New Hampshire District Court
Judge:Paul J Barbadoro
Referred: Talesha L Saint-Marc
Case #: 1:25-cv-00042
Nature of Suit899 Other Statutes - Administrative Procedure Act/Review or Appeal of Agency Decision
Cause05:551 Administrative Procedure Act
Case Filed:Jan 23, 2025
Terminated:Mar 27, 2026
Last checked: Tuesday Jul 22, 2025 4:29 AM EDT
Defendant
US Army, Secretary
Represented By
Raphael Katz
Us Attorney'S Office (nh)
contact info
Plaintiff
Jeffrey Machado
Represented By
Lawrence A. Vogelman
contact info
Dana Montalto
Legal Services Center Of Harvard Law School
contact info
Daniel Nagin
Legal Services Center Of Harvard Law School
contact info

GPO Mar 26 2026
///MEMORANDUM & ORDER denying 25 Motion for Summary Judgment; granting 17 Motion for Summary Judgment. The clerk shall enter judgment accordingly and close the case. So Ordered by Judge Paul J. Barbadoro.(jwb)
GPO Sep 18 2026
ORDER re 33 Motion for Attorney Fees. Machado's motion for fees and costs, Doc. 33, is granted in part and denied in part. Machado is awarded $20,322 in attorney's fees and $405 in costs incurred. So Ordered by Judge Paul J. Barbadoro.(ko)

Docket last updated: 09/27/2026 11:59 PM EDT
Friday, September 18, 2026
37 37 11 pgs order Order on Motion for Attorney Fees Fri 09/18 5:13 PM
ORDER re 33 Motion for Attorney Fees. Machado's motion for fees and costs, Doc. 33, is granted in part and denied in part. Machado is awarded $20,322 in attorney's fees and $405 in costs incurred. So Ordered by Judge Paul J. Barbadoro.(ko)
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Monday, July 20, 2026
36 36 respm Objection to Motion Mon 07/20 9:36 PM
OBJECTION to33 MOTION for Attorney Fees under Equal Access to Justice Act filed by US Army, Secretary. Follow up on Reply on 7/27/2026. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Dronzek, Anna)
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Monday, July 06, 2026
35 35 motion Extend Time to Object/Respond Mon 07/06 11:34 AM
Assented to MOTION to Extend Time to Object/Respond to33 MOTION for Attorney Fees under Equal Access to Justice Act to July 20, 2026 filed by US Army, Secretary.(Dronzek, Anna)
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order Order on Motion to Extend Time to Object/Respond Mon 07/06 3:53 PM
ENDORSED ORDER granting 35 Motion to Extend Time to Object/Respond re 33 Motion for Attorney Fees. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro. (jwb)
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Wednesday, July 01, 2026
34 34 misc Miscellaneous Filing Mon 07/06 10:09 AM
Receipt of Conventionally filed Administrative Record by AUSA Anna Dronzek. (jwb)
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Monday, June 22, 2026
33 33 motion Attorney Fees Mon 06/22 10:39 AM
MOTION for Attorney Fees under Equal Access to Justice Act filed by Jeffrey Machado.Follow up on Objection on 7/6/2026. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Montalto, Dana)
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Friday, June 05, 2026
32 32 trial Return of Exhibits Fri 06/05 9:39 AM
Return of Conventionally filed Administrative Record to AUSA Anna Dronzek. Compliance Deadline set for 7/6/2026.(jwb)
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Friday, March 27, 2026
31 31 order Judgment Fri 03/27 2:11 PM
JUDGMENT is hereby entered in accordance with 30 Order on Motion for Summary Judgment. Signed by Tracy A. Uhrin, Clerk of Court. (Case Closed) (jwb)
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Thursday, March 26, 2026
30 30 36 pgs order Order on Motion for Summary Judgment Fri 03/27 8:13 AM
///MEMORANDUM & ORDER denying 25 Motion for Summary Judgment; granting 17 Motion for Summary Judgment. The clerk shall enter judgment accordingly and close the case. So Ordered by Judge Paul J. Barbadoro.(jwb)
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Monday, March 09, 2026
minutes Motion Hearing Mon 03/09 12:05 PM
Minute Entry for proceedings held before Judge Paul J. Barbadoro. MOTION HEARING held on 3/9/2026 re25 MOTION for Summary Judgment and Objection to Plaintiff's Motion for Summary Judgment ,17 MOTION for Summary Judgment. Matter taken under advisement, order to issue. (Court Reporter: Susan Bateman) (Pltfs Atty: Drew Lane, Dana Montalto, Robert Kirsch) (Defts Atty: Anna Dronzek, Major Jon Kopecky)(Total Hearing Time: 1 hour 30 minutes) (jwb)
