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Case TitleTalley v. U.S. Department of Labor
DistrictWestern District of Missouri
CityKansas City
Case Number4:2019cv00493
Date Filed2019-06-25
Date ClosedOpen
JudgeDistrict Judge Ortrie D. Smith
PlaintiffFerissa Talley
Case DescriptionFerissa Talley submitted two FOIA requests to the Department of Labor for records concerning emails from DynCorp International employees Darin Powers and Robert Huber pertaining to a Defense Base Act complaint. The agency acknowledged receipt of the requests and withheld the emails under Exemption 4 (confidential business information). Talley filed an administrative appeal of the denial, but after hearing nothing further from the agency, she filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. Department of Labor
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Opinion/Order [14]
Opinion/Order [16]
Opinion/Order [22]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-06-261COMPLAINT against All Defendants filed by Joshua A. Sanders on behalf of All Plaintiffs. Filing fee $400, receipt number AMOWDC-6372728. Service due by 9/24/2019 unless otherwise directed by the court. (Attachments: # 1 Exhibit 1-E-mail string July 30 and 31, 2013, # 2 Exhibit 2-DI Filing January 16, 2018, # 3 Civil Cover Sheet)(Sanders, Joshua) (Entered: 06/26/2019)
2019-06-262NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS. Notice of MAP assignment to an outside mediator. (Attachments: # 1 MAP General Order)(Woods, Gloria) (Entered: 06/26/2019)
2019-06-26SUMMONS ISSUED to Timothy A. Garrison, U.S. Attorney, Western District, William Barr, U.s. Attorney General, and Kate S. O'Scannlain, Solicitor of Labor, U.S. Department of Labor as to U.S. Department of Labor. (Woods, Gloria) (Entered: 06/26/2019)
2019-06-273ORDER TRANSFERRING CASE. Case reassigned to District Judge Ortrie D. Smith for all further proceedings. District Judge Fernando J. Gaitan, Jr no longer assigned to case Signed on 6/26/19 by District Judge Fernando J. Gaitan, Jr. (Ellis, Lindsey) (Entered: 06/27/2019)
2019-06-274MOTION to stay litigation pending disposition by the Eighth Circuit of Appeal No. 19-1743 filed by Jeffrey P. Ray on behalf of U.S. Department of Labor. Suggestions in opposition/response due by 7/11/2019 unless otherwise directed by the court. (Attachments: # 1 Exhibit A)(Attorney Jeffrey P. Ray added to party U.S. Department of Labor(pty:dft))(Ray, Jeffrey) (Entered: 06/27/2019)
2019-07-115SUGGESTIONS in opposition re 4 MOTION to stay litigation pending disposition by the Eighth Circuit of Appeal No. 19-1743 filed by Mark Everett Parrish on behalf of Plaintiff Ferissa Talley. Reply suggestions due by 7/25/2019 unless otherwise directed by the court. (Attachments: # 1 Exhibit Letter from LM 10-28-2015, # 2 Affidavit Declaration Jack Jordan 7-11-2019)(Related document(s) 4 ) (Attorney Mark Everett Parrish added to party Ferissa Talley(pty:pla))(Parrish, Mark) (Entered: 07/11/2019)
2019-07-246REPLY SUGGESTIONS to motion re 4 MOTION to stay litigation pending disposition by the Eighth Circuit of Appeal No. 19-1743 filed by Jeffrey P. Ray on behalf of Defendant U.S. Department of Labor. (Related document(s) 4 ) (Ray, Jeffrey) (Entered: 07/24/2019)
2019-07-257ORDER granting 4 Defendant's motion to stay litigation. Signed on 7/25/2019 by District Judge Ortrie D. Smith. (Kitsmiller, Julia) (Entered: 07/25/2019)
2019-10-178NOTICE of appearance by Jack Jordan on behalf of Ferissa Talley (Attorney Jack Jordan added to party Ferissa Talley(pty:pla))(Jordan, Jack) (Entered: 10/17/2019)
2019-10-239MOTION to withdraw as attorney filed by Joshua A. Sanders on behalf of All Plaintiffs. Suggestions in opposition/response due by 11/6/2019 unless otherwise directed by the court. (Sanders, Joshua) (Entered: 10/23/2019)
2019-10-2310MOTION for reconsideration re 7 Order on Motion to Stay filed by Jack Jordan on behalf of Ferissa Talley. Suggestions in opposition/response due by 11/6/2019 unless otherwise directed by the court. (Related document(s) 7 ) (Jordan, Jack) (Entered: 10/23/2019)
2019-10-2411ORDER granting 9 Mark Parrish and Joshua Sanders's motion for leave to withdraw as attorneys of record for Plaintiff. Attorneys Mark Everett Parrish and Joshua A. Sanders terminated. Signed on 10/24/2019 by District Judge Ortrie D. Smith. This is a TEXT ONLY ENTRY. No document is attached. (Kitsmiller, Julia) (Entered: 10/24/2019)
2019-10-2412ORDER DENYING WITHOUT PREJUDICE PLAINTIFF'S MOTION TO RECONSIDER AND REVERSE ORDER GRANTING DOL MOTION TO STAY, 10 . Signed on 10/24/19 by District Judge Ortrie D. Smith. (Matthes Mitra, Renea) (Entered: 10/24/2019)
2019-10-2513MOTION for reconsideration re 7 Order on Motion to Stay filed by Jack Jordan on behalf of Ferissa Talley. Suggestions in opposition/response due by 11/8/2019 unless otherwise directed by the court. (Related document(s) 7 ) (Jordan, Jack) (Entered: 10/25/2019)
2019-10-2814ORDER DENYING WITHOUT PREJUDICE PLAINTIFF'S SECOND MOTION TO RECONSIDER AND REVERSE ORDER GRANTING DOL MOTION TO STAY, 13 . Signed on 10/28/19 by District Judge Ortrie D. Smith. (Matthes Mitra, Renea) (Entered: 10/28/2019)
2019-10-2815MOTION for reconsideration re 7 Order on Motion to Stay filed by Jack Jordan on behalf of Ferissa Talley. Suggestions in opposition/response due by 11/12/2019 unless otherwise directed by the court. (Related document(s) 7 ) (Jordan, Jack) (Entered: 10/28/2019)
2019-11-1816ORDER denying 15 Plaintiff's motion for reconsideration. Signed on 11/18/2019 by District Judge Ortrie D. Smith. (Kitsmiller, Julia) (Entered: 11/18/2019)
2019-11-1917MOTION to lift stay , MOTION to disqualify judge Ortrie Smith filed by Jack Jordan on behalf of Ferissa Talley. Suggestions in opposition/response due by 12/3/2019 unless otherwise directed by the court. (Jordan, Jack) (Main Document 17 replaced on 11/19/2019 per counsel's request as original document contained errors) (Jones, Robin). (Entered: 11/19/2019)
2019-12-0318SUGGESTIONS in opposition re 17 MOTION to lift stay MOTION to disqualify judge Ortrie Smith filed by Jeffrey P. Ray on behalf of Defendant U.S. Department of Labor. Reply suggestions due by 12/17/2019 unless otherwise directed by the court. (Related document(s) 17 ) (Ray, Jeffrey) (Entered: 12/03/2019)
2019-12-0620REPLY SUGGESTIONS to motion re 17 MOTION to lift stay MOTION to disqualify judge Ortrie Smith filed by Jack Jordan on behalf of Plaintiff Ferissa Talley. (Related document(s) 17 ) (Jordan, Jack) (Entered: 12/06/2019)
2019-12-0620REPLY SUGGESTIONS to motion re 17 MOTION to lift stay MOTION to disqualify judge Ortrie Smith filed by Jack Jordan on behalf of Plaintiff Ferissa Talley. (Related document(s) 17 ) (Jordan, Jack) (Entered: 12/06/2019)
2019-12-1021RETURN OF SERVICE of complaint executed by Ferissa Talley. U.S. Department of Labor served on 6/26/2019, answer due 8/26/2019. (Attachments: # 1 Exhibit Return Receipt US Attorney 6/28/2019, # 2 Affidavit Affidavit of Service US Attorney General 6/26/2019, # 3 Exhibit Return Receipt US Attorney General 7/5/2019, # 4 Affidavit Affidavit of Service US Solicitor of Labor 6/26/2019, # 5 Affidavit Declaration of Jack Jordan 12/10/2019)(Jordan, Jack) (Entered: 12/10/2019)
2020-01-0822Order entered by Judge Ortrie D. Smith. The Court strikes Talley's "Suggestions Opposing DOL Suggestion for In-Court Conference Requiring Plaintiff's Attendance" (Doc. 19 ) and denies Talley's "Motion to Remedy Judge Smith's Lies and Crimes and Lift the Stay or Disqualify Judge Smith" (Doc. 17 ). Signed on 1/8/20 by District Judge Ortrie D. Smith. (Matthes Mitra, Renea) (Entered: 01/08/2020)
2020-01-0823ORDER entered by Judge Ortrie D. Smith. The Court directs the Clerk of the Court to randomly assign this matter to another Article III judge for the limited purposes of conducting a show cause proceeding and issuing any order resulting therefrom. The undersigned will continue to preside over all other proceedings. The Court is contemplating whether additional action specific to Plaintiff's counsel should be taken. Accordingly, neither Plaintiff nor her counsel shall file a motion or other filing responsive to this Order in this Court. Any effort to do so will result in any such filing being struck and will impact whether additional action is pursued. Instead, Plaintiff and her counsel shall await further instruction from the judge assigned to conduct the show cause proceeding and issue any order resulting therefrom. Signed on 1/8/20 by District Judge Ortrie D. Smith. (Matthes Mitra, Renea) (Entered: 01/08/2020)
2020-01-0824NOTICE OF LIMITED ASSIGNMENT. Per the ORDER entered at Doc. No. 23 , this case is assigned to the Honorable Chief Judge Beth Phillips for the limited purposes of conducting a show cause proceeding and issuing any order resulting therefrom. This is a TEXT ONLY ENTRY. No document is attached. (Moore, Terri) (Entered: 01/08/2020)
2020-01-1325ORDER TO SHOW CAUSE. Ferissa Talley and Jack Jordan are directed to respond to this Order and show cause why they should not be held in contempt or otherwise sanctioned for the statements made in the Filing that are set out in Attachment A to this Order. Their response (or responses, if done separately) should be filed on or before January 27, 2020. Signed on 1/13/20 by Chief District Judge Beth Phillips. (Attachments: # 1 Attachment A) (Cordell, Annette) (Entered: 01/13/2020)
2020-01-1326MOTION to compel Filing of Portions of Powers' email filed by Jack Jordan on behalf of Ferissa Talley. Suggestions in opposition/response due by 1/27/2020 unless otherwise directed by the court. (Attachments: # 1 Exhibit 1 Denial of Plaintiff's FOIA Request, # 2 Affidavit Declaration of Jack Jordan)(Jordan, Jack) (Entered: 01/13/2020)
2020-01-1427ORDER denying 26 the motion to compel is DENIED. Signed on 1/14/20 by Chief District Judge Beth Phillips. (Cordell, Annette) (Entered: 01/14/2020)
2020-01-1428MOTION for reconsideration re 27 Order on Motion to Compel Filing of Portions of Powers' email filed by Jack Jordan on behalf of Ferissa Talley. Suggestions in opposition/response due by 1/28/2020 unless otherwise directed by the court. (Related document(s) 27 ) (Jordan, Jack) (Entered: 01/14/2020)
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