| MTNDDL, REFER, TERMED |
Payne, et al v. Minihan, et al Assigned to: District Judge M. Christina Armijo Referred to: Magistrate Judge Lorenzo F. Garcia Demand: $0
|
Date Filed: 02/28/1997 Date Terminated: 10/27/1999 Jury Demand: Plaintiff Nature of Suit: 895 Freedom of Information Act Jurisdiction: U.S. Government Defendant |
| Plaintiff | ||
| William H Payne | represented by | William H Payne
13015 Calle de Sandias, NE Albuquerque, NM 87111 (505) 292-7037 PRO SE |
| Plaintiff | ||
| Arthur R Morales | represented by | Arthur R Morales
465 Washington St. SE Albuquerque, NM 87108 PRO SE |
V. | ||
| Defendant | ||
|
Lieutenant General Kenneth A Minihan USAF Director TERMINATED: 04/30/1998 |
represented by | Jan Elizabeth Mitchell
United States Attorneys Office Civil Division P.O. Box 607 Albuquerque, NM 87102 505 346-7274 Fax: 505 346-7205 Email: jan.mitchell@usdoj.gov TERMINATED: 04/30/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| National Security Agency | represented by | Jan Elizabeth Mitchell
(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
Date Filed |
# | Docket Text |
| 02/28/1997 | 1 | COMPLAINT (referred to Magistrate Don J. Svet) (pz) (Entered: 03/04/1997) |
| 03/04/1997 | FILING FEE PAID: on 2/28/97 in the amount of $150.00, receipt #: 100 105110. (pz) (Entered: 03/04/1997) | |
| 03/17/1997 | 2 | DEMAND for jury trial by plaintiffs (dmw) (Entered: 03/18/1997) |
| 04/01/1997 | 3 | CONFIRMATION (MOTION) for Extension by plaintiff William H Payne to respond to complaint until plaintiff has returned from business trip on 4/7/97 & notification of business travel (dmw) (Entered: 04/01/1997) |
| 04/01/1997 | 4 | ORDER by Senior Judge Santiago E. Campos granting deft's request (motion) for extension of time to answer until 4/4/97 [3-1] (cc: all counsel) (mk) (Entered: 04/01/1997) |
| 04/04/1997 | 5 | ANSWER by defendant [1-1] (dmw) (Entered: 04/07/1997) |
| 04/24/1997 | 6 | REPLY & affidavit by plaintiffs to answer to complaint [5-1] (dmw) (Entered: 04/25/1997) |
| 05/02/1997 | 7 | INITIAL SCHEDULING ORDER by Magistrate Don J. Svet ; parties to meet and confer by 5/14/97; provisional discovery plan is due 5/23/97; IPTR submitted by 5/23/97; Rule 16 scheduling conference is set for 6/5/97 at 10:30 am on 6/5/97 (cc: all counsel) (seal) (Entered: 05/02/1997) |
| 05/23/1997 | 8 | NOTICE by plaintiffs (re initial pretrial report) (dmw) (Entered: 05/23/1997) |
| 05/23/1997 | 9 | MOTION by plaintiff for order to accept discovery plan (dmw) (Entered: 05/23/1997) |
| 06/03/1997 | 10 | MINUTE ORDER: striking Initial Pre-Trial Report filed 5/23/97 for failure to comply with scheduling order filed by Magistrate Svet [8-1] CLK-mm (cc: all counsel) (msm) (Entered: 06/03/1997) |
| 06/04/1997 | 11 | MOTION by plaintiffs for summary judgment (dmw) (Entered: 06/04/1997) |
| 06/06/1997 | 12 | CLERK'S MINUTES: before Magistrate Don J. Svet ; Rule 16 scheduling conference was held (pz) (Entered: 06/06/1997) |
| 06/09/1997 | 13 | MOTION by plaintiff to accept discovery plan of plaintiffs as an unopposed motion before the Court (dmw) (Entered: 06/09/1997) |
| 06/09/1997 | 14 | RESPONSE by defendants to motion to accept discovery plan of plaintiffs as an unopposed motion before the Court [13-1] (dmw) (Entered: 06/10/1997) |
| 06/11/1997 | 15 | ORDER by Magistrate Don J. Svet ; Discovery cutoff 9/3/97 ; Motion Filing cutoff 9/23/97; Pretrial order ddl 11/18/97 FURTHER ORDERED that discovery in this matter shall only be undertaken upon obtaining Court permission; See Order for specifics (cc: all counsel) (pz) Modified on 06/13/1997 (Entered: 06/11/1997) |
| 06/13/1997 | 16 | REPLY by plaintiffs to response to motion to accept discovery plan of plaintiffs as an unopposed motion before the Court [13-1] (dmw) (Entered: 06/13/1997) |
| 06/19/1997 | 17 | RESPONSE by defendant to motion for summary judgment [11-1] (dmw) (Entered: 06/19/1997) |
| 06/24/1997 | 18 | MOTION by pltfs to remove (strike) docket sheet entry 14 and associated response (kd) (Entered: 06/25/1997) |
| 06/24/1997 | 19 | MOTION by pltfs for order to restore pltfs' civil rights (kd) (Entered: 06/25/1997) |
| 07/08/1997 | 20 | REPLY by pltfs to response to mtn for summary judgment [11-1] (kd) (Entered: 07/08/1997) |
| 09/23/1997 | 21 | MOTION by defts to dismiss pltf Arthur R. Morales (kd) (Entered: 09/23/1997) |
| 09/23/1997 | 22 | MEMORANDUM by defts in support of mtn to dismiss pltf Arthur R. Morales [21-1] (kd) (Entered: 09/23/1997) |
| 10/03/1997 | 23 | MOTION by defendant for partial dismissal , and for summary judgment (dmw) Modified on 10/03/1997 (Entered: 10/03/1997) |
| 10/06/1997 | 24 | RESPONSE by plaintiffs to motion to dismiss pltf Arthur R. Morales [21-1] (dmw) (Entered: 10/06/1997) |
| 10/07/1997 | 25 | ORDER by Magistrate Don J. Svet denying as moot plaintiffs' motion to accept discovery plan of plaintiffs as an unopposed motion before the Court [13-1] & for order to accept discovery plan [9-1] (cc: all counsel) (dmw) (Entered: 10/07/1997) |
| 10/15/1997 | 26 | MOTION for Extension by plaintiffs to respond to motion for partial dismissal [23-1] & for summary judgment until 10/31/97 & resetting time limits for discovery [23-2] (dmw) (Entered: 10/15/1997) |
| 10/15/1997 | 27 | REPLY by deft to response to memorandum in support of motion to dismiss pltf Arthur R. Morales [21-1] (dmw) (Entered: 10/16/1997) |
| 10/23/1997 | 28 | MOTION & memorandum by defendant to strike any and all of plaintiffs' first set of requests for admissions to various employees of the National Security Agency & to various employees of Sandia National Laboratory (dmw) (Entered: 10/23/1997) |
| 10/31/1997 | 29 | MOTION DENY (RESPONSE) by plaintiffs to motion for partial dismissal [23-1] and for summary judgment [23-2] (dmw) (Entered: 10/31/1997) |
| 10/31/1997 | 30 | RESPONSE by plaintiffs to memorandum in support of motion for partial dismissal [23-1] and for summary judgment [23-2] (dmw) (Entered: 10/31/1997) |
| 11/05/1997 | 31 | RESPONSE by plaintiffs to motion to strike any and all of plaintiffs' first set of requests for admissions to various employees of the National Security Agency & to various employees of Sandia National Laboratory [28-1] (dmw) (Entered: 11/06/1997) |
| 11/14/1997 | 32 | REPLY by defendant to response to motion for partial dismissal [23-1] & for summary judgment [23-2] (dmw) (Entered: 11/17/1997) |
| 11/28/1997 | 33 | ANSWER (SURREPLY) by plaintiffs to cross-claim reply to response to motion for partial dismissal [23-1] & for summary judgment [23-2] (dmw) (Entered: 11/28/1997) |
| 12/22/1997 | 34 | MOTION by plaintiffs for summary judgment based on evidence from admissions (dmw) (Entered: 12/22/1997) |
