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Case TitleLuthmann v. The Federal Bureau of Investigation
DistrictMiddle District of Florida
CityFt. Myers
Case Number2:2021cv00716
Date Filed2021-09-24
Date ClosedOpen
JudgeJudge John E. Steele
PlaintiffRichard Luthmann
Case DescriptionRichard Luthman submitted a FOIA request to the FBI for records concerning himself. The FBI acknowledged receipt of the request. The FBI denied Luthman's request under Exemption 7(A) (interference with ongoing investigation or proceeding). Luthman filed an administrative appeal. After hearing nothing further from the agency, Luthman filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Recovery of Costs

DefendantThe Federal Bureau of Investigation
DefendantUnited States Department of Justice
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-09-241COMPLAINT for Declaratory and Injunctive Relief against The Federal Bureau of Investigation filed by Richard Luthmann. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Civil Cover Sheet)(jmc) (Additional attachment(s) added on 9/28/2021: # 10 Mailing Envelope) (jmc). (Entered: 09/27/2021)
2021-09-242MOTION to Proceed In Forma Pauperis / Affidavit of Indigency by Richard Luthmann. (jmc) Motions referred to Magistrate Judge Nicholas P. Mizell. (Entered: 09/27/2021)
2021-09-243DECLARATION in support of 2 MOTION to Proceed In Forma Pauperis by Richard Luthmann. (Attachments: # 1 Exhibit A)(jmc) (Entered: 09/27/2021)
2021-09-244PROPOSED summons to be issued by Richard Luthmann. (jmc) (Entered: 09/27/2021)
2021-09-285CIVIL Action Order, Signed by All Divisional Judges on 9/28/2021. (jmc) (Entered: 09/28/2021)
2021-09-286NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (jmc) (Entered: 09/28/2021)
2021-10-017ORDER granting 2 Motion to Proceed In Forma Pauperis. See Order for details. Signed by Magistrate Judge Nicholas P. Mizell on 10/1/2021. (SM) (Entered: 10/01/2021)
2021-10-158DECLARATION of MAILING by Richard Luthmann. (jmc) (Additional attachment(s) added on 10/19/2021: # 1 Mailing Envelope) (jmc). (Entered: 10/19/2021)
2021-10-159SUMMONS issued as to The Federal Bureau of Investigation by Richard Luthmann. (jmc) (Entered: 10/19/2021)
2022-01-1010ORDER directing the United States Marshal is directed to expeditiously effect service of process and file proof same no later than January 31, 2022. The Clerk will send copies as directed. See Order for details. Signed by Magistrate Judge Nicholas P. Mizell on 1/10/2022. (SM) (Entered: 01/10/2022)
2022-01-1911Motion for Miscellaneous Relief, specifically for NOTICE of inquiry by Richard Luthmann (Attachments: # 1 Mailing Envelope)(jmc) Modified on 1/19/2022 to change to a motion per lc/sm (jmc). (Entered: 01/19/2022)
2022-01-2012ORDER denying as moot 11 letter request by Plaintiff. See order for details. Signed by Magistrate Judge Nicholas P. Mizell on 1/20/2022. (SM) (Entered: 01/20/2022)
2022-01-2113PROOF of service / USM Form by Richard Luthmann as to The Federal Bureau of Investigation served by US Mail (Completed by USM / Tracking Number 7020 0640 0000 5876 1163.) (SPB) (Entered: 01/25/2022)
2022-01-2514LETTER / NOTICE of Process Receipt and Return by Richard Luthmann (Attachments: # 1 Envelope from USDOJ, # 2 Return, # 3 Mailing Envelope)(jmc) Modified on 1/26/2022, to add docket text. (SPB). (Entered: 01/25/2022)
2022-01-2515USM-285 RETURN of service executed on 10/29/2021 by Richard Luthmann as to The Federal Bureau of Investigation. (jmc) (Entered: 01/25/2022)
2022-02-0116USM-285 RETURN of service executed on 01/26/2022 by Richard Luthmann as to United States Attorneys Office.(JK) (Entered: 02/03/2022)
2022-02-0717PROOF of service / USM Form by Richard Luthmann as to United States Attorney General served by US Mail (Completed by USM / Tracking Number 70200640000058779380.) (SPB) (Entered: 02/07/2022)
