Public Access to Court Electronic Records Docket Report Output Menu Docket for case 2:93cv00230 consists of 11 pages. Report was generated on: 3/02/98 . X---------------------------------------------------------------------------X PACER session date: Sunday May 24, 1998 01:12:59 PM MST Docket as of March 2, 1998 7:03 pm Page 1 Proceedings include all events. TERMED 2:93cv230 Kucernak, et al v. FBI, et al TERMED U.S. District Court U.S. District Court for the District of Arizona (Phoenix) CIVIL DOCKET FOR CASE #: 93-CV-230 Kucernak, et al v. FBI, et al Filed: 02/02/93 Assigned to: Judge Paul G Rosenblatt Jury demand: Plaintiff Demand: $1,800,000 Nature of Suit: 895 Lead Docket: None Jurisdiction: US Defendant Dkt# in other court: None Cause: 05:552 Right to Privacy Act FRANK KUCERNAK Frank Kucernak pla [COR LD NTC] [PRO SE] - 948 E Carmen Drive Tempe, AZ 85283 (602) 831-5297 ======================== FEDERAL BUREAU OF James P Loss, Esq INVESTIGATION [COR LD NTC] dft Cynthia M Parsons, Esq [COR LD NTC -] US Attorney's Office 230 N 1st Ave Phoenix, AZ 85025 514-7500 ======================== NATIONAL SECURITY AGENCY Cynthia M Parsons, Esq dft [COR LD NTC -] US Attorney's Office 230 N 1st Ave Phoenix, AZ 85025 514-7500 ======================== CENTRAL INTELLIGENT AGENCY Cynthia M Parsons, Esq dft [COR LD NTC -] US Attorney's Office Docket as of March 2, 1998 7:03 pm Page 2 Proceedings include all events. TERMED 2:93cv230 Kucernak, et al v. FBI, et al 230 N 1st Ave Phoenix, AZ 85025 514-7500 ======================== ASSIA KUCERNAK Assia Kucernak pla [PRO SE] - 948 E Carmen Drive Tempe, AZ 85283 (602) 831-5297 Docket as of March 2, 1998 7:03 pm Page 3 Proceedings include all events. TERMED 2:93cv230 Kucernak, et al v. FBI, et al 2/2/93 1 MOTION to proceed in forma pauperis by pla [1-1] (mp) [Entry date 02/08/93] 2/2/93 2 MOTION for appointment of counsel by pla [2-1] (mp) [Entry date 02/08/93] 2/2/93 3 AFFIDAVIT of Frank Kucernak in sprt of motion to proceed IFP & for appt of cnsl (mp) [Entry date 02/08/93] 2/2/93 4 FINANCIAL AFFIDAVIT of Frank Kucernak (mp) [Entry date 02/08/93] 2/2/93 5 ORDER by Judge Paul G. Rosenblatt granting motion to proceed in forma pauperis by pla [1-1]; denying w/out prej motion for appointment of counsel by pla [2-1] (cc: all counsel) (mp) [Entry date 02/08/93] 2/2/93 6 COMPLAINT FILED (mp) [Entry date 02/08/93] 2/2/93 7 MOTION for Vaughn Index by pla [7-1] (mp) [Entry date 02/08/93] 2/2/93 8 MEMORANDUM IN SUPPORT by pla of his motion for Vaughn Index [7-1] (mp) [Entry date 02/08/93] 2/16/93 47 NOTICE by pla Frank Kucernak of svc of discovery docs (mp) [Entry date 12/20/93] 3/23/93 9 AFFIDAVIT of Frank Kucernak in sprt of motion for appt of cnsl (STR) (mp) [Entry date 03/24/93] 3/23/93 10 SECOND MOTION for appointment of counsel by pla [10-1] (mp) [Entry date 03/25/93] 3/25/93 -- USM 285, summons/notice/complaint/order, forwarded to USMS this date. (mp) 3/25/93 11 ORDER by Judge Rosenblatt striking Afdvt [9] & motion for appt of cnsl by pla [10]; pursuant to Not Double Spaced. Clk to strike the instrument from the record, and reject any responses, with notice to counsel. (cc: all counsel) (mp) 3/29/93 12 AFFIDAVIT of Frank Kucernak in sprt of motion for appt of cnsl (mp) 3/29/93 13 SECOND MOTION for appointment of counsel by pla [13-1] (mp) 4/2/93 14 RETURN OF SERVICE EXECUTED pesonal upon US Atty, Dist of AZ on 3/30/93 (mp) 4/7/93 15 RETURN OF SERVICE UNEXECUTED - attempted upon dft FBI (mp) 4/13/93 16 RETURN OF SERVICE EXECUTED by mail upon dft FBI on 4/5/93 Docket as of March 2, 1998 7:03 pm Page 4 Proceedings include all events. TERMED 2:93cv230 Kucernak, et al v. FBI, et al (mp) [Entry date 04/15/93] 4/13/93 17 RETURN OF SERVICE EXECUTED by mail upon US Atty General on 4/5/93 (mp) [Entry date 04/15/93] 6/1/93 18 ANSWER by dft FBI (mp) [Entry date 06/02/93] 6/10/93 19 ORDER by Judge Rosenblatt ruling on motion for Vaughn Index by pla [7-1]is deferred to allow full briefing of matter; denying w/out motion for appt of counsel by pla [13-1]...see doc for full dtls (cc: all counsel) (mp) 6/21/93 21 REPLY by pla Frank Kucernak to answer [18-1] (mp) [Entry date 06/23/93] 6/22/93 20 RESPONSE by dft FBI to motion for Vaughn Index by pla [7-1] (mp) 6/24/93 22 ORDER by Judge Paul G. Rosenblatt setting proposed PTO (42c) ddl 10/29/93...see doc for full dtls (cc: all counsel) (mp) 6/29/93 23 MOTION for reconsideration for appt of cnsl by pla Frank Kucernak [23-1] (mp) [Entry date 06/30/93] 6/29/93 24 AFFIDAVIT of Frank Kucernak in sprt of motion for reconsideration for appt of cnsl (mp) [Entry date 06/30/93] 7/13/93 25 MOTION for entry of an order by pla Frank Kucernak [25-1] (mp) 8/20/93 26 MOTION to dismiss by dft FBI [26-1] (mp) [Entry date 08/23/93] 9/7/93 27 MOTION to exceed the page limit by pla Frank Kucernak [27-1] (mp) 9/7/93 -- LODGED: Reply to Motion to Dismiss (mp) 9/10/93 28 REPLY by dft FBI to response to motion to dismiss by dft FBI [26-1] (mp) [Entry date 09/13/93] 9/21/93 29 MOTION to amend cmp by adding dfts by pla Frank Kucernak [29-1] (mp) 9/22/93 30 RESPONSE by dft FBI to motion to amend cmp by adding dfts by pla Frank Kucernak [29-1] (mp) 9/27/93 31 ORDER by Judge Paul G. Rosenblatt granting motion to exceed the page limit by pla Frank Kucernak [27-1] (cc: all counsel) (mp) 9/27/93 32 RESPONSE (titled "reply") by pla Frank Kucernak to motion to dismiss by dft FBI [26-1] (mp) Docket as of March 2, 1998 7:03 pm Page 5 Proceedings include all events. TERMED 2:93cv230 Kucernak, et al v. FBI, et al 9/29/93 33 REPLY by pla Frank Kucernak to response to motion to amend cmp by adding dfts by pla Frank Kucernak [29-1] (mp) [Entry date 09/30/93] 9/30/93 34 ORDER by Judge Paul G. Rosenblatt: gr in part and den in part dft's motion to dismiss [26-1] denying motion for for appt of cnsl by pla Frank Kucernak [23-1] denying w/o prej for entry of an order by pla Frank Kucernak [25-1] granting motion to amend cmp by adding dfts by pla Frank Kucernak [29-1]. Pltf shl file amd cmp nlt 20 days from date of filing of this order. granting motion for Vaughn Index by pla [7-1] (cc: all counsel) (ce) [Entry date 10/01/93] 10/15/93 35 AMENDED COMPLAINT by pla Frank Kucernak; jury demand [6-1]; adding Nat'l Security, CIA (mp) [Entry date 10/19/93] 10/19/93 36 MOTION for order to inform the plaintiff by pla Frank Kucernak [36-1] (mp) [Entry date 10/20/93] 10/26/93 37 MOTION to extend time to answer pla's amnd cmp by dfts FBI, Nat'l Security, CIA [37-1] (mp) 11/2/93 38 SECOND MOTION to inform the plaintiff by pla Frank Kucernak [38-1] (mp) [Entry date 11/03/93] 11/8/93 39 ORDER by Judge Rosenblatt vacating 42(c) ddl of 10/29/93 and resetting ddl...pretrial order due 2/16/94 (cc: all counsel) (mp) 11/23/93 40 MOTION to extend time to file a "Vaughn" Index pending completion of the FBI's Administrative Processing by dft FBI [40-1] (mp) [Entry date 11/24/93] 12/2/93 -- USM 285, summons/notice/complaint/order, forwarded to USMS this date. (mp) 12/3/93 41 RETURN OF SERVICE EXECUTED personal upon US Atty, Dist of AZ on 12/3/93 (mp) [Entry date 12/06/93] 12/14/93 42 RETURN OF SERVICE EXECUTED by mail upon dft FBI on 12/6/93 (mp) [Entry date 12/15/93] 12/14/93 43 RETURN OF SERVICE EXECUTED by mail upon dft CIA on 12/13/93 (no date given, however, rec'vd in USMS on 12/13/93) (mp) [Entry date 12/15/93] 12/14/93 44 RETURN OF SERVICE EXECUTED by certified mail upon US Atty Gen'l on 12/8/93 (mp) [Entry date 12/15/93] 12/14/93 45 ANSWER by dfts (all) to amnd cmp (mp) [Entry date 12/15/93] Docket as of March 2, 1998 7:03 pm Page 6 Proceedings include all events. TERMED 2:93cv230 Kucernak, et al v. FBI, et al 12/22/93 48 ORDER by Judge Rosenblatt denying as moot motion for order to inform the plaintiff by pla Frank Kucernak [36]; denying as moot motion to inform the plaintiff by pla Frank Kucernak [38]; denying motion to extend time to answer pla's amnd cmp by dfts FBI, Nat'l Security, CIA [37]; granting motion to extend time to file a "Vaughn" Index pending completion of the FBI's Administrative Processing by dft FBI [40-1], FBI may hv til 3/1/94; vacating 42C ddl of 2/16/94...pretrial order due 5/3/94...see doc for full dtls (cc: all counsel) (mp) 12/28/93 49 MOTION for enlargement of time to reply to dfts' answer to amended complaint by pla Frank Kucernak [49-1] (la) 12/28/93 50 RETURN OF SERVICE EXECUTED by certified mail upon dft FBI on 12/7/93 (la) 12/29/93 51 RESPONSE by all dfts to motion for enlargement of time to reply to dfts' answer to amended complaint by pla Frank Kucernak [49-1] (la) [Entry date 12/30/93] 1/3/94 52 RETURN OF SERVICE EXECUTED by mail upon dft Nat'l Security on 12/15/93 (mp) [Entry date 01/04/94] 1/5/94 53 ORDER by Judge Paul G. Rosenblatt denying motion for enlargement of time to reply to dfts' answer to amended complaint by pla Frank Kucernak [49-1] (cc: all counsel) (mp) 1/6/94 54 NOTICE OF WITHDRAWAL by pla Frank Kucernak of motion for enlargement of time to reply to dfts' answer to amended complaint by pla Frank Kucernak [49-1] [49-1] (mp) 2/9/94 55 MOTION for Vaughn Index of "FBI" doc pertaining to pla's wife by pla Frank Kucernak [55-1] (mp) [Entry date 02/10/94] 2/15/94 56 RESPONSE & Objection by dfts (all) to motion for Vaughn Index of "FBI" doc pertaining to pla's wife by pla Frank Kucernak [55-1] (mp) 2/23/94 57 REPLY by pla Frank Kucernak to response to motion for Vaughn Index of "FBI" doc pertaining to pla's wife by pla Frank Kucernak [55-1] (mp) [Entry date 02/25/94] 3/1/94 58 VAUGHN INDEX submitted by dft FBI (mp) [Entry date 03/03/94] 3/9/94 59 ORDER by Judge Paul G. Rosenblatt denying motion for Vaughn Index of "FBI" doc pertaining to pla's wife by pla Frank Kucernak [55-1] (cc: all counsel) (mp) 3/16/94 60 MOTION for leave to amend complaint by pla Frank Kucernak [60-1] (mp) [Entry date 03/17/94] Docket as of March 2, 1998 7:03 pm Page 7 Proceedings include all events. TERMED 2:93cv230 Kucernak, et al v. FBI, et al 3/16/94 61 SECOND MOTION for Vaughn Index of "FBI" docs pertaining to pla's wife by pla Frank Kucernak [61-1] (mp) [Entry date 03/17/94] 3/30/94 62 RESPONSE & Objection by dfts (all) to motion for Vaughn Index of "FBI" docs pertaining to pla's wife by pla Frank Kucernak [61-1] (mp) [Entry date 03/31/94] 3/30/94 63 RESPONSE & Objection by dfts (all) to motion for leave to amend complaint by pla Frank Kucernak [60-1] (mp) [Entry date 03/31/94] 4/8/94 64 MOTION for leave to amend complaint by pla Frank Kucernak [64-1] (Lodged doc at Clk's desk) (mp) 4/8/94 -- LODGED: Second Amended Complaint (mp) 4/8/94 65 MOTION to extend time to reply to dfts' resp & objection to pla's 2nd motion for "Vaugh" Index of FBI docs pertaining to pla's wife by pla Frank Kucernak [65-1] (mp) 4/8/94 66 REPLY by pla Frank Kucernak to response to motion for leave to amend complaint by pla Frank Kucernak [60-1] (mp) 4/13/94 67 RESPONSE by dft to motion for leave to amend complaint by pla Frank Kucernak [64-1] (mp) 4/13/94 68 REPLY by pla Frank Kucernak to response to motion for Vaughn Index of "FBI" docs pertaining to pla's wife by pla Frank Kucernak [61-1] (mp) [Entry date 04/14/94] 5/5/94 69 MOTION to vacate order req compliance w/LR 42(c) by dfts (all) [69-1] (mp) [Entry date 05/06/94] 8/3/94 70 MOTION to compel dfts to release docs generated during 8/72-12/82 by pla Frank Kucernak [70-1] (mp) [Entry date 08/04/94] 8/16/94 71 MOTION for enlargement of time limitations (to respond to motion to compel) by all dfts [71-1] (1st request) (la) [Entry date 08/17/94] 8/26/94 72 ORDER by Judge Paul G. Rosenblatt granting motion for enlargement of time limitations (to respond to motion to compel) by all dfts [71-1] (1st request); granting the dfts to & including 9/16/94 within which to respond to motion to compel dfts to release docs generated during 8/72-12/82 by pla Frank Kucernak [70-1] (cc: all counsel) (la) 9/13/94 73 MOTION for definite stmt to confer or deny the existence or non-existence of rec'ds by pla Frank Kucernak [73-1] (mp) [Entry date 09/14/94] Docket as of March 2, 1998 7:03 pm Page 8 Proceedings include all events. TERMED 2:93cv230 Kucernak, et al v. FBI, et al 9/15/94 74 RESPONSE by all dfts to motion to compel dfts to release docs generated during 8/72-12/82 by pla Frank Kucernak [70-1] (la) [Entry date 09/19/94] 9/23/94 75 REPLY by pla Frank Kucernak to response to motion to compel dfts to release docs generated during 8/72-12/82 by pla Frank Kucernak [70-1] (mp) 11/8/94 76 ORDER by Judge Rosenblatt denying motion for leave to amd cmp by pla Kucernak [60]; denying motion for Vaughn Index of "FBI" docs pertaining to pla's wife by pla Frank Kucernak [61]; denying motion for leave to amend complaint by pla Frank Kucernak [64]; granting motion to extend time to reply to dfts' resp & objection to pla's 2nd motion for "Vaugh" Index of FBI docs pertaining to pla's wife by pla Frank Kucernak [65]. Reply filed 4/13/94 (doc 68) shl be considered filed timely; granting motion to vacate order req compliance w/LR 42(c) by dfts (all) [69]; Court's order dated 12/21/94 (doc 48) is vacated to the extent that it sets forth 5/3/94 as the date for cmply w/42C. The order stands in all other respects; PTO ddlre set for 1/31/95; denying motion to compel dfts to release docs generated during 8/72-12/82 by pla Frank Kucernak [70]; granting motion for definite stmt to confer or deny the existence or non-existence of rec'ds by pla Frank Kucernak [73]. Dfts hv til 11/21/94 to file an afdvt attesting too the existence or non-existence of rec'ds in their possession which relate to pla and have been req by pla...see doc for full dtls (cc: all counsel) (mp) 11/21/94 77 NOTICE by dfts (all) of filing (mp) [Entry date 11/22/94] 11/28/94 78 MOTION for leave to file 2nd amended complaint by pla Frank Kucernak [78-1] (mp) [Entry date 11/29/94] 12/2/94 79 NOTICE by pla Frank Kucernak of service of pla's interrogatories to dfts (la) [Entry date 12/05/94] 12/15/94 80 NOTICE by dfts (all) of filing of original document (mp) [Entry date 12/16/94] 12/29/94 81 MOTION for review in a camera of the FBI's Vaughn Index docs by pla Frank Kucernak [81-1] (mp) [Entry date 12/30/94] 12/29/94 82 MOTION for more definite statement by pla Frank Kucernak [82-1] (mp) [Entry date 12/30/94] 1/3/95 83 MOTION for more definite statement by pla Frank Kucernak [83-1] (mp) [Entry date 01/04/95] Docket as of March 2, 1998 7:03 pm Page 9 Proceedings include all events. TERMED 2:93cv230 Kucernak, et al v. FBI, et al 1/25/95 84 RESPONSE to pla's motion to amend the complaint by dft [78]; motion for a more definite statement [82]; motion for in camera review [81] and CROSS-MOTION to prohibit further attempts to amend the cmp by dfts (all) [84-1], to extend time limitations (1st req) by dfts (all) [84-2], to vacate 42(c) complinace dates by dfts (all) [84-3] (mp) [Entry date 01/26/95] 1/31/95 85 MOTION to extend time to file proposed pretrial order by dfts (all) [85-1] (mp) [Entry date 02/01/95] 2/3/95 86 ORDER by Judge Paul G. Rosenblatt granting motion to extend time to file proposed pretrial order by dfts (all) [85-1]; PTO ddl reset for 2/6/95 (cc: all counsel) (la) 2/15/95 87 PROPOSED PRE-TRIAL ORDER received by pla Frank Kucernak (mp) [Entry date 02/16/95] 8/30/95 88 ORDER by Judge Paul G. Rosenblatt granting motion for leave to file 2nd amended complaint by pla Frank Kucernak [78-1]; denying w/out prej motion for review in a camera of the FBI's Vaughn Index docs by pla Kucernak [81]; denying motion for more definite statement by pla Frank Kucernak [82-1]; denying motion for more definite statement by pla Frank Kucernak [83]; granting motion to prohibit further attempts to amend the cmp by dfts (all) [84]; granting motion to extend time limitations (1st req) by dfts (all) [84-2]; denying as moot motion to vacate 42(c) complinace dates by dfts (all) [84-3]...see doc for full dtls (cc: all counsel) (ms) 8/30/95 89 AMENDED COMPLAINT by pla Frank Kucernak; jury demand [35-1]; adding Assia Kucernak (ms) 10/19/95 90 ANSWER by dfts (All) (ms) [Entry date 10/20/95] 2/21/96 91 ORDER by Judge Paul G. Rosenblatt setting a hearing for 1:30 3/11/96 at which dfts shall show cause why they have failed to comply with the order of this court dated 8/29/95 parties shall also be prepared at this hearing to report to the court the status of this Freedom of Information Act case (cc: all counsel) (tmc) 3/11/96 92 MOTION for summary judgment by FBI, Nat'l Security, CIA [92-1] (ms) 3/11/96 93 MEMORANDUM IN SUPPORT by FBI, Nat'l Security, CIA of motion for summary judgment by FBI, Nat'l Security, CIA [92-1] (ms) 3/11/96 94 STATEMENT OF FACTS by FBI, Nat'l Security, CIA re motion for summary judgment by FBI, Nat'l Security, CIA [92-1] (ms) Docket as of March 2, 1998 7:03 pm Page 10 Proceedings include all events. TERMED 2:93cv230 Kucernak, et al v. FBI, et al 3/11/96 95 MINUTE ENTRY Judge Inits: PGR Crt Rptr: VICKI REGER ORDER TO SHOW CAUSE HELD. Pltf has filed motion for summary judgment and defendant will have 30 days from this date (4/12/96) to file a response. [cc cnsl] [95-2] (mi) 3/27/96 96 MOTION to amend complaint by dropping Pla Assia Kucernak by pla Frank Kucernak [96-1] (lodged complaint at Clk's desk) (ms) [Edit date 03/27/96] 4/11/96 97 RESPONSE by pla (all) to motion for summary judgment by FBI, Nat'l Security, CIA [92-1] (ms) [Entry date 04/17/96] 4/11/96 98 STATEMENT OF Material Facts in dispute by pla (all) re motion for summary judgment by FBI, Nat'l Security, CIA [92-1] (ms) [Entry date 04/17/96] 5/30/96 99 MOTION for review in a camera of the FBI's Vaughn Index by pla Frank Kucernak [99-1] (ms) [Entry date 05/31/96] 10/10/96 100 ORDER by Judge Paul G. Rosenblatt denying motion to amend complaint by dropping Pla Assia Kucernak by pla Frank Kucernak [96-1]; denying motion for review in a camera of the FBI's Vaughn Index by pla Frank Kucernak [99-1]; granting motion for summary judgment by FBI, Nat'l Security, CIA [92-1] terminating case (cc: all counsel) (ms) 10/10/96 101 JUDGMENT: that having this Court granting dfts' motion for s/j; Pla take nothing. This cmp & action are hereby dismissed (cc: all counsel) re: judgment [101-1] (ms) 10/18/96 102 NOTICE OF APPEAL by pla Frank Kucernak from District Court judgment [101-1], and order [100-2] (cc: 9CCA/All Counsel/PGR) (rew) [Entry date 10/29/96] 10/18/96 103 REQUEST by pla Frank Kucernak for leave to proceed IFP re: appeal (rew) [Entry date 10/29/96] 10/18/96 104 AFFIDAVIT of Frank Kucernak in support of request to proceed IFP [103-1], re: appeal [102-1] (rew) [Entry date 10/29/96] 11/5/96 105 Transcript Designation and Ordering Form (rew) 11/5/96 -- Certificate of Record Transmitted to 9CCA [102-1] (rew) 12/18/96 -- Notification by 9CCA of Appellate Docket Number 96-17143 (rew) 10/23/97 -- Clerk's record on appeal transmitted to 9CCA; 2 volumes clerk's record; 2 bulkie documents (#58,94) in one expando (rew) 11/6/97 -- LETTER OF TRANSMITTAL from 9CCA Acknowledging receipt of DC record. (rew) Docket as of March 2, 1998 7:03 pm Page 11 Proceedings include all events. TERMED 2:93cv230 Kucernak, et al v. FBI, et al 3/2/98 106 CERTIFIED COPY of 9CCA Mandate affirming the decision of the District Court, re: 96-17143 (cc: all counsel/PGR) (rew) [END OF DOCKET: 2:93cv230] X---------------------------------------------------------------------------X