Case Detail

FOIA Project Annotation: A federal court in Missouri has ruled that Robert Campo's FOIA suit against the Department of Justice should be stayed until the Eighth Circuit rules in a case brought by attorney Jack Jordan to obtain two emails written by Darin Powers, an attorney for the company DynaCorp, which became part of an administrative law proceeding before the Department of Labor, and was previously withheld from Jordan because it was privileged under Exemption 4 (confidential business information) as part of litigation Jordan brought in the D.C. Circuit and the Eighth Circuit. Jordan's appeal to the Eighth Circuit is still pending. But since he brought that litigation, he has also represented Ferissa Talley in her lawsuit against Labor in the Western District of Missouri. Talley's suit has also been stayed pending the Eighth Circuit's ruling in Jordan's case. Now Robert Campo who is also represented by Jordan, sued the Justice Department for the same emails, arguing that DOJ had the emails because it represented Labor in its litigation against Jordan. DOJ asked the court to stay Campo's case until the Eighth Circuit ruled in Jordan's appeal. DOJ explained that "the FOIA request in this matter and one of the FOIA requests in the Jordan matter 'seek the same document.' As a result, the DOJ asserts it 'is substantially likely' that the Eighth Circuit's decision in the Jordan matter 'will assist in the resolution of. . .substantive issues in this case.'" Campo argued that DOJ had not shown why the fact that Campo and Jordan were seeking the same record was relevant. But the court pointed out that "at the same time, Campo does not show how this fact is irrelevant. . .Moreover, this argument does not harmonize with Campo's summary judgment arguments and Jordan's declaration, which is submitted in support of Campo's motion for summary judgement, both of which address, at length, Jordan's lawsuits seeking production of the emails." Approving the stay, the court indicated that "based on the filings in the Jordan matter, the Talley matter, and this matter, the parties will engage in duplicative motion practices if the matter is not stayed pending the Eighth Circuit's resolution of the Jordan matter. For the foregoing reasons, the Court finds a stay of this matter is both appropriate and necessary."
Issues: Delay - Stay of proceedings

Date Filed	Doc #	Docket Text
2019-11-09	1	COMPLAINT against U.S. Department of Justice filed by Jack Jordan on behalf of Robert Campo. Filing fee $400, receipt number MOWDC-6577248. Service due by 2/7/2020 unless otherwise directed by the court. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1 Huber's email and Powers' email (redacted), # 3 Exhibit 2 Letter 10/28/2015 from DI to ALJ Merck, # 4 Exhibit 3 DI Opp 1/16/2018 (excerpts), # 5 Exhibit 4 Huber's Declaration 8/15/2017)(Jordan, Jack) (Entered: 11/09/2019)
2019-11-12	2	NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR DEADLINES AND REQUIREMENTS. Notice of MAP assignment to United States Bankruptcy Judge Cynthia A. Norton. (Attachments: # 1 MAP General Order)(Kern, Kendra) (Entered: 11/12/2019)
2019-11-12		SUMMONS ISSUED as to U.S. Attorney and U.S. Attorney General. (Kern, Kendra) (Entered: 11/12/2019)
2019-11-13	3	MOTION for summary judgment filed by Jack Jordan on behalf of Robert Campo. Suggestions in opposition/response due by 12/4/2019 unless otherwise directed by the court. (Attachments: # 1 Supplement Statement of Facts & Suggestions, # 2 Affidavit Declaration of Jack Jordan)(Jordan, Jack) (Entered: 11/13/2019)
2019-12-02	4	RETURN OF SERVICE of complaint executed by Robert Campo. U.S. Department of Justice served on 11/13/2019, answer due 1/13/2020. (Attachments: # 1 Exhibit Return Receipt US Attorney 11/15/2019, # 2 Exhibit Proof of Service US Attorney General 11/13/2019, # 3 Exhibit Return Receipt US Attorney General 11/19/2019)(Jordan, Jack) (Entered: 12/02/2019)
2019-12-03	5	MOTION to reassign/transfer case , MOTION to stay filed by Jeffrey P. Ray on behalf of U.S. Department of Justice. Suggestions in opposition/response due by 12/17/2019 unless otherwise directed by the court. (Attachments: # 1 Exhibit 1)(Attorney Jeffrey P. Ray added to party U.S. Department of Justice(pty:dft))(Ray, Jeffrey) (Entered: 12/03/2019)
2019-12-07	6	SUGGESTIONS in opposition re 5 MOTION to reassign/transfer case MOTION to stay filed by Jack Jordan on behalf of Plaintiff Robert Campo. Reply suggestions due by 12/23/2019 unless otherwise directed by the court. (Related document(s) 5 ) (Jordan, Jack) (Main Document 6 replaced on 12/9/2019 at the request of filer, original document contained an error; NEF regenerated) (Ellis, Lindsey). (Entered: 12/07/2019)
2019-12-13	7	ANSWER to 1 Complaint, on behalf of U.S. Department of Justice.(Ray, Jeffrey) (Entered: 12/13/2019)
2019-12-13	8	SUGGESTIONS in opposition re 3 MOTION for summary judgment filed by Jeffrey P. Ray on behalf of Defendant U.S. Department of Justice. Reply suggestions due by 12/27/2019 unless otherwise directed by the court. (Related document(s) 3 ) (Ray, Jeffrey) (Entered: 12/13/2019)
2019-12-26	9	REPLY SUGGESTIONS to motion re 3 MOTION for summary judgment filed by Jack Jordan on behalf of Plaintiff Robert Campo. (Attachments: # 1 Exhibit 1 email to to DOJ 8/20/2019 re: Powers' email, # 2 Exhibit 2 Letter to DOJ 8/20/2019 re: Powers' email, # 3 Exhibit 3 Campo's FOIA Request 2/19/2019, # 4 Exhibit 4 DOJ Denial 2/27/2019, # 5 Exhibit 5 DOJ Denial 7/2/2019)(Related document(s) 3 ) (Jordan, Jack) (Entered: 12/26/2019)
2020-01-10	10	ORDER - Upon the consent, the Clerk of Court is directed to reassign this case to the Honorable Ortrie D. Smith for all further proceedings. Signed on 1/10/20 by District Judge Fernando J. Gaitan, Jr. This is a TEXT ONLY ENTRY. No document is attached. (Anderson, Christy) (Entered: 01/10/2020)
2020-01-10	11	ORDER TRANSFERRING/REASSIGNING CASE. Case has been reassigned to District Judge Ortrie D. Smith for all further proceedings. District Judge Fernando J. Gaitan, Jr no longer assigned to case. Please make note of the new case number 19-00905-CV-W-ODS . This is a TEXT ONLY ENTRY. No document is attached. (Anderson, Christy) (Entered: 01/10/2020)
2020-02-06	12	MOTION for order issue ruling on DOJ Motion to Stay and clarify procedures filed by Jack Jordan on behalf of Robert Campo. Suggestions in opposition/response due by 2/20/2020 unless otherwise directed by the court. (Jordan, Jack) (Entered: 02/06/2020)
2020-02-07	13	MOTION for judgment on the pleadings filed by Jack Jordan on behalf of Robert Campo. Suggestions in opposition/response due by 2/21/2020 unless otherwise directed by the court. (Attachments: # 1 Supplement Supporting Facts and Suggestions)(Jordan, Jack) (Entered: 02/07/2020)
