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Case TitleCONLEY v. FEDERAL BUREAU OF INVESTIGATION et al
DistrictDistrict of New Jersey
CityTrenton
Case Number3:2014cv05829
Date Filed2014-09-18
Date Closed2016-02-17
JudgeJudge Peter G. Sheridan
PlaintiffKEVIN CONLEY
Case DescriptionKevin Conley, convicted of murder in New Jersey, submitted a multi-part request to the FBI for various DNA analysis records pertaining to his conviction. The FBI divided his request into three separate requests. The FBI's response to the first request contained 107 pages heavily redacted under Exemption 7(E) (investigative methods and techniques). The response to the second request contained 172 pages that pertained to his trial but not to the DNA analysis. The agency failed to respond to the third request. Conley appealed the first two responses to the Office of Information Policy. OIP upheld the FBI's use of 7(E) but did not respond to the second appeal. Conley then filed suit.
Complaint issues: Exemption 7(E) - Investigative methods or techniques, Litigation - Vaughn index

DefendantFEDERAL BUREAU OF INVESTIGATION
DefendantU.S. DEPARTMENT OF JUSTICE
AppealThird Circuit 16-1953
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

2014-09-181Complaint Received. (Attachments: # 1 Transmittal Letter, # 2 Civil Cover Sheet, # 3 Application IFP, # 4 Declaration of Service, # 5 Envelope)(jjc) (Entered: 09/19/2014)
2014-11-062Letter regarding the status of case from Kevin Conley. **Sent Plaintiff a copy of his docket sheet on 11/6/2014** (jjc) (Entered: 11/06/2014)
2014-12-193NOTICE of Filing 6 month Certified Account Statement and Declaration in Support of IFP by KEVIN CONLEY (Attachments: # 1 Cover Letter, # 2 Declaration of Kevin Conley, # 3 Declaration of Service, # 4 Envelope)(jjc) (Attachment 2 replaced on 9/21/2015) (eaj, ). (Entered: 12/19/2014)
2015-02-104ORDER granting Plaintiff's request to proceed in forma pauperis; Directing the Clerk to file the Complaint; Ordering the Clerk to issue summons and the United States Marshal shall serve a copy of the complaint, summons, and this Order upon Defendants pursuant to 28 U.S.C. § 1915(d), with all costs of service advanced by the United States. Signed by Judge Peter G. Sheridan on 2/10/2015. (eaj) (Entered: 02/10/2015)
2015-02-10COMPLAINT against FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, filed by KEVIN CONLEY.(eaj) (Entered: 02/10/2015)
2015-02-105SUMMONS ISSUED as to FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. Issued By *BETH JONIAK* (eaj) (Entered: 02/10/2015)
2015-02-106CLERK'S LETTER: Transmittal of USM 285 Forms. (eaj) (Entered: 02/10/2015)
2015-03-117Letter from Kevin Conley requesting 2 additional USM285 forms. The Clerk will send them to Pltf. (eaj) (Entered: 03/11/2015)
2015-03-238Copy of Letter from Kevin Conley that was sent to the US Marshal. (eaj) (Entered: 03/24/2015)
2015-03-248Copy of Letter from Kevin Conley that was sent to the US Marshal. (eaj) (Entered: 03/24/2015)
2015-04-229SUMMONS Returned Executed by KEVIN CONLEY. U.S. DEPARTMENT OF JUSTICE served on 4/10/2015, answer due 6/1/2015. (eaj) Modified on 4/30/2015 (eaj, ). (Entered: 04/22/2015)
2015-05-1210Letter from Kevin Conley regarding service on defendants. The Clerk will send a copy of the USM285 forms that were returned from the Marshals. (Attachments: # 1 Envelope)(eaj) (Entered: 05/12/2015)
2015-05-1411SUMMONS Returned Executed by USMS. FEDERAL BUREAU OF INVESTIGATION served on 5/6/2015, answer due 7/6/2015. (mmh) (Entered: 05/14/2015)
2015-05-2012Letter from Jordan M. Anger re 4 Order,. (ANGER, JORDAN) (Entered: 05/20/2015)
2015-05-2013NOTICE of Appearance by JORDAN MILOWE ANGER on behalf of All Defendants (ANGER, JORDAN) (Entered: 05/20/2015)
2015-06-0514Letter from Kevin Conley requesting additional USM 285 forms and an extension of time to serve the additional defendant. (eaj) (Entered: 06/05/2015)
2015-06-0815Letter re 14 Letter. (ANGER, JORDAN) (Entered: 06/08/2015)
2015-06-0816APPLICATION for a 45 day extension to complete service for by KEVIN CONLEY. (Attachments: # 1 Brief, # 2 Declaration, # 3 Certificate of Service, # 4 Text of Proposed Order, # 5 Cover Letter, # 6 Envelope)(eaj) (Entered: 06/09/2015)
2015-06-0917LETTER ORDER extending the deadline to serve the additional defendant until 8/7/2015. Signed by Judge Peter G. Sheridan on 6/9/2015. (eaj) (Entered: 06/09/2015)
