Skip to content

Case Detail

[Subscribe to updates]
Case TitleCABEZAS v. FEDERAL BUREAU OF INVESTIGATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv00145
Date Filed2019-01-22
Date ClosedOpen
JudgeJudge Carl J. Nichols
PlaintiffANDRES F. CABEZAS
Case DescriptionAndres Cabezas, a federal prisoner, submitted a FOIA request to the FBI for records concerning himself. After hearing nothing further from the agency, Cabezas filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantFEDERAL BUREAU OF INVESTIGATION
AppealD.C. Circuit 22-5170
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [55]
FOIA Project Annotation: Judge Carl Nichols has ruled that the FBI properly responded to a FOIA request from Andres Cabezas, who was convicted of receiving child pornography. Cabezas requested records concerning his arrest and conviction. After initially withholding the records under Exemption 7(A) (interference with ongoing investigation or proceeding) because Cabezas' appeal was still pending, the FBI processed his request once his conviction became final. The agency disclosed 176 pages in full, released portions of 41 pages, and two videos, and withheld 74 pages in full. Cabezas challenged the adequacy of the search, complaining particularly that the FBI should have disclosed the records used during his trial. But Nichols explained that "Cabezas appears to equate requests made under FOIA and the Privacy Act with discovery in criminal cases or in habeas proceedings. The U.S. Attorney's Office has certain material and information that falls under its purview, which agencies like the Bureau have little to no control over." Nichols agreed with the agency's withholding claims under Exemption 5 (privileges), citing the deliberative process privilege. He found the agency had also met its obligations under the foreseeable harm test, pointing out that "release of the withheld material would cast a chilling effect on the willingness of employees to share raw, unrefined ideas and candid feedback should they know it could become subject to public disclosure." He added that "what's more, release of such material could create confusion between what counts as a final Bureau decision, which could cast doubt on the actual Bureau's findings." The agency also withheld records under Exemption 7(E) (investigative methods or techniques). Cabezas argued those methods or techniques had already been made public. However, Nichols pointed out that "Cabezas cannot show that the Bureau has acknowledged all of the withheld undercover techniques. Revealing additional details could provide potential wrongdoers further information about the Bureau's operations and could decrease the efficacy of the Bureau's techniques."
Issues: Exemption 7(E) - Investigative methods or techniques
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text
2019-01-221COMPLAINT against FEDERAL BUREAU OF INVESTIGATION ( Filing fee $ 400, receipt number 4616096446) filed by ANDRES F. CABEZAS. (Attachments: # 1 Civil Cover Sheet)(zrdj) (Entered: 01/25/2019)
2019-01-24SUMMONS (3) Issued as to FEDERAL BUREAU OF INVESTIGATION, U.S. Attorney and U.S. Attorney General (zrdj) (Entered: 01/25/2019)
2019-02-252RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 2/11/2019., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/11/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 3/13/2019.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 2/11/2019 (zrdj) (Entered: 02/27/2019)
2019-03-133MOTION for Extension of Time to File Defendant's Answer or Other Response to Plaintiff's Complaint by FEDERAL BUREAU OF INVESTIGATION (Adebonojo, Kenneth) (Entered: 03/13/2019)
2019-04-154ANSWER to 1 Complaint by FEDERAL BUREAU OF INVESTIGATION.(Adebonojo, Kenneth) (Entered: 04/15/2019)
2019-06-04MINUTE ORDER (paperless) GRANTING, nunc pro tunc , the government's 3 Motion to Enlarge Time to File Defendant's Answer or Other Response to Plaintiff's Complaint. Signed by Chief Judge Beryl A. Howell on June 4, 2019. (lcbah2) (Entered: 06/04/2019)
2019-06-26Case directly reassigned to Judge Carl J. Nichols. Chief Judge Beryl A. Howell is no longer assigned to the case. (ztnr) (Entered: 06/26/2019)
2019-08-13MINUTE ORDER. Before the Court in this Freedom of Information Act case are a Complaint and an Answer. The requirements of Local Civil Rule 16.3 and Federal Rule of Civil Procedure 26(f) appear to be inapplicable. It is hereby ORDERED that the Parties shall confer and file a Joint Status Report on or before September 11, 2019. The Joint Status Report shall address: (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force , 547 F.2d 605 (D.C. Cir. 1976); and (5) whether the Parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Carl J. Nichols on August 13, 2019. (lccjn1) (Entered: 08/13/2019)
2019-08-14Set/Reset Deadlines: Joint Status Report due by 9/11/2019. (mac) (Entered: 08/14/2019)
2019-08-295RESPONSE TO ORDER OF THE COURT re MINUTE ORDER filed on 08/13/2019 filed by ANDRES F. CABEZAS. (jf) (Entered: 09/04/2019)
2019-09-116STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION. (Adebonojo, Kenneth) (Entered: 09/11/2019)
2019-09-12MINUTE ORDER. Upon review of Plaintiff's 5 Response to Order of the Court and Defendant's 6 Status Report, it is hereby ORDERED that Defendant shall file its Motion for Summary Judgment by October 22, 2019. The filing should include a Vaughn Index. It is further ORDERED that Plaintiff shall file his response to the Motion for Summary Judgment, including any objections to the sufficiency of the Vaughn Index, by November 26, 2019. It is further ORDERED that Defendant shall file its reply by December 10, 2019. Requests for extensions of those deadlines will be disfavored. The Clerk of the Court is DIRECTED to mail a copy of this order to Plaintiff. Signed by Judge Carl J. Nichols on September 12, 2019. (lccjn2) Modified reply deadline on 9/17/2019 (zcdw). (Entered: 09/12/2019)
2019-09-12Set/Reset Deadlines/Hearings: Defendant's Summary Judgment motion due by 10/22/2019. Plaintiff's response to Motion for Summary Judgment due by 11/26/2019. Defendant's reply to Motion for Summary Judgment due by 12/10/2019. (zcdw) (Entered: 09/17/2019)
2019-09-237NOTICE by ANDRES F. CABEZAS (jf) (Entered: 09/25/2019)
2019-10-218MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION (Adebonojo, Kenneth) (Entered: 10/21/2019)
2019-10-22MINUTE ORDER. Upon review of Defendant's 8 Motion for Extension of Time, it is hereby ORDERED that the motion is GRANTED. Defendant shall file its Motion for Summary Judgment by November 22, 2019. Plaintiff shall respond by December 28, 2019. Defendant shall reply by January 14, 2020. The Clerk of the Court is DIRECTED to mail a copy of this order to Plaintiff. Signed by Judge Carl J. Nichols on October 22, 2019. (lccjn2) (Entered: 10/22/2019)
2019-10-22Set/Reset Deadlines/Hearings: Defendant's Summary Judgment motion due by 11/22/2019. Response to Motion for Summary Judgment due by 12/28/2019. Reply to Motion for Summary Judgment due by 1/14/2020. (zcdw) (Entered: 10/22/2019)
2019-11-229MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Exhibit A)(Adebonojo, Kenneth) (Entered: 11/22/2019)
2019-11-2510ORDER setting deadline for Plaintiff to respond to Defendant's 9 Motion for Summary Judgment. The Clerk of the Court is DIRECTED to mail a copy of the Order to Plaintiff. Signed by Judge Carl J. Nichols on November 25, 2019. (lccjn2) (Entered: 11/25/2019)
2019-11-25Set/Reset Deadline Plaintiff Response To Defendant's Motion For Summary Judgment due by 12/23/2019. (mac) (Entered: 11/25/2019)
2019-12-0911MOTION for Extension of Time to File Response/Reply for Summary Judgement by ANDRES F. CABEZAS (eg) (Entered: 12/12/2019)
2019-12-12MINUTE ORDER. Upon review of Plaintiff's 11 Motion for Extension of Time to File Response to Defendant's 9 Motion for Summary Judgment, it is hereby ORDERED that the Motion is GRANTED. Plaintiff shall file his Response by January 22, 2020. Defendant shall reply by January 29, 2020. The Clerk of the Court is DIRECTED to mail a copy of this Order to Plaintiff. Signed by Judge Carl J. Nichols on December 12, 2019. (lccjn2) (Entered: 12/12/2019)
2019-12-12Set/Reset Deadlines/Hearings: Plaintiffs response due by 1/22/2020. Reply due by 1/29/2020. (zcdw) (Entered: 12/13/2019)
2020-01-1712MOTION for Extension of Time to File Response/Reply as to 9 MOTION for Summary Judgment by ANDRES F. CABEZAS (eg) (Entered: 01/22/2020)
2020-01-23MINUTE ORDER. Upon review of Plaintiff's 12 Motion for Extension of Time to File Response to Defendant's 9 Motion for Summary Judgment, it is hereby ORDERED that the Motion is GRANTED. Plaintiff shall file his response by March 23, 2020. Defendant shall file its reply by March 30, 2020. The Clerk of the Court is DIRECTED to mail a copy of this Order to Plaintiff. Signed by Judge Carl J. Nichols on January 23, 2020. (lccjn2) (Entered: 01/23/2020)
2020-01-23Set/Reset Deadlines/Hearings: Plaintiff's response due by 3/23/2020. Defendant's reply due by 3/30/2020. (zcdw) (Entered: 01/26/2020)
2020-03-2613MOTION for Extension of Time by ANDRES F. CABEZAS (eg) (Entered: 03/27/2020)
2020-03-30MINUTE ORDER. Upon review of Plaintiff's 13 Motion for Extension of Time, it is hereby ORDERED that the Motion is GRANTED. Plaintiff shall file his response to Defendant's 9 Motion for Summary Judgment by May 22, 2020. The Clerk of the Court is DIRECTED to mail a copy of this Order to Plaintiff. Signed by Judge Carl J. Nichols on March 30, 2020. (lccjn2) (Entered: 03/30/2020)
2020-03-3014NOTICE of Previous Filing by ANDRES F. CABEZAS (eg) (Entered: 04/01/2020)
2020-03-30Set/Reset Deadlines/Hearings: Response to Motion for Summary Judgment due by 5/22/2020. (zcdw) (Entered: 04/01/2020)
2020-04-2115MOTION for Extension of Time by ANDRES F. CABEZAS (eg) (Entered: 04/22/2020)
2020-04-23MINUTE ORDER. In consideration of the Court's Minute Order of March 30, 2020, which granted Plaintiff an extension to file his response to Defendant's 9 Motion for Summary Judgment until May 22, 2020, it is hereby ORDERED that Plaintiff's subsequent 15 Motion for Extension of Time, which requested extension until April 22, 2020, is DENIED as moot. The Clerk of the Court is DIRECTED to mail a copy of the docket to Plaintiff to ensure he is aware of all case activity. Signed by Judge Carl J. Nichols on April 23, 2020. (lccjn2) (Entered: 04/23/2020)
2020-04-2316MOTION for Extension of Time by ANDRES F. CABEZAS (ztd) (Entered: 04/28/2020)
2020-04-2717RESPONSE to Statement of Material Fact filed by ANDRES F. CABEZAS. (eg) (Entered: 04/29/2020)
2020-04-2718RESPONSE re 9 MOTION for Summary Judgment filed by ANDRES F. CABEZAS. (Attachment: # 1 Exhibit)(eg) (Entered: 04/29/2020)
2020-04-28MINUTE ORDER. Upon review of Plaintiff's 16 Motion for Extension of Time, and in light of the Court's Minute Order of April 23, 2020, it is hereby ORDERED that the Motion is DENIED as moot. Signed by Judge Carl J. Nichols on April 28, 2020. (lccjn2) (Entered: 04/28/2020)
2020-05-2919MOTION for Extension of Time to File a Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION (Adebonojo, Kenneth) (Entered: 05/29/2020)
