| Date Filed | Doc # | Docket Text |
|
| 2019-05-13 | | Initiating Pleading & IFP Application Received on 05/13/2019. A copy of the docket sheet has been mailed to the address of record for the pro se party. (zsb) (Entered: 05/21/2019) |
| 2019-05-13 | 1 | COMPLAINT against U.S. DEPARTMENT OF JUSTICE filed by FULVIO FLETE-GARCIA. (Attachment: # 1 Exhibit)(zsb) (Entered: 05/22/2019) |
| 2019-05-13 | 2 | MOTION for Leave to Proceed in forma pauperis by FULVIO FLETE-GARCIA (zsb) (Entered: 05/22/2019) |
| 2019-05-13 | 3 | PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by FULVIO FLETE-GARCIA (zsb) (Entered: 05/22/2019) |
| 2019-06-10 | 4 | ORDER directing an initial partial filing fee in the amount of $50.83 from Prison Account of FULVIO FLETE-GARCIA and granting 2 MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Pro Se party has been notified by first class mail. Signed by Judge James E. Boasberg on 06/07/2019. (zeg) (Entered: 06/11/2019) |
| 2019-06-12 | | ENTERED IN ERROR.....Case Reassigned to Judge Royce C. Lamberth. Unassigned is no longer assigned to the case. (zeg) Modified on 6/12/2019 (zeg). (Entered: 06/12/2019) |
| 2019-06-12 | | NOTICE OF CORRECTED DOCKET ENTRY: re Case Assigned/Reassigned was entered in error. Case should be assigned to Judge Moss as related to 18-cv-2442-RDM. (zeg) (Entered: 06/12/2019) |
| 2019-06-12 | | Case Reassigned to Judge Randolph D. Moss. Judge Royce C. Lamberth is no longer assigned to the case. (zeg) (Entered: 06/12/2019) |
| 2019-06-12 | 5 | SUMMONS(3) Issued as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (zeg) (Entered: 06/12/2019) |
| 2019-07-09 | 6 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/1/2019. Answer due for ALL FEDERAL DEFENDANTS by 7/31/2019. (ztd) (Entered: 07/12/2019) |
| 2019-07-26 | 9 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/2/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 8/1/2019.) RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/2/2019. (tth); Modified Date Filed on 8/1/2019 (tth). (Entered: 08/01/2019) |
| 2019-07-31 | 7 | ENTERED IN ERROR.....NOTICE of Appearance by Benton Gregory Peterson on behalf of All Defendants (Peterson, Benton) Modified on 8/1/2019 (znmw). (Entered: 07/31/2019) |
| 2019-07-31 | 8 | MOTION to Dismiss by U.S. DEPARTMENT OF JUSTICE (Peterson, Benton) (Entered: 07/31/2019) |
| 2019-08-01 | | NOTICE OF ERROR re 7 Notice of Appearance; emailed to benton.peterson@usdoj.gov, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect document/case, 2. Please refile document, 3. ENTERED IN ERROR; Incorrect document attached; Please refile. (znmw, ) (Entered: 08/01/2019) |
| 2019-08-04 | 10 | FOX/NEAL ORDER: Plaintiff is hereby ORDERED to respond to Defendant's Motion to Dismiss, Dkt. 8 , on or before September 13, 2019. See document for details. Signed by Judge Randolph D. Moss on 8/4/2019. (lcrdm1, ) (Entered: 08/04/2019) |
| 2019-08-05 | | Set/Reset Deadlines: Plaintiff's Response due by 9/13/2019. (kt) (Entered: 08/05/2019) |
| 2019-08-23 | 11 | MOTION for Order by FULVIO FLETE-GARCIA (ztd); ("Leave to file Granted" signed 8/23/19 by Judge Randolph D. Moss) (Entered: 08/26/2019) |
| 2019-08-27 | 12 | STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in this Court's Standing Order. See document for details. Signed by Judge Randolph D. Moss on 8/27/19. (lcrdm1, ) (Entered: 08/27/2019) |
