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Case TitleBALDWIN v. U.S. DEPARTMENT OF ENERGY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv01872
Date Filed2018-08-09
Date ClosedOpen
JudgeJudge Emmet G. Sullivan
PlaintiffCLARENCE E. BALDWIN
Case DescriptionClarence Baldwin submitted a FOIA request to the Department of Energy for records concerning the budget for training for loan administrators. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Baldwin filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Recovery of Costs

DefendantU.S. DEPARTMENT OF ENERGY
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-08-09Initiating Pleading & IFP Application Received on 08/09/2018. A copy of the docket sheet has been mailed to the address of record for the pro se party. (zsb) (Entered: 08/09/2018)
2018-08-091COMPLAINT against U.S. DEPARTMENT OF ENERGY filed by CLARENCE E. BALDWIN. (Attachment: # 1 Exhibit) (zsb) (Entered: 08/09/2018)
2018-08-092MOTION for Leave to Proceed in forma pauperis by CLARENCE E. BALDWIN (zsb) (Entered: 08/09/2018)
2018-08-213ORDER granting 2 Motion for Leave to Proceed in forma pauperis. "Leave to file without prepayment of costs GRANTED". Signed by Judge Rudolph Contreras on 8/17/18. (zsth) (Entered: 08/23/2018)
2018-08-21Case Reassigned to Judge Emmet G. Sullivan. Unassigned is no longer assigned to the case. (zsth) (Entered: 08/23/2018)
2018-08-244STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 08/24/18. (Attachment: # 1 Exhibit 1) (mac) (Entered: 08/24/2018)
2018-10-225Civil Statement from Plaintiff. (Attachments: # 1 Exhibit)(jf) (Entered: 10/24/2018)
2018-10-25MINUTE ORDER. The Court received 5 plaintiff's "statement of material facts as to which there is no genuine issue," which is a filing that accompanies a motion for summary judgment. See 4 Standing Order. It does not appear that the Department of Energy has been served. The plaintiff is directed to serve the defendant and allow the defendant to respond before filing a dispositive motion. Serving the United States requires that a party (1) "deliver a copy of the summons and of the complaint to the United States attorney for the district where the action is brought--or to an assistant United States attorney or clerical employee whom the United States attorney designates in a writing filed with the court clerk--or send a copy of each by registered or certified mail to the civil-process clerk at the United States attorney's office," Fed. R. Civ. P. 4(i)(1)(A)(i), (ii), and (2) "send a copy of each by registered or certified mail to the Attorney General of the United States at Washington, D.C." Fed. R. Civ. P. 4(i)(1)(B). "To serve a United States agency... a party must serve the United States and also send a copy of the summons and of the complaint by registered or certified mail to the agency." Fed. R. Civ. P. 4(i)(2). A plaintiff must serve a defendant within 90 days after the complaint is filed. Fed. R. Civ. P. 4(m). The Clerk is directed to send a copy of this Minute Order to Mr. Baldwin's address of record by first-class mail, certified receipt. Signed by Judge Emmet G. Sullivan on 10/25/2018. (lcegs3) (Entered: 10/25/2018)
2018-10-306SUMMONS (3) Issued as to U.S. DEPARTMENT OF ENERGY, U.S. Attorney and U.S. Attorney General (zmd) (Entered: 10/30/2018)
2018-10-31MINUTE ORDER. The Court hereby VACATES its October 25, 2018 Order directing the plaintiff to serve the defendant. Because the Court granted Mr. Baldwin's motion to proceed in forma pauperis, the United States Marshal serves the defendant on the plaintiff's behalf. That notwithstanding, it is premature for Mr. Baldwin to file a "statement of material facts as to which there is no genuine issue" at this time, as the defendant has not yet been served. The Clerk is directed to send a copy of this Minute Order to Mr. Baldwin's address of record by first-class mail, certified receipt. Signed by Judge Emmet G. Sullivan on 10/31/2018. (lcegs3) (Entered: 10/31/2018)
2018-10-317RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/31/2018. (jf) (Main Document 7 replaced on 11/13/2018) (zjf). Modified date of service on 11/13/2018 (znmw). (Entered: 11/01/2018)
2018-11-018RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF ENERGY served on 10/31/2018, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/31/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 11/30/2018.) (jf) (Entered: 11/05/2018)
2018-11-219NOTICE of Appearance by Wyneva Johnson on behalf of All Defendants (Johnson, Wyneva) (Entered: 11/21/2018)
2018-11-3010ANSWER to Complaint by U.S. DEPARTMENT OF ENERGY.(Johnson, Wyneva) (Entered: 11/30/2018)
2018-12-0611ORDER directing the parties, by January 7, 2019, to meet, confer, and to propose a scheduling order fur further proceedings in this case. Signed by Judge Emmet G. Sullivan on 12/6/18. (ms) (Entered: 12/06/2018)
2018-12-06Set/Reset Deadlines: Proposed Scheduling Order due by 1/7/2019. (mac) (Entered: 12/06/2018)
2019-01-0712Consent MOTION to Stay , MOTION for Extension of Time to in Light of Lapse of Appropriations by U.S. DEPARTMENT OF ENERGY (Attachments: # 1 Text of Proposed Order)(Hudak, Brian) (Entered: 01/07/2019)
2019-01-09MINUTE ORDER granting 12 unopposed motion to stay in light of lapse of appropriations. Defendant is directed to notify the Court when appropriations are restored or if a continuing resolution is enacted. Signed by Judge Emmet G. Sullivan on 1/9/2019. (lcegs3) (Entered: 01/09/2019)
2019-02-0813NOTICE of Restored Government Funding by U.S. DEPARTMENT OF ENERGY (Johnson, Wyneva) (Entered: 02/08/2019)
2019-02-08MINUTE ORDER: On consideration of the 13 Notice filed by U.S. DEPARTMENT OF ENERGY, it is hereby ORDERED that the stay entered pursuant to the Court's January 9, 2019 minute order is LIFTED. It is further ORDERED that the parties shall meet, confer, and file a joint proposed scheduling order by March 8, 2019. Signed by Judge Emmet G. Sullivan on 2/8/19. (ms) (Entered: 02/08/2019)
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by FOIA Project Staff
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