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Case TitleWalsh v. Department of the Navy
DistrictDistrict of South Dakota
CitySouthern Division
Case Number4:2023cv04164
Date Filed2023-10-17
Date ClosedOpen
JudgeU.S. District Judge Eric C. Schulte
PlaintiffCaptain Rory M. Walsh USMC (Ret.)
Case DescriptionRory Walsh submitted a FOIA request to the Department of Navy for records concerning letters censuring murderers Humble and Hagee. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Walsh filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantDepartment of the Navy
DefendantUnited States of America
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [25]
Opinion/Order [37]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-10-171COMPLAINT , $402 fee paid, receipt #400002560, filed by Rory M. Walsh. (Attachments: # 1 Exhibits 1-6) (CLR) Modified on 10/17/2023 to add payment information. (CLR) (Entered: 10/17/2023)
2023-10-172REGISTRATION for Electronic Notice by Rory M. Walsh. Pro se party Rory M. Walsh will now receive electronic notice of unsealed documents filed in this case. Refer to the CM/ECF User Manual located on the court website at www.sdd.uscourts.gov for information about accessing documents. (CLR) (Entered: 10/17/2023)
2023-10-173Summonses Issued as to USA. 2 Summmons, 3 AO 85 Forms, and Rule 73 Memo provided to pro se plaintiff over counter at SF Clerk's Office. (CLR) (Entered: 10/17/2023)
2023-10-174NOTICE TO PLAINTIFF: The Clerks Office has received your Complaint together with the filing fee and completed summonses. A new case has been opened. Your summmons have been issued. You are responsible for arranging service of the summons and complaint on the defendant(s). Copy of docket sheet sent to plaintiff. (CLR) Any further documents or correspondence you send to the Clerks Office concerning your case must include the case number. All documents submitted for filing must also contain an original signature. Pursuant to the E-Government Act and D.S.D. Civ. LR 5.2, you must redact personal identifiers from documents submitted to the Court. The Clerks Office will not review for compliance. Submitted documents are electronically scanned for filing and they become the official court record. The quality of the official court record is determined by the quality of the original documents received for filing. Writing should only be on one side of the paper and writing must be dark enough for scanning. All documents must be on 8.5 x 11 inch paper. A request to electronically file documents in your case must be made through the PACER Service Center at www.pacer.uscourts.gov. The plaintiff must keep the Court informed of the plaintiff's address changes, including changes to primary and secondary email addresses. If the Court is not kept informed and multiple items are returned as undelivered, the plaintiff's case may be dismissed without prejudice for failure to prosecute. (Entered: 10/17/2023)
2023-10-185MOTION to Electronically File Documents pursuant to e-filing registration request submitted through PACER. Pro se party Rory M. Walsh will now begin receiving electronic notice of unsealed documents filed in this case, but must wait for a Court ruling regarding e-filing. Refer to the CM/ECF User Manual located on the court website at www.sdd.uscourts.gov for information about accessing documents. (DJP) (Entered: 10/18/2023)
2023-10-276NOTICE of Appearance by Stephanie C. Bengford on behalf of All Defendants. (Bengford, Stephanie) (Entered: 10/27/2023)
2023-10-277ADMISSION of Service of Summons and Complaint served on US Attorney's Office on 10/23/2023, filed by Department of the Navy, United States of America. (Bengford, Stephanie) (Entered: 10/27/2023)
2023-10-278(FILED IN ERROR) RETURN OF SERVICE as to United States of America served on 10/23/2023. Department of The Navy Summons returned UnExecuted see Enclosure (2). (KLE) Modified on 10/30/2023 (DJP). (Entered: 10/27/2023)
2023-10-279Plaintiff's AFFIDAVIT of Service filed by Rory M. Walsh. (DJP) (Entered: 10/30/2023)
2023-10-30NOTICE of Filing Error (missing pages): 8 Return of Service was filed in error and should be disregarded. (DJP) (Entered: 10/30/2023)
2023-11-0210AFFIDAVIT of Service Addendum filed by Rory M. Walsh. (Attachments: # 1 Enclosure (1), # 2 Affidavit of Service; Addendum Certificate of Service)(DJP) (Entered: 11/02/2023)
2023-11-0311TEXT ORDER granting 5 MOTION to Electronically File Documents. Signed by Chief Judge Roberto A. Lange on 11/3/23. (KMH) (Entered: 11/03/2023)
2023-11-2112MOTION to Strike 1 Complaint , MOTION to DISMISS pursuant to FRCP 12(b)(5) , MOTION to DISMISS for Failure to State a Claim by Department of the Navy, United States of America. (Bengford, Stephanie) (Entered: 11/21/2023)
2023-11-2113MEMORANDUM in Support re 12 MOTION to Strike 1 Complaint MOTION to DISMISS pursuant to FRCP 12(b)(5) MOTION to DISMISS for Failure to State a Claim filed by Department of the Navy, United States of America. (Bengford, Stephanie) (Entered: 11/21/2023)
2023-12-0114Summons Issued as to USA Attorney General Merrick B. Garland US Department of Justice. Summmons(es) delivered to Roy Walsh via hand-delivery. (KLE) (Entered: 12/01/2023)
2023-12-0415AFFIDAVIT of Service of Affidavit of Service; Second Addendum served on Defendants' Counsel of Record on 12/04/2023, filed by Rory M. Walsh. (Attachments: # 1 Certificate of Service)(Walsh, Rory) (Entered: 12/04/2023)
2023-12-0416BRIEF by Plaintiff Rory M. Walsh re 13 Memorandum in Support of Motion, 12 MOTION to Strike 1 Complaint MOTION to DISMISS pursuant to FRCP 12(b)(5) MOTION to DISMISS for Failure to State a Claim Plaintiff's Brief in Opposition to the Defendants motion to dismiss or to strike (Attachments: # 1 Exhibit Statement of Material Facts not in dispute, # 2 Proposed Order Brief in Opposition to Dismiss Draft Order, # 3 Certificate of Service) (Walsh, Rory) (Entered: 12/04/2023)
2023-12-0417AFFIDAVIT of Service of Addendum of service effected Third Addendum of Service with evidence served on Defendants' Counsel of Record on 12/04/2023, filed by Rory M. Walsh. (Attachments: # 1 Certificate of Service)(Walsh, Rory) (Entered: 12/04/2023)
2023-12-1818REPLY to Motion Response re 12 MOTION to Strike 1 Complaint MOTION to DISMISS pursuant to FRCP 12(b)(5) MOTION to DISMISS for Failure to State a Claim filed by Department of the Navy, United States of America. (Bengford, Stephanie) (Entered: 12/18/2023)
2023-12-1919SUPPLEMENT by Plaintiff Rory M. Walsh re 16 Brief,, Plaintiff's Supplemental Pleading per FRCP15(d) to file a Supplemental Pleading due to the defendants throwing the FBI at the Plaintiff on 3 December 2023 to keep Plaintiff from filing his opposition to the defendants motion to dismiss . (Attachments: # 1 Certificate of Service) (Walsh, Rory) (Entered: 12/19/2023)
2024-01-0220Unopposed MOTION for Extension of Time to File Answer re 19 Supplement, by Department of the Navy, United States of America. (Attachments: # 1 Proposed Order Proposed Order to Extension Request) (Bengford, Stephanie) (Entered: 01/02/2024)
2024-01-0321ORDER granting 20 Motion for Extension of Time to Answer. re 20 Unopposed MOTION for Extension of Time to File Answer re 19 Supplement, Department of the Navy answer due 1/5/2024... Signed by Chief Judge Roberto A. Lange on 1/3/2024. (SLT) (Entered: 01/03/2024)
2024-01-0522RESPONSE to 19 Supplement, filed by Department of the Navy, United States of America. (Bengford, Stephanie) (Entered: 01/05/2024)
2024-01-0823REPLY to 22 Response, 19 Supplement, Plaintiff's Reply to the defendants filed opposition to the Plaintiff motion to file an FRCP 15(d) motion with this court due to the recent crimes by the defendants in front of Plaintiff's residence on 3 Dec 23 attempting to block Plaintiff from filing his opposition at docket 16 in violation of the Ku Klux Klan Act of 1871 filed by Rory M. Walsh. (Attachments: # 1 Certificate of Service) (Walsh, Rory) (Entered: 01/08/2024)
2024-06-1124TEXT ORDER REASSIGNING CASE. Case reassigned to U.S. District Judge Eric C Schulte for all further proceedings. Chief Judge Roberto A. Lange no longer assigned to case. Signed by Chief Judge Roberto A. Lange on 06/11/2024. (AKW) (Entered: 06/11/2024)
2024-09-0425OPINION & ORDER granting in part and denying in part 12 Defendant's MOTION to Strike and denying 12 Defendant's Motion to Dismiss. Signed by U.S. District Judge Eric C. Schulte on 09/04/2024. (KLE) (Entered: 09/04/2024)
2024-09-1726Defendant's ANSWER to 1 Plaintiff's Complaint by Department of the Navy, United States of America. (Attachments: # 1 Exhibit Complaint with Motion to Strike Applied) (Bengford, Stephanie) (Entered: 09/17/2024)
2024-09-2227First MOTION to Strike 26 Answer to Complaint Plaintiff's Motion PER FRCP12(f) to STRIKE the unauthorized filing at docket 26, COMPEL the Navy to release same requested documents and for SANCTIONS against AUSA Bengford by Rory M. Walsh. (Attachments: # 1 Proposed Order, # 2 Certificate of Service) (Walsh, Rory) (Entered: 09/22/2024)
2024-09-2328ORDER denying 27 First MOTION to Strike 26 Answer to Complaint Plaintiff's Motion PER FRCP12(f) to STRIKE the unauthorized filing at docket 26, COMPEL the Navy to release same requested documents and for SANCTIONS against AUSA Bengford and Requiring Written Submissions from the Parties for Deadlines. Signed by U.S. District Judge Eric C. Schulte on 09/23/2024. (KLE) (Entered: 09/23/2024)
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