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Case TitleNOLEN v. FEDERAL BUREAU OF INVESTIGATION et al
DistrictEastern District of Pennsylvania
CityPhiladelphia
Case Number2:2015cv05062
Date Filed2015-09-10
Date Closed2017-10-27
JudgeHONORABLE MICHAEL M. BAYLSON
PlaintiffAUSTIN NOLEN
Case DescriptionAustin Nolen, a writer for an alternative newspaper in Philadelphia, submitted five FOIA requests to the FBI. He appealed adverse denials of several requests to the Office of Information Policy. After the agency failed to respond to either his initial requests or his subsequent appeals, Nolen filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantFEDERAL BUREAU OF INVESTIGATION
DefendantEXECUTIVE OFFICE FOR U.S. ATTORNEYS
DefendantU.S. DEPARTMENT OF JUSTICE
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-09-101COMPLAINT against EXECUTIVE OFFICE FOR U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 127383.), filed by AUSTIN NOLEN.(rt) (Entered: 09/10/2015)
2015-09-10Summons Issued as to EXECUTIVE OFFICE FOR U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. Four Given To: Counsel and One Given to AUSA on September 10, 2015 (rt) (Entered: 09/10/2015)
2015-09-152Acceptance of Service by U.S. Attorney Re: accepted summons and complaint on behalf of the United States Attorney (only). (va, ) (Entered: 09/16/2015)
2015-09-223AFFIDAVIT of Service by Tuan N. Samahon re: served complaint and summons upon U.S. Attorney Memeger (EDPA) by certified mail on 9/15/2015 (SAMAHON, TUAN) (Entered: 09/22/2015)
2015-09-224AFFIDAVIT of Service by Tuan N. Samahon re: served complaint and summons upon U.S. Attorney General Loretta Lynch by certified mail on 9/15/2015 (SAMAHON, TUAN) (Entered: 09/22/2015)
2015-09-225AFFIDAVIT of Service by Tuan N. Samahon re: served complaint and summons upon Federal Bureau of Investigation (FBI) by certified mail on 9/15/2015 (SAMAHON, TUAN) (Entered: 09/22/2015)
2015-09-226AFFIDAVIT of Service by Tuan N. Samahon re: served complaint and summons upon Executive Office for U.S. Attorneys by certified mail on 9/15/2015 (SAMAHON, TUAN) (Entered: 09/22/2015)
2015-10-137NOTICE of Appearance by MICHAEL S. MACKO on behalf of EXECUTIVE OFFICE FOR U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE with Certificate of Service(MACKO, MICHAEL) (Entered: 10/13/2015)
2015-10-138Consent MOTION for Extension of Time to File a Response to Plaintiff's Complaint filed by EXECUTIVE OFFICE FOR U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE.Certificate of Counsel, Certificate of Service.(MACKO, MICHAEL) (Entered: 10/13/2015)
2015-10-149ORDER GRANTING DEFENDANTS' 8 MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO COMPLAINT TO 11/16/15. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 10/14/15. 10/14/15 ENTERED AND COPIES E-MAILED. (va, ) Modified on 10/15/2015 (md). (Entered: 10/14/2015)
2015-11-1610Defendants' ANSWER to 1 Complaint by EXECUTIVE OFFICE FOR U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE.(MACKO, MICHAEL) (Entered: 11/16/2015)
2015-11-1611NOTICE of Hearing: TELEPHONE CONFERENCE SET FOR 12/1/2015 04:45 AM IN JUDGE CHAMBERS BEFORE HONORABLE MICHAEL M. BAYLSON. PLAINTIFF TO INITIATE CALL. (Attachments: # 1 Supplement, # 2 Supplement)(jb, ) (Entered: 11/16/2015)
2015-12-0212STIPULATION AND ORDER THAT DEFENDANTS SHALL FILE A MOTION FOR SUMMARY JUDGMENT WITH SUPPORTING DECLARATIONS ON OR BEFORE 2/19/2016. PLAINTIFF SHALL FILE A CROSS MOTION FOR SUMMARY JUDGMENT AND BRIEF IN OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON OR BEFORE 4/1/2016, ETC. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 12/1/2015. 12/2/2015 ENTERED AND COPIES E-MAILED.(amas) (Entered: 12/02/2015)
2016-02-0813NOTICE of Appearance by LANDON Y. JONES on behalf of EXECUTIVE OFFICE FOR U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE with Certificate of Service(JONES, LANDON) (Entered: 02/08/2016)
2016-02-1114MOTION to Stay Proceedings (Unopposed) filed by EXECUTIVE OFFICE FOR U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE.Certificate of Counsel, Certificate of Service.(JONES, LANDON) (Entered: 02/11/2016)
