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Case TitleHORVATH v. UNITED STATES SECRET SERVICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv02172
Date Filed2018-09-20
Date ClosedOpen
JudgeJudge John D. Bates
PlaintiffMICHAEL J. HORVATH
Case DescriptionMichael Horvath, a Secret Service agent with the presidential detail in Washington, submitted a FOIA request to U.S. Secret Service for records concerning the agency's investigation of allegations that he had been retaliated against by the Los Angeles field office. Horvath filed a class action suit in 2016 for overtime pay and compensation. As a result, he was transferred to the Los Angeles field office, where he alleged that he was subject to retaliation. Horvath's request for further information about the investigation was interpreted as being a FOIA request and sent to the FOIA office for processing. The FOIA office acknowledged receipt of the request, but after hearing nothing further from the agency, Horvath filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantUNITED STATES SECRET SERVICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-09-201COMPLAINT MICHAEL HORVATH against UNITED STATES SECRET SERVICE ( Filing fee $ 400 receipt number 0090-5698470) filed by Michael J Horvath. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Luxton, Jane) Modified on 9/24/2018 (zrdj). (Entered: 09/20/2018)
2018-09-202REQUEST FOR SUMMONS TO ISSUE filed by Michael J Horvath. (Attachments: # 1 Summons)(Luxton, Jane) (Entered: 09/20/2018)
2018-09-24Case Assigned to Judge John D. Bates. (zjd) (Entered: 09/24/2018)
2018-09-243REQUEST FOR SUMMONS TO ISSUE re 1 Complaint, filed by MICHAEL J. HORVATH. Related document: 1 Complaint, filed by MICHAEL J. HORVATH. (Attachments: # 1 Summons, # 2 Summons)(Luxton, Jane) (Entered: 09/24/2018)
2018-09-244SUMMONS (3) Issued Electronically as to UNITED STATES SECRET SERVICE, U.S. Attorney and U.S. Attorney General (ztd) (Entered: 09/24/2018)
2018-10-125ENTERED IN ERROR. . . . .NOTICE of Appearance by Jane C. Luxton on behalf of MICHAEL J. HORVATH (Luxton, Jane) Modified on 10/16/2018 (ztd). (Entered: 10/12/2018)
2018-10-156NOTICE of Appearance by Nicholas M. Wieczorek on behalf of MICHAEL J. HORVATH (Wieczorek, Nicholas) (Entered: 10/15/2018)
2018-10-16NOTICE OF ERROR re 5 Notice of Appearance; emailed to jluxton@clarkhill.com, cc'd 6 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect document/case, 2. Please refile document, 3. The attachment is for Nicholas Wieczorek (ztd, ) (Entered: 10/16/2018)
2018-10-247RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES SECRET SERVICE on 10/22/18 (Wieczorek, Nicholas) Modified to add party and date served on 10/25/2018 (ztd). (Entered: 10/24/2018)
2018-10-248RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/23/2018. Answer due for ALL FEDERAL DEFENDANTS by 11/22/2018. (Wieczorek, Nicholas) (Entered: 10/24/2018)
2018-10-249RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/23/18. (Wieczorek, Nicholas) (Entered: 10/24/2018)
2018-11-2110ANSWER to Complaint by UNITED STATES SECRET SERVICE.(Peterson, Benton) (Entered: 11/21/2018)
2018-11-2111ORDER directing parties to confer and to submit a proposed briefing schedule for the filing of dispositive motions by not later than January 7, 2019. See text of Order for details. Signed by Judge John D. Bates on 11/21/2018. (lcjdb3) (Entered: 11/21/2018)
2018-11-26Set/Reset Deadlines: Dispositive Motions due by 1/7/2019. (tb) (Entered: 11/26/2018)
2019-01-0412STATUS REPORT by MICHAEL J. HORVATH. (Wieczorek, Nicholas) (Entered: 01/04/2019)
2019-01-0413Unopposed MOTION to Stay , MOTION for Extension of Time to in Light of Lapse of Appropriations by UNITED STATES SECRET SERVICE (Attachments: # 1 Text of Proposed Order)(Hudak, Brian) (Entered: 01/04/2019)
2019-01-07MINUTE ORDER: Upon consideration of 13 defendant's unopposed motion for a stay and extension of time in light of the ongoing lapse in appropriations, and the entire record herein, it is hereby ORDERED that defendant's motion for a stay is GRANTED; it is further ORDERED that this action is STAYED until appropriations are restored to the Department of Justice and the Department of Homeland Security; and it is further ORDERED that the parties shall file a joint status report and proposed briefing schedule for the filing of dispositive motions by not later than seven days after Congress has appropriated funds for the Department of Justice and the Department of Homeland Security. SO ORDERED. Signed by Judge John D. Bates on 01/07/2019 (lcjdb3) (Entered: 01/07/2019)
2019-02-0614Joint STATUS REPORT by MICHAEL J. HORVATH. (Wieczorek, Nicholas) (Entered: 02/06/2019)
2019-02-06MINUTE ORDER: Upon consideration of 14 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file a joint status report by not later than March 8, 2019. SO ORDERED. Signed by Judge John D. Bates on 02/06/2019. (lcjdb3) (Entered: 02/06/2019)
2019-02-08Set/Reset Deadlines: Joint Status Report due by 3/8/2019. (tb) (Entered: 02/08/2019)
2019-03-0115NOTICE OF SUBSTITUTION OF COUNSEL by Derek S. Hammond on behalf of All Defendants Substituting for attorney Benton G. Peterson (Hammond, Derek) (Entered: 03/01/2019)
2019-03-0816Joint STATUS REPORT by UNITED STATES SECRET SERVICE. (Hammond, Derek) (Entered: 03/08/2019)
2019-03-11MINUTE ORDER: Upon consideration of 16 the parties' joint status report and joint proposed briefing schedule, and the entire record herein, it is hereby ORDERED as follows: defendant shall file its motion for summary judgment by not later than April 19, 2019; plaintiff shall file his opposition to defendant's motion by not later than May 31, 2019; and defendant shall file its reply by not later than June 28, 2019. SO ORDERED. Signed by Judge John D. Bates on 03/11/2019. (lcjdb3) (Entered: 03/11/2019)
2019-03-12Set/Reset Deadlines: Summary Judgment motion due by 4/19/2019. Response to Motion for Summary Judgment due by 5/31/2019. Reply to Motion for Summary Judgment due by 6/28/2019. (tb) (Entered: 03/12/2019)
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