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Case TitleBERNEGGER v. EXECUTIVE OFFICE OF U.S. ATTORNEYS
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00908
Date Filed2018-04-17
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 corruption allegations against U.S. Attorney Robert Mims. The agency acknowledged receipt of the request and told Bernegger that it had located 8,950 pages and that the cost of processing the request would be $442. Bernegger filed an administrative appeal with the Office of Information Policy, which remanded his case. He also filed a complaint with the Office of Government Information Services, which urged EOUSA to waive the fees. After hearing nothing further from the agency, Bernegger filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantEXECUTIVE OFFICE OF U.S. ATTORNEYS
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-04-17Initiating Pleading & IFP Application Received on 4/17/2018. (zmd) (Entered: 04/19/2018)
2018-04-171COMPLAINT against EXECUTIVE OFFICE OF U.S. ATTORNEYS with Jury Demand filed by PETER M. BERNEGGER. (Attachments: # 1 Civil Cover Sheet) (zmd) (Entered: 04/19/2018)
2018-04-172MOTION for Leave to Proceed in forma pauperis by PETER M. BERNEGGER. (zmd) (Entered: 04/19/2018)
2018-04-173MOTION to have U.S. Marshal Serve Process on defendant EOUSA by PETER M. BERNEGGER. (zmd) (Entered: 04/19/2018)
2018-05-074FIAT ORDER granting 2 Motion for Leave to Proceed in forma pauperis. "Leave to file without prepayment of costs GRANTED." Signed by Judge Colleen Kollar-Kotelly on 5/7/2018. (zmd) (Entered: 05/11/2018)
2018-05-115NOTICE OF RELATED CASE by PETER M. BERNEGGER. Case related to Case No. 17-cv-563. (zmd) (Entered: 05/11/2018)
2018-05-11Case Reassigned to Judge Randolph D. Moss. Unassigned is no longer assigned to the case. (zmd) (Entered: 05/11/2018)
2018-06-046SUMMONS (3) Issued as to EXECUTIVE OFFICE OF U.S. ATTORNEYS, U.S. Attorney and U.S. Attorney General (zmd) (Entered: 06/04/2018)
2018-07-027RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/29/18. (ztd) (Entered: 07/10/2018)
2018-07-208RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/19/2018. Answer due for ALL FEDERAL DEFENDANTS by 8/18/2018. (ztd) (Entered: 07/24/2018)
2018-07-259NOTICE of Appearance by Joshua L. Rogers on behalf of All Defendants (Rogers, Joshua) (Entered: 07/25/2018)
2018-08-0710RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. EXECUTIVE OFFICE OF U.S. ATTORNEYS served on 8/3/2018 (jf) (Entered: 08/07/2018)
2018-08-1711First MOTION for Extension of Time to File Answer by EXECUTIVE OFFICE OF U.S. ATTORNEYS (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 08/17/2018)
2018-08-20MINUTE ORDER: Upon consideration of Defendant's Motion for Extension of Time 11 , it is hereby ORDERED that the motion is GRANTED. Defendant shall answer or otherwise respond to the Complaint on or before September 19, 2018. Signed by Judge Randolph D. Moss on 8/20/2018. (lcrdm1, ) (Entered: 08/20/2018)
2018-08-20Set/Reset Deadlines: Answer or otherwise respond to the Complaint on or before 9/9/2018. (dot) (Entered: 08/20/2018)
2018-09-1912ANSWER to 1 Complaint by EXECUTIVE OFFICE OF U.S. ATTORNEYS.(Rogers, Joshua) (Entered: 09/19/2018)
2018-09-25MINUTE ORDER: It is hereby ORDERED that the parties shall submit a joint status report proposing a schedule for further proceedings on or before October 25, 2018. Signed by Judge Randolph D. Moss on 9/25/2018. (lcrdm1, ) (Entered: 09/25/2018)
2018-09-25Set/Reset Deadlines: Joint Status Report due by 10/25/2018. (kt) (Entered: 09/25/2018)
