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Case TitleFLETE-GARCIA v. U.S. DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv02382
Date Filed2019-08-06
Date Closed2022-03-14
JudgeJudge Randolph D. Moss
PlaintiffFULVIO FLETE-GARCIA
DefendantU.S. DEPARTMENT OF JUSTICE
DefendantEXECUTIVE OFFICE FOR UNITED STATES ATTORNEY
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [26]
FOIA Project Annotation: Judge Randolph Moss has ruled that the Executive Office for U.S. Attorneys failed to justify its processing of four of five requests submitted by Fulvio Flete-Garcia concerning the criminal cases brought against him in the U.S. District of Massachusetts. EOUSA closed his first request after concluding it was duplicative of a prior request. The agency also provided Flete-Garcia with an opportunity to appeal the decision. Flete-Garcia did not file an appeal. Three other requests asked for information concerning juries that indicted him and included the relevant indictment numbers. In response to Flete-Garcia's suit, the agency told Moss it had no record of receiving the three requests, even though Flete-Garcia provided return-receipts for each request. The fifth request also asked for records concerning the grand jury associated with a specific indictment number. The agency received that request and denied the request based on Exemption 3 (other statutes), citing Rule 6(e) protecting grand jury secrecy. Moss found that because the agency had responded within the statutory time limits to the request it deemed duplicative, Flete-Garcia had failed to exhaust his administrative remedies. Turning to the three requests which EOUSA claimed it did not receive, Moss noted that "EOUSA offers very little information about what did happen â€" or, indeed, even about what might have happened â€" here." He indicated that "without additional information â€" and perhaps an evidentiary hearing â€" the Court cannot conclude that EOUSA has carried its summary judgment burden demonstrating that there is no material issue in dispute." Moss found that the grand jury commencement and termination dates were not protected by Rule 6(e). He pointed out that "records that disclose the commencement and termination dates for grand juries are protected from disclose, if at all, only when disclosure risks revealing the substantive work of the grand jury, including the identity of grand jury witnesses or the details of a specific grand jury investigation."
Issues: Request - Receipt, Exemption 3 - Limited agency discretion
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-08-06Initiating Pleading & IFP Application Received on 08/06/2019. A copy of the docket sheet has been mailed to the address of record for the pro se party. (zmc) (Entered: 08/14/2019)
2019-08-061COMPLAINT against EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY, U.S. DEPARTMENT OF JUSTICE filed by FULVIO FLETE-GARCIA. (Attachment: # 1 Exhibit)(zmc) (Entered: 08/14/2019)
2019-08-062MOTION for Leave to Proceed in forma pauperis by FULVIO FLETE-GARCIA (zmc) (Entered: 08/14/2019)
2019-08-063PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by FULVIO FLETE-GARCIA (zmc) (Entered: 08/14/2019)
2019-08-294ORDER granting 2 Motion for Leave to Proceed in forma pauperis, except to the extent that Plaintiff is required to make the payments set forth (please see order for details). Signed by Judge Rudolph Contreras on 8/26/2019. (zad) (Main Document 4 replaced on 8/29/2019) (zad). (Entered: 08/29/2019)
2019-08-30Case assigned to Judge Randolph D. Moss (zmc) (Entered: 08/30/2019)
2019-08-305STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in this Court's Standing Order. See document for details. Signed by Judge Randolph D. Moss on 8/30/19. (lcrdm1, ) (Entered: 08/30/2019)
2019-10-046MOTION for Preliminary Injunction by FULVIO FLETE-GARCIA "Let it Be Filed" by Judge Randolph D. Moss on 10/4/2019. (zed, ) (Entered: 10/10/2019)
2019-10-077MOTION for copy of petition re 6 MOTION for Preliminary Injunction by FULVIO FLETE-GARCIA (ztd) (Entered: 10/10/2019)
2019-10-158MOTION for Copy of Updated Docket/Text Sheet by FULVIO FLETE-GARCIA. (ztth) (Entered: 10/22/2019)
2019-10-22MINUTE ORDER: In light of the recent filing of the Plaintiff's full 10-page petition for preliminary injunction, Dkt. 6 , and Plaintiff's motions for a copy of petition, Dkt. 7 , and for a copy of docket/text sheet, Dkt. 8 , it is hereby ORDERED that the motions are GRANTED. The Clerk of Court is directed to mail Plaintiff a copy of the petition for preliminary injunction, Dkt. 6 , and a copy of the docket text sheet at his address of record. Signed by Judge Randolph D. Moss on 10/22/19. (lcrdm1) (Entered: 10/22/2019)
2019-11-049MOTION to Take Judicial Notice by FULVIO FLETE-GARCIA (ztd) (Entered: 11/06/2019)
2019-11-0810NOTICE by FULVIO FLETE-GARCIA (ztd); ("Let it be Filed" signed 11/8/19 by Judge Randolph D. Moss) (Entered: 11/14/2019)
2019-11-12VACATED PURSUANT TO MINUTE ORDER FILED 11/14/2019.....MINUTE ORDER: Upon consideration of Plaintiff's motion to take judicial notice, Dkt. 9 , it is hereby ORDERED that the motion is DENIED. A defendant in a FOIA action is not required to answer the plaintiff's complaint while its motion to dismiss is pending. See 5 U.S.C. § 552(a)(4)(C); Fed. R. Civ. P. 12(a)(4)(A). Signed by Judge Randolph D. Moss on 11/12/19. (lcrdm1) Modified on 11/18/2019 (znmw). (Entered: 11/12/2019)
2019-11-14MINUTE ORDER: Upon further consideration, the Court's November 12, 2019 Minute Order is hereby VACATED as it was based on an incorrect reading of the record. However, Plaintiff's motion to take judicial notice is again hereby DENIED. The Court cannot order the Defendants to answer Plaintiff's complaint because the summons and complaint have not yet been served. In light of this and Plaintiff's IFP status, it is hereby ORDERED that the Clerk shall issue the summons and the Marshals Service shall effect service upon the named Defendants. See 28 U.S.C. § 1915(d); Fed. R. Civ. P. 4(c)(3). Signed by Judge Randolph D. Moss on 11/14/19. (lcrdm1) (Entered: 11/14/2019)
2019-11-1911MOTION to Take Judicial Notice by FULVIO FLETE-GARCIA (ztd) (Entered: 11/20/2019)
2019-11-2012MOTION to Take Judicial Notice by FULVIO FLETE-GARCIA (ztd) (Entered: 11/22/2019)
2019-11-2014SUMMONS (4) Issued as to EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY, U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (zsb) (Entered: 11/25/2019)
2019-11-2213RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/21/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 12/21/2019.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY served on 11/21/2019; U.S. DEPARTMENT OF JUSTICE served on 11/21/2019 (ztd) (Entered: 11/25/2019)
2019-12-05MINUTE ORDER: Upon consideration of Plaintiff's motions to take judicial notice, Dkt. 11 & Dkt. 12 , it is hereby ORDERED that the motions are DENIED. Informing the Court that filings have been made and requesting docket sheets at regular intervals are not the proper subjects of motions for judicial notice. Plaintiff is instructed to cease moving for judicial notice on these grounds. Plaintiff is instructed to address any further requests for confirmation of filings and docket sheets to the Clerk of Court, and should not style those requests as motions before the Court itself. Signed by Judge Randolph D. Moss on 12/5/19. (lcrdm1) Modified on 12/5/2019 to correct typo (kt). (Entered: 12/05/2019)