2020-06-02MINUTE ORDER. Upon review of Defendant's 19 Motion for Extension of Time, in light of both the several extensions the Court has already granted to Plaintiff and the effects of the COVID-19 Pandemic, see Standing Order 20-29, In re: Further Extension of Postponed Court Proceedings in Standing Order 20-9 and Limiting Court Operations in Exigent Circumstances Created by the COVID-19 Pandemic (D.D.C. May 26, 2020) (BAH), and concluding that any prejudice to Plaintiff is minimal, it is hereby ORDERED that the Motion is GRANTED. Defendant's deadline to reply to Plaintiff's 18 Response to Defendant's 9 Motion for Summary Judgment is EXTENDED nunc pro tunc to July 14, 2020. The Court will endeavor to decide the Motion promptly upon the completion of briefing. The Clerk of the Court is DIRECTED to mail a copy of this Order to Plaintiff. Signed by Judge Carl J. Nichols on June 2, 2020. (lccjn2) (Entered: 06/02/2020)
2020-06-2320SUPPLEMENTAL MEMORANDUM to re 18 Response to motion filed by ANDRES F. CABEZAS. (Attachment: # 1 Exhibits)(eg) (Entered: 06/25/2020)
2020-06-2921MOTION to Compel Preservation of Private Server Email Records by ANDRES F. CABEZAS (Attachment: # 1 Exhibits)(eg) (Entered: 07/08/2020)
2020-07-0622NOTICE of Change of Address by ANDRES F. CABEZAS (eg) (Entered: 07/10/2020)
2020-07-1423STATUS REPORT in Lieu of Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION. (Adebonojo, Kenneth) (Entered: 07/14/2020)
2020-07-15MINUTE ORDER. Pending before the Court in this pro se case are Defendant's 9 Motion for Summary Judgment and Plaintiff's 21 Motion to Compel Preservation of Private Email Server Records. Upon review of Defendant's 23 Status Report, it is hereby ORDERED that Defendant's 9 Motion for Summary Judgment is held in abeyance until further action by the Court. The amended briefing schedule set by the Court's Minute Order of June 2, 2020 is STAYED. It is further ORDERED that Defendant shall file a Status Report on the progress of record production by August 28, 2020. Plaintiff is invited to file a status report at any time to inform the Court of his position on Defendant's plan to produce records or to raise objections as to the status of production. It is further ORDERED that Defendant shall file its response to Plaintiff's 21 Motion to Compel by July 22, 2020 in accordance with the standard briefing schedule under LCvR 7(b). Plaintiff shall file his Reply by September 21, 2020 but may file before that date if he is able to do so. The Clerk of the Court is DIRECTED to mail a copy of this Order to Plaintiff at his new address as stated in Plaintiff's 22 Notice of Change of Address. Signed by Judge Carl J. Nichols on July 15, 2020. (lccjn2) (Entered: 07/15/2020)
2020-07-15Set/Reset Deadlines: Response due by 7/22/2020 Reply due by 9/21/2020. Status Report due by 8/28/2020 (zcal) (Entered: 07/16/2020)
2020-07-2125RESPONSE re 23 Status Report filed by ANDRES F. CABEZAS. (eg) (Entered: 07/29/2020)
2020-07-2224Memorandum in opposition to re 21 MOTION to Compel filed by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Declaration of Michael G. Seidel)(Adebonojo, Kenneth) (Entered: 07/22/2020)
2020-08-2426REPLY to opposition to motion re 21 MOTION to Compel filed by ANDRES F. CABEZAS. (Attachments: # 1 Exhibits, # 2 Affidavit)(eg) (Entered: 08/26/2020)
2020-08-2827STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION. (Adebonojo, Kenneth) (Entered: 08/28/2020)
2020-08-29MINUTE ORDER. Upon review of Defendant's 27 Status Report, it is hereby ORDERED that Defendant shall file another Status Report by October 19, 2020. The Court has taken Plaintiff's 21 Motion to Compel under advisement and will rule on the Motion in due course. Plaintiff may raise the issues he described in his 25 Response in Opposition to Defendant's Withdrawal of Motion for Summary Judgment in his own Motion for Summary Judgment, which he may file once Defendant completes production of the records it has agreed to release. The Court will set a briefing schedule for summary judgment motions upon completion of the production of records and a Vaughn Index, if necessary. The Clerk of the Court is DIRECTED to mail a copy of this Minute Order to Plaintiff. Signed by Judge Carl J. Nichols on August 29, 2020. (lccjn2) (Entered: 08/29/2020)
