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Case TitleHolmes v. Department of Homeland Security
DistrictDistrict of New Mexico
CityLas Cruces
Case Number2:2023cv00702
Date Filed2023-08-22
Date ClosedOpen
JudgeMagistrate Judge Kevin R. Sweazea
PlaintiffRichard B Holmes
Case DescriptionRichard Holmes submitted a FOIA request to the Department of Homeland Security for records concerning an investigation of Holmes when he was a Border Patrol Agent. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Holmes filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDepartment of Homeland Security
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-08-221COMPLAINT for Injunctive Relief (FOIA) against Department of Homeland Security ( Filing Fee - Online Payment), filed by Richard B Holmes. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1)(Wheeler, John) (Entered: 08/22/2023)
2023-08-22United States Magistrate Judge Kevin R. Sweazea and United States Magistrate Judge Gregory J. Fouratt assigned. (bc) (Entered: 08/22/2023)
2023-08-232Filing fee: $ 402, receipt number ANMDC-8971965 re 1 COMPLAINT for Injunctive Relief (FOIA) against Department of Homeland Security ( Filing Fee - Online Payment), filed by Richard B Holmes. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1)(Wheeler, John) filed by Richard B Holmes (arp) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 08/24/2023)
2023-08-29Summons Issued as to Department of Homeland Security c/o Hon. Alexander M.M. Uballez United States Attorney for the District of New Mexico PO Box 607 Albuquerque, NM 87103 (bc) (Entered: 08/29/2023)
2023-09-153NOTICE of Appearance by Manuel Lucero on behalf of Department of Homeland Security (Lucero, Manuel) (Entered: 09/15/2023)
2023-10-164ANSWER to 1 Complaint by Department of Homeland Security. Related document: 1 Complaint filed by Richard B Holmes.(Lucero, Manuel) (Entered: 10/16/2023)
2023-10-165PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Kevin R. Sweazea 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.] (bc) (Entered: 10/16/2023)
2023-10-166INITIAL SCHEDULING ORDER by Magistrate Judge Gregory J. Fouratt. Scheduling Conference set for 11/30/2023 at 10:00 AM before Magistrate Judge Gregory J. Fouratt. Joint Status Report due by 11/20/2023. 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 11/6/2023. (am) (Entered: 10/16/2023)
2023-10-177CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Department of Homeland Security voluntarily consent(s) to have United States Magistrate Judge Kevin R. Sweazea 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: 10/17/2023)
2023-10-178CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Richard B Holmes voluntarily consent(s) to have United States Magistrate Judge Kevin R. Sweazea conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Wheeler, John) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 10/17/2023)
2023-10-199NOTICE OF RULE 73 CONSENT Received by All Parties. Related documents: 8 Consent to Proceed Before a U.S. Magistrate Judge, filed by Richard B Holmes, 7 Consent to Proceed Before a U.S. Magistrate Judge, filed by Department of Homeland Security. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (vrr) (Entered: 10/19/2023)
2023-11-2010Joint Status Report by Department of Homeland Security (Lucero, Manuel) (Entered: 11/20/2023)
2023-11-3011Clerk's Minutes for proceedings held before Magistrate Judge Gregory J. Fouratt: Initial Scheduling Conference held on 11/30/2023. (am) (Entered: 11/30/2023)
2023-11-3012ORDER SETTING SCHEDULING CONFERENCE by Magistrate Judge Gregory J. Fouratt. A Telephonic Scheduling Conference is set for Thursday, December 14, 2023, at 10:00 a.m. before Judge Fouratt. Counsel should call the Court's conference line at (888) 363-4735 and use access code 9873158 to connect to the proceedings. Client attendance is not required. [ THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. ] (am) (Entered: 11/30/2023)
2023-12-1413Clerk's Minutes for proceedings held before Magistrate Judge Gregory J. Fouratt: Telephonic Scheduling Conference held on 12/14/2023. (am) (Entered: 12/14/2023)
2023-12-1414ORDER SETTING TELEPHONIC STATUS CONFERENCE by Magistrate Judge Gregory J. Fouratt. A Telephonic Status Conference is set for Tuesday, January 2, 2024, at 11:15 a.m. before Judge Fouratt. Counsel should call the Court's conference line at (888) 363-4735 and use access code 9873158 to connect to the proceedings. Client attendance is not required. [ THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. ] (am) (Entered: 12/14/2023)
2024-01-0215Clerk's Minutes for proceedings held before Magistrate Judge Gregory J. Fouratt: Telephonic Status Conference held on 1/2/2024. (am) (Entered: 01/02/2024)
2024-01-0216ORDER SETTING TELEPHONIC STATUS CONFERENCE by Magistrate Judge Gregory J. Fouratt. A Telephonic Status Conference is set for Thursday, January 18, 2024, at 1:00 p.m. before Judge Fouratt. Counsel should call the Court's conference line at (888) 363-4735 and use access code 9873158 to connect to the proceedings. Client attendance is not required. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (am) (Entered: 01/02/2024)
2024-01-1717MOTION to Vacate 16 Order,, Set Hearings, and reschedule by Department of Homeland Security. (Lucero, Manuel) (Entered: 01/17/2024)
2024-01-1718ORDER RESETTING TELEPHONIC STATUS CONFERENCE by Magistrate Judge Gregory J. Fouratt. The Court GRANTS 17 Stipulated Motion to Vacate and Reschedule Telephonic Status Conference. The Telephonic Status Conference set for 1/18/2024, is hereby VACATED and RESET for 2/1/2024, at 1:00 p.m. MST. The parties shall call Judge Fouratt's conference line at (888) 363-4735 and use access code 9873158 to connect to the proceedings. Client attendance is not required. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (am) (Entered: 01/17/2024)
2024-01-3019SECOND ORDER RESETTING TELEPHONIC STATUS CONFERENCE by Magistrate Judge Gregory J. Fouratt. The Telephonic Status Conference previously set for 2/1/2024, is hereby VACATED and RESET for 2/5/2024, at 11:15 AM The parties shall call Judge Fouratt's conference line at (888) 363-4735 and use access code 9873158 to connect to the proceedings. Client attendance is not required. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (am) (Entered: 01/30/2024)
2024-02-0520SETTLEMENT AGREEMENT Of Fees and Costs by Department of Homeland Security (Lucero, Manuel) (Entered: 02/05/2024)
2024-02-0521NOTICE of Voluntary Dismissal of Case 1 Complaint, 20 Settlement Agreement by Department of Homeland Security (Lucero, Manuel) (Entered: 02/05/2024)
2024-02-0522ORDER VACATING SECOND ORDER RESETTING TELEPHONIC STATUS CONFERENCE by Magistrate Judge Gregory J. Fouratt. In light of the parties' 20 Notice of Settlement and 21 Notice of Voluntary Dismissal of the Case, the Court hereby VACATES the telephonic status conference set for 2/5/2024. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (am) (Entered: 02/05/2024)
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by FOIA Project Staff
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