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CURRENT FEATURE

U.S. District Court (LAHR V. NTSB & CIA)
CENTRAL DISTRICT OF
CALIFORNIA (Western Division - Los Angeles)
CIVIL DOCKET FOR CASE #: 2:03-cv-08023-AHM-RZ

H Ray Lahr v. Natl Trans Safety Bd, et al
Assigned to: Judge A. Howard Matz
Referred to: Discovery Ralph Zarefsky
Demand: $0
Cause: 05:552 Freedom of Information Act
 

Date Filed: 11/06/2003
Jury Demand: None
Nature of Suit: 895 Freedom of Information Act
Jurisdiction:
U.S. Government Defendant
 

Date Filed

Docket #

Docket Text

07/06/04

 

OPPOSITION TO MOTION FOR PARTIAL SUMMARY JUDGMENT and EXHIBITS [27] filed by plaintiff H. Ray Lahr.  Motion set for hearing on 8/2/2004 at 10:00 AM before Honorable A. Howard Matz.  Filed Amended Statement of Genuine Issues.

 

 

NOTICE OF LODGING AND LODGING of 4 (four) Videotapes in Opposition to Partial Summary Judgment  [27]:  [ONE – EXPERTS TRT:  16.5 min]: Captain H. Ray Lahr Ret (1:45); Dr. Vernon Gross & Aug. 2000 hearing (2:44); Colonel Lawrence Pence U.S. Air Force Ret (1:05); Admiral Clarence A. Hill, Jr. Ret (2:45); Commander William S. Donaldson USN/Ret (1:20); Thomas Stalcup Ph.D. & Aug. 2000 hearing (3:05);  [TWO – EXPERT EYEWITNESSES TRT:  72:00 min]: James K. Kallstrom DIC FBI NYFO (0:42); Captain Richard Russell Ret. (0:35); James Sanders (2:56); James Speer ALPA (6:45); Hank Hughes NTSB (1:05); Dwight Brumley USN Ret (1:40); Cap David McClaine (0:08); Aug. 2000 hearing & Major Fred Meyer Ret (51:00);  Aug. 2000 hearing & Paul Angelides (3:10); Aug. 2000 hearing & Mike Wire (2:29); Lisa Perry (0:35); Marge Krugar (0:30); Aug. 2000 hearing re witness 649 (0:27)  [THREE – ANIMATIONS  TRT: 9.5 min]:  CIA/NTSB animation "What did the eyewitnesses see?" (6:03); NTSB Animation "Flight Path View" (0:36); NTSB Animation "Flight Path View From Ground" (0:27)  [FOUR – UNOFFICIAL ANIMATIONS:  TRT:  0.96 min]:  Mike Wire's View (0:17);  Missile Fire (0:11); Missile Fire close-up (0:11); surface vessel missile launch missile strike military operating zone (0:47); TWA-800 Wing box destruction (0:10); Witness 649 Animation (0:05).

06/10/2004

26

STIPULATION AND ORDER by Judge A. Howard Matz: Dismissed with prejudice: (1) All of Plaintiffs claims as to the names and identifying information of Boeing employees which is being withheld in NTSB Records numbered 1,2,3,4,5,6,7,8,9,10,12,13,16,25 in Exhibit V of the Vaughn index filed on 5/19/04 (and in the Errata to the Vaughn index filed on 5/21/04); (2) All of Plaintiffs claims as to information being withheld in NTSB Records numbered 12,13,19 and 21 in Exhibit V of the Vaughn index filed on 5/19/04. In addition Plaintiff is hereby withdrawing Plaintiffs 10/8/03 FOIA requests numbered 74,78,84,85,86,87,88,89,90,91,92,93,94,98,99,104,105,106,107,108,109,110,111,112,113,114,121,128,135,142,149. This Order inures also to the benefit of Defendant Central Intelligence Agency.(ir, ) (Entered: 06/14/2004)

06/08/2004

27

NOTICE OF MOTION AND MOTION for Partial Summary Judgment filed by defendant National Transportation Safety Board. Motion set for hearing on 8/2/2004 at 10:00 AM before Honorable A. Howard Matz. Lodged Proposed Order and Statement of Uncontroverted Facts. (nhac, ) (Entered: 06/15/2004)

05/21/2004

25

NOTICE OF FILING AND FILING OF ERRATA filed by Defendants Central Intelligence Agency, National Transportation Safety Board to NTSB Vaughn Index [23] (ir, ) (Entered: 05/28/2004)

