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Case TitleBERNEGGER v. EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv00563
Date Filed2017-03-29
Date ClosedOpen
JudgeJudge Randolph D. Moss
PlaintiffPETER M. BERNEGGER
Case DescriptionPeter Bernegger submitted a FOIA request to the Executive Office for U.S. Attorneys for records concerning alleged fraud allegations against a U.S. Attorney in Oxford, MS. After hearing nothing further from the agency, Bernegger filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Recovery of Costs

DefendantEXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS
DefendantEXECUTIVE OFFICE FOR UNITED STATES ATTORNEY
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [35]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-03-291COMPLAINT against EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS filed by PETER M. BERNEGGER. (Attachments: # 1 Civil Cover Sheet)(zrdj) (Entered: 03/31/2017)
2017-03-292MOTION FOR WAIVER OF FEES by PETER M. BERNEGGER (zrdj) (Entered: 03/31/2017)
2017-03-293MOTION TO HAVE US MARSHAL SERVE SUMMONS AND COMPLAINT by PETER M. BERNEGGER (zrdj) (Entered: 03/31/2017)
2017-03-294ORDER granting 2 Motion for WAIVER OF FEES ; granting 3 Motion TO HAVE US MARSHAL SERVE SUMMONS AND COMPLAINT. Signed by Judge Colleen Kollar-Kotelly on 3/27/2017. (zrdj) (Entered: 03/31/2017)
2017-03-29Initiating Pleading & IFP Application Received on 3/10/2017. (zrdj) (Entered: 03/31/2017)
2017-04-035SUMMONS (3) Issued as to EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, U.S. Attorney and U.S. Attorney General (zrdj) (Entered: 04/03/2017)
2017-05-016RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/27/2017., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY served on 4/27/2017 (zrdj) (Entered: 05/02/2017)
2017-05-167NOTICE of Appearance by Johnny Hillary Walker, III on behalf of EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Attachments: # 1 Certificate of Service)(Walker, Johnny) (Entered: 05/16/2017)
2017-05-178RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/16/2017. Answer due for ALL FEDERAL DEFENDANTS by 6/15/2017. (zrdj) (Entered: 05/18/2017)
2017-05-269MOTION for CM/ECF Password by PETER M. BERNEGGER (td) (Entered: 05/31/2017)
2017-05-2610MOTION to Amend/Correct 1 Complaint by PETER M. BERNEGGER (Attachments: # 1 Exhibit Amended Complaint)(td) (Entered: 05/31/2017)
2017-05-31MINUTE ORDER: Plaintiff's Motion for Leave to Amend His Complaint 10 is hereby GRANTED and his amended complaint, Dkt. 10 -1, is deemed FILED. Defendant is hereby ORDERED to answer or otherwise respond to Plaintiff's amended complaint on or before June 30, 2017. Signed by Judge Randolph D. Moss on 5/31/2017. (lcrdm1, ) Modified on 5/31/2017 to correct typo (kt). (Entered: 05/31/2017)
2017-05-31MINUTE ORDER: Upon consideration of Plaintiff's Motion to E-File 9 , the motion is hereby DENIED without prejudice. Under D.D.C. Local Rule 5.4(b)(2), a pro se party seeking leave of Court to obtain a CM/ECF user name and password must file a motion "describing the party's access to the internet" and "confirming the capacity to file documents and receive filings electronically on a regular basis." (The local rule also notes that the motion must "certify[] that [the pro se party]... has successfully completed the entire Clerk's Office on-line tutorial;" access to the CM/ECF tutorial will be provided should Plaintiff renew his motion to e-file in conformance with the requirements set out above. An actual CM/ECF password will not be provided until the tutorial has been successfully completed.). Because Plaintiff's motion does not currently include the information required by the local rules, the Court denies his motion but will permit him to refile his motion in accordance with the requirements described above. Signed by Judge Randolph D. Moss on 5/31/2017. (lcrdm1, ) (Entered: 05/31/2017)
2017-05-31Set/Reset Deadlines: Defendant's answer to Plaintiff's amended complaint due on or before 6/30/2017. (kt) (Entered: 05/31/2017)
2017-05-3111AMENDED COMPLAINT against EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY filed by PETER M. BERNEGGER.(jf) (Entered: 05/31/2017)
2017-06-2912ANSWER to 11 Amended Complaint by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY. Related document: 11 Amended Complaint filed by PETER M. BERNEGGER. (Attachments: # 1 Certificate of Service)(Walker, Johnny) (Entered: 06/29/2017)
