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Case TitleEdward Dean Hohner v. U.S. Department of Justice et al
DistrictCentral District of California
CityWestern Division - Los Angeles
Case Number2:2015cv02669
Date Filed2015-04-10
Date Closed2016-09-26
JudgeJudge George H. Wu
PlaintiffEdward Dean Hohner
Case DescriptionEdward Hohner submitted a FOIA request to the FBI for records concerning his conviction, including information about confidential informants who testified at his trial. The FBI told Hohner it would neither confirm nor deny the existence of such records. Hohner appealed to OIP. OIP upheld the FBI's decision and Hohner then filed suit.
Complaint issues: Determination - Glomar response, Litigation - Vaughn index

DefendantU.S. Department of Justice Office of Information Policy
DefendantU.S. Department of Justice Federal Bureau of Investigation
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-04-10LODGED COMPLAINT sought to be filed by Plaintiff Edward Dean Hohner. (esa) (Entered: 04/14/2015)
2015-04-101NOTICE RE: DISCREPANCIES WITH LODGING OF COMPLAINT mailed to Plaintiff Edward Dean Hohner. Upon submission of your complaint it was noted that you did not pay the appropriate filing fee. If you are unable to pay the entire filing fee at this time, you must sign and complete the CV60p form attached. If you do not respond within 30 days of the date of this letter your action will be dismissed. Re Lodged Complaint (Attachments: # 1 ldgd cmp, # 2 ldgd cmp part 2) (esa) (Entered: 04/14/2015)
2015-05-072COMPLAINT against defendants U.S. Department of Justice(Federal Bureau of Investigation), U.S. Department of Justice(Office of Information Policy).Case assigned to Judge George H. Wu for all further proceedings. Discovery referred to Magistrate Judge Paul L. Abrams, filed by plaintiff Edward Dean Hohner. (Attachments: # 1 part 2, # 2 part 3, # 3 part 4) (esa) (Entered: 05/08/2015)
2015-05-073DECLARATION IN SUPPORT OF REQUEST to Proceed In Forma Pauperis, filed by plaintiff Edward Dean Hohner. (esa) (Entered: 05/08/2015)
2015-05-074NOTICE OF ASSIGNMENT to District Judge George H. Wu and Magistrate Judge Paul L. Abrams. (esa) (Entered: 05/08/2015)
2015-05-075NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) (Entered: 05/08/2015)
2015-05-11REPORT AND RECOMMENDATION issued by Magistrate Judge Paul L. Abrams. Re REQUEST to Proceed In Forma Pauperis, Declaration in Support 3 . Proposed Order forwarded to the District Judge for approval.(ch) (Entered: 05/11/2015)
2015-05-186ORDER RE REQUEST TO PROCEED WITHOUT PREPAYMENT OF FILING FEES 3 by Judge George H. Wu: DENIED with leave to amend within 30 days. Plaintiff may re-submit the IFP application and Complaint to this Court,if submitted with the Certified Trust Account Statement and Disbursement Authorization. Plaintiff shall utilize the samecase number. If plaintiff fails to submit the required documents within 30 days this case shall be dismissed. (pj) (Entered: 05/19/2015)
2015-05-267Request to Proceed In Forma Pauperis filed by plaintiff Edward Dean Hohner. (ch) (Entered: 05/28/2015)
2015-05-28REPORT AND RECOMMENDATION issued by Magistrate Judge Paul L. Abrams. Re Request for Leave to Proceed In Forma Pauperis 7 . Proposed Order forwarded to the District Judge for approval.(ch) (Entered: 05/28/2015)
2015-06-018ORDER RE REQUEST TO PROCEED WITHOUT PREPAYMENT OF FILING FEES 7 DENIED with leave to amend within 30 days. Plaintiff may re-submit the IFP application and Complaint to this Court, if submitted with the Certified Trust Account Statement and Disbursement Authorization. Plaintiff shall utilize the same case number. If plaintiff fails to submit the required documents within 30 days, this case shall be DISMISSED by Judge George H. Wu. (pj) (Entered: 06/02/2015)
2015-06-089Request to Proceed In Forma Pauperis filed by plaintiff Edward Dean Hohner. (ch) (Entered: 06/12/2015)
2015-06-0810AMENDED COMPLAINT against defendant U.S. Department of Justice(Federal Bureau of Investigation), U.S. Department of Justice(Office of Information Policy) amending Complaint - (Discovery), 2 filed by plaintiff Edward Dean Hohner (Attachments: # 1 Part 2 of 2)(es) (Entered: 06/12/2015)
2015-06-12REPORT AND RECOMMENDATION issued by Magistrate Judge Paul L. Abrams. Re Request for Leave to Proceed In Forma Pauperis 9 . Proposed Order forwarded to the District Judge for approval.(ch) (Entered: 06/12/2015)
2015-06-1711ORDER by Judge George H. Wu: denying 9 Request for Leave to Proceed in Forma. MD JS-6, (shb) (Entered: 06/17/2015)
2015-06-2517COMPLAINT FOR RELIEF filed by plaintiff Edward Dean Hohner. (es) (Entered: 07/06/2015)
2015-06-3012MOTION Asking the Court to Set Aside and Vacate Order Dismissing Petitioner's Case 11 filed by Plaintiff Edward Dean Hohner. (gk) (Entered: 07/01/2015)
2015-06-3013REQUEST to Proceed Without Prepayment of Filing Fees with Declaration in Support filed by plaintiff Edward Dean Hohner. (es) (Entered: 07/02/2015)
2015-07-0114ORDER Re Request to Proceed Without Prepayment of Filing Fees by Magistrate Judge Paul L. Abrams. IT IS ORDERED that the Request to Proceed Without Prepayment of Filing Fees is hereby GRANTED, and Plaintiff's Motion to Set Aside... Order Dismissing... Case is GRANTED (Docket No. 12) IT IS FURTHER ORDERED that, in accordance with 28 U.S.C. § 1915, the prisoner-plaintiff owes the Court the total filing fee of $350.00. An initial partial filing fee of $ 20.00 must be paid within thirty (30) days of the date this order is filed. Failure to remit the initial partial filing fee may result in dismissal of the case. Thereafter, monthly payments shall be forwarded to the Court in accordance with 28 U.S.C. § 1915(b)(2). (es) (Entered: 07/02/2015)
2015-07-0216NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge George H. Wu ORDERING Complaint for Relief submitted by Plaintiff Edward Dean Hohner received on June 25, 2015 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (es) (Entered: 07/06/2015)
2015-07-061530 DAY Summons Issued re Amended Complaint, 10 as to defendants U.S. Department of Justice(Federal Bureau of Investigation), U.S. Department of Justice(Office of Information Policy). (ch) Modified on 7/6/2015 (ch). (Entered: 07/06/2015)
2015-07-1018STANDING ORDER by Judge George H. Wu: Re Final Pre-Trial Conferences for Civil Jury Trials. (pg) (Entered: 07/10/2015)
2015-07-2219PROOF OF SERVICE Executed by Plaintiff Edward Dean Hohner, upon U. S. Assistant District Attorneys, Central District of California, served on 7/20/2015, answer due 9/18/2015. Service of the Summons and Amended Complaint was executed by certified mail in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. Original Summons NOT returned. (gk) (Entered: 07/24/2015)
2015-07-2220PROOF OF SERVICE Executed by Plaintiff Edward Dean Hohner, upon U.S. Attorney General served on 7/20/2015, answer due 9/18/2015. Service of the Summons and Amended Complaint was executed by certified mail in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. Original Summons NOT returned. (gk) (Entered: 07/24/2015)
2015-08-1821REQUEST FOR STAY OF ACTION filed by Plaintiff Edward Dean Hohner. (lom) (Entered: 08/18/2015)
2015-08-2422MINUTE ORDER IN CHAMBERS by Judge George H. Wu: re: Plaintiff's Request to Stay Case is DENIED. 21 (pg) (Entered: 08/24/2015)
2015-09-2523NOTICE of Change of address Filed by Plaintiff Edward Dean Hohner. (lom) (Entered: 09/28/2015)
2016-01-1224NOTICE of Change of address Filed by Plaintiff Edward Dean Hohner. (lom) (Entered: 01/12/2016)
2016-02-1225MINUTE ORDER (IN CHAMBERS): ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR LACK OF PROSECUTION by Judge George H. Wu. The file in this case lacks the papers that would show it is being timely prosecuted, as reflected below. Accordingly, the Court, on its own motion, hereby orders plaintiff(s) to show cause in writing no later than March 4, 2016 why this action should not be dismissed as to all remaining defendants for lack of prosecution. As an alternative to a written response by plaintiff(s), the Court will accept one of the following, if it is filed on or before the above date, as evidence that the matter is being prosecuted diligently. Proof of service of summons and complaint (applicable for defendant(s) who have not been served); In cases removed from State Court, responsive pleadings filed by all defendants; Request for entry of default by plaintiff(s) (applicable where defendants have been served but not answered); Motion for default judgment. No oral argument of this matter will be heard unless ordered by the Court. The Order will stand submitted upon the filing of a responsive pleading or motion on or before the date upon which a response by plaintiff(s) is due. (lom) (Entered: 02/12/2016)
2016-02-2426REQUEST FOR EXTENTION OF TIME filed by plaintiff Edward Dean Hohner. (bm) (Entered: 02/25/2016)
2016-02-2927MINUTES (IN CHAMBERS) by Judge George H. Wu: Proceedings: Court Order. The Court has received 26 Plaintiff's REQUEST for Extension of Time. The Court GRANTS Plaintiff'sRequest and extends the deadline to respond to the order to show cause to March 25, 2016. (mg) (Entered: 02/29/2016)
2016-03-2128PROOF OF SERVICE filed by Plaintiff Edward Dean Hohner: served Summons in a Civil Action and Complaint for Relief. (cr) (Entered: 03/21/2016)
2016-05-2029EX PARTE APPLICATION to Extend Time to File Answer to 6/24/2016 re Amended Complaint, 10 filed by Defendants U.S. Department of Justice(Federal Bureau of Investigation), U.S. Department of Justice(Office of Information Policy). (Attachments: # 1 Proof of Service, # 2 Proposed Order, # 3 Proof of Service) (Attorney Jason K Axe added to party U.S. Department of Justice(pty:dft), Attorney Jason K Axe added to party U.S. Department of Justice(pty:dft)) (Axe, Jason) (Entered: 05/20/2016)
2016-05-2430ORDER EXTENDING TIME FOR DEFENDANTS TO ANSWER, PLEAD, OR OTHERWISE RESPOND TO COMPLAINT by Judge George H. Wu: IT IS SO ORDERED that Defendants shall have an extension of time, up to and including June 24, 2016, within which to answer, plead, or otherwise respond to Plaintiffs Complaint. (cr) (Entered: 05/31/2016)
2016-06-2431NOTICE OF MOTION AND MOTION to Dismiss Case filed by Federal Defendants U.S. Department of Justice(Federal Bureau of Investigation), U.S. Department of Justice(Office of Information Policy). Motion set for hearing on 8/18/2016 at 08:30 AM before Judge George H. Wu. (Attachments: # 1 Declaration of David M. Hardy PART 1, # 2 Declaration of David M. Hardy PART 2, # 3 Statement of Uncontroverted Facts and Conclusions of Law, # 4 [Proposed] Judgment, # 5 Proof of Service) (Axe, Jason) (Entered: 06/24/2016)
2016-07-1432REPLY to defendant's NOTICE OF MOTION AND MOTION to Dismiss Case, or in the alternative, for Summary Judgment by Defendants Office of Information Policy and Federal Bureau Investigation 31 filed by Plaintiff Edward Dean Hohner. (mrgo) (Entered: 07/18/2016)
2016-08-0433REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case 31 and Second Declaration of David M. Hardy filed by Defendants U.S. Department of Justice, U.S. Department of Justice. (Attachments: # 1 Declaration of David. Hardy, # 2 POS)(Axe, Jason) (Entered: 08/04/2016)
2016-08-1834MINUTES OF DEFENDANTS OFFICE OF INFORMATION POLICY AND FEDERAL BUREAU OF INVESTIGATIONS MOTION TO DISMISS, OR IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT 31 held before Judge George H. Wu: The Courts Tentative Ruling is circulated and attached hereto. Court confers with counsel for Defendants. For reasons stated on the record, Defendants motion is continued to September 26, 2016 at 8:30 a.m. Plaintiff will have until September 9, 2016 to respond to the Tentative Ruling. Defendants will respond by September 19, 2016. Court Reporter: Lisa M. Gonzalez. (kss) (Entered: 08/19/2016)
2016-09-2635MINUTES OF DEFENDANTS OFFICE OF INFORMATION POLICY AND FEDERAL BUREAU OF INVESTIGATIONS MOTION TO DISMISS, OR IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT Hearing held before Judge George H. Wu re: 31 MOTION to Dismiss Case. As indicated in the "tentative rulings" that were provided prior to the hearing, the Court's indicated decision was to grant the motions but subject to the Plaintiff be given an opportunity to address a few issues cited in the tentative rulings. Hence, Plaintiff was given to September 9, 2016, to file any response. Plaintiff has not filed any responses. Hence, the Court adopts its tentative rulings as its final decisions on the motion to dismiss. Thus, the above-cited actions are dismissed.( MD JS-6. Case Terminated ). Court Reporter: Katie Thibodeaux. (mrgo) (Entered: 09/27/2016)
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by FOIA Project Staff
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