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Case TitleVan Dyke v. F.C.C. et al
DistrictNorthern District of Illinois
CityChicago
Case Number1:2014cv06418
Date Filed2014-08-19
Date Closed2018-10-29
JudgeHonorable Andrea R. Wood
PlaintiffChristel Van Dyke
Case DescriptionChristel Van Dyke submitted a FOIA request to the Federal Communications Commission for records concerning her cell phone number. The agency located eight documents and released them to Van Dyke. Van Dyke appealed the agency's search, which was upheld. Van Dyke then filed suit.
Complaint issues: Adequacy - Search

DefendantF.C.C.
DefendantU.S. Cellular
DefendantU.S. Cellular
TERMINATED: 10/21/2014
DefendantSprint
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-08-191COMPLAINT filed by Christel Van Dyke; (tg, ) (Entered: 08/26/2014)
2014-08-192CIVIL Cover Sheet (tg, ) (Entered: 08/26/2014)
2014-08-193PRO SE Appearance by Plaintiff Christel Van Dyke (tg, ) (Entered: 08/26/2014)
2014-08-275MOTION by Plaintiff Christel Van Dyke for attorney representation. (rm, ) (Entered: 08/29/2014)
2014-09-056ATTORNEY Appearance for Defendant U.S. Cellular by Jessica Ann Johnson (Johnson, Jessica) (Entered: 09/05/2014)
2014-09-057ATTORNEY Appearance for Defendant U.S. Cellular by Richard J. O'Brien (O'Brien, Richard) (Entered: 09/05/2014)
2014-10-148MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by United States Cellular Corporation (Johnson, Jessica) (Entered: 10/14/2014)
2014-10-149NOTICE of Motion by Jessica Ann Johnson for presentment of Motion to Dismiss for Failure to State a Claim 8 before Honorable Andrea R. Wood on 10/21/2014 at 09:00 AM. (Johnson, Jessica) (Entered: 10/14/2014)
2014-10-2110MINUTE entry before the Honorable Andrea R. Wood: Motion hearing held on Defendant U.S. Cellular's motion to dismiss for failure to state a claim 8 . The motion is granted for the reason stated on the record. The complaint is dismissed as to Defendant U.S. Cellular. Pursuant to the discussion held in open court, Plaintiff's motion for appointment of counsel 5 is entered and continued to 12/4/2014. In order for the Court to consider Plaintiff's motion, Plaintiff must demonstrate that she cannot afford to retain her own attorney by submitting a completed in forma pauperis application and financial affidavit, which may be found on the Court's website. The Court reminds Plaintiff that she may make an appointment with the Courts Pro Se Assistance Program at the Clerk's Office Intake Desk located on the 20th Floor or by calling (312) 435-5691. Status hearing set for 12/4/2014 at 9:00 a.m. Mailed notice (ac, ) (Entered: 10/22/2014)
2014-12-0411MINUTE entry before the Honorable Andrea R. Wood: Status hearing held; continued to 1/21/2015 at 9:00 a.m. Plaintiff's motion for attorney representation 5 is denied without prejudice to refiling for the reasons stated on the record. Pursuant to Fed. R. Civ. P. 4(m), the time for Plaintiff to effect service of summons and complaint upon Defendants is extended to 1/21/2015. Mailed notice (ac, ) (Entered: 12/08/2014)
2014-12-18SUMMONS Issued as to Defendant Sprint, US Attorney, Attorney General. (daj, ) (Entered: 12/18/2014)
2015-01-21SUMMONS Issued as to Defendant F.C.C. (daj, ) (Entered: 01/21/2015)
2015-01-2112DESIGNATION of LaShonda Annette Hunt as U.S. Attorney for Defendant F.C.C. (Hunt, LaShonda) (Entered: 01/21/2015)
2015-01-2113MOTION by Defendant F.C.C. for extension of time to answer or otherwise plead (Hunt, LaShonda) (Entered: 01/21/2015)
2015-01-2114NOTICE of Motion by LaShonda Annette Hunt for presentment of extension of time 13 before Honorable Andrea R. Wood on 1/29/2015 at 09:00 AM. (Hunt, LaShonda) (Entered: 01/21/2015)
2015-01-2115MINUTE entry before the Honorable Andrea R. Wood: Status hearing held; continued to 2/27/2015 at 9:00 a.m. Pro se Plaintiff appeared and reported that she has served the remaining defendants. Pursuant to the discussion held in open court, Defendant shall file her proof of service with the Clerk's Office. Mailed notice (ac, ) (Entered: 01/25/2015)
2015-01-2816MINUTE entry before the Honorable Andrea R. Wood:Defendant FCC's motion for an extension of time to answer or otherwise plead 13 is granted. Defendant FCC shall have until 3/2/2015 to answer or otherwise respond to the complaint. The motion presentment date of 1/29/2015 is stricken. Parties need not appear. Defendant FCC is reminded that, pursuant to this Court's case management procedures, any motion for an extension of time should include a statement that the moving party has met and conferred with the non-moving party regarding the requested extension and indicate whether the motion is opposed. Parties are required to follow this procedure regardless of whether they or their opponents are represented by counsel. The status hearing set for 2/27/2015 is stricken and reset for 3/6/2015 at 9:30 a.m. Mailed notice (ac, ) (Entered: 01/28/2015)
2015-02-2317DESIGNATION of Kurt N. Lindland as U.S. Attorney for Defendant F.C.C. (Lindland, Kurt) (Entered: 02/23/2015)
2015-02-2318MOTION by Defendant F.C.C. to dismiss (Lindland, Kurt) (Entered: 02/23/2015)
2015-02-2319NOTICE of Motion by Kurt N. Lindland for presentment of motion to dismiss 18 before Honorable Andrea R. Wood on 3/3/2015 at 09:00 AM. (Lindland, Kurt) (Entered: 02/23/2015)
2015-02-2720MINUTE entry before the Honorable Andrea R. Wood: On the Court's own motion, the motion hearing set for 3/3/2015 19 is stricken and reset for 3/6/2015 at 9:30 AM. Mailed notice (ef, ) (Entered: 02/27/2015)
2015-03-0621ORDER: Motion and Status hearing held. For reasons stated on the record, Defendant FCC's motion to dismiss 18 is denied. Defense counsel has agreed to assist Plaintiff in confirming whether she has the correct addresses for service on the agency. Pursuant to the discussion held in open court, Plaintiff shall file her proof of service with the Clerk's Office. The time for Plaintiff to serve Defendants pursuant to Fed. R. Civ. P. 4(m) is extended until 4/8/2015. Status hearing set for 4/8/2015 at 9:30 AM. Signed by the Honorable Andrea R. Wood on 3/6/2015. Mailed notice (sxw) (Entered: 03/09/2015)
2015-03-20ALIAS Summons Issued as to Defendant F.C.C.. (daj, ) (Entered: 03/20/2015)
2015-03-20ALIAS SUMMONS Issued as to U.S. Attorney General. (daj, ) (Entered: 03/20/2015)
2015-04-0622SUMMONS Returned Executed by Christel Van Dyke as to F.C.C. on 3/26/2015, answer due 4/16/2015. (sxw) (Entered: 04/08/2015)
2015-04-0623SUMMONS Returned Executed by Christel Van Dyke as to Attorney General of the U.S. - Eric Holder. (sxw) (Entered: 04/08/2015)
2015-04-0824MINUTE entry before the Honorable Andrea R. Wood: Status Hearing held. Only Plaintiff appeared when the case was called. Counsel for Defendant appeared after the case was called. The Court has confirmed via the Court's docket that service has been made on Defendant. (See docket no. 22.) Accordingly, Defendants shall answer or otherwise plead to Plaintiff's complaint by 6/8/2015. (Note that this date differs from the one that appears at docket no. 22.) The Court reminds Plaintiff that she may make an appointment with the Court's Pro Se Assistance Program at the Clerk's Office Intake Desk located on the 20th Floor or by calling (312) 435-5691. The status hearing set on the record for 4/29/2015 is stricken and reset for 6/16/2015 at 9:30 AM.Mailed notice (ef, ) (Entered: 04/08/2015)
2015-06-0825ANSWER to Complaint by F.C.C. (Lindland, Kurt) (Entered: 06/08/2015)
2015-06-1626SUMMONS Returned Executed by Christel Van Dyke as to Sprint on 6/5/2015, answer due 6/26/2015. (sr, ) (Entered: 06/17/2015)
2015-06-1627MINUTE entry before the Honorable Andrea R. Wood: Status hearing held. Defendant FCC shall file its motion for summary judgment by 7/16/2015. Plaintiff shall respond to Defendant's motion for summary judgment by 8/17/2015. Defendant shall reply thereto by 8/31/2015. Ruling by mail. Status hearing set for 9/17/2015 at 9:30 AM. Mailed notice (ef, ) (Entered: 06/18/2015)
2015-07-1628MOTION by Defendant F.C.C. for extension of time to file summary judgment (Lindland, Kurt) (Entered: 07/16/2015)
2015-07-1629NOTICE of Motion by Kurt N. Lindland for presentment of motion for extension of time to file 28 before Honorable Andrea R. Wood on 7/21/2015 at 09:00 AM. (Lindland, Kurt) (Entered: 07/16/2015)
2015-07-1730MINUTE entry before the Honorable Andrea R. Wood: Defendant's Motion for extension of time to file motion for summary judgment 28 is granted. Defendant FCC shall file its motion for summary judgment by 7/30/2015. Plaintiff shall respond to Defendant's motion for summary judgment by 8/31/2015. Defendant shall reply thereto by 9/14/2015. Ruling by mail. Status hearing set for 10/7/2015 at 9:30 AM. Mailed notice (ef, ) (Entered: 07/17/2015)
2015-07-1731MINUTE entry before the Honorable Andrea R. Wood: The status hearing set for 9/17/2015 27 is stricken. Parties need not appear. Mailed notice (ef, ) (Entered: 07/17/2015)
2015-07-2732MOTION by Defendant F.C.C. for summary judgment (Lindland, Kurt) (Entered: 07/27/2015)
2015-07-2733MEMORANDUM by F.C.C. in support of motion for summary judgment 32 (Lindland, Kurt) (Entered: 07/27/2015)
2015-07-2734RULE 56 1 Statement by F.C.C. regarding motion for summary judgment 32 (Attachments: # 1 Exhibit 1-5)(Lindland, Kurt) (Entered: 07/27/2015)
2015-07-2735RULE 56 2 Statement by F.C.C. regarding motion for summary judgment 32 (Lindland, Kurt) (Entered: 07/27/2015)
2015-07-2736CERTIFICATE of Service by Kurt N. Lindland on behalf of F.C.C. regarding MOTION by Defendant F.C.C. for summary judgment 32 , Rule 56 statement 35 , memorandum in support of motion 33 , Rule 56 statement 34 (Lindland, Kurt) (Entered: 07/27/2015)
2015-09-1437REPLY by Defendant F.C.C. to motion for summary judgment 32 , memorandum in support of motion 33 in support of msj (Lindland, Kurt) (Entered: 09/14/2015)
2015-09-1438CERTIFICATE of Service by Kurt N. Lindland on behalf of F.C.C. regarding reply 37 (Lindland, Kurt) (Entered: 09/14/2015)
2015-09-1839MAMORANDUM by Christel Van Dyke in Opposition to Defendant's motion for summary judgment 32 . (kp, ) (Entered: 09/21/2015)
2015-09-1840RESPONSE by Plaintiff Christel Van Dyke to Rule 56.1 Statement 34 of Material Facts. (kp, ) (Entered: 09/21/2015)
2015-10-0741MINUTE entry before the Honorable Andrea R. Wood: Status hearing held. Only counsel for Defendant F.C.C. appeared. The Court will issue a written ruling on Defendant F.C.C.'s motion for summary judgment 32 in short order. Ruling by mail. Status hearing set for 12/4/2015 at 9:30 AM. Mailed notice (ef, ) (Entered: 10/08/2015)
2015-11-1742MOTION by Plaintiff Christel Van Dyke for leave to file exhibits in support of motion in opposition to defendant's motion for summary judgement (Exhibits). (aee, ) (Entered: 11/19/2015)
2015-12-0343MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 12/4/2015 is stricken. Written ruling on Defendant FCC's motion for summary judgment 32 to follow separately. Mailed notice (ef, ) (Entered: 12/03/2015)
2016-03-3144MINUTE entry before the Honorable Andrea R. Wood: For the reasons stated in the Memorandum Opinion to follow, Defendant's motion for summary judgment 32 is granted. In addition, Plaintiff's motion for leave to file exhibits in support of motion in opposition to Defendant's motion for summary judgment 42 is granted in part and denied in part. The Court grants Plaintiff's request to file the documents attached to her motion instanter. Those exhibits are deemed filed. But the Court denies Plaintiff's request that the judge review her cell phone as added evidence. Mailed notice(aw, ) (Entered: 03/31/2016)
2016-10-28On 10/28/16 the Clerk audited this case file and discovered that Jessica Johnson Fishfeld is not receiving electronic notice. The Clerk modified CM/ECF to provide notice to the attorney. The record indicates you are counsel of record in this case. If you are no longer representing this client, you must file a motion to withdraw from this case pursuant to LR 83.17. (tt, ) (Entered: 10/28/2016)
2016-10-28On 10/28/16 the Clerk audited this case file and discovered that Richard J. O'Brien is not receiving electronic notice. The Clerk modified CM/ECF to provide notice to the attorney. The record indicates you are counsel of record in this case. If you are no longer representing this client, you must file a motion to withdraw from this case pursuant to LR 83.17. (tt, ) (Entered: 10/28/2016)
2017-10-0545ORDER signed by the Honorable Andrea R. Wood on 10/5/2017: The Clerk of Court has notified the Court that Richard O'Brien has not renewed his membership in the Court's Trial Bar as required under Local Rule 83.11(i). Richard O'Brien is given 14 days from the date of this order to renew his membership or be subject to removal as lead counsel from this matter. Mailed notice(ef, ) (Entered: 10/05/2017)
2018-10-2946MINUTE entry before the Honorable Andrea R. Wood: As indicated in the Court's prior order 44 granting Defendant's motion for summary judgment 32 , the Court's intent was for the detailed opinion supporting the ruling to be docketed shortly after notice of the ruling. Due to an oversight or omission by the Court, the detailed opinion was not entered. Accordingly, on its own motion pursuant to Fed. R. Civ. P. 60(a), in order to correct the record and implement the result intended by the Court, the Court vacates the portion of the order entered on 3/31/2016 44 granting Defendant's summary judgment motion to allow for the entry of an order granting the motion along with detailed opinion. For clarification, any further deadlines to be determined based on the ruling on the motion shall be deemed to run from the filing of the new order. Mailed notice (ef, ) (Entered: 10/29/2018)
2018-10-2947ORDER signed by the Honorable Andrea R. Wood on 10/29/2018: Defendant's motion for summary judgment 32 is granted. The Clerk is directed to enter Judgment in favor of Defendant. All pending motions and hearing dates are stricken. Civil case terminated. See the accompanying Statement for details. Mailed notice(ef, ) (Entered: 10/29/2018)
2018-10-2948ENTERED JUDGMENT. Mailed notice(ef, ) (Entered: 10/29/2018)
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