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Case TitleBeagles v. Watkins et al
DistrictDistrict of New Mexico
CityLas Cruces
Case Number2:2016cv00506
Date Filed2016-06-01
Date ClosedOpen
JudgeDistrict Judge Kenneth J. Gonzales
PlaintiffEddie Beagles
DefendantGeorge Watkins
DefendantState of New Mexico Department of Workforce Solutions
DefendantState of New Mexico Department of Workforce Solutions
TERMINATED: 09/07/2017
DefendantJoel Saavedra
DefendantJoel Saavedra
TERMINATED: 09/07/2017
DefendantU.S. Department of Labor Wage and Hour Division
Documents
Docket
Opinion/Order [24]
Opinion/Order [25]
Opinion/Order [26]
Opinion/Order [27]
FOIA Project Annotation: A federal court in New Mexico has ruled that Eddie Beagles exhausted his administrative remedies when the Department of Labor, after acknowledging receipt of his administrative appeal, had still failed to respond to his appeal after two years. Beagles requested records about his former employer. The agency responded to his request, but withheld 18 documents. Beagles appealed that decision. The agency acknowledged receipt of the appeal, but told Beagles that his appeal would be handled on a "first in, first out" basis. Beagles filed suit, alleging that he had constructively exhausted his administrative remedies. The agency argued that he was required to wait until his appeal was resolved. Ruling in favor of Beagles, the court explained that while "the statute does not require actual production of documents within the statutory time frame, the Court notes that the statute does require the agency to 'make a determination with respect to any appeal.' The Court agrees with Plaintiff's argument that the DOL's response, indicating mere receipt of the appeal, is insufficient to satisfy the statute's requirement that the agency make a determination on the appeal and communicate that determination to the requester." The court added that "in the present case, more than 30 days has passed. Moreover, the Court finds no evidence of exceptional circumstances requiring additional time. Likewise, given the substantial amount of time that has elapsed since Plaintiff filed his appeal, the Court sees no indication that the DOL has exercised anything remotely resembling due diligence in responding to this request." The court observed that "here, the DOL had more than 2 years to provide a final determination on Plaintiff's appeal. To allow a simple acknowledgement of receipt of an appeal to satisfy the agency's statutory requirements, without any determination on the merits, thus preventing Plaintiff from exhausting his administrative remedies, creates a Catch-22."
Issues: Litigation - Jurisdiction - Failure to Exhaust
Opinion/Order [31]
Opinion/Order [33]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-06-011NOTICE OF REMOVAL by U.S. Department of Labor Wage and Hour Division from Twelfth Judicial District Court, County of Otero, State of New Mexico, case number D-1215-CV-2016-00344. ( Filing Fee - Waived), filed by U.S. Department of Labor Wage and Hour Division. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2)(Lucero, Manuel) (Entered: 06/01/2016)
2016-06-01Office code correction. Case office code has been changed from 1 (Albuquerque) to 2 (Las Cruces). (kdh) (Entered: 06/01/2016)
2016-06-01Magistrate Judge Gregory J. Fouratt and Magistrate Judge Carmen E. Garza assigned. (kdh) (Entered: 06/01/2016)
2016-06-012PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Gregory J. Fouratt to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kdh) (Entered: 06/01/2016)
2016-06-083NOTICE by U.S. Department of Labor Wage and Hour Division of Filing Copies of State Court Records (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8) (Lucero, Manuel) (Entered: 06/08/2016)
2016-06-104MOTION to Dismiss for lack of subject matter jurisdiction by Joel Saavedra, U.S. Department of Labor Wage and Hour Division. (Lucero, Manuel) (Entered: 06/10/2016)
2016-06-105MEMORANDUM in Support re 4 MOTION to Dismiss for lack of subject matter jurisdiction filed by Joel Saavedra, U.S. Department of Labor Wage and Hour Division. (Lucero, Manuel) (Entered: 06/10/2016)
2016-06-176Answer and Affirmative Defenses to Complaint for Writ of Mandamus and/or Declaratory Relief ANSWER to Complaint (Notice of Removal) by State of New Mexico Department of Workforce Solutions. (Arnold, Rudolph) (Entered: 06/17/2016)
2016-06-177NOTICE of Appearance by Rudolph Arnold on behalf of State of New Mexico Department of Workforce Solutions (Arnold, Rudolph) (Entered: 06/17/2016)
2016-06-228RESPONSE in Opposition re 4 MOTION to Dismiss for lack of subject matter jurisdiction filed by Eddie Beagles. (Dotson, David) (Entered: 06/22/2016)
2016-06-229MEMORANDUM in Support re 4 MOTION to Dismiss for lack of subject matter jurisdiction filed by Eddie Beagles. (Attachments: # 1 Exhibit Exhibit A) (Dotson, David) (Entered: 06/22/2016)
2016-06-2310NOTICE OF CONSENT SUBMISSION DEADLINE: Pursuant to Fed. R. Civ. P. 73(b)(2), the parties are reminded that a magistrate judge was assigned as the trial judge in this matter under 28 U.S.C. 636(c). The parties are advised that the Clerk will reassign this matter to a district judge as the trial judge no later than 10 days from the entry of this notice unless consents from all parties have been filed. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (kdj) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 06/23/2016)
2016-06-2312PLEASE TAKE NOTICE that this case has been reassigned to District Judge Kenneth J. Gonzales as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges. Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. Magistrate Judge Gregory J. Fouratt no longer assigned to this case. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (iam) (Entered: 06/23/2016)
2016-06-2413NOTICE REGARDING DOCUMENT ENTRIES: Because this case has been reassigned to a district judge, please be advised that any documents filed by the parties under Rule 73(b) have been permanently removed from the docket. Document(s) removed: no. 11. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (hbs) (Entered: 06/24/2016)
2016-06-3014NOTICE of Appearance by Shawn Stephen Cummings on behalf of State of New Mexico Department of Workforce Solutions (Cummings, Shawn) (Entered: 06/30/2016)
2016-07-1115REPLY to Response to Motion re 4 MOTION to Dismiss for lack of subject matter jurisdiction filed by Joel Saavedra, U.S. Department of Labor Wage and Hour Division. (Lucero, Manuel) (Entered: 07/11/2016)
2016-07-1116NOTICE of Briefing Complete by Joel Saavedra, U.S. Department of Labor Wage and Hour Division re 4 MOTION to Dismiss for lack of subject matter jurisdiction filed by Joel Saavedra, U.S. Department of Labor Wage and Hour Division (Lucero, Manuel) (Entered: 07/11/2016)
2017-01-1717NOTICE of Attorney Substitution: Robert Dale Morrison substituted for Rudolph P. Arnold (Morrison, Robert) (Entered: 01/17/2017)
2017-01-1718MOTION for Summary Judgment by State of New Mexico Department of Workforce Solutions. (Morrison, Robert) (Entered: 01/17/2017)
2017-01-1719AFFIDAVIT by State of New Mexico Department of Workforce Solutions (Morrison, Robert) (Entered: 01/17/2017)
2017-01-1720MEMORANDUM in Support re 18 MOTION for Summary Judgment , 19 Affidavit filed by State of New Mexico Department of Workforce Solutions. (Morrison, Robert) (Entered: 01/17/2017)
2017-02-2121NOTICE of Briefing Complete by State of New Mexico Department of Workforce Solutions re 18 MOTION for Summary Judgment filed by State of New Mexico Department of Workforce Solutions (Morrison, Robert) (Entered: 02/21/2017)
2017-03-0122MOTION for Supplement by State of New Mexico Department of Workforce Solutions. (Morrison, Robert) (Entered: 03/01/2017)
2017-03-1423NOTICE of Briefing Complete by State of New Mexico Department of Workforce Solutions re 22 MOTION for Supplement filed by State of New Mexico Department of Workforce Solutions (Morrison, Robert) (Entered: 03/14/2017)
2017-09-0624MEMORANDUM OPINION AND ORDER by District Judge Kenneth J. Gonzales granting, in part, 4 Defendants Joel Saavedra and the U.S. Department of Labor Wage and Hour Division's Motion to Dismiss. (tah) (Entered: 09/06/2017)
2017-09-0625MEMORANDUM OPINION AND ORDER by District Judge Kenneth J. Gonzales granting 18 New Mexico Department of Workforce Solutions' Motion for Summary Judgment. (tah) (Entered: 09/06/2017)
2017-09-0626ORDER OF PARTIAL DISMISSAL by District Judge Kenneth J. Gonzales. See 24 Memorandum Opinion and Order. (tah) (Entered: 09/07/2017)
2017-09-0627SUMMARY JUDGMENT by District Judge Kenneth J. Gonzales In favor of Defendant New Mexico Department of Workforce Solutions. (tah) (Entered: 09/07/2017)
2018-08-3028ORDER to File Status Report by Chief Magistrate Judge Carmen E. Garza. Status Report due September 13, 2018. (ag) (Entered: 08/30/2018)
2018-09-1329Joint Status Report by Eddie Beagles (Dotson, David) (Entered: 09/13/2018)
2018-09-1430STATUS REPORT by U.S. Department of Labor Wage and Hour Division (Lucero, Manuel) (Entered: 09/14/2018)
2018-09-1731ORDER Setting Telephonic Status Conference for 9/25/2018 at 02:00 PM before Chief Magistrate Judge Carmen E. Garza. [Parties shall call Judge Garza's Meet Me line at (505) 348-2693 to be connected to the proceedings.] This line can only accommodate up to five telephone lines, including the Court's; if the parties anticipate that they will exceed this capacity, they must contact the Court immediately so that alternative arrangements may be made. (ag) (Entered: 09/17/2018)
2018-09-2532Clerk's Minutes for proceedings held before Chief Magistrate Judge Carmen E. Garza: Status Conference held on 9/25/2018. (ag) (Entered: 09/26/2018)
2018-09-2633ORDER setting Briefing Schedule by Chief Magistrate Judge Carmen E. Garza. (ag) (Entered: 09/26/2018)
2018-10-1834MOTION for Summary Judgment by Eddie Beagles. (Dotson, David) (Entered: 10/18/2018)
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by FOIA Project Staff
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