Skip to content

Case Detail

[Subscribe to updates]
Case TitleHill v. Executive Office for United States Attorneys et al
DistrictWestern District of Virginia
CityDanville
Case Number4:2017cv00027
Date Filed2017-04-25
Date ClosedOpen
JudgeJudge Jackson L. Kiser
PlaintiffBrian David Hill
Case DescriptionBrian Hill submitted two FOIA requests to the Executive Office for U.S. Attorneys for records concerning the discovery packet for his case. The agency disclosed some records, but Hill was unsatisfied and ultimately filed suit.
Complaint issues: Exemption 7 - Law enforcement records

DefendantExecutive Office for United States Attorneys (EOUSA)
DefendantUnited States Department Of Justice (U.S. DOJ)
AppealFourth Circuit 17-1866
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-04-251MOTION for Leave to Proceed in forma pauperis by Brian David Hill. (Attachment: # 1 Post-it Note Attached to IFP Motion)(mlh) (Entered: 04/26/2017)
2017-04-252COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Executive Office for United States Attorneys, United States Department Of Justice, filed by Brian David Hill. 70 Day Notice due by 7/5/2017; 90 Day Service due by 7/24/2017. (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 DVD for Defendants Marked as Exhibit 6 to be Served Upon Each Defendant, # 10 DVD for Clerk Marked as Exhibit 6 (Available for Viewing in Clerk's Office), # 11 Civil Cover Sheet, # 12 Post-it Note Attached to Complaint, # 13 Proposed Summons, # 14 Post-it Note Attached to Proposed Summons)(mlh) (Entered: 04/26/2017)
2017-05-014MOTION Under Rule 45 Asking the Clerk to Subpoena Attorney John Scott Coalter for Discovery and to Prove the Factual Matter Under Complaint by Brian David Hill. Motion referred to Judge Robert S. Ballou. (Attachments: # 1 Declaration of Evidence, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Proposed Subpoena, # 9 Envelope)(mlh) Modified on 6/19/2017 - added referral text (ham). (Entered: 05/04/2017)
2017-05-043ORDER granting 1 Motion for Leave to Proceed in forma pauperis. Signed by Judge Jackson L. Kiser on 5/4/2017. (mlh)
2017-05-085Summons Issued as to Executive Office for United States Attorneys, United States Department Of Justice and U.S. Attorney. (Attachments: # 1 USM-285 Forms)(Original Summons, original USM-285 Forms, copies of Complaint with Attachments, three copies of DVDs identified on Docket Sheet as Exhibit 10 to Document 2 and copy of Order to Proceed Without Prepaying Fees or Costs were overnighted using two-day delivery to USMS for service.)(mlh)
2017-05-186SUMMONS Returned Executed by Brian David Hill. Executive Office for United States Attorneys served on 5/12/2017, answer due 7/11/2017; United States Department Of Justice served on 5/12/2017, answer due 7/11/2017. (mlh)
2017-05-197Marshal's Return of service of Summons and Complaint on 5/15/17 upon United States Department of Justice.(ham)
2017-05-198Marshal's Return of service of Summons and Complaint on 5/16/17 upon Executive Office for United States Attorneys.(ham)
2017-06-099ANSWER to 2 Complaint,, FOR DECLARATORY AND INJUNCTIVE RELIEF by Executive Office for United States Attorneys, United States Department Of Justice.(Sloan, Cheryl)
2017-06-0910Magistrate Consent Notice to Parties. (mlh)
2017-06-0911PRETRIAL ORDER, Order Referring Case to Magistrate Judge Robert S. Ballou. Signed by Judge Jackson L. Kiser on 6/9/2017. (mlh)
2017-06-1212Brief / Memorandum in Support re: 4 MOTION Under Rule 45 Asking the Clerk to Subpopena Attorney John Scott Coalter for Discovery and to Prove the Factual Matter Under Complaint and Declaration in Support of 2 Complaint filed by Brian David Hill. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Envelope)(mlh)
2017-06-1613MOTION Asking the Court to Request Legal Counsel to Represent the Plaintiff by Brian David Hill. (mlh)
2017-06-1614Objections by Plaintiff Brian David Hill re: 9 Answer to Complaint. (Attachments: # 1 Exhibit 1, # 2 Envelope)(mlh)
2017-06-1915NOTICE of Hearing: (CR) Bench Trial set for 1/29/2018 - 1/31/2018 at 09:30 AM in Danville before Judge Jackson L. Kiser. Parties must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. (ham)
2017-06-2016ORDER denying 13 MOTION Asking the Court to Request Legal Counsel to Represent the Plaintiff. Signed by Judge Jackson L. Kiser on 6/20/2017. (mlh)
2017-06-2017Brief in Support of 13 Motion Asking the Court to Request Legal Counsel to Represent the Plaintiff filed by Brian David Hill. (mlh)
2017-06-2018MOTION AND SUPPORTING BRIEF to Extend Time for Filing Motions by Brian David Hill. (mlh)
2017-06-2019MOTION for Issuance of Subpoenas to Produce Documents and for Subpoenas to Appear and Testify at a Hearing or Trial in a Civil Action by Brian David Hill. Motions referred to Judge Robert S. Ballou. (Attachments: # 1 Proposed Subpoena to Produce Documents to Office of Information Policy, U.S. Department of Justice, # 2 Proposed Subpoena to Appear and Testify to Christa Lemelin, Ofice of Government Information Services, # 3 Subpoena to Produce Documents to Rodney V. White, Special Agent, North Carolina State Bureau of Investigation, # 4 Subpoena to Appear and Testify to Rodney V. White, Special Agent, North Carolina State Bureau of Investigation)(mlh)
2017-06-2220PROPOSED SUBPOENA to Produce Documents to Town of Mayodan, Police Department filed by Brian David Hill. (mlh) Modified on 7/19/2017: Pursuant to 32 Order, Clerk is not to issue proposed subpoena. (mlh)
2017-06-2321MOTION and Supporting Brief to Expedite the Trial Proceedings by Brian David Hill. (Attachment: # 1 Envelope)(mlh)
2017-06-2322ORDER denying 18 Motion to Extend Time for Filing Motions. Signed by Judge Jackson L. Kiser on 6/23/2017. (mlh)
2017-07-0323MOTION to Appoint Counsel by Brian David Hill. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Attachment 1, # 4 Attachment 2, # 5 Notes attached to Motion)(bw)
2017-07-0324Declaration in Support re 2 Complaint filed by Brian David Hill. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Notes attached to documents)(bw)
2017-07-0625ORDER denying 23 Motion Asking the Court to Request Legal Counsel to Represent the Plaintiff. Signed by Judge Jackson L. Kiser on 7/6/2017. (mlh)
2017-07-1127MOTION and Supporting Brief Requesting Pretrial Status Conference for Discovery Matter by Brian David Hill. Motion referred to Judge Robert S. Ballou. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Attachment 1, # 4 Envelope)(mlh)
2017-07-1228MOTION to Quash DISCOVERY REQUESTS, OR IN THE ALTERNATIVE, TO STAY DISCOVERY by Executive Office for United States Attorneys, United States Department Of Justice. (Sloan, Cheryl) Modified on 7/13/2017: Motion referred to Judge Robert S. Ballou. (mlh)
2017-07-1229Brief / Memorandum in Support re 28 MOTION to Quash DISCOVERY REQUESTS, OR IN THE ALTERNATIVE, TO STAY DISCOVERY . filed by Executive Office for United States Attorneys, United States Department Of Justice. (Sloan, Cheryl)
2017-07-1731RESPONSE in Opposition re: 28 MOTION to Quash DISCOVERY REQUESTS, OR IN THE ALTERNATIVE, TO STAY DISCOVERY and DECLARATION OF PLAINTIFF IN SUPPORT OF 27 Motion and Supporting Brief Requesting Pretrial Status Conference for Discovery Matter filed by Brian David Hill. (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 2: Video Disc for Clerk to File, # 10 Exhibit 8: Audio Disc for Clerk to File)(ALL EXHIBITS, INCLUDING VIDEO DISC AND AUDIO DISC, AVAILABLE FOR VIEWING IN THE CLERK'S OFFICE DUE TO CLARITY OF EXHIBIT 3.)(mlh) (Entered: 07/19/2017)
2017-07-1932ORDER denying 4 Motion Under Rule 45 Asking the Clerk to Subpoena Attorney John Scott Coalter for Discovery and to Prove the Factual Matter Under Complaint; denying 19 Motion for Issuance of Subpoenas to Produce Documents and Subpoenas to Appear and Testify at a Hearing or Trial in a Civil Action; denying issuance of 20 Proposed Subpoena to Town of Mayodan Police Department; denying 27 Motion and Supporting Brief Requesting Pretrial Status Conference for Discovery Matter; granting 28 Motion to Quash Discovery Requests, or in the alternative, to Stay Discovery. Signed by Magistrate Judge Robert S. Ballou on 7/19/2017. (mlh)
2017-07-2433NOTICE OF INTERLOCUTORY APPEAL as to 32 ORDER denying 4 Motion Under Rule 45 Asking the Clerk to Subpoena Attorney John Scott Coalter for Discovery and to Prove the Factual Matter Under Complaint; denying 19 Motion for Issuance of Subpoenas to Produce Documents and Subpoenas to Appear and Testify at a Hearing or Trial in a Civil Action; denying issuance of 20 Proposed Subpoena to Town of Mayodan Police Department; denying 27 Motion and Supporting Brief Requesting Pretrial Status Conference for Discovery Matter; granting 28 Motion to Quash Discovery Requests, or in the alternative, to Stay Discovery by Brian David Hill. (Attachment: # 1 Envelope)(mlh)
2017-07-2434Transmittal of Notice of Appeal to 4CCA re: 33 Notice of Interlocutory Appeal. NOTE: The Docketing Statement and Transcript Order Form are available on the 4th Circuit Court of Appeals website at www.ca4.uscourts.gov . If CJA24 form(s) are applicable, you must submit a separate Auth-24 for each court reporter from whom you wish to order a transcript through the District Court's eVoucher system. (mlh)
2017-07-24Assembled Electronic Record Transmitted to 4CCA re: 33 Notice of Interlocutory Appeal. (mlh)
2017-07-2535ORDER denying 21 Motion to Expedite the Trial Proceedings. Signed by Judge Jackson L. Kiser on 7/25/2017. (mlh)
2017-07-2536NOTICE of Docketing Record on Appeal from USCA re: 33 Notice of Interlocutory Appeal filed by Brian David Hill. USCA Case Number 17-1866; Case Manager: RJ Warren. (mlh)
2017-08-0137Plaintiff's Motion to Reconsider the Magistrate Judge's Order Under Document #32 and Objections to the Order; Motion, Objections and Memorandum/Brief in Support of This Objection re: 32 Order denying 4 Motion Under Rule 45 Asking the Clerk to Subpoena Attorney John Scott Coalter for Discovery and to Prove the Factual Matter Under Complaint; denying 19 Motion for Issuance of Subpoenas to Produce Documents and Subpoenas to Appear and Testify at a Hearing or Trial in a Civil Action; denying issuance of 20 Proposed Subpoena to Town of Mayodan Police Department; denying 27 Motion and Supporting Brief Requesting Pretrial Status Conference for Discovery Matter; granting 28 Motion to Quash Discovery Requests, or in the alternative, to Stay Discovery by Brian David Hill. (mlh)
2017-08-01Assembled Supplemental Electronic Record Transmitted to 4CCA re: 33 Notice of Interlocutory Appeal. (Document 37 transmitted.) (mlh)
2017-08-2238ORDER denying 37 Plaintiff's Motion to Reconsider the Magistrate Judge's Order Under Document #32 and Objections to the Order; Motion, Objections and Memorandum/Brief in Support of This Objection. Signed by Judge Jackson L. Kiser on 8/22/2017. (mlh)
2017-08-22Assembled Supplemental Electronic Record Transmitted to 4CCA re: 33 Notice of Interlocutory Appeal. (Document 38 transmitted.) (mlh)
2017-09-0639Declaration in Support of Document #2 Complaint, and New Evidence Concerning Possible Dishonesty of the U.S. Attorney Office of Greensboro, North Carolina by Brian David Hill. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(mlh)
2017-09-06Assembled Supplemental Electronic Record Transmitted to 4CCA re: 33 Notice of Interlocutory Appeal. (Document 39 transmitted.) (mlh)
2017-09-2540Additional Evidence - Plaintiff's Declaration in Support of Document 2 Complaint, and New Evidence Concerning New FOIA Document Release from Defendant EOUSA 1 Day After Call-In Appearance on INFOWARS New Show "War Room" with Owen Shroyer by Brian David Hill. (Attachments: # 1 Exhibit 1 - 2 DVD discs (3 copies), # 2 Exhibit 2 - 9/13/17 Letter and enclosures from Kevin Krebs, Assistant Director, Executive Office for United States Attorneys, # 3 Exhibit 3 - Incident/Investigation Report, # 4 Exhibit 4 - Case Supplemental Report, # 5 Envelope and Certified Mail Receipt) NOTE: DVDs are available for viewing in Clerk's Office. (ham)
2017-09-25Assembled Supplemental Electronic Record Transmitted to 4CCA re 33 Notice of Interlocutory Appeal: Document 40. (ham)
2017-10-1941USCA Memorandum Opinion from 4th Circuit re: 33 Notice of Interlocutory Appeal; dismissing; decided on 10/19/2017. (mlh)
2017-10-1942USCA JUDGMENT as to 33 Notice of Interlocutory Appeal filed by Brian David Hill. (mlh)
2017-11-0643USCA Notice of Stay of Mandate Under Fed. R. App. P. 41(d)(1). (mlh)
Hide Docket Events
by FOIA Project Staff