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Case TitleDAY v. UNITED STATES DEPARTMENT OF STATE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv02004
Date Filed2020-07-21
Date Closed2022-08-29
JudgeJudge Emmet G. Sullivan
PlaintiffROGER CHARLES DAY, JR.
DefendantUNITED STATES DEPARTMENT OF STATE
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-07-21Initiating Pleading & IFP Application Received on 07/21/2020. A copy of the docket sheet has been mailed to the address of record for the pro se party. (zmc) (Entered: 07/27/2020)
2020-07-211COMPLAINT against UNITED STATES DEPARTMENT OF STATE filed by ROGER CHARLES DAY, JR. (Attachment: # 1 Exhibit)(zmc) (Entered: 07/27/2020)
2020-07-212MOTION for Leave to Proceed in forma pauperis by ROGER CHARLES DAY, JR (zmc) (Entered: 07/27/2020)
2020-07-213PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by ROGER CHARLES DAY, JR (zmc) (Entered: 07/27/2020)
2020-07-294ORDER directing an initial partial filing fee in the amount of $23.50 from Prison Account of ROGER CHARLES DAY, JR. and granting MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Pro Se party has been notified by first class mail. Signed by Judge James E. Boasberg on 07/29/2020. (zsb) (Entered: 08/04/2020)
2020-07-29Case Assigned to Judge Emmet G. Sullivan. (zsb) (Entered: 08/04/2020)
2020-08-195STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 08/19/20. (Attachment: # 1 Exhibit 1) (mac) (Entered: 08/19/2020)
2020-09-156SUMMONS (3) Issued as to UNITED STATES DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General, sent to the U.S. Marshals Service (adh, ) (Entered: 09/15/2020)
2020-10-147RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/13/2020., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/13/2020. ( Answer due for ALL FEDERAL DEFENDANTS by 11/12/2020.) (zjf) (Entered: 10/14/2020)
2020-11-028RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF STATE served on 10/29/2020 (eg) (Entered: 11/03/2020)
2020-11-129ANSWER to 1 Complaint by UNITED STATES DEPARTMENT OF STATE.(Tilghman, Michael) (Entered: 11/12/2020)
2020-11-13MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendant shall file a dispositive motion or, in the alternative, a proposed schedule for further proceedings, on or before December 18, 2020. Signed by Judge Emmet G. Sullivan on 11/13/20. (psu2) (Entered: 11/13/2020)
2020-11-13Set/Reset Deadlines: Defendant Dispositive Motion due by 12/18/2020. (mac) (Entered: 11/13/2020)
2020-12-1810STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 12/18/2020)
2020-12-22MINUTE ORDER: On consideration of the 10 Status Report filed by UNITED STATES DEPARTMENT OF STATE, it is hereby ORDERED that defendant shall file its next status report by February 18, 2021. Signed by Judge Emmet G. Sullivan on 12/22/20. (psu2) (Entered: 12/22/2020)
2020-12-22Set/Reset Deadlines: Defendant Status Report due by 2/18/2021. (mac) (Entered: 12/22/2020)
2021-02-1811STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 02/18/2021)
2021-02-18MINUTE ORDER: On consideration of Defendant's 11 Status Report, Defendant shall file its next status report by April 20, 2021. Signed by Judge Emmet G. Sullivan on 2/18/21. (psu2) (Entered: 02/18/2021)
2021-02-19Set/Reset Deadlines: Defendant Status Report due by 4/20/2021 (mac) (Entered: 02/19/2021)
2021-04-2012STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 04/20/2021)
2021-04-20MINUTE ORDER: On consideration of Defendant's 12 Status Report, Defendant shall file its next status report by June 22, 2021. Signed by Judge Emmet G. Sullivan on 4/20/21. (psu2) (Entered: 04/20/2021)
2021-04-21Set/Reset Deadlines: Defendant Status Report due by 6/22/2021. (mac) (Entered: 04/21/2021)
2021-06-2213STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 06/22/2021)
2021-06-25MINUTE ORDER: On consideration of defendant's 13 status report, it is hereby ORDERED that defendant shall file its next status report by July 22, 2021. Signed by Judge Emmet G. Sullivan on 6/25/21. (psu2) (Entered: 06/25/2021)
2021-06-26Set/Reset Deadlines: Defendant Status Report due by 7/22/2021 (mac) (Entered: 06/26/2021)
2021-07-1915MOTION to Take Judicial Notice by ROGER CHARLES DAY, JR. (ztth) (Entered: 07/23/2021)
2021-07-2214STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Tilghman, Michael) (Entered: 07/22/2021)
2021-07-26MINUTE ORDER: It is hereby ORDERED that plaintiff's 15 Motion to Take Judicial Notice is DENIED. It is further ORDERED that, on consideration of defendant's Status Report 14 , defendant shall file its summary judgment motion by October 15, 2021; plaintiff shall file his opposition and cross-motion by November 15, 2021; defendant shall file its reply by December 15, 2021; and plaintiff shall file his cross-motion reply by January 14, 2022. Signed by Judge Emmet G. Sullivan on 7/26/21. (psu2) (Entered: 07/26/2021)
2021-07-27Set/Reset Deadlines: Set/Reset Deadlines: defendant Summary Judgment Motion due by 10/15/2021. Plaintiff Opposition And Cross-Motion due by 11/15/2021. Defendant Reply due by 12/15/2021. Plaintiff Cross-Motion Reply due by 01/14/2022. (mac) (Entered: 07/27/2021)
2021-08-2316MOTION for Reconsideration re 07/26/2021 MINUTE ORDER: It is hereby ORDERED that plaintiff's 15 Motion to Take Judicial Notice is DENIED. It is further ORDERED that, on consideration of defendant's Status Report 14, defendant shall file its summary judgment motion by October 15, 2021; plaintiff shall file his opposition and cross-motion by November 15, 2021; defendant shall file its reply by December 15, 2021; and plaintiff shall file his cross-motion reply by January 14, 2022. Signed by Judge Emmet G. Sullivan on 7/26/2 1. (psu2) by ROGER CHARLES DAY, JR. (zjf) (Entered: 08/25/2021)
2021-08-26MINUTE ORDER: Plaintiff asks the Court to take judicial notice of the State Department's response to a FOIA request, Case No. FL-2021-00017, which appears to have been submitted after this litigation commenced. It is not clear whether or how Case No. FL-2021-00017 is relevant to this litigation which pertains to Case No. F-2020-05968. Plaintiff's "Motion for Reconsideration of this Court's 'Minute Order' Denying the Plaintiffs Motion (ECF 15) According to the Rules 201(c)(2) and 201(e) of the Federal Rules of Evidence" 16 is DENIED WITHOUT PREJUDICE. Signed by Judge Emmet G. Sullivan on 8/26/21. (psu2) (Entered: 08/26/2021)
2021-10-0717MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 10/07/2021)
2021-10-08MINUTE ORDER: It is hereby ORDERED, for good cause shown, that Defendant's 17 Motion for Extension of Time is GRANTED. Defendant shall file its summary judgment motion by November 15, 2021; plaintiff shall file his opposition and cross-motion by December 15, 2021; defendant shall file its reply and opposition by January 14, 2022; and plaintiff shall file his cross-motion reply by February 15, 2022. Signed by Judge Emmet G. Sullivan on 10/8/21.(psu2) (Entered: 10/08/2021)
2021-10-08Set/Reset Deadlines: Defendant Summary Judgment Motion due by 11/15/2021. Plaintiff Opposition And Cross-Motion due by 12/15/2021. Defendant Reply And Opposition due by 1/14/2022. Plaintiff Cross-Motion Reply due by 2/15/2022. (mac) (Entered: 10/08/2021)
2021-11-1518MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Memorandum in Support, # 2 Defendant's Statement of Material Facts as to Which There is No Genuine Dispute, # 3 Declaration of Eric F. Stein, # 4 Text of Proposed Order)(Tilghman, Michael) (Entered: 11/15/2021)
2021-11-1619Order advising plaintiff to respond by 12/15/2021 to 18 Defendant's Motion for Summary Judgment. Signed by Judge Emmet G. Sullivan on 11/16/21. (psu2) (Entered: 11/16/2021)
2021-11-16Set/Reset Deadlines: Plaintiff Response To Defendant's Motion for Summary Judgment due by 12/15/2021. (mac) (Entered: 11/16/2021)
2021-12-0220NOTICE to the Court by ROGER CHARLES DAY, JR re 18 MOTION for Summary Judgment (zjf) (Entered: 12/07/2021)
