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Case TitleDAVIS v. UNITED STATES FEDERAL BUREAU OF INVESTIGATION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00086
Date Filed2018-01-10
Date ClosedOpen
JudgeJudge Christopher R. Cooper
PlaintiffDONOVAN DAVIS, JR.
Case DescriptionDonovan Davis, a federal prisoner, submitted FOIA requests to the FBI, the Executive Office for U.S. Attorneys, and the Secret Service for records concerning himself. The FBI found records and withheld some records. Davis filed an administrative appeal. EOUSA told Davis it found no records. Davis filed an administrative appeal of that decision. The Secret Service found a hard drive that was responsive to Davis's request, but after examining it, the agency found the hard drive had been wiped and there were no more records. Davis then filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Recovery of Costs

DefendantUNITED STATES FEDERAL BUREAU OF INVESTIGATION
DefendantUNITED STATES FEDERAL BUREAU OF INVESTIGATION
TERMINATED: 07/08/2019
DefendantEXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY
DefendantUNITED STATES SECRET SERVICE
DefendantUNITED STATES SECRET SERVICE
TERMINATED: 07/08/2019
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [25]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-01-101COMPLAINT against EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES FEDERAL BUREAU OF INVESTIGATION, UNITED STATES SECRET SERVICE ( Filing fee $ 400, receipt number 4616089101) filed by DONOVAN DAVIS, JR. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(jf) (Entered: 01/16/2018)
2018-01-10SUMMONS Not Issued as to EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES FEDERAL BUREAU OF INVESTIGATION, UNITED STATES SECRET SERVICE (jf) (Entered: 01/16/2018)
2018-02-13SUMMONS (5) Issued as to EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES FEDERAL BUREAU OF INVESTIGATION, UNITED STATES SECRET SERVICE, U.S. Attorney and U.S. Attorney General (zmd) (Entered: 02/13/2018)
2018-03-272NOTICE of Appearance by Alexander Daniel Shoaibi on behalf of All Defendants (Shoaibi, Alexander) (Entered: 03/27/2018)
2018-03-273MOTION for Extension of Time to Respond to Complaint by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES FEDERAL BUREAU OF INVESTIGATION, UNITED STATES SECRET SERVICE (Shoaibi, Alexander) (Entered: 03/27/2018)
2018-03-28MINUTE ORDER granting 3 Defendants' Motion for Extension of Time. Defendants' response to the complaint shall now be due by April 27, 2018. Signed by Judge Christopher R. Cooper on 3/28/2018. (lccrc2) (Entered: 03/28/2018)
2018-03-28Set/Reset Deadlines: Answer due by 4/27/2018 (lsj) (Entered: 03/28/2018)
2018-03-294RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY served on 2/26/2018; UNITED STATES FEDERAL BUREAU OF INVESTIGATION served on 2/26/2018; UNITED STATES SECRET SERVICE served on 3/1/2018, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 2/26/18., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/26/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 3/28/2018.) (td) (Entered: 04/02/2018)
2018-04-275Second MOTION for Extension of Time to Respond to Complaint by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES FEDERAL BUREAU OF INVESTIGATION, UNITED STATES SECRET SERVICE (Shoaibi, Alexander) (Entered: 04/27/2018)
2018-04-30MINUTE ORDER granting 5 Defendants' Motion for Extension of Time. Defendants' response to the complaint shall now be due by May 11, 2018. Signed by Judge Christopher R. Cooper on 4/30/2018. (lccrc2) (Entered: 04/30/2018)
2018-05-01Set/Reset Deadlines: Answer due by 5/11/2018 (lsj) (Entered: 05/01/2018)
