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Case TitleScoville v. US Department of State
DistrictEastern District of Wisconsin
CityMilwaukee
Case Number2:2022cv00091
Date Filed2022-01-25
Date ClosedOpen
JudgeMagistrate Judge Nancy Joseph
PlaintiffRyan Scoville
Case DescriptionRyan Scoville, a law professor at Marquette University Law School, submitted a FOIA request to the Department of State for records concerning reports to Congress regarding defense articles, a term that includes military equipment. Scoville also requested a fee waiver. The agency acknowledged receipt of the request. Scoville ultimately filed an administrative appeal challenging the agency's inability to respond on time. The agency rejected the appeal because no adverse action had been taken yet. Scoville then filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees, Public Interest Fee Waiver

DefendantUS Department of State
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-01-251COMPLAINT against U.S. Department of State by Ryan Scoville. ( Filing Fee PAID $402 receipt number AWIEDC-4025016) (Attachments: # 1 Exhibit A -FOIA Request, # 2 Exhibit B - March 24, 2020 Email, # 3 Exhibit C - February 22, 2021 Email Chain, # 4 Exhibit D - March 31, 2021 Appeal, # 5 Exhibit E - March 31, 2021 Response, # 6 Exhibit F - May 19, 2017 Complaint, # 7 Exhibit G - July 3, 2019 Complaint, # 8 Exhibit H - August 16, 2021 Request, # 9 Summons, # 10 Civil Cover Sheet)(Williamson, Brady)
2022-01-252DISCLOSURE Statement by Ryan Scoville. (Williamson, Brady)
2022-01-25NOTICE Regarding assignment of this matter to Magistrate Judge Nancy Joseph; Consent/refusal forms for Magistrate Judge Joseph to be filed within 21 days; the consent/refusal form is available here. (jcl)
2022-01-25Summons Issued as to US Department of State. (asc)
2022-02-143Magistrate Judge Jurisdiction Form filed by Ryan Scoville. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Williamson, Brady)
2022-02-144Return of Service of Complaint by Certified Mail by Ryan Scoville served upon U.S. Department of State on February 4, 2022 (Williamson, Brady)
2022-02-285NOTICE of Appearance by Lisa Yun on behalf of US Department of State. Attorney(s) appearing: Lisa Yun (Yun, Lisa)
2022-02-286Rule 7(h) Expedited Non-Dispositive MOTION for Extension of Time to Answer or Otherwise Plead by US Department of State. (Yun, Lisa)
2022-03-017NOTICE of Appearance by Christian R Larsen on behalf of US Department of State. Attorney(s) appearing: Chris R. Larsen (Larsen, Christian)
2022-03-01NOTICE from the clerk to DEFENDANT requesting that the Consent/Refusal form to Magistrate Judge Nancy Joseph be filed within 21 days; the form is available here . (asc)
2022-03-078RESPONSE to Motion filed by Ryan Scoville re 6 Rule 7(h) Expedited Non-Dispositive MOTION for Extension of Time to Answer or Otherwise Plead - Response to Defendant's Motion for Extension and Request for Rule 16 Conference . (Williamson, Brady)
2022-03-08TEXT ONLY ORDER signed by Magistrate Judge Nancy Joseph on 3/8/2022 granting 6 Motion for Extension of Time. Defendant has until April 1, 2022 to answer. (cc: all counsel)(llc)
2022-03-08Set/Reset Deadlines: US Department of State answer due 4/1/2022. (llc)
2022-03-119NOTICE of Appearance by Carol Federighi on behalf of US Department of State. Attorney(s) appearing: Carol Federighi (Federighi, Carol)
2022-03-1110Magistrate Judge Jurisdiction Form filed by US Department of State. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Federighi, Carol)
2022-03-14Consent to Magistrate Judge Jurisdiction (asc)
2022-03-2811Rule 7(h) Expedited Non-Dispositive MOTION for Extension of Time to File Answer (Unopposed) by All Defendants. (Attachments: # 1 Text of Proposed Order)(Federighi, Carol)
2022-03-28TEXT ONLY ORDER signed by Magistrate Judge Nancy Joseph on 3/28/2022 granting 11 Motion for Extension of Time to Answer. US Department of State answer due 4/8/2022. (cc: all counsel)(llc)
2022-04-0812Partial MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by US Department of State. (Attachments: # 1 Copies of Unpublished Authorities)(Federighi, Carol) Modified on 4/28/2022 (asc).
2022-04-0813BRIEF in Support filed by US Department of State re 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Federighi, Carol)
2022-04-11NOTICE of Hearing: Status Conference set for 4/29/2022 at 9:30 AM via Zoom Video Conference before Magistrate Judge Nancy Joseph. (cc: all counsel)(asc)
2022-04-2714Rule 7(h) Expedited Non-Dispositive MOTION for Extension of Time to Respond to Defendant's Motion - Unopposed by Ryan Scoville. (Williamson, Brady)
2022-04-27TEXT ONLY ORDER signed by Magistrate Judge Nancy Joseph on 4/27/2022 granting 14 Motion for Extension of Time. (cc: all counsel)(llc)
2022-04-27ZOOM INFORMATION for Status Conference set for 4/29/2022 at 9:30 AM before Magistrate Judge Nancy Joseph. Click here to Join ZoomGov Meeting Meeting ID: 160 927 7592 and Password: 097092 Dial in: +1-669-254-5252 or +1-646-828-7666 (cc: all counsel) (asc)
2022-05-0215Minute Entry for Status Conference held on 5/2/2022 before Magistrate Judge Nancy Joseph: The court speaks with parties re background of case, and scheduling matters. (Court Reporter Zoom Audio) (asc)
2022-05-1116NOTICE of Appearance by Stephen Stich on behalf of Ryan Scoville. Attorney(s) appearing: Stephen Stich (Stich, Stephen)
2022-05-2017BRIEF in Opposition filed by Ryan Scoville re 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Williamson, Brady)
2022-05-2018ATTACHMENTS - Copies of Unpublished Authorities by Ryan Scoville re 17 Brief in Opposition to Motion. (Williamson, Brady)
2022-06-0319REPLY BRIEF in Support filed by US Department of State re 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Federighi, Carol)
2022-06-0320ATTACHMENTS (Copy of Unpublished Authority) by US Department of State re 19 Reply Brief in Support of Motion. (Federighi, Carol)
2022-08-2321DECISION AND ORDER signed by Magistrate Judge Nancy Joseph on 8/23/2022 denying 12 Partial Motion to Dismiss for Failure to State a Claim. (cc: all counsel)(llc)
2022-08-2422NOTICE of Hearing: Rule 16 Scheduling Conference set for 9/29/2022 10:30 AM by Zoom Video Conference before Magistrate Judge Nancy Joseph. Rule 26(f) Report due by 9/23/2022. (cc: all counsel)(edr)
2022-08-25ZOOM INFORMATION for Rule 16 Scheduling Conference set for 9/29/2022 at 10:30 am before Magistrate Judge Nancy Joseph. Click here to Join ZoomGov Meeting <br Meeting ID: 161 496 6979 and Password: 489903 Dial in: +1-669-254-5252 or +1-646 828-7666 (cc: all counsel) (edr)
2022-09-0623ANSWER to 1 Complaint,, by US Department of State.(Federighi, Carol)
2022-09-2124Unopposed MOTION for Leave to Appear Law Students Arjun Malik and Hannah Vester by Ryan Scoville. (Stich, Stephen)
2022-09-2225ORDER signed by Magistrate Judge Nancy Joseph on 9/22/2022 granting 24 Motion for Leave to Appear for law students Arjun Malik and Hannah Vester. (cc: all counsel)(llc)
2022-09-2326REPORT of Rule 26(f) Plan by Ryan Scoville. (Williamson, Brady)
2022-09-2927Minute Entry for Rule 16 Scheduling Conference held before Magistrate Judge Nancy Joseph on 9/29/2022. Parties discussed scheduling deadlines. Court adopted proposed deadlines as stated on the record. (Court Reporter Zoom Audio) (rcm)
2022-09-2928SCHEDULING ORDER signed by Magistrate Judge Nancy Joseph on 9/29/2022. Rule 26(a) Disclosures to be exchanged by 10/7/2022, Fact Discovery by 4/24/2023, Disclosure of Witness Designations and Reports by 6/26/2023, Expert Witness Discovery by 8/28/2023, Summary Judgment Motions by Plaintiff by 9/18/2023, Defendant Summary Judgment Cross-motions by 10/16/2023. (cc: all counsel)(rcm)
2022-12-1929NOTICE of Appearance by Rachel Elizabeth Davidson on behalf of Ryan Scoville. Attorney(s) appearing: Rachel Davidson (Davidson, Rachel)
2022-12-2130NOTICE of Withdrawal by Stephen Stich on behalf of Ryan Scoville.Attorney Stephen Stich to be termed. (Stich, Stephen)
2022-12-21Attorney Stephen Stich terminated. (rcm) (Entered: 12/22/2022)
2023-02-0931Joint MOTION for Protective Order by US Department of State. (Attachments: # 1 [Proposed] Protective Order)(Federighi, Carol)
2023-02-0932ORDER signed by Magistrate Judge Nancy Joseph on 2/9/2023 granting 31 Motion for Protective Order. (cc: all counsel)(llc)
2023-04-1333Rule 7(h) Expedited Non-Dispositive MOTION for Extension of Time - Motion to Amend Scheduling Order by Ryan Scoville. (Williamson, Brady)
2023-04-14TEXT ONLY ORDER signed by Magistrate Judge Nancy Joseph on 4/14/2023 granting 33 Motion to Amend Scheduling Order. Deadlines are amended as stated in stipulated motion. (cc: all counsel)(llc)
2023-08-0334LETTER from Parties Regarding Discovery Status . (Federighi, Carol)
2023-08-07NOTICE of Hearing: Status Conference set for 10/19/2023 at 9:30 AM by Zoom Video Conference before Magistrate Judge Nancy Joseph. (cc: all counsel)(edr)
2023-08-07ZOOM INFORMATION for Status Conferece set for 10/19/2023 at 9:30 AM before Magistrate Judge Nancy Joseph. Click here to Join ZoomGov Meeting Meeting ID: 161 277 9571 and Password: 897830 Dial in: +1-669-254-5252 or +1-646-828-7666 (cc: all counsel) (edr)
2023-08-0935NOTICE of Appearance by Tobin Raju on behalf of Ryan Scoville. Attorney(s) appearing: Tobin Raju (Raju, Tobin)
2023-08-1036NOTICE of Withdrawal by Rachel Elizabeth Davidson on behalf of Ryan Scoville.Attorney Rachel Davidson to be termed. (Davidson, Rachel)
2023-08-10Attorney Rachel Elizabeth Davidson terminated. (edr) (Entered: 08/11/2023)
2023-10-1637Consent MOTION for Leave to Appear Law Student Dorrin Akbari by Ryan Scoville. (Attachments: # 1 Exhibit A - Certificate of Good Standing (D. Akbari))(Raju, Tobin)
2023-10-1838ORDER signed by Magistrate Judge Nancy Joseph on 10/18/2023 granting 37 Motion for Leave to Appear by Law Student Dorrin Akbari under Student Practice Rule. (cc: all counsel)(llc)
2023-10-1939Minute Entry for Status Conference held before Magistrate Judge Nancy Joseph on 10/19/2023: Parties discussed status of discovery. Parties to file a proposed schedule by 11/3/2023. (Court Reporter Zoom Audio) (rcm)
2023-11-0340Rule 7(h) Expedited Non-Dispositive MOTION for Extension of Time - Joint Motion for Entry of Amended Scheduling Order by Ryan Scoville. (Raju, Tobin)
2023-11-06TEXT ONLY ORDER signed by Magistrate Judge Nancy Joseph on 11/6/2023 granting 40 Motion for Extension of Time. (cc: all counsel)(llc)
2023-11-0641AMENDED SCHEDULING ORDER signed by Magistrate Judge Nancy Joseph on 11/6/2023. Deadline to serve written discovery requests: March 22, 2024. Deadline to complete fact discovery: May 3, 2024. Deadline to disclose expert witness designations: May 10, 2024. Deadline for experts to exchange reports: June 14, 2024. Deadline to disclose any rebuttal expert designations and exchange rebuttal reports: July 19,2024. Deadline to complete expert discovery: August 16, 2024. Deadline to file any Daubert motions: September 27, 2024. Plaintiffs motion for summary judgment due: September 27, 2024. Deadline for any responses to Daubert motions: November 8, 2024. Defendants cross motion for summary judgment and opposition to plaintiffs motion forsummary judgment due: November 8, 2024. Deadline for any replies in further support of Daubert motions: December 6, 2024. Plaintiffs reply in support of motion for summary judgment and opposition to defendantscross-motion for summary judgment: December 6, 2024. Defendants reply in support of motion for summary judgment and opposition to plaintiffscross-motion for summary judgment: January 10, 2025. (cc: all counsel)(rcm)
2024-02-1242NOTICE of Appearance by Christopher Marisak Lynch on behalf of All Defendants. Attorney(s) appearing: Christopher M. Lynch (Lynch, Christopher)
2024-03-1243Rule 7(h) Expedited Non-Dispositive MOTION to Compel Defendant to Comply with Notice of 30(b)(6) Deposition by Ryan Scoville. (Attachments: # 1 Declaration of Tobin Raju in support of Expedited Motion to Compel, # 2 Exhibit 1 - 30(b)(6) Deposition Notice, # 3 Exhibit 2 - Summary of Oct. 19, 2023 meet and confer, # 4 Exhibit 3 - November 16, 2023 email re 30(b)(6) notice, # 5 Exhibit 4 - Summary of November 6, 2023 meet and confer, # 6 Exhibit 5 - February 15, 2024 email, # 7 Exhibit 6 - Summary of February 23, 2024 meet and confer, # 8 Exhibit 7 - March 1, 2024 email, # 9 Exhibit 8 - Summary of March 7, 2025 meet and confer, # 10 Exhibit 9 - States Responses to Plaintiffs First Set of Requests for Production, # 11 Exhibit 10 - State's Responses to Second Set of Requests for Production, # 12 Exhibit 11 - State's Responses to First Set of Interrogatories, # 13 Exhibit 12 - State's Responses to First Set of Interrogatories)(Raju, Tobin)
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by FOIA Project Staff
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