05/19/2004

23

NOTICE of Filing and Filing of NTSB Vaughn Index filed by Defendants Central Intelligence Agency, National Transportation Safety Board. (ir, ) (Entered: 05/24/2004)

05/18/2004

22

ORDER by Judge A. Howard Matz Granting Defendant NTSB Ex Parte Application to extend time to file its Vaughn Index. Time for Defendant NTSB to file and serve its Vaughn index be extended to and including 5/19/04. All other dates previously scheduled regarding the NTBS remain in effect.(ir, ) (Entered: 05/19/2004)

05/14/2004

24

EX PARTE APPLICATION to Extend Time to File its Vaughn Index filed by defendants National Transportation Safety Board and Central Intelligence Agency. Lodged Proposed Order. (gk, ) (Entered: 05/25/2004)

05/13/2004

20

ORDER by Judge A. Howard Matz: Defendant motion to stay proceedings [15] as to the CIA only is hereby granted. The action continues to proceed against the NTSB. This order pertains to the CIA only and all deadlines regarding the NTSB shall remain in tact. Court retains jurisdiction and hereby ORDERS that the CIA will have the additional time it has requested. CIA will have to and including 2/28/05 to complete its processing of the CIA-originated records (not requring third agency coordination) responsive to Plaintiffs requests and provide a written response to Plaintiff. CIA will file a status report with the Court on Monday 3/14/05 as to the status of response as to any records where coordination with other agencies was necessary if such coordination was not completed by 2/28/05. The Status report shall propose the date by which the Vaughn index will be filed. No hearing is necessary. FRCP 78; Local Rule 7-15. (ir, ) (Entered: 05/13/2004)

05/11/2004

19

MINUTES: (IN CHAMBERS) Due to the Courts calendar, Court continues Defendant CIA motion for Stay of Proceedings [15] (Filed 4/20/04) from Monday 5/17/04 to Tuesday 5/18/2004 at 10:00 AM by Judge A. Howard Matz Court Reporter: Not Reported. (ir, ) (Entered: 05/11/2004)

05/07/2004

21

REPLY in support of its motion for Stay of Proceedings [15] filed by Defendants Central Intelligence Agency, National Transportation Safety Board.; Supplemental Declaration of Alan W Tate and Exhibit 1 attached thereto. (ir, ) (Entered: 05/17/2004)

05/05/2004

18

Order by Judge A. Howard Matz: Granting Defendant CIA Ex Parte application for Defendant Central Intelligence Agency to file its reply in support of its motion to stay proceedings [15] be extended to and including 5/6/04. The 5/10/04 hearing [17] is continued to Monday 5/17/04 at 10:00. (ir, ) (Entered: 05/06/2004)

05/04/2004

17

EX PARTE APPLICATION to extend time to file its reply in support of its motion to stay proceedings filed by Defendants Central Intelligence Agency, National Transportation Safety Board. Lodged Order. (ir, ) (Entered: 05/06/2004)

04/29/2004

16

OPPOSITION to Defendant CIA motion to Stay proceedings [15] filed by Plaintiff H Ray Lahr. (ir, ) (Entered: 05/06/2004)

04/20/2004

15

NOTICE OF MOTION AND MOTION to Stay Case pending completion of processing plaintiffs Freedom of Information Act requests to CIA; memorandum; declarations of Alan W Tate, Jan L Luymes filed by defendants Central Intelligence Agency, National Transportation Safety Board. Motion set for hearing on 5/10/2004 at 10:00 AM before Honorable A. Howard Matz. (lc, ) (Entered: 04/26/2004)

04/12/2004

14

SCHEDULING ORDER by Judge A. Howard Matz,(1) With regard to the FOIA requests to the CIA, the CIA will file its open America motion on 4/19/04 for hearing on 5/10/04.(2) With regard to the FOIA requests to the NTSB, the parties will follow this schedule: 5/17/04 NTSB files its Vaughn index; 5/24/04 Last day for parties to engage in local rule 7-3 meeting; 6/7/04 NTSB files its motion for summary judgment; 6/21/04 plaintiff chooses last day to file a motion; 7/6/04 If plaintiff files a motion to take deposition of Dennis Crider last day for defendant NTSB to file; 7/6/04 IF plaintiff does not file a motion to take deposition, last day for plaintiff to file opposition to defendant NTSB's motion for summary judgment; 7/19/04 Plaintiff files an opposition.; 8/2/04 hearing on motion for summary judgment. (yc, ) (Entered: 04/13/2004)

