Skip to content

Case Detail

[Subscribe to updates]
Case TitleHARDY v. BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv01649
Date Filed2015-10-07
Date ClosedOpen
JudgeChief Judge Beryl A. Howell
PlaintiffDAVID T. HARDY
Case DescriptionDavid Hardy, an attorney and blogger on firearms law issues, submitted a FOIA request to the Bureau of Alcohol, Tobacco and Firearms for records concerning various firearms laws and regulations. The agency acknowledged receipt of the request, but had not yet responded. Hardy also submitted a FOIA request to the Justice Department's Office of Inspector General for records related to a 2007 OIG report about the BATF. OIG also failed to respond to Hardy's request. He then filed suit on both requests.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantBUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES
DefendantDEPARTMENT OF JUSTICE
DefendantDEPARTMENT OF JUSTICE - OFFICE OF INSPECTOR GENERAL
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [31]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-10-071CIVIL COVER SHEET by DAVID T HARDY filed by DAVID T HARDY.(Stamboulieh, Stephen) (Entered: 10/07/2015)
2015-10-072COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-4270984) filed by DAVID T HARDY. (Attachments: # 1 Exhibit FOIA to BATFE, # 2 Exhibit USPS Delivery to BATFE, # 3 Exhibit FOIA to OIG, # 4 Exhibit USPS Delivery to OIG)(Stamboulieh, Stephen) (Entered: 10/07/2015)
2015-10-073REQUEST FOR SUMMONS TO ISSUE on all Defendants filed by DAVID T HARDY. (Attachments: # 1 Summons Summons to DOJ, # 2 Summons Summons to DOJ OIG)(Stamboulieh, Stephen) (Entered: 10/07/2015)
2015-10-07Case Assigned to Judge Beryl A. Howell. (rd) (Entered: 10/09/2015)
2015-10-134STANDING ORDER. Signed by Judge Beryl A. Howell on October 13, 2015. (lcbah3) (Entered: 10/13/2015)
2015-10-145SUMMONS (3) Issued Electronically as to BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DEPARTMENT OF JUSTICE, DEPARTMENT OF JUSTICE - OFFICE OF INSPECTOR GENERAL. (Attachments: # 1 Consent Form, # 2 Notice of Consent)(rd) (Entered: 10/14/2015)
2015-10-186MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Alan Alexander Beck, :Firm- Attorney at Law, :Address- 2692 Harcourt Drive, San Diego CA 92103. Phone No. - 619-905-9105. Check# 1046 $100 by mail Fee Status: No Fee Paid. by DAVID T. HARDY (Attachments: # 1 Declaration Declaration of Alan Alexander Beck, # 2 Text of Proposed Order Proposed Order)(Stamboulieh, Stephen) (Entered: 10/18/2015)
2015-10-19MINUTE ORDER (paperless) GRANTING the plaintiff's 6 Motion for Admission of Attorney Pro Hac Vice . Mr. Alan Alexander Beck, Esq. may enter an appearance pro hac vice for the purpose of representing the plaintiff in this action. Signed by Judge Beryl A. Howell on October 19, 2015. (lcbah3) (Entered: 10/19/2015)
2015-10-23Filing Fee Paid: $ 100.00, receipt number 4616074240 re 6 Motion for Leave to Appear Pro Hac Vice: Attorney Name-Alan Alexander Beck. (md) (Entered: 10/23/2015)
2015-11-067NOTICE of Appearance by Alan Alexander Beck on behalf of DAVID T. HARDY (Beck, Alan) (Main Document 7 replaced on 11/9/2015) (znmw). (Entered: 11/06/2015)
2015-11-078RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/4/2015. ( Answer due for ALL FEDERAL DEFENDANTS by 12/4/2015.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/4/2015. (Attachments: # 1 Exhibit Receipts for Proof, # 2 Exhibit Return Receipts)(Stamboulieh, Stephen) (Entered: 11/07/2015)
2015-11-079RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF JUSTICE - OFFICE OF INSPECTOR GENERAL served on 11/4/2015, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/4/2015. (Attachments: # 1 Exhibit Return Receipts for DOJ, OIG, US Attorney, # 2 Receipts for DOJ, OIG, US Attorney)(Stamboulieh, Stephen) (Entered: 11/07/2015)
2015-11-1210RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES served on 11/5/2015 (Attachments: # 1 Exhibit Return Receipts for DOJ, ATF, US Attorney, # 2 Exhibit Receipts for DOJ, ATF, US Attorney)(Stamboulieh, Stephen) (Entered: 11/12/2015)
2015-11-2511NOTICE of Appearance by Heather D. Graham-Oliver on behalf of BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DEPARTMENT OF JUSTICE, DEPARTMENT OF JUSTICE - OFFICE OF INSPECTOR GENERAL (Graham-Oliver, Heather) (Entered: 11/25/2015)
2015-12-0212Consent MOTION for Extension of Time to File Answer re 2 Complaint, by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DEPARTMENT OF JUSTICE, DEPARTMENT OF JUSTICE - OFFICE OF INSPECTOR GENERAL (Graham-Oliver, Heather) (Entered: 12/02/2015)
2015-12-02MINUTE ORDER (paperless) GRANTING the defendants' 12 Consent Motion for Extension of Time to File Response to Complaint. The defendants shall, by December 14, 2015, respond to the plaintiff's 2 Complaint. Signed by Judge Beryl A. Howell on December 2, 2015. (lcbah3) (Entered: 12/02/2015)
2015-12-02Set/Reset Deadlines: Answer to the Complaint due by 12/14/2015. (tg) (Entered: 12/02/2015)
2015-12-1413ANSWER to Complaint by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DEPARTMENT OF JUSTICE, DEPARTMENT OF JUSTICE - OFFICE OF INSPECTOR GENERAL. (Attachments: # 1 OIG response to the Plaintiffs FOIA request dated August 27, 2015)(Graham-Oliver, Heather) (Entered: 12/14/2015)
2015-12-2314Joint MOTION for Extension of Time to File Status Report and Proposed Scheduling Order by DAVID T. HARDY (Stamboulieh, Stephen) (Entered: 12/23/2015)
2015-12-29MINUTE ORDER (paperless) GRANTING the parties' 14 Joint Motion for Extension of Time to File Status Report and Proposed Scheduling Order. The parties shall, by January 7, 2016, submit a joint status report as directed in the Court's 4 Standing Order, para. 3. Signed by Judge Beryl A. Howell on December 29, 2015. (lcbah3) (Entered: 12/29/2015)
2015-12-29Set/Reset Deadlines: Joint Status Report due by 1/7/2016. (tg) (Entered: 12/29/2015)
2016-01-0715MEET AND CONFER STATEMENT. (Stamboulieh, Stephen) (Entered: 01/07/2016)
2016-01-09MINUTE ORDER (paperless) ISSUING, upon consideration of the parties' 15 Joint Status Report, the following SCHEDULING ORDER to control the timing of proceedings in this matter: each defendant shall (1) release to the plaintiff any non-exempt material by February 29, 2016; and (2) produce a Vaughn index to the plaintiff by March 14, 2016. The parties shall (1) resolve any disputes related to the Vaughn indices by April 4, 2016; (2) file any dispositive motions by May 5, 2016; (3) file any cross-motions or oppositions to dispositive motions by June 6, 2016; and (4) file any oppositions to cross-motions or replies to dispositive motions by July 6, 2016. Signed by Judge Beryl A. Howell on January 9, 2016. (lcbah3) (Entered: 01/09/2016)
2016-01-11Set/Reset Deadlines: Non-exempt material due by 2/29/2016; Vaughn Index due by 3/14/2016; Dispositive Motions due by 5/5/2016; Cross-Motions/Oppositions to Dispositive Motions due by 6/6/2016; Oppositions to Cross-Motions and Replies to Dispositive Motions due by 7/6/2016. (tg) (Entered: 01/11/2016)
2016-04-0416Joint MOTION to Amend/Correct Set/Reset Deadlines, In January Scheduling Order by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DEPARTMENT OF JUSTICE, DEPARTMENT OF JUSTICE - OFFICE OF INSPECTOR GENERAL (Attachments: # 1 Text of Proposed Order)(Graham-Oliver, Heather) (Entered: 04/04/2016)
2016-04-04MINUTE ORDER (paperless) GRANTING the parties' 16 Joint Motion to Amend Scheduling Order and AMENDING the SCHEDULING ORDER in this matter as follows: The parties shall (1) confer in an attempt to resolve any disputes related to the Vaughn indices by April 26, 2016; (2) file any dispositive motions by May 19, 2016; (3) file any cross-motions or oppositions to dispositive motions by June 22, 2016; and (4) file any oppositions to cross-motions or replies to dispositive motions by July 21, 2016. Signed by Chief Judge Beryl A. Howell on April 4, 2016. (lcbah3) (Entered: 04/04/2016)
2016-04-05Set/Reset Deadlines: Attorney Conference regarding Vaughn indices due by 4/26/2016; Dispositive Motions due by 5/19/2016; Cross-Motions/Oppositions to Dispositive Motions due by 6/22/2016; Oppositions to Cross-Motions/ Replies to Oppositions to Dispositive Motions due by 7/21/2016. (tg) (Entered: 04/05/2016)
2016-05-1617Consent MOTION to Modify Scheduling Order by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DEPARTMENT OF JUSTICE, DEPARTMENT OF JUSTICE - OFFICE OF INSPECTOR GENERAL (Attachments: # 1 Text of Proposed Order)(Graham-Oliver, Heather) (Entered: 05/16/2016)
2016-05-17MINUTE ORDER (paperless) GRANTING the parties' 17 Joint Motion to Amend Scheduling Order and AMENDING the SCHEDULING ORDER in this matter as follows: The parties shall (1) file any dispositive motions by June 20, 2016; (2) file any cross-motions or oppositions to dispositive motions by July 20, 2016; (3) file any oppositions to cross-motions or replies in support of dispositive motions by August 5, 2016; and (4) file any replies in support of cross-motions by August 18, 2016. Signed by Chief Judge Beryl A. Howell on May 17, 2016. (lcbah3, ) (Entered: 05/17/2016)
2016-05-17Set/Reset Deadlines: Dispositive Motions due by 6/20/2016; Cross-Motions/Opposition to Dispositive Motions due by 7/20/2016; Opposition to Cross-Motions/Replies to Oppositions to Dispositive Motions due by 8/5/2016; Replies to Oppositions to Cross Motions due by 8/18/2016. (tg) (Entered: 05/17/2016)
2016-06-1518Unopposed MOTION to Amend/Correct Set/Reset Deadlines, Order on Motion to Modify,, by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DEPARTMENT OF JUSTICE, DEPARTMENT OF JUSTICE - OFFICE OF INSPECTOR GENERAL (Attachments: # 1 Text of Proposed Order)(Graham-Oliver, Heather) (Entered: 06/15/2016)
2016-06-16MINUTE ORDER (paperless) GRANTING the defendants' 18 Unopposed Motion to Amend Scheduling Order and AMENDING the SCHEDULING ORDER in this matter as follows: The parties shall (1) file any dispositive motions by July 21, 2016; (2) file any cross-motions or oppositions to dispositive motions by August 22, 2016; (3) file any oppositions to cross-motions or replies in support of dispositive motions by September 5, 2016; and (4) file any replies in support of cross-motions by September 19, 2016. Signed by Chief Judge Beryl A. Howell on June 16, 2016. (lcbah3) (Entered: 06/16/2016)
2016-06-17Set/Reset Deadlines: Dispositive Motions due by 7/21/2016; Cross-Motion/Opposition to Dispositive Motion due by 8/22/2016; Opposition to Cross-Motion/Reply to Opposition to Dispositive Motion due by 9/5/2016; Reply to Opposition to Cross Motion due by 9/19/2016. (tg) (Entered: 06/17/2016)
2016-07-0619NOTICE OF SUBSTITUTION OF COUNSEL by Joshua M. Kolsky on behalf of BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DEPARTMENT OF JUSTICE, DEPARTMENT OF JUSTICE - OFFICE OF INSPECTOR GENERAL Substituting for attorney Heather Graham-Oliver (Kolsky, Joshua) (Entered: 07/06/2016)
2016-07-1520MOTION for Extension of Time to File Summary Judgment Motion by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DEPARTMENT OF JUSTICE, DEPARTMENT OF JUSTICE - OFFICE OF INSPECTOR GENERAL (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 07/15/2016)
2016-07-1521RESPONSE re 20 MOTION for Extension of Time to File Summary Judgment Motion in Opposition filed by DAVID T. HARDY. (Attachments: # 1 Exhibit Correspondence Second Extension, # 2 Exhibit Ltr to Heather re Vaughn Indices, # 3 Exhibit Email to Joshue Kolsky, # 4 Text of Proposed Order Proposed Order)(Stamboulieh, Stephen) (Entered: 07/15/2016)
2016-07-19MINUTE ORDER (paperless) GRANTING, over the plaintiff's objection, the defendants' 20 Motion for Extension of Time to File Summary Judgment Motion, and AMENDING the SCHEDULING ORDER in this matter as follows: (1) the defendants shall file any motion for summary judgment by August 29, 2016; (2) the plaintiff shall file any cross-motion for summary judgment and opposition to the defendants' motion by September 28, 2016; (3) the defendants shall file any reply in support of their motion and opposition to the plaintiff's cross-motion by October 12, 2016; and the plaintiff shall file any reply in support of his cross-motion by October 26, 2016. Signed by Chief Judge Beryl A. Howell on July 19, 2016. (lcbah3) (Entered: 07/19/2016)
2016-07-21Set/Reset Deadlines: Defendants' Summary Judgment motion due by 8/29/2016; plaintiff's Cross-Motion and Opposition to Motion for Summary Judgment due by 9/28/2016; defendants' Opposition to plaintiff's Cross-Motion and Reply to plaintiff's Opposition to Motion for Summary Judgment due by 10/12/2016; plaintiff's Reply to Opposition to Cross Motion due by 10/26/2016. (tg) (Entered: 07/21/2016)
2016-08-2922MOTION for Summary Judgment by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DEPARTMENT OF JUSTICE, DEPARTMENT OF JUSTICE - OFFICE OF INSPECTOR GENERAL (Attachments: # 1 Text of Proposed Order, # 2 Declaration (Waller), # 3 Declaration (Pelletier), # 4 Exhibit A)(Kolsky, Joshua) (Entered: 08/29/2016)
2016-09-2223MOTION for Extension of Time to File Response/Reply as to 22 MOTION for Summary Judgment by DAVID T. HARDY (Attachments: # 1 Text of Proposed Order Proposed Order)(Stamboulieh, Stephen) (Entered: 09/22/2016)
2016-09-22MINUTE ORDER (paperless) GRANTING the plaintiff's consented to 23 Motion for Extension of Time to File Response to Defendants' Summary Judgment and to File Plaintiff's Cross-Motion for Summary Judgment. Accordingly, the Court enters the following revised SCHEDULING ORDER to control the timing of proceedings in this matter: the plaintiff shall, by October 28, 2016, file any response and/or cross-motion for summary judgment. The defendants shall, by November 11, 2016, file any reply and/or opposition. The plaintiff shall, by November 25, 2016, file any reply. Signed by Chief Judge Beryl A. Howell on September 22, 2016. (lcbah4) (Entered: 09/22/2016)
2016-09-23Set/Reset Deadlines: Cross Motion and Response to Motion for Summary Judgment due by 10/28/2016; Response to Cross Motion/Reply to Opposition to Motion for Summary Judgment due by 11/11/2016; Reply to Opposition to Cross Motion due by 11/25/2016. (tg) (Entered: 09/23/2016)
2016-10-2824RESPONSE re 22 MOTION for Summary Judgment and Cross-Motion for Summary Judgment filed by DAVID T. HARDY. (Attachments: # 1 Exhibit OIG Production, # 2 Exhibit Correspondence to Heather re Vaughn, # 3 Declaration Declaration of Robert Sanders, # 4 Exhibit Thomas A. Busey article, # 5 Text of Proposed Order Proposed Order)(Stamboulieh, Stephen) (Entered: 10/28/2016)
2016-10-2825CROSS MOTION for Summary Judgment by DAVID T. HARDY. (See Docket Entry 24 to view document). (znmw) (Entered: 10/31/2016)
2016-11-0726Consent MOTION for Extension of Time to File Summary Judgment Reply/Opposition by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DEPARTMENT OF JUSTICE, DEPARTMENT OF JUSTICE - OFFICE OF INSPECTOR GENERAL (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 11/07/2016)
2016-11-08MINUTE ORDER (paperless) GRANTING the defendants' 26 Consent Motion to Extend Time for Filing a Combined Reply in Support of Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment and AMENDING the SCHEDULING ORDER to control the timing of proceedings in this matter as follows: Defendants shall file a Reply in Support of their Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment by November 28, 2016. Plaintiff shall file a Reply in Support of his Cross-Motion for Summary Judgment by December 12, 2016. Signed by Chief Judge Beryl A. Howell on November 8, 2016. (lcbah4) (Entered: 11/08/2016)
2016-11-08Set/Reset Deadlines: Defendants' Opposition to Cross-Motion/Reply in Support of Motion for Summary Judgment due by 11/28/2016; Plaintiff's Reply to Opposition to Cross Motion due by 12/12/2016. (tg) (Entered: 11/08/2016)
2016-11-2827REPLY to opposition to motion re 22 MOTION for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment filed by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DEPARTMENT OF JUSTICE, DEPARTMENT OF JUSTICE - OFFICE OF INSPECTOR GENERAL. (Kolsky, Joshua) (Entered: 11/28/2016)
2016-11-2828Memorandum in opposition to re 25 MOTION for Summary Judgment and Reply in Support of Defendants' Motion for Summary Judgment filed by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DEPARTMENT OF JUSTICE, DEPARTMENT OF JUSTICE - OFFICE OF INSPECTOR GENERAL. (Kolsky, Joshua) (Entered: 11/28/2016)
2016-12-1129REPLY to opposition to motion re 25 MOTION for Summary Judgment filed by DAVID T. HARDY. (Stamboulieh, Stephen) (Entered: 12/11/2016)
2017-03-2230ORDER GRANTING in part and DENYING in part the defendants' 22 Motion for Summary Judgment, and GRANTING in part and DENYING in part the plaintiff's 25 Cross-Motion for Summary Judgment. See Order for further details. Signed by Chief Judge Beryl A. Howell on March 22, 2017. (lcbah4) (Entered: 03/22/2017)
2017-03-2231MEMORANDUM OPINION regarding the defendants' 22 Motion for Summary Judgment and the plaintiff's 25 Cross-Motion for Summary Judgment. Signed by Chief Judge Beryl A. Howell on March 22, 2017. (lcbah4) (Entered: 03/22/2017)
2017-03-23Set/Reset Deadlines: Joint proposed schedule due by 4/21/2017. (tg) (Entered: 03/23/2017)
2017-04-2132Joint STATUS REPORT and Motion to Stay by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DEPARTMENT OF JUSTICE, DEPARTMENT OF JUSTICE - OFFICE OF INSPECTOR GENERAL. (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 04/21/2017)
2017-04-2133Joint MOTION to Stay and Joint Status Report by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DEPARTMENT OF JUSTICE, DEPARTMENT OF JUSTICE - OFFICE OF INSPECTOR GENERAL (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 04/21/2017)
2017-04-24MINUTE ORDER (paperless) GRANTING the parties' 33 Joint Motion to Stay and STAYING this action until June 5, 2017. Accordingly, the parties shall, by June 5, 2017, file a joint status report stating (1) whether the parties seek to continue settlement discussions, or (2) a proposed schedule for further proceedings. Signed by Chief Judge Beryl A. Howell on April 24, 2017. (lcbah4) (Entered: 04/24/2017)
2017-04-25Set/Reset Deadlines : Joint Status Report due by 6/5/17. (kk) (Entered: 04/25/2017)
Hide Docket Events
by FOIA Project Staff