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Case TitleBarkley v. United States Department of Labor, Office of Labor Management Standards et al
DistrictDistrict of Arizona
CityPhoenix Division
Case Number2:2016cv02777
Date Filed2016-08-18
Date Closed2017-06-12
JudgeMagistrate Judge Deborah M Fine
PlaintiffJoshua S Barkley
Case DescriptionJoshua Barkley submitted multiple FOIA requests to the Department of Labor for records concerning allegedly illegal actions taken against him by a labor union. The agency apparently denied some of the requests under Exemption 7(A) (ongoing investigation or proceeding). Barkley then filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Recovery of Costs

DefendantUnited States Department of Labor, Office of Labor Management Standards named in caption as: US Department of Labor/ OLMS
TERMINATED: 12/13/2016
DefendantUnited States Department of Labor, Office of Labor Management Standards named in caption as: US Department of Labor/ OLMS
DefendantIndependent Certified Emergency Professionals of Arizona/NAGE/SEIU 5000 also named as: ICEP/NAGE/SEIU/5000
TERMINATED: 11/08/2016
DefendantIndependent Certified Emergency Professionals of Arizona/NAGE/SEIU 5000 also named as: ICEP/NAGE/SEIU/5000
DefendantThomas Perez
TERMINATED: 12/14/2016
Documents
Docket
Complaint
Opinion/Order [39]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-08-181COMPLAINT. Filing fee received: $400.00, receipt number PHX175387 filed by Joshua S Barkley.(REK) (Entered: 08/19/2016)
2016-08-182SUMMONS Submitted by Joshua S Barkley. (Attachments: # 1 Summons)(REK) (Entered: 08/19/2016)
2016-08-183REQUEST BY NON-PRISONER PRO SE PARTY FOR ELECTRONIC NOTICING filed by Joshua S Barkley. Pro se parties must promptly notify the Clerks Office, in writing, if there is a change in designated e-mail address or mailing address. (REK) (Entered: 08/19/2016)
2016-08-184MOTION to Allow Electronic Filing by a Party Appearing without an Attorney and Supporting Information by Joshua S Barkley. (REK) (Entered: 08/19/2016)
2016-08-185Filing fee paid, receipt number PHX175387. This case has been assigned to the Honorable Deborah M. Fine. All future pleadings or documents should bear the correct case number: CV-16-02777-PHX-DMF. Magistrate Election form attached. (Attachments: # 1 Magistrate Consent Form)(REK) (Entered: 08/19/2016)
2016-08-186Summons Issued as to Independent Certified Emergency Professionals of Arizona/NAGE/SEIU 5000, United States Department of Labor, Office of Labor Management Standards to Plaintiff at front counter - NO PDF ATTACHED. (REK) (Entered: 08/19/2016)
2016-08-237ORDER granting 4 Plaintiff Joshua S. Barkley's Motion for permission to file electronically using the Court's electronic filing system. Signed by Magistrate Judge Deborah M Fine on 8/22/16.(DXD) (Entered: 08/23/2016)
2016-08-318ORDER that defendant shall serve an answer or otherwise plead within 30 days after service, unless the Court otherwise directs. See PDF document for further details. Signed by Magistrate Judge Deborah M Fine on 8/30/16. (LSP) (Entered: 08/31/2016)
2016-09-129Order that Joshua S Barkley show cause for failure to comply with LRCiv 3.7(b) before Judge Susan R Bolton. Show Cause Hearing set for 10/3/2016 at 04:30 PM before Judge Susan R Bolton. (Attachments: # 1 Instructions, # 2 Consent Form)(MAP) (Entered: 09/12/2016)
2016-09-1310* MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss Case by Independent Certified Emergency Professionals of Arizona/NAGE/SEIU 5000. (Attachments: # 1 Exhibit)(Petitti, Michael). *Modified to add 2 Motion parts on 9/14/2016* (REW). (Entered: 09/13/2016)
2016-09-1311Magistrate Election Form Deadline. (Attachments: # 1 Consent Form)(MAP) (Entered: 09/14/2016)
2016-09-1412Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 09/14/2016)
2016-09-1513Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 09/16/2016)
2016-09-1614ORDER - Plaintiff shall have 30 days from the date this Order is docketed to file a response to Defendant ICEP's 10 Motion to Dismiss. Signed by Magistrate Judge Deborah M Fine on 9/15/16. (DXD) (Entered: 09/16/2016)
2016-10-1115RESPONSE in Opposition re: 10 MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss Case filed by Joshua S Barkley. (LAD) (180 pages) (Entered: 10/11/2016)
2016-10-1116MOTION for Entry of Default as to Department of Labor by Joshua S Barkley. (LAD) (4 pages) (Entered: 10/11/2016)
2016-10-1117MEMORANDUM in Support of 16 MOTION for Entry of Default as to Department of Labor by Plaintiff Joshua S Barkley. (LAD) (5 pages) (Entered: 10/11/2016)
2016-10-1118AFFIDAVIT of Joshua S Barkley in Support of 16 MOTION for Entry of Default as to Department of Labor by Plaintiff Joshua S Barkley. (LAD) (3 pages) (Entered: 10/11/2016)
2016-10-1219ORDER denying Plaintiff's 16 Motion for Entry of Default. (See document for further details). Signed by Magistrate Judge Deborah M Fine on 10/12/16. (LAD) (Entered: 10/12/2016)
2016-10-3120REPLY to Response to Motion re: 10 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss Case filed by Independent Certified Emergency Professionals of Arizona/NAGE/SEIU 5000. (Petitti, Michael) (Entered: 10/31/2016)
2016-11-0821ORDER granting 10 Union's motion to dismiss as a dismissal without prejudice. If Plaintiff seeks to file a First Amended Complaint against the Union (ICEP) in this case which cures the deficiencies outlined and otherwise meets pleading requirements as set forth and under the applicable rules, Plaintiff must do so within thirty days of the filing of this Order. Signed by Magistrate Judge Deborah M Fine on 11/8/16.(LSP) (Entered: 11/08/2016)
2016-11-2122ORDER Show Cause Response due by 12/6/2016. Plaintiff shall file a written statement on or before December 6, 2016, showing cause, if any, as to why Plaintiffs claims against Defendant Department of Labor should not be dismissed for failure to properly and timely serve Defendant Department of Labor. Signed by Magistrate Judge Deborah M Fine on 11/21/16. (DXD) (Entered: 11/21/2016)
2016-11-3023ANSWER to 1 Complaint by United States Department of Labor, Office of Labor Management Standards.(Morrison, Kristina) (Entered: 11/30/2016)
2016-11-3024Magistrate Election Form Deadline set as to United States Department of Labor, Office of Labor Management Standards. (Attachments: # 1 Consent Form)(MAP) (Entered: 12/01/2016)
2016-11-3025RESPONSE TO ORDER TO SHOW CAUSE re: 22 Order, Set Deadlines by Plaintiff Joshua S Barkley. (DXD) (Entered: 12/01/2016)
2016-12-0126Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 12/02/2016)
2016-12-0227Minute Order: In accordance with 28 USC 636(c), all parties have voluntarily consented to have Magistrate Judge Deborah M. Fine conduct all further proceedings in this case, including trial and entry of final judgment, and conduct all post-judgment proceedings, with direct review by the Ninth Circuit Court of Appeals, if an appeal is filed. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 12/02/2016)
2016-12-0628ORDER deeming the Order to Show Cause (Doc. 22 ) satisfied. Signed by Magistrate Judge Deborah M Fine on 12/2/16. (DXD) (Entered: 12/06/2016)
2016-12-0629SCHEDULING ORDER: Dispositive motions due by 3/30/2017. See PDF for details. Signed by Magistrate Judge Deborah M Fine on 12/2/16. (DXD) (Entered: 12/06/2016)
2016-12-1330**STRICKEN by (Doc. 32 ) RESPONSE re: 23 Answer to Complaint by Plaintiff Joshua S Barkley. (DXD) **Modified on 12/14/2016 (DXD). (Entered: 12/14/2016)
2016-12-1331**STRICKEN by (Doc. 33 ) AMENDED COMPLAINT against United States Department of Labor, Office of Labor Management Standards, Thomas Perez filed by Joshua S Barkley.(DXD) **Modified on 12/14/2016 (DXD). (Entered: 12/14/2016)
2016-12-1432ORDER striking Plaintiff's Reply to Answer (Doc. 30 ). Signed by Magistrate Judge Deborah M Fine on 12/14/16. (DXD) (Entered: 12/14/2016)
2016-12-1433ORDER striking Plaintiff's Amended Complaint (Doc. 31 ) and terminating any new party (Thomas Perez) named in such. Signed by Magistrate Judge Deborah M Fine on 12/14/16. (DXD) (Entered: 12/14/2016)
2017-03-3034MOTION for Summary Judgment by United States Department of Labor, Office of Labor Management Standards. (Morrison, Kristina) (Entered: 03/30/2017)
2017-03-3035*STATEMENT OF FACTS re: 34 Motion for Summary Judgment by Defendant United States Department of Labor, Office of Labor Management Standards. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Morrison, Kristina) *Modified on 3/31/2017 to add document linkage (ATD). (Entered: 03/30/2017)
2017-03-3136ORDER - Plaintiff shall file any response to Defendants' 34 motion for summary judgment, together with supporting affidavits or other appropriate exhibits and a separate statement of facts on or before May 1, 2017. See document for details. Signed by Magistrate Judge Deborah M Fine on 3/31/2017. (ATD) (Entered: 03/31/2017)
2017-04-2737RESPONSE to Motion re: 34 MOTION for Summary Judgment filed by Joshua S Barkley. (DXD) (Entered: 04/27/2017)
2017-05-0138*REPLY to Response to Motion re: 34 MOTION for Summary Judgment , 35 Statement of Facts by Defendant United States Department of Labor, Office of Labor Management Standards. (Morrison, Kristina) *Modified to correct event type on 5/2/2017 (KGM). (Entered: 05/01/2017)
2017-06-1239ORDER granting 34 Defendant's Motion for Summary Judgment. The Clerk shall enter judgment and terminate this action with prejudice. Signed by Magistrate Judge David K Duncan on 6/9/17.(DXD) (Entered: 06/12/2017)
2017-06-1240CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that, pursuant to the Court's Order filed June 12, 2017, which granted the Motion for Summary Judgment, judgment is entered in favor of defendants and against plaintiff. Plaintiff to take nothing, and the complaint and action are dismissed with prejudice. (DXD) (Entered: 06/12/2017)
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by FOIA Project Staff