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Case TitleBarrack v. United States Department of Justice
DistrictDistrict of Colorado
CityDenver
Case Number1:2022cv01800
Date Filed2022-07-21
Date ClosedOpen
JudgeJudge Raymond P. Moore
PlaintiffThomas J. Barrack, Jr.
Case DescriptionThomas Barrack submitted a FOIA request to the Department of Justice's National Security Division for records concerning the registration with the Justice Department of individuals acting as foreign agents under the Foreign Agents Registration Act. The agency acknowledged receipt of the request and eventually responded by invoking a Glomar response neither confirming nor denying the existence of records, citing Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). Barrack filed an administrative appeal to the Office of Information Policy. The agency upheld its Glomar response and Barrack filed suit.
Complaint issues: Adequacy - Search, Litigation - Attorney's fees

DefendantUnited States Department of Justice
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-07-211COMPLAINT for Expedited Declaratory and Injunctive Relief Under the Freedom of Information Act against United States Department of Justice (Filing fee $ 402,Receipt Number ACODC-8565214)Attorney Jason R. Dunn added to party Thomas J Barrack(pty:pla), filed by Thomas J Barrack. (Attachments: # 1 Exhibit 1- FOIA Request, # 2 Exhibit 2- DOJ Response, # 3 Exhibit 3- Response, # 4 Exhibit 4- Email, # 5 Civil Cover Sheet, # 6 Summons To the Dept. of Justice, # 7 Summons To the US Attorney, # 8 Summons To the Attorney General)(Dunn, Jason) (Entered: 07/21/2022)
2022-07-212Emergency MOTION for Preliminary Injunction Expedited Motion for Preliminary Injunction by Plaintiff Thomas J Barrack. (Attachments: # 1 Exhibit 1- FOIA Request, # 2 Exhibit 2- Request NSD, # 3 Exhibit 3- Update, # 4 Exhibit 4- Request for follow-up, # 5 Exhibit 5- Letter 6-6-22, # 6 Exhibit 6- Email re Appeal, # 7 Exhibit 7- Email re NSD FOIA, # 8 Exhibit 8- Letter 7-8-22, # 9 Exhibit 9- Letter 7-14-22, # 10 Exhibit 10- Letter 7-14-22)(Dunn, Jason) (Entered: 07/21/2022)
2022-07-213Case assigned to Judge Raymond P. Moore and drawn to Magistrate Judge Kristen L. Mix. Text Only Entry (norlin, ) (Entered: 07/21/2022)
2022-07-214SUMMONS issued by Clerk. (Attachments: # 1 Summons, # 2 Summons, # 3 Magistrate Judge Consent Form) (norlin, ) (Entered: 07/21/2022)
2022-07-225NOTICE of Entry of Appearance by Joseph C. Haupt on behalf of Thomas J. Barrack, JrAttorney Joseph C. Haupt added to party Thomas J. Barrack, Jr(pty:pla) (Haupt, Joseph) (Entered: 07/22/2022)
2022-07-266NOTICE of Entry of Appearance by Vinita Andrapalliyal on behalf of United States Department of JusticeAttorney Vinita Andrapalliyal added to party United States Department of Justice(pty:dft) (Andrapalliyal, Vinita) (Entered: 07/26/2022)
2022-07-277MINUTE ORDER: Status Conference set for 8/5/2022 at 01:00 PM in Courtroom A 601 before Judge Raymond P. Moore on the sixth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. SO ORDERED by Judge Raymond P. Moore on 7/27/2022. (Text Only Entry) (rmsec ) (Entered: 07/27/2022)
2022-07-298Unopposed MOTION for Order to Hold August 5, 2022 Status Conference Telephonically by Plaintiff Thomas J. Barrack, Jr. (Attachments: # 1 Proposed Order (PDF Only))(Dunn, Jason) (Entered: 07/29/2022)
2022-08-019ORDER granting Unopposed Motion of Thomas Barrack, Jr. Requesting Status Conference Be Held via Teleconference 8 . The Status Conference set for 8/5/2022 at 1:00 PM will be held telephonically. The parties are directed to contact the Court's Courtroom Deputy via email (Cathy_Pearson@cod.uscourts.gov) on or before 4:30 PM on Wednesday, August 3, 2022, for instructions to appear telephonically. SO ORDERED by Judge Raymond P. Moore on 8/1/2022. (Text Only Entry)(rmsec ) (Entered: 08/01/2022)
2022-08-0510COURTROOM MINUTES for proceedings held before Judge Raymond P. Moore: Status Conference held on 8/5/2022. 2 Expedited Motion for Preliminary Injunction is denied as to having the Preliminary Injunction heard on an expedited basis; however, the preliminary injunction motion remains pending. Court Reporter: Tammy Hoffschildt. (cpear) (Entered: 08/05/2022)
2022-08-1211Unopposed MOTION for Leave to File Excess Pages by Defendant United States Department of Justice. (Attachments: # 1 Proposed Order (PDF Only))(Andrapalliyal, Vinita) (Entered: 08/12/2022)
2022-08-1212ORDER granting 11 Motion for Leave to File Excess Pages. SO ORDERED by Judge Raymond P. Moore on 8/12/2022. (Text Only Entry)(rmsec ) (Entered: 08/12/2022)
2022-08-1513BRIEF in Opposition to 2 Emergency MOTION for Preliminary Injunction Expedited Motion for Preliminary Injunction filed by Defendant United States Department of Justice. (Attachments: # 1 Affidavit of Kevin G. Tiernan, # 2 Exhibit Exhibits)(Andrapalliyal, Vinita) (Entered: 08/15/2022)
2022-08-2414MOTION to Dismiss Plaintiff's Complaint by Defendant United States Department of Justice. (Andrapalliyal, Vinita) (Entered: 08/24/2022)
2022-08-2915REPLY to Response to 2 Emergency MOTION for Preliminary Injunction Expedited Motion for Preliminary Injunction filed by Plaintiff Thomas J. Barrack, Jr. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Dunn, Jason) (Entered: 08/29/2022)
2022-09-1416RESPONSE to 14 MOTION to Dismiss Plaintiff's Complaint filed by Plaintiff Thomas J. Barrack, Jr. (Dunn, Jason) (Entered: 09/14/2022)
2022-09-2717ORDER REASSIGNING MAGISTRATE JUDGE. Pursuant to D.C. Colo. L. Civ. R. 40.1(a), and as approved by the Chief Judge of the Court, the undersigned directs that the Clerk of the Court reassign this action to Magistrate Judge Gallagher as the referral judge. All further pleadings in this case shall reflect the case number of 22-cv-01800-RM-GPG. By Judge Raymond P. Moore on 9/27/2022. (sdunb, ) (Entered: 09/27/2022)
2022-09-2718ORDER REFERRING CASE to Magistrate Judge Gordon P. Gallagher. Pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. By Judge Raymond P. Moore on 9/27/2022. (Text Only Entry) (rmsec ) (Entered: 09/27/2022)
2022-09-2719MINUTE ORDER: With the assignment of this matter, the parties are advised that throughout this case they are expected to be familiar and comply with not only the Local Rules of this District, but also Judge Raymond P. Moore's Civil Practice Standards, which may be found at: http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonRaymondPMoore.aspx. SO ORDERED by Judge Raymond P. Moore on 9/27/2022. (Text Only Entry) (rmsec ) (Entered: 09/27/2022)
2022-09-2820REPLY to Response to 14 MOTION to Dismiss Plaintiff's Complaint filed by Defendant United States Department of Justice. (Andrapalliyal, Vinita) (Entered: 09/28/2022)
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