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Case TitleChapman v. Office of Management and Budget
DistrictNorthern District of Illinois
CityChicago
Case Number1:2018cv04269
Date Filed2018-06-20
Date Closed2020-09-29
JudgeHonorable John J. Tharp, Jr
PlaintiffMatthew Chapman
Case DescriptionMatthew Chapman submitted a FOIA request to OMB for records concerning metadata contained in emails sent to extensions ending in "omb.eop.gov" during January 2017. The agency acknowledged receipt of the request, but rejected it as being too broad. Chapman then narrowed his request to a seven-day time frame. After hearing nothing further from the agency, Chapman filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit, Public Interest Fee Waiver

DefendantOffice of Management and Budget
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-06-201COMPLAINT filed by Matthew Chapman; Filing fee $ 400, receipt number 0752-14607304. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4)(Massoglia, Daniel) (Entered: 06/20/2018)
2018-06-202CIVIL Cover Sheet (Massoglia, Daniel) (Entered: 06/20/2018)
2018-06-203ATTORNEY Appearance for Plaintiff Matthew Chapman by Daniel E Massoglia (Massoglia, Daniel) (Entered: 06/20/2018)
2018-06-20CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. (ec, ) (Entered: 06/20/2018)
2018-06-20SUMMONS Issued as to Office of Management and Budget, U.S. Attorney, and U.S. Attorney General (ec, ) (Entered: 06/20/2018)
2018-06-214NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (sxb, ) (Entered: 06/21/2018)
2018-06-215ATTORNEY Appearance for Plaintiff Matthew Chapman by Mariana Karampelas (Karampelas, Mariana) (Entered: 06/21/2018)
2018-07-086SUMMONS Returned Executed by Matthew Chapman as to Office of Management and Budget served on 6/27/2018, answer due 8/27/2018, SUMMONS Returned Executed by Matthew Chapman as to Office of Management and Budget on 6/27/2018, answer due 8/27/2018. (Attachments: # 1 Affidavit Return of Service on U.S. Attorney of ND IL, # 2 Affidavit Return of Service on U.S. Attorney General)(Massoglia, Daniel) (Entered: 07/08/2018)
2018-07-097MINUTE entry before the Honorable John J. Tharp, Jr:This case is set for an initial status conference on 9/12/18 at 9:00 a.m. The parties are directed to review the procedures for initial status conferences, located at [https://www.ilnd.uscourts.gov/judge-info.aspx?79eF+7uiX7ewBj/ITKrjoA==], and to submit the required initial status report no later than 9/5/18. Mailed notice (air, ) (Entered: 07/09/2018)
2018-07-198DESIGNATION of Jimmy Lorenzo Arce as U.S. Attorney for Defendant Office of Management and Budget (Arce, Jimmy) (Entered: 07/19/2018)
2018-08-229MOTION by Defendant Office of Management and Budget for extension of time Defendant's Unopposed Motion to Extend Deadline to File Answer (Arce, Jimmy) (Entered: 08/22/2018)
2018-08-2210NOTICE of Motion by Jimmy Lorenzo Arce for presentment of extension of time 9 before Honorable John J. Tharp Jr. on 8/28/2018 at 09:00 AM. (Arce, Jimmy) (Entered: 08/22/2018)
2018-08-2311MINUTE entry before the Honorable John J. Tharp, Jr:Defendant's unopposed motion for extension of time 9 is granted. No appearance on the motion is required. The government's deadline to answer or otherwise respond to the complaint is now 9/28/17. The initial status conference set for 9/12/18 is reset to 10/10/18 at 9:00 a.m. The initial status report is now due 10/3/18. Mailed notice (air, ) (Entered: 08/23/2018)
2018-09-2812MOTION by Defendant Office of Management and Budget for extension of time to file answer regarding order on motion for extension of time,, terminate hearings,, set/reset hearings, 11 (Arce, Jimmy) (Entered: 09/28/2018)
2018-09-2813NOTICE of Motion by Jimmy Lorenzo Arce for presentment of motion for extension of time to file answer 12 before Honorable John J. Tharp Jr. on 10/4/2018 at 09:00 AM. (Arce, Jimmy) (Entered: 09/28/2018)
2018-10-0114MINUTE entry before the Honorable John J. Tharp, Jr:Defendant's motion to extend the deadline to file an answer 12 is granted. No appearance on the motion is required. Defendant's deadline to file an answer or otherwise respond to the complaint is now 10/5/18. The initial status conference set for 10/10/18 is reset to 10/17/18 at 9:00 a.m. The initial status report is now due 10/10/18. Mailed notice (air, ) (Entered: 10/01/2018)
2018-10-0515ANSWER to Complaint by Office of Management and Budget(Arce, Jimmy) (Entered: 10/05/2018)
2018-10-0916STATUS Report Joint Initial Status Report by Matthew Chapman (Massoglia, Daniel) (Entered: 10/09/2018)
2018-10-1717MINUTE entry before the Honorable John J. Tharp, Jr:Status hearing held and continued to 2/21/19 at 9:00 a.m. to set a possible expert discovery schedule. Defendant did not appear for today's hearing. This case is under the MIDP pilot program. Once the parties have complied with MIDP, formal discovery may be served. Fact discovery cut-off set on 2/22/19. Mailed notice (air, ) (Entered: 10/17/2018)
2018-11-0518NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) , filed by Plaintiff Matthew Chapman. (Massoglia, Daniel) (Entered: 11/05/2018)
2018-11-2819Plaintiff's Motion to Compel MIDPP Disclosures NOTICE of Motion by Daniel E Massoglia for presentment of before Honorable John J. Tharp Jr. on 12/6/2018 at 09:00 AM. (Massoglia, Daniel) (Entered: 11/28/2018)
2018-11-2820MOTION by Plaintiff Matthew Chapman to compel MIDPP Responses (Massoglia, Daniel) (Entered: 11/28/2018)
2018-12-0321RESPONSE by Office of Management and Budget to MOTION by Plaintiff Matthew Chapman to compel MIDPP Responses 20 (Attachments: # 1 Exhibit)(Arce, Jimmy) (Entered: 12/03/2018)
2018-12-0422REPLY by Matthew Chapman to response to motion 21 to Compel MIDPP Responses (Massoglia, Daniel) (Entered: 12/04/2018)
2018-12-0623MINUTE entry before the Honorable John J. Tharp, Jr:Motion hearing held. Plaintiff's motion to compel 20 is granted in part. Defendant is relieved from its MIDP obligations. Plaintiff may proceed to issue discovery and leave will be granted upon request for reasonable additional interrogatories, if needed. Fact discovery cut-off is extended to 4/15/19. Status hearing scheduled for 2/21/19 remains in effect. Mailed notice (air, ) (Entered: 12/07/2018)
2018-12-2624GENERAL ORDER 18-0028 dated 12/26/18: IT IS HEREBY ORDERED, effective December 26, 2018, that all civil litigation involving as a party the United States of America, is immediately suspended, postponed and held in abeyance continuing for a period of fourteen (14) days from the date of entry of this General Order (For Further Details See Attached Order). Signed by the Honorable Ruben Castillo on 12/26/2018: Mailed notice. (sm, ) (Entered: 12/30/2018)
2019-01-0825AMENDED GENERAL ORDER 18-0028 dated 01/08/2019: On December 26, 2018, General Order 18-0028 was entered. It appearing that the lapse of congressional appropriations funding the federal government continues, therefore General Order 18-0028 is now amended. (For Further Details See Attached Order). Signed by the Honorable Ruben Castillo on 1/8/2019: Mailed notice. (sm, ) (Entered: 01/08/2019)
2019-01-2826GENERAL ORDER 19-0004: RESETTING OF DEADLINES IN CIVIL MATTERS INVOLVING THE UNITED STATES AS A PARTY. IT APPEARING THAT as a result of the partial federal government shutdown, this Court amended General Order 18-0028 suspending as of December 21, 2018, all civil litigation in which the United States of America, its agencies, its officers, or employees were parties, with the stated intention of clarifying schedules in such cases upon the expiration of the lapse in appropriations; and IT FURTHER APPEARING THAT appropriations having been restored to fund the Department of Justice and other Executive Branch agencies, with employees beginning to report for work beginning on January 28, 2019; accordingly IT IS THEREFORE ORDERED that the stay entered by General Order 18-0028 is hereby lifted, and any and all deadlines in the affected civil litigation (whether established by order, rule, or agreement.), including but not limited to any scheduled discovery and pleading dates, are extended by 42 days. (For Further Details See Attached Order). Signed by the Honorable Ruben Castillo on 1/28/2019: Mailed notice. (mgw, ) (Entered: 01/28/2019)
2019-01-2927MINUTE entry before the Honorable John J. Tharp, Jr: Notwithstanding the Court's General Order 19-0004, the status hearing set for 2/21/19 remains as scheduled. The Court will determine whether the fact discovery deadline will be adjusted at that hearing. Mailed notice (air, ) (Entered: 01/29/2019)
2019-02-2128MINUTE entry before the Honorable John J. Tharp, Jr: Status hearing held and continued to 3/28/19 at 9:00 a.m. Defendant's oral motion for extension of time to answer interrogatories is granted. Defendant's answers to interrogatories are due by 3/14/19. Defendant's oral motion to quash plaintiff's requests to admit is taken under advisement and defendant's responses are held in abeyance. Plaintiff is to file these requests as proposed requests to admit on the docket prior to the 3/28/19 hearing. Mailed notice (cn). (Entered: 02/21/2019)
2019-02-2329Plaintiff's Proposed Requests to Admit by Matthew Chapman (Massoglia, Daniel) (Entered: 02/23/2019)
2019-03-2830MINUTE entry before the Honorable John J. Tharp, Jr:Status hearing held. The government is granted leave to file a motion for summary judgment which is due by 4/25/19. Plaintiff's response is due by 5/16/19. The government's reply is due by 5/30/19. Once the motion is briefed, the Court will rule via CM/ECF notice and set a future date as appropriate. Mailed notice (air, ) (Entered: 03/28/2019)
2019-04-2231NOTICE by Daniel E Massoglia of Change of Address (Massoglia, Daniel) (Entered: 04/22/2019)
2019-04-2332MOTION by Defendant Office of Management and Budget to stay Agreed Motion to Stay (Arce, Jimmy) (Entered: 04/23/2019)
2019-04-2333NOTICE of Motion by Jimmy Lorenzo Arce for presentment of motion to stay 32 before Honorable John J. Tharp Jr. on 5/8/2019 at 09:00 AM. (Arce, Jimmy) (Entered: 04/23/2019)
2019-04-2434MINUTE entry before the Honorable John J. Tharp, Jr:The agreed motion to stay 32 is granted. No appearance on the motion is required. All deadlines in this case are hereby stayed, including for the briefing on the defendant's motion for summary judgment. A status hearing is set for 5/23/19 at 9:00 a.m. Mailed notice (air, ) (Entered: 04/24/2019)
2019-05-2035MOTION by Plaintiff Matthew Chapman to stay Agreed Motion to Extend Stay and Continue Status Hearing (Massoglia, Daniel) (Entered: 05/20/2019)
2019-05-2036NOTICE of Motion by Daniel E Massoglia for presentment of motion to stay 35 before Honorable John J. Tharp Jr. on 6/12/2019 at 09:00 AM. (Massoglia, Daniel) (Entered: 05/20/2019)
2019-05-2137MINUTE entry before the Honorable John J. Tharp, Jr:The agreed motion to extend the stay and continue the status hearing 35 is granted. No appearance on the motion is required. The status hearing scheduled for 5/23/19 is stricken and reset for 8/1/19 at 9:00 a.m. This case remains stayed. (rbf, ) (Entered: 05/21/2019)
2019-08-0138MINUTE entry before the Honorable John J. Tharp, Jr:Status hearing held and continued to 8/16/19 at 9:30 a.m. Mailed notice (air, ) (Entered: 08/01/2019)
