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Case TitleNuclear Watch v. DOE, et al
DistrictDistrict of New Mexico
CitySanta Fe
Case Number6:2006cv00221
Date Filed2006-03-23
Date Closed2008-10-31
JudgeChief Judge Bruce D. Black
PlaintiffNuclear Watch New Mexico
Case DescriptionNuclear Watch New Mexico submitted a FOIA request to the National Nuclear Security Administration for records concerning a ten-year site plan for Los Alamos National Laboratory. The agency provided some records and NWNM filed an administrative appeal. After hearing nothing further from the agency, NWNM filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Department of Energy National Nuclear Security Administration
Documents
Docket
Complaint
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Docket Events (Hide)
Date FiledDoc #Docket Text

2006-03-231COMPLAINT for Declaratory & Injunctive Relief (1 Summons issued) (referred to Magistrate Judge William P. Lynch) (td) (Entered: 03/24/2006)
2006-03-23FILING FEE PAID: on 3/23/06 in the amount of $250.00, receipt #: 505439. (td) (Entered: 03/24/2006)
2006-03-272RETURN OF SERVICE executed upon defendant DOE on 3/23/06 (served by certified mail) (pz) (Entered: 03/28/2006)
2006-04-213ENTRY OF APPEARANCE for defendant DOE by Cynthia L Weisman, Pamela Arias-Ortega * (vv) (Entered: 04/21/2006)
2006-04-214UNOPPOSED MOTION by defendant to extend time to answer or otherwise respond until 5/24/06 * (vv) (Entered: 04/21/2006)
2006-04-275ORDER by District Judge Bruce D. Black granting deft's motion to extend time to answer or otherwise respond until 5/24/06 [4-1] (cc: all counsel) (vv) (Entered: 04/27/2006)
2006-05-236SECOND UNOPPOSED MOTION by defendant to extend time to answer or otherwise respond to complaint until 6/7/06 * (vv) (Entered: 05/23/2006)
2006-05-257ORDER by District Judge Bruce D. Black granting deft's motion to extend time to answer or otherwise respond to complaint until 6/7/06 [6-1] (cc: all counsel) (vv) (Entered: 05/25/2006)
2006-06-028THIRD UNOPPOSED MOTION by defendant DOE to extend time to answer or otherwise respond to complaint until 7/21/06 * (vv) (Entered: 06/02/2006)
2006-06-079STIPULATED ORDER by District Judge Bruce D. Black granting third motion for extension of time to answer complaint until 7/21/06 [8-1] (cc: all counsel) (ln) (Entered: 06/07/2006)
2006-06-2110JOINT MOTION by parties herein for fourth extension of time to answer until 7/21/06 * (pr) (Entered: 06/21/2006)
2006-06-2311STIPULATED ORDER by District Judge Bruce D. Black granting the joint motion for fourth extension of time to answer until 7/21/06 [10-1] (cc: all counsel) (jrm) (Entered: 06/23/2006)
2006-07-1312MOTION by defendant to dismiss case * (vv) (Entered: 07/13/2006)
2006-07-2813RESPONSE by plaintiff to motion to dismiss case [12-1] * (vv) Modified on 07/31/2006 (Entered: 07/31/2006)
2006-07-3014MOTION by plaintiff to amend or supplement complaint * (vv) Modified on 08/17/2006 (Entered: 07/31/2006)
2006-08-0315INITIAL SCHEDULING ORDER by Magistrate Judge William P. Lynch Telephonic Rule 16 scheduling conference set for 9/25/06 at 9:00 am; provisional discovery plan & IPTR due 9/11/06 (cc: all counsel) * (vv) (Entered: 08/03/2006)
2006-08-1516JOINT MOTION to vacate initial scheduling order * (dmw) (Entered: 08/15/2006)
2006-08-1517REPLY by deft to pltf's response to motion to dismiss case [12-1]* (ln) (Entered: 08/15/2006)
2006-08-1618ORDER by Magistrate Judge William P. Lynch granting the parties joint motion to vacate initial scheduling order [16-1] (cc: all counsel) (rg) (Entered: 08/16/2006)
2006-08-1619NOTICE by defendant of completion of briefing of mtn to dismiss [12-1] * (vv) (Entered: 08/16/2006)
2006-08-1720RESPONSE by defendant to motion to amend or supplement complaint [14-1] * (vv) (Entered: 08/17/2006)
2006-08-2221NOTICE of hearing on motion to dismiss case [12-1] at 2:00 pm on 9/25/06 before Judge Black in Santa Fe (cc: all counsel) * (vv) (Entered: 08/22/2006)
2006-09-0522REPLY by plaintiff to response to motion to amend or supplement complaint [14-1] * (vv) (Entered: 09/05/2006)
2006-09-0523NOTICE by plaintiff of supplemental authority * (vv) (Entered: 09/05/2006)
2006-09-0624NOTICE by plaintiff of completion of briefing of mtn to amend or supplement complaint [14-1] * (vv) (Entered: 09/06/2006)
2006-09-1425ORDER by District Judge Bruce D. Black granting pltf's motion to amend or supplement complaint [14-1] (cc: all counsel) * (vv) (Entered: 09/14/2006)
2006-09-1826AMENDED COMPLAINT [1-1] by plaintiff * (vv) (Entered: 09/18/2006)
2006-09-2827CLERK'S MINUTES: before District Judge Bruce D. Black re motion to dismiss case [12-1] C/R: J Bean * (vv) (Entered: 09/28/2006)
2006-10-0228ANSWER by defendant to amended complaint [26-1] * (vv) (Entered: 10/02/2006)
2006-10-12TRANSCRIPT OF PROCEEDINGS of motion hearing before District Judge Bruce D. Black held on 09/25/06; (re [27-1] ) lodged in separate file folder (pg) (Entered: 10/12/2006)
2006-10-1829ORDER by District Judge Bruce D. Black denying deft's mtn to dismiss case [12-1] as being moot (cc: all counsel) (td) (Entered: 10/18/2006)
2007-01-2230Joint MOTION for Issuance of First Briefing Schedule by United States Department of Energy. (Weisman, Cynthia) (Entered: 01/22/2007)
2007-03-0831ORDER by Judge Bruce D. Black granting 30 Motion for First Briefing Schedule; (emr) (Entered: 03/08/2007)
2007-03-3032MOTION for Summary Judgment by Nuclear Watch New Mexico. (Mietz, Richard) (Entered: 03/30/2007)
2007-03-3033MOTION for Partial Summary Judgment or in the Alternative for Partial Dismissal and Memorandum in Support by United States Department of Energy. (Attachments: # 1 Exhibit A Declaration of T. Apodaca# 2 Exhibit A1 NNSA letter 6/8/05# 3 Exhibit A2 10/14/05 NNSA email# 4 Exhibit A3 10/20/05 NNSA letter# 5 Exhibit A4 11/3/05 email# 6 Exhibit A5 6/9/06 NNSA letter# 7 Exhibit A6 6/26/06 NNSA letter# 8 Exhibit A71/4/06 NNSA email# 9 Exhibit A8 9/21/06 NNSA letter# 10 Exhibit A9 USAO letter 3/2/07# 11 Exhibit B Declaration C. Becknell# 12 Exhibit B1 12/6/05 NNSA letter# 13 Exhibit B2 8/22/06 NNSA letter# 14 Exhibit C Declaration of T. Loughead)(Weisman, Cynthia) (Entered: 03/30/2007)
2007-03-3034MEMORANDUM in Support of Plaintiff's Motion for Summary Judgment filed by Nuclear Watch New Mexico. (Attachments: # 1 Declaration of James J. Coghlan# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G# 9 Exhibit H)(Mietz, Richard) (Entered: 03/30/2007)
2007-04-1335Joint MOTION for Second Briefing Schedule by United States Department of Energy. (Weisman, Cynthia) (Entered: 04/13/2007)
2007-04-1736ORDER by Judge Bruce D. Black granting 35 Motion for Second Briefing Schedule; Motions for summary judgment due 05/30/07, responses due 06/29/07 and replies (if any) due 07/31/2007. (emr) (Entered: 04/17/2007)
2007-05-1037RESPONSE in Opposition re 32 MOTION for Summary Judgment filed by United States Department of Energy. (Weisman, Cynthia) (Entered: 05/10/2007)
2007-05-1038RESPONSE in Opposition re 33 MOTION for Partial Summary Judgment or in the Alternative for Partial Dismissal and Memorandum in Support filed by Nuclear Watch New Mexico. (Attachments: # 1 Declaration of James J. Coghlan# 2 Exhibit A# 3 Exhibit B)(Mietz, Richard) (Entered: 05/10/2007)
2007-05-2539Joint MOTION for Extension of Time to File to Amend Second Briefing Schedule by United States Department of Energy. (Weisman, Cynthia) (Entered: 05/25/2007)
2007-05-3040ORDER by Judge Bruce D. Black granting 39 Motion to Amend Second Briefing Schedule; motions for summary judgment due July 9, 2007, responses due August 6, 2007 and replies due August 31, 2007. (emr) (Entered: 05/30/2007)
2007-06-1341REPLY to Response to Motion re 33 MOTION for Partial Summary Judgment or in the Alternative for Partial Dismissal and Memorandum in Support filed by United States Department of Energy. (Weisman, Cynthia) (Entered: 06/13/2007)
2007-06-1342MOTION for Leave to File Excess Pages by Nuclear Watch New Mexico. (Mietz, Richard) (Entered: 06/13/2007)
2007-06-1343REPLY to Response to Motion re 32 MOTION for Summary Judgment filed by Nuclear Watch New Mexico. (Mietz, Richard) (Entered: 06/13/2007)
2007-06-1444NOTICE of Briefing Complete by United States Department of Energy re 33 MOTION for Partial Summary Judgment or in the Alternative for Partial Dismissal and Memorandum in Support filed by United States Department of Energy (Weisman, Cynthia) (Entered: 06/14/2007)
2007-06-1545ORDER by Judge Bruce D. Black granting 42 Motion for Leave to File Excess Pages (emr) (Entered: 06/15/2007)
2007-06-1846NOTICE of Briefing Complete by Nuclear Watch New Mexico re 32 MOTION for Summary Judgment filed by Nuclear Watch New Mexico (Mietz, Richard) (Entered: 06/18/2007)
2007-06-2847Second MOTION for Extension of Time to File 2nd Joint Motion to Amend 2nd Briefing Schedule by United States Department of Energy. (Weisman, Cynthia) (Entered: 06/28/2007)
2007-06-2948ORDER by Judge Bruce D. Black granting 47 Motion to Amend Second Briefing Schedule; Motions for Summary Judgment due July 23, 2007, responses due August 14, 2007 and replies (if any) due September 7, 2007.(emr) (Entered: 06/29/2007)
2007-07-2349MOTION to Dismiss or for Summary Judgment by United States Department of Energy. (Attachments: # 1 Exhibit A declaration C. Weisman / USAO# 2 Exhibit A1 letter 4/5/07 from USAO to Pltf counsel# 3 Exhibit A2 Vaughn Index / Kansas City# 4 Exhibit A3 Vaughn Index / Pantex# 5 Exhibit A4 letter 5/10/07 from Pltf counsel to USAO# 6 Exhibit B declaration S. Taylor / Kansas City# 7 Exhibit C declaration D. Glenn / Pantex)(Weisman, Cynthia) (Entered: 07/23/2007)
2007-07-2350MOTION for Summary Judgment on Redactions by Nuclear Watch New Mexico. (Mietz, Richard) (Entered: 07/23/2007)
2007-07-2351MEMORANDUM in Support re 50 MOTION for Summary Judgment on Redactions filed by Nuclear Watch New Mexico. (Mietz, Richard) (Entered: 07/23/2007)
2007-07-2352Declaration re 50 Motion for Summary Judgment filed by Nuclear Watch New Mexico. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G)(Mietz, Richard) Modified to create link and edit text on 7/25/2007 (td). (Entered: 07/23/2007)
2007-08-1453RESPONSE in Opposition re 50 MOTION for Summary Judgment on Redactions filed by United States Department of Energy. (Weisman, Cynthia) (Entered: 08/14/2007)
2007-08-1454RESPONSE to Motion re 49 MOTION to Dismiss or for Summary Judgment filed by Nuclear Watch New Mexico. (Mietz, Richard) (Entered: 08/14/2007)
2007-09-0755REPLY to Response to Motion re 49 MOTION to Dismiss or for Summary Judgment filed by United States Department of Energy. (Weisman, Cynthia) (Entered: 09/07/2007)
2007-09-0756REPLY re 50 MOTION for Summary Judgment on Redactions filed by Nuclear Watch New Mexico. (Mietz, Richard) (Entered: 09/07/2007)
2007-09-0757DECLARATION re 56 Reply to Defendant's Response to Plaintiff's Motion for Summary Judgment by Nuclear Watch New Mexico (Mietz, Richard) (Entered: 09/07/2007)
2007-09-1958MOTION to Strike 57 Declaration Filed in Support of Reply Brief by United States Department of Energy. (Weisman, Cynthia) (Entered: 09/19/2007)
2007-09-1959MEMORANDUM OPINION AND ORDER by Judge Bruce D. Black Granting 32 Plaintiff's MOTION for Summary Judgment, and denying 33 Defendant's MOTION for Partial Summary Judgment or in the Alternative for Partial Dismissal and Memorandum in Support as moot. (mr) (Entered: 09/19/2007)
2007-10-0960Plaintiff's RESPONSE re 58 MOTION to Strike 57 Declaration Filed in Support of Reply Brief filed by Nuclear Watch New Mexico. (Mietz, Richard) (Entered: 10/09/2007)
2007-10-3061NOTICE of Briefing Complete by United States Department of Energy re 58 MOTION to Strike 57 Declaration Filed in Support of Reply Brief filed by United States Department of Energy (Weisman, Cynthia) (Entered: 10/30/2007)
2007-11-2862NOTICE of Hearing on 50 MOTION for Summary Judgment on Redactions and 49 MOTION to Dismiss or for Summary Judgment set for 12/5/2007 10:00 AM in Santa Fe - main Courtroom before District Judge Bruce D. Black. (emr) (Entered: 11/28/2007)
2007-11-3063Unopposed MOTION to Continue Hearing (Doc. 62) by United States Department of Energy. (Weisman, Cynthia) (Entered: 11/30/2007)
2007-12-0464ORDER by Judge Bruce D. Black granting 63 Motion to Continue. December 5, 2007 hearing vacated. Reset to 01/17/2008 at 1:30 pm. (emr) (Entered: 12/04/2007)
2007-12-04Set/Reset Deadlines as to 49 MOTION to Dismiss or for Summary Judgment , 50 MOTION for Summary Judgment on Redactions reset for 1/17/2008 01:30 PM in Albuquerque - 320 Rio Grande Courtroom before District Judge Bruce D. Black. (emr) (Entered: 12/04/2007)
2008-01-1465NOTICE of Hearing: Motion Hearing set for 1/17/2008 01:30 PM is moved from Albuquerque to Santa Fe - Second Floor Auxiliary Courtroom before District Judge Bruce D. Black. (emr) (Entered: 01/14/2008)
2008-01-1766ORDER by Judge Bruce D. Black denying 58 Motion to Strike (emr) (Entered: 01/17/2008)
2008-01-2568TRANSCRIPT of Motion Proceedings held on 1/17/2008 before Judge Black. Court Reporter: J. Bean. (pg) (Entered: 01/28/2008)
2008-01-3069Clerk's Minutes for proceedings held before Judge Bruce D. Black on 1/18/2008. (Court Reporter J. Bean.) (emr) (Entered: 01/30/2008)
2008-02-1270Joint MOTION to Extend (other) by United States Department of Energy. (Weisman, Cynthia) (Entered: 02/12/2008)
2008-02-1371ORDER by Judge Bruce D. Black granting 70 Motion for Extension of Time. Briefs will be due on or before March 19, 2008. (emr) (Entered: 02/13/2008)
2008-03-1972STATUS REPORT Joint by United States Department of Energy (Weisman, Cynthia) (Entered: 03/19/2008)
2008-04-1773STATUS REPORT Second Joint Status Report by United States Department of Energy (Attachments: # 1 Exhibit 1 NNSA Guidelines)(Weisman, Cynthia) (Entered: 04/17/2008)
2008-06-1374STATUS REPORT (Third) by United States Department of Energy (Weisman, Cynthia) (Entered: 06/13/2008)
2008-07-2175NOTICE of Appearance by Raymond Hamilton on behalf of United States Department of Energy (Hamilton, Raymond) (Entered: 07/21/2008)
2008-07-2976Joint MOTION for Order (Stipulated) by United States Department of Energy. (Hamilton, Raymond) (Entered: 07/29/2008)
2008-07-3077STIPULATED ORDER by District Judge Bruce D. Black as further described herein (mjr) (Entered: 07/30/2008)
2008-08-1478NOTICE by United States Department of Energy of Withdrawal of Counsel (Weisman, Cynthia) (Entered: 08/14/2008)
2008-10-2979STIPULATION of Dismissal with Prejudice and Compromise Settlement by United States Department of Energy (Hamilton, Raymond) (Entered: 10/29/2008)
2008-10-3180ORDER DISMISSING CASE WITH PREJUDICE by District Judge Bruce D. Black. (pz) (Entered: 10/31/2008)
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