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Case TitleLyall v. Federal Bureau of Investigation
DistrictWestern District of Washington
CitySeattle
Case Number2:2015cv01818
Date Filed2015-11-18
Date Closed2018-05-17
JudgeJudge Robert S. Lasnik
PlaintiffMarta D Lyall
Case DescriptionMarta Lyall submitted a FOIA request to the FBI for records on Carl Harper, allegedly one of the first person's to use a high-powered rifle to shoot at a crowd. The agency indicated that there were records and Lyall agreed to pay the costs of duplication. However, she learned that she could ask for expedited processing, which apparently was denied. She then filed suit.
Complaint issues: Expedited processing

DefendantFederal Bureau of Investigation
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [20]
Opinion/Order [23]
Opinion/Order [27]
Opinion/Order [35]
Opinion/Order [39]
Opinion/Order [43]
Opinion/Order [45]
Opinion/Order [46]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-11-181MOTION for Leave to Proceed In Forma Pauperis before Judge Donohue, filed by Marta D Lyall. (Attachments: # 1 Complaint, # 2 Exh - Part I, # 3 Exh - Part II, # 4 Civil Cover Sheet, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Email from filer)(ST) (Entered: 11/18/2015)
2015-11-182CASE ASSIGNMENT LETTER sent to plaintiff via U.S. Postal Service. (ST) (Entered: 11/18/2015)
2015-11-203ORDER denying plaintiff's 1 Motion for Leave to Proceed in forma pauperis; plaintiff is granted leave to amend and shall have 30 days from the date of this order to correct deficiencies, by Hon. James P. Donohue. (AD) cc: plaintiff (copy of order and blank IFP application) (Entered: 11/20/2015)
2015-11-244MOTION for Leave to Proceed In Forma Pauperis, filed by Marta D Lyall. (AD) Modified on 12/2/2015 to correct file date to reflect date received (AD). (Entered: 11/27/2015)
2015-11-254MOTION for Leave to Proceed In Forma Pauperis, filed by Marta D Lyall.(AD) (Entered: 11/27/2015)
2015-12-025ORDER granting plaintiff's 4 Amended Motion for Leave to Proceed in forma pauperis by Hon. James P. Donohue. (AD) cc: plaintiff (Entered: 12/02/2015)
2015-12-026COMPLAINT against defendant Federal Bureau of Investigation (Receipt # IFP granted), filed by Marta D Lyall. (3 Summonses issued by mail) (Attachments: # 1 Exhibit Part 1, # 2 Exhibit Part 2) (AD) (Entered: 12/02/2015)
2015-12-037NOTICE: Plaintiff Marta D Lyall has registered to electronically file and receive electronic service in this case. (PS) (Entered: 12/03/2015)
2016-04-048ORDER TO SHOW CAUSE Show Cause Response due by 4/22/2016, by Judge Robert S. Lasnik. (AD) (Entered: 04/04/2016)
2016-04-229RESPONSE TO ORDER TO SHOW CAUSE by Plaintiff Marta D Lyall (Lyall, Marta) (Entered: 04/22/2016)
2016-04-2610ORDER by Judge Robert S. Lasnik. The Court VACATES the Order to Show Cause (Dkt. # 8 ) and ORDERS plaintiff to serve defendant on or before May 1, 2016. Failure to do so will result in dismissal of this action. (AD) Modified on 4/27/2016 to correct typographical error (AD). (Entered: 04/26/2016)
2016-05-0211AFFIDAVIT of Mailing of Summons and Complaint to FBI/ATTORNEY General/U.S. Attorney on 4/29/2016, filed by Plaintiff Marta D Lyall. (Lyall, Marta) (Entered: 05/02/2016)
2016-06-0612ANSWER to 6 Complaint Attorney Peter Angus Winn added to party Federal Bureau of Investigation(pty:dft) by Federal Bureau of Investigation.(Winn, Peter) (Entered: 06/06/2016)
2016-06-1413ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT Joint Status Report due by 7/12/2016, by Judge Robert S. Lasnik. (KERR) (Entered: 06/14/2016)
2016-06-2214NOTICE of Appearance by attorney Brendan Wesley Donckers on behalf of Plaintiff Marta D Lyall. (Donckers, Brendan) (Entered: 06/22/2016)
2016-06-2315STIPULATION AND PROPOSED ORDER by parties re 13 Joint Status Report Order (Winn, Peter) (Entered: 06/23/2016)
