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Case TitleCOLBERT v. FEDERAL BUREAU OF INVESTIGATION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv01790
Date Filed2016-09-08
Date ClosedOpen
JudgeJudge Dabney L. Friedrich
PlaintiffTHOMAS J. COLBERT TJC Consulting, LLC
Case DescriptionThomas Colbert submitted a request to the FBI for records concerning its investigation of D.B. Cooper, who hijacked an airplane in 1974 over Oregon and bailed out with an alleged ransom payment but was never seen again. After hearing nothing further from the agency, Colbert filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantFEDERAL BUREAU OF INVESTIGATION
DefendantDEPARTMENT OF JUSTICE
DefendantUS DEPT OF JUSTICE
DefendantU.S. DEPARTMENT OF JUSTICE
DefendantROBERT RACKSTRAW
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-09-081COMPLAINT against DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION ( Filing fee $ 400 receipt number 0090-4665458) filed by THOMAS J COLBERT. (Attachments: # 1 Civil Cover Sheet, # 2 Summons DOJ, # 3 Summons FBI, # 4 Summons USADC, # 5 Summons USAG)(Moss, Bradley) (Entered: 09/08/2016)
2016-09-12Case Assigned to Judge Randolph D. Moss. (zsb) (Entered: 09/12/2016)
2016-09-122SUMMONS (4) Issued Electronically as to DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Consent Form)(zsb) (Entered: 09/12/2016)
2016-09-293RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF JUSTICE served on 9/15/2016 (Attachments: # 1 Certificate of Service)(Moss, Bradley) (Entered: 09/29/2016)
2016-09-294RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 9/16/2016 (Attachments: # 1 Certificate of Service)(Moss, Bradley) (Entered: 09/29/2016)
2016-09-295RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/15/16. (Attachments: # 1 Certificate of Service)(Moss, Bradley) (Entered: 09/29/2016)
2016-09-296RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/15/2016. Answer due for ALL FEDERAL DEFENDANTS by 10/15/2016. (Attachments: # 1 Certificate of Service)(Moss, Bradley) (Entered: 09/29/2016)
2016-10-177ANSWER to Complaint by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION.(Simon, Jeremy) (Entered: 10/17/2016)
2016-10-178NOTICE of Appearance by Mark Steven Zaid on behalf of THOMAS J. COLBERT (Zaid, Mark) (Entered: 10/17/2016)
2016-10-269ORDER FOR INITIAL SCHEDULING CONFERENCE: The Initial Scheduling Conference is hereby set for December 1, 2016, at 2:00 p.m. See attached order for details. Signed by Judge Randolph D. Moss on 10/26/2016. (lcrdm3, ) (Entered: 10/26/2016)
2016-10-2610STANDING ORDER: See attached document for details. Signed by Judge Randolph D. Moss on 10/26/2016. (lcrdm3, ) (Entered: 10/26/2016)
2016-10-26Set/Reset Hearings: Initial Scheduling Conference set for 12/1/2016, at 2:00 PM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 10/26/2016)
2016-11-0711Joint MOTION to Clarify and to Reschedule Initial Scheduling Conference by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Proposed Order)(Simon, Jeremy). Added MOTION to Continue on 11/8/2016 (znmw). (Entered: 11/07/2016)
2016-11-07MINUTE ORDER: Upon consideration of the Joint Motion to Clarify and to Reschedule the Initial Scheduling Conference 11 , the motion is hereby GRANTED. The Order for Initial Scheduling Conference 9 is hereby VACATED, and the hearing set for December 1, 2016 is hereby VACATED. It is FURTHER ORDERED that the parties shall instead file a joint status report on or before December 1, 2016, addressing the status of the FOIA request at issue and any proposed production and/or briefing schedule. Signed by Judge Randolph D. Moss on 11/7/2016. (lcrdm3, ) Modified on 11/8/2016 to add vacated hearing date (kt). (Entered: 11/07/2016)
2016-11-08Set/Reset Deadlines: The Hearing set for 12/1/2016 is VACATED; The parties shall instead file a joint status report on or before 12/1/2016. (kt) (Entered: 11/08/2016)
2016-12-0112STATUS REPORT of the Parties by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Simon, Jeremy) (Entered: 12/01/2016)
2016-12-02MINUTE ORDER: In light of the parties' joint status report 12 , it is hereby ORDERED that the parties shall appear for a status conference on December 12, 2016, at 2:00 p.m., to discuss the parties' competing positions regarding the number of pages the FBI should be required to process per month. Signed by Judge Randolph D. Moss on 12/2/2016. (lcrdm3, ) (Entered: 12/02/2016)
2016-12-02Set/Reset Hearings: A Status Conference is set for 12/12/2016, at 2:00 PM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 12/02/2016)
2016-12-0513Joint MOTION to Reschedule Status Conference by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 12/05/2016)
2016-12-05MINUTE ORDER: Upon consideration of the joint Motion to Reschedule Status Conference 13 , the motion is hereby GRANTED. The status conference previously scheduled for December 12, 2016, is hereby VACATED and RESCHEDULED for December 14, 2016, at 11 a.m. Signed by Judge Randolph D. Moss on 12/5/2016. (lcrdm3, ) (Entered: 12/05/2016)
2016-12-06Set/Reset Hearings: The Status Conference set for 12/12/2016 is VACATED and RESCHEDULED for 12/14/2016, at 11:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 12/06/2016)
2016-12-1314NOTICE of Filing of Declaration in Support of Defendants' Proposed Processing Schedule by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Declaration of David M. Hardy)(Simon, Jeremy) (Entered: 12/13/2016)
2016-12-14Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 12/14/2016. A further Status Conference is set for 1/10/2017, at 2:00 PM, in Courtroom 21, before Judge Randolph D. Moss. (Court Reporter: Crystal Pilgrim). (kt) (Entered: 12/14/2016)
2016-12-1415NOTICE of Filing of Corrected Declaration of David M. Hardy (correcting declaration filed at docket entry no. 14) by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION re 14 Notice (Other) (Attachments: # 1 Corrected Declaration of David M. Hardy)(Simon, Jeremy) (Entered: 12/14/2016)
2017-01-10Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 1/10/2017. Order forthcoming as to briefing schedule. (Court Reporter: Jeff Hook). (kt) (Entered: 01/10/2017)
2017-01-10MINUTE ORDER: As discussed at today's status conference, it is hereby ORDERED that Plaintiff shall move for partial summary judgment on or before February 10, 2017; that Defendant shall file an opposition and, if it so chooses, a cross-motion for partial summary judgment, on or before March 16, 2017; that Plaintiff shall file a reply and, if appropriate, an opposition, on or before April 14, 2017; and that Defendant shall, if appropriate, file a final reply on or before May 11, 2017. In the event that Defendant files a Glomar response to Plaintiffs' motion, Defendant may file an ex parte submission in camera in support of that response. It is FURTHER ORDERED that the parties shall submit a joint status report regarding Defendant's continuing monthly productions on or before April 6, 2017. Signed by Judge Randolph D. Moss on 1/10/2017. (lcrdm3, ) Modified on 1/10/2017 to correct final reply date and substitute "Minute" Order for "Scheduling" Order (kt). (Entered: 01/10/2017)
2017-01-10Set/Reset Deadlines: Plaintiff shall move for partial summary judgment on or before 2/10/2017; Defendant shall file an opposition and, if it so chooses, a cross-motion for partial summary judgment, on or before 3/16/2017; Plaintiff shall file a reply and, if appropriate, an opposition, on or before 4/14/2017; Defendant shall, if appropriate, file a final reply on or before 5/11/2017. The parties shall submit a joint status report regarding Defendant's continuing monthly productions on or before 4/6/2017. (kt) (Entered: 01/10/2017)
2017-02-1016Consent MOTION for Extension of Time to File Motion for Partial Summary Judgment by THOMAS J. COLBERT (Attachments: # 1 Text of Proposed Order)(Zaid, Mark) (Entered: 02/10/2017)
2017-02-13MINUTE ORDER: Upon consideration of Plaintiff's Consent Motion for Extension of Time to File Motion for Partial Summary Judgment 16 , the motion is hereby GRANTED. It is hereby ORDERED that the briefing schedule be amended as follows: Plaintiff shall move for partial summary judgment on or before February 24, 2017; Defendant shall file an opposition and, if it so chooses, a cross-motion for partial summary judgment, on or before March 30, 2017; Plaintiff shall file a reply and, if appropriate, an opposition, on or before April 28, 2017; and Defendant shall, if appropriate, file a final reply on or before May 20, 2017. In the event that Defendant files a Glomar response to Plaintiffs' motion, Defendant may file an ex parte submission in camera in support of that response. Additionally, the requirement that the parties submit a joint status report regarding Defendant's continuing monthly productions on or before April 6, 2017, remains unchanged. Signed by Judge Randolph D. Moss on 2/13/2017. (lcrdm3, ) (Entered: 02/13/2017)
2017-02-13Set/Reset Deadlines: Plaintiff shall move for partial summary judgment on or before 2/24/2017; Defendant shall file an opposition and, if it so chooses, a cross-motion for partial summary judgment, on or before 3/30/2017; Plaintiff shall file a reply and, if appropriate, an opposition, on or before 4/28/2017; and Defendant shall, if appropriate, file a final reply on or before 5/20/2017. (kt) (Entered: 02/13/2017)
2017-02-2317Consent MOTION for Extension of Time to File Motion for Summary Judgment by THOMAS J. COLBERT (Attachments: # 1 Text of Proposed Order)(Zaid, Mark) (Entered: 02/23/2017)
2017-02-24MINUTE ORDER: Upon consideration of Plaintiff's second Consent Motion for Extension of Time to File Motion for Partial Summary Judgment 17 , the motion is hereby GRANTED. It is hereby ORDERED that the briefing schedule be amended as follows: Plaintiff shall move for partial summary judgment on or before March 10, 2017; Defendant shall file an opposition and, if it so chooses, a cross-motion for partial summary judgment, on or before April 21, 2017; Plaintiff shall file a reply and, if appropriate, an opposition, on or before May 17, 2017; and Defendant shall, if appropriate, file a final reply on or before June 7, 2017. In the event that Defendant files a Glomar response to Plaintiffs' motion, Defendant may file an ex parte submission in camera in support of that response. Additionally, the requirement that the parties submit a joint status report regarding Defendant's continuing monthly productions on or before April 6, 2017, remains unchanged. Signed by Judge Randolph D. Moss on 2/24/2017. (lcrdm3, ) (Entered: 02/24/2017)
2017-02-24Set/Reset Deadlines: Plaintiff shall move for partial summary judgment on or before 3/10/2017; Defendant shall file an opposition and, if it so chooses, a cross-motion for partial summary judgment, on or before 4/21/2017; Plaintiff shall file a reply and, if appropriate, an opposition, on or before 5/17/2017; Defendant shall, if appropriate, file a final reply on or before 6/7/2017. (kt) (Entered: 02/24/2017)
2017-03-0618COVER SHEET by ROBERT RACKSTRAW "LEAVE TO FILE GRANTED" by Judge Randolph D. Moss(zrdj) (Entered: 03/07/2017)
2017-03-0619AMICUS CURIAE by ROBERT RACKSTRAW. "LEAVE TO FILE GRANTED" by Judge Randolph D. Moss(zrdj) (Entered: 03/07/2017)
2017-03-07MINUTE ORDER: Upon consideration of Robert Rackstraw's recent filings, which the Court construes as a Motion for Leave to File Brief as Amicus Curiae 18 and the proposed amicus brief itself 19 , Rackstraw's motion is hereby DENIED without prejudice. The proposed brief almost exclusively addresses issues not raised in this Freedom of Information Act ("FOIA") case, and there is no pending motion which the amicus brief could support. The Court recognizes, however, that Rackstaw may have an interest in the question whether disclosure of documents responsive to Plaintiff's FOIA request "would constitute a clearly unwarranted invasion of [Rackstraw's] personal privacy." 5 U.S.C. § 552(b)(6). Plaintiff's forthcoming motion for partial summary judgment is currently due on or before March 10, 2017, and may address that question. To the extent Rickshaw would also like to file a brief addressing that question, he may renew his motion for leave to file after Plaintiff's motion is filed. Rackstraw is cautioned, however, that any further briefs must be limited to the FOIA issues before the Court. The Clerk is directed to mail a copy of this Minute Order to Rackstraw at his address of record. Signed by Judge Randolph D. Moss on 3/7/2017. (lcrdm3, ) (Entered: 03/07/2017)
2017-03-1020Consent MOTION for Extension of Time to File Motion for Partial Summary Judgment by THOMAS J. COLBERT (Attachments: # 1 Text of Proposed Order)(Zaid, Mark) (Entered: 03/10/2017)
2017-03-13MINUTE ORDER: Upon consideration of Plaintiff's third Consent Motion for Extension of Time to File Motion for Partial Summary Judgment 20 , the motion is hereby GRANTED. It is hereby ORDERED that the briefing schedule be amended as follows: Plaintiff shall move for partial summary judgment on or before March 29, 2017; Defendant shall file an opposition and, if it so chooses, a cross-motion for partial summary judgment, on or before May 10, 2017; Plaintiff shall file a reply and, if appropriate, an opposition, on or before June 12, 2017; and Defendant shall, if appropriate, file a final reply on or before June 30, 2017. In the event that Defendant files a Glomar response to Plaintiffs' motion, Defendant may file an ex parte submission in camera in support of that response. Additionally, the requirement that the parties submit a joint status report regarding Defendant's continuing monthly productions on or before April 6, 2017, remains unchanged. Signed by Judge Randolph D. Moss on 3/13/2017. (lcrdm3, ) (Entered: 03/13/2017)
2017-03-13Set/Reset Deadlines: Plaintiff shall move for partial summary judgment on or before 3/29/2017; Defendant shall file an opposition and, if it so chooses, a cross-motion for partial summary judgment, on or before 5/10/2017; Plaintiff shall file a reply and, if appropriate, an opposition, on or before 6/12/2017; Defendant shall, if appropriate, file a final reply on or before 6/30/2017. (kt) (Entered: 03/13/2017)
2017-03-2921MOTION for Summary Judgment or Alternatively Discovery by THOMAS J. COLBERT (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit 1 - Sacramento Bee Article, # 4 Exhibit 2 - San Bernardino Article, # 5 Exhibit 3 - Stockton Record Article, # 6 Exhibit 4 - Two California Articles, # 7 Exhibit 5 - Seattle Times Article, # 8 Exhibit 6 - Zaid 56(f) Declaration, # 9 Exhibit 7 - Colbert Declaration, # 10 Exhibit 7A - Bulky Exhibit, # 11 Exhibit 7B - Rackstraw Photo, # 12 Exhibit 7C - Challenging FBI's Decision, # 13 Exhibit 8 - Bocciolatt Declaration, # 14 Exhibit 9 - Stockton Record Article, # 15 Text of Proposed Order)(Zaid, Mark). Added MOTION for Discovery on 3/30/2017 (td). (Entered: 03/29/2017)
2017-03-3022NOTICE of Errata by THOMAS J. COLBERT re 21 MOTION for Summary Judgment or Alternatively Discovery MOTION for Discovery (Attachments: # 1 Exhibit 1 - Table of Contents, # 2 Exhibit 2 - Table of Authorities, # 3 Exhibit 7-A)(Zaid, Mark) (Entered: 03/30/2017)
2017-04-0623Joint STATUS REPORT by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Simon, Jeremy) (Entered: 04/06/2017)
2017-04-06MINUTE ORDER: Upon consideration of the parties' Joint Status Report 23 , the Court hereby ORDERS as follows: (1) The parties shall file a further Joint Status Report regarding production on or before June 30, 2017; (2) A motion hearing on the pending motion for summary judgment 21 (and any potential cross-motion) is set for July 14, 2017, at 10:00 a.m.; and (3) the parties shall be prepared to address any dispute regarding the rate of production at the July 14, 2017, motion hearing. Signed by Judge Randolph D. Moss on 4/6/2017. (lcrdm3, ) (Entered: 04/06/2017)
2017-04-06Set/Reset Deadlines/Hearings: The parties shall file a further Joint Status Report on or before 6/30/2017. A Motion Hearing is set for 7/14/2017, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 04/06/2017)
2017-05-0424Consent MOTION for Extension of Time to File Opposition and Cross-Motion, Adjust Briefing Schedule and Reschedule Motions Hearing by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 05/04/2017)
2017-05-10MINUTE ORDER: Upon consideration of Defendants' Consent Motion for Extension of Time for Defendants to File Opposition and Cross-Motion and to Reschedule Motions Hearing 24 , the motion is hereby GRANTED. It is ORDERED that Defendants shall file their opposition to Plaintiff's motion for partial summary judgment and any cross-motion on or before May 17, 2017; that Plaintiff shall file his reply and opposition to any cross-motion on or before June 19, 2017; and that Defendants shall file any final reply on or before July 7, 2017. It is FURTHER ORDERED that the motion hearing set for July 14, 2017, be VACATED pending further order from the Court. Signed by Judge Randolph D. Moss on 5/10/2017. (lcrdm3, ) (Entered: 05/10/2017)
2017-05-10Set/Reset Deadlines: Defendants opposition to Plaintiff's motion for partial summary judgment and any cross-motion due on or before 5/17/2017; Plaintiff's reply and opposition to any cross-motion due on or before 6/19/2017; Defendants final reply due on or before 7/7/2017. (kt) (Entered: 05/10/2017)
2017-05-1725Memorandum in opposition to re 21 MOTION for Summary Judgment or Alternatively Discovery MOTION for Discovery filed by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Defendants' Response to Plaintiff's Local Rule 7(h) Statement, # 2 Proposed Order, # 3 Third Declaration of David M. Hardy)(Simon, Jeremy) (Entered: 05/17/2017)
2017-05-1726NOTICE of Errata Regarding Third Hardy Declaration by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION re 25 Memorandum in Opposition, (Simon, Jeremy) (Entered: 05/17/2017)
2017-06-1927Consent MOTION for Extension of Time to File Response/Reply as to 21 MOTION for Summary Judgment or Alternatively Discovery MOTION for Discovery by THOMAS J. COLBERT (Attachments: # 1 Text of Proposed Order)(Zaid, Mark) (Entered: 06/19/2017)
2017-06-19MINUTE ORDER: Upon consideration of Plaintiff's Consent Motion for Extension of Time 27 , the motion is hereby GRANTED. It is ORDERED that Plaintiff shall file his reply brief on or before June 23, 2017. Signed by Judge Randolph D. Moss on 6/19/2017. (lcrdm3, ) (Entered: 06/19/2017)
2017-06-19Set/Reset Deadlines: Reply to Motion for Summary Judgment due by 6/23/2017. (kt) (Entered: 06/19/2017)
2017-06-2030Amended AMICUS BRIEF by ROBERT RACKSTRAW. (td) (Entered: 06/30/2017)
2017-06-2328REPLY to opposition to motion re 21 MOTION for Summary Judgment or Alternatively Discovery MOTION for Discovery filed by THOMAS J. COLBERT. (Attachments: # 1 Exhibit 1 - Rackstraw Boat Listing, # 2 Exhibit 2 - Skyjack Book Info, # 3 Exhibit 3 - Unredacted NORJACK Pages)(Zaid, Mark) (Entered: 06/23/2017)
2017-06-3029Joint STATUS REPORT of the Parties by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Simon, Jeremy) (Entered: 06/30/2017)
2017-07-06MINUTE ORDER: Upon consideration of the parties' Joint Status Report 29 , the parties are hereby ORDERED to file a further joint status report on or before August 30, 2017. It is FURTHER ORDERED that the parties appear for a status conference on September 1, 2017, at 10:00 a.m., to discuss Plaintiff's request for limited discovery in this FOIA action. Signed by Judge Randolph D. Moss on 7/6/2017. (lcrdm3, ) (Entered: 07/06/2017)
2017-07-06Set/Reset Deadlines/Hearings: Joint Status Report due by 8/30/2017. Status Conference set for 9/1/2017, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 07/06/2017)
2017-08-3031Joint STATUS REPORT by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Exhibit 1 (Defendant's Exhibit), # 2 Exhibit 2 (Plaintiff's Exhibit))(Simon, Jeremy) (Entered: 08/30/2017)
2017-09-01Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 9/1/2017. Order forthcoming. (Court Reporter: Jeff Hook.) (kt) (Entered: 09/01/2017)
2017-09-01MINUTE ORDER: Plaintiff is hereby ORDERED to briefly identify areas in which Plaintiff asserts the Corrected Declaration of David M. Hardy 15 and/or the Third Declaration of David M. Hardy 25 fails to adequately address: (1) whether any prior release of records from the NORJACK investigation was without authorization; and (2) the FBI's determination of the processing rate for the productions at issue. It is hereby ORDERED that these questions shall be filed with the Court on or before September 15, 2017. It is further ORDERED that Defendants may file an opposition to the proposed questions on or before September 29, 2017. Signed by Judge Randolph D. Moss on 9/1/17. (lcrdm3, ) (Entered: 09/01/2017)
