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Case TitleMilliron v. National Archives and Records Administration et al
DistrictWestern District of Michigan
CitySouthern Division
Case Number1:2023cv01222
Date Filed2023-11-20
Date ClosedOpen
JudgeJudge Robert J. Jonker
PlaintiffRyan Milliron
Case DescriptionRyan Milliron submitted eleven FOIA requests to the National Archives and Records Administration, the Defense Department, and the Department of Homeland Security for records concerning a number of unrelated topics. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, Milliron filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantNational Archives and Records Administration
DefendantNational Archives and Records Administration
TERMINATED: 01/13/2025
DefendantU.S. Department of Defense
DefendantDepartment of Homeland Security
DefendantDepartment of Homeland Security
TERMINATED: 01/13/2025
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-11-201COMPLAINT against Department of Homeland Security, National Archives and Records Administration, U.S. Department of Defense filed by Ryan Milliron (ems) (Entered: 11/20/2023)
2023-11-20RECEIPT: in the amount of $402.00, receipt number 100003314; for civil case filing fee (ems) (Entered: 11/20/2023)
2023-11-202NOTICE of receipt of case (ems) (Entered: 11/20/2023)
2023-11-20Copy of Receipt of Case Notice 2 sent via U.S. Mail to Ryan Milliron (ems) (Entered: 11/20/2023)
2023-11-20SUMMONS NOT ISSUED as to defendants Department of Homeland Security, National Archives and Records Administration, U.S. Department of Defense (proposed summonses not provided by filing party at time of filing) (ems) (Entered: 11/20/2023)
2023-11-203ORDER REFERRING CASE to Magistrate Judge Phillip J. Green; signed by Judge Robert J. Jonker (elam) (Entered: 11/20/2023)
2023-11-20Copy of Order Referring Case to Magistrate Judge 3 sent via U.S. Mail to Ryan Milliron (ems) (Entered: 11/20/2023)
2023-11-22SUMMONS ISSUED as to defendants Department of Homeland Security, National Archives and Records Administration, U.S. Department of Defense, U.S. Attorney and U.S. Attorney General and returned to plaintiff at counter in Grand Rapids office (ems) Modified text on 11/22/2023 (ems). (Entered: 11/22/2023)
2023-11-274SUMMONS returned executed on Department of Homeland Security, National Archives and Records Administration, U.S. Department of Defense, US Attorney and US Attorney General; service upon defendant, Department of Homeland Security complete on 11/24/2023, answer due 12/26/2023; National Archives and Records Administration complete on 11/24/2023, answer due 12/26/2023; U.S. Department of Defense complete on 11/24/2023, answer due 12/26/2023 (ems) (Entered: 11/28/2023)
2023-12-265ANSWER to complaint 1 with defenses by Department of Homeland Security, National Archives and Records Administration, U.S. Department of Defense (Attachments: # 1 Exhibit A - NARA 22-35347-F, NW 63986 FOIA Request, # 2 Exhibit B - Apr. 26, 2022 Interim Response in NARA 22-35347-F, NW 63986, # 3 Exhibit C - NARA 22-37693-F, NW 67444 FOIA Request, # 4 Exhibit D - May 16, 2022 Interim Response in NARA 22-37693-F, NW 67444, # 5 Exhibit E - NARA 22-29596-F FOIA Request, # 6 Exhibit F - Mar. 24, 2022 Interim Response in NARA 22-29596-F, # 7 Exhibit G - Apr. 20, 2022 Interim Response in NARA 22-29596-F, # 8 Exhibit H - June 1, 2022 Interim Response in NARA 22-29596-F, # 9 Exhibit I - Aug. 8, 2022 Interim Response in NARA 22-29596-F, # 10 Exhibit J - NARA 22-31145-F FOIA Request, # 11 Exhibit K - Mar. 29, 2022 Interim Response in NARA 22-31145-F, # 12 Exhibit L - NARA 22-31146-F, NW 67242 FOIA Request, # 13 Exhibit M - Mar. 31, 2022 Interim Response in NARA 22-31146-F, NW 67242, # 14 Exhibit N - Feb. 23, 2023 Interim Response in NARA NW 67242, # 15 Exhibit O - NARA 22-35344-F, NW 67390 FOIA Request, # 16 Exhibit P - Apr. 26, 2022 Interim Response in NARA 22-35344-F, NW 67390, # 17 Exhibit Q - NARA 22-62438-F, NW 68077 FOIA Request, # 18 Exhibit R - Sept. 12, 2022 Interim Response in NARA 22-62438-F, NW 68077, # 19 Exhibit S - Apr. 6, 2023 Interim Response in NW 68077, # 20 Exhibit T - NARA 22-32386-F, NW 67291 FOIA Request, # 21 Exhibit U - Apr. 6, 2022 Interim Response in NARA 22-32386-F, NW 67291, # 22 Exhibit V - Aug. 8, 2022 Interim Response in NARA 22-32386-F, # 23 Exhibit W - Jan. 30, 2023 Interim Response in NARA 22-32386-F, # 24 Exhibit X - Apr. 10, 2023 Interim Response in NARA 22-32386-F, # 25 Exhibit Y - May 10, 2023 Interim Response in NARA 22-32386-F, # 26 Exhibit Z - Aug. 23, 2023 Interim Response in NARA 22-32386-F, # 27 Exhibit AA - NW 67290, NARA 22-32385-F FOIA Request, # 28 Exhibit BB - Apr. 6, 2022 Interim Response in NARA 22-32385-F, NW 67290, # 29 Exhibit CC - Apr. 6, 2023 Interim Response in NW 67290, # 30 Exhibit DD - DOD 23-F-1597 FOIA Request, # 31 Exhibit EE - Sept. 26, 2023 Interim Response in DOD 23-F-1597, # 32 Exhibit FF - DHS 2023-HQFO-02000 FOIA Request, # 33 Exhibit GG - Sept. 14, 2023 Interim Response in 2023-HQFO-02000) (Jerome, Simon) Modified text on 12/27/2023 (ems). (Entered: 12/26/2023)
2023-12-266CERTIFICATE OF SERVICE by defendants Department of Homeland Security, National Archives and Records Administration, U.S. Department of Defense re Answer to Complaint 5 (Jerome, Simon) Modified text on 12/27/2023 (ems). (Entered: 12/26/2023)
2023-12-277NOTICE to attorney Simon Gregory Jerome regarding recent filing 5 (ems) (Entered: 12/27/2023)
2024-01-048ORDER setting Rule 16 scheduling conference: Rule 16 scheduling conference is set for 1/29/2024 at 01:30 PM at 499 Federal Building, Grand Rapids, MI before Magistrate Judge Phillip J. Green; status report due by 1/24/2024; signed by Magistrate Judge Phillip J. Green (jkw) (Entered: 01/04/2024)
2024-01-04Copy of Order Setting Rule 16 Scheduling Conference 8 sent via U.S. Mail to Ryan Milliron (ems) (Entered: 01/04/2024)
2024-01-249JOINT STATUS REPORT and Joint Motion for Virtual Rule 16 Conference (Jerome, Simon) (Entered: 01/24/2024)
2024-01-2410CERTIFICATE OF SERVICE by defendants Department of Homeland Security, National Archives and Records Administration, U.S. Department of Defense re Joint Status Report (Rule 16) 9 (Jerome, Simon) (Entered: 01/24/2024)
2024-01-2511NOTICE to attorney Simon Gregory Jerome regarding recent filing 9 (ems) (Entered: 01/25/2024)
2024-01-2512JOINT MOTION for leave to appear remotely by defendants Department of Homeland Security, National Archives and Records Administration, U.S. Department of Defense; (Jerome, Simon) (Entered: 01/25/2024)
2024-01-2513CERTIFICATE OF SERVICE by defendants Department of Homeland Security, National Archives and Records Administration, U.S. Department of Defense re JOINT MOTION for leave to appear remotely 12 (Jerome, Simon) (Entered: 01/25/2024)
2024-01-2514NOTICE to attorney Simon Gregory Jerome regarding recent filing 12 (ems) (Entered: 01/25/2024)
2024-01-2515CORRECTED JOINT MOTION for leave to appear remotely by defendants Department of Homeland Security, National Archives and Records Administration, U.S. Department of Defense; (Jerome, Simon) Modified text on 1/25/2024; this entry replaces 12 (ems). (Entered: 01/25/2024)
2024-01-2516CERTIFICATE OF SERVICE by defendants Department of Homeland Security, National Archives and Records Administration, U.S. Department of Defense re CORRECTED JOINT MOTION for leave to appear remotely 15 (Jerome, Simon) Modified text on 1/25/2024 (ems). (Entered: 01/25/2024)
2024-01-2617ORDER dismissing as moot 12 motion for leave to appear remotely; granting 15 motion for leave to appear remotely for the Rule 16 Scheduling Conference; signed by Magistrate Judge Phillip J. Green (jkw) (Entered: 01/26/2024)
2024-01-2618(RESTRICTED ACCESS) DOCUMENT Video Conference Information regarding Rule 16 Scheduling Conference [Access to this document is available to the Court and attorney(s) for Department of Homeland Security, Ryan Milliron, National Archives and Records Administration, U.S. Department of Defense only] (jkw) (Entered: 01/26/2024)
2024-01-26Copy of Restricted Access Court Document 18 , Order on Motion for Leave to Appear 17 sent via U.S. Mail to Ryan Milliron (ems) (Entered: 01/26/2024)
2024-01-2619CORRECTED JOINT STATUS REPORT (Jerome, Simon) Modified text on 1/26/2024; this entry replaces 9 (ems). (Entered: 01/26/2024)
2024-01-2620CERTIFICATE OF SERVICE by defendants Department of Homeland Security, National Archives and Records Administration, U.S. Department of Defense re Corrected Joint Status Report (Rule 16) 19 (Jerome, Simon) Modified text on 1/26/2024 (ems). (Entered: 01/26/2024)
2024-01-2921MINUTES held before Magistrate Judge Phillip J. Green of scheduling conference via Zoom; Parties to submit a JSR Report to the Court on or before March 29, 2024. (Proceedings Digitally Recorded) (ald) (Entered: 01/29/2024)
2024-03-2922JOINT STATUS REPORT submitted for filing by defendants Department of Homeland Security, National Archives and Records Administration, U.S. Department of Defense (Jerome, Simon) (Entered: 03/29/2024)
2024-03-2923CERTIFICATE OF SERVICE by defendants Department of Homeland Security, National Archives and Records Administration, U.S. Department of Defense re Status Report 22 (Jerome, Simon) (Entered: 03/29/2024)
2024-04-0124ORDER re 22 ; Joint Status Report due 6/28/2024; signed by Magistrate Judge Phillip J. Green (jkw) (Entered: 04/01/2024)
2024-04-01Copy of Order 24 sent via U.S. Mail to Ryan Milliron (ems) (Entered: 04/01/2024)
2024-05-2925PRO SE APPLICATION for electronic filing and service by plaintiff Ryan Milliron (ems) (Entered: 05/29/2024)
2024-05-3026ORDER granting 25 pro se application for electronic filing and service; signed by Magistrate Judge Phillip J. Green (jkw) (Entered: 05/30/2024)
2024-05-30Copy of Order on Pro Se Application for Electronic Filing and Service 26 sent via U.S. Mail to Ryan Milliron (ems) (Entered: 05/30/2024)
2024-06-0627MOTION to compel Production Of Files for In Camera Review Or In The Alternative, Discovery by plaintiff Ryan Milliron; (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5) (Milliron, Ryan) (Entered: 06/06/2024)
2024-06-0628CERTIFICATE of compliance re word count for MOTION to compel Production Of Files for In Camera Review Or In The Alternative, Discovery 27 filed by Ryan Milliron (Milliron, Ryan) (Entered: 06/06/2024)
2024-06-2029RESPONSE in opposition to MOTION to compel Production Of Files for In Camera Review Or In The Alternative, Discovery 27 filed by Department of Homeland Security, National Archives and Records Administration, U.S. Department of Defense (Attachments: # 1 Exhibit 1 - Mar. 21, 2024 Email from DOD to Ryan Milliron, # 2 Exhibit 2 - Mar. 21, 2024 Email from Ryan Milliron to DOD, # 3 Exhibit 3 - Mar. 25, 2024 Email from Simon Jerome to Ryan Milliron, # 4 Exhibit 4 - May 8, 2024 Email from DOD to Ryan Milliron, # 5 Exhibit 5 - May 8, 2024 Email from Ryan Milliron to Simon Jerome, # 6 Exhibit 6 - June 14, 2024 Email from Ryan Milliron to Simon Jerome) (Jerome, Simon) Modified text on 6/20/2024 (ems). (Entered: 06/20/2024)
2024-06-2030CERTIFICATE of compliance re word count for Response in Opposition 29 filed by Department of Homeland Security, National Archives and Records Administration, U.S. Department of Defense (Jerome, Simon) Modified text on 6/20/2024 (ems). (Entered: 06/20/2024)
2024-06-2031CERTIFICATE OF SERVICE by defendants Department of Homeland Security, National Archives and Records Administration, U.S. Department of Defense re Response in Opposition 29 (Jerome, Simon) Modified text on 6/20/2024 (ems). (Entered: 06/20/2024)
2024-06-2032MOTION for leave to file Reply to Government's Response by plaintiff Ryan Milliron; (Milliron, Ryan) (Entered: 06/20/2024)
2024-06-2133ORDER granting 32 motion for leave to file reply brief in support of plaintiff's motion to compel 27 ; reply brief due on or before 6/27/2024; signed by Magistrate Judge Phillip J. Green (jkw) (Entered: 06/21/2024)
2024-06-2534REPLY TO RESPONSE TO MOTION to compel Production Of Files for In Camera Review Or In The Alternative, Discovery 27 filed by Ryan Milliron (Attachments: # 1 Exhibit 1) (Milliron, Ryan) Modified text on 6/25/2024 (ems). (Entered: 06/25/2024)
2024-06-2535CERTIFICATE of compliance re word count for Reply to Response to Motion 34 filed by Ryan Milliron (Milliron, Ryan) Modified text on 6/25/2024 (ems). (Entered: 06/25/2024)
2024-06-2836JOINT STATUS REPORT submitted for filing by defendants Department of Homeland Security, National Archives and Records Administration, U.S. Department of Defense (Jerome, Simon) (Entered: 06/28/2024)
2024-07-0337NOTICE of status conference set for 8/21/2024 at 11:00 AM by video before Magistrate Judge Phillip J. Green; (jkw) (Entered: 07/03/2024)
2024-07-0338(RESTRICTED ACCESS) DOCUMENT Video Conference Information regarding August 21 Status Conference [Access to this document is available to the Court and attorney(s) for Department of Homeland Security, Ryan Milliron, National Archives and Records Administration, U.S. Department of Defense only] (jkw) (Entered: 07/03/2024)
2024-08-1839MOTION to supplement 27 by plaintiff Ryan Milliron; (Milliron, Ryan) (Entered: 08/18/2024)
2024-08-2140MINUTES held before Magistrate Judge Phillip J. Green of status conference via Video; order and notice to issue (Proceedings Digitally Recorded) (ald) (Entered: 08/21/2024)
2024-08-2241ORDER denying 27 motion to compel; denying 39 motion to supplement; Status Conference set for 10/23/2024 at 11:00 a.m. by video; signed by Magistrate Judge Phillip J. Green (jkw) (Entered: 08/22/2024)
2024-08-2242(RESTRICTED ACCESS) DOCUMENT Video Conference Information regarding the October 23, 2024 Status conference. [Access to this document is available to the Court and attorney(s) for Department of Homeland Security, Ryan Milliron, National Archives and Records Administration, U.S. Department of Defense only] (jkw) (Entered: 08/22/2024)
2024-08-2243NOTICE of status conference set for 10/23/2024 at 11:00 AM by video before Magistrate Judge Phillip J. Green; (jkw) (Entered: 08/22/2024)
2024-10-2344MINUTES held before Magistrate Judge Phillip J. Green of status conference; notice will issue regarding additional status conference via Zoom (Proceedings Digitally Recorded) (ald) (Entered: 10/23/2024)
2024-10-2345NOTICE of status conference set for 12/5/2024 at 10:00 AM at by video before Magistrate Judge Phillip J. Green (ald) (Entered: 10/23/2024)
2024-10-2346(RESTRICTED ACCESS) DOCUMENT Video Conference Information [Access to this document is available to the Court and attorney(s) for Ryan Milliron, National Archives and Records Administration, U.S. Department of Defense, Department of Homeland Security only] (ald) (Entered: 10/23/2024)
2024-12-0547MINUTES held before Magistrate Judge Phillip J. Green of Zoom status conference; ; Parties to file proposed stipulated order; notice of status conference to issue (Proceedings Digitally Recorded) (ald) (Entered: 12/05/2024)
2024-12-0548NOTICE of status conference set for 1/9/2025 at 10:00 AM at by video before Magistrate Judge Phillip J. Green (ald) (Entered: 12/05/2024)
2024-12-0549(RESTRICTED ACCESS) DOCUMENT Zoom Link [Access to this document is available to the Court and attorney(s) for Ryan Milliron, National Archives and Records Administration, U.S. Department of Defense, Department of Homeland Security only] (ald) (Entered: 12/05/2024)
2025-01-0250NOTICE rescheduling hearing that was previously set for January 9, 2025;status conference set for 1/15/2025 at 10:30 AM by video before Magistrate Judge Phillip J. Green; (jkw) (Entered: 01/02/2025)
2025-01-1351NOTICE OF VOLUNTARY DISMISSAL re Defendants National Archives and Records Administration and United States Department of Homeland Security filed by defendants National Archives and Records Administration, U.S. Department of Defense, Department of Homeland Security (Jerome, Simon) (Entered: 01/13/2025)
2025-01-1352ORDER Granting Proposed Stipulated Order re 51 ; signed by Judge Robert J. Jonker (elam) (Entered: 01/13/2025)
2025-01-1553MINUTES held before Magistrate Judge Phillip J. Green of status conference via Zoom; order to issue. (Proceedings Digitally Recorded) (ald) (Entered: 01/15/2025)
2025-01-1554ORDER setting this matter for cross-motions for summary judgment: Deadline for Government's Motion is 2/28/2025; Plaintiff's response and own deadline is 28 days after the filing of the Government's motion; signed by Magistrate Judge Phillip J. Green (jkw) (Entered: 01/15/2025)
2025-02-2855MOTION for summary judgment by defendant U.S. Department of Defense; (Attachments: # 1 Memorandum in Support of Motion for Summary Judgment, # 2 Exhibit 1 - Declaration of Joseph Whited, # 3 Exhibit 2 - Final Response, # 4 Exhibit 3 - Affidavit of Voreas Laboratories, # 5 Certificate of Compliance) (Jerome, Simon) (Entered: 02/28/2025)
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