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Case TitleChelmowski v. Federal Communication Commission
DistrictNorthern District of Illinois
CityChicago
Case Number1:2023cv15596
Date Filed2023-11-02
Date Closed2024-04-15
JudgeHonorable John J. Tharp, Jr
PlaintiffJames Chelmowski
Case DescriptionJames Chelmowski submitted a FOIA request to the Federal Communications Commission for records concerning his prior FOIA requests and appeals in 2015 to 2018. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Chelmowski filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantFederal Communication Commission ("FCC")
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-11-021RECEIVED Complaint and no copies by James Chelmowski. (Exhibits) (ph, ) (Entered: 11/02/2023)
2023-11-022CIVIL Cover Sheet. (ph, ) (Entered: 11/02/2023)
2023-11-02CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Young B. Kim. FEE DUE, NO INFORMA PAUPERIS APPLICATION SUBMITTED. Case assignment: Random assignment. (Civil Category 3). (ph, ) (Entered: 11/02/2023)
2023-11-02CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (ph, ) (Entered: 11/02/2023)
2023-11-02MAILED copy of the Clerk's Notice entry along with the Joint Consent Form to Plaintiff James Chelmowski. (ph, ) (Entered: 11/02/2023)
2023-11-094SUMMONS Issued as to Federal Communication Commission, U.S. Attorney, and U.S. Attorney General. (jn, ) (Entered: 11/09/2023)
2023-11-095COMPLAINT filed by James Chelmowski. (Exhibits). (jn, ) (Entered: 11/15/2023)
2023-12-286ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates) , any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice. (tg, ) (Entered: 12/28/2023)
2024-01-037DESIGNATION of Kurt N. Lindland as U.S. Attorney for Defendant Federal Communication Commission (Lindland, Kurt) (Entered: 01/03/2024)
2024-01-038MOTION by Defendant Federal Communication Commission for extension of time to file answer (Lindland, Kurt) (Entered: 01/03/2024)
2024-01-049MINUTE entry before the Honorable John J. Tharp, Jr:The defendant's motion for extension of time to answer or otherwise plead 8 is granted. The deadline for the defendant to answer or otherwise respond to the complaint is extended to 2/19/24. Mailed notice (air, ) (Entered: 01/04/2024)
2024-01-2510CERTIFICATE of Service Certificate of Service for Motion for Extension of Time to Answer by Kurt N. Lindland on behalf of Federal Communication Commission (Lindland, Kurt) (Entered: 01/25/2024)
2024-02-1411Entered in error by Kurt N. Lindland on behalf of Federal Communication Commission (Lindland, Kurt) Modified on 2/15/2024 (daj, ). (Entered: 02/14/2024)
2024-02-1412CERTIFICATE of Service Corrected Certificate of Service by Kurt N. Lindland on behalf of Federal Communication Commission (Lindland, Kurt) (Entered: 02/14/2024)
2024-02-1513NOTICE of Correction regarding certificate of service 11 . (daj, ) (Entered: 02/15/2024)
2024-02-2014MOTION by Defendant Federal Communication Commission to dismiss or alternatively, to transfer Venue or Stay in the Case (Lindland, Kurt) (Entered: 02/20/2024)
2024-02-2015Memorandum in Support of Defendant's Motion to Dismiss or transfer Venue or Stay the Case by Federal Communication Commission (Lindland, Kurt) (Entered: 02/20/2024)
2024-02-2116MINUTE entry before the Honorable John J. Tharp, Jr:The defendant FCC's motion to dismiss or alternatively transfer venue or stay the case 14 is under advisement. Plaintiff's response is due 3/6/24; reply due 3/20/24. Mailed notice (air, ) (Entered: 02/21/2024)
2024-03-0617CONSENT MOTION by Plaintiff James Chelmowski for extend time to respond to defendant's motion for dismiss or alternatively, to transfer venue or stay the case 14 . (Attachment: Proposed Order) (rc, ) (Entered: 03/06/2024)
2024-03-0818MINUTE entry before the Honorable John J. Tharp, Jr: Plaintiff's consent motion for extend [sic] time to respond to defendant's motion to dismiss or, alternatively, to transfer venue 17 is granted. His response is due 3/22/24; reply due 4/5/24. Mailed notice (air, ) (Entered: 03/08/2024)
2024-03-2019OPPOSITION by James Chelmowski to the defendant's motion for dismiss or alternatively, to transfer venue or stay the case and leave to amend pro se complaint if necessary (Exhibits) (Received via PDF Submission link in Box.com on 03/20/24)(lm, ) (Entered: 03/21/2024)
2024-04-0520REPLY by Defendant Federal Communication Commission Reply in Support of Defendant's Motion to Dismiss or alternatively to Transfer Venue or Stay the Case (Lindland, Kurt) (Entered: 04/05/2024)
2024-04-0521CERTIFICATE of Service by Defendant Federal Communication Commission regarding reply 20 (Lindland, Kurt) (Entered: 04/05/2024)
2024-04-1522ORDER Signed by the Honorable John J. Tharp, Jr on 4/15/2024: For the reasons set forth in the Statement below, the defendant's motion to dismiss or,alternatively, to transfer venue or stay the case 14 is granted. This action is dismissed without prejudice due to duplicative litigation. Civil Case Terminated. Mailed notice(air, ) (Entered: 04/15/2024)
2024-04-1523ORDER Signed by the Honorable John J. Tharp, Jr on 4/15/2024. Mailed notice(air, ) (Entered: 04/17/2024)
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by FOIA Project Staff
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