2018-05-116ANSWER to 1 Complaint, by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES FEDERAL BUREAU OF INVESTIGATION, UNITED STATES SECRET SERVICE. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit A-H)(Shoaibi, Alexander) (Entered: 05/11/2018)
2018-05-14MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. Since the requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure do not apply, it is hereby ORDERED that Defendants shall file a proposed schedule for production or briefing by May 29, 2018. Signed by Judge Christopher R. Cooper on 5/14/2018. (lccrc2) (Entered: 05/14/2018)
2018-05-14Set/Reset Deadlines: Proposed Briefing Schedule or Production due by 5/29/2018 (lsj) (Entered: 05/14/2018)
2018-05-297PROPOSED BRIEFING SCHEDULE re Order, Set/Reset Deadlines by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES FEDERAL BUREAU OF INVESTIGATION, UNITED STATES SECRET SERVICE. (Shoaibi, Alexander) (Entered: 05/29/2018)
2018-05-30MINUTE ORDER: In light of 7 the proposed schedule for production and briefing, it is hereby ordered that the following summary judgment briefing schedule shall apply: Defendants' motion for summary judgment shall be due by August 7, 2018; Plaintiff's combined opposition and cross-motion for summary judgment shall be due by September 6, 2018; Defendants' combined reply and opposition shall be due by October 9, 2018; and Plaintiff's reply shall be due by November 8, 2018. Signed by Judge Christopher R. Cooper on 5/30/2018. (lccrc2) (Entered: 05/30/2018)
2018-05-30Set/Reset Deadlines: Summary Judgment motions due by 8/7/2018. Response to Motion for Summary Judgment due by 9/6/2018. Reply to Motion for Summary Judgment due by 10/9/2018. Plaintiff's Reply due by 11/8/2018. (lsj) (Entered: 05/30/2018)
2018-05-31ENTERED IN ERROR.....Set/Reset Deadlines: Summary Judgment motions due by 8/7/2018. Response to Motion for Summary Judgment due by 9/6/2018. Reply to Motion for Summary Judgment due by 10/9/2018. Plaintiff's Reply due by 11/8/2018. (lsj) Modified on 5/31/2018 (zlsj). (Entered: 05/31/2018)
2018-07-258NOTICE of Appearance by Joshua L. Rogers on behalf of All Defendants (Rogers, Joshua) (Entered: 07/25/2018)
2018-08-029MOTION for Extension of Time to File Dispostive Motion by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES FEDERAL BUREAU OF INVESTIGATION, UNITED STATES SECRET SERVICE (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 08/02/2018)
2018-08-03VACATED PURSUANT TO MINUTE ORDER ENTERED ON 9/21/2018.....MINUTE ORDER granting 9 Defendant's Motion for Extension of Time and vacating scheduling order entered May 30, 2018. The following summary judgment briefing schedule shall apply: Defendants' motion for summary judgment shall be due by September 21, 2018; Plaintiff's combined opposition and cross-motion for summary judgment shall be due by October 21, 2018; Defendants' combined reply and opposition shall be due by November 23, 2018; and Plaintiff's reply shall be due by December 22, 2018. Signed by Judge Christopher R. Cooper on 8/3/2018. (lccrc2) Modified on 9/21/2018 (zlsj). (Entered: 08/03/2018)
2018-08-06Set/Reset Deadlines: Summary Judgment motions due by 9/21/2018. Plaintiff's Response and Cross Motion to Motion for Summary Judgment due by 10/21/2018. Defendants' Reply and Opposition to Motion for Summary Judgment due by 11/23/2018. Plaintiff's Reply due by 12/22/2018. (lsj) (Entered: 08/06/2018)
2018-09-1810MOTION for Extension of Time to File Motion for Summary Judgment by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES FEDERAL BUREAU OF INVESTIGATION, UNITED STATES SECRET SERVICE (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 09/18/2018)
2018-09-21MINUTE ORDER: Defendants' 10 Motion for an Extension of Time is hereby GRANTED. The adjusted briefing schedule will be as follows: Defendants' motion for summary judgment is now due by November 20, 2018; Plaintiff's combined cross-motion for summary judgment and opposition is now due by December 20, 2018; Defendants' combined opposition and reply is now due by January 22, 2019; and Plaintiff's reply is due now due by February 20, 2019. However, no further extensions of Defendants' summary judgment briefing deadline will be granted. While the Court appreciates counsel's busy schedule, this extension will delay briefing by 3 1/2 months past the original deadline proposed by the government, in addition to the 45-day extension of the government's deadline to answer the complaint. The Court observes that the USAO's apparent resource constraints in FOIA matters appears to be an issue that should be addressed by management. Signed by Judge Christopher R. Cooper on 9/21/2018. (lccrc2) (Entered: 09/21/2018)
2018-09-21Set/Reset Deadlines: Summary Judgment motions due by 11/20/2018. Response to Motion for Summary Judgment due by 12/20/2018. Reply to Motion for Summary Judgment due by 1/22/2019. Replies due by 2/20/2019. (lsj) (Entered: 09/21/2018)
2018-11-2011MOTION to Dismiss or in the Alternative , MOTION for Summary Judgment by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES FEDERAL BUREAU OF INVESTIGATION, UNITED STATES SECRET SERVICE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order, # 4 Declaration FBI, # 5 Declaration EOUSA - Jones, # 6 Declaration EOUSA - Smith, # 7 Declaration Secret Service, # 8 Declaration EOUSA - Hoobler)(Rogers, Joshua).....WITHDRAWN AS TO DEFENDANT EOUSA ONLY, PURSUANT TO MINUTE ORDER FILER 5/24/2019.....Modified on 5/28/2019 (znmw). (Entered: 11/20/2018)
2018-12-1712RESPONSE re 11 MOTION to Dismiss or in the Alternative MOTION for Summary Judgment filed by DONOVAN DAVIS, JR. (Attachments: # 1 Exhibit 1-4)(ztd) (Entered: 12/19/2018)
2018-12-2613MOTION to Stay All Proceedings in Light of Lack of Appropriations by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES FEDERAL BUREAU OF INVESTIGATION, UNITED STATES SECRET SERVICE (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 12/26/2018)
2018-12-2614ERRATA by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES FEDERAL BUREAU OF INVESTIGATION, UNITED STATES SECRET SERVICE. (Attachments: # 1 Corrected Motion to Stay)(Rogers, Joshua) (Entered: 12/26/2018)
2018-12-27MINUTE ORDER granting 13 Defendants' Motion to Stay Proceedings. All deadlines in the case shall be stayed pending renewed funding. Signed by Judge Christopher R. Cooper on 12/27/2018. (lccrc2) (Entered: 12/27/2018)
2018-12-3115Memorandum in opposition to re 13 MOTION to Stay All Proceedings in Light of Lack of Appropriations filed by DONOVAN DAVIS, JR. (ztd) (Entered: 01/08/2019)
2019-02-01MINUTE ORDER: In light of the restoration of appropriations, the stay in this case is lifted. The parties shall provide a joint status report on or before February 8, 2019, which shall include a proposed schedule for future proceedings.. Signed by Judge Christopher R. Cooper on 2/1/2019. (lccrc2) (Entered: 02/01/2019)
2019-02-05Set/Reset Deadlines: Joint Status Report due by 2/8/2019 (lsj) (Entered: 02/05/2019)
2019-02-1316STATUS REPORT by DONOVAN DAVIS, JR. (ztd) (Entered: 02/14/2019)
2019-03-0517NOTICE by DONOVAN DAVIS, JR (ztd) (Entered: 03/06/2019)
2019-03-0818MOTION for Leave to File Defendants' Reply by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES FEDERAL BUREAU OF INVESTIGATION, UNITED STATES SECRET SERVICE (Graham-Oliver, Heather) (Entered: 03/08/2019)
2019-03-11MINUTE ORDER granting 18 Defendants' Motion for Leave to File Reply. Defendants' reply is now due on or before April 9, 2019. Signed by Judge Christopher R. Cooper on 3/11/2019. (lccrc2) (Entered: 03/11/2019)
2019-03-11Set/Reset Deadlines: Replies due by 4/9/2019. (lsj) (Entered: 03/11/2019)
