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Case TitleKuzma v. U.S. Department of Justice
DistrictWestern District of New York
CityBuffalo
Case Number1:2016cv00347
Date Filed2016-05-04
Date ClosedOpen
JudgeHon. Richard J. Arcara
PlaintiffMichael Kuzma
Case DescriptionMichael Kuzma submitted a FOIA request to the FBI for records concerning Terrence Moon, an FBI informant and former D.C. police officer who was involved in the shooting of four students at Kent State University in 1970. The agency denied the request and Kuzma filed an administrative appeal. The agency's decision as upheld on appeal and Kuzma filed suit.
Complaint issues: Adequacy - Search, Litigation - Attorney's fees, Litigation - Vaughn index

DefendantU.S. Department of Justice
Documents
Docket
Complaint
Opinion/Order [34]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-05-041COMPLAINT against U.S. Department of Justice, filed by Michael Kuzma. $400.00 Receipt #50326(SG) (Entered: 05/05/2016)
2016-05-04Summons Issued as to U.S. Department of Justice, U.S. Attorney and U.S. Attorney General (SG) (Entered: 05/05/2016)
2016-05-05AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution(SG) (Entered: 05/05/2016)
2016-06-042AFFIDAVIT of Service for Summons and Complaint served on United States Attorney on 05/04/2016, filed by Michael Kuzma. (Irwin, Daire) (Entered: 06/04/2016)
2016-06-153ANSWER to 1 Complaint by U.S. Department of Justice.(Cerrone, Michael) (Entered: 06/15/2016)
2016-06-16ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution(SG) (Entered: 06/16/2016)
2016-06-174TEXT ORDER: Pursuant to Federal Rule of Civil Procedure 26(f), the parties shall confer for the purposes set forth in Rule 26(f)(2) and to propose a Case Management Order that will establish outside cut-off dates for the further progress of this case, including: (1) motions to amend the pleadings or add parties; (2) to the extent required in this case, commencement and completion of all fact discovery; (3) to the extent required in this case, completion of all expert discovery, including strict compliance with Fed. R. Civ. P. 26(a)(2) regarding the identification and filing reports of testifying experts; (3) motions to compel; and (4) a proposed briefing schedule for any dispositive motions. Because this matter appears to be exempt from Rule 26(a)'s initial disclosure requirements (see Rule 26(a)(1)(B)(i)), the parties' proposed Case Management Order need not establish outside cut-off dates for Rule 26(a) disclosures. Further, because this case largely involves judicial review of administrative action, the Court, pursuant to Section 2.2(D) of the Court's ADR Plan, sua sponte exempts this case from automatic referral to the Court's ADR program. Thus, the parties need not address issues related to ADR in their Rule 26(f) report. The parties shall file their Rule 26(f) report on or before July 17, 2016. Any failure by a party or the party's attorney to participate in good faith in the development and submission of a proposed discovery plan required by Rule 26(f) or this Text Order may result in the award of expenses and attorney's fees to the other party caused by such failure. See Fed. R. Civ. P. 37(g). SO ORDERED. Issued by the Hon. Richard J. Arcara on June 17, 2016 (CMK) (Entered: 06/17/2016)
2016-07-165First MOTION for Disclosure Vaughn Index by Michael Kuzma. (Attachments: # 1 Memorandum in Support)(Irwin, Daire) (Entered: 07/16/2016)
2016-07-236First MOTION to Opt Out of ADR by Michael Kuzma.(Irwin, Daire) (Entered: 07/23/2016)
2016-07-257TEXT ORDER: The Defendant's motion 6 to opt out of ADR is denied as moot given that the Court's prior scheduling order 4 sua sponte exempted this case from the Court's ADR program. The parties have not yet complied with the Court's prior order 4 directing them to file a Rule 26(f) report on or before July 17, 2016. The parties shall file a Rule 26(f) report, as directed in the Court's prior order, on or before August 3, 2016. In addition to the scheduling matters addressed in the Court's prior order, the parties shall propose dates for responding to the Plaintiff's motion for a Vaughn index. To the extent the parties are unable, after good faith discussions, to agree on proposed dates as directed in the Court's prior order, the parties' Rule 26(f) report shall indicate the scheduling items on which the parties cannot reach agreement, and each party's proposed date. SO ORDERED. Issued by the Hon. Richard J. Arcara on July 25, 2016 (CMK). (Entered: 07/25/2016)
2016-08-038DISCOVERY PLAN by U.S. Department of Justice.(Cerrone, Michael) (Entered: 08/03/2016)
2016-08-089SCHEDULING/CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Discovery completed by 8/31/2016. Motions to Join Parties/Amend Pleadings due by 8/31/2016. Dispositive Motions due by 2/15/2017. Responses due by 3/31/2017. Replies due by 4/15/2017.. Signed by Hon. Richard J. Arcara on 8/5/16. (SG) (Entered: 08/10/2016)
2017-02-1510MOTION for Summary Judgment and dismissing plaintiff's complaint by U.S. Department of Justice.(Cerrone, Michael) (Entered: 02/15/2017)
2017-02-1511DECLARATION signed by David M. Hardy re 10 MOTION for Summary Judgment and dismissing plaintiff's complaint filed by U.S. Department of Justice . (Cerrone, Michael) (Entered: 02/15/2017)
2017-02-1512STATEMENT OF FACTS by U.S. Department of Justice Related document: 10 Motion for Summary Judgment. (Cerrone, Michael) (Entered: 02/15/2017)
2017-02-1513MEMORANDUM IN SUPPORT re 10 MOTION for Summary Judgment and dismissing plaintiff's complaint byU.S. Department of Justice. (Cerrone, Michael) (Entered: 02/15/2017)
2017-03-3014First MOTION for Summary Judgment by Michael Kuzma. (Attachments: # 1 Statement of Undisputed Facts, # 2 Memorandum in Support, # 3 Affidavit Thomas M. Grace, # 4 Affidavit Laurel Jo Krause, # 5 Affidavit Brian Weidling, # 6 Affidavit Michael Kuzma, # 7 Exhibit Declaration of Michael Kuzma)(Irwin, Daire) (Entered: 03/30/2017)
2017-04-1415REPLY/RESPONSE to re 14 First MOTION for Summary Judgment , 10 MOTION for Summary Judgment and dismissing plaintiff's complaint filed by U.S. Department of Justice. (Cerrone, Michael) (Entered: 04/14/2017)
2017-04-1416DECLARATION signed by David M. Hardy re 14 First MOTION for Summary Judgment , 10 MOTION for Summary Judgment and dismissing plaintiff's complaint filed by U.S. Department of Justice . (Cerrone, Michael) (Entered: 04/14/2017)
2019-06-2117TEXT ORDER REFERRING CASE to Magistrate Judge Hon. Jeremiah J. McCarthy. The Magistrate Judge is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. Section 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. Section 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. Section 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Hon. Richard J. Arcara on 6/21/2019. (LAS) (Entered: 06/21/2019)
2019-06-2418TEXT ORDER: A status conference is scheduled for July 9, 2019 at 3:00 p.m. Counsel may appear in person or participate by telephone in the conference. For those electing to participate by telephone, the court has arranged a dial-in teleconference. To access the teleconference, the parties shall dial (703) 724-3100, enter access code 4100030#, and then pin 9999# sufficiently in advance of the conference. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 6/24/19. (DAZ) (Entered: 06/24/2019)
