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Case TitleAguirre v. United States Nuclear Regulatory Commission et al
DistrictSouthern District of California
CitySan Diego
Case Number3:2019cv00495
Date Filed2019-03-14
Date ClosedOpen
JudgeJudge Cynthia Bashant
PlaintiffMichael J. Aguirre
Case DescriptionMichael Aguirre submitted FOIA requests to the Nuclear Regulatory Commission for records concerning the storage of nuclear waste at a beach near San Diego. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, Aguirre filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Nuclear Regulatory Commission
DefendantDOES 1 to 10 inclusive
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-03-141COMPLAINT against DOES 1 to 10, United States Nuclear Regulatory Commission ( Filing fee $ 400 receipt number 0974-12302023), filed by Michael J. Aguirre. (Attachments: # 1 Civil Cover Sheet) The new case number is 3:19-cv-00495-BAS-BLM. Judge Cynthia Bashant and Magistrate Judge Barbara Lynn Major are assigned to the case. (Severson, Maria)(cdw) (jao). (Entered: 03/15/2019)
2019-03-152Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (cdw) (jao). (Entered: 03/15/2019)
2019-04-023SUMMONS Returned Executed by Michael J. Aguirre. United States Nuclear Regulatory Commission served. (Severson, Maria). (jah). (Entered: 04/02/2019)
2019-04-154NOTICE OF RELATED CASE(S) by Michael J. Aguirre of case(s) 19cv0587-H-KSC. (Attachments: # 1 Proof of Service)(Severson, Maria). Modified on 4/16/2019 - Proposed Low Number Transfer Order prepared and forwarded (jah). (Entered: 04/15/2019)
2019-05-175MOTION for Status Conference by Michael J. Aguirre. (Attachments: # 1 Declaration of Maria Severson, # 2 Proof of Service by mail)(Severson, Maria). Modified on 5/20/2019 - Edited text (jah). (Entered: 05/17/2019)
2019-05-216ORDER Requesting Response re 5 MOTION for Status Conference filed by Michael J. Aguirre. Court is not inclined to hold a status conference for this issues but it is unclear to Court why the US Attorney does not deem the United States Nuclear Regulatory Commission (NRC) to be a United States Government Agency. Court orders the US Attorney to respond to Plaintiff's Motion by 5/31/2019. Signed by Judge Cynthia Bashant on 5/21/2019. (jah). Modified on 5/21/2019 - Corrected text. Regenerated NEF (jah). (Entered: 05/21/2019)
2019-05-317RESPONSE in Opposition re 5 MOTION for Status Conference filed by United States Nuclear Regulatory Commission. (Parker, Katherine). (jah). (Entered: 05/31/2019)
2019-05-318NOTICE of Appearance by Katherine Lind Parker on behalf of United States Nuclear Regulatory Commission (Parker, Katherine). Attorney Katherine Lind Parker added to party United States Nuclear Regulatory Commission (pty:dft). (jah). (Entered: 05/31/2019)
2019-06-039ORDER denying as moot Plaintiff's 5 Motion for Status Conference. Signed by Judge Cynthia Bashant on 6/3/2019. (jah) (Entered: 06/03/2019)
2019-06-1310MOTION to Dismiss for Failure to Exhaust Administrative Remedies by United States Nuclear Regulatory Commission. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Tina Ennis with Exhibits, # 3 Declaration of Katherine Parker with Exhibit)(Parker, Katherine). Modified on 6/17/2019 - Corrected motion event (jah). (Entered: 06/13/2019)
2019-07-2211RESPONSE in Opposition re 10 MOTION to Dismiss for Failure to Exhaust Administratively Remedies filed by Michael J. Aguirre. (Attachments: # 1 Declaration of Michael J. Aguirre, # 2 Request for Judicial Notice, # 3 Proof of Service)(Severson, Maria). (jah). (Entered: 07/22/2019)
2019-07-2412Unopposed Ex Parte MOTION for Extension of Time to File Reply as to 10 MOTION to Dismiss for Failure to Exhaust Administratively Remedies by United States Nuclear Regulatory Commission. (Attachments: # 1 Declaration of Katherine Parker)(Parker, Katherine). (jah). (Entered: 07/24/2019)
2019-07-2613ORDER granting Defendant's 12 Ex Parte Motion for Extension of Time to File Reply re 10 MOTION to Dismiss for Failure to Exhaust Administratively Remedies. Defendant shall file reply brief by 8/5/2019. Signed by Judge Cynthia Bashant on 7/26/2019. (jah) (Entered: 07/26/2019)
2019-08-0514REPLY to Response to Motion re 10 MOTION to Dismiss for Failure to Exhaust Administratively Remedies filed by United States Nuclear Regulatory Commission. (Attachments: # 1 Declaration of Tina Ennis)(Parker, Katherine) (Entered: 08/05/2019)
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by FOIA Project Staff
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