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Case TitleGonzalez v. U.S. Department of Agriculture
DistrictSouthern District of Florida
CityMiami
Case Number1:2022cv20312
Date Filed2022-01-29
Date ClosedOpen
JudgeJudge Beth Bloom
PlaintiffJoey D Gonzalez Ramos
Case DescriptionJoey Gonzalez Ramos, a former employee of the Agricultural Research Service, submitted a FOIA request to the Department of Agriculture for records concerning communications between himself and a number of other ARS employees. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Gonzalez Ramos filed suit,
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. Department of Agriculture
DefendantU.S. Department of Agriculture
Jamie L. Whitten Building
1400 Independence Avenue, S.W.
Washington, DC 20250
DefendantEmployees of the U.S. Department of Agriculture and The Department of Justice in their individual and personal capacity
DefendantVanessa Eisemann USDA Employee, in her individual and official capacity
DefendantVanessa Eisemann USDA Employee, in her individual and official capacity
TERMINATED: 04/13/2022
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [38]
Opinion/Order [40]
Opinion/Order [64]
Opinion/Order [65]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-01-291COMPLAINT against U.S. Department of Agriculture. Filing fees $ 402.00 receipt number BFLSDC-15358323, filed by Joey D Gonzalez. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Summon(s) Summons AG, # 3 Summon(s) Summons USAO, # 4 Summon(s) Summons USDA)(Gonzalez Ramos, Joey) (Entered: 01/29/2022)
2022-01-292Clerks Notice of Judge Assignment to Judge Beth Bloom. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (dj) (Entered: 01/31/2022)
2022-01-313Clerks Notice to Filer (Clerk's Notice Filed In Error - see DE 10) (dj) Modified text on 2/1/2022 (jc). (Entered: 01/31/2022)
2022-01-314Clerks Notice to Filer (Clerk's Notice Filed In Error - see DE 10) (dj) Modified text on 2/1/2022 (jc). (Entered: 01/31/2022)
2022-01-315Clerks Notice to Filer (Clerk's Notice Filed In Error - see DE 10) (dj) Modified text on 2/1/2022 (jc). (Entered: 01/31/2022)
2022-01-316Clerks Notice to Filer re: Electronic Case. Party(ies) Improperly Formatted. The Filer failed to enter the party name(s) in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (dj) (Entered: 01/31/2022)
2022-01-317NOTICE by Joey D Gonzalez Ramos re 4 Clerks Notice to Filer re: Electronic Case (Attachments: # 1 Exhibit A-Payment Confirmation Email) (Gonzalez Ramos, Joey) (Entered: 01/31/2022)
2022-01-318ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Signed by Judge Beth Bloom on 1/31/2022. See attached document for full details. (ebz) (Entered: 01/31/2022)
2022-01-319ORDER PROVIDING INSTRUCTIONS TO PRO SE LITIGANT. Signed by Judge Beth Bloom on 1/31/2022. See attached document for full details. (ebz) (Entered: 01/31/2022)
2022-02-0110Clerks Notice of Docket Correction re 5 Clerks Notice to Filer re: Summons(es), 4 Clerks Notice to Filer re: Filing Fee, 3 Clerks Receipt re: Non Receipt. Document(s) Filed in Error ; Document restricted and docket text modified. (jc) (Entered: 02/01/2022)
2022-02-0111Summons Issued as to U.S. Department of Agriculture, U.S. Attorney and U.S. Attorney General (jc) (Entered: 02/01/2022)
2022-03-0312ORDER TO FILE PROOF OF SERVICE. Within seven (7) days of perfecting service uponDefendants, Plaintiff shall file proof of such service with the Court. Failure to effectuate service of a summons and the complaint on Defendants by the stated deadline will result in dismissal without prejudice and without further notice. Signed by Judge Beth Bloom on 3/3/2022. See attached document for full details. (ebz) (Entered: 03/03/2022)
2022-03-0413First AMENDED COMPLAINT against U.S. Department of Agriculture, Unknown Employees of the U.S. Department of Agriculture and The Department of Justice, Vanessa Eisemann, filed by Joey D Gonzalez Ramos. (Attachments: # 1 Exhibit A - OIG email to Hillary Clark, # 2 Exhibit B - Text Messages Dang - Plaintiff, # 3 Exhibit C - Email Tucker distributing survey, # 4 Exhibit D - Emails Murphy - Eisemann)(Gonzalez Ramos, Joey) (Entered: 03/04/2022)
2022-03-0414SUMMONS (Affidavit) Returned Executed by Joey D Gonzalez Ramos. U.S. Department of Agriculture served on 2/8/2022, response/answer due 4/11/2022. (Attachments: # 1 Affidavit Affidavit of Service on the USA)(Gonzalez Ramos, Joey) (Entered: 03/04/2022)
2022-03-0415NOTICE by Joey D Gonzalez Ramos of summons to be issued (Gonzalez Ramos, Joey) (Entered: 03/04/2022)
2022-03-0716Summons Issued as to Vanessa Eisemann. (ebz) (Entered: 03/07/2022)
2022-03-1417Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 13 Amended Complaint/Amended Notice of Removal, by Vanessa Eisemann, U.S. Department of Agriculture. Attorney Carlos Javier Raurell added to party Vanessa Eisemann(pty:dft), Attorney Carlos Javier Raurell added to party U.S. Department of Agriculture(pty:dft). (Raurell, Carlos) (Entered: 03/14/2022)
2022-03-1418PAPERLESS ORDER granting ECF No. 17 Motion for Extension of Time to File. All named Defendants shall respond to Plaintiff's First Amended Complaint on or before May 9, 2022. Signed by Judge Beth Bloom (mk00) (Entered: 03/14/2022)
2022-03-14Set/Reset Response/Answer Due Deadline: Vanessa Eisemann response/answer due 5/9/2022; U.S. Department of Agriculture response/answer due 5/9/2022; Unknown Employees of the U.S. Department of Agriculture and The Department of Justice response/answer due 5/9/2022. Per DE# 18 Order. (ebz) (Entered: 03/14/2022)
2022-04-0419Joint SCHEDULING REPORT - Rule 16.1 by Joey D Gonzalez Ramos (Attachments: # 1 Exhibit A - ELECTION OF MAGISTRATE FOR FINAL DISPOSITION OF MOTIONS)(Gonzalez Ramos, Joey) (Entered: 04/04/2022)
2022-04-0520ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: (Amended Pleadings due by 6/6/2022., Discovery due by 12/13/2022., Fact Discovery due by 12/13/2022., Expert Discovery due by 12/13/2022., Joinder of Parties due by 6/6/2022., Mediation Deadline 12/27/2022., In Limine Motions due by 1/4/2023., Dispositive Motions due by 1/4/2023., Motions due by 1/4/2023., Pretrial Stipulation due by 3/27/2023., Jury Trial set for 4/10/2023 09:00 AM in Miami Division before Judge Beth Bloom., Calendar Call set for 4/4/2023 01:45 PM in Miami Division before Judge Beth Bloom), ORDER REFERRING CASE to Mediation. (Mediation Deadline 12/27/2022), ORDER REFERRING CASE to Magistrate Judge Alicia M. Otazo-Reyes for Discovery Matters. Signed by Judge Beth Bloom on 4/5/2022. See attached document for full details. (ebz) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 04/05/2022)
2022-04-0821ORDER TO FILE PROOF OF SERVICE re 16 Summons Issued. Accordingly, it is ORDERED AND ADJUDGED that Plaintiff shall file proof of service upon Defendant Vanessa Eisemann with the Court by no later than April 15, 2022. Signed by Judge Beth Bloom on 4/8/2022. See attached document for full details. (pc) (Entered: 04/11/2022)
2022-04-1322NOTICE of Voluntary Dismissal OF VANESSA EISEMANN AS A PARTY IN THIS ACTION by Joey D Gonzalez Ramos (Gonzalez Ramos, Joey) (Entered: 04/13/2022)
2022-04-1323Order of Dismissal Approving 22 Notice of Voluntary Dismissal; Dismissing without prejudice all Claims against Defendant Vanessa Eisemann. Signed by Judge Beth Bloom on 4/13/2022. See attached document for full details. (ls) (Entered: 04/13/2022)
2022-04-1824MOTION TO DISMISS 13 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction 13 Amended Complaint/Amended Notice of Removal, ( Responses due by 5/2/2022) by U.S. Department of Agriculture. (Attachments: # 1 Exhibit USDA's Jan. 18, 2022 MSPB pleading referenced in Plaintiff's First Am. Compl.)(Raurell, Carlos) (Entered: 04/18/2022)
2022-04-2625Defendant's MOTION to Stay Discovery by U.S. Department of Agriculture. Responses due by 5/10/2022 (Attachments: # 1 Exhibit Plaintiff's First Request for Production, # 2 Exhibit Plaintiff's First Request for Admission)(Raurell, Carlos) (Entered: 04/26/2022)
2022-04-2726PAPERLESS ORDER THIS CAUSE is before the Court upon a sua sponte review of the record. On April 5, 2022, the Court ordered the parties to select a mediator pursuant to Local Rule 16.2, schedule a time, date and place for mediation, and jointly file a proposed order scheduling mediation on or before April 26, 2022. ECF No. 20 (the "Scheduling Order"). To date, the parties have not complied, nor have they shown cause. Accordingly, it is ORDERED AND ADJUDGED that on or before May 4, 2022 , the parties shall comply with the requirements of the Scheduling Order, and jointly file a proposed order scheduling mediation. Failure to comply will result in sanctions, including, but not limited to, dismissal without prejudice without further notice. The parties are reminded that pursuant to the procedures outlined in the CM/ECF Administrative Procedures, the proposed order is also to be emailed to bloom@flsd.uscourts.gov in Word format. The CM/ECF Administrative Procedures may be viewed at www.flsd.uscourts.gov. All other deadlines set forth in the Scheduling Order shall remain strictly in place. Signed by Judge Beth Bloom (mk00) (Entered: 04/27/2022)
2022-05-0227Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 24 MOTION TO DISMISS 13 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction 13 Amended Complaint/Amended Notice of Removal, by Joey D Gonzalez Ramos. (Attachments: # 1 Text of Proposed Order Proposed Order)(Gonzalez Ramos, Joey) (Entered: 05/02/2022)
2022-05-0228PAPERLESS ORDER granting ECF No. 27 Motion for Extension of Time. Plaintiff shall file a response to Defendant's Motion to Dismiss, ECF No. 24 , on or before May 9, 2022. Signed by Judge Beth Bloom (mk00) (Entered: 05/02/2022)
2022-05-02Set/Reset Deadlines/Hearings as to 24 MOTION TO DISMISS 13 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction 13 Amended Complaint/Amended Notice of Removal, . Responses due by 5/9/2022 Per DE 28 Order. (ebz) (Entered: 05/02/2022)
2022-05-0429NOTICE of Mediator Selection and Hearing. Robert A. Dulberg Selected/Added Joey D Gonzalez Ramos as Mediator. Mediation Hearing set for 12/15/2022. (Gonzalez Ramos, Joey) (Entered: 05/04/2022)
2022-05-0430Clerks Notice to Filer re 29 Notice of Mediator Selection and/or Hearing. Parties/Mediator Not Added ; ERROR - The Filer failed to add all parties from the complaint/petition/removal, etc. or the mediator. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the additional parties/mediator. (ebz) (Entered: 05/04/2022)
2022-05-0531ORDER SCHEDULING MEDIATION before Robert A. Dulberg. Mediation Hearing set for 12/15/2022 01:30 PM Signed by Judge Beth Bloom on 5/4/2022. See attached document for full details. (ebz) (Entered: 05/05/2022)
2022-05-0932RESPONSE in Opposition re 24 MOTION TO DISMISS 13 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction 13 Amended Complaint/Amended Notice of Removal, filed by Joey D Gonzalez Ramos. Replies due by 5/16/2022. (Attachments: # 1 Exhibit A - Emails between Eisemann and Murphy, # 2 Exhibit B - Ramsey's files, # 3 Exhibit C - Dianne Lipsey's Depositions, # 4 Exhibit D - Dang's Texts, # 5 Exhibit E - Final Response FOIA Kuhn, # 6 Exhibit F - Motion for Protective Order, # 7 Exhibit G - Moore's Response to Motion Protective Order)(Gonzalez Ramos, Joey) (Entered: 05/09/2022)
