| Date Filed | Doc # | Docket Text |
|
| 2015-04-16 | 1 | COMPLAINT against FEDERAL BUREAU OF INVESTIGATION (Filing fee $ 0.00) with Jury Demand filed by ALEXANDER OTIS MATTHEWS. (Attachments: # 1 Civil Cover Sheet)(jf, ) (Entered: 04/17/2015) |
| 2015-04-16 | | SUMMONS (3) Issued as to FEDERAL BUREAU OF INVESTIGATION, U.S. Attorney and U.S. Attorney General (jf, ) (Entered: 04/17/2015) |
| 2015-04-16 | 2 | MOTION for Leave to Proceed in forma pauperis by ALEXANDER OTIS MATTHEWS (jf, ) (Entered: 04/17/2015) |
| 2015-04-16 | 3 | VACATED PURSUANT TO MEMORANDUM OPINION AND ORDER DATED 5/5/2017.....ORDER directing an initial partial filing fee in the amount of $64.09 from Prison Account of Alexander Otis Matthews; further ordered, granting 2 MOTION for Leave to Proceed in forma pauperis. Signed by Judge Amit P. Mehta on 04/10/2015. (see order for full detail) (jf, ) Modified on 5/8/2017 (kt). (Entered: 04/17/2015) |
| 2015-04-16 | | SUMMONS (3) Issued as to FEDERAL BUREAU OF INVESTIGATION, U.S. Attorney and U.S. Attorney General (rd) (Entered: 04/17/2015) |
| 2015-05-05 | 4 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/1/2015. (rdj) (Entered: 05/06/2015) |
| 2015-05-08 | 5 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 5/6/2015 (rdj) (Entered: 05/11/2015) |
| 2015-05-28 | 6 | NOTICE of Appearance by Claire M. Whitaker on behalf of FEDERAL BUREAU OF INVESTIGATION (Whitaker, Claire) (Entered: 05/28/2015) |
| 2015-06-01 | 7 | MOTION for Extension of Time to File Answer by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 06/01/2015) |
| 2015-06-02 | | MINUTE ORDER: Upon consideration of the consent motion for extension of time 7 , it is hereby ORDERED that the motion is GRANTED. Defendant shall respond to Plaintiff's complaint on or before June 22, 2015. Signed by Judge Randolph D. Moss on June 2, 2015. (lcrdm3, ) (Entered: 06/02/2015) |
| 2015-06-02 | | Set/Reset Deadline: Defendant shall respond to Plaintiff's complaint on or before 6/22/2015. (kt) (Entered: 06/02/2015) |
| 2015-06-16 | 8 | RESPONSE re 7 MOTION for Extension of Time to File Answer filed by ALEXANDER OTIS MATTHEWS. (zrdj) (Entered: 06/17/2015) |
| 2015-06-22 | 9 | ANSWER to 1 Complaint by FEDERAL BUREAU OF INVESTIGATION.(Whitaker, Claire) (Entered: 06/22/2015) |
| 2015-06-22 | 10 | ERRATA to ECF No. 7 by FEDERAL BUREAU OF INVESTIGATION. (Whitaker, Claire) (Entered: 06/22/2015) |
| 2015-06-30 | 11 | SCHEDULING ORDER: Any motion to join other parties or to amend the pleadings shall be filed on or before July 29, 2015. Any motion for summary judgment shall be filed on or before August 28, 2015. Any opposition shall be filed on or before September 28, 2015. Any reply shall be filed on or before October 12, 2015. See Order for details. Signed by Judge Randolph D. Moss on June 30, 2015. (lcrdm3, ) (Entered: 06/30/2015) |
| 2015-08-28 | 12 | MOTION to Dismiss , MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Exhibit Supp. Hardy Decl., # 2 Statement of Facts, # 3 Text of Proposed Order)(Whitaker, Claire) (Entered: 08/28/2015) |
| 2015-09-03 | 13 | ORDER: Plaintiff shall respond to Defendant's Motion to Dismiss or for Summary Judgment on or before October 5, 2015. See Order for details. Signed by Judge Randolph D. Moss on September 3, 2015. (lcrdm3, ) Modified on 9/4/2015 to correct double verbage (kt). (Entered: 09/03/2015) |
| 2015-09-04 | | Set/Reset Deadline: Plaintiff shall respond to Defendant's Motion to Dismiss or for Summary Judgment on or before 10/5/2015. (kt) (Entered: 09/04/2015) |
| 2015-09-08 | 14 | Memorandum in opposition to re 12 MOTION to Dismiss MOTION for Summary Judgment filed by ALEXANDER OTIS MATTHEWS. (zrdj) (Entered: 09/10/2015) |
| 2015-09-17 | 15 | REPLY to opposition to motion re 12 MOTION to Dismiss MOTION for Summary Judgment filed by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Exhibit 2nd Decl. of David Hardy, # 2 Text of Proposed Order)(Whitaker, Claire) (Entered: 09/17/2015) |
| 2015-09-17 | 16 | MOTION for Scheduling Order by FEDERAL BUREAU OF INVESTIGATION (Whitaker, Claire) (Entered: 09/17/2015) |
| 2015-09-25 | 17 | NOTICE (Defendant Federal Bureau of Investigation's Notice of Receipt of Payment of Fees from Plaintiff and Proposed Order) by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 09/25/2015) |
| 2015-10-05 | 18 | MOTION Requesting Vaughn Index & Other Document's Held In Violation Of Plaintiff's Rights Under Brady v. Maryland by ALEXANDER OTIS MATTHEWS (zrdj) (Entered: 10/07/2015) |
| 2015-10-07 | 19 | Objection re 15 Reply to opposition to Motion by ALEXANDER OTIS MATTHEWS "LEAVE TO FILE GRANTED", by Judge Randolph D. Moss (zrdj) (Entered: 10/08/2015) |
