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Case TitleTOBIAS v. U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv02917
Date Filed2018-12-12
Date ClosedOpen
JudgeJudge Timothy J. Kelly
PlaintiffJIMMY TOBIAS
Case DescriptionJimmy Tobias, a free-lance journalist, submitted 12 FOIA requests to the Department of the Interior for records concerning communications between named agency officials and outside parties. The agency acknowledged receipt of the requests and asked Tobias to narrow the scope of several requests, which he did. After hearing nothing further from the agency concerning any of his requests, Tobias filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-12-121COMPLAINT against U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY ( Filing fee $ 400 receipt number 0090-5835545) filed by JIMMY TOBIAS. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Civil Cover Sheet Civil Cover Sheet, # 14 Summons Summons)(Burday, Joshua) (Entered: 12/12/2018)
2018-12-122NOTICE of Appearance by Joshua Hart Burday on behalf of JIMMY TOBIAS (Burday, Joshua) (Entered: 12/12/2018)
2018-12-13Case Assigned to Judge Timothy J. Kelly. (zef, ) (Entered: 12/13/2018)
2018-12-133SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zef, ) (Main Document 3 replaced on 12/13/2018) (zef, ). (Entered: 12/13/2018)
2019-02-084RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY served on 12/20/2018 (Burday, Joshua) (Entered: 02/08/2019)
2019-02-085RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/21/2018. (Burday, Joshua) (Entered: 02/08/2019)
2019-02-086RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/21/2018. Answer due for ALL FEDERAL DEFENDANTS by 1/20/2019. (Burday, Joshua) (Entered: 02/08/2019)
2019-02-157NOTICE of Appearance by Jason Todd Cohen on behalf of U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY (Cohen, Jason) (Entered: 02/15/2019)
2019-02-158Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY (Cohen, Jason) (Entered: 02/15/2019)
2019-02-19MINUTE ORDER granting Defendant's 8 Motion for Extension of Time to Answer. It is hereby ORDERED, for good cause shown, that Defendant's motion is GRANTED. Defendant shall answer or otherwise respond to Plaintiff's 1 Complaint no later than April 12, 2019. Signed by Judge Timothy J. Kelly on 2/19/2019. (lctjk2) (Entered: 02/19/2019)
2019-04-129ANSWER to Complaint by U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY.(Cohen, Jason) (Entered: 04/12/2019)
2019-04-15MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall meet, confer, and file a joint proposed schedule for briefing or disclosure no later than May 3, 2019. Signed by Judge Timothy J. Kelly on 4/15/2019. (lctjk2) (Entered: 04/15/2019)
2019-04-15Set/Reset Deadlines: Joint Proposed Briefing Schedule or Disclosure due by 5/3/2019. (kh) (Entered: 04/15/2019)
2019-05-0310Joint STATUS REPORT by U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY. (Cohen, Jason) (Entered: 05/03/2019)
2019-05-03MINUTE ORDER: In light of the parties' 10 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report no later than July 5, 2019. Signed by Judge Timothy J. Kelly on 5/3/2019. (lctjk2) (Entered: 05/03/2019)
2019-07-11MINUTE ORDER: On May 3, 2019, the Court ordered the parties to submit a joint status report no later than July 5, 2019. The parties have not done so. Accordingly, it is hereby ORDERED that, no later than July 12, 2019, the parties shall submit a joint status report apprising the Court of Defendant's progress processing Plaintiff's FOIA request. That report shall also address why the parties failed comply with the Court's prior deadline. Signed by Judge Timothy J. Kelly on 7/11/2019. (lctjk2) (Entered: 07/11/2019)
2019-07-1211Joint STATUS REPORT by U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY. (Cohen, Jason) (Entered: 07/12/2019)
2019-07-12MINUTE ORDER: In light of the parties' 11 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report no later than September 18, 2019. Signed by Judge Timothy J. Kelly on 7/12/2019. (lctjk2) (Entered: 07/12/2019)