04/05/2004

13

SCHEDULING AND CASE MANAGEMENT ORDER (See document for further details) by Judge A. Howard Matz (ir, ) (Entered: 04/06/2004)

04/05/2004

12

MINUTES: Scheduling Conference held. Court suggest the following briefing schedule: Government shall file its "Open America" motion pertaining to the CIA not later than 4/19/04 together with a declaration containing the factual basis for the motion and a proposed schedule for the Vaughn Index/disclosures; Government shall file its NTSB Vaughn Index not later than 5/17/04; Government shall file its NTSB summary judgment motion not later than 6/7/04. Opposition thereto shall be filed not later than 7/6/04, reply shall be filed not later than 7/20/04 with the motion noticed for hearing on 8/2/04. Also Court shortens the meet and confer requirement under Local Rule 7-3 to 14 days. Parties shall submit by not later than 4/12/04 a stipulation and order regarding the above briefing schedule. Parties agree that the Government shall be the moving party on all forthcoming summary judgment motions. Court orders the parties to file a new updated comprehensive Vaughn Index. Court advises counsel that it is not inclined to grant motions to extend page limits and declines the parties request to appoint a special master. Counsel were personally served a copy of the Scheduling and Case Management Order filed this date. However no pretrial and trial dates were set at this time by Judge A. Howard Matz Court Reporter: Gail Peeples. (ir, ) (Entered: 04/06/2004)

03/30/2004

11

JOINT Rule 26(f) Report filed; estimated length of trial 3 Court days. (ir, ) (Entered: 04/01/2004)

01/30/2004

10

ORDER by Judge A. Howard Matz Setting Rule 26(f) Scheduling Conference for 4/5/2004 01:30 PM ; Parties are reminded of their obligations to disclose information to confer on a discovery plan not later than 21 days prior to the scheduling conference and to file a report with the Court entitled "Joint Rule 26(f) Report" not later than 14 days after they confer; Failure to comply with the following requirements or to cooperate in the preparation of the Joint Rule 26(f) Report may lead to the imposition of sanctions (See document for further details)(ir, ) (Entered: 02/02/2004)

01/23/2004

9

NOTICE of Interested Parties filed by Defendants Central Intelligence Agency, National Transportation Safety Board. (jp, ) (Entered: 01/28/2004)

01/23/2004

8

ANSWER TO FIRST AMENDED COMPLAINT filed by defendants Central Intelligence Agency, National Transportation Safety Board.(jp, ) (Entered: 01/28/2004)

01/07/2004

7

APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case by John Harrison Clarke of Law Offices of John H Clarke for H Ray Lahr, designating John F Dunne, Jr of Law Offices of John F Dunne Jr as local counsel. Approved by Judge A. Howard Matz. Fee Paid. (ir, ) (Entered: 01/08/2004)

12/19/2003

6

INITIAL ORDER following filing of complaint (See document for further details) by Judge A. H. Matz (ir) (Entered: 12/19/2003)

12/17/2003

5

FIRST AMENDED COMPLAINT [1-1] by plaintiff H Ray Lahr. Summons not issued (mch) (Entered: 12/18/2003)

12/17/2003

4

ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 224 (Related Case) filed. [ Related Case no.: CV 02-2668 AHM (RZx)] Case transferred from Judge Consuelo B. Marshall to Judge A. H. Matz for all further proceedings. , Case referred from Discovery Carolyn Turchin to Discovery Ralph Zarefsky The case number will now reflect the initials of the transferee Judge [ CV 03-8023 AHM (RZx)] (cc: all counsel) (kc) (Entered: 12/17/2003)

12/08/2003

 

PREPARED ORDER RE TRANSFER Pursuant to General Order 224 (Related Case) by Clerk; related to CV 02-2668 AHM (RZx) (rn) (Entered: 12/08/2003)

11/18/2003

3

NOTICE by plaintiff H Ray Lahr of related case(s) CV 02-8708 AHM (RZx) and Affidavit of Service. (rn) (Entered: 11/20/2003)

11/17/2003

 

ALIAS SUMMONS issued (60 days) (lc) (Entered: 11/18/2003)

11/06/2003

2

CERTIFICATION & NOTICE OF INTERESTED PARTIES filed by plaintiff H Ray Lahr (jag) (Entered: 11/12/2003)

11/06/2003

1

COMPLAINT filed Summons(es) issued referred to Discovery Carolyn Turchin (jag) (Entered: 11/12/2003)