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Case TitleWATSON v. U.S. DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv01645
Date Filed2018-07-09
Date Closed2020-09-10
JudgeJudge Dabney L. Friedrich
PlaintiffBOBBY KEITH WATSON
Case DescriptionBobby Watson submitted a FOIA request to the U.S. Attorney's Office for the Eastern District of Tennessee and the FBI for records of a specific investigation conducted by the FBI. The agency acknowledged receipt of the request. The FBI told Watson that it had already disclosed responsive records as a result of two earlier FOIA requests filed by Watson. Watson filed an administrative appeal with the Office of Information Policy, which upheld the FBI's initial decision. After hearing nothing from the U.S. Attorney's Office, Watson filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantU.S. DEPARTMENT OF JUSTICE
DefendantU.S. ATTORNEY'S OFFICE Eastern District of Tennessee
DefendantU.S. FEDERAL BUREAU OF INVESTIGATION
AppealD.C. Circuit 20-5358
Documents
Docket
Complaint
Opinion/Order [40]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-07-09Initiating Pleading & IFP Application Received on 07/09/2018. A copy of the docket sheet has been mailed to the address of record for the pro se party. (zsb) (Entered: 07/13/2018)
2018-07-091COMPLAINT against U.S. ATTORNEY'S OFFICE, U.S. DEPARTMENT OF JUSTICE, U.S. FEDERAL BUREAU OF INVESTIGATION filed by BOBBY KEITH WATSON.(zsb) (Entered: 07/13/2018)
2018-07-092MOTION for Leave to Proceed in forma pauperis by BOBBY KEITH WATSON (zsb) (tempaty2, ). (Entered: 07/13/2018)
2018-07-193FIAT ORDER granting 2 Motion for Leave to Proceed in forma pauperis "Leave to file without prepayment of costs GRANTED." Signed by Judge Amy Berman Jackson on 07/19/2018. (zsb) (Entered: 07/23/2018)
2018-07-19Case Assigned to Judge Dabney L. Friedrich. (zsb) (Entered: 07/24/2018)
2018-07-244SUMMONS (5) Issued as to U.S. ATTORNEY'S OFFICE, U.S. DEPARTMENT OF JUSTICE, U.S. FEDERAL BUREAU OF INVESTIGATION, U.S. Attorney and U.S. Attorney General (zsb) (zsb). (Entered: 07/24/2018)
2018-08-025RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. FEDERAL BUREAU OF INVESTIGATION served on 7/30/2018. (tth) (Entered: 08/03/2018)
2018-08-036RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 8/2/2018. RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/2/2018. RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/2/2018. (Answer due for ALL FEDERAL DEFENDANTS by 10/1/2018.) (tth) (Entered: 08/07/2018)
2018-08-037RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. ATTORNEY'S OFFICE served on 8/2/2018. (tth) (Entered: 08/07/2018)
2018-08-308Consent MOTION for Extension of Time to File Answer by U.S. ATTORNEY'S OFFICE, U.S. DEPARTMENT OF JUSTICE, U.S. FEDERAL BUREAU OF INVESTIGATION (McBride, Patricia) (Entered: 08/30/2018)
2018-08-309NOTICE of Proposed Order by U.S. ATTORNEY'S OFFICE, U.S. DEPARTMENT OF JUSTICE, U.S. FEDERAL BUREAU OF INVESTIGATION. (McBride, Patricia); Modified text on 8/31/2018 (tth). (Entered: 08/30/2018)
2018-08-31MINUTE ORDER granting the defendants' 8 Consent Motion for Enlargement of Time. Accordingly, the defendants' response to the plaintiff's complaint shall be filed on or before October 3, 2018. Signed by Judge Dabney L. Friedrich on August 31, 2018. (JK) (Entered: 08/31/2018)
2018-08-31Set/Reset Deadlines: Answer due by 10/3/2018. (JK) (Entered: 08/31/2018)
2018-09-2810Consent MOTION for Extension of Time to File Answer by U.S. ATTORNEY'S OFFICE, U.S. DEPARTMENT OF JUSTICE, U.S. FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(McBride, Patricia) (Entered: 09/28/2018)
2018-10-03MINUTE ORDER granting the defendants' 10 Consent Motion for Extension of Time. Accordingly, the defendants' response to the complaint shall be filed on or before November 2, 2018. Signed by Judge Dabney L. Friedrich on October 3, 2018. (JK) (Entered: 10/03/2018)
