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Case TitlePhelan v. Housing and Urban Development
DistrictNorthern District of Texas
CityFort Worth
Case Number4:2020cv00064
Date Filed2020-01-26
Date ClosedOpen
JudgeJudge Reed C. O'Connor
PlaintiffHarold L. Phelan
Case DescriptionHarold Phelan, the attorney for Kimberly Mayfield, who had filed an EEOC complaint against the Dallas Office of the Department of Housing and Urban Development, submitted FOIA requests to the agency for records concerning employee training. The agency acknowledged receipt of the requests but despite several attempts by Phelan to check the status of his requests, he heard nothing further from the agency. Phelan then filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantU.S. Department of Housing and Urban Development
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-01-261COMPLAINT against Housing and Urban Development filed by Harold L. Phelan. (Filing fee $400; Receipt number 0539-10570544) Clerk to issue summons(es) for federal defendant(s). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Cover Sheet) (Mayfield, Kimberly) (Entered: 01/26/2020)
2020-01-262CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Harold L. Phelan. (Mayfield, Kimberly) (Entered: 01/26/2020)
2020-01-283New Case Notes: A filing fee has been paid. File to: Judge O Connor. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (wxc) (Entered: 01/28/2020)
2020-01-284Summons issued as to U.S. Department of Housing and Urban Development, U.S. Attorney, and U.S. Attorney General. (wxc) (Entered: 01/28/2020)
2020-02-175Summons Returned Executed; U.S. Department of Housing and Urban Development served on 02/10/2020; U.S. Attorney served on 01/31/2020; U.S. Attorney General served on 02/11/2020. (Mayfield, Kimberly) Modified docket text on 2/18/2020 (pef). (Entered: 02/17/2020)
2020-02-266NOTICE of Related Case re: 1 Complaint,,,, filed by Harold L. Phelan (Mayfield, Kimberly) (Entered: 02/26/2020)
2020-03-027ANSWER to 1 Complaint,,,, filed by U.S. Department of Housing and Urban Development. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice.Attorney Tami C Parker-DOJ added to party U.S. Department of Housing and Urban Development(pty:dft) (Parker-DOJ, Tami) (Entered: 03/02/2020)
2020-03-028CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by U.S. Department of Housing and Urban Development. (Parker-DOJ, Tami) (Entered: 03/02/2020)
2020-03-059ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: Report Regarding Contents of Scheduling Order due by 4/2/2020. (Ordered by Judge Reed C. O'Connor on 3/5/2020) (chmb) (Entered: 03/06/2020)
2020-03-3010Joint STATUS REPORT Regarding Contents of Scheduling Order filed by Harold L. Phelan. (Mayfield, Kimberly) (Entered: 03/30/2020)
2020-03-3111SCHEDULING ORDER: Before the Court is the Parties' Joint Report Regarding Contents of Scheduling Order (Joint Report) (ECF No. 10 ), filed March 30, 2020. After considering the contents of the Joint Report, the Court ORDERS that: 1. The Vaughn index shall be produced on or before May 29, 2020; 2. Any request to amend the pleadings must be filed within thirty days of the date Defendant files a Vaughn index; and 3. Any dispositive motion must be filed within ninety days of the date Defendant files a Vaughn index. (Ordered by Judge Reed C. O'Connor on 3/31/2020) (pef) (Entered: 03/31/2020)
2020-03-3112Unopposed MOTION to Consolidate Cases filed by Harold L. Phelan (Attachments: # 1 Proposed Order) (Mayfield, Kimberly) (Entered: 03/31/2020)
2020-03-3113Brief/Memorandum in Support filed by Harold L. Phelan re 12 Unopposed MOTION to Consolidate Cases (Mayfield, Kimberly) (Entered: 03/31/2020)
2020-03-3114Appendix in Support filed by Harold L. Phelan re 13 Brief/Memorandum in Support of Motion (Mayfield, Kimberly) (Entered: 03/31/2020)
2020-04-0215ORDER CONSOLIDATING CASES: Member case(s) 4:20-cv-64-O consolidated with lead case 4:19-cv-677-O. Member case administratively closed following consolidation. Further docketing should be in lead case 4:19-cv-677-O. (Ordered by Judge Reed C. O'Connor on 4/2/2020) (wxc) (Entered: 04/02/2020)
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by FOIA Project Staff
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