2016-02-1115ORDER THAT THE DEFENDANTS' UNOPPOSED 14 MOTION TO STAY PROCEEDINGS IS GRANTED. THE CLERK OF THE COURT SHALL PLACE THIS MATTER IN CIVIL SUSPENSE FOR A PERIOD OF SIX MONTHS. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 2/11/16. 2/12/16 ENTERED AND COPIES E-MAILED. (va, ) (Entered: 02/12/2016)
2016-09-0716STIPULATION AND ORDER THAT THE COURT CONTINUE TO HOLD THIS MATTER IN THE CIVIL SUSPENSE FILE FOR A PERIOD OF SIX MONTHS--OR UNTIL FEBRUARY 20. 2017- TO ALLOW DEFENDANTS THE TIME NEEDED TO REVIEW AND PROCESS THESE ADDITIONAL DOCUMENTS. ETC. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 9/7/16. 9/7/16 ENTERED AND COPIES E-MAILED. (va, ) (Entered: 09/07/2016)
2017-01-0517NOTICE of Appearance by LAUREN E. DEBRUICKER on behalf of EXECUTIVE OFFICE FOR U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE with Certificate of Service(DEBRUICKER, LAUREN) (Entered: 01/05/2017)
2017-01-0618NOTICE of Withdrawal of Appearance by MICHAEL S. MACKO on behalf of EXECUTIVE OFFICE FOR U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE(MACKO, MICHAEL) (Entered: 01/06/2017)
2017-02-2719STATUS REPORT and Joint Proposal by All Parties by EXECUTIVE OFFICE FOR U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (DEBRUICKER, LAUREN) (Entered: 02/27/2017)
2017-03-0320ORDER THAT THIS CASE SHALL REMAIN IN THE CIVIL SUSPENSE FILE UNTIL FURTHER ORDER OF THE COURT. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 3/3/17. 3/3/17 ENTERED AND COPIES E-MAILED.(mbh, ) (Entered: 03/03/2017)
2017-04-1421Report Of Joint Status Report and Proposal by EXECUTIVE OFFICE FOR U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (JONES, LANDON) (Entered: 04/14/2017)
2017-08-0322STATUS REPORT (Joint) by EXECUTIVE OFFICE FOR U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (DEBRUICKER, LAUREN) (Entered: 08/03/2017)
2017-08-0723ORDER THAT THIS CASE BE REMOVED FROM THE CIVIL SUSPENSE FILE AND THE BRIEFING SCHEDULE FOR CROSS-MOTIONS FOR SUMMARY JUDGMENT IS APPROVED. MOTION FOR SUMMARY JUDGMENT DUE BY 9/7/2017. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 8/7/17. 8/7/17 ENTERED AND COPIES MAILED, E-MAILED. (va, ) (Entered: 08/07/2017)
2017-08-09Letter to Attorney BETH LYON re: L.R. 83.5 and 83.5.2. (eibo, ) (Entered: 08/09/2017)
2017-09-0724STATUS REPORT (JOINT) by AUSTIN NOLEN. (SAMAHON, TUAN) (Entered: 09/07/2017)
2017-09-2625STATUS REPORT by EXECUTIVE OFFICE FOR U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (JONES, LANDON) (Entered: 09/26/2017)
2017-10-2726STIPULATION AND ORDER DISMISSING CASE UNDER FEDERAL RULE OF CIVIL PROCEDURE 41 (A). THE DEFENDANTS' DISCLOSURES OF THE RECORDS SATISFY THE PLAINTIFFS FOLA CLAIMS FOR RELEASE OF RECORDS PREVIOUSLY WITHHELD. THE PLAINTIFFS CLAIMS FOR ATTORNEYS' FEES AND COSTS, WHICH ARE THE SUBJECT OF THIS ACTION, ARE SETTLED AGAINST THE DEFENDANTS FOR THE CONSIDERATION OF $14,895.40 IN SATISFACTION OF ALL CLAIMS FOR COSTS AND LEGAL FEES. IN ADDITION TO THE DEMAND FOR ATTORNEYS' FEES AND COSTS, THE PLAINTIFF RELEASES THE DEFENDANTS FROM ANY AND ALL CLAIMS, LIABILITIES, AND CAUSES OF ACTION STATED IN THE PLAINTIFF'S COMPLAINT. PAYMENT OF THE $14,895.40 SHALL BE WIRED PROMPTLY TO THE IOLTA ACCOUNT FOR PLAINTIFF'S COUNSEL AFTER RECEIPT BY THE DEFENDANTS' COUNSEL OF A COPY OF THE AGREEMENT APPROVED BY THE COURT. NO COURT SHALL CONSTRUE ANYTHING IN THE AGREEMENT AS AN ADMISSION OR CONCESSION OF LIABILITY BY THE DEFENDANTS CONCERNING ANY OF THE PLAINTIFF'S ALLEGATIONS IN THE COMPLAINT. THE AGREEMENT SHALL HAVE NEITHER PRECEDENTIAL VALUE NOR PRECLUSIVE EFFECT AND SHALL BE ADMISSIBLE IN NO OTHER ACTION OR PROCEEDING AS EVIDENCE FOR ANY PURPOSE EXCEPT IN AN ACTION OR PROCEEDING TO ENFORCE THE PARTIES' AGREEMENT. THE COURT RETAINS JURISDICTION TO ENFORCE THE PARTIES' AGREEMENT AS A CONDITION OF STIPULATED DISMISSAL. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 10/27/17. 10/30/17 ENTERED AND COPIES E-MAILED. (va, ) (Entered: 10/30/2017)
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