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Case TitleThompson v. U.S. Justice Department
DistrictWestern District of North Carolina
CityAsheville
Case Number1:2023cv00069
Date Filed2023-03-15
Date Closed2023-11-21
JudgeDistrict Judge Max O. Cogburn, Jr
PlaintiffDavid M. Thompson
Case DescriptionDavid Thompson submitted a FOIA request with the Environment & Natural Resources Division of the Department of Justice. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Thompson filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantU.S. Justice Department
Documents
Docket
Complaint
Opinion/Order [24]
Opinion/Order [25]
Opinion/Order [27]
Opinion/Order [31]
Opinion/Order [32]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-03-151COMPLAINT filed by David M. Thompson against U.S. Justice Department. (Filing fee of $402 paid. Check to be forwarded to Charlotte for receipting.) (maf) (Entered: 03/15/2023)
2023-03-152Summons Issued Conventionally as to U.S. Justice Department and US Attorney. (maf) (Entered: 03/15/2023)
2023-03-15Case assigned to District Judge Max O. Cogburn, Jr. and Magistrate Judge W. Carleton Metcalf. Notice: You must click this link to retrieve the Case Assignment Packet . Case Assignment Packet provided to pro se at public counter. (maf) (Entered: 03/15/2023)
2023-03-30Filing Fee Received: $ 402, receipt number 2880 (tlj) (Entered: 03/30/2023)
2023-04-243NOTICE of Appearance by James B. Gatehouse on behalf of All Defendants (Gatehouse, James) (Entered: 04/24/2023)
2023-05-114MOTION for Extension of Time to Answer re: 1 Complaint by U.S. Justice Department. (Gatehouse, James). Motions referred to W. Carleton Metcalf. (Entered: 05/11/2023)
2023-05-185ORDER denying without prejudice Deft's 4 Motion for Extension of Time to Answer 1 Complaint and Deft may renew the Motion if it contends that its response deadline is not currently 6/12/2023 by operation of law. Signed by US Magistrate Judge W. Carleton Metcalf on 5/18/2023. (Pro se litigant served by US Mail.) (ejb) (Entered: 05/18/2023)
2023-05-226MOTION for Extension of Time to Answer re: 1 Complaint by U.S. Justice Department. (Gatehouse, James). Motions referred to W. Carleton Metcalf. (Entered: 05/22/2023)
2023-05-237ORDER that Defendant's 6 request is GRANTED, and Defendant's deadline to file an answer or other response to Plaintiff's Complaint is EXTENDED to and including June 12, 2023. U.S. Justice Department answer due 6/12/2023. Signed by US Magistrate Judge W. Carleton Metcalf on 5/23/2023. (Pro se litigant served by US Mail.)(kby) (Entered: 05/23/2023)
2023-06-128Second MOTION for Extension of Time to Answer re: 1 Complaint by U.S. Justice Department. (Gatehouse, James). Motions referred to W. Carleton Metcalf. (Entered: 06/12/2023)
2023-06-139ORDER: Defendant's 8 Motion for Second Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint is GRANTED and the Defendant's deadline to file an answer or other response to Plaintiff's Complaint is EXTENDED to and including 6/16/2023. Signed by US Magistrate Judge W. Carleton Metcalf on 6/12/2023. (Pro se litigant served by US Mail.)(kby) (Entered: 06/13/2023)
2023-06-1610Partial* MOTION to Dismiss for Lack of Jurisdiction and Failure to State Claim by U.S. Justice Department. Responses due by 6/30/2023 (Attachments: # 1 Affidavit, # 2 Affidavit) (Gatehouse, James) Modified text* on 7/5/2023. (ejb). (Entered: 06/16/2023)
2023-06-1611MEMORANDUM in Support re 10 Partial* MOTION to Dismiss for Lack of Jurisdiction and Failure to State Claim by U.S. Justice Department. (Gatehouse, James) Modified text* on 7/5/2023 (ejb). (Entered: 06/16/2023)
2023-06-2012ROSEBORO ORDER Setting Response Deadline re: 10 MOTION to Dismiss for Lack of Jurisdiction and Failure to State Claim . Responses due by 7/5/2023. Signed by District Judge Max O. Cogburn, Jr on 6/20/2023. (Pro se litigant served by US Mail.)(brl) (Entered: 06/20/2023)
2023-06-3013MOTION for "Partial Summary Judgment and for Declaratory and/or Injunctive Relief" by David M. Thompson. Responses due by 7/14/2023 (Attachments: # 1 Brief in Opposition to Defendant's 10 Motion for "Partial Dismissal and in Support of Plaintiff's Motion for Partial Summary Judgment and for Declaratory and/or Injunctive Relief") (slm) (Main Document 13 replaced with correct .pdf, Attachment 1 renamed and replaced with correct .pdf; and Additional attachments added on 7/5/2023: # 2 Exhibit A, # 3 Exhibit B). NEF Regenerated (ejb). (Entered: 07/03/2023)
2023-06-30Set Reply Deadline as to Deft's 10 MOTION to Dismiss for Lack of Jurisdiction and Failure to State Claim . Deft's Reply due by 7/7/2023 to Pltf's ( 13 -1) Brief in Opposition to Deft's 10 Motion. (ejb) (Entered: 07/05/2023)
2023-07-0714MOTION for Extension of Time to File Response/Reply to Plaintiff's Response to Defendant's Motion to Dismiss by U.S. Justice Department. Responses due by 7/21/2023 (Gatehouse, James). Motions referred to W. Carleton Metcalf. (Entered: 07/07/2023)
