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Case TitleCarpezzi v. U.S. Department of Justice
DistrictMiddle District of Florida
CityFt. Myers
Case Number2:2021cv00180
Date Filed2021-03-05
Date Closed2023-03-28
JudgeJudge John L. Badalamenti
PlaintiffRobert Christopher Carpezzi
Case DescriptionRobert Carpezzi submitted a FOIA request to the FBI for records concerning a 2016 FBI investigation into the hacking of Carpezzi's AOL email account. The agency acknowledged receipt request but denied it entirely under Exemption 6 (invasion or privacy), Exemption 7(C) (invasion of privacy concerning law enforcement records), and Exemption7(E) (investigative methods and techniques). Carpezzi then filed suit.
Complaint issues: Litigation - Recovery of Costs

DefendantU.S. Department of Justice
DefendantUnited States Department of Justice
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [48]
Opinion/Order [72]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-03-051COMPLAINT against U.S. Department of Justice with Jury Demand Filing fee $402, receipt number FtM015155 filed by Robert Christopher Carpezzi. (Attachments: # 1 Civil Cover Sheet)(RMT) (Entered: 03/08/2021)
2021-03-082NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (RMT) (Entered: 03/08/2021)
2021-03-083CIVIL Action Order Signed by All Divisional Judges on 3/8/2021. (RMT) (Entered: 03/08/2021)
2021-03-084SUMMONS issued as to U.S. Department of Justice. (MLS) (Entered: 03/08/2021)
2021-04-075PROOF of proper service by Robert Christopher Carpezzi (RMT) (Entered: 04/07/2021)
2021-07-136REQUEST for entry of Default against U.S. Department of Justice by Robert Christopher Carpezzi. (RMT) Motions referred to Magistrate Judge Mac R. McCoy. (Entered: 07/13/2021)
2021-07-147ORDER denying without prejudice 6 Request for Entry of Default. Plaintiff must proceed to effectuate proper service of process of the Complaint (Doc. 1 ) upon Defendant United States Department of Justice no later than 8/18/2021. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 7/14/2021. (CM) (Entered: 07/14/2021)
2021-07-158CERTIFICATE of service by Robert Christopher Carpezzi re 6 MOTION for Clerk's Default against U.S. Department of Justice. (RMT) (Entered: 07/15/2021)
2021-07-239SUMMONS issued as to U.S. Department of Justice. (JK) (Entered: 07/23/2021)
2021-08-0610SUMMONS issued as to U.S. Attorneys Office (RMT) (Entered: 08/06/2021)
2021-08-0611MOTION to clarify prior Court Order by Robert Christopher Carpezzi. (RMT) Motions referred to Magistrate Judge Mac R. McCoy. (Entered: 08/06/2021)
2021-08-1012TEXT ORDER granting in part and denying in part 11 Pro Se Motion to Clarify Prior Court Order. The Court clarifies that Plaintiff may serve the summons previously issued as to the United States Department of Justice and Merrick Garland, U.S. Attorney General (Docs. 4 , 9 ). Additionally, the Court directs the Clerk of Court to prepare an alias summons as to Karin Hoppmann, Acting U.S. Attorney for the Middle District of Florida. If Plaintiff intends to serve Karin Hoppmann, Acting U.S. Attorney, via certified mail, the documents must be sent to the civil processing clerk as required by Fed. R. Civ. P. 4(i)(1)(A)(ii), notwithstanding the name on the summons. The motion is denied to the extent it seeks any greater or different relief. As a final matter, the Court notes that Plaintiff's current deadline to serve Defendant is set to expire 8/18/2021. (Doc. 7 ). If Plaintiff requires additional time to serve in light of this clarification, Plaintiff may file a motion, requesting an extension and providing a proposed deadline. Signed by Magistrate Judge Mac R. McCoy on 8/10/2021. (CM) (Entered: 08/10/2021)
2021-08-1113SUMMONS issued as to U.S. Department of Justice. (RMT) (Entered: 08/11/2021)
2021-08-1314MOTION for Extension of Time by Robert Christopher Carpezzi. (JK) Motions referred to Magistrate Judge Mac R. McCoy. (Entered: 08/13/2021)
2021-08-1315ENDORSED ORDER granting 14 Motion for Extention [sic] of Time. Plaintiff must serve Defendant in accordance with Fed. R. Civ. P. 4(i) and as set forth in the Court's prior Orders ( see Doc. 7 at 2-3; Doc. 12) no later than 8/31/2021. Signed by Magistrate Judge Mac R. McCoy on 8/13/2021. (CM) (Entered: 08/13/2021)
2021-08-2416SUMMONS returned unexecuted by Robert Christopher Carpezzi as to U.S. Department of Justice. (RMT) (Entered: 08/24/2021)
2021-08-2417ALIAS SUMMONS issued as to U.S. Department of Justice. (RMT) (Entered: 08/24/2021)
2021-08-3018CERTIFICATE of service as to the U.S. Attorney Office by Robert Christopher Carpezzi (Attachments: # 1 Exhibit)(RMT) (Entered: 08/30/2021)
2021-08-3119PROOF of service as to Merrick Garland by Robert Christopher Carpezzi (Attachments: # 1 Exhibit)(RMT) (Entered: 08/31/2021)
2021-09-1520RETURN of service executed on August 30, 2021 by Robert Christopher Carpezzi as to U.S. Department of Justice. (RMT) (Entered: 09/15/2021)
2021-09-2921MOTION to Amend pleading and time extension by Robert Christopher Carpezzi. (RMT) Motions referred to Magistrate Judge Mac R. McCoy. (Entered: 09/29/2021)
2021-09-3022ORDER granting 21 Motion to Amend Pleading and Time Extension. Plaintiff may file his Amended Complaint no later than 10/8/2021. Plaintiff must serve a copy of this Order and the Amended Complaint on Defendant's counsel in accordance with Fed. R. Civ. P. 5(b). See Order for details. Signed by Magistrate Judge Mac R. McCoy on 9/30/2021. (CM) (Entered: 09/30/2021)
2021-10-0823FIRST AMENDED COMPLAINT against U.S. Department of Justice filed by Robert Christopher Carpezzi. Related document: 1 Complaint filed by Robert Christopher Carpezzi.(SPB) (Entered: 10/12/2021)
2021-10-2824MOTION to Dismiss First Amended Complaint by U.S. Department of Justice. (Sullivan, David) (Entered: 10/28/2021)
2021-11-1525RESPONSE in Opposition re 24 MOTION to Dismiss First Amended Complaint filed by Robert Christopher Carpezzi. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit G)(jmc) (Entered: 11/15/2021)
2021-11-1726NOTICE of hearing: TELEPHONIC Preliminary Pretrial Conference set for 2/22/2022 at 10:00 AM before Magistrate Judge Mac R. McCoy. DIAL IN INSTRUCTIONS: TOLL FREE NUMBER: 1-888-273-3658, ACCESS CODE: 8335587. Dial in at least 5 minutes before hearing time. Landline preferred. Do not use the speaker phone feature during the call. Notwithstanding any prior Order of the Court, the parties must jointly file a Case Management Report on the approved form no later than 2/8/2022. To the extent Fed. R. Civ. P. 16(b)(2) so requires, the Court finds good cause to extend the time period for entering the Case Management and Scheduling Order until after the Case Management Report is filed and the Preliminary Pretrial Conference is held. (FN) (Entered: 11/17/2021)
2021-11-1727ORDER Governing Telephonic Proceedings. Signed by Magistrate Judge Mac R. McCoy on 11/17/2021. (FN) (Entered: 11/17/2021)
2021-11-1728ORDER Governing Preliminary Pretrial Conference. Signed by Magistrate Judge Mac R. McCoy on 11/17/2021. (FN) (Entered: 11/17/2021)
2021-11-1829CERTIFICATE of service by Robert Christopher Carpezzi re 25 Response in Opposition to Motion. (jmc) (Entered: 11/18/2021)
2022-02-0830CASE MANAGEMENT REPORT. (Sullivan, David) Modified to reflect counsel notified of full use of case number on filings on 2/22/2022 (JK). (Entered: 02/08/2022)
2022-02-2231NOTICE of Lead Counsel Designation by David P. Sullivan on behalf of U.S. Department of Justice. Lead Counsel: David P. Sullivan. (Sullivan, David) Modified to reflect counsel notified of full use of case number on filings on 2/22/2022 (JK). (Entered: 02/22/2022)
2022-02-2232NOTICE of a related action per Local Rule 1.07(c) by U.S. Department of Justice. Related case(s): Yes (Sullivan, David) Modified to reflect counsel notified of full use of case number on filings on 2/22/2022 (JK). (Entered: 02/22/2022)
2022-02-2233CERTIFICATE of interested persons and corporate disclosure statement re 3 Civil Action Order by U.S. Department of Justice. (Sullivan, David) Modified to reflect counsel notified of full use of case number on filings on 2/22/2022 (JK). (Entered: 02/22/2022)
2022-02-2234ORAL MOTION by Plaintiff for Extension of Time to File Notice of Related Action by 3/8/2022. (FN) Motions referred to Magistrate Judge Mac R. McCoy. (Entered: 02/22/2022)
2022-02-2235ORAL MOTION by Plaintiff for Extension of Time to File Corporate Disclosure Statement by 3/8/2022.(FN) Motions referred to Magistrate Judge Mac R. McCoy. (Entered: 02/22/2022)
2022-02-2236Minute Entry for Telephonic Proceedings held before Magistrate Judge Mac R. McCoy: granting 34 ORAL Motion by Plaintiff for Extension of Time to File Notice of Related Action by 3/8/2022; and granting 35 ORAL Motion by Plaintiff for Extension of Time to File Corporate Disclosure Statement by 3/8/2022. PRELIMINARY PRETRIAL CONFERENCE held on 2/22/2022. (Digital) (FN) (Entered: 02/22/2022)
2022-02-2237CASE MANAGEMENT AND SCHEDULING ORDER: Rule 26(a)(1) Mandatory Initial Disclosures to be exchanged by 3/7/2022; Motions to Add or Joint Parties or Amend Pleadings due by 4/26/2022; Plaintiff disclosure of expert report due by 3/30/2022; Defendant disclosure of expert report due by 5/3/2022; Rebuttal of expert report due by 5/30/2022; Discovery due by 6/30/2022; Dispositive motions due by 8/30/2022; Final Pretrial Meeting y 12/30/2022; Motions in Limine due by 1/6/2023; Joint Final Pretrial statement due by 1/13/2023; Final Pretrial Conference set for 1/27/2023 at 01:30 PM before Judge John L. Badalamenti; and Bench Trial set for 2/2/2023 before Judge John L. Badalamenti. Conduct mediation hearing by 7/14/2022. Lead counsel to coordinate dates. Signed by Magistrate Judge Mac R. McCoy on 2/22/2022. (FN) (Entered: 02/22/2022)
2022-02-2339CERTIFICATE of interested persons and corporate disclosure statement re 3 Civil Action Order by Robert Christopher Carpezzi. (JK) (Entered: 02/23/2022)
2022-02-2340NOTICE of a related action per Local Rule 1.07(c) by Robert Christopher Carpezzi. Related case(s): Yes (JK) (Entered: 02/23/2022)
2022-02-2341NOTICE of Filing by Robert Christopher Carpezzi re 39 Certificate of Interested Persons and Corporate Disclosure Statement, 40 Notice of a Related Action (JK) (Entered: 02/23/2022)
2022-03-0742NOTICE of compliance re 3 Civil Action Order by Robert Christopher Carpezzi (JK) (Entered: 03/08/2022)
2022-03-0743NOTICE of a related action per Local Rule 1.07(c) by Robert Christopher Carpezzi. Related case(s): No (JK) (Entered: 03/08/2022)
2022-03-0744CERTIFICATE of interested persons and corporate disclosure statement by Robert Christopher Carpezzi. (JK) (Entered: 03/08/2022)
2022-03-0745STRICKEN -- Disclosure Statement by Robert Christopher Carpezzi. (JK) Motions referred to Magistrate Judge Mac R. McCoy. Modified as to docket text and to reflect STRICKEN per 46 Order on 3/8/2022 (JK). (Entered: 03/08/2022)
2022-03-0846TEXT ORDER striking 45 Plaintiffs' [sic] Rule 26(a)(1) Disclosures as improperly filed discovery materials. See Fed. R. Civ. P. 5(d)(1)(A); Middle District Discovery (2021) at Section I.C.1. The Clerk of Court is directed to strike this filing and to indicate on the docket that the filing is stricken by this Order. The Court clarifies that initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1) are to be served on the opposing party but not filed with the Court unless and until they are used in the proceeding, the Court orders filing, or the filing is required by law or rule. See Fed. R. Civ. P. 5(d)(1)(A); Middle District Discovery (2021) at Section I.C.1. Signed by Magistrate Judge Mac R. McCoy on 3/8/2022. (CM) (Entered: 03/08/2022)
2022-03-0947SUPPLEMENT - Certificate of Service to previously filed documents re 43 Notice of a Related Action, 44 Certificate of Interested Persons and Corporate Disclosure Statement by Robert Christopher Carpezzi. (JK) (Entered: 03/09/2022)
2022-03-1748ORDER granting 24 Motion to Dismiss. Signed by Judge John L. Badalamenti on 3/17/2022. (JHA) (Entered: 03/17/2022)
2022-04-0449SECOND AMENDED COMPLAINT against U.S. Department of Justice with Jury Demand filed by Robert Christopher Carpezzi. Related document: 23 Amended Complaint filed by Robert Christopher Carpezzi. (Attachments: # 1 Exhibit A)(JK) (Entered: 04/04/2022)
2022-04-1850ANSWER and affirmative defenses to 49 SECOND Amended Complaint by U.S. Department of Justice.(Spraker, Chad) Modified as to docket text on 4/19/2022 (JK). (Entered: 04/18/2022)
2022-04-2651RESPONSE re 50 Answer to amended complaint by Robert Christopher Carpezzi. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(JK) (Entered: 04/26/2022)
2022-04-2752NOTICE of filing Certificate of Service of previous filing by Robert Christopher Carpezzi re 51 Response (JK) (Entered: 04/28/2022)
2022-05-0353NOTICE of Lead Counsel Designation by Chad C. Spraker on behalf of U.S. Department of Justice. Lead Counsel: Chad C. Spraker. (Spraker, Chad) (Entered: 05/03/2022)
2022-07-0154Case Reassigned to U.S. Magistrate Judge Kyle C Dudek. New case number: 2:21-cv-180-JLB-KCD. Magistrate Judge Mac R. McCoy no longer assigned to the case. (JK) (Entered: 07/01/2022)
2022-07-0855Joint MOTION for Miscellaneous Relief, specifically Excuse Parties from Mandatory Mediation by Robert Carpezzi, and United States Department of Justice. (Spraker, Chad) Motions referred to Magistrate Judge Kyle C. Dudek. Modified on 7/9/2022, to edit docket text. (SPB). (Entered: 07/08/2022)
2022-07-1156ENDORSED ORDER denying 55 Joint Motion to Excuse Parties from Mandatory Mediation. The parties have not shown good cause to dispense with the mediation requirement. In addition to mailing this Order, the Clerk is directed to email a copy of this Order to Plaintiff at froozensquid@gmail.com. Signed by Magistrate Judge Kyle C. Dudek on 7/11/2022. (BLW) (Entered: 07/11/2022)
2022-07-1257Joint MOTION for Miscellaneous Relief, specifically Extend Mediation Deadline by United States Department of Justice. (Spraker, Chad) Motions referred to Magistrate Judge Kyle C. Dudek. (Entered: 07/12/2022)
2022-07-1358ENDORSED ORDER granting 57 Motion for Extension to Complete Mediation. The mediation deadline is moved to July 28, 2022. All other deadlines remain as previously set. Signed by Magistrate Judge Kyle C. Dudek on 7/13/2022. (Dudek, Kyle) (Entered: 07/13/2022)
2022-07-1859NOTICE of mediation conference/hearing to be held on July 28, 2022 at 8:00 a.m. before Anne Dalton, Esq.(Spraker, Chad) (Entered: 07/18/2022)
2022-07-2860MEDIATION report Hearing held on July 28 2022. Hearing outcome: Impasse. (Dalton, Anne) (Entered: 07/28/2022)
2022-08-1961Unopposed MOTION for Extension of Time to File Dispositive Motions by United States Department of Justice. (Spraker, Chad) Motions referred to Magistrate Judge Kyle C. Dudek. (Entered: 08/19/2022)
2022-08-2262ENDORSED ORDER granting 61 Motion for Extension of Time. Given the parties' agreement, and the Court otherwise finding good cause, the deadline for dispositive motions is extended to September 6, 2022. All other deadlines from the Court's prior scheduling order remain in effect. Signed by Magistrate Judge Kyle C. Dudek on 8/22/2022. (CGW) (Entered: 08/22/2022)
2022-09-0663MOTION for Summary Judgment by United States Department of Justice. (Attachments: # 1 Exhibit One_Seidel Declaration, # 2 Exhibit Two_Index of Exhibits)(Spraker, Chad) (Entered: 09/06/2022)
2022-10-1765RESPONSE in Opposition re 63 MOTION for Summary Judgment filed by Robert Christopher Carpezzi. (Attachments: # 1 Index, # 2 Exhibit 1A, # 3 Exhibit 2A, # 4 Exhibit 3A, # 5 Exhibit 4A, # 6 Exhibit 5A, # 7 Exhibit 6A, # 8 Exhibit 7A, # 9 Exhibit 8A, # 10 Exhibit 9A, # 11 Exhibit 10A, # 12 Exhibit 11A, # 13 Exhibit 12A, # 14 Exhibit 13A, # 15 Exhibit 14A, # 16 Exhibit 15A, # 17 Exhibit 16A)(SPB) (Entered: 10/20/2022)
2022-10-1966CERTIFICATE of service by Robert Christopher Carpezzi re 65 Response in Opposition to Motion. (SPB) (Entered: 10/21/2022)
2022-10-2064SUMMARY JUDGMENT Notice and Courtesy Copies by Robert Christopher Carpezzi re 63 MOTION for Summary Judgment. (JK) (Entered: 10/20/2022)
2022-10-3167REPLY to Response to Motion re 63 MOTION for Summary Judgment filed by United States Department of Justice. (Spraker, Chad) (Entered: 10/31/2022)
2022-11-1468RESPONSE in Opposition re 63 MOTION for Summary Judgment filed by Robert Christopher Carpezzi. (Attachments: # 1 Exhibit 2A, # 2 Exhibit 3A, # 3 Exhibit 4A, # 4 Exhibit 5A, # 5 Exhibit 7A, # 6 Exhibit 11A)(JK) (Entered: 11/15/2022)
2022-11-1669CERTIFICATE of service by Robert Christopher Carpezzi re 68 Response in Opposition to Motion. (JK) (Entered: 11/16/2022)
2022-12-1470TEXT ORDER. Pursuant to the Court's ability to modify its docket ( see Fed. R. Civ. P. 16(b)(4)), the Court finds good cause to sua sponte continue the bench trial to the May trial docket. The Final Pretrial Meeting must take place by 3/31/2023. Motions in Limine will be due on 4/10/2023. The Joint Final Pretrial Statement and Trial Briefs will be due on 4/14/2023. The Final Pretrial Conference will take place on 4/28/2023. All other provisions in the 37 Case Management and Scheduling Order remain in effect. An Amended Case Management and Scheduling Order will be entered at a later date. Signed by Judge John L. Badalamenti on 12/14/2022. (RHG) (Entered: 12/14/2022)
2022-12-1471AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: . Pretrial statement due by 4/14/2023. Motion in Limine due by 4/10/2023. Final Pretrial Conference set for 4/28/2023 at 01:30 PM before Judge John L. Badalamenti. Bench Trial set for 5/1/2023 at 09:00 AM before Judge John L. Badalamenti. Signed by Judge John L. Badalamenti on 12/14/2022. (JGG) (Entered: 12/14/2022)
2023-03-2772ORDER granting 63 Defendant's Motion for Summary Judgment. The Clerk of Court shall enter judgment accordingly, terminate all other pending motions and deadlines, and close the case. See Order for details. Signed by Judge John L. Badalamenti on 3/27/2023. (RHG) (Entered: 03/27/2023)
2023-03-2873JUDGMENT. (Signed by Deputy Clerk) (SEH) (Entered: 03/28/2023)
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