U.S. District Court
Western District of Texas (San Antonio)
CIVIL DOCKET FOR CASE #: 5:16-cv-00972-RCL

Eakin v. United States Department of Defense
Assigned to: Judge Xavier Rodriguez
Reassigned to: Judge Royce C. Lamberth on 03/14/2017
Cause: 05:552 Freedom of Information Act

Date Filed: 09/30/2016
Jury Demand: None
Nature of Suit: 895 Freedom of Information Act
Jurisdiction: U.S. Government Defendant

Plaintiff

 

John Eakin

represented by

John Eakin
9865 Tower View Road
Helotes, TX 78023
210-695-2204
Email: jeakin@airsafety.com
PRO SE

V.

 

 

Defendant

 

 

United States Department of Defense

 

 

 

Date Filed

#

Docket Text

09/30/2016

 

THIS CASE HAS BEEN RANDOMLY ASSIGNED TO JUDGE XAVIER RODRIGUEZ. (fs) (Entered: 09/30/2016)

09/30/2016

 

If ordered by the court, all referrals will be assigned to Magistrate Judge Primomo. (fs) (Entered: 09/30/2016)

09/30/2016

1

COMPLAINT ( Filing fee $ 400 receipt number 500036375), filed by John Eakin. (Attachments: # 1 Civil Cover Sheet, # 2 Filing Fee Receipt)(fs) (Entered: 09/30/2016)

09/30/2016

2

MOTION For Leave to File Electronically by John Eakin. (fs) (Entered: 09/30/2016)

09/30/2016

3

Summons Issued as to United States Department of Defense, U.S. Attorney and U.S. Attorney Department of Justice (fs) (Entered: 09/30/2016)

09/30/2016

 

Text Order GRANTING 2 Motion for leave to file electronically entered by Judge Xavier Rodriguez. Plaintiff may file electronically pursuant to the electronic filing requirements for a pro se litigant set forth in the Administrative Policies and Procedures for Electronic Filing in Criminal and Civil Cases found on the Court's website. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lel) (Entered: 09/30/2016)

10/17/2016

4

SUMMONS Returned Executed by John Eakin. Department of Defense (Eakin, John) Modified on 10/17/2016 (rg). (Entered: 10/17/2016)

10/17/2016

5

SUMMONS Returned Executed by John Eakin. United States Department of Defense served on 10/11/2016, answer due 12/12/2016. (Eakin, John) (Entered: 10/17/2016)  DoJ

10/17/2016

6

SUMMONS Returned Executed by John Eakin. US Atty (Eakin, John) (Entered: 10/17/2016)

10/17/2016

 

Reset Deadlines: United States Department of Defense answer due 12/2/2016. (rg) (Entered: 10/17/2016)

10/18/2016

7

NOTICE Statutory time to answer FOIA complaint by John Eakin (Eakin, John) (Entered: 10/18/2016)

11/01/2016

8

Defendant's ANSWER to complaint.  Attorney Robert Shaw-Meadow added to party United States Department of Defense (pty:dft) by United States Department of Defense. (Shaw-Meadow, Robert)

11/01/2016

9

ORDER AND ADVISORY for Scheduling Recommendations/Proposed Scheduling Order. Plaintiff shall submit scheduling recommendations/proposed scheduling order to the Court. (Scheduling Recommendations/Proposed Scheduling Order due by 12-1-16); Notice of right to consent to disposition of a civil case by a U.s. Magistrate Judge. Signed by Judge Xavier Rodriguez. (jhw)

11/02/2016

 

Set/Reset Deadlines: Scheduling Recommendations/Proposed Scheduling Order due by 12/1/2016, (rf)

11/23/2016

10

CONSENT to Trial by US Magistrate Judge by John Eakin. (rf)

12/01/2016

11

STATUS REPORT Joint Rule 26(f) Report and Response to Court Order of November 1, 2016 by United States Department of Defense. (Shaw-Meadow, Robert)

12/01/2016

12

Scheduling Recommendations/Proposed Scheduling Order Joint by United States Department of Defense. (Shaw-Meadow, Robert)

12/01/2016

13

NON-CONSENT to Trial by US Magistrate Judge by United States Department of Defense. (Shaw-Meadow, Robert)

12/01/2016

14

NOTICE of Attorney Absence by United States Department of Defense (Shaw-Meadow, Robert)

12/07/2016

15

SCHEDULING ORDER: Plaintiff's amended pleadings or motions to join parties due 12-30-16; Defendant's motion to designate third parties, amend pleadings or join parties is 1-20-17; Pretrial Motions due 2-1-17. Signed by Judge Xavier Rodriguez. (jhw)

01/24/2017

16

MOTION for Summary Judgment by John Eakin. (Eakin, John)

01/31/2017

17

Opposed MOTION for Extension of Time to File Response/Reply as to [16] MOTION for Summary Judgment and to Submitt Cross Motion for Summary Judgment by United States Department of Defense. (Attachments: # (1) Exhibit, # (2) Exhibit)(Shaw-Meadow, Robert)

02/03/2017

18

Response in Opposition to Motion, filed by John Eakin, re [17] Opposed MOTION for Extension of Time to File Response/Reply as to [16] MOTION for Summary Judgment and to Submitt Cross Motion for Summary Judgment filed by Defendant United States Department of Defense (Attachments: # (1) Exhibit Exemplar FOIA request)(Eakin, John)

02/07/2017

19

NOTICE of Withdrawal and Substitution of Counsel by United States Department of Defense (Kruger, Mary)

02/09/2017

20

RESPONSE in Support, filed by United States Department of Defense, re [17] Opposed MOTION for Extension of Time to File Response/Reply as to [16] MOTION for Summary Judgment and to Submitt Cross Motion for Summary Judgment filed by Defendant United States Department of Defense (Attachments: # (1) Proposed Order)(Kruger, Mary)

03/14/2017

21

ORDER REASSIGNING CASE. Case reassigned to Judge Royce C. Lamberth for all proceedings. Judge Xavier Rodriguez no longer assigned to case. Signed by Judge Xavier Rodriguez. (rg)

06/01/2017

22

Cross MOTION for Summary Judgment and Response to Plaintiff's Motion for Summary Judgment, MOTION to Stay Case in the Alternative by United States Department of Defense. (Attachments: # (1) Response to Plaintiff's Statement of Material Facts, # (2) Exhibit 1- Wey Declaration)(Kruger, Mary)

06/07/2017

23

MOTION to Strike [22] Cross MOTION for Summary Judgment and Response to Plaintiff's Motion for Summary Judgment MOTION to Stay Case in the Alternative by John Eakin. (Eakin, John)

06/07/2017

24

Response in Opposition to Motion, filed by John Eakin, re [22] Cross MOTION for Summary Judgment and Response to Plaintiff's Motion for Summary Judgment MOTION to Stay Case in the Alternative filed by Defendant United States Department of Defense (Eakin, John)

06/14/2017

25

RESPONSE to Motion, filed by United States Department of Defense, re [23] MOTION to Strike [22] Cross MOTION for Summary Judgment and Response to Plaintiff's Motion for Summary Judgment MOTION to Stay Case in the Alternative filed by Plaintiff John Eakin (Kruger, Mary)

06/14/2017

26

RESPONSE in Support, filed by United States Department of Defense, re [22] Cross MOTION for Summary Judgment and Response to Plaintiff's Motion for Summary Judgment MOTION to Stay Case in the Alternative filed by Defendant United States Department of Defense (Kruger, Mary)

08/02/2017

27

ORDER GRANTING [17] Motion for Extension of Time to File Response/Reply nunc pro tunc Signed by Judge Royce C. Lamberth. (ad)

08/02/2017

28

ORDER MOOTING [23] Motion to Strike Signed by Judge Royce C. Lamberth. (ad)

08/02/2017

29

MEMORANDUM OPINION. Signed by Judge Royce C. Lamberth. (ad)

08/02/2017

30

ORDER GRANTING IN PART AND DENYING IN PART [16] Motion for Summary Judgment; DENYING [22] Motion for Summary Judgment; GRANTING [22] Motion to Stay Case Signed by Judge Royce C. Lamberth. (ad)

 

 

 

 

 

 

Updated:  August 3, 2017

 

 

 

 

http://bataanmissing.com/FOIA2/