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Case TitleDELGADO v. UNITED STATES DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv00089
Date Filed2023-01-12
Date Closed2024-03-12
JudgeJudge Amit P. Mehta
PlaintiffADAM DELGADO
Case DescriptionAdam Delgado, a retired ATF agent and whistleblower, submitted FOIA requests to the Department of Justice, the National Finance Center, and the Department of Agriculture for records concerning his removal from the joint terrorism task force at the request of the FBI. The agencies acknowledged receipt of the request. NFC told Delgado that it had no records while the Bureau of Alcohol, Tobacco and Firearms indicated it had records but would not release them. After hearing nothing further from the agencies, Delgado field suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF JUSTICE (DOJ)
DefendantBUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES (ATF)
DefendantNATIONAL FINANCE CENTER (NFC)
DefendantUNITED STATES DEPARTMENT OF AGRICULTURE (USDA)
AppealD.C. Circuit 24-5078
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [28]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-01-121COMPLAINT against BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, NATIONAL FINANCE CENTER, UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES DEPARTMENT OF JUSTICE ( Filing fee $ 402, receipt number 203801) filed by ADAM DELGADO. (Attachments: # 1 Exhibits, # 2 Civil Cover Sheet)(zed) (Entered: 01/12/2023)
2023-01-122MOTION for Permission to Use Post Office Box by ADAM DELGADO. (zed) (Entered: 01/12/2023)
2023-01-12SUMMONS Not Issued as to BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, NATIONAL FINANCE CENTER, UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES DEPARTMENT OF JUSTICE (zed) (Entered: 01/12/2023)
2023-01-13MINUTE ORDER granting 2 Motion for Permission to Use Post Office Box. Plaintiff may use a Post Office Box for this action. Signed by Judge Amit P. Mehta on 1/13/2023. (lcapm1) (Entered: 01/13/2023)
2023-01-13MINUTE ORDER. Plaintiff must complete summonses, which are available on the court's website under "Rules & Forms," "District of Columbia Forms Index," and submit them to the clerk's office for signature. Plaintiff is reminded that he must serve the complaint and summonses within 90 days of filing his complaint or risk dismissal of this case. See Fed. R. Civ. P. 4(m). Signed by Judge Amit P. Mehta on 1/13/2023. (lcapm1) (Entered: 01/13/2023)
2023-01-133RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES served on 1/13/2023; NATIONAL FINANCE CENTER served on 1/13/2023; UNITED STATES DEPARTMENT OF AGRICULTURE served on 1/13/2023; UNITED STATES DEPARTMENT OF JUSTICE served on 1/13/2023, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/13/2023., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/13/2023. ( Answer due for ALL FEDERAL DEFENDANTS by 2/12/2023.) (zed) (Main Document 3 replaced on 1/26/2023) (zed). (Entered: 01/20/2023)
2023-01-13SUMMONS (6) Issued as to All Defendants, U.S. Attorney and U.S. Attorney General (zljn) (Entered: 01/26/2023)
2023-01-254NEW Pro Se Consent To Receive Notices of Electronic Filing by ADAM DELGADO (zed) (Entered: 01/26/2023)
2023-02-175MOTION for Extension of Time to File Answer re 1 Complaint, with proposed order by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, NATIONAL FINANCE CENTER, UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES DEPARTMENT OF JUSTICE. (Duffey, Thomas) (Entered: 02/17/2023)
2023-02-20MINUTE ORDER granting in part 5 Motion for Extension of Time to Answer. Defendants shall file their answer or otherwise respond to the complaint on or before March 3, 2023. Signed by Judge Amit P. Mehta on 02/20/2023. (lcapm1) (Entered: 02/20/2023)
2023-03-036ANSWER to 1 Complaint, by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, NATIONAL FINANCE CENTER, UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES DEPARTMENT OF JUSTICE.(Duffey, Thomas) (Entered: 03/03/2023)
2023-03-037ORDER. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before March 17, 2023. See attached Order for additional details. Signed by Judge Amit P. Mehta 03/03/2023. (lcapm1) (Entered: 03/03/2023)
2023-03-048ERRATA Answer with Exhibits by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, NATIONAL FINANCE CENTER, UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit, # 2 Exhibit)(Duffey, Thomas) (Entered: 03/04/2023)
2023-03-069RESPONSE re 6 Answer to Complaint filed by ADAM DELGADO. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(zed) (Entered: 03/07/2023)
2023-03-0810MOTION to Substitute by ADAM DELGADO. (Attachment: # 1 Exhibit)(zed) (Entered: 03/13/2023)
2023-03-14MINUTE ORDER granting 10 Motion to Substitute Exhibit 1 of Plaintiff's Response, ECF No. 9-1. Signed by Judge Amit P. Mehta on 03/14/2023. (lcapm1) (Entered: 03/14/2023)
2023-03-1711Joint STATUS REPORT by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, NATIONAL FINANCE CENTER, UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES DEPARTMENT OF JUSTICE. (Duffey, Thomas) (Entered: 03/17/2023)
2023-03-20MINUTE ORDER. The parties shall file an additional Joint Status Report by April 3, 2023, which proposes a schedule for further proceedings, if necessary. Signed by Judge Amit P. Mehta on 03/20/2023. (lcapm1) (Entered: 03/20/2023)
