| Date Filed | Doc # | Docket Text |
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| 2020-08-05 | 1 | COMPLAINT against William Barr, United States Department fo Justice ( Filing fee $ 400 receipt number ADCDC-7427646) filed by Jose Diaz Rosado. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons)(Vissepo Garriga, Jean) (Entered: 08/05/2020) |
| 2020-08-07 | 2 | ERRATA RE: Complaint by JOSE DIAZ ROSADO. (Vissepo Garriga, Jean) (Entered: 08/07/2020) |
| 2020-08-07 | | Case Assigned to Judge Timothy J. Kelly. (adh, ) (Entered: 08/07/2020) |
| 2020-08-07 | 3 | SUMMONS (2) Issued Electronically as to UNITED STATES DEPARTMENT OF JUSTICE, WILLIAM BARR. (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 08/07/2020) |
| 2020-08-31 | 4 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/12/2020. Answer due for ALL FEDERAL DEFENDANTS by 9/11/2020. (Vissepo Garriga, Jean) (Entered: 08/31/2020) |
| 2020-09-01 | 5 | ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/12/2020. Answer due for ALL FEDERAL DEFENDANTS by 9/11/2020. (Vissepo Garriga, Jean) Modified on 9/2/2020 (eg). (Entered: 09/01/2020) |
| 2020-09-02 | | NOTICE OF CORRECTED DOCKET ENTRY: re 5 Summons Returned Executed in FOIA as to U.S. Attorney, was entered in error and counsel was instructed to refile said pleading with correct event/party served. (eg) (Entered: 09/02/2020) |
| 2020-09-11 | 6 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/12/2020. (Vissepo Garriga, Jean) (Entered: 09/11/2020) |
| 2020-11-18 | 7 | MOTION for Entry of Default by JOSE DIAZ ROSADO (Attachments: # 1 Certificate of Service Service of Process-William Barr, # 2 Certificate of Service Service of Process-DOJ, # 3 Supplement Proposed Order)(Vissepo Garriga, Jean) (Entered: 11/18/2020) |
| 2020-11-25 | | MINUTE ORDER: Federal Rule of Civil Procedure 4(m) requires Plaintiff to serve Defendant "within 90 days after the complaint is filed." Fed. R. Civ. P. 4(m). That time began to run on August 5, 2020 and expired on November 3, 2020. Plaintiff has named as Defendants the U.S. Department of Justice and Attorney General Barr in his official capacity. In such cases, Rule 4(i)(2) governs service, which requires that "[t]o serve a United States agency or corporation, or a United States officer or employee sued only in an official capacity, a party must serve the United States [in accordance with Rule 4(i)(1)] and also send a copy of the summons and of the complaint by registered or certified mail to the agency, corporation, officer, or employee." Fed. R. Civ. P. 4(i)(2). And Rule 4(i)(1), in turn, explains that to serve the United States, a plaintiff must "(A)(i) deliver a copy of the summons and of the complaint to the United States attorney for the district where the action is brought--or to an assistant United States attorney or clerical employee whom the United States attorney designates in a writing filed with the court clerk--or (ii) send a copy of each by registered or certified mail to the civil-process clerk at the United States attorney's office; (B) send a copy of each by registered or certified mail to the Attorney General of the United States at Washington, D.C.; and (C) if the action challenges an order of a nonparty agency or officer of the United States, send a copy of each by registered or certified mail to the agency or officer." Fed. R. Civ. P. 4(i)(1). Finally, Rule 4(l) directs that "[u]nless service is waived, proof of service must be made to the court." Fed. R. Civ. P. 4(l). At present, the docket does not appear to reflect proper service on either Defendant. Accordingly, it is hereby ORDERED that Plaintiff shall serve and file proof of service on the Defendants no later than December 28, 2020. If Plaintiff fails to do so, the Court may dismiss the action without prejudice. Fed. R. Civ. P. 4(m). Signed by Judge Timothy J. Kelly on 11/25/2020. (lctjk1) (Entered: 11/25/2020) |
| 2020-12-21 | 8 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General on December 15, 2020. (Vissepo Garriga, Jean) (Entered: 12/21/2020) |
| 2020-12-21 | 9 | ENTERED IN ERROR......RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/15/2020. Answer due for ALL FEDERAL DEFENDANTS by 1/14/2021. (Vissepo Garriga, Jean); Modified on 12/22/2020 (ztth). (Entered: 12/21/2020) |
| 2020-12-21 | 10 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 12/15/2020 (Vissepo Garriga, Jean) (Entered: 12/21/2020) |
| 2020-12-22 | | NOTICE OF ERROR re 9 Summons Returned Executed in FOIA as to U.S. Attorney; emailed to jp@vissepolaw.com, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect document/case, 2. Please refile document, 3. Docket Entry 9 was entered in error. (ztth, ) (Entered: 12/22/2020) |
| 2020-12-30 | | MINUTE ORDER: Plaintiff failed to properly effect service by November 3, 2020, the date by which service of process was due under Federal Rule of Civil Procedure 4(m). Under Rule 4, to serve a United States agency or an officer or employee in an official capacity, Plaintiff is required to send a copy of the summons and complaint to the Attorney General of the United States and U.S. Attorney's Office for the District of Columbia as well. Fed. R. Civ. P. 4(i)(1)-(2). Plaintiff has not filed proof of service on the U.S. Attorney's Office for the District of Columbia, nor has he shown good cause for this failure or requested additional time to do so. Moreover, Plaintiff failed to comply with the Court's Minute Order of November 25, 2020, extending the deadline and specifically requiring him to serve Defendants and file proof of service by December 28, 2020. Therefore, as required by Rule 4(m), the Court sua sponte dismisses Plaintiff's 1 Complaint and this action without prejudice. The Clerk of Court is directed to close the case. Signed by Judge Timothy J. Kelly on 12/30/2020. (lctjk1) (Entered: 12/30/2020) |
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