Skip to content

Case Detail

[Subscribe to updates]
Case TitleLINDER v. EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv02039
Date Filed2016-10-12
Date Closed2018-09-20
JudgeJudge Trevor N. McFadden
PlaintiffDAVID W. LINDER
DefendantEXECUTIVE OFFICE OF UNITED STATES ATTORNEYS
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [31]
Opinion/Order [34]
FOIA Project Annotation: Judge Trevor McFadden has ruled that the Executive Office for U.S. Attorneys properly responded to prisoner David Linder's request for exhibits used during his criminal trial by providing him 502 pages after he indicated that he would accept the 100 free pages to which he was entitled. McFadden noted that "Mr. Linder's reply [to the agency's fee letter] thus not only 'limited the number of pages he would receive from EOUSA pursuant to this FOIA request,' but ended EOUSA's obligation to continue searching for response records. So EOUSA's full release of the pages Mr. Linder opted to receive by statutory right ends this matter. For 'once all the [requisite] documents are released to the requesting party, there no longer is any case or controversy.'"
Issues: Litigation - Jurisdiction - Failure to State a Claim
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-10-121COMPLAINT against EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS filed by DAVID W. LINDER. (Attachments: # 1 Civil Cover Sheet)(td) (Entered: 10/13/2016)
2016-10-122MOTION for Leave to Proceed in forma pauperis by DAVID W. LINDER (td) (Entered: 10/13/2016)
2016-10-123PRISONER ACCOUNT STATEMENT by DAVID W. LINDER (td) (Entered: 10/13/2016)
2016-10-124ORDER directing an initial partial filing fee in the amount of $1.20 from Prison Account of DAVID W. LINDER and granting MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Signed by Judge Tanya S. Chutkan on 10/3/16. (td) (Entered: 10/13/2016)
2016-10-175ORDER: The Court ORDERS that by November 7, 2016, Plaintiff shall file an Amended Complaint. Signed by Judge James E. Boasberg on 10/17/16. (lcjeb2) (Entered: 10/17/2016)
2016-10-18Set/Reset Deadlines: Plaintiff's Amended Complaint due by 11/7/2016. (tg) (Entered: 10/18/2016)
2016-11-106Mail Returned as undeliverable; Sent to DAVID W. LINDER; Type of Document Returned: A copy of the 5 Order; No forwarding address. (ad) (Entered: 11/10/2016)
2016-11-18MINUTE ORDER: The Court ORDERS that the Clerk of Court shall send this Minute Order and the Court's October 17, 2016, Order to Plaintiff at his prison address with his prisoner registration number, which is listed on the face of his Complaint. Plaintiff shall have until December 16, 2016, to follow the Court's prior Order regarding an Amended Complaint. Signed by Judge James E. Boasberg on 11/18/16. (lcjeb2) (Entered: 11/18/2016)
2016-11-21Set/Reset Deadline: The Plaintiff shall have until 12/16/2016, to follow the Court's prior Order regarding an Amended Complaint. (ad) (Entered: 11/21/2016)
2016-11-22Partial Filing Fee Received from DAVID W. LINDER in the amount of $1.20, receipt number: 4616081763. (zrdj) (Entered: 11/22/2016)
2016-12-057MOTION for Order Directing EOUSA to Release the Prepaid for Evidence, used in a Federal Trial, and that this case remain open til satisfaction is accepted by DAVID W. LINDER (td) (Entered: 12/06/2016)
2017-01-05MINUTE ORDER: The Court liberally construes Plaintiff's 7 pleading as an effort to supplement his Complaint. Although Plaintiff has not truly followed the Court's prior Order to amend his Complaint so as to specify what specific FOIA request he is making and what particular government action he is challenging, the Court believes that, giving him wide latitude as a pro se party, it should not dismiss the action sua sponte . The Court, accordingly, ORDERS that the Clerk shall direct the U.S. Marshal Service to effectuate service of the Complaint on Defendant, who shall be required to file a responsive pleading within the statutory timeframe. Signed by Judge James E. Boasberg on 1/5/2017. (lcjeb1) (Entered: 01/05/2017)
