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Case TitleROSIERE v. UNITED STATES OF AMERICA
DistrictDistrict of New Jersey
CityTrenton
Case Number3:2016cv00341
Date Filed2016-01-19
Date Closed2017-10-12
JudgeJudge Brian R. Martinotti
PlaintiffSHAUN ROSIERE
Case DescriptionShaun Rosiere submitted a FOIA request to the Department of Justice for records about his criminal case in New Jersey. After the agency failed to respond, he filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantUNITED STATES OF AMERICA
AppealThird Circuit 16-4059
AppealThird Circuit 17-3306
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [61]
Opinion/Order [64]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-01-191Complaint Received. (Attachments: # 1 Exhibit s, # 2 Application IFP, # 3 Text of Proposed Order, # 4 Envelope)(km) (Entered: 01/20/2016)
2016-01-212ORDER Granting Application for In Forma Pauperis. The Clerk is Ordered to file the Complaint. Signed by Judge Freda L. Wolfson on 1/21/2016. (kas, ) (Entered: 01/21/2016)
2016-01-213CLERK'S LETTER: Transmittal of USM 285 Forms. (kas, ) (Entered: 01/21/2016)
2016-01-21COMPLAINT against UNITED STATES OF AMERICA, filed by SHAUN ROSIERE. Please refer to docket entry 1 for Complaint documents(kas, ) (Entered: 01/21/2016)
2016-01-294Letter (Notice of Compliance) from Shaun Rosiere. (kas, ) (Entered: 01/29/2016)
2016-02-035SUMMONS ISSUED as to UNITED STATES OF AMERICA Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. Issued By *KIM STILLMAN* (kas, ) (Entered: 02/03/2016)
2016-03-016SUMMONS Returned Executed by UNITED STATES OF AMERICA. UNITED STATES OF AMERICA served on 2/24/2016, answer due 4/24/2016. (kas, ) (Entered: 03/01/2016)
2016-05-037Pro Se Letter by Plaintiff Shaun Rosiere referencing service of complaint. (km) (Entered: 05/03/2016)
2016-05-098Clerk's ENTRY OF DEFAULT as to UNITED STATES OF AMERICA for failure to plead or otherwise defend. (km) (Entered: 05/09/2016)
2016-05-09CLERK'S QUALITY CONTROL MESSAGE - Please note the Clerk's Entry of Default filed by the Clerk's office on 5/9/2016 was docketed in error. Please disregard. (km) (Entered: 05/10/2016)
2016-05-099Request for Default by SHAUN ROSIERE against the United States of America. (km) (Entered: 05/10/2016)
2016-05-09CLERK'S QUALITY CONTROL MESSAGE - Please be advised that the Request for Default submitted by Shaun Rosiere on 5/9/2016 cannot be granted as requested because Plaintiff has not demonstrated complete proper service upon the United States. This submission will remain on the docket unless otherwise ordered by the Court. This message is for informational purposes only. (km) (Entered: 05/10/2016)
2016-05-1110Letter from Deputy Clerk in re: Service. (km) (Entered: 05/11/2016)
2016-05-1611MOTION for Extension of Time for Service upon the U.S.A. by SHAUN ROSIERE. (km) (Entered: 05/16/2016)
2016-05-16Set Deadlines as to 11 MOTION for Extension of Time to File. Motion set for 6/20/2016 before Magistrate Judge Tonianne J. Bongiovanni. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (km) (Entered: 05/16/2016)
2016-05-1612CERTIFICATE of USMS, 285 form returned (km) (Entered: 05/16/2016)
2016-05-1613SUMMONS ISSUED as to UNITED STATES OF AMERICA Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. Issued By *Karen McGonigle* (km) (Entered: 05/16/2016)
2016-07-0514SUMMONS Returned Executed by USMS. U.S. ATTORNEY ERIC MORAN served on 6/29/2016, answer due 7/29/2016. (km) Modified on 7/6/2016 (km). (Entered: 07/05/2016)
2016-07-0515Application and Proposed Order for Clerk's Order to extend time to answer as to Defendant United States of America. Attorney JESSICA ROSE O'NEILL for UNITED STATES OF AMERICA added. (Attachments: # 1 Certificate of Service)(O'NEILL, JESSICA) (Entered: 07/05/2016)
2016-07-05Clerk`s Text Order - The document 15 Application for Clerk's Order to Ext Answer/Proposed Order, submitted by UNITED STATES OF AMERICA has been GRANTED. The answer due date has been set for 8/12/2016. (km) Modified on 7/6/2016 (km). (Entered: 07/05/2016)
