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Case TitleWHITTAKER v. UNITED STATES DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv01434
Date Filed2018-06-18
Date ClosedOpen
JudgeJudge Amit P. Mehta
PlaintiffNOEL F. WHITTAKER
Case DescriptionNoel Whitaker submitted a FOIA request to the Office of Personnel Management for records concerning his background investigation. The agency disclosed a two-page document with a redaction requested by the FBI. Whitaker filed an administrative appeal of that decision with the Office of Information Policy at the Department of Justice. OIP upheld the FBI's redaction. Whitaker than filed suit against OPM and DOJ.
Complaint issues: Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF JUSTICE
DefendantUNITED STATES OFFICE OF PERSONNEL MANAGEMENT
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [23]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-06-181COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-5539070) filed by NOEL F. WHITTAKER. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Lynch, John) (Entered: 06/18/2018)
2018-06-18Case Assigned to Judge Amit P. Mehta. (zmd) (Entered: 06/20/2018)
2018-06-202NOTICE Updated Civil Cover Sheet by NOEL F. WHITTAKER (Lynch, John) (Entered: 06/20/2018)
2018-06-203SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent) (zmd) (Entered: 06/20/2018)
2018-07-234NOTICE of Appearance by Brian J. Field on behalf of All Defendants (Field, Brian) (Entered: 07/23/2018)
2018-07-235Consent MOTION for Extension of Time to Respond to Plaintiff's Complaint by UNITED STATES DEPARTMENT OF JUSTICE (Field, Brian) (Entered: 07/23/2018)
2018-07-23MINUTE ORDER granting Defendant's 5 Motion for Extension of Time. Defendant shall respond to Plaintiff's Complaint no later than August 27, 2018. Signed by Judge Amit P. Mehta on 07/23/2018. (lcapm3) (Entered: 07/23/2018)
2018-07-24Set/Reset Deadlines: Answer to the Complaint due by 8/27/2018. (tg) (Entered: 07/24/2018)
2018-08-226Consent MOTION for Extension of Time to File Answer re 1 Complaint by UNITED STATES DEPARTMENT OF JUSTICE (Field, Brian) (Entered: 08/22/2018)
2018-08-23MINUTE ORDER granting Defendant's 6 Motion for Extension of Time. Defendant shall respond to Plaintiff's Complaint no later than September 10, 2018. Signed by Judge Amit P. Mehta on 08/28/2018. (lcapm3) (Entered: 08/23/2018)
2018-08-23Set/Reset Deadlines: Defendant's response to Plaintiff's Complaint due by 9/10/2018. (hmc) (Entered: 08/23/2018)
2018-09-107ANSWER to Complaint by UNITED STATES DEPARTMENT OF JUSTICE.(Field, Brian) (Entered: 09/10/2018)
2018-09-10MINUTE ORDER. Both a Complaint and an Answer are now before the court in this FOIA case. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before October 1, 2018. The Joint Status Report shall include (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976); and (5) whether the parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Amit P. Mehta on 09/10/2018. (lcapm3) (Entered: 09/10/2018)
2018-09-10Set/Reset Deadlines: Joint Status Report due by 10/1/2018. (zjd) (Entered: 09/12/2018)
2018-10-018Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Field, Brian) (Entered: 10/01/2018)
2018-10-039ORDER entering the briefing schedule proposed in the parties' 8 Joint Status Report. The schedule for further proceedings in this matter is as follows: (1) Plaintiff's Motion for Leave to File an Amended Complaint is due on or before October 15, 2018; (2) Defendant's Motion for Summary Judgment is due on or before November 15, 2018; (3) Plaintiff's Opposition to Defendant's Motion and any Cross-Motion for Summary Judgment is due on or before December 31, 2018; (4) Defendant's Reply in Support of Summary Judgment and Opposition to any Cross-Motion for Summary Judgment is due on or before January 31, 2019; and (5) Plaintiff's Reply in Support of any Cross-Motion for Summary Judgment is due on or before February 28, 2019. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 10/03/2018. (lcapm3) (Entered: 10/03/2018)
2018-10-03Set/Reset Deadlines: Motion for Leave to File Amended Complaint due by 10/15/2018. Defendant's Motion for Summary Judgment due by 11/15/2018. Plaintiff's Opposition and Cross-Motion for Summary Judgment due by 12/31/2018. Defendant's Reply and Opposition due by 1/31/2019. Plaintiff's Reply due by 2/28/2019. (zjd) (Entered: 10/04/2018)
2018-10-0510MOTION to Amend/Correct 1 Complaint by NOEL F. WHITTAKER (Attachments: # 1 Proposed amended complaint)(Lynch, John) (Entered: 10/05/2018)
2018-10-05Minute Order. It remains unclear to the court whether Defendant opposes Plaintiff's request to amend his complaint. The Status Report filed on October 1, 2018, merely states that the "[t]he Parties have agreed that Plaintiff will file a motion for leave to amend," but does not say whether Defendant consents to the amendment. Likewise, the motion to amend itself does not represent Defendant's position. Accordingly, no later than October 10, 2018, Defendant shall notify the court whether it consents to Plaintiff's request to file an amended complaint. Signed by Judge Amit P. Mehta on 10/05/2018. (lcapm3) (Entered: 10/05/2018)
2018-10-0511NOTICE by UNITED STATES DEPARTMENT OF JUSTICE re Order,, (Field, Brian) (Entered: 10/05/2018)
2018-10-05MINUTE ORDER granting 10 Plaintiff's Motion to Amend Complaint. Plaintiff's Amended Complaint shall now be the operative pleading in this case. Signed by Judge Amit P. Mehta on 10/05/2018. (lcapm3). (Entered: 10/05/2018)
2018-10-0912AMENDED COMPLAINT to add defendant United States Office of Personnel Management against NOEL F. WHITTAKER filed by NOEL F. WHITTAKER. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(Lynch, John) (Entered: 10/09/2018)
2018-10-1013SUMMONS (4 ) Issued Electronically as to UNITED STATES OFFICE OF PERSONNEL MANAGEMENT (2 issued for U.S.O.P.M), U.S. Attorney and U.S. Attorney General (ztd) (Entered: 10/10/2018)
2018-10-1814NOTICE of Appearance by Brian J. Field on behalf of UNITED STATES OFFICE OF PERSONNEL MANAGEMENT (Field, Brian) (Entered: 10/18/2018)
2018-10-1815ANSWER to 12 Amended Complaint by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES OFFICE OF PERSONNEL MANAGEMENT.(Field, Brian) (Entered: 10/18/2018)
2018-11-1516MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES OFFICE OF PERSONNEL MANAGEMENT (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Watters Decl., # 4 Declaration Hardy Decl., # 5 Text of Proposed Order)(Field, Brian) (Entered: 11/15/2018)
2018-12-0517Cross MOTION for Summary Judgment by NOEL F. WHITTAKER (Lynch, John) (Entered: 12/05/2018)
2018-12-0518Memorandum in opposition to re 16 MOTION for Summary Judgment filed by NOEL F. WHITTAKER. (See Docket Entry 17 to view document (jf) (Entered: 12/07/2018)
2018-12-07NOTICE OF ERROR re 17 Motion for Summary Judgment; emailed to jlynch@ubalt.edu, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. DO NOT REFILE - Counsel is reminded to docket all parts of their filing (zjf, ) (Entered: 12/07/2018)
2019-01-2819Consent MOTION to Modify Briefing Schedule by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES OFFICE OF PERSONNEL MANAGEMENT (Field, Brian). (Entered: 01/28/2019)
2019-01-29MINUTE ORDER granting 19 Defendants' Consent Motion for Amendment of Briefing Schedule. The court sets the following schedule for further proceedings in this matter: Defendants' Reply in Support of Summary Judgment and Opposition to any Cross-Motion shall be filed on or before March 4, 2019. Plaintiff's Reply in Support of Summary Judgment shall be filed on or before April 1, 2019. Signed by Judge Amit P. Mehta on 01/29/2019. (lcapm3) (Entered: 01/29/2019)
2019-01-29Set/Reset Deadlines: Defendant's Reply and Opposition due by 3/4/2019. Plaintiff's Reply due by 4/1/2019. (zjd) (Entered: 02/04/2019)
2019-03-0420REPLY to opposition to motion re 16 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES OFFICE OF PERSONNEL MANAGEMENT. (Field, Brian) (Entered: 03/04/2019)
2019-03-2521SURREPLY to opposition to motion re 17 Cross MOTION for Summary Judgment filed by NOEL F. WHITTAKER. (Lynch, John) Modified text to read surreply on 4/1/2019 (ztd). (Entered: 03/25/2019)
2019-03-2522Memorandum in opposition to re 16 MOTION for Summary Judgment filed by NOEL F. WHITTAKER; (See docket entry no. 21 to view.) (ztd) (Entered: 03/25/2019)
2019-06-2123MEMORANDUM OPINION AND ORDER denying the parties' 16 and 17 Motions for Summary Judgment. See the attached Memorandum Opinion for additional details. The parties shall meet and confer and propose a briefing schedule to the court on or before July 1, 2019. Signed by Judge Amit P. Mehta on 06/21/2019. (lcapm3) (Entered: 06/21/2019)
2019-06-21Set/Reset Deadlines: Proposed Briefing Schedule due by 7/1/2019. (zjd) (Entered: 06/25/2019)
2019-06-2824Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES OFFICE OF PERSONNEL MANAGEMENT. (Field, Brian) (Entered: 06/28/2019)
2019-07-01MINUTE ORDER. Having considered 24 the parties' Joint Motion for Scheduling Order, the court sets the following schedule for further proceedings in this matter: Defendants' Renewed Motion for Summary Judgment shall be filed on or before September 20, 2019; Plaintiff's Cross-Motion and Opposition shall be filed on or before November 4, 2019; Defendants' Reply and Opposition shall be filed on or before December 4, 2019; and Plaintiff's Reply shall be filed on or before December 31, 2019. Signed by Judge Amit P. Mehta on 07/01/2019. (lcapm3) (Entered: 07/01/2019)
2019-07-01Set/Reset Deadlines: Defendants' Renewed Motion for Summary Judgment due by 9/20/2019. Plaintiff's Cross-Motion and Opposition due by 11/4/2019. Defendants' Reply and Opposition due by 12/4/2019. Plaintiff's Reply due by 12/31/2019.(zjd) (Entered: 07/01/2019)
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