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Case TitleLindstrom v. Nevada State Militia
DistrictDistrict of Nevada
CityReno
Case Number3:2024cv00152
Date Filed2024-03-29
Date ClosedOpen
JudgeDistrict Judge Anne R. Traum
PlaintiffAndrew J. Lindstrom
Case DescriptionAndrew Lindstrom submitted a FOIA request to the National Guard Bureau for his records. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Lindstrom filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantNevada State Militia (Nevada National Guard)
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [36]
Opinion/Order [41]
Opinion/Order [46]
Opinion/Order [84]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-03-293COMPLAINT against Nevada State Militia (Filing fee $405 paid - Receipt #3-0514) by Andrew J. Lindstrom. Certificate of Interested Parties due by 4/8/2024. Proof of service due by 6/27/2024. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt) (DLS) (Entered: 04/01/2024)
2024-04-01Case randomly assigned to Magistrate Judge Craig S. Denney. (DLS) (Entered: 04/01/2024)
2024-04-011GENERAL ORDER 2023-11 IN RE: CONSENT AND REFERRALS TO UNITED STATES MAGISTRATE JUDGES UNDER 28 U.S.C. § 636. (A copy of the General Order has been mailed to parties not receiving electronic service.) (DLS) (Entered: 04/01/2024)
2024-04-012OPTION TO DECLINE MAGISTRATE JUDGE OVERSEEING YOUR CASE. The attached form must be filed in the docket or received by the Clerk within 21 days of your first appearance in the case should you choose to decline consent. (A copy of the form has been mailed to parties not receiving electronic service.) (DLS) (Entered: 04/01/2024)
2024-04-014ADVISORY LETTER to litigant. (DLS) (Entered: 04/01/2024)
2024-04-095CLERK'S NOTICE. To date, a Certificate of Interested Parties has not been filed, pursuant to LR 7.1-1, by Plaintiff Lindstrom. Certificate of Interested Parties due by 4/16/2024. (no image attached) (HAM) (Entered: 04/09/2024)
2024-04-166CLERK'S NOTICE. To date, a Certificate of Interested Parties has not been filed, pursuant to LR 7.1-1, by Plaintiff Lindstrom. Certificate of Interested Parties due by 4/30/2024. (no image attached) (HAM) (Entered: 04/16/2024)
2024-04-247CERTIFICATE of Interested Parties (Federal Circuit form) filed by Andrew J. Lindstrom. There are no known interested parties other than those participating in the case (DRM) (Entered: 04/25/2024)
2024-04-248SUMMONS Returned Executed by Andrew J. Lindstrom. Nevada State Militia served on 4/16/2024. (DRM) (Entered: 04/25/2024)
2024-04-249NOTICE to Clerk of Court regarding assignment of case to Magistrate Judge. (The attached document is restricted to the Office of the Clerk and is not viewable. The filer of this document is also restricted. See General Orders 2023-11 and 2023-12.) (Entered: 04/25/2024)
2024-04-29Case randomly assigned to District Judge Anne R. Traum and Magistrate Judge Craig S. Denney. (HAM) (Entered: 04/29/2024)
2024-06-2410MOTION for Default Judgment, by Plaintiff Andrew J. Lindstrom. Responses due by 7/8/2024. (DRM) (Entered: 06/24/2024)
2024-07-0811SET ASIDE per 27 Order Clerk's ENTRY OF DEFAULT as to Nevada State Militia re 10 Motion for entry of default. (HAM) Modified on 8/27/2024 to denote Set Aside; NEF regenerated (DRM). (Entered: 07/08/2024)
