| Date Filed | Doc # | Docket Text |
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| 2022-12-29 | 1 | COMPLAINT MOTION for Writ of Mandamus filed by Petitioner Tiwanda Lovelace. (Attachments: # 1 Verification, # 2 Appendix Exhibits for Writ of Mandamus, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20, # 23 Exhibit 21, # 24 Exhibit 22, # 25 Exhibit 23, # 26 Exhibit 24, # 27 Exhibit 25, # 28 Exhibit 26, # 29 Exhibit 27, # 30 Exhibit 28, # 31 Exhibit 29, # 32 Exhibit 30, # 33 Exhibit 31, # 34 Exhibit 32, # 35 Exhibit 33, # 36 Exhibit 34, # 37 Exhibit 35, # 38 Exhibit 36, # 39 Exhibit 37, # 40 Text of Proposed Order Writ of Mandamus, # 41 Civil Cover Sheet)(mh) (Additional attachment(s) added on 1/13/2023: # 42 Exhibit 8 Rescanned for image quality, # 43 Exhibit 10 Rescanned for image quality, # 44 Exhibit 11 Rescanned for image quality, # 45 Exhibit 14 Rescanned for image quality, # 46 Exhibit 22 Rescanned for image quality) (jwt). Modified by editing docket text on 8/2/2023 (dle). (Entered: 12/29/2022) |
| 2022-12-29 | 2 | Full Filing fee: $ 402 received, receipt number 763 (mh) (Entered: 12/29/2022) |
| 2022-12-29 | 3 | NOTICE of Email Filing and Notification Form by Tiwanda Lovelace (mh) (Entered: 12/29/2022) |
| 2022-12-29 | 4 | Summons Issued as to Department of Justice-Office of the Assistant Attorney General. (mh) (Entered: 12/29/2022) |
| 2022-12-29 | 5 | Summons Issued as to Department of Justice-Federal Bureau of Investigations. (mh) (Entered: 12/29/2022) |
| 2022-12-29 | 6 | Summons Issued as to Department of Justice. (mh) (Entered: 12/29/2022) |
| 2023-01-03 | 7 | DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Cecilia M. Romero under 28:636 (b)(1)(B), Magistrate to handle case up to and including R&R on all dispositive matters. No attached document. Motions referred to Cecilia M. Romero. Signed by Judge Howard C. Nielson, Jr on 1/3/23. (dla) (Entered: 01/03/2023) |
| 2023-01-11 | 12 | SUMMONS Returned Executed as to Dept. of Justice FBI on 1/5/2023 by Tiwanda Lovelace. (dle) Modified on 1/17/2023 correcting filing date (jwt). (Entered: 01/12/2023) |
| 2023-01-12 | 8 | Summons Issued as to US Attorney General. (ks) (Entered: 01/12/2023) |
| 2023-01-12 | 9 | Summons Issued as to Civil Process Clerk. (ks) (Entered: 01/12/2023) |
| 2023-01-12 | 10 | Summons Issued as to Assistant Attorney General for Administration. (ks) (Entered: 01/12/2023) |
| 2023-01-12 | 11 | Summons Issued as to Civil Division. (ks) (Entered: 01/12/2023) |
| 2023-01-12 | 12 | SUMMONS Returned Executed as to Dept. of Justice FBI on 1/5/2023 by Tiwanda Lovelace. (dle) (Entered: 01/12/2023) |
| 2023-01-18 | 13 | SUMMONS Returned Executed as to Civil Division, Brian P. Hudak, Chief, by Tiwanda Lovelace. (dle) (Entered: 01/18/2023) |
| 2023-01-18 | 14 | SUMMONS Returned Executed as to Office of the Assistant Attorney General, by Tiwanda Lovelace. (dle) (Entered: 01/18/2023) |
| 2023-02-02 | 15 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Respondent Department of Justice. (Attachments: # 1 Exhibit 1 (Declaration of Michael Seidel with exhibits)) Motions referred to Cecilia M. Romero. Attorney Amanda A. Berndt added to party Department of Justice(pty:res)(Berndt, Amanda) (Entered: 02/02/2023) |
| 2023-02-02 | 16 | SUMMONS Returned Executed as to Civil Process Clerk U.S. Attorney's Office for D.C. Assistant Attorney General for Administration U.S. Department of Justice on 1/20/2023 by Tiwanda Lovelace. (dle) Modified on 2/23/2023 correcting filing date and name of party served (jwt). (Entered: 02/06/2023) |
| 2023-02-02 | 21 | SUMMONS Returned Executed as to Civil Process Clerk, U.S. Attorney's Office for D.C. on 1/20/2023 by Tiwanda Lovelace. (dle) (Entered: 02/10/2023) |
| 2023-02-03 | 17 | SUMMONS Returned Executed Dept. of Justice OIG on 12/30/2022 by Tiwanda Lovelace. (dle) (Entered: 02/06/2023) |
| 2023-02-03 | 18 | SUMMONS Returned Executed as to U.S. Attorney General on 1/24/2023 by Tiwanda Lovelace. (dle) (Entered: 02/06/2023) |
| 2023-02-06 | 19 | MEMORANDUM in Opposition to 15 Motion to Dismiss, filed by Petitioner Tiwanda Lovelace. (dle) (Entered: 02/06/2023) |
| 2023-02-06 | 20 | MEMORANDUM in Opposition re 15 MOTION to Dismiss for Failure to State a Claim filed by Petitioner Tiwanda Lovelace (slight differences between this and 19 Memorandum). (Attachments: # 1 Appendix Index, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4) (alt) (Entered: 02/07/2023) |
| 2023-02-21 | 22 | REPLY to Response to Motion re 15 MOTION to Dismiss for Failure to State a Claim filed by Respondent Department of Justice. (Berndt, Amanda) (Entered: 02/21/2023) |
| 2023-04-19 | 23 | NOTICE of Change of Address by Tiwanda Lovelace. (dle) (Entered: 04/19/2023) |
| 2023-07-28 | 24 | REPORT AND RECOMMENDATION: IT IS HEREBY RECOMMENDED that Defendant's Motion to Dismiss (ECF 15 ) be GRANTED and Plaintiff's Complaint (ECF 1 ) be DISMISSED without prejudice. Copies of this Report and Recommendation are being sent to all parties who are hereby notified of their right to object. Within fourteen (14) days of being served with a copy, any party may serve and file written objections. Failure to object may constitute a waiver of objections upon subsequent review. Signed by Magistrate Judge Cecilia M. Romero on 7/28/23. (dle) (Entered: 07/28/2023) |
| 2023-08-04 | 25 | OBJECTION to 24 Report and Recommendations filed by Tiwanda Lovelace (alt) (Entered: 08/04/2023) |
| 2023-08-04 | 26 | CORRECTED MISSING EXHIBITS FOR re 25 Objection to Report and Recommendations filed by Tiwanda Lovelace. (Attachments: # 1 Exhibit 1 -Letter dated May 20, 2022, # 2 Exhibit 2 -Two copies of the missing June 9, 2015 - DOJ OIG, # 3 Exhibit 3 -The Letter dated November 19, 2002, # 4 Exhibit 4 - Letter date as recent as August 2, 2019, # 5 Exhibit 5 - Petitioner's previously submitted 9-1-22, # 6 Exhibit 6 - Petitioner's previously submitted 10-26-22, # 7 Exhibit 7 - Letter dated November 18, 2022)(nl) (Entered: 08/07/2023) |
| 2023-08-04 | 27 | CORRECTED OBJECTION TO ORDER OF DISMISSAL to 25 Objection to Report and Recommendations filed by Tiwanda Lovelace. (nl) (Entered: 08/07/2023) |
| 2023-08-04 | 28 | MISSING EXHIBITS FOR 0BJECTION TO ORDER OF DISMISSAL filed by Tiwanda Lovelace re 27 Objections. (Attachments: # 1 Exhibit 1 - Letter dated May 20, 2022, # 2 Exhibit 2 - Two copies of the missing June 9, 2015 - DOJ OIG, # 3 Exhibit 3 -The Letter dated November 19, 2002, # 4 Exhibit 4 - Letter date as recent as August 2, 2019, # 5 Exhibit 5 - Petitioner's previously submitted 9-1-22, # 6 Exhibit 6 - Petitioner's previously submitted 10-26-22, # 7 Exhibit 7 - Letter dated November 18, 2022)(nl) (Entered: 08/07/2023) |
| 2023-08-07 | 29 | MOTION for Court to Order Clerks to Provide Corrected Objection With Missing Exhibits Filed 08/04/2023 at 4:10 PM filed by Petitioner Tiwanda Lovelace. Motions referred to Cecilia M. Romero.(nl) (Additional attachment(s) added on 10/5/2023: # 1 rescanned for OCR) (kb). (Entered: 08/07/2023) |
| 2023-08-25 | 30 | DOCKET TEXT ORDER: Defendant shall file a response to 27 Corrected Objection to Order of Dismissal and 25 Objection to 24 Report and Recommendations no later than September 11, 2023. Plaintiff may file a reply in support of her objection no later than September 25, 2023. SO ORDERED. No attached document Signed by Judge Howard C. Nielson, Jr on 8/25/23. (dle) (Entered: 08/25/2023) |
| 2023-08-29 | 31 | DOCKET TEXT ORDER denying 29 Motion to Compel as moot. Plaintiff requests a court order requiring the clerk's office to enter Plaintiff's Corrected Objection and Missing Exhibits as to the undersigneds 24 Report and Recommendation. On August 4, 2023, Plaintiff's 26 Corrected Missing Exhibits, 27 Corrected Objection, and 28 Missing Exhibits were entered on the docket by the clerk's office. Plaintiff's Motion is therefore DENIED as moot. Signed by Magistrate Judge Cecilia M. Romero on 8/29/2023. No attached document. (jfm) (Entered: 08/29/2023) |
| 2023-09-11 | 32 | Defendant's RESPONSE re 27 Objections, filed by Department of Justice. (Berndt, Amanda) (Entered: 09/11/2023) |
| 2023-09-22 | 33 | MOTION for Correction: Order Defendants to Acknowledge Petitioner's Change of Address Filed 04/19/2023; Request to Correct Filing Type Back to Writ/Petition, Not Complaint, filed by Petitioner Tiwanda Lovelace. Motions referred to Cecilia M. Romero. (dle) (Entered: 09/22/2023) |
| 2023-10-05 | 34 | Defendant's RESPONSE to Motion re 33 MOTION for Correction filed by Respondent Department of Justice. (Berndt, Amanda) (Entered: 10/05/2023) |
| 2023-10-26 | 35 | DOCKET TEXT ORDER finding as moot 33 Motion for Correction in light of Defendant's 34 Response indicating that Defendant has corrected Plaintiff's address. In addition, for good cause appearing, and because Defendant has no objection, the court hereby grants Plaintiff additional time to file a reply in support of her 27 Objection. Plaintiff's reply must be filed no later than November 10, 2023. Signed by Magistrate Judge Cecilia M. Romero on 10/26/2023. No attached document. (jfm) (Entered: 10/26/2023) |
| 2023-11-09 | 36 | Reply in Support of 27 Objection to Order of Dismissal re 15 MOTION to Dismiss for Failure to State a Claim filed by Petitioner Tiwanda Lovelace. (kpf) Modified by correcting docket entry relationship per 39 Docket Text Order on 4/17/2024 (dle). (Entered: 11/09/2023) |
| 2023-11-09 | 37 | MOTION for Correction to 36 , Request Docket Entry 27 and 28 be Listed as Single Entry, filed by Petitioner Tiwanda Lovelace. Motions referred to Cecilia M. Romero. (dle) (Entered: 11/13/2023) |
| 2024-03-29 | 38 | DOCKET TEXT ORDER. The Tenth Circuit has made clear that, under FOIA, exhaustion of administrative remedies is a "prudential consideration rather than a jurisdictional prerequisite." Hull v. I.R.S. Dept. of Treasury , 656 F.3d 1174, 1182 (10th Cir. 2011). This court accordingly will not rely on cases dismissing FOIA claims for failure to exhaust that were decided prior to Hull and appear to reflect a contrary understanding. Rather, the court will treat Defendant's allegation that Plaintiff has failed to exhaust her administrative remedies as an affirmative defense and will apply the ordinary rules governing the adjudication of such defenses. As the Tenth Circuit has explained: "A plaintiff need not anticipate in the complaint an affirmative defense that may be raised by the defendant; it is the defendant's burden to plead the affirmative defense." Fernandez v. Clean House, LLC , 883 F.3d 1296, 1299 (10th Cir. 2018). And "even after the defendant has pleaded an affirmative defense, the federal rules impose on the plaintiff no obligation to file a responsive pleading." Id. It follows that a claim may be dismissed at the pleadings stage based on an affirmative defense only when "the plaintiff pleads itself out of court -- that is, admits all the ingredients of an impenetrable defense." Xechem, Inc. v. Bristol-Myers Squibb Co. , 372 F.3d 899, 901 (7th Cir. 2004); see also Bistline v. Parker , 918 F.3d 849, 876 (10th Cir. 2019). The court is not persuaded that Plaintiff has done so here. The parties have, however, submitted materials outside the pleadings relating to whether Plaintiff exhausted her administrative remedies. In the interest of judicial efficiency, this court will, under Federal Rule of Civil Procedure 12(d), convert 15 Department of Justice's Motion to Dismiss Pursuant to Rule 12(b)(6) to a motion for summary judgment under Rule 56. No later than May 10, 2024, the parties may submit any additional materials they believe pertinent to the converted motion. SO ORDERED. No attached document. Signed by Judge Howard C. Nielson, Jr., on 03/27/2024. (mwp) (Entered: 03/29/2024) |
| 2024-04-17 | 39 | DOCKET TEXT ORDER granting 37 Motion to Amend/Correct. The court directs the docketing clerk to correct the docket text for Plaintiff's 36 Reply to reflect that this document was filed in support of Plaintiff's 27 Objection pursuant to the court's 35 Docket Text Order. Signed by Magistrate Judge Cecilia M. Romero on 4/17/2024. No attached document. (jfm) (Entered: 04/17/2024) |
| 2024-04-29 | 40 | MOTION to Correct Clerk's Clerical Mistake filed by Petitioner Tiwanda Lovelace. Motions referred to Cecilia M. Romero. (dle) (Entered: 04/30/2024) |
| 2024-07-09 | 41 | MEMORANDUM DECISION AND ORDER granting 15 Summary Judgment for Defendant. Signed by Judge Howard C. Nielson, Jr on 7/9/24. (dle) (Entered: 07/09/2024) |
| 2024-07-09 | 42 | JUDGMENT IN A CIVIL CASE: IT IS ORDERED AND ADJUDGED That summary judgment is granted in favor of Defendant and against Plaintiff. Case Closed. Magistrate Judge Cecilia M. Romero no longer assigned to case. Signed by Judge Howard C. Nielson, Jr on 7/9/24. (dle) (Entered: 07/09/2024) |
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