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Case TitleCREDICO v. DEPARTMENT OF HOMELAND SECURITY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv01127
Date Filed2015-07-15
Date Closed2016-03-14
JudgeJudge Randolph D. Moss
PlaintiffJUSTIN CREDICO
Case DescriptionJustin Credico submitted a FOIA request to the Department of Homeland Security for records concerning the Stuxnet Worm that was used to attack Iran's nuclear program. The agency told Credico that the records were the property of the contractor, Battelle, and were not agency records. Credico then filed suit.
Complaint issues: Agency Record

DefendantDEPARTMENT OF HOMELAND SECURITY
AppealD.C. Circuit 16-5143
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [23]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-07-151COMPLAINT against DEPARTMENT OF HOMELAND SECURITY filed by JUSTIN CREDICO. (Attachments: # 1 Civil Cover Sheet)(zrdj) (Entered: 07/16/2015)
2015-07-152MOTION for Leave to Proceed in forma pauperis by JUSTIN CREDICO (zrdj) (Entered: 07/16/2015)
2015-07-153PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by JUSTIN CREDICO (zrdj) (Entered: 07/16/2015)
2015-07-154VACATED PURSUANT TO 24 ORDER FILED 3/11/2016.....ORDER directing an initial partial filing fee in the amount of $3.54 be made from Prison Account of JUSTIN CREDICO ; further ordered, granting 2 MOTION for Leave to Proceed in forma pauperis (See Order for full details). Signed by Judge Richard J. Leon on 7/9/2015. (zrdj) Modified on 3/14/2016 (zrdj). (Entered: 07/16/2015)
2015-07-175SUMMONS (3) Issued as to DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (zrdj) (md). (Entered: 07/16/2015)
2015-07-316NOTICE of Appearance by Claire M. Whitaker on behalf of DEPARTMENT OF HOMELAND SECURITY (Whitaker, Claire) (Entered: 07/31/2015)
2015-08-067RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/28/2015., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/28/2015. ( Answer due for ALL FEDERAL DEFENDANTS by 8/27/2015.) (zrdj) (Entered: 08/07/2015)
2015-08-178MOTION for Subpoena Duces Tecum by JUSTIN CREDICO (zrdj) (Entered: 08/18/2015)
2015-08-249RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF HOMELAND SECURITY served on 8/13/2015 (zrdj) (Entered: 08/25/2015)
2015-08-2710MOTION to Dismiss , MOTION for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Statement of Facts, # 2 Exhibit Attachment 1-Declaration of Keith Dupont, # 3 Text of Proposed Order)(Whitaker, Claire) (Entered: 08/27/2015)
2015-08-2711Memorandum in opposition to re 8 MOTION for Subpoena Duces Tecum filed by DEPARTMENT OF HOMELAND SECURITY. (Whitaker, Claire) (Entered: 08/27/2015)
2015-09-0812Memorandum in opposition to re 10 MOTION to Dismiss MOTION for Summary Judgment filed by JUSTIN CREDICO. (zrdj) (Entered: 09/10/2015)
2015-09-1713REPLY to opposition to motion re 10 MOTION to Dismiss MOTION for Summary Judgment filed by DEPARTMENT OF HOMELAND SECURITY. (Whitaker, Claire) (Entered: 09/17/2015)
2015-09-2814MOTION for Leave to File sur reply by JUSTIN CREDICO (zrdj) (Entered: 09/30/2015)
2015-11-19MINUTE ORDER: Upon consideration of Plaintiff Credico's unopposed Motion for Leave to File Sur-Reply 14 , it is hereby ORDERED that the motion is GRANTED. The sur-reply attached to his motion is deemed filed. Signed by Judge Randolph D. Moss on 11/19/2015. (lcrdm3, ) (Entered: 11/19/2015)
2015-11-1915ORDER: Plaintiff Credico may file a supplemental opposition on or before December 11, 2015. Defendant Department of Homeland Security may reply to any supplemental opposition on or before December 18, 2015. See attached document for details. Signed by Judge Randolph D. Moss on 11/19/2015. (lcrdm3, ) (Entered: 11/19/2015)
2015-11-19Set/Reset Deadlines: Plaintiff Credico may file a supplemental opposition on or before 12/11/2015; Defendant Department of Homeland Security may reply to any supplemental opposition on or before 12/18/2015. (kt) (Entered: 11/19/2015)
2015-11-1916SURREPLY to re 10 MOTION to Dismiss MOTION for Summary Judgment filed by JUSTIN CREDICO. (See docket entry 14 to view document)(zrdj) (Entered: 11/20/2015)
2015-12-0717Memorandum in opposition to re 10 MOTION to Dismiss MOTION for Summary Judgment filed by JUSTIN CREDICO. (zrdj) (Entered: 12/08/2015)
2015-12-0718Cross MOTION for Summary Judgment by JUSTIN CREDICO (See docket entry 17 to view document)(zrdj) (Entered: 12/08/2015)
2015-12-1519RESPONSE TO ORDER OF THE COURT re 15 Order, and Plaintiff's Response thereto, ECF No. 17 filed by DEPARTMENT OF HOMELAND SECURITY. (Whitaker, Claire) (Entered: 12/15/2015)
2016-02-02MINUTE ORDER: It is hereby ORDERED that the parties shall, on or before March 2, 2016, address whether this case should be dismissed without prejudice on the grounds that Plaintiff has "three strikes" under 28 U.S.C. § 1915(g). Cf. Credico v. BOP FDC Warden of Philadelphia, 592 Fed. Appx. 55, 56 (3rd Cir. 2014) ("Credico noted that he sought mandamus relief because he did not have the money to pay the fees for a civil suit and his 'three strikes' under 28 U.S.C. § 1915(g) presented an obstacle to proceeding in forma pauperis."). Alternatively, Credico may pay the filing fee on or before that date. The deputy clerk is directed to mail Credico a copy of this Minute Order and a copy of the Third Circuit's non-precedential opinion in Credico v. BOP FDC Warden of Philadelphia. Signed by Judge Randolph D. Moss on 2/2/2016. (lcrdm3, ) Modified on 2/3/2016 to include language for mailing Minute Order and opinion provided by Chambers (kt). (Entered: 02/02/2016)
2016-02-03Set/Reset Deadline: The parties shall, on or before 3/2/2016, address whether this case should be dismissed without prejudice. (kt) (Entered: 02/03/2016)
2016-02-1120RESPONSE TO ORDER OF THE COURT re MINUTE Order filed by JUSTIN CREDICO. (zrdj) (Entered: 02/16/2016)
2016-03-0121RESPONSE TO ORDER OF THE COURT re Order,,, filed by DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit 1 (National Pacer Report), # 2 Exhibit 2 (Memorandum of Court E.D.Pa), # 3 Text of Proposed Order)(Whitaker, Claire) (Entered: 03/01/2016)
2016-03-1022REPLY TO ORDER OF THE COURT re MINUTE ORDER filed by JUSTIN CREDICO. (zrdj) (Entered: 03/11/2016)
2016-03-1123MEMORANDUM OPINION AND ORDER: This case is DISMISSED without prejudice because Plaintiff has three strikes under 28 U.S.C. 1915(g) and has not paid the filing fee. Plaintiff's motion for subpoena 8 is DENIED as moot. Defendant's motion to dismiss or for summary judgment 10 is DENIED as moot. Plaintiff's cross motion for summary judgment 18 is DENIED as moot. See attached document for deatils. Signed by Judge Randolph D. Moss on 3/11/2016. (lcrdm3, ) (Entered: 03/11/2016)
2016-03-1124ORDER: The Court's 4 order of July 15, 2015 is hereby VACATED. Plaintiff need not make any future payments to his trust fund account for purposes of paying the fee in this case. It is further ORDERED that the clerk shall reimburse Plaintiff $3.54. See attached document for details. Signed by Judge Randolph D. Moss on 3/11/2016. (lcrdm3, ) Modified on 3/11/2016 to add "see attached document for details". (kt). Modified on 3/14/2016 (zrdj). (Entered: 03/11/2016)
2016-03-14MINUTE ORDER: It is hereby ORDERED that the clerk shall reimburse Credico $3.60, not $3.54 as stated in the Court's Order of March 11, 2016 24 . Signed by Judge Randolph D. Moss on 3/14/2016. (lcrdm3, ) (Entered: 03/14/2016)
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