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Case TitleEverson v. United States Department of Justice et al
DistrictWestern District of New York
CityRochester
Case Number6:2023cv06451
Date Filed2023-08-10
Date ClosedOpen
JudgeHon. Frank P. Geraci, Jr.
PlaintiffSabrina Everson
Case DescriptionSabrina Everson submitted a FOIA request to the Bureau of Prisons for records concerning Bobby Everson Jr., a federal prisoner. The agency acknowledged receipt of the request. Everson filed several administrative appeals pertaining to denials of access to records but after hearing nothing further from the agency, Everson filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUnited States Department of Justice
DefendantUnited States Bureau of Prisons
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
Complaint attachment 9
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-02-221COMPLAINT against United States Bureau of Prisons, United States Department of Justice. (Filing Fee $ 402.00, Receipt Number ANYSDC-27373662)Document filed by Sabrina Everson. (Attachments: # 1 Exhibit A - FOIA req, # 2 Exhibit B - Ack Ltr, # 3 Exhibit C - F/U Email, # 4 Exhibit D - Resp to F/U Email, # 5 Exhibit E - 1st Adm Appeal, # 6 Exhibit F - Resp to 1st Adm Appeal, # 7 Exhibit G - Denial of 1st Adm Appeal, # 8 Exhibit H - 2nd Adm Appeal, # 9 Exhibit I - Denial of 2nd Adm Appeal).(Rankin, David) [Transferred from nysd on 8/10/2023.] (Entered: 02/22/2023)
2023-02-222CIVIL COVER SHEET filed..(Rankin, David) [Transferred from nysd on 8/10/2023.] (Entered: 02/22/2023)
2023-02-223REQUEST FOR ISSUANCE OF SUMMONS as to UNITED STATES DEPARTMENT OF JUSTICE, re: 1 Complaint,,. Document filed by Sabrina Everson..(Rankin, David) [Transferred from nysd on 8/10/2023.] (Entered: 02/22/2023)
2023-02-224REQUEST FOR ISSUANCE OF SUMMONS as to UNITED STATES BUREAU OF PRISONS, re: 1 Complaint,,. Document filed by Sabrina Everson..(Rankin, David) [Transferred from nysd on 8/10/2023.] (Entered: 02/22/2023)
2023-02-225NOTICE OF APPEARANCE by Regina Powers on behalf of Sabrina Everson..(Powers, Regina) [Transferred from nysd on 8/10/2023.] (Entered: 02/22/2023)
2023-02-23***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney David Bruce Rankin. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 3 (Federal Question); County code New York. The following correction(s) have been made to your case entry: the Jurisdiction code has been modified to 2 (U.S. Government Defendant); the County code has been modified to Monroe. (vf) [Transferred from nysd on 8/10/2023.] (Entered: 02/23/2023)
2023-02-23CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer H. Rearden. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions . .(vf) [Transferred from nysd on 8/10/2023.] (Entered: 02/23/2023)
2023-02-23Magistrate Judge Jennifer Willis is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf . (vf) [Transferred from nysd on 8/10/2023.] (Entered: 02/23/2023)
2023-02-23Case Designated ECF. (vf) [Transferred from nysd on 8/10/2023.] (Entered: 02/23/2023)
2023-02-236ELECTRONIC SUMMONS ISSUED as to United States Department of Justice. (vf) [Transferred from nysd on 8/10/2023.] (Entered: 02/23/2023)
2023-02-237ELECTRONIC SUMMONS ISSUED as to United States Bureau of Prisons. (vf) [Transferred from nysd on 8/10/2023.] (Entered: 02/23/2023)
2023-03-168SUMMONS RETURNED EXECUTED. United States Department of Justice served on 3/16/2023, answer due 4/6/2023. Service was made by Mail. Document filed by Sabrina Everson..(Rankin, David) [Transferred from nysd on 8/10/2023.] (Entered: 03/16/2023)
2023-03-169SUMMONS RETURNED EXECUTED. United States Bureau of Prisons served on 3/16/2023, answer due 4/6/2023. Service was made by Mail. Document filed by Sabrina Everson..(Rankin, David) [Transferred from nysd on 8/10/2023.] (Entered: 03/16/2023)
2023-04-1710NOTICE OF APPEARANCE by Amanda M Lee on behalf of United States Bureau of Prisons, United States Department of Justice..(Lee, Amanda) [Transferred from nysd on 8/10/2023.] (Entered: 04/17/2023)
2023-04-1711LETTER MOTION for Extension of Time to respond to the complaint addressed to Judge Jennifer H. Rearden from Amanda Lee dated 04/17/2023. Document filed by United States Bureau of Prisons, United States Department of Justice..(Lee, Amanda) [Transferred from nysd on 8/10/2023.] (Entered: 04/17/2023)
2023-04-1812ORDER granting 11 Letter Motion for Extension of Time. The Government's request on consent to extend its deadline to respond to the Complaint is GRANTED. SO ORDERED.. (Signed by Judge Jennifer H. Rearden on 4/18/2023) (kv) [Transferred from nysd on 8/10/2023.] (Entered: 04/18/2023)
2023-04-18Set/Reset Deadlines: United States Bureau of Prisons answer due 5/19/2023; United States Department of Justice answer due 5/19/2023. (kv) [Transferred from nysd on 8/10/2023.] (Entered: 04/18/2023)
2023-05-1513SECOND LETTER MOTION for Extension of Time addressed to Judge Jennifer H. Rearden from Amanda Lee dated 05/15/2023. Document filed by United States Bureau of Prisons, United States Department of Justice..(Lee, Amanda) [Transferred from nysd on 8/10/2023.] (Entered: 05/15/2023)
2023-05-1614ORDER granting 13 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 5/16/2023) (tg) [Transferred from nysd on 8/10/2023.] (Entered: 05/16/2023)
2023-05-16Set/Reset Deadlines: United States Bureau of Prisons answer due 7/18/2023; United States Department of Justice answer due 7/18/2023. (tg) [Transferred from nysd on 8/10/2023.] (Entered: 05/16/2023)
2023-07-1715CONSENT LETTER MOTION for Extension of Time to File Answer addressed to Judge Jennifer H. Rearden from David B. Rankin dated July 17, 2023. Document filed by Sabrina Everson..(Rankin, David) [Transferred from nysd on 8/10/2023.] (Entered: 07/17/2023)
2023-07-1716ORDER granting 15 Letter Motion for Extension of Time to Answer re 15 CONSENT LETTER MOTION for Extension of Time to File Answer addressed to Judge Jennifer H. Rearden from David B. Rankin dated July 17, 2023. Application GRANTED. This deadline will not be further extended absent good cause. SO ORDERED. United States Bureau of Prisons answer due 8/1/2023; United States Department of Justice answer due 8/1/2023. (Signed by Judge Jennifer H. Rearden on 7/17/2023) (jca) [Transferred from nysd on 8/10/2023.] (Entered: 07/17/2023)
2023-08-0117LETTER MOTION for Extension of Time to respond to complaint, sine die addressed to Judge Jennifer H. Rearden from Amanda Lee dated 08/01/2023. Document filed by United States Bureau of Prisons, United States Department of Justice..(Lee, Amanda) [Transferred from nysd on 8/10/2023.] (Entered: 08/01/2023)
2023-08-0218ORDER granting 17 Letter Motion for Extension of Time. Application GRANTED. By August 8, 2023, the parties shall submit a proposed consent order transferring this case to the Western District of New York. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 8/2/2023) (jca) [Transferred from nysd on 8/10/2023.] (Entered: 08/02/2023)
2023-08-0819PROPOSED STIPULATION AND ORDER. Document filed by United States Bureau of Prisons, United States Department of Justice..(Lee, Amanda) [Transferred from nysd on 8/10/2023.] (Entered: 08/08/2023)
2023-08-1020STIPULATION AND ORDER TO TRANSFER VENUE: NOW, THEREFORE, upon the parties' agreement, IT IS HEREBY ORDERED that: This case shall be transferred, pursuant to 28 U.S.C. § 1404(a), to the United States District Court for the Western District of New York. This Stipulation and Order to Transfer Venue shall not be construed as addressing the merits of this action. This Stipulation and Order to Transfer Venue contains the entire agreement between the parties, and no statements, representations, promises, agreements, or negotiations, oral orotherwise, between the parties or their counsel that are not included herein shall be of any force or effect. Upon transfer, this case shall be terminated on the docket. All forthcoming deadlines and hearings are hereby vacated. Plaintiff shall promptly serve copies of this Stipulation and Order of Transfer and theComplaint upon the United States Attorney's Office for the Western District of New York. The Clerk of Court is directed to transfer this action forthwith to the United States District Court for the Western District of New York. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 8/10/2023) (ama) [Transferred from nysd on 8/10/2023.] (Entered: 08/10/2023)
2023-08-10CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Western District of New York.(ama) [Transferred from nysd on 8/10/2023.] (Entered: 08/10/2023)
2023-08-1021Case transferred in from District of New York Southern; Case Number 1:23-cv-01456. (Entered: 08/10/2023)
2023-08-10AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution .(CGJ) (Entered: 08/10/2023)
2023-08-10Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms . (CGJ) (Entered: 08/10/2023)
2023-08-1422TEXT ORDER: By August 23, 2023, the parties shall file a joint letter summarizing the current status of, as well as any pending deadlines related to, this action. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 8/14/2023. (MFM) (Entered: 08/14/2023)
2023-08-1423NOTICE of Appearance by James E.B. Bobseine on behalf of United States Bureau of Prisons, United States Department of Justice (Bobseine, James) (Entered: 08/14/2023)
2023-08-2324STATUS REPORT by United States Bureau of Prisons, United States Department of Justice. (Bobseine, James) (Entered: 08/23/2023)
2023-08-2425TEXT ORDER re: 24 STATUS REPORT by United States Bureau of Prisons, United States Department of Justice. The Court has reviewed the parties' joint status report. In accordance with the parties' agreement, Defendants shall respond to the complaint by September 22, 2023. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 8/24/2023. (MFM) (Entered: 08/24/2023)
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