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Case TitleManigaulte v. U.S. Department of Energy
DistrictDistrict of Connecticut
CityNew Haven
Case Number3:2023cv01528
Date Filed2023-11-20
Date ClosedOpen
JudgeJudge Omar A. Williams
PlaintiffJohn Carlo Manigaulte
Case DescriptionJohn Manigaulte submitted a FOIA request to the Department of Energy for records concerning analog digital meters. He also requested expedited processing because he was disabled. The agency acknowledged receipt of the request. DOE denied Manigaulte's request for expedited processing. Manigaulte filed an administrative appeal of the denial. After the agency failed to respond, Manigaulte filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Public Interest Fee Waiver, Expedited processing, Litigation - Recovery of Costs

DefendantU.S. Department of Energy
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-11-201COMPLAINT against U.S. Department of Energy, filed by John C Manigaulte. (Attachments: # 1 Envelope) (Peterson, M) (Entered: 11/21/2023)
2023-11-202MOTION for Leave to Proceed in forma pauperis by John C Manigaulte. (Peterson, M) (Entered: 11/21/2023)
2023-11-203Notice: Pursuant to Federal Rule of Civil Procedure 7.1, a disclosure statement must be filed with a party's first appearance, pleading, petition, motion, response, or other request addressed to the Court and must be supplemented if any required information changes during the case. Signed by Clerk on 11/20/2023. (Peterson, M) (Entered: 11/21/2023)
2023-11-20Judge Robert N. Chatigny and Judge S. Dave Vatti added. (Johnson, D.) (Entered: 11/21/2023)
2023-11-204STANDING PROTECTIVE ORDER Signed by Judge Robert N. Chatigny on 11/20/2023.(Gaskins, A) (Entered: 11/21/2023)
2023-11-205ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Robert N. Chatigny on 11/20/2023.(Gaskins, A.) (Entered: 11/21/2023)
2023-11-22Case Reassigned to Judge Sarala V. Nagala and Judge Robert A. Richardson. Judge Robert N. Chatigny, Judge S. Dave Vatti no longer assigned to the case. (Johnson, D.) (Entered: 11/22/2023)
2023-11-296ORDER OF TRANSFER. Case reassigned to Judge Omar A. Williams for all further proceedings. Signed by Judge Sarala V. Nagala on 11-29-2023. (Shafer, J.) (Entered: 11/29/2023)
2023-11-297ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Omar A. Williams on 11/29/23. (Velez, Frances) (Entered: 11/29/2023)
2024-03-058MOTION to Compel Documents from Doe via An Expedited FOIA Request Based on Research Regarding Serious Problems with Digital Electric "Smart Meter" Accuracy by John C Manigaulte. Responses due by 3/26/2024. (Attachments: # 1 Attachments, # 2 Envelope) (Peterson, M) (Entered: 03/05/2024)
2024-03-069ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Plaintiff has filed a motion for leave to proceed in forma pauperis ; in other words, he seeks to commence a federal lawsuit without pre-paying the filing fee of $402.00. ECF No. 2 . Federal law permits a plaintiff to commence a civil action without prepayment of fees, costs, or security if the plaintiff is unable to pay such fees, costs, or security. See 28 U.S.C. § 1915. In the financial affidavit accompanying his motion, Plaintiff represents that he receives supplemental security income from the Social Security Administration in the amount of $1,194.00 per month. ECF No. 2 , at 3. Plaintiff's monthly expenses are $1,128.44 for, among other things, his rent, utilities, food, and medical expenditures. See id. at 4. Plaintiff has $1466.91 in his checking account, and no savings. See id. Accordingly, the court finds that Plaintiff has demonstrated an inability to pay the court's filing fee. The motion for leave to proceed in forma pauperis hereby is granted. The granting of Plaintiff's motion means that Plaintiff is permitted to initiate his civil suit without prepayment of the court's filing fee of $402. To proceed in this action, Plaintiff must serve upon Defendant the complaint. The Clerk of Court is instructed to please submit to Plaintiff instructions regarding service. Signed by Judge Omar A. Williams on 03/06/2024. (Kim, Hyo June) (Entered: 03/06/2024)
2024-03-0710ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *U.S. Department of Energy* with answer to complaint due within *60* days. *John C Manigaulte* *66 Franklin Sq., Apt. 2-D* *New Britain, CT 06051-2615*. (Peterson, M) (Entered: 03/07/2024)
2024-03-0711USM 285 forms together with Summons and all instructions mailed to IFP plaintiff to complete and return to Clerk's office. (Peterson, M) (Entered: 03/07/2024)
2024-03-0712Standing Order to Litigants Regarding Letters to the Court Signed by Judge Omar A. Williams on 3/7/2024. (Peterson, M) (Entered: 03/07/2024)
2024-04-0213Consent to Electronic Notice by John C Manigaulte (Attachments: # 1 Envelope) (Peterson, M) (Entered: 04/02/2024)
2024-04-0214MOTION by Self-Represented Litigant to Participate in Electronic Filing by John C Manigaulte. (Peterson, M) (Entered: 04/02/2024)
2024-04-0315NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of 7 Electronic Filing Order, 2 MOTION for Leave to Proceed in forma pauperis filed by John C Manigaulte, 3 Notice re: Disclosure Statement, 5 Electronic Filing Order, 4 Protective Order, 1 Complaint filed by John C Manigaulte Signed by Clerk on 4/3/2024. (Peterson, M) (Entered: 04/03/2024)
2024-04-05USM 285 forms together with Summons, Complaint, OPTD, Order granting IFP reviewed and sent to USM for service on defendant(s) U.S. Department of Energy. Copies also sent to USAG, USAO. (Peterson, M) (Entered: 04/05/2024)
2024-05-0217SUMMONS Returned Executed U.S. Department of Energy served on 5/2/2024, answer due 7/1/2024. (Attachments: # 1 USM Return from USAO) (Peterson, M) (Entered: 05/10/2024)
2024-05-0616ORDER granting 14 Motion to Participate in Electronic Filing. Signed by Judge Omar A. Williams on 05/06/2024. Self-represented filers are required to Comply with the Standard Electronic Filing Order Docketed at Case Opening. (Kim, Hyo June) Modified on 5/8/2024 to add language (Velez, F). (Entered: 05/06/2024)
2024-05-08Docket Entry Correction re 16 Order on Motion to Participate in Electronic Filing: added additional text. (Velez, F) (Entered: 05/08/2024)
2024-05-3118NOTICE of Appearance by Michelle Lynn McConaghy on behalf of U.S. Department of Energy (McConaghy, Michelle) (Entered: 05/31/2024)
2024-05-3119ANSWER to 1 Complaint with Affirmative Defenses by U.S. Department of Energy.(McConaghy, Michelle) (Entered: 05/31/2024)
2024-07-1620SUMMONS Returned Executed; U.S. Department of Energy served on 7/15/2024 by John Carlo Manigaulte. (Peterson, M) (Entered: 07/17/2024)
2024-07-2421MOTION for Summary Judgment by U.S. Department of Energy.Responses due by 8/14/2024 (Attachments: # 1 Memorandum in Support, # 2 Statement of Material Facts, # 3 Declaration, # 4 Exhibit 1-A - FOIA Request, # 5 Exhibit 1-B - Interim Response, # 6 Exhibit 1-C - Correspondence with EERE, # 7 Exhibit 1-D - Correspondence with OE, # 8 Exhibit 1 - E - Correspondence with EIA, # 9 Exhibit 1-F - Final Response Letter, # 10 Notice to Pro Se Litigant, # 11 Copies of Rule 56 and Local Rule 56)(McConaghy, Michelle) (Entered: 07/24/2024)
2024-07-3022First RESPONSE re 21 MOTION for Summary Judgment filed by John Carlo Manigaulte. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Manigaulte, John) (Entered: 07/30/2024)
2024-08-1423REPLY to Response to 21 MOTION for Summary Judgment filed by U.S. Department of Energy. (Attachments: # 1 Statement of Material Facts - Rule 56(a)3 Statement)(McConaghy, Michelle) (Entered: 08/14/2024)
2024-08-1624First OBJECTION re 23 Reply to Response to Motion Defendant's Local Rule 56(a)3 Statement filed by John Carlo Manigaulte. (Manigaulte, John) (Entered: 08/16/2024)
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