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Case Title5280 Publishing, Inc. et al v. United States Department of Defense et al
DistrictDistrict of Colorado
CityDenver
Case Number1:2006cv01367
Date Filed2006-07-14
Date Closed2007-12-05
JudgeJudge Zita L. Weinshienk
Plaintiff5280 Publishing, Inc.
doing business as 5280 Magazine
PlaintiffMaximillian Potter
Case Description5280 Publishing submitted a FOIA request to the Department of Defense for records concerning employer-employee disputes mediated in Colorado by the National Guard and Reserve ombudsman. 5280 Publishing also requested expedited processing. Its request for expedited processing was denied. 5280 Publishing filed an administrative appeal of the agency's denial of expedited processing. 5280 Publishing learned that the National Guard and Reserve had sent a directive to its volunteer mediators to destroy any records of mediations that had already been reported as closed. After hearing nothing further from the agency, 5280 Publishing filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Jurisdiction - Injunction, Litigation - Attorney's fees

DefendantUnited States Department of Defense an agency of the United States Government
DefendantNational Committee for Employer Support of the Guard and Reserve a congressionally established office within U.S. Department of Defense
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Opinion/Order [7]
Opinion/Order [23]
Opinion/Order [25]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2006-07-141Verified COMPLAINT against United States Department of Defense, National Committee for Employer Support of the Guard and Reserve ( Filing fee $ 350, Receipt Number 269643) Summons Issued, filed by 5280 Publishing, Inc., Maximillian Potter. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Civil Cover Sheet # 9 Receipt)(gms, ) (Entered: 07/14/2006)
2006-07-142MOTION for Temporary Restraining Order by Plaintiffs 5280 Publishing, Inc., Maximillian Potter. (Attachments: # 1 Proposed Order (PDF Only) # 2 TRO Information Sheet)(gms, ) (Entered: 07/14/2006)
2006-07-143DECLARATION of Christopher P. Beall in support ot MOTION for Temporary Restraining Order 2 by Plaintiffs 5280 Publishing, Inc., Maximillian Potter. (gms, ) (Entered: 07/14/2006)
2006-07-144CORPORATE DISCLOSURE STATEMENT by Plaintiff 5280 Publishing, Inc. (gms, ) (Entered: 07/14/2006)
2006-07-145AFFIDAVIT re 2 MOTION for Temporary Restraining Order by Maximillian Potter by Plaintiffs 5280 Publishing, Inc., Maximillian Potter. (Beall, Christopher) (Entered: 07/14/2006)
2006-07-196STIPULATION re 2 MOTION for Temporary Restraining Order by Plaintiffs 5280 Publishing, Inc., Maximillian Potter. (Beall, Christopher) (Entered: 07/19/2006)
2006-07-207ORDER finding as moot 2 Motion for Temporary Restraining Order, parties to pay their own fees and costs with respect to the motion. Signed by Judge Zita L. Weinshienk on 07/19/06. (rlp, ) (Entered: 07/20/2006)
2006-08-168MOTION for Extension of Time to File Answer re 1 Complaint, by Defendants United States Department of Defense, National Committee for Employer Support of the Guard and Reserve. (Traskos, Kevin) (Entered: 08/16/2006)
2006-08-189MINUTE ORDER Granting 8 Denfendants' Motion for Extension of Time to Answer re 1 Complaint, United States Department of Defense answer due 9/5/2006; National Committee for Employer Support of the Guard and Reserve answer due 9/5/2006. Entered by Judge Zita L. Weinshienk on 8/17/06. (pap, ) (Entered: 08/18/2006)
2006-08-1810ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty by Judge Weinshienk. (pap, ) (Entered: 08/18/2006)
2006-08-2111MINUTE ORDER Scheduling Conference set for 10/23/2006 09:30 AM in Courtroom A 601 before Magistrate Judge Michael E. Hegarty.Entered by Judge Michael E. Hegarty on 8/21/06. (pap, ) (Entered: 08/21/2006)
2006-09-0512ANSWER to Complaint by United States Department of Defense, National Committee for Employer Support of the Guard and Reserve.(Traskos, Kevin) (Entered: 09/05/2006)
2006-10-1313MINUTE ORDER : Scheduling Conference reset for 11/20/2006 09:15 AM before Magistrate Judge Michael E. Hegarty, by Judge Michael E. Hegarty on 10/13/06. (gms, ) (Entered: 10/13/2006)
2006-11-1714MINUTE ORDER Pursuant to the parties notice to the Court that they are actively working toward a resolution of this case, the Scheduling Conference set for November 20, 2006, at 9:15 a.m. is vacated. The Court is working with the parties toward this resolution and will reset the Scheduling Conference if necessary. Signed by Magistrate Judge Michael E. Hegarty on 11/17/06. (erv, ) (Entered: 11/17/2006)
2007-05-1415NOTICE of Change of Address and Firm Affiliation by Christopher P. Beall (Beall, Christopher) (Entered: 05/14/2007)
2007-10-1816MINUTE ORDER that Plaintiffs shall file a status report with the Court on or before 10/29/07 by Judge Zita L. Weinshienk on 10/18/07. (jjh, ) (Entered: 10/19/2007)
2007-10-2317MINUTE ORDER setting Settlement Conference set for 10/30/2007 04:30 PM in Courtroom C203 before Magistrate Judge Michael E. Hegarty by Magistrate Judge Michael E. Hegarty on 10/23/07. (jjh, ) (Entered: 10/23/2007)
2007-10-2318Unopposed MOTION to Reset Settlement Conference by Plaintiffs 5280 Publishing, Inc., Maximillian Potter. (Attachments: # 1 Proposed Order (PDF Only))(Beall, Christopher) (Entered: 10/23/2007)
2007-10-2319MEMORANDUM regarding 18 Unopposed MOTION to Reset Settlement Conference filed by 5280 Publishing, Inc., Maximillian Potter. Motions referred to Magistrate Judge Michael E. Hegarty by Judge Zita L. Weinshienk on 10/23/07. (Text Only Entry - No Document Attached)(jjh, ) (Entered: 10/23/2007)
2007-10-2520ORDER granting Plaintiffs' Unopposed 18 Motion to Reset Settlement Conference for 11/1/2007 10:00 AM in Courtroom C203 before Magistrate Judge Michael E. Hegarty by Magistrate Judge Michael E. Hegarty on 10/25/07.(jjh, ) (Entered: 10/25/2007)
2007-10-2921STATUS REPORT by Plaintiffs 5280 Publishing, Inc., Maximillian Potter. (Beall, Christopher) (Entered: 10/29/2007)
2007-11-0122Minute Entry for proceedings held before Magistrate Judge Michael E. Hegarty: Settlement Conference held on 11/1/2007. A Written Record was made. Dismissal papers shall be filed by the end of November. (jjh, ) (Entered: 11/01/2007)
2007-11-0723ORDER that this case be held in abeyance pending the filing of settlement papers by 11/30/07. Signed by Judge Zita L. Weinshienk on 11/07/07. (jjh, ) (Entered: 11/07/2007)
2007-12-0324STIPULATION of Dismissal of Case by Plaintiffs 5280 Publishing, Inc., Maximillian Potter. (Beall, Christopher) (Entered: 12/03/2007)
2007-12-0525ORDER DISMISSING CASE with Prejudice, the parties to pay their own costs and attorney fees. Signed by Judge Zita L. Weinshienk on 12/05/07. (jjh, ) (Entered: 12/05/2007)
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by FOIA Project Staff