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Case TitleTHOMAS v. U.S. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv01514
Date Filed2015-09-17
Date Closed2018-06-05
JudgeJudge Timothy J. Kelly
PlaintiffERNEST W. THOMAS
Case DescriptionErnest Thomas, a federal prisoner, submitted a FOIA request to the Executive Office for U.S. Attorneys for records concerning his criminal case. The agency asked Thomas to clarify where his case took place. Thomas provided the information and was assigned a request number. After hearing nothing further from the agency, Thomas filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Recovery of Costs

DefendantU.S. DEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [33]
FOIA Project Annotation: Judge Amit Mehta has ruled that the Executive Office for U.S. Attorneys has not yet provided sufficient detail about its search for records concerning Ernest Thomas's criminal case in the superior court for the District of Columbia to allow Mehta to rule on the adequacy of its search. Mehta pointed out that "without more details, Defendant cannot satisfy its burden on summary judgment. To be clear, the USAO/DDC very well may have conducted an adequate search. After all, Plaintiff's FOIA request is straightforward: he seeks information about his own criminal case, which he identified by case number. Based on the current record, however, the court cannot find that the search conducted was reasonably designed to identify all responsive information." Remanding the case to the agency, Mehta suggested the agency review its Vaughn Index claims as well. He noted that "neither the declaration nor the Vaughn Index adequately explains why [certain] documents cannot be released in part by redacting identifying personal information. Additionally, it is unclear how Exemption 6 and 7(C) support the redaction of names appearing in a publicly filed grand jury indictment."
Issues: Adequacy - Search
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-09-171COMPLAINT against U.S. DEPARTMENT OF JUSTICE filed by ERNEST W. THOMAS. (Attachments: # 1 Civil Cover Sheet)(zrdj) (Entered: 09/17/2015)
2015-09-172MOTION for Leave to Proceed in forma pauperis by ERNEST W. THOMAS (zrdj) (Entered: 09/17/2015)
2015-09-173PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by ERNEST W. THOMAS (zrdj) (Entered: 09/17/2015)
2015-09-174ORDER directing an initial partial filing fee in the amount of $49.98 be made from Prison Account of ERNEST W. THOMAS ; further ordered, granting 2 MOTION for Leave to Proceed in forma pauperis (See Order for full details).. Signed by Judge James E. Boasberg on 9/16/2015. (zrdj) (Entered: 09/17/2015)
2015-10-085SUMMONS (3) Issued as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General. (md) (Entered: 10/08/2015)
2015-10-136RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 10/9/2015, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/9/2015. ( Answer due for ALL FEDERAL DEFENDANTS by 12/8/2015.) (zrdj) (Entered: 10/15/2015)
2015-10-167RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/13/2015. (zrdj) (Entered: 10/19/2015)
2015-11-168First MOTION for Extension of Time to File Answer re 1 Complaint by U.S. DEPARTMENT OF JUSTICE (Haynes, Fred) (Entered: 11/16/2015)
2015-11-17MINUTE ORDER granting 8 First Motion for Extension of Time to Answer. Defendant shall file its answer or other response to the complaint on or before November 25, 2015. Signed by Judge Amit P. Mehta on 11/17/2015. (lcapm3) (Entered: 11/17/2015)
2015-11-17Set/Reset Deadlines/Hearings: Answer or other response to Complaint due by 11/25/2015. (cdw) (Entered: 11/18/2015)
2015-11-259ANSWER to 1 Complaint by U.S. DEPARTMENT OF JUSTICE.(Haynes, Fred) (Entered: 11/25/2015)
