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Case TitleCrystal Nasha Rodgers v. Louis DeJoy et al
DistrictCentral District of California
CityWestern Division - Los Angeles
Case Number2:2021cv08190
Date Filed2021-10-15
Date Closed2023-11-06
JudgeJudge Fernando L. Aenlle-Rocha
PlaintiffCrystal Nasha Rodgers
Case DescriptionCrystal Nasha Rodgers submitted FOIA requests to the U.S. Postal Service for records concerning her EEOC complaint. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Rodgers filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search

DefendantLouis DeJoy in official capacity
DefendantPostmaster General
DefendantUnited States Postal Service
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-10-151COMPLAINT against Defendants Louis DeJoy, Postmaster General, United States Postal Service.Case assigned to Judge Fernando L. Aenlle-Rocha for all further proceedings. Discovery referred to Magistrate Judge Alexander F. MacKinnon. Jury Demanded, filed by Plaintiff Crystal Nasha Rodgers. (Attachments: # 1 Civil Cover Sheet) (lh) (Entered: 10/19/2021)
2021-10-152CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Crystal Nasha Rodgers, (lh) (Entered: 10/19/2021)
2021-10-153REQUEST to Proceed In Forma Pauperis with Declaration in Support filed by Plaintiff Crystal Nasha Rodgers. (lh) (Entered: 10/19/2021)
2021-10-194NOTICE OF ASSIGNMENT to District Judge Fernando L Aenlle-Rocha and Magistrate Judge Alexander F. MacKinnon. (lh) (Entered: 10/19/2021)
2021-10-195NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) (Entered: 10/19/2021)
2021-10-196Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) (Entered: 10/19/2021)
2021-10-207ORDER RE REQUEST TO PROCEED IN FORMA PAUPERIS by Magistrate Judge Alexander F. MacKinnon: IT IS ORDERED that the Request to Proceed in Forma pauperis is hereby GRANTED. Granting 3 REQUEST to Proceed in Forma Pauperis. (es) (Entered: 10/20/2021)
2021-10-218INITIAL STANDING ORDER upon filing of the complaint by Judge Fernando L. Aenlle-Rocha. (tf) (Entered: 10/21/2021)
2021-10-25960 DAY Summons Issued re Complaint - (Discovery), 1 as to defendants Louis DeJoy, Postmaster General, United States Postal Service. (lc) (Entered: 10/25/2021)
2022-01-0410(STRICKEN PER 8/12/22 ORDER DOCKET NO. 39). MOTION FOR SUMMARY JUDGMENT filed by plaintiff Crystal Nasha Rodgers. (lc) Modified on 8/12/2022 (lc). (Entered: 01/04/2022)
2022-01-0411REQUEST for Entry of Default against Luis Dejoy (inofficial capacity) Postmaster General United States Postal Service, et al Louis DeJoy, Postmaster General, United States Postal Service, REQUEST for Default Judgment against Luis Dejoy (inofficial capacity) Postmaster General United States Postal Service, et al defendants in amount of $2,317,061.18 filed by plaintiff Crystal Nasha Rodgers. (lc) (Entered: 01/05/2022)
2022-01-0412DECLARATION AND MEMORANDUM OF POINTS AND AUTHORITIES in Support o Default Judgment against defendants Luis Dejoy (inofficial capacity) Postmaster General United States Postal Service, et al 11 filed by Plaintiff Crystal Nasha Rodgers. (lc) (Entered: 01/05/2022)
2022-01-04EXHIBIT 1 TO DOCKET NO. 12 - FILED STAMPED NOVEMBER 8 2021-PROOF OF SERVICE Executed by Plaintiff Crystal Nasha Rodgers, upon Defendant Louis DeJoy served on 10/25/2021, answer due 12/24/2021. Service of the Summons and Complaint were NOT executed upon the United States Attorneys Office which was NOT served. The Attorney Generals Office of the United States was NOT served. The officer agency or corporation was NOT served. Service was executed in compliance with California Code of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. (lc) Modified on 1/5/2022 (lc). (Entered: 01/05/2022)
2022-01-0513NOTICE OF DEFICIENCY Re: REQUEST for Entry of Default against Luis Dejoy (inofficial capacity) Postmaster General United States Postal Service, et al Louis DeJoy, Postmaster General, United States Postal Service REQUEST for Default Judgment against Luis Dejoy (inofficial capacity) Postmaster General United States Postal Service, et al defendants 11 . The Clerk cannot enter the requested relief as: No proof of service/waiver of service on file. The name of the person served does not exactly match the person named in complaint. Proof of Service is lacking required information. Time to respond has not expired. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. Missing Proof on US Attorney General and US Attorney (FRCP4).No Entry of Default on file. The name of the person for which Default Judgment is requested does not exactly match the person named in the complaint. No judgment by default may be entered by the Clerk against the United States or an incompetent person. Amount sought is not for a sum certain or cannot be computed to a sum certain. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default judgment reconsidered. IF and ONLY after default is entered filer must file proper formatted documents to be heard by the Judge. (lc) Modified on 1/5/2022 (lc). (Entered: 01/05/2022)
2022-01-0514NOTICE OF CLERICAL ERROR: Due to clerical error Re: NOTICE OF MOTION AND MOTION for Summary Judgment 10 , Memorandum in Support of Motion 12 , REQUEST for Entry of Default against Luis Dejoy (inofficial capacity) Postmaster General United States Postal Service, et al Louis DeJoy, Postmaster General, United States Postal Service REQUEST for Default Judgment against Luis Dejoy (inofficial capacity) Postmaster General United States Postal Service, et al defendants 11 (docketed as 1/4/22, filed stamped 1/4/23). SEE ATTACHED DOCUMENTS WITH CORRECT DATE AS TO YEAR: JANUARY 4, 2022 ) (lc) (Entered: 01/05/2022)
2022-01-1015PROOF OF SERVICE Executed by Plaintiff Crystal Nasha Rodgers, upon Defendant Louis DeJoy served by mail : Fed Ex Priority Overnight on 1/4/2022, answer due 3/7/2022. Service of the Summons and Complaint; and CV100, motion for summary judgment and memorandum support. Service was executed in compliance with California Code of Civil Procedure. See document for postage paid receipts and tracking delivery confirmation on 1/5/22. (lc) Modified on 1/10/2022 (lc). (Entered: 01/10/2022)
2022-01-2016PROOF OF CERTIFIED MAIL SERVICE ON JANUARY 11, 2022 Executed by Plaintiff Crystal Nasha Rodgers upon Defendant Louis DeJoy(official capacity); Postmaster General and United States Postal Service STAMPED "RECEIVED OFFICE OF PMG" ON 1/14/2022, answer due 3/15/2022; Service of the Summons and Complaint were executed upon the United States Attorneys Office, Los Angeles, Received by Oscar Ortiz on 1/12/22, answer due 3/14/2022. Executed upon the Attorney Generals Office of the United States Received stamp by Illegible signature stamp received 1/14/2022 (see document re signature), answer due 3/14/2022. Executed upon the officer agency or corporation by delivering a copy to Service was executed in compliance with statute not specified. Certified mail return receipts attached. (lc) Modified on 1/20/2022 (lc). Modified on 1/20/2022 (lc). (Entered: 01/20/2022)
2022-01-2017(SECOND) PROOF OF CERTIFIED MAIL SERVICE ON JANUARY 11, 2022 Executed by Plaintiff Crystal Nasha Rodgers upon Defendant Louis DeJoy(official capacity); Postmaster General and United States Postal Service STAMPED "RECEIVED OFFICE OF PMG" ON 1/14/2022, answer due 3/15/2022; Service of the Summons and Complaint were executed upon the United States Attorneys Office, Los Angeles, Received by Oscar Ortiz on 1/12/22, answer due 3/14/2022. Executed upon the Attorney Generals Office of the United States Received stamp by Illegible signature stamp received 1/14/2022 (see document re signature), answer due 3/14/2022. Executed upon the officer agency or corporation by delivering a copy to Service was executed in compliance with statute not specified. Certified mail return receipts attached. (lc) (Entered: 01/20/2022)
2022-02-2218PROOF OF SERVICE Executed by Plaintiff Crystal Nasha Rodgers. Service of the Summons and Complaint were executed upon the United States Attorneys Office, Los Angeles by received stamp by Oscar Ortez on 2/9/2022, Answer due 4/11/2022. Executed upon the Attorney Generals Office of the United States,Washington, DC received stamp by Illegible Name Stamp dated 2/12/2022. Service was executed in compliance with statute not specified. Certified mail return receipts attached. (lc) (Entered: 02/23/2022)
2022-03-0819PROOF OF SERVICE Executed by Plaintiff Crystal Nasha Rodgers, upon Defendants (not named) on 2/28/2022, answer due 4/29/2022; Service of the Summons and Complaint were executed upon the Civil Process Clerk, Office of US Attorney, by certified mail signed by C. Veloz.. Service was executed in compliance with statute not specified.Registered or certified mail return receipt attached. (lc) (Entered: 03/08/2022)
2022-03-2820STIPULATION Extending Time to Answer the complaint as to All Defendants, re Complaint - (Discovery), 1 filed by Defendant United States Postal Service, Postmaster General, Louis DeJoy.(Attorney Matthew Jimenez Barragan added to party Louis DeJoy(pty:dft), Attorney Matthew Jimenez Barragan added to party Postmaster General(pty:dft), Attorney Matthew Jimenez Barragan added to party United States Postal Service(pty:dft))(Barragan, Matthew) (Entered: 03/28/2022)
2022-03-3121NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Louis DeJoy, Postmaster General, United States Postal Service. Motion set for hearing on 5/27/2022 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: # 1 Declaration of Adela Silber, Manager, Consumer Affairs, California 5 District, # 2 Exhibit A (Plaintiffs FOIA Request), # 3 Exhibit B (USPSs Response), # 4 Proposed Order) (Barragan, Matthew) (Entered: 03/31/2022)
2022-03-3122PROOF OF SERVICE filed by Defendant Louis DeJoy, Postmaster General, United States Postal Service, re NOTICE OF MOTION AND MOTION to Dismiss Case 21 served on 3/31/2022. (Barragan, Matthew) (Entered: 03/31/2022)
2022-04-0123ORDER SETTING SCHEDULING CONFERENCE by Judge Fernando L. Aenlle-Rocha. Scheduling Conference set for 6/17/2022 at 01:00 PM before Judge Fernando L. Aenlle-Rocha. (tf) (Entered: 04/01/2022)
2022-04-0424RESPONSE IN OPPOSITION TO DEFENDANT'S MOTION TO DISMISS; FILED CONCURRENTLY WITHSUMMARY JUDGMENT 21 filed by Plaintiff Crystal Nasha Rodgers. (lc) (Entered: 04/15/2022)
2022-04-0425STRICKEN, see docket entry no. 38 - MOTION FOR SUMMARY JUDGMENT filed by plaintiff Crystal Nasha Rodgers. (lc) Modified on 8/16/2022 (lom). (Entered: 04/15/2022)
2022-04-1826PROOF OF MAIL SERVICE re Response in Opposition to Motion to Dismiss along with plaintiff's Motion for Summary Judgment 24 , 25 served Louis DeJoy et al and US Attorney General on 4/4/22 filed by plaintiff Crystal Nasha Rodgers (Entered: 04/22/2022)
2022-04-1827PROOF OF MAIL SERVICE re Response in Opposition to Motion to Dismiss along with plaintiff's Motion for Summary Judgment 24 , 25 served U.S. Attorney General (Los Angeles) by plaintiff Crystal Nasha Rodgers (lc) (Entered: 04/22/2022)
2022-05-0428STIPULATION to Continue hearing on the Defendants Motion to Dismiss Plaintiffs Complaint (Dkt. No. 21) from May 27, 2022 at 1:30 p.m. to June 17, 2022 at 1:30 p.m. Re: NOTICE OF MOTION AND MOTION to Dismiss Case 21 filed by Defendant Louis DeJoy, Postmaster General, United States Postal Service. (Attachments: # 1 Proposed Order)(Barragan, Matthew) (Entered: 05/04/2022)
2022-05-0529PROOF OF SERVICE filed by Defendant Louis DeJoy, Postmaster General, United States Postal Service, re Stipulation to Continue, 28 served on 5/5/2022. (Barragan, Matthew) (Entered: 05/05/2022)
2022-05-1130ORDER ON STIPULATION CONTINUING HEARING ON DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT 28 by Judge Fernando L. Aenlle-Rocha: The court CONTINUES the hearing on Defendant Louis DeJoy's Motion to Dismiss Plaintiff'sComplaint 21 , to June 17, 2022 at 1:30 p.m. The briefing schedule on the Motion to Dismiss is to remain unchanged, and Defendant's Reply remains due on or before May 13, 2022. (lc) (Entered: 05/11/2022)
2022-05-1331REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss Case 21 filed by Defendants Louis DeJoy, Postmaster General, United States Postal Service. (Barragan, Matthew) (Entered: 05/13/2022)
2022-05-1332PROOF OF SERVICE filed by Defendant Louis DeJoy, Postmaster General, United States Postal Service, re Reply (Motion related) 31 served on 5/13/2022. (Barragan, Matthew) (Entered: 05/13/2022)
2022-06-0333JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 1-2 days, filed by Defendants Louis DeJoy, Postmaster General, United States Postal Service.. (Attachments: # 1 Schedule of Pretrial and Trial Dates Worksheet)(Barragan, Matthew) (Entered: 06/03/2022)
2022-06-0834(IN CHAMBERS) ORDER by Fernando L. Aenlle-Rocha: The court has reviewed the Joint Rule 26(f) Report submitted by the parties, and determines that an in-person Scheduling Conference is unnecessary. Accordingly, the court VACATES the June 17, 2022, Scheduling Conference. Order to issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY (Entered: 06/08/2022)
2022-06-0835ORDER RE: SCHEDULE OF PRETRIAL AND TRIAL DATES, TRIAL REQUIREMENTS, AND CONDUCT OF ATTORNEYS AND PARTIES by Judge Fernando L. Aenlle-Rocha: The Scheduling Order governing this action is set forth in the Schedule ofPretrial Dates chart below. As this is an action brought under the Freedom ofInformation Act, if required, the court will set additional dates for discovery,mediation, and/or trial after the court rules on dispositive motions.If the parties seek to set additional dates, they may file a Stipulation andProposed Order. Last Date to Hear Motion to Amend Pleadings or Add Parties [Friday] 9/16/2022. Last Date to Hear Motions [Friday] 10/28/2022; Rule 56 Motion due at least 5 weeks before hearing; Opposition due 2 weeks after Motion is filed. Reply due 1 week after Opposition is filed:. (lc) Modified on 8/4/2022 (lom). Modified on 8/16/2022 (lom). (Entered: 06/08/2022)
2022-06-1036TEXT ENTRY (IN CHAMBERS) ORDER TAKING DEFENDANT LOUIS DeJOY, POSTMASTER GENERAL, UNITED STATES POSTAL SERVICE' MOTION TO DISMISS CASE (DKT. 21 ) UNDER SUBMISSION by Judge Fernando L. Aenlle-Rocha: The court finds that the Motion to dismiss Case currently scheduled for hearing on June 17, 2022, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, this motion is taken UNDER SUBMISSION and the hearing is vacated. The court expects the parties to continue litigating this action diligently, while awaiting the court's ruling on this motion. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY (Entered: 06/10/2022)
2022-08-0337STRICKEN, see docket entry no. 38 - PLAINTIFF'S MOTION FOR SUMMARY JUDGEMENT filed by Plaintiff Crystal Nasha Rodgers. (lom) Modified on 8/4/2022 (lom). (Entered: 08/03/2022)
