Case Detail

FOIA Project Annotation: A federal court in Nevada has ruled that Timothy Blixseth's FOIA litigation should transfer venue to the District of Columbia for the convenience of the government. Blixseth, who had litigated against the government at least six FOIA cases in the District of Columbia, had sued the FBI in Nevada, which was where he resided. He resisted the government's motion by claiming that the court should give deference to his choice of venue. The court indicated that "plaintiff is correct that there is a strong presumption in favor of Plaintiff's choice of forum. But § 1404(a) 'requires the court to weigh multiple factors in its determination whether to transfer is appropriate in a particular case.' The Court, in consideration of convenience and fairness, finds that multiple factors weigh in favor of transferring this FOIA action in the District of Columbia." In affirming the government's request, the court noted that "the present action before this Court arises out of the alleged failure of the FBI â€" a federal agency headquartered in Washington, D.C. â€" to produce responsive records to Plaintiff's two FOIA requests. The ease and access to the requested records and any potential agency witnesses to the FOIA requests suggest that the District of Columbia, for purposes of convenience, would be the better venue. These relevant factors weigh heavily in favor of transferring this FOIA action to the District of Columbia." The court dismissed Blixseth's arguments, noting that "while Plaintiff's residency in Nevada and choice of format were weighed, it cannot be said that transferring this action to the District of Columbia would present hardship to Plaintiff as there remains at least one pending case in that court, and because Plaintiff has previously filed five other FOIA actions there."
Issues: Litigation - Jurisdiction - Venue

Date Filed	Doc #	Docket Text
2021-01-29	1	COMPLAINT against Federal Bureau Of Investigation (Filing fee $402 receipt number 0978-6351037) by Timothy L. Blixseth. Proof of service due by 4/29/2021. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Civil Cover Sheet, # 17 Summons) (Williamson, Richard) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. (Entered: 01/29/2021)
2021-01-29	2	NOTICE OF RELATED CASES 3:20-cv-00101 by Plaintiff Timothy L. Blixseth. (Williamson, Richard) (Entered: 01/29/2021)
2021-01-29	3	CERTIFICATE of Interested Parties by Timothy L. Blixseth. There are no known interested parties other than those participating in the case (Williamson, Richard) (Entered: 01/29/2021)
2021-01-29	4	MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Lisa Norrett Himes and DESIGNATION of Local Counsel Richard D. Williamson (Filing fee $ 250 receipt number 0978-6351058) by Plaintiff Timothy L. Blixseth. (Attachments: # 1 Exhibit, # 2 Exhibit) (Williamson, Richard) (Entered: 01/29/2021)
2021-02-01		Case randomly assigned to Chief Judge Miranda M. Du and Magistrate Judge Carla Baldwin. (WJ) (Entered: 02/01/2021)
2021-02-01	5	STANDING ORDER. This case has been assigned to the Honorable Miranda M. Du. Chief Judge Du's Civil Standing Order is posted on the U.S. District Court, District of Nevada public website and may be accessed directly via this hyperlink: www.nvd.uscourts.gov . (Copies have been distributed pursuant to the NEF - PAV) (Entered: 02/01/2021)
2021-02-01	6	NOTICE: Attorney Action Required to 4 Motion for Permission to Practice Pro Hac Vice - Verified Petition. The Verified Petition is not on the form provided by the Clerk. While LR IA 11-1 allows a petitioner to submit a Verified Petition that is not on the Court's form, it must comply with all the requirements of the Local Rule. The Verified Petition as submitted does not comply with LR IA 11-3(d), lacking the section where the party appoints local counsel. Attorney Lisa Norrett Himes is to resubmit the Verified Petition with a section appointing local counsel that is signed by her client. She is further advised to file a Notice of Corrected Image/Document event under the Notices category and link the corrected image to ECF No. 4 Motion for Permission to Practice Pro Hac Vice - Verified Petition. (no image attached) (PAV) (Entered: 02/01/2021)
2021-02-01	7	SUMMONS ISSUED as to Federal Bureau Of Investigation re ECF No. 1 Complaint. (KR) (Entered: 02/01/2021)
2021-02-01	8	AFFIDAVIT of Mailing re 1 Complaint,, 7 Summons Issued as to USA by Plaintiff Timothy L. Blixseth. (Attachments: # 1 Exhibit Exhibit 1 - Certified Mail Receipts) (Williamson, Richard) (Entered: 02/01/2021)
2021-02-05	9	NOTICE of Corrected Image/Document re 4 Motion for Permission to Practice Pro Hac Vice - Verified Petition, by Plaintiff Timothy L. Blixseth. (Service of corrected image is attached.) (Attachments: # 1 Exhibit, # 2 Exhibit) (Williamson, Richard) (Entered: 02/05/2021)
2021-02-08	10	ORDER APPROVING ECF No. 4 / 9 Verified Petition for Permission to Practice Pro Hac Vice of Attorney Lisa Norrett Hines for Plaintiff Timothy L. Blixseth, and approving Designation of Local Counsel Richard D. Williamson. Signed by Chief Judge Miranda M. Du on 2/8/2021. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - DRM) (Entered: 02/09/2021)
2021-02-09	11	SUMMONS Returned Executed by Timothy L. Blixseth re 7 Summons Issued as to USA. Federal Bureau Of Investigation served on 2/2/2021. (Williamson, Richard) (Entered: 02/09/2021)
2021-03-01	12	CLERK'S NOTICE Regarding Local Rule IC 2-1. Attorney Lisa Norrett Himes is in violation of Local Rule IC 2-1(a) and 2-1(d). You are required to register to file documents electronically in the Court's electronic filing system (CM/ECF) and the electronic service of pleadings and other papers. Please visit the Court's website to complete the registration for CM/ECF. (no image attached) (LE) (Entered: 03/01/2021)
2021-03-04	13	ANSWER to 1 Complaint,, filed by Federal Bureau Of Investigation. Discovery Plan/Scheduling Order due by 4/18/2021.(Addington, Gregory) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. (Entered: 03/04/2021)
2021-03-04	14	MOTION to Change Venue. Transfer to District of Columbia Responses due by 3/18/2021. (Addington, Gregory) (Entered: 03/04/2021)
2021-03-18	15	RESPONSE to 14 Motion to Change Venue by Plaintiff Timothy L. Blixseth. Replies due by 3/25/2021. (Williamson, Richard) (Entered: 03/18/2021)
2021-03-22	16	2nd CLERK'S NOTICE Regarding Local Rule IC 2-1. Attorney Lisa Norrett Himes is in violation of Local Rule IC 2-1(a) and 2-1(d). You are required to register to file documents electronically in the Court's electronic filing system (CM/ECF) and the electronic service of pleadings and other papers. Please visit the Court's website to complete the registration for CM/ECF. (no image attached) (LE) (Entered: 03/22/2021)
2021-03-24	17	REPLY to Response to 14 Motion to Change Venue by Defendant Federal Bureau Of Investigation. (Addington, Gregory) (Entered: 03/24/2021)
2021-04-06	18	Joint STATUS REPORT Following FRCP 26(F) Conference by Plaintiff Timothy L. Blixseth. (Williamson, Richard) (Entered: 04/06/2021)
2021-04-13	19	MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Carla Baldwin on 4/13/2021. The court has reviewed the joint status report ECF No. 18 . A discovery plan and scheduling order shall be due 14 days following a ruling on the motion to transfer ECF Nos. 14 & 15 in the event the case remains in this District. (no image attached) (Copies have been distributed pursuant to the NEF - DN) (Entered: 04/13/2021)
2021-04-21	20	Joint STATUS REPORT by Defendant Federal Bureau Of Investigation. (Addington, Gregory) (Entered: 04/21/2021)
2021-05-18	21	ORDER granting ECF No. 14 Motion to Change Venue. The Clerk of Court is directed to transfer this action to the United States District Court for the District of Columbia under 28 U.S.C. § 1404(a) and to close this case accordingly. Signed by Chief Judge Miranda M. Du on 5/18/2021. (Copies have been distributed pursuant to the NEF - SC) (Entered: 05/18/2021)
2021-05-18	22	TRANSMITTAL of case to the District of Columbia. Case and docket sheet transferred electronically. (no image attached) (SC) (Entered: 05/18/2021)
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