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Case TitleCox v. Executive Office of US Attorneys et al
DistrictSouthern District of Illinois
CityEast St. Louis
Case Number3:2017cv00611
Date Filed2017-06-09
Date ClosedOpen
JudgeJudge David R. Herndon
PlaintiffFrancis Schaeffer Cox
Case DescriptionFrancis Cox, a federal prisoner, submitted a FOIA request to the Executive Office for U.S. Attorneys and other components of the Justice Department for records concerning himself. The agencies acknowledged receipt of the requests, but Cox was dissatisfied with their responses or lack thereof and filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantExecutive Office of US Attorneys
DefendantBureau of Alcohol, Tobacco, and Firearms
DefendantFederal Bureau of Investigation
Documents
Docket
Complaint
Opinion/Order [21]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-06-091Notice of Case Opening. Judge David R. Herndon and Magistrate Judge Reona J. Daly assigned. All future documents must bear case number 17-611-DRH-RJD. If the parties consent to Magistrate Judge assignment, the consent form with instruction is attached for your convenience. Refer to the pro se litigant guide, found on the ILSD website, for further information. (kdb) (Entered: 06/09/2017)
2017-06-092COMPLAINT against Bureau of Alcohol, Tobacco, and Firearms, Executive Office of US Attorneys, and Federal Bureau of Investigation filed by Francis Schaeffer Cox.(kdb) (Entered: 06/09/2017)
2017-06-14Filing fee: $ 401.23, receipt number 44625007963 (kdb) (Entered: 06/14/2017)
2017-09-133NOTICE OF IMPENDING DISMISSAL for failure to effect service against defendants. Action by plaintiff due by 10/13/2017. (arf) (Entered: 09/13/2017)
2017-09-294MOTION for Extension of Time for Service Pursuant to FED.R.CIV.P. 4(c)(3), (m) pursuant to doc 3 and MOTION for Service of Process at Government Expense by Francis Schaeffer Cox. (kdb) (Entered: 09/29/2017)
2017-11-155ORDER granting 4 Motion for Extension of Time; granting 4 Motion for Service of Process at Government Expense. The Clerk is DIRECTED to mail plaintiff three blank USM-285 forms. Plaintiff shall complete and return those forms to the Clerk no later than January 2, 2018, at which time the Clerk will issue summons. See Order for further details. Signed by Judge David R. Herndon on 11/15/2017. (lmp) (Entered: 11/15/2017)
2017-12-066Summons Issued as to Bureau of Alcohol, Tobacco, and Firearms, Executive Office of US Attorneys, Federal Bureau of Investigation. (trb) (Entered: 12/06/2017)
2018-01-047ORDER: The Clerk of Court is DIRECTED to complete, on Plaintiffs behalf, a summons for service of process on the United States; the Clerk shall issue the completed summons. Pursuant to Federal Rule of Civil Procedure 4(i), the Clerk 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, the complaint, and this Memorandum and Order; 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, the complaint, and this Memorandum and Order. Signed by Judge David R. Herndon on 1/4/2018. (klh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/04/2018)
2018-01-058Summons Issued as to USA.(trb) (Entered: 01/05/2018)
2018-01-129RETURN OF SERVICE EXECUTED 01/9/18. (kdb) (Entered: 01/12/2018)
2018-01-1610RETURN OF SERVICE EXECUTED on 01/08/18. (kdb) (Entered: 01/16/2018)
2018-01-1811STRICKEN SUMMONS Returned Executed Bureau of Alcohol, Tobacco, and Firearms served on 12/20/2017, answer due 1/10/2018; Executive Office of US Attorneys served on 12/20/2017, answer due 1/10/2018; Federal Bureau of Investigation served on 12/18/2017, answer due 1/8/2018. (kdb) Modified on 1/19/2018 (kdb). (Entered: 01/18/2018)