| 2019-08-27 | | MINUTE ORDER: Upon consideration of Plaintiff's motion to order Defendant to comply with the Federal Rules of Civil Procedure and Serve a Copy of Defendant's Motion to Dismiss on Plaintiff, Dkt. 11 , the motion is hereby GRANTED. A "written motion, except one that may be heard ex parte," "must be served on every party." Fed. R. Civ. P. 5(A)(1)(D). Pursuant to this Court's Standing Order, "[p]arties represented by counsel must serve documents upon pro se parties in paper form." Furthermore, the Local Rules require that "[a] separate certificate of service or other proof of service showing that a paper copy was served on a party is required when the party does not receive electronic notification of filings." LCrR 49(d)(2). Finally, "[w]hen a paper that is required to be served is served by other means" than the court's electronic-filing system, "if the paper is filed, a certificate of service must be filed with it or within a reasonable time after service." Fed. R. Civ. P. 5(d)(1)(B). Defendant's motion to dismiss, Dkt. 8 , does not include proof of service. The Court hereby ORDERS Defendant to serve the motion to dismiss upon Plaintiff in paper form and to file a certificate of service as required by the Federal Rules, Local Rules, and this Court's Standing Order, on or before August 30, 2019. In light of the above, the Court hereby extends Plaintiff's time to respond to Defendant's motion to dismiss until October 14, 2019. Signed by Judge Randolph D. Moss on 8/27/19. (lcrdm1, ) (Entered: 08/27/2019) |
| 2019-08-27 | | Set/Reset Deadlines: Defendant to serve the motion to dismiss upon Plaintiff in paper form and to file a certificate of service by 8/30/2019. Plaintiff's time to respond to Defendant's motion to dismiss due 10/14/2019. (dot) (Entered: 08/27/2019) |
| 2019-08-29 | 13 | NOTICE of Filing of Certificate of Service by U.S. DEPARTMENT OF JUSTICE re 8 MOTION to Dismiss (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Certificate of Service)(Peterson, Benton) (Entered: 08/29/2019) |
| 2019-09-05 | 14 | MOTION to Amend/Correct 1 Complaint (Petition for Preliminary Injunction) by FULVIO FLETE-GARCIA (Attachments: # 1 Exhibit Petition for Preliminary Injunction)(ztd) (Entered: 09/09/2019) |
| 2019-09-05 | 15 | MOTION for Extension of Time by FULVIO FLETE-GARCIA (ztd) (Entered: 09/09/2019) |
| 2019-09-12 | | MINUTE ORDER: Upon consideration of Plaintiff's Motion to Amend/Correct Complaint (Petition for Preliminary Injunction), Dkt. 14 , the Motion is hereby GRANTED. The corrected Petition for Preliminary Injunction is hereby DEEMED FILED. The Court hereby ORDERS Defendant to indicate on or before September 18, 2019 whether it intends to alter its Motion to Dismiss, Dkt. 8 , based on the Court's grant of Plaintiff's Motion to Amend/Correct. Signed by Judge Randolph D. Moss on 9/12/19. (lcrdm1, ) (Entered: 09/12/2019) |
| 2019-09-12 | | Set/Reset Deadlines: Defendant's notice to the Court due by 9/18/2019. (kt) (Entered: 09/12/2019) |
| 2019-09-12 | 16 | AMENDED COMPLAINT against U.S. DEPARTMENT OF JUSTICE filed by FULVIO FLETE-GARCIA.(ztd) (Entered: 09/16/2019) |
| 2019-09-16 | 18 | MOTION to Take Judicial Notice by FULVIO FLETE-GARCIA (ztd) (Entered: 09/20/2019) |
| 2019-09-18 | 17 | NOTICE to the Court by U.S. DEPARTMENT OF JUSTICE re Order on Motion to Amend/Correct,, (Attachments: # 1 Certificate of Service)(Peterson, Benton) (Entered: 09/18/2019) |
| 2019-09-18 | | MINUTE ORDER: Upon consideration of Plaintiff's Motion for Extension of Time, Dkt. 15 , the motion is hereby GRANTED. The Court hereby ORDERS Plaintiff to respond to Defendant's Motion to Dismiss on or before November 16, 2019. Signed by Judge Randolph D. Moss on 9/18/2019. (lcrdm1, ) (Entered: 09/18/2019) |
