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Case TitleEames v. Administrative Committee of the Federal Register, The et al
DistrictDistrict of Utah
CityNorthern
Case Number1:2015cv00021
Date Filed2015-01-28
Date Closed2016-08-02
JudgeJudge Dee Benson
PlaintiffBrady Eames
Case DescriptionBrady Eames submitted a FOIA request to the National Archives for records indicating the existence of a 2013 index for the Federal Register. The agency responded that such an index existed on its website and provided the location. Eames visited the website and was dissatisfied with the information available there. He appealed the agency's decision, which was upheld. He eventually filed suit to force the Committee on the Federal Register to provide an online index.
Complaint issues: Withholding not related to exemption claims

DefendantAdministrative Committee of the Federal Register, The
DefendantOffice of the Federal Register, The
DefendantNational Archives and Records Administration
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [35]
Opinion/Order [44]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-01-281COMPLAINT against Administrative Committee of the Federal Register, The, National Archives and Records Administration, Office of the Federal Register, The (Filing fee $ 400, receipt number 4681065564), filed by Brady Eames. (Attachments: # 1 Civil Cover Sheet ) Assigned to Judge Dee Benson (eat) (Entered: 01/28/2015)
2015-01-292ORDER REFERRING CASE to Magistrate Judge Paul M. Warner under 28:636 (b)(1)(B), Magistrate to handle case up to and including R&R on all dispositive matters. No attached document.. Signed by Judge Dee Benson on 1/30/2015. (reb) (Entered: 01/29/2015)
2015-02-233MOTION for Leave to File Amended Complaint and Memorandum in Support filed by Plaintiff Brady Eames. Motions referred to Paul M. Warner.(jlw) (Entered: 02/25/2015)
2015-03-054RESPONSE to Motion re 3 MOTION for Leave to File Amended Complaint and Memorandum in Support filed by Defendants Administrative Committee of the Federal Register, The, National Archives and Records Administration, Office of the Federal Register, The. Attorney Jared C. Bennett added to party Administrative Committee of the Federal Register, The(pty:dft), Attorney Jared C. Bennett added to party National Archives and Records Administration(pty:dft), Attorney Jared C. Bennett added to party Office of the Federal Register, The(pty:dft)(Bennett, Jared) (Entered: 03/05/2015)
2015-03-055MOTION for Extension of Time to File Answer re 1 Complaint, 4 Response to Motion,, and Memorandum in Support filed by Defendants Administrative Committee of the Federal Register, The, National Archives and Records Administration, Office of the Federal Register, The. (Attachments: # 1 Text of Proposed Order) Motions referred to Paul M. Warner.(Bennett, Jared) (Entered: 03/05/2015)
2015-03-096ORDER granting 5 Motion for Extension of Time to Answer. Federal Defendants shall file a response to Mr Eames' amended complaint within 60 days after this Court's order authorizing the amended complaint's filing. Signed by Magistrate Judge Paul M. Warner on 3/9/15. (jlw) (Entered: 03/09/2015)
2015-05-297MOTION to Speed Up Serving an Order filed by Plaintiff Brady Eames. Motions referred to Paul M. Warner.(jlw) (Entered: 06/02/2015)
2015-06-258ORDER granting 3 Motion for Leave to File; denying 7 Motion to Speed up Service. Signed by Magistrate Judge Paul M. Warner on 6/25/15. (jlw) (Entered: 06/25/2015)
2015-07-139Correspondence from Brady Eames (jlw) (Entered: 07/16/2015)
2015-07-1310AMENDED COMPLAINT against Administrative Committee of the Federal Register, The, National Archives and Records Administration, Office of the Federal Register, filed by Brady Eames. (jlw) (Entered: 07/16/2015)
2015-07-1311MOTION to Compel Defendants to Prove their Receipt of Plaintiff's Papers filed by Plaintiff Brady Eames. (Attachments: # 1 Text of Proposed Order) Motions referred to Paul M. Warner.(jlw) (Entered: 07/16/2015)
2015-07-1712MEMORANDUM in Opposition re 11 MOTION to Compel Defendants to Prove their Receipt of Plaintiff's Papers filed by Defendants Administrative Committee of the Federal Register, The, National Archives and Records Administration, Office of the Federal Register, The. (Bennett, Jared) (Entered: 07/17/2015)
2015-07-3113REPLY to Response to Motion re 11 MOTION to Compel Defendants to Prove their Receipt of Plaintiff's Papers filed by Plaintiff Brady Eames. (jlw) (Entered: 08/03/2015)
