Case Detail

FOIA Project Annotation: A federal court in Pennsylvania has ruled that Speaking Truth to Power has not shown why the Department of Defense or the Department of Energy should be added as defendants in the organization's FOIA suit against the National Nuclear Security Administration for records pertaining to Broken Arrow incidents involving nuclear weapons that had the potential to lead to war. STTP sent the request to Defense, Energy and NNSA. Energy indicated that any involvement the agency had previously with nuclear weapons was taken over by the establishment of the NNSA. Defense said it did not have any records and Energy referred the request to NNSA. Sandia Corporation, the contractor for NNSA, found some records, but told STTP that Defense had primary responsibility for reporting Broken Arrow incidents. The court noted that because Defense had denied STTP's request for expedited processing, it was not required to file an administrative appeal on that issue. But, the court observed, "STTP challenges not DOD's denial of expedited processing but rather its failure to find responsive documents. There is no exception to the exhaustion requirement under this circumstance." STTP argued Energy should be added to its complaint because the agency had implied that it had been responsible for Broken Arrow incidents before NNSA was established. But the court indicated that "[DOE] counsel wrote that DOE had merely been 'involved' in the nuclear program and that NNSA later assumed responsibility for that involvement, not that DOE had exclusive control over the nuclear weapons program. There is simply no plausible basis for an action against DOE that would be sufficient to survive a motion to dismiss."
Issues: Litigation - Jurisdiction - Proper Party

Date Filed	Doc #	Docket Text
2014-03-10	1	COMPLAINT against UNITED STATES NATIONAL NUCLEAR SECURITY ADMINISTRATION ( Filing fee $ 400 receipt number 097481.), filed by SPEAKING TRUTH TO POWER. (Attachments: # 1 Civil Cover Sheet, # 2 Case Management Track Form, # 3 Designation Form)(rt) (Entered: 03/10/2014)
2014-03-10		Summons Issued as to UNITED STATES NATIONAL NUCLEAR SECURITY ADMINISTRATION. Two Given To: Counsel and One Given to AUSA on March 10, 2014 (rt) (Entered: 03/10/2014)
2014-03-10	2	Acceptance of Service by U.S. Attorney Re: accepted summons and complaint on behalf of the United States Attorney (only). (rf, ) (Entered: 03/10/2014)
2014-03-20	3	MOTION to Consolidate Cases Before a Single Judge filed by UNITED STATES NATIONAL NUCLEAR SECURITY ADMINISTRATION.Certificate of Nonopposition, Certifcate of Service.(JOHNSON, THOMAS) (Entered: 03/20/2014)
2014-03-25	4	ORDER THAT FEDERAL DEFENDANTS UNOPPOSED MOTION TO CONSOLIDATE THESE RELATED CASES BEFORE A SINGLE JUDGE IS GRANTED. CASES ARE HEREBY CONSOLIDTATED BEFORE JUDGE HARVEY BARTLE, III. SIGNED BY HONORABLE PETRESE B. TUCKER ON 3/24/14. 3/25/14 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 03/25/2014)
2014-03-31	5	NOTICE of Hearing: STATUS CONFERENCE SET FOR 4/3/2014 04:30 PM IN JUDGE CHAMBERS BEFORE HONORABLE HARVEY BARTLE III.(km, ) (Entered: 03/31/2014)
2014-04-04	6	ORDER THAT FACT DISCOVERY DUE BY 9/30/2014., DISPOSITIVE MOTIONS DUE BY 10/31/2014., MOTION FOR SUMMARY JUDGMENT DUE BY 10/31/2014.). SIGNED BY HONORABLE HARVEY BARTLE, III ON 4/4/14. 4/4/14 ENTERED AND COPIES EMAILED.(rf, ) *ORDER VACATED PER COURT ORDER OF 9/30/14, DOC. 12* (Entered: 04/04/2014)
2014-07-11	7	MOTION for Extension of Time to File Response/Reply filed by UNITED STATES NATIONAL NUCLEAR SECURITY ADMINISTRATION.Certificate of Service, Certificate of Nonopposition.(JOHNSON, THOMAS) (Entered: 07/11/2014)
2014-07-15	8	ORDER THAT FEDERAL DEFENDANTS MOTION IS GRANTED. DEFENDANTS MAY FILE THEIR RESPONSE ON OR BEFORE 9/15/14.. SIGNED BY HONORABLE HARVEY BARTLE, III ON 7/15/14. 7/16/14 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 07/16/2014)
2014-09-12	9	ANSWER to 1 Complaint, and Affirmative Defenses by UNITED STATES NATIONAL NUCLEAR SECURITY ADMINISTRATION.(JOHNSON, THOMAS) (Entered: 09/12/2014)
2014-09-26	10	MOTION for Extension of Time to Complete Discovery filed by UNITED STATES NATIONAL NUCLEAR SECURITY ADMINISTRATION.Certificate of Non-Opposition, Certificate of Service.(JOHNSON, THOMAS) (Entered: 09/26/2014)
2014-09-30	11	ORDER THAT UNOPPOSED MOTION FOR EXTENSION OF SCHEDULING DEADLINES (DOC. 10) IS GRANTED. SEE SECOND SCHEDULING ORDER DATED 9/30/14.. SIGNED BY HONORABLE HARVEY BARTLE, III ON 9/30/14. 10/1/14 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 10/01/2014)
2014-09-30	12	SCHEDULING ORDER: THAT FIRST SCHEDULING ORDER OF 4/4/14 IS VACATED. FACT DISCOVERY DUE BY 11/14/2014., DISPOSITIVE MOTIONS DUE BY 12/15/2014., MOTION FOR SUMMARY JUDGMENT DUE BY 12/15/2014.. SIGNED BY HONORABLE HARVEY BARTLE, III ON 9/30/14. 10/1/14 ENTERED AND COPIES EMAILED.(rf, ) *ORDER IS VACATED PER COURT ORDER OF 3/27/15, DOC. 15* (Entered: 10/01/2014)
2015-03-26	13	NOTICE of Hearing: TELEPHONE CONFERENCE SET FOR 3/27/2015 10:00 AM BEFORE HONORABLE HARVEY BARTLE III. PLAINTIFF'S COUNSEL WILL INITIATE THE CALL TO CHAMBERS.(km, ) (Entered: 03/26/2015)
2015-03-27	14	Minute Entry for proceedings held before HONORABLE HARVEY BARTLE, III Status Conference held on 3/27/15. (rf, ) (Entered: 03/27/2015)
2015-03-27	15	ORDER THAT SECOND SCHEDULING ORDER DATED 9/30/15 IS VACATED. DISPOSITIVE MOTIONS DUE BY 5/1/2015., MOTION FOR SUMMARY JUDGMENT DUE BY 5/1/2015. ALL OTHER SCHEDULING ORDER DEADLINES OUTLINED HEREIN.. SIGNED BY HONORABLE HARVEY BARTLE, III ON 3/27/15. 3/27/15 ENTERED AND COPIES EMAILED.(rf, ) *ORDER IS VACATED PER COURT ORDER OF 5/6/15, DOC. 20* (Entered: 03/27/2015)
2015-04-23	16	First MOTION to Amend/Correct Case Management and Scheduling Order filed by SPEAKING TRUTH TO POWER.Motion to Modify Case Management and Scheduling Order. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(ZACHER, JULES) (Entered: 04/23/2015)
2015-05-05	17	NOTICE of Hearing: TELEPHONE CONFERENCE SET FOR 5/6/2015 09:30 AM BEFORE HONORABLE HARVEY BARTLE III. PLAINTIFF'S COUNSEL WILL INITIATE THE CALL TO CHAMBERS.(km, ) (Entered: 05/05/2015)
2015-05-06	18	Minute Entry for proceedings held before HONORABLE HARVEY BARTLE, III Status Conference held on 5/6/15. (rf, ) (Entered: 05/06/2015)
2015-05-06	19	ORDER THAT THE MOTION OF PLAINTIFF TO MODIFY CASE MANAGEMENT AND SCHEDULING ORDER (DOC. 16) IS DENIED WITHOUT PREJUDICE.. SIGNED BY HONORABLE HARVEY BARTLE, III ON 5/6/15. 5/6/15 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 05/06/2015)
2015-05-06	20	ORDER THAT THIRD SCHEDULING ORDER DATED 3/27/15 (DOC. 15) IS VACATED. DISPOSITIVE MOTIONS DUE BY 6/1/2015., MOTION FOR SUMMARY JUDGMENT DUE BY 6/1/2015.. SIGNED BY HONORABLE HARVEY BARTLE, III ON 5/6/15. 5/6/15 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 05/06/2015)
2015-05-06	21	First MOTION to Amend/Correct Complaint filed by SPEAKING TRUTH TO POWER.Memorandum,. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6)(ZACHER, JULES) (Entered: 05/06/2015)
2015-05-21	22	RESPONSE in Opposition re 21 First MOTION to Amend/Correct Complaint filed by UNITED STATES NATIONAL NUCLEAR SECURITY ADMINISTRATION. (JOHNSON, THOMAS) (Entered: 05/21/2015)
2015-05-29	23	MOTION for Summary Judgment filed by UNITED STATES NATIONAL NUCLEAR SECURITY ADMINISTRATION.Memorandum, Certificate of Service.(JOHNSON, THOMAS) (Entered: 05/29/2015)
2015-06-10	24	MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE HARVEY BARTLE, III ON 6/10/15. 6/10/15 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 06/10/2015)
2015-06-10	25	MEMORANDUM AND ORDER THAT MOTION OF PLAINTIFF SPEAKING TRUTH TO POWER TO THE AMEND THE COMPLAINT (DOC. 21) IS DENIED.. SIGNED BY HONORABLE HARVEY BARTLE, III ON 6/10/15. 6/10/15 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 06/10/2015)
2015-06-29	26	MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE HARVEY BARTLE, III ON 6/29/15. 6/29/15 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 06/29/2015)
2015-06-29	27	MEMORANDUM AND ORDER THAT MOTION OF DEFENDANT UNITED STATES NATIONAL NUCLEAR SECURITY ADMINISTRATION FOR SUMMARY JUDGMENT IN ITS FAVOR AND AGAINST PLAINTIFF SPEAKING TRUTH TO POWER (DOC. 23) IS GRANTED.. SIGNED BY HONORABLE HARVEY BARTLE, III ON 6/29/15. 6/29/15 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 06/29/2015)
2015-06-29	28	ORDER THAT JUDGMENT IS ENTERED IN FAVOR OF DEFENDANT UNITED STATES NATIONAL NUCLEAR SECURITY ADMINISTRATION AND AGAINST PLAINTIFF SPEAKING TRUTH TO POWER.. SIGNED BY HONORABLE HARVEY BARTLE, III ON 6/29/15. 6/29/15 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 06/29/2015)
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