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Case TitleBIGGINS v. UNITED STATES POSTAL SERVICE
DistrictDistrict of New Jersey
CityTrenton
Case Number3:2022cv06310
Date Filed2022-10-27
Date ClosedOpen
JudgeJudge Michael A. Shipp
PlaintiffTHOMAS A. BIGGINS
Case DescriptionThomas Biggins submitted FOIA requests to U.S. Postal Service for records concerning the operation of the Princeton Junction post office. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Biggins filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES POSTAL SERVICE
DefendantPHILIP R. SELLINGER U.S. ATTORNEY FOR THE DISTRICT OF NEW JERSEY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-10-271Complaint Received. (Attachments: # 1 Civil Cover Sheet, # 2 Application IFP, # 3 Text of Proposed Order, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E)(kht) (Entered: 10/28/2022)
2022-10-282Notice of Guidelines for Appearing Pro Se (kht) (Entered: 10/28/2022)
2023-01-103Order Granting 1 -2 IFP Application; and the Clerk of the Court is directed to file the Complaint; and it is further Ordered that the Clerk issue a summons and the U.S. Marshal serve a copy of the Complaint, summons, and this Order upon the Defendants. Signed by Judge Michael A. Shipp on 1/10/2023. (jdg, ) (Entered: 01/10/2023)
2023-01-10COMPLAINT filed. See docket entry 1 .(jdg) (Entered: 01/10/2023)
2023-01-104CLERK'S LETTER: Transmittal of USM 285 Forms. (jdg, ) (Entered: 01/10/2023)
2023-02-145NOTICE of Appearance by KEVIN JAMES MAGGIO on behalf of UNITED STATES POSTAL SERVICE (MAGGIO, KEVIN) (Entered: 02/14/2023)
2023-02-23CERTIFICATE of Clerk: USM-285 forms received for ATTORNEY GENERAL OF UNITED STATES, UNITED STATES POSTAL SERVICE, and PHILLIP R. SELLINGER, U.S. ATTORNEY FOR THE DISTRICT OF NEW JERSEY. (mg) (Entered: 02/23/2023)
2023-02-236SUMMONS ISSUED as to UNITED STATES POSTAL SERVICE. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (mg) (Entered: 02/23/2023)
2023-02-247CONSENT & REGISTRATION form to receive documents electronically by THOMAS A. BIGGINS. (Received via Help Desk) (mlh) (Entered: 02/24/2023)
2023-03-178SUMMONS Returned Executed by USMS. PHILIP R. SELLINGER served on 3/10/2023, answer due 5/9/2023. (mg, ) (Entered: 03/17/2023)
2023-03-249SUMMONS Returned Executed by USMS PHILIP R. SELLINGER served on 3/23/2023, answer due 4/13/2023. (jal, ) (Entered: 03/24/2023)
2023-03-2710SUMMONS Returned Executed by US Marshals. UNITED STATES POSTAL SERVICE served on 3/24/2023, answer due 5/24/2023.(mg) (Entered: 03/27/2023)
2023-04-06CLERK'S QUALITY CONTROL MESSAGE - Please note the SUMMONS Returned Executed attached to docket entry 9 filed by the Clerk's office on 3/24/2023 was docketed in error. Please disregard. (jal, ) (Entered: 04/06/2023)
2023-04-0611SUMMONS Returned Executed by USMS. USA served on 3/23/2023, answer due 5/22/2023. (jal, ) (Entered: 04/06/2023)
2023-04-1712Application and Proposed Order for Clerk's Order to extend time to answer. (MAGGIO, KEVIN) (Entered: 04/17/2023)
2023-04-18Clerk`s Text Order - The document 12 Application for Clerk's Order to Ext Answer/Proposed Order submitted by PHILIP R. SELLINGER, UNITED STATES POSTAL SERVICE has been GRANTED. The answer due date has been set for 5/8/2023. (mg) (Entered: 04/18/2023)
2023-04-2713Letter from USPS Requesting 60-Day Extension of Time to Respond to Complaint. (MAGGIO, KEVIN) (Entered: 04/27/2023)
2023-04-2814LETTER ORDER granting the USPS a 60-day extension of time to answer, move or otherwise respond to the Complaint. Signed by Magistrate Judge Douglas E. Arpert on 4/28/2023. (jjc) (Entered: 04/29/2023)
2023-07-0715MOTION to Dismiss for Lack of Jurisdiction by UNITED STATES POSTAL SERVICE. Responses due by 7/24/2023. (Attachments: # 1 Brief in support of Defendant's Motion to Dismiss, # 2 Declaration of Kevin J. Maggio and Exhibits 1-7 thereto, # 3 Declaration of Mark A. Grenier, # 4 Declaration of Thomas Maricic, # 5 Text of Proposed Order, # 6 Certificate of Service)(MAGGIO, KEVIN) (Entered: 07/07/2023)
2023-07-07Set Deadlines as to 15 MOTION to Dismiss for Lack of Jurisdiction . Motion set for 8/7/2023 before Judge Michael A. Shipp. 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. (jal, ) (Entered: 07/07/2023)
2023-10-1616TEXT ORDER: This matter comes before the Court upon review of the docket. On July 7, 2023, Defendant U.S. Postal Service filed a Motion to Dismiss for Lack of Jurisdiction. (ECF No. 15 .) Plaintiff Thomas A. Biggins ("Plaintiff") has not yet opposed. If Plaintiff opposes Defendant's Motion, he must file his opposition by November 16, 2023, and Defendant may file a reply by November 27, 2023. If Plaintiff fails to file an opposition, the Motion will be deemed unopposed. Defendant must serve a copy of this text order upon Plaintiff and e-file proof of service by October 19, 2023. So Ordered by Judge Michael A. Shipp on October 16, 2023. (jdb) (Entered: 10/16/2023)
2023-10-1917CERTIFICATE OF SERVICE by PHILIP R. SELLINGER, UNITED STATES POSTAL SERVICE re 16 Order,, (BASIAK, JOHN) (Entered: 10/19/2023)
2023-11-1418Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion re 15 MOTION to Dismiss for Lack of Jurisdiction by THOMAS A. BIGGINS.(Filed via ECF Help Desk) (amv) (Entered: 11/15/2023)
2023-11-15CLERK'S QUALITY CONTROL MESSAGE - Please be advised that the 18 Letter Rule 7.1 can not be granted by the Clerk's Office. This request has been forwarded to Chambers. (amv) (Entered: 11/15/2023)
2023-11-1619LETTER ORDER granting the new return date of 12/18/2023 to the 15 Motion to Dismiss. Signed by Judge Michael A. Shipp on 11/15/2023. (kht) (Entered: 11/16/2023)
2023-11-16Reset Deadlines as to 15 MOTION to Dismiss for Lack of Jurisdiction . Motion set for 12/18/2023 before Judge Michael A. Shipp. 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. (kht) (Entered: 11/16/2023)
2023-12-1520LETTER MOTION for Extension of Time to File Answer to Motion to Dismiss by THOMAS A. BIGGINS. (Received via ECF Help Desk) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(mlh) (Entered: 12/15/2023)
2023-12-15Set Deadlines as to 20 MOTION for Extension of Time to File Answer to Motion to Dismiss. Motion set for 1/16/2024 before Magistrate Judge Douglas E. Arpert. 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. (mlh) (Entered: 12/15/2023)
2024-01-0821ORDER granting Plaintiff a 60 day extension of time in which to answer, amend complaint, or otherwise respond to USPS's motion to dismiss. Signed by Magistrate Judge Douglas E. Arpert on 1/8/2024. (jdg) (Entered: 01/08/2024)
2024-04-1522TEXT ORDER: On December 15, 2023, Plaintiff filed a letter motion for a 60-day extension of time to respond to Defendant's motion to dismiss. (ECF No. 20 .) On January 8, 2024, the Court granted Plaintiff's request. (ECF No. 21 .) More than 60 days has passed, and Plaintiff has yet to respond. The Court grants Plaintiff a final opportunity to file a response by April 25, 2024. Should Plaintiff fail to respond, the motion will be considered as unopposed. So Ordered by Judge Michael A. Shipp on 4/15/2024. (jdb) (Entered: 04/15/2024)
2024-05-2923TEXT ORDER: On July 7, 2023, Defendant filed a motion to dismiss pro se Plaintiff's Complaint (ECF No. 1 ) for lack of jurisdiction (ECF No. 15 ). Since Defendant's motion was filed, the Court granted Plaintiff several opportunities to file an opposition brief. (ECF Nos. 16, 19 , 21 .) On April 15, 2024, the Court granted Plaintiff a final opportunity to file a response to Defendant's motion by April 25, 2024. (ECF No. 22.) Given that Plaintiff has failed to provide any response, the Court will consider Defendant's motion as unopposed. The Clerk shall reinstate Defendant's motion (ECF No. 15 ) effective May 29, 2024. So Ordered by Judge Michael A. Shipp on 5/29/2024. (jab) (Entered: 05/29/2024)
2024-06-11Magistrate Judge Justin T. Quinn added. Magistrate Judge Douglas E. Arpert no longer assigned to case. (gxh) (Entered: 06/11/2024)
2024-07-2224Letter Motion requesting a thirty (30) day extension to amend the complaint from THOMAS A. BIGGINS. (Received via Help Desk)(kht) Modified on 7/23/2024 (eh). (Entered: 07/22/2024)
2024-07-2325LETTER ORDER granting 24 Letter Motion requesting a thirty (30) day extension. Plaintiff is to file his opposition to Defendant's dispositive motion by 8/23/2024. Signed by Magistrate Judge Justin T. Quinn on 7/23/2024. (mlh) (Entered: 07/24/2024)
2024-07-2426CERTIFICATE OF SERVICE by UNITED STATES POSTAL SERVICE re 25 Order on Motion for Miscellaneous Relief (MAGGIO, KEVIN) (Entered: 07/24/2024)
2024-07-2927PRAECIPE for Withdrawal and Revocation of Consent to Receive Documents Electronically by THOMAS A. BIGGINS. (Filed via ECF Help Desk) (amv) (Entered: 07/29/2024)
2024-08-2328LETTER MOTION to Judge Quinn for 20 day extension of time to file response to Motion to Dismiss by THOMAS A. BIGGINS. (Received via ECF Help Desk) (mlh) (Entered: 08/23/2024)
2024-08-23Set Deadlines as to 28 MOTION for Extension of Time to File Response/Reply. Motion set for 9/16/2024 before Magistrate Judge Justin T. Quinn. 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. (mlh) (Entered: 08/23/2024)
2024-08-2829TEXT ORDER granting 28 Plaintiff's request for a twenty-day extension to respond to the motion to dismiss. So Ordered by Magistrate Judge Justin T. Quinn on 8/28/2024. (eh, ) (Entered: 08/28/2024)
2024-08-2930CERTIFICATE OF SERVICE by UNITED STATES POSTAL SERVICE re 29 Order on Motion for Extension of Time to File Response/Reply (MAGGIO, KEVIN) (Entered: 08/29/2024)
2024-09-1631LETTER MOTION to Judge Quinn for 30 day extension of time to file response to Motion to Dismiss by THOMAS A. BIGGINS. (Received via ECF Help Desk)(jal, ) (Entered: 09/16/2024)
2024-09-16Set Deadlines as to 31 MOTION for Extension of Time to File Response/Reply. Motion set for 10/21/2024 before Magistrate Judge Justin T. Quinn. 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. (jal, ) (Entered: 09/16/2024)
2024-09-1832Letter from USPS in Opposition to Plaintiff's Fifth Extension Request and/or Request to Amend Complaint re 31 MOTION for Extension of Time to File Response/Reply. (Attachments: # 1 Certificate of Service)(MAGGIO, KEVIN) (Entered: 09/18/2024)
2024-09-1933TEXT ORDER: The Court will grant Plaintiff's fifth request 31 to extend the date by which Plaintiff must oppose the pending motion to dismiss. That said, Plaintiff must oppose the motion within 15 days. In other words, Plaintiff's opposition must be filed by October 4, 2024. No further extensions will be permitted. And to the extent Plaintiff wishes to file "a cross motion" to amend his complaint, that cross motion must be filed on October 4, 2024 with this opposition and conform in all respects with Local Civil Rule 15.1, which requires Plaintiff to, among other things, attach a copy of the proposed amended pleading to the motion and "indicate in what respect(s) it differs from the pleading which it proposes to amend, by bracketing or striking through materials to be deleted and underlining materials to be added." So Ordered by Magistrate Judge Justin T. Quinn on 9/19/2024. (eh, ) (Entered: 09/19/2024)
2024-09-19CLERK'S NOTE: #33 Text Order mailed to plaintiff. (eh, ) (Entered: 09/19/2024)
2024-09-1934Letter from THOMAS A. BIGGINS in response to 32 letter in Opposition filed by USPS. (Filed via ECF Help Desk) (jal, ) (Entered: 09/20/2024)
2024-09-2035Superseding Letter from THOMAS A. BIGGINS in response to 32 letter in Opposition filed by USPS. (Received via Help Desk)(kht) (Entered: 09/20/2024)
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by FOIA Project Staff
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