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Case TitleCvijanovich v. United States Secret Service
DistrictDistrict of North Dakota
CityEastern
Case Number3:2018cv00220
Date Filed2018-10-30
Date Closed2019-09-25
JudgeMagistrate Judge Alice R. Senechal
PlaintiffDaniel Edward Cvijanovich
Case DescriptionDaniel Cvijanovich, who was convicted of verbally threatening President George W. Bush in 2007, submitted a FOIA request to U.S. Secret Service for records concerning himself. The agency acknowledged receipt of the request but denied the request under Exemption 7(A) (interference with ongoing investigation or proceeding). Cvijanovich filed an administrative appeal, which was also denied. Cvijanovich then filed suit.
Complaint issues: Litigation - Attorney's fees

DefendantUnited States Secret Service
AppealEighth Circuit 19-3503
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-10-301COMPLAINT against United States Secret Service (Filing fee $400, receipt number 319000043) filed by Daniel Edward Cvijanovich. (Attachments: # 1 List of Attachments, # 2 Letter from Daniel Cvijanovich dated December 1, 2017, # 3 Letter from Kim E. Campbell, SAIC, dated April 9, 2018, # 4 Letter from Daniel Svijanovich dated June 2, 2018, # 5 Letter from Deputy Director William J. Callahan dated July 31, 2018, # 6 Affidavit of Daniel Cvijanovich, # 7 Civil Cover Sheet) (as) (Entered: 10/30/2018)
2018-10-302Summons Issued as to United States Secret Service, U.S. Attorney and U.S. Attorney General (as) (Entered: 10/30/2018)
2018-10-303NOTICE of Direct Assignment as to Daniel Edward Cvijanovich. Consent/Reassignment Form due by 11/13/2018. (as) (Entered: 10/30/2018)
2018-10-304CONSENT/REASSIGNMENT FORM by Daniel Edward Cvijanovich. (as) (Entered: 10/30/2018)
2018-11-165SUMMONS Returned Executed as to United States Secret Service served on 11/5/2018, answer due 1/4/2019. (as) (Entered: 11/16/2018)
2018-12-036NOTICE of Appearance by James P. Thomas on behalf of United States Secret Service (Thomas, James) (Entered: 12/03/2018)
2018-12-037ANSWER to 1 Complaint, by United States Secret Service.(Thomas, James) (Entered: 12/03/2018)
2018-12-048NOTICE of Direct Assignment as to United States Secret Service. Consent/Reassignment Form due by 12/18/2018. (js) (Entered: 12/04/2018)
2018-12-049CONSENT/REASSIGNMENT FORM by United States Secret Service. (lh) (Entered: 12/04/2018)
2018-12-0410ORDER for Rule 26(f) Planning Meeting and Rule 16(b) Scheduling Conference by Magistrate Judge Alice R. Senechal. Scheduling Conference set for 1/8/2019 at 09:30 AM by telephone before Magistrate Judge Alice R. Senechal. Defendant's counsel shall initiate the call into chambers at 701-297-7070. (CS) (Entered: 12/04/2018)
2018-12-1111MOTION to Stay re 10 Order,, Set Hearings, Discovery, and set Dispositive Motion Deadlines by United States Secret Service. (Thomas, James) (Entered: 12/11/2018)
2018-12-1212ORDER by Magistrate Judge Alice R. Senechal denying 11 Motion to Stay. (CS) (Entered: 12/12/2018)
2019-01-0313MOTION to Stay Action Due to Lapse of Appropriations by United States Secret Service. (Thomas, James) (Entered: 01/03/2019)
2019-01-0414ORDER by Magistrate Judge Alice R. Senechal granting 13 Motion to Stay. (AS) (Entered: 01/04/2019)
2019-01-04Deadlines and Hearings Terminated. Scheduling Conference set for 1/8/2019 at 09:30 AM is CANCELLED. See written order at Doc. 14 . (AS) (Entered: 01/04/2019)
2019-01-2815NOTICE by United States Secret Service regard Appropriations (Thomas, James) (Entered: 01/28/2019)
2019-01-2916ORDER LIFTING STAY by Magistrate Judge Alice R. Senechal. Scheduling Conference set for 2/8/2019 at 09:30 AM by telephone before Magistrate Judge Alice R. Senechal. Defense counsel shall initiate the call. The telephone number for chambers is 701-297-7070. (AS) (Entered: 01/29/2019)
2019-02-0817Minute Entry for proceedings held before Magistrate Judge Alice R. Senechal: Scheduling Conference held on 2/8/2019. (lc) (Entered: 02/08/2019)
2019-02-1118SCHEDULING ORDER by Magistrate Judge Alice R. Senechal. Dispositive Motions due by 4/30/2019. (AS) (Entered: 02/11/2019)
2019-04-1219MOTION for Leave to File Ex Parte in Camera by United States Secret Service. (Thomas, James) (Entered: 04/12/2019)
2019-04-1520ORDER by Magistrate Judge Alice R. Senechal granting 19 Motion for Leave to File Ex Parte. (CS) (Entered: 04/15/2019)
2019-04-2621MOTION to Amend re 18 Scheduling Order by United States Secret Service. (Thomas, James) Modified on 4/29/2019 to correct motion relief. (js) (Entered: 04/26/2019)
2019-04-2922ORDER by Magistrate Judge Alice R. Senechal granting 21 Motion to Amend Dispositive Motion Deadline. (CS) Modified on 4/29/2019 to clarify docket text - NEF Regenerated. (js) (Entered: 04/29/2019)
2019-04-29Set/Reset Scheduling Order Deadlines: Dispositive Motions due by 5/31/2019; (2) Responses to dispositive motions are due 7/1/2019; Replies to responses, if any, are due 7/19/2019. See Order filed at 22 . (js) (Entered: 04/29/2019)
2019-04-29DOCKET CORRECTION re: 21 MOTION (Miscellaneous Relief). Corrected motion relief from Miscellaneous Relief to MOTION to Amend/Correct; 22 ORDER. Modified docket text to reflect updated motion relief and add clarifying language granting Motion to Amend. (js) (Entered: 04/29/2019)
2019-05-0723SUPPLEMENT FILING OF ORIGINAL SIGNATURE OF PLAINTIFF PURSUANT TO D.N.D. CIV. L.R. 5.1(b)(4) to document: 21 MOTION to Amend/Correct by United States Secret Service. (Attachments: # 1 Exhibit 1 - Plaintiff's original signature)(Thomas, James) (Entered: 05/07/2019)
2019-05-3024MOTION for Summary Judgment by United States Secret Service. (Thomas, James) (Entered: 05/30/2019)
2019-05-3025MEMORANDUM in Support re 24 MOTION for Summary Judgment filed by United States Secret Service. (Thomas, James) (Entered: 05/30/2019)
2019-05-3026AFFIDAVIT /Declaration of Callahan re 24 MOTION for Summary Judgment by United States Secret Service. (Attachments: # 1 Exhibit 1: Plaintiffs FOIA request dated December 1, 2017, # 2 Exhibit 2: Secret Service letter to Plaintiff dated January 19, 2018, # 3 Exhibit 3: Secret Service letter to Plaintiff dated April 9, 2018, # 4 Exhibit 4: Plaintiffs letter dated June 2, 2018, # 5 Exhibit 5: Secret Service letter to Plaintiff dated July 31, 2018, # 6 Exhibit 6: Secret Service letter to FBI dated April 18, 2019, # 7 Exhibit 7: Secret Service second letter to FBI dated May 7, 2019, # 8 Exhibit 8: Secret Service letter to BOP dated April 18, 2019, # 9 Exhibit 9: Secret Service letter to Plaintiff dated May 2, 2019, # 10 Exhibit 10: Vaughn Index)(Thomas, James) (Entered: 05/30/2019)
2019-05-3027SEALED DOCUMENT Exhibit 11 Part 1: 001-151 re 26 Affidavit,,, by United States Secret Service. (Attachments: # 1 Exhibit 11 Part 2: 152-304, # 2 Exhibit 11 Part 3: 305-441, # 3 Exhibit 11 Part 4: 442-593, # 4 Exhibit 11 Part 5: 594-709)(Thomas, James) (Entered: 05/30/2019)
