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Case TitleTorres Consulting and Law Group LLC v. National Aeronautics and Space Administration
DistrictDistrict of Arizona
CityPhoenix Division
Case Number2:2014cv00801
Date Filed2014-04-16
Date Closed2017-05-23
JudgeMagistrate Judge Deborah M Fine
PlaintiffTorres Consulting and Law Group LLC
Case DescriptionTorres Consulting and Law Group submitted a FOIA request to the National Aeronautics and Space Administration for certified payroll information for RTD Construction and its subcontractors for plumbers and pipe-fitters. NASA responded that it had no payroll records pertaining to RTD Construction for those job classifications. Torres appealed the agency's decision, but the decision was upheld on appeal. Torres then submitted another FOIA request for records related to the Revitalize KSC Water and Wastewater Systems Phase 4 as described in a NASA contract concerning work done by plumbers and pipe-fitters. This time, NASA located responsive records, but withheld them entirely on the basis of Exemption 4 (confidential business information) and Exemption 6 (invasion of privacy). Torres appealed the decision administratively and the agency upheld its decision. Torres then filed suit.
Complaint issues: Exemption 6 - Invasion of privacy

DefendantNational Aeronautics and Space Administration
AppealNinth Circuit 14-17303
Documents
Docket
Complaint
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Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-04-161COMPLAINT. Filing fee received: $400.00, receipt number PHX 0970-10354528 filed by Torres Consulting and Law Group LLC. (submitted by James Barton) (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Civil Cover Sheet, # 14 Text of Proposed Order)(REK) (Entered: 04/16/2014)
2014-04-162SUMMONS Submitted by Torres Consulting and Law Group LLC. (submitted by James Barton) (REK) (Entered: 04/16/2014)
2014-04-163Corporate Disclosure Statement by Torres Consulting and Law Group LLC. (submitted by James Barton) (REK) (Entered: 04/16/2014)
2014-04-164Filing fee paid, receipt number PHX 0970-10354528. This case has been assigned to the Honorable Mark E. Aspey. All future pleadings or documents should bear the correct case number: CV-14-00801-PHX-MEA. Magistrate Election form attached. (Attachments: # 1 Magistrate Consent Form)(REK) (Entered: 04/16/2014)
2014-04-165Summons Issued as to National Aeronautics and Space Administration. (REK). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 04/16/2014)
2014-04-166NOTICE TO FILER OF DEFICIENCY re: 1 Complaint filed by Torres Consulting and Law Group LLC. Other: Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(B), attorneys are required to submit the automated Civil Cover Sheet when filing a new case. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (REK) (Entered: 04/16/2014)
2014-04-167ORDER that Plaintiff Torres Consulting and Law Group LLC shall execute and file within 14 days of the entry of this order its written election to either consent to the exercise of jurisdiction over this matter by a magistrate judge or a written election to have this case reassigned to a United States district judge.. Signed by Magistrate Judge Mark E Aspey on 4/16/14. (MAP) (Entered: 04/16/2014)
2014-05-058First MOTION for Extension of Time to File Answer by National Aeronautics and Space Administration. (Attachments: # 1 Text of Proposed Order)(Harwood, Ann) (Entered: 05/05/2014)
2014-05-059Magistrate Election Form Deadline set as to National Aeronautics and Space Administration. (Attachments: # 1 Consent Form)(MAP) (Entered: 05/06/2014)
2014-05-0710ORDER that Defendant National Aeronautics and Space Administration shall execute and file within 14 days of the entry of this order its written election to either consent to the exercise of jurisdiction over this matter by a magistrate judge or a written election to have this case reassigned to a United States district judge. Signed by Magistrate Judge Mark E Aspey on 5/7/14. (MAP) (Entered: 05/07/2014)
2014-05-0711Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 05/08/2014)
2014-05-0812ORDER that the 8 Stipulated Motion is granted. Accordingly, Defendant National Aeronautics and Space Administration (NASA) shall have until June 20, 2014, to answer or otherwise respond to Plaintiff's Complaint. Signed by Magistrate Judge Mark E Aspey on 5/8/2014.(LFIG) (Entered: 05/08/2014)
2014-06-0613ORDER TO SHOW CAUSE that Plaintiff shall show cause in writing on or before June 13, 2014, why it should not be sanctioned or be held in contempt of court pursuant to title 18 U.S.C. 401 for failing to properly comply with the Court's prior order. If Plaintiff properly complies with the Court's April 16, 2014, order on or before June 13, 2014, by either consenting to magistrate judge jurisdiction or electing to have the case assigned to a district judge, by filing the appropriate form with the Clerk of the Court, the undersigned will automatically vacate this Order to Show Cause. Signed by Magistrate Judge Mark E Aspey on 6/6/14. (MAP) (Entered: 06/06/2014)
2014-06-0614Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 06/11/2014)
2014-06-1115Minute Order: In accordance with 28 USC 636(c), all parties have voluntarily consented to have Magistrate Judge Mark E. Aspey conduct all further proceedings in this case, including trial and entry of final judgment, and conduct all post-judgment proceedings, with direct review by the Ninth Circuit Court of Appeals, if an appeal is filed. FURTHER ORDERED that the Order to Show Cause deadline is hereby VACATED. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 06/11/2014)
2014-06-1216ORDER Setting a Rule 16 Scheduling Conference: Pursuant to Rule 16 of the Federal Rules of Civil Procedure, a telephonic scheduling conference is set for Thursday, July 10, 2014, at 9:00 a.m. Plaintiff's counsel shall be responsible for setting up the conference call between the court and counsel. Signed by Magistrate Judge Mark E Aspey on 6/11/2014. (See Order for details)(ALS) (Entered: 06/12/2014)
2014-06-1717MOTION to Vacate 16 Order, Set/Reset Deadlines/Hearings (Stipulated) by National Aeronautics and Space Administration. (Attachments: # 1 Text of Proposed Order)(Harwood, Ann) (Entered: 06/17/2014)
2014-06-1818ORDER that the parties' 17 Stipulated MOTION is granted and the Scheduling Conference is vacated upon the parties' representation that this Freedom of Information Act matter may be decided on cross-motions for summary judgment without discovery and that Defendant intends to file a motion for judgment as a matter of law by June 20, 2014. Signed by Magistrate Judge Mark E Aspey on 6/17/2014. (LFIG) (Entered: 06/18/2014)
2014-06-2019MOTION for Summary Judgment by National Aeronautics and Space Administration. (Harwood, Ann) (Entered: 06/20/2014)
2014-06-2020STATEMENT of Facts in Support of Defendant's Motion for Summary Judgment re: 19 MOTION for Summary Judgment by Defendant National Aeronautics and Space Administration. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 001-068, # 3 Exhibit 069-332)(Harwood, Ann) (Entered: 06/20/2014)
2014-06-2021Additional Attachments to Main Document re: 20 Statement of Facts in Support of Defendant's Motion for Summary Judgment by Defendant National Aeronautics and Space Administration. (Attachments: # 1 Exhibit 333-601, # 2 Exhibit 602-659, # 3 Exhibit 660-669, # 4 Exhibit 670-689, # 5 Exhibit 690-697, # 6 Exhibit 698-700, # 7 Exhibit 701-710)(Harwood, Ann) (Entered: 06/20/2014)
2014-07-2122*First CROSS-MOTION for Summary Judgment and RESPONSE to Motion re: 19 MOTION for Summary Judgment by Torres Consulting and Law Group LLC. (Barton, James) *Modified to add Response event on 7/22/2014* (REW). (Entered: 07/21/2014)
2014-07-2123STATEMENT of Facts re: 22 First MOTION for Summary Judgment by Plaintiff Torres Consulting and Law Group LLC. (Attachments: # 1 Exhibit Komljenovic Decl., # 2 Exhibit Hellmich Decl.)(Barton, James) (Entered: 07/21/2014)
2014-08-1124NOTICE OF ATTORNEY SUBSTITUTION: Kristina L. Morrison appearing for National Aeronautics and Space Administration. Attorney Ann Elizabeth Harwood terminated. . (Morrison, Kristina) (Entered: 08/11/2014)
2014-08-1125*RESPONSE to Motion re: 22 First CROSS-MOTION for Summary Judgment and Reply in Support of 19 Defendant's Motion for Summary Judgment filed by National Aeronautics and Space Administration. (Morrison, Kristina) *Modified to correct event type on 8/12/2014 (LSP). (Entered: 08/11/2014)
2014-08-1126STATEMENT of Facts (Controverting) in Support of its Opposition to Plaintiff's Cross-Motion for Summary Judgment re: 25 Response to Motion for Summary Judgment by Defendant National Aeronautics and Space Administration. (Morrison, Kristina) (Entered: 08/11/2014)
2014-08-2627REPLY to Response to Motion re: 22 First CROSS-MOTION for Summary Judgment filed by Torres Consulting and Law Group LLC. (Barton, James) (Entered: 08/26/2014)
2014-08-2628*REPLY re: 26 Response to Plaintiff's STATEMENT of Facts by Plaintiff Torres Consulting and Law Group LLC. (Barton, James) *Modified from Statement, document number/link corrected on 8/27/2014* (REW). (Entered: 08/26/2014)
2014-09-2529ORDER, Plaintiff's motion 22 seeking judgment as a matter of law is denied and Defendant's motion 19 seeking judgment as a matter of law is granted; judgment as a matter of law shall be entered in favor of Defendant and against Plaintiff with regard to the claims stated in the complaint; the Clerk shall enter separate judgment accordingly. Signed by Magistrate Judge Mark E Aspey on 9/23/14. (REW) (Entered: 09/25/2014)
2014-09-2530CLERK'S JUDGMENT - pursuant to the Court's Order of September 25, 2014, granting Defendant's Motion seeking judgment as a matter of law, judgment is hereby entered for Defendant. Plaintiff shall take nothing by way of the Complaint. The Complaint and this action are hereby dismissed (REW) (Entered: 09/25/2014)
2014-11-2031NOTICE OF APPEAL to 9th Circuit Court of Appeals re: 30 Clerks Judgment, 29 Order on Motion for Summary Judgment by Torres Consulting and Law Group LLC. Filing fee received: $ 505.00, receipt number 0970-11086781. (Attachments: # 1 Representation Statement)(Barton, James) Modified on 11/21/2014 (REW). (Entered: 11/20/2014)
2014-11-2032Additional Attachments to Main Document re: 31 Notice of Appeal Certificate of Service by Plaintiff Torres Consulting and Law Group LLC. (Barton, James) (Entered: 11/20/2014)
2014-11-2133USCA Case Number re: 31 Notice of Appeal. Case number 14-17303, Ninth Circuit. (Copies sent by Ninth Circuit) (ALS) (Entered: 11/21/2014)
2014-12-1634NOTICE re: No Transcripts Ordered by Torres Consulting and Law Group LLC re: 33 USCA Case Number 14-17303 . (Barton, James) (Entered: 12/16/2014)
2017-01-2035MANDATE of USCA reversing the decision of the District Court and remanding for further proceedings re: 14-17303 31 Notice of Appeal filed by Torres Consulting and Law Group LLC. (copies sent by Ninth Circuit) (Attachments: # 1 Memorandum, # 2 NDA)(EJA) (Entered: 01/20/2017)
2017-01-2336MINUTE ORDER: This case is reassigned to Magistrate Judge Deborah M Fine. All future filings shall reflect the following case number: CV-14-801-PHX-DMF. Pending: Remand from Court of Appeals, Doc. 35 . This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SJF) (Entered: 01/23/2017)
2017-01-2537SCHEDULING ORDER: Telephonic Case Management Conference set for 2/23/2017 at 02:00 PM before Magistrate Judge Deborah M Fine (see document for further details). Signed by Magistrate Judge Deborah M Fine on 1/24/17. (KGM) (Entered: 01/25/2017)
2017-01-3038* MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for Failure to State a Claim by National Aeronautics and Space Administration. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(Morrison, Kristina) *Modified to correct motion event and add motion event on 1/31/2017* (REW). (Entered: 01/30/2017)
2017-02-1339RESPONSE to Motion re: 38 MOTION to Dismiss for Lack of JurisdictionMOTION to Dismiss for Failure to State a Claim , RESPONSE to Motion re: 38 MOTION to Dismiss for Lack of JurisdictionMOTION to Dismiss for Failure to State a Claim filed by Torres Consulting and Law Group LLC. (Attachments: # 1 Exhibit Declaration of Counsel and Attachment)(Golestan, Saman) (Entered: 02/13/2017)
2017-02-1540*REPLY to Response to Motion re: 38 MOTION to Dismiss for Lack of JurisdictionMOTION to Dismiss for Failure to State a Claim by Defendant National Aeronautics and Space Administration. (Morrison, Kristina) *Modified to correct event type on 2/16/2017 (EJA). (Entered: 02/15/2017)
2017-02-1641ORDER continuing the on the record telephonic Case Management Conference to April 27, 2017, at 1:30 p.m. before Magistrate Judge Deborah M Fine. See document for details. Signed by Magistrate Judge Deborah M Fine on 2/16/17. (EJA) (Entered: 02/16/2017)
2017-04-1042ORDER denying 38 Defendant's Motion to Dismiss. Signed by Magistrate Judge Deborah M Fine on 04/10/2017.(KAS) (Entered: 04/10/2017)
2017-04-1343NOTICE of Settlement by National Aeronautics and Space Administration. (Morrison, Kristina) (Entered: 04/13/2017)
2017-04-1444ORDER vacating the case management conference set for April 27, 2017, at 1:30 p.m. The Clerk shall terminate this matter forty five days from the date of the filing of this Order, unless the parties have filed a stipulation for dismissal or a motion for extension. Signed by Magistrate Judge Deborah M Fine on 04/13/2017. (KAS) (Entered: 04/14/2017)
2017-05-1745STIPULATION of Dismissal by National Aeronautics and Space Administration. (Attachments: # 1 Text of Proposed Order)(Morrison, Kristina) (Entered: 05/17/2017)
2017-05-2346ORDER granting 45 Stipulation of Dismissal and dismissing Plaintiff's Complaint with prejudice, each party to bear its own costs and fees. Signed by Magistrate Judge Deborah M Fine on 05/22/2017. (KAS) (Entered: 05/23/2017)
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by FOIA Project Staff
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