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Case TitleNasuti v. Kerry et al
DistrictDistrict of Massachusetts
CityBoston
Case Number1:2015cv12910
Date Filed2015-07-07
Date Closed2016-02-05
JudgeJudge Nathaniel M. Gorton
PlaintiffMatthew J. Nasuti Senior City Managment Advisor-U.S Embassy, Bagdad
Case DescriptionMatthew Nasuti, a former management advisor at the U.S. Embassy in Baghdad, was allegedly terminated by the State Department for exposing the use of inferior body armor for Embassy personnel and visiting members of Congress. He filed an action with the Merit Systems Protection Board, which was remanded twice by the Federal Circuit. During the course of that litigation, Nasuti discovered references to various documents the State Department had refused to turn over during discovery. As a result, he made four FOIA requests for various documents referenced in the MSPB litigation. All four of the requests were denied. Nasuti then filed suit.
Complaint issues: Adequacy - Search

DefendantUS Secretary of Stat John Forbes Kerry
DefendantThe U.S Department of State
Documents
Docket
Complaint
Opinion/Order [40]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-07-061COMPLAINT against All Defendants, filed by Matthew J. Nasuti.(Castilla, Francis) (Entered: 07/07/2015)
2015-07-073General Order 09-1, dated January 6, 2009 regarding the E-Government Act and Personal Identifiers entered. (Castilla, Francis) (Entered: 07/07/2015)
2015-07-074ELECTRONIC NOTICE of Case Assignment. Judge Nathaniel M. Gorton assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Judith G. Dein. (Abaid, Kimberly) (Entered: 07/07/2015)
2015-07-135Letter/request (non-motion) from Matthew Nasuti regarding the issuance of summonses. (Attachments: # 1 Exhibit Summons, # 2 Exhibit Summons)(Danieli, Chris) (Entered: 07/15/2015)
2015-09-116NOTICE of filing amended complaint by Matthew J. Nasuti, FILED. (Flaherty, Elaine) (Entered: 09/11/2015)
2015-09-117AMENDED COMPLAINT against The U.S Department of State, John Forbes Kerry, filed by Matthew J. Nasuti, FILED.(Flaherty, Elaine) (Entered: 09/11/2015)
2015-11-038Judge Nathaniel M. Gorton: ORDER entered granting 2 Motion for Leave to Proceed in forma pauperis. The Clerk shall issue summonses for service of the amended complaint on the two defendants.The Clerk shall send the summonses and this Order to the plaintiff, who must thereafter serve the defendants in accordance with Federal Rule of Civil Procedure 4(m). The plaintiff may elect to have service made by the United States Marshals Service. Notwithstanding Fed. R. Civ. P. 4(m) and Local Rule 4.1, the plaintiff shall have 120 days from the date of this Order to complete service. The clerk mailed a copy of this Order to plaintiff. (PSSA, 4) (Entered: 11/04/2015)
2015-11-049Summons Issued as to John Forbes Kerry, The U.S Department of State. Mailed to plaintiff with USM 285 forms, LR 4.1, notice for service by US Marshals, courtesy copy of amended complaint, and instructions for service on the United States, its agencies and employees. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Attachments: # 1 L.R. 4.1 and notice for USMS service)(PSSA, 4) (Entered: 11/04/2015)
2015-11-2410Emergency MOTION for Writ of Mandamus by Matthew J. Nasuti, FILED.(Flaherty, Elaine) (Entered: 11/24/2015)
2015-11-2411MEMORANDUM in Support re 10 emergency MOTION for Writ of Mandamus filed by Matthew J. Nasuti, FILED. (Attachments: # 1 Affidavit, # 2 Exhibits)(Flaherty, Elaine) (Entered: 11/24/2015)
2015-12-0212Judge Nathaniel M. Gorton: ORDER entered denying 10 Motion for Writ of Mandamus (Danieli, Chris) (Entered: 12/02/2015)
2015-12-0213Judge Nathaniel M. Gorton: ORDER entered re 10 MOTION for Writ of Mandamus filed by Matthew J. Nasuti (Danieli, Chris) (Entered: 12/02/2015)
2015-12-0214Copy re 13 Order, 12 Order on Motion for Writ of Mandamus mailed to Matthew J. Nasuti on 12/2/2015., DOCKET SHEET sent to Matthew J. Nasuti (Danieli, Chris) (Entered: 12/02/2015)
2015-12-0715MOTION for Preliminary Injunction by Matthew J. Nasuti, FILED.(Flaherty, Elaine) (Entered: 12/07/2015)
2015-12-0716MEMORANDUM in Support re 15 MOTION for Preliminary Injunction filed by Matthew J. Nasuti, FILED. (Flaherty, Elaine) (Entered: 12/07/2015)
2015-12-1417NOTICE of filing returns of service of summons and amended complaint by Matthew J. Nasuti, FILED. (Flaherty, Elaine) (Entered: 12/15/2015)
2015-12-1418SUMMONS Returned Executed John Forbes Kerry served on 12/7/2015, FILED (Flaherty, Elaine) (Entered: 12/15/2015)
2015-12-1419SUMMONS Returned Executed as to US Attorney by Matthew J. Nasuti on 11/23/2015, FILED (Flaherty, Elaine) (Entered: 12/15/2015)
2015-12-1420SUMMONS Returned Executed to U.S. Attorney General WSO 11/23/15 by Matthew J. Nasuti, FILED. (Flaherty, Elaine) (Entered: 12/15/2015)
2015-12-1421SUMMONS Returned Executed as to U.S. Dept. of State WSO 11/24/15, FILED (Flaherty, Elaine) (Entered: 12/15/2015)
2015-12-1822US Marshal Process Receipt and Return for John Kerry served Delivered on 12/8/15 (Flaherty, Elaine) (Entered: 12/18/2015)
2015-12-1823NOTICE of Appearance by Annapurna Balakrishna on behalf of John Forbes Kerry, The U.S Department of State (Balakrishna, Annapurna) (Entered: 12/18/2015)
2015-12-1824First MOTION to Dismiss for Lack of Jurisdiction , First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ( Responses due by 1/1/2016) by John Forbes Kerry, The U.S Department of State.(Balakrishna, Annapurna) (Entered: 12/18/2015)
2015-12-1825MEMORANDUM in Support re 24 First MOTION to Dismiss for Lack of Jurisdiction First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by John Forbes Kerry, The U.S Department of State. (Balakrishna, Annapurna) (Entered: 12/18/2015)
2015-12-1826Opposition re 15 MOTION for Preliminary Injunction filed by John Forbes Kerry, The U.S Department of State. (Balakrishna, Annapurna) (Entered: 12/18/2015)
2015-12-2127ANSWER to 7 Amended Complaint Count I by John Forbes Kerry, The U.S Department of State.(Balakrishna, Annapurna) (Entered: 12/21/2015)
2015-12-2228ELECTRONIC NOTICE Setting Hearing on Motion 15 MOTION for Preliminary Injunction : Motion Hearing set for 12/30/2015 03:00 PM in Courtroom 4 before Judge Nathaniel M. Gorton. (Lima, Christine) (Entered: 12/22/2015)
2015-12-2229Copy re 28 Notice of Hearing on Motion mailed to Matthew Nasuti on 12/22/15. (Lima, Christine) (Entered: 12/22/2015)
2015-12-2930ELECTRONIC NOTICE Canceling Hearing. The Hearing on 15 Motion for a Preliminary Injunction scheduled for 12/30/15 at 3:00 PM is canceled. (Lima, Christine) (Entered: 12/29/2015)
2015-12-2931RESPONSE to Motion re 24 First MOTION to Dismiss for Lack of Jurisdiction First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Reply to Response to 15 Motion for a Preliminary Injunction filed by Matthew J. Nasuti. (Lima, Christine) Modified on 12/29/2015 (Lima, Christine). (Entered: 12/29/2015)
2015-12-2932Set/Reset Deadlines as to 15 MOTION for Preliminary Injunction. Sur-replies by the Government, if any, are due by 12:00 PM on 12/31/2015. (Lima, Christine) (Entered: 12/29/2015)
2015-12-2933Copy re 32 Set/Reset Motion and R&R Deadlines/Hearings, 30 Notice Cancelling Hearing mailed, and e-mailed, to Matthew Nasuti on 12/29/15. (Lima, Christine) (Entered: 12/29/2015)
2016-01-1434First MOTION for Protective Order by John Forbes Kerry, The U.S Department of State.(Balakrishna, Annapurna) (Entered: 01/14/2016)
2016-01-1435MEMORANDUM in Support re 34 First MOTION for Protective Order filed by John Forbes Kerry, The U.S Department of State. (Attachments: # 1 Exhibit Interrogatory, # 2 Exhibit Howard Affidavit)(Balakrishna, Annapurna) (Entered: 01/14/2016)
2016-01-1536Judge Nathaniel M. Gorton: ENDORSED ORDER entered granting 34 Motion for Protective Order copy Mr. Nasuti on 1/15/16 (Flaherty, Elaine) (Entered: 01/15/2016)
2016-01-1537Opposition re 34 First MOTION for Protective Order filed by Matthew J. Nasuti. (Lima, Christine) (Entered: 01/19/2016)
2016-01-1938RESPONSE to Motion re 34 First MOTION for Protective Order filed by Matthew J. Nasuti. (Caruso, Stephanie) (Entered: 01/19/2016)
2016-01-2039Notice of correction to docket made by Court staff. Please note that Documents 37 and 38 are duplicate filings (Lima, Christine) (Entered: 01/20/2016)
2016-01-2240Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER gratning 24 First MOTION to Dismiss Counts II and III of the Amended Complaint, filed by The U.S Department of State, John Forbes Kerry, denying 15 MOTION for Preliminary Injunction filed by Matthew J. Nasuti.(Lima, Christine) (Entered: 01/22/2016)
2016-01-2241Copy re 40 Memorandum & ORDER mailed to Matthew Nasuti on 1/22/16. (Lima, Christine) (Entered: 01/22/2016)
2016-01-2942NOTICE of Scheduling Conference Scheduling Conference set for 3/15/2016 11:00 AM in Courtroom 4 before Judge Nathaniel M. Gorton. (Lima, Christine) (Entered: 01/29/2016)
2016-01-2943Copy re 42 Notice of Scheduling Conference mailed to Matthew Nasuti on 1/29/16. (Lima, Christine) (Entered: 01/29/2016)
2016-02-0444Letter/request (non-motion) from M. Nasuti to Judge Gorton requesting dismissal of case, FILED. (Flaherty, Elaine) (Entered: 02/04/2016)
2016-02-0545Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered re 44 Letter/request (non-motion) from M. Nasuti to Judge Gorton requesting dismissal of case. Treated as a Notice of Voluntary Dismissal. Case will be dismissed. (Lima, Christine) (Entered: 02/05/2016)
2016-02-0546Judge Nathaniel M. Gorton: ORDER entered. ORDER DISMISSING CASE(Lima, Christine) (Entered: 02/05/2016)
2016-02-0547Copy re 45 Order, 46 Order Dismissing Case mailed to Matthew Nasuti on 2/5/16. (Lima, Christine) (Entered: 02/05/2016)
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by FOIA Project Staff
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