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Case TitleNuclear Watch New Mexico v. National Nuclear Security Administration of the U.S. Department of Energy
DistrictDistrict of New Mexico
CityAlbuquerque
Case Number1:2022cv00680
Date Filed2022-09-15
Date ClosedOpen
JudgeMagistrate Judge Gregory J. Fouratt
PlaintiffNuclear Watch New Mexico
Case DescriptionNuclear Watch New Mexico submitted a FOIA request to the National Nuclear Security Administration for records concerning Performance Evaluation Reports for various national laboratories. NWNM also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, NWNM filed suit.
Complaint issues: Failure to respond within statutory time limit, Fees, Litigation - Attorney's fees

DefendantNational Nuclear Security Administration of the U.S. Department of Energy
Documents
Docket
Complaint
Opinion/Order [8]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-09-151COMPLAINT for Injunctive Relief against National Nuclear Security Administration of the Department of Energy ( Filing Fee - Online Payment), filed by Nuclear Watch New Mexico. (Stroud, John) (Entered: 09/15/2022)
2022-09-15Filing and Administrative Fees Received: $ 402 receipt number ANMDC-8462762 re 1 Complaint filed by Nuclear Watch New Mexico (Payment made via Pay.gov)(Stroud, John) (Entered: 09/15/2022)
2022-09-152APPENDIX/SUPPLEMENT re 1 Complaint Civil Cover Sheet by Nuclear Watch New Mexico (Stroud, John) (Entered: 09/15/2022)
2022-09-153ASSOCIATION of Attorney Licensed Outside the District for Plaintiff Nuclear Watch New Mexico by John E. Stroud on behalf of: Jules Zacher Jules Zacher, P.C. 1601 Walnut St. #707 Philadelphia, PA 19102 (215) 988-0160 zacherlaw@gmail.com (Association Dues - Online Payment) (Stroud, John) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 09/15/2022)
2022-09-15Association Dues Received: $ 100 receipt number ANMDC-8462820 re: # 3 Association of Attorney Licensed Outside the District, filed by Nuclear Watch New Mexico (Payment made via Pay.gov)(Stroud, John) (Entered: 09/15/2022)
2022-09-154NOTICE by Nuclear Watch New Mexico re 1 Complaint Entry of Appearance (Stroud, John) (Entered: 09/15/2022)
2022-09-155NOTICE by Nuclear Watch New Mexico re Association Dues for Attorney Licensed Outside the District, 4 Notice (Other), 1 Complaint, 3 Association of Attorney Licensed Outside the District, Certificate of Good Standing of Jules Zacher (Attachments: # 1 Exhibit A) (Stroud, John) (Entered: 09/15/2022)
2022-09-15United States Magistrate Judge Gregory J. Fouratt and United States Magistrate Judge Jerry H. Ritter assigned. (dr) (Entered: 09/15/2022)
2022-09-156PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Gregory J. Fouratt to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (dr) (Entered: 09/15/2022)
2022-09-16Summons Issued as to National Nuclear Security Administration of the U.S. Department of Energy, U.S. Attorney and U.S. Attorney General (dr) (Entered: 09/16/2022)
2022-10-077MOTION for Leave to File First Amended Complaint for Injunctive Relief by Nuclear Watch New Mexico. (Attachments: # 1 EXHIBIT A, # 2 EXHIBIT B) (Stroud, John) (Entered: 10/07/2022)
2022-10-148ORDER by Magistrate Judge Jerry H. Ritter granting 7 Motion for Leave to File First Amended Complaint. (sjl) (Entered: 10/14/2022)
2022-10-159AMENDED COMPLAINT FOR INJUNCTIVE RELIEF against National Nuclear Security Administration of the U.S. Department of Energy., filed by Nuclear Watch New Mexico. (Stroud, John) (Entered: 10/15/2022)
2022-11-0110NOTICE of Appearance by Manuel Lucero on behalf of National Nuclear Security Administration of the U.S. Department of Energy (Lucero, Manuel) (Entered: 11/01/2022)
2022-11-2311ANSWER to 9 Amended Complaint by National Nuclear Security Administration of the U.S. Department of Energy.(Lucero, Manuel) (Entered: 11/23/2022)
2022-11-2812INITIAL SCHEDULING ORDER: by Magistrate Judge Jerry H. Ritter. Joint Status Report due by 12/27/2022. Scheduling Conference set for 1/3/2023 at 01:00 PM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Jerry H. Ritter. Unless otherwise notified by the Clerk or the Court a notice of consent or non-consent for this case to proceed before the trial Magistrate Judge should be submitted by each party no later than 12/19/2022. (sjl) (Entered: 11/28/2022)
