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Case TitleRhoades v. U.S. Department of Homeland Security
DistrictDistrict of Minnesota
CityDMN
Case Number0:2015cv04424
Date Filed2015-12-18
Date Closed2017-03-14
JudgeJudge Michael J. Davis
PlaintiffAndrew Rhoades
Case DescriptionAndrew Rhoades, an employee of the Transportation Security Administration in Minnesota, submitted a FOIA request to TSA for records concerning his allegedly punitive reassignment to Tampa, Florida, which Rhoades alleged was in retaliation for his whistleblower activities. The agency responded to the request and Rhoades filed suit alleging that the search was inadequate and the agency had improperly withheld some records under Exemption 5 (deliberative process privilege).
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Exemption 5 - Privileges - Deliberative process privilege - Deliberative

DefendantClifford Van Leuven MSP Federal Security Director
TERMINATED: 02/01/2016
DefendantClifford Van Leuven MSP Federal Security Director
DefendantKelly Hoggan Assistant Administrator OSO
TERMINATED: 02/01/2016
DefendantKelly Hoggan Assistant Administrator OSO
DefendantRobert Ball Region 3 TSA Director
TERMINATED: 02/01/2016
DefendantRobert Ball Region 3 TSA Director
DefendantFrancine Kerner
TERMINATED: 02/01/2016
DefendantFrancine Kerner
DefendantRegina McCoy
TERMINATED: 02/01/2016
DefendantRegina McCoy
DefendantU.S. Department of Homeland Security
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-12-181COMPLAINT against Kelly Hoggan, Robert Ball, Clifford Van Leuven. (Filing fee $400 receipt number 3-13343.) Case assigned to Judge Michael J. Davis per Master List and referred to Magistrate Judge Tony N. Leung. Filed by Andrew Rhoades. Filer requests summons issued. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet) (TSS) Document QC'd on 9/19/2016. Modified on 9/19/2016 (JGK). (Entered: 12/22/2015)
2015-12-182Summons Issued Conventionally as to Robert Ball, Kelly Hoggan, Clifford Van Leuven, Francine Kerner and Regina McCoy.(TSS) Modified text on 12/28/2015 (TSS). (Entered: 12/22/2015)
2015-12-183AFFIDAVIT of Service by Andrew Rhoades. (LPH) Document QC'd on 1/14/2016 (JGK). (Entered: 12/23/2015)
2016-01-154NOTICE of Appearance by Pamela Marentette on behalf of Robert Ball, Kelly Hoggan, Francine Kerner, Regina McCoy, Clifford Van Leuven. (Attachments: # 1 Certificate of Service)(Marentette, Pamela) (Entered: 01/15/2016)
2016-01-255STIPULATION to Substitute the U.S. Department of Homeland Security as Defendant and to Determine Defendant's Response Deadline by Robert Ball, Kelly Hoggan, Francine Kerner, Regina McCoy, Clifford Van Leuven. Jointly Signed by Andrew Rhoades. (Marentette, Pamela) Modified text on 1/26/2016 (LEG). (Entered: 01/25/2016)
2016-01-296ORDER that 1. The caption of this suit shall read Andrew Rhoades v. U.S. Department of Homeland Security, and the Clerk shall amend the caption accordingly; 2. The individually-named defendants Kelly Hoggan, Robert Ball, Clifford Van Leuvan, Francine Kerner, and Regina McCoy are dismissed with prejudice as defendants in this Freedom of Information Act suit; and 3. The Defendant shall answer or otherwise respond to Plaintiffs complaint on or before February 24, 2016.. Signed by Magistrate Judge Tony N. Leung on 1/29/16. (kt) CC: Rhoades. (kt) (Entered: 02/01/2016)
2016-02-247ANSWER to Complaint by U.S. Department of Homeland Security. (Attachments: # 1 Certificate of Service) (Marentette, Pamela) (Entered: 02/24/2016)
