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Western District of Texas (San Antonio)
CIVIL DOCKET FOR CASE #: 5:10-cv-00784-FB-NSN
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Eakin
v. United States Department of Defense et al Assigned
to: Chief Judge Fred Biery Referred
to: Judge Nancy Stein Nowak Cause: 05:552 Freedom of Information
Act |
Date
Filed: 09/28/2010 Jury
Demand: None Nature
of Suit: 895 Freedom of Information Act Jurisdiction: U.S. Government Defendant |
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Plaintiff |
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John Eakin |
represented by |
John Eakin 9865
Tower View Road Helotes,
TX 78023 210-695-2204 PRO
SE |
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V. |
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Defendant |
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United States
Department of Defense |
represented by |
Dimitri Narciso Rocha U.S.
Attorney's Office 601
N.W. Loop 410, Suite 600 San
Antonio, TX 78216 (210)
384-7396 Fax:
(210) 384-7358 Email:
Dimitri.Rocha@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED |
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Defendant |
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Robert M. Gates in his official
Capacity as Secretary of Defense |
represented by |
Dimitri Narciso Rocha (See
above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
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Defendant |
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United States
Department of the Army |
represented by |
Dimitri Narciso Rocha (See
above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
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Defendant |
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John McHugh in his official
Capacity as Secretary of the Army |
represented by |
Dimitri Narciso Rocha (See
above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
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Date Filed |
# |
Docket Text |
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09/28/2010 |
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Case
Assigned to Chief Judge Fred Biery. CM WILL NOW REFLECT THE JUDGE INITIALS AS
PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE
NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (tm) (Entered:
09/29/2010) |
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09/28/2010 |
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If
ordered by the court, all referrals will be assigned to Magistrate Judge
Nancy Stein Nowak (tm) (Entered: 09/29/2010) |
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09/28/2010 |
1 |
COMPLAINT ( Filing fee $
350 receipt number 500009100), filed by John Eakin. (Attachments: # 1 Civil Cover
Sheet / Receipt)(tm) (Entered: 09/29/2010) |
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09/28/2010 |
2 |
Summons
Issued as to Robert M. Gates, United States Department of Defense, U.S.
Attorney and U.S. Attorney General (tm) (Entered: 09/29/2010) |
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09/30/2010 |
3 |
ORDER REFERRING CASE to
Magistrate Judge Nancy Stein Nowak for pretrial proceedings including any
requests for injunctive relief. Signed by Chief Judge Fred Biery. (rg)
(Entered: 09/30/2010) |
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10/25/2010 |
4 |
SUMMONS
Returned Executed by United States Department of Defense. (rg) (Entered:
10/26/2010) |
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10/25/2010 |
5 |
SUMMONS
Returned Executed by John Eakin. (rg) (Entered: 10/26/2010) |
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10/25/2010 |
6 |
SUMMONS
Returned Executed by John Eakin. (rg) (Entered: 10/26/2010) |
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10/25/2010 |
7 |
SUMMONS
Returned Executed by John Eakin. United States Attorney's Office served on
9/29/2010, answer due 11/29/2010. (rg) Modified on 10/26/2010 to correct the party
served by this Summons. (kh2). (Entered: 10/26/2010) |
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11/01/2010 |
8 |
Unopposed
MOTION for Extension of
Time to File Answer re 1 Complaint by Robert M. Gates, United States
Department of Defense.. Motions referred to Judge Nancy Stein Nowak. (Rocha,
Dimitri) (Entered: 11/01/2010) |
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11/02/2010 |
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Text
Order GRANTING 8 Unopposed Motion for Extension of Time to Answer. Defendants'
shall file their answer or other response on or before December 1, 2010.
entered by Judge Nancy Stein Nowak. (This is a text-only entry generated by
the court. There is no document associated with this entry.) (mbb) (Entered:
11/02/2010) |
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11/02/2010 |
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Set/Reset
Deadlines: Robert M. Gates answer due 12/1/2010; United States Department of
Defense answer due 12/1/2010. (tm) (Entered: 11/02/2010) |
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11/19/2010 |
9 |
Order for Scheduling
Recommendations/Proposed Scheduling Order. Plaintiff shall submit a
scheduling recommendations/proposed scheduling order to the Court within
sixty (60) days after the appearance of any defendant. Signed by Judge Nancy
Stein Nowak. (tm) (Entered: 11/22/2010) |
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12/01/2010 |
10 |
ANSWER
to 1 Complaint by Robert M. Gates, United States Department of
Defense.(Rocha, Dimitri) (Entered: 12/01/2010) |
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12/06/2010 |
11 |
NOTICE
of
Attorney Leave by Robert M. Gates, United States Department of
Defense (Rocha, Dimitri) (Entered: 12/06/2010) |
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12/30/2010 |
12 |
MOTION
to Amend Complaint by John Eakin. (Attachments: # 1 First Amended Complaint).
Motions referred to Judge Nancy Stein Nowak. ***Summons received and being
held until ruling on motion.***(tm) (Entered: 12/30/2010) |
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01/05/2011 |
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Text
Order GRANTING 12 unopposed Motion to Amend Complaint entered by Judge Nancy
Stein Nowak. The Clerk is directed to file the proposed First Amended
Complaint attached to the motion for leave to amend.(This is a text-only
entry generated by the court. There is no document associated with this
entry.) (NSN) (Entered: 01/05/2011) |
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01/05/2011 |
13 |
FIRST
AMENDED COMPLAINT against Robert M. Gates, United States Department of
Defense, United States Department of the Army, John McHugh amending 1 Complaint
filed by John Eakin.(rf) (Entered: 01/06/2011) |
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01/05/2011 |
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Summons
Issued as to John McHugh, United States Department of the Army, U.S. Attorney
and U.S. Attorney General (rg) (Entered: 01/07/2011) |
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01/20/2011 |
14 |
Amended ANSWER
to 13 Amended Complaint by Robert M. Gates, John McHugh,
United States Department of Defense, United States Department of the
Army.(Rocha, Dimitri) (Entered: 01/20/2011) |
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01/21/2011 |
15 |
Scheduling
Recommendations/Proposed Scheduling Order by John Eakin, Robert M. Gates,
John McHugh, United States Department of Defense, United States Department of
the Army. (Rocha, Dimitri) (Entered: 01/21/2011) |
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01/27/2011 |
16 |
ADVISORY
TO THE COURT by Robert M. Gates, John McHugh, United States Department
of Defense, United States Department of the Army. (Rocha, Dimitri) (Entered:
01/27/2011) |
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02/09/2011 |
17 |
SCHEDULING
ORDER: ADR Report Deadline due by 3/1/2011. Amended Pleadings due by
4/1/2011. Joinder of Parties due by 4/1/2011. Dispositive Motions due by
6/1/2011. Signed by Judge Nancy Stein Nowak. (rg) (Entered: 02/09/2011) |
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02/24/2011 |
18 |
ADR
Report Filed - by John Eakin, Robert M. Gates, John McHugh, United
States Department of Defense, United States Department of the Army(Rocha,
Dimitri) (Entered: 02/24/2011) |
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03/28/2011 |
19 |
MOTION
with Memorandum in Support for Summary Judgment by John Eakin.
(Attachments: A1
FOIA request to US Department of Defense, dated Jul 29, 2010 A2
FOIA response from US Department of Defense, dated Aug 11, 2010 A3
FOIA appeal to US Department of Defense, dated Aug 16, 2010 A4
FOIA response from US Department of Defense, dated Aug 26, 2010 A5
FOIA response from US Department of Defense, dated Nov 24, 2010 A6
FOIA response from US Department of Defense, dated Feb 3, 2011 B1
FOIA request to US Army Human Resources Command, dated Sep 10, 2010 B2
FOIA appeal to US Army Human Resources Command, dated Oct 20, 2010 B3
FOIA response from US Army Human Resources Command, dated Nov 22, 2010 B4
FOIA appeal to US Army Human Resources Command, dated Nov 24, 2010 B5
FOIA response from US Department of the Army, dated Feb 17, 2011 C
(Not Used) D
DPMO Memorandum, dated September 7, 2010, Subj: Historical research
concerning Grave 717, Cabanatuan Camp #3 Cemetery E
Correspondence between Mr. Herman Kelder and the US Army Quartermaster
General (7 letters total). Report of Interment, dated 7 Feb 46, Unknown
X-821 (KELDER, Arthur H.) F1
Janesville (WI) Gazette, May 30, 2010 F2
Port Clinton (OH) News Herald, July 29, 2010 F3
San Antonio (TX) Express-News, November 11, 2010 G1
Exemplar IDPF (Arthur H. Kelder) G2
Exemplar X-File (X-821 associated with Arthur H. Kelder) H
FOIA transmittal from US Army Human Resources Command of IDPF’s (Collins,
Hirschi, Kovach, Lobdell, Overbey, Ruark, Simmons, and Wood) and X-files
number 812, 814, 815, 816, 818, 820, 821, 822, 824, dated April 15, 2010.
(Received with no redactions) I
DPMO Memorandum, dated June 23, 2010, Subj: Policy on Information Access,
Transparency, and Sharing in Support of Personnel Accounting and Personnel
Recovery J1
Defense Prisoner of War/Missing Personnel Office web page titled: Basic
Research Information for Family Members of Unaccounted-for Americans http://www.dtic.mil/dpmo/archival_research/family_research/ J2
Joint POW/MIA Accounting Command (JPAC) web page titled: Search for
Casualties http://www.jpac.pacom.mil/index.php?page=frs&exempt=3&ind=4 |
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03/28/2011 |
20 |
SUMMONS
Returned Executed by John Eakin on the Chief, U.S. Army Litigation Division
on 1/18/2011. (rg) (Entered: 03/30/2011) |
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03/28/2011 |
21 |
SUMMONS
Returned Executed by John Eakin on John McHugh, Secretary of the Army on
1/18/2011. (rg) (Entered: 03/30/2011) |
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04/07/2011 |
22 |
Unopposed
MOTION for Extension of Time to File Answer Defendants' Unopposed
Motion for Extension of Time to Respond to Plaintiff's Motion for Summary
Judgment by Robert M. Gates, John McHugh, United States Department
of Defense, United States Department of the Army.. Motions referred to Judge
Nancy Stein Nowak. (Rocha, Dimitri) (Entered: 04/07/2011) |
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04/07/2011 |
23 |
NOTICE
Vacation Letter by Robert M. Gates, John McHugh,
United States Department of Defense, United States Department of the Army
(Rocha, Dimitri) (Entered: 04/07/2011) |
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04/08/2011 |
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Text
Order GRANTING 22 Unopposed Motion for Extension of Time to Answer.
Defendants shall have until April 29, 2011 to respond to Plaintiff's Motion
for Summary Judgment. Entered by Judge Nancy Stein Nowak. (This is a
text-only entry generated by the court. There is no document associated with
this entry.) (mbb) (Entered: 04/08/2011) |
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04/28/2011 |
24 |
Unopposed
MOTION for Extension of Time to File Response/Reply as to 19 MOTION for
Summary Judgment by Robert M. Gates, John McHugh, United States Department of
Defense, United States Department of the Army.. Motions referred to Judge
Nancy Stein Nowak. (Rocha, Dimitri) (Entered: 04/28/2011) |
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04/29/2011 |
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Text
Order GRANTING 24 Unopposed Motion for Extension of Time to File Response.
Defendants shall have up to and including May 6, 2011 to respond to
Plaintiff's Motion for Summary Judgment. Entered by Judge Nancy Stein Nowak.
(This is a text-only entry generated by the court. There is no document
associated with this entry.) (mbb) (Entered: 04/29/2011) |
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05/06/2011 |
25 |
Response
in Opposition to Motion, filed by Robert M. Gates, John
McHugh, United States Department of Defense, United States Department of the
Army, re 19 MOTION for Summary Judgment filed by Plaintiff John Eakin and
Defendants' Cross-Motion for Summary Judgment (Attachments: |
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05/06/2011 |
25 |
CROSS-MOTION for
Summary Judgment by Robert M. Gates, John McHugh, United States
Department of Defense, United States Department of the Army. (moton contained
in the response, document #25) Motions referred to Judge Nancy Stein Nowak.
(rg). Modified on 5/17/2011 to add document number (rg). (Entered:
05/17/2011) |
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05/17/2011 |
26 |
MOTION to
Strike 25 The Declaration of Dr. Cynthia A. Chambers - Exhibit C -
contained in Defendant's Response by John Eakin. Motions referred to Judge
Nancy Stein Nowak. (rg) (Entered: 05/17/2011) |
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05/17/2011 |
27 |
Response in
Opposition to Cross−Motion, filed by John Eakin, re 25 CROSS−MOTION for Summary Judgment filed
by Defendant United States Department of Defense, Defendant Robert
M. Gates, Defendant United States Department of the Army, Defendant John
McHugh (Attachments: # 1
Exhibit A, # 2 Exhibit B)(rg)
(Entered: 05/17/2011) |
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05/24/2011 |
28 |
REPLY to Response to
19 Motion, filed by Robert M. Gates, John McHugh, United States Department of Defense,
United States Department of the Army, re 25 MOTION for Summary Judgment filed by
Defendant United States Department of Defense, Defendant Robert M. Gates,
Defendant United States Department of the Army, Defendant John McHugh, 26 MOTION
to Strike 25 Response in Opposition to Motion, filed by Plaintiff John Eakin
(Attachments: # 1
Exhibit D, # 2
Exhibit E)(Rocha,
Dimitri) Modified on 5/25/2011. to link to doc #19 (rf). (Entered: 05/24/2011) |
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05/31/2011 |
29 |
REPLY to
Response to Motion, filed by John Eakin, re 26 MOTION to Strike 25 Response in Opposition to Motion, filed
by Plaintiff John Eakin. (rg) (Entered: 05/31/2011) |
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10/12/2011 |
OPPOSED
MOTION to Strike 25 Defendant's Response in Opposition to Motion for partial summary judgment and
Defendant's cross−motion for summary judgment and motion for sanctions, 28
Reply to Response to Motion by John Eakin. Motions referred to Judge Nancy
Stein Nowak. (rg) (Entered: 10/13/2011) |
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10/26/2011 |
31 |
MOTION to Strike
Plaintiff's Rule 11 Motion for Sanctions and Memorandum in Opposition to Motion, filed by Robert M.
