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Case TitleMcMichael v. U.S. Department of Justice
DistrictDistrict of Delaware
CityWilmington
Case Number1:2018cv00997
Date Filed2018-07-03
Date ClosedOpen
JudgeJudge Christopher J. Burke
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
Documents
Docket
Complaint
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: http://www.ded.uscourts.gov/sites/default/files/forms/StandingOrder2017.pdf (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: (www.ded.uscourts.gov/judge/magistrate-judge-christopher-j-burke). 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)
2018-08-15Pro Hac Vice Attorney Britain R. Henry for William McMichael added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg) (Entered: 08/15/2018)
2018-08-16Pro Hac Vice Attorney Tuan Samahon for William McMichael added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (crb) (Entered: 08/16/2018)
2018-08-237Joint STIPULATION to Stay Proceedings with Proposed Order by U.S. Department of Justice. (Robinson, Graham) (Entered: 08/23/2018)
2018-08-23SO ORDERED D.I. 7 Stipulation to Stay Proceedings filed by U.S. Department of Justice. Ordered by Judge Christopher J. Burke on 8/23/2018. (dlb) (Entered: 08/23/2018)
2018-08-31Case Reassigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) (Entered: 08/31/2018)
2018-09-058CONSENT to Jurisdiction by U.S. Magistrate Judge. Case reassigned to Magistrate Judge Christopher J. Burke. Signed by Judge Maryellen Noreika on 9/5/2018. (dlw) (Entered: 09/05/2018)
2018-10-319NOTICE of Change of Affiliation by William McMichael regarding Tuan N. Samahon and Britain R. Henry (Herington, Ellis) (Entered: 10/31/2018)
2019-03-2210Joint STATUS REPORT , Stipulation, and Proposed Order to Continue to Stay Proceedings by William McMichael. (Chuff, Christopher) (Entered: 03/22/2019)
2019-03-25SO ORDERED D.I. 7 Stipulation to Continue to Stay Proceedings filed by U.S. Department of Justice. Ordered by Judge Christopher J. Burke on 3/25/2019. (dlb) (Entered: 03/25/2019)
2019-12-1011STATUS REPORT by U.S. Department of Justice. (Robinson, Graham) (Entered: 12/10/2019)
2019-12-1112ORAL ORDER granting D.I. 11 Status Report, Stipulation and Proposed Order filed by U.S. Department of Justice. The Court also hereby ORDERS the parties to submit a joint status report, no later than January 11, 2020, regarding whether the case should remain stayed, the status of production of records, and the need, if any, for a conference with the Court. Ordered by Judge Christopher J. Burke on 12/11/2019. (dlb) (Entered: 12/11/2019)
2019-12-1113NOTICE requesting Clerk to remove Ellis E. Herington as co-counsel. Reason for request: no longer with the firm. (Cline, Joanna) (Entered: 12/11/2019)
2020-01-1014Joint STATUS REPORT , Stipulation, and Proposed Order to Continue to Stay Proceedings by U.S. Department of Justice. (Robinson, Graham) (Entered: 01/10/2020)
2020-01-1315ORAL ORDER: granting D.I. 14 Joint Status Report, Stipulation and Proposed Order. The Court also hereby ORDERS the parties to submit a joint status report, no later than February 12, 2020, regarding whether the case should remain stayed, the status of production of records, and the need, if any, for a conference with the Court. Ordered by Judge Christopher J. Burke on 1/13/2020. (dlb) (Entered: 01/13/2020)
2020-02-1216Joint STATUS REPORT , Stipulation, and Proposed Order to Continue to Stay Proceedings by U.S. Department of Justice. (Robinson, Graham) (Entered: 02/12/2020)
2020-02-1217ORAL ORDER granting D.I. 16 Joint Status Report, Stipulation and Proposed Order. The Court also hereby ORDERS the parties to submit a joint status report, no later than April 15, 2020, regarding whether the case should remain stayed, the status of production of records, and the need, if any, for a conference with the Court. Ordered by Judge Christopher J. Burke on 2/12/2020. (dlb) (Entered: 02/12/2020)
2020-04-0118Joint STATUS REPORT STIPULATION, AND PROPOSED ORDER TO CONTINUE TO STAY PROCEEDINGS by U.S. Department of Justice. (Robinson, Graham) (Entered: 04/01/2020)
2020-04-0619ORAL ORDER granting D.I. 18 Joint Status Report, Stipulation and Proposed Order. The Court also hereby ORDERS the parties to submit a joint status report, no later than July 15, 2020, regarding whether the case should remain stayed, the status of production of records, and the need, if any, for a conference with the Court. Ordered by Judge Christopher J. Burke on 4/3/2020. (dlb) (Entered: 04/06/2020)
2020-07-1620Joint STATUS REPORT by U.S. Department of Justice. (Robinson, Graham) (Entered: 07/16/2020)
2020-07-2021ORAL ORDER Setting Teleconference: The Court, having considered the parties' joint letter dated July 16, 2020, (D.I. 20), understands that the case stay expired on July 15, 2020, (D.I. 18; D.I. 19), and that the parties dispute whether it is appropriate to continue the stay until August 14, 2020, (D.I. 20). Therefore, the Court HEREBY ORDERS as follows: (1) The parties shall attend a case status teleconference on August 3, 2020, at 2:00 PM.; (2) By no later than July 30, 2020 the parties shall submit a joint letters, no longer than three (3) pages double-spaced, explaining their respective views as to whether the case should remain stayed.; (3) By no later than July 30, 2020, the parties shall jointly provide the Courts Courtroom Deputy, Ms. Benyo, with a dial-in number via e-mail to use for the August 3 call.; and (4) The Case is presently STAYED until the August 3 call. Ordered by Judge Christopher J. Burke on 7/20/2020. (dlb) Modified on 7/22/2020 (dlb). (Entered: 07/20/2020)
2020-07-22CORRECTING ENTRY: The text for the entry setting the status teleconference for 8/3/2020 has been corrected to reflect the time for the status teleconference is 2:00 PM. (dlb) (Entered: 07/22/2020)
2020-07-3022Joint STATUS REPORT by U.S. Department of Justice. (Robinson, Graham) (Entered: 07/30/2020)
2020-08-03Minute Entry for proceedings held before Judge Christopher J. Burke - Status Conference held on 8/3/2020. The Court heard the parties' views regarding how the case should proceed. The Court will issue a subsequent oral order. (Court Reporter Valerie Gunning. Clerk: Schwerin) APPEARANCES: C. Chuff and B. Henry for Plaintiff; G. Robinson for Defendant. (mlc) (Entered: 08/03/2020)
2020-08-0323ORAL ORDER: The Court, having considered the parties' joint status report, (D.I. 22 ), and having heard the parties' views at the August 3, 2020 status conference, HEREBY ORDERS as follows: (1) The stay of the case is LIFTED.; and (2) By August 10, 2020, the parties shall meet and confer and submit a stipulated schedule for briefing and argument on summary judgment motion(s), as discussed during the status conference.Ordered by Judge Christopher J. Burke on 8/3/2020. (mlc) (Entered: 08/03/2020)
2020-08-1024Letter to The Honorable Christopher J. Burke from Christopher B. Chuff regarding case status and summary judgment. (Chuff, Christopher) (Entered: 08/10/2020)
2020-08-1025MOTION to Amend/Correct 1 Complaint - filed by William McMichael. (Attachments: # 1 Certificate of Service, # 2 Text of Proposed Order, # 3 Exhibit A - Supplemental Complaint, # 4 Exhibit 1 to Supplemental Complaint, # 5 Exhibit 2 to Supplemental Complaint, # 6 Exhibit 3 to Supplemental Complaint, # 7 Exhibit 4 to Supplemental Complaint, # 8 Redline of Supplemental Complaint)(Chuff, Christopher) (Entered: 08/10/2020)
2020-08-11SO ORDERED D.I. 25 MOTION to Amend/Correct 1 Complaint filed by William McMichael. Ordered by Judge Christopher J. Burke on 8/11/2020. (dlb) (Entered: 08/11/2020)
2020-08-1426AMENDED COMPLAINT against U.S. Department of Justice- filed by William McMichael. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Chuff, Christopher) (Entered: 08/14/2020)
2020-08-1427Joint STIPULATION TO EXTEND TIME Answer to Supplemental Complaint to 60 days - filed by U.S. Department of Justice. (Robinson, Graham) (Entered: 08/14/2020)
2020-08-14SO ORDERED D.I. 27 Joint STIPULATION TO EXTEND TIME Answer to Supplemental Complaint to 60 days filed by U.S. Department of Justice. Ordered by Judge Christopher J. Burke on 8/14/2020. (dlb) (Entered: 08/14/2020)
2020-10-0828ANSWER to Amended Complaint, re: 26 Amended Complaint by U.S. Department of Justice.(Robinson, Graham) (Entered: 10/08/2020)
2020-10-1929ORAL ORDER: IT IS HEREBY ORDERED that the parties shall: (1) confer regarding proposed dates in the scheduling order and shall submit a proposal to the Court no later than November 16, 2020. The Court's form scheduling order is posted at http://www.ded.uscourts.gov (see Chambers, Judge Burke, Forms). (2) 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 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 10/19/2020. (dlb) (Entered: 10/19/2020)
2020-11-1630Joint STATUS REPORT by U.S. Department of Justice. (Robinson, Graham) (Entered: 11/16/2020)
2020-11-1631ORAL ORDER: The Court, having reviewed the parties' joint status report, (D.I. 30 ), hereby ORDERS that all proceedings in this case shall be stayed until May 31, 2021. By no later than that date, the parties shall provide the Court with a joint status report, of no more than three single-spaced pages, as to the status of the case. Case stayed. Ordered by Judge Christopher J. Burke on 11/16/2020. (mlc) (Entered: 11/16/2020)
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