| Date Filed | Doc # | Docket Text |
|
| 2020-11-09 | | Initiating Pleading & IFP Application Received on 11/09/2020. A copy of the docket sheet has been mailed to the address of record for the pro se party. (zsb) (Entered: 11/18/2020) |
| 2020-11-09 | 1 | COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE filed by ANTONIO U. AKEL. (Attachment: # 1 Exhibit, # 2 Summons) (zsb) (Entered: 11/18/2020) |
| 2020-11-09 | 2 | MOTION for Leave to Proceed in forma pauperis by ANTONIO U. AKEL (zsb) (Entered: 11/18/2020) |
| 2020-11-09 | 3 | PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by ANTONIO U. AKEL (zsb) (Entered: 11/18/2020) |
| 2020-12-08 | 4 | PRO SE ORDER directing within 30 days of this Order, unless an extension of time is granted, plaintiff to provide a six month trust fund prisoner account statement and failure to comply will result in dismissal of case. Plaintiff shall provide the requested information specific within this order. Pro Se party has been notified by first class mail. Signed by Judge Christopher R. Cooper on 12/08/2020. (zsb) (Entered: 12/10/2020) |
| 2021-01-26 | 5 | PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by ANTONIO U. AKEL (zsb) (Entered: 02/01/2021) |
| 2021-01-27 | 6 | MOTION for Extension of Time to File by ANTONIO U. AKEL. (zsb) (Entered: 02/01/2021) |
| 2021-02-02 | 7 | ORDER directing an initial partial filing fee in the amount of $48.33 from Prison Account of ANTONIO U. AKEL and granting 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 Randolph D. Moss on 02/02/2021. (zsb) (Entered: 02/02/2021) |
| 2021-02-02 | | Case Assigned to Judge Randolph D. Moss. (zsb) (Entered: 02/02/2021) |
| 2021-02-02 | 8 | STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 02/02/2021. (lcrdm1) (Entered: 02/02/2021) |
| 2021-02-08 | 9 | SUMMONS (3) Issued as to UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General sent to the U.S. Marshals Service (zsb) (Entered: 02/08/2021) |
| 2021-02-10 | 10 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 2/10/2021. (ztd) (Entered: 02/17/2021) |
| 2021-02-25 | 11 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/24/2021. Answer due for ALL FEDERAL DEFENDANTS by 3/26/2021. (ztd) (Entered: 03/03/2021) |
| 2021-03-09 | 12 | NOTICE of Appearance by Kristin Brudy-Everett on behalf of UNITED STATES DEPARTMENT OF JUSTICE (Brudy-Everett, Kristin) (Entered: 03/09/2021) |
| 2021-03-11 | 13 | Civil Statement from Plaintiff; ("Leave to file granted" signed by Judge Randolph D. Moss) (ztd) (Entered: 03/11/2021) |
| 2021-03-11 | | MINUTE ORDER: Upon consideration of Plaintiff's civil statement, Dkt. 13 , it is hereby ORDERED that the Clerk's Office shall mail a copy of the docket entries and copies of the return of service, Dkt. 10 and Dkt. 11 , to Plaintiff. Signed by Judge Randolph D. Moss on 03/11/2021. (lcrdm1) (Entered: 03/11/2021) |
| 2021-03-26 | 14 | ANSWER to 1 Complaint by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A)(Brudy-Everett, Kristin) (Entered: 03/26/2021) |
| 2021-03-30 | | ENTERED IN ERROR.....MINUTE ORDER: It is hereby ORDERED that, on or before April 13, 2021, the parties shall confer and file a joint status report addressing (1) any documents still to be produced pursuant to FOIA; (2) an anticipated schedule for processing and producing any such documents; and (3) any substantive areas of disagreement between the parties. It is further ORDERED that the parties shall appear telephonically for an Initial Scheduling Conference on April 20, 2021, at 11:15 a.m. The Courtroom Deputy Clerk will provide the parties with the dial-in information. Signed by Judge Randolph D. Moss on 3/30/2021. (lcrdm2) Modified on 3/31/2021 (kt). (Entered: 03/30/2021) |
| 2021-03-31 | | MINUTE ORDER: It is hereby ORDERED that on or before April 13, 2021, each party shall submit their own status report addressing (1) any documents still to be produced pursuant to FOIA and (2) an anticipated schedule for processing and producing any such documents. Signed by Judge Randolph D. Moss on 3/31/2021. (lcrdm1) (Entered: 03/31/2021) |
| 2021-04-13 | 15 | STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 04/13/2021) |
| 2021-04-15 | | MINUTE ORDER: Upon consideration of Defendant's status report, Dkt. 15 , it is hereby ORDERED that the parties shall adhere to the following schedule: Defendant shall file a motion for summary judgment on or before May 14, 2021. Plaintiff's opposition, and cross-motion, if any, shall be filed on or before June 25, 2021. Defendant's combined opposition, if applicable, and reply shall be filed on or before July 16, 2021. Finally, Plaintiff's reply, if applicable, shall be filed on or before August 13, 2021. Signed by Judge Randolph D. Moss on 04/15/2021. (lcrdm1) (Entered: 04/15/2021) |
| 2021-04-15 | | Set/Reset Deadlines: Defendant's Summary Judgment Motion due by 5/14/2021. Response to Motion for Summary Judgment due by 6/25/2021. Reply to Motion for Summary Judgment due by 7/16/2021. Plaintiff's Cross Motion for Summary Judgment due by 6/25/2021. Response to Cross Motion for Summary Judgment due by 7/16/2021. Reply to Cross Motion for Summary Judgment due by 8/13/2021. (dot) (Entered: 04/15/2021) |
| 2021-05-03 | 16 | STATUS REPORT by ANTONIO U. AKEL. (ztd);("Leave to file Granted" signed by Judge Randolph D. Moss) (Entered: 05/04/2021) |
| 2021-05-03 | 17 | LEAVE TO FILE DENIED- Plaintiff's Motion to take Judicial Notice and Reply to Answer This document is unavailable as the Court denied its filing.. Signed by Judge Randolph D. Moss on 5/3/2021. (Attachments: # 1 Denied Document) (ztd) (Entered: 05/04/2021) |
| 2021-05-05 | | MINUTE ORDER: On April 21, 2021, the Court received a "motion to take judicial notice" and a "reply to answer" from Plaintiff. The first document directed the Court's attention to excerpts from Plaintiff's criminal proceeding in the Northern District of Florida, alleging corruption on the part of the United States Attorney and Judge in that case, which Plaintiff claims are relevant to this FOIA case. The second document replies to Defendant's answer in this case. Because neither of these filings is recognized or contemplated under the Federal Rules of Civil Procedure, it is hereby ORDERED that leave to file is DENIED. Plaintiff may raise the arguments contained in these filings in briefing on summary judgment. Signed by Judge Randolph D. Moss on 05/05/2021. (lcrdm1) (Entered: 05/05/2021) |
| 2021-05-14 | 18 | MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Justin Wilkinson, # 3 Declaration of Anthony Garner, # 4 Exhibit A, # 5 Exhibit B, # 6 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 05/14/2021) |
| 2021-05-17 | 19 | FOX/NEAL ORDER advising Plaintiff to respond to Defendant's motion for summary judgment, Dkt. 18 , on or before June 25, 2021, or the Court may deem factual allegations as conceded. See attached document for details. Signed by Judge Randolph D. Moss on 05/17/2021. (lcrdm1) (Entered: 05/17/2021) |
| 2021-06-10 | 20 | NOTICE by ANTONIO U. AKEL (ztd): ("Leave to file GRANTED" by Judge Randolph D. Moss) (Entered: 06/17/2021) |
| 2021-06-10 | 21 | Memorandum in opposition to re 18 MOTION for Summary Judgment filed by ANTONIO U. AKEL. ("Leave to file GRANTED" by Judge Randolph D. Moss). (Attachments: # 1 Statement of Facts, # 2 objection, # 3 Declaration)(ztd) Modified on 6/22/2021 (znmw). (Entered: 06/17/2021) |
| 2021-06-10 | 22 | MOTION to Take Judicial Notice by ANTONIO U. AKEL. (ztd); ("Leave to file GRANTED" by Judge Randolph D. Moss) (Entered: 06/17/2021) |
| 2021-06-10 | 23 | MOTION for Summary Judgment by ANTONIO U. AKEL. (ztd); ("Leave to file GRANTED" by Judge Randolph D. Moss) (Additional attachment(s) added on 6/17/2021: # 1 Text of Proposed Order) (ztd). (Entered: 06/17/2021) |
| 2021-06-29 | 24 | NOTICE OF SUBSTITUTION OF COUNSEL by Patricia K. McBride on behalf of UNITED STATES DEPARTMENT OF JUSTICE Substituting for attorney Kristin Brudy-Everett (McBride, Patricia) (Entered: 06/29/2021) |
| 2021-07-06 | 25 | LEAVE TO FILE DENIED- Plaintiff's Motion for Leave to put Defendant on Notice as to a Potential Fed.R.Civ.p15(d)... This document is unavailable as the Court denied its filing. (Attachments: # 1 Appendix):("Leave to file DENIED" signed by Judge Randolph D. Moss) (ztd) (Entered: 07/06/2021) |
| 2021-07-06 | | MINUTE ORDER: On July 6, 2021, the Court received a notice from Plaintiff that he may seek leave to supplement his complaint, pending the resolution of an administrative appeal to the Office of Information Policy regarding Plaintiff's FOIA request made on March 1, 2021. Plaintiff seeks leave to file both this notice and an appendix containing the FOIA request at issue and the response he received. Because Plaintiff is not seeking relief from the Court at this time, it is hereby ORDERED that leave to file is DENIED. If the events that Plaintiff anticipates come to pass, he may file a motion seeking appropriate relief at that time. Signed by Judge Randolph D. Moss on 07/06/2021. (lcrdm1) (Entered: 07/06/2021) |
