Skip to content

Case Detail

[Subscribe to updates]
Case TitleMarshall v. Bureau of Alcohol, Tobacco, Firearms and Explosives et al
DistrictSouthern District of Florida
CityMiami
Case Number1:2010cv21424
Date Filed2010-05-03
Date Closed2011-10-24
JudgeJudge Ursula Ungaro
PlaintiffAndrew David Marshall
Prisoner ID: 78814-004
DefendantBureau of Alcohol, Tobacco, Firearms and Explosives
TERMINATED: 08/23/2011
DefendantBureau of Alcohol, Tobacco, Firearms and Explosives
DefendantMiami Federal Detention Center
DefendantFederal Bureau of Prisons
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2010-05-031Original COMPLAINT against Bureau of Alcohol, Tobacco, Firearms and Explosives, Miami Federal Detention Center. Filing fee $ 350.00, filed by Andrew David Marshall. (Attachments: # 1 Civil Cover Sheet)(ebs) (Entered: 05/03/2010)
2010-05-032Judge Assignment RE: Electronic Complaint to Judge Ursula Ungaro (ebs) (Entered: 05/03/2010)
2010-05-033Clerks Notice of Magistrate Judge Assignment to Magistrate Judge Andrea M. Simonton. (ebs) (Entered: 05/03/2010)
2010-05-044ORDER REFERRING CASE to Magistrate Judge Andrea M. Simonton. Signed by Judge Ursula Ungaro on 5/5/10. (mg) (Entered: 05/04/2010)
2010-05-065Clerks Notice of Receipt of Filing Fee received on 5/6/2010 in the amount of $ 350.00, receipt number 288 (mg) (Entered: 05/07/2010)
2010-06-086MOTION for Special Hearing, and MOTION for Extension of Time to Effectuate Service by Andrew David Marshall. (mg) (Entered: 06/08/2010)
2010-06-227Letter to Clerk regarding summons and complaint from Andrew Marshall (ls) (Entered: 06/22/2010)
2010-06-248ORDER denying without prejduice 6 Plaintiff's Motion for Special Hearing; denying without prejudice 6 Plaintiff's Motion for Extension of Time to Effectuate Service. Signed by Magistrate Judge Andrea M. Simonton on 6/24/2010. (dlt) (Entered: 06/24/2010)
2010-06-289Summons Issued as to Miami Federal Detention Center. (ls) (Entered: 06/29/2010)
2010-06-2810Summons Issued as to Bureau of Alcohol, Tobacco, Firearms and Explosives (ls) (Entered: 06/29/2010)
2010-07-1311NOTICE of Change of Address by Andrew David Marshall (System updated) (tp) (Entered: 07/13/2010)
2010-08-1112ANSWER to Complaint by Bureau of Alcohol, Tobacco, Firearms and Explosives.(Raurell, Carlos) (Entered: 08/11/2010)
2010-08-1113MOTION to Dismiss 1 Complaint by Miami Federal Detention Center. Responses due by 8/30/2010 (Attachments: # 1 Exhibit Greene Declaration)(Raurell, Carlos) (Entered: 08/11/2010)
2010-08-1314ORDER REFERRING MOTION: 13 MOTION to Dismiss 1 Complaint filed by Miami Federal Detention Center Motions referred to Andrea M. Simonton. Signed by Judge Ursula Ungaro on 8/13/2010. (ail) (Entered: 08/16/2010)
2010-08-1815ORDER TRANSFERRING CASE to Magistrate Judge Jonathan Goodman for all further proceedings, accepted and signed on 8/18/2010. Magistrate Judge Andrea M. Simonton no longer assigned to case. Signed by Magistrate Judge Andrea M. Simonton on 8/18/2010. (dlt) (Entered: 08/18/2010)
2010-09-1616REPLY to Responses 12 Answer to Complaint by Andrew David Marshall. (mg) (Entered: 09/16/2010)
2010-09-1617ORDER OF INSTRUCTIONS TO PRO SE LITIGANT. Signed by Magistrate Judge Jonathan Goodman on 9/16/2010. (eg) (Entered: 09/16/2010)
2010-09-1618ORDER OF INSTRUCTIONS TO PRO SE LITIGANT re 13 Defendants' motion to dismiss or for summary judgment, which the Court will treat as a motion for summary judgment. In addition to providing the plaintiff with all court orders, the Clerk is directed to provide the plaintiff with a copy of the attached document. Signed by Magistrate Judge Jonathan Goodman on 9/16/2010. (Attachments: # 1 Defendants' Motion, which the Court will treat as a motion for summary judgment, and accompanying declaration.) (eg) (Entered: 09/16/2010)
2010-09-2219Letter from Andrew Marshall (mg) (Entered: 09/22/2010)
2010-09-2920MOTION for Extension of Time to File Response/Reply as to 13 MOTION to Dismiss 1 Complaint/MOTION for summary judgment by Andrew David Marshall. (lk) (Entered: 09/29/2010)
2010-09-2921ORDER granting 20 Motion for Extension of Time to File Response re 13 MOTION to Dismiss 1 Complaint, which the Court will treat as a motion for summary judgment. Response due by 11/18/2010. Signed by Magistrate Judge Jonathan Goodman on 9/29/2010. (eg) (Entered: 09/29/2010)
2010-09-2922MOTION to Produce 3 attachments from FDC-Miami for petitioner to respond to Motion to dismiss 13 by Andrew David Marshall. (lk) (Entered: 09/30/2010)
2010-09-3023NOTICE of FILING MISSING ATTACHMENTS to Declaration of Christine Greene by Miami Federal Detention Center re 13 MOTION to Dismiss 1 Complaint (Attachments: # 1 Exhibit)(Raurell, Carlos) Modified text on 10/1/2010 (asl). (Entered: 09/30/2010)
2010-10-0424ORDER denying as moot 22 Motion to Produce. Signed by Magistrate Judge Jonathan Goodman on 10/4/2010. (eg) (Entered: 10/04/2010)
2010-10-0425AMENDED RESPONSE re 16 Response to 12 ANSWER to Complaint by Andrew David Marshall. (ral) (Entered: 10/05/2010)
2010-10-1826AMENDED RESPONSE to 13 MOTION to Dismiss 1 Complaint by Andrew David Marshall. (ral) (Entered: 10/18/2010)
2010-10-1827AFFIDAVIT/Declaration signed by : Andrew Marshall. by Andrew David Marshall (ral) (Entered: 10/18/2010)
2010-11-0928NOTICE of Change of Address by Andrew David Marshall. System Updated. (ral) (Entered: 11/09/2010)
2011-01-3129REPORT AND RECOMMENDATIONS re 13 MOTION to Dismiss 1 Complaint filed by Miami Federal Detention Center. Recommending that the motion be denied. Signed by Magistrate Judge Jonathan Goodman on 1/31/2011. (eg) (Entered: 01/31/2011)
2011-01-3130VACATED PER 54 ORDER; SCHEDULING ORDER: Amended Pleadings due by 5/20/2011. Discovery due by 5/6/2011. Joinder of Parties due by 5/20/2011. Dispositive Motions due by 6/1/2011. Plaintiff's Pretrial Statement due by 7/1/2011. Defendant's Pretrial Statement due by 7/29/2011.; ORDER REFERRING CASE to Mediation. Mediation Deadline 3/11/2011.; ORDER DIRECTING CLERK TO APPOINT MEDIATOR. Signed by Magistrate Judge Jonathan Goodman on 1/31/2011. (eg) Modified text to reflect entry has been VACATED on 5/2/2011 (ral). (Entered: 01/31/2011)
2011-01-3131Clerk's Appointment of Mediator: Ainslee R. Ferdie added (pt) (Entered: 01/31/2011)
2011-02-0132Clerk's Amended Notice of Appointment of Mediator: Ainslee R. Ferdie appointed; amending 31 Notice of Appointment of Mediator (wc) (Entered: 02/01/2011)
2011-02-1433OBJECTIONS to 29 Report and Recommendations by Miami Federal Detention Center. (Raurell, Carlos) (Entered: 02/14/2011)
2011-02-1534Defendant's MOTION to be Excused from Mediation by Bureau of Alcohol, Tobacco, Firearms and Explosives, Miami Federal Detention Center. (Raurell, Carlos) (Entered: 02/15/2011)
2011-02-2435STATUS REPORT ORDER: Status Report due by 3/3/2011. Signed by Magistrate Judge Jonathan Goodman on 2/24/2011. (eg) (Entered: 02/24/2011)
2011-03-0136Notice of Mediation Hearing before Mediator, Ainslee R. Ferdie filed by Ainslee R. Ferdie. Mediation Hearing set for 3/10/2011 02:00 PM (Ferdie, Ainslee) (Entered: 03/01/2011)
2011-03-0337STATUS REPORT by Bureau of Alcohol, Tobacco, Firearms and Explosives, Miami Federal Detention Center (Raurell, Carlos) (Entered: 03/03/2011)
2011-03-0438PAPERLESS ORDER: Having reviewed the Defendants' status report 37 , and in light of the representations contained therein, Defendants' motion to be excused from mediation 34 is granted. Defendants' counsel shall promptly inform all parties, including the mediator, that mediation is canceled. Signed by Magistrate Judge Jonathan Goodman on 3/4/2011. (eg) (Entered: 03/04/2011)
2011-03-1839ORDER ADOPTING 29 MAGISTRATE'S REPORT AND RECOMMENDATIONS; denying 13 Motion to Dismiss; Summary Judgment is Granted in favor of Plaintiff on the issue of the Administrative Remedy and Response Indexes. Signed by Judge Ursula Ungaro on 3/18/2011. (ral) (Entered: 03/21/2011)
2011-03-2240ORDER Setting Status Conference: Status Conference set for 3/25/2011 10:30 AM in Miami Division before Judge Ursula Ungaro. Signed by Judge Ursula Ungaro on 3/21/2011. (ral) (Entered: 03/22/2011)
2011-03-2341Writ of Habeas Corpus ad Testificandum Issued as to Andrew David Marshall for 3/25/11. Signed by Judge Ursula Ungaro on 3/21/2011. (ral) (Entered: 03/24/2011)
2011-03-2542ORDER Setting Status Conference: Status Conference set for 4/22/2011 10:00 AM in Miami Division before Judge Ursula Ungaro. Signed by Judge Ursula Ungaro on 3/25/2011. (lk) (Entered: 03/26/2011)
2011-03-2943MOTION/PETITION for Writ of Habeas Corpus ad testificandum by Bureau of Alcohol, Tobacco, Firearms and Explosives, Miami Federal Detention Center. (ral) (Entered: 03/30/2011)
2011-03-3144MOTION for Reconsideration re 39 Order Adopting Report and Recommendations, by Miami Federal Detention Center. (Raurell, Carlos) (Entered: 03/31/2011)
2011-03-3145ANSWER to Complaint by Miami Federal Detention Center.(Raurell, Carlos) (Entered: 03/31/2011)
2011-04-0146Case Reassignment of Paired Magistrate Judge pursuant to Administrative Orders 2010-145 and 2011-18 to Magistrate Judge Edwin G. Torres. Magistrate Judge Jonathan Goodman no longer assigned to case. (vp) (Entered: 04/07/2011)
2011-04-0747ORDER Setting Status Conference: Status Conference set for 4/29/2011 10:30 AM in Miami Division before Judge Ursula Ungaro. Signed by Judge Ursula Ungaro on 4/6/2011. (ral) (Entered: 04/07/2011)
2011-04-0748Writ of Habeas Corpus ad Testificandum Issued as to Andrew David Marshall for 4/29/11. Signed by Judge Ursula Ungaro on 4/6/2011. (ral) (Entered: 04/08/2011)
2011-04-1549RESPONSE in Opposition re 44 MOTION for Reconsideration re 39 Order Adopting Report and Recommendations and for Dismissal as Moot filed by Andrew David Marshall. (bb) (Entered: 04/18/2011)
2011-04-2050MOTION to Amend 1 Original Complaint by Andrew David Marshall. Responses due by 5/9/2011 (dm) (Entered: 04/21/2011)
2011-04-2051AMENDED COMPLAINT against Bureau of Alcohol, Tobacco, Firearms and Explosives, Miami Federal Detention Center, Federal Bureau of Prisons, filed by Andrew David Marshall.(dm) (Entered: 04/21/2011)
2011-04-2652ORDER on Motion for Reconsideration; denying 44 Motion for Reconsideration. Signed by Judge Ursula Ungaro on 4/25/2011. (ral) (Entered: 04/26/2011)
2011-04-2953ORDER on Motion to Amend; denying 50 Motion for Leave to Amend Original Complaint. Signed by Judge Ursula Ungaro on 4/29/2011. (ral) (Entered: 05/02/2011)
2011-04-2954ORDER Vacating 30 Scheduling Order. Signed by Judge Ursula Ungaro on 4/29/2011. (ral) (Entered: 05/02/2011)
2011-04-2955ORDER Requiring Filing of Dispositive Motions; (Dispositive Motions (Summary Judgment) due by 5/27/2011.). Signed by Judge Ursula Ungaro on 4/29/2011. (ral) (Entered: 05/02/2011)
2011-05-0456SCHEDULING ORDER: Pretrial Conference set for 7/29/2011 11:00 AM in Miami Division before Judge Ursula Ungaro. Trial set for 8/29/2011 before Judge Ursula Ungaro. Calendar Call set for 8/24/2011 01:00 PM before Judge Ursula Ungaro. Joint Pretrial Stipulation due by 7/15/2011. Signed by Judge Ursula Ungaro on 5/3/2011. (ral) (Entered: 05/04/2011)
2011-05-2657MOTION for Summary Judgment by Miami Federal Detention Center. Responses due by 6/13/2011 (Attachments: # 1 Affidavit of Christine Greene, # 2 Exhibit March 26, 2011 Letter from Plaintiff Marshall to BOP)(Raurell, Carlos) (Entered: 05/26/2011)
2011-05-2758MOTION for Extension of Time to move for summary judgment re 55 Order, Set/Reset Deadlines by Bureau of Alcohol, Tobacco, Firearms and Explosives. Responses due by 6/13/2011 (Raurell, Carlos) (Entered: 05/27/2011)
2011-06-0159SECOND MOTION for Leave to Amend 1 Complaint by Andrew David Marshall. Responses due by 6/20/2011 (yha) (Entered: 06/02/2011)
2011-06-0160SECOND AMENDED COMPLAINT against Bureau of Alcohol, Tobacco, Firearms and Explosives, Federal Bureau of Prisons, Miami Federal Detention Center, filed by Andrew David Marshall.(yha) (Entered: 06/02/2011)
2011-06-1061MOTION for Summary Judgment by Bureau of Alcohol, Tobacco, Firearms and Explosives. Responses due by 6/27/2011 (Attachments: # 1 Affidavit Declaration of Marylin LaBrie, # 2 Exhibit Vaughn Index)(Raurell, Carlos) (Entered: 06/10/2011)
2011-06-1362ORDER granting 58 Motion for Extension of Time to File Motion for Summary Judgment; Motion due 6/10/2011. Signed by Judge Ursula Ungaro on 6/13/2011 nunc pro tunc 6/10/2011. (ls) (Entered: 06/13/2011)
2011-06-1363ORDER denying 59 Second Motion to Amend/Correct 1 Complaint. Signed by Judge Ursula Ungaro on 6/13/2011. (ls) (Entered: 06/13/2011)
2011-06-1364MOTION to Stay Proceedings by Andrew David Marshall. Responses due by 6/30/2011 (yha) (Entered: 06/13/2011)
2011-06-1565ORDER denying 64 Motion to Stay Proceedings. Signed by Judge Ursula Ungaro on 6/15/2011. (ls) (Entered: 06/16/2011)
2011-06-2766OBJECTION and MOTION for Reconsideration re 63 Order on Motion to Amend/Correct by Andrew David Marshall. (yha) (Entered: 06/27/2011)
2011-06-2967ORDER denying 66 Motion for Reconsideration re 63 Order on Motion to Amend/Correct. Signed by Judge Ursula Ungaro on 6/29/2011. (ls) (Entered: 06/29/2011)
2011-07-0568OBJECTIONS to 65 Order on Motion to Stay by Andrew David Marshall. (yha) (Entered: 07/06/2011)
2011-07-0569MOTION for Reconsideration re 65 Order on Motion to Stay. See 68 for image by Andrew David Marshall. (yha) (Entered: 07/06/2011)
2011-07-0670Notice of Pendency of Other Action by Bureau of Alcohol, Tobacco, Firearms and Explosives (Raurell, Carlos) (Entered: 07/06/2011)
2011-07-0671RESPONSE in Opposition re 57 MOTION for Summary Judgment filed by Andrew David Marshall. (jua) (Entered: 07/07/2011)
2011-07-0672Declaration by Andrew David Marshall (jua) (Entered: 07/07/2011)
2011-07-0673RESPONSE in Opposition re 61 MOTION for Summary Judgment filed by Andrew David Marshall. (jua) (Entered: 07/07/2011)
2011-07-0674Declaration by Andrew David Marshall (jua) (Entered: 07/07/2011)
2011-07-0775ORDER denying 69 Motion for Reconsideration re 65 Order on Motion to Stay. Signed by Judge Ursula Ungaro on 7/7/2011. (ls) (Entered: 07/07/2011)
2011-07-1576Proposed Findings of Fact and Proposed Conclusions of Law by Bureau of Alcohol, Tobacco, Firearms and Explosives. (Raurell, Carlos) (Entered: 07/15/2011)
2011-07-1577Proposed Findings of Fact and Proposed Conclusions of Law by Miami Federal Detention Center. (Raurell, Carlos) (Entered: 07/15/2011)
2011-07-1578Defendant's MOTION to Stay re 56 Scheduling Order, by Bureau of Alcohol, Tobacco, Firearms and Explosives, Miami Federal Detention Center. Responses due by 8/1/2011 (Raurell, Carlos) (Entered: 07/15/2011)
2011-07-1879REPLY to Response to Motion re 57 MOTION for Summary Judgment filed by Miami Federal Detention Center. (Raurell, Carlos) (Entered: 07/18/2011)
2011-07-1880MOTION for Extension of Time to File Response/Reply by Bureau of Alcohol, Tobacco, Firearms and Explosives. (Raurell, Carlos) (Entered: 07/18/2011)
2011-07-2181ORDER granting in part and denying in part 78 Motion to Stay Trial Pending Adjudication of Motions for Summary Judgment. Signed by Judge Ursula Ungaro on 7/21/2011. (ls) (Entered: 07/22/2011)
2011-07-2282ORDER denying as moot 80 Motion for Extension of Time to File Response/Reply as to Defendant's Motion for Summary Judgment. Signed by Judge Ursula Ungaro on 7/22/2011. (ls) (Entered: 07/22/2011)
2011-07-2583REPLY to Response to Motion re 61 MOTION for Summary Judgment filed by Bureau of Alcohol, Tobacco, Firearms and Explosives. (Raurell, Carlos) (Entered: 07/25/2011)
2011-08-2384NOTICE by Bureau of Alcohol, Tobacco, Firearms and Explosives re 61 MOTION for Summary Judgment Notice of Filing Missing Exhibits (Attachments: # 1 Exhibit A through P)(Raurell, Carlos) (Entered: 08/23/2011)
2011-08-2385ORDER denying 57 Motion for Summary Judgment; denying 61 Motion for Summary Judgment; Dismissing as Moot Plaintiff's Claims against ATF; Dismissing as Moot Plaintiff's Claims under the FOIA and the Privacy Act against FDC, except as they relate to request for surveillance video recorded 2/23/2008; FDC's Affidavit or Declaration due by 9/22/2011. Signed by Judge Ursula Ungaro on 8/23/2011. (ls) (Entered: 08/23/2011)
2011-08-2486ORDER Resetting Pretrial Conference: ( Pretrial Conference reset for 11/4/2011 11:00 AM in Miami Division before Judge Ursula Ungaro.). Signed by Judge Ursula Ungaro on 8/24/2011. (ls) (Entered: 08/24/2011)
2011-09-1487Defendant's MOTION to Dismiss for Lack of Jurisdiction 1 Complaint by Federal Bureau of Prisons, Miami Federal Detention Center. Responses due by 10/3/2011 (Attachments: # 1 Affidavit Declaration of Special Investigative Agent Best)(Raurell, Carlos) (Entered: 09/14/2011)
2011-09-1988OBJECTIONS to 85 Order on Motion for Summary Judgment by Andrew David Marshall. (jua) (Entered: 09/19/2011)
2011-09-2689ORDER Denying Motion for Reconsideration re 88 Response/Reply (Other) filed by Andrew David Marshall. Signed by Judge Ursula Ungaro on 9/26/2011. (ls) (Entered: 09/27/2011)
2011-10-2490Administrative Order Closing Case and denying as moot all pending motions. Signed by Judge Ursula Ungaro on 10/24/2011. (tp) (Entered: 10/24/2011)
2011-10-2491ORDER Granting re 87 Defendant's MOTION to Dismiss for Lack of Jurisdiction 1 Complaint filed by Federal Bureau of Prisons, Miami Federal Detention Center. Signed by Judge Ursula Ungaro on 10/24/2011. (ls) (Entered: 10/25/2011)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar