Case Detail

FOIA Project Annotation: A federal court in Illinois has ruled that federal prisoner William White, who was convicted of a variety of hate crimes, exhausted his administrative remedies by mailing an amended complaint before the statutory deadline. Litigating over a number of requests White sent to components of the Department of Justice, the agency claimed White had failed to appeal various requests administratively. But the court agreed with White that he mailed an amended complaint addressing those issues before the statutory time limit expired. The court pointed out that "although the Court did not allow [White] to file the Amended Complaint until July 2017, after the agencies responded to his requests, the Court deems his Amended Complaint filed the day he tendered it to the Court, not the date the Court allowed it to be filed. Further, under the mailbox rule, White is considered to have 'filed' a document when he turns it over to a prison official to be sent to the Court." The agency argued that Oglesby v. Dept of Army, 920 F.2d 57 (D.C. Cir. 1990), required White to file an administrative appeal. But the court observed that "Oglesby's rule does not require actual exhaustion where White filed his claims before the agencies responded. It would have required actual exhaustion only if the agency had responded before White filed suit on his claims. However, because White tendered his Amended Complaint before any agency response, Oglesby's rule does not apply." The Bureau of Prisons argued that White had failed to state a claim challenging its response to one of White's requests. Construing White's claim liberally, the court observed that "he asserts that his FOIA challenges include 'exhausted records where the agency denies having any responsive records, but public sources show that the agency must have some responsive records.' This can be construed as an assertion that the BOP's search was unreasonable because it did not locate other responsive documents about which White is aware and which were known by the agency and available to it."
Issues: Litigation - Jurisdiction - Failure to Exhaust

FOIA Project Annotation: A federal court in Illinois has rejected pro se prison litigator William White's claims that various components of the Department of Justice are conspiring against him to prevent him from accessing the records he requested from multiple components. The court noted that "White ferociously argued his position to the Court in his summary judgment briefing, and the Court rejected the position as pure speculation. White may challenge that ruling on appeal, but White's disagreement with it is not an appropriate basis to alter or amend the judgment." The court found some merit in White's claims that the U.S. Marshals Service had failed to process his 2013 request. The court pointed out that "it turns out that, in reality, no responsive records had been processed or released at the time the Court entered judgment. The USMS has since begun processing White's request �" more thoroughly than it ever had before �" and is reporting regularly to the Court on its progress." The court indicated that it was "dismayed by the USMS's delinquency and must seriously consider White's request for a remedy." Ordering the government to address the issue at a videoconference hearing, the court observed that "the USMS shall have a knowledgeable representative at the hearing to answer any questions the Court may have about the processing of White's 2013 request. The USMS is warned that it would be well-served to have completed the release of responsive records to White before that hearing."
Issues: Litigation - Jurisdiction - Failure to State a Claim

FOIA Project Annotation: A federal court in Illinois has ruled that although the U.S, Marshals Service's had allowed prisoner William White's 2013 request to fall through the crackers, once the court brought the agency's delinquency to its attention, USMS finished processing the request four months later. Two FOIA specialists who were handling White's request resigned before finishing the processing of his request, while the USMS FOIA/PA Officer also died during that the period. Nevertheless, once the court notified USMS of its tardiness, "the USMS took immediate and extraordinary action to process White's request, including assigning two FOIA specialists �" one third of its FOIA specialist staff �" to White's case," resulting in disclosure of 1800 pages of records. The court was appalled at the agency's overall behavior, noting that "it is inexcusable that the USMS was unprepared for such foreseeable and regular complications as staff turnover, large numbers of requests, and the need for record review by other agencies before release. That it was able to marshal its resources and process White's request in four months makes the seven-year delay appear all the more egregious. The Court puts the USMS on notice that it must upgrade its FOIA processing protocols to avoid such delinquencies in the future. Indeed, future FOIA requesters should note this admonition and demand more from the agency in the future." White asked the court to award him costs for the agency's conduct. However, the court pointed out that "to the extent he arguably was a catalyst for the USMS's response to his 2013 FOIA request, that success was such a miniscule part of this litigation that White otherwise lost that the Court will not deem him to have substantially prevailed in the litigation as a whole."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2016-08-25	1	COMPLAINT against All Defendants filed by William A White. (Attachments: # 1 Exhibits)(jaj) (Entered: 08/25/2016)
