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Case TitleBender v. U.S. Department of Transportation et al
DistrictSouthern District of California
CitySan Diego
Case Number3:2023cv00023
Date Filed2023-01-06
Date ClosedOpen
JudgeDistrict Judge Andrew G. Schopler
PlaintiffRaymond Paul Bender PRO SE ALLOWED TO E-FILE
Case DescriptionRaymond Bender submitted FOIA requests to the Federal Aviation Administration for records. The agency acknowledged receipt of the requests and provided records in response some request, withholding records under various exemptions. Bender filed administrative appeals, but dissatisfied with the agency's responses, Bender filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantU.S. Department of Transportation
DefendantPeter Paul Montgomery Buttigieg Secretary of Transportation, in his official capacity
also known as Pete Paul Buttigieg
DefendantSecretary of Transportation
DefendantPeter Paul Montgomery Buttigieg in his official capacity
also known as Pete Paul Buttigieg
DefendantFederal Aviation Administration
DefendantActing FAA Administrator currently Billy Nolen in his official capacity
DefendantMichael Whitaker FAA Administrator, in his official capacity
DefendantOffice of the Inspector Genereal
DefendantDoes I to XX Defendant Officers & Employees
DefendantDoes I to XX Defendant Officers & Employees
TERMINATED: 05/01/2024
DefendantDoes 1 to XX Defendant Officers & Employees
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
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
Complaint attachment 16
Complaint attachment 17
Complaint attachment 18
Complaint attachment 19
Complaint attachment 20
Complaint attachment 21
Complaint attachment 22
Complaint attachment 23
Complaint attachment 24
Complaint attachment 25
Complaint attachment 26
Complaint attachment 27
Complaint attachment 28
Opinion/Order [50]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-01-061COMPLAINT against Acting FAA Administrator, Does 1 to XX, Federal Aviation Administration, Peter Paul Montgomery Buttigieg, Office of the Inspector Genereal, Secretary of Transportation, U.S. Department of Transportation ( Filing fee $ 402 receipt number CAS142784.), filed by Raymond Bender. (Attachments: # 1 Complaint pg. 51-77, # 2 Complaint pg. 78-100, # 3 Complaint pg.101-124, # 4 Complaint pg.125-150, # 5 Complaint pg. 151-179, # 6 Complaint pg. 180- 200, # 7 Complaint pg. 201- 222, # 8 New Case Raymond v. U.S. Department of Transportation, # 9 Exhibit 1, # 10 Exhibit 2, # 11 Exhibit 3, # 12 Exhibit 4, # 13 Exhibit 5, # 14 Exhibit 6, # 15 Exhibit 7, # 16 Exhibit 8, # 17 Exhibit 9, # 18 Exhibit 10, # 19 Exhibit 11, # 20 Exhibit 12, # 21 Exhibit 13, # 22 Exhibit 14, # 23 Exhibit 15, # 24 Exhibit 16, # 25 Exhibit 17, # 26 Exhibit 18, # 27 Exhibit 19, # 28 Receipt) The new case number is 3:23-cv-23-LL-AHG. Judge Linda Lopez and Magistrate Judge Allison H. Goddard are assigned to the case. (Bender, Raymond)(ggv) (sjt). (Entered: 01/09/2023)
2023-01-062Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. Summons has been provided to plaintiffs not receiving notice electronically. (ggv) (sjt). (Entered: 01/09/2023)
2023-02-063Ex Parte MOTION for Extension of Time to File Answer by Acting FAA Administrator, Federal Aviation Administration, Peter Paul Montgomery Buttigieg, Office of the Inspector Genereal, U.S. Department of Transportation. (Attachments: # 1 Declaration of Morgan P. Suder, # 2 Proof of Service)(Suder, Morgan)Attorney Morgan Paige Suder added to party Acting FAA Administrator(pty:dft), Attorney Morgan Paige Suder added to party Federal Aviation Administration(pty:dft), Attorney Morgan Paige Suder added to party Peter Paul Montgomery Buttigieg(pty:dft), Attorney Morgan Paige Suder added to party Office of the Inspector Genereal(pty:dft), Attorney Morgan Paige Suder added to party U.S. Department of Transportation(pty:dft) (ddf). (Entered: 02/06/2023)
2023-02-064ORDER Granting Ex Parte Motion For Extension [ECF No. 3 ]. Signed by Judge Linda Lopez on 2/6/2023. (All non-registered users served via U.S. Mail Service)(ddf) (Entered: 02/06/2023)
2023-02-095SUMMONS Returned Executed by Raymond Bender. Acting FAA Administrator, Federal Aviation Administration, Peter Paul Montgomery Buttigieg, U.S. Department of Transportation served. (ddf) (Entered: 02/09/2023)
2023-02-136Notice Of Motion And Motion For Plaintiff Pro Se Ex Parte Application To File Pleadings Electronically Using CM/ECF by Raymond Bender. (ddf) (Entered: 02/13/2023)
2023-02-147ORDER Granting Ex Parte Motion For Extension [ECF No. 6 ]. Signed by Judge Linda Lopez on 2/14/2023. (All non-registered users served via U.S. Mail Service)(ddf) (Entered: 02/14/2023)
2023-03-158Ex Parte MOTION for Extension of Time to File Answer by Acting FAA Administrator, Federal Aviation Administration, Peter Paul Montgomery Buttigieg, Office of the Inspector Genereal, U.S. Department of Transportation. (Attachments: # 1 Declaration of Morgan P. Suder)(Suder, Morgan) (ddf). (Entered: 03/15/2023)
2023-03-169ORDER Granting Ex Parte Motion For Extension [ECF No. 8 ]. Signed by Judge Linda Lopez on 3/16/2023. (ddf) (Entered: 03/16/2023)
2023-03-2010ORDER OF TRANSFER. Judge Linda Lopez is no longer assigned. Case reassigned to District Judge Andrew G. Schopler for all further proceedings. The new case number is 23cv00023-AGS-AHG. Signed by Judge Linda Lopez on 3/20/2023.(ddf) (Entered: 03/20/2023)
2023-04-1911MOTION to Dismiss by Acting FAA Administrator, Federal Aviation Administration, Peter Paul Montgomery Buttigieg, Office of the Inspector Genereal, U.S. Department of Transportation. (Suder, Morgan) (jms). (Entered: 04/19/2023)
2023-06-0612RESPONSE in Opposition re 11 MOTION to Dismiss filed by Raymond Paul Bender. (Attachments: # 1 RAYMOND BENDER Supporting Affidavit)(Bender, Raymond) (jms). (Entered: 06/06/2023)
2023-06-2313REPLY to Response to Motion re 11 MOTION to Dismiss filed by Acting FAA Administrator, Federal Aviation Administration, Peter Paul Montgomery Buttigieg, Office of the Inspector Genereal, U.S. Department of Transportation. (Attachments: # 1 Declaration of Dedra Goodman)(Suder, Morgan) (jms). (Entered: 06/23/2023)
2023-06-2614ORDER (AGS): The hearing previously scheduled on defendant's motion to dismiss (ECF 11 ) is vacated. The Court finds the matter suitable for disposition without oral argument. Signed by District Judge Andrew G. Schopler on 06/26/2023. (All non-registered users served via U.S. Mail Service) (no document attached) (raw) (Entered: 06/26/2023)
2023-06-2615REPLY - Other re 13 Reply to Response to Motion, Lodged Reply to FAA FOIA Coordinator Goodman filed by Raymond Paul Bender. (Bender, Raymond) (Entered: 06/26/2023)
2023-11-0316ORDER Setting Discovery Conference. Discovery conference, regarding certain discovery disputes, set for 11/27/2023 at 10:30 AM before Magistrate Judge Allison H. Goddard. Signed by Magistrate Judge Allison H. Goddard on 11/3/2023.(hmw) (Entered: 11/03/2023)