| 2019-09-19 | | Set/Reset Deadlines: Plaintiff's Response due by 11/16/2019. (kt) (Entered: 09/19/2019) |
| 2019-09-22 | | MINUTE ORDER: Upon consideration of Plaintiff's Motion to Take Judicial Notice, Dkt. 18 , it is hereby ORDERED that the Motion is DENIED as moot in light of the Court's prior order granting Plaintiff's Motion to Amend/Correct Complaint (Petition for Preliminary Injunction) to include the two omitted pages. See Minute Order (Sept. 12, 2019); Dkt. 16 (Am. Compl.). The entire 7-page Complaint (Petition for Preliminary Injunction) has been deemed filed. Signed by Judge Randolph D. Moss on 9/22/19. (lcrdm1, ) (Entered: 09/22/2019) |
| 2019-10-11 | 19 | MOTION for copy of preliminary injunction filed 5/13/19 re 1 Complaint by FULVIO FLETE-GARCIA (Attachments: # 1 Exhibit)(ztd) (Entered: 10/15/2019) |
| 2019-10-17 | | MINUTE ORDER: In light of the recent filing of the Plaintiff's full 7-page amended complaint, Dkt. 16 , and Plaintiff's motion for a copy, Dkt. 19 , it is hereby ORDERED that the motion is GRANTED. The Clerk of Court is directed to mail Plaintiff a copy of the 7-page amended complaint, Dkt. 16 , at his address of record. Signed by Judge Randolph D. Moss on 10/17/19. (lcrdm1) (Entered: 10/17/2019) |
| 2019-10-21 | 20 | RESPONSE re 8 MOTION to Dismiss filed by FULVIO FLETE-GARCIA. (ztd) (Entered: 10/23/2019) |
| 2019-11-04 | 21 | MOTION to Take Judicial Notice by FULVIO FLETE-GARCIA (ztd) (Entered: 11/06/2019) |
| 2019-11-12 | 22 | MOTION copy of documents by FULVIO FLETE-GARCIA (ztd) (Entered: 11/14/2019) |
| 2019-12-12 | | Partial Filing Fee Received from FULVIO FLETE-GARCIA in the amount of $110.00, receipt number: 4616101791. (zrdj) (Entered: 12/13/2019) |
| 2019-12-27 | | MINUTE ORDER: Upon consideration of Plaintiff's motion to take judicial notice, Dkt. 21 , and motion for copy of documents, Dkt. 22 , it is hereby ORDERED that the motions are DENIED. Regarding Plaintiffs, motion to take judicial notice, Dkt. 21 , informing the Court that filings have been made is not a proper subject of a motion for judicial notice. Plaintiff is instructed to cease moving for judicial notice on this ground. Regarding Plaintiff's motion for a copy of documents, Dkt. 22 , Plaintiff is instructed to cease styling such requests as motions to the Court and, instead, to address any further requests for documents to the office of the Clerk of Court in the first instance. If Plaintiff is unable to obtain necessary information in the ordinary course, Plaintiff may file a motion, but must demonstrate that he has exhausted ordinary methods, does not otherwise have access to the necessary information or materials, and has good cause for the request. Signed by Judge Randolph D. Moss on 12/27/19. (lcrdm1) (Entered: 12/27/2019) |
| 2020-01-22 | | MINUTE ORDER: The parties are hereby ORDERED to comply with the terms of the Court's revised standing order, which is available on the Court's website. Click for details. Signed by Judge Randolph D. Moss on 1/22/20. (lcrdm1) (Entered: 01/22/2020) |
| 2020-02-27 | 23 | MEMORANDUM OPINION AND ORDER denying Defendant's motion to dismiss, Dkt. 8, and denying Plaintiff's motion for a preliminary injunction, Dkt. 16. See document for details. Signed by Judge Randolph D. Moss on 2/27/20. (lcrdm1) (Entered: 02/27/2020) |
| 2020-04-03 | | MINUTE ORDER: In light of the Court's February 28, 2020 denial of Defendant's motion to dismiss and denial of Plaintiff's motion for a preliminary injunction, Dkt. 23 , it is hereby ORDERED that Defendant shall file, on or before April 22, 2020 its answer to Plaintiff's amended complaint. Signed by Judge Randolph D. Moss on 4/3/20. (lcrdm1) (Entered: 04/03/2020) |