2018-01-1912NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 11 Summons Returned Executed,. Docket Clerk Error. Summons will be refiled. (kdb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/19/2018)
2018-01-1913SUMMONS Returned Executed Bureau of Alcohol, Tobacco, and Firearms served on 12/20/2017, answer due 2/20/2018; Executive Office of US Attorneys served on 12/20/2017, answer due 2/20/2018; Federal Bureau of Investigation served on 12/18/2017, answer due 2/16/2018. (kdb) (Entered: 01/19/2018)
2018-02-0614NOTICE of Appearance by Nicholas J Biersbach on behalf of Bureau of Alcohol, Tobacco, and Firearms, Executive Office of US Attorneys, Federal Bureau of Investigation (Biersbach, Nicholas) (Entered: 02/06/2018)
2018-02-0615ANSWER to 2 Complaint and Affirmative Defenses by Bureau of Alcohol, Tobacco, and Firearms, Executive Office of US Attorneys, Federal Bureau of Investigation.(Biersbach, Nicholas) (Entered: 02/06/2018)
2018-02-0616WITHDRAWN: MOTION for Briefing Schedule and Other Relief by Bureau of Alcohol, Tobacco, and Firearms, Executive Office of US Attorneys, Federal Bureau of Investigation. (Biersbach, Nicholas) Modified on 2/23/2018 (trb). (Entered: 02/06/2018)
2018-02-0617CJRA TRACK A assigned: Bench Trial set for presumptive trial month December, 2018, in East St. Louis Courthouse before Judge David R. Herndon. (Attachments: # 1 Consent to Magistrate Judge)(arf) (Entered: 02/06/2018)
2018-02-1218MOTION for Leave to Amend the Complaint by Francis Schaeffer Cox. (kdb) (Entered: 02/12/2018)
2018-02-1519MOTION to Withdraw 16 MOTION for Briefing Schedule and Other Relief by Bureau of Alcohol, Tobacco, and Firearms, Executive Office of US Attorneys, Federal Bureau of Investigation. (Biersbach, Nicholas) (Entered: 02/15/2018)
2018-02-1620MOTION for Partial Summary Judgment on Counts One and Three of the Operative Complaint by Francis Schaeffer Cox. Responses due by 3/22/2018 (kdb) (Entered: 02/16/2018)
2018-02-2221ORDER GRANTING 18 MOTION to Amend/Correct filed by Francis Schaeffer Cox. The Clerk of Court is DIRECTED to file Plaintiff's proposed amended complaint as his First Amended Complaint. Signed by Magistrate Judge Reona J. Daly on 2/22/2018. (ely) (Entered: 02/22/2018)
2018-02-2222ORDER GRANTING 19 MOTION to Withdraw 16 MOTION for Briefing Schedule and Other Relief filed by Bureau of Alcohol, Tobacco, and Firearms, Executive Office of US Attorneys, and Federal Bureau of Investigation. Defendants' Motion at 16 is WITHDRAWN. Signed by Magistrate Judge Reona J. Daly on 2/22/2018. (ely)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/22/2018)
2018-02-2323FIRST AMENDED COMPLAINT against All Defendants, filed by Francis Schaeffer Cox.(trb) (Entered: 02/23/2018)
2018-02-2324ORDER denying as moot 20 Motion for Summary Judgment. In light of plaintiff's 23 first amended complaint, the motion for summary judgment is denied as moot. Signed by Judge David R. Herndon on 2/23/2018. (lmp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/23/2018)
2018-02-2825RESPONSE to 16 Motion for Miscellaneous Relief filed by Francis Schaeffer Cox. (jaj) (Entered: 02/28/2018)
2018-03-0826ANSWER to 23 Amended Complaint by Bureau of Alcohol, Tobacco, and Firearms, Executive Office of US Attorneys, Federal Bureau of Investigation.(Biersbach, Nicholas) (Entered: 03/08/2018)
2018-03-0827MOTION for Briefing Schedule and Other Relief by Bureau of Alcohol, Tobacco, and Firearms, Executive Office of US Attorneys, Federal Bureau of Investigation. (Biersbach, Nicholas) (Entered: 03/08/2018)
2018-03-0828NOTICE by Federal Bureau of Investigation of Release of Records to Plaintiff (Attachments: # 1 Exhibit A)(Biersbach, Nicholas) (Entered: 03/08/2018)
2018-03-2629RESPONSE to Motion re 27 MOTION for Briefing Schedule and Other Relief filed by Francis Schaeffer Cox. (kdb) (Entered: 03/26/2018)
2018-03-2630FIRST MOTION for Partial Summary Judgment by Francis Schaeffer Cox. Responses due by 4/30/2018 (kdb) (Entered: 03/26/2018)
2018-03-2631First Sworn Declaration of Francis Schaeffer Cox. (kdb) (Entered: 03/26/2018)
2018-03-2632REPLY to Response to Motion re 27 MOTION for Briefing Schedule and Other Relief filed by Bureau of Alcohol, Tobacco, and Firearms, Executive Office of US Attorneys, Federal Bureau of Investigation. (Biersbach, Nicholas) (Entered: 03/26/2018)
2018-03-2933ORDER GRANTING 27 MOTION for Briefing Schedule and Other Relief filed by Bureau of Alcohol, Tobacco, and Firearms, Executive Office of US Attorneys, and Federal Bureau of Investigation. SCHEDULE: Defendant FBI complete release of records to Plaintiff by June 29, 2018. Motions for Summary Judgment are due ON August 10, 2018 . Defendants' Response to Plaintiff's First Motion for Partial Summary Judgment (Doc. 30) is STAYED until after all Motions for Summary Judgment are filed on August 10, 2018. Signed by Magistrate Judge Reona J. Daly on 3/29/2018. (ely) (Entered: 03/29/2018)
2018-03-29Response Deadline for Motion for Partial Summary Judgment terminated. (ely) (Entered: 03/29/2018)
2018-04-0534NOTICE by Federal Bureau of Investigation of Second Release of Records to Plaintiff (Attachments: # 1 Exhibit A)(Biersbach, Nicholas) (Entered: 04/05/2018)
2018-05-0335NOTICE by Federal Bureau of Investigation of Third Release of Records to Plaintiff (Attachments: # 1 Exhibit A)(Biersbach, Nicholas) (Entered: 05/03/2018)
2018-06-0136NOTICE of Change of Address by Francis Schaeffer Cox (tkm) (Entered: 06/04/2018)
2018-06-0837NOTICE by Federal Bureau of Investigation of Fourth Release of Records to Plaintiff (Attachments: # 1 Exhibit A)(Biersbach, Nicholas) (Entered: 06/08/2018)
2018-06-0838MOTION for Extension of Time of Records Release and Partial Summary Judgment Motion Deadlines Regarding Plaintiff's FOI/PA Request to the FBI for All Records About Himself by Federal Bureau of Investigation. (Attachments: # 1 Exhibit A)(Biersbach, Nicholas) (Entered: 06/08/2018)
2018-06-0839NOTICE of Change of Address by Francis Schaeffer Cox to FCI Terre Haute. (jaj) (Entered: 06/08/2018)
2018-06-1240ORDER granting 38 Motion for Extension of Time of Records Release and Partial Summary Judgment Motion Deadlines Regarding Plaintiff's FOI/PA Request to the FBI for All Records About Himself . The FBI has until November 16, 2018, to review, process and release the newly-discovered paper records related to the FOI/PA request at issue in Count 1 of the First Amended Complaint. Furthermore, the FBI shall file its partial summary judgment motion in response to the FOI/PA request at issue in Count 1 no later than December 21, 2018. Signed by Judge David R. Herndon on 6/12/2018. (lmp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/12/2018)
2018-06-1241NOTICE of Hearing: In light of the extension of time, the Bench Trial is RESET for the presumptive trial month of May, 2019, in East St. Louis Courthouse before Judge David R. Herndon. (arf)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/12/2018)
2018-07-0642NOTICE by Federal Bureau of Investigation of Fifth Release of Records to Plaintiff (Attachments: # 1 Exhibit A)(Biersbach, Nicholas) (Entered: 07/06/2018)
2018-07-3043MOTION for Extension of Time to File Response/Reply to a Portion of Plaintiff's Partial Motion for Summary Judgment by Federal Bureau of Investigation. (Biersbach, Nicholas) (Entered: 07/30/2018)
