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Case TitleCornelius v. McHugh
DistrictDistrict of South Carolina
CityColumbia
Case Number3:2014cv00234
Date Filed2014-01-27
Date Closed2015-07-13
JudgeHonorable Mary G Lewis
PlaintiffMichael Cornelius
Case DescriptionMichael Cornelius submitted a FOIA request to the Department of the Army for his personnel filed. After the agency failed to respond, Cornelius filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantJohn M McHugh Secretary of the Army
Documents
Docket
Complaint
Opinion/Order [51]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-01-271COMPLAINT against John M McHugh ( Filing fee $ 400 receipt number SCX300053793.), filed by Michael Cornelius. (jpet, ) (Entered: 01/30/2014)
2014-01-272Local Rule 26.01 Answers to Interrogatories by Michael Cornelius.(jpet, ) (Entered: 01/30/2014)
2014-03-039ORDER authorizing service of process by clerk and directing plaintiff to notify the clerk in writing of any change of address Signed by Magistrate Judge Paige J Gossett on 2/28/2014. (jpet, ) (Entered: 03/03/2014)
2014-03-0310Summons Issued as to John M McHugh. U.S. Attorney and U.S. Attorney General. Service due by 7/7/2014 (jpet, ) (Entered: 03/03/2014)
2014-03-0311***DOCUMENT MAILED 9 Order Service - Non-Inmate, 1 Complaint, 10 Summons Issued as to USA placed in U.S. Mail to Michael Cornelius (jpet, ) (Entered: 03/03/2014)
2014-03-2012SUMMONS Returned Executed by Michael Cornelius. John M McHugh served on 3/10/2014, answer due 5/12/2014. (Attachments: # 1 Certified mailing receipts)(jpet, ) (Entered: 03/20/2014)
2014-05-0513MOTION for Extension of Time to File Answer re 1 Complaint by John M McHugh. Response to Motion due by 5/22/2014. No proposed order.Motions referred to Paige J Gossett.(Bailey, Terri) (Entered: 05/05/2014)
2014-05-0614DOCKET TEXT ORDER granting 13 Motion for Extension of Time to Answer. John M McHugh answer due 6/9/2014. Entered at the direction of Magistrate Judge Paige J Gossett on 5/6/2014.(jpet, ) (Entered: 05/06/2014)
2014-05-0615***DOCUMENT MAILED 14 Order on Motion for Extension of Time to Answer placed in U.S. Mail to Michael Cornelius (jpet, ) (Entered: 05/06/2014)
2014-06-0916ANSWER to 1 Complaint by John M McHugh.(Bailey, Terri) (Entered: 06/09/2014)
2014-06-0917Local Rule 26.01 Answers to Interrogatories by John M McHugh.(Bailey, Terri) (Entered: 06/09/2014)
2014-06-1118SCHEDULING ORDER Motions to Amend Pleadings due by 7/9/2014, Plaintiffs ID of Expert Witness due by 8/8/2014, Defendants ID of Expert Witnesses Due by 9/8/2014, Discovery due by 10/7/2014, Motions due by 11/6/2014. Signed by Magistrate Judge Paige J Gossett on 6/11/2014. (abuc) (Entered: 06/11/2014)
2014-06-1119***DOCUMENT MAILED 18 Scheduling Order, placed in U.S. Mail to Michael Cornelius. (abuc) (Entered: 06/11/2014)
2014-06-1220REPLY by Michael Cornelius to 16 Answer to Complaint. (jpet, ) (Entered: 06/12/2014)
2014-11-0625MOTION for Summary Judgment by John M McHugh. Response to Motion due by 11/24/2014. (Attachments: # 1 Memo in Support, # 2 Exhibit A, Deposition Excerpts of Michael Cornelius, # 3 Exhibit B, Criminal History Background Checks on Individuals in Child Care Services, dated January 19, 1993, # 4 Exhibit C, Army Regulation 608-10, Child Development Services, dated July 15, 1997, # 5 Exhibit D, memorandum dated September 17, 2001 fromrmys Community and Family Support Center, # 6 Exhibit E, Army Regulation 215-3, Nonappropriated Funds Personnel Policy, dated August 29, 2003, # 7 Exhibit F, Army NAF Standardized Position Description for Maintenance Worker, # 8 Exhibit G, DA Form 4254 dated January 17, 2013, # 9 Exhibit H, DA Form 3434, Oct 12, # 10 Exhibit I, Certification of Investigation printed 09/10/2009, # 11 Exhibit J, Memorandum dated December 19, 2012 re: Criminal Background Checks, # 12 Exhibit K, Memorandum dated December 20, 2012 re: Criminal Background Checks, # 13 Exhibit L, DA Form 2870 (Authorization for Disclosure of Medical or Dental Information) dated January 16, 2013, # 14 Exhibit M, Memorandum dated January 29, 2013 re: Criminal Background Checks, # 15 Exhibit N, February Memo dated February 4, 2013, # 16 Exhibit O, Plaintiff responded to February Memo by email, # 17 Exhibit P, Letter dated February 12, 2013 from Plaintiff to Samuel Good, Jr., EEO, # 18 Exhibit Q, Letter dated March 13, 2013, # 19 Exhibit R, Child, Youth and School Services (CYSS) Non-Appropriated Funds Background Clearance Form dated March 19, 2013, # 20 Exhibit S, Memorandum dated March 26, 2013 re: Police Records Check, # 21 Exhibit T, Negotiated Settlement Agreement in the Matter, # 22 Exhibit U, May Memorandum dated May 6, 2013, # 23 Exhibit V, Written response from Plaintiff to May Memorandum dated May 16, 2013, # 24 Exhibit W, Army Regulation 340-21, The Army Privacy Program, # 25 Exhibit X, Army Regulation 25-55, Freedom of Information Act, # 26 Enclosure 1, Declaration of Myrna Wells, # 27 Enclosure 2, Declaration of Ms. Emily N. Murphy, # 28 Enclosure 3, Declaration of Ms. Sandra M. Madera, # 29 Enclosure 4, Declaration of Ms. Juanita Jackson, # 30 Enclosure 5, Declaration of Ms. Rose Edmond, # 31 Enclosure 6, Declaration of Ms. Jana K. Chisolm, # 32 Enclosure 7, Declaration of Ms. Bertha L. White)No proposed order.Motions referred to Paige J Gossett.(Bailey, Terri) (Entered: 11/06/2014)
2014-11-0726ROSEBORO ORDER directing clerk to forward summary judgment explanation to the opposing party and directing that party to respond in 34 days. Response due to 25 MOTION for Summary Judgment . Response to Motion due by 12/11/2014. Signed by Magistrate Judge Paige J Gossett on 11/7/2014. (jpet, ) (Entered: 11/07/2014)
2014-11-0727***DOCUMENT MAILED 26 Roseboro Order, placed in U.S. Mail to Michael Cornelius (jpet, ) (Entered: 11/07/2014)
2014-11-1029RESPONSE in Opposition re 25 MOTION for Summary Judgment Response filed by Michael Cornelius.Reply to Response to Motion due by 11/20/2014 (Attachments: # 1 Exhibit 1 - Copy Secretary's Motion for Summary Judgment, # 2 Exhibit 1 - Scheduling Order, # 3 Exhibit 2 - Deposition of Michael Cornelius, # 4 Certificate of Service)(jpet, ) (Entered: 11/10/2014)
2014-11-1030MOTION for Hearing by Michael Cornelius. Response to Motion due by 12/1/2014. (Attachments: # 1 Exhibit 1 - Scheduling Order, # 2 Exhibit 2 - Documents re Deposition of Michael Cornelius)Motions referred to Paige J Gossett.(jpet, ) (Entered: 11/10/2014)
2014-11-1031MOTION for Sanctions by Michael Cornelius. Response to Motion due by 12/1/2014. (Attachments: # 1 Exhibit 1 - Response to Motion for Summary Judgment, # 2 Exhibit 2 - Scheduling Order, # 3 Exhibit 3 - Documents re Deposition of Michael Cornelius)Motions referred to Paige J Gossett.(jpet, ) (Entered: 11/10/2014)
2014-11-1332RESPONSE to Motion re 31 MOTION for Sanctions Response filed by John M McHugh.Reply to Response to Motion due by 11/24/2014 (Attachments: # 1 Exhibit 1 - Notice of Deposition, # 2 Exhibit 2 - Plaintiff's Deposition Excerpts, # 3 Exhibit 3 - Certificate of Service for Request for Documents, # 4 Exhibit 4 - September 30, 2014, Letter, # 5 Exhibit 5 - October 20, 2014, Letter, # 6 Exhibit 6 - November 5, 2014, Letter)(Bailey, Terri) (Entered: 11/13/2014)
2014-11-1933Case Reassigned to Judge Mary G Lewis. Judge Joseph F Anderson, Jr no longer assigned to the case. (suro, ) (Entered: 11/19/2014)
2014-11-1934***DOCUMENT MAILED 33 Case Reassigned was placed in U.S. Mail to Michael Cornelius. (gmil) (Entered: 11/19/2014)
2014-11-2035REPLY to Response to Motion re 25 MOTION for Summary Judgment Response filed by John M McHugh. (Bailey, Terri) (Entered: 11/20/2014)
2014-12-2237DELETION OF DOCKET ENTRY NUMBER 36 Reason: Entered in wrong case. Modified filing date to that of original filing: n/a Response due date modified to that of original filing: n/a (gmil) (Entered: 12/22/2014)
2015-01-0638DOCKET TEXT ORDER denying 31 Motion for Sanctions for the reasons stated in 32 Defendant's Response in Opposition. Entered at the direction of Magistrate Judge Paige J. Gossett on 1/6/2015. (kkus, ) (Entered: 01/06/2015)
2015-01-0739***DOCUMENT MAILED 38 Order on Motion for Sanctions placed in U.S. Mail to Michael Cornelius (jpet, ) (Entered: 01/07/2015)
2015-01-1640MOTION for Reconsideration re 38 Order on Motion for Sanctions by Michael Cornelius. Response to Motion due by 2/2/2015. (Attachments: # 1 Exhibit 1 - NEF, # 2 Exhibit 2 - Notice of Deposition, # 3 Exhibit 3 - Notice from AWR, # 4 Exhibit 4 - Transcript, # 5 Exhibit 5 - Response to motion for sanctions, # 6 Certificate of Service)Motions referred to Paige J Gossett.(jpet, ) (Entered: 01/21/2015)
2015-02-0241RESPONSE to Motion re 40 MOTION for Reconsideration re 38 Order on Motion for Sanctions Response filed by John M McHugh.Reply to Response to Motion due by 2/12/2015 (Attachments: # 1 Exhibit 1 - Cornelius Deposition excerpts, # 2 Exhibit 2 - AWR Letter, October 21, 2014, # 3 Exhibit 3 - AWR Invoice, October 30, 2014, # 4 Exhibit 4 - AWR Letter, October 28, 2014)(Bailey, Terri) (Entered: 02/02/2015)
2015-02-1042REPLY to Response to Motion re 40 Motion for Reconsideration re 38 Order on Motion for Sanctions. Response filed by Michael Cornelius. (Attachments: # 1 Supporting Documents, # 2 Certificate of Service) (gmil) (Entered: 02/10/2015)
2015-05-2243REPORT AND RECOMMENDATION recommends that the 25 defendant's motion for summary judgment be granted. The court further recommends that Corneliuss motion for a hearing 30 and motion for reconsideration 40 be denied. Objections to R&R due by 6/8/2015. Signed by Magistrate Judge Paige J Gossett on 5/22/2015. (gmil) (Entered: 05/22/2015)
2015-05-2244***DOCUMENT MAILED 43 REPORT AND RECOMMENDATION was placed in U.S. Mail to Michael Cornelius. (gmil) (Entered: 05/22/2015)
2015-06-0545MOTION for Extension of Time to File Response/Reply as to 43 REPORT AND RECOMMENDATION by Michael Cornelius. Response to Motion due by 6/22/2015. (gmil) (Entered: 06/05/2015)
2015-06-0946TEXT ORDER granting 45 MOTION for Extension of Time (Objections to R&R due by 6/18/2015). Signed by Honorable Mary G Lewis on 6/9/2015. (cbru, ) (Entered: 06/09/2015)
2015-06-0947***DOCUMENT MAILED 46 Order, Set Deadlines, Terminate Motions placed in U.S. Mail to Michael Cornelius (cbru, ) (Entered: 06/09/2015)
2015-06-1848OBJECTION to 43 Report and Recommendation by Michael Cornelius.Reply to Objections due by 7/6/2015 (Attachments: # 1 Evidence - 1, # 2 Evidence - 2, # 3 Evidence - 3, # 4 Evidence - 4, # 5 Evidence - 5, # 6 Evidence - 6, # 7 Evidence - 7, # 8 Evidence - 8, # 9 Evidence - 9, # 10 Evidence - 10, # 11 Evidence - 11, # 12 Evidence - 12, # 13 Evidence - 13, # 14 Evidence - 14, # 15 Evidence - 15, # 16 Certificate of Service)(cbru, ) (Entered: 06/18/2015)
2015-07-0949NOTICE of failure to file a timely response by Michael Cornelius. (Attachments: # 1 Certificate of Service, # 2 Exhibit 1 - Postal Paid Mailing Receipt)(cbru, ) (Entered: 07/09/2015)
2015-07-1351ORDER AND OPINION adopting 43 Report and Recommendation, denying 40 Motion for Reconsideration, denying 30 Motion for Hearing, granting 25 Motion for Summary Judgment. Signed by Honorable Mary G Lewis on 7/13/2015. (cbru, ) (Entered: 07/13/2015)
2015-07-1352SUMMARY JUDGMENT in favor of defendant against plaintiff (cbru, ) (Entered: 07/13/2015)
2015-07-1353***DOCUMENT MAILED 52 Summary Judgment, 51 Order Ruling on Report and Recommendation, placed in U.S. Mail to Michael Cornelius (cbru, ) (Entered: 07/13/2015)
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by FOIA Project Staff
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