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Case TitleBettwieser v. Gans et al
DistrictDistrict of Idaho
CityDatabaseVersion 6.1 Boise - Southern
Case Number1:2015cv00493
Date Filed2015-10-20
Date Closed2017-03-31
JudgeJudge Edward J. Lodge
PlaintiffMartin Bettwieser
Case DescriptionMartin Bettweiser, a rural mail carrier, submitted a FOIA request to a U.S. Postal Service station in Boise. After several attempts to ascertain the status of his request, Bettweiser finally filed suit.
Complaint issues: Litigation - Recovery of Costs, Failure to respond within statutory time limit

DefendantBilly Gans
also known as William Gans
also known as Billy Gantz
DefendantKelly Kalbfleisch
DefendantHerschal Howard
DefendantHerschal Howard
TERMINATED: 08/31/2016
DefendantUnited States Postal Service
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [26]
Opinion/Order [34]
Opinion/Order [35]
Opinion/Order [38]
FOIA Project Annotation: A federal court in Idaho has ruled that the Postal Service has not shown that Martin Bettwieser, a rural letter carrier in the Boise Post Office, failed to exhaust his administrative remedies when he hand-delivered a FOIA request to Billy Gans, the station manager at the Five Mile Station. Bettwieser filed suit over a labor dispute, but one of his allegations was that the agency had not responded to his FOIA request given to Gans. The agency argued that since Gans was not an authorized recipient for FOIA requests, Bettwieser had failed to properly submit the request. Bettwieser introduced eyewitness testimony of another employee supporting Bettwieser's allegation that he had given Gans the request. He also indicated that Gans had accepted FOIA requests previously. The magistrate judge noted that "in a summary judgment context, such circumstances prevent this Court from finding as a matter of law that Plaintiff failed to exhaust his administrative remedies or that such an argument cannot be viably defended, with such matters left to be resolved by the fact-finder."
Issues: Request - Receipt
Opinion/Order [44]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-10-201COMPLAINT against Billy Gans, Herschal Howard, Kelly Kalbfleisch, United States Postal Service Summons Issued, filed by Martin Bettwieser. (Attachments: # 1 Exhibit, # 2 Cover Sheet)(cjs)
2015-10-20RECEIPT: Civil Filing Fee Fee Received $ 400.00, receipt # IDX16158 (cjs)
2015-10-202Summons Issued as to Billy Gans, Herschal Howard, Kelly Kalbfleisch. (Print attached Summons for service.) (cjs)
2015-10-203Summons Issued as to United States Postal Service, U.S. Attorney and U.S. Attorney General (Print attached Summons for service.) (cjs)
2015-11-054NOTICE of Appearance by James Marshall Piotrowski on behalf of Herschal Howard (Piotrowski, James)
2015-11-055MOTION FOR PRO HAC VICE APPEARANCE by Joshua B. Scharff. ( Filing fee $ 225 receipt number 0976-1368672.)James Marshall Piotrowski appearing for Defendant Herschal Howard. Responses due by 11/30/2015 (Piotrowski, James)
2015-11-056MOTION FOR PRO HAC VICE APPEARANCE by Mark Gisler. ( Filing fee $ 225 receipt number 0976-1368681.)James Marshall Piotrowski appearing for Defendant Herschal Howard. Responses due by 11/30/2015 (Piotrowski, James)
2015-11-057DOCKET ENTRY ORDER approving 5 Motion for Pro Hac Vice Appearance of attorney Joshua B Scharff for Herschal Howard; approving 6 Motion for Pro Hac Vice Appearance of attorney Mark Robert Gisler for Herschal Howard. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
2015-11-058NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for Martin Bettwieser, Herschal Howard re 1 Complaint, 4 Notice of Appearance Consent/Objection to Magistrate due by 1/7/2016. (cjs)
2015-11-129MOTION to Dismiss James Marshall Piotrowski appearing for Defendant Herschal Howard. Responses due by 12/7/2015 (Attachments: # 1 Memorandum in Support, # 2 Attachment)(Piotrowski, James)
2015-11-1310NOTICE to Pro Se Litigants of the Summary Judgment Rule Requirement re 9 MOTION to Dismiss (cjs)(Mailed on 11/16/2015 by cjs.)
