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Case TitleJorge Alejandro Rojas v. Federal Aviation Administration
DistrictCentral District of California
CityWestern Division - Los Angeles
Case Number2:2015cv05811
Date Filed2015-07-31
Date Closed2016-11-10
JudgeJudge Consuelo B. Marshall
PlaintiffJorge Alejandro Rojas
Case DescriptionJorge Alexandro Rojas submitted a FOIA request to the Federal Aviation Administration for records concerning how the agency assessed his biographical information supplied as part of a job application. The agency withheld some information under Exemption 5 (privileges). Rojas filed an administrative appeal, but after hearing nothing further from the agency, he filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantFederal Aviation Administration
AppealNinth Circuit 17-55036
Documents
Docket
Complaint
Opinion/Order [37]
Opinion/Order [88]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-07-311COMPLAINT against Defendant Federal Aviation Administration. Case assigned to Judge Andre Birotte, Jr for all further proceedings. Discovery referred to Magistrate Judge Paul L. Abrams.(Filing fee $ 400 PAID), filed by plaintiff Jorge Alejandro Rojas. (car) (Entered: 08/04/2015)
2015-07-312CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Jorge Alejandro Rojas (car) (Entered: 08/04/2015)
2015-07-313NOTICE OF ASSIGNMENT to District Judge Andre Birotte, Jr. and Magistrate Judge Paul L. Abrams. (car) Modified on 8/4/2015 (car). (Entered: 08/04/2015)
2015-07-314NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) (Entered: 08/04/2015)
2015-07-31630 DAY Summons Issued re Complaint - (Discovery), 1 as to Defendant Federal Aviation Administration. (car) (Entered: 08/04/2015)
2015-08-045TEXT ONLY ENTRY: Judge Andre Birotte Jr. is participating in a pilot project regarding the submission of SEALED DOCUMENTS. All proposed sealed documents must be submitted, via e-mail, to the Judge's Chambers email at AB_chambers@cacd.uscourts.gov. Please refer to the Judge's procedures and schedules for detailed instructions for submission of sealed documents. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) (Entered: 08/04/2015)
2015-08-249NOTICE of Change of address Changing attorneys address to 6404 South Sagewood Circle, Mesa, AZ 85212. Filed by Plaintiff Jorge Alejandro Rojas. (lt) (Entered: 08/27/2015)
2015-08-277STIPULATION Extending Time to Answer the complaint as to Federal Aviation Administration answer now due 10/2/2015, re Complaint - (Discovery), 1 filed by Defendant Federal Aviation Administration. (Attachments: # 1 PROOF OF SERVICE)(Attorney Alarice M Medrano added to party Federal Aviation Administration(pty:dft))(Medrano, Alarice) (Entered: 08/27/2015)
2015-08-278NOTICE OF ERRATA filed by DEFENDANT Federal Aviation Administration. (Attachments: # 1 PROOF OF SERVICE)(Medrano, Alarice) (Entered: 08/27/2015)
2015-10-0210ANSWER to Complaint - (Discovery), 1 filed by DEFENDANT Federal Aviation Administration. (Attachments: # 1 PROOF OF SERVICE)(Medrano, Alarice) (Entered: 10/02/2015)
2015-10-0211NOTICE of Related Case(s) filed by DEFENDANT Federal Aviation Administration. Related Case(s): CV 15-5444 CBM (SS) (Attachments: # 1 PROOF OF SERVICE)(Medrano, Alarice) (Entered: 10/02/2015)
2015-10-0212ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 12/28/2015 at 10:00 AM before Judge Andre Birotte Jr. (cb) (Entered: 10/02/2015)
2015-10-0813ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 14-03 -Related Case- filed. Related Case No: CV15-05444 CBM (SSx). Case transferred from Magistrate Judge Paul L. Abrams and Judge Andre Birotte Jr to Judge Consuelo B. Marshall and Magistrate Judge Suzanne H. Segal for all further proceedings. The case number will now reflect the initials of the transferee Judge CV15-05811 CBM (SSx). Signed by Judge Consuelo B. Marshall. (mg) (Entered: 10/09/2015)
2015-10-1514STANDING ORDER by Judge Consuelo B. Marshall. This action has been assigned to the calendar of Honorable Consuelo B. Marshall. READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE AND MAY DIFFER IN SOME RESPECTS FROM THE LOCAL RULES. (jp) (Entered: 10/15/2015)
2015-10-1515MINUTE IN CHAMBERS - NOTICE TO ALL PARTIES OF COURT ORDER by Judge Consuelo B. Marshall: This action has been transferred to the HONORABLE CONSUELO B. MARSHALL, United States District Judge. Please substitute the initials CBM in place of the current initials, so that the case number will now read CV 15-5811-CBM (SSx). As documents are routed using the judge initials, it is imperative that the correct initials CBM be used on all subsequent filings to prevent any delays in the processing of documents. On the Court own motion, the Scheduling Conference currently set for 12/28/2015 is hereby continued to 1/12/2016 at 11:00 AM (jp) (Entered: 10/16/2015)
2015-12-2116First APPLICATION for attorney Michael W. Pearson to Appear Pro Hac Vice (PHV Fee of $325 receipt number 0973-16980456 paid.) filed by attorney Jorge Alejandro Rojas. (Attachments: # 1 Exhibit Attachments, # 2 Proposed Order Order) (Attorney Charles Hicks, Jr added to party Jorge Alejandro Rojas(pty:pla)) (Hicks, Charles) (Entered: 12/21/2015)
2015-12-2217ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Consuelo B. Marshall: granting 16 APPLICATION to Appear Pro Hac Vice by Attorney Michael W Pearson on behalf of Jorge Alejandro Rojas, designating Charles Hicks, Jr as local counsel. (lom) (Entered: 12/23/2015)
2016-01-0418JOINT REPORT Rule 26(f) Discovery Plan filed by Defendant Federal Aviation Administration.. (Medrano, Alarice) (Entered: 01/04/2016)
2016-01-1219MINUTES OF SCHEDULING CONFERENCE - HELD before Judge Consuelo B. Marshall: The case is called and counsel state their appearances. The Court and counsel confer. Following discussions with the parties, the Court sets the following: ADR -1 form shall be filed on or before January 19, 2016; Settlement conference shall be held on or before April 4, 2016; Motion for Summary Judgment to be filed on or before April 4, 2016; Opposition to be filed April 25, 2016; Reply to be filed May 2, 2016; Motion hearing shall be set for oral argument on May 10, 2016 at 10:00 AM. Court Reporter: Shayna Montgomery. (jp) (Entered: 01/12/2016)
2016-01-1920REQUEST for ADR Procedure No. 1 filed. Parties request to Appear Before Magistrate Judge for settlement proceedings. Filed by Defendant Federal Aviation Administration.(Medrano, Alarice) (Entered: 01/19/2016)
2016-01-2021NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Request for ADR Procedure No. 1 - (ADR-1) 20 . The following error(s) was found: Proposed Document was not submitted as separate attachment. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (shb) (Entered: 01/20/2016)
2016-01-2722ORDER/REFERRAL to ADR Procedure No 1 by Judge Consuelo B. Marshall. Case ordered to Magistrate Judge Suzanne H. Segal for Settlement Conference. (shb) (Entered: 01/27/2016)
2016-03-2423Joint STIPULATION to Vacate SETTLEMENT CONFERENCE DEADLINE Scheduling Conference,,, Set/Reset Deadlines/Hearings,, 19 filed by Defendant Federal Aviation Administration. (Attachments: # 1 Proposed Order)(Medrano, Alarice) (Entered: 03/24/2016)
2016-03-2524ORDER by Judge Consuelo B. Marshall, re Stipulation to Vacate Settlement Conference Deadline 23 . IT IS HEREBY ORDERED that the April 4, 2016 settlement conference deadline set forth in this Courts Minute Order (Dkt. #19) is hereby vacated. (shb) (Entered: 03/28/2016)
2016-04-0425NOTICE OF MOTION AND MOTION for Summary Judgment as to Federal Rule of Civil Procedure 56 ; MEMORANDUM OF POINTS AND AUTHORITIES filed by Defendant Federal Aviation Administration. Motion set for hearing on 5/10/2016 at 10:00 AM before Judge Consuelo B. Marshall. (Attachments: # 1 Declaration Scott, # 2 Declaration Armstead, # 3 Exhibit A-D and Vaughn Index, # 4 Statement of Uncontroverted Facts and Conclusions of Law, # 5 [Proposed] Judgment) (Medrano, Alarice) (Entered: 04/04/2016)
