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Case TitleMitchell v. Federal Bureau of Investigation
DistrictDistrict of Alaska
CityAnchorage
Case Number3:2015cv00181
Date Filed2015-09-28
Date Closed2016-02-18
JudgeRalph R. Beistline
PlaintiffDonald Craig Mitchell
Case DescriptionDonald Mitchell, who was conducting research for a book on the history of Indian gaming casinos, submitted a FOIA request to the FBI for records about Rocco Passanante, an organized crime figure who controlled American Amusement & Management, a company involved in running Indian casinos in California. Passanante died in 2014. The FBI told Mitchell it had located 1,343 pages and that he would have to commit to paying $35 for the cost of furnishing three CDs. Mitchell indicated he was willing to pay duplication costs. However, the agency eventually informed Mitchell that his request was in the agency's backlog and had not yet been assigned an analyst for processing. Mitchell then filed suit.
Complaint issues: Failure to respond within statutory time limit, Delay, Litigation - Attorney's fees

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

2015-09-281COMPLAINT against Federal Bureau of Investigation (Filing fee $400, Receipt No. ANC011030), filed by Donald Craig Mitchell.(TYM, COURT STAFF) (Entered: 09/29/2015)
2015-09-282Civil Cover Sheet. (TYM, COURT STAFF) (Entered: 09/29/2015)
2015-09-283Unissued summons re Defendant FBI, (TYM, COURT STAFF) (Entered: 09/29/2015)
2015-09-29Summons Issued as to Federal Bureau of Investigation. (TYM, COURT STAFF) (Entered: 09/29/2015)
2015-10-134SUMMONS Returned Executed by Donald Craig Mitchell. All Defendants. (Mitchell, Donald) (Entered: 10/13/2015)
2015-10-135MOTION for Preliminary Injunction by Donald Craig Mitchell. (Attachments: # 1 Affidavit Donald Craig Mitchell, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K)(Mitchell, Donald) Modified on 10/14/2015 to reflect error: See 10/13/2015 Docket Annotation.(BJK, COURT STAFF). (Entered: 10/13/2015)
2015-10-136MOTION for Hearing re 5 MOTION for Preliminary Injunction by Donald Craig Mitchell.(Mitchell, Donald) Modified on 10/14/2015 to reflect error: See 10/13/2015 Docket Annotation.(BJK, COURT STAFF). (Entered: 10/13/2015)
2015-10-13Docket Annotation : : IMMEDIATE ACTION NEEDED: Your recent electronic filing with the District of Alaska is in error: 5 MOTION for Preliminary Injunction filed by Donald Craig Mitchell no proposed order provided as required by D.Ak. L.R. 7.4. ACTION NEEDED: Attorney to file a prepared Notice of Lodging with the UNSIGNED proposed order attached. The Notice of Lodging should be filed using the event Notice (Other) and should be linked to the Motion at 5 . Counsel is reminded of the requirement to email a Word version of the Proposed Order to the Judge's proposed email address. [SEE Section 23 of the Electronic Filing Administrative Policies and Procedures]. (BJK, COURT STAFF) (Entered: 10/14/2015)
2015-10-13Docket Annotation : : IMMEDIATE ACTION NEEDED: Your recent electronic filing with the District of Alaska is in error: 6 MOTION for Hearing re 5 MOTION for Preliminary Injunction filed by Donald Craig Mitchell no proposed order provided as required by D.Ak. L.R. 7.4. ACTION NEEDED: Attorney to file a prepared Notice of Lodging with the UNSIGNED proposed order attached. The Notice of Lodging should be filed using the event Notice (Other) and should be linked to the Motion at 6 . Counsel is reminded of the requirement to email a Word version of the Proposed Order to the Judge's proposed email address. [SEE Section 23 of the Electronic Filing Administrative Policies and Procedures]. (BJK, COURT STAFF) (Entered: 10/14/2015)
2015-10-147CERTIFICATE OF SERVICE by Donald Craig Mitchell (Mitchell, Donald) (Entered: 10/14/2015)
2015-10-148CERTIFICATE OF SERVICE by Donald Craig Mitchell (Mitchell, Donald) (Entered: 10/14/2015)
2015-10-159NOTICE of Filing by Donald Craig Mitchell (Attachments: # 1 Proposed Order)(Mitchell, Donald) Modified on 10/16/2015 to Create relationship to document #5 (BJK, COURT STAFF). (Entered: 10/15/2015)
2015-10-1510CERTIFICATE OF SERVICE by Donald Craig Mitchell (Mitchell, Donald) (Entered: 10/15/2015)
2015-11-0311MOTION for Extension of Time to File Response/Reply as to 5 MOTION for Preliminary Injunction , 1 Complaint by Federal Bureau of Investigation.(Wilson, Edward) (Entered: 11/03/2015)
2015-11-0312RESPONSE in Opposition re 11 MOTION for Extension of Time to File Response/Reply as to 5 MOTION for Preliminary Injunction , 1 Complaint filed by Donald Craig Mitchell. (Mitchell, Donald) (Entered: 11/03/2015)
2015-11-0313AFFIDAVIT of Donald Craig Mitchell re 12 Response in Opposition to Motion by Donald Craig Mitchell. (Mitchell, Donald) (Entered: 11/03/2015)
2015-11-0314NOTICE OF FILING PROPOSED ORDER by Federal Bureau of Investigation re 11 MOTION for Extension of Time to File Response/Reply as to 5 MOTION for Preliminary Injunction , 1 Complaint (Attachments: # 1 Proposed Order)(Wilson, Edward) (Entered: 11/03/2015)
2015-11-0915MOTION for Extension of Time to File Response/Reply to Plaintiff's Opposition by Federal Bureau of Investigation. (Attachments: # 1 Proposed Order)(Wilson, Edward) (Entered: 11/09/2015)
2015-11-1016JUDGE BEISTLINE TEXT ORDER: The Motion for Extension of Time at Docket 15 is GRANTED. The Reply to the Motion for Extension of Time to File Response to Motion for Preliminary Injunction at Docket 11 shall be filed on or before November 16, 2015 . (Jan, Chambers Staff) (Entered: 11/10/2015)
2015-11-1617ANSWER to 1 Complaint by Federal Bureau of Investigation.(Wilson, Edward) (Entered: 11/16/2015)
2015-11-1618RESPONSE in Opposition re 5 MOTION for Preliminary Injunction filed by Federal Bureau of Investigation. (Wilson, Edward) (Entered: 11/16/2015)
2015-11-1719INITIAL CASE STATUS REPORT/CASE SCHEDULING AND PLANNING ORDER: Counsel for plaintiff shall serve and file the Rule 26 Meeting Report by 12/15/2015. (BJK, COURT STAFF) (Entered: 11/17/2015)
2015-11-1720REPLY to Response to Motion re 5 MOTION for Preliminary Injunction filed by Donald Craig Mitchell. (Mitchell, Donald) (Entered: 11/17/2015)
2015-11-2521ORDER SCHEDULING HEARING: A hearing on the Motion for Preliminary Injunction at Docket 5 will be held on Tuesday, December 1, 2015, at 8:30 AM in Anchorage Courtroom 2 before Ralph R. Beistline. (Jan, Chambers Staff) (Entered: 11/25/2015)
2015-11-3022NOTICE OF TIME CHANGE FOR HEARING : The time for the hearing on the Motion for Preliminary Injunction at Docket 5 on Tuesday, December 1, 2015 , is changed to 9:00 AM in Anchorage Courtroom 2 before Ralph R. Beistline. (Jan, Chambers Staff) (Entered: 11/30/2015)
2015-12-0123Minute Entry for proceedings held before Judge Ralph R. Beistline: Hearing on Motion for Preliminary Injunction 5 held on 12/1/2015. RE 5 MOTION for Preliminary Injunction filed by Donald Craig Mitchell; GRANTED. Court ordered defendant to provide plaintiff with 500 pages of request on or before 12/31/2015 and the remainder on or before 1/29/2016; Defendant to pay plaintiff $400.00 as soon as possible, each party to bear their own costs and fees. (NXL, COURT STAFF) (Entered: 12/01/2015)
2015-12-0324AMENDED MINUTE ENTRY: The parties are advised that the PDF Document re 23 Motion Hearing, is amended as follows: Minute Entry for proceedings held before Judge Ralph R. Beistline: Hearing on Motion for Preliminary Injunction 5 held on 12/1/2015. RE 5 MOTION for Preliminary Injunction filed by Donald Craig Mitchell; GRANTED. Court ordered defendant to provide plaintiff with 500 pages of request on or before 12/31/2015 and the remainder on or before 1/29/2016; Defendant to pay plaintiff $400.00 as soon as possible, each party to bear their own costs and fees. (NXL, COURT STAFF) (Entered: 12/03/2015)
2015-12-1525REPORT of Rule 26(f) Planning Meeting. (Mitchell, Donald) (Entered: 12/15/2015)
2016-01-2526JUDGE BEISTLINE TEXT ORDER: Closing paperwork or a Status Report shall be filed on or before February 16, 2016 . (CC: DQA) (Jan, Chambers Staff) (Entered: 01/25/2016)
2016-02-1727STIPULATION of Dismissal by Donald Craig Mitchell. (Mitchell, Donald) (Entered: 02/17/2016)
2016-02-1828ORDER DISMISSING CASE: Pursuant to the Stipulation filed at Docket 27 , this matter is hereby DISMISSED. (Jan, Chambers Staff) (Entered: 02/18/2016)
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by FOIA Project Staff
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