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Case TitleHardimon v. Executive Office of the U.S. Attorneys et al
DistrictEastern District of Missouri
CitySt. Louis
Case Number4:2018cv01763
Date Filed2018-10-15
Date Closed2019-10-15
JudgeDistrict Judge Rodney W. Sippel
PlaintiffJohn M. Hardimon
Case DescriptionJohn Hardimon, a federal prisoner, submitted a FOIA request to the Executive Office for U.S. Attorneys for records concerning plea agreements from the U.S. Attorney's Office for the Southern District of Illinois. EOUSA denied Hardimon's request because he had waived his right to file FOIA requests in his own plea agreement. Hardimon filed an administrative appeal and the agency upheld its original decision. Hardimon then filed suit.
Complaint issues: Litigation - Jurisdiction - Failure to State a Claim

DefendantExecutive Office of the U.S. Attorneys
DefendantOffice of Information Policy
DefendantU.S. Attorney For Southern Illinois
DefendantU.S. Attorney For Southern Illinois
TERMINATED: 11/29/2018
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Opinion/Order [3]
Opinion/Order [22]
Opinion/Order [31]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-10-151COMPLAINT against All Defendants, Jury Demand, filed by John M. Hardimon. (Attachments: # 1 Attachment A, # 2 Civil Cover Sheet, # 3 Envelope)(JWD) (Entered: 10/16/2018)
2018-10-152MOTION for Leave to Proceed in forma pauperis by Plaintiff John M. Hardimon. (Attachments: # 1 Exhibit - Bank of America Account Summary)(JWD) (Entered: 10/16/2018)
2018-10-16Case Opening Notification: Judge Assigned: Honorable Rodney W. Sippel. (JWD) (Entered: 10/16/2018)
2018-10-16***Complaint Letter Created. This is to advise you that this office has received and filed your complaint and has assigned it the above-referenced case number. (JWD) (Entered: 10/16/2018)
2018-10-16***Complaint Letter Processed (see notice of electronic filing for distribution list) Tue Oct 16 12:02:48 CDT 2018 (admin,) (Entered: 10/16/2018)
2018-11-293MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis (Docket No. 2 ) is GRANTED.IT IS FURTHER ORDERED that defendant U.S. Attorney for Southern Illinois is DISMISSED from this action. IT IS FURTHER ORDERED that the Clerk of Court shall issue process or cause process to issue upon defendant Executive Office for United States Attorneys, U.S. Department of Justice, 950 Pennsylvania Avenue, N.W., Room 2242, Washington, DC 20530. IT IS FURTHER ORDERED that the Clerk of Court shall issue process or cause process to issue upon defendant Office of Information Policy, U.S. Department of Justice, 1425 New York Avenue, N.W., Suite 11050, Washington, DC 20530. IT IS FURTHER ORDERED that the Clerk of Court shall issue process or cause process to issue upon the complaint by serving the United States Attorney in accordance with Fed. R. Civ. P. 4(i)(1)(A)(i) and by serving the Attorney General of the United States in accordance with Fed. R. Civ. P. 4(i)(1)(B). Signed by District Judge Rodney W. Sippel on 11/29/2018. (CLO) (Entered: 11/29/2018)
2018-11-29ORDER RECEIPT: (see receipt) Docket No: 3. Mailed to party not set up for electronic notification. Thu Nov 29 13:37:40 CST 2018 (Olliges, Chelsea) (Entered: 11/29/2018)
2018-11-294Summons Issued as to defendant Executive Office of the U.S. Attorneys, Office of Information Policy, U.S. Attorney and U.S. Attorney General. The summons was hand delivered to USMS. (CLO) (Entered: 11/29/2018)
2019-01-245SUMMONS Returned Executed filed by John M. Hardimon. Defendant Executive Office of the U.S. Attorneys served on 11/30/2018, answer due 1/29/2019. (ARL) (Entered: 01/24/2019)
2019-02-156MOTION for Leave to File Answer out of Time by Defendants Executive Office of the U.S. Attorneys, Office of Information Policy. (Attachments: # 1 Answer to Complaint)(Llewellyn, Nicholas) (Entered: 02/15/2019)
2019-02-197Docket Text ORDER: Re: 6 MOTION for Leave to File Answer out of Time by Defendants Executive Office of the U.S. Attorneys, Office of Information Policy. (Attachments: # 1 Answer to Complaint)(Llewellyn, Nicholas) filed by Executive Office of the U.S. Attorneys, Office of Information Policy ; ORDERED GRANTED. Signed by District Judge Rodney W. Sippel on 2/19/19. (ARL) (Entered: 02/19/2019)
2019-02-19ORDER RECEIPT: (see receipt) Docket No: 7. Tue Feb 19 11:59:22 CST 2019 (Luisetti, Andrea) (Entered: 02/19/2019)
2019-02-198ANSWER to 1 Complaint by Executive Office of the U.S. Attorneys, Office of Information Policy.(ARL) (Entered: 02/19/2019)
2019-02-259MOTION to Unseal Entire Criminal Case by Plaintiff John M. Hardimon. (Attachments: # 1 Attachment)(KXS) (Entered: 02/25/2019)
2019-02-2510MOTION to oppose government's defense by Plaintiff John M. Hardimon. (KXS) (Entered: 02/25/2019)
2019-02-2711RULE 16 ORDER This case is assigned to Track: 2 Joint Scheduling Plan due by 4/16/2019. Rule 16 Conference set for 4/23/2019 11:00 AM in Courtroom 16S before District Judge Rodney W. Sippel. Signed by District Judge Rodney W. Sippel on 2/27/2019. (NEP) (Entered: 02/27/2019)
2019-02-27ORDER RECEIPT: (see receipt) Docket No: 11. Wed Feb 27 16:12:46 CST 2019 (Phillips, Nicole) (Entered: 02/27/2019)
2019-02-2712PRO SE MOTION to Oppose Government's Defense sent to District Court on 2/22/2019 by Plaintiff John M. Hardimon. (NEP) (Entered: 03/04/2019)
2019-02-2713PRO SE MOTION for Fraud on the Court by Plaintiff John M. Hardimon. (NEP) (Entered: 03/04/2019)
2019-03-0514PRO SE MOTION to Add Claim by Plaintiff John M. Hardimon. (CBL) (Entered: 03/05/2019)
2019-03-1315MEMORANDUM in Opposition re 12 PRO SE MOTION, 10 MOTION for Relief, 13 PRO SE MOTION, 14 PRO SE MOTION to Add Claim, 9 MOTION to Unseal Case filed by Defendants Executive Office of the U.S. Attorneys, Office of Information Policy. (Llewellyn, Nicholas) (Entered: 03/13/2019)
2019-04-1616JOINT SCHEDULING PLAN by Defendants Executive Office of the U.S. Attorneys, Office of Information Policy. . (Llewellyn, Nicholas) (Entered: 04/16/2019)
2019-04-2317ORDER: IT IS HEREBY ORDERED that a status conference will be held in this matter on August 15, 2019, at 10:00 am in Courtroom 16-South. At this status conference, the Defendant will identify if it has any documents responsive to Plaintiff's FOIA request. Signed by District Judge Rodney W. Sippel on 4/23/19. (KEK) (Entered: 04/23/2019)
2019-04-23ORDER RECEIPT: (see receipt) Docket No: 17. Tue Apr 23 15:12:00 CDT 2019 (Kratzer, Katie) (Entered: 04/23/2019)
2019-04-2318ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Rodney W. Sippel: Rule 16 Conference held on 4/23/2019. Conference held in person. Plaintiff failed to appear. Status conference set for 8/15/19 at 10:00 a.m. in Courtroom 16S. Order to follow. (Court Reporter:Shannon White, Shannon_White@moed.uscourts.gov, 314-244-7966) (proceedings started: 11:20 a.m.) (proceedings ended: 11:30 a.m.)(Deputy Clerk: A.Luisetti)(Appearance for Defendant: Nicholas Llewellyn) (ARL) (Entered: 04/23/2019)
2019-05-1619STATUS REPORT by Executive Office of the U.S. Attorneys, Office of Information Policy. (Attachments: # 1 Exhibit A - Declaration of Margaret Dryden)(Llewellyn, Nicholas) (Entered: 05/16/2019)
2019-05-21NOTICE: IF YOU HAVE ALREADY UPGRADED YOUR PACER ACCOUNT YOU CAN DISREGARD THIS NOTICE. IF YOU DO NOT UPGRADE YOU WILL NOT BE ABLE TO FILE IN THE SYSTEM AFTER MAY 31, 2019. PLEASE UPGRADE IMMEDIATELY. If you are using a shared account to file cases, you will need to create an individual account; instructions can be found at: https://www.moed.uscourts.gov/sites/moed/files/Register-for-New-PACER-account.pdf. If you already have an individual account, it will need to be upgraded; instructions can be found https://www.moed.uscourts.gov/sites/moed/files/Upgrade-Current-PACER-Account.pdf. If you need further assistance contact the MOED CM/ECF Help Desk at 314-244-7650 or moedml_cmecf_help@moed.uscourts.gov . (CSAW) (Entered: 05/21/2019)
2019-05-2120ORDER TO SHOW CAUSE...IT IS HEREBY ORDERED that Hardimon must show cause no later than June 7, 2019, why this case should not be dismissed for failure to state a claim upon which relief can be granted. Fed. R. Civ. Pro. 12(b)(6). (Show Cause Response due by 6/7/2019.). Signed by District Judge Rodney W. Sippel on 5/21/2019. (NEP) (Entered: 05/21/2019)
2019-05-21ORDER RECEIPT: (see receipt) Docket No: 20. Tue May 21 15:23:16 CDT 2019 (Phillips, Nicole) (Entered: 05/21/2019)
2019-05-2221Reply to Defendants Status Motion in May 2019; by Plaintiff John M. Hardimon. (NEP) (Entered: 05/23/2019)
2019-07-3122MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Hardimon's motion to unseal, 9 , motions to oppose the government's defense, 10 and 12 , motion for fraud on the court, 13 , and motion to add claim, 14 , are DENIED. Signed by District Judge Rodney W. Sippel on 7/31/19. (KEK) (Entered: 07/31/2019)
2019-07-31ORDER RECEIPT: (see receipt) Docket No: 22. Wed Jul 31 15:49:23 CDT 2019 (Kratzer, Katie) (Entered: 07/31/2019)
2019-08-1523ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Rodney W. Sippel: Status Conference held on 8/15/2019. Arguments heard. Order to follow. (Court Reporter: Shannon White, Shannon_White@moed.uscourts.gov, 314-244-7966) (proceedings started: 10:40 a.m.) (proceedings ended: 11:00 a.m.)(Deputy Clerk: A.Luisetti)(Appearance for Plaintiff: John M. Hardimon) (Appearance for Defendant: Nicholas Llewellyn) (ARL) (Entered: 08/15/2019)
2019-08-1524ORDER: IT IS HEREBY ORDERED that the Defendant shall file a dispositive motion no later than September 20, 2019. The Plaintiff will then have until October 10, 2019, to respond. Signed by District Judge Rodney W. Sippel on 8/15/19. (ARL) (Entered: 08/15/2019)
2019-08-15ORDER RECEIPT: (see receipt) Docket No: 24. Thu Aug 15 14:00:20 CDT 2019 (Luisetti, Andrea) (Entered: 08/15/2019)
2019-09-2025MOTION to Dismiss for Lack of Jurisdiction by Defendants Executive Office of the U.S. Attorneys, Office of Information Policy. (Llewellyn, Nicholas) (Entered: 09/20/2019)
2019-09-2026MEMORANDUM in Support of Motion re 25 MOTION to Dismiss for Lack of Jurisdiction filed by Defendants Executive Office of the U.S. Attorneys, Office of Information Policy. (Attachments: # 1 Exhibit A - Receipt from Federal Records Center, # 2 Exhibit B - Amended Declaration of Margaret Dryden, # 3 Exhibit C - Declaration of Karen Schroeder)(Llewellyn, Nicholas) (Entered: 09/20/2019)
2019-10-1527ORDER : IT IS HEREBY ORDERED the defendants motion to dismiss ECF No. 26 is GRANTED pursuant to Fed. R. Civ. P. 12(b)(1). Signed by District Judge Rodney W. Sippel on 10/15/19. (ARL) (Entered: 10/15/2019)
2019-10-15ORDER RECEIPT: (see receipt) Docket No: 27. Tue Oct 15 15:04:16 CDT 2019 (Luisetti, Andrea) (Entered: 10/15/2019)
2019-10-1528ORDER OF DISMISSAL: IT IS HEREBY ORDERED that Hardimon's claim brought pursuant to the Freedom of Information Act is DISMISSED. Signed by District Judge Rodney W. Sippel on 10/15/19. (ARL) (Entered: 10/15/2019)
2019-10-15ORDER RECEIPT: (see receipt) Docket No: 28. Tue Oct 15 15:07:11 CDT 2019 (Luisetti, Andrea) (Entered: 10/15/2019)
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