2017-09-01Set/Reset Deadlines: Questions to be filed with the Court on or before 9/15/2017; Defendants may file an opposition to the proposed questions on or before 9/29/2017. (kt) (Entered: 09/01/2017)
2017-09-1432Consent MOTION for Extension of Time to File Questions to Court by THOMAS J. COLBERT (Attachments: # 1 Text of Proposed Order)(Moss, Bradley) (Entered: 09/14/2017)
2017-09-14MINUTE ORDER: Upon consideration of the Consent Motion for Extension of Time 32 , the motion is hereby GRANTED. The Court ORDERS the Plaintiff to file his questions on or before September 19, 2017. Signed by Judge Randolph D. Moss on 9/14/2017. (lcrdm3, ) (Entered: 09/14/2017)
2017-09-14Set/Reset Deadlines: Plaintiff to file his questions on or before 9/19/2017. (kt) (Entered: 09/14/2017)
2017-09-1933RESPONSE TO ORDER OF THE COURT re Order,, Dated September 1, 2017 filed by THOMAS J. COLBERT. (Attachments: # 1 Exhibit 1 - Grey Book Pages)(Zaid, Mark) (Entered: 09/19/2017)
2017-09-2634Consent MOTION for Extension of Time to File Opposition to Plaintiff's Proposed Questions by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 09/26/2017)
2017-09-26MINUTE ORDER: Upon consideration of the Consent Motion for Extension of Time 34 , it is hereby ORDERED that the motion is GRANTED. The Defendants shall file any response to the Plaintiff's proposed questions on or before October 10, 2017. Signed by Judge Randolph D. Moss on 9/26/17. (lcrdm3, ) (Entered: 09/26/2017)
2017-09-27Set/Reset Deadlines: Defendants shall file any response to the Plaintiff's proposed questions on or before 10/10/2017. (kt) (Entered: 09/27/2017)
2017-10-1035REPLY re 33 Response to Order of the Court (Defendant's Objections to Plaintiff's Proposed Questions) filed by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Simon, Jeremy) (Entered: 10/10/2017)
2017-10-1836NOTICE of Filing of Relevant Court Decision by THOMAS J. COLBERT re 33 Response to Order of the Court (Attachments: # 1 Exhibit 1 - Boundaoui v. Federal Bureau of Investigation et al)(Zaid, Mark) (Entered: 10/18/2017)
2017-12-04Case directly reassigned to Judge Dabney L. Friedrich. Judge Randolph D. Moss is no longer assigned to the case. (ztnr) (Entered: 12/04/2017)
2018-09-0337ORDER denying the plaintiff's 21 Motion for Partial Summary Judgment or Alternatively Discovery. See order for additional details. Signed by Judge Dabney L. Friedrich on September 3, 2018. (lcdlf2) (Entered: 09/03/2018)
2018-12-0338STATUS REPORT of the FBI Pursuant to the Court's September 3, 2018 Memorandum Opinion by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Simon, Jeremy) (Entered: 12/03/2018)
2018-12-03MINUTE ORDER. Having considered defendant FBI's 38 Status Report, it is ORDERED that the parties shall file a joint status report on or before January 7, 2019 indicating whether the parties request a status conference and, if so, proposing three dates for any such conference. Signed by Judge Dabney L. Friedrich on December 3, 2018. (lcdlf1) (Entered: 12/03/2018)
2018-12-03Set/Reset Deadlines/Hearings: Joint Status Report due by 1/7/2019. (jl) (Entered: 12/04/2018)
2019-01-0439MOTION to Stay in Light of Lapse in Appropriations by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Simon, Jeremy) (Entered: 01/04/2019)
2019-01-04MINUTE ORDER granting the defendants' 39 Motion to Stay Proceedings in Light of Lapse in Appropriations. Accordingly, it is ORDERED that this case is STAYED until Congress has restored appropriations to the Department of Justice. It is further ORDERED that the defendants shall promptly notify the Court as soon as appropriations are restored, and at that time, the parties shall file a joint status report indicating whether the parties request a status conference and, if so, proposing three dates for any such conference. Signed by Judge Dabney L. Friedrich on January 4, 2019. (lcdlf1) (Entered: 01/04/2019)
2019-01-2840STATUS REPORT (Joint Notice of Restored Funding and Status Report) by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Simon, Jeremy) (Entered: 01/28/2019)
2019-01-28MINUTE ORDER. In light of the parties' 40 Joint Notice and Status Report, it is ORDERED that the parties shall appear for a status conference on February 21, 2019 at 11:00 A.M. in Courtroom 12. Signed by Judge Dabney L. Friedrich on January 28, 2019. (lcdlf1) (Entered: 01/28/2019)
2019-01-29Set/Reset Deadlines/Hearings: Status Conference set for 2/21/2019 at 11:00 AM in Courtroom 12 before Judge Dabney L. Friedrich. (jl) (Entered: 01/29/2019)
2019-02-21Minute Entry for proceedings held before Judge Dabney L. Friedrich: Status Conference held on 2/21/2019. Parties directed to file a joint status report by 8/1/2019. The status report should update the Court on where things stand in terms of processing, and should also contain three potential hearing dates/times. After review of the joint status report, the Court will schedule a further status conference if deemed necessary. (Court Reporter: Sara Wick) (zcdw) (Entered: 02/21/2019)
2019-02-22MINUTE ORDER. As stated in the status conference held on February 21, 2019, it is ORDERED that the parties shall file a joint status report on or before August 1, 2019 updating the Court on the status of the defendant's processing of the plaintiff's request and proposing three possible dates for a status conference, if requested. Signed by Judge Dabney L. Friedrich on February 22, 2019. (lcdlf1) (Entered: 02/22/2019)
2019-07-1041NOTICE of Filing of Death of Robert Rackstraw by THOMAS J. COLBERT (Attachments: # 1 Exhibit A - Newspaper Articles)(Zaid, Mark) (Entered: 07/10/2019)
2019-08-0142Joint STATUS REPORT by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Simon, Jeremy) (Entered: 08/01/2019)
2019-08-02MINUTE ORDER. After considering the FBI's 42 Status Report, it is ORDERED that the parties shall file another joint status report on or before September 13, 2019 indicating whether the parties request a status conference and, if so, proposing three dates for any such conference. Signed by Judge Dabney L. Friedrich on August 2, 2019. (lcdlf1) (Entered: 08/02/2019)
2019-08-02Set/Reset Deadlines: Joint Status Report due by 9/13/2019. (zcal) (Entered: 08/02/2019)
2019-08-0643NOTICE of Filing of Relevant Case Decision by THOMAS J. COLBERT (Attachments: # 1 Exhibit 1 - SDNY Court Decision)(Zaid, Mark) (Entered: 08/06/2019)
2019-09-1244Joint STATUS REPORT by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Simon, Jeremy) (Entered: 09/12/2019)
2019-09-13MINUTE ORDER. Upon consideration of the parties' 44 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before November 13, 2019. So Ordered by Judge Dabney L. Friedrich on September 13, 2019. (lcdlf1) (Entered: 09/13/2019)
2019-11-1245Joint STATUS REPORT by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Simon, Jeremy) (Entered: 11/12/2019)
2019-11-12MINUTE ORDER. Upon consideration of the parties' 45 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before January 16, 2020. So Ordered by Judge Dabney L. Friedrich on November 12, 2019. (lcdlf1) (Entered: 11/12/2019)
2019-12-1146Mail Returned as Undeliverable; Sent to Robert Rackstraw. Document Returned: Minute Order issued 11/12/2019. Document not resent: no other known address for defendant. (zjch) (Entered: 12/11/2019)
2020-01-1647Joint STATUS REPORT by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Simon, Jeremy) (Entered: 01/16/2020)
2020-01-17MINUTE ORDER. Upon consideration of the parties' 47 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before April 15, 2020. So Ordered by Judge Dabney L. Friedrich on January 17, 2020. (lcdlf1) (Entered: 01/17/2020)
2020-02-1448Mail Returned as Undeliverable; Sent to Robert Rackstraw; Type of Document Returned: Minute Order issued 1-17-2020; Document not resent: no other known address for defendant. (zjch) (Entered: 02/14/2020)
2020-04-1549Joint STATUS REPORT by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Plaintiff Exhibit 1)(Simon, Jeremy) (Entered: 04/15/2020)
2020-04-20MINUTE ORDER. Upon consideration of the parties' 49 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before May 14, 2020. So Ordered by Judge Dabney L. Friedrich on April 20, 2020. (lcdlf1) (Entered: 04/20/2020)
2020-05-1450Joint STATUS REPORT by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Declaration of David Hardy)(Simon, Jeremy) (Entered: 05/14/2020)
2020-05-18MINUTE ORDER. Upon consideration of the parties' 50 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before June 24, 2020. It is also ORDERED that the STAY in this case is LIFTED. So Ordered by Judge Dabney L. Friedrich on May 18, 2020. (lcdlf1) (Entered: 05/18/2020)
2020-06-1051Mail Returned as Undeliverable; Sent to Robert Rackstraw; Type of Document Returned: Minute Order filed 5/18/2020; Resent at New Address: n/a. (zjch) (Entered: 06/10/2020)
2020-06-2452Joint STATUS REPORT by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Simon, Jeremy) (Entered: 06/24/2020)
2020-06-26MINUTE ORDER. Upon consideration of the parties' 52 Joint Status Report, the parties shall file another joint status report on or before August 12, 2020. So Ordered by Judge Dabney L. Friedrich on June 26, 2020. (lcdlf1) (Entered: 06/26/2020)
2020-07-1453Mail Returned as Undeliverable; Sent to ROBERT RACKSTRAW; Type of Document Returned: Notice of Minute Order;.. (zeg) (Entered: 07/16/2020)
2020-08-1254Joint STATUS REPORT by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Simon, Jeremy) (Entered: 08/12/2020)
2020-08-12MINUTE ORDER. Upon consideration of the parties' 54 Joint Status Report, the Court will not increase the FBI's monthly document processing rate at this time, but it directs the parties to confer and file another joint status report on or before September 23, 2020 that updates the Court on the FBI's progress and details the parties' recent efforts to prioritize records of highest interest to the plaintiff, including those involving Robert Rackstraw. So Ordered by Judge Dabney L. Friedrich on August 12, 2020. (lcdlf1) (Entered: 08/12/2020)