2015-11-3010ORDER setting the schedule for dispositive motions briefing. Please see the attached Order for additional details. Signed by Judge Amit P. Mehta on 11/30/2015. (lcapm3) (Entered: 11/30/2015)
2015-11-30Set/Reset Deadlines/Hearings: Defendant's Dispositive Motion due by 1/15/2016. Response to Dispositive Motion due by 2/16/2016. Reply to Dispositive Motion due by 3/7/2016. Plaintiff's Cross Motion due by 2/16/2016. Response to Cross Motion due by 3/7/2016. Reply to Cross Motion due by 3/28/2016. (cdw) (Entered: 12/01/2015)
2016-01-1511Final MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Haynes, Fred) (Entered: 01/15/2016)
2016-01-19MINUTE ORDER granting, nunc pro tunc to January 15, 2016, 11 Motion for Extension of Time to File Defendant's Motion for Summary Judgment. It is further ordered that Defendant's Motion for Summary Judgment is due on or before February 5, 2016; Plaintiff's Opposition and/or Cross-Motion for Summary Judgment is due on or before March 8, 2016; Defendant's Reply and/or Opposition is due on or before March 28, 2016; and Plaintiff's Reply is due on or before April 18, 2016. Signed by Judge Amit P. Mehta on 01/19/2016. (lcapm1) Modified on 1/19/2016 (cdw). (Entered: 01/19/2016)
2016-01-19Set/Reset Deadlines/Hearings: Defendant's Summary Judgment motion due by 2/5/2016. Response to Motion for Summary Judgment due by 3/8/2016. Reply to Motion for Summary Judgment due by 3/28/2016. Plaintiff's Cross Motion due by 3/8/2016. Response to Cross Motions due by 3/28/2016. Reply to Cross Motion due by 4/18/2016. (cdw) (Entered: 01/20/2016)
2016-02-0512Second MOTION for Extension of Time to File Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Haynes, Fred) (Entered: 02/05/2016)
2016-02-09MINUTE ORDER granting 12 Second Motion for Extension of Time. The schedule shall be adjusted as follows: Defendant shall file its motion for summary judgment by February 16, 2016; Plaintiff shall file his opposition and/or cross-motion for summary judgment by March 21, 2016; Defendant shall file a reply and/or opposition by April 4, 2016; and Plaintiff shall file his reply and/or opposition by May 18, 2016. Signed by Judge Amit P. Mehta on 02/09/2016. (lcapm3) (Entered: 02/09/2016)
2016-02-10Set/Reset Deadlines: Motion for Summary Judgment due 2/16/2016; Response and Cross Motion for Summary Judgment due 3/21/2016; Reply in support of Motion for Summary Judgment and Response to Cross Motion due 4/4/2016; Reply in support of Cross Motion due 3/18/2016.(zmm) (Entered: 02/10/2016)
2016-02-1613Third MOTION for Extension of Time to File Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Haynes, Fred) (Entered: 02/16/2016)
2016-02-17MINUTE ORDER granting, nunc pro tunc to February 16, 2016, 13 Defendant's Third Motion for Extension of Time. The schedule shall be adjusted as follows: Defendant shall file its motion for summary judgment by February 23, 2016; Plaintiff shall file his opposition and/or cross-motion for summary judgment by March 28, 2016; Defendant shall file a reply and/or opposition by April 11, 2016; and Plaintiff shall file his reply and/or opposition by May 25, 2016. Signed by Judge Amit P. Mehta on 02/17/2016. (lcapm3) (Entered: 02/17/2016)
2016-02-18Set/Reset Deadlines: Motion for Summary Judgment due 2/23/2016; Response and Cross Motion due 3/28/2016; Reply in Support of Motion for Summary Judgment and Response to Cross Motion due 4/11/2016; Reply in Support of Cross Motion due 5/25/2016. (zmm) (Entered: 02/18/2016)
2016-02-2214MOTION for Extension of Time to File Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Haynes, Fred) (Entered: 02/22/2016)
2016-02-23MINUTE ORDER granting 14 Defendant's Motion for Extension of Time. The schedule shall be adjusted as follows: Defendant shall file its motion for summary judgment by February 25, 2016; Plaintiff shall file his opposition and/or cross-motion by March 30, 2016; Defendant shall file a reply and/or opposition by April 13, 2016; and Plaintiff shall file his reply by May 27, 2016. Signed by Judge Amit P. Mehta on 02/23/2016. (lcapm3) (Entered: 02/23/2016)
