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Case TitleO'Neill v. United States Department of Justice, The
DistrictDistrict of South Carolina
CityCharleston
Case Number2:2018cv01517
Date Filed2018-06-04
Date ClosedOpen
JudgeHonorable David C Norton
PlaintiffJohn David O'Neill
Case DescriptionJohn O'Neill, an attorney representing individuals suing for injuries caused by defective air bags, submitted a request to the Department of Justice for records concerning documents compiled by the Criminal Division. The agency acknowledged receipt of the request, but denied it under Exemption 7(A) (interference with ongoing investigation or proceeding). O'Neill filed an administrative appeal of that decision, but after hearing nothing further from the agency, O'Neill filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Department of Justice, The Criminal Division
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [41]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-06-041COMPLAINT against United States Department of Justice, The ( Filing fee $ 400 receipt number 0420-7814494.), filed by John David O'Neill. Service due by 9/4/2018 (Attachments: # 1 Exhibits to Complaint)(jbry, ) (Entered: 06/05/2018)
2018-06-042Local Rule 26.01 Answers to Interrogatories by John David O'Neill.(jbry, ) (Entered: 06/05/2018)
2018-06-043Summons Issued as to United States Department of Justice, The. U.S. Attorney and U.S. Attorney General. (jbry, ) (Entered: 06/05/2018)
2018-06-045MOTION to Compel Preparation of a Vaughn Index by John David O'Neill. Response to Motion due by 6/18/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(jbry, ) (Entered: 06/05/2018)
2018-08-107CERTIFICATE OF SERVICE by John David O'Neill re 1 Complaint, 3 Summons Issued as to USA, 5 MOTION to Compel, 2 Local Rule 26.01 Answers to Interrogatories Affidavit of Process Server (Dean, Kevin) (Entered: 08/10/2018)
2018-08-108DELETION OF DOCKET ENTRY NUMBER 6 Reason: Attorney refiled with correct signature. Corrected Filing Document Number 7 (jbry, ) (Entered: 08/10/2018)
2018-08-109Summons Issued as to U.S. Attorney and U.S. Attorney General. (jbry, ) (Entered: 08/10/2018)
2018-08-2010SUMMONS Returned Executed by John David O'Neill. United States Department of Justice, The served on 8/13/2018, answer due 10/12/2018. (Attachments: # 1 Affidavit Process Server)(Dean, Kevin) (Main Document 10 replaced on 8/21/2018) (jbry, ). Modified on 8/21/2018 to replace with corrected document provided by filing user (jbry, ). (Entered: 08/20/2018)
2018-08-2011SUMMONS Returned Executed by John David O'Neill. (Attachments: # 1 Affidavit Process Server)(Dean, Kevin) (Main Document 11 replaced on 8/21/2018) (jbry, ). Modified on 8/21/2018 to replace with corrected document provided by filing user (jbry, ). (Entered: 08/20/2018)
2018-08-2012CERTIFICATE OF SERVICE by John David O'Neill re 1 Complaint, 3 Summons Issued as to USA, 5 MOTION to Compel, 2 Local Rule 26.01 Answers to Interrogatories (Attachments: # 1 Certificate of Service Affidavit of Service of Process)(Dean, Kevin) (Entered: 08/20/2018)
2018-08-2014CERTIFICATE OF SERVICE by John David O'Neill re 1 Complaint, 3 Summons Issued as to USA, 5 MOTION to Compel, 2 Local Rule 26.01 Answers to Interrogatories Re: Notice of Filing of Affidavits of Service (Dean, Kevin) (Entered: 08/20/2018)
2018-08-2115DELETION OF DOCKET ENTRY NUMBER 13 Reason: Filed in error by the attorney who requested deletion. (jbry, ) (Entered: 08/21/2018)
