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Case TitleLINDER v. EOUSA
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv01029
Date Filed2018-04-23
Date ClosedOpen
JudgeJudge Trevor N. McFadden
PlaintiffDAVID W. LINDER
Case DescriptionDavid Linder, a federal prisoner, submitted a FOIA request to the Executive Office for U.S. Attorneys for records concerning his conviction. After hearing nothing further from the agency, Linder filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantEOUSA
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-04-23Initiating Pleading & IFP Application Received on 4/23/2018. (jd) (Entered: 05/03/2018)
2018-04-231COMPLAINT against EOUSA filed by DAVID W. LINDER.(jd) (Entered: 05/03/2018)
2018-04-232MOTION for Leave to Proceed in forma pauperis by DAVID W. LINDER. (jd) (Entered: 05/03/2018)
2018-04-233PARTIAL PRISONER TRUST FUND ACCOUNT STATEMENT by DAVID W. LINDER. (jd) (Entered: 05/03/2018)
2018-05-084ORDER directing an initial partial filing fee in the amount of $1.86 from Prison Account of DAVID W. LINDER and granting MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Signed by Judge Colleen Kollar-Kotelly on 5/7/2018. (zrdj) (Entered: 05/11/2018)
2018-05-15Case Reassigned to Judge Trevor N. McFadden. Unassigned is no longer assigned to the case. (zmd) (Entered: 05/15/2018)
2018-05-155NOTICE OF RELATED CASE by DAVID W. LINDER. Case related to Case No. 16-cv-2039. (zmd) (Entered: 05/16/2018)
2018-05-156PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by DAVID W. LINDER (zsb) (Entered: 05/18/2018)
2018-06-047SUMMONS (3) Issued as to EOUSA, U.S. Attorney and U.S. Attorney General (zmd) (Entered: 06/04/2018)
2018-06-129RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/8/18. ( Answer due for ALL FEDERAL DEFENDANTS by 7/8/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/8/18., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. EOUSA served on 6/11/2018 (ztd) (Entered: 06/19/2018)
2018-06-148NOTICE of Appearance by Rhonda Lisa Campbell on behalf of EOUSA (Campbell, Rhonda) (Entered: 06/14/2018)
2018-07-0910ANSWER to 1 Complaint by EOUSA.(Campbell, Rhonda) (Entered: 07/09/2018)
2018-07-10VACATED PURSUANT TO COURT'S ORDER DATED 7/13/2018.....MINUTE ORDER TO SHOW CAUSE. Defendant's 10 Answer was due on July 8, 2018, see 9 Return of Service/Affidavit, but was untimely filed on July 9, 2018. Defendant is hereby ORDERED, before or on July 17, 2018, to show cause for the untimely filing. Signed by Judge Trevor N. McFadden on 7/10/2018. (lctnm3) Modified on 7/23/2018 (hmc). (Entered: 07/10/2018)
2018-07-11Set/Reset Deadlines: Defendant to show cause for the untimely filing by 7/17/2018. (hmc) (Entered: 07/11/2018)
2018-07-11MINUTE ORDER. Defendant has filed an Answer to Plaintiff's Complaint brought under the Freedom of Information Act (FOIA). Because FOIA actions are exempt from the requirements of Federal Rule of Civil Procedure 26(f) and Local Civil Rule 16.3, an Answer does little to advance the proceedings. Defendant "denies that Plaintiff is entitled to any relief whatsoever," Answer at 3, which "must be made by motion." Fed. R. Civ. P. 7(b)(1). Accordingly, Defendant shall, before or on July 31, 2018, file a dispositive motion or submit a status report as to what proceedings are ongoing as to preclude filing of such motion. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/11/2018. (lctnm3) (Entered: 07/11/2018)
2018-07-1111RESPONSE TO ORDER OF THE COURT re Order, filed by EOUSA. (Campbell, Rhonda) (Entered: 07/11/2018)
2018-07-11Set/Reset Deadlines: Defendant's dispositive motion or status report due by 7/31/2018. (hmc) (Entered: 07/11/2018)
2018-07-13MINUTE ORDER. In light of Defendant's 11 Response to Order of the Court and Defendant's timely filing of its 10 Answer, the Court hereby VACATES the Order to Show Cause. Signed by Judge Trevor N. McFadden on 7/13/2018. (lctnm3) (Entered: 07/13/2018)
2018-07-3012STATUS REPORT by EOUSA. (Campbell, Rhonda) (Entered: 07/30/2018)
2018-07-3013REPLY re 1 Complaint filed by DAVID W. LINDER. (ztd) (Entered: 08/02/2018)
2018-08-01MINUTE ORDER: Upon consideration of Defendant's 12 Status Report, it is hereby ORDERED that Defendant's Motion for Summary Judgment shall be filed on or before August 23, 2018. Plaintiff's Opposition shall be filed on or before October 4, 2018. Defendant's Reply shall be filed on or before October 25, 2018. Signed by Judge Trevor N. McFadden on 8/1/2018. (lctnm3) (Entered: 08/01/2018)
2018-08-01Set/Reset Deadlines: Defendant's Motion for Summary Judgment due by 8/23/2018. Plaintiff's Opposition due by 10/4/2018. Defendant's Reply due by 10/25/2018. (hmc) (Entered: 08/01/2018)
2018-08-2314MOTION for Summary Judgment by EOUSA (Attachments: # 1 Memorandum in Support, # 2 Declaration and Exhibits, # 3 Statement of Facts)(Campbell, Rhonda) (Entered: 08/23/2018)
2018-08-3015ORDER advising Plaintiff to respond or the Court may deem Defendant's 14 Motion for Summary Judgment conceded. Plaintiff's response is due by October 4, 2018. Signed by Judge Trevor N. McFadden on 8/30/2018. (lctnm3) (Entered: 08/30/2018)
2018-08-31Set/Reset Deadlines: Plaintiff's response to Defendant's Motion for Summary Judgment due by 10/4/2018. (hmc) (Entered: 08/31/2018)
2018-09-1716MOTION for Extension of Time to File Response/Reply as to 14 MOTION for Summary Judgment by DAVID W. LINDER (ztd) (Entered: 09/20/2018)
2018-09-21MINUTE ORDER: Upon consideration of Plaintiff's 16 Motion for Extension of Time to File, it is hereby ORDERED that Plaintiff shall file his reply to Defendant's Motion for Summary Judge on or before October 22, 2018. Defendant shall promptly mail a duplicate copy of its motion to Plaintiff's listed address. Signed by Judge Trevor N. McFadden on 9/21/2018. (lctnm3) (Entered: 09/21/2018)
2018-09-21Set/Reset Deadlines: Plaintiff's response to Defendant's Motion for Summary Judgment due by 10/22/2018. (hmc) (Entered: 09/21/2018)
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by FOIA Project Staff
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