2020-02-11	14	ORDER (1) DENYING WITHOUT PREJUDICE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, (2) GRANTING PLAINTIFF'S MOTION FOR RULING AND FINDING AS MOOT PLAINTIFF'S MOTION REGARDING PROCEDURES, AND (3) GRANTING DEFENDANT'S MOTION TO STAY. Signed on 2/11/20 by District Judge Ortrie D. Smith. (Matthes Mitra, Renea) (Entered: 02/11/2020)
2020-02-12	15	MOTION for reconsideration re 14 Order on Motion to Reassign/Transfer Case,, Order on Motion to Stay,, Order on Motion for Miscellaneous Relief, filed by Jack Jordan on behalf of Robert Campo. Suggestions in opposition/response due by 2/26/2020 unless otherwise directed by the court. (Related document(s) 14 ) (Jordan, Jack) (Entered: 02/12/2020)
2020-02-12	16	MOTION for reconsideration re 14 Order on Motion to Reassign/Transfer Case,, Order on Motion to Stay,, Order on Motion for Miscellaneous Relief, , MOTION to lift stay filed by Jack Jordan on behalf of Robert Campo. Suggestions in opposition/response due by 2/26/2020 unless otherwise directed by the court. (Related document(s) 14 ) (Jordan, Jack) (Main Document 16 replaced on 2/13/2020 at the request of counsel) (Houston, Kiambu). (Entered: 02/12/2020)
2020-02-22	17	SUPPLEMENT . (Attachments: # 1 Exhibit A 8th Cir. Opinion (Jordan) 2/21/2020)(Related document(s) 16 ) (Jordan, Jack) (Entered: 02/22/2020)
2020-02-25	18	MOTION to lift stay re 14 Order on Motion to Reassign/Transfer Case,, Order on Motion to Stay,, Order on Motion for Miscellaneous Relief, setting a briefing schedule, and responding to Plaintiff's Motion to Reconsider and Reverse Stay [Doc. 16] filed by Jeffrey P. Ray on behalf of U.S. Department of Justice. Suggestions in opposition/response due by 3/10/2020 unless otherwise directed by the court. (Related document(s) 14 ) (Ray, Jeffrey) (Entered: 02/25/2020)
2020-02-25	19	RESPONSE re 18 MOTION to lift stay re 14 Order on Motion to Reassign/Transfer Case,, Order on Motion to Stay,, Order on Motion for Miscellaneous Relief, setting a briefing schedule, and responding to Plaintiff's Motion to Reconsider and Reverse Stay [, REPLY SUGGESTIONS to motion re 16 MOTION for reconsideration re 14 Order on Motion to Reassign/Transfer Case,, Order on Motion to Stay,, Order on Motion for Miscellaneous Relief, MOTION to lift stay filed by Jack Jordan on behalf of Plaintiff Robert Campo. (Related document(s) 18 , 16 ) (Jordan, Jack) Modified on 2/26/2020 to reflect correct document relationship (Houston, Kiambu). (Entered: 02/25/2020)
2020-04-17	20	MOTION to lift stay re 14 Order on Motion to Reassign/Transfer Case,, Order on Motion to Stay,, Order on Motion for Miscellaneous Relief, filed by Jack Jordan on behalf of Robert Campo. Suggestions in opposition/response due by 5/1/2020 unless otherwise directed by the court. (Attachments: # 1 Exhibit 1 email from DUSA Jeff Ray 3/19/2020)(Related document(s) 14 ) (Jordan, Jack) (Entered: 04/17/2020)
2020-05-05		Set/Reset Deadlines as to 13 MOTION for judgment on the pleadings . Suggestions in opposition/response due by 6/3/2020 unless otherwise directed by the court. (Matthes Mitra, Renea) (Entered: 05/06/2020)
2020-05-06	21	ORDER (1) GRANTING THE PARTIES' REQUESTS TO LIFT THE STAY, (2) LIFTING THE STAY, (3) DENYING PLAINTIFF'S OTHER REQUESTS FOR RELIEF, (3) DIRECTING THE PARTIES TO FILE DISPOSITIVE MOTIONS, AND (4) DIRECTING DEFENDANT TO RESPOND TO PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS. Signed on 5/5/20 by District Judge Ortrie D. Smith.(Motions terminated: #15, #16, #18, and #20.) (Matthes Mitra, Renea) (Entered: 05/06/2020)
2020-06-03	22	MOTION for protective order filed by Jeffrey P. Ray on behalf of U.S. Department of Justice. Suggestions in opposition/response due by 6/17/2020 unless otherwise directed by the court. (Ray, Jeffrey) (Entered: 06/03/2020)
2020-06-03	23	SUGGESTIONS in opposition re 13 MOTION for judgment on the pleadings filed by Jeffrey P. Ray on behalf of Defendant U.S. Department of Justice. Reply suggestions due by 6/17/2020 unless otherwise directed by the court. (Related document(s) 13 ) (Ray, Jeffrey) (Entered: 06/03/2020)
2020-06-03	24	MOTION for summary judgment filed by Jeffrey P. Ray on behalf of U.S. Department of Justice. Suggestions in opposition/response due by 6/24/2020 unless otherwise directed by the court. (Attachments: # 1 Attachment A (with exhibits), # 2 Attachment B)(Ray, Jeffrey) (Entered: 06/03/2020)
2020-06-10	25	SUGGESTIONS in opposition re 22 MOTION for protective order filed by Jack Jordan on behalf of Plaintiff Robert Campo. Reply suggestions due by 6/24/2020 unless otherwise directed by the court. (Attachments: # 1 Affidavit Declaration of Jack Jordan 6/10/2020, # 2 Exhibit 1 Requests for Production 5/22/2020, # 3 Exhibit 2 Interrogatories 5/22/2020, # 4 Exhibit 3 Emails with Jeff Ray 6/8/2020)(Related document(s) 22 ) (Jordan, Jack) (Entered: 06/10/2020)
2020-06-10	26	REPLY SUGGESTIONS to motion re 13 MOTION for judgment on the pleadings filed by Jack Jordan on behalf of Plaintiff Robert Campo. (Related document(s) 13 ) (Jordan, Jack) (Entered: 06/10/2020)
2020-06-19	27	SUGGESTIONS in opposition to motion for summary judgment re 24 MOTION for summary judgment filed by Jack Jordan on behalf of Plaintiff Robert Campo. Reply suggestions due by 7/6/2020 unless otherwise directed by the court. (Attachments: # 1 Exhibit 1 Letter to Jeff Ray 11/18/2019, # 2 Exhibit 2 email from Will Imbrie, # 3 Exhibit 3 emails from Brian Cox, # 4 Exhibit 4 Letter from Robert Huber, # 5 Exhibit 5 Letter to DOJ 3/21/2019)(Related document(s) 24 ) (Jordan, Jack) (Entered: 06/19/2020)
2020-06-23	28	REPLY SUGGESTIONS to motion re 22 MOTION for protective order filed by Jeffrey P. Ray on behalf of Defendant U.S. Department of Justice. (Related document(s) 22 ) (Ray, Jeffrey) (Entered: 06/23/2020)
2020-06-26	29	ORDER entered by Judge Ortrie D. Smith granting 22 motion for protective order. Signed on 6/26/20 by District Judge Ortrie D. Smith. (Matthes Mitra, Renea) (Entered: 06/26/2020)
2020-07-06	30	REPLY SUGGESTIONS to motion re 24 MOTION for summary judgment filed by Jeffrey P. Ray on behalf of Defendant U.S. Department of Justice. (Attachments: # 1 Attachment C [Response to plaintiff's "additional" facts], # 2 Attachment D [Email])(Related document(s) 24 ) (Ray, Jeffrey) (Entered: 07/06/2020)
2020-07-13	31	ORDER AND OPINION (1) DENYING PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS, AND (2) GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT. Signed on 7/13/20 by District Judge Ortrie D. Smith. (Matthes Mitra, Renea) (Entered: 07/13/2020)
2020-07-13	32	CLERK'S JUDGMENT (Matthes Mitra, Renea) (Entered: 07/13/2020)
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