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Case TitleMCSMITH v. U.S. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv01760
Date Filed2019-06-10
Date ClosedOpen
JudgeJudge Amit P. Mehta
PlaintiffDEREK LEROY MCSMITH
DefendantU.S. DEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-06-10Initiating Pleading & IFP Application Received on 06/10/2019. A copy of the docket sheet has been mailed to the address of record for the pro se party. (zmc) (Entered: 06/18/2019)
2019-06-101COMPLAINT against U.S. DEPARTMENT OF JUSTICE with Jury Demand filed by DEREK MCSMITH. (Attachment: # 1 Exhibit)(zmc) (Additional attachment(s) added on 6/18/2019: # 2 Civil Cover Sheet) (zmc). (Entered: 06/18/2019)
2019-06-102MOTION for Leave to Proceed in forma pauperis by DEREK MCSMITH (zmc) (Entered: 06/18/2019)
2019-06-243ORDER that within 20 days of entry of this order, the plaintiff either shall provide a full residence address, or shall file a motion to a post office box as the mailing address. Signed by Judge James E. Boasberg on 06/24/2019. (zsb) (Entered: 06/25/2019)
2019-07-084MOTION for Permission to Use Post Office Box by DEREK LEROY MCSMITH (zrdj) (Entered: 07/11/2019)
2019-08-015ORDER granting 4 Motion for Permission to Use Post Office Box; granting 2 Motion for Leave to Proceed in forma pauperis. Signed by Judge Amy Berman Jackson on 07/30/2019. (zsb) (Entered: 08/01/2019)
2019-08-01Case Assigned to Judge Amit P. Mehta. (zsb) (Entered: 08/01/2019)
2019-09-116VACATED PURSUANT TO MINUTE ORDER FILED 9/12/2019.....ORDER TO SHOW CAUSE. Plaintiff shall show cause by October 11, 2019, why this matter should not be dismissed pursuant to Federal Rule of Civil Procedure 4(m) and Local Civil Rule 83.23 for want of prosecution. See attached order for additional details. Signed by Judge Amit P. Mehta on 09/11/2019. (lcapm3) Modified on 9/12/2019 (zjd). (Entered: 09/11/2019)
2019-09-12MINUTE ORDER vacating 6 Order to Show Cause. The Clerk of Court shall issue summons. Signed by Judge Amit P. Mehta on 9/12/2019. (zjd) (Entered: 09/12/2019)
2019-09-197SUMMONS (3) Issued as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (zrdj) (Entered: 09/19/2019)
2019-10-108RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 10/10/2019, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/10/2019. (jf) (Entered: 10/11/2019)
2019-10-169MOTION to Issue Summons by DEREK LEROY MCSMITH (jf) (Entered: 10/21/2019)
2019-10-23MINUTE ORDER denying as moot 9 Plaintiff's Motion to Issue Summons. Summonses issued in this matter on September 19, 2019, and return of service affidavits were filed on October 10, 2019. Signed by Judge Amit P. Mehta on 10/23/2019. (lcapm3) (Entered: 10/23/2019)
2019-10-2310RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/21/2019. Answer due for ALL FEDERAL DEFENDANTS by 11/20/2019. (zrdj) (Entered: 10/24/2019)
2019-11-0411NOTICE of Appearance by Rhonda Lisa Campbell on behalf of U.S. DEPARTMENT OF JUSTICE (Campbell, Rhonda) (Entered: 11/04/2019)
2019-11-2012ANSWER to 1 Complaint by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit)(Campbell, Rhonda) (Entered: 11/20/2019)
2019-11-2013ORDER: Both a Complaint and an Answer are now before the court in this FOIA case. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before December 4, 2019. See attached Order for additional details. Signed by Judge Amit P. Mehta on 11/20/2019. (lcapm3) (Entered: 11/20/2019)
2019-11-20Set/Reset Deadlines: Joint Status Report due by 12/4/2019. (zjd) (Entered: 11/21/2019)
2019-12-0414MOTION for Briefing Schedule by U.S. DEPARTMENT OF JUSTICE (Campbell, Rhonda) (Entered: 12/04/2019)
2019-12-0615ORDER setting the following schedule for further proceedings in this matter: Defendant's Motion for Summary Judgment shall be filed on or before January 30, 2020; Plaintiff's Opposition shall be filed on or before March 15, 2020; and Defendant's Reply shall be filed on or before April 1, 2020. See attached Order for additional details. Signed by Judge Amit P. Mehta on 12/06/2019. (lcapm3) (Entered: 12/06/2019)
2019-12-06Set/Reset Deadlines: Motion for Summary Judgment due by 1/30/2020. Opposition due by 3/15/2020. Reply due by 4/1/2020. (zjd) (Entered: 12/06/2019)
2020-01-3016MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration Griffin Declaration, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D)(Campbell, Rhonda) (Entered: 01/30/2020)
2020-01-3017ORDER advising Plaintiff to respond by March 15, 2020, to 16 Defendant's Motion for Summary Judgment or risk dismissal of the case. See attached Order for additional details. Signed by Judge Amit P. Mehta on 01/30/2020. (lcapm3) (Main Document 17 replaced on 1/30/2020) (zjd) (Entered: 01/30/2020)
2020-01-30ENTERED IN ERROR.....Set/Reset Deadlines: Response due by 3/2/2020. (zjd) (Entered: 01/30/2020)
2020-01-30Set/Reset Deadlines: Response due by 3/15/2020. (zjd) (Entered: 01/30/2020)
2020-03-0318RESPONSE re 16 MOTION for Summary Judgment filed by DEREK LEROY MCSMITH. (Attachment: # 1 Supplement)(eg) (Entered: 03/05/2020)
2020-03-0319Cross MOTION for Summary Judgment by DEREK LEROY MCSMITH (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(eg) (Entered: 03/05/2020)
2020-04-2220NOTICE OF SUBSTITUTION OF COUNSEL by Kenneth A. Adebonojo on behalf of U.S. DEPARTMENT OF JUSTICE Substituting for attorney Rhonda L. Campbell (Adebonojo, Kenneth) (Entered: 04/22/2020)
2020-08-1822MOTION for Order by DEREK LEROY MCSMITH (eg) (Entered: 08/20/2020)
2020-08-1921ORDER denying 16 Defendant's Motion for Summary Judgment, and denying 19 Plaintiff's Cross-Motion for Summary Judgment. Defendant may renew its motion for summary judgment with a supplemental declaration by September 18, 2020. See attached Order for further details. Signed by Judge Amit P. Mehta on 08/19/2020. (lcapm3) (Entered: 08/19/2020)
2020-08-19Set/Reset Deadlines: Renewed Motion for Summary Judgment due by 9/18/2020. (zjd) (Entered: 08/20/2020)
2020-08-21MINUTE ORDER denying as moot Plaintiff's Motion for Status of Proceedings, ECF No. 22 . The court issued an Order on August 19, 2020, ECF No. 21 , denying the parties' cross-motions for summary judgment. Signed by Judge Amit P. Mehta on 08/21/2020. (lcapm2) (Entered: 08/21/2020)
2020-09-1823MOTION for Extension of Time to File Defendant's Renewed Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 09/18/2020)
2020-09-18MINUTE ORDER granting Defendant's 23 Motion for Extension of Time to File Renewed Motion for Summary Judgment. Defendant's Renewed Motion for Summary Judgment shall now be due on or before October 13, 2020. Signed by Judge Amit P. Mehta on 09/18/2020. (lcapm3) (Entered: 09/18/2020)
2020-09-18Set/Reset Deadlines: Renewed Motion for Summary Judgment due by 10/13/2020. (zjd) (Entered: 09/22/2020)
2020-10-1324MOTION for Extension of Time to File Defendant's Renewed Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 10/13/2020)
2020-10-13MINUTE ORDER granting Defendant's 24 Motion for Extension of Time to File Renewed Motion for Summary Judgment. Defendant's Renewed Motion for Summary Judgment shall now be due on or before October 16, 2020. Signed by Judge Amit P. Mehta on 10/13/2020. (lcapm3) (Entered: 10/13/2020)
