| Date Filed | Doc # | Docket Text |
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| 2022-07-05 | 1 | COMPLAINT against CHRISTINE WORMUTH ( Filing fee $ 402, receipt number 202548) filed by DAVID J. RUDOMETKIN. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(zjm) (Entered: 07/11/2022) |
| 2022-07-05 | | SUMMONS Not Issued as to CHRISTINE WORMUTH (zjm) (Entered: 07/11/2022) |
| 2022-09-26 | | MINUTE ORDER. Plaintiff filed this action pro se on July 5, 2022. Plaintiff is not proceeding in forma pauperis and is therefore responsible for serving Defendant with process, consisting of the summons and a copy of the complaint. Fed. R. Civ. P. 4(c). "If a defendant is not served within 90 days after the complaint is filed, the court--on motion or on its own after notice to the plaintiff--must dismiss the action without prejudice... or order that service be made within a specified time," unless "plaintiff shows good cause for the failure." Fed. R. Civ. P. 4(m). Plaintiff is reminded that, in this case, the 90-day deadline for service will expire after October 3, 2022. Signed by Judge Jia M. Cobb on 9/26/2022. (lcjmc3) (Entered: 09/26/2022) |
| 2022-10-04 | 2 | ORDER TO SHOW CAUSE why this matter should not be dismissed as to Defendant Christine Wormuth for failure to effect timely service. Plaintiff shall show cause by October 25, 2022, why this case should not be dismissed without prejudice as to Defendant Wormuth pursuant to Federal Rule of Civil Procedure 4(m) and Local Civil Rule 83.23 for failure to prosecute. See the attached Order for additional details. Signed by Judge Jia M. Cobb on October 4, 2022. (lcjmc3) (Entered: 10/04/2022) |
| 2022-10-14 | 3 | MOTION for Extension of Time to Mail Summons to Defendant by DAVID J. RUDOMETKIN. (znmw) (Entered: 10/18/2022) |
| 2022-10-19 | | MINUTE ORDER re 3 Motion for Extension of Time: Having considered the motion and for good cause shown, the Court GRANTS the motion. It is hereby ORDERED that the deadline for service is extended to Monday, December 5, 2022. Also, as Plaintiff is making his claims against an officer of the federal government in their official capacity, the Court directs Plaintiff's attention to the special service requirements under Fed. R. Civ. P. 4(i). Signed by Judge Jia M. Cobb on October 19, 2022. (lcjmc3) (Entered: 10/19/2022) |
| 2022-10-24 | 4 | MOTION for Leave to File Amended Complaint by DAVID J. RUDOMETKIN. (Attachments: # 1 Amended Complaint, # 2 Summons)(znmw) (Entered: 10/26/2022) |
| 2022-10-28 | | MINUTE ORDER granting 4 Motion for Leave to File Amended Complaint. The deadline for service remains December 5, 2022. Signed by Judge Jia M. Cobb on October 28, 2022. (lcjmc3) (Entered: 10/28/2022) |
| 2022-10-28 | 5 | AMENDED COMPLAINT against CHRISTINE WORMUTH filed by DAVID J. RUDOMETKIN.(znmw) (Entered: 11/16/2022) |
| 2022-11-14 | 7 | MOTION for Leave to File Amended Complaint by DAVID J. RUDOMETKIN. (znmw) (Entered: 11/21/2022) |
| 2022-11-16 | 6 | SUMMONS (3) Issued as to DAVID J. RUDOMETKIN, U.S. Attorney and U.S. Attorney General; sent to plaintiff by U.S. Mail. (znmw) (Entered: 11/16/2022) |
| 2022-11-30 | | MINUTE ORDER re 7 Motion for Leave to File Amended Complaint. The Court finds that Plaintiff's Motion to Amend was in reality a correspondence explaining to the Court that Plaintiff had yet received the summonses in this case. Those summonses were subsequently sent to Plaintiff. Accordingly, the Court DENIES the Motion as MOOT. Plaintiff is instructed to effect service with the summonses that were mailed to him on November 16, 2022. Because the Court recognizes that Plaintiff is incarcerated and that there is therefore a delay in communication with the Court, the Court finds that there is good cause under Fed. R. Civ. P. 4(m) to further extend the service deadline two weeks, to December 19, 2022. Signed by Judge Jia M. Cobb on November 29, 2022. (lcjmc3) (Entered: 11/30/2022) |
| 2022-12-05 | 8 | RESPONSE TO ORDER OF THE COURT re Minute Order on Motion for Leave to File filed by DAVID J. RUDOMETKIN. (znmw) (Entered: 12/09/2022) |
| 2022-12-28 | 9 | NOTICE of Appearance by John Haberland on behalf of CHRISTINE WORMUTH (Haberland, John) (Entered: 12/28/2022) |
| 2022-12-28 | 10 | MOTION for Extension of Time to File Answer re 5 Amended Complaint by CHRISTINE WORMUTH. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Haberland, John) (Entered: 12/28/2022) |
| 2022-12-31 | | MINUTE ORDER re 10 Motion for Extension of Time: The Court notes that it does not have Plaintiff's response to Defendant's motion because Plaintiff is incarcerated. Nonetheless, having considered the motion and determined Defendant has shown good cause, the Court GRANTS the motion. Defendant is ORDERED to respond to the Amended Complaint 5 by March 2, 2023. Signed by Judge Jia M. Cobb on December 31, 2022. (lcjmc3) (Entered: 12/31/2022) |
| 2023-01-30 | 11 | Memorandum in opposition to re 10 Motion for Extension of Time to File Answer filed by DAVID J. RUDOMETKIN. (Attachment: # 1 Appendix)(zed) (Entered: 02/07/2023) |
| 2023-01-30 | 12 | MOTION for Preliminary Injunction, MOTION for Summary Judgment by DAVID J. RUDOMETKIN. (See Docket Entry 11 to view document). (zed) (Entered: 02/07/2023) |
| 2023-02-09 | | MINUTE ORDER re 11 12 Plaintiff's Request for Preliminary Injunction: Plaintiff filed a request for a preliminary injunction on January 30, 2023. Per Local Civil Rule 65.1(d), the Court must set a hearing on Plaintiff's request within 21 days of filing, unless it "makes a finding that a later hearing date will not prejudice the parties." Here, the Court finds that the Parties will not be prejudiced by a one-week extension of that deadline. The reasons are as follows: First, Plaintiff's request contains no specific dates or deadlines that demonstrate that a one-week delay would deprive Plaintiff of meaningful relief should his request be granted. Also, Plaintiff is incarcerated outside of the District of Columbia, a fact which has already caused several delays in this case. An extra week will give the Court and the Parties time to coordinate the logistics of holding a hearing on this matter. Finally, although the request for a preliminary injunction was filed on January 30, 2023, it did not appear on the docket until February 7, 2023. Plaintiff's request is complex, and the Court wants to ensure that Defendant has sufficient time to prepare a response. Accordingly, the Court ORDERS Defendant to contact the Court with her availability for the week of February 20, 2023. Defendant may email the Court at cobb_chambers@dcd.uscourts.gov. Once the Court is in receipt of that information, it will coordinate with the facility where Plaintiff is incarcerated to schedule a time for the hearing. Defendant has the option to respond to Plaintiff's request in writing or to wait to respond orally at the hearing. Signed by Judge Jia M. Cobb on February 9, 2023. (lcjmc3) (Entered: 02/09/2023) |
| 2023-02-10 | 13 | ORDER re 11 12 Plaintiff's Request for Preliminary Injunction: The Parties are ORDERED to appear for a telephonic hearing on Plaintiff's Motion for a Preliminary Injunction on Thursday, February 23, 2023, at 2:30 PM Eastern Standard Time (1:30 PM Central Standard Time). The hearing will be on the record. The Court's Deputy Clerk will provide the information necessary to access the call. See document for additional details. Signed by Judge Jia M. Cobb on February 10, 2023. (lcls) (Entered: 02/10/2023) |
| 2023-02-17 | 14 | Memorandum in opposition to re 12 Motion for Preliminary Injunction, Motion for Summary Judgment filed by CHRISTINE WORMUTH. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit)(Haberland, John) (Entered: 02/17/2023) |
| 2023-02-23 | | Minute Entry for telephone Motion Hearing Proceeding held on 2/23/2023 before Judge Jia M. Cobb. Oral Order denying 12 Motion for Preliminary Injunction. (Court Reporter: Stacy Heavenridge) (zgf) (Entered: 02/23/2023) |
| 2023-02-23 | | MINUTE ORDER re 12 Motion for a Preliminary Injunction: For the reasons discussed at the telephonic hearing held on February 23, 2023, at 2:30 PM, the Court DENIES Plaintiff's Motion for a Preliminary injunction. Plaintiff has not established that he would suffer irreparable harm if the requested information is not released immediately, rather than in due course by resolving the case on the merits. In addition, to the extent the Motion is intended as a Motion for Summary Judgment, it is DENIED as premature, given that Defendant has not yet responded to the Complaint. Signed by Judge Jia M. Cobb on February 23, 2023. (lcjmc3) (Entered: 02/23/2023) |
| 2023-03-02 | 15 | MOTION to Dismiss by CHRISTINE WORMUTH. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order, # 4 Certificate of Service, # 5 Exhibit Ex. 1, # 6 Exhibit Ex. 2, # 7 Exhibit Ex. 3, # 8 Exhibit Ex. 4, # 9 Exhibit Ex. 5, # 10 Exhibit Ex. 6, # 11 Exhibit Ex. 7, # 12 Exhibit Ex. 8, # 13 Exhibit Ex. 9, # 14 Exhibit Ex. 10, # 15 Exhibit Ex. 11)(Haberland, John). Added MOTION for Partial Summary Judgment on 3/3/2023 (znmw). (Entered: 03/02/2023) |
| 2023-03-02 | 16 | MOTION to Seal Case exhibit by CHRISTINE WORMUTH. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit)(Haberland, John) (Entered: 03/02/2023) |
| 2023-03-03 | | MINUTE ORDER re 16 Motion to Seal Exhibit: The Court GRANTS the Motion. The Court ORDERS that the Secretary's Exhibit 14-6 shall be SEALED. The Court further ORDERS that Defendant shall file a redacted version of this Exhibit on the public docket by March 10, 2023. Signed by Judge Jia M. Cobb on March 3, 2023. (lcjmc3) (Entered: 03/03/2023) |
| 2023-03-03 | 17 | FOX ORDER DIRECTING Plaintiff to respond to Defendant's Motion to Dismiss (ECF Nos. 15) by April 17, 2023. Failure to respond by that date may result in the Court deeming the matter conceded. See document for details. Signed by Judge Jia M. Cobb on March 3, 2023. (lcjmc3) (Entered: 03/03/2023) |
| 2023-03-06 | 19 | MOTION for Leave to File Amendment to FOIA Complaint by DAVID J. RUDOMETKIN. (Attachment: # 1 Exhibits)(zed) (Entered: 03/10/2023) |
| 2023-03-06 | 20 | MOTION for Reconsideration re Order on Motion for Summary Judgment,, by DAVID J. RUDOMETKIN. (Attachment: # 1 Appendix)(zed) (Entered: 03/10/2023) |
| 2023-03-06 | 21 | NOTICE OF APPEAL TO DC CIRCUIT COURT as to Order on Motion for Summary Judgment,, by DAVID J. RUDOMETKIN. Filing fee $ 505, receipt number 204195. Fee Status: Fee Paid. Parties have been notified. (zed) (Entered: 03/10/2023) |
| 2023-03-09 | 18 | NOTICE of filing redacted exhibit by CHRISTINE WORMUTH re Order on Motion to Seal Case,, Set/Reset Deadlines, (Attachments: # 1 Exhibit)(Haberland, John) (Entered: 03/09/2023) |
| 2023-03-10 | 22 | Transmission of the Notice of Appeal, Minute Order entered 2/2/2023 Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid re 21 Notice of Appeal to DC Circuit Court. (zed) (Entered: 03/10/2023) |
| 2023-03-13 | | MINUTE ORDER re 19 Motion for Leave to File Amendment to FOIA Complaint, and 20 Motion for Reconsideration of the Court's order denying Plaintiff's Motion for a Preliminary Injunction: The Court is in receipt of those motions, as well as Plaintiff's 21 Notice of Appeal of the Court's denial of his request for an injunction. See Minute Order, Feb. 23, 2023. Because Plaintiff has not articulated grounds that would merit reconsideration of the Court's order, the Motion for Reconsideration is DENIED. See Leadership Conference on Civil Rights v. Gonzales , 421 F. Supp. 2d 104, 107 (D.D.C. 2006) ("A district court may deny, but cannot grant, a Rule 59(e) motion pending after the filing of a notice of appeal."). As for the Motion for Leave to File, the Court notes that this is Plaintiff's second request to modify his Complaint. Therefore, Plaintiff may not make the requested modification as of right. See Fed. R. Civ. P. 15(a)(1)-(2). Accordingly, the Court will defer ruling on that Motion in order to allow Defendant an opportunity to respond. Defendant is ORDERED to do so by March 20, 2023. All other deadlines associated with this case remain unchanged. Signed by Judge Jia M. Cobb on March 13, 2023. (lcjmc3) (Entered: 03/13/2023) |
| 2023-03-14 | | USCA Case Number 23-5053 for 21 Notice of Appeal to DC Circuit Court filed by DAVID J. RUDOMETKIN. (zed) (Entered: 03/15/2023) |
| 2023-03-19 | 23 | Memorandum in opposition to re 19 Motion for Leave to File filed by CHRISTINE WORMUTH. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service, # 3 Exhibit, # 4 Exhibit)(Haberland, John) (Entered: 03/19/2023) |
| 2023-03-27 | | MINUTE ORDER re 19 Motion for Leave to File Amendment to FOIA Complaint: This is Plaintiff's second motion to amend, meaning that he may not file an amended complaint without the agency's consent or the leave of the Court. See Fed. R. Civ. P. 15(a)(1)-(2). That Rule also directs the Court that it should "freely give leave when justice so requires." Id. Accordingly, "[d]enial of leave to amend [] constitutes an abuse of discretion unless the court gives sufficient reason, such as futility of amendment, undue delay, bad faith, dilatory motive, undue prejudice or repeated failure to cure by previous amendments." Onyewuchi v. Gonzalez , 267 F.R.D. 417, 420 (D.D.C. 2010). Here, the Court has considered the Motion and the agency's Opposition 23 , including the agency's arguments that the proposed amendments would be futile, constitute undue delay, and reward Plaintiff's dilatory motives. The Court has also considered the inefficiencies that would result should Plaintiff be left to file his claims as a separate lawsuit. The Court concludes that the agency has not articulated a reason to justify denial of the Motion. Accordingly, the Motion is GRANTED. The Court ORDERS that Plaintiff may file an Amended Complaint by May 1, 2023. Should Plaintiff do so, the Court will deny the pending Motion to Dismiss 15 as moot and invite the agency to refile a Motion that is responsive to the amendments. Should Plaintiff fail to file an amendment by that date, the Court will consider the pending Motion to Dismiss as it is. Signed by Judge Jia M. Cobb on March 27, 2023. (lcjmc3) (Entered: 03/27/2023) |
| 2023-04-21 | 25 | REPLY to opposition to motion re 19 MOTION for Leave to File filed by DAVID J. RUDOMETKIN. (Attachment: # 1 Appendix)(zed) (Entered: 04/27/2023) |
| 2023-04-24 | 24 | MOTION for Extension of Time by DAVID J. RUDOMETKIN. (zed) (Entered: 04/27/2023) |
| 2023-04-28 | | MINUTE ORDER re 24 Motion for Extension of Time: The Court does not have Defendant's position on the requested extension. Nonetheless, having considered the motion, and especially considering Plaintiff's pro se and incarcerated status, the Court finds that the good cause standard is met and GRANTS the motion. Plaintiff is ORDERED to file any Amended Complaint by May 8, 2023. Should Plaintiff fail to file an amendment by that date, the Court will consider the pending Motion to Dismiss as is. Signed by Judge Jia M. Cobb on April 28, 2023. (lcjmc3) (Entered: 04/28/2023) |
| 2023-05-04 | 26 | STRICKEN PURSUENT TO MINUTE ORDER FILED 7/14/2023.....Second AMENDED COMPLAINT against DAVID J. RUDOMETKIN filed by DAVID J. RUDOMETKIN. (Attachment: # 1 Appendix)(zed) Modified on 7/17/2023 (zed). (Entered: 05/08/2023) |
| 2023-05-08 | | MINUTE ORDER re 15 Motion to Dismiss: The Plaintiff has filed a Second Amended Complaint in this case. See ECF 26. Accordingly, the Court dismisses Defendant's Motion to Dismiss the First Amended Complaint as moot. Signed by Judge Jia M. Cobb on May 8, 2023. (lcjmc3) (Entered: 05/08/2023) |
| 2023-05-19 | 27 | MOTION to Strike 26 Amended Complaint by CHRISTINE WORMUTH. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Haberland, John) (Entered: 05/19/2023) |
| 2023-05-23 | | MINUTE ORDER re 27 Motion to Strike: Defendant has filed a Motion to Strike the Second Amended Complaint 26 , contending that it exceeds the scope of the leave that Plaintiff requested to amend the First Amended Complaint, and which was subsequently granted by the Court on March 27, 2023. Having reviewed the Motion to Strike, the Court ORDERS Plaintiff to either respond to the Motion to Strike on the merits or, if Plaintiff does not contest Defendant's position, to file a new Second Amended Complaint that is limited to the scope that was requested by Plaintiff, by June 20, 2023. Should Plaintiff fail to respond by that date, the Court will treat the Motion to Strike as uncontested, strike the Second Amended Complaint, and proceed with the case as alleged in the First Amended Complaint. Signed by Judge Jia M. Cobb on May 23, 2023. (lcjmc3) (Entered: 05/23/2023) |
| 2023-06-20 | 28 | MOTION for Extension of Time by DAVID J. RUDOMETKIN. (zed) (Entered: 06/23/2023) |
| 2023-06-23 | 29 | Memorandum in opposition to re 27 Motion to Strike filed by DAVID J. RUDOMETKIN. (Attachments: # 1 Text of Proposed Order, # 2 Text of Proposed Order)(zed) (Entered: 06/29/2023) |
| 2023-06-23 | 30 | MOTION to Consolidate Cases by DAVID J. RUDOMETKIN. (zed) (Entered: 06/29/2023) |
| 2023-06-28 | | MINUTE ORDER re 28 Motion for Extension of Time: The Court does not have Defendant's position on the Motion. Nonetheless, having considered the Motion, the Court finds that the good cause standard is met for a one-day extension. Accordingly, the Court GRANTS the motion nunc pro tunc. The Court ORDERS Plaintiff to either respond to the Motion to Strike on the merits or, if Plaintiff does not contest Defendant's position, to file a new Second Amended Complaint that is limited to the scope that was requested by Plaintiff, by June 21, 2023. Signed by Judge Jia M. Cobb on June 28, 2023. (lcjmc3) (Entered: 06/28/2023) |
| 2023-06-29 | 31 | NOTICE OF SUBSTITUTION OF COUNSEL by Patrick Doyle on behalf of CHRISTINE WORMUTH Substituting for attorney John Haberland (Attachments: # 1 Certificate of Service)(Doyle, Patrick) (Entered: 06/29/2023) |
| 2023-06-30 | 32 | MOTION for Extension of Time to File Response/Reply to 29 Opposition by CHRISTINE WORMUTH. (Attachments: # 1 Certificate of Service, # 2 Text of Proposed Order)(Doyle, Patrick) (Entered: 06/30/2023) |
| 2023-07-06 | | MINUTE ORDER re 32 Motion for Extension of Time: The Court does not have Plaintiff's position on the Motion. Nonetheless, having reviewed the Motion, and in consideration of Plaintiff's incarcerated status, the Court finds that the good case standard is met and GRANTS the Motion. Defendant shall file her Reply in support of her Motion to Strike by July 13, 2023. Signed by Judge Jia M. Cobb on July 5, 2023. (lcjmc3) (Entered: 07/06/2023) |
| 2023-07-13 | 33 | REPLY to opposition to motion re 27 MOTION to Strike 26 Amended Complaint filed by CHRISTINE WORMUTH. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Doyle, Patrick) (Entered: 07/13/2023) |
| 2023-07-13 | 34 | Memorandum in opposition to re 30 Motion to Consolidate Cases filed by CHRISTINE WORMUTH. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Doyle, Patrick) (Entered: 07/13/2023) |
| 2023-07-14 | | MINUTE ORDER re 27 Defendant's Motion to Strike and 30 Plaintiff's Motion to Consolidate Cases: On March 6, 2023, Plaintiff moved 19 to file a Second Amended Complaint. In that Motion, Plaintiff provided an enumerated list of FOIA actions he wished to add to the case. See ECF 19 at 1. The Court granted that motion, allowing Plaintiff to file a Second Amended Complaint in line with his request. See Min. Order of March 27, 2023. On May 4, 2023, Plaintiff filed a Second Amended Complaint 26 , the scope of which exceeded the Court's leave. On May 19, 2023, Defendant moved to strike 27 the Second Amended Complaint, noting that the inclusion of the numerous FOIA requests beyond those that were originally requested would "significantly expand the scope of the suit." ECF 27 at 2. Upon consideration of the Motion to Strike, Plaintiff's opposition 29 , and Defendant's Reply 33 , the Court GRANTS the Motion and STRIKES the Second Amended Complaint 26 . Plaintiff is instructed to file a Revised Second Amended Complaint by August 14, 2023, including only the amendments enumerated in his Motion for Leave 19 . Should Plaintiff fail to file a Revised Second Amended Complaint by that date, or if Plaintiff files another amendment that, without permission, exceeds the bounds of the leave granted by the Court, the Court will invite Defendant to revise and resubmit its Motion to Dismiss the First Amended Complaint 15 and proceed accordingly. In addition, the Court has considered Plaintiff's Motion to Consolidate Cases 30 and DENIES that Motion on the grounds that Plaintiff identifies no second action before the Court at this time, as required by Fed. R. Civ. P. 42(a). Signed by Judge Jia M. Cobb on July 14, 2023. (lcjmc3) (Entered: 07/14/2023) |
| 2023-08-07 | 35 | NOTICE OF APPEAL TO DC CIRCUIT COURT as to 07/14/2023 Minute Order on Motion to Strike, Order on Motion to Consolidate Cases, Set/Reset Deadlines, by DAVID J. RUDOMETKIN. Fee Status: No Fee Paid. Parties have been notified. (zjm) (Entered: 08/10/2023) |
| 2023-08-10 | 36 | Transmission of the Notice of Appeal, Minute Order Appealed, and Docket Sheet to US Court of Appeals. The fee remains to be paid and another notice will be transmitted when the fee has been paid in the District Court or motion to proceed In Forma Pauperis has been decided re 35 Notice of Appeal to DC Circuit Court. (zjm) (Main Document 36 replaced on 8/10/2023) (zjm). (Entered: 08/10/2023) |
| 2023-08-14 | | USCA Case Number 23-5181 for 35 Notice of Appeal to DC Circuit Court filed by DAVID J. RUDOMETKIN. (znmw) (Entered: 08/15/2023) |
| 2023-08-14 | 37 | MOTION to Amend/Correct 26 SECOND Amended Complaint by DAVID J. RUDOMETKIN. (Attachments: # 1 Proposed Second Amended Complaint)(Additional attachment(s) added on 8/17/2023: # 2 Appendix). Modified on 8/17/2023 (mg). (Entered: 08/17/2023) |
| 2023-08-25 | 38 | MOTION for Extension of Time to File Response/Reply as to 37 MOTION to Amend/Correct 26 Amended Complaint by CHRISTINE WORMUTH. (Attachments: # 1 Certificate of Service, # 2 Text of Proposed Order)(Doyle, Patrick) (Entered: 08/25/2023) |
| 2023-08-25 | | MINUTE ORDER re 38 Motion for Extension of Time: The Court does not have Plaintiff's position on the Motion. Nonetheless, having reviewed the Motion, and in consideration of Plaintiff's incarcerated status, the Court finds that the good cause standard is met and GRANTS the Motion. Defendant is ORDERED to respond the Motion to Amend/Correct Second Amended Complaint 37 by September 7, 2023. Signed by Judge Jia M. Cobb on August 25, 2023. (lcjmc3) (Entered: 08/25/2023) |
| 2023-09-07 | 39 | MOTION to Stay by CHRISTINE WORMUTH. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 09/07/2023) |
| 2023-09-11 | | MINUTE ORDER granting 39 Motion to Stay: The Court does not have the benefit of Plaintiff's position on the Motion. Nevertheless, having reviewed the Motion, and in consideration of Plaintiff's incarcerated status, the Court finds good cause to issue a stay. The case is stayed until 30 days after the D.C. Circuit issues its decision in Cir. Ct. No. 53-5181 or until further order of this Court. If Plaintiff objects to the stay, Plaintiff is free to so move the Court. Signed by Judge Jia M. Cobb on September 11, 2023. (lcjmc3) (Entered: 09/11/2023) |
| 2023-09-18 | 40 | Memorandum in opposition to re 39 Motion to Stay filed by DAVID J. RUDOMETKIN. (Attachments: # 1 Exhibit)(mg) (Entered: 09/19/2023) |
| 2023-09-21 | | MINUTE ORDER: The Court received Mr. Rudometkin's Opposition 40 to the Defendant's Motion to Stay 39 . While Mr. Rudometkin said that he "conditionally withdr[ew]" his appeal to the D.C. Circuit, the appeal was not formally dismissed and so remains pending. Accordingly, the Court finds that good cause remains to stay this case until Mr. Rudometkin's appeal is resolved. The Court agrees with the Defendant that the Court should not take further action in this case or consider matters that Mr. Rudometkin has asked the Court of Appeals to review. Signed by Judge Jia M. Cobb on September 21, 2023. (lcjmc3) (Entered: 09/21/2023) |
| 2023-12-12 | | USCA Appeal Fees received $ 505 receipt number 206192 re 35 Notice of Appeal to DC Circuit Court filed by DAVID J. RUDOMETKIN (zdp) (Entered: 12/12/2023) |
| 2023-12-12 | 41 | Supplemental Record on Appeal transmitted to US Court of Appeals re USCA Appeal Fees ;USCA Case Number 23-05181. (zdp) (Entered: 12/12/2023) |
| 2024-01-24 | 42 | MANDATE of USCA as to 21 Notice of Appeal to DC Circuit Court filed by DAVID J. RUDOMETKIN ; USCA Case Number 23-5053. (Attachments: # 1 USCA Order 10/5/2023)(znmw) (Entered: 01/24/2024) |
| 2024-02-27 | | MINUTE ORDER: In a Minute Order issued March 27, 2023, this Court gave Mr. Rudometkin permission to file an Amended Complaint to add claims regarding 11 new FOIA requests. On May 4, 2023, Mr. Rudometkin filed a Second Amendment Compliant that added claims about 23 new FOIA requests 26 . Since Mr. Rudometkin's filing included new requests beyond what the Court gave him permission to include in his amended complaint, the Court granted Defendant's Motion to Strike the Second Amendment Complaint 27 . Mr. Rudometkin appealed that decision. 35 . While that appeal was pending, Mr. Rudometkin then filed a Motion to Amend his Second Amendment Compliant 37 . Mr. Rudometkin also told the Court that he intended to "file another FOIA lawsuit in the District Court with the same factual allegations" 40 at 1. On Defendant's motion, the Court stayed the case until 30 days after the D.C. Circuit decided Mr. Rudometkin's appeal. See Min. Order 9/21/2023. Now that the D.C. Circuit has resolved that appeal 42 , the Court lifts the stay and orders that by March 28, 2024, Mr. Rudometkin either (1) file an amended complaint that includes the 11 additional FOIA requests he previously got permission to file, or (2) if there are more than the 11 new FOIA requests he wants to challenge in this lawsuit, file a new motion asking the Court for permission to amend his complaint to include all the additional claims he wants to bring. The filing must also include Mr. Rudometkin's proposed amended complaint. It cannot incorporate other filings by reference. If the Court does not receive a filing from Mr. Rudometkin by March 28, 2024, the Court will proceed with the Amended Complaint filed on October 28, 2022, as the controlling complaint. The Court will issue a schedule for Defendant's response after it identifies the controlling complaint. Signed by Judge Jia M. Cobb on February 27, 2024. (lcjmc3) (Entered: 02/27/2024) |
| 2024-02-27 | | MINUTE ORDER denying 37 Motion to Amend/Correct: In light of this Court's Minute Order dated February 27, 2024, the Court DENIES without prejudice the motion to amend/correct. Signed by Judge Jia M. Cobb on February 27, 2024. (lcjmc3) (Entered: 02/27/2024) |
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