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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 Number2:2015cv03750
Date Filed2015-05-18
Date Closed2016-09-26
JudgeJudge George H. Wu
PlaintiffEdward Dean Hohner
Case DescriptionEdward Dean Hohner, a prisoner, submitted a FOIA request to the FBI for records concerning a cell phone number that played a role in his trial. The agency told Hohner it found no records. Hohner appealed to the Office of Information Policy. After hearing nothing further from OIP, Hohner filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index

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

2015-05-181COMPLAINT against Defendants U.S. Department of Justice(Federal Bureau of Information), U.S. Department of Justice(Office of Information Policy). Case assigned to Judge Christina A. Snyder for all further proceedings. Discovery referred to Magistrate Judge Alicia G. Rosenberg., filed by Plaintiff Edward Dean Hohner. (et) (Entered: 05/19/2015)
2015-05-182DECLARATION in Support of REQUEST to Proceed in Forma Pauperis filed by Plaintiff Edward Dean Hohner. (et) (Entered: 05/19/2015)
2015-05-183NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Alicia G. Rosenberg. (et) (Entered: 05/19/2015)
2015-05-184NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 05/19/2015)
2015-05-265MINUTE (IN CHAMBERS) ORDER RE: PLAINTIFF'S COMPLAINT by Magistrate Judge Alicia G. Rosenberg. The clerk is directed to send Plaintiff a copy of CV-60P, which includes a Prisoner Authorization. Plaintiff is ORDERED to complete the Prisoner Authorization and file it with the court no later than June 25, 2015. (See Order for Further Details) (Attachments: # 1 CV-60P) (kl) (Entered: 05/26/2015)
2015-05-266ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 14-03 -Related Case- filed. Related Case No: CV15-02669 GW (PLAx). Case transferred from Magistrate Judge Alicia G. Rosenberg and Judge Christina A. Snyder to Judge George H. Wu and Magistrate Judge Paul L. Abrams for all further proceedings. The case number will now reflect the initials of the transferee Judge CV15-03750 GW (PLAx). Signed by Judge George H. Wu (mg) (Entered: 05/27/2015)
2015-05-277STANDING ORDER REGARDING FINAL PRE-TRIAL CONFERENCES FOR CIVIL JURY TRIALS BEFORE JUDGE GEORGE H WU (see attached order) by Judge George H Wu (pj) (Entered: 05/27/2015)
2015-06-258NOTICE OF DISCREPANCY AND ORDER: by Magistrate Judge Paul L. Abrams, ORDERING Complaint for Relief submitted by Plaintiff Edward Dean Hohner received on June 25, 2015 is not to be filed but instead rejected. Denial based on: Identical complaint already filed in this action. No motion to amend submitted. Prisoner authorization still not filed with Court. (ch) (Entered: 06/25/2015)
2015-07-069REQUEST to Proceed Without Prepayment of Filing Fees with Declaration in Support filed by plaintiff Edward Dean Hohner. (es) (Additional attachment(s) added on 7/13/2015: # 1 Inmate Inquiry) (es). (Entered: 07/13/2015)
2015-07-1310ORDER Re Request to Proceed Without Prepayment of Filing Fees by Magistrate Judge Paul L. Abrams: IT IS ORDERED that the 9 REQUEST for Leave to Proceed Without Prepayment of Filing Fee is hereby GRANTED. IT IS FURTHER ORDERED that, in accordance with 28 U.S.C. § 1915, the prisoner-plaintiff owes the Court the initial filing fee of $350.00. An initial partial filing fee of $20 must be paid within 30 days of the date of this order. Thereafter, monthly payments shall be forwarded to the Court in accordance with this order. (es) (Entered: 07/13/2015)
2015-07-131130 DAY Summons Issued re Complaint - (Discovery), 1 as to Defendant U.S. Department of Justice(Federal Bureau of Information), U.S. Department of Justice(Office of Information Policy). (es) (Entered: 07/13/2015)
2015-07-2212PROOF OF SERVICE Executed by Plaintiff Edward Dean Hohner, upon Federal Bureau of Investigation served on 7/20/2015, answer due 9/18/2015. Service of the Summons and Complaint was executed 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)
2015-07-2213PROOF 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 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)
2015-07-2214PROOF 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 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)
2015-07-2215PROOF OF SERVICE Executed by Plaintiff Edward Dean Hohner, upon Defendant Federal Bureau of Investigation 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)
2015-08-1816REQUEST FOR STAY OF ACTION filed by Plaintiff Edward Dean Hohner. (lom) (Entered: 08/18/2015)
2015-08-2417MINUTES (IN CHAMBERS): COURT ORDER by Judge George H. Wu. The Court has received Plaintiff's Request for Stay of Action 16 . Plaintiff's Request is DENIED WITHOUT PREJUDICE. (lom) (Entered: 08/24/2015)
2015-09-2918NOTICE of Change of address Changing attorneys address to PO Box 441. Corona CA 92878. Filed by Plaintiff Edward Dean Hohner. (pj) (Entered: 09/30/2015)
2016-01-1219NOTICE of Change of address Filed by Plaintiff Edward Dean Hohner. (lom) (Entered: 01/12/2016)
2016-02-1220MINUTE 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)
2016-02-2421REQUEST FOR EXTENTION OF TIME filed by plaintiff Edward Dean Hohner. (bm) (Entered: 02/25/2016)
2016-02-2922MINUTE ORDER (IN CHAMBERS) by Judge George H. Wu: Proceedings: Court Order. The Court has received Plaintiffs Request for Extension of Time 21 . The Court GRANTS Plaintiff's Request and extends the deadline to respond to the order to show cause to March 25, 2016. (mg) (Entered: 02/29/2016)
2016-03-2823PROCESS RECEIPT AND RETURN (USM-285) of summons and Complaint 1 upon U.S. Department of Justice(Federal Bureau of Information) served on 3/23/2016, answer due 5/23/2016; served by First Class Mail service, by Federal statute, upon Civil Process Clerk, Office of the United States Attorney. Remarks: Certified Mail: 7015 0640 0007 6146 0573. (mg) (Entered: 03/29/2016)
2016-05-2024EX PARTE APPLICATION to Extend Time to File Answer to 6/24/2016 re Complaint - (Discovery), 1 filed by Defendants U.S. Department of Justice(Federal Bureau of Information), 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)
2016-05-2425ORDER 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 Plaintiff's Complaint. (cr) (Entered: 05/24/2016)
2016-06-2226NOTICE OF MOTION AND MOTION to Dismiss Case filed by Federal Defendants U.S. Department of Justice(Federal Bureau of Information), 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, # 2 Statement of Uncontroverted Facts and Conclusions of Law, # 3 [Proposed] Judgment, # 4 Proof of Service) (Axe, Jason) (Entered: 06/22/2016)
2016-07-1927REPLY to defendant's NOTICE OF MOTION AND MOTION to Dismiss, or in the alternative for summary judgment 26 filed by Plaintiff Edward Dean Hohner. (pj) (Entered: 07/20/2016)
2016-08-0428REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case 26 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 M. Hardy, # 2 POS)(Axe, Jason) (Entered: 08/04/2016)
2016-08-1829MINUTES OF DEFENDANTS OFFICE OF INFORMATION POLICY AND FEDERAL BUREAU OF INVESTIGATIONS MOTION TO DISMISS, OR IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT 26 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 continue d 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)
2016-09-2630MINUTES 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: 26 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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