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Case TitlePrice v. The National Security Agency
DistrictSouthern District of Florida
CityMiami
Case Number1:2017cv24440
Date Filed2017-12-07
Date Closed2019-09-26
JudgeJudge Darrin P. Gayles
PlaintiffJames Price
Case DescriptionJames Price, a federal prisoner, submitted a FOIA request to the National Security Agency for records concerning the Vulnerabilities Equity Process. After hearing nothing further from the agency, Price filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantThe National Security Agency
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-12-071COMPLAINT against The National Security Agency. Filing fees $ 400.00 No Filing Fee/No I.F.P., filed by James Price. (Attachments: # 1 Civil Cover Sheet)(vmz) (Entered: 12/07/2017)
2017-12-072Clerks Notice of Judge Assignment to Judge Darrin P. Gayles and Magistrate Judge Patrick A. White. Pursuant to Administrative Order 2003-19, this matter is referred to the Magistrate Judge for a ruling on all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (vmz) (Entered: 12/07/2017)
2017-12-113Clerks Notice re: Filing Fee - Outstanding/Pending. (jmd) (Entered: 12/11/2017)
2018-01-024MOTION for Leave to Proceed in forma pauperis by James Price. (lk) (Entered: 01/03/2018)
2018-01-05Magistrate Judge Patrick A. White no longer assigned to case; Case is regarding the Freedom of Information Act. (vjk) (Entered: 01/05/2018)
2018-01-315NOTICE by The National Security Agency regarding service of process . Attorney Carlos Javier Raurell added to party The National Security Agency(pty:dft). (Raurell, Carlos) (Entered: 01/31/2018)
2018-02-086NOTICE of filing summons by James Price. (vjk) (Entered: 02/08/2018)
2018-02-097ENDORSED ORDER REFERRING CASE to Magistrate Judge Alicia M. Otazo-Reyes pursuant to Administrative Order 2003-19 for a ruling on all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters. Signed by Judge Darrin P. Gayles (hs01) (Entered: 02/09/2018)
2018-02-098ORDER re 4 MOTION for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 2/9/2018. (kmh) (Entered: 02/09/2018)
2018-03-129MOTION for Leave to Proceed in forma pauperis by James Price. (lk) (Entered: 03/13/2018)
2018-03-1210Financial AFFIDAVIT of James Price re 9 MOTION for Leave to Proceed in forma pauperis by James Price (lk) (Entered: 03/13/2018)
2018-03-1411ORDER granting 9 Motion for Leave to Proceed in forma pauperis. USM Service ordered . Summonses provided for issuance by Clerk for USM Service . Re: 6 Notice (Other) filed by James Price. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 3/13/2018. (sl) (Entered: 03/14/2018)
2018-04-2312Summons Issued as to The National Security Agency, (lk) (Entered: 04/23/2018)
2018-04-2313CLERK'S NOTICE of compliance and summons package placed in Marshal's Box in FTL re 11 ORDER granting 9 Motion for Leave to Proceed in forma pauperis. USM Service ordered . Summonses provided for issuance by Clerk for USM Service . Re: 6 Notice (Other) filed by James Price. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 3/13/2018. (sl) (lk) (Entered: 04/23/2018)
2018-06-1114Plaintiff's MOTION to Compel Court's Order re DE 11 by James Price. Responses due by 6/25/2018 (ebz) (Entered: 06/12/2018)
2018-06-1315SUMMONS (Affidavit) Returned Executed on 1 Complaint with a 21 day response/answer filing deadline by James Price. The National Security Agency served on 5/16/2018, answer due 6/6/2018. (ebz) (Entered: 06/13/2018)
2018-06-1416PAPERLESS ORDER denying as moot 14 Motion to Compel. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 6/14/2018. (sl) (Entered: 06/14/2018)
2018-06-1517NOTICE by The National Security Agency regarding service of process (Raurell, Carlos) (Entered: 06/15/2018)
2018-07-2418Summons Issued as to The National Security Agency. (by serving the U.S. Attorney)(ebz) (Entered: 07/25/2018)
2018-07-3119Docket entry made in error. (lk) Modified text and restricted image on 8/2/2018 (lk). (Entered: 07/31/2018)
2018-08-0220SUMMONS (Affidavit) Returned Executed by James Price. USA/The National Security Agency served on 7/30/2018, answer due 9/20/2018. (lk) (Entered: 08/02/2018)
2018-08-0221Clerks Notice of Docket Correction re 19 Summons Returned Executed. Document Restricted Due to Error ; The correct document 20 has been docketed. (lk) (Entered: 08/02/2018)
2018-08-0222MOTION to direct the United States Marshal to execute service on the United States by James Price. Responses due by 8/16/2018 (ebz) (Entered: 08/02/2018)
2018-08-0223RESPONSE to Motion re 22 MOTION for Appointment of Special Process Server filed by The National Security Agency. Replies due by 8/9/2018. (Raurell, Carlos) (Entered: 08/02/2018)
2018-08-2824Defendant's ANSWER and Affirmative Defenses to Complaint by The National Security Agency. (Raurell, Carlos) (Entered: 08/28/2018)
2018-08-3125PAPERLESS ORDER denying as moot 22 Motion to Appoint Special Process Server. Signed by Judge Darrin P. Gayles (hs01) (Entered: 08/31/2018)
2018-08-3126ENDORSED ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before September 14, 2018 , the parties shall prepare and file a Joint Scheduling Report, as well as Certificates of Interested Parties and Corporate Disclosure Statements. The parties shall also file a Proposed Scheduling Order, adhering to the format and guidance of the attached form. If the parties deviate in any way from that format and guidance, they shall contemporaneously submit a written explanation, which provides their purported justification for each and every deviation. If the parties fail to submit such written explanation, the Court may enter a Scheduling Order that does not take into account the parties' proposed dates. Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles (hs01) (Entered: 08/31/2018)
2018-09-1027Defendant's MOTION for Entry of Briefing Schedule In Lieu of Standard Trial Setting Order and For Protective Order re 26 Order Requiring Joint Scheduling Report,,, by The National Security Agency. (Raurell, Carlos) (Entered: 09/10/2018)
2018-09-1128Plaintiff's notice of exhaustion of administrative remedies and MOTION for Sanctions by James Price. (ebz) (Entered: 09/11/2018)
2018-09-1129MOTION for Extension of Time to file joint scheduling report and proposed scheduling order by James Price. Responses due by 9/25/2018 (ebz) (Entered: 09/11/2018)
2018-09-1130NOTICE OF UNAVAILABILITY by James Price for dates of 9/10-9/11/2018, 9/19/2018, 9/24-9/25/2018, and 10/1/2018 (ebz) (Entered: 09/11/2018)
2018-09-2431RESPONSE In Opposition to 27 Defendant's MOTION for Entry of Briefing Schedule In Lieu of Standard Trial Setting Order and For Protective Order re 26 Order Requiring Joint Scheduling Report,,, by James Price. (cqs) (Entered: 09/24/2018)
2018-09-2432NOTICE Of Filing: Memorandum and Proposed Order by James Price re 31 Response (Other) (cqs) (Entered: 09/24/2018)
2018-09-2533RESPONSE in Opposition re 28 MOTION for Sanctions filed by The National Security Agency. Replies due by 10/2/2018. (Attachments: # 1 Exhibit Plaintiff's FOIA Request, # 2 Exhibit NSA's Nov 22, 2017 Response to FOIA Request, # 3 Exhibit NSA's Nov 27, 2017 Response to FOIA Request)(Raurell, Carlos) (Entered: 09/25/2018)
2018-10-1034REPLY to 33 Response in Opposition to the Notice of Exhaustion of Administrative Remedies, by James Price. (lk) (Entered: 10/11/2018)
2018-10-1135PAPERLESS ORDER granting 27 Defendant's Motion for Entry of Briefing Schedule and for Protective Order. In view of the unique nature of lawsuits brought under FOIA, which are generally resolved through motions for summary judgment, the Court enters the following schedule for briefing summary judgment motions: Motions for Summary Judgment shall be filed on or before January 14, 2019; Responses to Motions for Summary Judgment shall be filed on or before February 14, 2019; Replies in support of Motions for Summary Judgment shall be filed on or before March 8, 2019. Because discovery is generally not available in lawsuits under FOIA before a court has ruled upon a motion for summary judgment, discovery in this action shall be prohibited until further order of the Court. Signed by Judge Darrin P. Gayles (hs01) (Entered: 10/11/2018)
2018-10-1136PAPERLESS ORDER denying as moot 29 Motion for Extension of Time to File Joint Scheduling Report and Proposed Order. Signed by Judge Darrin P. Gayles (hs01) (Entered: 10/11/2018)
2018-10-12Set/Reset Deadlines/Hearings as per DE 35 : Dispositive Motion (Motion for summary Judgment) due by 1/14/2019. Responses due by 2/14/2019 Replies due by 3/8/2019. (lk) (Entered: 10/12/2018)
2018-10-1837ORDER denying 28 MOTION for Sanctions. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 10/18/2018. See attached document for full details. (kmh) (Entered: 10/18/2018)
2019-01-0738Defendant's MOTION to Stay Action Pending Lapse in Appropriations by The National Security Agency. Responses due by 1/22/2019 (Raurell, Carlos) (Entered: 01/07/2019)
2019-01-0839PAPERLESS ORDER granting 38 Motion to Stay. This case is STAYED for the pendency of the lapse of appropriations. All currently pending deadlines are extended for a period of time equal to the duration of the lapse of appropriations. Signed by Judge Darrin P. Gayles (hs01) (Entered: 01/08/2019)
2019-02-1940Statement of: Undisputed Material Facts by The National Security Agency (Attachments: # 1 Exhibit Thompson Declaration, # 2 Appendix Exhibits to Thompson Declaration)(Raurell, Carlos) (Entered: 02/19/2019)
2019-02-1941MOTION for Summary Judgment by The National Security Agency. Responses due by 3/5/2019 (Attachments: # 1 Exhibit Thompson Declaration, # 2 Appendix Exhibits to Thompson Declaration)(Raurell, Carlos) (Entered: 02/19/2019)
2019-03-2042MOTION for Extension of Time to File Cross Motion for Summary Judgment by James Price. Responses due by 4/3/2019. (jas) (Entered: 03/21/2019)
2019-03-2043Plaintiff's Statement of: Disputed Facts by James Price. (jas) (Entered: 03/21/2019)
2019-04-0444ORDER granting 42 MOTION for Extension of Time. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 4/3/2019. See attached document for full details. (kmh) (Entered: 04/04/2019)
2019-04-3045SECOND MOTION for Extension of Time to file Cross-motion for summary judgment by James Price. Responses due by 5/14/2019 (lk) (Entered: 05/01/2019)
2019-05-0246PAPERLESS ORDER LIFTING STAY, ORDER REOPENING CASE. Signed by Judge Darrin P. Gayles (hs01) (Entered: 05/02/2019)
2019-05-0247ORDER granting in part 45 SECOND MOTION for Extension of Time. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 5/2/2019. See attached document for full details. (kmh) (Entered: 05/02/2019)
2019-05-2848CROSS-MOTION for Summary Judgment by James Price. Responses due by 6/11/2019 (lk) (Entered: 05/29/2019)
2019-05-2849Statement of: disputed material facts by James Price re 48 MOTION for Summary Judgment (lk) (Entered: 05/29/2019)
2019-06-0350Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to 48 MOTION for Summary Judgment by The National Security Agency. (Raurell, Carlos) (Entered: 06/03/2019)
2019-06-0651PAPERLESS ORDER granting 50 Defendants' Motion for Extension of Time to Respond to Plaintiff's Motion for Summary Judgment. Defendants' Response shall be filed on or before September 3, 2019. Signed by Judge Darrin P. Gayles (lfn) (Entered: 06/06/2019)
2019-07-3152REPORT AND RECOMMENDATION re 41 MOTION for Summary Judgment; 48 CROSS-MOTION for Summary Judgment. Objections to R&R due by 8/14/2019. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 7/31/2019. See attached document for full details. (kmh) (Entered: 07/31/2019)
2019-08-1253MOTION for Extension of Time to File Objections to 52 Report and Recommendation by James Price. (ar2) (Entered: 08/13/2019)
2019-08-1354PAPERLESS ORDER granting 53 Plaintiff's Motion for Extension of Time to File Objections to the Report and Recommendations. Plaintiff's Objections shall be filed on or before September 12, 2019. Signed by Judge Darrin P. Gayles (lfn) (Entered: 08/13/2019)
2019-08-13Set/Reset Deadlines/Hearings as per DE 54 : Objections to R&R due by 9/12/2019 (lk) (Entered: 08/14/2019)
2019-09-1855OBJECTIONS to 52 Report and Recommendations by James Price. (pcs) (Entered: 09/18/2019)
2019-09-2656ORDER Adopting 52 Report and Recommendation; Granting 41 Motion for Summary Judgment; Denying 48 Motion for Summary Judgment. Closing Case. Signed by Judge Darrin P. Gayles on 9/26/2019. See attached document for full details. (ar2) (Entered: 09/26/2019)
2019-09-2657FINAL JUDGMENT in favor of Defendant, National Security Agency and against Plaintiff, James Price. Signed by Judge Darrin P. Gayles on 9/26/2019. See attached document for full details. (ar2) (Entered: 09/26/2019)
2019-10-2958MOTION for Reconsideration re 56 Order on Report and Recommendations, by James Price. (pes) (Entered: 10/30/2019)
2019-12-0559PAPERLESS ORDER denying 58 Plaintiff's Motion for Reconsideration pursuant to Fed. R. Civ. P. 52(b), 59(e), and 60(b). Signed by Judge Darrin P. Gayles (lfn) (Entered: 12/05/2019)
2020-01-0260Notice of Appeal as to 57 Judgment, 59 Order on Motion for Reconsideration, 56 Order on Report and Recommendations, Order on Motion for Summary Judgment by James Price. FILING FEE: (NOT PAID). Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (apz) (Entered: 01/03/2020)
2020-01-03Transmission of Notice of Appeal, Orders/Judgment under appeal and Docket Sheet to US Court of Appeals re 60 Notice of Appeal, Notice has been electronically mailed. (apz) (Entered: 01/03/2020)
2020-01-1061Acknowledgment of Receipt of NOA from USCA re 60 Notice of Appeal, filed by James Price. Date received by USCA: 1/3/2020. USCA Case Number: 20-10078-HH. (apz) (Entered: 01/10/2020)
2020-10-2762ORDER of Dismissal of USCA, DISMISSED for want of prosecution because the appellant James E. Price, III has failed to file an appellant's brief within the time fixed by the rules as to 60 Notice of Appeal, filed by James Price, USCA # 20-10078-HH (hh) (Entered: 10/27/2020)
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