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Case TitleKOWAL v. UNITED STATES DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv02798
Date Filed2018-11-30
Date Closed2021-09-30
JudgeJudge Timothy J. Kelly
PlaintiffBARBARA KOWAL
Case DescriptionBarbara Kowal, a paralegal in the Federal Public Defender's Office for the Middle District of Florida, submitted FOIA requests to the Department of Justice and various components for records concerning the conviction of Daniel Troya, who had been represented by the Federal Public Defender's Office for the Middle District of Florida. The agencies acknowledged receipt of the request. The FBI located 416 pages, releasing 134 pages in full and withholding 141 pages entirely under Exemption 7 (law enforcement records). The Bureau of Alcohol, Tobacco, and Firearms also disclosed records, withholding some under Exemption 7 as well. Kowal filed an administrative appeal of the FBI's decision, which was denied. She also inquired as to whether ATF's disclosure was a final appealable decision. After hearing nothing further from the agencies, Kowal filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF JUSTICE
DefendantBUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES
DefendantBUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES
TERMINATED: 09/24/2020
DefendantFEDERAL BUREAU OF INVESTIGATION
935 Pennsylvania Ave., NW
Washington, DC 20535
DefendantFEDERAL BUREAU OF INVESTIGATION
DefendantDRUG ENFORCEMENT AGENCY
Documents
Docket
Complaint
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Opinion/Order [29]
FOIA Project Annotation: Judge Timothy Kelly has ruled that the FBI and the Bureau of Alcohol, Tobacco and Firearms conducted an adequate search for records and that while the ATF properly withheld records under a number of exemptions in response to a request from Barbara Kowal, a paralegal at the Federal Defender for the Middle District Florida, which was representing convicted murderer Daniel Troya in his post-conviction hearings, the FBI has so far failed to justify its exemption claims. The FBI disclosed 134 pages in full and withheld 141 pages in full. It also referred 83 pages to the DEA. ATF located 467 responsive pages, releasing 61 pages in full and 212 pages in part, and withheld 194 pages entirely. Kowal challenged the adequacy of the searches conducted by both agencies, arguing that the FBI failed to search its ECF database as well as its CRS database. Kelly noted that "Troya, it should be noted, is not someone alleged to have a tenuous or passing connection to an FBI investigation; in fact, he was the subject of a federal criminal prosecution. Thus, a search of the CRS could reasonably be expected to produce the requested records pertaining to Troya, and the FBI's search constitutes a good-faith effort to locate the information requested by Kowal." Kowal also faulted the agency for using too few search terms. Kelly observed that "but the FBI need not use every search term and variation imaginable to Kowal; it need only conduct a search 'reasonably calculated to uncover all relevant documents.' The terms used by the FBI here meet that test. Kowal's wish for the FBI to have used more search terms does not make the search itself inadequate, and she has no right to dictate the FBI's scope of its search." Kowal contended that the ATF should have used the search term "Homer," an alias for Troya. However, Kelly pointed out that "the absence of 'Homer' as a search term does not undermine the reasonableness of the ATF's search, particularly when considering that the ATF was able to quickly locate its investigative file on Troya and retrieved the file with 'agents knowledgeable of the case.'" Kowal also complained that the ATF did not locate many relevant records that she had obtained from other sources. Kelly pointed out that "as for the absence of items allegedly in Kowal's possession, she has not explained why, just because she has them, the ATF must also have them such that it could produce them in response to a FOIA request." Kelly found the FBI's Vaughn index insufficient to justify its exemption claims but approved of ATF's Exemption 7(C) (invasion of privacy concerning law enforcement records).
