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Case TitleStalcup v. Federal Bureau of Investigation et al
DistrictMiddle District of Florida
CityTampa
Case Number8:2023cv00885
Date Filed2023-04-21
Date ClosedOpen
JudgeJudge Thomas P. Barber
PlaintiffThomas Stalcup
Case DescriptionThomas Stalcup submitted FOIA requests to the FBI and the Navy for records concerning DOD missile tests and the TWA Flight 800 incident. The agencies acknowledged receipt of the requests. After hearing nothing further from the agencies, Stalcup filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantFederal Bureau of Investigation
DefendantUnited States Navy
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Opinion/Order [15]
Opinion/Order [22]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-04-211COMPLAINT against Federal Bureau of Investigation, United States Navy. Filing fee $402.00, receipt number TPA 68428 filed by Thomas Stalcup. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Civil Cover Sheet, # 6 Mailing Envelope)(AM) (Entered: 04/21/2023)
2023-04-212SUMMONS issued as to Federal Bureau of Investigation, United States Navy. (AM) (Entered: 04/21/2023)
2023-04-263MOTION for Two Duces Tecum Issuance of Subpoena, MOTION for Miscellaneous Relief, specifically ECF Electronic Filing Access by Thomas Stalcup. (Attachments: # 1 Main Document)(LSS) Motions referred to Magistrate Judge Anthony E. Porcelli. (Entered: 04/27/2023)
2023-05-054NOTICE TO COUNSEL of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (SRC) (Entered: 05/05/2023)
2023-05-055NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge . (Signed by Deputy Clerk). (SRC) (Entered: 05/05/2023)
2023-05-086ORDER denying without prejudice 3 Motion for Issuance of Two Duces Tecum Subpoenas; granting 3 Motion for Leave to File Documents Electronically. See Order for further details. Signed by Magistrate Judge Anthony E. Porcelli on 5/8/2023. (EPW) (Entered: 05/08/2023)
2023-05-127NOTICE of non-consent to magistrate judge; RETURN of service executed on 05/01/2023 by Thomas Stalcup as to Federal Bureau of Investigation. (Attachments: # 1 Return of Service - FBI)(AG) Modified text on 5/12/2023 (AG). (Entered: 05/12/2023)
2023-05-128RETURN of service executed on 05/03/2023 by Thomas Stalcup as to United States Navy. (AG) (Entered: 05/12/2023)
2023-07-149Emergency MOTION for Temporary Restraining Order by Thomas Stalcup. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit A, # 7 Exhibit B, # 8 Exhibit C, # 9 Exhibit D)(Stalcup, Thomas) Modified on 7/14/2023 to edit text(ABC). (Entered: 07/14/2023)
2023-07-1410AMENDED Certificate of Service re 9 Emergency MOTION for Temporary Restraining Order by Thomas Stalcup. (Stalcup, Thomas) (Modified on 7/17/2023, to edit text) (BGR). (Entered: 07/14/2023)
2023-07-1711RESPONSE in Opposition re 9 Emergency MOTION for Temporary Restraining Order filed by Federal Bureau of Investigation, United States Navy. (Leuthauser, Stephanie) (Entered: 07/17/2023)
2023-07-1712ENDORSED ORDER: On July 14, 2023, Plaintiff Thomas Stalcup filed a motion seeking a temporary restraining order (Doc. 9 ) against the National Transportation Safety Board, a non-party to this Freedom of Information Act ("FOIA") case. For the reasons reflected in the Government's response (Doc. 11 ), the motion is denied. This case will proceed in the normal course for FOIA actions. Signed by Judge Thomas P. Barber on 7/17/2023. (ANL) (Entered: 07/17/2023)
2023-07-2713MOTION to Dismiss FOIA Complaint by Federal Bureau of Investigation, United States Navy. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Leuthauser, Stephanie) (Entered: 07/27/2023)
2023-07-2814RESPONSE in Opposition re 13 MOTION to Dismiss FOIA Complaint filed by Thomas Stalcup. (Attachments: # 1 Exhibit 1: Expedited FBI FOIA Request)(Stalcup, Thomas) (Entered: 07/28/2023)
2023-08-0415ORDER: "United States' Motion to Dismiss FOIA Complaint" (Doc. 13 ) is hereby converted into a motion for summary judgment and will be reviewed pursuant to Rule 56 of the Federal Rules of Civil Procedure. The parties are directed to file a statement of undisputed facts, provide briefs on the merits, and provide any supplementary evidence (such as affidavits or documents) on or before August 18, 2023. The undisputed facts and briefs together should not exceed 20 pages. The parties may file responses to the opposing briefs on or before August 25, 2023. Responses should not exceed 15 pages. No replies will be permitted. See Order for further details. Signed by Judge Thomas P. Barber on 8/4/2023. (ANL) (Entered: 08/04/2023)
2023-08-1816STATEMENT of undisputed facts (Joint) by Federal Bureau of Investigation, United States Navy.. (Leuthauser, Stephanie) (Entered: 08/18/2023)
2023-08-1817NOTICE by Federal Bureau of Investigation, United States Navy re 13 MOTION to Dismiss FOIA Complaint (Of Filing Declarations in Support of MSJ) (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Leuthauser, Stephanie) (Entered: 08/18/2023)
2023-08-1818RESPONSE in Opposition re 13 MOTION to Dismiss FOIA Complaint that the Court converted to a MOTION for Summary Judgment (see D.15) filed by Thomas Stalcup. (Attachments: # 1 Exhibit 1: Stalcup's Supporting Affidavit, # 2 Exhibit 2: Lease, # 3 Exhibit 3: August 4, 2023 Conferral Letter From Plaintiff, # 4 Exhibit 4: Initial Reply To Conferral Letter, # 5 Exhibit 5: DOJ FOIA Guidelines, # 6 Exhibit 6: OIP Online Portal For FBI Appeal)(Stalcup, Thomas) (Entered: 08/18/2023)
2023-08-2519REPLY to Response re 18 Response in Opposition to Motion filed by United States Navy. (Leuthauser, Stephanie) Modified text on 8/28/2023 (GL). (Entered: 08/25/2023)
2023-08-3120MOTION to Amend 1 Complaint by Thomas Stalcup. (Attachments: # 1 Exhibit Amended Complaint)(Stalcup, Thomas) (Entered: 08/31/2023)
2023-09-0521ENDORSED ORDER: Plaintiff's motion to amend complaint (Doc. 20 ) is denied. Signed by Judge Thomas P. Barber on 9/5/2023. (ANL) (Entered: 09/05/2023)
2023-09-1322ORDER: "Defendants' Motion to Dismiss FOIA Complaint" (Doc. 13 ), which was converted to a motion for summary judgment, is granted. This case is dismissed without prejudice for lack of subject matter jurisdiction. The Clerk is directed to terminate any pending deadlines and motions, and thereafter close this case. See Order for details. Signed by Judge Thomas P. Barber on 9/13/2023. (ANL) (Entered: 09/13/2023)
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by FOIA Project Staff
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