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Case TitleZullo v. U.S. Department of Justice
DistrictDistrict of Massachusetts
CityBoston
Case Number1:2017cv12323
Date Filed2017-11-27
Date Closed2018-10-29
JudgeMagistrate Judge M. Page Kelley
PlaintiffJeremy D. Zullo
Case DescriptionJeremy Zullo, a federal prisoner, submitted a FOIA request to the Bureau of Alcohol, Tobacco and Firearms for records concerning alleged misconduct by the agency during several investigations. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Zullo filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Recovery of Costs

DefendantU.S. Department of Justice
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-11-271COMPLAINT against U.S. Department of Justice, filed by Jeremy D. Zullo.(Franklin, Yvonne) (Entered: 11/27/2017)
2017-11-272General Order 09-1, dated January 6, 2009 regarding the E-Government Act and Personal Identifiers entered. (Franklin, Yvonne) (Entered: 11/27/2017)
2017-11-273NOTICE of Case Assignment. Magistrate Judge M. Page Kelley assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded here . These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Caruso, Stephanie) (Entered: 11/27/2017)
2017-11-274Magistrate Judge M. Page Kelley: ORDER entered. No later than December 18, 2017, plaintiff either shall (1) pay the $400.00 filing and administrative fees; or (2) file an application to proceed in forma pauperis accompanied by a certified prison account statement. Failure of the plaintiff to comply with this directive may result in the dismissal of this action. [Order mailed to plaintiff and prisoner treasurer on 11/27/2017; Application to Proceed in District Court without Prepayment of Fees and Costs included with order sent to plaintiff.](PSSA, 3) Modified on 11/27/2017 (Moore, Kellyann). (Entered: 11/27/2017)
2017-12-085MOTION for Leave to Proceed in forma pauperis by Jeremy D. Zullo. (Attachments: # 1 Application, # 2 Inmate transaction report, # 3 Certificate of Service)(Moore, Kellyann) (Entered: 12/12/2017)
2017-12-136Magistrate Judge M. Page Kelley: ORDER entered granting 5 Motion for Leave to Proceed in forma pauperis. The Clerk shall issue a summons for the DOJ and the plaintiff shall serve the summons, complaint, consent package, and this Order upon the DOJ, the Attorney General of the United States, and the United States Attorney for the District of Massachusetts in accordance with Rule 4 of the Federal Rules of Civil Procedure. Because the plaintiff is proceeding in forma pauperis, he may elect to have the United States Marshals Service complete service with all costs of service to be advanced by the United States. The plaintiff shall have 90 days from the date of the issuance of the summons to complete service. [Order mailed to plaintiff and prison treasurer on 12/15/2017.] (PSSA, 3) (Entered: 12/15/2017)
2017-12-157NOTICE: re payment of fee (prisoner filer) issued to the Treasurer at FMC Devens. [Notice mailed to plaintiff and prison treasurer on 12/15/2017.] (PSSA, 3) (Entered: 12/15/2017)
2017-12-158Summons Issued as to U.S. Department of Justice and mailed to plaintiff on 12/15/2017 with Local Rule 4.1, consent package, and forms and instructions for service by the United States Marshals Service. (Attachments: # 1 Local Rule 4.1 and Instructions for Service by USMS)(PSSA, 3) (Entered: 12/15/2017)
2018-03-089SUMMONS Returned Executed by Jeremy D. Zullo. (Attachments: # 1 Letter, # 2 Certified Mail Receipts)(Moore, Kellyann) (Entered: 03/08/2018)
2018-03-0810SUMMONS Returned Executed as to US Attorney by Jeremy D. Zullo. U.S. Department of Justice served on 3/7/2018, answer due 5/7/2018. (Moore, Kellyann) (Entered: 03/08/2018)
2018-03-1911SUMMONS Returned Executed (Moore, Kellyann) (Entered: 03/20/2018)
2018-03-1912SUMMONS Returned Executed (Moore, Kellyann) (Entered: 03/20/2018)
2018-03-2813NOTICE of Appearance by Jessica P. Driscoll on behalf of U.S. Department of Justice (Driscoll, Jessica) (Entered: 03/28/2018)
2018-04-0315MOTION for Extension of Time to June 4, 2018 to To Respond to Plaintiff's Complaint by U.S. Department of Justice.(Driscoll, Jessica) (Entered: 04/03/2018)
2018-04-0316Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting 15 Motion for Extension of Time to Answer or Otherwise Respond. Defendant shall file an answer, or otherwise respond to the complaint, on or before the close of business on Monday, June 4, 2018. (MacDougall, Patricia) (Entered: 04/03/2018)
2018-06-0417ANSWER to 1 Complaint by U.S. Department of Justice.(Driscoll, Jessica) (Entered: 06/04/2018)
2018-06-0518STATUS REPORT and Motion for Briefing Schedule by U.S. Department of Justice. (Driscoll, Jessica) (Entered: 06/05/2018)
2018-06-0619Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered. Order on document no. 18 , defendant's status report and request for briefing schedule. Defendants are relieved of their obligations under Local Rule 16.1, as this is a pro se matter and plaintiff is incarcerated. The court stays discovery pending the outcome of summary judgment. Defendant is not relieved from its obligation to file a statement of facts under Local Rule 56.1. Defendant shall file its motion for summary judgment by July 13, 2018. Plaintiff shall file his opposition by September 14, 2018. Defendant shall file a reply, if any, by October 12, 2018. (Belmont, Kellyann) (Entered: 06/06/2018)
2018-06-0620Copy re 19 Order mailed to Jeremy D. Zullo on 6/6/2018. (Belmont, Kellyann) (Entered: 06/06/2018)
2018-07-1222MOTION for Summary Judgment by U.S. Department of Justice.(Driscoll, Jessica) (Entered: 07/12/2018)
2018-07-1223MEMORANDUM in Support re 22 MOTION for Summary Judgment filed by U.S. Department of Justice. (Driscoll, Jessica) (Entered: 07/12/2018)
2018-07-1224Statement of Material Facts L.R. 56.1 re 22 MOTION for Summary Judgment filed by U.S. Department of Justice. (Attachments: # 1 Exhibit 1)(Driscoll, Jessica) (Entered: 07/12/2018)
2018-10-2925Magistrate Judge M. Page Kelley: ORDER entered. MEMORANDUM AND ORDER: "For the reasons stated, it is ORDERED that Defendant's Motion for Summary Judgment (# 22 ) be, and the same hereby is, ALLOWED. Judgment shall enter for defendant, United States Department of Justice. "(Belmont, Kellyann) (Entered: 10/29/2018)
2018-10-2926Magistrate Judge M. Page Kelley: ORDER entered. JUDGMENT (Belmont, Kellyann) (Entered: 10/29/2018)
2018-10-2927Copy re 25 Memorandum & ORDER, 26 Judgment mailed to Jeremy D. Zullo on 10/29/2018. (Belmont, Kellyann) (Entered: 10/29/2018)
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