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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
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)
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by FOIA Project Staff