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Case TitleVIOLA v. UNITED STATES DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv01411
Date Filed2016-07-01
Date ClosedOpen
JudgeJudge Tanya S. Chutkan
PlaintiffANTHONY L. VIOLA
Case DescriptionAnthony Viola, a federal prisoner, submitted a FOIA request to the FBI and the U.S. Attorney's Office for records concerning the Justice Department's improper actions in prosecuting individuals like Viola. Although Viola does not indicate what the FBI did in response to his request, there is no evidence that it provided the information he requested. As a result, Viola filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantUNITED STATES DEPARTMENT OF JUSTICE
DefendantUNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [32]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-07-071COMPLAINT against UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE ( Filing fee $ 400, receipt number 4616079173) filed by ANTHONY L. VIOLA. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(jf) (Entered: 07/08/2016)
2016-07-07SUMMONS (4) Issued as to UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (jf) (Entered: 07/08/2016)
2016-07-13SUMMONS (4) Issued as to UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (zmd). (Entered: 07/08/2016)
2016-08-092NOTICE of Appearance by Tammy Allison Holloway on behalf of UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE (Holloway, Tammy) (Entered: 08/09/2016)
2016-08-153RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/3/2016. ( Answer due for ALL FEDERAL DEFENDANTS by 9/2/2016.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/3/16., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO served on 7/25/2016 (td) (Entered: 08/17/2016)
2016-08-314MOTION for Extension of Time to Answer or file Dispositive Motion by UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Holloway, Tammy) (Entered: 08/31/2016)
2016-09-01MINUTE ORDER: Granting 4 Motion for Extension of Time to Answer. Defendants shall answer or otherwise respond to the complaint by October 3, 2016. The Clerk of the Court shall mail a copy of this order to: ANTHONY L. VIOLA, R32238-160, MCKEAN FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 8000, BRADFORD, PA 16701. Signed by Judge Tanya S. Chutkan on 9/1/16. (DJS) (Entered: 09/01/2016)
2016-09-02Set/Reset Deadlines: Answer due by 10/3/2016, (zsm) (Entered: 09/02/2016)
2016-09-305MOTION for Extension of Time to File Answer or file Dispositive Motion by UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Holloway, Tammy) (Entered: 09/30/2016)
2016-10-03MINUTE ORDER: Granting 5 Motion for Extension of Time to Answer. Defendants' deadline to answer or prepare a dispositive motion is hereby extended until November 3, 2016. The Clerk of the Court shall mail a copy of this order to: ANTHONY L. VIOLA, R32238-160, MCKEAN FEDERAL ORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 8000, BRADFORD, PA 16701. Signed by Judge Tanya S. Chutkan on 10/3/16. (DJS) (Entered: 10/03/2016)
2016-10-176MOTION to Compel the Government to answer plaintiff's complaint by ANTHONY L. VIOLA (jf) (Entered: 10/19/2016)
2016-11-037ANSWER to 1 Complaint, by UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE.(Holloway, Tammy) (Entered: 11/03/2016)
2016-11-038PROPOSED BRIEFING SCHEDULE by UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Holloway, Tammy) (Entered: 11/03/2016)
2016-11-039Memorandum in opposition to re 6 MOTION to Compel filed by UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE. (Holloway, Tammy) (Entered: 11/03/2016)
2016-11-1710NOTICE regarding Assistant U.S. Attorney Tammy Allison Holloway by ANTHONY L. VIOLA (td) (Entered: 11/21/2016)
2016-11-2811CERTIFICATE OF SERVICE by UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE re 9 Memorandum in Opposition, 7 Answer to Complaint, 10 Notice (Other), 8 Proposed Briefing Schedule (Amended Certificate of Service) . (Holloway, Tammy) (Entered: 11/28/2016)
2016-11-2812RESPONSE (Opposition) re 8 Proposed Briefing Schedule filed by ANTHONY L. VIOLA. (td) (Entered: 11/30/2016)
2016-12-15MINUTE ORDER: Denying 6 as Moot Plaintiff's Motion to Compel Defendants to Answer. Defendants shall file their motion for summary judgment no later than January 9, 2017. The Clerk of the Court shall mail a copy of this order to ANTHONY L. VIOLA, R32238-160, MCKEAN FEDERAL ORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 8000, BRADFORD, PA 16701. Signed by Judge Tanya S. Chutkan on 12/15/16. (DJS) (Entered: 12/15/2016)
2016-12-15Set/Reset Deadlines: Summary Judgment motions due by 1/9/2017. (zsm) (Entered: 12/15/2016)
2017-01-0613Second MOTION for Briefing Schedule by UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Holloway, Tammy) (Entered: 01/06/2017)
2017-01-13MINUTE ORDER: Inasmuch as Defendants' Motion for Summary Judgment was due 1/9/17 (see 12/15/2016 Min. Order) the court hereby treats the Defendants' Motion for a Briefing Schedule 13 as a motion for an extension of time in which to file its Motion for Summary Judgment. Defendants' motion is hereby granted. Going forward the parties shall be careful to fully read all orders. Defendants' Motion is due 2/9/17. Plaintiff's Response is due 3/9/17. Defendants' reply is due 3/29/17. The Clerk of the Court shall mail a copy of this order to: ANTHONY L. VIOLA, R32238-160, MCKEAN FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 8000, BRADFORD, PA 16701. Signed by Judge Tanya S. Chutkan on 1/13/17. (DJS) (Entered: 01/13/2017)
2017-01-17Set/Reset Deadlines: Summary Judgment motions due by 2/9/2017. Response to Motion for Summary Judgment due by 3/9/2017. Reply to Motion for Summary Judgment due by 3/29/2017. (tb) (Entered: 01/17/2017)
2017-01-1714Memorandum in opposition to re 13 Second MOTION for Briefing Schedule filed by ANTHONY L. VIOLA. (td) (Entered: 01/23/2017)
2017-02-0915MOTION for Summary Judgment by UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts, # 2 Exhibit, # 3 Text of Proposed Order)(Holloway, Tammy) (Entered: 02/09/2017)
2017-02-1016ERRATA by UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE 15 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO. (Attachments: # 1 Exhibit)(Holloway, Tammy) (Entered: 02/10/2017)
2017-02-1517FOX NEAL ORDER advising plaintiff to respond or Court may deem matter as conceded. The Clerk of the court shall mail a copy of this order to: ANTHONY L. VIOLA, R32238-160, MCKEAN FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 8000, BRADFORD, PA 16701. Response due by 3/16/2017 Signed by Judge Tanya S. Chutkan on 2/15/17. (DJS) (Entered: 02/15/2017)
2017-03-0218Memorandum in opposition to re 15 MOTION for Summary Judgment filed by ANTHONY L. VIOLA. (td) (Entered: 03/06/2017)
2017-03-2819MOTION for Extension of Time to File Response/Reply by UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE (Holloway, Tammy) (Entered: 03/28/2017)
2017-03-28MINUTE ORDER: The court hereby GRANTS 19 Defendants' Motion for Extension of Time to File Their Reply Brief. Defendants are ORDERED to file their Reply by 5/15/2017. The Clerk of the Court shall mail a copy of this order to: ANTHONY L. VIOLA, R32238-160, MCKEAN FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 8000, BRADFORD, PA 16701. Signed by Judge Tanya S. Chutkan on 3/28/2017. (lctsc2) (Entered: 03/28/2017)
2017-03-28Set/Reset Deadlines: Reply due by 5/15/2017. (tb) (Entered: 03/28/2017)
2017-04-0620MOTION to Take Judicial Notice by ANTHONY L. VIOLA (td) (Entered: 04/10/2017)
2017-05-0821MOTION for Sanctions by ANTHONY L. VIOLA (td) (Entered: 05/09/2017)
2017-05-1222NOTICE to Withdraw Motion for Summary Judgment and Motion for an Enlargement of Time to File Its renewed Motion for Summary Judgment by UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE (Holloway, Tammy) Modified on 5/15/2017 to correct docket event/text (jf). (Entered: 05/12/2017)
2017-05-15MINUTE ORDER: Upon consideration of 22 Defendants' Notice of Withdrawal of their Motion for Summary Judgment, it is hereby ORDERED that Defendants' Renewed Motion for Summary Judgment is due by 6/2/2017. Plaintiffs' Opposition is due by 7/14/2017, and Defendants' Reply is due by 8/4/2017. Signed by Judge Tanya S. Chutkan on 5/15/2017. The Clerk of the Court shall mail a copy of this order to: ANTHONY L. VIOLA, R32238-160, MCKEAN FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 8000, BRADFORD, PA 16701. (lctsc2) (Entered: 05/15/2017)
2017-05-16Set/Reset Deadlines: Renewed Summary Judgment motion due by 6/2/2017. Response to Motion for Summary Judgment due by 7/14/2017. Reply to Motion for Summary Judgment due by 8/4/2017. (tb) (Entered: 05/16/2017)
2017-06-0123MOTION for Summary Judgment by UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts, # 2 Exhibit, # 3 Text of Proposed Order)(Holloway, Tammy) (Entered: 06/01/2017)
