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Case Title Okeayainneh v. United States Department of Justice et al
DistrictNorthern District of Texas
CityDallas
Case Number3:2018cv01195
Date Filed2018-05-10
Date Closed2020-03-05
JudgeMagistrate Judge Renee Harris Toliver
PlaintiffJulian Okeayainneh
Case DescriptionJulian Okeayainneh, a federal prisoner, submitted a FOIA request to the Department of Justice for records concerning oath of office statements for various U.S. Assistant Attorneys. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, Okeayainneah filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantUnited States Department of Justice Executive Offices of the United States Attorneys, Freedom of Information and Privacy Staff
DefendantNational Personnel Records Center
DefendantNational Personnel Records Center
TERMINATED: 09/27/2018
DefendantOffice of Personnel Management
Documents
Docket
Complaint
Opinion/Order [78]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-05-101New Case Notes: A filing fee has not been paid. CASREF case referral set and case referred to Magistrate Judge Toliver (see Special Order 3). Initiating documents received by mail. No prior sanctions found. (For court use only - links to the national and circuit indexes.) Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Toliver). Clerk to provide copy to plaintiff if not received electronically. (mcrd/ala) (Entered: 05/10/2018)
2018-05-102Notice and Instruction to Pro Se Party. (mcrd/ala) (Entered: 05/10/2018)
2018-05-103COMPLAINT For Injunctive and Declaratory Relief against National Personnel Records Center, United States Department of Justice filed by Julian Okeayainneh. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (mcrd/ala) (Entered: 05/10/2018)
2018-05-104MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Julian Okeayainneh. (mcrd/ala) (Entered: 05/10/2018)
2018-05-10***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2. Thu May 10 16:45:16 CDT 2018 (crt) (Entered: 05/10/2018)
2018-06-075Order granting Motion to Proceed In Forma Pauperis and assessing a partial filing fee in the amount of $43.00 with a balance of $307.00 remaining. Clerk to mail this order to the attention of the Inmate Trust Fund Department at the facility where the inmate resides. No process will issue pending completion of screening. (Ordered by Magistrate Judge Renee Harris Toliver on 6/7/2018) (chmb) (Entered: 06/07/2018)
2018-06-07***Clerk's Notice of delivery: (see NEF for details) Docket No:5. Certified copy mailed to Inmate Trust Account @ BOP Seagoville Thu Jun 7 15:33:08 CDT 2018 (crt) (Entered: 06/07/2018)
2018-06-206ORDER: The Clerk of the Court is now directed to issue summons. The U.S. Marshal is directed to serve the summons and copies of the complaint on the defendant and file a return of service in the case pursuant to FED. R. CIV. P. 4(c). (Ordered by Magistrate Judge Renee Harris Toliver on 6/20/2018) (rekc) (Entered: 06/21/2018)
2018-06-21***Clerk's Notice of delivery: (see NEF for details) Docket No:6. Thu Jun 21 09:00:08 CDT 2018 (crt) (Entered: 06/21/2018)
2018-06-217Summons issued as to National Personnel Records Center, United States Department of Justice, U.S. Attorney, and U.S. Attorney General. (rekc) (Entered: 06/21/2018)
2018-06-218Business Reply Card signed by USMS; re 6 Order, 3 Complaint, 5 Order For Partial Filing Fee, 7 Summons Issued. Signed on 6/21/2018. (rekc) (Entered: 06/21/2018)
2018-08-019NOTICE of Attorney Appearance by Lisa Robin Hasday-DOJ on behalf of National Personnel Records Center, United States Department of Justice. (Filer confirms contact info in ECF is current.) (Hasday-DOJ, Lisa) (Entered: 08/01/2018)
2018-08-0110ANSWER to 3 Complaint,, filed by National Personnel Records Center, United States Department of Justice. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Hasday-DOJ, Lisa) (Entered: 08/01/2018)
2018-08-0111MOTION to Substitute Party filed by National Personnel Records Center with Brief/Memorandum in Support. (Hasday-DOJ, Lisa) (Entered: 08/01/2018)
2018-08-0112CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by National Personnel Records Center, United States Department of Justice. (Hasday-DOJ, Lisa) (Entered: 08/01/2018)
2018-08-0713Notice of Option to Consent to Proceed Before the Magistrate Judge. The parties are required to complete and return the enclosed form to the clerk. (Ordered by Magistrate Judge Renee Harris Toliver on 8/7/2018) (mcrd) (Entered: 08/08/2018)
2018-08-0714Order for Scheduling Order Proposal: Proposed Scheduling Order due by 9/4/2018. (Ordered by Magistrate Judge Renee Harris Toliver on 8/7/2018) (mcrd) (Entered: 08/08/2018)
2018-08-08***Clerk's Notice of delivery: (see NEF for details) Docket No:13, 14. Wed Aug 8 08:42:21 CDT 2018 (crt) (Entered: 08/08/2018)
2018-08-1015SUMMONS Returned Executed as to National Personnel Records Center/Attorney General; served on 7/5/2018. (ndt) (Entered: 08/10/2018)
2018-08-1016SUMMONS Returned Executed as to United States Department of Justice/ US Attorney; served on 7/2/2018. (ndt) (Entered: 08/10/2018)
2018-08-1017SUMMONS Returned Executed as to National Personnel Records Center/US Attorney; served on 7/2/2018. (ndt) (Entered: 08/10/2018)
2018-08-1018SUMMONS Returned Executed as to National Personnel Records Center; served on 7/5/2018. (ndt) (Entered: 08/10/2018)
2018-08-1019SUMMONS Returned Executed as to United States Department of Justice/Attorney General; served on 7/3/2018. (ndt) (Entered: 08/10/2018)
2018-08-2720MOTION for 60-Day Extension of Time to file the Scheduling Proposal filed by Julian Okeayainneh (rekc) Modified on 8/27/2018 (rekc). (Entered: 08/27/2018)
2018-08-2721NOTICE of Change of Address for Pro Se litigant Julian Okeayainneh. New address: represented byJulian Okeayainneh #20515112 BOP Oakdale FCI PO Box 5010 Oakdale, LA 71463. (rekc) Modified Address on 8/28/2018 (svc). (Entered: 08/27/2018)
2018-08-2822ELECTRONIC ORDER granting in part 20 Plaintiff's Motion to Extend Time. Plaintiff's proposed scheduling order is due within 45 days of the date of this Order. (Ordered by Magistrate Judge Renee Harris Toliver on 8/28/2018) (chmb) (Entered: 08/28/2018)
2018-08-2923Proposal for contents of scheduling and discovery order by Julian Okeayainneh. (rekc) (Entered: 08/30/2018)
2018-09-0424Proposal for contents of scheduling and discovery order by National Personnel Records Center, United States Department of Justice. (Hasday-DOJ, Lisa) (Entered: 09/04/2018)
2018-09-1225Notice of parties' consents to proceed before the magistrate judge filed by Julian Okeayainneh, United States Department of Justice, National Personnel Records Center. (ctf) (Entered: 09/13/2018)
2018-09-1326ELECTRONIC ORDER - Before the Court is the Parties' Consent to Proceed Before the Magistrate Judge, filed on September 12, 2018. It appears the parties have consented in writing to trial of this case before a United States Magistrate Judge in accordance with the provisions of 28 U.S.C. § 636(c). It is therefore ORDERED by the Court that this case be, and it is hereby TRANSFERRED to United States Magistrate Judge Renee Harris Toliver to conduct all further proceedings and the entry of judgment in accordance with 28 U.S.C. § 636(c), with any appeal therefrom to be taken to the United States Court of Appeals for the Fifth Circuit in accordance with 28 U.S.C. § 636(c)(3). (Ordered by Judge Ed Kinkeade on 9/13/2018) (chmb) (Entered: 09/13/2018)
2018-09-2727ELECTRONIC ORDER GRANTING Doc. 11 Motion to Substitute Party . National Personnel Records Center is terminated as a party in this case. The Office of Personnel Management is substituted in its place as a defendant. (Ordered by Magistrate Judge Renee Harris Toliver on 9/27/2018) (chmb) (Entered: 09/27/2018)
2018-09-27***Clerk's Notice of delivery: (see NEF for details) Docket No:. NEF #27. Thu Sep 27 12:39:31 CDT 2018 (crt) (Entered: 09/27/2018)
2018-09-2728Plaintiff's First Set of Interrogatories to Defendants filed by Julian Okeayainneh. (epm) (Entered: 09/27/2018)
2018-09-2729Plaintiff's Request for Admission filed by Julian Okeayainneh. (epm) (Entered: 09/27/2018)
2018-09-2730Plaintiff's Request for Production filed by Julian Okeayainneh. (epm) (Entered: 09/27/2018)
2018-10-0131SCHEDULING ORDER: Joinder of Parties due by 12/4/2018. Amended Pleadings due by 12/4/2018. Discovery due by 2/4/2019. Motions due by 3/4/2019. (Ordered by Magistrate Judge Renee Harris Toliver on 10/1/2018) (epm) (Entered: 10/01/2018)
2018-10-01***Clerk's Notice of delivery: (see NEF for details) Docket No:31. Mon Oct 1 14:50:02 CDT 2018 (crt) (Entered: 10/01/2018)
2018-10-2232MOTION for Protective Order to Stay Discovery filed by Office of Personnel Management, United States Department of Justice with Brief/Memorandum in Support. (Hasday-DOJ, Lisa) (Entered: 10/22/2018)
2018-10-2533AMENDED COMPLAINT against Office of Personnel Management, United States Department of Justice filed by Julian Okeayainneh. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s) A - Z, # 2 Envelopes) (axm) (Entered: 10/26/2018)
2018-10-2534NOTICE of Plaintiff's First Set of Interrogatories to Defendants filed by Julian Okeayainneh. (axm) (Entered: 10/26/2018)
2018-10-2535NOTICE of Plaintiff's Request for Admission filed by Julian Okeayainneh. (axm) (Entered: 10/26/2018)
2018-10-2536NOTICE of Plaintiff's Request for Production filed by Julian Okeayainneh. (axm) (Entered: 10/26/2018)
2018-10-2537MOTION to Compel Filing of Served Paper filed by Julian Okeayainneh. (axm) (Main Document 37 replaced on 10/26/2018 to correct page rotation) (axm). (Entered: 10/26/2018)
2018-11-0238Amended Memorandum In Support of Judicial Notice of Adjudicative Facts Pursuance to Rule 201 filed by Julian Okeayainneh. (ndt) (Entered: 11/05/2018)
2018-11-0539NOTICE of Clarification of Service of Process filed by Julian Okeayainneh. (ndt) (Entered: 11/05/2018)
2018-11-0740MOTION to Strike 33 Amended Complaint,, filed by Office of Personnel Management, United States Department of Justice with Brief/Memorandum in Support. (Hasday-DOJ, Lisa) (Entered: 11/07/2018)
2018-11-1441RESPONSE filed by Office of Personnel Management, United States Department of Justice re: 37 MOTION to Compel (Hasday-DOJ, Lisa) (Entered: 11/14/2018)
2018-11-2642MOTION for Leave to File Amended Complaint and for Leave to File Amended Complaint to State Additional Facts and Remedies and Reply to Defendant's Motion to Strike filed by Julian Okeayainneh (Attachments: # 1 Addendum to Amended Complaint) (ykp) (Entered: 11/26/2018)
2018-11-2643RESPONSE filed by Julian Okeayainneh re: 32 MOTION for Protective Order to Stay Discovery (ykp) (Entered: 11/26/2018)
2018-11-2644Addendum re: 38 Amended Memorandum In Support of Judicial Notice of Adjudicative Facts Pursuance to Rule 201 filed by Julian Okeayainneh (ykp) (Entered: 11/26/2018)
2018-11-2745Plaintiff's MOTION to Join Additional Parties-Defendant and Memorandum of Law in Support filed by Julian Okeayainneh (ykp) (Entered: 11/28/2018)
2018-11-2946MOTION for Clarification filed by Julian Okeayainneh. (epm) (Entered: 11/29/2018)
2018-12-1047REPLY filed by Office of Personnel Management, United States Department of Justice re: 32 MOTION for Protective Order to Stay Discovery (Hasday-DOJ, Lisa) (Entered: 12/10/2018)
2018-12-1348RESPONSE filed by Office of Personnel Management, United States Department of Justice re: 42 MOTION for Leave to File Amended Complaint and for Leave to File Amended Complaint to State Additional Facts and Remedies and Reply to Defendant's Motion to Strike (Hasday-DOJ, Lisa) (Entered: 12/13/2018)
2018-12-1349RESPONSE filed by Office of Personnel Management, United States Department of Justice re: 45 MOTION to Join Additional Parties (Hasday-DOJ, Lisa) Modified motion title on 12/14/2018 (mla). (Entered: 12/13/2018)
2018-12-1350ORDER granting 32 Motion for Protective Order; denying 37 Motion to Compel; granting 46 Motion for Clarification. Discovery is STAYED pending a ruling on Defendants' forthcoming dispositive motion. (Ordered by Magistrate Judge Renee Harris Toliver on 12/13/2018) (aaa) (Entered: 12/13/2018)
2018-12-13***Clerk's Notice of delivery: (see NEF for details) Docket No:50. Thu Dec 13 16:36:18 CST 2018 (crt) (Entered: 12/13/2018)
2018-12-1451ELECTRONIC ORDER GRANTING Doc. 42 Motion for Leave to File an Amended Complaint as unopposed. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Magistrate Judge Renee Harris Toliver on 12/14/2018) (chmb) (Entered: 12/14/2018)
2018-12-1452ELECTRONIC ORDER TERMINATING AS MOOT Doc. 40 Defendants' Motion to Strike Amended Complaint . (Ordered by Magistrate Judge Renee Harris Toliver on 12/14/2018) (chmb) (Entered: 12/14/2018)
2018-12-1453AMENDED COMPLAINT against Office of Personnel Management, United States Department of Justice filed by Julian Okeayainneh. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (aaa) (Entered: 12/14/2018)
2018-12-1754Motion for Extension of Time to File Answer to Plaintiff's First Amended Complaint filed by Office of Personnel Management, United States Department of Justice (Hasday-DOJ, Lisa) (Entered: 12/17/2018)
2018-12-1855ELECTRONIC ORDER GRANTING Doc. 54 Defendants' Motion for Extension of Time to File Answer or Otherwise Plead. Defendants' answer or other responsive pleading is due by 1/11/2019. (Ordered by Magistrate Judge Renee Harris Toliver on 12/18/2018) (chmb) (Entered: 12/18/2018)
2018-12-2856Order Granting Government's Omnibus Motion for Stay of Cases in Light of Lapse of Appropriations (Ordered by Chief Judge Barbara M.G. Lynn on 12/28/2018) (Attachments: # 1 Government's Omnibus Motion for Stay) (lrl) (Entered: 12/28/2018)
2018-12-28***Clerk's Notice of delivery: (see NEF for details) Docket No: 56 . Fri Dec 28 13:51:57 CST 2018 (crt) Modified on 12/28/2018 (ewd). (Entered: 12/28/2018)
2019-01-2857ORDER GRANTING GOVERNMENT'S OMNIBUS MOTION FOR LIFT OF STAY: Unless otherwise directed by the United States District Judge presiding in a particular case, all deadlines that had not expired on or before December 21, 2018 in a case covered by the stay order are extended for 34 days (i.e., the duration of the lapse in appropriations for the Department of Justice). (Ordered by Chief Judge Barbara M.G. Lynn on 1/26/2019) (Attachments: # 1 Additional Page(s) Omnibus Motion to Lift Stay) (ctf) (Entered: 01/28/2019)
2019-01-28***Clerk's Notice of delivery: (see NEF for details) Docket No:57. Mon Jan 28 11:54:48 CST 2019 (crt) (Entered: 01/28/2019)
2019-02-1458ANSWER to 53 Amended Complaint filed by Office of Personnel Management, United States Department of Justice. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Hasday-DOJ, Lisa) (Entered: 02/14/2019)
2019-03-2059ELECTRONIC ORDER: In light of the District Judge's Order Granting Government's Omnibus Motion for Lift of Stay , Doc. 57 , the Court resets the following deadlines. Amended Pleadings are due by 4/12/2019 . Joinder of Parties is due by 4/12/2019 . Motions (including dispositive motions) are due by 4/26/2019 . (Ordered by Magistrate Judge Renee Harris Toliver on 3/20/2019) (chmb) (Entered: 03/20/2019)
2019-03-20***Clerk's Notice of delivery: (see NEF for details) Docket No:59. NEF Wed Mar 20 16:24:05 CDT 2019 (crt) (Entered: 03/20/2019)
2019-04-2660MOTION for Summary Judgment filed by Office of Personnel Management, United States Department of Justice (Hasday-DOJ, Lisa) (Entered: 04/26/2019)
2019-04-2661Brief/Memorandum in Support filed by Office of Personnel Management, United States Department of Justice re 60 MOTION for Summary Judgment (Hasday-DOJ, Lisa) (Entered: 04/26/2019)
2019-04-2662Appendix in Support filed by Office of Personnel Management, United States Department of Justice re 61 Brief/Memorandum in Support of Motion (Hasday-DOJ, Lisa) (Entered: 04/26/2019)
2019-05-1663Combined Cross-Motion for Partial Summary Judgment and Opposition to the Defendant's Motion for Summary Judgment filed by Julian Okeayainneh. (aaa) (Entered: 05/17/2019)
2019-05-1664Memorandum in Support filed by Julian Okeayainneh re 63 MOTION for Summary Judgment. (aaa) (Entered: 05/17/2019)
2019-05-1665Appendix in Support filed by Julian Okeayainneh re 64 Brief/Memorandum in Support of Motion. (aaa) (Entered: 05/17/2019)
2019-05-1666Plaintiff's Statement of Material Facts In Dispute filed by Julian Okeayainneh. (aaa) (Entered: 05/17/2019)
2019-05-1667Plaintiff's Statement of Material Facts Not In Dispute filed by Julian Okeayainneh. (aaa) (Entered: 05/17/2019)
2019-05-2068Combined Cross-MOTION for Partial Summary Judgment and Opposition filed by Julian Okeayainneh. (aaa) (Entered: 05/21/2019)
2019-05-2069(Duplicate) Brief/Memorandum in Support filed by Julian Okeayainneh re 68 MOTION for Summary Judgment. (aaa) (Entered: 05/21/2019)
2019-05-2070(Duplicate) Appendix in Support filed by Julian Okeayainneh re 69 Brief/Memorandum in Support of Motion. (aaa) (Entered: 05/21/2019)
2019-05-2071(Duplicate) Plaintiff's Statement of Material Facts Not In Dispute filed by Julian Okeayainneh. (aaa) (Entered: 05/21/2019)
2019-05-2072(Duplicate) Plaintiff's Statement of Material Facts In Dispute filed by Julian Okeayainneh. (aaa) (Entered: 05/21/2019)
2019-05-3073REPLY filed by Office of Personnel Management, United States Department of Justice re: 60 MOTION for Summary Judgment (Hasday-DOJ, Lisa) (Entered: 05/30/2019)
2019-06-1374Response filed by Julian Okeayainneh in Support of his Reply Brief for Defendants' 60 MOTION for Summary Judgment. (zkc) (Entered: 06/13/2019)
2019-07-0275NOTICE of Change of Address for Pro Se litigant Julian Okeayainneh. New address: BOP Oakdale FCI, PO Box 5000, Oakdale, LA 71463. (mla) (Entered: 07/02/2019)
2019-08-0576ELECTRONIC ORDER:Plaintiff's Motion to Join Additional Parties , Doc. 45 is TERMINATED AS MOOT in light of Plaintiff's filing of an Amended Complaint , Doc. 53 . (Ordered by Magistrate Judge Renee Harris Toliver on 8/5/2019) (chmb) (Entered: 08/05/2019)
2019-08-06***Clerk's Notice of delivery: (see NEF for details) Docket No:76. NEF Tue Aug 6 11:56:06 CDT 2019 (crt) (Entered: 08/06/2019)
2020-02-2677ELECTRONIC ORDER TERMINATING AS DUPLICATIVE of Doc. 63 , Plaintiff's Combined Cross-Motion for Partial Summary Judgment and Opposition to the Defendants' Motion for Summary Judgment , Doc. 68 . (Ordered by Magistrate Judge Renee Harris Toliver on 2/26/2020) (chmb) (Entered: 02/26/2020)
2020-02-27***Clerk's Notice of delivery: (see NEF for details) Docket No:77. Thu Feb 27 10:29:45 CST 2020 (crt) (Entered: 02/27/2020)
2020-03-0578MEMORANDUM OPINION: Defendants' Motion for Summary Judgment is GRANTED, and Plaintiff's Cross-Motion for Partial Summary Judgment is DENIED. (Ordered by Magistrate Judge Renee Harris Toliver on 3/5/2020) (mcrd) (Entered: 03/05/2020)
2020-03-0579FINAL JUDGMENT: In accordance with the Court's Order granting Defendants' Motion for Summary Judgment, it is ORDERED, ADJUDGED, and DECREED that Plaintiff's claims are DISMISSED WITH PREJUDICE. It is further ORDERED that due to the frivolous nature of Plaintiff's claims, this dismissal will count as a "strike" or "prior occasion" within the meaning of 28 U.S.C. § 1915(g). (Ordered by Magistrate Judge Renee Harris Toliver on 3/5/2020) (mcrd) (Entered: 03/05/2020)
2020-03-05***Clerk's Notice of delivery: (see NEF for details) Docket No:78. Thu Mar 5 15:42:48 CST 2020 (crt) (Entered: 03/05/2020)
2020-03-05***Clerk's Notice of delivery: (see NEF for details) Docket No:79. Thu Mar 5 15:42:56 CST 2020 (crt) (Entered: 03/05/2020)
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