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Case TitleEdward Dean Hohner v. U.S. Department of Justice et al
DistrictCentral District of California
CityWestern Division - Los Angeles
Case Number2:2015cv03751
Date Filed2015-05-18
Date Closed2016-04-22
JudgeJudge George H. Wu
PlaintiffEdward Dean Hohner
Case DescriptionEdward Dean Hohner, a prisoner, submitted a FOIA request to the FBI for records concerning the cell phone number of an individual who testified at his trial. The agency responded that it could find no records. Hohner appealed to the Office of Information Policy, but after hearing nothing further from OIP, Hohner filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index

DefendantU.S. Department of Justice Office of Information Policy
DefendantU.S. Department of Justice Federal Bureau of Investigation
Documents
Docket
Complaint
Opinion/Order [32]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-05-181COMPLAINT against Defendants U.S. Department of Justice (Office of Information Policy), U.S. Department of Justice (Federal Bureau of Investigation). Case assigned to Judge Philip S. Gutierrez for all further proceedings. Discovery referred to Magistrate Judge John E. McDermott., filed by Plaintiff Edward Dean Hohner. (rn) (Entered: 05/19/2015)
2015-05-182DECLARATION IN SUPPORT OF REQUEST to Proceed In Forma Pauperis, filed by Plaintiff Edward Dean Hohner. (rn) (Entered: 05/19/2015)
2015-05-183NOTICE OF ASSIGNMENT to District Judge Philip S. Gutierrez and Magistrate Judge John E. McDermott. (rn) (Entered: 05/19/2015)
2015-05-184NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (rn) (Entered: 05/19/2015)
2015-05-215STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge Philip S. Gutierrez. (ji) (Entered: 05/21/2015)
2015-05-266ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 14-03 -Related Case- filed. Related Case No: CV15-02669 GW (PLAx). Case transferred from Judge Philip S. Gutierrez and Magistrate Judge John E. McDermott to Judge George H. Wu and Magistrate Judge Paul L. Abrams for all further proceedings. The case number will now reflect the initials of the transferee Judge CV15-03751 GW (PLAx). Signed by Judge George H. Wu. (mg) (Entered: 05/27/2015)
2015-05-277STANDING ORDER REGARDING FINAL PRE-TRIAL CONFERENCES FOR CIVIL JURY TRIALS BEFORE JUDGE GEORGE H WU (see attached order) by Judge George H Wu (pj) (Entered: 05/27/2015)
2015-05-28REPORT AND RECOMMENDATION issued by Magistrate Judge Paul L. Abrams. Re REQUEST to Proceed Without Prepayment of Filing Fees with Declaration in Support 2 . Proposed Order forwarded to the District Judge for approval.(ch) (Entered: 05/28/2015)
2015-06-018ORDER RE REQUEST TO PROCEED WITHOUT PREPAYMENT OF FILING FEES by Judge George H. Wu: Denying with leave to amend within 30 days 2 Request for Leave to Proceed without Prepayment of Filing Fee. Plaintiff may re-submit the IFP application and Complaint to this Court, if submitted with the Certified Trust Account Statement and Disbursement Authorization. Plaintiff shall utilize the same case number. If plaintiff fails to submit the required documents within 30 days, this case shall be DISMISSED. IT WAS RECOMMENDED that the Request to Proceed Without Prepayment of Filing Fees be DENIED by Magistrate Judge Paul L. Abrams. Reason: Failure to authorize disbursements from prison trust account to pay filing fee. Court clerk to provide form including provision authorizing disbursements of FULL FILING FEE for this action from plaintiff's prison trust account. (gk) (Entered: 06/01/2015)
2015-06-309NOTICE OF DISCREPANCY AND ORDER: by Magistrate Judge Paul L. Abrams, ORDERING Complaint for relief submitted by Plaintiff Edward Dean Hohner received on June 25, 015 is not to be filed but instead rejected. Denial based on: Identical complaint already filed in this action. No motion to amend submitted. Petitioner authorization still not filed with Court. (Attachments: # 1 Complaint for relief) (es) (Entered: 07/01/2015)
2015-07-0910REQUEST to Proceed Without Prepayment of Filing Fees with Declaration in Support filed by plaintiff Edward Dean Hohner. (es) (Entered: 07/13/2015)
2015-07-13REPORT AND RECOMMENDATION issued by Magistrate Judge Paul L. Abrams. Re REQUEST to Proceed Without Prepayment of Filing Fees with Declaration in Support 10 . Proposed Order forwarded to the District Judge for approval.(ch) (Entered: 07/14/2015)
2015-07-1611ORDER RE REQUEST TO PROCEED WITHOUT PREPAYMENT OF FILING FEES by Judge George H. Wu: Denying 10 REQUEST for Leave to Proceed without Prepayment of Filing Fee, with leave to amend within 30 days. IT WAS RECOMMENDED that the Request to Proceed without Prepayment of Filing Fee be DENIED by Magistrate Judge Paul L. Abrams. Reason: Failure to authorize disbursements from prison trust account to pay filing fee. Prisoner authorization not signed as to this case. Plaintiff may re-submit the IFP application and Complaint to this Court, if submitted with the Certified Trust Account Statement and Disbursement Authorization. Plaintiff shall utilize the same case number. If plaintiff fails to submit the required documents within 30 days, this case shall be dismissed. (gk) (Entered: 07/17/2015)
2015-07-2312REQUEST to Proceed Without Prepayment of Filing Fees with Declaration in Support filed by plaintiff Edward Dean Hohner. (es) (Entered: 07/24/2015)
2015-07-2413ORDER RE REQUEST TO PROCEED WITHOUT PREPAYMENT OF FILING FEES by Magistrate Judge Paul L. Abrams: IT IS ORDERED that the 12 REQUEST for Leave to Proceed without Prepayment of Filing Fee is hereby GRANTED. IT IS FURTHER ORDERED that the prisoner-plaintiff owes the Court the initial filing fee of $350.00. An initial partial filing fee of $80.00 must be paid within 30 days of the date of this order. Thereafter, monthly payments shall be forwarded to the Court in accordance with this order. (es) (Entered: 07/24/2015)
2015-07-241430 DAY Summons Issued re Complaint - (Discovery), 1 as to Defendant U.S. Department of Justice, U.S. Department of Justice. (Attachments: # 1 Attachment (Complaint face page))(es) Modified on 7/27/2015 (es). (Entered: 07/24/2015)
2015-08-1915REQUEST for Stay of Action filed by Plaintiff Edward Dean Hohner. (gk) (Entered: 08/20/2015)
2015-08-2416INUTES (IN CHAMBERS): COURT ORDER by Judge George H. Wu. The Court has received Plaintiff's Request for Stay of Action 15 . Plaintiff's Request is DENIED WITHOUT PREJUDICE. (lom) (Entered: 08/24/2015)
2015-09-2517NOTICE of Change of address Filed by Plaintiff Edward Dean Hohner. (lom) (Entered: 09/28/2015)
2015-11-1718PROOF OF SERVICE Executed by Plaintiff Edward Dean Hohner, upon Defendant Federal Bureau of Investigation by certified mail receipt on 11/12/2015. (pj) (Entered: 11/18/2015)
2015-11-1719PROOF OF SERVICE Executed by Plaintiff Edward Dean Hohner, upon Defendant Service of the Summons were Executed upon Office of US Attorney Civil process Clerk certified mail receipt. (see attached for further information) (pj) (Entered: 11/18/2015)
2015-11-1720PROOF OF SERVICE OF SUMMONS Executed by Plaintiff Edward Dean Hohner, upon Defendant by serving US Attorney General. Return Certified Mail Receipt. (pj) (Entered: 11/18/2015)
2016-01-1221EX PARTE APPLICATION to Extend Time to File Answer to 1/29/2016 re Complaint - (Discovery), 1 filed by DEFENDANTS U.S. Department of Justice. (Attachments: # 1 Proposed Order, # 2 PROOF OF SERVICE) (Attorney Jason K Axe added to party U.S. Department of Justice(pty:dft)) (Axe, Jason) (Entered: 01/12/2016)
2016-01-1222NOTICE of Change of address Filed by Plaintiff Edward Dean Hohner. (lom) (Entered: 01/12/2016)
2016-01-1323ORDER EXTENDING TIME FOR DEFENDANTS TO ANSWER, PLEAD, OR OTHERWISE RESPOND TO COMPLAINT by Judge George H. Wu: granting 21 EX PARTE APPLICATION for Extension of Time to Answer All Defendants. IT IS SO ORDERED that Defendants shall have an extension of time, up to and including January 29, 2016, within which to answer, plead, or otherwise respond to Plaintiffs Complaint. (kss) (Entered: 01/14/2016)
2016-01-2924NOTICE OF MOTION AND MOTION to Dismiss Case , OR IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT filed by Federal Defendants U.S. Department of Justice, U.S. Department of Justice. Motion set for hearing on 3/17/2016 at 08:30 AM before Judge George H. Wu. (Attachments: # 1 Declaration of David M. Hardy, # 2 Proof of Service) (Attorney Jason K Axe added to party U.S. Department of Justice(pty:dft)) (Axe, Jason) (Entered: 01/29/2016)
2016-02-1925RESPONSE TO DEFENDANT FBI'S NOTICE OF MOTION TO DISMISS, OR IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT 24 filed by Plaintiff Edward Dean Hohner. (bm) (Entered: 02/23/2016)
2016-03-0226EX PARTE APPLICATION for Extension of Time to File A REPLY BRIEF IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT filed by Defendants U.S. Department of Justice, U.S. Department of Justice. (Attachments: # 1 Proof of Service, # 2 Proposed Order, # 3 Proof of Service) (Axe, Jason) (Entered: 03/02/2016)
2016-03-0427ORDER EXTENDING TIME FOR DEFENDANTS TO FILE A REPLY BRIEF IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT 26 by Judge George H. Wu. IT IS SO ORDERED that Defendants shall have an extension of time, up to and including March 24, 2016, within which to file their reply brief in support of their motion for summary judgment. Plaintiff will file any response to the reply by April 7, 2016. The hearing will be on April 21, 2016, at 8:30 a.m. (lom) (Entered: 03/07/2016)
2016-03-2428REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss Case , OR IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT 24 filed by Defendants U.S. Department of Justice, U.S. Department of Justice. (Attachments: # 1 Second Declaration of David M. Hardy, # 2 Proof of Service)(Axe, Jason) (Entered: 03/24/2016)
2016-04-0429REQUEST for Order for To Grant Defendants' Summary Judgement and Dismiss Defendants from this Action filed by Plaintiff Edward Dean Hohner. (lom) (Entered: 04/04/2016)
2016-04-1830MINUTES (IN CHAMBERS) RULING ON FEDERAL DEFENDANTS MOTION TO DISMISS, OR IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT BY DEFENDANTS OFFICE OF INFORMATION POLICY AND FEDERAL BUREAU OF INVESTIGATION 24 by Judge George H. Wu: The Court grants the motion. Defendants' counsel will file a proposed judgment by April 22, 2016. (kss) (Entered: 04/18/2016)
2016-04-2031NOTICE OF LODGING filed re Order on Motion to Dismiss Case, 30 (Attachments: # 1 Proof of Service, # 2 [Proposed] Judgment, # 3 Proof of Service)(Axe, Jason) (Entered: 04/20/2016)
2016-04-2232JUDGMENT by Judge George H. Wu. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that judgment be entered in favor of defendants Federal Bureau of Investigation and Office of Information Policy on Plaintiff's Complaint, and this action be DISMISSED WITH PREJUDICE. IT IS SO ORDERED. Related to: Order on Motion 30 . (MD JS-6, Case Terminated). (lom) (Entered: 04/25/2016)
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