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Case TitleSimmons et al v. United States Department of Energy
DistrictDistrict of Idaho
CityDatabaseVersion 5.1.1 Boise - Southern
Case Number1:2013cv00357
Date Filed2013-08-14
Date Closed2014-08-02
JudgeJudge B. Lynn Winmill
PlaintiffBrian Simmons
PlaintiffRalph Stanton
Case DescriptionBrian Simmons and Ralph Stanton submitted a FOIA request to the Department of Energy for records concerning its investigation of a plutonium released at the Idaho National Laboratory. The agency withheld video concerning the plutonium release incident under Exemption 6 (invasion of privacy), but later decided that the video was not an agency record. Simmons and Stanton appealed this decision, which was upheld on appeal. Simmons and Stanton then filed suit.
Complaint issues: Agency Record, Litigation - Attorney's fees

DefendantUnited States Department of Energy
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2013-08-141COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0976-1049024.), filed by All Plaintiffs. (Attachments: # 1 Summons, # 2 Cover Sheet)(Huntley, Robert)
2013-08-152Summons Issued as to United States Department of Energy (Print attached Summons for service.) (krb)
2013-08-193MOTION FOR PRO HAC VICE APPEARANCE ( Filing fee $ 225 receipt number 0976-1050347.)Robert C Huntley appearing for Plaintiffs Brian Simmons, Ralph Stanton. Responses due by 9/12/2013 (Huntley, Robert)
2013-08-194MOTION FOR PRO HAC VICE APPEARANCE by Jack Sheridan. ( Filing fee $ 225 receipt number 0976-1050351.)Robert C Huntley appearing for Plaintiffs Brian Simmons, Ralph Stanton. Responses due by 9/12/2013 (Huntley, Robert)
2013-08-205DOCKET ENTRY ORDER approving 3 Motion for Pro Hac Vice Appearance of attorney David J. Whedbee for Brian Simmons,David J. Whedbee for Ralph Stanton Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (krb)
2013-08-206DOCKET ENTRY ORDER granting 4 Motion for Pro Hac Vice Appearance of attorney Jack Sheridan for Ralph Stanton Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (krb)
2013-08-267Summons Reissued as to United States Department of Energy. (krb)
2013-09-168SUMMONS Returned Executed by Brian Simmons, Ralph Stanton. United States Department of Energy served on 9/5/2013, answer due 11/4/2013. (Attachments: # 1 Exhibit Proof of Service)(Whedbee, David)
2013-10-049NOTICE by United States Department of Energy re 1 Complaint of Special Apperance and Motion to Stay Proceedings (Woychick, Nicholas) Modified on 10/8/2013 to change document to a pending motion (jp).
2013-10-0810RESPONSE to Motion re 9 MOTION to Stay Proceedings filed by Brian Simmons, Ralph Stanton. Replies due by 10/25/2013.(Whedbee, David)
2013-10-0911NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for Brian Simmons, Ralph Stanton, United States Department of Energy re 9 MOTION to Stay, 1 Complaint. Consent/Objection to Magistrate due by 12/12/2013. (jp)
2013-10-1112ORDER Extending Time for Defendant to File Answer- denying 9 Motion to Stay. The deadline for Defendant to file its answer to Plaintiffs' complaint is hereby extended from 10/5/13, up to and including 10/31/13, or a period of time equivalent to the number of days from 10/1/13, to the date Congress passes government funding legislation and the Civil Division of the United States Attorney's Office resumes operations, whichever is shorter. Should the lapse in appropriations continue beyond 10/31/13, the Department of Justice may seek an additional extension. Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
2013-10-2113ANSWER to Complaint by United States Department of Energy.(Woychick, Nicholas)
2013-10-2214NOTICE of Hearing: Telephonic Scheduling Conference set for 11/5/2013 10:30 AM MST, 09:30 AM PST Telephonic Hearing - Boise Courtroom 6 before Judge Candy W. Dale. (Attachments: # 1 Litigation Plan Letter, # 2 Litigation Plan) (ah)
2013-10-2315REQUEST FOR REASSIGNMENT TO DISTRICT JUDGE AND REASSIGNMENT OF CASE. Case reassigned to Judge B. Lynn Winmill for all further proceedings. Judge Candy W. Dale no longer assigned to case. Please use this case number on all future pleadings, 1:13-cv-357-BLW (jp) (Entered: 10/24/2013)
2013-10-2416DOCKET ENTRY NOTICE VACATING HEARING: Due to reassignment of this matter, the Telephonic Scheduling Conference currently set for 11/5/2013 10:30 AM MST, 09:30 AM PST Telephonic Hearing - Boise Courtroom 6 before Judge Candy W. Dale is hereby VACATED. (re 14 Notice of Hearing) (ah)
2013-10-2517NOTICE OF HEARING: A Telephonic Scheduling Conference is set for 11/20/2013 at 10:00 AM before Judge B. Lynn Winmill. (Attachments: # 1 Litigation Plan Letter, # 2 Litigation Plan)(jlg)
2013-11-1518SCHEDULING CONFERENCE FORM - LITIGATION PLAN by Brian Simmons, Ralph Stanton. (Whedbee, David)
2013-12-1019CASE MANAGEMENT ORDER. Amended Pleadings due by 1/20/2014. Joinder of Parties due by 1/20/2014. Dispositive Motions due by 3/4/2014. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
2014-02-2820MOTION for Extension of Time to File Dispositive Motions Nicholas J Woychick appearing for Defendant United States Department of Energy. Responses due by 3/24/2014 (Attachments: # 1 Declaration Justin Oliver)(Woychick, Nicholas)
2014-03-0321ORDER GRANTING MOTION FOR EXTENSION OF TIME. IT IS HEREBY ORDERED that the Defendant's Motion for Extension of Time 20 is GRANTED and deadlines for filing dispositive motions is hereby reset for 4/3/2014. All other dates from the Court's Case Management Order (ECF No. 19) shall remain unchanged. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
2014-03-1722MOTION for Summary Judgment David J Whedbee appearing for Plaintiffs Brian Simmons, Ralph Stanton. Responses due by 4/10/2014 (Attachments: # 1 Supplement Statement of Undisputed Facts, # 2 Memorandum in Support, # 3 Affidavit of David Whedbee, # 4 Exhibit A-D to Whedbee Declaration, # 5 Exhibit E-1 to Whedbee Declaration, # 6 Exhibit E-2 to Whedbee Declaration, # 7 Exhibit F-I to Whedbee Declaration, # 8 Affidavit of Ralph Stanton)(Whedbee, David)
2014-04-0223MOTION for Extension of Time to File Nicholas J Woychick appearing for Defendant United States Department of Energy. Responses due by 4/28/2014 (Attachments: # 1 Second Declaration of Justin Oliver)(Woychick, Nicholas)
2014-05-0124STATUS REPORT by United States Department of Energy. (Woychick, Nicholas)
2014-05-0525DOCKET ENTRY ORDER: Based on the May 1, 2014 status report (Dkt. 24), the Court DEEMS MOOT the pending motion for summary judgment (Dkt. 22) as well as the pending motion for an extension of time (Dkt. 23). The parties are ordered to provide a written status report to the Court by no later than June 6, 2014. Signed by Judge B. Lynn Winmill. (ms)
2014-06-0426STATUS REPORT (ECF No. 25) JOINT by United States Department of Energy. (Woychick, Nicholas)
2014-06-0527DOCKET ENTRY ORDER: Based on the June 4, 2014 Status Report (Dkt. 26), the Court will grant the requested second extension of time. The parties are ordered to update the Court regarding the progress of settlement discussion on or before July 7, 2014. Signed by Judge B. Lynn Winmill. (mls)
2014-07-0728STATUS REPORT ECF No. 27 by United States Department of Energy. (Woychick, Nicholas)
2014-08-0229ORDER OF DISMISSAL WITH PREJUDICE. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp) (Entered: 08/04/2014)
2014-08-0230JUDGMENT This case is dismissed in its entirety. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp) (Entered: 08/04/2014)
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