Case Detail

FOIA Project Annotation: A federal court in Texas has ruled that the FAA properly responded to five separate FOIA requests submitted by Harold Rutila, who failed to pass the air traffic controller training for the FAA. Rutila's first FOIA request asked for FAA Academy Quality Assurance SOPs. The FAA asked for clarification as to the time frame. Rutila provided the clarification four days later, at which time his request was considered perfected for purposes of the agency's obligation to respond within 20 working days. Twenty days later, the FAA informed Rutila that it would charge $2,570 for search time. Rutila argued that since the agency had missed the statutory time limit for responding, it was prohibited from charging fees. The court found that the FAA had responded in time by using the date on which his request was perfected, rather than the date originally received as claimed by Rutila. The court explained that "here, the parties narrowed the scope of the inquiry on September 11, 2016, when the FAA received a timeframe for the requested records. Until that point, the FAA could not determine precisely what records Rutila requested because his initial request included all documents regardless of date of creation. Rutila's response to the FAA inquiry further evinces the need for clarification because Rutila only wanted documents from 'a period of 12 months beginning on September 7th, 2015.' Accordingly, Rutila's refusal to pay failed to exhaust his administrative remedies." Rutila also submitted several requests asking for emails regarding Madeline Bostic, an FAA employee. The agency contended they were too broad to search. Judge Jane Boyle agreed, noting that "Rutila requested all records in this system 'for Madeline Bostic.' This last phrase fails to describe what Rutila sought. Does he seek all BMC Remedy records submitted by Madeline Bostic, all records that mention Madeline Bostic, both, or something else? The request also broadly asks for all 'related' tickets. This lack of specificity and overly broad request demonstrates Rutila's failure to reasonably describe the records sought." Rutila's requests also referenced the VMAT system, a term the court found too broad. Boyle observed that "however, within the FAA, 'there are multiple help desks. . .to which employees may have referred to as the VMAT system.' Rutila did not pinpoint which system or systems he wanted the FAA to search. Further, Rutila â€" similarly to the first request â€" sought 'all VMAT requests submitted for Madeline Bostic.' What he means by that is inherently unclear." Boyle also rejected Rutila's claim that some of his requests could be answered by providing screenshots. She noted that several cases indicated that agencies were not required to provide screenshots in response to a request. Instead, she pointed out that "taking a screenshot of these programs like Rutila requests would require the agency to create a record not already in existence."
Issues: Litigation - Jurisdiction - Failure to Exhaust

Date Filed	Doc #	Docket Text
2016-10-17	1	New Case Notes: A filing fee has been paid, receipt # 94801. Case received over counter/electronically. No prior sanctions found. (For court use only - links to the national and circuit indexes.) Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Toliver). Clerk to provide copy to plaintiff if not received electronically. (epm) Modified on 10/17/2016 (epm). (Entered: 10/17/2016)
2016-10-17	2	Notice and Instruction to Pro Se Party. (epm) (Entered: 10/17/2016)
2016-10-17	3	COMPLAINT against Federal Aviation Administration, United States Department of Transportation filed by Harold Edward Rutila, IV. (Filing fee $400; Receipt number 94801) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (epm) (Entered: 10/17/2016)
