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Case TitleMUSGRAVE v. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv00554
Date Filed2021-03-03
Date ClosedOpen
JudgeJudge Amit P. Mehta
PlaintiffSHAWN MUSGRAVE
Case DescriptionShawn Musgrave, a freelance journalist, submitted FOIA requests to the Department of Justice for records concerning @ DevinCow Twitter account, an anonymous Twitter account parodying Rep. Devin Nunes, who sued to try to have the site shut down. The FBI and the Office of Information Policy acknowledged receipt of the request but after hearing nothing further from the agency, Musgrave filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantDEPARTMENT OF JUSTICE
DefendantUS DEPT OF JUSTICE
DefendantU.S. DEPARTMENT OF JUSTICE
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

2021-03-031COMPLAINT against DEPARTMENT OF JUSTICE ( Filing fee $ 402 receipt number ADCDC-8268158) filed by SHAWN MUSGRAVE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(McClanahan, Kelly) (Entered: 03/03/2021)
2021-03-03Case Assigned to Judge Amit P. Mehta. (adh, ) (Entered: 03/03/2021)
2021-03-032SUMMONS (3) Issued Electronically as to DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 03/03/2021)
2021-03-223RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/18/2021. Answer due for ALL FEDERAL DEFENDANTS by 4/17/2021. (McClanahan, Kelly) (Entered: 03/22/2021)
2021-04-154NOTICE of Appearance by Stephen DeGenaro on behalf of DEPARTMENT OF JUSTICE (DeGenaro, Stephen) (Entered: 04/15/2021)
2021-04-155Consent MOTION for Extension of Time to File Answer re 1 Complaint or Otherwise Respond by DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 04/15/2021)
2021-04-16MINUTE ORDER granting 5 Unopposed Motion for Extension of Time to Answer. The time for Defendant to respond to Plaintiff's Complaint is hereby extended up to and including May 19, 2021. Signed by Judge Amit P. Mehta on 4/16/2021. (lcapm3) (Entered: 04/16/2021)
2021-05-196ANSWER to Complaint by DEPARTMENT OF JUSTICE.(DeGenaro, Stephen) (Entered: 05/19/2021)
2021-05-197STATUS REPORT by DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 05/19/2021)
2021-05-20MINUTE ORDER. The parties shall file an additional Joint Status Report by July 19, 2021, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 5/20/2021. (lcapm3) (Entered: 05/20/2021)
2021-07-048Unopposed MOTION to Amend/Correct 1 Complaint by SHAWN MUSGRAVE. (Attachments: # 1 Exhibit A - 1st Amended Complaint, # 2 Text of Proposed Order)(McClanahan, Kelly) (Entered: 07/04/2021)
2021-07-05MINUTE ORDER granting 8 Plaintiff's Unopposed Motion for Leave to File First Amended Complaint. The First Amended Complaint shall now be the operative pleading in this matter. Signed by Judge Amit P. Mehta on 7/5/2021. (lcapm3) (Entered: 07/05/2021)
2021-07-139Consent MOTION for Extension of Time to Respond to the Amended Complaint by DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 07/13/2021)
2021-07-15MINUTE ORDER granting 9 Motion for Extension of Time to Respond to the Amended Complaint. Defendant shall respond to Plaintiff's Amended Complaint on or before August 18, 2021. Signed by Judge Amit P. Mehta on 7/15/2021. (lcapm3) (Entered: 07/15/2021)
2021-07-1910Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 07/19/2021)
2021-07-20MINUTE ORDER. The parties shall file an additional Joint Status Report by September 17, 2021, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 7/20/2021. (lcapm3) (Entered: 07/20/2021)
2021-08-1811ANSWER to Complaint (Amended Complaint) by DEPARTMENT OF JUSTICE.(DeGenaro, Stephen) (Entered: 08/18/2021)
2021-08-1912ORDER. 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 September 2, 2021. The Joint Status Report shall include (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976); and (5) whether the parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. See attached Order for details. Signed by Judge Amit P. Mehta on 08/19/2021. (lcapm3) (Entered: 08/19/2021)
2021-09-0213Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 09/02/2021)
