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Case TitleFoerschler v. Michigan Army National Guard et al
DistrictWestern District of Michigan
CitySouthern Division
Case Number1:2019cv00639
Date Filed2019-08-07
Date ClosedOpen
JudgeJudge Janet T. Neff
PlaintiffDale L. Foerschler
Case DescriptionDale Foerschler submitted a FOIA request under the Michigan FOIA to the Michigan Army National Guard for records concerning communications to or from Jeffrey Laing, in regard to Foreschler, Great Lakes Air Ventures, and Todd Cotter. The agency acknowledged receipt of the request and told Foerschler that he would need to file a federal FOIA request because Laing was a federal employee. The Department of the Air Force acknowledged receipt of Foerschler's request and told him that it would cost $410 to process the request. After hearing nothing further from the agency, Foerschler filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantMichigan Army National Guard
DefendantDepartment of the Army and the Air Force
DefendantDepartment of the Army and the Air Force
TERMINATED: 11/12/2019
DefendantNational Guard Bureau
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
Complaint attachment 16
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-08-071COMPLAINT against Department of the Army and the Air Force, Michigan Army National Guard, National Guard Bureau filed by Dale L Foerschler (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16) (Russell, David) (Entered: 08/07/2019)
2019-08-082NOTICE that this case has been assigned Janet T. Neff ; with NOTICE OF DEFICIENCY re filing fee (mg) (Entered: 08/08/2019)
2019-08-08SUMMONS NOT ISSUED as to defendants Department of the Army and the Air Force, Michigan Army National Guard, National Guard Bureau (none provided; please refer to Federal Rule of Civil Procedure 4(i) regarding service on the United States and Its Agencies, Corporations, Officers, or Employees) (mg) (Entered: 08/08/2019)
2019-08-08FILING FEE PAID re 1 by plaintiff Dale L Foerschler in the amount of $400, receipt number 0646-4502293 (Russell, David) (Entered: 08/08/2019)
2019-08-093PROPOSED SUMMONS to be issued re 1 (Russell, David) (Entered: 08/09/2019)
2019-08-12SUMMONS NOT ISSUED as to defendants Department of the Army and the Air Force, Michigan Army National Guard, National Guard Bureau re 3 (Attorney Russell's office notified that the proposed summonses are incorrect and incomplete) (kw) (Entered: 08/12/2019)
2019-08-134PROPOSED SUMMONS to be issued re 1 (Russell, David) (Entered: 08/13/2019)
2019-08-145PROPOSED SUMMONS to be issued re 1 (Russell, David) (Entered: 08/14/2019)
2019-08-156SUMMONS ISSUED as to defendants Department of the Army and the Air Force, Michigan Army National Guard, National Guard Bureau, U.S. Attorney and U.S. Attorney General (mg) (Entered: 08/15/2019)
2019-08-27(NON-DOCUMENT) ATTORNEY APPEARANCE of Jeanne Frances Long on behalf of defendant National Guard Bureau (Long, Jeanne) Modified text on 9/6/2019 per CM/ECF call (ns). (Entered: 08/27/2019)
2019-09-18(NON-DOCUMENT) ATTORNEY APPEARANCE of Adam Robert de Bear on behalf of defendant Michigan Army National Guard (de Bear, Adam) (Entered: 09/18/2019)
2019-09-207PROPOSED ORDER regarding Stipulated Order Setting the Deadline for Filing of Responsive Pleadings by defendant Michigan Army National Guard (de Bear, Adam) (Entered: 09/20/2019)
2019-09-238ORDER granting stipulated proposed order 7 ; Defendants National Guard Bureau and Michigan Army National Guard shall file responsive pleadings to Plaintiff's complaint on or before 10/21/2019; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw) (Entered: 09/23/2019)
2019-10-159NOTICE OF IMPENDING DISMISSAL as to Defendant Department of the Army and the Air Force; Plaintiff to complete service of process within 90 days after the filing of the complaint or file a verified petition RE: Service of Process by 11/5/2019, or the case as to Defendant Department of the Army and the Air Force will be dismissed; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw) (Entered: 10/15/2019)
2019-10-2110REQUEST for pre-motion conference by defendant National Guard Bureau (Long, Jeanne) (Entered: 10/21/2019)
2019-10-2111MOTION for extension of time to file a responsibve pleading to the complaint by defendant National Guard Bureau; (Attachments: # 1 Proposed Order for Extension of time) (Long, Jeanne) (Entered: 10/21/2019)
2019-10-2112REQUEST for pre-motion conference by defendant Michigan Army National Guard by defendant Michigan Army National Guard; (de Bear, Adam) (Entered: 10/21/2019)
2019-10-2113MOTION for extension of time to File Responsive Pleading by defendant Michigan Army National Guard; (Attachments: # 1 Proposed Order Extending Time) (de Bear, Adam) (Entered: 10/21/2019)
2019-10-2114CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION for extension of time to File Responsive Pleading 13 filed by Michigan Army National Guard (de Bear, Adam) (Entered: 10/21/2019)
2019-10-2115CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION for extension of time to File Responsive Pleading 13 filed by National Guard Bureau (Long, Jeanne) (Entered: 10/21/2019)
2019-10-2216ORDER granting motions for extension of time 11 , 13 ; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw) (Entered: 10/22/2019)
2019-10-2817RESPONSE TO REQUEST for pre-motion conference by defendant Michigan Army National Guard 12 ; filed by Dale L. Foerschler (Collins, Allison) (Entered: 10/28/2019)
2019-10-2818RESPONSE TO REQUEST for pre-motion conference by defendant National Guard Bureau 10 ; filed by Dale L. Foerschler (Collins, Allison) (Entered: 10/28/2019)
2019-11-0219NOTICE that this case is reassigned to Sally J. Berens under Administrative Order No. 19-CA-093 , Magistrate Judge Ellen S. Carmody is no longer assigned to the case (asm) (Entered: 11/04/2019)
2019-11-1220ORDER OF PARTIAL DISMISSAL dismissing without prejudice Defendant Department of the Army and the Air Force; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw) (Entered: 11/12/2019)
2019-11-1221ORDER scheduling a pre-motion conference regarding document numbers 10 , 12 : pre-motion conference is set for 1/10/2020 at 01:30 PM at 401 Federal Building, Grand Rapids, MI before Judge Janet T. Neff; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw) (Entered: 11/12/2019)
2020-01-0722STIPULATION of dismissal without prejudice by defendant National Guard Bureau (Long, Jeanne) (Entered: 01/07/2020)
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by FOIA Project Staff
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