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Case TitleKuzma v. U.S. Department of Justice
DistrictWestern District of New York
Case Number1:2023cv01321
Date Filed2023-12-26
Date ClosedOpen
JudgeHon. Lawrence J. Vilardo
PlaintiffMichael Kuzma
Case DescriptionMichael Kuzma, an attorney, submitted a FOIA request to the FBI for records concerning Alison and Arthur Krause. The agency acknowledged receipt of the request. After the agency told Kuzma that his request was in the backlog of unassigned FOIA requests, Kuzma filed an administrative appeal. The agency told him it would not process his appeal because it had not yet made an adverse decision. After hearing nothing further from the agency, Kuzma filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. Department of Justice
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-12-261COMPLAINT against U.S. Department of Justice $ 405 receipt number ANYWDC-5065169, filed by Michael Kuzma. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Kuzma, Michael) (Entered: 12/26/2023)
2023-12-27Case assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (CGJ) (Entered: 12/27/2023)
2023-12-27AUTOMATIC REFERRAL to Mediation: the ADR Plan is available for download at .(CGJ) (Entered: 12/27/2023)
2023-12-27Notice 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 . (CGJ) (Entered: 12/27/2023)
2023-12-272Summons Issued as to U.S. Department of Justice. (CGJ) (Entered: 12/27/2023)
2023-12-283AFFIDAVIT of Service for Summons and Complaint served on Mary Claire Fowler on 12/27/2023, filed by Michael Kuzma. (Kuzma, Michael) (Entered: 12/28/2023)
2024-01-254Consent MOTION for Extension of Time to File Answer by U.S. Department of Justice.(Sroka, Scott) (Entered: 01/25/2024)
2024-01-265TEXT ORDER granting motion for an extension of time to answer filed by the defendant, Docket Item 4 . Answer due by 2/9/2024. Issued by Hon. Lawrence J. Vilardo on 1/26/2024. (CRT) This was mailed to: the plaintiff. (Entered: 01/26/2024)
2024-01-306NOTICE of Appearance by Scott L. Sroka on behalf of U.S. Department of Justice (Sroka, Scott) (Entered: 01/30/2024)
2024-02-067ANSWER to 1 Complaint by U.S. Department of Justice.(Sroka, Scott) (Entered: 02/06/2024)
2024-02-06ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at .(CGJ) (Entered: 02/06/2024)
2024-02-088TEXT REFERRAL ORDER - Hon. Michael J. Roemer, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. § 636(b)(1)(A), 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 not hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and (C), unless further ordered by this Court. 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. § 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. Lawrence J. Vilardo on 2/8/2024. (CRT) This was mailed to: the plaintiff. (Entered: 02/08/2024)
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