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Case TitleMOELLER v. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv02330
Date Filed2019-08-02
Date ClosedOpen
JudgeJudge Dabney L. Friedrich
PlaintiffJAMES W. MOELLER
Case DescriptionJames Moeller submitted a FOIA request to the Equal Employment Opportunity Commission for records concerning the legality under the Age Discrimination in Employment Act of experience caps in job advertisements. The agency acknowledged receipt of the request and later told Moeller that it had received responsive information and was reviewing it for disclosure. After hearing nothing further from the agency, Moeller filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantEQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [24]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-08-021COMPLAINT against EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (Filing fee $ 400, receipt number 461600032) filed by JAMES W. MOELLER. (Attachments: # 1 Exhibit Attachment A, # 2 Civil Cover Sheet) (tth) (Entered: 08/05/2019)
2019-08-02SUMMONS (3) Issued as to EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, U.S. Attorney and U.S. Attorney General. (tth) (Entered: 08/05/2019)
2019-08-202NOTICE of Appearance by Kenneth A. Adebonojo on behalf of EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (Adebonojo, Kenneth) (Entered: 08/20/2019)
2019-08-273RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION served on 8/12/2019, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/13/2019., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/13/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 9/12/2019.) (jf) (Entered: 09/04/2019)
2019-09-124Consent MOTION for Extension of Time to File Defendant's Answer or Other Response to Plaintiff's Complaint by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (Adebonojo, Kenneth) (Entered: 09/12/2019)
2019-09-13MINUTE ORDER granting the defendant's 4 Motion to Enlarge Time to File Defendant's Answer or Other Response to Plaintiff's Complaint. It is ORDERED that the defendant shall file an answer or other response to the plaintiff's complaint on or before October 15, 2019. So Ordered by Judge Dabney L. Friedrich on September 13, 2019. (lcdlf1) (Entered: 09/13/2019)
2019-09-195MOTION to Consolidate Cases by JAMES W. MOELLER (ztd) (Entered: 09/25/2019)
2019-10-04MINUTE ORDER exercising the Court's discretion under Federal Rule of Civil Procedure 42(a) to deny the plaintiff's 5 Motion to Consolidate because Judge Chutkin denied a similar motion in the related case, and these cases appear to raise questions of fact and law sufficiently distinct not to warrant consolidation. So Ordered by Judge Dabney L. Friedrich on October 4, 2019. (lcdlf1) (Entered: 10/04/2019)
2019-10-156ANSWER to 1 Complaint by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(Adebonojo, Kenneth) (Entered: 10/15/2019)
2019-10-16MINUTE ORDER requiring the parties to MEET AND CONFER and file a joint status report proposing a schedule for further proceedings. The status report should address the status of the plaintiff's FOIA request, including the anticipated number of documents responsive to the request and the anticipated date(s) for release of the requested documents. The parties shall file the joint status report on or before November 6, 2019. So Ordered by Judge Dabney L. Friedrich on October 16, 2019. (lcdlf1) (Entered: 10/16/2019)
2019-11-077Joint STATUS REPORT by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Adebonojo, Kenneth) (Entered: 11/07/2019)
2019-11-12MINUTE ORDER adopting the schedule proposed in the parties' 7 Joint Status Report and setting the following schedule: the defendant's motion for summary judgment shall be filed on or before January 14, 2020; the plaintiff's opposition shall be filed on or before February 17, 2020; and the defendant's reply shall be filed on or before March 10, 2020. So Ordered by Judge Dabney L. Friedrich on November 12, 2019. (lcdlf1) (Entered: 11/12/2019)
2020-01-178Consent MOTION for Extension of Time to File Defendant's Dispositive Motion by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (Adebonojo, Kenneth) (Entered: 01/17/2020)
2020-01-22MINUTE ORDER granting the defendant's 8 Consent Motion for Extension of Time to File Defendant's Dispositive Motion. The defendant shall file its dispositive motion on or before January 28, 2020; the plaintiff shall file his opposition on or before March 2, 2020; and the defendant shall file its reply on or before March 24, 2020. So Ordered by Judge Dabney L. Friedrich on January 22, 2020. (lcdlf1) (Entered: 01/22/2020)
2020-01-289MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (Adebonojo, Kenneth) (Entered: 01/28/2020)
2020-01-31MINUTE ORDER granting the defendant's request to revise the briefing schedule as follows: the defendant's dispositive motion shall be filed on or before February 4, 2020; the plaintiff's opposition shall be filed on or before March 9, 2020; and the defendant's reply shall be filed on or before March 31, 2020. So Ordered by Judge Dabney L. Friedrich on January 31, 2020. (lcdlf1). (Entered: 01/31/2020)
2020-02-03Set/Reset Deadlines: Defendant's Dispositive Motions due by 2/4/2020. Plaintiff's Response to Dispositive Motions due by 3/9/2020. Defendant's Reply to Dispositive Motions due by 3/31/2020. (zjch) (Entered: 02/03/2020)
2020-02-0410MOTION for Summary Judgment by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration, # 4 Declaration)(Adebonojo, Kenneth) (Entered: 02/04/2020)
2020-03-1011Memorandum in opposition to re 10 MOTION for Summary Judgment filed by JAMES W. MOELLER. (eg) (Entered: 03/12/2020)
2020-03-1912NOTICE of Mailing by JAMES W. MOELLER. "LET THIS BE FILED" Signed by Judge Dabney L. Friedrich on 3/19/2020 (eg) (Entered: 03/20/2020)
2020-04-0113Consent MOTION for Extension of Time to File a Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (Adebonojo, Kenneth) (Entered: 04/01/2020)
2020-04-07MINUTE ORDER granting the defendant's 13 Consent Motion to Enlarge Time to File a Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment. The defendant shall file its reply on or before April 21, 2020. The Clerk of Court shall mail a copy of this Minute Order to the plaintiff's address of record. So Ordered by Judge Dabney L. Friedrich on April 7, 2020. (lcdlf1) (Entered: 04/07/2020)
2020-04-2014Consent MOTION for Extension of Time to File a Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (Adebonojo, Kenneth) (Entered: 04/20/2020)
2020-04-21MINUTE ORDER granting in part and denying in part the government's 14 Consent Motion to Enlarge Time to File a Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment. Upon consideration of the motion, the government's deadline for filing a reply in support of its summary judgment motion is STAYED. On June 22, 2020, the government shall either: (1) file a reply in support of its current summary judgment motion; or (2) withdraw its current summary judgment motion and file a renewed summary judgment motion, if the government's supplemental search or production alters the arguments made in the current summary judgment motion. So Ordered by Judge Dabney L. Friedrich on April 21, 2020. (lcdlf1) (Entered: 04/21/2020)
2020-06-2215Consent MOTION for Extension of Time to File a Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment or Renewed Motion for Summary Judgment by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (Adebonojo, Kenneth) (Entered: 06/22/2020)
2020-06-23MINUTE ORDER. Based on the government's 15 Consent Motion to Enlarge Time to File a Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment or a Renewed Motion for Summary Judgment, it appears that the nature of the parties' FOIA dispute has meaningfully changed since the government filed its 10 Motion for Summary Judgment. Accordingly, the Court DENIES WITHOUT PREJUDICE the government's 10 Motion for Summary Judgment, VACATES the current briefing schedule, and ORDERS the government to file a renewed motion for summary judgment on or before July 17, 2020. The government's 15 Consent Motion to Enlarge Time to File a Reply is thus DENIED as moot. So Ordered by Judge Dabney L. Friedrich on June 23, 2020. (lcdlf1) (Entered: 06/23/2020)
2020-07-1616Consent MOTION for Extension of Time to File Defendant's Renewed Motion for Summary Judgment by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (Adebonojo, Kenneth) (Entered: 07/16/2020)
2020-07-16MINUTE ORDER. Upon consideration of the government's 16 Consent Motion to Enlarge Time to File Defendant's Renewed Motion for Summary Judgment, it is ORDERED that the motion is GRANTED. The government shall file a renewed motion for summary judgment on or before July 24, 2020. So Ordered by Judge Dabney L. Friedrich on July 16, 2020. (lcdlf1) (Entered: 07/16/2020)
2020-07-16Set/Reset Deadlines: Summary Judgment motions due by 7/24/2020. (zjch) (Entered: 07/17/2020)
2020-07-2417MOTION for Summary Judgment by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Declaration, # 4 Statement of Facts)(Adebonojo, Kenneth) (Entered: 07/24/2020)
2020-08-21MINUTE ORDER. Before the Court is the government's 17 Motion for Summary Judgment. The plaintiff has not yet filed any response. Pursuant to Neal v. Kelly, 963 F.2d 453 (D.C. Cir. 1992), the Court reminds the plaintiff that on a motion for summary judgment, "any factual assertions in the movant's affidavits will be accepted as being true unless [the opposing party] submits his own affidavits or other documentary evidence contradicting the assertion." Id. at 456. Under Fed. R. Civ. P. 56(e), if a party fails to properly support an assertion of fact or fails to properly address another party's assertion of fact as required by Rule 56(c), the court may: (1) give an opportunity to properly support or address the fact; (2) consider the fact undisputed for purposes of the motion; (3) grant summary judgment if the motion and supporting materials--including the facts considered undisputed--show that the movant is entitled to it; or (4) issue any other appropriate order. And under Local Civil Rule 7(b), if a party opposing summary judgment does not file a memorandum of points and authorities in opposition to the motion for summary judgment, the court "may treat the motion as conceded." Thus, failure to respond to the government's motion in this case carries with it the risk that the case will be dismissed or that judgment will be entered for the government. Accordingly, the plaintiff shall file any response to the government's 17 Motion for Summary Judgment on or before August 28, 2020. The Clerk of Court shall mail this minute order to the plaintiff's address on record. So Ordered by Judge Dabney L. Friedrich on August 21, 2020. (lcdlf1) (Entered: 08/21/2020)
2020-08-21Set/Reset Deadlines: Response to Motion for Summary Judgment due by 8/28/2020. (zjch) (Entered: 08/24/2020)
2020-08-2118Memorandum in opposition to re 17 MOTION for Summary Judgment filed by JAMES W. MOELLER. (eg) (Entered: 08/24/2020)
2020-08-2719RESPONSE re 17 MOTION for Summary Judgment filed by JAMES W. MOELLER. (eg) (Entered: 08/27/2020)
2020-09-0320Consent MOTION for Extension of Time to File a Reply to Plaintiff's Opposition to Defendant's Renewed Motion for Summary Judgment by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (Adebonojo, Kenneth) (Entered: 09/03/2020)
2020-09-03MINUTE ORDER granting the defendant's 20 Consent Motion to Enlarge Time to File a Reply to Plaintiff's Opposition to Defendant's Renewed Motion for Summary Judgment. The defendant shall file its reply on or before September 21, 2020. The Clerk of Court shall mail a copy of this Minute Order to the plaintiff's address of record. So Ordered by Judge Dabney L. Friedrich on September 3, 2020. (lcdlf1) (Entered: 09/03/2020)
2020-09-03Set/Reset Deadlines: Reply to Motion for Summary Judgment due by 9/21/2020. (zjch) (Entered: 09/04/2020)
2020-09-2121Consent MOTION for Extension of Time to File a Reply to Plaintiff's Opposition to Defendant's Renewed Motion for Summary Judgment by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (Adebonojo, Kenneth) (Entered: 09/21/2020)
2020-09-21MINUTE ORDER granting the defendant's 21 Consent Motion to Enlarge Time to File a Reply to Plaintiff's Opposition to Defendant's Renewed Motion for Summary Judgment. The defendant shall file its reply on or before September 30, 2020. The Clerk of Court shall mail a copy of this Minute Order to the plaintiff's address of record. So Ordered by Judge Dabney L. Friedrich on September 21, 2020. (lcdlf1) (Entered: 09/21/2020)
2020-09-21Set/Reset Deadlines: Reply to Motion for Summary Judgment due by 9/30/2020. (zjch) (Entered: 09/22/2020)
2020-09-3022REPLY to opposition to motion re 17 MOTION for Summary Judgment filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Declaration, # 2 Exhibit)(Adebonojo, Kenneth) (Entered: 09/30/2020)
2021-03-1723ORDER denying the defendant's 17 Motion for Summary Judgment. See text for details. Signed by Judge Dabney L. Friedrich on March 17, 2021. (lcdlf3) (Entered: 03/17/2021)
2021-03-1724MEMORANDUM OPINION regarding the defendant's 17 Motion for Summary Judgment. See text for details. Signed by Judge Dabney L. Friedrich on March 17, 2021. (lcdlf3) (Entered: 03/17/2021)
2021-03-17Set/Reset Deadlines: Proposed schedule due by 5/24/2021. (zjch) (Entered: 03/18/2021)
2021-03-2525Joint STATUS REPORT by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Adebonojo, Kenneth) (Entered: 03/25/2021)
2021-03-25MINUTE ORDER. Upon consideration of the parties' 25 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before April 23, 2021. So Ordered by Judge Dabney L. Friedrich on March 25, 2021. (lcdlf1) (Entered: 03/25/2021)
2021-03-25Set/Reset Deadlines: Status Report due by 4/23/2021 (zjch) (Entered: 03/25/2021)
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