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Case TitleJabar v. U.S. Department of Homeland Security Transportation Security Administration
DistrictWestern District of New York
CityBuffalo
Case Number1:2017cv00276
Date Filed2017-03-29
Date Closed2020-07-22
JudgeHon. John L. Sinatra, Jr.
PlaintiffSteve S. Jabar
Case DescriptionSteve Jabar submitted a FOIA request to the Transportation Security Administration for records about himself. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Jabar filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. Department of Homeland Security Transportation Security Administration
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [33]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-03-291COMPLAINT against U.S. Department of Homeland Security Transportation Security Administration, filed by Steve S. Jabar.(KM) (Additional attachment(s) added on 3/31/2017: # 1 Civil Cover Sheet) (KM). (Entered: 03/31/2017)
2017-03-29Filing fee received: $ 400.00, receipt number BUF054758 (KM) (Entered: 03/31/2017)
2017-03-31Plaintiff mailed the Consent forms and Privacy notice. (KM) (Entered: 03/31/2017)
2017-04-122NOTICE of Appearance by Michael S. Cerrone on behalf of U.S. Department of Homeland Security Transportation Security Administration (Cerrone, Michael) (Entered: 04/12/2017)
2017-04-183CERTIFICATE OF SERVICE by Steve S. Jabar. (KM) (Entered: 04/19/2017)
2017-05-114ANSWER to 1 Complaint by U.S. Department of Homeland Security Transportation Security Administration.(Cerrone, Michael) (Entered: 05/11/2017)
2017-05-12AUTOMATIC REFERRAL to Mediation. Please note this entry was inadvertently not docketed at time of case opening. The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution (KM) (Entered: 05/12/2017)
2017-07-055MOTION for a Vaughn Index by Steve S. Jabar. (Attachments: # 1 Memorandum in Support)(KM) (Entered: 07/07/2017)
2017-07-316DECLARATION filed by U.S. Department of Homeland Security Transportation Security Administration . (Cerrone, Michael) (Entered: 07/31/2017)
2017-11-177TEXT REFERRAL ORDER (DISPOSITIVE) - Hon. Leslie G. Foschio, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. § 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. § 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 11/17/2017. (CMD) (Entered: 11/17/2017)
2017-11-208ORDER. Scheduling Conference set for 1/3/2018 11:30 AM before Hon. Leslie G. Foschio. Signed by Hon. Leslie G. Foschio on 11/20/2017. (SDW)(Copy of Order mailed to Pro Se Plaintiff) (Entered: 11/20/2017)
2018-01-039Minute Entry for proceedings held before Hon. Leslie G. Foschio: Scheduling Conference held on 1/3/2018. Case management order discussed, same to be filed by the court. Pltf shall file, with consent of Deft, motion to opt out of ADR not later than 1/26/2018. Appearances: Pltf: Michael Kuzma, Esq., Steve Jabar; Dft-AUSA Michael Cerrone, Esq. (Court Reporter FTR Gold.) (SDW) (Entered: 01/03/2018)
2018-01-0410SCHEDULING ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) ( Defendant shall file its Vaughn index on or before 8/21/2018. Defendant shall release to plaintiff non-exempt documents responsive to plaintiffs Freedom of Information Act (FOIA) request on or before 8/31/2018. Dispositive Motions due by 9/28/2018. Signed by Hon. Leslie G. Foschio on 1/4/2018. (SDW)(Copy of Scheduling Order mailed to Pro Se Plaintiff) (Entered: 01/04/2018)
2018-08-2911DECLARATION signed by Douglas E. Blair filed by U.S. Department of Homeland Security Transportation Security Administration . (Cerrone, Michael) (Entered: 08/29/2018)
2018-08-2912DECLARATION signed by Teri M. Miller filed by U.S. Department of Homeland Security Transportation Security Administration . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Cerrone, Michael) (Entered: 08/29/2018)
2018-09-2713MOTION to Dismiss by U.S. Department of Homeland Security Transportation Security Administration.(Cerrone, Michael) (Entered: 09/27/2018)
2018-09-2714MEMORANDUM IN SUPPORT re 13 MOTION to Dismiss byU.S. Department of Homeland Security Transportation Security Administration. (Cerrone, Michael) (Entered: 09/27/2018)
2018-09-2715STATEMENT OF FACTS (Statement of Undisputed Facts) by U.S. Department of Homeland Security Transportation Security Administration Related document: 13 Motion to Dismiss. (Cerrone, Michael) (Entered: 09/27/2018)
2018-09-2716DECLARATION signed by Douglas E. Blair re 13 MOTION to Dismiss filed by U.S. Department of Homeland Security Transportation Security Administration . (Cerrone, Michael) (Entered: 09/27/2018)
2018-09-2717DECLARATION signed by Teri M. Miller re 13 MOTION to Dismiss filed by U.S. Department of Homeland Security Transportation Security Administration (w/ Exhibits A-J) . (Cerrone, Michael) (Entered: 09/27/2018)
2018-09-2718ORDER re 13 MOTION to Dismiss filed by U.S. Department of Homeland Security Transportation Security Administration. Responses due by 10/29/2018., Replies due by 11/13/2018. Signed by Hon. Leslie G. Foschio on 9/27/2018. (SDW) (Copy of Order mailed to Pro Se Plaintiff at 57 Birkdale, Cheekotwaga, New York) (Entered: 09/28/2018)
2018-10-2219MOTION for Additional Time to resond to Defendant's Motion for Summary Judgment. by Steve S. Jabar.(KM) (Entered: 10/24/2018)
2018-10-2520DECLARATION signed by Michael S. Cerrone filed by U.S. Department of Homeland Security Transportation Security Administration . (Cerrone, Michael) (Entered: 10/25/2018)
2018-10-2521TEXT ORDER granting 19 Motion to Extend time to respond to 13 Defendant's motion to dismiss. Plaintiff's response due 12/21/2018; Defendant's reply, if any, due 1/11/2019. Issued by Hon. Leslie G. Foschio on 10/25/2018. (SDW)(Copy of Text Order mailed to Pro Se Plaintiff at 57 Birkdale Road, Cheektowaga, New York) (Entered: 10/25/2018)
2018-12-2022NOTICE OF MOTION for Summary Judgment by Steve S. Jabar. (Attachments: # 1 Memorandum of Law in Support)(KM) (Entered: 12/26/2018)
2018-12-2023PLAINTIFF'S Statement of Material, Undisputed Facts and Response to Defendants' Statement of Undisputed Facts pursuant to Local Rule 56 by Steve S. Jabar. (KM) (Entered: 12/26/2018)
2018-12-2724First MOTION for Extension of Time to File Reply Brief by U.S. Department of Homeland Security Transportation Security Administration.(Cerrone, Michael) (Entered: 12/27/2018)
2018-12-2725Certificate of Service for 24 Motion for Extension of Time Modified to correct document title on 12/28/2018 (KM). (Entered: 12/27/2018)
2018-12-28E-Filing Notification: 25 MOTION for Extension of Time to File -- Certificate of Service Incorrect event used to electronically file document. For future reference, use (Certificate of Service found under Service of Process) event. No action required. (KM) (Entered: 12/28/2018)
2019-01-0726TEXT ORDER. Due to lapse in funding to the United States Department of Justice a general stay order has been entered in all civil cases in which the appearance of the United States Attorney's Office for the Western District of New York has been entered. Upon the restoration of Department of Justice funding, Defendant's counsel shall contact the court and a date to file Defendant's reply shall be established. Issued by Hon. Leslie G. Foschio on 1/7/2019. (SDW)(Copy of Text Order and General Order mailed to Pro Se Plaintiff) (Entered: 01/07/2019)
2019-01-2927MOTION for an order setting deadlines by U.S. Department of Homeland Security Transportation Security Administration. (Attachments: # 1 Declaration)(Cerrone, Michael) Modified on 1/30/2019 to add relief description (SG). (Entered: 01/29/2019)
2019-02-0428TEXT ORDER granting 27 Motion to set deadlines. Defendant's due date for Defendant's reply memorandum of law in support of its summary judgment motion 13 and its memorandum of law in opposition to Plaintiff's motion for summary judgment 22 is 3/31/2019. Issued by Hon. Leslie G. Foschio on 2/4/2019. (SDW)(Copy of Text Order mailed to Pro Se Plaintiff at 57 Birkdale Road, Cheektowaga, New York) (Entered: 02/04/2019)
2019-03-2829MEMORANDUM IN SUPPORT re 13 MOTION to Dismiss byU.S. Department of Homeland Security Transportation Security Administration. (Cerrone, Michael) (Entered: 03/28/2019)
2019-03-2830REPLY/RESPONSE to re 23 Remark filed by U.S. Department of Homeland Security Transportation Security Administration. (Cerrone, Michael) (Entered: 03/28/2019)
2020-02-1431TEXT ORDER REASSIGNING CASE to the Hon. John L. Sinatra, Jr. Signed by Mary C. Loewenguth, Clerk of Court, on February 14, 2020.(JMM) (Entered: 02/14/2020)
2020-06-1832REPORT AND RECOMMENDATION re 13 MOTION for summary judgment filed by Defendant U.S. Department of Homeland Security Transportation Security Administration should be DENIED in part and GRANTED in part, 22 MOTION for Summary Judgment filed by Plaintiff Steve S. Jabar should be DENIED. The Clerk of Court should be directed to close the file. Objections due fourteen days from receipt. Signed by Hon. Leslie G. Foschio on 06/18/2020. (TAH) (Entered: 06/18/2020)
2020-06-18Remark. Copy or Report and Recommendation 32 mailed to pro se Plaintiff at 57 Birkdale, Cheektowaga, New York, 14225. (SDW) (Entered: 06/18/2020)
2020-07-2133ORDER granting 13 Motion to Dismiss; denying 22 Motion for Summary Judgment; adopting Report and Recommendations re 32 Report and Recommendations. Signed by Hon. John L. Sinatra, Jr. on 7/21/20. (SG) (Entered: 07/22/2020)
2020-07-2234JUDGMENT in favor of U.S. Department of Homeland Security Transportation Security Administration against Steve S. Jabar. Signed by Mary C. Loewenguth, Clerk of Court on 7/22/20. (SG) Plaintiff mailed final order, judgment and appeal packet. (Entered: 07/22/2020)
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