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Case TitleEakin v. United States Department of Defense
DistrictWestern District of Texas
CitySan Antonio
Case Number5:2016cv00972
Date Filed2016-09-30
Date ClosedOpen
JudgeJudge Royce C. Lamberth
PlaintiffJohn Eakin
Case DescriptionJohn Eakin, a researcher on missing in action issues, submitted a FOIA request to the Department of Defense for electronic records of all World War II era individual deceased personnel files. The agency acknowledged receipt of the request and took a 10-day extension. After hearing nothing further from the agency, Eakin filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUnited States Department of Defense
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [29]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-09-30THIS CASE HAS BEEN RANDOMLY ASSIGNED TO JUDGE XAVIER RODRIGUEZ. (fs) (Entered: 09/30/2016)
2016-09-30If ordered by the court, all referrals will be assigned to Magistrate Judge Primomo. (fs) (Entered: 09/30/2016)
2016-09-301COMPLAINT ( Filing fee $ 400 receipt number 500036375), filed by John Eakin. (Attachments: # 1 Civil Cover Sheet, # 2 Filing Fee Receipt)(fs) (Entered: 09/30/2016)
2016-09-302MOTION For Leave to File Electronically by John Eakin. (fs) (Entered: 09/30/2016)
2016-09-303Summons Issued as to United States Department of Defense, U.S. Attorney and U.S. Attorney Department of Justice (fs) (Entered: 09/30/2016)
2016-09-30Text Order GRANTING 2 Motion for leave to file electronically entered by Judge Xavier Rodriguez. Plaintiff may file electronically pursuant to the electronic filing requirements for a pro se litigant set forth in the Administrative Policies and Procedures for Electronic Filing in Criminal and Civil Cases found on the Court's website. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lel) (Entered: 09/30/2016)
2016-10-174SUMMONS Returned Executed by John Eakin. Department of Defense (Eakin, John) Modified on 10/17/2016 (rg). (Entered: 10/17/2016)
2016-10-175SUMMONS Returned Executed by John Eakin. United States Department of Defense served on 10/11/2016, answer due 12/12/2016. (Eakin, John) (Entered: 10/17/2016)
2016-10-176SUMMONS Returned Executed on 10/3/2016 by John Eakin. US Atty (Eakin, John) (Entered: 10/17/2016)
2016-10-17Reset Deadlines: United States Department of Defense answer due 12/2/2016. (rg) (Entered: 10/17/2016)
2016-10-187NOTICE Statutory time to answer FOIA complaint by John Eakin (Eakin, John) (Entered: 10/18/2016)
2016-11-018Defendant's ANSWER to Complaint . Attorney Robert Shaw-Meadow added to party United States Department of Defense(pty:dft) by United States Department of Defense.(Shaw-Meadow, Robert) (Entered: 11/01/2016)
2016-11-019ORDER AND ADVISORY for Scheduling Recommendations/Proposed Scheduling Order. Plaintiff shall submit scheduling recommendations/proposed scheduling order to the Court. (Scheduling Recommendations/Proposed Scheduling Order due by 12-1-16); Notice of right to consent to disposition of a civil case by a U.S. Magistrate Judge. Signed by Judge Xavier Rodriguez. (jhw) (Entered: 11/01/2016)
2016-11-01Set/Reset Deadlines: Scheduling Recommendations/Proposed Scheduling Order due by 12/1/2016, (rf) (Entered: 11/02/2016)
2016-11-2310CONSENT to Trial by US Magistrate Judge by John Eakin. (rf) (Entered: 11/23/2016)
2016-12-0111STATUS REPORT Joint Rule 26(f) Report and Response to Court Order of November 1, 2016 by United States Department of Defense. (Shaw-Meadow, Robert) (Entered: 12/01/2016)
2016-12-0112Scheduling Recommendations/Proposed Scheduling Order Joint by United States Department of Defense. (Shaw-Meadow, Robert) (Entered: 12/01/2016)
2016-12-0113NON-CONSENT to Trial by US Magistrate Judge by United States Department of Defense. (Shaw-Meadow, Robert) (Entered: 12/01/2016)
