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Case TitleBraun v. Federal Bureau of Investigation
DistrictDistrict of Montana
CityButte
Case Number2:2016cv00040
Date Filed2016-05-02
Date Closed2017-02-07
JudgeJudge Brian Morris
PlaintiffDavid Steven Braun
DefendantFederal Bureau of Investigation
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-05-021MOTION for Leave to Proceed in forma pauperis by Plaintiff David Steven Braun. Motions referred to Carolyn S Ostby. (TAG, ) (Entered: 05/02/2016)
2016-05-022COMPLAINT IFP/PRISONER (Filing fee $ 400 not paid), filed by David Steven Braun. (Attachments: # 1 Exhibit, # 2 Summons, # 3 Certification of Identity) (TAG, ) Modified on 6/22/2016: filing fee paid (TAG, ). (Entered: 05/02/2016)
2016-05-023MOTION for Leave to File Under Seal by Plaintiff David Steven Braun. Motions referred to Carolyn S Ostby. (TAG, ) (Entered: 05/02/2016)
2016-05-024Lodged Sealed Document re: 3 MOTION for Leave to File Under Seal filed by David Steven Braun. (TAG, ) (Entered: 05/02/2016)
2016-05-025MOTION to Verify Identity by Plaintiff David Steven Braun. Motions referred to Carolyn S Ostby. (TAG, ) (Entered: 05/02/2016)
2016-05-026NOTICE OF CASE OPENING re 2 Complaint IFP/Prisoner (Attachments: # 1 NOTICE TO PRO SE LITIGANTS AND CONSENT TO ELECTRONIC SERVICE, # 2 PRO SE REQUEST TO FILE BY EMAIL) (TAG, ) (Entered: 05/02/2016)
2016-05-067NOTICE AND CONSENT TO ELECTRONIC SERVICE by David Steven Braun (TAG, ) (Entered: 05/06/2016)
2016-05-068Pro Se Request for Leave to File by E-mail by David Steven Braun. (TAG, ) (Entered: 05/06/2016)
2016-05-129Agreement to Allow Pro Se Party to File by E-Mail. (TAG, ) (Entered: 05/12/2016)
2016-05-2310MOTION to Investigate by Plaintiff David Steven Braun. Motions referred to Carolyn S Ostby. (TAG, ) (Entered: 05/23/2016)
2016-05-2311Brief/Memorandum in Support re 10 MOTION to Investigate filed by David Steven Braun. (Attachments: # 1 Exhibits) (TAG, ) (Entered: 05/23/2016)
2016-06-1612MOTION to Withdraw 1 MOTION for Leave to Proceed in forma pauperis by Plaintiff David Steven Braun. Motions referred to Carolyn S Ostby. (TAG, ) (Entered: 06/16/2016)
2016-06-2013ORDER. Motion to Proceed IFP 1 WITHDRAWN. MOTION to File Under Seal 3 GRANTED. Motion to Verify Identity 5 DENIED. Motion to Investigate 10 DENIED without prejudice. Filing fee due by 7/15/16. Signed by Magistrate Judge Carolyn S Ostby on 6/20/2016. (TAG, ) (Entered: 06/20/2016)
2016-06-22Filing fee: $ 400, receipt number MTX100012928 (TAG, ) (Entered: 06/22/2016)
2016-06-2214Summons Issued as to Federal Bureau of Investigation, U.S. Attorney and U.S. Attorney General. Original Summonses mailed to Braun. (TAG, ) (Entered: 06/22/2016)
2016-07-0115Proof of Service filed by David Steven Braun. (TAG, ) (Entered: 07/01/2016)
2016-08-0116ANSWER to Complaint by Federal Bureau of Investigation. (Attachments: # 1 Exhibit Letter) (Francis, Victoria) (Entered: 08/01/2016)
2016-08-0317TRANSFER ORDER. This case is transferred to the Butte Division. The matter has a new case number of CV-16-00040-BU-BMM-JCL. All further filing in this matter must be done under this new case number. Signed by Magistrate Judge Carolyn S Ostby on 8/3/2016. (TAG, ) (Entered: 08/03/2016)
2016-08-03Case Number 1:16-cv-49 transferred in from Billings Division on 08/03/2016. Case assigned to Judge Brian Morris and Magistrate Judge Jeremiah C. Lynch. (TAG, ) (Entered: 08/03/2016)
2016-08-2418MOTION to Compel by Plaintiff David Steven Braun. Motions referred to Jeremiah C. Lynch. (TAG, ) (Entered: 08/25/2016)
2016-08-2419Brief/Memorandum in Support re 18 MOTION to Compel filed by David Steven Braun. (Attachments: # 1 Exhibit) (TAG, ) (Entered: 08/25/2016)
2016-09-0620ORDER denying 18 Motion to Compel Signed by Magistrate Judge Jeremiah C. Lynch on 9/6/2016. (TCL, ) (Entered: 09/06/2016)
2016-09-1421Objection/Motion for Hearing and Reconsideration re: 20 Order on Motion to Compel. (Attachments: # 1 Exhibit) (TAG, ) (Entered: 09/14/2016)
2016-09-2322MOTION for Leave to File Supplement by Plaintiff David Steven Braun Motions referred to Jeremiah C. Lynch. (ELL, ) (Entered: 09/23/2016)
2016-09-2323Brief/Memorandum in Support re 22 MOTION for Leave to File filed by David Steven Braun. (Attachments: # 1 Exhibits) (ELL, ) (Entered: 09/23/2016)
2016-09-2324NOTICE/Supplement Exhibit Evidence Disk by David Steven Braun re 22 MOTION for Leave to File, 23 Brief/Memorandum in Support (Disk kept in Butte Clerk's Office in brown expando on shelf.) (ELL, ) (Entered: 09/23/2016)
2016-09-2825RESPONSE to Motion re 18 MOTION to Compel (Defendant's Response to Plaintiff's Objection to the Magistrate's Order Denying Motion to Compel) filed by Federal Bureau of Investigation. (Francis, Victoria) (Entered: 09/28/2016)
2016-09-2826TEXT ORDER. Plaintiff Braun's motion requesting leave to file a "supplement" to his complaint(doc.22) is granted. SO ORDERED. Signed by Magistrate Judge Jeremiah C. Lynch on 9/28/2016. (Lynch, Jeremiah) (Entered: 09/28/2016)
2016-09-3027REPLY to Response to Objection re 18 MOTION to Compel filed by David Steven Braun. (Attachments: # 1 Exhibit) (TAG, ) (Entered: 09/30/2016)
2016-09-3028MOTION to Rule on Denial of Records by Plaintiff David Steven Braun. Motions referred to Jeremiah C. Lynch. (TAG, ) (Entered: 09/30/2016)
2016-09-3029Brief/Memorandum in Support re 28 MOTION to Rule on Denial of Records filed by David Steven Braun. (TAG, ) (Entered: 09/30/2016)
2016-09-3030SCHEDULING ORDER:. Amended Pleadings due by 10/31/2016. Discovery due by 12/16/2016. Joinder of Parties due by 10/31/2016. Motions due by 1/16/2017. Signed by Magistrate Judge Jeremiah C. Lynch on 9/30/2016. (TCL, ) (Entered: 09/30/2016)
2016-09-3031TEXT ORDER. Before the Court is pro-se Plaintiff Braun's motion styled "Motion for Court to Rule on Denial off(sic) Records." As best as can be ascertained from Mr. Braun's motion, it appears he is requesting that summary judgment be entered in his favor upon the allegations of his complaint. But the motion does not conform with the requirements of Fed.R.Civ.P.56(c) and Local Rule 56.1(a) which requires Mr. Braun to file a "Statement of Undisputed Facts" sufficient to satisfy Fed.R.Civ.P. 56(c). Therefore the motion is denied subject to Mr. Braun's right to renew the motion upon compliance with the directives of the referenced rules. IT IS SO ORDERED> Signed by Magistrate Judge Jeremiah C. Lynch on 9/30/2016. (Lynch, Jeremiah) (Entered: 09/30/2016)
2016-10-0432MOTION for Partial Summary Judgment by Plaintiff David Steven Braun. Motions referred to Jeremiah C. Lynch. (TAG, ) (Entered: 10/04/2016)
