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Case TitleCRUZ v. EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv01977
Date Filed2015-11-06
Date Closed2017-09-29
JudgeJudge Rosemary M. Collyer
PlaintiffFELIX CRUZ
Case DescriptionFelix Cruz, a federal prisoner, submitted a FOIA request to the Executive Office for U.S. Attorneys for records about himself and his conviction. EOUSA told Cruz that his request was being referred to the FBI, which had his records. The agency further told Cruz that his request was denied on the basis of Exemption 7(A) (interference with ongoing investigation or proceeding). Cruz appealed to the Office of Information Policy, which upheld the FBI's decision. Cruz then filed suit.
Complaint issues: Exemption 7(A) - Interference with ongoing investigation, Litigation - Attorney's fees

DefendantEXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [30]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-11-061COMPLAINT against EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY (Filing fee $ 0.00) filed by FELIX CRUZ. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(jf) (Entered: 11/09/2015)
2015-11-062MOTION for Leave to Proceed in forma pauperis by FELIX CRUZ (jf). (Entered: 11/09/2015)
2015-11-063PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by FELIX CRUZ (jf) (Entered: 11/09/2015)
2015-11-064ORDER directing an initial partial filing fee in the amount of $29.52 from Prison Account of Felix Cruz; further ordered granting 2 Motion to Proceed In Forma Pauperis. Signed by Judge Richard J. Leon on 10/31/2015. (jf) (Entered: 11/09/2015)
2015-11-095SUMMONS Issued as to EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, U.S. Attorney and U.S. Attorney General (jf) (Entered: 11/13/2015)
2015-11-246RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/16/15., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY served on 11/16/2015 (td) (Entered: 11/25/2015)
2015-12-017RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/23/2015. Answer due for ALL FEDERAL DEFENDANTS by 12/23/2015. (zrdj) (Entered: 12/02/2015)
2015-12-188NOTICE of Appearance by Caitlin O'Leary Trujillo on behalf of All Defendants (Trujillo, Caitlin) (Entered: 12/18/2015)
2015-12-189MOTION for Extension of Time to File Answer or Dispositive Motion by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order)(Trujillo, Caitlin) (Entered: 12/18/2015)
2015-12-21MINUTE ORDER granting 9 Motion for Extension of Time. Defendant shall answer or otherwise respond to the 1 Complaint by February 10, 2016. Signed by Judge Rosemary M. Collyer on 12/21/2015. (lcrmc3) (Entered: 12/21/2015)
2015-12-21Set/Reset Deadlines/Hearings: Answer to Complaint due by 2/10/2016. (cdw) (Entered: 12/22/2015)
2015-12-3110MOTION to Appoint Counsel by FELIX CRUZ (zrdj) (Entered: 01/04/2016)
2016-02-0311NOTICE OF SUBSTITUTION OF COUNSEL by Tammy Allison Holloway on behalf of All Defendants Substituting for attorney Caitlyn O'Leary Trujillo (Holloway, Tammy) (Entered: 02/03/2016)
2016-02-0812Second MOTION for Extension of Time to file an answer or dispositive motion in response to Plaintiff's complaint by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order)(Holloway, Tammy) (Entered: 02/08/2016)
2016-02-09MINUTE ORDER granting 12 Motion for Extension of Time. Defendant shall answer or otherwise respond by March 10, 2016 to Plaintiff's 1 Complaint. Signed by Judge Rosemary M. Collyer on 2/9/2016. (lcrmc3) (Entered: 02/09/2016)
2016-02-09Set/Reset Deadlines: Answer due by 3/10/2016. (zmm) (Entered: 02/09/2016)
2016-03-1513Third MOTION for Extension of Time to File an Answer by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order)(Holloway, Tammy) (Entered: 03/15/2016)
2016-03-17Partial Filing Fee Received from FELIX CRUZ in the amount of $29.00, receipt number: 4616076555. (zrdj) (Entered: 03/17/2016)
2016-03-1814Defendant's ANSWER to 1 Complaint filed by Plaintiff by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY.(Holloway, Tammy) (Entered: 03/18/2016)
2016-03-1815NOTICE of Change of Address by FELIX CRUZ (zrdj) (Entered: 03/22/2016)
2016-03-2316PROPOSED BRIEFING SCHEDULE by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY. (Attachments: # 1 Text of Proposed Order)(Holloway, Tammy) (Entered: 03/23/2016)
