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Case TitleGibson v. US Department of Labor
DistrictDistrict of New Hampshire
CityConcord
Case Number1:2013cv00487
Date Filed2013-11-13
Date Closed2014-11-12
JudgeDistrict Judge Landya B. McCafferty
PlaintiffBruce Gibson Administrator of the Estate of Leo Paul Gonyea
other Leo Paul Gonyea
Case DescriptionGibson represents the estate of Leo Paul Gonyea, who was killed in an industrial accident that occurred at APC Paper Company in Claremont, NH. As a result of the accident, the Occupational Safety and Health Administration conducted an investigation, which resulted in an informal settlement agreement between OSHA and APC Paper. Gibson was told by the Claremont police department that the informal agreement concluded the investigation and there was no current ongoing investigation into the industrial accident that resulted in Gonyea's death. Gibson then requested all OSHA records related to APC Paper. The agency disclosed 29 of 322 pages and cited Exemption 7(A) (ongoing investigation) and Exemption 7(C) (invasion of privacy concerning law enforcement records) as the basis for withholding the records. Gibson appealed and the agency's denial was upheld. He then filed suit.
Complaint issues: Exemption 7(A) - Interference with ongoing investigation

DefendantUS Department of Labor
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2013-11-131NEW CASE/ COMPLAINT. Filing fee $ 400, receipt number 0102-1050734 filed by Bruce Gibson. (Rousseau, Cristina) (Additional attachment(s) added on 11/14/2013: # 1 Exhibit A, October 4, 2011 Letter-Redacted, # 2 Exhibit B, February 21, 2013 Letter, # 3 Exhibit C, May 15, 2012 Letter, # 4 Exhibit D, January 23, 2013 Letter, # 5 Civil Cover Sheet, # 6 Summons-US Department of Labor, # 7 Complaint-text searchable version with electronic signatures, # 8 Unredacted Exhibits A-D (combined as 1 .pdf) filed with original complaint on 11/13/13) (jeb). (Entered: 11/13/2013)
2013-11-14Case assigned to Magistrate Judge Landya B. McCafferty. The case designation is: 1:13-cv-487-LM. Please show this number with the judge designation on all future pleadings. (jeb) (Entered: 11/14/2013)
2013-11-142NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Thomas P. Connair, Esq. must complete an online registration form within 30 days. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click HERE . Notice of Compliance Deadline set for 12/19/2013.(jeb) (Entered: 11/14/2013)
2013-11-143NOTICE of Assignment to U.S. Magistrate Judge and Consent Form sent to plaintiff(s) for service on all parties.(jeb) (Entered: 11/14/2013)
2013-11-144Summons issued electronically as to US Department of Labor. NOTICE: Counsel shall print and serve the summons and all attachments in accordance with Fed. R. Civ. P. 4. NOTICE of Assignment to Magistrate Judge attached. (Attachments: # 1 Notice ECF, # 2 Assignment to Magistrate)(jeb) (Entered: 11/14/2013)
2013-12-035AFFIDAVIT of Service of Complaint and Summons as to US Department of Labor filed by Bruce Gibson. Served/Mailed on 11/25/2013. Answer Follow Up on 12/19/2013. (Attachments: # 1 Exhibit 1 US DOL Certified Mail Receipt, # 2 Exhibit 2 NH Civil Proces Clerk Certified Mail Receipt, # 3 Exhibit 3 US Att. Gen. Certified Mail Receipt, # 4 Exhibit 4 Return Receipts)(Rousseau, Cristina) (Entered: 12/03/2013)
2013-12-19NOTICE: As a result of the recent confirmation of Magistrate Judge McCafferty as a District Judge in this judicial district, this case has been assigned to her in her capacity as District Judge. Parties may disregard the outstanding Notice of Assignment to United States Magistrate Judge and Consent Form. (kat) (Entered: 12/19/2013)
2013-12-206ANSWER to 1 Complaint - New Case,, filed by US Department of Labor.(Plourde, T.) (Entered: 12/20/2013)
2013-12-20NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set for 2/3/2014 at 10:00 AM before District Judge Landya B. McCafferty. Follow up on Discovery Plan 1/27/2014.(ko) (Entered: 12/20/2013)
2014-01-137Proposed Discovery Plan filed by US Department of Labor. (Plourde, T.) (Entered: 01/13/2014)
2014-01-16ENDORSED ORDER approving 7 Discovery Plan. Length of Trial 1 day. Case Track: Standard. PRETRIAL CONFERENCE CANCELLED. Text of Order: Approved and adopted as a pretrial scheduling order. Trial: Two-week trial period beginning on February 3, 2015. In light of the court's approval of the parties' proposed discovery plan, and the parties' acknowledgement that no pretrial conference is necessary, the pretrial conference currently scheduled for February 3, 2014, is cancelled. So Ordered by District Judge Landya B. McCafferty. Summary Judgment Motions due by 10/6/2014. Mediation Follow Up on 10/3/2014.(jab) (Entered: 01/17/2014)
2014-01-17TRIAL NOTICE: Pretrial Statements due 1/2/2015. LR 16.2(d) Objections due 1/16/2015. Final Pretrial Conference set for 1/20/2015 04:00 PM before District Judge Landya B. McCafferty. Bench Trial set for the two-week period beginning 2/3/2015 09:00 AM before District Judge Landya B. McCafferty. (jab) (Entered: 01/17/2014)
2014-09-188Assented to MOTION to Extend Time to File Motions for Summary Judgment filed by US Department of Labor. (Attachments: # 1 1, Civil Form 3)(Plourde, T.) (Entered: 09/18/2014)
2014-09-18ENDORSED ORDER granting 8 Motion to Extend Time to File Motions for Summary Judgment. Text of Order: Granted. So Ordered by Magistrate Judge Andrea K. Johnstone. Summary Judgment Motions due by 11/28/2014.(ko) (Entered: 09/18/2014)
2014-10-029Mediation Statement: not suitable at this time (Plourde, T.) (Entered: 10/02/2014)
2014-10-03ENDORSED ORDER re 9 Mediation Statement. Text of Order: Reviewed. So Ordered by District Judge Landya B. McCafferty.(ko) (Entered: 10/06/2014)
2014-11-1110STIPULATION of Dismissal as to Defendant US Department of Labor by Bruce Gibson(Rousseau, Cristina) (Entered: 11/11/2014)
2014-11-12ENDORSED ORDER Re: 10 Stipulation of Dismissal as to Defendant US Department of Labor. Text of Order: Reviewed. So Ordered by District Judge Landya B. McCafferty.(jab) (Entered: 11/12/2014)
2014-11-12Civil Case Terminated. (jab) (Entered: 11/12/2014)
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by FOIA Project Staff
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