2021-09-02MINUTE ORDER. The parties shall file an additional Joint Status Report by November 1, 2021, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 9/2/2021. (lcapm3) (Entered: 09/02/2021)
2021-11-0114Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 11/01/2021)
2021-11-01MINUTE ORDER. The parties shall file an additional Joint Status Report by January 3, 2022, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 11/1/2021. (lcapm3) (Entered: 11/01/2021)
2022-01-0315Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 01/03/2022)
2022-01-04MINUTE ORDER. The parties shall file an additional Joint Status Report by March 4, 2022, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 01/04/2022. (lcapm3) (Entered: 01/04/2022)
2022-03-0416Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 03/04/2022)
2022-03-07MINUTE ORDER. The parties shall file an additional Joint Status Report by May 4, 2022, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 03/07/2022. (lcapm3) (Entered: 03/07/2022)
2022-05-0417Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 05/04/2022)
2022-05-05MINUTE ORDER. The parties shall file an additional Joint Status Report by July 1, 2022, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 05/04/2022. (lcapm3) (Entered: 05/05/2022)
2022-07-0118Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 07/01/2022)
2022-07-06MINUTE ORDER. The parties shall file an additional Joint Status Report by August 30, 2022, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 07/06/2022. (lcapm3) (Entered: 07/06/2022)
2022-08-3019Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 08/30/2022)
2022-08-31MINUTE ORDER. The parties shall file an additional Joint Status Report by October 31, 2022, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 08/30/2022. (lcapm3) (Entered: 08/31/2022)
2022-10-3120NOTICE of Appearance by Derek S. Hammond on behalf of US DEPT OF JUSTICE (Hammond, Derek) (Entered: 10/31/2022)
2022-10-3121Joint STATUS REPORT by US DEPT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Hammond, Derek) (Entered: 10/31/2022)
2022-11-01MINUTE ORDER. The parties shall file an additional Joint Status Report by January 30, 2023, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 11/01/2022. (lcapm3) (Entered: 11/01/2022)
2022-12-2022NOTICE OF SUBSTITUTION OF COUNSEL by John Bardo on behalf of US DEPT OF JUSTICE Substituting for attorney Stephen DeGenaro (Bardo, John) (Entered: 12/20/2022)
2023-01-3023Joint STATUS REPORT by US DEPT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Bardo, John) (Entered: 01/30/2023)
2023-01-31MINUTE ORDER. The parties shall file an additional Joint Status Report by May 1, 2023, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 01/31/2023. (lcapm3) (Entered: 01/31/2023)
2023-05-0124Joint STATUS REPORT by US DEPT OF JUSTICE. (Bardo, John) (Entered: 05/01/2023)
2023-05-02MINUTE ORDER. The parties shall file an additional Joint Status Report by July 31, 2023, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 05/02/2023. (lcapm3) (Entered: 05/02/2023)
2023-07-1025NOTICE OF WITHDRAWAL OF APPEARANCE as to US DEPT OF JUSTICE. Attorney Derek S. Hammond terminated. (Hammond, Derek) (Entered: 07/10/2023)
2023-07-3126Joint STATUS REPORT by US DEPT OF JUSTICE. (Bardo, John) (Entered: 07/31/2023)
2023-08-01MINUTE ORDER. The parties shall file an additional Joint Status Report by October 30, 2023, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 08/01/2023. (lcapm3) (Entered: 08/01/2023)
2023-10-3027Joint STATUS REPORT by US DEPT OF JUSTICE. (Bardo, John) (Entered: 10/30/2023)
2023-10-31MINUTE ORDER. The parties shall file an additional Joint Status Report by January 29, 2024, which advises whether any disputed issues remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 10/31/2023. (lcapm3) (Entered: 10/31/2023)
2024-01-2928Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Bardo, John) (Entered: 01/29/2024)
2024-02-02MINUTE ORDER. The parties shall file an additional Joint Status Report by April 29, 2024, which advises whether any disputed issues remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 2/2/2024. (lcapm3) (Entered: 02/02/2024)
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