2016-08-25	2	MOTION for Leave to Proceed in forma pauperis by William A White. (jaj) (Entered: 08/25/2016)
2016-08-25	3	Letter from USDC/SDIL to Plaintiff informing him of case number. (Attachments: # 1 Consent to Magistrate Judge) (jaj) (Entered: 08/25/2016)
2016-09-29	4	Supplementary Brief on Breach of Mandatory Duties by William A White. (cds) (Entered: 09/29/2016)
2016-09-29	5	NOTICE of Intervening Case Law by William A White (cds) (Entered: 09/29/2016)
2016-09-29	6	MOTION to Amend 1 Complaint by William A White. (cds) (Entered: 09/29/2016)
2016-10-11	7	ORDER Directing Monthly Payments be made from Prison Account of White, granting 2 MOTION for Leave to Proceed in forma pauperis filed by William A White. Signed by Judge J. Phil Gilbert on 10/4/2016. (tjk) (Entered: 10/11/2016)
2016-10-21	8	MOTION to Stay Collection of Fees re 7 Order Directing Prisoner Payment by William A White. (Attachments: # 1 Envelope)(slj2) (Entered: 10/21/2016)
2016-10-26	9	ORDER DENYING WITHOUT PREJUDICE 6 Motion to Amend/Correct. Signed by Magistrate Judge Donald G. Wilkerson on 10/25/16. (sgp) (Entered: 10/26/2016)
2016-11-03	10	MEMORANDUM AND ORDER, denying 8 MOTION to Stay re 7 Order Directing Prisoner Payment, Terminate Motions filed by William A White. Signed by Judge J. Phil Gilbert on 11/3/2016. (jdh) (Entered: 11/03/2016)
2016-11-09		Filing fee: $ 350.00, receipt number 34625070324 (jsm2) (Entered: 11/09/2016)
2017-02-06	11	MOTION for Leave to File Amended Complaint (Amended Complaint with exhibits received and under review) by William A White. (tkm) (Entered: 02/06/2017)
2017-03-08	12	NOTICE of Praecipe by William A White (tkm) (Entered: 03/08/2017)
2017-06-12	13	MEMORANDUM AND ORDER, re: service. The Court DIRECTS the Clerk of Court to complete, on Plaintiff's behalf, a summons and form USM-285 for service of process on each defendant, DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES MARSHALS SERVICE and FEDERAL BUREAU OF PRISONS, and to issue completed summonses. The Clerk shall provide the United States Marshal all necessary materials and copies for service. Signed by Judge J. Phil Gilbert on 6/12/2017. (jdh) (Entered: 06/12/2017)
2017-06-13	14	Summons Issued as to Department of Justice. (kdb) (Main Document 14 replaced on 6/13/2017) (mar). (Entered: 06/13/2017)
2017-06-13	15	Summons Issued as to United States Marshals Service. (kdb) (Entered: 06/13/2017)
2017-06-13	16	Summons Issued as to Federal Bureau of Investigation. (kdb) (Main Document 16 replaced on 6/13/2017) (mar). (Entered: 06/13/2017)
2017-06-13	17	Summons Issued as to Federal Bureau of Prisons. (kdb) (Main Document 17 replaced on 6/13/2017) (mar). (Entered: 06/13/2017)
2017-06-13	18	NOTICE OF MODIFICATION re 16 , 14 , and 17 Summons Issued. Summons re-issued with corrected address information and replaced accordingly. NEF's regenerated. (mar)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/13/2017)
2017-07-05	19	SUMMONS Returned Executed Federal Bureau of Prisons served on 6/27/2017, answer due 8/28/2017. (jsm2) (Entered: 07/05/2017)
2017-07-05	20	SUMMONS Returned Executed Department of Justice served on 6/28/2017, answer due 8/28/2017. (jsm2) (Entered: 07/05/2017)
2017-07-05	21	SUMMONS Returned Executed United States Marshals Service served on 6/28/2017, answer due 8/28/2017. (jsm2) (Entered: 07/05/2017)
2017-07-07	22	NOTICE of Appearance by Suzanne M. Garrison on behalf of All Defendants (Garrison, Suzanne) (Entered: 07/07/2017)
2017-07-13	23	SUMMONS Returned Executed Federal Bureau of Investigation served on 6/28/2017, answer due 7/19/2017. (jsm2) (Entered: 07/13/2017)
2017-07-14	24	ORDER GRANTING 11 Motion for Leave to File. Signed by Magistrate Judge Donald G. Wilkerson on 7/14/17. (sgp) (Entered: 07/14/2017)
2017-07-17	25	AMENDED COMPLAINT against All Defendants, filed by William A White. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(kdb) (Entered: 07/17/2017)
2017-07-17	26	CJRA TRACK B assigned: Final Pretrial Conference is set for 9/5/2018 at 9:30 AM in Benton Courthouse before Judge J. Phil Gilbert. Bench Trial is set for 9/17/2018 at 9:00 AM in Benton Courthouse before Judge J. Phil Gilbert.(tag) (Entered: 07/17/2017)
2017-07-21	27	PRAECIPE by William A White. (jaj) (Entered: 07/24/2017)
2017-07-24	28	STRICKEN - MOTION for Extension of Time to File Answer re 25 Amended Complaint by Department of Justice, Federal Bureau of Investigation, Federal Bureau of Prisons, United States Marshals Service. (Garrison, Suzanne) Modified on 7/25/2017 (cds). (Entered: 07/24/2017)
2017-07-25	29	NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 28 Motion for Extension of Time to File Answer filed by Federal Bureau of Prisons, United States Marshals Service, Department of Justice, Federal Bureau of Investigation. Incorrect PDF attached. Filer will re file document. (cds)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 07/25/2017)
2017-07-25	30	MOTION for Extension of Time to File Answer re 25 Amended Complaint by Department of Justice, Federal Bureau of Investigation, Federal Bureau of Prisons, United States Marshals Service. (Garrison, Suzanne) (Entered: 07/25/2017)
2017-08-03	31	MOTION to Order the US Marshal to Serve the Bureau of Alcohol, Tobacco, Firearms, and Explosives by William A White. (tkm) (Entered: 08/03/2017)
2017-08-03	32	ORDER GRANTING 30 Motion for Extension of Time to Answer. Defendants, except Defendants who have not been served, to file an answer by August 31, 2017. Signed by Magistrate Judge Donald G. Wilkerson on 8/3/2017. (sgp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/03/2017)
2017-08-03	33	ORDER GRANTING 31 Motion for Order: The Court DIRECTS the Clerk of Court to complete, on Plaintiffs behalf, a summons and form USM-285 for service of process on the BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES and to issue completed summonses. The Clerk shall provide the United States Marshal all necessary materials and copies for service. The United States Marshal SHALL, within 90 days of the date of this order, serve Defendants BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES pursuant to Rule 4(i)(2) of the Federal Rules of Civil Procedure by sending a copy of the summons and amended complaint to the agency by registered or certified mail. In addition, pursuant to Federal Rule of Civil Procedure 4(i)(1), the United States Marshal SHALL (1) personally deliver to or send by registered or certified mail addressed to the civil-process clerk at the office of the United States Attorney for the Southern District of Illinois a copy of the summons and the complaint; and (2) send by registered or certified mail to the Attorney General of the United States at Washington, D.C., a copy of the summons and the complaint. All costs of service shall be advanced by the United States. Signed by Magistrate Judge Donald G. Wilkerson on 8/3/2017. (sgp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/03/2017)
2017-08-04	34	Summons Issued as to Bureau of Alcohol, Tobacco, Firearms, and Explosives. (tkm) (Entered: 08/04/2017)
2017-08-24	35	SUMMONS Returned Executed Bureau of Alcohol, Tobacco, Firearms, and Explosives served on 8/18/2017, answer due 10/17/2017. (tkm) (Entered: 08/24/2017)
2017-08-28	36	Second MOTION for Extension of Time to File Answer re 25 Amended Complaint by All Defendants. (Garrison, Suzanne) (Entered: 08/28/2017)
2017-09-01	37	ORDER GRANTING 36 Second MOTION for Extension of Time to File Answer re 25 Amended Complaint filed by Federal Bureau of Prisons, United States Marshals Service, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice, Federal Bureau of Investigation. Bureau of Alcohol, Tobacco, Firearms, and Explosives answer due 10/2/2017; Department of Justice answer due 10/2/2017; Federal Bureau of Investigation answer due 10/2/2017; Federal Bureau of Prisons answer due 10/2/2017; United States Marshals Service answer due 10/2/2017. Signed by Magistrate Judge Donald G. Wilkerson on 9/1/2017. (sgp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/01/2017)
2017-10-02	38	MOTION for Partial Summary Judgment by Department of Justice. Responses due by 11/6/2017 (Attachments: # 1 ATF Response, # 2 BOP Response)(Garrison, Suzanne) (Entered: 10/02/2017)
2017-10-02	39	NOTICE by Department of Justice (Garrison, Suzanne) (Entered: 10/02/2017)
2017-10-02	40	ANSWER to 25 Amended Complaint by Department of Justice, Federal Bureau of Investigation, Federal Bureau of Prisons, United States Marshals Service.(Garrison, Suzanne) (Entered: 10/02/2017)
2017-10-23	41	MOTION to Strike Defendants' Second and Third Defenses from 40 Answer to Amended Complaint Pursuant to Fed.R.Civ.P. 12 (f)(2) by William A White. (tjk) (Entered: 10/23/2017)
2017-10-23	42	WITHDRAWN PER ORDER AT DOC. 89 MOTION for Partial Summary Judgment on the US Marshals Service and Federal Bureau of Investigation Claims and Reply by William A White. Responses due by 11/27/2017 (Attachments: # 1 Exhibit)(tjk) Modified on 3/19/2018 (kdb). (Entered: 10/23/2017)
2017-10-23	43	MOTION for Partial Summary Judgment and Response by William A White. Responses due by 11/27/2017 (Attachments: # 1 Exhibit)(tjk) (Entered: 10/23/2017)
2017-10-26	44	RESPONSE to 41 Motion to Strike Defendant's Second and Third Defenses from Doc. 40 filed by Department of Justice. (Garrison, Suzanne) (Entered: 10/26/2017)
2017-11-09	45	REPLY to Response to Motion re 41 MOTION to Strike 40 Answer to Amended Complaint filed by William A White. (tkm) (Entered: 11/09/2017)
2017-11-16	46	MOTION to Sanction Department of Justice, Bureau of Alcohol Tobacco Firearms and Explosives, Bureau of Prisons and their Counsel by William A White. (jsm2) (Entered: 11/16/2017)
2017-11-27	47	RESPONSE to 42 Motion for Partial Summary Judgment filed by Department of Justice, Federal Bureau of Investigation, United States Marshals Service. (Garrison, Suzanne) (Entered: 11/27/2017)
2017-11-27	48	RESPONSE to 43 Motion for Partial Summary Judgment filed by Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice, Federal Bureau of Prisons. (Garrison, Suzanne) (Entered: 11/27/2017)
2017-11-27	49	RESPONSE to 46 Motion for Sanctions filed by Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice, Federal Bureau of Prisons. (Garrison, Suzanne) (Entered: 11/27/2017)
2017-11-27	50	MOTION for Partial Summary Judgment as to Certain Claims Related to Freedom of Information Act Requests Directed to the Federal Bureau of Investigation by Department of Justice, Federal Bureau of Investigation. Responses due by 1/2/2018 (Attachments: # 1 Declaration of David M. Hardy)(Garrison, Suzanne) (Entered: 11/27/2017)
2017-11-27	51	NOTICE by Department of Justice re 50 MOTION for Partial Summary Judgment as to Certain Claims Related to Freedom of Information Act Requests Directed to the Federal Bureau of Investigation (Garrison, Suzanne) (Entered: 11/27/2017)
2017-12-06	52	REPLY to Response to Motion re 43 MOTION for Partial Summary Judgment, 42 MOTION for Partial Summary Judgment filed by William A White. (tkm) (Entered: 12/07/2017)
2017-12-06	53	REPLY to Response to Motion re 46 MOTION for Sanctions filed by William A White. (tkm) (Entered: 12/07/2017)
2017-12-14	54	RESPONSE to Motion re 50 MOTION for Partial Summary Judgment as to Certain Claims Related to Freedom of Information Act Requests Directed to the Federal Bureau of Investigation filed by William A White. (jsm2) (Entered: 12/14/2017)
2017-12-20	55	MEMORANDUM AND ORDER, denying 41 MOTION to Strike 40 Answer to Amended Complaint filed by William A White. Signed by Judge J. Phil Gilbert on 12/20/2017. (jdh) (Entered: 12/20/2017)
2018-01-16	56	STRICKEN PER ORDER AT DOC. 58- RESPONSE to 55 Memorandum & Opinion, Terminate Motions filed by William A White. (jsm2) Modified on 1/17/2018 (jdh). (Entered: 01/16/2018)
2018-01-16	57	NOTICE of Amended Litigation History Disclosure by William A White (tkm) (Entered: 01/16/2018)
2018-01-17	58	NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 56 Response filed by William A White. Duplicate document filed at doc.57. (jdh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/17/2018)
2018-01-19	59	MEMORANDUM AND ORDER, The Court DIRECTS the Clerk of Court to terminate White's request for summary judgment in his summary judgment response brief (Doc. 43), ORDERS that White shall have up to and including February 23, 2018, to file a new motion for summary judgment on the merits to advance his arguments with respect to the remaining claims involving the ATF and BOP, GRANTS in part and DENIES in part the DOJ's motions for partial summary judgment (Docs. 38 & 50). The Court DENIES White's motion for sanctions (Doc. 46) and DIRECTS the Clerk of Court to enter judgment accordingly at the close of the case. Signed by Judge J. Phil Gilbert on 1/19/2018. (jdh) (Entered: 01/19/2018)
2018-01-23	60	SECOND NOTICE of Amended Litigation History Disclosure by William A White. (jsm2) (Entered: 01/23/2018)
2018-01-23	61	MOTION for Leave to File an Amended Declaration as to FBI Counter Intelligence Activities against Russia by William A White. (jsm2) (Entered: 01/23/2018)
2018-01-24	62	ORDER denying as moot 61 Motion for Leave to File Amended Declaration. White seeks to amend an affidavit he submitted in response to the defendant's motion for partial summary judgment, but the Court has already ruled on that summary judgment motion. Signed by Judge J. Phil Gilbert on 1/24/2018. (tlp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/24/2018)
2018-01-30	63	STRICKEN - MOTION to Dismiss for Failure to State a Claim by Federal Bureau of Prisons. Responses due by 3/5/2018 (Garrison, Suzanne) Modified on 1/30/2018 (cjo). (Entered: 01/30/2018)
2018-01-30	64	NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 63 Motion to Dismiss for Failure to State a Claim filed by Federal Bureau of Prisons. Document filed with the incorrect case number in the caption and also filed in the incorrect case. (cjo)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/30/2018)
2018-02-05	65	WITHDRAWN PER ORDER AT DOC. 89 SECOND MOTION for Summary Judgment as to the Bureau of Alcohol, Tobacco, Firearms, and, Explosives (BATFE) Claims by William A White. Responses due by 3/12/2018. (jsm2) Modified on 3/19/2018 (kdb). (Entered: 02/05/2018)
2018-02-05	66	Second Sworn Declaration as to the BATF FOIA by William A White. (jsm2) (Entered: 02/06/2018)
2018-02-05	67	STRICKEN Per Order at doc 76- Second Sworn Declaration as to FBI Counter-Intelligence Activities against Russia by William A White. (jsm2) Modified on 2/22/2018 (kdb). (Entered: 02/06/2018)
2018-02-06	68	WITHDRAWN PER ORDER AT DOC. 89 SECOND MOTION for Summary Judgment as to the Bureau of Prisons (BOP) Claims by William A White. Responses due by 3/12/2018. (Attachments: # 1 Second Sworn Declaration.(jsm2) Modified on 3/19/2018 (kdb). (Entered: 02/06/2018)
2018-02-09	69	MOTION for Leave to File an Extended Brief in Support of Summary Judgment on the USMS Claims by William A White. (jsm2) (Entered: 02/09/2018)
2018-02-13	70	ORDER granting 69 Motion for Leave to File. The Clerk of Court is DIRECTED to file the 28-page motion, along with the attached 11-page affidavit, tendered by White. Signed by Judge J. Phil Gilbert on 2/13/2018. (tlp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/13/2018)
2018-02-13	71	MOTION for Leave to File an Extended Pleading, Motion for Summary Judgment as to the FBI Claims, by William A White. Document received this date and under review. (jaj) (Entered: 02/13/2018)
2018-02-14	72	ORDER granting 71 Motion for Leave to File Summary Judgment Motion as to the FBI. The Clerk of Court is DIRECTED to file the 61-page motion, along with its attachments, tendered by White. Signed by Judge J. Phil Gilbert on 2/14/2018. (tlp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/14/2018)
2018-02-14	73	WITHDRAWN PER ORDER AT DOC. 89 SECOND MOTION for Summary Judgment On The US Marshals by William A White. Responses due by 3/19/2018 (Attachments: # 1 Exhibits)(kdb) Modified on 3/19/2018 (kdb). (Entered: 02/14/2018)
2018-02-14	74	WITHDRAWN PER ORDER AT DOC. 89 SECOND MOTION for Summary Judgment as to the Federal Bureau of Investigation (FBI) Claims by William A White. Responses due by 3/19/2018 (kdb) Modified on 3/19/2018 (kdb). (Entered: 02/14/2018)
2018-02-20	75	WITHDRAWN PER ORDER AT DOC. 89 MOTION for Partial Summary Judgment on the FBI Aryan Nations Claim by William A White. Responses due by 3/26/2018 (jsm2) Modified on 3/19/2018 (kdb). (Entered: 02/20/2018)
2018-02-21	76	ORDER STRIKING 67 Affidavit filed by William A White. This is a free-standing document not filed in support of any pending motion and should not have been filed. The Court reminds White that the Court file is not a repository for his evidence in support of his case. Signed by Judge J. Phil Gilbert on 2/21/2018. (tlp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/21/2018)
2018-02-23	77	STRICKEN ORDER: Dispositive Motions due by 3/23/2018. Signed by Magistrate Judge Donald G. Wilkerson on 2/23/2018. (sgp) Modified on 2/26/2018 (kdb). (Entered: 02/23/2018)
2018-02-26	78	NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 77 Order, Set Deadlines. Corrected document to be filed. (kdb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/26/2018)
2018-02-26	79	ORDER: Dispositive Motions due by 3/23/2018. Signed by Magistrate Judge Donald G. Wilkerson on 2/23/2018. (sgp) (Entered: 02/26/2018)
2018-02-28	80	WITHDRAWN PER ORDER AT DOC. 89 MOTION for Partial Summary Judgment as to 13 Federal Bureau of Investigation ("FBI") FOIA Claims by William A White. Responses due by 4/2/2018.(jsm2) Modified on 3/19/2018 (kdb). (Entered: 02/28/2018)
2018-02-28	81	MOTION for Briefing Schedule re 65 MOTION for Summary Judgment, 80 MOTION for Summary Judgment, 73 MOTION for Summary Judgment, 68 MOTION for Summary Judgment, 75 MOTION for Summary Judgment, 74 MOTION for Summary Judgment by Department of Justice. (Garrison, Suzanne) (Entered: 02/28/2018)
2018-03-02	82	WITHDRAWN PER ORDER AT DOC. 89 MOTION for Leave to File an Extended Pleading by William A White. (jsm2) Modified on 3/19/2018 (kdb). (Entered: 03/02/2018)
2018-03-02	83	ORDER GRANTING 81 Motion. For good cause shown, Defendants shall respond to the pending motions for summary judgment, and any additional motions for summary judgment filed by Plaintiff, by June 21, 2018. Plaintiff is reminded that his deadline for filing such motions is March 23, 2018 and is directed to review this Court's previous Order setting that deadline 79 . Defendants are further GRANTED until June 21, 2018 to file their own motions for summary judgment. Signed by Magistrate Judge Donald G. Wilkerson on 3/2/2018. (sgp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 03/02/2018)
2018-03-02	84	RESPONSE in Opposition re 82 MOTION for Leave to File an Extended Pleading. filed by Department of Justice. (Garrison, Suzanne) (Entered: 03/02/2018)
2018-03-06		Set/Reset Deadlines as to 75 MOTION for Summary Judgment, 74 MOTION for Summary Judgment, 80 MOTION for Summary Judgment, 65 MOTION for Summary Judgment, 68 MOTION for Summary Judgment, 73 MOTION for Summary Judgment. Responses due by 6/21/2018 (kdb) (Entered: 03/06/2018)
2018-03-12	85	RESPONSE to 81 Motion for Miscellaneous Relief filed by William A White. (jsm2) (Entered: 03/12/2018)
2018-03-15	86	MOTION for Leave to File an Extended Pleading, Consolidated Third Motion for Summary Judgment by William A White. (jsm2) (Entered: 03/15/2018)
2018-03-15	87	MOTION to Withdraw 65 MOTION for Summary Judgment, 42 MOTION for Partial Summary Judgment, 73 MOTION for Summary Judgment, 68 MOTION for Summary Judgment, 75 MOTION for Summary Judgment, 74 MOTION for Summary Judgment by William A White. (jsm2) (Entered: 03/15/2018)
2018-03-15	88	MOTION to Withdraw Document 82 MOTION for Leave to File an Extended Pleading and Reply by William A White. (jsm2) (Entered: 03/15/2018)
2018-03-16	89	ORDER, The Court GRANTS the motions to withdraw (Docs. 87 & 88) and ORDERS that the pending summary judgment motions (Docs. 42, 65, 68, 73, 74, 75 & 80) and the pending motion for leave to exceed the page limit (Doc. 82) are WITHDRAWN. The Court further GRANTS the motion for leave to file a single, consolidated summary judgment motion that exceeds the twenty-page limit (Doc. 86) and DIRECTS the Clerk of Court to file the tendered motion, along with the proposed exhibits. Signed by Judge J. Phil Gilbert on 3/16/2018. (jdh) (Entered: 03/16/2018)
2018-03-19	90	THIRD MOTION for Summary Judgment by William A White. Responses due by 4/23/2018 (Attachments: # 1 Proposed Exhibits)(kdb) (Entered: 03/19/2018)
2018-06-18	91	MOTION to Exceed Page Limit by Department of Justice. (Garrison, Suzanne) (Entered: 06/18/2018)
2018-06-20	92	ORDER granting 91 Motion to exceed page limit. Signed by Judge J. Phil Gilbert on 6/20/2018. (tlp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/20/2018)
2018-06-21	93	Second MOTION for Extension of Time to Respond to Third Motion for Summary Judgment , First MOTION for Extension of Time to File Cross-Motion for Summary Judgment by All Defendants. (Garrison, Suzanne) (Entered: 06/21/2018)
2018-06-22	94	ORDER granting 93 Motion for Extension of Time. The defendants' Response to Third Motion for Summary Judgment and the defendants' Cross-Motion for Summary Judgment are due June 29, 2018. Signed by Judge J. Phil Gilbert on 6/22/2018. (tlp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/22/2018)
2018-06-25	95	RESPONSE to Motion re 90 MOTION for Summary Judgment filed by Department of Justice. (Attachments: # 1 Attachment 1 - Second Declaration of David Hardy, # 2 Attachment 2 - Hardy Declaration Exhibit A, # 3 Attachment 4 - Declaration of Peter Chisholm, # 4 Attachment 5 - Declaration of Erika Fenstermaker, # 5 Attachment 6 - Fenstermaker Declaration Exhibit A, # 6 Attachment 7 - Fenstermaker Vaughn Index, # 7 Attachment 8 - Declaration of John Wallace, # 8 Attachment 9 - Declaration of Katherine Day, # 9 Attachment 10 - Summary of Plaintiff's FOIA Requests)(Garrison, Suzanne) (Entered: 06/25/2018)
2018-06-25	96	Sealed Document Attachment 3 - In Camera Ex Parte Declaration of David Hardy re 95 Response to Motion,, by Department of Justice. (Garrison, Suzanne) (Entered: 06/25/2018)
2018-06-29	97	MOTION to Vacate 92 Order on Motion for Miscellaneous Relief, 94 Order on Motion for Extension of Time, and Strike 91 and 93 for Lack of Service by William A White. (jsm2) (Entered: 06/29/2018)
2018-06-29	98	Cross MOTION for Summary Judgment by Department of Justice. Responses due by 8/2/2018 (Garrison, Suzanne) (Entered: 06/29/2018)
2018-06-29	99	NOTICE by Department of Justice to pro se Plaintiff of Consequences of Failing to Respond to Defendants Cross-Motion for Summary Judgment (Garrison, Suzanne) (Entered: 06/29/2018)
2018-07-02	100	RESPONSE to 97 Motion to Vacate filed by All Defendants. (Garrison, Suzanne) (Entered: 07/02/2018)
2018-07-03	101	ORDER re: 97 Motion to Vacate. Plaintiff shall have up to and including July 27, 2018, to file objections to the defendants' requests for an extension of 93 time and of 91 page limits. Plaintiff's response to the defendants' 98 motion for summary judgment is stayed pending resolution of his 97 motion to vacate. Signed by Judge J. Phil Gilbert on 7/3/2018. (tlp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 07/03/2018)
2018-07-10	102	MOTION to Strike 98 Cross MOTION for Summary Judgment as Frivolous, Malicious, Impertinent, and, Intended to Harass by William A White. (jaj) (Entered: 07/10/2018)
2018-07-10	103	MOTION to Strike 95 Response to Motion and Related Exhibits as Untimely, and, in Violation of SD Ill Local Rule 7.1(d) by William A White. (jsm2) (Entered: 07/10/2018)
2018-07-10	104	MOTION for Extension of Time to File and for Leave to File an Extended Reply Brief by William A White. (jsm2) (Entered: 07/10/2018)
2018-07-12	105	ORDER granting 104 Motion for Extension of Time and for Extension of Page Limit. Plaintiff's reply to the defendants' response to his 90 summary judgment motion is stayed pending resolution of his 97 motion to vacate. Plaintiff's brief shall not exceed 30 pages. Signed by Judge J. Phil Gilbert on 7/12/2018. (tlp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 07/12/2018)
2018-07-12	106	STRICKEN PER ORDER AT DOC. 115 - EXHIBITS to Doc. 104 by William A White. (jsm2) Modified on 7/19/2018 (mar). (Entered: 07/12/2018)
2018-07-12	107	MOTION to Set Briefing Schedule by William A White. (jsm2) (Entered: 07/12/2018)
2018-07-12	108	RESPONSE to Motion re 98 Cross MOTION for Summary Judgment filed by William A White. (jsm2) (Entered: 07/12/2018)
2018-07-12	109	MOTION for Leave to Take Discovery by William A White. (jsm2) (Entered: 07/12/2018)
2018-07-12	110	RESPONSE to Motion re 109 MOTION for Discovery filed by Department of Justice. (Garrison, Suzanne) (Entered: 07/12/2018)
2018-07-12	111	RESPONSE to Motion re 103 MOTION to Strike 95 Response to Motion,, filed by Department of Justice. (Garrison, Suzanne) (Entered: 07/12/2018)
2018-07-13	112	Letter from William A. White regarding exhibits to Reply to Doc. 95 in two separate envelopes. (jsm2) (Entered: 07/13/2018)
2018-07-13	113	REPLY to Response to Motion re 90 MOTION for Summary Judgment filed by William A White. (jsm2) (Additional attachment(s) added on 8/3/2018: # 1 Exhibit) (kdb). (Entered: 07/13/2018)
2018-07-16	114	OBJECTIONS to 93 Motion for Extension of Time, Motion for Extension of Time to File, 91 Motion for Miscellaneous Relief by William A White. (jaj) (Entered: 07/16/2018)
2018-07-17	115	ORDER STRIKING 106 Exhibit filed by William A White. These unnecessary documents were filed in support of a motion upon which the Court has already ruled and should not have been filed separately from the motion. The Court reminds White that the Court file is not a repository for his evidence in support of his case. Signed by Judge J. Phil Gilbert on 7/17/2018. (tlp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 07/17/2018)
2018-07-26	116	MOTION to Vacate Court's Order Striking Exhibits 115 Order by William A White. (jsm2) (Entered: 07/26/2018)
2018-08-02	117	MEMORANDUM AND ORDER. Signed by Judge J. Phil Gilbert on 8/2/2018. (jdh) (Entered: 08/02/2018)
2018-08-03	118	MOTION to Sanction Assistant US Attorney Suzanne M Garrison and, the Department of Justice by William A White. (jsm2) (Entered: 08/03/2018)
2018-08-03	119	NOTICE of Intent to Seek Sanctions by William A White. (jsm2) (Entered: 08/03/2018)
2018-08-08	120	RESPONSE to Motion re 118 MOTION for Sanctions filed by Department of Justice. (Garrison, Suzanne) (Entered: 08/08/2018)
2018-08-16	121	REPLY to Response to Motion re 118 MOTION for Sanctions filed by William A White. (jaj) (Entered: 08/16/2018)
2018-08-31	122	RESPONSE to 108 Response to Motion filed by Department of Justice. (Attachments: # 1 Attachment 1, Declaration of Katherine A. Day, # 2 Attachment 2, Summary of William White's FOIA Requests)(Garrison, Suzanne) (Entered: 08/31/2018)
2018-09-04	123	NOTICE RESCHEDULING HEARING: The Final Pretrial Conference is Reset for 3/20/2019 at 9:00 AM with a Bench Trial date of 4/1/2019 at 9:00 AM in Benton Courthouse before Judge J. Phil Gilbert. This matter is STRICKEN from the previous final pre-trial and trial settings.(tag)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/04/2018)
2018-09-10	124	MOTION to Strike Portions of 122 Response as Insufficient, Immaterial, Impertinent, and, Scandalous pursuant to Fed.R.Civ.P.12(f) by William A White. (jsm2) (Entered: 09/10/2018)
2018-09-10	125	MOTION to Order AUSA Suzanne M. Garrison, and, the Department of Justice, to Show Cause Why They Should not be Held in Criminal Contempt for Tampering with an Officer of the Court, and, a Witness, and, Resisting the Lawful Process of the Court by William A White. (jsm2) (Entered: 09/10/2018)
2018-10-01	126	MOTION for Leave to File Supplemental Evidence in Support of My Motion for Summary Judgment 90 and, in Opposition to Defendants' Motion for Summary Judgment 98 by William A White. Proposed Supplement received and under review. (jaj) (Entered: 10/01/2018)
2018-10-02	127	ORDER denying 125 Motion for order to show cause. White believes the Government's counsel should be held in contempt of court for statingcorrectlythat the Department of Justice is "empowered to file a civil action to restrain harassment of a victim or a witness" in a federal criminal case if information about those third parties is ordered to be disclosed pursuant to the FOIA. This is not the type of conduct that warrants an order to show cause for criminal contempt for unlawfully influencing, injuring or impeding a juror or officer of the Court, see 18 U.S.C. § 1503(a), or for unlawfully obstructing, influencing or impeding an official proceeding, see 18 U.S.C. § 1512(c). Signed by Judge J. Phil Gilbert on 10/2/2018. (tlp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 10/02/2018)
2018-10-02	128	ORDER denying 126 Motion for Leave to File. White attempts to submit additional documents to supplement his summary judgment briefing. He did not cite those documents or explain their significance in his original briefing, and to allow them to be added at this point would work an end-run around Local Rule 7.1(c)'s prohibition on sur-reply briefs. Signed by Judge J. Phil Gilbert on 10/2/2018. (tlp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 10/02/2018)
2019-01-08	129	Case Reassigned to Magistrate Judge Gilbert C. Sison. Magistrate Judge Donald G. Wilkerson no longer assigned to the case. (cds) (Entered: 01/08/2019)
2019-01-14	130	NOTICE by Department of Justice Regarding Processing of FBI FOIA Response (Garrison, Suzanne) (Entered: 01/14/2019)
2019-01-25	131	REPLY to Defendant FBI's 130 Notice filed by William A White. (lmb) (Entered: 01/25/2019)
2019-02-15	132	MEMORANDUM AND ORDER, The Court DENIES White's motion for sanctions (Doc. 118 ).The Court DENIES White's motion to strike the defendants' reply in support of its cross-motion for summary judgment (Doc. 124 ). Signed by Judge J. Phil Gilbert on 2/15/2019. (jdh) (Entered: 02/15/2019)
2019-02-15	133	MOTION for Leave to Present Additional Evidence by William A White. (Attachments: # 1 Exhibits to Motion)(lmb) (Entered: 02/19/2019)
2019-03-05	134	ORDER denying 133 Motion for leave to present additional evidence. White attempts to submit additional documents to supplement his summary judgment briefing. He did not cite those documents or explain their significance in his original briefing, and to allow them to be added at this point would work an end-run around Local Rule 7.1(c)'s prohibition on sur-reply briefs. Signed by Judge J. Phil Gilbert on 3/5/2019. (tlp) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 03/05/2019)
2019-03-18	135	NOTICE RESCHEDULING HEARING: The Final Pretrial Conference is Reset for 7/16/2019 at 9:00 AM with a Bench Trial date of 7/29/2019 at 9:00 AM in Benton Courthouse before Judge J. Phil Gilbert. This matter is STRICKEN from the previous final pre-trial and trial settings.(tag)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 03/18/2019)
2019-07-10	136	ORDER to Continue Final Pretrial Conference and Jury Trial: The Court resets the Final Pretrial Conference to 1/8/2020 at 9:30 AM and the Jury Trial to 1/27/2020 at 9:00 AM, both in Benton Courthouse before Judge J. Phil Gilbert. Signed by Judge J. Phil Gilbert on 7/10/2019. (lmt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 07/10/2019)
2019-07-10	137	NOTICE of Modification in re: Order 136 . The Order at docket entry 136 incorrectly stated a Jury Trial had been set for 1/27/2020 rather than a Bench Trial. The Bench Trial is set for 1/27/2020 at 9:00 AM in Benton Courthouse before Judge J. Phil Gilbert. (lmt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 07/10/2019)
2019-11-22	138	ORDER: Pursuant to Administrative Order 257, effective immediately, this case will no longer be referred to a Magistrate Judge for pretrial proceedings. Should the parties elect to consent to have the Magistrate Judge conduct all proceedings in this matter, the Notice and Consent to Proceed Before a Magistrate Judge form shall be filed within 14 days of this Order or before the deadline for filing dispositive motions, whichever is later. Consents filed after this deadline may not be accepted by the District Judge. Magistrate Judge Gilbert C. Sison no longer assigned to case. All future documents must bear case number 16-948-JPG. Signed by Judge J. Phil Gilbert on 11/22/2019. (Attachments: # 1 Administrative Order)(dkd) (Entered: 11/22/2019)
2019-12-06	139	CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (rah) (Entered: 12/09/2019)
2019-12-20	140	NOTICE RESCHEDULING HEARING: The Final Pretrial Conference is Reset for 6/24/2020 at 9:00 AM with a Bench Trial date of 7/9/2020 at 9:00 AM in Benton Courthouse before Judge J. Phil Gilbert. This matter is STRICKEN from the previous final pre-trial and trial settings.(tag)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 12/20/2019)
2020-05-01	141	NOTICE by Department of Justice regarding COVID-19 (Attachments: # 1 Declaration)(Garrison, Suzanne) (Entered: 05/01/2020)
2020-05-05	142	NOTICE RESCHEDULING BENCH TRIAL. The Bench Trial is Reset for 7/6/2020 at 9:00 AM in Benton Courthouse before Judge J. Phil Gilbert. This matter is STRICKEN from the 7/9/2020 docket.(tag)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 05/05/2020)
2020-05-19	143	MEMORANDUM AND ORDER, The Court DENIES White's motion for summary judgment (Doc. 90), GRANTS the DOJ's cross-motion for summary judgment (Doc. 98) and DIRECTS the Clerk of Court to enter judgment accordingly. Signed by Judge J. Phil Gilbert on 5/19/2020. (jdh) (Entered: 05/19/2020)
2020-05-19	144	CLERK'S JUDGMENT. Approved by Judge J. Phil Gilbert on 5/19/2020. (jdh) (Entered: 05/19/2020)
2020-05-19	145	MOTION to Continue Trial and Open Discovery by William A White. (rah) (Entered: 05/19/2020)
2020-05-20	146	ORDER denying as moot 145 Motion to Continue in light of the 144 judgment entered on May 19, 2020. Signed by Judge J. Phil Gilbert on 5/20/2020. (tlp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 05/20/2020)
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