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Case TitleBuckovetz v. U.S. Department of the Navy
DistrictSouthern District of California
CitySan Diego
Case Number3:2014cv02115
Date Filed2014-09-08
Date Closed2016-04-11
JudgeJudge Roger T. Benitez
PlaintiffDennis M. Buckovetz
Case DescriptionDennis Buckovetz submitted a FOIA request to the Department of the Navy for records of an investigation that had formed the basis for three personnel disciplinary actions taken in 2013. The agency denied his request citing Exemption 7(A) (ongoing investigation or proceeding). He appealed the denial and was subsequently told that since the investigation was now closed, the records could be disclosed with redactions under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). Buckovetz once again appealed but was told his only remedy was to go to court. He then submitted requests for records related to the denial of his earlier request. The Navy indicated those requests were not considered proper at that time and his only remedy was to go to court. He then filed suit.
Complaint issues: Exemption 7(C) - Invasion of privacy concerning law enforcement records, Litigation - Sanctions, Segregability - Disclosure of all non-exempt records, Exemptions, Exemption 6 - Invasion of privacy

DefendantU.S. Department of the Navy
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-09-081COMPLAINT against U.S. Department of the Navy (Filing fee $400 receipt number CAS066086), filed by Dennis M. Buckovetz. (Attachments: # 1 Exhibit A - L, # 2 Exhibit M - W, # 3 Cover Sheet). The new case number is 3:14-cv-2115-JAH-MDD. Judge John A. Houston and Magistrate Judge Mitchell D. Dembin are assigned to the case. (Buckovetz, Dennis)(dls) (av1). (Entered: 09/08/2014)
2014-09-082Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. Summons has been provided to plaintiffs not receiving notice electronically. (dls) (av1). (Entered: 09/08/2014)
2014-09-113Notice of Document Discrepancies by Judge John A. Houston Accepting Document: Freedom of Information/Notice from Dennis M. Buckovetz. Non-compliance with local rule(s), OTHER: missing certificate of service.. IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received.. Signed by Judge John A. Houston on 09/10/2014.(All non-registered users served via U.S. Mail Service)(jpp) (Entered: 09/11/2014)
2014-09-114NOTICE of Freedom of Information Act Judicial Review, by Dennis M. Buckovetz. NUNC PRO TUNC 09/09/2014. (jpp) (Entered: 09/11/2014)
2014-09-115Notice of Document Discrepancies by Judge John A. Houston Accepting Document: Consent of a Civl ACtion to a Magistrate Judge. from Dennis M. Buckovetz. Non-compliance with local rule(s), OTHER: missing certificate of service.. IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received.. Signed by Judge John A. Houston on 09/10/2014.(All non-registered users served via U.S. Mail Service)(jpp) (Entered: 09/11/2014)
2014-09-116Notice, Consent and Reference of a Civil Action to a Magistrate Judge by Dennis M. Buckovetz. NUNC PRO TUNC 09/09/2014. (All non-registered users served via U.S. Mail Service)(jpp) (Entered: 09/11/2014)
2014-09-127SUMMONS Returned Executed by Dennis M. Buckovetz. General Counsel of the Navy served. (jpp) (Entered: 09/15/2014)
2014-09-128SUMMONS Returned Executed by Dennis M. Buckovetz. U.S. Attorney's Office San Diego served. (jpp) (Entered: 09/15/2014)
2014-09-239MINUTE ORDER - Judge Houston recuses from this matter and directs th Clerk of Court to reassign the matter to a different Judge. Judge Roger T. Benitez added to the case. Judge John A. Houston is no longer assigned to case and Judge Roger T. Benitez is now assigned to the case. The new case number is 14CV2115-BEN(MDD). (All non-registered users served via U.S. Mail Service)(jpp) (Entered: 09/23/2014)
2014-10-1010MOTION to Dismiss for Lack of Jurisdiction by U.S. Department of the Navy. (Attachments: # 1 Memo of Points and Authorities, # 2 Proof of Service)(Parker, Katherine)Attorney Katherine Lind Parker added to party U.S. Department of the Navy(pty:dft)(sjt). (Entered: 10/10/2014)
2014-10-2211Notice of Document Discrepancies and Order Thereon by Judge Roger T. Benitez Rejecting Document: Motion to Amend Complaint, from Plaintiff Dennis M. Buckovetz. Non-compliance with local rule(s), Civ. L. Rule 7.1: Date noticed for hearing not in compliance with rules/documents are not timely, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document, OTHER: Missing certificate of service, Rejected document was returned to the filer. Signed by chambers of Judge Roger T. Benitez on 10/22/2014.(All non-registered users served via U.S. Mail Service)(knb) (Additional attachment(s) added on 10/23/2014: # 1 Motion to Amend Complaint) (knb). (Main Document 11 replaced on 10/23/2014) (knb). (Entered: 10/23/2014)
2014-10-2212First AMENDED COMPLAINT against U.S. Department of the Navy, filed by Dennis M. Buckovetz. (knb) (Entered: 10/24/2014)
2014-10-2413Notice of Document Discrepancies and Order Thereon by Judge Roger T. Benitez Rejecting Document: Response to Motion to Dismiss, from Plaintiff Dennis M. Buckovetz. Non-compliance with local rule(s), OTHER: Missing certificate of service, Rejected document was returned to the filer. Signed by chambers of Judge Roger T. Benitez on 10/24/2014.(All non-registered users served via U.S. Mail Service)(knb) (Additional attachment(s) added on 10/24/2014: # 1 Response) (knb). (Entered: 10/24/2014)
