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Case TitleMulvey v. Perez et al
DistrictMiddle District of Tennessee
CityNashville
Case Number3:2016cv02932
Date Filed2016-11-18
Date Closed2017-04-10
JudgeMagistrate Judge Joe Brown
PlaintiffJohn A. Mulvey
TERMINATED: 02/24/2017
PlaintiffPamela S. Mulvey
Case DescriptionJohn Mulvey submitted a FOIA request to the Department of Labor for records concerning his closed EEOC complaint. The agency acknowledged receipt of the request. After hearing nothing further, Mulvey filed an administrative appeal. After hearing nothing more from the agency, Mulvey filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantThomas E. Perez in his Official Capacity as Secretary of Labor
DefendantUnited States Department of Labor
DefendantUnited States Government
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-11-181COMPLAINT against Thomas E. Perez, United States Department of Labor, United States Government (Filing fee $400, Receipt number 34675043536), filed by John A. Mulvey. (Attachments: # 1 Exhibit A - Postal Receipt, # 2 Exhibit B - FOIA Portal, # 3 Exhibit C - DOL Region IV letter, # 4 Exhibit D - PSM letter, # 5 Attachment - Civil Cover Sheet, # 6 Attachment - Receipt)(dt) (Entered: 11/21/2016)
2016-11-212Summons issued as to Thomas E. Perez. (Summons returned to pltf for service.)(dt) (Entered: 11/21/2016)
2016-11-21NOTICE mailed to pro se party regarding filing of new case (docket sheet & certificate of service form included). (dt) (Entered: 11/21/2016)
2016-11-213NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (dt) (Entered: 11/21/2016)
2016-11-224ORDER: This case is referred to the Magistrate Judge for case management, decision on all pretrial, nondispositive motions and report and recommendation on all dispositive motions under 28 U.S.C. § 636(b)(1)(A) and (B) and to conduct any necessary proceedings under Rule 72(b), FED. R. CIV. P. It is so ORDERED. Enter this 22nd day of November 2016. Signed by District Judge Aleta A. Trauger on 11/22/16. (xc:Pro se party by regular and certified mail.)(af) (Entered: 11/22/2016)
2016-11-225CERTIFIED MAIL RECEIPT re 4 Order Referring Case to Magistrate Judge. (mg) (Entered: 11/23/2016)
2016-12-066MOTION for Leave to File Proof of Service, Declaration and Supporting Exhibits by John A. Mulvey. (Attachments: # 1 Exhibit A - Declaration of John A. Mulvey, # 2 Exhibit 1- 3 - Summons in a civil action)(dt) (Additional attachment(s) added on 12/7/2016: # 3 Attachment - Notice of Proof of Service, # 4 Attachment - Proposed Order) (dt). (Entered: 12/07/2016)
2016-12-077ORDER granting 6 Motion for Leave to file proof of service. The Plaintiff did not need to file a motion. He should have just filed his proof of service. A case management conference will be set when the Defendant files a response. (Brown, Joe) (Entered: 12/07/2016)
2016-12-078CERTIFIED MAIL RECEIPT re 7 Order on Motion for Leave. (mg) (Entered: 12/08/2016)
2016-12-219NOTICE of Appearance by Michael L. Roden on behalf of All Defendants (Roden, Michael) (Entered: 12/21/2016)
2016-12-2110MOTION for Extension of Time to File Answer re 1 Complaint, OR OTHERWISE RESPONSIVELY PLEAD by Thomas E. Perez, United States Department of Labor, United States Government. (Roden, Michael) (Entered: 12/21/2016)
2016-12-2811ORDER granting 10 Motion for Extension of Time to Answer to Jan 27, 2017 All Defendants. In the future counsel should indicate opposing party has been consulted and either agrees or disagrees with the motion. Congress set deadlines on cases of this nature for a reason. (Brown, Joe) (Entered: 12/28/2016)
2016-12-2812CERTIFIED MAIL RECEIPT re 11 Order on Motion for Extension of Time to Answer. (mg) (Entered: 12/29/2016)
2016-12-29TN State Bar status verified as active for Michael L. Roden. (dt) (Entered: 12/29/2016)
2016-12-2913CERTIFIED MAIL RECEIPT re 11 Order on Motion for Extension of Time to Answer. (mg) (Entered: 12/30/2016)
2017-01-2714MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to State a Claim () by Thomas E. Perez, United States Department of Labor, United States Government. (Roden, Michael) (Entered: 01/27/2017)
2017-01-2715MEMORANDUM in Support of 14 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Thomas E. Perez, United States Department of Labor, United States Government . (Roden, Michael) (Entered: 01/27/2017)
2017-01-3016ORDER: The United States has filed a motion to dismiss for lack of jurisdiction and/or failure to state a claim upon which relief may be granted (Docket Entry 14). The Plaintiff will respond to this motion on or before February 27, 2017. The United States may file a reply, limited to five pages, within seven days of a response by the Plaintiff. I will not set a further scheduling order in this case pending a resolution of this motion. Signed by Magistrate Judge Joe Brown on 1/30/17. (xc:Pro se party by regular and certified mail.)(am) (Entered: 01/31/2017)
2017-01-3017CERTIFIED MAIL RECEIPT re 16 Order. (mg) (Entered: 01/31/2017)
2017-02-0918ORDER: By agreement of the parties, a telephone conference call is set with the Magistrate Judge for Tuesday, February 14, 2017, at 1:00 p.m., to discuss case status and any likelihood of a resolution in this matter. To participate in the conference call, the parties are directed to dial (877) 873-8017 at the scheduled time and enter Access Code 1958322# when prompted. Signed by Magistrate Judge Joe Brown on 2/9/17. (xc:Pro se party by regular and certified mail.)(dt) (Entered: 02/09/2017)
2017-02-0919CERTIFIED MAIL RECEIPT re 18 Order, Set Hearings. (mg) (Entered: 02/10/2017)
2017-02-1420NOTICE of Consent of the Parties to proceed before the Magistrate Judge. (Roden, Michael) (Entered: 02/14/2017)
2017-02-14Minute Entry for proceedings held before Magistrate Judge Joe Brown: By agreement of the parties, Status Conference held in court on 2/14/2017. Order to enter. (Digital Audio: 14feb2017) (rd) (Entered: 02/15/2017)
2017-02-1521ORDER on Consent of the Parties to Jurisdiction by US Magistrate Judge; Case reassigned to Magistrate Judge Joe Brown. Signed by District Judge Aleta A. Trauger on 2/15/17. (xc:Pro se party by regular and certified mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (dt) (Entered: 02/15/2017)
2017-02-1522ORDER: A case management conference was held in this matter with the parties on February 14, 2017. At the request of the Plaintiff the hearing was changed from a telephone conference to an in-court hearing. The deadline for Plaintiff to respond to the Government's motion to dismiss 14 remains February 27, 2017. Signed by Magistrate Judge Joe Brown on 2/15/17. (xc:Pro se party by regular and certified mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (dt) (Entered: 02/15/2017)
2017-02-1523CERTIFIED MAIL RECEIPT re 21 Order on Consent of the Parties to the Magistrate Judge. (mg) (Entered: 02/15/2017)
2017-02-1524CERTIFIED MAIL RECEIPT re 22 Order. (mg) (Entered: 02/21/2017)
2017-02-2425MOTION to Substitute Party by John A. Mulvey. (dt) (Main Document 25 replaced on 2/24/2017) (dt). Modified on 2/24/2017 (dt). (Entered: 02/24/2017)
2017-02-2426ORDER granting 25 Motion to Substitute Party as requested. Clerk will send all further notices to Ms. Mulvey and show her as the Plaintiff in this case. In view of the substitution she may have until March 10, 2017 to respond to the pending motion to dismiss. The parties may want to discuss the possibility of administratively closing this case until it can be determined how long it will take to respond to a more limited request for information. They may request a further telephone conference call with the court if they believe it would advance the case. (xc:Pro se party by regular and certified mail.)(Brown, Joe) (Entered: 02/24/2017)
2017-02-2427CERTIFIED MAIL RECEIPT re 26 Order on Motion to Substitute Party. (mg) (Entered: 02/24/2017)
2017-02-2428NOTICE of Appearance by Pamela S. Mulvey (dt) (Entered: 02/27/2017)
2017-03-1029MOTION for Extension of Time to File Response as to 14 MOTION to Dismiss by Pamela S. Mulvey. (dt) (Entered: 03/10/2017)
2017-03-1130ORDER granting 29 Motion for Extension of Time to File Response/Reply re 14 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim Response now due March 31, 2017. (Brown, Joe) (Entered: 03/11/2017)
2017-03-2131CERTIFIED MAIL RECEIPT re 30 Order on Motion for Extension of Time to File Response/Reply. (mg) (Entered: 03/22/2017)
2017-03-2932MOTION for Extension of Time to File Response as to 14 MOTION to Dismiss, by Pamela S. Mulvey. (dt) (Entered: 03/29/2017)
2017-03-2933ORDER granting 32 Motion for Extension of Time to File Response/Reply re 14 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim as requested. (Brown, Joe) (xc:Pro se party by regular and certified mail.) Modified on 3/29/2017 (dt). (Entered: 03/29/2017)
2017-03-3135Certified Mail Returned as Unclaimed. 26 Order on Motion to Substitute Party. Mail sent to Pamela S. Mulvey. (mg) (Entered: 04/03/2017)
2017-03-3136Certified Mail Returned as Unclaimed. 21 Order on Consent of the Parties to the Magistrate Judge. Mail sent to John A. Mulvey. (mg) (Entered: 04/03/2017)
2017-03-3137Certified Mail Returned as Unclaimed. 18 Order, Set Hearings. Mail sent to John A. Mulvey. (mg) (Entered: 04/03/2017)
2017-03-3138Certified Mail Returned as Unclaimed. 26 Order on Motion to Substitute Party. Mail sent to John A. Mulvey. (mg) (Entered: 04/03/2017)
2017-04-0334CERTIFIED MAIL RECEIPT re 33 Order on Motion for Extension of Time to File Response/Reply. (gb) (Entered: 04/03/2017)
2017-04-0639Joint MOTION TO HOLD CASE IN ABEYANCE by Thomas E. Perez, United States Department of Labor, United States Government. (Roden, Michael) (Entered: 04/06/2017)
2017-04-1040ORDER: Joint Motion to hold the case in abeyance 39 is GRANTED and the Clerk is directed to administratively close this case pending a motion to reopen for good cause shown by either party. Signed by Magistrate Judge Joe Brown on 4/10/17. (xc:Pro se party by regular and certified mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (dt) (Entered: 04/11/2017)
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