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Tuesday, March 03, 2026
order Order on Motion to Continue Tue 03/03 12:57 PM
ENDORSED ORDER RE 28 Motion to Continue Oral Argument. Text of Order: Granted to the extent that the hearing is rescheduled to March 9, 2026. So Ordered by Judge Paul J. Barbadoro. Motion Hearing set for 3/9/2026 10:00 AM before Judge Paul J. Barbadoro.(jwb)
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Monday, March 02, 2026
29 29 respm Response - not to Motion Mon 03/02 8:30 PM
RESPONSE re26 Memorandum in Opposition to Motion, Related [+] filed by US Army, Secretary. (Dronzek, Anna)
Related: [-] ply in Support of Def's MSJ
28 28 motion Continue Mon 03/02 5:44 PM
Assented to MOTION to Continue Oral Argument filed by US Army, Secretary.Follow up on Objection on 3/16/2026. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Dronzek, Anna)
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Tuesday, February 24, 2026
27 27 motion Hearing Tue 02/24 8:52 AM
Assented to MOTION for Hearing on Cross Motions for Summary Judgment filed by Jeffrey Machado.(Montalto, Dana)
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order Order on Motion for Hearing Tue 02/24 4:00 PM
ENDORSED ORDER granting 27 Motion for Hearing re 25 Motion for Summary Judgment, 17 Motion for Summary Judgment,. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro. Motion Hearing set for 3/11/2026 10:00 AM before Judge Paul J. Barbadoro.(jwb)
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Thursday, January 29, 2026
26 26 24 pgs respm Memorandum in Opposition to Motion Thu 01/29 8:05 PM
MEMORANDUM in Opposition re25 MOTION for Summary Judgment and Objection to Plaintiff's Motion for Summary Judgment ,17 MOTION for Summary Judgment Reply filed by Jeffrey Machado. Follow up on Reply on 2/5/2026. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Montalto, Dana)
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Tuesday, December 09, 2025
25 25 motion Summary Judgment Tue 12/09 12:02 AM
MOTION for Summary Judgment and Objection to Plaintiff's Motion for Summary Judgment filed by US Army, Secretary. Attorney Anna Dronzek added to party US Army, Secretary(pty:dft).Follow up on Objection on 1/8/2026. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Dronzek, Anna)
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Att: 1 Memorandum of Law
Monday, December 01, 2025
24 24 misc Miscellaneous Filing Mon 12/01 12:07 PM
Notice of Appearance by Law Student Drew Lane by Jeffrey Machado(Montalto, Dana)
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Thursday, November 20, 2025
order Order on Motion to Extend Time Fri 11/21 9:22 AM
ENDORSED ORDER granting 23 Motion to Extend Time and Lift Stay. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro. Defendant's Summary Judgment Motion due by 12/8/2025. Plaintiff's Opposition to Defendant's Motion for Summary Judgment/Reply to Defendant's Opposition due 1/29/2026. Defendant's Reply to Plaintiff's Opposition due 3/2/2026. (jwb)
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Friday, November 14, 2025
23 23 motion Extend Time Fri 11/14 2:11 PM
Joint Assented to MOTION to Extend Time and Lift Stay filed by Jeffrey Machado.(Montalto, Dana)
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Thursday, October 02, 2025
order Order on Motion to Stay Thu 10/02 12:21 PM
ENDORSED ORDER granting re 22 MOTION to Stay Briefing Deadlines in Light of the US Government Shutdown. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro. (ko)
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Wednesday, October 01, 2025
22 22 motion Stay Wed 10/01 2:10 PM
MOTION to Stay Briefing Deadlines in Light of the US Government Shutdown filed by US Army, Secretary.Follow up on Objection on 10/15/2025. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Katz, Raphael)
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Wednesday, September 10, 2025
order Order on Motion to Extend Time Wed 09/10 3:16 PM
ENDORSED ORDER granting 21 Motion to Extend Time to file Briefs set forth in the Joint Amended Briefing Schedule. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro. (jwb)
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Tuesday, September 09, 2025
21 21 motion Extend Time Tue 09/09 12:27 PM
Joint Assented to MOTION to Extend Time to file Briefs set forth in the Joint Amended Briefing Schedule Related [+] filed by US Army, Secretary.(Katz, Raphael)
Related: [-] places Document No. 20
20 20 motion Extend Time Tue 09/09 10:01 AM
MOTION to Extend Time to file Briefs set forth in the parties Joint Amended Briefing Schedule filed by US Army, Secretary.Follow up on Objection on 9/23/2025. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Katz, Raphael)
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utility Terminate Motions PUBLIC Tue 09/09 2:16 PM
Motions terminated:20 MOTION to Extend Time to file Briefs set forth in the parties Joint Amended Briefing Schedule filed by US Army, Secretary. MOTION REFILED. SEE DOC. NO. 21 (jwb)
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Tuesday, August 26, 2025
order Order on Motion to Extend Time Tue 08/26 2:33 PM
ENDORSED ORDER granting 19 Motion to Extend Time to file Briefs set forth in the parties Joint Proposed Briefing Schedule. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro. (jwb)
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Monday, August 25, 2025
19 19 motion Extend Time Mon 08/25 2:52 PM
Joint Assented to MOTION to Extend Time to file Briefs set forth in the parties Joint Proposed Briefing Schedule filed by US Army, Secretary.(Katz, Raphael)
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Friday, August 15, 2025
18 18 notice Notice - Other Fri 08/15 9:11 AM
NOTICE of Conventional Filing of Supplemental Administrative Record by US Army, Secretary.(Katz, Raphael)
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Friday, July 25, 2025
17 17 motion Summary Judgment Fri 07/25 11:35 AM
MOTION for Summary Judgment filed by Jeffrey Machado. HEARING REQUESTED. Follow up on Objection on 8/25/2025. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Montalto, Dana)
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Att: 1 Memorandum of Law Memorandum of Law
Tuesday, July 22, 2025
16 16 notice Attorney Appearance Tue 07/22 4:54 PM
NOTICE of Attorney Appearance by Robert C. Kirsch on behalf of Jeffrey Machado Attorney Robert C. Kirsch added to party Jeffrey Machado(pty:pla).(Kirsch, Robert)
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Wednesday, July 09, 2025
order Order on Motion to Withdraw as Attorney Wed 07/09 12:27 PM
ENDORSED ORDER granting 15 Motion for Lawrence Vogelman to Withdraw as Attorney. Text of Order: Granted. An appearance by new local counsel must be filed within twenty-one (21) days of this order. So Ordered by Judge Paul J. Barbadoro.(jwb)
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Monday, July 07, 2025
15 15 motion Withdraw as Attorney Mon 07/07 2:34 PM
Assented to MOTION for Lawrence Vogelman to Withdraw as Attorney filed by Jeffrey Machado.(Vogelman, Lawrence)
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Tuesday, June 17, 2025
14 14 notice Notice - Other Tue 06/17 10:56 AM
NOTICE of Conventional Filing of Administrative Record by US Army, Secretary.(Katz, Raphael)
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Monday, June 16, 2025
order Order on Motion for Miscellaneous Relief Mon 06/16 4:26 PM
ENDORSED ORDER granting 13 Motion Joint Proposed Briefing Schedule. Text of Order: Granted. The joint proposed briefing schedule is approved. So Ordered by Judge Paul J. Barbadoro.(jwb)
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Thursday, June 12, 2025
13 13 motion Miscellaneous Relief Thu 06/12 10:44 AM
Assented to MOTION Joint Proposed Briefing Schedule filed by Jeffrey Machado.(Montalto, Dana)
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Thursday, May 22, 2025
order Endorsed Order - not on motion ~Util - Set Deadlines Thu 05/22 4:04 PM
ENDORSED ORDER RE 12 Answer to Complaint. Text of Order: The parties shall file a proposed briefing schedule on or before June 20, 2025. So Ordered by Judge Paul J. Barbadoro.(jwb)
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Tuesday, May 20, 2025
12 12 answer Answer to Complaint Tue 05/20 3:29 PM
ANSWER to1 Complaint - New Case filed by US Army, Secretary.(Katz, Raphael)
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Wednesday, February 12, 2025
11 11 service Summons - Waiver Issued Wed 02/12 11:12 AM
Summons issued electronically as to US Army, Secretary. NOTICE: Counsel shall print and serve the summons and all attachments in accordance with Fed. R. Civ. P. 4.(ed)
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Att: 1 Notice ECF
Tuesday, February 11, 2025
10 10 service Summons-Waiver - Request for Issuance Tue 02/11 9:17 AM
REQUEST FOR ISSUANCE OF SUMMONS/WAIVER by Jeffrey Machado(Vogelman, Lawrence)
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Monday, February 10, 2025
9 9 service Summons-Waiver - Request for Issuance Mon 02/10 2:58 PM
REQUEST FOR ISSUANCE OF SUMMONS/WAIVER by Jeffrey Machado(Vogelman, Lawrence)
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Thursday, February 06, 2025
8 8 notice Attorney Appearance Thu 02/06 2:37 PM
NOTICE of Attorney Appearance by Dana Montalto on behalf of Jeffrey Machado Attorney Dana Montalto added to party Jeffrey Machado(pty:pla).(Montalto, Dana)
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Wednesday, February 05, 2025
7 7 notice Attorney Appearance Wed 02/05 6:38 PM
NOTICE of Attorney Appearance by Daniel Nagin on behalf of Jeffrey Machado Attorney Daniel Nagin added to party Jeffrey Machado(pty:pla).(Nagin, Daniel)
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Monday, February 03, 2025
6 6 notice Attorney Appearance Mon 02/03 8:23 AM
NOTICE of Attorney Appearance by Lawrence A. Vogelman on behalf of Jeffrey Machado Dana Montalto, Esq. (Vogelman, Lawrence)
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notice ECF - Filing Error - Info Only Mon 02/03 8:54 AM
NOTICE of ECF Filing Error re:6 Notice of Attorney Appearance filed by Jeffrey Machado. The login and password used must equal the /s/ name on the pleading. Attorney Dana Montalto shall refile the appearance using their login and password. (jwb)
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Friday, January 31, 2025
5 5 service Summons - Waiver Issued Fri 01/31 8:27 AM
Notice of Lawsuit/Waiver issued electronically as to US Army, Secretary. NOTICE: Counsel shall print and serve the notice/waiverand all attachments in accordance with Fed. R. Civ. P. 4.(ed)
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Att: 1 Notice ECF
Thursday, January 30, 2025
4 4 notice Notice - Other Thu 01/30 4:21 PM
NOTICE of a Lawsuit and Request to Waive Service of a Summons by Jeffrey Machado.(Vogelman, Lawrence)
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Tuesday, January 28, 2025
notice Notice - ECF Tue 01/28 10:49 AM
NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click [LINK:HERE] . (ed)
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order Order on Motion to Appear Pro Hac Vice Tue 01/28 2:20 PM
ENDORSED ORDER granting 2 Motion to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by US Magistrate Judge Talesha L. Saint-Marc. The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(ed)
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order Order on Motion to Appear Pro Hac Vice Tue 01/28 2:20 PM
ENDORSED ORDER granting 3 Motion to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by US Magistrate Judge Talesha L. Saint-Marc. The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(ed)
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Friday, January 24, 2025
3 3 motion Appear Pro Hac Vice Fri 01/24 2:49 PM
MOTION for Daniel L. Nagin, Esq. to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2595251.) filed by Jeffrey H. Machado.Follow up on Objection on 2/7/2025. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Vogelman, Lawrence)
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Thursday, January 23, 2025
2 2 motion Appear Pro Hac Vice Thu 01/23 2:07 PM
MOTION for Dana Montalto, Esq. to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2594678.) filed by Jeffrey H. Machado.Follow up on Objection on 2/6/2025. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Vogelman, Lawrence)
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1 1 25 pgs cmp Complaint - New Case Thu 01/23 1:53 PM
NEW CASE/ COMPLAINT Filing fee $ 405, receipt number ANHDC-2594659 filed by Jeffrey H. Machado.(Vogelman, Lawrence)
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Att: 1 Civil Cover Sheet
utility Case Assigned Tue 01/28 10:44 AM
Case assigned to Judge Paul J. Barbadoro and US Magistrate Judge Talesha L. Saint-Marc. The case designation is: 1:25-cv-42-PB-TSM. Please show this number with the judge designation on all future pleadings. (ed)
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