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Case TitleMilitary Religious Freedom Foundation v. United States Air Force Academy et al
DistrictDistrict of New Mexico
CityAlbuquerque
Case Number1:2015cv01008
Date Filed2015-11-05
Date Closed2017-01-26
JudgeMagistrate Judge Karen B. Molzen
PlaintiffMilitary Religious Freedom Foundation
Case DescriptionThe Military Religious Freedom Foundation submitted a FOIA request to the Air Force Academy for records concerning itself and various members. The Academy responded nine months later by disclosing 1,000 pages, many of them redacted under Exemption 6 (invasion of privacy). About six months later, the Academy indicated it had located another 7,216 pages, of which it had reviewed 3,173 pages, all of which were being withheld under Exemption 6. The Foundation appealed the Academy's decision, but after hearing nothing further from the agency, the Foundation filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantUnited States Air Force Academy
DefendantDepartment of the Air Force
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-11-051COMPLAINT for Injunctive Relief And Disclosure of Documents against All Defendants ( Filing Fee - Online Payment), filed by The Military Religious Freedom Foundation. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7)(Ward, Vincent) (Entered: 11/05/2015)
2015-11-05Filing and Administrative Fees Received: $ 400 receipt number 1084-4294551 re 1 Complaint, filed by The Military Religious Freedom Foundation (Payment made via Pay.gov)(Ward, Vincent) (Entered: 11/05/2015)
2015-11-05U.S. Magistrate Judge Karen B. Molzen and U.S. Magistrate Judge Kirtan Khalsa assigned. (iam) (Entered: 11/05/2015)
2015-11-052PLEASE TAKE NOTICE that this case has been randomly assigned to 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.nmd.uscourts.gov for more information and instructions. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (iam) (Entered: 11/05/2015)
2015-11-06Summons Issued as to Department of the Air Force, United States Air Force Academy. (med) (Entered: 11/06/2015)
2015-11-173NOTICE of Appearance by Manuel Lucero on behalf of All Defendants (Lucero, Manuel) (Entered: 11/17/2015)
2015-11-194INITIAL SCHEDULING ORDER: by Magistrate Judge Kirtan Khalsa. Joint Status Report due by 1/22/2016. Scheduling Conference set for 2/2/2016 at 01:30 PM in Albuquerque - 630 Judge Kirtan Khalsa Chambers before Magistrate Judge Kirtan Khalsa. Unless otherwise notified by the Clerk or the Court a notice of consent or non-consent for this case to proceed before the trial Magistrate Judge should be submitted by each party no later than 12/10/2015. (kc) (Entered: 11/19/2015)
2015-11-205ORDER by Magistrate Judge Kirtan Khalsa Vacating Initial Scheduling Order. The parties will meet and confer by December 15, 2015, and submit a briefing schedule within ten (10) days of their meet-and-confer. THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. (kc) (Entered: 11/20/2015)
2015-11-236NOTICE OF IMPENDING REASSIGNMENT by Chief Magistrate Judge Karen B. Molzen. Consents due 12/16/2015. (mlt) (Entered: 11/23/2015)
2015-11-237CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Military Religious Freedom Foundation voluntarily consent(s) to have United States Magistrate Judge Karen B. Molzen conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Ward, Vincent) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 11/23/2015)
2015-11-248CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Department of the Air Force, United States Air Force Academy voluntarily consent(s) to have United States Magistrate Judge Karen B. Molzen conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Lucero, Manuel) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 11/24/2015)
2015-11-249NOTICE OF RULE 73 CONSENT Received by All Parties. Related documents: 7 Consent to Proceed Before a U.S. Magistrate Judge, filed by Military Religious Freedom Foundation, 8 Consent to Proceed Before a U.S. Magistrate Judge, filed by United States Air Force Academy, Department of the Air Force. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (emr) (Entered: 11/24/2015)
2015-12-0910ANSWER to 1 Complaint, by Department of the Air Force, United States Air Force Academy. Related document: 1 Complaint, filed by Military Religious Freedom Foundation.(Lucero, Manuel) (Entered: 12/09/2015)
2015-12-2311JOINT STATUS REPORT and Briefing Schedule by Department of the Air Force, United States Air Force Academy (Lucero, Manuel) Modified docket text on 12/24/2015 (kdh). (Entered: 12/23/2015)
2016-05-0912STATUS REPORT setting deadlines for review of documents produced by Department of the Air Force, United States Air Force Academy (Lucero, Manuel) (Entered: 05/09/2016)
2016-07-1913STATUS REPORT and Briefing Schedule Amended by Department of the Air Force, United States Air Force Academy (Lucero, Manuel) (Entered: 07/19/2016)
2016-09-2914ORDER by Chief Magistrate Judge Karen B. Molzen that the parties are to confer and file a status report on this matter within 5 working days. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (mlt) (Entered: 09/29/2016)
2016-10-0515STATUS REPORT filed Jointly by Plaintiffs and by Department of the Air Force, United States Air Force Academy (Lucero, Manuel) (Entered: 10/05/2016)
2016-10-0616ORDER SETTING CASE MANAGEMENT DEADLINES by Magistrate Judge Kirtan Khalsa. Pursuant to the parties' Joint Status Report and Briefing Schedule (Doc. 15): Plaintiff will provide Defendants with copies of the documents they have that were not part of the FOIA response by 10/14/2016; Defendants will investigate why these documents were not part of the FOIA response, and will inform Plaintiff of the results of their investigation in writing, by 12/1/2016; if the parties are unable to reach an agreement regarding the adequacy of the FOIA response, they will file their motions for summary judgment, if any, by 12/15/2016; and, responses and replies to any motions for summary judgment will be due in accordance with the Local Civil Rules. The parties must propose any alternative response and reply deadlines by 12/2/2016. (kmt) (Entered: 10/06/2016)
2016-12-0717ORDER by Chief Magistrate Judge Karen B. Molzen setting a Telephonic Status Conference for 12/7/2016 at 10:30 AM in Albuquerque - Telephonic Hearing/Conference before Chief Magistrate Judge Karen B. Molzen. Counsel should call the meet-me conference line at 505-348-2353 to be joined to the proceedings. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (mlt) (Entered: 12/07/2016)
2016-12-0718Clerk's Minutes for proceedings held before Chief Magistrate Judge Karen B. Molzen: Status Conference held on 12/7/2016. Participants included Vincent Ward and Amber Fayerberg for Plaintiff and Manuel Lucero for Defendants. The Court will enter an Order suspending the current briefing deadlines. The Court will also ask Judge Khalsa to meet with the parties to set up a resolution conference to address the outstanding issues in this case. [THIS IS A TEXT-ONLY ENTRY NO DOCUMENTS ARE ATTACHED.] (mlt) (Entered: 12/07/2016)
2016-12-0719ORDER by Chief Magistrate Judge Karen B. Molzen suspending the briefing deadlines established in Doc. 16. The Court will impose new deadlines once the parties have a chance to discuss the scheduling of a resolution conference with Judge Khalsa. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (mlt) (Entered: 12/07/2016)
2016-12-0820ORDER by Magistrate Judge Kirtan Khalsa Setting Telephone Status Conference. Telephone Status Conference set for 12/12/2016 at 02:30 PM before Magistrate Judge Kirtan Khalsa. The parties are to call Judge Khalsa's "Meet Me" conference line at (505) 348-2347 to connect to the proceedings. THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED (kc) (Entered: 12/08/2016)
2016-12-1221Clerk's Minutes for proceedings held before Magistrate Judge Kirtan Khalsa: Telephone Status Conference held on 12/12/2016. (kc) (Entered: 12/12/2016)
2016-12-1222Amended Clerk's Minutes for proceedings held before Magistrate Judge Kirtan Khalsa (amended only to reflect correct time for next status conference). Telephone Status Conference held on 12/12/2016. (kc) (Entered: 12/12/2016)
2016-12-1223ORDER by Magistrate Judge Kirtan Khalsa Setting Telephone Status Conference. Telephone Status Conference set for 12/15/2016 at 02:00 PM before Magistrate Judge Kirtan Khalsa. The parties are to call Judge Khalsa's "Meet Me" conference line at (505) 348-2347 to connect to the proceedings. THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. (kc) (Entered: 12/12/2016)
2016-12-1524Clerk's Minutes for proceedings held before Magistrate Judge Kirtan Khalsa: Telephone Status Conference held on 12/15/2016. (kc) (Entered: 12/15/2016)
2016-12-1525ORDER by Magistrate Judge Kirtan Khalsa Setting Rule 16 Settlement Conference. Settlement Conference set for 1/23/2017 at 09:30 AM in Albuquerque - 560 Cimarron Courtroom before Magistrate Judge Kirtan Khalsa. Telephonic Pre-Settlement Status Conference set for 1/11/2017 at 11:30 before Magistrate Judge Kirtan Khalsa. The parties are to call Judge Khalsa's "Meet Me" conference line at (505) 348-2347 to connect to the proceedings. (kc) (Entered: 12/15/2016)
2017-01-2026ORDER RESCHEDULING RULE 16 SETTLEMENT CONFERENCE by Magistrate Judge Kirtan Khalsa. The Rule 16 Settlement Conference previously set for 1/23/2017 at 9:30 AM before Judge Khalsa is hereby VACATED and is RESET for 1/26/2017 at 09:30 AM in Albuquerque - 560 Cimarron Courtroom before Judge Khalsa. This Order changes only the date of the conference. All other provisions of the Court's Order Setting Rule 16 Settlement Conference (Doc. 25) remain in full force and effect. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kmt) (Entered: 01/20/2017)
2017-01-2527SETTLEMENT AGREEMENT and Stipulation of Dismissal by Department of the Air Force, United States Air Force Academy (Lucero, Manuel) (Entered: 01/25/2017)
2017-01-2528ORDER by Magistrate Judge Kirtan Khalsa Vacating Rule 16 Settlement Conference. This case has settled. The Rule 16 Settlement Conference scheduled for 1/26/2017 is VACATED. THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. (kc) (Entered: 01/25/2017)
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by FOIA Project Staff
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