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Case TitleTostige v. United States Postal Service
DistrictMiddle District of Florida
CityTampa
Case Number8:2012cv02103
Date Filed2012-09-18
Date Closed2014-03-24
JudgeJudge Steven D. Merryday
PlaintiffKirk Tostige
DefendantUnited States Postal Service
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Opinion/Order [41]
FOIA Project Annotation: The court ruled that the Postal Service had properly withheld a number of emails from Kirk Tostige under Exemption 5 (deliberative process privilege). Tostige argued the agency's Vaughn index was inadequate but the court found the index was sufficient to explain why the emails qualified under Exemption 5.
Issues: Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Litigation - Vaughn index
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2012-09-181COMPLAINT against United States Postal Service (Filing fee $350 receipt number TPA13351) filed by Kirk Tostige. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Civil Cover Sheet) (DMS) (Entered: 09/19/2012)
2012-09-182Summons Issued as to United States Postal Service, U.S. Attorney, and U.S. Attorney General. (DMS) (Entered: 09/19/2012)
2012-10-013SUMMONS Returned Executed by Kirk Tostige. United States Postal Service served on 9/20/2012, answer due 11/19/2012. (DMS) (Entered: 10/01/2012)
2012-10-014PROOF of service as to U.S. Attorney General by Kirk Tostige. (DMS) (Entered: 10/01/2012)
2012-10-015PROOF of service as to U.S. Postmaster General by Kirk Tostige. (DMS) (Entered: 10/01/2012)
2012-10-026VACATED PER 10 ORDER - NOTICE of designation under Local Rule 3.05 - track 2 (TKD) (TKD). Modified text on 1/22/2013 (EJC). (Entered: 10/02/2012)
2012-10-167Defendant's ANSWER and affirmative defenses to 1 Complaint by United States Postal Service.(Stegeby, Erik) (Entered: 10/16/2012)
2012-12-288ORDER directing the plaintiff TO SHOW CAUSE by 1/18/2013 why the action should not be dismissed. Signed by Judge Steven D. Merryday on 12/28/2012. (BK) (Entered: 12/28/2012)
2013-01-149Joint MOTION for miscellaneous relief, specifically to Redesignate Action as a Track One Case, or, in the Alternative, to Extend the Deadline for filing Case Management Report by United States Postal Service. (Stegeby, Erik) (Entered: 01/14/2013)
2013-01-1810ORDER granting 9 --motion to re-designate the action as a Track One case; vacating 6 --notice of designation. Signed by Judge Steven D. Merryday on 1/18/2013. (BK) (Entered: 01/18/2013)
2013-02-1411MOTION for miscellaneous relief, specifically Vaughn Index from Defendant United States Postal Service, by Kirk Tostige. (DMS) (Entered: 02/14/2013)
2013-03-0812ORDER denying 11 --motion re index. Signed by Judge Steven D. Merryday on 3/8/2013. (BK) (Entered: 03/08/2013)
2013-04-1613AMENDED NOTICE of designation under Local Rule 3.05 - Track 1 (TKD) (Entered: 04/16/2013)
2013-05-2214MOTION for miscellaneous relief, specifically Vaughn Index, by Kirk Tostige. (DMS) (Entered: 05/23/2013)
2013-05-2215CERTIFICATE of service by Kirk Tostige re 13 Notice of designation of track. (DMS) (Entered: 05/23/2013)
2013-06-2516ORDER denying 14 --motion to produce Vaughn index. Signed by Judge Steven D. Merryday on 6/25/2013. (BK) (Entered: 06/25/2013)
2013-08-1217MOTION for default judgment against United States Postal Service by Kirk Tostige. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (DMS) (Entered: 08/12/2013)
2013-08-1218CERTIFICATE of service by Kirk Tostige re 17 MOTION for default judgment against United States Postal Service. (DMS) (Entered: 08/12/2013)
2013-08-2119Unopposed MOTION for Extension of Time to File out of time Defendant's Motion for Summary Judgment by United States Postal Service. (Stegeby, Erik) (Entered: 08/21/2013)
2013-08-2220ORDER denying 17 --motion for default judgment; granting 19 --motion for an extension of time; dispositive motions deadline extended to 8/30/2013 ; response deadline extended to 9/16/2013 . Signed by Judge Steven D. Merryday on 8/22/2013. (BK) (Entered: 08/22/2013)
2013-08-3021MOTION for summary judgment by United States Postal Service. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Stegeby, Erik) (Entered: 08/30/2013)
2013-09-1322RESPONSE in Opposition re 21 MOTION for summary judgment filed by Kirk Tostige. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5) (DMS) (Entered: 09/16/2013)
2013-11-1223MOTION for miscellaneous relief, specifically for Defendant to produce a complete and accurate Vaughn Index, by Kirk Tostige. (Attachments: # 1 Exhibit A (part 1 of 2), # 2 Exhibit A (part 2 of 2), # 3 Exhibit B) (DMS) (Entered: 11/13/2013)
2013-11-1424ORDER referring to Magistrate Judge Thomas G. Wilson for disposition: 23 --motion for an order directing the defendant to produce a complete and accurate Vaughn Index. Signed by Judge Steven D. Merryday on 11/14/2013. (BK) (Entered: 11/14/2013)
2013-11-1525RESPONSE to Motion re 23 MOTION for miscellaneous relief, specifically for Defendant to produce a complete and accurate Vaughn Index filed by United States Postal Service. (Attachments: # 1 Exhibit A FOIA Request dtd Feb 29, 2012)(Stegeby, Erik) (Entered: 11/15/2013)
2013-11-2226ORDER - Kirk Tostige to respond to 23 MOTION for miscellaneous relief, specifically for Defendant to produce a complete and accurate Vaughn Index by 12/13/2013 Signed by Magistrate Judge Thomas G. Wilson on 11/22/2013. (CAW) (Entered: 11/22/2013)
2013-12-0527MOTION for Extension of Time to File Reply as to 23 MOTION for miscellaneous relief by Kirk Tostige. (DMS) Motions referred to Magistrate Judge Thomas G. Wilson. (Entered: 12/05/2013)
2013-12-0528ORDER granting 27 Motion for Extension of Time until December 23, 2013, to File Reply. Signed by Magistrate Judge Thomas G. Wilson on 12/5/2013. (Wilson, Thomas) (Entered: 12/05/2013)
2013-12-0929MOTION for Hearing re 26 Order directing response to motion by Kirk Tostige. (DMS) (Entered: 12/10/2013)
2013-12-1730ORDER denying 29 Motion for Hearing; denying 23 Motion to Produce. Signed by Magistrate Judge Thomas G. Wilson on 12/16/2013. (CAW) (Entered: 12/17/2013)
2013-12-1831Fourth MOTION for miscellaneous relief, specifically for Defendant to produce a complete and accurate vaughn index. by Kirk Tostige. (Attachments: # 1 Exhibit A1, # 2 Exhibit A2, # 3 Exhibit B, # 4 Exhibit Vaughn Index, # 5 Exhibit Hubbard Class Settlement)(DMS) (Entered: 12/19/2013)
2013-12-2032Construed MOTION for Reconsideration re 30 Order on Motion for Hearing, Order on Motion for Miscellaneous Relief by Kirk Tostige. (Attachments: # 1 Exhibit A) (DMS) (Entered: 12/20/2013)
2013-12-2333ORDER referring to Magistrate Judge Thomas G. Wilson for disposition: 31 --motion for defendant to produce. Signed by Judge Steven D. Merryday on 12/23/2013. (BK) (Entered: 12/23/2013)
2013-12-2734RESPONSE to Motion re 29 MOTION for Hearing re 26 Order directing response to motion filed by United States Postal Service. (Stegeby, Erik) (Entered: 12/27/2013)
2014-01-1635ORDER denying 31 Motion ; denying 32 Motion for Reconsideration. See order for details. Signed by Magistrate Judge Thomas G. Wilson on 1/15/2014. (CD) (Entered: 01/16/2014)
2014-02-0736MOTION for Recusal by Kirk Tostige. (DMS) (Entered: 02/07/2014)
2014-02-0737RESPONSE in Opposition re 36 MOTION for Recusal filed by United States Postal Service. (Stegeby, Erik) (Entered: 02/07/2014)
2014-02-1038ORDER denying 36 motion for recusal. Adverse rulings do not justify recusal.. Signed by Magistrate Judge Thomas G. Wilson on 2/10/2014. (Wilson, Thomas) (Entered: 02/10/2014)
2014-02-1239REPLY to Response to Motion re 36 MOTION for Recusal filed by Kirk Tostige. (DMS) (Entered: 02/12/2014)
2014-03-1940MOTION for Hearing by Kirk Tostige (unsigned). (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (DMS) (Entered: 03/19/2014)
2014-03-2141ORDER granting 21 --motion for summary judgment; directing the Clerk to ENTER JUDGMENT for the defendant and against the plaintiff, to TERMINATE any pending motion, and to CLOSE the case. Signed by Judge Steven D. Merryday on 3/21/2014. (BK) (Entered: 03/21/2014)
2014-03-2442JUDGMENT in favor of United States Postal Service against Kirk Tostige. Signed by Deputy Clerk on 3/24/2014. (DMS) (Entered: 03/24/2014)
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by FOIA Project Staff
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