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Case TitleOCASIO v. MERIT SYSTEMS PROTECTION BOARD
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv01019
Date Filed2015-06-30
Date Closed2017-03-23
JudgeJudge Tanya S. Chutkan
PlaintiffJUAN CARLOS OCASIO
Case DescriptionJuan Carlos Ocasio submitted a FOIA request to the Merit Systems Protection Board for records concerning a case before the Board. The Board responded, but Ocasio was dissatisfied and filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantMERIT SYSTEMS PROTECTION BOARD
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [26]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-06-301COMPLAINT against MERIT SYSTEMS PROTECTION BOARD ( Filing fee $ 400, receipt number 4616071969) filed by JUAN CARLOS OCASIO. (Attachments: # 1 Civil Cover Sheet)(td) (Entered: 07/01/2015)
2015-06-30Summons (1) Issued as to MERIT SYSTEMS PROTECTION BOARD. (td) (Entered: 07/01/2015)
2015-06-302NOTICE OF RELATED CASE by JUAN CARLOS OCASIO. Case related to Case No. 13-921 TSC. (td) (Entered: 07/01/2015)
2015-07-023RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MERIT SYSTEMS PROTECTION BOARD served on 7/1/2015 (td) (Entered: 07/06/2015)
2015-07-134RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/9/2015. ( Answer due for ALL FEDERAL DEFENDANTS by 8/8/2015.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/9/15. (td) (Entered: 07/15/2015)
2015-08-065Consent MOTION for Extension of Time to Respond To Complaint by MERIT SYSTEMS PROTECTION BOARD (Truong, John) (Entered: 08/06/2015)
2015-08-07MINUTE ORDER: Granting 5 Consent Motion for Extension of Time to Answer. Defendant shall answer or otherwise respond to the complaint by September 25, 2015. Signed by Judge Tanya S. Chutkan on 8/7/15. (DJS) (Entered: 08/07/2015)
2015-08-07Set/Reset Deadlines: Answer due by 9/25/2015, (tth) (Entered: 08/07/2015)
2015-08-07NOTICE OF ERROR re 5 Motion for Extension of Time to; emailed to john.truong@usdoj.gov, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile the order with the correct case number. (td, ) (Entered: 08/07/2015)
2015-08-076NOTICE of Corrected Proposed Order by MERIT SYSTEMS PROTECTION BOARD (Truong, John) (Entered: 08/07/2015)
2015-09-247Consent MOTION for Extension of Time to Respond To Plaintiff's Complaint by MERIT SYSTEMS PROTECTION BOARD (Truong, John) (Entered: 09/24/2015)
2015-09-25MINUTE ORDER: Granting 7 Consent Motion for Extension of Time to Answer. Defendant shall answer or otherwise respond to the complaint by October 26, 2015. Signed by Judge Tanya S. Chutkan on 9/25/15. (DJS) (Entered: 09/25/2015)
2015-09-28Set/Reset Deadlines: Answer due by 10/26/2015. (zsm) (Entered: 09/28/2015)
2015-10-228Consent MOTION for Extension of Time to Respond To Plaintiff's Complaint by MERIT SYSTEMS PROTECTION BOARD (Truong, John) (Entered: 10/22/2015)
2015-10-23MINUTE ORDER: Granting 8 Consent Motion for Extension of Time to Answer. Defendant shall answer or otherwise respond to the complaint by December 4, 2015. Signed by Judge Tanya S. Chutkan on 11/23/15. (DJS) (Entered: 10/23/2015)
2015-10-23Set/Reset Deadlines: Answer due by 12/4/2015. (zsm) (Entered: 10/23/2015)
2015-12-049Consent MOTION for Extension of Time to Respond to Complaint and For Briefing Schedule by MERIT SYSTEMS PROTECTION BOARD (Truong, John) (Entered: 12/04/2015)
2015-12-07MINUTE ORDER: Granting 9 Consent Motion for Extension of Time to Respond to the Complaint. Defendant's Motion for summary judgment/motion to dismiss due February 19, 2016. Plaintiff's Opposition and, if necessary, combined cross-motion due by March 21, 2016. Defendant's Reply and, in necessary, combined opposition due to April 21, 2016. Plaintiff's Reply in support of cross-motion, if any, due May 5, 2016. Signed by Judge Tanya S. Chutkan on 12/7/15. (DJS) Modified on 12/7/2015 (DJS). (Entered: 12/07/2015)
2015-12-08Set/Reset Deadlines: Summary Judgment motions due by 2/19/2016. Response to Motion for Summary Judgment due by 3/21/2016. Reply to Motion for Summary Judgment due by 4/21/2016. Reply due by 5/5/2016. (zsm) (Entered: 12/08/2015)
