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Case TitleRand v. United States Securities and Exchange Commission et al
DistrictWestern District of North Carolina
CityCharlotte
Case Number3:2024cv00631
Date Filed2024-07-03
Date ClosedOpen
JudgeDistrict Judge Max O. Cogburn, Jr
PlaintiffMichael T. Rand
Case DescriptionMichael Rand submitted FOIA requests to the SEC and the Department of Justice for records concerning his confinement. He also asked for expedited processing. The agency acknowledged receipt of the request but denied his request for expedited processing. After hearing nothing further from the agencies, Rand filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Litigation - Attorney's fees

DefendantUnited States Securities and Exchange Commission
DefendantFederal Bureau of Investigation United States Department of Justice
DefendantExecutive Office of US Attorneys United States Department of Justice
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [49]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-04-281COMPLAINT For Declaratory and Injunctive Relief against Executive Office of US Attorneys, Federal Bureau of Investigation, United States Securities and Exchange Commission. Filing fees $ 402.00, filed by Michael T. Rand. (Attachments: # 1 Civil Cover Sheet)(drz) [Transferred from Florida Southern on 7/5/2024.] (Entered: 04/28/2023)
2023-04-282Clerks Notice of Judge Assignment to Judge Roy K. Altman and Magistrate Judge Patrick M. Hunt. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Patrick M. Hunt is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (drz) [Transferred from Florida Southern on 7/5/2024.] (Entered: 04/28/2023)
2023-05-013Clerks Notice of Receipt of Filing Fee received on 4/28/2023 in the amount of $ 402.00, receipt number FLS268669. (vt) [Transferred from Florida Southern on 7/5/2024.] (Entered: 05/01/2023)
2023-05-024ORDER OF INSTRUCTIONS TO PRO SE LITIGANTS. Signed by Judge Roy K. Altman on 5/2/2023. See attached document for full details. (ls) [Transferred from Florida Southern on 7/5/2024.] (Entered: 05/03/2023)
2023-05-025ORDER in Cases with Multiple Defendants. Signed by Judge Roy K. Altman on 5/2/2023. See attached document for full details. (ls) [Transferred from Florida Southern on 7/5/2024.] (Entered: 05/03/2023)
2023-05-086Summons Issued as to United States Securities and Exchange Commission, U.S. Attorney and U.S. Attorney General (cqs) [Transferred from Florida Southern on 7/5/2024.] (Entered: 05/08/2023)
2023-05-237ACKNOWLEDGMENT OF SERVICE filed by Michael T. Rand. (cqs) [Transferred from Florida Southern on 7/5/2024.] (Entered: 05/23/2023)
2023-06-128PAPERLESS ORDER TO SHOW CAUSE . While the Plaintiff has filed 7 a Certificate of Service as proof of service on the Defendants in this case, that Certificate of Service only partially complies with the methods of service for serving the United States and its agencies, corporations, officers, or employees outlined in FED. R. CIV. P. 4(i). The Certificate of Service doesn't show that the "Attorney General of the United States" was "sen[t]... a copy of [the summons and of the complaint] by registered or certified mail[.]" Fed. R. Civ. P. 4(i)(1)(B) (emphases added). The Plaintiff is directed to show cause by June 16, 2023 , that he complied with the methods of service outlined in FED. R. CIV. P. 4(i) for serving the United States and its agencies, corporations, officers, or employees. Signed by Judge Roy K. Altman on 6/12/2023. (bto) [Transferred from Florida Southern on 7/5/2024.] (Entered: 06/12/2023)
2023-06-13Set Deadlines Per DE#8. Show Cause Response due by 6/16/2023. (cqs) [Transferred from Florida Southern on 7/5/2024.] (Entered: 06/13/2023)
2023-06-209MOTION for Extension of Time to Respond re 8 Order To Show CAause by Michael T. Rand. Responses due by 7/5/2023 (cqs) [Transferred from Florida Southern on 7/5/2024.] (Entered: 06/20/2023)
