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Case TitleInvestigative Post, Inc. v. Federal Bureau of Investigation et al
DistrictWestern District of New York
Case Number1:2024cv00129
Date Filed2024-02-07
Date ClosedOpen
JudgeHon. John L. Sinatra, Jr.
PlaintiffInvestigative Post, Inc.
Case DescriptionInvestigative Post, Inc., a watchdog news organization covering Western New York, submitted two FOIA requests to the FBI. The first request asked for records on a list of people related to Western Regional Off-Track Betting in Niagara County. Investigative Post also requested a fee waiver. The agency acknowledged receipt of the request and told Investigative Post that it had located 2,664 responsive pages. The FBI told Investigative Post that processing its request would take 4.5 years. Although the FBI said it would start disclosing records in increments, Investigative Post heard nothing further. The second request asked for records concerning financial transactions between Mark Gabriele and Henry Wojtaszek from January 2010 to the present. The FBI acknowledged receipt of the request and invoked a Glomar response. Investigative Post filed an administrative appeal of that decision. The agency upheld its initial decision and Investigative Post filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantFederal Bureau of Investigation
DefendantDepartment of Justice
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User-contributed Documents
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-02-071COMPLAINT against All Defendants $ 405 receipt number ANYWDC-5101990, filed by Investigative Post, Inc.. (Attachments: # 1 Exhibit FOIA Request, # 2 Exhibit FOIA Acknowledgement, # 3 Exhibit Fee waiver denial, # 4 Exhibit Correspondence, # 5 Exhibit FOIA Request 2, # 6 Exhibit FOIA response, # 7 Exhibit FOIA Appeal, # 8 Exhibit Appeal Acknowledgement, # 9 Exhibit Appeal Denial)(Higgins, Michael) (Entered: 02/07/2024)
2024-02-08E-Filing Notification: re 1 COMPLAINT - Attorney is directed to file a civil cover sheet, pursuant to Local Rule 3. No judge assignment will be made until filing is entered on the docket. Please utilize the Continuation of Exhibits event, located within the Responses and Replies category. (TMK) (Entered: 02/08/2024)
2024-02-082CONTINUATION OF EXHIBITS by Investigative Post, Inc.. to 1 Complaint, filed by Investigative Post, Inc.. (Attachments: # 1 Civil Cover Sheet)(Higgins, Michael) (Entered: 02/08/2024)
2024-02-08Case Assigned to Hon. John L. Sinatra, Jr. Notification to Chambers of on-line civil case opening. (TMK) (Entered: 02/08/2024)
2024-02-08AUTOMATIC REFERRAL to Mediation: the ADR Plan is available for download at .(TMK) (Entered: 02/08/2024)
2024-02-08Notice 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 . (TMK) (Entered: 02/08/2024)
2024-02-08Original Summons Not Submitted. (TMK) (Entered: 02/08/2024)
2024-02-143Original Summons Filed. (Attachments: # 1 Summons)(Higgins, Michael) (Entered: 02/14/2024)
2024-02-144Summons Issued as to Federal Bureau of Investigation, U.S. Attorney and U.S. Attorney General. (JLV) (Entered: 02/14/2024)
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by FOIA Project Staff
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