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Case TitleHERNANDEZ v. UNITED STATES DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv00944
Date Filed2015-06-19
Date ClosedOpen
JudgeJudge Jia M. Cobb
PlaintiffESPIGMENIO HERNANDEZ, JR.
Case DescriptionEspigmenio Hernandez , a federal prisoner, submitted a FOIA request to the Executive Office for U.S. Attorneys for records concerning him. The agency responded to Hernandez's request by disclosing a handful of records and withholding others. Hernandez filed an administrative appeal with the Office of Information Policy. After hearing nothing further from OIP, Hernandez filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Recovery of Costs

DefendantUNITED STATES DEPARTMENT OF JUSTICE
DefendantUNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [54]
Opinion/Order [55]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-06-191COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS filed by ESPIGMENIO HERNANDEZ, JR. (Attachments: # 1 Civil Cover Sheet)(zrdj) (Entered: 06/22/2015)
2015-06-192MOTION for Leave to Proceed in forma pauperis by ESPIGMENIO HERNANDEZ, JR (zrdj) (Entered: 06/22/2015)
2015-06-193PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by ESPIGMENIO HERNANDEZ, JR (zrdj) (Entered: 06/22/2015)
2015-06-194ORDER directing an initial partial filing fee in the amount of $80.00 be made from Prison Account of ESPIGMENIO HERNANDEZ, JR. ; further ordered, granting 2 MOTION for Leave to Proceed in forma pauperis(See Order for full details). Signed by Judge Colleen Kollar-Kotelly on 6/18/2015. (zrdj) (Entered: 06/22/2015)
2015-06-225SUMMONS (4) Issued as to UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, U.S. Attorney and U.S. Attorney General (rd) (Entered: 06/23/2015)
2015-07-066RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 6/29/2015; UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS served on 6/29/2015, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/29/2015., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/29/2015. ( Answer due for ALL FEDERAL DEFENDANTS by 8/28/2015.) (jf) (Entered: 07/07/2015)
2015-07-247NOTICE of Appearance by Jesse Dyer Stewart on behalf of UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (Stewart, Jesse) (Entered: 07/24/2015)
2015-07-248MOTION for Extension of Time to File Answer or Otherwise Respond by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (Attachments: # 1 Text of Proposed Order)(Stewart, Jesse) (Entered: 07/24/2015)
2015-08-039NOTICE of Change of Address by ESPIGMENIO HERNANDEZ, JR (td) (Entered: 08/06/2015)
2015-08-10MINUTE ORDER: Defendants' 8 Motion for Extension of Time is granted nunc pro tunc and the Answer or other response to the Complaint is due by 8/28/2015. Signed by Judge Ketanji Brown Jackson on 8/10/15. (ms) (Entered: 08/10/2015)
2015-08-10Set/Reset Deadlines: Answer due by 8/28/2015. (gdf) (Entered: 08/10/2015)
2015-08-2810ANSWER to 1 Complaint by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS.(Stewart, Jesse) (Entered: 08/28/2015)
2015-08-2811MOTION for Briefing Schedule by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (Attachments: # 1 Text of Proposed Order)(Stewart, Jesse) (Entered: 08/28/2015)
2015-09-01MINUTE ORDER: Defendants' 11 Motion for Briefing Schedule is granted. Defendants' dispositive motion is due by October 13, 2015; Plaintiff's opposition and cross-motion, if any, are due by November 23, 2015; Defendants' reply and opposition, if any, are due by December 21, 2015; and Plaintiff's reply, if any, is due by January 19, 2016. Signed by Judge Ketanji Brown Jackson on 8/31/15. (ms) (Entered: 09/01/2015)
2015-09-01Set/Reset Deadlines: Cross Motions due by 11/23/2015. Response to Cross Motions due by 12/21/2015. Reply to Cross Motions due by 1/19/2016. Dispositive Motions due by 10/13/2015. Response to Dispositive Motions due by 11/23/2015. Reply to Dispositive Motions due by 12/21/2015. (gdf) (Entered: 09/01/2015)
2015-09-0312NOTICE OF SUBSTITUTION OF COUNSEL by Damon William Taaffe on behalf of All Defendants Substituting for attorney Jesse Stewart (Taaffe, Damon) (Entered: 09/03/2015)
2015-10-0713MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (Attachments: # 1 Memorandum in Support, # 2 Declaration Myrick, # 3 Declaration Luczynski, # 4 Declaration Bordley)(Taaffe, Damon) (Entered: 10/07/2015)
2015-10-0814Order advising plaintiff to respond by 11/23/2015 to 13 Defendants' MOTION for Summary Judgment, or the Court may treat the motion as conceded. Signed by Judge Ketanji Brown Jackson on 10/8/15. (ms) (Entered: 10/08/2015)
2015-11-2315Cross MOTION for Summary Judgment by ESPIGMENIO HERNANDEZ, JR (jf) (Entered: 11/25/2015)
2015-11-2316Memorandum in opposition to re 13 MOTION for Summary Judgment filed by ESPIGMENIO HERNANDEZ, JR. (jf) (Entered: 11/25/2015)
2015-12-0317MOTION for Extension of Time to File Response/Reply as to 13 MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (Taaffe, Damon) (Entered: 12/03/2015)
2015-12-08MINUTE ORDER: It is hereby ORDERED that defendant's Motion for Enlargement of Time to File Defendant's Reply in Support of its Motion for Summary Judgment 17 is DENIED as moot. Pursuant to the Court's September 1, 2015 Minute Order, defendant's reply and opposition to plaintiff's cross-motion [ECF No. 15] are due on December 21, 2015. Signed by Judge Ketanji Brown Jackson on 12/8/15. (ms) (Entered: 12/08/2015)
2015-12-1418NOTICE of Change of Address by ESPIGMENIO HERNANDEZ, JR (jf) (Entered: 12/15/2015)
2015-12-2119REPLY to opposition to motion re 13 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS. (Attachments: # 1 Declaration Luczynski supp declaration)(Taaffe, Damon) Modified on 12/22/2015 (jf). (Entered: 12/21/2015)
2015-12-22event (jf, ) (Entered: 12/22/2015)
2015-12-2220Memorandum in opposition to re 15 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS. (Attachments: # 1 Declaration Luczynski supp decl)(Taaffe, Damon) (Entered: 12/22/2015)
2016-01-1421REPLY in support re 15 Cross MOTION for Summary Judgment filed by ESPIGMENIO HERNANDEZ, JR. (jf) (Entered: 01/15/2016)
2016-02-1722NOTICE of Change of Address by ESPIGMENIO HERNANDEZ, JR (jf) (Entered: 02/19/2016)
2016-02-1723NOTICE of Transfer by ESPIGMENIO HERNANDEZ, JR (jf) (Entered: 02/19/2016)
2016-05-0924NOTICE of Change of Address by ESPIGMENIO HERNANDEZ, JR (jf) (Entered: 05/11/2016)
2016-09-3025MEMORANDUM OPINION AND ORDER GRANTING IN PART and DENYING IN PART Defendant's 12 Motion for Summary Judgment, STAYING 15 Plaintiff's Cross-Motion for Summary Judgment and Case as a whole, and requiring in camera, ex parte production of certain documents on or before 10/31/2016. See attached document for details. Signed by Judge Ketanji Brown Jackson on 09/30/2016. (lckbj1) (Entered: 09/30/2016)
2016-10-3126NOTICE of Supplemental Release by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (Attachments: # 1 Declaration Luczynski, # 2 Exhibit Released pages)(Taaffe, Damon) (Entered: 10/31/2016)
2016-11-2127RESPONSE to Supplemental Release filed by ESPIGMENIO HERNANDEZ, JR. (jf) (Entered: 11/23/2016)
2016-12-0528RESPONSE re 26 Notice (Other), filed by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS. (Taaffe, Damon) (Entered: 12/05/2016)
2016-12-07MINUTE ORDER. In light of the representations made in Defendant's 28 Reply in Support of Supplemental Release regarding it's reprocessing of Plaintiff's FOIA request, it is hereby ORDERED that Defendant shall file a status report regarding its reprocessing of Plaintiff's FOIA request on or before 1/9/2017, and that Plaintiff's 15 cross-motion for summary judgment is DENIED as moot. It is FURTHER ORDERED that the following briefing schedule is set for renewed motions for summary judgment: Defendant's motion is due on or before 2/1/2017; Plaintiff's opposition and cross-motion is due on or before 3/8/2017; Defendant's reply and cross-motion opposition is due on or before 4/5/2017; and Plaintiff's cross-motion reply is due on or before 5/3/2017. Signed by Judge Ketanji Brown Jackson on 12/7/2017. (lckbj1) (Entered: 12/07/2016)
2017-01-0929STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS. (Taaffe, Damon) (Entered: 01/09/2017)
2017-01-2730NOTICE of Appearance by April Denise Seabrook on behalf of All Defendants (Seabrook, April) (Entered: 01/27/2017)
2017-01-2731MOTION for Extension of Time to File Dispositive Motion and Memorandum in Support by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (Seabrook, April) (Entered: 01/27/2017)
2017-02-2432NOTICE OF SUBSTITUTION OF COUNSEL by Scott Leeson Sroka on behalf of UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS Substituting for attorney April Denise Seabrook (Sroka, Scott) (Entered: 02/24/2017)
2017-02-2433MOTION for Extension of Time to File Renewed Dispositive Motion by UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (Sroka, Scott) (Entered: 02/24/2017)
2017-03-01MINUTE ORDER: Defendants' 31 33 Motions for Extension of Time are granted. Defendants shall file their dispositive motion by March 17, 2017; plaintiff shall file his opposition and cross-motion, if any, by April 17, 2017; defendants shall file their reply and opposition to plaintiff's cross-motion by May 17, 2017; plaintiff shall file his reply by June 17, 2017. Signed by Judge Ketanji Brown Jackson on 3/1/17. (ms) (Entered: 03/01/2017)
2017-03-0134NOTICE OF WITHDRAWAL OF APPEARANCE as to UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS. Attorney Damon William Taaffe terminated. (Taaffe, Damon) (Entered: 03/01/2017)
2017-03-01Set/Reset Deadlines: Cross Motions due by 4/17/2017. Response to Cross Motions due by 5/17/2017. Reply to Cross Motions due by 6/17/2017. Dispositive Motions due by 3/17/2017. Response to Dispositive Motions due by 4/17/2017. Reply to Dispositive Motions due by 5/17/2017. (gdf) (Entered: 03/02/2017)
2017-03-1735Second MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support of Renewed Motion for Summary Judgment, # 2 Declaration (Supplemental) of David Luczynski, # 3 Declaration (Second) of Katherine L. Myrick)(Sroka, Scott) (Entered: 03/17/2017)
2017-03-1736NOTICE of Change of Address by ESPIGMENIO HERNANDEZ, JR (jf) (Entered: 03/20/2017)
2017-03-2137Order advising plaintiff to respond to 35 Defendant's Renewed MOTION for Summary Judgment by 4/17/2017. Signed by Judge Ketanji Brown Jackson on 3/21/17. (ms) (Entered: 03/21/2017)
2017-04-0638Cross MOTION for Summary Judgment by ESPIGMENIO HERNANDEZ, JR (jf) (Entered: 04/07/2017)
2017-04-0639Memorandum in opposition to re 35 Second MOTION for Summary Judgment filed by ESPIGMENIO HERNANDEZ, JR. (jf) (Entered: 04/07/2017)
2017-05-1740MOTION for Extension of Time to File Response/Reply as to 38 MOTION for Summary Judgment and Opposition to Renewed Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Sroka, Scott) (Entered: 05/17/2017)
2017-05-22MINUTE ORDER: Defendants' 40 motion for extension of time is GRANTED. Their reply and opposition to Plaintiff's 38 cross-motion for summary judgment is due by 5/31/2017, and Plaintiff's Reply is due by 7/5/2017. Signed by Judge Ketanji Brown Jackson on 5/22/17. (ms) (Entered: 05/22/2017)
2017-05-3141REPLY to opposition to motion re 35 Second MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Sroka, Scott) (Entered: 05/31/2017)
2017-05-3142Memorandum in opposition to re 38 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Sroka, Scott) (Entered: 05/31/2017)
2019-03-2943MOTION for Status Conference, MOTION for Leave to Appear by Telephone by ESPIGMENIO HERNANDEZ, JR (jf) (Entered: 04/02/2019)
2020-02-2144NOTICE OF SUBSTITUTION OF COUNSEL by Patricia K. McBride on behalf of All Defendants Substituting for attorney Scott Sroka (McBride, Patricia) (Entered: 02/21/2020)
2021-05-2445ORDER requiring submission of materials for in camera review on or before 6/7/2021. Signed by Judge Ketanji Brown Jackson on 5/24/2021. (lcnj) (Entered: 05/24/2021)
2021-05-24MINUTE ORDER. In light of this Court's 45 Order requiring submission of materials for in camera review, it is hereby ORDERED that Plaintiff's 43 motion for a status conference and for leave to appear by telephone is DENIED as moot. Signed by Judge Ketanji Brown Jackson on 5/24/2021. (lcnj) (Entered: 05/24/2021)