Gates, John McHugh, United States Department of Defense, United States
Department of the Army, re 30 MOTION to Strike 25 Response in Opposition to
Motion, 28 Reply to Response to Motion,, MOTION to Strike 25 Response in
Opposition to Motion, 28 Reply to Response to Motion,, filed by Plaintiff John Eakin and
Defendants' Motion to Strike Plaintiff's Rule 11 Motion for Sanctions (Attachments: # 1 Exhibit F, # 2 Exhibit
G)(Rocha, Dimitri) Modified on 10/27/2011, to add
relief (rf). (Entered: 10/26/2011) |
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10/31/2011 |
REPLY to Response to
Motion, filed by John Eakin, re 30 MOTION to Strike 25 Response in Opposition to Motion, 28
Reply to Response to Motion, MOTION to Strike 25 Response in Opposition to Motion,
28 Reply to Response to Motion, filed by Plaintiff John Eakin. (rg) (Entered:
11/01/2011) |
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11/23/2011 |
ORDER DENYING as
moot 31 Motion to Strike. Signed by Judge Nancy Stein Nowak. (rg) (Entered: 11/23/2011) |
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11/28/2011 |
REPORT AND
RECOMMENDATIONS re 30 Motion to Strike, filed by John Eakin, be DENIED; 25 Motion for Summary
Judgment, filed by United States Department of Defense, Robert M. Gates, United
States Department of the Army, John McHugh, be GRANTED; 19 Motion for
Summary Judgment, filed by John Eakin, be DENIED; 26 Motion to Strike
filed by John Eakin be GRANTED. Signed by Judge Nancy Stein Nowak.
(mailed on 11/28/2011 by certified mail, or sent via electronic transmittal)(rg)
(Entered: 11/28/2011) |
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11/28/2011 |
ORDERED that this case is RETURNED to
the district court for all purposes. CASE NO LONGER REFERRED to Magistrate Judge
Nancy Stein Nowak. Signed by Judge Nancy Stein Nowak. (rg)
(Entered: 11/28/2011) |
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11/28/2011 |
Certified Mail Receipt #7005 1160 0005
0490 5117 addressed to John Eakin on the RR, Document #34. (rg) (Entered:
11/28/2011) |
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11/28/2011 |
MOTION to Compel Production, MOTION to
Amend Scheduling Order by John Eakin. (rf) (Entered: 11/29/2011) |
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11/28/2011 |
Memorandum in Support of 37 MOTION to
Compel MOTION to Amend/Correct by John Eakin. (rf) (Entered:
11/29/2011) |
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12/01/2011 |
39 |
Certified mail acknowledgment receipt
for magistrate report and recommendations re 34 Report and Recommendations, as to
John Eakin. (rg) (Entered: 12/02/2011) |
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12/09/2011 |
OBJECTIONS to 34 Report and Recommendations by John
Eakin. (rg) (Entered: 12/12/2011) |
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12/12/2011 |
OBJECTIONS to 34 Report and Recommendations −
Partial and 40 Response to Plaintiff's Objections to the Magistrate's Report
and Recommendation by Robert M. Gates, John McHugh, United States Department of
Defense, United States Department of the Army.. (Rocha, Dimitri) Modified
on 12/13/2011 to create link to document #40 (rg). (Entered: 12/12/2011) |
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12/13/2011 |
Response in Opposition to Motion, filed by Robert M.
Gates, John McHugh, United States Department of Defense, United States
Department of the Army, re 37 MOTION to Compel MOTION to Amend/Correct filed by
Plaintiff John Eakin (Rocha, Dimitri) (Entered: 12/13/2011) |
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12/16/2011 |
REPLY to 42 Defendant's Response in Opposition to
Motion to Compel and to Amend Scheduling Order, and to 41 Objection to
Report and Recommendations, by John Eakin. (rg) (Entered: 12/16/2011) |
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01/19/2012 |
SUPPLEMENT to 37 Opposed MOTION to Compel Production
or Allow Discovery by John Eakin. (rg) (Entered: 01/19/2012) |
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01/23/2012 |
ORDER ADOPTING REPORT
AND RECOMMENDATIONS for 34 Report and Recommendations. This case is DISMISSED with
Prejudice. Signed by Chief Judge Fred Biery. (rf) (Entered: 01/23/2012) |
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01/23/2012 |
JUDGMENT. Signed
by Chief Judge Fred Biery. (rf) (Entered: 01/23/2012) |