Case Detail

FOIA Project Annotation: Judge Randolph Moss has ruled that the Department of Justice properly responded to Julio Lopez-Pena's 2019 request for records concerning his prosecution in the Southern District of New York. The agency initially argued that it had not received his 2019 request and Lopez-Pena subsequently admitted that he had misaddressed the request and as a result the request was sent back to him. He then submitted a nearly identical request in 2020 to the correct address and the agency provided an initial response. Lopez-Pena argued that since he had copied the wrong address from a government-posted flyer at the prison library, he should not be penalized for misaddressing the original request. However, Moss pointed out that "it is unfortunate that the bulletin board in the prison law library includes misleading information, but, contrary to Plaintiff's suggestion, nothing in the record indicates that the erroneous flyer was placed in the prison library by any official from the Bureau of Prisons of from any other component of the Department of Justice. In any event, EOUSA did not receive Plaintiff's 2019 request. And EOUSA cannot be expected to respond to FOIA requests that it never receives, even when the requester misdirects the request through no fault of his own." Lopez-Pena also argued that Moss should not dismiss his suit over his 2019 request while the agency was still responding to the identical request from 2020. Moss noted that "the Court has no way of knowing whether Plaintiff is dissatisfied with the Department's response to his 2020 request, he may file a separate lawsuit challenging that response. But his submission of a separate FOIA request cannot salvage this action, which is based on only the 2019 request."
Issues: Request - Perfected request

Date Filed	Doc #	Docket Text
2019-09-23		Initiating Pleading & IFP Application Received on 09/23/2019. A copy of the docket sheet has been mailed to the address of record for the pro se party. (zmc) (Entered: 09/25/2019)
2019-09-24	1	COMPLAINT against All Defendants filed by JULIO C. LOPEZ-PENA (zsb) (Entered: 10/03/2019)
2019-09-24	2	MOTION for Leave to Proceed in forma pauperis by JULIO C. LOPEZ-PENA (zsb) (Entered: 10/03/2019)
2019-09-24	3	PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by JULIO C. LOPEZ-PENA (zsb) (Entered: 10/03/2019)
2019-11-13	4	VACATED PURSUANT TO 7 ORDER FILED 1/30/2020.....MEMORANDUM AND OPINION. Signed by Judge Tanya S. Chutkan on 11/8/19. (zmd) Modified on 2/3/2020 (zrdj). (Entered: 11/14/2019)
2019-11-13	5	VACATED PURSUANT TO 7 ORDER FILED 1/30/2020.....ORDER DISMISSING PRO SE CASE WITHOUT PREJUDICE. Ordered that the application of the plaintiff to proceed in forma pauperis is granted. This is a final appealable Order. Pro Se party has been notified by first class mail. Signed by Judge Tanya S. Chutkan on 11/8/19. (zmd) Modified on 2/3/2020 (zrdj). (Entered: 11/14/2019)
2020-01-13	6	MOTION for Relief from Judgment by JULIO C. LOPEZ-PENA (Attachment: # 1 Exhibit)(zsb) (Entered: 01/15/2020)
2020-01-30	7	ORDER granting 6 Motion for Relief from Judgment. Signed by Judge Amit P. Mehta on 1/27/2020. Pro Se party has been notified by first class mail.(zrdj) (Entered: 02/03/2020)
2020-01-30	8	ORDER directing an initial partial filing fee in the amount of $91.94 from Prison Account of JULIO C. LOPEZ-PENA and granting 2 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 Amit P. Mehta on 1/27/2020. (zrdj) (Entered: 02/03/2020)
2020-02-05		Case assigned to Judge Randolph D. Moss. (zmc) (Entered: 02/05/2020)
2020-02-05	9	STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 02/05/2020. (lcrdm2, ) (Entered: 02/05/2020)
2020-02-05	10	SUMMONS (3) Issued as to UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (zmc) (Entered: 02/07/2020)
2020-02-12	11	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/6/2020. Answer due for ALL FEDERAL DEFENDANTS by 3/7/2020. (ztd) (Entered: 02/13/2020)
2020-02-18	12	NOTICE of Appearance by Kenneth A. Adebonojo on behalf of UNITED STATES DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 02/18/2020)
2020-03-06	13	MOTION for Extension of Time to File Defendant's Answer or Other Response to Plaintiff's Complaint by UNITED STATES DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 03/06/2020)
2020-03-09		MINUTE ORDER: Upon consideration of Defendant's motion to extend, Dkt. 13, it is hereby ORDERED that the motion is GRANTED. Defendants shall file their answer or otherwise respond to Plaintiff's complaint on or before April 10, 2020. Signed by Judge Randolph D. Moss on 03/09/2020. (lcrdm2, ) Modified on 3/18/2020 (lcrdm2, ). (Entered: 03/09/2020)
2020-03-09	14	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 3/6/2020 (ztd) (Entered: 03/11/2020)
2020-04-10	15	MOTION for Extension of Time to File Defendant's Answer or Other Response to Plaintiff's Complaint by UNITED STATES DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) Modified on 4/13/2020 (ztd). (Entered: 04/10/2020)
2020-04-13		MINUTE ORDER: Upon consideration of Defendants' motion to extend, Dkt. 15, it is hereby ORDERED that the motion is GRANTED. Defendants shall file their answer or otherwise respond to Plaintiff's complaint on or before May 12, 2020. Signed by Judge Randolph D. Moss on 04/13/2020. (lcrdm2, ) (Entered: 04/13/2020)
2020-05-11	16	MOTION for Extension of Time to File Defendant's Answer or Other Response to Plaintiff's Complaint by UNITED STATES DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 05/11/2020)
2020-05-12		MINUTE ORDER: Upon consideration of Defendant's motion for extension, Dkt. 16, it is hereby ORDERED that the motion is GRANTED. Defendant shall answer or otherwise respond to Plaintiff's complaint on or before June 12, 2020. Signed by Judge Randolph D. Moss on 05/12/2020. (lcrdm2, ) (Entered: 05/12/2020)
2020-06-12	17	MOTION for Extension of Time to File Defendant's Answer or Other Response to Plaintiff's Complaint by UNITED STATES DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 06/12/2020)
2020-06-18		MINUTE ORDER: Upon consideration of Defendant's motion for extension, Dkt. 17, it is hereby ORDERED that the motion is GRANTED. Defendant shall answer or otherwise respond to Plaintiff's complaint on or before July 14, 2020. Signed by Judge Randolph D. Moss on 06/18/2020. (lcrdm2, ) (Entered: 06/18/2020)
2020-07-14	18	MOTION for Extension of Time to File Defendant's Answer or Other Response to Plaintiff's Complaint by UNITED STATES DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 07/14/2020)
2020-07-16		MINUTE ORDER: Upon consideration of the Department of Justice's motion for extension of time, Dkt. 18 , the motion is hereby GRANTED. The Department shall file its answer on or before July 21, 2020. Signed by Judge Randolph D. Moss on 7/16/20. (lcrdm2) (Entered: 07/16/2020)
2020-07-21	19	MOTION to Dismiss by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Declaration Justin P. Wilkinson, Esq.)(Adebonojo, Kenneth) (Entered: 07/21/2020)
2020-07-22	20	ORDER: It is hereby ORDERED that Plaintiff shall file a brief in opposition to Defendants' Motion to Dismiss on or before September 1, 2020. Signed by Judge Randolph D. Moss on 7/22/2020. (lcrdm2) (Entered: 07/22/2020)
2020-07-22	21	NOTICE of Filing of Supplemental Declaration by UNITED STATES DEPARTMENT OF JUSTICE re 19 MOTION to Dismiss (Attachments: # 1 Declaration of Vanessa Brinkmann)(Adebonojo, Kenneth) (Entered: 07/22/2020)
2020-08-04	22	MOTION for Extension of Time by JULIO C. LOPEZ-PENA (ztd) (Entered: 08/09/2020)