2014-10-3014MOTION to Dismiss for Lack of Jurisdiction by U.S. Department of the Navy. (Attachments: # 1 Memo of Points and Authorities, # 2 Proof of Service)(Parker, Katherine) (knb). (Entered: 10/30/2014)
2014-11-0615Minute Order issued by the Honorable Roger T. Benitez: Submitting 10 MOTION to Dismiss for Lack of Jurisdiction . Court to issue written Order. Motion Hearing date of 11/10/2014 10:30AM is hereby vacated. (All non-registered users served via U.S. Mail Service)(no document attached) (gxr) (Entered: 11/06/2014)
2014-11-0616ORDER Denying as Moot 10 Motion to Dismiss. Signed by Judge Roger T. Benitez on 11/4/2014. (All non-registered users served via U.S. Mail Service)(knb) (Entered: 11/07/2014)
2014-11-1217RESPONSE to Motion re 14 MOTION to Dismiss for Lack of Jurisdiction filed by Dennis M. Buckovetz. (Attachments: # 1 Memo of Points and Authorities, # 2 Proof of Service)(knb) (Entered: 11/14/2014)
2014-11-2018REPLY to Response to Motion re 14 MOTION to Dismiss for Lack of Jurisdiction filed by U.S. Department of the Navy. (Attachments: # 1 Proof of Service)(Parker, Katherine) (knb). (Entered: 11/20/2014)
2014-11-2619Minute Order issued by the Honorable Roger T. Benitez: Submitting 14 MOTION to Dismiss for Lack of Jurisdiction . Court to issue written Order. Motion Hearing date of 12/1/29014 10:30AM is hereby vacated. (All non-registered users served via U.S. Mail Service)(no document attached) (gxr) (Entered: 11/26/2014)
2015-02-0420NOTICE OF RELATED CASE(S) by U.S. Department of the Navy of case(s) 14cv2872 . (Attachments: # 1 Proof of Service)(Parker, Katherine) Low Number Order not prepared - this is the low numbered case (knb). (Entered: 02/04/2015)
2015-05-0621ORDER granting in part 14 Motion to Dismiss for Lack of Jurisdiction. Defendant's Motion to Dismiss for Lack of Subject Matter Jurisdiction isGRANTED in part. Plaintiff's Counts One, Two, and Three are DISMISSEDwithout leave to amend. This action may proceed as to Count Four. Signed by Judge Roger T. Benitez on 5/5/2015. (All non-registered users served via U.S. Mail Service)(kcm) (Entered: 05/06/2015)
2015-05-2022ANSWER to 12 Amended Complaint by U.S. Department of the Navy. (Attachments: # 1 Proof of Service)(Parker, Katherine) (kcm). (Entered: 05/20/2015)
2015-11-0923NOTICE AND ORDER for Early Neutral Evaluation Conference and Case Management Conference. Early Neutral Evaluation and Case Management Conference set for 12/2/2015 09:30 AM before Magistrate Judge Mitchell D. Dembin. Signed by Magistrate Judge Mitchell D. Dembin on 11/6/2015.(All non-registered users served via U.S. Mail Service)(knb) (Entered: 11/09/2015)
2015-12-2424Minute Entry for proceedings held before Magistrate Judge Mitchell D. Dembin: Early Neutral Evaluation Conference held on 12/24/2015. Case Management Conference held on 12/24/2015. Pro Se Plaintiff failed to appear. Counsel for Defendant appeared. Based upon Plaintiff's agreement to the proposed schedule presented in the Joint Discovery Plan, the Court will issue a scheduling order without setting a further ENE. (Defendant Attorney Katherine Parker). (no document attached) (atk) (Entered: 12/24/2015)
2015-12-2425ORDER Following ENE/CMC. On or before 2/1/2016, Defendant shall provide the Vaughn Index to Plaintiff. The deadline for Defendant to file a motion for summary judgment is 3/1/2016. A further settlement conference will be scheduled upon joint request of the parties. Signed by Magistrate Judge Mitchell D. Dembin on 12/24/2015.(All non-registered users served via U.S. Mail Service)(dls) (Entered: 12/24/2015)
2016-03-0126MOTION for Summary Judgment by U.S. Department of the Navy. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Cinthia Christopher, # 3 Exhibit to Christopher Decl. - Vaughn Index, # 4 Proof of Service)(Parker, Katherine) (knb). (Entered: 03/01/2016)
2016-03-2827MOTION to Deny Summary Judgment and Motion for in Camera Review by Dennis M. Buckovetz. (Attachments: # 1 Memo of Points and Authorities, # 2 Proof of Service)(knb) (Entered: 03/29/2016)
2016-04-0428REPLY to Response to Motion re 26 MOTION for Summary Judgment , 27 MOTION for Order filed by U.S. Department of the Navy. (Attachments: # 1 Proof of Service)(Parker, Katherine) (knb). (Entered: 04/04/2016)
2016-04-0529Minute Order issued by the Honorable Roger T. Benitez: Submitting 26 Motion for Summary Judgment; submitting 27 Motion for Order. Court to issue written Order. Motion Hearing date of 4/11/2016 10:30AM is hereby vacated. (All non-registered users served via U.S. Mail Service)(no document attached) (gxr) (Entered: 04/05/2016)
2016-04-0830ORDER:(1) Granting Defendant's 26 Motion for Summary Judgment; and (2) Denying Plaintiff's 27 Motion for in Camera Review. Signed by Judge Roger T. Benitez on 4/7/2016. (All non-registered users served via U.S. Mail Service) (knb) (Entered: 04/08/2016)
2016-04-1131CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that the Defendant's Motion for Summary Judgment is granted and that the Plaintiff's Motion for in Camera Review is denied.(All non-registered users served via U.S. Mail Service)(knb) (Entered: 04/11/2016)
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