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Case TitleLewis v. Department of the Army et al
DistrictSouthern District of Georgia
CityAugusta
Case Number1:2015cv00133
Date Filed2015-08-24
Date Closed2016-09-21
JudgeJudge J. Randal Hall
PlaintiffFrances Glenda Lewis
TERMINATED: 09/21/2016
Case DescriptionFrances Glenda Lewis submitted a FOIA request to the Eisenhower Medical Center at Fort Gordon for any records concerning mail that was returned to the Medical Center as undeliverable when mailed to Lewis. She also requested the contents of any such mail. After hearing nothing further from the agency, Lewis filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDepartment of the Army
DefendantDepartment of the Army
TERMINATED: 09/21/2016
DefendantCommander, Dwight D. Eisenhower Army Medical Center
DefendantCommander, Dwight D. Eisenhower Army Medical Center
TERMINATED: 09/21/2016
DefendantDeborah Woods FOIA Officer
DefendantDeborah Woods FOIA Officer
TERMINATED: 09/21/2016
DefendantKelly Elder Labor Management Specialist
DefendantKelly Elder Labor Management Specialist
TERMINATED: 09/21/2016
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [7]
Opinion/Order [23]
FOIA Project Annotation: A federal court in Georgia has ruled that Frances Lewis's FOIA suit against the Department of the Army is moot since the agency disclosed the records concerning her removal. After Lewis was terminated, she alleged that her union representative had made a FOIA request for records concerning her termination. After hearing nothing further from the agency, Lewis filed suit. The agency claimed she had not made a valid FOIA request, but she later informed the court that her attorney had made a FOIA request for the records and had received them. The court found that since the agency had disclosed the records the case was now moot.
Issues: Litigation - Jurisdiction - Moot
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-08-241COMPLAINT FOR INJUNCTIVE RELIEF against Department of the Army, Commander, Dwight D. Eisenhower Army Medical Center, Deborah Woods, Kelly Elder, filed by Frances Glenda Lewis. (Attachments: # 1 Exhibit Letter, # 2 Envelope)(jah) (Entered: 08/24/2015)
2015-08-242Clerk's NOTICE of Filing Fee Deficiency and Notice of E-Government Act of 2002 re 1 Complaint. (Clerk's note: The notices were mailed USPS to Plaintiff at: 3822 Bowen Drive, Hephziabah, GA 30815.) (jah) (Additional attachment(s) added on 8/31/2015: # 1 Blank motion to proceed IFP) (jah). (Entered: 08/24/2015)
2015-09-083AMENDED COMPLAINT against Commander, Dwight D. Eisenhower Army Medical Center, Department of the Army, Kelly Elder, Deborah Woods, filed by Frances Glenda Lewis. (Attachments: # 1 envelope)(jah) (Entered: 09/08/2015)
2015-09-084MOTION for Leave to Proceed in forma pauperis by Frances Glenda Lewis. (Attachments: # 1 envelope)REFERRED to Judge Brian K. Epps.(jah) (Entered: 09/08/2015)
2015-09-095ORDER denying without prejudice Plaintiff's 4 Motion for Leave to Proceed in forma pauperis; directing the Plaintiff to submit a new motion to proceed in forma pauperis and supporting affidavit, which complies with the Court's instructions, within fourteen (14) days of the date of this Order; and directing the Clerk to attach a standard motion to proceed in forma pauperis, along with the supporting affidavit to Plaintiff's copy of this Order. Signed by Magistrate Judge Brian K. Epps on 9/9/2015. (Attachments: # 1 Pro se motion to proceed in forma pauperis (blank)) (jah) (Additional attachment(s) added on 9/9/2015: # 2 Prepared IFP motion and affidavit) (jah). (Entered: 09/09/2015)
2015-09-09Set/Reset Deadlines: Compliance (Response to Order) due by 9/23/2015. (jah) (Entered: 09/09/2015)
2015-09-236Filing fee paid by Plaintiff pro se, Frances Lewis: $ 400.00, receipt number AUG018945. (jah) (jah). (Entered: 09/23/2015)
2015-09-247ORDER that the Court will provide the Plaintiff pro se with some basic instructions regarding the development and the proper prosecution of this case; directing the Clerk to attach a copy of Fed. R. Civ. P. Rule 4 to Plaintiff's service copy of this Order; and notifying Plaintiff that she has 120 days from the filing of the complaint to serve the defendants (i.e. 12/22/2015), etc. Signed by Magistrate Judge Brian K. Epps on 09/24/2015. (Attachments: # 1 Copy of Fed. R. Civ. P. 4) (jah) (Entered: 09/24/2015)
2015-09-24Set/Reset Deadlines: Compliance (Service of complaint upon Defendants) due by 12/22/2015. (jah) (Entered: 09/24/2015)
2015-11-058MOTION to Dismiss Complaint by Commander, Dwight D. Eisenhower Army Medical Center, Department of the Army, Kelly Elder, Deborah Woods. Responses due by 11/23/2015. (Attachments: # 1 Exhibit A)(Crumby, Daniel) (Entered: 11/05/2015)
2015-11-06MOTION REFERRED: 8 MOTION to Dismiss Complaint (jah) (Entered: 11/06/2015)
2015-11-06Motion No Longer Referred: 8 MOTION to Dismiss Complaint (jah) (Entered: 11/06/2015)
2015-11-169CERTIFICATE OF SERVICE by Commander, Dwight D. Eisenhower Army Medical Center, Department of the Army, Kelly Elder, Deborah Woods re 8 MOTION to Dismiss Complaint (Crumby, Daniel) (Entered: 11/16/2015)
2016-01-0510ORDER directing the parties to conduct a Rule 26(f) Conference within fourteen (14) days of the date of this Order, and to file a joint 26(f) Report within seven (7) days of the date of the conference; and directing the Clerk to attach the standard "Rule 26(f) Report" to this Order. Signed by Magistrate Judge Brian K. Epps on 1/5/2016. (Attachments: # 1 Rule 26(f) Report (blank)) (jah) (Entered: 01/05/2016)
2016-01-0611MOTION to Stay re Set/Reset Deadlines, 10 Order, Discovery by Commander, Dwight D. Eisenhower Army Medical Center, Department of the Army, Kelly Elder, Deborah Woods. Responses due by 1/25/2016. (Attachments: # 1 Text of Proposed Order)(Crumby, Daniel) (Entered: 01/06/2016)
2016-01-06MOTIONS REFERRED: 11 MOTION to Stay re Set/Reset Deadlines, 10 Order, Discovery . (jah) (Entered: 01/06/2016)
2016-01-1312ORDER granting Defendants' 11 Motion to Stay, and staying all discovery in this action pending resolution of Defendant's motion to dismiss by the presiding District Judge. If the motion to dismiss is denied, the parties shall confer as required by Local Rule 26.1 within seven (7) days of the Court's ruling, and within fourteen (14) days of the ruling, they shall submit a joint Rule 26(f) report. Signed by Magistrate Judge Brian K. Epps on 01/13/2016. (thb) Modified on 1/26/2016 (jah). (Entered: 01/13/2016)
2016-04-2013MOTION to Substitute Attorney Daniel R. Crumby by Commander, Dwight D. Eisenhower Army Medical Center, Department of the Army, Kelly Elder, Deborah Woods. Responses due by 5/9/2016. (Attachments: # 1 Text of Proposed Order)(Statkus, Shannon) (Entered: 04/20/2016)
2016-04-2714ORDER granting Defendant's 13 Motion to Substitute Attorney Shannon Heath Statkus for Daniel R. Crumby. Attorney Daniel R. Crumby terminated. Signed by Judge J. Randal Hall on 4/27/2016. (jah) (Entered: 04/27/2016)
2016-05-1615ORDER deferring ruling on Defendants' 8 Motion to Dismiss until Plaintiff files a response to the motion, pursuant to Local Rule 7.5; determining that Plaintiff shall have fourteen (14) days from the date of this Order to respond to Defendants' motion to dismiss; and warning that if Plaintiff fails to respond, the Court will treat the motion as unopposed.. Signed by Judge J. Randal Hall on 5/16/2016. (jah) (Entered: 05/16/2016)
2016-05-16Reset Deadline as to Defendants' 8 MOTION to Dismiss Complaint . Plaintiff's response is due by 5/30/2016. (jah) (Entered: 05/16/2016)
2016-08-0816ORDER re Defendants' 8 MOTION to Dismiss Complaint , ordering Plaintiff to file a response to Defendants' motion to dismiss by 5:00 p.m. on August 12, 2016; and determining that Plaintiff is put on notice that, if she fails to respond to Defendants' motion, this case will be dismissed. Signed by Judge J. Randal Hall on 8/8/2016. (jah) (Entered: 08/08/2016)
2016-08-08Reset Deadline as to 8 MOTION to Dismiss Complaint . Response due by 8/12/2016. (jah) (Entered: 08/08/2016)
2016-08-1217RESPONSE to Defendants" 8 MOTION to Dismiss Complaint filed by Frances Glenda Lewis. (jah) (Entered: 08/12/2016)
2016-08-1618NOTICE of Intent to File Reply Brief by Commander, Dwight D. Eisenhower Army Medical Center, Department of the Army, Kelly Elder, Deborah Woods re 17 Response. (Statkus, Shannon) (Entered: 08/16/2016)
2016-08-2519REPLY to Response to Motion re 8 MOTION to Dismiss Complaint filed by Commander, Dwight D. Eisenhower Army Medical Center, Department of the Army, Kelly Elder, Deborah Woods. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Statkus, Shannon) (Entered: 08/25/2016)
2016-08-3020ORDER deferring ruling on Defendants' 8 Motion to Dismiss; directing that Plaintiff shall have until Friday, September 9, 2016 at 2:00 p.m. to respond to Defendants' mootness argument contained in their reply brief in support of their motion to dismiss; and determining that, after that date, the Court will rule on Defendants' motion to dismiss. Signed by Judge J. Randal Hall on 8/30/2016. (jah) (Entered: 08/30/2016)
2016-08-30Set Deadline: Compliance (Plaintiff's response to 20 Order dated 8/30/2016) due by 9/9/2016 @ 2:00 p.m. (jah) (Entered: 08/30/2016)
2016-09-0921RESPONSE to 20 Order on Motion to Dismiss, 19 Reply to Response to Motion, filed by Deborah Woods, Department of the Army, Commander, Dwight D. Eisenhower Army Medical Center, Kelly Elder by Frances Glenda Lewis. (jah) (Entered: 09/09/2016)
2016-09-1222OBJECTION to 21 Response, RESPONSE by Commander, Dwight D. Eisenhower Army Medical Center, Department of the Army, Kelly Elder, Deborah Woods. (Statkus, Shannon) (Entered: 09/12/2016)
2016-09-2123ORDER granting Defendants' 8 Motion to Dismiss; and directing that the Clerk shall terminate all motions and deadlines and close this case. Signed by Judge J. Randal Hall on 9/21/2016. (jah) (Entered: 09/21/2016)
2016-09-2124JUDGMENT entered in accordance with the Court's 23 Order dated September 21, 2016. Signed by Deputy Clerk on 9/21/2016. (jah) (Entered: 09/21/2016)
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by FOIA Project Staff
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