2020-08-11	23	ORDER: For the reasons explained herein, it is hereby ORDERED that the Department's motion to dismiss, Dkt. 19 , is DENIED without prejudice. It is further ORDERED that the Department shall respond to the complaint on or before September 18, 2020, and may, to the extent it seeks to rely on materials outside the pleadings, move for summary judgment on or before September 18, 2020. It is further ordered that Plaintiff's motion for extension of time, Dkt. 22 , is hereby DENIED as moot. See document for details. Signed by Judge Randolph D. Moss on 8/11/2020. (lcrdm2) (Entered: 08/11/2020)
2020-09-16	24	MOTION for Extension of Time to File Defendant's Motion to Dismiss or for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 09/16/2020)
2020-09-17		MINUTE ORDER: Upon consideration of the Department's motion for extension of time, Dkt. 24 , it is hereby ORDERED that the motion is GRANTED. The Department shall respond to the complaint on or before October 9, 2020, and may, to the extent it seeks to rely on materials outside the pleadings, move for summary judgment on or before October 9, 2020. Signed by Judge Randolph D. Moss on 9/17/2020. (lcrdm2) (Entered: 09/17/2020)
2020-09-17	25	NOTICE by JULIO C. LOPEZ-PENA (ztd); ("Leave to file Granted" by Judge Randolph D. Moss) (Entered: 09/18/2020)
2020-10-09	26	MOTION to Dismiss , MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration Second Declaration of Justin P. Wilkinson)(Adebonojo, Kenneth) (Entered: 10/09/2020)
2020-10-12	27	FOX/NEAL ORDER: Plaintiff is hereby ORDERED to respond to the Department's motion to dismiss, or, in the alternative, for summary judgment, Dkt. 26 , on or before December 1, 2020. See document for details. Signed by Judge Randolph D. Moss on 10/12/2020. (lcrdm2) (Entered: 10/12/2020)
2020-10-15	28	LEAVE TO FILE DENIED- Plaintiff's Memorandum in support of petitioner's default judgment motion and exhibits This document is unavailable as the Court denied its filing.. Signed by Judge Randolph D. Moss on 10/15/2020. (Attachments: # 1 Exhibit) (ztd) Modified on 10/15/2020 (ztd). (Entered: 10/15/2020)
2020-10-16	29	RESPONSE re (7 in 1:20-cv-01889-RDM) Response to Document filed by JULIO CESAR LOPEZ-PENA, JULIO C. LOPEZ-PENA. (ztd) (Entered: 11/03/2020)
2020-11-03	30	RESPONSE re 26 MOTION to Dismiss MOTION for Summary Judgment filed by JULIO C. LOPEZ-PENA. (Attachments: # 1 Exhibit)(ztd) (Entered: 11/04/2020)
2020-11-12	31	MOTION for Extension of Time to File a Reply to Plaintiff's Opposition to Defendant's Motion to Dismiss or for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) Modified on 11/13/2020 (ztd). (Entered: 11/12/2020)
2020-11-13		MINUTE ORDER: Upon consideration of the Department's motion for extension of time, Dkt. 31 , it is hereby ORDERED that the motion is GRANTED. The Department shall file its reply brief on or before December 4, 2020. Signed by Judge Randolph D. Moss on 11/13/2020. (lcrdm2) (Entered: 11/13/2020)
2020-12-04	32	REPLY to opposition to motion re 26 MOTION to Dismiss MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Adebonojo, Kenneth) (Entered: 12/04/2020)
2021-06-29	33	SUPPLEMENTAL MEMORANDUM to re 30 Response to motion filed by JULIO C. LOPEZ-PENA. (ztd) (Entered: 07/06/2021)
2021-07-20	34	MEMORANDUM OPINION: For the reasons explained in the attached opinion, the Court will GRANT the Department's motion for summary judgment, Dkt. 26 , and will, accordingly, enter final judgment in favor of the Department. A separate order will issue. See document for details. Signed by Judge Randolph D. Moss on 7/20/2021. (lcrdm2) (Entered: 07/20/2021)
2021-07-20	35	ORDER: For the reasons stated in the Court's Memorandum Opinion, Dkt. 34 , it is hereby ORDERED that the Department's motion for summary judgment, Dkt. 26 , is GRANTED. This Order constitutes a final judgment of the Court within the meaning of Rule 58(a) of the Federal Rules of Civil Procedure. The Clerk of the Court is directed to terminate the case. See document for details. Signed by Judge Randolph D. Moss on 7/20/2021. (lcrdm2) (Entered: 07/20/2021)
Hide Docket Events