2016-02-1910MOTION for Summary Judgment by MERIT SYSTEMS PROTECTION BOARD (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration of Tamesha Larbi and Exhibits, # 4 Declaration of Anthony Ellison, # 5 Exhibit A)(Truong, John) (Entered: 02/19/2016)
2016-03-2411MOTION for Extension of Time to File Response/Reply as to 10 MOTION for Summary Judgment by JUAN CARLOS OCASIO (td) (Entered: 03/25/2016)
2016-03-30MINUTE ORDER: Granting 11 Consent Motion for Extension of Time to File Response/Reply to 10 MOTION for Summary Judgment. Plaintiff's response due by 4/4/2016 The Clerk of the Court shall mail a copy of this order to: JUAN CARLOS OCASIO, 2245 Baker Avenue, Apartment 5D, Bronx, NY 10467. Signed by Judge Tanya S. Chutkan on 3/30/16. (DJS) (Entered: 03/30/2016)
2016-04-1112Memorandum in opposition to re 10 MOTION for Summary Judgment filed by JUAN CARLOS OCASIO.....STRICKEN IN PART (pp. 1-36; pp 38-59) PURSUANT TO ORDER FILED 4/22/2016. (td) Modified on 4/25/2016 (znmw). (Entered: 04/13/2016)
2016-04-1113Cross MOTION for Summary Judgment by JUAN CARLOS OCASIO; (See docket entry no. 12 to view document.) (td) (Entered: 04/13/2016)
2016-04-1114Judicial NOTICE by JUAN CARLOS OCASIO (td) (Entered: 04/13/2016)
2016-04-1915Consent MOTION for Extension of Time to File Opposition to Plaintiff's Cross Motion for Summary Judgment and to File Reply in Support of Defendant's Motion for Summary Judgment by MERIT SYSTEMS PROTECTION BOARD (Truong, John) (Entered: 04/19/2016)
2016-04-20MINUTE ORDER: Granting in part and denying in part 15 Defendant's Consent Motion for Extension of Time to file Reply Brief. Briefing in this action is hereby STAYED pending further order of the court. The Clerk of the Court shall mail a copy of this order to: JUAN CARLOS OCASIO, 2245 Baker Avenue, Apartment 5D, Bronx, NY 10467. Signed by Judge Tanya S. Chutkan on 4/20/16. (DJS) (Entered: 04/20/2016)
2016-04-2216FOX NEAL ORDER: Striking Plaintiff's Brief (ECF No. 12 at ECF pp. 1-36) and Plaintiff's Statement of Facts in Material Dispute (ECF No. 12 at ECF pp 38-59). Plaintiff shall file a new brief and statement of facts in response to Defendant's Summary Judgment motion 10 not later than May 31, 2016. Advising Plaintiff of the consequences should he fail to respond. (See order for further details). The Clerk of the Court shall mail a copy of this order to: JUAN CARLOS OCASIO, 2245 Baker Avenue, Apartment 5D, Bronx, NY 10467. Signed by Judge Tanya S. Chutkan on 4/22/16. (DJS) (Entered: 04/22/2016)
2016-04-25Set/Reset Deadlines: Brief due by 5/31/2016. (tth) (Entered: 04/25/2016)
2016-05-3117MOTION to Take Judicial Notice by JUAN CARLOS OCASIO (Part 1 of 2) (jf) (Entered: 06/03/2016)
2016-05-3118LARGE ADDITIONAL ATTACHMENT(S) by JUAN CARLOS OCASIO 17 MOTION to Take Judicial Notice filed by JUAN CARLOS OCASIO. (Part 2 of 2) (jf) (Entered: 06/03/2016)
2016-05-3119Memorandum in opposition to re 10 MOTION for Summary Judgment filed by JUAN CARLOS OCASIO. (jf) (Entered: 06/03/2016)
2016-06-3020Consent MOTION for Leave to File Reply Brief by MERIT SYSTEMS PROTECTION BOARD (Attachments: # 1 Gov. Ex. A and B)(Truong, John) (Entered: 06/30/2016)
2016-07-01MINUTE ORDER: Granting 20 Consent Motion for Leave to File Reply. Defendant shall file its reply brief not later than 7/6/16. Defendant's reply shall not exceed eight pages. Not later than 7/25/16, Plaintiff shall file a notice of dismissal if he is satisfied that the Defendant's most recent release of records constitutes the agency's full compliance with its obligations under FOIA. In the absence of a notice of dismissal, Plaintiff shall file a sur-reply brief by 7/25/16 not exceeding eight pages explaining, with specificity, the reason(s) Plaintiff believes the Defendant's most recent release of documents is deficient. The court will view with disfavor any requests for extension of these deadlines. The Clerk of the Court shall mail a copy of this order to: JUAN CARLOS OCASIO, 2245 Baker Avenue, Apartment 5D, Bronx, NY 10467. Signed by Judge Tanya S. Chutkan on 7/1/16. (DJS) (Entered: 07/01/2016)
