| Date Filed | Doc # | Docket Text |
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| 2019-09-18 | 1 | COMPLAINT against U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 400 receipt number 0090-6385125) filed by FREDDY MARTINEZ. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Civil Cover Sheet, # 9 Summons)(Burday, Joshua) (Entered: 09/18/2019) |
| 2019-09-18 | 2 | NOTICE of Appearance by Joshua Hart Burday on behalf of FREDDY MARTINEZ (Burday, Joshua) (Entered: 09/18/2019) |
| 2019-09-20 | | Case Assigned to Judge Trevor N. McFadden. (zeg) (Entered: 09/20/2019) |
| 2019-09-20 | 3 | SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zeg) (Entered: 09/20/2019) |
| 2019-09-20 | 4 | STANDING ORDER establishing procedures for cases before Judge Trevor N. McFadden. The parties are directed to read and strictly comply with the attached order. Signed by Judge Trevor N. McFadden on 9/20/2019. (Entered: 09/20/2019) |
| 2019-11-04 | 5 | NOTICE of Appearance by Scott Leeson Sroka on behalf of U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Sroka, Scott) (Entered: 11/04/2019) |
| 2019-11-04 | 6 | ANSWER to Complaint by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Sroka, Scott) (Entered: 11/04/2019) |
| 2019-11-04 | | MINUTE ORDER. Before the Court are a Complaint and an Answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the schedule on or before November 25, 2019. Signed by Judge Trevor N. McFadden on 11/04/2019. (lctnm1) (Entered: 11/04/2019) |
| 2019-11-04 | | Set/Reset Deadlines: Joint Status Report due by 11/25/2019. (hmc) (Entered: 11/04/2019) |
| 2019-11-04 | 7 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 9/30/2019 (Burday, Joshua) (Entered: 11/04/2019) |
| 2019-11-04 | 8 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/1/2019. (Burday, Joshua) (Entered: 11/04/2019) |
| 2019-11-04 | 9 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/3/2019. Answer due for ALL FEDERAL DEFENDANTS by 11/2/2019. (Burday, Joshua) (Entered: 11/04/2019) |
| 2019-11-22 | 10 | Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Sroka, Scott) (Entered: 11/22/2019) |
| 2019-11-22 | | MINUTE ORDER. Upon consideration of the parties' 10 Joint Status Report, the parties are ORDERED to file a Joint Status Report on or before December 20, 2019, advising the Court of a proposed schedule for further proceedings in this matter. Signed by Judge Trevor N. McFadden on 11/22/2019. (lctnm1) (Entered: 11/22/2019) |
| 2019-11-22 | | Set/Reset Deadlines: Joint Status Report due by 12/20/2019. (hmc) (Entered: 11/22/2019) |
| 2019-12-23 | | MINUTE ORDER TO SHOW CAUSE. In the Court's November 22, 2019, Minute Order, the parties were ordered to file "a Joint Status Report on or before December 20, 2019, advising the Court of a proposed schedule for further proceedings in this matter." As of the date of this Order, the public docket reflects that the parties have yet to file this report. It is hereby ORDERED that the Plaintiff shall, by December 27, 2019, SHOW CAUSE as to why the claims against the Defendant should not be dismissed for failure to prosecute. This Show Cause Order may be fulfilled by filing the required Joint Status Report. Failure to comply with this Order may result in dismissal of this action, without further notice, for failure to prosecute. See LCvR 83.23. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/23/2019. (lctnm1) (Entered: 12/23/2019) |
| 2019-12-26 | | Set/Reset Deadlines: Response to the Court's Order to Show Cause due by 12/27/2019. (zhmc) (Entered: 12/26/2019) |
| 2019-12-26 | 11 | RESPONSE TO ORDER TO SHOW CAUSE by FREDDY MARTINEZ filed by FREDDY MARTINEZ. (Attachments: # 1 Exhibit A)(Burday, Joshua) (Entered: 12/26/2019) |
| 2019-12-27 | | MINUTE ORDER. Upon consideration of the parties' 11 Response to Order to Show Cause, the parties are ORDERED to file a Joint Status Report on or before January 20, 2020, advising the Court of a proposed schedule for further proceedings in this matter. The parties are ORDERED to appear for a Status Conference on January 24, 2020, at 10:00 a.m. in Courtroom 2, before Judge Trevor N. McFadden. Signed by Judge Trevor N. McFadden on 12/27/2019. (lctnm1) (Entered: 12/27/2019) |
| 2019-12-27 | | Set/Reset Deadlines/Hearings: Joint Status Report due by 1/20/2020; Status Conference scheduled for 1/24/2020, at 10:00 AM in Courtroom 2 before Judge Trevor N. McFadden. (tg) (Entered: 12/27/2019) |
| 2020-01-08 | 12 | MOTION for Leave to Appear by Telephone by FREDDY MARTINEZ (Burday, Joshua) (Entered: 01/08/2020) |
| 2020-01-09 | | MINUTE ORDER denying Plaintiff's 12 Motion for Leave to Appear by Telephone. The parties shall appear for a Status Conference on January 24, 2020, at 10:00 a.m. in Courtroom 2, before Judge Trevor N. McFadden, as previously ordered. Signed by Judge Trevor N. McFadden on 1/9/2020. (lctnm1) (Entered: 01/09/2020) |
| 2020-01-21 | 13 | Joint STATUS REPORT by FREDDY MARTINEZ. (Burday, Joshua) (Entered: 01/21/2020) |
| 2020-01-24 | | Minute Entry for proceedings held before Judge Trevor N. McFadden: Status Conference held on 1/24/2020. Joint Status Report due by 2/24/2020. (Court Reporter: Crystal Pilgrim.) (hmc) (Entered: 01/24/2020) |
| 2020-02-12 | 14 | NOTICE OF SUBSTITUTION OF COUNSEL by Peter C. Pfaffenroth on behalf of U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES Substituting for attorney Scott Sroka (Pfaffenroth, Peter) (Entered: 02/12/2020) |
| 2020-02-14 | 15 | Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Pfaffenroth, Peter) (Entered: 02/14/2020) |
| 2020-02-18 | | MINUTE ORDER. Upon consideration of the parties' 15 Joint Status Report, the parties are hereby ORDERED to file a further Joint Status Report on or before March 24, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/18/2020. (lctnm1) (Entered: 02/18/2020) |
| 2020-02-18 | | Set/Reset Deadlines: Joint Status Report due by 3/24/2020. (hmc) (Entered: 02/18/2020) |
| 2020-03-24 | 16 | Joint STATUS REPORT and Proposed Attorney's Fees Briefing Schedule by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Pfaffenroth, Peter) (Entered: 03/24/2020) |
| 2020-03-25 | | MINUTE ORDER REFERRING CASE to a magistrate judge, to be assigned at random by the Clerk's Office, for full case management up to but excluding trial, pursuant to Local Civil Rule 72.2. This includes, with respect to any potentially dispositive motion, the preparation of a report and recommendation pursuant to Local Civil Rule 72.3. The parties are reminded that, pursuant to Local Civil Rule 73.1, they may consent to the assignment of this action to a magistrate judge for all purposes, including trial; consent of the presiding judge is not necessary. It is further ORDERED that any future filings related to this matter shall include the initials of the presiding judge and the magistrate judge following the case number in the caption. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/25/2020. (lctnm1) (Entered: 03/25/2020) |
| 2020-03-25 | | CASE RANDOMLY REFERRED to Magistrate Judge Deborah A. Robinson for full case management. (zsb) (Entered: 03/25/2020) |
| 2020-03-26 | | SCHEDULING MINUTE ORDER: Upon consideration of the parties 16 Joint Status Report, it is hereby ORDERED that Plaintiff shall file his Motion for an Award of Attorney's Fees by no later than May 26, 2020; Defendant shall file its Opposition by no later than June 26, 2020, and Plaintiff shall file his Reply by no later than July 27, 2020. Signed by Magistrate Judge Deborah A. Robinson on 03/26/2020. (lcdar1) (Entered: 03/26/2020) |
| 2020-05-20 | 17 | Unopposed MOTION for Extension of Time to File by FREDDY MARTINEZ (Attachments: # 1 Text of Proposed Order)(Burday, Joshua) (Entered: 05/20/2020) |
| 2020-05-21 | 18 | ORDER granting Plaintiff's 17 Unopposed Motion for Extension of Time. Signed by Magistrate Judge Deborah A. Robinson on 5/21/2020. (lcdar1) (Entered: 05/21/2020) |
| 2020-06-25 | 19 | WITHDRAWN PURSUANT TO NOTICE FILED 09/16/2020.....MOTION for Attorney Fees by FREDDY MARTINEZ (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Text of Proposed Order)(Burday, Joshua) Modified on 9/17/2020 (eg). (Entered: 06/25/2020) |
| 2020-07-20 | 20 | Unopposed MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Attorney Fees (seeking extension for opposition) by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Pfaffenroth, Peter) (Entered: 07/20/2020) |
| 2020-08-04 | | MINUTE ORDER: Defendant's 20 Unopposed Motion to Extend Time is GRANTED. Defendant's opposition is due by August 26, 2020, and Plaintiff's reply is due by September 25, 2020. Signed by Magistrate Judge Deborah A. Robinson on 8/4/2020. (lcdar1) (Entered: 08/04/2020) |
| 2020-08-26 | 21 | Memorandum in opposition to re 19 MOTION for Attorney Fees filed by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Declaration of Brandon Gaylord, # 2 Exhibit A to Decl. (Nov. 6, 2019 release letter), # 3 Release Part 1, # 4 Release Part 2, # 5 Release Part 3, # 6 Release Part 4, # 7 Release Part 5, # 8 Release Part 6, # 9 Release Part 7, # 10 Release Part 8, # 11 Release Part 9, # 12 Release Part 10, # 13 Release Part 11, # 14 Release Part 12)(Pfaffenroth, Peter) (Entered: 08/26/2020) |
| 2020-09-11 | | Case directly reassigned to Magistrate Judge Zia M. Faruqui for full case management. Magistrate Judge Deborah A. Robinson is no longer assigned to the case. (ztnr) (Entered: 09/11/2020) |
| 2020-09-16 | 22 | NOTICE OF WITHDRAWAL OF MOTION by FREDDY MARTINEZ re 19 MOTION for Attorney Fees (Topic, Matthew) (Entered: 09/16/2020) |
| 2020-11-30 | 23 | STIPULATION of Dismissal by FREDDY MARTINEZ. (Burday, Joshua) (Entered: 11/30/2020) |
| 2020-11-30 | | MINUTE ORDER. Pursuant to the 23 Stipulation of Dismissal, this case is hereby DISMISSED with prejudice. See Fed. R. Civ. P. 41(a)(1)(A)(ii) (stating that "the plaintiff may dismiss an action without court order by filing...a stipulation of dismissal signed by all parties who have appeared"). The Clerk of Court is directed to close the case. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/30/2020. (lctnm1) (Entered: 11/30/2020) |
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