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Case TitleWhite v. Department of Justice et al
DistrictSouthern District of Illinois
CityEast St. Louis
Case Number3:2016cv00948
Date Filed2016-08-25
Date ClosedOpen
JudgeJudge J. Phil Gilbert
PlaintiffWilliam A White
Case DescriptionWilliam White, a federal prisoner, submitted FOIA requests to the FBI, the Bureau of Prisons, and the U.S. Marshals Service for records about himself. He received more than 18,000 pages from the FBI, but was unsuccessful in getting records from the other two agencies. He appealed the agencies' decision to administratively close his requests and after hearing nothing further from the agencies, White filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantDepartment of Justice
DefendantFederal Bureau of Investigation
DefendantUnited States Marshals Service
DefendantFederal Bureau of Prisons
DefendantBureau of Alcohol, Tobacco, Firearms, and Explosives
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [10]
Opinion/Order [13]
Opinion/Order [55]
Opinion/Order [59]
FOIA Project Annotation: A federal court in Illinois has ruled that federal prisoner William White, who was convicted of a variety of hate crimes, exhausted his administrative remedies by mailing an amended complaint before the statutory deadline. Litigating over a number of requests White sent to components of the Department of Justice, the agency claimed White had failed to appeal various requests administratively. But the court agreed with White that he mailed an amended complaint addressing those issues before the statutory time limit expired. The court pointed out that "although the Court did not allow [White] to file the Amended Complaint until July 2017, after the agencies responded to his requests, the Court deems his Amended Complaint filed the day he tendered it to the Court, not the date the Court allowed it to be filed. Further, under the mailbox rule, White is considered to have 'filed' a document when he turns it over to a prison official to be sent to the Court." The agency argued that Oglesby v. Dept of Army, 920 F.2d 57 (D.C. Cir. 1990), required White to file an administrative appeal. But the court observed that "Oglesby's rule does not require actual exhaustion where White filed his claims before the agencies responded. It would have required actual exhaustion only if the agency had responded before White filed suit on his claims. However, because White tendered his Amended Complaint before any agency response, Oglesby's rule does not apply." The Bureau of Prisons argued that White had failed to state a claim challenging its response to one of White's requests. Construing White's claim liberally, the court observed that "he asserts that his FOIA challenges include 'exhausted records where the agency denies having any responsive records, but public sources show that the agency must have some responsive records.' This can be construed as an assertion that the BOP's search was unreasonable because it did not locate other responsive documents about which White is aware and which were known by the agency and available to it."
Issues: Litigation - Jurisdiction - Failure to Exhaust
Opinion/Order [77]
Opinion/Order [79]
Opinion/Order [117]
Opinion/Order [132]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-08-251COMPLAINT against All Defendants filed by William A White. (Attachments: # 1 Exhibits)(jaj) (Entered: 08/25/2016)
2016-08-252MOTION for Leave to Proceed in forma pauperis by William A White. (jaj) (Entered: 08/25/2016)
2016-08-253Letter from USDC/SDIL to Plaintiff informing him of case number. (Attachments: # 1 Consent to Magistrate Judge) (jaj) (Entered: 08/25/2016)
2016-09-294Supplementary Brief on Breach of Mandatory Duties by William A White. (cds) (Entered: 09/29/2016)
2016-09-295NOTICE of Intervening Case Law by William A White (cds) (Entered: 09/29/2016)
2016-09-296MOTION to Amend 1 Complaint by William A White. (cds) (Entered: 09/29/2016)
2016-10-117ORDER Directing Monthly Payments be made from Prison Account of White, granting 2 MOTION for Leave to Proceed in forma pauperis filed by William A White. Signed by Judge J. Phil Gilbert on 10/4/2016. (tjk) (Entered: 10/11/2016)
2016-10-218MOTION to Stay Collection of Fees re 7 Order Directing Prisoner Payment by William A White. (Attachments: # 1 Envelope)(slj2) (Entered: 10/21/2016)
2016-10-269ORDER DENYING WITHOUT PREJUDICE 6 Motion to Amend/Correct. Signed by Magistrate Judge Donald G. Wilkerson on 10/25/16. (sgp) (Entered: 10/26/2016)
2016-11-0310MEMORANDUM AND ORDER, denying 8 MOTION to Stay re 7 Order Directing Prisoner Payment, Terminate Motions filed by William A White. Signed by Judge J. Phil Gilbert on 11/3/2016. (jdh) (Entered: 11/03/2016)
2016-11-09Filing fee: $ 350.00, receipt number 34625070324 (jsm2) (Entered: 11/09/2016)
2017-02-0611MOTION for Leave to File Amended Complaint (Amended Complaint with exhibits received and under review) by William A White. (tkm) (Entered: 02/06/2017)
2017-03-0812NOTICE of Praecipe by William A White (tkm) (Entered: 03/08/2017)
2017-06-1213MEMORANDUM AND ORDER, re: service. The Court DIRECTS the Clerk of Court to complete, on Plaintiff's behalf, a summons and form USM-285 for service of process on each defendant, DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES MARSHALS SERVICE and FEDERAL BUREAU OF PRISONS, and to issue completed summonses. The Clerk shall provide the United States Marshal all necessary materials and copies for service. Signed by Judge J. Phil Gilbert on 6/12/2017. (jdh) (Entered: 06/12/2017)
2017-06-1314Summons Issued as to Department of Justice. (kdb) (Main Document 14 replaced on 6/13/2017) (mar). (Entered: 06/13/2017)
2017-06-1315Summons Issued as to United States Marshals Service. (kdb) (Entered: 06/13/2017)
2017-06-1316Summons Issued as to Federal Bureau of Investigation. (kdb) (Main Document 16 replaced on 6/13/2017) (mar). (Entered: 06/13/2017)
2017-06-1317Summons Issued as to Federal Bureau of Prisons. (kdb) (Main Document 17 replaced on 6/13/2017) (mar). (Entered: 06/13/2017)
2017-06-1318NOTICE OF MODIFICATION re 16 , 14 , and 17 Summons Issued. Summons re-issued with corrected address information and replaced accordingly. NEF's regenerated. (mar)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/13/2017)
2017-07-0519SUMMONS Returned Executed Federal Bureau of Prisons served on 6/27/2017, answer due 8/28/2017. (jsm2) (Entered: 07/05/2017)
2017-07-0520SUMMONS Returned Executed Department of Justice served on 6/28/2017, answer due 8/28/2017. (jsm2) (Entered: 07/05/2017)
2017-07-0521SUMMONS Returned Executed United States Marshals Service served on 6/28/2017, answer due 8/28/2017. (jsm2) (Entered: 07/05/2017)
2017-07-0722NOTICE of Appearance by Suzanne M. Garrison on behalf of All Defendants (Garrison, Suzanne) (Entered: 07/07/2017)
2017-07-1323SUMMONS Returned Executed Federal Bureau of Investigation served on 6/28/2017, answer due 7/19/2017. (jsm2) (Entered: 07/13/2017)
2017-07-1424ORDER GRANTING 11 Motion for Leave to File. Signed by Magistrate Judge Donald G. Wilkerson on 7/14/17. (sgp) (Entered: 07/14/2017)
2017-07-1725AMENDED COMPLAINT against All Defendants, filed by William A White. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(kdb) (Entered: 07/17/2017)
2017-07-1726CJRA TRACK B assigned: Final Pretrial Conference is set for 9/5/2018 at 9:30 AM in Benton Courthouse before Judge J. Phil Gilbert. Bench Trial is set for 9/17/2018 at 9:00 AM in Benton Courthouse before Judge J. Phil Gilbert.(tag) (Entered: 07/17/2017)
2017-07-2127PRAECIPE by William A White. (jaj) (Entered: 07/24/2017)
2017-07-2428STRICKEN - MOTION for Extension of Time to File Answer re 25 Amended Complaint by Department of Justice, Federal Bureau of Investigation, Federal Bureau of Prisons, United States Marshals Service. (Garrison, Suzanne) Modified on 7/25/2017 (cds). (Entered: 07/24/2017)
2017-07-2529NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 28 Motion for Extension of Time to File Answer filed by Federal Bureau of Prisons, United States Marshals Service, Department of Justice, Federal Bureau of Investigation. Incorrect PDF attached. Filer will re file document. (cds)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 07/25/2017)
2017-07-2530MOTION for Extension of Time to File Answer re 25 Amended Complaint by Department of Justice, Federal Bureau of Investigation, Federal Bureau of Prisons, United States Marshals Service. (Garrison, Suzanne) (Entered: 07/25/2017)
