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Case TitleMID-ATLANTIC INNOCENCE PROJECT v. U.S. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv00870
Date Filed2023-03-30
Date ClosedOpen
JudgeJudge Timothy J. Kelly
PlaintiffMID-ATLANTIC INNOCENCE PROJECT
Case DescriptionMid-Atlantic Innocence Project submitted a FOIA request to the Department of Justice concerning George Eugene Napper relating to his criminal prosecution. MAIP also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, MAIP filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-03-301COMPLAINT against U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 402 receipt number ADCDC-9965473) filed by MID-ATLANTIC INNOCENCE PROJECT. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Gutman, Jeffrey) (Main Document 1 replaced on 4/4/2023) (zed). (Additional attachment(s) added on 4/4/2023: # 5 Exhibit A) (zed). (Entered: 03/30/2023)
2023-03-31Case Assigned to Judge Timothy J. Kelly. (zljn) (Entered: 03/31/2023)
2023-03-312SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zljn) (Entered: 03/31/2023)
2023-04-033MOTION for Order to Permit Filing of Redacted Exhibit to Complaint re 1 Complaint, by MID-ATLANTIC INNOCENCE PROJECT. (Gutman, Jeffrey) Modified event on 4/4/2023 (znmw). (Entered: 04/03/2023)
2023-04-04MINUTE ORDER granting Plaintiff's 3 Motion for Order to Permit Filing of Redacted Exhibit to Complaint. It is hereby ORDERED, for good cause shown, that the 3 Motion is GRANTED. The Clerk of Court is directed to place ECF No. 1-5 under seal. Further, Plaintiff is permitted to file a fully redacted exhibit to the 1 Complaint. Signed by Judge Timothy J. Kelly on 4/4/2023. (lctjk2) (Entered: 04/04/2023)
2023-04-044COMPLAINT against U.S. DEPARTMENT OF JUSTICE (Fee Status:Filing Fee Waived) filed by MID-ATLANTIC INNOCENCE PROJECT. (Attachments: # 1 Exhibit)(Gutman, Jeffrey) (Entered: 04/04/2023)
2023-04-145RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 4/13/2023 (Gutman, Jeffrey) (Main Document 5 replaced on 4/14/2023) (ztth). (Entered: 04/14/2023)
2023-04-146RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/13/2023. (Gutman, Jeffrey) (Main Document 6 replaced on 4/14/2023) (ztth). (Entered: 04/14/2023)
2023-04-147RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/13/2023. Answer due for ALL FEDERAL DEFENDANTS by 5/13/2023. (Gutman, Jeffrey) (Main Document 7 replaced on 4/14/2023) (ztth). (Entered: 04/14/2023)
2023-05-108ENTERED IN ERROR.....Consent MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. DEPARTMENT OF JUSTICE. (O'Tousa, Christina); Modified on 5/11/2023 - Said pleading was refiled as Docket Entry 9 (ztth). (Entered: 05/10/2023)
2023-05-109CORRECTED Consent Motion for Extension of Time to File Answer by U.S. DEPARTMENT OF JUSTICE re 8 Motion for Extension of Time to File Answer. (O'Tousa, Christina); Modified Docketing Event and text on 5/11/2023 (ztth). (Entered: 05/10/2023)
2023-05-12MINUTE ORDER granting Defendant's corrected 9 Consent Motion to Extend Time to Respond to Complaint. It is hereby ORDERED, for good cause shown, that Defendant's 9 Consent Motion is GRANTED. It is further ORDERED that Defendant shall answer or otherwise respond to the 1 Complaint by May 30, 2023. Signed by Judge Timothy J. Kelly on 5/12/2023. (lctjk2) (Entered: 05/12/2023)
2023-05-3010ANSWER to Complaint by U.S. DEPARTMENT OF JUSTICE.(O'Tousa, Christina) (Entered: 05/30/2023)
2023-05-31MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall meet, confer, and file a joint proposed schedule for briefing or disclosure by June 20, 2023. Signed by Judge Timothy J. Kelly on 5/31/2023. (lctjk2) (Entered: 05/31/2023)
2023-06-2011Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (O'Tousa, Christina) (Entered: 06/20/2023)
2023-06-21MINUTE ORDER: Upon consideration of the parties' 11 Joint Status Report, it is hereby ORDERED that the parties shall file, by September 13, 2023, a further joint status report, unless a stipulation of dismissal is filed sooner. Signed by Judge Timothy J. Kelly on 6/21/2023. (lctjk2) (Entered: 06/21/2023)
2023-09-1312Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (O'Tousa, Christina) (Entered: 09/13/2023)
2023-09-1513NOTICE of Appearance- Pro Bono by Jeffrey Stuart Gutman on behalf of MID-ATLANTIC INNOCENCE PROJECT (Gutman, Jeffrey) (Entered: 09/15/2023)
2023-09-1514ENTERED IN ERROR.....NOTICE of Appearance- Pro Bono by Jeffrey Stuart Gutman on behalf of MID-ATLANTIC INNOCENCE PROJECT (Gutman, Jeffrey) Modified on 9/18/2023 (zjm). (Entered: 09/15/2023)
2023-09-18NOTICE OF ERROR regarding 14 Notice of Appearance- Pro Bono. The following error(s) need correction: Other- Please review and follow: Law Student Practice Procedures: https://www.dcd.uscourts.gov/attorney-general-information. (zjm) (Entered: 09/18/2023)
2023-09-18MINUTE ORDER: Upon consideration of the parties' 12 Joint Status Report, it is hereby ORDERED that the parties shall file, by October 24, 2023, a further joint status report, unless a stipulation of dismissal is filed sooner. Signed by Judge Timothy J. Kelly on 9/18/2023. (lctjk2) (Entered: 09/18/2023)
2023-10-2415Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (O'Tousa, Christina) (Entered: 10/24/2023)
2023-10-26MINUTE ORDER: Upon consideration of the parties' 15 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by December 1, 2023, updating the Court on the parties' progress and including, if necessary, a joint schedule for briefing. Signed by Judge Timothy J. Kelly on 10/26/2023. (lctjk2) (Entered: 10/26/2023)
2023-11-2916Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (O'Tousa, Christina) (Entered: 11/29/2023)
2023-11-30MINUTE ORDER: Upon consideration of the parties' 16 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by January 25, 2024, including, if necessary, a joint schedule for briefing. Signed by Judge Timothy J. Kelly on 11/30/2023. (lctjk2) (Entered: 11/30/2023)
2024-01-2517Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (O'Tousa, Christina) (Entered: 01/25/2024)
2024-01-29MINUTE ORDER: Upon consideration of the parties' 17 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by March 29, 2024, including, if necessary, a joint schedule for briefing. Signed by Judge Timothy J. Kelly on 1/29/2024. (lctjk2) (Entered: 01/29/2024)
2024-03-2918Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (O'Tousa, Christina) (Entered: 03/29/2024)
2024-03-30MINUTE ORDER: Upon consideration of the parties' 18 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by May 29, 2024, including, if necessary, a joint schedule for briefing. Signed by Judge Timothy J. Kelly on 3/30/2024. (lctjk2) (Entered: 03/30/2024)
2024-05-3019Joint MOTION for Extension of Time to File Joint Status Report by MID-ATLANTIC INNOCENCE PROJECT. (Gutman, Jeffrey) (Entered: 05/30/2024)
2024-05-3020Joint STATUS REPORT by MID-ATLANTIC INNOCENCE PROJECT. (Gutman, Jeffrey) (Entered: 05/30/2024)
2024-06-03MINUTE ORDER granting the parties' 19 Joint Motion for Enlargement of Time to File Status Report. Upon consideration of the parties' 19 Joint Motion and 20 Joint Status Report, it is hereby ORDERED, nunc pro tunc to May 29, 2024, and for excusable neglect, that the 19 Joint Motion is GRANTED. It is further ORDERED that the parties shall file a further joint status report by June 28, 2024, including, if necessary, a joint schedule for briefing. Signed by Judge Timothy J. Kelly on 6/3/2024. (lctjk2) (Entered: 06/03/2024)
2024-06-2821STATUS REPORT by MID-ATLANTIC INNOCENCE PROJECT. (Gutman, Jeffrey) (Entered: 06/28/2024)
2024-07-02MINUTE ORDER: On June 3, 2024, the Court ordered the parties to file a joint status report by June 28, 2024. No such report was filed. Instead, Plaintiff has filed its own 21 Status Report in which it represents that it has been unable to confer with Defendant and requests a briefing schedule for summary judgment. It is hereby ORDERED that Defendant shall respond to Plaintiff's 21 Status Report by July 5, 2024. Signed by Judge Timothy J. Kelly on 7/2/2024. (lctjk2) (Entered: 07/02/2024)
2024-07-0522RESPONSE re 21 Status Report by U.S. DEPARTMENT OF JUSTICE. (Pfaffenroth, Peter) Modified event title on 7/8/2024 (znmw). (Entered: 07/05/2024)
2024-07-0723ERRATA by U.S. DEPARTMENT OF JUSTICE re 22 Status Report. (Pfaffenroth, Peter) (Entered: 07/07/2024)
2024-07-11MINUTE ORDER: Upon consideration of Plaintiff's 21 Status Report and Defendant's 22 Response to Plaintiff's Status Report, it is hereby ORDERED that the parties shall file a joint status report by July 19, 2024, advising the Court on whether the parties have been able to reach any agreements and proposing, if necessary, a joint schedule for briefing. Signed by Judge Timothy J. Kelly on 7/11/2024. (lctjk2) (Entered: 07/11/2024)
2024-07-1824NOTICE of Appearance by Alexander Schreiber on behalf of All Defendants (Schreiber, Alexander) (Entered: 07/18/2024)
2024-07-1825Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Schreiber, Alexander) (Entered: 07/18/2024)
2024-07-22MINUTE ORDER: Upon consideration of the parties' 25 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by September 17, 2024, including, if necessary, a joint schedule for briefing. Signed by Judge Timothy J. Kelly on 7/22/2024. (lctjk2) (Entered: 07/22/2024)
2024-08-3026NOTICE OF WITHDRAWAL OF APPEARANCE as to U.S. DEPARTMENT OF JUSTICE. Attorney Peter C. Pfaffenroth and Alexander Schreiber terminated. (O'Tousa, Christina) (Entered: 08/30/2024)
2024-09-0927MOTION for Leave to Appear Request for Student Appearance by MID-ATLANTIC INNOCENCE PROJECT (Gutman, Jeffrey) Modified event on 9/10/2024 (znmw). (Entered: 09/09/2024)
2024-09-0928MOTION for Leave to Appear Request for Student Appearance by MID-ATLANTIC INNOCENCE PROJECT (Gutman, Jeffrey) Modified event on 9/10/2024 (znmw). (Entered: 09/09/2024)
2024-09-1729Consent MOTION for Extension of Time to File Joint Status Report by U.S. DEPARTMENT OF JUSTICE. (O'Tousa, Christina) (Entered: 09/17/2024)
2024-09-18MINUTE ORDER granting Defendant's 29 Consent Motion for Extension of Time to File Joint Status Report. It is hereby ORDERED, nunc pro tunc to September 17, 2024, and for good cause shown, that Defendant's 29 Consent Motion is GRANTED. It is further ORDERED that the parties shall file their next status report by September 24, 2024. Signed by Judge Timothy J. Kelly on 9/18/2024. (lctjk2) (Entered: 09/18/2024)
2024-09-2430Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (O'Tousa, Christina) (Entered: 09/24/2024)
2024-09-25MINUTE ORDER: Upon consideration of the parties' 30 Joint Status Report, it is hereby ORDERED that Defendant shall file its motion for summary judgment by November 14, 2024; Plaintiff shall file its opposition and cross-motion for summary judgment by January 13, 2025; Defendant shall file its reply and its opposition to Plaintiff's cross-motion for summary judgment by March 13, 2025; and Plaintiff shall file its reply in further support of its cross-motion for summary judgment by April 12, 2025. Signed by Judge Timothy J. Kelly on 9/25/2024. (lctjk2) (Entered: 09/25/2024)
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