2016-06-2416STIPULATION AND ORDER by Judge Robert S. Lasnik re FBI's production of responsive records and vacating the Court's standing order 13 . (PM) (Entered: 06/24/2016)
2017-05-1117Unopposed MOTION to Withdraw as Attorney , filed by Plaintiff Marta D Lyall. (Attachments: # 1 Proposed Order) Noting Date 5/26/2017, (Donckers, Brendan) (Entered: 05/11/2017)
2017-05-1118DECLARATION of Brendan W. Donckers filed by Plaintiff Marta D Lyall re 17 Unopposed MOTION to Withdraw as Attorney (Donckers, Brendan) (Entered: 05/11/2017)
2017-05-1119DECLARATION of Marta Lyall filed by Plaintiff Marta D Lyall re 17 Unopposed MOTION to Withdraw as Attorney (Donckers, Brendan) (Entered: 05/11/2017)
2017-05-1620ORDER granting Plaintiff's 17 Motion to Withdraw as Attorney, by Judge Robert S. Lasnik. (Attorney Brendan Wesley Donckers terminated.) (SWT) (cc Plaintiff via email through CM/ECF) (Entered: 05/16/2017)
2017-05-1921NOTICE of Appearance by attorney Brian C Kipnis on behalf of Defendant Federal Bureau of Investigation. (Kipnis, Brian) (Entered: 05/19/2017)
2017-05-1922NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Peter Angus Winn for Defendant Federal Bureau of Investigation. (Kipnis, Brian) (Entered: 05/19/2017)
2017-05-2323ORDER REQUIRING SUBMISSION OF JOINT STATUS REPORT by Judge Robert S. Lasnik. All counsel and any pro se parties are directed to confer and provide the Court with a combined Joint Status Report (the "Report") by 6/16/2017. (SWT) (Entered: 05/23/2017)
2017-06-0224MOTION to Compel , filed by Plaintiff Marta D Lyall. Noting Date 6/5/2017, (Lyall, Marta) (Entered: 06/02/2017)
2017-06-0225MINUTE ORDER Setting Status Conference for 6/13/2017 at 11:00 AM in Courtroom 15106 before Judge Robert S. Lasnik. As this status conference will replace the previously requested joint status report, the Court's previous order (Dkt. # 23) is hereby stricken. (KERR) (Entered: 06/02/2017)
2017-06-1326MINUTE ENTRY for proceedings held before Judge Robert S. Lasnik- Dep Clerk: Kerry Simonds ; Pla: Proceeding Pro Se ; Def Counsel: Brian Kipnis ; CR: Nickie Drury ; Time of Hearing: 11:00 a.m. ; Courtroom: 15106 ; Status Conference held on 6/13/2017. The Court discusses the current status of the case with the parties. Counsel for the FBI informs the Court that it has completed production and that a motion for summary judgment will be forthcoming on what it sees as the three remaining legal issues. The Court explains to Ms. Lyall that she will have an opportunity to respond in writing and can seek assistance from various resources for pro se litigants in preparing her opposition. Ms. Lyall indicates she will be proceeding pro se for the rest of the case. (KERR) (Entered: 06/13/2017)
2017-06-1327CASE MANANGEMENT ORDER signed by Judge Robert S. Lasnik. Defendant's dispositive motion due by 6/30/2017, Plaintiff's combined opposition and cross-motion for dispositive relief due by 7/21/2017, Defendant's combined reply and opposition due by 8/11/2017, Plaintiff's reply due by 8/25/2017. The dispositive cross-motions shall be noted on the Court's calendar for 8/25/2017. Plaintiff's Motion to Compel 24 is DENIED as moot. (KERR) (Entered: 06/13/2017)
2017-06-1328NOTICE of Challenging Authenticity of Electronically Filed Document 26 Status Conference,,,. Filed by Plaintiff Marta D Lyall. (Lyall, Marta) (Entered: 06/13/2017)
2017-06-2229MOTION to Dismiss Notice of Motion and Defendant's Motion to Dismiss for Lack of Subject Matter Jurisdiction; Memorandum of Points and Authorities in Support Thereof , filed by Defendant Federal Bureau of Investigation. Noting Date 7/14/2017, (Kipnis, Brian) (Entered: 06/22/2017)
2017-06-2230DECLARATION of Brian C. Kipnis filed by Defendant Federal Bureau of Investigation re 29 MOTION to Dismiss Notice of Motion and Defendant's Motion to Dismiss for Lack of Subject Matter Jurisdiction; Memorandum of Points and Authorities in Support Thereof (Attachments: # 1 Exhibit 1)(Kipnis, Brian) (Entered: 06/22/2017)
