Case: 1:11-cv-00023-NGG-LB As of: 07/19/2013 10:31 AM EDT 1 of 4

CLOSED,NPROSE
U.S. District Court
Eastern District of New York (Brooklyn)
CIVIL DOCKET FOR CASE #: 1:11−cv−00023−NGG−LB

Labella v. Federal Bureau of Investigation et al Date Filed: 01/04/2011

Assigned to: Judge Nicholas G. Garaufis Date Terminated: 03/30/2012
Referred to: Magistrate Judge Lois Bloom Jury Demand: None
related Case: 1:02−cv−02355−NGG−KAM Nature of Suit: 890 Other Statutory
Cause: 28:1331 Fed. Question Actions
Jurisdiction: U.S. Government Defendant
Plaintiff
Keith Salvatore Labella represented by Keith Salvatore Labella
64−15 Perry Avenue
Maspeth, NY 11378
718−326−1704
PRO SE

V.
Defendant
Federal Bureau of Investigation represented by Ameet B. Kabrawala
United States Attorney's Office
Eastern District of New York
271 Cadman Plaza East
Brooklyn, NY 11201
718−254−6001
Fax: 718−254−7489
Email: ameet.kabrawala@usdoj.gov
ATTORNEY TO BE NOTICED

Defendant
Office of Justice Programs represented by Ameet B. Kabrawala
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
United States Department of Justice represented by Ameet B. Kabrawala
(See above for address)
ATTORNEY TO BE NOTICED

