| Date Filed | Doc # | Docket Text |
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| 2016-05-02 | 1 | COMPLAINT against All Defendants, filed by Thomas Michael Benhoff. (Filing fee $400.00; fee not paid; IFP filed) The new case number is 3:16-cv-1095-GPC-JLB. Judge Gonzalo P. Curiel and Magistrate Judge Jill L. Burkhardt are assigned to the case.[ Case in Screening per 28 USC 1915 ] (skh)(jao). (Entered: 05/06/2016) |
| 2016-05-02 | 2 | MOTION for Leave to Proceed in forma pauperis by Thomas Michael Benhoff. (skh) (jao). (Entered: 05/06/2016) |
| 2016-06-14 | 3 | Notice of Document Discrepancies and Order Thereon by Judge Gonzalo P. Curiel Accepting Document: Letter (Request to Clerk to Serve Summons and Complaint on Defendants), from Plaintiff Thomas Michael Benhoff. Non-compliance with local rule(s), OTHER: Fed.R.Civ.P. 4(b) - Issuance of summons is premature. Complaint first requires screening per 28:1915(e)(2) and 28:1915A; IFP motion is still pending (Doc. No. 2). Nunc Pro Tunc 6/10/16. Signed by Judge Gonzalo P. Curiel on 6/13/16.(All non-registered users served via U.S. Mail Service)(dlg) (Entered: 06/14/2016) |
| 2016-06-14 | 4 | Letter from Plaintiff. Nunc pro tunc 6/10/16 (dlg) (Entered: 06/14/2016) |
| 2016-06-14 | 5 | ORDER Granting 2 Motion for Leave to Proceed in forma pauperis and Directing U.S. Marshal to Effect Service. The Court directs: the Watch Commander, or his designee, is ordered to collect from prison trust account the $350 balance of the filing fee owed in this case by collecting monthly payments from the trust account in an amount equal to 20% of the preceding month income credited to the account and forward payments to the Clerk of the Court each time the amount in the account exceeds $10 in accordance with 28 USC 1915(b)(2); and the Clerk to issue a summons as to Plaintiffs Complaint. Signed by Judge Gonzalo P. Curiel on 6/14/16. (All non-registered users served via U.S. Mail Service) (Certified Copy to USM) (IFP package prepared and certified copies sent to Plaintiff. dlg) (jao). (Entered: 06/15/2016) |
| 2016-06-15 | 6 | Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. Summons will be mailed to plaintiffs not receiving notice electronically. (Attachments: # 1 IFP Letter)(dlg) (Entered: 06/15/2016) |
| 2016-07-13 | 7 | SUMMONS Returned Executed by Thomas Michael Benhoff. Kyle W. Hoffman served. (nbp) (Entered: 07/14/2016) |
| 2016-07-13 | 8 | SUMMONS Returned Executed by Thomas Michael Benhoff. United States Department of Justice served. (nbp) (Entered: 07/14/2016) |
| 2016-07-13 | 9 | SUMMONS Returned Executed by Thomas Michael Benhoff. Laura E. Duffy served. (nbp) (Entered: 07/14/2016) |
| 2016-08-31 | 10 | MOTION to Dismiss for Lack of Jurisdiction (FOIA Claim and Individual Defendants) by Laura E. Duffy, Kyle W. Hoffman, United States Department of Justice. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Katherine L. Parker and Exhibit A, # 3 Declaration of David M. Hardy, # 4 Proof of Service)(Parker, Katherine)Attorney Katherine Lind Parker added to party Laura E. Duffy(pty:dft), Attorney Katherine Lind Parker added to party Kyle W. Hoffman(pty:dft), Attorney Katherine Lind Parker added to party United States Department of Justice(pty:dft) (dlg). (Entered: 08/31/2016) |
| 2016-08-31 | 11 | ORDER Setting Briefing Schedule re 10 MOTION to Dismiss for Lack of Jurisdiction (FOIA Claim and Individual Defendants) : Any opposition shall be filed on or before October 7, 2016. Any reply shall be filed on or before October 21, 2016. A hearing is set on November 10, 2016 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 8/31/16.(All non-registered users served via U.S. Mail Service)(dlg) (Entered: 08/31/2016) |
| 2016-09-22 | 12 | RESPONSE in Opposition to Motion to Dismiss for Lack of Jurisdiction (FOIA Claim and Individual Defendants) (Doc. No. 10 ) filed by Thomas Michael Benhoff. (nbp) (Entered: 09/22/2016) |
| 2016-10-21 | 13 | REPLY to Response to Motion re 10 MOTION to Dismiss for Lack of Jurisdiction (FOIA Claim and Individual Defendants) filed by Laura E. Duffy, Kyle W. Hoffman, United States Department of Justice. (Attachments: # 1 Proof of Service)(Parker, Katherine) (nbp) (Entered: 10/21/2016) |
| 2016-11-07 | 14 | Minute ORDER re 10 MOTION to Dismiss for Lack of Jurisdiction (FOIA Claim and Individual Defendants) - Submitted. Motion Hearing set for 11/10/16 at 1:30 pm - Vacated. (no document attached) (ksr) (Entered: 11/07/2016) |
| 2016-11-08 | 15 | Notice of Document Discrepancies and Order Thereon by Judge Gonzalo P. Curiel Accepting Document: Plaintiff's Application to File Rejoinder to Defendants' Reply, from Plaintiff Thomas Michael Benhoff. Non-compliance with local rule(s), Supplemental documents require court order, OTHER: Sur-Replies are not permitted without permission from the Court. Nunc Pro Tunc 11/4/16. Signed by Judge Gonzalo P. Curiel on 11/8/16.(All non-registered users served via U.S. Mail Service)(dlg) (Entered: 11/08/2016) |
| 2016-11-08 | 16 | Plaintiff's Application to File Rejoinder to Defendants' Reply - re 10 MOTION to Dismiss for Lack of Jurisdiction (FOIA Claim and Individual Defendants) filed by Thomas Michael Benhoff. Nunc pro tunc 11/4/16 (dlg) (Entered: 11/08/2016) |
| 2016-11-10 | 17 | Notice of Document Discrepancies and Order Thereon by Judge Gonzalo P. Curiel Rejecting Document: Letter (Request to Appear Telephonically on November 10), from Plaintiff Thomas Michael Benhoff. Non-compliance with local rule(s), OTHER: Motion to Dismiss hearing was vacated on 11/7/2016 per Minute Order (Doc. No.14); Civ.L. Rule 77.2 Request not grantable by the Clerk without further direction of the Judge. Signed by Judge Gonzalo P. Curiel on 11/10/16.(All non-registered users served via U.S. Mail Service)(dlg) (Additional attachment(s) added on 11/10/2016: # 1 Rejected Document) (dlg). (Entered: 11/10/2016) |
| 2016-11-29 | 18 | ORDER Granting in Part and Denying in Part Defendants' 10 Motion to Dismiss. The Court grants Defendants' motion to dismiss the FOIA cause of action and grants Defendants' motion to dismiss the Assistant U.S. Attorney and denies Defendants' motion to dismiss the U.S. Attorney. Signed by Judge Gonzalo P. Curiel on 11/29/16. (All non-registered users served via U.S. Mail Service)(dlg) (jao). (Entered: 11/29/2016) |
| 2016-12-13 | 19 | ANSWER to 1 Complaint, by Laura E. Duffy, United States Department of Justice. (Attachments: # 1 Proof of Service)(Parker, Katherine) (nbp) (Entered: 12/13/2016) |
| 2016-12-14 | 20 | MOTION for Summary Judgment by Laura E. Duffy, United States Department of Justice. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Kyle Hoffman with Exhibits A-D, # 3 Statement of Facts, # 4 Proof of Service)(Parker, Katherine) (nbp) (Entered: 12/14/2016) |
| 2016-12-14 | 21 | Order Setting Briefing Schedule on Cross-Motions for Summary Judgment and Resetting Hearing Date on Motions: Plaintiff shall file and serve an opposition to the cross-motion and a reply to opposition by 1/20/17. Defendant shall file any reply to opposition to the the cross-motion by 2/3/17. Motion Hearing shall be scheduled for 3/10/17 at 1:30pm. Signed by Magistrate Judge Jill L. Burkhardt on 12/14/16.(All non-registered users served via U.S. Mail Service)(dlg) (Entered: 12/14/2016) |
| 2017-01-12 | 22 | Plaintiff's Notice of Motion and (Cross-) MOTION for Summary Judgment by Thomas Michael Benhoff. (dlg) (Entered: 01/13/2017) |
| 2017-01-13 | 23 | RESPONSE in Opposition re 20 MOTION for Summary Judgment filed by Thomas Michael Benhoff. (rlu) (Entered: 01/17/2017) |
| 2017-01-17 | 24 | AMENDED PROOF OF SERVICE by Thomas Michael Benhoff re 22 Plaintiff's Notice of Motion and (Cross-) Motion for Summary Judgment. (rlu) (Entered: 01/18/2017) |
| 2017-01-17 | 26 | AMENDED PROOF OF SERVICE by Thomas Michael Benhoff re 23 Response in Opposition to Motion, 25 Supplemental Document. (rlu) (Entered: 01/18/2017) |
| 2017-01-18 | 25 | SUPPLEMENTAL DOCUMENT re 22 MOTION for Summary Judgment by Thomas Michael Benhoff. (dlg) (Entered: 01/18/2017) |
| 2017-01-24 | 27 | NOTICE of Change of Address by Thomas Michael Benhoff. (nbp) (Entered: 01/30/2017) |
| 2017-02-03 | 28 | REPLY to Response to Motion re 22 MOTION for Summary Judgment And Reply in Support of United States Motion for Summary Judgment filed by United States Department of Justice. (Attachments: # 1 Proof of Service)(Parker, Katherine) (nbp) (Entered: 02/03/2017) |
| 2017-02-27 | 29 | REPLY to Response in Opposition to Motion for Summary Judgment (Doc. No. 20 ) filed by Thomas Michael Benhoff. (nbp) (Entered: 03/01/2017) |
| 2017-03-03 | 30 | ORDER Granting Defendants' 20 Motion for Summary Judgment and Denying 22 Plaintiff's Motion for Summary Judgment. The hearing set for March 10, 2017 shall be vacated. Signed by Judge Gonzalo P. Curiel on 3/3/17. (All non-registered users served via U.S. Mail Service)(dlg) (jao). (Entered: 03/03/2017) |
| 2017-03-03 | 31 | CLERK'S JUDGMENT. The Court GRANTS Defendants' motion for summary judgment and DENIES Plaintiff's motion for summary judgment. The hearing set for March 10, 2017 shall be vacated.(All non-registered users served via U.S. Mail Service)(dlg) (jao). (Entered: 03/03/2017) |
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