2015-11-2511NOTICE of Non-Service by Martin Bettwieser (km)
2015-12-0412PARTIAL RESPONSE to Motion re 9 MOTION to Dismiss filed by Martin Bettwieser. Replies due by 12/21/2015.(cjs)
2015-12-3013Docket entry only - CONSENT to Magistrate Judge filed. (cjs)
2016-01-08The 60 day deadline has expired. Case will be reassigned with a District Judge. No more notice of availability or assignment will be sent out. Consent deadline(s) termed. (cjs)
2016-01-08DOCKET ENTRY NOTICE of Case Number Change. Case reassigned to Judge Edward J. Lodge for all further proceedings. Judge Ronald E. Bush no longer assigned to case. Please use this case number on all future pleadings, 1:15-cv-00493-EJL. (cjs)
2016-01-0814ORDER OF REFERENCE - IT IS HEREBY ORDERED that ALL MATTERS in the above case are referred to United States Magistrate Judge Ronald E. Bush. Motions referred to Ronald E. Bush. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
2016-01-1415Summons Re-Issued as to United States Postal Service, U.S. Attorney and U.S. Attorney General (Print attached Summons for service.) (cjs)
2016-02-1916MOTION to Strike with Supporting Memorandum 9 MOTION to Dismiss by Plaintiff Martin Bettwieser.Motions referred to Ronald E. Bush. Responses due by 3/14/2016. (cjs)
2016-03-1717Summons Returned Unexecuted/AFFIDAVIT of Refusal of Service by Martin Bettwieser as to United States Postal Service. (cjs)
2016-03-1718SUMMONS Returned Executed/AFFIDAVIT of Service by Martin Bettwieser. United States Attorney General and the United States Attorney for United States Postal Service served on 3/3/2016, answer due 5/2/2016. (cjs)
2016-03-1719SUMMONS Returned Executed by Martin Bettwieser. Billy Gans served on 11/20/2015, answer due 1/19/2016. (cjs)
2016-03-1720SUMMONS Returned Executed by Martin Bettwieser. Kelly Kalbfleisch served on 10/24/2015, answer due 12/23/2015. (cjs)
2016-03-1721SUMMONS Returned Executed by Martin Bettwieser. Herschal Howard served on 10/24/2015, answer due 12/23/2015. (cjs)
2016-03-1822MOTION to Dismiss for Lack of Jurisdiction and/or Failure to State a Claim Nicholas J Woychick appearing for Defendant United States Postal Service.Motions referred to Ronald E. Bush. Responses due by 4/11/2016 (Attachments: # 1 Memorandum in Support Declaration of William H. Gans, # 2 Affidavit Declaration of Linda K. Crump, # 3 Affidavit Correspondence to Plaintiff dated March 10, 2016, # 4 Supplement)(Woychick, Nicholas)
2016-04-1323MOTION for Extension of Time to File Response/Reply as to 22 MOTION to Dismiss for Lack of Jurisdiction and/or Failure to State a Claim by Plaintiff Martin Bettwieser.Motions referred to Ronald E. Bush. Responses due by 5/9/2016 (Attachments: # 1 Exhibit 1)(cjs)
2016-04-1424RESPONSE to Motion re 23 MOTION for Extension of Time to File Response/Reply as to 22 MOTION to Dismiss for Lack of Jurisdiction and/or Failure to State a Claim filed by United States Postal Service. Replies due by 5/2/2016.(Woychick, Nicholas)
2016-04-2225ORDER granting 23 Motion for Extension of Time to File Response re 22 MOTION to Dismiss for Lack of Jurisdiction and/or Failure to State a Claim Responses due by 5/13/2016. Signed by Judge Ronald E. Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
2016-05-0226MEMORANDUM DECISION AND ORDER RE: PLAINTIFFS MOTION TO STRIKE - IT IS HEREBY ORDERED that Plaintiffs Motion to Strike (Docket No. 16 ) is DENIED. Signed by Judge Ronald E. Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
2016-05-0227REPORT AND RECOMMENDATION RE: DEFENDANT HERSCHEL HOWARDS MOTION TO DISMISS - IT IS HEREBY RECOMMENDED that Defendant Howards Motion to Dismiss (Docket No. 9 ) be GRANTED and Plaintiffs claims against Defendant Howard should be dismissed. Objections to R&R due by 5/19/2016. Signed by Judge Ronald E. Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
2016-05-0628MOTION to Reconsider re 26 Memorandum Decision and Order, by Plaintiff Martin Bettwieser. Motions referred to Ronald E. Bush. Responses due by 5/31/2016. (cjs)
2016-05-1329RESPONSE to Motion re 22 Defendant's MOTION to Dismiss for Lack of Jurisdiction and/or Failure to State a Claim filed by Martin Bettwieser. Replies due by 5/31/2016. (Attachments: # 1 Exhibit)(cjs)
2016-05-2730REPLY to Response to Motion re 22 MOTION to Dismiss for Lack of Jurisdiction and/or Failure to State a Claim filed by United States Postal Service.(Woychick, Nicholas)
2016-06-0631REBUTTAL RESPONSE re 30 Reply to Response to Motion re 22 MOTION to Dismiss for Lack of Jurisdiction and/or Failure to State a Claim , filed by Martin Bettwieser. (cjs) (Entered: 06/07/2016)
2016-06-2332DECLARATION of Doug Rutherford filed by Martin Bettwieser. (cjs)
2016-06-2333AFFIDAVIT of Failure to Plead or Defend for Default filed by Martin Bettwieser. (Attachments: # 1 Proposed Default Judgment)(cjs)
2016-08-2534ORDER RE: PLAINTIFFS MOTION TO RECONSIDER (Docket No. 28 ) - IT IS HEREBY ORDERED that Plaintiffs Motion to Reconsider (Docket No. 28 ) is DENIED. Signed by Judge Ronald E. Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
2016-08-3135ORDER ADOPTING REPORT AND RECOMMENDATION - NOW THEREFORE IT IS HEREBY ORDERED that the Report and Recommendation entered on 5/2/2016 (Dkt. 27 ) is ADOPTED IN ITS ENTIRETY. IT IS FURTHER ORDERED that Defendants Motion to Dismiss (Dkt. 9 ) is GRANTED and the Complaint is DISMISSED as to ALL CLAIMS against HerschelHoward. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs) Modified on 9/1/2016 to correct filing date (cjs). (Entered: 09/01/2016)
2016-09-0836MOTION for Additional Findings/Rulings by Plaintiff Martin Bettwieser.Motions referred to Ronald E. Bush. Responses due by 10/3/2016. (cjs)
2017-02-0137REPORT AND RECOMMENDATION RE: U.S. POSTAL SERVICE'S 22 MOTION to Dismiss for Lack of Jurisdiction and/or Failure to State a Claim . Objections to R&R due by 2/21/2017. Signed by Judge Ronald E. Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
2017-02-0138MEMORANDUM DECISION AND ORDER RE: PLAINTIFFS MOTION FOR ADDITIONALFINDINGS/RULINGS - IT IS HEREBY ORDERED that Plaintiffs Motion for Additional Findings/Rulings (Docket No. 36 ) is DENIED. Signed by Judge Ronald E. Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
2017-02-1539OBJECTION to 37 Report and Recommendations (U.S. Postal Service) . (Woychick, Nicholas)
2017-02-2140OBJECTION to Reports and Recommendations re 37 , 27 Report and Recommendations, filed by Plaintiff Martin Bettwieser. (cjs)
2017-02-2441RESPONSE TO OBJECTION TO R&R filed by United States Postal Service.(Woychick, Nicholas)
2017-02-2842RESPONSE TO OBJECTION TO R&R filed by Martin Bettwieser.(cjs) (Entered: 03/02/2017)
2017-03-1043REPLY to U.S. Postal Service's 41 Response to Objection to 37 REPORT AND RECOMMENDATIONS re 22 MOTION to Dismiss for Lack of Jurisdiction and/or Failure to State a Claim , filed by Martin Bettwieser.(cjs) (Entered: 03/14/2017)
2017-03-3144MEMORANDUM DECISION AND ORDER. NOW THEREFORE IT IS HEREBY ORDERED that the report and Recommendation entered on February 1, 2017 is ADOPTED IN PART AND REJECTED IN PART. IT IS FURTHER ORDERED that Defendants' Motion to Dismiss 22 is GRANTED and Plaintiffs Complaint is dismissed in its entirety. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
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by FOIA Project Staff