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Case TitleHeineman v. Hinds et al
DistrictDistrict of Nevada
CityLas Vegas
Case Number2:2023cv00448
Date Filed2023-03-24
Date ClosedOpen
JudgeJudge Jennifer A. Dorsey
PlaintiffDale-Scott Heineman
Case DescriptionDale-Scott Heineman submitted a FOIA request to Executive Office for U.S. Attorneys for records concerning a grand jury concurrence form for a specific indictment. The agency acknowledged receipt of the request and denied the request under Exemption 3, citing Rule 6(e) on grand jury secrecy. Heineman filed an administrative appeal but after hearing nothing further from the agency, Heineman filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantStephanie M. Hinds
DefendantJames E. Keller
DefendantMerrick Garland United States Attorney General
DefendantIsmail Ramsey United States Attorney
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Opinion/Order [16]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-03-24Case randomly assigned to Judge Jennifer A. Dorsey and Magistrate Judge Cam Ferenbach. (HAM) (Entered: 03/24/2023)
2023-03-241COMPLAINT against All Defendants (Filing fee $402) by Dale-Scott Heineman. Certificate of Interested Parties due by 4/3/2023. Proof of service due by 6/22/2023. (Attachments: # 1 Declaration, # 2 Civil Cover Sheet, # 3 Receipt # 3240) (HAM) (Entered: 03/27/2023)
2023-03-272ADVISORY LETTER to litigant. (HAM) (Entered: 03/27/2023)
2023-03-273Affidavit of Service by Mail re 1 Complaint by Plaintiff Dale-Scott Heineman. (HAM) (Entered: 03/27/2023)
2023-03-284AFFIDAVIT of Service re 1 Complaint by Plaintiff Dale-Scott Heineman. (HAM) (Entered: 03/28/2023)
2023-04-035DOCUMENTS forwarded to USDC, Nevada, from USDC, Northern California. NOTICE by Dale-Scott Heineman. (Image identical to re: ECF No. 1 Complaint) (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Docket sheet)(HAM). Modified on 7/28/2023 (AF). (Entered: 04/04/2023)
2023-04-046CLERK'S NOTICE. To date, a Certificate of Interested Parties has not been filed, pursuant to LR 7.1-1, by Dale-Scott Heineman. Certificate of Interested Parties due by 4/11/2023. (no image attached) (EDS) (Entered: 04/04/2023)
2023-04-107CERTIFICATE of Interested Parties by Dale-Scott Heineman. There are no known interested parties other than those participating in the case (KF) (Entered: 04/11/2023)
2023-04-198CERTIFICATE of Interested Parties by Dale-Scott Heineman. There are no known interested parties other than those participating in the case (JQC) (Entered: 04/19/2023)
2023-05-169NOTICE of Change of Address by Plaintiff Dale-Scott Heineman. (Address Reflected on Docket - LOE) (Entered: 05/16/2023)
2023-05-3110NOTICE of Lodgment of Notice of Nonresponse for Complaint, filed by Dale-Scott Heineman. (JQC) (Entered: 06/01/2023)
2023-06-1511MOTION for Hearing to Show Cause for Nonresponse, by Plaintiff Dale-Scott Heineman. Responses due by 6/29/2023. (Attachments: # 1 [Proposed] Order to Show Cause, # 2 Certificate of Service)(AF) (answer) (Entered: 06/15/2023)
2023-06-1612NOTICE of correction of the record by Dale-Scott Heineman re filer of 5 Notice, 8 Certificate of Interested Parties. (AF) (Entered: 06/21/2023)
2023-06-3014MOTION for Entry of Default by Clerk by Plaintiff Dale-Scott Heineman. Responses due by 7/14/2023. (AMMi) (Entered: 07/12/2023)
2023-07-0713ORDERED that an in-person hearing on the request for hearing to show cause for nonresponse (ECF No. 11 ), is scheduled for 1:00 PM, July 28, 2023 , in Courtroom 3D, third floor, Lloyd D. George Courthouse, United States District Court, 333 Las Vegas Blvd. South, Las Vegas, Nevada 89101. IT IS FURTHER ORDERED that Dale-Scott-Heineman must attend the scheduled hearing in person. Signed by Magistrate Judge Cam Ferenbach on 7/7/2023. (Copies have been distributed pursuant to the NEF - DRM) Modified on 7/7/2023 to activate hyperlink (DRM). (Entered: 07/07/2023)
2023-07-1715MOTION for Entry of Default Judgment by Plaintiff Dale-Scott Heineman. Responses due by 7/31/2023. (Attachments: # 1 Affidavit, # 2 Memorandum)(AMMi) (misc) (nondispositive) (Entered: 07/17/2023)
2023-07-1916ORDER Re: 13 Order Setting Hearing on Motion,the motion for entry of default by clerk 14 and motion for entry of default judgment 15 are added to the scheduled hearing on for July 28, 2023, at 1:00 PM, in Courtroom 3D, third floor, Lloyd D. George Courthouse, United States District Court, 333 Las Vegas Blvd. South, Las Vegas, Nevada 89101.Plaintiff Dale-Scott-Heineman must attend the scheduled hearing in person, Signed by Magistrate Judge Cam Ferenbach on 7/19/2023. (Copies have been distributed pursuant to the NEF - LG) (Entered: 07/19/2023)
