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Case TitleSAVAGE v. BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv01212
Date Filed2016-06-21
Date Closed2017-12-15
JudgeJudge Trevor N. McFadden
PlaintiffLEN SAVAGE
Case DescriptionLen Savage, a licensed gun dealer, submitted a FOIA request to the Bureau of Alcohol, Tobacco and Firearms for records concerning petitions submitted to the agency from the National Firearms Trade & Collectors Association. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Savage filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantBUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-06-211CIVIL COVER SHEET by LEN SAVAGE filed by LEN SAVAGE.(Stamboulieh, Stephen) (Entered: 06/21/2016)
2016-06-212COMPLAINT against BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES ( Filing fee $ 400 receipt number 0090-4574256) filed by LEN SAVAGE. (Attachments: # 1 Exhibit NFATCA FOIA to BATFE, # 2 Exhibit Faxed Request, # 3 Exhibit BATFE Acknolwedgment, # 4 Summons)(Stamboulieh, Stephen) (Entered: 06/21/2016)
2016-06-21Case Assigned to Judge Christopher R. Cooper. (sth) (Entered: 06/21/2016)
2016-06-213SUMMONS (1) Issued Electronically as to BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES. (Attachments: # 1 Summons)(sth) (Entered: 06/21/2016)
2016-07-054RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/27/2016. ( Answer due for ALL FEDERAL DEFENDANTS by 7/27/2016.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES served on 6/27/2016, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/27/2016. (Attachments: # 1 Return Receipts ATF and AG, # 2 Delivery Confirmation for US Attorney, # 3 Proof of mailings)(Stamboulieh, Stephen) (Entered: 07/05/2016)
2016-07-075NOTICE of Appearance by William Mark Nebeker on behalf of BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES (Nebeker, William) (Entered: 07/07/2016)
2016-07-266MOTION for Extension of Time to File Answer re 2 Complaint, by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 07/26/2016)
2016-07-277RESPONSE re 6 MOTION for Extension of Time to File Answer re 2 Complaint, consenting to 30 day extension filed by LEN SAVAGE. (Attachments: # 1 Text of Proposed Order)(Stamboulieh, Stephen) (Entered: 07/27/2016)
2016-08-01MINUTE ORDER re 6 Motion for Extension of Time to Answer: Pursuant to Federal Rule of Civil Procedure 12(a)(2), United States agencies have 60 days to answer a complaint following service on the United States attorney. Because it appears that service was effected on June 27, 2016, the Defendant agency's answer is due August 26, 2016. It is hereby ORDERED that Defendant's deadline to answer be extended 30 days, until September 26, 2016. Because the requirements of LCvR 16.3 and Federal Rule of Civil Procedure 26(f) do not apply, it is further ORDERED that, within 14 days of the answer's filing, the parties confer and file a joint proposed schedule for briefing or disclosure. Signed by Judge Christopher R. Cooper on 8/1/16. (lccrc1) (Entered: 08/01/2016)
2016-08-02Set/Reset Deadlines: ORDERED that Defendant's deadline to answer be extended 30 days, until September 26, 2016. Because the requirements of LCvR 16.3 and Federal Rule of Civil Procedure 26(f) do not apply, it is further ORDERED that, within 14 days of the answer's filing, the parties confer and file a joint proposed schedule for briefing or disclosure. Signed by Judge Christopher R. Cooper on 8/1/16. (Proposed Briefing Schedule due by 10/11/2016) (lsj) (Entered: 08/02/2016)
2016-08-03MINUTE ORDER CORRECTING MINUTE ORDER DATED AUGUST 1, 2016: Because it appears that service was effected on June 27, 2016, the Defendant agency's answer was due July 27, 2016, pursuant to 5 U.S.C. § 552(a)(4)(C). It is hereby ORDERED that Defendant's deadline to answer be extended 60 days, until September 26, 2016. Because the requirements of LCvR 16.3 and Federal Rule of Civil Procedure 26(f) do not apply, it is further ORDERED that, within 14 days of the answer's filing, the parties confer and file a joint proposed schedule for briefing or disclosureSigned by Judge Christopher R. Cooper on 8/3/16. (lccrc1) (Entered: 08/03/2016)
2016-09-268ANSWER to Complaint by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES.(Nebeker, William) (Entered: 09/26/2016)
2016-10-119Joint STATUS REPORT by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES. (Nebeker, William) (Entered: 10/11/2016)
2016-10-12SCHEDULING ORDER: In light of the 9 Joint Status Report, it is hereby ORDERED that production shall proceed according to the timeline proposed by the Parties. It is further ORDERED that any briefing shall be submitted according to the following schedule: any dispositive motion shall be submitted no later than July 10, 2017; any cross-motion/opposition to the dispositive motion shall be submitted no later than August 9, 2017; any opposition to the cross-motion/reply in support of the dispositive motion shall be submitted no later than August 25, 2017; and any reply in support of the cross-motion shall be submitted no later than September 8, 2017. Signed by Judge Christopher R. Cooper on 10/12/2016. (lccrc1) (Entered: 10/12/2016)
2016-10-13Set/Reset Deadlines: Dispositive Motions due by 7/10/2017. Response to Dispositive Motions due by 8/9/2017. Reply to Dispositive Motions due by 8/25/2017. Responses to Cross Motions due by 9/8/2017. (lsj) (Entered: 10/13/2016)
2017-06-2910Unopposed MOTION for Extension of Time to File Dispositive Motion by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 06/29/2017)
2017-06-30MINUTE ORDER granting 10 Motion for Extension of Time: It is hereby ORDERED that Defendant shall file a dispositive motion no later than October 10, 2017. Signed by Judge Christopher R. Cooper on 6/30/2017. (lccrc1) (Entered: 06/30/2017)
2017-10-0511Unopposed MOTION for Extension of Time to File Dispositive Motions by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 10/05/2017)
2017-10-06MINUTE ORDER granting 11 Defendant's Motion for Extension of Time to File Motion. Defendant shall file a motion for summary judgment on or before November 9, 2017. If a motion is filed, Plaintiff's response and cross-motion are due on or before December 8, 2017; Defendant's opposition and reply are due on or before January 4, 2018; and Plaintiff's reply is due on or before January 18, 2018. Signed by Judge Christopher R. Cooper on 10/6/2017. (lccrc1) (Entered: 10/06/2017)
2017-10-10Set/Reset Deadlines: Summary Judgment motions due by 11/9/2017. Response to Motion for Summary Judgment due by 12/8/2017. Reply to Motion for Summary Judgment due by 1/4/2018. Plaintiff's Replies due by 1/18/2018. (lsj) (Entered: 10/10/2017)
2017-10-1912Unopposed MOTION for Extension of Time to File Dispositive Motion by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 10/19/2017)
2017-10-20MINUTE ORDER granting 12 Defendant's Unopposed Motion for Enlargement of Time. Defendant shall file any motion for summary judgment on or before December 15, 2017. Signed by Judge Christopher R. Cooper on 10/20/2017. (lccrc1) (Entered: 10/20/2017)
2017-11-01Case directly reassigned to Judge Trevor N. McFadden. Judge Christopher R. Cooper is no longer assigned to the case. (ztnr) (Entered: 11/01/2017)
2017-11-16MINUTE ORDER: In light of the recent assignment of this case to Judge McFadden, the parties are advised that the pre-existing schedule for this case remains in effect. The parties shall comply with all deadlines as previously ordered. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/16/2017. (lctnm1) (Entered: 11/16/2017)
2017-12-1413STIPULATION of Dismissal and Settlement by LEN SAVAGE. (Stamboulieh, Stephen) (Entered: 12/14/2017)
2017-12-15MINUTE ORDER: Upon consideration of the parties' 13 Stipulation of Dismissal and Settlement, this matter is DISMISSED with prejudice per the terms of the stipulation. The Clerk of Court is directed to close the case. Signed by Judge Trevor N. McFadden on December 15, 2017. (lctnm1) (Entered: 12/15/2017)
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