2022-12-2113NOTICE OF CONSENT SUBMISSION DEADLINE by Magistrate Judge Gregory J. Fouratt. Pursuant to Fed. R. Civ. P. 73(b)(2), the parties are reminded that a magistrate judge was assigned as the trial judge in this matter under 28 U.S.C. 636(c). The parties are advised that this matter will be reassigned to a district judge as the trial judge if written consents from all parties have not been filed by January 6, 2023 . The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (gbg) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 12/21/2022)
2022-12-2214CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), National Nuclear Security Administration of the U.S. Department of Energy voluntarily consent(s) to have United States Magistrate Judge Gregory J. Fouratt conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Lucero, Manuel) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 12/22/2022)
2022-12-2215CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Nuclear Watch New Mexico voluntarily consent(s) to have United States Magistrate Judge Gregory J. Fouratt conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Stroud, John) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 12/22/2022)
2022-12-2716Joint Status Report by National Nuclear Security Administration of the U.S. Department of Energy (Lucero, Manuel) (Entered: 12/27/2022)
2022-12-2717NOTICE OF RULE 73 CONSENT Received by All Parties. Related documents: 15 Consent to Proceed Before a U.S. Magistrate Judge, filed by Nuclear Watch New Mexico, 14 Consent to Proceed Before a U.S. Magistrate Judge, filed by National Nuclear Security Administration of the U.S. Department of Energy. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (cfa) (Entered: 12/27/2022)
2022-12-2818ORDER by Magistrate Judge Jerry H. Ritter re 12 Initial Scheduling Order, Resetting Scheduling Conference. Scheduling Conference set for January 4th, 2023 (1/4/2023) at 09:00 AM Mountain Time in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Jerry H. Ritter. The Scheduling Conference set in 12 Initial Scheduling Order is VACATED. All other deadlines set in the Initial Scheduling Order remain the same. Parties will call the same conference line provided in the Initial Scheduling Order. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (sjl) (Entered: 12/28/2022)
2023-01-0419Clerk's Minutes for Scheduling Conference held before Magistrate Judge Jerry H. Ritter on January 4, 2023 (1/4/2023). Attending: John E. Stroud for Plaintiff Nuclear Watch New Mexico; Assistant U.S. Attorney Manuel Lucero for Defendant National Nuclear Security Administration of the U.S. Department of Energy. Proposed briefing schedule adopted: Simultaneous Cross Motions for Summary Judgment due by February 15, 2023 (2/15/2023); Responses due by March 30, 2023 (3/30/2023); Replies due April 15, 2023 (4/15/2023). Judge Ritter will set a late January status conference to discuss settlement. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (sjl) (Entered: 01/04/2023)
2023-01-0520ORDER Setting Telephonic Status Conference by Magistrate Judge Jerry H. Ritter. Status Conference set for January 27, 2023 (1/27/2023) at 09:00 AM in Las Cruces - Telephonic Hearing/Conference before Magistrate Judge Jerry H. Ritter. Counsel shall call my toll-free AT&T conference line at (888) 278-0296, enter access code 9998216, and press # to be joined to the proceedings. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (sjl) (Entered: 01/05/2023)
2023-01-2721Clerk's Minutes for telephonic status conference held before Magistrate Judge Jerry H. Ritter on January 27, 2023. Plaintiff's counsel Jules Zacher and John Stroud and defense counsel AUSA Manual Lucero were present. Counsel advise they are close to an agreement regarding settlement and request a follow-up status conference. The Court will issue a separate order setting another telephonic status conference for February 27, 2023 at 2 p.m. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (ama) (Entered: 01/27/2023)
2023-01-2722ORDER by Magistrate Judge Jerry H. Ritter setting a telephonic Status Conference for February 27, 2023 at 2:00 p.m. Counsel shall call my toll-free AT&T conference line at (888) 278-0296, enter access code 9998216, and press # to be joined to the proceedings. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ama) (Entered: 01/27/2023)
2023-02-2223PLEASE TAKE NOTICE that this case has been reassigned to Magistrate Judge Jennifer M. Rozzoni as the pretrial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges. Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. Magistrate Judge Jerry H. Ritter no longer assigned to this case. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (dr) (Entered: 02/22/2023)
2023-02-2724Clerk's Minutes for telephonic status conference before Magistrate Judge Jerry H. Ritter on February 27, 2023. Attorneys Jules Zacher and John Stroud were present for Plaintiff and AUSA Manuel Lucero was present for Defendant. The parties advise they are still negotiating a settlement and request another status conference in approximately two weeks. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (ama) (Entered: 02/27/2023)
2023-03-0125ORDER by Magistrate Judge Jennifer M. Rozzoni. Status Conference set for 3/15/2023 at 09:30 AM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Jennifer M. Rozzoni. (ccp) (Entered: 03/01/2023)
2023-03-1326ORDER by Magistrate Judge Jennifer M. Rozzoni VACATING status conference set for 3/15/2023 at 9:30 a.m. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ccp) (Entered: 03/13/2023)
2023-03-1327PLEASE TAKE NOTICE that this case has been reassigned to United States Magistrate Judge Laura Fashing as the pretrial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges. Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. United States Magistrate Judge Jennifer M. Rozzoni no longer assigned to this case. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg) (Entered: 03/13/2023)
2023-03-1328ORDER by Magistrate Judge Laura Fashing. Status Conference set for 3/27/2023 at 02:30 PM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Laura Fashing. (cda) (Entered: 03/13/2023)
2023-03-1429AMENDED ORDER by Magistrate Judge Laura Fashing. Status Conference set for 3/29/2023 at 02:00 PM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Laura Fashing. Counsel shall call my AT&T toll-free conference line at 1-888-363-4734 and dial access code 5407449 to be joined to the proceedings. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (cda) (Entered: 03/14/2023)
2023-03-2930Clerk's Minutes for proceedings held before Magistrate Judge Laura Fashing: Status Conference held on 3/29/2023. (cda) (Entered: 03/29/2023)
2023-03-3131ORDER by Magistrate Judge Laura Fashing. Settlement Conference set for 5/11/2023 at 09:00 AM remote via Zoom before Magistrate Judge Laura Fashing. (cda) (Entered: 03/31/2023)
2023-04-2033Unopposed MOTION to Vacate 31 Order, Set Hearings Settlement Conference and requesting a new date by National Nuclear Security Administration of the U.S. Department of Energy. (Lucero, Manuel) (Entered: 04/20/2023)
2023-04-2434ORDER by Magistrate Judge Laura Fashing granting 33 Unopposed MOTION to Vacate 31 Order, Set Hearings Settlement Conference and requesting a new date . The Court will reset the settlement conference at a later date. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (cda) (Entered: 04/24/2023)
2023-04-2535ORDER by Magistrate Judge Laura Fashing. Settlement Conference set for 6/29/2023 at 09:00 AM remote via Zoom before Magistrate Judge Laura Fashing. (cda) (Entered: 04/25/2023)
2023-06-2937Clerk's Minutes for proceedings held before Magistrate Judge Laura Fashing: Settlement Conference held on 6/29/2023. Case settled. (cda) (Entered: 06/29/2023)
2023-06-2938ORDER to Submit Closing Document by Magistrate Judge Laura Fashing. The parties have reached a negotiated resolution in this matter. IT IS THEREFORE ORDERED that closing documents must be filed no later than Monday, July 31, 2023, absent a written motion showing good cause for an extension. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (cda) (Entered: 06/29/2023)
2023-07-0539STIPULATION re 1 Complaint of settlement by National Nuclear Security Administration of the U.S. Department of Energy (Lucero, Manuel) (Entered: 07/05/2023)
2023-07-0540STIPULATION re 39 Stipulation, 1 Complaint of fees by National Nuclear Security Administration of the U.S. Department of Energy (Lucero, Manuel) (Entered: 07/05/2023)
2023-08-0241NOTICE of Voluntary Dismissal of Case by All Defendants (Lucero, Manuel) (Entered: 08/02/2023)
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