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Case TitleBollinger v. U.S. Department of Labor
DistrictDistrict of New Mexico
CityAlbuquerque
Case Number1:2023cv00197
Date Filed2023-03-07
Date ClosedOpen
JudgeDistrict Judge Kenneth J. Gonzales
PlaintiffRobert Bollinger
Case DescriptionRobert Bollinger submitted a FOIA request to the Department of Labor for records concerning an accident in which he was severely injured while working at the Dicaperl Mine in Socorro, New Mexico. The agency acknowledged receipt of the request and denied the request under Exemption 7(A) (interference with ongoing investigation or proceeding). Bollinger filed an administrative appeal of the denial. The agency upheld its original denial and Bollinger filed suit.
Complaint issues: Litigation - Attorney's fees

DefendantU.S. Department of Labor
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-03-071COMPLAINT PLAINTIFFS COMPLAINT FOR INJUNCTIVE RELIEF against U.S. Department of Labor ( Filing Fee - Online Payment), filed by Robert Bollinger. (Attachments: # 1 Civil Cover Sheet)(deGraauw, J) (Entered: 03/07/2023)
2023-03-07United States Magistrate Judge Kirtan Khalsa and United States Magistrate Judge John F. Robbenhaar assigned. (jg) (Entered: 03/07/2023)
2023-03-072PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Kirtan Khalsa 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.nmd.uscourts.gov for more information and instructions. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg) (Entered: 03/07/2023)
2023-03-073Filing fee payment was received online: $ 402, receipt number ANMDC-8717662 (bap) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 03/08/2023)
2023-04-194NOTICE of Appearance by Manuel Lucero on behalf of U.S. Department of Labor (Lucero, Manuel) (Entered: 04/19/2023)
2023-05-175ANSWER to 1 Complaint by U.S. Department of Labor. Related document: 1 Complaint filed by Robert Bollinger.(Lucero, Manuel) (Entered: 05/17/2023)
2023-05-176INITIAL SCHEDULING ORDER: by Magistrate Judge John F. Robbenhaar. Joint Status Report due by 6/20/2023. Telephone Scheduling Conference set for 6/29/2023 at 02:30 PM before Magistrate Judge John F. Robbenhaar. Counsel will call Judge Robbenhaar's AT&T Teleconference Line at 888-363-4735, Access Code 2387395, to connect to the proceedings. Unless otherwise notified by the Clerk or the Court a notice of consent or non-consent for this case to proceed before the trial Magistrate Judge should be submitted by each party no later than 6/7/2023. (kc) (Entered: 05/17/2023)
2023-06-017NOTICE by Robert Bollinger (deGraauw, J) (Entered: 06/01/2023)
2023-06-028NOTICE OF IMPENDING REASSIGNMENT: Pursuant to Fed. R. Civ. P. 73(b)(2), the parties are reminded that a magistrate judge was assigned as the trial judge in this matter under 28 U.S.C. 636(c). The parties are reminded that the Clerk will reassign this matter to a district judge as the trial judge unless consents from all parties have been filed by June 7, 2023 . The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. [ THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. ] (Entered: 06/02/2023)
2023-06-029CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), U.S. Department of Labor voluntarily consent(s) to have United States Magistrate Judge Kirtan Khalsa 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: 06/02/2023)
2023-06-0810PLEASE TAKE NOTICE that this case has been reassigned to District Judge Kenneth J. Gonzales as the trial 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 Kirtan Khalsa no longer assigned to this case. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (dr) (Entered: 06/08/2023)
2023-06-1211NOTICE REGARDING DOCUMENT ENTRIES: Because this case has been reassigned to a district judge, please be advised that any documents filed by the parties under Rule 73(b) have been permanently removed from the docket. Document(s) removed: No. 9. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kg) (Entered: 06/12/2023)
2023-06-2012Joint Status Report by U.S. Department of Labor (Lucero, Manuel) (Entered: 06/20/2023)
2023-06-2913Clerk's Minutes for proceedings held before Magistrate Judge John F. Robbenhaar: Telephone Scheduling Conference held on 6/29/2023. (kc) (Entered: 06/29/2023)
2023-06-2914ORDER SETTING TELEPHONE STATUS CONFERENCE by Magistrate Judge John F. Robbenhaar. Telephone Status Conference set for 9/5/2023 at 03:00 PM before Magistrate Judge John F. Robbenhaar. Counsel will call Judge Robbenhaar's AT&T Teleconference Line at 888-363-4735, Access Code 2387395, to connect to the proceedings. THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. (kc) (Entered: 06/29/2023)
2023-08-1615ORDER RESCHEDULING TELEPHONE STATUS CONFERENCE by Magistrate Judge John F. Robbenhaar. Telephone Status Conference set for 9/5/2023 is VACATED and rescheduled for 9/20/2023 at 03:00 PM before Magistrate Judge John F. Robbenhaar. Counsel will call Judge Robbenhaar's AT&T Teleconference Line at 888-363-4735, Access Code 2387395, to connect to the proceedings. THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. (kc) (Entered: 08/16/2023)
2023-09-2016Clerk's Minutes for proceedings held before Magistrate Judge John F. Robbenhaar: Telephone Status Conference held on 9/20/2023. (kc) (Entered: 09/20/2023)
2023-09-2017ORDER SETTING TELEPHONE STATUS CONFERENCE by Magistrate Judge John F. Robbenhaar. Telephone Status Conference set for 10/26/2023 at 01:30 PM before Magistrate Judge John F. Robbenhaar. Counsel will call Judge Robbenhaar's AT&T Teleconference Line at 888-363-4735, Access Code 2387395, to connect to the proceedings. THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. (kc) (Entered: 09/20/2023)
2023-10-2618Clerk's Minutes for proceedings held before Magistrate Judge John F. Robbenhaar: Telephone Status Conference held on 10/26/2023. (kc) (Entered: 10/26/2023)
2023-12-2819NOTICE of Voluntary Dismissal of Case 1 Complaint by U.S. Department of Labor (Lucero, Manuel) (Entered: 12/28/2023)
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