| 01/05/1998 | 35 | RESPONSE by defendant to motion for summary judgment based on evidence from admissions [34-1] (dmw) Modified on 03/13/1998 (Entered: 01/06/1998) |
| 01/20/1998 | 36 | REPLY by plaintiffs to response to motion for summary judgment based on evidence from admissions [34-1] (dmw) (Entered: 01/20/1998) |
| 01/28/1998 | 37 | ORDER by Magistrate Don J. Svet granting defendant's motion to strike any and all of plaintiffs' first set of requests for admissions to various employees of the National Security Agency & to various employees of Sandia National Laboratory (see order for further specifics re sanctions & communication) [28-1] (cc: all counsel, electronically) (dmw) (Entered: 01/28/1998) |
| 02/09/1998 | 38 | AFFIDAVIT of attorney fees by Jan Elizabeth Mitchell in accordance with court order [37-1] (dmw) Modified on 02/12/1998 (Entered: 02/10/1998) |
| 02/10/1998 | 39 | ORDER by Magistrate Don J. Svet denying as moot plaintiffs' motion to remove docket sheet entry 14 and associated response [18-1] (cc: all counsel, electronically) (dmw) (Entered: 02/11/1998) |
| 02/19/1998 | 40 | RESPONSE by plaintiffs to orders & affidavit of attorney fees (dmw) (Entered: 02/19/1998) |
| 03/10/1998 | 41 | ORDER sua sponte by Magistrate Don J. Svet that plaintiffs shall pay defendant $625.00 in sanctions within 20 days of entry of this order (cc: all counsel, electronically) (dmw) (Entered: 03/10/1998) |
| 04/30/1998 | 42 | MEMORANDUM, OPINION, AND ORDER: by Senior Judge Santiago E. Campos; sua sponte the deft is deemed by the Court to be NSA, and not Lt Gen Kenneth A Minihan, future captions for this case should reflect this change; and FURTHER denying as moot pltfs' motion for summary judgment based on evidence from admissions [34-1]; denying deft Minihan's motion for partial dismissal [23-1], and staying deft Minihan's motion for summary judgment pending an in camera ex parte declaration consistent herewith provided by deft to the Court within 60 days of the date of this opinion [23-2], granting deft Minihan's motion to dismiss pltf Arthur R. Morales [21-1]; and denying without prejudice pltfs' motion for summary judgment [11-1]; as further described herein (cc: all counsel) (pz) (Entered: 04/30/1998) |
| 05/08/1998 | 43 | MOTION by plaintiffs to amend memorandum opinion & order filed 4/30/98 (dmw) (Entered: 05/11/1998) |
| 05/21/1998 | 44 | MEMORANDUM, OPINION, AND ORDER: by Senior Judge Santiago E. Campos denying pltf's motion to amend memorandum opinion & order filed 4/30/98 [43-1] (cc: all counsel, electronically) (dmw) (Entered: 05/22/1998) |
| 05/28/1998 | 45 | MOTION & objection to in camera ex parte meeting by plaintiff to amend memorandum opinion & order (dmw) (Entered: 05/28/1998) |
| 06/09/1998 | 46 | NOTICE OF INTERLOCUTORY APPEAL by plaintiff William H Payne from Dist. Court decision [44-1]; Fees paid - Distribution as required (cc: all counsel) (pz) Modified on 06/10/1998 (Entered: 06/10/1998) |
| 06/09/1998 | RECEIVED re appeal [46-1] fee in amount of $105.00 (Receipt # 100 110699) (notice sent to USCA) (pz) Modified on 06/10/1998 (Entered: 06/10/1998) | |
| 06/10/1998 | LETTER to USCA transmitting preliminary record on appeal (pz) (Entered: 06/10/1998) | |
| 06/10/1998 | 47 | NOTICE OF INTERLOCUTORY APPEAL by pltfs William H Payne and Arthur R Morales from Dist. Court decision [42-1] ; Fees paid - Distribution required. (cc: all counsel) (pz) (Entered: 06/10/1998) |
| 06/10/1998 | RECEIVED re appeal of pltfs Payne and Morales [47-1] fee in amount of $105.00 (Receipt #100 110700) (notice sent to USCA) (pz) (Entered: 06/10/1998) | |
| 06/10/1998 | LETTER to USCA transmitting preliminary record on appeal of pltfs Payne and Morales (pz) (Entered: 06/10/1998) | |
| 06/12/1998 | 48 | MOTION & memorandum by defendant to tax fees (dmw) (Entered: 06/15/1998) |
| 06/12/1998 | 49 | BILL OF COSTS submitted by defendant in the amount of $625.00 (dmw) (Entered: 06/15/1998) |
| 06/17/1998 | ACKNOWLEDGEMENT of receipt of preliminary record in by USCA on 6/12/98 re appeal of Payne, et al vs Minihan - USCA Number: 98-2157 (pz) (Entered: 06/17/1998) | |
| 06/17/1998 | ACKNOWLEDGEMENT of receipt of preliminary record in by USCA on 6/12/98 re appeal Payne vs NSA - USCA Number: 98-2156 (pz) (Entered: 06/17/1998) | |
| 06/22/1998 | 50 | MOTION & memorandum by defendant to remand pltf's first FOIA request with instructions , and to stay proceedings (dmw) (Entered: 06/22/1998) |
| 06/30/1998 | 51 | RESPONSE by plaintiff to motion to remand first FOIA request with instructions [50-1] & to stay proceedings [50-2] (dmw) (Entered: 06/30/1998) |
| 06/30/1998 | TAXED COSTS for defendant in the amount of $ 625.00 against plaintiff (cc: all counsel) (mjr) (Entered: 06/30/1998) | |
| 06/30/1998 | ABSTRACT OF JUDGMENT DOCKET issued to defendant in the amount of $625.00 (mjr) (Entered: 06/30/1998) | |
| 12/17/1998 | 52 | COPY of USCA Order: dismissing the appeals for lack of appellate jurisdiction [47-1] and [46-1] (pz) (Entered: 12/17/1998) |
| 01/06/1999 | 53 | APPLICATION by USA for Writ of Garnishment in the amount of $625.00 (former employee) (Entered: 01/06/1999) |
| 01/06/1999 | 54 | NOTICE (Instructions) to Sandia Corporation, Garnishee regarding the Writ of Garnishment (former employee) (Entered: 01/06/1999) |
| 01/06/1999 | WRIT of Garnishment issued to Sandia Corporation in the amount of $625.00 (former employee) (Entered: 01/06/1999) | |
| 01/06/1999 | 55 | CLERK'S NOTICE issued to debtor of post-judgment garnishment and instructions; CLERK/jg (former employee) (Entered: 01/06/1999) |
| 02/02/1999 | 56 | CERTIFICATE by defendant of service of documents on judgment debtor on 2/2/99 (dmw) (Entered: 02/02/1999) |
| 02/17/1999 | 57 | MEMORANDUM, OPINION, AND ORDER: by Senior Judge Santiago E. Campos denying motion to amend the Memorandum Opinion & Order filed 5/28/98 [45-1] by William H Payne (cc: all counsel) (mjr) Modified on 02/19/1999 (Entered: 02/17/1999) |
| 02/17/1999 | 58 | MEMORANDUM, OPINION, AND ORDER: by Senior Judge Santiago E. Campos; the Court's decision on deft's motion to remand of pltf's first FOIA request [50-1] and request for stay of judicial proceedings [50-2] filed on 6/22/98 is deferred; deft shall have fifteen (15) days from the date of this Opinion to submit to the Court a detailed affidavit(s) and any other documents or supporting evidence establishing the reasonableness of the estimated search fee charged pltf for his first FOIA request and the estimated search time underlying that fee; within ten (10) days of deft's submission pltf may respond with detailed affidavits and/or other documentary or supporting evidence; within ten (10) days of pltf's submission deft may reply with any further documentary or factually supportive evidence (cc: all counsel) (mjr) (Entered: 02/17/1999) |