| 2021-07-15 | 26 | REPLY to opposition to motion re 18 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (McBride, Patricia) (Entered: 07/15/2021) |
| 2021-07-15 | 27 | CERTIFICATE OF SERVICE by UNITED STATES DEPARTMENT OF JUSTICE re 26 Reply to opposition to Motion . (McBride, Patricia) (Entered: 07/15/2021) |
| 2021-07-26 | 28 | NOTICE by ANTONIO U. AKEL (ztd) (Entered: 07/28/2021) |
| 2021-07-28 | | MINUTE ORDER: Upon consideration of Plaintiff's notice, Dkt. 28 , it is hereby ORDERED that Defendant shall re-serve its reply in support of its motion for summary judgment, Dkt. 26 , on Plaintiff on or before August 11, 2021. Signed by Judge Randolph D. Moss on 07/28/2021. (lcrdm1) (Entered: 07/28/2021) |
| 2021-07-29 | 29 | NOTICE (Notice of Service) by UNITED STATES DEPARTMENT OF JUSTICE re Order,, Set Deadlines, (McBride, Patricia) (Entered: 07/29/2021) |
| 2021-08-20 | 30 | MOTION for Extension of Time to File Response/Reply by ANTONIO U. AKEL. (ztd) (Entered: 08/23/2021) |
| 2021-08-24 | | MINUTE ORDER: In light of Plaintiff's motion for extension of time, Dkt. 30 , it is hereby ORDERED that the motion is DENIED. The Court notes that Defendant complied with the Court's directive in its Minute Order of July 28, 2021, by re-serving Defendant's Reply in Support of its Motion for Summary Judgment on July 29, 2021. See Dkt. 29 . The Court further notes that, per the Court's Standing Order, Dkt. 8 , "[a] party may not file a sur-reply without first obtaining leave of the Court. Sur-replies will only be permitted upon a specific showing of good cause." Plaintiff has not shown that a sur-reply is needed; accordingly, the Court will not grant an extension of time to file a sur-reply. If Plaintiff believes that the demanding standard for filing a sur-reply is satisfied in this case, Plaintiff may promptly file a motion with the Court seeking leave to do so. Signed by Judge Randolph D. Moss on 08/24/2021. (lcrdm2) (Entered: 08/24/2021) |
| 2021-09-15 | 31 | MOTION to Take Judicial Notice by ANTONIO U. AKEL. (ztd) (Entered: 09/15/2021) |
| 2021-12-30 | 32 | MEMORANDUM OPINION AND ORDER: For the reasons set forth in the attached Memorandum Opinion and Order, it is hereby ORDERED that Defendant's motion for summary judgment, Dkt. 18 , is GRANTED in part and DENIED in part, and Plaintiff's cross-motion for summary judgment, Dkt. 23 , is GRANTED in part and DENIED in part. Defendant's motion is DENIED and Plaintiff's cross-motion is GRANTED with respect to the adequacy of the Department's search for email maintained by former AUSA Swaim. In all other respects, Defendant's motion is GRANTED and Plaintiff's cross-motion is DENIED. It is further ORDERED that Plaintiff's motion to take judicial notice of certain filings in the Northern District of Florida and the Eleventh Circuit, Dkt. 22 , is DENIED, but that Plaintiff's motion for leave to file a surreply and motion to take judicial notice of a filing in a related case, Dkt. 31 , are GRANTED. It is further ORDERED that Defendant shall conduct a reasonable search of former AUSA Swaim's archived emails and produce any responsive records to Plaintiff on or before April 1, 2022. See document for details. Signed by Judge Randolph D. Moss on 12/30/2021. (lcrdm1) (Entered: 12/30/2021) |
| 2022-01-07 | 33 | MOTION for Leave to File Supplement by ANTONIO U. AKEL. (znmw) (Entered: 01/10/2022) |
| 2022-02-11 | 34 | MINUTE ORDER: In light of Plaintiff's motion for leave to file a supplement, Dkt. 33 , it is hereby ORDERED that Defendant shall file a response to the motion on or before February 25, 2022. Signed by Judge Randolph D. Moss on 2/11/2022. (lcrdm1) Modified on 2/14/2022 to remove document number (kt). (Entered: 02/11/2022) |
| 2022-02-24 | 35 | MOTION for Extension of Time to File Opposition by UNITED STATES DEPARTMENT OF JUSTICE. (McBride, Patricia) (Entered: 02/24/2022) |
| 2022-02-25 | | MINUTE ORDER: Upon consideration of Defendant's motion for an extension of time, Dkt. 35 , it is hereby ORDERED that the motion is GRANTED and that Defendant shall file its opposition on or before April 5, 2022. Signed by Judge Randolph D. Moss on 2/25/2022. (lcrdm1) (Entered: 02/25/2022) |
| 2022-02-28 | 36 | MOTION to Alter Judgment as to 32 Order on Motion to Take Judicial Notice, Order on Motion for Summary Judgment by ANTONIO U. AKEL. (znmw) (Entered: 03/02/2022) |
| 2022-04-04 | 37 | MOTION for Extension of Time to by UNITED STATES DEPARTMENT OF JUSTICE. (McBride, Patricia) (Entered: 04/04/2022) |
| 2022-04-05 | | MINUTE ORDER: Upon consideration of Defendant's motion for extension of time, Dkt. 37 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Defendant's opposition to Plaintiffs motion for leave to supplement his FOIA request 33 and Plaintiff's motion to alter or amend judgment 36 shall be due on or before May 5, 2022. Signed by Judge Randolph D. Moss on 4/5/2022. (lcrdm2) (Entered: 04/05/2022) |
| 2022-05-04 | 38 | MOTION for Extension of Time to File Renewed MSJ by UNITED STATES DEPARTMENT OF JUSTICE. (McBride, Patricia) (Entered: 05/04/2022) |
| 2022-05-05 | | MINUTE ORDER: Upon consideration of the government's motion for extension of time, Dkt. 38 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the government's renewed motion for summary judgment, opposition to Plaintiff's motion for leave to supplement his FOIA request 33 , and opposition to Plaintiff's motion to alter or amend judgment 36 shall be due on or before May 11, 2022. Signed by Judge Randolph D. Moss on 5/5/2022. (lcrdm2) (Entered: 05/05/2022) |
| 2022-05-11 | 39 | MOTION for Summary Judgment (Renewed) by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration (Second Declaration of Justin P. Wilkinson), # 2 Text of Proposed Order)(McBride, Patricia) (Entered: 05/11/2022) |
| 2022-05-11 | 40 | Memorandum in opposition to re 36 MOTION to Alter Judgment as to 32 Order on Motion to Take Judicial Notice,,,,, Order on Motion for Summary Judgment,,,,,,,,,,,,,,, Set/Reset Deadlines,,,,, 33 MOTION for Leave to File filed by UNITED STATES DEPARTMENT OF JUSTICE. (McBride, Patricia) (Entered: 05/11/2022) |
| 2022-05-11 | 41 | NOTICE of Filing Exhibits by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Exhibit)(McBride, Patricia) (Entered: 05/11/2022) |
| 2022-05-12 | 42 | FOX/NEAL ORDER: Plaintiff is hereby ORDERED to respond to Defendant's Renewed Motion for Summary Judgment, Dkt. 39 , on or before June 24, 2022. See document for details. Signed by Judge Randolph D. Moss on 5/12/2022. (lcrdm1) (Entered: 05/12/2022) |
| 2022-06-27 | 43 | REPLY to opposition to motion re 36 MOTION to Alter Judgment as to 32 Order on Motion to Take Judicial Notice, Order on Motion for Summary Judgment filed by ANTONIO U. AKEL. (zjm) (Entered: 06/29/2022) |
| 2022-06-27 | 44 | Memorandum in opposition to re 39 MOTION for Summary Judgment (Renewed) filed by ANTONIO U. AKEL. (Attachments: # 1 Statement of Facts, # 2 Declaration)(zjm) (Entered: 06/29/2022) |
| 2022-06-27 | 45 | Cross MOTION for Summary Judgment by ANTONIO U. AKEL. (Attachments: # 1 Statement of Facts, # 2 Declaration)(zjm) (Entered: 06/29/2022) |
| 2022-06-27 | 46 | MOTION to Reopen Judgment re 32 MEMORANDUM OPINION AND ORDER by ANTONIO U. AKEL. (zjm) (Entered: 06/29/2022) |
| 2022-07-05 | | MINUTE ORDER: Before the Court is Plaintiff's motion under Federal Rules of Civil Procedure 59(e) and 60(b) to alter or amend judgment as to the Court's December 30, 2021 Memorandum Opinion and Order granting in part and denying in part the parties' cross motions for summary judgment. Dkt. 36 . A Rule 59(e) motion may be granted: "(1) if there is an 'intervening change of controlling law'; (2) if new evidence becomes available; or (3) if the judgment should be amended in order to 'correct a clear error or prevent manifest injustice.'" Leidos, Inc. v. Hellenic Republic , 881 F.3d 213, 217 (D.C. Cir. 2018) (quoting Firestone v. Firestone , 76 F.3d 1205, 1208 (D.C. Cir. 1996)). Such a motion, however, may not "be used to relitigate old matters, or to raise arguments or present evidence that could have been raised prior to the entry of judgment." Exxon Shipping Co. v. Baker , 554 U.S. 471, 485 n.5 (2008). A Plaintiff may also move for relief from a judgment or order under Rule 60(b). However, "[r]elief under Rule 60(b) is more restrictive than under Rule 59(e)," Arabaitzis v. Unum