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Case TitleQueern v. The United States
DistrictEastern District of North Carolina
CityWestern Division
Case Number5:2020cv00363
Date Filed2020-07-09
Date ClosedOpen
JudgeChief Judge Richard E. Myers, II
PlaintiffJacob Queern
Case DescriptionJacob Queern submitted FOIA requests to the Defense Logistics Agency and the Small Business Administration. The agencies withheld records under Exemption 5 (privileges). Queern then filed suit.
Complaint issues: FOIA not mentioned

DefendantThe United States
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Opinion/Order [22]
Opinion/Order [23]
Opinion/Order [30]
Opinion/Order [35]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-07-091MOTION for Leave to Proceed in forma pauperis, filed by Jacob Queern. (Attachments: # 1 Proposed Complaint, # 2 Motion for Leave Pursuant to Local Civil Rule 5.1(f), # 3 Notice of Unrelated Cases, # 4 Blank Report of the Parties Planning Meeting, # 5 Civil Cover Sheet, # 6 Certificate of Service, # 7 Envelope) (Rudd, D.) (Entered: 07/10/2020)
2020-07-092Notice of Self-Representation filed by Jacob Queern. (Rudd, D.) (Entered: 07/10/2020)
2020-07-093Financial Disclosure Statement filed by Jacob Queern. (Rudd, D.) (Entered: 07/10/2020)
2020-07-14Motion Referred to United States Magistrate Judge Robert T. Numbers, II regarding 1 MOTION for Leave to Proceed in forma pauperis. (Waddell, K.) (Entered: 07/14/2020)
2020-07-144ORDER: Plaintiff is DIRECTED to correct the deficiencies listed above and return the corrected documents within fourteen (14) days from the filing of this order. The Clerk is DIRECTED to provide all the necessary forms regarding the deficiencies above to Plaintiff for completion. Signed by Magistrate Judge Robert T. Numbers, II on 7/14/2020. (copy of Order and summons forms sent to Jacob Queern, 7761 NC Hwy 87 S, Fayetteville, NC 28306 via US Mail.) (Waddell, K.) (Entered: 07/14/2020)
2020-07-15Notice of Pro Se E-Noticing - Pro se party has consented to receiving electronic service of all motions, notices, orders, and documents in civil cases in the Eastern District of North Carolina. All documents filed in CM-ECF will be served on this party via email pursuant to Rule 5 of the Federal Rules of Civil Procedure and Local Civil Rule 5.1. (Waddell, K.) (Entered: 07/15/2020)
2020-07-285Document: Proposed Summons as to the Office of the U.S. Attorney filed by Jacob Queern. (Attachments: # 1 Envelope, # 2 Photocopy of Summonses and Envelope) (Waddell, K.) (Entered: 07/28/2020)
2020-07-286Document: Proposed Summons as to the U.S. Attorney General filed by Jacob Queern. (Attachments: # 1 Envelope, # 2 Photocopy of Summonses and Envelope) (Waddell, K.) (Entered: 07/28/2020)
2020-09-047ORDER regarding 1 MOTION for Leave to Proceed in forma pauperis filed by Jacob Queern. The Plaintiff must complete the financial affidavit and file it with the court within 14 days from the date of this order. The Clerk of Court shall provide Queern with a blank affidavit for him to complete and submit. If Queern does not submit a financial affidavit, the court may deny his motion without further notice. Signed by Magistrate Judge Robert T. Numbers, II on 9/4/2020. Copy sent to Jacob Queern, 7761 NC Hwy 87 S, Fayetteville, NC 28306 via US Mail along with the blank form. (Edwards, S.) (Entered: 09/04/2020)
2020-09-178AMENDED MOTION for Leave to Proceed in forma pauperis filed by Jacob Queern. (Attachments: # 1 Photocopy of Contents, # 2 Envelope) (Waddell, K.)(Waddell, K.). (Entered: 09/17/2020)
2020-09-17Motion Referred to US Magistrate Judge Robert T. Numbers, II regarding 8 AMENDED MOTION for Leave to Proceed in forma pauperis. (Waddell, K.) (Entered: 09/17/2020)
2020-10-199ORDER AND MEMORANDUM AND RECOMMENDATION regarding 1 MOTION for Leave to Proceed in forma pauperis filed by Jacob Queern and 8 Amended MOTION for Leave to Proceed in forma pauperis filed by Jacob Queern. The court grants Plaintiff's IFP motion (D.E. 1, 8) and allows his FOIA claim to proceed. The undersigned recommends that the district court dismiss his bid protest claim based on a lack of subject matter jurisdiction. Objections to Memorandum and Recommendations due by 11/2/2020. If the time to file an objection passes without an objection being filed, the Clerk of Court must issue the summonses Plaintiff submitted. If an objection is filed, the Clerk of Court must not issue the summonses until the objection a district judge rules on his objection. Signed by Magistrate Judge Robert T. Numbers, II on 10/16/2020. (Waddell, K.) (Entered: 10/19/2020)
2020-10-1910COMPLAINT against The United States, filed by Jacob Queern. (Waddell, K.) (Entered: 10/19/2020)
2020-11-0311OBJECTION to 9 Memorandum and Recommendations by Jacob Queern. (Attachments: # 1 Envelope 1, # 2 Envelope 2, # 3 Envelope 3, # 4 Envelope 4) (Waddell, K.) (Entered: 11/03/2020)
2020-11-0312APPENDIX of Exhibits regarding 11 , filed by Jacob Queern. (Attachments: # 1 Exhibit 1-NEF regarding USDC-EDVA Case 2:19-CV-485-RBS-LRL, # 2 Exhibit 2 - D.E. 45 regarding USDC-EDVA Case 2:19-CV-485-RBS-LRL, # 3 Exhibit 3 -DLA Cover Letter, # 4 Exhibit 4 - Document Properties Page, # 5 Exhibit 5 -Email to DLA Commander, # 6 Exhibit 6 -Plaintiff's Note on 12/10/2018 Phone Conversation, # 7 Exhibit 7 - Email to DLA DIGI, # 8 Exhibit 8 - Email to DLA Senior Counsel, # 9 Exhibit 9 - Responsive Records, # 10 Exhibit 10 - Claim for Damages, # 11 Exhibit 11 - Purchase Request Numbers of Solicitations, # 12 Exhibit 12 - Closed FOIA Requests, # 13 Exhibit 13 - Overdue FOIA Requests, # 14 Exhibit 14 - Under Agency Review FOIA Requests, # 15 Exhibit 15 - Email to FBI) (Waddell, K.) (Entered: 11/03/2020)
2020-11-0313APPENDIX of Exhibits (continued from DE-12) regarding 11 , filed by Jacob Queern. (Attachments: # 1 Exhibit 16 - Background Origins, # 2 Exhibit 17 - FOIA Request SBA-2018-899, # 3 Exhibit 18 - Email to GOA, # 4 Exhibit 19 - Decision Letter, # 5 Exhibit 20 - Email of Protest to GOA, # 6 Exhibit 21 - Email from DLA Senior Counsel, # 7 Exhibit 22 - Request for Dismissal, # 8 Exhibit 23 - Email from GOA Senior Attorney, # 9 Exhibit 24 - Privacy Act Form (VA-02) Submitted 5/30/2018, # 10 Exhibit 25 - Response to VA-02, # 11 Exhibit 26 - Email from SBA Administrator, # 12 Exhibit 27 - Miscellaneous Documents Served on Defendant(s), # 13 Exhibit 28 - Response to Second Congressional Office of VA, # 14 Exhibit 29 - House Ethic Rules, # 15 Exhibit 30 - Recommendation for Senatorial Public Recognition of Courage, # 16 Exhibit 31 - Notice from DOJ Internal Affairs) (Waddell, K.) (Entered: 11/03/2020)
2020-11-03Document Submitted to District Judge Richard E. Myers II: 11 Objection to 9 Memorandum and Recommendation. (Waddell, K.) (Entered: 11/03/2020)
2020-11-03Motion Submitted to District Judge Richard E. Myers II regarding 9 MEMORANDUM AND RECOMMENDATIONS regarding 1 MOTION for Leave to Proceed in forma pauperis filed by Jacob Queern, 8 MOTION for Leave to Proceed in forma pauperis filed by Jacob Queern. (Edwards, S.) (Entered: 11/05/2020)
2020-11-1314MOTION for Extension of Time to File Objection to 9 MEMORANDUM AND RECOMMENDATION, filed by Jacob Queern. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1, # 3 Envelope) (Waddell, K.) (Entered: 11/13/2020)
2020-11-13Motion Submitted to District Judge Richard E. Myers II regarding 14 MOTION for Extension of Time to File Objection to 9 MEMORANDUM AND RECOMMENDATION, filed by Jacob Queern. (Waddell, K.) (Entered: 11/13/2020)
2020-11-1615ORDER granting 14 Motion for Extension of Time to File Objection. The Court accepts as timely the Plaintiff's objection, filed November 3, 2020. Signed by District Judge Richard E. Myers II on 11/16/2020. (Edwards, S.) (Entered: 11/16/2020)
2020-11-1716OBJECTION, filed by Jacob Queern. (Attachments: # 1 Exhibit) (Waddell, K.) (Entered: 11/17/2020)
2020-11-17Document Submitted: 16 Objection submitted to District Judge Richard E. Myers II. (Waddell, K.) (Entered: 11/17/2020)
2020-11-3017OBJECTION to 15 Order, filed by Jacob Queern. (Attachments: # 1 Exhibit 1 - USPS Delivery Confirmation, # 2 Exhibit 2 - Email 5.30.2018, # 3 Exhibit 3 - Letter 6.4.2018, # 4 Exhibit 4 - Letter 6.14.2018, # 5 Exhibit 5 - Letter 7.13.2018, # 6 Exhibit 6 - Letter 7.6.2018, # 7 Exhibit 7 - Email (annotated) 4.23.2018, # 8 Exhibit 8 -Email 5.1.2018, # 9 Exhibit 9 - Email 5.8.2018, # 10 Exhibit 10 - 5:20-cv-363-M Docket Sheet 11.28.2020, # 11 Exhibit 11 - Tracking Log, # 12 Exhibit 12 - SBA-2018-001098 Request Details, # 13 Exhibit 13 - Email 10.4.2018, # 14 Exhibit 14 - Email 6.5.2019, # 15 Exhibit 15 - Email 2.28.2020, # 16 Exhibit 16 - Email 4.17.2020, # 17 Envelope) (Waddell, K.) (Entered: 11/30/2020)
2020-11-30Document Submitted: 17 Objection submitted to District Judge Richard E. Myers II. (Waddell, K.) (Entered: 11/30/2020)
2020-12-0118OBJECTION filed by Jacob Queern. (Attachments: # 1 Exhibit 1 - Inquiry 7.10.2018, # 2 Envelope) (Waddell, K.) (Entered: 12/01/2020)
2020-12-01Document Submitted: 18 Objection submitted to District Judge Richard E. Myers II. (Waddell, K.) (Entered: 12/01/2020)
2020-12-1519MOTION for Expedited Consideration, filed by Jacob Queern. (Attachments: # 1 Envelope) (Waddell, K.) (Entered: 12/15/2020)
2020-12-1520MOTION [pursuant to] 28 U.S.C. 1915(e)(1), 5 U.S.C. 504, 28 U.S.C. 2412, filed by Jacob Queern. (Attachments: # 1 Exhibit 1 - document dated 4/15/1992, # 2 Exhibit 2 - Response to Agency Protest 0069658283 T-8584 V-4494, # 3 Exhibit 3 - Response to Agency Protest 007190623 7 T-4409 V-5441, # 4 Exhibit 4 - Response to Agency Protest 0073553997 T-8181 V-4835, # 5 Envelope) (Waddell, K.) Modified on 12/16/2020 to correct document description in the docket text (Waddell, K.). (Entered: 12/15/2020)
2020-12-15Motions Submitted to District Judge Richard E. Myers II regarding 19 MOTION for Expedited Consideration and 20 MOTION for Expedited Consideration. (Waddell, K.) (Entered: 12/15/2020)
2020-12-1721ORDER regarding 16 Objection to Memorandum and Recommendation 17 Objection, and 18 Objection. The Court reminds the Plaintiff that any future filings failing to comply with the applicable federal and local rules may be stricken or denied. Signed by District Judge Richard E. Myers II on 12/17/2020. (Waddell, K.) (Entered: 12/17/2020)
2020-12-1722ORDER denying 19 Motion for Expedited Consideration; denying 20 Motion [pursuant to] 28 U.S.C. 1915(e)(1), 5 U.S.C. 504, 28 U.S.C. 2412;. Signed by District Judge Richard E. Myers II on 12/17/2020. (Waddell, K.) (Entered: 12/17/2020)
2021-03-0323ORDER: The Memorandum and Recommendation at 9 is ACCEPTED IN PART AND REJECTED IN PART as set forth herein, and the Plaintiff's purported NDAA claim is DISMISSED WITHOUT PREJUDICE. The court will permit Plaintiff to file an Amended Complaint asserting these (and his original FOIA) claims on or before March 31, 2021. If Plaintiff fails to comply with this deadline, the court will proceed in the action on the Plaintiff's original FOIA claims as stated in the operative Complaint. Signed by Chief US District Judge Richard E. Myers II on 3/3/2021. (Waddell, K.) (Entered: 03/03/2021)
2021-04-0124Summons Issued as to the U.S. Attorney and U.S. Attorney General. *NOTICE: Plaintiff shall print the attached summonses and serve with other case opening documents in accordance with Fed.R.Civ.P.4.* (Waddell, K.) (Entered: 04/01/2021)
2021-04-0625"Motion to Join [David Wickersham and Elaine Luria] as Defendants in their Individual Capacity" filed by Jacob Queern. (Attachments: # 1 Table of Contents) (Waddell, K.) (Entered: 04/06/2021)
2021-04-0626"Motion for Amended or Additional Findings" regarding 23 Order, filed by Jacob Queern. (Waddell, K.) (Additional attachment(s) added on 4/6/2021: # 1 Table of Contents) (Waddell, K.). (Entered: 04/06/2021)
2021-04-0627"Motion for Expedited Consideration" regarding 25 "Motion to Join [David Wickersham and Elaine Luria] as Defendants in their Individual Capacity" and 26 "Motion for Amended or Additional Findings" filed by Jacob Queern. (Waddell, K.) (Entered: 04/06/2021)
2021-04-0628AMENDED COMPLAINT against The United States, filed by Jacob Queern. (Attachments: # 1 Exhibit 1 - Case History for Case No. CR19002398-00, # 2 Exhibit 2 - Email 7/20/2020, # 3 Exhibit 3 - Letter 7/20/2020, # 4 Exhibit 4 - DOD Complaint 7/17/2019) (Waddell, K.) (Entered: 04/06/2021)
2021-04-06Motions Submitted to Chief US District Judge Richard E. Myers II regarding 25 "Motion to Join [David Wickersham and Elaine Luria] as Defendants in their Individual Capacity," 26 "Motion for Amended or Additional Findings," and 27 "Motion for Expedited Consideration." (Waddell, K.) (Entered: 04/06/2021)
2021-04-0929Certificate of Service, filed by Jacob Queern regarding 25 "Motion to Join [David Wickersham and Elaine Luria] as Defendants in their Individual Capacity"; 26 "Motion for Amended or Additional Findings"; 27 "Motion for Expedited Consideration"; and 28 Amended Complaint. (Waddell, K.) (Entered: 04/09/2021)
2021-04-0930ORDER denying 25 Motion to Join [David Wickersham and Elaine Luria] as Defendants in their Individual Capacity; denying 26 Motion for Amended or Additional Findings; denying 27 Motion for Expedited Consideration. The court will permit the Plaintiff to file a Second Amended Complaint, if he so chooses, on or before April 23, 2021. If Plaintiff fails to comply with this deadline, the court will proceed in the action on the Plaintiff's Amended Complaint (DE 28). Plaintiff is reminded to the read the order in its entirety for other critical information. Signed by Chief US District Judge Richard E. Myers II on 4/9/2021. (Waddell, K.) (Entered: 04/09/2021)
2021-04-1631MOTION for Expedited Consideration regarding 30 Order, filed by Jacob Queern. (Waddell, K.) (Additional attachment(s) added on 4/16/2021: # 1 Envelope) (Waddell, K.). (Entered: 04/16/2021)
2021-04-1632MOTION for Expedited Consideration regarding 23 Order on Memorandum and Recommendation, filed by Jacob Queern. (Attachments: # 1 Envelope) (Waddell, K.) (Additional attachment(s) added on 4/16/2021: # 2 Envelope) (Waddell, K.). (Entered: 04/16/2021)
2021-04-19Motions Submitted to Chief US District Judge Richard E. Myers II regarding 31 MOTION for Expedited Consideration regarding 30 Order and 32 MOTION for Expedited Consideration regarding 23 Order. (Waddell, K.) (Entered: 04/19/2021)
2021-07-2133Notice to Plaintiff of Failure to Make Service within 90 Days regarding Defendant: The United States. (Waddell, K.) (Entered: 07/21/2021)
2021-08-0934MOTION to Alter or Amend Judgment regarding 33 Notice to Plaintiff and for Relief from a Final Judgment, Order, or Proceeding, filed by Jacob Queern. (Attachments: # 1 Table of Contents, # 2 Appendix, # 3 Attachment 1) (Waddell, K.) (Entered: 08/10/2021)
2021-08-10Motion Submitted to Chief US District Judge Richard E. Myers II regarding 34 MOTION to Alter or Amend Judgment regarding 33 Notice to Plaintiff and for Relief from a Final Judgment, Order, or Proceeding. (Waddell, K.) (Entered: 08/10/2021)
2021-08-1235ORDER denying 31 Motion for Expedited Consideration regarding 30 Order; granting in part and denying in part 32 Motion for Expedited Consideration regarding 23 Order on Memorandum and Recommendation; denying as moot 34 Motion to Alter or Amend Judgment regarding 33 Notice to Plaintiff and for Relief from a Final Judgment, Order, or Proceeding. The court will permit the Plaintiff to file, on or before September 10, 2021, a Second Amended Complaint as directed herein. The ninety-day period for service required by Rule4(m) of the Federal Rules of Civil Procedure will commence upon the filing of the Second Amended Complaint on or before September 10, 2021 or, if no such pleading is filed, the court will extend the time for service to September 30, 2021 based on the filing of the Amended Complaint (DE 28). Signed by Chief US District Judge Richard E. Myers II on 8/12/2021. Plaintiff is reminded to read the order in its entirety for other critical information and deadlines. (Waddell, K.) (Entered: 08/12/2021)
2021-09-1436MOTION for "Vindication of Petitioner's First Amendment Rights" filed by Jacob Queern. (Attachments: # 1 Envelope) (Waddell, K.) (Entered: 09/14/2021)
2021-09-14Remark - Filed-stamped copies of 24 Summonses and 28 Amended Complaint forwarded to U.S. Marshal for service, along with USM-285 forms. (Waddell, K.) (Entered: 09/14/2021)
2021-09-14Motion Submitted to Chief US District Judge Richard E. Myers II regarding 36 MOTION for "Vindication of Petitioner's First Amendment Rights". (Waddell, K.) (Entered: 09/14/2021)
2021-09-2937MOTION to Stay Execution of Judgment or Any Proceedings to Enforce Judgment regarding 36 MOTION for "Vindication of Petitioner's First Amendment Rights", filed by Jacob Queern. (Attachments: # 1 Table of Contents, # 2 Envelope) (Waddell, K.) (Entered: 09/29/2021)
2021-09-29Motion Submitted to Chief Judge Richard E. Myers II: 37 MOTION to Stay Execution of Judgment or Any Proceedings to Enforce Judgment regarding 36 MOTION for "Vindication of Petitioner's First Amendment Rights". (Waddell, K.) (Entered: 09/29/2021)
2021-10-1438MOTION for Jury Trial, filed by Jacob Queern. (Attachments: # 1 Table of Contents, # 2 Instructions to the Clerk of Court, # 3 Appendix 1(a) - Direct Evidence of Agreement, # 4 Appendix 1(b) - Direct Evidence of the Agreement, # 5 Appendix 2 - Direct Evidence of a Pattern of Rackeeting Activity, # 6 Envelope) (Waddell, K.) (Entered: 10/14/2021)
2021-10-14Motion Submitted to Chief US District Judge Richard E. Myers II regarding 38 MOTION Jury Trial. (Waddell, K.) (Entered: 10/14/2021)
2021-10-2039Process Receipt and Return - US Attorney served on 10/4/2021, answer due 12/3/2021. (Waddell, K.) (Entered: 10/21/2021)
2021-10-2240Process Receipt and Return - US Attorney General served on 10/4/2021. (Waddell, K.) (Entered: 10/22/2021)
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