2017-07-05MINUTE ORDER: The parties are hereby ORDERED to comply with the following briefing schedule: Defendant's motion for summary judgment shall be filed on or before August 4, 2017; Plaintiff's opposition to Defendant's motion for summary judgment and Plaintiff's cross-motion for summary judgment shall be filed on or before September 5, 2017; Defendant's reply in support of its motion for summary judgment and opposition to Plaintiff's cross-motion for summary judgment shall be filed on or before October 5, 2017; Plaintiff's reply in support of his cross-motion for summary judgment shall be filed on or before November 6, 2017. Signed by Judge Randolph D. Moss on 7/5/2017. (lcrdm1, ) (Entered: 07/05/2017)
2017-07-05Set/Reset Deadlines: Defendant's motion for summary judgment due on or before 8/4/2017; Plaintiff's opposition to Defendant's motion for summary judgment and Plaintiff's cross-motion for summary judgment due on or before 9/5/2017; Defendant's reply in support of its motion for summary judgment and opposition to Plaintiff's cross-motion for summary judgment due on or before 10/5/2017; Plaintiff's reply in support of his cross-motion for summary judgment due on or before 11/6/2017. (kt) (Entered: 07/05/2017)
2017-07-1013MOTION for Pre-Trial Conference by PETER M. BERNEGGER (jf) Modified on 7/13/2017 (znmw). (Entered: 07/12/2017)
2017-07-1014RESPONSE re 12 Answer to Amended Complaint filed by PETER M. BERNEGGER. (jf) (Entered: 07/12/2017)
2017-07-12MINUTE ORDER: The parties are hereby ORDERED to appear for a status conference on July 18, 2017, at 10:00 a.m. in Courtroom 21. Should any party wish to appear telephonically, that party shall contact the Courtroom Deputy Clerk at (202) 354-3084 to make the necessary arrangements. Signed by Judge Randolph D. Moss on 7/12/2017. (lcrdm1, ) (Entered: 07/12/2017)
2017-07-12Set/Reset Hearings: A Status Conference is set for 7/18/2017, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 07/12/2017)
2017-07-1315MOTION to Stay Court Order dated July 05, 2017 by PETER M. BERNEGGER (jf) (Entered: 07/14/2017)
2017-07-18Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 7/18/2017. Plaintiff's 13 Motion for Pre-Trial Conference and 15 Motion to Stay Court Order dated July 5, 2017 are DENIED; for the reasons stated on the record. The briefing schedule on summary judgment is HELD IN ABEYANCE. The parties shall meet and confer, then file a joint status report no later than 8/25/2017. A further Status Conference is set for 8/29/2017, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (Court Reporter: Elizabeth Saint-Loth.) (kt) (Entered: 07/18/2017)
2017-08-2516Joint STATUS REPORT by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY. (Attachments: # 1 Certificate of Service)(Walker, Johnny) (Entered: 08/25/2017)
2017-08-2517ERRATA and Notice of FIling Exhibits by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY 16 Status Report filed by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY. (Attachments: # 1 Exhibit 1: FOIA Request (Aug. 13, 2016), # 2 Exhibit 2: Letter from EOUSA to Bernegger (Aug. 23, 2017), # 3 Certificate of Service)(Walker, Johnny) (Entered: 08/25/2017)
2017-08-29Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 8/29/2017. The Plaintiff is directed to email the Defendant a copy of the FOIA request he contends is at issue in the lawsuit as to this case; Parties are to then confer. A further Status Conference is set for 9/13/2017, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (Court Reporter: Jeff Hook.) (kt) (Entered: 08/29/2017)
2017-09-1118NOTICE to Court by PETER M. BERNEGGER (td) (Entered: 09/13/2017)
2017-09-13Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 9/13/2017. Defendant's motion for summary judgment is due by 10/30/2017; Plaintiff's opposition and cross motion for summary judgment are due by 11/29/2017; Defendant's opposition to the cross motion for summary judgment and reply are due by 12/20/2017; Plaintiff's final reply due by 1/10/2018. (Court Reporter: Jeff Hook.) (kt) (Entered: 09/13/2017)
2017-10-2419Consent MOTION for Extension of Time to Move for Summary Judgment by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Walker, Johnny) (Entered: 10/24/2017)
