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Case TitleKlenk v. National Transportation Safety Board
DistrictMiddle District of Florida
CityFt. Myers
Case Number2:2019cv00568
Date Filed2019-08-12
Date Closed2020-08-11
JudgeJudge John L. Badalamenti
PlaintiffTimothy C. Klenk
Case DescriptionTimothy Klenk submitted a FOIA request to the National Transportation Safety Board for records concerning the results of tests conducted by the University of Southampton on the cockpit voice recorder of TWA 800. The agency acknowledged receipt of the request. The agency withheld records under Exemption 5 (privileges). Klenk then filed suit.
Complaint issues: Litigation - Recovery of Costs

DefendantNational Transportation Safety Board
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-08-121COMPLAINT For Injunctive Relief against National Transportation Safety Board Filing fee $400, receipt number FtM013962 filed by Timothy C. Klenk. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 3-A, # 5 Exhibit 3-B, # 6 Exhibit 3-C, # 7 Exhibit 3-D, # 8 Exhibit 3-E, # 9 Exhibit 3-F, # 10 Exhibit 4, # 11 Civil Cover Sheet)(RMT) (Entered: 08/13/2019)
2019-08-122SUMMONS issued as to National Transportation Safety Board. (RMT) (Entered: 08/13/2019)
2019-08-133STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by All Divisional Judges on 8/13/2019. (MLJ) (Entered: 08/13/2019)
2019-08-264RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 9/9/2019. Signed by Judge Thomas P. Barber on 8/26/2019. (WRW) (Entered: 08/26/2019)
2019-08-265INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 9/9/2019. Signed by All Divisional Judges on 8/26/2019. (WRW) (Entered: 08/26/2019)
2019-09-056NOTICE of pendency of related cases re 4 Related case order and track 2 notice per Local Rule 1.04(d) by Timothy C. Klenk. Related case(s): n. (MLJ) (Entered: 09/05/2019)
2019-10-237MOTION for entry of clerk's default against National Transportation Safety Board by Timothy C. Klenk. (MLJ) Motions referred to Magistrate Judge Nicholas P. Mizell. (Entered: 10/24/2019)
2019-10-258MOTION for default judgment against National Transportation Safety Board by Timothy C. Klenk. (MLJ) Motions referred to Magistrate Judge Nicholas P. Mizell. (Entered: 10/25/2019)
2019-10-299CERTIFICATE of service by Timothy C. Klenk. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(drn) (Entered: 10/29/2019)
2019-12-0210MOTION to Withdraw 7 MOTION for entry of clerk's default against National Transportation Safety Board, 8 MOTION for default judgment against National Transportation Safety Board by Timothy C. Klenk. (Attachments: # 1 Mailing Envelope)(drn) (Entered: 12/02/2019)
2019-12-0211PROOF of service by Timothy C. Klenk (Attachments: # 1 Mailing Envelope)(drn) (Entered: 12/02/2019)
2019-12-1112ENDORSED ORDER granting 10 the Withdrawal of Application for Default and Motion for Default Judgment. Accordingly, the Application to Clerk of Court for Entry of Default 7 and 8 the Motion for Default Judgment are denied as moot. Signed by Magistrate Judge Nicholas P. Mizell on 12/11/2019. (HAP) (Entered: 12/11/2019)
2019-12-3013ANSWER and affirmative defenses to 1 Complaint by National Transportation Safety Board.(Sullivan, David) (Entered: 12/30/2019)
2019-12-3014NOTICE of pendency of related cases re 4 Related case order and track 2 notice per Local Rule 1.04(d) by National Transportation Safety Board. Related case(s): No (Sullivan, David) (Entered: 12/30/2019)
2019-12-3015CERTIFICATE of interested persons and corporate disclosure statement re 5 Interested persons order by National Transportation Safety Board. (Sullivan, David) (Entered: 12/30/2019)
2020-01-2916CERTIFICATE of interested persons and corporate disclosure statement re 5 Interested persons order by Timothy C. Klenk. (MLJ) (Entered: 01/29/2020)
2020-02-0417CASE MANAGEMENT REPORT. (Sullivan, David) (Entered: 02/04/2020)
2020-02-2418CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 4/1/2020, Dispositive motions due by 8/4/2020, Pretrial statement due by 11/6/2020, Plaintiff disclosure of expert report due by 5/1/2020, Defendant disclosure of expert report due by 6/1/2020, Final Pretrial Conference set for 11/20/2020 at 1:30 PM in Ft. Myers Courtroom 6B before Judge Thomas P. Barber. Trial term commencing 12/2020 Ft. Myers Courtroom 6B before Judge Thomas P. Barber. Conduct mediation hearing by 7/15/2020. Lead counsel to coordinate dates. Signed by Judge Thomas P. Barber on 2/24/2020. (SMG) (Entered: 02/24/2020)
2020-06-1619Case Reassigned to John L. Badalamenti. New case number: 2:19-cv-568-FtM-66NPM. Judge Thomas P. Barber no longer assigned to the case. (MLS) (Entered: 06/16/2020)
2020-07-1520Joint MOTION for Miscellaneous Relief, specifically Extend Mediation Deadline by National Transportation Safety Board. (Sullivan, David) Motions referred to Magistrate Judge Nicholas P. Mizell. (Entered: 07/15/2020)
2020-07-1621ENDORSED ORDER granting 20 Joint Motion to Extend Mediation Deadline. The parties will attend mediation, if necessary, within thirty (30) days from the date the dispositive motions are decided. Signed by Magistrate Judge Nicholas P. Mizell on 7/16/2020. (brh) (Entered: 07/16/2020)
2020-08-0322NOTICE OF RESCHEDULING HEARING Final Pretrial Conference REset for 11/20/2020 at 01:30 PM in Ft. Myers Courtroom 6B before Judge John L. Badalamenti (previously set before Judge Barber). Trial term commencing 12/1/2020 Ft. Myers Courtroom 6B before Judge John L. Badalamenti (previously set before Judge Barber). (SMG) (Entered: 08/03/2020)
2020-08-0323STIPULATION of Dismissal by National Transportation Safety Board. (Sullivan, David) (Entered: 08/03/2020)
2020-08-1124ORDER re 23 Stipulation of Voluntary Dismissal. Plaintiff's claims against Defendant are DISMISSED WITH PREJUDICE. The Clerk of Court is DIRECTED to terminate any pending deadlines and close the file. Signed by Judge John L. Badalamenti on 8/11/2020. (SMG) (Entered: 08/11/2020)
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by FOIA Project Staff
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