2018-09-2713RESPONSE re 12 Answer to Complaint filed by PETER M. BERNEGGER. (ztd) (Entered: 10/02/2018)
2018-10-05MINUTE 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 10/5/2018. (lcrdm1, ) (Entered: 10/05/2018)
2018-10-2414Joint STATUS REPORT by EXECUTIVE OFFICE OF U.S. ATTORNEYS. (Rogers, Joshua) (Entered: 10/24/2018)
2018-11-1415MOTION for Discovery, MOTION for Jury Trial to be Set by PETER M. BERNEGGER (ztd) (Main Document 15 replaced on 11/20/2018) (ztd). (Entered: 11/16/2018)
2018-11-21MINUTE ORDER: Upon consideration of Plaintiff's motion for discovery, Dkt. 15 , it is hereby ORDERED that the motion is DENIED without prejudice as premature. The Court further ORDERS that the parties shall meet and confer regarding a schedule for filing dispositive motions and submit a proposed briefing schedule on or before December 17, 2018. Plaintiff may, if appropriate, address his contention that discovery is necessary in responding to the government's motion for summary judgment or other dispositive motion. Signed by Judge Randolph D. Moss on 11/21/2018. (lcrdm1, ) (Entered: 11/21/2018)
2018-11-21Set/Reset Deadlines: Proposed Briefing Schedule due by 12/17/2018 (lsj) (Entered: 11/21/2018)
2018-12-1117RESPONSE TO ORDER OF THE COURT re Order on Motion for Discovery,,, Order on Motion for Trial,, filed by PETER M. BERNEGGER. (ztd) (Entered: 12/14/2018)
2018-12-1416MOTION for Extension of Time to File Briefing Schedule by EXECUTIVE OFFICE OF U.S. ATTORNEYS (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 12/14/2018)
2018-12-1818MOTION for Order by PETER M. BERNEGGER (ztd) (Entered: 12/19/2018)
2018-12-22MINUTE ORDER: Upon consideration of Defendant's motion for extension of time, Dkt. 16 , it is hereby ORDERED that the motion is GRANTED in part and DENIED in part. Defendant shall confer with Plaintiff and submit a joint proposed briefing schedule on of before January 7, 2019. No additional extensions will be granted, absent extraordinary circumstances. It is further ORDERED that Plaintiff's motion to find Defendant in contempt, Dkt. 18 , is DENIED. Signed by Judge Randolph D. Moss on 12/22/2018. (lcrdm1, ) (Entered: 12/22/2018)
2018-12-26Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 1/7/2019. (kt) (Entered: 12/26/2018)
2019-01-0219MOTION to Stay by EXECUTIVE OFFICE OF U.S. ATTORNEYS (Attachments: # 1 Text of Proposed Order)(Coles-Huff, Doris) (Entered: 01/02/2019)
2019-01-02MINUTE ORDER: Upon consideration of Defendant's motion to stay, Dkt. 19 , it is hereby ORDERED that the motion is GRANTED. As soon as Congress has appropriated funds for the Department of Justice, Defendant's counsel shall notify the Court and the parties shall meet and confer to propose a schedule for dispositive motions. Signed by Judge Randolph D. Moss on 1/2/2019. (lcrdm1, ) (Entered: 01/02/2019)
2019-01-2920NOTICE of Restored Government Funding by EXECUTIVE OFFICE OF U.S. ATTORNEYS (Rogers, Joshua) (Entered: 01/29/2019)
2019-01-31MINUTE ORDER: Upon consideration of Defendant's notice of restored funding, Dkt. 20 , it is hereby ORDERED that the stay in this case is lifted. It is further ORDERED that the parties shall meet and confer and submit a joint status report, on or before Friday, February 8, 2019, that includes a proposed schedule for further proceedings in this matter. Signed by Judge Randolph D. Moss on 1/31/2019. (lcrdm1, ) (Entered: 01/31/2019)
2019-01-31Set/Reset Deadlines: Joint Status Report due by 2/8/2019. (kt) (Entered: 01/31/2019)
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by FOIA Project Staff
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