| 02/22/1999 | 59 | USM RETURN OF SERVICE executed upon Sandia Corporation on 2/17/99 (sl) (Entered: 02/22/1999) |
| 02/23/1999 | 60 | ANSWER of garnishee (dmw) (Entered: 02/23/1999) |
| 03/03/1999 | 61 | NOTICE by defendant of compliance with memorandum opinion and order dated 2/17/99 (dmw) (Entered: 03/04/1999) |
| 03/11/1999 | LETTER from Arthur R Morales addressed to John J. Kelly requesting hearing on writ of garnishment re sanctions (msm) Modified on 03/11/1999 (Entered: 03/11/1999) | |
| 03/12/1999 | 62 | AFFIDAVIT of William H. Payne in response to order [58-1] (dmw) (Entered: 03/12/1999) |
| 03/24/1999 | 63 | AFFIDAVIT of William H. Payne regarding order [58-1] (mjr) (Entered: 03/29/1999) |
| 03/26/1999 | 64 | REPLY by defendant re affidavit in reponse to Memorandum Opinion and Order [58-1] (mjr) (Entered: 03/29/1999) |
| 03/30/1999 | 65 | MEMORANDUM, OPINION AND ORDER: by Senior Judge Santiago E. Campos partially granting motion to remand pltf's first FOIA to NSA as to its first request [50-1], and denying as moot the motion to stay proceedings [50-2] (cc: all counsel) (former employee) (Entered: 03/30/1999) |
| 03/30/1999 | 66 | ORDER of partial remand to the National Security Agency for processing of Pltf's first FOIA request by Senior Judge Santiago E. Campos re [50-1] (cc: all counsel) (former employee) (Entered: 03/30/1999) |
| 04/20/1999 | 67 | ORDER OF GARNISHMENT by Magistrate Judge Don J. Svet (cc: all counsel) (dmw) (Entered: 04/20/1999) |
| 06/24/1999 | 68 | NOTICE by USA of withdrawal of garnishment proceedings (jrm) (Entered: 06/28/1999) |
| 06/24/1999 | 69 | SATISFACTION OF JUDGMENT as to defendant (jrm) (Entered: 06/28/1999) |
| 07/20/1999 | 70 | NOTICE of hearing setting ex-parte in-camera hearing on 9/20/99 at 1:30 pm before Judge Santiago E Campos in Santa Fe, NM (cc: all counsel, electronically) (dmw) (Entered: 07/20/1999) |
| 09/13/1999 | 71 | MINUTE ORDER: resetting ex parte in-camera hearing on 10/12/99 at 9:30 am before Judge Santiago E Campos [70-1] (cc: all counsel, electronically) (dmw) (Entered: 09/13/1999) |
| 10/27/1999 | 72 | MEMORANDUM, OPINION, AND ORDER: by Senior Judge Santiago E. Campos granting motion for summary judgment [23-2] dismissing case (cc: all counsel) (msm) (Entered: 10/27/1999) |
| 10/27/1999 | 73 | SUMMARY JUDGMENT: by Senior Judge Santiago E. Campos (cc: all counsel) (msm) (Entered: 10/27/1999) |
| 11/09/1999 | 74 | MOTION by plaintiff to alter & amend memorandum opinion & order (dmw) (Entered: 11/10/1999) |
| 11/19/1999 | 75 | OPPOSITION (RESPONSE) by defendant to motion to alter & amend memorandum opinion & order [74-1] (dmw) (Entered: 11/19/1999) |
| 12/01/1999 | 76 | REPLY by plaintiff to response in opposition to motion to alter & amend memorandum opinion & order [74-1] (dmw) (Entered: 12/01/1999) |
| 12/23/1999 | 77 | MEMORANDUM, OPINION, AND ORDER: by Senior Judge Santiago E. Campos denying motion to alter & amend memorandum opinion & order [74-1] by William H Payne (cc: all counsel*) (dmw) (Entered: 12/27/1999) |
| 01/03/2000 | 78 | NOTICE OF APPEAL by pltf William H Payne from Dist. Court decisions [77-1], [73-1], [72-2]; Fees paid - Distribution as required. (cc: all counsel) (pz) (Entered: 01/05/2000) |
| 01/05/2000 | RECEIVED re appeal [78-1] fee in amount of $ 105.00 (Receipt # 100 117097) (notice sent to USCA) (pz) (Entered: 01/05/2000) | |
