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Case TitleWARRINGTON v. DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2024cv01956
Date Filed2024-07-03
Date Closed2024-11-20
JudgeJudge Trevor N. McFadden
PlaintiffJAMES WARRINGTON
Case DescriptionJames Warrington, an attorney, submitted a FOIA request to the Federal Aviation Administration and the Department of Justice for records concerning litigation involving a plane crash in Northport, AL in 2016. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Warrington filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantDEPARTMENT OF JUSTICE
DefendantDEPARTMENT OF JUSTICE
U.S. Department of Justice
950 Pennsylvania Ave., NW
Washington, DC 20530
DefendantFEDERAL AVIATION ADMINISTRATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-07-031COMPLAINT against DEPARTMENT OF JUSTICE, FEDERAL AVIATION ADMINISTRATION ( Filing fee $ 405 receipt number BDCDC-11005237) filed by JAMES WARRINGTON. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Civil Cover Sheet Civil Cover Sheet, # 5 Summons Summons for FAA, # 6 Summons Summons for DoJ)(Desjardins, Doug) (Entered: 07/03/2024)
2024-07-032NOTICE of Appearance by Doug P. Desjardins on behalf of JAMES WARRINGTON (Desjardins, Doug) (Entered: 07/03/2024)
2024-07-08Case Assigned to Judge Trevor N. McFadden. (znmw) (Entered: 07/08/2024)
2024-07-083ENTERED IN ERROR.....SUMMONS (2) Issued Electronically as to DEPARTMENT OF JUSTICE, FEDERAL AVIATION ADMINISTRATION. (Attachments: # 1 Notice and Consent)(znmw) Modified on 7/10/2024 (znmw). (Entered: 07/08/2024)
2024-07-08NOTICE OF NEW CASE ERROR regarding 1 Complaint,. The following error(s) need correction: Missing summonses- U.S. government. When naming a U.S. government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue. (znmw) (Entered: 07/08/2024)
2024-07-084STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 7/8/24. (lctnm2) (Entered: 07/08/2024)
2024-07-095ENTERED IN ERROR.....REQUEST FOR SUMMONS TO ISSUE filed by JAMES WARRINGTON.(Desjardins, Doug) Modified on 7/10/2024 (znmw). (Entered: 07/09/2024)
2024-07-10NOTICE OF NEW CASE ERROR regarding 5 Request for Summons to Issue, 3 Summons Issued Electronically. The following error(s) need correction: Incorrect summonses. Please locate the FOIA summons applicable to your case at www.dcd.uscourts.gov/new-case-forms and refile all four using the event Request for Summons to issue. (znmw) (Entered: 07/10/2024)
2024-08-236AFFIDAVIT of Service by JAMES WARRINGTON. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Desjardins, Doug) (Entered: 08/23/2024)
2024-08-237AFFIDAVIT of Service by JAMES WARRINGTON. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Desjardins, Doug) (Entered: 08/23/2024)
2024-09-04MINUTE OREDER: Plaintiff filed the Complaint in this action on July 3, 2024. As of the date of this Order, the public docket reflects that Plaintiff has yet to file proof of service on the United States attorney for this district, as required by Federal Rule of Civil Procedure 4(i)(1)(A)(i) and 4(i)(2). The Court directs Plaintiff's attention to Federal Rule of Civil Procedure 4(m) and Local Civil Rule 5.3. It is hereby ORDERED that, by no later than October 1, 2024, Plaintiff must either cause process to be served on the United States attorney for this district and file proof of service with the Court or establish good cause for the failure to do so. Failure to make such filings will result in dismissal of this case. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/4/2024. (lctnm2) (Entered: 09/04/2024)
2024-09-068ENTERED IN ERROR.....REQUEST FOR SUMMONS TO ISSUE filed by JAMES WARRINGTON.(Desjardins, Doug) Modified on 9/9/2024, refiled at docket entry 9 (mg). (Entered: 09/06/2024)
2024-09-069REQUEST FOR SUMMONS TO ISSUE filed by JAMES WARRINGTON.(Desjardins, Doug) (Entered: 09/06/2024)
2024-09-0910SUMMONS (4) Issued Electronically as to DEPARTMENT OF JUSTICE, FEDERAL AVIATION ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(mg) (Entered: 09/09/2024)
2024-09-3011AFFIDAVIT of Service by JAMES WARRINGTON. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Desjardins, Doug) (Entered: 09/30/2024)
2024-09-3012AFFIDAVIT of Service by JAMES WARRINGTON. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Desjardins, Doug) (Entered: 09/30/2024)
2024-09-3013RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/17/2024. ( Answer due for ALL FEDERAL DEFENDANTS by 10/17/2024.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL AVIATION ADMINISTRATION served on 9/16/2024. (See docket entry 11 and 12 to view document). (mg) (Entered: 09/30/2024)
2024-09-3014AFFIDAVIT of Service by JAMES WARRINGTON. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Desjardins, Doug) (Entered: 09/30/2024)
2024-09-3015ENTERED IN ERROR.....AFFIDAVIT of Service by JAMES WARRINGTON. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Desjardins, Doug) Modified on 10/1/2024 (mg). (Entered: 09/30/2024)
2024-09-3016RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF JUSTICE served on 9/16/2024 (See docket entry 14 to view document). (mg) (Entered: 10/01/2024)
2024-10-01NOTICE OF ERROR regarding 15 Affidavit. The following error(s) need correction: Incorrect event. Please refile with Summons Returned Executed as to U.S. Attorney General event. (mg) (Entered: 10/01/2024)
2024-10-0117RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 09/16/2024. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Desjardins, Doug) (Entered: 10/01/2024)
2024-10-1618NOTICE of Appearance by Fithawi Berhane on behalf of All Defendants (Berhane, Fithawi) (Entered: 10/16/2024)
2024-10-1619ANSWER to Complaint by DEPARTMENT OF JUSTICE, FEDERAL AVIATION ADMINISTRATION.(Berhane, Fithawi) (Entered: 10/16/2024)
2024-10-18MINUTE ORDER: Before the Court are a Complaint and Answer in this FOIA case. It is hereby ORDERED that the parties meet and confer and that they then file a Joint Status Report proposing a schedule for proceeding in this matter. That JSR should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the JSR on or before November 18, 2024. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/18/2024. (lctnm2) (Entered: 10/18/2024)
2024-11-1820STIPULATION of Dismissal by DEPARTMENT OF JUSTICE, FEDERAL AVIATION ADMINISTRATION. (Berhane, Fithawi) (Entered: 11/18/2024)
2024-11-20MINUTE ORDER: Having considered the parties' 20 Stipulation of Dismissal, the Court ORDERS that this matter is DISMISSED WITHOUT PREJUDICE. Dismissal is proper under Fed. R. Civ. P. 41(a)(1)(A)(ii) because the parties have jointly stipulated to dismissal. The Clerk of Court is requested to close the case. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/20/2024. (lctnm2) (Entered: 11/20/2024)
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