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Case TitleLane v. The Department of Justice et al
DistrictEastern District of New York
CityBrooklyn
Case Number1:2013cv02078
Date Filed2013-04-09
Date Closed2014-09-25
JudgeJudge Eric N. Vitaliano
PlaintiffMark William Lane
DefendantThe Department of Justice
DefendantFederal Bureau of Investigation
DefendantNational Achives and Records Agency
DefendantCentral Intelligence Agency
DefendantThe Office of Professional Responsibility
DefendantFederal Communication Commission
DefendantNational Security Agency
DefendantDefense Advanced Research Projects Agency
DefendantDepartment of Energy
DefendantThe Office of the President of the United States
DefendantMichael C. Adges
AppealSecond Circuit 22-1913
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [21]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2013-04-091COMPLAINT against Central Intelligence Agency, Defense Advanced Research Projects Agency, Department of Energy, Federal Bureau of Investigation, Federal Communication Commission, National Achives and Records Agency, National Security Agency, The Department of Justice, The Office of Professional Responsibility, The Office of the President of the United States, filed by Mark William Lane. (Attachments: # 1 Civil Cover Sheet) (Davis, Kimberly) (Entered: 04/16/2013)
2013-04-09FILING FEE: $ 350.00, receipt number 4653057368 (Davis, Kimberly) (Entered: 04/16/2013)
2013-04-162Notice of Related Case (Davis, Kimberly) (Entered: 04/16/2013)
2013-04-163In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) (Entered: 04/16/2013)
2013-04-16ORDER REASSIGNING CASE. Case reassigned to Judge Frederic Block as related to 96cv2649 for all further proceedings. Judge William F. Kuntz, II no longer assigned to case. Ordered by Chief Judge Carol Bagley Amon on 4/16/2013. (Bowens, Priscilla) (Entered: 04/16/2013)
2013-07-014Letter dated June 28, 2013 from Michael Innelli to Michael Adges, returning the motion for default judgment as being premature. (Piper, Francine) (Entered: 07/02/2013)
2013-07-315Letter dated 7/30/13 from Mark William Lane to USMJ Go, requesting a conference. (Galeano, Sonia) (Entered: 08/07/2013)
2013-08-096SCHEDULING ORDER: see attached. Ordered by Magistrate Judge Marilyn D. Go on 8/9/2013. (Proujansky, Josh) (Entered: 08/09/2013)
2013-08-127Letter by Michael C. Adges (Adges, Michael) (Entered: 08/12/2013)
2013-08-208Letter MOTION to Withdraw pltff's attorney of record, seeking permission for a continuance of his case and to be granted pro se status, filed by Mark William Lane. (Galeano, Sonia) (Entered: 08/21/2013)
2013-08-22ORDER REASSIGNING CASE. Case reassigned to Judge Eric N. Vitaliano for all further proceedings. Judge Frederic Block no longer assigned to case. Ordered by Chief Judge Carol Bagley Amon on 8/21/2013. (Davis, Kimberly) (Entered: 08/22/2013)
2013-08-309ORDER granting 8 Motion to Withdraw on consent of the parties. The clerk's office is directed to mail to plaintiff a copy of this order, the attachments, and the summonses. Ordered by Magistrate Judge Marilyn D. Go on 8/30/2013. (Attachments: # 1 Letter, # 2 Rule 4(i), # 3 Excerpt of Pro Se Manual, # 4 ECF notice instructions) (Moo-Young, Jillian) (Entered: 08/30/2013)
2013-09-0310Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General (Siegfried, Evan) (Entered: 09/03/2013)
2013-09-0911MOTION for Protective Order by Mark William Lane. (Siegfried, Evan) Modified on 9/23/2013 to Motion For Protective Order. (Hugh, Lewis). (Entered: 09/09/2013)
2013-09-2312AFFIDAVIT/AFFIRMATION by Andrew Perez. Exhibits filed in hard copy and sent to chambers. (Siegfried, Evan) (Entered: 09/23/2013)
2013-09-2313ORDER denying 11 Motion for Protective Order. Ordered by Magistrate Judge Marilyn D. Go on 9/23/2013. (Proujansky, Josh) (Entered: 09/23/2013)
2013-09-2414ORDER re 12 Affidavit filed by Mark William Lane. Plaintiff is advised that to serve the United States he must also send copies of the Summons and Complaint "by registered or certified mail to the Attorney General of the United States at Washington, D.C." See Fed. R. Civ. P. 4(i)(1)(B). Plaintiff is further advised that the affidavit of service filed does not show that he has served defendants the Federal Communications Commission, the Defense Advanced Research Projects Agency and the Department of Energy. Ordered by Magistrate Judge Marilyn D. Go on 9/24/2013. (Proujansky, Josh) (Entered: 09/24/2013)
2013-09-2415ORDER re 12 Affidavit filed by Mark William Lane. The affiant states that he sent a copy of the Summons and Complaint to the U.S. Attorney's Office for the Eastern District of New York on or about July 1, 2013 and that office confirmed that it received the mailing on July 8, 2013. Since the United States and its agencies must serve an answer within 60 days after service on the United States Attorney, see Fed. R. Civ. P. 12(a)(2), defendants are advised that they may need to request an extension of time to answer or otherwise respond to the Complaint. Ordered by Magistrate Judge Marilyn D. Go on 9/24/2013. (Proujansky, Josh) (Entered: 09/24/2013)
2013-09-2616MOTION for Extension of Time to File by Mark William Lane. (Siegfried, Evan) (Entered: 09/26/2013)
2013-09-2617MOTION to Compel Proper Service of Summons and Complaint, or in the Alternative, to Dismiss the Complaint for Failure to Comply with FRCP 4(m) (copy mailed to pro se plaintiff) by The Department of Justice. (Argo, Erin) (Entered: 09/26/2013)
2013-09-3018MOTION to Withdraw 16 MOTION for Extension of Time to File by Mark William Lane. (Siegfried, Evan) (page 3 of Main Document 18 removed and refiled as Document 20 on 10/2/2013, per request of Judge Go) (Entered: 09/30/2013)
2013-09-3019CERTIFICATE OF SERVICE by Mark William Lane (Siegfried, Evan) (Entered: 09/30/2013)
2013-10-0220MOTION to Amend/Correct/Supplement (originally filed in docket entry 18 ) by Mark William Lane. (Siegfried, Evan) (Entered: 10/02/2013)
2013-10-0221ORDER granting 20 Motion to Amend/Correct/Supplement. Accordingly, the Clerk of Court is respectfully requested to amend the docket sheet to reflect the changes. Ordered by Magistrate Judge Marilyn D. Go on 10/2/2013. (Proujansky, Josh) (Entered: 10/02/2013)
2013-10-0322Request for Relief filed by plaintiff on 10/3/2013. (Siegfried, Evan) (Entered: 10/03/2013)
2013-10-0323ORDER denying 17 Motion to Compel Proper Service. Plaintiff must file by October 17, 2013 proof of delivery or mailing to the United States Attorney's Office "by registered or certified mail." If plaintiff cannot meet this deadline, he may make a further request for an extension of time for service. Ordered by Magistrate Judge Marilyn D. Go on 10/3/2013. (Proujansky, Josh) (Entered: 10/03/2013)
2013-10-03ORDER finding as moot 16 Motion for Extension of Time to File; granting 18 Motion to Withdraw request for extension of time. Ordered by Magistrate Judge Marilyn D. Go on 10/3/2013. (Proujansky, Josh) (Entered: 10/03/2013)
2013-10-0424Letter to MJ Go from plaintiff RE: service of US Attorney (Siegfried, Evan) (Entered: 10/04/2013)
2013-10-0425SUMMONS Returned Executed by Mark William Lane. (Siegfried, Evan) (Entered: 10/04/2013)
2013-10-0926Addendum to docket entry 22 filed by plaintiff (Siegfried, Evan) (Entered: 10/09/2013)
2013-10-1127Addendum to docket entry 22 filed by plaintiff on 10/10/2013 (Siegfried, Evan) (Entered: 10/11/2013)
2013-11-0628MOTION for Extension of Time to File Answer by Federal Bureau of Investigation, The Office of Professional Responsibility, The Office of the President of the United States. (Argo, Erin) (Entered: 11/06/2013)
2013-11-11ORDER granting 28 Motion for Extension of Time to Answer only to the following extent. Even if the mistake by counsel in calendaring the time to respond to the complaint is excused, defendants inexplicably seek an even longer extension than sixty days after service and give no reason for the additional amount of time sought. Since defendants were aware of the commencement of this lawsuit even before completion of service on the U.S. Attorney's Office on October 3, 2013, as discussed in the defendants' 17 MOTION to Compel Proper Service filed on September 26, 2013, defendants' time to answer or otherwise respond to the complaint is extended only to December 2, 2013. Ordered by Magistrate Judge Marilyn D. Go on 11/11/2013. (Go, Marilyn) (Entered: 11/11/2013)
2013-12-0229Letter dated 11/27/2013 to MJ Go from Mark W. Lane RE: plaintiff informs the Court that he has not received notifications of filings by defense counsel. (Siegfried, Evan) (Entered: 12/02/2013)
2013-12-0230MOTION for pre motion conference or in the alternative, for the Court to endorse the defendants' proposed briefing schedule by Federal Bureau of Investigation, The Office of Professional Responsibility, The Office of the President of the United States. (Attachments: # 1 Exhibit 1) (Argo, Erin) (Entered: 12/02/2013)
2013-12-0431Request for Certificate of Default by Mark William Lane. (Lee, Tiffeny) (Entered: 12/09/2013)
2013-12-0432NOTICE of Motion for Default Judgment filed by Mark Lane. (Lee, Tiffeny) (Entered: 12/09/2013)
2013-12-09ORDER denying 30 Motion for Pre Motion Conference. Defendants' request for a pre-motion conference is denied. According to Judge Vitaliano's individual practice rules, a request for a pre-motion conference is inappropriate where plaintiff is proceeding pro se. Defendants' request to file a motion to dismiss is granted. Defendants to serve motion papers by January 6, 2014. Plaintiff to serve opposition papers by February 3, 2014. Defendants to serve reply papers, if any, and file fully briefed motion by February 24, 2014. Defendants are directed to notify plaintiff of this Order.. Ordered by Judge Eric N. Vitaliano on 12/9/2013. (Oster, John) (Entered: 12/09/2013)
2013-12-10REQUEST for Certificate of Default 31 is denied as defendants have moved for a premotion conference. (Hamilton, Janet) Modified on 12/12/2013 (Gapinski, Michele). (Entered: 12/10/2013)
2014-01-0834NOTICE of Default Judgment, filed by Mark William Lane. (Galeano, Sonia) (Entered: 01/13/2014)
2014-01-09ORDER. By letter dated January 8, 2014 plaintiff alleges that defendants have not served him with a copy of their motion to dismiss, due on or before January 6, 2014. The Court directs defendants to confirm whether they have, in fact, served their motion papers on plaintiff. If they have not, the Court directs defendants to serve their motion papers on plaintiff by January 10, 2014. Defendants are directed to notify plaintiff of this Order. Ordered by Judge Eric N. Vitaliano on 1/9/2014. (Oster, John) (Entered: 01/09/2014)
2014-01-0933Letter demonstrating service by Federal Bureau of Investigation, The Department of Justice, The Office of Professional Responsibility, The Office of the President of the United States (Attachments: # 1 Cover Letter sent to Plaintiff, # 2 Certified Mail Receipt) (Argo, Erin) (Entered: 01/09/2014)
2014-01-3135NOTICE OF MOTION: Plaintiff requests an adjournment of 60 days to allow plaintiff time in which to answer defendants' motion to dismiss. (Affidavit attached) (Fernandez, Erica) (Entered: 02/03/2014)
2014-02-03ORDER. Plaintiff's request for an extension of time is granted. Plaintiff shall serve his opposition papers to defendants' motion to dismiss by April 3, 2014. Defendants shall serve reply papers and file fully briefed motion on the docket by April 24, 2014. No further extension of time shall be granted to plaintiff absent a showing of good cause. Defendants are directed to notify plaintiff of this order. Ordered by Judge Eric N. Vitaliano on 2/3/2014. (Oster, John) (Entered: 02/03/2014)
2014-03-2836Notice of MOTION for an Adjournment of 60 Days to Allow Defendants to Respond to Plaintiff's Request for Documents; filed by pro se Mark William Lane, dated 3/24/2014. W/Attachments: # 1 Affidavit, # 2 Affidavit of Service. (Latka-Mucha, Wieslawa) (Entered: 04/01/2014)
2014-04-01ORDER granting 36 Motion for Extension of Time to File. Plaintiff's request for an extension of time is granted. Plaintiff shall serve his opposition papers to defendants' motion to dismiss by June 3, 2014. Defendants shall serve reply papers and file fully briefed motion on the docket by July 1, 2014. Plaintiff is warned that the Court will not grant any further extensions to this briefing schedule. Plaintiff is further warned that, contrary to his apparent understanding, the speed of defendants' response to his document requests has no bearing on his ability to timely respond to defendants' motion to dismiss. Defendants are directed to notify plaintiff of this Order. Ordered by Judge Eric N. Vitaliano on 4/1/2014. (Oster, John) (Entered: 04/01/2014)
2014-05-3037NOTICE OF MOTION, requesting that Deft's Motion to Dismiss be denied, filed by Mark William Lane. (Galeano, Sonia) (Entered: 06/02/2014)
2014-05-3038PLTFF'S MOTION/REPLY in Opposition to Deft's Motion to Dismiss, filed by Mark William Lane. (W/ Affirmation of Service attached) (Galeano, Sonia) (Entered: 06/02/2014)
2014-05-3039MEMORANDUM in Opposition to Deft's Motion to Dismiss, filed by Mark William Lane. (Galeano, Sonia) (Entered: 06/02/2014)
2014-07-0140Motion to Dismiss for Failure to State a Claim and Res Judicata by Federal Bureau of Investigation, The Office of Professional Responsibility, The Office of the President of the United States. (Attachments: # 1 Memorandum in Support of the Motion to Dismiss, # 2 Exhibit A, # 3 Declaration David M. Hardy, FBI, # 4 Exhibit A-F, # 5 Supplement of Unpublished Authorities, # 6 Supplement Rule 12.1 notice) (Argo, Erin) (Entered: 07/01/2014)
2014-07-0141RESPONSE in Opposition re 40 Motion to Dismiss for Failure to State a Claim and Res Judicata by Mark William Lane filed by Federal Bureau of Investigation. (Attachments: # 1 Exhibit A-K) (Argo, Erin) (Entered: 07/01/2014)
2014-07-0142REPLY in Support re 40 Motion to Dismiss for Failure to State a Claim and Res Judicata filed by Federal Bureau of Investigation, The Office of Professional Responsibility, The Office of the President of the United States. (Attachments: # 1 Exhibit A) (Argo, Erin) (Entered: 07/01/2014)
2014-09-2443MEMORANDUM AND ORDER granting 40 Motion to Dismiss for Failure to State a Claim: For the foregoing reasons, to the extent the Court has subject matter jurisdiction over any of plaintiff's claims, they are barred by the doctrine of res judicata. Therefore, defendants' motion to dismiss is granted in full.The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith and, therefore, in forma pauperis status is denied for purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to enter judgment accordingly and to close this case. Ordered by Judge Eric N. Vitaliano on 9/9/2014. (fwd for judgment) c/m to pro se pltf (Fernandez, Erica) (Entered: 09/24/2014)
2014-09-2544CLERK'S JUDGMENT directing that Defendants motion to dismiss is granted in full; that pursuant to 28 U.S.C. § 1915(a)(3) any appeal from the Courts Memorandum an dOrder would not be taken in good faith; and that in forma pauperis status is denied for the purpose of an appeal. Ordered by Janet Hamilton, Deputy Clerk, on 9/25/2014. c/m with appeal pkg (Fernandez, Erica) (Main Document 44 replaced on 9/25/2014) (Fernandez, Erica). (Entered: 09/25/2014)
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