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Case TitleThe Burkhalter Law Firm, P.C. v. The Department of Energy, National Nuclear Security Administration
DistrictEastern District of Tennessee
CityKnoxville
Case Number3:2019cv00403
Date Filed2019-10-14
Date Closed2020-08-10
JudgeMagistrate Judge H Bruce Guyton
PlaintiffThe Burkhalter Law Firm, P.C.
Case DescriptionThe Burkhalter Law Firm submitted a FOIA request to the National Nuclear Security Administration for records concerning agency official John Crapo's emails. The agency acknowledged receipt of the request and indicated it would respond. After hearing nothing further from the agency, the Burkhalter Law Firm filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantThe Department of Energy, National Nuclear Security Administration
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-10-141COMPLAINT against The Department of Energy, National Nuclear Security Administration ( Filing fee $ 400 receipt number 0649-4102635.), filed by The Burkhalter Law Firm, P.C.. (Attachments: # 1 Other Civil Cover Sheet, # 2 Summons Summons Secretary of Energy, # 3 Summons Summons US Attorney, # 4 Exhibit Exhibit A, # 5 Exhibit Exhibit B, # 6 Exhibit Exhibit C, # 7 Exhibit Exhibit D, # 8 Exhibit Exhibit E)(Burkhalter, David) (Entered: 10/14/2019)
2019-10-15District Judge Harry S Mattice, Jr and Magistrate Judge H Bruce Guyton added. (AML) (Entered: 10/15/2019)
2019-10-152Summons Issued as to The Department of Energy, National Nuclear Security Administration. (Attachments: # 1 Summons Issued as to Department of Energy c/o US Attorney J. Douglas Overby)(AML) (Entered: 10/15/2019)
2019-10-153Order Governing Depositions. Signed by District Judge Harry S Mattice, Jr on 10/15/2019. (AML) (Entered: 10/15/2019)
2019-10-154Order Governing Motions To Dismiss. Signed by District Judge Harry S Mattice, Jr on 10/15/2019. (AML) (Entered: 10/15/2019)
2019-10-155Order Governing Sealing Confidential Information. Signed by District Judge Harry S Mattice, Jr on 10/15/2019. (AML) (Entered: 10/15/2019)
2019-10-15NOTICE OF FAILURE TO FILE Certificate of Corporate Interest as required by FRCP 7.1 by The Burkhalter Law Firm, P.C. (AML) (Entered: 10/15/2019)
2019-10-156Certificate of Corporate Interest by The Burkhalter Law Firm, P.C.. (Burkhalter, David) (Entered: 10/15/2019)
2019-10-177NOTICE by The Burkhalter Law Firm, P.C. Notice of Plaintiff's Waiver of Trial by Jury (Burkhalter, David) (Entered: 10/17/2019)
2019-11-228ANSWER to 1 Complaint, by The Department of Energy, National Nuclear Security Administration.(Anderson, M) (Entered: 11/22/2019)
2019-11-259ORDER: The parties are ordered to confer and return the attached form within the time provided.Signed by District Judge Harry S Mattice, Jr on 11/25/19. (Attachments: # 1 Other Notice of Consent/Non-Consent) (ABF) (Entered: 11/25/2019)
2019-11-2510ORDER Signed by District Judge Harry S Mattice, Jr on 11/25/2019. (KTC) (Entered: 11/25/2019)
2019-12-1111NOTICE OF CONSENT by The Department of Energy, National Nuclear Security Administration (Anderson, M) (Entered: 12/11/2019)
2019-12-1212CONSENT TO MAGISTRATE and ORDER REFERRING CASE. Signed by District Judge Harry S Mattice, Jr on 12/12/2019. (AML) (Entered: 12/12/2019)
2019-12-13NOTICE of Hearing: Status/Scheduling Conference set for 1/8/2020 at 1:30 PM in Courtroom 3A - Knoxville before Magistrate Judge H Bruce Guyton. (RLK) (Entered: 12/13/2019)
2020-01-07NOTICE of Hearing: Scheduling Conference originally set for 1/8/2020 is reset for 2/4/2020 02:30 PM in Courtroom 3A - Knoxville before Magistrate Judge H Bruce Guyton. (MDG) (Entered: 01/07/2020)
2020-01-3113Joint MOTION to Reset Scheduling Conference re Notice of Hearing by The Department of Energy, National Nuclear Security Administration. (Anderson, M) (Entered: 01/31/2020)
2020-01-3114ORDER granting 13 Motion to Reset Scheduling Conference. The Scheduling Conference set for February 4, 2020, is hereby CANCELLED. The parties SHALL appear before the undersigned on March 25, 2020, at 1:30 p.m., for a Scheduling Conference. Signed by Magistrate Judge H Bruce Guyton on 1/31/20. (ABF) (Entered: 01/31/2020)
2020-03-24NOTICE to Parties: The scheduling conference scheduled for 3/25/2020 will be conducted by telephone. The parties shall contact chambers a few minutes before the hearing. (MDG) (Entered: 03/24/2020)
2020-03-2515Minute Entry for proceedings held before Magistrate Judge H Bruce Guyton: Parties present for a telephonic scheduling conference. Plaintiff requested the Court to only set a briefing schedule at this time. Court to enter order setting deadlines. (MDG) (Entered: 03/26/2020)
2020-03-3016ORDER: Plaintiff SHALL file any dispositive motions by May 27, 2020, and Defendants SHALL file any responsive briefing by July 27, 2020. Plaintiff SHALL file any reply brief by August 27, 2020. Signed by Magistrate Judge H Bruce Guyton on March 30, 2020. (AYB) (Entered: 03/30/2020)
2020-04-1517MOTION to Amend/Revise 1 Complaint, by The Burkhalter Law Firm, P.C.. (Attachments: # 1 Exhibit A)(Burkhalter, David) (Entered: 04/15/2020)
2020-04-2918RESPONSE to Motion re 17 MOTION to Amend/Revise 1 Complaint, filed by The Department of Energy, National Nuclear Security Administration. (Anderson, M) (Entered: 04/29/2020)
2020-04-3019REPLY to Response to Motion re 17 MOTION to Amend/Revise 1 Complaint, filed by The Burkhalter Law Firm, P.C.. (Attachments: # 1 Exhibit A)(Burkhalter, David) (Entered: 04/30/2020)
2020-05-0120ORDER granting 17 Motion to Amend Complaint. Plaintiff SHALL file its operative Complaint, including the exhibits, in CM/ECF on or before May 15, 2020. The Court will determine at a later date if an in-camera review is proper. Signed by Magistrate Judge H Bruce Guyton on 5/1/20. (ABF) (Entered: 05/01/2020)
2020-05-0121AMENDED COMPLAINT against The Department of Energy, National Nuclear Security Administration., filed by The Burkhalter Law Firm, P.C.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Burkhalter, David) (Entered: 05/01/2020)
2020-05-1222ANSWER to 21 Amended Complaint, by The Department of Energy, National Nuclear Security Administration.(Anderson, M) (Entered: 05/12/2020)
2020-05-2723MOTION for Summary Judgment by The Burkhalter Law Firm, P.C.. (Burkhalter, David) (Entered: 05/27/2020)
2020-05-2724MEMORANDUM in Support of Motion re 23 MOTION for Summary Judgment filed by The Burkhalter Law Firm, P.C.. (Attachments: # 1 Other Declaration of David A. Burkhalter, II)(Burkhalter, David) (Entered: 05/27/2020)
2020-07-24*DISREGARD NOTICE - SENT IN INCORRECT CASE* NOTICE of Hearing:Telephonic Status Conference set for 8/5/2020 10:30 AM in Judge's Chambers (Telephonic Hearing) before Magistrate Judge H Bruce Guyton. The parties will initiate the call and call into the teleconference information below. Also, the parties are to email a short summary, no more than 3 pages, to Guyton_chambers@tned.uscourts.gov and holly_nease@tned.uscourts.gov. Teleconference # 877-336-1280. Access code 8173506(MDG) Modified on 7/24/2020 (MDG). (Entered: 07/24/2020)
2020-07-24NOTICE OF SETTLEMENT. Case Reported Settled By Kent Anderson; Parties did not participate in mediation/arbitration. (MDG) (Entered: 07/24/2020)
2020-08-1025STIPULATION of Dismissal of Case with Prejudice by The Department of Energy, National Nuclear Security Administration. (Anderson, M) (Entered: 08/10/2020)
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by FOIA Project Staff
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