Date Filed | Doc # | Docket Text |
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2021-09-24 | 1 | COMPLAINT for Declaratory and Injunctive Relief against The Federal Bureau of Investigation filed by Richard Luthmann. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Civil Cover Sheet)(jmc) (Additional attachment(s) added on 9/28/2021: # 10 Mailing Envelope) (jmc). (Entered: 09/27/2021) |
2021-09-24 | 2 | MOTION to Proceed In Forma Pauperis / Affidavit of Indigency by Richard Luthmann. (jmc) Motions referred to Magistrate Judge Nicholas P. Mizell. (Entered: 09/27/2021) |
2021-09-24 | 3 | DECLARATION in support of 2 MOTION to Proceed In Forma Pauperis by Richard Luthmann. (Attachments: # 1 Exhibit A)(jmc) (Entered: 09/27/2021) |
2021-09-24 | 4 | PROPOSED summons to be issued by Richard Luthmann. (jmc) (Entered: 09/27/2021) |
2021-09-28 | 5 | CIVIL Action Order, Signed by All Divisional Judges on 9/28/2021. (jmc) (Entered: 09/28/2021) |
2021-09-28 | 6 | NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (jmc) (Entered: 09/28/2021) |
2021-10-01 | 7 | ORDER granting 2 Motion to Proceed In Forma Pauperis. See Order for details. Signed by Magistrate Judge Nicholas P. Mizell on 10/1/2021. (SM) (Entered: 10/01/2021) |
2021-10-15 | 8 | DECLARATION of MAILING by Richard Luthmann. (jmc) (Additional attachment(s) added on 10/19/2021: # 1 Mailing Envelope) (jmc). (Entered: 10/19/2021) |
2021-10-15 | 9 | SUMMONS issued as to The Federal Bureau of Investigation by Richard Luthmann. (jmc) (Entered: 10/19/2021) |
2022-01-10 | 10 | ORDER directing the United States Marshal is directed to expeditiously effect service of process and file proof same no later than January 31, 2022. The Clerk will send copies as directed. See Order for details. Signed by Magistrate Judge Nicholas P. Mizell on 1/10/2022. (SM) (Entered: 01/10/2022) |
2022-01-19 | 11 | Motion for Miscellaneous Relief, specifically for NOTICE of inquiry by Richard Luthmann (Attachments: # 1 Mailing Envelope)(jmc) Modified on 1/19/2022 to change to a motion per lc/sm (jmc). (Entered: 01/19/2022) |
2022-01-20 | 12 | ORDER denying as moot 11 letter request by Plaintiff. See order for details. Signed by Magistrate Judge Nicholas P. Mizell on 1/20/2022. (SM) (Entered: 01/20/2022) |
2022-01-21 | 13 | PROOF of service / USM Form by Richard Luthmann as to The Federal Bureau of Investigation served by US Mail (Completed by USM / Tracking Number 7020 0640 0000 5876 1163.) (SPB) (Entered: 01/25/2022) |
2022-01-25 | 14 | LETTER / NOTICE of Process Receipt and Return by Richard Luthmann (Attachments: # 1 Envelope from USDOJ, # 2 Return, # 3 Mailing Envelope)(jmc) Modified on 1/26/2022, to add docket text. (SPB). (Entered: 01/25/2022) |
2022-01-25 | 15 | USM-285 RETURN of service executed on 10/29/2021 by Richard Luthmann as to The Federal Bureau of Investigation. (jmc) (Entered: 01/25/2022) |
2022-02-01 | 16 | USM-285 RETURN of service executed on 01/26/2022 by Richard Luthmann as to United States Attorneys Office.(JK) (Entered: 02/03/2022) |
2022-02-07 | 17 | PROOF of service / USM Form by Richard Luthmann as to United States Attorney General served by US Mail (Completed by USM / Tracking Number 70200640000058779380.) (SPB) (Entered: 02/07/2022) |
2022-02-25 | 18 | ANSWER to 1 Complaint for Declaratory and Injunctive Relief by The Federal Bureau of Investigation.(Spraker, Chad) (Entered: 02/25/2022) |
2022-02-28 | 19 | NOTICE of hearing: Preliminary Pretrial Conference set for 4/26/2022 at 10:30 AM in Ft. Myers Courtroom 4 E before Magistrate Judge Nicholas P. Mizell. Parties shall file a Case Management Report by 4/7/2022. (WRW) (Entered: 02/28/2022) |
2022-03-11 | 20 | NOTICE of Lead Counsel Designation by Chad C. Spraker on behalf of The Federal Bureau of Investigation. Lead Counsel: Chad C. Spraker. (Spraker, Chad) (Entered: 03/11/2022) |
2022-03-11 | 21 | NOTICE of a related action per Local Rule 1.07(c) by The Federal Bureau of Investigation. Related case(s): Yes (Spraker, Chad) (Entered: 03/11/2022) |
2022-03-11 | 22 | CERTIFICATE of interested persons and corporate disclosure statement by The Federal Bureau of Investigation. (Spraker, Chad) (Entered: 03/11/2022) |
2022-04-07 | 23 | CASE MANAGEMENT REPORT. (Attachments: # 1 Exhibit 1)(Spraker, Chad) (Entered: 04/07/2022) |
2022-04-08 | 24 | CERTIFICATE of interested persons and corporate disclosure statement by Richard Luthmann. (Attachments: # 1 Mailing Envelope)(JK) (Entered: 04/11/2022) |
2022-04-08 | 25 | NOTICE of a related action per Local Rule 1.07(c) by Richard Luthmann. Related case(s): Yes (Attachments: # 1 Main Document)(JK) (Entered: 04/11/2022) |
2022-04-26 | 26 | Minute Entry. In Person Proceedings held before Magistrate Judge Nicholas P. Mizell: PRELIMINARY PRETRIAL CONFERENCE held on 4/26/2022. (DIGITAL) (WRW) (Entered: 04/26/2022) |
2022-04-27 | 27 | FOIA CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 6/3/2022, Completion of FOIA Rolling Review 4/28/2023, Vaughn Index and Dispositive Motions 6/16/2023, Pretrial statement due by 1/12/2024, All other motions due by 1/8/2024, Final Pretrial Conference set for 1/26/2024 at 09:30 AM before Judge John E. Steele, Bench Trial term 2/5/2024 before Judge John E. Steele. Signed by Magistrate Judge Nicholas P. Mizell on 4/27/2022. (WRW) (Entered: 04/27/2022) |
2022-05-23 | 29 | MOTION to Amend 1 Complaint by Richard Luthmann. (Attachments: # 1 Declaration, # 2 Proposed First Amended Complaint w/ Exhibits, # 3 Certificate of Service)(SPB) Motions referred to Magistrate Judge Nicholas P. Mizell. (Additional attachment(s) added on 5/25/2022: # 4 Mailing Envelope) (SPB). (Entered: 05/25/2022) |
2022-06-03 | 30 | Unopposed MOTION for Extension of Time to File Response/Reply as to 29 MOTION to Amend 1 Complaint by The Federal Bureau of Investigation. (Spraker, Chad) Motions referred to Magistrate Judge Nicholas P. Mizell. (Entered: 06/03/2022) |
2022-06-03 | 31 | ENDORSED ORDER granting 30 defendant's unopposed motion for an extension of time to file a response. By June 10, 2022, defendant will respond to plaintiff's motion to amend complaint (Doc. 29 ). Signed by Magistrate Judge Nicholas P. Mizell on 6/3/2022. (SM) (Entered: 06/03/2022) |
2022-06-10 | 32 | RESPONSE to Motion re 29 MOTION to Amend 1 Complaint and Waive FOIA fees filed by The Federal Bureau of Investigation. (Attachments: # 1 Exhibit Indictment, # 2 Exhibit U.S. Sentencing Letter, # 3 Exhibit Judgment, # 4 Exhibit Seidel Decl.)(Spraker, Chad) (Entered: 06/10/2022) |
2022-06-17 | 33 | ORDER granting in part and denying in part 29 plaintiff's construed motion for leave to amend the complaint and for waiver of fees. The Clerk of Court is directed to file the amended complaint (Doc. 29-2, pp. 2-10) and the exhibits as separate attachments. See order for details. Signed by Magistrate Judge Nicholas P. Mizell on 6/17/2022. (SM) (Entered: 06/17/2022) |
2022-06-17 | 34 | AMENDED COMPLAINT against The Federal Bureau of Investigation, United States Department of Justice filed by Richard Luthmann. Related document: 1 Complaint, filed by Richard Luthmann. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(SPB) (Entered: 06/21/2022) |
2022-06-30 | 35 | PROPOSED summons to be issued per 33 Order by Richard Luthmann. (Attachments: # 1 Mailing Envelope)(JK) (Entered: 06/30/2022) |
2022-06-30 | 36 | SUMMONS issued as to United States Department of Justice. (JK) (Entered: 06/30/2022) |
2022-07-05 | 37 | ANSWER to 34 Amended Complaint, by The Federal Bureau of Investigation.(Spraker, Chad) (Entered: 07/05/2022) |
2022-08-01 | 38 | USM -285 / PROOF of service as to The United States Department of Justice served by U.S. Mail on 7/18/2022 by Richard Luthmann. (SPB) (Entered: 08/03/2022) |
2022-10-31 | 39 | NOTICE of hearing: Status Conference set for 11/8/2022 at 11:00 AM in Ft. Myers Courtroom 5 C before Magistrate Judge Nicholas P. Mizell (WRW) (Entered: 10/31/2022) |
2022-11-01 | 40 | NOTICE of Appearance by Kevin Huguelet on behalf of United States Department of Justice (Huguelet, Kevin) (Entered: 11/01/2022) |
2022-11-09 | 41 | Minute Entry. In Person Proceedings held before Magistrate Judge Nicholas P. Mizell: STATUS CONFERENCE held on 11/8/2022. (WRW) (Entered: 11/09/2022) |
2023-03-14 | 42 | Motion for Status Conference by All Defendants. (Attachments: # 1 Exhibit FOIA Production Cover Letters)(Spraker, Chad) Motions referred to Magistrate Judge Nicholas P. Mizell. (Entered: 03/14/2023) |
2023-03-14 | 44 | MOTION for Extension of Time to Pay the defendants for their document production by Richard Luthmann. (Attachments: # 1 Certificate of Service)(SMG) Motions referred to Magistrate Judge Nicholas P. Mizell. (Entered: 03/16/2023) |
2023-03-14 | 45 | DECLARATION in support re 44 Motion for Extension of Time to Pay filed by Richard Luthmann. (Attachments: # 1 Exhibit A - Letter dated 3/2/2023, # 2 Exhibit B - Email to Kevin Huguelet dated 3/14/2023)(SMG) (Entered: 03/16/2023) |
2023-03-15 | 43 | NOTICE of Payment by Richard Luthmann. (SEH) (Entered: 03/15/2023) |
2023-03-17 | 46 | ENDORSED ORDER: Plaintiff has filed a notice of payment (Doc. 43 ), which presumably moots the government's motion for status conference (Doc. 42 ) and plaintiff's motion for extension of time to pay the government (Doc. 44 ). And given plaintiff has apparently paid the government, the court presumes the government has resumed production of FOIA documents. As such, these motions are denied as moot. The parties may otherwise renew their motions or seek other relief if necessary. Signed by Magistrate Judge Nicholas P. Mizell on 3/17/2023. (JMM) (Entered: 03/17/2023) |
2023-05-16 | 47 | Unopposed MOTION for Extension of Time to File Summary Judgment/Vaughn Index by All Defendants. (Huguelet, Kevin) Motions referred to Magistrate Judge Nicholas P. Mizell. (Entered: 05/16/2023) |
2023-05-19 | 48 | ENDORSED ORDER granting 47 defendants' unopposed motion to amend the scheduling order. The court will enter an amended FOIA case management and scheduling order separately. Signed by Magistrate Judge Nicholas P. Mizell on 5/19/2023. (JMM) (Entered: 05/19/2023) |
2023-05-22 | 49 | AMENDED FOIA CASE MANAGEMENT AND SCHEDULING ORDER: Dispositive motions due by 9/13/2024 Pretrial statement due by 3/15/2024 Final Pretrial Conference set for 3/29/2024 at 09:30 AM before Judge John E. Steele Jury Trial term 4/1/2024 at 09:00 AM before Judge John E. Steele Signed by Magistrate Judge Nicholas P. Mizell on 5/22/2023. (WRW) (Entered: 05/22/2023) |
2023-05-22 | 50 | SECOND AMENDED FOIA CASE MANAGEMENT AND SCHEDULING ORDER: Vaughn Index and Dispositive motions due by 9/14/2023, Pretrial statement due by 3/15/2024, All other motions due by 3/11/2024, Final Pretrial Conference set for 3/29/2024 at 09:30 AM before Judge John E. Steele, Jury Trial term 4/1/2024 at 09:00 AM before Judge John E. Steele Signed by Magistrate Judge Nicholas P. Mizell on 5/22/2023. (WRW) (Entered: 05/22/2023) |
2023-08-04 | | Set/reset deadlines/hearings: Bench Trial set for 4/1/2024 at 09:00 AM in Ft. Myers Courtroom 6 A before Judge John E. Steele. (WRW) (Entered: 08/04/2023) |
2023-08-04 | 51 | MOTION for Disclosure, Further Assurances, and a New Briefing Schedule by Richard Luthmann. (Attachments: # 1 Exhibit)(JK) Motions referred to Magistrate Judge Nicholas P. Mizell. (Entered: 08/07/2023) |
2023-08-07 | 52 | RESPONSE in Opposition re 51 MOTION for Disclosure filed by The Federal Bureau of Investigation, United States Department of Justice. (Huguelet, Kevin) (Entered: 08/07/2023) |
2023-08-09 | 53 | ORDER denying 51 plaintiff's motion to amend the scheduling order. See order for details. Signed by Magistrate Judge Nicholas P. Mizell on 8/9/2023. (JMM) (Entered: 08/09/2023) |
2023-08-16 | 54 | MOTION to Amend 50 Case Management Scheduling Order, MOTION for Extension of Time to File Motion for Summary Judgment by Richard Luthmann. (Attachments: # 1 Composite Exhibits)(JK) Motions referred to Magistrate Judge Nicholas P. Mizell. (Entered: 08/16/2023) |
2023-08-18 | 55 | ENDORSED ORDER granting 54 plaintiff's unopposed motion to amend the scheduling order. The court will enter a third amended scheduling order separately. Signed by Magistrate Judge Nicholas P. Mizell on 8/18/2023. (JMM) (Entered: 08/18/2023) |
2023-08-21 | 56 | THIRD AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Dispositive motions due by 11/3/2023, Pretrial statement due by 5/17/2024 Final Pretrial Conference set for 5/31/2024 at 09:30 AM before Judge John E. Steele, Jury Trial term 6/3/2024 at 09:00 AM before Judge John E. Steele Signed by Magistrate Judge Nicholas P. Mizell on 8/18/2023. (WRW) (Entered: 08/21/2023) |
2023-10-17 | 57 | Second MOTION for Extension of Time to File Dispositive Motions and Serve Vaughn Index by All Defendants. (Spraker, Chad) Motions referred to Magistrate Judge Nicholas P. Mizell. (Entered: 10/17/2023) |
2023-10-26 | 58 | ENDORSED ORDER granting 57 defendants' unopposed motion to amend the scheduling order. The court will enter a fourth amended case management and scheduling order separately. Signed by Magistrate Judge Nicholas P. Mizell on 10/26/2023. (JMM) (Entered: 10/26/2023) |
2023-10-30 | 59 | FOURTH AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Vaughan and Dispositive motions due by 2/1/2024; Pretrial statement and Trial Briefs due by 7/12/2024; Motions in Limine due by 7/8/2024; Final Pretrial Conference set for 7/26/2024 at 09:30 AM in Ft. Myers Courtroom 6 A before Judge John E. Steele; Jury Trial set for 8/5/2024 trial term in Ft. Myers Courtroom 6 A before Judge John E. Steele. Signed by Magistrate Judge Nicholas P. Mizell on 10/30/2023. (CGW) (Entered: 10/30/2023) |
2024-01-18 | 60 | NOTICE canceling Bench Trial scheduled for 4/1/2024. Bench Trial is currently set for 8/5/2024. (WRW) (Entered: 01/18/2024) |
2024-01-18 | 61 | NOTICE OF RESCHEDULING HEARING: The Jury Trial scheduled for 8/5/2024 is rescheduled to a Bench Trial. Bench Trial set for 8/5/2024 at 09:30 AM before Judge John E. Steele. (WRW) (Entered: 01/18/2024) |
2024-01-31 | 62 | Unopposed MOTION to File Excess Pages for Summary Judgment by All Defendants. (Huguelet, Kevin) (Entered: 01/31/2024) |
2024-02-01 | 63 | ENDORSED ORDER granting 62 defendants' unopposed motion to file excess pages. Defendants' motion for summary judgment, and plaintiff's response to same, must not exceed forty pages each. Signed by Magistrate Judge Nicholas P. Mizell on 2/1/2024. (JMM) (Entered: 02/01/2024) |
2024-02-01 | 64 | MOTION for Summary Judgment by All Defendants. (Attachments: # 1 Affidavit FBI Decl., # 2 Affidavit Commerce Decl., # 3 Affidavit ATF Decl., # 4 Affidavit EOUSA Decl., # 5 Affidavit CRM Decl., # 6 Appendix Vaughn Index, # 7 Exhibit Exhibits to FBI Decl.)(Huguelet, Kevin) (Entered: 02/01/2024) |
2024-03-07 | 65 | ORDER directing Luthmann to respond to Defendants' 64 MOTION for Summary Judgment . Response due by 3/21/2024. Signed by Judge John E. Steele on 3/7/2024. (FMB) (Entered: 03/07/2024) |
2024-05-15 | 66 | OPINION AND ORDER granting 64 Motion for Summary Judgment and judgment shall enter in favor of defendants on the First Amended Complaint and plaintiff shall take nothing. The Clerk shall enter judgment accordingly, terminate all pending motions and deadlines as moot, and close the file. Signed by Judge John E. Steele on 5/15/2024. (RKR) (Entered: 05/15/2024) |
2024-05-16 | 67 | (Entered in error incorrect PDF) JUDGMENT is entered in favor of defendants on the First Amended Complaint and plaintiff shall take nothing. Signed by Deputy Clerk on 5/16/2024. (AM) Modified text on 5/17/2024 (AM). (Entered: 05/16/2024) |
2024-05-16 | 68 | NOTICE of Local Rule 1.11(e), which provides that, unless an order states another time, a seal under Rule 1.11 expires ninety days after a case is closed and all appeals are exhausted. To prevent the content of a sealed item from appearing on the docket after the seal expires, a party or interested non-party must move for relief before the seal expires. (Signed by Deputy Clerk). (AM) (Entered: 05/16/2024) |
2024-05-17 | 69 | AMENDED JUDGMENT is entered in favor of defendants on the First Amended Complaint and plaintiff shall take nothing. Signed by Deputy Clerk on 5/17/2024. (Amended only as to case style and number.)(AM) (Entered: 05/17/2024) |
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