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Case TitleMoore v. The United States Postal Service
DistrictNorthern District of New York
CitySyracuse Syracuse
Case Number5:2017cv00773
Date Filed2017-07-14
Date Closed2018-10-09
JudgeU.S. District Judge Mae A. D'Agostino
PlaintiffDon M. Moore
Case DescriptionDon Moore submitted two FOIA requests to the U.S. Postal Service. The first FOIA request was for fit for duty letters sent to a non-existent address in Syracuse, NY. The second FOIA request was for a reduced scope of letter for single exam date. The agency responded to both requests by indicating that it had found no records. Moore filed administrative appeals of the denials, but was allegedly told that he had missed the deadline for filing an appeal. He ultimately filed suit.
Complaint issues: Litigation - Attorney's fees

DefendantThe United States Postal Service
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [52]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-07-141COMPLAINT FOR INJUNCTIVE RELIEF against The United States Postal Service filed by Don M. Moore. (Attachments: # 1 Civil Cover Sheet)(sfp, ) (Entered: 07/17/2017)
2017-07-142MOTION for Leave to Proceed in forma pauperis filed by Don M. Moore. (Attachments: # 1 Proposed Summons, # 2 Proposed Summons, # 3 Proposed Summons) Motions referred to Therese Wiley Dancks. (sfp, ) (Entered: 07/17/2017)
2017-07-143PRO SE HANDBOOK, LOCAL RULES and NOTICE issued and mailed to plaintiff. (sfp, ) (Entered: 07/17/2017)
2017-07-174TEXT-ONLY NOTICE REGARDING JUDGE D'AGOSTINO CASE DISPOSITION PILOT - Please refer to the Individual Rules and Practices of the Hon. Mae A. D'Agostino, U.S. District Judge, for guidance regarding the Case Disposition Pilot. http://www.nynd.uscourts.gov/sites/nynd/files/DAgostino_03142016.pdf . [Served by mail.] (sfp, ) (Entered: 07/17/2017)
2017-08-185NOTICE of Appearance by Charles E. Roberts on behalf of The United States Postal Service (Attachments: # 1 Certificate of Service)(Roberts, Charles) (Entered: 08/18/2017)
2017-08-186STATUS REPORT by The United States Postal Service. (Attachments: # 1 Certificate of Service)(Roberts, Charles) (Entered: 08/18/2017)
2017-08-187TEXT ORDER : Court has reviewed defendant's status report (Dkt. No. 6 ) concerning service of the complaint. The parties are advised that Plaintiff has made a motion (Dkt. No. 2 ) for leave to proceed in forma pauperis. Therefore, the Court is conducting an initial review of the complaint pursuant to 28 USC Section 1915. Once that review is complete, the Court will make further recommendations on service of the complaint if appropriate. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 8/18/2017. (A copy of this Text Order has been served on pro se party(ies) via regular mail.)(sg) (Entered: 08/18/2017)
2017-08-248Letter to Judge Dancks in response to Govt's 8/18/17 letter re service filed by Don Moore. (Attachments: # 1 Exhibit)(sfp, ) (Entered: 08/24/2017)
2017-09-119ORDER granting Pltf's 2 Motion for Leave to Proceed in forma pauperis. Clerk shall issued summons and forward it, along with GO 25 and a copy of the complaint to the USM for service upon the Deft.. Signed by Magistrate Judge Therese Wiley Dancks on 9/11/17. (Copy served via regular mail)(sfp, ) (Entered: 09/11/2017)
2017-09-1110Summons Issued as to The United States Postal Service. (Attachments: # 1 Summons, # 2 Summons)(sfp, ) (Entered: 09/11/2017)
2017-09-1111G.O. 25 FILING ORDER ISSUED: Rule 16 Initial Conference set for 12/11/2017 at 09:30 AM by telephone before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 12/4/2017. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) [Served by mail.](sfp, ) (Entered: 09/11/2017)
2017-11-1312STATUS REPORT by The United States Postal Service. (Roberts, Charles) (Entered: 11/13/2017)
2017-11-1313CERTIFICATE OF SERVICE by The United States Postal Service re 12 Status Report (Roberts, Charles) (Entered: 11/13/2017)
2017-11-1414Letter Motion inquiring about the status of this case filed by Don M. Moore submitted to Judge Dancks. (sfp, ) (Entered: 11/14/2017)
2017-11-1715TEXT ORDER: Court has reviewed status report (Dkt. No. 12 ) and the docket and notes that the summons and complaint do not appear to have been served yet by the U.S. Marshal. Therefore, the Rule 16 conference scheduled for 12/11/2017 and related deadlines (Dkt. No. 11 ) are adjourned and will be reset once service is complete. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 11/14/2017. (A copy of this Text Order has been served on pro se party(ies) via regular mail.)(sg ) (Entered: 11/17/2017)
2017-11-2016Letter to Magistrate Judge Dancks and AUSA Grant Jaquith re: service upon defts filed by Don Moore. (sfp, ) (Entered: 11/20/2017)
2017-11-2717TEXT ORDER : Court has reviewed plaintiff's letter (Dkt. No. 16 ) regarding service of the complaint. The docket indicates a summons was issued and the documents are out for service by the United States Marshal. Court will schedule the Rule 16 conference once service is complete.SO ORDERED by Magistrate Judge Therese Wiley Dancks on 11/27/2017. (A copy of this Text Order has been served on pro se party(ies) via regular mail.)(sg) (Entered: 11/27/2017)
2017-12-2818Letter to the Court re failure of proper service of process as Court ordered by USM filed by Don Moore. (sfp, ) Modified on 1/4/2018 (sfp, ). (Entered: 01/02/2018)
2018-01-0419Letter dated 12/29/17 re: Deshaune K. Stewart, Postal Shooting filed by Don Moore. (Attachments: # 1 Envelope)(sfp, ) (Entered: 01/04/2018)
2018-01-0420Letter dated 1/3/18 re: Improper signing of return receipts filed by Don Moore. (Attachments: # 1 Return Receipts of certified mail, # 2 Envelope)(sfp, ) (Entered: 01/04/2018)
2018-01-2421ANSWER to 1 Complaint by The United States Postal Service.(Roberts, Charles) (Entered: 01/24/2018)
2018-01-2422CERTIFICATE OF SERVICE by The United States Postal Service re 21 Answer to Complaint (Roberts, Charles) (Entered: 01/24/2018)
2018-01-29TEXT NOTICE OF RESCHEDULING OF THE R. 16 INITIAL CONFERENCE: The Telephone Initial Conference has been set for 2/26/2018 at 9:30 AM before Magistrate Judge Therese Wiley Dancks. The Court will initiate this call and will be using the telephone number shown on the docket provided by plaintiff unless advised otherwise. Civil Case Management Plan must be filed by 2/20/2018 and Mandatory Disclosures are to be exchanged by the parties on or before 2/20/2018. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (A copy of this text notice has been served on pro se party via regular mail.)(sg) (Entered: 01/29/2018)
2018-02-0223CIVIL CASE MANAGEMENT PLAN OBO THE US ONLY by The United States Postal Service. (Roberts, Charles) (Entered: 02/02/2018)
2018-02-0224Letter Motion from Charles E. Roberts for The United States Postal Service requesting waiving the Rule 26(f) requirement submitted to Judge Dancks . (Roberts, Charles) (Entered: 02/02/2018)
2018-02-0225CERTIFICATE OF SERVICE by The United States Postal Service re 23 CIVIL CASE MANAGEMENT PLAN, 24 Letter Motion from Charles E. Roberts for The United States Postal Service requesting waiving the Rule 26(f) requirement submitted to Judge Dancks (Roberts, Charles) (Entered: 02/02/2018)
2018-02-0226TEXT ORDER: Court has reviewed letter motion (Dkt. No. 24 ), which is granted. The parties need not conduct a Rule 26(f) conference prior to the Rule 16 conference scheduled for 2/26/2018 at 9:30am. However, Plaintiff should submit a civil case management plan by 2/19/2018 if he requests any deadlines which are different from those proposed by the defendant in Dkt. No. 23 . SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/2/2018. (A copy of this Text Order has been served on pro se party(ies) via regular mail.) (sg) (Entered: 02/02/2018)
2018-02-0527RESPONSE to Court's 1/29/18 Text Notice and also to Deft's 24 Letter; filed by Don M. Moore.(sfp, ) (Entered: 02/05/2018)
2018-02-0528TEXT ORDER: Court reviewed Plaintiff's letter response (Dkt. No. 27 ) which was received after the Court's Text Order (Dkt. No. 26 ) was issued. After considering Plaintiff's position as stated in Dkt. No. 27 , the Court makes no changes to Dkt. No. 26 . The parties are not required to confer pursuant to FRCP Rule 26(f) prior to the Rule 16 conference. However, the Rule 16 conference is still scheduled for 2/26/2018 with the Court as noticed (Text Notice 1/29/2018) and, as noted in Dkt. No. 26 , Plaintiff should submit a proposed civil case management plan by 2/19/2018 if he requests any deadlines which are different from those proposed by the defendant in Dkt. No. 23 . SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/5/2018. (A copy of this Text Order has been served on pro se party(ies) via regular mail.)(sg) (Entered: 02/05/2018)
2018-02-1629MOTION for Reconsideration re 28 & 26 Text Orders filed by Don M. Moore. (Attachments: # 1 Memo of Law, # 2 Affidavit, # 3 Affidavit of Service) (sfp, ) (Entered: 02/16/2018)