Life Ins. Co. of Am. , 351 F. Supp. 3d 11, 14 (D.D.C. 2018), "because a party must show fraud, mistake, extraordinary circumstances, or other enumerated situations," id. (internal quotation marks omitted). For the most part, Plaintiff's motion attempts to relitigate arguments that were rejected by the Court at summary judgment or raises novel arguments that could have been asserted by Plaintiff at the summary judgment stage but were not. To the extent that Plaintiff raises new arguments, moreover, those arguments fail. Plaintiff maintains, for instance, that the "Court was manipulated by the defendant" into misapprehending the correct FOIA request at issue in this case. He contends that the true FOIA request occurred in April 2020, not July 2020 as the Court's opinion states. Dkt. 36 at 2. The government's filings and the Court's opinion, however, discuss the FOIA request that Plaintiff himself points to in his complaint, and which the complaint identifies by number (EOUSA 2020-3734) and describes as having been submitted "[d]uring the month of July 2020." Compare Dkt. 1 at 1-2, with Dkt. 32 at 2-3; Dkt. 18-1 at 2. Because Plaintiff has not established that relief is merited under either Rule 59(e) or Rule 60(b), it is hereby ORDERED that Plaintiff's motion to alter or amend judgment is DENIED. Signed by Judge Randolph D. Moss on 7/5/2022. (lcrdm1) (Entered: 07/05/2022) |
| 2022-07-13 | | MINUTE ORDER: Before the Court is Plaintiff's motion for leave to supplement the complaint pursuant to Federal Rule of Civil Procedure 15(d). Dkt. 33 . In his motion, Plaintiff seeks leave to add allegations challenging Defendant's response to a new FOIA request that Plaintiff submitted to Defendant on March 1, 2021--after the original complaint in this matter was filed. See id. Rule 15(d) authorizes the Court, "[o]n motion and reasonable notice,... to permit a party to serve a supplemental pleading setting out any transaction, occurrence, or event that happened after the date of the pleading to be supplemented." Fed. R. Civ. P. 15(d). The purpose of this rule is "to avoid 'needlessly remit[ting] [plaintiffs] to the difficulties of commencing a new action even though the events occurring after the commencement of the original action have made clear the right to relief.'" Scahill v. District of Columbia , 909 F.3d 1177, 1183 (D.C. Cir. 2018) (quoting Fed. R. Civ. P. 15 advisory committee notes to the 1963 amendment). Accordingly, leave to supplement should be granted "unless there is a good reason... to the contrary," Willoughby v. Potomac Elec. Power Co. , 100 F.3d 999, 1003 (D.C. Cir. 1996), "such as undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, futility of amendment, etc.," Atchinson v. District of Columbia , 73 F.3d 418, 425 (D.C. Cir. 1996) (quoting Foman v. Davis , 371 U.S. 178, 182 (1962)); see also Wildearth Guardians v. Kempthorne , 592 F. Supp. 2d 18, 23 (D.D.C. 2008) ("Motions to amend under Rule 15(a) and motions to supplement under Rule 15(d) are subject to the same standard."). Here, Plaintiff's motion to supplement sets out a series of events related to this litigation--namely, Defendant's processing of a new FOIA request concerning similar subject matter to the request that has been the focus of this litigation thus far--that post-date the filing of the complaint. Plaintiff filed his motion to supplement on January 7, 2022. Dkt. 33 . On February 11, 2022, the Court ordered Defendant to file a response to the motion. See Min. Order (Feb. 11, 2022). At Defendant's request, the Court extended the deadline to do so three times, and the Court permitted Defendant to consolidate its response to the motion to supplement with its renewed motion for summary judgment in this matter. See Min. Order (Feb. 25, 2022); Min. Order (Apr. 5, 2022); Min. Order (May 5, 2022). Despite those orders, and despite having had three months to respond to the motion, Defendant's combined submission ultimately does not include any legal arguments in opposition to Plaintiff's motion to supplement. Even if Defendant had opposed Plaintiff's motion in a thorough manner, moreover, the Court is convinced that denying leave to supplement would not further the interests of judicial economy, since, under this Court's local rules, the undersigned judge would be assigned to any new action commenced on the basis of Plaintiff's supplemental allegations. See Local Civ. R. 40.5(a)(3). Accordingly, it is hereby ORDERED that Plaintiff's motion for leave to supplement the complaint is GRANTED. Signed by Judge Randolph D. Moss on 7/13/2022. (lcrdm1) (Entered: 07/13/2022) |