2019-06-2829MOTION for Extension of Time to File Response/Reply to 24 MOTION for Summary Judgment by United States Secret Service. (Thomas, James) Modified on 7/2/2019 to correct motion relief. (as) (Entered: 06/28/2019)
2019-07-0130ORDER by Magistrate Judge Alice R. Senechal granting 29 Motion for Extension of Time to File Response/Reply (CS) Distributed on 7/1/2019 (js). Modified on 7/2/2019 to correct text pursuant to docket correction of 29 . (as) (Entered: 07/01/2019)
2019-07-01Set/Reset Deadlines as to 24 MOTION for Summary Judgment. Plaintiff's Response due 7/31/2019. Defendant's Reply due 8/30/2019. (CS) (Entered: 07/01/2019)
2019-07-02DOCKET CORRECTION re: 29 MOTION to Amend/Correct Scheduling Order. Clerk's office corrected motion relief to MOTION for Extension of Time to File Response/Reply to 24 MOTION for Summary Judgment. (as) (Entered: 07/02/2019)
2019-07-1731SUPPLEMENT to document: 25 MEMORANDUM in Support by United States Secret Service. (Thomas, James) (Entered: 07/17/2019)
2019-07-1732AFFIDAVIT of David M. Hardy re 31 Supplement by United States Secret Service. (Attachments: # 1 Exhibit A - FBI Letter dated April 24, 2019, # 2 Exhibit B - FBI Letter dated June 28, 2019 with FOIPA Addendum)(Thomas, James) (Entered: 07/17/2019)
2019-07-1733SEALED DOCUMENT Exhibit C - FBI Responsive Pages re 32 Affidavit by United States Secret Service. (Thomas, James) (Entered: 07/17/2019)
2019-07-1734MOTION for Leave to File Under Seal by United States Secret Service. (Attachments: # 1 Proposed Sealed Document)(Thomas, James) (Entered: 07/17/2019)
2019-07-1835ORDER by Magistrate Judge Alice R. Senechal granting 34 Motion for Leave to File Under Seal. Defendant is directed to file the document under seal. (AS) Distributed on 7/18/2019. (as) (Entered: 07/18/2019)
2019-07-2236MOTION for Leave to File Under Seal by United States Secret Service. (Attachments: # 1 Memorandum in Support, # 2 Proposed Sealed Document)(Thomas, James) (Entered: 07/22/2019)
2019-07-2337ORDER by Magistrate Judge Alice R. Senechal granting 36 Motion for Leave to File Under Seal. Defendant is directed to file the document under seal. (AS) Distributed on 7/23/2019 (as). (Entered: 07/23/2019)
2019-07-2338SUPPLEMENT to document: 24 MOTION for Summary Judgment , 25 MEMORANDUM in Support by United States Secret Service. (Thomas, James) (Entered: 07/23/2019)
2019-07-2339AFFIDAVIT of Sandy Raymond re 38 Supplement by United States Secret Service. (Attachments: # 1 Exhibit A - Vaughn Index, # 2 Exhibit B - Letter of Production dated July 2, 2019)(Thomas, James) (Entered: 07/23/2019)
2019-07-2340SEALED DOCUMENT Exhibit C re 39 Affidavit by United States Secret Service. (Thomas, James) (Entered: 07/23/2019)
2019-07-3041RESPONSE to Motion re 24 MOTION for Summary Judgment filed by Daniel Edward Cvijanovich. (Attachments: # 1 Supplemental Affidavit of Daniel Cvijanovich)(js) (Entered: 07/30/2019)
2019-08-2842REPLY to Response to Motion re 24 MOTION for Summary Judgment filed by United States Secret Service. (Thomas, James) (Entered: 08/28/2019)
2019-09-2543ORDER by Magistrate Judge Alice R. Senechal granting 24 Motion for Summary Judgment. (CS) Distributed on 9/25/2019 (js). (Entered: 09/25/2019)
2019-09-2544CLERK'S JUDGMENT in favor of Daniel Edward Cvijanovich against United States Secret Service.(js) Distributed on 9/25/2019 (js). (Entered: 09/25/2019)
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by FOIA Project Staff
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