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Case TitleEsrati v. U.S. Department of Justice et al
DistrictSouthern District of Ohio
CityDayton
Case Number3:2021cv00218
Date Filed2021-08-10
Date Closed2022-06-29
JudgeJudge Sarah D. Morrison
PlaintiffDavid Esrati
Case DescriptionDavid Estrati submitted a FOIA request to the Department of Justice for records concerning for a presentation before the grand jury investigating him. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Estrati filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Recovery of Costs

DefendantU.S. Department of Justice Southern District of Ohio
DefendantFederal Bureau of Investigations
AppealSixth Circuit 22-3679
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [8]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-08-101COMPLAINT with Jury Demand against Federal Bureau of Investigations, U.S. Department of Justice, filed by David Esrati. (Attachments: # 1 Civil Cover Sheet) (pb) Modified on 10/12/2021 (bjr). (Entered: 08/10/2021)
2021-08-102Summons Issued as to Federal Bureau of Investigations, U.S. Department of Justice, U.S. Attorney (pb) (Entered: 08/10/2021)
2021-08-113SUMMONS Returned Executed as to Defendant U.S. Attorney Department of Justice served on 8/11/2021, answer due 10/13/2021. Plaintiff insist the service is adequate via residential service by placing service under the door of the U.S. Attorney's Office, 200 W. Second Street, Room 602, Dayton, Ohio 45402 (pb) (Entered: 08/11/2021)
2021-08-135Filing fee: $ 402.00, receipt number 300DAY025247 (pb) (Entered: 08/13/2021)
2021-08-166RELATED CASE MEMORANDUM ORDER: The Judges agree that this case and case number 3:19-cv-251 are NOT related. Signed by Judge Michael J. Newman on 8/16/21. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 08/16/2021)
2021-08-277SUMMONS Returned Executed as to Defendants Federal Bureau of Investigations, U.S. Department of Justice. Federal Bureau of Investigations served on 8/12/2021, answer due 10/12/2021; U.S. Department of Justice served on 8/19/2021, answer due 10/18/2021. (pb) (Entered: 08/27/2021)
2021-09-018NOTICE - 1. Parties are not permitted to have ex-parte communications with the Court. This means that you cannot communicate with the Court about the merits of your case, orally or in writing, without the other partys participation. 2. You must tell the Court and the other partys attorney, in writing, of changes to your address and/or telephone number. 3. Because pro se litigants do not have access to the Courts electronic filing system, they are required to mail a copy of anything they file with the Court to the other party's attorney and enclose a signed Certificate of Service. This requirement can be avoided if: (1) the pro se litigant personally brings the filing to the Clerk of Courts office for filing; (2) the attorney(s) for the other party agree to receive service solely through the Court's CM/ECF filing system; and (3) the Certificate of Service in the pro se litigants filing states that service will be made solely through the Courts CM/ECF filing system and counsel for the opposing party has so consented. 4. Pro se litigants are encouraged to read the Court's Guide for Pro Se Civil Litigants, which can be found at http://www.ohsd.uscourts.gov/pro-sehandbook. Signed by Judge Michael J. Newman on 8/31/21. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 09/01/2021)
2021-09-149MOTION for Extension of Time New date requested 10/11/2021. by Defendants Federal Bureau of Investigations, U.S. Department of Justice. (Horwitz, Matthew) (Entered: 09/14/2021)
2021-09-1410RESPONSE in Opposition re 9 MOTION for Extension of Time New date requested 10/11/2021. filed by Plaintiff David Esrati. (pb) (Entered: 09/14/2021)
2021-09-1511MOTION request to E-file by Plaintiff David Esrati. (pb) (Entered: 09/15/2021)
2021-09-1612REPLY to Response to Motion re 9 MOTION for Extension of Time New date requested 10/11/2021. filed by Defendants Federal Bureau of Investigations, U.S. Department of Justice. (Horwitz, Matthew) (Entered: 09/16/2021)
2021-09-17NOTATION ORDER granting 9 Defendants' Motion for Extension of Time to Answer, Move, or Plead. Defendants shall answer, move, or plead in response to Plaintiff Complaint (Doc. # 1 ) by 10/11/2021. Signed by Magistrate Judge Peter B. Silvain, Jr. on 9/17/2021. (lk)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 09/17/2021)
2021-09-17Set/Reset Deadlines: All Defendants' answer due 10/11/2021. (lk) (Entered: 09/17/2021)
2021-09-17NOTATION ORDER denying 11 Plaintiff's Request to E-file. Signed by Magistrate Judge Peter B. Silvain, Jr. on 9/17/2021. (lk)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 09/17/2021)
2021-10-0113MOTION for reversal of decision to deny pro -se Litigant access electronic filing using the PACER system. (Entitled Plaintiff's Appeal of PACER E-File Deniel) re 9/17/21 NOTATION ORDER denying 11 Plaintiff's Request to E-file. by Plaintiff David Esrati. (pb) (Entered: 10/01/2021)
2021-10-0714NOTICE by Defendant U.S. Department of Justice of Filing of Declaration (Attachments: # 1 Affidavit Declaration of Theodore B. Smith) (Horwitz, Matthew) (Entered: 10/07/2021)
2021-10-0715MOTION to Dismiss for Lack of Jurisdiction by Defendant U.S. Department of Justice. (Horwitz, Matthew) (Entered: 10/07/2021)
2021-10-0716ANSWER to 1 Complaint filed by Federal Bureau of Investigations, U.S. Department of Justice. (Horwitz, Matthew) (Entered: 10/07/2021)
2021-10-1517Plaintiff's Response to Partial Motion to Dismiss re 15 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff, David Esrati. (Attachments: # 1 Attachments 1 - 5) (bjr) (Entered: 10/15/2021)
2021-10-2918REPLY to Response to Motion re 15 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant U.S. Department of Justice. (Horwitz, Matthew) (Entered: 10/29/2021)
2021-11-0519Plaintiff's 2nd Response to Partial Motion to Dismiss re 15 Defendants', MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff, David Esrati. (Attachments: # 1 Attachment) (bjr) (Entered: 11/05/2021)
2022-02-2520NOTICE by Defendant Federal Bureau of Investigations of Filing Declaration of Michael G. Seidel (Attachments: # 1 Affidavit Declaration of Michael G. Seidel) (Horwitz, Matthew) (Entered: 02/25/2022)
2022-02-2521MOTION for Summary Judgment by Defendant Federal Bureau of Investigations. (Horwitz, Matthew) (Entered: 02/25/2022)
2022-03-0122NOTICE TO PRO SE PLAINTIFF OF DEFENDANT FEDERAL BUREAU OF INVESTIGATIONS' MOTION FOR SUMMARY JUDGMENT (Doc. No. 21 ). Signed by Judge Michael J. Newman on 3/1/22. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 03/01/2022)
2022-03-0323NOTICE by Defendants Federal Bureau of Investigations, U.S. Department of Justice re 20 Notice (Other), 21 MOTION for Summary Judgment Regarding Service (Horwitz, Matthew) (Entered: 03/03/2022)
2022-03-3024RESPONSE in Opposition {Entitled - Plaintiff's Opposition To FBI Motion for Summary Judgement} re 21 MOTION for Summary Judgment filed by Plaintiff David Esrati. (pb) (Entered: 03/30/2022)
2022-04-1125REPLY to Response to Motion re 21 MOTION for Summary Judgment filed by Defendant Federal Bureau of Investigations. (Horwitz, Matthew) (Entered: 04/11/2022)
2022-04-1826ORDER OF RECUSAL. Judge Michael J. Newman recused. Case reassigned to Judge Thomas M. Rose for all further proceedings. Signed by Judge Michael J. Newman on 4/18/22. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 04/18/2022)
2022-04-2027ORDER TRANSFERRING CASE - IT IS ORDERED that the above captioned matter be transferred from the docket of the Honorable Thomas M. Rose, to the Honorable Algenon L. Marbley, Chief Judge, for reassignment in either the Cincinnati Division or Columbus Division, in the Southern District of Ohio. Signed by Judge Thomas M. Rose on 4/20/22. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 04/20/2022)
2022-04-26Judge Michael H. Watson added. Chief Judge Algenon L. Marbley no longer assigned to case. (jcw) (Entered: 04/26/2022)
2022-05-3128ORDER: Judge Michael H. Watson recused. Case reassigned to Judge Sarah D. Morrison for all further proceedings. Signed by Judge Michael H. Watson on 5/31/2022. (daf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 05/31/2022)
2022-06-0929ORDER GRANTING 13 MOTION for Reconsideration re Order on Motion for Miscellaneous Relief/access to e-filing to the Pacer system filed by David Esrati. This motion is GRANTED to the extent that he may participate in e-filing only as to this particular case and conditional on his compliance with all applicable e-filing requirements. Signed by Judge Sarah D. Morrison on 6/9/2022. (tb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 06/09/2022)
2022-06-2930ORDER DENYING Defendant DOJ's 15 Partial Motion to Dismiss for Lack of Jurisdiction; and GRANTING Defendants' 21 Motion for Summary Judgment. Signed by Judge Sarah D. Morrison on 6/29/2022. (tb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 06/29/2022)
2022-06-2931JUDGMENT entered pursuant to the Order signed by Judge Sarah D. Morrison on 6/29/2022. (tb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 06/29/2022)
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