2015-06-0918LETTER ORDER extending the deadline for the Plaintiff to serve the additional defendant until 8/7/2015.. Signed by Judge Peter G. Sheridan on 6/9/2015. (eaj) (Entered: 06/09/2015)
2015-06-1519DECLARATION of Service by KEVIN CONLEY. (eaj) (Entered: 06/15/2015)
2015-06-1720SUMMONS ISSUED as to U.S. DEPARTMENT OF JUSTICE Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. Issued By *BETH JONIAK* (eaj) (Entered: 06/17/2015)
2015-06-2221Letter from Plaintiff requesting information re: certain docket entries. **Clerk mailed Plaintiff copy of docket sheet. (mmh) (Entered: 06/22/2015)
2015-07-0822SUMMONS Returned Executed by KEVIN CONLEY. U.S. Attorney's Office, NJ served on 6/23/2015. (eaj) (Entered: 07/08/2015)
2015-07-1423First MOTION for Extension of Time to File Answer by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (ANGER, JORDAN) (Entered: 07/14/2015)
2015-07-14CLERK'S QUALITY CONTROL MESSAGE - The Application for an Extension of time to Respond 23 filed by Jordan Anger on 7/14/2015 was submitted incorrectly as a Motion. For future reference when filing a Motion, a Notice of Motion and the other supporting documents required by the rules of this Court must be submitted. This filing will be construed as an Application for an extension and will be forwarded to Chambers. The Calendar event created by this filing has been terminated. This submission will remain on the docket unless otherwise ordered by the court. (eaj) (Entered: 07/14/2015)
2015-07-3024Letter brief from Kevin Conley. (kas, ) (Entered: 07/30/2015)
2015-09-0925ORDER that Defendants are to file a response by 9/22/2015. Signed by Judge Peter G. Sheridan on 9/8/2015. (eaj) (Entered: 09/09/2015)
2015-09-1726MOTION for Partial Summary Judgment by KEVIN CONLEY. (Attachments: # 1 Brief, # 2 Cover Letter, # 3 Declaration and Supplemental Declaration, # 4 Declaration of Service, # 5 Exhibit, # 6 Text of Proposed Order, # 7 Statement)(eaj) (Entered: 09/17/2015)
2015-09-17ORAL ARGUMENT REQUIRED for the 26 MOTION for Partial Summary Judgment. Motion set for 10/19/2015 10:30 AM in Trenton - Courtroom 4E before Judge Peter G. Sheridan. (eaj) (Entered: 09/17/2015)
2015-09-1727MOTION to Dismiss or Alternatively for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. Responses due by 10/5/2015 (Attachments: # 1 Brief, # 2 Statement pursuant to Local Rule 56.1, # 3 Text of Proposed Order, # 4 Declaration of David M. Hardy, # 5 Exhibit to Hardy Declaration)(ANGER, JORDAN) (Entered: 09/17/2015)
2015-09-17ORAL ARGUMENT REQUIRED for the 27 MOTION to Dismiss or Alternatively for Summary Judgment . Motion set for 10/19/2015 10:30 AM in Trenton - Courtroom 4E before Judge Peter G. Sheridan. (eaj) (Entered: 09/17/2015)
2015-09-18ORAL ARGUMENT REQUIRED for the 27 MOTION to Dismiss or Alternatively for Summary Judgment , 26 MOTION for Partial Summary Judgment. Motion set for 10/19/2015 moved to 11/4/2015 at 10:30 AM in Trenton - Courtroom 4E before Judge Peter G. Sheridan. (dh, ) (Entered: 09/18/2015)
2015-09-2828BRIEF in Opposition filed by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE re 26 MOTION for Partial Summary Judgment (Attachments: # 1 Statement pursuant to Local Rule 56.1)(ANGER, JORDAN) (Entered: 09/28/2015)
2015-10-1629MOTION for Extension of Time to File Response/Reply by KEVIN CONLEY. (Attachments: # 1 Cover Letter, # 2 Declaration, # 3 Declaration 7.1, # 4 Declaration in Support of Motion, # 5 Text of Proposed Order, # 6 Envelope)(km) (Entered: 10/19/2015)
2015-10-2630DECLARATION of Kevin Conley in Support of Administrative Appeal. (eaj) (Entered: 10/26/2015)
2015-10-3031ORDER granting 29 Motion for Extension of Time to File Opposition to Defendants Motion; Plaintiffs opposition shall be submitted 30 from the date of this Order; Defendants shall have 15 days from the date that Plaintiff files his opposition to file their reply; Cancelling Oral Argument that was scheduled on 11/4/2015. Signed by Judge Peter G. Sheridan on 10/30/2015. (eaj) (Entered: 10/30/2015)
2015-10-3032Brief in Opposition filed by KEVIN CONLEY re 27 MOTION to Dismiss or Alternatively for Summary Judgment (eaj) (Entered: 10/30/2015)
2015-10-3033DECLARATION of Kevin Conley re 27 MOTION to Dismiss or Alternatively for Summary Judgment by KEVIN CONLEY. (Attachments: # 1 Declaration in Opposition to Statement of Material facts)(eaj) (Entered: 10/30/2015)
2015-11-0234APPENDIX in Opposition filed by KEVIN CONLEY re 27 MOTION to Dismiss or Alternatively for Summary Judgment (eaj) (Entered: 11/02/2015)
