Case Detail

FOIA Project Annotation: Judge Beryl Howell has rejected Barry Schotz's request for reconsideration and has also found that he is not entitled to attorney's fees for his suit against the Bureau of Prisons. Schotz argued that he had discovered new evidence meriting reconsideration. But Howell observed that "the BOP's 2016 release determination is dated after the date of the final judgment entered in this case and it involves a 2016 FOIA request that was not a subject of this action either initially or by amendment. Therefore, the plaintiff's claim of newly discovered evidence is unavailing. Nevertheless, the fact that the 2016 release might have included pages responsive to the plaintiff's earlier request would not warrant reopening this matter. . .Moreover, reopening this matter would prove futile [since Schotz had not exhausted his administrative remedies as to the 2016 request]." Turning to Schotz's contention that he was entitled to attorney's fees, Howell noted that Schotz, aside from his pro se status, "is ineligible for an award because (1) he did not prevail by judicial order, and (2) the agency was not compelled by this lawsuit to act but had in fact released responsive records prior to its commencement."
Issues: Litigation - Jurisdiction - Failure to State a Claim, Litigation - Jurisdiction - Failure to Exhaust, Litigation - Attorney's fees - Prevailing party

Date Filed	Doc #	Docket Text
2014-07-21	1	COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE filed by BARRY R. SCHOTZ. (Attachments: # 1 Exhibit A through D, # 2 Civil Cover Sheet) (md, ) (Entered: 07/21/2014)
2014-07-21	2	MOTION for Leave to Proceed in forma pauperis by BARRY R. SCHOTZ (md, ) (Entered: 07/21/2014)
2014-07-21	3	ORDER directing an initial partial filing fee from Prison Account of BARRY R. SCHOTZ; ORDERED that, within thirty (30) days of this Order, the plaintiffr shall provide the information described above. Failure to comply with this Order will result in dismissal of this action. SO ORDERED. Signed by Judge Richard J. Leon on 7/18/2014. (md, ) (Entered: 07/21/2014)
2014-08-04	4	MOTION SEEK LEAVE PERMISSION TO: CONSOLIDATE (Pursuant F.R.Civ.P. 10(c), or otherwise; AMEND & SUPPLEMENT PLEADINGS, Pursuant F.R.Civ.P. Rule 15(a), or otherwise; and/or PERMISSIVE JOINDER OF PARTIES F.R.Civ.P. Rule 20(a). by BARRY R. SCHOTZ (md, ) (Entered: 08/25/2014)
2014-08-25	5	ORDER DENYING WITHOUT PREJUDICE 4 Plaintiff's "Motion Seek[ing] Leave Permission to: Consolidate (Pursuant [to] F.R.Civ.P. 10(c), or otherwise [] Amend & Supplement Pleadings, Pursuant [to] F.R.Civ.P Rule 15(a), or otherwise[] and/or Permissive Joinder of Parties F.R.Civ.P. Rule 20(a)". SO ORDERED. Signed by Judge James E. Boasberg on 8/20/2014. (md, ) (Entered: 08/25/2014)
2014-08-25	6	ORDER directing an initial partial filing fee from Prison Account of BARRY R. SCHOTZ. Plaintiff's application to proceed informa pauperis is GRANTED, except to the extent that Plaintiff is required to make the payments set forth above. SO ORDERED. Signed by Judge James E. Boasberg on 8/20/2014. (md, ) (Entered: 08/25/2014)
2014-08-26		Case Reassigned to Judge Beryl A. Howell. Unassigned no longer assigned to the case. (md, ) (Entered: 08/26/2014)
2014-09-19	7	MOTION for Leave to Amend and Supplement Pleadings by BARRY R. SCHOTZ (rdj) (Entered: 09/23/2014)
2014-10-01	8	ORDER denying as moot 7 Plaintiff's Motion for Leave to File Amended Complaint; directing Plaintiff to file by October 30, 2014, a comprehensive amended complaint, which will supersede the original complaint (see attached order for details). Signed by Judge Beryl A. Howell on 10/1/14.(ah) (Entered: 10/01/2014)
2014-10-01		Set/Reset Deadlines: Amended Complaint due by 10/30/2014. (tg, ) (Entered: 10/01/2014)
2014-10-20	9	FIRST AMENDED COMPLAINT by BARRY R. SCHOTZ (Attachments: # 1 Exhibit) (md) (Entered: 10/21/2014)
2014-10-27		SUMMONS (3) Issued as to UNITED STATES DEPARTMENT OF JUSTICE: FEDERAL BUREAU OF PRISONS, U.S. Attorney and U.S. Attorney General. (md, ) (Entered: 10/27/2014)
2014-10-29	10	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 10/28/2014, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/28/2014. ( Answer due for ALL FEDERAL DEFENDANTS by 11/27/2014.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/29/2014. (rdj) (Entered: 10/29/2014)
2014-10-31	11	NOTICE of Appearance by Eric Joseph Young on behalf of UNITED STATES DEPARTMENT OF JUSTICE (Young, Eric) (Entered: 10/31/2014)
2014-11-07	12	MOTION for Extension of Time to File and Answer or Dispositive Motion by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Young, Eric) (Entered: 11/07/2014)
2014-11-24		MINUTE ORDER (paperless) GRANTING the defendant's 12 Motion for Extension of Time to File An Answer or Dispositive Motion. The defendant shall, by January 27, 2015, respond to the plaintiff's 1 Complaint. Signed by Judge Beryl A. Howell on November 24, 2014. (lcbah1) (Entered: 11/24/2014)
2014-11-25		Set/Reset Deadlines: Answer to the complaint due by 1/27/2015. ( tg, ) (Entered: 11/25/2014)
2014-12-23	13	MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Ochoa Declaration with Exhibits, # 4 Declaration Luczynski Declaration with Exhibits, # 5 Text of Proposed Order)(Young, Eric) (Entered: 12/23/2014)
2015-02-02	14	Order advising plaintiff to respond by March 23, 2015, to defendant's summary judgment motion or risk entry of judgment for the defendant on what will be treated as a conceded motion (see attached order for details). Signed by Judge Beryl A. Howell on 2/2/15.(ah) (Entered: 02/02/2015)
2015-02-02		Set/Reset Deadlines: Plaintiff's Response to Motion for Summary Judgment due by 3/23/2015. (tg, ) (Entered: 02/02/2015)
2015-03-09	15	MOTION for Extension of Time to File Response/Reply as to 13 MOTION for Summary Judgment by BARRY R. SCHOTZ "Leave to file GRANTED" by Judge Beryl A. Howell (rdj) (Entered: 03/11/2015)
2015-03-09	16	MOTION for Judicial Notice by BARRY R. SCHOTZ "Leave to file GRANTED" by Judge Beryl A. Howell (rdj) (Entered: 03/11/2015)
2015-03-11	17	RESPONSE re 15 MOTION for Extension of Time to File Response/Reply as to 13 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Young, Eric) (Entered: 03/11/2015)
2015-03-18	18	RESPONSE re 16 MOTION for Judicial Notice filed by UNITED STATES DEPARTMENT OF JUSTICE. (Young, Eric) (Entered: 03/18/2015)
2015-04-03		MINUTE ORDER granting 15 the Plaintiff's Motion for an Extension of Time to File a Response to the Defendant's summary judgment motion, to which the Defendant has consented. Plaintiff's shall file his response by June 22, 2015. SO ORDERED. Signed by Judge Beryl A. Howell on 4/3/15.(ah) (Entered: 04/03/2015)
2015-04-03		Set/Reset Deadlines: Plaintiff's Response to Motion for Summary Judgment due by 6/22/2015. (tg, ) (Entered: 04/03/2015)
2015-04-06	19	REPLY to opposition to motion re 16 MOTION for Judicial Notice filed by BARRY R. SCHOTZ. "Leave to file GRANTED" by Judge Beryl A. Howell (rdj) (Entered: 04/06/2015)
2015-05-11	20	NOTICE of Change of Address by BARRY R. SCHOTZ (rdj) (Entered: 05/13/2015)
2015-06-11	21	MOTION for Extension of Time to File Response/Reply as to 13 MOTION for Summary Judgment by BARRY R. SCHOTZ "Leave to file GRANTED" by Judge Beryl A. Howell (zrdj) (Entered: 06/11/2015)
2015-06-11	22	MOTION FOR LOST/DESTROYED RECORDS by BARRY R. SCHOTZ (zrdj) (Entered: 06/12/2015)
2015-06-12		MINUTE ORDER granting 21 Plaintiff's Motion for a 60-day Extension of Time to File a Response to Defendant's summary judgment motion. Plaintiff shall file his response by August 24, 2015, or, as previously advised, risk entry of judgment for the defendant. SO ORDERED. Signed by Judge Beryl A. Howell on 6/12/15.(ah) (Entered: 06/12/2015)
2015-06-12		MINUTE ORDER granting in part and denying in part 22 Plaintiff's motion for missing pages. The Clerk shall provide plaintiff a complete copy of the 19-page Declaration of Beth Ochoa [# 13-3], without the attached exhibits. SO ORDERED. Signed by Judge Beryl A. Howell on 6/12/15.(ah) (Entered: 06/12/2015)
2015-06-12		Set/Reset Deadlines: Plaintiff's Response to Defendant's Motion for Summary Judgment due by 8/24/2015. (tg) (Entered: 06/12/2015)
2015-08-18	23	MOTION for Summary Judgment by BARRY R. SCHOTZ "Leave to file GRANTED", by Judge Beryl A. Howell (zrdj) (Entered: 08/18/2015)
2015-08-20	24	MOTION for Extension of Time to File Response/Reply as to 13 MOTION for Summary Judgment , 23 MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Young, Eric) (Entered: 08/20/2015)
2015-08-20		MINUTE ORDER (paperless) GRANTING the defendant's 24 Motion for Extension of Time for Defendant to File a Response to Plaintiff's Filing. The defendant shall, by November 1, 2015, submit any opposition to the plaintiff's 23 Motion for Summary Judgment. The plaintiff shall, by December 1, 2015, file any reply. The Court hereby STAYS this matter until such time as the newly filed 23 Motion for Summary Judgment is fully briefed, in the interest of judicial economy to allow resolution of both motions simultaneously. Signed by Judge Beryl A. Howell on August 20, 2015. (lcbah1) (Entered: 08/20/2015)
2015-08-20		Case Stayed (lcbah1) (Entered: 08/20/2015)
2015-08-21		Set/Reset Deadlines: Defendant's Opposition to 23 Motion for Summary Judgment due by 11/1/2015; Plaintiff's Reply due by 12/1/2015. (tg) (Entered: 08/21/2015)
2015-08-24	25	MOTION to Clarify by BARRY R. SCHOTZ (zrdj) (Entered: 08/26/2015)
2015-08-31		MINUTE ORDER denying as moot 25 Plaintiff's Motion to Clarify, in light of the August 20, 2015, minute order setting deadlines for the parties to brief Plaintiff's recently filed motion for summary judgment. SO ORDERED. Signed by Judge Beryl A. Howell on 8/31/15.(ah) (Entered: 08/31/2015)
2015-09-08	26	MOTION for Reconsideration re MINUTE Order on Motion for Extension of Time to File Response/Reply by BARRY R. SCHOTZ "Leave to file GRANTED ; Construed as Motion for Reconsideration of 8/20/2015 Order", by Judge Beryl A. Howell (zrdj) (Entered: 09/08/2015)
2015-09-08	27	ERRATA for Certificate of Service by UNITED STATES DEPARTMENT OF JUSTICE 24 MOTION for Extension of Time to File Response/Reply as to 13 MOTION for Summary Judgment , 23 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Young, Eric) (Entered: 09/08/2015)
2015-09-10	28	Memorandum in opposition to re 26 MOTION for Reconsideration re Order on Motion for Extension of Time to File Response/Reply,, filed by UNITED STATES DEPARTMENT OF JUSTICE. (Young, Eric) (Entered: 09/10/2015)
2015-09-15	29	REPLY to opposition to motion re 13 MOTION for Summary Judgment , 23 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Young, Eric) (Entered: 09/15/2015)
2015-09-22	30	ERRATA to Reply Brief to Opposition by UNITED STATES DEPARTMENT OF JUSTICE 13 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE, 23 MOTION for Summary Judgment filed by BARRY R. SCHOTZ. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Young, Eric) (Entered: 09/22/2015)
2015-10-05	31	MOTION FOR COURT NUNC PRO TUNC PROCEDURAL CLARIFICATION ORDER by BARRY R. SCHOTZ (zrdj) (Entered: 10/07/2015)
2015-10-12	32	NOTICE OF SUBSTITUTION OF COUNSEL by Caitlin O'Leary Trujillo on behalf of All Defendants Substituting for attorney Eric Young (Trujillo, Caitlin) (Entered: 10/12/2015)
2015-10-21	33	Memorandum in opposition to re 31 MOTION FOR COURT NUNC PRO TUNC PROCEDURAL filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Trujillo, Caitlin) (Entered: 10/21/2015)
2015-11-09	34	REPLY to opposition to motion re 31 MOTION FOR COURT NUNC PRO TUNC PROCEDURAL filed by BARRY R. SCHOTZ. (td) (Entered: 11/12/2015)
2015-11-23	35	MOTION for Extension of Time to File Surreply by BARRY R. SCHOTZ (td) (Entered: 11/23/2015)
2016-02-24		Partial Filing Fee Received from BARRY R. SCHOTZ in the amount of $3.69, receipt number: 4616076138. (zrdj) (Entered: 02/24/2016)
2016-02-29	36	MOTION SEEK LFAVE STATUS by BARRY R. SCHOTZ (zrdj) (Entered: 03/02/2016)
2016-03-17	37	RESPONSE re to 36 Motion to Seek Leave Status filed by UNITED STATES DEPARTMENT OF JUSTICE. (Trujillo, Caitlin) Modified on 3/18/2016 (zrdj). (Entered: 03/17/2016)
2016-03-22		Partial Filing Fee Received from BARRY R. SCHOTZ in the amount of $46.55, receipt number: 4616076654. (zrdj) (Entered: 03/22/2016)
2016-04-13		Partial Filing Fee Received from BARRY R. SCHOTZ in the amount of $13.36, receipt number: 4616077044. (zrdj) (Entered: 04/13/2016)
2016-04-20	38	ORDER granting 13 Defendant's Motion for Summary Judgment; granting 35 Plaintiff's Motion to File Surreply; denying all remaining pending motions 16 23 26 31 36 ; and entering judgment for the Defendant, for the reasons stated in the Memorandum Opinion issued separately this day. Signed by Chief Judge Beryl A. Howell on 4/20/16.(ah) (Entered: 04/20/2016)
2016-04-20	39	MEMORANDUM OPINION accompanying final order issued separately this day. Signed by Chief Judge Beryl A. Howell on 4/20/16.(ah) (Entered: 04/20/2016)
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