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Case TitleHulstein v. Drug Enforcement Administration
DistrictNorthern District of Iowa
CityWestern Division
Case Number5:2010cv04112
Date Filed2010-11-17
Date Closed2013-02-07
JudgeMagistrate Judge Leonard T Strand
PlaintiffTony Hulstein
DefendantDrug Enforcement Administration
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [26]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2010-11-171COMPLAINT against Drug Enforcement Admin. ( Filing fee $ 350 receipt number 0862-1099806.), filed by Tony Hulstein. Scheduling Report due by 3/30/2011 (Attachments: # 1 Civil Cover Sheet) (Taylor, Wallace) (Entered: 11/17/2010)
2010-11-17Judge Mark W Bennett and Chief Magistrate Judge Paul A Zoss added - Conflict check performed as to judges, parties and attorney - No conflicts identified (kfs) (Entered: 11/17/2010)
2010-11-172Summons Issued as to Defendant Drug Enforcement Administration****PLEASE MAKE COPIES OF SUMMONS FOR EACH DEFENDANT AND FILL IN REMAINING INFORMATION****(Attachment #(1) New Civil Case Packet) (kfs) (Entered: 11/17/2010)
2010-12-223ANSWER to 1 Complaint by Drug Enforcement Administration.(Wright, Stephanie) (Entered: 12/22/2010)
2011-01-124MOTION For Scheduling Order by Plaintiff Tony Hulstein (Taylor, Wallace) (Entered: 01/12/2011)
2011-01-135ORDER Setting Telephonic Status Conference on 4 MOTION For Scheduling Order - Telephonic Status Conference set for 01/18/2011 at 10:00 AM before Chief Magistrate Judge Paul A Zoss. Signed by Chief Magistrate Judge Paul A Zoss on 01/12/11. (kfs) (Entered: 01/13/2011)
2011-01-136UNRESISTED Motion for Rescheduling the Telephonic Status Conference by Defendant Drug Enforcement Administration (Wright, Stephanie) (Entered: 01/13/2011)
2011-01-137STATUS Report In Advance of Telephonic Status Conference by Drug Enforcement Administration (Wright, Stephanie) (Entered: 01/13/2011)
2011-01-138ORDER granting 6 UNRESISTED Motion for Rescheduling the Telephonic Status Conference filed by Drug Enforcement Administration. The telephonic scheduling conference is reset for 1/24/2011 11:00 AM before Chief Magistrate Judge Paul A Zoss on 4 MOTION For Scheduling Order. Signed by Chief Magistrate Judge Paul A Zoss on 1/13/11. (djs) (Entered: 01/13/2011)
2011-01-219ORDER Cancelling Hearing. The scheduling conference previously scheduled for 1/24/11, at 11:00 a.m. is cancelled. Signed by Chief Magistrate Judge Paul A Zoss on 1/21/11. (djs) (Entered: 01/21/2011)
2011-01-2710*ORAL ARGUMENT REQUESTED - MOTION for Summary Judgment by Plaintiff Tony Hulstein Responses due by 2/22/2011 (Attachments: # 1 Brief, # 2 Statement of Material Facts, # 3 Appendix) (Taylor, Wallace) (Additional attachment added on 2/28/2011 pursuant to order at 17 : # 4 Amended Brief) (src) (Entered: 01/27/2011)
2011-01-2811SCHEDULING Order and Discovery Plan: Add Parties Deadline due by 4/14/2011. Amended Pleadings due by 4/14/2011. Discovery due by 7/1/2011. Motions due by 7/15/2011. Trial Ready Deadline 11/24/2011. ORDER: Upon consent of the parties Drug Enforcement Administration, Tony Hulstein, this case is reassigned to Chief Magistrate Judge Paul A Zoss for final disposition. Signed by Judge Mark W Bennett and Chief Magistrate Judge Paul A Zoss on 1/28/11. (djs) (Entered: 01/28/2011)
2011-01-2812TRIAL Management Order: Witness and exhibit lists exchanged by parties (but not filed) at least 21 days before FPTC. Exhibits marked. Motions in limine 14 days before FPTC. Bench Trial set for 9/30/2011 09:00 AM in SC 1st Fl Ct before Chief Magistrate Judge Paul A Zoss. Final Pretrial Conference set for 9/16/2011 03:00 PM in SC 1st Fl Ct before Chief Magistrate Judge Paul A Zoss. Proposed Pretrial Order due by 9/14/2011. Signed by Chief Magistrate Judge Paul A Zoss on 1/28/11. (djs) (Entered: 01/28/2011)
2011-02-2213RESISTANCE to Motion for Summary Judgment filed by Drug Enforcement Administration. (Attachments: # 1 Brief, # 2 Defendant's Response to Plaintiff's Statement of Material Facts, # 3 Defendant's Statement of Additional Material Facts, # 4 Appendix) (Wright, Stephanie) (Entered: 02/22/2011)
2011-02-24DOCKET Annotation re 13 Resistance to 10 Motion for Summary Judgment: Tabbed and bound copy received at clerk's office and forwarded to PAZ chambers (des) (Entered: 02/24/2011)
2011-02-2414MOTION for Extension of Time to File Time to File Reply to 10 Motion for Summary Judgment filed by Plaintiff Tony Hulstein (Taylor, Wallace) Modified text on 02/25/2011 (kfs) (Entered: 02/24/2011)
2011-02-2415ORDER granting 14 MOTION for Extension of Time to File Time to File Reply to 10 Motion for Summary Judgment filed by Tony Hulstein. Reply due by 3/2/2011. Signed by Chief Magistrate Judge Paul A Zoss on 2/24/2011. (des) (Entered: 02/24/2011)
2011-02-2816MOTION to Amend Brief in Support of 10 Motion for Summary Judgment by Plaintiff Tony Hulstein (Attachment # 1 Amended Brief) (Taylor, Wallace) Modified to add link 03/01/2011 (kfs) (Entered: 02/28/2011)
2011-02-2817ORDER granting 16 Motion to Amend Brief. The Clerk of Court is directed to docket the amended brief submitted with the motion. Signed by Chief Magistrate Judge Paul A Zoss on 02/28/11. Clerk has attached the amended brief to the motion for summary judgment at docket no. 10 . (src) (Entered: 02/28/2011)
2011-03-0218DOCKETED IN ERROR - MOTION for Leave to File Overlength Brief by Plaintiff Tony Hulstein (Taylor, Wallace) Modified on 3/2/2011 to add text. (src) (Entered: 03/02/2011)
2011-03-0219DOCKETED IN ERROR - MOTION for Leave to File Overlength Brief by Plaintiff Tony Hulstein (Taylor, Wallace) Modified on 3/2/2011 to add text. (src) (Entered: 03/02/2011)
2011-03-0220DOCKETED IN ERROR - REPLY to Response to Motion For Summary Judgment filed by Tony Hulstein. (Attachments: # 1 Brief, # 2 Statement of Material Facts, # 3 Appendix) (Taylor, Wallace) Modified on 3/2/2011 to add text. (src) (Entered: 03/02/2011)
2011-03-02DOCKET Annotation re 20 Reply to Response to Motion, 19 MOTION for Leave to File Overlength Brief, 18 MOTION for Leave to File Overlength Brief. Please note that both of the motions listed have been terminated as they were docketed in error, the reply brief was also docketed in error as the court did not grant leave to file overlength brief, which was attached. QC Clerk contacted filing attorney and he will be filing them correctly. (src) (Entered: 03/02/2011)
2011-03-0221Amended MOTION for Leave to File Overlength Brief by Plaintiff Tony Hulstein (Attachments: # 1 Brief) (Taylor, Wallace) (Entered: 03/02/2011)
2011-03-0222REPLY to Response to Motion For Summary Judgment filed by Tony Hulstein. (Attachments: # 1 Statement of Material Facts, # 2 Appendix) (Taylor, Wallace) (Additional attachment(s) added on 3/2/2011 pursuant to 23 Order: # 3 Brief) (des). (Entered: 03/02/2011)
2011-03-0223ORDER granting 21 Amended Motion for Leave to File Overlength Brief. Clerk directed to docket the brief submitted with the motion. Signed by Chief Magistrate Judge Paul A Zoss on 3/2/2011. (clerk has attached brief to 22 Reply to 10 Motion for Summary Judgment) (des) (Entered: 03/02/2011)
2011-03-0424ORDER Setting Telephonic Hearing on 10 Motion for Summary Judgment. Telephonic Motion Hearing set for 3/11/2011 9:00 AM before Chief Magistrate Judge Paul A Zoss. The court will initiate the conference call. Signed by Chief Magistrate Judge Paul A Zoss on 03/04/2011. (src) (Entered: 03/04/2011)
2011-03-1125MINUTE Entry for proceedings held before Chief Magistrate Judge Paul A Zoss: Telephonic Motion Hearing held on 3/11/2011. Ruling reserved - order to follow. Defendant to submit documents for in camera review by March 18, 2011. Defendant may supplement its Affidavit by March 18, 2011. Plaintiff may file a response by March 25, 2011. (Court Reporter - Digital Recording) (src) (Entered: 03/11/2011)
2011-03-11Set Deadlines as to 10 Plaintiff's Motion for Summary Judgment. Defendant may supplement its Affidavit by 3/18/2011. Plaintiff may file a response by 3/25/2011. Action taken pursuant to minutes at 25 . (src) (Entered: 03/11/2011)
2011-03-1126ORDER On 10 Motion For Summary Judgment. Accordingly, Hulstein's motion for summary judgment is granted in part, denied in part, and reserved in part, and summary judgment is granted in part to DEA, as set forth in the order. Please see order text for details . Signed by Chief Magistrate Judge Paul A Zoss on 03/11/2011. (src) (Entered: 03/11/2011)
2011-03-1827DEFENDANT'S FIRST SUPPLEMENTAL DECLARATION of William C Little Jr RE: 10 Motion for Summary Judgment filed by Defendant Drug Enforcement Administration - Filed pursuant to 25 Minutes (Attachment # 1 Supplemental Declaration) (Wright, Stephanie) Modified text to add link on 03/21/2011 (kfs) (Entered: 03/18/2011)
2011-03-2128RESPONSE to 27 Defendant's First Supplemental Declaration of William C Little Jr RE: 10 Motion for Summary Judgment filed by Tony Hulstein - Filed pursuant to 25 Minutes (Taylor, Wallace) Modified text to add link on 03/22/2011 (kfs) (Entered: 03/21/2011)
2011-03-2229SUPPLEMENTAL ORDER granting in part and denying in part remainder of the 10 Motion for Summary Judgment (See Order Text). DEA directed to provide unredacted versions of the indicated paragraphs of the 8/13/2008 and 3/20/1990 reports to the plaintiff by 4/01/2011. This order, together with the court's order 26 of 3/11/2011, resolves all issues in the case. Judgment will be granted to the plaintiff and the defendant, respectively, consistent with these orders. Signed by Chief Magistrate Judge Paul A Zoss on 3/22/2011. (des) (Entered: 03/22/2011)
2011-03-2230JUDGMENT entered in accordance with the attached Order and Supplemental Order on Motion For Summary Judgment. Signed by Clerk and Approved by Chief Magistrate Judge Paul A Zoss on 3/22/2011. (des) (Entered: 03/23/2011)
2011-03-2631MOTION for Attorney Fees by Plaintiff Tony Hulstein (Attachments: # 1 Brief, # 2 Affidavit, # 3 Exhibit) (Taylor, Wallace) (Entered: 03/26/2011)
2011-03-3032EXPEDITED Relief Requested, MOTION for Extension of Time to Disclose Information and , MOTION to Stay the Court's Final Judgment by Defendant Drug Enforcement Administration (Attachments: # 1 Brief) (Wright, Stephanie) (Entered: 03/30/2011)
2011-03-3033ORDER - regarding 32 EXPEDITED Relief Requested MOTION for Extension of Time to Disclose Information and MOTION to Stay the Court's Final Judgment filed by Drug Enforcement Administration. The motion for extension of time to produce the documents is granted. The date for production is continued to May 22, 2011. The motion for stay is premature, and is denied. Signed by Chief Magistrate Judge Paul A Zoss on 03/30/2011. (src) (Entered: 03/30/2011)
2011-04-0134UNRESISTED Motion to Defer Plaintiff's EAJA Fee Request by Defendant Drug Enforcement Administration (Wright, Stephanie) Modified text on 04/04/2011 (kfs) (Entered: 04/01/2011)
2011-04-0435ORDER granting 34 Unresisted Motion to defer consideration of plaintiff's fee request until after the 5/20/11 deadline to file a notice of appeal has passed. Signed by Chief Magistrate Judge Paul A Zoss on 4/4/11. (djs) (Entered: 04/04/2011)
2011-04-0636ORDER - Pursuant to the request of the Drug Enforcement Administration, the operation of Local Rule 5.d is suspended and the documents submitted to the court in camera will be maintained by the Court until further order. Signed by Chief Magistrate Judge Paul A Zoss on 04/06/2011. (src) (Entered: 04/06/2011)
2011-04-1337NOTICE of Filing of Official Transcript of Telephonic Hearing on Motion for Summary Judgment held on 03/11/11 before Chief Magistrate Judge Paul A Zoss - Court Reporter: Carolyn Plueger - Telephone Number 712-239-1300 - Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction - After that date it may be obtained through PACER - Redaction Request ddl 05/04/2011 - Redacted Transcript ddl 05/16/2011 - Release of Transcript Restriction set for 07/12/2011 (kfs) (Entered: 04/13/2011)
2011-04-1338NOTICE of Filing of Electronic Transcript: Administrative Order attached: Please read for instructions for actions parties/counsel may be required to take RE: 37 Transcript of Telephonic Hearing on Motion for Summary Judgment (kfs) (Entered: 04/13/2011)
2011-05-0939NOTICE of Appeal as to 29 Order on Motion for Summary Judgment,, 26 Order on Motion for Summary Judgment, 30 Judgment by Drug Enforcement Administration. (Wright, Stephanie) (Entered: 05/09/2011)
2011-05-0940EXPEDITED Relief Requested, UNRESISTED Motion for Extension of Time to Disclose Information and Renewed Motion to Stay the Court's Final Judgment by Defendant Drug Enforcement Administration (Attachments: # 1 Brief (Defendant's Memorandum in Support of its Renewed Motion for Extension of Time to Disclose Information and Renewed Motion to Stay the Court's Final Judgment)) (Wright, Stephanie) (Entered: 05/09/2011)
2011-05-0941Renewed MOTION to Defer Consideration of Plaintiff's Fee Request re 31 MOTION for Attorney Fees by Defendant Drug Enforcement Administration (Wright, Stephanie) (Entered: 05/09/2011)
2011-05-1042NOA Supplement and Transmission of Notice of Appeal to US Court of Appeals RE: 39 Notice of Appeal - Case Number ddl 05/13/2011 (kfs) (Entered: 05/10/2011)
2011-05-1043ORDER granting 40 Unresisted Motion for extension of time to disclose information and to stay court's final judgment. The date for production and the stay is continued to 30 days after the return of the mandate from the Eighth Circuit Court of Appeals. Signed by Chief Magistrate Judge Paul A Zoss on 5/10/2011. (des) (Entered: 05/10/2011)
2011-05-1044ORDER granting 41 Motion to defer consideration of plaintiff's fee request. The defendant's response to plaintiff's motion for attorney fees is continued to 30 days after the return of the mandate from the Eighth Circuit Court of Appeals. Signed by Chief Magistrate Judge Paul A Zoss on 5/10/2011. (des) (Entered: 05/10/2011)
2011-05-1245USCA Case Number 11-2039 for 39 Notice of Appeal filed by Drug Enforcement Administration (Attachment # 1 Correspondence) (kfs) (Entered: 05/12/2011)
2011-05-2046USCA Amended Appeal Briefing Schedule Order for 39 Notice of Appeal filed by Defendant Drug Enforcement Administration: Transcript ddl 06/21/2011 (kfs) (Entered: 05/20/2011)
2011-05-2047ORDER Regarding Motion for Summary Judgment: The Court orders DEA to again provide the Court with copies of the unredacted documents so they can be forwarded to the Eighth Circuit Court of Appeals to be considered as part of the record in this case: See text of Order for further details. Signed by Chief Magistrate Judge Paul A Zoss on 05/20/11. (kfs) (Entered: 05/20/2011)
2011-06-0148CLERK'S Certified and Transmitted Record on Appeal to US Court of Appeals RE: 39 Notice of Appeal (kfs) (Entered: 06/01/2011)
2011-07-0149APPEAL Transmittal Receipt re 39 Notice of Appeal: Transcript of Hearing on Motion for Summary Judgment and Sealed In Camera Review Documents received at 8CC (des) (Entered: 07/01/2011)
2011-09-0950ORDER denying 31 Motion for Award of Attorney Fees and Costs (See Order Text). Signed by Chief Magistrate Judge Paul A Zoss on 9/9/2011. (des) (Entered: 09/09/2011)
2012-03-0251OPINION of USCA (certified copy) as to 39 Notice of Appeal filed by Drug Enforcement Administration: Reversing the Judgment of the District Court (Attachments: # 1 Correspondence 1 # 2 Correspondence 2) (kfs) (Entered: 03/02/2012)
2012-03-0252JUDGMENT of USCA (certified copy) as to 39 Notice of Appeal filed by Drug Enforcement Administration: The Judgment of the District Court is reversed (kfs) (Entered: 03/02/2012)
2012-04-2553MANDATE of USCA (certified copy) as to 39 Notice of Appeal filed by Drug Enforcement Administration RE: 51 Opinion and 52 Judgment: The formal mandate is hereby issued in the above-styled matter (kfs) (Entered: 04/25/2012)
2012-06-08Magistrate Judge Leonard T Strand added. Magistrate Paul A Zoss no longer assigned to case. (jkh) (Entered: 06/08/2012)
2012-07-1254APPEAL Record Returned RE: 39 Notice of Appeal: 37 Transcript of Telephonic Hearing on Motion for Summary Judgment held on 03/11/11 and Sealed In Camera Review Documents Provided By Defendant returned from 8CC (Sealed In Camera Documents returned to AUSA Wright) (kfs) (Entered: 07/12/2012)
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