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Case TitleBuckovetz et al v. The Department of the Navy
DistrictSouthern District of California
CitySan Diego
Case Number3:2021cv00640
Date Filed2021-04-13
Date ClosedOpen
JudgeDistrict Judge William Q. Hayes
PlaintiffDennis M. Buckovetz an individual
PlaintiffLynne M. Bird an individual
TERMINATED: 08/05/2021
Case DescriptionDennis Buchovetz submitted FOIA requests to the Department of Navy for records concerning allegations that Major General James Bierman, the former commanding general at the Marine Corps Recruit Depot in San Diego, was improperly selling merchandise. The agency acknowledged receipt of his requests. The agency disclosed some records, including emails, in response to the first request, but Buchovetz claimed some emails were missing. He then filed a second FOIA, which the agency closed as duplicative. After hearing nothing further from the agency, Buchovetz filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantThe Department of the Navy
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [5]
Opinion/Order [34]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-04-131COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ACASDC-15615333.), filed by Dennis M. Buckovetz, Lynne M. Bird. (Attachments: # 1 Civil Cover Sheet) The new case number is 3:21-cv-640-H-KSC. Judge Marilyn L. Huff and Magistrate Judge Karen S. Crawford are assigned to the case. (Anderson, Travis)(zda) (jms). (Entered: 04/13/2021)
2021-04-132Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (zda) (jms). (Entered: 04/13/2021)
2021-05-103SUMMONS Returned Executed by Dennis M. Buckovetz, Lynne M. Bird. The Department of the Navy served. (Attachments: # 1 Affidavit Re Service)(Anderson, Travis) (jmr). (Entered: 05/10/2021)
2021-05-264Joint MOTION for Extension of Time to File Answer by The Department of the Navy. (Cabral, Janet)Attorney Janet A Cabral added to party The Department of the Navy (pty:dft) (mme). (Entered: 05/26/2021)
2021-05-275ORDER Granting 4 Joint Motion for Extension of Time. Defendant the Department of the Navy must file any response to Plaintiffs complaint on or before June 21, 2021. Signed by Judge Marilyn L. Huff on 5/27/2021. (mme) (Entered: 05/27/2021)
2021-06-096Joint MOTION for Extension of Time to File Answer (Second Extension) by The Department of the Navy. (Cabral, Janet) (jmr). (Entered: 06/09/2021)
2021-06-097ORDER granting 6 Second Joint Motion for Extension of Time. Defendant the Department of the Navy must file any response to Plaintiffs complaint on or before August 5, 2021. Signed by Judge Marilyn L. Huff on 6/9/2021. (jmr) (Entered: 06/09/2021)
2021-07-278NOTICE OF RELATED CASE(S) by The Department of the Navy of case(s) 18cv2736 . (Cabral, Janet) (jmr). (Entered: 07/27/2021)
2021-07-309Joint MOTION to Dismiss Party Stipulation for Dismissal of Plaintiff Lynne M. Bird by Lynne M. Bird, Dennis M. Buckovetz. (Anderson, Travis) (jmr). (Entered: 07/30/2021)
2021-08-0310ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to District Judge William Q. Hayes for all further proceedings. Judge Marilyn L. Huff no longer assigned to case. Create association to 3:18-cv-02736-MDD-KSC. The new case number is 21-cv-640-WQH-KSC.. Signed by Judge Marilyn L. Huff on 8/2/2021. Signed by Judge William Q. Hayes on 8/2/2021.(All non-registered users served via U.S. Mail Service)(jmr) (Entered: 08/03/2021)
2021-08-0511ORDER re 9 Motion to Dismiss Party. IT IS HEREBY STIPULATED by and between the parties hereto that Bird's claim for violation of FOIA be dismissed from the action without prejudice, and that Bird be dismissed from the action without prejudice. The parties hereto further agree that Bird's dismissal shall not operate as a waiver of her right to seek recovery of her attorneys' fees incurred in this Action from the Navy as permitted under FOIA. Signed by District Judge William Q. Hayes on 8/5/2021. (ag) (Entered: 08/05/2021)
2021-08-0512MOTION to Dismiss for Lack of Jurisdiction by The Department of the Navy. (Cabral, Janet) (ag). (Entered: 08/05/2021)
2021-08-3113RESPONSE in Opposition re 12 MOTION to Dismiss for Lack of Jurisdiction filed by Dennis M. Buckovetz. (Attachments: # 1 Declaration of Dennis M. Buckovetz ISO Opposition, # 2 Declaration of Travis Anderson ISO Opposition, # 3 Exhibit Exhibits and Index Thereto)(Anderson, Travis)(ag). (Entered: 08/31/2021)
2021-09-0714REPLY to Response to Motion re 12 MOTION to Dismiss for Lack of Jurisdiction filed by The Department of the Navy. (Cabral, Janet) (ag). (Entered: 09/07/2021)
2021-09-0915NOTICE of Errata with Regard to His Opposition to Defendant's Motion to Dismiss for Lack of Jurisdiction by Dennis M. Buckovetz re 13 Response in Opposition to Motion, (Anderson, Travis) Emailed attorney re Notice of Errata (ag). (Entered: 09/09/2021)
2021-10-0716ORDER: The Motion to Dismiss filed by Defendant The Department of the Navy (ECF No. 12 ) is denied. Signed by District Judge William Q. Hayes on 10/7/2021. (ag) (Entered: 10/07/2021)
2021-10-2117ANSWER to 1 Complaint, by The Department of the Navy.(Cabral, Janet) (ag). (Entered: 10/21/2021)
2021-10-2218NOTICE of Appearance by Trevor Sean Mann-O'Halloran on behalf of Dennis M. Buckovetz (Mann-O'Halloran, Trevor)Attorney Trevor Sean Mann-O'Halloran added to party Dennis M. Buckovetz(pty:pla) (ag). (Entered: 10/22/2021)
2021-10-2219NOTICE AND ORDER Setting Early Neutral Evaluation Conference; Rule 26 Compliance; and Case Management Conference. A Joint Discovery Plan is due by 11/30/2021. An Early Neutral Evaluation is set for 12/7/2021 at 2:00 PM before Magistrate Judge Karen S. Crawford. If the case does not settle during the ENE, a Case Management Conference ("CMC") pursuant to Federal Rule of Civil Procedure 16(b) will be held immediately following the conclusion of the ENE. Signed by Magistrate Judge Karen S. Crawford on 10/22/021.(ag) (Entered: 10/22/2021)
2021-11-3020Joint Discovery Plan by The Department of the Navy (Cabral, Janet) (ag). (Entered: 11/30/2021)
2021-12-0821Minute Entry for proceedings held before Magistrate Judge Karen S. Crawford:An Early Neutral Evaluation Conference was held on 12/7/2021. The case did not settle. After being apprised of the status of the case, the Court hereby CONTINUES the Case Management Conference (CMC) to January 26, 2021 at 2:00 p.m. Instructions for participating in the CMC will be issued by separate order. (Case Management Conference set for 1/26/2022 02:00 PM before Magistrate Judge Karen S. Crawford.). (Plaintiff Attorney Travis Anderson; Sean Mann-O'Halloran).(Defendant Attorney Janet Cabral). (no document attached) (src) (Entered: 12/08/2021)
2022-01-1822Joint MOTION to Continue Case Management Conference by Dennis M. Buckovetz. (Anderson, Travis) (ag). (Entered: 01/18/2022)
2022-01-1823ORDER granting in part and denying in part 22 Motion to Continue. Good cause appearing, the Court GRANTS the motion to continue the Case Management Conference. However, the Court is not available on the date selected by the parties. The Case Management Conference is hereby continued to February 8, 2022 at 2:00 p.m. Instructions for participation will follow by separate order. Any questions regarding this order or the Case Management Conference may be directed to the Court's staff at 619-446-3964. (Case Management Conference set for 2/8/2022 02:00 PM before Magistrate Judge Karen S. Crawford.) Signed by Magistrate Judge Karen S. Crawford on 1/18/21. (no document attached) (src) (Entered: 01/18/2022)
2022-02-0724ORDER Regarding Case Management Conference. The Case Management Conference set for February 8, 2022 at 2:00 p.m. will be held telephonically. To participate, counsel must call 1-877-873-8017 and use access code 2924630. Party attendance is not required for this conference. Any questions regarding this Order or the Case Management Conference may be directed to the Court's staff at 619-446-3964. Signed by Magistrate Judge Karen S. Crawford on 2/7/22.(no document attached) (src) (Entered: 02/07/2022)
2022-02-0825Minute Entry for proceedings held before Magistrate Judge Karen S. Crawford:A Case Management Conference was held on 2/8/2022. The Court sets a further Case Management Conference for March 25, 2022 at 11:30 a.m. Instructions for participating in the March 25, 2022 Case Management Conference will follow by separate order. No later than 5:00 p.m. on March 22, 2022, the parties shall lodge a Joint Status Report with chambers (efile_Crawford@casd.uscourts.gov). The Joint Status Report shall not exceed 6 pages. (Case Management Conference set for 3/25/2022 11:30 AM before Magistrate Judge Karen S. Crawford.). (Plaintiff Attorney Travis Anderson).(Defendant Attorney Janet Cabral). (no document attached) (src) (Entered: 02/08/2022)
2022-03-2126STATUS REPORT (Joint) by The Department of the Navy. (Cabral, Janet) (ag). (Entered: 03/21/2022)
2022-03-2427ORDER Regarding Case Management Conference. The Case Management Conference set for March 25, 2022 at 11:30 will be conducted telephonically. To appear at the conference, counsel must call 1-877-873-8017 and use access code 2924630 (press * if prompted for a security code). Any questions regarding the Case Management Conference or the procedures for participation should be directed to the Court's staff at 619-446-3964. Signed by Magistrate Judge Karen S. Crawford on 3/24/22.(no document attached) (src) (Entered: 03/24/2022)
2022-03-2528Minute Entry for proceedings held before Magistrate Judge Karen S. Crawford:A Case Management Conference was held on 3/25/2022. A briefing schedule on defendant's Motion for Summary Judgment will issue by separate order. (Plaintiff Attorney Travis Anderson).(Defendant Attorney Janet Cabral). (no document attached) (src) (Entered: 03/25/2022)
2022-03-2529ORDER Setting Briefing Schedule on Defendant's Motion for Summary Judgment. Signed by Magistrate Judge Karen S. Crawford on 3/25/2022.(ave) (Entered: 03/25/2022)
2022-05-0930MOTION for Summary Judgment by The Department of the Navy. (Attachments: # 1 Declaration of Cinthia Camacho, # 2 Declaration of Michael Lee, # 3 Statement of Facts)(Cabral, Janet)(ave). (Entered: 05/09/2022)
2022-05-3131MOTION for Discovery Under Fed. R. Civ. Proc. 56(d) by Dennis M. Buckovetz. (Attachments: # 1 Declaration, # 2 Declaration)(Anderson, Travis)(ave). (Entered: 05/31/2022)
2022-06-1432RESPONSE in Opposition re 31 MOTION for Discovery Under Fed. R. Civ. Proc. 56(d) filed by The Department of the Navy. (Cabral, Janet) (ave). (Entered: 06/14/2022)
2022-06-2133REPLY to Response to Motion re 31 MOTION for Discovery Under Fed. R. Civ. Proc. 56(d) filed by Dennis M. Buckovetz. (Anderson, Travis) (ave). (Entered: 06/21/2022)
2022-09-2934ORDER. Signed by District Judge William Q. Hayes on 9/29/2022. (anh) (Entered: 09/29/2022)
2022-10-0735Joint MOTION for Extension of Time to File Supplemental Briefing by The Department of the Navy. (Cabral, Janet) QC Mailer sent for wrong judge in caption. (alns). (Entered: 10/07/2022)
2022-10-1236ORDER granting 35 Motion for Extension of Time to File. Signed by District Judge William Q. Hayes on 10/12/2022. (alns) (Entered: 10/12/2022)
2022-11-1537REPLY - Other re 30 MOTION for Summary Judgment Supplemental Briefing and Declarations Per Court's 9/29/22 Order filed by The Department of the Navy. (Attachments: # 1 Declaration Karl Rosenbaum, # 2 Declaration LtCol McConnell)(Cabral, Janet) (alns). (Entered: 11/15/2022)
2022-12-0738SUPPLEMENTAL BRIEFING by Plaintiff Dennis M. Buckovetz re 37 Reply - Other, 34 Order on Motion for Discovery in Support of Motion for Summary Judgment . (Anderson, Travis) (Entered: 12/07/2022)
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by FOIA Project Staff
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