| 2022-10-20 | 47 | STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (McBride, Patricia) (Entered: 10/20/2022) |
| 2022-10-24 | | MINUTE ORDER: In light of the Defendant's Status Report, Dkt. 47 , it is hereby ORDERED that the Plaintiff shall file a status report on or before January 11, 2023 informing the Court whether he wishes to challenge Defendant's response to his subsequent FOIA request that is the subject of his Amended Complaint. In other words, Plaintiff should inform the Court whether he is satisfied with the Agency's production and, if so, whether this case should be dismissed. Signed by Judge Randolph D. Moss on 10/24/2022. (lcrdm2) (Entered: 10/24/2022) |
| 2022-12-29 | 48 | STATUS REPORT by ANTONIO U. AKEL. (Attachment: # 1 Exhibit)(zjm) (Entered: 01/03/2023) |
| 2023-01-13 | | MINUTE ORDER: There are three pending motions in this case: (1) the Government's Renewed Motion for Summary Judgment, Dkt. 39; (2) the Plaintiff's cross-motion for summary judgment, Dkt. 45; and (3) Plaintiff's motion to reopen the judgment, Dkt. 46. Plaintiff filed an opposition to the Government's motion for summary judgment, Dkt. 44. The Government has never filed a reply in support of its motion for summary judgment, nor has it filed a response to Plaintiff's cross-motion for summary judgment or Plaintiff's motion to reopen the judgment. Instead, the Government filed a status report stating that it has processed Plaintiff's second FOIA request and therefore believes that the issues in the case may be moot. Dkt. 47. Plaintiff responded, explaining that he is challenging the inadequacy of the government's search surrounding both of his FOIA requests. Dkt. 48. He further explained that he is challenging the adequacy of the government's search only, and not any of the government's withholdings. Because Plaintiff is challenging the adequacy of the Government's search, the fact that the Government "already processed [Plaintiff's] subsequent FOIA request," Dkt. 47 at 1, is unresponsive to Plaintiff's concerns. In light of the above, the Court hereby ORDERS that the Government file on or before January 30, 2023: (1) a reply in support of its renewed motion for summary judgment; (2) a response to Plaintiff's cross-motion for summary judgment; and (3) a response to Plaintiff's motion to reopen the judgment. In light of the Government's apparent inattention to this case, no extensions will be granted absent extraordinary circumstances. Plaintiff may file a Reply in support of his motions on or before February 27, 2023. Signed by Judge Randolph D. Moss on 1/13/2023. (lcrdm2) (Entered: 01/13/2023) |
| 2023-01-30 | 49 | MOTION for Extension of Time to File by UNITED STATES DEPARTMENT OF JUSTICE. (McBride, Patricia) (Entered: 01/30/2023) |
| 2023-01-31 | 50 | ORDER: It is hereby ORDERED that the Motion for Enlargement of Time, Dkt. 49 , is GRANTED in part and DENIED in part. The Court, accordingly, ORDERS that Defendant shall, on or before February 7, 2023, file (1) a response, if any, to Plaintiff's cross-motion for summary judgment; and (2) a response, if any, to Plaintiff's motion to reopen the judgment. It is further ORDERED that the government shall file its reply, if any, in support of its renewed motion for summary judgment on or before February 14, 2023. Plaintiff may file a reply, if any, in support of his motions on or before March 6, 2023. Finally, Defendant is ORDERED to serve its responses and reply on Plaintiff by the most expeditious means available to ensure that he has ample time to respond. See document for details. Signed by Judge Randolph D. Moss on 1/31/2023. (lcrdm2) (Entered: 01/31/2023) |
| 2023-02-01 | 51 | NOTICE of Appearance by Heather D. Graham-Oliver on behalf of UNITED STATES DEPARTMENT OF JUSTICE (Graham-Oliver, Heather) (Entered: 02/01/2023) |
| 2023-02-07 | 52 | Memorandum in opposition to re 45 Motion for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Graham-Oliver, Heather) (Entered: 02/07/2023) |
| 2023-02-07 | 53 | Memorandum in opposition to re 46 Motion to Reopen Case filed by UNITED STATES DEPARTMENT OF JUSTICE. (Graham-Oliver, Heather) (Entered: 02/07/2023) |