2019-08-1639MINUTE entry before the Honorable John J. Tharp, Jr:Status hearing held and continued to 9/12/19 at 9:00 a.m..Mailed notice (air, ) (Entered: 08/19/2019)
2019-09-1240MINUTE entry before the Honorable John J. Tharp, Jr:Status hearing held and continued to 11/12/19 at 9:00 a.m. Defendant did not appear for today's hearing. Plaintiff believes that the parties have reached a settlement in principal. Mailed notice (air, ) (Entered: 09/12/2019)
2019-11-1241MINUTE entry before the Honorable John J. Tharp, Jr:Status hearing held and continued to 2/18/20 at 9:00 a.m. Parties continue to negotiate settlement. If a stipulated dismissal is filed before the next hearing date, the hearing will be stricken.Mailed notice (air, ) (Entered: 11/12/2019)
2020-02-1842MINUTE entry before the Honorable John J. Tharp, Jr: Status hearing held and continued to 3/19/20 at 9:00 a.m. If a stipulated dismissal is filed, the hearing will be stricken. Mailed notice (air, ) (Entered: 02/18/2020)
2020-03-1643MINUTE entry before the Honorable John J. Tharp, Jr:Consistent with Amended General Order 20-0012 of the United States District Court for the Northern District of Illinois, issued as of today's date, the status hearing set for Thursday, March 19, 2020 is stricken; the hearing is reset to 4/14/20 at 9:00 a.m. If a stipulated dismissal is filed before that date, the hearing will be stricken and the case will be terminated. Mailed notice (air, ) (Entered: 03/16/2020)
2020-03-1644ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (td, ) (Entered: 03/16/2020)
2020-03-1645ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (td, ) (Entered: 03/17/2020)
2020-03-3046ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket5, ) (Entered: 03/31/2020)
2020-04-0947MINUTE entry before the Honorable John J. Tharp, Jr:Consistent with Second Amended General Order 20-0012, dated March 30, 2020, the status hearing set for 4/14/20 is stricken and reset for 6/2/20 at 9:00 a.m. If a stipulated dismissal is filed before that date, the hearing will be stricken and the case will be terminated. Mailed notice (air, ) (Entered: 04/09/2020)
2020-04-2448ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket8, ) (Entered: 04/30/2020)
2020-05-2649MINUTE entry before the Honorable John J. Tharp, Jr: Consistent with Third Amended General Order 20-0012, dated April 24, 2020, the status hearing set for 6/2/20 is stricken. In lieu of a hearing, the parties are directed to submit a joint status report by 6/2/20. If a stipulated dismissal is filed before that date, the case will be terminated. Mailed notice (air, ) (Entered: 05/26/2020)
2020-05-2650ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket3, ) (Entered: 05/26/2020)
2020-06-0151STATUS Report Joint Status Report of Parties by Matthew Chapman (Massoglia, Daniel) (Entered: 06/01/2020)
2020-07-1052ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk2, Docket) (Entered: 07/10/2020)
2020-08-1453MINUTE entry before the Honorable John J. Tharp, Jr: The parties are directed to file a further joint status report by 8/28/20. If a stipulated dismissal is filed before that date, the case will be terminated. Mailed notice (air, ) (Entered: 08/14/2020)
2020-08-2854STATUS Report Joint Status Report of Parties by Matthew Chapman (Massoglia, Daniel) (Entered: 08/28/2020)
2020-09-2855STIPULATION of Dismissal in the entirety with Prejudice (Massoglia, Daniel) (Entered: 09/28/2020)
2020-09-2956MINUTE entry before the Honorable John J. Tharp, Jr:Upon receipt of the parties' notice of voluntary dismissal with prejudice 55 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), this matter is concluded. All future dates and deadlines are stricken; all pending motions are denied as moot. Civil Case Terminated. Mailed notice (air, ) (Entered: 09/29/2020)
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