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Case TitleDubuque v. Air Force Office of Special Investigations et al
DistrictEastern District of Missouri
CitySt. Louis
Case Number4:2016cv01244
Date Filed2016-07-29
Date Closed2017-11-06
JudgeDistrict Judge Rodney W. Sippel
PlaintiffMark W. Dubuque
Case DescriptionMark Dubuque submitted a FOIA request to the Department of the Air Force and the Air Force Office of Special Investigations for records concerning, among other things, a polygraph test that Dubuque had taken. The agency did not respond and Dubuque filed suit in 2015. That suit resulted in the disclosure of 232 documents, although the agency did not release the records concerning the polygraph test and continued to assert exemptions. Dubuque and the agency apparently settled that suit with the understanding that he could continue to pursue an administrative appeal and file for attorney's fees. This suit appears to be a result of the agency's failure to provide more documents.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantAir Force Office of Special Investigations
DefendantUnited States Department of the Air Force
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-07-291COMPLAINT against defendant Air Force Office of Special Investigations, United States Department of the Air Force with receipt number 0865-5516204, in the amount of $400 Non-Jury Demand,, filed by Mark W. Dubuque. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Original Filing Form, # 10 Civil Cover Sheet, # 11 Summons AFOSI, # 12 Summons DOAF, # 13 Summons United States Attorney General, # 14 Summons U.S Attorney, Eastern District)(Cooley, Drey) (Attachment 9 replaced on 8/1/2016) (MFG). (Attachment 10 replaced on 8/1/2016) (MFG). (Attachment 11 replaced on 8/1/2016) (MFG). (Attachment 12 replaced on 8/1/2016) (MFG). (Attachment 13 replaced on 8/1/2016) (MFG). (Attachment 14 replaced on 8/1/2016) (MFG). Modified on 8/30/2016 (MFG). Clerk's Note: Attachement 7 has been sealed pursuant to Local Rule 2.17 because it contains personal identifiers. (Entered: 07/29/2016)
2016-08-01Case Opening Notification: 4 Summons(es) issued. The summons was emailed to Drey A. Cooley. Judge Assigned: Honorable Rodney W. Sippel. (MFG) (Entered: 08/01/2016)
2016-08-012ENTRY of Appearance by Lauren R. Cohen for Plaintiff Mark W. Dubuque. (Cohen, Lauren) (Entered: 08/01/2016)
2016-09-133ENTRY of Appearance by Jane B. Shaw for Defendants Air Force Office of Special Investigations, United States Department of the Air Force. (Shaw, Jane) (Entered: 09/13/2016)
2016-09-134MOTION for Extension of Time to File Answer re 1 Complaint,,, by Defendants Air Force Office of Special Investigations, United States Department of the Air Force. (Shaw, Jane) (Entered: 09/13/2016)
2016-09-155Docket Text ORDER: as to All Defendants Re: 4 MOTION for Extension of Time to File Answer re 1 Complaint,,, by Defendants Air Force Office of Special Investigations, United States Department of the Air Force. (Shaw, Jane) filed by Air Force Office of Special Investigations, United States Department of the Air Force ; ORDERED GRANTED., All Defendants.. Signed by District Judge Rodney W. Sippel on 9/15/16. (LGK) (Entered: 09/15/2016)
2016-10-036ANSWER to 1 Complaint,,, by Air Force Office of Special Investigations, United States Department of the Air Force.(Shaw, Jane) (Entered: 10/03/2016)
2016-10-057RULE 16 ORDER. This case is assigned to Track: 2 (Standard). Joint Scheduling Plan due by 11/10/2016. Rule 16 Conference set for 11/17/2016 at 10:00 AM in Chambers before District Judge Rodney W. Sippel. Signed by District Judge Rodney W. Sippel on 10/5/16. (CAR) (Entered: 10/05/2016)
2016-11-078ORDER: IT IS HEREBY ORDERED that the Scheduling Conference pursuant to Fed.R.Civ.P. 16 is reset from November 17, 2016 to Wednesday, November 16, 2016 at 2:30 p.m. in Chambers before District Judge Rodney W. Sippel. Signed by District Judge Rodney W. Sippel on 11/7/16. (CAR) (Entered: 11/07/2016)
2016-11-099JOINT SCHEDULING PLAN by Plaintiff Mark W. Dubuque. . (Cohen, Lauren) (Entered: 11/09/2016)
2016-11-1410MEMORANDUM re 9 Joint Scheduling Plan and Discovery in Freedom of Information Act Litigation by Defendants Air Force Office of Special Investigations, United States Department of the Air Force. (Shaw, Jane) (Entered: 11/14/2016)
2016-11-1511MEMORANDUM re 10 Memorandum Response to Defendants' Memorandum to the Court on Discovery in FOIA Litigation by Plaintiff Mark W. Dubuque. (Cooley, Drey) (Entered: 11/15/2016)
2016-11-1712CASE MANAGEMENT ORDER : IT IS HEREBY ORDERED that any motions to dismiss, for summary judgment or motions for judgment on the pleadings must be filed no later than March 31, 2017. Opposition briefs shall be filed no later than May 3, 2017 and any reply brief may be filed no later than May 26, 2017.. Signed by District Judge Rodney W. Sippel on 11/17/16. (LGK) (Entered: 11/17/2016)
2017-03-3113MOTION for Extension of Time to File ;Extension to file the following: Motion For Summary Judgment ;Proposed extension date April 21, 2017 by Defendants Air Force Office of Special Investigations, United States Department of the Air Force. (Shaw, Jane) (Entered: 03/31/2017)
2017-04-0314Docket Text ORDER: Re: 13 MOTION for Extension of Time to File Motion For Summary Judgment; Proposed extension date April 21, 2017, filed by Air Force Office of Special Investigations, United States Department of the Air Force; ORDERED GRANTED. Signed by District Judge Rodney W. Sippel on 4/3/17. (CAR) (Entered: 04/03/2017)
2017-04-2015MOTION for Summary Judgment by Defendants Air Force Office of Special Investigations, United States Department of the Air Force. (Shaw, Jane) (Entered: 04/20/2017)
2017-04-2016MEMORANDUM in Support of Motion re 15 MOTION for Summary Judgment filed by Defendants Air Force Office of Special Investigations, United States Department of the Air Force. (Attachments: # 1 Exhibit A-Robert Hunter Declaration, # 2 Exhibit B-Tiffany McClurkin Declaration, # 3 Exhibit C-Correspondence)(Shaw, Jane) (Entered: 04/20/2017)
2017-04-2017STATEMENT of Material Facts re 15 MOTION for Summary Judgment filed by Defendants Air Force Office of Special Investigations, United States Department of the Air Force. (Shaw, Jane) (Entered: 04/20/2017)
2017-05-0818Consent MOTION for Extension of Time to File Response/Reply as to 15 MOTION for Summary Judgment by Plaintiff Mark W. Dubuque. (Cooley, Drey) (Entered: 05/08/2017)
2017-05-0919Docket Text ORDER: Re: 18 Consent MOTION for Extension of Time to File Response/Reply as to 15 MOTION for Summary Judgment by Plaintiff Mark W. Dubuque. (Cooley, Drey) filed by Mark W. Dubuque ; ORDERED GRANTED.. Signed by District Judge Rodney W. Sippel on 5/9/17. (LGK) (Entered: 05/09/2017)
2017-05-3020Consent MOTION for Extension of Time to File Response/Reply as to 15 MOTION for Summary Judgment by Plaintiff Mark W. Dubuque. (Cooley, Drey) (Entered: 05/30/2017)
2017-05-3121Docket Text ORDER: Re: 20 Consent MOTION for Extension of Time to File Response/Reply as to 15 MOTION for Summary Judgment by Plaintiff Mark W. Dubuque. (Cooley, Drey) filed by Mark W. Dubuque ; ORDERED GRANTED.. Signed by District Judge Rodney W. Sippel on 5/31/17. (LGK) (Entered: 05/31/2017)
2017-06-0822MEMORANDUM in Opposition re 15 MOTION for Summary Judgment filed by Plaintiff Mark W. Dubuque. (Cooley, Drey) (Entered: 06/08/2017)
2017-06-0823RESPONSE to Statement of Material Facts re 17 Statement of Material Facts and Statement of Additional Material Facts in Opposition to Defendants' Motion for Summary Judgment filed by Plaintiff Mark W. Dubuque. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2 (redacted), # 3 Exhibit 3, # 4 Exhibit 4)(Cooley, Drey) (Entered: 06/08/2017)
2017-06-0824SEALED DOCUMENT re 23 Response to Statement of Material Facts, Unredacted version of Exhibit 2 by Plaintiff Mark W. Dubuque . (Attachments: # 1 Exhibit 2 to Plaintiff's Response to Defendants' Statement of Material Facts)(Cooley, Drey) (Entered: 06/08/2017)
2017-06-1425MOTION for Extension of Time to File Response/Reply as to 22 Memorandum in Opposition to Motion, 23 Response to Statement of Material Facts, by Defendants Air Force Office of Special Investigations, United States Department of the Air Force. (Shaw, Jane) (Entered: 06/14/2017)
2017-06-2726REPLY to Response to Motion re 15 MOTION for Summary Judgment by Defendants Air Force Office of Special Investigations, United States Department of the Air Force. (Attachments: # 1 Exhibit 1 - Robert Hunter Declaration)(Shaw, Jane) Modified on 6/28/2017 (CAR). (Entered: 06/27/2017)
2017-06-2727REPLY to Response to Motion re 15 MOTION for Summary Judgment DEFENDANTS' RESPONSE TO PLAINTIFF'S STATEMENT OF ADDITIONAL MATERIAL FACTS IN OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT filed by Defendants Air Force Office of Special Investigations, United States Department of the Air Force. (Shaw, Jane) Modified on 6/28/2017 (CAR). (Entered: 06/27/2017)
2017-06-2828Docket Text ORDER: Re: 25 MOTION for Extension of Time to File Response/Reply as to 22 Memorandum in Opposition to Motion, 23 Response to Statement of Material Facts, filed by Air Force Office of Special Investigations, United States Department of the Air Force; ORDERED GRANTED. Signed by District Judge Rodney W. Sippel on 6/28/17. (CAR) (Entered: 06/28/2017)
2017-06-2829MOTION for Leave to File Sur-Reply in Opposition to Defendants' Motion for Summary Judgment by Plaintiff Mark W. Dubuque. (Cooley, Drey) (Entered: 06/28/2017)
2017-06-2930ORDER: IT IS HEREBY ORDERED that Plaintiff's Motion for Leave to File a Sur-Reply 29 is GRANTED. Plaintiff shall have until July 14, 2017 to file its Sur-Reply. Signed by District Judge Rodney W. Sippel on 6/29/17. (CAR) (Entered: 06/29/2017)
2017-07-0531SURREPLY to Motion re 15 MOTION for Summary Judgment filed by Plaintiff Mark W. Dubuque. (Cooley, Drey) (Entered: 07/05/2017)
2017-07-0732MOTION for Leave to File Response to Plaintiff's Sur-Reply in Opposition to Defendants' Motion for Summary Judgment by Defendants Air Force Office of Special Investigations, United States Department of the Air Force. (Shaw, Jane) (Entered: 07/07/2017)
2017-07-1033Docket Text ORDER: Re: 32 MOTION for Leave to File Response to Plaintiff's Sur-Reply in Opposition to Defendants' Motion for Summary Judgment filed by Air Force Office of Special Investigations, United States Department of the Air Force; ORDERED GRANTED. Signed by District Judge Rodney W. Sippel on 7/10/17. (CAR) (Entered: 07/10/2017)
2017-07-1034REPLY to Response to Motion re 15 MOTION for Summary Judgment filed by Defendants Air Force Office of Special Investigations, United States Department of the Air Force. (Attachments: # 1 Exhibit Robert Hunter Supplemental Declaration)(Shaw, Jane) (Entered: 07/10/2017)
2017-07-1635MOTION to Strike 34 Reply to Response to Motion, Portions of Doc 34-1 by Plaintiff Mark W. Dubuque. (Cooley, Drey) (Entered: 07/16/2017)
2017-07-1636MEMORANDUM in Support of Motion re 35 MOTION to Strike 34 Reply to Response to Motion, Portions of Doc 34-1 filed by Plaintiff Mark W. Dubuque. (Cooley, Drey) (Entered: 07/16/2017)
2017-11-0637MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Plaintiff's Motion to Strike 35 is GRANTED. IT IS FURTHER ORDERED that Defendants' Motion for Summary Judgment 15 is GRANTED.. Signed by District Judge Rodney W. Sippel on 11/6/17. (LGK) (Entered: 11/06/2017)
2017-11-0638JUDGMENT : IT IS HEREBY ORDERED that Plaintiff Mark W. Dubuque's Motion to Strike 35 is GRANTED. IT IS FURTHER ORDERED that Defendants United States Department of the Air Force and Air Force Office of Special Investigations Motion for Summary Judgment 15 is GRANTED. Signed by District Judge Rodney W. Sippel on 11/6/17. (LGK) (Entered: 11/06/2017)
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by FOIA Project Staff
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