| 2020-04-22 | 24 | MOTION to Stay by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration, # 2 Text of Proposed Order, # 3 Certificate of Service)(Peterson, Benton) (Entered: 04/22/2020) |
| 2020-04-24 | | MINUTE ORDER: Upon consideration of Defendant's motion for a stay, Dkt. 24 , it is hereby ORDERED that the motion is GRANTED in part and DENIED in part. It is further ORDERED that EOUSA "shall continue to process potentially responsive records in this case to the extent that [it] is able to do so electronically" and may hold "all responses to Plaintiff... until EOUSA FOIA/PA unit employees are cleared to physically return to the office." Dkt. 24-1 at 3. It is further ORDERED that DOJ need not respond to the amended complaint pending further order of the Court. Finally, it is hereby ORDERED that Defendant shall file a status report on or before May 22, 2020 and every thirty days thereafter, advising the Court whether DOJ FOIA has resumed operations to the extent that it can answer the Amended Complaint and produce any responsive records. Signed by Judge Randolph D. Moss on 4/24/2020. (lcrdm1) (Entered: 04/24/2020) |
| 2020-05-14 | 25 | NOTICE of Change of Address by FULVIO FLETE-GARCIA (ztd) (Entered: 05/19/2020) |
| 2020-05-22 | 26 | STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Peterson, Benton) (Entered: 05/22/2020) |
| 2020-05-26 | | MINUTE ORDER: Upon consideration of Defendant's status report, Dkt. 26 , it is hereby ORDERED that Defendant shall file a further status report on or before June 22, 2020 concerning its ability to continue its efforts in responding to Plaintiff's FOIA request. Signed by Judge Randolph D. Moss on 5/26/2020. (lcrdm1) (Entered: 05/26/2020) |
| 2020-06-22 | 27 | STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Peterson, Benton) (Entered: 06/22/2020) |
| 2020-06-22 | | MINUTE ORDER: Upon consideration of Defendant's status report, Dkt. 27 , it is hereby ORDERED that Defendant shall file, on or before July 22, 2020, a further status report. If that status report indicates that Defendant anticipates further delays in processing Plaintiff's FOIA requests, it shall provide detailed information concerning why that delay is necessary in the specific context of the records Plaintiff seeks and the capabilities of its FOIA office. It is further ORDERED that the status report be accompanied by a declaration that explains (1) how many members of Defendant's FOIA staff are working from the office, (2) whether it is possible remotely to review records of the type that Plaintiff seeks, and (3) when the FOIA office is likely to be able to process the records at issue. Signed by Judge Randolph D. Moss on 6/22/2020. (lcrdm1) (Entered: 06/22/2020) |
| 2020-07-22 | 28 | STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration)(Peterson, Benton) (Entered: 07/22/2020) |
| 2020-07-29 | | MINUTE ORDER: Upon consideration of Defendant's status report, Dkt. 28 , it is hereby ORDERED that Defendant shall file a further status report on or before August 24, 2020. Signed by Judge Randolph D. Moss on 7/29/2020. (lcrdm1) (Entered: 07/29/2020) |
| 2020-08-24 | 29 | STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Certificate of Service)(Peterson, Benton) (Entered: 08/24/2020) |
| 2020-08-25 | | MINUTE ORDER: Upon consideration of Defendant's status report, Dkt. 29 , it is hereby ORDERED that Defendant shall file a further status report on or before September 25, 2020. Signed by Judge Randolph D. Moss on 08/25/2020. (lcrdm1) (Entered: 08/25/2020) |