| 2015-10-08 | 20 | MINUTE ORDER: Upon consideration of Defendant Federal Bureau of Investigation's Motion to Dismiss or for Summary Judgment 12 , Plaintiff Matthews's Memorandum in Opposition to the Motion to Dismiss or for Summary Judgment 14 , the FBI's Reply 15 , the FBI's Motion for Scheduling Order 16 , and the FBI's Notice of Payment 17 , it is hereby ORDERED that the FBI's Motion to Dismiss or for Summary Judgment 12 is DENIED AS MOOT. It is further ORDERED that the FBI's Motion for Scheduling Order 16 is GRANTED in part and DENIED in part. See forthcoming Order. Upon consideration of Plaintiff Matthews's Motion Requesting Vaughn Index and Other Documents Held in Violation of Plaintiff's Rights Under Brady v. Maryland 18 , it is further ORDERED that the motion is GRANTED in part and DENIED in part. The FBI shall provide Matthews with a Vaughn Index on or before October 30, 2015. Matthews's request for an order requiring the FBI to release certain documents is DENIED as premature. Signed by Judge Randolph D. Moss on 10/08/2015. (lcrdm3, ). Modified on 10/8/2015 to remove attached document that will be entered and attached in a separate entry (kt). (Entered: 10/08/2015) |
| 2015-10-08 | 21 | SCHEDULING ORDER: Upon consideration of Defendant Federal Bureau of Investigation's Motion for Scheduling Order 16 , it is hereby ORDERED that the following schedule shall govern further proceedings: (1) the FBI shall process Plaintiff Matthews's administrative claim file and release all non-exempt records (including non-exempt portions of records) on or before October 16, 2015; (2) the FBI shall provide Matthews with a Vaughn Index on or before October 30, 2015; (3) Matthews shall notify the FBI whether he intends to challenge any exemptions claimed in the Vaughn Index on or before November 25, 2015; (4) Any dispositive motions and supporting materials shall be filed with the Court on or before December 23, 2015; (5) Any motion in opposition to any dispositive motions shall be filed with the Court on or before January 22, 2016; and (6) any reply to a motion in opposition shall be filed with the Court on or before January 29, 2016. See attached document for details. Signed by Judge Randolph D. Moss on 10/08/2015. (lcrdm3, ) (Entered: 10/08/2015) |
| 2015-10-09 | | Set/Reset Deadlines: The FBI shall process Plaintiff Matthews's administrative claim file and release all non-exempt records (including non-exempt portions of records) on or before 10/16/2015; the FBI shall provide Matthews with a Vaughn Index on or before 10/30/2015; Matthews shall notify the FBI whether he intends to challenge any exemptions claimed in the Vaughn Index on or before 11/25/2015; Any dispositive motions and supporting materials shall be filed with the Court on or before 12/23/2015; Any motion in opposition to any dispositive motions shall be filed with the Court on or before 1/22/2016; and any reply to a motion in opposition shall be filed with the Court on or before 1/29/2016. (kt) (Entered: 10/09/2015) |
| 2015-11-16 | 22 | Challenge To Vaughn Index Exemptions by ALEXANDER OTIS MATTHEWS (zrdj) (Entered: 11/19/2015) |
| 2015-12-23 | 23 | MOTION for Extension of Time to file Defendant's Motion for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 12/23/2015) |
| 2015-12-28 | | MINUTE ORDER: Upon consideration of Defendant FBI's Motion to Extend Time 23 , it is hereby ORDERED that the motion is GRANTED. The FBI may file a motion for summary judgment on or before January 11, 2016. Signed by Judge Randolph D. Moss on 12/28/2015. (lcrdm3, ) (Entered: 12/28/2015) |
| 2015-12-28 | | Set/Reset Deadline: The FBI may file a motion for summary judgment on or before 1/11/2016. (kt) (Entered: 12/28/2015) |
| 2016-01-11 | 24 | MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Attachmen 1 (Declaration of Dennis Argall with exhibits), # 2 Attachment 2 (Vaughn Index sent to Plaintiff), # 3 Attachment 3 (Letter from EOUST sent to Plaintiff), # 4 Statement of Facts, # 5 Text of Proposed Order)(Whitaker, Claire) (Entered: 01/11/2016) |
| 2016-01-27 | 25 | ORDER: Plaintiff Matthews shall respond to the FBI's motion for summary judgment 24 on or before February 28, 2016. See attached document for details. Signed by Judge Randolph D. Moss on 1/27/2016. (lcrdm3, ) (Entered: 01/27/2016) |
| 2016-01-28 | | Set/Reset Deadline: Plaintiff Matthews shall respond to the FBI's motion for summary judgment 24 on or before 2/28/2016. (kt) (Entered: 01/28/2016) |
| 2016-01-28 | 26 | Memorandum in opposition to re 24 MOTION for Summary Judgment filed by ALEXANDER OTIS MATTHEWS. (zrdj) (Entered: 02/01/2016) |
| 2016-02-05 | 27 | MOTION for Extension of Time to File Response/Reply by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 02/05/2016) |
| 2016-02-09 | | MINUTE ORDER: Upon consideration of Defendant's Motion to Extend Time 27 , it is hereby ORDERED that the motion is GRANTED. Defendant may file its reply to Plaintiff's opposition on or before February 23, 2016. Signed by Judge Randolph D. Moss on 2/9/2016. (lcrdm3, ) (Entered: 02/09/2016) |
| 2016-02-09 | | Set/Reset Deadline: Defendant may file its reply to Plaintiff's opposition on or before 2/23/2016. (kt) (Entered: 02/09/2016) |
| 2016-02-23 | 28 | REPLY to opposition to motion re 24 MOTION for Summary Judgment filed by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1)(Whitaker, Claire) (Entered: 02/23/2016) |