2017-02-278SUMMONS (2) Issued as to U.S. Attorney and U.S. Attorney General (zsb) (Entered: 02/27/2017)
2017-03-289RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/23/17. (td) (Entered: 03/29/2017)
2017-04-1910RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/13/17. Answer due for ALL FEDERAL DEFENDANTS by 5/13/2017. (td) (Entered: 04/21/2017)
2017-05-1511ANSWER to 1 Complaint by EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS.(Johnson, Wyneva) (Entered: 05/15/2017)
2017-05-15MINUTE ORDER: The Court ORDERS that by June 5, 2017, each side shall file a proposed briefing schedule. Signed by Judge James E. Boasberg on 5/15/17. (lcjeb2) (Entered: 05/15/2017)
2017-05-15Set/Reset Deadlines: Proposed Briefing Schedule due by 6/5/2017. (nbn) (Entered: 05/16/2017)
2017-06-0512PROPOSED BRIEFING SCHEDULE by EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS. (Johnson, Wyneva) (Entered: 06/05/2017)
2017-06-0513NOTICE (Traverse) by DAVID W. LINDER (td) (Entered: 06/07/2017)
2017-06-06MINUTE ORDER: The Court ORDERS that Defendant shall file any dispositive motion or before August 5, 2016, Plaintiff shall file his opposition on or before September 5, 2017, and Defendant shall file its reply on or before September 30, 2017. Signed by Judge James E. Boasberg on 6/6/17. (lcjeb2) (Entered: 06/06/2017)
2017-06-06Set/Reset Deadlines: Dispositive Motions due by 8/5/2017. Response to Dispositive Motions due by 9/5/2017. Reply to Dispositive Motions due by 9/30/2017. (nbn) (Entered: 06/06/2017)
2017-08-0714MOTION for Extension of Time to File Response/Reply by EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS (Attachments: # 1 Declaration Tricia Francis in support of MTE, # 2 Exhibit Exhibit A, # 3 Text of Proposed Order)(Johnson, Wyneva) (Entered: 08/07/2017)
2017-08-08MINUTE ORDER GRANTING Defendant's 14 Motion for Extension of Time to File. The Court ORDERS that Defendant shall file any dispositive motion or before October 6, 2017. Signed by Judge James E. Boasberg on 8/8/17. (lcjeb2) (Entered: 08/08/2017)
2017-08-08Set/Reset Deadlines: Dispositive Motions due by 10/6/2017. (nbn) (Entered: 08/10/2017)
2017-09-2915MOTION for Extension of Time to Respond to Plaintiff's Complaint by EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 09/29/2017)
2017-10-02MINUTE ORDER GRANTING 15 Motion for Extension of Time to File. The Court ORDERS that Defendant shall respond to Plaintiff's Complaint on or before November 6, 2017. So ORDERED by Judge James E. Boasberg on 10/2/2017. (lcjeb2) (Entered: 10/02/2017)
2017-10-02Set/Reset Deadlines: Responses due by 11/6/2017. (nbn) (Entered: 10/03/2017)
2017-11-02Case directly reassigned to Judge Trevor N. McFadden. Judge James E. Boasberg is no longer assigned to the case. (ztnr) (Entered: 11/02/2017)
2017-11-0316MOTION for Extension of Time to Respond to Plaintiff's Complaint by EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 11/03/2017)
2017-11-0317MOTION for Summary Judgment by DAVID W. LINDER (td) (Entered: 11/07/2017)
2017-11-06MINUTE ORDER granting 16 Motion for Extension of Time to November 17, 2017. Signed by Judge Trevor N. McFadden on 11/6/2017. (lctnm1, ) Modified on 11/6/2017 (ztnr). (Entered: 11/06/2017)
2017-11-06Set/Reset Deadlines: Defendant's response due by 11/17/2017. (hmc) (Entered: 11/06/2017)
2017-11-1418MOTION for Extension of Time to File the opposition to Plaintiff's Motion for Summary Judgment on the Pleadings by EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 11/14/2017)
2017-11-1719MOTION for Extension of Time to Respond to Plaintiff's Complaint by EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 11/17/2017)
2017-11-20MINUTE ORDER granting Defendant's 19 Motion for Extension of Time to Answer or Otherwise Respond to Plaintiff's Amended Complaint. Defendant shall now respond on November 20, 2017. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/20/2017. (lctnm3) (Entered: 11/20/2017)
2017-11-20Set/Reset Deadlines: Defendant's answer due by 11/20/2017. (hmc) (Entered: 11/20/2017)
2017-11-2020MOTION for Extension of Time to File Answer re 1 Complaint by EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS (Johnson, Wyneva) (Entered: 11/20/2017)
2017-11-21MINUTE ORDER granting Defendant's 20 Motion for Extension of Time to Answer. Defendant shall now respond on November 21, 2017. The Court advises Defendant that further requests for an extension of time for this response will be disfavored. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/21/2017. (lctnm3) (Entered: 11/21/2017)
2017-11-21Set/Reset Deadlines: Defendant's answer due by 11/21/2017. (hmc) (Entered: 11/21/2017)
2017-11-2121MOTION for Summary Judgment (Partial) by EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS (Attachments: # 1 Text of Proposed Order, # 2 Declaration Tricia Francis, # 3 Exhibit 1 Francis Decl., # 4 Exhibit 2 Francis Decl., # 5 Exhibit 3 Francis Decl., # 6 Exhibit 4 Francis Decl., # 7 Declaration Root Decl., # 8 Declaration Jones Decl.)(Johnson, Wyneva) (Entered: 11/21/2017)
2017-11-21MINUTE ORDER granting Defendant's 18 Motion for Extension of Time to file the Opposition to Plaintiff's Motion for Summary Judgment. Defendant shall now respond on or before December 14, 2017. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/21/2017. (lctnm3) (Entered: 11/21/2017)
2017-11-22Set/Reset Deadlines: Defendant's opposition to Plaintiff's Motion for Summary Judgment due by 12/14/2017. (hmc) (Entered: 11/22/2017)
2017-11-2722ORDER advising Plaintiff to respond or the Court may deem Defendant's 21 Motion for Summary Judgment conceded. Plaintiff's response is due by January 11, 2018. Signed by Judge Trevor N. McFadden on 11/27/2017. (lctnm3) (Entered: 11/27/2017)
2017-11-28Set/Reset Deadlines: Plaintiff's opposition to Defendant's Motion for Summary Judgment due by 1/11/2018. (hmc) (Entered: 11/28/2017)
2017-11-3023Mail Returned as Undeliverable. Sent to David W. Linder; Type of Document Returned: Copy of Minute Order entered on 11/6/2017; Resent at New Address: Reg No: 25913-048, Pekin Federal Correctional Institution, Inmate Mail/Parcels, P.O. Box 5000, Pekin, IL 61555. (hmc) (Entered: 11/30/2017)
2017-12-1324Mail Returned as Undeliverable. Sent to David W. Linder; Type of Document Returned: Copies of Minute Orders entered on 11/21/2017 and Order entered on 11/27/2017; Resent at New Address on 11/30/2017: Pekin Federal Correctional Institution, Inmate Mail/Parcels, PO Box 5000, Pekin, IL 61555, including his Reg No: 25913-048. (hmc) (Entered: 12/13/2017)
2017-12-1425MOTION for Extension of Time to Respond to Plaintiff's Motion for Summary Judgment by EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 12/14/2017)
2017-12-15MINUTE ORDER granting Defendant's 25 Motion for Extension of Time. Defendant's opposition shall now be due on or before December 21, 2017 and Plaintiff's reply due on or before January 21, 2018. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/15/2017. (lctnm3) (Entered: 12/15/2017)
2017-12-1526STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 12/15/2017. (lctnm3) (Entered: 12/15/2017)
2017-12-15Set/Reset Deadlines: Defendant's opposition to Plaintiff's Motion for Summary Judgment due by 12/21/2017. Plaintiff's reply in support of its Motion for Summary Judgment due by 1/21/2018. (hmc) (Entered: 12/15/2017)
2017-12-2127Memorandum in opposition to re 17 MOTION for Summary Judgment filed by EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS. (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 12/21/2017)
2017-12-2628Memorandum in opposition to re 21 Motion for Partial Summary Judgment by DAVID W. LINDER (td) Modified on 2/2/2018 pursuant Minute Order filed 2/1/2018. (znmw). (Entered: 12/28/2017)
2017-12-2629Memorandum in opposition (Affidavit) to re 21 Motion for Partial Summary Judgment by DAVID W. LINDER. (td) Modified on 2/2/2018 pursuant to Minute Order filed 2/1/2018. (znmw). (Entered: 12/28/2017)
2018-01-2530REPLY to opposition to motion re 17 MOTION for Summary Judgment filed by DAVID W. LINDER. (td) (Entered: 01/30/2018)
2018-02-01MINUTE ORDER. The Court construes Plaintiff's 28 Notice and 29 Affidavit as an opposition to Defendant's 21 Motion for Partial Summary Judgment. Any reply by the Defendant shall be due before or on February 8, 2018. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/1/2018. (lctnm3) (Entered: 02/01/2018)
2018-02-01Set/Reset Deadlines: Defendant's reply in support of its Motion for Summary Judgment due by 2/8/2018. (hmc) (Entered: 02/01/2018)
2018-06-1131MEMORANDUM OPINION AND ORDER. Defendant's 21 Motion for Summary Judgment is HELD IN ABEYANCE and Plaintiff's 17 Motion for Summary Judgment is DENIED as moot. See Order for additional details. Signed by Judge Trevor N. McFadden on 6/11/2018. (lctnm3) (Entered: 06/11/2018)
2018-06-11Set/Reset Deadlines: EOUSA's supplemental declaration due by 7/6/2018. Plaintiff's response due by 8/10/2018. (hmc) (Entered: 06/11/2018)
2018-07-0332MOTION for Extension of Time to Submit Supplemental Declaration by EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 07/03/2018)
2018-07-03MINUTE ORDER granting Defendant's 32 Motion for Extension of Time. Defendant's response to the Court's Order dated June 11, 2018 shall now be filed before or on August 6, 2018. The Court advises Defendant that further requests for an extension of time for this response will be disfavored. Plaintiff shall respond to Defendant's filing by September 10, 2018. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/3/2018. (lctnm3) (Entered: 07/03/2018)
2018-07-05Set/Reset Deadlines: Defendant's response to Court's Order due by 8/6/2018. Plaintiff's response to Defendant's filing due by 9/10/2018. (hmc) (Entered: 07/05/2018)
2018-08-0633RESPONSE TO ORDER OF THE COURT re 31 Order on Motion for Summary Judgment,,, filed by EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS. (Attachments: # 1 Declaration (2nd) of Tricia Francis, # 2 Declaration (Supp.) of Cheryl Root, # 3 Text of Proposed Order)(Johnson, Wyneva) (Entered: 08/06/2018)
2018-09-1934MEMORANDUM OPINION re Defendant's 21 Motion for Summary Judgment. Signed by Judge Trevor N. McFadden on 9/19/2018. (lctnm3) (Entered: 09/19/2018)
2018-09-1935ORDER: For the reasons stated in the accompanying 34 Memorandum Opinion, and in the 31 Memorandum Opinion and Order, Defendant's 21 Motion for Summary Judgment is GRANTED. Judgment is entered for the Defendant. The Clerk of the Court is directed to close the case. This is a final appealable order. See attached order for details. Signed by Judge Trevor N. McFadden on 9/19/2018. (lctnm3) (Entered: 09/19/2018)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar