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Case TitleWhite v. Executive Office of US Attorneys et al
DistrictSouthern District of Illinois
CityEast St. Louis
Case Number3:2018cv00841
Date Filed2018-04-09
Date ClosedOpen
JudgeMagistrate Judge Reona J. Daly
PlaintiffWilliam A. White
Case DescriptionWilliam White, a federal prisoner, submitted a FOIA request to the Executive Office for U.S. Attorneys and the FBI for records about himself. After the agency failed to respond, White filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantExecutive Office of US Attorneys
DefendantFederal Bureau of Investigation
DefendantDepartment of Justice
Documents
Docket
Complaint
Opinion/Order [53]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-04-091COMPLAINT against All Defendants, filed by William A. White.(kdb) (Entered: 04/09/2018)
2018-04-092MOTION for Leave to Proceed in forma pauperis by William A. White. (kdb) (Entered: 04/09/2018)
2018-04-093Notice of Judge Assignment. Chief Judge Michael J. Reagan and Magistrate Judge Reona J. Daly assigned. All future documents must bear case number 18-841-MJR-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: 04/09/2018)
2018-04-164ORDER DENYING Plaintiff's motion to proceed in forma pauperis (Doc. 2 ). A federal court may permit an indigent party to proceed without pre-payment of fees. 28 U.S.C. § 1915(a)(1). The Court is not satisfied from White's affidavit that he is indigent. According to Plaintiff's motion, his national 6 month deposits totaled $3,310.00 as of April 3, 2018 (Doc. 2 , p. 13). In addition, Plaintiff's national 6 month average daily balance was $486.81. id. Accordingly, the Court DENIES the motion for leave to proceed in forma pauperis (Doc. 2 ). Plaintiff shall pay the $400.00 filing fee no later than May 16, 2018. Failure to comply with this Order will result in dismissal of this action for failure to comply with a court order under Federal Rule of Civil Procedure 41(b). Fed. R. Civ. P. 41(b). See generally Ladien v. Astrachan, 128 F.3d 1051 (7th Cir. 1997); Johnson v. Kamminga, 34 F.3d 466 (7th Cir. 1994). Signed by Chief Judge Michael J. Reagan on 4/13/2018. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/16/2018)
2018-04-195MOTION to Recuse Judge Michael Reagan Pursuant to 28 USC 144 and 28 USC 455 by William A. White. (tkm) (Entered: 04/19/2018)
2018-04-206ORDER denying 5 Motion for Recusal. Signed by Chief Judge Michael J. Reagan on 4/20/2018. (rah) (Entered: 04/20/2018)
2018-04-247MOTION to have the US Marshals Service Serve Process by William A. White. (kdb) (Entered: 04/24/2018)
2018-04-26Filing fee: $ 400.00, receipt number 34625083605. (jsm2) (Entered: 04/26/2018)
2018-06-078MOTION to Amend/Correct 1 Complaint by William A. White. (kdb) (Entered: 06/07/2018)
2018-06-129ORDER GRANTING 8 MOTION to Amend/Correct 1 Complaint filed by William A. White. The Complaint has not yet been served therefore amendment as a matter of course is appropriate at this time. Fed. R. Civ. P. 15(a)(1). The Clerk of Court is DIRECTED to file Plaintiff's Proposed Amended Complaint as the First Amended Complaint. Signed by Magistrate Judge Reona J. Daly on 6/12/2018. (ely)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/12/2018)
2018-06-1210FIRST AMENDED COMPLAINT against All Defendants, filed by William A. White.(lmb) (Entered: 06/13/2018)
2018-11-1311ORDER: The Court exercises its discretion to DENY the request for service of process at government expense (Doc. 7 ). Plaintiff shall be required to effectuate service of process by Tuesday, January 1, 2019. Plaintiff must also submit proof of the same to the Court by that date. Failure to comply with this Order will result in dismissal of the action for failure to comply with court order. See Fed. R. Civ. P. Rule 41(b). Signed by Chief Judge Michael J. Reagan on 11/13/2018. (rah) (Entered: 11/13/2018)
