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Case TitleSmith v. Department of Defense
DistrictDistrict of Kansas
CityTopeka
Case Number5:2021cv03070
Date Filed2021-03-08
Date Closed2021-10-01
JudgeDistrict Judge John W. Broomes
PlaintiffGary L. Smith
Case DescriptionGary Smith submitted four FOIA requests to the Department of Defense concerning the prosecution of four military members. After hearing nothing further from the agency, Smith filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantDepartment of Defense
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-03-081VERIFIED CIVIL COMPLAINT filed by Plaintiff Gary L. Smith. (Attachments: # 1 Envelope) (smnd) (Entered: 03/08/2021)
2021-03-082MOTION for Leave to Proceed in forma pauperis by Plaintiff Gary L. Smith. (smnd) (Entered: 03/08/2021)
2021-03-083AFFIDAVIT in Support of 2 MOTION for Leave to Proceed in forma pauperis by Gary L. Smith. (smnd) (Entered: 03/08/2021)
2021-03-094ORDER ENTERED: Plaintiff's motion for leave to proceed in forma pauperis (Doc. 2 ) is granted. The Clerk is directed to serve summons on the Department of Defense. Signed by U.S. Senior District Judge Sam A. Crow on 03/09/21. Mailed to pro se party Gary L. Smith by regular mail. (smnd) (Entered: 03/09/2021)
2021-03-09SUMMONS ISSUED as to Department of Defense, U.S. Attorney and U.S. Attorney General (issued to US Marshal for service). (smnd) (Entered: 03/09/2021)
2021-03-195Summons Returned Executed -- served by Personal Service on 3/17/2021. Department of Defense served on 3/17/2021, answer due 5/17/2021. Summons served on United States Attorney. (smnd) (Entered: 03/19/2021)
2021-04-056Summons Returned Executed -- served by Certified Mail on 3/29/2021. Summons served on United States Attorney General. (smnd) (Entered: 04/06/2021)
2021-04-057Summons Returned Executed -- served by Certified Mail on 3/29/2021. Summons served on United States Department of Defense. (smnd) (Entered: 04/06/2021)
2021-04-068CLERKS ORDER EXTENDING TIME until April 30, 2021 for Defendant Department of Defense to answer or otherwise plead. Signed by Deputy Clerk on 04/06/21. Mailed to pro se party Gary L. Smith by regular mail. (smnd) (Entered: 04/07/2021)
2021-04-299ANSWER to 1 Complaint by Department of Defense.(Taylor, Andrea) (Entered: 04/29/2021)
2021-04-3010MINUTE ORDER REASSIGNING CASE: Case reassigned to District Judge John W. Broomes and Magistrate Judge Kenneth G. Gale for all further proceedings. Senior District Judge Sam A. Crow no longer assigned to case. Entered by Deputy Clerk on 04/30/21. Mailed to pro se party Gary L. Smith by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (smnd) (Entered: 04/30/2021)
2021-05-11MINUTE ORDER -- Status conference, via telephone, set for Friday, May 28, 2021, at 11:00. Signed by Magistrate Judge Kenneth G. Gale on 5/11/21. Mailed to pro se party Gary Smith by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (df) (Entered: 05/11/2021)
2021-05-1111NOTICE OF TELEPHONE CONFERENCE: (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Status Conference, to discuss scheduling going forward, set for 5/28/2021 at 11:00 AM by Telephone (KGG - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 5407703) before Magistrate Judge Kenneth G. Gale. (df) (Entered: 05/11/2021)
2021-05-11NOTICE Re: Pro Se Mailing. Document Minute Order, and 11 Notice of Telephone Conference, in addition to a copy of the Scheduling Order form, mailed to Gary L.Smith at CoreCivic Leavenworth, 100 Highway Terrace, Leavenworth, KS 66048 on 5/11/2021 by regular mail. (aw) (Entered: 05/11/2021)
2021-05-1212NOTICE of Change of Address by Leavenworth Detention Center Inmate Records Clerk for Plaintiff Gary L. Smith, #52962-019: now at FCI Coleman - Low, P.O. Box 1031, Coleman, Florida 33521. (This is a TEXT ENTRY ONLY. There is no .pdf document associated with this entry.) (smnd) Modified text to clarify text entry only. (smnd) (Entered: 05/13/2021)
2021-05-2513NOTICE OF CANCELLED HEARING: telephone conference with Judge Kenneth G. Gale set for May 28, 2021 at 11:00 a.m. has been cancelled. The hearing ultimately will be re-set by separate docket entry. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (df) (Entered: 05/25/2021)
2021-05-2714NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS TELEPHONE STATUS CONFERENCE to discuss scheduling going forward. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Mailed to pro se party Gary Smith by regular mail. Telephone Conference set for 6/9/2021 at 10:00 AM (Central Time) by telephone (KGG - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 5407703) before Magistrate Judge Kenneth G. Gale. (df) (Entered: 05/27/2021)
2021-06-09MINUTE ENTRY for proceedings held before Magistrate Judge Kenneth G. Gale: SCHEDULING CONFERENCE held on 6/9/2021. (Tape #10:00 - 10:13.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (df) (Entered: 06/09/2021)
2021-06-0915MINUTE ORDER. The Court conducted a telephone scheduling conference on June 9, 2021. The Plaintiff appeared pro se, and the Defendant appeared through counsel Andrea Taylor. The parties advised the Court that they are attempting to resolve this matter by agreement. The Scheduling Conference is continued to August 18, 2021 at 10:00. Signed by Magistrate Judge Kenneth G. Gale on 6/9/21. Mailed to pro se party Gary Smith by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (df) (Entered: 06/09/2021)
2021-06-0916NOTICE OF RE-SET SCHEDULING CONFERENCE: (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Scheduling Conference set for 8/18/2021 at 10:00 AM CENTRAL TIME (11:00 am EASTERN TIME) (by telephone (KGG - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 5407703) before Magistrate Judge Kenneth G. Gale. (df) (Entered: 06/09/2021)
2021-08-18MINUTE ENTRY for proceedings held before Magistrate Judge Kenneth G. Gale: SCHEDULING CONFERENCE held on 8/18/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (tl) (Entered: 08/18/2021)
2021-08-1817MINUTE ORDER. The parties have indicated that the issues in this case have been resolved. The defendant is ordered to draft a stipulation of dismissal for the plaintiff to sign. The court expects the stipulation of dismissal to be filed within the next 60 days. Signed by Magistrate Judge Kenneth G. Gale on 08/18/21.Mailed to pro se party Gary Smith by regular mail (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(tl) (Entered: 08/18/2021)
2021-10-0118STIPULATION OF DISMISSAL by Department of Defense. (Taylor, Andrea) (Entered: 10/01/2021)
2021-10-01***Civil Case Terminated pursuant to 18 Stipulation of Dismissal. (ca) (Entered: 10/01/2021)
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by FOIA Project Staff
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