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Case TitleMARTINO v. UNITED STATES DEPARTMENT OF JUSTICE
DistrictDistrict of New Jersey
CityCamden
Case Number1:2021cv01342
Date Filed2021-01-28
Date Closed2024-07-29
JudgeJudge Edward S. Kiel
PlaintiffNICHOLAS KYLE MARTINO
Case DescriptionNicholas Kyle Martino submitted a FOIA request to the FBI and U.S. Marshals Service for records concerning the agencies surveillance of him. The agencies acknowledged receipt of the requests but after hearing nothing further from either agency, Martino filed suit.
Complaint issues: Failure to respond within statutory time limit, Fees

DefendantUNITED STATES DEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-01-281Complaint Received. (Attachments: # 1 COVER LETTER, # 2 Application IFP, # 3 ENVELOPE)(pr, ) (Entered: 01/28/2021)
2021-01-292ORDER Granting Plaintiff's IFP Application; Directing the clerk to file the complaint and the USM serve a copy of the complaint. Signed by Judge Noel L. Hillman on 1/29/2021. (pr,n.m) (Entered: 01/29/2021)
2021-01-29COMPLAINT 1 against UNITED STATES DEPARTMENT OF JUSTICE, filed by NICHOLAS KYLE MARTINO.(pr, ) (Entered: 01/29/2021)
2021-01-293CLERK'S LETTER: Transmittal of USM 285 Forms. 3 285 Forms sent to Plaintiff. (pr, ) (Entered: 01/29/2021)
2021-02-174CERTIFICATE of USMS, 285 form returned (tf, ) (Entered: 02/17/2021)
2021-02-175SUMMONS ISSUED as to UNITED STATES DEPARTMENT OF JUSTICE (tf, ) (Entered: 02/17/2021)
2021-03-056SUMMONS Returned Executed by NICHOLAS KYLE MARTINO. UNITED STATES ATTORNEY served on 2/26/2021, answer due 4/27/2021. UNITED STATES DEPARTMENT OF JUSTICE served on 3/3/2021 (tf, ) (Entered: 03/05/2021)
2021-03-267NOTICE of Appearance by PETER GREGORY VIZCARRONDO on behalf of UNITED STATES DEPARTMENT OF JUSTICE (VIZCARRONDO, PETER) (Entered: 03/26/2021)
2021-03-268Application and Proposed Order for Clerk's Order to extend time to answer as to Defendant United Stated Department of Justice.. (VIZCARRONDO, PETER) (Entered: 03/26/2021)
2021-03-26Clerk`s Text Order - The document 8 Application for Clerk's Order to Ext Answer/Proposed Order submitted by UNITED STATES DEPARTMENT OF JUSTICE has been GRANTED. The answer due date has been set for 4/12/2021. (tf, ) (Entered: 03/26/2021)
2021-04-059Letter from NICHOLAS KYLE MARTINO; re; request to receive docs. [7,8]. (tf, ) (Entered: 04/05/2021)
2021-04-1210ANSWER to Complaint by UNITED STATES DEPARTMENT OF JUSTICE.(VIZCARRONDO, PETER) (Entered: 04/12/2021)
2021-04-1311Order Initial Conference set for 5/25/2021 10:00 AM in Camden - Courtroom 3B before Magistrate Judge Ann Marie Donio. Signed by Magistrate Judge Ann Marie Donio on 4/13/2021. (tf, n.m.) (Entered: 04/13/2021)
2021-04-2212Letter from NICHOLAS KYLE MARTINO addressed to PETER GREGORY VIZCARRONDO; re Documents. (tf, ) (Entered: 04/22/2021)
2021-04-3013TEXT ORDER: The initial scheduling conference on 5/25/2021 at 10:00 A.M. shall be held VIA TELEPHONE. The parties shall utilize the following dial-in instructions for the conference call: 1-888-684-8852 / 2828702# / 654321#. Additionally, the joint discovery plan shall be filed on the docket by no later than 5/18/2021. SO ORDERED by Magistrate Judge Ann Marie Donio on 4/30/2021. (slc, n.m.) (Entered: 04/30/2021)
2021-05-1414MOTION for Judgment on the Pleadings by NICHOLAS KYLE MARTINO. (tf, ) (Entered: 05/14/2021)
2021-05-14Set/Reset Deadlines as to 14 MOTION for Judgment on the Pleadings. Motion set for 6/7/2021 before Judge Noel L. Hillman. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (tf, ) (Entered: 05/14/2021)
2021-05-1815Joint Discovery Plan by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Certificate of Service)(VIZCARRONDO, PETER) (Entered: 05/18/2021)
2021-05-1916Letter from NICHOLAS KYLE MARTINO re request to withdraw 14 MOTION for Judgment on the Pleadings. (tf, ) (Entered: 05/19/2021)
2021-05-1917MOTION to Amend Complaint by NICHOLAS KYLE MARTINO. (tf, ) (Entered: 05/19/2021)
2021-05-19Set/Reset Deadlines as to 17 MOTION to Amend Complaint. Motion set for 6/21/2021 before Magistrate Judge Ann Marie Donio. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (tf, ) (Entered: 05/19/2021)
2021-05-2018ORDER adjourning the telephonic Initial Scheduling Conference scheduled for May 25, 2021; dispositive motions shall be filed by no later than July 2, 2021. Signed by Magistrate Judge Ann Marie Donio on 5/20/2021. (tf, n.m.) (Entered: 05/20/2021)
2021-05-2119ORDERED that in consideration of Plaintiff's letter 16 stating that he withdraws his motion for judgment on the pleadings 14 , the Clerk shall terminate that motion. So Ordered by Judge Noel L. Hillman on 5/21/21. (gn) (Entered: 05/21/2021)
2021-06-0220Letter from Defendant United States Department of Justice re 17 MOTION to Amend/Correct Complaint. (Attachments: # 1 Exhibit A)(VIZCARRONDO, PETER) (Entered: 06/02/2021)
2021-06-1421ORDER denying without prejudice 17 Plaintiff's motion for leave to supplement the complaint. Signed by Magistrate Judge Ann Marie Donio on 6/14/2021. (tf, n.m.) (Entered: 06/14/2021)
2021-06-2422TEXT ORDER: Pursuant to L. CIV. R. 7.1.1 (eff. June 21, 2021), the parties, including intervening parties, are required to file a statement (separate from any pleading) containing specific information regarding third-party litigation funding. See L. Civ. R. 7.1.1(a)(1-3). This statement shall be filed within 45 days of the effective date of this Rule, or no later than August 5, 2021. SO ORDERED by Magistrate Judge Ann Marie Donio on 6/24/2021. (sb, ) (Entered: 06/24/2021)
2021-06-3023MOTION for Leave to Supplement Plaintiff's Complaint by NICHOLAS KYLE MARTINO. (Attachments: # 1 Amended Complaint, # 2 Envelope)(tf, ) (Entered: 06/30/2021)
2021-06-30Set/Reset Deadlines as to 23 MOTION for Leave to Supplement Plaintiff's Complaint. Motion set for 8/2/2021 before Magistrate Judge Ann Marie Donio. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (tf, ) (Entered: 06/30/2021)
2021-07-0124Letter from Defendant United States Department of Justice requesting adjournment of motion deadline. (Attachments: # 1 Text of Proposed Order)(VIZCARRONDO, PETER) (Entered: 07/01/2021)
2021-07-0625TEXT ORDER: The Court is in receipt of a letter from counsel for Defendant dated 7/1/2021 requesting an extension of time to file dispositive motions. Counsel shall advise the Court in writing as to whether Plaintiff consents to the request. SO ORDERED by Magistrate Judge Ann Marie Donio on 7/6/2021. (slc, n.m.) (Entered: 07/06/2021)
2021-07-0726Letter from Defendant United States Department of Justice re 25 Order,. (VIZCARRONDO, PETER) (Entered: 07/07/2021)
2021-07-0727TEXT ORDER: By consent of the parties, Defendant's application [D.I. 24] for an extension of time to file dispositive motions shall be, and is hereby, GRANTED. Dispositive motions shall be filed by no later than 10/29/2021. SO ORDERED by Magistrate Judge Ann Marie Donio on 7/7/2021. (slc, n.m.) (Entered: 07/07/2021)
2021-07-2828ORDER granting 23 Plaintiff's motion for leave to file a supplemental pleading; Plaintiff shall file a supplemental pleading within ten (10) days of entry of this Order. Signed by Magistrate Judge Ann Marie Donio on 7/27/2021. (tf, n.m.) (Entered: 07/28/2021)
2021-08-0529SUPPLEMENTAL COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE, filed by NICHOLAS KYLE MARTINO.(tf, ) (Entered: 08/05/2021)
2021-08-3030Letter from NICHOLAS KYLE MARTINO; Re: response to FBI Letter dated 7/29/2021. (tf, ) (Entered: 09/07/2021)
2021-10-2031Letter from Defendant United States Department of Justice requesting stay and adjournment of motion deadline. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(VIZCARRONDO, PETER) (Entered: 10/20/2021)
2021-10-2132ORDER the deadline to file dispositive motions, currently set for October 29, 2021 is adjourned by consent of the parties; Defendant shall provide a status report on the production in thirty (30) days from the entry of the within Order. Signed by Magistrate Judge Ann Marie Donio on 10/21/2021. (tf, n.m.) (Entered: 10/21/2021)
2021-11-2233STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration of Michael G. Seidel w/ exhibits, # 2 Declaration of Charlotte Luckstone)(VIZCARRONDO, PETER) (Entered: 11/22/2021)
2022-03-3034TEXT ORDER: Defendant shall provide a status report on the production of documents responsive to Plaintiff's FOIA requests by no later than 4/13/2022. SO ORDERED by Magistrate Judge Ann Marie Donio on 3/30/2022. (slc, n.m.) (Entered: 03/30/2022)
2022-04-1335STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (VIZCARRONDO, PETER) (Entered: 04/13/2022)
2023-05-0436Letter to Peter Vizcarrondo from NICHOLAS KYLE MARTINO regarding rolling release schedule. (alb, ) (Entered: 05/04/2023)
2023-06-3037NOTICE of Change of Address by NICHOLAS KYLE MARTINO (jab,N.M.) (Entered: 06/30/2023)
2023-07-2138Substitution of Attorney - Attorney PETER GREGORY VIZCARRONDO terminated. Attorney KRISTIN LYNN VASSALLO for UNITED STATES DEPARTMENT OF JUSTICE added.. (Attachments: # 1 Certificate of Service)(VASSALLO, KRISTIN) (Entered: 07/21/2023)
2023-10-2539TEXT ORDER: Defendant shall provide a status report on the production of documents responsive to Plaintiff's FOIA requests by no later than 11/15/2023. SO ORDERED by Magistrate Judge Ann Marie Donio on 10/25/2023. (slc, n.m.) (Entered: 10/25/2023)
2023-11-1540Letter from the Government respectfully providing an update on the production of records by FBI and USMS. (VASSALLO, KRISTIN) (Entered: 11/15/2023)
2023-11-2041TEXT ORDER: By consent, the parties shall submit a joint status report to the Court by no later than 12/15/2023. SO ORDERED by Magistrate Judge Ann Marie Donio on 11/20/2023. (slc, n.m.) (Entered: 11/20/2023)
2023-12-1542Letter from the Government, on behalf of all parties, respectfully providing an update in this case. (VASSALLO, KRISTIN) (Entered: 12/15/2023)
2023-12-2043LETTER ORDER granting the parties proposed schedule. The USMS will provide a draft Vaughn index to Mr. Martino by January 31, 2024. Mr. Martino will inform Government counsel which exemptions/documents he is challenging by February 7, 2023. The USMS will file its motion for summary judgment (addressing its search and the exemptions/documents Mr. Martino is challenging) by February 28, 2024. Signed by Magistrate Judge Ann Marie Donio on 12/19/2023. (alb, n.m.) Modified on 12/22/2023 (tf, ). (Entered: 12/20/2023)
2024-02-0744Letter from the Government, with the consent of all parties, respectfully requesting a stay of the briefing schedule and to provide an update by February 28. (VASSALLO, KRISTIN) (Entered: 02/07/2024)
2024-02-0845LETTER ORDER granting the Government's request to stay the current briefing schedule and to allow the USMS to provide an update to Mr. Martino and the Court by February 28, 2024, on the status of its search for and production of additional responsive records. Signed by Magistrate Judge Ann Marie Donio on 2/8/2024. (alb, ) (Entered: 02/09/2024)
2024-02-2846Letter from the Government, with the consent of all parties, respectfully updating the Court on the status of the USMS's search and requesting that the parties provide an update by April 7, 2024. (VASSALLO, KRISTIN) (Entered: 02/28/2024)
2024-03-0147LETTER ORDER Granting 46 the Government's request to process and produce the records to Plaintiff by 3/31/2024, and to permit the parties to update the Court by 4/7/2024. Signed by Magistrate Judge Ann Marie Donio on 3/1/2024. (jab,N.M.) (Entered: 03/01/2024)
2024-03-2548TEXT ORDER REASSIGNING CASE. Case reassigned to Judge Edward S. Kiel for all further proceedings. Judge Noel L. Hillman no longer assigned to case. So Ordered by Chief Judge Renee Marie Bumb on 3/25/2024. (mmb, ) (Entered: 03/25/2024)
2024-04-0549Letter from NICHOLAS KYLE MARTINO requesting an extension of time to update the Court on the status of this action. (Received via ECF Help Desk). (Attachments: # 1 Certificate of Service)(jab,N.M.) (Entered: 04/08/2024)
2024-04-1250Letter from the Government, on behalf of all parties, respectfully providing a status update and proposing a briefing schedule. (VASSALLO, KRISTIN) (Entered: 04/12/2024)
2024-04-1251LETTER ORDER Granting 50 the proposed briefing schedule. Defendant will file their Motion for Summary Judgment by June 14, 2024. Plaintiff will file his opposition by July 12, 2024. Defendant will file their reply brief by July 26, 2024. Signed by Magistrate Judge Ann Marie Donio on 4/12/2024. (jab,N.M.) (Entered: 04/12/2024)
2024-06-1452MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE. Responses due by 7/12/2024. (Attachments: # 1 Notice to Pro Se Litigant, # 2 Certificate of Service, # 3 Text of Proposed Order, # 4 Statement of Material Facts Not in Dispute, # 5 Brief, # 6 Declaration of Kathleene Molen, # 7 Molen Decl., Ex. A-F)(VASSALLO, KRISTIN) (Entered: 06/14/2024)
2024-06-17Set Deadlines as to 52 MOTION for Summary Judgment . Motion set for 7/15/2024 before Judge Edward S. Kiel. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (sms2) (Entered: 06/17/2024)
2024-07-2953ORDER Granting Defendant's 52 Motion for Summary Judgment; the Clerk of Court is directed to terminate the Motion at 52 and to enter judgment in defendant's favor; this action shall be marked closed. ***CIVIL CASE TERMINATED. Signed by Judge Edward S. Kiel on 7/29/2024. (sms2, n.m.) (Entered: 07/29/2024)
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