Date Filed # Docket Text

01/04/2011 1 COMPLAINT against Federal Bureau of Investigation, Office of Justice Programs,
United States Department of Justice Disclosure Statement on Civil Cover Sheet
completed −no,, filed by Keith Salvatore Labella. (Attachments: # 1 Civil Cover
Sheet) (Sica, Michele) (Entered: 01/05/2011)
01/04/2011 Summons Issued as to Federal Bureau of Investigation, Office of Justice Programs,
United States Department of Justice. (Sica, Michele) (Entered: 01/05/2011)
01/04/2011 2 FILING FEE: $ 350, receipt number 4653023799; filed by Keith Salvatore Labella,
dated 1/4/2011. (Sica, Michele) (Entered: 01/05/2011)
01/04/2011 4 SUMMONS Returned Executed by Keith Salvatore Labella. Federal Bureau of
Investigation served on 1/4/2011, answer due 3/7/2011; Office of Justice Programs
served on 1/4/2011, answer due 3/7/2011; United States Department of Justice
served on 1/4/2011, answer due 3/7/2011. (Lee, Tiffeny) (Entered: 01/13/2011)
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01/11/2011 3 ORDER: Plaintiff is to provide a copy of this Order and the enclosed rules to
defendants along with the summons and complaint. Accordingly, if service is not
made upon defendants by May 4, 2011 or plaintiff fails to show good cause why
such service has not been effected, it will be recommended that the Court dismiss
this action without prejudice. SO ORDERED. (Ordered by Magistrate Judge Lois
Bloom, on 1/11/2011) C/mailed w/Attachments: # 1 Individual Practices of
Magistrate Judge Lois Bloom. (Latka−Mucha, Wieslawa) (Entered: 01/12/2011)
01/18/2011 5 AFFIDAVIT / Certificate of Service re: Judge Lois Bloom's 1/11/11 Order 3 ,
served upon Defendants on 1/18/2011; filed by pro se Keith Salvatore Labella.
(Latka−Mucha, Wieslawa) (Entered: 01/25/2011)
02/22/2011 6 Letter MOTION for Extension of Time to File Answer or otherwise respond to the
Complaint, by Federal Bureau of Investigation, Office of Justice Programs, United
States Department of Justice. (Kabrawala, Ameet) (Entered: 02/22/2011)
02/24/2011 7 ORDER endorsed on doc.# 6 . The Court grants defendants' 6 request for an
extension of time, but 60 days is too long. Defendants shall respond to plaintiff's
complaint by 3/31/11. SO ORDERED. (Ordered by Magistrate Judge Lois Bloom,
on 2/24/2011) C/mailed. (Latka−Mucha, Wieslawa) (Entered: 02/24/2011)
03/31/2011 8 ANSWER to 1 Complaint, by Federal Bureau of Investigation, Office of Justice
Programs, United States Department of Justice. (Kabrawala, Ameet) (Entered:
03/31/2011)
04/04/2011 9 SCHEDULING ORDER: Initial Pretrial Conference set for 5/17/2011 at 02:00 PM
in Courtroom 11A South before Magistrate Judge Lois Bloom. No planning
conference shall be required at this time. Parties must contact each other before
making any request for an adjournment to the Court. A request for an adjournment
just be received in writing at least 48 hours before the scheduled conference. So
Ordered by Magistrate Judge Lois Bloom on 4/1/2011. C/M to plaintiff. (Manuel,
Germaine) (Entered: 04/04/2011)
04/18/2011 10 Letter MOTION for pre motion conference requesting leave to file a motion for
summary judgment, by Federal Bureau of Investigation, Office of Justice
Programs, United States Department of Justice. (Kabrawala, Ameet) (Entered:
04/18/2011)
04/20/2011 11 ORDER re 10 Motion: The motion/cross−motion schedule is approved: Defendants
shall serve their summary judgment motion by 5/23/2011; Plaintiff shall serve any
opposition to defendants' summary judgment motion, together with any
cross−motion for summary judgment by 6/27/2011; Defendants shall file any
opposition to plaintiff's cross−motion for summary judgment, together with their
reply in further supportof their summary judgment motion by 7/11/2011; and
Plaintiff shall serve any reply in support of his cross−motion, and the fully−briefed
cross−motions for summary judgment shall be electronically filed by defendants'
counsel by 7/25/2011. So Ordered by Judge Nicholas G. Garaufis on 4/19/2011.
(c/m to pro se) (Lee, Tiffeny) (Entered: 04/20/2011)
04/21/2011 12 ORDER: The Honorable Nicholas G. Garaufis has 11 approved the briefing
schedule for the parties' cross−motions for summary judgment in this Freedom of
Information Act action. Accordingly, the Court hereby cancels the initial pretrial
conference scheduled for 5/17/2011. SO ORDERED. (Ordered by Magistrate
Judge Lois Bloom, on 4/21/2011) C/mailed. (Latka−Mucha, Wieslawa) (Entered:
04/22/2011)
05/18/2011 13 Letter MOTION for Extension of Time to File motion for summary judgment by
Federal Bureau of Investigation, Office of Justice Programs, United States
Department of Justice. (Kabrawala, Ameet) (Entered: 05/18/2011)
05/20/2011 14 ORDER re 13 Letter MOTION for Extension of Time to File motion for summary
judgment filed by United States Department of Justice, Office of Justice Programs,
Federal Bureau of Investigation. Referred to Magistrate Judge Bloom for decision.
Upon completion of briefing, the motion is referred to Judge Bloom for Report and
Recommendation. So Ordered by Judge Nicholas G. Garaufis on 5/18/2011. (c/m
to pro se) (Lee, Tiffeny) (Entered: 05/23/2011)
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05/26/2011 15 ORDER: Defendants request an extension of time to serve their motion for
summary judgment. The Court grants defendants' 13 request. Defendants shall
serve their motion for summary judgment by 6/24/2011; plaintiff shall serve any
opposition to defendants' motion for summary judgment, together with any
cross−motion for summary judgment, by 7/25/2011;1 defendants shall serve any
opposition to plaintiffs cross−motion for summary judgment, together with any
