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Case TitleLOS ALAMOS STUDY GROUP v. NATIONAL NUCLEAR SECURITY ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv00935
Date Filed2022-04-06
Date ClosedOpen
JudgeJudge Ana C. Reyes
PlaintiffLOS ALAMOS STUDY GROUP
Case DescriptionThe Los Alamos Study Group submitted 16 FOIA requests to the National Nuclear Security Administration for a number of topics, including records concerning performance evaluation reports for 2019-2021. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, the Los Alamos Group filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantNATIONAL NUCLEAR SECURITY ADMINISTRATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-04-061COMPLAINT against All Plaintiffs ( Filing fee $ 402 receipt number ADCDC-9153410) filed by LOS ALAMOS STUDY GROUP. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Stills, Travis) (Entered: 04/06/2022)
2022-04-062LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by LOS ALAMOS STUDY GROUP (Stills, Travis) (Entered: 04/06/2022)
2022-04-07Case Randomly Assigned to Judge Florence Y. Pan. (znmg) (Entered: 04/07/2022)
2022-04-073SUMMONS (3) Issued Electronically as to NATIONAL NUCLEAR SECURITY ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(znmg) (Entered: 04/07/2022)
2022-04-074STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Florence Y. Pan on 4/7/22. (lcaa) (Entered: 04/07/2022)
2022-04-205RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/19/2022. Answer due for ALL FEDERAL DEFENDANTS by 5/19/2022. (Stills, Travis) Modified on 4/21/2022 to correct serve/answer due date(s) (zjf). (Entered: 04/20/2022)
2022-04-21NOTICE OF ERROR re 5 Summons Returned Executed in FOIA as to U.S. Attorney; emailed to stills@eclawoffice.org, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Please note the following deficiency and file/refile document as instructed , 2. Refile same document as to the Issuance to the AG & Federal Dft (zjf, ) (Entered: 04/21/2022)
2022-04-216RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL NUCLEAR SECURITY ADMINISTRATION served on 4/18/2022, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/19/2022. (Stills, Travis) (Entered: 04/21/2022)
2022-05-197NOTICE of Appearance by Daniel Patrick Schaefer on behalf of NATIONAL NUCLEAR SECURITY ADMINISTRATION (Schaefer, Daniel) (Entered: 05/19/2022)
2022-05-198ANSWER to Complaint by NATIONAL NUCLEAR SECURITY ADMINISTRATION.(Schaefer, Daniel) (Entered: 05/19/2022)
2022-05-209ORDER directing the parties to file a joint status report proposing a schedule for litigation of this case on or before June 3, 2022. Signed by Judge Florence Y. Pan on 5/20/2022. (lcsw) (Entered: 05/20/2022)
2022-05-20Set/Reset Deadlines: Joint Status Report due by 6/3/2022. (zacr) (Entered: 05/20/2022)
2022-06-0310Joint STATUS REPORT in a FOIA Case by LOS ALAMOS STUDY GROUP. (Attachments: # 1 Plaintiff's Proposed Order, # 2 Defendant's Proposed Order)(Stills, Travis) (Entered: 06/03/2022)
2022-06-06MINUTE ORDER. In a 10 Joint Status Report, Plaintiff asks the Court to order that Defendant complete processing and production of documents responsive to 14 pending FOIA requests within the next twenty days. Given the number of FOIA requests and Defendant's representations about their complexity, Plaintiff's proposal is not reasonable. The Court will instead extend the deadline for the parties to propose a schedule for the processing and production of the responsive documents. The parties are directed to meet and confer, and to file a proposed schedule on or before September 15, 2022. Signed by Judge Florence Y. Pan on 6/6/2022. (lcsw) (Entered: 06/06/2022)
2022-06-06Set/Reset Deadlines: Meet & Confer Statement and Proposed Schedule due by 9/15/2022. (zacr) (Entered: 06/06/2022)
2022-09-1411PROPOSED BRIEFING SCHEDULE Disclosure Schedule and Status Report by LOS ALAMOS STUDY GROUP. (Attachments: # 1 Text of Proposed Order)(Stills, Travis) (Entered: 09/14/2022)
2022-09-1512STATUS REPORT by NATIONAL NUCLEAR SECURITY ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 09/15/2022)
2022-09-19MINUTE ORDER. Upon consideration of the parties' 11 12 Status Reports, the parties shall submit a joint status report by November 18, 2022, and every sixty days thereafter, updating the Court on the status of Defendant's processing of the outstanding records requests. Plaintiff's requests for an order accelerating the agency's production of records and establishing a briefing schedule are premature at this stage of the litigation. Defendant will be given a reasonable opportunity to process the outstanding records requests before the Court considers the type of relief requested by Plaintiff. Signed by Judge Florence Y. Pan on 9/19/22. (lcnl) (Entered: 09/19/2022)
2022-09-19Set/Reset Deadlines: Joint Status Report due by 11/18/2022. (zsmc) (Entered: 09/20/2022)
2022-09-23Judge Florence Y. Pan has been elevated to serve on the U.S. Court of Appeals for the D.C. Circuit. She is therefore no longer assigned to this case, and this matter has been reassigned to the Calendar Committee, which will oversee it until it is assigned to another district judge. Any questions should be directed to Judge Pan's former deputy clerk, Samantha Calloway, at 202-354-3163 or samantha_calloway@dcd.uscourts.gov. (ztnr) (Entered: 09/23/2022)
2022-10-2013NOTICE OF SUBSTITUTION OF COUNSEL by Benton Gregory Peterson on behalf of NATIONAL NUCLEAR SECURITY ADMINISTRATION Substituting for attorney Daniel Schaefer (Peterson, Benton) (Entered: 10/20/2022)
2022-11-1814Joint STATUS REPORT by NATIONAL NUCLEAR SECURITY ADMINISTRATION. (Peterson, Benton) (Entered: 11/18/2022)
2022-11-1815MOTION for Briefing Schedule for Summary Judgment in FOIA Litigation by LOS ALAMOS STUDY GROUP. (Attachments: # 1 Text of Proposed Order)(Stills, Travis) (Entered: 11/18/2022)
2022-12-0216Memorandum in opposition to re 15 Motion for Briefing Schedule filed by NATIONAL NUCLEAR SECURITY ADMINISTRATION. (Peterson, Benton) (Entered: 12/02/2022)
2022-12-0417REPLY to opposition to motion re 15 MOTION for Briefing Schedule for Summary Judgment in FOIA Litigation filed by LOS ALAMOS STUDY GROUP. (Stills, Travis) (Entered: 12/04/2022)
2023-01-0618NOTICE OF SUBSTITUTION OF COUNSEL by Lshauntee J. Robertson on behalf of All Defendants Substituting for attorney Benton G. Peterson (Robertson, Lshauntee) (Entered: 01/06/2023)
2023-01-1719Joint STATUS REPORT by LOS ALAMOS STUDY GROUP. (Stills, Travis) (Entered: 01/17/2023)
2023-02-24Case directly reassigned to District Judge Ana C. Reyes. Circuit Judge Florence Y. Pan is no longer assigned to the case. (ztnr) (Entered: 02/24/2023)
2023-03-08MINUTE ORDER. Plaintiff's Motion for a Briefing Schedule for Summary Judgment 15 is DENIED. Plaintiff's requests for an order accelerating the agency's production of records and establishing a briefing schedule are premature at this stage of the litigation. Defendant will be given a reasonable opportunity to process the outstanding records requests before the Court considers the type of relief requested by Plaintiff. It is further ORDERED that in the next Joint Status Report, Defendant shall give a completion date for all outstanding requests. Signed by Judge Ana C. Reyes on 3/8/2023. (lcjo) (Entered: 03/08/2023)
2023-03-2020Joint STATUS REPORT by NATIONAL NUCLEAR SECURITY ADMINISTRATION. (Robertson, L'Shauntee) (Entered: 03/20/2023)
2023-03-21MINUTE ORDER. Upon consideration of the parties' 20 Joint Status Report, it is ORDERED that Defendant shall provide a further status report on or before April 20, 2023, that includes an explanation of what is left to process and state with specificity why Defendant needs until July 13, 2023, to complete the processing. Signed by Judge Ana C. Reyes on 3/21/2023. (lcjo) (Entered: 03/21/2023)
2023-03-21Set/Reset Deadlines/Hearings: Defendant's Status Report due by 4/20/2023. (zcdw) (Entered: 03/21/2023)
2023-04-2021ENTERED IN ERROR..... STATUS REPORT by NATIONAL NUCLEAR SECURITY ADMINISTRATION. (Robertson, L'Shauntee) Modified on 4/21/2023; refiled as Docket Entry 22 . (znmw). (Entered: 04/20/2023)
2023-04-2022ERRATA re 21 Regarding Defendant's Status Report (ECF No. 21) by NATIONAL NUCLEAR SECURITY ADMINISTRATION. (Robertson, L'Shauntee) Modified to add link on 4/21/2023 (znmw). (Entered: 04/20/2023)
2023-04-2023Amended STATUS REPORT by NATIONAL NUCLEAR SECURITY ADMINISTRATION. (Robertson, L'Shauntee) (Entered: 04/20/2023)
2023-04-2024RESPONSE re 15 MOTION for Briefing Schedule for Summary Judgment in FOIA Litigation RE Objection to ECF 23 Motion filed via Status Report filed by LOS ALAMOS STUDY GROUP. (Stills, Travis) (Entered: 04/20/2023)
2023-04-21MINUTE ORDER. Upon consideration of Defendant's 23 Status Report and Plaintiff's 24 Objection to Defendant's Status Report, it is hereby ORDERED that the parties shall confer and propose a joint briefing schedule. It is FURTHER ORDERED that prior to either party filing a summary judgment motion, the parties must (1) meet and confer in person two times to narrow or eliminate disputes and (2) file a joint status report updating the Court on the meet and confers with a joint proposed briefing schedule. Signed by Judge Ana C. Reyes on 4/21/2023. (lcjo) (Entered: 04/21/2023)
2023-06-0725Joint MOTION to Modify Court Order by NATIONAL NUCLEAR SECURITY ADMINISTRATION. (Robertson, L'Shauntee) (Entered: 06/07/2023)
2023-06-07Upon consideration of the parties' 25 Joint Motion to Amend Meet and Confer Order, the Motion is DENIED IN PART AND GRANTED IN PART. Plaintiff brought suit in the District of Columbia. It is required to participate in the lawsuit in the District of Columbia. If the issues in dispute are not sufficiently serious and material to warrant Plaintiff's counsel traveling to the location where Plaintiff brought suit, then they are not sufficiently serious to warrant this Court's attention. Of course, if the parties can resolve their disputes without meeting in person, then they do not need to do so. The Court will modify its order to require one, instead of two, in-person meetings. But, the parties are required to meet-and-confer at least twice before bringing further disputes to the Court. Signed by Judge Ana C. Reyes on 6/7/2023. (lcjo) (Entered: 06/07/2023)
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