2023-06-2110PAPERLESS ORDER GRANTING 9 the Plaintiff's Motion for an Extension of Time to Respond to the Order to Show Cause. The Plaintiff must file on the docket proof that he "sen[t]... a copy of [the summons and of the complaint] by registered or certified mail to the Attorney General of the United States at Washington, D.C.," FED. R. CIV. P. 4(i)(1)(B) (emphases added), by June 28, 2023 . Signed by Judge Roy K. Altman on 6/21/2023. (bto) [Transferred from Florida Southern on 7/5/2024.] (Entered: 06/21/2023)
2023-06-21Reset Deadlines Per DE#10. Show Cause Response due by 6/28/2023. (cqs) [Transferred from Florida Southern on 7/5/2024.] (Entered: 06/21/2023)
2023-06-2711PROOF of Mailing Via Certified Mail filed by Michael T. Rand. (Attachments: # 1 Exhibit)(cds) [Transferred from Florida Southern on 7/5/2024.] (Entered: 06/27/2023)
2023-07-1212NOTICE by Executive Office of US Attorneys, Federal Bureau of Investigation, United States Securities and Exchange Commission . Attorney Carlos Javier Raurell added to party Executive Office of US Attorneys(pty:dft), Attorney Carlos Javier Raurell added to party Federal Bureau of Investigation(pty:dft), Attorney Carlos Javier Raurell added to party United States Securities and Exchange Commission(pty:dft). (Raurell, Carlos) [Transferred from Florida Southern on 7/5/2024.] (Entered: 07/12/2023)
2023-07-2113Summons Issued as to Carlos Raurell, Assistant United States Attorney. (nan) [Transferred from Florida Southern on 7/5/2024.] (Entered: 07/21/2023)
2023-07-2114Summons Issued as to Carlos Raurell, Assistant United States Attorney. (nan) [Transferred from Florida Southern on 7/5/2024.] (Entered: 07/21/2023)
2023-07-2115Clerk's Notice of Docket Correction re 13 Summons Issued as to USA, Document Restricted Due to Error ; Please see 14 Summons Issued as to USA, for the IMAGE. (nan) [Transferred from Florida Southern on 7/5/2024.] (Entered: 07/21/2023)
2023-07-2116ACKNOWLEDGMENT OF SERVICE as to 14 Summons Issued as to USA filed by Michael T. Rand. (cqs) [Transferred from Florida Southern on 7/5/2024.] (Entered: 07/21/2023)
2023-08-2117DEFENDANTS' ANSWER to Complaint by Executive Office of US Attorneys, Federal Bureau of Investigation, United States Securities and Exchange Commission. (Raurell, Carlos) [Transferred from Florida Southern on 7/5/2024.] (Entered: 08/21/2023)
2023-08-2118ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Joint Scheduling Report due by 9/4/2023 Signed by Judge Roy K. Altman on 8/21/2023. See attached document for full details. (nwn) [Transferred from Florida Southern on 7/5/2024.] (Entered: 08/22/2023)
2023-09-0519Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Executive Office of US Attorneys, Federal Bureau of Investigation, United States Securities and Exchange Commission (Raurell, Carlos)[Transferred from Florida Southern on 7/5/2024.] (Entered: 09/05/2023)
2023-09-0520Joint SCHEDULING REPORT - Rule 16.1 by Executive Office of US Attorneys, Federal Bureau of Investigation, United States Securities and Exchange Commission (Raurell, Carlos) [Transferred from Florida Southern on 7/5/2024.] (Entered: 09/05/2023)
2023-09-0621Certificate of Other Affiliates/Corporate Disclosure Statement- by Michael T. Rand (cqs) [Transferred from Florida Southern on 7/5/2024.] (Entered: 09/06/2023)
2023-09-0722SCHEDULING ORDER: ( Dispositive Motions due by 2/23/2024.), ORDER administratively Closing Case. Signed by Judge Roy K. Altman on 9/7/2023. See attached document for full details. (nwn) [Transferred from Florida Southern on 7/5/2024.] (Entered: 09/08/2023)
2024-02-0623Notice of Reassignment of Assistant U.S. Attorney by Anthony Erickson-Pogorzelski on behalf of Executive Office of US Attorneys, Federal Bureau of Investigation, United States Securities and Exchange Commission. Attorney Carlos Javier Raurell representing United States Securities and Exchange Commission (Defendant) and Federal Bureau of Investigation (Defendant) and Executive Office of US Attorneys (Defendant); terminated.. Attorney Anthony Erickson-Pogorzelski added to party Executive Office of US Attorneys(pty:dft), Attorney Anthony Erickson-Pogorzelski added to party Federal Bureau of Investigation(pty:dft), Attorney Anthony Erickson-Pogorzelski added to party United States Securities and Exchange Commission(pty:dft). (Erickson-Pogorzelski, Anthony) [Transferred from Florida Southern on 7/5/2024.] (Entered: 02/06/2024)
2024-02-0624Joint MOTION to Continue Stay re 22 Scheduling Order, Order Dismissing/Closing Case by Executive Office of US Attorneys, Federal Bureau of Investigation, United States Securities and Exchange Commission. Responses due by 2/20/2024. (Attachments: # 1 Text of Proposed Order)(Erickson-Pogorzelski, Anthony) [Transferred from Florida Southern on 7/5/2024.] (Entered: 02/06/2024)
2024-02-0625PAPERLESS ORDER granting 24 the parties' Joint Motion to Continue the Stay of Proceedings. By March 25, 2024 , the parties shall either notify us that the case is moot (either in whole or in part) or, if the case isn't moot, move to reopen this case. In the meantime, this case shall remain CLOSED for administrative purposes. Signed by Judge Roy K. Altman on 2/6/2024. (rco) [Transferred from Florida Southern on 7/5/2024.] (Entered: 02/06/2024)
2024-03-2526MOTION to Reopen Case by Michael T. Rand. (Attachments: # 1 Exhibit)(cqs) [Transferred from Florida Southern on 7/5/2024.] (Entered: 03/25/2024)
2024-03-2827PAPERLESS ORDER denying 26 the Plaintiff's Motion to Reopen Case. On February 6, 2024, we stayed this case while the parties determined whether it had become moot. See Paperless Order Granting Stay [ECF No. 25]. In his Motion, Michael T. Rand, our pro se Plaintiff, informs us that the Defendants' response to his FOIA request was "unsatisfactory." Motion at 2. Rand now seeks to reopen this case so the "district court [can] conduct a de novo review of the government's decision to withhold requested documents under any of FOIA's specific statutory exemptions." Ibid. (citing 5 U.S.C. § 552(a)(4)(B)). Rand, however, did not confer with opposing counsel before filing this motion, as he was required to do by our local rules. See S.D. Fla. L.R. 7.1(a)(3) ("Prior to filing any motion in a civil case . . . counsel for the movant shall confer (orally or in writing), or make reasonable effort to confer (orally or in writing), with all parties or non-parties who may be affected by the relief sought in the motion in a good faith effort to resolve by agreement the issues to be raised in the motion."); Castilla v. Nat'l Union Fire Ins. Co. of Pittsburgh, Pa. , 2021 WL 1409648, at *2 (S.D. Fla. Apr. 23, 2012) ("Before filing any motion[,] . . . whether pro se or through counsel, Plaintiff shall confer properly with Defendant's counsel."); see generally Motion (failing to certify conferral). We'll therefore DENY the Plaintiff's Motion to Reopen Case and ORDER the parties to file a Joint Status Report identifying any outstanding issues in this case by April 8, 2024 . In the meantime, this case shall remain CLOSED for administrative purposes. Signed by Judge Roy K. Altman on 3/28/2024. (rco) Signed by Judge Roy K. Altman on 3/28/2024. (rco) [Transferred from Florida Southern on 7/5/2024.] (Entered: 03/28/2024)
2024-03-28Reset Deadlines Status Report due by 4/8/2024. (cqs) [Transferred from Florida Southern on 7/5/2024.] (Entered: 03/28/2024)
2024-04-0828STATUS REPORT JOINT by Executive Office of US Attorneys, Federal Bureau of Investigation, United States Securities and Exchange Commission (Erickson-Pogorzelski, Anthony) [Transferred from Florida Southern on 7/5/2024.] (Entered: 04/08/2024)
2024-04-0929PAPERLESS ORDER . On April 8, 2024, the parties filed 28 a joint status report, informing us that they have agreed to continue our stay of this case until June 30, 2024 . See 28 Joint Status Rpt. at 5 ("Plaintiff is willing to continue the stay for all agencies until the EOUSA June 30 production deadline."); id. at 6 ("Defendants request that the case remain administratively closed . . . until EOUSA completes its search and production."). By June 30, 2024 , the parties shall file a joint status report, updating the Court on the progress of the EOUSA document search and production. In the meantime, this case shall remain STAYED and CLOSED for administrative purposes. Signed by Judge Roy K. Altman on 4/9/2024. (rco) [Transferred from Florida Southern on 7/5/2024.] (Entered: 04/09/2024)
