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Case TitleELLIS v. UNITED STATES DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2013cv02056
Date Filed2013-12-26
Date Closed2015-06-22
JudgeJudge James E. Boasberg
PlaintiffANTHONY ELLIS
Case DescriptionAnthony Ellis, a state prisoner in Ohio, submitted a FOIA request to the Criminal Division of the Department of Justice for wiretap authorization memos for surveillance of phone numbers involved in the criminal investigation of Ellis. The agency denied the request, telling Ellis that such records were protected under Exemption 3 (other statutes). Ellis appealed to the Office of Information Policy, but after OIP failed to respond further, Ellis filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Recovery of Costs

DefendantUNITED STATES DEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [36]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2013-12-261COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE (Filing fee $ 0.00) filed by ANTHONY ELLIS. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(rc) (Entered: 12/31/2013)
2013-12-262MOTION for Leave to Proceed in forma pauperis by ANTHONY ELLIS. (rc) (Entered: 12/31/2013)
2013-12-263PRO 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. Signed by Judge Emmet G. Sullivan on 12/16/2013. (rc) (Entered: 12/31/2013)
2013-12-264ORDER. It is ORDERED that defendants Cynthia Summerfield, Kenneth Courter, Sean O'Neill and Timothy Ziese are DISMISSED WITH PREJUDICE as party defendants; and it is FURTHER ORDERED that this civil action shall proceed under the Freedom of Information Act as against the United States Department of Justice. Signed by Judge Emmet G. Sullivan on 12/16/2013. (rc) (Entered: 12/31/2013)
2014-01-065PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by ANTHONY ELLIS. (md, ) (Entered: 01/07/2014)
2014-03-186ORDER directing Plaintiff to pay an initial partial filing fee payment in the amount of $33.32 to the Clerk of the United States District Court for the District of Columbia. The Plaintiff's application to proceed in forma pauperis 2 is granted. Signed by Judge Ellen S. Huvelle on 2/26/2014. (kb) (Entered: 03/18/2014)
2014-03-18Case Reassigned to Judge James E. Boasberg. Unassigned no longer assigned to the case. (kb) (Entered: 03/18/2014)
2014-03-207Letter from Plaintiff regarding filing fee ("Leave to file GRANTED" by Judge James E. Boasberg ) (td, ) (Entered: 03/20/2014)
2014-03-20MINUTE ORDER: The Court construes Plaintiff's letter (ECF No. 7 ) as a motion for permission to submit the entire filing fee and not be treated in forma pauperis. The Court ORDERS that the Motion is GRANTED, and Plaintiff shall pay the entire fee by April 21, 2014. Signed by Judge James E. Boasberg on 3/20/2014. (lcjeb4) (Entered: 03/20/2014)
2014-03-21Set/Reset Deadlines: Entire filing fee payment due by 4/21/2014. (tg, ) (Entered: 03/21/2014)
2014-03-318Letter from Plaintiff ("Leave to file GRANTED" ) by James E. Boasberg (td, ) (Entered: 04/03/2014)
2014-04-039RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/1/2014. ( Answer due for ALL FEDERAL DEFENDANTS by 5/1/2014.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 4/1/2014 (td, ) (Entered: 04/03/2014)
2014-04-0710RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/2/2014. Answer due for ALL FEDERAL DEFENDANTS by 5/2/2014. (rdj) (Entered: 04/07/2014)
2014-04-1511NOTICE of Appearance by Shuchi Batra on behalf of All Defendants (Batra, Shuchi) (Entered: 04/15/2014)
2014-04-2112AMENDED COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE filed by ANTHONY ELLIS.(td, ) (Entered: 04/23/2014)
2014-04-23Filing fee: $ 350.00, receipt number 4616063385 (td, ) (Entered: 04/24/2014)
2014-05-1513MOTION for Extension of Time to Respond to Plaintiff's Amended Complaint by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Batra, Shuchi) (Entered: 05/15/2014)
2014-05-16MINUTE ORDER granting 13 Motion for Extension of Time to Answer Complaint. It is hereby ORDERED that Defendant's Motion is GRANTED, and it is further ORDERED that Defendant shall file its response to Plaintiff's amended complaint by July 18, 2014. Signed by Judge James E. Boasberg on 5/6/2014. (lcjeb4) (Entered: 05/16/2014)
2014-05-16Set/Reset Deadlines: Answer to the Amended Complaint due by 7/18/2014. (tg, ) (Entered: 05/16/2014)
2014-05-20MINUTE ORDER: Plaintiff has contacted chambers to indicate that his Amended Complaint (ECF No. 12 ) is in actuality a supplement to his original Complaint (ECF No. 1 ) and should not be viewed as superseding the original Complaint. The Court will treat it as such and advises the Government to so interpret it when fashioning any responsive pleading. Signed by Judge James E. Boasberg on 5/20/2014. (lcjeb4) (Entered: 05/20/2014)
2014-07-1014MOTION for Extension of Time to Respond to Plaintiff's Complaint by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Batra, Shuchi) (Entered: 07/10/2014)
2014-07-10MINUTE ORDER granting 14 Motion for Extension of Time to Respond. Upon consideration of Defendant's Motion for Extension of Time to Respond to Plaintiff's Complaint, it is hereby ORDERED that Defendant's Motion is GRANTED, and it is further ORDERED that Defendant shall file its response to Plaintiff's amended complaint by October 20, 2014. Signed by Judge James E. Boasberg on 7/10/2014. (lcjeb4) (Entered: 07/10/2014)
2014-07-10Set/Reset Deadline: Defendant shall file its response to Plaintiff's amended complaint by 10/20/2014. (ad) (Entered: 07/10/2014)
2014-07-2816MOTION for expedited processing by ANTHONY ELLIS; (See docket entry no. 15 to view) (td, ) (Entered: 07/29/2014)
2014-07-2817MOTION to supplement plaintiff's requested relief in pending civil action pursuant to Rule 15 Federal Rules of Civil Procedure by ANTHONY ELLIS (td, ) (Entered: 07/29/2014)
2014-07-2915Memorandum in opposition to re 14 MOTION for Extension of Time to Respond to Plaintiff's Complaint filed by ANTHONY ELLIS. (Attachments: # 1 Text of Proposed Order)(td, ) (Entered: 07/29/2014)
2014-08-0518RESPONSE re 16 MOTION for Order requesting Expedited Processing filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration of Peter Sprung, # 2 Exhibit A)(Batra, Shuchi) (Entered: 08/05/2014)
2014-08-0519RESPONSE re 17 MOTION for Order filed by UNITED STATES DEPARTMENT OF JUSTICE. (Batra, Shuchi) (Entered: 08/05/2014)
2014-08-0520NOTICE Exhibit A to Declaration of Peter Sprung by UNITED STATES DEPARTMENT OF JUSTICE re 18 Response to motion (Batra, Shuchi) (Entered: 08/05/2014)
2014-08-2821ORDER: The Court ORDERS that Plaintiff's 16 Motion for Expedited Processing is DENIED. The Court FURTHER ORDERS that Plaintiff's 17 Motion to Supplement is DENIED. Signed by Judge James E. Boasberg on 8/28/14. (lcjeb2) (Entered: 08/28/2014)
2014-09-2222RESPONSE (opposition) to Declaration of Peter C. Sprung re 18 Response to motion filed by ANTHONY ELLIS. (td, ) (Entered: 09/23/2014)
2014-10-1023NOTICE of Appearance by Eric Joseph Young on behalf of All Defendants (Young, Eric) (Entered: 10/10/2014)
2014-10-2024MOTION for Extension of Time to File Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Young, Eric) (Entered: 10/20/2014)
2014-10-21MINUTE ORDER GRANTING 24 Motion for Extension of Time. Defendant shall file its motion for summary judgment by November 20, 2014. Signed by Judge James E. Boasberg on 10/21/14. (lcjeb2) (Entered: 10/21/2014)
2014-10-21Set/Reset Deadline: Defendant shall file its motion for summary judgment by 11/20/2014. (ad) (Entered: 10/21/2014)
2014-10-2125MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts, # 2 Declaration Sprung Declaration including Exhibits A-E, # 3 Text of Proposed Order)(Young, Eric) (Entered: 10/21/2014)