| 2016-03-17 | 29 | SURREPLY to re 24 MOTION for Summary Judgment filed by ALEXANDER OTIS MATTHEWS. "LEAVE TO FILE GRANTED" by Judge Randolph D. Moss(zrdj) (Entered: 03/17/2016) |
| 2016-03-30 | 30 | RESPONSE to Plaintiff's Surreply, ECF No. 29 filed by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Attachment 1 (Order Matthrews v. Faulconer), # 2 Attachment 2 (Mem.Op. in Matthews v. O'Grady), # 3 Attachment 3 (Mem.Op and Order in Matthews v. Sullivan), # 4 Text of Proposed Order)(Whitaker, Claire) (Entered: 03/30/2016) |
| 2016-09-30 | 31 | VACATED PURSUANT TO MEMORANDUM OPINION AND ORDER DATED 5/5/2017.....MEMORANDUM OPINION AND ORDER: This case is hereby DISMISSED WITHOUT PREJUDICE pursuant to section 1915(g) of Title 28 of the United States Code. See attached document for details. Signed by Judge Randolph D. Moss on 9/30/2016. (lcrdm3, ) Modified on 10/3/2016 to include document title (kt). Modified on 5/8/2017 (kt). (Entered: 09/30/2016) |
| 2016-10-14 | 32 | MOTION Pursuant To Fed.R.Civ.P. 59(e) by ALEXANDER OTIS MATTHEWS (zrdj) (Entered: 10/18/2016) |
| 2016-10-31 | 33 | Memorandum in opposition to re 32 MOTION Pursuant To Fed.R.Civ.P. 59(e) filed by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 10/31/2016) |
| 2016-11-10 | 34 | REPLY to opposition to motion re 32 MOTION Pursuant To Fed.R.Civ.P. 59(e) filed by ALEXANDER OTIS MATTHEWS. (zrdj) (Entered: 11/14/2016) |
| 2017-05-05 | 35 | MEMORANDUM OPINION AND ORDER: Upon consideration of Plaintiff's Motion for Reconsideration 32 , the motion is hereby DENIED. Matthews has failed to demonstrate that the Court erred in holding him ineligible for in forma pauperis status under 28 U.S.C. § 1915(g). Nonetheless, on the Court's own motion, it is ORDERED that the order dismissing the case 31 be VACATED and that the corresponding opinion, Matthews v. FBI , 211 F. Supp. 3d 148 (D.D.C. 2016), be MODIFIED in light of this opinion; FURTHER ORDERED that the order granting Matthews leave to proceed in forma pauperis 3 be VACATED and that his in forma pauperis status be REVOKED; and FURTHER ORDERED that Matthews pay the balance of the filing fee on or before June 5, 2017, or the Court will dismiss his case without prejudice. See opinion for details. Signed by Judge Randolph D. Moss on 5/5/2017. (lcrdm3, ) Modified on 5/8/2017 (kt). (Main Document 35 replaced on 5/8/2017) (zkt). (Entered: 05/05/2017) |
| 2017-06-12 | 36 | VACATED PURSUANT TO 1/30/2018 MEMORANDUM AND OPINION AND ORDER.....ORDER: Having not received Plaintiff's filing fee within the prescribed time, the Court, on its own motion, and for the reasons stated in the Court's Memorandum Opinion and Order 35 , hereby ORDERS that this action be DISMISSED without prejudice for failure to prosecute. See attached document. Signed by Judge Randolph D. Moss on 6/12/2017. (lcrdm3, ) Modified on 1/31/2018 (kt). (Entered: 06/12/2017) |
| 2017-06-26 | 37 | ORDER regarding late receipt of $400 filing fee. See document for details. Signed by Judge Randolph D. Moss on 6/26/2017. (lcrdm3, ) (Entered: 06/26/2017) |
| 2017-07-06 | 38 | MOTION for Extension of Time to Pay Filing Fee and Pleading Excusable Neglect by ALEXANDER OTIS MATTHEWS (td) (Entered: 07/07/2017) |
| 2017-07-13 | | MINUTE ORDER: The Court hereby ORDERS that Defendant shall file a response to Plaintiff's Motion for Extension of Time to Pay Filing Fee 38 on or before July 27, 2017. Signed by Judge Randolph D. Moss on 7/13/2017. (lcrdm3, ) (Entered: 07/13/2017) |
| 2017-07-14 | | Set/Reset Deadlines: Defendant's Response due by 7/27/2017. (kt) (Entered: 07/14/2017) |
| 2017-07-27 | 39 | Memorandum in opposition to re 38 MOTION for Extension of Time to filed by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 07/27/2017) |
| 2017-07-31 | 40 | MOTION for Extension of Time to Pay Filing Fee by ALEXANDER OTIS MATTHEWS; "Let it be filed" by Judge Randolph D. Moss (td) (Entered: 08/03/2017) |
| 2017-08-07 | 41 | REPLY to opposition to motion re 38 MOTION for Extension of Time to filed by ALEXANDER OTIS MATTHEWS. (td) (Entered: 08/10/2017) |
| 2017-10-18 | 42 | Notice Informing Court of Plaintiff's September 7th, 2017 RDAP Transfer by ALEXANDER OTIS MATTHEWS "LET IT BE FILED" by Judge Randolph D. Moss (zrdj) Modified on 10/23/2017 (zrdj). (Entered: 10/20/2017) |
| 2017-10-23 | 43 | NOTICE of Change of Address by ALEXANDER OTIS MATTHEWS (td) (Entered: 10/25/2017) |
| 2018-01-30 | 44 | MEMORANDUM OPINION AND ORDER: Upon consideration of Defendant Matthews's Motions for Extension of Time, Dkt. 38; Dkt. 40, it is hereby ORDERED that the relief sought in the motion docketed on July 31, 2017, Dkt. 40, is GRANTED, and the motion docketed by the Court on July 6, 2017, Dkt. 38, is DENIED as moot. It is further ORDERED that the Court's June 12, 2017 Order dismissing the case, Dkt. 36, is VACATED. It is further ORDERED that Matthews pay the balance of the filing fee on or before March 9, 2018, or the Court will dismiss the case without prejudice. The Clerk of Court is directed to mail a copy of this order to Defendant at his address of record. Signed by Judge Randolph D. Moss on 1/30/18. (lcrdm3, ) (Entered: 01/30/2018) |
| 2018-01-31 | | Set/Reset Deadlines: Plaintiff's balance of the filing fee due on or before 3/9/2018. (kt) (Entered: 01/31/2018) |
| 2018-02-15 | 45 | MOTION to take Judicial Notice by ALEXANDER OTIS MATTHEWS (td) (Entered: 02/21/2018) |
| 2018-02-21 | | Filing fee received: $ 400, receipt number: 4616089617. (td) (Entered: 02/28/2018) |
| 2018-03-01 | | MINUTE ORDER: In light the Clerk of the Court's receipt of the filing fee on February 21, 2018, it is hereby ORDERED that the following schedule shall govern further proceedings in this case: (1) Defendant may file a renewed motion for summary judgment on or before April 2, 2018; (2) Plaintiff shall file an opposition to any such motion, and may file a cross-motion for summary judgment, on or before May 14, 2018; (3) Defendant may file a combined reply and opposition on or before May 28, 2018; and (4) Plaintiff may file a reply in support of any cross-motion for summary judgment on or before June 25, 2018. It is further ORDERED that Plaintiff's Motion to take Judicial Notice 45 is hereby DENIED as premature. Plaintiff may raise any arguments contained within that motion, if appropriate, in the context of his opposition to the Defendant's renewed motion for summary judgment or in a cross-motion for summary judgment. Signed by Judge Randolph D. Moss on 3/1/18. (lcrdm3, ) (Entered: 03/01/2018) |
| 2018-03-02 | | Set/Reset Deadlines: Defendant's renewed motion for summary judgment due on or before 4/2/2018; Plaintiff's opposition and cross-motion for summary judgment, due on or before 5/14/2018; Defendant's combined reply and opposition due on or before 5/28/2018; Plaintiff's reply in support of any cross-motion for summary judgment due on or before 6/25/2018. (kt) (Entered: 03/02/2018) |
| 2018-03-27 | 46 | MOTION for Extension of Time to Extend Briefing Schedule by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 03/27/2018) |
| 2018-03-28 | | MINUTE ORDER: Upon consideration of Defendant's motion for extension of time 46 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the following schedule shall govern proceedings in this case: (1) Defendant's renewed motion for summary judgment shall be filed on or before May 2, 2018; (2) Plaintiff's opposition and any cross motion shall be filed on or before June 14, 2018; (3) Defendant's combined reply and opposition shall be filed on or before June 28, 2018; and (4) Plaintiffs reply in support of any cross-motion for summary judgment shall be filed on or before July 25, 2018. Signed by Judge Randolph D. Moss on 3/28/18. (lcrdm3, ) (Entered: 03/28/2018) |
| 2018-03-29 | | Set/Reset Deadlines: Defendant's renewed motion for summary judgment shall be filed on or before 5/2/2018; Plaintiff's opposition and any cross motion shall be filed on or before 6/14/2018; Defendant's combined reply and opposition shall be filed on or before 6/28/20182018; Plaintiffs reply in support of any cross-motion for summary judgment shall be filed on or before 7/25/2018. (kt) (Entered: 03/29/2018) |
| 2018-04-24 | 47 | MOTION for Extension of Time to for Briefing Schedule by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 04/24/2018) |
| 2018-04-24 | | MINUTE ORDER: Upon consideration of Defendant's motion for extension of time 47 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the following schedule shall govern proceedings in this case: (1) Defendant's renewed motion for summary judgment shall be filed on or before June 1, 2018; (2) Plaintiff's opposition and any cross motion shall be filed on or before July 13, 2018; (3) Defendant's combined reply and opposition shall be filed on or before July 27, 2018; and (4) Plaintiff's reply in support of any cross-motion for summary judgment shall be filed on or before August 17, 2018. Signed by Judge Randolph D. Moss on 4/24/18. (lcrdm3, ) (Entered: 04/24/2018) |
| 2018-04-25 | | Set/Reset Deadlines: Defendant's renewed motion for summary judgment shall be filed on or before 6/1/2018; Plaintiff's opposition and any cross motion shall be filed on or before 7/13/2018; Defendant's combined reply and opposition shall be filed on or before 7/27/2018; Plaintiff's reply in support of any cross-motion for summary judgment shall be filed on or before 8/17/2018. (kt) (Entered: 04/25/2018) |
| 2018-05-31 | 48 | MOTION for Extension of Time to File Defendant's Renewed Motion for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION (Haynes, Fred) (Entered: 05/31/2018) |
| 2018-06-05 | | MINUTE ORDER: Upon consideration of Defendant's Motion for Extension of Time 48 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the following schedule shall govern further proceedings in this case: Defendant shall file its renewed motion for summary judgment on or before July 2, 2018; Plaintiff's opposition and any cross-motion shall be filed on or before August 13, 2018; Defendant's combined reply and opposition shall be filed on or before August 27, 2018; and Plaintiff's reply in support of any cross-motion shall be filed on or before September 17, 2018. Signed by Judge Randolph D. Moss on 6/5/18. (lcrdm3, ) Modified on 6/5/2018 to correct typo (kt). (Entered: 06/05/2018) |
| 2018-06-05 | | Set/Reset Deadlines: Defendant shall file its renewed motion for summary judgment on or before 7/2/2018; Plaintiff's opposition and any cross-motion shall be filed on or before 8/13/2018; Defendant's combined reply and opposition shall be filed on or before 8/27/2018; Plaintiff's reply in support of any cross-motion shall be filed on or before 9/17/2018. (kt) (Entered: 06/05/2018) |
| 2018-06-07 | 49 | NOTICE of Appearance by Joshua L. Rogers on behalf of All Defendants (Rogers, Joshua) (Entered: 06/07/2018) |
| 2018-06-25 | 51 | MOTION for Default Judgment by ALEXANDER OTIS MATTHEWS "Leave to file GRANTED", Signed by Judge Randolph D. Moss on 6/25/18(zrdj) (Entered: 06/28/2018) |
| 2018-06-27 | 50 | MOTION for Extension of Time to File Motion for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 06/27/2018) |
| 2018-07-01 | | MINUTE ORDER: Upon consideration of Defendant's Motion for Extension of Time, Dkt. 50 , it is hereby ORDERED that the motion is GRANTED. Defendant shall file its renewed motion for summary judgment on or before August 16, 2018. It is further ORDERED that Plaintiff's Motion for Default Judgment, Dkt. 51 , is hereby DENIED. Repeatedly moving for extensions of time is not an appropriate basis for the entry of a default or default judgment. Given the four requests for additional time that have now been granted, however, the Court cautions that further extensions will be granted only upon a showing of extraordinary circumstances. Signed by Judge Randolph D. Moss on 7/1/18. (lcrdm3, ) (Entered: 07/01/2018) |
| 2018-07-02 | | Set/Reset Deadlines: Defendant's Renewed Motion for Summary Judgment due by 8/16/2018. (kt) (Entered: 07/02/2018) |
| 2018-07-09 | 52 | Memorandum in opposition to re 50 MOTION for Extension of Time to File Motion for Summary Judgment filed by ALEXANDER OTIS MATTHEWS. (tth) (Entered: 07/12/2018) |
| 2018-08-16 | 53 | MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order, # 4 Exhibit A, # 5 David Hardy Declaration (ECF No. 12-1), # 6 Dennis Argall Declaration (ECF No. 24-1))(Rogers, Joshua) (Entered: 08/16/2018) |
| 2018-08-17 | 54 | ORDER: It is hereby ORDERED that Plaintiff Matthews shall respond to Defendant's renewed motion for summary judgment 53 on or before September 13, 2018. See attached Order for details. Signed by Judge Randolph D. Moss on 8/17/2018. (lcrdm3, ) (Entered: 08/17/2018) |
| 2018-08-17 | | Set/Reset Deadlines: Plaintiff's Response to Renewed Motion for Summary Judgment due by 9/13/2018. (kt) (Entered: 08/17/2018) |
| 2018-08-24 | 55 | MOTION for Extension of Time to File Response/Reply re 53 Defendant's Motion for Summary Judgment as to ALEXANDER OTIS MATTHEWS. (ztl) (Entered: 08/28/2018) |
| 2018-08-29 | | MINUTE ORDER: Upon consideration of Plaintiff's motion for extension of time 55 , it is hereby ORDERED that the motion is GRANTED. Plaintiff shall file his opposition to Defendant's motion for summary judgment on or before October 15, 2018. Signed by Judge Randolph D. Moss on 8/29/2018. (lcrdm3, ) (Entered: 08/29/2018) |
| 2018-08-29 | | Set/Reset Deadlines: Plaintiff shall file his opposition to Defendant's motion for summary judgment on or before 10/15/2018. (kt) (Entered: 08/29/2018) |
| 2018-08-30 | 56 | NOTICE of Change of Address by ALEXANDER OTIS MATTHEWS. (ztl) (Entered: 09/11/2018) |
| 2018-09-21 | 57 | STATUS REPORT by ALEXANDER OTIS MATTHEWS. (ztl) (Entered: 09/25/2018) |
| 2018-09-26 | | MINUTE ORDER: Upon consideration of Plaintiff's status report 57 , the Court will extend time for Plaintiff to file his opposition to Defendant's motion for summary judgment. It is hereby ORDERED that Plaintiff shall file his opposition on or before October 29, 2018. It is further ORDERED that Defendant shall re-serve its motion for summary judgment. Signed by Judge Randolph D. Moss on 9/26/2018. (lcrdm3, ) Modified on 9/26/2018 to capitalize "Minute Order" (kt). (Entered: 09/26/2018) |
| 2018-09-26 | | Set/Reset Deadlines: Response to Motion for Summary Judgment due by 10/29/2018. (kt) (Entered: 09/26/2018) |
| 2018-10-31 | 58 | NOTICE of Error in Mailing by FEDERAL BUREAU OF INVESTIGATION (Rogers, Joshua) (Entered: 10/31/2018) |
| 2018-11-07 | 59 | Memorandum in opposition to re 53 MOTION for Summary Judgment filed by ALEXANDER OTIS MATTHEWS. (Attachments: # 1 Declaration, # 2 Exhibit A, # 3 Exhibit B)(ztd) (Entered: 11/15/2018) |
| 2018-11-21 | 60 | MOTION for Extension of Time to File Response/Reply by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 11/21/2018) |
| 2018-11-27 | | MINUTE ORDER: Upon consideration of Defendant's motion for extension of time 60 , it is hereby ORDERED that the motion is GRANTED. Defendant shall file its reply to Plaintiff's opposition to its motion for summary judgment on or before January 7, 2019. Signed by Judge Randolph D. Moss on 11/27/2018. (lcrdm3, ) (Entered: 11/27/2018) |
| 2018-11-28 | | Set/Reset Deadlines: Defendant shall file its reply to Plaintiff's opposition to its motion for summary judgment on or before 1/7/2019. (kt) (Entered: 11/28/2018) |
| 2019-01-03 | 61 | MOTION to Stay by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Coles-Huff, Doris) (Entered: 01/03/2019) |
| 2019-01-08 | | MINUTE ORDER: Upon consideration of the government's motion to stay all proceedings 61 , it is hereby ORDERED that the motion is GRANTED. This case shall be STAYED until further order of the Court. It is further ORDERED that the government shall file its reply within 7 days after Congress appropriates funding for the Department of Justice to resume work. Signed by Judge Randolph D. Moss on 1/8/2019. (lcrdm3, ) (Entered: 01/08/2019) |
| 2019-01-31 | | MINUTE ORDER: In light of the restoration of funding, this case is hereby UNSTAYED. It is further ORDERED that Defendant shall file its reply in support of its motion for summary judgment on or before February 4, 2019. Signed by Judge Randolph D. Moss on 1/31/2019. (lcrdm3, ) (Entered: 01/31/2019) |
| 2019-02-01 | | Set/Reset Deadlines: Defendant shall file its reply in support of its motion for summary judgment on or before 2/4/2019. (kt) (Entered: 02/01/2019) |
| 2019-02-04 | 62 | REPLY to opposition to motion re 24 MOTION for Summary Judgment filed by FEDERAL BUREAU OF INVESTIGATION. (Rogers, Joshua) (Entered: 02/04/2019) |
| 2019-03-06 | 63 | NOTICE OF SUBSTITUTION OF COUNSEL by Diana Viggiano Valdivia on behalf of All Defendants (Valdivia, Diana) (Entered: 03/06/2019) |
| 2019-03-31 | 64 | MEMORANDUM OPINION AND ORDER: Upon consideration of the FBI's motion for summary judgment 53 , the FBI's motion is GRANTED in part and DENIED in part. The motion is DENIED with respect to the FBI's FOIA waiver defense. Moreover, because the Court requires additional information to assess portions of the FBI's withholdings pursuant to FOIA Exemptions 6 and 7(D), the motion is DENIED with respect to those withholdings. In all other respects, however, the motion is GRANTED. It is further ORDERED that the FBI shall process and produce the non-exempt records related to Matthews's prosecution as soon as practicable. It is further ORDERED that the FBI shall file a status report with the Court on or before May 1, 2019, regarding the status of its productions. See document for details. Signed by Judge Randolph D. Moss on 3/31/2019. (lcrdm3, ) (Entered: 03/31/2019) |
| 2019-04-01 | | Set/Reset Deadlines: Defendant's Status Report due by 5/1/2019, regarding the status of its productions. (dot) (Entered: 04/01/2019) |
| 2019-04-18 | 65 | NOTICE of Change of Address by ALEXANDER OTIS MATTHEWS (ztd) (Entered: 04/23/2019) |
| 2019-05-01 | 66 | STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order)(Valdivia, Diana) (Entered: 05/01/2019) |
| 2019-05-01 | 67 | CERTIFICATE OF SERVICE by FEDERAL BUREAU OF INVESTIGATION re 66 Status Report . (Valdivia, Diana) (Entered: 05/01/2019) |
| 2019-05-03 | | MINUTE ORDER: Upon consideration of Defendant's status report 66 , it is hereby ORDERED that Defendant shall file a further status report that includes an estimated page count and proposed processing schedule on or before June 1, 2019. It is further ORDERED that Defendant shall file period status reports with the Court every 60 days thereafter until Defendant's document productions have concluded. Signed by Judge Randolph D. Moss on 5/3/2019. (lcrdm3, ) (Entered: 05/03/2019) |
| 2019-05-03 | | Set/Reset Deadlines: Defendant's Status Report due by 6/1/2019. (kt) (Entered: 05/03/2019) |
| 2019-05-31 | 68 | STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order)(Valdivia, Diana) (Entered: 05/31/2019) |
| 2019-06-04 | | MINUTE ORDER: In light of Defendant's status report 68 , it is hereby ORDERED that Defendant shall process approximately 500 pages potentially responsive documents per month and make monthly releases of any non-exempt records on the last day of each month, with the first release to be made on July 31, 2019. Signed by Judge Randolph D. Moss on 6/4/2019. (lcrdm3, ) (Entered: 06/04/2019) |
| 2019-06-06 | | Set/Reset Deadlines: Defendant shall process approximately 500 pages potentially responsive documents per month and make monthly releases of any non-exempt records on the last day of each month, with the first release to be made on 7/31/2019. (kt) (Entered: 06/06/2019) |
| 2019-07-30 | 69 | STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION. (Valdivia, Diana) (Entered: 07/30/2019) |
| 2019-08-05 | 70 | MOTION for Production of Document by ALEXANDER OTIS MATTHEWS. (tth) (Entered: 08/08/2019) |
| 2019-08-08 | | MINUTE ORDER: Upon consideration of Plaintiff's motion to compel production 70 , it is hereby ORDERED that the motion is DENIED as premature pending the finalization of the production process. Signed by Judge Randolph D. Moss on 8/8/2019. (lcrdm3, ) (Entered: 08/08/2019) |
| 2019-09-30 | 71 | STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION. (Valdivia, Diana) (Entered: 09/30/2019) |
| 2019-10-16 | 72 | MOTION for "In Camera" Production of Draft Plea Agreement by ALEXANDER OTIS MATTHEWS. (ztth) (Entered: 10/22/2019) |
| 2019-11-04 | 73 | MOTION to Modify the Court's June 4, 2019, Minute Order by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Valdivia, Diana) (Entered: 11/04/2019) |
| 2019-11-05 | 74 | Memorandum in opposition to re 72 MOTION for "In Camera" Production of Draft Plea Agreement filed by FEDERAL BUREAU OF INVESTIGATION. (Valdivia, Diana) (Entered: 11/05/2019) |
| 2019-11-06 | 75 | FOX/NEAL ORDER: Plaintiff is hereby ORDERED to respond to Defendants' Motion to Modify the Court's June 4, 2019, Minute Order, Dkt. 73 , on or before December 6, 2019. See document for details. Signed by Judge Randolph D. Moss on 11/6/19. (lcrdm3, ) (Main Document 75 replaced on 11/6/2019) (zkt). (Entered: 11/06/2019) |
| 2019-11-29 | 76 | STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION. (Valdivia, Diana) (Entered: 11/29/2019) |
| 2019-12-11 | 77 | Memorandum in opposition to re 72 MOTION for "In Camera" Production of Draft Plea Agreement, 73 MOTION to Modify the Court's June 4, 2019, Minute Order filed by ALEXANDER OTIS MATTHEWS. (ztd) (Entered: 12/12/2019) |
| 2019-12-19 | 78 | REPLY to opposition to motion re 73 MOTION to Modify the Court's June 4, 2019, Minute Order filed by FEDERAL BUREAU OF INVESTIGATION. (Valdivia, Diana) (Entered: 12/19/2019) |
| 2020-01-06 | | MINUTE ORDER: Upon consideration of the Defendant's motion to modify the Court's June 4, 2019 minute order, it is hereby ORDERED that the motion is GRANTED in part and DENIED in part. Plaintiff had failed to pay the processing fees related to his FOIA request until December 10, 2019. Accordingly, good cause exists to retroactively modify the Court's Minute Order with respect to the productions that had been scheduled for October 2019, November 2019, December 2019, and January 2020 and relieve the Defendant of any related productions. However, given that Plaintiff has now paid the processing fees, the Department is not absolved of its future production obligations. Accordingly, it is hereby ORDERED that the Defendant shall recommence making productions each month at the end of the month, beginning on February 28, 2020. Signed by Judge Randolph D. Moss on 1/6/20. (lcrdm3, ) (Entered: 01/06/2020) |
| 2020-01-28 | 79 | STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION. (Valdivia, Diana) (Entered: 01/28/2020) |
| 2020-03-26 | 80 | MOTION to Stay and Extend the Processing, Production, and Reporting Deadlines in Light of the COVID-19 Pandemics Effect on Federal Government Operations by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Declaration of Michael G. Seidel, # 2 Text of Proposed Order)(Valdivia, Diana). Added MOTION for Extension of Time on 3/26/2020 (ztd). (Entered: 03/26/2020) |
| 2020-03-31 | | MINUTE ORDER: Upon consideration of the Defendant's motion to stay 80 , it is hereby ORDERED that the motion is GRANTED. The case is STAYED until RIDS employees are permitted to resume their usual record processing functions. It is further ORDERED that Defendant shall file a status report detailing when RIDS is likely to return to work on or before April 27, 2020 and every 30 days thereafter. Signed by Judge Randolph D. Moss on 3/31/20. (lcrdm3, ) (Entered: 03/31/2020) |
| 2020-04-27 | 81 | STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Declaration of David M. Hardy)(Valdivia, Diana) (Entered: 04/27/2020) |
| 2020-05-27 | 82 | STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION. (Valdivia, Diana) (Entered: 05/27/2020) |
| 2020-06-26 | 83 | STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION. (Valdivia, Diana) (Entered: 06/26/2020) |
| 2020-07-27 | 84 | STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION. (Valdivia, Diana) (Entered: 07/27/2020) |
| 2020-08-26 | 85 | STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION. (Valdivia, Diana) (Entered: 08/26/2020) |
| 2020-08-27 | | MINUTE ORDER: Upon consideration of the Defendant's Status Report, Dkt. 85 , it is hereby ORDERED that the following briefing schedule shall govern the summary judgment proceedings in this case: (1) Defendant's motion for summary judgment shall be due on or before November 17, 2020; (2) Plaintiff's response to Defendant's motion for summary judgment shall be due on or before December 22, 2020; and (3) Defendant's reply to Plaintiff's response shall be due on or before January 12, 2021. Signed by Judge Randolph D. Moss on 08/27/2020. (lcrdm3) (Entered: 08/27/2020) |
| 2020-09-10 | 86 | MOTION to have the Court Exercise it Ancillary Jurisdiction/Ihnerent Authority Regarding Prosecutorial Misconduct Revealed during the proceeding by ALEXANDER OTIS MATTHEWS (ztd) (Entered: 09/22/2020) |
