Skip to content

Case Detail

[Subscribe to updates]
Case TitleRivera v. National Nuclear Security Administration et al
DistrictNorthern District of California
CityOakland
Case Number4:2019cv02515
Date Filed2019-05-09
Date Closed2021-08-03
JudgeMagistrate Judge Kandis A. Westmore
PlaintiffAnthony Rivera
Case DescriptionAnthony Rivera, a former employee at the Lawrence Livermore National Laboratory, submitted FOIA requests to the National Nuclear Security Administration for records concerning his whistleblowing claims against LLNL and the costs of the litigation. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, Rivera filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantNational Nuclear Security Administration
DefendantUS Department of Energy
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [15]
Opinion/Order [17]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-05-091COMPLAINT against All Defendants ( Filing fee $ 400, receipt number 0971-13335509.). Filed by Anthony Rivera. (Attachments: # 1 Civil Cover Sheet)(Yundt, Scott) (Filed on 5/9/2019) Modified on 5/13/2019 (jmlS, COURT STAFF). Modified on 5/23/2019 (jmlS, COURT STAFF). (Entered: 05/09/2019)
2019-05-102Case assigned to Magistrate Judge Kandis A. Westmore. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 5/24/2019. (srnS, COURT STAFF) (Filed on 5/10/2019) (Entered: 05/10/2019)
2019-05-133Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/6/2019. Initial Case Management Conference set for 8/13/2019 01:30 PM. (jmlS, COURT STAFF) (Filed on 5/13/2019) (Entered: 05/13/2019)
2019-05-234***DISREGARD. SEE DOCKET #5.*** Proposed Summons. (Yundt, Scott) (Filed on 5/23/2019) Modified on 5/24/2019 (jmlS, COURT STAFF). (Entered: 05/23/2019)
2019-05-235Proposed Summons. (Yundt, Scott) (Filed on 5/23/2019) (Entered: 05/23/2019)
2019-05-236CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Anthony Rivera.. (Yundt, Scott) (Filed on 5/23/2019) (Entered: 05/23/2019)
2019-05-247Summons Issued as to National Nuclear Security Administration, US Department of Energy, U.S. Attorney and U.S. Attorney General. (jmlS, COURT STAFF) (Filed on 5/24/2019) (Entered: 05/24/2019)
2019-05-308CERTIFICATE OF SERVICE by Anthony Rivera (Yundt, Scott) (Filed on 5/30/2019) (Entered: 05/30/2019)
2019-05-30Electronic filing error . No title Page. Certificates/Proofs of Service e-filed separately and not as an attachment, require a title page. Please refer to Civil Local Rules 3-4 re first page requirement. Document not properly linked. [err102] Please re-file in its entirety. Re: 8 Certificate of Service filed by Anthony Rivera (jmlS, COURT STAFF) (Filed on 5/30/2019) (Entered: 05/30/2019)
2019-06-129CERTIFICATE OF SERVICE by Anthony Rivera (Yundt, Scott) (Filed on 6/12/2019) (Entered: 06/12/2019)
2019-07-0310Defendants' ANSWER to Complaint byNational Nuclear Security Administration, US Department of Energy. (Wang, Jennifer) (Filed on 7/3/2019) (Entered: 07/03/2019)
2019-07-0811CLERK'S NOTICE Re: Consent or Declination: Defendants shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 7/22/2019. (dtmS, COURT STAFF) (Filed on 7/8/2019) (Entered: 07/08/2019)
2019-07-2212CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by National Nuclear Security Administration, US Department of Energy.. (Wang, Jennifer) (Filed on 7/22/2019) (Entered: 07/22/2019)
2019-08-0613JOINT CASE MANAGEMENT STATEMENT filed by National Nuclear Security Administration, US Department of Energy, and Anthony Rivera. (Wang, Jennifer) (Filed on 8/6/2019) Modified on 8/7/2019 (jjbS, COURT STAFF). (Entered: 08/06/2019)
2019-08-1314Minute Entry for proceedings held before Magistrate Judge Kandis A. Westmore: Initial Case Management Conference held on 8/13/2019. Joint Status Report due by 9/17/2019.FTR Time: 2:30-2:35. (dtmS, COURT STAFF) (Date Filed: 8/13/2019) (Entered: 08/13/2019)
2019-08-1415ORDER TO SHOW CAUSE for failure to appear at the case management conference. Plaintiff's Counsel to file Show Cause Response by 8/23/2019. Signed by Judge Kandis A. Westmore on 8/14/2019. (kawlc1, COURT STAFF) (Filed on 8/14/2019) (Entered: 08/14/2019)
