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Case TitleAdams et al v. United States Department of Justice et al
DistrictWestern District of Arkansas
CityHarrison
Case Number3:2010cv03117
Date Filed2010-12-07
Date Closed2012-11-02
JudgeHonorable P. K. Holmes, III
PlaintiffDale B Adams
PlaintiffCherie Adams
TERMINATED: 01/18/2011
DefendantUnited States Department of Justice
DefendantEric H. Holder United States Attorney General
AppealEighth Circuit 12-3685
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Opinion/Order [44]
Opinion/Order [47]
Opinion/Order [51]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2010-12-071COMPLAINT against Eric H. Holder, United States Department of Justice, filed by Dale B Adams, Cherie Adams. (Attachments: # 1 Exhibit A-Freedom of Information Act request, # 2 Exhibit B-Letter of 11/17/10 from US Dept of Justice, # 3 Exhibit C-Letter of 8/31/09, # 4 Exhibit D-Request for Formal Investigation, 10/29/09, # 5 Exhibit E-Harrison Police Dept Evidence/Property Receipt)(sh) (Entered: 12/07/2010)
2010-12-072ORDER directing re 1 the Complaint be provisionally filed prior to a determination regarding Plaintiffs status as a pauper and service of process, and the Clerk of Court is directed to file the Complaint, and is further directed to mail Mrs. Adams a blank in forma pauperis application. Mrs. Adams is given until December 30, 2010, to either complete and return the in forma pauperis application or pay the $350.00 filing fee. If Mrs. Adams fails to return the completed in forma pauperis application by December 30, 2010, the complaint will become subject to summary dismissal for failure to obey an order of the Court. Mrs. Adams is also reminded that an individual may represent herself but she may not be represented by another individual unless he or she is a licensed attorney.. Signed by Honorable James R. Marschewski on December 7, 2010. (sh) (Entered: 12/07/2010)
2010-12-073CIVIL COVER SHEET for case initiated by Cherie Adams, Dale B Adams. (sh) (Entered: 12/07/2010)
2010-12-074MOTION for Leave to Proceed in forma pauperis filed by Dale B Adams. (sh) (Entered: 12/07/2010)
2010-12-07Remark: as directed by the order dated this 12/7/10, a blank in forma pauperis application has been mailed to separate plaintiff Cherie L. Adams. (sh) (Entered: 12/07/2010)
2010-12-165MOTION to Appoint Counsel filed by Cherie Adams, and Dale B Adams. (sh) (Entered: 12/16/2010)
2010-12-166MOTION for Leave to Proceed in forma pauperis filed by Cherie Adams. (sh) (Entered: 12/16/2010)
2010-12-16TEXT ONLY: MOTION for Service by Dale B Adams. (rw) (Entered: 12/16/2010)
2010-12-16TEXT ONLY: MOTION for Service by Cherie Adams. (rw) (Entered: 12/16/2010)
2010-12-16MOTIONS REFERRED: 4 MOTION for Leave to Proceed in forma pauperis, MOTION for Service, MOTION for Service, 6 MOTION for Leave to Proceed in forma pauperis. Motions referred to Honorable James R. Marschewski.(rw) (Entered: 12/16/2010)
2010-12-237NOTICE of Freedom of Information Act Request by Cherie Adams, Dale B Adams (Attachments: # 1 Exhibit A - re Public Food Safety)(rw) (Entered: 12/23/2010)
2010-12-238NOTICE of Formal Letter by Cherie Adams, Dale B Adams (rw) (Entered: 12/23/2010)
2010-12-239NOTICE of Formal Letter by Cherie Adams, Dale B Adams (Attachments: # 1 Exhibit A - Formal Letter)(rw) (Entered: 12/23/2010)
2011-01-1010AMENDED COMPLAINT as to 1 Complaint against Eric H. Holder and the United States Department of Justice, filed by Dale B Adams.Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit 1, # 7 Exhibit A1, # 8 Exhibit B1, # 9 Exhibit C1, # 10 Exhibit D1, # 11 Exhibit E1, # 12 Exhibit F1, # 13 Exhibit G1, # 14 Exhibit H1, # 15 Exhibit i, # 16 Exhibit ii, # 17 Exhibit iii, # 18 Exhibit iv, # 19 Exhibit v, # 20 GAO Doc)(jas) (Entered: 01/10/2011)
2011-03-0812MOTION to Amend filed by Dale B Adams. (Attachments: # 1 Exhibit A-FIA Expedited Processing Request, # 2 Exhibit B-Amended Complaint for Injunctive Relief)(sh) (Entered: 03/08/2011)
2011-06-0813ORDER denying 5 Motion to Appoint Counsel and granting 12 Motion to file and Amend the Complaint along with attachments. Signed by Honorable James R. Marschewski on June 8, 2011. (sh) Modified on 6/10/2011 to edit document (lw). (Entered: 06/08/2011)
2011-06-0814AMENDED COMPLAINT against Eric H. Holder, United States Department of Justice, filed by Dale B Adams. (Attachments: # 1 Exhibit A-Freedom of information act, expedited processing request, # 2 Exhibit B-Form No 005A-10:10 US Dept of Justice, # 3 Exhibit C-Death Certificate)(sh) (Entered: 06/08/2011)
2011-06-0815ORDER granting 4 Plaintiff Dale B. Adams Motion for Leave to Proceed in forma pauperis, further denying as moot 6 the Motion for Leave to Proceed in forma pauperis filed by Cherie Adams as she has been terminated from this case, 6 , and DIRECTING SERVICE on Eric H. Holder, United States Department of Justice, 950 Pennsylvania Ave., N.W., Washington, D.C. 20530-0001, and and the United States Attorney for the Western District of Arkansas, or his assistant, in Fort Smith, AR, by sending a copy of the summons and complaint registered mail, return receipt requested and granting (60) days to answer. Signed by Honorable James R. Marschewski on June 8, 2011. (sh) (Entered: 06/08/2011)
2011-06-08(2)USM285 Forms Delivered to USMS re 15 Order Directing Service. (sh) (Entered: 06/08/2011)
2011-06-1516USM/285 SUMMONS Returned Executed upon United States Department of Justice served on 6/9/2011, answer due 8/8/2011. (sh) (Entered: 06/15/2011)
2011-08-0117MOTION for Extension of Time to File Response/Reply as to 1 Complaint, by Eric H. Holder, United States Department of Justice. (Hawkins, Claude) (Entered: 08/01/2011)
2011-08-02TEXT ONLY ORDER granting 17 Motion for Extension of Time. Defendants' response to the Complaint is due September 22, 2011. Signed by Honorable Jimm Larry Hendren on August 2, 2011. (kcg) (Entered: 08/02/2011)
2011-09-2218ANSWER to 14 Amended Complaint, by Eric H. Holder, United States Department of Justice.(Groom, Deborah) (Entered: 09/22/2011)
2011-10-1819INITIAL SCHEDULING ORDER: Final Scheduling Order issue date 12/19/2011. Bench Trial set for 9/10/2012 08:30 AM in Harrison -- 2nd flr (Rm 231) before Honorable Jimm Larry Hendren. Signed by Honorable Jimm Larry Hendren on October 18, 2011. (gg) (Entered: 10/18/2011)
2011-11-02TEXT ONLY MEMO OF REASSIGNMENT. Case Reassigned to Honorable P. K. Holmes, III. Honorable Jimm Larry Hendren no longer assigned to the case. (mfr) (Entered: 11/02/2011)
2011-12-0220MOTION to Amend/Correct 19 Initial Scheduling Order to Set Briefing Schedule by Eric H. Holder, United States Department of Justice. (Groom, Deborah) (Entered: 12/02/2011)
2011-12-0221MEMORANDUM BRIEF in Support of 20 MOTION to Amend/Correct 19 Initial Scheduling Order to Set Briefing Schedule by Eric H. Holder, United States Department of Justice. (Groom, Deborah) (Entered: 12/02/2011)
2011-12-0722ORDER granting in part and denying in part 20 defendants Motion to Amend/Correct. The court orders that, to the extent defendants seek amendment or correction of the Initial Scheduling Order, their Motion is DENIED, and that the deadlines set forth in the Initial Scheduling Order 19 should be and are TEMPORARILY STAYED. It is further ordered that parties are directed to file any Motions for Summary Judgment on or before January 3, 2012. Responses are due 14 days after the filing date of any such motion, with replies due 10 days after the filing of any response. Should the parties fail to timely file a Motion for Summary Judgment, the court will enter an Order lifting the temporary stay and directing the parties to confer in accordance with Fed. P.26(f). Signed by Honorable P. K. Holmes, III on December 7, 2011. (sh) (Entered: 12/07/2011)
2011-12-0723MOTION for Expedited processing or mediation by Dale B Adams. (rw) Modified on 12/7/2011 to edit text (rw). (Entered: 12/07/2011)
2011-12-08TEXT ONLY ORDER denying 23 Motion to Expedite. In an attempt to ensure the efficient progression of this litigation, the Court has set forth a briefing schedule for the parties to file Motions for Summary Judgment should they choose to do so. The Court finds that no other measures are reasonable or necessary to expedite the processing of this case at this time. Signed by Honorable P. K. Holmes, III on December 8, 2011. (jlg) (Entered: 12/08/2011)
2011-12-1624***DISREGARD - FILED IN ERROR*** AMENDED FINAL SCHEDULING ORDER: Bench Trial set for 9/24/2012 at 09:00 AM in Harrison -- 2nd flr (Rm 231) before Honorable P. K. Holmes, III.Signed by Jane Ann Short, Courtroom Deputy for Honorable P. K. Holmes, III on December 16, 2011. Copy of order mailed to non-CM/ECF participant. (jas) Modified text on 12/16/2011 (jas). Modified text on 12/28/2011 (jas). Copy of regenerated NEF mailed to non-CM/ECF participant. (Entered: 12/16/2011)
2011-12-2825MOTION for Leave to Amend complaint, filed by Dale B Adams. (sh) (Entered: 12/28/2011)
2011-12-28TEXT ONLY ORDER Setting/Resetting Hearings: Bench Trial RE-SET for 9/24/2012 at 09:00 AM in Harrison -- 2nd flr (Rm 231) before Honorable P. K. Holmes, III.Signed by Honorable P. K. Holmes, III on December 28, 2011. Copy of Text Only Order mailed to non-CM/ECF participant. (jas) (Entered: 12/28/2011)
2011-12-28TEXT ONLY ORDER REFERRING MOTION: 25 MOTION for Leave to Amend Complaint filed by Dale B Adams. Signed by Honorable P. K. Holmes, III on December 28, 2011. Motions referred to Honorable James R. Marschewski.(jlg) (Entered: 12/28/2011)
2011-12-2926MOTION for Extension of Time to File Motion for Summary Judgment by Eric H. Holder, United States Department of Justice. (Groom, Deborah) (Entered: 12/29/2011)
2011-12-30TEXT ONLY ORDER granting 26 Motion for Extension of Time to File Motion for Summary Judgment. The parties' deadline to file a Motion for Summary Judgment is extended to February 2, 2012. The temporary stay of the deadlines set forth in the ISO is extended accordingly. Signed by Honorable P. K. Holmes, III on December 30, 2011. (jlg) (Entered: 12/30/2011)
2012-01-0527MOTION to Amend Complaint 14 Amended Complaint, by Dale B Adams. (Attachments: # 1 Amended Complaint, # 2 Exhibit A - Freedom of Information Act, # 3 Exhibit B - US Dept of Justice, # 4 Exhibit C - Cert of Death, # 5 Exhibit D - Affidavit, # 6 Exhibit E - Letter dd 3-31-11, # 7 Exhibit F - Letter dd 7-12-11, # 8 Exhibit G - Affidavit)(rw) (Entered: 01/05/2012)
2012-01-06TEXT ONLY ORDER REFERRING MOTION: 27 MOTION to Amend/Correct 14 Amended Complaint, MOTION to Amend/Correct 14 Amended Complaint, filed by Dale B Adams. Signed by Honorable P. K. Holmes, III on January 6, 2012. Motions referred to Honorable James R. Marschewski.(jlg) (Entered: 01/06/2012)
2012-01-0928MOTION and Brief for Summary Judgment by Dale B Adams. (sh) Modified on 1/10/2012 edit file date.(sh). (Entered: 01/10/2012)
2012-01-0929STATEMENT OF FACTS in support of 28 MOTION for Summary Judgment by Dale B Adams. (Attachments: # 1 Exhibit A-Freedom of Information Act Request on 12/17/11, # 2 Exhibit B-FOIA Request of 12/17/11, # 3 Exhibit C-Letter of 12/7/11, # 4 Exhibit D-Letter of 10/19/11 from Pro Se Law Clerk SG to Adams, # 5 Exhibit D-Transaction Log-Adams of 7/25/11)(sh) Modified on 1/10/2012 to edit file date. (sh). (Entered: 01/10/2012)
2012-01-24TEXT ONLY ORDER REFERRING MOTION: 28 MOTION for Summary Judgment filed by Dale B Adams. Signed by Honorable P. K. Holmes, III on January 24, 2012. Motions referred to Honorable James R. Marschewski.(jlg) (Entered: 01/24/2012)
2012-01-2430RESPONSE to Motion re 28 MOTION for Summary Judgment filed by Eric H. Holder, United States Department of Justice. (Hawkins, Claude) (Entered: 01/24/2012)
2012-01-2431MEMORANDUM BRIEF in Support of 30 Response to Motion by Eric H. Holder, United States Department of Justice. (Hawkins, Claude) (Entered: 01/24/2012)
2012-01-2432STATEMENT OF FACTS in support of 30 Response to Motion by Eric H. Holder, United States Department of Justice. (Hawkins, Claude) (Entered: 01/24/2012)
2012-01-2633MOTION for Leave to File Electronic Documents and Brief in Support by Dale B Adams. (lw) (Entered: 01/26/2012)
2012-01-27TEXT ONLY ORDER REFERRING MOTION: 33 MOTION for Leave to File Electronic Documents filed by Dale B Adams. Signed by Honorable P. K. Holmes, III on January 27, 2012. Motions referred to Honorable James R. Marschewski.(jlg) (Entered: 01/27/2012)
2012-01-3134REPLY to Response and Brief to Motion re 28 to Defendants opposition to motion for Summary Judgment filed by Cherie Adams. (Attachments: # 1 Supplement-Statement of Material Facts, # 2 Exhibit A-Request for Formal Investigation, # 3 Exhibit B-Crimes of Mena, # 4 Exhibit C-Request FOIA 2010-3167, # 5 Exhibit D-Cover Sheet-Formal Letter)(sh) (Entered: 01/31/2012)
2012-02-0235MOTION for Summary Judgment by Eric H. Holder, United States Department of Justice. (Attachments: # 1 Exhibit Declaration of Kornmeier)(Groom, Deborah) (Entered: 02/02/2012)
2012-02-0236MEMORANDUM BRIEF in Support of 35 MOTION for Summary Judgment by Eric H. Holder, United States Department of Justice. (Groom, Deborah) (Entered: 02/02/2012)
2012-02-0237STATEMENT OF FACTS in support of 35 MOTION for Summary Judgment by Eric H. Holder, United States Department of Justice. (Groom, Deborah) (Entered: 02/02/2012)
2012-02-03TEXT ONLY ORDER REFERRING MOTION: 35 MOTION for Summary Judgment filed by United States Department of Justice, Eric H. Holder. Signed by Honorable P. K. Holmes, III on February 3, 2012. Motions referred to Honorable James R. Marschewski.(jlg) (Entered: 02/03/2012)
2012-02-0738MOTION and BRIEF in Support to Strike 14 Amended Complaint, 10 Amended Complaint, and incriminating pleadings by Dale B Adams. (rw) (Entered: 02/07/2012)
2012-02-08TEXT ONLY ORDER REFERRING MOTION: 38 MOTION to Strike 14 Amended Complaint, 10 Amended Complaint, filed by Dale B Adams. Signed by Honorable P. K. Holmes, III on February 8, 2012. Motions referred to Honorable James R. Marschewski.(jlg) (Entered: 02/08/2012)
2012-02-2739NOTICE of Constitutional Challenge by Dale B Adams (rw) (Entered: 02/27/2012)
2012-03-2940MOTION to Dismiss Case by Dale B Adams. (rw) (Entered: 03/29/2012)
2012-04-0241RESPONSE to Motion re 40 MOTION to Dismiss Case filed by Eric H. Holder, United States Department of Justice. (Groom, Deborah) (Entered: 04/02/2012)
2012-04-0942MOTION to Withdraw 40 MOTION to Dismiss Case by Dale B Adams. (rw) (Entered: 04/09/2012)
2012-05-03TEXT ONLY ORDER granting 42 Motion to Withdraw Motion; Motions terminated: 40 MOTION to Dismiss Case filed by Dale B Adams. Signed by Honorable P. K. Holmes, III on May 3, 2012. (jlg) (Entered: 05/03/2012)
2012-07-0243ORDER denying 25 Motion for Leave, denying 27 Motion to Amend/Correct, denying 33 Motion for leave to file Documents Electronically and denying 38 Motion to Strike. Signed by Honorable James R. Marschewski on July 2, 2012. (lw) (Entered: 07/02/2012)
2012-08-0844REPORT AND RECOMMENDATIONS re 28 MOTION for Summary Judgment filed by Dale B Adams, 35 MOTION for Summary Judgment filed by United States Department of Justice, and Eric H. Holder. Objections to R&R due by 8/27/2012. Signed by Honorable James R. Marschewski on August 8, 2012. (lw) (Entered: 08/08/2012)
2012-08-1745MOTION for Appointment of Counsel by Dale B Adams. (rw) (Entered: 08/17/2012)
2012-08-1746MOTION for Court Order by Dale B Adams. (rw) (Entered: 08/17/2012)
2012-09-10TEXT ONLY ORDER canceling bench trial set for 9/24/2012. Signed by Honorable P. K. Holmes, III on September 10, 2012. (jas) Modified text on 9/10/2012 (jas). (Entered: 09/10/2012)
2012-09-2647ORDER ADOPTING 44 REPORT AND RECOMMENDATIONS in its entirety. Further denying 28 Motion for Summary Judgment and granting in part and denying in part 35 Motion for Summary Judgment, as set forth. The Defendants are directed to submit Document 3 for in camera review by the Court by 10/5/12. Signed by Honorable P. K. Holmes, III on September 26, 2012. (lw) (Entered: 09/26/2012)
2012-09-26TEXT ONLY ORDER REFERRING MOTIONS: 45 MOTION to Appoint Counsel filed by Dale B Adams, and 46 MOTION for Order filed by Dale B Adams. Signed by Honorable P. K. Holmes, III on September 26, 2012. Motions referred to Honorable James R. Marschewski.(jlg) (Entered: 09/26/2012)
2012-10-0248MOTION and MEMO BRIEF in support to Suppress evidence by Dale B Adams. (rw) (Entered: 10/02/2012)
2012-10-09TEXT ONLY ORDER REFERRING MOTION: 48 MOTION to Suppress filed by Dale B Adams. Signed by Honorable P. K. Holmes, III on October 9, 2012. Motions referred to Honorable James R. Marschewski.(jlg) (Entered: 10/09/2012)
2012-10-1049REPORT AND RECOMMENDATIONS re 35 , filed by Dale B Adams. Objections to R&R due by 10/29/2012. Signed by Honorable James R. Marschewski on October 10, 2012. (rw) (Entered: 10/10/2012)
2012-10-1550RESPONSE to Motion re 48 MOTION to Suppress filed by Eric H. Holder, United States Department of Justice. (Groom, Deborah) (Entered: 10/15/2012)
2012-11-0251ORDER ADOPTING 49 REPORT AND RECOMMENDATIONS in its entirety. Further Plaintiff's case is dismissed with prejudice, as set forth. Signed by Honorable P. K. Holmes, III on November 2, 2012. (lw) (Entered: 11/02/2012)
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