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Case TitleGabig et al v. US Department of Justice et al
DistrictNorthern District of Alabama
CityNortheastern
Case Number5:2022cv01595
Date Filed2022-12-21
Date Closed2024-02-08
JudgeMagistrate Judge Herman N Johnson, Jr
PlaintiffJerome S. Gabig
PlaintiffORBIS Sibro Inc
Case DescriptionJerome Gabig, an attorney for ORBIS Sibro, submitted a FOIA request to the Department of Justice for records concerning accounting records pertaining to ORBIS Sibro submitted to the U.S. Attorney's Office in South Carolina. The agency acknowledged receipt of the request. After hearing nothing further from the U.S. Attorney's Office in South Carolina, Gabig filed an administrative appeal to the Office of Information Policy. OIP acknowledged receipt of the request but after hearing nothing further from OIP. Gabig filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUS Department of Justice
DefendantMerrick Garland in his Official Capacity the US Attorney General
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-12-221COMPLAINT against All Defendants, filed by Jerome S. Gabig, ORBIS Sibro Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1A, # 3 Exhibit 1B, # 4 Exhibit 2, # 5 Exhibit 3)(LCB) (Entered: 12/22/2022)
2022-12-222NOTICE of assignment of case to a United States Magistrate Judge for Trial. (LCB) (Entered: 12/22/2022)
2022-12-22Filing fee: $ 402, receipt number 2889 (LCB) (Entered: 12/22/2022)
2022-12-223Summons Issued as to Merrick Garland, US Department of Justice, U.S. Attorney and U.S. Attorney General (LCB) (Entered: 12/22/2022)
2023-01-094SUMMONS Returned Executed by Jerome S. Gabig, ORBIS Sibro Inc. Merrick Garland served on 12/27/2022, answer due 2/25/2023. (Steakley, Roderic) (Entered: 01/09/2023)
2023-01-095SUMMONS Returned Executed by Jerome S. Gabig, ORBIS Sibro Inc. US Department of Justice served on 12/30/2022, answer due 2/28/2023. (Steakley, Roderic) (Entered: 01/09/2023)
2023-01-096Alias Summons Issued by the clerk and delivered to plaintiff for service as to United States Attorney's Office. (LCB) (Entered: 01/09/2023)
2023-01-107Alias Summons Issued by the clerk and delivered to plaintiff for service as to the USAO B-Ham. (LCB) (Entered: 01/10/2023)
2023-01-128SUMMONS Returned Executed by Jerome S. Gabig, ORBIS Sibro Inc. USAO served on 1/11/2023, answer due 3/12/2023. (Steakley, Roderic) (Entered: 01/12/2023)
2023-02-139Unopposed MOTION for Extension of Time to File Answer re 1 Complaint Motion is RIPE 2/13/2023 . Any party may file a motion to reconsider within three (3) business days of a ruling on the motion. Filed, Unopposed MOTION for Extension of Time to File Response/Reply as to 1 Complaint Motion is RIPE 2/13/2023 . Any party may file a motion to reconsider within three (3) business days of a ruling on the motion. Filed by Merrick Garland, US Department of Justice. (Borton, Thomas) (Entered: 02/13/2023)
2023-02-1310ORDER: The Court GRANTS 9 the Motion for Extension of Time to Respond to Plaintiff's Complaint. Defendants shall file a response by March 21, 2023. Signed by Magistrate Judge Herman N Johnson, Jr on 2/13/2023. (LCB) (Entered: 02/13/2023)
2023-03-0911Unopposed MOTION for Extension of Time to File Answer re 1 Complaint Motion is RIPE 3/9/2023 . Any party may file a motion to reconsider within three (3) business days of a ruling on the motion. Filed by Merrick Garland, US Department of Justice. (Borton, Thomas) (Entered: 03/09/2023)
2023-03-0912ORDER: The Court GRANTS 11 Motion for Extension of Time to Answer; Defendants are to file a response by April 21, 2023. Signed by Magistrate Judge Herman N Johnson, Jr on 3/9/2023. (LCB) (Entered: 03/10/2023)
2023-04-0513MOTION for Extension of Time to File Answer re 1 Complaint Motion is RIPE 4/5/2023 . Any party may file a motion to reconsider within three (3) business days of a ruling on the motion. Filed by Merrick Garland, US Department of Justice. (Borton, Thomas) (Entered: 04/05/2023)
2023-04-0514ORDER: The Court GRANTS 13 Motion for Extension of Time to Answer; Defendants to file response to complaint by 5/19/2023. Signed by Magistrate Judge Herman N Johnson, Jr on 4/5/2023. (LCB) (Entered: 04/05/2023)
2023-05-1115MOTION for Extension of Time to File Answer re 1 Complaint Motion is RIPE 5/11/2023 . Any party may file a motion to reconsider within three (3) business days of a ruling on the motion. Filed by Merrick Garland, US Department of Justice. (Borton, Thomas) (Entered: 05/11/2023)
2023-05-1116ORDER: The Court GRANTS 15 Motion for Extension of Time to Answer; Merrick Garland and US Department of Justice answer due 6/23/2023. Signed by Magistrate Judge Herman N Johnson, Jr on 5/11/2023. (LCB) (Entered: 05/11/2023)
2023-06-2317MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim by Merrick Garland. (Borton, Thomas) (Entered: 06/23/2023)
2023-06-2318ORDER: Plaintiff shall file a response to the motion 17 within 14 days of the entry date of this order. Defendant shall file any reply within 7 days thereafter. Signed by Magistrate Judge Herman N Johnson, Jr on 6/23/2023. (LCB) (Entered: 06/23/2023)
2023-06-2319ORDER: The Court SETS a Telephone Status Conference for 7/24/2023 at 10:00 AM before Magistrate Judge Herman N Johnson Jr. Signed by Magistrate Judge Herman N Johnson, Jr on 6/23/2023. (LCB) (Entered: 06/23/2023)
2023-06-2320ORDER : That the parties are required to enter an election regarding the exercise of jurisdiction by a magistrate judge no later than August 7, 2023 ; in the absence of consent by all parties, the Clerk is directed to reassign the case to a randomly drawn district judge without further order after August 7, 2023 . Signed by Magistrate Judge Herman N Johnson, Jr on 6/23/2023. (LCB) (Entered: 06/23/2023)
2023-06-2321ANSWER to 1 Complaint by US Department of Justice. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Borton, Thomas) (Entered: 06/23/2023)
2023-06-2322ORDER : Regarding Compliance with Rule 26. Signed by Magistrate Judge Herman N Johnson, Jr on 6/23/2023. (LCB) (Entered: 06/23/2023)
2023-07-0723Joint MOTION to Stay , Motion for Exemption from Discovery Obligations, and Stipulation of Dismissal of Attorney General as Defendant by Merrick Garland, US Department of Justice. (Attachments: # 1 Text of Proposed Order)(Borton, Thomas) (Entered: 07/07/2023)
2023-08-0124CONSENT to Jurisdiction by US Magistrate Judge by Jerome S. Gabig, ORBIS Sibro Inc, US Department of Justice and Merrick Garland (LCB) (Entered: 08/01/2023)
2023-08-0225ORDER: The Court GRANTS 23 Motion to Stay, EXEMPTS the parties from their initial-disclosure and discovery obligations, STAYS the case pending the Government's search for disclosure of non-exempt records responsive to Plaintiffs' FOLA request and ORDERS the Government to file a status report addressing its document processing and production every sixty (60) days as more fully set out in order. Signed by Magistrate Judge Herman N Johnson, Jr on 8/2/2023. (LCB) (Entered: 08/02/2023)
2023-08-0226NOTICE by Jerome S. Gabig, ORBIS Sibro Inc Waiver of Potential Conflict (Steakley, Roderic) (Entered: 08/02/2023)
2023-08-0827NOTICE of Appearance by Thomas E Borton, IV on behalf of US Department of Justice (Borton, Thomas) (Entered: 08/08/2023)
2023-09-2928STATUS REPORT by US Department of Justice. filed by US Department of Justice (Borton, Thomas) (Entered: 09/29/2023)
2023-12-0529MOTION to Substitute Attorney Motion is RIPE 12/5/2023 . Any party may file a motion to reconsider within three (3) business days of a ruling on the motion. Filed by US Department of Justice. (Parker, Patrice) (Entered: 12/05/2023)
2023-12-0530ORDER: The Court GRANTS 29 Motion to Substitute Attorney. Attorney Thomas Borton is substituted as counsel for the defendant. Special Assistant US Attorney Patrice Parker is no longer counsel of record. Signed by Magistrate Judge Herman N Johnson, Jr on 12/5/2023. (LCB) (Entered: 12/05/2023)
2023-12-0531ORDER: The Government is ORDERED to file a status report within seven (7) days of the entry date of this order. Signed by Magistrate Judge Herman N Johnson, Jr on 12/5/2023. (LCB) (Entered: 12/05/2023)
2023-12-1132STATUS REPORT FOR DECEMBER 2023 by US Department of Justice. filed by US Department of Justice (Parker, Patrice) (Entered: 12/11/2023)
2024-02-0633STIPULATION of Dismissal Filed Jointly by the Parties by Jerome S. Gabig, ORBIS Sibro Inc. filed by Jerome S. Gabig, ORBIS Sibro Inc (Steakley, Roderic) (Entered: 02/06/2024)
2024-02-0834ORDER DISMISSING CASE: Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) and the parties Joint Stipulation of Dismissal, the court DISMISSES this case WITH PREJUDICE . Each party bears its own costs. The court DIRECTS the Clerk of Court to close this case. Signed by Magistrate Judge Herman N Johnson, Jr on 2/8/2024. (LCB) (Entered: 02/08/2024)
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by FOIA Project Staff
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