2022-05-1033RESPONSE in Opposition re 25 Defendant's MOTION to Stay Discovery OR FOR EXTENSION OF TIME TO RESPOND TO PENDING DISCOVERY filed by Joey D Gonzalez Ramos. Replies due by 5/17/2022. (Attachments: # 1 Exhibit A - Email Motion to Stay Conference)(Gonzalez Ramos, Joey) (Entered: 05/10/2022)
2022-05-1234Defendant's REPLY to Response to Motion re 24 MOTION TO DISMISS 13 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction 13 Amended Complaint/Amended Notice of Removal, filed by U.S. Department of Agriculture. (Raurell, Carlos) (Entered: 05/12/2022)
2022-05-1235MOTION for Leave to File SURREPLY TO DEFENDANTS REPLY TO MOTION TO DISMISS COUNT I OF PLAINTIFFS FIRST AMENDED COMPLAINT by Joey D Gonzalez Ramos. (Gonzalez Ramos, Joey) (Entered: 05/12/2022)
2022-05-1336RESPONSE to Motion re 35 MOTION for Leave to File SURREPLY TO DEFENDANTS REPLY TO MOTION TO DISMISS COUNT I OF PLAINTIFFS FIRST AMENDED COMPLAINT filed by U.S. Department of Agriculture. Replies due by 5/20/2022. (Raurell, Carlos) (Entered: 05/13/2022)
2022-05-1337REPLY to Response to Motion re 35 MOTION for Leave to File SURREPLY TO DEFENDANTS REPLY TO MOTION TO DISMISS COUNT I OF PLAINTIFFS FIRST AMENDED COMPLAINT filed by Joey D Gonzalez Ramos. (Gonzalez Ramos, Joey) (Entered: 05/13/2022)
2022-05-1538ORDER ON MOTION FOR LEAVE TO FILE SUR-REPLY. Plaintiff's Motion, DE 35 , is DENIED. Signed by Judge Beth Bloom on 5/13/2022. See attached document for full details. (ebz) (Entered: 05/16/2022)
2022-05-1639REPLY TO PLAINTIFF'S RESPONSE TO MOTION re 25 Defendant's MOTION to Stay Discovery filed by U.S. Department of Agriculture. (Raurell, Carlos) Modified text on 5/16/2022 (ebz). (Entered: 05/16/2022)
2022-06-2140ORDER ON MOTION TO DISMISS. Defendant's Motion to Dismiss, DE 24 , is GRANTED IN PART AND DENIED IN PART. Plaintiff's claim against USDA in Count I is DISMISSED WITHOUT PREJUDICE and with leave to amend. Plaintiffs claim against unknown employees of the USDA and DOJ is DISMISSED WITH PREJUDICE. Plaintiff shall file his Second Amended Complaint by no later than July 1, 2022. Defendant's Motion to Stay, DE 25 , is DENIED AS MOOT. Signed by Judge Beth Bloom on 6/21/2022. See attached document for full details. (ebz) (Entered: 06/21/2022)
2022-07-0141Second AMENDED COMPLAINT against U.S. Department of Agriculture, Unknown Employees of the U.S. Department of Agriculture and The Department of Justice filed in response to Order Granting Motion for Leave, filed by Joey D Gonzalez Ramos. (Attachments: # 1 Exhibit A-Plaintiff Evaluation, # 2 Exhibit B-Texts from SA Jake Dang, # 3 Exhibit C-Murphy Subpoena, # 4 Exhibit D-Truong Response Motion For Additional Discovery, # 5 Exhibit E-Murphy email to Eisemann and Truong, # 6 Exhibit F-Moore MSPB Motion, # 7 Exhibit G-Murphy email to Eisemann Admin Leave)(Gonzalez Ramos, Joey) (Entered: 07/01/2022)
2022-07-1442ANSWER and Affirmative Defenses to Amended Complaint by U.S. Department of Agriculture. (Raurell, Carlos) (Entered: 07/14/2022)
2022-07-1843MOTION for Protective Order by John J. Murphy. (Attachments: # 1 Exhibit)(ebz) (Entered: 07/19/2022)
2022-07-1944PAPERLESS ORDER Setting Hearing on 43 MOTION for Protective Order for 8/4/2022 at 9:30 AM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. The parties shall call the conference number 1-888-684-8852 at the appointed time, then enter access code 4791317 and security code 0804. Please dial in at least ten minutes before the hearing begins and wait until your case is called. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 7/19/2022. (kvz) (Entered: 07/19/2022)
