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Case TitleCarson v. U.S. Merit Systems Protection Board
DistrictEastern District of Tennessee
CityKnoxville
Case Number3:2020cv00463
Date Filed2020-11-02
Date Closed2021-07-08
JudgeDistrict Judge Clifton L Corker
PlaintiffJoseph P Carson
Joseph Carson
10953 Twin Harbour Drive
Knoxville, TN 37934
865-300-5831
Case DescriptionJoseph Carson submitted a FOIA request to U.S. Merit Systems Protection Board for records concerning the treatment of his whistleblower complaint. Carson also requested expedited processing. The agency acknowledged receipt of the request but denied Carson's request for expedited processing. After hearing nothing further from the agency, Carson filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantU.S. Merit Systems Protection Board
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-11-021COMPLAINT against U.S. Merit Systems Protection Board (Filing fee $ 400 PAID.), filed by Joseph P Carson. (Attachments: # 1 Other civil cover sheet, # 2 Other Envelope)(ABF) (Entered: 11/03/2020)
2020-11-032Summons Issued as to U.S. Merit Systems Protection Board and returned to Plaintiff by mail for service. (ABF) (Entered: 11/03/2020)
2020-11-033Notice Regarding Requirement to Notify Court of Change of Address (c/m to Joseph P Carson, 10953 Twin Harbour Drive, Knoxville, TN 37934) (ABF) (Entered: 11/03/2020)
2020-11-034Order Governing Depositions. Signed by District Judge Clifton L Corker on 11/3/20. (c/m to Joseph P Carson, 10953 Twin Harbour Drive, Knoxville, TN 37934) (ABF) (Entered: 11/03/2020)
2020-11-035Order Governing Motions To Dismiss. Signed by District Judge Clifton L Corker on 11/3/20. (c/m to Joseph P Carson, 10953 Twin Harbour Drive, Knoxville, TN 37934) (ABF) (Entered: 11/03/2020)
2020-11-036Order Governing Sealing Confidential Information. Signed by District Judge Clifton L Corker on 11/3/20. (c/m to Joseph P Carson, 10953 Twin Harbour Drive, Knoxville, TN 37934) (ABF) (Entered: 11/03/2020)
2020-11-177SUMMONS Returned Executed by Joseph P Carson. U.S. Merit Systems Protection Board served on 11/4/2020. (ABF) (Entered: 11/17/2020)
2020-11-258MOTION for Extension of Time to File Answer by U.S. Merit Systems Protection Board. (Cunningham, Ben) (Entered: 11/25/2020)
2020-11-259ORDER granting 8 Motion for Extension of Time to Answer. Defendant shall have until and including January 25, 2021, to file a responsive pleading. Signed by Magistrate Judge H Bruce Guyton on 11/25/20. (This entry constitutes the complete Order of the Court.) (CWS) (Entered: 11/25/2020)
2020-11-3010MOTION for ECF Access by Joseph P Carson. (ABF) (Entered: 11/30/2020)
2020-12-0111ORDER granting 10 Motion for ECF Access. The Court finds the motion well taken and shall therefore GRANT the motion [Doc. 10]. Plaintiff shall be allowed access to the ECF system, subject to the same terms and conditions that apply to other users. Signed by District Judge Clifton L Corker on 12/01/2020. (Copy of Order mailed to Joseph P. Carson at 10953 Twin Harbour Drive, Knoxville, TN 37934) (AMP) (Entered: 12/01/2020)
2021-01-2012MOTION to Dismiss for Lack of Jurisdiction by U.S. Merit Systems Protection Board. (Cunningham, Ben) (Entered: 01/20/2021)
2021-01-2013MEMORANDUM in Support of Motion re 12 MOTION to Dismiss for Lack of Jurisdiction filed by U.S. Merit Systems Protection Board. (Cunningham, Ben) (Entered: 01/20/2021)
2021-01-2014AFFIDAVIT re 13 Memorandum in Support of Motion by U.S. Merit Systems Protection Board. (Attachments: # 1 Exhibit Exhibit A-Carson Vaughn Index)(Cunningham, Ben) (Entered: 01/20/2021)
2021-01-2115ORDER: The parties are ordered to confer and return the attached form within the time provided.Signed by District Judge Clifton L Corker on 1/21/20. (Attachments: # 1 Other Notice of Consent/Non-Consent) (ABF) (Entered: 01/21/2021)
2021-02-0416Unopposed MOTION for Extension of Time to File Response/Reply as to 12 MOTION to Dismiss for Lack of Jurisdiction by Joseph P Carson. (Carson, Joseph) (Entered: 02/04/2021)
2021-02-0417NOTICE OF NONCONSENT by U.S. Merit Systems Protection Board (Cunningham, Ben) (Entered: 02/04/2021)
2021-02-0518ORDER granting 16 Plaintiff's Unopposed Motion for an Extension of Time. Plaintiff SHALL file his response on or before March 3, 2021. Signed by Magistrate Judge H. Bruce Guyton on 2/5/2021. (This entry constitutes the complete Order of the Court). (AGA) (Entered: 02/05/2021)
2021-02-2619Second MOTION for Extension of Time to File Response/Reply as to 12 MOTION to Dismiss for Lack of Jurisdiction by Joseph P Carson. (Carson, Joseph) (Entered: 02/26/2021)
2021-03-0220RESPONSE to Motion re 19 Second MOTION for Extension of Time to File Response/Reply as to 12 MOTION to Dismiss for Lack of Jurisdiction filed by U.S. Merit Systems Protection Board. (Cunningham, Ben) (Entered: 03/02/2021)
2021-03-0521ORDER denying 19 Motion for Extension of Time to File Response/Reply. Plaintiff's motion for an open-ended extension [Doc. 19] is DENIED. However, the Court will extend the time in which Plaintiff must respond to Defendant's Motion to Dismiss to April 5, 2021. Signed by District Judge Clifton L Corker on 03/05/2021. (Copy of Order mailed to Joseph P Carson at 10953 Twin Harbour Drive, Knoxville, TN 37934) (CAT) (Entered: 03/05/2021)
2021-03-3122MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90, receipt #k3042294.) by Joseph P Carson. (ABF) (Entered: 03/31/2021)
2021-03-31Clerk's Verification of PHV Requirements is complete regarding document: 22 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.) filed by Joseph P Carson (ABF) (Entered: 03/31/2021)
2021-03-3123NOTICE of Appearance by F Douglas Hartnett on behalf of Joseph P Carson (ABF) (Entered: 03/31/2021)
2021-03-3124MOTION for Extension of Time to File Response/Reply as to 12 MOTION to Dismiss for Lack of Jurisdiction by Joseph P Carson. (ABF) (Entered: 03/31/2021)
2021-04-0125ORDER granting 24 Consent Motion to Extend Deadline for Plaintiff's Opposition to Motion to Dismiss. Plaintiff shall file his response on or before May 5, 2021. Signed by Magistrate Judge H. Bruce Guyton on 4/1/2021. (This entry constitutes the complete Order of the Court). (AGA) (Entered: 04/01/2021)
2021-04-0526ORDER granting 22 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf . Signed by Magistrate Judge H. Bruce Guyton on 4/5/2021. (This entry constitutes the complete Order of the Court). (AGA) Modified on 4/6/2021 to indicate c/m to F Douglas Hartnett, Elitok & Hartnett at Laww, PLLC, 1011 - 30th Street, NW #500, Washington, DC 20007 (ABF). (Entered: 04/05/2021)
2021-04-2927Consent MOTION for Extension of Time to File Response/Reply as to 12 MOTION to Dismiss for Lack of Jurisdiction by Joseph P Carson. (Hartnett, F) (Entered: 04/29/2021)
2021-04-3028ORDER granting 27 Consent Motion to Extend Deadline for Plaintiff's Opposition to Motion to Dismiss. Plaintiff SHALL file his opposition on or before May 17, 2021. Signed by Magistrate Judge H. Bruce Guyton on 4/30/2021. (This entry constitutes the complete Order of the Court). (AGA) (Entered: 04/30/2021)
2021-05-1729RESPONSE in Opposition re 12 MOTION to Dismiss for Lack of Jurisdiction Subject Matter filed by Joseph P Carson. (Attachments: # 1 Affidavit for Discovery, # 2 Exhibit, # 3 Exhibit)(Hartnett, F) (Entered: 05/17/2021)
2021-05-2430REPLY to Response to Motion re 12 MOTION to Dismiss for Lack of Jurisdiction filed by U.S. Merit Systems Protection Board. (Cunningham, Ben) (Entered: 05/24/2021)
2021-07-0831ORDER: Defendant U.S. Merit Systems Protection Board ("MSPB") filed a Motion to Dismiss [Doc. 12] and a memorandum [Doc. 13] and affidavit in support [Doc. 14] pursuant to Federal Rule of Civil Procedure 12(b)(1). Plaintiff Joseph Carson responded in opposition [Doc. 29] and Defendant replied [Doc. 30]. This motion is now ripe for resolution. Because Plaintiff has already obtained all the relief he seeks in his complaint, there is no longer a live controversy before this Court. Therefore, the Court lacks subject matter jurisdiction. Defendant's Motion to Dismiss [Doc. 12] is GRANTED, and this case is DISMISSED without prejudice. Signed by District Judge Clifton L Corker on 7/8/2021. (LCK) (Entered: 07/08/2021)
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by FOIA Project Staff
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