2019-06-2419TEXT ORDER : At defendant's request and with plaintiff's consent, the July 9, 2019 status conference is rescheduled for July 18, 2019 at 02:00 PM before Hon. Jeremiah J. McCarthy. Counsel may appear in person or participate by telephone in the conference. For those electing to participate by telephone, the court has arranged a dial-in teleconference. To access the teleconference, the parties shall dial (703) 724-3100, enter access code 4100030#, and then pin 9999# sufficiently in advance of the conference. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 6/24/19. (DAZ) (Entered: 06/24/2019)
2019-07-1820Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 7/18/2019. Discussed history of cases and pending motions. Court sets another status conference for September 18, 2019 at 2:00 PM. APPEARANCES: Daire Brian Irwin for plaintiff; Plaintiff Michael Kuzma; Michael Cerrone for defendant. (FTR GOLD) Associated Cases: 1:16-cv-00347-RJA-JJM, 1:19-cv-00597-RJA-JJM(DAZ) (Entered: 07/18/2019)
2019-08-01CALENDAR EVENT : Status Conference set for 9/18/2019 at 02:00 PM before Hon. Jeremiah J. McCarthy. (DAZ) (Entered: 08/01/2019)
2019-09-1821Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 9/18/2019. Case No. 16-CV-347 is fully briefed. Parties continue to communicate and try to narrow the issues. Court sets a further conference for October 31, 2019 at 11:00 AM. APPEARANCES: Daire Brian Irwin with plaintiff Michael Kuzma; Michael Cerrone for defendant. (FTR GOLD) Associated Cases: 1:16-cv-00347-RJA-JJM, 1:19-cv-00597-RJA-JJM(DAZ) (Entered: 09/18/2019)
2019-11-0522REPORT AND RECOMMENDATION re 14 First MOTION for Summary Judgment filed by Michael Kuzma; 10 MOTION for Summary Judgment and dismissing plaintiff's complaint filed by U.S. Department of Justice. Objections to R&R due by 11/19/2019. Signed by Hon. Jeremiah J. McCarthy on 11/5/19. (DAZ) (Entered: 11/05/2019)
2019-11-1923OBJECTION to 22 Report and Recommendations by Michael Kuzma. (Irwin, Daire) (Entered: 11/19/2019)
2019-11-2024TEXT ORDER: Plaintiff has filed 23 objections to Magistrate Judge Jeremiah J. McCarthy's 22 Report and Recommendation. Response papers are due on December 4, 2019. Reply is due on December 18, 2019. SO ORDERED. Issued by Hon. Richard J. Arcara on 11/20/2019. (LAS) (Entered: 11/20/2019)
2019-12-0325MEMORANDUM IN OPPOSITION to 23 Objection to Report and Recommendation (Cerrone, Michael) Modified title and document links on 12/4/2019 (SG). (Entered: 12/03/2019)
2019-12-04E-Filing Notification: 25 MEMORANDUM IN OPPOSITION to 23 Objection to Report and Recommendation (Cerrone, Michael) Modified title and document links on 12/4/2019 (SG). (SG) (Entered: 12/04/2019)
2022-01-1026TEXT ORDER: Oral Argument on Plaintiff's objection 23 to Magistrate Judge Jeremiah J. McCarthy's Report and Recommendation 22 is hereby scheduled for 4/27/2022 at 11:00 AM. The proceeding will be held remotely via Zoom for Government. Public audio access to the proceeding may be obtained by viewing Judge Arcara's calendar on the public website at www.nywd.uscourts.gov or contacting Judge Arcara's chambers at 716-551-1810. SO ORDERED. Issued by Hon. Richard J. Arcara on 1/10/2022. (BK) (Entered: 01/10/2022)
2022-04-2527MOTION to Adjourn Oral argument scheduled for April 27, 2022 by U.S. Department of Justice. (Attachments: # 1 Declaration)(Cerrone, Michael) (Entered: 04/25/2022)
2022-04-2528TEXT ORDER: Pending before the Court are the Plaintiff's objections to the Report & Recommendation of Magistrate Judge Jeremiah McCarthy 22 . Defendant filed an unopposed motion to adjourn this oral argument 27 . The motion is GRANTED. Oral argument is adjourned to 6/13/2022 at 10:00 AM before Hon. Richard J. Arcara and will be held in person, in the courtroom. SO ORDERED. Issued by Hon. Richard J. Arcara on 4/25/2022. (MNS) (Entered: 04/25/2022)
