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Case TitleChelmowski v. Federal Communication Commission
DistrictNorthern District of Illinois
CityChicago
Case Number1:2023cv14491
Date Filed2023-10-04
Date ClosedOpen
JudgeHonorable Matthew F. Kennelly
PlaintiffJames Chelmowski
Case DescriptionJames Chelmowski submitted a FOIA request to the Federal Communications Commission for records concerning the processing of his 2021 FOIA appeal. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Chelmowski filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantFederal Communication Commission (FCC)
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-10-041RECEIVED Complaint for declaratory and emergency injunctive relief by James Chelmowski. (daj, ) (Entered: 10/04/2023)
2023-10-042RECEIVED EXHIBITS by James Chelmowski. (daj, ) (Entered: 10/04/2023)
2023-10-043CIVIL Cover Sheet. (daj, ) (Entered: 10/04/2023)
2023-10-04CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. FEE DUE, NO INFORMA PAUPERIS APPLICATION SUBMITTED. Case assignment: Random assignment. (Civil Category 2). (daj, ) (Entered: 10/04/2023)
2023-10-044ORDER: Local Rule 3.3 requires that any document submitted for filing for which a filing fee is required must be accompanied either by the appropriate fee or an In Forma Pauperis Application and Financial Affidavit. No filing fee or IFP petition was submitted at the time of filing this matter. James Chelmowski is directed to pay the required filing fee or submit a completed In Forma Pauperis Application and Financial Affidavit within 15 days of this notification. Pursuant to LR 3.3(f), failure to comply with this order may result in sanctions, including dismissal of the action by the assigned judge. Signed by the Executive Committee. (daj, ) (Entered: 10/04/2023)
2023-10-04CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (daj, ) (Entered: 10/04/2023)
2023-10-04MAILED CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), Consent form, Local Rule 3.3, IFP form to James Chelmowski. (daj, ) (Entered: 10/04/2023)
2023-10-055MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff has filed a complaint but has not paid the filing fee and also has not filed an application to proceed in forma pauperis (i.e. without prepaying the filing fee). Unless plaintiff does one or the other by 10/20/2023 the Court will dismiss the case for nonpayment of the filing fee. Mailed notice. (mma, ) (Entered: 10/05/2023)
2023-10-11SUMMONS Issued as to Federal Communication Commission, U.S. Attorney, and U.S. Attorney General (smb, ) (Entered: 10/11/2023)
2023-10-117COMPLAINT filed by James Chelmowski. (Exhibits) (jh, ) (Entered: 10/23/2023)
2023-11-158DESIGNATION of Kurt N. Lindland as U.S. Attorney for Defendant Federal Communication Commission (Lindland, Kurt) (Entered: 11/15/2023)
2023-11-159MOTION by Defendant Federal Communication Commission for extension of time to file answer (Lindland, Kurt) (Entered: 11/15/2023)
2023-11-1610MINUTE entry before the Honorable Matthew F. Kennelly: Defendant's motion for extension of time 9 is granted. Response to complaint is to be filed by 1/9/2024. The case is set for an initial telephonic status hearing on 1/17/2024 at 8:45 AM. The following call-in number will be used for the hearing: 888-684-8852, conference code 746-1053. Plaintiff and attorney for defendant are directed to call in at that time. Mailed notice. (mma, ) (Entered: 11/16/2023)
2023-12-2811ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates) , any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice. (tg, ) (Entered: 12/29/2023)
2024-01-0912MOTION by Defendant Federal Communication Commission to dismiss Defendant's Motion to Dismiss or Alternatively to Transfer Venue or Stay the Case (Lindland, Kurt) (Entered: 01/09/2024)
2024-01-0913Memorandum in Support of Defendant's Motion to Dismiss or alternatively to Transfer Venue or Stay the Case by Federal Communication Commission (Lindland, Kurt) (Entered: 01/09/2024)
2024-01-1714MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 1/17/2024. Plaintiff failed to appear for the hearing. Plaintiff's response to the defendant's motion to dismiss or transfer 12 is due 2/7/2024; defendant's reply is due 2/21/2024. Case is set for a telephonic status hearing on 2/29/2024 at 9:00 a.m. The following call-in number will be used for the hearing: 888-684-8852; access code 746-1053. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (mma, ) (Entered: 01/17/2024)
2024-01-2415MOTION for extend time to Defendant's non-compliance pursuant to FRCP 12 failure to serve the Plaintiff by Plaintiff James Chelmowski. (Attachments: # 1 Proposed Order)(daj, ) (Entered: 01/24/2024)
2024-01-2416CERTIFICATE of Service by Kurt N. Lindland on behalf of Federal Communication Commission regarding MOTION by Defendant Federal Communication Commission to dismiss Defendant's Motion to Dismiss or Alternatively to Transfer Venue or Stay the Case 12 , other 13 (Lindland, Kurt) (Entered: 01/24/2024)
2024-01-2517MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion to extend time 15 is granted. The due date for plaintiff's response to defendant's motion to dismiss or transfer is extended to 2/14/2024. The deadline for defendant's reply is extended to 2/26/2024. Mailed notice. (mma, ) (Entered: 01/25/2024)
2024-01-2518MOTION by Plaintiff James Chelmowski for default judgment. (Attachments: # 1 Proposed Order) (daj, ) (Entered: 01/26/2024)
2024-01-2519DECLARATION of James Chelmowski in support of motion for entry of default. (daj, ) (Entered: 01/26/2024)
2024-01-2920MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for entry of default judgment 18 is denied. The defendant timely filed a motion to dismiss under Fed. R. Civ. P. 12(b). Under Fed. R. Civ. P. 12(a)(4) the filing of that motion excuses the defendant from filing an answer to the complaint until after the motion to dismiss is resolved. Mailed notice. (mma, ) (Entered: 01/29/2024)
2024-02-1421CERTIFICATE of Service by Kurt N. Lindland on behalf of Federal Communication Commission (Lindland, Kurt) (Entered: 02/14/2024)
2024-02-1522CONSENT MOTION by Plaintiff James Chelmowski for extension of time to respond to Defendant's motion for dismiss or alternatively to transfer venue of stay the case. (Proposed order) (daj, ) (Entered: 02/15/2024)
2024-02-2023MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's consent motion to extend time 22 is granted. Due date for response to motion to dismiss or transfer is extended to 2/26/2024. Due date for defendant's reply to the response is extended to 3/8/2024. Telephonic status hearing set for 2/29/2024 is vacated and reset to 3/19/2024 at 8:50 AM. The following call-in number will be used for the hearing: 888-684-8852; access code 746-1053. Mailed notice. (mma, ) (Entered: 02/20/2024)
2024-02-2624CONSENT MOTION by Plaintiff James Chelmowski for extend time to respond to Defendant's motion to dismiss or alternatively, to transfer venue or stay the case. (Proposed order included) (daj, ) (Entered: 02/26/2024)
2024-02-2725ORDER: Plaintiff's agreed motion for extension of time 24 is granted; response to motion to dismiss or transfer is to be filed by 3/1/2024. This is the final extension. If no response is filed by 3/1/2024, the Court will rule on the motion to dismiss or transfer without the benefit of plaintiff's views. Reply to response is to be filed by 3/18/2024. Signed by the Honorable Matthew F. Kennelly on 2/27/2024: Mailed notice (daj, ) (Entered: 02/27/2024)
2024-03-0126CONSENT MOTION by Plaintiff James Chelmowski for extend time to respond to defendant's motion for dismiss or alternatively, to transfer venue or stay the case 12 . (Attachment: Proposed Order) (rc, ) (Entered: 03/04/2024)
2024-03-0527MINUTE entry before the Honorable Matthew F. Kennelly: The Court gave plaintiff a final extension of time to 3/1/2024 to file a response to defendant's motion to dismiss or transfer. The plaintiff did not file his response on the date ordered but instead filed on 3/4/2024 a motion asking for a one-day extension (to 3/4/2024) to file his response. But plaintiff still did not file the response on that date. Plaintiff's motion 26 is denied as untimely. Mailed notice. (mma, ) (Entered: 03/05/2024)
2024-03-0528PLAINTIFF'S OPPOSITION to Defendant's Motion for Dismiss or Alternatively, to Transfer Venue or Stay the Case (Oral Hearing Requested) (Exhibits)(Received via pro se email on 03/05/2024). 12 (smb, ) (Entered: 03/05/2024)
2024-03-0629MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance plaintiff is granted leave to file instanter (on 3/5/2024) his response to defendant's motion to dismiss or transfer. Mailed notice. (mma, ) (Entered: 03/06/2024)
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