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Case TitleCitizen Action v. DOE
DistrictDistrict of New Mexico
CityLas Cruces
Case Number2:2006cv00726
Date Filed2006-08-11
Date Closed2009-06-08
JudgeDistrict Judge Robert C. Brack
PlaintiffCitizen Action
Case DescriptionCitizen Action submitted three FOIA requests to the Department of Energy for records concerning a ten-year comprehensive site plan for Sandia National Laboratory. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, Citzen Action filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDOE United States Department of Energy, National Nuclear Security Administration
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2006-08-111COMPLAINT for Declaratory and Injunctive Relief (1 Summonses issued) (referred to Magistrate Judge W. D. Schneider) (td) (Entered: 08/18/2006)
2006-08-18FILING FEE PAID: on 8/11/06 in the amount of $350.00, receipt #: 505614. (td) (Entered: 08/23/2006)
2006-08-18LETTER to counsel re consent to proceed before U.S. Magistrate Judge (td) (Entered: 08/23/2006)
2006-08-222NOTICE by pltf of refusal to consent to proceed before U.S. Magistrate Judge (td) (Entered: 08/24/2006)
2006-08-223RETURN OF SERVICE executed upon deft DOE by certified mail on 8/11/06 (td) (Entered: 08/24/2006)
2006-08-224MINUTE ORDER: transferring case to the Las Cruces Division & reassigning case from U.S. Magistrate Richard L. Puglisi to District Judge Robert Brack (cc: all counsel) (td) Modified on 08/30/2006 (Entered: 08/24/2006)
2006-09-115AMENDED COMPLAINT [1-1] by pltf* (pr) (Entered: 09/11/2006)
2006-09-186ERRATA and Certificate of Service by pltf re amended complaint [5-1]* (ln) (Entered: 09/18/2006)
2006-09-277ENTRY OF APPEARANCE for defendant by Cynthia L Weisman & Pamela R Arias-Ortega* (dmw) (Entered: 09/27/2006)
2006-09-278ANSWER by defendant [5-1]* (dmw) (Entered: 09/27/2006)
2006-12-089ORDER by Magistrate Judge W. D. Schneider Rule 16 scheduling conference set for 01/29/07 at 1:50 pm; provisional discovery plan and IPTR due 01/22/07 (cc: all counsel*) (ln) (Entered: 12/08/2006)
2007-01-05Scheduling Conference set for 1/29/2007 02:00 PM in Albuquerque - 720 Judge W. Daniel Schneider Chambers before United States Magistrate Judge W. Daniel Schneider. THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. (mm) (Entered: 01/05/2007)
2007-01-2210Joint MOTION to Vacate Initial Scheduling Order & Enter First Briefing Schedule by DOE. (Weisman, Cynthia) (Entered: 01/22/2007)
2007-01-2411ORDER by Judge W. Daniel Schneider (mm) (Entered: 01/24/2007)
2007-01-2912Clerk's Minutes for proceedings held before Judge W. Daniel Schneider : A Status Conference was held in lieu of a R16 Scheduling Conference on 1/29/2007. THIS IS A TEXT ENTRY ONLY. THERE ARE NO DOCUMENTS ATTACHED. (mm) (Entered: 01/29/2007)
2007-04-1313Joint MOTION Second Briefing Schedule by DOE. (Weisman, Cynthia) (Entered: 04/13/2007)
2007-04-1614ORDER by Judge Robert Brack granting 13 Motion for extension of briefing schedule. (aml) (Entered: 04/16/2007)
