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Case TitleBISTRIAN v. FEDERAL BUREAU OF INVESTIGATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv01086
Date Filed2021-04-20
Date Closed2022-03-21
JudgeJudge Randolph D. Moss
PlaintiffPETER BISTRIAN
Case DescriptionPeter Bistrian submitted a FOIA request to the FBI for records concerning a civil suit he was litigating against the government. The agency acknowledged receipt of the request and told Bistrian that it had located 11,300 potentially responsive pages and asked Bistrian to confirm that he would pay fees. Bistrian confirmed that he would pay fees, but six years later after hearing nothing further from the agency, Bistrian filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantFEDERAL BUREAU OF INVESTIGATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-04-201COMPLAINT against FEDERAL BUREAU OF INVESTIGATION ( Filing fee $ 402 receipt number ADCDC-8388759) filed by PETER BISTRIAN. (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, # 11 Exhibit K, # 12 Civil Cover Sheet, # 13 Summons Federal Bureau of Investigation, # 14 Summons US Attorney General, # 15 Summons US Attorney General of DC)(Sandweg, John) (Entered: 04/20/2021)
2021-04-21Case Assigned to Judge Randolph D. Moss. (zsb) (Entered: 04/21/2021)
2021-04-212SUMMONS (2) Issued Electronically as to FEDERAL BUREAU OF INVESTIGATION and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 04/21/2021)
2021-04-213STANDING ORDER: It is hereby ORDERED that the parties shall comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 4/21/2021. (lcrdm2) (Entered: 04/21/2021)
2021-04-234MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Daniel A. Schnapp, Filing fee $ 100, receipt number ADCDC-8397084. Fee Status: Fee Paid. by PETER BISTRIAN. (Attachments: # 1 Statement of Facts, # 2 Declaration, # 3 Text of Proposed Order)(Sandweg, John) (Entered: 04/23/2021)
2021-04-235MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Christopher P. Hotaling, Filing fee $ 100, receipt number ADCDC-8397125. Fee Status: Fee Paid. by PETER BISTRIAN. (Attachments: # 1 Statement of Facts, # 2 Declaration, # 3 Text of Proposed Order)(Sandweg, John) (Entered: 04/23/2021)
2021-04-266ENTERED IN ERROR. . . . .REQUEST FOR SUMMONS TO ISSUE re 1 Complaint,, filed by PETER BISTRIAN. Related document: 1 Complaint,, filed by PETER BISTRIAN.(Sandweg, John) Modified on 4/26/2021 (ztd). (Entered: 04/26/2021)
2021-04-26MINUTE ORDER: Upon consideration of Plaintiff's Motions for Leave to Appear Pro Hac Vice, Dkt. 4 ; Dkt. 5 , it is hereby ORDERED that the motions are GRANTED. Daniel A. Schnapp and Christopher P. Hotaling are hereby granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for Instructions Signed by J udge Randolph D. Moss on 4/26/2021. (lcrdm2) (Entered: 04/26/2021)
2021-04-26NOTICE OF ERROR re 6 Request for Summons to Issue; emailed to jsandweg@nixonpeabody.com, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. A summons was previously issued for the U.S. Attorney General on 4/21/2021. (ztd, ) (Entered: 04/26/2021)
2021-04-267REQUEST FOR SUMMONS TO ISSUE re 1 Complaint,, filed by PETER BISTRIAN. Related document: 1 Complaint,, filed by PETER BISTRIAN.(Sandweg, John) (Entered: 04/26/2021)
2021-04-278NOTICE of Appearance by Christopher Hotaling on behalf of PETER BISTRIAN (Hotaling, Christopher) (Entered: 04/27/2021)
2021-04-289SUMMONS (1) Issued Electronically as to U.S. Attorney (ztd) (Entered: 04/28/2021)
2021-04-2910NOTICE of Appearance by Daniel A. Schnapp on behalf of PETER BISTRIAN (Schnapp, Daniel) (Entered: 04/29/2021)
