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Case TitleHooker v. Wilkie et al
DistrictMiddle District of Florida
CityTampa
Case Number8:2020cv01248
Date Filed2020-06-01
Date Closed2021-02-26
JudgeJudge William F. Jung
PlaintiffCarlton Eugene Hooker, Jr.
Case DescriptionCarlton Hooker submitted FOIA requests to the Department of Veterans Affairs for records concerning hiring decisions. The agency failed to respond to his requests and Hooker filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantRobert Wilkie Secretary, Department of Veterans Affairs
DefendantRobert Wilkie Secretary, Department of Veterans Affairs
TERMINATED: 08/11/2020
DefendantWilliam Barr Attorney General, United States Department of Justice
TERMINATED: 08/11/2020
DefendantWilliam Barr Attorney General, United States Department of Justice
DefendantOffice of Personnel Management
DefendantDepartment of Veteran Affairs
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [19]
Opinion/Order [38]
Opinion/Order [48]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-06-011COMPLAINT against All Defendants. (Filing fee $ 400, receipt number TPA61033) filed by Carlton E. Hooker, Jr. (Attachments: # 1 Civil Cover Sheet, # 2 Supplement)(MCB) (Entered: 06/01/2020)
2020-06-012SUMMONS issued as to William Barr and Robert Wilkie.(MCB) (Entered: 06/01/2020)
2020-06-013MOTION for Miscellaneous Relief, specifically for access to CM/ECF by Carlton E. Hooker, Jr. (MCB) (Entered: 06/01/2020)
2020-06-044ORDER denying 3 Plaintiff's Request for Access to CM/ECF. Signed by Magistrate Judge Christopher P. Tuite on 6/4/2020. (AHA) (Entered: 06/04/2020)
2020-06-095RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Counsel and any unrepresented party shall meet within sixty days after service of the complaint upon any defendant for the purpose of preparing and filing a Case Management Report. Signed by Judge William F. Jung on 6/9/2020. (SAO) (Entered: 06/09/2020)
2020-06-156NOTICE of pendency of related cases re 5 Related case order and track 2 notice per Local Rule 1.04(d) by Carlton E. Hooker, Jr. Related case(s): yes (JLD) (Entered: 06/15/2020)
2020-06-157CERTIFICATE of interested persons and corporate disclosure statement re 5 Related case order and track 2 notice by Carlton E. Hooker, Jr. (JLD) (Entered: 06/15/2020)
2020-07-028MOTION to Dismiss Complaint by All Defendants. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Leuthauser, Stephanie) (Entered: 07/02/2020)
2020-07-029NOTICE of pendency of related cases per Local Rule 1.04(d) by William Barr, Robert Wilkie. Related case(s): Yes (Leuthauser, Stephanie) (Entered: 07/02/2020)
2020-07-0210CERTIFICATE of interested persons and corporate disclosure statement re 5 Related case order and track 2 notice by William Barr, Robert Wilkie. (Leuthauser, Stephanie) (Entered: 07/02/2020)
2020-07-0611MOTION for Summary Judgment by Carlton E. Hooker, Jr. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(MCB) (Entered: 07/07/2020)
2020-07-1012NOTICE by William Barr, Robert Wilkie re 8 MOTION to Dismiss Complaint (Attachments: # 1 Exhibit H)(Leuthauser, Stephanie) (Entered: 07/10/2020)
2020-07-1313ENDORSED ORDER: Plaintiff's response to the Motion to Dismiss (Doc. 8) is due July 20, 2020 according to the rules. Signed by Judge William F. Jung on 7/13/2020. (Jung, William) (Entered: 07/13/2020)
2020-07-1314RESPONSE to Motion re 8 MOTION to Dismiss Complaint filed by Carlton E. Hooker, Jr. (LNR) (Entered: 07/14/2020)
2020-07-2115MOTION to Stay Response Deadlines and Case Management Deadlines by All Defendants. (Leuthauser, Stephanie) (Entered: 07/21/2020)
2020-07-2116ENDORSED ORDER granting 15 Motion to Stay deadlines for responses and case management until the Court rules on the pending motion to dismiss. Signed by Judge William F. Jung on 7/21/2020. (CCB) (Entered: 07/21/2020)
2020-07-2317RESPONSE re 12 Notice (Other) filed by Carlton E. Hooker, Jr. (Attachments: # 1 Exhibit)(CRH) (Entered: 07/23/2020)