2018-12-0312Summons Requested. (kdb) (Entered: 12/03/2018)
2018-12-0313Summons Issued as to Executive Office of US Attorneys, Federal Bureau of Investigation and originals and 2 copies mailed to William White. (kdb) (Entered: 12/03/2018)
2018-12-1414SUMMONS Returned Executed by William A. White. Executive Office of US Attorneys served on 12/10/2018, answer due 2/8/2019; Federal Bureau of Investigation served on 12/10/2018, answer due 2/8/2019. (kdb) (Entered: 12/14/2018)
2019-01-2215MOTION for Entry of Default and Default Judgement by William A. White. (jaj) (Entered: 01/22/2019)
2019-01-2316ORDER: Plaintiff's Motion for Entry of Default (Doc. 15 ) is hereby DENIED . The Court generated response deadlines of February 8, 2019, when it received confirmation that defendants had been served. Those deadlines are appropriate and are set more than 30 days beyond the date of service for good cause in light of the current government shutdown. To the extent necessary, the deadlines will be extended further via a later motion to continue. The statute, 5 U.S.C. Section 552 allows for extensions for good cause shown, accordingly these extensions are appropriate. Signed by Chief Judge Michael J. Reagan on 1/23/2019. (rah)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/23/2019)
2019-01-2517NOTICE of Appearance by Suzanne M. Garrison on behalf of Department of Justice (Garrison, Suzanne) (Entered: 01/25/2019)
2019-01-2518MOTION for Extension of Time to File Answer re 10 Amended Complaint by Department of Justice. (Garrison, Suzanne) (Entered: 01/25/2019)
2019-01-2819NOTICE OF ACTION re 17 Notice of Appearance filed by Department of Justice. Filer did not include a certificate of service as the last page of this document since pro se parties are involved. Filer should notify the court that they in fact sent to pro se plaintiff a copy of Doc. 17. Please consult the ECF User Manual and Local Rules for further instruction. (trb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/28/2019)
2019-01-2820ORDER GRANTING 18 MOTION for Extension of Time to File Answer re 10 Amended Complaint filed by Department of Justice. For good cause shown, Defendants are GRANTED an extension of time, up to and including 3/8/2019, to file an answer or otherwise respond. Signed by Magistrate Judge Reona J. Daly on 1/28/2019. (ely)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/28/2019)
2019-01-2921CJRA TRACK B assigned: Final Pretrial Conference set for 5/1/2020 at 10:00 AM in East St. Louis Courthouse before Chief Judge Michael J. Reagan. Bench Trial set for 5/11/2020 at 9:00 AM in East St. Louis Courthouse before Chief Judge Michael J. Reagan. (Attachments: # 1 Consent to Magistrate Judge)(rah) (Entered: 01/29/2019)
2019-02-0422RESPONSE to 18 Motion for Extension of Time to File Answer filed by William A. White. (jaj) (Entered: 02/04/2019)
2019-03-0623Case Reassigned to Judge Staci M. Yandle. Chief Judge Michael J. Reagan no longer assigned to the case. (cds) (Entered: 03/06/2019)
2019-03-0824ANSWER to 10 Amended Complaint by Department of Justice, Executive Office of US Attorneys, Federal Bureau of Investigation.(Garrison, Suzanne) (Entered: 03/08/2019)
2019-03-1825NOTICE of Updated Litigation History by William A. White. (kdb) (Entered: 03/18/2019)
2019-04-0426ORDER: Due to the recent reassignment of this case to Judge Staci M. Yandle, the Final Pretrial Conference is reset for 4/29/2020 at 9:30 AM in Benton Courthouse before Judge Staci M. Yandle and Bench Trial is reset for 5/11/2020 at 9:00 AM in Benton Courthouse before Judge Staci M. Yandle. Signed by Judge Staci M. Yandle on 4/4/2019. (slh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/04/2019)
2019-05-2827MOTION for Partial Summary Judgment by Department of Justice. Responses due by 7/1/2019 (Attachments: # 1 Exhibit Att 1 Wilkinson Delcaration, # 2 Exhibit Att. 1 Exhibit A, # 3 Exhibit Att. 1 Exhibit B, # 4 Exhibit Att. 1 Exhibit C, # 5 Exhibit Att. 1 Exhibit D, # 6 Exhibit Att. 1 Exhibit E, # 7 Exhibit Att. 1 Exhibit F, # 8 Exhibit Att. 1 Exhibit G, # 9 Exhibit Att. 1 Exhibit H, # 10 Exhibit Att. 1 Exhibit I, # 11 Exhibit Att. 1 Exhibit J, # 12 Exhibit Att. 1 Exhibit K, # 13 Exhibit Att. 1 Exhibit L, # 14 Exhibit Att 2 Bradley Declaration)(Garrison, Suzanne) (Entered: 05/28/2019)
2019-05-2828NOTICE by Department of Justice Notice to Pro Se Plaintiff of Consequences of Failing to Respond to Defendant's Motion for Partial Summary Judgment (Garrison, Suzanne) (Entered: 05/28/2019)
2019-05-2829EXHIBIT by Department of Justice. Exhibit to 27 Motion for Partial Summary Judgment,, Redacted Exhibit 7 . (Garrison, Suzanne) (Entered: 05/28/2019)
2019-05-2830NOTICE OF MODIFICATION re 27 Motion for Partial Summary Judgment,, filed by Department of Justice. Exhibit 7 removed at the filers request. Exhibit 7 will be refiled. (trb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 05/28/2019)
2019-06-0731RESPONSE to Motion re 27 MOTION for Partial Summary Judgment filed by William A. White. (jaj) (Entered: 06/07/2019)
2019-06-0732MOTION for Partial Summary Judgment by William A. White. Responses due by 7/11/2019 (jaj) (Entered: 06/07/2019)
2019-07-0833RESPONSE to Motion re 32 MOTION for Partial Summary Judgment filed by Executive Office of US Attorneys. (Garrison, Suzanne) (Entered: 07/08/2019)
2019-07-1834MOTION for Leave to File an Extended Reply Brief by William A. White. (kdb) (Entered: 07/18/2019)
2019-07-1835SECOND SWORN DECLARATION by William A. White. (Attachments: # 1 Part 2 of the Declaration(kdb) (Entered: 07/18/2019)
2019-08-0836MOTION for Extension of Time an Extended Motion for Summary Judgment by William A. White. (kdw) (Entered: 08/08/2019)
2019-08-0837MOTION for Partial Summary Judgment by William A. White. Responses due by 9/12/2019 (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(kdw) (Entered: 08/08/2019)
2019-08-2038RESPONSE to Motion re 37 MOTION for Partial Summary Judgment filed by Federal Bureau of Investigation. (Garrison, Suzanne) (Entered: 08/20/2019)
2019-08-2939REPLY to Response to Motion re 37 MOTION for Partial Summary Judgment filed by William A. White. (kdw) (Entered: 08/29/2019)
2019-10-1540STATUS REPORT and Request for Briefing Schedule by Department of Justice. (Garrison, Suzanne) (Entered: 10/15/2019)
2019-10-1741ORDER: Dispositive Motions due by 1/10/2019. Signed by Magistrate Judge Reona J. Daly on 10/17/2019. (ely)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 10/17/2019)
2019-10-1842ORDER: Dispositive Motions due by 1/10/2020. Docket entry 41 incorrectly stated the due date year. Signed by Magistrate Judge Reona J. Daly on 10/18/2019. (ely)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 10/18/2019)
2019-11-2043ORDER: Pursuant to Administrative Order 257, this case has been selected for reassignment to a Magistrate Judge. Within 21 days of this Order, any party not previously having filed a Notice and Consent to Proceed before a Magistrate Judge Jurisdiction form in this case must file the attached form indicating that party's consent to proceed before a Magistrate Judge or an affirmative declination to consent. Consent due by 12/11/2019.. Signed by Judge Staci M. Yandle on 11/20/2019. (Attachments: # 1 Administrative Order)(mar) (Entered: 11/20/2019)
2019-12-0244MOTION Motion to File an Oversized Brief by Department of Justice. (Garrison, Suzanne) (Entered: 12/02/2019)
2019-12-0645CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) unsealed on 12/12/2019 (trb). (Entered: 12/09/2019)
2019-12-1146CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Garrison, Suzanne) unsealed on 12/12/2019 (trb). (Entered: 12/11/2019)
2019-12-1247FINAL CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Garrison, Suzanne) unsealed on 12/12/2019 (trb). (Entered: 12/12/2019)
2019-12-1248ORDER: All parties have consented to have a United States Magistrate Judge conduct all proceedings in this case. Accordingly, this case is REFERRED to United States Magistrate Judge Reona J. Daly. The Magistrate Judge shall conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. 636(c) and Federal Rule of Civil Procedure 73. Judge Staci M. Yandle no longer assigned to the case. All future documents must bear case number 18-841-RJD. Signed by Judge Staci M. Yandle on 12/12/2019. (trb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 12/12/2019)
2019-12-2049ORDER: GRANTING 34 MOTION for Leave to File filed by William A. White. Plaintiff is GRANTED leave to file a 10 page Reply brief. GRANTING 36 MOTION for Extended Motion filed by William A. White. Plaintiff is GRANTED leave to file a 29 page Motion for Summary Judgment. GRANTING 44 MOTION Motion to File an Oversized Brief filed by Department of Justice. Defendant Department of Justice is GRANTED leave to file a combined motion for summary judgment and memorandum of up to 45 pages in length. Signed by Magistrate Judge Reona J. Daly on 12/20/2019. (ely)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 12/20/2019)
2019-12-2350NOTICE OF CANCELLATION of Hearings: The Final Pretrial Conference set for 4/29/2020 and Bench Trial set for 5/11/2020 before Judge Staci M. Yandle are VACATED. (slh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 12/23/2019)
2020-01-1051MOTION for Partial Summary Judgment as to FBI FOIA requests by Department of Justice. Responses due by 2/13/2020 (Attachments: # 1 Affidavit Declaration, # 2 Exhibit Exhibit A-1 to A-6, # 3 Exhibit Exhiibt B Chart)(Garrison, Suzanne) (Entered: 01/10/2020)
2020-01-1052NOTICE by Department of Justice to Pro Se Plaintiff of Consequences of Failing to Respond to Defendant's Motion for Partial Summary Judgment (Garrison, Suzanne) (Entered: 01/10/2020)
2020-01-2153ORDER GRANTING IN PART, DENYING IN PART 27 MOTION for Partial Summary Judgment filed by Department of Justice; DENYING 32 MOTION for Partial Summary Judgment filed by William A. White. Signed by Magistrate Judge Reona J. Daly on 1/21/2020. (ely) (Entered: 01/21/2020)
2020-01-2754MOTION for Leave to File Extended Response by William A. White. Proposed Amended Response received this date and under review. (jaj) (Entered: 01/27/2020)
2020-01-2755ORDER GRANTING 54 MOTION for Leave to File filed by William A. White. Plaintiff is GRANTED leave to file a 26-page Response. The Clerk of Court is DIRECTED to file Plaintiff's proposed document as a Response to Document 51 . Signed by Magistrate Judge Reona J. Daly on 1/27/2020. (ely)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/27/2020)
2020-01-2756RESPONSE to 51 Motion for Partial Summary Judgment, filed by William A. White. (Attachments: # 1 part 2)(trb) (Entered: 01/28/2020)
2020-02-0557MOTION for Litigation Cost by William A. White. (kdw) (Entered: 02/05/2020)
2020-02-1458RESPONSE to Motion re 57 MOTION For Costs filed by Department of Justice. (Garrison, Suzanne) (Entered: 02/14/2020)
2020-02-1959STATUS REPORT regarding EOUSA FOIA responses by Department of Justice. (Garrison, Suzanne) (Entered: 02/19/2020)
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