2018-10-03Set/Reset Deadlines: Answer due by 11/2/2018. (JK) (Entered: 10/03/2018)
2018-11-0111MOTION for Extension of Time to File Response/Reply by U.S. ATTORNEY'S OFFICE, U.S. DEPARTMENT OF JUSTICE, U.S. FEDERAL BUREAU OF INVESTIGATION (McBride, Patricia) (Entered: 11/01/2018)
2018-11-02MINUTE ORDER. Upon consideration of the defendants' 11 Motion for Enlargement of Time, which the plaintiff does not oppose, it is ORDERED that the motion is GRANTED. The defendants' response to the complaint shall be filed on or before November 14, 2018. Because this is the third extension sought by the defendants, no further extensions will be permitted. Signed by Judge Dabney L. Friedrich on November 2, 2018. (JK) (Entered: 11/02/2018)
2018-11-1412ANSWER to 1 Complaint by U.S. ATTORNEY'S OFFICE, U.S. DEPARTMENT OF JUSTICE, U.S. FEDERAL BUREAU OF INVESTIGATION.(McBride, Patricia) (Entered: 11/14/2018)
2018-11-20MINUTE ORDER requiring the parties to MEET AND CONFER and file a joint status report proposing a schedule for further proceedings. The status report should address the status of the plaintiff's FOIA request, including the anticipated number of documents responsive to the request and the anticipated date(s) for release of the requested documents. The parties shall file the joint status report on or before December 18, 2018. Signed by Judge Dabney L. Friedrich on November 20, 2018. (JK) (Entered: 11/20/2018)
2018-11-3013MOTION for Summary Judgment by BOBBY KEITH WATSON (zrdj) (Entered: 12/03/2018)
2018-12-04MINUTE ORDER. On November 20, 2018, the Court entered an order requiring the parties to MEET AND CONFER and file on or before December 18, 2018 a joint status report proposing a schedule for further proceedings. On December 3, 2018, the plaintiff filed a motion for summary judgment 13 . The plaintiff's motion is premature. Pursuant to the Court's November 20, 2018 order, the parties shall file a joint status report on or before December 18, 2018 that proposes a schedule for further proceedings and addresses the status of the plaintiff's FOIA request, including the anticipated number of documents responsive to the request and the anticipated date(s) for release of the requested documents. Signed by Judge Dabney L. Friedrich on December 4, 2018. (JK) (Entered: 12/04/2018)
2018-12-1814STATUS REPORT by U.S. ATTORNEY'S OFFICE, U.S. DEPARTMENT OF JUSTICE, U.S. FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order)(McBride, Patricia) (Entered: 12/18/2018)
2018-12-18MINUTE ORDER. It has come to the Court's attention that the pro se plaintiff may not have received the Court's November 1, 2018, November 20, 2018, and December 4, 2018 minute orders. Accordingly, the due date for the parties' joint status report is extended to January 31, 2019 to give both parties additional time to comply with the Court's November 20, 2018 minute order requiring them to meet and confer and propose a schedule for further proceedings. Signed by Judge Dabney L. Friedrich on December 18, 2018. (JK) (Entered: 12/18/2018)
2019-01-2215STATUS REPORT by BOBBY KEITH WATSON. (tth) (Entered: 01/25/2019)
2019-01-3116STATUS REPORT by U.S. ATTORNEY'S OFFICE, U.S. DEPARTMENT OF JUSTICE, U.S. FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order)(McBride, Patricia) (Entered: 01/31/2019)
2019-02-13MINUTE ORDER. The plaintiff's 15 Status Report and the defendant's 16 Status Report indicate that the parties have not yet complied with the Court's November 20, 2018 and December 4, 2018 minute orders directing them to confer. Both reports suggest that the parties have not conferred because the plaintiff believes it is futile to confer because he has filed a motion for summary judgment. As the Court made clear in its order of December 4, 2018, the plaintiff's motion for summary judgment is premature and will not be considered at this time. Accordingly, it is ORDERED that the plaintiff shall comply with the Court's orders to confer with defense counsel to prepare a joint status report and propose a schedule for further proceedings. The joint status report shall be filed on or before April 3, 2019. The Clerk of Court is directed to mail a copy of this minute order to the plaintiff at his address of record. Signed by Judge Dabney L. Friedrich on February 13, 2018. (JK) (Entered: 02/13/2019)