| 2023-02-14 | 54 | MOTION for Extension of Time to File Response/Reply as to 39 MOTION for Summary Judgment (Renewed) by UNITED STATES DEPARTMENT OF JUSTICE. (Graham-Oliver, Heather) (Entered: 02/14/2023) |
| 2023-02-14 | | MINUTE ORDER: Upon consideration of the Motion for Extension of Time to File Reply and to Conduct a Supplemental Search, Dkt. 54 , it is hereby ORDERED that the motion is GRANTED in part and DENIED in part. It is further ORDERED that (1) on or before February 27, 2023, Defendant shall complete its supplemental search and file a declaration explaining (a) the scope of the supplemental search, including accounts searched, the date range searched, and the search terms used, (b) whether the supplemental search located any previously unlocated responsive records, and (c) if so, whether the Defendant will produce or withhold (in whole or in part) any such responsive documents; (2) Defendant shall serve the declaration on Plaintiff by the most expeditious means available; (3) Defendant shall file its Reply in support of its motion on or before March 16, 2023; and (4) Plaintiff may file a reply in support of his motions, and a surreply to Defendant's motion for summary judgment limited to Defendant's supplemental search and declaration, on or before March 16, 2023. No further extensions will be granted. Signed by Judge Randolph D. Moss on 2/14/2023. (lcrdm2) (Entered: 02/14/2023) |
| 2023-02-24 | 55 | NOTICE OF FILING THIRD DECLARATION OF JUSTIN WILKINSON by UNITED STATES DEPARTMENT OF JUSTICE re Order on Motion for Extension of Time to File Response/Reply,,,,, Set/Reset Deadlines,,,, (Attachments: # 1 Exhibit Third Declaration of Justin Wilkinson)(Graham-Oliver, Heather) (Entered: 02/24/2023) |
| 2023-03-16 | 56 | REPLY to opposition to motion re 39 MOTION for Summary Judgment (Renewed) filed by UNITED STATES DEPARTMENT OF JUSTICE. (Graham-Oliver, Heather) Modified on 3/17/2023 to correct docket link/ text (zjm). (Entered: 03/16/2023) |
| 2023-03-21 | 57 | MEMORANDUM OPINION AND ORDER: For the reasons provided herein, it is hereby ORDERED that (1) the Government's motion for summary judgement, Dkt. 39 , is GRANTED in part and DENIED in part; (2) Plaintiff's cross-motion for summary judgment, Dkt. 45 , is DENIED without prejudice; (3) Plaintiff's motion to reopen the judgment, Dkt. 46 , is DENIED; and (4) Plaintiff's claim for monetary damages, Dkt. 33 at 7, is DISMISSED. See document for details. Signed by Judge Randolph D. Moss on 3/21/2023. (lcrdm2) (Entered: 03/21/2023) |
| 2023-03-22 | | MINUTE ORDER: In light of the Court's Memorandum Opinion and Order, Dkt. 57 , it is hereby ORDERED that the Government shall file a status report on or before April 20, 2023, outlining its proposed next steps in this case. Signed by Judge Randolph D. Moss on 3/22/2023. (lcrdm2) (Entered: 03/22/2023) |
| 2023-03-27 | 58 | Statement of Facts by ANTONIO U. AKEL (zjm) (Entered: 03/31/2023) |
| 2023-03-30 | 59 | REPLY to opposition to motion re 45 MOTION for Summary Judgment, 46 MOTION to Reopen Case filed by ANTONIO U. AKEL. (Attachment: # 1 Appendix)(zjm) (Entered: 04/06/2023) |
| 2023-04-05 | 60 | STATUS REPORT by ANTONIO U. AKEL. (Attachments: # 1 Exhibits)(zjm) (Entered: 04/07/2023) |
| 2023-04-10 | 61 | ERRATA re 55 NOTICE OF FILING THIRD DECLARATION OF JUSTIN WILKINSON and RESPONSE re 58 Statement of Facts by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration Fourth Wilkinson Decl)(McBride, Patricia) Modified on 4/12/2023 to add docket link/ correct docket text (zjm). (Entered: 04/10/2023) |
| 2023-04-22 | 62 | STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Graham-Oliver, Heather) (Entered: 04/22/2023) |
| 2023-04-26 | 63 | RESPONSE re 61 Errata, filed by ANTONIO U. AKEL. (Attachment: # 1 Exhibits)(zjm) (Entered: 05/01/2023) |
| 2023-04-28 | | MINUTE ORDER: In light of the Defendant's Status Report, Dkt. 62 , it is hereby ORDERED that (1) Defendant shall file a renewed motion for summary judgment on or before June 25, 2023; (2) Plaintiff shall file an opposition to the renewed motion for summary judgment on or before August 9, 2023; and (3) Defendant shall file a reply in support of its motion on or before August 29, 2023. Signed by Judge Randolph D. Moss on 4/28/2023. (lcrdm2) (Entered: 04/28/2023) |
