Case Detail

FOIA Project Annotation: A federal court in California has ruled that the U.S. Marine Corps has not yet shown that it conducted an adequate search for records concerning the investigation of a scheme by officers to sell Marine Corps memorabilia, including commemorative coins, in response to FOIA requests from Dennis Buckovetz for records listing the email addresses of several Marine Corps Community Services officers and including the word "coins." The agency searched for records and provided Buckovetz 384 responsive records. Buckovetz complained that he had not received five emails in an email chain on which he had been copied earlier. The agency searched another location and found the five-email chain. Buckovetz submitted a second FOIA request and the agency disclosed another 106 pages of responsive records. Buckovetz once again complained that he had not received the five-email chain. The agency reviewed its search to learn whether or why that was the case. In court, Buckovetz continued to press the issue of the potentially deleted emails, arguing that he should be able to take discovery. Judge William Hayes found that the Marine Corps had not shown that its search was appropriate regarding the potentially missing emails. He indicated that the agency's affidavit "does not identify any reason the emails might have been missing. The Court concludes that the declarations are not sufficiently detailed to carry Defendant's burden of demonstrating an adequate search because the declarations do not identify any reason for the five known missing emails." However, rather than allowing Buckovetz discovery, Hayes ordered the agency to submit a more detailed affidavit.
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2021-04-13	1	COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ACASDC-15615333.), filed by Dennis M. Buckovetz, Lynne M. Bird. (Attachments: # 1 Civil Cover Sheet) The new case number is 3:21-cv-640-H-KSC. Judge Marilyn L. Huff and Magistrate Judge Karen S. Crawford are assigned to the case. (Anderson, Travis)(zda) (jms). (Entered: 04/13/2021)
2021-04-13	2	Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (zda) (jms). (Entered: 04/13/2021)
2021-05-10	3	SUMMONS Returned Executed by Dennis M. Buckovetz, Lynne M. Bird. The Department of the Navy served. (Attachments: # 1 Affidavit Re Service)(Anderson, Travis) (jmr). (Entered: 05/10/2021)
2021-05-26	4	Joint MOTION for Extension of Time to File Answer by The Department of the Navy. (Cabral, Janet)Attorney Janet A Cabral added to party The Department of the Navy (pty:dft) (mme). (Entered: 05/26/2021)
2021-05-27	5	ORDER Granting 4 Joint Motion for Extension of Time. Defendant the Department of the Navy must file any response to Plaintiffs complaint on or before June 21, 2021. Signed by Judge Marilyn L. Huff on 5/27/2021. (mme) (Entered: 05/27/2021)
2021-06-09	6	Joint MOTION for Extension of Time to File Answer (Second Extension) by The Department of the Navy. (Cabral, Janet) (jmr). (Entered: 06/09/2021)
2021-06-09	7	ORDER granting 6 Second Joint Motion for Extension of Time. Defendant the Department of the Navy must file any response to Plaintiffs complaint on or before August 5, 2021. Signed by Judge Marilyn L. Huff on 6/9/2021. (jmr) (Entered: 06/09/2021)
2021-07-27	8	NOTICE OF RELATED CASE(S) by The Department of the Navy of case(s) 18cv2736 . (Cabral, Janet) (jmr). (Entered: 07/27/2021)
2021-07-30	9	Joint MOTION to Dismiss Party Stipulation for Dismissal of Plaintiff Lynne M. Bird by Lynne M. Bird, Dennis M. Buckovetz. (Anderson, Travis) (jmr). (Entered: 07/30/2021)
2021-08-03	10	ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to District Judge William Q. Hayes for all further proceedings. Judge Marilyn L. Huff no longer assigned to case. Create association to 3:18-cv-02736-MDD-KSC. The new case number is 21-cv-640-WQH-KSC.. Signed by Judge Marilyn L. Huff on 8/2/2021. Signed by Judge William Q. Hayes on 8/2/2021.(All non-registered users served via U.S. Mail Service)(jmr) (Entered: 08/03/2021)
2021-08-05	11	ORDER re 9 Motion to Dismiss Party. IT IS HEREBY STIPULATED by and between the parties hereto that Bird's claim for violation of FOIA be dismissed from the action without prejudice, and that Bird be dismissed from the action without prejudice. The parties hereto further agree that Bird's dismissal shall not operate as a waiver of her right to seek recovery of her attorneys' fees incurred in this Action from the Navy as permitted under FOIA. Signed by District Judge William Q. Hayes on 8/5/2021. (ag) (Entered: 08/05/2021)
2021-08-05	12	MOTION to Dismiss for Lack of Jurisdiction by The Department of the Navy. (Cabral, Janet) (ag). (Entered: 08/05/2021)
2021-08-31	13	RESPONSE in Opposition re 12 MOTION to Dismiss for Lack of Jurisdiction filed by Dennis M. Buckovetz. (Attachments: # 1 Declaration of Dennis M. Buckovetz ISO Opposition, # 2 Declaration of Travis Anderson ISO Opposition, # 3 Exhibit Exhibits and Index Thereto)(Anderson, Travis)(ag). (Entered: 08/31/2021)
2021-09-07	14	REPLY to Response to Motion re 12 MOTION to Dismiss for Lack of Jurisdiction filed by The Department of the Navy. (Cabral, Janet) (ag). (Entered: 09/07/2021)
2021-09-09	15	NOTICE of Errata with Regard to His Opposition to Defendant's Motion to Dismiss for Lack of Jurisdiction by Dennis M. Buckovetz re 13 Response in Opposition to Motion, (Anderson, Travis) Emailed attorney re Notice of Errata (ag). (Entered: 09/09/2021)
2021-10-07	16	ORDER: The Motion to Dismiss filed by Defendant The Department of the Navy (ECF No. 12 ) is denied. Signed by District Judge William Q. Hayes on 10/7/2021. (ag) (Entered: 10/07/2021)
2021-10-21	17	ANSWER to 1 Complaint, by The Department of the Navy.(Cabral, Janet) (ag). (Entered: 10/21/2021)
2021-10-22	18	NOTICE of Appearance by Trevor Sean Mann-O'Halloran on behalf of Dennis M. Buckovetz (Mann-O'Halloran, Trevor)Attorney Trevor Sean Mann-O'Halloran added to party Dennis M. Buckovetz(pty:pla) (ag). (Entered: 10/22/2021)
2021-10-22	19	NOTICE AND ORDER Setting Early Neutral Evaluation Conference; Rule 26 Compliance; and Case Management Conference. A Joint Discovery Plan is due by 11/30/2021. An Early Neutral Evaluation is set for 12/7/2021 at 2:00 PM before Magistrate Judge Karen S. Crawford. If the case does not settle during the ENE, a Case Management Conference ("CMC") pursuant to Federal Rule of Civil Procedure 16(b) will be held immediately following the conclusion of the ENE. Signed by Magistrate Judge Karen S. Crawford on 10/22/021.(ag) (Entered: 10/22/2021)
2021-11-30	20	Joint Discovery Plan by The Department of the Navy (Cabral, Janet) (ag). (Entered: 11/30/2021)
2021-12-08	21	Minute Entry for proceedings held before Magistrate Judge Karen S. Crawford:An Early Neutral Evaluation Conference was held on 12/7/2021. The case did not settle. After being apprised of the status of the case, the Court hereby CONTINUES the Case Management Conference (CMC) to January 26, 2021 at 2:00 p.m. Instructions for participating in the CMC will be issued by separate order. (Case Management Conference set for 1/26/2022 02:00 PM before Magistrate Judge Karen S. Crawford.). (Plaintiff Attorney Travis Anderson; Sean Mann-O'Halloran).(Defendant Attorney Janet Cabral). (no document attached) (src) (Entered: 12/08/2021)
2022-01-18	22	Joint MOTION to Continue Case Management Conference by Dennis M. Buckovetz. (Anderson, Travis) (ag). (Entered: 01/18/2022)
2022-01-18	23	ORDER granting in part and denying in part 22 Motion to Continue. Good cause appearing, the Court GRANTS the motion to continue the Case Management Conference. However, the Court is not available on the date selected by the parties. The Case Management Conference is hereby continued to February 8, 2022 at 2:00 p.m. Instructions for participation will follow by separate order. Any questions regarding this order or the Case Management Conference may be directed to the Court's staff at 619-446-3964. (Case Management Conference set for 2/8/2022 02:00 PM before Magistrate Judge Karen S. Crawford.) Signed by Magistrate Judge Karen S. Crawford on 1/18/21. (no document attached) (src) (Entered: 01/18/2022)
2022-02-07	24	ORDER Regarding Case Management Conference. The Case Management Conference set for February 8, 2022 at 2:00 p.m. will be held telephonically. To participate, counsel must call 1-877-873-8017 and use access code 2924630. Party attendance is not required for this conference. Any questions regarding this Order or the Case Management Conference may be directed to the Court's staff at 619-446-3964. Signed by Magistrate Judge Karen S. Crawford on 2/7/22.(no document attached) (src) (Entered: 02/07/2022)
2022-02-08	25	Minute Entry for proceedings held before Magistrate Judge Karen S. Crawford:A Case Management Conference was held on 2/8/2022. The Court sets a further Case Management Conference for March 25, 2022 at 11:30 a.m. Instructions for participating in the March 25, 2022 Case Management Conference will follow by separate order. No later than 5:00 p.m. on March 22, 2022, the parties shall lodge a Joint Status Report with chambers (efile_Crawford@casd.uscourts.gov). The Joint Status Report shall not exceed 6 pages. (Case Management Conference set for 3/25/2022 11:30 AM before Magistrate Judge Karen S. Crawford.). (Plaintiff Attorney Travis Anderson).(Defendant Attorney Janet Cabral). (no document attached) (src) (Entered: 02/08/2022)
2022-03-21	26	STATUS REPORT (Joint) by The Department of the Navy. (Cabral, Janet) (ag). (Entered: 03/21/2022)
2022-03-24	27	ORDER Regarding Case Management Conference. The Case Management Conference set for March 25, 2022 at 11:30 will be conducted telephonically. To appear at the conference, counsel must call 1-877-873-8017 and use access code 2924630 (press * if prompted for a security code). Any questions regarding the Case Management Conference or the procedures for participation should be directed to the Court's staff at 619-446-3964. Signed by Magistrate Judge Karen S. Crawford on 3/24/22.(no document attached) (src) (Entered: 03/24/2022)
2022-03-25	28	Minute Entry for proceedings held before Magistrate Judge Karen S. Crawford:A Case Management Conference was held on 3/25/2022. A briefing schedule on defendant's Motion for Summary Judgment will issue by separate order. (Plaintiff Attorney Travis Anderson).(Defendant Attorney Janet Cabral). (no document attached) (src) (Entered: 03/25/2022)
2022-03-25	29	ORDER Setting Briefing Schedule on Defendant's Motion for Summary Judgment. Signed by Magistrate Judge Karen S. Crawford on 3/25/2022.(ave) (Entered: 03/25/2022)
2022-05-09	30	MOTION for Summary Judgment by The Department of the Navy. (Attachments: # 1 Declaration of Cinthia Camacho, # 2 Declaration of Michael Lee, # 3 Statement of Facts)(Cabral, Janet)(ave). (Entered: 05/09/2022)
2022-05-31	31	MOTION for Discovery Under Fed. R. Civ. Proc. 56(d) by Dennis M. Buckovetz. (Attachments: # 1 Declaration, # 2 Declaration)(Anderson, Travis)(ave). (Entered: 05/31/2022)
2022-06-14	32	RESPONSE in Opposition re 31 MOTION for Discovery Under Fed. R. Civ. Proc. 56(d) filed by The Department of the Navy. (Cabral, Janet) (ave). (Entered: 06/14/2022)
2022-06-21	33	REPLY to Response to Motion re 31 MOTION for Discovery Under Fed. R. Civ. Proc. 56(d) filed by Dennis M. Buckovetz. (Anderson, Travis) (ave). (Entered: 06/21/2022)
2022-09-29	34	ORDER. Signed by District Judge William Q. Hayes on 9/29/2022. (anh) (Entered: 09/29/2022)
2022-10-07	35	Joint MOTION for Extension of Time to File Supplemental Briefing by The Department of the Navy. (Cabral, Janet) QC Mailer sent for wrong judge in caption. (alns). (Entered: 10/07/2022)
2022-10-12	36	ORDER granting 35 Motion for Extension of Time to File. Signed by District Judge William Q. Hayes on 10/12/2022. (alns) (Entered: 10/12/2022)
2022-11-15	37	REPLY - Other re 30 MOTION for Summary Judgment Supplemental Briefing and Declarations Per Court's 9/29/22 Order filed by The Department of the Navy. (Attachments: # 1 Declaration Karl Rosenbaum, # 2 Declaration LtCol McConnell)(Cabral, Janet) (alns). (Entered: 11/15/2022)
2022-12-07	38	SUPPLEMENTAL BRIEFING by Plaintiff Dennis M. Buckovetz re 37 Reply - Other, 34 Order on Motion for Discovery in Support of Motion for Summary Judgment . (Anderson, Travis)(alns). (Entered: 12/07/2022)
2023-01-03	39	MINUTE ORDER: The Court will hear oral argument on Defendant's Motion for Summary Judgment (ECF No. 30 ) on Friday, February 10, 2023, at 11:00 a.m. in Courtroom 14B before the Honorable William Q. Hayes. ( Motion Hearing set for 2/10/2023 11:00 AM before District Judge William Q. Hayes.)(no document attached) (cxl1) (Entered: 01/04/2023)
2023-02-10	40	Minute Entry for proceedings held before District Judge William Q. Hayes: Motion Hearing held on 2/10/2023 re 30 MOTION for Summary Judgment filed by The Department of the Navy. Court to issue a written decision. (Court Reporter/ECR Melinda Setterman). (Plaintiff Attorney Travis John Anderson). (Defendant Attorney Janet A Cabral). (no document attached) (kas) (Entered: 02/10/2023)
2023-03-08	41	ORDER. Signed by District Judge William Q. Hayes on 3/8/2023. (alns) (jms). (Entered: 03/09/2023)
2023-03-09	42	CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that judgment is in favor of The Department of the Navy against Dennis M. Buckovetz(alns) (jms). (Entered: 03/09/2023)
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