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Case TitleSCHOTZ v. UNITED STATES DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2014cv01212
Date Filed2014-07-21
Date Closed2016-04-20
JudgeChief Judge Beryl A. Howell
PlaintiffBARRY R. SCHOTZ
Case DescriptionBarry Schotz, a federal prisoner, submitted a FOIA request to the Bureau of Prisons for records concerning three Health Services Utilization Review Committee proceedings. BOP responded with records Schotz believed were not responsive. He filed an appeal and then eventually filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index

DefendantUNITED STATES DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS, Office of the General Counsel
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [39]
Opinion/Order [57]
FOIA Project Annotation: Judge Beryl Howell has rejected Barry Schotz's request for reconsideration and has also found that he is not entitled to attorney's fees for his suit against the Bureau of Prisons. Schotz argued that he had discovered new evidence meriting reconsideration. But Howell observed that "the BOP's 2016 release determination is dated after the date of the final judgment entered in this case and it involves a 2016 FOIA request that was not a subject of this action either initially or by amendment. Therefore, the plaintiff's claim of newly discovered evidence is unavailing. Nevertheless, the fact that the 2016 release might have included pages responsive to the plaintiff's earlier request would not warrant reopening this matter. . .Moreover, reopening this matter would prove futile [since Schotz had not exhausted his administrative remedies as to the 2016 request]." Turning to Schotz's contention that he was entitled to attorney's fees, Howell noted that Schotz, aside from his pro se status, "is ineligible for an award because (1) he did not prevail by judicial order, and (2) the agency was not compelled by this lawsuit to act but had in fact released responsive records prior to its commencement."
Issues: Litigation - Jurisdiction - Failure to State a Claim, Litigation - Jurisdiction - Failure to Exhaust, Litigation - Attorney's fees - Prevailing party
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-07-211COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE filed by BARRY R. SCHOTZ. (Attachments: # 1 Exhibit A through D, # 2 Civil Cover Sheet) (md, ) (Entered: 07/21/2014)
2014-07-212MOTION for Leave to Proceed in forma pauperis by BARRY R. SCHOTZ (md, ) (Entered: 07/21/2014)
2014-07-213ORDER directing an initial partial filing fee from Prison Account of BARRY R. SCHOTZ; ORDERED that, within thirty (30) days of this Order, the plaintiffr shall provide the information described above. Failure to comply with this Order will result in dismissal of this action. SO ORDERED. Signed by Judge Richard J. Leon on 7/18/2014. (md, ) (Entered: 07/21/2014)
2014-08-044MOTION SEEK LEAVE PERMISSION TO: CONSOLIDATE (Pursuant F.R.Civ.P. 10(c), or otherwise; AMEND & SUPPLEMENT PLEADINGS, Pursuant F.R.Civ.P. Rule 15(a), or otherwise; and/or PERMISSIVE JOINDER OF PARTIES F.R.Civ.P. Rule 20(a). by BARRY R. SCHOTZ (md, ) (Entered: 08/25/2014)
2014-08-255ORDER DENYING WITHOUT PREJUDICE 4 Plaintiff's "Motion Seek[ing] Leave Permission to: Consolidate (Pursuant [to] F.R.Civ.P. 10(c), or otherwise [] Amend & Supplement Pleadings, Pursuant [to] F.R.Civ.P Rule 15(a), or otherwise[] and/or Permissive Joinder of Parties F.R.Civ.P. Rule 20(a)". SO ORDERED. Signed by Judge James E. Boasberg on 8/20/2014. (md, ) (Entered: 08/25/2014)
2014-08-256ORDER directing an initial partial filing fee from Prison Account of BARRY R. SCHOTZ. Plaintiff's application to proceed informa pauperis is GRANTED, except to the extent that Plaintiff is required to make the payments set forth above. SO ORDERED. Signed by Judge James E. Boasberg on 8/20/2014. (md, ) (Entered: 08/25/2014)
2014-08-26Case Reassigned to Judge Beryl A. Howell. Unassigned no longer assigned to the case. (md, ) (Entered: 08/26/2014)
2014-09-197MOTION for Leave to Amend and Supplement Pleadings by BARRY R. SCHOTZ (rdj) (Entered: 09/23/2014)
2014-10-018ORDER denying as moot 7 Plaintiff's Motion for Leave to File Amended Complaint; directing Plaintiff to file by October 30, 2014, a comprehensive amended complaint, which will supersede the original complaint (see attached order for details). Signed by Judge Beryl A. Howell on 10/1/14.(ah) (Entered: 10/01/2014)
2014-10-01Set/Reset Deadlines: Amended Complaint due by 10/30/2014. (tg, ) (Entered: 10/01/2014)
2014-10-209FIRST AMENDED COMPLAINT by BARRY R. SCHOTZ (Attachments: # 1 Exhibit) (md) (Entered: 10/21/2014)
2014-10-27SUMMONS (3) Issued as to UNITED STATES DEPARTMENT OF JUSTICE: FEDERAL BUREAU OF PRISONS, U.S. Attorney and U.S. Attorney General. (md, ) (Entered: 10/27/2014)
2014-10-2910RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 10/28/2014, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/28/2014. ( Answer due for ALL FEDERAL DEFENDANTS by 11/27/2014.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/29/2014. (rdj) (Entered: 10/29/2014)
2014-10-3111NOTICE of Appearance by Eric Joseph Young on behalf of UNITED STATES DEPARTMENT OF JUSTICE (Young, Eric) (Entered: 10/31/2014)
2014-11-0712MOTION for Extension of Time to File and Answer or Dispositive Motion by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Young, Eric) (Entered: 11/07/2014)
2014-11-24MINUTE ORDER (paperless) GRANTING the defendant's 12 Motion for Extension of Time to File An Answer or Dispositive Motion. The defendant shall, by January 27, 2015, respond to the plaintiff's 1 Complaint. Signed by Judge Beryl A. Howell on November 24, 2014. (lcbah1) (Entered: 11/24/2014)
2014-11-25Set/Reset Deadlines: Answer to the complaint due by 1/27/2015. ( tg, ) (Entered: 11/25/2014)
2014-12-2313MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Ochoa Declaration with Exhibits, # 4 Declaration Luczynski Declaration with Exhibits, # 5 Text of Proposed Order)(Young, Eric) (Entered: 12/23/2014)
2015-02-0214Order advising plaintiff to respond by March 23, 2015, to defendant's summary judgment motion or risk entry of judgment for the defendant on what will be treated as a conceded motion (see attached order for details). Signed by Judge Beryl A. Howell on 2/2/15.(ah) (Entered: 02/02/2015)
2015-02-02Set/Reset Deadlines: Plaintiff's Response to Motion for Summary Judgment due by 3/23/2015. (tg, ) (Entered: 02/02/2015)
2015-03-0915MOTION for Extension of Time to File Response/Reply as to 13 MOTION for Summary Judgment by BARRY R. SCHOTZ "Leave to file GRANTED" by Judge Beryl A. Howell (rdj) (Entered: 03/11/2015)
2015-03-0916MOTION for Judicial Notice by BARRY R. SCHOTZ "Leave to file GRANTED" by Judge Beryl A. Howell (rdj) (Entered: 03/11/2015)
