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Case TitleAlbert v. National Security Agency et al
DistrictSouthern District of Florida
CityFt Lauderdale
Case Number0:2020cv62652
Date Filed2020-12-23
Date ClosedOpen
JudgeJudge Roy K. Altman
PlaintiffBenjamin Albert
Case DescriptionBenjamin Albert submitted a FOIA request to the National Security Agency concerning surveillance of his software company, Billenial Tech. The agency issued a Glomar response. Albert also submitted a FOIA request to the FBI. After neither agency responded, Albert filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantNational Security Agency
DefendantUnited States National Security Agency
DefendantU.S. Department of Defense
DefendantUnited States Department of Defense
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-12-231COMPLAINT against National Security Agency. Filing fees $ 402.00. IFP Filed, filed by Benjamin Albert. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Summon(s))(jbs) (Entered: 12/23/2020)
2020-12-232Clerks Notice of Judge Assignment to Judge Roy K. Altman and Magistrate Judge Patrick M. Hunt. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Patrick M. Hunt is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jbs) (Entered: 12/23/2020)
2020-12-233MOTION for Leave to Proceed in forma pauperis by Benjamin Albert. (jbs) (Entered: 12/23/2020)
2020-12-234Clerks Notice to Filer re: Summons(es) cannot be issued. The motion to proceed in forma pauperis is pending (jbs) (Entered: 12/23/2020)
2020-12-235Supplemental COMPLAINT against National Security Agency, filed by Benjamin Albert.(amb) (Entered: 12/28/2020)
2020-12-286Consent by Pro Se Litigant (Non-Prisoner) Benjamin Albert to receive Notices of Electronic Filing at email address: Ba13c@protonmail.com (amb) (Entered: 12/28/2020)
2020-12-287ORDER OF INSTRUCTIONS TO PRO SE LITIGANTS. Signed by Judge Roy K. Altman on 12/28/2020. See attached document for full details. (amb) (Entered: 12/28/2020)
2020-12-298PAPERLESS ORDER granting 3 Motion for Leave to Proceed in forma pauperis. USM Service ordered . Summonses provided for issuance by Clerk for USM Service . Re: 1 Complaint filed by Benjamin Albert. Signed by Magistrate Judge Patrick M. Hunt on 12/29/2020. (hhr) (Entered: 12/29/2020)
2020-12-299Summons Issued as to National Security Agency. (kpe) (Entered: 12/29/2020)
2020-12-2910NOTICE of Compliance re 8 Order. Summons and Complaints sent to U.S. Marshal for service. (kpe) (Entered: 12/29/2020)
2021-01-0411Summons Issued as to National Security Agency. (cbr) (Entered: 01/04/2021)
2021-01-0412Clerk's Notice of Compliance re 8 Order on Motion for Leave to Proceed in forma pauperis. Summons, complaint, and order forwarded to Marshal's for service. (cbr) (Entered: 01/04/2021)
2021-01-0713SUMMONS (Affidavit) Returned Executed. U.S. Attorney served on 1/6/2021, answer due 3/8/2021. (kpe) (Entered: 01/07/2021)
2021-01-0814MOTION for Preliminary Injunction by Benjamin Albert. (kpe) (Entered: 01/08/2021)
2021-01-1115MOTION Expedited Injunction Hearing and Discovery by Benjamin Albert. (kpe) (Entered: 01/11/2021)
2021-01-1116PAPERLESS ORDER denying 15 Expedited Preliminary Injunction Hearing. Signed by Judge Roy K. Altman on 1/11/2021. (drd) (Entered: 01/11/2021)
2021-01-1217ORDER TO SHOW CAUSE. Show Cause Response due by 3/23/2021. Signed by Judge Roy K. Altman on 1/12/2021. See attached document for full details. (kpe) (Entered: 01/12/2021)
2021-01-1418AMENDED COMPLAINT against National Security Agency, filed by Benjamin Albert.(kpe) (Entered: 01/14/2021)
2021-01-1419MOTION Expedited Injunction Hearing and Discovery by Benjamin Albert. (kpe) (Entered: 01/14/2021)
2021-01-1420MOTION for Temporary Injunction by Benjamin Albert. (kpe) (Entered: 01/14/2021)
2021-01-1421PAPERLESS ORDER denying 19 Motion for Expedited Injunction Hearing and Discovery. Signed by Judge Roy K. Altman on 1/14/2021. (drd) (Entered: 01/14/2021)
2021-01-1422PAPERLESS ORDER denying 20 Motion for Temporary Injunction. Signed by Judge Roy K. Altman on 1/14/2021. (drd) (Entered: 01/14/2021)
2021-01-1923Summons Issued as to National Security Agency, U.S. Attorney and U.S. Attorney General (amb) (Entered: 01/19/2021)
2021-01-1924NOTICE of Compliance re 23 Summons Issued as to USA, 8 Order on Motion for Leave to Proceed in forma pauperis(Package sent to US Marshalls for service) (amb) (Entered: 01/19/2021)
2021-01-1925MOTION for Temporary Injunction by Benjamin Albert. (Attachments: # 1 Memorandum In Support)(kpe) (Entered: 01/20/2021)
2021-01-1926MOTION Expedited Injunction Hearing and Discovery by Benjamin Albert. (kpe) (Entered: 01/20/2021)
2021-01-2227ORDER TO SHOW CAUSE. Show Cause Response due by 1/27/2021. Signed by Judge Roy K. Altman on 1/22/2021. See attached document for full details. (amb) (Entered: 01/25/2021)
