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Case TitlePetersen v. U.S. Securities and Exchange Commission
DistrictDistrict of Nebraska
CityOmaha
Case Number8:2022cv00141
Date Filed2022-04-14
Date Closed2023-05-19
JudgeSenior Judge John M. Gerrard
PlaintiffDavid Petersen
Case DescriptionDavid Petersen submitted a FOIA requests to the Securities and Exchange Commission for records concerning a number of investigations involving the SEC and the FBI. The agency acknowledged receipt of the requests but after receiving no substantive response from the agency, Petersen filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Recovery of Costs

DefendantU.S. Securities and Exchange Commission
Documents
Docket
Complaint
Opinion/Order [5]
Opinion/Order [12]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-04-141COMPLAINT against U.S. Securities and Exchange Commission. No summons Summons issued, with receipt number 8063361, in the amount of $ 402 filed on behalf of David Petersen(TCL) (Entered: 04/14/2022)
2022-04-142NOTICE by Clerk acknowledging receipt of complaint filed by a pro se party. Three Blank summons forms mailed to plaintiff. (TCL) (Entered: 04/14/2022)
2022-04-203Summons Issued (COPY) as to defendant U.S. Securities and Exchange Commission. Original provided to pro se plaintiff for completion of service. (LKO) (Entered: 04/20/2022)
2022-05-054MOTION to Amend Complaint 1 on behalf of Plaintiff David Petersen. (LKO) (Entered: 05/05/2022)
2022-05-055ORDER - The plaintiff's motion to amend complaint (filing 4 ) is granted. The plaintiff's supplemental allegations and attachments (filing 4 at 2-6) are deemed incorporated by reference into the plaintiff's complaint. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(LKO) (Entered: 05/05/2022)
2022-08-166ORDER TO SHOW CAUSE Plaintiff shall have until September 13, 2022 to show cause why this case should not be dismissed pursuant to Federal Rule of Civil Procedure 4(m) or for want of prosecution. The failure to timely comply with this order may result in dismissal of this action without further notice. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party) (LRM) (Entered: 08/16/2022)
2022-08-197RESPONSE regarding Order to Show Cause 6 on behalf of Plaintiff David Petersen. (LKO) (Entered: 08/19/2022)
2022-08-238ORDER - that Plaintiff shall have until September 22, 2022, to effectuate service on Defendant. The failure to timely comply with this order may result in dismissal of this action without further notice. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party) (LKO) (Entered: 08/23/2022)
2022-09-019REVISED RESPONSE regarding Order to Show Cause 6 on behalf of Plaintiff David Petersen.(LRM) (Entered: 09/01/2022)
2022-09-1210MOTION for Leave to Amend Complaint on behalf of Plaintiff David Petersen. (LKO) (Entered: 09/13/2022)
2022-09-1611MODIFIED REVISED RESPONSE regarding Order to Show Cause 6 on behalf of Plaintiff David Petersen.(LRM) (Entered: 09/16/2022)
2022-09-2212ORDER - Plaintiff's motion to amend complaint (Filing No. 10 ) is granted. Plaintiff's supplement allegations and attachments (Filing No. 10 ) are deemed incorporated by reference into the plaintiff's complaint (Filing No. 1 ) and first motion to amend complaint. (Filing No. 4 at 2-6). For service of process on Defendant, the Clerk of Court is directed to complete three summons forms for the following addresses: United States Attorney District of Nebraska, 1620 Dodge Street, #1400, Omaha, NE 68102; Attorney General of the United States, U.S. Department of Justice, 950 Pennsylvania Avenue, NW, Washington, DC 20530; U.S. Securities and Exchange Commission, 100 F Street, NE, Washington, DC 20549.The Clerk of the Court shall provide the summons to Plaintiff to effectuate service. Plaintiff shall serve the summons together with a copy of the complaint (Filing No. 1 ), the first motion to amend complaint (Filing No. 4 ), the second motion to amend complaint (Filing No. 10 ), and a copy of this order on the above-named entities. Plaintiff shall have until October 20, 2022 , to perfect service on Defendant in accordance with Federal Rule of Civil Procedure 4(i). Failing to comply with this order could result in dismissal of this case without further notice. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(LKO) (Entered: 09/22/2022)
2022-09-2213Summons Issued (COPY) as to defendant U.S. Securities and Exchange Commission. Original mailed to plaintiff for completion of service along with Complaint 1 , Motion to Amend Complain 4 , and Motion for Leave to Amend Complaint 10 , per Order 12 . (LKO) (Entered: 09/22/2022)
2022-10-1314SUMMONS Returned Executed upon U.S. Attorney General, U.S. Attorney - District of Nebraska, and defendant U.S. Securities and Exchange Commission on 10/7/2022. (LRM) (Entered: 10/13/2022)
2022-11-0715NOTICE of Appearance by Attorney Michael S. Bailey on behalf of Defendant U.S. Securities and Exchange Commission (Bailey, Michael) (Entered: 11/07/2022)
2022-11-0716ANSWER to 1 Complaint by U.S. Securities and Exchange Commission (Bailey, Michael) (Entered: 11/07/2022)
2022-11-0817FINAL PROGRESSION ORDER - Depositions due 9/5/23. The trial and pretrial conference will not be set at this time. A status conference to discuss case progression, the parties' interest in settlement, and the trial and pretrial conference settings will be held with the undersigned magistrate judge on September 12, 2023 at 10:00 a.m. by telephone. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(LKO) (Entered: 11/08/2022)
2022-11-0818CASE CONFERENCE INSTRUCTIONS. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 5.2(e). Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(LKO) (Entered: 11/08/2022)
2023-02-0319FINAL PROGRESSION ORDER (AMENDED) - The trial and pretrial conference will not be set at this time. A status conference to discuss case progression, the parties' interest in settlement, and the trial and pretrial conference settings will be held with the undersigned magistrate judge on May 30, 2023 at 11:00 a.m. by telephone. The parties shall use the conferencing instructions assigned to this case to participate in the conference. The status conference currently scheduled for September 12, 2023 is canceled . Ordered by Magistrate Judge Cheryl R. Zwart. (LKO) (Entered: 02/03/2023)
2023-05-1920JOINT STIPULATION FOR DISMISSAL WITH PREJUDICE by Attorney Michael S. Bailey on behalf of Defendant U.S. Securities and Exchange Commission. (Attachments: # 1 Text of Proposed Order Proposed Judgment)(Bailey, Michael) (Entered: 05/19/2023)
2023-05-1921JUDGMENT On the parties' joint stipulation for dismissal with prejudice (filing 20 ), this case is dismissed with prejudice, each party to bear their own fees and costs. (Attachments: # 1 Notice - Civil Appeals in Pro Se Cases) Ordered by Senior Judge John M. Gerrard. (Copy mailed to pro se party) (LRM) (Entered: 05/19/2023)
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by FOIA Project Staff
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