2024-06-2730STATUS REPORT Update by Executive Office of US Attorneys, Federal Bureau of Investigation, United States Securities and Exchange Commission (Erickson-Pogorzelski, Anthony) [Transferred from Florida Southern on 7/5/2024.] (Entered: 06/27/2024)
2024-06-2731PAPERLESS NOTICE of Hearing . A status conference is SET for July 2, 2024 , at 3:30 p.m. in the Miami Division, Courtroom 12-4, before Judge Roy K. Altman. (rco) [Transferred from Florida Southern on 7/5/2024.] (Entered: 06/27/2024)
2024-07-0332PAPERLESS Minute Entry for proceedings held before Judge Roy K. Altman. A status conference was held on July 2, 2024. Total time in court: 0 hours, 17 minutes. Attorney Appearance: Anthony Erickson-Pogorzelski. Other appearances: Michael T. Rand, pro se . Court Reporter: Francine Salopek, 305-301-3276 / mjsfcs@aol.com. (rco) [Transferred from Florida Southern on 7/5/2024.] (Entered: 07/03/2024)
2024-07-0333ORDER FOLLOWING STATUS CONFERENCE.This case is TRANSFERRED to the U.S District Court for the Western District of North Carolina. Any future motions in this action should be filed in the Western District of North Carolina. Signed by Judge Roy K. Altman on 7/3/2024. See attached document for full details. (cqs) [Transferred from Florida Southern on 7/5/2024.] (Entered: 07/03/2024)
2024-07-0534Case transferred in from District of Florida Southern; Case Number 0:23-cv-60789. Original electronic file and docket sheet received. (Entered: 07/05/2024)
2024-07-05Case assigned to District Judge Max O. Cogburn, Jr and US Magistrate Judge David Keesler. Notice: You must click this link to retrieve the Case Assignment Packet . This is your only notice - you will not receive a separate document. (rth) (Entered: 07/05/2024)
2024-07-05Standing Order of Instructions Regarding Pro Se Litigants in Civil Actions. Click on this link to retrieve the Standing Order (Pro se litigant served by US Mail.)(rth) (Entered: 07/05/2024)
2024-07-05Standing Order Regarding Use of Artificial Intelligence (3:24-mc-104). Click on this link to retrieve the Standing Order (rth) (Entered: 07/05/2024)
2024-08-1635Pro Se MOTION to Reopen Case by Michael T. Rand. Responses due by 8/30/2024 (Attachments: # 1 Exhibit, # 2 Envelope) (add) (Entered: 08/19/2024)
2024-08-2836Consent MOTION for Extension of Time to File Response/Reply re: 35 MOTION to Reopen Case by Executive Office of US Attorneys, Federal Bureau of Investigation. Responses due by 9/11/2024 (Gatehouse, James). Motions referred to David Keesler. (Entered: 08/28/2024)
2024-08-2937ORDER granting 36 Motion for Extension of Time to File Response/Reply re: 35 MOTION to Reopen Case. Responses due by 10/14/2024. Signed by US Magistrate Judge David Keesler on 8/28/2024. (Pro se litigant served by US Mail.)(brl) (Entered: 08/29/2024)
2024-09-0938Pro Se MOTION for Judicial Review of Conflict of Interest by Michael T. Rand. Responses due by 9/23/2024 (Attachments: # 1 Envelope) (add). Modified to remove referral on 10/1/2024 (mga). (Entered: 09/10/2024)
2024-09-1039ORDER Setting Response Deadline re: 38 MOTION for Judicial Review of Conflict of Interest. Responses due by 9/23/2024. Signed by US Magistrate Judge David Keesler on 9/10/24. (Pro se litigant served by US Mail.)(mga) (Entered: 09/10/2024)
2024-09-2040MOTION for Extension of Time to File Response/Reply re: 38 MOTION by Executive Office of US Attorneys, Federal Bureau of Investigation, United States Securities and Exchange Commission. Responses due by 10/4/2024 (Gatehouse, James). Motions referred to David Keesler. (Entered: 09/20/2024)
2024-09-2041ORDER granting Government's 40 Motion for Extension of Time to File Response/Reply re: 38 pro se MOTION for Judicial Review of Conflict of Interest. Responses due by 10/3/2024. Signed by US Magistrate Judge David Keesler on 9/20/24. (Pro se litigant served by US Mail.)(mga) (Entered: 09/20/2024)