2019-12-05MINUTE ORDER: In light of the fact that Defendants were served on November 21, 2019, Dkt. 13 , and have not yet appeared, it is hereby ORDERED that Plaintiff's motion for a preliminary injunction, filed on October 4, 2019, Dkt. 6 , is hereby DENIED as premature. Plaintiff may refile that motion after Defendants appear. Signed by Judge Randolph D. Moss on 12/5/19. (lcrdm1) (Entered: 12/05/2019)
2019-12-0916MOTION requesting copies of documents docketed by FULVIO FLETE-GARCIA (ztd) (Entered: 12/11/2019)
2019-12-1115MOTION for Extension of Time to File Answer re 1 Complaint by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY, U.S. DEPARTMENT OF JUSTICE (Tepe, Sean) (Entered: 12/11/2019)
2019-12-13MINUTE ORDER: Upon consideration of Defendants' motion for extension of time, Dkt. 15 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Defendants shall answer or otherwise respond to the complaint on or before February 21, 2020. Signed by Judge Randolph D. Moss on 12/13/19. (lcrdm1) (Entered: 12/13/2019)
2019-12-13MINUTE ORDER: Upon consideration of Plaintiff's motion requesting copies, Dkt. 16 , it is hereby ORDERED that the motion is DENIED. Plaintiff is instructed to cease styling such requests as motions to the Court and, instead, to address any further requests for docket sheets and filings to the office of the Clerk of Court in the first instance. If Plaintiff is unable to obtain necessary information in the ordinary course, Plaintiff may file a motion, but must demonstrate that he has exhausted ordinary methods, does not otherwise have access to the necessary information or materials, and has good cause for the request. Signed by Judge Randolph D. Moss on 12/13/19. (lcrdm1) (Entered: 12/13/2019)
2020-01-0917MOTION to Take Judicial Notice by FULVIO FLETE-GARCIA (ztd) (Entered: 01/14/2020)
2020-01-15MINUTE ORDER: Upon consideration of Plaintiff's motion to take judicial notice, Dkt. 17 , which requests that the Court order Defendant to "respond to Plaintiffs complaint," Dkt. 17 at 2, it is hereby ORDERED that the motion is DENIED as moot. On December 13, 2019, the Court granted Defendants' motion for an extension of time and ordered Defendants to "answer or otherwise respond to the complaint on or before February 21, 2020." Minute Order (Dec. 13, 2019). Signed by Judge Randolph D. Moss on 1/15/20. (lcrdm1) (Entered: 01/15/2020)
2020-01-2118MOTION to Take Judicial Notice by FULVIO FLETE-GARCIA (ztd) (Entered: 01/24/2020)
2020-01-23MINUTE ORDER: The parties are hereby ORDERED to comply with the terms of the Court's revised standing order, which is available on the Court's website. Click for details. Signed by Judge Randolph D. Moss on 1/23/20. (lcrdm1) (Entered: 01/23/2020)
2020-01-29MINUTE ORDER: Upon consideration of Plaintiff's motion to take judicial notice, Dkt. 18 , it is hereby ORDERED that the motion is denied as moot. The version of Plaintiff's motion for preliminary injunction at Dkt. 6 includes page 7, which Plaintiff appears to be concerned is missing. See Dkt. 7 . Signed by Judge Randolph D. Moss on 1/29/20. (lcrdm1) (Entered: 01/29/2020)
2020-02-1819MOTION for Extension of Time to File Answer re 1 Complaint or to Otherwise Respond by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY, U.S. DEPARTMENT OF JUSTICE (Tepe, Sean) (Entered: 02/18/2020)
2020-02-19MINUTE ORDER: Upon consideration of Defendant's motion for extension of time, Dkt. 19 , it is hereby ORDERED that the motion is GRANTED in part and DENIED in part. Given that the Court previously granted Defendant a two-month extension from the original deadline to answer or otherwise respond to Plaintiff's complaint, Minute Order (Dec. 13, 2019), the Court concludes that the demands of other cases on defense counsel are not sufficient "good cause" for a further 30-day delay within the meaning of 5 U.S.C. § 552(a)(4)(C). It is therefore ORDERED that Defendant shall answer or otherwise respond to Plaintiff's complaint on or before March 6, 2020. Signed by Judge Randolph D. Moss on 2/19/20. (lcrdm1) (Entered: 02/19/2020)
2020-02-2822MOTION for Summary Judgment by FULVIO FLETE-GARCIA (ztd); ("Let It Be Filed" signed by Judge Randolph D. Moss) (Entered: 03/09/2020)
2020-03-0620MOTION to Dismiss or for Summary Judgment by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Tepe, Sean). Added MOTION for Summary Judgment on 3/9/2020 (ztd). (Entered: 03/06/2020)
2020-03-0921FOX/NEAL ORDER: In light of Defendants' motion to dismiss or, in the alternative, motion for summary judgment, Dkt. 20 , Plaintiff is hereby ORDERED to respond to Defendant's motion on or before April 10, 2020. See Order for details. Signed by Judge Randolph D. Moss on 3/9/20. (lcrdm1) (Entered: 03/09/2020)
2020-05-1423NOTICE of Change of Address by FULVIO FLETE-GARCIA (ztd) (Entered: 05/19/2020)
2020-06-05MINUTE ORDER: On February 28, 2020, incarcerated pro se Plaintiff moved for summary judgment and/or default, Dkt. 22 , and on March 6, 2020 Defendant moved to dismiss or, in the alternative, for summary judgment, Dkt. 20 . The Court then issued to Plaintiff a Fox/Neal order requiring him to respond to Defendant's motion on or before April 20, 2020. On May 14, 2020, the Court received Plaintiff's notice of change of address, which noted that the institution where he is incarcerated is on "COVID 19 prevention lockdown" which poses "a big obstacle for [him] to timely and properly file the brief and appendix for his case" and sought an "extension." In light of Plaintiff's filing, it is hereby ORDERED that Plaintiff shall file his response to Defendants motion to dismiss or, in the alternative, for summary judgment on or before July 1, 2020. It is further ORDERED that Defendant shall respond to Plaintiff's motion for summary judgment and/or default, Dkt. 22 , on or before June 15, 2020, and Plaintiff shall file any reply in support of that motion on or before July 10, 2020. Signed by Judge Randolph D. Moss on 6/5/2020. (lcrdm1) (Entered: 06/05/2020)
2020-06-1524Memorandum in opposition to re 22 MOTION for Summary Judgment filed by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY, U.S. DEPARTMENT OF JUSTICE. (Tepe, Sean) (Entered: 06/15/2020)
2020-06-1525ERRATA by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY, U.S. DEPARTMENT OF JUSTICE 20 MOTION to Dismiss or for Summary Judgment MOTION for Summary Judgment filed by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration of N. Hudgins)(Tepe, Sean) (Entered: 06/15/2020)
2020-06-22MINUTE ORDER: Upon consideration of Plaintiff's "motion for summary judgment and/or default," Dkt. 22 , and Defendant's memorandum in opposition to that motion, Dkt. 24 , it is hereby ORDERED that the motion is DENIED. Plaintiff's motion, docketed on February 28, 2020, moved on the ground that, as of February 9, 2020, Defendant had not responded to the complaint filed on August 6, 2019. Dkt. 22 at 12. On February 18, 2020, however, Defendant moved for an extension of time to answer or otherwise respond to the complaint, Dkt. 19 , which the Court granted on February 19, 2020, Minute Order (Feb. 28, 2020). Because the Court has excused Defendant's delay in responding to the complaint, and because Defendant has now filed a motion to dismiss or, in the alternative, for summary judgment, the Court will deny the motion for default as moot. The Court will deny Plaintiff's motion for summary judgment for failure to comply with the strictures of Federal Rule of Civil Procedure 56 and Local Rule 7(h). Signed by Judge Randolph D. Moss on 6/22/2020. (lcrdm1) (Entered: 06/22/2020)
2020-06-25MINUTE ORDER: In light of Defendant's errata to its motion to dismiss or for summary judgment, Dkt. 25 , which notes that Defendant is unsure whether the pro se and incarcerated Plaintiff was served the Hudgins Declaration when the motion to dismiss or for summary judgment was originally filed on March 6, 2020, it is hereby ORDERED that the July 1, 2020 deadline for Plaintiff to respond to Defendant's motion to dismiss or for summary judgment is VACATED. It is further ORDERED that Plaintiff shall respond to Defendant's motion to dismiss or for summary judgment on or before July 21, 2020. Signed by Judge Randolph D. Moss on 6/25/2020. (lcrdm1) (Entered: 06/25/2020)
2020-08-18MINUTE ORDER: On March 6, 2020, Defendant moved for summary judgment. Dkt. 20. The Court issued a Fox/Neal Order informing Plaintiff of his obligations in opposing that motion. Dkt. 21. The Court has subsequently extended Plaintiff's deadline for responding to Defendant's motion until July 21, 2020. Minute Order (Jun. 25, 2020). Because Plaintiff is incarcerated and pro se, the Court will further extend his deadline to reply to Defendant's motion for summary judgment. Accordingly, it is hereby ORDERED that Plaintiff shall respond to Defendant's motion for summary judgment, Dkt. 20, on or before September 15, 2020. The Court cautions Plaintiff that, if he fails to respond to Defendant's motion for summary judgment on or before September 15, 2020, "Plaintiff may not have the opportunity to be heard on the motion and the Court may resolve the case based exclusively on Defendant's submission," Dkt. 21 at 4. Signed by Judge Randolph D. Moss on 8/18/2020. (lcrdm1) (Entered: 08/18/2020)
2021-03-2526MEMORANDUM OPINION AND ORDER granting in part and denying in part Defendant's motion to dismiss or for summary judgment, Dkt. 20 . See attached document for details. Signed by Judge Randolph D. Moss on 03/25/2021. (lcrdm1) (Entered: 03/25/2021)
2021-04-12MINUTE ORDER: In light of the Court's memorandum opinion and order entered on March 25, 2021, Dkt. 26 , it is hereby ORDERED that the parties each submit a status report to the Court on or before May 3, 2021 proposing next steps in this litigation. Signed by Judge Randolph D. Moss on 04/12/2021. (lcrdm1) (Entered: 04/12/2021)
2021-05-0327STATUS REPORT by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY, U.S. DEPARTMENT OF JUSTICE. (Tepe, Sean) (Entered: 05/03/2021)
2021-05-05MINUTE ORDER: Upon consideration of Defendant's status report, Dkt. 27 , it is hereby ORDERED that Defendant shall process the three FOIA requests at issue as proposed in the status report and shall file a further status report on or before July 2, 2021 and every sixty days thereafter. Signed by Judge Randolph D. Moss on 05/05/2021. (lcrdm1) (Entered: 05/05/2021)
2021-05-2128Mail Returned as Undeliverable: Sent to FULVIO FLETE-GARCIA; Type of Document Returned: A copy of the MINUTE ORDER filed on 05/05/2021; Resent at New Address: No new address - as a courtesy, the minute order was re-sent to the address on the BOP website listed for Plaintiff (BIG SPRING CORRECTIONAL INSTITUTION, 2001 RICKABAUGH DR, BIG SPRING, TX 79720). (kt) (Entered: 05/21/2021)
2021-05-2129MOTION to Take Judicial Notice by FULVIO FLETE-GARCIA. "Leave to file GRANTED" by Judge Randolph D. Moss on 5/21/2021. (ztth) (Entered: 05/21/2021)
2021-05-21MINUTE ORDER: On May 19, 2021, the Court received a motion to take judicial notice, Dkt. 29 , from Plaintiff. It is hereby ORDERED that the motion to take judicial notice is DENIED. As the Court has previously explained to Plaintiff in this case, "[i]nforming the Court that filings have been made... [is] not the proper subject[] of motions for judicial notice." Minute Order (Dec. 5, 2019). Accordingly, the Court ordered Plaintiff "to cease moving for judicial notice on these grounds." Id. Plaintiff's motion contravenes this order and is therefore denied. The Clerk's Office also received a letter from Plaintiff requesting a copy of this case's docket be mailed to him. The return address on both materials from Plaintiff reflects a different address than the address of record listed on the docket. Local Rule 11.1 requires that "[n]otice of change in address... of a party not represented by an attorney must be filed within 14 days of the change." LCvR 11.1. It is therefore Plaintiff's responsibility to ensure that the docket reflects Plaintiff's most up-to-date address. In this instance, the Court will direct the Clerk of Court to update the address of record to reflect the address listed for Plaintiff by the Bureau of Prisons: Big Spring, Correctional Institution, 2001 Rickabaugh Dr., Big Spring, TX 79720. Going forward, however, if Plaintiff wishes to receive filings in this case, he must ensure that the Court has the proper address to which to send filings. Signed by Judge Randolph D. Moss on 05/21/2021. (lcrdm1) (Entered: 05/21/2021)
2021-05-2130ENTERED IN ERROR.....MOTION to Take Judicial Notice by FULVIO FLETE-GARCIA. "Leave to file GRANTED" Signed by Judge Randolph D. Moss. (eg) Modified on 5/26/2021 (eg). (Entered: 05/21/2021)
2021-05-26NOTICE OF CORRECTED DOCKET ENTRY: re 30 MOTION to Take Judicial Notice was entered in error as duplicate to Docket Entry 29 . (eg) (Entered: 05/26/2021)
2021-07-0731NOTICE of Change of Address by FULVIO FLETE-GARCIA (ztd) (Entered: 07/14/2021)
2021-07-16MINUTE ORDER: On May 5, 2021, the Court entered a minute order instructing Defendant to file a status report on or before July 2, 2021 and every sixty days thereafter. Minute Order (May 5, 2021). It is now two weeks past that deadline, and Defendant has filed no such status report. It is hereby ORDERED that Defendant shall file a status report on or before July 20, 2021. Signed by Judge Randolph D. Moss on 07/16/2021. (lcrdm1) (Entered: 07/16/2021)
2021-07-1932STATUS REPORT by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY, U.S. DEPARTMENT OF JUSTICE. (Tepe, Sean) (Entered: 07/19/2021)
2021-07-2833Mail Returned as Undeliverable: Sent to FULVIO FLETE-GARCIA; Type of Document Returned: A copy of the 26 MEMORANDUM OPINION AND ORDER filed on 3/25/2021; Resent at New Address: Resent to new/current address of record. (kt) (Entered: 07/28/2021)
2021-07-2934NOTICE by FULVIO FLETE-GARCIA (ztd); (Document requested mailed to plaintiff at address of record.) (Entered: 07/30/2021)
2021-07-30MINUTE ORDER: Plaintiff filed a notice to the Court asserting that he needs a copy of the filing at Dkt. 22 . That filing is Plaintiff's own motion for summary judgment, and there is no reason for the Clerk to send Plaintiff copies of pleadings that he himself filed. Plaintiff's request, therefore, is DENIED. Signed by Judge Randolph D. Moss on 07/30/2021. (lcrdm1) (Entered: 07/30/2021)
2021-08-1335NOTICE by FULVIO FLETE-GARCIA (ztd) (Entered: 08/20/2021)
2021-08-3136STATUS REPORT by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY, U.S. DEPARTMENT OF JUSTICE. (Tepe, Sean) (Entered: 08/31/2021)
2021-10-0537NOTICE OF SUBSTITUTION OF COUNSEL by Douglas C. Dreier on behalf of All Defendants Substituting for attorney Sean M. Tepe (Dreier, Douglas) (Entered: 10/05/2021)
2021-10-2938STATUS REPORT by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY, U.S. DEPARTMENT OF JUSTICE. (Dreier, Douglas) (Entered: 10/29/2021)
2021-11-2439ORDER: On August 13, 2021, the Court received two letters from Plaintiff, one of which was filed in this matter, and the other in a different case that Plaintiff has pending before the Court, Case No. 18-cv-2442. In these letters, Plaintiff expressed concern that certain filings of his in Case No. 18-cv-2442 had been incorrectly docketed in this case. See Dkt. 35 at 1; Notice, Flete-Garcia v. U.S. Marshals Service , No. 18-cv-2442 (Dkt. 42). The Court responded to both of Plaintiff's letters in an Order dated August 26, 2021, which was filed in Case No. 18-cv-2442. See Order, Flete-Garcia