Case Detail

FOIA Project Annotation: A federal court in Florida has ruled that by failing to conduct an adequate search for records explaining why the pension benefits for Joseph and Maureen Bory were reduced the Railroad Retirement Board implicitly withheld responsive records requiring the agency to provide the Borys with appeals rights. In response to the Borys' 2009 FOIA requests, the Board provided forms containing information regarding the payment of annuities and directed them to its website for further information. Finding the response inadequate, the Borys filed an administrative appeal. The Borys subsequently filed suit, arguing the agency had failed to provide responsive information and that they constructively exhausted administrative remedies because the agency did not inform them of their right to appeal. The agency argued that during the litigation it had disclosed further records, including some records not in existence at the time of the original requests. The Borys pointed to records in their possession that were not disclosed as a result of their requests. The court noted that "the existence of these documents calls into question Defendant's assertions that its search of three different central databases using Plaintiffs' social security number and the production of documents it located as a result was adequate to uncover all relevant documents. . .such that it was not required to notify them of their right to appeal under the FOIA." Aside from the records the Borys already had, the agency released a number of other records as the litigation progressed. Faced with these other records, the court noted that "the existence of so many additional documents cannot support a finding that Defendant's initial search was reasonably calculated to uncover all responsive documents relevant to the reduction of Plaintiffs' benefits in 2008." The court observed that "on the basis of the record before it, the Court finds that Plaintiffs have established that Defendant improperly withheld records subject to FOIA release because the search they conducted was not reasonably calculated to discover all responsive documents." The court added that "there is no indication in the record that the employees responsible for responding to Plaintiffs' FOIA requests ever consulted with other employees handling Plaintiffs benefit claims to attempt to determine if they possessed any other records relevant to the calculation of the Plaintiffs' benefits." The court concluded that because the agency's search was incomplete, it was required to provide the Borys with notice of their right to appeal.
Issues: Adequacy - Search

FOIA Project Annotation: A federal court in Florida has ruled that the Joseph and Maureen Bory are entitled to $66,000 in attorney's fees and costs in their FOIA suit against the U.S. Railroad Retirement Board for an explanation of how Joseph Bory's retirement benefits were calculated. Although the agency argued the Borys' brought their litigation for personal reasons, the court agreed with the Borys that the suit had increased understanding of the agency's benefit calculations within the railroad retiree community. The court noted that Bory had made efforts "to keep the railroad retirement community apprised of the progress of this litigation with the hope that some changes would occur in the process by which the Railroad Retirement Board handles proceedings concerning calculations of benefits. Plaintiffs' persistence in this litigation, involvement with the railroad retiree community, and communications about the lawsuit confer a public benefit, in addition to a private one. Plaintiffs financed this litigation themselves, and their expressions of intent to benefit other railroad retirees and change the agency's culture, as well as to understand why their benefits were reduced, are supported by the record." The court also found the agency's position unreasonable. The court observed that it had rejected the agency's claims that "it had produced the entire file, [and that] it did not have to notify the requester of the right to appeal, [as] unfair and inconsistent with the purposes of the FOIA."
Issues: Litigation - Attorney's fees - Entitlement - Public benefit

Date Filed	Doc #	Docket Text
2009-11-23	1	COMPLAINT for relief against U.S. Railroad Retirement Board (Filing fee $ 350 receipt number J33886) filed by Joseph Bory, Maureen Bory.(MGG) (Entered: 11/24/2009)
2009-11-23		Summons issued as to U.S. Railroad Retirement Board. (MGG) (Entered: 11/24/2009)
2009-11-24	2	AMENDED STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by All Divisional Judges on 5/25/2005. (MGG) (Entered: 11/24/2009)
2009-12-02	3	NOTICE of designation under Local Rule 3.05 - track 2. Signed by Deputy Clerk on 12/2/2009. (Attachments: # 1 Case Management Report)(JAE) (Entered: 12/02/2009)
2009-12-02	4	INTERESTED PERSONS ORDER. Certificate of interested persons and corporate disclosure statement due by 12/16/2009. Signed by Senior Judge Howell W. Melton on 12/2/2009. (JAE) (Entered: 12/02/2009)
2009-12-15	5	CERTIFICATE of interested persons and corporate disclosure statement re 4 Interested persons order by Joseph Bory, Maureen Bory. (Delegal, Thomas) (Entered: 12/15/2009)
2010-02-01	6	Unopposed MOTION for extension of time to file response/reply as to 1 Complaint by U.S. Railroad Retirement Board. (Rodriguez, Roberto) Motions referred to Magistrate Judge Monte C. Richardson. (Entered: 02/01/2010)
2010-02-03	7	ENDORSED ORDER granting 6 Motion for extension of time to file response/reply. Defendant shall file its response to the Complaint no later than 2/16/2010. Signed by Magistrate Judge Monte C. Richardson on 2/3/2010. (MOH) (Entered: 02/03/2010)
2010-02-16	8	CERTIFICATE of interested persons and corporate disclosure statement by U.S. Railroad Retirement Board. (Rodriguez, Roberto) (Entered: 02/16/2010)
2010-02-16	9	MOTION to dismiss by U.S. Railroad Retirement Board. (Attachments: # 1 Exhibit Declaration of Steven A. Bartholow and Exhibits)(Rodriguez, Roberto) (Entered: 02/16/2010)
2010-03-02	10	MEMORANDUM in opposition re 9 Motion to dismiss filed by Joseph Bory, Maureen Bory. (Delegal, Thomas) (Entered: 03/02/2010)
2010-03-12	11	NOTICE of Hearing on 9 MOTION to dismiss : Motion Hearing set for 3/24/2010 at 10:00 AM in Jacksonville Courtroom 12 A before Senior Judge Howell W. Melton. (JAE) (Entered: 03/12/2010)
2010-03-24	12	Unopposed MOTION for miscellaneous relief, specifically Continuance by Joseph Bory, Maureen Bory. (Delegal, Thomas) (Entered: 03/24/2010)
2010-03-31	13	ENDORSED ORDER granting 12 Motion to continue hearing and rescheduling hearing on Defendant's Motion to Dismiss (Doc. 9) for Wednesday, April 7, 2010, at 10:30 a.m. in Courtroom 12A. Signed by Senior Judge Howell W. Melton on 3/31/2010. (JAE) (Entered: 03/31/2010)
2010-04-07	14	Minute Entry. Proceedings held before Senior Judge Howell W. Melton: Motion Hearing held on 4/7/2010 re 9 MOTION to dismiss filed by U.S. Railroad Retirement Board. Court Reporter: Shelli Kozachenko (VMF) (Entered: 04/07/2010)
2010-04-14	15	ORDER granting 9 Motion to dismiss with leave to amend as to Count I by 5/5/10. Signed by Senior Judge Howell W. Melton on 4/14/2010. (JAE) (Entered: 04/14/2010)
2010-04-27	16	RETURN of service executed on 12/1/2009 by Joseph Bory, Maureen Bory as to U.S. Railroad Retirement Board. (TS) (Entered: 04/28/2010)
2010-05-05	17	AMENDED COMPLAINT FOR RELIEF against U.S. Railroad Retirement Board filed by Joseph Bory, Maureen Bory. Related document: 1 Complaint filed by Maureen Bory, Joseph Bory.(Delegal, Thomas) (Entered: 05/05/2010)
2010-05-27	18	MOTION to dismiss and Memorandum of Law in Support in Response to Plaintiffs' Amended Complaint for Relief by U.S. Railroad Retirement Board. (Attachments: # 1 Exhibit A Certified Copy of Borys RRB Records)(Rodriguez, Roberto) (Entered: 05/27/2010)
2010-06-10	19	RESPONSE to motion re 18 MOTION to dismiss and Memorandum of Law in Support in Response to Plaintiffs' Amended Complaint for Relief filed by Joseph Bory, Maureen Bory. (Delegal, Thomas) (Entered: 06/10/2010)
2010-07-01	20	NOTICE of Hearing on 18 MOTION to dismiss Plaintiffs' Amended Complaint. Motion Hearing set for 7/21/2010 at 10:30 AM in Jacksonville Courtroom 12 A before Senior Judge Howell W. Melton. (JAE) (Entered: 07/01/2010)
2010-07-21	21	Minute Entry. Proceedings held before Senior Judge Howell W. Melton: Motion Hearing held on 7/21/2010 re 18 MOTION to dismiss and Memorandum of Law in Support in Response to Plaintiffs' Amended Complaint for Relief filed by U.S. Railroad Retirement Board. Court Reporter: Esquire Deposition Solutions (VMF) (Entered: 07/21/2010)
2010-07-22	22	ORDER denying 18 Motion to dismiss. Signed by Senior Judge Howell W. Melton on 7/22/2010. (JAE) (Entered: 07/22/2010)
2010-08-11	23	Unopposed MOTION for extension of time to file response/reply as to 17 Amended complaint by U.S. Railroad Retirement Board. (Rodriguez, Roberto) Motions referred to Magistrate Judge Monte C. Richardson. (Entered: 08/11/2010)
2010-08-16	24	ENDORSED ORDER granting 23 Motion for extension of time to file response/reply. Defendant shall file its response to the Amended Complaint 17 no later than 8/20/2010. Signed by Magistrate Judge Monte C. Richardson on 8/16/2010. (MOH) (Entered: 08/16/2010)
2010-08-20	25	MOTION for summary judgment by U.S. Railroad Retirement Board. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(Rodriguez, Roberto) (Entered: 08/20/2010)
2010-09-07	26	Unopposed MOTION for extension of time to file response/reply to Defendant's Motion for Summary Judgment by Joseph Bory, Maureen Bory. (Delegal, Thomas) Motions referred to Magistrate Judge Monte C. Richardson. (Entered: 09/07/2010)
2010-09-07	27	ENDORSED ORDER granting 26 Motion for extension of time to file response. Plaintiffs shall file their response to 25 Defendant's Motion for summary judgment no later than 9/14/2010. Signed by Magistrate Judge Monte C. Richardson on 9/7/2010. (MOH) (Entered: 09/07/2010)
2010-09-13	28	Unopposed MOTION to stay the Filing of a Case Management Report by U.S. Railroad Retirement Board. (Rodriguez, Roberto) (Entered: 09/13/2010)
2010-09-14	29	ENDORSED ORDER granting 28 Motion to stay filing of case management report. Signed by Senior Judge Howell W. Melton on 9/14/2010. (JAE) (Entered: 09/14/2010)
2010-09-14	30	RESPONSE in opposition re 25 MOTION for summary judgment filed by Joseph Bory, Maureen Bory. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D - Part 1, # 5 Exhibit D - Part 2)(Delegal, Thomas) (Entered: 09/14/2010)
2010-10-14	31	NOTICE of Hearing on Motion 25 MOTION for summary judgment and on status of pleadings: Motion Hearing set for 11/10/2010 at 10:30 AM in Jacksonville Courtroom 12 A before Senior Judge Howell W. Melton. (JAE) (Entered: 10/14/2010)
2010-11-05	32	Unopposed MOTION to extend time to Move the Motion Hearing Set for November 10, 2010 by U.S. Railroad Retirement Board. (Rodriguez, Roberto) (Entered: 11/05/2010)
2010-11-08	33	ENDORSED ORDER granting 32 unopposed Motion to reschedule hearing and rescheduling hearing on Defendant's motion for summary judgment (Doc. 25) for Wednesday, November 17, 2010, at 10:45 a.m. in Courtroom 12A.Signed by Senior Judge Howell W. Melton on 11/8/2010. (JAE) (Entered: 11/08/2010)
2010-11-17	34	Minute Entry. Proceedings held before Senior Judge Howell W. Melton: Motion Hearing held on 11/17/2010 re 25 MOTION for summary judgment filed by U.S. Railroad Retirement Board. Court Reporter: Shelli Kozachenko (PJG) (Entered: 11/17/2010)
2010-11-17	35	ORAL ORDER taking under advisement 25 Motion for summary judgment. Entered by Senior Judge Howell W. Melton on 11/17/2010. (PJG) (Entered: 11/17/2010)
2010-12-09	36	ORDER denying 25 Motion for summary judgment. Signed by Senior Judge Howell W. Melton on 12/8/2010. (JAE) (Entered: 12/09/2010)
2010-12-16	37	Unopposed MOTION for extension of time to file answer or otherwise plead re 17 Amended complaint and to File Case Management Report by U.S. Railroad Retirement Board. (Rodriguez, Roberto) Motions referred to Magistrate Judge Monte C. Richardson. (Entered: 12/16/2010)
2010-12-17	38	ENDORSED ORDER granting 37 Motion for extension of time. U.S. Railroad Retirement Board answer due 1/12/2011; parties' case management report due 1/24/11. Signed by Senior Judge Howell W. Melton on 12/17/2010. (JAE) (Entered: 12/17/2010)
2011-01-19	39	ANSWER and affirmative defenses to 17 Amended complaint by U.S. Railroad Retirement Board.(Rodriguez, Roberto) (Entered: 01/19/2011)
2011-01-24	40	MOTION to stay discovery and filing Case Management Report and Redesignation to Track One by U.S. Railroad Retirement Board. (Rodriguez, Roberto) Motions referred to Magistrate Judge Monte C. Richardson. (Entered: 01/24/2011)
2011-02-07	41	RESPONSE in opposition re 40 MOTION to stay discovery and filing Case Management Report and Redesignation to Track One filed by Joseph Bory, Maureen Bory. (Delegal, Thomas) (Entered: 02/07/2011)
2011-03-08	42	ORDER denying 40 Motion to stay discovery and directing the filing of a Case Management Report by April 4, 2011. Signed by Senior Judge Howell W. Melton on 3/7/2011. (JAE) (Entered: 03/08/2011)
2011-03-25	43	CASE MANAGEMENT REPORT. (Delegal, Thomas) (Entered: 03/25/2011)
2011-03-31	44	CASE MANAGEMENT AND SCHEDULING ORDER: Joinder of Parties due by 5/22/2011, Mediation order to enter 10/1/2011, Discovery due by 11/1/2011, Dispositive motions due by 12/12/2011, Pretrial statement due by 4/9/2012, Final Pretrial Conference set for 4/18/2012 at 10:30 AM in Jacksonville Courtroom 12 A before Senior Judge Howell W. Melton. Signed by Senior Judge Howell W. Melton on 3/30/2011. (JAE) (Entered: 03/31/2011)
2011-04-28	45	CERTIFICATE of interested persons and corporate disclosure statement by Joseph Bory, Maureen Bory. (Delegal, Thomas) (Entered: 04/28/2011)
2011-05-31	46	NOTICE by Joseph Bory, Maureen Bory Of Service of Plaintiffs' First Set of Interrogatories to Defendant (Delegal, Thomas) Modified on 6/2/2011 (PAM). [Stricken and Deleted Per Order Doc. 47] (Entered: 05/31/2011)
2011-06-01	47	ORDER to strike re: 46 Notice (Other) filed by Maureen Bory, Joseph Bory. Signed by Magistrate Judge Monte C. Richardson on 6/1/2011. (MOH) (Entered: 06/01/2011)
2011-11-14	48	NOTICE of mediation hearing to be held on 02/08/12 9:00 a.m. before Gregg L. Wirtz.(RH) (RH). (Entered: 11/14/2011)
2012-02-10	49	MEDIATION REPORT Hearing held on 2/8/2012. Hearing outcome: the parties have reached an impasse.(PAM) (Entered: 02/10/2012)
2012-03-01	50	NOTICE of Hearing: Status Conference set for 3/14/2012 at 10:30 AM in Jacksonville Courtroom 12 A before Senior Judge Howell W. Melton. (JAE) (Entered: 03/01/2012)
2012-03-14	51	Minute Entry. Proceedings held before Senior Judge Howell W. Melton: Status Conference held on 3/14/2012. The Pretrial Conference scheduled for 4/18/12 at 10:30 a.m. is cancelled. Counsel will jointly file a Notice indicating they have submitted a proposed Order to chambers requesting to have a Settlement Conference before the U.S. Magistrate Judge not later than Friday, March 16, 2012. Court Reporter: Cornerstone (PJG) (Entered: 03/14/2012)
2012-03-19	52	JOINT NOTICE of Submission of Proposed Order by U.S. Railroad Retirement Board (Rodriguez, Roberto) Modified on 3/20/2012 to edit text (PAM). (Entered: 03/19/2012)
2012-03-21	53	ORDER referring case for settlement conference before the United States Magistrate Judge. Signed by Senior Judge Howell W. Melton on 3/21/2012. (JAE) (Entered: 03/21/2012)
2012-03-26	54	ORDER directing parties to confer regarding dates for settlement conference. Signed by Magistrate Judge Monte C. Richardson on 3/26/2012. (MOH) (Entered: 03/26/2012)
2012-03-30	55	NOTICE OF AVAILABLE dates for settlement conference May 10, 2012, May 11, 2012, May 23, 2012, May 24, 2012 by Joseph Bory, Maureen Bory re 54 Order (Delegal, Thomas) Modified on 4/2/2012 to edit text (PAM). (Entered: 03/30/2012)
2012-04-02	56	ORDER schedulding settlement conference. Signed by Magistrate Judge Monte C. Richardson on 4/2/2012. (MOH) (Entered: 04/02/2012)
2012-05-11	57	UNOPPOSED MOTION for extension of time to file document Requested Memorandum by U.S. Railroad Retirement Board. (Rodriguez, Roberto) Modified on 5/14/2012 to edit text (RH). (Entered: 05/11/2012)
2012-05-11	58	ENDORSED ORDER granting 57 Motion for extension of time to file. Defendant shall file its settlement memoranda no later than close of business 5/16/2012. Signed by Magistrate Judge Monte C. Richardson on 5/11/2012. (MOH) (Entered: 05/11/2012)
2012-05-23	59	Minute Entry. Proceedings held before Magistrate Judge Monte C. Richardson: Settlement Conference held on 5/23/2012. (Digital) (SHS) (Entered: 05/24/2012)
2012-06-01	60	NOTICE of Hearing: Status Conference set for 6/20/2012 at 10:30 AM before Senior Judge Howell W. Melton. (JAE) (Entered: 06/01/2012)
2012-06-01	61	UNOPPOSED MOTION to substitute attorney by All Plaintiffs. (Delegal, Thomas) Motions referred to Magistrate Judge Monte C. Richardson. Modified on 6/4/2012 to edit text (PAM). (Entered: 06/01/2012)
2012-06-04	62	ORDER granting 61 Motion to substitute attorney. Signed by Magistrate Judge Monte C. Richardson on 6/4/2012. (MOH) (Entered: 06/04/2012)
2012-06-20	63	Minute Entry. Proceedings held before Senior Judge Howell W. Melton: Status Conference held on 6/20/2012. Court Reporter: Joan Gomes, Cornerstone (DTS) (Entered: 06/20/2012)
2012-06-27	64	JOINT NOTICE by U.S. Railroad Retirement Board submission of proposed order (Rodriguez, Roberto) Modified on 6/28/2012 to edit text (PAM). (Entered: 06/27/2012)
2012-07-06	65	ORDER directing that motions for summary judgment be filed by 8/6/12 and responses thereto by 8/27/12. Signed by Senior Judge Howell W. Melton on 7/5/2012. (JAE) (Entered: 07/06/2012)
2012-07-11		Set/reset deadlines/hearings Dispositive motions due by 8/6/2012 (RH) (Entered: 07/11/2012)
2012-07-11		Set/reset deadlines as to Responses due by 8/27/2012 (RH) (Entered: 07/11/2012)
2012-08-06	66	UNOPPOSED MOTION to extend time to file summary judgment motions and responses by U.S. Railroad Retirement Board. (Rodriguez, Roberto) Modified on 8/7/2012 to edit text (PAM). (Entered: 08/06/2012)
2012-08-07	67	ENDORSED ORDER granting unopposed 66 Motion to extend time. Parties' summary judgment motions shall be due 9/6/12 and responses thereto on 9/27/12. Signed by Senior Judge Howell W. Melton on 8/7/2012. (JAE) (Entered: 08/07/2012)
2012-09-06	68	MOTION for summary judgment by Joseph Bory, Maureen Bory. (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 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(Delegal, Thomas) (Entered: 09/06/2012)
2012-09-07	69	SECOND MOTION for summary judgment by U.S. Railroad Retirement Board. (Attachments: # 1 Exhibit, # 2 Exhibit removed see Doc. #71)(Rodriguez, Roberto) Modified on 9/10/2012 to edit text (PAM). Modified on 9/12/2012 to edit text (PAM). (Entered: 09/07/2012)
2012-09-10	70	NOTICE by U.S. Railroad Retirement Board re 69 Second MOTION for summary judgment redacted Exhibit I (Attachments: # 1 Exhibit Redacted Exhibit I removed see doc. 71)(Rodriguez, Roberto) Modified on 9/12/2012 to edit text (PAM). (Entered: 09/10/2012)
2012-09-12	71	SECOND NOTICE of filing redacted exhibits by U.S. Railroad Retirement Board re 69 Second MOTION for summary judgment, 70 Notice (Other) (Attachments: # 1 Exhibit Redacted Exhibit I)(Rodriguez, Roberto) Modified on 9/12/2012 to edit text (PAM). (Entered: 09/12/2012)
2012-09-21	72	NOTICE by Joseph Bory, Maureen Bory re 68 MOTION for summary judgment (correcting portion) (Delegal, Thomas) (Entered: 09/21/2012)
2012-09-27	73	UNOPPOSED MOTION for extension of time to file response/reply as to 68 MOTION for summary judgment by U.S. Railroad Retirement Board. (Rodriguez, Roberto) Motions referred to Magistrate Judge Monte C. Richardson. Modified on 9/27/2012 to edit text (PAM). (Entered: 09/27/2012)
2012-09-27	74	ENDORSED ORDER granting 73 Motion for extension of time to file response to 68 Plaintiff's Motion for summary judgment. Defendant shall file its response no later than 10/2/2012. Signed by Magistrate Judge Monte C. Richardson on 9/27/2012. (MOH) (Entered: 09/27/2012)
2012-10-02	75	MEMORANDUM in opposition re 69 Motion for summary judgment filed by Joseph Bory, Maureen Bory. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1-A (part 1), # 3 Exhibit 1-A (part 2), # 4 Exhibit 1-B, # 5 Exhibit 1-C, # 6 Exhibit 1-D, # 7 Exhibit 1-E)(Delegal, Thomas) Modified on 10/5/2012 (PAM).[Exhibits removed. Chambers notified. See Doc. #79] (Entered: 10/02/2012)
2012-10-03	76	RESPONSE to motion re 68 MOTION for summary judgment filed by U.S. Railroad Retirement Board. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit)(Rodriguez, Roberto) (Entered: 10/03/2012)
2012-10-03	77	NOTICE by U.S. Railroad Retirement Board re 76 Response to motion supplemental exhibit (Attachments: # 1 Exhibit A)(Rodriguez, Roberto) (Entered: 10/03/2012)
2012-10-03	78	NOTICE by Joseph Bory, Maureen Bory re 75 Memorandum in opposition (Attachments: # 1 Exhibit 1, # 2 Exhibit 1-A part 1, # 3 Exhibit 1-A part 2, # 4 Exhibit 1-B, # 5 Exhibit 1-C, # 6 Exhibit 1-D, # 7 Exhibit 1-E)(Delegal, Thomas) Modified on 10/5/2012 to edit text (PAM). [Exhibits removed. Chambers notified. See Doc. #79] (Entered: 10/03/2012)
2012-10-04	79	NOTICE by Joseph Bory, Maureen Bory re 75 Memorandum in opposition Notice of Third Filing of Redacted Exhibits (Attachments: # 1 Exhibit 1, # 2 Exhibit 1 -A (part 1), # 3 Exhibit 1 -A (part 2), # 4 Exhibit 1 -B, # 5 Exhibit 1 -C, # 6 Exhibit 1 -D, # 7 Exhibit 1 -E)(Delegal, Thomas) (Entered: 10/04/2012)
2012-10-11	80	ORDER directing Attorney, Thomas A. Delegal, to submit application for membership to this Court. Signed by Magistrate Judge Monte C. Richardson on 10/11/2012. (MOH) (Entered: 10/11/2012)
2012-10-19	81	NOTICE of Readmission by Joseph Bory, Maureen Bory (Delegal, Thomas) Modified on 10/22/2012 to edit text (PAM). (Entered: 10/19/2012)
2012-10-26	82	NOTICE of Hearing on Motions 69 Second MOTION for summary judgment, 68 MOTION for summary judgment : Motion Hearing set for 11/28/2012 at 10:30 AM in Jacksonville Courtroom 12 A before Senior Judge Howell W. Melton. (JAE) (Entered: 10/26/2012)
2012-10-29	83	MOTION to continue by Joseph Bory, Maureen Bory. (Delegal, Thomas) (Entered: 10/29/2012)
2012-11-01	84	ENDORSED ORDER granting unopposed 83 Motion to continue and rescheduling hearing on motions for summary judgment for December 5, 2012 at 10:30 a.m. in Courtroom 12A. Signed by Senior Judge Howell W. Melton on 11/1/2012. (JAE) (Entered: 11/01/2012)
2012-11-27	85	NOTICE of Co-Counsel Appearance by Jason Paul Mehta on behalf of U.S. Railroad Retirement Board (Mehta, Jason) (Entered: 11/27/2012)
2012-12-03	86	UNOPPOSED MOTION to allow electronic equipment, specifically cellphone, laptop computer, computer tablet by Joseph Bory, Maureen Bory. (Delegal, Thomas) Modified on 12/4/2012 to edit text (PAM). (Entered: 12/03/2012)
2012-12-04	87	ENDORSED ORDER granting 86 Motion to allow electronic equipment. Counsel shall contact Courtroom Deputy Marsha Grant at 549-1968 to make arrangements for equipment set-up. Signed by Senior Judge Howell W. Melton on 12/4/2012. (JAE) (Entered: 12/04/2012)
2012-12-05	88	Minute Entry. Proceedings held before Senior Judge Howell W. Melton: Motion Hearing held on 12/5/2012; taking under advisement 68 Motion for summary judgment; taking under advisement 69 Motion for summary judgment; Court Reporter: Shannon Bishop (MGG) (Entered: 12/05/2012)
2012-12-17	89	STIPULATION by U.S. Railroad Retirement Board. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Mehta, Jason) (Entered: 12/17/2012)
2013-02-26	90	TRANSCRIPT of Motion Hearing held on December 5, 2012 before Judge Howell W. Melton. Court Reporter/Transcriber Shannon M. Bishop, RMR, CRR; dsmabishop@yahoo.com,Telephone number (904)549-1307. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 3/19/2013, Redacted Transcript Deadline set for 3/29/2013, Release of Transcript Restriction set for 5/28/2013. (SB) (Entered: 02/26/2013)
2013-02-26	91	NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Shannon Bishop, RMR, CRR; dsmabishop@yahoo.com; (904)549-1307 (SB) (Entered: 02/26/2013)
2013-03-20	92	ORDER granting 68 Plaintiffs' Motion for summary judgment; denying 69 Defendant's Motion for summary judgment; and setting schedule for filing motion for attorney's fees and response. Signed by Senior Judge Harvey E. Schlesinger on 3/20/2013. (JAE) (Entered: 03/20/2013)
2013-03-21	93	JUDGMENT in favor of Joseph Bory, Maureen Bory against U.S. Railroad Retirement Board. Signed by Deputy Clerk on 3/21/2013. (PAM) (Entered: 03/21/2013)
2013-04-03	94	MOTION for Attorney Fees by Joseph Bory, Maureen Bory. (Attachments: # 1 Exhibit A - Affidavit of J. Bory, # 2 Exhibit B - Affidavit of T. Delegal, # 3 Exhibit C - Fees Spreadsheet, # 4 Exhibit D - Costs Spreadsheet, # 5 Exhibit E - Affidavit of A. Thomas)(Delegal, Thomas) (Entered: 04/03/2013)
2013-04-15	95	UNOPPOSED MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion for Attorneys' Fees and Costs by U.S. Railroad Retirement Board. (Mehta, Jason) Motions referred to Magistrate Judge Monte C. Richardson. Modified on 4/16/2013 to edit text (PAM). (Entered: 04/15/2013)
2013-04-16	96	ENDORSED ORDER granting 95 Motion for Extension of Time to File Response/Reply. Defendant shall file its response to 94 Plaintiff's MOTION for Attorney Fees no later than 4/24/2013. Signed by Magistrate Judge Monte C. Richardson on 4/16/2013. (MOH) (Entered: 04/16/2013)
2013-04-24	97	RESPONSE to Motion re 94 MOTION for Attorney Fees and Costs filed by U.S. Railroad Retirement Board. (Attachments: # 1 Exhibit)(Mehta, Jason) (Entered: 04/24/2013)
2013-04-24	98	NOTICE of compliance re 92 ORDER by U.S. Railroad Retirement Board (Rodriguez, Roberto) Modified on 4/24/2013 to edit text (PAM). (Entered: 04/24/2013)
2013-05-23	99	ORDER directing counsel to file a notice informing the Court of the time estimated to be necessary for a hearing on 94 Motion for Attorneys' Fees and Costs. Signed by Magistrate Judge Monte C. Richardson on 5/23/2013. (MOH) (Entered: 05/23/2013)
2013-05-28	100	JOINT MOTION for clarification re 99 Order pdf by All Parties. (Mehta, Jason) Modified on 5/28/2013 to edit text (PAM). (Entered: 05/28/2013)
2013-05-29	101	ORDER granting 100 Motion for clarification and extending time for filing estimate of time needed for hearing until June 3, 2013. See Order for details. Signed by Senior Judge Harvey E. Schlesinger on 5/29/2013. (JAE) (Entered: 05/29/2013)
2013-06-03	102	JOINT NOTICE by Joseph Bory, Maureen Bory, U.S. Railroad Retirement Board re 99 Order (Mehta, Jason) Modified on 6/4/2013 to edit text (PAM). (Entered: 06/03/2013)
2013-06-05	103	ORDER re 102 Joint Notice -- setting schedule for additional submissions. See Order for deadlines. Signed by Senior Judge Harvey E. Schlesinger on 6/5/2013. (JAE) (Entered: 06/05/2013)
2013-06-24	104	MOTION for miscellaneous relief, specifically Challenging Reasonableness of Plaintiffs' Attorney Fees and Costs by U.S. Railroad Retirement Board. (Attachments: # 1 Exhibit A)(Mehta, Jason) (Entered: 06/24/2013)
2013-07-02	105	NOTICE of hearing on motion 94 MOTION for Attorney Fees and related submissions. Motion Hearing set for 8/21/2013 at 10:00 AM in Jacksonville Courtroom 10 C before Senior Judge Harvey E. Schlesinger. (JAE) (Entered: 07/02/2013)
2013-07-11	106	RESPONSE to Motion re 104 MOTION for miscellaneous relief, specifically Challenging Reasonableness of Plaintiffs' Attorney Fees and Costs filed by Joseph Bory, Maureen Bory. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8)(Delegal, Thomas) (Entered: 07/11/2013)
2013-07-29	107	Unopposed MOTION for Extension of Time to File Response/Reply as to 104 Motion for miscellaneous relief, specifically challenging reasonableness of attorney's fees and costs by U.S. Railroad Retirement Board. (Rodriguez, Roberto) Motions referred to Magistrate Judge Monte C. Richardson. Modified on 7/30/2013 (LMF). (Entered: 07/29/2013)
2013-07-30	108	MOTION to allow electronic equipment, specifically laptop computer, computer tablet, cellular telephone by Joseph Bory, Maureen Bory. (Delegal, Thomas) (Entered: 07/30/2013)
2013-07-31	109	ORDER granting 107 Motion for Extension of Time to File Reply re 104 MOTION for miscellaneous relief, specifically Challenging Reasonableness of Plaintiffs' Attorney Fees and Costs. Reply due by 8/5/2013. Signed by Senior Judge Harvey E. Schlesinger on 7/31/2013. (JAE) (Entered: 07/31/2013)
2013-07-31	110	ORDER granting 108 Motion to allow electronic equipment. Signed by Senior Judge Harvey E. Schlesinger on 7/31/2013. (JAE) (Entered: 07/31/2013)
2013-08-21	111	Minute Entry. Proceedings held before Senior Judge Harvey E. Schlesinger: MOTION HEARING held on 8/21/2013; taking under advisement 94 Motion for attorney fees; taking under advisement 104 Motion challenging reasonableness of Plaintiffs' attorney fees and costs; Court Reporter: Shelli Kozachenko (Attachments: # 1 Exhibit 1) (MGG) (Entered: 08/21/2013)
2013-09-25	112	ORDER granting 94 Motion for Attorney Fees; denying 104 Motion challenging reasonableness of fees; and directing Clerk to close the case. Signed by Senior Judge Harvey E. Schlesinger on 9/25/2013. (JAE) (Entered: 09/25/2013)
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