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Case TitleCitizen Action et al v. National Nuclear Security Administration Service Center et al
DistrictDistrict of New Mexico
CityAlbuquerque
Case Number1:2013cv01128
Date Filed2013-11-22
Date Closed2014-12-09
JudgeMagistrate Judge Karen B. Molzen
PlaintiffCitizen Action
PlaintiffDavid B. McCoy
Case DescriptionCitizen Action requested records concerning the safety of the three nuclear facilities at Sandia National Laboratories from the National Nuclear Security Administration Service. The agency indicated it expected to complete the request in 19 months. Citizen Action requested expedited processing and filed suit after hearing nothing further from the agency.
Complaint issues: improper withholding, pattern and practice of violating FOIA, attorney's fees

DefendantNational Nuclear Security Administration Service Center
DefendantNational Nuclear Security Administration
DefendantUnited States Department of Energy
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2013-11-221COMPLAINT for Injunctive Relief against National Nuclear Security Administration, National Nuclear Security Administration Service Center, The United State Department of Energy ( Filing Fee - Online Payment), filed by Citizen Action, Dave McCoy.(Simmons, Nancy) (Entered: 11/22/2013)
2013-11-22Filing and Administrative Fees Received: $ 400 receipt number 1084-3354918 re 1 Complaint, filed by Citizen Action, Dave McCoy (Payment made via Pay.gov)(Simmons, Nancy) (Entered: 11/22/2013)
2013-11-222APPENDIX/SUPPLEMENT Civil Cover Sheet by Citizen Action, Dave McCoy (Simmons, Nancy) (Entered: 11/22/2013)
2013-11-22Chief United States Magistrate Judge Karen B. Molzen and United States Magistrate Judge Alan C. Torgerson are assigned. (jc) (Entered: 11/22/2013)
2013-11-223PLEASE TAKE NOTICE that this case has been randomly assigned to Chief United States Magistrate Judge Karen B. Molzen 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.nmcourt.fed.us for more information and instructions. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jc) (Entered: 11/22/2013)
2013-12-11Summons Issued as to All Defendants. (id) (Entered: 12/11/2013)
2014-01-064FILED IN ERROR SUMMONS Returned Executed by Citizen Action, David B. McCoy. National Nuclear Security Administration Service Center served on 1/3/2014, answer due 1/24/2014. (Simmons, Nancy) Modified on 1/7/2014 - wrong event used(jc). (Entered: 01/06/2014)
2014-01-065FILED IN ERROR SUMMONS Returned Executed by Citizen Action, David B. McCoy. National Nuclear Security Administration served on 1/3/2014, answer due 1/24/2014. (Simmons, Nancy) Modified on 1/7/2014 - wrong event used(jc). (Entered: 01/06/2014)
2014-01-066FILED IN ERROR SUMMONS Returned Executed by Citizen Action, David B. McCoy. United States Department of Energy served on 1/3/2014, answer due 1/24/2014. (Simmons, Nancy) Modified on 1/7/2014 - wrong event used (jc). (Entered: 01/06/2014)
2014-01-077SUMMONS Returned Executed by Citizen Action, David B. McCoy. (Lavin, Amanda) (Entered: 01/07/2014)
2014-01-078SUMMONS Returned Executed by Citizen Action, David B. McCoy. (Lavin, Amanda) (Entered: 01/07/2014)
2014-01-079SUMMONS Returned Executed by Citizen Action, David B. McCoy. (Lavin, Amanda) (Entered: 01/07/2014)
2014-01-2410SUMMONS Returned Executed by Citizen Action, David B. McCoy. National Nuclear Security Administration served on 1/2/2014, answer due 3/3/2014. (Lavin, Amanda) (Entered: 01/24/2014)
2014-01-2411SUMMONS Returned Executed by Citizen Action, David B. McCoy. United States Department of Energy served on 1/2/2014, answer due 3/3/2014. (Lavin, Amanda) (Entered: 01/24/2014)
2014-01-2412SUMMONS Returned Executed by Citizen Action, David B. McCoy. National Nuclear Security Administration Service Center served on 1/2/2014, answer due 3/3/2014. (Lavin, Amanda) (Entered: 01/24/2014)
2014-01-2813Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by National Nuclear Security Administration, National Nuclear Security Administration Service Center, United States Department of Energy. (Lucero, Manuel) (Entered: 01/28/2014)
2014-01-3114ORDER by Magistrate Judge Alan C. Torgerson granting 13 Defendants National Nuclear Security Administration Service Center, National Nuclear Security Administration and the United States Department of Energy Unopposed Motion for Extension of Time. Deadline for Defendant to file answer or otherwise respond to Plaintiff's Complaint due by 3/7/2014. (as) (Entered: 01/31/2014)
2014-02-0415PLEASE TAKE NOTICE that this case has been reassigned to Magistrate Judge William P Lynch 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 Alan C. Torgerson no longer assigned to this case. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ln) (Entered: 02/04/2014)
2014-03-0616ANSWER to 1 Complaint, by National Nuclear Security Administration, National Nuclear Security Administration Service Center, United States Department of Energy. Related document: 1 Complaint, filed by David B. McCoy, Citizen Action.(Lucero, Manuel) (Entered: 03/06/2014)
2014-03-1117ORDER by Magistrate Judge William P. Lynch. Status Conference set for 4/10/2014 at 10:00 AM in Las Cruces - Telephonic Hearing/Conference before Magistrate Judge William P. Lynch. (je) (Entered: 03/11/2014)
2014-04-1018Clerk's Minutes for proceedings held before Magistrate Judge William P. Lynch: Status Conference held on 4/10/2014. (je) (Entered: 04/10/2014)
2014-06-0319Joint Status Report and Briefing Schedule by National Nuclear Security Administration, National Nuclear Security Administration Service Center, United States Department of Energy (Lucero, Manuel) (Entered: 06/03/2014)
2014-06-0420ORDER by Magistrate Judge William P. Lynch ADOPTING 19 JOINT STATUS REPORT AND SETTING BRIEFING SCHEDULE as described further herein. (je) (Entered: 06/04/2014)
2014-07-1421Joint Status Report and Briefing Schedule by United States Department of Energy (Lucero, Manuel) (Entered: 07/14/2014)
2014-07-1522NOTICE by Magistrate Judge William P. Lynch. (je) (Entered: 07/15/2014)
2014-07-1523Joint MOTION to Extend (other) Modify Briefing Schedule by National Nuclear Security Administration. (Lucero, Manuel) (Entered: 07/15/2014)
2014-07-1624ORDER by Magistrate Judge William P. Lynch granting 23 Motion to Extend as further described herein. (je) (Entered: 07/16/2014)
2014-09-0925NOTICE by Citizen Action Withdrawal and Substitution of Counsel (Lavin, Amanda) (Entered: 09/09/2014)
2014-09-1126PLEASE TAKE NOTICE that this case has been reassigned to Magistrate Judge Kirtan Khalsa 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 William P Lynch no longer assigned to this case. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (iad) (Entered: 09/11/2014)
2014-09-1527First MOTION for Extension of Time to File Motion for Summary Judgement and Modify Briefing Schedule by Citizen Action. (Simmons, Nancy) (Entered: 09/15/2014)
2014-09-1628ORDER by Chief Magistrate Judge Karen B. Molzen granting 27 Motion for Extension of Time. (cda) (Entered: 09/16/2014)
2014-12-0829STIPULATION of Dismissal and Settlement between Citizen Action and by National Nuclear Security Administration, National Nuclear Security Administration Service Center, United States Department of Energy (Lucero, Manuel) (Entered: 12/08/2014)
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