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Case TitleHamilton v. United States of America
DistrictDistrict of New Mexico
CityAlbuquerque
Case Number1:2014cv00040
Date Filed2014-01-13
Date Closed2015-07-20
JudgeMagistrate Judge Karen B. Molzen
PlaintiffRaymond Hamilton
Case DescriptionHamilton requested a copy of a draft of a memo from the VA Hospital in Albuquerque. The VA responded by providing a copy of the memo but not the draft version. Hamilton appealed and after the VA Hospital failed to respond, he filed suit.
Complaint issues: improper withholding, attorney's fees

DefendantUnited States of America United States Department of Veterans Affairs, Albuquerque VA Hospital
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-01-131COMPLAINT for Review of Agency Action Pursuant to the Freedom of Information Act ("FOIA") against Department of Veterans Affairs ( Filing Fee - Online Payment), filed by Raymond Hamilton. (Attachments: # 1 Civil Cover Sheet)(Ward, Vincent) (Entered: 01/13/2014)
2014-01-13Filing and Administrative Fees Received: $ 400 receipt number 1084-3409687 re 1 Complaint, filed by Raymond Hamilton (Payment made via Pay.gov)(Ward, Vincent) (Entered: 01/13/2014)
2014-01-14United States Chief Magistrate Judge Karen B. Molzen and United States Magistrate Judge Robert Hayes Scott assigned. (ln) (Entered: 01/14/2014)
2014-01-142PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Karen B. Molzen to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmcourt.fed.us for more information and instructions. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ln) (Entered: 01/14/2014)
2014-01-14Summons Issued as to United States of America, U.S. Attorney and U.S. Attorney General (ln) (Entered: 01/14/2014)
2014-01-303SUMMONS Returned Executed by Raymond Hamilton. United States of America served on 1/15/2014, answer due 3/17/2014. (Ward, Vincent) (Entered: 01/30/2014)
2014-01-304SUMMONS Returned Executed by Raymond Hamilton. United States of America served on 1/23/2014, answer due 3/24/2014. (Ward, Vincent) (Entered: 01/30/2014)
2014-01-315SUMMONS Returned Executed by Raymond Hamilton. United States of America served on 1/24/2014, answer due 3/25/2014. (Ward, Vincent) (Entered: 01/31/2014)
2014-02-196Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by United States of America. (Lucero, Manuel) (Entered: 02/19/2014)
2014-02-207ORDER by Magistrate Judge Robert Hayes Scott granting 6 Motion for Extension of Time to Answer. Answer due 3/25/2014. (mg) (Entered: 02/20/2014)
2014-03-258ANSWER to 1 Complaint, by United States of America. Related document: 1 Complaint, filed by Raymond Hamilton.(Lucero, Manuel) (Entered: 03/25/2014)
2014-09-029ORDER by Chief Magistrate Judge Karen B. Molzen setting a Telephonic Status Conference for 9/30/2014 at 03:00 PM in Albuquerque - Telephonic Hearing/Conference before Chief Magistrate Judge Karen B. Molzen. (cda) (Entered: 09/02/2014)
2014-09-0910MOTION for Summary Judgment for Violations of the Freedom of Information Act by Raymond Hamilton. (Ward, Vincent) (Entered: 09/09/2014)
2014-09-0911MEMORANDUM in Support re 10 MOTION for Summary Judgment for Violations of the Freedom of Information Act by Raymond Hamilton. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Ward, Vincent) (Entered: 09/09/2014)
2014-09-3012Clerk's Minutes for the telephonic Status Conference held on 9/30/2014 before Chief Magistrate Judge Karen B. Molzen. Participants included Vincent Ward on behalf of Plaintiff and Manuel Lucero on behalf of Defendant. The Court will issue a notice of consent submission deadline. [THIS IS A TEXT ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (cda) (Entered: 09/30/2014)
2014-09-3013NOTICE OF IMPENDING REASSIGNMENT by Chief Magistrate Judge Karen B. Molzen. The parties are advised that the Clerk will reassign this matter to a district judge as the trial judge no later than Friday, October 3, 2014, unless consents from all parties have been filed. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (cda) (Entered: 09/30/2014)
2014-10-0114CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), United States of America voluntarily consent(s) to have United States Magistrate Judge Karen B. Molzen conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Lucero, Manuel) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 10/01/2014)
2014-10-0115CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Raymond Hamilton voluntarily consent(s) to have United States Magistrate Judge Karen B. Molzen conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Ward, Vincent) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 10/01/2014)
2014-10-0216NOTICE OF RULE 73 CONSENT Received by All Parties. Related documents: 14 Consent to Proceed Before a U.S. Magistrate Judge, filed by United States of America, 15 Consent to Proceed Before a U.S. Magistrate Judge, filed by Raymond Hamilton. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kd) (Entered: 10/02/2014)
2014-10-0817RESPONSE in Opposition re 10 MOTION for Summary Judgment for Violations of the Freedom of Information Act filed by United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Lucero, Manuel) (Entered: 10/08/2014)
2014-10-0818MOTION for Summary Judgment by United States of America. (Lucero, Manuel) (Entered: 10/08/2014)
