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Case TitleStone v. United States Department of Justice
DistrictNorthern District of Texas
CityDallas
Case Number3:2019cv00985
Date Filed2019-04-24
Date Closed2020-08-29
JudgeJudge Ed Kinkeade
PlaintiffGerald Stone
Case DescriptionGerald Stone submitted a FOIA request to the Department of Justice for records concerning the Community Housing Fund. The agency acknowledged receipt of the request. The agency told Stone that it found no responsive records. Stone filed an administrative appeal of that decision. The agency acknowledged receipt of the appeal and upheld its initial decision. Stone then filed suit.
Complaint issues: Litigation - Attorney's fees

DefendantUnited States Department of Justice
Documents
Docket
Complaint
Opinion/Order [24]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-04-241New Case Notes: A filing fee has been paid. CASREF case referral set and case referred to Magistrate Judge Rutherford (see Special Order 3). Initiating documents received by mail. 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 Rutherford). Clerk to provide copy to plaintiff if not received electronically. (ajb) (Entered: 04/24/2019)
2019-04-242Notice and Instruction to Pro Se Party (ajb) (Entered: 04/24/2019)
2019-04-243COMPLAINT against United States Department of Justice filed by Gerald Stone. (Filing fee $400; Receipt number DS115712) 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. (ajb) (Entered: 04/24/2019)
2019-04-244CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Gerald Stone. (ajb) (Entered: 04/24/2019)
2019-04-245Summons issued as to United States Department of Justice, U.S. Attorney, and U.S. Attorney General. (ajb) (Entered: 04/24/2019)
2019-05-076MOTION Issue summons filed by Gerald Stone (Attachments: # 1 Additional Page(s) Summonses) (Stone, Gerald) (Entered: 05/07/2019)
2019-05-087ORDER denying 6 Motion to Use Plaintiff-Prepared Summons. Plaintiff may not serve Defendant himself. If Plaintiff does not properly serve Defendant within 90 days after Plaintiff filed his complaint, this case is subject to dismissal without prejudice. (Ordered by Magistrate Judge Rebecca Rutherford on 5/8/2019) (zkc) (Entered: 05/08/2019)
2019-05-088REPLY filed by Gerald Stone re: 7 Order on Motion for Miscellaneous Relief, (Stone, Gerald) (Entered: 05/08/2019)
2019-05-099Summons Reissued as to United States Department of Justice, U.S. Attorney, and U.S. Attorney General. (zkc) (Entered: 05/09/2019)
2019-05-1510CERTIFICATE OF SERVICE by Gerald Stone (Attachments: # 1 Additional Page(s) Certified receipts) (Stone, Gerald) (Entered: 05/15/2019)
2019-07-0511ANSWER to 3 Complaint filed by United States Department of Justice. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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 Brian Walters Stoltz-DOJ added to party United States Department of Justice(pty:dft) (Stoltz-DOJ, Brian) (Entered: 07/05/2019)
2019-07-0512CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by United States Department of Justice. (Stoltz-DOJ, Brian) (Entered: 07/05/2019)
2019-07-0713RESPONSE filed by Gerald Stone re: 11 Answer to Complaint (Stone, Gerald) (Entered: 07/07/2019)
2019-07-0814Order for Scheduling Order Proposal: The Court orders the parties to each submit a written report regarding a proposed schedule by 8/7/2019. (Ordered by Magistrate Judge Rebecca Rutherford on 7/8/2019) (ykp) (Entered: 07/08/2019)
2019-08-0615RESPONSE filed by Gerald Stone re: 14 Order for Scheduling Order Proposal (Stone, Gerald) (Entered: 08/06/2019)
2019-08-0716Proposal for contents of scheduling and discovery order by United States Department of Justice. (Stoltz-DOJ, Brian) (Entered: 08/07/2019)
2019-08-1217SCHEDULING ORDER: Amended Pleadings due by 8/23/2019. Joinder of Parties due by 8/23/2019. Motions due by 10/25/2019. Settlement Status Report due by 9/13/2019. (Ordered by Magistrate Judge Rebecca Rutherford on 8/12/2019) (axm) (Entered: 08/12/2019)
2019-09-1218Joint STATUS REPORT filed by United States Department of Justice. (Stoltz-DOJ, Brian) (Entered: 09/12/2019)
2019-10-2519MOTION for Summary Judgment filed by United States Department of Justice (Stoltz-DOJ, Brian) (Entered: 10/25/2019)
2019-10-2520Brief/Memorandum in Support filed by United States Department of Justice re 19 MOTION for Summary Judgment (Stoltz-DOJ, Brian) (Entered: 10/25/2019)
2019-10-2521Appendix in Support filed by United States Department of Justice re 19 MOTION for Summary Judgment (Stoltz-DOJ, Brian) (Entered: 10/25/2019)
2020-08-1022FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court should DISMISS Stone's complaint without prejudice for lack of subject-matter jurisdiction. Additionally, the Court should sanction Stone in the amount of $200.00 and bar him from filing any civil action against the United States in the Northern District of Texas before paying the sanction. (Ordered by Magistrate Judge Rebecca Rutherford on 8/10/2020) (ctf) (Entered: 08/11/2020)
2020-08-2323RESPONSE filed by Gerald Stone re: 22 Findings and Recommendations on Case re: 19 Motion for Summary Judgment filed by United States Department of Justice, 3 Complaint,, filed by Gerald Stone. (Stone, Gerald) (Entered: 08/23/2020)
2020-08-2924ORDER ACCEPTING FINDINGS, CONCLUSIONS, ANDRECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE - The Court has under consideration the Findings, Conclusions, and Recommendation of United States Magistrate Judge Rebecca Rutherford dated August 10, 2020. The Court has made a de novo review of those portions of the proposed Findings, Conclusions, and Recommendation to which objections were made. The objections are OVERRULED.IT IS, THEREFORE, ORDERED that the Findings, Conclusions, and Recommendation of the United States Magistrate Judge are accepted. (Ordered by Judge Ed Kinkeade on 8/29/2020) (chmb) (Entered: 08/29/2020)
2020-08-2925ORDER IMPOSING PRE-FILING SANCTION - The Court has entered its order accepting the Findings, Conclusions, and Recommendation of United States magistrate judge. It is therefore ORDERED that Plaintiff Gerald Stone is sanctioned in the amount of $200.00. He is hereafter barred from filing any civil action against the United States in the Northern District of Texas before paying such amount. (Ordered by Judge Ed Kinkeade on 8/29/2020) (chmb) (Entered: 08/29/2020)
2020-08-2926JUDGMENT - It is therefore ORDERED, ADJUDGED, and DECREED that Plaintiff Gerald Stones complaint is DISMISSED without prejudice for lack of subject matter-jurisdiction. The Clerk is directed to close this case. (Ordered by Judge Ed Kinkeade on 8/29/2020) (chmb) (Entered: 08/29/2020)
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