2020-10-13Set/Reset Deadlines: Renewed Motion for Summary Judgment due by 10/16/2020. (zjd) (Entered: 10/14/2020)
2020-10-1625MOTION for Extension of Time to File Defendant's Renewed Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 10/16/2020)
2020-10-16MINUTE ORDER granting Defendant's 25 Motion for Extension of Time to File Renewed Motion for Summary Judgment. Defendant's Renewed Motion for Summary Judgment shall now be due on or before October 20, 2020. Signed by Judge Amit P. Mehta on 10/16/2020. (lcapm3) (Entered: 10/16/2020)
2020-10-16Set/Reset Deadlines: Renewed Motion for Summary Judgment due by 10/20/2020. (zjd) (Entered: 10/19/2020)
2020-10-2026MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Supplement, # 2 Declaration, # 3 Memorandum in Support, # 4 Declaration)(Adebonojo, Kenneth) (Entered: 10/20/2020)
2020-10-2327ORDER advising Plaintiff to respond by November 19, 2020, to 26 Defendant's Motion for Summary Judgment or risk dismissal of the case. See attached Order for additional details. Signed by Judge Amit P. Mehta on 10/23/2020. (lcapm3) (Entered: 10/23/2020)
2020-10-23Set/Reset Deadlines: Response to Motion for Summary Judgment due by 11/19/2020. (zjd) (Entered: 10/23/2020)
2020-11-1228MOTION for Extension of Time to by DEREK LEROY MCSMITH (Attachment: # 1 Exhibit)(eg) (Entered: 11/13/2020)
2020-11-14MINUTE ORDER granting Plaintiff's 28 Motion for Extension of Time. The courtroom deputy shall mail a copy of Defendant's 26 Motion for Summary Judgment to the PO Box address identified on his motion for extension of time. Plaintiff shall respond to Defendants motion by December 14, 2020. Signed by Judge Amit P. Mehta on 11/14/2020. (lcapm3) (Entered: 11/14/2020)
2020-11-14Set/Reset Deadlines: Response due by 12/14/2020. (zjd) (Entered: 11/17/2020)
2020-12-1529RESPONSE re 26 MOTION for Summary Judgment filed by DEREK LEROY MCSMITH. (Attachment: # 1 Exhibits)(eg) (Entered: 12/17/2020)
2021-01-0430MOTION for Extension of Time to File a Reply to Plaintiff's Opposition to Defendant's Motion to Dismiss and for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 01/04/2021)
2021-01-05MINUTE ORDER granting 30 Motion for Extension of Time to File Reply. Defendant shall file its Reply no later than January 29, 2021. Signed by Judge Amit P. Mehta on 01/05/2021. (lcapm3) (Entered: 01/05/2021)
2021-01-05Set/Reset Deadlines: Reply due by 1/29/2021. (zjd) (Entered: 01/06/2021)
2021-01-2931REPLY to opposition to motion re 26 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Adebonojo, Kenneth) (Entered: 01/29/2021)
2021-05-0432MEMORANDUM OPINION AND ORDER denying 26 Motion for Summary Judgment. See attached Memorandum Opinion and Order for additional details. Signed by Judge Amit P. Mehta on 5/4/2021. (lcapm3) (Entered: 05/04/2021)
2021-06-07MINUTE ORDER. In its Memorandum Opinion and Order of May 4, 2021, the court denied Defendant's motion for summary judgment on the adequacy of its search and directed Defendant to undertake a reasonable search and report the results of such search by June 3, 2021. ECF No. 32 at 4. Defendant failed to do so. Defendant shall report on its search efforts by no later than June 11, 2021. Failure to meet this deadline may result in entry of judgment in Defendant's favor and/or sanctioning of counsel. Signed by Judge Amit P. Mehta on 6/7/2021. (lcapm3) (Entered: 06/07/2021)
2021-06-1133NOTICE of Appearance by Heather D. Graham-Oliver on behalf of U.S. DEPARTMENT OF JUSTICE (Graham-Oliver, Heather) (Entered: 06/11/2021)
2021-06-1134STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Graham-Oliver, Heather) (Entered: 06/11/2021)
2021-06-11MINUTE ORDER. Defendant shall file an additional Joint Status Report by July 12, 2021, which updates the court on the agency's search and production, if any, of responsive records. Signed by Judge Amit P. Mehta on 6/11/2021. (lcapm3) (Entered: 06/11/2021)
2021-06-11**ENTERED IN ERROR*** Modified on 6/11/2021 (lcas). (Entered: 06/11/2021)
2021-07-1235STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Graham-Oliver, Heather) (Entered: 07/12/2021)
2021-07-13MINUTE ORDER. Defendant shall file an additional Joint Status Report by October 12, 2021, which updates the court on the agency's search and production, if any, of responsive records. Signed by Judge Amit P. Mehta on 7/13/2021. (lcapm3) (Entered: 07/13/2021)
2021-10-1236STATUS REPORT by Defendant by U.S. DEPARTMENT OF JUSTICE. (Adebonojo, Kenneth) (Entered: 10/12/2021)
2021-10-13MINUTE ORDER. Defendant shall file an additional Joint Status Report by November 12, 2021, which updates the court on the agency's search and production, if any, of responsive records. Signed by Judge Amit P. Mehta on 10/13/2021. (lcapm3) (Entered: 10/13/2021)
2021-11-0737STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Adebonojo, Kenneth) (Entered: 11/07/2021)
2021-11-08MINUTE ORDER. Defendant shall file its dispositive motion by January 14, 2022; Plaintiff shall file his response by February 23, 2022; and Defendant may file a reply by March 15, 2022. Defendant may avoid filing a dispositive motion if it is able to agree on a stipulation of dismissal with Plaintiff. Signed by Judge Amit P. Mehta on 11/07/2021. (lcapm3) (Entered: 11/08/2021)
2021-11-0838NOTICE OF WITHDRAWAL OF APPEARANCE as to U.S. DEPARTMENT OF JUSTICE. Attorney Heather D. Graham-Oliver terminated. (Graham-Oliver, Heather) (Entered: 11/08/2021)
2022-01-1439MOTION for Extension of Time to File Defendant's Dispositive Motion by U.S. DEPARTMENT OF JUSTICE. (Adebonojo, Kenneth) (Entered: 01/14/2022)
2022-01-1440ORDER granting Defendant's 39 Motion to Enlarge Time to File Defendant's Dispositive Motion. Defendant shall file its Motion for Summary Judgment by February 8, 2022. See attached Order for further details. Signed by Judge Amit P. Mehta on 01/14/2022. (lcapm3) (Entered: 01/14/2022)
2022-02-0841MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3)(Adebonojo, Kenneth) (Entered: 02/08/2022)
2022-02-1042ORDER advising Plaintiff to respond by March 11, 2022, to Defendant U.S. Department of Justice's 41 Motion for Summary Judgment. If Plaintiff neither responds to the Motion nor files a motion for additional time in which to respond, the court may render a judgment in favor of Defendant. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 02/10/2022. (lcapm3) (Entered: 02/10/2022)
2022-09-2643MEMORANDUM OPINION re: 41 Defendant's Renewed Motion for Summary Judgment. Please see attached Memorandum Opinion for additional details. Signed by Judge Amit P. Mehta on 9/26/2022. (lcapm2) (Entered: 09/26/2022)
2022-09-2644ORDER: For the reasons stated in the 43 Memorandum Opinion, the court grants Defendant's 41 Renewed Motion for Summary Judgment. Please see the attached Order for additional details. Signed by Judge Amit P. Mehta on 9/26/2022. (lcapm2) (Entered: 09/26/2022)
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