2024-07-1112MOTION for Assignment of Damages, by Plaintiff Andrew J. Lindstrom. Responses due by 7/25/2024. (DRM) (Entered: 07/11/2024)
2024-07-1613MOTION to Set Aside Default re 11 Clerk's Entry of Default by Defendant Nevada State Militia. Responses due by 7/30/2024. (Attachments: # 1 Exhibit A)(Rose, Patrick) (misc) (nondispositive) (Entered: 07/16/2024)
2024-07-2514RESPONSE to 12 Motion by Defendant Nevada State Militia. Replies due by 8/1/2024. (Rose, Patrick) (Entered: 07/25/2024)
2024-07-2915MOTION to Disqualify Counsel by Plaintiff Andrew J. Lindstrom. Responses due by 8/12/2024. (DLS) (misc) (nondispositive) (Entered: 07/29/2024)
2024-07-2916RESPONSE/Objection to 13 Motion to Set Aside Default, by Plaintiff Andrew J. Lindstrom. Replies due by 8/5/2024. (Attachments: # 1 Exhibits)(DLS) (Entered: 07/29/2024)
2024-07-3017MOTION to Grant Injunction to Forbid Kevin Remus Eso from Engaging in Ex Parte Communication with Potential Witnesses.. , by Plaintiff Andrew J. Lindstrom. Responses due by 8/13/2024. (DLS) (misc) (Entered: 07/30/2024)
2024-08-0518ADDENDUM to 12 Motion by Plaintiff Andrew J. Lindstrom. (DLS) (Entered: 08/05/2024)
2024-08-0519REPLY to 14 Response re 12 Motion by Plaintiff Andrew J. Lindstrom. (DLS) (Entered: 08/05/2024)
2024-08-0520REPLY to Response to 13 Motion by Defendant Nevada State Militia. (Rose, Patrick) (Entered: 08/05/2024)
2024-08-1221RESPONSE to 15 Motion by Defendant Nevada State Militia. Replies due by 8/19/2024. (Rose, Patrick) (Entered: 08/12/2024)
2024-08-1322RESPONSE to 17 Motion by Defendant Nevada State Militia. Replies due by 8/20/2024. (Rose, Patrick) (Entered: 08/13/2024)
2024-08-1923RESPONSE to 18 Addendum by Defendant Nevada State Militia. (Rose, Patrick) (Entered: 08/19/2024)
2024-08-1924REPLY to 21 Response re 15 Motion by Plaintiff Andrew J. Lindstrom. (DLS) (Entered: 08/19/2024)
2024-08-2025REPLY Rebuttal to Objection for Injunctive Relief re 22 Response re 17 Motion, by Plaintiff Andrew J. Lindstrom. (DRM) (Entered: 08/21/2024)
2024-08-2726ORDER - Plaintiff's motion to disqualify defense counsel (ECF No. 15 ) is DENIED . Signed by Magistrate Judge Craig S. Denney on 8/27/2024. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 08/27/2024)
2024-08-2727ORDER - Defendant's motion to set aside the entry of default (ECF No. 13 ) is GRANTED . Signed by Magistrate Judge Craig S. Denney on 8/27/2024.(Copies have been distributed pursuant to the NEF - DRM) (Entered: 08/27/2024)
2024-09-3028AFFIDAVIT of Service by Plaintiff Andrew J. Lindstrom. (DLS) (Entered: 09/30/2024)
2024-10-0129CIVIL STANDING ORDER of U.S. Magistrate Judge Craig S. Denney. (Copies have been distributed pursuant to the NEF - HJ) (Entered: 10/01/2024)
2024-10-0730AFFIDAVIT of Service, by Andrew J. Lindstrom. Nevada State Militia served on 9/17/2024. (DRM) (Entered: 10/07/2024)
2024-10-3031MOTION for Pro Se Litigant to File Electronically by Plaintiff Andrew J. Lindstrom. Responses due by 11/13/2024. (DLS) (Entered: 10/30/2024)
2024-10-3032MOTION for Clarification of Civil Standing Order, by Plaintiff Andrew J. Lindstrom. Responses due by 11/13/2024. (DLS) (misc) (nondispositive) (Entered: 10/30/2024)
2024-10-3133ORDER granting 31 Motion for Pro Se Litigant to File Electronically; applicable only to this case. Signed by Magistrate Judge Craig S. Denney on 10/31/2024.(Copies have been distributed pursuant to the NEF - DRM) (Entered: 10/31/2024)
2024-11-1534MOTION for Protective Order by Plaintiff Andrew J. Lindstrom. Responses due by 11/29/2024. (DLS) (Entered: 11/15/2024)
2024-11-1835ANSWER to 3 Complaint, filed by Nevada State Militia. Certificate of Interested Parties due by 11/28/2024. Discovery Plan/Scheduling Order due by 1/2/2025.(Rose, Patrick) 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: 11/18/2024)
2024-11-2036ORDER SETTING VIDEO CASE MANAGEMENT CONFERENCE - A video case management conference utilizing Zoom video conferencing technology is set before this Court on FRIDAY, DECEMBER 20, 2024, at 10:00 a.m. The parties are directed to contact the Courtroom Administrator, Ashlyn Bye, at Ashlyn_Bye@nvd.uscourts.gov, by noon on MONDAY, DECEMBER 16, 2024, to provide the e-mail address of all counsel who will be attending the hearing. The parties shall file a Joint Case Management Report electronically on CM/ECF by 4:00 p.m. on TUESDAY, DECEMBER 17, 2024. In advance of the mandatory case management conference, the parties shall file a proposed Discovery Plan and Scheduling Order no later than TUESDAY, DECEMBER 17, 2024. Signed by Magistrate Judge Craig S. Denney on 11/20/2024. (Copies have been distributed pursuant to the NEF - GA) (Entered: 11/20/2024)
2024-11-2737RESPONSE to 34 Motion for Protective Order by Defendant Nevada State Militia. Replies due by 12/4/2024. (Rose, Patrick) (Entered: 11/27/2024)
2024-11-2738STRICKEN ON 12/6/2024 PURSUANT TO 41 ORDER . Amendment to Complaint , by Andrew J. Lindstrom. (DLS) Modified on 12/6/2024 to strike (DLS). (Entered: 11/27/2024)
2024-12-0339RESPONSE to 38 Amended Complaint by Defendant Nevada State Militia. (Rose, Patrick) (Entered: 12/03/2024)
2024-12-0340Final REPLY to 37 Response re 34 Motion for Protective Order, by Plaintiff Andrew J. Lindstrom. (DRM) (Entered: 12/04/2024)
2024-12-0641ORDER - IT IS HEREBY ORDERED that Plaintiff's Amendment to Complaint (ECF No. 38 ) shall be STRICKEN . Signed by Magistrate Judge Craig S. Denney on 12/6/2024. (Copies have been distributed pursuant to the NEF - DLS) (Entered: 12/06/2024)
2024-12-0642ORDER denying 34 Motion for Protective Order. Signed by Magistrate Judge Craig S. Denney on 12/6/2024.(Copies have been distributed pursuant to the NEF - DLS) (Entered: 12/06/2024)
2024-12-0643ORDER denying 32 Motion for Clarification. Signed by Magistrate Judge Craig S. Denney on 12/6/2024.(Copies have been distributed pursuant to the NEF - DLS) (Entered: 12/06/2024)
2024-12-1644CASE MANAGEMENT REPORT by Defendant Nevada State Militia. (Rose, Patrick) (Entered: 12/16/2024)
2024-12-1645Proposed Discovery Plan and Scheduling Order by Defendant Nevada State Militia. (Rose, Patrick) (Entered: 12/16/2024)
2024-12-1646SCHEDULING ORDER re 45 Proposed Order : Federal Defendant will file and serve the AR by 1/15/2025. Plaintiff will file its motion for summary judgment by 3/28/2025. Federal Defendant will file its combined opposition/motion for summary judgment due by 4/30/2025. Plaintiff will file its combined opposition/reply due by 5/30/2025. Federal Defendant will file its reply by June 20, 2025. Signed by Magistrate Judge Craig S. Denney on 12/16/2024. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 12/16/2024)
2024-12-1647MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Craig S. Denney on 12/16/2024. The court has approved the Briefing Schedule (ECF No. 46), and it does not appear that an initial case management conference is necessary. If the parties disagree, they may file a stipulation requesting a case management conference. In the event a discovery dispute arises, the parties shall follow the informal discovery dispute procedure outlined in the Court's Civil Standing Order (ECF No. 29). IT IS HEREBY ORDERED that the Case Management Conference scheduled for Friday, December 20, 2024, at 10:00 a.m. is VACATED . (no image attached) (Copies have been distributed pursuant to the NEF - HJ) (Entered: 12/16/2024)
2024-12-2048REPLY to 46 Order on Discovery Plan and Scheduling Order by Plaintiff Andrew J. Lindstrom. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(MB) (Entered: 12/20/2024)
2024-12-2349MOTION for Leave to Amend Filing, by Plaintiff Andrew J. Lindstrom. Responses due by 1/6/2025. (DLS) (Entered: 12/23/2024)
2024-12-2350MOTION to Conduct Discovery by Plaintiff Andrew J. Lindstrom. Responses due by 1/6/2025. (DLS) (misc) (discovery) (Entered: 12/23/2024)
2024-12-3151RESPONSE to 49 Motion to Amend/Correct by Defendant Nevada State Militia. Replies due by 1/7/2025. (Rose, Patrick) (Entered: 12/31/2024)
2024-12-3152RESPONSE to 50 Motion by Defendant Nevada State Militia. Replies due by 1/7/2025. (Rose, Patrick) (Entered: 12/31/2024)
2025-01-0653REPLY to 51 Response re 49 Motion to Amend/Correct by Plaintiff Andrew J. Lindstrom. (GA) (Entered: 01/06/2025)
2025-01-0654REPLY to 52 Response re 50 Motion by Plaintiff Andrew J. Lindstrom. (GA) (Entered: 01/06/2025)
2025-01-1355ADDENDUM to 54 Reply by Plaintiff Andrew J. Lindstrom. (DLS) (Entered: 01/14/2025)
2025-01-1356Restraining Order Petition , by Plaintiff Andrew J. Lindstrom. Responses due by 1/27/2025. (DLS) (Entered: 01/14/2025)
2025-01-1557NOTICE of Manual Filing by Defendant Nevada State Militia re 46 Order on Discovery Plan and Scheduling Order,,,,,. Object: Flashdrive, Volume(s): 1, Description: Flashdrive containing Administrative Record, manually filed with the Clerk's Office. (Attachments: # 1 Certification of Administrative Record)(Rose, Patrick) (Entered: 01/15/2025)
2025-01-1658NOTICE of Appearance by attorney Nicole Leibow on behalf of Defendant Nevada State Militia. (Leibow, Nicole) (Entered: 01/16/2025)
2025-01-1659MOTION for Recusal of Judge by Plaintiff Andrew J. Lindstrom. (referral) Responses due by 1/30/2025. (Attachments: # 1 Exhibit)(Lindstrom, Andrew) (Entered: 01/16/2025)
2025-01-1660MOTION for New Trial by Plaintiff Andrew J. Lindstrom. Responses due by 1/30/2025. (Lindstrom, Andrew) (Entered: 01/16/2025)
2025-01-1761MOTION to Disqualify Counsel AUSA Patrick Rose Esq. by Plaintiff Andrew J. Lindstrom. Responses due by 1/31/2025. (Lindstrom, Andrew) (Entered: 01/17/2025)
2025-01-2062ADDENDUM to 61 Motion to Disqualify Counsel by Plaintiff Andrew J. Lindstrom. (Attachments: # 1 Exhibit Nevada Bar Website Search, # 2 Exhibit California Bar Website Search, # 3 Exhibit NGB-GC Web Page)(Lindstrom, Andrew) (Entered: 01/20/2025)
2025-01-2063REPLY to 57 Notice of Manual Filing, by Plaintiff Andrew J. Lindstrom. (Lindstrom, Andrew) (Entered: 01/20/2025)
2025-01-2364RESPONSE to 59 Motion for Recusal of Judge by Defendant Nevada State Militia. Replies due by 1/30/2025. (Rose, Patrick) (Entered: 01/23/2025)
2025-01-2365RESPONSE to 61 Motion to Disqualify Counsel by Defendant Nevada State Militia. Replies due by 1/30/2025. (Rose, Patrick) (Entered: 01/23/2025)
2025-01-2366RESPONSE to 56 Motion for TRO by Defendant Nevada State Militia. Replies due by 1/30/2025. (Leibow, Nicole) (Entered: 01/23/2025)
2025-01-2367MOTION to Compel Disclosures by Plaintiff Andrew J. Lindstrom. Responses due by 2/6/2025. (Lindstrom, Andrew) (other) (Entered: 01/23/2025)
2025-01-2368REPLY to 64 Response to 59 Motion for Recusal of Judge by Plaintiff Andrew J. Lindstrom. (Attachments: # 1 Exhibit)(Lindstrom, Andrew) Modified on 1/24/2025 (HAM). (Entered: 01/23/2025)
2025-01-2469MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Craig S. Denney on 1/24/2025. By Deputy Clerk: AB. A Motion Hearing is set for Wednesday, February 12, 2025, at 1:30 p.m. in Reno Courtroom 2 before Magistrate Judge Craig S. Denney. The Court will address the Motion for Leave (ECF No. 49 ), Motion to Conduct Discovery (ECF No. 50 ), Motion for Recusal (ECF No. 59 ), Motion for New Trial (ECF No. 60 ), Motion to Disqualify Counsel (ECF No. 61 ), and any related briefing. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - AB) (Entered: 01/24/2025)
2025-01-2470RESPONSE to 60 Motion for New Trial by Defendant Nevada State Militia. Replies due by 1/31/2025. (Leibow, Nicole) (Entered: 01/24/2025)
2025-01-2471CERTIFICATE OF SERVICE for 57 Notice of Manual Filing, by Defendant Nevada State Militia. (Leibow, Nicole) (Entered: 01/24/2025)
2025-01-2472ORDER denying 59 Motion for Recusal. The court has ordered the parties to appear for a motions hearing on February 12, 2025, to hear argument on several pending motions filed by the Plaintiff (ECF 49 , 50 , 60 , 61 ). The court will also consider Plaintiff's motion to compel disclosures (ECF No. 67 ) at the hearing. Plaintiff shall not file any further motions without leave of court until the currently pending motions have been resolved. Signed by Magistrate Judge Craig S. Denney on 1/24/2025.(Copies have been distributed pursuant to the NEF - DLS) (Entered: 01/24/2025)
2025-01-2773ADDENDUM to 59 Motion for Recusal of Judge by Plaintiff Andrew J. Lindstrom. (Attachments: # 1 Supplement)(Lindstrom, Andrew) (Entered: 01/27/2025)
2025-01-2874REPLY to Response to 61 Motion to Disqualify Counsel by Plaintiff Andrew J. Lindstrom. (Lindstrom, Andrew) (Entered: 01/28/2025)
2025-01-2975REPLY to Response to 56 Motion for TRO by Plaintiff Andrew J. Lindstrom. (Lindstrom, Andrew) (Entered: 01/29/2025)
2025-01-2976REPLY to Response to 60 Motion for New Trial by Plaintiff Andrew J. Lindstrom. (Lindstrom, Andrew) (Entered: 01/29/2025)
2025-01-3077ADDENDUM to 75 Reply by Plaintiff Andrew J. Lindstrom. (Attachments: # 1 Exhibit)(Lindstrom, Andrew) (Entered: 01/30/2025)
2025-02-0578OBJECTION/APPEAL re 72 Order on Motion for Recusal by Plaintiff Andrew J. Lindstrom. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Lindstrom, Andrew) (Entered: 02/05/2025)
2025-02-0579RESPONSE to 67 Motion to Compel by Defendant Nevada State Militia. Replies due by 2/12/2025. (Attachments: # 1 Exhibit A)(Rose, Patrick) (Entered: 02/05/2025)
2025-02-0680ADDENDUM to 78 Objection/Appeal Magistrate Judge Order/Ruling LR IB 3-1 by Plaintiff Andrew J. Lindstrom. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Lindstrom, Andrew) (Entered: 02/06/2025)
2025-02-0681REPLY to 79 Response to 67 Motion to Compel by Plaintiff Andrew J. Lindstrom. (Lindstrom, Andrew) Modified on 2/6/2025 (HAM). (Entered: 02/06/2025)
2025-02-1282MINUTES OF PROCEEDINGS - Motion Hearing held on 2/12/2025 before Magistrate Judge Craig S. Denney. Crtrm Administrator: AB ; Pla Counsel: Andrew Lindstrom ; Def Counsel: Patrick Rose & Nicole Leibow ; Court Reporter: Liberty ; Time of Hearing: 1:30 p.m. ; Recording start and end times: 1:23:57 p.m. - 2:53:41 p.m. ; Courtroom: 2 . IT IS ORDERED that the Plaintiff's Motion to Disqualify Counsel (ECF No. 61 ) is denied. IT IS FURTHER ORDERED that the Plaintiff's Motion for Leave to Amend Filing (ECF No. 49 ) is denied. IT IS FURTHER ORDERED that the Plaintiff's Motion to Conduct Discovery (ECF No. 50 ) is denied without prejudice. IT IS FURTHER ORDERED that the Plaintiff's Motion for New Trial (ECF No. 60 ) is denied. IT IS FURTHER ORDERED that the Plaintiff's Motion to Compel Disclosures (ECF No. 67 ) is denied. See attached for additional details. (Copies have been distributed pursuant to the NEF - AB) (Entered: 02/13/2025)
2025-02-1983RESPONSE to 78 Objection/Appeal Magistrate Judge Order/Ruling LR IB 3-1, by Defendant Nevada State Militia. (Leibow, Nicole) (Entered: 02/19/2025)
2025-02-2884ORDER - It is therefore ordered that Plaintiff's motion for an injunction (ECF No. 17 ) is DENIED. It is further ordered that Plaintiff's petition for a restraining order (ECF No. 56 ) is DENIED. It is further ordered that Plaintiff's objection to Judge Denney's order denying Plaintiff's motion for recusal (ECF No. 78 ) is OVERRULED. Signed by District Judge Anne R. Traum on 2/28/2025. (Copies have been distributed pursuant to the NEF - GA) (Entered: 03/03/2025)
2025-03-2185First UNOPPOSED MOTION to Extend Deadlines for Merits Briefs re 46 Order on Discovery Plan and Scheduling Order,,,,, by Defendant Nevada State Militia. Responses due by 4/4/2025. (Leibow, Nicole) (nondispositive) (Entered: 03/21/2025)
2025-03-2486AMENDED SCHEDULING ORDER granting 85 Unopposed Motion to Extend Deadlines for Merits' Briefs. Plaintiff's Motion for Summary Judgment due April 28, 2025 . Federal Defendant's Combined Opposition/Motion for Summary Judgment due May 30, 2025 . Plaintiff's Combined Opposition/Reply due June 30, 2025 . Federal Defendant's Reply due July 21, 2025. Signed by Magistrate Judge Craig S. Denney on 3/24/2025.(Copies have been distributed pursuant to the NEF - HJ) (Entered: 03/24/2025)
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