Skip to content

Case Detail

[Subscribe to updates]
Case TitleRIOS v. UNITED STATES OF AMERICA
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv01183
Date Filed2015-07-22
Date ClosedOpen
JudgeJudge Tanya S. Chutkan
PlaintiffALEX RIOS
Case DescriptionAlex Rios, a federal prisoner, submitted a FOIA request to DEA for records concerning an investigation of DEA Special Agent Bruce Lange's behavior during the investigation of Rios. The agency indicated that it would not process his request without third-party authorization. Rios filed an administrative appeal, but after hearing nothing further from the agency, he filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantUNITED STATES OF AMERICA
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [41]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-07-221COMPLAINT against UNITED STATES OF AMERICA filed by ALEX RIOS. (Attachments: # 1 Civil Cover Sheet)(td) (Entered: 07/23/2015)
2015-07-226SUMMONS (2) Issued as to UNITED STATES OF AMERICA, U.S. Attorney and U.S. Attorney General (td). Modified on 7/29/2015 (rd). (Entered: 07/23/2015)
2015-07-222MOTION for Leave to Proceed in forma pauperis by ALEX RIOS (td) (Entered: 07/23/2015)
2015-07-223PRISONER ACCOUNT STATEMENT by ALEX RIOS (td) (Entered: 07/23/2015)
2015-07-224MOTION to Appoint Counsel by ALEX RIOS (td) (Entered: 07/23/2015)
2015-07-225ORDER directing an initial partial filing fee from Prison Account of ALEX RIOS and GRANTING 2 Motion to Proceed In Forma Pauperis. Signed by Judge Tanya S. Chutkan on 7/21/15; (See order for further details) (td) (Entered: 07/23/2015)
2015-07-317NOTICE of Appearance by Heather D. Graham-Oliver on behalf of UNITED STATES OF AMERICA (Graham-Oliver, Heather) (Entered: 07/31/2015)
2015-08-068RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/28/2015. ( Answer due for ALL FEDERAL DEFENDANTS by 8/27/2015.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/28/15. (td) (Entered: 08/07/2015)
2015-08-279MOTION for Extension of Time to File Answer re 1 Complaint by UNITED STATES OF AMERICA (Graham-Oliver, Heather) (Entered: 08/27/2015)
2015-08-31MINUTE ORDER: Granting 9 Motion for Extension of Time to Answer. Defendant shall answer or otherwise respond to the complaint by September 24, 2015. Signed by Judge Tanya S. Chutkan on 8/31/15. (DJS) Modified on 8/31/2015 (zsm). (Entered: 08/31/2015)
2015-08-31Set/Reset Deadlines: Answer due by 9/24/2015. (zsm) (Entered: 08/31/2015)
2015-09-2410ANSWER to 1 Complaint by UNITED STATES OF AMERICA.(Graham-Oliver, Heather) (Entered: 09/24/2015)
2015-10-15MINUTE ORDER: Before the Court in this FOIA case are a complaint filed by an incarcerated plaintiff and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the Government Defendant(s) shall file a status report and proposed schedule that includes: the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a Vaughn index will be required in this case, any other pertinent issues and a proposed schedule for filing dispositive motions. The Government Defendant shall file the report and proposed schedule, along with a proposed order not later than 10/26/15. The Clerk of the Court shall mail a copy of this order using a typewritten envelope to: ALEX RIOS, 25965-077, FORREST CITY MEDIUM FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, PO BOX 3000, FORREST CITY, AR 72336. Signed by Judge Tanya S. Chutkan on 10/15/15. (DJS) (Entered: 10/15/2015)
2015-10-16Set/Reset Deadlines: Status Report due by 10/26/2015 (zsm) (Entered: 10/16/2015)
2015-11-0311ORDER denying 4 Plaintiff's Motion to Appoint Counsel (see written order for details). Signed by Judge Tanya S. Chutkan on 11/3/15.(ah) (Entered: 11/03/2015)
