Case Detail

FOIA Project Annotation: Judge Reggie Walton has ruled that Martin Pfeiffer, a Ph.D. student in anthropology at the University of New Mexico, working on his dissertation research on nuclear semiotics across time and locations, as well as nuclear weapon history, is entitled to inclusion in the educational institution preferential fee category for five FOIA requests he made to the National Nuclear Security Administration for records concerning a variety of NNSA topics. For each request, Pfeiffer told the agency that he was entitled to a reduced fee status because he was a representative of the new media and that he was a Ph.D. student at the University of New Mexico and his requests were in furtherance of his course studies. In response to each request, NNSA asked for further information to justify his claim that he deserved inclusion in the preferential fee category. In response, Pfeiffer explained that his requests were made in pursuance of his course studies and that he would disseminate the information to interested segments of the public through his freely accessible online data archive. Instead, NNSA denied Pfeiffer's request for inclusion in the preferential fee categories and concluded that he was a commercial requester because he charged fees for access to his online archive. Pfeiffer filed an administrative appeal of the denial of his fee category requests. The Office of Hearings and Appeals upheld the original denial, concluding that Pfeiffer had failed to show how the requests related to his course work or how he would disseminate the information to the public. Pfeiffer then filed suit. Relying on Sack v. Dept of Defense, 823 F.3d 687 (D.C. Cir. 2016), in which the D.C. Circuit decided that the language in the educational institution preferential fee provision allowed a student to claim its benefits if he or she could show that the request was in furtherance of their studies, Walton agreed that Pfieffer had provided sufficient evidence that he qualified under the preferential fee provision. Walton indicated that "to provide his scholarly connection in relation to the five FOIA requests at issue in this case, the plaintiff provided various forms of documentation demonstrating his scholarly pursuits. For example, the plaintiff submitted a letter from a professor supporting the plaintiff's FOIA requests generally and confirming the areas of the plaintiff's research. Additionally, the plaintiff provided a copy of his curriculum vitae, as well as his dissertation proposal, to further connect his scholarly research to the requested FOIA records. The Department insists that these submissions are too vague to assist the agency in determining the plaintiff's true intentions with the requested records, but these submissions are beyond sufficient to demonstrate the plaintiff's qualifications as an educational institution requester." The Department said it rejected the professor's letter because it predated the disputed requests. However, Walton pointed out that "because the plaintiff has made â€" and continues to make â€" various FOIA requests pertaining to the areas of his PhD research, the Court is not persuaded by the defendant's argument that a new, detailed letter from a professor must relate to each and every individual FOIA request made in connection with the plaintiff's broader educational endeavor as a PhD candidate. Furthermore, the plaintiff's curriculum vitae shows that he has researched, written an extensive number of articles, and conducted many presentations about the anthropology and history of nuclear power." Walton also rejected the agency's finding that Pfeiffer was a commercial requester because he sometimes tried to collect fees for accessing his online archive. Instead, Walton noted that "the Court agrees with plaintiff that he could not have made it clearer that his primary intention for use of the records is for scholarly purposes and that he has denied any intention to sell the records or provide them solely for viewers that must pay a fee for access, as would be required on the Plaintiff's webpage."
Issues: Fee Category - Media or Educational

Date Filed	Doc #	Docket Text
2020-10-12	1	COMPLAINT for Declaratory and Injunctive Relief against UNITED STATES DEPARTMENT OF ENERGY ( Filing fee $ 400 receipt number ADCDC-7703083) filed by MARTIN PFEIFFER. (Attachments: # 1 Civil Cover Sheet, # 2 Summons DOE, # 3 Summons AG, # 4 Summons USAO)(Sobel, David) (Entered: 10/12/2020)
2020-10-13		Case Assigned to Judge Reggie B. Walton. (zmd) (Entered: 10/13/2020)
2020-10-13	2	SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF ENERGY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent) (zmd) (Entered: 10/13/2020)
2020-11-11	3	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/3/2020. Answer due for ALL FEDERAL DEFENDANTS by 12/3/2020. Date of Service Upon United States Attorney General on 11/3/2020. (Attachments: # 1 Affidavit of Mailing)(Sobel, David) Modified text and event on 11/12/2020 (ztth). (Entered: 11/11/2020)
2020-11-12	4	GENERAL ORDER FOR CIVIL CASES BEFORE THE HONORABLE REGGIE B. WALTON. Signed by Judge Reggie B. Walton on November 12, 2020. (lcrbw2) (Entered: 11/12/2020)
2020-12-03	5	ANSWER to Complaint by UNITED STATES DEPARTMENT OF ENERGY.(Truong, John) (Entered: 12/03/2020)
2020-12-16		MINUTE ORDER. To ensure the expeditious resolution of this action, and because this qualifies as an exempted case under Local Rule 16.3(b), it is hereby ORDERED that the parties shall file a joint proposed briefing schedule governing the filing of dispositive motions on or before January 15, 2021. Signed by Judge Reggie B. Walton on December 16, 2020. (lcrbw2) (Entered: 12/16/2020)
2020-12-16		Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 1/15/2021 (hs) (Entered: 12/16/2020)
2021-01-15	6	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY. (Truong, John) (Entered: 01/15/2021)
2021-01-25		MINUTE ORDER. Upon consideration of the parties' 6 Joint Status Report, and for good cause shown, it is hereby ORDERED that the defendant shall file its motion for summary judgment on or before March 1, 2021. It is further ORDERED that the plaintiff shall file its combined opposition to the defendant's motion for summary judgment and cross-motion for summary judgment on or before April 1, 2021. It is further ORDERED that the defendant shall file its combined opposition to the plaintiff's cross-motion for summary judgment and reply in support of its motion for summary judgment on or before May 1, 2021. It is further ORDERED that the plaintiff shall file its reply in support of its cross-motion for summary judgment on or before May 15, 2021. It is further ORDERED that the parties shall appear before the Court for a status conference on September 6, 2021, at 10:00 a.m., which will serve as a target date for the resolution of the parties' summary judgment motions. Signed by Judge Reggie B. Walton on January 25, 2021. (lcrbw2) (Entered: 01/25/2021)
2021-01-26		Set/Reset Deadlines/Hearings: Summary Judgment motions due by 3/1/2021. Response to Motion for Summary Judgment due by 4/1/2021. Reply to Motion for Summary Judgment due by 5/1/2021. Status Conference set for 9/6/2021 at 10:00 AM by Telephonic/VTC before Judge Reggie B. Walton. (hs) (Entered: 01/26/2021)
2021-02-22	7	Consent MOTION to Modify January 25, 2021 Scheduling Order by UNITED STATES DEPARTMENT OF ENERGY. (Truong, John) (Entered: 02/22/2021)
2021-03-04		MINUTE ORDER. Upon consideration of the defendant's 7 Consent Motion to Modify Scheduling Order, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the defendant shall file its motion for summary judgment on or before March 8, 2021. It is further ORDERED that the plaintiff shall file its combined opposition to the defendant's motion for summary judgment and cross-motion for summary judgment on or before April 8, 2021. It is further ORDERED that the defendant shall file its combined opposition to the plaintiff's cross-motion for summary judgment and reply in support of its motion for summary judgment on or before May 10, 2021. It is further ORDERED that the plaintiff shall file its reply in support of its cross-motion for summary judgment on or before May 24, 2021. Signed by Judge Reggie B. Walton on March 4, 2021. (lcrbw2) (Entered: 03/04/2021)