2018-09-1216ANSWER to Complaint by United States Department of Justice, The.(Bowens, Barbara) (Entered: 09/12/2018)
2018-09-1217RESPONSE in Opposition re 5 MOTION to Compel Response filed by United States Department of Justice, The.Reply to Response to Motion due by 9/19/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Bowens, Barbara) (Entered: 09/12/2018)
2018-09-1318Amended ANSWER to 1 Complaint by United States Department of Justice, The.(Bowens, Barbara) (Entered: 09/13/2018)
2018-09-1919NOTICE of Hearing on Motion 5 MOTION to Compel : Motion Hearing set for Friday, 10/19/2018 at 11:00 AM in Hon. Sol Blatt, Jr., Courtroom, J. Waties Waring Judicial Cntr, 83 Meeting St, Charleston before Honorable David C Norton. (jbry, ) (Entered: 09/19/2018)
2018-09-1920REPLY to Response to Motion re 5 MOTION to Compel Response filed by John David O'Neill. (Attachments: # 1 Exhibit Takata Plea Agreement)(Dean, Kevin) (Entered: 09/19/2018)
2018-10-0221CONFERENCE AND SCHEDULING ORDER Rule 26(f) Conference Deadline 10/24/2018, 26(a) Initial Disclosures due by 11/7/2018, Rule 26 Report due by 11/7/2018, Motions to Amend Pleadings due by 12/4/2018, Plaintiffs ID of Expert Witness due by 1/4/2019, Defendants ID of Expert Witnesses Due by 2/4/2019, Discovery due by 6/3/2019, Motions in Limine due at least three weeks prior to jury selection, Motions due by 6/17/2019, Bench Trial Deadline 8/1/2019, ADR Statement due by 7/1/2019, Mediation Due by 7/31/2019, Signed by Honorable David C Norton on 10/2/2018. (jbry, ) (Entered: 10/02/2018)
2018-10-1922Minute Entry. Proceedings held before Honorable David C Norton: taking under advisement 5 Motion to Compel; Motion Hearing held on 10/19/2018 re 5 MOTION to Compel filed by John David O'Neill. Court Reporter Tana Hess. (cmur, ) (Entered: 10/19/2018)
2018-11-0723Joint Rule 26(f) Report by United States Department of Justice, The.(Bowens, Barbara) (Entered: 11/07/2018)
2018-11-0924CONFERENCE AND SCHEDULING ORDER Motions by the United States due by 1/30/2019, Plaintiff's responsive dispositive motion is due on or before March 15, 2019. Additional details regarding evidence, discovery and trial within order. Signed by Honorable David C Norton on 11/9/2018. (jbry, ) (Entered: 11/09/2018)
2019-01-3026MOTION for Extension of Time by United States Department of Justice, The. Response to Motion due by 2/13/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit 1, Declaration of Amanda Marchand Jones)No proposed order.(Bowens, Barbara) (Entered: 01/30/2019)
2019-02-0627RESPONSE in Opposition re 26 MOTION for Extension of Time Response filed by John David O'Neill.Reply to Response to Motion due by 2/13/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Exhibit 2019 DOJ Contingency Plan)(Dean, Kevin) (Entered: 02/06/2019)
2019-02-1328REPLY to Response to Motion re 26 MOTION for Extension of Time Response filed by United States Department of Justice, The. (Bowens, Barbara) (Entered: 02/13/2019)
2019-02-2029ORDER granting 26 Motion for Extension of Time. Defendant shall have until March 1, 2019 to file dispositive motions and the Vaughn Index. Signed by Honorable David C Norton on 2/20/2019.(jbry, ) (Entered: 02/20/2019)
2019-03-0130MOTION for Summary Judgment by United States Department of Justice, The. Response to Motion due by 3/15/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit 1, Declaration of Peter C. Sprung, # 2 Exhibit 1, to Sprung Declaration, # 3 Exhibit 2, to Sprung Declaration, # 4 Exhibit 3, to Sprung Declaration, # 5 Exhibit 4, to Sprung Declaration, # 6 Exhibit 5, to Sprung Declaration, # 7 Exhibit 6, to Sprung Declaration)No proposed order.(Bowens, Barbara) (Entered: 03/01/2019)
2019-03-0431MOTION to Compel , MOTION for Sanctions ( Response to Motion due by 3/18/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. ) by John David O'Neill. (Attachments: # 1 Exhibit Memorandun ISO, # 2 Exhibit Docket Report)No proposed order.(Dean, Kevin) (Entered: 03/04/2019)
2019-03-0832NOTICE of Hearing on Motion 30 MOTION for Summary Judgment : Motion Hearing set for Monday, 3/25/2019 at 11:00 AM in Hon. Sol Blatt, Jr., Courtroom, J. Waties Waring Judicial Cntr, 83 Meeting St, Charleston before Honorable David C Norton. (jbry, ) (Entered: 03/08/2019)
2019-03-1233MOTION for Protective Order by United States Department of Justice, The. Response to Motion due by 3/26/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit 1, Request for Admission, # 2 Exhibit 2, Request for Production, # 3 Exhibit 3, Interrogatories, # 4 Exhibit 4, Notice 30(b)(6) Deposition)No proposed order.(Bowens, Barbara) (Entered: 03/12/2019)
2019-03-1434Amended MOTION for Protective Order by United States Department of Justice, The. Response to Motion due by 3/28/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit 1, Request for Admission, # 2 Exhibit 2, Request for Production, # 3 Exhibit 3, Interrogatories, # 4 Exhibit 4, Notice 30(b)(6) Deposition)No proposed order.(Bowens, Barbara) (Entered: 03/14/2019)
2019-03-1536RESPONSE in Opposition re 30 MOTION for Summary Judgment Response filed by John David O'Neill.Reply to Response to Motion due by 3/22/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Affidavit Exhibit 1 - Affidavit of Kevin R. Dean, # 2 Exhibit Exhibit 2 - DOJ Is Losing The Battle To Prosecute Foreign Executives - Law360)(Dean, Kevin) (Entered: 03/15/2019)
2019-03-1837RESPONSE in Opposition re 31 MOTION to Compel MOTION for Sanctions Response filed by United States Department of Justice, The.Reply to Response to Motion due by 3/25/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Bowens, Barbara) (Entered: 03/18/2019)
2019-03-2238REPLY to Response to Motion re 31 MOTION to Compel MOTION for Sanctions Response filed by John David O'Neill. (Dean, Kevin) (Entered: 03/22/2019)
2019-03-2239REPLY to Response to Motion re 30 MOTION for Summary Judgment Response filed by United States Department of Justice, The. (Bowens, Barbara) (Entered: 03/22/2019)
2019-03-2540Minute Entry. Proceedings held before Honorable David C Norton: Motion Hearing held on 3/25/2019 re 30 MOTION for Summary Judgment filed by United States Department of Justice, The. The Court will issue an order. Court Reporter Debbie Potocki. (cmur, ) (Entered: 03/25/2019)
2019-03-2541ORDER denying without prejudice 30 Motion for Summary Judgment; denying 31 Motion to Compel; denying 31 Motion for Sanctions Signed by Honorable David C Norton on March 25, 2019.(kwhe, ) (Entered: 03/25/2019)
2019-04-1642NOTICE OF FILING OF OFFICIAL TRANSCRIPT of motion hearing held on 3-25-19, before Judge David C. Norton. Court Reporter/Transcriber Debra Potocki, Telephone number/E-mail potockidebra@bellsouth.net. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 5/7/2019. Redacted Transcript Deadline set for 5/17/2019. Release of Transcript Restriction set for 7/15/2019. (dpotocki, ) (Entered: 04/16/2019)
2019-05-2143ORDER granting 34 Motion for Protective Order Signed by Honorable David C Norton on 5/21/2019.(jbry, ) (Entered: 05/21/2019)
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