2016-04-14Partial Filing Fee Received from FELIX CRUZ in the amount of $18.00, receipt number: 4616077085. (zrdj) (Entered: 04/14/2016)
2016-04-20MINUTE ORDER granting nunc pro tunc to March 10, 2016 13 Defendant's Motion for Extension of Time to file Answer. Defendant's Answer 14 is deemed timely. Signed by Judge Rosemary M. Collyer on 4/20/2016. (KD) (Entered: 04/20/2016)
2016-04-20MINUTE ORDER setting schedule: Defendant shall produce documents on a rolling basis on May 1, June 1, July 1, and August 1, 2016; Defendant shall file a motion for summary judgment by October 1, 2016; Plaintiff shall file a response by November 21, 2016; Defendant may file a reply by December 12, 2016. Signed by Judge Rosemary M. Collyer on 4/20/2016. (KD) (Entered: 04/20/2016)
2016-04-20Set/Reset Deadlines/Hearings: Defendant's Summary Judgment motion due by 10/1/2016. Response to Motion for Summary Judgment due by 11/21/2016. Reply to Motion for Summary Judgment due by 12/12/2016. (cdw) (Entered: 04/20/2016)
2016-05-17Partial Filing Fee Received from FELIX CRUZ in the amount of $12.83, receipt number: 4616077680. (zrdj) (Entered: 05/18/2016)
2016-05-2017CERTIFICATE OF SERVICE by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY . (Holloway, Tammy) (Entered: 05/20/2016)
2016-06-14Partial Filing Fee Received from FELIX CRUZ in the amount of $43.51, receipt number: 4616078468. (zrdj) (Entered: 06/17/2016)
2016-08-09Partial Filing Fee Received from FELIX CRUZ in the amount of $.85, receipt number: 4616079803. (zrdj) (Entered: 08/09/2016)
2016-08-1618ORDER denying without prejudice 10 Plaintiff's Motion to Appoint Counsel. Signed by Judge Rosemary M. Collyer on 8/16/2016. (KD) (Entered: 08/16/2016)
2016-09-1519Mail Returned as undeliverable sent to FELIX CRUZ. Type of Document Returned: Court's Order of 8/16/2016. Resent to same address; BOP website still shows plaintiff housed at USP Pollock. (cdw) (Entered: 09/15/2016)
2016-09-20Partial Filing Fee Received from FELIX CRUZ in the amount of $13.60, receipt number: 4616080583. (zmd) (Entered: 09/21/2016)
2016-09-2720Amended MOTION for Briefing Schedule by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order)(Holloway, Tammy) (Entered: 09/27/2016)
2016-09-28ORDER granting 20 Defendant's Motion for Extension of Time and approving the new briefing schedule. Defendant shall file its Motion for Summary Judgment no later than November 15, 2016. Plaintiff shall file his opposition no later than December 15, 2016. Defendant shall file its reply brief no later than January 4, 2017. Signed by Judge Rosemary M. Collyer on 9/28/2016. (lcrmc3) (Entered: 09/28/2016)
2016-09-28Set/Reset Deadlines/Hearings: Defendant's Summary Judgment motion due by 11/15/2016. Response to Motion for Summary Judgment due by 12/15/2016. Reply to Motion for Summary Judgment due by 1/4/2017. (cdw) (Entered: 09/29/2016)
2016-10-19Partial Filing Fee Received from FELIX CRUZ in the amount of $22.80, receipt number: 4616081133. (zrdj) (Entered: 10/19/2016)
2016-11-0921PROPOSED BRIEFING SCHEDULE by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY. (Attachments: # 1 Text of Proposed Order)(Holloway, Tammy) (Entered: 11/09/2016)
2016-11-10MINUTE ORDER approving 21 Defendant's proposed briefing schedule. Defendant's Motion for Summary Judgment shall be filed no later than December 15, 2016, Plaintiff's Opposition shall be filed no later than January 16, 2017, and Defendant's Reply shall be filed no later than February 6, 2017. Signed by Judge Rosemary M. Collyer on 11/10/2016. (lcrmc3) (Entered: 11/10/2016)
2016-11-10Set/Reset Deadlines/Hearings: Defendant's Summary Judgment motion due by 12/15/2016. Response to Motion for Summary Judgment due by 1/16/2017. Reply to Motion for Summary Judgment due by 2/6/2017. (cdw) (Entered: 11/10/2016)
2016-11-16Partial Filing Fee Received from FELIX CRUZ in the amount of $57.39, receipt number: 4616081659. (zrdj) (Entered: 11/17/2016)
2016-12-1322Third MOTION for Briefing Schedule by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order)(Holloway, Tammy) (Entered: 12/13/2016)
2016-12-15Partial Filing Fee Received from FELIX CRUZ in the amount of $44.99, receipt number: 4616082076. (zrdj) (Entered: 12/15/2016)
2016-12-20MINUTE ORDER approving 22 Defendant's Third Amended Proposed Briefing Schedule. Defendant's Motion for Summary Judgment shall be filed no later than January 16, 2017, Plaintiff's Opposition shall be filed no later than February 15, 2017, and Defendant's Reply shall be filed no later than March 7, 2017. Signed by Judge Rosemary M. Collyer on 12/20/2016.(lcrmc3) (Entered: 12/20/2016)
2016-12-20Set/Reset Deadlines/Hearings: Defendant's Summary Judgment motion due by 1/16/2017. Response to Motion for Summary Judgment due by 2/15/2017. Reply to Motion for Summary Judgment due by 3/7/2017. (cdw) (Entered: 12/21/2016)
2017-01-1723MOTION for Extension of Time to File Motion for Summary Judgment by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY (Holloway, Tammy) (Entered: 01/17/2017)
2017-01-18MINUTE ORDER granting 23 Defendant's Motion for Extension of Time nunc pro tunc to January 17, 2017. Signed by Judge Rosemary M. Collyer on 1/18/2017. (lcrmc3) (Entered: 01/18/2017)
2017-01-1924Second MOTION for Extension of Time to file Motion for Summary Judgment by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY (Holloway, Tammy) (Entered: 01/19/2017)
2017-01-20MINUTE ORDER granting 24 Defendant's Motion for Extension of Time nunc pro tunc to January 19, 2017. Defendant shall file its motion for summary judgment no later than January 23, 2017. Signed by Judge Rosemary M. Collyer on 1/20/2017. (DAS) (Entered: 01/20/2017)
2017-01-20Set/Reset Deadlines/Hearings: Defendant's Summary Judgment motion due by 1/23/2017. (cdw) (Entered: 01/23/2017)
2017-01-2325MOTION for Summary Judgment by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY (Attachments: # 1 Statement of Facts, # 2 Exhibit, # 3 Text of Proposed Order)(Holloway, Tammy) (Entered: 01/23/2017)
2017-02-0626ORDER advising Plaintiff to respond to 25 Defendant's Motion for Summary Judgment, or the Court may deem the matter conceded. Plaintiff's opposition shall be filed no later than March 30, 2017. Defendant's reply shall be filed no later than April 17, 2017. Signed by Judge Rosemary M. Collyer on 2/6/2017. (DAS) (Entered: 02/06/2017)
2017-02-06Set/Reset Deadlines/Hearings: Response to Motion for Summary Judgment due by 3/30/2017. Reply to Motion for Summary Judgment due by 4/17/2017. (cdw) (Entered: 02/07/2017)
2017-02-07MINUTE ORDER directing Defendant to send another copy of 25 Defendant's Motion for Summary Judgment and related attachments to Plaintiff. The Court has been informed that Plaintiff has not yet received the copy originally sent by Defendant. Signed by Judge Rosemary M. Collyer on 2/7/2016. (lcrmc3) (Entered: 02/07/2017)
2017-02-0827NOTICE by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY re Order, (Holloway, Tammy) (Entered: 02/08/2017)
2017-02-14Partial Filing Fee Received from FELIX CRUZ in the amount of $33.23, receipt number: 4616082938. (zrdj) (Entered: 02/15/2017)
2017-02-2128MOTION for Reconsideration re 18 Order on Motion to Appoint Counsel by FELIX CRUZ (td) (Entered: 02/23/2017)
2017-02-23MINUTE ORDER denying 28 Plaintiff's Motion for Reconsideration after having considered the factors in Local Rule 83.11(b)(3). However, given the circumstances, Plaintiff's Opposition to the Motion for Summary Judgment shall be due no later than May 19, 2017. Signed by Judge Rosemary M. Collyer on 2/23/2017. (lcrmc3) (Entered: 02/23/2017)
2017-03-10Partial Filing Fee Received from FELIX CRUZ in the amount of $32.78, receipt number: 4616083467. (zrdj) (Entered: 03/10/2017)
2017-07-2729NOTICE OF SUBSTITUTION OF COUNSEL by Wyneva Johnson on behalf of EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY Substituting for attorney Tammi Allison Holloway (Johnson, Wyneva) (Entered: 07/27/2017)
2017-09-2630MEMORANDUM AND OPINION. Signed by Judge Rosemary M. Collyer on 9/26/2017. (DAS) (Entered: 09/26/2017)
2017-09-2631ORDER granting 25 Motion for Summary Judgment. Judgment is entered in favor of Defendant. This case is closed. Signed by Judge Rosemary M. Collyer on 9/26/2017. (DAS) (Entered: 09/26/2017)
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by FOIA Project Staff