2014-10-2226ORDER directing Plaintiff to respond to Defendant's 25 Motion for Summary Judgment no later than November 12, 2014. Signed by Judge James E. Boasberg on 10/22/14. (lcjeb2) (Entered: 10/22/2014)
2014-10-22Set/Reset Deadline: Plaintiff shall respond to Defendant's 25 Motion for Summary Judgment no later than 11/12/2014. (ad) (Entered: 10/22/2014)
2014-10-3127MOTION for Sanctions against defendants for unnecessary extensions and substitution of counsel by ANTHONY ELLIS (td, ) (Entered: 11/05/2014)
2014-11-0529MOTION for Extension of Time to File Response/Reply as to 25 MOTION for Summary Judgment by ANTHONY ELLIS (td, ) (Entered: 11/06/2014)
2014-11-06MINUTE ORDER: The Court ORDERS that Plaintiff's 27 Motion for Sanctions is DENIED. Defendant and its counsel have complied with Court orders. Signed by Judge James E. Boasberg on 11/6/14. (lcjeb2) (Entered: 11/06/2014)
2014-11-0628CERTIFICATE OF SERVICE by UNITED STATES DEPARTMENT OF JUSTICE Amended . (Young, Eric) (Entered: 11/06/2014)
2014-11-06MINUTE ORDER GRANTING 29 Motion for Extension of Time to File. The Court ORDERS that Plaintiff shall respond to Defendant's Motion for Summary Judgment by November 30, 2014. Signed by Judge James E. Boasberg on 11/6/14. (lcjeb2) (Entered: 11/06/2014)
2014-11-06Set/Reset Deadline: The Plaintiff shall respond to Defendant's Motion for Summary Judgment by 11/30/2014. (ad) (Entered: 11/06/2014)
2014-11-2430MOTION for Extension of Time to File Response/Reply as to 25 MOTION for Summary Judgment by ANTHONY ELLIS (td, ) (Entered: 11/26/2014)
2014-12-01MINUTE ORDER: The Court ORDERS that Defendant shall file a pleading by December 3, 2014, setting forth the details of the release of the 677 pages to Plaintiff. Signed by Judge James E. Boasberg on 12/1/14. (lcjeb2) (Entered: 12/01/2014)
2014-12-01Set/Reset Deadlines: Response to Order of the Court regarding the release of 677 pages to Plaintiff due by 12/3/2014. (tg ) (Entered: 12/01/2014)
2014-12-0331NOTICE of Defendant's Response to Court's Minute Order of December 1, 2014 by UNITED STATES DEPARTMENT OF JUSTICE re Order, Set/Reset Deadlines (Attachments: # 1 Declaration Sprung 2nd Declaration)(Young, Eric) (Entered: 12/03/2014)
2014-12-04MINUTE ORDER: Given the Government's late release of the 677 pages, the Court ORDERS that Plaintiff's 30 Motion for Extension is GRANTED, and he shall have until January 20, 2015, to oppose Defendant's Motion for Summary Judgment. Signed by Judge James E. Boasberg on 12/4/14. (lcjeb2) (Entered: 12/04/2014)
2014-12-04Set/Reset Deadline: Plaintiff shall have until 1/20/2015, to oppose Defendant's Motion for Summary Judgment. (ad) (Entered: 12/04/2014)
2015-01-2032Memorandum in opposition to re 25 MOTION for Summary Judgment filed by ANTHONY ELLIS. (td, ) (Entered: 01/22/2015)
2015-01-2733First MOTION for Extension of Time to File Response/Reply as to 25 MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Young, Eric) (Entered: 01/27/2015)
2015-01-28MINUTE ORDER GRANTING 33 Motion for Extension of Time. The Court ORDERS that Defendant shall file its Reply to Plaintiff's Opposition by February 12, 2015. Signed by Judge James E. Boasberg on 1/28/15. (lcjeb2) (Entered: 01/28/2015)
2015-01-28Set/Reset Deadline: Defendant shall file its Reply to Plaintiff's Opposition by 2/12/2015. (ad) (Entered: 01/28/2015)
2015-01-3034REPLY to opposition to motion re 25 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Young, Eric) (Entered: 01/30/2015)
2015-06-2235ORDER: The Court ORDERS that: 1) Defendant's Motion for Summary Judgment is GRANTED; and 2) Judgment is ENTERED in favor of Defendant. Signed by Judge James E. Boasberg on 6/22/15. (lcjeb2) (Entered: 06/22/2015)
2015-06-2236MEMORANDUM AND OPINION re 35 Order on Motion for Summary Judgment. Signed by Judge James E. Boasberg on 6/22/15. (lcjeb2) (Entered: 06/22/2015)
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by FOIA Project Staff
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