2023-07-1115ORDER: Defendant's 14 request is GRANTED, and Defendants deadline to file a reply, if any, to Plaintiff's [13-1] response in opposition to Defendant's 10 Partial Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) is EXTENDED to and including July 14, 2023. Signed by US Magistrate Judge W. Carleton Metcalf on 7/10/2023. (Pro se litigant served by US Mail.)(kby) (Entered: 07/11/2023)
2023-07-1216MOTION for Extension of Time to File "reply to the Departments' response on the 13 MOTION for Partial Summary Judgment, whenever that response may occur" by David M. Thompson. Responses due by 7/26/2023 (ejb). Motions referred to W. Carleton Metcalf. (Entered: 07/12/2023)
2023-07-1317REPLY to Response to Motion re 10 Partial MOTION to Dismiss for Lack of Jurisdiction and Failure to State Claim by U.S. Justice Department. (Gatehouse, James) (Entered: 07/13/2023)
2023-07-1318Defendant's Motion to Continue Consideration of Summary Judgment and For An Order Scheduling Briefing and Other Aspects of the Case by U.S. Justice Department. Replies due by 7/20/2023 (Gatehouse, James) Modified event from Response to a Motion on 7/14/2023 (ams). (Entered: 07/13/2023)
2023-07-1419ORDER granting 18 Motion for Extension of Time to Consider Motion for Summary Judgment to the extent that the Court will not consider Plaintiffs pending summary judgment at this time. Signed by District Judge Max O. Cogburn, Jr on 7/14/2023. (Pro se litigant served by US Mail.)(ams) (Entered: 07/14/2023)
2023-07-1720MOTION for Reconsideration re 19 Order by David M. Thompson. Responses due by 7/31/2023 (slm). Modified to remove referral on 7/21/2023 (ams). (Entered: 07/17/2023)
2023-07-1721ORDER denying as moot Pltf's 16 Motion for Extension of Time to File Reply to Deft's Response to Pltf's 13 MOTION for Partial Summary Judgment. Signed by US Magistrate Judge W. Carleton Metcalf on 7/17/2023. (Pro se litigant served by US Mail.) (ejb) (Entered: 07/17/2023)
2023-07-3122RESPONSE in Opposition re 20 MOTION for Reconsideration re 19 Order on Motion for Extension of Time, by U.S. Justice Department. Replies due by 8/7/2023 (Gatehouse, James) (Entered: 07/31/2023)
2023-08-0123REPLY to Response re 22 Response to Request for Reconsideration by David M. Thompson. (Attachments: # 1 Declaration) (smm) (Entered: 08/01/2023)
2023-08-2424ORDER denying Defendant's Partial 10 Motion to Dismiss for Lack of Jurisdiction. Signed by District Judge Max O. Cogburn, Jr on 8/24/2023. (Pro se litigant served by US Mail.)(brl) (Entered: 08/24/2023)
2023-08-2525ORDER denying 20 Motion for Reconsideration re: 19 Order on Motion for Extension of Time, filed by David M. Thompson. Signed by District Judge Max O. Cogburn, Jr on 8/24/2023. (Pro se litigant served by US Mail.)(brl) (Entered: 08/25/2023)
2023-09-05TEXT-ONLY ORDER denying 13 Motion for Summary Judgment Text of Order: MOTION for "Partial Summary Judgment and for Declaratory and/or Injunctive Relief" by David M. Thompson is DENIED as premature, as explained in this Court's Order dated June 30, 2023, Doc. No. 19. Plaintiff may refile his summary judgment motion after the parties have conducted discovery. So Ordered . Entered by District Judge Max O. Cogburn, Jr on 9/5/2023. (Pro se litigant served by US Mail.)(eel) (Entered: 09/05/2023)
2023-09-0626Joint MOTION to Stay by U.S. Justice Department. Responses due by 9/20/2023 (Gatehouse, James). Motions referred to W. Carleton Metcalf. (Entered: 09/06/2023)
2023-09-0727ORDER granting in part and denying in part 26 Motion to Stay. To the extent the Motion seeks a stay of this matter in its entirety, the request is DENIED. However, to the extent the Motion seeks an extension of the deadline for Defendant to answer Plaintiff's Complaint, the Motion is GRANTED IN PART, and Defendant's answer deadline is EXTENDED through and including 10/6/2023. Signed by US Magistrate Judge W. Carleton Metcalf on 9/7/2023. (Pro se litigant served by US Mail.) (slm) (Entered: 09/07/2023)
2023-09-07Set/Reset Deadlines: U.S. Justice Department answer due 10/6/2023. (slm) (Entered: 09/07/2023)
2023-10-0628MOTION for Extension of Time to Answer re: 1 Complaint by U.S. Justice Department. (Gatehouse, James). Motions referred to W. Carleton Metcalf. (Entered: 10/06/2023)
2023-10-1029Joint MOTION to Dismiss by U.S. Justice Department. Responses due by 10/24/2023 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Gatehouse, James) (Entered: 10/10/2023)
2023-10-1030ORDER that Deft's 28 Motion for Extension of Time to Answer 1 Complaint is GRANTED; however as the parties filed a 29 Joint Motion to Dismiss on 10/10/2023, Deft U.S. Justice Department's answer deadline is EXTENDED through and including that date. Signed by US Magistrate Judge W. Carleton Metcalf on 10/10/2023. (Pro se litigant served by US Mail.) (ejb) (Entered: 10/10/2023)
2023-11-2131ORDER granting 29 Joint Motion to Dismiss. This action is dismissed with prejudice. Signed by District Judge Max O. Cogburn, Jr on 11/20/2023. (Pro se litigant served by US Mail.)(ams) (Entered: 11/21/2023)
2023-11-2132CLERK'S JUDGMENT is hereby entered in accordance with the Court's Order dated 11/21/2023. Signed by Clerk, Katherine Hord Simon. (Pro se litigant served by US Mail.)(ams) (Entered: 11/21/2023)
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