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Case TitleMARTINEZ v. U.S. DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv02538
Date Filed2019-08-22
Date ClosedOpen
JudgeJudge Randolph D. Moss
PlaintiffFREDDY MARTINEZ
Case DescriptionFreddy Martinez, a journalist, submitted a FOIA request to the FBI for records concerning the shooting of teenager Laquan McDonald by Chicago Police Officer Jason Van Dyke. The agency acknowledged receipt of the request. The agency denied the request entirely under Exemption 7(A) (interference with ongoing investigation or proceeding). Martinez filed an administrative appeal. The agency denied his appeal. Martinez then filed suit.
Complaint issues: Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF JUSTICE
DefendantFEDERAL BUREAU OF INVESTIGATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-08-221COMPLAINT against FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-6337305) filed by FREDDY MARTINEZ. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit Civil Cover Sheet, # 7 Summons)(Topic, Matthew) (Entered: 08/22/2019)
2019-08-222NOTICE of Appearance by Matthew Topic on behalf of FREDDY MARTINEZ (Topic, Matthew) (Entered: 08/22/2019)
2019-08-223NOTICE of Appearance by Merrick Jason Wayne on behalf of FREDDY MARTINEZ (Wayne, Merrick) (Entered: 08/22/2019)
2019-08-27Case Assigned to Judge Randolph D. Moss. (zeg) (Entered: 08/27/2019)
2019-08-274SUMMONS (4) Issued Electronically as to FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zeg) (Entered: 08/27/2019)
2019-08-295STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 08/29/19. (lcrdm3, ) (Entered: 08/29/2019)
2019-09-166NOTICE of Appearance by Marsha Wellknown Yee on behalf of FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Yee, Marsha) (Entered: 09/16/2019)
2019-09-187RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 9/3/2019 (Topic, Matthew) (Entered: 09/18/2019)
2019-09-188RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 9/3/2019 (Topic, Matthew) (Entered: 09/18/2019)
2019-09-189RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/3/2019. (Topic, Matthew) (Entered: 09/18/2019)
2019-09-1810RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/3/2019. Answer due for ALL FEDERAL DEFENDANTS by 10/3/2019. (Topic, Matthew) (Entered: 09/18/2019)
2019-10-0311ANSWER to Complaint by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE.(Yee, Marsha) (Entered: 10/03/2019)
2019-10-03MINUTE ORDER: The parties are hereby ORDERED to appear at an Initial Scheduling Conference on October 24, 2019 at 11:00 a.m. in Courtroom 21. It is further ORDERED that the parties shall confer in advance of the Initial Scheduling Conference on (1) whether any records can be released, and (2) the proper next steps in this litigation. Signed by Judge Randolph D. Moss on 10/3/19. (lcrdm3, ) (Entered: 10/03/2019)
2019-10-03Set/Reset Hearings: Initial Scheduling Conference set for 10/24/2019 at 11:00 AM in Courtroom 28A before Judge Randolph D. Moss. (dot) (Entered: 10/04/2019)
2019-10-2212MOTION for Leave to Appear by Telephone Unopposed Motion to Conduct Initial Scheduling Conference Telephonically by FREDDY MARTINEZ (Attachments: # 1 Text of Proposed Order)(Burday, Joshua) (Entered: 10/22/2019)
2019-10-23MINUTE ORDER: Upon consideration of Plaintiff's motion for leave to appear by telephone 12 , it is hereby ORDERED that the motion is GRANTED. Signed by Judge Randolph D. Moss on 10/23/19. (lcrdm3, ) (Entered: 10/23/2019)
2019-10-24Minute Entry for proceedings held before Judge Randolph D. Moss: Initial Scheduling Conference held on 10/24/2019. Joint Status Report due by 11/21/2019. (Court Reporter: Jeff Hook.) (kt) (Entered: 10/24/2019)
2019-11-2113Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Yee, Marsha) (Entered: 11/21/2019)
2019-11-25MINUTE ORDER: In light of the parties' joint status report 13 , it is hereby ORDERED that the parties shall file a further joint status report on or before March 19, 2020. Signed by Judge Randolph D. Moss on 11/25/19. (lcrdm3, ) (Entered: 11/25/2019)
2020-03-1914Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Yee, Marsha) (Entered: 03/19/2020)
2020-03-3015Unopposed MOTION to Stay Proceedings Until April 28, 2020 by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Michael G. Seidel Decl. dated Mar. 27, 2020, # 2 Text of Proposed Order)(Yee, Marsha) (Entered: 03/30/2020)
2020-04-2816STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 David M. Hardy Decl. dated Apr. 24, 2020)(Yee, Marsha) (Entered: 04/28/2020)
2020-06-09MINUTE ORDER: Upon consideration of Defendant's unopposed motion to stay 15 , it is hereby ORDERED that the case is STAYED in light of the COVID-19 pandemic's impact on the FBI's ability to process records in response to Plaintiff's FOIA request. In light of the parties' joint status report 16 , it is further ORDERED that the parties shall confer and file, on or before June 22, 2020 a joint status report proposing a new production schedule in light of the Defendant's pandemic-related reduction in production capacity. Signed by Judge Randolph D. Moss on 6/9/20. (lcrdm3, ) (Entered: 06/09/2020)
2020-06-2217Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Yee, Marsha) (Entered: 06/22/2020)
2020-06-23MINUTE ORDER: In light of the parties' joint status report 17 , it is hereby ORDERED that the parties shall file a further joint status report on or before December 10, 2020. Signed by Judge Randolph D. Moss on 6/23/20. (lcrdm3, ) (Entered: 06/23/2020)
2020-12-1018Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Yee, Marsha) (Entered: 12/10/2020)
2020-12-11MINUTE ORDER: In light of the parties' joint status report, Dkt. 18 , it is hereby ORDERED that the parties shall file a further joint status report on or before January 13, 2021. Signed by Judge Randolph D. Moss on 12/11/2020. (lcrdm3) (Entered: 12/11/2020)
2021-01-1319Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Yee, Marsha) (Entered: 01/13/2021)
2021-01-13MINUTE ORDER: In light of the parties' joint status report, Dkt. 19 , it is hereby ORDERED that the parties shall file a further joint status report on or before April 28, 2021. Signed by Judge Randolph D. Moss on 1/13/2021. (lcrdm3) (Entered: 01/13/2021)
2021-04-28MINUTE ORDER: On June 9, 2021, the Court ordered this case stayed "in light of the COVID-19 pandemic's impact on the FBI's ability to process records in response to Plaintiff's FOIA request." Minute Order (June 9, 2021). Given that the FBI has since begun processing records in response to Plaintiff's FOIA request, see, e.g. , Dkt. 16 , it is hereby ORDERED that the stay in this action is lifted. Signed by Judge Randolph D. Moss on 4/28/2021. (lcrdm3) (Entered: 04/28/2021)
2021-04-2820Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Yee, Marsha) (Entered: 04/28/2021)
2021-04-28MINUTE ORDER: In light of the parties' joint status report, Dkt. 20 , it is hereby ORDERED that the parties shall file a further joint status report on or before August 20, 2021. Signed by Judge Randolph D. Moss on 4/28/2021. (lcrdm3) (Entered: 04/28/2021)
2021-08-1921Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Yee, Marsha) (Entered: 08/19/2021)
2021-08-19MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 21 , it is hereby ORDERED that the parties shall file a further joint status report on or before November 22, 2021. Signed by Judge Randolph D. Moss on 08/19/2021. (lcrdm3) (Entered: 08/19/2021)
2021-11-2222Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Yee, Marsha) (Entered: 11/22/2021)
2021-11-24MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 22 , it is hereby ORDERED that the parties shall file a further joint status report on or before February 24, 2022. Signed by Judge Randolph D. Moss on 11/24/2021. (lcrdm3) (Entered: 11/24/2021)
2022-01-2523MOTION to Withdraw as Attorney for Joshua Burday by FREDDY MARTINEZ. (Attachments: # 1 Text of Proposed Order)(Topic, Matthew) (Entered: 01/25/2022)
2022-01-25MINUTE ORDER: Upon consideration of plaintiff's motion to withdraw, Dkt. 23 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Joshua Burday is GRANTED leave to withdraw as counsel for plaintiff in this matter. Signed by Judge Randolph D. Moss on 1/25/2022. (lcrdm3) (Entered: 01/25/2022)
2022-02-2424Joint STATUS REPORT by FREDDY MARTINEZ. (Topic, Matthew) (Entered: 02/24/2022)
2022-02-25MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 24 , it is hereby ORDERED that the parties shall file a further joint status report on or before May 24, 2022. Signed by Judge Randolph D. Moss on 2/25/2022. (lcrdm3) (Entered: 02/25/2022)
2022-05-1825NOTICE of Appearance by Joshua Loevy on behalf of FREDDY MARTINEZ (Loevy, Joshua) (Entered: 05/18/2022)
2022-05-2426Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Yee, Marsha) (Entered: 05/24/2022)
2022-05-26MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 26 , it is hereby ORDERED that the parties shall file a further status report on or before October 20, 2022. Signed by Judge Randolph D. Moss on 05/26/2022. (lcrdm3) (Entered: 05/26/2022)
2022-10-2027Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Yee, Marsha) (Entered: 10/20/2022)
2022-10-20MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 27 , it is hereby ORDERED that the parties shall file a further joint status report on or before March 30, 2023. Signed by Judge Randolph D. Moss on 10/20/2022. (lcrdm3) (Entered: 10/20/2022)
2023-03-2728Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Yee, Marsha) (Entered: 03/27/2023)
2023-03-27MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 28 , it is hereby ORDERED that the parties shall file a further joint status report on or before August 24, 2023. Signed by Judge Randolph D. Moss on 3/27/2023. (lcrdm3) (Entered: 03/27/2023)
2023-08-2329Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Yee, Marsha) (Entered: 08/23/2023)
2023-08-23MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 29 , it is hereby ORDERED that the parties shall file a further joint status report on or before January 24, 2024. Signed by Judge Randolph D. Moss on 08/23/2023. (lcrdm3) (Entered: 08/23/2023)
2024-01-2430Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Yee, Marsha) (Entered: 01/24/2024)
2024-01-24MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 30 , it is hereby ORDERED that the parties shall file a further joint status report on or before June 26, 2024. Signed by Judge Randolph D. Moss on 1/24/2024. (lcrdm3) (Entered: 01/24/2024)
2024-02-1031NOTICE OF SUBSTITUTION OF COUNSEL by Brian P. Hudak on behalf of FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE Substituting for attorney Marsha Yee (Hudak, Brian) (Entered: 02/10/2024)
2024-03-2132NOTICE OF SUBSTITUTION OF COUNSEL by Dimitar Georgiev-Remmel on behalf of FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE Substituting for attorney Brian P. Hudak (Georgiev-Remmel, Dimitar) (Entered: 03/21/2024)
2024-06-2633Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Georgiev-Remmel, Dimitar) (Entered: 06/26/2024)
2024-06-26MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 33 , it is hereby ORDERED that the parties shall file a further joint status report on or before November 20, 2024. Signed by Judge Randolph D. Moss on 6/26/2024. (lcrdm3) (Entered: 06/26/2024)
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