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Case TitleMoore Injury Law, LLC et al v. United States Department of Labor
DistrictNorthern District of Georgia
CityAtlanta
Case Number1:2022cv01128
Date Filed2022-03-21
Date Closed2024-03-04
JudgeJudge Mark H. Cohen
PlaintiffMoore Injury Law, LLC
PlaintiffKevin G. Moore
Case DescriptionMoore Injury Law, LLC submitted FOIA requests to the Occupational Safety and Health Administration for records concerning inspections of the ConMed Corporation located at Lithia Springs, Georgia. The agency produced 381 redacted records pertaining to two inspection reports. Moore Injury Law filed an administrative appeal. After hearing nothing further from the agency, Moore Injury Law filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUnited States Department of Labor
Documents
Docket
Complaint
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User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-03-211COMPLAINT for Declaratory and Injunctive Relief filed by Moore Injury Law, LLC, Kevin G. Moore. (Filing fee $402, receipt number AGANDC-11669794) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3.1, # 4 Exhibit 3.2, # 5 Exhibit 3.3, # 6 Exhibit 4, # 7 Exhibit 5.1, # 8 Exhibit 5.2, # 9 Exhibit 5.3.1, # 10 Exhibit 5.3.2, # 11 Exhibit 5.3.3, # 12 Exhibit 5.3.4, # 13 Exhibit 5.3.5, # 14 Exhibit 6.1, # 15 Exhibit 6.2, # 16 Exhibit 7.1, # 17 Exhibit 7.2, # 18 Exhibit 8, # 19 Exhibit 9.1, # 20 Exhibit 9.2, # 21 Exhibit 9.3, # 22 Exhibit 9.4, # 23 Exhibit 9.5, # 24 Exhibit 10.1, # 25 Exhibit 10.2, # 26 Civil Cover Sheet)(cavc) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Additional attachment(s) added on 3/22/2022: # 27 Corrected Main Document) (cavc). (Entered: 03/22/2022)
2022-03-212Electronic Summons Issued as to United States Department of Labor. (Attachments: # 1 Summons OSHA West, # 2 Summons OSHA, # 3 Summons U.S. Attorney, # 4 Summons United)(cavc) (Entered: 03/22/2022)
2022-03-233STANDING ORDER REGARDING CIVIL LITIGATION Signed by Judge Mark H. Cohen on 3/23/2022. (tmf) (Entered: 03/24/2022)
2022-04-184AFFIDAVIT of Service for Summons and Complaint , as to US Department of Labor. (Hertz, Eric) (Entered: 04/18/2022)
2022-04-255Unopposed MOTION for Extension of Time to File Answer re 1 Complaint,,, with Brief In Support by United States Department of Labor. (Attachments: # 1 Brief, # 2 Text of Proposed Order)(Nugent, Adam) (Entered: 04/25/2022)
2022-04-256ORDER granting 5 Motion for Extension of Time to Answer. United States Department of Labor Answer due 5/27/2022. Signed by Judge Mark H. Cohen on 4/25/2022. (tmf) (Entered: 04/25/2022)
2022-05-247Unopposed MOTION for Extension of Time re: 1 Complaint,,, to file a responsive pleading with Brief In Support by United States Department of Labor. (Attachments: # 1 Text of Proposed Order)(Nugent, Adam) Modified on 5/24/2022 to edit relief(tmf). (Entered: 05/24/2022)
2022-05-248ORDER granting 7 Motion for Extension of Time to Answer re 7 Motion for Extension of Time to File Answer, United States Department of Labor Answer due 7/26/2022. Signed by Judge Mark H. Cohen on 5/24/2022. (tmf) (Entered: 05/24/2022)
2022-07-269ANSWER to 1 COMPLAINT by United States Department of Labor. Discovery ends on 12/23/2022.(Nugent, Adam) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 07/26/2022)
2022-08-2510JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by United States Department of Labor. (Nugent, Adam) (Entered: 08/25/2022)
2022-09-1211SCHEDULING ORDER: re: 10 Joint Preliminary Report and Discovery Plan. Upon review of the information contained in the Joint Preliminary Report and Discovery Plan form completed and filed by the parties, the Court orders that the time limits for adding parties, amending the pleadings, filing motions, completing discovery, and discussing settlement are as set out in the Federal Rules of Civil Procedure and the Local Rules of this Court, except as herein modified: The discovery period shall be for FOUR (4) MONTHS, beginning August 26, 2022 and ending on December 23, 2022. See document for further specifics. Signed by Judge Mark H. Cohen on 9/12/2022. (tmf) (Entered: 09/12/2022)
2022-10-2412Notice for Leave of Absence for the following date(s): November 18, 2022 - November 28, 2022, by Adam D. Nugent. (Nugent, Adam) (Entered: 10/24/2022)
2022-12-0213ORDER: A review of the docket in this case shows that Plaintiffs have not complied with Local Rule 3.3 of this Court requiring that a Certificate of Interested Persons and Corporate Disclosure Statement be filed at the time of the non-governmental party's first appearance. LR 3.3A, NDGa. It is hereby ORDERED that Plaintiffs file their Certificate of Interested Persons and Corporate Disclosure Statement, if applicable, within ten (10) days of the date of this Order. Signed by Judge Mark H. Cohen on 12/2/2022. (tmf) (Entered: 12/02/2022)
2022-12-0814Certificate of Interested Persons by Kevin G. Moore. (Hertz, Eric) (Entered: 12/08/2022)
2022-12-14Clerks Notation re 14 Certificate of Interested Persons reviewed by Mark H. Cohen. (lme) (Entered: 12/14/2022)
2022-12-2315Joint MOTION for Extension of Time to Disclose Information with Brief In Support by United States Department of Labor. (Nugent, Adam) Modified on 1/3/2023 to edit relief(tmf). (Entered: 12/23/2022)
2023-01-0316ORDER: Having considered the Joint Motion to Extend Time for Disclosure of Information, it is hereby: ORDERED AND ADJUDGED that the Motion is GRANTED. The discovery / disclosure period is hereby extended through and including March 23, 2023. The parties shall notify the Court by March 23, 2023 regarding the status of document production and whether a dispute remains regarding the production of documents. Signed by Judge Mark H. Cohen on 1/3/2023. (tmf) (Entered: 01/03/2023)
2023-03-2217Joint MOTION for Extension of Time For Disclosure of Information submitted by United States Department of Labor. (Attachments: # 1 Text of Proposed Order)(Nugent, Adam) (Entered: 03/22/2023)
2023-03-2318Amended Joint MOTION for Extension of Time For Disclosure of Information submitted March 22,2023 by United States Department of Labor. (Attachments: # 1 Text of Proposed Order)(Nugent, Adam) Modified on 3/23/2023 to edit text and relief(tmf). (Entered: 03/23/2023)
2023-03-2319ORDER: The discovery / disclosure period is hereby extended through and including May 22, 2023. The parties shall notify the Court by May 22, 2023 regarding the status of document production and whether a dispute remains regarding the production of documents. Signed by Judge Mark H. Cohen on 3/23/2023. (tmf) (Entered: 03/23/2023)
2023-05-24Submission of 19 Order to District Judge Mark H. Cohen. (tht) (Entered: 05/24/2023)
2023-06-2220NOTICE of Leave of Absence by United States Department of Labor June 27, 2023 to July 7, 2023 (Nugent, Adam) Modified on 6/23/2023 to edit event and add requested dates(tmf). (Entered: 06/22/2023)
2023-06-23Notification of Docket Correction re 20 NOTICE of Leave of Absence by United States Department of Labor June 27, 2023 to July 7, 2023 (Nugent, Adam) Modified on 6/23/2023 to edit event and add requested dates(tmf). (Entered: 06/23/2023)
2023-07-1421Joint MOTION for Extension of Time for disclosure of information with Brief In Support by United States Department of Labor. (Nugent, Adam) (Entered: 07/14/2023)
2023-07-1422ORDER granting 21 Joint MOTION for Extension of Time for disclosure of information. Having considered the Joint Motion to Extend Time for Disclosure of Information, it is hereby: ORDERED AND ADJUDGED that the Motion is GRANTED. The discovery / disclosure period is hereby extended through and including October 12, 2023. The parties shall notify the Court by October 12, 2023, regarding the status of document production and whether a dispute remains regarding the production of documents. Signed by Judge Mark H. Cohen on 7/14/2023. (tmf) (Entered: 07/14/2023)
2023-10-1223Joint MOTION for Extension of Time to disclose information with Brief In Support by United States Department of Labor. (Nugent, Adam) Modified on 10/13/2023 to edit relief(tmf). (Entered: 10/12/2023)
2023-10-1324ORDER: Having considered the 23 Joint Motion to Extend Time for Disclosure of Information, it is hereby: ORDERED AND ADJUDGED that the Motion is GRANTED. The discovery / disclosure period is hereby extended through and including December 11, 2023. The parties shall notify the Court by December 11,2023 regarding the status of document production and whether a dispute remains regarding the production of documents. Signed by Judge Mark H. Cohen on 10/12/2023. (tmf) (Entered: 10/13/2023)
2023-12-13Submission of 24 Order on Motion for Extension of Time to Complete Discovery, to District Judge Mark H. Cohen. (lme) (Entered: 12/13/2023)
2023-12-1825Joint MOTION for Extension of Time to disclose information with Brief In Support by United States Department of Labor. (Nugent, Adam) Modified on 12/18/2023 to edit relief(tmf). (Entered: 12/18/2023)
2023-12-1826ORDER ON JOINT MOTION TO EXTEND TIME FOR DISCLOSURE OF INFORMATION: Having considered the Joint Motion to Extend Time for Disclosure of Information/ it is hereby: ORDERED AND ADJUDGED that the Motion is GRANTED The discovery / disclosure period is hereby extended through and including February 16, 2024. The parties shall notify the Court by February 16, 2024 regarding the status of document production and whether a dispute remains regarding the production of documents. Signed by Judge Mark H. Cohen on 12/18/2023. (tmf) (Entered: 12/18/2023)
2024-02-2827STATUS REPORT ORDER. More than sixty days have elapsed, and the parties have not provided the required notification "regarding the status of document production and whether a dispute remains" 26 . Accordingly, it is hereby ORDERED that the parties shall file a written status update withing seven (7) days of the date of this Order advising the Court as to the status of Defendant's document production. Signed by Judge Mark H. Cohen on 2/28/2024. (dgr) (Entered: 02/28/2024)
2024-03-0128NOTICE of Stipulation of Dismissal and Stipulation of the Parties filed by Kevin G. Moore (Gewirtz, Jeffrey) Modified on 3/4/2024 to correct event type and docket text (dgr). (Entered: 03/01/2024)
2024-03-04Clerk's Entry of Dismissal APPROVING 28 Notice of Stipulation of Dismissal pursuant to Fed.R.Civ.P.41(a)(1)(A)(ii). (dgr) (Entered: 03/04/2024)
2024-03-04Civil Case Terminated. (dgr) (Entered: 03/04/2024)
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by FOIA Project Staff
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