2022-07-2745Plaintiff's RESPONSE to 43 MOTION for Protective Order by Joey D Gonzalez Ramos. (Attachments: # 1 Exhibit A - Accusatory Filings, # 2 Exhibit B - Murphy's Deposition Demands, # 3 Exhibit C - Attorney profile Walker, Murphy & Nelson, # 4 Exhibit D - Murphy and Eiseman's emails, # 5 Exhibit E - Emails to Murphy, Truong and Eisemann)(Gonzalez Ramos, Joey) (Entered: 07/27/2022)
2022-08-0446PAPERLESS Minute Entry for proceedings held before Magistrate Judge Alicia M. Otazo-Reyes: Telephonic Motion Hearing held on 8/4/2022 re 43 MOTION for Protective Order filed by John J. Murphy. Total time in court: 49 minutes. Attorney Appearance(s): Plaintiff Joey D. Gonzalez Ramos, appeared pro se. Carlos Javier Raurell appeared as counsel for Defendant. Movant John Murphy, Esq. appeared pro se. Order to follow. (Digital ATT Recording AOR_01_8-4-2022 and DAR Back-up 09:26:26 - 10:14:31) (sl) . (Entered: 08/04/2022)
2022-08-0447ORDER re August 4, 2022 Hearing re 43 Motion for Protective Order. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 8/4/2022. See attached document for full details. (kvz) (Entered: 08/04/2022)
2022-08-2148NOTICE OF FILING JOHN J. MURPHY III'S RESPONSES TO PLAINTIFF'S INTERROGATORIES by Joey D Gonzalez Ramos re 47 Order (Attachments: # 1 Exhibit A- Responses to Plaintiff Interrogatories by Murphy) (Gonzalez Ramos, Joey) Modified text on 8/22/2022 (ebz). (Entered: 08/21/2022)
2022-08-2349REVERSED. ORDER granting 43 Motion for Protective Order. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 8/23/2022. See attached document for full details. (kvz) Modified per DE 64 Order on 10/28/2022 (ebz). (Entered: 08/23/2022)
2022-09-0350Plaintiff's APPEAL of Magistrate Judge 47 Order to District Court (Attachments: # 1 Exhibit Exhibit A - MSPB Initial Decision, # 2 Exhibit Exhibit B -Murphy email exchange - Admin Leave, # 3 Exhibit Exhibit C - MSJ in ADR I, # 4 Exhibit Exhibit D - Emails to Murphy, Truong and Eisemann, # 5 Exhibit Exhibit E - Murphy's Demands, # 6 Exhibit Exhibit F - Murphy's Responses to Plaintiff Interrogatories)(Gonzalez Ramos, Joey) (Entered: 09/03/2022)
2022-09-1551MOTION for Protective Order by Dianne C. Lipsey. (Attachments: # 1 Exhibit)(ebz) (Entered: 09/16/2022)
2022-09-1652PAPERLESS ORDER Setting Hearing on 51 MOTION for Protective Order for 10/3/2022 at 1:30 PM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. Zoom Conference instructions will be provided to counsel and Non-party Dianne Lipsey via e-mail. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 9/16/2022. (kvz) (Entered: 09/16/2022)
2022-09-19PAPERLESS ORDER RESETTING Hearing on 51 MOTION for Protective Order. The Motion Hearing previously set for 10/3/2022 is hereby RESET for 9/26/2022 at 1:30 PM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. The parties and Non-party Dianne Lipsey shall use the Zoom Conference instructions and link that were previously provided via e-mail. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 9/19/2022. (kvz) (Entered: 09/19/2022)
2022-09-2053NOTICE by Joey D Gonzalez Ramos Emails by John J. Murphy III (Attachments: # 1 Exhibit A - Murphy's email to Eisemann, # 2 Exhibit B - Server Report - Dianne Lipsey, # 3 Exhibit C - Murphy's emails regarding Dianne Lipsey) (Gonzalez Ramos, Joey) (Entered: 09/20/2022)
2022-09-2054MOTION TO PRECLUDE MURPHYS PARTICIPATION IN THE HEARING SCHEDULED FOR SEPTEMBER 26, 2022 See 53 Notice (Other) for image by Joey D Gonzalez Ramos. (ebz) (Entered: 09/20/2022)
2022-09-2055Clerk's Notice to Filer re 53 Notice (Other),. Two or More Document Events Filed as One ; ERROR - Only one event was selected by the Filer but more than one event was applicable to the document filed. The docket entry was corrected by the Clerk. It is not necessary to refile this document but in the future, the Filer must select all applicable events. (ebz) (Entered: 09/20/2022)
