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Case TitleRosiere v. United States of America
DistrictDistrict of Nevada
CityLas Vegas
Case Number2:2015cv02187
Date Filed2015-11-16
Date Closed2017-01-03
JudgeJudge Andrew P. Gordon
PlaintiffShaun Rosiere
Case DescriptionShaun Rosiere, a prisoner, submitted a FOIA request to the Department of Justice for records about his criminal case. After the agency failed to respond, Rosiere filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantUnited States of America
AppealNinth Circuit 16-17029
AppealNinth Circuit 17-15103
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [6]
Complaint
Opinion/Order [15]
Opinion/Order [42]
Opinion/Order [56]
Opinion/Order [58]
Opinion/Order [59]
Opinion/Order [66]
Opinion/Order [70]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-11-16Case assigned to Judge Andrew P. Gordon and Magistrate Judge George Foley, Jr. (RT) (Entered: 11/18/2015)
2015-11-161MOTION/APPLICATION for Leave to Proceed in Forma Pauperis by Petitioner Shaun Rosiere. (Attachments: # 1 Complaint)(NEV) (Entered: 11/18/2015)
2015-12-012PROPOSED SUMMONS to be issued filed by Petitioner Shaun Rosiere. (NEV) (Entered: 12/02/2015)
2016-01-133AMENDED APPLICATION for Leave to Proceed in forma pauperis by Petitioner Shaun Rosiere. (NEV) (Entered: 01/14/2016)
2016-01-134SUPPLEMENT to 3 Motion/Application for Leave to Proceed in forma pauperis by Petitioner Shaun Rosiere. (NEV) (Entered: 01/14/2016)
2016-03-035MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr., on 3/3/2016. CASE STATUS INQUIRIES: The Court will notify you as soon as any action is taken in your case. Due to the large number of civil actions pending before the Court, THE CLERK IS UNABLE TO RESPOND IN WRITING TO INDIVIDUAL INQUIRIES REGARDING THE STATUS OF YOUR CASE. As long as you keep the Court apprised of your current address, you will receive all Court decisions which might affect the status of your case. If you have not submitted a document required in your case, the Court will notify you. (Attachments: # 1 Letter) (Copies have been distributed pursuant to the NEF - NEV) (Attachment 1 replaced on 3/3/2016) (NEV). (Entered: 03/03/2016)
2016-04-136ORDER Granting Plaintiff's 1 and 3 Motion/Application for Leave to Proceed in forma pauperis. Plaintiff shall not be required to pay an initial partial filing fee. Even if this action is dismissed the full filing fee must still be paid. The Clerk of Court shall file the 1 -1 Complaint. The Clerk of the Court shall issue Summons to Defendant named in the Complaint and deliver the Summons to the U.S. Marshal for service. Plaintiff has 20 days to furnish the required forms to the U.S. Marshal. Signed by Magistrate Judge George Foley, Jr on 4/13/2016. (Copies have been distributed pursuant to the NEF - cc: Finance Dept and Chief of Inmate Services; USM 285 forms mailed to Petitioner - SLD) (Entered: 04/14/2016)
2016-04-137COMPLAINT against United States of America filed by Shaun Rosiere. Certificate of Interested Parties due by 4/23/2016. Proof of service due by 7/12/2016. (SLD) (Entered: 04/14/2016)
2016-04-148SUMMONS Issued as to United States of America. (hand delivered to USM for service - SLD) (Entered: 04/14/2016)
2016-04-189CERTIFICATE of Interested Parties filed by Shaun Rosiere. There are no known interested parties other than those participating in the case. (EW) (Entered: 04/20/2016)
2016-04-1910CERTIFICATE and NOTICE of Compliance by Shaun Rosiere. (SLD) (Entered: 04/20/2016)
2016-05-1711Certificate and Notice of Complaince by Shaun Rosiere. (TR) (Entered: 05/19/2016)
2016-06-0912SUMMONS Issued as to U.S. Attorney and U.S. Attorney General. (SLD) (Entered: 06/09/2016)
2016-07-1413CERTIFICATE OF SERVICE for 8 Summons Issued as to USA, 12 Summons Issued as to USA by Plaintiff Shaun Rosiere. (JM) (Entered: 07/15/2016)
2016-08-0314MOTION to Extend Time regarding dispositive matter (First Request) re 7 Complaint by Defendant United States of America. (Rose, Patrick) (Entered: 08/03/2016)
2016-08-0515ORDER Granting Defendant's 14 Motion to Extend Time. Defendant's response to Plaintiff's 7 Complaint due 8/12/2016. Signed by Magistrate Judge George Foley, Jr. on 08/05/2016. (Copies have been distributed pursuant to the NEF - NEV) (Entered: 08/05/2016)
2016-08-1216MOTION to Dismiss re 7 Complaint by Defendant United States of America. Responses due by 8/29/2016. (Attachments: # 1 Index Exhibit List, # 2 Exhibit A Docket Sheet 3:16-cv-00341 (D. NJ), # 3 Exhibit A-1 Complaint (D. NJ), # 4 Exhibit B Docket Sheet 1:16-cv-00143 (D. Colo.), # 5 Exhibit B-1 Complaint (D. Colo.), # 6 Exhibit B-2 Order of Dismissal (D. Colo.), # 7 Exhibit B-3 Order and Judgment (10th Cir. -. 16-1100), # 8 Exhibit C Docket Sheet 1:16-cv-001251 (D. Colo.), # 9 Exhibit C-1 Complaint (D. Colo.), # 10 Exhibit C-2 Order to Dismiss (D. Colo.))(Rose, Patrick) (Entered: 08/12/2016)
2016-08-1217MINUTE ORDER IN CHAMBERS Regarding the Requirements of Klingele v. Eikenberry and Rand v. Rowland as to 16 Motion to Dismiss,,. Opposition due 14 days from the date of this Minute Order, and reply due seven 7 days after the filing of the opposition. Signed by Judge Andrew P. Gordon on 8/12/2016. (Copies have been distributed pursuant to the NEF - EDS) (Entered: 08/12/2016)
2016-08-2318MOTION for Clarification by Plaintiff Shaun Rosiere. Responses due by 9/9/2016. (JM) (Entered: 08/24/2016)
2016-09-0219RESPONSE to 18 Motion for Clarification filed by Defendant United States of America. Replies due by 9/12/2016. (Rose, Patrick) (Entered: 09/02/2016)
2016-09-1220REPLY to Response to 19 Motion, RESPONSE to 16 Motion filed by Plaintiff Shaun Rosiere. (NEV) Modified link on 10/4/2016 (JM). (Entered: 09/12/2016)
2016-09-1921MOTION for Summary Judgment by Plaintiff Shaun Rosiere. Responses due by 10/13/2016. Discovery Plan/Scheduling Order due by 11/3/2016. (JM) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. (Entered: 09/19/2016)
2016-09-1922MINUTE ORDER IN CHAMBERS Regarding the Requirements of Klingele v. Eikenberry and Rand v. Rowland as to 21 Motion for Summary Judgment,. Opposition due 21 days from the date of this Minute Order, and reply due 14 days after the filing of the opposition. Signed by Judge Andrew P. Gordon on 9/19/16. (Copies have been distributed pursuant to the NEF - JM) (Entered: 09/19/2016)
2016-09-1923MOTION to Compel Discovery by Plaintiff Shaun Rosiere. Responses due by 10/6/2016. (JM) (Entered: 09/19/2016)
2016-09-2025SUBPOENA Returned Executed as to USA (JM) (Entered: 09/23/2016)
2016-09-2124MINUTE ORDER IN CHAMBERS of the Honorable Judge Andrew P. Gordon, on 9/21/2016. RE: 18 Motion for Clarification is DENIED. (no image attached) (Copies have been distributed pursuant to the NEF - CS) (Entered: 09/21/2016)
2016-10-0326MOTION to Stay Proceedings Pending Ruling on 16 Motion to Dismiss by Defendant United States of America. (Rose, Patrick) (Entered: 10/03/2016)
2016-10-0427RESPONSE to 26 Motion to Stay, filed by Plaintiff Shaun Rosiere. Replies due by 10/14/2016. (JM) (Entered: 10/04/2016)
2016-10-0428MOTION to Strike 26 Motion to Stay by Plaintiff Shaun Rosiere. Responses due by 10/21/2016. (JM) (Entered: 10/04/2016)
2016-10-0429MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr. on 10/4/2016. By Deputy Clerk: Ivy Hensel. RE: 26 Motion to Stay, 23 Motion to Compel. The Court orders that the response deadline for Plaintiff's Motion to Compel (ECF No. 23) is hereby STAYED until Defendant's Motion to Stay (ECF No. 26) is fully briefed. (no image attached) (Copies have been distributed pursuant to the NEF - IH) (Entered: 10/04/2016)
2016-10-1230RESPONSE to 26 Motion to Stay, filed by Plaintiff Shaun Rosiere. Replies due by 10/22/2016. (JM) (Entered: 10/14/2016)
2016-10-1231MOTION for Judgment by Plaintiff Shaun Rosiere. Responses due by 10/29/2016. (JM) (Entered: 10/14/2016)
2016-10-1233MOTION to Correct Docket 31 Motion for Judgment. by Plaintiff Shaun Rosiere. Responses due by 10/29/2016. (JM) (Entered: 10/17/2016)
2016-10-1432REPLY to Response to 26 Motion to Stay filed by Defendant United States of America. (Attachments: # 1 Exhibit A. New Jersey Motion for Summary Judgment and Compel Discovery, # 2 Exhibit B. Letter to Court requesting stay, # 3 Exhibit C. Order granting Stay and denying Motion for Summary Judgment and Compel Discovery, # 4 Exhibit D. Bureau of Prisons Inmate Locator)(Rose, Patrick) (Entered: 10/14/2016)
2016-10-1734NOTICE OF RELATED CASES 2:16-cv-02286-GMN-PAL by Defendant United States of America. (Rose, Patrick) (Entered: 10/17/2016)
2016-10-1735SUR REPLY to 26 Motion to Stay, filed by Plaintiff Shaun Rosiere. Replies due by 10/27/2016. (JM) (Additional attachment(s) added on 10/19/2016: # 1 Errata) (JM). (Entered: 10/18/2016)
2016-10-1936MOTION to Correct the Docket filed by Plaintiff Shaun Rosiere. (JM) Modified event on 10/20/2016 (EDS). (Entered: 10/20/2016)
2016-10-2037ORDER denying as moot 33 Motion to Amend/Correct. Signed by Magistrate Judge George Foley, Jr on 10/20/2016. (Copies have been distributed pursuant to the NEF - JM) (Entered: 10/20/2016)
2016-10-2038RESPONSE to 28 Motion to Strike, filed by Defendant United States of America. Opposition Replies due by 10/30/2016. (Rose, Patrick) (Entered: 10/20/2016)
2016-10-2539MOTION to Strike 35 Response to Motion by Defendant United States of America. Responses due by 11/11/2016. (Attachments: # 1 Exhibit Judgment in a Criminal Case)(Rose, Patrick) (Entered: 10/25/2016)
2016-10-2540MOTION to Stay by Plaintiff Shaun Rosiere. (JM) (Entered: 10/25/2016)
2016-10-2541MOTION to Stay by Plaintiff Shaun Rosiere. (JM) (Entered: 10/25/2016)
2016-10-2742ORDER granting 26 Motion to Stay. Signed by Magistrate Judge George Foley, Jr on 10/27/16. (Copies have been distributed pursuant to the NEF - JM) (Entered: 10/27/2016)
2016-10-2743ORDER denying as moot 36 Motion to Amend/Correct. Signed by Magistrate Judge George Foley, Jr on 10/27/2016. (Copies have been distributed pursuant to the NEF - JM) (Entered: 10/27/2016)
2016-10-2844MOTION to Withdraw Complaint by Plaintiff Shaun Rosiere. Responses due by 11/14/2016. (JM) (Entered: 10/28/2016)
2016-10-3145MOTION for Sanctions by Plaintiff Shaun Rosiere. Responses due by 11/17/2016. (JM) (Entered: 10/31/2016)
2016-10-3146MOTION for Sanctions by Plaintiff Shaun Rosiere. Responses due by 11/17/2016. (JM) (Entered: 10/31/2016)
2016-10-3147MOTION for Sanctions by Plaintiff Shaun Rosiere. Responses due by 11/17/2016. (JM) (Entered: 10/31/2016)
2016-10-3148MOTION for Sanctions by Plaintiff Shaun Rosiere. Responses due by 11/17/2016. (JM) (Entered: 10/31/2016)
2016-10-3149MOTION re Jurisdiction by Plaintiff Shaun Rosiere. Responses due by 11/17/2016. (JM) (Entered: 10/31/2016)
2016-10-3150MOTION to Hold Action re 44 Motion to Dismiss by Plaintiff Shaun Rosiere. Responses due by 11/17/2016. (JM) (Entered: 10/31/2016)
2016-11-0151NOTICE OF APPEAL as to 42 Order on Motion to Stay by Plaintiff Shaun Rosiere. E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. (JM) (Entered: 11/02/2016)
2016-11-0352USCA ORDER for Time Schedule as to 51 Notice of Appeal filed by Shaun Rosiere. USCA Case Number 16-17029 . (SLD) (Entered: 11/04/2016)
2016-11-1553LIMITED RESPONSE to 44 Motion to Dismiss, filed by Defendant United States of America. Replies due by 11/25/2016. (Rose, Patrick) . (Entered: 11/15/2016)
2016-11-1554ORDER of USCA, Ninth Circuit as to 51 Notice of Appeal. DISMISSED. (SLD) (Entered: 11/16/2016)
2016-11-3055ORDER denying 39 Defendant's Motion to Strike Plaintiff'S Surreply. Signed by Magistrate Judge George Foley, Jr on 11/30/2016. (Copies have been distributed pursuant to the NEF - IH) (Entered: 11/30/2016)
2016-11-3056ORDER denying 28 Motion to Strike. Signed by Magistrate Judge George Foley, Jr on 11/30/2016. (Copies have been distributed pursuant to the NEF - JM) (Entered: 11/30/2016)
2016-12-0157ORDER denying 23 Plaintiff's Motion to Compel without prejudice as moot. Per ECF No. 42, the Court granted Defendant's Motion to Stay pending a ruling on its Motion to Dismiss. Therefore, this matter is stayed and the Court denies Plaintiff's Motion to Compel without prejudice as moot. Signed by Magistrate Judge George Foley, Jr. on 12/1/2016. (Copies have been distributed pursuant to the NEF - IH) (Entered: 12/01/2016)
2016-12-0158ORDER denying 40 Motion to Stay.; denying 41 Motion to Stay. Signed by Magistrate Judge George Foley, Jr on 12/1/2016. (Copies have been distributed pursuant to the NEF - JM) (Entered: 12/01/2016)
2017-01-0359ORDER denying 31 Motion for Judgment.; denying 44 Motion to Dismiss.; denying 45 Motion for Sanctions.; denying 46 Motion for Sanctions.; denying 47 Motion for Sanctions.; denying 48 Motion for Sanctions.; denying 49 Motion.; denying 50 Motion.; granting 16 Motion to Dismiss.; denying 21 Motion for Summary Judgment.; Case terminated. FURTHER ORDERED that leave to proceed in forma pauperis on appeal is denied. Signed by Judge Andrew P. Gordon on 1/3/2017. (Copies have been distributed pursuant to the NEF - JM) (Entered: 01/04/2017)
2017-01-0460CLERK'S JUDGMENT in favor of United States of America against Shaun Rosiere. Signed by Clerk of Court Debra K. Kempi on 1/4/2017. (Copies have been distributed pursuant to the NEF - JM) (Entered: 01/04/2017)
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by FOIA Project Staff
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