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Case TitleO'Neill, Kevin v. United States Department of Justice et al
DistrictWestern District of Wisconsin
CityMadison
Case Number3:2018cv00396
Date Filed2018-05-23
Date Closed2020-02-25
JudgeDistrict Judge James D. Peterson
PlaintiffKevin P. O'Neill
DefendantUnited States Department of Justice
DefendantBureau of Alcohol, Tobacco, Firearms, and Explosives
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-05-231COMPLAINT against All Defendants, filed by Kevin P. O'Neill. (Case randomly assigned to District Judge James D. Peterson.) (Attachments: # 1 Cover Letter, # 2 Envelope) (jef) (Entered: 05/23/2018)
2018-05-30Filing fee received: $ 400, receipt number 34690031983. (jef),(ps) (Entered: 06/07/2018)
2018-06-072Initial Order for Paid Pro Se: Plaintiff complaint taken under advisement. Signed by Magistrate Judge Peter A. Oppeneer on 6/7/2018. (jef),(ps) (Entered: 06/07/2018)
2018-06-07PRLA Screening. (jef),(ps) (Entered: 06/07/2018)
2018-10-123ORDER on Leave to Proceed: Plaintiff granted leave to proceed against Defendants Bureau of Alcohol, Tobacco, Firearms, and Explosives, United States Department of Justice. Service to be made by certified mail. Signed by District Judge James D. Peterson on 10/12/2018. (jef),(ps) (Entered: 10/12/2018)
2018-10-154Summonses Issued as to Bureau of Alcohol, Tobacco, Firearms, and Explosives, United States Department of Justice. Summonses sent via U.S. Certified Mail. (Attachments: # 1 Summons as to Attorney General, # 2 Summons as to Bureau of Alcohol, Tobacco, Firearms, and Explosives) (jef),(ps) (Entered: 10/15/2018)
2018-10-225Certified Mail Receipt of 1 Complaint, 3 Order, 4 Summons, sent to U.S. Attorney. (jef),(ps) (Entered: 10/22/2018)
2018-11-066Re-sent summons to Attorney General at corrected address per Mail Returned as Undeliverable re 4 Mail sent to Attorney General. (jef),(ps) (Entered: 11/06/2018)
2018-11-067Summons Reissued as to U.S. Attorney General. Sent via Certified Mail. (jef),(ps) (Additional attachment(s) added on 11/6/2018: # 1 mail receipt) (jef). (Entered: 11/06/2018)
2018-11-138Certified Mail Receipt of 1 Complaint, 3 Order, 4 Summons, sent to Bureau of Alcohol, Tobacco, Firearms, and Explosives. (jef),(ps) (Entered: 11/13/2018)
2018-11-269Certified Mail Receipt of 1 Complaint, 3 Order, 7 Summons sent to Attorney General. (jef),(ps) (Entered: 11/26/2018)
2018-12-1710Motion for Extension of Time to File Answer by Defendants Bureau of Alcohol, Tobacco, Firearms, and Explosives, United States Department of Justice. Motions referred to Magistrate Judge Stephen L. Crocker. (Attachments: # 1 Certificate of Service) (Humphrey, Richard),(ps) (Entered: 12/17/2018)
2018-12-1811** TEXT ONLY ORDER ** ORDER granting 10 Motion for Extension of Time to Answer. Defendants' answer is due 1/14/2019. Signed by Magistrate Judge Stephen L. Crocker on 12/18/2018. (jef),(ps) (Entered: 12/18/2018)
2019-01-1412ANSWER by Defendants Bureau of Alcohol, Tobacco, Firearms, and Explosives, United States Department of Justice. (Attachments: # 1 Certificate of Service) (Humphrey, Richard),(ps) (Entered: 01/14/2019)
2019-01-15Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 2/20/2019 at 01:30 PM before Magistrate Judge Stephen L. Crocker. Counsel for Defendants responsible for setting up the call to chambers at (608) 264-5153. [ Notice Regarding the Telephone Preliminary Pretrial Conference attached] (nln),(ps) (Entered: 01/15/2019)
2019-02-20Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference - Pro Se held on 2/20/2019 [:25] (cak),(ps) (Entered: 02/20/2019)
2019-02-2113Pretrial Conference Order - Preliminary Pretrial Packet in cases assigned to District Judge James D. Peterson attached. Dispositive Motions due 10/11/2019. Rule 26(a)(3) Disclosures and all motions in limine due 3/20/2020. Objections due 4/3/2020. Telephone Final Pretrial Conference set for 4/17/2020 at 10:00 AM. Counsel for Defendant responsible for setting up the call to chambers at (608) 264-5504. Court Trial set for 4/27/2020 at 08:30 AM before Judge James D. Peterson. Signed by Magistrate Judge Stephen L. Crocker on 02/21/2019. (rks),(ps) (Entered: 02/21/2019)
2019-02-2514Declaration of Kevin P. O'Neill. (Attachments: # 1 Separate Appendix 1-83 - Correspondence, other documents, # 2 Certificate of Service) (jef),(ps) (Entered: 02/25/2019)
2019-03-0415Notice of Substitution of Attorney, by Defendants Bureau of Alcohol, Tobacco, Firearms, and Explosives, United States Department of Justice. Motions referred to Magistrate Judge Stephen L. Crocker. (Attachments: # 1 Certificate of Service) (Conway, David),(ps) Modified on 3/4/2019 (nln). (Entered: 03/04/2019)
2019-10-1116MOTION FOR SUMMARY JUDGMENT by Defendants Bureau of Alcohol, Tobacco, Firearms, and Explosives, United States Department of Justice. (Attachments: # 1 Certificate of Service) (Conway, David),(ps) (Entered: 10/11/2019)
2019-10-1117Brief in Support of 16 Motion for Summary Judgment by Defendants Bureau of Alcohol, Tobacco, Firearms, and Explosives, United States Department of Justice (Attachments: # 1 Certificate of Service) (Conway, David),(ps) (Entered: 10/11/2019)
2019-10-1118Proposed Findings of Fact filed by Defendants Bureau of Alcohol, Tobacco, Firearms, and Explosives, United States Department of Justice re: 16 Motion for Summary Judgment (Attachments: # 1 Certificate of Service) (Conway, David),(ps) (Entered: 10/11/2019)
2019-10-1119Declaration of Tricia Francis filed by Defendants Bureau of Alcohol, Tobacco, Firearms, and Explosives, United States Department of Justice re: 16 Motion for Summary Judgment (Attachments: # 1 Certificate of Service, # 2 Exhibit A - Mar 8, 2017 FOIA Request, # 3 Exhibit B - Jul 19, 2017 FOIA Request Acknowledgment, # 4 Exhibit C - Aug 14, 2017 FOIA Response, # 5 Exhibit D - Sep 6, 2017 FOIA Appeal, # 6 Exhibit E - Oct 2, 2017 FOIA Appeal Acknowledgment, # 7 Exhibit F - Oct 17, 2017 FOIA Appeal Supplement, # 8 Exhibit G - Mar 2, 2018 FOIA Appeal Response, # 9 Exhibit H - Jul 12, 2017 FOIA Request, # 10 Exhibit I - Aug 11, 2017 FOIA Request Acknowledgment, # 11 Exhibit J - Nov 7, 2017 FOIA Response, # 12 Exhibit K - Nov 20, 2017 FOIA Appeal, # 13 Exhibit L - Dec 7, 2017 FOIA Appeal Acknowledgment, # 14 Exhibit M - Mar 1, 2018 FOIA Appeal Response) (Conway, David),(ps) (Entered: 10/11/2019)
2019-10-1120Declaration of Charles E. Westphal filed by Defendants Bureau of Alcohol, Tobacco, Firearms, and Explosives, United States Department of Justice re: 16 Motion for Summary Judgment (Attachments: # 1 Certificate of Service) (Conway, David),(ps) (Entered: 10/11/2019)
2019-10-1121Declaration of Carol L. Kraft filed by Defendants Bureau of Alcohol, Tobacco, Firearms, and Explosives, United States Department of Justice re: 16 Motion for Summary Judgment (Attachments: # 1 Certificate of Service) (Conway, David),(ps) (Entered: 10/11/2019)
2019-10-1122Declaration of Paul L. Kanter filed by Defendants Bureau of Alcohol, Tobacco, Firearms, and Explosives, United States Department of Justice re: 16 Motion for Summary Judgment (Attachments: # 1 Certificate of Service) (Conway, David),(ps) (Entered: 10/11/2019)
2019-10-1123Declaration of Adam Siple filed by Defendants Bureau of Alcohol, Tobacco, Firearms, and Explosives, United States Department of Justice re: 16 Motion for Summary Judgment (Attachments: # 1 Certificate of Service, # 2 Exhibit A - Mar 8, 2017 FOIA Request, # 3 Exhibit B - Nov 5, 2018 FOIA Response) (Conway, David),(ps) (Entered: 10/11/2019)
2019-10-1124Declaration of Sandra M. Devalkenaere filed by Defendants Bureau of Alcohol, Tobacco, Firearms, and Explosives, United States Department of Justice re: 16 Motion for Summary Judgment (Attachments: # 1 Certificate of Service) (Conway, David),(ps) (Entered: 10/11/2019)
2019-10-11Set Briefing Deadlines as to 16 MOTION FOR SUMMARY JUDGMENT . [ Pro Se Summary Judgment Procedure for Cases Assigned to Judge Peterson attached.] Plaintiff's Brief in Opposition due 11/12/2019. Defendants' Brief in Reply due 11/22/2019. (nln),(ps) (Entered: 10/11/2019)
2019-10-1125Second Declaration of Kevin O'Neill. (Attachments: # 1 Exhibits 1-33 - Correspondence, other documents, # 2 Certificate of Service, # 3 Envelope) (jef),(ps) (Entered: 10/11/2019)
2019-11-1426Brief in Opposition by Plaintiff Kevin P. O'Neill re: 16 Motion for Summary Judgment filed by United States Department of Justice, Bureau of Alcohol, Tobacco, Firearms, and Explosives. (Attachments: # 1 Exhibit 1 - Declaration of Paul L. Kanter, # 2 Exhibit 2 - Declaration of Sandra M. Delvakenaere, # 3 Proof of Service, # 4 Envelope) (nln),(ps) (Entered: 11/14/2019)
2019-11-1427Response to Proposed Findings of Fact filed by Plaintiff Kevin P. O'Neill re: 16 Motion for Summary Judgment. (nln),(ps) (Entered: 11/14/2019)
2019-11-14Reset Briefing Deadlines as to 16 MOTION FOR SUMMARY JUDGMENT . Defendants' Brief in Reply due 11/25/2019. (nln),(ps) (Entered: 11/14/2019)
2019-11-2528Brief in Reply by Defendants Bureau of Alcohol, Tobacco, Firearms, and Explosives, United States Department of Justice in Support of 16 Motion for Summary Judgment (Attachments: # 1 Certificate of Service) (Conway, David),(ps) (Entered: 11/25/2019)
2019-11-2529Reply in Support of Proposed Findings of Fact filed by Defendants Bureau of Alcohol, Tobacco, Firearms, and Explosives, United States Department of Justice re: 16 Motion for Summary Judgment (Attachments: # 1 Certificate of Service) (Conway, David),(ps) (Entered: 11/25/2019)
2019-11-2530Supplemental Declaration of Charles E. Westphal filed by Defendants Bureau of Alcohol, Tobacco, Firearms, and Explosives, United States Department of Justice re: 16 Motion for Summary Judgment (Attachments: # 1 Certificate of Service) (Conway, David),(ps) (Entered: 11/25/2019)
2019-11-2531Supplemental Declaration of Sandra DeValkenaere filed by Defendants Bureau of Alcohol, Tobacco, Firearms, and Explosives, United States Department of Justice re: 16 Motion for Summary Judgment (Attachments: # 1 Certificate of Service) (Conway, David),(ps) (Entered: 11/25/2019)
2019-12-1632Letter from plaintiff to AUSA Conway regarding failure of proper service. (Attachments: # 1 Mail rejected form, # 2 Envelope) (jef). Modified on 12/16/2019 (jef). (Entered: 12/16/2019)
2019-12-1733Notice by Defendants Bureau of Alcohol, Tobacco, Firearms, and Explosives, United States Department of Justice Letter from Defendants to Plaintiff regarding Service of SJ Reply Brief . (Attachments: # 1 Certificate of Service) (Conway, David),(ps) (Entered: 12/17/2019)
2020-01-0834Letter from plaintiff to AUSA Conway enclosing January 3, 2020 FOIA request to ATF Disclosure Division. (Attachments: # 1 Letter from plaintiff to ATF dated 1/03/2020, # 2 ATF Report of Investigation, # 3 Proof of Service, # 4 Envelope) (nln),(ps) (Entered: 01/08/2020)
2020-02-2535ORDER that defendants United States Department of Justice Executive Office for United States Attorneys and Bureau of Alcohol, Tobacco, Firearms, and Explosives' motion for summary judgment, Dkt. 16 , is GRANTED. The clerk of court is directed to enter judgment for defendants and close this case. Signed by District Judge James D. Peterson on 2/25/2020. (rks),(ps) (Entered: 02/25/2020)
2020-02-2536JUDGMENT entered in favor of Defendants dismissing the case. (rks),(ps) (Entered: 02/25/2020)
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by FOIA Project Staff
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