2017-06-2231DECLARATION of David M. Hardy filed by Defendant Federal Bureau of Investigation re 29 MOTION to Dismiss Notice of Motion and Defendant's Motion to Dismiss for Lack of Subject Matter Jurisdiction; Memorandum of Points and Authorities in Support Thereof (Attachments: # 1 Exhibit A-D, # 2 Exhibit E-H, # 3 Exhibit I-L, # 4 Exhibit M-Q)(Kipnis, Brian) (Entered: 06/22/2017)
2017-07-2432MOTION for Extension of Time to File Answer Def Summary Judgment , filed by Plaintiff Marta D Lyall. Oral Argument Requested.(Lyall, Marta) (Entered: 07/24/2017)
2017-07-2533MINUTE ORDER RE-NOTING 32 MOTION for Extension of Time to File Answer to Summary Judgment ; Noting Date 8/4/2017 (KERR) (Entered: 07/25/2017)
2017-07-2834STATEMENT re 32 MOTION for Extension of Time to File Answer Def Summary Judgment - Statement of Non-Opposition by Defendant Federal Bureau of Investigation (Kipnis, Brian) (Entered: 07/28/2017)
2017-08-0435ORDER granting plaintiff's 32 Motion for Extension of Time to Answer Motion for Summary Judgment; defendant's 29 Motion to Dismiss is renoted for 9/1/2017, signed by Judge Robert S. Lasnik. (PM) (Entered: 08/04/2017)
2017-09-1836MOTION to Dismiss Voluntarily , filed by Plaintiff Marta D Lyall. Noting Date 9/29/2017, (Lyall, Marta) (Entered: 09/18/2017)
2017-09-1937MINUTE ORDER RE-NOTING 36 MOTION to Dismiss Voluntarily ; Noting Date 10/13/2017 (KERR) (Entered: 09/19/2017)
2017-10-0638RESPONSE, by Defendant Federal Bureau of Investigation, to 36 MOTION to Dismiss Voluntarily . (Kipnis, Brian) (Entered: 10/06/2017)
2017-11-1339ORDER REFERRING MOTION: Plaintiff's 36 MOTION to Dismiss Voluntarily ; motion referred to Chief Judge Ricardo S Martinez for review, signed by Judge Robert S. Lasnik. (SWT) (Entered: 11/13/2017)
2017-11-1340MOTION Request Transcript and Fee Waiver , filed by Plaintiff Marta D Lyall. (Attachments: # 1 Exhibit Exhibit1 Podcast Notes, # 2 Exhibit Exhibit2 Kiriakous Email) Noting Date 11/30/2017, (Lyall, Marta) (Entered: 11/13/2017)
2017-11-1341MOTION Transcript of Hearing, Fees Waivedcorrected Motion , filed by Plaintiff Marta D Lyall. (Attachments: # 1 Exhibit Corrected Exhibit 1, # 2 Exhibit Exhibit 2 Kiriakou) Noting Date 11/30/2017, (Lyall, Marta) (Entered: 11/13/2017)
2017-11-13***Motion terminated: 40 MOTION Request Transcript and Fee Waiver filed by Marta D Lyall. (Corrected version at dkt. 41 remains pending) (SWT) (Entered: 11/21/2017)
2017-11-1442RESPONSE, by Defendant Federal Bureau of Investigation, to 41 MOTION Transcript of Hearing, Fees Waivedcorrected Motion , 40 MOTION Request Transcript and Fee Waiver . (Kipnis, Brian) (Entered: 11/14/2017)
2017-11-1543ORDER ON REVIEW OF REFUSAL TO RECUSE re Plaintiff's 36 Motion to Voluntarily Dismiss, signed by Judge Ricardo S Martinez. (SWT) (Entered: 11/15/2017)
2017-11-2244MEMORANDUM filed by Plaintiff Marta D Lyall re 41 MOTION Transcript of Hearing, Fees Waivedcorrected Motion , 36 MOTION to Dismiss Voluntarily , 42 Response to Motion (Attachments: # 1 Exhibit FOIA Instructions for Reporters, # 2 Supplement Declaration of Plaintiff)(Lyall, Marta) (Entered: 11/22/2017)
2018-05-1645ORDER denying as moot plaintiff's 41 Motion for Transcript of Hearing, Fees Waived. Signed by Judge Robert S. Lasnik. (SWT) (Entered: 05/16/2018)
2018-05-1646ORDER denying defendant's 29 Motion to Dismiss for Lack of Subject Matter Jurisdiction; granting plaintiff's 36 Motion for Voluntary Dismissal; dismissing case without prejudice. Signed by Judge Robert S. Lasnik.(SWT) (Entered: 05/16/2018)
2018-05-17Copy of 45 Order mailed to plaintiff via USPS after notification of NEF bounce-back. (SWT) (Entered: 05/17/2018)
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by FOIA Project Staff