2021-06-0746MOTION for Extension of Time to Respond to the Court's May 24, 2021 Order by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS. (Attachments: # 1 Text of Proposed Order)(McBride, Patricia) (Entered: 06/07/2021)
2021-06-07MINUTE ORDER granting 46 Motion for Extension of Time to Respond to Order. It is hereby ORDERED that Defendants shall submit materials for in camera review on or before 7/7/2021. Signed by Judge Ketanji Brown Jackson on 6/7/2021. (jag) (Entered: 06/07/2021)
2021-06-1047Mail Returned as Undeliverable; Sent to Espigmenio Hernandez, Jr.; Type of Document Returned: #45 Order; Resent at New Address: FMC, Forth Worth, Federal Medical Center, P.O. Box 15330, Forth Worth, TX 76119. (zgdf) (Entered: 06/10/2021)
2021-08-1948NOTICE of Change of Address by ESPIGMENIO HERNANDEZ, JR (zjf) (Entered: 08/25/2021)
2021-11-15Case directly reassigned to Judge Jia M. Cobb. Judge Ketanji Brown Jackson has been appointed to the D.C. Circuit and is no longer assigned to the case. (rj) (Entered: 11/15/2021)
2021-12-09MINUTE ORDER: This case was recently reassigned to the undersigned judge. Defendants are ORDERED to resubmit materials for in camera review to the undersigned judge on or before January 3, 2022. The parties are further ORDERED to submit a status report on or before January 10, 2022, either jointly or separately, to apprise the Court if there have been any recent developments in this matter that impact the status of the case. Signed by Judge Jia M. Cobb on December 9, 2021. (lcjmc1) (Entered: 12/09/2021)
2021-12-17Set/Reset Deadlines: Status Report due by 1/10/2022, jointly or separately. (zgdf) (Entered: 12/17/2021)
2022-01-0549MOTION for Leave to File In Camera document by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS. (McBride, Patricia) (Entered: 01/05/2022)
2022-01-06MINUTE ORDER granting 49 Motion for Leave to File Late Document For In Camera Review: Upon consideration of Defendant's Motion, it is hereby ORDERED that the motion is GRANTED. Signed by Judge Jia M. Cobb on January 6, 2022. (lcjmc1) (Entered: 01/06/2022)
2022-01-1450MOTION for Leave to File Status Report by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS. (McBride, Patricia) (Entered: 01/14/2022)
2022-01-15MINUTE ORDER granting 50 DEFENDANT'S MOTION FOR LEAVE TO LATE FILE DEFENDANT'S STATUS REPORT: Defendant is ORDERED to file by January 28, 2022, a status report apprising the Court of whether there have been any recent developments in this matter that impact the status of the case. Signed by Judge Jia M. Cobb on January 15, 2022. (lcjmc1) (Entered: 01/15/2022)
2022-01-1553SEALED STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS. (See Docket Entry 50 to view document) (zjf) (Entered: 02/11/2022)
2022-01-2651Letter from Plaintiff. "LET THIS BE FILED" Signed by JIA M. COBB, U.S.D.J. on 01/26/2022 (zjf) (Entered: 01/28/2022)
2022-02-0952MOTION re 50 MOTION for Leave to File Status Report by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS. (McBride, Patricia) (Entered: 02/09/2022)
2022-02-10MINUTE ORDER granting 52 Motion: The Court accepts Defendant's representations in 50 MOTION FOR LEAVE TO LATE FILE DEFENDANT'S STATUS REPORT as its status update in the case. Signed by Judge Jia M. Cobb on February 10, 2022. (lcjmc1). (Entered: 02/10/2022)
2024-01-1954MEMORANDUM OPINION re 35 38 Cross Motions for Summary Judgment: See document for details. Signed by Judge Jia M. Cobb on January 19, 2024. (lcjmc2) (Main Document 54 replaced on 1/19/2024) (ztnr). (Entered: 01/19/2024)
2024-01-1955ORDER granting 35 Defendants' Motion for Summary Judgment and denying 38 Plaintiff's Motion for Summary Judgment: See document for details. Signed by Judge Jia M. Cobb on January 19, 2024. (lcjmc2) (Main Document 55 replaced on 1/19/2024) (ztnr). (Entered: 01/19/2024)
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