2023-11-2717Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Discovery Conference held on 11/27/2023. The Court advised the parties that its tentative ruling would be to deny the requests for early discovery and an early ENE. Should Plaintiff choose to file a motion for early discovery or an early ENE, the motion must be filed by 1/12/2024, Defendant's opposition or notice of non-opposition must be filed by 1/26/2024, and Plaintiff's reply may be filed by 2/2/2024; the Court reserves 2/9/2024 as the hearing date for the motion, and upon completion of the briefing will alert the parties whether oral argument will be required. (Plaintiff Raymond Paul Bender, proceeding pro se ). (Defendant Attorney Morgan Paige Suder). (no document attached) (hmw) (Entered: 11/27/2023)
2024-03-2718ORDER Granting in Part Defendants Motion to Dismiss (ECF 11 ). Signed by District Judge Andrew G. Schopler on 3/27/2024. (All non-registered users served via U.S. Mail Service)(jms) (Entered: 03/27/2024)
2024-05-0119AMENDED COMPLAINT against Federal Aviation Administration, Peter Paul Montgomery Buttigieg, Office of the Inspector Genereal, U.S. Department of Transportation, Michael Whitaker, filed by Raymond Paul Bender.New Summons Requested. (jms) (Entered: 05/01/2024)
2024-05-0120Amended Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. Summons has been provided to plaintiffs not receiving notice electronically. (jms) (Entered: 05/01/2024)
2024-05-0721Ex Parte MOTION for Extension of Time to File Answer re 19 Amended Complaint (unopposed) by Federal Aviation Administration, Peter Paul Montgomery Buttigieg, Office of the Inspector Genereal, U.S. Department of Transportation, Michael Whitaker. (Attachments: # 1 Proof of Service)(Parker, Katherine)Attorney Katherine L. Parker added to party Federal Aviation Administration(pty:dft), Attorney Katherine L. Parker added to party Peter Paul Montgomery Buttigieg(pty:dft), Attorney Katherine L. Parker added to party Office of the Inspector Genereal(pty:dft), Attorney Katherine L. Parker added to party U.S. Department of Transportation(pty:dft), Attorney Katherine L. Parker added to party Michael Whitaker(pty:dft) (jms). (Entered: 05/07/2024)
2024-05-0822MINUTE ORDER (AGS): Defendants' unopposed ex parte motion for an extension (ECF 21 ) is granted. By June 5, 2024, defendants must respond to the complaint. Signed by District Judge Andrew G. Schopler on 5/08/2024. (no document attached) (raw) (Entered: 05/08/2024)
2024-06-0523NOTICE of Proof of Service FAC and Summons by Raymond Paul Bender (Bender, Raymond) (jms). (Entered: 06/05/2024)
2024-06-0524ANSWER to 19 Amended Complaint by Peter Paul Montgomery Buttigieg, Federal Aviation Administration, Michael Whitaker, U.S. Department of Transportation, Office of the Inspector Genereal.(Parker, Katherine) (jms). (Entered: 06/05/2024)
2024-06-0625NOTICE AND ORDER for Early Neutral Evaluation Conference ("ENE") and Case Management Conference ("CMC"). ENE set for 7/12/2024 at 9:30 AM before Magistrate Judge Allison H. Goddard. In the event the case does not settle at the ENE, the Court will immediately thereafter hold a CMC. Signed by Magistrate Judge Allison H. Goddard on 6/6/2024.(hmw) (Entered: 06/06/2024)
2024-06-1226Ex Parte MOTION Defendants be Excused from Requirement to Appear with Full Settlement Authority (Unopposed) by Federal Aviation Administration, Peter Paul Montgomery Buttigieg, Office of the Inspector Genereal, U.S. Department of Transportation, Michael Whitaker. (Parker, Katherine) (jms). (Entered: 06/12/2024)
2024-06-1227ORDER Granting 26 Defendants' Ex Parte Motion to Permit Defendants to Appear at the Early Neutral Evaluation Conference through Litigation Counsel. Signed by Magistrate Judge Allison H. Goddard on 6/12/2024. (hmw) (Entered: 06/12/2024)
2024-07-0128NOTICE of Joint Case Management Statement by Federal Aviation Administration, Peter Paul Montgomery Buttigieg, Office of the Inspector Genereal, U.S. Department of Transportation, Michael Whitaker (Parker, Katherine) (jms). (Entered: 07/01/2024)
2024-07-1129Amended ANSWER to Complaint by Federal Aviation Administration, Peter Paul Montgomery Buttigieg, Office of the Inspector Genereal, U.S. Department of Transportation, Michael Whitaker.(Parker, Katherine) (jms). (Entered: 07/11/2024)
2024-07-1230Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Early Neutral Evaluation Conference and Case Management Conference held on 7/12/2024. The case did not settle. The Court discussed a meet and confer process to streamline issues for summary judgment. Order to issue. (Plaintiff Attorney Raymond Paul Bender, proceeding pro se ). (Defendant Attorney Katherine L. Parker). (no document attached) (hmw) (Entered: 07/12/2024)
2024-07-1231ORDER Following Case Management Conference. (Status Conference set for 10/7/2024 at 9:30 AM before Magistrate Judge Allison H. Goddard). Signed by Magistrate Judge Allison H. Goddard on 7/12/2024.(hmw) (Entered: 07/12/2024)
2024-08-1932MOTION re 29 Answer to Complaint FRCP Rule 11 Motion for New Answer by Raymond Paul Bender. (Attachments: # 1 Declaration Supports P Rule 11 Motion)(Bender, Raymond) (Main Document 32 replaced on 3/17/2025) (mef). (Attachment 1 replaced on 3/17/2025) (mef). (Entered: 08/19/2024)
2024-09-2033RESPONSE in Opposition re 32 MOTION re 29 Answer to Complaint FRCP Rule 11 Motion for New Answer filed by Federal Aviation Administration, Peter Paul Montgomery Buttigieg, Office of the Inspector Genereal, U.S. Department of Transportation, Michael Whitaker. (Attachments: # 1 Declaration of Katherine L. Parker, # 2 Exhibit Exhibits 1-3 to Parker Declaration)(Parker, Katherine)(jmo). (Entered: 09/20/2024)
2024-09-2634REPLY to Response to Motion re 32 MOTION re 29 Answer to Complaint FRCP Rule 11 Motion for New Answer Plaintiff Reply to D Opposition filed by Raymond Paul Bender. (Attachments: # 1 Affidavit Plaintiff Dec Supporting Rule 11 Motion)(Bender, Raymond) (Main Document 34 re-scanned for PDF header on 3/17/2025) (mef). (Attachment 1 re-scanned for PDF header on 3/17/2025) (mef). (Entered: 09/26/2024)
2024-09-2735MINUTE ORDER (AGS): Plaintiff's sanctions motion (ECF 32 ) is taken under submission, and the previously scheduled hearing is vacated. Signed by District Judge Andrew G. Schopler on 09/27/2024. (no document attached) (raw) (Entered: 09/27/2024)
2024-10-0736Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Status Conference, regarding the parties' joint chart and scheduling, held on 10/7/2024. Order to issue. (Plaintiff Raymond Paul Bender, proceeding pro se ). (Defendant Attorney Katherine L. Parker). (no document attached) (hmw) (Entered: 10/07/2024)
2024-10-0737ORDER Following Status Conference. Signed by Magistrate Judge Allison H. Goddard on 10/7/2024.(hmw) (Entered: 10/07/2024)
2024-10-0838SUPPLEMENTAL DOCUMENT by Raymond Paul Bender Letter re Administrative Record Scope . (Bender, Raymond) (Entered: 10/08/2024)
2024-10-1439OBJECTION by Raymond Paul Bender Rule 72 Objections to Magistrate Goddard Order Following Status Conference . (Bender, Raymond) (Entered: 10/14/2024)
2024-10-1540ORDER (AGS): Plaintiff's objections are taken under advisement. Defendants' response, if any, is due November 4, 2024. Plaintiff's reply is due November 18, 2024. Signed by District Judge Andrew G. Schopler on 10/15/2024. (no document attached) (emp). (Entered: 10/15/2024)
2024-10-3141MOTION for Summary Judgment (Partial) as to Administrative Exhaustion by Michael Whitaker, Office of the Inspector Genereal, U.S. Department of Transportation, Peter Paul Montgomery Buttigieg, Federal Aviation Administration. (Attachments: # 1 Declaration of Laurie Karnay and Exhibits A-D, # 2 Declaration of Katherine Parker)(Parker, Katherine) (jms). (Entered: 10/31/2024)
2024-11-0442RESPONSE re 39 Objection filed by Michael Whitaker, Office of the Inspector Genereal, U.S. Department of Transportation, Peter Paul Montgomery Buttigieg, Federal Aviation Administration. (Parker, Katherine) (mef). (Entered: 11/04/2024)
2024-11-1543REPLY - Other re 42 Response - Other filed by Raymond Paul Bender. (Bender, Raymond) (Entered: 11/15/2024)
2024-11-2744Plaintiff REPLY to Defendants' Motion for Partial Summary Judgment Administrative Exhaustion re 41 MOTION for Summary Judgment (Partial) as to Administrative Exhaustion filed by Raymond Paul Bender. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit)(mef) (Additional attachment(s) added on 12/2/2024: # 11 Declaration in support) (sjt). (Entered: 11/27/2024)
2024-12-0645REPLY to Response to Motion re 41 MOTION for Summary Judgment (Partial) as to Administrative Exhaustion filed by Michael Whitaker, Office of the Inspector Genereal, U.S. Department of Transportation, Peter Paul Montgomery Buttigieg, Federal Aviation Administration. (Parker, Katherine) (mef). (Entered: 12/06/2024)
2024-12-0946ORDER (AGS): Defendants' partial summary-judgment motion (ECF 41 ) is taken under submission, and the previously scheduled hearing is vacated. Signed by District Judge Andrew G. Schopler on 12/09/2024. (no document attached) (emp) (Entered: 12/09/2024)
2024-12-2347MOTION to Amend/Correct 44 Reply - Other, by Raymond Paul Bender. (Bender, Raymond) (Entered: 12/23/2024)
2025-01-0348Joint MOTION to Continue Summary Judgment Deadlines by Michael Whitaker, Office of the Inspector Genereal, U.S. Department of Transportation, Peter Paul Montgomery Buttigieg, Federal Aviation Administration. (Parker, Katherine) (mef). (Entered: 01/03/2025)
2025-01-0649ORDER (AGS): The joint motion to modify the scheduling order (ECF 48 ) is granted in part, and all scheduling order deadlines are vacated. Within 14 days of a ruling on the pending partial summary-judgment motion (ECF 41 ), the parties must submit a jointly proposed case schedule to Judge Goddard via email (not filed) at efile_goddard@casd.uscourts.gov. If the parties disagree about any portion of the scheduling proposal, they must explain the disagreement in their submission to Judge Goddard. Signed by District Judge Andrew G. Schopler on 1/6/2025. (no document attached) (emp) (Entered: 01/06/2025)
2025-03-2050ORDER Denying Plaintiff's Sanctions Motion (ECF 32 ). Signed by District Judge Andrew G. Schopler on 03/20/2025. (All non-registered users served via U.S. Mail Service)(mef) (Entered: 03/20/2025)
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