2016-02-298NOTICE OF AND ORDER FOR PRETRIAL SCHEDULING CONFERENCE: Pretrial Conference set for 4/8/2016 10:00 AM in Courtroom 3C (STP) before Magistrate Judge Tony N. Leung. Signed by Magistrate Judge Tony N. Leung on 2/29/2016. (Attachments: # 1 Consent Form)(MMP)cc: Rhoades. Modified on 2/29/2016 (MMP). (Entered: 02/29/2016)
2016-03-029AMENDED NOTICE OF AND ORDER FOR PRETRIAL SCHEDULING CONFERENCE: Pretrial Conference set for 4/15/2016 02:30 PM in Edward J. Devitt Courtroom (STP) before Magistrate Judge Tony N. Leung. Signed by Magistrate Judge Tony N. Leung on 3/2/16. (Attachments: # 1 Consent Form)(LPH) cc: Rhoades . Modified text on 3/2/2016 (LPH). (Entered: 03/02/2016)
2016-04-0110REPORT of Rule 26(f) Planning Meeting. Filed by U.S. Department of Homeland Security. Jointly Signed by Andrew Rhoades.(Marentette, Pamela) (Entered: 04/01/2016)
2016-04-1511Minute Entry for proceedings held before Magistrate Judge Tony N. Leung: Initial Pretrial Conference held on 4/15/2016. Order to issue. (LPH) (Entered: 04/15/2016)
2016-04-2012PRETRIAL SCHEDULING ORDER (FOIA CASE): Motions (disp) due by 9/1/2016. Signed by Magistrate Judge Tony N. Leung on 4/20/16. (LPH) cc: Rhoades (Entered: 04/20/2016)
2016-05-1213TEXT-ONLY ENTRY. CLERK'S NOTICE OF REASSIGNMENT OF MAGISTRATE JUDGE. Due to the appointment of Magistrate Judge Katherine M. Menendez, this case is reassigned to her. Magistrate Judge Tony N. Leung is no longer assigned to the case. NOTE: the new case number is 15-cv-4424 (MJD/KMM) . Please use this case number for all subsequent pleadings. Please contact Wendi Tilden at 612-664-5140, for scheduling or other matters related to Magistrate Judge Katherine M. Menendez. (lmb) cc: Plaintiff. (Entered: 05/12/2016)
2016-05-1614MOTION to Alter/Amend/Correct Other Orders 12 Scheduling Order by U.S. Department of Homeland Security. (Marentette, Pamela) (Entered: 05/16/2016)
2016-05-1615NOTICE OF HEARING ON MOTION 14 MOTION to Alter/Amend/Correct Other Orders 12 Scheduling Order : Motion Hearing set for 6/2/2016 09:00 AM in Courtroom 8E (MPLS) before Magistrate Judge Katherine M. Menendez. (Marentette, Pamela) (Entered: 05/16/2016)
2016-05-1616MEMORANDUM in Support re 14 MOTION to Alter/Amend/Correct Other Orders 12 Scheduling Order filed by U.S. Department of Homeland Security. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Marentette, Pamela) (Entered: 05/16/2016)
2016-05-1617MEET and CONFER STATEMENT re 14 Motion to Alter/Amend/Correct Other Orders filed by U.S. Department of Homeland Security. (Marentette, Pamela) (Entered: 05/16/2016)
2016-05-1618Declaration of Regina McCoy in Support of 14 MOTION to Alter/Amend/Correct Other Orders 12 Scheduling Order filed by U.S. Department of Homeland Security. (Attachments: # 1 Exhibit A)(Marentette, Pamela) (Entered: 05/16/2016)
2016-05-1619CERTIFICATE OF SERVICE by U.S. Department of Homeland Security re 14 MOTION to Alter/Amend/Correct Other Orders 12 Scheduling Order , 16 Memorandum in Support of Motion, 15 Notice of Hearing on Motion, 17 Meet and Confer Statement, 18 Declaration in Support (Marentette, Pamela) (Entered: 05/16/2016)
2016-05-2020MOTION for Sanctions, MOTION to Alter/Amend/Supplement Pleadings 12 Scheduling Order by Andrew Rhoades. (LPH) Qc'd on 6/21/2016 (AKL). (Entered: 05/20/2016)
2016-05-2021MEMORANDUM in Support re 20 MOTION for Sanctions MOTION to Alter/Amend/Supplement Pleadings 12 Scheduling Order filed by Andrew Rhoades. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(LPH) Qc'd on 6/21/2016 (AKL). (Entered: 05/20/2016)
2016-05-2022EXHIBIT B re 21 Memorandum in Support of Motion by Andrew Rhoades. (LPH) Qc'd on 6/21/2016 (AKL). (Entered: 05/20/2016)
2016-05-2023MEET and CONFER STATEMENT re 20 Motion for Sanctions, Motion to Alter/Amend/Supplement Pleadings filed by Andrew Rhoades. (LPH) Qc'd on 6/21/2016 (AKL). (Entered: 05/20/2016)
2016-06-0224Minute Entry for proceedings held before Magistrate Judge Katherine M. Menendez: Motion Hearing held on 6/2/2016 re 14 MOTION to Alter/Amend/Correct Other Orders 12 Scheduling Order filed by U.S. Department of Homeland Security, 20 MOTION for Sanctions MOTION to Alter/Amend/Supplement Pleadings 12 Scheduling Order filed by Andrew Rhoades. Order to issue. (LPH) (Entered: 06/02/2016)
2016-06-0225ORDER: 1. Defendant's motion to amend the pretrial scheduling order (ECF No. 14) is granted in part and denied in part as stated on the record; 2. To the extent it seeks to amend the pretrial scheduling order, Mr. Rhoades's motion (ECF No. 20) is granted in part and denied in part as stated on the record; 3. To the extent it seeks sanctions against the defendant, Mr. Rhoades's motion (ECF No. 20) is denied without prejudice. Signed by Magistrate Judge Katherine M. Menendez on 6/2/16. (LPH) cc: Rhoades (Entered: 06/02/2016)
2016-06-0226AMENDED PRETRIAL SCHEDULING ORDER: Motions (disp) due by 10/15/2016. Signed by Magistrate Judge Katherine M. Menendez on 6/2/16. (LPH) cc: Rhoades (Entered: 06/02/2016)
2016-07-0827SECOND AMENDED PRETRIAL SCHEDULING ORDER. Signed by Magistrate Judge Katherine M. Menendez on 07/08/2016. (TSS) Modified text on 7/11/2016 (LEG). cc: Andrew Rhoades (Entered: 07/09/2016)
2016-07-1528DECLARATION of Regina McCoy by U.S. Department of Homeland Security . (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, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(Marentette, Pamela) (Entered: 07/15/2016)
2016-07-1529CERTIFICATE OF SERVICE by U.S. Department of Homeland Security re 28 Declaration, (Marentette, Pamela) (Entered: 07/15/2016)
2016-07-1930Clerk's Notice of APPLICATION FOR PRO SE LITIGANT TO FILE ELECTRONICALLY. Andrew Norman Rhoades is GRANTED e-filing privileges in this case. Pursuant to F.R.Cv.P. Rule 5 and 7(d), Andrew Norman Rhoades has consented to electronic service and has agreed to waive service by other means for all subsequent filings in this case, except when electronic service is not allowed under the rules. (JGK) (Entered: 07/19/2016)
2016-07-2231PLAINTIFF'S MEMORANDUM IN SUPPORT OF HIS OBJECTION TO DEFENDANT'S SEARCH DECLARATION AND PRODUCTION OF RECORDS 28 filed by Andrew Rhoades. (Attachments: # 1 Certificate of Service, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K, # 15 Exhibit L, # 16 Exhibit M, # 17 Exhibit N, # 18 Exhibit N, # 19 Supplement Certificate of Compliance)(Rhoades, Andrew) Modified text on 7/25/2016 (LEG). (Entered: 07/22/2016)
2016-08-0132DECLARATION of Regina McCoy by U.S. Department of Homeland Security . (Attachments: # 1 Vaughn Index)(Marentette, Pamela) (Entered: 08/01/2016)
2016-08-1533First MOTION for Discovery by Andrew Rhoades. (ATTACHMENTS ATTACHED IN ERROR, WILL BE RE-FILED. Attachments: # 1 Supplement Memorandum in Support of Discovery, # 2 Exhibit(s) Ken Kasprisin statement, # 3 Exhibit(s) Judicial Watch Discovery Order, # 4 Exhibit(s) Judicial Watch Motion for Discovery)(Rhoades, Andrew) Modified text on 8/15/2016 (LEG). (Entered: 08/15/2016)
2016-08-1534DOCUMENT FILED IN ERROR, WILL BE RE-FILED. OBJECTION re 32 Declaration Vaughn Index filed by Andrew Rhoades. (Attachments: # 1 Exhibit(s) January 23, 2015 Memorandum, # 2 Exhibit(s) Cardozo Vaughn Index, # 3 Exhibit(s) TSA Vaughn Index, # 4 Exhibit(s) TSA Declaration for Vaughn Index)(Rhoades, Andrew) Modified text on 8/15/2016 (LEG). (Entered: 08/15/2016)
2016-08-1535OBJECTION re 32 Declaration Objection to TSA Vaughn Index filed by Andrew Rhoades. (Attachments: # 1 Exhibit(s) January 23, 2015 memordanum, # 2 Exhibit(s) Vaughn Index for Cardozo FOIA)(Rhoades, Andrew) (Entered: 08/15/2016)
2016-08-1736MEMORANDUM in Support re 33 First MOTION for Discovery filed by Andrew Rhoades. EXHIBITS ATTACHED IN ERROR, WILL BE RE-FILED AS THEIR OWN ENTRY ON THE DOCKET. (Attachments: # 1 Exhibit(s) Judicial Watch v. Department of State, # 2 Exhibit(s) Judicial Watch Motion for Discovery, # 3 Exhibit(s) Judicial Watch Order, # 4 Exhibit(s) Ken Kasprisin statement)(Rhoades, Andrew) Modified text on 8/18/2016 (LEG). (Entered: 08/17/2016)
2016-08-2237EXHIBIT re 36 Memorandum in Support of Motion, Index List in Support of Plaintiff's Motion for Discovery by Andrew Rhoades filed by Andrew Rhoades. (Attachments: # 1 Exhibit(s) Judicial Watch v Department of State Memorandum # 2 Exhibit(s) Judicial Watch Motion for Discovery and Discovery Plan, # 3 Exhibit(s) Ken Kasprisin statement)(Rhoades, Andrew) Modified text on 8/23/2016 (LEG). (Entered: 08/22/2016)
2016-09-0138MEMORANDUM in Opposition re 33 First MOTION for Discovery filed by U.S. Department of Homeland Security. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Marentette, Pamela) (Entered: 09/01/2016)
2016-09-0139DECLARATION of Pamela A. Marentette re 38 Memorandum in Opposition to Motion by U.S. Department of Homeland Security . (Attachments: # 1 Exhibit A)(Marentette, Pamela) (Entered: 09/01/2016)
2016-09-0140DECLARATION of Regina McCoy re 38 Memorandum in Opposition to Motion by U.S. Department of Homeland Security . (Marentette, Pamela) (Entered: 09/01/2016)
2016-10-0441ORDER denying 33 Motion for Discovery. Signed by Magistrate Judge Katherine M. Menendez on 10/3/16. (LPH) (Entered: 10/04/2016)
2016-10-1742MOTION for Summary Judgment by U.S. Department of Homeland Security. (Marentette, Pamela) (Entered: 10/17/2016)
2016-10-1743NOTICE OF HEARING ON MOTION 42 MOTION for Summary Judgment : Motion Hearing set for 1/19/2017 09:30 AM in Courtroom 13E (MPLS) before Judge Michael J. Davis. (Marentette, Pamela) (Entered: 10/17/2016)
2016-10-1744MEMORANDUM in Support re 42 MOTION for Summary Judgment filed by U.S. Department of Homeland Security. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Marentette, Pamela) (Entered: 10/17/2016)
2016-10-1745DECLARATION of Regina McCoy re 42 MOTION for Summary Judgment by U.S. Department of Homeland Security . (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Marentette, Pamela) (Entered: 10/17/2016)
2016-10-1746DECLARATION of Douglas Blair re 42 MOTION for Summary Judgment by U.S. Department of Homeland Security . (Marentette, Pamela) (Entered: 10/17/2016)
2016-11-0247Notice re 48 Memorandum in Opposition to Summary Judgment by Andrew Rhoades. (Attachments: # 1 Supplement Certificate of Compliance)(Rhoades, Andrew) Modified on 11/2/2016 (AKL). (Entered: 11/02/2016)
2016-11-0248MEMORANDUM in Opposition re 47 First MOTION for Default Judgment as to Opposition to Summary Judgment filed by Andrew Rhoades. (Attachments: # 1 Exhibit(s))(Rhoades, Andrew) (Entered: 11/02/2016)
2016-11-1649REPLY re 42 MOTION for Summary Judgment filed by U.S. Department of Homeland Security. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Marentette, Pamela) (Entered: 11/16/2016)
2017-01-1950Minute Entry for proceedings held before Judge Michael J. Davis: Motion Hearing held on 1/19/2017 re 42 MOTION for Summary Judgment filed by U.S. Department of Homeland Security. Motion was moved, argued and taken under advisement. A settlement conference has been scheduled for 2/3/17 at 10:00 a.m. before Magistrate Judge Menendez in her chambers/courtroom in the Minneapolis Federal Courthouse. (Court Reporter Staci Heichert) (KMW) (Entered: 01/19/2017)
2017-01-1951ORDER FOR SETTLEMENT CONFERENCE: Settlement Conference set for 2/3/2017 10:00 AM in Courtroom 8E (MPLS) before Magistrate Judge Katherine M. Menendez. Signed by Magistrate Judge Katherine M. Menendez on 1/19/17. (LPH) (Entered: 01/19/2017)
2017-01-2352TEXT ONLY ENTRY: NOTICE of Cancelation of Hearing: The Settlement Conference set for 2/3/2017 at 10:00 AM in Courtroom 8E (MPLS) before Magistrate Judge Katherine M. Menendez IS HEREBY CANCELED AND WILL BE RESCHEDULED AT A LATER DATE.(WMT) (Entered: 01/23/2017)
2017-02-1353TRANSCRIPT REQUEST by U.S. Department of Homeland Security for a 30-Day Transcript to Court Reporter Staci Heichert. (Marentette, Pamela) (Entered: 02/13/2017)
2017-02-1354ORDER FOR SETTLEMENT CONFERENCE: Settlement Conference set for 2/24/2017 10:00 AM in Courtroom 8E (MPLS) before Magistrate Judge Katherine M. Menendez. Signed by Magistrate Judge Katherine M. Menendez on 2/13/17. (LPH) (Entered: 02/13/2017)
2017-02-2455TEXT ONLY ENTRY: NOTICE of Setting Telephonic Status Conference: The Court will hold a telephonic status conference on 3/7/2017 at 01:00 PM. Call-in instructions will be emailed to Mr. Rhoades and defense counsel. (MG) (Entered: 02/24/2017)
2017-02-2456Minute Entry for proceedings held before Magistrate Judge Katherine M. Menendez: Settlement Conference held on 2/24/2017. No settlement reached. (LPH) (Entered: 02/24/2017)
2017-02-2857NOTICE of Filing of Official Transcript. This filing has 1 transcript(s) associated with it. (SAH) (Entered: 02/28/2017)
2017-02-2858TRANSCRIPT of Motions Hearing held on 1/19/2017 before Judge Michael J. Davis. (29 pages). Court Reporter: Staci Heichert. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents . For information on redaction procedures, please review Local Rule 5.5 . Redaction Request due 3/21/2017. Redacted Transcript Deadline set for 3/31/2017. Release of Transcript Restriction set for 5/30/2017. (SAH) (Entered: 02/28/2017)
2017-02-2859TRANSCRIPT REQUEST by Andrew Rhoades for a COPY OF 58 Transcript(s) to Court Reporter Staci Heichert. Special Request: Please email the document to Andrew-Rhoades@outlook.com . (Rhoades, Andrew) (Entered: 02/28/2017)
2017-03-0760Minute Entry for proceedings held before Magistrate Judge Katherine M. Menendez: Telephone Status Conference held on 3/7/2017. (LPH) (Entered: 03/08/2017)
2017-03-1361STIPULATION of Dismissal With Prejudice by U.S. Department of Homeland Security. Jointly Signed by Andrew Rhoades. (Marentette, Pamela) (Entered: 03/13/2017)
2017-03-1462ORDER DISMISSING CASE. Signed by Judge Michael J. Davis on 3. (KMW) (Entered: 03/14/2017)
2017-03-1463JUDGMENT (Attachments: # 1 Civil Notice - appeal). (lmb) (Entered: 03/14/2017)
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