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Case TitleAguirre v. United States Nuclear Regulatory Commission et al
DistrictSouthern District of California
CitySan Diego
Case Number3:2022cv00080
Date Filed2022-01-20
Date ClosedOpen
JudgeJudge John A. Houston
PlaintiffMichael J. Aguirre
Case DescriptionMichael Aguirre submitted a FOIA request to the Nuclear Regulatory Commission for records concerning communications between the agency and the site operator shortly after an incident that happened at the San Onofre nuclear waste site August 3, 2018. The agency acknowledged receipt of the request. The agency told Aguirre that it had no additional records that had not been previously disclosed. Aguirre filed an administrative appeal, and the agency located an additional 13 pages, which were disclosed with redactions. Aguirre filed a second administrative appeal challenging the redactions. The agency denied that appeal. Aguirre then filed suit.
Complaint issues: Adequacy - Search, Litigation - Attorney's fees

DefendantUnited States Nuclear Regulatory Commission
DefendantDoes 1 to 10 inclusive
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [14]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-01-201COMPLAINT against United States Nuclear Regulatory Commission ( Filing fee $ 402 receipt number ACASDC-16497001.), filed by Michael J. Aguirre. (Attachments: # 1 Civil Cover Sheet) The new case number is 3:22-cv-80-JAH-RBB. Judge John A. Houston and Magistrate Judge Ruben B. Brooks are assigned to the case. (Severson, Maria)(dsn) (Entered: 01/21/2022)
2022-01-212Summons 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. (dsn) (Entered: 01/21/2022)
2022-01-283MINUTE ORDER OF RECUSAL. Magistrate Judge Ruben B. Brooks recuses from this case and is no longer assigned. Case reassigned to Magistrate Judge Barbara Lynn Major for all further Magistrate Judge proceedings. The new case number is 22cv0080-JAH(BLM).(no document attached) (jsp) (Entered: 01/28/2022)
2022-02-044SUMMONS Returned Executed by Michael J. Aguirre. United States Nuclear Regulatory Commission served. (Severson, Maria) (jpp). (Entered: 02/04/2022)
2022-03-315MOTION to Dismiss or, alternatively, for Summary Judgment by United States Nuclear Regulatory Commission. (Attachments: # 1 Declaration)(Garabed, Michael)Attorney Michael A Garabed added to party United States Nuclear Regulatory Commission(pty:dft) (jpp). (Entered: 03/31/2022)
2022-06-016RESPONSE in Opposition re 5 MOTION to Dismiss or, alternatively, for Summary Judgment filed by Michael J. Aguirre. (Attachments: # 1 Request for Judicial Notice, # 2 Proof of Service)(Severson, Maria) (smy1). (Entered: 06/01/2022)
2022-06-087REPLY to Response to Motion re 5 MOTION to Dismiss or, alternatively, for Summary Judgment filed by United States Nuclear Regulatory Commission. (Garabed, Michael) (smy1). (Entered: 06/08/2022)
2022-06-098ORDER Vacating Hearing. Signed by Judge John A. Houston on 6/9/2022.(smy1jrd). (Entered: 06/09/2022)
2022-08-189ORDER OF TRANSFER. Magistrate Judge Barbara Lynn Major is no longer assigned. Case reassigned to Magistrate Judge David D. Leshner for all further proceedings. The new case number is 22-cv-0080-JAH-DDL. Signed by Magistrate Judge Barbara Lynn Major on 8/18/2022.(smy1)(jrd) (Entered: 08/19/2022)
2022-08-3010MINUTE ORDER OF RECUSAL. Judge Leshner is recused from criminal and civil matters involving the U.S. Attorneys Office that were pending when he was the First Assistant U.S. Attorney from March 1, 2021 to August 1, 2022. Magistrate Judge David D. Leshner is no longer assigned. Case reassigned back to Magistrate Judge Barbara Lynn Major for all further proceedings. Pending hearings previously set before the original Judge have been transferred to the newly assigned Judge. The new case number is 22cv0080-JAH-BLM.(no document attached) (mme) (Entered: 08/31/2022)
2022-12-0611ORDER REQUIRING PARTIES TO FILE SUPPLEMENTAL DOCUMENTS: The NRC is directed to file a supplemental document, not to exceed four (4) pages by 12/20/2022, Plaintiff is given leave to file a response, not to exceed four (4) pages by 1/3/2023. Signed by Judge John A. Houston on 12/6/2022.(smy1)(jrd) (Entered: 12/06/2022)
2022-12-2012SUPPLEMENTAL BRIEFING by Defendant United States Nuclear Regulatory Commission re 5 MOTION to Dismiss or, alternatively, for Summary Judgment . (Garabed, Michael) (jpp). (Entered: 12/20/2022)
2023-01-0313RESPONSE TO SUPPLEMENTAL BRIEFING by Michael J. Aguirre re 12 Supplemental Briefing . (Attachments: # 1 Proof of Service)(Severson, Maria) (smy1). (Entered: 01/03/2023)
2023-03-0614ORDER Granting in Part and Denying in Part Defendant's Motion to Dismiss, or, Alternatively, for Summary Judgment re 5 Motion to Dismiss. Signed by Judge John A. Houston on 3/6/2023. (smy1) (Entered: 03/06/2023)
2023-04-2115MOTION to Supplement the Record and Dismiss Plaintiff's Complaint, or, alternatively, for Summary Judgment by United States Nuclear Regulatory Commission. (Attachments: # 1 Declaration)(Garabed, Michael) (smy1). (Entered: 04/21/2023)
2023-05-2416RESPONSE in Opposition re 15 MOTION to Supplement the Record and Dismiss Plaintiff's Complaint, or, alternatively, for Summary Judgment filed by Michael J. Aguirre. (Attachments: # 1 Declaration of Elijah T. Gaglio, # 2 Proof of Service)(Severson, Maria) (bdc). (Entered: 05/24/2023)
2023-05-3117REPLY to Response to Motion re 15 MOTION to Supplement the Record and Dismiss Plaintiff's Complaint, or, alternatively, for Summary Judgment filed by United States Nuclear Regulatory Commission. (Garabed, Michael) (bdc). (Entered: 05/31/2023)
2023-06-0118ORDER Vacating Hearing. Signed by Judge John A. Houston on 06/01/2023.(bdc) (sjt). (Entered: 06/01/2023)
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by FOIA Project Staff
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