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Case TitleJobe v. National Transportation Safety Board
DistrictEastern District of Louisiana
CityNew Orleans
Case Number2:2018cv10547
Date Filed2018-11-06
Date Closed2019-11-20
JudgeJudge Jay C. Zainey
PlaintiffTony B Jobe Esq.
Case DescriptionTony Jobe submitted FOIA requests to the National Transportation Safety Board for records concerning the investigation of a helicopter accident in Hawaii. The agency disclosed 333 pages, which Jobe contended were non-responsive. The agency withheld 2,349 pages under Exemption 5 (privileges), although it later agreed to review the documents for potential disclosure. The agency also told Jobe that 1,553 pages had not been processed because they originated with other agencies. Jobe filed a complaint with the Office of Government Information Services, but had not heard back from either the agency or OGIS by the time he filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantNational Transportation Safety Board
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [59]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-11-061COMPLAINT against National Transportation Safety Board (Filing fee $400 receipt number 053L-7217089) filed by Tony B. Jobe. (Attachments: # 1 Summons, # 2 Civil Cover Sheet)Attorney Tony Bryson Jobe added to party Tony B. Jobe(pty:pla).(Jobe, Tony) (Entered: 11/06/2018)
2018-11-062Initial Case Assignment to Judge Jay C. Zainey and Magistrate Judge Daniel E. Knowles, III. (ess) (Entered: 11/06/2018)
2018-11-083Summons Issued as to National Transportation Safety Board. (Attachments: # 1 Summons US Atty, # 2 Summons US Atty Gen)(lag) (Entered: 11/08/2018)
2018-12-064EXPARTE/CONSENT MOTION for Extension of Time to Answer re 1 Complaint, by National Transportation Safety Board. (Attachments: # 1 Proposed Order)Attorney Brock Darren Dupre added to party National Transportation Safety Board(pty:dft).(Dupre, Brock) (Entered: 12/06/2018)
2018-12-105ORDER granting 4 Motion for Extension of Time to Answer re 1 Complaint, as to National Transportation Safety Board answer due 12/31/2018. Signed by Judge Jay C. Zainey on 12/07/2018. (jeg) (Entered: 12/10/2018)
2018-12-276ANSWER to 1 Complaint, by National Transportation Safety Board.(Dupre, Brock) (Entered: 12/27/2018)
2019-01-077ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Dana Douglas. Magistrate Judge Daniel E. Knowles, III no longer assigned to case. Signed by Chief Judge Nannette Jolivette Brown.(ADI) (Entered: 01/07/2019)
2019-02-218NOTICE of Hearing. Scheduling Conference set for 3/8/2019 10:10 AM before case manager by telephone. By Clerk. (jrc) (Entered: 02/21/2019)
2019-03-019STATUS REPORT by Tony B Jobe (Jobe, Tony) (Entered: 03/01/2019)
2019-03-0110CERTIFICATE OF SERVICE by Tony B Jobe re 9 Status Report . (Jobe, Tony) (Entered: 03/01/2019)
2019-03-0411Correction of Docket Entry by Clerk re 10 Certificate of Service.** For all future pleadings please include the Certificate of Service at the end of each pleading, Stand alone Certificates of Service should never be filed as a separate document. ** (am) (Entered: 03/04/2019)
2019-03-0812SCHEDULING ORDER: Final Pretrial Conference set for 11/14/2019 09:30 AM before Judge Jay C. Zainey. Bench Trial set for 12/2/2019 09:30 AM before Judge Jay C. Zainey.. Signed by Judge Jay C. Zainey on 3/8/19. (Attachments: # 1 Pretrial Notice Form)(jrc) (Entered: 03/11/2019)
2019-05-0213MOTION to Compel Vaughn Index , MOTION for Attorney Fees by Tony B Jobe. Motion(s) referred to Dana Douglas. Motion(s) will be submitted on 5/29/2019. (Attachments: # 1 Exhibits to Motion to Compel, # 2 Memorandum in Support, # 3 Exhibits to Memorandum in Support, # 4 Proposed Order, # 5 Notice of Submission)(Jobe, Tony) Modified text on 5/3/2019 (mp). (Entered: 05/02/2019)
2019-05-0614ORDER Setting Oral Hearing on 13 MOTION to Compel Vaughn Index, MOTION for Attorney Fees. IT IS ORDERED that the Plaintiff's Motion to Compel a Vaughn Index [Doc. #13] is SET FOR ORAL HEARING before the undersigned Magistrate Judge on Wednesday,May 29, 2019 at 11:00 a.m. in Courtroom B305 at 500 Poydras St. (Hale Boggs Federal Bldg.), New Orleans, Louisiana. Any memorandum in opposition and any reply memorandum shall be filed in accordance with the Local Rules of this Court. Signed by Magistrate Judge Dana Douglas on 5/3/2019.(cg) (Entered: 05/06/2019)
2019-05-2115RESPONSE/MEMORANDUM in Opposition filed by National Transportation Safety Board re 13 MOTION to Compel Vaughn Index MOTION for Attorney Fees . (Dupre, Brock) (Entered: 05/21/2019)
2019-05-2416EXPARTE/CONSENT MOTION to Reset Hearing re 13 Motion to Compel Vaughn Index by Tony B Jobe. Motion(s) referred to Dana Douglas. (Attachments: # 1 Proposed Order)(Jobe, Tony) Modified on text/event 5/28/2019 (mp). (Entered: 05/24/2019)
2019-05-2817Correction of Docket Entry by Clerk re 16 MOTION to Continue Hearing. 1.) Filing attorney selected incorrect event. Correct event is Motion to Continue. Clerk took corrective action by changing the event. 2.) Filing attorney incorrectly linked document to document 14. Clerk properly linked document to document 13. No further action is necessary. (mp) (Entered: 05/28/2019)
2019-05-2818ORDER Setting/Resetting Oral Hearing on 13 MOTION to Compel. IT IS ORDERED that the Plaintiff's Motion to Compel a Vaughn Index [Doc. #13] is RESET FOR ORAL HEARING before the undersigned Magistrate Judge on Wednesday, June 12, 2019 at 11:00 a.m. in Courtroom B305 at 500 Poydras St. (Hale Boggs Federal Bldg.), New Orleans, Louisiana. Any memorandum in opposition and any reply memorandum shall be filed in accordance with the Local Rules of this Court. Signed by Magistrate Judge Dana Douglas on 5/28/2019.(cg) (Entered: 05/28/2019)
2019-05-3119DEFICIENT: REPLY to Response to Motion filed by Tony B Jobe re 13 MOTION to Compel Vaughn Index MOTION for Attorney Fees . (Jobe, Tony) Modified text on 6/3/2019 (mp). (Entered: 05/31/2019)
2019-06-0420**FILED IN ERROR - SEE R. DOC. 21**EXPARTE/CONSENT MOTION for Leave to File Brief in Reply to Defendant's Brief in Opposition to Plaintiff's Motion to Compel Vaughn Index by Tony B Jobe. Motion(s) referred to Dana Douglas. (Attachments: # 1 Exhibit Proposed Reply Brief, # 2 Proposed Order)(Jobe, Tony) Modified text on 6/4/2019 (mp). (Entered: 06/04/2019)
2019-06-0421EXPARTE/CONSENT MOTION for Leave to File Plaintiff's Brief in Reply to Defendant's Brief in Opposition to Plaintiff's Motion to Compel Vaughn Index by Tony B Jobe. Motion(s) referred to Dana Douglas. (Attachments: # 1 Exhibit Plaintiff's Reply Brief, # 2 Proposed Order)(Jobe, Tony) (Entered: 06/04/2019)
2019-06-0522ORDER granting 21 Motion for Leave to File Reply. Signed by Magistrate Judge Dana Douglas on 6/5/2019. (cg) (Entered: 06/05/2019)
2019-06-0523REPLY to Response to Motion filed by Tony B Jobe re 13 MOTION to Compel Vaughn Index MOTION for Attorney Fees . (cg) (Entered: 06/05/2019)
2019-06-1224Minute Entry for proceedings held before Magistrate Judge Dana Douglas: Motion Hearing held on 6/12/2019. IT IS ORDERED that the Plaintiff's Motion to Compel a Vaughn Index [Doc. #13] is TAKEN UNDER ADVISEMENT. (cg) (Entered: 06/12/2019)
2019-07-0125ORDER granting in part and denying in part 13 Motion to Compel and Motion for Attorney Fees. For the foregoing reasons, IT IS ORDERED that the Plaintiff's Motion to Compel a Vaughn Index [Doc. #13] is GRANTED IN PART. The Court denies any request for attorney's fees. Signed by Magistrate Judge Dana Douglas on 7/1/2019. (cg) (Entered: 07/01/2019)
2019-07-0826MOTION to Compel Defendant's Proper Responses to Plaintiff's First Request for Admissions , MOTION for Sanctions Pursuant to F.R.C.P. 37(a)(5) by Tony B Jobe. Motion(s) referred to Dana Douglas. Motion(s) will be submitted on 7/31/2019. (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Exhibit, # 4 Proposed Order, # 5 Notice of Submission)(Jobe, Tony) (Entered: 07/08/2019)
2019-07-0927ORDER Setting Oral Hearing on 26 MOTION to Compel Defendant's Proper Responses to Plaintiff's First Request for Admissions. IT IS ORDERED that the Plaintiff's Motion to Compel Defendant's Proper Responses to Plaintiff's First Requests for Admissions and for Sanctions [Doc. #26] is SET FOR ORAL HEARING before the undersigned Magistrate Judge on Wednesday, July 31, 2019 at 11:00 a.m. in Courtroom B305 at 500 Poydras St. (Hale Boggs Federal Bldg.), New Orleans, Louisiana. Any memorandum in opposition and any reply memorandum shall be filed in accordance with the Local Rules of this Court. Signed by Magistrate Judge Dana Douglas on 7/9/2019.(cg) (Entered: 07/09/2019)
2019-07-1028MOTION for Summary Judgment by National Transportation Safety Board. Motion(s) will be submitted on 8/7/2019. (Attachments: # 1 Memorandum in Support, # 2 Statement of Contested/Uncontested Facts, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Notice of Submission)(Dupre, Brock) (Entered: 07/10/2019)
2019-07-1829***DEFICIENT*** EXPARTE/CONSENT First MOTION for Extension of Time to File Response/Reply as to 28 MOTION for Summary Judgment by Tony B Jobe. Motion(s) referred to Dana Douglas. (Attachments: # 1 Declaration of Tony B. Jobe, # 2 Exhibit "A", # 3 Proposed Order)(Jobe, Tony) Modified on 7/19/2019 (ajn). (Entered: 07/18/2019)
2019-07-1830MOTION to Compel Compliance With This Court's July 1, 2019 Order , MOTION for Sanctions Pursuant to F.R.C.P. 37(b)(2)(A)(iv) by Tony B Jobe. Motion(s) referred to Dana Douglas. Motion(s) will be submitted on 8/7/2019. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Tony B. Jobe, # 3 Exhibit "A", # 4 Proposed Order, # 5 Notice of Submission)(Jobe, Tony) (Entered: 07/18/2019)
2019-07-1931MOTION for Extension of Time to File Response/Reply as to 28 MOTION for Summary Judgment by Tony B Jobe. Motion(s) will be submitted on 8/7/2019. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Tony B. Jobe, # 3 Exhibit "A", # 4 Proposed Order, # 5 Notice of Submission)(Jobe, Tony) Modified text on 7/22/2019 to remove referral to magistrate judge. (ajn). (Entered: 07/19/2019)
2019-07-2232ORDER for hard copy re 28 MOTION for Summary Judgment filed by National Transportation Safety Board. Signed by Judge Jay C. Zainey on 7/19/19.(jrc) (Entered: 07/22/2019)
2019-07-2233Correction of Docket Entry by Clerk re 31 MOTION for Extension of Time to File Response/Reply as to 28 MOTION for Summary Judgment. **Filing attorney incorrectly changed 'N' to 'Y' at the question 'Is this motion to be decidedby the Magistrate Judge Y/N?'. This motion will be decided by the District Judge. Clerk took corrective action.** (ajn) (Entered: 07/22/2019)
2019-07-2334ORDER Setting Oral Hearing on 30 MOTION to Compel. IT IS ORDERED that the Plaintiff's Motion to Compel Compliance with This Court's July 1, 2019 Order and for Sanctions [Doc. #30] is SET FOR ORAL HEARING before the undersigned Magistrate Judge on Wednesday, July 31, 2019 at 11:00 a.m. in Courtroom B305 at 500 Poydras St. (Hale Boggs Federal Bldg.), New Orleans, Louisiana. Any memorandum in opposition and any reply memorandum shall be filed in accordance with the Local Rules of this Court. Signed by Magistrate Judge Dana Douglas on 7/22/2019.(cg) (Entered: 07/23/2019)
2019-07-2335RESPONSE/MEMORANDUM in Opposition filed by National Transportation Safety Board re 26 MOTION to Compel Defendant's Proper Responses to Plaintiff's First Request for Admissions MOTION for Sanctions Pursuant to F.R.C.P. 37(a)(5) . (Dupre, Brock) (Entered: 07/23/2019)
2019-07-2436RESPONSE/MEMORANDUM in Opposition filed by National Transportation Safety Board re 30 MOTION to Compel Compliance With This Court's July 1, 2019 Order MOTION for Sanctions Pursuant to F.R.C.P. 37(b)(2)(A)(iv) . (Dupre, Brock) (Entered: 07/24/2019)
2019-07-2437ORDER granting 31 Motion for Extension of Time to File Response/Reply. Plaintiff's opposition to the Motion for Summary Judgment (Rec. Doc. 28) is due no later than twenty-one (21) days after the Magistrate's decision on the pending motions to compel. Signed by Judge Jay C. Zainey. (jrc) (Entered: 07/24/2019)
2019-07-2638EXPARTE/CONSENT MOTION for Leave to File Memorandum in Reply to Defendant's Opposition to Plaintiff's Motion to Compel Defendant's Proper Answers to Plaintiff's First Request for Admissions and For Sanctions by Tony B Jobe. Motion(s) referred to Dana Douglas. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading, # 3 Exhibit Reply Brief Exhibit "A", # 4 Exhibit Reply Brief Exhibit "B")(Jobe, Tony) Modified text on 7/29/2019 (clw). (Entered: 07/26/2019)
2019-07-2639EXPARTE/CONSENT MOTION for Leave to File Plaintiff's Brief in Reply to Defendant's Opposition to Plaintiff's Motion to Compel Compliance With This Court's July 1, 2019 Order and For Sanctions by Tony B Jobe. Motion(s) referred to Dana Douglas. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading, # 3 Exhibit Plaintiff's Reply Memorandum Exhibit A, # 4 Exhibit Plaintiff's Reply Memorandum Exhibit B)(Jobe, Tony) Modified text on 7/29/2019 (clw). (Entered: 07/26/2019)
2019-07-2940ORDER granting 38 Motion for Leave to File Reply. Signed by Magistrate Judge Dana Douglas on 7/29/2019. (cg) (Entered: 07/29/2019)
2019-07-2941REPLY to Response to Motion filed by Tony B Jobe re 30 MOTION to Compel Compliance With This Court's July 1, 2019 Order MOTION for Sanctions Pursuant to F.R.C.P. 37(b)(2)(A)(iv) . (Attachments: # 1 Exhibit A, # 2 Exhibit B)(cg) (Entered: 07/29/2019)
2019-07-2942ORDER granting 39 Motion for Leave to File Reply. Signed by Magistrate Judge Dana Douglas on 7/29/2019. (cg) (Entered: 07/29/2019)
2019-07-2943REPLY to Response to Motion filed by Tony B Jobe re 30 MOTION to Compel Compliance With This Court's July 1, 2019 Order MOTION for Sanctions Pursuant to F.R.C.P. 37(b)(2)(A)(iv) . (Attachments: # 1 Exhibit A, # 2 Exhibit B)(cg) (Entered: 07/29/2019)
2019-08-2944ORDER denying 26 Motion to Compel and denying 26 Motion for Sanctions.. Signed by Magistrate Judge Dana Douglas on 8/29/2019. (cg) (Entered: 08/29/2019)
2019-09-1345EXPARTE/CONSENT MOTION to Stay re 12 Scheduling Order, by Tony B Jobe. (Attachments: # 1 Proposed Order)(Jobe, Tony) (Entered: 09/13/2019)
2019-09-1646ORDER granting 45 MOTION to Stay Pretrial Deadlines with the exception of the 10/16/2019 deadline for notice of submission of dispositive motions are stayed pending this Court's rulings on the parties' Motions for Summary Judgment. IT IS FURTHER ORDERED that Defendant's 28 MOTION for Summary Judgment is reset for submission on 10/16/2019 on the briefs. Signed by Judge Jay C. Zainey on 9/16/2019.(ajn) (Entered: 09/16/2019)
2019-09-1947EXPARTE/CONSENT MOTION for Leave to File Excess Pages by Tony B Jobe. (Attachments: # 1 Proposed Order)(Jobe, Tony) (Main Document 47 replaced on 9/20/2019) (ajn). (Additional attachment(s) added on 9/20/2019: # 2 Certificate of Compliance) (ajn). (Entered: 09/19/2019)
2019-09-1948Cross MOTION for Summary Judgment by Tony B Jobe. Motion(s) will be submitted on 10/16/2019. (Attachments: # 1 Memorandum in Support and Memorandum in Opposition to Defendant's Motion for Summary Judgment, # 2 Exhibit Jobe Declaration, # 3 Exhibit A-Jobe Declaration, # 4 Exhibit B-Jobe Declaration, # 5 Exhibit C-Jobe Declaration Exhibit C, # 6 Exhibit D-Jobe Declaration, # 7 Exhibit E-Jobe Declaration, # 8 Exhibit Hamilton Declaration, # 9 Statement of Contested/Uncontested Facts, # 10 Notice of Submission)(Jobe, Tony) Modified text on 9/20/2019 (ajn). (Additional attachment(s) added on 9/24/2019 per order: # 11 Exhibit 1, # 12 Exhibit 2, # 13 Exhibit 3, # 14 Exhibit 4, # 15 Exhibit 5, # 16 Exhibit 6, # 17 Exhibit 7, # 18 Exhibit 8) (ko). (Entered: 09/20/2019)
2019-09-2049EXPARTE/CONSENT MOTION for Leave to File Supplement to Plaintiff's Cross Motion for Summary Judgment [Rec. 48] by Tony B Jobe. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Proposed Order)(Jobe, Tony) (Entered: 09/20/2019)
2019-09-2450ORDER GRANTING 47 Motion for Leave to File Excess Pages. Signed by Judge Jay C. Zainey on 9/20/2019. (jeg) (Entered: 09/24/2019)
2019-09-2451ORDER: ORDERED that counsel for the Plaintiff shall deliver a hard copy of its filing located at document number 48 Cross MOTION for Summary Judgment as set forth in document. Signed by Judge Jay C. Zainey on 9/20/2019.(jeg) (Entered: 09/24/2019)
2019-09-2452ORDER granting 49 Motion for Leave to File Exhibits. Signed by Judge Jay C. Zainey on 9/23/19. (ko) (Entered: 09/24/2019)
2019-10-0853RESPONSE/MEMORANDUM in Opposition filed by National Transportation Safety Board re 48 Cross MOTION for Summary Judgment . (Attachments: # 1 Statement of Contested/Uncontested Facts)(Dupre, Brock) (Entered: 10/08/2019)
2019-10-1554EXPARTE/CONSENT MOTION for Leave to File Memorandum in Reply to Defendant's Memorandum in Opposition to Plaintiff's Motion for Summary Judgment by Tony B Jobe. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading, # 3 Statement of Material Facts)(Jobe, Tony) Modified text on 10/16/2019 (ajn). (Entered: 10/15/2019)
2019-10-1655ORDER granting 54 Motion for Leave to File Reply. Signed by Judge Jay C. Zainey on 10/16/19. (ko) (Entered: 10/16/2019)
2019-10-1656REPLY to Response to Motion filed by Tony B Jobe re 48 Cross MOTION for Summary Judgment . (Attachments: # 1 Statement of Material Facts)(ko) (Entered: 10/16/2019)
2019-10-2957ORDER: IT IS ORDERED that by 11/18/2019, the National Transportation Safety Board shall produce pages 1 through 215 which are listed on the Index of Withheld Records (Rec. Doc 28-6) for an in camera inspection by the Court. Signed by Judge Jay C. Zainey on 10/29/2019. (ajn) (Entered: 10/29/2019)
2019-11-1358ORDER CANCELLING PRETRIAL CONFERENCE: IT IS ORDERED that the Pretrial Conference set for Thursday, 11/14/2019, is CANCELLED. Signed by Judge Jay C. Zainey on 11/13/2019.(ajn) (Entered: 11/13/2019)
2019-11-1859ORDER AND REASONS granting in part and denying in part 48 Cross Motion for Summary Judgment; granting in part and denying in part 28 Motion for Summary Judgment. The NTSB must release to Jobe Documents 1-61, 123-156, and 165-206 on the Vaughn index submitted by the NTSB. (Rec. Doc. 28-6). Jobes request for the NTSB to produce Documents 62-122, 157-164, and 207- 215 is denied. Signed by Judge Jay C. Zainey on 11/18/2019. (mm) (Entered: 11/19/2019)
2019-11-2060JUDGMENT: IT IS ORDERED, ADJUDGED AND DECREED that there be judgment in favor of the plaintiff, Tony B. Jobe, and against defendant NTSB. The NTSB must release to Jobe Documents 1-61, 123-156, and 165-206 on the Vaughn index submitted by the NTSB. Signed by Judge Jay C. Zainey on 11/19/2019.(ajn) (Entered: 11/20/2019)
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