2018-07-3044ORDER granting 43 MOTION for Extension of Time to File Response/Reply to a Portion of Plaintiff's Partial Motion for Summary Judgment filed by Federal Bureau of Investigation. Responses due by 12/21/2018. Signed by Judge David R. Herndon on 7/30/2018. (lmp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 07/30/2018)
2018-08-0645NOTICE by Federal Bureau of Investigation of Sixth Release of Records to Plaintiff (Attachments: # 1 Exhibit A)(Biersbach, Nicholas) (Entered: 08/06/2018)
2018-08-1046MOTION for Summary Judgment and Motion to Dismiss by Bureau of Alcohol, Tobacco, and Firearms, Executive Office of US Attorneys, Federal Bureau of Investigation. Responses due by 9/13/2018 (Attachments: # 1 Attachment 1, # 2 Attachment 2, # 3 Attachment 3, # 4 Attachment 4)(Biersbach, Nicholas) (Entered: 08/10/2018)
2018-08-1047NOTICE by Bureau of Alcohol, Tobacco, and Firearms, Executive Office of US Attorneys, Federal Bureau of Investigation to Pro Se Plaintiff of Consequences of Failing to Respond to Defendants' Motion for Summary Judgment (Biersbach, Nicholas) (Entered: 08/10/2018)
2018-08-1048RESPONSE to Motion re 30 MOTION for Partial Summary Judgment filed by Bureau of Alcohol, Tobacco, and Firearms, Executive Office of US Attorneys, Federal Bureau of Investigation. (Biersbach, Nicholas) (Entered: 08/10/2018)
2018-09-0549NOTICE by Federal Bureau of Investigation of Seventh Release of Records to Plaintiff (Attachments: # 1 Exhibit A)(Biersbach, Nicholas) (Entered: 09/05/2018)
2018-09-0750STRICKEN PER ORDER AT DOCUMENT 62- MOTION for Extension of Time to File Response/Reply as to 46 MOTION for Summary Judgment and Motion to Dismiss by Francis Schaeffer Cox. (kdb) Modified on 11/14/2018 (trb). (Entered: 09/07/2018)
2018-09-1051ORDER granting 50 MOTION for Extension of Time to File Response/Reply as to 46 MOTION for Summary Judgment and Motion to Dismiss . Responses due within 30 days. Per Local Rule 7.1, Reply briefs are not favored and should be filed only in exceptional circumstances. Signed by Judge David R. Herndon on 9/10/2018. (jer)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/10/2018)
2018-10-0152NOTICE by Federal Bureau of Investigation of Eighth Release of Records to Plaintiff (Attachments: # 1 Exhibit A)(Biersbach, Nicholas) (Entered: 10/01/2018)
2018-10-0453MOTION for Extension of Time Defendant FBI's Motion for Extension of Deadlines with Regard to Plaintiff's FOIPA Request to the FBI for All Records About Himself by Federal Bureau of Investigation. (Attachments: # 1 Exhibit A)(Biersbach, Nicholas) (Entered: 10/04/2018)
2018-10-0554ORDER granting 53 Motion for Extension of Time. The defendant's compliance deadline is now December 17, 2018 and the deadline for filing motions for summary judgment as to Count I is moved to January 18, 2019 as is the deadline for the defendant to respond to the portion of plaintiff's partial motion for summary judgment implicating Count I. Signed by Judge David R. Herndon on 10/5/2018. (Herndon, David)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. Modified on 10/9/2018 (trb). (Entered: 10/05/2018)
2018-10-09Action due by 12/17/2018. Dispositive Motions due by 1/18/2019. (trb) (Entered: 10/09/2018)
2018-10-0955NOTICE OF MODIFICATION re 54 Order on Motion for Extension of Time. Date modified to reflect the correct year for the deadline for filing motions for summary judgment as to Count I is moved to January 18, 2019. No further action is required by the filer in relation to this notification. (trb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 10/09/2018)
2018-10-0956STRICKEN PER ORDER AT DOCUMENT 62- MOTION for Extension of Time to Respond to 46 Defendants' MOTION for Summary Judgment and Motion to Dismiss by Francis Schaeffer Cox. (kdb) Modified on 11/14/2018 (trb). (Entered: 10/09/2018)
2018-10-1257STRICKEN PER ORDER AT DOCUMENT 62-RESPONSE in Opposition re 46 MOTION for Summary Judgment and Motion to Dismiss filed by Francis Schaeffer Cox. (kdb) Modified on 11/14/2018 (trb). (Entered: 10/12/2018)
2018-10-1658STATUS REPORT Regarding the Release of Information Related to Count 5(c) of Plaintiff's Amended Complaint by Executive Office of US Attorneys. (Attachments: # 1 Exhibit A - Correspondence to Plaintiff from October 16, 2018)(Biersbach, Nicholas) (Entered: 10/16/2018)
2018-10-2259ORDER granting 56 MOTION for Extension of Time to File Response/Reply as to 46 MOTION for Summary Judgment and Motion to Dismiss filed by Francis Schaeffer Cox. Signed by Judge David R. Herndon on 10/22/2018. (jer)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 10/22/2018)
2018-10-2360MOTION to Strike Pursuant to Rule 11(A) and for Clarification by Bureau of Alcohol, Tobacco, and Firearms, Executive Office of US Attorneys, Federal Bureau of Investigation. (Attachments: # 1 Exhibit A, Plaintiffs' Motion for Extension of Time to Respond to Defendants' Motion for Summary Judgment and Motion to Dismiss, # 2 Exhibit B, Plaintiffs' Motion for Extension of Time to Respond to Defendants' Motion for Summary Judgment and Motion to Dismiss, # 3 Exhibit C, Plaintiffs' Opposition to Defendants' Motion for Summary Judgment and Motion to Dismiss)(Biersbach, Nicholas) (Entered: 10/23/2018)
2018-10-2661SUPPLEMENT by Bureau of Alcohol, Tobacco, and Firearms, Executive Office of US Attorneys, Federal Bureau of Investigation. Supplement to 60 Motion to Strike,, . (Attachments: # 1 Exhibit A - Complaint from the District of D.C.)(Biersbach, Nicholas) (Entered: 10/26/2018)
2018-11-1362ORDER - Granting 60 MOTION to Strike filed by Bureau of Alcohol, Tobacco, and Firearms, Executive Office of US Attorneys, Federal Bureau of Investigation. Said motion is granted on the basis that, per Local Rule 7.1, Plaintiff had 14 days to respond, has not, and thus, the Court takes Plaintiff's nonresponse as an admission of the facts set out in the motion. Additionally, under 28 U.S.C § 1404(a), "For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented." In this case, Plaintiff previously moved for a 30-day extension of time because he had recently reached an agreement to retain counsel, Mr. Larry Klayman, Esq. Subsequent to the motion for extension of time, Defendant informed the Court 61 that Mr. Klayman filed a separate but substantially similar FOIA lawsuit against the FBI, DOJ, and ATF in the District of D.C. Therefore, pursuant to § 1404(a), and in the interest of justice, the Court transfers the present matter to the D.C. District Court because the venue is closer to the records requested and it is likely the D.C. District Court will want to consolidate the cases so that both can be efficiently handled. The Clerk shall transfer the present case to the United States District Court for the District of Columbia. Signed by Judge David R. Herndon on 11/13/2018. (jer)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 11/13/2018)
2018-11-1463Docket Annotation case electronically transferred to US District Court of Washington DC. (trb) (Entered: 11/14/2018)
2018-11-1964NOTICE Case Transferred from Illinois Southern has been opened in the District of Columbia as case 1:18-cv-02657, filed 11/16/18. (kdb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 11/19/2018)
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