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Case TitlePEJOUHESH v. UNITED STATES POSTAL SERVICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv01684
Date Filed2017-08-15
Date ClosedOpen
JudgeJudge Randolph D. Moss
PlaintiffHASSAN ALI PEJOUHESH
DefendantUNITED STATES POSTAL SERVICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Opinion/Order [22]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-08-15Initiating Pleading & IFP Application Received on 8/15/2017. (jd) (Entered: 08/24/2017)
2017-08-151COMPLAINT against UNITED STATES POSTAL SERVICE filed by HASSAN ALI PEJOUHESH. (Attachments: # 1 Supplement, # 2 Envelope)(jd) (Additional attachment(s) added on 10/19/2017: # 3 Civil Cover Sheet) (jd). (Note: Filer did not submit pg. 5 of Complaint) Modified on 10/27/2017 (jd). (Entered: 08/24/2017)
2017-08-152MOTION for Leave to Proceed in forma pauperis by HASSAN ALI PEJOUHESH (jd) (Entered: 08/24/2017)
2017-08-153PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by HASSAN ALI PEJOUHESH (jd) (Entered: 08/24/2017)
2017-10-104ORDER directing an initial partial filing fee in the amount of $163.05 and Monthly Payments to be made from Prison Account of Hassan Ali Pejouhesh and granting MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Signed by Judge Amit P. Mehta on 10/5/2017. (jd) (Entered: 10/19/2017)
2017-10-10Case Assigned to Judge Randolph D. Moss. Unassigned is no longer assigned to the case. (jd) (Entered: 10/19/2017)
2017-10-195SUMMONS (3) Issued as to UNITED STATES POSTAL SERVICE, U.S. Attorney and U.S. Attorney General (jd) (Entered: 10/19/2017)
2017-11-216RESPONSE TO ORDER OF THE COURT re 4 Order Directing Prisoner Payment,,, filed by HASSAN ALI PEJOUHESH. "LET IT BE FILED" by Judge Randolph D. Moss (td) (Entered: 11/27/2017)
2017-11-29MINUTE ORDER: The Court entered an Order 4 directing Plaintiff to pay an initial partial filing fee in the amount of $163.05. In response, Plaintiff asserts that he is unable to pay that fee at present and has attached supporting documentation. Dkt. 6 . He requests that the Court waive the initial partial filing fee or, in the alternative, order him to pay 20% of his income in the preceding month toward that fee. Id. at 1. The Prison Litigation Reform Act provides, "In no event shall a prisoner be prohibited from bringing a civil action... for the reason that the prisoner has no assets and no means by which to pay the initial partial filing fee." 28 U.S.C. § 1915(b)(4). Accordingly, it is hereby ORDERED that the requirement that Plaintiff pay an initial partial filing fee is hereby WAIVED. It is further ORDERED that Plaintiff shall pay the entire statutory filing fee of $350 in monthly installments in accordance with the following instructions: (1) the authorized officer where Plaintiff is detained shall deduct from Plaintiff's prison account 20% of the preceding month's income each time the amount in the account exceeds $10, see 28 U.S.C. § 1915(b)(2); (2) the funds shall be paid to the Clerk of the United States District Court for the District of Columbia until the entire statutory filing fee of $350 is paid in full. The Clerk of Court is directed to mail a copy of this Order to Plaintiff at his address of record. Signed by Judge Randolph D. Moss on 11/29/2017. (lcrdm2, ) (Entered: 11/29/2017)
2017-12-087RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/06/2017. (jf) (Entered: 12/11/2017)
2017-12-228First MOTION for Extension of Time to File Defendant's Answer or Other Response to Plaintiff's Complaint by UNITED STATES POSTAL SERVICE (Adebonojo, Kenneth) (Entered: 12/22/2017)
2017-12-24MINUTE ORDER: Upon consideration of Defendant's motion for extension 8 , the motion is hereby GRANTED. Defendant shall answer or otherwise respond to the complaint on or before January 29, 2018. Signed by Judge Randolph D. Moss on 12/24/2017. (lcrdm2, ) (Entered: 12/24/2017)
2017-12-26Set/Reset Deadlines: Defendant shall answer or otherwise respond to the complaint on or before 1/29/2018. (kt) (Entered: 12/26/2017)
2018-01-189RESPONSE TO ORDER OF THE COURT (Objection) re Order on Motion for Extension of Time to, filed by HASSAN ALI PEJOUHESH. (td) (Entered: 01/22/2018)
2018-01-1810MOTION for Summary Judgment by HASSAN ALI PEJOUHESH; (See docket entry no. 9 to view.) (td) (Entered: 01/22/2018)
2018-01-2911MOTION for Extension of Time to File Defendant's Answer or Other Response to Plaintiff's Complaint by UNITED STATES POSTAL SERVICE (Adebonojo, Kenneth) (Entered: 01/29/2018)
2018-01-30MINUTE ORDER: Upon consideration of Defendant's motion for extension 11 , the motion is hereby GRANTED. It is hereby ORDERED that Defendant shall answer or otherwise respond to the complaint on or before February 28, 2018. Signed by Judge Randolph D. Moss on 1/30/2018. (lcrdm2, ) (Entered: 01/30/2018)
2018-01-30MINUTE ORDER: Plaintiff has filed a motion for summary judgment 9 , 10 based on "Defendant's failure to comply with the...Federal Rules of Civil Procedure" in seeking and obtaining an extension of time to answer or otherwise respond to Plaintiff's complaint. Dkt. 9 at 1-2. Defendant has not run afoul of any Federal Rule of Civil Procedure, and, in any event, summary judgment would not be an appropriate "remedy," Dkt. 9 at 1, for any such violation. The motion, accordingly, is hereby DENIED. Signed by Judge Randolph D. Moss on 1/30/2018. (lcrdm2, ) (Entered: 01/30/2018)
2018-01-30Set/Reset Deadlines: Defendant shall answer or otherwise respond to the complaint on or before 2/28/2018. (kt) (Entered: 01/30/2018)
2018-02-0112Summons Returned Unexecuted as to UNITED STATES POSTAL SERVICE. (td) (Entered: 02/02/2018)
2018-02-0113RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/22/2017. Answer due for ALL FEDERAL DEFENDANTS by 12/22/2017. (td) (Entered: 02/02/2018)
2018-02-2814MOTION for Extension of Time to File Defendant's Answer or Other Response to Plaintiff's Complaint by UNITED STATES POSTAL SERVICE (Adebonojo, Kenneth) (Entered: 02/28/2018)
2018-03-01MINUTE ORDER: Upon consideration of Defendant's motion for extension 14 , the motion is hereby GRANTED. It is hereby ORDERED that Defendant shall answer or otherwise respond to the complaint on or before March 5, 2018. Signed by Judge Randolph D. Moss on 3/1/2018. (lcrdm2, ) (Entered: 03/01/2018)
2018-03-01Set/Reset Deadlines: Defendant shall answer or otherwise respond to the complaint on or 3/5/2018. (kt) (Entered: 03/01/2018)
2018-03-0515MOTION for Extension of Time to File Defendant's Answer or Other Response to Plaintiff's Complaint by UNITED STATES POSTAL SERVICE (Adebonojo, Kenneth) (Entered: 03/05/2018)
2018-03-06MINUTE ORDER: Upon consideration of Defendant's motion for extension 15 , the motion is hereby GRANTED in part and DENIED in part. Defendant shall answer or otherwise respond to the complaint on or before March 20, 2018. No further extension will be granted absent a showing of extraordinary circumstances. Signed by Judge Randolph D. Moss on 3/6/2018. (lcrdm2, ) (Entered: 03/06/2018)
2018-03-06Set/Reset Deadlines: Defendant shall answer or otherwise respond to the complaint on or before 3/20/2018. (kt) (Entered: 03/06/2018)
2018-03-2016MOTION to Dismiss , MOTION for Summary Judgment by UNITED STATES POSTAL SERVICE (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D)(Adebonojo, Kenneth) (Entered: 03/20/2018)
2018-03-2517ORDER: It is hereby ORDERED that Plaintiff shall file a brief in opposition to Defendant's motion to dismiss or, in the alternative, for summary judgment on or before May 11, 2018. If Plaintiff does not respond to Defendant's motion to dismiss within the time provided, the Court may treat the motion as conceded, dismiss Plaintiff's claims for failure to prosecute, or rule on the motion to dismiss based on Defendant's arguments alone and without considering any arguments that Plaintiff may later wish to raise. If Plaintiff does not file a response to Defendant's motion for summary judgment within the time provided, Plaintiff may not have the opportunity to be heard on the motion and the Court may resolve the case based exclusively on Defendant's submission. See document for details. Signed by Judge Randolph D. Moss on 3/25/2018. (lcrdm2, ) (Entered: 03/25/2018)
2018-03-25Set/Reset Deadlines: Plaintiff shall file a brief in opposition to Defendant's motion to dismiss or, in the alternative, for summary judgment on or before 5/11/2018. (kt) (Entered: 03/25/2018)
2018-04-2018NOTICE of Non-service by HASSAN ALI PEJOUHESH; "LET IT BE FILED" signed 4/20/18 by Judge Randolph D. Moss (td) (Entered: 04/25/2018)
2018-04-2019MOTION to Strike 16 MOTION to Dismiss MOTION for Summary Judgment for Failure to Serve on Plaintiff as Required by Law, or in the alternative MOTION for Order for it to be served by HASSAN ALI PEJOUHESH; "Let IT BE FILED" signed 4/20/18 by Judge Randolph D. Moss (See docket entry no 18 to view.) (td) (Entered: 04/25/2018)
2018-05-0720NOTICE of (Re)Mailing of Defendant's Motion to Dismiss or in the Alternative for Summary Judgment by UNITED STATES POSTAL SERVICE re 19 MOTION to Strike 16 MOTION to Dismiss MOTION for Summary Judgment MOTION for Order, 18 Notice (Other) (Adebonojo, Kenneth) (Entered: 05/07/2018)
2018-05-17MINUTE ORDER: Plaintiff's motion to strike 19 Defendant's motion to dismiss or, in the alternative, for summary judgment 16 is hereby DENIED. Defendant has indicated that it has remailed its motion to Pejouhesh at his address of record (Beaumont FCI). In light of Plaintiff's indication that he has not yet received a copy of Defendant's motion, it is hereby ORDERED that Plaintiff's deadline to respond to Defendant's motion is CONTINUED to July 6, 2018. Signed by Judge Randolph D. Moss on 5/17/2018. (lcrdm2, ) (Entered: 05/17/2018)
2018-05-1721Letter dated 5/8/2018 from Hassan Ali Pejouhesh, "Let it be filed" by Judge Randolph D. Moss on 5/17/2018. (ztth) Modified on 5/21/2018 to correct text. (ztth) (Entered: 05/21/2018)
2018-05-18Set/Reset Deadlines: Response to Motion for Summary Judgment due by 7/6/2018. (kt) (Entered: 05/18/2018)
2019-03-2622MEMORANDUM OPINION AND ORDER: The Postal Service's motion to dismiss and/or for summary judgment, Dkt. 16, is hereby GRANTED in part and DENIED in part. See document for details. Signed by Judge Randolph D. Moss on 3/26/2019. (lcrdm2, ) (Entered: 03/26/2019)
2019-04-23MINUTE ORDER: It is hereby ORDERED that each party shall submit a status report on or before May 24, 2019 proposing a schedule for further proceedings in this litigation. Signed by Judge Randolph D. Moss on 4/23/2019. (lcrdm2, ) (Entered: 04/23/2019)
2019-04-24Set/Reset Deadlines: Individual Status Reports due by 5/24/2019. (kt) (Entered: 04/24/2019)
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by FOIA Project Staff
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