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Case TitleCottrell v. DeVillers et al
DistrictSouthern District of Ohio
CityColumbus
Case Number2:2020cv05354
Date Filed2020-10-12
Date Closed2022-06-29
JudgeChief Judge Algenon L. Marbley
PlaintiffJeffrey D Cottrell
Case DescriptionJeffrey Cottrell filed suit against the Department of Agriculture and the Department of Justice to force them to respond to FOIA requests he had submitted about his farming operation. After the agencies failed to respond, Cottrell filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDavid M DeVillers
DefendantSonny Perdue
DefendantAttorney General William P. Barr
DefendantAssistant Attorney General for Administration
Documents
Docket
Complaint
Opinion/Order [26]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-10-121COMPLAINT with JURY DEMAND against William P. Barr, David M DeVillers, Sonny Perdue ( Filing fee $ 400 paid - receipt number: 0648-7700711), filed by Jeffrey D Cottrell. (Kahrl, Clyde) (Entered: 10/12/2020)
2021-01-132ORDER TO SHOW CAUSE: Plaintiff is ORDERED TO SHOW CAUSE WITHIN FOURTEEN (14) DAYS OF THE DATE OF THIS ORDER, why the action should not be dismissed and why an extension of time to effect service should be allowed. The good cause showing should be supported with sworn affidavits. Signed by Magistrate Judge Elizabeth Preston Deavers on 1/13/2021. (er) (Entered: 01/13/2021)
2021-01-263REQUEST for Issuance of Summons. (Kahrl, Clyde) (Entered: 01/26/2021)
2021-01-264REQUEST for Issuance of Summons. (Kahrl, Clyde) (Entered: 01/26/2021)
2021-01-265REQUEST for Issuance of Summons. (Kahrl, Clyde) (Entered: 01/26/2021)
2021-01-266REQUEST for Issuance of Summons. (Kahrl, Clyde) (Entered: 01/26/2021)
2021-01-277AMENDED DOCUMENT by Plaintiff Jeffrey D Cottrell. . (Attachments: # 1 Civil Cover Sheet) (Kahrl, Clyde) (Entered: 01/27/2021)
2021-01-278First MOTION for Extension of Time New date requested 4/27/2021. by Plaintiff Jeffrey D Cottrell. (Attachments: # 1 Affidavit) (Kahrl, Clyde) (Entered: 01/27/2021)
2021-01-289ORDER granting 8 Motion for Extension of Time in that Plaintiff must effect service over Defendants within NINETY (90) DAYS OF THE DATE OF THIS ORDER. Signed by Magistrate Judge Elizabeth Preston Deavers on 1/28/2021. (er) (Entered: 01/28/2021)
2021-01-29Notice of Correction: The Clerk mistakenly entered answer due dates for defendants that haven't been served yet. Those dates have been removed. (er) (Entered: 01/29/2021)
2021-01-2910Summons Issued as to Assistant Attorney General for Administration, William P. Barr, David M DeVillers, and Sonny Perdue. (daf) (Entered: 01/29/2021)
2021-04-2911MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to Serve ( Responses due by 5/20/2021) by Defendants Assistant Attorney General for Administration, William P. Barr, David M DeVillers, Sonny Perdue. (Wolfe, Leah) (Entered: 04/29/2021)
2021-05-2012RESPONSE in Opposition re 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to Serve filed by Plaintiff Jeffrey D Cottrell. (Kahrl, Clyde) (Entered: 05/20/2021)
2021-06-0313REPLY to Response to Motion re 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to Serve filed by Defendants Assistant Attorney General for Administration, William P. Barr, David M DeVillers, Sonny Perdue. (Wolfe, Leah) (Entered: 06/03/2021)
2021-06-0714SUMMONS Returned Executed as to Defendant David M DeVillers. David M DeVillers served on 5/24/2021, answer due 7/23/2021. (Kahrl, Clyde) (Entered: 06/07/2021)
2021-06-0715SUMMONS Returned Executed as to Defendant Assistant Attorney General for Administration. Assistant Attorney General for Administration served on 5/25/2021, answer due 7/26/2021. (Kahrl, Clyde) (Entered: 06/07/2021)
2021-06-0716SUMMONS Returned Executed as to Defendant William P. Barr. William P. Barr served on 5/25/2021, answer due 7/26/2021. (Kahrl, Clyde) (Entered: 06/07/2021)
2021-06-0717Summons Returned Unexecuted by Jeffrey D Cottrell as to Sonny Perdue. (Kahrl, Clyde) (Entered: 06/07/2021)
2022-02-2418ORDER OF RECUSAL. Judge Edmund A. Sargus recused. Case reassigned to Chief Judge Algenon L. Marbley for all further proceedings. Signed by Judge Edmund A. Sargus on 2/24/2022. (cmw) (Entered: 02/24/2022)
2022-02-2519NOTICE of Substitution of Counsel - John J. Stark substituting for Leah M. Wolfe as to Defendants Assistant Attorney General for Administration, William P. Barr, David M DeVillers, Sonny Perdue. (Stark, John) (Entered: 02/25/2022)
2022-03-0820NOTICE of Hearing:Preliminary Pretrial Conference set for 4/5/2022 10:30 AM in Teleconference before Magistrate Judge Elizabeth Preston Deavers. (sln) (Entered: 03/08/2022)
2022-03-1521MOTION to Vacate 20 Notice of Hearing and Associated Rule 26(f) Reporting by Defendants Assistant Attorney General for Administration, William P. Barr, David M DeVillers, Sonny Perdue. (Stark, John) (Entered: 03/15/2022)
2022-03-1622ORDER - re 21 MOTION to Vacate the Preliminary Pretrial Conference; 20 Notice of Hearing and Associated Rule 26(f) Reporting . The default briefing schedule shall not apply. Plaintiff is DIRECTED to file an expedited response to the motion on or before March 23, 2022. No reply shall be filed unless ordered by the Court. Signed by Magistrate Judge Elizabeth Preston Deavers on March 16, 2022. (jlk) Modified text on 3/16/2022 (jlk). (Entered: 03/16/2022)
2022-03-2323RESPONSE in Opposition re 21 MOTION to Vacate 20 Notice of Hearing and Associated Rule 26(f) Reporting filed by Plaintiff Jeffrey D Cottrell. (Kahrl, Clyde) (Entered: 03/23/2022)
2022-03-2324Supplemental Memorandum Opposing re 21 MOTION to Vacate 20 Notice of Hearing and Associated Rule 26(f) Reporting filed by Plaintiff Jeffrey D Cottrell. (Kahrl, Clyde) (Entered: 03/23/2022)
2022-03-2425ORDER granting 21 MOTION to Vacate 20 Notice of Hearing and Associated Rule 26(f) Reporting . The Preliminary Pretrial Conference scheduled for April 5, 2022, is hereby VACATED. It will be rescheduled, as necessary, following the Courts ruling on Defendants Motion to Dismiss. Signed by Magistrate Judge Elizabeth Preston Deavers on March 24, 2022. (jlk) (Entered: 03/24/2022)
2022-06-2926OPINION and ORDER issued in that the Court DENIES Defendants' Motion to Dismisspursuant to 12(b)(1); GRANTS Defendants' Motion to Dismiss pursuant to 12(b)(5); DENIES as MOOT WITHOUT PREJUDICE Defendants' Motion to Dismiss pursuant to 12(b)(6). This case is DISMISSED WITHOUT PREJUDICE. Signed by Chief Judge Algenon L. Marbley on 6/29/22. (sem) (Entered: 06/29/2022)
2022-06-2927JUDGMENT entered pursuant to the Opinion and Order signed by Chief Judge Algenon L. Marbley on 6/29/22. (sem) (Entered: 06/29/2022)
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