreras on 12/16/13. (ms, ) (Entered: 12/16/2013)
2013-12-27	11	RESPONSE re 10 MOTION for Extension of Time to File Answer re 1 Complaint filed by GALE A. RACHUY. (rdj) (Entered: 12/30/2013)
2014-01-14	12	ANSWER to 1 Complaint by DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION, UNITED STATES ATTORNEY FOR THE FREEDOM OF INFORMATION UNIT, JOHN W. VAUDREUIL.(Lo, Michelle) (Entered: 01/14/2014)
2014-01-14	13	MOTION for Scheduling Order by DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION, UNITED STATES ATTORNEY FOR THE FREEDOM OF INFORMATION UNIT, JOHN W. VAUDREUIL (Lo, Michelle) (Entered: 01/14/2014)
2014-01-17	14	ORDER granting 13 defendants' Motion for Scheduling Order. Signed by Judge Rudolph Contreras on 1/17/14. (ms, ) (Entered: 01/17/2014)
2014-02-03	15	MOTION for release of the compact discs and dvd's by GALE A. RACHUY (jf, ) (Entered: 02/05/2014)
2014-02-20	16	Memorandum in opposition to re 15 MOTION for release of the compact discs and dvd's filed by DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION, UNITED STATES ATTORNEY FOR THE FREEDOM OF INFORMATION UNIT, JOHN W. VAUDREUIL. (Lo, Michelle) (Entered: 02/20/2014)
2014-03-14	17	MOTION to Compel by GALE A. RACHUY. "Let this be filed" signed by Judge Rudolph Contreras on 03/13/2014 (jf, ) (Entered: 03/14/2014)
2014-03-31	18	Memorandum in opposition to re 17 MOTION to Compel filed by DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION, UNITED STATES ATTORNEY FOR THE FREEDOM OF INFORMATION UNIT, JOHN W. VAUDREUIL. (Lo, Michelle) (Entered: 03/31/2014)
2014-03-31	19	MOTION to Modify Order Dated January 17, 2014 by DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION, UNITED STATES ATTORNEY FOR THE FREEDOM OF INFORMATION UNIT, JOHN W. VAUDREUIL (Lo, Michelle) (Entered: 03/31/2014)
2014-04-04		MINUTE ORDER: It is hereby ordered that Defendants' Motion to Modify Order Dated January 17, 2014 19 is GRANTED. Both the FBI and the EOUSA shall complete the processing of the responsive records by April 30, 2014. All other provisions of the January 17, 2014 order remain in effect, and defendants' dispositive motion is due by May 30, 2014. Signed by Judge Rudolph Contreras on 4/3/14. (ms, ) (Entered: 04/04/2014)
2014-04-30	20	MOTION to Modify Order Dated January 17, 2014 by DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION, UNITED STATES ATTORNEY FOR THE FREEDOM OF INFORMATION UNIT, JOHN W. VAUDREUIL (Attachments: # 1 Declaration of David Luczynski, # 2 Exhibit 1)(Lo, Michelle) (Entered: 04/30/2014)
2014-05-05		MINUTE ORDER: It is hereby ordered that Defendants' Motion to Modify Order Dated January 17, 2014 20 is granted, and their dispositive motion is due by July 29, 2014. Signed by Judge Rudolph Contreras on 5/5/14. (ms, ) (Entered: 05/05/2014)
2014-05-05		Reset Deadlines: Dispositive Motions due by 7/29/2014. (tj ) (Entered: 05/07/2014)
2014-05-13	21	NOTICE OF SUBSTITUTION OF COUNSEL by Timothy E. Broomhead on behalf of All Defendants Substituting for attorney Michelle Lo (Broomhead, Timothy) (Entered: 05/13/2014)
2014-05-13	22	MOTION for leave to file Biven's Action by GALE A. RACHUY (td, ) (Entered: 05/13/2014)
2014-05-15	23	Memorandum in opposition to re 22 MOTION for Order for leave to file Biven's Action filed by DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION, UNITED STATES ATTORNEY FOR THE FREEDOM OF INFORMATION UNIT, JOHN W. VAUDREUIL. (Broomhead, Timothy) (Entered: 05/15/2014)
2014-07-03	24	MOTION to Transfer Case to the USDC for the Western District of Wisconsin by GALE A. RACHUY (jf, ) (Entered: 07/07/2014)
2014-07-10	25	ORDER denying 15 17 plaintiffs' Motions to Compel. Signed by Judge Rudolph Contreras on 7/7/14. (ms, ) (Entered: 07/10/2014)
2014-07-10	26	Memorandum in opposition to re 24 MOTION to Transfer Case filed by DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION, UNITED STATES ATTORNEY FOR THE FREEDOM OF INFORMATION UNIT, JOHN W. VAUDREUIL. (Broomhead, Timothy) (Entered: 07/10/2014)
2014-07-29	27	MOTION to Dismiss in the alternative , MOTION for Summary Judgment by DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION, UNITED STATES ATTORNEY FOR THE FREEDOM OF INFORMATION UNIT, JOHN W. VAUDREUIL (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Hardy Decl., # 4 Declaration Luczynski Decl., # 5 Declaration Suppl. Luczynski Decl., # 6 Text of Proposed Order)(Broomhead, Timothy) (Entered: 07/29/2014)
2014-08-01	28	ORDER denying plaintiff's 22 Motion for Leave to File Biven's [sic] Action and 24 Motion to Remove to the Western District of Wisconsin. Signed by Judge Rudolph Contreras on 8/1/14. (ms, ) (Entered: 08/01/2014)
2014-08-01	29	Order advising plaintiff to respond by 9/5/2014 to defendants' 27 MOTION to Dismiss or for Summary Judgment, or the Court may treat the motion as conceded. Signed by Judge Rudolph Contreras on 8/1/14. (ms, ) (Entered: 08/01/2014)
2014-08-01		Set Deadlines: Response to Dispositive Motions due by 9/5/2014. (tj ) (Entered: 08/01/2014)
2014-08-25	30	Memorandum in opposition to re 27 MOTION to Dismiss in the alternative MOTION for Summary Judgment filed by GALE A. RACHUY. (rdj) (Entered: 08/28/2014)
2014-08-25	31	DECLARATION CONCERNING FEES AND SUPPLEMENTAL RECORDS by GALE A. RACHUY (rdj) (Entered: 08/28/2014)
2014-09-05	32	NOTICE OF SUBSTITUTION OF COUNSEL by Laura Emily Jennings on behalf of All Defendants Substituting for attorney Timothy Broomhead (Jennings, Laura) (Entered: 09/05/2014)
2014-09-05	33	MOTION for Extension of Time to File Response/Reply by DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION, JOHN W. VAUDREUIL (Jennings, Laura) (Entered: 09/05/2014)
2014-09-10		MINUTE ORDER: Defendants' 33 Motion for Extension of Time is granted nunc pro tunc, and their Reply is due by September 23, 2014. Signed by Judge Rudolph Contreras on 9/10/14. (ms, ) (Entered: 09/10/2014)
2014-09-23	34	REPLY to opposition to motion re 27 MOTION to Dismiss in the alternative MOTION for Summary Judgment filed by DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION, JOHN W. VAUDREUIL. (Jennings, Laura) (Entered: 09/23/2014)
2014-09-25	35	NOTICE of Change of Address by GALE A. RACHUY (jf, ) (Entered: 09/29/2014)
2014-10-24	36	MOTION for Extension of Time to File Response as to 27 MOTION to Dismiss in the alternative MOTION for Summary Judgment by GALE A. RACHUY (jf, ) (Entered: 10/27/2014)
2014-10-28		MINUTE ORDER: Plaintiff's Motion for Extension to File Response to Defendant's Motion for Summary Judgment 36 , which the Court construes as a motion for leave to file a surreply, is DENIED because Plaintiff has failed to set forth a need for a surreply such as defendant having raised new arguments in its reply brief not previously raised in its original motion to which plaintiff was unable to respond in his opposition. Signed by Judge Rudolph Contreras on 10/27/14. (ms, ) (Entered: 10/28/2014)
2014-11-17	37	MOTION for Leave to File Response to Motion for Summary Judgment by GALE A. RACHUY (Attachments: # 1 Exhibit Response)(jf, ) (Entered: 11/19/2014)
2015-01-05		MINUTE ORDER: Plaintiff's unopposed 37 Motion for Leave to File a surreply is granted. Signed by Judge Rudolph Contreras on 1/5/15. (ms, ) (Entered: 01/05/2015)
2015-01-05	38	SURREPLY to re 27 MOTION to Dismiss in the alternative MOTION for Summary Judgment filed by GALE A. RACHUY. (znmw, ) (Entered: 01/06/2015)
2015-02-06	39	MEMORANDUM AND OPINION. Signed by Judge Rudolph Contreras on 2/5/15. (ms, ) (Entered: 02/06/2015)
2015-02-06	40	ORDER denying 27 Defendant's Motion to Dismiss and granting 27 its Motion for Summary Judgment. This is a final appealable Order. Signed by Judge Rudolph Contreras on 2/5/15. (ms, ) (Entered: 02/06/2015)
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