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Case TitleDoe 1 v. US Bureau of Alcohol, Tobacco and Firearms
DistrictDistrict of New Hampshire
CityConcord
Case Number1:2014cv00126
Date Filed2014-03-26
Date Closed2014-04-25
JudgeJudge Joseph A. DiClerico, Jr
PlaintiffJohn Doe 1
Case DescriptionJohn Doe, a police officer in New Hampshire, and several other police officers were shot and injured as a result of actions taken by agents of the Bureau of Alcohol, Tobacco and Firearms. They filed suit in state court. They submitted a FOIA request to BATF for records concerning the shooting incident. The agency acknowledged receipt of the request, but after hearing nothing further, Doe filed an administrative appeal. At that time, the agency indicated that the records were subject to Exemption 7(A) (interference with ongoing investigation or proceeding), but the agency would conduct a further search. After hearing nothing more, Doe filed suit.
Complaint issues: Failure to respond within statutory time limit, Exemption 7(A) - Interference with ongoing investigation, Search - Reasonableness of search

DefendantUS Bureau of Alcohol, Tobacco & Firearms
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
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
Complaint attachment 16
Complaint attachment 17
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-03-261NEW CASE/ COMPLAINT. Filing fee $ 400, receipt number 0102-1092318 filed by John Doe 1. (Attachments: # 1 Exhibit Court Order 10-19-12, # 2 Exhibit Court Order 11-26-12, # 3 Exhibit Court Order 5-23-13, # 4 Exhibit Court Order 10-3-13, # 5 Exhibit Court Order 1-3-14, # 6 Exhibit Court Order 3-7-14, # 7 Exhibit Ltr to ATF 12-18-12, # 8 Exhibit Ltr from ATF 1-23-13, # 9 Exhibit Ltr from ATF 4-11-13, # 10 Exhibit Ltr to DOJ 4-25-13, # 11 Exhibit Ltr from DOJ 5-3-13, # 12 Exhibit Ltr from DOJ 12-2-13, # 13 Exhibit Ltr from DOJ 12-17-13, # 14 Exhibit Ltr to ATF 12-6-13)(Grant, Christopher) (Additional attachment(s) added on 3/27/2014: # 15 Text Searchable Complaint, # 16 Summons - Waiver, # 17 Civil Cover Sheet) (lml). (Entered: 03/26/2014)
2014-03-27Case assigned to Judge Joseph A. DiClerico, Jr. The case designation is: 1:14-cv-126-JD. Please show this number with the judge designation on all future pleadings. (lml) (Entered: 03/27/2014)
2014-03-27NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click HERE .(lml) (Entered: 03/27/2014)
2014-03-272Summons issued electronically as to US Bureau of Alcohol, Tobacco & Firearms. NOTICE: Counsel shall print and serve the summons and all attachments in accordance with Fed. R. Civ. P. 4. (Attachments: # 1 Notice ECF)(lml) (Entered: 03/27/2014)
2014-03-273MOTION for Preliminary Injunction filed by John Doe 1. HEARING REQUESTED. Follow up on Objection on 4/14/2014. (Attachments: # 1 Memorandum of Law Memo in Support, # 2 Proposed Order Proposed Order, # 3 Exhibit (Affidavit) Affidavit of MHD, # 4 Exhibit Exh. A FOIA Request, # 5 Exhibit Exh. B OIP Ltr of 12-2-13, # 6 Exhibit Exh. C Court Order on MTD 10-19-12, # 7 Exhibit Exh. D Court Order 3-7-14)(Grant, Christopher) (Entered: 03/27/2014)
2014-04-014ORDER re: 3 Motion for Ex Parte TRO or a Preliminary Injunction. Motion shall proceed as a Motion for Preliminary Injunction. Hearing scheduled for 4/8/14 at 11 AM. Plaintiff to complete service on defendant and provide notice of hearing by 4/4/14. Defendant to show cause why it should not be required to turn over requested records to plaintiff immediately. If records are produced prior to hearing, parties to inform the court and the hearing will be canceled. So Ordered by Judge Joseph A. DiClerico, Jr.(dae) (Entered: 04/01/2014)
2014-04-025NOTICE of Hearing on Motion for Preliminary Injunction by John Doe 1. (Attachments: # 1 Exhibit Order of Hearing and Show Cause, # 2 Exhibit Docket Entry and Email Notice)(Grant, Christopher) (Entered: 04/02/2014)
2014-04-076ORDER: Plaintiff's Attorney has advised Clerk's Office that the documents have been produced and hearing for 4/8/14 is no longer necessary. Motion for Preliminary Injunction 3 is terminated. So Ordered by Judge Joseph A. DiClerico, Jr.(dae) (Entered: 04/07/2014)
2014-04-257STIPULATION of Dismissal by John Doe 1(Grant, Christopher) (Entered: 04/25/2014)
2014-04-25Civil Case Terminated. (dae) (Entered: 04/25/2014)
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by FOIA Project Staff
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