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Case TitleGonzalez v. U.S. Department of Agriculture
DistrictSouthern District of Florida
CityMiami
Case Number1:2017cv24171
Date Filed2017-11-13
Date Closed2018-08-29
JudgeJudge Cecilia M. Altonaga
PlaintiffJoey D Gonzalez
Case DescriptionJoey Gonzalez, an employee of the Department of Agriculture, submitted a FOIA request to the agency for records concerning a climate assessment conducted at the agency's Miami Station. The agency disclosed a redacted version of the climate assessment, citing Exemption 5 (privileges) and Exemption 6 (invasion of privacy). Gonzalez filed an administrative appeal, but the agency's decision was upheld on appeal. Gonzalez then filed suit.
Complaint issues: Litigation - Attorney's fees

DefendantU.S. Department of Agriculture
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-11-131COMPLAINT for Declaratory Judgment, Monetary and Injunctive Relief against U.S. Department of Agriculture, filed by Joey D Gonzalez. Filing fees $ 400.00. NOT PAID/NO IFP FILED. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Summons)(kpe) (Entered: 11/14/2017)
2017-11-132Clerks Notice of Judge Assignment to Judge Cecilia M. Altonaga. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (kpe) (Entered: 11/14/2017)
2017-11-143Clerk's Notice of Filing Deficiency Re: 1 Complaint, filed by Joey D Gonzalez. Document(s) were filed conventionally that should have been filed electronically (CM/ECF Administrative Procedures). (kpe) (Entered: 11/14/2017)
2017-11-144Clerks Notice to Filer re: Electronic Case. Filing fees not paid. Filer is instructed to file a Notice of Compliance of Filing Fee, and electronically pay the correct fees of $400.00 within 24 hours of this notice. (jc) (Entered: 11/14/2017)
2017-11-155Clerks Notice of Receipt of Filing Fee received on 11/15/2017 in the amount of $ 400.00, receipt number FLS100154146 (vt) (Entered: 11/15/2017)
2017-12-146ORDER requiring service to be perfected by 2/11/2018. Signed by Judge Cecilia M. Altonaga on 12/14/2017. (ps1) (Entered: 12/14/2017)
2017-12-157SUMMONS (Affidavit) Returned Executed on 1 Complaint, with a 21 day response/answer filing deadline by Joey D Gonzalez. U.S. Department of Agriculture served on 11/21/2017, answer due 12/12/2017. (Gonzalez Ramos, Joey) (Entered: 12/15/2017)
2017-12-158Order Requiring Joint Scheduling Report and Certificates of Interested Parties by 1/17/2018. Signed by Judge Cecilia M. Altonaga on 12/15/2017. (ps1) (Entered: 12/15/2017)
2018-01-029Certificate of Interested Parties by Joey D Gonzalez identifying Corporate Parent National Federation of Federal Employees, Corporate Parent ADR Vantage, Inc for Joey D Gonzalez (Gonzalez Ramos, Joey) (Entered: 01/02/2018)
2018-01-1510Plaintiff's SCHEDULING REPORT - Rule 26(f) by Joey D Gonzalez (Gonzalez Ramos, Joey) (Entered: 01/15/2018)
2018-01-2311ORDER re 7 Summons Returned Executed filed by Joey D Gonzalez; motion for clerk's default due by. Signed by Judge Cecilia M. Altonaga on 1/23/2018. (ps1) (Entered: 01/23/2018)
2018-01-2512First MOTION for Clerks Entry of Default as to Joey D Gonzalez by Joey D Gonzalez. (Gonzalez Ramos, Joey) (Entered: 01/25/2018)
2018-01-2513Clerks Entry of Default as to United States Department of Agriculture - Motions Terminated: 12 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 1/25/2018. (dj) (Entered: 01/25/2018)
2018-01-2614ORDER ON DEFAULT FINAL JUDGMENT PROCEDURE. Response due by 2/9/2018. Signed by Judge Cecilia M. Altonaga on 1/26/2018. (wc) (Entered: 01/26/2018)
2018-01-2615Defendant's MOTION to Vacate 13 Clerks Entry/Non-Entry of Default by U.S. Department of Agriculture. Attorney Wendy A. Jacobus added to party U.S. Department of Agriculture(pty:dft). Responses due by 2/9/2018 (Jacobus, Wendy) (Entered: 01/26/2018)
2018-01-2916ORDER denying 15 Motion to Vacate. Signed by Judge Cecilia M. Altonaga on 1/29/2018. (ps1) (Entered: 01/29/2018)
2018-01-3117Defendant's MOTION to Vacate 13 Clerks Entry/Non-Entry of Default by U.S. Department of Agriculture. Responses due by 2/14/2018 (Attachments: # 1 Text of Proposed Order)(Jacobus, Wendy) (Entered: 01/31/2018)
2018-01-3118Defendant's RESPONSE to Plaintiff's Application for Entry of Clerk's Default by U.S. Department of Agriculture. (Jacobus, Wendy) (Entered: 01/31/2018)
2018-01-3119ORDER granting 17 Motion to Vacate 13 Clerks Entry of Default. Vacating 13 Clerks Entry of Default. Plaintiff, Joey D. Gonzalez, has until February 21, 2018 to perfect service on U.S. Department of Agriculture. Signed by Judge Cecilia M. Altonaga on 1/31/2018. (ps1) (Entered: 01/31/2018)
2018-02-1420NOTICE of Compliance with Court Order by Joey D Gonzalez (Gonzalez Ramos, Joey) (Entered: 02/14/2018)
2018-02-1421Order Requiring Joint Scheduling Report and Certificates of Interested Parties due by 2/28/2018. Signed by Judge Cecilia M. Altonaga on 2/14/2018. (ps1) (Entered: 02/14/2018)
2018-02-1422Notice of Reassignment of Assistant U.S. Attorney by Charles S. White on behalf of U.S. Department of Agriculture. Attorney Wendy A. Jacobus terminated.. Attorney Charles S. White added to party U.S. Department of Agriculture(pty:dft). (White, Charles) (Entered: 02/14/2018)
2018-02-2823Certificate of Interested Parties by U.S. Department of Agriculture (White, Charles) (Entered: 02/28/2018)
2018-02-2824Certificate of Interested Parties/Corporate Disclosure Statement by Joey D Gonzalez (Gonzalez Ramos, Joey) (Entered: 02/28/2018)
2018-03-0225ORDER that the parties shall comply with the 21 Order by 3/5/2018. Signed by Judge Cecilia M. Altonaga on 3/1/2018. (ps1) (Entered: 03/02/2018)
2018-03-0226Joint SCHEDULING REPORT - Rule 16.1 by Joey D Gonzalez (Gonzalez Ramos, Joey) (Entered: 03/02/2018)
2018-03-0527ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: Trial set for 9/17/2018 in Miami Division before Judge Cecilia M. Altonaga., Calendar Call set for 9/3/2018 at 9:00 AM in Miami Division before Judge Cecilia M. Altonaga., Amended Pleadings due by 3/30/2018., Discovery due by 6/5/2018., Expert Discovery due by 6/5/2018., Joinder of Parties due by 3/30/2018., Mediation Deadline 6/12/2018., In Limine Motions due by 7/17/2018., Motions due by 6/19/2018., Pretrial Stipulation due by 7/17/2018. Signed by Judge Cecilia M. Altonaga on 3/2/2018. (ail) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 03/05/2018)
2018-03-0728ANSWER and Affirmative Defenses to Complaint by U.S. Department of Agriculture. (White, Charles) (Entered: 03/07/2018)
2018-03-1429Joint MOTION for Extension of Time Extend time for Mediator Report by Joey D Gonzalez. Responses due by 3/28/2018 (Gonzalez Ramos, Joey) (Entered: 03/14/2018)
2018-03-1630ORDER granting in part 29 Motion for Extension of Time. The parties shall jointly file a proposed order scheduling mediation by March 22, 2018. The parties are reminded that the proposed order must be emailed to the Court in Word format, as required by the CM/ECF Administrative Procedures. Please see Order for details. Signed by Judge Cecilia M. Altonaga on 3/16/2018. (ps1) (Entered: 03/16/2018)
2018-03-2231NOTICE of Mediator Selection and Hearing. Added Joey D Gonzalez, Frank Alloca. Mediation Hearing set for 5/4/2018 at 10:30 AM. (Gonzalez Ramos, Joey) (Entered: 03/22/2018)
2018-03-2232ORDER Scheduling Mediation before Frank Alloca, Esq., Mediation Hearing set for 5/4/2018 10:30 AM. Signed by Judge Cecilia M. Altonaga on 3/22/2018. (ps1) (Entered: 03/22/2018)
2018-03-2733NOTICE of Mediator Selection and Hearing. Added Frank Alloca. Mediation Hearing set for 05/04/17 at 10:30am. (Nicholson, Allene) (Entered: 03/27/2018)
2018-05-0434FINAL MEDIATION REPORT by Frank Allocca. Disposition: Adjourned.(Nicholson, Allene) (Entered: 05/04/2018)
2018-06-1935MOTION for Summary Judgment by U.S. Department of Agriculture. Responses due by 7/3/2018 (Attachments: # 1 Supplement Concise Statement of Material Facts, # 2 Affidavit Boarman Declaration, # 3 Exhibit Attachment #1 to Boarman Declaration, # 4 Exhibit Attachment #2 to Boarman Declaration, # 5 Exhibit Attachment #3 to Boarman Declaratoin, # 6 Exhibit Attachment #4 to Boarman Declaration, # 7 Exhibit Attachment #5 to Boarman Declaration, # 8 Exhibit Attacment #6 to Boarman Declaration, # 9 Exhibit Attachment #7 to Boarman Declaration, # 10 Exhibit Attacment #8 to Boarman Declaration, # 11 Exhibit Attachment #9 to Boarman Declaration, # 12 Exhibit Attachment #10 to Barman Declaration, # 13 Affidavit Hall Declaration, # 14 Exhibit Attachment #1 to Hall Declaraton)(White, Charles) (Entered: 06/19/2018)
2018-06-2936Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer to Defendant's Motion for Summary Judgment by Joey D Gonzalez. (Gonzalez Ramos, Joey) (Entered: 06/29/2018)
2018-06-2937ORDER granting 36 Motion for Extension of Time to File Response to 35 MOTION for Summary Judgment filed by U.S. Department of Agriculture. Responses due by 7/10/2018. Signed by Judge Cecilia M. Altonaga on 6/29/2018. (ps1) (Entered: 06/29/2018)
2018-07-1038RESPONSE in Opposition re 35 MOTION for Summary Judgment filed by Joey D Gonzalez. Replies due by 7/17/2018. (Attachments: # 1 Exhibit B, # 2 Exhibit C, # 3 Exhibit D, # 4 Exhibit E, # 5 Exhibit F, # 6 Exhibit G, # 7 Exhibit H, # 8 Exhibit I, # 9 Exhibit J, # 10 Exhibit K, # 11 Exhibit L, # 12 Exhibit M, # 13 Exhibit N)(Gonzalez Ramos, Joey) (Entered: 07/10/2018)
2018-07-1139Plaintiff's MOTION to Seal per Local Rule 5.4 by Joey D Gonzalez. (Gonzalez Ramos, Joey) (Entered: 07/11/2018)
2018-07-1140ORDER denying 39 Motion to Seal. Signed by Judge Cecilia M. Altonaga on 7/11/2018. See attached document for full details. (ps1) (Entered: 07/11/2018)
2018-07-1241ORDER denying Motion to Strike Defendant's Exhibits, re: 38 Response in Opposition to Motion, filed by Joey D Gonzalez. Signed by Judge Cecilia M. Altonaga on 7/11/2018. See attached document for full details. (ps1) (Entered: 07/12/2018)
2018-07-1242SUPPLEMENT to 38 Response in Opposition to Motion, for Summary Judgment by Joey D Gonzalez (Attachments: # 1 Exhibit A)(Gonzalez Ramos, Joey) (Entered: 07/12/2018)
2018-07-1343Unopposed Motion for Extension of Time to File Response/Reply/Answer as to 38 Response in Opposition to Motion by U.S. Department of Agriculture. Responses due by 7/27/2018 (Attachments: # 1 Text of Proposed Order)(White, Charles) Modified Relief on 7/13/2018 (ls). (Entered: 07/13/2018)
2018-07-1344Clerks Notice to Filer re 43 Unopposed MOTION for Extension of Time to file Reply to Response to MSJ re 38 Response in Opposition to Motion, 35 MOTION for Summary Judgment . Wrong Motion Relief(s) Selected ; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) (Entered: 07/13/2018)
2018-07-1345ORDER granting 43 Motion for Extension of Time to File Reply to 35 MOTION for Summary Judgment filed by U.S. Department of Agriculture. Replies due by 7/25/2018. Signed by Judge Cecilia M. Altonaga on 7/13/2018. See attached document for full details. (ps1) (Entered: 07/13/2018)
2018-07-1746PAPERLESS NOTICE RESETTING Hearing: Calendar Call reset for 9/11/2018 09:00 AM in Miami Division before Judge Cecilia M. Altonaga. (ps1) (Entered: 07/17/2018)
2018-07-1747Joint MOTION for Extension of Time File Joint Pre-Trial Stipulation by Joey D Gonzalez. Responses due by 7/31/2018 (Gonzalez Ramos, Joey) (Entered: 07/17/2018)
2018-07-1748ORDER granting 47 Motion for Extension of Time. Pretrial Stipulation, proposed jury instructions and verdict forms due by 7/31/2018. Signed by Judge Cecilia M. Altonaga on 7/17/2018. See attached document for full details. (ps1) (Entered: 07/17/2018)
2018-07-1749Order Providing Instructions for Jury Trial. Signed by Judge Cecilia M. Altonaga on 7/17/2018. See attached document for full details. (ps1) (Entered: 07/17/2018)
2018-07-2550REPLY to Response to Motion re 35 MOTION for Summary Judgment filed by U.S. Department of Agriculture. (Attachments: # 1 Exhibit #3 (2nd Hall Declaration with 3 attachments), # 2 Exhibit #4 (Goenaga Declaration with attachment), # 3 Exhibit #5 (Clark Declaration with attacment))(White, Charles) (Entered: 07/25/2018)
2018-07-3051Plaintiff's MOTION for Leave to File Sur-Reply by Joey D Gonzalez. (Gonzalez Ramos, Joey) (Entered: 07/30/2018)
2018-07-3152RESPONSE in Opposition re 51 Plaintiff's MOTION for Leave to File Sur-Reply , 35 MOTION for Summary Judgment filed by U.S. Department of Agriculture. Replies due by 8/7/2018. (White, Charles) (Entered: 07/31/2018)
2018-07-3153ORDER granting 51 Motion for Leave to File Sur-Reply in Opposition to Defendant's Motion for Summary Judgment. Plaintiff may file a sur-reply no later than August 6, 2018. Signed by Judge Cecilia M. Altonaga on 7/31/2018. See attached document for full details. (wc) (Entered: 07/31/2018)
2018-07-3154PRETRIAL STIPULATION by Joey D Gonzalez (Attachments: # 1 Supplement Plaintiff's Exhibits, # 2 Supplement Defendant's Exhibits, # 3 Supplement Plaintiff's Witness List, # 4 Supplement Defendant's Witness List)(Gonzalez Ramos, Joey) (Entered: 07/31/2018)
2018-08-0555Plaintiff's Su-Reply to Defendant's Reply to Plaintiff's Opposition to Motion for Summary Judgment by Joey D Gonzalez. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Gonzalez Ramos, Joey) (Entered: 08/05/2018)
2018-08-2956ORDER granting 35 MOTION for Summary Judgment filed by U.S. Department of Agriculture. Closing case. Signed by Judge Cecilia M. Altonaga on 8/28/2018. See attached document for full details. (ps1) (Entered: 08/29/2018)
2018-08-3057FINAL JUDGMENT in favor of U.S. Department of Agriculture against Joey D Gonzalez. Signed by Judge Cecilia M. Altonaga on 8/30/2018. See attached document for full details. (ps1) (Entered: 08/30/2018)
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