2022-09-2456RESPONSE in Opposition re 51 MOTION for Protective Order by Dianne Lipsey filed by Joey D Gonzalez Ramos. Replies due by 10/3/2022. (Attachments: # 1 Exhibit A - Plaintiff's 2016 Performance Evaluation, # 2 Exhibit B - Excerpts from Dianne Lipsey's Deposition, # 3 Exhibit C - Murphy's email to Eisemann ref admin leave, # 4 Exhibit D - ADR Vantage FY22 Revenue from USASPENDING.GOV)(Gonzalez Ramos, Joey) (Entered: 09/24/2022)
2022-09-2657ORDER granting 51 Motion for Protective Order; denying 54 Motion to Preclude Murphy's Participation in the September 26, 2022 Hearing. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 9/26/2022. See attached document for full details. (kvz) (Entered: 09/26/2022)
2022-09-2658PAPERLESS Minute Entry for Zoom proceedings held before Magistrate Judge Alicia M. Otazo-Reyes: Motion Hearing held on 9/26/2022 re 51 MOTION for Protective Order filed by Dianne C. Lipsey, 54 MOTION TO PRECLUDE MURPHYS PARTICIPATION IN THE HEARING SCHEDULED FOR SEPTEMBER 26, 2022 re 53 Notice (Other), filed by Joey D. Gonzalez Ramos. Total time in court: 17 minutes. Attorney Appearance(s): Joey D. Gonzalez Ramos appeared pro se. Carlos Javier Raurell appeared on behalf of Defendant U.S. Department of Agriculture. Diane Lipsey (ADR Vantage) was present. John J. Murphy, Esq. was present. Order entered D.E. 57 . (Zoom AOR_9-26-2022 and DAR Back-up 13:38:29 - 13:56:45) (sl) (Entered: 09/26/2022)
2022-09-2759Unopposed MOTION for Extension of Time File Appeal to Magistrate Judge's Order by October 19, 2022 by Joey D Gonzalez Ramos. Responses due by 10/11/2022 (Attachments: # 1 Text of Proposed Order Proposed Order)(Gonzalez Ramos, Joey) (Entered: 09/27/2022)
2022-09-2860PAPERLESS ORDER granting ECF No. 59 Unopposed Motion for Extension of Time. Plaintiff may file an appeal to Magistrate Judge Otazo-Reyess Order, ECF No. 57 , on or before October 19, 2022. Signed by Judge Beth Bloom (sgr) (Entered: 09/28/2022)
2022-09-2861TRANSCRIPT of DISCOVERY HEARING held on 08/04/2022 before Magistrate Judge Alicia M. Otazo-Reyes, 1-25 pages. Court Reporter: Joanne Mancari, jemancari@gmail.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/19/2022. Redacted Transcript Deadline set for 10/31/2022. Release of Transcript Restriction set for 12/27/2022. (jes) (Entered: 10/04/2022)
2022-10-1162TRANSCRIPT of MOTION HEARING held on 09/26/2022 before Magistrate Judge Alicia M. Otazo-Reyes; 1-11 pages. Court Reporter: Joanne Mancari, jemancari@gmail.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/1/2022. Redacted Transcript Deadline set for 11/14/2022. Release of Transcript Restriction set for 1/9/2023. (jes) (Entered: 10/11/2022)
2022-10-1963Plaintiff's APPEAL of Magistrate Judge 57 Order on Motion for Protective/Confidentiality Order,, Order on Motion for Miscellaneous Relief, to District Court (Attachments: # 1 Exhibit A - Murphy's email to Eisemann, # 2 Exhibit B - Process Server Report - Dianne Lipsey, # 3 Exhibit C - Murphy's Email Regarding Dianne Lipsey's Subpoena, # 4 Exhibit D - Hearing Transcript)(Gonzalez Ramos, Joey) (Entered: 10/19/2022)
2022-10-2764ORDER ON PLAINTIFF'S OBJECTIONS TO MAGISTRATE JUDGE'S ORDER. Plaintiff's Objections, DE 50 , are SUSTAINED. The Supplemental Order, 49 , is REVERSED. Signed by Judge Beth Bloom on 10/27/2022. See attached document for full details. (ebz) (Entered: 10/28/2022)
2022-12-0265ORDER sustaining 63 Appeal/Objection of Magistrate Judge Order to District Court. Signed by Judge Beth Bloom on 12/1/2022. See attached document for full details. (drz) (Entered: 12/02/2022)
