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Case TitleAdams v. United States Department of LABOR/OSHA et al
DistrictWestern District of Arkansas
CityHarrison
Case Number3:2011cv03043
Date Filed2011-06-20
Date Closed2014-09-05
JudgeHonorable Timothy L. Brooks
PlaintiffDale B Adams
DefendantUnited States Department of LABOR/OSHA
DefendantHilda L. Solis United States Secretory of Labor
AppealEighth Circuit 12-3677
AppealEighth Circuit 14-3466
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [18]
Opinion/Order [37]
Opinion/Order [51]
Opinion/Order [52]
Opinion/Order [64]
Opinion/Order [66]
FOIA Project Annotation: The court rejected the magistrate judge's recommendation and report and reviewed Adams' complaint de novo. He found that Adams had made two requests to OSHA for records related to complaints against Tysons Foods. However, because Adams request was so vague, the agency asked for further clarification. Instead, he submitted a broader request. The agency provided some records with redactions under Exemption 7(C) (invasion of privacy concerning law enforcement records). The court upheld those redactions.
Issues: Adequacy - Search, Exemption 7(C)
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2011-06-201COMPLAINT with Jury Demand against Hilda L. Solis, United States Department of LABOR/OSHA, filed by Dale B Adams. (Attachments: # 1 Exhibit A - J Various Freedom of Information Act)(sh) (Entered: 06/20/2011)
2011-06-202APPLICATION for Leave to Proceed in forma pauperis, and MOTION for Service by Dale B Adams. Motions referred to James R. Marschewski.(sh) (Entered: 06/20/2011)
2011-06-203ORDER granting 2 Motion for Service and DIRECTING SERVICE on Hilda L. Solis, United States Department of LABOR/OSHA. Defendant is to answer within 60 days from the date of service, and granting 2 Motion for Leave to Proceed in forma pauperis. The District Clerk is directed to file the Complaint and in forma pauperis application. Signed by Honorable James R. Marschewski on June 20, 2011. (cc: U.S. Marshals Service-Certified)(sh) (Entered: 06/20/2011)
2011-06-20(3) USM285 Forms Delivered to USMS for service. (sh) (Entered: 06/20/2011)
2011-06-204CIVIL COVER SHEET for case initiated by Dale B Adams. (sh) (Entered: 06/20/2011)
2011-07-065USM-285 SUMMONS Returned Executed by Dale B Adams. United States Department of LABOR/OSHA served on 7/5/2011, answer due 9/6/2011. (lw) (Entered: 07/06/2011)
2011-07-116NOTICE of service upon U.S. Department of Labor/OSHA c/o Attorney General of U.S. Honorable Eric Holder on 6/29/11 by Certified Mail. (sh) (Entered: 07/11/2011)
2011-07-117NOTICE of service upon Secretory Solis, U.D. Dept of Labor, on 6/28/11 filed by Dale B Adams, by Certified Mail. (sh) (Entered: 07/11/2011)
2011-08-018MOTION for Extension of Time to File Response/Reply as to 1 Complaint by Hilda L. Solis, United States Department of LABOR/OSHA. Motions referred to James R. Marschewski.(Hawkins, Claude) (Entered: 08/01/2011)
2011-09-069ANSWER to 1 Complaint by United States Department of LABOR/OSHA, Hilda L. Solis. (Attachments: # 1 Exhibit Letters to Mr. Adams regarding FOIA)(Groom, Deborah) Modified on 9/6/2011 to add filer(mfr). (Entered: 09/06/2011)
2011-09-0610MOTION to Dismiss by Hilda L. Solis, United States Department of LABOR/OSHA. Motions referred to James R. Marschewski.(Groom, Deborah) (Entered: 09/06/2011)
2011-09-0611MEMORANDUM BRIEF in Support of 10 MOTION to Dismiss by Hilda L. Solis, United States Department of LABOR/OSHA. (Groom, Deborah) (Entered: 09/06/2011)
2011-09-2012MOTION for Extension of Time to File Response as to 10 MOTION to Dismiss by Dale B Adams. (Attachments: # 1 Exhibit A - Affidavit)Motions referred to James R. Marschewski.(rw) (Entered: 09/20/2011)
2011-09-2613FIRST MOTION for Injunction and constitutional challenge to remove plaintiff from terrorist watch lists and Brief in support by Dale B Adams. Motions referred to James R. Marschewski.(sh) (Entered: 09/26/2011)
2011-10-1114RESPONSE in Opposition re 13 MOTION for Injunctive and constitutional challente to remove plaintiff from terrorist watch lists and Brief in support filed by United States Department of LABOR/OSHA. (Groom, Deborah) (Entered: 10/11/2011)
2011-10-2015ORDER granting Defendants' 8 Motion for Extension of Time to File and granting Plaintiff's 12 Motion for Extension of Time to File Response. Plaintiff is given until 10/31/11, to file his response to the motion to dismiss. Signed by Honorable James R. Marschewski on October 20, 2011. (lw) (Entered: 10/20/2011)
2011-10-2116RESPONSE and BRIEF in support to 10 MOTION to Dismiss filed by Dale B Adams. (Attachments: # 1 Exhibit A - Formal Letter, # 2 Exhibit B -Press Release 10/3/08, # 3 Exhibit C - Table of Contents, # 4 Exhibit D - My Book Collection, # 5 Exhibit E - My Movie Collection, # 6 Exhibit F - Press Release 11/10/08, # 7 Free Home Energy/Savings Audit Checklist)(rw) (Additional attachment(s) added on 10/21/2011: # 8 Envelope) (rw). Modified on 10/21/2011 add text (rw). (Entered: 10/21/2011)
2011-10-2517REPLY to Response to Motion re 13 MOTION for Injunctive and constitutional challenge to remove plaintiff from terrorist watch lists and Brief in support filed by Dale B Adams. (src) (Entered: 10/25/2011)
2011-11-02TEXT ONLY MEMO OF REASSIGNMENT. Case Reassigned to Honorable P. K. Holmes, III. Honorable Jimm Larry Hendren no longer assigned to the case. (mfr) (Entered: 11/02/2011)
2011-11-0818REPORT AND RECOMMENDATIONS re 10 MOTION to Dismiss, and 13 , MOTION for Injunctive Relief. Objections to R&R due by 11/25/2011. Signed by Honorable James R. Marschewski on November 8, 2011. (sh) (Entered: 11/08/2011)
2011-11-0819MOTION to Suppress and Brief in support filed by Dale B Adams. Motions referred to James R. Marschewski.(sh) (Entered: 11/08/2011)
2011-11-2120MOTION by Hilda L. Solis, United States Department of LABOR/OSHA to Plaintiff's Request for Admission and Motion for Protective Order . (Groom, Deborah). Modified on 12/6/2011 per chambers. (sh). (Entered: 11/21/2011)
2011-11-2121MEMORANDUM BRIEF in Support of 20 Objection(s) by Hilda L. Solis, United States Department of LABOR/OSHA. (Groom, Deborah) (Entered: 11/21/2011)
2011-11-2322MOTION for Extension of Time to File Response as to 18 REPORT AND RECOMMENDATIONS re 10 MOTION to Dismiss filed by United States Department of LABOR/OSHA, Hilda L. Solis, 13 MOTION for Injunctive and constitutional challenge to remove plaintiff from terrorist watch lists and Brief in support by Dale B Adams. (Attachments: # 1 Exhibit A email 11/2/11, # 2 Exhibit B fax 11/18/11) Modified on 12/5/2011 (lw). (Entered: 11/23/2011)
2011-12-06TEXT ONLY ORDER granting 22 Motion for Extension of Time to File Objections. Plaintiff's deadline to file any objections to the Report and Recommendations is extended to December 16, 2011. Signed by Honorable P. K. Holmes, III on December 6, 2011. (jlg) (Entered: 12/06/2011)
