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Case TitleMalone v. United States Patent and Trademark Office
DistrictEastern District of Virginia
CityAlexandria
Case Number1:2023cv01075
Date Filed2023-08-15
Date ClosedOpen
JudgeDistrict Judge Claude M. Hilton
PlaintiffJosh Malone
Case DescriptionJosh Malone submitted a FOIA request to U.S. Patent and Trademark Office for records. The agency acknowledged receipt of the request. The agency originally charged Malone $1,830 in fees, which he paid. However, the fees were returned when the agency agreed to process the request without fees. However, after hearing nothing further from the agency, Malone filed suit.
Complaint issues: Failure to respond within statutory time limit, Fees - Commitment to pay, Litigation - Attorney's fees

DefendantUnited States Patent and Trademark Office
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [23]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-08-151Complaint ( Filing fee $ 402, receipt number AVAEDC-9077139.), filed by JOSH MALONE. (Attachments: # 1 Civil Cover Sheet)(Richins, Travis) (Entered: 08/15/2023)
2023-08-152Motion to appear Pro Hac Vice by Joshua White and Certification of Local Counsel Travis Richins Filing fee $ 75, receipt number AVAEDC-9077191. by JOSH MALONE. (Richins, Travis) (Entered: 08/15/2023)
2023-08-153Proposed Summons by JOSH MALONE. (Richins, Travis) (Entered: 08/15/2023)
2023-08-15Initial Case Assignment to District Judge Claude M. Hilton and Magistrate Judge Lindsey R. Vaala. (dvanm) (Entered: 08/16/2023)
2023-08-16Notice of Correction re 3 Proposed Summons. The filing user has been notified to submit proposed summons for the USAO and Attorney General. (dvanm) (Entered: 08/16/2023)
2023-08-164Proposed Summons to the US Attorney General by Josh Malone. (Richins, Travis) (Entered: 08/16/2023)
2023-08-165Proposed Summons on the US Attorney's Office for the EDVA by Josh Malone. (Richins, Travis) (Entered: 08/16/2023)
2023-08-186Summons Issued as to United States Patent and Trademark Office, U.S. Attorney and U.S. Attorney General. NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed as to USA or Summons Returned Unexecuted as to USA. (Attachments: # 1 Notice)(dvanm) (Entered: 08/18/2023)
2023-09-207ANSWER to Complaint by United States Patent and Trademark Office.(Wesnousky, Carolyn) (Entered: 09/20/2023)
2023-10-238SCHEDULING ORDER: Initial Pretrial Conference set for 11/8/2023 at 11:00 AM in Alexandria Courtroom 400 before Magistrate Judge Lindsey R. Vaala. Final Pretrial Conference set for 3/21/2024 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. Discovery due by 3/15/2024. Signed by District Judge Claude M. Hilton on 10/23/23. (Attachments: # 1 Pretrial Notice, # 2 Magistrate Judge Consent Form)(tarm) (Entered: 10/24/2023)
2023-10-269MOTION to Continue Pretrial Conference by Josh Malone. (Attachments: # 1 Proposed Order)(Richins, Travis) (Entered: 10/26/2023)
2023-10-2610ORDERED that the motion is GRANTED IN PART; and it is hereby ORDERED that the Pretrial Conference set for November 8, 2023 (ECF No. 8) is continued to Monday, November 20, 2023 at 9:30 a.m. and will be held telephonically. The undersigned's chambers will contact counsel regarding dial-in information for the telephonic conference. The parties' joint discovery plan must be filed by November 15, 2023. All other deadlines remain unchanged in re 9 MOTION to Continue Pretrial Conference. Signed by Magistrate Judge Lindsey R. Vaala on 10/26/2023. (jlan) (Entered: 10/27/2023)
2023-10-27Reset Hearing: Initial Pretrial Conference reset for 11/20/2023 at 09:30 AM in Alexandria Courtroom 400 before Magistrate Judge Lindsey R. Vaala. (jlan) (Entered: 10/27/2023)
2023-11-0911MOTION to Vacate Initial Scheduling Order and Enter a Briefing Schedule (Unopposed) by United States Patent and Trademark Office. (Attachments: # 1 Proposed Order)(Wesnousky, Carolyn) (Entered: 11/09/2023)
2023-11-1312ORDER granting 11 MOTION to Vacate Initial Scheduling Order and Enter a Briefing Schedule and it is ORDERED that the Court's initial scheduling order is VACATED; Defendant will file a motion for summary judgment on or before December 15, 2023. Plaintiff will file a motion for summary judgment, on or before February 9, 2024. Defendant will file a single memorandum containing reply arguments in further support of its motion for summary judgment, and in opposition to Plaintif's motion for summary judgment, on or before March 1, 2024; Plaintiff will file a reply memorandum of law in further support of his motion for summary judgment on or before 3/15/2024. Signed by District Judge Claude M. Hilton on 11/13/23. (tarm) (Entered: 11/13/2023)
2023-12-0813ORDER granting 2 Motion for Pro hac vice Appointed Joshua John White for Josh Malone. Signed by District Judge Claude M. Hilton on 12/8/2023. (swil) (Entered: 12/11/2023)
2023-12-1514MOTION for Summary Judgment by United States Patent and Trademark Office. (Wesnousky, Carolyn) (Entered: 12/15/2023)
2023-12-1515Memorandum in Support re 14 MOTION for Summary Judgment filed by United States Patent and Trademark Office. (Attachments: # 1 Agency Declaration)(Wesnousky, Carolyn) (Entered: 12/15/2023)
2023-12-1516NOTICE by United States Patent and Trademark Office of Waiver of Hearing (Wesnousky, Carolyn) (Entered: 12/15/2023)
2024-01-0217Motion to appear Pro Hac Vice by Brett Mangrum and Certification of Local Counsel Travis Richins Filing fee $ 75, receipt number AVAEDC-9289271. by Josh Malone. (Richins, Travis) (Entered: 01/02/2024)
2024-02-0918Cross MOTION for Summary Judgment by Josh Malone. (Richins, Travis) (Entered: 02/09/2024)
2024-02-0919Memorandum in Opposition to Defendant's Motion for Summary Judgment and in Support of Plaintiff's Cross-Motion for Summary Judgment to 14 MOTION for Summary Judgment , 18 Cross MOTION for Summary Judgment , 15 Memorandum in Support filed by Josh Malone. (Attachments: # 1 Affidavit Richins Declaration with Exhiibits, # 2 Exhibit Exhibit 7 - Proposed Discovery)(Richins, Travis) (Entered: 02/09/2024)
2024-02-12Notice of Correction re 18 Cross MOTION for Summary Judgment. The filing user has been notified to file a Notice of Hearing or a Waiver of Oral Argument. (dvanm) (Entered: 02/12/2024)
2024-02-1220NOTICE by Josh Malone re 19 Memorandum, 14 MOTION for Summary Judgment , 18 Cross MOTION for Summary Judgment , 15 Memorandum in Support Waiver of Oral Hearing . (Richins, Travis) (Entered: 02/12/2024)
2024-03-0121Reply to Motion re 14 MOTION for Summary Judgment , 18 Cross MOTION for Summary Judgment filed by United States Patent and Trademark Office. (Attachments: # 1 Exhibit)(Wesnousky, Carolyn) (Entered: 03/01/2024)
2024-03-1522REPLY to Response to Motion re 14 MOTION for Summary Judgment , 18 Cross MOTION for Summary Judgment filed by Josh Malone. (Richins, Travis) (Entered: 03/15/2024)
2024-04-1023MEMORANDUM OPINION in re Defendant United States Patent and Trademark Office's (USPTO or "Agency") Motion for Summary Judgment and Plaintiff Josh Malone's Cross-Motion for Summary Judgment. Signed by District Judge Claude M. Hilton on 4/10/2024. (dvanm) (Entered: 04/10/2024)
2024-04-1024ORDERED that Defendant's Motion for Summary Judgement is GRANTED IN PART and DENIED IN PART, and Plaintiff's Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART. It is further ORDERED that Defendant turn over the 2018 expanded panel list to Plaintiff subject to appropriate redactions. Signed by District Judge Claude M. Hilton on 4/10/2024. (dvanm) (Entered: 04/10/2024)
2024-08-2025ORDER granting 17 Motion for Pro hac vice Appointed Brett Mangrum for Josh Malone. Signed by District Judge Claude M. Hilton on 8/20/2024. (swil) (Entered: 08/20/2024)
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by FOIA Project Staff
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