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Case TitleBrian Thomas Brantley v. Drug Enforcement Administration
DistrictMiddle District of Florida
CityFt. Myers
Case Number2:2015cv00802
Date Filed2015-12-28
Date Closed2017-08-25
JudgeJudge John E. Steele
PlaintiffBrian Timothy Brantley
Case DescriptionBrian Brantley submitted a FOIA request to the Drug Enforcement Administration for records concerning statements made by co-conspirators concerning his case. He subsequently made a second FOIA request for his own statements. The agency provided Brantley with a heavily redacted copy of the report of investigation for his case. Brantley appealed the response to the Office of Information Policy which ruled that because DEA had responded to his request Brantley could not claim that the agency had not responded. Brantley then filed suit.
Complaint issues: Adequacy - Search, Litigation - Attorney's fees

DefendantDrug Enforcement Administration
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [28]
Opinion/Order [33]
Opinion/Order [41]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-12-281COMPLAINT for declaratory and injunctive relief against Drug Enforcement Administration filed by Brian Timothy Brantley. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(Three (3) service copies provided) (drn) (Entered: 12/29/2015)
2015-12-282MOTION for leave to proceed in forma pauperis/affidavit of indigency by Brian Timothy Brantley. (drn) Motions referred to Magistrate Judge Carol Mirando. (Entered: 12/29/2015)
2015-12-293STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by All Divisional Judges on 12/29/2015. (drn) (Entered: 12/29/2015)
2016-01-054AMENDED AFFIDAVIT of indigency by Brian Timothy Brantley. (Attachments: # 1 Mailing Envelope) (SPB) (Entered: 01/06/2016)
2016-02-085RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 2/22/2016. Signed by Judge John E. Steele on 2/8/2016. (WRW) Modified on 10/19/2016. Vacated per Order 26 (drn). (Entered: 02/08/2016)
2016-02-086INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 2/22/2016. Signed by All Divisional Judges on 2/8/2016. (WRW) (Entered: 02/08/2016)
2016-02-237NOTICE of pendency of related cases re 5 Related case order and track 2 notice per Local Rule 1.04(d) by Brian Timothy Brantley. Related case(s): yes. (Attachments: # 1 Mailing Envelope)(drn) (Entered: 02/23/2016)
2016-02-238CERTIFICATE of interested persons and corporate disclosure statement re 6 Interested persons order by Brian Timothy Brantley. (Attachments: # 1 Mailing Envelope)(drn) (Entered: 02/23/2016)
2016-05-039ORDER granting 4 Plaintiff's Amended Affidavit of Indigency, construed as an Amended Motion to Proceed In Forma Pauperis Pursuant to 28 U.S.C. § 1915(a); denying as moot 2 Affidavit of Indigency, construed as a Motion to Proceed In Forma Pauperis Pursuant to 28 U.S.C. § 1915(a). Signed by Magistrate Judge Carol Mirando on 5/3/2016. (LS) (Entered: 05/03/2016)
2016-05-0310SUMMONS issued as to Drug Enforcement Administration, U.S. Attorney and U.S. Attorney General. (drn) (Entered: 05/03/2016)
2016-05-1011REQUEST for waiver of Service sent to Drug Enforcement Administration on 5/10/16 by Brian Timothy Brantley. (SLU) (Entered: 05/10/2016)
2016-05-1012REQUEST for waiver of Service sent to United States Attorney's Office on 5/10/16 by Brian Timothy Brantley. (SLU) (Entered: 05/10/2016)
2016-05-1013REQUEST for waiver of Service sent to Loretta E. Lynch, Office of the United States Attorney General on 5/10/16 by Brian Timothy Brantley. (SLU) Modified on 5/11/2016 to edit docket text (SLU). (Entered: 05/10/2016)
2016-05-1714US Marshal 285 form for civil. (SLU) (Entered: 05/18/2016)
2016-05-1715PROOF of service by Brian Timothy Brantley (SLU) (Entered: 05/18/2016)
2016-05-2316US Marshal 285 form for service by U.S. Certified Mail as to U.S. Attorney General. (drn) (Entered: 05/23/2016)
2016-05-2317US Marshal 285 form for service by U.S. Certified Mail as to Drug Enforcement Administration. (drn) (Entered: 05/23/2016)
2016-08-0118MOTION for clerk's entry of default judgment against Drug Enforcement Administration by Brian Timothy Brantley. (Attachments: # 1 Exhibit, # 2 Mailing Envelope)(drn) (Entered: 08/03/2016)
2016-09-0619ANSWER and affirmative defenses to 1 Complaint by Brian Timothy Brantley.(Cohen, Kyle) (Entered: 09/06/2016)
2016-09-1920NOTICE of amended motion for clerk's entry of default judgment against defendant by Brian Timothy Brantley (Attachments: # 1 Mailing Envelope)(SLU) (Entered: 09/19/2016)
2016-09-1921MOTION for entry of clerk's default against Drug Enforcement Administration by Brian Timothy Brantley. (Attachments: # 1 Text of Proposed Order Entry of Default, # 2 Mailing Envelope)(SLU) Motions referred to Magistrate Judge Carol Mirando. (Entered: 09/19/2016)
2016-09-1922AFFIDAVIT of Brian Timothy Brantley of failure to plead or otherwise defend re: 21 MOTION for entry of clerk's default against Drug Enforcement Administration by Brian Timothy Brantley. (Attachments: # 1 Mailing Envelope)(SLU) (Entered: 09/19/2016)
2016-10-0623ENDORSED ORDER denying as moot 18 Request for Clerk's Entry of Default Judgment. Pursuant to Plaintiff's Notice of Amended Motion for Clerk's Entry of Default Judgment Against Defendant (Doc. 20), wherein he states that he "filed an improper motion for Clerk's entry of default judgment against Defendant," and his subsequent Motion for Clerks Default Against Defendant Drug Enforcement Administration (Doc. 21), the instant motion is denied as moot. Signed by Magistrate Judge Carol Mirando on 10/6/2016. (LS) (Entered: 10/06/2016)
2016-10-1824Unopposed MOTION for miscellaneous relief, specifically To Convert to a Track One Case by Drug Enforcement Administration. (Cohen, Kyle) (Entered: 10/18/2016)
2016-10-1925CASE MANAGEMENT REPORT. (Cohen, Kyle) (Entered: 10/19/2016)
2016-10-1926ORDER granting 24 Motion to convert to a track one case; vacating 5 Track Two Notice. The Clerk shall make a notation that it has been vacated and issue a Track One Notice. Signed by Judge John E. Steele on 10/19/2016. (RKR) (Entered: 10/19/2016)
2016-10-2027RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 1. Notice of pendency of other actions due by 11/3/2016. Signed by All Divisional Judges on 10/20/2016. Pursuant to Doc 26, the Track 2 notice issued on 2/8/2016 is vacated. (WRW) (Entered: 10/20/2016)
2016-10-2728ORDER denying 21 Plaintiff's Motion for Clerk's Default Against Drug Enforcement Administration. Signed by Magistrate Judge Carol Mirando on 10/27/2016. (LS) (Entered: 10/27/2016)
2016-11-0329NOTICE of pendency of related cases re 27 Related case order and track 1 notice per Local Rule 1.04(d) by Drug Enforcement Administration. Related case(s): yes (Cohen, Kyle) (Entered: 11/03/2016)
2016-11-0830MOTION for Reconsideration re 28 Order on Motion for Entry of Default by Brian Timothy Brantley. (Attachments: # 1 Exhibits, # 2 Mailing Envelope)(drn) (Entered: 11/09/2016)
2016-11-2231RESPONSE in Opposition re 30 MOTION for Reconsideration re 28 Order on Motion for Entry of Default filed by Drug Enforcement Administration. (Cohen, Kyle) (Entered: 11/22/2016)
2016-12-1932REPLY to answer and affirmative defenses by Brian Timothy Brantley. (Attachments: # 1 Mailing Envelope)(RMT) (Entered: 12/19/2016)
2016-12-2733ORDER denying 30 Plaintiff's Motion for Reconsideration. Signed by Magistrate Judge Carol Mirando on 12/27/2016. (LS) (Entered: 12/27/2016)
2017-01-3134MOTION for summary judgment by Brian Timothy Brantley. (Attachments: # 1 Mailing Envelope)(SPB) (Entered: 02/02/2017)
2017-02-0935SUMMARY JUDGMENT NOTICE re 34 MOTION for summary judgment (SPB) (Entered: 02/09/2017)
2017-02-1436Unopposed MOTION for Extension of Time to File Response/Reply and Cross Move for Summary Judgment by Drug Enforcement Administration. (Cohen, Kyle) Motions referred to Magistrate Judge Carol Mirando. (Entered: 02/14/2017)
2017-02-1437ENDORSED ORDER granting 36 Defendant's Unopposed Motion for an Extension of Time to File its Response to Plaintiff's Motion for Summary Judgment and Cross Move for Summary Judgment. For good cause shown, the United States shall have up to and including March 1, 2017 to respond to Plaintiff's motion for summary judgment. Signed by Magistrate Judge Carol Mirando on 2/14/2017. (LS) (Entered: 02/14/2017)
2017-03-0138RESPONSE in Opposition re 34 MOTION for summary judgment and Cross Motion for Summary Judgment filed by Drug Enforcement Administration. (Attachments: # 1 Exhibit 1 - Declaration of Katherine Myrick)(Cohen, Kyle) (Entered: 03/01/2017)
2017-03-0739REPLY to Response to Motion re 34 MOTION for summary judgment filed by Brian Timothy Brantley. (Attachments: # 1 Mailing Envelope)(SPB) (Entered: 03/09/2017)
2017-07-2740REPORT AND RECOMMENDATIONS re 34 Plaintiff Brian Timothy Brantley's Motion for Summary Judgment, and 38 Defendant Drug Enforcement Administration's Response in Opposition to Plaintiff's Motion for Summary Judgment and Cross Motion for Summary Judgment. Signed by Magistrate Judge Carol Mirando on 7/27/2017. (HJ) (Entered: 07/27/2017)
2017-08-2541OPINION AND ORDER denying plaintiff's 34 Motion for summary judgment; granting defendant's 38 Cross Motion for summary judgment on the basis of the failure to exhaust administrative remedies; adopting in part 40 Report and Recommendations as the dismissal is without prejudice. The Clerk shall enter judgment in favor of defendant and against plaintiff and the case is dismissed without prejudice for failure to exhaust administrative remedies. The Clerk is further directed to close the file. Signed by Judge John E. Steele on 8/25/2017. (RKR) (Entered: 08/25/2017)
2017-08-2542JUDGMENT in favor of Drug Enforcement Administration against Brian Timothy Brantley (Signed by Deputy Clerk) (drn) (Entered: 08/25/2017)
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by FOIA Project Staff