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Case TitleMoffat v. U.S. Department of Justice
DistrictDistrict of Massachusetts
CityBoston
Case Number1:2009cv12067
Date Filed2009-12-03
Date Closed2012-01-13
JudgeJudge Denise J. Casper
PlaintiffShane O. Moffat
DefendantU.S. Department of Justice
AppealFirst Circuit 11-2472
Documents
Docket
Complaint
Complaint attachment 3
Complaint attachment 4
Opinion/Order [29]
Opinion/Order [47]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2009-12-031COMPLAINT against U.S. Department of Justice. Filing fee: $ 350, receipt number 01010000000002690396, filed by Shane O. Moffat. (Lewis, David) (Additional attachment(s) added on 12/3/2009: # 3 Corrected Civil Cover Sheet, # 4 Corrected Category Form) (Abaid, Kimberly). Text Modified on 12/4/2009 (Cummings, Mary). (Entered: 12/03/2009)
2009-12-04ELECTRONIC NOTICE of Case Assignment. Chief Judge Mark L. Wolf assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Robert B. Collings (Cummings, Mary) (Entered: 12/04/2009)
2009-12-042Summons Issued as to U.S. Department of Justice. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Cummings, Mary) (Entered: 12/04/2009)
2009-12-04Notice of correction to docket made by Court staff. Correction: Civil Cover Sheet and Category Sheet filed by counsel have been deleted from Entry No. 1. Documents were not properly saved to PDF non-fillable format prior to filing. Documents replaced in non-fillable format. (Cummings, Mary) (Entered: 12/04/2009)
2009-12-183SUMMONS Returned Executed by Shane O. Moffat. U.S. Department of Justice served on 12/10/2009, answer due 2/8/2010. (Lewis, David) (Entered: 12/18/2009)
2010-02-034SUMMONS Returned Executed by Shane O. Moffat. U.S. Department of Justice served on 1/21/2010, answer due 3/22/2010. (Lewis, David) (Entered: 02/03/2010)
2010-02-035SUMMONS Returned Executed by Shane O. Moffat. U.S. Department of Justice served on 1/26/2010, answer due 3/29/2010. (Lewis, David) (Entered: 02/03/2010)
2010-04-026NOTICE of Appearance by Rachael S. Rollins on behalf of U.S. Department of Justice (Rollins, Rachael) (Entered: 04/02/2010)
2010-04-197MOTION Request to Submit Handwritten Affidavit/Amendment to Complaint, dated 4/14/10 by Shane O. Moffat. (Attachments: # 1 Exhibit Correspondence to Shane Moffatt from SBCC)(Boyce, Kathy) (Entered: 04/30/2010)
2010-06-158MOTION to Dismiss Plaintiff's Complaint by U.S. Department of Justice.(Rollins, Rachael) (Entered: 06/15/2010)
2010-06-159MEMORANDUM in Support re 8 MOTION to Dismiss Plaintiff's Complaint filed by U.S. Department of Justice. (Attachments: # 1 Exhibit 1A - 1I)(Rollins, Rachael) (Entered: 06/15/2010)
2010-06-16ELECTRONIC NOTICE issued requesting courtesy copy for 9 Memorandum in Support of Motion. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office by 6/22/2010. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (O'Leary, Dennis) (Entered: 06/16/2010)
2010-06-2910MOTION to Dismiss Plaintiff's Complaint by U.S. Department of Justice.(Rollins, Rachael) (Entered: 06/29/2010)
2010-06-2911MEMORANDUM in Support re 10 MOTION to Dismiss Plaintiff's Complaint filed by U.S. Department of Justice. (Attachments: # 1 Exhibit 1 A - E)(Rollins, Rachael) Docket Text Modified on 6/29/2010 to correct typographical error in description of Exhibits (Boyce, Kathy). (Entered: 06/29/2010)
2010-10-0712Assented to MOTION Filing of opposition in excess of 14 days by Shane O. Moffat.(Lewis, David) (Entered: 10/07/2010)
2010-10-0713MEMORANDUM in Opposition re 8 MOTION to Dismiss Plaintiff's Complaint , 10 MOTION to Dismiss Plaintiff's Complaint filed by Shane O. Moffat. (Attachments: # 1 Affidavit)(Lewis, David) (Entered: 10/07/2010)
2010-10-08Chief Judge Mark L. Wolf: ELECTRONIC ORDER entered granting 12 Motion to file late (O'Leary, Dennis) (Entered: 10/08/2010)
