Case Detail

FOIA Project Annotation: Attorney Michael Aguirre submitted a FOIA request March 11, 2019 to the NRC for records related to communications from Southern California Edison pertaining to a webinar the NRC was hosting March 25, 2019 about a safety incident at a nuclear facility operated by SCE. Aguirre also asked the agency to provide the records by March 23. On March 21, an agency FOIA officer told Aguirre that because his request did not qualify for expedited processing, its estimated date of completion would be May 2, 2019. On March 28, the agency contacted Aguirre asking him if he was still interested in the material since the meeting had already taken place. Aguirre's law partner Marie Severson responded, indicating that she would like the records that day. The agency told Severson that since the records originated with SCE, it would take at least 30 days to review and process. Aguirre then filed suit. The agency then provided some responsive records that had been processed. While Aguirre admitted he filed suit early, he argued that filing an administrative appeal would be futile. District Court Judge Cynthia Bashant noted that "plaintiff's arguments are borderline ridiculous." She pointed out that "Plaintiff made an unreasonable request, and the NRC began to respond to its in a reasonable manner. Allowing a party to file suit before the agency has been allowed the statutory time limit to respond to the request completely ignores the purpose of administrative exhaustion."
Issues: Litigation - Jurisdiction - Failure to Exhaust, Expedited processing

Date Filed	Doc #	Docket Text
2019-03-29	1	COMPLAINT against DOES 1 to 10, United States Nuclear Regulatory Commission ( Filing fee $ 400 receipt number 0974-12355973.), filed by Michael J. Aguirre. The new case number is 3:19-cv-00587-H-KSC. Judge Marilyn L. Huff and Magistrate Judge Karen S. Crawford are assigned to the case. (Severson, Maria)(mme) (sjt). (Entered: 04/01/2019)
2019-04-01	2	Summons 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. (mme) (Entered: 04/01/2019)
2019-04-01	3	Amended Summons 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. (mme) (Entered: 04/01/2019)
2019-04-04	4	SUMMONS Returned Executed by Michael J. Aguirre. United States Nuclear Regulatory Commission served. (Severson, Maria) (Entered: 04/04/2019)
2019-04-15	5	NOTICE OF RELATED CASE(S) by Michael J. Aguirre of case(s) 19cv0495-BAS-BLM. (Attachments: # 1 Proof of Service)(Severson, Maria). Modified on 4/16/2019 - Proposed Low Number Transfer Order prepared and forwarded (jah). (Entered: 04/15/2019)
2019-04-24	6	ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to Judge Cynthia Bashant and Magistrate Judge Barbara Lynn Major for all further proceedings. Judge Marilyn L. Huff, Magistrate Judge Karen S. Crawford no longer assigned to case. Create association to 3:19-cv-00495-BAS-BLM. The new case number is 19cv0587-BAS(BLM). Signed by Judge Marilyn L. Huff on 4/24/2019. Signed by Judge Cynthia Bashant on 4/22/2019. (jah) (Entered: 04/25/2019)
2019-05-17	7	MOTION for Status Conference by Michael J. Aguirre. (Attachments: # 1 Declaration of Maria Severson, # 2 Proof of Service by Mail)(Severson, Maria). Modified on 5/20/2019 - Edited text (jah). (Entered: 05/17/2019)
2019-05-21	8	ORDER Requesting Response re 7 MOTION for Status Conference filed by Michael J. Aguirre. Court is not inclined to hold a status conference for this issue but it is unclear why the U. S. Attorney does not deem the United States Nuclear Regulatory Commission (NRC) to be a U.S. Government Agency. Court orders U.S. Attorney to respond to Plaintiff's Motion by 5/31/2019. Signed by Judge Cynthia Bashant on 5/21/2019.(jah) (Entered: 05/21/2019)
2019-05-31	9	RESPONSE in Opposition re 7 MOTION for Status Conference filed by United States Nuclear Regulatory Commission. (Parker, Katherine). (jah). (Entered: 05/31/2019)
2019-05-31	10	NOTICE of Appearance by Katherine Lind Parker on behalf of United States Nuclear Regulatory Commission (Parker, Katherine). Attorney Katherine Lind Parker added to party United States Nuclear Regulatory Commission (pty:dft). (jah). (Entered: 05/31/2019)
2019-06-03	11	ORDER denying as moot Plaintiff's 7 Motion for Status Conference. Signed by Judge Cynthia Bashant on 6/3/2019. (jah) (Entered: 06/03/2019)
2019-06-13	12	MOTION for Summary Judgment by United States Nuclear Regulatory Commission. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Tina Ennis with Exhibits, # 3 Declaration of Katherine Parker with Exhibit)(Parker, Katherine). Modified on 6/17/2019 - Corrected motion event (jah). Modified on 10/3/2019 - Changed to Motion for Summary Judgment per 10/3/2019 Order (jah). (Entered: 06/13/2019)
2019-07-22	13	RESPONSE in Opposition re 12 MOTION to Dismiss for failure to Exhaust Administrative Remedies filed by Michael J. Aguirre. (Attachments: # 1 Declaration of Michael J. Aguirre, # 2 Request for Judicial Notice, # 3 Proof of Service)(Severson, Maria). (jah). (Entered: 07/22/2019)
2019-07-24	14	Unopposed Ex Parte MOTION for Extension of Time to File Reply as to 12 MOTION to Dismiss for Failure to Exhaust Administrative Remedies by United States Nuclear Regulatory Commission. (Attachments: # 1 Declaration of Katherine Parker)(Parker, Katherine). (jah). (Entered: 07/24/2019)
2019-07-26	15	ORDER granting Defendant's 14 Unopposed Ex Parte Motion for Extension of Time to File Response/Reply re 12 MOTION to Dismiss for failure to Exhaust Administrative Remedies. Defendant shall file reply brief by 8/5/2019. Signed by Judge Cynthia Bashant on 7/26/2019. (jah) (Entered: 07/26/2019)
2019-08-05	16	REPLY to Response to Motion re 12 MOTION to Dismiss for failure to Exhaust Administrative Remedies filed by United States Nuclear Regulatory Commission. (Attachments: # 1 Declaration of Tina Ennis)(Parker, Katherine). (jah). (Entered: 08/05/2019)
2019-09-12	17	NOTICE Regarding FOIA Production by United States Nuclear Regulatory Commission (Attachments: # 1 Declaration of Tina Ennis)(Parker, Katherine). (jah). (Entered: 09/12/2019)
2019-09-16	18	ORDER REQUIRING STATUS REPORT. Court orders the parties to file a joint status report as to whether they still request the Court issue an order on Defendants motion to dismiss 12 . The parties shall file Joint Status Report by 9/20/2019. Signed by Judge Cynthia Bashant on 9/16/2019. (jah) (Entered: 09/16/2019)
2019-09-20	19	JOINT STATUS REPORT re 18 Order by Michael J. Aguirre. (Attachments: # 1 Proof of Service)(Severson, Maria). Modified on 9/23/2019 - Removed duplicate text (jah). (Entered: 09/20/2019)
2019-10-03	20	ORDER Converting Motion. Court converts 12 MOTION to Dismiss filed by United States Nuclear Regulatory Commission to a Motion for Summary Judgment. If Defendant has any further material to submit in support of its motion, it may do so by 10/11/2019. Plaintiff may submit any material pertinent to his response by 10/25/2019. Court will take 12 MOTION for Summary Judgment under submission. Signed by Judge Cynthia Bashant on 10/3/2019.(jah) (Entered: 10/03/2019)
2019-10-10	21	NOTICE Re: Supplemental Declaration by United States Nuclear Regulatory Commission (Attachments: # 1 Declaration of Tina Ennis)(Parker, Katherine). Modified on 10/11/2019 - Wrong event. Corrected text to match pleading (jah). (Entered: 10/10/2019)
2019-10-25	22	RESPONSE in Opposition re 12 MOTION for Summary Judgment filed by Michael J. Aguirre. (Attachments: # 1 Declaration of Michael Aguirre, # 2 Proof of Service)(Severson, Maria). Modified on 10/28/2019 - Removed duplicate attachment description (jah). (Entered: 10/25/2019)
2019-10-30	23	Ex Parte MOTION for Leave to File Supplemental Reply by United States Nuclear Regulatory Commission. (Parker, Katherine). (jah). (Entered: 10/30/2019)
2019-10-31	24	RESPONSE in Opposition re 23 Ex Parte MOTION for Leave to File Supplemental Reply filed by Michael J. Aguirre. (Attachments: # 1 Proof of Service)(Severson, Maria) (Entered: 10/31/2019)
2019-12-05	25	ORDER Setting Oral Argument re 12 MOTION for Summary Judgment filed by United States Nuclear Regulatory Commission. Motion Hearing on 12 MOTION for Summary Judgment set for 2/18/2020 02:00 PM before Judge Cynthia Bashant. Before oral argument takes place, the parties are ordered to attend an Early Neutral Evaluation Conference with Magistrate Judge Major to determine whether the cases may be resolved. The parties shall contact Magistrate Judge Major's Chambers as soon as possible to schedule the conference. Signed by Judge Cynthia Bashant on 12/5/2019. (jah) (Entered: 12/05/2019)
2019-12-10	26	NOTICE AND ORDER for Early Neutral Evaluation Conference. Early Neutral Evaluation set for 12/27/2019 01:30 PM before Magistrate Judge Barbara Lynn Major. Signed by Magistrate Judge Barbara Lynn Major on 12/10/2019.(jah) (Entered: 12/11/2019)
2019-12-30	27	Minute Entry for proceedings held before Magistrate Judge Barbara Lynn Major: Early Neutral Evaluation Conference held on 12/30/2019. Case did not settle. (Plaintiff Attorney Maria Severson). (Defendant Attorney Katherine Parker). (no document attached) (err) (Entered: 01/02/2020)
2020-02-18	28	NOTICE of Appearance and Association by Elijah Thomas Gaglio on behalf of Michael J. Aguirre (Attachments: # 1 Proof of Service)(Gaglio, Elijah)Attorney Elijah Thomas Gaglio added to party Michael J. Aguirre(pty:pla) (Entered: 02/18/2020)
2020-02-18	29	Minute Entry for proceedings held before Judge Cynthia Bashant: Motion Hearing held on 2/18/2020 re 12 MOTION for Summary Judgment filed by United States Nuclear Regulatory Commission. Court to issue order.(Court Reporter/ECR Dana Peabody). (Plaintiff Attorney Elijah Gaglio). (Defendant Attorney Katherine Parker and Rebecca Church). (no document attached) (sxm) (Entered: 02/18/2020)
2020-02-18	30	ORDER granting Defendant's 12 Motion for Summary Judgment. Signed by Judge Cynthia Bashant on 2/18/20. (dlg) (Entered: 02/18/2020)
2020-02-18	31	CLERK'S JUDGMENT. The Court GRANTS Defendant's Motion for Summary Judgment, (ECF No. 12). The Court also DENIES Defendant's Ex Parte Motion for Leave to File Supplemental Reply, (ECF No. 23). Case is closed.(dlg) (Entered: 02/18/2020)
Hide Docket Events