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Case TitleMontenegro v. U.S. Department of Homeland Security
DistrictEastern District of Virginia
CityAlexandria
Case Number1:2017cv00209
Date Filed2017-02-23
Date Closed2017-05-16
JudgeDistrict Judge Leonie M. Brinkema
PlaintiffTristan di Montenegro
Case DescriptionTristan di Montenegro submitted two FOIA requests to the Department of Homeland Security by certified mail. The Postal Service tracking system indicated that the agency had received the requests. However, after hearing nothing further from the agency, Montenegro filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantU.S. Department of Homeland Security
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-02-231COMPLAINT against U.S. Department of Homeland Security, filed by Tristan di Montenegro. (Attachments: # 1 Attachment 1, # 2 Attachment 2, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Civil Cover Sheet)(dest, ) (Entered: 02/24/2017)
2017-02-232MOTION for Leave to Proceed in forma pauperis by Tristan di Montenegro. (dest, ) (Entered: 02/24/2017)
2017-02-243MOTION for Pro Se E-Noticing by Tristan di Montenegro. (dest, ) (Entered: 02/24/2017)
2017-02-274ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Signed by District Judge Leonie M. Brinkema on 02/23/2017. (jlan) (Entered: 02/27/2017)
2017-02-275ORDER granting 3 Motion for Pro Se E-Noticing. Signed by District Judge Leonie M. Brinkema on 02/27/2017. (jlan) (Entered: 02/27/2017)
2017-03-146Summons Issued to be served via USMS as to U.S. Department of Homeland Security, U.S. Attorney and U.S. Attorney General (dest, ) (Entered: 03/14/2017)
2017-03-217SUMMONS Returned Executed by Tristan di Montenegro. United States Attorney for the Eastern District of Virginia served on 3/20/2017, answer due 5/19/2017. (gwalk, ) Modified on 3/31/2017 (dest, ). (Entered: 03/21/2017)
2017-03-308Summons Returned Unexecuted as to U.S. Department of Homeland Security. (dest, ) (Entered: 03/31/2017)
2017-04-049SUMMONS Returned Executed as to the United States Attorney General (dest, ) (Entered: 04/05/2017)
2017-04-1910MOTION to Dismiss for Lack of Jurisdiction by U.S. Department of Homeland Security. (McCotter, R.) (Entered: 04/19/2017)
2017-04-1911Memorandum in Support re 10 MOTION to Dismiss for Lack of Jurisdiction filed by U.S. Department of Homeland Security. (Attachments: # 1 Exhibit FOIA Documents Request 1, # 2 Exhibit FOIA Documents Request 2, # 3 Exhibit Unpublished Decisions)(McCotter, R.) (Entered: 04/19/2017)
2017-04-1912Roseboro Notice as to Motion to Dismiss by U.S. Department of Homeland Security (McCotter, R.) (Entered: 04/19/2017)
2017-04-1913Notice of Hearing Date set for May 19, 2017 re 10 MOTION to Dismiss for Lack of Jurisdiction (McCotter, R.) (Entered: 04/19/2017)
2017-04-20Set Deadlines as to 10 MOTION to Dismiss for Lack of Jurisdiction . Motion Hearing set for 5/19/2017 at 10:00 AM in Alexandria Courtroom 600 before District Judge Leonie M. Brinkema. (clar, ) (Entered: 04/20/2017)
2017-05-1614ORDER granting 10 Motion to Dismiss for Lack of Jurisdiction and it is hereby ORDERED that the Complaint 1 be and is DISMISSED. To appeal this decision, plaintiff must file a written Notice of Appeal with the Clerk of this Court within 60 days of the date of the entry of this Order. The Clerk is directed to enter judgment in the defendant's favor pursuant to Fed. R. Civ. P.58. Signed by District Judge Leonie M. Brinkema on 5/16/17. (gwalk, ) (Entered: 05/16/2017)
2017-05-1615RULE 58 JUDGMENT (gwalk, ) Modified on 5/16/2017 to change to Rule 58 (gwalk, ). (Entered: 05/16/2017)
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by FOIA Project Staff