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Case TitlePRETZMAN v. MAYORKAS et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv02577
Date Filed2023-09-05
Date Closed2024-08-20
JudgeJudge Timothy J. Kelly
PlaintiffMINDY PRETZMAN
Case DescriptionMindy Pretzman submitted a FOIA request to the Department of Homeland Security for records concerning the disclosure of Pretzman's cell phone data, while she served as a Secret Service agent, as part the investigation of the storming of the capitol on January 6, 2021. The agency told Pretzman it considered her request was neither a FOIA nor a Privacy Act request. Pretzman filed an administrative appeal but after hearing nothing further from the agency, Pretzman filed suit.
Complaint issues: Failure to respond within statutory time limit, Fees

DefendantALEJANDRO NICHOLAS MAYORKAS in his official capacity as secretary of Homeland Security
DefendantALEJANDRO N. MAYORKAS in his official capacity as secretary of Homeland Security
DefendantJAMES M. MURRAY in his official capacity as Director, United States Secret Service
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Opinion/Order [21]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-09-051COMPLAINT against ALEJANDRO NICHOLAS MAYORKAS, JAMES MICHAEL MURPHY ( Filing fee $ 402 receipt number ADCDC-10325891) filed by Mindy Pretzman. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons)(Berger, Lawrence) (Attachment 1 replaced on 9/6/2023) (zljn). (Entered: 09/05/2023)
2023-09-052SEALED DOCUMENT filed by Mindy Pretzman(This document is SEALED and only available to authorized persons.)(Berger, Lawrence) (Entered: 09/05/2023)
2023-09-053CERTIFICATE OF SERVICE by Mindy Pretzman re 2 Sealed Document Notice of Plaintiff's Residence Address . (Berger, Lawrence) (Entered: 09/05/2023)
2023-09-06NOTICE OF ERROR re 1 Complaint; emailed to lberger@lbfedlaw.com, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Attorney is provisional. Please renew your membership. See https://www.dcd.uscourts.gov/attorney-renewal., 2. Missing summonses-government. When naming a government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue., 3. Missing/incorrect summonses. Please submit using the event Request for Summons to issue., 4. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zljn, ) (Entered: 09/06/2023)
2023-09-06RESOLVED...NOTICE of Provisional/Government Not Certified Status re 3 CERTIFICATE OF SERVICE by Mindy Pretzman re 2 Sealed Document Notice of Plaintiff's Residence Address . (Berger, Lawrence), 2 SEALED DOCUMENT filed by Mindy Pretzman(This document is SEALED and only available to authorized persons.)(Berger, Lawrence). Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 9/13/2023. (zmrl) Modified on 9/6/2023 (zmrl). (Entered: 09/06/2023)
2023-09-064REQUEST FOR SUMMONS TO ISSUE filed by MINDY PRETZMAN. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(Berger, Lawrence) (Entered: 09/06/2023)
2023-09-06Case Assigned to Judge Timothy J. Kelly. (zljn) (Entered: 09/06/2023)
2023-09-065SUMMONS (4) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zljn) (Entered: 09/06/2023)
2023-09-206RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ALEJANDRO NICHOLAS MAYORKAS served on 9/13/2023 (Attachments: # 1 Certificate of Service Certified Mail Receipts, # 2 Certificate of Service Proof of Receipt)(Berger, Lawrence); Modified docketing event on 9/22/2023 (ztth). (Entered: 09/20/2023)
2023-09-207RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JAMES M. MURRAY served on 9/13/2023 (Attachments: # 1 Certificate of Service Certified Mail Receipts, # 2 Certificate of Service Govt Defendant - Murray)(Berger, Lawrence) (Entered: 09/20/2023)
2023-09-208RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/14/2023. Answer due for ALL FEDERAL DEFENDANTS by 10/14/2023. (Attachments: # 1 Certificate of Service Certified Mail Receipts, # 2 Certificate of Service US ATTORNEY)(Berger, Lawrence) (Entered: 09/20/2023)
2023-09-209RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 09/14/2023. (Attachments: # 1 Certificate of Service Certified Mail Receipts, # 2 Certificate of Service US ATTORNEY GENERAL)(Berger, Lawrence) (Entered: 09/20/2023)
2023-10-1010NOTICE of Appearance by Christina O'Tousa on behalf of All Defendants (O'Tousa, Christina) (Entered: 10/10/2023)
2023-10-1011Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by ALEJANDRO NICHOLAS MAYORKAS, JAMES M. MURRAY. (O'Tousa, Christina) (Entered: 10/10/2023)
2023-10-12MINUTE ORDER granting Defendants' 11 Unopposed Motion to Extend Time to Respond to Complaint. It is hereby ORDERED, for good cause shown, that Defendants' 11 Unopposed Motion to Extend Time to Respond to Complaint is GRANTED. Defendants shall answer or otherwise respond to Plaintiff's complaint by November 22, 2023. Signed by Judge Timothy J. Kelly on 10/12/2023. (lctjk2) (Entered: 10/12/2023)
2023-10-1612NOTICE of Appearance by Elizabeth Murray Tulis on behalf of ALEJANDRO NICHOLAS MAYORKAS, JAMES M. MURRAY (Tulis, Elizabeth) (Entered: 10/16/2023)
2023-10-1613MOTION for Extension of Time to File Answer or Other Response to Complaint by ALEJANDRO NICHOLAS MAYORKAS, JAMES M. MURRAY. (Attachments: # 1 Text of Proposed Order)(Tulis, Elizabeth) (Entered: 10/16/2023)
2023-10-17MINUTE ORDER denying Defendants' 13 Motion for Extension of Time to Respond to Complaint as moot. On October 10, 2023, Defendants filed an 11 Unopposed Motion to Extend Time to Respond to Complaint, which the Court granted. See Minute Order of October 12, 2023. Defendants have now filed this 13 Motion seeking a similar extension. Because the Court has already granted Defendants an extension to answer or otherwise respond to Plaintiff's complaint by November 22, 2023, Defendants' 13 Motion is denied as moot. Signed by Judge Timothy J. Kelly on 10/17/2023. (lctjk2) (Entered: 10/17/2023)
2023-11-0714NOTICE OF WITHDRAWAL OF APPEARANCE as to ALEJANDRO NICHOLAS MAYORKAS, JAMES M. MURRAY. Attorney Christina O'Tousa terminated. (O'Tousa, Christina) (Entered: 11/07/2023)
2023-11-2115MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim on which Relief May Be Granted by ALEJANDRO NICHOLAS MAYORKAS, JAMES M. MURRAY. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Tawanna Brown, # 3 Exhibit A - Privacy Act Request, # 4 Exhibit B - Response to Privacy Act Request, # 5 Exhibit C - Administrative Appeal Letter, # 6 Exhibit D - Response to Administrative Appeal Letter, # 7 Text of Proposed Order)(Tulis, Elizabeth) (Entered: 11/21/2023)
2023-11-2716Consent MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss by MINDY PRETZMAN. (Attachments: # 1 Text of Proposed Order)(Berger, Lawrence) (Entered: 11/27/2023)
2023-11-28MINUTE ORDER granting Plaintiff's 16 Consent Motion for Extension of Time to File Response/Reply. Upon consideration of Plaintiff's 16 Motion, and for good cause shown, it is hereby ORDERED that the Motion is granted. It is further ORDERED that Plaintiff shall respond to the 15 Motion to Dismiss by January 5, 2024. It is further ORDERED that Defendants shall file any reply to Plaintiff's response by January 26, 2024. Signed by Judge Timothy J. Kelly on 11/28/2023. (lctjk2) (Entered: 11/28/2023)
2024-01-0217Consent MOTION for Extension of Time to File Response/Reply by MINDY PRETZMAN. (Attachments: # 1 Text of Proposed Order)(Berger, Lawrence) (Entered: 01/02/2024)
2024-01-05MINUTE ORDER granting Plaintiff's 17 Consent Motion for Extension of Time to File Response/Reply. Upon consideration of Plaintiff's 17 Motion, and for good cause shown, it is hereby ORDERED that the Motion is granted. It is further ORDERED that Plaintiff shall respond to Defendants' 15 Motion to Dismiss by February 5, 2024. It is further ORDERED that Defendants shall file any reply to Plaintiff's response by February 29, 2024. Signed by Judge Timothy J. Kelly on 1/5/2024. (lctjk2) (Entered: 01/05/2024)
2024-02-0518Memorandum in opposition to re 15 Motion to Dismiss/Lack of Jurisdiction, filed by MINDY PRETZMAN. (Attachments: # 1 Text of Proposed Order)(Berger, Lawrence) (Entered: 02/05/2024)
2024-02-2919REPLY to opposition to motion re 15 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim on which Relief May Be Granted filed by ALEJANDRO N. MAYORKAS, JAMES M. MURRAY. (Tulis, Elizabeth) (Entered: 02/29/2024)
2024-08-2020ORDER granting Defendants' 15 Motion to Dismiss and dismissing case. See Order for details. This is a final appealable Order. The Clerk of Court is directed to close the case. Signed by Judge Timothy J. Kelly on 8/20/2024. (lctjk2) (Entered: 08/20/2024)
2024-08-2021MEMORANDUM OPINION in support of 20 Order granting Defendants' 15 Motion to Dismiss and dismissing case. Signed by Judge Timothy J. Kelly on 8/20/2024. (lctjk2) (Entered: 08/20/2024)
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