| 2023-06-25 | 64 | Third MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts, # 2 Declaration)(McBride, Patricia) (Entered: 06/25/2023) |
| 2023-06-28 | 65 | FOX/NEAL ORDER: Plaintiff is hereby ORDERED to respond to Defendant's renewed motion for summary judgment, Dkt. 6, on or before August 7, 2023. See document for details. Signed by Judge Randolph D. Moss on 6/28/2023. (lcrdm2) (Entered: 06/28/2023) |
| 2023-07-07 | 66 | MOTION for Leave to voluntarily Withdraw any complaint pertaining to FOIA Request # EOUSA-2020-003734 by ANTONIO U. AKEL. (Attachment: # 1 Exhibit)(zjm) (Entered: 07/11/2023) |
| 2023-07-14 | 67 | CROSS MOTION for Summary Judgment by ANTONIO U. AKEL. (Attachments: # 1 Declaration, # 2 Statement of Facts)(mg) (Entered: 07/17/2023) |
| 2023-07-14 | 68 | Memorandum in opposition to re 64 Motion for Summary Judgment filed by ANTONIO U. AKEL. (mg) (Entered: 07/17/2023) |
| 2023-08-25 | 69 | MOTION for Extension of Time to File Response/Reply by UNITED STATES DEPARTMENT OF JUSTICE. (McBride, Patricia) (Entered: 08/25/2023) |
| 2023-08-25 | | MINUTE ORDER: Upon consideration of Defendant's Motion for Enlargement of Time 69 , it is hereby ORDERED that the motion is GRANTED. Defendant shall file its reply on or before September 1, 2023. Signed by Judge Randolph D. Moss on 08/25/2023. (lcrdm2) (Entered: 08/25/2023) |
| 2023-09-01 | 70 | MOTION for Extension of Time to File Response/Reply by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(McBride, Patricia) (Entered: 09/01/2023) |
| 2023-09-04 | | MINUTE ORDER: Upon consideration of Defendant's Motion for Enlargement of Time 70 , it is hereby ORDERED that the motion is GRANTED. Defendant shall file its reply in support of its renewed motion for summary judgment and opposition to Plaintiff's cross-motion for summary judgment on or before September 7, 2023. Signed by Judge Randolph D. Moss on 9/4/23. (lcrdm2) (Entered: 09/04/2023) |
| 2023-09-06 | 71 | REPLY to opposition to motion re 64 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (McBride, Patricia) Modified on 10/4/2023 to correct docket link (zjm). (Entered: 09/06/2023) |
| 2023-09-06 | 72 | Memorandum in opposition to re 67 Motion for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (See Docket Entry 71 to view document) (zjm) (Entered: 09/06/2023) |
| 2023-09-06 | | NOTICE OF ERROR re 71 Reply to opposition to Motion; emailed to patricia.mcbride@usdoj.gov, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Notice of Corrected Docket Entry: Your entry has been modified as a courtesy. Please note the appropriate reminders for future filings; do not refile document, 2. Please note the following for future filings; do not refile document , 3. Counsel is reminded for two-part documents; second docket entry is required. (zjm, ) (Entered: 09/06/2023) |
| 2023-09-18 | 73 | MOTION for Leave to File Surreply by ANTONIO U. AKEL. (Attachment: # 1 Exhibit)(zjm) (Entered: 09/21/2023) |
| 2023-09-25 | | MINUTE ORDER: Upon consideration of Plaintiff's Motion for Leave to File Sur-reply, Dkt. 73 , it is hereby ORDERED that the motion is GRANTED, and the Sur-reply is deemed FILED. Signed by Judge Randolph D. Moss on 9/25/23. (lcrdm2) (Entered: 09/25/2023) |
| 2023-09-25 | 74 | SURREPLY to re 64 Third MOTION for Summary Judgment filed by ANTONIO U. AKEL. (Attachments: # 1 Exhibit)(zjm) (Entered: 10/04/2023) |
| 2024-03-04 | 75 | MEMORANDUM OPINION: For the reasons provided herein, the Court will DENY as moot Plaintiff's motion to partially withdraw his complaint, Dkt. 66, will GRANT Defendant's third motion for summary judgment, Dkt. 64, and will DENY Plaintiff's cross-motion for summary judgment, Dkt. 67. See document for details. Signed by Judge Randolph D. Moss on 3/4/24. (lcrdm2) (Entered: 03/04/2024) |
| 2024-03-04 | 76 | ORDER: For the reasons stated in the Court's Memorandum Opinion, Dkt. 75, it is hereby ORDERED that Plaintiff's motion to partially withdraw his complaint, Dkt. 66, is DENIED as moot; Defendant's third motion for summary judgment, Dkt. 64, is GRANTED; and Plaintiff's cross-motion for summary judgment, Dkt. 67, is DENIED. See document for details. The Clerk of Court is directed to terminate the case. Signed by Judge Randolph D. Moss on 3/4/24. (lcrdm2) (Entered: 03/04/2024) |
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