| Date Filed | Doc # | Docket Text |
|
| 2017-06-09 | 1 | Notice of Case Opening. Judge David R. Herndon and Magistrate Judge Reona J. Daly assigned. All future documents must bear case number 17-611-DRH-RJD. If the parties consent to Magistrate Judge assignment, the consent form with instruction is attached for your convenience. Refer to the pro se litigant guide, found on the ILSD website, for further information. (kdb) [Transferred from Illinois Southern on 11/16/2018.] (Entered: 06/09/2017) |
| 2017-06-09 | 2 | COMPLAINT against Bureau of Alcohol, Tobacco, and Firearms, Executive Office of US Attorneys, and Federal Bureau of Investigation filed by Francis Schaeffer Cox.(kdb) [Transferred from Illinois Southern on 11/16/2018.] (Entered: 06/09/2017) |
| 2017-06-14 | | Filing fee: $ 401.23, receipt number 44625007963 (kdb) [Transferred from Illinois Southern on 11/16/2018.] (Entered: 06/14/2017) |
| 2017-09-13 | 3 | NOTICE OF IMPENDING DISMISSAL for failure to effect service against defendants. Action by plaintiff due by 10/13/2017. (arf) [Transferred from Illinois Southern on 11/16/2018.] (Entered: 09/13/2017) |
| 2017-09-29 | 4 | MOTION for Extension of Time for Service Pursuant to FED.R.CIV.P. 4(c)(3), (m) pursuant to doc 3 and MOTION for Service of Process at Government Expense by Francis Schaeffer Cox. (kdb) [Transferred from Illinois Southern on 11/16/2018.] (Entered: 09/29/2017) |
| 2017-11-15 | 5 | ORDER granting 4 Motion for Extension of Time; granting 4 Motion for Service of Process at Government Expense. The Clerk is DIRECTED to mail plaintiff three blank USM-285 forms. Plaintiff shall complete and return those forms to the Clerk no later than January 2, 2018, at which time the Clerk will issue summons. See Order for further details. Signed by Judge David R. Herndon on 11/15/2017. (lmp) [Transferred from Illinois Southern on 11/16/2018.] (Entered: 11/15/2017) |
| 2017-12-06 | 6 | Summons Issued as to Bureau of Alcohol, Tobacco, and Firearms, Executive Office of US Attorneys, Federal Bureau of Investigation. (trb) [Transferred from Illinois Southern on 11/16/2018.] (Entered: 12/06/2017) |
| 2018-01-04 | 7 | ORDER: The Clerk of Court is DIRECTED to complete, on Plaintiffs behalf, a summons for service of process on the United States; the Clerk shall issue the completed summons. Pursuant to Federal Rule of Civil Procedure 4(i), the Clerk shall (1) personally deliver to or send by registered or certified mail addressed to the civil-process clerk at the office of the United States Attorney for the Southern District of Illinois a copy of the summons, the complaint, and this Memorandum and Order; and (2) send by registered or certified mail to the Attorney General of the United States at Washington, D.C., a copy of the summons, the complaint, and this Memorandum and Order. Signed by Judge David R. Herndon on 1/4/2018. (klh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 11/16/2018.] (Entered: 01/04/2018) |
| 2018-01-05 | 8 | Summons Issued as to USA.(trb) [Transferred from Illinois Southern on 11/16/2018.] (Entered: 01/05/2018) |
| 2018-01-12 | 9 | RETURN OF SERVICE EXECUTED 01/9/18. (kdb) [Transferred from Illinois Southern on 11/16/2018.] (Entered: 01/12/2018) |
| 2018-01-16 | 10 | RETURN OF SERVICE EXECUTED on 01/08/18. (kdb) [Transferred from Illinois Southern on 11/16/2018.] (Entered: 01/16/2018) |
| 2018-01-18 | 11 | STRICKEN SUMMONS Returned Executed Bureau of Alcohol, Tobacco, and Firearms served on 12/20/2017, answer due 1/10/2018; Executive Office of US Attorneys served on 12/20/2017, answer due 1/10/2018; Federal Bureau of Investigation served on 12/18/2017, answer due 1/8/2018. (kdb) Modified on 1/19/2018 (kdb). [Transferred from Illinois Southern on 11/16/2018.] (Entered: 01/18/2018) |
| 2018-01-19 | 12 | NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 11 Summons Returned Executed,. Docket Clerk Error. Summons will be refiled. (kdb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 11/16/2018.] (Entered: 01/19/2018) |
| 2018-01-19 | 13 | SUMMONS Returned Executed Bureau of Alcohol, Tobacco, and Firearms served on 12/20/2017, answer due 2/20/2018; Executive Office of US Attorneys served on 12/20/2017, answer due 2/20/2018; Federal Bureau of Investigation served on 12/18/2017, answer due 2/16/2018. (kdb) [Transferred from Illinois Southern on 11/16/2018.] (Entered: 01/19/2018) |
| 2018-02-06 | 14 | NOTICE of Appearance by Nicholas J Biersbach on behalf of Bureau of Alcohol, Tobacco, and Firearms, Executive Office of US Attorneys, Federal Bureau of Investigation (Biersbach, Nicholas) [Transferred from Illinois Southern on 11/16/2018.] (Entered: 02/06/2018) |
| 2018-02-06 | 15 | ANSWER to 2 Complaint and Affirmative Defenses by Bureau of Alcohol, Tobacco, and Firearms, Executive Office of US Attorneys, Federal Bureau of Investigation.(Biersbach, Nicholas) [Transferred from Illinois Southern on 11/16/2018.] (Entered: 02/06/2018) |
| 2018-02-06 | 16 | WITHDRAWN: MOTION for Briefing Schedule and Other Relief by Bureau of Alcohol, Tobacco, and Firearms, Executive Office of US Attorneys, Federal Bureau of Investigation. (Biersbach, Nicholas) Modified on 2/23/2018 (trb). [Transferred from Illinois Southern on 11/16/2018.] (Entered: 02/06/2018) |
| 2018-02-06 | 17 | CJRA TRACK A assigned: Bench Trial set for presumptive trial month December, 2018, in East St. Louis Courthouse before Judge David R. Herndon. (Attachments: # 1 Consent to Magistrate Judge)(arf) [Transferred from Illinois Southern on 11/16/2018.] (Entered: 02/06/2018) |
| 2018-02-12 | 18 | MOTION for Leave to Amend the Complaint by Francis Schaeffer Cox. (kdb) [Transferred from Illinois Southern on 11/16/2018.] (Entered: 02/12/2018) |
| 2018-02-15 | 19 | MOTION to Withdraw 16 MOTION for Briefing Schedule and Other Relief by Bureau of Alcohol, Tobacco, and Firearms, Executive Office of US Attorneys, Federal Bureau of Investigation. (Biersbach, Nicholas) [Transferred from Illinois Southern on 11/16/2018.] (Entered: 02/15/2018) |
| 2018-02-16 | 20 | MOTION for Partial Summary Judgment on Counts One and Three of the Operative Complaint by Francis Schaeffer Cox. Responses due by 3/22/2018 (kdb) [Transferred from Illinois Southern on 11/16/2018.] (Entered: 02/16/2018) |
| 2018-02-22 | 21 | ORDER GRANTING 18 MOTION to Amend/Correct filed by Francis Schaeffer Cox. The Clerk of Court is DIRECTED to file Plaintiff's proposed amended complaint as his First Amended Complaint. Signed by Magistrate Judge Reona J. Daly on 2/22/2018. (ely) [Transferred from Illinois Southern on 11/16/2018.] (Entered: 02/22/2018) |
| 2018-02-22 | 22 | ORDER GRANTING 19 MOTION to Withdraw 16 MOTION for Briefing Schedule and Other Relief filed by Bureau of Alcohol, Tobacco, and Firearms, Executive Office of US Attorneys, and Federal Bureau of Investigation. Defendants' Motion at 16 is WITHDRAWN. Signed by Magistrate Judge Reona J. Daly on 2/22/2018. (ely)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 11/16/2018.] (Entered: 02/22/2018) |
| 2018-02-23 | 23 | FIRST AMENDED COMPLAINT against All Defendants, filed by Francis Schaeffer Cox.(trb) [Transferred from Illinois Southern on 11/16/2018.] (Entered: 02/23/2018) |
| 2018-02-23 | 24 | ORDER denying as moot 20 Motion for Summary Judgment. In light of plaintiff's 23 first amended complaint, the motion for summary judgment is denied as moot. Signed by Judge David R. Herndon on 2/23/2018. (lmp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 11/16/2018.] (Entered: 02/23/2018) |
| 2018-02-28 | 25 | RESPONSE to 16 Motion for Miscellaneous Relief filed by Francis Schaeffer Cox. (jaj) [Transferred from Illinois Southern on 11/16/2018.] (Entered: 02/28/2018) |
| 2018-03-08 | 26 | ANSWER to 23 Amended Complaint by Bureau of Alcohol, Tobacco, and Firearms, Executive Office of US Attorneys, Federal Bureau of Investigation.(Biersbach, Nicholas) [Transferred from Illinois Southern on 11/16/2018.] (Entered: 03/08/2018) |
| 2018-03-08 | 27 | MOTION for Briefing Schedule and Other Relief by Bureau of Alcohol, Tobacco, and Firearms, Executive Office of US Attorneys, Federal Bureau of Investigation. (Biersbach, Nicholas) [Transferred from Illinois Southern on 11/16/2018.] (Entered: 03/08/2018) |
| 2018-03-08 | 28 | NOTICE by Federal Bureau of Investigation of Release of Records to Plaintiff (Attachments: # 1 Exhibit A)(Biersbach, Nicholas) [Transferred from Illinois Southern on 11/16/2018.] (Entered: 03/08/2018) |
| 2018-03-26 | 29 | RESPONSE to Motion re 27 MOTION for Briefing Schedule and Other Relief filed by Francis Schaeffer Cox. (kdb) [Transferred from Illinois Southern on 11/16/2018.] (Entered: 03/26/2018) |
| 2018-03-26 | 30 | FIRST MOTION for Partial Summary Judgment by Francis Schaeffer Cox. Responses due by 4/30/2018 (kdb) [Transferred from Illinois Southern on 11/16/2018.] (Entered: 03/26/2018) |
| 2018-03-26 | 31 | First Sworn Declaration of Francis Schaeffer Cox. (kdb) [Transferred from Illinois Southern on 11/16/2018.] (Entered: 03/26/2018) |
| 2018-03-26 | 32 | REPLY to Response to Motion re 27 MOTION for Briefing Schedule and Other Relief filed by Bureau of Alcohol, Tobacco, and Firearms, Executive Office of US Attorneys, Federal Bureau of Investigation. (Biersbach, Nicholas) [Transferred from Illinois Southern on 11/16/2018.] (Entered: 03/26/2018) |
| 2018-03-29 | 33 | ORDER GRANTING 27 MOTION for Briefing Schedule and Other Relief filed by Bureau of Alcohol, Tobacco, and Firearms, Executive Office of US Attorneys, and Federal Bureau of Investigation. SCHEDULE: Defendant FBI complete release of records to Plaintiff by June 29, 2018. Motions for Summary Judgment are due ON August 10, 2018 . Defendants' Response to Plaintiff's First Motion for Partial Summary Judgment (Doc. 30) is STAYED until after all Motions for Summary Judgment are filed on August 10, 2018. Signed by Magistrate Judge Reona J. Daly on 3/29/2018. (ely) [Transferred from Illinois Southern on 11/16/2018.] (Entered: 03/29/2018) |
| 2018-03-29 | | Response Deadline for Motion for Partial Summary Judgment terminated. (ely) [Transferred from Illinois Southern on 11/16/2018.] (Entered: 03/29/2018) |
| 2018-04-05 | 34 | NOTICE by Federal Bureau of Investigation of Second Release of Records to Plaintiff (Attachments: # 1 Exhibit A)(Biersbach, Nicholas) [Transferred from Illinois Southern on 11/16/2018.] (Entered: 04/05/2018) |
| 2018-05-03 | 35 | NOTICE by Federal Bureau of Investigation of Third Release of Records to Plaintiff (Attachments: # 1 Exhibit A)(Biersbach, Nicholas) [Transferred from Illinois Southern on 11/16/2018.] (Entered: 05/03/2018) |
| 2018-06-01 | 36 | NOTICE of Change of Address by Francis Schaeffer Cox (tkm) [Transferred from Illinois Southern on 11/16/2018.] (Entered: 06/04/2018) |
| 2018-06-08 | 37 | NOTICE by Federal Bureau of Investigation of Fourth Release of Records to Plaintiff (Attachments: # 1 Exhibit A)(Biersbach, Nicholas) [Transferred from Illinois Southern on 11/16/2018.] (Entered: 06/08/2018) |
| 2018-06-08 | 38 | MOTION for Extension of Time of Records Release and Partial Summary Judgment Motion Deadlines Regarding Plaintiff's FOI/PA Request to the FBI for All Records About Himself by Federal Bureau of Investigation. (Attachments: # 1 Exhibit A)(Biersbach, Nicholas) [Transferred from Illinois Southern on 11/16/2018.] (Entered: 06/08/2018) |
| 2018-06-08 | 39 | NOTICE of Change of Address by Francis Schaeffer Cox to FCI Terre Haute. (jaj) [Transferred from Illinois Southern on 11/16/2018.] (Entered: 06/08/2018) |
| 2018-06-12 | 40 | ORDER granting 38 Motion for Extension of Time of Records Release and Partial Summary Judgment Motion Deadlines Regarding Plaintiff's FOI/PA Request to the FBI for All Records About Himself . The FBI has until November 16, 2018, to review, process and release the newly-discovered paper records related to the FOI/PA request at issue in Count 1 of the First Amended Complaint. Furthermore, the FBI shall file its partial summary judgment motion in response to the FOI/PA request at issue in Count 1 no later than December 21, 2018. Signed by Judge David R. Herndon on 6/12/2018. (lmp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 11/16/2018.] (Entered: 06/12/2018) |
| 2018-06-12 | 41 | NOTICE of Hearing: In light of the extension of time, the Bench Trial is RESET for the presumptive trial month of May, 2019, in East St. Louis Courthouse before Judge David R. Herndon. (arf)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 11/16/2018.] (Entered: 06/12/2018) |
| 2018-07-06 | 42 | NOTICE by Federal Bureau of Investigation of Fifth Release of Records to Plaintiff (Attachments: # 1 Exhibit A)(Biersbach, Nicholas) [Transferred from Illinois Southern on 11/16/2018.] (Entered: 07/06/2018) |
| 2018-07-30 | 43 | MOTION for Extension of Time to File Response/Reply to a Portion of Plaintiff's Partial Motion for Summary Judgment by Federal Bureau of Investigation. (Biersbach, Nicholas) [Transferred from Illinois Southern on 11/16/2018.] (Entered: 07/30/2018) |
| 2018-07-30 | 44 | ORDER granting 43 MOTION for Extension of Time to File Response/Reply to a Portion of Plaintiff's Partial Motion for Summary Judgment filed by Federal Bureau of Investigation. Responses due by 12/21/2018. Signed by Judge David R. Herndon on 7/30/2018. (lmp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 11/16/2018.] (Entered: 07/30/2018) |
| 2018-08-06 | 45 | NOTICE by Federal Bureau of Investigation of Sixth Release of Records to Plaintiff (Attachments: # 1 Exhibit A)(Biersbach, Nicholas) [Transferred from Illinois Southern on 11/16/2018.] (Entered: 08/06/2018) |
| 2018-08-10 | 46 | MOTION for Summary Judgment and Motion to Dismiss by Bureau of Alcohol, Tobacco, and Firearms, Executive Office of US Attorneys, Federal Bureau of Investigation. Responses due by 9/13/2018 (Attachments: # 1 Attachment 1, # 2 Attachment 2, # 3 Attachment 3, # 4 Attachment 4)(Biersbach, Nicholas) [Transferred from Illinois Southern on 11/16/2018.] (Entered: 08/10/2018) |
| 2018-08-10 | 47 | NOTICE by Bureau of Alcohol, Tobacco, and Firearms, Executive Office of US Attorneys, Federal Bureau of Investigation to Pro Se Plaintiff of Consequences of Failing to Respond to Defendants' Motion for Summary Judgment (Biersbach, Nicholas) [Transferred from Illinois Southern on 11/16/2018.] (Entered: 08/10/2018) |
| 2018-08-10 | 48 | RESPONSE to Motion re 30 MOTION for Partial Summary Judgment filed by Bureau of Alcohol, Tobacco, and Firearms, Executive Office of US Attorneys, Federal Bureau of Investigation. (Biersbach, Nicholas) [Transferred from Illinois Southern on 11/16/2018.] (Entered: 08/10/2018) |
| 2018-09-05 | 49 | NOTICE by Federal Bureau of Investigation of Seventh Release of Records to Plaintiff (Attachments: # 1 Exhibit A)(Biersbach, Nicholas) [Transferred from Illinois Southern on 11/16/2018.] (Entered: 09/05/2018) |
| 2018-09-07 | 50 | STRICKEN PER ORDER AT DOCUMENT 62- MOTION for Extension of Time to File Response/Reply as to 46 MOTION for Summary Judgment and Motion to Dismiss by Francis Schaeffer Cox. (kdb) Modified on 11/14/2018 (trb). [Transferred from Illinois Southern on 11/16/2018.] (Entered: 09/07/2018) |
| 2018-09-10 | 51 | ORDER granting 50 MOTION for Extension of Time to File Response/Reply as to 46 MOTION for Summary Judgment and Motion to Dismiss . Responses due within 30 days. Per Local Rule 7.1, Reply briefs are not favored and should be filed only in exceptional circumstances. Signed by Judge David R. Herndon on 9/10/2018. (jer)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 11/16/2018.] (Entered: 09/10/2018) |
| 2018-10-01 | 52 | NOTICE by Federal Bureau of Investigation of Eighth Release of Records to Plaintiff (Attachments: # 1 Exhibit A)(Biersbach, Nicholas) [Transferred from Illinois Southern on 11/16/2018.] (Entered: 10/01/2018) |
| 2018-10-04 | 53 | MOTION for Extension of Time Defendant FBI's Motion for Extension of Deadlines with Regard to Plaintiff's FOIPA Request to the FBI for All Records About Himself by Federal Bureau of Investigation. (Attachments: # 1 Exhibit A)(Biersbach, Nicholas) [Transferred from Illinois Southern on 11/16/2018.] (Entered: 10/04/2018) |
| 2018-10-05 | 54 | ORDER granting 53 Motion for Extension of Time. The defendant's compliance deadline is now December 17, 2018 and the deadline for filing motions for summary judgment as to Count I is moved to January 18, 2019 as is the deadline for the defendant to respond to the portion of plaintiff's partial motion for summary judgment implicating Count I. Signed by Judge David R. Herndon on 10/5/2018. (Herndon, David)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. Modified on 10/9/2018 (trb). [Transferred from Illinois Southern on 11/16/2018.] (Entered: 10/05/2018) |
| 2018-10-09 | | Action due by 12/17/2018. Dispositive Motions due by 1/18/2019. (trb) [Transferred from Illinois Southern on 11/16/2018.] (Entered: 10/09/2018) |
| 2018-10-09 | 55 | NOTICE OF MODIFICATION re 54 Order on Motion for Extension of Time. Date modified to reflect the correct year for the deadline for filing motions for summary judgment as to Count I is moved to January 18, 2019. No further action is required by the filer in relation to this notification. (trb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 11/16/2018.] (Entered: 10/09/2018) |
| 2018-10-09 | 56 | STRICKEN PER ORDER AT DOCUMENT 62- MOTION for Extension of Time to Respond to 46 Defendants' MOTION for Summary Judgment and Motion to Dismiss by Francis Schaeffer Cox. (kdb) Modified on 11/14/2018 (trb). [Transferred from Illinois Southern on 11/16/2018.] (Entered: 10/09/2018) |
| 2018-10-12 | 57 | STRICKEN PER ORDER AT DOCUMENT 62-RESPONSE in Opposition re 46 MOTION for Summary Judgment and Motion to Dismiss filed by Francis Schaeffer Cox. (kdb) Modified on 11/14/2018 (trb). [Transferred from Illinois Southern on 11/16/2018.] (Entered: 10/12/2018) |
| 2018-10-16 | 58 | STATUS REPORT Regarding the Release of Information Related to Count 5(c) of Plaintiff's Amended Complaint by Executive Office of US Attorneys. (Attachments: # 1 Exhibit A - Correspondence to Plaintiff from October 16, 2018)(Biersbach, Nicholas) [Transferred from Illinois Southern on 11/16/2018.] (Entered: 10/16/2018) |
| 2018-10-22 | 59 | ORDER granting 56 MOTION for Extension of Time to File Response/Reply as to 46 MOTION for Summary Judgment and Motion to Dismiss filed by Francis Schaeffer Cox. Signed by Judge David R. Herndon on 10/22/2018. (jer)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 11/16/2018.] (Entered: 10/22/2018) |
| 2018-10-23 | 60 | MOTION to Strike Pursuant to Rule 11(A) and for Clarification by Bureau of Alcohol, Tobacco, and Firearms, Executive Office of US Attorneys, Federal Bureau of Investigation. (Attachments: # 1 Exhibit A, Plaintiffs' Motion for Extension of Time to Respond to Defendants' Motion for Summary Judgment and Motion to Dismiss, # 2 Exhibit B, Plaintiffs' Motion for Extension of Time to Respond to Defendants' Motion for Summary Judgment and Motion to Dismiss, # 3 Exhibit C, Plaintiffs' Opposition to Defendants' Motion for Summary Judgment and Motion to Dismiss)(Biersbach, Nicholas) [Transferred from Illinois Southern on 11/16/2018.] (Entered: 10/23/2018) |
| 2018-10-26 | 61 | SUPPLEMENT by Bureau of Alcohol, Tobacco, and Firearms, Executive Office of US Attorneys, Federal Bureau of Investigation. Supplement to 60 Motion to Strike,, . (Attachments: # 1 Exhibit A - Complaint from the District of D.C.)(Biersbach, Nicholas) [Transferred from Illinois Southern on 11/16/2018.] (Entered: 10/26/2018) |
| 2018-11-13 | 62 | ORDER - Granting 60 MOTION to Strike filed by Bureau of Alcohol, Tobacco, and Firearms, Executive Office of US Attorneys, Federal Bureau of Investigation. Said motion is granted on the basis that, per Local Rule 7.1, Plaintiff had 14 days to respond, has not, and thus, the Court takes Plaintiff's nonresponse as an admission of the facts set out in the motion. Additionally, under 28 U.S.C § 1404(a), "For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented." In this case, Plaintiff previously moved for a 30-day extension of time because he had recently reached an agreement to retain counsel, Mr. Larry Klayman, Esq. Subsequent to the motion for extension of time, Defendant informed the Court 61 that Mr. Klayman filed a separate but substantially similar FOIA lawsuit against the FBI, DOJ, and ATF in the District of D.C. Therefore, pursuant to § 1404(a), and in the interest of justice, the Court transfers the present matter to the D.C. District Court because the venue is closer to the records requested and it is likely the D.C. District Court will want to consolidate the cases so that both can be efficiently handled. The Clerk shall transfer the present case to the United States District Court for the District of Columbia. Signed by Judge David R. Herndon on 11/13/2018. (jer)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 11/16/2018.] (Entered: 11/13/2018) |
| 2018-11-16 | 63 | Case transferred in from District of Illinois Southern; Case Number 3:17-cv-00611. Original file certified copy of transfer order and docket sheet received. (Entered: 11/16/2018) |
| 2018-11-29 | 64 | STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 11/29/18. (Attachment: # 1 Exhibit 1) (mac) (Entered: 11/29/2018) |
| 2019-02-11 | 65 | NOTICE of Appearance by Larry E. Klayman on behalf of FRANCIS SCHAEFFER COX (Klayman, Larry) (Entered: 02/11/2019) |
| 2019-02-14 | 66 | NOTICE of Appearance by Melanie Dyani Hendry on behalf of BUREAU OF ALCOHOL, TOBACCO, AND FIREARMS, EXECUTIVE OFFICE OF U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION (Hendry, Melanie) (Entered: 02/14/2019) |
| 2019-02-14 | | Cases associated with 18cv2116. The Clerk of Court is directed to consolidate Civil Action No. 18-2657 under Civil Action No. 18-2116, and close Civil Action No. 18-2657. All future filings shall be made in 18cv2116. (jf) (Entered: 03/11/2019) |
| 2019-03-08 | 67 | ENTERED IN ERROR.....RESPONSE TO ORDER TO SHOW CAUSE by FRANCIS SCHAEFFER COX . (Klayman, Larry) Modified on 3/11/2019 (jf). (Entered: 03/08/2019) |
| 2019-03-08 | 68 | ENTERED IN ERROR.....Joint STATUS REPORT by FRANCIS SCHAEFFER COX. (Klayman, Larry) Modified on 3/11/2019 (zjf). (Entered: 03/08/2019) |
| 2019-03-11 | | NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 67 Response to Order to Show Cause was entered in error and counsel was instructed to refile said pleading in the correct case. (jf) (Entered: 03/11/2019) |
| 2019-03-11 | | NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 68 Status Report was entered in error. This is a closed case. Counsel is reminded of the Court's Minute Order dated 02/14/2019, all future filings shall be made in 18cv2116. (jf) (Entered: 03/11/2019) |
| 2019-04-19 | 69 | MOTION to Clarify re 64 Standing Order, by FRANCIS SCHAEFFER COX (jf) (Entered: 04/22/2019) |
| 2019-04-24 | | MINUTE ORDER. Currently pending before the Court is 69 Plaintiff's Motion to Clarify re 64 Standing Order. On August 10, 2018, Defendants filed a motion for summary judgment as to Counts 2-4, 5(a), 5(b), and 5(d) of the Amended Complaint, and Defendants moved to dismiss Count 5(c) as moot in the U.S. District Court for the Southern District of Illinois ("Southern District of Illinois"). On November 13, 2018, the Southern District of Illinois granted 60 Defendants' Motion to Strike Pursuant to Rule 11(A) and For Clarification because Mr. Cox did not respond to said motion within the prescribed time limits, striking from the record 50 Plaintiff's Motion for Extension of Time to File Response/Reply, 56 Plaintiff's Motion for Extension of Time to Respond, and 57 Plaintiff's Response to Defendants' Motion for Summary Judgment. On the same day, the Southern District of Illinois transferred this case to this Court under 28 U.S.C § 1404(a). On November 29, 2018, this Court issued the 64 Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan. On February 14, 2019, this Court accepted this case as related to Freedom Watch, Inc. v. U.S. Department of Justice et al., Civil Action No. 18-2116 (D.D.C.), consolidated this case under Civil Action No. 18-2116, and closed this case. Mr. Cox now seeks clarification as to Section V of the Court's Standing Order. See Standing Order, ECF No. 64 at 3 § V. Section V states that "[a] defendant removing an action to this Court must refile as a supplement to the petition any answer and must promptly ensure that all parties receive a copy of this Standing Order. Any pending motion at the time of removal must be refiled in this Court by the party seeking relief for the motion to be considered. See Fed. R. Civ. P. 81(c)(2)." Id. Federal Rule of Civil Procedure 81(c) applies to "a civil action after it is removed from a state court." Fed. R. Civ. P. 81(c)(1); see also Fed. R. Civ. P. 81(c)(2) (setting forth the requirements for a defendant who did not answer before removal from a state court). Section V of the Court's Standing Order only applies to a defendant who has removed a civil action from a state court to this Court. See, e.g., Standing Order, ECF No. 64 at 3 § V; Fed. R. Civ. P. 81(c)(1). Section V did not apply to 46 Defendants' Motion for Summary Judgment because the Southern District of Illinois, a federal district court, transferred this case to this Court; thus, Defendants were not required to refile their pending motion for summary judgment. Mr. Cox's response to Defendants' motion for summary judgment has been stricken from the record since November 13, 2018. Mr. Cox has failed to respond to Defendants' motion for summary judgment. Mr. Cox therefore has conceded the points and arguments raised in Defendants' motion for summary judgment. See, e.g., LCvR 7(b); Wilkins v. Jackson, 750 F. Supp. 2d 160, 162 (D.D.C. 2010) ("It is well established that if a plaintiff fails to respond to an argument raised in a motion for summary judgment, it is proper to treat that argument as conceded."); Duffy v. Verizon Commc'ns, Inc., No. CIV.A.05-02005(TFH), 2007 WL 2506445, at *1 (D.D.C. Aug. 31, 2007) (treating defendant's motion as conceded for pro se plaintiff's failure to respond within the prescribed time limits). Accordingly, Count I of the Amended Complaint is the sole remaining claim, and Defendants' motion for summary judgment as to Count I is forthcoming in the consolidated Civil Action No. 18-2116. All future filings shall be made in the consolidated Civil Action No. 18-2116. Signed by Judge Emmet G. Sullivan on 4/24/2019. (lcegs3) (Entered: 04/24/2019) |
| 2019-04-25 | 70 | RESPONSE TO ORDER OF THE COURT re Order on Motion to Clarify,,,,,,,,,,,,,,, filed by FRANCIS SCHAEFFER COX. (Attachments: # 1 Opposition, # 2 Affidavit, # 3 Book Cover)(Klayman, Larry) (Entered: 04/25/2019) |
| 2019-04-29 | | MINUTE ORDER. Currently pending before the Court is 70 Plaintiff's Response to Order of the Court. Mr. Cox requests that this Court vacate its Minute Order of April 24, 2019 and consider his "Opposition to Defendants' Motion for Summary Judgment and Motion to Dismiss timely [filed] on October 11, 2018 in the U.S. District Court for the Southern District of Illinois ('Illinois Court') [3:17-cv-00611]." Pl.'s Resp., ECF No. 70 at 1. According to Mr. Cox, the Clerk of Court for the United States District Court for the Southern District of Illinois "never filed [his opposition brief]" and "it got lost in the shuffle when the case was transferred to this Court." Id. In light of Mr. Cox's representations, the Court HEREBY STAYS its Minute Order of April 24, 2019 until further order of this Court. It is FURTHER ORDERED that Defendants shall file a response in opposition to 70 Mr. Cox's response by no later than May 10, 2019. Defendants shall include points and authorities in support of any disagreements with Mr. Cox's response. Mr. Cox shall file a reply brief by no later than May 17, 2019. The Court declines Mr. Cox's request for a hearing, and all pending requests shall be decided on the papers unless otherwise directed. See LCvR 7(f). Signed by Judge Emmet G. Sullivan on 4/29/2019. (lcegs3) (Entered: 04/29/2019) |
| 2019-04-29 | | Set/Reset Deadlines: Defendant Response In Opposition To 70 Plaintiff's Response due by 5/10/2019. Plaintiff Reply Brief due by 5/17/2019. (mac) (Entered: 04/29/2019) |
| 2019-05-09 | 71 | Consent MOTION for Extension of Time to File Response/Reply by BUREAU OF ALCOHOL, TOBACCO, AND FIREARMS, EXECUTIVE OFFICE OF U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION (Hendry, Melanie) (Entered: 05/09/2019) |
| 2019-05-09 | | MINUTE ORDER granting 71 Defendants' Consent Motion for Extension of Time. The parties shall adhere to the following modified schedule: (1) Defendants shall file a response in opposition to 70 Mr. Cox's response by no later than May 17, 2019; and (2) Mr. Cox shall file a reply brief by no later than May 24, 2019. Signed by Judge Emmet G. Sullivan on 5/9/2019. (lcegs3) (Entered: 05/09/2019) |
| 2019-05-10 | | Set/Reset Deadlines: Defendants Response In Opposition To 70 Plaintiff's Response due by 5/17/2019. Plaintiff Reply Brief due by 5/24/2019. (mac) (Entered: 05/10/2019) |
| 2019-05-20 | | MINUTE ORDER. In view of Defendants' Response that states Defendants do not oppose Mr. Cox's request to file his [70-1] Opposition to Defendants' Motion for Summary Judgment and Motion to Dismiss in the Cox Action, No. 18-cv-2657, the Court hereby VACATES the portion of the Court's April 24, 2019 Minute Order with respect to Mr. Cox's opposition to 46 Defendants' Motion for Summary Judgment. The Court shall consider Mr. Cox's [70-1] Opposition to Defendants' Motion for Summary Judgment and Motion to Dismiss. All filings shall be made in the consolidated Civil Action No. 18-2116. Signed by Judge Emmet G. Sullivan on 5/20/2019. (lcegs3) (Entered: 05/20/2019) |
| 2019-08-07 | 72 | NOTICE OF SUBSTITUTION OF COUNSEL by John Moustakas on behalf of BUREAU OF ALCOHOL, TOBACCO, AND FIREARMS, EXECUTIVE OFFICE OF U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION Substituting for attorney Melanie Hendry (Moustakas, John) (Entered: 08/07/2019) |
| 2020-07-22 | 73 | Joint STATUS REPORT by BUREAU OF ALCOHOL, TOBACCO, AND FIREARMS, EXECUTIVE OFFICE OF U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION. (Moustakas, John) (Entered: 07/22/2020) |
| 2020-07-22 | | MINUTE ORDER. On February 14, 2019, the Court consolidated Cox v. EOUSA, Civil Action No. 18-2657 with Freedom Watch v. FBI, Civil Action No.18-2116 and directed that Civil Action No. 18-2657 be closed. In view of 28 Notice of Voluntary Dismissal in Civil Action No. 18-2116, the Clerk of Court is directed to reopen Civil Action No. 18-2657. Signed by Judge Emmet G. Sullivan on 7/22/2020. (lcegs3) (Entered: 07/22/2020) |
| 2020-07-22 | | MINUTE ORDER. In view of 73 joint status report, the parties are directed to file another joint status report with recommendations for further proceedings by no later than October 20, 2020. The parties are reminded that Freedom Watch v. FBI, Civil Action No.18-2116 has been dismissed. Signed by Judge Emmet G. Sullivan on 7/22/2020. (lcegs3) (Entered: 07/22/2020) |
| 2020-07-23 | | Set/Reset Deadlines: Joint Status Report due by 10/20/2020 (mac) (Entered: 07/23/2020) |
| 2020-10-30 | 74 | NOTICE of Appearance by Tyler Jay King on behalf of FRANCIS SCHAEFFER COX (King, Tyler) (Entered: 10/30/2020) |
| 2020-10-30 | 75 | Joint STATUS REPORT by BUREAU OF ALCOHOL, TOBACCO, AND FIREARMS, EXECUTIVE OFFICE OF U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION. (Moustakas, John) (Entered: 10/30/2020) |
| 2020-11-04 | | MINUTE ORDER. In view of 75 joint status report, the parties are directed to file another joint status report with a recommendation for further proceedings by no later than January 28, 2021. Signed by Judge Emmet G. Sullivan on 11/4/2020. (lcegs3) (Entered: 11/04/2020) |
| 2020-11-05 | | Set/Reset Deadlines: Joint Status Report due by 1/28/2021 (mac) (Entered: 11/05/2020) |
| 2021-01-28 | 76 | Joint STATUS REPORT by FRANCIS SCHAEFFER COX. (King, Tyler) (Entered: 01/28/2021) |
| 2021-02-05 | | MINUTE ORDER. In view of 76 joint status report, the parties are directed to file another joint status report with a recommendation for further proceedings by no later than April 28, 2021. Signed by Judge Emmet G. Sullivan on 2/5/2021. (lcegs3) (Entered: 02/05/2021) |
| 2021-02-06 | | Set/Reset Deadlines: Joint Status Report due by 4/28/2021. (mac) (Entered: 02/06/2021) |
| 2021-04-28 | 77 | Joint STATUS REPORT by FRANCIS SCHAEFFER COX. (King, Tyler) (Entered: 04/28/2021) |
| 2021-04-28 | 78 | STATUS REPORT by BUREAU OF ALCOHOL, TOBACCO, AND FIREARMS, EXECUTIVE OFFICE OF U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION. (Moustakas, John) (Entered: 04/28/2021) |
| 2021-05-10 | | MINUTE ORDER. In view of 77 , 78 joint status report, the parties are directed to file another joint status report with a recommendation for further proceedings by no later than July 27, 2021. Signed by Judge Emmet G. Sullivan on 5/10/2021. (lcegs3) (Entered: 05/10/2021) |
| 2021-05-11 | | Set/Reset Deadlines: Joint Status Report due by 7/27/2021. (mac) (Entered: 05/11/2021) |
| 2021-07-28 | 79 | Joint STATUS REPORT by BUREAU OF ALCOHOL, TOBACCO, AND FIREARMS, EXECUTIVE OFFICE OF U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION. (Moustakas, John) (Entered: 07/28/2021) |
| 2021-10-04 | | MINUTE ORDER. In view of 79 joint status report, the parties are directed to file another joint status report with a recommendation for further proceedings by no later than October 25, 2021. Signed by Judge Emmet G. Sullivan on 10/4/2021. (lcegs3) (Entered: 10/04/2021) |
| 2021-10-04 | | Set/Reset Deadlines: Joint Status Report due by 10/25/2021 (mac) (Entered: 10/04/2021) |
| 2021-10-25 | 80 | Joint STATUS REPORT by BUREAU OF ALCOHOL, TOBACCO, AND FIREARMS, EXECUTIVE OFFICE OF U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION. (Moustakas, John) (Entered: 10/25/2021) |
| 2021-10-26 | | MINUTE ORDER. In view of 80 joint status report, the parties are directed to file another joint status report with a recommendation for further proceedings by no later than January 28, 2022. Signed by Judge Emmet G. Sullivan on 10/26/2021. (lcegs3) (Entered: 10/26/2021) |
| 2021-10-27 | | Set/Reset Deadlines: Joint Status Report due by 1/28/2022 (mac) (Entered: 10/27/2021) |
| 2022-01-28 | 81 | Joint STATUS REPORT by FRANCIS SCHAEFFER COX. (King, Tyler) (Entered: 01/28/2022) |
| 2022-03-04 | | MINUTE ORDER. In view of 81 joint status report, the parties are directed to file another joint status report with a recommendation for further proceedings by no later than April 29, 2022. Signed by Judge Emmet G. Sullivan on 3/4/2022. (lcegs1) (Entered: 03/04/2022) |
| 2022-03-07 | | Set/Reset Deadlines: Joint Status Report due by 4/29/2022 (mac) (Entered: 03/07/2022) |
| 2022-04-29 | 82 | Joint STATUS REPORT by BUREAU OF ALCOHOL, TOBACCO, AND FIREARMS, EXECUTIVE OFFICE OF U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION. (Moustakas, John) (Entered: 04/29/2022) |
| 2022-06-22 | | MINUTE ORDER. In view of 82 Joint Status Report, the parties are directed to file another joint status report with a recommendation for further proceedings by no later than July 27, 2022. Signed by Judge Emmet G. Sullivan on 6/22/2022. (lcegs1) (Entered: 06/22/2022) |
| 2022-06-22 | | Set/Reset Deadlines: Joint Status Report due by 7/27/2022 (mac) (Entered: 06/22/2022) |
| 2022-07-27 | 83 | Joint STATUS REPORT by BUREAU OF ALCOHOL, TOBACCO, AND FIREARMS, EXECUTIVE OFFICE OF U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION. (Moustakas, John) (Entered: 07/27/2022) |
| 2022-07-30 | 84 | MINUTE ORDER. In view of 83 Joint Status Report, the parties are directed to file another joint status report with a recommendation for further proceedings by no later than October 26, 2022. Signed by Judge Emmet G. Sullivan on 7/30/2022. (lcegs1) (Entered: 07/30/2022) |
| 2022-08-01 | | Set/Reset Deadlines: Joint Status Report due by 10/26/2022 (mac) (Entered: 08/01/2022) |
| 2022-10-28 | 85 | Consent MOTION for Extension of Time to File Joint Status Report by FRANCIS SCHAEFFER COX. (King, Tyler) (Entered: 10/28/2022) |
| 2022-11-11 | | MINUTE ORDER granting in part and denying in part 85 consent motion for extension of time. The parties are directed to file a Joint Status Report with recommendations for further proceedings by no later than November 18, 2022. Signed by Judge Emmet G. Sullivan on 11/11/2022. (lcegs1) (Entered: 11/11/2022) |
| 2022-11-14 | | Set/Reset Deadlines: Joint Status Report due by 11/18/2022 (mac) (Entered: 11/14/2022) |
| 2022-11-17 | 86 | Joint STATUS REPORT by FRANCIS SCHAEFFER COX. (King, Tyler) (Entered: 11/17/2022) |
| 2022-11-21 | | MINUTE ORDER. In view of 84 Joint Status Report, the parties are directed to file another joint status report with a recommendation for further proceedings by no later than January 24, 2023. Signed by Judge Emmet G. Sullivan on 11/21/2022. (lcegs1) (Entered: 11/21/2022) |
| 2022-11-21 | | Set/Reset Deadlines: Joint Status Report due by 1/24/2023 (mac) (Entered: 11/21/2022) |
| 2023-01-24 | 87 | Joint STATUS REPORT by FRANCIS SCHAEFFER COX. (King, Tyler) (Entered: 01/24/2023) |
| 2023-01-25 | | RESOLVED...NOTICE of Provisional/Government Not Certified Status re 87 Joint STATUS REPORT by FRANCIS SCHAEFFER COX. (King, Tyler). Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 2/1/2023. (zbaj) Modified on 2/9/2023 (zbaj). (Entered: 01/25/2023) |
| 2023-01-26 | | MINUTE ORDER. In view of 87 Joint Status Report, the parties are directed to file another joint status report with a recommendation for further proceedings by no later than April 23, 2023. Signed by Judge Emmet G. Sullivan on 1/26/2023. (lcegs1) (Entered: 01/26/2023) |
| 2023-01-26 | | Set/Reset Deadlines: Joint Status Report due by 4/23/2023. (mac) (Entered: 01/26/2023) |
| 2023-04-24 | 88 | Joint STATUS REPORT by FRANCIS SCHAEFFER COX. (King, Tyler) (Entered: 04/24/2023) |
| 2023-04-25 | | MINUTE ORDER. In view of 88 joint status report, the parties shall file a further joint status report on October 23, 2023, and every 180 days thereafter until further Order of the Court. Signed by Judge Emmet G. Sullivan on 4/25/2023. (lcegs1) (Entered: 04/25/2023) |
| 2023-04-25 | | Set/Reset Deadlines: Further Joint Status Report due by 10/23/2023 (mac) (Entered: 04/25/2023) |
| 2023-10-23 | 89 | Joint STATUS REPORT by FRANCIS SCHAEFFER COX. (King, Tyler) (Entered: 10/23/2023) |
| 2023-12-14 | | Case directly reassigned to Judge Loren L. AliKhan. Judge Emmet G. Sullivan is no longer assigned to the case. (ztnr) (Entered: 12/14/2023) |
| 2023-12-22 | | MINUTE ORDER: Upon consideration of the parties' joint status report 89 , it is hereby ORDERED that the parties shall file a joint status report on or before January 22, 2024. Signed by Judge Loren L. AliKhan on 12/22/2023. (lclla3) (Entered: 12/22/2023) |
| 2023-12-26 | | Set/Reset Deadlines/Hearings: Joint Status Report due by 1/22/2024. (zcdw) (Entered: 12/26/2023) |
| 2024-01-16 | 90 | NOTICE OF SUBSTITUTION OF COUNSEL by M. Jared Littman on behalf of All Defendants Substituting for attorney John Moustakas (Littman, M.) (Entered: 01/16/2024) |
| 2024-01-19 | 91 | Joint STATUS REPORT by BUREAU OF ALCOHOL, TOBACCO, AND FIREARMS, EXECUTIVE OFFICE OF U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION. (Littman, M.) (Entered: 01/19/2024) |
| 2024-01-19 | | MINUTE ORDER: Upon consideration of the parties' joint status report 91 , it is hereby ORDERED that the parties shall file a joint status report on or before April 22, 2024. Signed by Judge Loren L. AliKhan on 01/19/2024. (lclla3) (Entered: 01/19/2024) |
| 2024-01-22 | | Set/Reset Deadlines/Hearings: Joint Status Report due by 4/22/2024. (zcdw) (Entered: 01/22/2024) |
| 2024-01-26 | 92 | Mail Returned as Undeliverable re Order Sent to FRANCIS SCHAEFFER COX; Minute Order; Resent to New Address: No updated address provided. (zcb) (Entered: 01/30/2024) |
 Hide Docket Events |