2022-12-1666FINAL MEDIATION REPORT by Robert A. Dulberg. Disposition: Case did not settle.(Salmon, John) (Entered: 12/16/2022)
2023-01-0467Unopposed MOTION for Leave to File Excess Pages in Motion for Summary Judgment and Statement of Material Facts by U.S. Department of Agriculture. (Raurell, Carlos) (Entered: 01/04/2023)
2023-01-0468PAPERLESS ORDER granting ECF No. 67 Defendant's Unopposed Motion for Leave to File Excess Pages. Defendant's Motion for Summary Judgment may exceed the page limit by eight (8) pages and Defendant's Statement of Material Facts may exceed the page limit by two (2) pages. Signed by Judge Beth Bloom (sgr) (Entered: 01/04/2023)
2023-01-0469Statement of: Undisputed Material Facts in Support of Defendant's Motion for Summary Judgment by U.S. Department of Agriculture (Attachments: # 1 Exhibit Murphy Deposition Transcript, # 2 Exhibit Eisemann Deposition Transcript, # 3 Exhibit USDA Interrogatory Answers, # 4 Exhibit Truong Deposition Transcript, # 5 Exhibit USDA Supplemental Response to Interrogatory No. 9, # 6 Exhibit Declaration of Alexis Graves, # 7 Appendix Attachment A to Graves Decl, # 8 Appendix Attachment B to Graves Decl, # 9 Appendix Attachment C to Graves Decl, # 10 Appendix Attachment D to Graves Decl, # 11 Appendix Attachment E to Graves Decl, # 12 Appendix Attachment F to Graves Decl, # 13 Appendix Attachment G to Graves Decl, # 14 Appendix Attachment H to Graves Decl, # 15 Appendix Attachment I to Graves Decl, # 16 Appendix Attachment J to Graves Decl, # 17 Appendix Attachment K to Graves Decl)(Raurell, Carlos) (Entered: 01/04/2023)
2023-01-0470Defendant's MOTION for Summary Judgment by U.S. Department of Agriculture. Responses due by 1/18/2023 (Attachments: # 1 Affidavit Declaration of Alexis Graves, # 2 Appendix Attachment A to Graves Decl, # 3 Appendix Attachment B to Graves Decl, # 4 Appendix Attachment C to Graves Decl, # 5 Appendix Attachment D to Graves Decl, # 6 Appendix Attachment E to Graves Decl, # 7 Appendix Attachment F to Graves Decl, # 8 Appendix Attachment G to Graves Decl, # 9 Appendix Attachment H to Graves Decl, # 10 Appendix Attachment I to Graves Decl, # 11 Appendix Attachment J to Graves Decl, # 12 Appendix Attachment K to Graves Decl)(Raurell, Carlos) (Entered: 01/04/2023)
2023-01-1771MOTION for Extension of Time Extension of time through January 23, 2023 re 70 Defendant's MOTION for Summary Judgment by Joey D Gonzalez Ramos. Responses due by 1/31/2023 (Gonzalez Ramos, Joey) (Entered: 01/17/2023)
2023-01-1772PAPERLESS ORDER granting ECF No. 71 Plaintiff's Unopposed Motion for Extension of Time to File Response to Defendant's Motion for Summary Judgment. Plaintiff shall respond to the Motion for Summary Judgment on or before January 23, 2023. Signed by Judge Beth Bloom (sgr) (Entered: 01/17/2023)
2023-01-17Set/Reset Deadlines/Hearings as to 70 Defendant's MOTION for Summary Judgment . Per DE 72 Order. Responses due by 1/23/2023 (ebz) (Entered: 01/18/2023)
2023-01-2373Second MOTION for Extension of Time to File Response/Reply/Answer as to 70 Defendant's MOTION for Summary Judgment by Joey D Gonzalez Ramos. (Gonzalez Ramos, Joey) (Entered: 01/23/2023)
2023-01-2374PAPERLESS ORDER granting ECF No. 73 Plaintiff's Second Unopposed Motion for Extension of Time to File Response to Defendant's Motion for Summary Judgment. Plaintiff shall file his Response on or before January 30, 2023. Signed by Judge Beth Bloom (sgr) (Entered: 01/23/2023)
2023-01-23Set/Reset Deadlines/Hearings as to 70 Defendant's MOTION for Summary Judgment . Per DE 74 Order. Responses due by 1/30/2023 (ebz) (Entered: 01/23/2023)
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by FOIA Project Staff
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