2016-10-17	4	CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Harold Edward Rutila, IV. (epm) (Entered: 10/17/2016)
2016-10-17	5	Summons Issued as to All Defendants. (epm) (Entered: 10/17/2016)
2016-10-17		***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2. Mon Oct 17 15:54:00 CDT 2016 (crt) (Entered: 10/17/2016)
2016-10-18	6	NOTICE of Change of Address for Pro Se litigant Harold Edward Rutila, IV. New address: 2255 Arkansas Lane Apt # 3311 Grand Prairie, TX 75052. (Rutila, Harold) (Entered: 10/18/2016)
2016-10-22	7	AMENDED COMPLAINT AND NOTICE OF FIRST AMENDED COMPLAINT against All Defendants filed by Harold Edward Rutila, IV. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s) First Amended Complaint for Injunctive Relief, # 2 Exhibit(s) 1-40) (Rutila, Harold) (Entered: 10/22/2016)
2016-10-26	8	SUMMONS Returned Executed as to Federal Aviation Administration, served on 10/24/2016; United States Department of Transportation, served on 10/24/2016 . (Attachments: # 1 Exhibit(s) USPS Confirmation) (Rutila, Harold) Modified text on 10/27/2016 (rekc). (Entered: 10/26/2016)
2016-10-26	9	CERTIFICATE OF SERVICE by Harold Edward Rutila, IV re 7 Amended Complaint,, NOTICE OF FIRST AMENDED COMPLAINT FOR INJUNCTIVE RELIEF Served Upon All Federal Defendants, Civil Process Clerk for the Northern District of Texas (Dallas Division), Attorney General of the U.S. Service completed 10/26/2016. (Attachments: # 1 Exhibit(s) USPS Proof) (Rutila, Harold) (Entered: 10/26/2016)
2016-10-28	10	Mail returned as undeliverable. 2 Notice and Instruction to Pro Se Party, 1 New Case/QC, received back from Harold Edward Rutila, IV as RTS-No such number. Address updated from last filed document, 6 . New address: 2255 Arkansas Lane Apt # 3311 Grand Prairie, TX 75052. The current document has been ReNEF, plaintiff provided email address. (epm) Modified on 10/28/2016 (epm). (Entered: 10/28/2016)
2016-11-16	11	ANSWER to 7 Amended Complaint,, filed by Federal Aviation Administration, United States Department of Transportation. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorney Marti M Watkins Cherry-DOJ added to party Federal Aviation Administration(pty:dft), Attorney Marti M Watkins Cherry-DOJ added to party United States Department of Transportation(pty:dft) (Cherry-DOJ, Marti) (Entered: 11/16/2016)
2016-11-16	12	CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Federal Aviation Administration, United States Department of Transportation. (Cherry-DOJ, Marti) (Entered: 11/16/2016)
2016-11-17	13	STATUS REPORT ORDER: Joint Status Report due by 12/16/2016. (Ordered by Judge Jane J Boyle on 11/17/2016) (sss) (Entered: 11/17/2016)
2016-12-15	14	Joint STATUS REPORT filed by Federal Aviation Administration, United States Department of Transportation. (Cherry-DOJ, Marti) (Entered: 12/15/2016)
2016-12-16	15	Unopposed MOTION to Extend Time Initial Disclosure Deadline filed by Federal Aviation Administration, United States Department of Transportation (Cherry-DOJ, Marti) (Entered: 12/16/2016)
2016-12-16	16	RESPONSE filed by Harold Edward Rutila, IV re: 15 Unopposed MOTION to Extend Time Initial Disclosure Deadline (Rutila, Harold) (Entered: 12/16/2016)
2016-12-21	17	ELECTRONIC ORDER granting 15 Motion to Extend Time. The Court GRANTS Defendants' Unopposed Motion to Extend Initial Disclosure Deadline. Defendants' initial disclosures under Federal Rule of Civil Procedure 26 are now due January 20, 2017. (Ordered by Judge Jane J Boyle on 12/21/2016) (chmb) (Entered: 12/21/2016)
2016-12-21	18	SCHEDULING ORDER: Jury Trial set for 12/4/2017 before Judge Jane J Boyle. Joinder of Parties due by 3/9/2017. Amended Pleadings due by 3/9/2017. Motions due by 9/5/2017. Discovery due by 8/7/2017. Deadline for mediation is on or before 7/7/2017. Pretrial Order due by 11/20/2017. Pretrial Materials due by 11/20/2017. Pretrial Conference set for 12/1/2017 10:00 AM before Judge Jane J Boyle. (Ordered by Judge Jane J Boyle on 12/21/2016) (epm) (Entered: 12/21/2016)
2016-12-30	19	First MOTION to Compel Vaughn Index of Withholding , First MOTION to Expedite Deadlines set forth in Scheduling Order (), First MOTION to Vacate 18 Scheduling Order, 17 Order on Motion to Extend Time, Request First Amended Complaint due by 2/1/17, Vaughn by 3/15/17, Mediation by 3/27/17, Defendant's MSJ by 4/10/17, Response/Cross-Motion by 5/15/17, Defendant's Reply by 6/5/17, Plaintiff's Reply (Cross-Motion) by 06/26/17. filed by Harold Edward Rutila, IV with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Rutila, Harold) (Entered: 12/30/2016)
2017-01-04	20	RESPONSE filed by Federal Aviation Administration, United States Department of Transportation re: 19 First MOTION to Compel Vaughn Index of Withholding First MOTION to Expedite Deadlines set forth in Scheduling Order First MOTION to Vacate 18 Scheduling Order, 17 Order on Motion to Extend Time, Request First Amended Complaint due by 2/1/17, Vaughn by 3/15/17, Mediation by 3/27/17, Defendant's MSJ by 4/10/17, Response/Cross-Motion by 5/15/17, Defen (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s)) (Cherry-DOJ, Marti) (Entered: 01/04/2017)
2017-01-11	21	REPLY filed by Harold Edward Rutila, IV re: 19 First MOTION to Compel Vaughn Index of Withholding First MOTION to Expedite Deadlines set forth in Scheduling Order First MOTION to Vacate 18 Scheduling Order, 17 Order on Motion to Extend Time, Request First Amended Complaint due by 2/1/17, Vaughn by 3/15/17, Mediation by 3/27/17, Defendant's MSJ by 4/10/17, Response/Cross-Motion by 5/15/17, Defen (Rutila, Harold) (Entered: 01/11/2017)
2017-01-12	22	ORDER REFERRING MOTION: Before the Court is Plaintiff's Motion to Vacate, Set, Expedite Deadlines; Compel Vaughn Index. Doc. 19 . The Court refers this motion to United States Magistrate Judge Renee H. Toliver for hearing, if necessary, and determination or recommendation to this Court. (Ordered by Judge Jane J. Boyle on 1/12/2017) (sss) (Entered: 01/13/2017)
2017-01-17	23	Initial Disclosures filed by Harold Edward Rutila, IV re: 17 Order on Motion to Extend Time. (Rutila, Harold) Modified text on 1/18/2017 (rekc). (Entered: 01/17/2017)
2017-01-20	24	Designation of Mediator by Federal Aviation Administration, United States Department of Transportation. (Cherry-DOJ, Marti) (Entered: 01/20/2017)
2017-01-23	25	MEDIATION ORDER. The court appoints Paul L Salzberger as mediator. Alternative Dispute Resolution Summary form provided electronically or by US Mail as appropriate. The Court ORDERS the parties to complete mediation no later than 7/7/2017. (Ordered by Judge Jane J. Boyle on 1/23/2017) (twd) (Entered: 01/24/2017)
2017-03-09	26	AMENDED COMPLAINT FOR INJUNCTIVE RELIEF against All Defendants filed by Harold Edward Rutila, IV. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Proposed Amendment Proposed Amendment & Exhibit 1 - Second Amended Complaint for Injunctive Relief, # 2 Exhibit(s) Exhibit 2 - Exhibits to Second Amended Complaint, # 3 Exhibit(s) Exhibit 3 - Communications between Parties) (Rutila, Harold) (Entered: 03/09/2017)
2017-03-23	27	ANSWER to 26 Amended Complaint filed by Federal Aviation Administration, United States Department of Transportation. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Cherry-DOJ, Marti) (Entered: 03/23/2017)
2017-04-04	28	First MOTION to Vacate 18 Scheduling Order, 25 Order Referring Case to ADR, Vacate Mediation filed by Harold Edward Rutila, IV (Rutila, Harold) (Entered: 04/04/2017)
2017-04-06	29	ADDITIONAL ATTACHMENTS to 28 Motion to Vacate by Plaintiff Harold Edward Rutila, IV. (Rutila, Harold) (Entered: 04/06/2017)
2017-04-06	30	Designation of Experts by Harold Edward Rutila, IV. (Rutila, Harold) (Entered: 04/06/2017)
2017-04-20	31	RESPONSE filed by Federal Aviation Administration, United States Department of Transportation re: 28 First MOTION to Vacate 18 Scheduling Order, 25 Order Referring Case to ADR, Vacate Mediation (Attachments: # 1 Proposed Order) (Cherry-DOJ, Marti) (Entered: 04/20/2017)
2017-04-20	32	ELECTRONIC ORDER denying 28 Motion to Vacate. The parties are ORDERED to complete the mediation process as scheduled. (Ordered by Judge Jane J. Boyle on 4/20/2017) (Judge Jane J. Boyle) (Entered: 04/20/2017)
2017-05-09	33	ELECTRONIC ORDER finding as moot 19 Motion to Compel; finding as moot 19 Motion to Expedite; finding as moot 19 Motion to Vacate. Plaintiff's Motion is DENIED as moot given the events that have transpired in the case since the filing of the motion. Plaintiff is DIRECTED to seek leave of Court prior to filing another motion to compel a Vaughn index. (Ordered by Magistrate Judge Renee Harris Toliver on 5/9/2017) (chmb) (Entered: 05/09/2017)
2017-06-28	34	Alternative Dispute Resolution Summary filed by Paul L Salzberger. Attorneys in Attendance: Mary Cherry. Prv Fee: $ 1000.00. Outcome of ADR: Parties were unable to reach a settlement. (Salzberger, Paul) (Entered: 06/28/2017)
2017-07-04	35	THIRD AMENDED COMPLAINT for Injunctive Relief against Federal Aviation Administration, United States Department of Transportation filed by Harold Edward Rutila, IV. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Proposed Amendment Third Amended Complaint for Injunctive Relief, # 2 Exhibit(s) 1-78) (Rutila, Harold) (Entered: 07/04/2017)
2017-07-12	36	MOTION for Extension of Time to File Response/Reply to 35 Amended Complaint,,,, MOTION to Stay Deadlines () filed by Federal Aviation Administration, United States Department of Transportation (Cherry-DOJ, Mary) (Entered: 07/12/2017)
2017-07-13	37	RESPONSE AND OBJECTION filed by Harold Edward Rutila, IV re: 36 MOTION for Extension of Time to File Response/Reply to 35 Amended Complaint, MOTION to Stay Deadlines (Rutila, Harold) (Entered: 07/13/2017)
2017-07-14	38	ORDER granting 36 Motion to Extend Time to File Response/Reply; granting 36 Motion to Stay. The Court further ORDERS that Defendants shall answer or otherwise respond to Plaintiff's Third Amended Complaint (Dkt. 35) on or before 8/25/2017. The Court further ORDERS that the remaining deadlines in this case are hereby STAYED. (Ordered by Judge Jane J. Boyle on 7/14/2017) (ykp) (Entered: 07/17/2017)
2017-08-25	39	MOTION to Dismiss PLAINTIFF'S THIRD AMENDED COMPLAINT filed by Federal Aviation Administration, United States Department of Transportation (Cherry-DOJ, Mary) (Entered: 08/25/2017)
2017-08-25	40	Brief/Memorandum in Support filed by Federal Aviation Administration, United States Department of Transportation re 39 MOTION to Dismiss PLAINTIFF'S THIRD AMENDED COMPLAINT (Cherry-DOJ, Mary) (Entered: 08/25/2017)
2017-08-25	41	Appendix in Support filed by Federal Aviation Administration, United States Department of Transportation re 40 Brief/Memorandum in Support of Motion (Attachments: # 1 Additional Page(s), # 2 Additional Page(s), # 3 Additional Page(s)) (Cherry-DOJ, Mary) (Entered: 08/25/2017)
2017-08-25	42	***DISREGARD, counsel will refile*** ANSWER to 35 Amended Complaint,,, filed by Federal Aviation Administration, United States Department of Transportation. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Cherry-DOJ, Mary) Docket text modified on 8/25/2017 (twd). (Entered: 08/25/2017)
2017-08-25	43	ANSWER to 35 Amended Complaint,,, filed by Federal Aviation Administration, United States Department of Transportation (Cherry-DOJ, Mary) Modified title on 8/28/2017 (awc). (Entered: 08/25/2017)
2017-09-15	44	RESPONSE AND OBJECTION filed by Harold Edward Rutila, IV re: 39 MOTION to Dismiss PLAINTIFF'S THIRD AMENDED COMPLAINT (Rutila, Harold) (Entered: 09/15/2017)
2017-09-15	45	Appendix in Support filed by Harold Edward Rutila, IV re 44 Response/Objection to Defendants' Partial Motion to Dismiss (Attachments: # 1 Exhibit(s) Appendix of Exhibits) (Rutila, Harold) (Entered: 09/15/2017)
2017-09-26	46	Supplemental Document by Harold Edward Rutila, IV as to 44 Response/Objection Notice of Supplemental Authority, order in similar case. . (Attachments: # 1 Exhibit(s) 1 - Order Terminating Defendants' Motion to Dismiss) (Rutila, Harold) (Entered: 09/26/2017)
2017-09-29	47	REPLY filed by Federal Aviation Administration, United States Department of Transportation re: 39 MOTION to Dismiss PLAINTIFF'S THIRD AMENDED COMPLAINT (Cherry-DOJ, Mary) (Entered: 09/29/2017)
2017-10-04	48	MOTION to Consolidate Cases filed by Federal Aviation Administration, United States Department of Transportation with Brief/Memorandum in Support. (Cherry-DOJ, Mary) (Entered: 10/04/2017)
2017-10-25	49	RESPONSE AND OBJECTION filed by Harold Edward Rutila, IV re: 48 MOTION to Consolidate Cases (Rutila, Harold) (Entered: 10/25/2017)
2017-10-30	50	STANDING ORDER OF REFERENCE: This case is hereby referred to U.S. Magistrate Judge Renee H. Toliver for pretrial management. All non-dispositive motions are prospectively referred to the magistrate judge for determination. All case dispositive motions are prospectively referred to the magistrate judge for recommendation. (Ordered by Judge Jane J. Boyle on 10/30/2017) (sss) (Entered: 10/30/2017)
2017-11-03	51	MOTION to Dismiss PLAINTIFF'S FIRST AMENDED COMPLAINT FOR INJUNCTIVE RELIEF filed by Federal Aviation Administration, United States Department of Transportation (Cherry-DOJ, Mary) (Entered: 11/03/2017)
2017-11-03	52	Brief/Memorandum in Support filed by Federal Aviation Administration, United States Department of Transportation re 51 MOTION to Dismiss PLAINTIFF'S FIRST AMENDED COMPLAINT FOR INJUNCTIVE RELIEF (Cherry-DOJ, Mary) (Entered: 11/03/2017)
2017-11-03	53	Appendix in Support filed by Federal Aviation Administration, United States Department of Transportation re 52 Brief/Memorandum in Support of Motion (Attachments: # 1 Additional Page(s)) (Cherry-DOJ, Mary) (Entered: 11/03/2017)
2017-11-06	54	***VACATED per 56 Order*** ELECTRONIC ORDER terminating 48 Motion to Consolidate Cases. The Motion to Consolidate Cases or Transfer is terminated as moot in light of Judge Godbey's October 12, 2017 order in Case No. 16-CV-3433 transferring this case to the docket of Judge Boyle. (Ordered by Magistrate Judge Renee Harris Toliver on 11/6/2017) (chmb) Modified on 3/14/2018 (sss). (Entered: 11/06/2017)
2017-11-24	55	RESPONSE AND OBJECTION filed by Harold Edward Rutila, IV re: 51 MOTION to Dismiss PLAINTIFF'S FIRST AMENDED COMPLAINT FOR INJUNCTIVE RELIEF (Rutila, Harold) (Entered: 11/24/2017)
