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Case TitleALTSCHUL v. U.S. DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv00092
Date Filed2017-01-12
Date Closed2018-08-24
JudgeJudge Tanya S. Chutkan
PlaintiffTODD W. ALTSCHUL
Case DescriptionTodd Altschul, a federal prisoner, submitted a FOIA request to the Bureau of Prisons for records about a claim he had filed under the Federal Tort Claims Act. The agency withheld 18 pages under Exemption 5 (privileges), Exemption 6 (invasion of privacy), and Exemption 7 (law enforcement records). Altschul does not indicate that he filed an administrative appeal, but because he notes that the Office of Information Policy has possession of the records, it may have received them as part of an administrative review. Nevertheless, Altschul filed suit.
Complaint issues: Exemption 7 - Law enforcement records

DefendantU.S. DEPARTMENT OF JUSTICE
DefendantFEDERAL BUREAU OF PRISONS
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-01-121COMPLAINT against All Defendants filed by TODD W. ALTSCHUL. (Attachment: # 1 Civil Cover Sheet)(ad) (Additional attachment(s) added on 3/28/2017: # 2 Exhibit) (sth). (Entered: 01/13/2017)
2017-01-122MOTION for Leave to Proceed in forma pauperis by TODD W. ALTSCHUL. (ad) (Entered: 01/13/2017)
2017-01-123PRO SE ORDER directing within 30 days of this Order, unless an extension of time is granted, plaintiff to provide a six month trust fund prisoner account statement and failure to comply will result in dismissal of case. Plaintiff shall provide the requested information specific within this order. Signed by Chief Judge Beryl A. Howell on 1/10/2017. (ad) (Entered: 01/13/2017)
2017-01-12Initiating Pleading & IFP Application Received on 11/14/2016. (ad) (Entered: 01/13/2017)
2017-02-174NOTICE of Change of Address by TODD W. ALTSCHUL (sth) (Entered: 02/17/2017)
2017-02-175MOTION for Extension of Time to file certified 6-month Inmate Account Statement per January 10, 2017 Court Order 3 by TODD W. ALTSCHUL (sth) (Entered: 02/17/2017)
2017-02-176PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by TODD W. ALTSCHUL (sth) (Entered: 02/17/2017)
2017-02-217Amendment to Complaint by TODD W. ALTSCHUL (sth) Modified on 3/28/2017 (sth). (Entered: 02/24/2017)
2017-03-288ORDER granting 5 Motion for Extension of Time to; granting 2 Motion for Leave to Proceed in forma pauperis. Signed by Judge Colleen Kollar-Kotelly on 3/27/17. (sth) (Entered: 03/28/2017)
2017-03-289ORDER re 7 MOTION to Amend/Correct filed by TODD W. ALTSCHUL shall be terminated and shall be docketed to the plaintiff's submission as an exhibit to the complaint. Signed by Judge Colleen Kollar-Kotelly on 3/27/17. (sth) (Entered: 03/28/2017)
2017-03-28Case Reassigned to Judge Tanya S. Chutkan. Unassigned no longer assigned to the case. (sth) (Entered: 03/28/2017)
2017-05-0310SUMMONS (4) Issued as to FEDERAL BUREAU OF PRISONS, U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (md) (Entered: 05/03/2017)
2017-05-2411RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/18/17. ( Answer due for ALL FEDERAL DEFENDANTS by 6/17/2017.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF PRISONS served on 5/18/17 (td) (Entered: 05/26/2017)
2017-06-1512NOTICE of Appearance by Scott Leeson Sroka on behalf of FEDERAL BUREAU OF PRISONS, U.S. DEPARTMENT OF JUSTICE (Sroka, Scott) (Entered: 06/15/2017)
2017-06-1513MOTION for Extension of Time to File Answer re 1 Complaint by U.S. DEPARTMENT OF JUSTICE (Sroka, Scott) (Entered: 06/15/2017)
2017-06-22MINUTE ORDER: Defendants' 13 Motion for Extension of Time is granted, and their Answer or other response to the Complaint is due by July 17, 2017. Signed by Judge Tanya S. Chutkan on 6/22/17. (ms) (Entered: 06/22/2017)
2017-06-23Set/Reset Deadlines: Answer due by 7/17/2017. (tb) (Entered: 06/23/2017)
2017-06-2814RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/19/17., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 6/19/2017 (td) (Entered: 06/30/2017)
2017-07-1715ANSWER to 1 Complaint by FEDERAL BUREAU OF PRISONS.(Sroka, Scott) (Entered: 07/17/2017)
2017-07-18MINUTE ORDER: Before the Court in this FOIA case are a complaint filed by an incarcerated plaintiff and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the Government Defendants shall file a status report and proposed schedule that includes: the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a Vaughn index will be required in this case, any other pertinent issues and a proposed schedule for filing dispositive motions. The Government Defendant shall file the report and proposed schedule, along with a proposed order not later than 8/1/17. The Clerk of the Court shall mail a copy of this order using a typewritten envelope to: TODD W. ALTSCHUL, R# 586467, TDCJ COFFIELD UNIT, 2661 FM 2054, Tennessee Colony, TX 75884 Signed by Judge Tanya S. Chutkan on 7/18/17. (DJS) (Entered: 07/18/2017)
2017-08-0116PROPOSED BRIEFING SCHEDULE by FEDERAL BUREAU OF PRISONS, U.S. DEPARTMENT OF JUSTICE. (Sroka, Scott) (Entered: 08/01/2017)
2017-08-07VACATED PURSUANT TO MINUTE ORDER FILED 08/31/17.....MINUTE ORDER: On consideration of Defendant's Status Report to the Court and Request for Briefing Schedule 16 , it is hereby ORDERED that Defendant shall file its motion for summary judgment by September 5, 2017; Plaintiff shall file his opposition and cross-motion by October 5, 2017; Defendant shall file its reply and opposition by October 25, 2017; Plaintiff shall file his reply by November 10, 2017. Signed by Judge Tanya S. Chutkan on 8/7/17. (ms) Modified on 8/31/2017 (jth). (Entered: 08/07/2017)
2017-08-07Set/Reset Deadlines: Summary Judgment motion due by 9/5/2017. Cross Motion and Response due by 10/5/2017. Reply and Response to Cross Motion due by 10/25/2017. Reply to Cross Motion due by 11/10/2017. (tb) (Entered: 08/07/2017)
2017-08-0717LEAVE TO FILE DENIED- Plaintiff's Memorandum of Points and Authorities in Oppositon to Defendant's Motion for Summary Judgment "Leave to file Denied. Defendant has yet to file a Motion for Summary Judgment." This document is unavailable as the Court denied its filing. (td) (Entered: 08/07/2017)
2017-08-1418MOTION to Amend/Correct 1 Complaint by TODD W. ALTSCHUL (td) (Entered: 08/16/2017)
2017-08-3019MOTION for Extension of Time to File Response/Reply as to 18 MOTION to Amend/Correct 1 Complaint by FEDERAL BUREAU OF PRISONS, U.S. DEPARTMENT OF JUSTICE (Sroka, Scott) (Entered: 08/30/2017)
2017-08-3020MOTION to Stay re Order, by FEDERAL BUREAU OF PRISONS, U.S. DEPARTMENT OF JUSTICE (Sroka, Scott) (Entered: 08/30/2017)
2017-08-31MINUTE ORDER: Defendants' motion for an extension of time 19 is GRANTED, and the response to 18 Plaintiff's motion to amend his Complaint is due by October 6, 2017. Defendants' motion to stay 20 is DENIED, and the Court VACATES the August 7, 2017 minute order. The Court will set a schedule for further proceedings in this case after issuing its ruling on Plaintiff's motion. Signed by Judge Tanya S. Chutkan on 8/30/17. (ms) (Entered: 08/31/2017)
2017-09-0121SUPPLEMENTAL MEMORANDUM to re 18 MOTION to Amend/Correct 1 Complaint filed by TODD W. ALTSCHUL. (td) (Entered: 09/05/2017)
2017-10-0622MOTION for Extension of Time to File Response/Reply as to 18 MOTION to Amend/Correct 1 Complaint by FEDERAL BUREAU OF PRISONS, U.S. DEPARTMENT OF JUSTICE (Sroka, Scott) (Entered: 10/06/2017)
2017-10-30MINUTE ORDER: Defendants' unopposed 22 Motion for Extension of Time is GRANTED. Defendants shall file their respnse to Plaintiff's Motion to Amend Complaint 18 is hereby extended to November 6, 2017. Signed by Judge Tanya S. Chutkan on 10/30/17. (ms) (Entered: 10/30/2017)
2017-11-0623RESPONSE re 18 MOTION to Amend/Correct 1 Complaint filed by FEDERAL BUREAU OF PRISONS, U.S. DEPARTMENT OF JUSTICE. (Sroka, Scott) (Entered: 11/06/2017)
2017-11-2024REPLY to opposition to motion re 18 MOTION to Amend/Correct 1 Complaint filed by TODD W. ALTSCHUL. (td) (Entered: 11/27/2017)
2017-11-2725ORDER granting 18 plaintiff's unopposed Motion for Leave to Amend Complaint. Defendants shall file their dispositive motion addressing FBOP FOIA/PA Nos. 2016-05669 and 2017-05498 by January 5, 2018; Plaintiff shall file his opposition or other response to defendants motion by February 5, 2018; defendants shall file their reply by February 26, 2018. Signed by Judge Tanya S. Chutkan on 11/27/17. (ms) (Entered: 11/27/2017)
2017-11-2726AMENDED COMPLAINT against FEDERAL BUREAU OF PRISONS, U.S. DEPARTMENT OF JUSTICE filed by TODD W. ALTSCHUL. (See Docket Entry 18 to view document). (znmw) (Entered: 11/28/2017)
2017-11-28Set/Reset Deadlines: Dispositive Motion due by 1/5/2018. Response to Dispositive Motion due by 2/5/2018. Reply to Dispositive Motion due by 2/26/2018. (tb) (Entered: 11/28/2017)
2018-01-0527MOTION for Extension of Time to File Answer re 26 Amended Complaint by FEDERAL BUREAU OF PRISONS, U.S. DEPARTMENT OF JUSTICE (Sroka, Scott) (Entered: 01/05/2018)
2018-01-17MINUTE ORDER: Defendants' motion for an extension of time 27 is GRANTED. Defendants shall file their dispositive motion by February 5, 2018; Plaintiff shall file his opposition or other response to Defendants' motion by March 5, 2018; Defendants shall file their reply by March 26, 2018. Signed by Judge Tanya S. Chutkan on 1/17/18. (ms) (Entered: 01/17/2018)
2018-01-22Set/Reset Deadlines:, Set/Reset Deadlines/Hearings: Dispositive Motion due by 2/5/2018. Response to Dispositive Motion due by 3/5/2018. Reply to Dispositive Motion due by 3/26/2018. (tb) (Entered: 01/22/2018)
2018-02-0528MOTION for Extension of Time to File Answer to Amended Complaint by FEDERAL BUREAU OF PRISONS, U.S. DEPARTMENT OF JUSTICE (Sroka, Scott) (Entered: 02/05/2018)
2018-02-09MINUTE ORDER: Defendants' 28 Motion for Extension of Time to Answer or otherwise respond to the 26 Amended Complaint is GRANTED. Defendants shall file their dispositive motion by March 5, 2018; Plaintiff shall file his opposition or other response to Defendants' motion by April 5, 2018; Defendants shall file their reply by April 26, 2018. Signed by Judge Tanya S. Chutkan on 2/9/18. (ms) (Entered: 02/09/2018)
2018-02-09Set/Reset Deadlines: Dispositive Motion due by 3/5/2018. Response to Dispositive Motion due by 4/5/2018. Reply to Dispositive Motion due by 4/26/2018. (tb) (Entered: 02/09/2018)