2015-03-1117RESPONSE re 15 MOTION for Extension of Time to File Response/Reply as to 13 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Young, Eric) (Entered: 03/11/2015)
2015-03-1818RESPONSE re 16 MOTION for Judicial Notice filed by UNITED STATES DEPARTMENT OF JUSTICE. (Young, Eric) (Entered: 03/18/2015)
2015-04-03MINUTE ORDER granting 15 the Plaintiff's Motion for an Extension of Time to File a Response to the Defendant's summary judgment motion, to which the Defendant has consented. Plaintiff's shall file his response by June 22, 2015. SO ORDERED. Signed by Judge Beryl A. Howell on 4/3/15.(ah) (Entered: 04/03/2015)
2015-04-03Set/Reset Deadlines: Plaintiff's Response to Motion for Summary Judgment due by 6/22/2015. (tg, ) (Entered: 04/03/2015)
2015-04-0619REPLY to opposition to motion re 16 MOTION for Judicial Notice filed by BARRY R. SCHOTZ. "Leave to file GRANTED" by Judge Beryl A. Howell (rdj) (Entered: 04/06/2015)
2015-05-1120NOTICE of Change of Address by BARRY R. SCHOTZ (rdj) (Entered: 05/13/2015)
2015-06-1121MOTION for Extension of Time to File Response/Reply as to 13 MOTION for Summary Judgment by BARRY R. SCHOTZ "Leave to file GRANTED" by Judge Beryl A. Howell (zrdj) (Entered: 06/11/2015)
2015-06-1122MOTION FOR LOST/DESTROYED RECORDS by BARRY R. SCHOTZ (zrdj) (Entered: 06/12/2015)
2015-06-12MINUTE ORDER granting 21 Plaintiff's Motion for a 60-day Extension of Time to File a Response to Defendant's summary judgment motion. Plaintiff shall file his response by August 24, 2015, or, as previously advised, risk entry of judgment for the defendant. SO ORDERED. Signed by Judge Beryl A. Howell on 6/12/15.(ah) (Entered: 06/12/2015)
2015-06-12MINUTE ORDER granting in part and denying in part 22 Plaintiff's motion for missing pages. The Clerk shall provide plaintiff a complete copy of the 19-page Declaration of Beth Ochoa [# 13-3], without the attached exhibits. SO ORDERED. Signed by Judge Beryl A. Howell on 6/12/15.(ah) (Entered: 06/12/2015)
2015-06-12Set/Reset Deadlines: Plaintiff's Response to Defendant's Motion for Summary Judgment due by 8/24/2015. (tg) (Entered: 06/12/2015)
2015-08-1823MOTION for Summary Judgment by BARRY R. SCHOTZ "Leave to file GRANTED", by Judge Beryl A. Howell (zrdj) (Entered: 08/18/2015)
2015-08-2024MOTION for Extension of Time to File Response/Reply as to 13 MOTION for Summary Judgment , 23 MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Young, Eric) (Entered: 08/20/2015)
2015-08-20MINUTE ORDER (paperless) GRANTING the defendant's 24 Motion for Extension of Time for Defendant to File a Response to Plaintiff's Filing. The defendant shall, by November 1, 2015, submit any opposition to the plaintiff's 23 Motion for Summary Judgment. The plaintiff shall, by December 1, 2015, file any reply. The Court hereby STAYS this matter until such time as the newly filed 23 Motion for Summary Judgment is fully briefed, in the interest of judicial economy to allow resolution of both motions simultaneously. Signed by Judge Beryl A. Howell on August 20, 2015. (lcbah1) (Entered: 08/20/2015)
2015-08-20Case Stayed (lcbah1) (Entered: 08/20/2015)
2015-08-21Set/Reset Deadlines: Defendant's Opposition to 23 Motion for Summary Judgment due by 11/1/2015; Plaintiff's Reply due by 12/1/2015. (tg) (Entered: 08/21/2015)
2015-08-2425MOTION to Clarify by BARRY R. SCHOTZ (zrdj) (Entered: 08/26/2015)
2015-08-31MINUTE ORDER denying as moot 25 Plaintiff's Motion to Clarify, in light of the August 20, 2015, minute order setting deadlines for the parties to brief Plaintiff's recently filed motion for summary judgment. SO ORDERED. Signed by Judge Beryl A. Howell on 8/31/15.(ah) (Entered: 08/31/2015)
2015-09-0826MOTION for Reconsideration re MINUTE Order on Motion for Extension of Time to File Response/Reply by BARRY R. SCHOTZ "Leave to file GRANTED ; Construed as Motion for Reconsideration of 8/20/2015 Order", by Judge Beryl A. Howell (zrdj) (Entered: 09/08/2015)
2015-09-0827ERRATA for Certificate of Service by UNITED STATES DEPARTMENT OF JUSTICE 24 MOTION for Extension of Time to File Response/Reply as to 13 MOTION for Summary Judgment , 23 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Young, Eric) (Entered: 09/08/2015)
2015-09-1028Memorandum in opposition to re 26 MOTION for Reconsideration re Order on Motion for Extension of Time to File Response/Reply,, filed by UNITED STATES DEPARTMENT OF JUSTICE. (Young, Eric) (Entered: 09/10/2015)
2015-09-1529REPLY to opposition to motion re 13 MOTION for Summary Judgment , 23 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Young, Eric) (Entered: 09/15/2015)
2015-09-2230ERRATA to Reply Brief to Opposition by UNITED STATES DEPARTMENT OF JUSTICE 13 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE, 23 MOTION for Summary Judgment filed by BARRY R. SCHOTZ. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Young, Eric) (Entered: 09/22/2015)
2015-10-0531MOTION FOR COURT NUNC PRO TUNC PROCEDURAL CLARIFICATION ORDER by BARRY R. SCHOTZ (zrdj) (Entered: 10/07/2015)
2015-10-1232NOTICE OF SUBSTITUTION OF COUNSEL by Caitlin O'Leary Trujillo on behalf of All Defendants Substituting for attorney Eric Young (Trujillo, Caitlin) (Entered: 10/12/2015)
2015-10-2133Memorandum in opposition to re 31 MOTION FOR COURT NUNC PRO TUNC PROCEDURAL filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Trujillo, Caitlin) (Entered: 10/21/2015)
2015-11-0934REPLY to opposition to motion re 31 MOTION FOR COURT NUNC PRO TUNC PROCEDURAL filed by BARRY R. SCHOTZ. (td) (Entered: 11/12/2015)
2015-11-2335MOTION for Extension of Time to File Surreply by BARRY R. SCHOTZ (td) (Entered: 11/23/2015)
2016-02-24Partial Filing Fee Received from BARRY R. SCHOTZ in the amount of $3.69, receipt number: 4616076138. (zrdj) (Entered: 02/24/2016)
2016-02-2936MOTION SEEK LFAVE STATUS by BARRY R. SCHOTZ (zrdj) (Entered: 03/02/2016)
2016-03-1737RESPONSE re to 36 Motion to Seek Leave Status filed by UNITED STATES DEPARTMENT OF JUSTICE. (Trujillo, Caitlin) Modified on 3/18/2016 (zrdj). (Entered: 03/17/2016)
2016-03-22Partial Filing Fee Received from BARRY R. SCHOTZ in the amount of $46.55, receipt number: 4616076654. (zrdj) (Entered: 03/22/2016)
2016-04-13Partial Filing Fee Received from BARRY R. SCHOTZ in the amount of $13.36, receipt number: 4616077044. (zrdj) (Entered: 04/13/2016)
2016-04-2038ORDER granting 13 Defendant's Motion for Summary Judgment; granting 35 Plaintiff's Motion to File Surreply; denying all remaining pending motions 16 23 26 31 36 ; and entering judgment for the Defendant, for the reasons stated in the Memorandum Opinion issued separately this day. Signed by Chief Judge Beryl A. Howell on 4/20/16.(ah) (Entered: 04/20/2016)
2016-04-2039MEMORANDUM OPINION accompanying final order issued separately this day. Signed by Chief Judge Beryl A. Howell on 4/20/16.(ah) (Entered: 04/20/2016)
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by FOIA Project Staff
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