2016-10-0433Brief/Memorandum in Support re 32 MOTION for Partial Summary Judgment filed by David Steven Braun. (Attachments: # 1 Exhibit) (TAG, ) (Entered: 10/04/2016)
2016-10-0434Statement of Undisputed Fact re: 32 MOTION for Partial Summary Judgment by David Steven Braun filed by David Steven Braun. (TAG, ) (Entered: 10/04/2016)
2016-10-2535MOTION for Summary Judgment Victoria L. Francis appearing for Defendant Federal Bureau of Investigation Motions referred to Jeremiah C. Lynch. (Francis, Victoria) (Entered: 10/25/2016)
2016-10-2536AFFIDAVIT/DECLARATION re 35 MOTION for Summary Judgment by Federal Bureau of Investigation. (Attachments: # 1 Exhibit A FBIs 119 pages of records responsive to Ps request., # 2 Exhibit B Ps email dated 05-21-2015 to FBI containing his FOIPA request & signed Cert. of Identity form., # 3 Exhibit C- FBI letters dated 05-28-2015, acknowledging receipt of Ps FOIPA request., # 4 Exhibit D FBI letter dated 01-29-2016, releasing records to Plaintiff., # 5 Exhibit E Ps administrative appeal letter dated 02-13-2016 to DOJ Office of Information Policy (DOJ OIP)., # 6 Exhibit F - DOJ OIP letter dated 03-04-2016, acknowledging Ps FBI appeal., # 7 Exhibit G DOJ OIP letter dated 07-01-2016, affirming FBI's response to Ps FOIPA request, # 8 Exhibit H FBI letter dated 09-07-2016 to Plaintiff advising additional pages/information may be released.) (Francis, Victoria) (Entered: 10/25/2016)
2016-10-2537Statement of Undisputed Fact re: 35 MOTION for Summary Judgment by Federal Bureau of Investigation filed by Federal Bureau of Investigation. (Francis, Victoria) (Entered: 10/25/2016)
2016-10-2538Brief/Memorandum in Support re 32 MOTION for Partial Summary Judgment, 35 MOTION for Summary Judgment (DEFENDANTS BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT ) , RESPONSE to Motion (AND IN RESPONSE TO PLAINTIFFS MOTION FOR SUMMARY JUDGMENT) filed by Federal Bureau of Investigation. (Francis, Victoria) (Entered: 10/25/2016)
2016-10-2539Statement of Disputed Facts re: 32 MOTION for Partial Summary Judgment, 34 Statement of Undisputed Fact filed by Federal Bureau of Investigation. (Francis, Victoria) (Entered: 10/25/2016)
2016-10-2640AFFIDAVIT/DECLARATION re 35 MOTION for Summary Judgment , 36 Affidavit/Declaration,,, [REFILING of exact same Hardy Declaration dated 10-24-2016 (originally filed under Doc. 36) and attached Exs. A-H due to CM ECF error showing.pdf Exs A-H (originally filed as Docs. 36-1 to 36-8) as blank pages. ] by Federal Bureau of Investigation. (Attachments: # 1 Exhibit A FBIs 119 pages of records responsive to Ps request., # 2 Exhibit B Ps email dated 05-21-2015 to FBI containing his FOIPA request & signed Cert. of Identity form., # 3 Exhibit C -- FBI letters dated 05-28-2015, acknowledging receipt of Ps FOIPA request., # 4 Exhibit D FBI letter dated 01-29-2016, releasing records to Plaintiff., # 5 Exhibit E Ps administrative appeal letter dated 02-13-2016 to DOJ Office of Information Policy (DOJ OIP)., # 6 Exhibit F -- DOJ OIP letter dated 03-04-2016, acknowledging Ps FBI appeal., # 7 Exhibit G DOJ OIP letter dated 07-01-2016, affirming FBI's response to Ps FOIPA request, # 8 Exhibit H FBI letter dated 09-07-2016 to Plaintiff advising additional pages/information may be released.) (Francis, Victoria) (Entered: 10/26/2016)
2016-10-2741MOTION for Leave to File Amended Complaint by Plaintiff David Steven Braun Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Proposed Amended Complaint, # 2 Exhibit, # 3 Summons) (TAG, ) (Entered: 10/28/2016)
2016-10-3142TEXT ORDER.Plaintiff Braun's motion requesting leave to file an amended complaint(doc.41) is denied subject to his right to renew the motion upon compliance with Local Rule 7.1(c)(1). SO ORDERED. Signed by Magistrate Judge Jeremiah C. Lynch on 10/31/2016. (Lynch, Jeremiah) (Entered: 10/31/2016)
2016-10-3143RENEWED MOTION for Leave to File Amended Complaint by Plaintiff David Steven Braun. Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Proposed Amended Complaint, # 2 Exhibit, # 3 Summons) (TAG, ) (Entered: 10/31/2016)
2016-11-0644RESPONSE to 35 MOTION for Summary Judgment , REPLY to Response to 32 MOTION for Partial Summary Judgment filed by David Steven Braun. (Attachments: # 1 Exhibit) (TAG, ) (Entered: 11/07/2016)
2016-11-1045RESPONSE to Motion re 43 MOTION for Leave to File Response and Objection to Plaintiff's Motion to File Amended Complaint filed by Federal Bureau of Investigation. (Francis, Victoria) (Entered: 11/10/2016)
2016-11-1246REPLY to Response to Motion re 43 MOTION for Leave to File Amended Complaint filed by David Steven Braun. (TAG, ) (Entered: 11/14/2016)
2016-11-2147REPLY to Response to Motion re 35 MOTION for Summary Judgment filed by Federal Bureau of Investigation. (Francis, Victoria) (Entered: 11/21/2016)
2016-12-2148Motion to Check Status and Render Guidance by Plaintiff David Steven Braun. Motions referred to Jeremiah C. Lynch. (TAG) (Entered: 12/21/2016)
2016-12-2849ORDER denying 48 MOTION for Order/Judgment filed by David Steven Braun, denying 43 MOTION for Leave to File filed by David Steven Braun, Motions terminated: 43 MOTION for Leave to File filed by David Steven Braun, 48 MOTION for Order/Judgment filed by David Steven Braun., FINDINGS AND RECOMMENDATIONS re 32 MOTION for Partial Summary Judgment filed by David Steven Braun, 35 MOTION for Summary Judgment filed by Federal Bureau of Investigation. () Signed by Magistrate Judge Jeremiah C. Lynch on 12/28/2016. (TCL) (Entered: 12/28/2016)
2017-01-0350OBJECTION to 49 Findings and Recommendations filed by David Steven Braun. (TAG) (Entered: 01/03/2017)
2017-01-0551MOTION for Extension of Time by Plaintiff David Steven Braun. (TAG) (Entered: 01/06/2017)
2017-01-1552MOTION to Compel by Plaintiff David Steven Braun. (TAG) (Entered: 01/17/2017)
2017-01-1553Brief/Memorandum in Support re 52 MOTION to Compel filed by David Steven Braun. (Attachments: # 1 Exhibit, # 2 Exhibit) (TAG) (Entered: 01/17/2017)
2017-01-1754RESPONSE to Motion re 51 MOTION for Extension of Time to File Response to Plaintiff's Motion for Extention of Time on the Motion Deadline filed by Federal Bureau of Investigation. (Francis, Victoria) (Entered: 01/17/2017)
2017-01-1755Reply to Objection to Findings and Recommendations re 49 FINDINGS AND RECOMMENDATIONS re 32 MOTION for Partial Summary Judgment filed by David Steven Braun, 35 MOTION for Summary Judgment filed by Federal Bureau of Investigation. (Response to Dkt. 50, Plaintiff's Objection to Findings and Recommendations) filed by Federal Bureau of Investigation. (Francis, Victoria) (Entered: 01/17/2017)
2017-01-2356TEXT ORDER. Plaintiff David Braun, moves to amend the Fed.R.Civ.P.16 scheduling order entered in this matter on September 30, 2017, for the purpose of extending the deadline for the submission of pretrial motions from January 16,2017 to some unspecified future date. In support of his motion, Braun vaguely asserts that he has two "claims" pending in the federal Office of Management and Budget and that he would like to see the outcome of those purported claims before submitting "this claim" - presumably referring to an anticipated monetary judgment in this case. But as accurately pointed out by the Government, there has been no monetary judgment in Brauns's favor in this case (and he fails to identify any such monetary judgment in any other case that would have any bearing upon the resolution of this case). More to the point, Braun named the Federal Bureau of Investigation as the sole defendant in this matter. And on December 28, 2016, Findings and Recommendations were entered recommending that summary judgment be entered in favor of the FBI and against Braun. It was further recommended that Braun's motion seeking leave to amend his complaint to assert a claim against the OMB be denied as futile. The referenced Findings and Recommendations remain pending. Until the Findings and Recommendations are ruled upon by presiding United States District Judge Brian Morris, Braun's motion is properly denied. Signed by Magistrate Judge Jeremiah C. Lynch on 1/23/2017. (Lynch, Jeremiah) (Entered: 01/23/2017)
2017-01-3057RESPONSE to Motion re 52 MOTION to Compel filed by Federal Bureau of Investigation. (Francis, Victoria) (Entered: 01/30/2017)
2017-01-3058TEXT ORDER. Plaintiff David Braun has filed what can only be described as a cursory motion asking the Court to order the Federal Office of Management and Budget to process a "claim" purportedly sent via letter to that federal agency. Braun suggests the claim relates to a an unidentified settlement he reached with the Federal Bureau of Investigation. The government responds, via affidavit submitted in opposition to Braun's motion for summary judgment, that no settlement or monetary judgment in Braun's favor and against the FBI even exists. Having failed to present any documentation that substantiates Braun's motion to any degree, the motin is denied. IT IS SO ORDERED Signed by Magistrate Judge Jeremiah C. Lynch on 1/30/2017. (Lynch, Jeremiah) (Entered: 01/30/2017)
2017-02-0559Objection re: 58 Order. (TAG) (Entered: 02/06/2017)
2017-02-0760ORDER ADOPTING FINDINGS AND RECOMMENDATIONS ; granting 35 Motion for Summary Judgment; denying 32 Motion for Partial Summary Judgment. IT IS ORDERED: 1. The FBI's Motion for Summary Judgment is GRANTED. 2. Braun's Motion for Summary Judgment is DENIED. 3. The case is DISMISSED with prejudice. 4. The Clerk is directed to enter judgment accordingly. Signed by Judge Brian Morris on 2/7/2017. (ELL) (Entered: 02/07/2017)
2017-02-0761CLERK'S JUDGMENT in favor of Federal Bureau of Investigation against David Steven Braun Signed by Judge Brian Morris on 2/7/2017. (ELL) (Entered: 02/07/2017)
2017-02-2462NOTICE by David Steven Braun (Attachments: # 1 Exhibit) (TAG) (Entered: 02/24/2017)
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