Issues: Adequacy - Search
Opinion/Order [49]
FOIA Project Annotation: Judge Timothy Kelly has resolved FOIA litigation brought by paralegal Barbara Kowal at the Middle District of Florida for records concerning the conviction of Daniel Troya, who was being represented by the Federal Defender in post-conviction hearings. Kowal asked for records from the FBI, the DEA, and the Bureau of Alcohol, Tobacco and Firearms. Kelly originally rejected the FBI's Vaughn index and ordered the agency to supplement the index. This time, Kelly found the FBI's supplemented Vaughn index sufficient to justify its exemption claims. The FBI withheld wiretap records under Title III, citing Exemption 3 (other statutes). Kowal argued the agency had waived the exemption because the records had been disclosed during Troya's trial. Kelly disagreed, noting that "but Kowal's argument misses a critical point " the Vaughn index makes clear that the records at issue are part of a 'narrative summary' document, not a transcript or tapes of a wiretap. Even assuming the wiretaps referenced in the narrative summary were played at trial, Kowal has not shown that the document at issue is part of the public domain." Kelly also sided with the agency on Exemption 7(C) (invasion of privacy concerning law enforcement records). He rejected Kowal's claim that the public interest in disclosure outweighs any privacy interests. He pointed out that "in part, this argument presumes that these individuals' identities were revealed at trial. While perhaps some of them were, Kowal does not meet her burden to show that the identical documents and information that FBI seeks to withhold were made public then." Kowal also complained that the agency had not shown that assurances of confidentiality were promised for purposes of Exemption 7(D) (confidential sources). Kelly noted that "an assurance of confidentiality can still be implied based on the nature of the criminal investigation and the informant's relationship to the target. This is one of those situations."
Issues: Exemption 7(C) - Invasion of privacy concerning law enforcement records, Exemption 7(D) - Confidential sources
Opinion/Order [55]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-11-301COMPLAINT for Injunctive and Declaratory Relief against All Defendants (Fee Status:Filing Fee Waived) filed by BARBARA KOWAL. (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 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Civil Cover Sheet, # 22 Summons ATF, # 23 Summons DEA, # 24 Summons DOJ, # 25 Summons FBI)(Doss, Donald) (Entered: 11/30/2018)
2018-11-302NOTICE OF RELATED CASE by BARBARA KOWAL. Case related to Case No. 18-938. (Doss, Donald) (Entered: 11/30/2018)
2018-11-303MOTION for Waiver of Filing Fee by BARBARA KOWAL (Doss, Donald) (Entered: 11/30/2018)
2018-12-064ERRATA by BARBARA KOWAL. (Attachments: # 1 Supplement Complaint)(Doss, Donald) (Entered: 12/06/2018)
2018-12-06Case Assigned to Judge Timothy J. Kelly. (zsb) (Entered: 12/06/2018)
2018-12-065SUMMONS (4) Issued Electronically as to BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DRUG ENFORCEMENT AGENCY, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Attachment: # 1 Notice and Consent)(zsb) (Entered: 12/06/2018)
2018-12-11MINUTE ORDER granting Plaintiff's 3 Motion to Waive Filing Fee. It is hereby ORDERED that Plaintiff's motion is GRANTED. The Clerk of Court is directed to waive the filing fee in this action, and the U.S. Marshals Service is directed to effect service on Defendants on Plaintiff's behalf. Signed by Judge Timothy J. Kelly on 12/11/2018. (lctjk2) (Entered: 12/11/2018)
2018-12-115SUMMONS (6) Issued as to BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DRUG ENFORCEMENT AGENCY, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (zsb) (Entered: 12/12/2018)
2019-01-086RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 1/3/2019. (tth) (Entered: 01/15/2019)
2019-01-287NOTICE of Appearance by Scott Leeson Sroka on behalf of All Defendants (Sroka, Scott) (Entered: 01/28/2019)
2019-02-078Consent MOTION for Extension of Time to File Answer by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DRUG ENFORCEMENT AGENCY, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE (Sroka, Scott) (Entered: 02/07/2019)
2019-02-07MINUTE ORDER granting Defendants' 8 Consent Motion for Extension of Time. It is hereby ORDERED that Defendants' motion is GRANTED. Defendants shall answer or otherwise respond to Plaintiff's 1 Complaint by April 8, 2019. Signed by Judge Timothy J. Kelly on 2/7/2019. (lctjk2) (Entered: 02/07/2019)
2019-02-229RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES served on 2/7/2019; FEDERAL BUREAU OF INVESTIGATION served on 2/7/2019. (tth) (Entered: 02/27/2019)
2019-04-0810ANSWER to Complaint by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DRUG ENFORCEMENT AGENCY, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE.(Sroka, Scott) (Entered: 04/08/2019)
2019-04-09MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall meet, confer, and file a joint proposed schedule for briefing or disclosure by May 6, 2019. Signed by Judge Timothy J. Kelly on 4/9/2019. (lctjk2) (Entered: 04/09/2019)
2019-04-09Set/Reset Deadlines: Joint Proposed Briefing Schedule or Disclosure due by 5/6/2019. (kh) (Entered: 04/09/2019)
2019-05-0611PROPOSED BRIEFING SCHEDULE by BARBARA KOWAL. (Doss, Donald) (Entered: 05/06/2019)
2019-05-0612STATUS REPORT by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DRUG ENFORCEMENT AGENCY, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Sroka, Scott) (Entered: 05/06/2019)
2019-05-07MINUTE ORDER: In light of the parties' separate status reports, it is hereby ORDERED that the parties shall meet and confer and, after discussing their respective positions as to how best to move forward, file a joint status report in which they propose a mutually agreed-upon schedule for further proceedings or, if agreement cannot be reached, their respective proposals, no later than May 20, 2019. The Court is particularly troubled by Plaintiff's counsel's representation that counsel for Defendants failed to respond to multiple attempts to contact him. Accordingly, Defendants' counsel shall specifically address in that status report why he neglected to respond to Plaintiff's counsel and was otherwise unable to comply with the Court's order and confer with Plaintiff's counsel during the nearly four weeks the Court afforded the parties to do so. Signed by Judge Timothy J. Kelly on 5/7/2019. (lctjk2) (Entered: 05/07/2019)
2019-05-2013Joint STATUS REPORT by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DRUG ENFORCEMENT AGENCY, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Sroka, Scott) (Entered: 05/20/2019)
2019-05-21MINUTE ORDER: Upon consideration of the parties' 13 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report, including, if necessary, a proposed briefing schedule, no later than July 19, 2019. Signed by Judge Timothy J. Kelly on 5/21/2019. (lctjk2) (Entered: 05/21/2019)
2019-07-1714Joint STATUS REPORT by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DRUG ENFORCEMENT AGENCY, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Sroka, Scott) (Entered: 07/17/2019)
2019-07-17MINUTE ORDER: In light of the parties' 14 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report, including, if necessary, a proposed briefing schedule, no later than September 30, 2019. Signed by Judge Timothy J. Kelly on 7/17/2019. (lctjk2) (Entered: 07/17/2019)
2019-09-3015Joint STATUS REPORT by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DRUG ENFORCEMENT AGENCY, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Sroka, Scott) (Entered: 09/30/2019)
2019-09-30MINUTE ORDER: In light of the parties' 15 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report, including, if necessary, a proposed briefing schedule, no later than October 30, 2019. Signed by Judge Timothy J. Kelly on 9/30/2019. (lctjk2) (Entered: 09/30/2019)
2019-10-2916Joint STATUS REPORT by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DRUG ENFORCEMENT AGENCY, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Sroka, Scott) (Entered: 10/29/2019)
2019-10-29MINUTE ORDER: In light of the parties' 16 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report, including, if necessary, a proposed briefing schedule, no later than November 29, 2019. Signed by Judge Timothy J. Kelly on 10/29/19. (lctjk2) (Entered: 10/29/2019)
2019-11-2217Joint STATUS REPORT and Proposed Briefing Schedule by BARBARA KOWAL. (Doss, Donald) (Entered: 11/22/2019)
2019-11-25MINUTE ORDER: Upon consideration of the parties' 17 Joint Status Report, it is hereby ORDERED that the following schedule will govern further proceedings: (1) Defendants shall file their motion for summary judgment by January 6, 2020; (2) Plaintiff shall file her opposition to Defendants' motion and her cross-motion by February 17, 2020; (3) Defendants shall file their opposition to Plaintiff's cross-motion and their reply in support of their motion by March 30, 2020; and (4) Plaintiff shall file her reply in support of her cross-motion by May 1, 2020. Signed by Judge Timothy J. Kelly on 11/25/19. (lctjk2) (Entered: 11/25/2019)
2019-11-25Set/Reset Deadlines: Summary Judgment motion due by 1/6/2020. (zkh) (Entered: 11/25/2019)
2020-01-0618Consent MOTION for Extension of Time to File Motion for Summary Judgment by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DRUG ENFORCEMENT AGENCY, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE (Sroka, Scott) (Entered: 01/06/2020)
2020-01-06MINUTE ORDER granting in part the parties' 18 Consent Motion for Extension of Time to File Motion for Summary Judgment and Enlargement of Briefing Schedule. It is hereby ORDERED that the following schedule will govern further proceedings: (1) Defendants shall file their motion for summary judgment by January 10, 2020; (2) Plaintiff shall file her opposition to Defendants' motion and her cross-motion by February 21, 2020; (3) Defendants shall file their opposition to Plaintiff's cross-motion and their reply in support of their motion by April 3, 2020; and (4) Plaintiff shall file her reply in support of her cross-motion by May 5, 2020. The Court notes that these new deadlines reflect the parties' requested 4-day "extension of time, up to and including January 10, 2020, for Defendants... to file their motion for summary judgment and for a commensurate enlargement of the briefing schedule for both parties," ECF No. 18 at 1, notwithstanding the specific dates proposed by Defendant that do not correspond to that request, see id. at 2. Signed by Judge Timothy J. Kelly on 1/6/20. (lctjk2) (Entered: 01/06/2020)
2020-01-0919MOTION for Summary Judgment and Supporting Memorandum by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DRUG ENFORCEMENT AGENCY, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts, # 2 Declaration of Adam C. Siple, # 3 Exhibit ATF Vaughn Index, # 4 Exhibit ATF Supplemental Response, # 5 Declaration of Angela D. Hertel, # 6 Declaration of David M. Hardy, # 7 Exhibit A through S)(Sroka, Scott) (Entered: 01/09/2020)
2020-02-2020MOTION for Extension of Time to File Combined Opposition to Defendants Motion for Summary Judgment by BARBARA KOWAL (Doss, Donald) (Entered: 02/20/2020)
