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Case TitleJabar v. U.S. Department of Justice
DistrictWestern District of New York
CityBuffalo
Case Number1:2017cv00301
Date Filed2017-04-10
Date Closed2022-01-12
JudgeHon. John L. Sinatra, Jr.
PlaintiffSteve Satar Jabar
Case DescriptionSteve Jabar submitted a FOIA request to the FBI for records about himself. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Jabar filed an administrative appeal. The Office of Information Policy denied his appeal, and Jabar filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. Department of Justice
AppealSecond Circuit 22-226
Documents
Docket
Complaint
Opinion/Order [55]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-04-101COMPLAINT against U.S. Department of Justice, filed by Steve Satar Jabar.(KLH) (Entered: 04/11/2017)
2017-04-102CONTINUATION OF EXHIBITS - Civil Cover Sheet regarding 1 Complaint filed by Steve Satar Jabar. (KLH) (Entered: 04/11/2017)
2017-04-11Filing fee: $400.00, receipt number 54899 (KLH) (Entered: 04/11/2017)
2017-04-11Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (KLH) (Entered: 04/11/2017)
2017-04-11AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution. (KLH) (Entered: 04/11/2017)
2017-04-11Summons Issued as to U.S. Department of Justice. (KLH) (Entered: 04/11/2017)
2017-04-123AFFIDAVIT of Service for Summons and Complaint served on U. S. Department of Justice on 04/10/2017, filed by Steve Satar Jabar. (Kuzma, Michael) (Entered: 04/12/2017)
2017-04-124NOTICE of Appearance by Michael S. Cerrone on behalf of U.S. Department of Justice (Cerrone, Michael) (Entered: 04/12/2017)
2017-05-115ANSWER to 1 Complaint by U.S. Department of Justice.(Cerrone, Michael) (Entered: 05/11/2017)
2017-05-12ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution.(NRE) (Entered: 05/12/2017)
2017-07-276First MOTION for Disclosure Vaughn Index by Steve Satar Jabar. (Attachments: # 1 Memorandum in Support Vaughn Index)(Kuzma, Michael) (Entered: 07/27/2017)
2017-07-317DECLARATION filed by U.S. Department of Justice . (Cerrone, Michael) (Entered: 07/31/2017)
2017-11-168TEXT 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 11/16/2017. (CMD) (Entered: 11/16/2017)
2017-11-209ORDER. Scheduling Conference set for 1/3/2018 11:00 AM before Hon. Leslie G. Foschio. Signed by Hon. Leslie G. Foschio on 11/20/2017. (SDW) (Entered: 11/20/2017)
2018-01-0310Minute 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)
2018-01-0411SCHEDULING 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 4/16/2019. Defendant shall release to plaintiff non-exempt documents responsive to plaintiffs Freedom of Information Act (FOIA) request on or before 2/16/2019. Dispositive Motions due by 5/16/2019. Signed by Hon. Leslie G. Foschio on 1/4/2018. (SDW) (Entered: 01/04/2018)
2018-01-2512First MOTION to Opt Out of ADR by Steve Satar Jabar.(Kuzma, Michael) (Entered: 01/25/2018)
2018-01-2913TEXT ORDER granting 12 Motion to Opt Out of ADR. The parties are exempted from the requirements of the court's standing order that they engage in ADR. Issued by Hon. Leslie G. Foschio on 1/29/2018. (SDW) (Entered: 01/29/2018)
2019-02-0114MOTION For an Order Extending All Current Deadlines by U.S. Department of Justice. (Attachments: # 1 Declaration)(Cerrone, Michael) (Entered: 02/01/2019)
2019-02-0415TEXT ORDER granting 14 Motion for extension of time. First Amended Scheduling Order shall be filed separately. Issued by Hon. Leslie G. Foschio on 2/4/2019. (SDW) (Entered: 02/04/2019)
2019-02-0516FIRST AMENDED SCHEDULING 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.) As defendant does not oppose a request for a Vaughn index, defendant shall file its Vaughn index on or before 6/21/2019. Defendant shall release to plaintiff non-exempt documents responsive to plaintiffs Freedom of Information Act (FOIA) request on or before 3/22/2019. Dispositive Motions due by 6/20/2019. Signed by Hon. Leslie G. Foschio on 2/5/2019. (SDW) (Entered: 02/05/2019)
2019-03-1917MOTION for Extension of Time to Complete Discovery by U.S. Department of Justice.(Cerrone, Michael) (Entered: 03/19/2019)
2019-03-1918TEXT ORDER granting 17 Motion for Extension of Time to Complete Discovery. Second Amended Scheduling Order shall be filed separately. Issued by Hon. Leslie G. Foschio on 3/19/2019. (SDW) (Entered: 03/19/2019)
2019-03-2019SECOND AMENDED SCHEDULING 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.) As defendant does not oppose a request for a Vaughn index, defendant shall file its Vaughn index on or before 9/18/2019. Defendant shall release to plaintiff non-exempt documents responsive to plaintiffs Freedom of Information Act (FOIA) request on or before 7/19/2019. Dispositive Motions due by 10/18/2019.. Signed by Hon. Leslie G. Foschio on 3/20/2019. (SDW) (Entered: 03/20/2019)
2019-07-2620MOTION for Extension of Time to Complete Discovery by U.S. Department of Justice.(Cerrone, Michael) (Entered: 07/26/2019)
2019-07-2621DECLARATION signed by Michael S. Cerrone re 20 MOTION for Extension of Time to Complete Discovery filed by U.S. Department of Justice . (Cerrone, Michael) Modified signatory on 7/26/2019 (SG). (Entered: 07/26/2019)
2019-07-26E-Filing Notification: Modified signatory to Michael S. Cerrone on 7/26/2019 re 21 DECLARATION (SG) (Entered: 07/26/2019)
2019-07-3022TEXT ORDER granting 20 Motion for Extension of Time to Complete Discovery. Third Amended Scheduling Order shall be filed separately. Issued by Hon. Leslie G. Foschio on 7/30/2019. (SDW) (Entered: 07/30/2019)
2019-07-3123THIRD AMENDED SCHEDULING 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 1/16/2020. Dispositive Motions due by 2/14/2020. Signed by Hon. Leslie G. Foschio on 7/31/2019. (SDW) (Entered: 07/31/2019)
2020-01-0524TEXT ORDER REASSIGNING CASE to the Hon. John L. Sinatra, Jr. Signed by Mary C. Loewenguth, Clerk of Court, on January 5, 2020. (JMM) (Entered: 01/05/2020)
2020-01-0825MOTION for Extension of Time to File , MOTION for Extension of Time to Complete Discovery by U.S. Department of Justice.(Cerrone, Michael) (Entered: 01/08/2020)
2020-01-0826TEXT ORDER granting 25 Motion for Extension of Time to File; granting 25 Motion for Extension of Time to Complete Discovery. Fourth Amended Scheduling Order shall be filed separately. Issued by Hon. Leslie G. Foschio on 1/8/2020. (SDW) (Entered: 01/08/2020)
2020-01-0827FOURTH AMENDED SCHEDULING 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 filed its Vaughn index by 3/13/2020. Dispositive Motions due by 3/31/2020.. Signed by Hon. Leslie G. Foschio on 1/8/2020. (SDW) (Entered: 01/09/2020)
2020-03-1328MEMORANDUM/BRIEF Vaughn Index by U.S. Department of Justice. (Cerrone, Michael) (Entered: 03/13/2020)
2020-03-2329MOTION for Extension of Time to File Dispositive Motions by U.S. Department of Justice. (Attachments: # 1 Declaration with Ex. A)(Cerrone, Michael) (Entered: 03/23/2020)
2020-03-2530TEXT ORDER granting 29 Motion for Extension of Time to File. Fifth Amended Scheduling Order shall be filed separately. Issued by Hon. Leslie G. Foschio on 3/25/2020. (SDW) (Entered: 03/25/2020)
2020-03-2531FIFTH AMENDED SCHEDULING 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.) Dispositive Motions due by 5/29/2020. Signed by Hon. Leslie G. Foschio on 3/25/2020. (SDW) (Entered: 03/25/2020)
2020-05-1532MOTION for Extension of Time to File Dispositive Motions by U.S. Department of Justice.(Cerrone, Michael) (Entered: 05/15/2020)
2020-05-1533DECLARATION signed by Michael S. Cerrone re 32 MOTION for Extension of Time to File Dispositive Motions filed by U.S. Department of Justice . (Attachments: # 1 Attachment)(Cerrone, Michael) (Entered: 05/15/2020)
2020-05-1834TEXT ORDER granting 32 Motion for Extension of Time to File. Sixth Amended Scheduling Order shall be filed separately. Issued by Hon. Leslie G. Foschio on 5/18/2020. (SDW) (Entered: 05/18/2020)
2020-05-1835SIXTH AMENDED SCHEDULING 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.) Dispositive Motions due by 8/31/2020.. Signed by Hon. Leslie G. Foschio on 5/18/2020. (SDW) (Entered: 05/18/2020)
2020-08-2636MOTION for Extension of Time to File Dispositive Motions by U.S. Department of Justice. (Attachments: # 1 Declaration)(Cerrone, Michael) (Entered: 08/26/2020)
2020-08-2637TEXT ORDER granting 36 Motion for Extension of Time to File. Dispositive motions due 9/30/2020. Issued by Hon. Leslie G. Foschio on 8/26/2020. (SDW) (Entered: 08/26/2020)
2020-09-1638MOTION for Extension of Time to File Dispositive Motions by U.S. Department of Justice. (Attachments: # 1 Declaration Michael S. Cerrone)(Cerrone, Michael) (Entered: 09/16/2020)
2020-09-1639TEXT ORDER granting 38 Motion for Extension of Time to File. Dispositive motions shall be filed not later than 10/30/2020. Issued by Hon. Leslie G. Foschio on 9/16/2020. (SDW) (Entered: 09/16/2020)
2020-10-2840MOTION for Extension of Time to Complete Discovery by U.S. Department of Justice. (Attachments: # 1 Declaration)(Cerrone, Michael) (Entered: 10/28/2020)
2020-10-2841TEXT ORDER granting 40 Motion for Extension of Time to Complete Discovery. Dispositive motions shall be filed not later than 11/30/2020. Issued by Hon. Leslie G. Foschio on 10/28/2020. (SDW) (Entered: 10/28/2020)
2020-11-3042*PLEASE DISREGARD FILED ON WRONG CASE MOTION for Summary Judgment by U.S. Department of Justice.(Cerrone, Michael) Modified on 11/30/2020 (CGJ). (Entered: 11/30/2020)
2020-11-3043MOTION for Summary Judgment by U.S. Department of Justice.(Cerrone, Michael) (Entered: 11/30/2020)
2020-11-3044MEMORANDUM IN SUPPORT re 43 MOTION for Summary Judgment byU.S. Department of Justice. (Cerrone, Michael) (Entered: 11/30/2020)
2020-11-3045STATEMENT OF FACTS (Statement of Undisputed Facts) by U.S. Department of Justice Related document: 43 Motion for Summary Judgment. (Cerrone, Michael) (Entered: 11/30/2020)
2020-11-30E-Filing Notification: re 42 MOTION for Summary Judgment . Please disregard as it was filed on the wrong case. (CGJ) (Entered: 11/30/2020)
2020-11-3046DECLARATION signed by Michael G. Seidel re 43 MOTION for Summary Judgment filed by U.S. Department of Justice . (Attachments: # 1 Exhibit A-EE)(Cerrone, Michael) (Entered: 11/30/2020)
2020-12-0147TEXT ORDER re 43 MOTION for Summary Judgment filed by U.S. Department of Justice. Responses due by 1/8/2021. Replies due by 1/22/2021. Oral argument at the discretion of the court. Issued by Hon. Leslie G. Foschio on 12/1/2020. (SDW) (Entered: 12/01/2020)
2021-01-0448MEMORANDUM in Opposition re 43 MOTION for Summary Judgment filed by Steve Satar Jabar. (Attachments: # 1 Affidavit Deborah Bowers, # 2 Affidavit Michael Kuzma, # 3 Declaration Mark J. Mahoney, # 4 Exhibit Mark J. Mahoney Declaration, # 5 Statement of Undisputed Facts)(Kuzma, Michael) (Entered: 01/04/2021)
2021-01-2249MEMORANDUM in Support re 43 MOTION for Summary Judgment filed by U.S. Department of Justice. (Attachments: # 1 Declaration of Michael G. Seidel)(Cerrone, Michael) (Entered: 01/22/2021)
2021-11-2450REPORT AND RECOMMENDATIONS re 43 MOTION for Summary Judgment filed by U.S. Department of Justice should be GRANTED. The Clerk of Court should be directed to close the file. Objections due fourteen days from receipt. Signed by Hon. Leslie G. Foschio on 11/24/2021. (TAH) (Entered: 11/24/2021)
2021-12-0751OBJECTION to 50 Report and Recommendations by Steve Satar Jabar. (Kuzma, Michael) (Entered: 12/07/2021)
2021-12-0852TEXT ORDER re Plaintiff's 51 Objection to Report and Recommendations. Responses are due by 12/22/2021. Replies are due by 12/29/2021. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 12/8/2021. (JES) (Entered: 12/08/2021)
2021-12-2253MEMORANDUM IN OPPOSITION re 51 Objection to Report and Recommendations by U.S. Department of Justice. (Cerrone, Michael) (Entered: 12/22/2021)
2021-12-2954REPLY/RESPONSE to re 53 Memorandum in Opposition filed by Steve Satar Jabar. (Kuzma, Michael) (Entered: 12/29/2021)
2022-01-1255DECISION AND ORDER granting 43 Motion for Summary Judgment; adopting Report and Recommendations re 50 Report and Recommendations. Signed by Hon. John L. Sinatra, Jr. on 1/12/2022. (CGJ) (Entered: 01/12/2022)
2022-01-1256JUDGMENT in favor of U.S. Department of Justice against Steve Satar Jabar. Signed by Mary C. Loewenguth, Clerk of Court on 1/12/2022. (CGJ) (Entered: 01/12/2022)
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