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Case TitleTUNNELL v. U.S. DEPARTMENT OF DEFENSE
DistrictSouthern District of Indiana
CityIndianapolis
Case Number1:2018cv03483
Date Filed2018-11-09
Date Closed2020-02-19
JudgeJudge Sarah Evans Barker
PlaintiffHARRY TUNNELL
Case DescriptionHarry Tunnell submitted FOIA requests to the Department of Defense for records concerning the 2010 appointment of Stephen Twitty as an investigating officer. The agency acknowledged receipt of the requests and on several occasions asked Tunnell to clarify the scope of the request. Even after clarification, the agency found no records. Tunnell filed administrative appeals of those decision but after hearing nothing further from the agency, Tunnell filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Recovery of Costs

DefendantU.S. DEPARTMENT OF DEFENSE
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-11-091COMPLAINT against U.S. DEPARTMENT OF DEFENSE, filed by HARRY TUNNELL. (Filing fee $400, receipt number IP062817) (DJH) (Entered: 11/09/2018)
2018-11-092MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) (Entered: 11/09/2018)
2018-11-143Summons Issued as to UNITED STATES ATTORNEY'S OFFICE. (NAD) (Entered: 11/15/2018)
2018-11-144Summons Issued as to U.S. DEPARTMENT OF DEFENSE. (NAD) (Entered: 11/15/2018)
2018-11-145Summons Issued as to U.S. DEPARTMENT OF JUSTICE. (NAD) (Entered: 11/15/2018)
2018-12-116NOTICE of Appearance by Lara K. Langeneckert on behalf of Defendant U.S. DEPARTMENT OF DEFENSE. (Langeneckert, Lara) (Entered: 12/11/2018)
2018-12-117MOTION for Extension of Time to February 15, 2019 , filed by Defendant U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Langeneckert, Lara) (Entered: 12/11/2018)
2018-12-118CONSENT to Jurisdiction to US Magistrate Judge by HARRY TUNNELL. (CKM) (Entered: 12/14/2018)
2018-12-149ORDER granting Defendant's 7 Motion for Extension of Time to File response to complaint to 2/15/2019. Copy to Plaintiff via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 12/14/2018. (SWM) (Entered: 12/14/2018)
2019-02-1510ANSWER to 1 Complaint , filed by U.S. DEPARTMENT OF DEFENSE.(Langeneckert, Lara) (Entered: 02/15/2019)
2019-02-1911SCHEDULING ORDER: Initial Pretrial Conference set for 3/15/2019 11:00 AM (Eastern Time) in room #270, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Debra McVicker Lynch. Please bring a copy of this order with you to the conference. Failure to attend this pretrial conference may subject your case to dismissal (if a plaintiff) or default (if a defendant). See Order for additional information. Copy to Plaintiff via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 2/19/2019.(SWM) (Entered: 02/20/2019)
2019-03-1512Entry and Order from Initial Pretrial Conference - The plaintiff, in person, and the defendant, by counsel, appeared for an initial pretrial conference on March 15, 2019, with the magistrate judge. The court will not adopt the deadlines set out in the February 19, 2019 scheduling Order (Dkt. 11 ). Rather, defense counsel shall promptly provide the plaintiff with the defendant's proposals and current report, and the parties shall confer to refine and improve the remaining searches. Defendant shall provide plaintiff with the fruits of the ongoing searches. This case is set for an in-person status conference on June 13, 2019, at 2:00 p.m. (Eastern), before Magistrate Judge Debra McVicker Lynch, in Room 270, of the United States Courthouse, located at 46 E. Ohio St., Indianapolis, Indiana. Signed by Magistrate Judge Debra McVicker Lynch. (JLS) (Entered: 03/18/2019)
2019-05-2213MOTION for Change of Date, filed by Plaintiff HARRY TUNNELL. (JDH) (Entered: 05/23/2019)
2019-05-2414CERTIFICATE OF SERVICE by HARRY TUNNELL re 13 MOTION for Continuance (NAD) (Entered: 05/24/2019)
2019-05-2815ORDER granting Plaintiff's 13 Motion for Continuance. Status Conference RESET for 6/26/2019 10:00 AM (Eastern Time) in room #270, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Debra McVicker Lynch. Copy to Plaintiff via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 5/28/2019.(SWM) (Entered: 05/28/2019)
2019-06-1916MOTION for Continuance , filed by Defendant U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Langeneckert, Lara) Modified on 6/20/2019 (LDH). (Entered: 06/19/2019)
2019-06-2017ORDER granting Defendant's 16 Motion for Continuance. Status Conference RESET for 7/9/2019 11:00 AM (Eastern Time) in room #270, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Debra McVicker Lynch. Copy to Plaintiff via US Mail (both addresses). Signed by Magistrate Judge Debra McVicker Lynch on 6/20/2019.(SWM) (Entered: 06/20/2019)
2019-07-0918Entry and Order from Status Conference - The plaintiff, in person, and the defendant, by counsel, appeared for a status conference on July 9, 2019, with the magistrate judge. The parties presented a progress report. This case is set for another in-person status conference on October 29, 2019, at 9:30 a.m. (Eastern) before Magistrate Judge Debra McVicker Lynch, in Room 270, of the United States Courthouse, located at 46 E. Ohio St., Indianapolis, Indiana. The parties shall confer and file a joint status report 7 days in advance of the conference. The report should include any open items and a proposed agenda for the conference. Copy to Plaintiff via U.S. Mail. Signed by Magistrate Judge Debra McVicker Lynch. (JLS) (Entered: 07/10/2019)
2019-08-0619Mail Returned as undeliverable. 18 Status Conference Set Hearings sent to HARRY TUNNELL. (Return to Sender No Such Number Resent on 8/7/2019 to Correct Address) (CKM) (Entered: 08/07/2019)
2019-08-2620Mail Returned as undeliverable. 17 Order on Motion for ContinuanceScheduling sent to HARRY TUNNELL. (Return to Sender Not Deliverable as Addressed No Such Number) (CKM) (Entered: 08/27/2019)
2019-10-2121Joint MOTION to Vacate Status Conference , filed by Defendant U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Langeneckert, Lara) (Entered: 10/21/2019)
2019-10-2422ORDER: Both parties have requested that the Court vacate the in- person status conference currently set in this matter for October 29, 2019. The Court, having reviewed 21 the Joint Status Report and Motion to Vacate Status Conference and being duly advised in the premises, now GRANTS the Motion. IT IS THEREFORE ORDERED that the October 29, 2019 status conference is VACATED. Parties shall submit either a joint stipulation of dismissal or a joint status report within 60 days of the date of this order. Copy to Plaintiff via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 10/24/2019.(SWM) (Entered: 10/25/2019)
2019-12-1823NOTICE of Change of Address for HARRY TUNNELL. (CKM) (Entered: 12/18/2019)
2019-12-2024STATUS REPORT (Joint) by U.S. DEPARTMENT OF DEFENSE. (Langeneckert, Lara) (Entered: 12/20/2019)
2019-12-3125ORDER Directing Filing of Documents Authorizing Dismissal:The parties have advised the court that they have resolved this case. Therefore, all pending motions, if any, are now DENIED AS MOOT and all previously ordered dates relating to discovery, filings, schedules, conferences, and trial, if any, are VACATED. Within sixty days of the date of this entry, counsel for the plaintiff shall file a motion to dismiss this cause and submit an order for the courts signature ordering the dismissal of this action or a stipulation of dismissal (consistent with the agreement of the parties). Copy to Plaintiff via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 12/31/2019.(SWM) Modified on 12/31/2019 (SWM). (Entered: 12/31/2019)
2020-02-1426Joint STIPULATION of Dismissal, as to Plaintiff HARRY TUNNELL and Defendant U.S. DEPARTMENT OF DEFENSE, filed by HARRY TUNNELL and signed with Permission Lara Langeneckart (CKM) (Entered: 02/18/2020)
2020-02-1927CLOSED DISMISSED - Acknowledges Parties Joint Stipulation of Dismissal; cause is DISMISSED with prejudice. (Marginal Notation). Signed by Judge Sarah Evans Barker on 2/19/2020. Copy to Plaintiff via U.S. Mail. (MAC) Modified on 2/19/2020 (MAC). (Entered: 02/19/2020)
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