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Case TitleOrocon-Carothers JV1 v. Department of the Navy
DistrictSouthern District of Mississippi
CitySouthern
Case Number1:2018cv00161
Date Filed2018-05-09
Date ClosedOpen
JudgeDistrict Judge Halil S. Ozerden
PlaintiffOrocon-Carothers JV1
Case DescriptionOrocon-Carouthers, a construction company, submitted FOIA requests to the Department of the Navy for records concerning an RFP for renovating Building 603. The agency acknowledged receipt of the request and asked Orocon-Carouthers to clarify its request. The company did so. The Navy then provided a fee estimate of $1,216, which the company agreed to pay. Orocon-Carouthers submitted a second FOIA request to the Navy for records concerning possible structural problems at the building. The Navy asked the company to provide the location of the building. Orocon-Carouothers then filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDepartment of the Navy an agency of the United States
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-05-091COMPLAINT against Department of the Navy (Filing fee $ 400; receipt number 14643010285), filed by Orocon-Carothers JV1. (Attachments: # 1 Civil Cover Sheet)(JCH) (Entered: 05/09/2018)
2018-05-092Summons Issued as to U.S. Attorney and U.S. Attorney General (JCH) (Entered: 05/09/2018)
2018-05-103NOTICE of Appearance by Ralph B. Germany, Jr on behalf of Orocon-Carothers JV1 (Germany, Ralph) (Entered: 05/10/2018)
2018-05-144Corporate Disclosure Statement by Orocon-Carothers JV1 (Williams, Michael) (Entered: 05/14/2018)
2018-05-155ATTACHMENT re 1 Complaint by Orocon-Carothers JV1 (Attachments: # 1 Exhibit A- Confirmation Email, # 2 Exhibit B- Screenshot of FOIA Online Status, # 3 Exhibit C- Email Correspondence with A Hall, # 4 Exhibit D- Email Correspondence with A Hall Cost estimate, # 5 Exhibit E- Confirmation Email, # 6 Exhibit F- Screenshot of Online FOIA Status, # 7 Exhibit G- Email Correspondence with Pat Spann, # 8 Exhibit H- 022818 Email Correspondence)(Williams, Michael) (Entered: 05/15/2018)
2018-05-246Unopposed MOTION for Extension of Time to File Answer re 1 Complaint or other Response by Department of the Navy (Eldridge-Federal Gov, Cynthia) (Entered: 05/24/2018)
2018-05-24TEXT ONLY ORDER granting 6 Defendant's unopposed Motion for an Extension of Time. Defendant is granted an extension of time until July 2, 2018, within which to file its answer or otherwise respond to Plaintiff's Complaint. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 5/24/18 (HM) (Entered: 05/24/2018)
2018-06-287ANSWER to 1 Complaint by Department of the Navy.(Eldridge-Federal Gov, Cynthia) (Entered: 06/28/2018)
2018-06-298Rule 16(a) Initial Order: Telephonic Case Management Conference set for 8/8/2018 at 10:00 AM before Magistrate Judge John C. Gargiulo. (AB) (Entered: 06/29/2018)
2018-07-05Reset Hearing: Due to a conflict with Counsel for Plaintiff's schedule, the Telephonic Case Management Conference is RESET for 8/23/2018 at 9:30 AM before Magistrate Judge John C. Gargiulo. Counsel will follow all other instructions given in the Rule 16(a) Initial Order. (AB) (Entered: 07/05/2018)
2018-08-169NOTICE of Service of Pre-Discovery Disclosure by Department of the Navy (Eldridge-Federal Gov, Cynthia) (Entered: 08/16/2018)
2018-08-1610NOTICE of Service of Initial Disclosure by Orocon-Carothers JV1 (Williams, Michael) (Entered: 08/16/2018)
2018-08-23Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: Telephonic Case Management Conference held on 8/23/2018. PARTICIPANTS: Michael C. Williams and Ralph B. Germany, Jr. (counsel for Plaintiff); Cynthia Lynn Eldridge (counsel for Defendant). A Case Management Order will be entered. (AB) (Entered: 08/23/2018)
2018-08-23(DISREGARD) CASE MANAGEMENT ORDER: Bench Trial set for a three week trial calendar beginning on 8/5/2019 at 9:00 AM in Courtroom 706 (Gulfport) before District Judge Halil S. Ozerden. Pretrial Conference set for 7/23-25/2019 at 9:00 AM in Courtroom 706 (Gulfport) before District Judge Halil S. Ozerden. Discovery due by 1/23/2019. Motions for Amended Pleadings due by 9/21/2018. Motions for Joinder of Parties due by 9/21/2018. Motions due by 2/6/2019. EARLY Settlement Conference set for 9/18/2018 at 9:30 AM in Chambers 672 (Gulfport) before Magistrate Judge John C. Gargiulo. Settlement Conference set for 4/15/2019 at 1:30 PM in Chambers 672 (Gulfport) before Magistrate Judge John C. Gargiulo. ADR Report due by 7/16/2019. Proposed Pretrial Order due by 7/23/2019. Signed by Magistrate Judge John C. Gargiulo on 8/23/2018 (AB) Modified on 8/23/2018 (PKS). (Entered: 08/23/2018)
2018-08-23DOCKET ANNOTATION: The Case Management Order entry of 8/23/2018 will be disregarded on the docket and will be refiled with the attachment. (AB) (Entered: 08/23/2018)
2018-08-2311CASE MANAGEMENT ORDER: Bench Trial set for a three week trial calendar beginning on 8/5/2019 at 9:00 AM in Courtroom 706 (Gulfport) before District Judge Halil S. Ozerden. Pretrial Conference set for 7/23-25/2019 at 9:00 AM in Courtroom 706 (Gulfport) before District Judge Halil S. Ozerden. Discovery due by 1/23/2019. Motions for Amended Pleadings due by 9/21/2018. Motions for Joinder of Parties due by 9/21/2018. Motions due by 2/6/2019. EARLY Settlement Conference set for 9/18/2018 at 9:30 AM in Chambers 672 (Gulfport) before Magistrate Judge John C. Gargiulo. Settlement Conference set for 4/15/2019 at 1:30 PM in Chambers 672 (Gulfport) before Magistrate Judge John C. Gargiulo. ADR Report due by 7/16/2019. Proposed Pretrial Order due by 7/23/2019. EDT: 2 days. Parties do not consent. Signed by Magistrate Judge John C. Gargiulo on 8/23/2018 (AB) (Entered: 08/23/2018)
2018-09-06Reset Hearing: Due to a conflict with Defense Counsel's schedule, the EARLY Settlement Conference is RESET for 10/19/2018 at 10:00 AM in Chambers 672 (Gulfport) before Magistrate Judge John C. Gargiulo. Counsel are instructed to submit to Judge Gargiulo, seven (7) days prior to the conference, a memorandum (3 page maximum in PDF format) setting forth a brief explanation of the case, and a candid appraisal of their respective positions, including possible settlement figures. This document is NOT to be exchanged and will be viewed only by the Court. The settlement memoranda should be sent to Judge Gargiulo via e-mail (gargiulo_chambers@mssd.uscourts.gov). LOCAL COUNSEL, LEAD COUNSEL AND PARTIES WITH FULL SETTLEMENT AUTHORITY MUST BE PHYSICALLY PRESENT AT THE CONFERENCE (INCLUDING INSURANCE CARRIERS WHO HAVE AUTHORITY). FAILURE TO APPEAR MAY RESULT IN SANCTIONS. (AB) (Entered: 09/06/2018)
2018-09-1012SUMMONS Returned Executed by Orocon-Carothers JV1. Department of the Navy served on 5/18/2018.(Germany, Ralph) Modified service date on 9/11/2018 (wld). (Entered: 09/10/2018)
2018-09-1013SUMMONS Returned Executed by Orocon-Carothers JV1. Department of the Navy served on 5/10/2018. (Germany, Ralph) Modified service date on 9/11/2018 (wld). (Entered: 09/10/2018)
2018-09-11DOCKET ANNOTATION as to #12. Corrected service date from 6/4/2018 to 5/18/2018. #13 Corrected service date from 5/16/2018 to 5/10/2018. Counsel should have used the event code "Summons Returned Executed as to USA". Answer deadlines have been terminated as an answer has already been filed. (wld) (Entered: 09/11/2018)
2018-10-19Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: Settlement Conference held on 10/19/2018. PARTICIPANTS: Ralph B. Germany, Jr. (Counsel for Plaintiff); Ben Logan and John Oropesa (representatives for Plaintiff); Cynthia Lynn Eldridge (Counsel for Defendant); Greg Palmer and Lt. Loos (representatives for Defendant). The parties made significant progress and have reached a partial settlement in principle regarding the release-of-records aspect to the litigation. In compliance with the agreement, the Defense will produce the negotiated documents to the Plaintiff on or before November 19, 2018. A status conference will be scheduled by separate entry. The parties are encouraged to confer regarding potential resolution of the separate claims for costs and fees. Tape Number: 10/19/2018. (AB) Modified on 10/19/2018 to correct scrivener's error (AB). (Entered: 10/19/2018)
2018-10-19NOTICE of Hearing: TELEPHONIC Status Conference set for 12/3/2018 at 2:30 PM before Magistrate Judge John C. Gargiulo. Counsel for Plaintiff will place the call to Judge Gargiulo's Chambers with all necessary counsel on the line. (AB) (Entered: 10/19/2018)
2018-10-19DOCKET ANNOTATION: Minute Entry entered 10/19/2018 was modified to reflect the correct date Defense was to produce the negotiated documents of November 19, 2018. (AB) (Entered: 10/19/2018)
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by FOIA Project Staff
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