2017-10-30MINUTE ORDER: Upon consideration of Defendant's Consent Motion for an Extension of Time to Move for Summary Judgment 19 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that (1) Defendant shall file its motion for summary judgment on or before November 13, 2017; (2) Plaintiff shall file his opposition and cross-motion for summary judgment on or before December 13, 2017; (3) Defendant shall file its opposition and reply on or before January 3, 2018; (4) Plaintiff shall file his reply on or before January 24, 2018. Signed by Judge Randolph D. Moss on 10/30/2017. (lcrdm1, ) (Entered: 10/30/2017)
2017-10-30Set/Reset Deadlines: Defendant shall file its motion for summary judgment on or before 11/13/2017; Plaintiff shall file his opposition and cross-motion for summary judgment on or before 12/13/2017; Defendant shall file its opposition and reply on or before 1/3/2018. (kt) (Entered: 10/30/2017)
2017-11-0720MOTION for Extension of Time to Move for Summary Judgment by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Walker, Johnny) (Entered: 11/07/2017)
2017-11-0921RESPONSE re 20 MOTION for Extension of Time to Move for Summary Judgment filed by PETER M. BERNEGGER. (td) (Entered: 11/14/2017)
2017-11-14MINUTE ORDER: Upon consideration of Defendant's Motion for Extension of Time to Move for Summary Judgment 20 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that (1) Defendant shall file its motion for summary judgment on or before December 13, 2017; (2) Plaintiff shall file his opposition and cross-motion for summary judgment on or before January 12, 2018; (3) Defendant shall file its opposition and reply on or before February 2, 2018; (4) Plaintiff shall file his reply on or before February 23, 2018. Signed by Judge Randolph D. Moss on 11/14/2017. (lcrdm1, ) (Entered: 11/14/2017)
2017-11-14Set/Reset Deadlines: Defendant shall file its motion for summary judgment on or before 12/13/2017; Plaintiff shall file his opposition and cross-motion for summary judgment on or before 1/12/2018; Defendant shall file its opposition and reply on or before 2/2/2018; Plaintiff shall file his reply on or before 2/23/2018. (kt) (Entered: 11/14/2017)
2017-12-1322MOTION for Summary Judgment by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration or Princina Stone, # 4 Declaration of Brenda Gill, # 5 Declaration of David Hardy, # 6 Text of Proposed Order, # 7 Certificate of Service)(Walker, Johnny) (Entered: 12/13/2017)
2017-12-1523ORDER: Plaintiff is hereby ORDERED to respond to Defendant's motion for summary judgment 22 on or before January 12, 2018. Signed by Judge Randolph D. Moss on 12/15/2017. (lcrdm1, ) Modified on 12/18/2017 to correct date (kt). (Main Document 23 replaced on 12/18/2017) (zkt). (Entered: 12/15/2017)
2017-12-18Set/Reset Deadlines: Response to Motion for Summary Judgment due by 1/22/2018. (kt) (Entered: 12/18/2017)
2017-12-2124NOTICE OF FILING REDACTED DOCUMENT to 22 MOTION for Summary Judgment by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (The original PDF Document contained privacy information and was restricted pursuant to the E-Government Act.) (Attachments: # 1 Declaration of Princina Stone, # 2 Declaration of Brenda Gill, # 3 Certificate of Service)(Walker, Johnny) (Entered: 12/21/2017)
2017-12-2625MOTION for Extension of Time to File Response/Reply as to 22 MOTION for Summary Judgment by PETER M. BERNEGGER (td) (Entered: 12/28/2017)
2017-12-2826RESPONSE re 25 MOTION for Extension of Time to File Response/Reply as to 22 MOTION for Summary Judgment filed by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY. (Attachments: # 1 Certificate of Service)(Walker, Johnny) (Entered: 12/28/2017)
2017-12-29MINUTE ORDER: Upon consideration of Plaintiff's Motion for Extension of Time 25 , it is hereby ORDERED that the motion is GRANTED. Plaintiff shall file his response to Defendant's motion for summary judgment on or before January 26, 2018. Signed by Judge Randolph D. Moss on 12/29/2017. (lcrdm1, ) (Entered: 12/29/2017)
2017-12-29Set/Reset Deadlines: Plaintiff shall file his response to Defendant's motion for summary judgment on or before 1/26/2018. (kt) (Entered: 12/29/2017)
2018-01-2628MOTION for Leave to File Excess Pages by PETER M. BERNEGGER (Attachments: # 1 Exhibit Opposition)(td) (Entered: 01/30/2018)
2018-01-2629Cross MOTION for Partial Summary Judgment by PETER M. BERNEGGER (td) (Entered: 01/30/2018)
2018-01-3027Consent MOTION to Modify the Briefing Schedule by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Walker, Johnny) (Entered: 01/30/2018)
2018-01-30MINUTE ORDER: Upon consideration of Defendant's Consent Motion for a Revised Briefing Schedule, 27 , it is hereby ORDERED that the motion is GRANTED. Defendant shall file its reply in support of its motion for summary judgment, its opposition to Plaintiff's cross-motion for summary judgment, and its opposition to Plaintiff's motion for discovery on or before February 16, 2018. It is further ORDERED that Plaintiff shall file his reply in support of his cross-motion for summary judgment and his reply in support of his motion for discovery on or before March 9, 2018. Signed by Judge Randolph D. Moss on 1/30/2018. (lcrdm1, ) (Entered: 01/30/2018)
2018-01-30MINUTE ORDER: Upon consideration of Plaintiff's Motion for Leave of Court to Expand Memorandum 28 , it is hereby ORDERED that the motion is GRANTED and the Opposition, Dkt. 28-1, is deemed FILED. Signed by Judge Randolph D. Moss on 1/30/2018. (lcrdm1, ) (Entered: 01/30/2018)
2018-01-3031Memorandum in opposition to re 22 MOTION for Summary Judgment filed by PETER M. BERNEGGER. (td) (Entered: 02/06/2018)
2018-01-31Set/Reset Deadlines: Defendant shall file its reply in support of its motion for summary judgment, its opposition to Plaintiff's cross-motion for summary judgment, and its opposition to Plaintiff's motion for discovery on or before 2/16/2018; Plaintiff shall file his reply in support of his cross-motion for summary judgment and his reply in support of his motion for discovery on or before 3/9/2018. (kt) (Entered: 01/31/2018)
2018-02-0130MOTION for Discovery by PETER M. BERNEGGER; "LET IT BE FILED" by Judge Randolph D. Moss (td) (Entered: 02/05/2018)
2018-02-1632Memorandum in opposition to re 29 MOTION for Partial Summary Judgment, 30 MOTION for Discovery filed by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY. (Attachments: # 1 Response to Plaintiff's Statement of Material Facts as to Which There Is No Genuine Issue, # 2 Supplemental Declaration of Brenda Gill)(Walker, Johnny) (Entered: 02/16/2018)
2018-02-1633REPLY to opposition to motion re 22 MOTION for Summary Judgment filed by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY. (Attachments: # 1 Supplemental Declaration of Brenda Gill, # 2 Certificate of Service)(Walker, Johnny) (Entered: 02/16/2018)
2018-03-0834REPLY to opposition to motion re 29 MOTION for Partial Summary Judgment, 30 MOTION for Discovery filed by PETER M. BERNEGGER. (td) (Entered: 03/09/2018)
2018-09-2035MEMORANDUM OPINION AND ORDER: Defendant's motion for summary judgment 22 , is GRANTED in part and DENIED in part; Plaintiff's cross-motion for partial summary judgment 29 , is DENIED without prejudice; and Plaintiff's motion for discovery 30 , is DENIED. See document for details. Signed by Judge Randolph D. Moss on 9/20/2018. (lcrdm1, ) (Entered: 09/20/2018)
2018-09-2836NOTICE of In Camera Submission by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY re 35 Memorandum & Opinion, (Attachments: # 1 Certificate of Service)(Walker, Johnny) (Entered: 09/28/2018)
2018-09-28MINUTE ORDER: The Court has reviewed the Defendant's in camera, ex parte submission of Plaintiff's Exhibit 10d 36 . Having reviewed the unredacted record, the Court finds that the redacted portions of the email chain involved purely internal communications within the United States Attorney's Office and that the redactions were lawful pursuant to FOIA Exemption 5. The Court accordingly grants summary judgment in favor of Defendant with respect to its application of Exemption 5 to the records at issue in this proceeding. Signed by Judge Randolph D. Moss on 9/28/2018. (lcrdm1, ) (Entered: 09/28/2018)
2018-10-02MINUTE ORDER: Upon consideration of the Plaintiff's Motion for Service 3 , it is hereby ORDERED that the motion is DENIED as moot. The U.S. Marshal has served process on Defendants, see Dkt. 7 , 8 , 10 , and Defendants have appeared before this Court, see Dkt. 9 . Signed by Judge Randolph D. Moss on 10/02/2018. (lcrdm1, ) (Entered: 10/02/2018)
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