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Case TitleColeman v. Drug Enforcement Administration et al
DistrictEastern District of Virginia
CityAlexandria
Case Number1:2014cv00299
Date Filed2014-03-21
Date Closed2016-01-13
JudgeDistrict Judge Gerald Bruce Lee
PlaintiffJohn J. Coleman
Case DescriptionJohn Coleman submitted a FOIA request to the Drug Enforcement Administration for records concerning Cardinal Health, Inc., a wholesale drug distributor subject to DEA regulation. Coleman also requested a fee waiver. DEA acknowledged receipt of the request and informed Coleman that he was considered a commercial requester for fee assessment purposes. Coleman submitted an administrative appeal to the Office of Information Policy challenging both the delay in responding and the agency's decision to place him in the commercial requester category. OIP remanded the case to DEA, which placed Coleman in the all others fee category and told him it would begin to process his request. However, after hearing nothing further, Coleman filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDrug Enforcement Administration
DefendantOffice of Information Policy
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-03-211COMPLAINT against Drug Enforcement Administration, Office of Information Policy ( Filing fee $ 400, receipt number 14683042569.), filed by John J. Coleman. (Attachments: # 1 Receipt)(nhall) (Entered: 03/25/2014)
2014-03-212Summons Issued and given to pro se plt for service by Certified Mail as to Drug Enforcement Administration, Office of Information Policy. (nhall) (Entered: 03/25/2014)
2014-04-093SUMMONS Returned Executed by certified mail as to the US Atty served on 3/24/2014, answer due 5/23/2014. (Attachments: # 1 Proof Of Service, # 2 Letter)(nhall) (Entered: 04/14/2014)
2014-04-094SUMMONS Returned Executed by certified mail as to the US Atty General. (Attachments: # 1 Proof Of Service, # 2 Letter)(nhall) (Entered: 04/14/2014)
2014-04-095SUMMONS Returned Executed by certified mail as to the Drug Enforcement Administration. (Attachments: # 1 Proof Of Service, # 2 Letter)(nhall) (Entered: 04/14/2014)
2014-04-096SUMMONS Returned Executed by certified mail as to the Office of Information Policy. (Attachments: # 1 Proof Of Service, # 2 Letter)(nhall) (Entered: 04/14/2014)
2014-04-217NOTICE of Appearance by David Moskowitz on behalf of Drug Enforcement Administration, Office of Information Policy (Moskowitz, David) (Entered: 04/21/2014)
2014-04-218ANSWER to 1 Complaint by Drug Enforcement Administration, Office of Information Policy.(Moskowitz, David) (Entered: 04/21/2014)
2014-04-249SCHEDULING ORDER:Initial Pretrial Conference set for 5/14/2014 at 11:00 AM in Alexandria Courtroom 400 before Magistrate Judge Ivan D. Davis. Final Pretrial Conference set for 9/18/2014 at 10:00 AM in Alexandria Courtroom 601 before District Judge Gerald Bruce Lee. Discovery due by 9/12/2014. Signed by District Judge Gerald Bruce Lee on 4/24/14. (Attachments: # 1 Mag. Consent, # 2 Pretrial Notice)(nhall) (Entered: 04/25/2014)
2014-05-0710Discovery Plan by John J. Coleman, Drug Enforcement Administration, Office of Information Policy.(Moskowitz, David) (Entered: 05/07/2014)
2014-05-14Initial Pretrial Conference Terminated. (jwil, ) (Entered: 05/14/2014)
2014-05-1611Order Rule 16(b) Scheduling Order - Because the parties' Joint Discovery Plan [Dkt. No. 10] adequately addresses the matters that would be discussed during the initial pretrial conference and counsel request waiving their appearances at the initial pretrial conference, the initial pretrial conference scheduled for May 14, 2014. pursuant to Rule 16(b) and this Court's April 24, 2014 Order, is cancelled. Upon consideration of the representations made by the parties in their Joint Discovery Plan, the court makes the following rulings: All discovery shall be concluded by September 12. 2014 Signed by Magistrate Judge Ivan D. Davis on 5/16/14. (see order for further details).(gwalk, ) (Entered: 05/19/2014)
2014-09-1612Joint MOTION Cancel/Postpone Final Pretrial Conference by John J. Coleman and by Drug Enforcement Administration, Office of Information Policy. (Attachments: # 1 Proposed Order)(Moskowitz, David) (Entered: 09/16/2014)
2014-09-1613ORDER denying 12 Joint MOTION Cancel/Postpone Final Pretrial Conference. Signed by District Judge Gerald Bruce Lee on 9/16/2014. (rban, ) (Entered: 09/16/2014)
2014-09-1814Minute Entry for proceedings held before District Judge Gerald Bruce Lee:Final Pretrial Conference/Status Conf. held on 9/18/2014. Appearances: Pltff pro se; David Moskowitz for the gov't. Status of case - heard. Per the gov't, not a trial case, but a FOIA case. Gov't req. 90 days to produce. Court will order production by 11/3/14 and that the gov't give Pltff what it already has. Court set a hearing for 11/7/14. Order to follow. (Court Reporter None.)(tbul, ) (Entered: 09/18/2014)
2014-09-18Set/Reset Hearings: Show Cause Hearing set for 11/7/2014 10:00 AM in Alexandria Courtroom 601 before District Judge Gerald Bruce Lee. (tbul, ) (Entered: 09/18/2014)
2014-09-1915ORDER following a final pretrial conference, that the DEA produce all responsive documents to Pltff Coleman's discovery requests forthwith; that parties file a report on the status of the document production on Monday, 11/3/14; that Plff and the attorneys within the Freedom of Information Act Unit responsible for the FOIA request personally appear in Court for a status conference on Friday, 11/7/14 at 10:00 a.m.. /s/ by District Judge Gerald Bruce Lee on 9/19/14. (tbul, ) (Entered: 09/19/2014)
2014-11-0416NOTICE by Drug Enforcement Administration and John Coleman (Joint Status Report) (Moskowitz, David) (Entered: 11/04/2014)
2014-11-0617ORDER that the 11/7/14 Show Cause Hrg. is CANCELED, and the parties shall provide the Court with a further filing on or before 12/3/14 in which they will either jointly dismiss the action or provide a proposed schedule for resolving any remaining issues. /s/ by District Judge Gerald Bruce Lee on 11/6/14. (tbul, ) (Entered: 11/06/2014)
2014-12-0318NOTICE by Drug Enforcement Administration and by John Coleman (Joint Status Report) (Moskowitz, David) (Entered: 12/03/2014)
2014-12-0919ORDER, it is hereby ORDERED that the parties shall provide the Court with a further filing on or before January 15, 2015, in which they will either jointly dismiss the action or provide a proposed schedule for resolving any remaining issues. IT IS SO ORDERED. (See Order For Details). Signed by District Judge Gerald Bruce Lee on 12/9/14. (Copy Mailed 12/9/14)(nhall) (Entered: 12/09/2014)
2015-01-1520NOTICE by Drug Enforcement Administration and John J. Coleman (Joint Status Report) (Moskowitz, David) (Entered: 01/15/2015)
2015-01-2321STIPULATION of Dismissal by John Coleman and by Drug Enforcement Administration. (Moskowitz, David) (Entered: 01/23/2015)
2016-01-1322So Ordered : STIPULATION OF DISMISSAL The parties to the above-captioned action having reached a settlement of this matter, it is hereby stipulated and agreed that the action be dismissed with prejudice. The parties havefurther resolved all claims for costs, expenses, and attorney fees. No such motion or request shall be filed by either party. Signed by District Judge Gerald Bruce Lee on 1/13/16. (yguy) (Entered: 01/13/2016)
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