| Date Filed | Doc # | Docket Text |
|
| 2018-05-28 | 1 | COMPLAINT against Executive Office of United States Attorneys filed by Michael Berk. Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Van Cleave, Chad) (Entered: 05/28/2018) |
| 2018-05-28 | 4 | New Case Notes: A filing fee has not been paid. CASREF case referral set and case referred to Magistrate Judge Toliver (see Special Order 3). Case received over counter/electronically. No prior sanctions found. (For court use only - links to the national and circuit indexes.) Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Toliver). Clerk to provide copy to plaintiff if not received electronically. (svc) (Entered: 05/29/2018) |
| 2018-05-29 | 2 | CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Michael Berk. (Van Cleave, Chad) (Entered: 05/29/2018) |
| 2018-05-29 | 3 | ADDITIONAL ATTACHMENTS to 1 Complaint,,, by Plaintiff Michael Berk. (Van Cleave, Chad) (Entered: 05/29/2018) |
| 2018-06-06 | 5 | NOTICE OF DEFICIENCY AND ORDER: Michael Berk must address the following deficiency: Plaintiff has not paid the $400.00 filing fee ($350.00 filing fee and $50.00 administrative fee) or submitted a proper request to proceed in forma pauperis, along with a certified statement of the balance in his inmate trust account. Failure to comply with this order may lead to dismissal for failure to prosecute pursuant to FRCvP 41(b). Deadline to cure the deficiency is 7/5/2018. (Ordered by Magistrate Judge Renee Harris Toliver on 6/6/2018) (Attachments: # 1 Additional Page(s)) (ran) (Entered: 06/06/2018) |
| 2018-06-26 | 6 | MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Michael Berk (Van Cleave, Chad) (Entered: 06/26/2018) |
| 2018-07-12 | 7 | Order granting Motion to Proceed In Forma Pauperis and assessing a partial filing fee in the amount of $54.00 with a balance of $296.00 remaining. Clerk to mail this order to the attention of the Inmate Trust Fund Department at the facility where the inmate resides. (Ordered by Magistrate Judge Renee Harris Toliver on 7/12/2018) (chmb) (Entered: 07/12/2018) |
| 2018-07-13 | 8 | ORDER ISSUING PROCESS: The Clerk of the Court is now directed to issue summons for the defendant named below and deliver the summons and a copy of the complaint to the U.S. Marshal. (Ordered by Magistrate Judge Renee Harris Toliver on 7/13/2018) (ndt) (Entered: 07/13/2018) |
| 2018-07-13 | 9 | Summons issued as to Executive Office of United States Attorneys, U.S. Attorney, and U.S. Attorney General. (Attachments: # 1 Additional Page(s)) (ndt) (Entered: 07/13/2018) |
| 2018-07-16 | 10 | Business Reply Card signed by USMS; re 8 Order. Signed on 7/16/2018. (ndt) (Entered: 07/17/2018) |
| 2018-08-07 | 11 | NOTICE of Attorney Appearance by Lisa Robin Hasday-DOJ on behalf of Executive Office of United States Attorneys. (Filer confirms contact info in ECF is current.) (Hasday-DOJ, Lisa) (Entered: 08/07/2018) |
| 2018-08-07 | 12 | ORDER: The above-captioned cases are CONSOLIDATED. All future pleadings, motions, and other papers in these cases shall be filed under case number 3:18-cv 1349-M-BK. (Ordered by Chief Judge Barbara M.G. Lynn on 8/7/2018) (sss) (Entered: 08/08/2018) |
| 2018-08-14 | 13 | SUMMONS Returned Executed as to US Department of Justice, Federal Bureau of Prisons; served on 7/13/2018. (zkc) (Entered: 08/14/2018) |
| 2018-08-14 | 14 | SUMMONS Returned Executed as to Executive Office of United States Attorneys-US Attorney ND; served on 7/27/2018. (ykp) (Entered: 08/15/2018) |
| 2018-08-14 | 15 | SUMMONS Returned Executed as to Executive Office of United States Attorneys -FOIA Privacy Unit; served on 7/30/2018. (ykp) (Entered: 08/15/2018) |
| 2018-08-14 | 16 | SUMMONS Returned Executed as to Executive Office of United States Attorneys- Attorney General served on 7/30/2018. (ykp) (Entered: 08/15/2018) |
| 2018-08-14 | 17 | ANSWER to Complaint filed by US Department of Justice, Federal Bureau of Prisons. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorney Lisa Robin Hasday-DOJ added to party US Department of Justice, Federal Bureau of Prisons(pty:condft). (rekc) (Entered: 08/15/2018) |
| 2018-08-15 | 18 | CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by US Department of Justice, Federal Bureau of Prisons. (rekc) (Entered: 08/15/2018) |
| 2018-08-23 | 19 | ORDER ISSUING PROCESS: The Clerk of the Court is now directed to issue summons for the defendant named below and deliver the summons and a copy of the complaint in Case No. 3:18-CV-1350-M-BK to the U.S. Marshal: Office of the General Counsel U.S. Department of Homeland Security. (Ordered by Magistrate Judge Renee Harris Toliver on 8/23/2018) (zkc) (Entered: 08/23/2018) |
| 2018-08-23 | 20 | Summons issued as to Department of Homeland Security, U.S. Attorney, and U.S. Attorney General. (zkc) (Entered: 08/23/2018) |
| 2018-08-23 | 21 | Business Reply Card signed by USMS; re 19 Order, 20 Summons Issued, Complaint (3:18-cv-1350), 4 Consent Form. Signed on 8/23/2018. (zkc) (Main Document 21 replaced on 8/24/2018) (zkc). (Entered: 08/23/2018) |
| 2018-08-27 | 22 | ANSWER to 1 Complaint filed by Executive Office of United States Attorneys. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Hasday-DOJ, Lisa) (Entered: 08/27/2018) |
| 2018-08-27 | 23 | CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Executive Office of United States Attorneys. (Hasday-DOJ, Lisa) (Entered: 08/27/2018) |
| 2018-09-10 | 24 | NOTICE of Attorney Appearance by Lisa Robin Hasday-DOJ on behalf of United States Department of Homeland Security. (Filer confirms contact info in ECF is current.) (Hasday-DOJ, Lisa) (Entered: 09/10/2018) |
| 2018-10-01 | 25 | SUMMONS Returned Executed as to United States Department of Homeland Security, served on 9/6/2018; US Attorney, served on 9/5/2018; Attorney General, served on 9/7/2018. (rekc) (Entered: 10/02/2018) |
| 2018-10-04 | 26 | Unopposed Motion for Extension of Time to File Answer or Otherwise Plead filed by United States Department of Homeland Security (Hasday-DOJ, Lisa) (Entered: 10/04/2018) |
| 2018-10-05 | 27 | ELECTRONIC ORDER GRANTING Doc. 26 Motion for Extension of Time to File Answer. United States Department of Homeland Security's answer or other responsive pleading is due by 11/5/2018. (Ordered by Magistrate Judge Renee Harris Toliver on 10/5/2018) (chmb) (Entered: 10/05/2018) |
| 2018-11-01 | 28 | Unopposed Motion for Extension of Time to File Answer or Otherwise Plead filed by United States Department of Homeland Security (Hasday-DOJ, Lisa) (Entered: 11/01/2018) |
| 2018-11-02 | 29 | ELECTRONIC ORDER GRANTING Doc. 28 Defendant DHS Second Unopposed Motion for Extension of Time to Answer or Otherwise Plead . United States Department of Homeland Security's answer or other responsive pleading is due by December 5, 2018 . (Ordered by Magistrate Judge Renee Harris Toliver on 11/2/2018) (chmb) (Entered: 11/02/2018) |
| 2018-12-04 | 30 | ANSWER to Complaint filed by United States Department of Homeland Security. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Hasday-DOJ, Lisa) (Entered: 12/04/2018) |
| 2018-12-04 | 31 | CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by United States Department of Homeland Security. (Hasday-DOJ, Lisa) (Main Document 31 replaced to flatten image on 12/6/2018) (dsr). (Entered: 12/04/2018) |
| 2018-12-13 | 32 | Order for Scheduling Order Proposal: Proposed Scheduling Order due by 1/10/2019. (Ordered by Magistrate Judge Renee Harris Toliver on 12/13/2018) (axm) (Entered: 12/14/2018) |
| 2018-12-13 | 33 | Notice of Option to Consent to Proceed Before the Magistrate Judge. If appropriate, party(ies) should return the signed consent form to the clerk. (Ordered by Magistrate Judge Renee Harris Toliver on 12/13/2018) (axm) (Entered: 12/14/2018) |
| 2018-12-17 | 34 | MOTION Waiver of Filing Fee filed by Michael Berk (Attachments: # 1 Proposed Order Proposed Order) (Van Cleave, Chad) (Entered: 12/17/2018) |
| 2018-12-17 | 35 | Agreed MOTION for Extension of Time to File Proposed Schedules filed by Michael Berk (Attachments: # 1 Proposed Order Proposed Order) (Van Cleave, Chad) (Entered: 12/17/2018) |
| 2018-12-17 | 36 | MOTION for Waiver of In-Person Meeting Requirement filed by Michael Berk (Attachments: # 1 Proposed Order Proposed Order) (Van Cleave, Chad) Modified text on 12/18/2018 (rekc). (Entered: 12/17/2018) |
| 2018-12-19 | 37 | ORDER denying 34 Motion Waiver of Filing Fees. (Ordered by Magistrate Judge Renee Harris Toliver on 12/19/2018) (mcrd) (Entered: 12/19/2018) |
| 2018-12-19 | 38 | ELECTRONIC ORDER GRANTING Doc. 35 Parties' Agreed Motion for Extension of Time to File Scheduling Proposal . The proposed scheduling order is now due by 2/8/2019 . (Ordered by Magistrate Judge Renee Harris Toliver on 12/19/2018) (chmb) Modified on 1/7/2019 (chmb). (Entered: 12/19/2018) |
| 2018-12-19 | 39 | ELECTRONIC ORDER GRANTING Doc. 36 Parties' Agreed Motion for Waiver of In-Person Meeting Requirement . (Ordered by Magistrate Judge Renee Harris Toliver on 12/19/2018) (chmb) (Entered: 12/19/2018) |
| 2018-12-28 | 40 | Order Granting Government's Omnibus Motion for Stay of Cases in Light of Lapse of Appropriations (Ordered by Chief Judge Barbara M.G. Lynn on 12/28/2018) (Attachments: # 1 Government's Omnibus Motion for Stay) (lrl) (Entered: 12/28/2018) |
| 2019-01-28 | 41 | ORDER GRANTING GOVERNMENT'S OMNIBUS MOTION FOR LIFT OF STAY: Unless otherwise directed by the United States District Judge presiding in a particular case, all deadlines that had not expired on or before December 21, 2018 in a case covered by the stay order are extended for 34 days (i.e., the duration of the lapse in appropriations for the Department of Justice). (Ordered by Chief Judge Barbara M.G. Lynn on 1/26/2019) (Attachments: # 1 Additional Page(s) Omnibus Motion to Lift Stay) (ctf) (Entered: 01/28/2019) |
| 2019-03-08 | 42 | Proposal for contents of scheduling and discovery order by Executive Office of United States Attorneys, US Department of Justice, Federal Bureau of Prisons, United States Department of Homeland Security. (Hasday-DOJ, Lisa) (Entered: 03/08/2019) |
| 2019-03-12 | 43 | SCHEDULING ORDER: Joinder of Parties due by 6/14/2019. Amended Pleadings due by 6/14/2019. Discovery due by 8/1/2019. Deadline for mediation is on or before 8/15/2019. Status Report due by 8/22/2019. Motions due by 8/29/2019. (Ordered by Magistrate Judge Renee Harris Toliver on 3/12/2019) (mla) (Entered: 03/12/2019) |
| 2019-06-11 | 44 | MOTION for Protective Order to Stay Discovery filed by Executive Office of United States Attorneys, US Department of Justice, Federal Bureau of Prisons, United States Department of Homeland Security with Brief/Memorandum in Support. (Hasday-DOJ, Lisa) (Entered: 06/11/2019) |
| 2019-06-11 | 45 | Appendix in Support filed by Executive Office of United States Attorneys, US Department of Justice, Federal Bureau of Prisons, United States Department of Homeland Security re 44 MOTION for Protective Order to Stay Discovery (Hasday-DOJ, Lisa) (Entered: 06/11/2019) |
| 2019-07-29 | 46 | ELECTRONIC ORDER: On June 11, 2019, Defendants filed a Motion for a Protective Order to Stay Discovery , Doc. 44 . Defendants request a stay of discovery until after they have moved for, and received a ruling on, their impending motions for summary judgment. Plaintiff did not file any opposition in response. Accordingly, Defendants' Motion for a Protective Order is GRANTED. Discovery is stayed pending the Court's resolution of the anticipated dispositive motions. Ordered by Magistrate Judge Renee Harris Toliver on 7/29/2019) (chmb) (Entered: 07/29/2019) |
| 2019-08-09 | 47 | Joint MOTION to Continue Remaining Deadlines filed by Executive Office of United States Attorneys, US Department of Justice, Federal Bureau of Prisons, United States Department of Homeland Security (Hasday-DOJ, Lisa) (Entered: 08/09/2019) |
| 2019-08-12 | 48 | ELECTRONIC ORDER GRANTING Doc. 47 Joint Motion to Continue Remaining Deadlines . The deadline for mediation is on or before October 15, 2019 . If the parties do not reach a resolution on their own, they may request that the Court refer them to a magistrate judge for a settlement conference before the mediation deadline. The parties' Joint Estimate of Trial Length and Joint Status Report Concerning the Progress of Settlement Negotiations is due on or before October 21, 2019 . Dispositive Motions and Motions not otherwise covered are due on or before October 28, 2019 . (Ordered by Magistrate Judge Renee Harris Toliver on 8/12/2019) (chmb) (Entered: 08/12/2019) |
| 2019-09-26 | 49 | Joint Request for Settlement Conference Before a Magistrate Judge filed by Executive Office of United States Attorneys, US Department of Justice, Federal Bureau of Prisons, United States Department of Homeland Security (Hasday-DOJ, Lisa) Modified text on 9/27/2019 (axm). (Entered: 09/26/2019) |
| 2019-10-01 | 50 | ORDER REFERRING CASE to Magistrate Judge Irma Carrillo Ramirez for settlement conference. (Ordered by Magistrate Judge Renee Harris Toliver on 10/1/2019) (rekc) (Entered: 10/02/2019) |
| 2019-10-02 | 51 | ORDER: The settlement conference is scheduled for Tuesday, 10/15/2019 01:30 PM in US Courthouse, Courtroom 1566, 1100 Commerce St., Dallas, TX 75242-1310 before Magistrate Judge Irma Carrillo Ramirez. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 10/2/2019) (ykp) (Entered: 10/02/2019) |
| 2019-10-02 | 52 | Writ of Habeas Corpus ad Testificandum Issued for 10/15/2019 as to Michael A. Berk. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 10/2/2019) (ykp) (Main Document 52 replaced on 10/2/2019) (ykp). 2 certified copies delivered to USMS and 1 mailed to Warden. (Entered: 10/02/2019) |
| 2019-10-15 | 53 | ELECTRONIC Minute Entry for proceedings held before Magistrate Judge Irma Carrillo Ramirez: Settlement Conference held on 10/15/2019. Settlement discussions continued. Parties will need 30 days to obtain and exchange additional information and will also need a stay or continuance of pending deadlines. Attorney Appearances: Plaintiff - Chad Phillip Van Cleave; Defense - Lisa Robin Hasday, Brian Stoltz. Participants Present: Plaintiff - Michael Berk; Defense: Joe Tang, Sonya Cole. (Court Reporter: Not Recorded) (No exhibits) Time in Court - 2:25. (mcrd) (Entered: 10/16/2019) |
| 2019-10-18 | 54 | ELECTRONIC ORDER: Pursuant to the parties' request during the settlement conference held on October 15, 2019, the Court hereby STAYS all pending deadlines until December 17, 2019 . The parties are DIRECTED to file a status report on or before that date to advise the Court of their progress. (Ordered by Magistrate Judge Renee Harris Toliver on 10/18/2019) (chmb) (Entered: 10/18/2019) |
| 2019-12-17 | 55 | STATUS REPORT filed by Executive Office of United States Attorneys, US Department of Justice, Federal Bureau of Prisons, United States Department of Homeland Security. (Hasday-DOJ, Lisa) (Entered: 12/17/2019) |
| 2019-12-17 | 56 | STATUS REPORT filed by Michael Berk. (Van Cleave, Chad) (Entered: 12/17/2019) |
| 2019-12-20 | 57 | ELECTRONIC ORDER: The Court is in receipt of the parties' Status Reports . Upon consideration of the representations therein, motions for summary judgment are due by March 31, 2020 . (Ordered by Magistrate Judge Renee Harris Toliver on 12/20/2019) (chmb) (Entered: 12/20/2019) |
| 2019-12-31 | 58 | MOTION for Attorney Fees filed by Michael Berk (Attachments: # 1 Exhibit(s) EXHIBIT 1) (Van Cleave, Chad) (Entered: 12/31/2019) |
| 2020-01-21 | 59 | RESPONSE filed by Executive Office of United States Attorneys, US Department of Justice, Federal Bureau of Prisons, United States Department of Homeland Security re: 58 MOTION for Attorney Fees (Hasday-DOJ, Lisa) (Entered: 01/21/2020) |
| 2020-01-21 | 60 | Appendix in Support filed by Executive Office of United States Attorneys, US Department of Justice, Federal Bureau of Prisons, United States Department of Homeland Security re 59 Response/Objection (Hasday-DOJ, Lisa) (Entered: 01/21/2020) |
| 2020-02-10 | 61 | MOTION for Extension of Time to File Response/Reply to 59 Response/Objection filed by Michael Berk (Van Cleave, Chad) (Entered: 02/10/2020) |
| 2020-02-12 | 62 | ELECTRONIC ORDER GRANTING Doc. 61 . Plaintiff's reply in support of his Motion for Attorney's Fees is due by February 21, 2020 . (Ordered by Magistrate Judge Renee Harris Toliver on 2/12/2020) (chmb) (Entered: 02/12/2020) |
| 2020-02-20 | 63 | MOTION for Extension of Time to File Response/Reply to 59 Response/Objection filed by Michael Berk (Van Cleave, Chad) (Entered: 02/20/2020) |
| 2020-02-21 | 64 | ELECTRONIC ORDER GRANTING Doc. 63 Defendant's Agreed Motion for Extension of Time to Respond to Government's Opposition to Attorney's Fee Motion. Defendant's response is due by 3/20/2020 . (Ordered by Magistrate Judge Renee Harris Toliver on 2/21/2020) (chmb) (Entered: 02/21/2020) |
| 2020-03-13 | 65 | Sur-reply filed by Michael Berk re: 58 MOTION for Attorney Fees (Van Cleave, Chad) (Entered: 03/13/2020) |
| 2020-03-30 | 66 | MOTION for Partial Summary Judgment filed by Michael Berk with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s)) (Van Cleave, Chad) (Entered: 03/30/2020) |
| 2020-03-31 | 67 | MOTION for Summary Judgment filed by Executive Office of United States Attorneys, US Department of Justice, Federal Bureau of Prisons, United States Department of Homeland Security (Hasday-DOJ, Lisa) (Entered: 03/31/2020) |
| 2020-03-31 | 68 | Brief/Memorandum in Support filed by Executive Office of United States Attorneys, US Department of Justice, Federal Bureau of Prisons, United States Department of Homeland Security re 67 MOTION for Summary Judgment (Hasday-DOJ, Lisa) (Entered: 03/31/2020) |
| 2020-03-31 | 69 | (Document Restricted) Defendants' Unopposed Motion for Leave to File Under Seal Their Appendix in Support of Their Motion for Summary Judgment (Sealed pursuant to motion to seal) filed by Executive Office of United States Attorneys, US Department of Justice, Federal Bureau of Prisons, United States Department of Homeland Security (Attachments: # 1 Appendix (Part 1 of 5), # 2 Appendix (Part 2 of 5), # 3 Appendix (Part 3 of 5), # 4 Appendix (Part 4 of 5), # 5 Appendix (Part 5 of 5)) (Hasday-DOJ, Lisa) (Entered: 03/31/2020) |
| 2020-04-02 | 70 | ELECTRONIC ORDER granting in part Doc. 58 Plaintiff's Motion for Interim Attorney's Fees Award or, in the Alternative, for Leave to Withdraw as Counsel . Upon consideration, Plaintiff's counsel's request to withdraw is GRANTED . Accordingly, Chad P. Van Cleave is TERMINATED as counsel of record in this case. Plaintiff's request for appointment of counsel is DENIED WITHOUT PREJUDICE to him filing an appropriate motion addressing the factors set forth in Naranjo v. Thompson , 809 F.3d 793, 799 (5th Cir. 2015) (factors include the type and complexity of the case; whether the pro se plaintiff is capable of presenting his case adequately; whether the plaintiff is in a position to adequately investigate his case; and whether the evidence will largely consist of conflicting testimony requiring skill in the presentation of evidence and in cross examination). Counsel is DIRECTED to send a copy of this order to his client within seven days of the date of this order. (Ordered by Magistrate Judge Renee Harris Toliver on 4/2/2020) (chmb) (Entered: 04/02/2020) |
| 2020-04-20 | 71 | RESPONSE filed by Executive Office of United States Attorneys re: 66 MOTION for Partial Summary Judgment (Hasday-DOJ, Lisa) (Entered: 04/20/2020) |
| 2020-04-20 | 72 | Brief/Memorandum in Support filed by Executive Office of United States Attorneys re 71 Response/Objection (Hasday-DOJ, Lisa) (Entered: 04/20/2020) |
| 2020-04-21 | 73 | ELECTRONIC ORDER: Defendants' Unopposed Motion for Leave to File Under Seal Their Appendix in Support of Motion for Summary Judgment , Doc. 69 is GRANTED . (Clerk to enter the sealed and/or ex parte document as of the date of this order.) (Ordered by Magistrate Judge Renee Harris Toliver on 4/21/2020) (chmb) (Entered: 04/21/2020) |
| 2020-04-21 | 74 | (Document Restricted) Sealed Appendix in Support re: 67 Motion for Summary Judgment filed by Executive Office of United States Attorneys, US Department of Justice, Federal Bureau of Prisons, United States Department of Homeland Security. (Attachments: # 1 Appendix 2, # 2 Appendix 3, # 3 Appendix 4, # 4 Appendix 5) (mla) (Entered: 04/22/2020) |
| 2020-07-21 | 75 | Plaintiff's Renewed Motion for Pro Bono Counsel filed by Michael Berk (ykp) (Entered: 07/22/2020) |
| 2020-08-11 | 76 | RESPONSE filed by Executive Office of United States Attorneys, US Department of Justice, Federal Bureau of Prisons, United States Department of Homeland Security re: 75 MOTION to Appoint Counsel (Attachments: # 1 Exhibit(s) Declaration of Joe Tang) (Hasday-DOJ, Lisa) (Entered: 08/11/2020) |
| 2020-08-11 | 77 | Letter MOTION for Assignation of Pro Bono Counsel filed by Michael Berk. (oyh) (Entered: 08/11/2020) |
| 2020-08-13 | 78 | ELECTRONIC ORDER: Before the Court are Plaintiff's Renewed Motion for Pro Bono Counsel , Doc. 75 , and Letter Motion for Assignation of Pro Bono Counsel , Doc. 77 , both seeking the appointment of counsel in this run-of-the-mill case contesting Defendants' refusal to provide certain information pursuant to Plaintiff's requests under the Freedom of Information Act. Upon review, Plaintiff's motions for appointment of counsel are DENIED for the reasons stated in Defendants' response, Doc. 76 . Additionally, a review of the docket entries reveals that Plaintiff did not respond to Defendants' motion for summary judgment by the April 21, 2020 deadline. See N.D. Tex. L. Civ. R. 7.1(e) (establishing a 21-day deadline for responding to any opposed motion). However, in the interest of justice, the deadline for Plaintiff's response to Defendants' motion for summary judgment and brief, Docs. 67 & 68 , is extended to October 12, 2020 . Finally, Plaintiff is admonished that although he is proceeding without the assistance of counsel, he nevertheless must comply with all established rules of practice and procedure. Birl v. Estelle , 660 F.2d 592, 593 (5th Cir. 1981). Failure to do so or to comply with this or any other order of the Court may result in the dismissal of the case. (Ordered by Magistrate Judge Renée Harris Toliver on 8/13/2020) (Magistrate Judge Renée Harris Toliver) (Entered: 08/13/2020) |
| 2020-08-20 | 79 | REPLY filed by Michael Berk re: 75 MOTION to Appoint Counsel. (oyh) (Entered: 08/21/2020) |
| 2020-10-16 | 80 | MOTION for Extension of Time to File Response/Reply to 68 Brief/Memorandum in Support of Motion, 67 MOTION for Summary Judgment filed by Michael Berk. (hml) (Entered: 10/16/2020) |
| 2020-10-19 | 81 | ELECTRONIC ORDER granting Doc. 80 , Plaintiff's Motion for Extension of Time . Plaintiff's response to Defendants' summary judgment motion is due by 10/22/2020 . (Ordered by Magistrate Judge Renee Harris Toliver on 10/19/2020) (chmb) (Entered: 10/19/2020) |
| 2020-10-20 | | ***Clerk's Notice of delivery: (see NEF for details) Docket No:81. Tue Oct 20 09:21:59 CDT 2020 (crt) (Entered: 10/20/2020) |
| 2020-10-27 | 82 | MOTION for Extension of Time to File Response/Reply to 67 MOTION for Summary Judgment filed by Michael Berk. (jmg) (Entered: 10/28/2020) |
| 2020-10-29 | 83 | ELECTRONIC ORDER: Plaintiff's Second Request for Extension of Time , Doc. 82 , is GRANTED . Plaintiff's response to Defendants' summary judgment motions is now due by October 29, 2020. No further extensions will be permitted in the absence of good cause shown. (Ordered by Magistrate Judge Renee Harris Toliver on 10/29/2020) (chmb) (Entered: 10/29/2020) |
| 2020-10-30 | | ***Clerk's Notice of delivery: (see NEF for details) Docket No:83. Fri Oct 30 08:11:03 CDT 2020 (crt) (Entered: 10/30/2020) |
| 2020-11-24 | 84 | MOTION to Appoint Counsel, MOTION for Extension of Time to File Response/Reply to 67 MOTION for Summary Judgment filed by Michael Berk. (hml) (Entered: 11/25/2020) |
| 2020-11-30 | 85 | ELECTRONIC ORDER: This motion constitutes at least Plaintiff's fourth request for the appointment of counsel and his third motion for an extension to respond to Defendants' summary judgment motions -- the latter of which comes after the Court sua sponte permitted a two-month extension in August. In the Court's last order, Plaintiff was advised that no further extensions would be granted absent good cause. Plaintiff's current motion adds nothing new to the equation. Accordingly, Plaintiff's Renewed Motion for the Assistance of the Court in Arranging for Counsel or, Alternatively, Motion for Extension of Time , Doc. 84 , is DENIED . (Ordered by Magistrate Judge Renee Harris Toliver on 11/30/2020) (chmb) (Entered: 11/30/2020) |
| 2020-11-30 | | ***Clerk's Notice of delivery: (see NEF for details) Docket No:. NEF of document 85 Mon Nov 30 15:07:17 CST 2020 (crt) (Entered: 11/30/2020) |
| 2020-12-18 | 86 | MOTION for Judicial Review of Decision of Magistrate Judge re 85 Order on Motion to Appoint Counsel. Order on Motion to Extend Time to File Response/Reply, filed by Michael Berk. (hml) (Entered: 12/21/2020) |
| 2020-12-18 | 87 | Brief/Memorandum in Support filed by Michael Berk re 86 MOTION for Reconsideration. (hml) (Entered: 12/21/2020) |
| 2021-01-06 | 88 | MOTION for Leave to File Response to Motion for Summary Judgment filed by Michael Berk. (Attachments: # 1 Response, # 2 Brief in Support, # 3 Additional Page(s), # 4 Additional Page(s), # 5 Additional Page(s), # 6 Additional Page(s)) (oyh) (Entered: 01/07/2021) |
| 2021-01-08 | 89 | MOTION for Change of Venue filed by Michael Berk. (jmg) (Entered: 01/08/2021) |
| 2021-01-08 | 90 | RESPONSE filed by Executive Office of United States Attorneys, US Department of Justice, Federal Bureau of Prisons, United States Department of Homeland Security re: 86 MOTION for Judicial Review of Decision of Magistrate Judge. (Hasday-DOJ, Lisa) Modified docket text on 1/11/2021 (oyh). (Entered: 01/08/2021) |
| 2021-01-12 | 91 | ORDER denying 86 Motion for Judicial Review of Decision of Magistrate Judge. (Ordered by Chief Judge Barbara M. G. Lynn on 1/12/2021) (oyh) (Entered: 01/12/2021) |
| 2021-01-12 | | ***Clerk's Notice of delivery: (see NEF for details) Docket No:91. Tue Jan 12 12:51:50 CST 2021 (crt) (Entered: 01/12/2021) |
| 2021-01-25 | 93 | REPLY filed by Michael Berk re: 86 MOTION for Judicial Review of Decision of Magistrate Judge. (jmg) (Entered: 01/26/2021) |
| 2021-01-25 | 94 | MOTION for Consideration of Evidence in Support of Plaintiff's Reply filed by Michael Berk. (jmg) (Entered: 01/26/2021) |
| 2021-01-26 | 92 | RESPONSE filed by Executive Office of United States Attorneys, US Department of Justice, Federal Bureau of Prisons, United States Department of Homeland Security re: 88 MOTION for Leave to File Response to Motion for Summary Judgment (Hasday-DOJ, Lisa) (Entered: 01/26/2021) |
| 2021-01-26 | 95 | MOTION to Vacate 91 Order filed by Michael Berk. (Attachments: # 1 Exhibit(s) 1-9, # 2 Exhibit(s) 10-15, # 3 Cover Letter and Envelope) (axm) (Entered: 01/27/2021) |
| 2021-01-28 | 96 | MOTION for Opportunity to Supplement Pending Motion for Change of Venue filed by Michael Berk. (jmg) (Entered: 01/28/2021) |
| 2021-01-29 | 97 | RESPONSE filed by Executive Office of United States Attorneys, US Department of Justice, Federal Bureau of Prisons, United States Department of Homeland Security re: 89 MOTION to Transfer Case out of District/Division (Hasday-DOJ, Lisa) (Entered: 01/29/2021) |
| 2021-02-02 | 98 | ORDER: Plaintiff's Motion for Leave to File Plaintiff's Response to Motion for Summary Judgment, Doc. 88 , Motion for Change of Venue, Doc. 89 , and Motion for Opportunity to Supplement Pending Motion for Change of Venue, Doc. 96 , are DENIED. (Ordered by Magistrate Judge Renee Harris Toliver on 2/2/2021) (mcrd) (Entered: 02/02/2021) |
| 2021-02-02 | 99 | FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Plaintiff's Cross-Motion for Partial Summary Judgment, Doc. 66 , should be DENIED, Defendants' Motion for Summary Judgment, Doc. 67 , should be GRANTED, and this action should be DISMISSED WITH PREJUDICE in its entirety. (Ordered by Magistrate Judge Renee Harris Toliver on 2/2/2021) (mcrd) (Main Document 99 replaced on 2/4/2021) (cea). (Entered: 02/02/2021) |
| 2021-02-02 | | ***Clerk's Notice of delivery: (see NEF for details) Docket No:98, 99. Tue Feb 2 17:06:56 CST 2021 (crt) (Entered: 02/02/2021) |
| 2021-02-16 | 100 | RESPONSE filed by Executive Office of United States Attorneys, US Department of Justice, Federal Bureau of Prisons, United States Department of Homeland Security re: 95 MOTION to Vacate 91 Order on Motion for Reconsideration (Hasday-DOJ, Lisa) (Entered: 02/16/2021) |
| 2021-02-22 | 101 | MOTION to Stay or MOTION to Extend Time filed by Michael Berk. (oyh) (Entered: 02/22/2021) |
| 2021-02-23 | 102 | MOTION for Extension of Time to File Response/Reply to 95 MOTION to Vacate, 99 Findings and Recommendations or Motion to Stay filed by Michael Berk. (axm) (Entered: 02/23/2021) |
| 2021-02-26 | 103 | Order granting 101 , 102 Motions to Stay or Extensions of Time. Objections to F&R due by 4/9/2021 Replies due by 4/9/2021. (Ordered by Chief Judge Barbara M. G. Lynn on 2/26/2021) (hml) (Entered: 02/26/2021) |
| 2021-02-26 | | ***Clerk's Notice of delivery: (see NEF for details) Docket No:103. Fri Feb 26 15:32:45 CST 2021 (crt) (Entered: 02/26/2021) |
| 2021-03-01 | 104 | MOTION for Extension of Time to File Objections filed by Michael Berk. (jmg) (Entered: 03/02/2021) |
| 2021-04-19 | 105 | RESPONSE filed by Michael Berk re: 88 MOTION for Leave to File Response to Motion for Summary Judgment. (mjr) (Entered: 04/20/2021) |
| 2021-04-19 | 106 | REPLY filed by Michael Berk re: 89 MOTION to Transfer Case out of District/Division. (mjr) (Entered: 04/20/2021) |
| 2021-04-19 | 107 | REPLY filed by Michael Berk re: 95 MOTION to Vacate 91 Order on Motion for Reconsideration. (mjr) (Entered: 04/20/2021) |
| 2021-04-19 | 108 | MOTION to Vacate 98 Order filed by Michael Berk. (mjr) (Entered: 04/20/2021) |
| 2021-04-19 | 109 | OBJECTION filed by Michael Berk re: 99 Findings and Recommendations. (mjr) (Entered: 04/20/2021) |
| 2021-04-19 | 110 | Appendix in Support filed by Michael Berk re: 109 Response/Objection. (Attachments: # 1 Additional Page(s)) (mjr) (Entered: 04/20/2021) |
| 2021-04-29 | 111 | MOTION for Extension of Time to File Response/Reply to 109 Response/Objection filed by Executive Office of United States Attorneys, US Department of Justice, Federal Bureau of Prisons, United States Department of Homeland Security with Brief/Memorandum in Support. (Hasday-DOJ, Lisa) (Entered: 04/29/2021) |
| 2021-04-30 | 112 | ELECTRONIC ORDER: Plaintiff's Motion for Extension of Time to File Objections to Magistrate Judge's Findings, Conclusions, and Recommendation, Doc. 104 , is terminated as moot . (Ordered by Magistrate Judge Renee Harris Toliver on 4/30/2021) (chmb) (Entered: 04/30/2021) |
| 2021-04-30 | 113 | ELECTRONIC ORDER: Defendants' Motion for an Extension of Time to Respond to Plaintiff's Objections to Magistrate Judge's Report and Recommendation , Doc. 111 , is GRANTED . Defendants' response is due by May 18, 2021 . (Ordered by Magistrate Judge Renee Harris Toliver on 4/30/2021) (chmb) (Entered: 04/30/2021) |
| 2021-05-03 | 114 | Renewed MOTION for the Assistance of Counsel filed by Michael Berk. (Additional attachment(s): # 1 Envelope) (jmg) (Entered: 05/04/2021) |
| 2021-05-10 | 115 | ORDER ACCEPTING 99 FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Accordingly, Defendants' 67 Motion for Summary Judgment is GRANTED and Plaintiff's 66 Motion for Partial Summary Judgment is DENIED. (Ordered by Chief Judge Barbara M. G. Lynn on 5/10/2021) (twd) (Entered: 05/10/2021) |
| 2021-05-10 | 116 | JUDGMENT: It is ORDERED that this case is DISMISSED WITH PREJUDICE. (Ordered by Chief Judge Barbara M. G. Lynn on 5/10/2021) (twd) (Entered: 05/10/2021) |
| 2021-05-10 | | ***Clerk's Notice of delivery: (see NEF for details) Docket No:115, 116. Mon May 10 11:34:22 CDT 2021 (crt) (Entered: 05/10/2021) |
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