MTNDDL, REFER, TERMED

U.S. District Court
District of New Mexico - Version 3.0 (Albuquerque)
CIVIL DOCKET FOR CASE #: 1:97-cv-00266-MCA-DJS


Payne, et al v. Minihan, et al
Assigned to: District Judge M. Christina Armijo
Referred to: Magistrate Judge Don J. Svet
Demand: $0
Case in other court: 00-02019
98-02156
98-02157
Cause: 05:552 Freedom of Information Act

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 byWilliam H Payne
13015 Calle de Sandias, NE
Albuquerque, NM 87111
(505) 292-7037
PRO SE
Plaintiff
Arthur R Morales
TERMINATED: 04/30/1998
represented byArthur R Morales
1734 Soplo Rd SE
Albuquerque, NM 87123-4485
PRO SE

V.
Defendant
Lieutenant General Kenneth A Minihan
USAF Director
TERMINATED: 04/30/1998
represented byJan 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 byJan Elizabeth Mitchell
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed

#

Docket Text

02/28/19971COMPLAINT (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)
03/17/19972DEMAND for jury trial by plaintiffs (dmw) (Entered: 03/18/1997)
04/01/19973CONFIRMATION (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)
04/01/19974ORDER 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)
04/04/19975ANSWER by defendant [1-1] (dmw) (Entered: 04/07/1997)
04/24/19976REPLY & affidavit by plaintiffs to answer to complaint [5-1] (dmw) (Entered: 04/25/1997)
05/02/19977INITIAL 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)
05/23/19978NOTICE by plaintiffs (re initial pretrial report) (dmw) (Entered: 05/23/1997)
05/23/19979MOTION by plaintiff for order to accept discovery plan (dmw) (Entered: 05/23/1997)
06/03/199710MINUTE 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)
06/04/199711MOTION by plaintiffs for summary judgment (dmw) (Entered: 06/04/1997)
06/06/199712CLERK'S MINUTES: before Magistrate Don J. Svet ; Rule 16 scheduling conference was held (pz) (Entered: 06/06/1997)
06/09/199713MOTION by plaintiff to accept discovery plan of plaintiffs as an unopposed motion before the Court (dmw) (Entered: 06/09/1997)
06/09/199714RESPONSE by defendants to motion to accept discovery plan of plaintiffs as an unopposed motion before the Court [13-1] (dmw) (Entered: 06/10/1997)
06/11/199715ORDER 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)
06/13/199716REPLY 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)
06/19/199717RESPONSE by defendant to motion for summary judgment [11-1] (dmw) (Entered: 06/19/1997)
06/24/199718MOTION by pltfs to remove (strike) docket sheet entry 14 and associated response (kd) (Entered: 06/25/1997)
06/24/199719MOTION by pltfs for order to restore pltfs' civil rights (kd) (Entered: 06/25/1997)
07/08/199720REPLY by pltfs to response to mtn for summary judgment [11-1] (kd) (Entered: 07/08/1997)
09/23/199721MOTION by defts to dismiss pltf Arthur R. Morales (kd) (Entered: 09/23/1997)
09/23/199722MEMORANDUM by defts in support of mtn to dismiss pltf Arthur R. Morales [21-1] (kd) (Entered: 09/23/1997)
10/03/199723MOTION by defendant for partial dismissal , and for summary judgment (dmw) Modified on 10/03/1997 (Entered: 10/03/1997)
10/06/199724RESPONSE by plaintiffs to motion to dismiss pltf Arthur R. Morales [21-1] (dmw) (Entered: 10/06/1997)
10/07/199725ORDER 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)
10/15/199726MOTION 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)
10/15/199727REPLY by deft to response to memorandum in support of motion to dismiss pltf Arthur R. Morales [21-1] (dmw) (Entered: 10/16/1997)
10/23/199728MOTION & 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)
10/31/199729MOTION DENY (RESPONSE) by plaintiffs to motion for partial dismissal [23-1] and for summary judgment [23-2] (dmw) (Entered: 10/31/1997)
10/31/199730RESPONSE by plaintiffs to memorandum in support of motion for partial dismissal [23-1] and for summary judgment [23-2] (dmw) (Entered: 10/31/1997)
11/05/199731RESPONSE 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)
11/14/199732REPLY by defendant to response to motion for partial dismissal [23-1] & for summary judgment [23-2] (dmw) (Entered: 11/17/1997)
11/28/199733ANSWER (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)
12/22/199734MOTION by plaintiffs for summary judgment based on evidence from admissions (dmw) (Entered: 12/22/1997)
01/05/199835RESPONSE by defendant to motion for summary judgment based on evidence from admissions [34-1] (dmw) Modified on 03/13/1998 (Entered: 01/06/1998)
01/20/199836REPLY by plaintiffs to response to motion for summary judgment based on evidence from admissions [34-1] (dmw) (Entered: 01/20/1998)
01/28/199837ORDER 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)
02/09/199838AFFIDAVIT of attorney fees by Jan Elizabeth Mitchell in accordance with court order [37-1] (dmw) Modified on 02/12/1998 (Entered: 02/10/1998)