2007-04-3015Partial MOTION to Dismiss or in the alternative Partial Motion for Summary Judgment and Memorandum of Law in Support by DOE. (Attachments: # 1 Exhibit A Declaration of T. Apodaca# 2 Exhibit A1 DOE/NNSA letter 9/13/05# 3 Exhibit A2 DOE/NNSA email 11/15/05# 4 Exhibit A3 DOE/NNSA letter 10/17/06# 5 Exhibit A4 DOE/NNSA letter 2/28/07# 6 Exhibit A5 DOE/NNSA letter 7/13/04# 7 Exhibit A6 DOE/NNSA letter 10/4/04# 8 Exhibit A7 DOE/NNSA letter 1/18/05# 9 Exhibit A8 DOE/NNSA letter 10/20/05# 10 Exhibit A9 DOE memorandum 4/24/06# 11 Exhibit A10 DOE/NNSA letter 9/14/06# 12 Exhibit A11 USAO letter 3/2/07# 13 Exhibit B Declaration of T. Loughead)(Weisman, Cynthia) (Entered: 04/30/2007)
2007-04-3016MOTION for Summary Judgment by Citizen Action. (Mietz, Richard) (Entered: 04/30/2007)
2007-04-3017MEMORANDUM in Support of Plaintiff's Motion for Summary Judgment filed by Citizen Action. (Attachments: # 1 Declaration of Susan C. Dayton# 2 Declaration of David B. McCoy# 3 Exhibit A# 4 Exhibit B# 5 Exhibit C# 6 Exhibit D# 7 Exhibit E# 8 Exhibit F# 9 Exhibit G# 10 Exhibit H# 11 Exhibit I# 12 Exhibit J# 13 Exhibit K# 14 Exhibit L# 15 Exhibit M# 16 Exhibit N# 17 Exhibit O# 18 Exhibit O# 19 Exhibit Q# 20 Exhibit R# 21 Exhibit S)(Mietz, Richard) (Entered: 04/30/2007)
2007-06-0118Joint MOTION for Extension of Time to File Joint Motion to Amend Second Briefing Schedule by DOE. (Weisman, Cynthia) (Entered: 06/01/2007)
2007-06-0419ORDER by Judge Robert C. Brack granting 18 Joint Motion to Amend Second Briefing Schedule. (aml) (Entered: 06/04/2007)
2007-06-1920MOTION for Leave to File Over-Length Exhibits by Citizen Action. (Mietz, Richard) (Entered: 06/19/2007)
2007-06-2021Unopposed MOTION for Extension of Time to File Response/Reply Response to Plaintiff's Motion for Summary Judgment (Doc. 16) by DOE. (Weisman, Cynthia) (Entered: 06/20/2007)
2007-06-2022RESPONSE in Opposition re 15 Partial MOTION to Dismiss or in the alternative Partial Motion for Summary Judgment and Memorandum of Law in Support filed by Citizen Action. (Mietz, Richard) (Entered: 06/20/2007)
2007-06-2123RESPONSE in Opposition re 16 MOTION for Summary Judgment filed by DOE. (Weisman, Cynthia) (Entered: 06/21/2007)
2007-06-2124ORDER by Judge Robert C. Brack granting 21 Motion for Extension of Time to File Response/Reply re 21 Unopposed MOTION for Extension of Time to File Response/Reply Response to Plaintiff's Motion for Summary Judgment (Doc. 16) (aml) (Entered: 06/21/2007)
2007-06-2925RESPONSE re 20 MOTION for Leave to File Over-Length Exhibits filed by DOE. (Weisman, Cynthia) (Entered: 06/29/2007)
2007-07-0726REPLY to Response to Motion re 20 MOTION for Leave to File Over-Length Exhibits filed by Citizen Action. (Mietz, Richard) (Entered: 07/07/2007)
2007-07-0727NOTICE of Briefing Complete by Citizen Action re 20 MOTION for Leave to File Over-Length Exhibits filed by Citizen Action (Mietz, Richard) (Entered: 07/07/2007)
2007-07-2028REPLY to Defendant's Response re 16 MOTION for Summary Judgment filed by Citizen Action. (Mietz, Richard) (Entered: 07/20/2007)
2007-07-2029NOTICE of Briefing Complete by Citizen Action re 16 MOTION for Summary Judgment filed by Citizen Action (Mietz, Richard) (Entered: 07/20/2007)
2007-07-2030REPLY to Response to Motion re 15 Partial MOTION to Dismiss or in the alternative Partial Motion for Summary Judgment and Memorandum of Law in Support filed by DOE. (Weisman, Cynthia) (Entered: 07/20/2007)
2007-07-2031NOTICE of Briefing Complete by DOE re 15 Partial MOTION to Dismiss or in the alternative Partial Motion for Summary Judgment and Memorandum of Law in Support filed by DOE (Weisman, Cynthia) (Entered: 07/20/2007)
2007-07-2732Joint MOTION for Extension of Time to File Cross Motions for Summary Judgment on FOIA Exemptions by DOE. (Weisman, Cynthia) (Entered: 07/27/2007)
2007-07-3033ORDER by Judge Robert C. Brack granting 32 Motion for Extension of Time to File (aml) (Entered: 07/30/2007)
2007-08-0334ORDER by Judge W. Daniel Schneider granting 20 Motion for Leave to File (mm) (Entered: 08/03/2007)
2007-09-2735Unopposed MOTION for Extension of Time to File Cross Motions for Summary Judgment on FOIA Exemptions by DOE. (Weisman, Cynthia) (Entered: 09/27/2007)
2007-09-2836ORDER by Judge Robert Brack granting 35 Motion for Extension of Time to File (aml) (Entered: 09/28/2007)
2007-10-2337Second MOTION for Extension of Time to File cross-motions for summary judgment on FOIA exemptions by DOE. (Weisman, Cynthia) (Entered: 10/23/2007)
2007-10-2538ORDER by Judge Robert Brack granting 37 Motion for Extension of Time to File (aml) (Entered: 10/25/2007)
2007-11-1439Joint MOTION to Extend (other) Briefing Deadlines by DOE. (Weisman, Cynthia) (Entered: 11/14/2007)
2007-11-1440Joint MOTION for Leave to File Excess Pages by DOE. (Weisman, Cynthia) (Entered: 11/14/2007)
2007-11-1641ORDER by Judge Robert C. Brack granting 40 Motion for Leave to File Excess Pages. (aml) (Entered: 11/16/2007)
2007-11-1642FILED IN ERROR -ORDER by Judge Robert Brack granting 39 ORDER on Motion to Extend (aml) Modified on 11/16/2007 (sl). (Entered: 11/16/2007)
2007-11-1643ORDER granting extension of time by Judge Robert Brack (aml) (Entered: 11/16/2007)
2007-11-2144MOTION for Summary Judgment Motion to Dismiss or in the Alternative Motion for Summary Judgment and Memorandum in Support by DOE. (Attachments: # 1 Exhibit A-Declaration of DOE counsel P. Arias-Ortega# 2 Exhibit A1-Yard Hole index July 2007# 3 Exhibit A2-9-7-07 letter from pltf counsel R. Mietz# 4 Exhibit A3-revised Yard Hole index Nov 2007# 5 Exhibit A4-FY 2004 index June 2007# 6 Exhibit A5-FY 2006 index June 2007# 7 Exhibit A6-FY 2005 index Aug 2007# 8 Exhibit A7-revised FY 2005 index Nov 2007# 9 Exhibit B-Declaration of FOIA Officer C. Becknell# 10 Exhibit B1-6-18-07 DOE/NNSA final response re FY 2005 TYCSP# 11 Exhibit C-Declaration of Sandia Site Office M. McFadden# 12 Exhibit D-Declaration of DOE Classification Office A. Weston-Dawkes)(Weisman, Cynthia) (Entered: 11/21/2007)
2007-11-2145MOTION for Summary Judgment on Redactions by Citizen Action. (Mietz, Richard) (Entered: 11/21/2007)
2007-11-2146MEMORANDUM in Support re 45 MOTION for Summary Judgment on Redactions filed by Citizen Action. (Attachments: # 1 Exhibit A)(Mietz, Richard) (Entered: 11/21/2007)
2007-11-2147DECLARATION re 45 MOTION for Summary Judgment on Redactions (regarding TYCSP's) by Citizen Action (Mietz, Richard) (Entered: 11/21/2007)
2007-11-2148DECLARATION re 45 MOTION for Summary Judgment on Redactions (regarding "Yardhole" Records) by Citizen Action (Mietz, Richard) (Entered: 11/21/2007)
2007-12-0449Joint MOTION for Leave to File Excess Pages by DOE. (Weisman, Cynthia) (Entered: 12/04/2007)
2007-12-0550ORDER by Judge Robert Brack granting 49 Motion for Leave to File Excess Pages (aml) (Entered: 12/05/2007)
2007-12-0751NOTICE by Citizen Action re 16 MOTION for Summary Judgment of Supplemental Authority (Attachments: # 1 Supplemental Authority)(Mietz, Richard) (Entered: 12/07/2007)
2007-12-1952RESPONSE in Opposition re 45 MOTION for Summary Judgment on Redactions filed by DOE. (Weisman, Cynthia) (Entered: 12/19/2007)
2007-12-1953RESPONSE re 44 MOTION for Summary Judgment Motion to Dismiss or in the Alternative Motion for Summary Judgment and Memorandum in Support filed by Citizen Action. (Mietz, Richard) (Entered: 12/19/2007)
2008-01-2354REPLY to Response to Motion re 44 MOTION for Summary Judgment Motion to Dismiss or in the Alternative Motion for Summary Judgment and Memorandum in Support filed by DOE. (Weisman, Cynthia) (Entered: 01/23/2008)
2008-01-2355REPLY re 45 MOTION for Summary Judgment on Redactions filed by Citizen Action. (Mietz, Richard) (Entered: 01/23/2008)
2008-01-2456NOTICE of Briefing Complete by DOE re 44 MOTION for Summary Judgment Motion to Dismiss or in the Alternative Motion for Summary Judgment and Memorandum in Support filed by DOE (Weisman, Cynthia) (Entered: 01/24/2008)
2008-01-2857NOTICE of Briefing Complete by Citizen Action re 45 MOTION for Summary Judgment on Redactions filed by Citizen Action (Mietz, Richard) (Entered: 01/28/2008)
2008-01-2858ERRATA re 55 Reply by Citizen Action (Mietz, Richard) (Entered: 01/28/2008)
2008-03-3159MEMORANDUM OPINION AND ORDER Terminated document(s): 16 MOTION for Summary Judgment, 15 Partial MOTION to Dismiss or in the alternative Partial Motion for Summary Judgment and Memorandum of Law in Support . Related document(s): 16 MOTION for Summary Judgment, 15 Partial MOTION to Dismiss or in the alternative Partial Motion for Summary Judgment and Memorandum of Law in Support . by Judge Robert C. Brack (aml) (Entered: 03/31/2008)
2008-04-2960STATUS REPORT Joint Status Report by DOE (Weisman, Cynthia) (Entered: 04/29/2008)
2008-05-1661Joint Status Report First Addendum by DOE (Weisman, Cynthia) (Entered: 05/16/2008)
2008-06-0962MEMORANDUM OPINION AND ORDER Terminated document(s): 44 MOTION for Summary Judgment Motion to Dismiss or in the Alternative Motion for Summary Judgment and Memorandum in Support , 45 MOTION for Summary Judgment on Redactions . Related document(s): 45 MOTION for Summary Judgment on Redactions , 44 MOTION for Summary Judgment Motion to Dismiss or in the Alternative Motion for Summary Judgment and Memorandum in Support . by District Judge Robert C. Brack (aml) (Entered: 06/09/2008)
2008-06-3063STATUS REPORT (Second Joint Status Report) by DOE (Weisman, Cynthia) (Entered: 06/30/2008)
2008-07-2164NOTICE of Appearance by Raymond Hamilton on behalf of DOE (Hamilton, Raymond) (Entered: 07/21/2008)
2008-08-0765STATUS REPORT (Third) by DOE (Hamilton, Raymond) (Entered: 08/07/2008)
2008-08-1466NOTICE by DOE of Withdrawal of Counsel (Weisman, Cynthia) (Entered: 08/14/2008)
2008-11-0367ORDER that counsel shall file a status report by December 1, 2008, and continue to file periodic status reports, not later than every 60 days thereafter by District Judge Robert C. Brack. (aml) (Entered: 11/03/2008)
2008-12-0168REPORT by DOE (Hamilton, Raymond) (Entered: 12/01/2008)
2009-01-3069Joint Status Report (Fourth) by DOE (Hamilton, Raymond) (Entered: 01/30/2009)
2009-03-3170Joint Status Report (Fifth) by DOE (Hamilton, Raymond) (Entered: 03/31/2009)
2009-06-0171STIPULATION for Compromise Settlement and Dismissal with Prejudice by DOE (Hamilton, Raymond) (Entered: 06/01/2009)
2009-06-0872ORDER DISMISSING CASE WITH PREJUDICE by U.S. District Judge J. Thomas Marten (rg) (Entered: 06/09/2009)
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