Case Detail

FOIA Project Annotation: A federal court in Ohio has ruled that Jeffrey Cottrell failed to show that he had served three federal agencies he was suing under FOIA. Cottrell operates several farms in Knox and Coshocton Counties that in aggregate exceed 1,000 acres. During the 1980s and 1990s, the Department of Justice initiated criminal investigations of Cottrell, which included allegations by the U.S. Attorney, and several components of the Department of Agriculture. Cottrell filed several FOIA and Privacy Act requests and when he heard nothing from the agencies, he filed suit. In its defense, the government argued that Cottrell's suit should be dismissed for failure to properly serve the agencies and for failure to state a claim. While Judge Algenon Marbley found that Cottrell's requests stated a claim sufficient to allow them to continue, he agreed with the agencies that Cottrell had failed, for the second time, to properly serve the agencies. Marbley observed that "absent extension by the Court, Plaintiff had until January 11, 2021, to effect service of process consistent with Federal Rules of Procedure 4(m). As of the 90-day deadline, Plaintiff had not only failed to effect service, but he had not event requested the issuance of a summons from the clerk of court, as is required under Rule 4(b)." Cottrell's attorney claimed he was unaware of the rules and thought service was automatic when suit was filed online. As a result, Marbley allowed Cottrell to have another chance to properly serve the parties. Cottrell failed to meet the second deadline as well. Dismissing the case this time, Marbley pointed out that "not only did Plaintiff miss both the rule-based and court-ordered deadlines, but he did so flagrantly. Thus, Plaintiff has not properly served Defendants. Assuming the 'good cause' analysis applies to situations where a plaintiff has already been granted a continuance to effect service, Plaintiff cannot satisfy this burden."
Issues: Litigation - Jurisdiction - Failure to State a Claim

Date Filed	Doc #	Docket Text
2020-10-12	1	COMPLAINT with JURY DEMAND against William P. Barr, David M DeVillers, Sonny Perdue ( Filing fee $ 400 paid - receipt number: 0648-7700711), filed by Jeffrey D Cottrell. (Kahrl, Clyde) (Entered: 10/12/2020)
2021-01-13	2	ORDER TO SHOW CAUSE: Plaintiff is ORDERED TO SHOW CAUSE WITHIN FOURTEEN (14) DAYS OF THE DATE OF THIS ORDER, why the action should not be dismissed and why an extension of time to effect service should be allowed. The good cause showing should be supported with sworn affidavits. Signed by Magistrate Judge Elizabeth Preston Deavers on 1/13/2021. (er) (Entered: 01/13/2021)
2021-01-26	3	REQUEST for Issuance of Summons. (Kahrl, Clyde) (Entered: 01/26/2021)
2021-01-26	4	REQUEST for Issuance of Summons. (Kahrl, Clyde) (Entered: 01/26/2021)
2021-01-26	5	REQUEST for Issuance of Summons. (Kahrl, Clyde) (Entered: 01/26/2021)
2021-01-26	6	REQUEST for Issuance of Summons. (Kahrl, Clyde) (Entered: 01/26/2021)
2021-01-27	7	AMENDED DOCUMENT by Plaintiff Jeffrey D Cottrell. . (Attachments: # 1 Civil Cover Sheet) (Kahrl, Clyde) (Entered: 01/27/2021)
2021-01-27	8	First MOTION for Extension of Time New date requested 4/27/2021. by Plaintiff Jeffrey D Cottrell. (Attachments: # 1 Affidavit) (Kahrl, Clyde) (Entered: 01/27/2021)
2021-01-28	9	ORDER granting 8 Motion for Extension of Time in that Plaintiff must effect service over Defendants within NINETY (90) DAYS OF THE DATE OF THIS ORDER. Signed by Magistrate Judge Elizabeth Preston Deavers on 1/28/2021. (er) (Entered: 01/28/2021)
2021-01-29		Notice of Correction: The Clerk mistakenly entered answer due dates for defendants that haven't been served yet. Those dates have been removed. (er) (Entered: 01/29/2021)
2021-01-29	10	Summons Issued as to Assistant Attorney General for Administration, William P. Barr, David M DeVillers, and Sonny Perdue. (daf) (Entered: 01/29/2021)
2021-04-29	11	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to Serve ( Responses due by 5/20/2021) by Defendants Assistant Attorney General for Administration, William P. Barr, David M DeVillers, Sonny Perdue. (Wolfe, Leah) (Entered: 04/29/2021)
2021-05-20	12	RESPONSE in Opposition re 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to Serve filed by Plaintiff Jeffrey D Cottrell. (Kahrl, Clyde) (Entered: 05/20/2021)
2021-06-03	13	REPLY to Response to Motion re 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to Serve filed by Defendants Assistant Attorney General for Administration, William P. Barr, David M DeVillers, Sonny Perdue. (Wolfe, Leah) (Entered: 06/03/2021)
2021-06-07	14	SUMMONS Returned Executed as to Defendant David M DeVillers. David M DeVillers served on 5/24/2021, answer due 7/23/2021. (Kahrl, Clyde) (Entered: 06/07/2021)
2021-06-07	15	SUMMONS Returned Executed as to Defendant Assistant Attorney General for Administration. Assistant Attorney General for Administration served on 5/25/2021, answer due 7/26/2021. (Kahrl, Clyde) (Entered: 06/07/2021)
2021-06-07	16	SUMMONS Returned Executed as to Defendant William P. Barr. William P. Barr served on 5/25/2021, answer due 7/26/2021. (Kahrl, Clyde) (Entered: 06/07/2021)
2021-06-07	17	Summons Returned Unexecuted by Jeffrey D Cottrell as to Sonny Perdue. (Kahrl, Clyde) (Entered: 06/07/2021)
2022-02-24	18	ORDER OF RECUSAL. Judge Edmund A. Sargus recused. Case reassigned to Chief Judge Algenon L. Marbley for all further proceedings. Signed by Judge Edmund A. Sargus on 2/24/2022. (cmw) (Entered: 02/24/2022)
2022-02-25	19	NOTICE of Substitution of Counsel - John J. Stark substituting for Leah M. Wolfe as to Defendants Assistant Attorney General for Administration, William P. Barr, David M DeVillers, Sonny Perdue. (Stark, John) (Entered: 02/25/2022)
2022-03-08	20	NOTICE of Hearing:Preliminary Pretrial Conference set for 4/5/2022 10:30 AM in Teleconference before Magistrate Judge Elizabeth Preston Deavers. (sln) (Entered: 03/08/2022)
2022-03-15	21	MOTION to Vacate 20 Notice of Hearing and Associated Rule 26(f) Reporting by Defendants Assistant Attorney General for Administration, William P. Barr, David M DeVillers, Sonny Perdue. (Stark, John) (Entered: 03/15/2022)
2022-03-16	22	ORDER - re 21 MOTION to Vacate the Preliminary Pretrial Conference; 20 Notice of Hearing and Associated Rule 26(f) Reporting . The default briefing schedule shall not apply. Plaintiff is DIRECTED to file an expedited response to the motion on or before March 23, 2022. No reply shall be filed unless ordered by the Court. Signed by Magistrate Judge Elizabeth Preston Deavers on March 16, 2022. (jlk) Modified text on 3/16/2022 (jlk). (Entered: 03/16/2022)
2022-03-23	23	RESPONSE in Opposition re 21 MOTION to Vacate 20 Notice of Hearing and Associated Rule 26(f) Reporting filed by Plaintiff Jeffrey D Cottrell. (Kahrl, Clyde) (Entered: 03/23/2022)
2022-03-23	24	Supplemental Memorandum Opposing re 21 MOTION to Vacate 20 Notice of Hearing and Associated Rule 26(f) Reporting filed by Plaintiff Jeffrey D Cottrell. (Kahrl, Clyde) (Entered: 03/23/2022)
2022-03-24	25	ORDER granting 21 MOTION to Vacate 20 Notice of Hearing and Associated Rule 26(f) Reporting . The Preliminary Pretrial Conference scheduled for April 5, 2022, is hereby VACATED. It will be rescheduled, as necessary, following the Courts ruling on Defendants Motion to Dismiss. Signed by Magistrate Judge Elizabeth Preston Deavers on March 24, 2022. (jlk) (Entered: 03/24/2022)
2022-06-29	26	OPINION and ORDER issued in that the Court DENIES Defendants' Motion to Dismisspursuant to 12(b)(1); GRANTS Defendants' Motion to Dismiss pursuant to 12(b)(5); DENIES as MOOT WITHOUT PREJUDICE Defendants' Motion to Dismiss pursuant to 12(b)(6). This case is DISMISSED WITHOUT PREJUDICE. Signed by Chief Judge Algenon L. Marbley on 6/29/22. (sem) (Entered: 06/29/2022)
2022-06-29	27	JUDGMENT entered pursuant to the Opinion and Order signed by Chief Judge Algenon L. Marbley on 6/29/22. (sem) (Entered: 06/29/2022)
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