2016-02-24Set/Reset Deadlines: Summary judgment motion due 2/25/2016; Response and cross motion due 3/30/2016; Reply and response to cross motion due 4/13/2016; Reply in support of cross motion due 5/27/2016. (zmm) (Entered: 02/24/2016)
2016-02-2515MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Haynes, Fred) (Entered: 02/25/2016)
2016-02-26MINUTE ORDER granting, nunc pro tunc to February 25, 2016, 15 Motion for Extension of Time. The schedule shall be adjusted as follows: Defendant shall have to February 29, 2016, to file its motion for summary judgment; Plaintiff shall file his opposition and/or cross-motion by April 4, 2016; Defendant shall file a reply and/or opposition by April 18, 2016; and Plaintiff shall file his reply by May 31, 2016. Signed by Judge Amit P. Mehta on 02/26/2016. (lcapm3) (Entered: 02/26/2016)
2016-02-28Set/Reset Deadlines: Summary Judgment motion due by 2/29/2016. Response to Motion for Summary Judgment and Cross Motion due by 4/4/2016. Reply in Support of Summary Judgment and Response to Cross Motion due by 4/18/2016. Reply in Support of Cross Motion due 5/31/16. (zmm) (Entered: 02/28/2016)
2016-02-2916MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Haynes, Fred) (Entered: 02/29/2016)
2016-03-01MINUTE ORDER granting, nunc pro tunc to February 29, 2016, 16 Motion for Extension. Defendant shall file its Motion for Summary Judgment on or before March 7, 2016. No further extensions will be granted absent extraordinary circumstances. Signed by Judge Amit P. Mehta on 03/01/2016. (lcapm3) (Entered: 03/01/2016)
2016-03-01Set/Reset Deadlines: Summary Judgment motion due by 3/7/2016. (zmm) (Entered: 03/01/2016)
2016-03-0717MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Exhibit A - Luczynski Declaration, # 2 Exhibit B - Carpenter Declaration, # 3 Exhibit C - Haynes Declaration)(Haynes, Fred) (Entered: 03/07/2016)
2016-03-0818ORDER directing Plaintiff to respond to 17 Defendant's Motion for Summary Judgment on or before April 4, 2016. Please see the attached Order for additional details. Signed by Judge Amit P. Mehta on 03/08/2016. (lcapm3) (Entered: 03/08/2016)
2016-03-08Set/Reset Deadlines/Hearings: Plaintiff's response to Motion for Summary Judgment due by 4/4/2016. (zcdw) (Entered: 03/09/2016)
2016-04-0119MOTION for Extension of Time to File Response/Reply as to 17 MOTION for Summary Judgment by ERNEST W. THOMAS (zrdj) (Entered: 04/04/2016)
2016-04-04MINUTE ORDER granting 19 Plaintiff's Motion for Extension of Time to File Response to Defendant's Motion for Summary Judgment. Plaintiff shall file his Response to Defendant's Motion for Summary Judgment on or before May 11, 2016. The Clerk of the Court is instructed to mail notice of this Order to Plaintiff, who is proceeding pro se. Signed by Judge Amit P. Mehta on 04/04/2016. (lcapm3) (Entered: 04/04/2016)
2016-04-04Set/Reset Deadlines/Hearings: Response to Motion for Summary Judgment due by 5/11/2016. (cdw) (Entered: 04/05/2016)
2016-05-1220Memorandum in opposition to re 17 MOTION for Summary Judgment filed by ERNEST W. THOMAS. (zrdj) (Entered: 05/16/2016)
2016-05-2021First MOTION for Extension of Time to File Defendant's Reply Memorandum in Support of Its Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Haynes, Fred) (Entered: 05/20/2016)
2016-05-23MINUTE ORDER granting 21 Defendant's Motion for Extension of Time to File Defendant's Reply Memorandum in Support of its Motion for Summary Judgment. Defendant's Reply shall be due on or before June 3, 2016. Signed by Judge Amit P. Mehta on 05/23/2016. (lcapm3) (Entered: 05/23/2016)
2016-05-23Set/Reset Deadlines/Hearings: Defendant's reply to Motion for Summary Judgment due by 6/3/2016. (cdw) (Entered: 05/24/2016)
2016-06-0322Second MOTION for Extension of Time to File Reply Memorandum in Support of Defendant's Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Exhibit Letter to Plaintiff June 2, 2016)(Haynes, Fred) (Entered: 06/03/2016)
2016-06-06MINUTE ORDER granting, nunc pro tunc to June 3, 2016, 22 Motion for Further Extension of Time to File Defendant's Reply Memorandum in Support of its Motion for Summary Judgment. Defendant's Reply Memorandum shall be due on or before July 14, 2016. Signed by Judge Amit P. Mehta on 06/06/2016. (lcapm3) (Entered: 06/06/2016)
2016-06-06Set/Reset Deadlines/Hearings: Reply to Motion for Summary Judgment due by 7/14/2016. (cdw) (Entered: 06/07/2016)
2016-07-2023Consent MOTION for Extension of Time to File Reply Memorandum in Support of Defendant's Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Haynes, Fred) (Entered: 07/20/2016)
2016-07-21MINUTE ORDER granting 23 Consent Motion for Further Extension of Time to File Defendant's Reply Memorandum in Support of its Motion for Summary Judgment. Defendant's Reply Memorandum shall be due on or before September 10, 2016. Signed by Judge Amit P. Mehta on 07/21/2016. (lcapm3) (Entered: 07/21/2016)
2016-07-21Set/Reset Deadlines/Hearings: Reply to Motion for Summary Judgment due by 9/10/2016. (cdw) (Entered: 07/22/2016)
2016-09-1224MOTION for Extension of Time to File Response/Reply as to 17 MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Haynes, Fred) (Entered: 09/12/2016)
2016-09-13MINUTE ORDER granting 24 Motion for Further Extension of Time to File Defendant's Reply Memorandum in Support of its Motion for Summary Judgment. Defendant's Reply shall be due on or before September 23, 2016. Signed by Judge Amit P. Mehta on 09/13/2016. (lcapm3) (Entered: 09/13/2016)
2016-09-13Set/Reset Deadlines/Hearings: Reply to Motion for Summary Judgment due by 9/23/2016. (cdw) (Entered: 09/13/2016)
2016-09-2325MOTION for Extension of Time to File Defendant's Reply Memorandum in Support of Its Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Haynes, Fred) (Entered: 09/23/2016)
2016-09-26MINUTE ORDER: Defendant's 25 Motion for Extension of Time is granted, and its Reply is due 10/3/16. Signed by Judge Amit P. Mehta on 9/26/16. (ms) (Entered: 09/26/2016)
2016-09-26Set/Reset Deadlines/Hearings: Defendant's reply due by 10/3/2016. (cdw) (Entered: 09/26/2016)
2016-10-0326MOTION for Extension of Time to File Defendant's Reply Memornadum in Support of Its Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Exhibit Letter to Plaintiff)(Haynes, Fred) (Entered: 10/03/2016)
2016-10-04MINUTE ORDER granting 26 Motion for Further Extension of Time to File Defendant's Reply Memorandum in Support of its Motion for Summary Judgment. Defendant's Reply shall be due on or before November 14, 2016. Signed by Judge Amit P. Mehta on 10/04/2016. (lcapm3) (Entered: 10/04/2016)
2016-10-04Set/Reset Deadlines/Hearings: Defendant's reply due by 11/14/2016. (cdw) (Entered: 10/05/2016)
2016-11-1427Consent MOTION for Extension of Time to File Defendant's Reply Memorandum in Support of Its Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Haynes, Fred) (Entered: 11/14/2016)
2016-11-15MINUTE ORDER granting 27 Motion for Extension of Time to File Defendant's Reply Memorandum in Support of Its Motion for Summary Judgment. Defendant shall file its Reply on or before December 2, 2016. Signed by Judge Amit P. Mehta on 11/15/2016. (lcapm3) (Entered: 11/15/2016)
2016-11-15Set/Reset Deadlines/Hearings: Defendant's reply due by 12/2/2016. (cdw) (Entered: 11/15/2016)
2016-12-0228MOTION for Extension of Time to File Reply Memorandum in Support of Defendant's Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Haynes, Fred) (Entered: 12/02/2016)
2016-12-05MINUTE ORDER granting 28 Motion for Extension of Time to File Defendant's Reply Memorandum in Support of Its Motion for Summary Judgment. Defendant shall file its Reply on or before December 22, 2016. Signed by Judge Amit P. Mehta on 12/05/2016. (lcapm3) (Entered: 12/05/2016)
2016-12-05Set/Reset Deadlines/Hearings: Defendant's Reply to Motion for Summary Judgment due by 12/22/2016. (cdw) (Entered: 12/06/2016)
2016-12-2029MOTION for Extension of Time to File Defendant's Reply Memornadum in Support of Its Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Haynes, Fred) (Entered: 12/20/2016)
2016-12-21MINUTE ORDER granting 29 Motion for Extension of Time to File Defendant's Reply in Support of its Motion for Summary Judgment. The Defendant's Reply shall be due on or before January 17, 2017. Signed by Judge Amit P. Mehta on 12/21/2016. (lcapm3) (Entered: 12/21/2016)
2016-12-21Set/Reset Deadlines/Hearings: Defendant's reply due by 1/17/2017. (cdw) (Entered: 12/22/2016)
2017-01-1730REPLY to opposition to motion re 17 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Haynes, Fred) (Entered: 01/17/2017)
2017-01-1931ORDER granting Plaintiff 30 days to file a Supplement to his Opposition to Defendant's Motion for Summary Judgment. Plaintiff's Supplement, if filed, shall be due on or before February 21, 2017. See attached Order for additional details. Signed by Judge Amit P. Mehta on 01/19/2017. (lcapm3) (Entered: 01/19/2017)
2017-02-2832ORDER directing the Clerk to mail a copy of the court's January 19, 2017, Order to Plaintiff. Plaintiff shall have until March 21, 2017, to file a Supplement to his Opposition to Defendant's Motion for Summary Judgment. See attached Order for additional details. Signed by Judge Amit P. Mehta on 02/28/2017. (lcapm3) (Entered: 02/28/2017)
2017-03-2833MEMORANDUM OPINION AND ORDER denying without prejudice Defendant's 17 Motion for Summary Judgment. See the attached Memorandum Opinion and Order for additional details. Signed by Judge Amit P. Mehta on 03/28/2017. (lcapm1) (Entered: 03/28/2017)
2017-04-1834First MOTION for Extension of Time to File Defendant's Renewed Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Haynes, Fred) (Entered: 04/18/2017)
2017-04-19MINUTE ORDER granting 34 Defendant's Motion for Extension of Time. Defendant shall file its renewed motion for summary judgment on or before May 22, 2017. Signed by Judge Amit P. Mehta on 04/19/2017. (lcapm3) (Entered: 04/19/2017)
2017-04-19Set/Reset Deadlines/Hearings: Defendant's renewed motion for summary judgment due by 5/22/2017. (cdw) (Entered: 04/19/2017)
2017-05-2235Second MOTION for Extension of Time to File Defendant's Renewed Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Haynes, Fred) (Entered: 05/22/2017)
2017-05-23MINUTE ORDER granting 35 Defendant's Second Motion for Extension of Time to File Defendant's Renewed Motion for Summary Judgment. Defendant shall file its renewed motion for summary judgment on or before May 31, 2017. Signed by Judge Amit P. Mehta on 05/23/2017. (lcapm3) (Entered: 05/23/2017)
2017-05-23Set/Reset Deadlines/Hearings: Defendant's renewed motion for summary judgment due by 5/31/2017. (cdw) (Entered: 05/24/2017)
2017-05-3136Third MOTION for Extension of Time to File Defendant's Renewed Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Haynes, Fred) (Entered: 05/31/2017)
2017-06-01MINUTE ORDER granting 36 Defendant's Third Motion for Extension of Time to File Defendant's Renewed Motion for Summary Judgment. Defendant shall file its renewed motion for summary judgment on or before June 9, 2017. Signed by Judge Amit P. Mehta on 06/01/2017. (lcapm3) (Entered: 06/01/2017)
2017-06-01Set/Reset Deadlines/Hearings: Renewed Summary Judgment motion due by 6/9/2017. (cdw) (Entered: 06/02/2017)
2017-06-0937MOTION for Extension of Time to File Defendant's Renewed Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Haynes, Fred) (Entered: 06/09/2017)
2017-06-12MINUTE ORDER granting 37 Defendant's Motion for Extension of Time to File Defendant's Renewed Motion for Summary Judgment. Defendant shall file its renewed motion for summary judgment on or before June 16, 2017. As this is Defendant's Fourth Request for additional time, no further extensions will be granted absent a showing of extraordinary circumstances. Signed by Judge Amit P. Mehta on 06/12/2017. (lcapm3) (Entered: 06/12/2017)
2017-06-1338Letter from Ernest W. Thomas to Fred E. Haynes "LET THIS BE FILED" by Judge Amit P. Mehta (zrdj) (Entered: 06/14/2017)
2017-06-1639Emergency MOTION for Extension of Time to File Defendant's Renewed Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Exhibit A - Declaration of Fred E. Haynes)(Haynes, Fred) (Entered: 06/16/2017)
2017-06-21MINUTE ORDER granting 39 Defendant's Emergency Motion for Extension of Time. The court grants this motion with great reluctance. Government counsel has requested, and received, four prior extensions of time. It now appears from Defendant's Emergency Motion that Defendant's initial search efforts were incomplete and that Defendant's counsel came to that realization only after filing its fourth motion for extension of time. Such dilatory conduct is disappointing to say the least. Nevertheless, the court will grant Defendant one final extension of time given the sensitive nature of the documents requested and the privacy concerns at issue. Defendant's Renewed Motion for Summary Judgment shall be filed no later than July 7, 2017. Signed by Judge Amit P. Mehta on 06/21/2017. (lcapm3) (Entered: 06/21/2017)
2017-06-21Set/Reset Deadlines/Hearings: Defendant's Renewed Summary Judgment motion due by 7/7/2017. (cdw) (Entered: 06/21/2017)
2017-07-0740NOTICE of Release to Plaintiff of Certain Records Referred to in the Court's March 28, 2017, Memorandum and Order by U.S. DEPARTMENT OF JUSTICE (Haynes, Fred) (Entered: 07/07/2017)
2017-07-0741Supplemental MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Exhibit A - Third Declaration of Fred E. Haynes, # 2 Exhibit 1 to Exhibit A (Supplemental Vaughn Index))(Haynes, Fred) (Entered: 07/07/2017)
2017-07-0742NOTICE Concerning Release to Plaintiff of Records from the Archived Word Processing Folder for Ernest Thomas by U.S. DEPARTMENT OF JUSTICE (Haynes, Fred) (Entered: 07/07/2017)
2017-07-1143Order advising plaintiff to respond by 8/21/2017 to the defendant's 41 Renewed MOTION for Summary Judgment. Signed by Judge Amit P. Mehta on 7/10/17. (ms) (Entered: 07/11/2017)
2017-07-12Set/Reset Deadlines/Hearings: Response to Renewed Motion for Summary Judgment due by 8/21/2017. (cdw) (Entered: 07/12/2017)
2017-08-1844NOTICE of Plaintiff's Change of Address by U.S. DEPARTMENT OF JUSTICE (Haynes, Fred) (Entered: 08/18/2017)
2017-09-19Case directly reassigned to Judge Timothy J. Kelly. Judge Amit P. Mehta is no longer assigned to the case. (ztnr) (Entered: 09/19/2017)
2017-10-0545Order directing Defendant to serve a copy of its Renewed Motion for Summary Judgment on Plaintiff at his current address of record by October 16, 2017, Plaintiff to file his opposition or other response to Defendant's motion by November 13, 2017, and Defendant to file its reply, if any, by December 4, 2017. Signed by Judge Timothy J. Kelly on 10/5/17. (ms) (Entered: 10/05/2017)
2017-10-05Set/Reset Deadlines: Renewed Motion for Summary Judgment due by 10/16/2017. Response to Motion for Summary Judgment due by 11/13/2017. Reply to Motion for Summary Judgment due by 12/4/2017. (kh) (Entered: 10/05/2017)
2017-10-1046NOTICE of Compliance with the Court's Order of October 5, 2017, ECF No. 45 by U.S. DEPARTMENT OF JUSTICE (Haynes, Fred) (Entered: 10/10/2017)
2017-10-2347MOTION for Extension of Time by ERNEST W. THOMAS. "Leave to file GRANTED" signed by Judge Timothy J. Kelly on 10/23/2017 (jf) (Entered: 10/23/2017)
2017-10-23MINUTE ORDER: It is hereby ORDERED that any opposition to Plaintiff's 47 Motion for Extension of Time to Respond, which requests an additional 180 days to respond to Defendant's Renewed Motion for Summary Judgment, shall be filed on or before October 30, 2017. Signed by Judge Timothy J. Kelly on 10/23/2017. (lctjk1) (Entered: 10/23/2017)
2017-10-23Set/Reset Deadlines: Opposition due by 10/30/2017. (tj) (Entered: 10/23/2017)
2017-10-3048RESPONSE re 47 MOTION for Extension of Time to Respond to Defendant's Renewed Motion for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Haynes, Fred) (Entered: 10/30/2017)
2017-10-31MINUTE ORDER granting Plaintiff's 47 Motion for Extension of Time. It is hereby ORDERED that, for good cause shown, Plaintiff shall file his response to Defendant's Renewed Motion for Summary Judgment by April 30, 2018. Defendant shall file its reply, if any, by May 21, 2018. Signed by Judge Timothy J. Kelly on 10/31/2017. (lctjk1) (Entered: 10/31/2017)
2017-10-31Set/Reset Deadlines: Response to Motion for Summary Judgment due by 4/30/2018; Reply to Motion for Summary Judgment due by 5/21/2018. (tj) (Entered: 10/31/2017)
2018-02-28Minute Order: Plaintiff represented in his 48 Motion for Extension of Time that while he is in restricted housing he is unable to respond to Defendant's 41 Motion for Summary Judgment. Plaintiff shall inform the Court promptly when he is no longer in restricted housing, or, if he remains in such housing as of April 30, 2018, he shall file a report updating the Court as to his status. Because it is unclear how long Plaintiff will be in restrictive housing, this case is STAYED until further order of the Court, and the current briefing schedule is hereby VACATED. Signed by Judge Timothy J. Kelly on 2/28/2018. (lctjk1) (Entered: 02/28/2018)
2018-03-01Set/Reset Deadlines: Plaintiff's Status Report due by 4/30/2018. (kh) (Entered: 03/01/2018)
2018-03-0949NOTICE of Change of Address by Fred Elmore Haynes (Haynes, Fred) (Entered: 03/09/2018)
2018-03-0950ERRATA to Vaugh Index, ECF No. 41-2 by U.S. DEPARTMENT OF JUSTICE 41 Supplemental MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Haynes, Fred) (Entered: 03/09/2018)
2018-05-09MINUTE ORDER: Plaintiff has failed to timely file a status report updating the Court as to whether he remains in restrictive housing. See Minute Order of February 28, 2018. Accordingly, it is hereby ORDERED that, by May 31, 2018, Plaintiff shall show cause why this action should not be dismissed for want of prosecution. Signed by Judge Timothy J. Kelly on 5/9/2018. (lctjk1) (Entered: 05/09/2018)
2018-05-10Set/Reset Deadlines: Plaintiff's Response to Show Cause due by 5/31/2018. (kh) (Entered: 05/10/2018)
2018-05-3051NOTICE of Letter from Plaintiff by U.S. DEPARTMENT OF JUSTICE (Haynes, Fred) (Entered: 05/30/2018)
2018-06-0152Letter from Plaintiff. "Leave to file GRANTED" signed by Judge Timothy J. Kelly on 06/01/2018 (jf) (Entered: 06/05/2018)
2018-06-05MINUTE ORDER: Plaintiff has failed to file a timely response to the Court's May 9, 2018 order to show cause why this action should not be dismissed for want of prosecution. Instead, Plaintiff has forwarded to the Court a letter addressed to Defendant 52 , in which he represents that he is no longer in [a] position to continue this case. The Court ORDERS that (1) this action is DISMISSED WITHOUT PREJUDICE for want of prosecution and (2) Defendant's 41 motion for summary judgment is DENIED AS MOOT. Signed by Judge Timothy J. Kelly on 6/5/2018. (lctjk1) (Entered: 06/05/2018)
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