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Case TitleRojas v. Federal Aviation Administration
DistrictDistrict of Arizona
CityPhoenix Division
Case Number2:2015cv01709
Date Filed2015-08-28
Date Closed2020-11-03
JudgeSenior Judge Stephen M McNamee
PlaintiffJorge Alejandro Rojas
Case DescriptionJorge Alexandro Rojas submitted several FOIA requests to the FAA. The agency failed to acknowledge receipt of any of the requests and Rojas ultimately filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantFederal Aviation Administration
DefendantUnited States Department of Transportation
AppealNinth Circuit 17-17349
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-08-281COMPLAINT. Filing fee received: $ 400.00, receipt number PHX162278 filed by Jorge Alejandro Rojas.(GAR) (30 pages) (Entered: 08/28/2015)
2015-08-282REQUEST BY NON-PRISONER PRO SE PARTY FOR ELECTRONIC NOTICING filed by Jorge Alejandro Rojas. Pro se parties must promptly notify the Clerks Office, in writing, if there is a change in designated e-mail address or mailing address. (GAR) (Entered: 08/28/2015)
2015-08-28Summons Issued as to Federal Aviation Administration at the front customer service counter. (GAR). *** IMPORTANT: This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Entered: 08/28/2015)
2015-08-283Filing fee paid, receipt number PHX162278. This case has been assigned to the Honorable Eileen S Willett. All future pleadings or documents should bear the correct case number: CV-15-01709-PHX-ESW. Magistrate Election form attached. (Attachments: # 1 magistrate consent form)(GAR) (Entered: 08/28/2015)
2015-09-144SERVICE EXECUTED filed by Jorge Alejandro Rojas: Certified Mail Receipt re: Summons and Complaint upon Attorney General on 09-08-15, U.S. Attorney on 08-31/15 and Federal Aviation Administration on 09-04-15. (GAR) (Entered: 09/15/2015)
2015-09-245First MOTION for Extension of Time to File Answer by Federal Aviation Administration. (Attachments: # 1 Text of Proposed Order)(Bullis, Paul) (Entered: 09/24/2015)
2015-09-246Magistrate Election Form Deadline set as to Federal Aviation Administration. (Attachments: # 1 Consent Form)(MAP) (Entered: 09/25/2015)
2015-09-257Ordered that Jorge Alejandro Rojas show cause for failure to comply with LRCiv 3.7(b) before Judge Susan R Bolton. Show Cause Hearing set for 10/19/2015 at 04:30 PM before Judge Susan R Bolton. (Attachments: # 1 Instructions, # 2 Consent Form)(MAP) (Entered: 09/25/2015)
2015-09-299Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 09/30/2015)
2015-09-308ORDER granting 5 Motion for Extension of Time to Answer re: 1 Complaint. Federal Aviation Administration answer due 11/2/2015. Signed by Magistrate Judge Eileen S Willett on 9/29/19. (EJA) (Entered: 09/30/2015)
2015-09-3010MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. FURTHER ORDERED Case reassigned by random draw to Judge G. Murray Snow. All further pleadings/papers should now list the following COMPLETE case number: CV-15-1709-PHX-GMS. FURTHER ORDERED that the Order to Show Cause Hearing scheduled for October 19, 2015 is hereby VACATED. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 09/30/2015)
2015-10-0111SCHEDULING ORDER (FOIA): See attached order for deadlines and details. Signed by Judge G Murray Snow on 10/1/2015. (KFZ) (Entered: 10/01/2015)
2015-10-0112Agreement 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: 10/02/2015)
2015-10-3013Second MOTION for Extension of Time to File Answer by Federal Aviation Administration. (Attachments: # 1 Text of Proposed Order)(Bullis, Paul) (Entered: 10/30/2015)
2015-11-0214ORDER granting 13 Stipulated Motion for Extension of Time to Answer (Second Request) and extending the time for the Defendant to file an Answer or otherwise respond in this matter until 12/3/2015. Signed by Judge G Murray Snow on 11/2/2015.(KFZ) (Entered: 11/02/2015)
2015-11-2515NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Jorge Alejandro Rojas. (Attachments: # 1 redline strike out version of the amended complaint) (EJA) (Entered: 11/30/2015)
2015-11-2516AMENDED COMPLAINT against Federal Aviation Administration and Department of Transportation filed by Jorge Alejandro Rojas. (EJA) (Entered: 11/30/2015)
2015-12-0317NOTICE of Appearance by Michael William Pearson on behalf of Jorge Alejandro Rojas. (Pearson, Michael) (Entered: 12/03/2015)
2015-12-1418ANSWER to 16 Amended Complaint by Federal Aviation Administration, United States Department of Transportation. (Attachments: # 1 Exhibit)(Bullis, Paul) (Entered: 12/14/2015)
2016-02-2919MOTION for Summary Judgment by Federal Aviation Administration. (Bullis, Paul) (Entered: 02/29/2016)
2016-02-2920*STATEMENT OF FACTS re: 19 MOTION for Summary Judgment by Defendant Federal Aviation Administration. (Attachments: # 1 Exhibit Index, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(Bullis, Paul) *Modified to add link on 3/1/2016* (REW). (Entered: 02/29/2016)
2016-03-3021*CROSS-MOTION for Summary Judgment, MOTION for Discovery, and RESPONSE to Motion re: 19 MOTION for Summary Judgment , Cross Motion for Summary Judgment and Motion for Discovery filed by Jorge Alejandro Rojas. (Attachments: # 1 Exhibit Exhibit 1)(Pearson, Michael) *Modified to add motion parts and correct event type on 3/31/2016 (KGM). Added MOTION for Discovery on 3/31/2016 (KGM). (Entered: 03/30/2016)
2016-03-3022STATEMENT OF FACTS re: 21 Response to Motion for Summary Judgment and Plaintiff's Cross-Motion for Summary Judgment by Plaintiff Jorge Alejandro Rojas. (Attachments: # 1 Exhibit Exhibits A-F & 1-16)(Pearson, Michael) (Entered: 03/30/2016)
2016-03-3123NOTICE of Errata re: 22 Statement of Facts, 21 MOTION for Summary Judgment MOTION for Discovery by Plaintiff Jorge Alejandro Rojas.. (Pearson, Michael) (Entered: 03/31/2016)
2016-04-0624First MOTION File Consolidated Responses and Reply re: 21 MOTION for Summary Judgment MOTION for Discovery by Federal Aviation Administration. (Attachments: # 1 Text of Proposed Order)(Bullis, Paul) (Entered: 04/06/2016)
2016-04-0625ORDER granting 24 Motion to File Consolidated Responses and Reply. FURTHER ORDERED that Defendant may file a consolidated Response to Plaintiff's Motion for Limited Discovery (Doc. 21 ), Reply in Support of its Motion for Summary Judgment (Doc. 19 ), and Response to Plaintiff's Cross-Motion for Summary Judgment (Doc. 21 ), and the deadline for filing said consolidated brief shall be 5/3/2016. FURTHER ORDERED that the page limitation for Defendant's consolidated brief shall be twenty-five pages. Signed by Judge G Murray Snow on 4/6/2016.(KFZ) (Entered: 04/06/2016)
2016-04-2726* MOTION for Extension of Time to File Response/Reply re: 21 Motion for Summary Judgment/Motion for Discovery by Federal Aviation Administration. (Attachments: # 1 Text of Proposed Order)(Bullis, Paul) *Modified to add document number and text on 4/27/2016 (KGM). (Entered: 04/27/2016)
2016-04-2727ORDER granting 26 Defendant's Unopposed Motion for Extension of Time to File Response/Reply. The deadline for Defendant to file a consolidated Response to Plaintiff's Motion for Limited Discovery (Doc. 21 ), Reply in Support of its Motion for Summary Judgment (Doc. 19 ), and Response to Plaintiff's Cross-Motion for Summary Judgment (Doc. 21 ) shall be May 13, 2016. Signed by Judge G Murray Snow on 04/27/16.(GAR) (Entered: 04/27/2016)
2016-05-1328RESPONSE to Motion re: 21 MOTION for Summary Judgment MOTION for Discovery filed by Federal Aviation Administration. (Bullis, Paul) (Entered: 05/13/2016)
2016-05-1329*STATEMENT OF FACTS re: 28 Response to Motion by Defendant Federal Aviation Administration. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Bullis, Paul) *Modified to add document number on 5/16/2016 (KGM). (Entered: 05/13/2016)
2016-05-1930*First MOTION for Extension of Time to File Consolidated Reply and Expedited Motion to File Consolidated Reply in Support of Motion for Discovery and Reply in Support of Cross- Motion for Summary Judgment by Jorge Alejandro Rojas. (Attachments: # 1 Exhibit Exhibit A, # 2 Text of Proposed Order Proposed Order)(Pearson, Michael) *Modified to correct event type on 5/20/2016 (KGM). (Entered: 05/19/2016)
2016-05-2031ORDER granting 30 Motion for Extension of Time to File. Plaintiff shall file a consolidated Reply In Support of Cross-Motion for Summary Judgment and Reply In Support of Motion for Discovery 21 . The consolidated Reply shall be no more than 22 pages in length and shall be filed on or before 7/18/2016. No further extension shall be granted. Signed by Judge G Murray Snow on 5/20/2016.(KFZ) (Entered: 05/20/2016)
2016-07-0832MINUTE ORDER: This case is reassigned to Senior Judge Stephen M McNamee. All future filings shall reflect the following case number: CV-15-1709-PHX-SMM.All existing deadlines are affirmed. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR) (Entered: 07/08/2016)
2016-07-1833REPLY to Response to Motion re: 21 MOTION for Summary Judgment MOTION for Discovery filed by Jorge Alejandro Rojas. (Pearson, Michael) (Entered: 07/18/2016)
2016-07-1834STATEMENT OF FACTS re: 33 Reply to Response to Motion for Summary Judgment by Plaintiff Jorge Alejandro Rojas. (Attachments: # 1 Exhibit Exhibits 1-5)(Pearson, Michael) (Entered: 07/18/2016)
2016-07-2835SUPPLEMENT Response to Plaintiff's FOIA Request by Defendant Federal Aviation Administration. (Bullis, Paul) (Entered: 07/28/2016)
2016-07-2836*STATEMENT OF FACTS Supplemental re: 35 Supplemental Response to Plaintiff's FOIA Request by Defendant Federal Aviation Administration. (Attachments: # 1 Exhibit Index, # 2 Exhibit 1, # 3 Exhibit 1 - Attachment A, # 4 Exhibit 1 - Attachment B, # 5 Exhibit 1 - Attachment C, # 6 Exhibit 2, # 7 Exhibit 3)(Bullis, Paul) *Modified to add document linkage on 7/29/2016 (ATD). (Entered: 07/28/2016)
2016-08-0337Joint MOTION To File Reply To Defendant's Notice of Supp Response to Plaintiff's FOIA Request by Jorge Alejandro Rojas. (Attachments: # 1 Text of Proposed Order)(Pearson, Michael) (Entered: 08/03/2016)
2016-08-0538ORDER granting 37 Stipulated Motion to File Reply to Defendant's Notice of Supplemental Response to Plaintiff's Freedom of Information Act Request. Plaintiff shall file a Reply. The Reply shall be no more than 15 pages in length and shall be filed no later than 8/22/2016. See order for additional details. Signed by Senior Judge Stephen M McNamee on 8/5/2016.(LMR) (Entered: 08/05/2016)
2016-08-2239*REPLY TO DEFENDANT'S NOTICE OF SUPPLEMENTAL RESPONSE TO PLAINTIFF'S FOIA REQUEST re: 35 Supplement by Plaintiff Jorge Alejandro Rojas. (Pearson, Michael) *Modified to correct event type on 8/23/2016 (EJA). (Entered: 08/22/2016)
2016-08-2240STATEMENT OF FACTS re: 39 Supplement Plaintiff's Controverting Statement of Facts and Supplemental Statement of Facts in Support of Plaintiff's Reply to Defendant's Notice of Supplemental Response to Plaintiff's FOIA Request by Plaintiff Jorge Alejandro Rojas. (Attachments: # 1 Exhibit Exhibits 1-5)(Pearson, Michael) (Entered: 08/22/2016)
2017-06-0741ORDER re 21 Motion for Discovery: Plaintiff's motion for discovery 21 is denied. Further ordered requiring FAA employee Shelton Snow to search his computer and submit a declaration by 6/30/2017, that he has searched his computer and can confirm whether or not there is any saved chat history for the time periods of 12/1/2013 to 3/30/2014, and for 1/1/2015 to 6/24/2015. Signed by Senior Judge Stephen M McNamee on 6/7/2017.(LMR) (Entered: 06/07/2017)
2017-06-0842ORDER: Currently pending are the parties' motions for summary judgment. Prior to ruling on the parties' motions, the Court will undertake an in camera review of the documents that the FAA withheld or redacted. By 6/30/2017, Defendants shall file ex parte, under seal, for in camera review documents subject to Plaintiff's FOIA requests. See order for additional details. Signed by Senior Judge Stephen M McNamee on 6/7/2017. (LMR) (Entered: 06/08/2017)
2017-06-3043NOTICE re: Filing Declaration of FAA Employee Shelton Snow by Federal Aviation Administration re: 41 Order on Motion for Discovery . (Attachments: # 1 Exhibit)(Bullis, Paul) (Entered: 06/30/2017)
2017-07-0344SEALED EX PARTE ORDER. See document for details. Signed by Senior Judge Stephen M McNamee on 7/3/2017. (cc: Def Cnsl) (ATD) (Entered: 07/03/2017)
2017-09-2545ORDER granting the Defendants' 19 motion for summary judgment. The Clerk of Court shall issue judgment in favor of the Defendants and terminate this case. IT IS FURTHER ORDERED denying Plaintiff's 21 motion for summary judgment. Signed by Senior Judge Stephen M McNamee on 9/25/2017. (ATD) (Entered: 09/25/2017)
2017-09-2546CLERK'S JUDGMENT - Pursuant to the Court's Order filed September 25, 2017, which granted the Motion for Summary Judgment, judgment is entered in favor of defendants and against plaintiff. Plaintiff to take nothing, and the complaint and action are terminated. (ATD) (Entered: 09/25/2017)
2017-11-2047NOTICE OF APPEAL to 9th Circuit Court of Appeals re: 45 Order on Motion for Summary Judgment, 46 Clerks Judgment by Jorge Alejandro Rojas. Filing fee received: $ 505.00, receipt number 0970-14880801. (Pearson, Michael) (Entered: 11/20/2017)
2017-11-2148USCA Case Number re: 47 Notice of Appeal; Ninth Circuit Case number 17-17349. (ATD) (Entered: 11/21/2017)
2019-02-2149ORDER - Unless the parties object by 2/26/2019 at 5:00 p.m., the Court will file documents listed herein under seal. The Clerk shall submit a copy of this Order to the Ninth Circuit Clerk of Court to be included in case no. 17-17349. Signed by Senior Judge Stephen M McNamee on 2/21/19. (DXD) (Entered: 02/21/2019)
2019-02-2750Sealed Exhibits (Filed Pursuant to Orders 42 , 49 ) by Federal Aviation Administration. (Attachments: # 1 Exhibits - Part 2 of 10, # 2 Exhibits - Part 3 of 10, # 3 Exhibits - Part 4 of 10, # 4 Exhibits - Part 5 of 10, # 5 Exhibits - Part 6 of 10, # 6 Exhibits - Part 7 of 10, # 7 Exhibits - Part 8 of 10, # 8 Exhibits - Part 9 of 10, # 9 Exhibits - Part 10 of 10)(MAP) (Entered: 02/27/2019)
2019-03-2851NOTICE OF ATTORNEY SUBSTITUTION: Kristina L. Morrison appearing for Federal Aviation Administration, United States Department of Transportation. Attorney Paul Arthur Bullis terminated. . (Morrison, Kristina) (Entered: 03/28/2019)
2020-01-3053MANDATE of USCA: AFFIRMED IN PART, REVERSED IN PART, AND VACATED AND REMANDED IN PART, re: 17-17349 47 Notice of Appeal filed by Jorge Alejandro Rojas. (Attachments: # 1 Opinion)(EJA) (Entered: 01/30/2020)
2020-02-0354ORDER: Status Conference set for 2/12/2020 at 02:00 PM in Courtroom 401, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge Stephen M McNamee. Signed by Senior Judge Stephen M McNamee on 2/3/2020. (TCA) Modified on 2/12/2020 (TCA). (Entered: 02/03/2020)
2020-02-1155NOTICE OF ATTORNEY SUBSTITUTION: William C. Staes appearing for Federal Aviation Administration, United States Department of Transportation. . (Staes, William) (Entered: 02/11/2020)
2020-02-1256MINUTE ENTRY for proceedings held before Senior Judge Stephen M McNamee: Status Conference re: Mandate issued 1/30/2020 held on 2/12/2020. Discussion held. Parties to file a stipulation as directed and discussed on the record. Parties will brief the issue of attorney fees. APPEARANCES: Michael Pearson for Plaintiff. Kristina Morrison and William Staes for Defendants (Court Reporter Christine Coaly.) Hearing held 1:58 PM to 2:08 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA) (Entered: 02/12/2020)
2020-02-1257*NOTICE of Attorney Withdrawal by Federal Aviation Administration, United States Department of Transportation. (Morrison, Kristina) *Modified to correct event on 2/13/2020 (DXD). (Entered: 02/12/2020)
2020-02-1458ORDER of USCA - Appellant's Motion to Transfer consideration of attorney's fees to the District Court is granted re: 17-17349 as to 47 Notice of Appeal filed by Jorge Alejandro Rojas. (DXD) (Entered: 02/14/2020)
2020-02-1459STIPULATION by United States Department of Transportation. (Attachments: # 1 Text of Proposed Order)(Staes, William) (Entered: 02/14/2020)
2020-02-1960ORDER granting 59 Stipulation : Defendants shall tender a revised andcondensed Vaughn Index to Plaintiff on or before April 13, 2020.Plaintiff shall identify to Defendants any items from the revised Vaughn Index that Plaintiff continues to object to being characterized as non-agency records or improperly redacted on or before April 28, 2020.Defendants shall file a motion for summary judgment on or before June 12, 2020. Signed by Senior Judge Stephen M McNamee on 2/19/2020. (TCA) (Entered: 02/19/2020)
2020-06-1161Joint MOTION to Vacate Vacate Summary Judgment Briefing Schedule and Set Deadlines on Remaining Issues by Federal Aviation Administration, United States Department of Transportation. (Attachments: # 1 Text of Proposed Order)(Staes, William) (Entered: 06/11/2020)
2020-06-1262ORDER granting 61 Joint Motion to Vacate Summary Judgment Briefing Schedule and Set Deadlines on Remaining Issues. The parties shall file a Notice of Settlement on or before 7/31/20. If the parties are unable to reach an agreement to settle this matter on or before 7/31/20, then the parties shall file a Status Report. Signed by Senior Judge Stephen M McNamee on 6/12/20. (DXD) (Entered: 06/12/2020)
2020-07-3163STATUS REPORT on Settlement and Proposed Briefing Schedule by United States Department of Transportation. (Attachments: # 1 Text of Proposed Order)(Staes, William) (Entered: 07/31/2020)
2020-08-2564ORDER approving the Joint Status Report on Settlement and Proposed Briefing Schedule (Doc. 63 ). Plaintiff shall file a Motion for Attorneys' Fees and Costs on or before 9/29/20. Defendant shall file a Response on or before 11/13/20. No reply briefs will be permitted. Signed by Senior Judge Stephen M McNamee on 8/25/20. (DXD) (Entered: 08/25/2020)
2020-09-2365NOTICE of Settlement by Jorge Alejandro Rojas. (Pearson, Michael) (Entered: 09/23/2020)
2020-09-2466ORDER - A Stipulation to Dismiss shall be filed on or before 11/20/20. If a Stipulation to Dismiss has not been filed by this deadline, then the parties shall file a Status Report to the Court on that date. Signed by Senior Judge Stephen M McNamee on 9/23/20. (DXD) (Entered: 09/24/2020)
2020-11-0367STIPULATION of Dismissal Stipulation of Dismissal by Jorge Alejandro Rojas. (Attachments: # 1 Text of Proposed Order Order)(Pearson, Michael) (Entered: 11/03/2020)
2020-11-0368ORDER granting 67 Stipulation of Dismissal and dismissing this matter with prejudice. The Clerk shall terminate this matter in its entirety. Signed by Senior Judge Stephen M McNamee on 11/3/20. (DXD) (Entered: 11/03/2020)
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