2015-11-0512ENTERED IN ERROR. . . . .PROPOSED BRIEFING SCHEDULE by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit A)(Graham-Oliver, Heather) Modified on 11/6/2015 (zd). (Entered: 11/05/2015)
2015-11-0513MOTION for Leave to File Proposed Scheduling Order by UNITED STATES OF AMERICA (Attachments: # 1 Exhibit A)(Graham-Oliver, Heather) (Entered: 11/05/2015)
2015-11-06NOTICE OF CORRECTED DOCKET ENTRY: re 12 Proposed Briefing Schedule was entered in error and counsel refiled said pleading as docket entry no. 13 . (td) (Entered: 11/06/2015)
2015-11-1814LEAVE TO FILE DENIED- Plaintiffs' Opposition to the Defendant Motion for Summary Judgment ("Leave to file Denied" by Judge Tanya Chutkan " The government has only filed an answer to the complaint and has not filed a motion to dismiss or a motion for summary judgment. Plaintiff may refile his responses after the Government files a motion to dismiss or motion for summary judgment.") This document is unavailable as the Court denied its filing. (td) (Entered: 11/18/2015)
2015-11-1815LEAVE TO FILE DENIED- Plaintiffs' opposition to the defendant motion to dismiss the complaint ("Leave to file Denied" by Judge Tanya Chutkan "The government has only filed an answer to the complaint and has not filed a motion to dismiss or a motion for summary judgment. Plaintiff may refile his responses after the Government files a motion to dismiss or motion for summary judgment.") This document is unavailable as the Court denied its filing. (td) (Entered: 11/18/2015)
2015-11-19MINUTE ORDER: Granting 13 Defendant's Motion for Leave to File Proposed Briefing Schedule. Defendant's Motion for Summary Judgment due by December 10, 2015. Plaintiff's response due by January 11, 2016. Defendant's Reply due by January 25, 2016. The Clerk of the Court shall mail a copy of this order using a typewritten envelope to: ALEX RIOS, 25965-077, FORREST CITY MEDIUM FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, PO BOX 3000, FORREST CITY, AR 72336. Signed by Judge Tanya S. Chutkan on 11/19/15. (DJS) (Entered: 11/19/2015)
2015-11-19Set/Reset Deadlines: Summary Judgment motions due by 12/10/2015. Response to Motion for Summary Judgment due by 1/11/2016. Reply to Motion for Summary Judgment due by 1/25/2016. (zsm) (Entered: 11/19/2015)
2015-12-1016MOTION for Extension of Time to File motion for Summary Judgment (FOIA) by UNITED STATES OF AMERICA (Graham-Oliver, Heather) (Entered: 12/10/2015)
2015-12-1017Amended MOTION for Extension of Time to File motion for Summary Judgment (FOIA) by UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Graham-Oliver, Heather) (Entered: 12/10/2015)
2015-12-14ENTERED IN ERROR.....MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues and that contains a proposed schedule and order not later than 12/30/15. Signed by Judge Tanya S. Chutkan on 12/15/15. (DJS) Modified on 12/14/2015 (zsm). (Entered: 12/14/2015)
2015-12-14Set/Reset Deadlines: Status Report due by 12/30/2015 (zsm) (Entered: 12/14/2015)
2015-12-14MINUTE ORDER denying as moot 16 Defendant's Motion for Extension of Time; granting 17 Defendant's Amended Motion for Extension of Time to File a Summary Judgment Motion. The scheduling order is amended as follows: Defendant's summary judgment motion is due by January 21, 2016; Plaintiff's opposition is due by February 29, 2016; Defendant's reply is due by March 18, 2016. SO ORDERED. Signed by Judge Tanya S. Chutkan on 12/14/15.(ah) (Entered: 12/14/2015)
2015-12-14Set/Reset Deadlines: Summary Judgment motions due by 1/21/2016. Response to Motion for Summary Judgment due by 2/29/2016. Reply to Motion for Summary Judgment due by 3/18/2016. (zsm) (Entered: 12/14/2015)
2016-01-13Partial Filing Fee Received from ALEX RIOS in the amount of $10.04, receipt number: 4616075504. (zrdj) (Entered: 01/13/2016)
2016-01-2118MOTION to Amend/Correct Set/Reset Deadlines Scheduling Order and Extension of Time by UNITED STATES OF AMERICA (Graham-Oliver, Heather) (Entered: 01/21/2016)
2016-02-02MINUTE ORDER: It is ORDERED that the defendant's motion [# 18], seeking to amend the scheduling order, is GRANTED. The defendant shall complete the processing of plaintiff's FOIA request and notify him of any fee requirements by March 16, 2016, and it shall file a status report and a proposed deadline for filing its summary judgment motion by March 18, 2016. SO ORDERED. Signed by Judge Tanya S. Chutkan on 2/2/16.(ah) (Entered: 02/02/2016)
2016-02-02Set/Reset Deadlines: Status Report due by 3/18/2016 (zsm) (Entered: 02/02/2016)
2016-03-1819STATUS REPORT by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit A)(Graham-Oliver, Heather) (Entered: 03/18/2016)
2016-03-1820STATUS REPORT by UNITED STATES OF AMERICA. (Graham-Oliver, Heather) (Entered: 03/18/2016)
2016-04-0821Supplemental STATUS REPORT 19 Status Report, 20 Status Report by UNITED STATES OF AMERICA (Graham-Oliver, Heather) Modified on 4/11/2016 (td). (Entered: 04/08/2016)
2016-04-1822NOTICE by ALEX RIOS ; ("LEAVE TO FILE GRANTED" by Judge Tanya Chutkan) (td) (Entered: 04/18/2016)
2016-04-25MINUTE ORDER: As proposed in its Supplemental Status Report 21 , Defendant shall file a status report and a proposed schedule by April 29, 2016. The Clerk of the Court shall mail a copy of this Order to: ALEX RIOS, 25965-077, FORREST CITY MEDIUM, FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, PO BOX 3000, FORREST CITY, AR 72336. Signed by Judge Tanya S. Chutkan on 4/25/16. (DJS) (Entered: 04/25/2016)
2016-04-26Set/Reset Deadlines: Status Report due by 4/29/2016 (zsm) (Entered: 04/26/2016)
2016-04-2923STATUS REPORT by UNITED STATES OF AMERICA. (Graham-Oliver, Heather) (Entered: 04/29/2016)
2016-05-03MINUTE ORDER: It is ORDERED that Defendant shall file another status report on the processing of Plaintiff's FOIA request and a proposed briefing schedule by June 9, 2016. Signed by Judge Tanya S. Chutkan on 5/3/16.(ah) (Entered: 05/03/2016)
2016-05-04Set/Reset Deadlines: Status Report due by 6/9/2016 (tth) (Entered: 05/04/2016)
2016-05-0624RESPONSE to Defendant's Supplemental Status Report re 21 MOTION to Amend/Correct 19 Status Report, 20 Status Report filed by ALEX RIOS. (td) (Entered: 05/10/2016)
2016-06-0925STATUS REPORT by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit A)(Graham-Oliver, Heather) (Entered: 06/09/2016)
2016-06-2026MOTION to Order DEA HEADQUATERS, DOJ AND OPR PRODUCTION OF FOIA/PA REQUESTED MATERIAL by ALEX RIOS; ("LEAVE TO FILE GRANTED" by Judge Tanya Chutkan) (td) (Entered: 06/21/2016)
2016-07-0127NOTICE OF SUBSTITUTION OF COUNSEL by Tammy Allison Holloway on behalf of UNITED STATES OF AMERICA Substituting for attorney Heather Graham-Oliver (Holloway, Tammy) (Entered: 07/01/2016)
2016-07-0128MOTION for Extension of Time to File Response/Reply by UNITED STATES OF AMERICA (Holloway, Tammy) (Entered: 07/01/2016)
2016-07-05MINUTE ORDER: Granting 28 Motion for Extension of Time to File Response/Reply. Defendant's response due July 29, 2016. The Clerk of the Court shall mail a copy of this order to: ALEX RIOS, 25965-077, FORREST CITY MEDIUM, FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, PO BOX 3000 FORREST CITY, AR 72336. Signed by Judge Tanya S. Chutkan on 7/5/16. (DJS) (Entered: 07/05/2016)
2016-07-06Set/Reset Deadlines: Defendant's Response due by 7/29/2016 (tth) (Entered: 07/06/2016)
