Case details

Court: dcd
Docket #: 1:08-cv-01872
Case Name: AGUIRRE v. SECURITIES AND EXCHANGE COMMISSION
PACER case #: 133797
Date filed: 2008-10-29
Date terminated: 2010-07-13
Date of last filing: 2010-07-13
Assigned to: Judge Ellen S. Huvelle
Case Cause: 05:552 Freedom of Information Act
Nature of Suit: 895 Freedom of Information Act
Jury Demand: Plaintiff
Jurisdiction: U.S. Government Defendant

Parties

Represented Party Attorney & Contact Info
GARY J. AGUIRRE
Plaintiff
 
Scott Allan Hodes
SCOTT A. HODES, ATTORNEY AT LAW
P.O. Box 42002
Washington, DC 20015
(301) 404-0502
Fax: (413) 641-2833
Email: infoprivacylaw@yahoo.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Gary J. Aguirre
444 West C Street
Suite 210
San Diego, CA 92101
(619) 564-4444
Fax: (619) 595-3150
PRO HAC VICE
ATTORNEY TO BE NOTICED
SECURITIES AND EXCHANGE COMMISSION
Defendant
 
John G. Interrante
U.S. ATTORNEY'S OFFICE FOR THE DISTRICT OF COLUMBIA
555 Fourth Street, NW
Washington, DC 20530
(202) 252-2519
Fax: (202) 252-2599
Email: john.interrante@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2008-10-29 1 0 COMPLAINT against SECURITIES AND EXCHANGE COMMISSION ( Filing fee $ 350, receipt number 4616015974) filed by GARY J. AGUIRRE. (Attachments: # 1 Civil Cover Sheet)(jf, ) (Entered: 11/03/2008) 2017-08-30 12:18:53 ed633b24be0b6957bde3e51f7ce742c3254e4b67
1 1 Civil Cover Sheet
2008-10-29 2 0 NOTICE OF RELATED CASE by GARY J. AGUIRRE. Case related to Case No. 06-1260. (jf, ) (Entered: 11/03/2008)
2009-02-12 3 0 AMENDED COMPLAINT against SECURITIES AND EXCHANGE COMMISSION filed by GARY J. AGUIRRE. (Attachments: # 1 Exhibit)(jf, ) (Entered: 02/13/2009)
2009-02-23 4 0 AFFIDAVIT of Service re 3 Amended Complaint by GARY J. AGUIRRE. (jf, ) (Entered: 02/26/2009)
2009-03-10 5 0 NOTICE of Appearance by John G. Interrante on behalf of SECURITIES AND EXCHANGE COMMISSION (Interrante, John) (Entered: 03/10/2009)
2009-03-26 6 0 NOTICE of Appearance by Scott Allan Hodes on behalf of GARY J. AGUIRRE (Hodes, Scott) (Entered: 03/26/2009)
2009-03-26 7 0 Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Gary J. Aguirre, :Address- 402 West Broadway, Suite 400, San Diego, CA 92101. Phone No. - 619-595-3197. Fax No. - 619-595-3150 by GARY J. AGUIRRE (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Hodes, Scott) (Entered: 03/26/2009)
2009-04-01 8 0 Consent MOTION to Amend/Correct Complaint by GARY J. AGUIRRE (Attachments: # 1 Second Amended Complaint, # 2 Text of Proposed Order)(Hodes, Scott) (Entered: 04/01/2009)
2009-04-01 9 0 SECOND AMENDED COMPLAINT against SECURITIES AND EXCHANGE COMMISSION filed by GARY J. AGUIRRE.(jf, ) (Entered: 04/02/2009)
2009-05-15 10 0 Consent MOTION for Extension of Time to File a Status Report and for Defendant to Answer or Otherwise Repond to Second Amended Complaint by SECURITIES AND EXCHANGE COMMISSION (Attachments: # 1 Text of Proposed Order)(Interrante, John) (Entered: 05/15/2009)
2009-06-30 11 0 Consent MOTION for Extension of Time to File Answer and Status Report by SECURITIES AND EXCHANGE COMMISSION (Attachments: # 1 Text of Proposed Order)(Interrante, John) (Entered: 06/30/2009)
2009-08-12 12 0 Joint MOTION for Extension of Time to File Status Report and all other pending deadlines by SECURITIES AND EXCHANGE COMMISSION (Attachments: # 1 Text of Proposed Order)(Interrante, John) (Entered: 08/12/2009)
2009-08-13 13 0 ERRATA by GARY J. AGUIRRE 12 Joint MOTION for Extension of Time to File Status Report and all other pending deadlines filed by SECURITIES AND EXCHANGE COMMISSION. (Hodes, Scott) (Entered: 08/13/2009)
2009-09-14 14 0 STATUS REPORT by GARY J. AGUIRRE. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Hodes, Scott) (Entered: 09/14/2009)
2009-09-14 15 0 MOTION for Extension of Time to File Status Report by SECURITIES AND EXCHANGE COMMISSION (Attachments: # 1 Text of Proposed Order)(Interrante, John) (Entered: 09/14/2009)
2009-09-14 16 0 MOTION to Dismiss in Part by SECURITIES AND EXCHANGE COMMISSION (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Interrante, John) (Entered: 09/14/2009)