2016-07-0616ORDER denying 11 Motion for Extension of Time for Service as Moot. Signed by Magistrate Judge Tonianne J. Bongiovanni on 7/6/2016. (km) Modified on 7/7/2016 (gxh). (Entered: 07/06/2016)
2016-08-0817TEXT ORDER REASSIGNING CASE. Case reassigned to Judge Brian R. Martinotti for all further proceedings. Judge Freda L. Wolfson no longer assigned to case. So Ordered by Chief Judge Jerome B. Simandle on 8/8/2016. (gxh) (Entered: 08/08/2016)
2016-08-0918Letter from AUSA O'Neill requesting extension of time to respond to Complaint. (Attachments: # 1 Text of Proposed Order)(O'NEILL, JESSICA) (Entered: 08/09/2016)
2016-08-0919ORDER Extending Time, Defendant to answer, move, or otherwise respond to Plaintiff's Complaint by 9/12/2016. Signed by Magistrate Judge Tonianne J. Bongiovanni on 8/9/2016. (km) (Entered: 08/09/2016)
2016-09-0820Letter from AUSA O'Neill re Second Request for Extension of Time. (Attachments: # 1 Text of Proposed Order)(O'NEILL, JESSICA) (Entered: 09/08/2016)
2016-09-0921ORDER Granting Defendant time to answer, move, or otherwise respond to Plaintiff's Complaint by 10/12/2016. Signed by Magistrate Judge Tonianne J. Bongiovanni on 9/9/2016. (km) (Entered: 09/09/2016)
2016-09-2622APPLICATION to proceed IN FORMA PAUPERIS by SHAUN ROSIERE. (km) (Entered: 09/26/2016)
2016-09-26CLERK'S QUALITY CONTROL MESSAGE - Please note the Subpoena to Produced Documents attached to docket entry 22 filed by the Clerk's office on 9/26/2016 was docketed in error as an IFP Application. Please disregard. The Subpoena was sent the appropriate party. (km) (Entered: 09/26/2016)
2016-09-2923MOTION for Summary Judgment and MOTION to Compel Discovery by SHAUN ROSIERE. (km) (Entered: 09/29/2016)
2016-09-29Set Deadlines as to 23 MOTION for Summary Judgment. Motion set for 11/7/2016 before Judge Brian R. Martinotti. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (km) (Entered: 09/29/2016)
2016-09-29Set Deadlines as to 23 MOTION to Compel Discovery. Motion set for 11/7/2016 before Magistrate Judge Tonianne J. Bongiovanni. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (km) (Entered: 09/29/2016)
2016-10-1024Letter from AUSA O'Neill requesting 90 day stay of proceedings. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(O'NEILL, JESSICA) (Entered: 10/10/2016)
2016-10-1225LETTER ORDER granting 90 Day Stay. Defendant is to provide the Court with a status update by 1/12/2017. The Court DENIES WITHOUT PREJUDICE Plaintiff's 23 Motion for Summary Judgment and Plaintiff's Motion to Compel as premature since no answer has been filed yet. Signed by Magistrate Judge Tonianne J. Bongiovanni on 10/11/2016. (km) (Entered: 10/12/2016)
2016-11-0426NOTICE OF APPEAL as to 25 Order, by SHAUN ROSIERE. Filing fee IFP STATUS. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (mmh) (Entered: 11/04/2016)
2016-11-2127USCA Case Number 16-4059 for 26 Notice of Appeal (USCA), filed by SHAUN ROSIERE. USCA Case Manager Aina Laws (Document Restricted - Court Only) (ca3al, ) (Entered: 11/21/2016)
2017-01-0928MOTION for the Goverment to produce the FOIA documents or State for the Record that the documents do not exist by SHAUN ROSIERE. (km) (Entered: 01/09/2017)
2017-01-09Set Deadlines as to 28 MOTION for the Goverment to produce the FOIA documents or state for the record that the documents do not exist. Motion set for 2/6/2017 before Magistrate Judge Tonianne J. Bongiovanni. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (km) (Entered: 01/09/2017)
2017-01-0929NOTICE to the Court to resend any sent papers by the Clerk of the Court from the Last few months by SHAUN ROSIERE (km) (Entered: 01/09/2017)
2017-01-1230Letter from AUSA O'Neill Re Status. (O'NEILL, JESSICA) (Entered: 01/12/2017)
2017-01-1931LETTER ORDER that the stay in this matter will continue for an additional 45 days; Plaintiff's 28 Motion for the Government to produce the FOIA documents or State for the Record that the documents do not exist is terminated pending the Defendant's update which is to be submitted by 3/2/2017. Signed by Magistrate Judge Tonianne J. Bongiovanni on 1/19/2017. (km) (Entered: 01/19/2017)
2017-01-2032APPLICATION for the U.S. Government to Assign a Tracking Number for Each Request by SHAUN ROSIERE. (mmh) (Entered: 01/20/2017)
2017-01-3033LETTER ORDER that the government has until 3/2/2017 to provide its position regarding the requested records. Signed by Magistrate Judge Tonianne J. Bongiovanni on 1/30/2017. (km) (Entered: 01/30/2017)
2017-01-3134MOTION for the Court to Correct the Docket by SHAUN ROSIERE. (km) (Entered: 01/31/2017)
2017-01-3135MOTION for Reconsidering the additional 45 day stay by SHAUN ROSIERE. (km) (Entered: 01/31/2017)
2017-01-31Set Deadlines as to 35 MOTION for Reconsideration, 34 MOTION for the Court to Correct the Docket. Motion set for 3/6/2017 before Magistrate Judge Tonianne J. Bongiovanni. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (km) (Entered: 01/31/2017)
2017-02-0660ORDER of USCA dismissing appeal for lack of subject matter jurisdiction as to 26 Notice of Appeal (USCA), filed by SHAUN ROSIERE. (Finance notified) (mmh) (Entered: 07/19/2017)
2017-03-0236Letter from United States re: status update. (O'NEILL, JESSICA) (Entered: 03/02/2017)
2017-03-0337MOTION to Dismiss by UNITED STATES OF AMERICA. Responses due by 3/20/2017 (Attachments: # 1 Brief, # 2 Declaration of Kara Christenson with Exhibits, # 3 Declaration of David Luczynski with Exhibit, # 4 Declaration of Timothy Ritter with Exhibits, # 5 Declaration of Mary Ann Zimmerman with Exhibit, # 6 Text of Proposed Order, # 7 Certificate of Service)(O'NEILL, JESSICA) (Entered: 03/03/2017)
2017-03-0338Letter from AUSA Jessica O'Neill. (O'NEILL, JESSICA) (Entered: 03/03/2017)
2017-03-0339MOTION to Seal Declaration of Timothy Ritter and its Exhibits , MOTION to Seal Document 37 MOTION to Dismiss by UNITED STATES OF AMERICA. (Attachments: # 1 Declaration of Jessica O'Neill, # 2 Text of Proposed Order with Findings of Fact and Conclusions of Law, # 3 Certificate of Service)(O'NEILL, JESSICA) (Entered: 03/03/2017)
2017-03-03Set Deadlines as to 37 MOTION to Dismiss . Motion set for 4/3/2017 before Judge Brian R. Martinotti. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (km) (Entered: 03/03/2017)
2017-03-03Set Deadlines as to 39 MOTION to Seal Declaration of Timothy Ritter and its Exhibits MOTION to Seal Document 37 MOTION to Dismiss . Motion set for 4/3/2017 before Magistrate Judge Tonianne J. Bongiovanni. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (km) (Entered: 03/03/2017)
2017-03-0840LETTER ORDER denying 34 Motion to Correct the docket and denying 35 Motion for Reconsideration as Moot. Signed by Magistrate Judge Tonianne J. Bongiovanni on 3/7/2017. (km) (Entered: 03/08/2017)
2017-03-1341MOTION for Cross Examination of All Individuals Who Supplied Affidavits and Declarations by SHAUN ROSIERE. (km) (Entered: 03/13/2017)
2017-03-13Set Deadlines as to 41 MOTION for Cross Examination of All Individuals Who Supplied Affidavits and Declarations. Motion set for 4/17/2017 before Magistrate Judge Tonianne J. Bongiovanni. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (km) (Entered: 03/13/2017)
2017-03-1342MOTION for Extension of Time to File Response by SHAUN ROSIERE. (km) (Entered: 03/13/2017)
2017-03-13Set Deadlines as to 42 MOTION for Extension of Time to File Response. Motion set for 4/17/2017 before Magistrate Judge Tonianne J. Bongiovanni. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (km) (Entered: 03/13/2017)
2017-03-1543RESPONSE to Motion filed by SHAUN ROSIERE re 37 MOTION to Dismiss (km) (Entered: 03/15/2017)
2017-03-1544MOTION for Determination of Material Fact on the Issue of the Mail Box Rule by SHAUN ROSIERE. (km) (Entered: 03/15/2017)
2017-03-1545MOTION for Determination of Material Facts to Spell Out the Claims (Multiple) of the Case by SHAUN ROSIERE. (km) (Entered: 03/15/2017)
2017-03-15Set Deadlines as to 45 MOTION for Determination of Material Facts to Spell Out the Claims (Multiple) of the Case and 44 MOTION for Determination of Material Fact on the Issue of the Mail Box Rule. Motions set for 4/17/2017 before Magistrate Judge Tonianne J. Bongiovanni. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (km) (Entered: 03/15/2017)
2017-03-1546MOTION to Stay Case by SHAUN ROSIERE. (km) (Entered: 03/15/2017)
2017-03-15Set Deadlines as to 46 MOTION to Stay. Motion set for 4/17/2017 before Judge Brian R. Martinotti. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (km) (Entered: 03/15/2017)
2017-03-2047MOTION for the Determination of Material Fact by SHAUN ROSIERE. (km) (Entered: 03/20/2017)
2017-03-20Set Deadlines as to 47 MOTION for the Determination of Material Fact. Motion set for 4/17/2017 before Magistrate Judge Tonianne J. Bongiovanni. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (km) (Entered: 03/20/2017)
2017-03-2048Letter regarding status of the IRS FOIA request from SHAUN ROSIERE. (km) (Entered: 03/20/2017)
2017-03-2049Letter regarding status of the DOJ FOIA requests from SHAUN ROSIERE. (km) (Entered: 03/20/2017)
2017-03-2050Letter regarding status on the SSA FOIA request from SHAUN ROSIERE. (km) (Entered: 03/20/2017)
2017-03-2751Letter regarding Status on the BOP FOIA requests within Complaint from SHAUN ROSIERE. (km) (Entered: 03/27/2017)
2017-04-0652ORDER granting 39 Motion to Seal Documents. Signed by Magistrate Judge Tonianne J. Bongiovanni on 4/6/2017. (km) (Entered: 04/06/2017)
2017-04-2153Letter from United States in Response to Plaintiff's Pending Motions re 44 MOTION for Determination of Material Fact on the Issue of the Mail Box Rule, 47 MOTION for the Determination of Material Fact, 51 Letter, 49 Letter, 50 Letter, 45 MOTION for Determination of Material Fact on the Issue of Material Facts to Spell Out the Claims (Multiple) of the Case, 48 Letter, 46 MOTION to Stay, 42 MOTION for Extension of Time to File Response/Reply, 41 MOTION for Cross Examination of All Individuals Who Supplied Affidavits and Declarations. (Attachments: # 1 Text of Proposed Order)(O'NEILL, JESSICA) (Entered: 04/21/2017)
2017-04-2854MOTION for the Gov. Attorney to Follow Rules of Court and Local Procedures and MOTION to Strike an Unauthorized Filing Without Leave of the Court by SHAUN ROSIERE. (seb) (Entered: 04/28/2017)
2017-04-28Set Deadlines as to 54 MOTION for the Gov. Attorney to Follow Rules of Court and Local Procedures MOTION to Strike. Motion set for 6/5/2017 before Magistrate Judge Tonianne J. Bongiovanni. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (seb) (Entered: 04/28/2017)
2017-05-0155MOTION for the Issuance of the "Great Writ" by SHAUN ROSIERE. (km) (Entered: 05/01/2017)
2017-05-01Set Deadlines as to 55 MOTION for the Issuance of the "Great Writ". Motion set for 6/5/2017 before Judge Brian R. Martinotti. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (km) (Entered: 05/01/2017)
2017-05-0156APPLICATION to proceed IN FORMA PAUPERIS by SHAUN ROSIERE. (km) (Entered: 05/01/2017)
2017-05-1157LETTER ORDER that the Plaintiff is no longer permitted to file any motions without permission from the Court. Plaintiff may send a letter to this Court should he wish to file a motion or raise any other issue. Signed by Magistrate Judge Tonianne J. Bongiovanni on 5/11/2017. (km) (Entered: 05/11/2017)
2017-06-1958Letter regarding appointment of a special case master and appointment of counsel from SHAUN ROSIERE. (km) (Entered: 06/19/2017)
2017-07-0659Letter Order denying 58 application for Pro Bono Counsel and special case master for SHAUN ROSIERE. Signed by Magistrate Judge Tonianne J. Bongiovanni on 7/6/2017. (km) (Entered: 07/06/2017)
2017-10-1261OPINION filed. Signed by Judge Brian R. Martinotti on 10/12/2017. (km) (Entered: 10/12/2017)
2017-10-1262ORDER Dismissing Case. All pending Motions Dismissed as moot. Signed by Judge Brian R. Martinotti on 10/12/2017. (km) (Entered: 10/12/2017)
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by FOIA Project Staff