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Case TitleBender v. U.S. Department of Transportation et al
DistrictSouthern District of California
CitySan Diego
Case Number3:2023cv00023
Date Filed2023-01-06
Date ClosedOpen
JudgeDistrict Judge Andrew G. Schopler
PlaintiffRaymond Paul Bender PRO SE ALLOWED TO E-FILE
Case DescriptionRaymond Bender submitted FOIA requests to the Federal Aviation Administration for records. The agency acknowledged receipt of the requests and provided records in response some request, withholding records under various exemptions. Bender filed administrative appeals, but dissatisfied with the agency's responses, Bender filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantU.S. Department of Transportation
DefendantPeter Paul Montgomery Buttigieg Secretary of Transportation, in his official capacity
also known as Pete Paul Buttigieg
DefendantSecretary of Transportation
DefendantPeter Paul Montgomery Buttigieg in his official capacity
also known as Pete Paul Buttigieg
DefendantFederal Aviation Administration
DefendantActing FAA Administrator currently Billy Nolen in his official capacity
DefendantOffice of the Inspector Genereal
DefendantDoes I to XX Defendant Officers & Employees
DefendantDoes 1 to XX Defendant Officers & Employees
Documents
Docket
Complaint
Complaint attachment 1
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Complaint attachment 28
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-01-061COMPLAINT against Acting FAA Administrator, Does 1 to XX, Federal Aviation Administration, Peter Paul Montgomery Buttigieg, Office of the Inspector Genereal, Secretary of Transportation, U.S. Department of Transportation ( Filing fee $ 402 receipt number CAS142784.), filed by Raymond Bender. (Attachments: # 1 Complaint pg. 51-77, # 2 Complaint pg. 78-100, # 3 Complaint pg.101-124, # 4 Complaint pg.125-150, # 5 Complaint pg. 151-179, # 6 Complaint pg. 180- 200, # 7 Complaint pg. 201- 222, # 8 New Case Raymond v. U.S. Department of Transportation, # 9 Exhibit 1, # 10 Exhibit 2, # 11 Exhibit 3, # 12 Exhibit 4, # 13 Exhibit 5, # 14 Exhibit 6, # 15 Exhibit 7, # 16 Exhibit 8, # 17 Exhibit 9, # 18 Exhibit 10, # 19 Exhibit 11, # 20 Exhibit 12, # 21 Exhibit 13, # 22 Exhibit 14, # 23 Exhibit 15, # 24 Exhibit 16, # 25 Exhibit 17, # 26 Exhibit 18, # 27 Exhibit 19, # 28 Receipt) The new case number is 3:23-cv-23-LL-AHG. Judge Linda Lopez and Magistrate Judge Allison H. Goddard are assigned to the case. (Bender, Raymond)(ggv) (sjt). (Entered: 01/09/2023)
2023-01-062Summons 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. Summons has been provided to plaintiffs not receiving notice electronically. (ggv) (sjt). (Entered: 01/09/2023)
2023-02-063Ex Parte MOTION for Extension of Time to File Answer by Acting FAA Administrator, Federal Aviation Administration, Peter Paul Montgomery Buttigieg, Office of the Inspector Genereal, U.S. Department of Transportation. (Attachments: # 1 Declaration of Morgan P. Suder, # 2 Proof of Service)(Suder, Morgan)Attorney Morgan Paige Suder added to party Acting FAA Administrator(pty:dft), Attorney Morgan Paige Suder added to party Federal Aviation Administration(pty:dft), Attorney Morgan Paige Suder added to party Peter Paul Montgomery Buttigieg(pty:dft), Attorney Morgan Paige Suder added to party Office of the Inspector Genereal(pty:dft), Attorney Morgan Paige Suder added to party U.S. Department of Transportation(pty:dft) (ddf). (Entered: 02/06/2023)
2023-02-064ORDER Granting Ex Parte Motion For Extension [ECF No. 3 ]. Signed by Judge Linda Lopez on 2/6/2023. (All non-registered users served via U.S. Mail Service)(ddf) (Entered: 02/06/2023)
2023-02-095SUMMONS Returned Executed by Raymond Bender. Acting FAA Administrator, Federal Aviation Administration, Peter Paul Montgomery Buttigieg, U.S. Department of Transportation served. (ddf) (Entered: 02/09/2023)
2023-02-136Notice Of Motion And Motion For Plaintiff Pro Se Ex Parte Application To File Pleadings Electronically Using CM/ECF by Raymond Bender. (ddf) (Entered: 02/13/2023)
2023-02-147ORDER Granting Ex Parte Motion For Extension [ECF No. 6 ]. Signed by Judge Linda Lopez on 2/14/2023. (All non-registered users served via U.S. Mail Service)(ddf) (Entered: 02/14/2023)
2023-03-158Ex Parte MOTION for Extension of Time to File Answer by Acting FAA Administrator, Federal Aviation Administration, Peter Paul Montgomery Buttigieg, Office of the Inspector Genereal, U.S. Department of Transportation. (Attachments: # 1 Declaration of Morgan P. Suder)(Suder, Morgan) (ddf). (Entered: 03/15/2023)
2023-03-169ORDER Granting Ex Parte Motion For Extension [ECF No. 8 ]. Signed by Judge Linda Lopez on 3/16/2023. (ddf) (Entered: 03/16/2023)
2023-03-2010ORDER OF TRANSFER. Judge Linda Lopez is no longer assigned. Case reassigned to District Judge Andrew G. Schopler for all further proceedings. The new case number is 23cv00023-AGS-AHG. Signed by Judge Linda Lopez on 3/20/2023.(ddf) (Entered: 03/20/2023)
2023-04-1911MOTION to Dismiss by Acting FAA Administrator, Federal Aviation Administration, Peter Paul Montgomery Buttigieg, Office of the Inspector Genereal, U.S. Department of Transportation. (Suder, Morgan) (jms). (Entered: 04/19/2023)
2023-06-0612RESPONSE in Opposition re 11 MOTION to Dismiss filed by Raymond Paul Bender. (Attachments: # 1 RAYMOND BENDER Supporting Affidavit)(Bender, Raymond) (jms). (Entered: 06/06/2023)
2023-06-2313REPLY to Response to Motion re 11 MOTION to Dismiss filed by Acting FAA Administrator, Federal Aviation Administration, Peter Paul Montgomery Buttigieg, Office of the Inspector Genereal, U.S. Department of Transportation. (Attachments: # 1 Declaration of Dedra Goodman)(Suder, Morgan) (jms). (Entered: 06/23/2023)
2023-06-2614ORDER (AGS): The hearing previously scheduled on defendant's motion to dismiss (ECF 11 ) is vacated. The Court finds the matter suitable for disposition without oral argument. Signed by District Judge Andrew G. Schopler on 06/26/2023. (All non-registered users served via U.S. Mail Service) (no document attached) (raw) (Entered: 06/26/2023)
2023-06-2615REPLY - Other re 13 Reply to Response to Motion, Lodged Reply to FAA FOIA Coordinator Goodman filed by Raymond Paul Bender. (Bender, Raymond) (Entered: 06/26/2023)
2023-11-0316ORDER Setting Discovery Conference. Discovery conference, regarding certain discovery disputes, set for 11/27/2023 at 10:30 AM before Magistrate Judge Allison H. Goddard. Signed by Magistrate Judge Allison H. Goddard on 11/3/2023.(hmw) (Entered: 11/03/2023)
2023-11-2717Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Discovery Conference held on 11/27/2023. The Court advised the parties that its tentative ruling would be to deny the requests for early discovery and an early ENE. Should Plaintiff choose to file a motion for early discovery or an early ENE, the motion must be filed by 1/12/2024, Defendant's opposition or notice of non-opposition must be filed by 1/26/2024, and Plaintiff's reply may be filed by 2/2/2024; the Court reserves 2/9/2024 as the hearing date for the motion, and upon completion of the briefing will alert the parties whether oral argument will be required. (Plaintiff Raymond Paul Bender, proceeding pro se ). (Defendant Attorney Morgan Paige Suder). (no document attached) (hmw) (Entered: 11/27/2023)
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