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Case TitleCHELMOWSKI v. FEDERAL COMMUNICATION COMMISSION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv03200
Date Filed2022-10-14
Date ClosedOpen
JudgeJudge Amit P. Mehta
PlaintiffJAMES CHELMOWSKI
Case DescriptionJames Chelmowski submitted FOIA requests to the FCC for records concerning himself. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Chelmowski filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantFEDERAL COMMUNICATION COMMISSION FCC
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-10-141COMPLAINT against FEDERAL COMMUNICATION COMMISSION ( Filing fee $ 402, receipt number 203274) filed by JAMES CHELMOWSKI. (Attachments: # 1 Exhibits, # 2 Civil Cover Sheet)(zed). (Entered: 10/21/2022)
2022-10-142MOTION for Emergency Injunctive Relief by JAMES CHELMOWSKI. (See Docket Entry 1 to view document). (zed) (Entered: 10/21/2022)
2022-10-283SUMMONS (3) Issued Electronically as to FEDERAL COMMUNICATION COMMISSION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zed) (Entered: 10/28/2022)
2022-12-124RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL COMMUNICATION COMMISSION served on 11/22/2022, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/22/2022., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/25/2022. ( Answer due for ALL FEDERAL DEFENDANTS by 12/25/2022.) (zed) (Entered: 12/16/2022)
2022-12-215NOTICE of Non-Service by FEDERAL COMMUNICATION COMMISSION (Hudak, Brian) (Entered: 12/21/2022)
2022-12-22MINUTE ORDER. Plaintiff is hereby directed to respond to Defendant's Notice of Non-Service by January 5, 2023, or to complete proper service by January 12, 2023. Failure to comply with the court's order may result in dismissal of this action. See Fed. R. Civ. P. 4(m). Signed by Judge Amit P. Mehta on 12/22/2022. (lcapm2) (Entered: 12/22/2022)
2023-01-116RESPONSE re 5 Notice (Other) filed by JAMES CHELMOWSKI. (zed) (Entered: 01/12/2023)
2023-01-117MOTION for CM/ECF Password by JAMES CHELMOWSKI. (zed) (Entered: 01/12/2023)
2023-01-13MINUTE ORDER re: Plaintiff's 7 Motion by Self-Represented Litigant to Participate in Electronic Filing. Plaintiff is permitted to use his current CM/ECF username and password for purposes of filing in this matter. Signed by Judge Amit P. Mehta on 1/13/2023. (lcapm2) (Entered: 01/13/2023)
2023-01-138MOTION for CM/ECF Password by JAMES CHELMOWSKI. (zed) (Entered: 01/20/2023)
2023-01-20MINUTE ORDER denying as moot Plaintiff's 8 Motion for CM/ECF Password. Signed by Judge Amit P. Mehta on 1/20/2023. (lcapm2) (Entered: 01/20/2023)
2023-01-309MOTION for Extension of Time to File Answer re 1 Complaint by FEDERAL COMMUNICATION COMMISSION. (Venguswamy, Kartik) (Entered: 01/30/2023)
2023-01-31MINUTE ORDER granting Defendant's 9 Opposed Motion for Extension of Time to Respond. Defendant's response to Plaintiff's Complaint shall now be due on or before March 1, 2023. Signed by Judge Amit P. Mehta on 1/31/2023. (lcapm2) (Entered: 01/31/2023)
2023-03-0110MOTION for Extension of Time to File Answer re 1 Complaint by FEDERAL COMMUNICATION COMMISSION. (Venguswamy, Kartik) (Entered: 03/01/2023)
2023-03-02MINUTE ORDER granting Defendant's 10 Second Motion for Extension of Time to Respond. Defendant's response to Plaintiff's Complaint shall be due on or before March 15, 2023. No further extensions will be granted absent extraordinary circumstances. Signed by Judge Amit P. Mehta on 3/2/2023. (lcapm2) (Entered: 03/02/2023)
2023-03-1511ANSWER to 1 Complaint by FEDERAL COMMUNICATION COMMISSION.(Venguswamy, Kartik) (Entered: 03/15/2023)
2023-03-1612ORDER. Both a Complaint and an Answer are now before the court in this FOIA case. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before March 30, 2023. The Joint Status Report shall include (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976); and (5) whether the parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Amit P. Mehta on 03/16/2023. (lcapm2) (Entered: 03/16/2023)
2023-03-3013Joint STATUS REPORT by FEDERAL COMMUNICATION COMMISSION. (Attachments: # 1 Exhibit Plaintiff's Exhibits)(Venguswamy, Kartik) (Entered: 03/31/2023)
2023-04-03MINUTE ORDER setting the following schedule for proceedings in this matter. Defendant's Motion for Summary Judgment shall be due on or before May 5, 2023. Plaintiff's Opposition and Cross-Motion shall be due on or before June 12, 2023. Defendant's Reply and Cross-Opposition shall be due on or before June 30, 2023. Plaintiff's Cross-Reply shall be due on or before July 28, 2023. Signed by Judge Amit P. Mehta on 4/3/2023. (lcapm2) (Entered: 04/03/2023)
2023-05-0514MOTION for Summary Judgment , MOTION to Dismiss by FEDERAL COMMUNICATION COMMISSION. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Santini, # 4 Declaration McTaggart, # 5 Declaration Kost, # 6 Text of Proposed Order)(Venguswamy, Kartik) (Entered: 05/05/2023)
2023-05-0815ORDER advising Plaintiff to respond by June 12, 2023, to Defendant Federal Communication Commission's 14 Motion for Summary Judgment. If Plaintiff neither responds to the Motion nor files a motion for additional time in which to respond, the court may render a judgment in favor of Defendant. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 05/08/2023. (lcapm2) (Entered: 05/08/2023)
2023-05-1616MOTION for Extension of Time to File Pleadings by JAMES CHELMOWSKI. (Attachment: # 1 Text of Proposed Order)(zed) (Entered: 05/17/2023)
2023-05-1917ORDER granting Plaintiff's 16 Consent Motion for Extension of Time to File Opposition and Cross-Motion. Plaintiff's Opposition and Cross-Motion shall now be due on or before July 10, 2023; Defendant's Reply and Cross-Opposition shall now be due on or before July 28, 2023; Plaintiff's Cross-Reply shall now be due on or before August 25, 2023. See attached Order for additional details. Signed by Judge Amit P. Mehta on 5/19/2023. (lcapm2) (Entered: 05/19/2023)
2023-05-19Set/Reset Deadlines: Cross Motions due by 7/10/2023. Response to Cross Motions due by 7/28/2023. Reply to Cross Motions due by 8/25/2023. Responses due by 7/10/2023. Replies due by 7/28/2023. (zjch, ) (Entered: 05/19/2023)
2023-07-0318MOTION for Extension of Time to File Opposition and Cross Motion by JAMES CHELMOWSKI. (Attachment: # 1 Text of Proposed Order)(zjm) (Entered: 07/05/2023)
2023-07-06MINUTE ORDER granting Plaintiff's 18 Motion for Extension of Time to File Opposition and Cross-motion. Plaintiff's Opposition and Cross-Motion shall be due on or before August 7, 2023; Defendant's Reply and Cross-Motion Opposition shall be due on or before August 25, 2023; Plaintiff's Cross-Motion Reply shall be due on or before September 22, 2023. Signed by Judge Amit P. Mehta on 7/6/2023. (lcapm2) (Entered: 07/06/2023)
2023-08-0719MOTION for Extension of Time to File Response by JAMES CHELMOWSKI. (Attachment: # 1 Text of Proposed Order).(zed) (Entered: 08/10/2023)
2023-08-11MINUTE ORDER granting Plaintiff's 19 Motion for Extension of Time to File Opposition and Cross-motion. Plaintiff's Opposition and Cross-Motion shall be due on or before August 14, 2023; Defendant's Reply and Cross-Motion Opposition shall be due on or before September 4, 2023; Plaintiff's Cross-Motion Reply shall be due on or before September 29, 2023. Signed by Judge Amit P. Mehta on 8/11/2023. (lcapm2) (Entered: 08/11/2023)
2023-08-1420Cross-MOTION for Summary Judgment by JAMES CHELMOWSKI. (zed) (Entered: 08/18/2023)
2023-08-1421Memorandum in opposition to re 14 Motion for Summary Judgment, Motion to Dismiss, filed by JAMES CHELMOWSKI. (See Docket Entry 20 to view document). (zed) (Entered: 08/18/2023)
2023-09-0522MOTION for Leave to File Amended Cross Motion and Opposition by JAMES CHELMOWSKI. (zed) (Entered: 09/14/2023)
2023-09-15MINUTE ORDER granting Plaintiff's 22 Motion for Leave to File Amended Cross-Motion and Opposition to Defendant's Motion for Summary Judgment and Motion to Dismiss. Plaintiff's motion was received on September 5, 2023, but not docketed until September 15, 2023. Plaintiff had requested until September 11, 2023, to file an amendment. With that date having passed, the court will grant leave file an amendment by September 20, 2023. Signed by Judge Amit P. Mehta on 09/15/23. (lcapm2) (Entered: 09/15/2023)
2023-10-0523MOTION for Extension of Time to File Response/Reply as to 14 MOTION for Summary Judgment MOTION to Dismiss by FEDERAL COMMUNICATION COMMISSION. (Venguswamy, Kartik) (Entered: 10/05/2023)
2023-10-0524MOTION for Leave to File Amended Cross-Motion and Opposition to Motion for Summary Judgment by JAMES CHELMOWSKI. (mg) (Entered: 10/10/2023)
2023-10-06MINUTE ORDER granting Defendant's 23 Motion for Extension of Time to File Reply. Defendant's reply shall be due no later than three weeks after the date that Plaintiff's corrected Opposition to Defendant's Motion for Summary Judgment is docketed. Signed by Judge Amit P. Mehta on 10/6/23. (lcapm2) (Entered: 10/06/2023)
2023-10-11Minute Order granting Plaintiff's 24 Consent Motion for Leave to File Amended Cross-Motion and Opposition to the Defendant's Motion for Summary Judgment and Motion to Dismiss. Plaintiff shall file his cross-motion and opposition by October 23, 2023. Signed by Judge Amit P. Mehta on 10/11/23. (lcapm2) (Entered: 10/11/2023)
2023-10-2325Consent MOTION for Extension of Time to File by JAMES CHELMOWSKI. (Attachments: # 1 Text of Proposed Order)(mg) (Entered: 10/26/2023)
2023-10-2726ORDER granting Plaintiff's 25 Consent Motion for Extension of Time. Plaintiff's Opposition and Cross-Motion shall be due on or before November 6, 2023. Defendant's Reply and Cross-Motion Opposition shall be due on or before November 27, 2023. Plaintiff's Cross-Motion Reply shall be due on or before December 26, 2023. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 10/27/23. (lcapm2) (Entered: 10/27/2023)
2024-03-0427MEMORANDUM OPINION AND ORDER granting in part and denying in part the FCC's 14 Motion for Summary Judgment and denying Plaintiff's 20 Cross-Motion for Summary Adjudication. The FCC's Motion is granted in all respects except that the agency has not fulfilled its duty of segregability as to the March 2021 Request. The FCC may renew its motion for summary judgment as to that remaining issue on or before March 28, 2024. Plaintiff's Cross-Motion for Summary Adjudication is denied. See attached Order for additional details. Signed by Judge Amit P. Mehta on 3/4/2023. (lcapm3) (Entered: 03/04/2024)
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