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Case TitleGIANNONE v. EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2014cv00542
Date Filed2014-04-01
Date Closed2016-02-26
JudgeJudge Rosemary M. Collyer
PlaintiffJONATHAN GIANNONE
Case DescriptionJonathan Giannone submitted a FOIA request to the Executive Office of U.S. Attorneys for all records concerning his conviction for wire fraud. His request was sent during the government shutdown in October and after the government reopened, the Office of Information Policy contacted Giannone and indicated that his request had been referred to EOUSA. However, Giannone was unable to get any further response from EOUSA and filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantEXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-04-011COMPLAINT against EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS ( Filing fee $ 400, receipt number 4616062960) with Jury Demand filed by JONATHAN GIANNONE. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(am, ) (Entered: 04/04/2014)
2014-04-01SUMMONS Issued (3) as to EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS, U.S. Attorney and U.S. Attorney General (am, ) (Entered: 04/04/2014)
2014-04-012NOTICE OF RELATED CASE by JONATHAN GIANNONE. Case related to Case No. 08-1713. (am, ) (Entered: 04/04/2014)
2014-04-043Case randomly reassigned to Judge Rosemary M. Collyer. Judge Reggie B. Walton no longer assigned to the case. (gt, ) (Entered: 04/04/2014)
2014-04-094NOTICE of Change of Address by JONATHAN GIANNONE (rdj) (Entered: 04/10/2014)
2014-04-095MOTION for CM/ECF Password by JONATHAN GIANNONE (rdj) (Entered: 04/10/2014)
2014-04-10MINUTE ORDER denying, in the Court's discretion, 5 Plaintiff's Motion for CM/ECF Password. See LCvR 5.4(b)(2). Signed by Judge Rosemary M. Collyer on 4/10/2014. (lcrmc1) (Entered: 04/10/2014)
2014-04-106SEALED Letter filed by JONATHAN GIANNONE. (This document is SEALED and only available to authorized persons.)"Let this be filed UNDER SEAL" by Judge Rosemary M. Collyer(zrdj) (Entered: 04/11/2014)
2014-04-117SEALED ORDER (This document is SEALED and only available to authorized persons.)Signed by Judge Rosemary M. Collyer on 4/10/2014.(zmm, ) (Entered: 04/11/2014)
2014-04-158RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS served on 4/7/2014, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/7/14., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/7/2014. ( Answer due for ALL FEDERAL DEFENDANTS by 5/7/2014.) (td, ) (Entered: 04/15/2014)
2014-05-089First MOTION for Extension of Time to File an Answer or other Response to Plaintiff's Complaint by EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS (Adebonojo, Kenneth) (Entered: 05/08/2014)
2014-05-09MINUTE ORDER granting 9 Defendant's Motion for Extension of Time. Defendant shall file an Answer/Response to 1 Plaintiff's Complaint no later than 6/6/2014. See Fed. R. Civ. P. 12(a)(2). Signed by Judge Rosemary M. Collyer on 5/9/2014. (lcrmc1) (Entered: 05/09/2014)
2014-05-09Set/Reset Deadlines: Answer/Response due no later than 6/6/2014 (tth) (Entered: 05/09/2014)
2014-06-0610MOTION for Extension of Time to File an Answer or Other Response to Plaintiff's Complaint by EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS (Adebonojo, Kenneth) (Entered: 06/06/2014)
2014-06-09MINUTE ORDER granting 10 Defendant's Consent Motion for Extension of Time. Defendant shall file an Answer/Response to 1 Plaintiff's Complaint no later than July 25, 2014. Signed by Judge Rosemary M. Collyer on 6/9/2014. (lcrmc1) (Entered: 06/09/2014)
2014-06-09Set/Reset Deadlines/Hearings: Answer/Response to Complaint due by 7/25/2014. (cdw) (Entered: 06/09/2014)
2014-07-2611Consent MOTION for Extension of Time to File an Answer or other Response to Plaintiff's Complaint by EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS (Adebonojo, Kenneth) (Entered: 07/26/2014)
2014-07-28MINUTE ORDER granting 11 Defendant's Consent Motion for Extension of Time. No later than 9/26/2014, Defendant shall file an Answer/Response to 1 Plaintiff's Complaint. Signed by Judge Rosemary M. Collyer on 7/28/2014. (lcrmc1) (Entered: 07/28/2014)
2014-07-28Set/Reset Deadlines/Hearings: Answer to complaint due by 9/26/2014. (cdw) (Entered: 07/29/2014)
2014-09-2512MOTION for Extension of Time to File an Answer or Other Response to Plaintiff's Complaint by EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS (Adebonojo, Kenneth) (Entered: 09/25/2014)
2014-09-25MINUTE ORDER granting 12 Defendant's Consent Motion for Extension of Time. No later than November 14, 2014, Defendant shall file an Answer/Response to 1 Plaintiff's Complaint. Signed by Judge Rosemary M. Collyer on 9/25/2014. (lcrmc1) (Entered: 09/25/2014)
2014-09-26Set/Reset Deadlines: Answer/Response due by 11/14/2014 (tcr) (Entered: 09/26/2014)
2014-11-1313Consent MOTION for Extension of Time to FIle an Answer or Other Response to Plaintiff's Complaint by EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS (Adebonojo, Kenneth) (Entered: 11/13/2014)
2014-11-14MINUTE ORDER. The 13 Defendant's Motion to Enlarge Time is DENIED. This FOIA case was filed on April 1, 2014 and Defendant has yet to answer or otherwise respond. It now seeks its fifth extension. The Court finds no good cause for additional delays. Defendant shall answer or otherwise respond to the Complaint no later than seven days from this date, that is, no later than November 21, 2014. Signed by Judge Rosemary M. Collyer on November 14, 2014. (lcrmc1) (Entered: 11/14/2014)
2014-11-14Set/Reset Deadlines/Hearings: Answer to complaint due by 11/21/2014. (cdw) (Entered: 11/17/2014)
2014-11-2114ANSWER to 1 Complaint by EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS.(Adebonojo, Kenneth) (Entered: 11/21/2014)
2014-11-24MINUTE ORDER. The parties shall file a joint proposed briefing schedule no later than December 10, 2014. Signed by Judge Rosemary M. Collyer on November 24, 2014. (lcrmc1) (Entered: 11/24/2014)
2014-11-24Set/Reset Deadlines/Hearings: Joint proposed briefing schedule due by 12/10/2014. (cdw) (Entered: 11/24/2014)
2014-12-1015Joint MOTION for Briefing Schedule by EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS (Adebonojo, Kenneth) (Entered: 12/10/2014)
2014-12-11MINUTE ORDER. 15 Parties' Joint Motion for a Briefing Schedule proposes unnecessary dual briefing in this FOIA case and is DENIED. It is ORDERED that the parties confer on a schedule for a single dispositive motion by Defendant, a single opposition by Plaintiff, and a single reply by Defendant. Signed by Judge Rosemary M. Collyer on December 11, 2014. (lcrmc1) (Entered: 12/11/2014)
2014-12-1216Joint MOTION for Briefing Schedule by EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS (Adebonojo, Kenneth) (Entered: 12/12/2014)
2014-12-15MINUTE ORDER granting 16 Parties' Joint Motion for a Briefing Schedule. Defendant shall file a dispositive motion no later than January 23, 2015; Plaintiff shall file a response no later than February 27, 2015; Defendant shall file a reply no later than March 13, 2015. Signed by Judge Rosemary M. Collyer on December 15, 2014. (lcrmc1) (Entered: 12/15/2014)
2014-12-15Set/Reset Deadlines/Hearings: Dispositive Motion due by 1/23/2015. Response to Dispositive Motion due by 2/27/2015. Reply to Dispositive Motion due by 3/13/2015. (cdw) (Entered: 12/15/2014)
2015-01-2217Consent MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS (Adebonojo, Kenneth) (Entered: 01/22/2015)
2015-01-23MINUTE ORDER granting 17 Defendant's Consent Motion to Enlarge Time to File Defendant's Motion for Summary Judgment. Defendant shall file its motion for summary judgment no later than January 30, 2015; Plaintiff shall file its opposition no later than March 6, 2015; Defendant shall file its reply no later than March 20, 2015. Signed by Judge Rosemary M. Collyer on January 23, 2015. (lcrmc1) (Entered: 01/23/2015)
2015-01-23Set/Reset Deadlines/Hearings: Defendant's Summary Judgment motion due by 1/30/2015. Response to Motion for Summary Judgment due by 3/6/2015. Reply to Motion for Summary Judgment due by 3/20/2015. (cdw) (Entered: 01/26/2015)
2015-01-3018MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS (Adebonojo, Kenneth) (Entered: 01/30/2015)
2015-02-02MINUTE ORDER granting 18 Defendant's Consent Motion to Enlarge Time. Defendant shall file its motion for summary judgment no later than February 2, 2015. Signed by Judge Rosemary M. Collyer on February 2, 2015. (lcrmc1) (Entered: 02/02/2015)
2015-02-0219MOTION for Summary Judgment by EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS (Attachments: # 1 Exhibit A & B)(Adebonojo, Kenneth). Added MOTION to Dismiss on 2/3/2015 (rdj). (Entered: 02/02/2015)
2015-02-0320SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit A-B)(Adebonojo, Kenneth) (Entered: 02/03/2015)
2015-02-0321ORDER. Plaintiff is directed to file a response to Defendant's 19 Motion to Dismiss or in the Alternative for Summary Judgment no later than March 6, 2015, or the motion may be treated as conceded and the case will be dismissed. Signed by Judge Rosemary M. Collyer on February 3, 2015. (lcrmc1) (Entered: 02/03/2015)
2015-02-0322ERRATA by EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS 19 MOTION for Summary Judgment MOTION to Dismiss filed by EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Adebonojo, Kenneth) (Entered: 02/03/2015)
2015-02-03Set/Reset Deadlines/Hearings: Response to Dispositive Motion due by 3/6/2015. (cdw) (Entered: 02/04/2015)
2015-02-0523NOTICE of Filing of Redacted Exhibit by EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS re 19 MOTION for Summary Judgment MOTION to Dismiss, 20 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit A and B)(Adebonojo, Kenneth) (Entered: 02/05/2015)
2015-02-06MINUTE ORDER granting 20 Defendant's Sealed Motion File Under Seal. Exhibits A (redacted) and B to Defendant's 19 Motion for Summary Judgment are found at Dkt. 23-1. Signed by Judge Rosemary M. Collyer on February 6, 2015. (lcrmc1) (Entered: 02/06/2015)
2015-02-0624SEALED Exhibits A (redacted) and B re 19 Motion for Summary Judgment filed by EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS. (This document is SEALED and only available to authorized persons.)(zrdj) (Entered: 02/06/2015)
2015-03-1225MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Summary Judgment MOTION to Dismiss by JONATHAN GIANNONE (Attachments: # 1 Text of Proposed Order)(rdj) (Entered: 03/13/2015)
2015-03-13MINUTE ORDER granting 25 Plaintiff's Motion for Extension of Time nunc pro tunc to March 6, 2015. Plaintiff shall file his opposition to Defendant's 19 Motion to Dismiss or in the Alternative for Summary Judgment no later than April 3, 2015. Signed by Judge Rosemary M. Collyer on March 13, 2015. (lcrmc1) (Entered: 03/13/2015)
2015-03-13Set/Reset Deadlines/Hearings: Response to 19 due by 4/3/2015. (cdw) (Entered: 03/16/2015)
2015-04-1426Second MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Summary Judgment MOTION to Dismiss by JONATHAN GIANNONE (td, ) (Entered: 04/14/2015)
2015-04-14MINUTE ORDER granting 26 Plaintiff's Second Motion for an Extension of Time nunc pro tunc to April 3, 2015. Plaintiff shall file his opposition to Defendant's 19 Motion to Dismiss or in the Alternative for Summary Judgment no later than May 4, 2015. Signed by Judge Rosemary M. Collyer on April 14, 2015. (lcrmc1) (Entered: 04/14/2015)
2015-04-14Set/Reset Deadlines/Hearings: Response to 19 due by 5/4/2015. (cdw) (Entered: 04/15/2015)
2015-05-2227MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Summary Judgment MOTION to Dismiss by JONATHAN GIANNONE (Attachments: # 1 Text of Proposed Order)(rdj) (Entered: 05/26/2015)
2015-05-26MINUTE ORDER granting 27 Plaintiff's Motion to File Out of Time Response nunc pro tunc to May 4, 2015. Plaintiff shall file his opposition to Defendant's 19 Motion to Dismiss or in the Alternative for Summary Judgment no later than May 27, 2015. Plaintiff has filed three motions for extensions of time to file an opposition to Defendant's dispositive motion, each of which was filed after the deadline for Plaintiff's opposition. The Court will not grant further extensions of time. Signed by Judge Rosemary M. Collyer on May 26, 2015. (lcrmc1) (Entered: 05/26/2015)
2015-05-26Set/Reset Deadlines: Response to 19 Motion to Dismiss, or in the Alternative, for Summary Judgment due by 5/27/2015. (zmm) (Entered: 05/26/2015)
2015-05-2828Memorandum in opposition to re 19 MOTION for Summary Judgment MOTION to Dismiss filed by JONATHAN GIANNONE. (rdj) (Entered: 05/29/2015)
2015-06-0829Consent MOTION for Extension of Time to File a Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment by EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS (Adebonojo, Kenneth) (Entered: 06/08/2015)
2015-06-09MINUTE ORDER granting 29 Defendant's Consent Motion to Enlarge Time. Defendant shall file its reply in support of its motion for summary judgment no later than July 10, 2015. Signed by Judge Rosemary M. Collyer on June 9, 2015. (lcrmc1) (Entered: 06/09/2015)
2015-06-09Set/Reset Deadlines/Hearings: Reply to Motion for Summary Judgment due by 7/10/2015. (cdw) (Entered: 06/09/2015)
2015-07-0930MOTION for Extension of Time to File a Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment by EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS (Adebonojo, Kenneth) (Entered: 07/09/2015)
2015-07-10MINUTE ORDER granting 30 Defendants' Motion for Extension of Time. Defendant shall file a reply in support of 19 motion for summary judgment no later than July 14, 2015. Signed by Judge Rosemary M. Collyer on 7/10/15. (KD) (Entered: 07/10/2015)
2015-07-10Set/Reset Deadlines/Hearings: Reply to Motion for Summary Judgment due by 7/14/2015. (cdw) (Entered: 07/13/2015)
2015-07-1431Final MOTION for Extension of Time to File a Reply to Plaintiff's Opposition to Defendant's Dispositive Motion by EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS (Adebonojo, Kenneth) (Entered: 07/14/2015)
2015-07-15MINUTE ORDER granting 31 Defendant's Consent Motion to Enlarge Time. Defendant shall file a reply in support of its 19 motion for summary judgment no later than July 16, 2015. Signed by Judge Rosemary M. Collyer on July 15, 2015. (lcrmc1) (Entered: 07/15/2015)
2015-07-15Set/Reset Deadlines/Hearings: Reply to Motion for Summary Judgment due by 7/16/2015. (cdw) (Entered: 07/16/2015)
2015-07-1632REPLY to opposition to motion re 19 MOTION for Summary Judgment MOTION to Dismiss filed by EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS. (Adebonojo, Kenneth) (Entered: 07/16/2015)
2015-08-2733ORDER denying 19 Defendant's Motion for Summary Judgment without prejudice. No later than September 24, 2015, Defendant shall complete the record by filing one or more supplemental declarations identifying (1) whether a new search was conducted in response to Mr. Giannone's 2013 FOIA request and (2) whether any new records were generated by litigation and events that post-date Mr. Giannone's 2008 FOIA request. Signed by Judge Rosemary M. Collyer on August 27, 2015. (lcrmc1, ) (Entered: 08/27/2015)
2015-09-2434Consent MOTION for Extension of Time to File Defendant's Second Motion for Summary Judgment by EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS (Adebonojo, Kenneth) (Entered: 09/24/2015)
2015-09-25MINUTE ORDER granting 34 Defendant's Motion to Enlarge Time. Defendant shall file its Second Motion for Summary Judgment no later than October 23, 2015. Signed by Judge Rosemary M. Collyer on September 25, 2015. (lcrmc1) (Entered: 09/25/2015)
2015-09-25Set/Reset Deadlines/Hearings: Defendant's second Summary Judgment motion due by 10/23/2015. (cdw) (Entered: 09/25/2015)
2015-10-2235MOTION for Extension of Time to File Defendant's Second Motion for Summary Judgment by EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS (Adebonojo, Kenneth) (Entered: 10/22/2015)
2015-10-23MINUTE ORDER granting 35 Defendant's Consent Motion for Extension of Time. Defendant shall file its Second Motion for Summary Judgment no later than November 24, 2015 . Signed by Judge Rosemary M. Collyer on 10/23/2015. (lcrmc1) (Entered: 10/23/2015)
2015-10-23Set/Reset Deadlines/Hearings: Defendant's 2nd Summary Judgment motion due by 11/24/2015. (cdw) (Entered: 10/23/2015)
2015-11-2336MOTION for Extension of Time to File Defendant's Second Motion for Summary Judgment by EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS (Adebonojo, Kenneth) (Entered: 11/23/2015)
2015-11-24MINUTE ORDER granting 36 Defendant's Consent Motion for Extension of Time. Defendant shall file its Second Motion for Summary Judgment no later than January 5, 2016 . The parties shall notify the Court earlier if further litigation will not be necessary. Signed by Judge Rosemary M. Collyer on 11/24/2015. (lcrmc1) (Entered: 11/24/2015)
2015-11-24Set/Reset Deadlines/Hearings: Defendant's Second Motion for Summary Judgment due by 1/5/2016. (cdw) (Entered: 11/24/2015)
2016-01-0837MOTION for Extension of Time to File Defendant's Second Motion for Summary Judgment by EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS (Adebonojo, Kenneth) (Entered: 01/08/2016)
2016-01-11MINUTE ORDER granting 37 Defendant's Consent Motion for Extension of Time. Defendant shall file its Second Motion for Summary Judgment no later than February 1, 2016. Signed by Judge Rosemary M. Collyer on 1/11/2016. (lcrmc1) (Entered: 01/11/2016)
2016-01-11Set/Reset Deadlines/Hearings: Defendant's second Summary Judgment motion due by 2/1/2016. (cdw) (Entered: 01/12/2016)
2016-02-0138MOTION for Extension of Time to File Defendant's Second Motion for Summary Judgment by EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS (Attachments: # 1 Exhibit A-C)(Adebonojo, Kenneth) (Entered: 02/01/2016)
2016-02-02MINUTE ORDER granting 38 Defendant's Motion for Extension of Time. Defendant shall file its Second Motion for Summary Judgment no later than February 19, 2016 . Signed by Judge Rosemary M. Collyer on 2/2/2016. (lcrmc1) (Entered: 02/02/2016)
2016-02-02Set/Reset Deadlines: Second Summary Judgment motion due by 2/19/2016. (tb) (Entered: 02/02/2016)
2016-02-03Set/Reset Deadlines: Second Motion for Summary Judgment due by 2/19/2016. (zmm) (Entered: 02/03/2016)
2016-02-1939MOTION for Extension of Time to File Defendant's Renewed Motion for Summary Judgment by EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS (Adebonojo, Kenneth) (Entered: 02/19/2016)
2016-02-22MINUTE ORDER granting 39 Defendant's Motion for Extension of Time. Defendant shall file its Second Motion for Summary Judgment no later than February 24, 2016. Signed by Judge Rosemary M. Collyer on 2/22/2016. (lcrmc1) (Entered: 02/22/2016)
2016-02-22Set/Reset Deadlines: Defendant's Second Motion for Summary Judgment due by 2/24/2016. (zmm) (Entered: 02/22/2016)
2016-02-2440STIPULATION of Dismissal with Prejudice by EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS. (Adebonojo, Kenneth) (Entered: 02/24/2016)
2016-02-25MINUTE ORDER approving 40 Joint Stipulation of Dismissal. This case is closed. Signed by Judge Rosemary M. Collyer on 2/25/2016. (lcrmc1) (Entered: 02/25/2016)
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