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          Docket for case  6:97cv00266  consists of  5  pages.

  Case was last updated on:  05/28/98 .  Report was generated on:   5/28/98 .


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PACER session date: Saturday May 30, 1998 05:45:38 PM MDT
Case docket was last updated on: 05/28/98.


Docket as of May 28, 1998 10:12 pm               Page 1

Proceedings include all events.
6:97cv266     Payne, et al v. Minihan, et al                      DISC   REFER
                                                                  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]




Docket as of May 28, 1998 10:12 pm               Page 2

Proceedings include all events.
6:97cv266     Payne, et al v. Minihan, et al                      DISC   REFER
                                                                  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]



Docket as of May 28, 1998 10:12 pm               Page 3

Proceedings include all events.
6:97cv266     Payne, et al v. Minihan, et al                      DISC   REFER
                                                                  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)




Docket as of May 28, 1998 10:12 pm               Page 4

Proceedings include all events.
6:97cv266     Payne, et al v. Minihan, et al                      DISC   REFER
                                                                  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)




Docket as of May 28, 1998 10:12 pm               Page 5

Proceedings include all events.
6:97cv266     Payne, et al v. Minihan, et al                      DISC   REFER
                                                                  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]

5/28/98  45      MOTION & objection to in camera ex parte meeting by
                 plaintiff to amend memorandum opinion & order (dmw)

[END OF DOCKET: 6:97cv266]


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