2016-04-2526OPPOSITION to NOTICE OF MOTION AND MOTION for Summary Judgment as to Federal Rule of Civil Procedure 56 ; MEMORANDUM OF POINTS AND AUTHORITIES 25 filed by Plaintiff Jorge Alejandro Rojas. (Pearson, Michael) (Entered: 04/25/2016)
2016-04-2527PLAINTIFF'S CONTROVERTING STATEMENT OF FACTS AND SEPARATE STATEMENT OF FACTS IN SUPPORT OF RESPONSE TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT re NOTICE OF MOTION AND MOTION for Summary Judgment as to Federal Rule of Civil Procedure 56 ; MEMORANDUM OF POINTS AND AUTHORITIES 25 filed by Plaintiff Jorge Alejandro Rojas. (Attachments: # 1 Exhibit Exhibits 1-18)(Pearson, Michael) (Entered: 04/25/2016)
2016-04-2928Joint STIPULATION for Extension of Time to File Reply as to Scheduling Conference,,, Set/Reset Deadlines/Hearings,, 19 filed by defendant Federal Aviation Administration. (Attachments: # 1 Proposed Order)(Medrano, Alarice) (Entered: 04/29/2016)
2016-05-0229ORDER EXTENDING TIME FOR DEFENDANT TO FILE A REPLY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT 28 by Judge Consuelo B. Marshall. IT IS HEREBY ORDERED that the May 2, 2016 deadline for Defendant to file a Reply brief set forth in this Court's Minute Order 19 is extended, to and including, May 4, 2016. (lom) (Entered: 05/02/2016)
2016-05-0430REPLY filed by Defendant Federal Aviation Administration to Response in Opposition to Motion 26 (Medrano, Alarice) (Entered: 05/04/2016)
2016-05-1031MINUTES OF Hearing re Defendant's Motion for Summary Judgment 25 before Judge Consuelo B. Marshall: The case is called and counsel state their appearance. The Court and counsel confer. Following discussions with the parties, the Court advises counsel that the motion is taken under submission and a written order will issue. Court Reporter: Maria Bustillos. (jp) (Entered: 05/13/2016)
2016-05-1332NOTICE OF LODGING filed Proposed Order re Response in Opposition to Motion 26 (Attachments: # 1 Proposed Order Exhibit A - Proposed Order)(Pearson, Michael) (Entered: 05/13/2016)
2016-09-1933REQUEST for Ruling re Defendant's Motion for Summary Judgment filed by Plaintiff Jorge Alejandro Rojas. (Pearson, Michael) (Entered: 09/19/2016)
2016-09-2134ORDER by Judge Consuelo B. Marshall: REGARDING 33 REQUEST REQUEST FOR DECISION REGARDING DEFENDANTS MOTION FOR SUMMARY JUDGMENT. In order to rule on the Defendants motion for summary judgment (Dkt. No. 25), the Court needs to examine the documents Defendant withheld under the Freedom of Information ActExemption 5 in response to Plaintiffs request, which are identified in the Defendants Vaughn Index. Defendant is ordered to provide the Court with a copy of those documents filed under seal for in camera review no later than Monday, September 26, 2016. (shb) (Entered: 09/21/2016)
2016-09-2335SEALED DOCUMENT re Order on Motion for Ruling,, 34 filed by Defendant Federal Aviation Administration. (Attachments: # 1 Unredacted Document)(Medrano, Alarice) (Entered: 09/23/2016)
2016-11-1036ORDER by Judge Consuelo B. Marshall: GRANTING 25 for Summary Judgment. The FAA has met its burden of demonstrating that (1) there are no materialfacts in dispute; (2) that it has conducted an adequate search for responsiverecords; and (3) that each of the responsive records it has located has either been produced or is exempt from disclosure. Zemansky, 767 F.2d at 571. The Courttherefore GRANTS Defendants Motion for Summary Judgment. (shb) (Entered: 11/10/2016)
2016-11-1037JUDGMENT by Judge Consuelo B. Marshal: Consistent with the Courts Order filed simultaneously herewith, judgment is hereby entered in favor of Defendant Federal Aviation Administration. (MD JS-6, Case Terminated). (shb) (Entered: 11/10/2016)
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