| 01/10/2000 | LETTER transmitting PROA/ROA to USCA (former employee) (Entered: 01/10/2000) | |
| 01/10/2000 | PRELIMINARY RECORD on appeal mailed to USCA in one (1) Volume 1 (former employee) (Entered: 01/10/2000) | |
| 01/11/2000 | 79 | NOTICE of correction by plaintiff (dmw) (Entered: 01/11/2000) |
| 01/18/2000 | ACKNOWLEDGEMENT of receipt of preliminary record/record on appeal by USCA on 1/14/00 - USCA Number: 00-2019 (former employee) (Entered: 01/18/2000) | |
| 12/13/2000 | 80 | COPY of judgment from USCA affirming the decision of the District Court [78-1] (mjr) (Entered: 12/13/2000) |
| 05/16/2007 | 81 | MOTION to Set Aside Judgment by William H Payne, Arthur R Morales. (pz) (Entered: 05/18/2007) |
| 05/16/2007 | 82 | MANDATORY JUDICIAL NOTICE by William H Payne and Arthur R Morales (pz) (Entered: 05/18/2007) |
| 05/29/2007 | 83 | RESPONSE in Opposition re 81 MOTION to Set Aside Judgment filed by National Security Agency. (Mitchell, Jan) (Entered: 05/29/2007) |
| 06/12/2007 | 84 | MOTION for Extension of Time to File response to any document filed between June 5 through June 22, 2007, due to unavailability, by William H Payne, Arthur R Morales. (pz) (Entered: 06/12/2007) |
| 06/12/2007 | 85 | REPLY to Response to Motion re 81 MOTION to Set Aside Judgment filed by William H Payne, Arthur R Morales. (pz) (Entered: 06/12/2007) |
| 06/12/2007 | 86 | MINUTE ORDER, Judge M. Christina Armijo added. Judge Santiago E. Campos no longer assigned to case. (ln) (Entered: 06/12/2007) |
| 06/14/2007 | 87 | ORDER of Reference by Judge Martha Vazquez (jmg) (Entered: 06/14/2007) |
| 06/15/2007 | 88 | MINUTE ORDER STRIKING 87 Order of REFERENCE Due to case being assigned to District Judge Armijo. by Judge Martha Vazquez THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. (jmg) (Entered: 06/15/2007) |
| 06/21/2007 | 89 | ORDER REFERRING MOTION: 81 MOTION to Set Aside Judgment filed by William H Payne, Arthur R Morales to Chief Magistrate Judge Lorenzo F. Garcia by Judge M. Christina Armijo (jes) (Entered: 06/21/2007) |
| 06/21/2007 | 90 | MINUTE ORDER REASSIGNING CASE. Case reassigned to Judge Lorenzo F. Garcia for discovery purposes. (ln) (Entered: 06/21/2007) |
| 06/21/2007 | 91 | MOTION for Order to Void Judgment for Lack of Jurisdiction by plaintiffs William H Payne and Arthur R Morales. (ln) (Entered: 06/21/2007) |
| 07/06/2007 | 92 | ORDER TO SHOW CAUSE by Judge Lorenzo F. Garcia (ln) (Entered: 07/06/2007) |
| 07/26/2007 | 93 | MOTION for Reconsideration from 89 the order of referal by William H Payne, Arthur R Morales. (ln) (Entered: 07/26/2007) |
| 07/26/2007 | 94 | NOTICE and authorities to void order of reference for lack of jurisdiction by William H Payne, Arthur R Morales (ln) (Entered: 07/26/2007) |
| 07/31/2007 | 95 | REPORT AND RECOMMENDATION for Sanctions and Striking of Documents by Chief Magistrate Judge Lorenzo F. Garcia. Objections to R&R due by 8/17/2007 (clm) (Entered: 07/31/2007) |
| 07/31/2007 | 96 | ERRATA - Regarding Doc. 95, recommendation on page 13, Plaintiffs may file objections to the Court's Report and Recommendation pursuant to 28 U.S.C. Section 636(b)(1). (clm) (Entered: 07/31/2007) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 08/06/2007 13:10:02 | |||
| PACER Login: | bp0858 | Client Code: | |
| Description: | Docket Report | Search Criteria: | 1:97-cv-00266-MCA-LFG |
| Billable Pages: | 5 | Cost: | 0.40 |