Skip to content

Case Detail

[Subscribe to updates]
Case TitleWhite v. United States Department of Agriculture, Rural Development Division
DistrictEastern District of Oklahoma
CityMuskogee
Case Number6:2024cv00254
Date Filed2024-07-19
Date ClosedOpen
JudgeMagistrate Judge Gerald L. Jackson
PlaintiffBrandy White
Case DescriptionBrandy White submitted a FOIA request to the Department of Agriculture for records concerning rental assistance and utility payments made on behalf White to Silver Leaf from August 2023 to the present. The agency acknowledged receipt of the request but after hearing nothing further from the agency White filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantUnited States Department of Agriculture Rural Development
DefendantUnited States Department of Agriculture, Rural Development Division
Documents
Docket
Complaint
Opinion/Order [25]
Opinion/Order [34]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-07-191CIVIL COVER SHEET by Brandy White. (jld, Deputy Clerk) (Entered: 07/22/2024)
2024-07-192COMPLAINT against United States Department of Agriculture, Rural Development Division by Brandy White. (With attachments)(jld, Deputy Clerk) (Entered: 07/22/2024)
2024-07-193MINUTE ORDER by Court Clerk directing Plaintiff to pay the filing fee of $405 within 7 days or file a Motion for Informa Pauperis. Plaintiff's failure to comply with this directive will subject this action to immediate dismissal by the Court without prejudice to refiling. NOTE: The court cannot issue summons until the filing fee is paid. Civil Summons may be issued electronically. Prepare the summons using the court's PDF version and email it to CM-ECFIntake_OKED@oked.uscourts.gov. (Filing Fee due by 7/26/2024) (Re: 2 Complaint) (jld, Deputy Clerk) (Entered: 07/22/2024)
2024-07-194MINUTE ORDER by Court Clerk The parties are advised that this case has been assigned to a U.S. Magistrate Judge. In accordance with 28 U.S.C., Section 636(c), the Magistrate Judge will exercise complete jurisdiction over all matters in this case including trial should all parties consent to jurisdiction. Consent or election of a District Judge Option may be exercised by completing the Consent Form (Civil Case Originally Assigned to Magistrate Judge) on this Court's website at https://www.oked.uscourts.gov/forms/all-forms/civil in accordance with the procedure outlined therein. If a party does not wish to consent to such jurisdiction, they must complete the Reassignment section. Completed forms should be submitted in PDF format to Consents_OKED@oked.uscourts.gov within twenty-one days. (Miscellaneous Deadline set for 8/9/2024) (jld, Deputy Clerk) (Entered: 07/22/2024)
2024-07-195MINUTE ORDER by Court Clerk Applicable parties are directed to file Disclosure Statements per FRCvP 7.1 within seven (7) days of this order, if they have not already done so. The parties shall use the form entitled Disclosure Statement available on the Court's website (please do not refile if already filed on non-court form unless directed to do so). If you have already filed your Disclosure Statement in this case, you are reminded to file a Supplemental Disclosure Statement within a reasonable time of any change in the information that the statement requires. (jld, Deputy Clerk) (Entered: 07/22/2024)
2024-07-22FILING FEES Paid in Full on 7/22/2024 in the amount of $405, receipt number AOKEDC-1971668 (Re: 2 Complaint ) by Brandy White (Webster, Teressa) (Entered: 07/22/2024)
2024-07-226ATTORNEY APPEARANCE by Teressa L. Webster on behalf of Brandy White (Webster, Teressa) (Entered: 07/22/2024)
2024-07-237SUMMONS Issued by Court Clerk as to United States Department of Agriculture, Rural Development Division. (jld, Deputy Clerk) (Entered: 07/23/2024)
2024-08-098MOTION for Summary Judgment by United States Department of Agriculture Rural Development (With attachments) [NOTE: Attorney Randall J. Lewin added to party United States Department of Agriculture Rural Development(pty:dft)]. Responses due by 8/23/2024(Lewin, Randall) Modified on 12/20/2024 to convert to Motion for Summary Judgment. See Order Dkt. #18. (pmb, Deputy Clerk). (Entered: 08/09/2024)
2024-08-229ORDER SETTING SCHEDULING CONFERENCE AND REQUIRING JOINT STATUS REPORT by Magistrate Judge Gerald L. Jackson setting Telephonic Scheduling Conference for 9/19/2024 at 11:15 AM before Magistrate Judge Gerald L. Jackson. Counsel should inform Paige Bruce at Paige_Bruce@oked.uscourts.gov of a telephone number where they may be reached should it be different from the number of record in the case. Parties are directed to file a Joint Status Report by 9/13/2024. (Attachments: # 1 Proposed Scheduling Order, # 2 Consent/Reassignment Form) (daw, Chambers) (Entered: 08/22/2024)
2024-08-2310RESPONSE in Opposition to Motion (Re: 8 MOTION to Dismiss Case for Failure to State a Claim ) by Brandy White ; (With attachments)(Webster, Teressa) (Entered: 08/23/2024)
2024-09-0311REPLY to Response to Motion (Re: 8 MOTION to Dismiss Case for Failure to State a Claim ) by United States Department of Agriculture Rural Development ; (With attachments)(Lewin, Randall) (Entered: 09/03/2024)
2024-09-1212JOINT STATUS REPORT by Brandy White (Webster, Teressa) (Entered: 09/12/2024)
2024-09-1213MINUTE ORDER by Magistrate Judge Gerald L. Jackson: The parties have expressly indicated in the Joint Status Report signed by an authorized representative of each party in this case that they wish to consent to the jurisdiction of the United States Magistrate Judge assigned to this case. As a result, this case is deemed CONSENTED TO THE MAGISTRATE JUDGE without the necessity for the filing or submission of any other documentation. The United States Magistrate Judge will exercise complete jurisdiction over this case through and including trial and the entry of a final judgment in accordance with 28 U.S.C. § 636(c)(1) and Fed. R. Civ. P. 73(a). (tjm, Deputy Clerk) (Entered: 09/12/2024)
2024-09-1214SCHEDULING ORDER by Magistrate Judge Gerald L. Jackson setting Scheduling Order dates: Amended Pleadings due by 10/3/2024; Joinder of Parties due by 10/3/2024; Exhibit List due by 12/10/2024; Witness List due by 12/10/2024; Discovery due by 1/17/2025; Dispositive Motions due by 1/29/2025; Proposed Pretrial Order due by 6/5/2025; Jury Instructions, Voir Dire & Trial Briefs due by 7/9/2025. Pretrial Conference set for 7/10/2025 at 11:30 AM in Chambers, Room 327, US Courthouse, 5th & Okmulgee, Muskogee, OK before Magistrate Judge Gerald L. Jackson. Non Jury Trial set for 7/22/2025 at 9:00 AM in Courtroom 3, Room 432, US Courthouse, 5th & Okmulgee, Muskogee, OK before Magistrate Judge Gerald L. Jackson. The Telephonic Scheduling Conference set for September 19, 2024 at 11:15 AM is hereby STRICKEN. (daw, Chambers) (Entered: 09/12/2024)
2024-09-2315SETTLEMENT CONFERENCE ORDER by Magistrate Judge Gerald L. Jackson setting Settlement Conference for 5/6/2025 at 9:30 AM in Chambers, Room 430, US Courthouse, 5th & Okmulgee, Muskogee, OK before Magistrate Judge Jason A. Robertson. Settlement Conference Statements must be submitted by 4/22/2025. (jpc, Deputy Clerk) (Entered: 09/23/2024)
2024-11-2616Unopposed MOTION to Stay Deadlines and MOTION for Discovery by United States Department of Agriculture Rural Development Responses due by 12/10/2024 (Lewin, Randall). Added MOTION for Discovery on 12/2/2024 (dma, Deputy Clerk). (Entered: 11/26/2024)
2024-12-0217MINUTE ORDER by Magistrate Judge Gerald L. Jackson granting 16 United States Department of Agriculture's Unopposed Motion to Stay Deadlines and Discovery. This case is hereby STAYED pending the Court's ruling on 8 United States Department of Agriculture's Motion to Dismiss. All deadlines are hereby stricken to be reset as necessary. (pmb, Deputy Clerk) (Entered: 12/02/2024)
2024-12-2018ORDER by Magistrate Judge Gerald L. Jackson: The United States Department of Agriculture's 8 Motion to Dismiss is hereby CONVERTED to a motion for summary judgment. Defendant shall file any and all amendments to its motion, including any additional evidence, authorities, and statements of fact no later than January 10, 2025. Plaintiff shall file any and all amendments to her response, including any additional evidence, authorities, and statements of fact no later than January 24, 2025. Defendant may submit an amended reply to Plaintiff's amended response is due within seven days from the date Plaintiff's amended response is filed. (pmb, Deputy Clerk) (Entered: 12/20/2024)
2025-01-0819AMENDMENT to Motion for Summary Judgment (Re: 8 MOTION for Summary Judgment, 11 Reply to Response to Motion) by United States Department of Agriculture Rural Development (Lewin, Randall) Modified on 1/8/2025 to term motion and edit text (dma, Deputy Clerk). (Entered: 01/08/2025)
2025-01-2220Amended RESPONSE in Opposition to Motion (Re: 8 MOTION for Summary Judgment) by Brandy White (Webster, Teressa) (Entered: 01/22/2025)
2025-01-2921SUPPLEMENT (Re: 8 MOTION for Summary Judgment, 19 AMENDMENT to Motion for Summary Judgment) by United States Department of Agriculture Rural Development (With attachments) (Lewin, Randall) Modified on 1/30/2025 to edit text and add links (dma, Deputy Clerk). (Entered: 01/29/2025)
2025-02-2122ATTORNEY APPEARANCE by Joshua Michael Mitts on behalf of United States Department of Agriculture Rural Development (Mitts, Joshua) (Entered: 02/21/2025)
2025-02-2423MOTION to Withdraw Attorney(s) by United States Department of Agriculture Rural Development Responses due by 3/10/2025(Lewin, Randall) (Entered: 02/24/2025)
2025-02-2424MINUTE ORDER by Magistrate Judge Gerald L. Jackson granting 23 Motion to Withdraw. Accordingly, Attorney Randall J. Lewin is deemed withdrawn as counsel of record for Defendant United States Department of Agriculture Rural Development. (pmb, Deputy Clerk) (Entered: 02/24/2025)
2025-03-1425OPINION AND ORDER by Magistrate Judge Gerald L. Jackson: The 8 United States Department of Agriculture's Motion for Summary Judgment is hereby DENIED without prejudice. IT IS FURTHER ORDERED that any additional dispositive motions must be submitted by or before Monday, April 14, 2025. (pmb, Deputy Clerk) (Entered: 03/14/2025)
2025-04-1426MOTION for Summary Judgment by United States Department of Agriculture Rural Development (With attachments) Responses due by 4/28/2025(Mitts, Joshua) (Entered: 04/14/2025)
2025-04-1427MOTION for Summary Judgment by Brandy White Responses due by 4/28/2025(Webster, Teressa) (Entered: 04/14/2025)
2025-04-2828RESPONSE in Opposition to Motion (Re: 27 MOTION for Summary Judgment) by United States Department of Agriculture Rural Development (Mitts, Joshua) (Entered: 04/28/2025)
2025-04-2829RESPONSE in Opposition to Motion (Re: 26 MOTION for Summary Judgment) by Brandy White (Webster, Teressa) (Entered: 04/28/2025)
2025-05-0530MINUTE ORDER by Magistrate Judge Jason A. Robertson RESETTING the Settlement Conference for 7/29/2025 at 09:30 AM in Chambers, Room 430, U.S. Courthouse, 5th & Okmulgee, Muskogee, OK before Magistrate Judge Robertson. The requirements set forth in the Settlement Conference Order (Docket Entry 15 ) remain in full force and effect. Settlement conference statements must be submitted by 7/15/2025. (hkf, Chambers) (Entered: 05/05/2025)
2025-05-1231REPLY to Response to Motion (Re: 26 MOTION for Summary Judgment) by United States Department of Agriculture Rural Development (Mitts, Joshua) (Entered: 05/12/2025)
2025-05-1232REPLY to Response to Motion (Re: 26 MOTION for Summary Judgment) by Brandy White (With attachments) (Webster, Teressa) (Entered: 05/12/2025)
2025-07-1833Opposed MOTION to Proceed with Limited Settlement Authority by United States Department of Agriculture Rural Development Responses due by 8/1/2025 (Mitts, Joshua) (Entered: 07/18/2025)
2025-07-2434OPINION AND ORDER by Magistrate Judge Gerald L. Jackson DENYING 26 United States Department of Agriculture's Motion for Summary Judgment and 27 Plaintiff's Motion for Summary Judgment. (pmb, Deputy Clerk) (Entered: 07/24/2025)
2025-07-2435MINUTE ORDER by Magistrate Judge Jason A. Robertson granting (Docket Entry 33 ) Defendant's Opposed Motion to Proceed with Limited Settlement Authority at the Settlement Conference scheduled for July 29, 2025. (hkf, Chambers) (Entered: 07/24/2025)
2025-07-2936MINUTES of Proceedings - Settlement Conference held on 7/29/2025 before Magistrate Judge Jason A. Robertson. Plaintiff Brandy White was present with counsel Teressa Webster and legal assistant Pat Wilcox. Defendant United States Department of Agriculture Rural Development was present through counsel Joshua Mitts. Conference concluded WITHOUT settlement. (hkf, Chambers) (Entered: 07/29/2025)
2025-07-2937MINUTE ORDER by Magistrate Judge Gerald L. Jackson setting Pretrial Conference for 8/13/2025 at 10:30 AM in Chambers, Room 327, US Courthouse, 5th & Okmulgee, Muskogee, OK before Magistrate Judge Gerald L. Jackson. The stay entered on 12/02/2024 is hereby lifted. (daw, Chambers) (Entered: 07/29/2025)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar