Case 6:12-mc-00047-JA-DAB Document 2 Filed 04/26/12
Jed Margolin, Pro Se
1981 Empire Rd.
VC
Telephone: 775-847-7845
Email: jm@jmargolin.com
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF
|
JED MARGOLIN,
Plaintiff,
vs.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION,
Defendant. |
) ) ) ) ) ) ) ) ) ) ) ) |
Case No. ______________________
MOTION FOR WRIT OF EXECUTION; PROPOSED WRIT OF EXECUTION. |
Comes now Plaintiff, Jed Margolin (“Margolin”), appearing pro se, and files his Motion for Writ of Execution against the National Aeronautics and Space Administration (“NASA”).
Background
A. This Motion arises from a Freedom of Information Act action, Case Number 3:09-cv-00421-LRH-(VPC), heard in U.S. District Court For the District of Nevada. In an Order released November 4, 2011 the Nevada District Court ordered NASA to pay Margolin costs of $525.06 . See Exhibit 1 at 7. The original certified copy of the Order, along with Form AO451 is enclosed separately.
B. In that Order (id.) the Nevada District Court ruled that Margolin had substantially prevailed.
C. The “Openness Promotes Effectiveness in the National Government Act of 2007,” also referred to as the OPEN Government Act of 2007 (Public Law 110-175 – December 31, 2007), amended several procedural aspects of the Freedom of Information Act. Section 4(b) requires that when a complainant has substantially prevailed the Agency must pay assessed costs from agency funds. The costs are not to be paid by the Claims and Judgment Fund of the United States Treasury. (See Public Law 110-175 Section 4(b) - RECOVERY OF ATTORNEY FEES AND LITIGATION COSTS.)
D. On January 6, 2012 Margolin sent an email to various NASA staff, including General Counsel Michael C. Wholley and NASA Deputy Administrator Lori Garver. See Exhibit 2 at 11. In part of that email Margolin reminded NASA that they had not complied with the Court’s Order to pay him $525.06. Margolin sent the email using the “Request Read Receipt” feature of Windows Mail. Margolin received a Read Receipt from several recipients but not from Mr. Wholley. See Exhibit 3 at 14-17. This shows that NASA’s mail server received Margolin’s email but that several recipients refused to acknowledge receiving it. Margolin received no response to his email. That constitutes bad faith by NASA.
E. On February 6, 2012 Margolin filed two motions in U.S. District Court for the District of Nevada: Motion to Compel NASA to Disclose Assets in the State of Nevada (USDC-Nevada Document 74) and Motion Requesting NASA Be Held in Contempt (USDC-Nevada Document 75).
F. On February 22, 2012 NASA filed their Response to Motion to Compel NASA to Disclose Assets in the State of Nevada (USDC-Nevada Document 76) and Response to Motion Requesting NASA Be Held in Contempt (USDC-Nevada Document 77).
In NASA’s Response to Motion to Compel NASA to Disclose Assets in the State of Nevada (USDC-Nevada Document 76) they argued:
This Court awarded Plaintiff $525.06 in costs in an order dated November 3,
2011. (#73). NASA had 60 days to appeal from that
order. F.R.A.P. 4(a) (giving federal agency 60 days to file notice of appeal).
NASA did not complete its evaluation of whether to appeal from the judgment
awarding Plaintiff costs until early January 2012. (Vance
Dec. ¶ 4). Moreover, the government generally requires at least eight weeks
to process a judgment for payment. (Vance
Dec. ¶ 5). Given the 60-day appeal time and the eight-week period to
process the judgment for payment, NASA anticipates that Plaintiff will be paid
in March 2012. (Vance Dec. ¶ 6). Because NASA fully
intends to pay Plaintiff, there is no need to require NASA to disclose its
G. As of the date of this Motion (Margolin’s Motion For Writ of Execution with this U.S. District Court For the Middle District of Florida) it is the end of April 2012 and NASA has not paid Margolin the Judgment ordered by U.S. District Court For the District of Nevada.
H. It is unlikely that NASA has
assets in the State of
On
the other hand, it is publicly known that NASA has assets in the Middle District
of Florida. The Space Shuttle Orbiter Atlantis is believed to be currently
located in Orbiter Processing Facility-1 (OPF-1) at the
Conclusion
For the foregoing reasons Margolin respectfully requests that this Court grant his Motion For Writ of Execution against the National Aeronautics and Space Administration so that NASA’s known assets at the Kennedy Space Center may be seized by U.S. Marshalls and sold at public auction in order to satisfy NASA’s debt.
Respectfully submitted,
/Jed Margolin/
Jed Margolin, plaintiff pro se
1981 Empire Rd.
VC
775-847-7845
jm@jmargolin.com
Dated: April 24, 2012
Certificate of Mailing
I hereby certify that a copy of the foregoing MOTION FOR WRIT OF EXECUTION has been sent by first-class mail to the following addressee on April 24, 2012:
HOLLY A. VANCE
Assistant
/Jed Margolin/
Jed Margolin