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Case TitleBotts v. U.S. Commodity Futures Trading Commission
DistrictEastern District of Virginia
CityNewport News
Case Number4:2015cv00122
Date Filed2015-11-12
Date Closed2016-10-07
JudgeDistrict Judge Robert G. Doumar
PlaintiffMichael K. Botts an Individual Residing in Williamsburg, VA
Case DescriptionMichael Botts submitted a FOIA request to the Commodity Futures Trading Commission for all records in Comment File 92-10 concerning the New York Mercantile Exchange Proposal to Implement NYMEX ACCESS Electronic Trading System. The agency responded to Botts' request, but withheld 120 pages. Botts appealed and the agency upheld its denial. Botts then complained to OGIS, but was unable to get anything further from the agency. He then filed suit.
Complaint issues: Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. Commodity Futures Trading Commission an Independent Federal Regulatory Agency in the District of Columbia
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-11-121COMPLAINT against U.S. Commodity Futures Trading Commission ( Filing fee $ 400, receipt number 44683006791.), filed by Michael K Botts. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt)(cchr) (Entered: 11/13/2015)
2015-11-132Three Summonses, each with service copy, Issued as to U.S. Commodity Futures Trading Commission, U.S. Attorney and U.S. Attorney General. Mailed service packages to pro se plaintiff. (Attachments: # 1 Civil Motions Procedures)(epri) (Entered: 11/13/2015)
2015-11-173Three Reissued Summonses, each with service copy, Issued as to U.S. Commodity Futures Trading Commission, U.S. Attorney and U.S. Attorney General. Mailed service packages to pro se plaintiff on 11.17.15. (Attachments: # 1 Civil Motions Procedures)(epri) (Entered: 11/17/2015)
2015-11-194Summonses Returned Unexecuted by Michael K Botts as to U.S. Commodity Futures Trading Commission. (Attachments: # 1 Envelope)(epri) (Entered: 11/19/2015)
2015-12-075SUMMONS Returned Executed by US Attorney as to U.S. Commodity Futures Trading Commission served on 12/1/2015. (Attachments: # 1 Envelope)(epri) (Entered: 12/08/2015)
2015-12-296MOTION for Extension of Time to File Response/Reply as to 1 Complaint by U.S. Commodity Futures Trading Commission. (Kelley, George) (Entered: 12/29/2015)
2016-01-157AMENDED COMPLAINT against U.S. Commodity Futures Trading Commission, filed by Michael K Botts.(epri) (Entered: 01/20/2016)
2016-01-158SUMMONS Returned Executed by Michael K Botts as to Attorney General. (epri) (Entered: 01/20/2016)
2016-01-159SUMMONS Returned Executed by Michael K Botts as to Secretary of the Commission. (epri) (Entered: 01/20/2016)
2016-01-2110ORDER: Defendant's Motion for Extension of Time to FileResponsive Pleadings, ECF No. 6, is DISMISSED as moot. Copies of Order sent as DIRECTED on 1.21.16. Signed by District Judge Robert G. Doumar on 1/21/2016. (epri) (Entered: 01/21/2016)
2016-01-2611MOTION for Extension of Time to File Answer re 10 Order on Motion for Extension of Time to File Response/Reply by U.S. Commodity Futures Trading Commission. (Kelley, George) (Entered: 01/26/2016)
2016-01-2912ORDER: Defendant's Motion for Extension, ECF No. 11, is GRANTED. Defendant is ORDERED to file its responsive pleadings to Plaintiff's First Amended Complaint on or before February 22, 2016. Copies of Order sent as DIRECTED on 1.29.16. Signed by District Judge Robert G. Doumar on 1/28/2016. (epri) (Entered: 01/29/2016)
2016-02-2213ANSWER to Complaint by U.S. Commodity Futures Trading Commission.(Kelley, George) (Entered: 02/22/2016)
2016-02-23Referred for 16(b) (epri) (Entered: 02/23/2016)
2016-03-2414RULE 26(f) PRETRIAL ORDER: Rule 16(b) Scheduling Conference set for 4/20/2016 at 10:00 AM in Norfolk Conference Room 3 (outside Mag 2). Signed by Magistrate Judge Robert J. Krask on 3/23/16 and filed 3/24/16. (Copy mailed to pro se Plaintiff) (lbax, ) (Entered: 03/24/2016)
2016-04-2115RULE 16(b) SCHEDULING ORDER: Final Pretrial Conference set for 10/27/2016 at 10:00 AM in Norfolk Grand Jury Courtroom; Bench Trial set for 11/7/2016 at 10:00 AM in Newport News Courtroom 1. Signed by District Judge Robert G. Doumar on 4/21/16 and filed 4/21/16. (Copy mailed to pro se plaintiff at address on docket sheet). (lbax, ) (Entered: 04/21/2016)
2016-09-0916NOTICE to Take Deposition of Joan E. Fina by U.S. Commodity Futures Trading Commission.(Kelley, George) (Entered: 09/09/2016)
2016-09-0917NOTICE to Take Deposition of Linda Maulden by U.S. Commodity Futures Trading Commission.(Kelley, George) (Entered: 09/09/2016)
2016-09-0918NOTICE to Take Deposition of Kylie Polson by U.S. Commodity Futures Trading Commission.(Kelley, George) (Entered: 09/09/2016)
2016-10-0319NOTICE of Settlement by U.S. Commodity Futures Trading Commission (Kelley, George) (Entered: 10/03/2016)
2016-10-0720ORDER DISMISSING CASE: It is ADJUDGED, ORDERED and DECREED that this case, and the causes of action and claims set forth therein, are dismissed with prejudice, with each side to bear its own costs, expenses, interest and attorney fees. Copies of Order sent as directed on 10.7.16. Signed by District Judge Robert G. Doumar and filed on 10/7/2016. (epri, ) (Entered: 10/07/2016)
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by FOIA Project Staff
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