2017-08-0331MOTION to Order the US Marshal to Serve the Bureau of Alcohol, Tobacco, Firearms, and Explosives by William A White. (tkm) (Entered: 08/03/2017)
2017-08-0332ORDER GRANTING 30 Motion for Extension of Time to Answer. Defendants, except Defendants who have not been served, to file an answer by August 31, 2017. Signed by Magistrate Judge Donald G. Wilkerson on 8/3/2017. (sgp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/03/2017)
2017-08-0333ORDER GRANTING 31 Motion for Order: The Court DIRECTS the Clerk of Court to complete, on Plaintiffs behalf, a summons and form USM-285 for service of process on the BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES and to issue completed summonses. The Clerk shall provide the United States Marshal all necessary materials and copies for service. The United States Marshal SHALL, within 90 days of the date of this order, serve Defendants BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES pursuant to Rule 4(i)(2) of the Federal Rules of Civil Procedure by sending a copy of the summons and amended complaint to the agency by registered or certified mail. In addition, pursuant to Federal Rule of Civil Procedure 4(i)(1), the United States Marshal SHALL (1) personally deliver to or send by registered or certified mail addressed to the civil-process clerk at the office of the United States Attorney for the Southern District of Illinois a copy of the summons and the complaint; and (2) send by registered or certified mail to the Attorney General of the United States at Washington, D.C., a copy of the summons and the complaint. All costs of service shall be advanced by the United States. Signed by Magistrate Judge Donald G. Wilkerson on 8/3/2017. (sgp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/03/2017)
2017-08-0434Summons Issued as to Bureau of Alcohol, Tobacco, Firearms, and Explosives. (tkm) (Entered: 08/04/2017)
2017-08-2435SUMMONS Returned Executed Bureau of Alcohol, Tobacco, Firearms, and Explosives served on 8/18/2017, answer due 10/17/2017. (tkm) (Entered: 08/24/2017)
2017-08-2836Second MOTION for Extension of Time to File Answer re 25 Amended Complaint by All Defendants. (Garrison, Suzanne) (Entered: 08/28/2017)
2017-09-0137ORDER GRANTING 36 Second MOTION for Extension of Time to File Answer re 25 Amended Complaint filed by Federal Bureau of Prisons, United States Marshals Service, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice, Federal Bureau of Investigation. Bureau of Alcohol, Tobacco, Firearms, and Explosives answer due 10/2/2017; Department of Justice answer due 10/2/2017; Federal Bureau of Investigation answer due 10/2/2017; Federal Bureau of Prisons answer due 10/2/2017; United States Marshals Service answer due 10/2/2017. Signed by Magistrate Judge Donald G. Wilkerson on 9/1/2017. (sgp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/01/2017)
2017-10-0238MOTION for Partial Summary Judgment by Department of Justice. Responses due by 11/6/2017 (Attachments: # 1 ATF Response, # 2 BOP Response)(Garrison, Suzanne) (Entered: 10/02/2017)
2017-10-0239NOTICE by Department of Justice (Garrison, Suzanne) (Entered: 10/02/2017)
2017-10-0240ANSWER to 25 Amended Complaint by Department of Justice, Federal Bureau of Investigation, Federal Bureau of Prisons, United States Marshals Service.(Garrison, Suzanne) (Entered: 10/02/2017)
2017-10-2341MOTION to Strike Defendants' Second and Third Defenses from 40 Answer to Amended Complaint Pursuant to Fed.R.Civ.P. 12 (f)(2) by William A White. (tjk) (Entered: 10/23/2017)
2017-10-2342WITHDRAWN PER ORDER AT DOC. 89 MOTION for Partial Summary Judgment on the US Marshals Service and Federal Bureau of Investigation Claims and Reply by William A White. Responses due by 11/27/2017 (Attachments: # 1 Exhibit)(tjk) Modified on 3/19/2018 (kdb). (Entered: 10/23/2017)
2017-10-2343MOTION for Partial Summary Judgment and Response by William A White. Responses due by 11/27/2017 (Attachments: # 1 Exhibit)(tjk) (Entered: 10/23/2017)
2017-10-2644RESPONSE to 41 Motion to Strike Defendant's Second and Third Defenses from Doc. 40 filed by Department of Justice. (Garrison, Suzanne) (Entered: 10/26/2017)
2017-11-0945REPLY to Response to Motion re 41 MOTION to Strike 40 Answer to Amended Complaint filed by William A White. (tkm) (Entered: 11/09/2017)
2017-11-1646MOTION to Sanction Department of Justice, Bureau of Alcohol Tobacco Firearms and Explosives, Bureau of Prisons and their Counsel by William A White. (jsm2) (Entered: 11/16/2017)
2017-11-2747RESPONSE to 42 Motion for Partial Summary Judgment filed by Department of Justice, Federal Bureau of Investigation, United States Marshals Service. (Garrison, Suzanne) (Entered: 11/27/2017)
2017-11-2748RESPONSE to 43 Motion for Partial Summary Judgment filed by Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice, Federal Bureau of Prisons. (Garrison, Suzanne) (Entered: 11/27/2017)
2017-11-2749RESPONSE to 46 Motion for Sanctions filed by Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice, Federal Bureau of Prisons. (Garrison, Suzanne) (Entered: 11/27/2017)
2017-11-2750MOTION for Partial Summary Judgment as to Certain Claims Related to Freedom of Information Act Requests Directed to the Federal Bureau of Investigation by Department of Justice, Federal Bureau of Investigation. Responses due by 1/2/2018 (Attachments: # 1 Declaration of David M. Hardy)(Garrison, Suzanne) (Entered: 11/27/2017)
2017-11-2751NOTICE by Department of Justice re 50 MOTION for Partial Summary Judgment as to Certain Claims Related to Freedom of Information Act Requests Directed to the Federal Bureau of Investigation (Garrison, Suzanne) (Entered: 11/27/2017)
2017-12-0652REPLY to Response to Motion re 43 MOTION for Partial Summary Judgment, 42 MOTION for Partial Summary Judgment filed by William A White. (tkm) (Entered: 12/07/2017)
2017-12-0653REPLY to Response to Motion re 46 MOTION for Sanctions filed by William A White. (tkm) (Entered: 12/07/2017)
2017-12-1454RESPONSE to Motion re 50 MOTION for Partial Summary Judgment as to Certain Claims Related to Freedom of Information Act Requests Directed to the Federal Bureau of Investigation filed by William A White. (jsm2) (Entered: 12/14/2017)
2017-12-2055MEMORANDUM AND ORDER, denying 41 MOTION to Strike 40 Answer to Amended Complaint filed by William A White. Signed by Judge J. Phil Gilbert on 12/20/2017. (jdh) (Entered: 12/20/2017)
2018-01-1656STRICKEN PER ORDER AT DOC. 58- RESPONSE to 55 Memorandum & Opinion, Terminate Motions filed by William A White. (jsm2) Modified on 1/17/2018 (jdh). (Entered: 01/16/2018)
2018-01-1657NOTICE of Amended Litigation History Disclosure by William A White (tkm) (Entered: 01/16/2018)
2018-01-1758NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 56 Response filed by William A White. Duplicate document filed at doc.57. (jdh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/17/2018)
2018-01-1959MEMORANDUM AND ORDER, The Court DIRECTS the Clerk of Court to terminate White's request for summary judgment in his summary judgment response brief (Doc. 43), ORDERS that White shall have up to and including February 23, 2018, to file a new motion for summary judgment on the merits to advance his arguments with respect to the remaining claims involving the ATF and BOP, GRANTS in part and DENIES in part the DOJ's motions for partial summary judgment (Docs. 38 & 50). The Court DENIES White's motion for sanctions (Doc. 46) and DIRECTS the Clerk of Court to enter judgment accordingly at the close of the case. Signed by Judge J. Phil Gilbert on 1/19/2018. (jdh) (Entered: 01/19/2018)
2018-01-2360SECOND NOTICE of Amended Litigation History Disclosure by William A White. (jsm2) (Entered: 01/23/2018)
2018-01-2361MOTION for Leave to File an Amended Declaration as to FBI Counter Intelligence Activities against Russia by William A White. (jsm2) (Entered: 01/23/2018)
2018-01-2462ORDER denying as moot 61 Motion for Leave to File Amended Declaration. White seeks to amend an affidavit he submitted in response to the defendant's motion for partial summary judgment, but the Court has already ruled on that summary judgment motion. Signed by Judge J. Phil Gilbert on 1/24/2018. (tlp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/24/2018)
2018-01-3063STRICKEN - MOTION to Dismiss for Failure to State a Claim by Federal Bureau of Prisons. Responses due by 3/5/2018 (Garrison, Suzanne) Modified on 1/30/2018 (cjo). (Entered: 01/30/2018)
2018-01-3064NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 63 Motion to Dismiss for Failure to State a Claim filed by Federal Bureau of Prisons. Document filed with the incorrect case number in the caption and also filed in the incorrect case. (cjo)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/30/2018)
2018-02-0565WITHDRAWN PER ORDER AT DOC. 89 SECOND MOTION for Summary Judgment as to the Bureau of Alcohol, Tobacco, Firearms, and, Explosives (BATFE) Claims by William A White. Responses due by 3/12/2018. (jsm2) Modified on 3/19/2018 (kdb). (Entered: 02/05/2018)
2018-02-0566Second Sworn Declaration as to the BATF FOIA by William A White. (jsm2) (Entered: 02/06/2018)
2018-02-0567STRICKEN Per Order at doc 76- Second Sworn Declaration as to FBI Counter-Intelligence Activities against Russia by William A White. (jsm2) Modified on 2/22/2018 (kdb). (Entered: 02/06/2018)
2018-02-0668WITHDRAWN PER ORDER AT DOC. 89 SECOND MOTION for Summary Judgment as to the Bureau of Prisons (BOP) Claims by William A White. Responses due by 3/12/2018. (Attachments: # 1 Second Sworn Declaration.(jsm2) Modified on 3/19/2018 (kdb). (Entered: 02/06/2018)
2018-02-0969MOTION for Leave to File an Extended Brief in Support of Summary Judgment on the USMS Claims by William A White. (jsm2) (Entered: 02/09/2018)
2018-02-1370ORDER granting 69 Motion for Leave to File. The Clerk of Court is DIRECTED to file the 28-page motion, along with the attached 11-page affidavit, tendered by White. Signed by Judge J. Phil Gilbert on 2/13/2018. (tlp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/13/2018)
2018-02-1371MOTION for Leave to File an Extended Pleading, Motion for Summary Judgment as to the FBI Claims, by William A White. Document received this date and under review. (jaj) (Entered: 02/13/2018)
2018-02-1472ORDER granting 71 Motion for Leave to File Summary Judgment Motion as to the FBI. The Clerk of Court is DIRECTED to file the 61-page motion, along with its attachments, tendered by White. Signed by Judge J. Phil Gilbert on 2/14/2018. (tlp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/14/2018)
2018-02-1473WITHDRAWN PER ORDER AT DOC. 89 SECOND MOTION for Summary Judgment On The US Marshals by William A White. Responses due by 3/19/2018 (Attachments: # 1 Exhibits)(kdb) Modified on 3/19/2018 (kdb). (Entered: 02/14/2018)
2018-02-1474WITHDRAWN PER ORDER AT DOC. 89 SECOND MOTION for Summary Judgment as to the Federal Bureau of Investigation (FBI) Claims by William A White. Responses due by 3/19/2018 (kdb) Modified on 3/19/2018 (kdb). (Entered: 02/14/2018)
2018-02-2075WITHDRAWN PER ORDER AT DOC. 89 MOTION for Partial Summary Judgment on the FBI Aryan Nations Claim by William A White. Responses due by 3/26/2018 (jsm2) Modified on 3/19/2018 (kdb). (Entered: 02/20/2018)
2018-02-2176ORDER STRIKING 67 Affidavit filed by William A White. This is a free-standing document not filed in support of any pending motion and should not have been filed. The Court reminds White that the Court file is not a repository for his evidence in support of his case. Signed by Judge J. Phil Gilbert on 2/21/2018. (tlp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/21/2018)
2018-02-2377STRICKEN ORDER: Dispositive Motions due by 3/23/2018. Signed by Magistrate Judge Donald G. Wilkerson on 2/23/2018. (sgp) Modified on 2/26/2018 (kdb). (Entered: 02/23/2018)
2018-02-2678NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 77 Order, Set Deadlines. Corrected document to be filed. (kdb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/26/2018)
2018-02-2679ORDER: Dispositive Motions due by 3/23/2018. Signed by Magistrate Judge Donald G. Wilkerson on 2/23/2018. (sgp) (Entered: 02/26/2018)
2018-02-2880WITHDRAWN PER ORDER AT DOC. 89 MOTION for Partial Summary Judgment as to 13 Federal Bureau of Investigation ("FBI") FOIA Claims by William A White. Responses due by 4/2/2018.(jsm2) Modified on 3/19/2018 (kdb). (Entered: 02/28/2018)
2018-02-2881MOTION for Briefing Schedule re 65 MOTION for Summary Judgment, 80 MOTION for Summary Judgment, 73 MOTION for Summary Judgment, 68 MOTION for Summary Judgment, 75 MOTION for Summary Judgment, 74 MOTION for Summary Judgment by Department of Justice. (Garrison, Suzanne) (Entered: 02/28/2018)
2018-03-0282WITHDRAWN PER ORDER AT DOC. 89 MOTION for Leave to File an Extended Pleading by William A White. (jsm2) Modified on 3/19/2018 (kdb). (Entered: 03/02/2018)
2018-03-0283ORDER GRANTING 81 Motion. For good cause shown, Defendants shall respond to the pending motions for summary judgment, and any additional motions for summary judgment filed by Plaintiff, by June 21, 2018. Plaintiff is reminded that his deadline for filing such motions is March 23, 2018 and is directed to review this Court's previous Order setting that deadline 79 . Defendants are further GRANTED until June 21, 2018 to file their own motions for summary judgment. Signed by Magistrate Judge Donald G. Wilkerson on 3/2/2018. (sgp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 03/02/2018)
2018-03-0284RESPONSE in Opposition re 82 MOTION for Leave to File an Extended Pleading. filed by Department of Justice. (Garrison, Suzanne) (Entered: 03/02/2018)
2018-03-06Set/Reset Deadlines as to 75 MOTION for Summary Judgment, 74 MOTION for Summary Judgment, 80 MOTION for Summary Judgment, 65 MOTION for Summary Judgment, 68 MOTION for Summary Judgment, 73 MOTION for Summary Judgment. Responses due by 6/21/2018 (kdb) (Entered: 03/06/2018)
2018-03-1285RESPONSE to 81 Motion for Miscellaneous Relief filed by William A White. (jsm2) (Entered: 03/12/2018)
2018-03-1586MOTION for Leave to File an Extended Pleading, Consolidated Third Motion for Summary Judgment by William A White. (jsm2) (Entered: 03/15/2018)
2018-03-1587MOTION to Withdraw 65 MOTION for Summary Judgment, 42 MOTION for Partial Summary Judgment, 73 MOTION for Summary Judgment, 68 MOTION for Summary Judgment, 75 MOTION for Summary Judgment, 74 MOTION for Summary Judgment by William A White. (jsm2) (Entered: 03/15/2018)
2018-03-1588MOTION to Withdraw Document 82 MOTION for Leave to File an Extended Pleading and Reply by William A White. (jsm2) (Entered: 03/15/2018)
2018-03-1689ORDER, The Court GRANTS the motions to withdraw (Docs. 87 & 88) and ORDERS that the pending summary judgment motions (Docs. 42, 65, 68, 73, 74, 75 & 80) and the pending motion for leave to exceed the page limit (Doc. 82) are WITHDRAWN. The Court further GRANTS the motion for leave to file a single, consolidated summary judgment motion that exceeds the twenty-page limit (Doc. 86) and DIRECTS the Clerk of Court to file the tendered motion, along with the proposed exhibits. Signed by Judge J. Phil Gilbert on 3/16/2018. (jdh) (Entered: 03/16/2018)
2018-03-1990THIRD MOTION for Summary Judgment by William A White. Responses due by 4/23/2018 (Attachments: # 1 Proposed Exhibits)(kdb) (Entered: 03/19/2018)
2018-06-1891MOTION to Exceed Page Limit by Department of Justice. (Garrison, Suzanne) (Entered: 06/18/2018)
2018-06-2092ORDER granting 91 Motion to exceed page limit. Signed by Judge J. Phil Gilbert on 6/20/2018. (tlp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/20/2018)
2018-06-2193Second MOTION for Extension of Time to Respond to Third Motion for Summary Judgment , First MOTION for Extension of Time to File Cross-Motion for Summary Judgment by All Defendants. (Garrison, Suzanne) (Entered: 06/21/2018)
2018-06-2294ORDER granting 93 Motion for Extension of Time. The defendants' Response to Third Motion for Summary Judgment and the defendants' Cross-Motion for Summary Judgment are due June 29, 2018. Signed by Judge J. Phil Gilbert on 6/22/2018. (tlp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/22/2018)
2018-06-2595RESPONSE to Motion re 90 MOTION for Summary Judgment filed by Department of Justice. (Attachments: # 1 Attachment 1 - Second Declaration of David Hardy, # 2 Attachment 2 - Hardy Declaration Exhibit A, # 3 Attachment 4 - Declaration of Peter Chisholm, # 4 Attachment 5 - Declaration of Erika Fenstermaker, # 5 Attachment 6 - Fenstermaker Declaration Exhibit A, # 6 Attachment 7 - Fenstermaker Vaughn Index, # 7 Attachment 8 - Declaration of John Wallace, # 8 Attachment 9 - Declaration of Katherine Day, # 9 Attachment 10 - Summary of Plaintiff's FOIA Requests)(Garrison, Suzanne) (Entered: 06/25/2018)
2018-06-2596Sealed Document Attachment 3 - In Camera Ex Parte Declaration of David Hardy re 95 Response to Motion,, by Department of Justice. (Garrison, Suzanne) (Entered: 06/25/2018)
2018-06-2997MOTION to Vacate 92 Order on Motion for Miscellaneous Relief, 94 Order on Motion for Extension of Time, and Strike 91 and 93 for Lack of Service by William A White. (jsm2) (Entered: 06/29/2018)
2018-06-2998Cross MOTION for Summary Judgment by Department of Justice. Responses due by 8/2/2018 (Garrison, Suzanne) (Entered: 06/29/2018)
2018-06-2999NOTICE by Department of Justice to pro se Plaintiff of Consequences of Failing to Respond to Defendants Cross-Motion for Summary Judgment (Garrison, Suzanne) (Entered: 06/29/2018)
2018-07-02100RESPONSE to 97 Motion to Vacate filed by All Defendants. (Garrison, Suzanne) (Entered: 07/02/2018)
2018-07-03101ORDER re: 97 Motion to Vacate. Plaintiff shall have up to and including July 27, 2018, to file objections to the defendants' requests for an extension of 93 time and of 91 page limits. Plaintiff's response to the defendants' 98 motion for summary judgment is stayed pending resolution of his 97 motion to vacate. Signed by Judge J. Phil Gilbert on 7/3/2018. (tlp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 07/03/2018)
2018-07-10102MOTION to Strike 98 Cross MOTION for Summary Judgment as Frivolous, Malicious, Impertinent, and, Intended to Harass by William A White. (jaj) (Entered: 07/10/2018)
2018-07-10103MOTION to Strike 95 Response to Motion and Related Exhibits as Untimely, and, in Violation of SD Ill Local Rule 7.1(d) by William A White. (jsm2) (Entered: 07/10/2018)
2018-07-10104MOTION for Extension of Time to File and for Leave to File an Extended Reply Brief by William A White. (jsm2) (Entered: 07/10/2018)
2018-07-12105ORDER granting 104 Motion for Extension of Time and for Extension of Page Limit. Plaintiff's reply to the defendants' response to his 90 summary judgment motion is stayed pending resolution of his 97 motion to vacate. Plaintiff's brief shall not exceed 30 pages. Signed by Judge J. Phil Gilbert on 7/12/2018. (tlp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 07/12/2018)
2018-07-12106STRICKEN PER ORDER AT DOC. 115 - EXHIBITS to Doc. 104 by William A White. (jsm2) Modified on 7/19/2018 (mar). (Entered: 07/12/2018)
2018-07-12107MOTION to Set Briefing Schedule by William A White. (jsm2) (Entered: 07/12/2018)
2018-07-12108RESPONSE to Motion re 98 Cross MOTION for Summary Judgment filed by William A White. (jsm2) (Entered: 07/12/2018)
2018-07-12109MOTION for Leave to Take Discovery by William A White. (jsm2) (Entered: 07/12/2018)
2018-07-12110RESPONSE to Motion re 109 MOTION for Discovery filed by Department of Justice. (Garrison, Suzanne) (Entered: 07/12/2018)
2018-07-12111RESPONSE to Motion re 103 MOTION to Strike 95 Response to Motion,, filed by Department of Justice. (Garrison, Suzanne) (Entered: 07/12/2018)
2018-07-13112Letter from William A. White regarding exhibits to Reply to Doc. 95 in two separate envelopes. (jsm2) (Entered: 07/13/2018)
2018-07-13113REPLY to Response to Motion re 90 MOTION for Summary Judgment filed by William A White. (jsm2) (Additional attachment(s) added on 8/3/2018: # 1 Exhibit) (kdb). (Entered: 07/13/2018)
2018-07-16114OBJECTIONS to 93 Motion for Extension of Time, Motion for Extension of Time to File, 91 Motion for Miscellaneous Relief by William A White. (jaj) (Entered: 07/16/2018)
2018-07-17115ORDER STRIKING 106 Exhibit filed by William A White. These unnecessary documents were filed in support of a motion upon which the Court has already ruled and should not have been filed separately from the motion. The Court reminds White that the Court file is not a repository for his evidence in support of his case. Signed by Judge J. Phil Gilbert on 7/17/2018. (tlp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 07/17/2018)
2018-07-26116MOTION to Vacate Court's Order Striking Exhibits 115 Order by William A White. (jsm2) (Entered: 07/26/2018)
2018-08-02117MEMORANDUM AND ORDER. Signed by Judge J. Phil Gilbert on 8/2/2018. (jdh) (Entered: 08/02/2018)
2018-08-03118MOTION to Sanction Assistant US Attorney Suzanne M Garrison and, the Department of Justice by William A White. (jsm2) (Entered: 08/03/2018)
2018-08-03119NOTICE of Intent to Seek Sanctions by William A White. (jsm2) (Entered: 08/03/2018)
2018-08-08120RESPONSE to Motion re 118 MOTION for Sanctions filed by Department of Justice. (Garrison, Suzanne) (Entered: 08/08/2018)
2018-08-16121REPLY to Response to Motion re 118 MOTION for Sanctions filed by William A White. (jaj) (Entered: 08/16/2018)
2018-08-31122RESPONSE to 108 Response to Motion filed by Department of Justice. (Attachments: # 1 Attachment 1, Declaration of Katherine A. Day, # 2 Attachment 2, Summary of William White's FOIA Requests)(Garrison, Suzanne) (Entered: 08/31/2018)
2018-09-04123NOTICE RESCHEDULING HEARING: The Final Pretrial Conference is Reset for 3/20/2019 at 9:00 AM with a Bench Trial date of 4/1/2019 at 9:00 AM in Benton Courthouse before Judge J. Phil Gilbert. This matter is STRICKEN from the previous final pre-trial and trial settings.(tag)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/04/2018)
2018-09-10124MOTION to Strike Portions of 122 Response as Insufficient, Immaterial, Impertinent, and, Scandalous pursuant to Fed.R.Civ.P.12(f) by William A White. (jsm2) (Entered: 09/10/2018)
2018-09-10125MOTION to Order AUSA Suzanne M. Garrison, and, the Department of Justice, to Show Cause Why They Should not be Held in Criminal Contempt for Tampering with an Officer of the Court, and, a Witness, and, Resisting the Lawful Process of the Court by William A White. (jsm2) (Entered: 09/10/2018)
2018-10-01126MOTION for Leave to File Supplemental Evidence in Support of My Motion for Summary Judgment 90 and, in Opposition to Defendants' Motion for Summary Judgment 98 by William A White. Proposed Supplement received and under review. (jaj) (Entered: 10/01/2018)
2018-10-02127ORDER denying 125 Motion for order to show cause. White believes the Government's counsel should be held in contempt of court for statingcorrectlythat the Department of Justice is "empowered to file a civil action to restrain harassment of a victim or a witness" in a federal criminal case if information about those third parties is ordered to be disclosed pursuant to the FOIA. This is not the type of conduct that warrants an order to show cause for criminal contempt for unlawfully influencing, injuring or impeding a juror or officer of the Court, see 18 U.S.C. § 1503(a), or for unlawfully obstructing, influencing or impeding an official proceeding, see 18 U.S.C. § 1512(c). Signed by Judge J. Phil Gilbert on 10/2/2018. (tlp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 10/02/2018)
2018-10-02128ORDER denying 126 Motion for Leave to File. White attempts to submit additional documents to supplement his summary judgment briefing. He did not cite those documents or explain their significance in his original briefing, and to allow them to be added at this point would work an end-run around Local Rule 7.1(c)'s prohibition on sur-reply briefs. Signed by Judge J. Phil Gilbert on 10/2/2018. (tlp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 10/02/2018)
2019-01-08129Case Reassigned to Magistrate Judge Gilbert C. Sison. Magistrate Judge Donald G. Wilkerson no longer assigned to the case. (cds) (Entered: 01/08/2019)
2019-01-14130NOTICE by Department of Justice Regarding Processing of FBI FOIA Response (Garrison, Suzanne) (Entered: 01/14/2019)
2019-01-25131REPLY to Defendant FBI's 130 Notice filed by William A White. (lmb) (Entered: 01/25/2019)
2019-02-15132MEMORANDUM AND ORDER, The Court DENIES White's motion for sanctions (Doc. 118 ).The Court DENIES White's motion to strike the defendants' reply in support of its cross-motion for summary judgment (Doc. 124 ). Signed by Judge J. Phil Gilbert on 2/15/2019. (jdh) (Entered: 02/15/2019)
2019-02-15133MOTION for Leave to Present Additional Evidence by William A White. (Attachments: # 1 Exhibits to Motion)(lmb) (Entered: 02/19/2019)
2019-03-05134ORDER denying 133 Motion for leave to present additional evidence. White attempts to submit additional documents to supplement his summary judgment briefing. He did not cite those documents or explain their significance in his original briefing, and to allow them to be added at this point would work an end-run around Local Rule 7.1(c)'s prohibition on sur-reply briefs. Signed by Judge J. Phil Gilbert on 3/5/2019. (tlp) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 03/05/2019)
2019-03-18135NOTICE RESCHEDULING HEARING: The Final Pretrial Conference is Reset for 7/16/2019 at 9:00 AM with a Bench Trial date of 7/29/2019 at 9:00 AM in Benton Courthouse before Judge J. Phil Gilbert. This matter is STRICKEN from the previous final pre-trial and trial settings.(tag)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 03/18/2019)
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