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Case TitleEakin v. United States Department of Defense et al
DistrictWestern District of Texas
CitySan Antonio
Case Number5:2010cv00784
Date Filed2010-09-28
Date Closed2012-01-23
JudgeChief Judge Fred Biery
PlaintiffJohn Eakin
DefendantUnited States Department of Defense
DefendantRobert M. Gates in his official Capacity as Secretary of Defense
DefendantUnited States Department of the Army
DefendantJohn McHugh in his official Capacity as Secretary of the Army
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [34]
User-contributed Documents
 Amended Answer
Cross Motion for Summary Judgment
Def Resp Opp to Motion
Docket_20111217
First Amended Complaint
Mag Report & Recommendation
Memo in Spt of Mo to Compel Production
Motion for Summary Judgment
Motion to Compel Production
Motion to Strike Decl of Cynthia Chambers
Objections to Report & Recommendations
Objections to Report & Recommendations
Pfl Reply Opp Motion to Compel
Docket Events (Hide)
Date FiledDoc #Docket Text

2010-09-28Case Assigned to Chief Judge Fred Biery. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (tm) (Entered: 09/29/2010)
2010-09-28If ordered by the court, all referrals will be assigned to Magistrate Judge Nancy Stein Nowak (tm) (Entered: 09/29/2010)
2010-09-281COMPLAINT ( Filing fee $ 350 receipt number 500009100), filed by John Eakin. (Attachments: # 1 Civil Cover Sheet / Receipt)(tm) (Entered: 09/29/2010)
2010-09-282Summons Issued as to Robert M. Gates, United States Department of Defense, U.S. Attorney and U.S. Attorney General (tm) (Entered: 09/29/2010)
2010-09-303ORDER REFERRING CASE to Magistrate Judge Nancy Stein Nowak for pretrial proceedings including any requests for injunctive relief. Signed by Chief Judge Fred Biery. (rg) (Entered: 09/30/2010)
2010-10-254SUMMONS Returned Executed by United States Department of Defense. (rg) (Entered: 10/26/2010)
2010-10-255SUMMONS Returned Executed by John Eakin. (rg) (Entered: 10/26/2010)
2010-10-256SUMMONS Returned Executed by John Eakin. (rg) (Entered: 10/26/2010)
2010-10-257SUMMONS Returned Executed by John Eakin. United States Attorney's Office served on 9/29/2010, answer due 11/29/2010. (rg) Modified on 10/26/2010 to correct the party served by this Summons. (kh2). (Entered: 10/26/2010)
2010-11-018Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by Robert M. Gates, United States Department of Defense.. Motions referred to Judge Nancy Stein Nowak. (Rocha, Dimitri) (Entered: 11/01/2010)
2010-11-02Text Order GRANTING 8 Unopposed Motion for Extension of Time to Answer. Defendants' shall file their answer or other response on or before December 1, 2010. entered by Judge Nancy Stein Nowak. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mbb) (Entered: 11/02/2010)
2010-11-02Set/Reset Deadlines: Robert M. Gates answer due 12/1/2010; United States Department of Defense answer due 12/1/2010. (tm) (Entered: 11/02/2010)
2010-11-199Order for Scheduling Recommendations/Proposed Scheduling Order. Plaintiff shall submit a scheduling recommendations/proposed scheduling order to the Court within sixty (60) days after the appearance of any defendant. Signed by Judge Nancy Stein Nowak. (tm) (Entered: 11/22/2010)
2010-12-0110ANSWER to 1 Complaint by Robert M. Gates, United States Department of Defense.(Rocha, Dimitri) (Entered: 12/01/2010)
2010-12-0611NOTICE of Attorney Leave by Robert M. Gates, United States Department of Defense (Rocha, Dimitri) (Entered: 12/06/2010)
2010-12-3012MOTION to Amend Complaint by John Eakin. (Attachments: # 1 First Amended Complaint). Motions referred to Judge Nancy Stein Nowak. ***Summons received and being held until ruling on motion.***(tm) (Entered: 12/30/2010)
2011-01-05Text Order GRANTING 12 unopposed Motion to Amend Complaint entered by Judge Nancy Stein Nowak. The Clerk is directed to file the proposed First Amended Complaint attached to the motion for leave to amend.(This is a text-only entry generated by the court. There is no document associated with this entry.) (NSN) (Entered: 01/05/2011)
2011-01-0513FIRST AMENDED COMPLAINT against Robert M. Gates, United States Department of Defense, United States Department of the Army, John McHugh amending 1 Complaint filed by John Eakin.(rf) (Entered: 01/06/2011)
2011-01-05Summons Issued as to John McHugh, United States Department of the Army, U.S. Attorney and U.S. Attorney General (rg) (Entered: 01/07/2011)
2011-01-2014Amended ANSWER to 13 Amended Complaint by Robert M. Gates, John McHugh, United States Department of Defense, United States Department of the Army.(Rocha, Dimitri) (Entered: 01/20/2011)
2011-01-2115Scheduling Recommendations/Proposed Scheduling Order by John Eakin, Robert M. Gates, John McHugh, United States Department of Defense, United States Department of the Army. (Rocha, Dimitri) (Entered: 01/21/2011)
2011-01-2716ADVISORY TO THE COURT by Robert M. Gates, John McHugh, United States Department of Defense, United States Department of the Army. (Rocha, Dimitri) (Entered: 01/27/2011)
2011-02-0917SCHEDULING ORDER: ADR Report Deadline due by 3/1/2011. Amended Pleadings due by 4/1/2011. Joinder of Parties due by 4/1/2011. Dispositive Motions due by 6/1/2011. Signed by Judge Nancy Stein Nowak. (rg) (Entered: 02/09/2011)
2011-02-2418ADR Report Filed - by John Eakin, Robert M. Gates, John McHugh, United States Department of Defense, United States Department of the Army(Rocha, Dimitri) (Entered: 02/24/2011)
2011-03-2819MOTION with Memorandum in Support for Summary Judgment by John Eakin. (Attachments: # 1 Exhibit List, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit, # 7 Exhibit F, # 8 Exhibit, # 9 Exhibit G, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit H, # 20 Exhibit J, # 21 mailing envelope). Motions referred to Judge Nancy Stein Nowak. (rg) (Entered: 03/29/2011)
2011-03-2820SUMMONS Returned Executed by John Eakin on the Chief, U.S. Army Litigation Division on 1/18/2011. (rg) (Entered: 03/30/2011)
2011-03-2821SUMMONS Returned Executed by John Eakin on John McHugh, Secretary of the Army on 1/18/2011. (rg) (Entered: 03/30/2011)
2011-04-0722Unopposed MOTION for Extension of Time to File Answer Defendants' Unopposed Motion for Extension of Time to Respond to Plaintiff's Motion for Summary Judgment by Robert M. Gates, John McHugh, United States Department of Defense, United States Department of the Army.. Motions referred to Judge Nancy Stein Nowak. (Rocha, Dimitri) (Entered: 04/07/2011)
2011-04-0723NOTICE Vacation Letter by Robert M. Gates, John McHugh, United States Department of Defense, United States Department of the Army (Rocha, Dimitri) (Entered: 04/07/2011)
2011-04-08Text Order GRANTING 22 Unopposed Motion for Extension of Time to Answer. Defendants shall have until April 29, 2011 to respond to Plaintiff's Motion for Summary Judgment. Entered by Judge Nancy Stein Nowak. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mbb) (Entered: 04/08/2011)
2011-04-2824Unopposed MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Summary Judgment by Robert M. Gates, John McHugh, United States Department of Defense, United States Department of the Army.. Motions referred to Judge Nancy Stein Nowak. (Rocha, Dimitri) (Entered: 04/28/2011)
2011-04-29Text Order GRANTING 24 Unopposed Motion for Extension of Time to File Response. Defendants shall have up to and including May 6, 2011 to respond to Plaintiff's Motion for Summary Judgment. Entered by Judge Nancy Stein Nowak. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mbb) (Entered: 04/29/2011)
2011-05-0625Response in Opposition to Motion, filed by Robert M. Gates, John McHugh, United States Department of Defense, United States Department of the Army, re 19 MOTION for Summary Judgment filed by Plaintiff John Eakin and Defendants' Cross-Motion for Summary Judgment (Attachments: # 1 Exhibit A - FOIA Req to Dept of Defense, # 2 Exhibit B - FOIA Req to Army, # 3 Exhibit C - Chambers signed declaration)(Rocha, Dimitri) (Entered: 05/06/2011)
2011-05-0625CROSS-MOTION for Summary Judgment by Robert M. Gates, John McHugh, United States Department of Defense, United States Department of the Army. (moton contained in the response, document #25) Motions referred to Judge Nancy Stein Nowak. (rg). Modified on 5/17/2011 to add document number (rg). (Entered: 05/17/2011)
2011-05-1726MOTION to Strike 25 The Declaration of Dr. Cynthia A. Chambers - Exhibit C - contained in Defendant's Response by John Eakin. Motions referred to Judge Nancy Stein Nowak. (rg) (Entered: 05/17/2011)
2011-05-1727Response in Opposition to Cross-Motion, filed by John Eakin, re 25 CROSS-MOTION for Summary Judgment filed by Defendant United States Department of Defense, Defendant Robert M. Gates, Defendant United States Department of the Army, Defendant John McHugh (Attachments: # 1 Exhibit A, # 2 Exhibit B)(rg) (Entered: 05/17/2011)
2011-05-2428REPLY to Response to 19 Motion, filed by Robert M. Gates, John McHugh, United States Department of Defense, United States Department of the Army, re 25 MOTION for Summary Judgment filed by Defendant United States Department of Defense, Defendant Robert M. Gates, Defendant United States Department of the Army, Defendant John McHugh, 26 MOTION to Strike 25 Response in Opposition to Motion, filed by Plaintiff John Eakin (Attachments: # 1 Exhibit D, # 2 Exhibit E)(Rocha, Dimitri) Modified on 5/25/2011. to link to doc #19 (rf). (Entered: 05/24/2011)
2011-05-3129REPLY to Response to Motion, filed by John Eakin, re 26 MOTION to Strike 25 Response in Opposition to Motion, filed by Plaintiff John Eakin. (rg) (Entered: 05/31/2011)
2011-10-1230OPPOSED MOTION to Strike 25 Defendant's Response in Opposition to Motion for partial summary judgment and Defendant's cross-motion for summary judgment and motion for sanctions, 28 Reply to Response to Motion by John Eakin. Motions referred to Judge Nancy Stein Nowak. (rg) (Entered: 10/13/2011)
2011-10-2631MOTION to Strike Plaintiff's Rule 11 Motion for Sanctions and Memorandum in Opposition to Motion, filed by Robert M. Gates, John McHugh, United States Department of Defense, United States Department of the Army, re 30 MOTION to Strike 25 Response in Opposition to Motion, 28 Reply to Response to Motion,, MOTION to Strike 25 Response in Opposition to Motion, 28 Reply to Response to Motion,, filed by Plaintiff John Eakin and Defendants' Motion to Strike Plaintiff's Rule 11 Motion for Sanctions (Attachments: # 1 Exhibit F, # 2 Exhibit G)(Rocha, Dimitri) Modified on 10/27/2011, to add relief (rf). (Entered: 10/26/2011)
2011-10-3132REPLY to Response to Motion, filed by John Eakin, re 30 MOTION to Strike 25 Response in Opposition to Motion, 28 Reply to Response to Motion, MOTION to Strike 25 Response in Opposition to Motion, 28 Reply to Response to Motion, filed by Plaintiff John Eakin. (rg) (Entered: 11/01/2011)
2011-11-2333ORDER DENYING as moot 31 Motion to Strike. Signed by Judge Nancy Stein Nowak. (rg) (Entered: 11/23/2011)
2011-11-2834REPORT AND RECOMMENDATIONS re 30 Motion to Strike, filed by John Eakin, be DENIED; 25 Motion for Summary Judgment, filed by United States Department of Defense, Robert M. Gates, United States Department of the Army, John McHugh, be GRANTED; 19 Motion for Summary Judgment, filed by John Eakin, be DENIED; 26 Motion to Strike filed by John Eakin be GRANTED. Signed by Judge Nancy Stein Nowak. (mailed on 11/28/2011 by certified mail, or sent via electronic transmittal)(rg) (Entered: 11/28/2011)
2011-11-2835ORDERED that this case is RETURNED to the district court for all purposes. CASE NO LONGER REFERRED to Magistrate Judge Nancy Stein Nowak. Signed by Judge Nancy Stein Nowak. (rg) (Entered: 11/28/2011)
2011-11-2836Certified Mail Receipt #7005 1160 0005 0490 5117 addressed to John Eakin on the RR, Document #34. (rg) (Entered: 11/28/2011)
2011-11-2837MOTION to Compel Production, MOTION to Amend Scheduling Order by John Eakin. (rf) (Entered: 11/29/2011)
2011-11-2838Memorandum in Support of 37 MOTION to Compel MOTION to Amend/Correct by John Eakin. (rf) (Entered: 11/29/2011)
2011-12-0139Certified mail acknowledgment receipt for magistrate report and recommendations re 34 Report and Recommendations, as to John Eakin. (rg) (Entered: 12/02/2011)
2011-12-0940OBJECTIONS to 34 Report and Recommendations by John Eakin. (rg) (Entered: 12/12/2011)
2011-12-1241OBJECTIONS to 34 Report and Recommendations - Partial and 40 Response to Plaintiff's Objections to the Magistrate's Report and Recommendation by Robert M. Gates, John McHugh, United States Department of Defense, United States Department of the Army.. (Rocha, Dimitri) Modified on 12/13/2011 to create link to document #40 (rg). (Entered: 12/12/2011)
2011-12-1342Response in Opposition to Motion, filed by Robert M. Gates, John McHugh, United States Department of Defense, United States Department of the Army, re 37 MOTION to Compel MOTION to Amend/Correct filed by Plaintiff John Eakin (Rocha, Dimitri) (Entered: 12/13/2011)
2011-12-1643REPLY to 42 Defendant's Response in Opposition to Motion to Compel and to Amend Scheduling Order, and to 41 Objection to Report and Recommendations, by John Eakin. (rg) (Entered: 12/16/2011)
2012-01-1944SUPPLEMENT to 37 Opposed MOTION to Compel Production or Allow Discovery by John Eakin. (rg) (Entered: 01/19/2012)
2012-01-2345ORDER ADOPTING REPORT AND RECOMMENDATIONS for 34 Report and Recommendations. This case is DISMISSED with Prejudice. Signed by Chief Judge Fred Biery. (rf) (Entered: 01/23/2012)
2012-01-2346JUDGMENT. Signed by Chief Judge Fred Biery. (rf) (Entered: 01/23/2012)
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by FOIA Project Staff
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