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Case TitlePEJOUHESH v. UNITED STATES POSTAL SERVICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv01684
Date Filed2017-08-15
Date ClosedOpen
JudgeJudge Randolph D. Moss
PlaintiffHASSAN ALI PEJOUHESH
DefendantUNITED STATES POSTAL SERVICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Opinion/Order [22]
FOIA Project Annotation: Judge Randolph Moss has ruled that the U.S. Postal Inspection Service properly withheld some records from Hassan Ali Pejouhesh in response to his request for records about his conviction and that Pejouhesh does not have standing to challenge the agency's records retention policy allowing the agency to destroy investigative records after litigation connected to an investigation is complete. The agency located 61 pages of responsive material. It released 23 pages with redactions under Exemption 6 (invasion of privacy), and Exemption 7(C) (invasion of privacy concerning law enforcement records) and withheld 17 pages entirely under Exemptions 6 and 7(C) as well as Exemption 7(E) (investigative methods or techniques). Pejouhesh filed an administrative appeal, arguing that the agency's search was inadequate because it did not find records that should have existed. The agency then told Pejouhesh that hard copy records had been destroyed once he exhausted the appeals of his conviction. Although Pejouhesh had failed to file an opposition to the agency's summary judgment motion, Moss nevertheless assessed the agency's claims on his behalf. Moss evaluated Pejouhesh's challenge to the agency's records retention policy as a policy and practice claim. Moss found Pejouhesh "has failed to otherwise explain how he has standing to seek injunctive or declaratory relief. With respect to any records Plaintiff sought that were not preserved, those records are gone, and neither an injunction nor a declaratory judgment can remedy that loss." Moss then found the agency had properly withheld records under Exemption 6 but indicated that there were problems with its withholdings under Exemption 7. He explained that on the present record "the Court cannot assess how Exemption 7(C) applies to the 'third party statements' that the Postal Service elected to withhold. To be sure, to the extent those statements disclose the names or other identifying information about witnesses, that information likely falls within the scope of the exemption, and it is also possible that everything contained in those statements could be used to identify a witness. It is also possible, however, that substantial portions of those statements do not raise any plausible privacy concern." As to the Exemption 7(E) claims, the agency claimed that the D.C. Circuit's decision in Public Employees for Environmental Responsibility v. International Boundary and Water Commission ("PEER"), 740 F. 3d 195 (D.C. Cir. 2014), brought up the question of whether the "risk of circumvention of the law" prong of Exemption 7(E) applied to "guidelines" or whether it also applies to "techniques and procedures." The agency suggested that a Second Circuit ruling properly interpreted the risk of circumvention prong to apply only to guidelines. But Moss indicated that "what the Postal Service fails to note, however, is that in the PEER case, the D.C. Circuit " after noting the split in authority " went on to say: 'This court has applied the "risk of circumvention of the law" requirement both to records containing guidelines and to records containing techniques and procedures.' That is the law of this Circuit, and this Court is bound to apply it."