2021-05-0311WITHDRAWN IN OPEN COURT ON 5/7/2021..... MOTION for Preliminary Injunction by PETER BISTRIAN. (Attachments: # 1 Memorandum in Support, # 2 Declaration Of John Sandweg, # 3 Exhibit A-T, # 4 Text of Proposed Order)(Sandweg, John) Modified on 5/7/2021 (kt). (Entered: 05/03/2021)
2021-05-03MINUTE ORDER: In light of Plaintiff's motion for preliminary injunction, Dkt. 11 , it is hereby ORDERED that Plaintiff shall promptly file proof of service, shall notify counsel for the government about the pending motion, and shall file a status report on or before May 5, 2021, at 5 p.m., updating the Court on these efforts. Signed by Judge Randolph D. Moss on 5/3/2021. (lcrdm2) (Entered: 05/03/2021)
2021-05-0412CERTIFICATE OF SERVICE by PETER BISTRIAN re 11 MOTION for Preliminary Injunction . (Sandweg, John) (Entered: 05/04/2021)
2021-05-0413NOTICE of Appearance by Diana Viggiano Valdivia on behalf of FEDERAL BUREAU OF INVESTIGATION (Valdivia, Diana) (Entered: 05/04/2021)
2021-05-0414NOTICE OF CONSENT TO ASSIGNMENT TO MAGISTRATE JUDGE by FEDERAL BUREAU OF INVESTIGATION (Valdivia, Diana) (Entered: 05/04/2021)
2021-05-05MINUTE ORDER: Upon consideration of Plaintiff's motion for preliminary injunction, Dkt. 11 , it is hereby ORDERED that the parties shall appear by telephone for a scheduling conference on May 7, 2020 at 2:30 p.m. The Courtroom Deputy Clerk will distribute the necessary dial-in information. Signed by Judge Randolph D. Moss on 5/5/2021. (lcrdm2) (Entered: 05/05/2021)
2021-05-0515RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/4/2021. Answer due for ALL FEDERAL DEFENDANTS by 6/3/2021. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Sandweg, John) (Entered: 05/05/2021)
2021-05-0516NOTICE OF FILING PROOF OF SERVICE by PETER BISTRIAN re 11 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Sandweg, John) (Entered: 05/05/2021)
2021-05-0517STATUS REPORT by PETER BISTRIAN. (Sandweg, John) (Entered: 05/05/2021)
2021-05-06ENTERED IN ERROR. . . . .DISREGARD THIS NOTICE OF ERROR re 15 Summons Returned Executed in FOIA as to U.S. Attorney; emailed to jsandweg@nixonpeabody.com, cc'd 6 associated attorneys -- The PDF file you docketed contained errors: 1. The Return of Services for Attorney General and the Federal Defendant need to be entered on the docket as well. (ztd, ) Modified on 5/7/2021 (ztd). (Entered: 05/06/2021)
2021-05-0618ENTERED IN ERROR. . . . .NOTICE Letter re filing issues of Plaintiff's Status Report by PETER BISTRIAN re 17 Status Report (Sandweg, John) Modified on 5/7/2021 (ztd). (Entered: 05/06/2021)
2021-05-07Minute Entry for proceedings held before Judge Randolph D. Moss: Telephonic Scheduling Conference held on 5/7/2021. Oral motion by Plaintiff to withdraw the 11 Motion for Preliminary Injunction; GRANTED. For the reasons stated on the record, the parties shall file a Joint Status Report by 5/14/2021. (Court Reporter Jeff Hook.) (kt) (Entered: 05/07/2021)
2021-05-07NOTICE OF ERROR re 18 Notice (Other); emailed to jsandweg@nixonpeabody.com, cc'd 6 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. Please review LCvR 5.1(a) regarding Correspondence. (ztd, ) (Entered: 05/07/2021)
2021-05-1419Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION. (Valdivia, Diana) (Entered: 05/14/2021)
2021-05-15MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 19 , it is hereby ORDERED that the parties shall file a further joint status report on or before May 21, 2021. Signed by Judge Randolph D. Moss on 5/15/2021. (lcrdm2) (Entered: 05/15/2021)
2021-05-2120Joint STATUS REPORT by PETER BISTRIAN. (Sandweg, John) (Entered: 05/21/2021)
2021-05-24MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 20 , it is hereby ORDERED that the parties shall file a further joint status report on or before May 25, 2021. Signed by Judge Randolph D. Moss on 5/24/2021. (lcrdm2) (Entered: 05/24/2021)
2021-05-2521Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION. (Valdivia, Diana) (Entered: 05/25/2021)
2021-05-25MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 21 , it is hereby ORDERED that the parties' agreement is adopted, as follows: (1) the FBI's deadline to answer or otherwise respond to the complaint is held in abeyance; (2) any statute of limitations defense that the FBI could have asserted is deemed WAIVED, and any claim for attorneys' fees and costs from Plaintiff's counsel is also deemed WAIVED, subject to the conditions set forth in the joint status report, see Dkt. 21 n.2; (3) Plaintiff's January 5, 2015 FOIA request shall be construed as limited in scope to the period between 2005 and 2015, including with respect to the FBI's already concluded main file search and its ongoing cross-reference file search; (4) the FBI shall process at least 500 pages of potentially responsive records per month and shall make interim monthly productions of any non-exempt portions of those records to Plaintiff, with the first such production to be made on or before July 16, 2021; (5) within 60 days of the conclusion of the FBI's productions of records responsive to the now-limited FOIA request, the FBI shall provide Plaintiff with a Vaughn index and the parties shall meet and confer to determine whether any issues remain in this litigation; (6) the parties shall file a further joint status report on or before August 25, 2021. Signed by Judge Randolph D. Moss on 5/25/2021. (lcrdm2) (Entered: 05/25/2021)
2021-08-2522Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION. (Valdivia, Diana) (Entered: 08/25/2021)
2021-08-26MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 22 , it is hereby ORDERED that the parties shall file a further joint status report on or before October 4, 2021. Signed by Judge Randolph D. Moss on 08/26/2021. (lcrdm2) (Entered: 08/26/2021)
2021-10-0423Joint STATUS REPORT by PETER BISTRIAN. (Sandweg, John) (Entered: 10/04/2021)
2021-10-05MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 23 , it is hereby ORDERED that the parties shall file a further joint status report on or before December 3, 2021. Signed by Judge Randolph D. Moss on 10/05/2021. (lcrdm2) (Entered: 10/05/2021)
2021-12-0224Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION. (Valdivia, Diana) (Entered: 12/02/2021)
2021-12-06MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 24 , it is hereby ORDERED that the parties shall file a further joint status report on or before February 1, 2022. Signed by Judge Randolph D. Moss on 12/6/2021. (lcrdm2) (Entered: 12/06/2021)
2022-02-0125Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION. (Valdivia, Diana) (Entered: 02/01/2022)
2022-02-07MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 25 , it is hereby ORDERED that the parties shall file a further status report on or before March 18, 2022. Signed by Judge Randolph D. Moss on 2/7/2022. (lcrdm2) (Entered: 02/07/2022)
2022-03-1826NOTICE of Voluntary Dismissal by PETER BISTRIAN (Sandweg, John) (Entered: 03/18/2022)
2022-03-21MINUTE ORDER: Upon consideration of Plaintiff's Notice of Voluntary Dismissal 26 , it is hereby ORDERED that the case is DISMISSED pursuant to Federal Rule of Civil Procedure 41(a). The Clerk of Court is directed to terminate this case. Signed by Judge Randolph D. Moss on 3/21/2022. (lcrdm2) (Entered: 03/21/2022)
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