v. U.S. Marshals Service , No. 18-cv-2442 (Aug. 26, 2021) (Dkt. 43). For record purposes, the Court is now filing that Order in the present case in the form of an attachment to this Order. In addition, the Court has become aware that Plaintiff may have recently undergone a change of address. Accordingly, the Court hereby ORDERS the Clerk of Court to mail a copy of this Order, and the attachment thereto, both to Plaintiff's current address of record, and to Plaintiff's apparent new address: FULVIO FLETE-GARCIA, R24190-038, FCI DANBURY, 33 1/2 PEMBROKE STATION, ROUTE 37, DANBURY, CT 06811. See document and attachment for details. Signed by Judge Randolph D. Moss on 11/24/2021. (Attachment: # 1 Aug. 26, 2021, Order) (lcrdm1) (Entered: 11/24/2021)
2021-12-2241NOTICE of Change of Address by FULVIO FLETE-GARCIA (zjf) (Entered: 12/28/2021)
2021-12-2840STATUS REPORT by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY, U.S. DEPARTMENT OF JUSTICE. (Dreier, Douglas) (Entered: 12/28/2021)
2022-02-2542LEAVE TO FILE DENIED- Plaintiff's Letter addressed to non-party and additional documents. This document is unavailable as the Court denied its filing. "Leave to File Denied. Fails to Comply with LRs 5.1(d), 5.3, and Fed.R.Civ.P. 10(a)." Signed by Judge Randolph D. Moss on 2/25/2022. (znmw) (Entered: 02/28/2022)
2022-02-2843STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Dreier, Douglas) (Entered: 02/28/2022)
2022-02-28MINUTE ORDER: In light of Defendants' status report, Dkt. 43 , it is hereby ORDERED that Plaintiff shall provide a notice to the Court on or before April 29, 2022, indicating whether he believes, in light of Defendants' most recent production, that there are any remaining disputes in this action and, if so, what they are. 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, enter final judgment. It is further ORDERED that, if any disputes do remain, Defendants shall file their motion for summary judgment on or before June 28, 2022, Plaintiff shall file his response on or before July 28, 2022, and Defendants shall file their reply on or before August 25, 2022. It is further ORDERED that, until further order of the Court, Defendants are no longer required to file periodic status reports in this case. Signed by Judge Randolph D. Moss on 2/28/2022. (lcrdm1) (Entered: 02/28/2022)
2022-03-0944NOTICE to the Court by FULVIO FLETE-GARCIA (znmw) (Entered: 03/10/2022)
2022-03-11MINUTE ORDER: On February 28, 2022, the Court ordered Plaintiff to "provide a notice to the Court, on or before April 29, 2022, indicating whether he believes, in light of Defendants' most recent production, that there are any remaining disputes in this action and, if so, what they are." Minute Order (Feb. 28, 2022). On March 9, 2022, the Court received a notice from Plaintiff, in which Plaintiff generally asserts that a "fraud" has been "committed... upon the Court" but does not identify any dispute concerning Defendants' FOIA productions. Dkt. 44 at 1. Plaintiff's notice further states that "this letter will be the last that [he] send[s] to the Court." Id. In light of Plaintiff's failure to identify any dispute with Defendants' production of records in this case, the Court will ENTER judgment in favor of Defendant in part and Plaintiff in part. A separate order will issue. Signed by Judge Randolph D. Moss on 3/11/2022. (lcrdm1) (Entered: 03/11/2022)
2022-03-1145ORDER: For the reasons stated in the Court's Memorandum Opinion and Order, Dkt. 26 , and the Court's Minute Orders dated February 28, 2022, and March 11, 2022, it is hereby ORDERED that judgment is ENTERED in favor of Defendant in part and Plaintiff in part. This Order constitutes a 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 3/11/2022. (lcrdm1) (Entered: 03/11/2022)
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