BERARD v. FEDERAL BUREAU OF PRISONS (1:15-cv-00891), District Of Columbia District Court

BERARD v. FEDERAL BUREAU OF PRISONS

District Of Columbia District Court
Judge:	Colleen Kollar-Kotelly
Case #:	1:15-cv-00891
Nature of Suit	895 Other Statutes - Freedom of Information Act
Cause	05:551 Administrative Procedure Act

Case Filed:

Jun 10, 2015

Last checked: Monday Dec 07, 2015 6:43 AM EST

Defendant FEDERAL BUREAU OF PRISONS	Represented By Claire M. Whitaker U.S. Attorney'S Office For The District Of Columbia contact info
Plaintiff DENNIS BERARD 2636 Lower Mountain Road Ransomville, NY 14131

GPO Jul 21 2016
MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on 7/21/16. (dot)

Docket last updated: 12 hours ago

Thursday, August 18, 2016
40		40 order .Order Thu 08/18 7:13 PM ORDER. In light of the filing of BOP's39 Notice indicating that it will not file any objections, and for the reasons stated in the Court's35 Memorandum Opinion issued on July 21, 2016, it is hereby ORDERED that the record at issue, containing the redactions recommended by the Court and reviewed by BOP, filed on the public docket as ECF No. 37 , shall be UNSEALED, and a copy shall be mailed to pro se Plaintiff at his address of record. This is a final, appealable Order. Signed by Judge Colleen Kollar-Kotelly on 8/18/2016. (lcckk1) Related: [-]
Wednesday, August 17, 2016
39		39 notice Notice (Other) Wed 08/17 2:41 PM NOTICE to the Court by FEDERAL BUREAU OF PRISONS re Set/Reset Deadlines (Whitaker, Claire) Related: [-]
Friday, July 29, 2016
		order Order on Motion for Extension of Time to Fri 07/29 11:18 AM MINUTE ORDER granting Defendant's38 Motion to Extend. Defendant shall respond to the Court's 7/21/2016 Order by no later than AUGUST 18, 2016. The Court reiterates, as explained in that Order, that, if Defendant does not file objections, the Court will release the document as proposed to Plaintiff. If Defendant does have objections, it shall state the reasons for those objections. If the Court disagrees with those objections, the Court will provide Defendant a further opportunity to respond prior to considering any release.The Court notes that no response is necessary from Plaintiff because at issue is the in camera review of a document. Signed by Judge Colleen Kollar-Kotelly on 7/29/2016. (lcckk2) Related: [-]
		utility Set/Reset Deadlines Fri 07/29 11:39 AM Set/Reset Deadlines: Defendant shall respond to the Court's 7/21/2016 Order by 8/18/2016. (dot) Related: [-]
Thursday, July 28, 2016
38		38 motion Extension of Time to Thu 07/28 6:15 PM MOTION for Extension of Time to respond to Court's Order of July 21, 2016 re sealed document. by FEDERAL BUREAU OF PRISONS(Whitaker, Claire) Related: [-]
		Att: 1 Text of Proposed Order
Thursday, July 21, 2016
36		36 order Order on Motion for Summary Judgment Order on Motion for Order Thu 07/21 10:08 AM ORDER granting in part and denying in part21 Motion for Summary Judgment; denying25 Motion to Take Judicial Notice. Signed by Judge Colleen Kollar-Kotelly on 7/21/16. (dot) Related: [-]
35		35 19 pgs order Memorandum & Opinion Thu 07/21 9:53 AM MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on 7/21/16. (dot) Related: [-]
Friday, July 08, 2016
34		34 notice Notice (Other) Fri 07/08 2:54 PM NOTICE (Defendant's Notice of Submission in Camera) by FEDERAL BUREAU OF PRISONS re31 Order,,,,,, (Whitaker, Claire) Related: [-]
Friday, June 24, 2016
33		33 18 pgs respm Memorandum in opposition to motion Mon 06/27 12:05 PM Memorandum in opposition to re21 MOTION for Summary Judgment filed by DENNIS BERARD. (znmw) Related: [-]
32		32 misc Sealed Document Mon 06/27 12:04 PM SEALED DOCUMENT (Exhibit A) filed by DENNIS BERARD. (This document is SEALED and only available to authorized persons.)(znmw) Related: [-]
31		31 order .Order Fri 06/24 10:24 AM ORDER re Plaintiff's27 Motion for Protective Order. Upon review of the parties' submissions, it is hereby ORDERED that the relief requested by Plaintiff in his27 Motion for Protective Order is GRANTED; it is FURTHER ORDERED that the Clerk of the Court shall file Exhibit A to Plaintiff's27 Motion for Procedure Order, see ECF No.27 , at 5-12, on the docket UNDER SEAL. The Court also observes that Plaintiff's Opposition to Defendant's Motion for Partial Summary Judgment, see ECF No.27 , at 13-30, appears to have been docketed in error as part of Plaintiff's27 Motion for Protective Order. In light of the foregoing, it is FURTHER ORDERED that the Clerk of the Court shall re-file Plaintiff's Opposition to Defendants Motion for Partial Summary Judgment, see ECF No.27 , at 13-30, as a separate entry on the public docket. Additionally, upon review of the parties' submissions, the Court finds that the in camera review of the requested document would aid the Court in resolving the remaining issues in this case, specifically those raised by the parties while briefing Defendant's21 Motion for Partial Summary Judgment. In light of the foregoing, it is FURTHER ORDERED that Defendant shall, by no later than JULY 8, 2016, submit to the Court, for in camera review, an unredacted version of the document produced by Defendant in response to Plaintiff's FOIA request. Signed by Judge Colleen Kollar-Kotelly on 6/24/2016. Finally, it is hereby ORDERED that the Clerk of the Court shall mail a copy of this Order to pro se Plaintiff at his address of record.(lcckk1) Related: [-]
Thursday, March 24, 2016
30		30 3 pgs respm Memorandum in opposition to motion Thu 03/24 5:45 PM Memorandum in opposition to re25 MOTION for Order /Motion for Judicial Notice filed by FEDERAL BUREAU OF PRISONS.(Whitaker, Claire) Related: [-]
		Att: 1 Text of Proposed Order
Wednesday, March 23, 2016
29		29 respm Response to motion Wed 03/23 3:52 PM RESPONSE re27 MOTION for Protective Order filed by FEDERAL BUREAU OF PRISONS. (Whitaker, Claire) Related: [-]
28		28 respm Reply to opposition to motion Wed 03/23 3:47 PM REPLY to opposition to motion re21 MOTION for Summary Judgment filed by FEDERAL BUREAU OF PRISONS. (Whitaker, Claire) Related: [-]
Monday, March 14, 2016
27		27 motion Protective Order Wed 03/16 4:16 PM MOTION for Protective Order by DENNIS BERARD (td) Related: [-]
Monday, March 07, 2016
26		26 order .Order Mon 03/07 8:42 AM ORDER. As of the date of this Order, Plaintiff has not filed with the Court any documents that could be construed as a response to Defendant's Motion for Summary Judgment. In light of the foregoing, it is hereby ORDERED that Plaintiff shall file with the Court his Opposition to Defendant's Motion for Summary Judgment by no later than March 31, 2016 . If Plaintiff does not respond, the Court may consider Defendant's Motion for Summary Judgment conceded. It is FURTHER ORDERED that the Government shall file a responsive brief within 10 business days of the date that Plaintiff's Opposition is filed with the Court . The Government's responsive brief should address the arguments made in Plaintiff's Opposition, as well as Plaintiff's25 Motion to Take Judicial Notice. IT IS FURTHER ORDERED that the Clerk of the Court shall mail a copy of this Order to Plaintiff's address of record. Signed by Judge Colleen Kollar-Kotelly on 3/7/2016. (lcckk1) Related: [-]
		utility Set/Reset Deadlines Tue 03/08 9:58 AM Set/Reset Deadlines: Plaintiff's Response to Motion for Summary Judgment due by 3/31/2016. (dot) Related: [-]
Tuesday, February 23, 2016
25		25 motion Motion For Order Thu 02/25 12:04 PM MOTION to take Judicial Notice by DENNIS BERARD (td) Related: [-]
Monday, February 08, 2016
24		24 notice Notice (Other) Mon 02/08 5:33 PM NOTICE to the Court (of receipt of Plaintiff's Opposition papers) by FEDERAL BUREAU OF PRISONS re23 Order on Motion for Extension of Time to File Response/Reply,,, (Whitaker, Claire) Related: [-]
Friday, January 29, 2016
23		23 order Order on Motion for Extension of Time to File Response/Reply Fri 01/29 1:30 PM ORDER granting Plaintiff's22 Motion for Extension of Time to File Response. It is hereby ORDERED that the Government shall promptly mail a copy of its17 Motion for Summary Judgment to Plaintiff's address of record via certified mail. The Government shall file a notice with the Court, which includes relevant tracking information that indicates Plaintiff's receipt of the mailing. It is FURTHER ORDERED that Plaintiff shall file his Response to the Government's17 Motion for Summary Judgment by no later than FEBRUARY 29, 2016. The Government shall file its Reply by MARCH 15, 2016. No further extensions shall be granted. It is FURTHER ORDERED that the Clerk of the Court shall mail a copy of this Order to Plaintiff's address of record. Signed by Judge Colleen Kollar-Kotelly on 1/29/2016. (lcckk1) Related: [-]
		utility Set/Reset Deadlines Fri 01/29 3:47 PM Set/Reset Deadlines: Plaintiff's Response to Motion for Summary Judgment due by 2/29/2016. Defendant's Reply to Motion for Summary Judgment due by 3/15/2016. (dot) Related: [-]
Wednesday, December 30, 2015
21		21 motion Summary Judgment Wed 12/30 4:42 PM MOTION for Summary Judgment by FEDERAL BUREAU OF PRISONS(Whitaker, Claire) Related: [-]
		Att: 1 Exhibit Attachment 1 (Declaration of Donna Johnson and exhibits),
		Att: 2 Statement of Facts,
		Att: 3 Text of Proposed Order
Tuesday, December 01, 2015
20		20 order .Order Tue 12/01 11:08 AM ORDER re Defendant's18 Response to Order of the Court and Plaintiff's16 Proposed Joint Status Report. It is hereby ORDERED that the parties shall adhere to the following schedule: Defendant shall file its Motion for Summary Judgment by no later than December 30, 2015; Plaintiff shall file his Opposition to Defendant's Motion for Summary Judgment by no later than January 29, 2016; Defendant shall file its Reply to Plaintiffs Opposition to Defendants Motion for Summary Judgment by no later than February 15, 2016. Signed by Judge Colleen Kollar-Kotelly on 12/1/2015. (lcckk1) Related: [-]
		notice Notice of Corrected Docket Entry Tue 12/01 10:49 AM NOTICE OF CORRECTED DOCKET ENTRY: Docket Entry17 MOTION for Extension of Time to File Answer was entered in error and was refiled by counsel as Docket Entry18 Response to Order of the Court. (znmw) Related: [-]
		utility Set/Reset Deadlines Tue 12/01 5:30 PM Set/Reset Deadlines: Defendant's Summary Judgment motion due by 12/30/2015. Response to Motion for Summary Judgment due by 1/29/2016. Reply to Motion for Summary Judgment due by 2/15/2016. (dot) Related: [-]
Monday, November 30, 2015
19		19 misc Errata Mon 11/30 5:30 PM ERRATA as to ECF No. 17 by FEDERAL BUREAU OF PRISONS. (Whitaker, Claire) Related: [-]
18		18 respm Response to Order of the Court Mon 11/30 5:28 PM RESPONSE TO ORDER OF THE COURT re15 Order on Motion for Extension of Time to, Order on Motion for Extension of Time to File Response/Reply,, and Proposed Briefing Schedule filed by FEDERAL BUREAU OF PRISONS.(Whitaker, Claire) Related: [-]
		Att: 1 Text of Proposed Order
17		17 motion Extension of Time to File Answer Mon 11/30 5:07 PM MOTION for Extension of Time to File Answer by FEDERAL BUREAU OF PRISONS(Whitaker, Claire) Related: [-]
		Att: 1 Text of Proposed Order
Thursday, November 19, 2015
16		16 misc Status Report Fri 11/20 4:18 PM Proposed STATUS REPORT and briefing schedule by DENNIS BERARD. (td) Related: [-]
Friday, October 30, 2015
15		15 order Order on Motion for Extension of Time to Order on Motion for Extension of Time to File Response/Reply Fri 10/30 6:36 PM ORDER denying AS MOOT Defendant's12 Motion for Extension of Time and denying Plaintiff's13 Motion for Leave to File a Reply to Answer. The parties shall file a Joint Status Report in accordance with this Order by NOVEMBER 30, 2015. Signed by Judge Colleen Kollar-Kotelly on 10/30/2015. (lcckk1) Related: [-]
14		14 misc Status Report Fri 10/30 3:52 PM Joint STATUS REPORT by DENNIS BERARD. (td) Related: [-]
		utility Set/Reset Deadlines Mon 11/02 4:08 PM Set/Reset Deadlines: Joint Status Report due by 11/30/2015. (dot) Related: [-]
Wednesday, October 28, 2015
13		13 motion Extension of Time to File Response/Reply Thu 10/29 2:44 PM MOTION for Extension of Time to File Response/Reply re:10 by DENNIS BERARD(td) Related: [-]
		Att: 1 Exhibit
12		12 motion Extension of Time to Wed 10/28 5:07 PM MOTION for Extension of Time to file Joint Status Report and Briefing Schedule by FEDERAL BUREAU OF PRISONS(Whitaker, Claire) Related: [-]
		Att: 1 Text of Proposed Order
Wednesday, September 30, 2015
11		11 order .Order Wed 09/30 9:26 AM ORDER re Defendant's10 Answer. It is unclear from Defendant's Answer whether Defendant has released those records segregated by Defendant as nonexempt. If Defendant has not already done so, Defendant shall release to Plaintiff those nonexempt records by OCTOBER 12, 2015. The parties shall confer and file a Joint Status Report not later than NOVEMBER 2, 2015, indicating whether Plaintiff is satisfied with Defendant's response and whether further briefing is necessary to resolve the dispute. If the parties determine that further briefing is necessary, the Joint Status Report shall include a proposed schedule for such briefing. Signed by Judge Colleen Kollar-Kotelly on 9/30/2015. (lcckk1) Related: [-]
		utility Set/Reset Deadlines Wed 09/30 10:09 AM Set/Reset Deadlines: Defendant to release non-exempt records by 10/12/2015. Joint Status Report due by 11/2/2015. (dot) Related: [-]
Tuesday, September 29, 2015
		order Order on Motion for Extension of Time to Answer Tue 09/29 5:22 PM MINUTE ORDER (Paperless). The Court shall grant Defendant's9 Motion for Extension of Time to Answer. The Court notes that Defendant's counsel filed Defendant's Answer within a day of realizing that she mistakenly calendared the due date of Defendant's Answer to be 60 days after service, rather than 30 days as required under FOIA. Defendant's counsel took immediate steps to obtain a litigation report from the Bureau of Prisons and promptly filed the Answer. Plaintiff pro se has neither consented to, nor opposed, Defendant's Motion since Defendant's counsel filed the Motion on September 17, 2015. Accordingly, the Court grants Defendant's Motion for Extension of Time to File Answer and treats Defendant's Answer as timely filed. Signed by Judge Colleen Kollar-Kotelly on 9/29/2015. (lcckk1) Related: [-]
Friday, September 18, 2015
10		10 answer Answer to Complaint Fri 09/18 5:38 PM ANSWER to1 Complaint by FEDERAL BUREAU OF PRISONS.(Whitaker, Claire) Related: [-]
Thursday, September 17, 2015
9		9 motion Extension of Time to File Answer Thu 09/17 7:18 PM MOTION for Extension of Time to File Answer by FEDERAL BUREAU OF PRISONS(Whitaker, Claire) Related: [-]
		Att: 1 Text of Proposed Order
Tuesday, August 18, 2015
6		6 notice Notice of Appearance Tue 08/18 12:12 PM NOTICE of Appearance by Claire M. Whitaker on behalf of FEDERAL BUREAU OF PRISONS (Whitaker, Claire) Related: [-]
Wednesday, August 05, 2015
5		5 service Electronic Summons Issued as to AUSA,USAG Wed 08/05 10:19 AM SUMMONS (3) REISSUED as to FEDERAL BUREAU OF PRISONS, U.S. Attorney and U.S. Attorney General pursuant to4 Order. (md) Related: [-]
Monday, August 03, 2015
4		4 order Order on Motion to Amend/Correct Mon 08/03 6:46 PM ORDER. For the reasons stated in this Order, the Court hereby DENIES Plaintiff's Motion to Amend Docket and GRANTS Plaintiff's "Ex Parte Motion to Appoint Marshal to Serve Summons and Complaint." Accordingly, the Court hereby ORDERS the United States Marshal Service to serve Defendant in the above-captioned case with the Summons and Complaint. The Court FURTHER ORDERS that the U.S. Marshal Service shall serve Defendant prior to OCTOBER 8, 2015. The Court FURTHER ORDERS that the U.S Marshal Service shall promptly file a return of service affidavit on the docket once service has been completed. Signed by Judge Colleen Kollar-Kotelly on 8/3/2015. (lcckk3) Related: [-]
Friday, July 24, 2015
3		3 motion Amend/Correct Mon 07/27 8:00 AM MOTION to Amend/Correct the docket by DENNIS BERARD (jf) Related: [-]
Thursday, June 11, 2015
2		2 order .Order Thu 06/11 4:42 PM ORDER Establishing Procedures for Cases Assigned to Judge Colleen Kollar-Kotelly. Signed by Judge Colleen Kollar-Kotelly on June 11, 2015. (NS) Related: [-]
Wednesday, June 10, 2015
1		1 cmp Complaint Thu 06/11 1:01 PM COMPLAINT against FEDERAL BUREAU OF PRISONS ( Filing fee $ 400, receipt number 4616071048) filed by DENNIS BERARD.(td) Related: [-]
		Att: 1 Civil Cover Sheet
		service Summons Issued as to AUSA,USAG Thu 06/11 1:06 PM SUMMONS (3) Issued as to FEDERAL BUREAU OF PRISONS, U.S. Attorney and U.S. Attorney General (td) Related: [-]

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