Skip to content

Case Detail

[Subscribe to updates]
Case TitleKOVALEVICH v. UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv01671
Date Filed2018-07-13
Date Closed2021-08-25
JudgeJudge Ketanji Brown Jackson
PlaintiffSEAN MICHAEL KOVALEVICH
Case DescriptionSean Kovalevich, a state prisoner in North Dakota, submitted a FOIA request to the Executive Office for U.S. Attorneys for records concerning himself. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Kovalevich filed suit.
Complaint issues: Failure to respond within statutory time limit, Request - Perfected request, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Opinion/Order [27]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-07-13Initiating Pleading & IFP Application Received on 7/13/18. A copy of the docket sheet has been mailed to the address of record for the pro se party. (zsth) (Entered: 07/17/2018)
2018-07-131COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS filed by SEAN MICHAEL KOVALEVICH. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(zsth) (Entered: 07/17/2018)
2018-07-132MOTION for Leave to Proceed in forma pauperis by SEAN MICHAEL KOVALEVICH (Attachments: # 1 Supplement)(zsth) (Entered: 07/17/2018)
2018-07-133PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by SEAN MICHAEL KOVALEVICH (zsth) (Entered: 07/17/2018)
2018-08-024ORDER directing an initial partial filing fee in the amount of $60.02 from Prison Account of SEAN MICHAEL KOVALEVICH and granting MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Pro Se party has been notified by first class mail. Signed by Judge Rudolph Contreras on 07/31/2018. (zsb) (Entered: 08/07/2018)
2018-08-02Case Assigned to Judge Ketanji Brown Jackson. (zsb) (Entered: 08/07/2018)
2018-08-105SUMMONS (3) Issued as to UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, U.S. Attorney and U.S. Attorney General (zsb) (Entered: 08/10/2018)
2018-09-106RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/10/2018. Answer due for ALL FEDERAL DEFENDANTS by 10/10/2018. (jf) (Entered: 09/12/2018)
2018-09-217NOTICE of Appearance by Matthew Evan Kahn on behalf of UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (Kahn, Matthew) (Entered: 09/21/2018)
2018-10-048RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS served on 10/2/2018, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/02/2018., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/10/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 10/10/2018.) (jf) (Entered: 10/05/2018)
2018-10-109ANSWER to 1 Complaint, by UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS.(Kahn, Matthew) (Entered: 10/10/2018)
2018-11-01MINUTE ORDER: On October 10, 2018, Defendant filed an Answer and Defenses in response to this prisoner action brought 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. On or before November 20, 2018, Defendant shall either file a dispositive motion or propose a schedule to govern these proceedings to completion. SO ORDERED. Signed by Judge Ketanji Brown Jackson on 11/1/18. (ah) (Entered: 11/01/2018)
2018-11-01Set/Reset Deadlines: Dispositive Motions due by 11/20/2018. (gdf) (Entered: 11/06/2018)
2018-11-1310MOTION for Summary Judgment by SEAN MICHAEL KOVALEVICH (jf) (Entered: 11/15/2018)
2018-11-2011STATUS REPORT AND PROPOSED BRIEFING SCHEDULE by UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS. (Kahn, Matthew) (Entered: 11/20/2018)
2018-11-2912MOTION to Hold in Abeyance re 10 MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (Kahn, Matthew) (Entered: 11/29/2018)
2018-12-0713ORDER denying 10 Plaintiff's Motion for Summary Judgment and 12 Defendant's Motion to Hold Plaintiff's Motion in Abeyance; setting briefing schedule (see document for details). Signed by Judge Ketanji Brown Jackson on 12/7/18.(ah) (Entered: 12/07/2018)
2018-12-07Set/Reset Deadlines: Cross Motions due by 3/4/2019. Response to Cross Motions due by 3/22/2019. Reply to Cross Motions due by 4/8/2019. Summary Judgment motions due by 1/18/2019. Response to Motion for Summary Judgment due by 3/4/2019. Reply to Motion for Summary Judgment due by 3/22/2019. (gdf) (Entered: 12/10/2018)
2018-12-1414RESPONSE re 12 MOTION to Hold in Abeyance re 10 MOTION for Summary Judgment filed by SEAN MICHAEL KOVALEVICH. (Attachments: # 1 Text of Proposed Order)(jf) (Entered: 12/18/2018)
2019-01-1815MOTION to Stay , MOTION for Extension of Time to in Light of Lapse of Appropriations by UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (Attachments: # 1 Text of Proposed Order)(Hudak, Brian) (Entered: 01/18/2019)
2019-01-22MINUTE ORDER granting 15 Motion to Stay in light of lapse of appropriations. For good cause shown, it is hereby ORDERED that this case is STAYED. Counsel for Defendant shall notify the Court as soon as Congress has appropriated funds; at that point, the Court will enter an order resetting the applicable deadlines, which will be extended day-for-day with the duration of the lapse in appropriations. Signed by Judge Ketanji Brown Jackson on 1/22/2019. (lckbj1) (Entered: 01/22/2019)
2019-02-0116NOTICE of Restored Government Funding by UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (Kahn, Matthew) (Entered: 02/01/2019)
2019-02-07MINUTE ORDER: In view of the Notice of Restored Government Funding, Defendant shall propose a revised briefing schedule on or before February 15, 2019. SO ORDERED. Signed by Judge Ketanji Brown Jackson on 2/7/19.(ah) (Entered: 02/07/2019)
2019-02-07Set/Reset Deadlines: Briefing Schedule due by 2/15/2019. (gdf) (Entered: 02/07/2019)
2019-02-1517PROPOSED BRIEFING SCHEDULE re Order dated February 7, 2019 by UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS. (Kahn, Matthew) (Entered: 02/15/2019)
2019-03-0118ORDER revising briefing schedule (see document for details). Signed by Judge Ketanji Brown Jackson on 3/1/19.(ah) (Entered: 03/01/2019)
2019-03-1519MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Statement of Facts, # 5 Text of Proposed Order, # 6 Certificate of Service)(Kahn, Matthew) (Entered: 03/15/2019)
2019-03-15NOTICE OF ERROR re 19 Motion for Summary Judgment; emailed to matthew.kahn@usdoj.gov, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. Please refile document, 3. Memorandum in support using the "OPPOSITION" event. Modified on 3/15/2019 (zjf). (Entered: 03/15/2019)
2019-03-1820ERRATA by UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS 19 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS. (Kahn, Matthew) (Entered: 03/18/2019)
2019-04-2221Memorandum in opposition to re 19 MOTION for Summary Judgment filed by SEAN MICHAEL KOVALEVICH. (jf) (Entered: 04/24/2019)
2019-04-2222Cross MOTION for Summary Judgment by SEAN MICHAEL KOVALEVICH (jf) (Entered: 04/24/2019)
2019-05-1623REPLY to opposition to motion re 19 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS. (Kahn, Matthew) (Entered: 05/16/2019)
2019-05-1624Memorandum in opposition to re 22 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS. (Kahn, Matthew) (Entered: 05/16/2019)
2019-09-1625MOTION for Judgment on the Pleadings by SEAN MICHAEL KOVALEVICH (jf) (Entered: 09/19/2019)
2019-09-2726NOTICE OF SUBSTITUTION OF COUNSEL by Johnny Hillary Walker, III on behalf of UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS Substituting for attorney Matthew Kahn (Attachments: # 1 Certificate of Service)(Walker, Johnny) (Entered: 09/27/2019)
2021-08-1627MEMORANDUM OPINION dismissing complaint for lack of jurisdiction, denying Defendant's 19 Motion for Summary Judgment as moot, denying Plaintiff's 22 Cross-Motion for Summary Judgment, and permitting Plaintiff to file a motion for litigation costs. Any such motion for costs shall be filed on or before 9/6/21 and Defendant's response (if any) shall be filed on or before 9/27/21. Signed by Judge Ketanji Brown Jackson on 8/16/2021. (jag) (Entered: 08/16/2021)
2021-08-1628ORDER dismissing complaint for lack of jurisdiction, denying Defendant's 19 Motion for Summary Judgment as moot, denying Plaintiff's 22 Cross-Motion for Summary Judgment, and permitting Plaintiff to file a motion for litigation costs. Any such motion for costs shall be filed on or before 9/6/21 and Defendant's response (if any) shall be filed on or before 9/27/21. Signed by Judge Ketanji Brown Jackson on 8/16/2021. (jag) (Entered: 08/16/2021)
2021-08-16MINUTE ORDER. The Court is in receipt of Plaintiff's 25 Motion for Judgment on the Pleadings, which asks this Court to "rule on the Summary Judgment motions now pending in this matter." (ECF No. 25 at 1.) In light of this Court's 27 Memorandum Opinion and 28 Order resolving the parties' cross-motions for summary judgment, it is hereby ORDERED that Plaintiff's Motion for Judgment on the Pleadings is DENIED as moot. Signed by Judge Ketanji Brown Jackson on 8/16/2021. (jag) (Entered: 08/16/2021)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar