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DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv01171
Date Filed2018-05-14
Date ClosedOpen
JudgeJudge Emmet G. Sullivan
Case DescriptionWayne Werth, a federal prisoner, submitted a FOIA request to U.S. Marshals Service for records concerning legal materials that were taken away from Werth when he was transferred from a state prison in Michigan. After hearing nothing further from the agency, Werth filed suit.
Complaint issues: Failure to respond within statutory time limit

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

2018-05-14Initiating Pleading & IFP Application Received on 5/14/18. (zsth) (Entered: 05/22/2018)
2018-05-141COMPLAINT against U.S. DEPARTMENT OF JUSTICE, U.S. MARSHALS SERVICE filed by WAYNE R. WERTH.(zsth) (Entered: 05/22/2018)
2018-05-142MOTION for Leave to Proceed in forma pauperis by WAYNE R. WERTH (zsth) (Entered: 05/22/2018)
2018-05-314ORDER directing an initial partial filing fee in the amount of $24.58 from Prison Account of WAYNE R. WERTH and granting 2 MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Signed by Judge Colleen Kollar-Kotelly on 5/31/2018. (zrdj) (Entered: 06/04/2018)
2018-05-31Case Assigned to Judge Emmet G. Sullivan. Unassigned is no longer assigned to the case. (zjd) (Entered: 06/05/2018)
2018-06-055SUMMONS (4) Issued as to U.S. DEPARTMENT OF JUSTICE, U.S. MARSHALS SERVICE, U.S. Attorney and U.S. Attorney General. (zjd) (Entered: 06/05/2018)
2018-06-066STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 6/06/18. (Attachment: # 1 Exhibit 1) (mac) (Entered: 06/06/2018)
2018-06-257SUPPLEMENT (Additional Exhibits) re 1 Complaint filed by WAYNE R. WERTH. (jf) (Entered: 06/27/2018)
2018-07-028RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 06/29/2018. RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 6/29/2018 (jf) (Entered: 07/03/2018)
2018-07-209RETURN 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. (tth) (Entered: 07/23/2018)
2018-07-2510NOTICE of Appearance by Rhonda Lisa Campbell on behalf of U.S. DEPARTMENT OF JUSTICE, U.S. MARSHALS SERVICE (Campbell, Rhonda) (Entered: 07/25/2018)
2018-08-2011ANSWER to 1 Complaint by U.S. DEPARTMENT OF JUSTICE, U.S. MARSHALS SERVICE.(Campbell, Rhonda) (Entered: 08/20/2018)
2018-09-05MINUTE ORDER: On August 20, 2018, Defendant filed an Answer in response to the complaint brought by a prisoner and raising claims under the Freedom of Information Act (FOIA). Subsection (b) of Local Civil Rule 16.3 exempts prisoner actions and FOIA actions from the requirements of that rule and Federal Rules of Civil Procedure 16(b) and 26(f). Therefore, an Answer does little to advance the proceedings. Accordingly, Defendant shall propose a schedule to govern these proceedings on or before September 21, 2018. SO ORDERED. Signed by Judge Emmet G. Sullivan on 9/5/18. (ah) (Entered: 09/05/2018)
2018-09-06Set/Reset Deadlines: Defendant Proposed Schedule due by 9/21/2018 (mac) (Entered: 09/06/2018)
2018-09-0612NOTICE of Response by Defendant by WAYNE R. WERTH (jf) (Entered: 09/11/2018)
2018-09-2113PROPOSED BRIEFING SCHEDULE re Order,, by U.S. DEPARTMENT OF JUSTICE, U.S. MARSHALS SERVICE. (Campbell, Rhonda) (Entered: 09/21/2018)
2018-10-02MINUTE ORDER: The defendant's proposed briefing schedule is adopted, and the parties shall adhere to the following schedule. Defendant shall file its summary judgment motion in accordance with Local Civil Rule 7(a), (h) on or before October 26, 2018. Plaintiff shall file his opposition on or before December 14, 2018. Defendant shall file any reply on or before January 4, 2019. SO ORDERED.. Signed by Judge Emmet G. Sullivan on 10/2/18. (ah) (Entered: 10/02/2018)
2018-10-02Set/Reset Deadlines: Defendant Summary Judgment Motion due by 10/26/2018. Plaintiff Opposition due by 12/14/2018. Defendant Reply due by 1/4/2019. (mac) (Entered: 10/02/2018)
2018-10-2614MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE, U.S. MARSHALS SERVICE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Katherine Day, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C)(Campbell, Rhonda) (Entered: 10/26/2018)
2018-11-0215Order advising plaintiff to respond by December 14, 2018, to defendants' motion for summary judgment or risk entry of judgment in defendants' favor (see document for details). Signed by Judge Emmet G. Sullivan on 11/2/18.(ah) (Entered: 11/02/2018)
2018-11-05Set/Reset Deadlines: Plaintiff Response To Defendants' Motion For Summary Judgment due by 12/14/2018. (mac) (Entered: 11/05/2018)
2018-11-1316MOTION for Extension of Time to File Response as to 14 MOTION for Summary Judgment by WAYNE R. WERTH (jf) (Entered: 11/15/2018)
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by FOIA Project Staff
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