2019-08-1416RESPONSE TO ORDER TO SHOW CAUSE by Anthony Rivera . (Yundt, Scott) (Filed on 8/14/2019) (Entered: 08/14/2019)
2019-08-2017ORDER discharging 15 Order to Show Cause. Signed by Judge Kandis A. Westmore on 8/20/2019. (kawlc1, COURT STAFF) (Filed on 8/20/2019) (Entered: 08/20/2019)
2019-09-1118NOTICE of Substitution of Counsel by Kenneth Warren Brakebill (Brakebill, Kenneth) (Filed on 9/11/2019) (Entered: 09/11/2019)
2019-09-1719JOINT STATUS REPORT by National Nuclear Security Administration, US Department of Energy and Anthony Rivera. (Brakebill, Kenneth) (Filed on 9/17/2019) Modified on 9/18/2019 (jjbS, COURT STAFF). (Entered: 09/17/2019)
2019-09-3020JOINT STATUS REPORT ORDER Joint Status Report due by 10/17/2019. Signed by Judge Kandis A. Westmore on 9/30/2019. (kawlc1, COURT STAFF) (Filed on 9/30/2019) (Entered: 09/30/2019)
2019-10-1721Joint Status Report filed by National Nuclear Security Administration, US Department of Energy, and Anthony Rivera. (Brakebill, Kenneth) (Filed on 10/17/2019) Modified on 10/18/2019 (jjbS, COURT STAFF). (Entered: 10/17/2019)
2019-10-2122STIPULATION WITH PROPOSED ORDER Regarding Further Joint Status Report filed by National Nuclear Security Administration, US Department of Energy and Anthony Rivera. (Brakebill, Kenneth) (Filed on 10/21/2019) Modified on 10/22/2019 (jjbS, COURT STAFF). (Entered: 10/21/2019)
2019-10-2223Order by Magistrate Judge Kandis A. Westmore granting 22 Stipulation Re Further Joint Status Report. Status Report due by 11/18/2019.(dtmS, COURT STAFF) (Filed on 10/22/2019) (Entered: 10/23/2019)
2019-11-1824JOINT STATUS REPORT filed by National Nuclear Security Administration, US Department of Energy, and Anthony Rivera. (Brakebill, Kenneth) (Filed on 11/18/2019) Modified on 11/19/2019 (jjbS, COURT STAFF). (Entered: 11/18/2019)
2019-11-1925ORDER requiring the parties to submit a proposed order, as ordered on September 30, 2019, re 24 Case Management Statement filed by US Department of Energy, National Nuclear Security Administration. Signed by Judge Kandis A. Westmore on 11/19/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kawlc1, COURT STAFF) (Filed on 11/19/2019) (Entered: 11/19/2019)
2019-11-1926STIPULATION WITH PROPOSED ORDER Regarding Further Joint Status Report re 25 Order filed by National Nuclear Security Administration, US Department of Energy, and Anthony Rivera. (Brakebill, Kenneth) (Filed on 11/19/2019) Modified on 11/20/2019 (jjbS, COURT STAFF). (Entered: 11/19/2019)
2019-11-2027Order by Magistrate Judge Kandis A. Westmore granting 26 Stipulation re Further Joint Status Report. Joint Status Report due by 1/17/2020.(dtmS, COURT STAFF) (Filed on 11/20/2019) (Entered: 11/21/2019)
2020-01-2128JOINT STATUS REPORT filed by National Nuclear Security Administration, US Department of Energy, and Anthony Rivera. (Brakebill, Kenneth) (Filed on 1/21/2020) Modified on 1/22/2020 (jjbS, COURT STAFF). (Entered: 01/21/2020)
2020-01-2229STIPULATION WITH PROPOSED ORDER re Further Joint Status Report re 28 Case Management Statement filed by National Nuclear Security Administration, US Department of Energy, and Anthony Rivera. (Brakebill, Kenneth) (Filed on 1/22/2020) Modified on 1/23/2020 (jjbS, COURT STAFF). (Entered: 01/22/2020)
2020-01-2730STIPULATION AND ORDER Regarding Further Joint Status Report signed by Magistrate Judge Kandis A. Westmore: granting 29 Stipulation. (shyS, COURT STAFF) (Filed on 1/27/2020) (Entered: 01/27/2020)
2020-02-2031STIPULATION WITH PROPOSED ORDER Regarding Further Joint Status Report filed by National Nuclear Security Administration, US Department of Energy, Anthony Rivera. (Brakebill, Kenneth) (Filed on 2/20/2020) Modified on 2/21/2020 (jjbS, COURT STAFF). (Entered: 02/20/2020)
2020-02-2532Order by Magistrate Judge Kandis A. Westmore granting 31 Stipulation re Further Joint Status Report. Status Report due by 4/30/2020.(dtmS, COURT STAFF) (Filed on 2/25/2020) (Entered: 02/25/2020)
2020-04-3033STIPULATION WITH PROPOSED ORDER Regarding Further Joint Status Report re 32 Order on Stipulation filed by National Nuclear Security Administration, US Department of Energy, and Anthony RIvera. (Brakebill, Kenneth) (Filed on 4/30/2020) Modified on 5/1/2020 (jjbS, COURT STAFF). Modified on 5/1/2020 (jjbS, COURT STAFF). (Entered: 04/30/2020)
2020-05-0634Order by Magistrate Judge Kandis A. Westmore granting 33 Stipulation re Further Joint Status Report. Status Report due by 6/30/2020.(dtmS, COURT STAFF) (Filed on 5/6/2020) (Entered: 05/06/2020)
2020-06-3035STIPULATION WITH PROPOSED ORDER Regarding Further Joint Status Report filed by National Nuclear Security Administration, US Department of Energy and Anthony Rivera. (Brakebill, Kenneth) (Filed on 6/30/2020) Modified on 7/1/2020 (jjbS, COURT STAFF). (Entered: 06/30/2020)
2020-07-0236Order by Magistrate Judge Kandis A. Westmore granting 35 Stipulation re Further Joint Status Report. Status Report due by 8/31/2020.(dtmS, COURT STAFF) (Filed on 7/2/2020) (Entered: 07/02/2020)
2020-08-3137STIPULATION WITH PROPOSED ORDER filed by National Nuclear Security Administration, US Department of Energy, Anthony Rivera. (Brakebill, Kenneth) (Filed on 8/31/2020) Modified on 9/1/2020 (bnsS, COURT STAFF). (Entered: 08/31/2020)
2020-09-0238Order by Magistrate Judge Kandis A. Westmore granting 37 Stipulation re Further Joint Status Report. Joint Status Report due by 10/30/2020.(dtmS, COURT STAFF) (Filed on 9/2/2020) (Entered: 09/02/2020)
2020-10-2839STIPULATION WITH PROPOSED ORDER REGARDING FURTHER JOINT STATUS REPORT filed by National Nuclear Security Administration, US Department of Energy, and Anthony Rivera. (Brakebill, Kenneth) (Filed on 10/28/2020) Modified on 10/28/2020 (bnsS, COURT STAFF). (Entered: 10/28/2020)
2020-10-2940STIPULATION AND ORDER REGARDING FURTHER JOINT STATUS REPORT by Magistrate Judge Kandis A. Westmore granting 39 Stipulation. Status Report due by 1/8/2021. (kcS, COURT STAFF) (Filed on 10/29/2020) (Entered: 10/29/2020)
2021-01-2241STIPULATION WITH PROPOSED ORDER REGARDING FURTHER JOINT STATUS REPORT filed by National Nuclear Security Administration, US Department of Energy, and Anthony Rivera. (Brakebill, Kenneth) (Filed on 1/22/2021) Modified on 1/25/2021 (bnsS, COURT STAFF). (Entered: 01/22/2021)
2021-01-2942Order by Magistrate Judge Kandis A. Westmore granting 41 Stipulation re Further Joint Status Report. Status Report due by 3/31/2021.(dtmS, COURT STAFF) (Filed on 1/29/2021) (Entered: 01/29/2021)
2021-04-0143STIPULATION WITH PROPOSED ORDER REGARDING FURTHER JOINT STATUS REPORT filed by National Nuclear Security Administration, US Department of Energy, and Anthony Rivera. (Brakebill, Kenneth) (Filed on 4/1/2021) Modified on 4/2/2021 (bnsS, COURT STAFF). (Entered: 04/01/2021)
2021-04-0244Order by Magistrate Judge Kandis A. Westmore granting 43 Stipulation re Joint Status Report. Status Report due by 6/4/2021.(dtmS, COURT STAFF) (Filed on 4/2/2021) (Entered: 04/02/2021)
2021-06-0245STIPULATION WITH PROPOSED ORDER REGARDING FURTHER JOINT STATUS REPORT filed by National Nuclear Security Administration, US Department of Energy. (Brakebill, Kenneth) (Filed on 6/2/2021) (Entered: 06/02/2021)
2021-06-0446ORDER by Magistrate Judge Kandis A. Westmore Granting 45 STIPULATION REGARDING FURTHER JOINT STATUS REPORT.Joint Status Report due by 8/6/2021.(amgS, COURT STAFF) (Filed on 6/4/2021) (Entered: 06/04/2021)
2021-07-2747STIPULATION WITH PROPOSED ORDER OF SETTLEMENT AND DISMISSAL WITH PREJUDICE filed by National Nuclear Security Administration, US Department of Energy. (Brakebill, Kenneth) (Filed on 7/27/2021) (Entered: 07/27/2021)
2021-08-0348ORDER (AS MODIFIED) by Magistrate Judge Kandis A. Westmore granting 47 Stipulation of Settlement and Dismissal with prejudice: The Clerk of Court shall close this case. (ig, COURT STAFF) (Filed on 8/3/2021) (Entered: 08/03/2021)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar