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Case TitleDicus v. O'Malley
DistrictDistrict of Arizona
CityPhoenix Division
Case Number2:2024cv00327
Date Filed2024-02-16
Date Closed2024-12-19
JudgeSenior District Judg G Murray Snow
PlaintiffKathryn Dicus
Case DescriptionKathryn Dicus submitted a FOIA request to the Social Security Administration for records concerning Robert Keith James Gordon, a consultive examiner. The agency acknowledged receipt of the request. The agency issued a Glomar response neither confirming nor denying the existence of records. Dicus then filed suit.
Complaint issues: Litigation - Recovery of Costs

DefendantMartin O'Malley named as: Martin O'Malley, Social Security Administration
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-02-161COMPLAINT. Filing fee received: $405.00, receipt number AAZDC-22762035 filed by Kathryn Dicus. (submitted by Kathryn Dicus) (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Civil Cover Sheet)(REK) (Entered: 02/16/2024)
2024-02-162SUMMONS Submitted by Kathryn Dicus. (submitted by Kathryn Dicus) (Attachments: # 1 Summons, # 2 Summons)(REK) (Entered: 02/16/2024)
2024-02-163Filing fee paid, receipt number AAZDC-22762035. This case has been assigned to the Honorable G Murray Snow. All future pleadings or documents should bear the correct case number: CV-24-00327-PHX-GMS. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REK) (Entered: 02/16/2024)
2024-02-164Summons Issued as to Martin O'Malley, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Summons, # 2 Summons)(REK) (Entered: 02/16/2024)
2024-02-165ORDER/NOTICE directing the Clerk of Court to terminate any or all Defendants in this matter, without further notice, that have not been served within the time required by Fed. R. Civ. P. 4(m) on May 17, 2024. Signed by Chief Judge G Murray Snow on 2/16/24. (KLG) (Entered: 02/16/2024)
2024-02-166ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See attached Order for complete details. Signed by Chief Judge G Murray Snow on 2/16/24. (KLG) (Entered: 02/16/2024)
2024-03-227First MOTION for Extension of Time to File Answer as to 1 Complaint by Martin O'Malley. (Attachments: # 1 Proposed Order)(Heathcotte, Brock) *Modified to correct motion type and text on 3/22/2024 (KLG). (Entered: 03/22/2024)
2024-03-228ORDER granting Defendant's Motion 7 . IT IS FURTHER ORDERED extending Defendant's responsive pleading deadline to and including April 24, 2024. There will be no further extension. Signed by Chief Judge G Murray Snow on 3/22/24. (KLG) (Entered: 03/22/2024)
2024-04-249MOTION to Dismiss for Failure to State a Claim by Martin O'Malley. (Attachments: # 1 Exhibit A)(Heathcotte, Brock) (Entered: 04/24/2024)
2024-05-2010RESPONSE to Motion re: 9 MOTION to Dismiss for Failure to State a Claim filed by Kathryn Dicus. (Dicus, Kathryn) (Entered: 05/20/2024)
2024-06-0311REPLY to Response to Motion re: 9 MOTION to Dismiss for Failure to State a Claim filed by Martin O'Malley. (Heathcotte, Brock) (Entered: 06/03/2024)
2024-11-2612ORDER Setting Oral Argument on 9 Motion to Dismiss for Failure to State a Claim for 12/20/2024 at 1:30 PM in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge G Murray Snow. Signed by Senior Judge G Murray Snow on 11/26/24. (DXD) (Entered: 11/26/2024)
2024-12-1913ORDER - In advance of the oral argument on December 20, 2024, the Court wishes to provide the parties with its tentative ruling. The point of providing it beforehand is to streamline oral argument and enhance the parties' ability to address any perceived errors in the Court's tentative analysis. This is not an invitation to submit additional evidence or briefing. Simultaneous with the filing of this Order, counsel shall receive an email attaching the tentative ruling. Signed by Senior District Judge G Murray Snow on 12/19/24. (DXD) (Entered: 12/19/2024)
2024-12-1914NOTICE of Voluntary Dismissal by Kathryn Dicus. (Attachments: # 1 Proposed Order)(Dicus, Kathryn) (Entered: 12/19/2024)
2024-12-1915ORDER that, in light of Plaintiff's Notice of Voluntary Dismissal (Doc. 14 ), the Clerk of Court is directed to enter a dismissal of this case with prejudice. FURTHER ORDERED vacating the December 20, 2024 oral argument and denying as moot Defendant's Motion to Dismiss (Doc. 9 ). Signed by Senior District Judge G Murray Snow on 12/19/24. (MAP) (Entered: 12/19/2024)
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