2017-06-0824FOX NEAL ORDER advising plaintiff to respond or Court may deem matter as conceded. Response due by 7/14/2017. The Clerk of the Court shall mail a copy of this order to: ANTHONY L. VIOLA, R32238-160, MCKEAN FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 8000. BRADFORD, PA 16701. Signed by Judge Tanya S. Chutkan on 6/8/17. (DJS) (Entered: 06/08/2017)
2017-06-1625Memorandum in opposition to re 23 MOTION for Summary Judgment filed by ANTHONY L. VIOLA. (td) (Entered: 06/16/2017)
2017-07-2626NOTICE OF SUBSTITUTION OF COUNSEL by Melanie Dyani Hendry on behalf of UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE Substituting for attorney Tammy Holloway (Hendry, Melanie) (Entered: 07/26/2017)
2017-07-2627MOTION for Extension of Time to File Response/Reply by UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Proposed Order)(Hendry, Melanie) (Entered: 07/26/2017)
2017-07-27MINUTE ORDER: Granting 27 Motion for Extension of Time to File Response/Reply. Defendants' reply due September 8, 2017. Signed by Judge Tanya S. Chutkan on 7/27/17. (DJS) (Entered: 07/27/2017)
2017-08-01Set/Reset Deadlines: Defendants' Reply in support of its Motion for Summary Judgment is due by 9/8/2017. (jth) (Entered: 08/01/2017)
2017-08-2128SUPPLEMENTAL MEMORANDUM in Support of re 25 Memorandum in Opposition filed by ANTHONY L. VIOLA. (td) (Entered: 08/25/2017)
2017-09-0629MOTION for Extension of Time to File Response/Reply by UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Hendry, Melanie) (Entered: 09/06/2017)
2017-09-0830NOTICE re Confirmation of Exhausted All Administrative Remedies by ANTHONY L. VIOLA (jf) (Entered: 09/12/2017)
2017-09-2831REPLY to opposition to motion re 23 MOTION for Summary Judgment filed by UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Third Declaration of David Hardy)(Hendry, Melanie) (Entered: 09/28/2017)
2017-10-03MINUTE ORDER: Granting nunc pro tunc 29 Motion for Extension of Time to File Response/Reply. 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. The Clerk of the Court shall mail a copy of this order to: ANTHONY L. VIOLA, R32238-160, MCKEAN FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 8000. BRADFORD, PA 16701. Signed by Judge Tanya S. Chutkan on 10/3/17. (DJS) (Entered: 10/03/2017)
2018-03-3132MEMORANDUM AND OPINION re Defendant's Motion 23 for Summary Judgment. Signed by Judge Tanya S. Chutkan on 3/31/18. (DJS) (Entered: 03/31/2018)
2018-03-3133ORDER granting in part and denying in part 23 Defendant's Motion for Summary Judgment. The Clerk of the Court shall mail a copy of this ORDER and the accompanying Memorandum Opinion to: ANTHONY L. VIOLA, R32238-160, MCKEAN FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 8000, BRADFORD, PA 16701. Signed by Judge Tanya S. Chutkan on 3/31/18. (DJS) (Entered: 03/31/2018)
2018-03-31MINUTE ORDER finding as moot 20 Plaintiff's Motion to Take Judicial Notice; finding as moot 21 Plaintiff's Motion for Sanctions. Signed by Judge Tanya S. Chutkan on 3/31/18. (DJS) Modified event title on 4/2/2018 (znmw). (Entered: 03/31/2018)
2018-04-04MINUTE ORDER: By April 15, 2018 the Defendants shall file a status report and proposed schedule for moving forward on the remaining issue in this action. The Clerk of the Court shall mail a copy of this order to: ANTHONY L. VIOLA, R32238-160, MCKEAN FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 8000, BRADFORD, PA 16701. Signed by Judge Tanya S. Chutkan on 4/4/18. (DJS) (Entered: 04/04/2018)
2018-04-04Set/Reset Deadlines: Status Report and proposed schedule due by 4/15/2018. (jl) (Entered: 04/05/2018)
2018-04-1634STATUS REPORT and Proposed Schedule by UNITED STATES DEPARTMENT OF JUSTICE. (Hendry, Melanie) (Entered: 04/16/2018)
2018-04-16MINUTE ORDER: The FBI shall file its Motion for Summary Judgment by 5/25/18. Plaintiff's Response due 6/25/18. FBI's Reply due 7/20/18. The Clerk of the Court shall mail a copy of this order to: ANTHONY L. VIOLA, R32238-160, MCKEAN FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 8000, BRADFORD, PA 16701. Signed by Judge Tanya S. Chutkan on 4/16/18. (DJS) (Entered: 04/16/2018)
2018-04-17Set/Reset Deadlines: Summary Judgment motion due by 5/25/2018. Response to Motion for Summary Judgment due by 6/25/2018. Reply to Motion for Summary Judgment due by 7/20/2018. (tb) (Entered: 04/17/2018)
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