2016-07-2929STATUS REPORT AND OPPOSITION TO PLAINTIFF'S MOTION TO ORDER DEA HEADQUARTERS, DOJ AND OPR PRODUCTION OF FOIA/PA REQUESTED MATERIAL by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit)(Holloway, Tammy) (Entered: 07/29/2016)
2016-07-2930Memorandum in opposition to re 26 MOTION for Order filed by UNITED STATES OF AMERICA. (See Docket Entry 29 to view document). (znmw) (Entered: 08/01/2016)
2016-08-03MINUTE ORDER: It is hereby ORDERED that Plaintiff's motion for the production of the material he has requested under the FOIA 26 is DENIED as premature. An agency's disclosure obligations under FOIA are contingent on its receipt of a request that reasonably describes the records sought and is made in accordance with the agency's published rules governing, among other requirements, the payment of any fees. See 5 U.S.C. § 552(a)(3)(A). Defendant's most recent Status Report suggests that those requirements have yet to be satisfied. Defendant shall file another Status Report on or before August 29, 2016. SO ORDERED. Signed by Judge Tanya S. Chutkan on 8/3/16.(ah) (Entered: 08/03/2016)
2016-08-03Set/Reset Deadlines: Defendant's Status Report due by 8/29/2016 (tth) (Entered: 08/03/2016)
2016-08-2931STATUS REPORT and Proposed Briefing Schedule by UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order)(Holloway, Tammy) (Entered: 08/29/2016)
2016-09-06MINUTE ORDER: Upon consideration of Defendant's Combined Status Report and Proposed Briefing Schedule, it is hereby ORDERED that the parties shall adhere to the following schedule. Defendant's motion for summary judgment shall be filed on or before October 20, 2016; Plaintiff's opposition shall be filed on or before December 1, 2016; Defendant's reply shall be filed on or before December 22, 2016. Signed by Judge Tanya S. Chutkan on 9/6/16.(ah) (Entered: 09/06/2016)
2016-09-07Set/Reset Deadlines: Summary Judgment motions due by 10/20/2016. Response to Motion for Summary Judgment due by 12/1/2016. Reply to Motion for Summary Judgment due by 12/22/2016. (zsm) (Entered: 09/07/2016)
2016-10-1832MOTION for Extension of Time to File Dispositive Motion and Amended Proposed Briefing Schedule by UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Holloway, Tammy) (Entered: 10/18/2016)
2016-10-21MINUTE ORDER: Granting in part and denying in part 32 Defendant's Motion for Extension of Deadlines. Defendant will file and serve its motion for summary judgment on or before November 20, 2016. Plaintiff's response due 12/20/16. Defendant's Reply due January 13. 2017. The Clerk of the Court shall mail a copy of this order to: ALEX RIOS, 25965-077, FORREST CITY MEDIUM FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, PO BOX 3000, FORREST CITY, AR 72336. Signed by Judge Tanya S. Chutkan on 10/21/16. (DJS) (Entered: 10/21/2016)
2016-10-21Set/Reset Deadlines: Summary Judgment motions due by 11/20/2016. Response to Motion for Summary Judgment due by 12/20/2016. Reply to Motion for Summary Judgment due by 1/13/2017. (zsm) (Entered: 10/21/2016)
2016-11-2133MOTION for Extension of Time to File Dispositive Motion by UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Holloway, Tammy) (Entered: 11/21/2016)
2016-12-01MINUTE ORDER: Granting Motion 33 for Extension of Briefing Deadlines. EXCEPT that Defendant shall file and serve its motion for summary judgment on or before December 21, 2016. Plaintiff shall file his brief by January 20, 2017. Defendant's Reply (if necessary) due by February 9, 2017. Going forward, Defendant shall file any motions for extensions at least 48 hours before its deadline. The court will view requests filed AFTER the deadline with disfavor. Signed by Judge Tanya S. Chutkan on 12/1/16. (DJS) (Entered: 12/01/2016)
