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Case TitleSCHAEFER v. UNITED STATES POSTAL SERVICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv02315
Date Filed2020-08-19
Date Closed2021-10-26
JudgeJudge Tanya S. Chutkan
PlaintiffJASON PAUL SCHAEFER
DefendantUNITED STATES POSTAL SERVICE
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [45]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-08-191COMPLAINT against UNITED STATES POSTAL SERVICE ( Filing fee $ 350, receipt number 4616103957) filed by JASON PAUL SCHAEFER. (Attachments: # 1 Civil Cover Sheet)(ztd) (Entered: 08/25/2020)
2020-08-19SUMMONS Not Issued as to UNITED STATES POSTAL SERVICE, US Attorney and Attorney General (ztd) (Entered: 08/25/2020)
2020-09-022ORDER: Advising pro se Plaintiff of his obligation to follow the FRCP, Local Rules and orders of the court, including rules regarding service of process. Failure to adhere to these rules or orders may result in sanctions, up to and including dismissal of this action. The Clerk of the Court shall mail a copy of this order to : JASON PAUL SCHAEFER, 80560065, SHERIDAN FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 6000, SHERIDAN, OR 97378 (See order for further details). Signed by Judge Tanya S. Chutkan on 9/2/2020. (DJS) (Entered: 09/02/2020)
2020-09-223Summons (1) Issued as to UNITED STATES POSTAL SERVICE. (ztd) (Entered: 09/22/2020)
2020-10-144SUMMONS (2) Issued as to U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(ztd) (Entered: 10/14/2020)
2020-10-305RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES POSTAL SERVICE served on 10/6/2020 (ztd) (Entered: 11/03/2020)
2020-11-026RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/26/2020., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/26/2020. ( Answer due for ALL FEDERAL DEFENDANTS by 11/25/2020.) (ztd) (Entered: 11/04/2020)
2020-11-247NOTICE of Appearance by Michael A. Tilghman on behalf of UNITED STATES POSTAL SERVICE (Tilghman, Michael) (Entered: 11/24/2020)
2020-11-248MOTION for Extension of Time to File Response to Plaintiff's Complaint by UNITED STATES POSTAL SERVICE (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) Modified event on 11/25/2020 (ztd). (Entered: 11/24/2020)
2020-12-01MINUTE ORDER: Granting 8 Motion for Extension of Deadlines. Defendant shall answer or otherwise respond to the Complaint by 12/23/20. The Clerk of the Court shall mail a copy of this order to: JASON PAUL SCHAEFER, R80560-065, SHERIDAN FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 6000, SHERIDAN, OR 97378. Signed by Judge Tanya S. Chutkan on 12/1/2020. (DJS) (Entered: 12/01/2020)
2020-12-02Set/Reset Deadlines: Answer due by 12/23/2020. (tb) (Entered: 12/02/2020)
2020-12-239ANSWER to 1 Complaint by UNITED STATES POSTAL SERVICE.(Tilghman, Michael) (Entered: 12/23/2020)
2020-12-23MINUTE ORDER: Before the Court in this FOIA case are a complaint filed by an incarcerated plaintiff and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the Defendant shall file a status report and proposed schedule that includes: the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a Vaughn index will be required in this case, any other pertinent issues and a proposed schedule for filing dispositive motions. The Government Defendant shall file the report and proposed schedule, along with a proposed order not later than 1/14/2021. The Clerk of the Court shall mail a copy of this order to: JASON PAUL SCHAEFER, R80560-065, SHERIDAN FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 6000, SHERIDAN, OR 97378. Signed by Judge Tanya S. Chutkan on 12/23/2020. (DJS) (Entered: 12/23/2020)
2020-12-23Set/Reset Deadlines: Defendant Report due by 1/14/2021. (tb) (Entered: 12/23/2020)
2021-01-1410STATUS REPORT by UNITED STATES POSTAL SERVICE. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 01/14/2021)
2021-01-15MINUTE ORDER: Having considered the defendant's status report, it is hereby ordered that Defendant's motion for summary judgment due 2/16/21. Plaintiff's opposition due on 4/1/2021. Defendant's reply due 4/15/21. The Clerk of the Court shall mail a copy of this order to: JASON PAUL SCHAEFER, R80560-065, SHERIDAN FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 6000, SHERIDAN, OR 97378. Signed by Judge Tanya S. Chutkan on 1/15/21. (DJS) Modified on 1/19/2021 (tb). Modified on 1/27/2021 (DJS). (Entered: 01/15/2021)
2021-01-19Set/Reset Deadlines: Summary Judgment motion due by 2/16/2021. Response to Motion for Summary Judgment due by 4/1/2021. Reply to Motion for Summary Judgment due by 4/15/2021. (tb) (Entered: 01/19/2021)
2021-02-0211MOTION to Amend/Correct 1 Complaint by JASON PAUL SCHAEFER. (Attachments: # 1 Exhibit Amended Complaint)(ztd) (Entered: 02/03/2021)
2021-02-04MINUTE ORDER: Denying without prejudice Plaintiff's motion 11 to amend the complaint. According to Plaintiff, the proposed amendment addresses recent developments in the Defendants' processing of his FOIA request. (ECF No. 11 at 1.) A review of the proffered Amended Complaint indicates that the recent developments are matters that can be addressed in Plaintiff's response (due 4/1/21) to Defendant's anticipated Motion for Summary Judgment (due 2/16/21). (See 1/15/21 Min. Order.) The Clerk of the Court shall mail a copy of this order to: JASON PAUL SCHAEFER, R80560-065, SHERIDAN FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 6000, SHERIDAN, OR 97378. Signed by Judge Tanya S. Chutkan on 2/4/21. (DJS) (Entered: 02/04/2021)
2021-02-0412MOTION to Modify by JASON PAUL SCHAEFER. (ztd) (Entered: 02/05/2021)
2021-02-09MINUTE ORDER: Granting Plaintiff's 12 Motion to Modify Scheduling Deadlines. Defendant's motion for summary judgment due 2/16/21. Plaintiff's combined opposition/motion for summary judgment due on 4/1/2021. Defendant's combined reply/response due 4/30/21. Plaintiff's reply due 6/1/21. The Clerk of the Court shall mail a copy of this order to: JASON PAUL SCHAEFER, R80560-065, SHERIDAN FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 6000, SHERIDAN, OR 97378. Signed by Judge Tanya S. Chutkan on 2/9/21. (DJS) (Entered: 02/09/2021)
2021-02-09Set/Reset Deadlines: Cross Motion due by 4/1/2021. Response to Cross Motion due by 4/30/2021. Reply to Cross Motion due by 6/1/2021. Summary Judgment motion due by 2/16/2021. Response to Motion for Summary Judgment due by 4/1/2021. Reply to Motion for Summary Judgment due by 4/30/2021. (tb) (Entered: 02/09/2021)
2021-02-1613MOTION for Extension of Time to File Motion for Summary Judgment by UNITED STATES POSTAL SERVICE. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 02/16/2021)
2021-02-1614NOTICE by JASON PAUL SCHAEFER. (ztd) Modified per Chambers to "Notice" on 3/10/2021 (ztd). (Entered: 02/25/2021)
2021-02-17MINUTE ORDER: Granting in part and denying in part Defendant's motion 13 for extension of deadlines. Defendant has not provided sufficient information for the court to determine whether a two month extension is warranted. Defendant's motion for summary judgment is due March 16,is due 7/6/21. The Clerk of the Court shall mail a copy of this order to: JASON PAUL SCHAEFER, R80560-065, SHERIDAN FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 6000, SHERIDAN, OR 97378. Signed by Judge Tanya S. Chutkan on 2/17/21. (DJS) (Entered: 02/17/2021)
2021-02-19Set/Reset Deadlines: Summary Judgment motion due by 7/6/2021. (tb) (Entered: 02/19/2021)
2021-02-19AMENDED MINUTE ORDER: The court's 2/17/21 is hereby amended as follows: Granting in part and denying in part Defendant's motion 13 for extension of deadlines. Defendant has not provided sufficient information for the court to determine whether a two month extension is warranted. Defendant's motion for summary judgment due 3/16/21. Plaintiff's combined opposition/motion for summary judgment due on 5/1/2021. Defendant's combined reply/response due 6/1/21. Plaintiff's reply due 7/6/21. The Clerk of the Court shall mail a copy of this order to: JASON PAUL SCHAEFER, R80560-065, SHERIDAN FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 6000, SHERIDAN, OR 97378. Signed by Judge Tanya S. Chutkan on 2/19/21. (DJS) (Entered: 02/19/2021)
2021-02-22Set/Reset Deadlines: Cross Motion due by 5/1/2021. Response to Cross Motion due by 6/1/2021. Reply to Cross Motion due by 7/6/2021. Summary Judgment motion due by 3/16/2021. Response to Motion for Summary Judgment due by 5/1/2021. Reply to Motion for Summary Judgment due by 6/1/2021. (tb) (Entered: 02/22/2021)
2021-02-2415MOTION for Summary Judgment by JASON PAUL SCHAEFER. (Attachments: # 1 Memorandum in Support)(ztd) (Entered: 03/03/2021)
2021-03-03MINUTE ORDER: Plaintiff's Motion 15 for Summary Judgment is hereby denied without prejudice as premature. As set forth in the court's 2/19/21 Amended Minute Order: Defendant's motion for summary judgment is due 3/16/21. Plaintiff's combined opposition/motion for summary judgment is due on 5/1/2021. Defendant's combined reply/response is due 6/1/21. Plaintiff's reply is due 7/6/21. The Clerk of the Court shall mail a copy of this order to: JASON PAUL SCHAEFER, R80560-065, SHERIDAN FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 6000, SHERIDAN, OR 97378. Signed by Judge Tanya S. Chutkan on 3/3/21. (DJS) (Entered: 03/03/2021)
2021-03-1616MOTION for Extension of Time to File Motion for Summary Judgment by UNITED STATES POSTAL SERVICE. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 03/16/2021)
2021-03-17MINUTE ORDER: Granting 16 Motion for Extension of Deadlines. Defendant's Motion for Summary Judgment due 3/18/21. The Clerk of the Court shall mail a copy of this order to: JASON PAUL SCHAEFER, R80560-065, SHERIDAN FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 6000, SHERIDAN, OR 97378. Signed by Judge Tanya S. Chutkan on 3/17/21. (DJS) (Entered: 03/17/2021)
2021-03-17Set/Reset Deadlines: Summary Judgment motions due by 3/18/2021. (tb) (Entered: 03/17/2021)
2021-03-1817MOTION for Summary Judgment by UNITED STATES POSTAL SERVICE. (Attachments: # 1 Memorandum in Support, # 2 Statement of Undisputed Material Facts, # 3 Exhibit 1 (Declaration of Brenda Rahe), # 4 Exhibit 2 (Declaration of Melissa F. Brantley), # 5 Exhibit 3 (Declaration of Michael G. Seidel), # 6 Text of Proposed Order)(Tilghman, Michael) (Entered: 03/18/2021)
2021-04-0918FOX NEAL Order advising plaintiff to file his motion for summary judgment and combined response to Defendant's Motion for Summary Judgment by 5/1/2021 or court may treat Defendant's motion as conceded. The Clerk of the Court shall mail a copy of this order to Plaintiff at his address of record. Signed by Judge Tanya S. Chutkan on 4/9/21. (DJS) (Entered: 04/09/2021)
2021-04-12Set/Reset Deadlines: Plaintiff's response to cross motion due by 5/1/2021 and summary judgment motion due by 5/1/2021. (tb) (Entered: 04/12/2021)
2021-04-2619MOTION for Extension of Time to File Response/Reply as to 17 MOTION for Summary Judgment by JASON PAUL SCHAEFER. (ztd) (Entered: 04/29/2021)
2021-04-2620NOTICE of Change of Address by JASON PAUL SCHAEFER (ztd)l;(See docket entry no. 19 to view.) (Entered: 04/29/2021)
2021-04-30MINUTE ORDER: Granting Plaintiff's 19 Motion for Extension of Time to File Response/Reply. Plaintiff's response due 7/1/21. The Clerk of the Court shall mail a copy of this order to: JASON PAUL SCHAEFER, R80560-065, UNITED STATES PENITENTIARY, P.O. Box 3900, Adelanto, CA 92301. Signed by Judge Tanya S. Chutkan on 4/30/21. (DJS) (Entered: 04/30/2021)
2021-05-02Set/Reset Deadlines: Response due by 7/1/2021. (tb) (Entered: 05/02/2021)
2021-06-0421MOTION for Order by JASON PAUL SCHAEFER. (ztd) (Entered: 06/08/2021)
2021-06-3022MOTION for Leave to File Defendant's Opposition to Plaintiff's Motion for a Court Order Nunc Pro Tunc by UNITED STATES POSTAL SERVICE. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Tilghman, Michael) (Entered: 06/30/2021)
2021-07-2023MOTION for Extension of Time, MOTION for Order by JASON PAUL SCHAEFER. (ztd) (Entered: 07/23/2021)
2021-08-04MINUTE ORDER: Finding as moot Plaintiff's 21 Motion for Order regarding prison law library; Granting Defendant's 22 Motion for Leave to File Response to 21 ; Granting Plaintiff's 23 Motion for Extension of Time to file response to Motion for Summary Judgment. Plaintiff shall file his response by 10/4/21. The Clerk of the Court shall mail a copy of this order to Plaintiff at his address of record, along with a copy of this court's 04/09/2021 Order 18 . Signed by Judge Tanya S. Chutkan on 8/4/21. (DJS) (Entered: 08/04/2021)
2021-08-0424Memorandum in opposition to re 21 MOTION for Order filed by UNITED STATES POSTAL SERVICE. (ztd) (Main Document 24 replaced on 8/12/2021) (ztd). (Entered: 08/06/2021)
2021-08-06Set/Reset Deadlines: Response to Motion for Summary Judgment due by 10/4/2021. (tb) (Entered: 08/06/2021)
2021-09-0325NOTICE of Change of Address by JASON PAUL SCHAEFER (ztd) (Entered: 09/14/2021)
2021-10-0626MOTION to Hold in Abeyance by JASON PAUL SCHAEFER. (znmw) (Entered: 10/08/2021)
2021-10-1827RESPONSE re 26 MOTION to Hold in Abeyance filed by UNITED STATES POSTAL SERVICE. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 10/18/2021)
2021-10-26MINUTE ORDER: Plaintiff's Motion to hold this case in abeyance and Motion for Appointment of Counsel 26 , is hereby GRANTED in part and DENIED in part. The Motion is GRANTED to the extent Plaintiff seeks to stay this action until completion of his prison transfer. This action is STAYED until further order of the court, but Plaintiff shall file a status report by December 15, 2021 and every 60 days thereafter. Should Plaintiff seek to lift the stay and move forward with this action, the status report shall be accompanied by a proposed order. The motion is DENIED with respect to Plaintiff's request for appointment of counsel. In this district, appointment of counsel from the Civil Pro Bono Panel is available to pro se plaintiffs who are proceeding in forma pauperis. See LCvR 83.11(b)(3). Plaintiff is not proceeding in forma pauperis and has not demonstrated that he qualifies for this status. Moreover, even if he did quality for in forma pauperis status, a decision on whether to appoint counsel "must take into account, among other things, the nature and complexity of the action, the potential merit of the pro se party's claims, the demonstrated inability of the pro se party to retain counsel by other means, and the degree to which the interests of justice will be served by appointment of counsel." Plummer v. D.C., No. CIV.A.07-1161 RMU, 2008 WL 3972183, at *2 (D.D.C. Aug. 27, 2008); LCvR 83.11(b)(3). Plaintiff has not provided information regarding any efforts to secure counsel and the court is not convinced that the nature and complexity of the case, nor the potential merits of the case warrant appointment of counsel.The Clerk of the Court shall mail a copy of this Order to Plaintiff at his address of record. Signed by Judge Tanya S. Chutkan on 10/26/21. (DJS) (Entered: 10/26/2021)
2021-10-26MINUTE ORDER: In light of the 10/26/21 order staying this action, this action is hereby ADMINISTRATIVELY CLOSED. Plaintiff shall continue filing status reports as required by this court's 10/12/21 Minute Order. Either party may move to return this action to the court's active docket. Signed by Judge Tanya S. Chutkan on 10/26/21. (DJS) (Entered: 10/26/2021)
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