2023-03-2012SUPPLEMENT to re 9 Response to Document filed by ADAM DELGADO. (Attachment: # 1 Exhibit)(zed) (Entered: 03/24/2023)
2023-04-0313Joint STATUS REPORT by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, NATIONAL FINANCE CENTER, UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES DEPARTMENT OF JUSTICE. (Duffey, Thomas) (Entered: 04/03/2023)
2023-04-0614RESPONSE re 13 Status Report filed by ADAM DELGADO. (zed) (Entered: 04/10/2023)
2023-05-1115MOTION for Summary Judgment by ADAM DELGADO. (Attachment: # 1 Exhibit)(zed) (Entered: 05/23/2023)
2023-06-0216Joint STATUS REPORT by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, NATIONAL FINANCE CENTER, UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES DEPARTMENT OF JUSTICE. (Duffey, Thomas) (Entered: 06/02/2023)
2023-06-0517MOTION for Extension of Time to File Response/Reply as to 15 MOTION for Summary Judgment with proposed order by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, NATIONAL FINANCE CENTER, UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES DEPARTMENT OF JUSTICE. (Duffey, Thomas) (Entered: 06/05/2023)
2023-06-06MINUTE ORDER granting 17 Motion for Extension of Time. Defendants shall file their response to Plaintiff's motion for summary judgment on or before July 14, 2023. Signed by Judge Amit P. Mehta on 06/06/2023. (lcapm1) (Entered: 06/06/2023)
2023-07-0718NOTICE of Proposed Order by ADAM DELGADO re 15 MOTION for Summary Judgment. (zed) (Entered: 07/11/2023)
2023-07-1219MOTION for Extension of Time to File Response/Reply as to 15 MOTION for Summary Judgment with proposed order by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, NATIONAL FINANCE CENTER, UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES DEPARTMENT OF JUSTICE. (Duffey, Thomas) (Entered: 07/12/2023)
2023-07-13MINUTE ORDER granting 19 Motion for Extension of Time to File. Defendants shall file their response to Plaintiff's motion for summary judgment on or before July 28, 2023. Signed by Judge Amit P. Mehta on 07/13/2023. (lcapm1) (Entered: 07/13/2023)
2023-07-2820Memorandum in opposition to re 15 Motion for Summary Judgment filed by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, NATIONAL FINANCE CENTER, UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts, # 2 Exhibit A, # 3 Declaration Siple, # 4 Declaration Graves)(Duffey, Thomas) (Entered: 07/28/2023)
2023-07-2821MOTION for Summary Judgment by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, NATIONAL FINANCE CENTER, UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A, # 2 Statement of Facts, # 3 Declaration Siple, # 4 Declaration Graves)(Duffey, Thomas) (Entered: 07/28/2023)
2023-07-3122ERRATA CORRECTED TYPOS by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, NATIONAL FINANCE CENTER, UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES DEPARTMENT OF JUSTICE re 21 Motion for Summary Judgment,. (Duffey, Thomas) (Entered: 07/31/2023)
2023-08-0323RESPONSE re 21 MOTION for Summary Judgment filed by ADAM DELGADO. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4). (zed) (Entered: 08/10/2023)
2023-08-1724MOTION for Extension of Time to File Response/Reply to Plaintiff's opposition to cross-motion for summary judgment by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, NATIONAL FINANCE CENTER, UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES DEPARTMENT OF JUSTICE. (Duffey, Thomas) (Entered: 08/17/2023)
2023-08-18MINUTE ORDER granting 24 Motion for Extension of Time. Defendants shall file their reply to Plaintiff's opposition to the cross-motion for summary judgment on or before September 15, 2023. Signed by Judge Amit P. Mehta on 08/18/2023. (lcapm1) (Entered: 08/18/2023)
2023-08-18Set/Reset Deadlines: Reply to Cross Motions due by 9/15/2023. (zsmc) (Entered: 08/18/2023)
2023-09-1525REPLY to opposition to motion re 21 MOTION for Summary Judgment filed by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, NATIONAL FINANCE CENTER, UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES DEPARTMENT OF JUSTICE. (Duffey, Thomas) (Entered: 09/15/2023)
2023-09-2626ERRATA Exhibit by ADAM DELGADO re 23 Response to motion. (mg) Modified on 10/4/2023 (mg). (Entered: 10/04/2023)
2024-01-1127SUPPLEMENTAL MEMORANDUM to re 23 Response to motion filed by ADAM DELGADO. (Attachments: # 1 Exhibit, # 2 Exhibit)(mg) (Entered: 01/12/2024)
2024-03-1128MEMORANDUM OPINION re: 15 Plaintiff's Motion for Summary Judgment and 21 Defendants' Cross-Motion for Summary Judgment. Please see the attached Memorandum Opinion for additional details. Signed by Judge Amit P. Mehta on 3/11/24. (lcapm2) (Main Document 28 replaced on 3/12/2024) (zsmc). (Entered: 03/11/2024)
2024-03-1129ORDER: For the reasons set forth in the court's Memorandum Opinion, ECF No. 28, the court denies Plaintiff's Motion for Summary Judgment, ECF No. 15, grants Defendants' Cross-Motion for Summary Judgment, ECF No. 21, and enters judgment in favor of Defendants. Please see the attached Order for further details. Signed by Judge Amit P. Mehta on 3/11/24. (lcapm2) (Entered: 03/11/2024)
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