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Case TitleNOVATKA v. U.S. CUSTOMS AND BORDER PROTECTION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv00459
Date Filed2020-02-18
Date Closed2021-04-12
JudgeJudge Timothy J. Kelly
PlaintiffMICHAEL JAMES NOVATKA
Case DescriptionMichael Novatka submitted a FOIA request to U.S. Customs and Border Protection for records concerning Customs Case No. 2018-4701-005772. The agency acknowledged receipt of the request. The agency told Novatka that the cost of the records would be $140. Novatka submitted a money order for $140. The agency then told Novatka that it would withhold 130 pages of the file under Exemption 7(A) (interference with ongoing investigation or proceeding) and returned Novatka's money order. Novatka filed an administrative appeal. After hearing nothing further from the agency, Novatka filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES
TERMINATED: 04/18/2020
DefendantUNITED STATES
DefendantCUSTOMS AND BORDER PROTECTION
1300 PENNSYLVANIA AVENUE NW
WASHINGTON, DC 20004
DefendantU.S. CUSTOMS AND BORDER PROTECTION
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-02-181COMPLAINT against UNITED STATES ( Filing fee $ 400 receipt number ADCDC-6839779) filed by MICHAEL JAMES NOVATKA.(Herrick, Peter) (Entered: 02/18/2020)
2020-02-182CIVIL COVER SHEET by MICHAEL JAMES NOVATKA filed by MICHAEL JAMES NOVATKA.(Herrick, Peter) (Entered: 02/18/2020)
2020-02-193REQUEST TO ISSUE SUMMONS by MICHAEL JAMES NOVATKA (Herrick, Peter) Modified to edit docket entry text on 2/19/2020 (zmc). (Entered: 02/19/2020)
2020-02-194REQUEST TO ISSUE SUMMONS by MICHAEL JAMES NOVATKA (Attachments: # 1 Summons)(Herrick, Peter) Modified to edit docket entry text on 2/19/2020 (zmc). (Entered: 02/19/2020)
2020-02-195AMENDED COMPLAINT against UNITED STATES filed by MICHAEL JAMES NOVATKA.(Herrick, Peter) (Entered: 02/19/2020)
2020-02-20Case Assigned to Judge Timothy J. Kelly. (zsb) (Entered: 02/20/2020)
2020-02-206SUMMONS (2) Issued Electronically as to UNITED STATES, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 02/20/2020)
2020-03-027RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/25/2020. Answer due for ALL FEDERAL DEFENDANTS by 3/26/2020. (Herrick, Peter) (Entered: 03/02/2020)
2020-03-028RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General February 25, 2020. (Herrick, Peter) (Entered: 03/02/2020)
2020-03-169NOTICE of Appearance by Rhonda Lisa Campbell on behalf of UNITED STATES (Campbell, Rhonda) (Entered: 03/16/2020)
2020-04-03MINUTE ORDER: It is hereby ORDERED that by April 17, 2020, the United States shall answer or otherwise respond to Plaintiff's 1 Complaint and justify its delay in doing so, see 5 U.S.C. § 552(a)(4)(C). Signed by Judge Timothy J. Kelly on 4/3/20. (lctjk2) (Entered: 04/03/2020)
2020-04-0810ANSWER to 5 Amended Complaint by UNITED STATES.(Campbell, Rhonda) (Entered: 04/08/2020)
2020-04-0811NOTICE to the Court by UNITED STATES re 10 Answer to Amended Complaint (Campbell, Rhonda) (Entered: 04/08/2020)
2020-04-08MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall meet, confer, and file a joint proposed schedule for briefing or disclosure by May 8, 2020. Signed by Judge Timothy J. Kelly on 4/8/20. (lctjk2) (Entered: 04/08/2020)
2020-04-08Set/Reset Deadlines: Joint Proposed Briefing Schedule or disclosure due by 5/8/2020. (zkh) (Entered: 04/08/2020)
2020-04-1712MOTION to Amend/Correct by MICHAEL JAMES NOVATKA (Herrick, Peter) (Entered: 04/17/2020)
2020-04-17MINUTE ORDER granting Plaintiff's 12 Consent Motion to File Second Amended Complaint. In light of Defendant's "written consent" to amendment, Fed. R. Civ. P. 15(a)(2), it is hereby ORDERED that (1) the 12 Motion is GRANTED; (2) Plaintiff shall promptly re-file on the docket his proposed second amended complaint, ECF No. 12 at 57; and (3) the Clerk shall change the caption of this case to Novatka v. U.S. Customs and Border Protection . Signed by Judge Timothy J. Kelly on 4/17/20. (lctjk2) (Entered: 04/17/2020)
2020-04-1813AMENDED COMPLAINT against CUSTOMS AND BORDER PROTECTION filed by MICHAEL JAMES NOVATKA.(Herrick, Peter) (Entered: 04/18/2020)
2020-05-0414NOTICE OF SUBSTITUTION OF COUNSEL by Robert Aaron Caplen on behalf of U.S. CUSTOMS AND BORDER PROTECTION Substituting for attorney Rhonda L. Campbell (Caplen, Robert) (Entered: 05/04/2020)
2020-05-0415Unopposed MOTION for Extension of Time to File Answer re 13 Amended Complaint by U.S. CUSTOMS AND BORDER PROTECTION (Attachments: # 1 Text of Proposed Order)(Caplen, Robert) (Entered: 05/04/2020)
2020-05-04MINUTE ORDER granting, for good cause shown, Defendant's 15 Unopposed Motion for Enlargement of Time. It is hereby ORDERED that Defendant shall file its answer or otherwise respond to Plaintiff's 13 Amended Complaint by May 8, 2020. Signed by Judge Timothy J. Kelly on 5/4/20. (lctjk2) (Entered: 05/04/2020)
2020-05-0716ANSWER to 13 Amended Complaint by U.S. CUSTOMS AND BORDER PROTECTION.(Caplen, Robert) (Entered: 05/07/2020)
2020-05-0717Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Caplen, Robert) (Entered: 05/07/2020)
2020-07-0218Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Caplen, Robert) (Entered: 07/02/2020)
2020-07-02MINUTE ORDER: Upon consideration of the parties' 18 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report, including, if necessary, a proposed briefing schedule, by August 6, 2020. Signed by Judge Timothy J. Kelly on 7/2/20. (lctjk2) (Entered: 07/02/2020)
2020-08-0619Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Caplen, Robert) (Entered: 08/06/2020)
2020-08-07MINUTE ORDER: Upon consideration of the parties' 19 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report, including, if necessary, a proposed briefing schedule, by September 9, 2020. Signed by Judge Timothy J. Kelly on 8/7/20. (lctjk2) (Entered: 08/07/2020)
2020-09-0920Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Caplen, Robert) (Entered: 09/09/2020)
2020-09-10MINUTE ORDER: Upon consideration of the parties' 20 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report, including, if necessary, a proposed briefing schedule, by October 14, 2020. Signed by Judge Timothy J. Kelly on 9/10/20. (lctjk2) (Entered: 09/10/2020)
2020-10-1421Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Caplen, Robert) (Entered: 10/14/2020)
2020-10-15MINUTE ORDER: Upon consideration of the parties' 21 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report, including, if necessary, a proposed briefing schedule, by November 13, 2020. Signed by Judge Timothy J. Kelly on 10/15/20. (lctjk2) (Entered: 10/15/2020)
2020-11-1322Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Caplen, Robert) (Entered: 11/13/2020)
2020-11-15MINUTE ORDER: Upon consideration of the parties' 22 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report, including, if necessary, a proposed briefing schedule, no later than December 15, 2020. Signed by Judge Timothy J. Kelly on 11/15/20. (lctjk2) (Entered: 11/15/2020)
2020-12-1523Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Caplen, Robert) (Entered: 12/15/2020)
2020-12-16MINUTE ORDER: Upon consideration of the parties' 23 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report, including, if necessary, a proposed briefing schedule, no later than January 15, 2021. Signed by Judge Timothy J. Kelly on 12/16/20. (lctjk2) (Entered: 12/16/2020)
2021-01-1524Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Caplen, Robert) (Entered: 01/15/2021)
2021-01-19MINUTE ORDER: Upon consideration of the parties' 24 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report, including, if necessary, a proposed briefing schedule, no later than February 15, 2021. Signed by Judge Timothy J. Kelly on 1/19/21. (lctjk2) (Entered: 01/19/2021)
2021-02-1025Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Text of Proposed Order)(Caplen, Robert) (Entered: 02/10/2021)
2021-02-10MINUTE ORDER: Upon consideration of the parties' 25 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report, including, if necessary, a proposed briefing schedule, no later than April 15, 2021. Signed by Judge Timothy J. Kelly on 2/10/21. (lctjk2) (Entered: 02/10/2021)
2021-04-1226STIPULATION of Dismissal with Prejudice by U.S. CUSTOMS AND BORDER PROTECTION. (Caplen, Robert) (Entered: 04/12/2021)
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