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Case TitleAGUIAR v. DRUG ENFORCEMENT ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2014cv00240
Date Filed2014-01-13
Date Closed2015-11-25
JudgeJudge Ellen S. Huvelle
PlaintiffSTEPHEN AGUIAR
Case DescriptionStephen Aguiar submitted a FOIA request to the DEA for records concerning data from a GPS tracking system used during his trial on drug charges in Vermont. After hearing nothing further from the agency, Aguiar filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantDRUG ENFORCEMENT ADMINISTRATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [96]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-01-131COMPLAINT against DRUG ENFORCEMENT ADMINISTRATION (Filing fee $ 0.00) filed by STEPHEN AGUIAR. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(rc) (Entered: 02/27/2014)
2014-01-13SUMMONS (3) Issued as to DRUG ENFORCEMENT ADMINISTRATION, U.S. Attorney and U.S. Attorney General. (rc) (Entered: 02/27/2014)
2014-01-132MOTION for Leave to Proceed in forma pauperis by STEPHEN AGUIAR. (rc) (Entered: 02/27/2014)
2014-01-133PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by STEPHEN AGUIAR. (rc) (Entered: 02/27/2014)
2014-01-134ORDER directing an initial partial filing fee of $28.10 to the Clerk of the United States District Court for the District of Columbia from the Prison Account of STEPHEN AGUIAR. It is further ordered that the Plaintiff's application to proceed in forma pauperis 2 is GRANTED, except to the extend that Plaintiff is required to make the payments set forth in this order. Signed by Judge Reggie B. Walton on 01/08/2014. (rc) (Entered: 02/27/2014)
2014-03-045MOTION to Appoint Counsel by STEPHEN AGUIAR (jf, ) (Entered: 03/06/2014)
2014-03-117RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 03/05/2014. (jf, ) (Entered: 03/12/2014)
2014-03-126ORDER denying 5 Motion to Appoint Counsel. Signed by Judge Ellen S. Huvelle on March 12, 2014. (AG) (Entered: 03/12/2014)
2014-03-268RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DRUG ENFORCEMENT ADMINISTRATION served on 3/26/2014 (jf, ) (Entered: 03/27/2014)
2014-04-079RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/2/2014. Answer due for ALL FEDERAL DEFENDANTS by 5/2/2014. (rdj) (Entered: 04/07/2014)
2014-04-1010NOTICE of Appearance by Timothy E. Broomhead on behalf of DRUG ENFORCEMENT ADMINISTRATION (Broomhead, Timothy) (Entered: 04/10/2014)
2014-05-0211First MOTION for Extension of Time to File Response/Reply to Plaintiff's Complaint by DRUG ENFORCEMENT ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Broomhead, Timothy) (Entered: 05/02/2014)
2014-05-06MINUTE ORDER granting 11 Motion for Extension of Time: UPON CONSIDERATION of Defendant's Motion for an Extension of Time, the merits therein, and for good cause shown, it is hereby ORDERED that the Motion is GRANTED; and it is FURTHER ORDERED that Defendant shall have up to and including June 30, 2014, to respond to the Complaint. Signed by Judge Ellen S. Huvelle on May 6, 2014. (AG) (Entered: 05/06/2014)
2014-05-06Set/Reset Deadlines: Answer due by 6/30/2014. (zmm, ) (Entered: 05/06/2014)
2014-06-3012MOTION for Extension of Time to File a Response to Plaintiff's Complaint by DRUG ENFORCEMENT ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Broomhead, Timothy) (Entered: 06/30/2014)
2014-07-03MINUTE ORDER granting 12 Motion for Extension of Time: UPON CONSIDERATION of Defendant's Motion for an Extension of Time, the merits therein, and for good cause shown, it is hereby ORDERED that the Motion is GRANTED; and it is FURTHER ORDERED that Defendant shall have up to and including August 29, 2014, to respond to the Complaint. Signed by Judge Ellen S. Huvelle on July 3, 2014. (AG) (Entered: 07/03/2014)
2014-07-07Set/Reset Deadlines: Answer due by 8/29/2014. (zmm, ) (Entered: 07/07/2014)
2014-08-1513AMENDED COMPLAINT against DRUG ENFORCEMENT ADMINISTRATION filed by STEPHEN AGUIAR.(jf, ) (Entered: 08/18/2014)
2014-08-2714MOTION for Extension of Time to File a Response to Plaintiff's Amended Complaint by DRUG ENFORCEMENT ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Broomhead, Timothy) (Entered: 08/27/2014)
2014-08-28MINUTE ORDER granting 14 Motion for Extension of Time: UPON CONSIDERATION of Defendant's Motion for an Extension of Time, the merits therein, and for good cause shown, it is hereby ORDERED that the Motion is GRANTED; and it is further ORDERED that Defendant shall have up to and including September 29, 2014, to respond to the Complaint. Signed by Judge Ellen S. Huvelle on August 28, 2014. (AG) (Entered: 08/28/2014)
2014-08-28Set/Reset Deadlines: Answer due by 9/29/2014. (zmm, ) (Entered: 08/28/2014)
2014-09-0515NOTICE OF SUBSTITUTION OF COUNSEL by Laura Emily Jennings on behalf of DRUG ENFORCEMENT ADMINISTRATION Substituting for attorney Timothy Broomhead (Jennings, Laura) (Entered: 09/05/2014)
2014-09-2916MOTION for Extension of Time to File Response/Reply by DRUG ENFORCEMENT ADMINISTRATION (Jennings, Laura) (Entered: 09/29/2014)
2014-09-29MINUTE ORDER granting 16 defendant's Motion for Extension of Time: UPON CONSIDERATION of Defendant's Motion for an Extension of Time, the merits therein, and for good cause shown, it is hereby ORDERED that the Motion is GRANTED; and it is FURTHER ORDERED that Defendant shall have up to and including October 29, 2014, to respond to the Amended Complaint. Signed by Judge Ellen S. Huvelle on September 29, 2014. (AG) (Entered: 09/29/2014)
2014-09-30Set/Reset Deadlines: Response to Amended Complaint due by 10/29/2014. (zmm, ) (Entered: 09/30/2014)
2014-10-2817MOTION for Extension of Time to File Response/Reply by DRUG ENFORCEMENT ADMINISTRATION (Jennings, Laura) (Entered: 10/28/2014)
2014-10-30MINUTE ORDER granting 17 Motion for Extension of Time: UPON CONSIDERATION of Defendant's Motion for an Enlargement of Time, the merits therein, and for good cause shown, it is hereby ORDERED that the Motion is GRANTED; and it is FURTHER ORDERED that Defendant shall have up to and including December 2, 2014,to respond to the Amended Complaint. Signed by Judge Ellen S. Huvelle on October 30, 2014. (AG) (Entered: 10/30/2014)
2014-10-31Set/Reset Deadlines: Answer to Amended Complaint due by 12/2/2014. (zmm, ) (Entered: 10/31/2014)
2014-12-0118MOTION for Extension of Time to File Response/Reply by DRUG ENFORCEMENT ADMINISTRATION (Jennings, Laura) (Entered: 12/01/2014)
2014-12-01MINUTE ORDER granting 18 Motion for Extension of Time to File: UPON CONSIDERATION of Defendant's Motion for an Enlargement of Time, the merits therein, and for good cause shown, it is hereby ORDERED that the Motion is GRANTED; and it is FURTHER ORDERED that Defendant shall have up to and including January 8, 2015, to respond to the Amended Complaint. Signed by Judge Ellen S. Huvelle on December 1, 2014. (AG, ) (Entered: 12/01/2014)
2014-12-02Set/Reset Deadlines: Answer to Amended Complaint due by 1/8/2015. (zmm, ) (Entered: 12/02/2014)
2014-12-04Set/Reset Deadlines: Answer to Amended Complaint due by 1/8/2015. (zmm, ) (Entered: 12/04/2014)
2014-12-1119Memorandum in opposition to re 18 MOTION for Extension of Time to File Response/Reply filed by STEPHEN AGUIAR. (jf, ) (Entered: 12/12/2014)
2015-01-0820ANSWER to 13 Amended Complaint by DRUG ENFORCEMENT ADMINISTRATION. Related document: 13 Amended Complaint filed by STEPHEN AGUIAR.(Jennings, Laura) (Entered: 01/08/2015)
2015-01-12MINUTE ORDER SETTING BRIEFING SCHEDULE: On January 8, 2015, after having been granted numerous extensions of time, defendant filed its answer to plaintiff's amended complaint. Having reviewed the amended complaint and the answer, and as the requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure are inapplicable to this FOIA case, it is hereby ORDERED that the following schedule shall apply to further proceedings in this matter: (1) defendant shall have until February 9, 2015, to produce any additional responsive documents and to produce a Vaughn index that corresponds to the 232 pages the DEA withheld in response to plaintiffs July 11, 2013 FOIA request and any additional documents that are withheld; (2) defendant shall have until March 2, 2015, to file its dispositive motion; (2) plaintiff shall file his opposition and any cross-motion by March 30, 2015; (3) defendant shall file its reply and opposition to any cross-motion by April 20, 2015; and (4) plaintiff shall file his reply by May 11, 2015. Signed by Judge Ellen S. Huvelle on January 12, 2015. (AG) (Entered: 01/12/2015)
2015-01-12Set/Reset Deadlines: Defendant to produce any additional responsive documents by 2/9/2015; Dispositive Motion due by 3/2/2015. Response to Dispositive Motion and Cross Motion due by 3/30/2015. Reply to Dispositive Motion and Response to Cross Motion due by 4/20/2015. Reply to Cross Motion due by 5/11/2015. (zmm, ) (Entered: 01/12/2015)
2015-01-2021MOTION for Vaughn Index by STEPHEN AGUIAR (jf, ) (Entered: 01/22/2015)
2015-01-2022MOTION to Expedite by STEPHEN AGUIAR (jf, ) (Entered: 01/22/2015)
2015-01-2023MOTION for Case Management Order by STEPHEN AGUIAR (jf, ) (Entered: 01/22/2015)
2015-01-22MINUTE ORDER: On January 12, 2015, the Court issued an Order directing the government to file a Vaughn index and setting an expedited briefing schedule. Accordingly, it is hereby ORDERED that plaintiff's 21 Motion for Vaughn Index, 22 Motion to Expedite, and 23 Motion for Scheduling Order are DENIED AS MOOT; and it is further ORDERED that the Clerk shall include another copy of the Court's January 12, 2015 Order with the copy of this order sent to plaintiff. Signed by Judge Ellen S. Huvelle on January 22, 2015. (AG) (Entered: 01/22/2015)
2015-02-0924NOTICE of Filing by DRUG ENFORCEMENT ADMINISTRATION (Jennings, Laura) (Entered: 02/09/2015)
2015-02-2425MOTION for Extension of Time to file dispositive motion by DRUG ENFORCEMENT ADMINISTRATION (Jennings, Laura) (Entered: 02/24/2015)
2015-02-25MINUTE ORDER granting in part and denying in part 25 defendant's Motion for Extension of Time: Upon consideration of defendant's motion, plaintiff's presumed opposition thereto, the multiple extensions of time granted to defendant to file its answer, and the entire record herein, it is hereby ORDERED that the motion is GRANTED IN PART AND DENIED IN PART; it is further ORDERED that defendant shall file its Vaughn index with the Court and produce the withheld documents for ex parte, in camera review by March 2, 2015; and it is further ORDERED that defendant shall have until March 10, 2015 to file its dispositive motion; plaintiff shall have until April 7, 2015, to file its opposition and any cross-motion; defendant shall file its reply and its opposition to any cross-motion by April 27, 2015; and plaintiff shall file its reply by May 18, 2015. Signed by Judge Ellen S. Huvelle on February 25, 2015. (AG) (Entered: 02/25/2015)
2015-02-2626NOTICE OF SUBSTITUTION OF COUNSEL by Eric Joseph Young on behalf of All Defendants Substituting for attorney Laura E. Jennings (Young, Eric) (Entered: 02/26/2015)
2015-03-0227NOTICE of Compliance with Court Order by DRUG ENFORCEMENT ADMINISTRATION re Order on Motion for Extension of Time to,,, (Young, Eric) (Entered: 03/02/2015)
2015-03-0928MOTION for Extension of Time to File Dispositive Motion by DRUG ENFORCEMENT ADMINISTRATION (Attachments: # 1 Declaration Declaration of Agency Counsel)(Young, Eric) (Entered: 03/09/2015)
2015-03-1329RESPONSE re 27 NOTICE of Compliance with Court Order filed by STEPHEN AGUIAR. (Attachments: # 1 Exhibit)(jf, ) (Entered: 03/16/2015)
2015-03-31MINUTE ORDER granting in part and denying in part 28 defendant's Motion for Extension of Time to File Dispositive Motion: Upon consideration of defendant's motion, plaintiff's lack of opposition thereto, the number of prior extensions of time sought and granted, and the entire record herein, it is hereby ORDERED that the motion is GRANTED IN PART AND DENIED IN PART; and it is further ORDERED that defendant shall have until April 20, 2015, to file its dispositive motion in the above-captioned case. No further extensions of time will be granted. Signed by Judge Ellen S. Huvelle on March 31, 2015. (AG) (Entered: 03/31/2015)
2015-04-0830First MOTION for Summary Judgment by DRUG ENFORCEMENT ADMINISTRATION (Attachments: # 1 Memorandum in Support Memorandum of Point & Authorities (includes certificate of service), # 2 Statement of Facts, # 3 Declaration DEA Myrick's Declaration, # 4 Exhibit Declaration Exhibits A to HH, # 5 Exhibit Vaughn Index Part I, # 6 Exhibit Vaughn Index Part II, # 7 Exhibit VAughn Index Part III)(Young, Eric) (Entered: 04/08/2015)
2015-04-0931Order advising plaintiff to respond or Court may deem matter as conceded re 30 First MOTION for Summary Judgment filed by DRUG ENFORCEMENT ADMINISTRATION. Plaintiff's response is due by 5/11/2015. Signed by Judge Ellen S. Huvelle on April 9, 2015. (AG) (Entered: 04/09/2015)
2015-04-09Set/Reset Deadlines: Response to defendant's motion for summary judgment due by 5/11/2014. (zmm, ) (Entered: 04/09/2015)
2015-05-0832Memorandum in opposition to re 30 First MOTION for Summary Judgment filed by STEPHEN AGUIAR. (td, ) (Entered: 05/11/2015)
2015-05-1833REPLY to opposition to motion re 30 First MOTION for Summary Judgment filed by DRUG ENFORCEMENT ADMINISTRATION. (Young, Eric) (Entered: 05/18/2015)
2015-07-2034ORDER to defendant to file supplemental declaration by August 3, 2015. See order for details. Signed by Judge Ellen S. Huvelle on July 20, 2015. (AG) . (Entered: 07/20/2015)
2015-07-20Set/Reset Deadlines/Hearings: Defendant's supplemental declaration due by 8/3/2015. (cdw) (Entered: 07/20/2015)
2015-07-2435MOTION for Extension of Time to respond to Court Order by DRUG ENFORCEMENT ADMINISTRATION (Young, Eric) (Entered: 07/24/2015)
2015-07-27MINUTE ORDER granting in part and denying in part 35 defendant's Motion for Extension of Time: Upon consideration of defendant's motion, it is hereby ORDERED that the motion is GRANTED IN PART AND DENIED IN PART; and it is further ORDERED that defendant shall respond to the Court's July 20, 2015 Order by September 10, 2015. Signed by Judge Ellen S. Huvelle on July 27, 2015. (AG) (Entered: 07/27/2015)
2015-07-27Set/Reset Deadlines: Response to Court's 7/20/2015 Order due by 9/10/2015. (zmm) (Entered: 07/27/2015)
2015-09-0936NOTICE of Compliance with Court Order by DRUG ENFORCEMENT ADMINISTRATION re 34 Order (Attachments: # 1 Declaration Supplemental)(Young, Eric) (Entered: 09/09/2015)
2015-09-1737RESPONSE re 36 NOTICE of Compliance with Court Order filed by STEPHEN AGUIAR. (jf) (Entered: 09/18/2015)
2015-09-3038MEMORANDUM OPINION re 30 defendant's motion for summary judgment. Signed by Judge Ellen S. Huvelle on September 30, 2015. (AG) (Entered: 09/30/2015)
2015-09-3039ORDER granting in part and deferring ruling in part on 30 defendant's Motion for Summary Judgment for the reasons stated in the accompanying Memorandum Opinion (ECF No. 38 ). Defendant to file supplemental affidavit and notice of mailing CD to plaintiff by October 21, 2015. See order for details. Signed by Judge Ellen S. Huvelle on September 30, 2015. (AG) (Main Document 39 replaced on 9/30/2015) (jf). (Entered: 09/30/2015)
2015-09-30Set/Reset Deadlines: Defendant to file affidavit and notify the Court that it has mailed a copy of the CD with the GPS tracking data to Plaintiff by 10/21/2015. (zmm) (Entered: 09/30/2015)
2015-10-0940NOTICE OF SUBSTITUTION OF COUNSEL by Caitlin O'Leary Trujillo on behalf of All Defendants Substituting for attorney Eric Young (Trujillo, Caitlin) (Entered: 10/09/2015)
2015-10-2041MOTION for Extension of Time to Comply with Court's Order by DRUG ENFORCEMENT ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Trujillo, Caitlin) (Entered: 10/20/2015)
2015-10-20MINUTE ORDER granting 41 Defendant's Motion for Extension of Time: Upon Consideration of Defendant's Motion for Enlargement of Time, it is hereby ORDERED that Defendant's Motion is GRANTED; and it is further ORDERED that Defendant shall have until November 9, 2015, to comply with the Court's September 30, 2015 Order. No further extensions of time will be granted. Signed by Judge Ellen S. Huvelle on October 20, 2015. (AG) (Entered: 10/20/2015)
2015-10-20Set/Reset Deadlines/Hearings: Defendant's compliance to Court's 9/30/15 Order due by 11/9/2015. (cdw) (Entered: 10/22/2015)
2015-11-0942MOTION for Extension of Time to File Supplemental Declaration by DRUG ENFORCEMENT ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Trujillo, Caitlin) (Entered: 11/09/2015)
2015-11-1043NOTICE of Compliance with Court Order by DRUG ENFORCEMENT ADMINISTRATION re 39 Order on Motion for Summary Judgment, (Attachments: # 1 Declaration Supplemental Declaration of Katherine Myrick)(Trujillo, Caitlin) (Entered: 11/10/2015)
2015-11-10MINUTE ORDER granting 42 defendant's Motion for Extension of Time. Signed by Judge Ellen S. Huvelle on November 10, 2015. (AG) (Entered: 11/10/2015)
2015-11-1944MOTION to reconsider interlocutory order by STEPHEN AGUIAR (td) (Entered: 11/20/2015)
2015-11-2347RESPONSE re 43 NOTICE of Compliance with Court Order filed by STEPHEN AGUIAR. (jf) (Entered: 11/25/2015)
2015-11-2445MEMORANDUM OPINION. Signed by Judge Ellen S. Huvelle on November 24, 2015. (AG) (Entered: 11/24/2015)
2015-11-2446ORDER denying 44 plaintiff's Motion to Reconsider September 30, 2015 Order 39 , granting summary judgment to defendant on one remaining issue, and directing Clerk to close case. See order for details. Signed by Judge Ellen S. Huvelle on November 24, 2015. (AG) (Entered: 11/24/2015)
2015-12-1048MOTION to Alter Judgment as to 46 Order on Motion for Order, 45 Memorandum & Opinion by STEPHEN AGUIAR (td) (Entered: 12/15/2015)
2015-12-1049MOTION to Award Fees and Costs to Plaintiff by STEPHEN AGUIAR (td) (Entered: 12/15/2015)
2016-01-1550ORDER denying 48 plaintiff's Motion to Alter Judgment; granting in part and denying in part 49 plaintiff's Motion for Order Awarding Fees and Costs. See order for details. Signed by Judge Ellen S. Huvelle on January 15, 2016. (AG) (Entered: 01/15/2016)
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