2015-11-1635REPLY to Response to Motion filed by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE re 27 MOTION to Dismiss or Alternatively for Summary Judgment (Attachments: # 1 Declaration of Jordan M. Anger (with Exhibit))(ANGER, JORDAN) (Entered: 11/16/2015)
2015-12-0736MOTION for Partial Summary Judgment on Fee Waiver by KEVIN CONLEY. (Attachments: # 1 Brief, # 2 Declaration, # 3 Exhibit, # 4 Exhibit, # 5 Statement)(eaj) (Entered: 12/07/2015)
2015-12-1637First MOTION for Extension of Time to File Response/Reply as to 36 MOTION for Partial Summary Judgment by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (ANGER, JORDAN) (Entered: 12/16/2015)
2015-12-17ORAL ARGUMENT REQUIRED for the 27 MOTION to Dismiss or Alternatively for Summary Judgment , 26 MOTION for Partial Summary Judgment, 37 First MOTION for Extension of Time to File Response/Reply as to 36 MOTION for Partial Summary Judgment , 36 MOTION for Partial Summary Judgment. Motion set for 2/16/2016 at 10:30 AM in Trenton - Courtroom 4E before Judge Peter G. Sheridan. (dh, ) (Entered: 12/17/2015)
2015-12-17CLERK'S QUALITY CONTROL MESSAGE - The Application for an Extension to respond to the Motion 37 submitted by Jordan Anger on 12/16/2015 must be executed by a Judicial Officer before filing. Please forward to the appropriate Judicial Officer in accordance with his/her preferred practice as found on our website. The Clerk's office has terminated the Calendar event created by this filing. This submission will remain on the docket unless otherwise ordered by the court. This message is for informational purposes only. (eaj) (Entered: 12/17/2015)
2015-12-1838LETTER ORDER granting Defendants application to file their response to the Motion 36 by 1/11/2016. Signed by Judge Peter G. Sheridan on 12/18/2015. (eaj) (Entered: 12/18/2015)
2016-01-1239Second MOTION for Extension of Time to File Response/Reply as to 36 MOTION for Partial Summary Judgment by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (ANGER, JORDAN) (Entered: 01/12/2016)
2016-01-12CLERK'S QUALITY CONTROL MESSAGE - The Application and Proposed Order 39 submitted by Jordan Anger on 1/12/2016 was filed incorrectly as a Motion and must be executed by a Judicial Officer before filing. Please forward to the appropriate Judicial Officer in accordance with his/her preferred practice as found on our website. The Calendar event created by this filing will be terminated. This submission will remain on the docket unless otherwise ordered by the court. This message is for informational purposes only. (eaj) (Entered: 01/12/2016)
2016-01-2140RESPONSE in Opposition filed by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE re 36 MOTION for Partial Summary Judgment (Attachments: # 1 Statement in response to Local Rule 56.1 Statement, # 2 Declaration (Second) of David M. Hardy, # 3 Cover Letter)(ANGER, JORDAN) (Entered: 01/21/2016)
2016-02-1141NOTICE of Hearing on Motion 27 MOTION to Dismiss or Alternatively for Summary Judgment , 26 MOTION for Partial Summary Judgment, 36 MOTION for Partial Summary Judgment : Motion set for 2/16/2016 at 10:30 AM in Trenton - Courtroom 4E before Judge Peter G. Sheridan. (dh, ) (Entered: 02/11/2016)
2016-02-11CORRECTION COUNSEL ORAL ARGUMENT REQUIRED for the 27 MOTION to Dismiss or Alternatively for Summary Judgment , 26 MOTION for Partial Summary Judgment, 36 MOTION for Partial Summary Judgment. Motion set for 2/16/2016 at 1:00 PM in Trenton - Courtroom 4E before Judge Peter G. Sheridan. (dh, ) (Entered: 02/11/2016)
2016-02-1642Minute Entry for proceedings held before Judge Peter G. Sheridan: Motion Hearing held on 2/16/2016 re 27 MOTION to Dismiss or Alternatively for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION - GRANTED; 26 & 36 MOTION for Partial Summary Judgment filed by KEVIN CONLEY - DENIED. Order to follow - Case Dismissed. (Court Reporter - Francis J. Gable.) (jjc) (Entered: 02/16/2016)
2016-02-1643MOTION for Extension of Time to File Reply to Defendants Response 40 by KEVIN CONLEY. (eaj) (Entered: 02/17/2016)
2016-02-1744ORDER denying 36 Plaintiff's Motion for Partial Summary Judgment on Fee Waiver; denying 26 Plaintiff's Motion for Partial Summary Judgment; granting Defendants 27 Motion to Dismiss ***CIVIL CASE TERMINATED. Signed by Judge Peter G. Sheridan on 2/16/2016. (eaj) (Entered: 02/17/2016)
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