2016-12-0114NOTICE of Attorney Absence by United States Department of Defense (Shaw-Meadow, Robert) (Entered: 12/01/2016)
2016-12-0715SCHEDULING ORDER: Plaintiff's amended pleadings or motions to join parties due 12-30-16; Defendant's motion to designate third parties, amend pleadings or join parties is 1-20-17; Pretrial Motions due 2-1-17. Signed by Judge Xavier Rodriguez. (jhw) (Entered: 12/07/2016)
2017-01-2416MOTION for Summary Judgment by John Eakin. (Eakin, John) (Entered: 01/24/2017)
2017-01-3117Opposed MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Summary Judgment and to Submitt Cross Motion for Summary Judgment by United States Department of Defense. (Attachments: # 1 Exhibit, # 2 Exhibit)(Shaw-Meadow, Robert) (Entered: 01/31/2017)
2017-02-0318Response in Opposition to Motion, filed by John Eakin, re 17 Opposed MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Summary Judgment and to Submitt Cross Motion for Summary Judgment filed by Defendant United States Department of Defense (Attachments: # 1 Exhibit Exemplar FOIA request)(Eakin, John) (Entered: 02/03/2017)
2017-02-0719NOTICE of Withdrawal and Substitution of Counsel by United States Department of Defense (Kruger, Mary) (Entered: 02/07/2017)
2017-02-0920RESPONSE in Support, filed by United States Department of Defense, re 17 Opposed MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Summary Judgment and to Submitt Cross Motion for Summary Judgment filed by Defendant United States Department of Defense (Attachments: # 1 Proposed Order)(Kruger, Mary) (Entered: 02/09/2017)
2017-03-1321ORDER REASSIGNING CASE. Case reassigned to Judge Royce C. Lamberth for all proceedings. Judge Xavier Rodriguez no longer assigned to case. Signed by Judge Xavier Rodriguez. (rg) (Entered: 03/14/2017)
2017-06-0122Cross MOTION for Summary Judgment and Response to Plaintiff's Motion for Summary Judgment , MOTION to Stay Case in the Alternative by United States Department of Defense. (Attachments: # 1 Response to Plaintiff's Statement of Material Facts, # 2 Exhibit 1- Wey Declaration)(Kruger, Mary) (Entered: 06/01/2017)
2017-06-0723MOTION to Strike 22 Cross MOTION for Summary Judgment and Response to Plaintiff's Motion for Summary Judgment MOTION to Stay Case in the Alternative by John Eakin. (Eakin, John) (Entered: 06/07/2017)
2017-06-0724Response in Opposition to Motion, filed by John Eakin, re 22 Cross MOTION for Summary Judgment and Response to Plaintiff's Motion for Summary Judgment MOTION to Stay Case in the Alternative filed by Defendant United States Department of Defense (Eakin, John) (Entered: 06/07/2017)
2017-06-1425RESPONSE to Motion, filed by United States Department of Defense, re 23 MOTION to Strike 22 Cross MOTION for Summary Judgment and Response to Plaintiff's Motion for Summary Judgment MOTION to Stay Case in the Alternative filed by Plaintiff John Eakin (Kruger, Mary) (Entered: 06/14/2017)
2017-06-1426RESPONSE in Support, filed by United States Department of Defense, re 22 Cross MOTION for Summary Judgment and Response to Plaintiff's Motion for Summary Judgment MOTION to Stay Case in the Alternative filed by Defendant United States Department of Defense (Kruger, Mary) (Entered: 06/14/2017)
2017-08-0227ORDER GRANTING 17 Motion for Extension of Time to File Response/Reply nunc pro tunc Signed by Judge Royce C. Lamberth. (ad) (Entered: 08/02/2017)
2017-08-0228ORDER MOOTING 23 Motion to Strike Signed by Judge Royce C. Lamberth. (ad) (Entered: 08/02/2017)
2017-08-0229MEMORANDUM OPINION. Signed by Judge Royce C. Lamberth. (ad) (Entered: 08/02/2017)
2017-08-0230ORDER GRANTING IN PART AND DENYING IN PART 16 Motion for Summary Judgment; DENYING 22 Motion for Summary Judgment; GRANTING 22 Motion to Stay Case Signed by Judge Royce C. Lamberth. (ad) (Entered: 08/02/2017)
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by FOIA Project Staff