2023-07-2817MINUTES OF PROCEEDINGS - Motion Hearing held on 7/28/2023 before Magistrate Judge Cam Ferenbach. Crtrm Administrator: T. Renfro ; Pla Counsel: Dale-Scott Heineman, Pro Se ; Recording start and end times: 1:10 pm - 1:41 pm / Off Record 1:35 - 1:36 pm ; Courtroom: 3D ; The Court makes preliminary remarks and hears representations of Mr. Heineman. IT IS ORDERED that 11 MOTION for Order to Show Cause, 14 MOTION for Entry of Default by Clerk and 15 MOTION for Entry of Default Judgment are DENIED as stated on the record. IT IS FURTHER ORDERED that Proof of Service is due by October 26, 2023. (Copies have been distributed pursuant to the NEF - TR) (Entered: 07/28/2023)
2023-08-1718SUMMONS ISSUED as to Stephanie M. Hinds, James E. Keller, Merrick Garland. (AMMi) Modified on 8/18/2023 to include new party in 19 Amended Complaint. (Entered: 08/18/2023)
2023-08-1719AMENDED COMPLAINT against Stephanie M. Hinds, James E. Keller by Dale-Scott Heineman. Adds new parties. (AMMi) (Entered: 08/18/2023)
2023-09-1220REFER to ECF No. 22 - NOTICE of Proof of Service for James E. Keller, Merrick Garland, Stephanie M. Hinds by Dale-Scott Heineman. (Attachments: # 1 Notice, # 2 Notice)(AMMi) Modified on 9/15/2023 (CJS). (Entered: 09/14/2023)
2023-09-1222SUMMONS Returned Executed by Dale-Scott Heineman re 18 Summons Issued. Merrick Garland served on 9/6/2023; Stephanie M. Hinds served on 8/22/2023; James E. Keller served on 8/21/2023. (Attachments: # 1 Proof of Service - Garland, # 2 Proof of Service - Hinds)(AMMi) (Entered: 09/15/2023)
2023-09-1521NOTICE of Docket Correction to 20 Notice of Proof of Service. Entry was erroneously docketed by the Clerk and will be docketed again correctly. (no image attached) (CJS) (Entered: 09/15/2023)
2023-09-2123NOTICE of Proof of Service, filed by Dale-Scott Heineman. (JQC) (Entered: 09/22/2023)
2023-09-2524AMENDED NOTICE of Proof of Service, filed by Dale-Scott Heineman (AMMi) (Entered: 09/26/2023)
2023-10-1925MOTION to Dismiss 19 Amended Complaint by Defendants Merrick Garland, Stephanie M. Hinds, James E. Keller. Responses due by 11/2/2023. Certificate of Interested Parties due by 10/29/2023. Discovery Plan/Scheduling Order due by 12/3/2023. (Colonna, Richard) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. (Entered: 10/19/2023)
2023-10-2326MOTION for Leave to File Second Amended Complaint by Plaintiff Dale-Scott Heineman. Responses due by 11/6/2023. (Attachments: # 1 Second Amended Complaint) (AMMi) (Entered: 10/24/2023)
2023-10-2327CERTIFICATE of Interested Parties by Dale-Scott Heineman. There are no known interested parties other than those participating in the case (AMMi) (Entered: 10/24/2023)
2023-10-2428SUMMONS Returned Executed by Dale-Scott Heineman re 18 Summons Issued. Ismail Ramsey served on 10/23/2023. (CT) (Entered: 10/25/2023)
2023-11-0229RESPONSE to 25 Motion to Dismiss, by Plaintiff Dale-Scott Heineman. Replies due by 11/9/2023. (LG) (Entered: 11/02/2023)
2023-11-0630RESPONSE to 26 Motion for Leave to File Document/Excess Pages by Defendants Merrick Garland, Stephanie M. Hinds, James E. Keller. Replies due by 11/13/2023. (Colonna, Richard) (Entered: 11/06/2023)
2023-11-0631ERRATA to 30 Response by Defendants Merrick Garland, Stephanie M. Hinds, James E. Keller.. (Attachments: # 1 Errata Corrected Opposition)(Colonna, Richard) (Entered: 11/06/2023)
2023-11-0932REPLY to Response to 25 Motion to Dismiss,, by Defendants Merrick Garland, Stephanie M. Hinds, James E. Keller. (Colonna, Richard) (Entered: 11/09/2023)
2023-11-1433Plaintiff's Opposition to 31 Errata to United States' Opposition to Plaintiff's Motion for Leave to File Second Amended Complaint and Motion to Extend Time as Affidavit by Plaintiff Dale-Scott Heineman. (CAH) Modified on 11/15/2023 26 (WJ). (Entered: 11/14/2023)
2023-11-1434PLAINTIFF'S NOTICE of Default and Non-response as Affidavit by Dale-Scott Heineman. (CAH) (Entered: 11/14/2023)
2023-11-3035MOTION for Hearing and Request for Extension of Time to File Discovery Plan, as Affidavit by Plaintiff Dale-Scott Heineman. Responses due by 12/14/2023. (CAH) (misc) (pleading) (Entered: 11/30/2023)
2023-11-3036MOTION to Stay Discovery re 25 Motion to Dismiss,, by Defendants Merrick Garland, Stephanie M. Hinds, James E. Keller. Responses due by 12/14/2023. (Attachments: # 1 Exhibit A)(Colonna, Richard) (Entered: 11/30/2023)
2023-12-0437RESPONSE to 36 Motion to Stay Case or Discovery by Plaintiff Dale-Scott Heineman. Replies due by 12/11/2023. (AMMi) (Entered: 12/04/2023)
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