reply in support of their motion for summary judgment, by 8/8/2011; and plaintiff
shall serve any reply in support of his motion for summary judgment, and
defendants shall electronically file the parties' fully−briefed cross− motions for
summary judgment by 8/22/2011. SO ORDERED. (Ordered by Magistrate Judge
Lois Bloom, on 5/26/2011) C/mailed. (Latka−Mucha, Wieslawa) (Entered:
05/27/2011)
08/19/2011 16 Notice of MOTION for Summary Judgment by Federal Bureau of Investigation,
Office of Justice Programs, United States Department of Justice. (Kabrawala,
Ameet) (Entered: 08/19/2011)
08/19/2011 17 NOTICE by Federal Bureau of Investigation, Office of Justice Programs, United
States Department of Justice (Notice to Pro Se Litigant Who Opposes a Motion for
Summary Judgment) (Kabrawala, Ameet) (Entered: 08/19/2011)
08/19/2011 18 RULE 56.1 STATEMENT in Support of Defendants' Motion for Summary
Judgment, filed by Federal Bureau of Investigation, Office of Justice Programs,
United States Department of Justice. (Kabrawala, Ameet) (Entered: 08/19/2011)
08/19/2011 19 DECLARATION of David M. Hardy in Support of Defendants' Motion for
Summary Judgment, by Federal Bureau of Investigation, Office of Justice
Programs, United States Department of Justice (Kabrawala, Ameet) (Entered:
08/19/2011)
08/19/2011 20 DECLARATION of Dorothy A. Lee in Support of Defendants' Motion for
Summary Judgment, by Federal Bureau of Investigation, Office of Justice
Programs, United States Department of Justice (Kabrawala, Ameet) (Entered:
08/19/2011)
08/19/2011 21 MEMORANDUM in Support of Defendants' Motion for Summary Judgment, filed
by Federal Bureau of Investigation, Office of Justice Programs, United States
Department of Justice. (Attachments: # 1 Appendix Unpublished case, # 2
Appendix Unpublished case, # 3 Appendix Unpublished case) (Kabrawala, Ameet)
(Entered: 08/19/2011)
08/19/2011 22 Cross MOTION for Summary Judgment (Plaintiff's Notice of Cross−Motion for
Summary Judgment) by Keith Salvatore Labella. (Kabrawala, Ameet) (Entered:
08/19/2011)
08/19/2011 23 NOTICE by Keith Salvatore Labella (Plaintiff's Cross Motion) (Kabrawala,
Ameet) (Entered: 08/19/2011)
08/19/2011 24 RULE 56.1 STATEMENT (Plaintiff's Response to Defendants' Rule 56.1
Statement) filed by Keith Salvatore Labella. (Kabrawala, Ameet) (Entered:
08/19/2011)
08/19/2011 25 AFFIDAVIT/AFFIRMATION (Plaintiff's Affidavit) by Keith Salvatore Labella
(Kabrawala, Ameet) (Entered: 08/19/2011)
08/19/2011 26 MEMORANDUM in Support of Plaintiff's Cross−Motion for Summary Judgment
and in Opposition to Defendants' Motion, filed by Keith Salvatore Labella.
(Kabrawala, Ameet) (Entered: 08/19/2011)
08/19/2011 27 REPLY in Support of Defendants' Motion for Summary Judgment, filed by Federal
Bureau of Investigation, Office of Justice Programs, United States Department of
Justice. (Kabrawala, Ameet) (Entered: 08/19/2011)
08/19/2011 28 REPLY in Support of Plaintiff's Cross−Motion for Summary Judgment and in
Opposition to Defendants' Motion filed by Keith Salvatore Labella. (Kabrawala,
Ameet) (Entered: 08/19/2011)
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08/19/2011 29 Letter Enclosing Courtesy Copies of Fully−Briefed Motion, by Federal Bureau of
Investigation, Office of Justice Programs, United States Department of Justice
(Kabrawala, Ameet) (Entered: 08/19/2011)
02/09/2012 30 REPORT AND RECOMMENDATION: It is respectfully recommended that
plaintiff's 22 motion for summary judgment should be denied and defendants' 16
motion for summary judgment should be granted. Pursuant to 28 U.S.C. §
636(b)(1) and Rule 72(b) of the Federal Rules of Civil Procedure, the parties shall
have 14 days from service of this Report to file written objections. SO ORDERED
by Magistrate Judge Lois Bloom, on 2/9/2012. (Copy of this Order sent to pro se
Plaintiff along with the attached copies of all unreported cases cited herein.)
Objections to RRdue by 2/27/2012. (Latka−Mucha, Wieslawa) (Entered:
02/10/2012)
02/14/2012 31 Plaintiff's OBJECTIONS to 30 Report and Recommendation; filed by pro se Keith
Salvatore Labella, dated 2/14/2012. (Latka−Mucha, Wieslawa) (Entered:
02/14/2012)
02/28/2012 32 MEMORANDUM in Opposition to Plaintiff's Objections to the Report and
Recommendation, filed by Federal Bureau of Investigation, Office of Justice
Programs, United States Department of Justice. (Kabrawala, Ameet) (Entered:
02/28/2012)
02/28/2012 33 AFFIDAVIT of Service (Declaration of Service of Defendants' Feb. 28, 2012
Memorandum of Law), filed by Federal Bureau of Investigation, Office of Justice
Programs, United States Department of Justice. (Kabrawala, Ameet) (Entered:
02/28/2012)
03/30/2012 34 ORDER ADOPTING 30 REPORT AND RECOMMENDATIONS: Defendants' 16
motion for summary judgment is GRANTED pursuant to Federal Rule of Civil
Procedure 56; Labella's 22 motion for summary judgment is DENIED. So Ordered
by Judge Nicholas G. Garaufis on 3/16/2012. (c/m to pro se; fwd'd for jgm)
(Originally Entered: 03/20/2012, ReDocketed 3/30/2012 to Correct Docketing
Error) (Lee, Tiffeny) (Entered: 03/30/2012)
03/30/2012 35 CLERK'S JUDGMENT that Defendants' motion for summary judgment is granted
pursuant to Federal Rule of Civil Procedure 56; and that Plaintiffs' motion for
summary judgment is denied; and that judgment is hereby entered in favor of
Defendants Federal Bureau of Investigation, Office of Justice Programs, and
United States Department of Justice and against Plaintiff Keith Salvatore Labella.
By Douglas C. Palmer, Clerk of Court by Michele Gapinski, Chief Deputy for
Court Operations on 3/30/12. (c/m to plaintiff with appeals packet) (Lee, Tiffeny)
(Entered: 04/02/2012)