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Case TitleDISCEPOLO v. U.S. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv02351
Date Filed2016-11-28
Date ClosedOpen
JudgeJudge Dabney L. Friedrich
PlaintiffSARA DISCEPOLO
Case DescriptionSara Discepolo submitted a FOIA request to the U.S. Attorney's Office for the District of Connecticut for complaints she filed in 2000. She submitted a second FOIA request to the U.S. Attorney's Office for the District of Massachusetts for records about herself. The Executive Office for U.S. Attorney's responded to both requests by indicating that no records were found. She appealed the decisions to the Office of Information Policy, which upheld the no records response from the U.S. Attorney's Office in Connecticut. Discepolo claimed the Justice Department did not specifically respond to the denial of her request to the U.S. Attorney's Office for the District of Massachusetts. She filed suit on both claims.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [34]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-11-281COMPLAINT against U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 400, receipt number 4616081841) filed by SARA DISCEPOLO. (Attachments: # 1 Civil Cover Sheet)(zrdj) (Entered: 12/02/2016)
2016-11-28SUMMONS (3) Issued as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (zrdj) (Entered: 12/02/2016)
2016-12-192Case randomly reassigned to Judge Emmet G. Sullivan. Judge Randolph D. Moss no longer assigned to the case. (ztnr) (Entered: 12/19/2016)
2016-12-273RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 12/12/2016, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/9/2016. ( Answer due for ALL FEDERAL DEFENDANTS by 1/8/2017.) (zrdj) (Entered: 12/30/2016)
2017-01-094NOTICE of Appearance by Marsha Wellknown Yee on behalf of U.S. DEPARTMENT OF JUSTICE (Yee, Marsha) (Entered: 01/09/2017)
2017-01-095ANSWER to 1 Complaint by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Certificate of Service)(Yee, Marsha) (Entered: 01/09/2017)
2017-01-096RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 12/16/2016, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/16/2016. (jf) (Entered: 01/11/2017)
2017-02-237STANDING FOIA ORDER. Signed by Judge Emmet G. Sullivan on 2/23/2017. (lcegs4) (Entered: 02/23/2017)
2017-02-24Set/Reset Deadlines: Joint Scheduling Order due by 3/9/2017. (mac) (Entered: 02/24/2017)
2017-03-098PROPOSED BRIEFING SCHEDULE by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Yee, Marsha) (Entered: 03/09/2017)
2017-03-099RESPONSE re 7 STANDING FOIA Order filed by SARA DISCEPOLO. (jf) (Entered: 03/10/2017)
2017-03-1310MOTION for CM/ECF Password by SARA DISCEPOLO (jf) (Entered: 03/15/2017)
2017-03-1612MOTION to Permission to appear by telephone by SARA DISCEPOLO (jf) (Entered: 03/20/2017)
2017-03-1711MOTION for Protective Order by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Yee, Marsha) (Entered: 03/17/2017)
2017-03-22MINUTE ORDER. Upon consideration of the parties' proposed briefing schedules, the parties are directed to comply with the following briefing schedule: defendants motion for summary judgment shall be filed no later than April 6, 2017. Plaintiffs opposition shall be filed by no later than May 5, 2017. If plaintiff chooses to file a cross-motion, it shall be combined with the opposition and filed on the same date. Defendants reply and, if applicable, combined opposition shall be filed no later than June 7, 2017. Plaintiffs reply, if applicable, shall be filed no later than July 7, 2017. Signed by Judge Emmet G. Sullivan on 3/22/2017. (lcegs4, ) (Entered: 03/22/2017)
2017-03-23Set/Reset Deadlines: Defendants Motion For Summary Judgment due by 4/6/2017. Plaintiffs Opposition or Plaintiff Chooses To File A Cross-Motion, It Shall Be Combined With The Opposition due by 5/5/2017. Defendants Reply And, If Applicable, Combined Opposition due by 6/7/2017. Plaintiff Reply due by 7/7/2017. (mac) (Entered: 03/23/2017)
2017-03-29MINUTE ORDER granting 10 motion for CM/ECF username and password. The Clerks Office is directed to issue a user name and password to allow plaintiff to access the CM/ECF system. Signed by Judge Emmet G. Sullivan on 3/29/2017. (lcegs4) (Entered: 03/29/2017)
2017-03-3113Memorandum in opposition to re 11 MOTION for Protective Order filed by SARA DISCEPOLO. (jf) (Entered: 04/03/2017)
