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23 May 1998
Source: Electronic records of New Mexico District Court via PACER
See related case files: http://jya.com/whpfiles.htm
Accessing PACER on 05/23/98 at 14:25:05.
Public Access to Court Electronic Records
Docket Report Output Menu
Docket for case 6:97cv00266 consists of 5 pages.
Case was last updated on: 05/22/98 . Report was generated on: 5/22/98 .
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Docket as of May 22, 1998 9:10 pm Page 1
Proceedings include all events.
6:97cv266 Payne, et al v. Minihan, et al DISC REFE
MTNDDL
DISC REFER
MTNDDL
U.S. District Court
for the District of New Mexico (Santa Fe)
CIVIL DOCKET FOR CASE #: 97-CV-266
Payne, et al v. Minihan, et al Filed: 02/28/97
Assigned to: Senior Judge Santiago E. Campos ury demand: Plaintiff
Referred to: Magistrate Don J. Svet
Demand: $0,000 Nature of Suit: 895
Lead Docket: None Jurisdiction: US Defendant
Cause: 05:552 Freedom of Information Act
WILLIAM H PAYNE William H Payne
plaintiff [COR LD NTC pse] [PRO SE]
13015 Calle de Sandias, NE
Albuquerque, NM 87111
(505) 292-7037
ARTHUR R MORALES Arthur R Morales
plaintiff [term 04/30/98]
[term 04/30/98] [COR LD NTC pse] [PRO SE]
1024 Los Arboles, NW
Albuquerque, NM 87107
(505) 345-1381
v.
KENNETH A MINIHAN, Lieutenant Jan E. Mitchell, Esq.
General, USAF Director [term 04/30/98]
defendant [COR LD NTC ret]
[term 04/30/98] US Attorney's Office
District of New Mexico
PO Box 607
Albuquerque, NM 87103
(505) 766-3341
FTS 766-8517
NATIONAL SECURITY AGENCY Jan E. Mitchell, Esq.
defendant (See above)
[COR LD NTC ret]
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Docket as of May 22, 1998 9:10 pm Page 2
Proceedings include all events.
6:97cv266 Payne, et al v. Minihan, et al DISC REFE
MTNDDL
2/28/97 1 COMPLAINT (referred to Magistrate Don J. Svet) (pz)
[Entry date 03/04/97]
3/4/97 -- FILING FEE PAID: on 2/28/97 in the amount of $150.00,
receipt #: 100 105110. (pz)
3/17/97 2 DEMAND for jury trial by plaintiffs (dmw)
[Entry date 03/18/97]
4/1/97 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)
4/1/97 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)
4/4/97 5 ANSWER by defendant [1-1] (dmw) [Entry date 04/07/97]
4/24/97 6 REPLY & affidavit by plaintiffs to answer to complaint
[5-1] (dmw) [Entry date 04/25/97]
5/2/97 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)
5/23/97 8 NOTICE by plaintiffs (re initial pretrial report) (dmw)
5/23/97 9 MOTION by plaintiff for order to accept discovery plan (dmw)
6/3/97 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)
6/4/97 11 MOTION by plaintiffs for summary judgment (dmw)
6/6/97 12 CLERK'S MINUTES: before Magistrate Don J. Svet ; Rule 16
scheduling conference was held (pz)
6/9/97 13 MOTION by plaintiff to accept discovery plan of plaintiffs
as an unopposed motion before the Court (dmw)
6/9/97 14 RESPONSE by defendants to motion to accept discovery plan
of plaintiffs as an unopposed motion before the Court
[13-1] (dmw) [Entry date 06/10/97]
6/11/97 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) [Edit date 06/13/97]
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Docket as of May 22, 1998 9:10 pm Page 3
Proceedings include all events.
6:97cv266 Payne, et al v. Minihan, et al DISC REFE
MTNDDL
6/13/97 16 REPLY by plaintiffs to response to motion to accept
discovery plan of plaintiffs as an unopposed motion before
the Court [13-1] (dmw)
6/19/97 17 RESPONSE by defendant to motion for summary judgment [11-1]
(dmw)
6/24/97 18 MOTION by pltfs to remove (strike) docket sheet entry 14
and associated response (kd) [Entry date 06/25/97]
6/24/97 19 MOTION by pltfs for order to restore pltfs' civil rights (kd
[Entry date 06/25/97]
7/8/97 20 REPLY by pltfs to response to mtn for summary judgment
[11-1] (kd)
9/23/97 21 MOTION by defts to dismiss pltf Arthur R. Morales (kd)
9/23/97 22 MEMORANDUM by defts in support of mtn to dismiss pltf
Arthur R. Morales [21-1] (kd)
10/3/97 23 MOTION by defendant for partial dismissal, and for
summary judgment (dmw) [Edit date 10/03/97]
10/6/97 24 RESPONSE by plaintiffs to motion to dismiss pltf Arthur R.
Morales [21-1] (dmw)
10/7/97 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)
10/15/97 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)
10/15/97 27 REPLY by deft to response to memorandum in support of
motion to dismiss pltf Arthur R. Morales [21-1] (dmw)
[Entry date 10/16/97]
10/23/97 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)
10/31/97 29 MOTION DENY (RESPONSE) by plaintiffs to motion for partial
dismissal [23-1] and for summary judgment [23-2] (dmw)
10/31/97 30 RESPONSE by plaintiffs to memorandum in support of motion
for partial dismissal [23-1] and for summary judgment
[23-2] (dmw)
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Docket as of May 22, 1998 9:10 pm Page 4
Proceedings include all events.
6:97cv266 Payne, et al v. Minihan, et al DISC REFE
MTNDDL
11/5/97 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)
[Entry date 11/06/97]
11/14/97 32 REPLY by defendant to response to motion for partial
dismissal [23-1] & for summary judgment [23-2] (dmw)
[Entry date 11/17/97]
11/28/97 33 ANSWER (SURREPLY) by plaintiffs to cross-claim reply to
response to motion for partial dismissal [23-1] & for
summary judgment [23-2] (dmw)
12/22/97 34 MOTION by plaintiffs for summary judgment based on
evidence from admissions (dmw)
1/5/98 35 RESPONSE by defendant to motion for summary judgment based
on evidence from admissions [34-1] (dmw)
[Entry date 01/06/98] [Edit date 03/13/98]
1/20/98 36 REPLY by plaintiffs to response to motion for summary
judgment based on evidence from admissions [34-1] (dmw)
1/28/98 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
2/9/98 38 AFFIDAVIT of attorney fees by Jan Elizabeth Mitchell in
accordance with court order [37-1] (dmw)
[Entry date 02/10/98] [Edit date 02/12/98]
2/10/98 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)
[Entry date 02/11/98]
2/19/98 40 RESPONSE by plaintiffs to orders & affidavit of attorney
fees (dmw)
3/10/98 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)
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Docket as of May 22, 1998 9:10 pm Page 5
Proceedings include all events.
6:97cv266 Payne, et al v. Minihan, et al DISC REFE
MTNDDL
4/30/98 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)
5/8/98 43 MOTION by plaintiffs to amend memorandum opinion & order
filed 4/30/98 (dmw) [Entry date 05/11/98]
5/21/98 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) [Entry date 05/22/98]
[END OF DOCKET: 6:97cv266]