2019-04-0419MOTION for Extension of Time to File Response/Reply by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES FEDERAL BUREAU OF INVESTIGATION, UNITED STATES SECRET SERVICE (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 04/04/2019)
2019-04-05MINUTE ORDER granting 19 Defendants' Motion for Extension of Time to File Response/Reply. Defendants shall file their reply on or before May 9, 2019. Further requests for extension of this deadline will be viewed with disfavor. Signed by Judge Christopher R. Cooper on 4/5/2019. (lccrc2) (Entered: 04/05/2019)
2019-04-05Set/Reset Deadlines: Replies due by 5/9/2019. (znbn) (Entered: 04/08/2019)
2019-05-0920MOTION for Extension of Time to File Response/Reply by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES FEDERAL BUREAU OF INVESTIGATION, UNITED STATES SECRET SERVICE (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 05/09/2019)
2019-05-10MINUTE ORDER granting 20 Motion for Extension of Time to File Response/Reply. Defendants' reply is now due on or before May 23, 2019. Signed by Judge Christopher R. Cooper on 5/10/2019. (lccrc2) (Entered: 05/10/2019)
2019-05-13Set/Reset Deadlines: Replies due by 5/23/2019. (lsj) (Entered: 05/13/2019)
2019-05-2321REPLY to opposition to motion re 11 MOTION to Dismiss or in the Alternative MOTION for Summary Judgment filed by UNITED STATES FEDERAL BUREAU OF INVESTIGATION, UNITED STATES SECRET SERVICE. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Rogers, Joshua) (Entered: 05/23/2019)
2019-05-2322MOTION to Withdraw 11 MOTION to Dismiss or in the Alternative MOTION for Summary Judgment Pertaining to EOUSA by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 05/23/2019)
2019-05-24MINUTE ORDER granting 22 Defendants' Motion to Withdraw the portion of 11 its motion for summary judgment pertaining to Defendant EOUSA. EOUSA shall file any renewed dispositive motion on or before June 24, 2019; Plaintiff shall file any opposition to the motion on or before July 24, 2019; and EOUSA shall file its reply on or before August 21, 2019. Signed by Judge Christopher R. Cooper on 5/24/2019. (lccrc2) (Entered: 05/24/2019)
2019-05-24Set/Reset Deadlines: Renewed dispositive motion due by 6/24/2019. Responses due by 7/24/2019. Replies due by 8/21/2019. (znbn) (Entered: 05/24/2019)
2019-06-2423MOTION for Summary Judgment by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order, # 4 Declaration (Theodore Smith), # 5 Declaration (Megan Hoobler))(Rogers, Joshua) (Entered: 06/24/2019)
2019-07-0324ORDER granting 11 Motion for Summary Judgment as to FBI and Secret Service. See full Order and accompanying Memorandum Opinion for details. Signed by Judge Christopher R. Cooper on 7/3/2019. (lccrc2) (Entered: 07/03/2019)
2019-07-0325MEMORANDUM OPINION re 24 Order granting motion for summary judgment as to FBI and Secret Service. Signed by Judge Christopher R. Cooper on 7/3/2019. (lccrc2) (Entered: 07/03/2019)
2019-07-1026RESPONSE re 23 MOTION for Summary Judgment filed by DONOVAN DAVIS, JR. (Attachments: # 1 Exhibit 1-10)(ztd) (Entered: 07/12/2019)
2019-07-1627MOTION for Extension of Time to File Response/Reply by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 07/16/2019)
2019-07-17MINUTE ORDER granting 27 Defendant's Motion for Extension of Time to File Reply. Defendant's reply brief is now due on or before August 19, 2019. Signed by Judge Christopher R. Cooper on 7/17/2019. (lccrc2) (Entered: 07/17/2019)
2019-07-18Set/Reset Deadlines: Defendant's Reply Brief due by 8/19/2019. (lsj) (Entered: 07/18/2019)
2019-08-1528MOTION for Extension of Time to File Response/Reply by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 08/15/2019)
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