| 2020-09-28 | 30 | STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Peterson, Benton) (Entered: 09/28/2020) |
| 2020-09-29 | | MINUTE ORDER: Upon consideration of Defendant's status report, Dkt. 30 , it is hereby ORDERED that Defendant shall file a further status report on or before October 26, 2020. Signed by Judge Randolph D. Moss on 09/29/2020. (lcrdm1) (Entered: 09/29/2020) |
| 2020-10-26 | 31 | STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Certificate of Service)(Peterson, Benton) (Entered: 10/26/2020) |
| 2020-10-27 | | MINUTE ORDER: Upon consideration of Defendant's status report, Dkt. 31 , it is hereby ORDERED that Defendant shall file a further status report on or before November 23, 2020. Signed by Judge Randolph D. Moss on 10/27/2020. (lcrdm1) (Entered: 10/27/2020) |
| 2020-11-23 | 32 | STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Certificate of Service)(Peterson, Benton) (Entered: 11/23/2020) |
| 2020-11-24 | | MINUTE ORDER: Upon consideration of Defendant's status report, Dkt. 32 , it is hereby ORDERED that Defendant shall file a further status report on or before January 15, 2021. Signed by Judge Randolph D. Moss on 11/24/2020. (lcrdm1) (Entered: 11/24/2020) |
| 2021-01-15 | 33 | STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Certificate of Service)(Peterson, Benton) (Entered: 01/15/2021) |
| 2021-01-15 | | MINUTE ORDER: Upon consideration of Defendant's status report, Dkt. 33 , it is hereby ORDERED that Defendant shall file a further status report on or before February 19, 2021. Signed by Judge Randolph D. Moss on 01/15/2021. (lcrdm1) (Entered: 01/15/2021) |
| 2021-03-03 | 34 | STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Peterson, Benton) (Entered: 03/03/2021) |
| 2021-03-04 | | MINUTE ORDER: Upon consideration of Defendant's status report, Dkt. 34 , it is hereby ORDERED that Defendant shall file a further status report on or before April 19, 2021. Signed by Judge Randolph D. Moss on 03/04/2021. (lcrdm1) (Entered: 03/04/2021) |
| 2021-04-19 | 35 | STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Certificate of Service)(Peterson, Benton) (Entered: 04/19/2021) |
| 2021-04-19 | | MINUTE ORDER: Upon consideration of Defendant's status report, Dkt. 35 , it is hereby ORDERED that Defendant shall file a further status report on or before June 21, 2021. Signed by Judge Randolph D. Moss on 04/19/2021. (lcrdm1) (Entered: 04/19/2021) |
| 2021-05-06 | 36 | Mail Returned as Undeliverable: Sent to FULVIO FLETE-GARCIA; Type of Document Returned: A copy of the MINUTE ORDER filed on 03/04/2021; Resent at New Address: Per BOP inmate locater - BIG SPRING CORRECTIONAL INSTITUTION 2001 RICKABAUGH DR, BIG SPRING, TX 79720. Also resent MINUTE ORDER filed 4/19/2021. (kt) (Entered: 05/06/2021) |
| 2021-05-24 | 37 | NOTICE OF APPEAL as to Order on Motion to Amend/Correct,, 23 Order on Motion to Dismiss, Order on Motion to Take Judicial Notice,, Order,, Set Deadlines, by FULVIO FLETE-GARCIA. Fee Status: No Fee Paid. Parties have been notified. (Attachments: # 1 USCA Letter)(ztd) (Entered: 05/31/2021) |
| 2021-05-31 | 38 | Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The fee remains to be paid and another notice will be transmitted when the fee has been paid in the District Court or motion to proceed In Forma Pauperis has been decided re 37 Notice of Appeal,. (ztd) (Entered: 05/31/2021) |
| 2021-06-02 | | USCA Case Number 21-5121 for 37 Notice of Appeal, filed by FULVIO FLETE-GARCIA. (ztd) (Entered: 06/09/2021) |
| 2021-06-07 | 39 | MOTION to Take Judicial Notice by FULVIO FLETE-GARCIA. (ztd) (Entered: 06/09/2021) |
| 2021-06-17 | | MINUTE ORDER: In light of Plaintiff's appeal in this case, Dkt. 37 , it is hereby ORDERED that this case is STAYED pending appeal. It is further ORDERED that Plaintiff's motion to take judicial notice, Dkt. 39 , is HELD IN ABEYANCE pending appeal. Signed by Judge Randolph D. Moss on 06/17/2021. (lcrdm1) (Entered: 06/17/2021) |
| 2021-06-17 | | Case STAYED. (kt) (Entered: 06/17/2021) |
| 2021-07-21 | | MINUTE ORDER: In light of the D.C. Circuit's order granting voluntary dismissal of Plaintiff's appeal, it is hereby ORDERED that Defendant shall file its answer to the amended complaint, Dkt. 16 , on or before August 2, 2021. It is further ORDERED that Defendant shall file a further status report on or before August 11, 2021. Signed by Judge Randolph D. Moss on 07/21/2021. (lcrdm1) (Entered: 07/21/2021) |
| 2021-07-21 | 40 | MANDATE of USCA as to 37 Notice of Appeal, filed by FULVIO FLETE-GARCIA ; USCA Case Number 21-5121. (Attachment: # 1 USCA Order)(zsb) (Entered: 07/26/2021) |
| 2021-07-29 | 41 | MOTION for Extension of Time to File Response to Amended Complaint by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Peterson, Benton) (Entered: 07/29/2021) |
| 2021-07-30 | | MINUTE ORDER: Upon consideration of Defendant's motion for extension of time, Dkt. 41 , it is hereby ORDERED that the motion is GRANTED. Defendant shall adhere to the following schedule: Defendant shall file a response to Plaintiff's amended complaint, Dkt. 16 , on or before August 16, 2021. Defendant shall file a further status report on or before August 30, 2021. Signed by Judge Randolph D. Moss on 07/30/2021. (lcrdm1) (Entered: 07/30/2021) |
| 2021-08-02 | 42 | NOTICE by FULVIO FLETE-GARCIA (ztd) (Entered: 08/03/2021) |
| 2021-08-04 | | MINUTE ORDER: Upon consideration of Plaintiff's notice, Dkt. 42 , requesting copies from the Court of Dkt. 16 , Dkt. 18 , Dkt. 20 , Dkt. 23 , and the docket sheet, it is hereby ORDERED that Plaintiff's request is DENIED. The Court notes that Plaintiff himself filed Dkt. 16 , Dkt. 18 , and Dkt. 20 with the Court, and neither the Court nor defense counsel is required to serve those documents on him. To the extent Plaintiff seeks copies of any other materials, he should direct his request in the first instance to the Clerk of Court. Signed by Judge Randolph D. Moss on 08/04/2021. (lcrdm1) (Entered: 08/04/2021) |
| 2021-08-13 | 43 | MOTION for Extension of Time to by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Peterson, Benton) Modified event on 8/13/2021 (ztd). (Entered: 08/13/2021) |
| 2021-08-16 | | MINUTE ORDER: Upon consideration of Defendant's motion for an extension of time, Dkt. 43 , it is hereby ORDERED that the motion is GRANTED. Defendant shall adhere to the following schedule: Defendant shall file a response to Plaintiff's amended complaint, Dkt. 16 , on or before August 30, 2021. Defendant shall file a further status report on or before September 15, 2021. Signed by Judge Randolph D. Moss on 08/16/2021. (lcrdm1) (Entered: 08/16/2021) |
| 2021-08-17 | 44 | NOTICE by FULVIO FLETE-GARCIA (ztd) (Entered: 08/20/2021) |
| 2021-08-30 | 45 | ANSWER to 16 Amended Complaint by U.S. DEPARTMENT OF JUSTICE.(Peterson, Benton) (Entered: 08/30/2021) |
| 2021-08-30 | | MINUTE ORDER: In light of Defendants' answer to the amended complaint, Dkt. 45 , it is hereby ORDERED that the case is UNSTAYED. It is further ORDERED that Plaintiff's motion to take judicial notice, Dkt. 39 , is DENIED as moot. Signed by Judge Randolph D. Moss on 08/30/2021. (lcrdm1) (Entered: 08/30/2021) |
