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Case TitleO'Rourke v. Securities and Exchange Commission
DistrictSouthern District of California
CitySan Diego
Case Number3:2015cv02453
Date Filed2015-10-29
Date Closed2016-08-29
JudgeJudge Roger T. Benitez
PlaintiffKevin O'Rourke
Case DescriptionKevin O'Rourke submitted three FOIA requests to the Securities and Exchange Commission for records concerning allegations against several current or former SEC administrative judges. The agency acknowledged receipt of each request, but after hearing nothing further from the agency, O'Rourke filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantSecurities and Exchange Commission
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-10-291COMPLAINT Against Securities and Exchange Commission (Filing fee $ 400 receipt number 0974-8532496.), filed by Kevin O'Rourke. (Attachments: # 1 Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8) The new case number is 3:15-cv-02453-BEN-WVG. Judge Roger T. Benitez and Magistrate Judge William V. Gallo are assigned to the case. (Aguirre, Gary)(acc)(jrd) (Entered: 10/29/2015)
2015-10-292Summons 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. (acc)(jrd) (Entered: 10/29/2015)
2015-11-043SUMMONS Returned Executed by Kevin O'Rourke. Securities and Exchange Commission served. (Aguirre, Gary) (knb). (Entered: 11/04/2015)
2015-11-044SUMMONS Returned Executed by Kevin O'Rourke. Securities and Exchange Commission served. (Aguirre, Gary) (knb). (Entered: 11/04/2015)
2015-12-025ANSWER to 1 Complaint, by Securities and Exchange Commission. (Attachments: # 1 Proof of Service)(Parker, Katherine)Attorney Katherine Lind Parker added to party Securities and Exchange Commission(pty:dft) (knb). (Entered: 12/02/2015)
2015-12-146NOTICE AND ORDER for Early Neutral Evaluation Conference. Early Neutral Evaluation set for 1/14/2016 09:00 AM in Courtroom 2A before Magistrate Judge William V. Gallo. Signed by Magistrate Judge William V. Gallo on 12/14/2015.(knb) (Entered: 12/15/2015)
2015-12-167Joint MOTION to Continue Early Neutral Evaluation by Securities and Exchange Commission. (Attachments: # 1 Proof of Service)(Parker, Katherine) (kcm). (Entered: 12/16/2015)
2015-12-188ORDER Granting 7 Joint Motion to Continue ENE. Early Neutral Evaluation continued to 1/25/2016 09:00 AM before Magistrate Judge William V. Gallo. Signed by Magistrate Judge William V. Gallo on 12/18/2015. (knb) (Entered: 12/21/2015)
2016-01-079Joint MOTION to Continue early neutral evaluation by Kevin O'Rourke. (Attachments: # 1 Declaration Declaration, # 2 Exhibit A, # 3 Exhibit B)(Aguirre, Gary) (knb). (Entered: 01/07/2016)
2016-01-0710CERTIFICATE OF SERVICE by Kevin O'Rourke re 9 Joint MOTION to Continue early neutral evaluation (Aguirre, Gary) (knb). (Entered: 01/07/2016)
2016-01-1211ORDER Granting 9 Joint Motion to Continue Early Neutral Evaluation Conference. Early Neutral Evaluation continued to 3/15/2016 09:30 AM before Magistrate Judge William V. Gallo. Signed by Magistrate Judge William V. Gallo on 1/12/2016. (knb) (Entered: 01/13/2016)
2016-01-1212Notice of Document Discrepancies and Order Thereon by Magistrate Judge William V. Gallo Accepting re 9 Joint MOTION to Continue early neutral evaluation , from Plaintiff Kevin O'Rourke. Non-compliance with local rule(s), Missing opposing counsel's signature. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. Signed by Magistrate Judge William V. Gallo on 1/12/2016.(knb) (Entered: 01/13/2016)
2016-02-0813MOTION to Amend/Correct 1 Complaint, by Kevin O'Rourke. (Attachments: # 1 Exhibit Attachment A, FAC, # 2 Exhibit 1 to FAC, # 3 Exhibit 2 to FAC, # 4 Exhibit 3 to FAC, # 5 Exhibit 4 to FAC, # 6 Exhibit 5 to FAC, # 7 Exhibit 6 to FAC, # 8 Exhibit 7 to FAC, # 9 Exhibit 8 to FAC, # 10 Exhibit 9 to FAC, # 11 Exhibit 10 to FAC, # 12 Exhibit Exhibit 11 to FAC, # 13 Exhibit 12 to FAC, # 14 Exhibit 13 to FAC, # 15 Exhibit 14 to FAC, # 16 Exhibit 15 to FAC, # 17 Exhibit 16 to FAC, # 18 Exhibit 17 to FAC, # 19 Exhibit 18 to FAC, # 20 Exhibit 19 to FAC, # 21 Exhibit 20 to FAC, # 22 Proof of Service)(Aguirre, Gary) (knb). (Entered: 02/08/2016)
2016-02-2414ORDER Granting 13 Unopposed Motion for Leave to File First Amended Complaint. Signed by Judge Roger T. Benitez on 2/23/2016. (knb) (Entered: 02/25/2016)
2016-02-2415AMENDED COMPLAINT against Securities and Exchange Commission, filed by Kevin O'Rourke. (Attachments: # 1 Exhibit 1-10, # 2 Exhibit 11-20, # 3 Proof of Service) (knb) (Entered: 02/26/2016)
2016-03-1116ANSWER to 15 Amended Complaint by Securities and Exchange Commission. (Attachments: # 1 Proof of Service)(Parker, Katherine) (knb). (Entered: 03/11/2016)
2016-03-1517Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Early Neutral Evaluation Conference held on 3/15/2016(Plaintiff Attorney Gary Aguirre). (Defendant Attorney Katherine Parker). (no document attached) (jsb) (Entered: 03/15/2016)
2016-03-1618Order Following ENE. Early Neutral Evaluation Conference held on 3/15/2016. Telephonic Status Conference set for 3/31/2016 08:30 AM before Magistrate Judge William V. Gallo. Signed by Magistrate Judge William V. Gallo on 3/16/2016.(knb) (Entered: 03/16/2016)
2016-03-3019ORDER: Status Conference reset for 3/31/2016 09:30 AM before Magistrate Judge William V. Gallo. Signed by Magistrate Judge William V. Gallo on 3/30/2016.(knb) (Entered: 03/30/2016)
2016-03-3120Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Status Conference held on 3/31/2016(Plaintiff Attorney Gary Aguirre). (Defendant Attorney Katie Parker). (no document attached) (jsb) (Entered: 04/01/2016)
2016-04-0121ORDER Setting Status Conference. The Court orders that a further telephonic status conference will be held on April 7, 2016, at 9:30 a.m. Signed by Magistrate Judge William V. Gallo on 4/1/2016.(nbp) (jao). (Entered: 04/01/2016)
2016-04-0822ORDER Setting Status Conference. On April 7, 2016, the Court held a telephonic status conference in this matter. On being advised of the status of the case by counsel, and good cause appearing, the Court orders that a further telephonic status conference will be held on April 21, 2016, at 9:00 a.m. The Court will initiate the call. No later than 4:00 p.m. on April 20, 2016, each attorney participating in the conference shall call chambers at (619) 557-6384 and provide a telephone number at which the attorney may be reached at the time of the conference. Signed by Magistrate Judge William V. Gallo on 4/8/2016.(aef) (Entered: 04/08/2016)
2016-04-2123ORDER Following Telephonic Status Conference. Telephonic Status Conference set for 8/2/2016 09:00 AM before Magistrate Judge William V. Gallo. Signed by Magistrate Judge William V. Gallo on 4/21/2016.(knb) (Entered: 04/21/2016)
2016-04-2124Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Status Conference held on 4/21/2016(Plaintiff Attorney Gary Aguirre). (Defendant Attorney Katherine Parker). (no document attached) (jsb) (Entered: 04/21/2016)
2016-08-0225Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Status Conference held on 8/2/2016(Plaintiff Attorney Gary Aguirre). (Defendant Attorney Katie Parker). (no document attached) (jsb) (Entered: 08/02/2016)
2016-08-0226Order Scheduling Settlement Disposition Conference. Joint Motion for Dismissal due: 8/12/2016. If a Joint Motion for Dismissal and Proposed Order for Dismissal are not submitted by 8/12/2016, then a Settlement Disposition Conference shall be held. Settlement Disposition Conference set for 8/15/2016 09:30 AM before Magistrate Judge William V. Gallo. Signed by Magistrate Judge William V. Gallo on 8/2/2016.(knb) (Entered: 08/02/2016)
2016-08-1527Joint MOTION to Dismiss by Securities and Exchange Commission. (Attachments: # 1 Request for Judicial Notice)(Parker, Katherine) (knb). (Entered: 08/15/2016)
2016-08-1528Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Settlement Disposition Conference held on 8/15/2016(no document attached) (ja1) (Entered: 08/18/2016)
2016-08-2929ORDER Granting 27 Joint Motion to Dismiss with Prejudice. Signed by Judge Roger T. Benitez on 8/29/2016. (knb) (Entered: 08/29/2016)
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by FOIA Project Staff
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