| 2020-10-06 | 87 | Memorandum in opposition to re 86 MOTION to have the Court Exercise it Ancillary Jurisdiction/Ihnerent Authority Regarding Prosecutorial Misconduct Revealed during the proceeding filed by FEDERAL BUREAU OF INVESTIGATION. (Valdivia, Diana) (Entered: 10/06/2020) |
| 2020-11-15 | 88 | MOTION for Extension of Time to File Motion for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Valdivia, Diana) (Entered: 11/15/2020) |
| 2020-11-20 | | MINUTE ORDER: Upon consideration of Defendant's Motion for Extension of Time, Dkt. 88 , it is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that Defendant's Motion for Summary Judgment shall be due on or before December 4, 2020. Signed by Judge Randolph D. Moss on 11/20/2020. (lcrdm3) (Entered: 11/20/2020) |
| 2020-12-04 | 89 | MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Memorandum in Support, # 2 Declaration of Michael Seidel, # 3 Declaration of Justin Wilkinson, # 4 Statement of Facts, # 5 Text of Proposed Order, # 6 Certificate of Service)(Valdivia, Diana) (Entered: 12/04/2020) |
| 2020-12-08 | 90 | FOX/NEAL ORDER: It is hereby ORDERED that Plaintiff may file his response to Defendant's Motion for Summary Judgment, Dkt. 89 , on or before January 8, 2021. See document for details. Signed by Judge Randolph D. Moss on 12/8/2020. (lcrdm3) (Entered: 12/08/2020) |
| 2021-03-30 | 91 | RESPONSE re 89 MOTION for Summary Judgment filed by ALEXANDER OTIS MATTHEWS. (ztd) (Main Document 91 replaced on 4/2/2021) (ztd). (Entered: 04/01/2021) |
| 2021-04-08 | 92 | REPLY to opposition to motion re 89 MOTION for Summary Judgment filed by FEDERAL BUREAU OF INVESTIGATION. (Valdivia, Diana) (Entered: 04/08/2021) |
| 2021-04-09 | | MINUTE ORDER: Upon the Court's own motion, and in light of the parties' completed briefing as to the pending motion for summary judgment, Dkt. 89 , it is hereby ORDERED that this case is UNSTAYED. Signed by Judge Randolph D. Moss on 4/9/2021. (lcrdm3) (Entered: 04/09/2021) |
| 2021-07-07 | 93 | MEMORANDUM OPINION AND ORDER: For the reasons stated herein, it is hereby ORDERED that Plaintiff's Motion to Have the Court Exercise its Ancillary Jurisdiction/Inherent Authority Regarding Prosecutorial Misconduct Revealed During the Proceeding, Dkt. 86 , is DENIED. It is further ORDERED that Plaintiff's Motion for In Camera Production of the Draft Plea Agreement, Dkt. 72 , is DENIED. Signed by Judge Randolph D. Moss on 7/7/2021. (lcrdm3) (Entered: 07/07/2021) |
| 2021-12-09 | 94 | MEMORANDUM OPINION AND ORDER: For the reasons given in the attached Memorandum Opinion and Order, the FBI's motion for summary judgment, Dkt. 89 , is GRANTED in part and DENIED in part. The motion is DENIED with respect the FBI's withholdings of the names and phone numbers of the AUSA and probation office employee associated with Matthews's criminal prosecution, along with the victim impact statement related to that same prosecution. The motion is also DENIED with respect to the FBI's withholdings in its July 2019, August 2019, and September 2019 releases, given that the FBI may not rely on the sole argument it made to justify those withholdings-- i.e. , exhaustion. In all other respects, however, the motion is GRANTED. See document for details. Signed by Judge Randolph D. Moss on 12/9/2021. (lcrdm3) (Entered: 12/09/2021) |
| 2022-08-01 | 95 | NOTICE OF SUBSTITUTION OF COUNSEL by Douglas C. Dreier on behalf of FEDERAL BUREAU OF INVESTIGATION Substituting for attorney Diana V. Valdivia (Dreier, Douglas) (Entered: 08/01/2022) |
| 2022-11-21 | 96 | STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Dreier, Douglas) (Entered: 11/21/2022) |
| 2022-11-21 | | MINUTE ORDER: In light of Defendant's status report, Dkt. 96 , it is hereby ORDERED that Plaintiff shall provide a notice to the Court on or before December 5, 2022, indicating whether, in light of Defendant's supplemental production, that there are any remaining disputes in this action and, if so, whether he wants to continue to pursue this case. Plaintiff is cautioned that, if he does not file a notice with the Court by that date, the Court will assume that there are no remaining disputes in this case and will, accordingly, dismiss the case for failure to prosecute. Signed by Judge Randolph D. Moss on 11/21/2022. (lcrdm3) (Entered: 11/21/2022) |
| 2023-07-05 | 97 | MEMORANDUM OPINION: For the reasons explained herein, the Court will DISMISS this action for failure to prosecute. A separate order will issue. See document for details. Signed by Judge Randolph D. Moss on 7/5/2023. (lcrdm3) (Entered: 07/05/2023) |
| 2023-07-05 | 98 | ORDER: For the reasons explained in the Court's memorandum opinion, Dkt. 97 , it is hereby ORDERED that this case is DISMISSED without prejudice and that judgment is hereby ENTERED in favor of Defendant. This Order constitutes the final judgment of the Court within the meaning of Rule 58(a) of the Federal Rules of Civil Procedure. The Deputy Clerk of Court is directed to terminate the case. Signed by Judge Randolph D. Moss on 7/5/2023. (lcrdm3) (Entered: 07/05/2023) |
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