2009-09-15 17 0 Memorandum in opposition to re 15 MOTION for Extension of Time to File Status Report filed by GARY J. AGUIRRE. (Hodes, Scott) (Entered: 09/15/2009)
2009-09-17 18 0 Unopposed MOTION for Extension of Time to file Opposition to the Defendant's Motion to Dismiss by GARY J. AGUIRRE (Attachments: # 1 Text of Proposed Order)(Hodes, Scott) (Entered: 09/17/2009)
2009-10-02 19 0 STATUS REPORT Pursuant to Court Order of September 18, 2009 by GARY J. AGUIRRE. (Hodes, Scott) (Entered: 10/02/2009)
2009-10-16 20 0 Memorandum in opposition to re 16 MOTION to Dismiss in Part filed by GARY J. AGUIRRE. (Attachments: # 1 Conditional Objection to Judicial Notice, # 2 Declaration, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Text of Proposed Order)(Hodes, Scott) (Entered: 10/16/2009)
2009-10-22 21 0 MOTION for Extension of Time to File Response/Reply as to 16 MOTION to Dismiss in Part by SECURITIES AND EXCHANGE COMMISSION (Attachments: # 1 Text of Proposed Order)(Interrante, John) (Entered: 10/22/2009)
2009-10-26 22 0 Memorandum in opposition to re 21 MOTION for Extension of Time to File Response/Reply as to 16 MOTION to Dismiss in Part filed by GARY J. AGUIRRE. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Hodes, Scott) (Entered: 10/26/2009)
2009-10-26 23 0 REPLY to opposition to motion re 21 MOTION for Extension of Time to File Response/Reply as to 16 MOTION to Dismiss in Part filed by SECURITIES AND EXCHANGE COMMISSION. (Interrante, John) (Entered: 10/26/2009)
2009-11-09 24 0 REPLY to opposition to motion re 16 MOTION to Dismiss in Part filed by SECURITIES AND EXCHANGE COMMISSION. (Interrante, John) (Entered: 11/09/2009)
2009-11-17 25 0 MOTION for Leave to File Sur-Reply by GARY J. AGUIRRE (Attachments: # 1 Sur-Reply, # 2 Text of Proposed Order)(Hodes, Scott) (Entered: 11/17/2009)
2009-11-30 26 0 Memorandum in opposition to re 25 MOTION for Leave to File Sur-Reply filed by SECURITIES AND EXCHANGE COMMISSION. (Interrante, John) (Entered: 11/30/2009)
2009-12-02 27 0 MEMORANDUM AND OPINION. Signed by Judge Ellen S. Huvelle on December 2, 2009. (AG) (Entered: 12/02/2009)
2009-12-02 28 0 ORDER denying 25 Plaintiff's Motion for Leave to File a Surreply and, for the reasons stated in an accompanying memorandum, granting in part and denying in part 16 Defendant's Motion to Dismiss. The following claims are DISMISSED: plaintiff's due process claim based on his termination; plaintiff's Privacy Act requests made on May 27, 2008; and plaintiff's Privacy Act requests (15), (16) and (18), made on November 24, 2008. The following claims are STAYED pending the outcome of proceedings before the MSPB: plaintiff's due process claim based on damage to his reputation; and plaintiff's claims for damages under the Privacy Act. Defendant shall provide a status report regarding each of plaintiff's three FOIA requests on or before December 23, 2009, and plaintiff may file a response of no more than seven pages to defendant's status report, on or before January 6, 2010. A status conference is set for January 14, 2010, at 10 a.m. in Courtroom 14. Signed by Judge Ellen S. Huvelle on December 2, 2009. (AG, ) (Entered: 12/02/2009)
2009-12-23 29 0 STATUS REPORT by SECURITIES AND EXCHANGE COMMISSION. (Interrante, John) (Entered: 12/23/2009)
2010-01-06 30 0 RESPONSE re 29 STATUS REPORT by GARY J. AGUIRRE. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Hodes, Scott) Modified on 1/7/2010 to correct docket event/text (jf, ). (Entered: 01/06/2010)
2010-01-14 31 0 ORDER. The government shall file its motion for summary judgment on or before March 1, 2010, plaintiff shall file his response on or before March 29, 2010, and the government shall file its reply on or before April 12, 2010. The parties shall file a joint status report following the government's production of documents in the MSPB case. Signed by Judge Ellen S. Huvelle on January 14, 2010. (lcesh1) (Entered: 01/14/2010)
2010-02-25 32 0 MOTION for Extension of Time to File Motion for Summary Judgment in Part by SECURITIES AND EXCHANGE COMMISSION (Attachments: # 1 Text of Proposed Order)(Interrante, John) (Entered: 02/25/2010)
2010-03-15 33 0 MOTION for Order Preserving Certain Exemptions by SECURITIES AND EXCHANGE COMMISSION (Attachments: # 1 Text of Proposed Order)(Interrante, John) (Entered: 03/15/2010)
2010-03-15 34 0 MOTION for Partial Summary Judgment by SECURITIES AND EXCHANGE COMMISSION (Attachments: # 1 Statement of Facts, # 2 Declaration Bradford E. Ali, # 3 Declaration Jonathan Streeter, # 4 Text of Proposed Order)(Interrante, John) (Entered: 03/15/2010)
2010-04-01 35 0 Memorandum in opposition to re 33 MOTION for Order Preserving Certain Exemptions filed by GARY J. AGUIRRE. (Attachments: # 1 Text of Proposed Order)(Hodes, Scott) (Entered: 04/01/2010)
2010-04-12 36 0 Memorandum in opposition to re 34 MOTION for Partial Summary Judgment filed by GARY J. AGUIRRE. (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Statement of Facts, # 23 Text of Proposed Order)(Hodes, Scott) (Entered: 04/12/2010)
2010-04-12 37 0 Cross MOTION for Summary Judgment (Partial) by GARY J. AGUIRRE (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Statement of Facts, # 23 Text of Proposed Order)(Hodes, Scott) (Entered: 04/12/2010)
2010-04-12 38 0 REPLY to opposition to motion re 33 MOTION for Order Preserving Certain Exemptions filed by SECURITIES AND EXCHANGE COMMISSION. (Interrante, John) (Entered: 04/12/2010)
2010-04-23 39 0 Consent MOTION for Extension of Time to File Response/Reply as to 34 MOTION for Partial Summary Judgment, 37 Cross MOTION for Summary Judgment (Partial)Cross MOTION for Summary Judgment (Partial) by SECURITIES AND EXCHANGE COMMISSION (Attachments: # 1 Text of Proposed Order)(Interrante, John) (Entered: 04/23/2010)
2010-05-12 40 0 REPLY to opposition to motion re 34 MOTION for Partial Summary Judgment filed by SECURITIES AND EXCHANGE COMMISSION. (Attachments: # 1 Statement of Facts Defendant's Response to Plaintiff's Statement of Material Facts Not in Genuine Dispute, # 2 Exhibit 1 - Supplemental Declaration of Bradford Ali, # 3 Exhibit Declaration of James Goldman)(Interrante, John) (Entered: 05/12/2010)
2010-05-12 41 0 Memorandum in opposition to re 37 Cross MOTION for Summary Judgment (Partial)Cross MOTION for Summary Judgment (Partial) (Duplicate Entry -- See Docket Entry 40) filed by SECURITIES AND EXCHANGE COMMISSION. (Interrante, John) (Entered: 05/12/2010)
2010-05-26 42 0 REPLY to opposition to motion re 34 MOTION for Partial Summary Judgment filed by GARY J. AGUIRRE. (Attachments: # 1 Exhibit)(Hodes, Scott) (Entered: 05/26/2010)
2010-06-03 43 0 NOTICE of Change of Circumstances by GARY J. AGUIRRE re 40 Reply to opposition to Motion, 34 MOTION for Partial Summary Judgment, 38 Reply to opposition to Motion, 36 Memorandum in Opposition,, 42 Reply to opposition to Motion, 35 Memorandum in Opposition, 41 Memorandum in Opposition, 37 Cross MOTION for Summary Judgment (Partial)Cross MOTION for Summary Judgment (Partial) (Hodes, Scott) (Entered: 06/03/2010)
2010-06-16 44 0 NOTICE OF SUPPLEMENTAL AUTHORITY by SECURITIES AND EXCHANGE COMMISSION (Attachments: # 1 Exhibit 1 - Final Judgment as to Pequot and Samberg, # 2 Exhibit 2 - Second Suppl Decl of Bradford E. Ali)(Interrante, John) (Entered: 06/16/2010)
2010-06-21 45 0 Consent MOTION for Extension of Time to submit filings required by Court's June 18, 2010 Minute Order by SECURITIES AND EXCHANGE COMMISSION (Attachments: # 1 Text of Proposed Order)(Interrante, John) (Entered: 06/21/2010)
2010-06-28 46 0 Consent MOTION for Extension of Time to Comply with Deadlines in Court's June 18, 2010 Minute Order by SECURITIES AND EXCHANGE COMMISSION (Attachments: # 1 Text of Proposed Order)(Interrante, John) (Entered: 06/28/2010)
2010-07-13 47 0 STIPULATION of Dismissal with Prejudice by SECURITIES AND EXCHANGE COMMISSION. (Interrante, John) (Entered: 07/13/2010)