02/10/199839ORDER 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)
02/19/199840RESPONSE by plaintiffs to orders & affidavit of attorney fees (dmw) (Entered: 02/19/1998)
03/10/199841ORDER 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)
04/30/199842MEMORANDUM, 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)
05/08/199843MOTION by plaintiffs to amend memorandum opinion & order filed 4/30/98 (dmw) (Entered: 05/11/1998)
05/21/199844MEMORANDUM, 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)
05/28/199845MOTION & objection to in camera ex parte meeting by plaintiff to amend memorandum opinion & order (dmw) (Entered: 05/28/1998)
06/09/199846NOTICE 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)
06/10/199847NOTICE 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)
06/12/199848MOTION & memorandum by defendant to tax fees (dmw) (Entered: 06/15/1998)
06/12/199849BILL 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)
06/22/199850MOTION & memorandum by defendant to remand pltf's first FOIA request with instructions , and to stay proceedings (dmw) (Entered: 06/22/1998)
06/30/199851RESPONSE 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)
12/17/199852COPY of USCA Order: dismissing the appeals for lack of appellate jurisdiction [47-1] and [46-1] (pz) (Entered: 12/17/1998)
01/06/199953APPLICATION by USA for Writ of Garnishment in the amount of $625.00 (former employee) (Entered: 01/06/1999)
01/06/199954NOTICE (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)
01/06/199955CLERK'S NOTICE issued to debtor of post-judgment garnishment and instructions; CLERK/jg (former employee) (Entered: 01/06/1999)
02/02/199956CERTIFICATE by defendant of service of documents on judgment debtor on 2/2/99 (dmw) (Entered: 02/02/1999)
02/17/199957MEMORANDUM, 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)
02/17/199958MEMORANDUM, 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)
02/22/199959USM RETURN OF SERVICE executed upon Sandia Corporation on 2/17/99 (sl) (Entered: 02/22/1999)
02/23/199960ANSWER of garnishee (dmw) (Entered: 02/23/1999)
03/03/199961NOTICE 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)
03/12/199962AFFIDAVIT of William H. Payne in response to order [58-1] (dmw) (Entered: 03/12/1999)
03/24/199963AFFIDAVIT of William H. Payne regarding order [58-1] (mjr) (Entered: 03/29/1999)
03/26/199964REPLY by defendant re affidavit in reponse to Memorandum Opinion and Order [58-1] (mjr) (Entered: 03/29/1999)
03/30/199965MEMORANDUM, 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)
03/30/199966ORDER 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)
04/20/199967ORDER OF GARNISHMENT by Magistrate Judge Don J. Svet (cc: all counsel) (dmw) (Entered: 04/20/1999)
06/24/199968NOTICE by USA of withdrawal of garnishment proceedings (jrm) (Entered: 06/28/1999)
06/24/199969SATISFACTION OF JUDGMENT as to defendant (jrm) (Entered: 06/28/1999)
07/20/199970NOTICE 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)
09/13/199971MINUTE 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)
10/27/199972MEMORANDUM, 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)
10/27/199973SUMMARY JUDGMENT: by Senior Judge Santiago E. Campos (cc: all counsel) (msm) (Entered: 10/27/1999)
11/09/199974MOTION by plaintiff to alter & amend memorandum opinion & order (dmw) (Entered: 11/10/1999)
11/19/199975OPPOSITION (RESPONSE) by defendant to motion to alter & amend memorandum opinion & order [74-1] (dmw) (Entered: 11/19/1999)
12/01/199976REPLY by plaintiff to response in opposition to motion to alter & amend memorandum opinion & order [74-1] (dmw) (Entered: 12/01/1999)
12/23/199977MEMORANDUM, 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)
01/03/200078NOTICE 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)
01/11/200079NOTICE 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)
12/13/200080COPY of judgment from USCA affirming the decision of the District Court [78-1] (mjr) (Entered: 12/13/2000)
05/16/200781 MOTION to Set Aside Judgment by William H Payne, Arthur R Morales. (pz) (Entered: 05/18/2007)
05/16/200782MANDATORY JUDICIAL NOTICE by William H Payne and Arthur R Morales (pz) (Entered: 05/18/2007)
05/29/200783RESPONSE in Opposition re 81 MOTION to Set Aside Judgment filed by National Security Agency. (Mitchell, Jan) (Entered: 05/29/2007)
06/12/200784 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)
06/12/200785REPLY to Response to Motion re 81 MOTION to Set Aside Judgment filed by William H Payne, Arthur R Morales. (pz) (Entered: 06/12/2007)
06/12/200786MINUTE ORDER, Judge M. Christina Armijo added. Judge Santiago E. Campos no longer assigned to case. (ln) (Entered: 06/12/2007)
06/14/200787ORDER of Reference by Judge Martha Vazquez (jmg) (Entered: 06/14/2007)



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