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Case TitleMcMichael v. U.S. Department of Justice
DistrictDistrict of Delaware
Case Number1:2018cv00997
Date Filed2018-07-03
Date ClosedOpen
JudgeVacant Judgeship (2017)
PlaintiffWilliam McMichael
Case DescriptionWilliam McMichael, a researcher and journalist, submitted a FOIA request to the FBI for records concerning its investigation of the theft and laundering of the Hesse crown jewels. The agency acknowledged receipt of the request and told McMichael that it had located 7,250 potentially responsive records and that it would take several months to process his request. McMichael agreed to limit the scope of his request in exchange for processing his request more quickly. However, after hearing nothing further from the agency, McMichael filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees, Public Interest Fee Waiver

DefendantU.S. Department of Justice
Complaint attachment 1
User-contributed Documents
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-07-031COMPLAINT filed against U.S. Department of Justice - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2413547.) - filed by William McMichael. (Attachments: # 1 Civil Cover Sheet)(fms) (Entered: 07/03/2018)
2018-07-032Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (fms) (Entered: 07/03/2018)
2018-07-03No Summons Issued. (fms) (Entered: 07/03/2018)
2018-07-06Summons Issued with Magistrate Consent Notice attached as to U.S. Department of Justice on 7/6/2018. (crb) (Entered: 07/06/2018)
2018-07-11Case Assigned to Vacant Judgeship (2017). Please include initials of VAC after the case number on all documents filed. (rjb) (Entered: 07/11/2018)
2018-07-11CASE REFERRED to Magistrate Judge Christopher J. Burke. (This matter has been assigned to the Vacant Judgeship and referred to a Magistrate Judge for handling through case-dispositive motions. The Magistrate Judge has full authority permitted by law to manage this matter, including entering schedules through trial, deciding non-dispositive matters and making recommendations as to the resolution of dispositive matters. Litigants and counsel are reminded that they have the option of consenting to the Magistrate Judge to handle the case in full, including trial, or consenting to having a particular motion resolved by the Magistrate Judge.) (rjb) (Entered: 07/11/2018)
2018-07-123MOTION for Pro Hac Vice Appearance of Attorney Britain R. Henry - filed by William McMichael. (Attachments: # 1 Certification of Britain R. Henry to be Admitted Pro Hac Vice, # 2 Text of Proposed Order)Motions referred to Christopher J. Burke.(Herington, Ellis) (Entered: 07/12/2018)
2018-07-18REMARK: The parties should be aware that the Court encourages the participation of newer attorneys in courtroom proceedings and at oral argument. Please see the Court's Standing Order Regarding Courtroom Opportunities for Newer Attorneys, a link to which is provided here for the parties' convenience: (dlb) (Entered: 07/18/2018)
2018-07-18REMARK: If the parties jointly consent to have a Magistrate Judge conduct all proceedings in this case, including trial, then when Judge Burke enters a case schedule he will enter the respective pre-trial conference and trial dates onto his calendar and will honor them. Otherwise, in accordance with the District Court's procedures for "Assignment of Cases to Visiting Judges" (issued on May 26, 2017 and available on the District Court's website), then upon the filing of a case-dispositive motion (e.g., a motion to dismiss, a motion for judgment on the pleadings, a motion for summary judgment, or initiation of the claim construction process in a patent case), VAC cases will be considered ready for reassignment to a visiting District Judge. Whether the pre-trial conference and trial dates will stand after reassignment will depend on the availability of those dates on the visiting District Judge's calendar. (dlb) (Entered: 07/18/2018)
2018-07-20SO ORDERED D.I. 3 MOTION for Pro Hac Vice Appearance of Attorney Britain R. Henry filed by William McMichael. Ordered by Judge Christopher J. Burke on 7/20/2018. (dlb) (Entered: 07/20/2018)
2018-07-304MOTION for Pro Hac Vice Appearance of Attorney Tuan Samahon - filed by William McMichael. (Attachments: # 1 Certification, # 2 Text of Proposed Order)Motions referred to Christopher J. Burke.(Chuff, Christopher) (Entered: 07/30/2018)
2018-07-305SUMMONS Returned Executed by William McMichael. U.S. Department of Justice served on 7/6/2018, answer due 7/27/2018. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Herington, Ellis) (Entered: 07/30/2018)
2018-08-03SO ORDERED, re 4 MOTION for Pro Hac Vice Appearance of Attorney Tuan Samahon filed by William McMichael. Ordered by Judge Christopher J. Burke on 8/3/2018. (jcs) (Entered: 08/03/2018)
2018-08-086ANSWER to 1 Complaint by U.S. Department of Justice.(Robinson, Graham) (Entered: 08/08/2018)
2018-08-09ORAL ORDER: IT IS HEREBY ORDERED that the parties shall meet and confer regarding the content of a proposed Scheduling Order, and shall submit such a proposed Scheduling Order to the Court no later than thirty (30) days from the date of this Order. The parties should review Judge Burkes form Rule 16 Scheduling Order Non Patent, which can be found on Judge Burkes portion of the District Court's website under the Forms tab: ( If there are disputed issues between the parties regarding the content of the Scheduling Order, the parties should note those areas of dispute in the proposed Scheduling Order, along with their proposals for the language the Court should adopt as to that issue. In addition, the parties may each separately file a letter (of no more than two single-spaced pages) setting forth their position as to these disputed issues. Ordered by Judge Christopher J. Burke on 8/9/2018. (dlb) (Entered: 08/09/2018)
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