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Case TitleAguirre v. United States Nuclear Regulatory Commission et al
DistrictSouthern District of California
CitySan Diego
Case Number3:2019cv00587
Date Filed2019-03-29
Date ClosedOpen
JudgeJudge Cynthia Bashant
PlaintiffMichael J. Aguirre
Case DescriptionMichael Aguirre submitted FOIA requests to the Nuclear Regulatory Commission for records concerning enforcement actions taken as a result of an investigation of a nuclear waster storage site near San Diego. Aguirre also requested expedited processing. The agency acknowledged receipt of the requests and denied Aguirre's request for expedited processing. After hearing 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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-03-291COMPLAINT against DOES 1 to 10, United States Nuclear Regulatory Commission ( Filing fee $ 400 receipt number 0974-12355973.), filed by Michael J. Aguirre. The new case number is 3:19-cv-00587-H-KSC. Judge Marilyn L. Huff and Magistrate Judge Karen S. Crawford are assigned to the case. (Severson, Maria)(mme) (sjt). (Entered: 04/01/2019)
2019-04-012Summons 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. (mme) (Entered: 04/01/2019)
2019-04-013Amended Summons 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. (mme) (Entered: 04/01/2019)
2019-04-044SUMMONS Returned Executed by Michael J. Aguirre. United States Nuclear Regulatory Commission served. (Severson, Maria) (Entered: 04/04/2019)
2019-04-155NOTICE OF RELATED CASE(S) by Michael J. Aguirre of case(s) 19cv0495-BAS-BLM. (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)
2019-04-246ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to Judge Cynthia Bashant and Magistrate Judge Barbara Lynn Major for all further proceedings. Judge Marilyn L. Huff, Magistrate Judge Karen S. Crawford no longer assigned to case. Create association to 3:19-cv-00495-BAS-BLM. The new case number is 19cv0587-BAS(BLM). Signed by Judge Marilyn L. Huff on 4/24/2019. Signed by Judge Cynthia Bashant on 4/22/2019. (jah) (Entered: 04/25/2019)
2019-05-177MOTION 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)
2019-05-218ORDER Requesting Response re 7 MOTION for Status Conference filed by Michael J. Aguirre. Court is not inclined to hold a status conference for this issue but it is unclear why the U. S. Attorney does not deem the United States Nuclear Regulatory Commission (NRC) to be a U.S. Government Agency. Court orders U.S. Attorney to respond to Plaintiff's Motion by 5/31/2019. Signed by Judge Cynthia Bashant on 5/21/2019.(jah) (Entered: 05/21/2019)
2019-05-319RESPONSE in Opposition re 7 MOTION for Status Conference filed by United States Nuclear Regulatory Commission. (Parker, Katherine). (jah). (Entered: 05/31/2019)
2019-05-3110NOTICE 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)
2019-06-0311ORDER denying as moot Plaintiff's 7 Motion for Status Conference. Signed by Judge Cynthia Bashant on 6/3/2019. (jah) (Entered: 06/03/2019)
2019-06-1312MOTION to Dismiss for Failure to State a Claim (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) (Entered: 06/13/2019)
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by FOIA Project Staff
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