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Case TitleSamuel v. U.S. Department of State
DistrictDistrict of South Carolina
CityCharleston
Case Number2:2019cv01786
Date Filed2019-06-24
Date Closed2020-12-03
JudgeHonorable Richard M Gergel
PlaintiffRobert T Samuel, III
Case DescriptionRobert Samuel submitted a FOIA request to the Department of State for records concerning the electromagnetic pulses known as the Cuba Condition that had caused hearing loss problems for State Department employees stationed at the U.S. Embassy in Havana. The agency acknowledged receipt of the request and asked Samuel to modify his request. He did so, but after hearing nothing further from the agency, he filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Recovery of Costs

DefendantU.S. Department of State
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [46]
Opinion/Order [51]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-06-241COMPLAINT against U.S. Department of State ( Filing fee $ 400 receipt number SCX200016462.), filed by Robert T Samuel, III. (Attachments: # 1 Supporting Documents)(hada, ) (Entered: 06/24/2019)
2019-06-243Local Rule 26.01 Answers to Interrogatories by Robert T Samuel, III.(hada, ) (Entered: 06/24/2019)
2019-07-128ORDER authorizing service of process by clerk and directing plaintiff to notify the clerk in writing of any change of address. Signed by Magistrate Judge Bristow Marchant on 07/12/2019. (egra, ) (Entered: 07/12/2019)
2019-07-129Summons Issued as to U.S. Department of State. U.S. Attorney and U.S. Attorney General. Service due by 10/10/2019. (egra, ) (Entered: 07/12/2019)
2019-07-1210***DOCUMENT MAILED 9 Summons Issued as to USA, 8 Order Service - Non-Inmate placed in U.S. Mail from Charleston Clerks Office to Robert T Samuel, III P.O. Box 32311 Charleston, SC 29417 (egra, ) (Entered: 07/12/2019)
2019-08-1311SUMMONS Returned Executed by Robert T Samuel, III. U.S. Department of State served on 7/22/2019, answer due 9/20/2019. (Attachments: # 1 Proof of Service, # 2 Envelope) (egra, ) (Entered: 08/13/2019)
2019-08-1312SUMMONS Returned Executed by Robert T Samuel, III. Re-served Department of State. (Attachments: # 1 Proof of Service, # 2 Envelope) (egra, ) (Entered: 08/13/2019)
2019-09-0613ANSWER to 1 Complaint by U.S. Department of State.(Bowens, Barbara) (Entered: 09/06/2019)
2019-09-1014SCHEDULING ORDER Motions to Amend Pleadings due by 10/10/2019, Plaintiffs ID of Expert Witness due by 11/11/2019, Defendants ID of Expert Witnesses Due by 12/11/2019, Records Custodian Affidavit due by 12/11/2019, Discovery due by 1/10/2020, Motions due by 3/10/2020, Mediation Due by 2/10/2020. Signed by Magistrate Judge Bristow Marchant on 09/10/2019. (egra, ) (Entered: 09/10/2019)
2019-12-2315Letter from Robert T. Samuel, III. (Attachments: # 1 Envelope) (egra, ) (Entered: 12/23/2019)
2020-03-0916TEXT ORDER-A review of the docket shows that the mediation deadline in this case was February 10, 2020. No information concerning mediation of the case has been provided to the Court. The parties are directed to advise the Court, in writing, of the status of mediation by no later than March 20, 2020. Entered at the direction of Magistrate Judge Bristow Marchant on 03/09/2020. (cpeg, ) (Entered: 03/09/2020)
2020-03-0917***DOCUMENT MAILED 16 Order, placed in U.S. Mail from Charleston Clerks Office to Robert T Samuel, III P.O. Box 32311 Charleston, SC 29417. (cpeg, ) (Entered: 03/09/2020)
2020-03-1019MOTION for Extension of Time by U.S. Department of State. Response to Motion due by 3/24/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Bristow Marchant.(Bowens, Barbara) (Entered: 03/10/2020)
