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Case TitleRivera v. United States Department of Energy et al
DistrictNorthern District of California
CitySan Francisco
Case Number3:2017cv03250
Date Filed2017-06-06
Date Closed2017-11-15
JudgeMagistrate Judge Sallie Kim
PlaintiffAnthony Rivera
Case DescriptionAnthony Rivera, a former employee at Lawrence Livermore National Laboratory, submitted a FOIA request to the National Nuclear Security Administration for records concerning the agency's contract with Lawrence Livermore. The agency acknowledged receipt of the request and asked Rivera to narrow the scope of his request, which he did. After hearing nothing further from the agency, Rivera filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Department of Energy
DefendantNational Nuclear Security Administration an agency of the U.S. Department of Energy
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-06-061COMPLAINT for Declaratory and Injunctive Relief against United States Department of Energy, and National Nuclear Security Administration, (Filing Fee: $400.00, receipt number 0971-11449622). Filed by Anthony Rivera. (Yundt, Scott) (Filed on 6/6/2017) (Entered: 06/06/2017)
2017-06-062Civil Cover Sheet Submitted by Anthony Rivera. (Yundt, Scott) (Filed on 6/6/2017) (Entered: 06/06/2017)
2017-06-063Case assigned to Magistrate Judge Sallie Kim. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 6/20/2017. (haS, COURT STAFF) (Filed on 6/6/2017) (Entered: 06/06/2017)
2017-06-074Initial Case Management Scheduling Order with ADR Deadlines: Joint Case Management Statement due by 9/4/2017. Initial Case Management Conference set for 9/11/2017 at 1:30 PM in Courtroom A, 15th Floor, San Francisco. (Attachments: #(1) Standing Order for Mag. Judge Sallie Kim, #(2) Standing Order for All Judges) (tnS) (Filed on 6/7/2017) (Entered: 06/07/2017)
2017-06-265CLERK'S NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge by 7/10/2017. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (mklS, COURT STAFF) (Filed on 6/26/2017) (Entered: 06/26/2017)
2017-07-126Defendants' ANSWER to Complaint filed by National Nuclear Security Administration, United States Department of Energy. (Wang, Jennifer) (Filed on 7/12/2017) (Entered: 07/12/2017)
2017-07-137CLERK'S NOTICE Re: Consent or Declination: Plaintiff/Defendants shall file a consent or declination to proceed before a magistrate judge by 7/27/2017. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (mklS, COURT STAFF) (Filed on 7/13/2017) (Entered: 07/13/2017)
2017-07-138CONSENT/DECLINATION to Proceed Before a United States Magistrate Judge filed by Anthony Rivera. (Yundt, Scott) (Filed on 7/13/2017) (Entered: 07/13/2017)
2017-07-209Proposed Summons. (Yundt, Scott) (Filed on 7/20/2017) (Entered: 07/20/2017)
2017-07-2510Proposed Summons. (Yundt, Scott) (Filed on 7/25/2017) (Entered: 07/25/2017)
2017-07-2611Summons Issued as to Defendants National Nuclear Security Administration & United States Department of Energy. (tnS) (Filed on 7/26/2017) (Entered: 07/26/2017)
2017-07-2812CLERK'S SECOND NOTICE Re: Consent or Declination: Defendants shall file a consent or declination to proceed before a magistrate judge by 8/11/2017. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (mklS, COURT STAFF) (Filed on 7/28/2017) (Entered: 07/28/2017)
2017-07-2813CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by National Nuclear Security Administration, United States Department of Energy.. (Wang, Jennifer) (Filed on 7/28/2017) (Entered: 07/28/2017)
2017-08-2814ADR Clerk's Notice re: Non-Compliance with Court Order (ewh, COURT STAFF) (Filed on 8/28/2017) (Entered: 08/28/2017)
2017-08-3115Stipulation & [Proposed] Order to Continue Initial Case Management Conference filed by National Nuclear Security Administration, United States Department of Energy. (Wang, Jennifer) (Filed on 8/31/2017) (Entered: 08/31/2017)
2017-08-3116ORDER by Magistrate Judge Sallie Kim granting 15 Stipulation Continuing Initial Case Management Conference to 10/2/2017 01:30 PM in Courtroom A, 15th Floor, San Francisco. Joint case management conference statements are due 9/25/2017. (sklc2S, COURT STAFF) (Filed on 8/31/2017) (Entered: 08/31/2017)
2017-09-1117ADR Clerk's Notice re: Non-Compliance with Court Order (ewh, COURT STAFF) (Filed on 9/11/2017) (Entered: 09/11/2017)
2017-09-1118ADR Notice of Withdrawal of Notice re: Non-Compliance (re: doc 17 Notice re: Non-Compliance with Court Order). (ewh, COURT STAFF) (Filed on 9/11/2017) (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 09/11/2017)
2017-09-1819ADR Clerk's Notice re: Non-Compliance with Court Order (ewh, COURT STAFF) (Filed on 9/18/2017) (Entered: 09/18/2017)
2017-09-2520NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Wang, Jennifer) (Filed on 9/25/2017) (Entered: 09/25/2017)
2017-09-2521JOINT CASE MANAGEMENT STATEMENT filed by National Nuclear Security Administration, United States Department of Energy. (Wang, Jennifer) (Filed on 9/25/2017) (Entered: 09/25/2017)
2017-09-2622ADR Remark: Because the Notice of Need for ADR Phone Conference was late-filed on 9/25/2017, the ADR Unit is unable to schedule an ADR Phone Conference in advance of the Case Management Conference on 10/2/2017. re 20 Notice of need of ADR Phone Conference (ADR L.R. 3-5 d) (cmf, COURT STAFF) (Filed on 9/26/2017) (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 09/26/2017)
2017-09-2723STIPULATION WITH PROPOSED ORDER to Continue Initial Case Management Conference filed by National Nuclear Security Administration, United States Department of Energy. (Wang, Jennifer) (Filed on 9/27/2017) (Entered: 09/27/2017)
2017-09-2724ORDER by Magistrate Judge Sallie Kim denying 23 Stipulation to Continue CMC. (sklc2S, COURT STAFF) (Filed on 9/27/2017) (Entered: 09/27/2017)
2017-10-0225Minute Entry for proceedings held before Magistrate Judge Sallie Kim: Initial Case Management Conference held on 10/2/2017. Parties are close to reaching a resolution. The Court set a dispositive motion hearing date for 3/26/2018 09:30 AM if the parties are unable to resolve the case. Additionally, the Court referred the matter to a magistrate judge for a settlement conference. (FTR Time: 1:39-1:43.) Attorney for Plaintiff: Scott Yundt. Attorney for Defendants: Jennifer Wang. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mklS, COURT STAFF) (Date Filed: 10/2/2017) (Entered: 10/02/2017)
2017-10-02CASE REFERRED to Magistrate Judge Nandor J. Vadas for Settlement (ahm, COURT STAFF) (Filed on 10/2/2017) (Entered: 10/02/2017)
2017-10-0226CLERK'S NOTICE Scheduling Conference set for 10/24/2017 01:00 PM before Magistrate Judge Nandor J. Vadas. Parties may appear by phone by dialing 888-684-8852 and entering access code 1868782. Parties should be prepared to select a settlement conference date. (This is a text-only entry generated by the court. There is no document associated with this entry.) (glm, COURT STAFF) (Filed on 10/2/2017) (Entered: 10/02/2017)
2017-10-0327CASE MANAGEMENT AND PRETRIAL ORDER (BENCH TRIAL). Close of Fact Discovery is 11/7/2017. Designation of Experts due by 11/21/2017. Rebuttal Reports due by 12/19/2017. Close of Expert Discovery due is 1/9/2018. Pretrial Conference set for 7/13/2018 01:30 PM in Courtroom A, 15th Floor, San Francisco before Magistrate Judge Sallie Kim. Bench Trial set for 8/14/2018 09:30 AM before Magistrate Judge Sallie Kim. Signed by Magistrate Judge Sallie Kim on 10/3/2017. (mklS, COURT STAFF) (Filed on 10/3/2017) (Entered: 10/03/2017)
2017-10-1928CLERK'S NOTICE Settlement Conference set for 11/21/2017 09:30 AM in Courtroom D, 15th Floor, San Francisco. Parties are reminded to review the Judge's Settlement Conference Standing Order on the court's website. The Scheduling Conference previously set for 10/24/2017 is vacated. (This is a text-only entry generated by the court. There is no document associated with this entry.) (glm, COURT STAFF) (Filed on 10/19/2017) (Entered: 10/19/2017)
2017-10-2629CLERK'S NOTICE The Settlement Conference scheduled for 11/21/2017 will begin at 9:00 AM rather than the previously-scheduled time. Settlement Conference set for 11/21/2017 09:00 AM in Courtroom D, 15th Floor, San Francisco. (This is a text-only entry generated by the court. There is no document associated with this entry.) (glm, COURT STAFF) (Filed on 10/26/2017) (Entered: 10/26/2017)
2017-11-07CASE REFERRED to Magistrate Judge Robert M Illman for Settlement (msrS, COURT STAFF) (Filed on 11/7/2017) (Entered: 11/07/2017)
2017-11-1530STIPULATION WITH [PROPOSED] ORDER re: Settlement and Dismissal with Prejudice filed by National Nuclear Security Administration, United States Department of Energy. (Wang, Jennifer) (Filed on 11/15/2017) (Entered: 11/15/2017)
2017-11-1531ORDER by Magistrate Judge Sallie Kim granting 30 Stipulation Re: Settlement and Dismissal with Prejudice. (mklS, COURT STAFF) (Filed on 11/15/2017) (Entered: 11/15/2017)
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by FOIA Project Staff