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Case TitleWERTH v. U.S. DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv01171
Date Filed2018-05-14
Date Closed2020-12-03
JudgeJudge Emmet G. Sullivan
PlaintiffWAYNE R. WERTH
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

DefendantU.S. DEPARTMENT OF JUSTICE
DefendantU.S. MARSHALS SERVICE
Documents
Docket
Complaint
Opinion/Order [28]
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)
2018-05-143PARTIAL PRISONER TRUST FUND ACCOUNT STATEMENT 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)
2019-01-02MINUTE ORDER granting nunc pro tunc 16 Plaintiff's Motion for an Extension of Time. SO ORDERED. Signed by Judge Emmet G. Sullivan on 1/2/19.(ah) (Entered: 01/02/2019)
2019-01-0217Memorandum in opposition to re 14 MOTION for Summary Judgment filed by WAYNE R. WERTH. "Leave to file GRANTED" signed by Judge Emmet G. Sullivan on 01/02/2019 (jf) (Entered: 01/15/2019)
2019-01-1818MOTION to Stay , MOTION for Extension of Time to in Light of Lapse of Appropriations by U.S. DEPARTMENT OF JUSTICE, U.S. MARSHALS SERVICE (Attachments: # 1 Text of Proposed Order)(Hudak, Brian) (Entered: 01/18/2019)
2019-01-25MINUTE ORDER denying motion to stay and granting extension to file joint status report. The parties are directed to file a joint status report with a recommendation for further proceedings by no later than February 18, 2019. Signed by Judge Emmet G. Sullivan on 1/25/2019. (lcegs2) (Entered: 01/25/2019)
2019-01-28Set/Reset Deadlines: Joint Status Report due by 2/18/2019. (mac) (Entered: 01/28/2019)
2019-01-28MINUTE ORDER: The directive in the minute order entered on January 25, 2019, for the parties to file a joint status report is VACATED. The time for defendants to file any reply to plaintiff's opposition to their summary judgment motion is hereby ENLARGED to February 12, 2019. SO ORDERED. Signed by Judge Emmet G. Sullivan on 1/28/19.(ah) (Entered: 01/28/2019)
2019-02-1919REPLY to opposition to motion re 14 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE, U.S. MARSHALS SERVICE. (Campbell, Rhonda) (Entered: 02/19/2019)
2019-04-1920RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. MARSHALS SERVICE served on 4/16/2019 (jf) (Entered: 04/22/2019)
2019-09-1221MEMORANDUM OPINION AND ORDER denying without prejudice 14 Defendant's Motion for Summary Judgment; directing defendant to supplement the record by October 25, 2019 (see document for details). Signed by Judge Emmet G. Sullivan on 9/12/19.(ah) (Entered: 09/12/2019)
2019-09-13Set/Reset Deadlines: Defendant To Supplement The Record due by 10/25/2019. (mac) (Entered: 09/13/2019)
2019-10-2522RESPONSE TO ORDER OF THE COURT re 21 Order on Motion for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE, U.S. MARSHALS SERVICE. (Attachments: # 1 Declaration Luckstone)(Campbell, Rhonda) (Entered: 10/25/2019)
2020-06-1223NOTICE OF SUBSTITUTION OF COUNSEL by Derek S. Hammond on behalf of All Defendants Substituting for attorney Rhonda L. Campbell (Hammond, Derek) (Entered: 06/12/2020)
2020-09-28MINUTE ORDER. On September 12, 2019, the Court denied summary judgment to Defendant in this FOIA case and ordered supplementation of the record. On October 25, 2019, Defendant filed a Notice to the Court 22 and a supplemental declaration [22-1]; it has yet to seek dispositive relief. In light of the declaration, Defendant shall renew its motion for summary judgment on or before October 13, 2020. SO ORDERED. Signed by Judge Emmet G. Sullivan on 9/28/2020. (psu1) (Entered: 09/28/2020)
2020-09-29Set/Reset Deadlines: Defendant Renewed Motion For Summary Judgment due by 10/13/2020. (mac) (Entered: 09/29/2020)
2020-10-1324Second MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE, U.S. MARSHALS SERVICE (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Text of Proposed Order)(Hammond, Derek) (Entered: 10/13/2020)
2020-10-1525Order advising plaintiff to respond by November 30 2020, to defendants' renewed motion for summary judgment or risk entry of judgment in defendants' favor (see document for details). Signed by Judge Emmet G. Sullivan on 10/15/20.(psu1) (Entered: 10/15/2020)
2020-10-16Set/Reset Deadlines: Plaintiff Response To Defendants' Renewed Motion For Summary Judgement due by 11/30/2020. (mac) (Entered: 10/16/2020)
2020-11-2326RESPONSE TO ORDER OF THE COURT re 25 Fox/Neal Order filed by WAYNE R. WERTH. (zjf) (Entered: 11/25/2020)
2020-12-0327ORDER granting 24 Defendants' Renewed Motion for Summary Judgment and entering judgment in defendants' favor, for the reasons stated in the Memorandum Opinion issued separately this day. Signed by Judge Emmet G. Sullivan on 12/3/20.(psu1) (Entered: 12/03/2020)
2020-12-0328MEMORANDUM OPINION accompanying the final order issued separately this day. Signed by Judge Emmet G. Sullivan on 12/3/20.(psu1) (Entered: 12/03/2020)
2020-12-0329JUDGMENT in favor of Defendants against Plaintiff on 12/03/20. (mac) (Entered: 12/03/2020)
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by FOIA Project Staff
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