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Case TitleBUTLER v. UNITED STATES DEPARTMENT OF LABOR et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv01115
Date Filed2016-06-14
Date Closed2018-10-18
JudgeJudge Christopher R. Cooper
PlaintiffSHEILA DARLENE BUTLER
Case DescriptionSheila Butler submitted a FOIA request to the Occupational Safety and Health Administration for records concerning the agency's investigation of a natural gas fire that resulted in the death of Butler's husband. The agency redacted portions of the report under Exemption 7(C) (invasion of privacy concerning law enforcement records) and Exemption 7(D) (confidential sources). Butler appealed the agency's redactions, but after hearing nothing further from the agency, she filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF LABOR
DefendantOCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [27]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-06-141COMPLAINT against ALL DEFENDANTS ( Filing fee $ 400 receipt number 0090-4567429) filed by SHEILA DARLENE BUTLER. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Eubanks, Sharon) (Entered: 06/14/2016)
2016-06-15Case Assigned to Judge Christopher R. Cooper. (md) (Entered: 06/15/2016)
2016-07-012SUMMONS (4) Issued Electronically as to OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent) (md) (Entered: 07/01/2016)
2016-08-033AFFIDAVIT IN SUPPORT OF DEFAULT by SHEILA DARLENE BUTLER. (Eubanks, Sharon) (Entered: 08/03/2016)
2016-08-04NOTICE OF ERROR re 3 Affidavit; emailed to Seubanks@bordaslaw.com, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. The Return of Services have not been filed. You need the service from the US Attorney, US Attorney General and defendants before you can file for default. (ztd, ) (Entered: 08/04/2016)
2016-08-044RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General June 24, 2016. (Eubanks, Sharon) (Entered: 08/04/2016)
2016-08-195NOTICE of Appearance by William Mark Nebeker on behalf of OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR (Nebeker, William) (Entered: 08/19/2016)
2016-09-086ANSWER to Complaint by OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR.(Nebeker, William) (Entered: 09/08/2016)
2016-10-25MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. Since the requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure do not apply, it is hereby ORDERED that the parties shall confer and file a joint proposed schedule for briefing or disclosure by November 8, 2016. Signed by Judge Christopher R. Cooper on 10/25/2016. (lccrc3) (Entered: 10/25/2016)
2016-10-26Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 11/8/2016. (zlsj) (Entered: 10/26/2016)
2016-11-087PROPOSED BRIEFING SCHEDULE re Order, (Joint) by OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR. (Nebeker, William) (Entered: 11/08/2016)
2016-12-01MINUTE ORDER adopting 7 Joint Proposed Briefing Schedule: Defendants shall file an initial Vaughn index by 12/15/2016. Plaintiff shall indicate what issues remain to be litigated by 1/13/2017. Defendant shall file a dispositive motion by 2/13/2017. Plaintiff shall file her opposition and cross-motion for summary judgment by 3/13/2017. Defendant shall file any Reply and Opposition by 4/13/2017. Plaintiff shall file any Reply by 5/1/2017. Signed by Judge Christopher R. Cooper on 12/1/2016. (lccrc3) (Entered: 12/01/2016)
2016-12-02Set/Reset Deadlines: Vaughn Index due by 12/15/2016. Simplification of Issues due by 1/13/2017. Dispositive Motions due by 2/13/2017. Response to Dispositive Motions due by 3/13/2017. Reply to Dispositive Motions due by 4/13/2017. Replies due by 5/1/2017. (zlsj) (Entered: 12/02/2016)
2016-12-158NOTICE Of Filing Vaughn Index by OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR re Set/Reset Deadlines, (Attachments: # 1 Exhibit Vaughn Index)(Nebeker, William) (Entered: 12/15/2016)
2017-01-119NOTICE and statement of issues to be litigated by SHEILA DARLENE BUTLER re Order,, (Eubanks, Sharon) (Entered: 01/11/2017)
2017-02-1310MOTION to Dismiss Or, In The Alternative , MOTION for Summary Judgment by OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR (Attachments: # 1 Declaration Plick, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Text of Proposed Order)(Nebeker, William) (Entered: 02/13/2017)
2017-03-1311Cross MOTION for Summary Judgment and opposition to Defendants' Motion to Dismiss and summary judgment by SHEILA DARLENE BUTLER (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit, # 4 Statement of Genuine Issues, # 5 Text of Proposed Order)(Eubanks, Sharon) (Entered: 03/13/2017)
2017-03-1312Memorandum in opposition to re 10 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment filed by SHEILA DARLENE BUTLER. (See Docket Entry No. 11 to view document.) (td) (Entered: 03/14/2017)
2017-03-14NOTICE OF ERROR re 11 Motion for Summary Judgment; emailed to Seubanks@bordaslaw.com, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. In the future, please make sure that you all events/parts related to your filings. The Court has made the second entry for this particular filing 12 . (td, ) (Entered: 03/14/2017)
2017-03-3013Unopposed MOTION for Extension of Time to Complete Briefing by OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 03/30/2017)
2017-04-06MINUTE ORDER: In lieu of indefinitely staying the briefing schedule on the parties' pending cross-motions for summary judgment, the Court hereby ORDERS that Defendants' 13 Motion for Extension of Time to Complete Briefing is DENIED, and that Defendants' 10 Motion for Summary Judgment and Plaintiff's 11 Cross-Motion for Summary Judgment are also DENIED, without prejudice. The parties shall file a joint status report on or before June 9, 2017, detailing Defendants' progress in searching for and producing the additional records discussed in the motion to extend the current briefing schedule, and informing the Court of any disputed issues that remain. If any issues remain in dispute, the parties shall include in the joint status report a proposed schedule for renewing their respective summary judgment motions. So ordered. Signed by Judge Christopher R. Cooper on 4/6/2017. (lccrc3) (Entered: 04/06/2017)
2017-04-07Set/Reset Deadlines: Status Report due by 6/9/2017 (zlsj) (Entered: 04/07/2017)
2017-06-0814Joint STATUS REPORT by OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR. (Nebeker, William) (Entered: 06/08/2017)
2017-07-1015Joint STATUS REPORT by OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR. (Nebeker, William) (Entered: 07/10/2017)
2017-07-10MINUTE ORDER: Pursuant to the parties' 15 Joint Status Report, it is hereby ORDERED that the parties file another joint status report with the Court, on or before August 23, 2017, advising the Court of the need for further proceedings in the case. Signed by Judge Christopher R. Cooper on 7/10/2017. (lccrc3) (Entered: 07/10/2017)
2017-07-11Set/Reset Deadlines: Joint Status Report due by 8/23/2017 (lsj) (Entered: 07/11/2017)
2017-08-2316Joint STATUS REPORT by SHEILA DARLENE BUTLER. (Eubanks, Sharon) (Entered: 08/23/2017)
2017-08-25MINUTE ORDER: Pursuant to the parties' 16 Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report with the Court on or before September 19, 2017. Signed by Judge Christopher R. Cooper on 8/25/2017. (lccrc3) (Entered: 08/25/2017)
2017-08-25Set/Reset Deadlines: Status Report due by 9/19/2017 (zlsj) (Entered: 08/25/2017)
2017-09-1517Joint STATUS REPORT by OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR. (Nebeker, William) (Entered: 09/15/2017)
2017-09-19MINUTE ORDER: Pursuant to the parties' 17 Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report with the Court on or before October 19, 2017. Signed by Judge Christopher R. Cooper on 9/19/2017. (lccrc3) (Entered: 09/19/2017)
2017-09-19Set/Reset Deadlines: Joint Status Report due by 10/19/2017 (lsj) (Entered: 09/19/2017)
2017-10-1918Joint STATUS REPORT by OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR. (Nebeker, William) (Entered: 10/19/2017)
2017-10-20MINUTE ORDER: In light of the parties' 18 Joint Status Report, it is hereby ORDERED that Defendant shall file a dispositive motion on or before November 29, 2017; Plaintiff shall file any opposition and cross-motion on or before December 15, 2017; Defendant shall file its reply and opposition to the cross-motion on or before January 15, 2018; and Plaintiff shall file any reply to the opposition to the cross-motion on or before February 7, 2018. Signed by Judge Christopher R. Cooper on 10/20/17. (lccrc3) (Entered: 10/20/2017)
2017-10-20Set/Reset Deadlines: Dispositive Motions due by 11/29/2017. Response to Dispositive Motions due by 12/15/2017. Reply to Dispositive Motions due by 1/15/2018. Replies due by 2/7/2018. (lsj) (Entered: 10/20/2017)
2017-11-2919MOTION for Summary Judgment (Renewed) by OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR (Attachments: # 1 Affidavit Second Plick Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Text of Proposed Order)(Nebeker, William) (Entered: 11/29/2017)
2017-12-1520Cross MOTION for Summary Judgment by SHEILA DARLENE BUTLER (Attachments: # 1 Statement of Facts statement of genuine issues, # 2 Exhibit exhibits to statement of genuine issues, # 3 Statement of Facts statement of material facts, # 4 Text of Proposed Order Proposed order)(Eubanks, Sharon) (Entered: 12/15/2017)
2017-12-1521Memorandum in opposition to re 19 MOTION for Summary Judgment (Renewed) filed by SHEILA DARLENE BUTLER; (See docket entry no. 20 to view) (td) (Entered: 12/18/2017)
2017-12-18NOTICE OF ERROR re 20 Motion for Summary Judgment; emailed to Seubanks@bordaslaw.com, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. Please remember to docket all parts of your document, if it requires multiple events. (ztd, ) (Entered: 12/18/2017)
2018-01-1022Unopposed MOTION for Extension of Time to File Response/Reply as to 20 Cross MOTION for Summary Judgment and opposition to defendants' renewed motion for summary judgment by OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 01/10/2018)
2018-01-12MINUTE ORDER granting 22 Motion for Extension of Time to File Response/Reply. Defendants shall respond to Plaintiff's cross-motion and opposition on or before February 1, 2018; Plaintiff shall file any reply to the opposition to the cross-motion on or before February 23, 2018. Signed by Judge Christopher R. Cooper on 1/12/2018. (lccrc3) (Entered: 01/12/2018)
2018-01-16Set/Reset Deadlines: Defendants' Responses due by 2/1/2018. Plaintiff's Reply due by 2/23/2018. (lsj) (Entered: 01/16/2018)
2018-02-0123Memorandum in opposition to re 20 Cross MOTION for Summary Judgment < filed by OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR. (Attachments: # 1 Declaration Second Plick, # 2 Declaration Wilson, # 3 Exhibit I, # 4 Text of Proposed Order)(Nebeker, William) (Entered: 02/01/2018)
2018-02-0124REPLY to opposition to motion re 19 MOTION for Summary Judgment (Renewed) (Same Memorandum as ECF No. 23) filed by OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR. (Nebeker, William) (Entered: 02/01/2018)
2018-02-2325REPLY to opposition to motion re 20 Cross MOTION for Summary Judgment and opposition to defendants' renewed motion for summary judgment filed by SHEILA DARLENE BUTLER. (Eubanks, Sharon) (Entered: 02/23/2018)
2018-07-2626ORDER granting in part and denying in part 19 Defendants' Motion for Summary Judgment and granting in part and denying in part 20 Plaintiff's Cross-Motion for Summary Judgment. Signed by Judge Christopher R. Cooper on 7/26/2018. (lccrc3) (Entered: 07/26/2018)
2018-07-2627MEMORANDUM OPINION re 26 Order. Signed by Judge Christopher R. Cooper on 7/26/2018. (lccrc3) (Entered: 07/26/2018)
2018-07-26Set/Reset Deadlines: Joint Status Report due by 9/24/2018 (lsj) (Entered: 07/26/2018)
2018-09-2428Joint STATUS REPORT by SHEILA DARLENE BUTLER. (Eubanks, Sharon) (Entered: 09/24/2018)
2018-09-26MINUTE ORDER: Upon consideration of the parties' 28 Joint Status Report, it is hereby ORDERED that the parties shall file a further status report on or before October 9, 2018. Signed by Judge Christopher R. Cooper on 09/26/2018. (lccrc3) (Entered: 09/26/2018)
2018-09-26Set/Reset Deadlines: Joint Status Report due by 10/9/2018 (lsj) (Entered: 09/26/2018)
2018-10-0929Joint STATUS REPORT by OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR. (Nebeker, William) (Entered: 10/09/2018)
2018-10-10MINUTE ORDER: Upon consideration of the parties' 29 Joint Status Report, it is hereby ORDERED that the parties shall file a further status report on or before October 19, 2018. Signed by Judge Christopher R. Cooper on 10/10/2018. (lccrc3) (Entered: 10/10/2018)
2018-10-10Set/Reset Deadlines: Status Report due by 10/19/2018. (znbn) (Entered: 10/11/2018)
2018-10-1830STIPULATION of Dismissal by OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR. (Nebeker, William) (Entered: 10/18/2018)
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