2019-03-0417SUPPLEMENTAL MEMORANDUM to re 15 Status Report filed by BOBBY KEITH WATSON. (ztd) (Main Document 17 replaced on 3/7/2019) (ztd). (Main Document 17 replaced on 3/8/2019) (ztd). (Entered: 03/06/2019)
2019-04-0418MOTION for Leave to File by U.S. ATTORNEY'S OFFICE, U.S. DEPARTMENT OF JUSTICE, U.S. FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Errata JSR/Order)(McBride, Patricia) (Entered: 04/04/2019)
2019-04-05NOTICE OF ERROR re 18 Motion for Leave to File; emailed to patricia.mcbride@usdoj.gov, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. Please do not refile. Future filings must be signed by counsel. (ztth, ) (Entered: 04/05/2019)
2019-04-05MINUTE ORDER granting the defendants' 18 Motion for Leave to Late File their Joint Status Report. It is further ORDERED that the parties shall submit another joint status report on or before May 15, 2019. The Clerk of Court is directed to mail a copy of this minute order to the plaintiff at his address of record. Signed Judge Dabney L. Friedrich on April 5, 2019. (lcdlf3) (Entered: 04/05/2019)
2019-04-05Set/Reset Deadlines/Hearings: Joint Status Report due by 5/15/2019. (zcdw) (Entered: 04/07/2019)
2019-04-25MINUTE ORDER denying the plaintiff's 13 Motion for Summary Judgment, without prejudice, in light of the Court's December 4, 2018 Minute Order informing the plaintiff that his motion is premature. Once discovery is complete and the parties have filed a post-discovery status report, the Court will set a briefing schedule. At that time, the plaintiff may file a motion for summary judgment. Signed by Judge Dabney L. Friedrich on April 25, 2019. (lcdlf3) (Entered: 04/25/2019)
2019-05-1519STATUS REPORT by U.S. ATTORNEY'S OFFICE, U.S. DEPARTMENT OF JUSTICE, U.S. FEDERAL BUREAU OF INVESTIGATION. (McBride, Patricia) (Entered: 05/15/2019)
2019-05-16MINUTE ORDER. Upon consideration of the parties' 19 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before June 19, 2019. Signed by Judge Dabney L. Friedrich on May 16, 2019. (lcdlf3) (Entered: 05/16/2019)
2019-05-16Set/Reset Deadlines: Joint Status Report due by 6/19/2019. (zcal) (Entered: 05/16/2019)
2019-06-1920Joint STATUS REPORT by U.S. ATTORNEY'S OFFICE, U.S. DEPARTMENT OF JUSTICE, U.S. FEDERAL BUREAU OF INVESTIGATION. (McBride, Patricia) (Entered: 06/19/2019)
2019-06-26MINUTE ORDER. Upon consideration of the parties' 20 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before July 31, 2019. Signed by Judge Dabney L. Friedrich on June 26, 2019. (lcdlf3) (Entered: 06/26/2019)
2019-06-27Set/Reset Deadlines: Joint Status Report due by 7/31/2019. (kh) (Entered: 06/27/2019)
2019-07-3021Joint STATUS REPORT by U.S. ATTORNEY'S OFFICE, U.S. DEPARTMENT OF JUSTICE, U.S. FEDERAL BUREAU OF INVESTIGATION. (McBride, Patricia) (Entered: 07/30/2019)
2019-07-30MINUTE ORDER. Upon consideration of the parties' 21 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before August 30, 2019. Signed by Judge Dabney L. Friedrich on July 30, 2019. (lcdlf3) (Entered: 07/30/2019)
2019-07-30Set/Reset Deadlines: Joint Status Report due by 8/30/2019. (zcal) (Entered: 07/31/2019)
2019-08-2922STATUS REPORT by U.S. ATTORNEY'S OFFICE, U.S. DEPARTMENT OF JUSTICE, U.S. FEDERAL BUREAU OF INVESTIGATION. (McBride, Patricia) (Entered: 08/29/2019)
2019-08-30MINUTE ORDER. Upon consideration of defendants' 22 Status Report, it is ORDERED that the parties shall meet and confer and submit a joint status report, including a proposed briefing schedule, on or before September 20, 2019. The plaintiff's continued failure to meet and confer may result in this case being dismissed. So Ordered by Judge Dabney L. Friedrich on August 30, 2019. (lcdlf3) (Entered: 08/30/2019)
2019-09-2323MOTION for Leave to File by U.S. ATTORNEY'S OFFICE, U.S. DEPARTMENT OF JUSTICE, U.S. FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Exhibit Status Report)(McBride, Patricia) (Entered: 09/23/2019)
2019-10-15MINUTE ORDER granting the defendants' 23 Motion for Leave to Late File their Joint Status Report. The defendants have indicated that they have not been able to reach the plaintiff since July 29, 2019. Accordingly, it is ORDERED that the plaintiff shall show cause on or before November 12, 2019 why this case should not be dismissed for failure to prosecute pursuant to Rule 41(b) of the Federal Rules of Civil Procedure and Rule 83.23 of the Local Rules. The Clerk of Court is directed to mail a copy of this minute order to the plaintiff at his address of record. So Ordered by Judge Dabney L. Friedrich on October 15, 2019. (lcdlf3) (Entered: 10/15/2019)
2019-11-2524ORDER dismissing this case without prejudice for failure to prosecute. See text for details. The Clerk of Court is directed to close this case. Signed by Judge Dabney L. Friedrich on November 25, 2019. (Entered: 11/25/2019)
2019-12-0425NOTICE of Change of Address by BOBBY KEITH WATSON (eg) (Main Document 25 replaced on 12/12/2019) (zeg). (Entered: 12/06/2019)
2019-12-1326Supplemental STATUS REPORT by BOBBY KEITH WATSON. "Let this be filed". Signed by Judge Dabney L. Friedrich on December 13, 2019. (eg) Modified on 12/18/2019 (zeg). (Entered: 12/17/2019)
2019-12-17MINUTE ORDER. The Court is in receipt of the plaintiff's 26 Supplemental Status Report, which the Court construes as a motion to reopen. The Court DENIES the motion without prejudice because the plaintiff has not provided sufficient grounds to reopen the case. On August 30, after receiving a status report from the government, see Defs.' August 29, 2019 Status Report, Dkt. 22, the Court ordered the plaintiff to confer with the defendants and warned the plaintiff that his continued failure to do so could result in dismissal, see August 30, 2019 Minute Order. On October 15, 2019, after receiving another status report from the government stating that the plaintiff continued not to confer, see Defs.' October 23, 2019 Mot., Dkt 23-1, the Court issued a minute order directing Watson to show cause, on or before November 12, 2019, as to why this case should not be dismissed for failure to prosecute, see October 15, 2019 Minute Order. The plaintiff failed to respond to the Court's October 15, 2019 Order, and the Court dismissed the case. See Federal Rule of Civil Procedure 41(b) and Local Rule 83.23; November 25, 2019 Order, Dkt. 24. In his 26 Supplemental Status Report, the plaintiff appears to argue that the government "continues to improperly withhold the records" sought by the plaintiff under FOIA. But in certain instances, the government may withhold records under FOIA. See 5 U.S.C. 552(b). The plaintiff also references his motion for summary judgment filed on December 3, 2018, but the Court denied the plaintiff's earlier motion as premature, as the government had not yet produced documents responsive to the plaintiff's FOIA request. See December 4, 2018 Minute Order. If the plaintiff seeks to reopen this case, he shall file, on or before January 13, 2020, a motion to reopen that provides specific grounds for his failure to respond in a timely fashion to the Court's October 15, 2019. So Ordered by Judge Dabney L. Friedrich on December 17, 2019. (lcdlf3) (Entered: 12/17/2019)
2019-12-17Set/Reset Deadlines: Motion to Reopen due by 1/13/2020. (zjch) (Entered: 12/17/2019)
2019-12-3027NOTICE of Change of Address by BOBBY KEITH WATSON. (ztth) (Entered: 01/02/2020)
2019-12-3028MOTION to Alter Judgment, MOTION to Amend/Correct, MOTION to Set Aside as to 24 Order by BOBBY KEITH WATSON. (ztth) (Entered: 01/02/2020)
2020-01-03MINUTE ORDER granting the plaintiff's 28 Motion to Alter Judgment. Accordingly, the plaintiff shall file his motion for summary judgment on or before January 17, 2020; the defendants shall file their opposition and any cross-motion for summary judgment on or before January 31, 2020; the plaintiff shall file his reply and any opposition to a cross-motion on or before February 7, 2020; and the defendants shall file any reply in support of a cross-motion on or before February 14, 2020. So Ordered by Judge Dabney L. Friedrich on January 3, 2020. (lcdlf3) (Entered: 01/03/2020)
2020-01-03Set/Reset Deadlines: Defendant's Cross Motions due by 1/31/2020. Plaintiff's Response to Cross Motions due by 2/7/2020. Defendant's Reply to Cross Motions due by 2/14/2020. (zjch) (Entered: 01/03/2020)
2020-01-3129NOTICE by U.S. ATTORNEY'S OFFICE, U.S. DEPARTMENT OF JUSTICE, U.S. FEDERAL BUREAU OF INVESTIGATION (McBride, Patricia) (Entered: 01/31/2020)
2020-01-31MINUTE ORDER. On January 3, 2020, the Court granted the plaintiff's 28 Motion to Alter Judgment, and ordered the plaintiff to file a motion for summary judgment on or before January 17, 2020. To date, the plaintiff has not filed a motion, nor has he sought an extension of time to file a motion. Accordingly, on or before February 28, 2020, the plaintiff shall show cause why this case should not be dismissed for a second time pursuant to Federal Rule of Civil Procedure 41(b) and Local Rule 83.23. So Ordered by Judge Dabney L. Friedrich on January 31, 2020. (lcdlf3) (Entered: 01/31/2020)
2020-01-31Set/Reset Deadlines/Hearings: Plaintiff's Response to Show Cause due by 2/28/2020. (zjch) (Entered: 02/03/2020)
2020-02-2630MOTION for Summary Judgment by BOBBY KEITH WATSON (eg) Modified event on 2/27/2020 pursuant to minute order filed 02/27/2020 (eg). (Entered: 02/27/2020)
2020-02-27MINUTE ORDER. The Court construes the plaintiff's 30 Motion for Order to Show Cause as both a response to the Court's January 31, 2020 Minute Order and a Motion for Summary Judgment incorporating the plaintiff's initial 13 Motion for Summary Judgment. Accordingly, the defendants shall file an opposition and any cross-motion for summary judgment on or before March 19, 2020; the plaintiff shall file his reply and any opposition to a cross-motion on or before April 9, 2020; and the defendants shall file any reply in support of a cross-motion on or before April 30, 2020. So Ordered by Judge Dabney L. Friedrich on February 27, 2020. (lcdlf3) (Entered: 02/27/2020)
2020-02-2731RESPONSE TO ORDER OF THE COURT re Minute Order filed on 1/31/2020, filed by BOBBY KEITH WATSON. (See Docket Entry 30 to view document). (eg) (Entered: 02/27/2020)
2020-02-27Set/Reset Deadlines: Reply to Cross Motions due by 4/30/2020. (zjch) (Entered: 02/28/2020)
2020-03-1032MOTION for Extension of Time to File by U.S. ATTORNEY'S OFFICE, U.S. DEPARTMENT OF JUSTICE, U.S. FEDERAL BUREAU OF INVESTIGATION (McBride, Patricia) (Entered: 03/10/2020)
2020-03-12MINUTE ORDER granting in part the defendants' 32 Motion for Extension of Time. it is ORDERED that the defendants shall file their opposition and any cross-motion for summary judgment on or before April 8, 2020. It is further ORDERED that on or before March 19, 2020, the plaintiff shall file any opposition to the defendants' 32 Motion for Extension of Time to file its brief by April 24, 2020. If the plaintiff fails to file an opposition to the defendants' motion, the Court will treat the motion as conceded and grant the defendants a further extension of time to file their brief. So Ordered by Judge Dabney L. Friedrich on March 12, 2020. (lcdlf3) (Entered: 03/12/2020)
2020-03-12Set/Reset Deadlines: Cross Motions due by 4/8/2020. (zjch) (Entered: 03/12/2020)
2020-04-0133MOTION to Stay by U.S. ATTORNEY'S OFFICE, U.S. DEPARTMENT OF JUSTICE, U.S. FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Declaration)(McBride, Patricia) (Entered: 04/01/2020)
2020-04-24MINUTE ORDER granting in part the defendants' 33 Motion to Stay. Accordingly, the deadlines for briefing the plaintiff's 30 Motion for Summary Judgment are VACATED and the parties shall file a joint status report on or before June 3, 2020 that sets forth a briefing schedule for the remainder of the plaintiff's motion. So Ordered by Judge Dabney L. Friedrich on April 24, 2020. (lcdlf3) (Entered: 04/24/2020)
2020-06-0334STATUS REPORT by U.S. ATTORNEY'S OFFICE, U.S. DEPARTMENT OF JUSTICE, U.S. FEDERAL BUREAU OF INVESTIGATION. (McBride, Patricia) (Entered: 06/03/2020)
2020-06-04MINUTE ORDER. Upon consideration of the parties' 34 Joint Status Report, it is ORDERED that the following schedule shall govern further proceedings: the defendants shall file an opposition and any cross-motion for summary judgment on or before July 9, 2020; the plaintiff shall file his reply and any opposition to any cross-motion on or before July 23, 2020; and the defendants shall file any reply in support of a cross-motion on or before July 30, 2020. Given the number of extensions the Court has granted already, and the fact that the plaintiff's motion for summary judgment has been pending since February 26, 2020, the Court is not inclined to grant any further extensions. So Ordered by Judge Dabney L. Friedrich on June 4, 2020. (lcdlf3) (Entered: 06/04/2020)
2020-06-04Set/Reset Deadlines: Defendants' Opposition and Cross-Motion due by 7/9/2020. Plaintiff's Reply and Opposition due by 7/23/2020. Defendants' Reply in Support of Cross-Motion due by 7/30/2020. (zjd) (Entered: 06/05/2020)
2020-07-0735MOTION for Extension of Time to File by U.S. ATTORNEY'S OFFICE, U.S. DEPARTMENT OF JUSTICE, U.S. FEDERAL BUREAU OF INVESTIGATION (McBride, Patricia) (Entered: 07/07/2020)
2020-07-07MINUTE ORDER granting in part the defendants' 35 Motion for Extension of Time. Accordingly, the defendants shall file an opposition and any cross-motion for summary judgment on or before July 16, 2020; the plaintiff shall file his reply and any opposition to any cross-motion on or before July 30, 2020; and the defendants shall file any reply in support of a cross-motion on or before August 6, 2020. Given the number of extensions the Court has granted already, and the fact that the plaintiff's motion for summary judgment has been pending since February 26, 2020, no further extensions will be granted. So Ordered by Judge Dabney L. Friedrich on July 7, 2020. (lcdlf3) (Entered: 07/07/2020)
2020-07-07Set/Reset Deadlines: Cross Motions due by 7/16/2020. Response to Cross Motions due by 7/30/2020. Reply to Cross Motions due by 8/6/2020. (zjch) (Entered: 07/08/2020)
2020-07-1636MOTION to Dismiss, MOTION for Summary Judgment by U.S. ATTORNEY'S OFFICE, U.S. DEPARTMENT OF JUSTICE, U.S. FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Declaration FBI Declaration, # 2 Exhibit A - FBI Declaration, # 3 Exhibit B - FBI Declaration, # 4 Exhibit C - FBI Declaration, # 5 Exhibit D - FBI Declaration, # 6 Exhibit E - FBI Declaration, # 7 Exhibit F - FBI Declaration, # 8 Exhibit G - FBI Declaration, # 9 Exhibit H - FBI Declaration, # 10 Exhibit I - FBI Declaration, # 11 Exhibit J - FBI Declaration, # 12 Exhibit K - FBI Declaration, # 13 Exhibit L - FBI Declaration, # 14 Declaration EOUSA Declaration, # 15 Exhibit EOUSA Declaration)(McBride, Patricia). Added MOTION to Dismiss on 7/17/2020 (zeg). (Entered: 07/16/2020)
2020-07-20MINUTE ORDER. Before the Court is the plaintiff's 30 Motion for Summary Judgment and the defendants' 36 Motion to Dismiss, or in the Alternative, Motion for Summary Judgment. The plaintiff is directed to file his reply in support of his motion for summary judgment and any opposition to the defendants' motion on or before July 30, 2020; and the defendants shall file any reply in support of their cross-motion on or before August 6, 2020. The Court reminds the plaintiff that pursuant to Fox v. Strickland, 837 F.2d 507 (D.C. Cir. 1988), failure to respond to the defendant's pending Motions to Dismiss may result in the Court (1) treating the motions as conceded, (2) ruling on the defendants motion based on the defendants arguments alone; or (3) dismissing the plaintiffs claims for failure to prosecute. Further, the Court reminds both parties that under Neal v. Kelly, 963 F.2d 453 (D.C. Cir. 1992), on a motion for summary judgment, "any factual assertions in the movant's affidavits will be accepted as being true unless [the opposing party] submits his own affidavits or other documentary evidence contradicting the assertion." Id. at 456. Under Fed. R. Civ. P. 56(e), if a party fails to properly support an assertion of fact or fails to properly address another partys assertion of fact as required by Rule 56(c), the court may: (1) give an opportunity to properly support or address the fact; (2) consider the fact undisputed for purposes of the motion; (3) grant summary judgment if the motion and supporting materials--including the facts considered undisputed--show that the movant is entitled to it; or (4) issue any other appropriate order. And under Local Civil Rule 7(b), if a party opposing summary judgment does not file a memorandum of points and authorities in opposition to the motion for summary judgment, the court "may treat the motion as conceded." Thus, failure to respond to in this case carries with it the risk that the case will be dismissed. The Clerk of Court shall mail this minute order to the plaintiff's address on record. So Ordered by Judge Dabney L. Friedrich on July 20, 2020. (lcdlf3) (Entered: 07/20/2020)
2020-08-0337MOTION for Extension of Time to File Reply as to 30 MOTION for Summary Judgment by BOBBY KEITH WATSON (eg) (Entered: 08/06/2020)
2020-08-07MINUTE ORDER. Upon consideration of the plaintiff's 37 Motion for Extension of Time to File Reply, it is ORDERED that the motion is GRANTED. Accordingly, the plaintiff shall file his reply on or before August 28, 2020. The Court is not inclined to grant any further extensions of time to either party. So ordered by Judge Dabney L. Friedrich on August 7, 2020. (lcdlf3) (Entered: 08/07/2020)
2020-08-07Set/Reset Deadlines: Reply to Motion for Summary Judgment due by 8/28/2020. (zjch) (Entered: 08/10/2020)
2020-09-0138RESPONSE re 36 MOTION for Summary Judgment MOTION to Dismiss filed by BOBBY KEITH WATSON. (Attachments: # 1 Statement of Facts, # 2 Affidavit, # 3 Exhibit)(eg) (Entered: 09/03/2020)
2020-09-1039ORDER granting defendants' 36 Motion for Summary Judgment and denying plaintiff's 13 Motion for Summary Judgment and 30 Motion to Show Cause, together construed as a motion for summary judgment. See text for details. The Clerk of Court is directed to close this case. Signed by Judge Dabney L. Friedrich on September 10, 2020. (lcdlf3) (Entered: 09/10/2020)
2020-09-1040MEMORANDUM OPINION regarding the defendants' 36 Motion for Summary Judgment. See text for details. Signed by Judge Dabney L. Friedrich on September 10, 2020. (lcdlf3) (Entered: 09/10/2020)
2020-11-2341NOTICE OF APPEAL as to 40 Memorandum & Opinion, 39 Order on Motion for Summary Judgment,, Order on Motion to Dismiss, by BOBBY KEITH WATSON. Fee Status: IFP. Parties have been notified. (zrdj) (Entered: 12/01/2020)
2020-12-0142Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The fee was not paid because it was filed in forma pauperis re 41 Notice of Appeal. (zrdj) (Entered: 12/01/2020)
2020-12-04USCA Case Number 20-5358 for 41 Notice of Appeal filed by BOBBY KEITH WATSON. (zrdj) (Entered: 12/04/2020)
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