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Case TitleRivera v. United States
DistrictNorthern District of California
CitySan Francisco
Case Number3:2018cv01016
Date Filed2018-02-15
Date Closed2019-03-07
JudgeMagistrate Judge Thomas S. Hixson
PlaintiffAnthony Rivera
Case DescriptionAnthony Rivera, a former employee of the Lawrence Livermore National Laboratory, submitted four FOIA requests to the National Nuclear Security Administration for records concerning a variety of subjects pertaining to the labortatory. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, Rivera filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit, Litigation - Vaughn index

DefendantUnited States
DefendantUnited States Department of Energy
DefendantNational Nuclear Security Administration an agency of the U.S. Department of Energy
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [40]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-02-151COMPLAINT against All Defendants ( Filing fee $ 400, receipt number 0971-12117563.). Filed byAnthony Rivera. (Attachments: # 1 Civil Cover Sheet)(Yundt, Scott) (Filed on 2/15/2018) (Entered: 02/15/2018)
2018-02-162Case assigned to Magistrate Judge Maria-Elena James. 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 3/2/2018. (as, COURT STAFF) (Filed on 2/16/2018) (Entered: 02/16/2018)
2018-02-203Proposed Summons. (Yundt, Scott) (Filed on 2/20/2018) (Entered: 02/20/2018)
2018-02-204Proposed Summons. (Yundt, Scott) (Filed on 2/20/2018) (Entered: 02/20/2018)
2018-02-205Proposed Summons. (Yundt, Scott) (Filed on 2/20/2018) (Entered: 02/20/2018)
2018-02-206Proposed Summons. (Yundt, Scott) (Filed on 2/20/2018) (Entered: 02/20/2018)
2018-02-207CLERK'S NOTICE Counsel will submit a completed civil cover sheet.. (This is a text-only entry generated by the court. There is no document associated with this entry.) (as, COURT STAFF) (Filed on 2/20/2018) (Entered: 02/20/2018)
2018-02-208Civil Cover Sheet by Anthony Rivera corrected . (Yundt, Scott) (Filed on 2/20/2018) (Entered: 02/20/2018)
2018-02-209Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/10/2018. Initial Case Management Conference set for 5/17/2018 10:00 AM. (hdjS, COURT STAFF) (Filed on 2/20/2018) (Entered: 02/21/2018)
2018-02-2110Summons Issued as to National Nuclear Security Administration, United States Department of Energy. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(hdjS, COURT STAFF) (Filed on 2/21/2018) (Entered: 02/21/2018)
2018-02-2811CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Anthony Rivera.. (Yundt, Scott) (Filed on 2/28/2018) (Entered: 02/28/2018)
2018-04-0212Defendants' ANSWER to Complaint byNational Nuclear Security Administration, United States Department of Energy. (Wang, Jennifer) (Filed on 4/2/2018) (Entered: 04/02/2018)
2018-04-0313CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by National Nuclear Security Administration, United States Department of Energy.. (Wang, Jennifer) (Filed on 4/3/2018) (Entered: 04/03/2018)
2018-05-0114ADR Clerk's Notice re: Non-Compliance with Court Order (ewh, COURT STAFF) (Filed on 5/1/2018) (Entered: 05/01/2018)
2018-05-1015NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Wang, Jennifer) (Filed on 5/10/2018) (Entered: 05/10/2018)
2018-05-1016JOINT CASE MANAGEMENT STATEMENT filed by National Nuclear Security Administration, United States Department of Energy. (Wang, Jennifer) (Filed on 5/10/2018) (Entered: 05/10/2018)
2018-05-1017ADR Clerk's Notice Setting ADR Phone Conference on Wednesday, May 16, 2018, at 3:30 PM Pacific time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (af, COURT STAFF) (Filed on 5/10/2018) (Entered: 05/10/2018)
2018-05-1418ORDER VACATING INITIAL CASE MANAGEMENT CONFERENCE. STATUS REPORT ORDER. Signed by Judge Maria-Elena James on 5/14/2018. (mejlc3, COURT STAFF) (Filed on 5/14/2018) (Entered: 05/14/2018)
2018-05-1619ADR Remark: In light of the Court's order of 5/14/2018, vacating the case management conference, the ADR Phone Conference set for 5/16/2018, is OFF CALENDAR. If appropriate, the Court may refer the matter for an ADR Phone Conference following the joint status report due to be submitted by 7/12/2018, or the parties may request an ADR Phone Conference. (af, COURT STAFF) (Filed on 5/16/2018) (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 05/16/2018)
2018-07-1220JOINT CASE MANAGEMENT STATEMENT filed by National Nuclear Security Administration, United States Department of Energy. (Wang, Jennifer) (Filed on 7/12/2018) (Entered: 07/12/2018)
2018-07-1221STATUS REPORT ORDER: Having reviewed the parties' Joint Case Management Statement, Dkt. No. 20 , the Court ORDERS the parties to submit a further status report by 8/30/2018. Signed by Judge Maria-Elena James on 7/12/2018. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cdnS, COURT STAFF) (Filed on 7/12/2018) (Entered: 07/12/2018)
2018-08-3022STATUS REPORT Joint Status Report by National Nuclear Security Administration, United States Department of Energy. (Wang, Jennifer) (Filed on 8/30/2018) (Entered: 08/30/2018)
2018-08-3123ORDER SETTING DISPOSITIVE MOTION BRIEFING DEADLINES. Dispositive Motion due by 12/20/2018. Signed by Judge Maria-Elena James on 8/31/2018. (cdnS, COURT STAFF) (Filed on 8/31/2018) (Entered: 08/31/2018)
2018-09-0424ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Thomas S Hixson for all further proceedings. Judge Magistrate Judge Maria-Elena James no longer assigned to the case. (hdjS, COURT STAFF) (Filed on 9/4/2018) (Entered: 09/04/2018)
2018-11-0925ORDER FOR PARTIES TO MEET AND CONFER RE: DISPOSITIVE MOTION STATEMENT OF FACTS. Signed by Judge Thomas S. Hixson on 11/9/2018. (cdnS, COURT STAFF) (Filed on 11/9/2018) (Entered: 11/09/2018)
2018-11-1426Order Referring Case to ADR for Telephone Conference. Signed by Judge Thomas S. Hixson on 11/14/2018. (cdnS, COURT STAFF) (Filed on 11/14/2018) (Entered: 11/14/2018)
2018-11-1427ADR Clerk's Notice Setting ADR Phone Conference on Friday, November 30, 2018, at 11:00 AM Pacific time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (af, COURT STAFF) (Filed on 11/14/2018) (Entered: 11/14/2018)
2018-11-1928ADR Remark: The ADR Phone Conference set for 11/30/2018, HAS BEEN RESCHEDULED TO Monday, 12/3/2018, at 2:00 PM. The call-in numbers remains the same. (af, COURT STAFF) (Filed on 11/19/2018) (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 11/19/2018)
2018-12-0429STATUS REPORT Joint Status Report by National Nuclear Security Administration, United States Department of Energy. (Wang, Jennifer) (Filed on 12/4/2018) (Entered: 12/04/2018)
2018-12-0430ORDER REFERRING CASE TO ANOTHER MAGISTRATE JUDGE FOR A SETTLEMENT CONFERENCE; ORDER VACATING DISPOSITIVE MOTION DEADLINES. Signed by Judge Thomas S. Hixson on 12/4/2018. (cdnS, COURT STAFF) (Filed on 12/4/2018) (Entered: 12/04/2018)
2018-12-0531ADR Remark: ADR Phone Conference held on 12/3/2018 by Howard Herman. (cmf, COURT STAFF) (Filed on 12/5/2018) (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 12/05/2018)
2018-12-05CASE REFERRED to Magistrate Judge Robert M. Illman for Settlement (ahm, COURT STAFF) (Filed on 12/5/2018) (Entered: 12/05/2018)
2018-12-0532CLERK'S NOTICE Scheduling Conference set for 1/8/2019 01:00 PM in McKinleyville before Magistrate Judge Robert M. Illman. Parties may appear by phone by dialing 888-684-8852/Access Code 1868782. At the telephonic hearing, counsel must be prepared to discuss and set a date for settlement conference. Counsel should communicate with their clients about availability before the telephone conference or have their clients participate in the call to confirm a settlement date. (This is a text-only entry generated by the court. There is no document associated with this entry.) (glm, COURT STAFF) (Filed on 12/5/2018) (Entered: 12/05/2018)
2019-01-0833Minute Entry for proceedings held before Magistrate Judge Robert M. Illman: Scheduling Conference held on 1/8/2019. Settlement Conference set for 2/20/2019 01:00 PM in San Francisco, Courtroom D, 15th Floor.FTR Time: 1:02-1:06. Plaintiff Attorney: Scott Yundt by phone. Defendant Attorney: Jennifer Wang by phone. Anthony Rivera also participated by phone. (This is a text-only entry generated by the court. There is no document associated with this entry.) (glm, COURT STAFF) (Date Filed: 1/8/2019) (Entered: 01/09/2019)
2019-01-1734STIPULATION regarding Dispositive Motion Briefing Schedule filed by National Nuclear Security Administration, United States Department of Energy. (Wang, Jennifer) (Filed on 1/17/2019) (Entered: 01/17/2019)
2019-01-1835ORDER re 34 Stipulation filed by National Nuclear Security Administration, United States Department of Energy. Signed by Magistrate Judge Thomas S. Hixson on 1/18/2019. (rmm2S, COURT STAFF) (Filed on 1/18/2019) (Entered: 01/18/2019)
2019-02-1336CLERK'S NOTICE The Settlement Conference set for 2/20/2019 will begin at 10:00 AM rather than the previously scheduled 1:00 PM time. Settlement Conference set for 2/20/2019 10:00 AM in San Francisco, Courtroom D, 15th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (glm, COURT STAFF) (Filed on 2/13/2019) (Entered: 02/13/2019)
2019-02-2037Minute Entry for Settlement Conference proceedings held before Magistrate Judge Robert M. Illman: Settlement Conference held on 2/20/2019. Case Settled in Full. FTR Time: 12:53-1:02 Total Time: 3 hours 2 minutes Plaintiff Attorney: Scott Yundt, Esq. Plaintiff: Anthony Rivera Defendant Attorney: Jennifer S. Wang, AUSA Representative Attending: Ida E. Hernandez, Attorney for NNSA, Office of the General Counsel Proceedings: Settlement Conference held. Case Settled in Full. All parties agreed to be bound by the Settlement as stated on the record. Upon execution of the settlement agreement, a Stipulation of Dismissal shall be filed within the next 2 weeks. If counsel need more time to file the dismissal they shall contact the Court. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2S, COURT STAFF) (Date Filed: 2/20/2019) (Entered: 02/20/2019)
2019-02-2038ORDER The Court ORDERS the parties to file a stipulation of dismissal or a joint status report within 30 days of this order. Signed by Judge Thomas S. Hixson on 2/20/2019. (tshlc2S, COURT STAFF) (Filed on 2/20/2019) (Entered: 02/20/2019)
2019-03-0639STIPULATION of Settlement and Dismissal with Prejudice filed by National Nuclear Security Administration, United States Department of Energy. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Wang, Jennifer) (Filed on 3/6/2019) (Entered: 03/06/2019)
2019-03-0740ORDER DISMISSING CASE WITH PREJUDICE. Signed by Magistrate Judge Thomas S. Hixson on 3/7/2019. (rmm2S, COURT STAFF) (Filed on 3/7/2019) (Entered: 03/07/2019)
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by FOIA Project Staff
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