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Case TitlePFEIFFER v. UNITED STATES DEPARTMENT OF ENERGY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv02924
Date Filed2020-10-12
Date ClosedOpen
JudgeJudge Reggie B. Walton
PlaintiffMARTIN PFEIFFER Scholar, National Security Studies Program Graduate Assistant and PhD Canidate, Department of Anthropolgy
Case DescriptionMartin Pfeiffer, a Ph.D. candidate in anthropology at the University of New Mexico, submitted five FOIA requests to the Department of Energy's National Nuclear Safety Administration for records concerning nuclear semiotics and nuclear weapons history. Pfeiffer also requested inclusion in the news media and educational fee category. The agency acknowledged receipt of the requests but denied Pfeiffer's request for inclusion in the news media and educational institution fee category. Pfeiffer filed an administrative appeal. The agency denied Pfeiffer's appeal. Pfeiffer then filed suit.
Complaint issues: Fee Category - Media or Educational, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF ENERGY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [17]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-10-121COMPLAINT 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)
2020-10-13Case Assigned to Judge Reggie B. Walton. (zmd) (Entered: 10/13/2020)
2020-10-132SUMMONS (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)
2020-11-113RETURN 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)
2020-11-124GENERAL 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)
2020-12-035ANSWER to Complaint by UNITED STATES DEPARTMENT OF ENERGY.(Truong, John) (Entered: 12/03/2020)
2020-12-16MINUTE 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)
2020-12-16Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 1/15/2021 (hs) (Entered: 12/16/2020)
2021-01-156Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY. (Truong, John) (Entered: 01/15/2021)
2021-01-25MINUTE 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)
2021-01-26Set/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)
2021-02-227Consent MOTION to Modify January 25, 2021 Scheduling Order by UNITED STATES DEPARTMENT OF ENERGY. (Truong, John) (Entered: 02/22/2021)
2021-03-04MINUTE 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)
2021-03-04Set/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)
2021-03-088MOTION 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)
2021-04-029Consent 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)
2021-04-07MINUTE 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)
2021-04-08Set/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)
2021-04-2210Memorandum 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)
2021-04-2211Cross 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)
2021-05-2412Consent MOTION for Extension of Time to File Response/Reply by UNITED STATES DEPARTMENT OF ENERGY. (Truong, John) (Entered: 05/24/2021)
2021-05-25MINUTE 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)
2021-05-2613REPLY 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)
2021-05-2614Memorandum 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)
2021-06-0315Consent 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)
2021-06-08MINUTE 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)
2021-06-08Set/Reset Deadlines: Reply in support of Cross Motions due by 6/11/2021. (hs) (Entered: 06/08/2021)
2021-06-1116REPLY to opposition to motion re 11 Cross MOTION for Summary Judgment filed by MARTIN PFEIFFER. (Sobel, David) (Entered: 06/11/2021)
2021-06-22MINUTE 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)
2021-06-22Set/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)
2021-12-01MINUTE 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)
2021-12-01Set/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)
2022-03-02MINUTE 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)
2022-03-03Set/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)
2022-06-03MINUTE 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)
2022-06-06Set/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)
2022-06-24MINUTE 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)
2022-06-2717MEMORANDUM OPINION. Signed by Judge Reggie B. Walton on June 27, 2022. (lcrbw2) (Entered: 06/27/2022)
2022-06-2718ORDER. 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)
2022-06-29Set/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)
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