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Case TitleAKEL V. UNITED STATES DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv03240
Date Filed2020-11-09
Date ClosedOpen
JudgeJudge Randolph D. Moss
PlaintiffANTONIO U. AKEL
DefendantUNITED STATES DEPARTMENT OF JUSTICE E.O.U.S.A.
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [32]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-11-09Initiating Pleading & IFP Application Received on 11/09/2020. A copy of the docket sheet has been mailed to the address of record for the pro se party. (zsb) (Entered: 11/18/2020)
2020-11-091COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE filed by ANTONIO U. AKEL. (Attachment: # 1 Exhibit, # 2 Summons) (zsb) (Entered: 11/18/2020)
2020-11-092MOTION for Leave to Proceed in forma pauperis by ANTONIO U. AKEL (zsb) (Entered: 11/18/2020)
2020-11-093PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by ANTONIO U. AKEL (zsb) (Entered: 11/18/2020)
2020-12-084PRO SE ORDER directing within 30 days of this Order, unless an extension of time is granted, plaintiff to provide a six month trust fund prisoner account statement and failure to comply will result in dismissal of case. Plaintiff shall provide the requested information specific within this order. Pro Se party has been notified by first class mail. Signed by Judge Christopher R. Cooper on 12/08/2020. (zsb) (Entered: 12/10/2020)
2021-01-265PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by ANTONIO U. AKEL (zsb) (Entered: 02/01/2021)
2021-01-276MOTION for Extension of Time to File by ANTONIO U. AKEL. (zsb) (Entered: 02/01/2021)
2021-02-027ORDER directing an initial partial filing fee in the amount of $48.33 from Prison Account of ANTONIO U. AKEL and granting 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 Randolph D. Moss on 02/02/2021. (zsb) (Entered: 02/02/2021)
2021-02-02Case Assigned to Judge Randolph D. Moss. (zsb) (Entered: 02/02/2021)
2021-02-028STANDING 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 02/02/2021. (lcrdm1) (Entered: 02/02/2021)
2021-02-089SUMMONS (3) Issued as to UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General sent to the U.S. Marshals Service (zsb) (Entered: 02/08/2021)
2021-02-1010RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 2/10/2021. (ztd) (Entered: 02/17/2021)
2021-02-2511RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/24/2021. Answer due for ALL FEDERAL DEFENDANTS by 3/26/2021. (ztd) (Entered: 03/03/2021)
2021-03-0912NOTICE of Appearance by Kristin Brudy-Everett on behalf of UNITED STATES DEPARTMENT OF JUSTICE (Brudy-Everett, Kristin) (Entered: 03/09/2021)
2021-03-1113Civil Statement from Plaintiff; ("Leave to file granted" signed by Judge Randolph D. Moss) (ztd) (Entered: 03/11/2021)
2021-03-11MINUTE ORDER: Upon consideration of Plaintiff's civil statement, Dkt. 13 , it is hereby ORDERED that the Clerk's Office shall mail a copy of the docket entries and copies of the return of service, Dkt. 10 and Dkt. 11 , to Plaintiff. Signed by Judge Randolph D. Moss on 03/11/2021. (lcrdm1) (Entered: 03/11/2021)
2021-03-2614ANSWER to 1 Complaint by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A)(Brudy-Everett, Kristin) (Entered: 03/26/2021)
2021-03-30ENTERED IN ERROR.....MINUTE ORDER: It is hereby ORDERED that, on or before April 13, 2021, the parties shall confer and file a joint status report addressing (1) any documents still to be produced pursuant to FOIA; (2) an anticipated schedule for processing and producing any such documents; and (3) any substantive areas of disagreement between the parties. It is further ORDERED that the parties shall appear telephonically for an Initial Scheduling Conference on April 20, 2021, at 11:15 a.m. The Courtroom Deputy Clerk will provide the parties with the dial-in information. Signed by Judge Randolph D. Moss on 3/30/2021. (lcrdm2) Modified on 3/31/2021 (kt). (Entered: 03/30/2021)
2021-03-31MINUTE ORDER: It is hereby ORDERED that on or before April 13, 2021, each party shall submit their own status report addressing (1) any documents still to be produced pursuant to FOIA and (2) an anticipated schedule for processing and producing any such documents. Signed by Judge Randolph D. Moss on 3/31/2021. (lcrdm1) (Entered: 03/31/2021)
2021-04-1315STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 04/13/2021)
2021-04-15MINUTE ORDER: Upon consideration of Defendant's status report, Dkt. 15 , it is hereby ORDERED that the parties shall adhere to the following schedule: Defendant shall file a motion for summary judgment on or before May 14, 2021. Plaintiff's opposition, and cross-motion, if any, shall be filed on or before June 25, 2021. Defendant's combined opposition, if applicable, and reply shall be filed on or before July 16, 2021. Finally, Plaintiff's reply, if applicable, shall be filed on or before August 13, 2021. Signed by Judge Randolph D. Moss on 04/15/2021. (lcrdm1) (Entered: 04/15/2021)
2021-04-15Set/Reset Deadlines: Defendant's Summary Judgment Motion due by 5/14/2021. Response to Motion for Summary Judgment due by 6/25/2021. Reply to Motion for Summary Judgment due by 7/16/2021. Plaintiff's Cross Motion for Summary Judgment due by 6/25/2021. Response to Cross Motion for Summary Judgment due by 7/16/2021. Reply to Cross Motion for Summary Judgment due by 8/13/2021. (dot) (Entered: 04/15/2021)
2021-05-0316STATUS REPORT by ANTONIO U. AKEL. (ztd);("Leave to file Granted" signed by Judge Randolph D. Moss) (Entered: 05/04/2021)
2021-05-0317LEAVE TO FILE DENIED- Plaintiff's Motion to take Judicial Notice and Reply to Answer This document is unavailable as the Court denied its filing.. Signed by Judge Randolph D. Moss on 5/3/2021. (Attachments: # 1 Denied Document) (ztd) (Entered: 05/04/2021)
2021-05-05MINUTE ORDER: On April 21, 2021, the Court received a "motion to take judicial notice" and a "reply to answer" from Plaintiff. The first document directed the Court's attention to excerpts from Plaintiff's criminal proceeding in the Northern District of Florida, alleging corruption on the part of the United States Attorney and Judge in that case, which Plaintiff claims are relevant to this FOIA case. The second document replies to Defendant's answer in this case. Because neither of these filings is recognized or contemplated under the Federal Rules of Civil Procedure, it is hereby ORDERED that leave to file is DENIED. Plaintiff may raise the arguments contained in these filings in briefing on summary judgment. Signed by Judge Randolph D. Moss on 05/05/2021. (lcrdm1) (Entered: 05/05/2021)
2021-05-1418MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Justin Wilkinson, # 3 Declaration of Anthony Garner, # 4 Exhibit A, # 5 Exhibit B, # 6 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 05/14/2021)
2021-05-1719FOX/NEAL ORDER advising Plaintiff to respond to Defendant's motion for summary judgment, Dkt. 18 , on or before June 25, 2021, or the Court may deem factual allegations as conceded. See attached document for details. Signed by Judge Randolph D. Moss on 05/17/2021. (lcrdm1) (Entered: 05/17/2021)
2021-06-1020NOTICE by ANTONIO U. AKEL (ztd): ("Leave to file GRANTED" by Judge Randolph D. Moss) (Entered: 06/17/2021)
2021-06-1021Memorandum in opposition to re 18 MOTION for Summary Judgment filed by ANTONIO U. AKEL. ("Leave to file GRANTED" by Judge Randolph D. Moss). (Attachments: # 1 Statement of Facts, # 2 objection, # 3 Declaration)(ztd) Modified on 6/22/2021 (znmw). (Entered: 06/17/2021)
2021-06-1022MOTION to Take Judicial Notice by ANTONIO U. AKEL. (ztd); ("Leave to file GRANTED" by Judge Randolph D. Moss) (Entered: 06/17/2021)
2021-06-1023MOTION for Summary Judgment by ANTONIO U. AKEL. (ztd); ("Leave to file GRANTED" by Judge Randolph D. Moss) (Additional attachment(s) added on 6/17/2021: # 1 Text of Proposed Order) (ztd). (Entered: 06/17/2021)
2021-06-2924NOTICE OF SUBSTITUTION OF COUNSEL by Patricia K. McBride on behalf of UNITED STATES DEPARTMENT OF JUSTICE Substituting for attorney Kristin Brudy-Everett (McBride, Patricia) (Entered: 06/29/2021)
2021-07-0625LEAVE TO FILE DENIED- Plaintiff's Motion for Leave to put Defendant on Notice as to a Potential Fed.R.Civ.p15(d)... This document is unavailable as the Court denied its filing. (Attachments: # 1 Appendix):("Leave to file DENIED" signed by Judge Randolph D. Moss) (ztd) (Entered: 07/06/2021)
2021-07-06MINUTE ORDER: On July 6, 2021, the Court received a notice from Plaintiff that he may seek leave to supplement his complaint, pending the resolution of an administrative appeal to the Office of Information Policy regarding Plaintiff's FOIA request made on March 1, 2021. Plaintiff seeks leave to file both this notice and an appendix containing the FOIA request at issue and the response he received. Because Plaintiff is not seeking relief from the Court at this time, it is hereby ORDERED that leave to file is DENIED. If the events that Plaintiff anticipates come to pass, he may file a motion seeking appropriate relief at that time. Signed by Judge Randolph D. Moss on 07/06/2021. (lcrdm1) (Entered: 07/06/2021)
2021-07-1526REPLY to opposition to motion re 18 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (McBride, Patricia) (Entered: 07/15/2021)
2021-07-1527CERTIFICATE OF SERVICE by UNITED STATES DEPARTMENT OF JUSTICE re 26 Reply to opposition to Motion . (McBride, Patricia) (Entered: 07/15/2021)
2021-07-2628NOTICE by ANTONIO U. AKEL (ztd) (Entered: 07/28/2021)
2021-07-28MINUTE ORDER: Upon consideration of Plaintiff's notice, Dkt. 28 , it is hereby ORDERED that Defendant shall re-serve its reply in support of its motion for summary judgment, Dkt. 26 , on Plaintiff on or before August 11, 2021. Signed by Judge Randolph D. Moss on 07/28/2021. (lcrdm1) (Entered: 07/28/2021)
2021-07-2929NOTICE (Notice of Service) by UNITED STATES DEPARTMENT OF JUSTICE re Order,, Set Deadlines, (McBride, Patricia) (Entered: 07/29/2021)
2021-08-2030MOTION for Extension of Time to File Response/Reply by ANTONIO U. AKEL. (ztd) (Entered: 08/23/2021)
2021-08-24MINUTE ORDER: In light of Plaintiff's motion for extension of time, Dkt. 30 , it is hereby ORDERED that the motion is DENIED. The Court notes that Defendant complied with the Court's directive in its Minute Order of July 28, 2021, by re-serving Defendant's Reply in Support of its Motion for Summary Judgment on July 29, 2021. See Dkt. 29 . The Court further notes that, per the Court's Standing Order, Dkt. 8 , "[a] party may not file a sur-reply without first obtaining leave of the Court. Sur-replies will only be permitted upon a specific showing of good cause." Plaintiff has not shown that a sur-reply is needed; accordingly, the Court will not grant an extension of time to file a sur-reply. If Plaintiff believes that the demanding standard for filing a sur-reply is satisfied in this case, Plaintiff may promptly file a motion with the Court seeking leave to do so. Signed by Judge Randolph D. Moss on 08/24/2021. (lcrdm2) (Entered: 08/24/2021)
2021-09-1531MOTION to Take Judicial Notice by ANTONIO U. AKEL. (ztd) (Entered: 09/15/2021)
2021-12-3032MEMORANDUM OPINION AND ORDER: For the reasons set forth in the attached Memorandum Opinion and Order, it is hereby ORDERED that Defendant's motion for summary judgment, Dkt. 18 , is GRANTED in part and DENIED in part, and Plaintiff's cross-motion for summary judgment, Dkt. 23 , is GRANTED in part and DENIED in part. Defendant's motion is DENIED and Plaintiff's cross-motion is GRANTED with respect to the adequacy of the Department's search for email maintained by former AUSA Swaim. In all other respects, Defendant's motion is GRANTED and Plaintiff's cross-motion is DENIED. It is further ORDERED that Plaintiff's motion to take judicial notice of certain filings in the Northern District of Florida and the Eleventh Circuit, Dkt. 22 , is DENIED, but that Plaintiff's motion for leave to file a surreply and motion to take judicial notice of a filing in a related case, Dkt. 31 , are GRANTED. It is further ORDERED that Defendant shall conduct a reasonable search of former AUSA Swaim's archived emails and produce any responsive records to Plaintiff on or before April 1, 2022. See document for details. Signed by Judge Randolph D. Moss on 12/30/2021. (lcrdm1) (Entered: 12/30/2021)
2022-01-0733MOTION for Leave to File Supplement by ANTONIO U. AKEL. (znmw) (Entered: 01/10/2022)
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