2011-12-0623MOTION for Injunction with Brief in support, with Exhibits A-C, and/or Request for Mediation, filed by Dale B Adams. Motions referred to James R. Marschewski.(sh) (Entered: 12/06/2011)
2011-12-07Reset Deadlines: Objections to R&R due by 12/16/2011 (rw) (Entered: 12/07/2011)
2011-12-0724SUPPLEMENT by Plaintiff Dale B Adams to 22 . (rw) (Entered: 12/07/2011)
2011-12-1525OBJECTION to 18 Report and Recommendations dated 11/8/11 submitted in affidavit form filed by Dale B Adams. (sh) (Entered: 12/15/2011)
2011-12-2026***PLEASE DISREGARD SEE DOCUMENT 27 ***RESPONSE in Opposition re 23 MOTION for Preliminary Injunction with Brief in Support and/or Request for Mediation and Brief in Support filed by United States Department of LABOR/OSHA. (Groom, Deborah) Modified on 12/22/2011 to add text(lw). (Entered: 12/20/2011)
2011-12-2127RESPONSE in Opposition re 23 MOTION for Preliminary Injunction filed by Hilda L. Solis, United States Department of LABOR/OSHA. (Groom, Deborah) (Entered: 12/21/2011)
2011-12-2828MOTION for Leave to Amend complaint, filed by Dale B Adams. Motions referred to James R. Marschewski.(sh) (Entered: 12/28/2011)
2012-01-0629REQUEST/MOTION to File an Amended Complaint 28 filed by Dale B Adams. (Attachments: # 1 Proposed Amended Complaint, # 2 Exhibit A-Notice of intent to file suit, # 3 Exhibit D-Affidavit of Cherie Adams, # 4 Exhibit E-Letter of 3/31/11, # 5 Exhibit F-1-Letter of 8/31/09, # 6 Exhibit F-2-Letter of 10/29/09, # 7 Exhibit G-Affidavit of Cherie and Dale Adams)Motions referred to James R. Marschewski.(sh) (Entered: 01/06/2012)
2012-01-0930MOTION and Brief for Summary Judgment by Dale B Adams. (Attachments: # 1 Exhibit A-1-Letters of 11/2/11 and 10/25/22, # 2 Exhibit B-Letter of 12/17/11, # 3 Exhibit C-Letter of 12/7/11, # 4 Exhibit D-letters of 10/17/11 and 10/19/11, # 5 Exhibit E-Fax Log)Motions referred to James R. Marschewski.(sh) (Entered: 01/09/2012)
2012-01-0931STATEMENT OF FACTS in support of 30 MOTION for Summary Judgment by Dale B Adams. (Attachments: # 1 Exhibit $-GAO Federal Contracting, # 2 Exhibit A-1- Letter of 8/31/09, # 3 Exhibit B-1-Letter of 11/2/09, # 4 Exhibit D-1-Request for Formal Investigations, # 5 Exhibit E-1-Formal request, # 6 Exhibit F-1-Cover Letter, # 7 Exhibit G-1-Letter of 7/7/10, # 8 Exhibit H-1-Tyson Foods Violations, # 9 Exhibit B-1-Letters from 8/18/09, # 10 Exhibit C-1-Tyson Manual, # 11 Exhibit F-1-Letter to USA 7/12/11)(sh) (Entered: 01/09/2012)
2012-01-2032RESPONSE in Opposition re 29 MOTION to Amend/Correct 28 MOTION for Leave to MOTION to Amend/Correct 28 MOTION for Leave to filed by Hilda L. Solis, United States Department of LABOR/OSHA. (Groom, Deborah) (Entered: 01/20/2012)
2012-01-2033MEMORANDUM BRIEF in Support of 32 Response in Opposition to Motion by Hilda L. Solis, United States Department of LABOR/OSHA. (Groom, Deborah) (Entered: 01/20/2012)
2012-01-2334RESPONSE to Motion re 30 MOTION for Summary Judgment filed by Hilda L. Solis, United States Department of LABOR/OSHA. (Groom, Deborah) (Entered: 01/23/2012)
2012-01-2335MEMORANDUM BRIEF in Support of 34 Response to Motion by Hilda L. Solis, United States Department of LABOR/OSHA. (Groom, Deborah) (Entered: 01/23/2012)
2012-01-2336STATEMENT OF FACTS in support of 34 Response to Motion by Hilda L. Solis, United States Department of LABOR/OSHA. (Groom, Deborah) (Entered: 01/23/2012)
2012-01-2537ORDER ADOPTING 18 REPORT AND RECOMMENDATIONS in its entirety and granting 10 Motion to Dismiss plaintiff's APA claim and plaintiff's claims brought under APA are dismissed; further denying 13 plaintiff's Motion for injunctive relief and this Order does not affect the pendency of plaintiff's claims under the FOIA. Signed by Honorable P. K. Holmes, III on January 25, 2012. (rw) (Entered: 01/25/2012)
2012-02-0138REPLY and brief to Defendants Response to re 28 plaintiff's MOTION for Leave to amend the complaint, filed by Dale B Adams. (sh) (Entered: 02/01/2012)
2012-02-0139STATEMENT OF MATERIAL FACTS in support of 30 plaintiff's MOTION for Summary Judgment by Dale B Adams. (Attachments: # 1 Exhibit A & B)(sh) (Entered: 02/01/2012)
2012-02-0140REPLY and Brief to defendants Response to re 30 plaintiff's MOTION for Summary Judgment filed by Dale B Adams. (Attachments: # 1 Exhibit A-E)(sh) (Entered: 02/01/2012)
2012-02-0741MOTION and BRIEF in Support to Strike Amended Complaint and incriminating pleadings by Dale B Adams. Motions referred to James R. Marschewski.(rw) (Entered: 02/07/2012)
2012-02-2742MOTION for Reconsideration with exhibits A and B re 37 Order Adopting Report and Recommendations, Order on Motion to Dismiss, Order on Motion for Miscellaneous Relief, Order on Report and Recommendations. (rw) Modified on 6/29/2012 edit docket text removing referral to Judge Marschewski (jrs). (Entered: 02/27/2012)
2012-02-2743NOTICE of Constitutional Challenge by Dale B Adams (rw) (Entered: 02/27/2012)
2012-02-2744MOTION to Appoint Counsel by Dale B Adams. Motions referred to James R. Marschewski.(rw) (Entered: 02/27/2012)
2012-03-1245RESPONSE in Opposition re 42 MOTION for Reconsideration re 37 Order Adopting Report and Recommendations, Order on Motion to Dismiss, Order on Motion for Miscellaneous Relief, Order on Report and Recommendations,,,, MOTION for Reconsideration re 37 Order Adopting Report and Recommendations, Order on Motion to Dismiss, Order on Motion for Miscellaneous Relief, Order on Report and Recommendations,,,, filed by Hilda L. Solis, United States Department of LABOR/OSHA. (Groom, Deborah) (Entered: 03/12/2012)
2012-03-2246RESPONSE by Plaintiff, in Opposition re 42 to Defendants MOTION for Reconsideration re 37 , and motion for sanctions and costs, filed by Dale B Adams. (sh) (Entered: 03/22/2012)
2012-03-2947MOTION to Dismiss Case by Dale B Adams. Motions referred to James R. Marschewski.(rw) (Entered: 03/29/2012)
2012-04-0248RESPONSE to Motion re 47 MOTION to Dismiss Case filed by Hilda L. Solis, United States Department of LABOR/OSHA. (Groom, Deborah) (Entered: 04/02/2012)
2012-04-0949MOTION to Withdraw 47 MOTION to Dismiss Case by Dale B Adams. Motions referred to James R. Marschewski.(rw) (Entered: 04/09/2012)
2012-07-0250ORDER denying 28 Motion for Leave; denying 29 Motion to Amend/Correct; denying 41 Motion to Strike ; denying 44 Motion to Appoint Counsel ; terminating 47 Motion to Dismiss Case ; granting 49 Motion to Withdraw Motion; denying 19 Motion to Suppress; granting in part 20 Motion for Protective Order. Signed by Honorable James R. Marschewski on July 2, 2012. (rw) (Entered: 07/02/2012)
2012-08-1351REPORT AND RECOMMENDATIONS re 23 MOTION for Preliminary Injunction filed by Dale B Adams, 30 MOTION for Summary Judgment filed by Dale B Adams. Objections to R&R due by 8/30/2012. Signed by Honorable James R. Marschewski on August 13, 2012. (sh) (Entered: 08/13/2012)
2012-08-13TEXT ONLY ORDER. The Court construes Document 46 as a Motion by Plaintiff Dale Adams to Withdraw his earlier Motion for Reconsideration. As construed, Plaintiff's Motion to Withdraw is GRANTED, and Plaintiff's 42 Motion for Reconsideration is TERMINATED AS WITHDRAWN. Signed by Honorable P. K. Holmes, III on August 13, 2012. (jlg) (Entered: 08/13/2012)
2012-09-2652ORDER ADOPTING 51 REPORT AND RECOMMENDATIONS in its entirety. Further denying 30 Motion for Summary Judgment and denying 23 Motion for Preliminary Injunction. Signed by Honorable P. K. Holmes, III on September 26, 2012. (lw) (Entered: 09/26/2012)
2012-11-0653NOTICE OF APPEAL as to 52 Order Adopting Report and Recommendations by Dale B Adams. (cc via CM/ECF: Deborah Groom, Claude Hawkins; via U.S. Postal Service: Dale Adams ) (jn) (Entered: 11/06/2012)
2012-11-0654APPEAL NOTICE to Counsel and Pro Se Parties re 53 Notice of Appeal filed by Dale B Adams. (jn) (Entered: 11/06/2012)
2012-11-0655NOA SUPPLEMENT FORM re 53 Notice of Appeal filed by Dale B Adams. (jn) (Entered: 11/06/2012)
2012-11-0956USCA Scheduling Order as to 53 Notice of Appeal filed by Dale B Adams. Case Appealed to 8th Circuit Court of Appeals Case Number 12-3677. (Attachments: # 1 USCA Cover Letter)(lw) (Entered: 11/09/2012)
2013-03-0757MANDATE of USCA dismissing 53 Notice of Appeal filed by Dale B Adams (Attachments: # 1 USCA Judgment, # 2 USCA Letter)(jn) (Entered: 03/07/2013)
2013-09-2058Order directing the Defendants to file a motion for Summary Judgment by 11/1/13. Signed by Honorable James R. Marschewski on September 20, 2013. (lw) (Entered: 09/20/2013)
2013-10-2559MOTION for Extension of Time to File Motion for Summary Judgment by Hilda L. Solis, United States Department of LABOR/OSHA. Motions referred to James R. Marschewski.(Groom, Deborah) (Entered: 10/25/2013)
2013-11-0560ORDER granting 59 Motion for Extension of Time to File. Defendants are given until 11/15/13 to file their summary judgment motion. Signed by Honorable James R. Marschewski on November 5, 2013. (lw) (Entered: 11/05/2013)
2013-11-1561MOTION for Summary Judgment by Hilda L. Solis, United States Department of LABOR/OSHA. (Attachments: # 1 Exhibit Declaration of Carlos M. Reynolds, # 2 Exhibit Declaration of Rose Marie Audette)Motions referred to James R. Marschewski.(Groom, Deborah) (Entered: 11/15/2013)
2013-11-1562MEMORANDUM BRIEF in Support of 61 MOTION for Summary Judgment by Hilda L. Solis, United States Department of LABOR/OSHA. (Groom, Deborah) (Entered: 11/15/2013)
2013-11-1863STATEMENT OF FACTS in support of 61 MOTION for Summary Judgment by Hilda L. Solis, United States Department of LABOR/OSHA. (Groom, Deborah) (Entered: 11/18/2013)
2014-03-13TEXT ONLY MEMO OF REASSIGNMENT. Case reassigned to Honorable Timothy L. Brooks. Honorable P. K. Holmes, III no longer assigned to the case. (adw) (Entered: 03/13/2014)
2014-08-0664REPORT AND RECOMMENDATIONS re 1 Complaint filed by Dale B Adams. Objections to R&R due by 8/25/2014. Signed by Honorable James R. Marschewski on August 6, 2014. (tg) (Entered: 08/06/2014)
2014-08-2565RESPONSE re 25 Objection to Report and Recommendations by Dale B Adams. (tg) (Entered: 08/25/2014)
2014-09-0566OPINION AND ORDER granting 61 Motion for Summary Judgment; declining to adopt 64 Report and Recommendations. Signed by Honorable Timothy L. Brooks on September 5, 2014. (jn) (Entered: 09/05/2014)
2014-09-0567JUDGMENT dismissing case with prejudice re 66 Opinion and Order. Signed by Honorable Timothy L. Brooks on September 5, 2014. (jn) (Entered: 09/05/2014)
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