2019-08-0612NOTICE of Appearance by Merrick Jason Wayne on behalf of JIMMY TOBIAS (Wayne, Merrick) (Entered: 08/06/2019)
2019-09-23MINUTE ORDER: On July 12, 2019, the Court ordered the parties to submit a joint status report no later than September 18, 2019. They parties have not done so. This is now the second time that the parties have failed to comply with the Court's orders, conduct which demonstrates disregard for the parties' obligations to the Court and that the parties do not take this litigation seriously. Accordingly, it is hereby ORDERED that, no later than September 25, 2019, the parties shall file a joint status report apprising the Court of Defendant's progress processing Plaintiff's FOIA request. That report shall also address why the parties, for a second time, failed to comply with the Court's prior deadline. The Court expects a more thorough explanation than "inadverten[ce]" and a "failure to properly communicate." ECF No. 11. Signed by Judge Timothy J. Kelly on 9/23/2019. (lctjk2) (Entered: 09/23/2019)
2019-09-2513Joint STATUS REPORT by U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY. (Cohen, Jason) (Entered: 09/25/2019)
2019-09-26MINUTE ORDER: In light of the parties' 13 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report no later than November 25, 2019. Signed by Judge Timothy J. Kelly on 9/26/2019. (lctjk2) (Entered: 09/26/2019)
2019-11-2114NOTICE OF SUBSTITUTION OF COUNSEL by Sean Michael Tepe on behalf of U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY Substituting for attorney Jason Cohen (Tepe, Sean) (Entered: 11/21/2019)
2019-11-2515Joint STATUS REPORT by U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY. (Tepe, Sean) Modified date filed due to cmecf issues on 11/25/19 on 11/26/2019 (ztd). (Entered: 11/26/2019)
2019-11-26MINUTE ORDER: In light of the parties' 15 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report no later than January 27, 2020. Signed by Judge Timothy J. Kelly on 11/26/19. (lctjk2) (Entered: 11/26/2019)
2020-01-2716Joint STATUS REPORT by U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY. (Tepe, Sean) (Entered: 01/27/2020)
2020-01-27MINUTE ORDER: Upon consideration of the parties' 16 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report no later than March 27, 2020. Signed by Judge Timothy J. Kelly on 1/27/20. (lctjk2) (Entered: 01/27/2020)
2020-03-2717Joint STATUS REPORT by U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY. (Tepe, Sean) (Entered: 03/27/2020)
2020-03-27MINUTE ORDER: Upon consideration of the parties' 17 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by May 26, 2020. Signed by Judge Timothy J. Kelly on 3/27/20. (lctjk2) (Entered: 03/27/2020)
2020-05-2518Joint STATUS REPORT by U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY. (Tepe, Sean) (Entered: 05/25/2020)
2020-05-26MINUTE ORDER: Upon consideration of the parties' 18 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by July 27, 2020. Signed by Judge Timothy J. Kelly on 5/26/20. (lctjk2) (Entered: 05/26/2020)
2020-07-2719Joint STATUS REPORT by U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY. (Tepe, Sean) (Entered: 07/27/2020)
2020-07-27MINUTE ORDER: Upon consideration of the parties' 19 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by September 25, 2020. Signed by Judge Timothy J. Kelly on 7/27/20. (lctjk2) (Entered: 07/27/2020)
2020-09-2520Joint STATUS REPORT by U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY. (Tepe, Sean) (Entered: 09/25/2020)
2020-09-25MINUTE ORDER: Upon consideration of the parties' 20 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by November 24, 2020. Signed by Judge Timothy J. Kelly on 09/25/20. (lctjk2) (Entered: 09/25/2020)
2020-11-2421Joint STATUS REPORT by U.S. DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY. (Tepe, Sean) (Entered: 11/24/2020)
2020-11-25MINUTE ORDER: Upon consideration of the parties' 21 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by January 24, 2021. Signed by Judge Timothy J. Kelly on 11/25/20. (lctjk2) (Entered: 11/25/2020)
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