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Case TitleJarrell v. McDonald et., al.
DistrictSouthern District of Ohio
CityDayton
Case Number3:2016cv00095
Date Filed2016-03-18
Date Closed2017-02-15
JudgeJudge Walter H. Rice
PlaintiffStephen Paul Jarrell
Case DescriptionStephen Jarrell submitted a FOIA request to the Department of Veterans Affairs for records concerning various claims he had submitted. While some of his claims challenged the accuracy and maintenance of his records, others requested disclose of the records. After the agency failed to respond, he filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantRobert McDonald In his individual capacity (Secretary of Veterans Affairs)
DefendantUS Attorney General
DefendantUS Attorney
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [18]
FOIA Project Annotation: The court found that Stephen Jarrell had failed to show that he had any cause of action under the Privacy Act.
Issues: Litigation - Jurisdiction - Failure to State a Claim
Opinion/Order [37]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-03-181COMPLAINT against Robert McDonald (Filing Fee of $400 paid under receipt number 300DAY017041), filed by Stephen Paul Jarrell. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Form, # 3 Summons Form, # 4 Summons Form) (srb) (Entered: 03/18/2016)
2016-03-182Summons Issued as to Robert McDonald, US Attorney, US Attorney General, U.S. Attorney and U.S. Attorney General (srb) (Entered: 03/18/2016)
2016-03-233RELATED CASE MEMORANDUM ORDER: The Judges agree that this case and case number 3:16-cv-007 ARE related. Case reassigned to Judge Walter H. Rice and Judge Walter H. Rice for all further proceedings. Signed by Judge Thomas M. Rose on 3/23/2016. (ead)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 03/23/2016)
2016-04-014AMENDED COMPLAINT against Robert McDonald, US Attorney, US Attorney General, filed by Stephen Paul Jarrell. (ead) (Entered: 04/01/2016)
2016-04-015Summons Reissued as to Robert McDonald, US Attorney, US Attorney General, U.S. Attorney and U.S. Attorney General (ead) (Entered: 04/01/2016)
2016-04-186SUMMONS Returned Executed as to Defendant Robert McDonald. Robert McDonald served on 3/24/2016, answer due 5/23/2016. (srb) (Entered: 04/18/2016)
2016-04-187SUMMONS Returned Executed as to Defendant US Attorney General. US Attorney General served on 3/23/2016, answer due 5/23/2016. (srb) (Entered: 04/18/2016)
2016-04-188SUMMONS Returned Executed as to Defendant US Attorney. US Attorney served on 3/18/2016, answer due 5/17/2016. (srb) (Entered: 04/18/2016)
2016-05-119MOTION for Extension of Time to File Answer New date requested 6/21/2016. by Defendants Robert McDonald, US Attorney, US Attorney General. Responses due by 6/6/2016 (Dunsky, Gregory) (Entered: 05/11/2016)
2016-05-12NOTATION ORDER granting Defendants' 9 Motion for Extension of Time to Answer Stephen Paul Jarrell's Amended Complaint. Answer due 6/21/2016. Signed by Chief Magistrate Judge Sharon L. Ovington on 5/12/16. (rp)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 05/12/2016)
2016-05-12Set/Reset Deadlines: Robert McDonald answer to amended complaints due 6/21/2016; US Attorney answer to amended complaint due 6/21/2016; US Attorney General answer to amended complaint due 6/21/2016. (jmb) (Entered: 05/13/2016)
2016-06-2110MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction ( Responses due by 7/15/2016) by Defendants Robert McDonald, US Attorney, US Attorney General. (Attachments: # 1 Declaration of Charles Moore, # 2 Declaration of Richard Ivy, # 3 Affidavit Gregory Dunsky) (Dunsky, Gregory) (Entered: 06/21/2016)
2016-06-2211NOTICE TO PRO SE PLAINTIFF OF MOTION TO DISMISS. RE: 10 (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 06/22/2016)
2016-06-2412PLAINTIFF'S MOTION IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS re 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff Stephen Paul Jarrell. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21) (srb) (Entered: 06/24/2016)
2016-07-0113MOTION for Extension of Time to File Response/Reply as to 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction New date requested 7/22/2016. by Defendants Robert McDonald, US Attorney, US Attorney General. Responses due by 7/25/2016 (Dunsky, Gregory) (Entered: 07/01/2016)
2016-07-05NOTATION ORDER: Granting 13 Defendants' Motion for Extension of Time to File Response/Reply. Defendants' Response/Reply due by 7/22/2016. Signed by Chief Magistrate Judge Sharon L. Ovington on 7/5/2016. (lek) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 07/05/2016)
2016-07-0614RESPONSE in Opposition- {Entitle} PLAINTIFF'S MOTION IN OPPOSITION TO DEFENDANTS' MOTION FOR EXTENSION OF TIME TO FILE THEIR REPLY MEMORANDUM IN SUPPORT OF THEIR MOTION TO DISMISS re 13 MOTION for Extension of Time to File Response/Reply as to 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction New date requested 7/22/2016. filed by Plaintiff Stephen Paul Jarrell. (kma) Modified on 7/7/2016 (pb). (Entered: 07/06/2016)
2016-07-07NOTATION ORDER: Denying 14 Plaintiff's Motion in Opposition as moot. Signed by Chief Magistrate Judge Sharon L. Ovington on 7/7/2016. (lek) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 07/07/2016)
2016-07-2015REPLY to Response to Motion re 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by Defendants Robert McDonald, US Attorney, US Attorney General. (Dunsky, Gregory) (Entered: 07/20/2016)
2016-07-2516PLAINTIFF'S MOTION FOR LEAVE TO FILE PLAINTIFF'S REPLY MEMORANDUM IN SUPPORT OF HIS MEMORANDUM IN OPPOSITION re 11 by Plaintiff Stephen Paul Jarrell. Responses due by 8/18/2016 (Attachments: # 1 Exhibit 23, # 2 Exhibit 24, # 3 Exhibit 25, # 4 Exhibit 26, # 5 Exhibit 27) (kma) (Entered: 07/25/2016)
2016-07-2717NOTICE of Appearance by Matthew Joseph Horwitz for Defendants Robert McDonald, US Attorney, US Attorney General (Horwitz, Matthew) (Entered: 07/27/2016)
2016-08-22ORDER granting 16 Plaintiff's Motion for Leave to File. Plaintiff's Memorandum 16 is accepted as filed. Signed by Chief Magistrate Judge Sharon L. Ovington on 8-22-16. (mcm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 08/22/2016)
2017-01-1818REPORT AND RECOMMENDATIONS (1) 10 DEFENDANTS' MOTION TO DISMISS be DENIED, in part, as to Plaintiff's Claim #1; and GRANTED in remaining part; and (2) Defendants United States Attorney and United States Attorney General be dismissed as parties to this case. Objections to R&R due by 2/1/2017. Signed by Magistrate Judge Sharon L. Ovington on 1-18-17. (mcm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 01/18/2017)
2017-01-1919NOTICE of Substitution of Counsel - William Bryan King, II substituting for Gregory P. Dunsky as to Defendant Robert McDonald. (King, William) (Entered: 01/19/2017)
2017-02-1520DECISION AND ENTRY ADOPTING IN THEIR ENTIRETY REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE (DOC. # 18 ); MOTION TO DISMISS OF DEFENDANTS DAVID SHULKIN, SECRETARY OF THE DEPARTMENT OF VETERANS AFFAIRS, BENJAMIN GLASSMAN, ACTING UNITED STATES ATTORNEY FOR THE SOUTHERN DISTRICT OF OHIO, ANDJEFFERSON SESSIONS, UNITED STATES ATTORNEY GENERAL (DOC. # 10 ), IS SUSTAINED IN PART AND OVERRULED IN PART; ALL OF PLAINTIFF STEPHEN PAUL JARRELL'S CLAIMS AGAINST THE U.S. ATTORNEY AND ATTORNEY GENERAL ARE DISMISSED WITHPREJUDICE; PLAINTIFF'S CLAIM ONE AGAINST THE SECRETARY SHALL PROCEED TO DISCOVERY, AND CLAIMS TWO THROUGH TWELVE AGAINST THE SECRETARY ARE DISMISSED WITH PREJUDICE; JUDGMENT SHALL ULTIMATELY ENTER IN FAVOR OF THE SECRETARY, U.S. ATTORNEY AND ATTORNEY GENERAL AND AGAINST PLAINTIFF IN THE MANNER SET FORTH ABOVE. Signed by Judge Walter H. Rice on 2/14/17. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 02/15/2017)
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by FOIA Project Staff