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Case TitleGonzalez v. U.S. Department of Justice et al
DistrictSouthern District of Florida
CityMiami
Case Number1:2021cv20002
Date Filed2021-01-02
Date Closed2023-02-24
JudgeChief Judge K. Michael Moore
PlaintiffJoey D Gonzalez
Case DescriptionJoey Gonzalez submitted a FOIA request to the Department of Justice for records concerning the release of his personal information by the Department of Agriculture in a lawsuit he brought against ADR Vantage. Gonzalez also submitted two FOIA requests to the Department of Agriculture for records concerning two USDA employees. The agencies acknowledged receipt of the requests but after hearing nothing further from either agency, Gonzalez filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDOJ
DefendantU.S. Department of Justice
DefendantU.S. Department of Agriculture
Departmental FOIA Officer
1400 Independence Avenue, SW
South Building, Room 4104
Washington, DC 20250-0706
DefendantU.S. Department of Agriculture
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-01-021COMPLAINT against DOJ, U.S. Department of Agriculture. Filing fees $ 402.00 receipt number AFLSDC-14140879, filed by Joey D Gonzalez. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Summon(s) Summons USDOJ, # 3 Summon(s) Summons USDA, # 4 Exhibit A - USDOJ FOIA Request, # 5 Exhibit B - USDA First FOIA Request, # 6 Exhibit C - USDA Second FOIA Request, # 7 Exhibit D - USDA FOIA Appeal)(Gonzalez Ramos, Joey) (Entered: 01/02/2021)
2021-01-022Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis 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. (kpe) (Entered: 01/04/2021)
2021-01-043Summons Issued as to U.S. Department of Justice. (kpe) (Entered: 01/04/2021)
2021-01-154PAPERLESS ORDER REFERRING CASE. PURSUANT to 28 U.S.C. § 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned cause is hereby referred to Magistrate Judge Lauren Fleischer Louis to take all necessary and proper action as required by law regarding all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters. Signed by Chief Judge K. Michael Moore on 1/15/2021. (hwr) (Entered: 01/15/2021)
2021-02-085NOTICE of Attorney Appearance by Dexter Lee on behalf of U.S. Department of Agriculture, U.S. Department of Justice. Attorney Dexter Lee added to party U.S. Department of Agriculture(pty:dft), Attorney Dexter Lee added to party U.S. Department of Justice(pty:dft). (Lee, Dexter) (Entered: 02/08/2021)
2021-02-086Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint, by U.S. Department of Agriculture, U.S. Department of Justice. (Attachments: # 1 Text of Proposed Order)(Lee, Dexter) (Entered: 02/08/2021)
2021-02-097PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants' Motion for Enlargement of Time to File Response to Complaint. 6 . Therein, the Government requests a twenty-one (21) day enlargement of time to respond to Plaintiff's Complaint because "counsel has not had sufficient time to confer with the two federal agency defendants regarding plaintiff's Freedom of Information Act requests." Id. at 1. UPON CONSIDERATION of the Motion 6 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Defendants' Motion for Enlargement of Time to File Response to Complaint 6 is GRANTED. Defendants' response to Plaintiff's Complaint shall be due on or before March 1, 2021. Signed by Chief Judge K. Michael Moore on 2/9/2021. (hwr) (Entered: 02/09/2021)
2021-03-018Defendants' ANSWER and Affirmative Defenses to Complaint by U.S. Department of Agriculture, U.S. Department of Justice. Attorney Carlos Javier Raurell added to party U.S. Department of Agriculture(pty:dft), Attorney Carlos Javier Raurell added to party U.S. Department of Justice(pty:dft). (Raurell, Carlos) (Entered: 03/01/2021)
2022-05-139Unopposed MOTION to Amend/Correct Complaint by Joey D Gonzalez. Responses due by 5/27/2022 (Attachments: # 1 First Amended Complaint)(Gonzalez Ramos, Joey) (Entered: 05/13/2022)
2022-05-1910PAPERLESS ORDER granting 9 Plaintiff's Unopposed Motion for Leave to File First Amended Complaint. Pursuant to Local Rule 15.1, Defendants shall separately file their First Amended Complaint on or before May 20, 2022 . Signed by Magistrate Judge Lauren Fleischer Louis on 5/19/2022. (nce) (Entered: 05/19/2022)
2022-05-1911First AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by Joey D Gonzalez. (Attachments: # 1 Exhibit A - Appeal Email to USDA)(Gonzalez Ramos, Joey) (Entered: 05/19/2022)
2022-06-0212ANSWER to Amended Complaint by U.S. Department of Agriculture, U.S. Department of Justice. (Raurell, Carlos) (Entered: 06/02/2022)
2023-01-1213PAPERLESS ORDER Setting Briefing Schedule. THIS CAUSE is before the Court upon a sua sponte review of the record. In order to resolve this matter fairly and efficiently, the Court ORDERS the parties to comply with the following schedule: (1) Motions for Summary Judgment are due on or before February 27, 2023. (2) Any Responses to Motions for Summary Judgment are due on or before March 27, 2023. (3) Any Replies to Motions for Summary Judgment are due on or before April 10, 2023. Signed by Magistrate Judge Lauren Fleischer Louis on 1/12/2023. (as06) (Entered: 01/12/2023)
2023-02-2414JOINT STIPULATION OF VOLUNTARY DISMISSAL by U.S. Department of Agriculture, U.S. Department of Justice (Raurell, Carlos) Modified text on 2/24/2023 (ebz). (Entered: 02/24/2023)
2023-02-2415PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Joint Stipulation of Voluntary Dismissal 14 , which the Court construes as a Notice of Voluntary Dismissal. Rule 41(a)(1)(A) of the Federal Rules of Civil Procedure allows a plaintiff to voluntarily dismiss a claim prior to a defendant's filing of an answer or a motion for summary judgment, or after an answer has been filed where the dismissal bears the signatures of both parties. Fed. R. Civ. P. 41(a)(1)(A)(i). In this case, an answer has been filed, and the Stipulation of Dismissal bears the signature of counsel for both Parties per Rule 41(a)(1)(A)(ii). Accordingly, UPON CONSIDERATION of the Stipulation, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the above-styled cause is hereby DISMISSED WITH PREJUDICE. All pending motions, if any, are DENIED AS MOOT. Signed by Judge K. Michael Moore on 2/24/2023. (fpi) (Entered: 02/24/2023)
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