2020-08-31Set/Reset Deadlines: Defendant Status Report due by 10/19/2020. (zcal) (Entered: 08/31/2020)
2020-09-0828RESPONSE re 27 Status Report filed by ANDRES F. CABEZAS. (eg) (Entered: 09/09/2020)
2020-10-1929STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION. (Adebonojo, Kenneth) (Entered: 10/19/2020)
2020-10-21MINUTE ORDER. Upon review of Defendant's 29 Status Report, it is hereby ORDERED that Defendant shall provide a Vaughn Index to Plaintiff by November 19, 2020. Signed by Judge Carl J. Nichols on October 21, 2020. (lccjn2) (Entered: 10/21/2020)
2020-10-21Set/Reset Deadlines: Vaughn Index due by 11/19/2020. (zcal) (Entered: 10/22/2020)
2020-11-02MINUTE ORDER. Upon review of a related case, 1:20-cv-02484-CJN, pending before this Court, it is hereby ORDERED that Defendant shall file a Status Report by December 14, 2020, stating how the Court should coordinate this case with the related case brought by the same Plaintiff. Signed by Judge Carl J. Nichols on November 2, 2020. (lccjn2) (Entered: 11/02/2020)
2020-11-02Set/Reset Deadlines: Defendant Status Report due by 12/14/2020. (zcal) (Entered: 11/03/2020)
2020-12-0830MOTION to Compel by ANDRES F. CABEZAS (Attachment: # 1 Exhibit)(eg) (Entered: 12/11/2020)
2020-12-1431STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION. (Adebonojo, Kenneth) (Entered: 12/14/2020)
2020-12-16MINUTE ORDER. Upon review of Defendant's 31 Status Report, it is hereby ORDERED that Defendant shall file another Status Report by January 20, 2021 to propose a briefing schedule for summary judgment motions. The Court has taken Plaintiff's 30 Motion to Compel under advisement and will rule on the Motion in due course. Plaintiff may also raise the issues described in his 30 Motion to Compel in his own Motion for Summary Judgment. The Clerk of the Court is DIRECTED to mail a copy of this Minute Order to Plaintiff. Signed by Judge Carl J. Nichols on December 16, 2020. (lccjn2) (Entered: 12/16/2020)
2020-12-17Set/Reset Deadlines: Status Report due by 1/20/2021. (zkh) (Entered: 12/17/2020)
2020-12-2832MOTION for Reconsideration re Order, filed by ANDRES F. CABEZAS. (eg) Modified on 1/15/2021 to correct docket event/text (zjf). (Entered: 12/31/2020)
2020-12-2833Memorandum in opposition to re 21 MOTION to Compel filed by ANDRES F. CABEZAS. (eg) (Entered: 12/31/2020)
2021-01-2134STATUS REPORT Proposing a Briefing Schedule by FEDERAL BUREAU OF INVESTIGATION. (Adebonojo, Kenneth) (Entered: 01/21/2021)
2021-01-22MINUTE ORDER. Upon review of Defendant's 34 Status Report, it is hereby ORDERED that Defendant shall file its Motion for Summary Judgment by March 2, 2021. It is further ORDERED that Plaintiff shall file his Response and Cross-Motion for Summary Judgment by April 30, 2021. Defendant shall file its Reply and Response by May 14, 2021. Plaintiff may file his Reply by June 14, 2021. Signed by Judge Carl J. Nichols on January 22, 2021. (lccjn2) (Entered: 01/22/2021)
2021-01-22Set/Reset Deadlines: Summary Judgment motions due by 3/2/2021. Response to Motion for Summary Judgment due by 4/30/2021. Cross Motions due by 4/30/2021. Response to Cross Motions due by 5/14/2021. Reply to Motion for Summary Judgment due by 5/14/2021. Reply to Cross Motions due by 6/14/2021. (zcal) (Entered: 01/25/2021)
2021-03-0235MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION. (Adebonojo, Kenneth) (Entered: 03/02/2021)
2021-03-08MINUTE ORDER. Upon review of Defendant's 35 Motion for Extension, it is hereby ORDERED that the Motion is GRANTED. Defendant shall file its Motion for Summary Judgment by March 31, 2021. It is further ORDERED that Plaintiff shall file his Response and Cross-Motion for Summary Judgment by May 28, 2021. Defendant shall file its Reply and Response by June 22, 2021. Plaintiff may file his Reply by July 14, 2021. Signed by Judge Carl J. Nichols on March 8, 2021. (lccjn2) (Entered: 03/08/2021)
