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Case TitleFirst Liberty Institute v. Department of the Air Force et al
DistrictEastern District of Texas
CitySherman
Case Number4:2017cv00520
Date Filed2017-07-27
Date Closed2018-01-11
JudgeDistrict Judge Amos L. Mazzant, III
PlaintiffFirst Liberty Institute First Liberty Institute
Case DescriptionThe First Liberty Institute, a non-profit organization dedicated to protecting religious freedoms, submitted a FOIA request to the Department of Air Force for records concerning an investigation into allegations that Oscar Rodriquez was assaulted and physically removed from the retirement ceremony of Chuck Robertson. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, the First Liberty Institute filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDepartment of the Air Force
DefendantAir Force Reserve Command
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [22]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-07-271COMPLAINT For Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 400 receipt number 0540-6398106.), filed by First Liberty Institute. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(Viney, Elizabeth) (Entered: 07/27/2017)
2017-07-272NOTICE of Attorney Appearance by Clyde Moody Siebman on behalf of First Liberty Institute (Siebman, Clyde) (Entered: 07/27/2017)
2017-07-273NOTICE of Attorney Appearance by Elizabeth Siebman Forrest on behalf of First Liberty Institute (Forrest, Elizabeth) (Entered: 07/27/2017)
2017-07-27Case Assigned to Judge Amos L. Mazzant, III and Magistrate Judge Kimberly C Priest Johnson. (kls, ) (Entered: 07/27/2017)
2017-07-27In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge . (kls, ) (Entered: 07/27/2017)
2017-07-284Summons Issued as to Department of the Air Force. (cm, ) (Entered: 07/28/2017)
2017-07-315SUMMONS Issued as to Air Force Reserve Command. (cm, ) (Entered: 07/31/2017)
2017-08-016CORPORATE DISCLOSURE STATEMENT filed by First Liberty Institute (Viney, Elizabeth) (Entered: 08/01/2017)
2017-08-047NOTICE of Attorney Appearance by Cynthia M. Schmidt on behalf of First Liberty Institute (Schmidt, Cynthia) (Entered: 08/04/2017)
2017-08-048Summons Issued as to U.S. Attorney and U.S. Attorney General (Attachments: # 1 Attorney General)(cm, ) (Entered: 08/04/2017)
2017-08-109MOTION to Withdraw as Attorney Elizabeth Viney by First Liberty Institute. (Attachments: # 1 Text of Proposed Order)(Viney, Elizabeth) (Entered: 08/10/2017)
2017-08-1110ORDER granting 9 Motion to Withdraw as Attorney. Attorney Elizabeth Mills Viney terminated. Signed by Magistrate Judge Kimberly C Priest Johnson on 8/11/17. (cm, ) (Entered: 08/11/2017)
2017-08-2311NOTICE of Attorney Appearance by Theodore Druce Kwong on behalf of First Liberty Institute (Kwong, Theodore) (Entered: 08/23/2017)
2017-09-0512SUMMONS Returned Executed by Department of the Air Force. Department of the Air Force served on 8/7/2017, answer due 8/28/2017. (cm, ) Modified on 9/8/2017 (cm, ). (Entered: 09/05/2017)
2017-09-0513SUMMONS Returned Executed by Department of the Air Force. Department of the Air Force served on 8/9/2017, answer due 8/30/2017. (Attachments: # 1 US Attorney Eastern District)(cm, ) Modified on 9/8/2017 (cm, ). (Entered: 09/05/2017)
2017-09-0714Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Air Force Reserve Command, Department of the Air Force.( Wells, Robert) (Entered: 09/07/2017)
2017-09-07Defendant's Unopposed First Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Department of the Air Force to 10/10/2017. 30 Days Granted for Deadline Extension.( cm, ) (Entered: 09/07/2017)
2017-10-1015ANSWER to 1 Complaint, by Air Force Reserve Command, Department of the Air Force.(Parker, Andrea) (Entered: 10/10/2017)
2017-10-1916ORDER GOVERNING PROCEEDINGS, ( Rule 26 Meeting Report due by 11/21/2017., Rule 16 Management Conference set for 12/5/2017 01:45 PM in Ctrm 108 (Plano) before Magistrate Judge Kimberly C Priest Johnson). Signed by Magistrate Judge Kimberly C Priest Johnson on 10/19/2017. (cm, ) (Entered: 10/19/2017)
2017-11-1717NOTICE of Discovery Disclosure by First Liberty Institute Notice Regarding Service of Initial Disclosures (Kwong, Theodore) (Entered: 11/17/2017)
2017-11-2118REPORT of Rule 26(f) Planning Meeting. (Parker, Andrea) (Entered: 11/21/2017)
2017-12-05NOTICE CANCELLING Rule 16 Management Conference set 12/5/17. (ttm, ) (Entered: 12/05/2017)
2017-12-0719SCHEDULING ORDER: Amended Pleadings due by 1/8/2018. Motions due by 3/23/2018. Signed by Magistrate Judge Kimberly C Priest Johnson on 12/7/2017. (cm, ) (Entered: 12/07/2017)
2017-12-1420Joint MOTION to Dismiss by First Liberty Institute. (Attachments: # 1 Text of Proposed Order)(Kwong, Theodore) (Entered: 12/14/2017)
2017-12-2121REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re 20 Joint MOTION to Dismiss filed by First Liberty Institute. The Court recommends that the Parties' Joint Motion to Dismiss (Dkt. 20 ) be GRANTED. The Court further recommends that the Parties bear in full their own costs, expenses, and attorneys' fees incurred in connection with this matter. Signed by Magistrate Judge Kimberly C Priest Johnson on 12/21/2017. (baf, ) (Entered: 12/21/2017)
2018-01-1122MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE 21 . The parties' Joint Motion to Dismiss (Dkt. #20) is GRANTED. This entire action, and all of the claims asserted therein, be DISMISSED WITH PREJUDICE. Each party shall bear its own costs. All relief not previously granted is hereby DENIED. Signed by District Judge Amos L. Mazzant, III on 1/11/2018. (rpc, ) (Entered: 01/11/2018)
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by FOIA Project Staff