2022-08-0438ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT(S) by Judge Fernando L. Aenlle-Rocha: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: NOTICE OF MOTION AND MOTION for Summary Judgment 37 , NOTICE OF MOTION AND MOTION for Summary Judgment 25 , for the following reasons: Hearing information is missing, incorrect, or not timely; Proposed Document was not submitted as separate attachment. In advance of filing a Motion for Summary Judgment a date shall be reserved by emailing the courtroom deputy for a hearing date. Please review this court's Initial Standing Order (dkt. 8 ). (lom) (Entered: 08/04/2022)
2022-08-1239ORDER by Judge Fernando L. Aenlle-Rocha: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: MOTION for Summary Judgment 10 , for the following reasons: Hearing information is missing, incorrect, or not timely; In advance of filing a Motion for Summary Judgment a date shall be reserved by emailing the courtroom deputy for a hearing date. Please review this court's Initial Standing Order. (dkt. 8 ). (lc) (Entered: 08/12/2022)
2022-08-1241FOR COURT USE ONLY: STATISTICAL CORRECTION striking Motion for for Summary Judgment 25 , see order 38 . (lom) (Entered: 08/16/2022)
2022-08-1540FOR COURT USE ONLY: STATISTICAL CORRECTION striking Motion for for Summary Judgment 37 , see order 38 . (lom) Modified on 8/15/2022 (lom). (Entered: 08/15/2022)
2022-08-1942MOTION FOR SUMMARY JUDGMENT filed by plaintiff Crystal Nasha Rodgers. Motion set for hearing on 9/23/2022 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (lc) (Entered: 08/19/2022)
2022-09-1943PROOF OF SERVICE BY MAIL re NOTICE OF MOTION AND MOTION for Summary Judgment 42 served on 8/19/22 filed by plaintiff Crystal Nasha Rodgers. (lc) (Entered: 09/19/2022)
2022-09-2144TEXT ENTRY (IN CHAMBERS) ORDER TAKING PLAINTIFF CRYSTAL NASHA RODGERS'S MOTION FOR SUMMARY JUDGMENT (DKT. 42 ) UNDER SUBMISSION by Judge Fernando L. Aenlle-Rocha: The court finds that the Motion for Summary Judgment currently scheduled for hearing on September 23, 2022, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, this motion is taken UNDER SUBMISSION and the hearing is vacated. The court expects the parties to continue litigating this action diligently, while awaiting the court's ruling on this motion. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY (Entered: 09/21/2022)
2023-09-2545ORDER GRANTING DEFENDANT LOUIS DEJOYS MOTION TO DISMISS PLAINTIFF'S COMPLAINT 21 AND DENYING PLAINTIFFS MOTION FOR SUMMARY JUDGMENT AS MOOT 42 by Judge Fernando L. Aenlle-Rocha: The court GRANTS the Motion and DISMISSES the Complaint, finding Defendant DeJoy is not subject to suit under FOIA. Plaintiff shall have thirty (30) days' leave to file an amended complaint asserting claims against non-party the United States Postal Service. Failure to file an amended complaint timely will result in the administrative closure of this action without further notice. Plaintiff's Motion for Summary Judgment is DENIED as moot. (lc) (Entered: 09/26/2023)
2023-11-0646MINUTE ORDER IN CHAMBERS by Judge Fernando L. Aenlle-Rocha: ORDER CLOSING ACTION 45 . On September 25, 2023, the court granted Defendant Louis DeJoy's Motion to Dismiss Plaintiffs Complaint, finding Defendant is not subject to suit under the Freedom of Information Act, 5 U.S.C. § 552. Plaintiff was granted thirty (30) days' leave to file an amended complaint and warned that failure to file an amended complaint timely would result in the administrative closure of this action without further notice. Plaintiff did not file an amended complaint timely. Accordingly, the court dismisses and administratively closes the action.. (Made JS-6. Case Terminated.) (lc) Modified on 11/6/2023 (lc). (Entered: 11/06/2023)
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