2024-10-0142Consent MOTION for Extension of Time to File Response/Reply re: 38 MOTION, 35 MOTION to Reopen Case by Executive Office of US Attorneys, Federal Bureau of Investigation, United States Securities and Exchange Commission. Responses due by 10/15/2024 (Gatehouse, James). Motions referred to David Keesler. (Entered: 10/01/2024)
2024-10-0143ORDER granting Government's 42 Motion for Extension of Time to File Response/Reply. The Government shall file a response to pro se "Plaintiff's Motion for Judicial Review of Conflict of Interest" (Document No. 38 ) on or before November 1, 2024 ; and shall file a response to pro se Plaintiff's Motion to Reopen FOIA Complaint" (Document No. 35 ) on or before November 13 2024 . Signed by US Magistrate Judge David Keesler on 10/1/24. (Pro se litigant served by US Mail.)(mga) (Entered: 10/01/2024)
2024-10-2844RESPONSE in Opposition re 38 MOTION by United States Securities and Exchange Commission, Federal Bureau of Investigation, Executive Office of US Attorneys. Replies due by 11/4/2024 (Gatehouse, James) (Entered: 10/28/2024)
2024-11-1345RESPONSE in Opposition re 35 MOTION to Reopen Case, 38 MOTION by United States Securities and Exchange Commission, Federal Bureau of Investigation, Executive Office of US Attorneys. Replies due by 11/20/2024 (Gatehouse, James) (Entered: 11/13/2024)
2024-11-1346REPLY to Response to Motion re 38 MOTION by Michael T. Rand. (Attachments: # 1 Envelope)(add) (Entered: 11/14/2024)
2024-11-1447NOTICE of AUSA Reassignment by United States Securities and Exchange Commission, Federal Bureau of Investigation, Executive Office of US Attorneys (Gatehouse, James) (Entered: 11/14/2024)
2024-11-2248REPLY to Response to Motion re 35 MOTION to Reopen Case by Michael T. Rand. (Attachments: # 1 Attachment, # 2 Envelope)(add) (Entered: 11/25/2024)
2024-12-1049ORDER denying 38 Motion for Judicial Review of Conflict of Interest. Signed by District Judge Max O. Cogburn, Jr on 12/10/2024. (Pro se litigant served by US Mail.)(ams) (Entered: 12/10/2024)
2024-12-1650ORDER denying 35 Motion to Reopen Case. The parties shall file a Status Report within 90 days of entry of this Order. Signed by District Judge Max O. Cogburn, Jr on 12/16/2024. (Pro se litigant served by US Mail.)(ams) (Entered: 12/16/2024)
2024-12-16Set/Reset Deadlines: Status Report due by 3/17/2025. (ams) (Entered: 12/16/2024)
2025-03-1451STATUS REPORT Joint Status Report (all parties) by Executive Office of US Attorneys (Gatehouse, James) (Entered: 03/14/2025)
2025-03-1752ORDER: The Court finds that this matter shall remain effectively stayed. The parties shall file another Status Report within 90 days, ( Status Report due by 6/15/2025). Signed by District Judge Max O. Cogburn, Jr on 03/17/2025. (Pro se litigant served by US Mail.)(cjs) (Entered: 03/17/2025)
2025-05-2353Notice of Substitution of Counsel by Janice Powers on behalf of Executive Office of US Attorneys, Federal Bureau of Investigation, United States Securities and Exchange Commission, Attorney James B. Gatehouse terminated. (Powers, Janice) (Entered: 05/23/2025)
2025-05-2754MOTION for Extension of Time to File Joint Status Report by Executive Office of US Attorneys, Federal Bureau of Investigation, United States Securities and Exchange Commission. Responses due by 6/10/2025 (Powers, Janice). Motions referred to David Keesler. (Entered: 05/27/2025)
2025-05-2755ORDER granting Government's 54 Motion for Additional Time To File The Joint Status Report. Joint Status Report due by 6/30/2025. Signed by US Magistrate Judge David Keesler on 05/27/2025. (Pro se litigant served by US Mail.)(cjs) (Entered: 05/27/2025)
2025-06-3056STATUS REPORT Joint Status Report (all parties) by Executive Office of US Attorneys, Federal Bureau of Investigation, United States Securities and Exchange Commission (Powers, Janice) (Entered: 06/30/2025)
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