2021-03-04		Set/Reset Deadlines: Summary Judgment motion due by 3/8/2021. Response to Motion for Summary Judgment/Cross Motion due by 4/8/2021. Reply to Motion for Summary Judgment due by 5/10/2021. (hs) (Entered: 03/04/2021)
2021-03-08	8	MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF ENERGY. (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration of Delilah M. Perez, # 4 Exhibit A to E, # 5 Exhibit F to J, # 6 Exhibit K to O, # 7 Exhibit P to T, # 8 Exhibit U, # 9 Exhibit V, # 10 Exhibit W)(Truong, John) (Entered: 03/08/2021)
2021-04-02	9	Consent MOTION for Extension of Time to File Response/Reply as to 8 MOTION for Summary Judgment (Amendment of Briefing Schedule) by MARTIN PFEIFFER. (Attachments: # 1 Text of Proposed Order)(Sobel, David) (Entered: 04/02/2021)
2021-04-07		MINUTE ORDER. Upon consideration of the plaintiff's 9 Consent Motion to Amend Briefing Schedule, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the plaintiff shall file its combined opposition to the defendant's motion for summary judgment and cross-motion for summary judgment on or before April 22, 2021. It is further ORDERED that the defendant shall file its combined opposition to the plaintiff's cross-motion for summary judgment and reply in support of its motion for summary judgment on or before May 24, 2021. It is further ORDERED that the plaintiff shall file its reply in support of its cross-motion for summary judgment on or before June 7, 2021. Signed by Judge Reggie B. Walton on April 7, 2021. (lcrbw2) (Entered: 04/07/2021)
2021-04-08		Set/Reset Deadlines: Cross Motions due by 4/22/2021. Response to Cross Motions due by 5/24/2021. Reply to Cross Motions due by 6/7/2021. Response to Motion for Summary Judgment due by 4/22/2021. Reply to Motion for Summary Judgment due by 5/24/2021. (hs) (Entered: 04/08/2021)
2021-04-22	10	Memorandum in opposition to re 8 MOTION for Summary Judgment filed by MARTIN PFEIFFER. (Attachments: # 1 Statement of Facts, # 2 Declaration of Mason Kortz, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Text of Proposed Order)(Sobel, David) (Entered: 04/22/2021)
2021-04-22	11	Cross MOTION for Summary Judgment by MARTIN PFEIFFER. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Mason Kortz, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Text of Proposed Order)(Sobel, David) (Entered: 04/22/2021)
2021-05-24	12	Consent MOTION for Extension of Time to File Response/Reply by UNITED STATES DEPARTMENT OF ENERGY. (Truong, John) (Entered: 05/24/2021)
2021-05-25		MINUTE ORDER. Upon consideration of the defendant's 12 Consent Motion for an Extension of Time, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that, on or before May 26, 2021, the defendant shall file its combined opposition to the plaintiff's cross-motion for summary judgment and reply in support of its motion for summary judgment. Signed by Judge Reggie B. Walton on May 25, 2021. (lcrbw2) (Entered: 05/25/2021)
2021-05-26	13	REPLY to opposition to motion re 8 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF ENERGY. (Attachments: # 1 Statement of Facts)(Truong, John) (Entered: 05/26/2021)
2021-05-26	14	Memorandum in opposition to re 11 Cross MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF ENERGY. (Attachments: # 1 Statement of Facts)(Truong, John) (Entered: 05/26/2021)
2021-06-03	15	Consent MOTION for Extension of Time to File Response/Reply as to 11 Cross MOTION for Summary Judgment by MARTIN PFEIFFER. (Attachments: # 1 Text of Proposed Order)(Sobel, David) (Entered: 06/03/2021)
2021-06-08		MINUTE ORDER. Upon consideration of the plaintiff's 15 Consent Motion to Amend Briefing Schedule, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that, on or before June 11, 2021, the plaintiff shall file its reply in support of its cross-motion for summary judgment. Signed by Judge Reggie B. Walton on June 8, 2021. (lcrbw2) (Entered: 06/08/2021)
2021-06-08		Set/Reset Deadlines: Reply in support of Cross Motions due by 6/11/2021. (hs) (Entered: 06/08/2021)
2021-06-11	16	REPLY to opposition to motion re 11 Cross MOTION for Summary Judgment filed by MARTIN PFEIFFER. (Sobel, David) (Entered: 06/11/2021)
2021-06-22		MINUTE ORDER. The Court requiring additional time to consider the parties' motions for summary judgment, it is hereby ORDERED that the status conference scheduled on September 6, 2021, at 10:00 a.m. is CONTINUED to December 3, 2021, at 10:30 a.m., which will serve as a target date for the resolution of the parties' summary judgment motions. Signed by Judge Reggie B. Walton on June 22, 2021. (lcrbw2) (Entered: 06/22/2021)
2021-06-22		Set/Reset Hearings: Status Conference reset for 12/3/2021 at 10:30 AM by Telephonic/VTC before Judge Reggie B. Walton. (hs) (Entered: 06/22/2021)
2021-12-01		MINUTE ORDER. The Court requiring additional time to consider the parties' motions for summary judgment, it is hereby ORDERED that the status conference scheduled for December 3, 2021, is CONTINUED to March 7, 2022, at 9:30 a.m., which will serve as a target date for the resolution of the parties' summary judgment motions. Signed by Judge Reggie B. Walton on December 1, 2021. (lcrbw2) (Entered: 12/01/2021)
2021-12-01		Set/Reset Hearings: Status Conference reset for 3/7/2022 at 09:30 AM by Telephonic/VTC before Judge Reggie B. Walton. (adh) (Entered: 12/01/2021)
2022-03-02		MINUTE ORDER. The Court requiring additional time to consider the parties' motions for summary judgment, it is hereby ORDERED that the status conference scheduled for March 7, 2022, is CONTINUED to June 6, 2022, at 9:00 a.m., which will serve as a target date for the resolution of the parties' summary judgment motions. Signed by Judge Reggie B. Walton on March 2, 2022. (lcrbw2) (Entered: 03/02/2022)
2022-03-03		Set/Reset Hearings: Status Conference reset for 6/6/2022 at 09:00 AM by Telephonic/VTC before Judge Reggie B. Walton. (adh, ) (Entered: 03/03/2022)
2022-06-03		MINUTE ORDER. The Court requiring additional time to consider the parties' motions for summary judgment, it is hereby ORDERED that the status conference scheduled for June 6, 2022, is CONTINUED to June 28, 2022, at 9:00 a.m. Signed by Judge Reggie B. Walton on June 3, 2022. (lcrbw2) (Entered: 06/03/2022)
2022-06-06		Set/Reset Hearings: Status Conference CONTINUED to 6/28/2022, at 9:00 AM via telephone before Judge Reggie B. Walton. (ztg) (Entered: 06/06/2022)
2022-06-24		MINUTE ORDER. The Court anticipating that it will, absent extraordinary circumstances, issue its written decision regarding the pending motions in this case within the next seven days, it is hereby ORDERED that the status conference scheduled for June 28, 2022, is VACATED. Signed by Judge Reggie B. Walton on June 24, 2022. (lcrbw2) (Entered: 06/24/2022)
2022-06-27	17	MEMORANDUM OPINION. Signed by Judge Reggie B. Walton on June 27, 2022. (lcrbw2) (Entered: 06/27/2022)
2022-06-27	18	ORDER. In accordance with the Memorandum Opinion issued on this same date, it is hereby ORDERED that the 8 Defendant's Motion for Summary Judgment is DENIED. It is further ORDERED that the 11 Plaintiff's Cross-Motion for Summary Judgment is GRANTED IN PART AND DENIED IN PART. The plaintiff's motion is GRANTED insofar as it seeks summary judgment on the issue of his entitlement to a FOIA fee waiver as a non-commercial educational requester as to the FOIA requests at issue. The motion plaintiff's motion is DENIED in all other respects. It is further ORDERED that, on July 19, 2022, at 10:00 a.m., the parties shall appear before the Court for a status conference, via teleconference, by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). Signed by Judge Reggie B. Walton on June 27, 2022. (lcrbw2) (Entered: 06/27/2022)
2022-06-29		Set/Reset Deadlines/Hearings: Status Conference set for 7/19/2022 at 10:00 AM via teleconference before Judge Reggie B. Walton. (zcdw) (Entered: 06/29/2022)
2022-07-01	19	MOTION for Extension of Time to Petition for Attorney's Fees and Costs by MARTIN PFEIFFER. (Attachments: # 1 Text of Proposed Order)(Sobel, David) (Entered: 07/01/2022)
2022-07-06	20	ORDER. In accordance with the attached Order, it is hereby ORDERED that the 19 Plaintiff's Motion to Toll Time to File Petition for Award of Fees and Costs is GRANTED IN PART AND DENIED IN PART. The plaintiff's motion is GRANTED insofar that it seeks to have any applicable deadlines vacated pending the July 19, 2022 telephonic status conference. The plaintiff's motion is DENIED in all other respects. Signed by Judge Reggie B. Walton on July 6, 2022. (lcrbw2) (Entered: 07/06/2022)
2022-07-19		Minute Entry for proceedings held Telephonically before Judge Reggie B. Walton: Status Conference held on 7/19/2022. Parties Updated The Court On The Current Posture Of This Case. Parties Will Submit Status Report To The Court by 8/31/2022. Further Status Conference set for 9/6/2022 at 9:30 AM in Telephonic/VTC before Judge Reggie B. Walton. (Court Reporter CATHRYN JONES.) (mac) (Entered: 07/19/2022)
2022-07-19	21	ORDER. In accordance with the attached Order, it is hereby ORDERED that, on or before August 31, 2022, the parties shall submit a joint status report regarding how they wish to proceed in this case. It is further ORDERED that, on September 6, 2022, at 9:30 a.m., the parties shall appear before the Court for a status conference, via teleconference, by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). Signed by Judge Reggie B. Walton on July 19, 2022. (lcrbw2) (Entered: 07/19/2022)
2022-07-25	22	MOTION for Reconsideration by UNITED STATES DEPARTMENT OF ENERGY. (Truong, John) (Entered: 07/25/2022)
2022-07-25	23	NOTICE Re Local Civil Rule 7(m) by UNITED STATES DEPARTMENT OF ENERGY (Truong, John) (Entered: 07/25/2022)
2022-08-05	24	Memorandum in opposition to re 22 Motion for Reconsideration filed by MARTIN PFEIFFER. (Sobel, David) (Entered: 08/05/2022)
2022-08-09	25	Consent MOTION for Extension of Time to file Reply by UNITED STATES DEPARTMENT OF ENERGY. (Truong, John) (Entered: 08/09/2022)
2022-08-12		MINUTE ORDER. Upon consideration of the defendant's 25 Consent Motion for an Extension of Time, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that, on or before August 16, 2022, the defendant shall file its reply in support of its motion for reconsideration. Signed by Judge Reggie B. Walton on August 12, 2022. (lcrbw2) (Entered: 08/12/2022)
2022-08-12		Set/Reset Deadlines: Defendant Reply In Support Of Its Motion For Reconsideration due by 8/16/2022. (mac) (Entered: 08/12/2022)
2022-08-16	26	REPLY to opposition to motion re 22 MOTION for Reconsideration filed by UNITED STATES DEPARTMENT OF ENERGY. (Truong, John) (Entered: 08/16/2022)
2022-08-31	27	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY. (Truong, John) (Entered: 08/31/2022)
2022-09-02		MINUTE ORDER. In light of the parties' 27 Joint Status Report, it is hereby ORDERED that the status conference scheduled for September 6, 2022, is CONTINUED to December 1, 2022, at 10:00 a.m. The parties shall appear before the Court via teleconference, by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). This status conference will serve as a target date for the resolution of the defendant's pending motion for reconsideration. In the event that the Court is unable to resolve the motion by this date, the parties will be advised in advance that the status conference will be continued to a later date. Signed by Judge Reggie B. Walton on September 2, 2022. (lcrbw2) (Entered: 09/02/2022)
2022-09-03		Set/Reset Deadlines/Hearings: Status Conference set for 12/1/2022 at 10:00 AM via teleconference before Judge Reggie B. Walton. (zcdw) (Entered: 09/03/2022)
2022-11-22		MINUTE ORDER. The Court requiring additional time to consider the pending motion for reconsideration in this case, it is hereby ORDERED that the status conference currently scheduled for December 1, 2022, is CONTINUED to March 1, 2023, at 10:00 a.m. The parties shall appear before the Court via teleconference, by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). This status conference will serve as a target date for the resolution of the defendant's pending motion for reconsideration. In the event that the Court is unable to resolve the motion by this date, the parties will be advised in advance that the status conference will be continued to a later date. Signed by Judge Reggie B. Walton on November 22, 2022. (lcrbw2) (Entered: 11/22/2022)
2023-02-27		MINUTE ORDER. The Court requiring additional time to consider the pending motion for reconsideration in this case, it is hereby ORDERED that the status conference currently scheduled for March 1, 2023, is CONTINUED to June 1, 2023, at 9:00 a.m. The parties shall appear before the Court, via teleconference, by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). This status conference will serve as a target date for the resolution of the defendant's pending motion for reconsideration. In the event that the Court is unable to resolve the motion by this date, the parties will be advised in advance that the status conference will be continued to a later date. Signed by Judge Reggie B. Walton on February 27, 2023. (lcrbw2) (Entered: 02/27/2023)
2023-03-14	28	MOTION to Expedite Proceedings by MARTIN PFEIFFER. (Sobel, David) (Entered: 03/14/2023)
2023-03-16	29	NOTICE of Defendant's Position by UNITED STATES DEPARTMENT OF ENERGY re 28 Motion to Expedite (Truong, John) (Entered: 03/16/2023)
2023-03-31	30	ORDER. For the reasons to be set forth in the Memorandum Opinion to be issued by the Court within the next sixty days, absent extraordinary circumstances, the Court will deny the defendant's motion for reconsideration. Accordingly, it is hereby ORDERED that the 22 Defendant's Motion for Reconsideration is DENIED. It is further ORDERED that this Order is not a final Order subject to appeal. Signed by Judge Reggie B. Walton on March 31, 2023. (lcrbw2) (Entered: 03/31/2023)
2023-05-26		MINUTE ORDER. In light of the Court's forthcoming Memorandum Opinion and Order in this case, it is hereby ORDERED that the status conference scheduled for June 1, 2023, is VACATED. Signed by Judge Reggie B. Walton on May 26, 2023. (lcrbw2) (Entered: 05/26/2023)
2023-06-01	31	ORDER. In accordance with the attached Order, it is hereby ORDERED that the Court's June 27, 2022 18 Order is MODIFIED as follows: Judgment is ENTERED for the plaintiff as to his claim that he is entitled to a FOIA fee waiver as a non-commercial educational institution requester with respect to the five FOIA requests at issue in this case. Signed by Judge Reggie B. Walton on June 1, 2023. (lcrbw2) (Entered: 06/01/2023)
2023-06-08	32	Consent MOTION for Extension of Time to File Petition for Attorneys' Fees by MARTIN PFEIFFER. (Attachments: # 1 Text of Proposed Order)(Sobel, David) (Entered: 06/08/2023)
2023-06-23		MINUTE ORDER. Upon consideration of the 32 Plaintiff's Motion to Enlarge Time to File Petition for Award of Fees and Costs, and for good cause shown, it is hereby ORDERED that the 32 Plaintiff's Motion to Enlarge Time to File Petition for Award of Fees and Costs is GRANTED. It is further ORDERED that, on or before August 14, 2023, the plaintiff shall file his motion for an award of attorney's fees and costs. Signed by Judge Reggie B. Walton on June 23, 2023. (lcrbw2) (Entered: 06/23/2023)
2023-07-07	33	MEMORANDUM OPINION. Signed by Judge Reggie B. Walton on July 7, 2023. (lcrbw2) (Entered: 07/07/2023)
2023-07-07	34	ORDER. In accordance with the attached Order, it is hereby ORDERED that the 22 Defendant's Motion for Reconsideration is DENIED. It is further ORDERED that the 28 Plaintiff's Motion for Expedited Proceedings is DENIED AS MOOT. It is further ORDERED that, in light of the Court's entry of final judgment in this case, see 31 Order at 2 (June 1, 2023) (modifying the Court's June 27, 2022 Order to enter judgment for the plaintiff), this case is CLOSED. Signed by Judge Reggie B. Walton on July 7, 2023. (lcrbw2) (Entered: 07/07/2023)
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