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Case TitleUS Right to Know v. National Nuclear Security Administration
DistrictDistrict of New Mexico
CityAlbuquerque
Case Number1:2023cv00343
Date Filed2023-04-24
Date Closed2024-02-29
JudgeChief District Judge William P. Johnson
PlaintiffUS Right to Know
Case DescriptionU.S. Right to Know submitted a FOIA request to National Nuclear Security Administration for records concerning intelligence finding or briefings by Lawrence Livermore National Lab related to the origin of COVID-19. The agency acknowledged receipt of the request but after hearing nothing further from the agency, U.S. Right to Know filed suit.
Complaint issues: Public Interest Fee Waiver, Failure to respond within statutory time limit

DefendantNational Nuclear Security Administration
DefendantU.S. Department of Energy
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Opinion/Order [27]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-04-241COMPLAINT against National Nuclear Security Administration ( Filing Fee - Online Payment), filed by US Right to Know. (Attachments: # 1 Exhibit A (FOIA Request), # 2 Exhibit B (Dept. of Energy Correspondence), # 3 Exhibit C (NNSA Correspondence), # 4 Supplement FOIA (30-day) Summonses Requested, # 5 Civil Cover Sheet)(Hardin, Matthew) (Entered: 04/24/2023)
2023-04-24United States Magistrate Judge Kirtan Khalsa and United States Magistrate Judge Laura Fashing assigned. (jg) (Entered: 04/24/2023)
2023-04-242PLEASE 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: 04/24/2023)
2023-04-243Filing fee: $ 402, receipt number ANMDC-8790446 re 1 COMPLAINT against National Nuclear Security Administration ( Filing Fee - Online Payment), filed by US Right to Know. (Attachments: # 1 Exhibit A (FOIA Request), # 2 Exhibit B (Dept. of Energy Correspondence), # 3 Exhibit C (NNSA Correspondence), # 4 Supplement FOIA (30-day) Summonses Requested, # 5 Civil Cover Sheet)(Hardin, Matthew) filed by US Right to Know (cmm) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 04/25/2023)
2023-04-274MOTION for Issuance of 30 Day (FOIA) Summonses by US Right to Know. (Attachments: # 1 Supplement Proposed Summons to NNSA, # 2 Supplement Proposed Summons to US Dept. of Energy, # 3 Supplement Proposed Summons to Attorney General, # 4 Supplement Proposed Summons to US Attorney, # 5 Supplement Correspondence with Clerk's Office) (Hardin, Matthew) (Entered: 04/27/2023)
2023-05-255ORDER by Magistrate Judge Laura Fashing granting 4 Motion for Issuance of 30-Day Summonses. The Clerk of the Court is hereby directed to issue the summonses attached to plaintiff's motion.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (lj) (Entered: 05/25/2023)
2023-05-26Summons Issued as to National Nuclear Security Administration, U.S. Department of Energy, U.S. Attorney and U.S. Attorney General (jg) (Entered: 05/26/2023)
2023-06-096NOTICE of Appearance by Manuel Lucero on behalf of National Nuclear Security Administration, U.S. Department of Energy (Lucero, Manuel) (Entered: 06/09/2023)
2023-06-097Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by National Nuclear Security Administration, U.S. Department of Energy. (Lucero, Manuel) (Entered: 06/09/2023)
2023-06-098ORDER by Magistrate Judge Laura Fashing granting 7 Motion for Extension of Time to Answer. National Nuclear Security Administration answer due 6/20/2023; U.S. Department of Energy answer due 6/20/2023. (lj) (Entered: 06/09/2023)
2023-06-209ANSWER to 1 Complaint, by National Nuclear Security Administration, U.S. Department of Energy. Related document: 1 Complaint, filed by US Right to Know.(Lucero, Manuel) (Entered: 06/20/2023)
2023-06-2110INITIAL SCHEDULING ORDER by Magistrate Judge Laura Fashing. Rule 16 Initial Scheduling Conference set for 8/2/2023 at 02:00 PM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Laura Fashing. Joint Status Report and Provisional Discovery Plan due by 7/26/2023. 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 7/12/2023. (lj) (Entered: 06/21/2023)
2023-06-2612PLEASE TAKE NOTICE that this case has been reassigned to Chief United States District Judge William P. Johnson 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. United States Magistrate Judge Kirtan Khalsa no longer assigned to this case. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg) (Entered: 06/26/2023)
2023-06-2813NOTICE 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. 11. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kg) (Entered: 06/28/2023)
2023-07-3114Joint Status Report by National Nuclear Security Administration, U.S. Department of Energy (Lucero, Manuel) (Entered: 07/31/2023)
2023-08-0215Clerk's Minutes for proceedings held before Magistrate Judge Laura Fashing: Scheduling Conference held on 8/2/2023. (lj) (Entered: 08/02/2023)
2023-08-0216SCHEDULING ORDER by Magistrate Judge Laura Fashing. Amended Pleadings due by 10/13/2023. 60-day joint status report due by 10/2/23. (lj) (Entered: 08/02/2023)
2023-10-0217MOTION for Extension of Time to File Joint Status Report by US Right to Know. (Hardin, Matthew) (Entered: 10/02/2023)
2023-10-1018Second MOTION for Extension of Time to File Joint Status Report by US Right to Know. (Hardin, Matthew) (Entered: 10/10/2023)
2023-10-1719Joint Status Report and proposed briefing schedule by National Nuclear Security Administration, U.S. Department of Energy (Lucero, Manuel) (Entered: 10/17/2023)
2023-10-1920ORDER by Magistrate Judge Laura Fashing SETTING STATUS CONFERENCE AND FINDING MOTIONS AS MOOT. Status Conference set for 11/16/2023 at 02:00 PM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Laura Fashing. Because the parties have filed their Joint Status Report, plaintiff's 17 18 motions for extension are moot and hereby terminated. (lj) (Entered: 10/19/2023)
2023-11-1621Clerk's Minutes for proceedings held before Magistrate Judge Laura Fashing: Status Conference held on 11/16/2023. (lj) (Entered: 11/16/2023)
2023-11-1622ORDER Setting Briefing Schedule by Magistrate Judge Laura Fashing. Defendants shall file their motion for summary judgment by January 19, 2024. Plaintiff shall respond and, optionally, file their cross-motion by February 8, 2024. Defendants shall reply by February 22, 2024. If plaintiff files a cross-motion, defendants shall respond by February 22, 2024 and plaintiffs shall reply by March 1, 2024. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (lj) (Entered: 11/16/2023)
2024-01-1923MOTION for Summary Judgment by National Nuclear Security Administration, U.S. Department of Energy. (Attachments: # 1 Affidavit Declaration of search conducted, # 2 Exhibit A: Original FOIA request, # 3 Exhibit B: Agency Acknowledgement letter of receipt of FOIA request, # 4 Exhibit C: Final agency letter with results of search and documents) (Lucero, Manuel) (Entered: 01/19/2024)
2024-02-0824MEMORANDUM in Opposition re 23 MOTION for Summary Judgment filed by US Right to Know. (Attachments: # 1 Affidavit of Counsel, # 2 Exhibit Correspondence re: Search) (Hardin, Matthew) (Entered: 02/08/2024)
2024-02-2225REPLY to Response to Motion re 23 MOTION for Summary Judgment filed by National Nuclear Security Administration, U.S. Department of Energy. (Lucero, Manuel) (Entered: 02/22/2024)
2024-02-2226NOTICE of Briefing Complete by National Nuclear Security Administration, U.S. Department of Energy re 23 MOTION for Summary Judgment filed by U.S. Department of Energy, National Nuclear Security Administration (Lucero, Manuel) (Entered: 02/22/2024)
2024-02-2927MEMORANDUM OPINION AND ORDER by Chief District Judge William P. Johnson GRANTING 23 MOTION for Summary Judgment . (fs) (Entered: 02/29/2024)
2024-02-2928FINAL JUDGMENT by Chief District Judge William P. Johnson. (fs) (Entered: 02/29/2024)
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