2020-08-12Set/Reset Deadlines: Status Report due by 9/23/2020 (zjch) (Entered: 08/12/2020)
2020-09-2355Joint STATUS REPORT by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Simon, Jeremy) (Entered: 09/23/2020)
2020-09-23MINUTE ORDER. Upon consideration of the parties' 55 Joint Status Report, the parties shall file another joint status report on or before November 19, 2020. So Ordered by Judge Dabney L. Friedrich on September 23, 2020. (lcdlf1) (Entered: 09/23/2020)
2020-09-23Set/Reset Deadlines: Joint Status Report due by 11/19/2020. (zjd) (Entered: 09/24/2020)
2020-11-0656Mail Returned as Undeliverable; Sent to Robert Rackstraw; Type of Document Returned: Minute Order issued 9/23/2020; Resent at New Address: n/a - addressee deceased. (zjch) (Entered: 11/06/2020)
2020-11-23MINUTE ORDER. On September 23, 2020, the Court ordered the parties to file a joint status report on or before November 19, 2020. They have not yet done so. Accordingly, it is ORDERED that the parties shall file a joint status report on or before November 25, 2020. So Ordered by Judge Dabney L. Friedrich on November 23, 2020. (lcdlf1) (Entered: 11/23/2020)
2020-11-2457Joint STATUS REPORT by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Simon, Jeremy) (Entered: 11/24/2020)
2020-11-24MINUTE ORDER. Upon consideration of the parties' 57 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before January 14, 2021. So Ordered by Judge Dabney L. Friedrich on November 24, 2020. (lcdlf1) (Entered: 11/24/2020)
2021-01-1458Joint STATUS REPORT by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Declaration of Michael G. Seidel)(Simon, Jeremy) (Entered: 01/14/2021)
2021-01-14MINUTE ORDER. Upon consideration of the parties' 58 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before March 17, 2021. So Ordered by Judge Dabney L. Friedrich on January 14, 2021. (lcdlf1) (Entered: 01/14/2021)
2021-01-2859Mail Returned as Undeliverable; Sent to Robert Rickstraw; Type of Document Returned: Minute Order filed 11/23/2020; Resent at New Address: n/a. Recipient Deceased. (zjch) (Entered: 01/28/2021)
2021-01-2860Mail Returned as Undeliverable; Sent to Robert Rickstraw; Type of Document Returned: Minute Order filed 11/24/2020; Resent at New Address: n/a Recipient Deceased. (zjch) (Entered: 01/28/2021)
2021-02-1261Mail Returned as Undeliverable; Sent to Robert Rickstraw; Type of Document Returned: Minute Order dated 1/14/2021; Resent at New Address: n/a. Recipient "not deliverable as addressed". (zjch) (Entered: 02/12/2021)
2021-03-1662Joint STATUS REPORT by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Simon, Jeremy) (Entered: 03/16/2021)
2021-03-17MINUTE ORDER. Upon consideration of the parties' 62 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before May 19, 2021. So Ordered by Judge Dabney L. Friedrich on March 17, 2021. (lcdlf1) (Entered: 03/17/2021)
2021-04-0763Mail Returned as Undeliverable; Sent to Robert Rackstraw; Type of Document Returned: Minute Order dated 3/17/21; Resent at New Address: n/a. (zjch) (Entered: 04/07/2021)
2021-05-1964Joint STATUS REPORT by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Simon, Jeremy) (Entered: 05/19/2021)
2021-05-19MINUTE ORDER. Upon consideration of the parties' 64 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before July 22, 2021. So Ordered by Judge Dabney L. Friedrich on May 19, 2021. (lcdlf1) (Entered: 05/19/2021)
2021-07-2165Joint STATUS REPORT by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Simon, Jeremy) (Entered: 07/21/2021)
2021-07-23MINUTE ORDER. Upon consideration of the parties' 65 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before September 22, 2021. It is further ORDERED that the parties shall inform the Courtroom Deputy of three dates (and times) in October on which they are available for a status conference to discuss the issues raised by the plaintiff in the 65 Joint Status Report. So Ordered by Judge Dabney L. Friedrich on July 23, 2021. (lcdlf1) (Entered: 07/23/2021)
2021-07-23Set/Reset Deadlines: Status Report due by 9/22/2021 (zjch) (Entered: 07/23/2021)
2021-09-2266Joint STATUS REPORT by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Simon, Jeremy) (Entered: 09/22/2021)
2021-09-23NOTICE of Hearing: Status Conference set for 10/21/2021 at 9:00 AM via video before Judge Dabney L. Friedrich. (zjch, ) (Entered: 09/23/2021)
2021-09-24MINUTE ORDER. Upon consideration of the parties' 66 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before November 22, 2021. In addition, to discuss the issues raised by the plaintiff in the 65 Joint Status Report, a status conference is scheduled for October 21, 2021 at 9:00am by videoconference. So Ordered by Judge Dabney L. Friedrich on September 24, 2021. (lcdlf1) (Entered: 09/24/2021)
2021-10-14Set/Reset Hearings: Status Conference set for 10/19/2021 at 1:00 PM via video before Judge Dabney L. Friedrich. (zjch, ) (Entered: 10/14/2021)
2021-10-19Minute Entry for proceedings held before Judge Dabney L. Friedrich: Status Conference held on 10/19/2021. Status Report due by 12/17/2021. Court Reporter Sara Wick. (zjch, ) (Entered: 10/19/2021)
2021-12-1667Joint STATUS REPORT by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Simon, Jeremy) (Entered: 12/16/2021)
2021-12-20MINUTE ORDER. Upon consideration of the parties' 67 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before February 16, 2022. So Ordered by Judge Dabney L. Friedrich on December 20, 2021. (lcdlf1) (Entered: 12/20/2021)
2022-01-2068Mail Returned as Undeliverable re Minute Order dated 12/20/2022, Sent to Robert Rackstraw; Resent at New Address: n/a. Mail recipient is deceased (zjch, ) (Entered: 01/20/2022)
2022-02-1669Joint STATUS REPORT by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Simon, Jeremy) (Entered: 02/16/2022)
2022-02-21MINUTE ORDER. Upon consideration of the parties' 68 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before April 13, 2022. So Ordered by Judge Dabney L. Friedrich on February 21, 2022. (lcdlf1) (Entered: 02/21/2022)
2022-04-1370Joint STATUS REPORT by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Simon, Jeremy) (Entered: 04/13/2022)
2022-04-18MINUTE ORDER. Upon consideration of the parties' 70 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before June 15, 2022. So Ordered by Judge Dabney L. Friedrich on April 18, 2022. (lcdlf1) (Entered: 04/18/2022)
2022-04-2971Mail Returned as Undeliverable re Minute Order dated 2/21/22 Set Deadlines Sent to Robert Rackstraw; Resent at New Address: n/a. (zjch, ) (Entered: 04/29/2022)
2022-05-0972Mail Returned as Undeliverable re Order, Set Deadlines Sent to Robert Rackstraw; Resent at New Address: n/a. (zjch, ) (Entered: 05/09/2022)
2022-06-1473Joint STATUS REPORT by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Simon, Jeremy) (Entered: 06/14/2022)
2022-06-22MINUTE ORDER. Upon consideration of the parties' 73 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before September 13, 2022. So Ordered by Judge Dabney L. Friedrich on June 22, 2022. (lcdlf1) (Entered: 06/22/2022)
2022-06-22Set/Reset Deadlines: Status Report due by 9/13/2022 (zjch, ) (Entered: 06/22/2022)
2022-07-1174Mail Returned as Undeliverable re Order Sent to Robert Rackstraw; Resent at New Address: n/a. (zjch, ) (Entered: 07/11/2022)
2022-09-1375Joint STATUS REPORT by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Simon, Jeremy) (Entered: 09/13/2022)
2022-09-13MINUTE ORDER. Upon consideration of the parties' 75 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before December 13, 2022. So Ordered by Judge Dabney L. Friedrich on September 13, 2022. (lcdlf1) (Entered: 09/13/2022)
2022-09-2876Mail Returned as Undeliverable re 9/13/2022 Minute Order, Set Deadlines, Sent to Robert Rackstraw; Resent at New Address: n/a. (zjch, ) (Entered: 09/28/2022)
2022-12-1377Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, US DEPT OF JUSTICE. (Simon, Jeremy) (Entered: 12/13/2022)
2022-12-13MINUTE ORDER. Upon consideration of the parties' 77 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before March 15, 2023. So Ordered by Judge Dabney L. Friedrich on December 13, 2022. (lcdlf1) (Entered: 12/13/2022)
2023-03-1578Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, US DEPT OF JUSTICE. (Simon, Jeremy) (Entered: 03/15/2023)
2023-03-15MINUTE ORDER. Upon consideration of the parties' 78 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before June 13, 2023. So Ordered by Judge Dabney L. Friedrich on March 15, 2023. (lcdlf1) (Entered: 03/15/2023)
2023-04-1079Mail Returned as Undeliverable re Order, Set Deadlines Sent to Robert Rackstraw; Resent to New Address: n/a - Deceased. (zjch, ) (Entered: 04/10/2023)
2023-06-1380Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, US DEPT OF JUSTICE. (Simon, Jeremy) (Entered: 06/13/2023)
2023-06-13MINUTE ORDER. Upon consideration of the parties' 80 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before September 13, 2023. So Ordered by Judge Dabney L. Friedrich on June 13, 2023. (lcdlf1) (Entered: 06/13/2023)
2023-09-1381Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, US DEPT OF JUSTICE. (Simon, Jeremy) (Entered: 09/13/2023)
2023-09-13MINUTE ORDER. Upon consideration of the parties' 81 Joint Status Report, the parties shall file a joint status report on or before December 13, 2023. So Ordered by Judge Dabney L. Friedrich on September 13, 2023. (lcdlf1) (Entered: 09/13/2023)
2023-09-13Set/Reset Deadlines: Status Report due by 12/13/2023 (zjch, ) (Entered: 09/14/2023)
2023-12-1382Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Simon, Jeremy) (Entered: 12/13/2023)
2023-12-18MINUTE ORDER. Upon consideration of the parties' 82 Status Report, the parties shall file a joint status report on or before March 12, 2024. So Ordered by Judge Dabney L. Friedrich on December 18, 2023. (lcdlf1) (Entered: 12/18/2023)
2024-02-1683Mail Returned as Undeliverable re Minute Order dated 12/18/23 Sent to Robert Rackstraw; Resent to New Address: n/a - party deceased. (zjch, ) (Entered: 02/16/2024)
2024-03-1284Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Simon, Jeremy) (Entered: 03/12/2024)
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