| 2021-08-31 | | Case UNSTAYED. (kt) (Entered: 08/31/2021) |
| 2021-09-03 | 46 | NOTICE by FULVIO FLETE-GARCIA (ztd) (Entered: 09/14/2021) |
| 2021-09-14 | | MINUTE ORDER: Before the Court is Plaintiff's Notice dated August 26, 2021, Dkt. 46 , in which Plaintiff asserts that Defendant's motion to dismiss, Dkt. 8 , has been pending before the Court for twenty months. The Court notes that it denied Defendant's motion to dismiss on February 27, 2020, see Dkt. 23 , and there is no motion currently pending before the Court in this matter. The Court reminds Defendant that, per the Court's Minute Order of August 16, 2021, Defendant's status report is due tomorrow, September 15, 2021. Signed by Judge Randolph D. Moss on 09/14/2021. (lcrdm1) (Entered: 09/14/2021) |
| 2021-09-15 | 47 | STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Certificate of Service)(Peterson, Benton) (Entered: 09/15/2021) |
| 2021-09-16 | | MINUTE ORDER: Upon consideration of Defendant's status report, Dkt. 47 , it is hereby ORDERED that Defendant shall file a further status report on or before October 15, 2021. Signed by Judge Randolph D. Moss on 09/16/2021. (lcrdm1) (Entered: 09/16/2021) |
| 2021-09-22 | 48 | NOTICE by FULVIO FLETE-GARCIA (ztd) (Entered: 09/28/2021) |
| 2021-10-15 | 49 | STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Peterson, Benton) (Entered: 10/15/2021) |
| 2021-10-16 | | MINUTE ORDER: Upon consideration of Defendant's status report, Dkt. 49 , it is hereby ORDERED that Defendant shall file a further status report on or before December 17, 2021. Signed by Judge Randolph D. Moss on 10/16/2021. (lcrdm1) (Entered: 10/16/2021) |
| 2021-11-24 | | MINUTE ORDER: Before the Court is Plaintiff's Notice dated September 22, 2021, Dkt. 48 , in which he states that the Court i[s] not notifying [him] about... what's happening in [his] [c]ase, and that he is not receiving correspondence from the Court. Plaintiff also asks the Court to provide him with copies of Dkt. 37 and Dkt. 38 . Plaintiff's request for documents is DENIED. Plaintiff is reminded that all document requests should be directed in the first instance to the office of the Clerk of Court, not to the Court. See Min. Order (Dec. 12, 2019). Plaintiff is further reminded that he himself filed Dkt. 37 with the Court, and so the Court is under no obligation to provide him with a copy of that filing. With respect to Plaintiff's indication that he has not received any notification about what is happening in his case, Plaintiff is further reminded that the Court denied Defendant's motion to dismiss on February 27, 2020, see Dkt. 23 , and there is no motion currently pending before the Court in this matter. See Min. Order (Sept. 14, 2021). The Court continues, however, to mail copies of its orders to the address that the Court has on record for Plaintiff (which is the same address that Plaintiff provided in his September 22, 2021, Notice), and the Court has not received any indication that its mail has gone undelivered. The Court has, however, discovered that in the time since Plaintiff filed his September 22, 2021, Notice with the Court, the Bureau of Prisons has apparently moved Plaintiff to a new facility. Accordingly, the Court ORDERS that the Clerk of Court provide copies of this Order to both Plaintiff's address of record and to Plaintiff's apparent new address: FULVIO FLETE-GARCIA, R24190-038, FCI DANBURY, 33 1/2 PEMBROKE STATION, ROUTE 37, DANBURY, CT 06811. The Court further ORDERS Plaintiff to file a letter with the Court, on or before December 31, 2021, informing the Court as to whether his address has indeed changed, so that the Court may update the docket with Plaintiff's new address. Plaintiff is reminded that it is his responsibility to update the Court regarding any change in address. Signed by Judge Randolph D. Moss on 11/24/2021. (lcrdm1) (Entered: 11/24/2021) |
| 2021-12-17 | 50 | STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Peterson, Benton) (Entered: 12/17/2021) |
| 2021-12-19 | | MINUTE ORDER: Upon consideration of Defendant's status report, Dkt. 50 , it is hereby ORDERED that Defendant shall file a further status report on or before January 21, 2022. Signed by Judge Randolph D. Moss on 12/19/2021. (lcrdm1) (Entered: 12/19/2021) |
| 2022-01-05 | 51 | NOTICE of Change of Address by FULVIO FLETE-GARCIA (znmw) (Entered: 01/10/2022) |
| 2022-01-21 | 52 | STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Peterson, Benton) (Entered: 01/21/2022) |
| 2022-02-03 | | MINUTE ORDER: In light of Defendant's status report, Dkt. 52 , it is hereby ORDERED that Plaintiff shall file a notice on or before March 14, 2022, indicating whether he intends to maintain this litigation or whether the Court should enter final judgment in this case. Plaintiff is cautioned that if he does not file a notice with the Court by that date, the Court will assume that he no longer objects to the adequacy of Defendant's search and response and will, accordingly, enter final judgment. In addition, the Court notes that Defendant's most recent status report is not accompanied by a certificate of service. The Court, accordingly, hereby orders counsel for the Defendant to file a certificate of service by close of business tomorrow, February 4, 2022. Signed by Judge Randolph D. Moss on 2/3/2022. (lcrdm1) (Entered: 02/03/2022) |
| 2022-03-07 | 53 | NOTICE of Filing by U.S. DEPARTMENT OF JUSTICE re Order,,,, Set Deadlines,,, (Attachments: # 1 Exhibit previous Certificate of Service, # 2 Certificate of Service)(Peterson, Benton) (Entered: 03/07/2022) |
| 2022-03-07 | 54 | ERRATA by U.S. DEPARTMENT OF JUSTICE re 53 Notice (Other) filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit, # 2 Certificate of Service)(Peterson, Benton) (Entered: 03/07/2022) |
| 2022-07-29 | | MINUTE ORDER: On February 2, 2022, the Court ordered Plaintiff "to file notice on or before March 14, 2022, as to whether he intends to maintain this litigation or whether the Court should enter final judgment in this case." Minute Order (Feb. 2, 2022). The Court cautioned Plaintiff that, "if he does not file the requested notice with the Court that date, the Court will assume that he no longer objects to the adequacy of Defendant's search and will, accordingly, enter final judgment." Id. Because that deadline has come and gone without a response from Plaintiff, the Court will ENTER judgment in favor of Defendant in part and Plaintiff in part. A separate order will issue. Signed by Judge Randolph D. Moss on 7/29/2022. (lcrdm1) (Entered: 07/29/2022) |
| 2022-07-29 | 55 | ORDER: For the reasons stated in the Court's Memorandum Opinion and Order, Dkt. 23 , and Minute Order dated July 29, 2022, it is hereby ORDERED that judgment is ENTERED in favor of Defendant in part and Plaintiff in part. This Order constitutes a final judgment of the Court within the meaning of Rule 58(a) of the Federal Rules of Civil Procedure. The Deputy Clerk of Court is directed to terminate the case. See document for details. Signed by Judge Randolph D. Moss on 7/29/2022. (lcrdm1) (Entered: 07/29/2022) |
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