2014-10-0819MOTION AND MEMORANDUM in Support re 18 MOTION for Summary Judgment of the VA filed by United States of America. (Attachments: # 1 Exhibit A: March 29, 2013 ltr, # 2 Exhibit B: April 22, 2013 lrt, # 3 Exhibit C: Decl. of Jill Baker)(Lucero, Manuel) Modified on 11/12/2014 (dmw). (Entered: 10/08/2014)
2014-10-2120NOTICE by Raymond Hamilton re 10 MOTION for Summary Judgment for Violations of the Freedom of Information Act , 18 MOTION for Summary Judgment of Agreed Extension for Plaintiff to File Reply to Defendant's Response to Plaintiff's Motion for Summary Judgment for Violations of the Freedom of Information Act and for Plaintiff to File Response to Defendant's Motion for Summary Judgment (Ward, Vincent) (Entered: 10/21/2014)
2014-11-1221REPLY to Response to Motion re 10 MOTION for Summary Judgment for Violations of the Freedom of Information Act filed by Raymond Hamilton. (Ward, Vincent) (Entered: 11/12/2014)
2014-11-1222RESPONSE in Opposition re 19 MOTION for Summary Judgment and Memorandum of Points in Authorities in Support of Defendant's Motion for Summary Judgment filed by Raymond Hamilton. (Ward, Vincent) (Entered: 11/12/2014)
2014-11-2123REPLY to Response to Motion re 19 MOTION for Summary Judgment filed by United States of America. (Lucero, Manuel) (Entered: 11/21/2014)
2014-11-2124NOTICE of Briefing Complete by United States of America re 18 MOTION for Summary Judgment filed by United States of America, 19 MOTION for Summary Judgment filed by United States of America (Lucero, Manuel) (Entered: 11/21/2014)
2014-11-2425NOTICE of Briefing Complete by Raymond Hamilton re 10 MOTION for Summary Judgment for Violations of the Freedom of Information Act filed by Raymond Hamilton (Ward, Vincent) (Entered: 11/24/2014)
2015-01-0226PLEASE TAKE NOTICE that this case has been reassigned to Magistrate Judge Gregory B. Wormuth as the pretrial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges. Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. Magistrate Judge Robert Hayes Scott no longer assigned to this case. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (iad) (Entered: 01/02/2015)
2015-01-0827ORDER by Magistrate Judge Gregory B. Wormuth. Telephonic Status Conference set for 1/29/2015 at 10:30 AM in Las Cruces - Telephonic Hearing/Conference before Magistrate Judge Gregory B. Wormuth. (jgm) (Entered: 01/08/2015)
2015-01-2928Clerk's Minutes for proceedings held before Magistrate Judge Gregory B. Wormuth: Status Conference held on 1/29/2015. (jgm) (Entered: 01/29/2015)
2015-03-0529MEMORANDUM OPINION AND ORDER by Chief Magistrate Judge Karen B. Molzen denying 18 Defendant's MOTION for Summary Judgment and granting 10 Plaintiff's MOTION for Summary Judgment for Violations of the Freedom of Information Act, and requiring a joint status report to be filed by March 16, 2015 as to the parties' positions as to the appropriate relief to be be given to Plaintiff. (KBM) (Entered: 03/05/2015)
2015-03-1630STATUS REPORT by United States of America (Lucero, Manuel) (Entered: 03/16/2015)
2015-03-1631ORDER STAYING CASE by Chief Magistrate Judge Karen B. Molzen. Pursuant to the agreement of the parties, this case is hereby stayed for 45 days. The parties shall provide a status report on or before May 1, 2015. Case stayed. [THIS IS A TEXT ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (cda) (Entered: 03/16/2015)
2015-04-3032NOTICE by United States of America and Plaintiff requesting Settlement Conference (Lucero, Manuel) (Entered: 04/30/2015)
2015-05-2133ORDER by Magistrate Judge Gregory B. Wormuth. Status Conference set for 5/26/2014 at 01:30 PM in Las Cruces - Telephonic Hearing/Conference before Magistrate Judge Gregory B. Wormuth. (jgm) (Entered: 05/21/2015)
2015-05-2234MINUTE ORDER re 33 Order, Set Hearings, by Magistrate Judge Gregory B. Wormuth. The Status Conference set for 5/26/2014 at 01:30 PM is hereby VACATED, and will be reset at a later date. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jgm) (Entered: 05/22/2015)
2015-05-2735MINUTE ORDER re 33 Order, Set Hearings by Magistrate Judge Gregory B. Wormuth. The Status Conference is RESET for 6/4/2015 at 01:30 PM in Las Cruces - Telephonic Hearing/Conference before Magistrate Judge Gregory B. Wormuth. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jgm) (Entered: 05/27/2015)
2015-06-0436Clerk's Minutes for proceedings held before Magistrate Judge Gregory B. Wormuth: Status Conference held on 6/4/2015. (jgm) (Entered: 06/08/2015)
2015-06-0837ORDER by Magistrate Judge Gregory B. Wormuth. Settlement Conference set for 6/11/2015 at 09:30 AM in Albuquerque - 340 Pecos Courtroom before Magistrate Judge Gregory B. Wormuth. (jgm) (Entered: 06/08/2015)
2015-06-1138Clerk's Minutes for proceedings held before Magistrate Judge Gregory B. Wormuth: Settlement Conference held on 6/11/2015. (jgm) (Entered: 06/15/2015)
2015-06-1539ORDER to Submit Closing Documents by Magistrate Judge Gregory B. Wormuth. Closing Documents due 7/15/2015. (jgm) (Entered: 06/15/2015)
2015-07-0840SETTLEMENT AGREEMENT and fee agreement by United States of America (Lucero, Manuel) (Entered: 07/08/2015)
2015-07-1741NOTICE of Voluntary Dismissal of Case by United States of America (Lucero, Manuel) (Entered: 07/17/2015)
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