2020-02-24MINUTE ORDER treating as opposed and granting Plaintiff's 20 Motion for Extension of Time to File Her Combined Opposition to Defendants' Motion for Summary Judgment and Cross-Motion for Summary Judgment. It is hereby ORDERED that the following schedule will govern further proceedings: (1) Plaintiff shall file her opposition to Defendants' motion and her cross-motion by March 6, 2020; (2) Defendants shall file their opposition to Plaintiff's cross-motion and their reply in support of their motion by April 17, 2020; and (3) Plaintiff shall file her reply in support of her cross-motion by May 19, 2020. The Court notes that these new deadlines reflect Plaintiff's requested "fourteen-day extension of time," ECF No. 20 at 1, notwithstanding the date proposed by Plaintiff that does not correspond to that request, see id. at 4. Signed by Judge Timothy J. Kelly on 2/24/20. (lctjk2) (Entered: 02/24/2020)
2020-03-0621RESPONSE re 19 MOTION for Summary Judgment and Supporting Memorandum Cross-Motion for Summary Judgment filed by BARBARA KOWAL. (Attachments: # 1 Declaration Declaration, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E, # 7 Exhibit Exhibit F, # 8 Exhibit Exhibit G, # 9 Exhibit Exhibit H, # 10 Exhibit Exhibit I, # 11 Exhibit Exhibit J, # 12 Exhibit Exhibit K, # 13 Exhibit Exhibit L, # 14 Exhibit Exhibit M, # 15 Exhibit Exhibit N, # 16 Exhibit Exhibit O, # 17 Exhibit Exhibit P, # 18 Exhibit Exhibit Q, # 19 Exhibit Exhibit R, # 20 Exhibit Exhibit S, # 21 Exhibit Exhibit T, # 22 Exhibit Exhibit U, # 23 Exhibit Exhibit V, # 24 Exhibit Exhibit W, # 25 Exhibit Exhibit X, # 26 Exhibit Exhibit Y)(Doss, Donald) (Entered: 03/06/2020)
2020-03-0622Cross MOTION for Summary Judgment by BARBARA KOWAL. (See Docket Entry 21 to view document) (ztth) (Entered: 03/09/2020)
2020-04-1423NOTICE OF SUBSTITUTION OF COUNSEL by Jeremy S. Simon on behalf of All Defendants Substituting for attorney Scott L. Sroka (Simon, Jeremy) (Entered: 04/14/2020)
2020-04-1524Unopposed MOTION for Extension of Time to File Combined Reply and Opposition by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DRUG ENFORCEMENT AGENCY, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 04/15/2020)
2020-04-15MINUTE ORDER granting Defendants' 24 Unopposed Motion for Extension of Time to File Combined Reply and Opposition. It is hereby ORDERED, for good cause shown, that Defendants' 24 Motion is GRANTED. Defendants shall file their opposition to Plaintiff's cross-motion and their reply in support of their motion by June 1, 2020, and Plaintiff shall file her reply in support of her cross-motion by July 6, 2020. Signed by Judge Timothy J. Kelly on 4/15/20. (lctjk2) (Entered: 04/15/2020)
2020-06-0125REPLY to opposition to motion re 19 MOTION for Summary Judgment and Supporting Memorandum filed by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DRUG ENFORCEMENT AGENCY, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Proposed Order, # 2 Excerpts from Second Hardy Declaration in Shapiro v. DOJ)(Simon, Jeremy) (Entered: 06/01/2020)
2020-06-0126Memorandum in opposition to re 22 MOTION for Summary Judgment and Reply in Support of Defendants' Motion (duplicate of docket entry number 25) filed by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DRUG ENFORCEMENT AGENCY, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Proposed Order, # 2 Excerpts from Second Hardy Declaration in Shapiro v. DOJ)(Simon, Jeremy) (Entered: 06/01/2020)
2020-07-0227Unopposed MOTION for Extension of Time to File Response/Reply to Defendant's Opposition to Plaintiff's Cross-Motion by BARBARA KOWAL (Doss, Donald) (Entered: 07/02/2020)
2020-07-05MINUTE ORDER granting, for good cause shown, Plaintiff's 27 Motion for Extension of Time. It is hereby ORDERED that Plaintiff shall file her reply brief by July 20, 2020. Signed by Judge Timothy J. Kelly on 7/5/20. (lctjk2) (Entered: 07/05/2020)
2020-07-2028REPLY to 22 CrossMOTION for Summary Judgment filed by BARBARA KOWAL. (Doss, Donald). Modified event title on 7/22/2020 (znmw). (Entered: 07/20/2020)
2020-09-2429MEMORANDUM OPINION AND ORDER granting in part and denying in part Defendants' 19 Motion for Summary Judgment and Plaintiff's 21 Cross-Motion for Summary Judgment. See Order for details. Signed by Judge Timothy J. Kelly on 9/24/20. (lctjk2) (Entered: 09/24/2020)
2020-10-0930STATUS REPORT (Joint Proposed Briefing Schedule) by DRUG ENFORCEMENT AGENCY, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Simon, Jeremy) (Entered: 10/09/2020)
2020-10-11In light of the Parties' 30 Status Report, it is hereby ORDERED that (1) Defendants shall file their renewed motion for summary judgment and the revised Vaughn index no later than November 20, 2020; (2) Plaintiff shall file any opposition and cross-motion no later than December 21, 2020; (3) Defendants shall file their Reply and Opposition to Cross-Motion no later than January 21, 2021; and (4) Plaintiff shall file a reply by February 22, 2021. Signed by Judge Timothy J. Kelly on 10/11/20. (lctjk2) (Entered: 10/11/2020)
2020-11-2031MOTION for Summary Judgment (Renewed Motion for Summary Judgment, Local Rule 7(h) Statement and Supporting Memorandum by DRUG ENFORCEMENT AGENCY, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Proposed Order, # 2 Declaration of Michael G. Seidel, with Ex. A (FBI Updated Vaughn Index), Ex. B (excerpt from FBI Original Vaughn Index), Ex. C (page 18-cv-2798-34), and Ex. D (Supplemental Hertel Declaration and Updated DEA Vaughn Index))(Simon, Jeremy) (Entered: 11/20/2020)
2020-12-1432Unopposed MOTION for Extension of Time to File Response/Reply to Defendant's Motion for Summary Judgment and Cross-Motion For Summary Judgment by BARBARA KOWAL (Doss, Donald) (Entered: 12/14/2020)
2020-12-16MINUTE ORDER granting, for good cause shown, Plaintiff's Unopposed 32 Motion for Extension of Time. It is hereby ORDERED that Plaintiff's Motion is GRANTED, and Plaintiff shall have up to and including January 21, 2021, to respond to the Defendants' motion for summary judgment and file her cross-motion for summary judgment; it is further ORDERED that Defendants shall file their reply and opposition to Plaintiff's cross-motion by February 21, 2021; it is further ORDERED that Plaintiff shall file her reply in support of her cross-motion by March 22, 2021. Signed by Judge Timothy J. Kelly on 12/16/20. (lctjk2) (Entered: 12/16/2020)
2020-12-16Set/Reset Deadlines: Response to Motion for Summary Judgment and Cross Motion due by 1/21/2021. Reply to Motion for Summary Judgment and Response to Cross Motion due by 2/21/2021. Reply to Cross Motion due by 3/22/2021. (zkh) (Entered: 12/16/2020)
2021-01-1933Unopposed MOTION for Extension of Time to File Response/Reply to Defendant's Motion for Summary Judgmnt and Cross-Motion for Summary Judgment (Second) by BARBARA KOWAL. (Doss, Donald) (Entered: 01/19/2021)
2021-01-19MINUTE ORDER granting, for good cause shown, Plaintiff's Unopposed 33 Motion for Extension of Time. It is hereby ORDERED that Plaintiff's Motion is GRANTED, and Plaintiff shall have up to and including February 21, 2021, to respond to the Defendants' motion for summary judgment and file her cross-motion for summary judgment; it is further ORDERED that Defendants shall file their reply and opposition to Plaintiff's cross-motion by March 22, 2021; it is further ORDERED that Plaintiff shall file her reply in support of her cross-motion by April 23, 2021. Signed by Judge Timothy J. Kelly on 1/19/21. (lctjk2) (Entered: 01/19/2021)
2021-01-21Set/Reset Deadlines: Response to Motion for Summary Judgment due by 2/21/2021. Reply to Motion for Summary Judgment due by 3/22/2021. (zkh) (Entered: 01/21/2021)
2021-02-1934Unopposed MOTION for Extension of Time to File Response/Reply to Defendant's Motion for Summary Judgment and Cross-Motion For Summary Judgment (Third Motion) by BARBARA KOWAL. (Attachments: # 1 Appendix Proposed Order)(Doss, Donald) (Entered: 02/19/2021)
2021-02-23MINUTE ORDER granting, for good cause shown, Plaintiffs 34 Unopposed Motion for Extension of Time. It is hereby ORDERED that Plaintiff's Motion is GRANTED, and Plaintiff shall have up to and including March 3, 2021, to respond to the Defendants' motion for summary judgment and file her cross-motion for summary judgment; it is further ORDERED that Defendants shall file their reply and opposition to Plaintiff's cross-motion by April 2, 2021; it is further ORDERED that Plaintiff shall file her reply in support of her cross-motion by May 2, 2021. Signed by Judge Timothy J. Kelly on 2/23/21. (lctjk2) (Entered: 02/23/2021)
2021-02-23Set/Reset Deadlines: Response to Motion for Summary Judgment due by 3/3/2021. Reply to Motion for Summary Judgment due by 4/2/2021. (zkh) (Entered: 02/23/2021)
2021-03-0335RESPONSE re 31 MOTION for Summary Judgment (Renewed Motion for Summary Judgment, Local Rule 7(h) Statement and Supporting Memorandum and Plaintiff's Second Cross-Motion for Summary Judgment filed by BARBARA KOWAL. (Attachments: # 1 Exhibit Exhibits A - K)(Doss, Donald) (Entered: 03/03/2021)
2021-03-0336SECOND CROSS MOTION for Summary Judgment by BARBARA KOWAL. (See Docket Entry 35 to view document). (ztth) (Entered: 03/05/2021)
2021-03-2237Unopposed MOTION for Extension of Time to File Combined Opposition and Reply and to Adjust Remaining Deadlines in Briefing Schedule by DRUG ENFORCEMENT AGENCY, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 03/22/2021)
2021-03-23MINUTE ORDER granting, for good cause shown, Defendants' 37 Unopposed Motion for Extension of Time. It is hereby ORDERED that Defendants' Motion is GRANTED, and Defendants shall file their reply and opposition to Plaintiff's cross-motion by May 3, 2021. It is further ORDERED that Plaintiff shall file her reply in support of her cross-motion by June 3, 2021. Signed by Judge Timothy J. Kelly on 3/23/21. (lctjk2) (Entered: 03/23/2021)
2021-03-24Set/Reset Deadlines: Reply to Motion for Summary Judgment and Response to Cross Motion due by 5/3/2021. Reply to Cross Motion due by 6/3/2021. (zkh) (Entered: 03/24/2021)
2021-04-2838Unopposed MOTION for Extension of Time to File Opposition and Reply and to Adjust Remaining Briefing Deadlines by DRUG ENFORCEMENT AGENCY, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 04/28/2021)
2021-04-30MINUTE ORDER granting, for good cause shown, Defendants' 38 Unopposed Motion for Extension of Time. It is hereby ORDERED that Defendants' Motion is GRANTED, and Defendants shall file their reply and opposition to Plaintiff's cross-motion by May 17, 2021. It is further ORDERED that Plaintiff shall file her reply in support of her cross-motion by June 17, 2021. Signed by Judge Timothy J. Kelly on 4/30/21. (lctjk2) (Entered: 04/30/2021)
2021-04-30Set/Reset Deadlines: Defendants' Reply and Response due by 5/17/2021. Plaintiff's Reply due by 6/17/2021. (zkh) (Entered: 04/30/2021)
2021-05-1239Unopposed MOTION to Clarify Minute Order Dated April 30, 2021 Regarding The Remaining Deadlines In Briefiing Schedule by DRUG ENFORCEMENT AGENCY, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 05/12/2021)
2021-05-13MINUTE ORDER granting Defendants' Unopposed 39 Motion for Clarification. Upon consideration of the Defendants' 39 Motion, and the Defendants' Second 38 Motion for Extension, It is hereby ORDERED, for good cause shown, that Defendants' alternative 39 Motion for Extension of Time is GRANTED, and Defendants shall file their reply and opposition to Plaintiff's cross-motion by June 2, 2021. It is further ORDERED that Plaintiff shall file her reply in support of her cross-motion by July 2, 2021. The Court does not anticipate granting further extensions absent extraordinary circumstances. Signed by Judge Timothy J. Kelly on 5/13/21. (lctjk2) (Entered: 05/13/2021)
2021-05-13Set/Reset Deadlines: Reply and Response to Cross Motion due by 6/2/2021. Reply to Cross Motion due by 7/2/2021. (zkh) (Entered: 05/13/2021)
2021-06-0240Memorandum in opposition to re 36 MOTION for Summary Judgment filed by DRUG ENFORCEMENT AGENCY, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Second Seidel Declaration, # 2 Supplemental Hertel Declaration, # 3 Proposed Order)(Simon, Jeremy) (Entered: 06/02/2021)
2021-06-0241REPLY to opposition to motion re 31 MOTION for Summary Judgment (Renewed Motion for Summary Judgment, Local Rule 7(h) Statement and Supporting Memorandum (duplicate of Docket Entry Number 40) filed by DRUG ENFORCEMENT AGENCY, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Second Seidel Declaration, # 2 Supplemental Hertel Declaration, # 3 Proposed Order)(Simon, Jeremy) (Entered: 06/02/2021)
2021-07-0142Unopposed MOTION for Extension of Time to File Response/Reply to Defendant's Response to Plaintiff's Cross-Motion for Summary Judgment by BARBARA KOWAL. (Doss, Donald) (Entered: 07/01/2021)
2021-07-01MINUTE ORDER granting, for good cause shown, Plaintiff's 42 Unopposed Motion for Extension of Time. It is hereby ORDERED that Plaintiff's Motion is GRANTED, and Plaintiff shall file her reply in support of her cross-motion by August 2, 2021. The Court does not anticipate granting further extensions absent extraordinary circumstances. Signed by Judge Timothy J. Kelly on 7/1/21. (lctjk2) (Entered: 07/01/2021)
2021-07-02Set/Reset Deadlines: Reply to Cross Motion due by 8/2/2021. (zkh) (Entered: 07/02/2021)
2021-08-0243MOTION to Amend/Correct Counterstatement of Material Facts by BARBARA KOWAL. (Attachments: # 1 Appendix Amended Counterstatement of Material Facts, # 2 Exhibit 1 Doc. 1148, # 3 Exhibit 2. Supreme Court Denial, # 4 Exhibit 3. 2255 Excerpts, # 5 Exhibit 4. MacVeigh TT)(Doss, Donald) (Entered: 08/02/2021)
2021-08-0244REPLY to 40 Defendant's Response to 36 Second Cross-Motion for Summary Judgment filed by BARBARA KOWAL. (Attachments: # 1 Exhibit Z, # 2 Exhibit AA, # 3 Exhibit BB, # 4 Exhibit CC, # 5 Exhibit DD, # 6 Exhibit EE, # 7 Exhibit FF, # 8 Exhibit GG, # 9 Exhibit HH, # 10 Exhibit II, # 11 Exhibit JJ, # 12 Exhibit KK, # 13 Exhibit LL, # 14 Exhibit MM, # 15 Exhibit NN)(Doss, Donald); Modified, text, docketing event, and added docket entry relationship on 8/6/2021 (ztth). (Entered: 08/02/2021)
2021-08-0445SURREPLY to opposition to motion re 22 MOTION for Summary Judgment Amended Counterstatement of Material Facts filed by BARBARA KOWAL. (Doss, Donald); Modified text and docketing event on 8/6/2021 (ztth). (Entered: 08/04/2021)
2021-08-0446Memorandum in opposition to re 43 MOTION to Amend/Correct Counterstatement of Material Facts filed by DRUG ENFORCEMENT AGENCY, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 08/04/2021)
2021-08-1147REPLY to opposition to motion re 43 MOTION to Amend/Correct Counterstatement of Material Facts filed by BARBARA KOWAL. (Doss, Donald) (Entered: 08/11/2021)
2021-09-3048ORDER granting Defendants' 31 Motion for Summary Judgment; denying Plaintiff's 36 Motion for Summary Judgment; finding as moot Plaintiff's 43 Motion to Amend. See order for details. Signed by Judge Timothy J. Kelly on 9/30/21. (lctjk2) (Entered: 09/30/2021)
2021-09-3049MEMORANDUM AND OPINION in Support of 48 ORDER granting Defendants' 31 Motion for Summary Judgment; denying Plaintiff's 36 Motion for Summary Judgment; finding as moot Plaintiff's 43 Motion to Amend. Signed by Judge Timothy J. Kelly on 9/30/21. (lctjk2) (Entered: 09/30/2021)
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