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Case TitleBlanchard v. Executive Office for United States Attorneys
DistrictWestern District of Michigan
CitySouthern Division
Case Number1:2022cv00539
Date Filed2022-06-13
Date Closed2024-01-19
JudgeJudge Robert J. Jonker
PlaintiffJoshua Blanchard
Case DescriptionJoshua Blanchard submitted a FOIA request to the Executive Office for U.S. Attorneys for records concerning the recusal of several Assistant U.S. Attorneys from cases in the Western District of Michigan. The agency acknowledged receipt of the request but after nearing nothing further from the agency, Blanchard filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantExecutive Office for United States Attorneys
Documents
Docket
Complaint
Opinion/Order [44]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-06-131COMPLAINT against Executive Office for United States Attorneys filed by Joshua Blanchard (Blanchard, Joshua) (Entered: 06/13/2022)
2022-06-13FILING FEE PAID re 1 by plaintiff Joshua Blanchard in the amount of $402, receipt number AMIWDC-6766311 (Blanchard, Joshua) (Entered: 06/13/2022)
2022-06-132PROPOSED SUMMONS to be issued re 1 (Blanchard, Joshua) (Entered: 06/13/2022)
2022-06-143NOTICE that this case has been assigned Paul L. Maloney (jrg) (Entered: 06/14/2022)
2022-06-144SUMMONS ISSUED as to defendant Executive Office for United States Attorneys, U.S. Attorney and U.S. Attorney General (jrg) (Entered: 06/14/2022)
2022-06-165ADMINISTRATIVE ORDER No. 22-CA-049 that this case is reassigned to Chief Judge Robert J. Jonker for all further proceedings ; signed by Chief Judge Robert J. Jonker (jrg) (Entered: 06/17/2022)
2022-06-296SUMMONS returned executed on Executive Office for United States Attorneys, US Attorney and US Attorney General; service upon defendant, Executive Office for United States Attorneys complete on 6/27/2022, answer due 8/26/2022 (Attachments: # 1 Exhibit A - Certified Mail Return Receipts) (Blanchard, Joshua) (Entered: 06/29/2022)
2022-07-277ANSWER to complaint 1 with affirmative defenses by Executive Office for United States Attorneys (Long, Jeanne) (Entered: 07/27/2022)
2022-07-278ORDER REFERRING CASE to Magistrate Judge Philip J. Green; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, sdb) (Entered: 07/27/2022)
2022-08-049ORDER setting Rule 16 scheduling conference: Rule 16 scheduling conference is set for 10/4/2022 at 02:00 PM at 499 Federal Building, Grand Rapids, MI before Magistrate Judge Phillip J. Green; status report due by 9/29/2022; signed by Magistrate Judge Phillip J. Green (jkw) (Entered: 08/04/2022)
2022-09-2810JOINT STATUS REPORT regarding Rule 16 conference (Blanchard, Joshua) (Entered: 09/28/2022)
2022-10-0311NOTICE rescheduling hearing that was previously set for October 4, 2022; Rule 16 scheduling conference is set for 10/17/2022 at 03:00 PM at 499 Federal Building, Grand Rapids, MI before Magistrate Judge Phillip J. Green; (jkw) (Entered: 10/03/2022)
2022-10-1712MINUTES held before Magistrate Judge Phillip J. Green of Rule 16 scheduling conference; CMO to issue (Proceedings Digitally Recorded) (ald) (Entered: 10/18/2022)
2022-10-1813INITIAL CASE MANAGEMENT ORDER; signed by Magistrate Judge Phillip J. Green (ald) (Entered: 10/18/2022)
2022-12-2714MOTION for leave to file amended complaint by plaintiff Joshua Blanchard; (Attachments: # 1 Exhibit A - Proposed First Amended Complaint, # 2 Exhibit 1 to Proposed First Amended Complaint, # 3 Exhibit 2 to Proposed First Amended Complaint, # 4 Exhibit 3 to Proposed First Amended Complaint) (Blanchard, Joshua) (Entered: 12/27/2022)
2022-12-2715CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION for leave to file amended complaint 14 filed by Joshua Blanchard (Blanchard, Joshua) (Entered: 12/27/2022)
2023-01-1016(WITHDRAWN) RESPONSE in opposition to MOTION for leave to file amended complaint 14 filed by Executive Office for United States Attorneys (Long, Jeanne) Modified text on 3/14/2023 - withdrawn per 26 (slk). (Entered: 01/10/2023)
2023-01-1017CERTIFICATE of compliance re word count for Response in Opposition 16 to Plaintiff's Motion to Amend Complaint filed by Executive Office for United States Attorneys (Long, Jeanne) (Entered: 01/10/2023)
2023-01-1818NOTICE OF MOTION HEARING regarding document number 14 : motion hearing is set for 1/30/2023 at 10:00 AM at 499 Federal Building, Grand Rapids, MI before Magistrate Judge Phillip J. Green; (jkw) (Entered: 01/18/2023)
2023-01-3019MINUTES held before Magistrate Judge Phillip J. Green f motion hearing re 14 MOTION for leave to file amended complaint filed by Joshua Blanchard; motion held in abeyance; notice of status conference to issue (Proceedings Digitally Recorded) (ald) (Entered: 01/30/2023)
2023-01-3020ORDER holding in abeyance 14 motion for leave to file; signed by Magistrate Judge Phillip J. Green (ald) (Entered: 01/30/2023)
2023-01-3021NOTICE of status conference set for 3/6/2023 at 03:00 PM at 499 Federal Building, Grand Rapids, MI before Magistrate Judge Phillip J. Green (ald) (Entered: 01/30/2023)
2023-03-0322NOTICE re 21 Plaintiff's Administrative Appeal by defendant Executive Office for United States Attorneys (Long, Jeanne) (Entered: 03/03/2023)
2023-03-0323(RESTRICTED ACCESS) DOCUMENT Zoom Link [Access to this document is available to the Court and attorney(s) for Joshua Blanchard, Executive Office for United States Attorneys only] (ald) (Entered: 03/03/2023)
2023-03-0324NOTICE rescheduling hearing: status conference set for 3/14/2023 at 10:00 AM at 499 Federal Building, Grand Rapids, MI before Magistrate Judge Phillip J. Green; (ald) (Entered: 03/03/2023)
2023-03-1325NOTICE re 20 regarding status of administrative appeal by plaintiff Joshua Blanchard (Attachments: # 1 Exhibit A - Decision on Administrative Appeal) (Blanchard, Joshua) (Entered: 03/13/2023)
2023-03-1326WITHDRAWAL by defendant Executive Office for United States Attorneys of Response in Opposition 16 filed by Executive Office for United States Attorneys Withdrawal of Opposition to Plaintiff's Motion to Amend (Long, Jeanne) (Entered: 03/13/2023)
2023-03-1427MINUTES held before Magistrate Judge Phillip J. Green of status conference; order to issue (Proceedings Digitally Recorded) (ald) (Entered: 03/14/2023)
2023-03-1428ORDER granting 14 motion for leave to file amended complaint; signed by Magistrate Judge Phillip J. Green (jkw) (Entered: 03/14/2023)
2023-03-1429ORDER setting briefing schedule: Answer to the amended complaint due 3/28/2023; dispositive Motion deadline 4/13/2023; signed by Magistrate Judge Phillip J. Green (jkw) (Entered: 03/14/2023)
2023-03-1430AMENDED COMPLAINT (filed per 28 ) against Executive Office for United States Attorneys filed by Joshua Blanchard (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (mg) (Entered: 03/15/2023)
2023-03-2831Defendant's ANSWER to Amended Complaint 30 with affirmative defenses by Executive Office for United States Attorneys (Long, Jeanne) (Entered: 03/28/2023)
2023-04-1332DECLARATION of Auborn Finney by defendant Executive Office for United States Attorneys (Attachments: # 1 Exhibit A - Vaughn Index, # 2 Exhibit B - Plaintiff's FOIA Request, # 3 Exhibit C - EOUSA's response letters) (Long, Jeanne) (Entered: 04/13/2023)
2023-05-2933MOTION for summary judgment by plaintiff Joshua Blanchard; (Blanchard, Joshua) (Entered: 05/29/2023)
2023-06-2834MOTION for summary judgment and Response in Opposition to Plaintiff's Motion by defendant Executive Office for United States Attorneys; (Long, Jeanne) (Entered: 06/28/2023)
2023-06-2835BRIEF in support of MOTION for summary judgment and Response in Opposition to Plaintiff's Motion 34 filed by Executive Office for United States Attorneys (Long, Jeanne) (Entered: 06/28/2023)
2023-06-2836CERTIFICATE of compliance re word count for Brief in Support of a Motion 35 for Summary Judgment and Response in Opposition to Plaintiff's Motion filed by Executive Office for United States Attorneys (Long, Jeanne) (Entered: 06/28/2023)
2023-07-2637RESPONSE TO MOTION for summary judgment and Response in Opposition to Plaintiff's Motion 34 filed by Joshua Blanchard (Blanchard, Joshua) (Entered: 07/26/2023)
2023-07-3138MOTION for leave to file out of time by plaintiff Joshua Blanchard; (Attachments: # 1 Proposed Order) (Blanchard, Joshua) (Entered: 07/31/2023)
2023-07-3139CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION for leave to file out of time 38 filed by Joshua Blanchard (Blanchard, Joshua) (Entered: 07/31/2023)
2023-08-0240ORDER granting 38 motion for leave to file brief out of time; Reply brief due within seven days; signed by Magistrate Judge Phillip J. Green (jkw) (Entered: 08/03/2023)
2023-08-0941RESPONSE TO MOTION for summary judgment and Response in Opposition to Plaintiff's Motion 34 , MOTION for summary judgment 33 Defendant's Reply Brief in Support of Motion for Summary Judgment and in Opposition to Plaintiff's Motion filed by Executive Office for United States Attorneys (Long, Jeanne) (Entered: 08/09/2023)
2023-08-0942CERTIFICATE of compliance re word count for Response to Motion, 41 filed by Executive Office for United States Attorneys (Long, Jeanne) (Entered: 08/09/2023)
2024-01-0343REPORT AND RECOMMENDATION re 33 and 34 ; objections to R&R due within 14 days; signed by Magistrate Judge Phillip J. Green (jkw) (Entered: 01/03/2024)
2024-01-1944ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 43 , Plaintiff's motion for summary judgment 33 is DENIED, Defendant's motion for summary judgment 34 is GRANTED; Count 1 of Plaintiff's Amended Complaint is DISMISSED; this matter is TERMINATED; signed by Judge Robert J. Jonker (elam) (Entered: 01/19/2024)
2024-01-1945JUDGMENT in favor of Defendant as to Count II of the Amended Complaint; signed by Judge Robert J. Jonker (elam) (Entered: 01/19/2024)
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by FOIA Project Staff
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