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Case TitleChelmowski v. United States Environment Protection Agency, The
DistrictNorthern District of Illinois
CityChicago
Case Number1:2023cv14725
Date Filed2023-10-11
Date ClosedOpen
JudgeHonorable Steven C. Seeger
PlaintiffJames Chelmowski
Case DescriptionJames Chelmowski submitted a FOIA request to the EPA for records concerning emails from Tim Crawford pertaining to the appeal of his FOIA request. 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

DefendantUnited States Environment Protection Agency, The "EPA"
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-10-111RECEIVED COMPLAINT by James Chelmowski (Exhibits) (Attachments) (jg, ) (Entered: 10/12/2023)
2023-10-112CIVIL Cover Sheet (jg, ) (Entered: 10/12/2023)
2023-10-11CASE ASSIGNED to the Honorable Steven C. Seeger and Honorable Steven C. Seeger. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. FEE DUE, NO INFORMA PAUPERIS APPLICATION SUBMITTED. Case assignment: Random assignment. (Civil Category 2). (jg, ) (Entered: 10/12/2023)
2023-10-114COMPLAINT filed by James Chelmowski (Exhibits) (Attachments) (jg, ) (Entered: 10/12/2023)
2023-10-115SUMMONS Issued as to United States Environment Protection Agency, The, U.S. Attorney, and U.S. Attorney General. (jg, ) (Entered: 10/12/2023)
2023-10-12CLERK'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. (jg, ) (Entered: 10/12/2023)
2023-10-236MINUTE entry before the Honorable Steven C. Seeger: An initial status report is due by January 5, 2024. Counsel must read the Standing Order entitled "Initial Status Conferences and Joint Initial Status Reports" on the Court's website. The parties must confer as required by Rule 26(f) about the nature, scope, and duration of discovery. The parties must submit two documents to the Court. First, the parties must file the Joint Initial Status Report under Rule 26(f) on the docket. A Word version of the Joint Initial Status Report is available on the Court's website. All parties must participate in the preparation and filing of the Joint Initial Status Report. The Court requires a joint report, so a filing by one side or the other is not sufficient. Second, the parties must email a Word version of a proposed Scheduling Order under Rule 16(b) to the Court's proposed order inbox. Lead counsel for the parties must participate in filing the initial status report. Plaintiff must serve this Order on all other parties. If the defendant has not been served with process, plaintiff's counsel must contact the Courtroom Deputy at jessica_j_ramos@ilnd.uscourts.gov to reschedule the initial status report deadline. Plaintiff should not file the Joint Initial Status Report before the defendant(s) has been served with process. The parties must discuss settlement in good faith and make a serious attempt to resolve this case amicably. All counsel of record must read and comply with this Court's Standing Orders on its webpage. Please pay special attention to the Standing Orders about Depositions and Discovery. Mailed notice. (jjr, ) (Entered: 10/23/2023)
2023-11-157DESIGNATION of Kurt N. Lindland as U.S. Attorney for Defendant United States Environment Protection Agency, The (Lindland, Kurt) (Entered: 11/15/2023)
2023-11-158MOTION by Defendant United States Environment Protection Agency, The for extension of time to file answer (Lindland, Kurt) (Entered: 11/15/2023)
2023-11-279MINUTE entry before the Honorable Steven C. Seeger: Defendant's motion for extension of time to answer or otherwise plead (Dckt. No. 8 ) is granted. Defendant shall respond by January 15, 2024. Mailed notice. (jjr, ) (Entered: 11/27/2023)
2023-12-2810ANNUAL 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)
2024-01-1611MOTION by Defendant United States Environment Protection Agency, The to dismiss Motion for Partial Dismissal & to Transfer Venue (Lindland, Kurt) (Entered: 01/16/2024)
2024-01-1612Memorandum in Support of Motion by United States Environment Protection Agency, The (Lindland, Kurt) (Entered: 01/16/2024)
2024-01-2313MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed the EPA's motion for partial dismissal and motion to transfer venue. (Dckt. No. 11 ) Plaintiff Chelmowski apparently has filed multiple FOIA and Privacy Act cases in the District of DC. Plaintiff must show cause why the case should not be transferred to DC. The response is due by February 12, 2024. Mailed notice. (jjr, ) (Entered: 01/23/2024)
2024-01-2414CERTIFICATE of Service by Kurt N. Lindland on behalf of United States Environment Protection Agency, The regarding MOTION by Defendant United States Environment Protection Agency, The to dismiss Motion for Partial Dismissal & to Transfer Venue 11 , other 12 (Lindland, Kurt) (Entered: 01/24/2024)
2024-01-2515DECLARATION of James Chelmowski in support of motion for entry of default. (Attachments: # 1 Proposed Order)(daj, ) (Entered: 01/26/2024)
2024-02-1416CERTIFICATE of Service by Kurt N. Lindland on behalf of United States Environment Protection Agency, The (Lindland, Kurt) (Entered: 02/14/2024)
2024-02-1517MOTION by Plaintiff James Chelmowski for extension of time. (jb, ) (Entered: 02/15/2024)
2024-02-2018MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for an extension of time (Dckt. No. 17 ) is hereby granted. The Court grants Plaintiff leave to file his response by February 26, 2024. The reply is due two weeks later. In the motion, Plaintiff complained that the government's counsel has not been serving him with copies of the filings. But the government did file a certificate of service on January 24, 2024 (Dckt. No. 14 ), which is eight days after the filing of the government's motion on January 16, 2024. Going forward, the government must serve Defendant on the same day as any court filing. Mailed notice (jjr, ) (Entered: 02/20/2024)
2024-02-2619CONSENT MOTION by Plaintiff James Chelmowski to extend time to respond to defendant's motion for partial dismissal and to transfer venue (Exhibits) (lm, ) (Entered: 02/26/2024)
2024-03-0120MOTION by Plaintiff James Chelmowski to extend time to respond to Defendant's motion for partial dismissal and to transfer venue; Proposed Order (jg, ) (Entered: 03/04/2024)
2024-03-0521PLAINTIFF'S OPPOSITION Defendant's Motion 11 for Partial Dismissal and to Transfer Venue (Oral Hearing Requested) (Received via pro se email on 03/05/2024). (smb, ) (Entered: 03/05/2024)
2024-03-0622MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's two motions for an extension of time (Dckt. Nos. 19 , 20 ) are hereby granted. The Court extends the deadline to March 5, 2024. Plaintiff later filed the response. (Dckt. No. 21 ) The reply is due by March 22, 2024. Mailed notice. (jjr, ) (Entered: 03/06/2024)
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