2016-12-2034MOTION for Extension of Time to file Dispositive Motion by UNITED STATES OF AMERICA (Holloway, Tammy) (Entered: 12/20/2016)
2017-01-03MINUTE ORDER: Granting 34 Defendant's Combined Motion for Extension of Time and Amended Proposed Briefing Schedule. Defendant shall file its dispositive motion on or before January 23, 2017; Plaintiff shall file his opposition on or before March 1, 2017; Defendant shall file any reply on or before March 14, 2017. This is counsel's final extension. In the absence of a timely motion for summary judgment, the Court will order the United States' counsel of record and the agency's representative with personal knowledge of the agency's response to Plaintiff's FOIA request to appear personally before the court to explain the need for further delay. The Clerk of the Court shall mail a copy of this order to: ALEX RIOS, 25965-077, FORREST CITY MEDIUM FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, PO BOX 3000, FORREST CITY, AR 72336. Signed by Judge Tanya S. Chutkan on 1/3/17. (DJS) (Entered: 01/03/2017)
2017-01-03Set/Reset Deadlines: Dispositive Motions due by 1/23/2017. Response to Dispositive Motions due by 3/1/2017. Reply to Dispositive Motions due by 3/14/2017. (zsm) (Entered: 01/03/2017)
2017-01-2335MOTION to Dismiss or in the Alternative Motion for Summary Judgment by UNITED STATES OF AMERICA (Attachments: # 1 Statement of Facts, # 2 Exhibit, # 3 Text of Proposed Order)(Holloway, Tammy). Added MOTION for Summary Judgment on 1/24/2017 (jf). (Entered: 01/23/2017)
2017-01-24NOTICE OF ERROR re 35 Motion to Dismiss; emailed to tammy.holloway2@usdoj.gov, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. DO NOT REFILE--Counsel is reminded to docket all parts of their motion (jf, ) (Entered: 01/24/2017)
2017-01-2536Order advising plaintiff to respond by March 1, 2017, to defendant's dispositive motion or risk entry of judgment for the defendant on what may be treated as conceded material facts (see written order for details). Signed by Judge Tanya S. Chutkan on 1/25/17.(ah) (Entered: 01/25/2017)
2017-01-31Set/Reset Deadlines: Response to Dispositive Motion due by 3/1/2017. (tb) (Entered: 01/31/2017)
2017-03-0637Memorandum in opposition to re 35 MOTION to Dismiss or in the Alternative Motion for Summary Judgment filed by ALEX RIOS. (td) (Entered: 03/08/2017)
2017-06-1638MOTION for Extension of Time to Enlarge Time by UNITED STATES OF AMERICA (Holloway, Tammy) (Entered: 06/16/2017)
2017-06-19MINUTE ORDER granting 38 Defendant's Motion for an Extension of Time to file a Reply. Defendant shall file its reply on or before July 17, 2017. SO ORDERED. Signed by Judge Tanya S. Chutkan on 6/19/17.(ah) (Entered: 06/19/2017)
2017-06-20Set/Reset Deadlines: Defendant's reply due by 7/17/2017. (tb) (Entered: 06/20/2017)
2017-06-2339NOTICE OF SUBSTITUTION OF COUNSEL by Patricia K. McBride on behalf of UNITED STATES OF AMERICA Substituting for attorney Tammy Allison Holloway (McBride, Patricia) (Entered: 06/23/2017)
2017-07-0640MOTION for Extension of Time to File Response/Reply by UNITED STATES OF AMERICA (McBride, Patricia) (Entered: 07/06/2017)
2017-07-3141MEMORANDUM OPINION AND ORDER denying 35 Defendant's Motion to Dismiss or for Summary Judgment; directing Defendant to propose a schedule by August 9, 2017 (see document for details). Signed by Judge Tanya S. Chutkan on 7/31/17.(ah) (Entered: 07/31/2017)
2017-07-31MINUTE ORDER denying as moot 40 Defendant's Second Motion for an Extension of Time to File a Reply. Signed by Judge Tanya S. Chutkan on 7/31/17.(ah) (Entered: 07/31/2017)
2017-08-0942MOTION for Extension of Time to Propose a Schedule by UNITED STATES OF AMERICA (McBride, Patricia) (Entered: 08/09/2017)
Hide Docket Events
by FOIA Project Staff