2021-01-2628RESPONSE On Order to Consolidate re 27 Order, by Benjamin Albert. (kpe) (Entered: 01/27/2021)
2021-01-2629Notice of Filing Background by Benjamin Albert. (kpe) (Entered: 01/27/2021)
2021-01-2730SUMMONS (Affidavit) Returned Executed. U.S. Attorney's Office served on 1/25/2021, answer due 3/26/2021. (Attachments: # 1 Cost Worksheet)(kpe) (Entered: 01/27/2021)
2021-01-2731ORDER Consolidating Cases. Case Number 21-cv-60161-RKA is hereby CONSOLIDATED into Case No. 20-cv-62652-RKA. Case Number 21-cv-60161-RKA shall be administratively CLOSED. All future filings shall be made under Albert v. National Security Agency, 20-cv-62652-RKA. Any pending motions in Case Numbers 20-cv-62652 and 21-cv-60161-RKA are DENIED AS MOOT. (Complaint due by 2/2/2021) Signed by Judge Roy K. Altman on 1/27/2021. See attached document for full details. (kpe) . (Entered: 01/27/2021)
2021-01-2832SUMMONS (Affidavit) Returned Executed. National Security Agency served on 1/15/2021, answer due 3/16/2021. (kpe) (Entered: 01/28/2021)
2021-01-2833SUMMONS (Affidavit) Returned Executed. U.S. Attorney General served on 1/15/2021, answer due 3/16/2021. (kpe) (Entered: 01/28/2021)
2021-01-2834ORDER In Cases With Multiple Defendants. Signed by Judge Roy K. Altman on 1/28/2021. See attached document for full details. (kpe) (Entered: 01/28/2021)
2021-01-2935MOTION for Reconsideration and Recusal by Benjamin Albert. (Attachments: # 1 Affidavit for Reconsideration and Recusal)(kpe) (Entered: 02/01/2021)
2021-02-0136PAPERLESS ORDER denying 35 Motion for Reconsideration and Recusal. The Plaintiff says he wants to pursue a "multiple trial strategy." The two cases were consolidated "without prejudice to any party filing a future motion for separate trials under Fed. R. Civ. P. 42(b)." See Order Consolidating Cases 31 . As such, the Plaintiff may renew his motion closer to trial. Signed by Judge Roy K. Altman on 2/1/2021. (drd) (Entered: 02/01/2021)
2021-02-0338Plaintiff's Appeal for Reconsideration by Successor after Recusal or Disqualification of the Altman Hunt Setup re 36 Order on Motion for Reconsideration, Order on Motion for Recusal, by Benjamin Albert. (Attachments: # 1 Affidavit)(apz) (Entered: 02/04/2021)
2021-02-0437ORDER TO SHOW CAUSE. Show Cause Response due by 2/5/2021. Signed by Judge Roy K. Altman on 2/3/2021. See attached document for full details. (kpe) (Entered: 02/04/2021)
2021-02-0439AMENDED COMPLAINT against United States Department of Defense, United States National Security Agency, filed by Benjamin Albert.(kpe) (Entered: 02/04/2021)
2021-02-0440PAPERLESS ORDER denying 38 Motion for Reconsideration of Motion for Recusal or Disqualification. Signed by Judge Roy K. Altman on 2/4/2021. (drd) (Entered: 02/04/2021)
2021-02-1141MOTION for Reconsideration by Successor After Recusal or Disqualification, by Benjamin Albert. (Attachments: # 1 Affidavit for Reconsideration, # 2 Exhibit)(kpe) (Entered: 02/11/2021)
2021-02-1242PAPERLESS ORDER denying 41 Motion for Reconsideration of Motion for Recusal or Disqualification. Signed by Judge Roy K. Altman on 2/12/2021. (drd) (Entered: 02/12/2021)
2021-02-1643MOTION for Reconsideration by Successor After Disqualification by Benjamin Albert. (Attachments: # 1 Affidavit for Reconsideration, # 2 Exhibit)(kpe) (Entered: 02/16/2021)
2021-02-1644PAPERLESS ORDER denying 43 Motion for Reconsideration of Motion for Recusal or Disqualification. Signed by Judge Roy K. Altman on 2/16/2021. (drd) (Entered: 02/16/2021)
2021-02-1745MOTION for Reconsideration by Successor After Disqualification by Benjamin Albert. (kpe) (Additional attachment(s) added on 2/18/2021: # 1 Memorandum Memorandum, # 2 Affidavit for Reconsideration) (kpe). (Entered: 02/18/2021)
2021-02-1746MOTION for Permanent Restraining Order by Benjamin Albert. Responses due by 3/3/2021. (kpe) (Entered: 02/18/2021)
2021-02-1747MOTION Expedited Injunction Hearing and Discovery by Benjamin Albert. ( Responses due by 3/3/2021) (kpe) (Entered: 02/18/2021)
2021-02-1848PAPERLESS ORDER denying 45 Motion for Reconsideration of Motion for Recusal or Disqualification. This is the fifth such motion - all of them frivolous. The Court now warns the Plaintiff that any future frivolous motions may result in sanctions, which could include a monetary fine or a restriction on filing privileges. Signed by Judge Roy K. Altman on 2/18/2021. (drd) (Entered: 02/18/2021)
2021-02-1849PAPERLESS ORDER denying 46 the Plaintiff's Motion for a "Permanent Restraining Order." See Order to Show Cause 27 . Signed by Judge Roy K. Altman on 2/18/2021. (drd) (Entered: 02/18/2021)
2021-02-1850PAPERLESS ORDER denying 47 the Plaintiff's Motion for Expedited Injunction Hearing and Discovery. Signed by Judge Roy K. Altman on 2/18/2021. (drd) (Entered: 02/18/2021)
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