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Case TitleMCNEIL v. U.S. DEPARTMENT OF STATE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv00329
Date Filed2020-02-05
Date Closed2021-03-18
JudgeJudge John D. Bates
PlaintiffROBERT A. MCNEIL
Case DescriptionRobert McNeil submitted FOIA requests to the Department of State and the IRS for records concerning the State Department's decision to reject McNeil's attempt to renew his passport because the agency claimed he was delinquent on debts. The agencies' acknowledged receipt of the requests, but after hearing nothing further from either agency, McNeil filed suit against the State Department.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees, Adequacy - Search

Defendant2255
UNITED STATES OF AMERICA
DefendantU.S. DEPARTMENT OF STATE
TERMINATED: 11/12/2020
DefendantU.S. DEPARTMENT OF STATE
DefendantINTERNAL REVENUE SERVICE OFFICE OF PROCEDURE AND ADMINISTRATION
TERMINATED: 11/03/2020
DefendantINTERNAL REVENUE SERVICE OFFICE OF PROCEDURE AND ADMINISTRATION
DefendantUNITED STATES OF AMERICA
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [34]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-02-051COMPLAINT against U.S. DEPARTMENT OF STATE ( Filing fee $ 400, receipt number 4616102337) filed by ROBERT A. MCNEIL. (Attachments: # 1 Civil Cover Sheet)(ztd) (Entered: 02/11/2020)
2020-02-052ENTERED IN ERROR. . . . .SUMMONS (3) Issued as to U.S. DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Civil Cover Sheet)(ztd) Modified on 2/13/2020 (ztd). (Entered: 02/11/2020)
2020-02-053SUMMONS (3) Issued as to U.S. DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (ztd) (Entered: 02/13/2020)
2020-03-044NOTICE of Appearance by Alan Burch on behalf of U.S. DEPARTMENT OF STATE (Burch, Alan) (Entered: 03/04/2020)
2020-03-12SUMMONS (1) REISSUED as to U.S. DEPARTMENT OF STATE (ztd) (Entered: 03/12/2020)
2020-03-235Consent MOTION for Extension of Time to File Answer by U.S. DEPARTMENT OF STATE (Burch, Alan) (Entered: 03/23/2020)
2020-03-23MINUTE ORDER: Upon consideration of 5 consent motion for extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that defendant's answer or other response shall be filed by not later than April 2, 2020. SO ORDERED. Signed by Judge John D. Bates on 3/23/2020. (lcjdb1) (Entered: 03/23/2020)
2020-03-24Set/Reset Deadlines: Answer due by 4/2/2020. (tb) (Entered: 03/24/2020)
2020-04-026ANSWER to 1 Complaint by U.S. DEPARTMENT OF STATE.(Burch, Alan) (Entered: 04/02/2020)
2020-04-167REPLY re 6 Answer filed by ROBERT A. MCNEIL. (ztd) Modified link on 4/20/2020 (znmw). (Entered: 04/17/2020)
2020-04-178ORDER. See text of Order for details. Signed by Judge John D. Bates on 4/17/2020. (lcjdb1) (Entered: 04/17/2020)
2020-04-17Set/Reset Deadlines: Proposed Briefing Schedule due by 5/19/2020. (tb) (Entered: 04/17/2020)
2020-05-199Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Burch, Alan) (Entered: 05/19/2020)
2020-05-19MINUTE ORDER: Upon consideration of 9 joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file another joint status report by not later than June 18, 2020, which shall include a proposed schedule for further proceedings. Signed by Judge John D. Bates on 5/19/2020. (lcjdb1) (Entered: 05/19/2020)
2020-05-19Set/Reset Deadlines: Joint Status Report due by 6/18/2020. (tb) (Entered: 05/19/2020)
2020-06-1810Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Burch, Alan) (Entered: 06/18/2020)
2020-06-22MINUTE ORDER: Upon consideration of 10 joint status report, and the entire record herein, it is hereby ORDERED that the following schedule shall govern further proceedings: plaintiff shall file his motion for summary judgment by not later than June 26, 2020; defendant shall file its opposition to plaintiff's motion for summary judgment and its cross-motion for summary judgment by not later than July 20, 2020; plaintiff shall file his reply in support of his motion for summary judgment and opposition to defendant's cross-motion by not later than August 20, 2020; and defendant shall file its reply in support of its cross-motion by not later than August 31, 2020. SO ORDERED. Signed by Judge John D. Bates on 6/22/2020. (lcjdb1) (Entered: 06/22/2020)
2020-06-23Set/Reset Deadlines: Cross Motion due by 7/20/2020. Response to Cross Motion due by 8/20/2020. Reply to Cross Motion due by 8/31/2020. Summary Judgment motion due by 6/26/2020. Response to Motion for Summary Judgment due by 7/20/2020. Reply to Motion for Summary Judgment due by 8/20/2020. (tb) (Entered: 06/23/2020)
2020-06-2311MOTION for Summary Judgment by ROBERT A. MCNEIL (ztd) (Entered: 06/25/2020)
2020-07-2012MOTION for Summary Judgment by U.S. DEPARTMENT OF STATE (Attachments: # 1 Declaration of Eric Stein, # 2 Declaration of Miguel Gonzalez)(Burch, Alan) (Entered: 07/20/2020)
2020-07-2013Memorandum in opposition to re 11 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Declaration of Eric Stein, # 2 Declaration of Miguel Gonzalez)(Burch, Alan) (Entered: 07/20/2020)
2020-08-1314MOTION for Extension of Time to File Response/Reply as to 12 MOTION for Summary Judgment by ROBERT A. MCNEIL (Attachments: # 1 Text of Proposed Order)(ztd) (Entered: 08/13/2020)
2020-08-13MINUTE ORDER: Upon consideration of 14 plaintiff's motion for an extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that plaintiff's reply in support of his motion for summary judgment and opposition to defendants' cross-motion for summary judgment shall be filed by not later than September 18, 2020. SO ORDERED. Signed by Judge John D. Bates on 8/13/2020. (lcjdb1) (Entered: 08/13/2020)
2020-08-14Set/Reset Deadlines: Response to Cross Motion due by 9/18/2020. Reply to Motion for Summary Judgment due by 9/18/2020. (tb) (Entered: 08/14/2020)
2020-09-1715MOTION to Amend/Correct 1 Complaint, MOTION for Extension of Time to by ROBERT A. MCNEIL (Attachments: # 1 Text of Proposed Order)(ztd) (Entered: 09/18/2020)
2020-09-21MINUTE ORDER: Upon consideration of 15 motion to amend/correct complaint and for extension of time, and the entire record herein, it is hereby ORDERED that the motion is DENIED WITHOUT PREJUDICE for failure to comply with Local Civil Rule 7(m), which requires parties (including parties appearing pro se) to "confer with opposing counsel in a good-faith effort to determine whether there is any opposition to the relief sought and, if there is, to narrow the areas of disagreement" before filing a nondispositive motion. It is further ORDERED that, if plaintiff wishes to refile the motion, he shall confer with the government and, in conformity with Rule 7(m), include in his motion "a statement that the required discussion occurred, and a statement as to whether the motion is opposed." SO ORDERED. Signed by Judge John D. Bates on 9/21/2020. (lcjdb1) (Entered: 09/21/2020)
2020-09-2116Amended MOTION to Amend/Correct 1 Complaint by ROBERT A. MCNEIL (ztd) (Entered: 09/23/2020)
2020-09-2117ERRATA by ROBERT A. MCNEIL. (ztd) (Entered: 09/23/2020)
2020-09-24MINUTE ORDER: Upon consideration of 16 amended motion to amend/correct complaint, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that plaintiff shall file his reply in support of his motion for summary judgment and opposition to defendants' cross-motion for summary judgment, as well as any amended complaint, by not later than October 16, 2020. SO ORDERED. Signed by Judge John D. Bates on 9/24/2020. (lcjdb1) (Entered: 09/24/2020)
2020-09-2418NOTICE OF SUBSTITUTION OF COUNSEL by Michael A. Tilghman on behalf of U.S. DEPARTMENT OF STATE Substituting for attorney Alan Burch (Tilghman, Michael) (Entered: 09/24/2020)
2020-09-25Set/Reset Deadlines: Amended Pleading due by 10/16/2020. Response to Cross Motion due by 10/16/2020. Reply to Motion for Summary Judgment due by 10/16/2020. (tb) (Entered: 09/25/2020)
2020-10-1619AMENDED COMPLAINT against U.S. DEPARTMENT OF STATE, INTERNAL REVENUE SERVICE OFFICE OF PROCEDURE AND ADMINISTRATION filed by ROBERT A. MCNEIL. (Attachments: # 1 Exhibit, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(ztd) (Entered: 10/16/2020)
2020-10-1620Summons (1) Issued as to INTERNAL REVENUE SERVICE OFFICE OF PROCEDURE AND ADMINISTRATION. (ztd) (Entered: 10/16/2020)
2020-10-1621REPLY to opposition to motion re 11 MOTION for Summary Judgment filed by ROBERT A. MCNEIL. (Attachments: # 1 Exhibit, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(ztd) (Entered: 10/16/2020)
2020-10-1622RESPONSE re 12 MOTION for Summary Judgment filed by ROBERT A. MCNEIL. (Attachments: # 1 Exhibit, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(ztd) (Entered: 10/16/2020)
2020-10-19MINUTE ORDER: Upon consideration of 22 plaintiffs response to defendants cross-motion for summary judgment, and the entire record herein, it is hereby ORDERED that defendant shall file its reply in support of its cross-motion by not later than October 28, 2020. SO ORDERED. Signed by Judge John D. Bates on 10/19/2020. (lcjdb1) (Entered: 10/19/2020)
2020-10-20Set/Reset Deadlines: Reply to Cross Motion due by 10/28/2020. (tb) (Entered: 10/20/2020)
2020-10-2823REPLY to opposition to motion re 12 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF STATE. (Tilghman, Michael) (Entered: 10/28/2020)
2020-10-2924Consent MOTION for Extension of Time to File Response to Plaintiff's Amended Complaint by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) Modified on 10/30/2020 (ztd). (Entered: 10/29/2020)
2020-10-3025Consent MOTION to Substitute Party The United States of America for the Internal Revenue Service , Consent MOTION to Clarify the United States' Time to Respond to the Amended Complaint by INTERNAL REVENUE SERVICE OFFICE OF PROCEDURE AND ADMINISTRATION, UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(McMonagle, Ryan) (Entered: 10/30/2020)
2020-10-3026RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. INTERNAL REVENUE SERVICE OFFICE OF PROCEDURE AND ADMINISTRATION served on 10/20/2020 (ztd) (Entered: 11/03/2020)
2020-11-03MINUTE ORDER: In consideration of 25 United States motion to substitute proper party and clarify time to respond to amended complaint, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that the United States of America is substituted as the proper party defendant in the place of the Internal Revenue Service; and it is further ORDERED that the United States shall file its answer to 19 the amended complaint by not later than January 4, 2021. SO ORDERED. Signed by Judge John D. Bates on 11/3/2020. (lcjdb1) (Entered: 11/03/2020)
2020-11-04Set/Reset Deadlines: Answer due by 1/4/2021. (tb) (Entered: 11/04/2020)
2020-11-1227ORDER denying 11 plaintiff's motion for summary judgment and granting 12 defendant Department of State's cross-motion for summary judgment. See text of Order for details. Signed by Judge John D. Bates on 11/12/2020. (lcjdb1) (Entered: 11/12/2020)
2020-11-1228MEMORANDUM OPINION. Signed by Judge John D. Bates on 11/12/2020. (lcjdb1) (Entered: 11/12/2020)
2020-11-13Set/Reset Deadlines: Answer due by 1/4/2021. (zjd) (Entered: 11/13/2020)
2021-01-0429MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by UNITED STATES OF AMERICA (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(McMonagle, Ryan) (Entered: 01/04/2021)
2021-01-1830Memorandum in opposition to re 29 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by ROBERT A. MCNEIL. (Attachments: # 1 Exhibit A, # 2 Exhibit b, # 3 Text of Proposed Order)(ztd) (Entered: 01/21/2021)
2021-01-2831REPLY to opposition to motion re 29 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by UNITED STATES OF AMERICA. (McMonagle, Ryan) (Entered: 01/28/2021)
2021-02-2232SURREPLY to re 29 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by ROBERT A. MCNEIL. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(ztd); ("Let this be filed" signed 2/22/2021 by Judge John D. Bates) (Entered: 02/24/2021)
2021-03-1833ORDER granting 29 motion to dismiss. See text of Order for details. Signed by Judge John D. Bates on 3/18/2021. (lcjdb1) (Entered: 03/18/2021)
2021-03-1834MEMORANDUM OPINION. Signed by Judge John D. Bates on 3/18/2021. (lcjdb1) (Entered: 03/18/2021)
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