2016-07-01Set/Reset Deadlines: Reply brief due by 7/6/2016. Notice due by 7/25/2016. (zsm) (Entered: 07/01/2016)
2016-07-0521Consent MOTION for Extension of Time to file Defendant's Reply brief by MERIT SYSTEMS PROTECTION BOARD (Truong, John). Added MOTION for Reconsideration on 7/6/2016 (znmw). (Entered: 07/05/2016)
2016-07-06MINUTE ORDER: Granting 21 Consent Motion for Reconsideration. The Court's 07/01/2016 Minute Order is hereby amended as follows: Defendant shall have up to and including August 1, 2016, to file its Reply brief. Plaintiff shall have up to and including 8/29/16 to file his stipulation of dismissal or response. In all other respects the court's 07/01/2016 Minute Order remains unchanged. The Clerk of the Court shall mail a copy of this order to: JUAN CARLOS OCASIO, 2245 Baker Avenue, Apartment 5D, Bronx, NY 10467. Signed by Judge Tanya S. Chutkan on 7/6/16. (DJS) (Entered: 07/06/2016)
2016-07-06Set/Reset Deadlines: Plaintiff's stipulation of dismissal or response due by 8/29/2016. Defendant's Reply brief due by 8/1/2016. (tth) (Entered: 07/06/2016)
2016-08-0122REPLY to opposition to motion re 10 MOTION for Summary Judgment filed by MERIT SYSTEMS PROTECTION BOARD. (Attachments: # 1 Govt Exhibits A to C)(Truong, John) (Entered: 08/01/2016)
2016-09-0223Memorandum in opposition to re 10 MOTION for Summary Judgment filed by JUAN CARLOS OCASIO. (Attachments: # 1 Part 2, # 2 Part 3, # 3 Part 4)(td) (Entered: 09/06/2016)
2016-09-0224Cross MOTION for Summary Judgment by JUAN CARLOS OCASIO; (See docket entry no. 23 to view) (td) (Entered: 09/06/2016)
2016-09-2225Memorandum in opposition to re 24 MOTION for Summary Judgment filed by MERIT SYSTEMS PROTECTION BOARD. (Truong, John) (Entered: 09/22/2016)
2016-09-23MINUTE ORDER: Before the court are a Defendant's Motion for Summary Judgment 10 , Plaintiff's Cross-Motion for Summary Judgment 13 , Plaintiff's Motion to Take Judicial Notice 17 (relating to the dispositive motions), an additional Motion for Summary Judgment by Plaintiff 24 (filed without leave of court) and numerous additional Memoranda filed by Plaintiff. The court requires no additional briefing in order to rule on the pending motions. Accordingly, the court hereby orders that-until the parties are notified to the contrary-no further filings in this action will be permitted absent leave of court. See Wallace v. Saffa, Civil Action No. 06-402 (RBW), 2007 WL 1020791, at *2 (D.D.C. Mar. 30, 2007) (discussing a court's ability to place filing restrictions on civil litigants); see also Whitehead v. Paramount Pictures Corp., 145 F. Supp. 2d 3, 56 (D.D.C. 2001), affd sub nom. Whitehead v. Paramount Picture Corp., No. 01-7062, 2001 WL 936260 (D.C. Cir. July 27, 2001). The Clerk of the Court shall mail a copy of this order to: JUAN CARLOS OCASIO, 2245 Baker Avenue, Apartment 5D, Bronx, NY 10467. Signed by Judge Tanya S. Chutkan on 9/23/16. (DJS) (Entered: 09/23/2016)
2017-03-2326MEMORANDUM AND OPINION: Re Defendant's Motion for Summary Judgment 10 ; Plaintiff's Motion to Take Judicial Notice 17 ; Plaintiff's Motions for Summary Judgment [19, 24]. The Clerk of the Court shall mail a copy of this Memorandum Opinion to: JUAN CARLOS OCASIO 2245 Baker Avenue, Apartment 5D, Bronx, NY 10467 Signed by Judge Tanya S. Chutkan on 3/23/17. (DJS) Modified on 3/23/2017 (DJS). (Entered: 03/23/2017)
2017-03-2327ORDER OF DISMISSAL : Granting 10 Defendant's Motion for Summary Judgment; Denying 17 Plaintiff's Motion to Take Judicial Notice; Denying Plaintiff's Motions for Summary Judgment 19 24 . Dismissing this action with prejudice. The Clerk of the Court shall mail a copy of this order to: JUAN CARLOS OCASIO 2245 Baker Avenue, Apartment 5D, Bronx, NY 10467. Signed by Judge Tanya S. Chutkan on 2/34/17. (DJS) (Entered: 03/23/2017)
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by FOIA Project Staff