2020-07-2718RESPONSE re 16 Order on Motion to Stay filed by Carlton E. Hooker, Jr. (JLD) (Entered: 07/28/2020)
2020-07-3119ORDER granting 8 Motion to Dismiss. Should Plaintiff not file an amended complaint within fourteen (14) days, this case will be closed. Signed by Judge William F. Jung on 7/31/2020. (CCB) (Entered: 07/31/2020)
2020-07-3120ENDORSED ORDER denying as premature 11 Motion for Summary Judgment. Signed by Judge William F. Jung on 7/31/2020. (CCB) (Entered: 07/31/2020)
2020-08-1021AMENDED COMPLAINT against Office of Personnel Management and Department of Veteran's Affairs filed by Carlton E. Hooker, Jr. Related document: 1 Complaint filed by Carlton E. Hooker, Jr. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(JLD) Modified on 8/12/2020 (JNB). Modified on 8/12/2020 (JLD). (Entered: 08/11/2020)
2020-08-1022NOTICE of pendency of related cases re 5 Related case order and track 2 notice per Local Rule 1.04(d) by Carlton E. Hooker, Jr. Related case(s): yes (JLD) (Entered: 08/11/2020)
2020-08-1123SUMMONS issued as to Office of Personnel Management, Department of Veteran Affairs. (JLD) Modified on 8/12/2020 (JNB). (Entered: 08/11/2020)
2020-08-2824MOTION for Miscellaneous Relief, specifically to Fix Response Deadline to Amended FOIA Complaint by Department of Veteran Affairs, Office of Personnel Management. (Leuthauser, Stephanie) (Entered: 08/28/2020)
2020-08-3125ENDORSED ORDER granting 24 Motion for extension of time. The September 22, 2020 due date suggested by the motion is permissible. Signed by Judge William F. Jung on 8/31/2020. (Jung, William) (Entered: 08/31/2020)
2020-08-3126MOTION for Miscellaneous Relief, specifically Court Order by Carlton E. Hooker, Jr. (Attachments: # 1 Supplement)(JLD) (Entered: 09/01/2020)
2020-09-0327ENDORSED ORDER denying 26 Motion. Movant must use normal case discovery methods per Fed. R. Civ. P. Signed by Judge William F. Jung on 9/3/2020. (Jung, William) (Entered: 09/03/2020)
2020-09-1628ENDORSED ORDER: Counsel and any unrepresented party shall meet within ten (10) days of the date of this Order for the purpose of preparing and filing a Case Management Report. This meeting may take place telephonically. The parties shall utilize the Case Management Report form located at the Court's website www.flmd.uscourts.gov/judges/william-jung. Unless otherwise ordered by the Court, a party may not seek discovery from any source before the meeting. Fed. R. Civ. P. 26 (d); Local Rule 3.05(c)(2)(B). Signed by Judge William F. Jung on 9/16/2020. (SAO) (Entered: 09/16/2020)
2020-09-1729MOTION for Summary Judgment against OPM, MOTION for Partial Summary Judgment against the VA by Carlton E. Hooker, Jr. (LNR) (Entered: 09/18/2020)
2020-09-2230MOTION to Dismiss Plaintiff's Amended FOIA Complaint by Department of Veteran Affairs, Office of Personnel Management. (Leuthauser, Stephanie) (Entered: 09/22/2020)
2020-09-2231MOTION for Miscellaneous Relief, specifically Motion to Redesignate Case to Track One or Stay Case Management Requirements by Department of Veteran Affairs, Office of Personnel Management. (Attachments: # 1 Exhibit Exhibit A)(Leuthauser, Stephanie) (Entered: 09/22/2020)
2020-09-2232ENDORSED ORDER granting 31 Motion to Redesignate Case to Track One. Signed by Judge William F. Jung on 9/22/2020. (CCB) (Entered: 09/22/2020)
2020-09-2233RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 1. Signed by Judge William F. Jung on 9/22/2020. (SAO) (Entered: 09/22/2020)
2020-10-0134MOTION for Extension of Time to File Response/Reply as to 29 MOTION for Summary Judgment, MOTION for Partial Summary Judgment by Department of Veteran Affairs, Office of Personnel Management. (Leuthauser, Stephanie) (Entered: 10/01/2020)
2020-10-0235ENDORSED ORDER granting 34 Motion for Extension of Time to File Response / Reply. Signed by Judge William F. Jung on 10/2/2020. (Jung, William) (Entered: 10/02/2020)
2020-10-0536MOTION for Recusal, MOTION for Extension of Time to File Response as to 30 MOTION to Dismiss Plaintiff's Amended FOIA Complaint by Carlton E. Hooker, Jr. (Attachments: # 1 Exhibit A, # 2 Mailing Envelope)(CRH) (Entered: 10/06/2020)
2020-10-0737ENDORSED ORDER: Plaintiff has moved for an extension of time to respond to the motion at Doc. 30. The extension is granted. Any response to Doc. 30 is due no later than November 20, 2020. Any reply to the response is due no later than November 30, 2020. Signed by Judge William F. Jung on 10/7/2020. (Jung, William) (Entered: 10/07/2020)
2020-10-0738ORDER denying 36 Motion for Recusal. Signed by Judge William F. Jung on 10/7/2020. (CCB) (Entered: 10/07/2020)
2020-10-2639MOTION to Disqualify Judge by Carlton Eugene Hooker, Jr. (Attachments: # 1 Exhibit 1-3)(AG) (Entered: 10/26/2020)
2020-11-0640RESPONSE in Opposition re 39 MOTION to Disqualify Judge filed by Department of Veteran Affairs, Office of Personnel Management. (Leuthauser, Stephanie) (Entered: 11/06/2020)
2020-11-1941***ENTERED IN ERROR.*** Modified on 11/20/2020 (JLD). (Entered: 11/20/2020)
2020-11-1942RESPONSE to Motion re 30 MOTION to Dismiss Plaintiff's Amended FOIA Complaint filed by Carlton Eugene Hooker, Jr. (Attachments: # 1 Exhibit, # 2 Exhibit)(JLD) Modified on 11/20/2020 (AG). (Entered: 11/20/2020)
2020-12-0743MOTION to Transfer Case by Carlton Eugene Hooker, Jr. (AG) (Entered: 12/07/2020)
2020-12-2144RESPONSE in Opposition re 43 MOTION to Change Venue / Transfer Case filed by Department of Veteran Affairs, Office of Personnel Management. (Leuthauser, Stephanie) (Entered: 12/21/2020)
2021-01-0545ENDORSED ORDER denying 43 Motion to Change Venue / Transfer Case. The motion appears to seek transfer to a case number that has been closed for some time. The transferee case is not open and has been dismissed. The grounds to support a transfer in the interest of justice and judicial economy are not met. Signed by Judge William F. Jung on 1/5/2021. (Jung, William) (Entered: 01/05/2021)
2021-01-0546ENDORSED ORDER denying 39 Motion to Disqualify Judge. The Motion contends the undersigned committed fraud upon the court by the undersigned's Order found here at Doc. 19. The basis for the Motion is objections to that Order, which dismissed the complaint without prejudice. Mr. Hooker contends this Court erred and did so fraudulently. At base, the Motion complains of the judicial act entered at Doc. 19. If Doc. 19 is in error, the appropriate remedy is to obtain a final judgment and take an appeal to the Eleventh Circuit, whose job is to carefully review the work of the district court. The Court of Appeals does indeed undertake a careful review of district court orders. Objections to a judicial act as stated by the Motion does not set forth sufficient grounds to support disqualification of the district judge. For these reasons and for reasons stated by the Government in their opposition to the Motion, the Motion is denied. Signed by Judge William F. Jung on 1/5/2021. (Jung, William) (Entered: 01/05/2021)
2021-01-1347MOTION for Declaratory Relief by Carlton Eugene Hooker, Jr. (Attachments: # 1 Exhibit, # 2 Exhibit)(AG) (Entered: 01/14/2021)
2021-02-0348ORDER denying as moot 29 Motion for Summary Judgment and for Partial Summary Judgment; granting 30 Motion to Dismiss; and denying 47 Motion for Declaratory Judgment. Should Plaintiff replead, any amended complaint must be consistent with the attached order and filed within fourteen (14) days. Signed by Judge William F. Jung on 2/3/2021. (CCB) (Entered: 02/03/2021)
2021-02-2649ENDORSED ORDER: There being no amended complaint within the time set forth, the Clerk will close this file and enter judgment for defendant in this matter. Signed by Judge William F. Jung on 2/26/2021. (Jung, William) (Entered: 02/26/2021)
2021-02-2650JUDGMENT in favor of Department of Veteran Affairs, Office of Personnel Management against Carlton Eugene Hooker, Jr. Signed by Deputy Clerk on 2/26/2021. (LNR) (Entered: 02/26/2021)
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