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Case TitleGage v. Equal Employment Opportunity Commission
DistrictDistrict of Arizona
CityPhoenix Division
Case Number2:2022cv01609
Date Filed2022-09-22
Date ClosedOpen
JudgeJudge Susan M Brnovich
PlaintiffMally Gage
Case DescriptionMally Gage submitted a FOIA request to the Equal Employment Opportunity Commission for records concerning her complaint filed with the EEOC. The agency acknowledged receipt of the request but denied Gage's request in its entirety. Gage filed an administrative appeal of the denial. After hearing nothing further from the agency, Gage filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Recovery of Costs

DefendantEqual Employment Opportunity Commission
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-09-221COMPLAINT. Filing fee received: $ 402.00, receipt number 200001943 filed by Mally Gage. (Attachments: # 1 Envelope, # 2 Exhibit)(CLM) (Entered: 09/23/2022)
2022-09-222SUMMONS Submitted by Mally Gage. (CLM) (Entered: 09/23/2022)
2022-09-223Filing fee paid, receipt number 200001943. This case has been assigned to the Honorable Judge Susan M Brnovich. All future pleadings or documents should bear the correct case number: CV-22-1609-PHX-SMB. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (CLM) (Entered: 09/23/2022)
2022-09-234NOTICE TO SELF-REPRESENTED LITIGANT re informational documents attached: (1) Notice to Self-Represented Litigant, (2) Federal Court Self-Service Clinic Flyer, (3) Fed. R. Civ. P. 5.2, and (4) Notice and Request re Electronic Noticing. (CLM) (Entered: 09/23/2022)
2022-09-235NOTICE OF DEFICIENCY re: 2 Summons Submitted. Description of deficiency: Summons is missing Plaintiff's return address. Please see Rule 4(i) for serving federal Defendants. (Attachments: # 1 Rule 4)(CLM) (Entered: 09/23/2022)
2022-09-266ORDER This matter having recently come before this Court, the parties are advised of the following preliminary policies and procedures that will govern these proceedings and are ordered as follows. Plaintiff(s) must promptly serve a copy of this Order on Defendant(s) and file notice of service with the Clerk of Court. See attached Order for complete details. Signed by Judge Susan M. Brnovich on 9/26/2022. (ESG) (Entered: 09/26/2022)
2022-09-267ORDER directing the Clerk of Court to terminate any or all Defendants in this matter, without further notice, that have not been served within the time required by Fed. R. Civ. P. 4(m) on December 21, 2022. Signed by Judge Susan M. Brnovich on 9/26/2022. (ESG) (Entered: 09/26/2022)
2022-09-308Summons Issued as to Equal Employment Opportunity Commission, U.S. Attorney and U.S. Attorney General at Customer Service Intake Counter on 09/30/2022. (Attachments: # 1 Summons, # 2 Summons)(HLA) (Entered: 09/30/2022)
2022-09-309REQUEST BY NON-PRISONER PRO SE PARTY FOR ELECTRONIC NOTICING filed by Mally Gage. Pro se parties must promptly notify the Clerks Office, in writing, if there is a change in designated e-mail address or mailing address. (BAS) (Entered: 09/30/2022)
2022-10-0310SERVICE EXECUTED filed by Mally Gage: Certified Mail Receipt re: Summons/Complaint upon Equal Employment Opportunity Commission on 10/3/2022, per USPS website; upon U.S. Attorney on 10/1/2022, per USPS website; and upon U.S. Attorney General 10/4/2022, per USPS website. (CLM) (Entered: 10/04/2022)
2022-10-0411Emergency MOTION for Injunction to Stay by Mally Gage. (KJ) (Entered: 10/05/2022)
2022-10-2112ANSWER to 1 Complaint by Equal Employment Opportunity Commission.(Piensook, Kwan) (Entered: 10/21/2022)
2022-10-2413NOTICE of Errata by Defendant Equal Employment Opportunity Commission.. (Attachments: # 1 Exhibit A)(Piensook, Kwan) (Entered: 10/24/2022)
2022-10-2414Amended ANSWER to 1 Complaint by Equal Employment Opportunity Commission.(Piensook, Kwan) (Entered: 10/24/2022)
2022-11-0315ORDER denying Plaintiff's Emergency 11 Motion for Injunction to Stay EEOC's 09/28/2022 90-day NRTS Timeline. Signed by Judge Susan M. Brnovich on 11/2/2022. (ESG) (Entered: 11/03/2022)
2022-11-0316ORDER SETTING RULE 16 CASE MANAGEMENT CONFERENCE Pursuant to Rule 16 of the Federal Rules of Civil Procedure, a Telephonic Case Management Conference is set for November 28, 2022 at 10:00 a.m. (15 minutes allowed). The parties will receive dial-in instructions for connecting to the teleconference via electronic mail prior to the hearing. See attached Order for complete details. Signed by Judge Susan M Brnovich on 11/3/2022. (ESG) (Entered: 11/03/2022)
2022-11-1817MOTION to Vacate 16 Order,, Set/Reset Hearings, and Request for Placement on Expediated Track by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order)(Piensook, Kwan) (Entered: 11/18/2022)
2022-11-2118RESPONSE in Opposition re: 17 MOTION to Vacate 16 Order,, Set/Reset Hearings, and Request for Placement on Expediated Track filed by Mally Gage. (CLM) (Entered: 11/21/2022)
2022-11-2119ORDER granting the 17 Motion to Vacate Scheduling Order and Request for Placement on Expediated Track. IT IS FURTHER ORDERED the 11/28/2022 Rule 16 Scheduling Conference is vacated. IT IS FURTHER ORDERED that the deadline for filing dispositive motions is 3/22/2023. Plaintiff is referred to Rule 56 regarding the procedure for filing summary judgment motions. Failure to file such a motion shall result in dismissal for failure to prosecute. Signed by Judge Susan M. Brnovich on 11/21/2022. (ESG) (Entered: 11/21/2022)
2022-11-2320MOTION for Hearing or Conference to Establish Rules on Undisclosed Evidence by Mally Gage. (CLM) (Entered: 11/28/2022)
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by FOIA Project Staff
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