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Case TitleIrwin v. National Nuclear Security Administration
DistrictEastern District of Tennessee
CityKnoxville
Case Number3:2023cv00451
Date Filed2023-12-18
Date Closed2024-07-10
JudgeDistrict Judge Travis R McDonough
PlaintiffLawrence Irwin
Case DescriptionLawrence Irwin submitted a FOIA request to the National Nuclear Security Administration for records concerning a complaint filed against him for leaving weapons unattended at an agency firing range. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Irwin filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantNational Nuclear Security Administration a division of The Department of Energy
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-12-181COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ATNEDC-5548662.), filed by Lawrence Irwin. (Attachments: # 1 Exhibit A, # 2 Other Civil Cover Sheet)(Egli, Russell) (Entered: 12/18/2023)
2023-12-182SUPPLEMENT to 1 Complaint Summons Department of Energy by Lawrence Irwin. (Egli, Russell) (Entered: 12/18/2023)
2023-12-183SUPPLEMENT to 1 Complaint Supplement Exhibit A by Lawrence Irwin. (Egli, Russell) (Entered: 12/18/2023)
2023-12-19District Judge Travis R McDonough and Magistrate Judge Debra C Poplin added. (ABF) (Entered: 12/19/2023)
2023-12-194Summons Issued as to National Nuclear Security Administration. (ABF) (Entered: 12/19/2023)
2023-12-195Order Governing Depositions. Signed by District Judge Travis R McDonough on 12/19/23. (ABF) (Entered: 12/19/2023)
2023-12-196Order Governing Motions To Dismiss. Signed by District Judge Travis R McDonough on 12/19/23. (ABF) (Entered: 12/19/2023)
2023-12-197Order Governing Sealing Confidential Information. Signed by District Judge Travis R McDonough on 12/19/23. (ABF) (Entered: 12/19/2023)
2024-03-148SUMMONS Returned Executed by Lawrence Irwin. National Nuclear Security Administration served on 1/22/2024. (Attachments: # 1 Exhibit Return receipt)(Egli, Russell) (Entered: 03/14/2024)
2024-04-019MEMORANDUM OPINION : The Court hereby ORDERS Plaintiff to SHOWCAUSE on or before April 10, 2024 , as to why this action should not be dismissed for failure to serve. Signed by District Judge Travis R McDonough on 4/1/2024. (AWS) (Entered: 04/01/2024)
2024-04-0510RESPONSE TO ORDER TO SHOW CAUSE by Lawrence Irwin. (Egli, Russell) (Entered: 04/05/2024)
2024-04-1611ORDER: The Court GRANTS Plaintiff's request for extension and ORDERS that Plaintiff shall serve Defendant on or before May 20, 2024. Nevertheless, Plaintiff is ON NOTICE that any future request for extension must be filed before the expiration of the relevant deadline or will not be favorably considered by the Court. Signed by District Judge Travis R McDonough on 4/16/2024. (AWS) (Entered: 04/16/2024)
2024-04-1612SUPPLEMENT to 11 Order, 1 Complaint, 10 Response to Order to Show Cause by Lawrence Irwin. (Egli, Russell) (Entered: 04/16/2024)
2024-04-1713Summons Issued as to U.S. Attorney General (ABF) (Entered: 04/17/2024)
2024-04-1714SUPPLEMENT to 1 Complaint Exhibit A corrected by Lawrence Irwin. (Egli, Russell) (Entered: 04/17/2024)
2024-06-1115ORDER TO SHOW CAUSE: Irwin is hereby ORDERED to file a response on or before June 21, 2024, showing good cause as to why this action should not be dismissed without prejudice pursuant to Federal Rule of Civil Procedure 4(m). Irwin is hereby ON NOTICE that failure to show cause by the date specified will result in this action being dismissed without prejudice for failure to prosecute. Signed by District Judge Travis R McDonough on 6/11/24. (GRE) (Entered: 06/11/2024)
2024-06-1116RESPONSE TO ORDER TO SHOW CAUSE by Lawrence Irwin. (Attachments: # 1 Exhibit Collective A)(Egli, Russell) (Entered: 06/11/2024)
2024-06-1417ORDER TO SHOW CAUSE. Irwin is hereby ORDERED to serve Defendant on or before 6/28/2024 . Given this is the Courts third show cause order issued on account of ineffective service, it is unlikely to afford Irwin additional opportunities to comply with Rule 4. Signed by District Judge Travis R McDonough on 6/14/2024. (DCB) (Entered: 06/14/2024)
2024-07-1018ORDER. The Court has granted Plaintiff an appropriate extension and Plaintiff has failed to serve Defendants as required by the Federal Rules of Civil Procedure and has, most recently, failed to provide an explanation for that failure. Accordingly, this action is hereby DISMISSED WITHOUT PREJUDICE pursuant to Federal Rule of Civil Procedure 4(m). Signed by District Judge Travis R McDonough on 7/10/2024. (DCB) (Entered: 07/10/2024)
2024-07-1019JUDGMENT re 18 Order. Consistent with the contemporaneously filed memorandum and order, this action is hereby DISMISSED WITHOUT PREJUDICE. The Clerk is DIRECTED to close the file. Signed by District Judge Travis R McDonough on 7/10/2024. (DCB) (Entered: 07/10/2024)
2024-08-1620MOTION to Vacate 12 Supplement, 13 Summons Issued as to USA, 11 Order, 8 Summons Returned Executed as to USA, 19 Judgment, 9 Order to Show Cause, 15 Order to Show Cause, 16 Response to Order to Show Cause, 14 Supplement, 17 Order to Show Cause, 18 Order, 10 Response to Order to Show Cause by Lawrence Irwin. (Attachments: # 1 Exhibit Coll. Exh. A)(Egli, Russell) (Entered: 08/16/2024)
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by FOIA Project Staff
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