2022-02-2518ANSWER to 1 Complaint for Declaratory and Injunctive Relief by The Federal Bureau of Investigation.(Spraker, Chad) (Entered: 02/25/2022)
2022-02-2819NOTICE of hearing: Preliminary Pretrial Conference set for 4/26/2022 at 10:30 AM in Ft. Myers Courtroom 4 E before Magistrate Judge Nicholas P. Mizell. Parties shall file a Case Management Report by 4/7/2022. (WRW) (Entered: 02/28/2022)
2022-03-1120NOTICE of Lead Counsel Designation by Chad C. Spraker on behalf of The Federal Bureau of Investigation. Lead Counsel: Chad C. Spraker. (Spraker, Chad) (Entered: 03/11/2022)
2022-03-1121NOTICE of a related action per Local Rule 1.07(c) by The Federal Bureau of Investigation. Related case(s): Yes (Spraker, Chad) (Entered: 03/11/2022)
2022-03-1122CERTIFICATE of interested persons and corporate disclosure statement by The Federal Bureau of Investigation. (Spraker, Chad) (Entered: 03/11/2022)
2022-04-0723CASE MANAGEMENT REPORT. (Attachments: # 1 Exhibit 1)(Spraker, Chad) (Entered: 04/07/2022)
2022-04-0824CERTIFICATE of interested persons and corporate disclosure statement by Richard Luthmann. (Attachments: # 1 Mailing Envelope)(JK) (Entered: 04/11/2022)
2022-04-0825NOTICE of a related action per Local Rule 1.07(c) by Richard Luthmann. Related case(s): Yes (Attachments: # 1 Main Document)(JK) (Entered: 04/11/2022)
2022-04-2626Minute Entry. In Person Proceedings held before Magistrate Judge Nicholas P. Mizell: PRELIMINARY PRETRIAL CONFERENCE held on 4/26/2022. (DIGITAL) (WRW) (Entered: 04/26/2022)
2022-04-2727FOIA CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 6/3/2022, Completion of FOIA Rolling Review 4/28/2023, Vaughn Index and Dispositive Motions 6/16/2023, Pretrial statement due by 1/12/2024, All other motions due by 1/8/2024, Final Pretrial Conference set for 1/26/2024 at 09:30 AM before Judge John E. Steele, Bench Trial term 2/5/2024 before Judge John E. Steele. Signed by Magistrate Judge Nicholas P. Mizell on 4/27/2022. (WRW) (Entered: 04/27/2022)
2022-05-2329MOTION to Amend 1 Complaint by Richard Luthmann. (Attachments: # 1 Declaration, # 2 Proposed First Amended Complaint w/ Exhibits, # 3 Certificate of Service)(SPB) Motions referred to Magistrate Judge Nicholas P. Mizell. (Additional attachment(s) added on 5/25/2022: # 4 Mailing Envelope) (SPB). (Entered: 05/25/2022)
2022-06-0330Unopposed MOTION for Extension of Time to File Response/Reply as to 29 MOTION to Amend 1 Complaint by The Federal Bureau of Investigation. (Spraker, Chad) Motions referred to Magistrate Judge Nicholas P. Mizell. (Entered: 06/03/2022)
2022-06-0331ENDORSED ORDER granting 30 defendant's unopposed motion for an extension of time to file a response. By June 10, 2022, defendant will respond to plaintiff's motion to amend complaint (Doc. 29 ). Signed by Magistrate Judge Nicholas P. Mizell on 6/3/2022. (SM) (Entered: 06/03/2022)
2022-06-1032RESPONSE to Motion re 29 MOTION to Amend 1 Complaint and Waive FOIA fees filed by The Federal Bureau of Investigation. (Attachments: # 1 Exhibit Indictment, # 2 Exhibit U.S. Sentencing Letter, # 3 Exhibit Judgment, # 4 Exhibit Seidel Decl.)(Spraker, Chad) (Entered: 06/10/2022)
2022-06-1733ORDER granting in part and denying in part 29 plaintiff's construed motion for leave to amend the complaint and for waiver of fees. The Clerk of Court is directed to file the amended complaint (Doc. 29-2, pp. 2-10) and the exhibits as separate attachments. See order for details. Signed by Magistrate Judge Nicholas P. Mizell on 6/17/2022. (SM) (Entered: 06/17/2022)
2022-06-1734AMENDED COMPLAINT against The Federal Bureau of Investigation, United States Department of Justice filed by Richard Luthmann. Related document: 1 Complaint, filed by Richard Luthmann. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(SPB) (Entered: 06/21/2022)
2022-06-3035PROPOSED summons to be issued per 33 Order by Richard Luthmann. (Attachments: # 1 Mailing Envelope)(JK) (Entered: 06/30/2022)
2022-06-3036SUMMONS issued as to United States Department of Justice. (JK) (Entered: 06/30/2022)
2022-07-0537ANSWER to 34 Amended Complaint, by The Federal Bureau of Investigation.(Spraker, Chad) (Entered: 07/05/2022)
2022-08-0138USM -285 / PROOF of service as to The United States Department of Justice served by U.S. Mail on 7/18/2022 by Richard Luthmann. (SPB) (Entered: 08/03/2022)
2022-10-3139NOTICE of hearing: Status Conference set for 11/8/2022 at 11:00 AM in Ft. Myers Courtroom 5 C before Magistrate Judge Nicholas P. Mizell (WRW) (Entered: 10/31/2022)
2022-11-0140NOTICE of Appearance by Kevin Huguelet on behalf of United States Department of Justice (Huguelet, Kevin) (Entered: 11/01/2022)
2022-11-0941Minute Entry. In Person Proceedings held before Magistrate Judge Nicholas P. Mizell: STATUS CONFERENCE held on 11/8/2022. (WRW) (Entered: 11/09/2022)
2023-03-1442Motion for Status Conference by All Defendants. (Attachments: # 1 Exhibit FOIA Production Cover Letters)(Spraker, Chad) Motions referred to Magistrate Judge Nicholas P. Mizell. (Entered: 03/14/2023)
2023-03-1444MOTION for Extension of Time to Pay the defendants for their document production by Richard Luthmann. (Attachments: # 1 Certificate of Service)(SMG) Motions referred to Magistrate Judge Nicholas P. Mizell. (Entered: 03/16/2023)
2023-03-1445DECLARATION in support re 44 Motion for Extension of Time to Pay filed by Richard Luthmann. (Attachments: # 1 Exhibit A - Letter dated 3/2/2023, # 2 Exhibit B - Email to Kevin Huguelet dated 3/14/2023)(SMG) (Entered: 03/16/2023)
2023-03-1543NOTICE of Payment by Richard Luthmann. (SEH) (Entered: 03/15/2023)
2023-03-1746ENDORSED ORDER: Plaintiff has filed a notice of payment (Doc. 43 ), which presumably moots the government's motion for status conference (Doc. 42 ) and plaintiff's motion for extension of time to pay the government (Doc. 44 ). And given plaintiff has apparently paid the government, the court presumes the government has resumed production of FOIA documents. As such, these motions are denied as moot. The parties may otherwise renew their motions or seek other relief if necessary. Signed by Magistrate Judge Nicholas P. Mizell on 3/17/2023. (JMM) (Entered: 03/17/2023)
2023-05-1647Unopposed MOTION for Extension of Time to File Summary Judgment/Vaughn Index by All Defendants. (Huguelet, Kevin) Motions referred to Magistrate Judge Nicholas P. Mizell. (Entered: 05/16/2023)
2023-05-1948ENDORSED ORDER granting 47 defendants' unopposed motion to amend the scheduling order. The court will enter an amended FOIA case management and scheduling order separately. Signed by Magistrate Judge Nicholas P. Mizell on 5/19/2023. (JMM) (Entered: 05/19/2023)
2023-05-2249AMENDED FOIA CASE MANAGEMENT AND SCHEDULING ORDER: Dispositive motions due by 9/13/2024 Pretrial statement due by 3/15/2024 Final Pretrial Conference set for 3/29/2024 at 09:30 AM before Judge John E. Steele Jury Trial term 4/1/2024 at 09:00 AM before Judge John E. Steele Signed by Magistrate Judge Nicholas P. Mizell on 5/22/2023. (WRW) (Entered: 05/22/2023)
2023-05-2250SECOND AMENDED FOIA CASE MANAGEMENT AND SCHEDULING ORDER: Vaughn Index and Dispositive motions due by 9/14/2023, Pretrial statement due by 3/15/2024, All other motions due by 3/11/2024, Final Pretrial Conference set for 3/29/2024 at 09:30 AM before Judge John E. Steele, Jury Trial term 4/1/2024 at 09:00 AM before Judge John E. Steele Signed by Magistrate Judge Nicholas P. Mizell on 5/22/2023. (WRW) (Entered: 05/22/2023)
2023-08-04Set/reset deadlines/hearings: Bench Trial set for 4/1/2024 at 09:00 AM in Ft. Myers Courtroom 6 A before Judge John E. Steele. (WRW) (Entered: 08/04/2023)
2023-08-0451MOTION for Disclosure, Further Assurances, and a New Briefing Schedule by Richard Luthmann. (Attachments: # 1 Exhibit)(JK) Motions referred to Magistrate Judge Nicholas P. Mizell. (Entered: 08/07/2023)
2023-08-0752RESPONSE in Opposition re 51 MOTION for Disclosure filed by The Federal Bureau of Investigation, United States Department of Justice. (Huguelet, Kevin) (Entered: 08/07/2023)
2023-08-0953ORDER denying 51 plaintiff's motion to amend the scheduling order. See order for details. Signed by Magistrate Judge Nicholas P. Mizell on 8/9/2023. (JMM) (Entered: 08/09/2023)
2023-08-1654MOTION to Amend 50 Case Management Scheduling Order, MOTION for Extension of Time to File Motion for Summary Judgment by Richard Luthmann. (Attachments: # 1 Composite Exhibits)(JK) Motions referred to Magistrate Judge Nicholas P. Mizell. (Entered: 08/16/2023)
2023-08-1855ENDORSED ORDER granting 54 plaintiff's unopposed motion to amend the scheduling order. The court will enter a third amended scheduling order separately. Signed by Magistrate Judge Nicholas P. Mizell on 8/18/2023. (JMM) (Entered: 08/18/2023)
2023-08-2156THIRD AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Dispositive motions due by 11/3/2023, Pretrial statement due by 5/17/2024 Final Pretrial Conference set for 5/31/2024 at 09:30 AM before Judge John E. Steele, Jury Trial term 6/3/2024 at 09:00 AM before Judge John E. Steele Signed by Magistrate Judge Nicholas P. Mizell on 8/18/2023. (WRW) (Entered: 08/21/2023)
2023-10-1757Second MOTION for Extension of Time to File Dispositive Motions and Serve Vaughn Index by All Defendants. (Spraker, Chad) Motions referred to Magistrate Judge Nicholas P. Mizell. (Entered: 10/17/2023)
2023-10-2658ENDORSED ORDER granting 57 defendants' unopposed motion to amend the scheduling order. The court will enter a fourth amended case management and scheduling order separately. Signed by Magistrate Judge Nicholas P. Mizell on 10/26/2023. (JMM) (Entered: 10/26/2023)
2023-10-3059FOURTH AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Vaughan and Dispositive motions due by 2/1/2024; Pretrial statement and Trial Briefs due by 7/12/2024; Motions in Limine due by 7/8/2024; Final Pretrial Conference set for 7/26/2024 at 09:30 AM in Ft. Myers Courtroom 6 A before Judge John E. Steele; Jury Trial set for 8/5/2024 trial term in Ft. Myers Courtroom 6 A before Judge John E. Steele. Signed by Magistrate Judge Nicholas P. Mizell on 10/30/2023. (CGW) (Entered: 10/30/2023)
2024-01-1860NOTICE canceling Bench Trial scheduled for 4/1/2024. Bench Trial is currently set for 8/5/2024. (WRW) (Entered: 01/18/2024)
2024-01-1861NOTICE OF RESCHEDULING HEARING: The Jury Trial scheduled for 8/5/2024 is rescheduled to a Bench Trial. Bench Trial set for 8/5/2024 at 09:30 AM before Judge John E. Steele. (WRW) (Entered: 01/18/2024)
2024-01-3162Unopposed MOTION to File Excess Pages for Summary Judgment by All Defendants. (Huguelet, Kevin) (Entered: 01/31/2024)
2024-02-0163ENDORSED ORDER granting 62 defendants' unopposed motion to file excess pages. Defendants' motion for summary judgment, and plaintiff's response to same, must not exceed forty pages each. Signed by Magistrate Judge Nicholas P. Mizell on 2/1/2024. (JMM) (Entered: 02/01/2024)
2024-02-0164MOTION for Summary Judgment by All Defendants. (Attachments: # 1 Affidavit FBI Decl., # 2 Affidavit Commerce Decl., # 3 Affidavit ATF Decl., # 4 Affidavit EOUSA Decl., # 5 Affidavit CRM Decl., # 6 Appendix Vaughn Index, # 7 Exhibit Exhibits to FBI Decl.)(Huguelet, Kevin) (Entered: 02/01/2024)
2024-03-0765ORDER directing Luthmann to respond to Defendants' 64 MOTION for Summary Judgment . Response due by 3/21/2024. Signed by Judge John E. Steele on 3/7/2024. (FMB) (Entered: 03/07/2024)
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