2022-05-0429TEXT ORDER: Defendant is directed to file a memorandum of law addressing the bases for its belief that the CRS is the only collection of files likely to contain responsive documents and explaining why the various electronic drives identified by Plaintiff have not been searched. Additionally, Defendant's memorandum shall elaborate on its efforts to ascertain the life status of individuals whose privacy interests are allegedly implicated in Plaintiff's request, including any supplemental efforts that Defendant has undertaken in this regard. Defendant's memorandum shall be filed on or before 5/25/2022 and Plaintiff may respond on or before 6/3/2022. SO ORDERED. Issued by Hon. Richard J. Arcara on 5/4/2022. (MNS) (Entered: 05/04/2022)
2022-05-1030MOTION for Extension of Time to File Supplemental Briefing from May 25, 2022 to July 22, 2022 , MOTION to Adjourn Oral Argument from June 13, 2022 to August 16, 2022 by U.S. Department of Justice.(Cerrone, Michael) (Entered: 05/10/2022)
2022-05-1131TEXT ORDER: Defendant has filed a 30 motion for an extension of time and a motion for an adjournment of the 6/13/2022 oral argument. Both motions are granted. Defendant shall file the supplemental briefing as directed in the Court's 5/4/2022 text order no later than 7/22/2022. The oral argument that is currently scheduled for 6/13/2022 is rescheduled for 8/17/2022 at 10:00 AM before Hon. Richard J. Arcara. SO ORDERED. Issued by Hon. Richard J. Arcara on 5/11/2022. (LAS) (Entered: 05/11/2022)
2022-07-2232DECLARATION signed by Michael G. Seidel re 31 Text Order,, Set Hearings,, Terminate Motions, filed by U.S. Department of Justice (Supplemental Declaration) . (Cerrone, Michael) (Entered: 07/22/2022)
2022-08-1733Minute Entry for proceedings held on 8/17/2022 before Hon. Richard J. Arcara. Oral argument is held on 23 Plaintiff's objections to 22 Report and Recommendation. Arguments are heard. Decision is reserved. The Court will issue an order. Appearances: Plaintiff by Daire Brian Irwin, Esq., Defendant by Michael S. Cerrone, AUSA. (Court Reporter Megan Pelka.) (BK) (Entered: 08/19/2022)
2022-09-1934DECISION AND ORDER: For the reasons set forth herein, Defendant's 10 motion for summary judgment is granted. Plaintiff's 14 cross motion for summary judgment is granted with respect to attorney's fees but is otherwise denied. This matter is recommitted to Magistrate Judge Jeremiah J. McCarthy for further proceedings consistent with the Decision and Order. SO ORDERED. Signed by Hon. Richard J. Arcara on 9/19/2022. (LAS) (Entered: 09/19/2022)
2022-09-2035TEXT ORDER: By October 5, 2022 plaintiff shall file his submissions in support of the attorney's fees and costs incurred in connection with this action, including contemporaneous time records. Defendant's response shall be filed by October 19, 2022, and this issue will be taken under advisement without oral argument unless deemed necessary by the court. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 9/20/22. (MDY) (Entered: 09/20/2022)
2022-09-3036Letter MOTION filed by U.S. Department of Justice as to U.S. Department of Justice . (Cerrone, Michael) Converted to motion on 9/30/2022 (EG). (Entered: 09/30/2022)
2022-09-3037TEXT ORDER: The government's unopposed letter motion 36 to extend plaintiff's deadline to file attorney's fee submission is granted. By November 4, 2022 plaintiff shall file his submissions in support of the attorney's fees and costs incurred in connection with this action, including contemporaneous time records. Defendant's response shall be filed by November 18, 2022, and this issue will be taken under advisement without oral argument unless deemed necessary by the court. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 9/30/2022. (EG) (Entered: 09/30/2022)
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