2018-02-21TEXT NOTICE re: 29 Motion for Reconsideration of Dkt. Nos. 26 and 28 : Motion returnable 4/5/2018 before Magistrate Judge Therese Wiley Dancks. Motion is on submission of the papers, no personal appearances required. Response to Motion due by 3/19/2018. No Repy permitted. (A copy of this text notice has been served on pro se party via regular mail.) (sg) (Entered: 02/21/2018)
2018-02-2130TEXT ORDER: Due to the last minute scheduling of a trial that creates a conflict on the Court's calendar, the 2/26/2018 Telephone Initial Conference has been RESCHEDULED for 3/28/2018 at 10:30 AM before Magistrate Judge Therese Wiley Dancks. The Court will initiate this call and will be using the telephone number shown on the docket provided by plaintiff unless advised otherwise. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/21/2018. (A copy of this Text Order has been served on pro se party(ies) via regular mail.)(sg) (Entered: 02/21/2018)
2018-02-2231Response to 29 Motion for Reconsideration for The United States Postal Service requesting That the Motion for Reconsideration be Denied submitted to Judge Hon. Therese Wiley Dancks . (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s), # 6 Exhibit(s))(Roberts, Charles) Modified on 2/22/2018 (sg, ). (Entered: 02/22/2018)
2018-03-0132CERTIFICATE OF SERVICE by The United States Postal Service re 31 Letter Motion for The United States Postal Service requesting That the Motion for Reconsideration be Denied submitted to Judge Hon. Therese Wiley Dancks (Roberts, Charles) (Entered: 03/01/2018)
2018-03-0533REPLY to Response to Motion re 29 MOTION for Reconsideration filed by Don M. Moore. (sfp, ) (Entered: 03/05/2018)
2018-03-0634TEXT ORDER: Court has reviewed plaintiff's letter motion (Dkt. No. 29 ) for reconsideration of the Court's Text orders (Dkt. Nos. 26 , 28 ), defendant's response (Dkt. No. 31 ), which contains a request that plaintiff communicate with defense counsel in written letters, and plaintiff's response and reply (Dkt. No. 33 ) to same. Plaintiff's request for reconsideration (Dkt. No. 29 ) is denied. However, Plaintiff should submit a civil case management plan with dates he proposes for discovery to the court by 3/21/2018. The Court will consider such a submission from plaintiff along with defendant's previously submitted civil case management plan (Dkt. No. 23 ) at the time of the Rule 16 conference now scheduled for 3/28/2018. At the present time, any further communication by plaintiff to defendant pertaining to any issues relevant in this action shall be sent by plaintiff via regular mail in writing directly to defendant's counsel. Plaintiff should not be communicating directly with defendant on any matters related to the issues in this case since defendant is represented by counsel. Court will address these issues further at the Rule 16 conference. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/6/2018. ( a copy of this Text order has been served on pro se party via regular mail.) (sg) (Entered: 03/06/2018)
2018-03-1935CIVIL CASE MANAGEMENT PLAN by Don M. Moore. (Attachments: # 1 Cover letter, # 2 Affidavit of service and envelope)(sfp, ) (Entered: 03/19/2018)
2018-03-2036LETTER BRIEF by The United States Postal Service. (Roberts, Charles) (Entered: 03/20/2018)
2018-03-2037CERTIFICATE OF SERVICE by The United States Postal Service re 36 LETTER BRIEF (Roberts, Charles) (Entered: 03/20/2018)
2018-03-2638Letter addressed to Judge Dancks and AUSA Roberts re discovery filed by Don Moore. (sfp, ) (Entered: 03/26/2018)
2018-03-28TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Initial Pretrial Conference held on 3/28/2018. Appearances: Don M. Moore, Plaintiff Pro Se; AUSA Charles Roberts for the Defendant. Court discusses with parties that this is an administrative record case. Government to serve amended R. 26 disclosures on Plaintiff by 4/6/2018. Discovery will be closed after that date. No other discovery is necessary, other than the amended R. 26 disclosures and no other deadlines are relevant in this case. Court sets Dispositive Motion filing deadline at 4/30/2018. (A copy of this text minute entry has been served on pro se party via regular mail.) (Digitally Recorded)) (sg) (Entered: 03/28/2018)
2018-03-2839TEXT ORDER: The Court made the following rulings at the 3/28/2018 Telephone Rule 16 Conference: Government to serve amended R. 26 disclosures on Plaintiff by 4/6/2018. Discovery will be closed after that date. No other discovery is necessary, other than the amended R. 26 disclosures and no other deadlines are relevant in this case. Court sets Dispositive Motion filing deadline at 4/30/2018. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/28/2018. (A copy of this Text Order has been served on pro se party(ies) via regular mail.)(sg) (Entered: 03/28/2018)
2018-03-3040Letter Motion from Don M. Moore for Don M. Moore requesting that the Court expedit this action with the The United States Postal Service complying with his FOIA request submitted to U.S. Magistrate Judge Therese Wiley Dancks. Also he further discusses the Rule 26 Conference in this letter. A copy of the letter that he sent to Assistant U.S. Attorney Roberts regarding Rule 26 Conference is attached. (Attachments: # 1 Affidavit of Service)(hmr) (Entered: 03/30/2018)
2018-04-0241TEXT ORDER: Court has reviewed letter motion (Dkt. No. 40 ) from plaintiff requesting the Court expedite this action. Parties participated in a Rule 26 conference (Text Minute Entry 3/28/2018) and set expedited deadlines (Dkt. No. 39 ) therefore, the letter motion is denied as moot. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/30/2018. (A copy of this Text Order has been served on pro se party(ies) via regular mail.) (sg) (Entered: 04/02/2018)
2018-04-3042MOTION for Summary Judgment Motion Hearing set for 6/5/2018 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 5/21/2018 Reply to Response to Motion due by 5/25/2018. filed by The United States Postal Service. (Attachments: # 1 Declaration Janine Castorina, # 2 Exhibit(s) A, # 3 Exhibit(s) B, # 4 Exhibit(s) C, # 5 Exhibit(s) D, # 6 Exhibit(s) E, # 7 Exhibit(s) F, # 8 Exhibit(s) G, # 9 Statement of Material Facts, # 10 Memorandum of Law) (Roberts, Charles) (Entered: 04/30/2018)
2018-04-3043CERTIFICATE OF SERVICE by The United States Postal Service re 42 MOTION for Summary Judgment (Roberts, Charles) (Entered: 04/30/2018)
2018-05-2144RESPONSE in Opposition re 42 MOTION for Summary Judgment filed by Don M. Moore. (Attachments: # 1 Declaration, # 2 Statement of Material Facts, # 3 Affidavit of Service, # 4 Envelope)(sfp, ) (Entered: 05/22/2018)
2018-05-2545REPLY to Response to Motion re 42 MOTION for Summary Judgment filed by The United States Postal Service. (Roberts, Charles) (Entered: 05/25/2018)
2018-05-2546CERTIFICATE OF SERVICE by The United States Postal Service re 45 Reply to Response to Motion (Roberts, Charles) (Entered: 05/25/2018)
2018-06-0147Letter Motion from Don Moore requesting permission to submit a surreply to the Declaration from Janine Castorina submitted to U.S. District Judge Mae A. D'Agostino. (Attachments: # 1 Envelope)(hmr) (Entered: 06/01/2018)
2018-06-0548TEXT ORDER granting 47 Letter Request: It is hereby ORDERED that the Plaintiff's request for leave to file a sur-reply is GRANTED. A Sur-reply, not to exceed 2 pages, may be filed on or before 6/15/18. Signed by U.S. District Judge Mae A. D'Agostino on 6/5/2018. (Copy mailed to pro se plaintiff) (ban) (Entered: 06/05/2018)
2018-06-1549SUR-REPLY to 45 Reply to Response to Motion re 42 MOTION for Summary Judgment filed by Don M. Moore. (hmr) (Entered: 06/15/2018)
2018-08-2750Letter from Don M. Moore regarding the status of his civil case. (jdp, ) (Entered: 08/27/2018)
2018-09-0651TEXT ORDER re 50 Letter Request: Plaintiff's 50 Letter, requests the status of his case. This case is fully briefed. No further submission on the motion is allowed. The motion will be decided in the order in which it was filed. Signed by U.S. District Judge Mae A. D'Agostino on 9/6/2018. (Copy served via regular mail)(ban) (Entered: 09/06/2018)
2018-10-0952MEMORANDUM-DECISION AND ORDER granting 42 Motion for Summary Judgment: The Court hereby ORDERS that the Defendant's motion for summary judgment (Dkt. No. 42) is GRANTED; and the Court further ORDERS that the Clerk of the Court shall enter judgment in Defendant's favor and close this case; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on the parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 10/9/2018. (Copy served via regular and certified mail)(ban) (Entered: 10/09/2018)
2018-10-0953JUDGMENT in favor of The United States Postal Service against Don M. Moore. (Copy served via regular and certified mail) (Attachments: # 1 Appeal Notice) (ban) (Entered: 10/09/2018)
2018-10-1554RETURN RECEIPT received served on Don M. Moore re 52 Order & 53 Judgment. (sfp, ) (Entered: 10/16/2018)
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by FOIA Project Staff
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