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Case TitleBerk v. Executive Office of United States Attorneys
DistrictNorthern District of Texas
CityDallas
Case Number3:2018cv01349
Date Filed2018-05-28
Date ClosedOpen
JudgeChief Judge Barbara M.G. Lynn
PlaintiffMichael Berk
Case DescriptionMichael Berk, a federal prisoner, submitted a FOIA request to the Executive Office for U.S. Attorneys for records concerning his conviction. The agency responded to some portions of his request, but after hearing nothing further from the agency, Berk filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantExecutive Office of United States Attorneys
DefendantDepartment of Homeland Security
DefendantUnited States Department of Homeland Security
DefendantUS Department of Justice, Federal Bureau of Prisons
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-05-281COMPLAINT against Executive Office of United States Attorneys filed by Michael Berk. Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. 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. (Van Cleave, Chad) (Entered: 05/28/2018)
2018-05-284New Case Notes: A filing fee has not been paid. CASREF case referral set and case referred to Magistrate Judge Toliver (see Special Order 3). Case received over counter/electronically. 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. (svc) (Entered: 05/29/2018)
2018-05-292CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Michael Berk. (Van Cleave, Chad) (Entered: 05/29/2018)
2018-05-293ADDITIONAL ATTACHMENTS to 1 Complaint,,, by Plaintiff Michael Berk. (Van Cleave, Chad) (Entered: 05/29/2018)
2018-06-065NOTICE OF DEFICIENCY AND ORDER: Michael Berk must address the following deficiency: Plaintiff has not paid the $400.00 filing fee ($350.00 filing fee and $50.00 administrative fee) or submitted a proper request to proceed in forma pauperis, along with a certified statement of the balance in his inmate trust account. Failure to comply with this order may lead to dismissal for failure to prosecute pursuant to FRCvP 41(b). Deadline to cure the deficiency is 7/5/2018. (Ordered by Magistrate Judge Renee Harris Toliver on 6/6/2018) (Attachments: # 1 Additional Page(s)) (ran) (Entered: 06/06/2018)
2018-06-266MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Michael Berk (Van Cleave, Chad) (Entered: 06/26/2018)
2018-07-127Order granting Motion to Proceed In Forma Pauperis and assessing a partial filing fee in the amount of $54.00 with a balance of $296.00 remaining. Clerk to mail this order to the attention of the Inmate Trust Fund Department at the facility where the inmate resides. (Ordered by Magistrate Judge Renee Harris Toliver on 7/12/2018) (chmb) (Entered: 07/12/2018)
2018-07-138ORDER ISSUING PROCESS: The Clerk of the Court is now directed to issue summons for the defendant named below and deliver the summons and a copy of the complaint to the U.S. Marshal. (Ordered by Magistrate Judge Renee Harris Toliver on 7/13/2018) (ndt) (Entered: 07/13/2018)
2018-07-139Summons issued as to Executive Office of United States Attorneys, U.S. Attorney, and U.S. Attorney General. (Attachments: # 1 Additional Page(s)) (ndt) (Entered: 07/13/2018)
2018-07-1610Business Reply Card signed by USMS; re 8 Order. Signed on 7/16/2018. (ndt) (Entered: 07/17/2018)
2018-08-0711NOTICE of Attorney Appearance by Lisa Robin Hasday-DOJ on behalf of Executive Office of United States Attorneys. (Filer confirms contact info in ECF is current.) (Hasday-DOJ, Lisa) (Entered: 08/07/2018)
2018-08-0712ORDER: The above-captioned cases are CONSOLIDATED. All future pleadings, motions, and other papers in these cases shall be filed under case number 3:18-cv 1349-M-BK. (Ordered by Chief Judge Barbara M.G. Lynn on 8/7/2018) (sss) (Entered: 08/08/2018)
2018-08-1413SUMMONS Returned Executed as to US Department of Justice, Federal Bureau of Prisons; served on 7/13/2018. (zkc) (Entered: 08/14/2018)
2018-08-1414SUMMONS Returned Executed as to Executive Office of United States Attorneys-US Attorney ND; served on 7/27/2018. (ykp) (Entered: 08/15/2018)
2018-08-1415SUMMONS Returned Executed as to Executive Office of United States Attorneys -FOIA Privacy Unit; served on 7/30/2018. (ykp) (Entered: 08/15/2018)
2018-08-1416SUMMONS Returned Executed as to Executive Office of United States Attorneys- Attorney General served on 7/30/2018. (ykp) (Entered: 08/15/2018)
2018-08-1417ANSWER to Complaint filed by US Department of Justice, Federal Bureau of Prisons. 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. Attorney Lisa Robin Hasday-DOJ added to party US Department of Justice, Federal Bureau of Prisons(pty:condft). (rekc) (Entered: 08/15/2018)
2018-08-1518CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by US Department of Justice, Federal Bureau of Prisons. (rekc) (Entered: 08/15/2018)
2018-08-2319ORDER ISSUING PROCESS: The Clerk of the Court is now directed to issue summons for the defendant named below and deliver the summons and a copy of the complaint in Case No. 3:18-CV-1350-M-BK to the U.S. Marshal: Office of the General Counsel U.S. Department of Homeland Security. (Ordered by Magistrate Judge Renee Harris Toliver on 8/23/2018) (zkc) (Entered: 08/23/2018)
2018-08-2320Summons issued as to Department of Homeland Security, U.S. Attorney, and U.S. Attorney General. (zkc) (Entered: 08/23/2018)
2018-08-2321Business Reply Card signed by USMS; re 19 Order, 20 Summons Issued, Complaint (3:18-cv-1350), 4 Consent Form. Signed on 8/23/2018. (zkc) (Main Document 21 replaced on 8/24/2018) (zkc). (Entered: 08/23/2018)
2018-08-2722ANSWER to 1 Complaint filed by Executive Office of United States Attorneys. 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: 08/27/2018)
2018-08-2723CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Executive Office of United States Attorneys. (Hasday-DOJ, Lisa) (Entered: 08/27/2018)
2018-09-1024NOTICE of Attorney Appearance by Lisa Robin Hasday-DOJ on behalf of United States Department of Homeland Security. (Filer confirms contact info in ECF is current.) (Hasday-DOJ, Lisa) (Entered: 09/10/2018)
2018-10-0125SUMMONS Returned Executed as to United States Department of Homeland Security, served on 9/6/2018; US Attorney, served on 9/5/2018; Attorney General, served on 9/7/2018. (rekc) (Entered: 10/02/2018)
2018-10-0426Unopposed Motion for Extension of Time to File Answer or Otherwise Plead filed by United States Department of Homeland Security (Hasday-DOJ, Lisa) (Entered: 10/04/2018)
2018-10-0527ELECTRONIC ORDER GRANTING Doc. 26 Motion for Extension of Time to File Answer. United States Department of Homeland Security's answer or other responsive pleading is due by 11/5/2018. (Ordered by Magistrate Judge Renee Harris Toliver on 10/5/2018) (chmb) (Entered: 10/05/2018)
2018-11-0128Unopposed Motion for Extension of Time to File Answer or Otherwise Plead filed by United States Department of Homeland Security (Hasday-DOJ, Lisa) (Entered: 11/01/2018)
2018-11-0229ELECTRONIC ORDER GRANTING Doc. 28 Defendant DHS Second Unopposed Motion for Extension of Time to Answer or Otherwise Plead . United States Department of Homeland Security's answer or other responsive pleading is due by December 5, 2018 . (Ordered by Magistrate Judge Renee Harris Toliver on 11/2/2018) (chmb) (Entered: 11/02/2018)
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by FOIA Project Staff
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