2010-11-0514Assented to MOTION for Leave to File Responsive Pleadings on November 5, 2010 by U.S. Department of Justice.(Rollins, Rachael) (Entered: 11/05/2010)
2010-11-0515REPLY to Response to 10 MOTION to Dismiss Plaintiff's Complaint (ATFE's Reply to Plaintiff's Opposition) filed by U.S. Department of Justice. (Attachments: # 1 Exhibit A)(Rollins, Rachael) (Entered: 11/05/2010)
2010-11-0516REPLY to Response to 8 MOTION to Dismiss Plaintiff's Complaint (DEA's Reply to Plaintiff's Opposition) filed by U.S. Department of Justice. (Attachments: # 1 Exhibit A)(Rollins, Rachael) (Entered: 11/05/2010)
2010-11-0517MOTION for Summary Judgment for the FBI by U.S. Department of Justice.(Rollins, Rachael) (Entered: 11/05/2010)
2010-11-0518MEMORANDUM in Support re 17 MOTION for Summary Judgment for the FBI filed by U.S. Department of Justice. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Exhibit)(Rollins, Rachael) (Entered: 11/05/2010)
2010-11-08Chief Judge Mark L. Wolf: ELECTRONIC ORDER entered granting 14 Motion for Leave to File Responsive Pleadings on November 5, 2010 by U.S. Department of Justice. (O'Leary, Dennis) (Entered: 11/08/2010)
2010-11-1519Letter to Clerk of Courts from Shane O. Moffat requesting a copy of the docket sheet, FILED. (Boyce, Kathy) (Entered: 11/17/2010)
2010-11-17DOCKET SHEET sent to Shane Moffat (Boyce, Kathy) (Entered: 11/17/2010)
2010-12-1420Assented to MOTION for Leave to File Responsive Pleadings on or before December 17, 2010 by Shane O. Moffat.(Lewis, David) (Entered: 12/14/2010)
2010-12-14Chief Judge Mark L. Wolf: ELECTRONIC ORDER entered granting 20 Motion for Leave to File Document. Plaintiff shall file his opposition to the motion for summary judgment (docket no. 17) on or before December 17, 2010. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (O'Leary, Dennis) (Entered: 12/14/2010)
2010-12-1721Opposition re 8 MOTION to Dismiss Plaintiff's Complaint , 17 MOTION for Summary Judgment for the FBI , 10 MOTION to Dismiss Plaintiff's Complaint (Leave to file granted 12-14-10) filed by Shane O. Moffat. (Lewis, David) (Entered: 12/17/2010)
2011-01-2122NOTICE of Reassignment. District Judge Denise J. Casper added. Chief Judge Mark L. Wolf no longer assigned to case. (Hourihan, Lisa) (Entered: 01/21/2011)
2011-02-09ELECTRONIC NOTICE Setting Hearing on Motion 10 MOTION to Dismiss Plaintiff's Complaint , 7 MOTION Request to Submit Handwritten Affidavit/Amendment to Complaint, dated 4/14/10 by Shane O. Moffat, 8 MOTION to Dismiss Plaintiff's Complaint , 17 MOTION for Summary Judgment for the FBI : Motion Hearing set for 3/29/2011 02:30 PM in Courtroom 11 before District Judge Denise J. Casper. (Hourihan, Lisa) (Entered: 02/09/2011)
2011-03-10ELECTRONIC NOTICE issued requesting courtesy copy for 16 Reply to Response to Motion, 15 Reply to Response to Motion, 13 Memorandum in Opposition to Motion, 18 Memorandum in Support of Motion, 21 Opposition to Motion, 11 Memorandum in Support of Motion, 17 MOTION for Summary Judgment for the FBI , 10 MOTION to Dismiss Plaintiff's Complaint . Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office by 3/15/11. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Hourihan, Lisa) (Entered: 03/10/2011)
2011-03-1623Writ of Habeas Corpus ad Testificandum Issued as to Shane O. Moffatt for 3/29/11. (Hourihan, Lisa) (Entered: 03/16/2011)
2011-03-29ELECTRONIC NOTICE Resetting Hearing on Motion 10 MOTION to Dismiss Plaintiff's Complaint , 8 MOTION to Dismiss Plaintiff's Complaint , 17 MOTION for Summary Judgment for the FBI : Motion Hearing set for 3/29/2011 03:00 PM in Courtroom 11 before Judge Denise J. Casper. (NOTE TIME CHANGE ONLY)(Hourihan, Lisa) (Entered: 03/29/2011)
2011-03-29ELECTRONIC Clerk's Notes for proceedings held before Judge Denise J. Casper: Motion Hearing held on 3/29/2011 re 8 MOTION to Dismiss Plaintiff's Complaint filed by U.S. Department of Justice, 17 MOTION for Summary Judgment for the FBI filed by U.S. Department of Justice, 10 MOTION to Dismiss Plaintiff's Complaint filed by U.S. Department of Justice. Arguments. Court takes under advisement 7 Motion Request to Submit Handwritten Affidavit/Amendment to Complaint; takes under advisement 8 Motion to Dismiss; takes under advisement 10 Motion to Dismiss; takes under advisement 17 Motion for Summary Judgment; (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: David A.F. Lewis for the plaintiff. Rachel Rollins for the defendant.) (Hourihan, Lisa) (Entered: 03/29/2011)
2011-03-3024AFFIDAVIT of Shane Moffat in Support re 20 Assented to MOTION for Leave to File Responsive Pleadings on or before December 17, 2010 and re 21 Plaintiffs Reply filed by Shane O. Moffat. (Lewis, David) (Entered: 03/30/2011)
2011-04-0725DECLARATION re 18 Memorandum in Support of Motion (Federal Bureau of Investigation's Supplemental Declaration) by U.S. Department of Justice. (Rollins, Rachael) (Entered: 04/07/2011)
2011-04-1526MOTION for Leave to File Plaintiffs Response to Second Declaration of David M. Hardy by Shane O. Moffat. (Attachments: # 1 Text of Proposed Order)(Lewis, David) (Entered: 04/15/2011)
2011-04-19Judge Denise J. Casper: ELECTRONIC ORDER entered granting 26 Motion for Leave to File Plaintiff's Response to Second Declaration of David M. Hardy; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Gaudet, Jennifer) (Entered: 04/19/2011)
2011-04-1927Response by Shane O. Moffat to 25 Declaration of David M. Hardy (Leave to file granted 04-19-11) . (Attachments: # 1 Exhibit)(Lewis, David) (Entered: 04/19/2011)
2011-05-1628Judge Denise J. Casper: ORDER entered. Standing Order Re: Courtroom Opportunities for Relatively Inexperienced Attorneys(Gaudet, Jennifer) (Entered: 05/16/2011)
2011-08-0529Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER. "...Based on the foregoing, the defendants motions for summary judgment are GRANTED." (Gaudet, Jennifer) (Entered: 08/08/2011)
2011-08-05Judge Denise J. Casper: ELECTRONIC ORDER entered. "Accordingly, the Court will give Moffatt leave to file a memorandum, no more than ten (10) pages long, addressing these two, limited issues. Moffatt must file any such memorandum by August 19, 2011. If Moffat does so, the Court will give the FBI until September 2, 2011 to file a responsive filing that is no more than ten (10) pages." (Gaudet, Jennifer) (Entered: 08/08/2011)
2011-08-05Judge Denise J. Casper: ELECTRONIC ORDER entered denying as moot 7 Motion to Submit Handwritten Affidavit/Amendment to Complaint. (Gaudet, Jennifer) (Entered: 08/08/2011)
2011-08-05Judge Denise J. Casper: ELECTRONIC ORDER entered granting 8 Motion to Dismiss; granting 10 Motion to Dismiss; granting 17 Motion for Summary Judgment. See Memorandum and Order entered this date. (Gaudet, Jennifer) (Entered: 08/08/2011)
2011-08-1930MOTION for Attorney Fees by Shane O. Moffat.(Lewis, David) (Entered: 08/19/2011)
2011-08-2331Letter/request (non-motion) from Shane O. Moffat requesting copy of Memorandum and Order dated 8/5/2011. (Gaudet, Jennifer) (Entered: 08/24/2011)
2011-08-3032MOTION to Alter Judgment by Shane O. Moffat.(Lewis, David) (Entered: 08/30/2011)
2011-09-0233Opposition re 30 MOTION for Attorney Fees filed by U.S. Department of Justice. (Rollins, Rachael) (Entered: 09/02/2011)
2011-09-0934Opposition re 32 MOTION to Alter Judgment filed by U.S. Department of Justice. (Rollins, Rachael) (Entered: 09/09/2011)
2011-09-1235Letter/request (non-motion) to clerk from Plaintiff informing the court that he is trying to obtain new counsel. (Gaudet, Jennifer) (Entered: 09/13/2011)
2011-09-1636NOTICE of Appearance by Mark J. Grady on behalf of U.S. Department of Justice (Grady, Mark) (Entered: 09/16/2011)
2011-09-1637NOTICE of Withdrawal of Appearance by Rachael Rollins (Grady, Mark) Modified on 9/16/2011 (Gaudet, Jennifer). (Entered: 09/16/2011)
2011-10-11Judge Denise J. Casper: ELECTRONIC ORDER entered denying 32 Motion to Alter Judgment. After careful consideration of Plaintiff's motion to alter or amend the Court's August 5, 2011 order and the Defendant's opposition to same, the Court DENIES the motion. (Hourihan, Lisa) (Entered: 10/11/2011)
2011-10-11ELECTRONIC NOTICE Setting Hearing on Motion 30 MOTION for Attorney Fees :The Court hereby orders a hearing on Plaintiff's Claim for Attorney's Fees for 10/25/2011 02:00 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) (Entered: 10/11/2011)
2011-10-2438Writ of Habeas Corpus ad Testificandum Issued as to Shane Moffat for 10/25/11. (Hourihan, Lisa) (Entered: 10/25/2011)
2011-10-25ELECTRONIC Clerk's Notes for proceedings held before Judge Denise J. Casper: Motion Hearing held on 10/25/2011 re 30 MOTION for Attorney Fees filed by Shane O. Moffat. Court inquires of Mr. Moffat if he wants to proceed with present counsel. Mr. Moffat to proceed with present counsel Arguments. Court takes under advisement 30 Motion for Attorney Fees; Counsel for the plaintiff ti file an affidavit in support of motion for attorney fees by 11/8/11. Government to respond by 11/22/11. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: David Lewis for the plaintiff. Mark Grady for the defendant. Mr. Moffat habed in for the hearing.) (Hourihan, Lisa) (Entered: 10/25/2011)
2011-11-0839Supplemental Memorandum of David A.F. Lewis in Support re 30 MOTION for Attorney Fees filed by Shane O. Moffat. (Lewis, David) Modified on 11/9/2011 to correct docket text (Gaudet, Jennifer). (Entered: 11/08/2011)
2011-11-2240Response by U.S. Department of Justice to 39 Affidavit in Support of Motion. (Grady, Mark) (Entered: 11/22/2011)
2011-12-0941MOTION for Leave to Proceed in forma pauperis and to file notice of appeal and to waive filing fee by Shane O. Moffat.(Lewis, David) (Entered: 12/09/2011)
2011-12-0942NOTICE OF APPEAL as to 29 Memorandum & ORDER by Shane O. Moffat Fee Status: IFP requested. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf . Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/efiling.htm . US District Court Clerk to deliver official record to Court of Appeals by 12/29/2011. (Lewis, David) (Entered: 12/09/2011)
2011-12-1443Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re 42 Notice of Appeal, (Ramos, Jeanette) (Entered: 12/14/2011)
2011-12-14USCA Case Number 11-2472 for 42 Notice of Appeal, filed by Shane O. Moffat. (Ramos, Jeanette) (Entered: 12/14/2011)
2011-12-1444Supplemental Record on Appeal transmitted to US Court of Appeals re 42 Notice of Appeal, Sealed Document included: 11-1 (Ramos, Jeanette) (Entered: 12/14/2011)
2012-01-0545AFFIDAVIT in Support re 41 MOTION for Leave to Proceed in forma pauperis and to file notice of appeal and to waive filing fee . (Hourihan, Lisa) (Entered: 01/10/2012)
2012-01-1247Judge Denise J. Casper: Memorandum and Order entered granting 30 Motion for Attorney Fees (Hourihan, Lisa) (Entered: 01/13/2012)
2012-01-1346Judge Denise J. Casper: ORDER entered. JUDGMENT (Hourihan, Lisa) (Entered: 01/13/2012)
2012-01-13Civil Case Terminated. (Hourihan, Lisa) (Entered: 01/13/2012)
2012-01-13Judge Denise J. Casper: ELECTRONIC ORDER entered granting 41 Motion for Leave to Proceed in forma pauperis (Hourihan, Lisa) (Entered: 01/13/2012)
2012-01-1348Supplemental Record on Appeal transmitted to US Court of Appeals re 42 Notice of Appeal, Documents included: Electronic Order dated 1/13/2012 (Ramos, Jeanette) (Entered: 01/13/2012)
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by FOIA Project Staff
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