2018-03-14	56	ORDER: The Order terminating as moot Defendants' motion to consolidate, Doc. 54 , is VACATED. Defendants' motion to consolidate, filed in case number 3:16-CV-2911-B-BK, Doc. 48 , is GRANTED. Case number 3:16-CV-2911-B-BK is hereby CONSOLIDATED with case number 3:16-CV-3433-B-BK. All subsequent pleadings shall be filed under case number 3:16-CV-2911-B-BK, the first-filed case, and all pleadings filed in either case since October 12, 2017 (the date of transfer) shall be deemed filed in the consolidated case. Further, for the reasons advanced in Defendants' Motion to Set Aside Default, filed in case number 3:16-CV-3433-B-BK, Doc. 33, that motion is GRANTED. The Clerk's Entry of Default on 11/27/2018, in case number 3:16-CV-3433-B-BK, is hereby set aside. Finally, based on the foregoing, the Defendants' Motion for Leave to Re-file Defendants' Motion to Dismiss Plaintiff's First Amended Complaint, filed in case number 3:16-CV-3433-B-BK, Doc. 34, is TERMINATED AS MOOT. (Ordered by Magistrate Judge Renee Harris Toliver on 3/14/2018) (sss) (Entered: 03/14/2018)
2018-04-10	57	NOTICE of Change of Address for Pro Se litigant Harold Edward Rutila, IV. New address: 12498 Woodhull Lndg, Fenton, MI 48430. (Rutila, Harold) (Entered: 04/10/2018)
2018-04-10	58	Unopposed MOTION for Leave to File Amended Answer to Defendants' Motion to Dismiss , Dkt. 51, filed by Harold Edward Rutila, IV (Rutila, Harold) (Entered: 04/10/2018)
2018-07-02	59	NOTICE of Pending Motion for Leave, Dkt. 58, filed by Harold Edward Rutila, IV (Rutila, Harold) (Entered: 07/02/2018)
2018-12-28	60	Order Granting Government's Omnibus Motion for Stay of Cases in Light of Lapse of Appropriations (Ordered by Chief Judge Barbara M.G. Lynn on 12/28/2018) (Attachments: # 1 Government's Omnibus Motion for Stay) (lrl) (Entered: 12/28/2018)
2019-01-28	61	ORDER GRANTING GOVERNMENT'S OMNIBUS MOTION FOR LIFT OF STAY: Unless otherwise directed by the United States District Judge presiding in a particular case, all deadlines that had not expired on or before December 21, 2018 in a case covered by the stay order are extended for 34 days (i.e., the duration of the lapse in appropriations for the Department of Justice). (Ordered by Chief Judge Barbara M.G. Lynn on 1/26/2019) (Attachments: # 1 Additional Page(s) Omnibus Motion to Lift Stay) (ctf) (Entered: 01/28/2019)
2019-03-13	62	ELECTRONIC ORDER: On this day, the Court considered Plaintiff's Motion for Leave to File Amended Response to Defendants' Motion to Dismiss , Doc. 58 . The Motion indicates Defendants do not oppose the relief sought, and no response in opposition was filed. Accordingly, the Motion is GRANTED . Because the amended response was not included with the motion for leave, as required by the Local Rules, Plaintiff shall file his amended response no later than April 3, 2019 . (Ordered by Magistrate Judge Renee Harris Toliver on 3/13/2019) (Magistrate Judge Renee Harris Toliver) (Entered: 03/13/2019)
2019-03-13	63	ELECTRONIC ORDER: Defendants are ORDERED to report to the Court by March 27, 2019 , the status of the Freedom of Information Act requests that are the subject of this consolidated case. (Ordered by Magistrate Judge Renee Harris Toliver on 3/13/2019) (Magistrate Judge Renee Harris Toliver) (Entered: 03/13/2019)
2019-03-26	64	STATUS REPORT filed by Federal Aviation Administration, United States Department of Transportation. (Cherry-DOJ, Mary) (Entered: 03/26/2019)
2019-04-03	65	NOTICE of Change of Address for Pro Se litigant Harold Edward Rutila, IV. New address: 400 Gettysburg Rd, Apt. 305, Canton, MI 48187. (Rutila, Harold) (Entered: 04/03/2019)
2019-04-03	66	RESPONSE AND OBJECTION filed by Harold Edward Rutila, IV re: 51 MOTION to Dismiss PLAINTIFF'S FIRST AMENDED COMPLAINT FOR INJUNCTIVE RELIEF (Rutila, Harold) (Entered: 04/03/2019)
2019-04-03	67	NOTICE of Errata re: 66 Response/Objection filed by Harold Edward Rutila, IV (Rutila, Harold) (Entered: 04/04/2019)
2019-04-04	67	NOTICE of Errata re: 66 Response/Objection filed by Harold Edward Rutila, IV. (Rutila, Harold) (Entered: 04/04/2019)
2019-04-04	68	AMENDED DOCUMENT by Harold Edward Rutila, IV. Amendment to 66 Response/Objection. Consistent with 67 Notice of Errata . (Rutila, Harold) (Entered: 04/04/2019)
2019-04-17	69	REPLY filed by Federal Aviation Administration, United States Department of Transportation re: 51 MOTION to Dismiss PLAINTIFF'S FIRST AMENDED COMPLAINT FOR INJUNCTIVE RELIEF (Cherry-DOJ, Mary) (Entered: 04/17/2019)
2019-04-24	70	FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE on Motion re: 39 MOTION to Dismiss PLAINTIFF'S THIRD AMENDED COMPLAINT ; 51 MOTION to Dismiss PLAINTIFF'S FIRST AMENDED COMPLAINT FOR INJUNCTIVE RELIEF . The motions should be GRANTED. (Ordered by Magistrate Judge Renee Harris Toliver on 4/24/2019) (epm) (Entered: 04/24/2019)
2019-04-24	71	ELECTRONIC ORDER: Pretrial Deadlines Because the Court concludes that this appeal of agency administrative action is amenable to disposition on the parties' cross motions for summary judgment, Plaintiff is ORDERED to file a motion for summary judgment with competent evidence by June 24, 2019 . Defendants are ORDERED to file a motion for summary judgment with competent evidence within 30 days of Plaintiff's filing , which rebuts Plaintiff's arguments and seeks any affirmative relief to which they contend they are entitled. Plaintiff may file a response no later than 21 days after Defendants' filing . The parties are further directed to engage in mediation by September 13, 2019 , unless either party can demonstrate good cause for dispensing with this requirement. (Ordered by Magistrate Judge Renee Harris Toliver on 4/24/2019) (chmb) (Entered: 04/24/2019)
2019-05-08	72	RESPONSE AND OBJECTION filed by Harold Edward Rutila, IV re: 70 Findings and Recommendations on Motion re: 39 Motion to Dismiss filed by United States Department of Transportation, Federal Aviation Administration, 51 Motion to Dismiss filed by United States Department of Transportation, Federal Aviati (Rutila, Harold) (Entered: 05/08/2019)
2019-05-13	73	Order Accepting 70 Findings, Conclusions and Recommendation of the United States Magistrate Judge. Defendants' Motion to Dismiss Plaintiff's Third Amended Complaint, Doc. 39 , and Motion to Dismiss Plaintiff's First Amended Complaint for Injunctive Relief, Doc. 51 , are GRANTED. (Ordered by Judge Jane J. Boyle on 5/13/2019) (zkc) (Entered: 05/14/2019)
2019-06-24	74	NOTICE of No Intent to File MSJ filed by Harold Edward Rutila, IV (Rutila, Harold) (Entered: 06/24/2019)
2019-06-25	75	ELECTRONIC ORDER: The Court previously ordered the parties to file cross-motions for summary judgment. Doc. 71 . Defendants' deadline for filing was fixed at 30 days after Plaintiff's filing. Id. However, now that Plaintiff has notified the Court that he does not intend to move for summary judgment, Doc. 74 , Defendants' motion for summary judgment is due by July 16, 2019 . Defendants' briefing should also address Plaintiff's arguments/assertions in his Notice of No Intent to File Motion for Summary Judgment , Doc. 74 , filed June 24, 2019. Any subsequent response and/or reply shall be filed in accordance with N.D. Tex. Local R. 7.1. (Ordered by Magistrate Judge Renee Harris Toliver on 6/25/2019) (chmb) (Entered: 06/25/2019)
2019-06-27	76	Unopposed MOTION to Extend Time to file summary judgment filed by Federal Aviation Administration, United States Department of Transportation (Cherry-DOJ, Mary) (Entered: 06/27/2019)
2019-06-28	77	ELECTRONIC ORDER: Defendants' 76 Unopposed Motion to Modify Schedule and For Continuance is GRANTED as to Defendants' deadline to file their motion for summary judgment, but DENIED as to the parties' deadline to engage in mediation. Defendants' motion for summary judgment is thus due by August 15, 2019. (Ordered by Magistrate Judge Renee Harris Toliver on 6/28/2019) (chmb) (Entered: 06/28/2019)
2019-07-23	78	Unopposed MOTION to Vacate Mediation Requirement 71 filed by Harold Edward Rutila, IV (Attachments: # 1 Declaration(s) of Harold E. Rutila IV) (Rutila, Harold) (Entered: 07/23/2019)
2019-07-23	79	NOTICE of Correction of Declaration Date [78-1] re: 78 Unopposed MOTION to Vacate Mediation Requirement 71 filed by Harold Edward Rutila, IV (Attachments: # 1 Corrected Declaration of Harold E. Rutila IV in Support of 78 ) (Rutila, Harold) (Entered: 07/23/2019)
2019-08-15	80	MOTION for Summary Judgment filed by Federal Aviation Administration, United States Department of Transportation (Cherry-DOJ, Mary) (Entered: 08/15/2019)
2019-08-15	81	Brief/Memorandum in Support filed by Federal Aviation Administration, United States Department of Transportation re 80 MOTION for Summary Judgment (Attachments: # 1 Exhibit(s), # 2 Exhibit(s)) (Cherry-DOJ, Mary) (Entered: 08/15/2019)
2019-08-23	82	ELECTRONIC ORDER granting 78 Motion to Vacate (Ordered by Magistrate Judge Renee Harris Toliver on 8/23/2019) (chmb) (Entered: 08/23/2019)
2019-09-03	83	MOTION for Extension of Time to File Response/Reply to 80 MOTION for Summary Judgment filed by Harold Edward Rutila, IV (Rutila, Harold) (Entered: 09/03/2019)
2019-10-18	84	Unopposed MOTION for Leave to File Response and Objection to Defendants' MSJ filed by Harold Edward Rutila, IV (Rutila, Harold) (Entered: 10/18/2019)
2019-10-19	85	RESPONSE AND OBJECTION filed by Harold Edward Rutila, IV re: 80 MOTION for Summary Judgment (Attachments: # 1 Additional Page(s) Brief in Support, # 2 Exhibit(s) Appendix in Support) (Rutila, Harold) (Entered: 10/19/2019)
2019-10-22	86	ELECTRONIC ORDER: Plaintiff's 84 Unopposed Motion for Leave to File Response and Objection to Defendants' MSJ is GRANTED and Plaintiff's 85 Response and Objection is deemed timely filed. Plaintiff's 83 Motion for Extension of Time to File Response/Reply is TERMINATED AS MOOT . (Ordered by Magistrate Judge Renee Harris Toliver on 10/22/2019) (chmb). (Entered: 10/22/2019)
2019-10-30	87	REPLY filed by Federal Aviation Administration, United States Department of Transportation re: 80 MOTION for Summary Judgment (Cherry-DOJ, Mary) (Entered: 10/30/2019)
2020-04-20	88	NOTICE of Change of Address for Pro Se litigant Harold Edward Rutila, IV. New address: 114 W Adams Ave, Apt 401, Detroit, MI, 48226. (Rutila, Harold) (Entered: 04/20/2020)
2020-04-27	89	FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Defendants' Motion for Summary Judgment, Doc. 80, should be GRANTED. As no claims will remain, the Clerk of the Court should be instructed to close this case. (Ordered by Magistrate Judge Renee Harris Toliver on 4/27/2020) (mcrd) (Entered: 04/27/2020)
2020-05-11	90	RESPONSE AND OBJECTION filed by Harold Edward Rutila, IV re: 89 Findings and Recommendations on Motion re: 80 Motion for Summary Judgment filed by United States Department of Transportation, Federal Aviation Administration. (Rutila, Harold) (Entered: 05/11/2020)
2020-05-20	91	ORDER ACCEPTING THE FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Plaintiff's objections are OVERRULED and the Court accepts the Findings, Conclusions and Recommendation of the United States Magistrate Judge. Defendants' Motion for Summary Judgment, Doc. 80 , is GRANTED, and Plaintiff's remaining claims are DISMISSED. (Ordered by Judge Jane J. Boyle on 5/20/2020) (ctf) (Entered: 05/20/2020)
2020-05-21	92	NOTICE of Attorney Appearance by Kelly Brian McClanahan on behalf of Harold Edward Rutila, IV. (Filer confirms contact info in ECF is current.) (McClanahan, Kelly) (Entered: 05/21/2020)
2020-05-22	93	JUDGMENT: It is ORDERED, ADJUDGED, and DECREED that Defendants' motion, Doc. 80 , is GRANTED. (Ordered by Judge Jane J. Boyle on 5/22/2020) (ctf) (Entered: 05/22/2020)
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