Issues: Litigation - Jurisdiction - Standing, Exemption 7(E) - Prosecutorial guidelines - Risk of circumvention
Opinion/Order [58]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-08-15Initiating Pleading & IFP Application Received on 8/15/2017. (jd) (Entered: 08/24/2017)
2017-08-151COMPLAINT against UNITED STATES POSTAL SERVICE filed by HASSAN ALI PEJOUHESH. (Attachments: # 1 Supplement, # 2 Envelope)(jd) (Additional attachment(s) added on 10/19/2017: # 3 Civil Cover Sheet) (jd). (Note: Filer did not submit pg. 5 of Complaint) Modified on 10/27/2017 (jd). (Entered: 08/24/2017)
2017-08-152MOTION for Leave to Proceed in forma pauperis by HASSAN ALI PEJOUHESH (jd) (Entered: 08/24/2017)
2017-08-153PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by HASSAN ALI PEJOUHESH (jd) (Entered: 08/24/2017)
2017-10-104ORDER directing an initial partial filing fee in the amount of $163.05 and Monthly Payments to be made from Prison Account of Hassan Ali Pejouhesh and granting MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Signed by Judge Amit P. Mehta on 10/5/2017. (jd) (Entered: 10/19/2017)
2017-10-10Case Assigned to Judge Randolph D. Moss. Unassigned is no longer assigned to the case. (jd) (Entered: 10/19/2017)
2017-10-195SUMMONS (3) Issued as to UNITED STATES POSTAL SERVICE, U.S. Attorney and U.S. Attorney General (jd) (Entered: 10/19/2017)
2017-11-216RESPONSE TO ORDER OF THE COURT re 4 Order Directing Prisoner Payment,,, filed by HASSAN ALI PEJOUHESH. "LET IT BE FILED" by Judge Randolph D. Moss (td) (Entered: 11/27/2017)
2017-11-29MINUTE ORDER: The Court entered an Order 4 directing Plaintiff to pay an initial partial filing fee in the amount of $163.05. In response, Plaintiff asserts that he is unable to pay that fee at present and has attached supporting documentation. Dkt. 6 . He requests that the Court waive the initial partial filing fee or, in the alternative, order him to pay 20% of his income in the preceding month toward that fee. Id. at 1. The Prison Litigation Reform Act provides, "In no event shall a prisoner be prohibited from bringing a civil action... for the reason that the prisoner has no assets and no means by which to pay the initial partial filing fee." 28 U.S.C. § 1915(b)(4). Accordingly, it is hereby ORDERED that the requirement that Plaintiff pay an initial partial filing fee is hereby WAIVED. It is further ORDERED that Plaintiff shall pay the entire statutory filing fee of $350 in monthly installments in accordance with the following instructions: (1) the authorized officer where Plaintiff is detained shall deduct from Plaintiff's prison account 20% of the preceding month's income each time the amount in the account exceeds $10, see 28 U.S.C. § 1915(b)(2); (2) the funds shall be paid to the Clerk of the United States District Court for the District of Columbia until the entire statutory filing fee of $350 is paid in full. The Clerk of Court is directed to mail a copy of this Order to Plaintiff at his address of record. Signed by Judge Randolph D. Moss on 11/29/2017. (lcrdm2, ) (Entered: 11/29/2017)
2017-12-087RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/06/2017. (jf) (Entered: 12/11/2017)
2017-12-228First MOTION for Extension of Time to File Defendant's Answer or Other Response to Plaintiff's Complaint by UNITED STATES POSTAL SERVICE (Adebonojo, Kenneth) (Entered: 12/22/2017)
2017-12-24MINUTE ORDER: Upon consideration of Defendant's motion for extension 8 , the motion is hereby GRANTED. Defendant shall answer or otherwise respond to the complaint on or before January 29, 2018. Signed by Judge Randolph D. Moss on 12/24/2017. (lcrdm2, ) (Entered: 12/24/2017)
2017-12-26Set/Reset Deadlines: Defendant shall answer or otherwise respond to the complaint on or before 1/29/2018. (kt) (Entered: 12/26/2017)
2018-01-189RESPONSE TO ORDER OF THE COURT (Objection) re Order on Motion for Extension of Time to, filed by HASSAN ALI PEJOUHESH. (td) (Entered: 01/22/2018)
2018-01-1810MOTION for Summary Judgment by HASSAN ALI PEJOUHESH; (See docket entry no. 9 to view.) (td) (Entered: 01/22/2018)
2018-01-2911MOTION for Extension of Time to File Defendant's Answer or Other Response to Plaintiff's Complaint by UNITED STATES POSTAL SERVICE (Adebonojo, Kenneth) (Entered: 01/29/2018)
2018-01-30MINUTE ORDER: Upon consideration of Defendant's motion for extension 11 , the motion is hereby GRANTED. It is hereby ORDERED that Defendant shall answer or otherwise respond to the complaint on or before February 28, 2018. Signed by Judge Randolph D. Moss on 1/30/2018. (lcrdm2, ) (Entered: 01/30/2018)
2018-01-30MINUTE ORDER: Plaintiff has filed a motion for summary judgment 9 , 10 based on "Defendant's failure to comply with the...Federal Rules of Civil Procedure" in seeking and obtaining an extension of time to answer or otherwise respond to Plaintiff's complaint. Dkt. 9 at 1-2. Defendant has not run afoul of any Federal Rule of Civil Procedure, and, in any event, summary judgment would not be an appropriate "remedy," Dkt. 9 at 1, for any such violation. The motion, accordingly, is hereby DENIED. Signed by Judge Randolph D. Moss on 1/30/2018. (lcrdm2, ) (Entered: 01/30/2018)
2018-01-30Set/Reset Deadlines: Defendant shall answer or otherwise respond to the complaint on or before 2/28/2018. (kt) (Entered: 01/30/2018)
2018-02-0112Summons Returned Unexecuted as to UNITED STATES POSTAL SERVICE. (td) (Entered: 02/02/2018)
2018-02-0113RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/22/2017. Answer due for ALL FEDERAL DEFENDANTS by 12/22/2017. (td) (Entered: 02/02/2018)
2018-02-2814MOTION for Extension of Time to File Defendant's Answer or Other Response to Plaintiff's Complaint by UNITED STATES POSTAL SERVICE (Adebonojo, Kenneth) (Entered: 02/28/2018)
2018-03-01MINUTE ORDER: Upon consideration of Defendant's motion for extension 14 , the motion is hereby GRANTED. It is hereby ORDERED that Defendant shall answer or otherwise respond to the complaint on or before March 5, 2018. Signed by Judge Randolph D. Moss on 3/1/2018. (lcrdm2, ) (Entered: 03/01/2018)
2018-03-01Set/Reset Deadlines: Defendant shall answer or otherwise respond to the complaint on or 3/5/2018. (kt) (Entered: 03/01/2018)
2018-03-0515MOTION for Extension of Time to File Defendant's Answer or Other Response to Plaintiff's Complaint by UNITED STATES POSTAL SERVICE (Adebonojo, Kenneth) (Entered: 03/05/2018)
2018-03-06MINUTE ORDER: Upon consideration of Defendant's motion for extension 15 , the motion is hereby GRANTED in part and DENIED in part. Defendant shall answer or otherwise respond to the complaint on or before March 20, 2018. No further extension will be granted absent a showing of extraordinary circumstances. Signed by Judge Randolph D. Moss on 3/6/2018. (lcrdm2, ) (Entered: 03/06/2018)
2018-03-06Set/Reset Deadlines: Defendant shall answer or otherwise respond to the complaint on or before 3/20/2018. (kt) (Entered: 03/06/2018)
2018-03-2016MOTION to Dismiss , MOTION for Summary Judgment by UNITED STATES POSTAL SERVICE (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D)(Adebonojo, Kenneth) (Entered: 03/20/2018)
2018-03-2517ORDER: It is hereby ORDERED that Plaintiff shall file a brief in opposition to Defendant's motion to dismiss or, in the alternative, for summary judgment on or before May 11, 2018. If Plaintiff does not respond to Defendant's motion to dismiss within the time provided, the Court may treat the motion as conceded, dismiss Plaintiff's claims for failure to prosecute, or rule on the motion to dismiss based on Defendant's arguments alone and without considering any arguments that Plaintiff may later wish to raise. If Plaintiff does not file a response to Defendant's motion for summary judgment within the time provided, Plaintiff may not have the opportunity to be heard on the motion and the Court may resolve the case based exclusively on Defendant's submission. See document for details. Signed by Judge Randolph D. Moss on 3/25/2018. (lcrdm2, ) (Entered: 03/25/2018)
2018-03-25Set/Reset Deadlines: Plaintiff shall file a brief in opposition to Defendant's motion to dismiss or, in the alternative, for summary judgment on or before 5/11/2018. (kt) (Entered: 03/25/2018)
2018-04-2018NOTICE of Non-service by HASSAN ALI PEJOUHESH; "LET IT BE FILED" signed 4/20/18 by Judge Randolph D. Moss (td) (Entered: 04/25/2018)
2018-04-2019MOTION to Strike 16 MOTION to Dismiss MOTION for Summary Judgment for Failure to Serve on Plaintiff as Required by Law, or in the alternative MOTION for Order for it to be served by HASSAN ALI PEJOUHESH; "Let IT BE FILED" signed 4/20/18 by Judge Randolph D. Moss (See docket entry no 18 to view.) (td) (Entered: 04/25/2018)
2018-05-0720NOTICE of (Re)Mailing of Defendant's Motion to Dismiss or in the Alternative for Summary Judgment by UNITED STATES POSTAL SERVICE re 19 MOTION to Strike 16 MOTION to Dismiss MOTION for Summary Judgment MOTION for Order, 18 Notice (Other) (Adebonojo, Kenneth) (Entered: 05/07/2018)
2018-05-17MINUTE ORDER: Plaintiff's motion to strike 19 Defendant's motion to dismiss or, in the alternative, for summary judgment 16 is hereby DENIED. Defendant has indicated that it has remailed its motion to Pejouhesh at his address of record (Beaumont FCI). In light of Plaintiff's indication that he has not yet received a copy of Defendant's motion, it is hereby ORDERED that Plaintiff's deadline to respond to Defendant's motion is CONTINUED to July 6, 2018. Signed by Judge Randolph D. Moss on 5/17/2018. (lcrdm2, ) (Entered: 05/17/2018)
2018-05-1721Letter dated 5/8/2018 from Hassan Ali Pejouhesh, "Let it be filed" by Judge Randolph D. Moss on 5/17/2018. (ztth) Modified on 5/21/2018 to correct text. (ztth) (Entered: 05/21/2018)
2018-05-18Set/Reset Deadlines: Response to Motion for Summary Judgment due by 7/6/2018. (kt) (Entered: 05/18/2018)
2019-03-2622MEMORANDUM OPINION AND ORDER: The Postal Service's motion to dismiss and/or for summary judgment, Dkt. 16, is hereby GRANTED in part and DENIED in part. See document for details. Signed by Judge Randolph D. Moss on 3/26/2019. (lcrdm2, ) (Entered: 03/26/2019)
2019-04-23MINUTE ORDER: It is hereby ORDERED that each party shall submit a status report on or before May 24, 2019 proposing a schedule for further proceedings in this litigation. Signed by Judge Randolph D. Moss on 4/23/2019. (lcrdm2, ) (Entered: 04/23/2019)
2019-04-24Set/Reset Deadlines: Individual Status Reports due by 5/24/2019. (kt) (Entered: 04/24/2019)
2019-05-2823STATUS REPORT by HASSAN ALI PEJOUHESH. (Attachments: # 1 Exhibit 1-2)(ztd) (Entered: 06/03/2019)
2019-06-04MINUTE ORDER: On April 23, 2019, the Court ordered the parties to each submit a status report on or before May 24, 2019 proposing a schedule for further proceedings in this litigation. That date has now passed, and although Plaintiff has submitted a status report, Dkt. 23, Defendant has not done so. It is ORDERED that Defendant shall file a status report on or before June 7, 2019 responding to Plaintiff's status report and proposing a schedule for further proceedings. Signed by Judge Randolph D. Moss on 6/4/2019. (lcrdm2, ) (Entered: 06/04/2019)
2019-06-04Set/Reset Deadlines: Defendant's Status Report due by 6/7/2019, responding to Plaintiff's status report and proposing a schedule for further proceedings. (dot) (Entered: 06/04/2019)
2019-06-0724STATUS REPORT by UNITED STATES POSTAL SERVICE. (Adebonojo, Kenneth) (Entered: 06/07/2019)
2019-06-10MINUTE ORDER: In light of the parties' individual status reports, it is hereby ORDERED that the following schedule shall govern further proceedings: Defendant shall file Motion for Summary Judgment on or before July 16, 2019, Plaintiff shall file an Opposition on or before August 27, 2019, and Defendant shall file a Reply on or before September 17, 2019. Signed by Judge Randolph D. Moss on 6/10/2019. (lcrdm2, ) (Entered: 06/10/2019)
2019-06-10Set/Reset Deadlines: Defendant shall file Motion for Summary Judgment on or before 7/16/2019; Plaintiff shall file an Opposition on or before 8/27/2019; Defendant shall file a Reply on or before 9/17/2019. (kt) (Entered: 06/10/2019)
2019-07-1525MOTION for Extension of Time to File Defendant's Renewed Motion for Summary Judgment by UNITED STATES POSTAL SERVICE (Adebonojo, Kenneth) (Entered: 07/15/2019)
2019-07-16MINUTE ORDER: Upon consideration of the Defendant's motion to extend the time to file renewed motion for summary judgment, Dkt. 25, it is hereby ORDERED that the motion is GRANTED. Defendant shall file its renewed motion for summary judgment on or before July 31, 2019. Signed by Judge Randolph D. Moss on 07/16/2019. (lcrdm2, ) (Entered: 07/16/2019)
2019-07-16Set/Reset Deadlines: Defendant's renewed Summary Judgment motion due by 7/31/2019. (kt) (Entered: 07/16/2019)
2019-07-2626MOTION to Quash, MOTION to Strike 24 Status Report by HASSAN ALI PEJOUHESH (Attachments: # 1 Exhibit A-G)(ztd) (Entered: 07/29/2019)
2019-07-3027MOTION for Extension of Time to File Defenant's Renewed Motion for Summary Judgment by UNITED STATES POSTAL SERVICE (Adebonojo, Kenneth) (Entered: 07/30/2019)
2019-08-02MINUTE ORDER: Upon consideration of the Defendant's motion to extend the time to file renewed motion for summary judgment, Dkt. 27, it is hereby ORDERED that the motion is GRANTED. Defendant shall file its renewed motion for summary judgment on or before September 2, 2019. Signed by Judge Randolph D. Moss on 08/02/2019. (lcrdm2, ) (Entered: 08/02/2019)
2019-08-02Set/Reset Deadlines: Defendant shall file its renewed motion for summary judgment on or before 9/2/2019. (kt) (Entered: 08/02/2019)
2019-08-0628ORDER: Plaintiff's motion to strike, Dkt. 26 , is hereby DENIED. Defendant is hereby ORDERED to mail copies of its motion to dismiss or in the alternative motion for summary judgment and of its June 7, 2019 status report to Plaintiff on or before August 13, 2019. It is further ORDERED that Plaintiffs deadline to respond to Defendants motion is CONTINUED to September 7, 2019. Finally, Plaintiffs request for appointment of counsel is DENIED. See document for details. Signed by Judge Randolph D. Moss on 8/6/2019. (lcrdm2, ) Modified on 8/6/2019 to add deadlines in docket entry text(kt). (Main Document 28 replaced on 8/6/2019) (zkt). (Entered: 08/06/2019)
2019-08-06Set/Reset Deadlines: Plaintiff's time to effectuate service upon party due by 8/13/2019; Plaintiff's Response due by 9/7/2019. (kt) (Entered: 08/06/2019)
2019-09-0429MOTION for Extension of Time to File Defendant's Renewed Motion for Summary Judgment by UNITED STATES POSTAL SERVICE (Adebonojo, Kenneth) (Entered: 09/04/2019)
2019-09-06MINUTE ORDER: Upon due consideration of the Defendant's motion to extend the time to file renewed motion for summary judgment, Dkt. 29, it is hereby ORDERED that the motion is GRANTED. Defendant shall file its renewed motion for summary judgment on or before September 27, 2019. Signed by Judge Randolph D. Moss on 09/06/2019. (lcrdm2, ) (Entered: 09/06/2019)
2019-09-09Set/Reset Deadlines: Defendant's Renewed Summary Judgment motion due by 9/27/2019. (kt) (Entered: 09/09/2019)
2019-09-2730Final MOTION for Extension of Time to FIle Defendant's Renewed Motion for Summary Judgment by UNITED STATES POSTAL SERVICE (Adebonojo, Kenneth) (Entered: 09/27/2019)
2019-09-28MINUTE ORDER: Upon consideration of Defendant's motion to extend the time to file renewed motion for summary judgment, Dkt. 30, it is hereby ORDERED that the motion is GRANTED. Defendant shall file its renewed motion for summary judgment on or before October 1, 2019. Signed by Judge Randolph D. Moss on 09/28/2019. (lcrdm2, ) (Entered: 09/28/2019)
2019-09-30Set/Reset Deadlines: Defendant's Summary Judgment motion due by 10/1/2019. (kt) (Entered: 09/30/2019)
2019-10-0131MOTION for Summary Judgment (Renewed by UNITED STATES POSTAL SERVICE (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Exhibit)(Adebonojo, Kenneth) (Entered: 10/02/2019)
2019-10-0332FOX/NEAL ORDER: Plaintiff is hereby ORDERED to respond to Defendant's renewed motion for summary judgment, Dkt. 31, on or before October 22, 2019. See document for details. Signed by Judge Randolph D. Moss on 10/03/2019. (lcrdm2, ) (Entered: 10/03/2019)
2019-10-03Set/Reset Deadlines: Plaintiff's Response to 31 Motion for Summary Judgment due by 10/22/2019. (dot) (Entered: 10/03/2019)
2019-10-3133MOTION for Service by Certified Mail by HASSAN ALI PEJOUHESH (ztd) (Entered: 11/01/2019)
2019-11-05MINUTE ORDER: Upon consideration of Plaintiff's Motion for Service, Dkt. 33, and, in an abundance of caution, Defendant is hereby ORDERED to re-serve its renewed motion for summary judgment, Dkt. 31, and all accompanying materials, Dkt. 31-1; 31-2; 31-3, on Plaintiff at his address of record on or before November 19, 2019. In light of this Order, Plaintiff's deadline to respond to Defendant's renewed motion for summary judgment is hereby RESET. Plaintiff shall respond to Defendant's renewed motion for summary judgment on or before December 17, 2019. Signed by Judge Randolph D. Moss on 11/04/19. (lcrdm2, ) (Entered: 11/05/2019)
2019-12-1334MOTION to Strike 31 MOTION for Summary Judgment (Renewed by HASSAN ALI PEJOUHESH (ztd) (Entered: 12/18/2019)
2019-12-1335NOTICE by HASSAN ALI PEJOUHESH (ztd); (see docket entry no. 34 to view.) (Entered: 12/18/2019)
2019-12-2336MINUTE ORDER: On October 1, 2019, Defendant renewed its motion for summary judgment. Dkt. 31. On October 31, 2019, Plaintiff filed a motion with the Court, asserting that Defendant had failed to serve its motion for summary judgment. Dkt. 33. The Court, out of an abundance of caution, ordered Defendant to re-serve its motion for summary judgment "on Plaintiff at his address of record." Minute Order (Nov. 5, 2019). Plaintiff has now filed a motion complaining that Defendant did not send its motion by certified mail. Dkt. 34. Defendant, however, is under no obligation to serve its filings by certified mail. See Fed. R. Civ. P. 5(b)(2)(C). It appears, however, that the Bureau of Prisons returned the mailing Defendant sent, apparently because it was not sent in a "white envelope." Dkt. 34 at 7. In light of that complication, the Court hereby ORDERS that Defendant re-serve its renewed motion for summary judgment, Dkt. 31, and all accompanying materials, Dkt. 31-1; 31-2; 31-3, on Plaintiff at his address of record on or before January 16, 2020. Plaintiff is cautioned that, absent extraordinary circumstances, the Court is unlikely to order Defendant to re-serve its motion a third time. In light of this Order, Plaintiff's deadline to respond to Defendant's renewed motion for summary judgment is hereby reset. Plaintiff shall respond to Defendant's renewed motion for summary judgment on or before February 14, 2020. It is further ORDERED that Plaintiff's motion to strike, Dkt. 34, is DENIED. Signed by Judge Randolph D. Moss on 12/23/2019. (lcrdm2, ) (Entered: 12/23/2019)
2019-12-23Set/Reset Deadlines: Time to effectuate service upon party due by 1/16/2020. (kt) (Entered: 12/23/2019)
2020-01-0937NOTICE of Temporary Change of Address by HASSAN ALI PEJOUHESH. "LEAVE TO FILE GRANTED" signed by Judge Randolph D. Moss on 1/9/2020. (eg) Modified on 1/14/2020 (eg). (Entered: 01/13/2020)
2020-01-1538Mail Returned as Undeliverable: Sent to HASSAN ALI PEJOUHESH; Type of Document Returned: A copy of the Minute Order filed on 12/23/2019; Resent to temporary address verified on BOP website: FTC OKLAHOMA CITY, FEDERAL TRANSFER CENTER, P.O. BOX 898801, OKLAHOMA CITY, OK 73189. (kt) (Entered: 01/15/2020)
2020-01-2939NOTICE of Filing of Certificate of Service by UNITED STATES POSTAL SERVICE re 31 MOTION for Summary Judgment (Renewed (Adebonojo, Kenneth) (Entered: 01/29/2020)
2020-02-0640Letter from Plaintiff "Let It Be Filed" signed 2/6/2020 by Judge Randolph D. Moss (ztd) (Entered: 02/12/2020)
2020-02-0641Letter from Plaintiff "Let It Be Filed" signed 2/6/2020 by Judge Randolph D. Moss (ztd) (Entered: 02/12/2020)
2020-02-1842NOTICE of Change of Address by HASSAN ALI PEJOUHESH (ztd) (Entered: 02/20/2020)
2020-02-1843MOTION for Extension of Time by HASSAN ALI PEJOUHESH (ztd); (See docket entry no. 42 .) (Entered: 02/20/2020)
2020-02-20MINUTE ORDER: Upon consideration of Plaintiff's motion for extension, Dkt. 43, it is hereby ORDERED that Defendant re-serve its renewed motion for summary judgment, Dkt. 31, and all accompanying materials, Dkt. 31-1; 31-2; 31-3, on Plaintiff at his address of record, see Dkt. 42 at 1, on or before March 13, 2020. In light of this Order, Plaintiff's deadline to respond to Defendant's renewed motion for summary judgment is hereby RESET. Plaintiff shall respond to Defendant's renewed motion for summary judgment on or before April 3, 2020. Signed by Judge Randolph D. Moss on 02/20/2020. (lcrdm2, ) (Entered: 02/20/2020)
2020-02-2845NOTICE of Change of Address by HASSAN ALI PEJOUHESH (ztd) ;("Let It Be Filed" signed 2/28/2020 by Judge Randolph D. Moss) (Entered: 03/09/2020)
2020-02-2846NOTICE by HASSAN ALI PEJOUHESH (ztd); (See docket entry no. 45 to view.) (Entered: 03/09/2020)
2020-03-0244NOTICE of Filing of Certificate of Service by UNITED STATES POSTAL SERVICE re Order on Motion for Extension of Time to,,, Set/Reset Deadlines,, (Adebonojo, Kenneth) (Entered: 03/02/2020)
2020-03-2347MOTION to Strike 31 MOTION for Summary Judgment (Renewed by HASSAN ALI PEJOUHESH (ztd) (Entered: 03/25/2020)
2020-03-2348MOTION to Appoint Counsel by HASSAN ALI PEJOUHESH (ztd) (Entered: 03/25/2020)
2020-03-2349MOTION for Extension of Time to File Response/Reply as to 31 MOTION for Summary Judgment (Renewed by HASSAN ALI PEJOUHESH (ztd) (Entered: 03/25/2020)
2020-04-0150ORDER: It is hereby ORDERED that Plaintiff's motion to strike, Dkt. 47, and motion for the appointment of counsel, Dkt. 48, are DENIED. It is further ORDERED that Defendant shall mail copies of its renewed motion for summary judgment and accompanying documents, Dkt. 31, to Plaintiff on or before April 15, 2020. It is further ORDERED that Plaintiff's deadline to respond to Defendant's motion is CONTINUED to May 15, 2020. Plaintiff is cautioned that, absent good cause, the Court will not order Defendant to re-serve its motion after this time, and that, if he does not file a response to Defendant's renewed motion for summary judgment within the time provided, he may not have the opportunity to be heard on the motion and the Court may resolve the case based exclusively on Defendants submission. See document for details. Signed by Judge Randolph D. Moss on 04/01/2020. (lcrdm2, ) (Entered: 04/01/2020)
2020-04-1451NOTICE of Filing of Certificate of Service by UNITED STATES POSTAL SERVICE re 50 Order on Motion to Strike,,,, Order on Motion to Appoint Counsel,,,, Order on Motion for Extension of Time to File Response/Reply,,,, Set/Reset Deadlines,,, (Adebonojo, Kenneth) (Entered: 04/14/2020)
2020-04-2752Letter from Plaintiff (ztd);("Let It Be Filed" signed by Judge Randolph D. Moss 4/29/2020) Modified on 4/30/2020 (ztd). (Entered: 04/29/2020)
2020-04-2753MOTION for Extension of Time to File Response/Reply as to 31 MOTION for Summary Judgment (Renewed by HASSAN ALI PEJOUHESH (Attachments: # 1 envelope)(ztd) (Entered: 04/30/2020)
2020-04-2754NOTICE OF INTERLOCUTORY APPEAL as to 50 Order on Motion to Strike,,,, Order on Motion to Appoint Counsel,,,, Order on Motion for Extension of Time to File Response/Reply,,,, Set/Reset Deadlines,,, by HASSAN ALI PEJOUHESH. Fee Status: No Fee Paie. Parties have been notified. (Attachments: # 1 Envelope)(ztd) (Entered: 04/30/2020)
2020-04-2952Letter from Plaintiff (ztd);("Let It Be Filed" signed by Judge Randolph D. Moss 4/29/2020) (Entered: 04/29/2020)
2020-04-3055Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The fee remains to be paid and another notice will be transmitted when the fee has been paid in the District Court re 54 Notice of Interlocutory Appeal,. (ztd) (Entered: 04/30/2020)
2020-05-04USCA Case Number 20-5118 for 54 Notice of Interlocutory Appeal, filed by HASSAN ALI PEJOUHESH. (zrdj) (Entered: 05/04/2020)
2020-06-01MINUTE ORDER: Upon consideration of Plaintiff's motion to extend, Dkt. 53, it is hereby ORDERED that the motion is GRANTED. Plaintiff shall respond to Defendant's renewed motion for summary judgment on or before August 15, 2020. Signed by Judge Randolph D. Moss on 06/01/2020. (lcrdm2, ) (Entered: 06/01/2020)
2020-06-1556Letter from Plaintiff ("LET THIS BE FILED" signed by Judge Randolph D. Moss on 6/15/2020) (ztd) (Entered: 06/15/2020)
2020-06-1557MANDATE of USCA as to 54 Notice of Interlocutory Appeal, filed by HASSAN ALI PEJOUHESH ; USCA Case Number 20-5118. (Attachments: # 1 USCA Order)(zrdj) (Entered: 06/16/2020)
2020-06-1858MEMORANDUM OPINION AND ORDER: For the reasons explained herein, it is hereby ORDERED that (1) the Court will not appoint counsel to represent Plaintiff; (2) Plaintiff shall respond to the pending motion for summary judgment on or before August 15, 2020; and (3) the Clerk of the Court shall mail Plaintiff a copy of the docket sheet at his address of record. Signed by Judge Randolph D. Moss on 06/18/2020. (lcrdm2, ) (Entered: 06/18/2020)
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