2021-03-08Set/Reset Deadlines: Summary Judgment motions due by 3/31/2021. Cross Motions due by 5/28/2021. Response to Motion for Summary Judgment due by 5/28/2021. Reply to Motion for Summary Judgment due by 6/22/2021. Response to Cross Motions due by 6/22/2021. Reply to Cross Motions due by 7/14/2021. (zcal) (Entered: 03/08/2021)
2021-03-26MINUTE ORDER. It is hereby ORDERED that Plaintiff's 21 and 30 Motions to Compel are DENIED. Plaintiff may raise the issues discussed in his 21 and 30 Motions to Compel during summary judgment briefing. Signed by Judge Carl J. Nichols on March 26, 2021. (lccjn2) (Entered: 03/26/2021)
2021-03-3136MOTION for Extension of Time to (for one Day) to File Defendant's Motion for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION. (Adebonojo, Kenneth) (Entered: 03/31/2021)
2021-04-0137MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration, # 4 Exhibit)(Adebonojo, Kenneth) (Entered: 04/01/2021)
2021-04-07MINUTE ORDER. Upon review of Defendant's 36 Motion for Extension of Time, it is hereby ORDERED that the Motion is GRANTED. Defendant's 37 Motion for Summary Judgment is DEEMED FILED. Signed by Judge Carl J. Nichols on April 7, 2021. (lccjn2) (Entered: 04/07/2021)
2021-04-2238ENTERED IN ERROR.....NOTICE of Appearance by Brian D. Horwitz on behalf of ANDRES F. CABEZAS (Horwitz, Brian) Modified on 4/23/2021 (zeg). (Entered: 04/22/2021)
2021-04-2239NOTICE of Appearance by Brian D. Horwitz on behalf of ANDRES F. CABEZAS (Horwitz, Brian) (Entered: 04/22/2021)
2021-04-23NOTICE OF CORRECTED DOCKET ENTRY: re 38 Notice of Appearance was entered in error and counsel has refile said pleading in Docket Entry 39 . (zeg) (Entered: 04/23/2021)
2021-05-2740Unopposed MOTION for Extension of Time to File Cross Motion to MSJ and to Reply to Defendant's MSJ by ANDRES F. CABEZAS. (Horwitz, Brian) (Entered: 05/27/2021)
2021-06-01MINUTE ORDER. Upon review of Plaintiff's 40 Motion for Extension of Time, it is hereby ORDERED that the Motion is GRANTED. Plaintiff shall file his Cross-Motion for Summary Judgment and Response to Defendant's 37 Motion for Summary Judgment by August 31, 2021. Signed by Judge Carl J. Nichols on June 1, 2021. (Entered: 06/01/2021)
2021-06-01Set/Reset Deadlines: Cross Motions due by 8/31/2021. Response to Motion for Summary Judgment due by 8/31/2021. (zcal) (Entered: 06/02/2021)
2021-07-12MINUTE ORDER. Upon review of Plaintiff's 32 Motion for Reconsideration, it is hereby ORDERED that the Motion is DENIED. Defendant has provided Plaintiff with its Vaughn Index, see Def.'s Mot. for Summ. J. Ex. F, ECF No. 37-4, and Plaintiff may raise any issues relevant to his earlier 30 Motion to Compel in his own Motion for Summary Judgment. Signed by Judge Carl J. Nichols on July 12, 2021. (lccjn2) (Entered: 07/12/2021)
2021-08-2441Unopposed MOTION for Extension of Time to File Cross Motion to MSJ and to Reply to Defendant's MSJ by ANDRES F. CABEZAS. (Horwitz, Brian) (Entered: 08/24/2021)
2021-08-26MINUTE ORDER. After review of Plaintiff's 41 Unopposed Motion for Extension of Time to File a Cross Motion for Summary Judgment as well as a Reply to Defendant's Motion for Summary Judgment, it is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that Plaintiff shall file the Cross Motion and the Reply on or before October 15, 2021. Signed by Judge Carl J. Nichols on August 26, 2021. (lccjn2) (Entered: 08/26/2021)
2021-08-26Set/Reset Deadlines: Cross Motions due by 10/15/2021. Reply to Motion for Summary Judgment due by 10/15/2021. (zcal) (Entered: 08/27/2021)
2021-10-1442Unopposed MOTION for Extension of Time to File File Cross Motion to MSJ and to Reply to Defendant's MSJ by ANDRES F. CABEZAS. (Horwitz, Brian) (Entered: 10/14/2021)
2021-10-18MINUTE ORDER. In light of the Plaintiff's 42 Unopposed Motion to Extend Time to Respond to Defendant's Motion for Summary Judgment, it is ORDERED that the Motion is GRANTED. It is hereby ORDERED that the Plaintiff shall Respond on or before November 15, 2021. Signed by Judge Carl J. Nichols on October 18, 2021. (lccjn2) (Entered: 10/18/2021)
2021-10-18Set/Reset Deadlines: Response to Motion for Summary Judgment due by 11/15/2021. (zcal) (Entered: 10/19/2021)
2021-11-1543Cross MOTION for Summary Judgment by ANDRES F. CABEZAS. (Attachments: # 1 Memorandum in Support of Motion for Summary Judgment and in Opposition to FBI's Motion for Summary Judgment, # 2 Affidavit of Konstantinos Dimitrelos, # 3 Statement of Facts in Support of Plaintiff's Motion for Summary Judgment, # 4 Statement of Facts in Opposition to the FBI's Motion fro Summary Judgment)(Horwitz, Brian) (Entered: 11/15/2021)
2021-11-1544MOTION for Order for In Camera Review by ANDRES F. CABEZAS. (Horwitz, Brian) (Entered: 11/15/2021)
2021-11-1545MOTION for Discovery by ANDRES F. CABEZAS. (Horwitz, Brian) (Entered: 11/15/2021)
2021-11-1546Memorandum in opposition to re 37 MOTION for Summary Judgment filed by ANDRES F. CABEZAS. (See Docket Entry 43 to view document). (zeg) (Entered: 12/02/2021)
2021-12-0347Consent MOTION for Extension of Time to File an Opposition to Plaintiff's Cross Motion for Summary Judgment and Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION. (Adebonojo, Kenneth) (Entered: 12/03/2021)
2021-12-13MINUTE ORDER. Upon review of the Defendant's 47 Motion for an Extension of Time to Respond to the Plaintiff's Cross Motion for Summary Judgment and to Reply to the Plaintiff's Opposition to the Defendants Motion for Summary Judgment, it is ORDERED that the Motion is GRANTED. Defendant must file the Response/Reply on or before January 14, 2022. Signed by Judge Carl J. Nichols on December 13, 2021. (lccjn2) (Entered: 12/13/2021)
2021-12-13Set/Reset Deadlines: Response to Cross Motions due by 1/14/2022. Reply to Motion for Summary Judgment due by 1/14/2022. (zcal) (Entered: 12/14/2021)
2022-01-1248Consent MOTION for Extension of Time to File Defendant's Opposition to Plaintiff's Cross-Motion for Summary Judgment and Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION. (Adebonojo, Kenneth) (Entered: 01/12/2022)
2022-01-14MINUTE ORDER. Upon review of the 48 Defendant's Consent Motion for an Extension of Time to file an Opposition to Plaintiff's Cross Motion for Summary Judgment and Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment, it is ORDERED that the Motion is GRANTED. Defendant's opposition and reply is due on or before March 4, 2022. Signed by Judge Carl J. Nichols on January 14, 2022. (lccjn2) (Entered: 01/14/2022)
2022-01-14Set/Reset Deadlines: Response to Cross Motions due by 3/4/2022. Reply to Motion for Summary Judgment due by 3/4/2022. (zcal) (Entered: 01/14/2022)
2022-03-0349Consent MOTION for Extension of Time to File an Opposition to Plaintiff's Cross Motion for Summary Judgment and Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION. (Adebonojo, Kenneth) (Entered: 03/03/2022)
2022-03-03MINUTE ORDER. Upon consideration of the 49 Consent Motion for an Extension of Time, it is ORDERED that the Motion is GRANTED in part and DENIED in part. It is further ORDERED that the Defendant's Opposition to Plaintiff's Cross Motion for Summary Judgment and Defendant's Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment are due on or before March 11, 2022. Plaintiff's Reply to Defendant's Opposition to Plaintiff's Cross Motion for Summary Judgment is due on or before March 18, 2022. It is so ORDERED. Signed by Judge Carl J. Nichols on March 3, 2022. (lccjn2) (Entered: 03/03/2022)
2022-03-03Set/Reset Deadlines: Response to Cross Motions due by 3/11/2022. Reply to Motion for Summary Judgment due by 3/11/2022. Reply to Cross Motions due by 3/18/2022. (zcal) (Entered: 03/04/2022)
2022-03-0750MOTION for Extension of Time to File Response/Reply as to 43 Cross MOTION for Summary Judgment by ANDRES F. CABEZAS. (Horwitz, Brian) (Entered: 03/07/2022)
2022-03-1151Memorandum in opposition to re 45 MOTION for Discovery , 43 Cross MOTION for Summary Judgment filed by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Declaration Michael G. Seidel, # 2 Exhibit)(Adebonojo, Kenneth) (Entered: 03/11/2022)
2022-03-1152REPLY to opposition to motion re 37 MOTION for Summary Judgment filed by FEDERAL BUREAU OF INVESTIGATION. (See Docket Entry 51 to view document). (zeg) (Entered: 03/14/2022)
2022-03-14MINUTE ORDER. Upon review of 50 Plaintiff's Motion for an Extension of Time, it is ORDERED that the Motion is GRANTED. Plaintiff shall file a Reply to Defendant's Response to Plaintiff's Cross-Motion for Summary Judgment on or before March 25, 2022. Signed by Judge Carl J. Nichols on March 14, 2022. (lccjn2) (Entered: 03/14/2022)
2022-03-14Set/Reset Deadlines: Reply to Cross Motion due by 3/25/2022. (zcal) (Entered: 03/15/2022)
2022-03-2553REPLY to opposition to motion re 43 Cross MOTION for Summary Judgment filed by ANDRES F. CABEZAS. (Horwitz, Brian) (Entered: 03/25/2022)
2022-03-2554MOTION for Leave to File Surreply by ANDRES F. CABEZAS. (Attachments: # 1 Exhibit Proposed Surreply, # 2 Text of Proposed Order)(Horwitz, Brian) (Entered: 03/25/2022)
2022-03-28MINUTE ORDER. Upon review of the 54 Motion for Leave to File a Surreply, it is ORDERED that the Motion is GRANTED. Signed by Judge Carl J. Nichols on March 28, 2022. (lccjn2) (Entered: 03/28/2022)
2022-03-2855MEMORANDUM OPINION Signed by Judge Carl J. Nichols on March 28, 2022. (lccjn2) (Entered: 03/28/2022)
2022-03-2856ORDER. Signed by Judge Carl J. Nichols on March 28, 2022. (lccjn2) (Entered: 03/28/2022)
2022-04-2557MOTION to Alter Judgment as to 56 Order on Motion for Summary Judgment by ANDRES F. CABEZAS. (Horwitz, Brian) (Entered: 04/25/2022)
2022-04-28MINUTE ORDER. Upon review of 57 Plaintiff's Motion to Alter the Judgment, it is ORDERED that Defendant shall respond on or before May 6, 2022. Signed by Judge Carl J. Nichols on April 28, 2022. (lccjn2) (Entered: 04/28/2022)
2022-04-28Set/Reset Deadlines: Response due by 5/6/2022. (zcal) (Entered: 04/28/2022)
2022-05-0658Memorandum in opposition to re 57 MOTION to Alter Judgment as to 56 Order on Motion for Summary Judgment filed by FEDERAL BUREAU OF INVESTIGATION. (Adebonojo, Kenneth) (Entered: 05/06/2022)
2022-05-1359REPLY to opposition to motion re 57 MOTION to Alter Judgment as to 56 Order on Motion for Summary Judgment filed by ANDRES F. CABEZAS. (Horwitz, Brian) (Entered: 05/13/2022)
2022-05-13MINUTE ORDER. Upon review of 57 Plaintiff's Motion to Alter the Judgment, 58 Defendant's Opposition, and 59 Plaintiff's Reply, it is ORDERED that the Motion is DENIED. Signed by Judge Carl J. Nichols on May 13, 2022. (lccjn2) (Entered: 05/13/2022)
2022-06-0960NOTICE OF APPEAL TO DC CIRCUIT COURT as to Order on Motion to Alter Judgment, 56 Order on Motion for Summary Judgment by ANDRES F. CABEZAS. Filing fee $ 505, receipt number ADCDC-9295373. Fee Status: Fee Paid. Parties have been notified. (Horwitz, Brian) (Entered: 06/09/2022)
2022-06-0961Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid re 60 Notice of Appeal to DC Circuit Court,. (zeg) (Entered: 06/09/2022)
2022-06-13USCA Case Number 22-5170 for 60 Notice of Appeal to DC Circuit Court, filed by ANDRES F. CABEZAS. (zeg) (Entered: 06/13/2022)
2022-06-2362NOTICE Stating that No Transcript will be Ordered by ANDRES F. CABEZAS (Horwitz, Brian) (Entered: 06/23/2022)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar