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Case TitleDavidson v. United States of America et al
DistrictDistrict of South Carolina
CityAnderson/Greenwood
Case Number8:2011cv03041
Date Filed2011-11-03
Date Closed2014-01-27
JudgeHonorable Timothy M Cain
PlaintiffRichard Eugene Davidson
DefendantUnited States of America ex rel
DefendantBureau of Alcohol Tobacco Firearms and Explosives
DefendantOffice of Information Policy
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Opinion/Order [54]
Opinion/Order [60]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2011-11-031COMPLAINT against Bureau of Alcohol Tobacco Firearms and Explosives, Office of Information Policy, United States of America, filed by Richard Eugene Davidson. (Attachments: # 1 Supporting Correspondence, # 2 Statement of Jurisdiction, # 3 Envelope)(hhil, ) (Entered: 11/07/2011)
2011-11-236PROPER FORM ORDER Case to be brought into proper form by 12/19/2011. Signed by Magistrate Judge Kevin McDonald on 11/23/11. (cnob, ) (Entered: 11/23/2011)
2011-11-237***DOCUMENT MAILED 6 Proper Form Order, AO 240 Application, Financial Certificate, Summons and USM-285 forms placed in U.S. Mail to Richard Eugene Davidson (mbro, ) (Entered: 11/23/2011)
2011-12-028MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Richard Eugene Davidson. (Attachments: # 1 Motion, # 2 Financial Certificate, # 3 Deposit and Account Information, # 4 Envelope)(mbro, ) (Entered: 12/02/2011)
2011-12-0210Letter from Richard Eugene Davidson stating he did not receive proper number of USM-285 forms. (Attachments: # 1 Envelope)(mbro, ) Modified on 12/2/2011 to edit text (mbro, ). (Entered: 12/02/2011)
2011-12-0211***DOCUMENT MAILED Extra USM-285 forms per request within 10 Letter placed in U.S. Mail to Richard Eugene Davidson due to Clerk's error. (mbro, ) (Entered: 12/02/2011)
2011-12-1212(Court only) Additional Attachments to Main Document 9 Proposed Document. (Attachments: # 1 Envelope)(mbro, ) Modified on 12/13/2011 to add document security (mbro, ). (Entered: 12/12/2011)
2011-12-2016TEXT ORDER granting 8 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Kevin McDonald on 12/20/11.(cnob, ) (Entered: 12/20/2011)
2011-12-2017***DOCUMENT MAILED 16 Order on Motion for Leave to Proceed in forma pauperis placed in U.S. Mail to Richard Eugene Davidson (mbro, ) (Entered: 12/20/2011)
2011-12-2118ORDER authorizing service of process and collection of filing fee. Plaintiff has incurred a debt of $350 to the United States. Apprising the defendants of deadline for filing dispositive motions. Signed by Magistrate Judge Kevin McDonald on 12/21/11. (cnob, ) (Entered: 12/21/2011)
2011-12-2119***DOCUMENT MAILED 18 Order 1983, placed in U.S. Mail to Richard Eugene Davidson (mbro, ) (Entered: 12/21/2011)
2011-12-2120Summons Issued as to All Defendants. (mbro, ) (Entered: 12/21/2011)
2011-12-2121Summons Issued as to U.S. Attorney and U.S. Attorney General (mbro, ) (Entered: 12/21/2011)
2012-01-1123SUMMONS Returned Executed by Richard Eugene Davidson. United States of America served on 1/4/2012, answer due 3/5/2012. (mbro, ) (Entered: 01/11/2012)
2012-01-2526SUMMONS Returned Executed by Richard Eugene Davidson. Bureau of Alcohol Tobacco Firearms and Explosives served on 1/6/2012, answer due 1/27/2012. (Attachments: # 1 Return Receipt)(mbro, ) (Entered: 01/25/2012)
2012-02-0327MOTION for Extension of Time by Bureau of Alcohol Tobacco Firearms and Explosives, Office of Information Policy, United States of America. Response to Motion due by 2/21/2012 Proposed order is being emailed to chambers with copy to opposing counselMotions referred to Kevin McDonald.(Bowens, Barbara) (Entered: 02/03/2012)
2012-02-0329TEXT ORDER granting 27 Motion for Extension of Time through 3/7/12. Signed by Magistrate Judge Kevin McDonald on 2/3/12.(cnob, ) (Entered: 02/03/2012)
2012-02-0330***DOCUMENT MAILED 29 Order on Motion for Extension of Time placed in U.S. Mail to Richard Eugene Davidson (mbro, ) (Entered: 02/03/2012)
2012-02-0332SUMMONS Returned Executed by Richard Eugene Davidson. U.S. Attorney General; Office of Information Policy served on 1/9/2012; United States of America served on 1/9/2012; (Attachments: # 1 Return Receipts)(mbro, ) (Entered: 02/03/2012)
2012-03-0733MOTION for Summary Judgment by Bureau of Alcohol Tobacco Firearms and Explosives, Office of Information Policy, United States of America. Response to Motion due by 3/26/2012 (Attachments: # 1 Exhibit 1, Declaration of Peter J. Chisholm)No proposed orderMotions referred to Kevin McDonald.(Bowens, Barbara) (Entered: 03/07/2012)
2012-03-0834ROSEBORO ORDER directing clerk to forward summary judgment explanation to the opposing party and directing that party to respond in 34 days. Response due to 33 MOTION for Summary Judgment. Response to Motion due by 4/12/2012. Signed by Magistrate Judge Kevin McDonald on 3/8/2012. (mbro, ) (Entered: 03/08/2012)
2012-03-0835***DOCUMENT MAILED 34 Roseboro Order, placed in U.S. Mail to Richard Eugene Davidson (mbro, ) (Entered: 03/08/2012)
2012-04-0537RESPONSE in Opposition re 33 MOTION for Summary Judgment Response filed by Richard Eugene Davidson.Reply to Response to Motion due by 4/16/2012 (Attachments: # 1 Affidavit in Support, # 2 District of Tennessee Court Documents, # 3 Envelope)(mbro, ) (Entered: 04/06/2012)
2012-04-0540Plaintiff's MOTION for Summary Judgment by Richard Eugene Davidson. Response to Motion due by 9/11/2012. (Attachments: # 1 Affidavit in support, # 2 District of Tennessee Court Documents, # 3 Envelope)No proposed order.Motions referred to Kevin McDonald.(kmca) Re-filed at direction of chambers (kmca) (Entered: 08/28/2012)
2012-09-1142RESPONSE in Opposition re 40 MOTION for Summary Judgment Response filed by Bureau of Alcohol Tobacco Firearms and Explosives, Office of Information Policy, United States of America.Reply to Response to Motion due by 9/21/2012 (Bowens, Barbara) (Entered: 09/11/2012)
2012-09-1244ORDER The defendant ATF is directed to produce documents at issue in this matter for the court to review in camera on or before 9/28/12. Signed by Magistrate Judge Kevin McDonald on 9/12/12. (cnob, ) (Entered: 09/12/2012)
2012-09-1345***DOCUMENT MAILED 44 Order, placed in U.S. Mail to Richard Eugene Davidson (kmca) (Entered: 09/13/2012)
2012-09-2147REPLY to Response to Motion re 40 MOTION for Summary Judgment Response filed by Richard Eugene Davidson. (Attachments: # 1 State Court Documents, # 2 Envelope)(kric, ) (Entered: 09/21/2012)
2012-09-2848MOTION for Extension of Time by Bureau of Alcohol Tobacco Firearms and Explosives, Office of Information Policy, United States of America. Response to Motion due by 10/15/2012. Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Kevin McDonald.(Bowens, Barbara) (Entered: 09/28/2012)
2012-09-2849TEXT ORDER granting 48 Motion for Extension of Time to provide documents through 10/26/12. Signed by Magistrate Judge Kevin McDonald on 9/28/12.(cnob, ) (Entered: 09/28/2012)
2012-09-2850***DOCUMENT MAILED 49 Order on Motion for Extension of Time placed in U.S. Mail to Richard Eugene Davidson (kric, ) (Entered: 09/28/2012)
2012-11-0853Sealed Document. Defendants' in camera submissions. (Attachments: # 1 Exhibit)(cnob, ) (Entered: 11/08/2012)
2012-11-1354REPORT AND RECOMMENDATION recommending the defendants' 33 MOTION for Summary Judgment be granted as to the adequacy of the search for responsive documents that were not located and denied as to the documents submitted for in camera review with certain redactions. It is further recommended that the plaintiff's 40 MOTION for Summary Judgment be granted in part and that the defendants be ordered to produce the documents submitted for in camera review with certain redactions. Objections to R&R due by 11/30/12. Signed by Magistrate Judge Kevin McDonald on 11/13/12. (cnob, ) (Entered: 11/13/2012)
2012-11-1455***DOCUMENT MAILED 54 REPORT AND RECOMMENDATION re 40 MOTION for Summary Judgment filed by Richard Eugene Davidson, 33 MOTION for Summary Judgment filed by Bureau of Alcohol Tobacco Firearms and Explosives, Office of Information Policy, United States of Ameri placed in U.S. Mail to Richard Eugene Davidson (kric, ) (Entered: 11/14/2012)
2012-11-2656MOTION for Consideration of Litigation and Attorney Fees by Richard Eugene Davidson. Response to Motion due by 12/13/2012. (Attachments: # 1 Envelope)No proposed order.(kric, ) (Entered: 11/26/2012)
2012-11-2857OBJECTION to 54 Report and Recommendation titled Motion for Clarification by Bureau of Alcohol Tobacco Firearms and Explosives, Office of Information Policy, United States of America.Reply to Objections due by 12/17/2012. (kmca) Document re-filed by clerk per chambers to correct event type. (kmca) (Entered: 11/30/2012)
2012-12-0659MOTION for redaction of faces by Richard Eugene Davidson. Response to Motion due by 12/27/2012. (Attachments: # 1 Envelope)No proposed order.(kric, ) (Entered: 12/06/2012)
2012-12-0660ORDER RULING ON REPORT AND RECOMMENDATION 54 . The court adopts the Report and Recommendation in its entirety with the additional requirement that ATF exclude or redact the photographs of Special Agent Webb and retired Special Agent Herndon contained in their credentials. Defendants motion for summary judgment 33 is hereby GRANTED as to the adequacy of the search for responsive documents that were not located and DENIED as to the documents submitted for in camera review, with redactions as set forth in the Report. Plaintiffs motion for summary judgment 40 is GRANTED IN PART and the defendants are ordered to produce the documents submitted for in camera review, with the redactions set forth in the Report. Signed by Honorable Timothy M Cain on 12/6/2012. (gpre, ) (Entered: 12/06/2012)
2012-12-0661***DOCUMENT MAILED 60 Order Ruling on Report and Recommendation placed in U.S. Mail to Richard Eugene Davidson. (gpre, ) (Entered: 12/06/2012)
2012-12-1162CERTIFICATE OF SERVICE by Bureau of Alcohol Tobacco Firearms and Explosives, Office of Information Policy, United States of America re 60 Order Ruling on Report and Recommendation, Terminate Motions,,,,,, (Bowens, Barbara) (Entered: 12/11/2012)
2012-12-1363RESPONSE in Opposition re 56 MOTION for Attorney Fees Response filed by Bureau of Alcohol Tobacco Firearms and Explosives, Office of Information Policy, United States of America.Reply to Response to Motion due by 12/27/2012 (Bowens, Barbara) (Entered: 12/13/2012)
2012-12-1764TEXT ORDER finding as moot 59 Motion. Signed by Honorable Timothy M Cain on 12/17/2012.(gpre, ) (Entered: 12/17/2012)
2012-12-1765***DOCUMENT MAILED 64 Order on Motion for Miscellaneous Relief placed in U.S. Mail to Richard Eugene Davidson. (gpre, ) (Entered: 12/17/2012)
2012-12-2066ORDER denying 56 Motion for Litigation Cost and Attorney Fees Signed by Honorable Timothy M Cain on 12/20/2012.(kric, ) (Entered: 12/20/2012)
2012-12-2067***DOCUMENT MAILED 66 Order on Motion for Attorney Fees placed in U.S. Mail to Richard Eugene Davidson (kric, ) (Entered: 12/20/2012)
2014-01-2769SUMMARY JUDGMENT. Defendants motion for summary judgment 33 is hereby GRANTED as to the adequacy of the search for responsive documents that were not located and DENIED as to the documents submitted for in camera review, with redactions as set forth in the Report. Plaintiffs motion for summary judgment 40 is GRANTED IN PART and the defendants are ordered to produce the documents submitted for in camera review, with the redactions set forth in the Report. (kric, ) (Entered: 01/27/2014)
2014-01-2770***DOCUMENT MAILED 60 Order Ruling on Report and Recommendation, Terminate Motions, 69 Summary Judgment, placed in U.S. Mail to Richard Eugene Davidson (kric, ) (Entered: 01/27/2014)
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by FOIA Project Staff
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