2017-04-03MINUTE ORDER granting 12 motion for permission to appear by telephone for status conferences and non-evidentiary hearings. Signed by Judge Emmet G. Sullivan on 4/3/2017. (lcegs4) (Entered: 04/03/2017)
2017-04-0514MOTION for Extension of Time to File Defendant's Motion for Summary Judgment and to Modify Remainder of Briefing Schedule by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Yee, Marsha) (Entered: 04/05/2017)
2017-04-06MINUTE ORDER granting 14 defendant's motion for extension of time. The parties are directed to comply with the following briefing schedule: Defendant's motion for summary judgment shall be filed by no later than May 18, 2017. Plaintiff's opposition shall be filed by no later than June 19, 2017. If plaintiff chooses to file a cross-motion, it shall be combined with the opposition and filed on the same date. Defendant's reply and, if applicable, combined opposition shall be filed no later than July 19, 2017. Plaintiffs reply, if applicable, shall be filed no later than August 18, 2017. Signed by Judge Emmet G. Sullivan on 4/6/2017. (lcegs4) (Entered: 04/06/2017)
2017-04-06Set/Reset Deadlines: Defendant's Motion For Summary Judgment due by 5/18/2017. Plaintiff's Opposition or If Plaintiff Chooses To File A Cross-Motion, It Shall Be Combined With The Opposition due by 6/19/2017. Defendant's Reply and, If Applicable, Combined Opposition due by 7/19/2017. Plaintiffs Reply, If Applicable, due by 8/18/2017. (mac) (Entered: 04/06/2017)
2017-04-1015REPLY to opposition to motion re 11 MOTION for Protective Order filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Certificate of Service)(Yee, Marsha) (Entered: 04/10/2017)
2017-04-21MINUTE ORDER granting in part and denying in part 11 defendant's motion for protective order. In view of plaintiff's stated intent to proceed to summary judgment without discovery, see Pl.'s Opp'n to Def.'s Mot. for Protective Order, ECF No. 13 , at 6, defendant is not required to respond to plaintiff's discovery requests at this time. Further, the Court notes that "in the exceptional case in which a court permits discovery in a FOIA action, such discovery should only occur after the government has moved for summary judgment." Taylor v. Babbit, 673 F.Supp.2d 20, 23 (D.D.C. 2009). Accordingly, plaintiff's request for discovery is premature. Signed by Judge Emmet G. Sullivan on 4/21/2017. (lcegs2) (Entered: 04/21/2017)
2017-05-1816MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts, # 2 Declaration Elisha Biega (CT), # 3 Declaration Susanne Husted (MA), # 4 Text of Proposed Order)(Yee, Marsha) (Entered: 05/18/2017)
2017-05-2617NOTICE by SARA DISCEPOLO (DISCEPOLO, SARA) (Entered: 05/26/2017)
2017-06-1918Cross MOTION for Summary Judgment , MOTION for Vaughn Index , MOTION for Declaratory Judgment by SARA DISCEPOLO (Attachments: # 1 Memorandum in Support, # 2 Exhibit Exhibit to Memorandum of Law, # 3 Statement of Facts, # 4 Declaration, # 5 Text of Proposed Order)(DISCEPOLO, SARA) (Entered: 06/19/2017)
2017-06-1919Memorandum in opposition to re 16 MOTION for Summary Judgment filed by SARA DISCEPOLO. (Attachments: # 1 Exhibit Attachment to Opposition, # 2 Statement of Facts, # 3 Declaration, # 4 Text of Proposed Order)(DISCEPOLO, SARA) (Entered: 06/20/2017)
2017-06-2020MOTION to Strike 16 MOTION for Summary Judgment Defendant's Declarations by SARA DISCEPOLO (Attachments: # 1 Memorandum in Support Defendant's Declarations, # 2 Declaration, # 3 Text of Proposed Order)(DISCEPOLO, SARA) (Entered: 06/20/2017)
2017-06-2021ERRATA Amended Proposed Order by SARA DISCEPOLO 18 Cross MOTION for Summary Judgment MOTION for Vaughn Index MOTION for Declaratory Judgment filed by SARA DISCEPOLO. (DISCEPOLO, SARA) (Entered: 06/20/2017)
2017-06-2022ERRATA Amended Proposed Order by SARA DISCEPOLO 19 Memorandum in Opposition, filed by SARA DISCEPOLO. (DISCEPOLO, SARA) (Entered: 06/20/2017)
2017-06-2323WITHDRAWN PURSUANT TO NOTICE FILED 6/24/2017..... MOTION for Discovery under Rule 56(d) , MOTION to Stay re 16 MOTION for Summary Judgment by SARA DISCEPOLO (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Text of Proposed Order)(DISCEPOLO, SARA) Modified on 6/26/2017 (znmw). (Entered: 06/23/2017)
2017-06-2424NOTICE OF WITHDRAWAL OF MOTION by SARA DISCEPOLO re 23 MOTION for Discovery under Rule 56(d) MOTION to Stay re 16 MOTION for Summary Judgment (DISCEPOLO, SARA) (Entered: 06/24/2017)
2017-06-2725MOTION for Discovery under Rule 56(d) , MOTION to Stay re 16 MOTION for Summary Judgment by SARA DISCEPOLO (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Text of Proposed Order)(DISCEPOLO, SARA) (Entered: 06/27/2017)
2017-06-27MINUTE ORDER. In light of the ongoing summary-judgment briefing in plaintiff's FOIA action, 25 plaintiff's motion for leave to take discovery is denied as premature. See Murphy v. F.B.I., 490 F. Supp. 1134, 1136 (D.D.C. 1980) ("Whether the instant case warrants discovery is a question of fact that can only be determined after the defendants file their dispositive motion and accompanying affidavits."). Signed by Judge Emmet G. Sullivan on June 27, 2017. (lcegs2) (Entered: 06/27/2017)
2017-06-2826MOTION for Reconsideration re Order on Motion for Discovery,, Order on Motion to Stay, (Minute Order dated June 27, 2017) , MOTION to Vacate Order Denying Plaintiff's Motion to Take Discovery and to Stay Defendant's Motion for Summary Judgment under Rule 56(d)(previous Doc # 25) (Doc # 25) by SARA DISCEPOLO (Attachments: # 1 Text of Proposed Order)(DISCEPOLO, SARA) (Entered: 06/28/2017)
2017-07-0527Memorandum in opposition to re 20 MOTION to Strike 16 MOTION for Summary Judgment Defendant's Declarations filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Yee, Marsha) (Entered: 07/05/2017)
2017-07-1228Memorandum in opposition to re 26 MOTION for Reconsideration re Order on Motion for Discovery,, Order on Motion to Stay, (Minute Order dated June 27, 2017) MOTION to Vacate Order Denying Plaintiff's Motion to Take Discovery and to Stay Defendant's Motion for Summary Judgment under Rule 56(d)(previous Doc # 25) (Doc # 25) filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Yee, Marsha) (Entered: 07/12/2017)
2017-07-17MINUTE ORDER referring this case to a Magistrate Judge for full case management, up to but excluding trial pursuant to Local Civil Rule 72.2. This includes, with respect to any potentially dispositive motions, the preparation of a report and recommendation pursuant to Local Civil Rule 72.3. The parties are reminded, that pursuant to Local Civil Rule 73.1, the parties may consent to the assignment of this action to a magistrate judge for all purposes, including trial. Consent of the district court judge is not necessary. Signed by Judge Emmet G. Sullivan on 7/17/2017. (lcegs1) (Entered: 07/17/2017)
2017-07-17CASE RANDOMLY REFERRED to Magistrate Judge G. Michael Harvey for full case management, up to but excluding trial pursuant to Local Civil Rule 72.2. (md) (Entered: 07/18/2017)
2017-07-1929REPLY to opposition to motion re 26 MOTION for Reconsideration re Order on Motion for Discovery,, Order on Motion to Stay, (Minute Order dated June 27, 2017) MOTION to Vacate Order Denying Plaintiff's Motion to Take Discovery and to Stay Defendant's Motion for Summary Judgment under Rule 56(d)(previous Doc # 25) (Doc # 25) filed by SARA DISCEPOLO. (DISCEPOLO, SARA) (Entered: 07/19/2017)
2017-07-1930REPLY to opposition to motion re 16 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration David Luczynski (EOUSA), # 2 Statement of Facts Defendant's Resp. to Plaintiff's "Additional Facts")(Yee, Marsha) (Entered: 07/19/2017)
2017-07-1931Memorandum in opposition to re 18 Cross MOTION for Summary Judgment MOTION for Vaughn Index MOTION for Declaratory Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration David Luczynski (EOUSA), # 2 Statement of Facts Defendant's Resp. to Plaintiff's "Additonal Facts", # 3 Text of Proposed Order)(Yee, Marsha) (Entered: 07/19/2017)
2017-08-1832REPLY to opposition to motion re 18 Cross MOTION for Summary Judgment MOTION for Vaughn Index MOTION for Declaratory Judgment filed by SARA DISCEPOLO. (DISCEPOLO, SARA) (Entered: 08/18/2017)
2017-12-04Case directly reassigned to Judge Dabney L. Friedrich. Judge Emmet G. Sullivan is no longer assigned to the case. (ztnr) (Entered: 12/04/2017)
2018-01-1933REPORT AND RECOMMENDATION. Signed by Magistrate Judge G. Michael Harvey on 1/19/2018. (lcgmh1) (Entered: 01/19/2018)
2018-01-1934MEMORANDUM OPINION AND ORDER denying 20 Motion to Strike. Signed by Magistrate Judge G. Michael Harvey on 1/19/18. (lcgmh1) Modified event title on 1/22/2018 (znmw). (Entered: 01/19/2018)
2018-01-3035MOTION for Extension of Time to File Objections by SARA DISCEPOLO (DISCEPOLO, SARA) (Entered: 01/30/2018)
2018-01-31MINUTE ORDER granting 35 Plaintiff's Motion for Extension of Time. Accordingly, it is ORDERED that the plaintiff shall file objections to the 33 Report and Recommendation and 34 Memorandum Opinion and Order on or before February 9, 2018. In accordance with Local Civil Rule 72.3(b), the objections shall specifically identify the portion of the report and/or recommendation to which objection is made, and the basis for such objections. Signed by Judge Dabney L. Friedrich on January 31, 2018. (JPF) (Entered: 01/31/2018)
2018-02-0936OBJECTIONS to 33 Report and Recommendation, 34 Order on Motion to Strike by SARA DISCEPOLO (DISCEPOLO, SARA) Modified event title on 2/12/2018 (znmw). (Entered: 02/09/2018)
2018-02-0937MOTION for Leave to File to submit additional evidence re 36 Appeal of Magistrate Judge Decision to District Court by SARA DISCEPOLO (DISCEPOLO, SARA) Modified event title on 2/12/2018 (znmw). (Entered: 02/09/2018)
2018-02-1038MOTION to Amend/Correct 36 Appeal of Magistrate Judge Decision to District Court by SARA DISCEPOLO (DISCEPOLO, SARA) (Entered: 02/10/2018)
2018-02-2339RESPONSE re 36 Objections Response to Plaintiff's Objections to the Magistrate Judge's Proposed Findings and Recommendations filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit)(Yee, Marsha) Modified to add link on 2/26/2018 (znmw). (Entered: 02/23/2018)
2018-03-0240REPLY re 36 Appeal of Magistrate Judge Decision to District Court filed by SARA DISCEPOLO. (DISCEPOLO, SARA) (Entered: 03/02/2018)
2018-05-08MINUTE ORDER. The Court is in receipt of the plaintiff's 37 Motion to Submit Additional Evidence and the plaintiff's 38 Motion to Correct/Amend Objections, which the defendant does not oppose. See Dkt. 39 at 3. It is ORDERED that the motions are GRANTED. The Court considers the information therein as appropriate in assessing the plaintiff's objections to the 33 Report and Recommendation. Signed by Judge Dabney L. Friedrich on May 8, 2018. (JPF) (Entered: 05/08/2018)
2018-05-0841MEMORANDUM OPINION & ORDER adopting Magistrate Judge G. Michael Harvey's 33 Report and Recommendation in its entirety; granting in part and denying in part the defendant's 16 Motion for Summary Judgment; denying without prejudice the plaintiff's 18 Cross-Motion for Summary Judgment; and denying the plaintiff's 26 Motion for Reconsideration. See text for details. Signed by Judge Dabney L. Friedrich on May 8, 2018. (JPF) (Entered: 05/08/2018)
2018-05-10MINUTE ORDER. On May 8, 2018, Judge Friedrich filed a Memorandum Opinion and Order [Dkt. 41] adopting the undersigned's Report and Recommendation [Dkt. 33]. Pursuant to that Order, on or before May 24, 2018, the parties shall submit a joint proposed briefing schedule for Defendant's renewed motion for summary judgment and any cross-motion for summary judgment to be filed by Plaintiff. SO ORDERED. Signed by Magistrate Judge G. Michael Harvey on 5/10/18. (lcgmh1) (Entered: 05/10/2018)
2018-05-10Set/Reset Deadlines: Proposed Briefing Schedule due by 5/24/2018 (lcgmh1) (Entered: 05/10/2018)
2018-05-2442PROPOSED BRIEFING SCHEDULE (Joint) by U.S. DEPARTMENT OF JUSTICE. (Yee, Marsha) (Entered: 05/24/2018)
2018-05-25MINUTE ORDER. The parties' joint proposed briefing schedule is ADOPTED. Defendant's renewed motion for summary judgment shall be filed on or before June 28, 2018; Plaintiff's opposition and cross-motion, supported by a single memorandum, shall be filed on or before July 26, 2018; Defendant's opposition to the cross-motion and reply to its own motion, supported by a single memorandum, shall be filed on or before August 23, 2018; Plaintiff's reply shall be filed on or before September 20, 2018. SO ORDERED. Signed by Magistrate Judge G. Michael Harvey on 5/25/18. (lcgmh1) (Entered: 05/25/2018)
2018-05-25Set/Reset Deadlines: Cross Motions due by 7/26/2018. Response to Cross Motions due by 8/23/2018. Reply to Cross Motions due by 9/20/2018. Summary Judgment motions due by 6/28/2018. Response to Motion for Summary Judgment due by 7/26/2018. Reply to Motion for Summary Judgment due by 8/23/2018. (lcgmh1) (Entered: 05/25/2018)
2018-06-2843MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts, # 2 Declaration David X. Sullivan, # 3 Text of Proposed Order)(Yee, Marsha) (Entered: 06/28/2018)
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