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Case TitleOVERHAUSER LAW OFFICES, LLC v. DEPARTMENT OF JUSTICE
DistrictSouthern District of Indiana
CityIndianapolis
Case Number1:2016cv01540
Date Filed2016-06-22
Date Closed2017-02-15
JudgeJudge Sarah Evans Barker
PlaintiffOVERHAUSER LAW OFFICES, LLC
Case DescriptionOverhauser Law Offices submitted a FOIA request to the Bureau of Prisons for records concerning contracts with Pepperball Technologies, Inc. The agency acknowledged receipt of the request and asked Overhauser to narrow its request to seven contracts. Overhauser agreed to narrow its request, but after hearing nothing further from the agency, Overhauser filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantDEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-06-221COMPLAINT for Injunctive and Declaratory Relief against DEPARTMENT OF JUSTICE, filed by OVERHAUSER LAW OFFICES, LLC. (Filing fee $400, receipt number 0756-3940389) (Attachments: # 1 Exhibit 1- Original FOIA request with attachment, # 2 Exhibit 2- BOA acknowledgement letter, # 3 Exhibit 3- Email narrowing request with attachment, # 4 Exhibit 4- First Letter Appeal, # 5 Exhibit 5- Response first letter appeal, # 6 Exhibit 6- Second letter appeal, # 7 Exhibit 7- Response to second letter appeal)(Overhauser, Paul) (Entered: 06/22/2016)
2016-06-222NOTICE of Appearance by Paul B. Overhauser on behalf of Plaintiff OVERHAUSER LAW OFFICES, LLC. (Overhauser, Paul) (Entered: 06/22/2016)
2016-06-223Proposed Summons submitted for issuance by the clerk as to DEPARTMENT OF JUSTICE. (Overhauser, Paul) (Entered: 06/22/2016)
2016-06-224NOTICE of Appearance by Kathrine D. Jack on behalf of Plaintiff OVERHAUSER LAW OFFICES, LLC. (Jack, Kathrine) (Entered: 06/22/2016)
2016-06-235Summons Issued as to DEPARTMENT OF JUSTICE. (AAM) (Entered: 06/23/2016)
2016-06-236MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AAM) (Entered: 06/23/2016)
2016-06-277***RESCINDED PER Entry 8 *** ORDER REASSIGNING CASE. Clerk is directed to reassign case to Judge Richard L. Young and Magistrate Judge Tim A. Baker for all further proceedings. This case is related to 1:14-ml-2570. Judge Sarah Evans Barker and Magistrate Judge Matthew P. Brookman no longer assigned to case. Signed by Judge Richard L. Young on 6/27/2016. (TMD) Modified on 6/27/2016 (TMD). (Entered: 06/27/2016)
2016-06-278ENTRY RESCINDING 7 Reassignment Order. Clerk DIRECTED to take no action regarding reassignment. Signed by Judge Richard L. Young on 6/27/2016.(TMD) (Entered: 06/27/2016)
2016-07-299NOTICE of Proof of Service , filed by Plaintiff OVERHAUSER LAW OFFICES, LLC (Attachments: # 1 Exhibit 1-Proof Of Service Department of Justice, # 2 Exhibit 2-Proof of Service US Attorneys Office) (Overhauser, Paul) (Entered: 07/29/2016)
2016-07-2910NOTICE of Parties' First Extension of Time, filed by Defendant DEPARTMENT OF JUSTICE. (Julian, Jill) (Entered: 07/29/2016)
2016-07-2911NOTICE of Appearance by Jill Z. Julian on behalf of Defendant DEPARTMENT OF JUSTICE. (Julian, Jill) (Entered: 07/29/2016)
2016-08-0312SCHEDULING ORDER: Initial Pretrial Conference set for 9/2/2016 02:45 PM (Eastern Time) in Telephonic before Magistrate Judge Matthew P. Brookman. The information needed for counsel to participate in this telephonic conference will be provided by a separate notification. No fewer than seven (7) days before the IPTC, counsel must file a proposed CMP. See Order for additional information. Signed by Magistrate Judge Matthew P. Brookman on 8/3/2016.(SWM) (Entered: 08/04/2016)
2016-08-2614Joint CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff OVERHAUSER LAW OFFICES, LLC . (Jack, Kathrine) (Entered: 08/26/2016)
2016-08-2615ANSWER to 1 Complaint , filed by DEPARTMENT OF JUSTICE.(Julian, Jill) (Entered: 08/26/2016)
2016-09-0216MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Initial Pretrial Conference held on 9/2/2016. Status Conference set for 9/21/2016 at 10:45 AM (Eastern Time) in Telephonic before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman. (TMB) (Entered: 09/02/2016)
2016-09-2118MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 9/21/2016. Plaintiff's motion regarding costs and attorney's fees shall be filed on or before October 31, 2016. The Defendant's response shall be filed on or before December 9, 2016. The Plaintiff's reply shall be filed on or before December 20, 2016. Status Conference set for 1/3/2017 at 10:30 AM (Eastern Time) in Telephonic before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman. (TMB) (Entered: 09/23/2016)
2016-10-3119MOTION for Attorney Fees and Costs , filed by Plaintiff OVERHAUSER LAW OFFICES, LLC. (Attachments: # 1 Exhibit 1 - Affidavit of Kathrine D. Jack, # 2 Exhibit 2 - Pepperball Technologies, Inc. - SEC Filing of January 9, 2012, # 3 Exhibit 3 - Proposed Order)(Jack, Kathrine) (Entered: 10/31/2016)
2016-12-0920RESPONSE in Opposition re 19 MOTION for Attorney Fees and Costs , filed by Defendant DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit 1-Third Amended Counterclaim, # 2 Exhibit 2-Plaintiff's Second Motion, # 3 Exhibit 3-Exhibit in Support, # 4 Exhibit 4-STS Energy Partners Memorandum Opinion)(Julian, Jill) (Entered: 12/09/2016)
2016-12-2021REPLY in Support of Motion re 19 MOTION for Attorney Fees and Costs , filed by Plaintiff OVERHAUSER LAW OFFICES, LLC. (Attachments: # 1 Exhibit 1 - Partial List of Cases Where Paul B. Overhauser Appeared, # 2 Exhibit 2 - Judgment Against Shamrock Building Services, Inc., # 3 Exhibit 3 - Declaration of Paul B. Overhauser)(Jack, Kathrine) (Entered: 12/20/2016)
2017-01-0623MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 1/6/2017. Parties were represented by counsel. No further orders are entered at this time. Signed by Magistrate Judge Matthew P. Brookman. (TMB) (Entered: 01/09/2017)
2017-01-2224ORDER: This cause is before the Court on the Plaintiff's Motion for Attorneys Fees and Costs. (Docket No. 19). The Court has been advised by counsel that an agreement has been reached as to counsels' dispute in the above-listed motion. Accordingly, the Motion for Attorneys Fees and Costs is DENIED, without prejudice, as moot. Parties shall file a stipulation indicating that an agreement has been reached within 30 days. Signed by Magistrate Judge Matthew P. Brookman on 1/22/2017. (SWM) (Entered: 01/23/2017)
2017-02-1425Unopposed MOTION to Dismiss , filed by Plaintiff OVERHAUSER LAW OFFICES, LLC. (Attachments: # 1 Text of Proposed Order 1 - Proposed Order of Dismissal)(Jack, Kathrine) (Entered: 02/14/2017)
2017-02-1526CLOSED DISMISSED with prejudice. Signed by Judge Sarah Evans Barker on 2/15/2017.(CBU) (Entered: 02/16/2017)
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by FOIA Project Staff
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