2021-12-07MINUTE ORDER: On consideration of plaintiff's Notice (ECF No. 20), it is hereby ORDERED that, by December 17, 2021, defendant shall mail to plaintiff at his current address of record a copy of its motion for summary judgment (ECF No. 18) and its attachments. It is FURTHER ORDERED that the deadline for plaintiff's opposition or other response to defendants motion is extended from December 15, 2021, to January 18, 2022. Signed by Judge Emmet G. Sullivan on 12/7/21. (psu2) (Entered: 12/07/2021)
2021-12-07Set/Reset Deadlines: Plaintiff's Opposition Or Other Response To Defendants Motion due by 1/18/2022. (mac) (Entered: 12/07/2021)
2021-12-0821NOTICE of Mailing by UNITED STATES DEPARTMENT OF STATE (Tilghman, Michael) (Entered: 12/08/2021)
2021-12-1022Memorandum in opposition re 18 MOTION for Summary Judgment filed by ROGER CHARLES DAY, JR. (zjf) (Entered: 12/20/2021)
2022-01-1023MOTION for Extension of Time to File Reply in Support of Defendant's Motion for Summary Judgment by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 01/10/2022)
2022-01-11MINUTE ORDER: It is hereby ORDERED that defendant's 23 Motion for Extension of Time is GRANTED, and its Reply is due by January 28, 2022. Signed by Judge Emmet G. Sullivan on 1/11/22. (psu2) (Entered: 01/11/2022)
2022-01-11Set/Reset Deadlines: Defendant Reply due by 1/28/2022. (mac) (Entered: 01/11/2022)
2022-01-2824REPLY to opposition to motion re 18 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Exhibit Index, # 2 Declaration of Susan C. Weetman, # 3 Exhibit 1 (Updated Vaughn Index), # 4 Exhibit 2 (January 26, 2022 Letter), # 5 Exhibit 3 (Excerpts of Re-Release (emails Bates numbered A-00000285941, A-00000285917, and A-00000285869)), # 6 Defendants Reply to Counter-Statement of Disputed Facts)(Tilghman, Michael) (Entered: 01/28/2022)
2022-02-10Partial Filing Fee Received from Roger C. Day, Jr. in the amount of $13.92, receipt number 201552. (znm) (Entered: 02/10/2022)
2022-03-0225SURREPLY re 18 MOTION for Summary Judgment filed by ROGER CHARLES DAY, JR. "LEAVE TO FILE GRANTED" Signed by Emmett G. Sullivan, U.S.D.J. on March 2, 2022" (zjf) (Entered: 03/02/2022)
2022-03-0226Cross MOTION for Summary Judgment by ROGER CHARLES DAY, JR. "LEAVE TO FILE GRANTED" Signed by Emmett G. Sullivan, U.S.D.J. on March 2, 2022 (zjf) (Entered: 03/02/2022)
2022-03-1127MOTION for Extension of Time to File Defendant's Opposition to Plaintiff's Cross-Motion by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 03/11/2022)
2022-03-11MINUTE ORDER: Defendant's 27 Motion for Extension of Time is GRANTED. Defendant's opposition to Plaintiff's cross-motion for summary judgment is due by April 21, 2022 and Plaintiff's cross-motion reply is due by May 23, 2022. Signed by Judge Emmet G. Sullivan on 3/11/22. (psu2) (Entered: 03/11/2022)
2022-03-14Set/Reset Deadlines: Defendant's Opposition To Plaintiff's Cross-Motion For Summary Judgment due by 4/21/2022. Plaintiff's Cross-Motion Reply due by 5/23/2022. (mac) (Entered: 03/14/2022)
2022-04-11Partial Filing Fee Received from Roger C. Day, Jr. in the amount of $12.00, receipt number 201922. (znm) (Entered: 04/13/2022)
2022-04-1528NOTICE of Appearance by Stephen DeGenaro on behalf of UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Certificate of Service)(DeGenaro, Stephen) (Entered: 04/15/2022)
2022-04-1529MOTION for Extension of Time to File Defendant's Opposition to Plaintiff's Cross Motion by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(DeGenaro, Stephen) (Entered: 04/15/2022)
2022-04-21MINUTE ORDER: It is hereby ORDERED that Defendant's Motion for an Extension of Time to File Defendant'sOpposition to Plaintiffs Cross-Motion 29 is GRANTED. It is further ORDERED that Defendant's opposition to Plaintiff's cross-motion is due by May 19, 2022, and Plaintiff's cross-motion reply is due by June 20, 2022. Signed by Judge Emmet G. Sullivan on 4/21/22. (psu2) (Entered: 04/21/2022)
2022-04-21Set/Reset Deadlines: Opposition to Cross Motions due by 5/19/2022. Reply to Cross Motions due by 6/20/2022. (zacr) (Entered: 04/21/2022)
2022-05-11Partial Filing Fee Received from Roger C. Day, Jr. in the amount of $12.80, receipt number 202103. (znm) (Entered: 05/11/2022)
2022-05-1930Memorandum in opposition to re 26 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Certificate of Service)(DeGenaro, Stephen) (Entered: 05/19/2022)
2022-05-1931NOTICE of Filing Declarations by UNITED STATES DEPARTMENT OF STATE re 30 Memorandum in Opposition (Attachments: # 1 Second Declaration of Susan C. Weetman, # 2 Declaration of Kirk F. Heim, # 3 Certificate of Service)(DeGenaro, Stephen) (Entered: 05/19/2022)
2022-06-1332NOTICE To The Court by ROGER CHARLES DAY, JR (zjm) (Entered: 06/15/2022)
2022-06-1533NOTICE Regarding Service by UNITED STATES DEPARTMENT OF STATE re 32 Notice (Other) (Attachments: # 1 Certificate of Service)(DeGenaro, Stephen) (Entered: 06/15/2022)
2022-06-15Partial Filing Fee Received from Roger Charles Day Jr. in the amount of $12.80, receipt number 202361. (znm) (Entered: 06/15/2022)
2022-06-15MINUTE ORDER: On consideration of the parties' Notices 32 33 it is hereby ORDERED that plaintiff's reply deadline is extended to July 15, 2022. Signed by Judge Emmet G. Sullivan on 6/15/22. (psu2) (Entered: 06/15/2022)
2022-06-16Set/Reset Deadlines: Plaintiff's Reply due by 7/15/2022. (mac) (Entered: 06/16/2022)
2022-06-2734MOTION for Order by ROGER CHARLES DAY, JR. (zjm) (Entered: 06/29/2022)
2022-06-2935NOTICE Regarding Service by UNITED STATES DEPARTMENT OF STATE re 34 MOTION for Order (Attachments: # 1 Certificate of Service)(DeGenaro, Stephen) (Entered: 06/29/2022)
2022-06-29MINUTE ORDER: On consideration of Defendant's Notice Regarding Service 35 , representing that defendant's counsel has caused a third copy of Defendant's Opposition to Plaintiff's Cross-Motion for Summary Judgment to be mailed to plaintiff at his current address of record, it is hereby ORDERED that plaintiff's "Notice and Motion to be Sent a Copy of the Defendants Documents That Must Be Replied To" 34 is DENIED. It is further ORDERED that the deadline for plaintiff's reply is extended to July 29, 2022. Signed by Judge Emmet G. Sullivan on 6/29/22. (psu2) (Entered: 06/29/2022)
2022-06-30Set/Reset Deadlines: Plaintiff Reply due by 7/29/2022. (mac) (Entered: 06/30/2022)
2022-07-0836NOTICE OF WITHDRAWAL OF APPEARANCE as to UNITED STATES DEPARTMENT OF STATE. Attorney Stephen DeGenaro terminated. (Attachments: # 1 Certificate of Service)(DeGenaro, Stephen) (Entered: 07/08/2022)
2022-07-18Partial Filing Fee Received from Roger C. Day, Jr. in the amount of $12.80, receipt number 202597. (znm) (Entered: 07/18/2022)
2022-07-2037REPLY to opposition to motion re 26 MOTION for Summary Judgment filed by ROGER CHARLES DAY, JR. (zjm) (Entered: 07/21/2022)
2022-08-0538MOTION for Leave to File the Amended Second Declaration of Susan C. Weetman by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Exhibit 1 (Amended Declaration of Susan C. Weetman), # 2 Text of Proposed Order)(Tilghman, Michael) (Entered: 08/05/2022)
2022-08-2639ORDER granting 18 defendant's Motion for Summary Judgment; denying 26 plaintiff's Motion for Summary Judgment; granting 38 defendant's Motion for Leave to File an amended declaration. This is a final appealable Order. Signed by Judge Emmet G. Sullivan on 8/25/22. (psu2) (Entered: 08/26/2022)
2022-08-2640MEMORANDUM AND OPINION. Signed by Judge Emmet G. Sullivan on 8/25/22. (psu2) (Entered: 08/26/2022)
2022-08-2941JUDGMENT in favor of Defendant, UNITED STATES DEPARTMENT OF STATE, against Plaintiff, ROGER CHARLES DAY, JR. Entered by Clerk, Andriea Hill, on 8/29/2022. (zalh) (Entered: 08/29/2022)
2022-09-0642NOTICE OF SUBSTITUTION OF COUNSEL by Sean Michael Tepe on behalf of UNITED STATES DEPARTMENT OF STATE Substituting for attorney Michael A. Tilghman II (Tepe, Sean) (Entered: 09/06/2022)
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