| Date Filed | Doc # | Docket Text |
|
| 2016-09-23 | 1 | Complaint. Filing fee in the amount of $400 collected. Receipt No. 10906. Jury Trial Requested: No. Filed by Steven Smith against All Defendants (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet). (jk) (Entered: 09/23/2016) |
| 2016-09-23 | 2 | Notice of Case Assignment to Magistrate Judge Thomas M. Coffin and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5 . Discovery is to be completed by 1/23/2017. Joint Alternate Dispute Resolution Report is due by 2/21/2017. Pretrial Order is due by 2/21/2017. Ordered by Magistrate Judge Thomas M. Coffin. (jk) (Entered: 09/23/2016) |
| 2016-09-23 | 3 | Clerk's Notice of Mailing to Smith of Discovery order, 2 . (jk) (Entered: 09/23/2016) |
| 2016-10-06 | 4 | Summons Issued Electronically as to U.S. Department of Justice, U.S. Department of Transportation. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (ljb) (Entered: 10/07/2016) |
| 2016-11-16 | 5 | Answer to 1 Complaint . Filed by U.S. Department of Justice, U.S. Department of Transportation. (Danielson, Kevin) (Entered: 11/16/2016) |
| 2016-12-06 | 6 | Amended Complaint. Filed by Steven Smith against U.S. Department of Justice, U.S. Department of Transportation. (ljb) (Entered: 12/06/2016) |
| 2016-12-19 | 7 | Answer to 6 Amended Complaint . Filed by U.S. Department of Justice, U.S. Department of Transportation. (Danielson, Kevin) (Entered: 12/19/2016) |
| 2017-01-25 | 9 | Motion for Partial Summary Judgment and Memorandum and plaintiff's Declaration in Support. Filed by Steven Smith. (ljb) (Entered: 01/31/2017) |
| 2017-01-30 | 8 | Motion to Set Pretrial Deadlines . Filed by U.S. Department of Justice, U.S. Department of Transportation. (Danielson, Kevin) (Entered: 01/30/2017) |
| 2017-02-14 | 10 | Response in Opposition to Motion to Set Pretrial Deadlines 8 . Filed by Steven Smith. (ljb) (Entered: 02/14/2017) |
| 2017-02-15 | 11 | Response to Motion for Partial Summary Judgment 9 . Filed by U.S. Department of Justice. (Danielson, Kevin) (Entered: 02/15/2017) |
| 2017-02-15 | 12 | Declaration of Michelle Volker in Support of Defendant's Response to Plaintiff's Motion for Partial Summary Judgment . Filed by U.S. Department of Justice. (Related document(s): Response to Motion 11 .) (Danielson, Kevin) (Entered: 02/15/2017) |
| 2017-02-15 | 13 | Motion for Extension of Time to File a Response/Reply to Motion for Partial Summary Judgment 9 . Filed by U.S. Department of Transportation. (Danielson, Kevin) (Entered: 02/15/2017) |
| 2017-02-16 | 14 | Cross Motion for Summary Judgment . Filed by U.S. Department of Justice. (Danielson, Kevin) (Entered: 02/16/2017) |
| 2017-02-22 | 15 | Plaintiff's Notice and Motion for Voluntary to Dismissal of Defendant U.S. Department of Justice. Filed by Steven Smith. (ljb) (Entered: 02/22/2017) |
| 2017-03-08 | 16 | Response to Motion for Partial Summary Judgment 9 . Filed by U.S. Department of Transportation. (Danielson, Kevin) (Entered: 03/08/2017) |
| 2017-03-08 | 17 | Declaration of Derek Honda in Support of Defendant's Response to Plaintiff's Motion for Partial Summary Judgment . Filed by U.S. Department of Transportation. (Related document(s): Response to Motion 16 .) (Danielson, Kevin) (Entered: 03/08/2017) |
| 2017-03-09 | 18 | Cross Motion for Summary Judgment . Filed by U.S. Department of Transportation. (Danielson, Kevin) (Entered: 03/09/2017) |
| 2017-03-21 | 19 | Motion for Discovery and Supporting Declaration of Plaintiff. Filed by Steven Smith. (ljb) (Entered: 03/28/2017) |
| 2017-03-21 | 20 | Response in Opposition to Cross Motion for Summary Judgment 18 , Cross Motion for Summary Judgment 14 and Motion for Leave to File Supplemental Response. Filed by Steven Smith. (ljb) (Entered: 03/28/2017) |
| 2017-04-04 | 21 | Response to Motion for Discovery and/or Inspection 19 . Filed by U.S. Department of Transportation. (Danielson, Kevin) (Entered: 04/04/2017) |
| 2017-04-04 | 22 | Response to Plaintiff's Motion for Leave to File Supplemental Response . Filed by U.S. Department of Transportation. (Related document(s): Response in Opposition to Motion 20 .) (Danielson, Kevin) (Entered: 04/04/2017) |
| 2017-06-06 | 23 | ORDER: Pro se plaintiff's motion 19 for discovery in the form of an evidentiary hearing or limited interrogatories is denied. As noted by defendant in it's response 21 , discovery is rarely allowed in FOIA cases and it is not appropriate in the present action. Pro se plaintiff has also filed a motion 20 entitled provisional response to defendants' motion for summary judgment and motion to file a supplemental response. Such motion is denied and such provisional response is stricken based on the following which includes a briefing schedule. Defendant DOT's motion 13 for extension of time to respond is allowed. Defendants' motion 8 to set pretrial deadlines is allowed to the extent that follows: Pro se plaintiff shall have until 6/27/2017 to make a single filing that will be his Reply for his motion for summary judgment 9 and his Opposition to Defendant DOT's Cross Motion for Summary Judgment 18 . Defendant DOT shall have 14 days thereafter to file a Reply to their Cross Motion for Summary Judgment 18 . Plaintiff's Motion for Partial Summary Judgment 9 and Defendant DOT's Cross Motion for Summary Judgment 18 and Defendant DOJ's Cross Motion for Summary Judgment 14 will be taken under advisement on 7/17/2017. Ordered by Magistrate Judge Thomas M. Coffin. (cp) (Entered: 06/06/2017) |
| 2017-06-06 | 24 | Clerk's Notice of Mailing to Steven Smith regarding Order 23 . (cp) (Entered: 06/06/2017) |
| 2017-06-12 | 25 | Objection to Order 23 and Motion to Modify Briefing Schedule. Expedited Hearing requested. Filed by Steven Smith. (kf) (Entered: 06/12/2017) |
| 2017-06-27 | 26 | Response to Plaintiff's Objection to Order Pursuant to Rule 72(a) and Motion to Modify Briefing Schedule . Filed by U.S. Department of Transportation. (Related document(s): Motion to Amend/Correct 25 .) (Danielson, Kevin) (Entered: 06/27/2017) |
| 2017-07-27 | 27 | ORDER: Plaintiff objects under Rule 72(a) to Magistrate Judge Coffin's nondispositive order 23 . Plaintiff's objections are denied as the order is neither clearly erroneous nor contrary to law. As the timeline set out in order 23 has passed, the motion to modify briefing schedule 25 is granted in part. Pro se plaintiff shall have until 8/18/2017 to make a single filing that will be his reply for his motion for summary judgment 9 and his Oppositiion to Defendant DOT's Cross Motion for Summary Judgment 18 . Defendant DOT shall have 14 days thereafter to file a Reply to their Cross Motion for Summary Judgment 18 . Ordered by Judge Michael J. McShane. (Copy mailed to plaintiff) (cp) (Entered: 07/27/2017) |
| 2017-08-21 | 28 | Combined Brief Re Cross-Motions for Summary Judgment and Plaintiff's Renewed Motions. Filed by Steven Smith. (Attachments: # 1 Exhibit 1) (jk) (Entered: 08/22/2017) |
| 2017-09-01 | 29 | Reply in Support of its Cross Motion for Summary Judgment 18 . Filed by U.S. Department of Justice, U.S. Department of Transportation. (Danielson, Kevin) Modified on 9/5/2017, incorrect event selected, changed from response to reply to motion. (kf). (Entered: 09/01/2017) |
| 2017-09-01 | 30 | Supplemental Declaration of Derek Honda . Filed by U.S. Department of Justice, U.S. Department of Transportation. (Related document(s): Declaration 17 .) (Danielson, Kevin) (Entered: 09/01/2017) |
| 2017-09-11 | 31 | Motion for Leave to File Plaintiff's Response to Defendant's First Supplemental Declaration of Derek Honda 30 . Filed by Steven Smith. (kf) (Entered: 09/11/2017) |
| 2017-09-25 | 32 | Order and Findings & Recommendation: Order granting Motion for Voluntary Dismissal 15 and denying as moot Motion for Summary Judgment 14 . Order granting Motion for Leave to File a Response and Plaintiff's Response to Defendant's First Supplemental Declaration of Derek Honda 31 . Findings & Recommendation: Cross Motion for Summary Judgment 18 should be denied and Motion for Partial Summary Judgment 9 should be granted in part and denied in part. Objections to the Findings and Recommendation are due by 10/10/2017. Signed on 9/25/2017 by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 09/26/2017) |
| 2017-09-25 | 33 | Order referring Findings & Recommendation 32 , Cross Motion for Summary Judgment 18 , Motion for Partial Summary Judgment 9 to Judge Michael J. McShane. Ordered by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 09/26/2017) |
| 2017-10-10 | 34 | Objection to Orders & Motion for Extension of Time to File Objections. Expedited Hearing requested. Filed by Steven Smith. (kf) (Entered: 10/12/2017) |
| 2017-10-13 | 35 | ORDER: Granting Plaintiff's Objection and Motion for Extension of Time 34 . Objections to the Findings and Recommendation are due by 10/23/2017. Responses to any objections to the Findings and Recommendation are due by 11/6/2017. Ordered by Judge Michael J. McShane. (cp) (Entered: 10/13/2017) |
| 2017-10-13 | 36 | Clerk's Notice of Mailing to Steven Smith and regarding Order on motion for extension of time, 35 . (cp) (Entered: 10/13/2017) |
| 2017-10-13 | 37 | Clerk's Notice of Mailing to Steven Smith regarding Findings & Recommendation 32 , Findings & Recommendation Referred 33 . (plb) (Entered: 10/13/2017) |
| 2017-10-23 | 38 | Objections to Findings & Recommendation 32 . Filed by Steven Smith. (kf) (Entered: 10/24/2017) |
| 2017-11-06 | 39 | Response to Objections to Findings & Recommendation. Related document(s): 38 Objections to Findings & Recommendation. Filed by All Defendants. (Danielson, Kevin) (Entered: 11/06/2017) |
| 2017-12-11 | 40 | ORDER: Magistrate Judge Coffins Findings and Recommendation 32 is adopted in full. Plaintiffs motion for voluntary dismissal 15 of defendant DOJ is allowed. DOJs motion for summary judgment 14 is denied as moot. Plaintiffs motion for partial summary judgment 9 is allowed as stated in the Findings and Recommendation. DOTs cross-motion for summary judgment 18 is denied without prejudice. Signed on 12/11/2017 by Judge Michael J. McShane. (cp) (Entered: 12/12/2017) |
| 2017-12-21 | 41 | Motion for Reconsideration of Order on Findings & Recommendation, Order on motion for partial summary judgment, Order on motion for summary judgment 40 and for Notice of Orders. Filed by Steven Smith. (kf) (Entered: 12/21/2017) |
| 2017-12-21 | 42 | Clerk's Notice of Mailing to Steven Smith regarding Order on Findings & Recommendation, Order 40 . (cp) (Entered: 12/21/2017) |
| 2017-12-28 | 43 | ORDER: Denying Motion for Reconsideration 41 of Order on Findings & Recommendation 40 . Ordered by Judge Michael J. McShane. (cp) (Entered: 12/28/2017) |
| 2017-12-28 | 44 | Clerk's Notice of Mailing to Steven Smit regarding Order on motion for reconsideration 43 . (cp) (Entered: 12/28/2017) |
| 2017-12-29 | 45 | Motion for Extension of Time to Move for Summary Judgment . Filed by U.S. Department of Transportation. (Danielson, Kevin) (Entered: 12/29/2017) |
| 2018-01-02 | 46 | ORDER: Granting Motion for Extension of Time 45 . Dispositive Motions are due by 1/16/2018. Ordered by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 01/02/2018) |
| 2018-01-02 | 47 | Clerk's Notice of Mailing to Steven Smith regarding Order on motion for extension of time 46 . (plb) (Entered: 01/02/2018) |
| 2018-01-16 | 48 | Motion for Summary Judgment . Filed by U.S. Department of Justice, U.S. Department of Transportation. (Danielson, Kevin) (Entered: 01/16/2018) |
| 2018-01-16 | 49 | Declaration of Angelique Berry . Filed by U.S. Department of Justice, U.S. Department of Transportation. (Related document(s): Motion for Summary Judgment 48 .) (Danielson, Kevin) (Entered: 01/16/2018) |
| 2018-01-16 | 50 | Declaration of Derek Honda (Second Supplemental) . Filed by All Defendants. (Related document(s): Motion for Summary Judgment 48 .) (Danielson, Kevin) (Entered: 01/16/2018) |
| 2018-01-16 | 51 | Declaration of Susan H. McLean . Filed by All Defendants. (Related document(s): Motion for Summary Judgment 48 .) (Danielson, Kevin) (Entered: 01/16/2018) |
| 2018-01-16 | 52 | Declaration of Benjamin W. Sanders . Filed by All Defendants. (Related document(s): Motion for Summary Judgment 48 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Danielson, Kevin) (Entered: 01/16/2018) |
| 2018-01-16 | 53 | Declaration of Margit Skidmore . Filed by All Defendants. (Related document(s): Motion for Summary Judgment 48 .) (Attachments: # 1 Exhibit 1) (Danielson, Kevin) (Entered: 01/16/2018) |
| 2018-02-07 | 54 | Response to Second DOT Motion for Summary Judgment 48 and Plaintiff's Second Renewed Motion for Discovery. Filed by Steven Smith. (Attachments: # 1 Exhibit) (jk) (Entered: 02/08/2018) |
| 2018-02-20 | 55 | Response to Motion for Discovery and/or Inspection 54 . Filed by U.S. Department of Transportation. (Danielson, Kevin) (Entered: 02/20/2018) |
| 2018-02-20 | 56 | Reply to Motion for Summary Judgment 48 . Filed by U.S. Department of Transportation. (Danielson, Kevin) (Entered: 02/20/2018) |
| 2018-06-06 | 57 | ORDER: Defendant is ordered to make a filing within 20 days that specifically addresses: 1) the entirety of the content of McClean Declaration 51 (and its exhibits), especially the determination on February 10 regarding NTS, and indicate in detail the relevance or lack thereof of such information to the motion for summary judgment 48 ; 2)the same for the Skidmore Declaration 53 ; 3)the date of the Derek Honda's initial search (See Paragraph 7 and 8 of # 50 ); and 4) the application of all of the foregoing to the cases cited in this court's previous Order and F&R 32 . Plaintiff shall have 20 days thereafter to file an optional response. Ordered by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 06/06/2018) |
| 2018-06-06 | 58 | Clerk's Notice of Mailing to Steven Smith regarding Order 57 . (plb) (Entered: 06/06/2018) |
| 2018-06-26 | 59 | Supplement Brief . Filed by U.S. Department of Transportation. (Related document(s): Motion for Summary Judgment 48 .) (Danielson, Kevin) (Entered: 06/26/2018) |
| 2018-07-23 | 60 | Plaintiff's Response to DOT Supplemental Brief and Additional Points & Authorities. Filed by Steven Smith. (Related document(s): Supplement 59 .) (bd) (Entered: 07/23/2018) |
| 2018-09-11 | 61 | Order and Findings & Recommendation: Plaintiff's motion (contained in 54 ) for discovery/inspection is denied. Defendant DOT's motion 48 for summary judgment should be allowed and this action should be dismissed. Objections to the Findings and Recommendation are due by 9/25/2018. Signed on 9/11/2018 by Magistrate Judge Thomas M. Coffin. (jk) (Entered: 09/11/2018) |
| 2018-09-11 | 62 | ORDER by Magistrate Judge Thomas M. Coffin: Order and Findings & Recommendation 61 is referred to Judge Michael J. McShane. (jk) (Entered: 09/11/2018) |
| 2018-10-01 | 63 | Objection to Orders pursuant to Rule 71(a) & (b), and Motion for Extension of Time to File an Objection to Order and Findings and Recommendation 61 , and, Alternate Motion for Reconsideration of Judge McShane's ruling on Findings & Recommendation 61 . Expedited Hearing Requested. Filed by Steven Smith. (kf) (Entered: 10/01/2018) |
| 2018-10-01 | 64 | Clerk's Notice of Mailing Findings & Recommendation 61 , Findings & Recommendation Referred 62 to Smith. (kf) (Entered: 10/01/2018) |
| 2018-10-02 | 65 | ORDER: Granting Plaintiff's Motion for Extension of Time to File Objection to F & R 63 . Plaintiff's Objections to the Findings and Recommendation are due by 10/19/2018. The Clerk mailed copies of the September 11, 2018 Findings and Recommendations. Ordered by Judge Michael J. McShane. (cp) (Entered: 10/02/2018) |
| 2018-10-02 | 66 | Clerk's Notice of Mailing to Steven Smith regarding Order on Motion for Extension of Time to File an Objection to F & R, 65 . (cp) (Entered: 10/02/2018) |
| 2018-10-05 | 67 | Objections to Findings & Recommendation regarding Motion for Summary Judgment 48 61 . Filed by Steven Smith. (kf) (Entered: 10/05/2018) |
| 2018-10-19 | 68 | Response to Objections to Findings & Recommendation. Related document(s): 61 Findings & Recommendation, 67 Objections to Findings & Recommendation. Filed by U.S. Department of Transportation. (Danielson, Kevin) (Entered: 10/19/2018) |
| 2018-12-04 | 69 | ORDER: Magistrate Judge Coffins Findings and Recommendation 61 is adopted in full. Plaintiffs motion for additional discovery 54 is denied. DOTs motion for summary judgment 48 is granted. Signed on 12/4/2018 by Judge Michael J. McShane. (Copy mailed to plaintiff) (cp) (Entered: 12/04/2018) |
| 2018-12-04 | 70 | Judgment: Based on the record, judgment for defendants. Signed on 12/4/2018 by Judge Michael J. McShane. (cp) (Entered: 12/04/2018) |
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