2018-02-2029Memorandum in opposition to re 28 MOTION for Extension of Time to File Answer to Amended Complaint filed by TODD W. ALTSCHUL. (td) (Entered: 02/26/2018)
2018-03-0530MOTION for Extension of Time to File Answer by FEDERAL BUREAU OF PRISONS, U.S. DEPARTMENT OF JUSTICE (Sroka, Scott) (Entered: 03/05/2018)
2018-03-06MINUTE ORDER: Granting 30 Motion for Extension of Time to Answer. Defendants shall answer or otherwise respond to the complaint by March 26, 2018. The court will view with disfavor further requests by Defendants for extensions. The Clerk of the Court shall mail a copy of this order to: TODD W. ALTSCHUL, R# 586467, TDCJ COFFIELD UNIT, 2661 FM 2054, Tennessee Colony, TX 75884. Signed by Judge Tanya S. Chutkan on 3/6/8. (DJS) (Entered: 03/06/2018)
2018-03-07Set/Reset Deadlines: Answer due by 3/26/2018. (tb) (Entered: 03/07/2018)
2018-03-2631MOTION for Extension of Time to File Answer re 26 Amended Complaint by FEDERAL BUREAU OF PRISONS, U.S. DEPARTMENT OF JUSTICE (Sroka, Scott) (Entered: 03/26/2018)
2018-03-2732ANSWER to 26 Amended Complaint, 1 Complaint , ANSWER to 26 Amended Complaint, 1 Complaint by FEDERAL BUREAU OF PRISONS, U.S. DEPARTMENT OF JUSTICE.(Sroka, Scott) (Entered: 03/27/2018)
2018-03-28MINUTE ORDER: Defendants' 31 Motion for Extension of Time to Answer the 26 Amended Complaint is hereby GRANTED nunc pro tunc. Signed by Judge Tanya S. Chutkan on 3/28/18. (ms) (Entered: 03/28/2018)
2018-03-28MINUTE ORDER: Before the Court in this FOIA case are an amended complaint filed by an incarcerated pro se plaintiff and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. It is hereby ORDERED that the Government Defendants shall file a status report and proposed schedule that includes: the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a Vaughn index will be required in this case, any other pertinent issues and a proposed schedule for filing dispositive motions. The Government Defendants shall file the report and proposed schedule, along with a proposed order not later than April 20, 2018. The Clerk of the Court shall mail a copy of this order to: TODD W. ALTSCHUL, R# 586467, TDCJ COFFIELD UNIT, 2661 FM 2054, Tennessee Colony, TX 75884.. Signed by Judge Tanya S. Chutkan on 3/28/18. (ms) (Entered: 03/28/2018)
2018-03-28Set/Reset Deadlines: Report and proposed schedule, along with a proposed order due by 4/20/2018. (znbn) (Entered: 03/29/2018)
2018-04-0933MOTION for Vaughn Index by TODD W. ALTSCHUL (td) (Entered: 04/12/2018)
2018-04-1034RESPONSE (Memorandum in Opposition) re 32 Answer to Amended Complaint, Answer to Complaint filed by TODD W. ALTSCHUL. (td) (Entered: 04/12/2018)
2018-04-2035MOTION for Extension of Time to File Status Report by FEDERAL BUREAU OF PRISONS, U.S. DEPARTMENT OF JUSTICE (Sroka, Scott) (Entered: 04/20/2018)
2018-04-24MINUTE ORDER: Defendants' 35 Motion for Extension of Time is hereby GRANTED, and their status report and proposed schedule is due by May 4, 2018. Signed by Judge Tanya S. Chutkan on 4/24/18. (ms) (Entered: 04/24/2018)
2018-04-29Set/Reset Deadlines: Defendants' Status Report and Proposed Schedule is due by 5/4/2018. (jth) (Entered: 04/29/2018)
2018-05-0436MOTION for Extension of Time to File Status Report by FEDERAL BUREAU OF PRISONS, U.S. DEPARTMENT OF JUSTICE (Sroka, Scott) (Entered: 05/04/2018)
2018-05-1137STATUS REPORT and Request for Briefing Schedule by FEDERAL BUREAU OF PRISONS, U.S. DEPARTMENT OF JUSTICE. (Sroka, Scott) (Entered: 05/11/2018)
2018-05-11MINUTE ORDER: It is hereby ORDERED that 33 Plaintiff's Motion for Defendants to Produce Vaughn Index is DENIED WITHOUT PREJUDICE. It is further ORDERED that 36 defendants' Motion for Extension of Time to File Status Report is GRANTED. It is further ORDERED that defendants shall file a motion for summary judgment by June 11, 2018; plaintiff shall file his opposition and cross-motion by July 11, 2018; defendants shall file their reply and opposition to plaintiff's cross-motion by August 1, 2018; plaintiff shall file his cross-reply by August 22, 2018. Signed by Judge Tanya S. Chutkan on 5/11/18. (ms) (Entered: 05/11/2018)
2018-05-11Set/Reset Deadlines: Summary Judgment motion due by 6/11/2018. Response and Cross Motion due by 7/11/2018. Reply and Response to Cross Motion due by 8/1/2018. Reply to Cross Motion due by 8/22/2018. (tb) (Entered: 05/11/2018)
2018-05-1138MOTION for Briefing Schedule by FEDERAL BUREAU OF PRISONS, U.S. DEPARTMENT OF JUSTICE. (See Docket Entry 37 to view document). (znmw) (Entered: 05/18/2018)
2018-06-1139MOTION to Modify Briefing Schedule by FEDERAL BUREAU OF PRISONS, U.S. DEPARTMENT OF JUSTICE (Sroka, Scott) Modified event title on 6/13/2018 (znmw). (Entered: 06/11/2018)
2018-06-1840MOTION for Summary Judgment and Supporting Memorandum by FEDERAL BUREAU OF PRISONS, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts, # 2 Declaration First Declaration of Violet Mack, # 3 Declaration Second Declaration of Violet Mack)(Sroka, Scott) (Entered: 06/18/2018)
2018-06-19MINUTE ORDER: It is hereby ORDERED that Defendants' Motion to Modify Briefing Schedule 39 is GRANTED. Defendants' motion for summary judgment is due by June 18, 2018; plaintiff's opposition and cross-motion are due by July 18, 2018; defendants' reply and opposition to plaintiff's cross-motion are due by August 1, 2018; plaintiff's reply is due by August 22, 2018. Signed by Judge Tanya S. Chutkan on 6/19/18. (ms) (Entered: 06/19/2018)
2018-06-1941Order advising plaintiff to respond by 7/18/2018 to 40 Defendants' MOTION for Summary Judgment. Signed by Judge Tanya S. Chutkan on 6/19/18. (ms) (Entered: 06/19/2018)
2018-06-19Set/Reset Deadlines: Judgment motion due by 6/18/2018. Response and Cross Motion due by 7/18/2018. Reply and Response to Cross Motion due by 8/1/2018. Reply to Cross Motion due by 8/22/2018. (tb) (Entered: 06/19/2018)
2018-07-0242Memorandum in opposition to re 40 MOTION for Summary Judgment and Supporting Memorandum filed by TODD W. ALTSCHUL. (ztd) (Entered: 07/09/2018)
2018-08-0143MOTION for Extension of Time to File Response/Reply to Plaintiff's Opposition to Defendants' Motion for Summary Judgment by FEDERAL BUREAU OF PRISONS, U.S. DEPARTMENT OF JUSTICE (Sroka, Scott) (Entered: 08/01/2018)
2018-08-2244MOTION for Extension of Time to File Response/Reply by FEDERAL BUREAU OF PRISONS, U.S. DEPARTMENT OF JUSTICE (Sroka, Scott) (Entered: 08/22/2018)
2018-08-2345MOTION to Voluntary Dismiss Complaint by TODD W. ALTSCHUL. (tth) (Entered: 08/24/2018)
2018-08-24MINUTE ORDER: It is hereby ORDERED that Plaintiff's Motion to Voluntarily Dismiss Complaint 45 is GRANTED. It is further ORDERED that the complaint, as amended, and this civil action are DISMISSED WITHOUT PREJUDICE. Defendants' Motion for Summary Judgment 40 and motions for extensions of time 43 44 are DENIED WITHOUT PREJUDICE as moot. Signed by Judge Tanya S. Chutkan on 8/24/18. (ms) (Entered: 08/24/2018)
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