2020-03-1220TEXT ORDER granting 19 Motion for Extension of Time. Defendant's Motion for Summary Judgment due 03/20/2020. Entered at the direction of Magistrate Judge Bristow Marchant on 03/12/2020.(cpeg, ) (Entered: 03/12/2020)
2020-03-1221***DOCUMENT MAILED 20 Order on Motion for Extension of Time placed in U.S. Mail from Charleston Clerks Office to Robert T Samuel, III P.O. Box 32311 Charleston, SC 29417 (cpeg, ) (Entered: 03/12/2020)
2020-03-1624NOTICE of Standing Order 3:20-mc-105 In re: Court Operations in Response to COVID-19. (cpeg, ) (Entered: 03/26/2020)
2020-03-2322REPLY by Robert T Samuel, III to 16 Order. (Attachments: # 1 Envelope)(cpeg, ) (Entered: 03/23/2020)
2020-03-2423REPLY by U.S. Department of State to 16 Order, . (Bowens, Barbara) (Entered: 03/24/2020)
2020-03-2625***DOCUMENT MAILED 24 Notice Other placed in U.S. Mail from Charleston Clerks Office to Robert T Samuel, III P.O. Box 32311 Charleston, SC 29417. (cpeg, ) (Entered: 03/26/2020)
2020-03-2727TEXT ORDER re 23 Reply filed by U.S. Department of State. Order denying Defendant's Motion to Stay Mediation. The Court has found mediation to be a valuable aid in the resolution of cases presenting disputed facts by forcing parties in contested matters to thoroughly analyze the pros and cons of their cases and put aside bias and contention to seek a fair and balanced resolution of this case, if possible. Even when cases are not settled, mediation often helps to narrow issues and claims for consideration of any dispositive motions and prepare the case for trial. Therefore, the motion to stay mediation is denied. The new mediation deadline is April 24, 2020. The new dispositive motions deadline is May 22, 2020. If the parties seek further extensions due to the ongoing coronavirus pandemic, they may file a motion with the Court. IT IS SO ORDERED. Entered at the direction of Magistrate Judge Bristow Marchant on 03/27/2020. (cpeg, ) (Entered: 03/27/2020)
2020-03-2728***DOCUMENT MAILED 27 Order, placed in U.S. Mail from Charleston Clerks Office to Robert T Samuel, III P.O. Box 32311 Charleston, SC 29417. (cpeg, ) (Entered: 03/27/2020)
2020-04-0830Letter from Robert T. Samuel, III. (Attachments: # 1 Envelope)(hada, ) (Entered: 04/08/2020)
2020-04-2731MOTION for Extension of Time and Declaration of an indignant case by Robert T Samuel, III. Response to Motion due by 5/12/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Cove Letter, # 2 Supporting Documents, # 3 Envelope)No proposed order.Motions referred to Bristow Marchant.(cpeg, ) (Entered: 04/27/2020)
2020-04-2932TEXT ORDER granting in part and denying in part 31 Motion for Extension of Time.In light of the current pandemic and the Court's order of March 27, 2020, the mediation deadline is extended to May 22, 2020. If the parties do not believe that conditions relating to the pandemic by that time allow for a mediation, they may seek a further extension upon a showing of good cause. Plaintiff's request to be classified for mediation purposes as an indigent to allow for mediation to be provided to him free of charge is denied. Plaintiff is not indigent, and in fact has filed at least three cases in this Court (with payment of the filing fees), at least two of which are still pending. Having chosen to pursue civil litigation in this Court, Plaintiff is responsible for bearing all associated costs related to his case(s), including mediation costs. There is no indication based on the filings in this case that requiring plaintiff to pay his associated costs of mediation would impose an undue hardship or effectively block his access to the Courts, and he is not therefore entitled to have his litigation costs borne or underwritten by others. Cf, Carter v. Telectron, Inc., 452 F.Supp. 939, 943 (S.D. Tex. 1976). However, given the nature of this case (an FOI claim), the parties are free to meet themselves in an effort to resolve the case, without the use of a third party mediator, but the Court instructs that a good faith effort to resolve the case must be made. The dispositive motions deadline is extended to June 26, 2020. IT IS SO ORDERED. Entered at the direction of Magistrate Judge Bristow Marchant on 04/29/2020.(cpeg, ) (Entered: 04/29/2020)
2020-04-2933***DOCUMENT MAILED 32 Order on Motion for Extension of Time,,,,,, placed in U.S. Mail from Charleston Clerks Office to Robert T Samuel, III P.O. Box 32311 Charleston, SC 29417 (cpeg, ) (Entered: 04/29/2020)
2020-05-1235STATUS REPORT by U.S. Department of State. (Bowens, Barbara) (Entered: 05/12/2020)
2020-06-2637MOTION for Summary Judgment and Memorandum in Support by U.S. Department of State. Response to Motion due by 7/10/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit 1, Declaration of Todd J. Brown)No proposed order.Motions referred to Bristow Marchant.(Bowens, Barbara) (Entered: 06/26/2020)
2020-06-2938ROSEBORO ORDER directing clerk to forward summary judgment explanation to the opposing party and directing that party to respond in 31 days. Response due to 37 MOTION for Summary Judgment and Memorandum in Support by 7/30/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Bristow Marchant on 06/29/2020. (cpeg, ) (Entered: 06/29/2020)
2020-06-2939***DOCUMENT MAILED 38 Roseboro Order, placed in U.S. Mail from Charleston Clerks Office to Robert T Samuel, III P.O. Box 32311 Charleston, SC 29417 (cpeg, ) (Entered: 06/29/2020)
2020-07-08Case Reassigned to Magistrate Judge Molly H Cherry. Magistrate Judge Bristow Marchant no longer assigned to the case. (swil, ) (Entered: 07/08/2020)
2020-07-1440***DOCUMENT MAILED Clerk Notes Case Assign Public placed in U.S. Mail from Charleston Clerks Office to Robert T Samuel, III P.O. Box 32311 Charleston, SC 29417 (sshe, ) (Entered: 07/14/2020)
2020-07-2941RESPONSE in Opposition re 37 MOTION for Summary Judgment and Memorandum in Support . Response filed by Robert T Samuel, III.Reply to Response to Motion due by 8/5/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Supporting Documents, # 2 Envelope)(cpeg, ) (Entered: 07/29/2020)
2020-08-0542REPLY to Response to Motion re 37 MOTION for Summary Judgment and Memorandum in Support Response filed by U.S. Department of State. (Bowens, Barbara) (Entered: 08/05/2020)
2020-11-1343REPORT AND RECOMMENDATION of Magistrate Judge Molly H. Cherry. It is RECOMMENDED that Defendant's Motion for Summary Judgment (ECF No. 37 ) be GRANTED, and that Plaintiff's Complaint be DISMISSED. Objections to R&R due by 11/30/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Molly H Cherry on 11/13/2020. (cpeg, ) (Entered: 11/13/2020)
2020-11-1344***DOCUMENT MAILED 43 REPORT AND RECOMMENDATION re 37 MOTION for Summary Judgment and Memorandum in Support filed by U.S. Department of State, 1 Complaint filed by Robert T Samuel, III placed in U.S. Mail from Charleston Clerks Office to Robert T Samuel, III P.O. Box 32311 Charleston, SC 29417 (cpeg, ) (Entered: 11/13/2020)
2020-12-0346ORDER: The Court ADOPTS the R & R of the Magistrate Judge (Dkt. No. 43) as the order of the Court and GRANTS Defendants motion for summary judgment (Dkt. No. 37). AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 12/3/20.(ltap, ) (Entered: 12/03/2020)
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