2015-08-1914MOTION for Extension of Time to File Answer re 10 Amended Complaint and Memorandum in Support filed by Defendants Administrative Committee of the Federal Register, The, National Archives and Records Administration, Office of the Federal Register, The. (Attachments: # 1 Text of Proposed Order) Motions referred to Paul M. Warner.(Bennett, Jared) (Entered: 08/19/2015)
2015-08-2115RESPONSE to Motion re 14 MOTION for Extension of Time to File Answer re 10 Amended Complaint and Memorandum in Support filed by Plaintiff Brady Eames. (jlw) (Entered: 08/25/2015)
2015-08-2116MOTION to Serve Supplemental Pleadings filed by Plaintiff Brady Eames. Motions referred to Paul M. Warner. (jlw) Modified by removing term date on 6/24/2016 (blh). (Entered: 08/25/2015)
2015-09-0117ORDER granting 14 Motion for Extension of Time to Answer re 10 Amended Complaint. Answer deadline updated for Administrative Committee of the Federal Register, The answer due 9/30/2015; National Archives and Records Administration answer due 9/30/2015; Office of the Federal Register, The answer due 9/30/2015. Signed by Magistrate Judge Paul M. Warner on 9/1/15. (jlw) (Entered: 09/01/2015)
2015-09-3018MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Defendants Administrative Committee of the Federal Register, The, National Archives and Records Administration, Office of the Federal Register, The. (Attachments: # 1 Exhibit A--Declaration of Joseph Scanlon) Motions referred to Paul M. Warner. (Bennett, Jared) Modified by removing term date on 6/24/2016 (blh). (Entered: 09/30/2015)
2015-10-0119DOCKET TEXT ORDER denying 11 . Motion to compel defendants to prove receipt of papers from plaintiff is DENIED. Signed by Magistrate Judge Paul M. Warner on 10/1/15. No attached document. (dla) (Entered: 10/01/2015)
2015-11-0220MOTION for Extension of Time to File Opposition to Motion to Dismiss filed by Plaintiff Brady Eames. Motions referred to Paul M. Warner.(jlw) (Entered: 11/04/2015)
2015-11-0421RESPONSE to Motion re 20 MOTION for Extension of Time to File Opposition to Motion to Dismiss filed by Defendants Administrative Committee of the Federal Register, The, National Archives and Records Administration, Office of the Federal Register, The. (Bennett, Jared) (Entered: 11/04/2015)
2015-11-0522DOCKET TEXT ORDER granting 20 Motion for Extension of Time. Motion by plaintiff for extension of time to respond to motion to dismiss is GRANTED. Plaintiff shall file a response on or before November 13, 2015. Signed by Magistrate Judge Paul M. Warner on 11/5/15. No attached document. (dla) (Entered: 11/05/2015)
2015-11-1323MEMORANDUM in Opposition re 18 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Plaintiff Brady Eames. (jlw) (Entered: 11/18/2015)
2015-11-2524MOTION for Extension of Time to File Response/Reply as to 18 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support , 23 Memorandum in Opposition to Motion and Memorandum in Support filed by Defendants Administrative Committee of the Federal Register, The, National Archives and Records Administration, Office of the Federal Register, The. (Attachments: # 1 Text of Proposed Order) Motions referred to Paul M. Warner.(Bennett, Jared) (Entered: 11/25/2015)
2015-12-0125ORDER granting 24 Motion for Extension of Time to File Response/Reply re 18 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support . Responses due by 12/14/2015. Signed by Magistrate Judge Paul M. Warner on 12/1/15. (jlw) (Entered: 12/01/2015)
2015-12-1426REPLY to Response to Motion re 18 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Defendants Administrative Committee of the Federal Register, The, National Archives and Records Administration, Office of the Federal Register, The. (Bennett, Jared) (Entered: 12/14/2015)
2015-12-1427MOTION for Declaration of Vexatious Litigant Status and Injunction Against Future Filings and Memorandum in Support filed by Defendants Administrative Committee of the Federal Register, The, National Archives and Records Administration, Office of the Federal Register, The. Motions referred to Paul M. Warner.(Bennett, Jared) (Entered: 12/14/2015)
2016-01-0628REQUEST to Submit for Decision re 27 MOTION for Declaration of Vexatious Litigant Status and Injunction Against Future Filings and Memorandum in Support filed by Defendants Administrative Committee of the Federal Register, The, National Archives and Records Administration, Office of the Federal Register, The. (Bennett, Jared) (Entered: 01/06/2016)
2016-01-0829MEMORANDUM in Opposition re 27 MOTION for Declaration of Vexatious Litigant Status and Injunction Against Future Filings and Memorandum in Support filed by Plaintiff Brady Eames. (Attachments: # 1 Exhibit Mailing Envelope)(jds) (Entered: 01/11/2016)
2016-01-0830MOTION and NOTICE for Extension of Time to File 29 Memorandum in Opposition to Motion, and Memorandum in Support filed by Plaintiff Brady Eames. (Attachments: # 1 Mailing Envelope) Motions referred to Paul M. Warner.(jds) (Entered: 01/11/2016)
2016-01-1431CERTIFICATE OF SERVICE of Memorandum in Opposition and Notice of Unadvertised Closing of Court by Brady Eames (Attachments: # 1 Certificate of Service)(jlw) (Entered: 01/15/2016)
2016-01-2032REQUEST to Submit for Decision re 27 MOTION for Declaration of Vexatious Litigant Status and Injunction Against Future Filings and Memorandum in Support filed by Defendants Administrative Committee of the Federal Register, The, National Archives and Records Administration, Office of the Federal Register, The. (Bennett, Jared) (Entered: 01/20/2016)
2016-01-2033DOCKET TEXT ORDER granting 30 Motion for Extension of Time to File Response/Reply re 27 MOTION for Declaration of Vexatious Litigant Status and Injunction Against Future Filings and Memorandum in Support Replies due by 2/5/2016. Responses due by 1/22/2016. Signed by Magistrate Judge Paul M. Warner on 1/20/16. No attached document. (dla) (Entered: 01/20/2016)
2016-03-1634REPORT AND RECOMMENDATIONS re 18 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Office of the Federal Register, The, Administrative Committee of the Federal Register, The, National Archives and Records Administration, 16 MOTION to Serve Supplemental Pleadings filed by Brady Eames. Magistrate Judge Paul M. Warner no longer assigned to case. Objections to R&R due by 3/30/2016. Signed by Magistrate Judge Paul M. Warner on 3/15/16. (jlw) Modified by removing term date on 6/24/2016 (blh). (Entered: 03/16/2016)
2016-03-3135***WITHDRAWN per 39 Order*** ORDER ADOPTING REPORT AND RECOMMENDATIONS: denying 16 Motion ; granting 18 Motion to Dismiss for Lack of Jurisdiction. Case Closed. Signed by Judge Dee Benson on 3/31/16. (jlw) Modified by adding withdrawn text on 5/5/2016 (blh). (Entered: 03/31/2016)
2016-04-0136MOTION for Extension of Time to File Response/Reply and Memorandum in Support re 34 REPORT AND RECOMMENDATIONS, MOTION For Court Compliance and Memorandum in Support filed by Plaintiff Brady Eames. (Attachments: # 1 Mailing Envelope)(jds) (Entered: 04/01/2016)
2016-04-0437CLERK'S JUDGMENT signed by Anne Morgan, Chief Deputy: IT IS ORDERED AND ADJUDGED that judgment is entered in favor of Defendants and against Plaintiff. (jlw) (Entered: 04/04/2016)
2016-04-2538MOTION for Correction of Court Mistakes filed by Plaintiff Brady Eames. (Attachments: # 1 Envelope)(jlw) (Entered: 04/26/2016)
2016-05-0539ORDER: Re-Opening Case, Withdrawing Order Adopting Report & Recommendations, denying 36 MOTION for Extension of Time to File Response/Reply. The time for objection to the Report and Recommendations shall be re-set. Any objection shall be due May 23, 2016. Failure to object may constitute waiver of objections upon subsequent review. See order for further details. Case reopened. Signed by Judge Dee Benson on 5/5/2016. (blh) (Entered: 05/05/2016)
2016-05-1240MOTION for Injunction and Memorandum in Support filed by Plaintiff Brady Eames (blh) (Entered: 05/13/2016)
2016-05-3141MEMORANDUM in Opposition re 40 MOTION for Injunction and Memorandum in Support filed by Defendants Administrative Committee of the Federal Register, The, National Archives and Records Administration, Office of the Federal Register, The. (Bennett, Jared) (Entered: 05/31/2016)
2016-06-2042REPLY to Response to Motion re 40 MOTION for Injunction and Memorandum in Support filed by Plaintiff Brady Eames (blh) (Entered: 06/21/2016)
2016-06-2343ORDER denying 40 Motion for Injunction. Signed by Judge Dee Benson on 6/23/2016. (blh) (Entered: 06/23/2016)
2016-06-2444ORDER ADOPTING REPORT AND RECOMMENDATIONS re 34 Report and Recommendations; denying 16 Motion for Leave to Amend to Include Supplemental Claims; granting 18 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Dee Benson on 6/23/2016. (blh) (Entered: 06/24/2016)
2016-08-0245CLERK'S JUDGMENT-IT IS ORDERED AND ADJUDGEDthat Defendants Motion to Dismiss is granted, and Plaintiffs Motion for Leave to Amend is denied. Signed by Anne W. Morgan on 8/1/16. Case Closed. (jmr) (Entered: 08/02/2016)
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