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Case TitleGARZA v. UNITED STATES MARSHAL SERVICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv00976
Date Filed2016-05-24
Date Closed2018-09-28
JudgeJudge Emmet G. Sullivan
PlaintiffJORGE LUIS GARZA
Case DescriptionJorge Luis Garza submitted a FOIA request to the U.S. Marshals Service for records concerning a probation violation that was the basis of his detention and potential deportation to Colombia. The agency responded by disclosing 77 pages. Garza believed none of the pages responded to his request and filed an appeal with the Office of Information Policy. OIP upheld the Marshal Service's response and Garza filed suit.
Complaint issues: Adequacy - Search

DefendantUNITED STATES MARSHAL SERVICE
DefendantFEDERAL BUREAU OF INVESTIGATION 16cv0980
DefendantUNITED STATES DRUG ENFORCEMENT AGENCY 16cv0985
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [47]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-05-241COMPLAINT against UNITED STATES MARSHAL SERVICE filed by JORGE LUIS GARZA. (Attachments: # 1 Civil Cover Sheet)(sb) (Entered: 05/26/2016)
2016-05-242MOTION for Leave to Proceed in forma pauperis by JORGE LUIS GARZA (sb) (Entered: 05/26/2016)
2016-05-243PRO SE ORDER directing within 30 days of this Order, unless an extension of time is granted, plaintiff to provide a six month trust fund prisoner account statement and failure to comply will result in dismissal of case. Plaintiff shall provide the requested information specific within this order.Signed by Judge Ketanji Brown Jackson on 5/20/16. (sb) (Entered: 05/26/2016)
2016-05-24Initiating Pleading & IFP Application Received on 5/13/16. (sb) (Entered: 05/26/2016)
2016-06-094MOTION for Extension of Time to provide the required information in the 3 Order issued by JORGE LUIS GARZA. (md) (Entered: 06/10/2016)
2016-06-205PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by JORGE LUIS GARZA. (md) (Entered: 06/21/2016)
2016-06-246ORDER GRANTING 4 Motion for Extension of Time to File the required information. Signed by Judge Christopher R. Cooper on 6/21/2016. (md) (Entered: 06/24/2016)
2016-07-287ORDER GRANTING 2 Motion for Leave to Proceed in forma pauperis. Signed by Colleen Kollar-Kotelly on 7/26/2016. (md) (Entered: 08/01/2016)
2016-07-28Case Reassigned to Judge Emmet G. Sullivan. Unassigned no longer assigned to the case. (md) (Entered: 08/01/2016)
2016-08-048SUMMONS (3) Issued as to UNITED STATES MARSHAL SERVICE, U.S. Attorney and U.S. Attorney General (jd) (Entered: 08/04/2016)
2016-08-099RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/05/2016., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/5/2016. ( Answer due for ALL FEDERAL DEFENDANTS by 9/4/2016.) (jf) (Entered: 08/10/2016)
2016-08-19Partial Filing Fee Received from JORGE LUIS GARZA in the amount of $68.38, receipt number: 4616080003. (zrdj) (Entered: 08/19/2016)
2016-08-1910MOTION to Take Judicial Notice by JORGE LUIS GARZA (jf) (Entered: 08/25/2016)
2016-08-2511NOTICE of Appearance by Patricia K. McBride on behalf of All Defendants (McBride, Patricia) (Entered: 08/25/2016)
2016-08-2612MOTION for Extension of Time to 10-13-2016 by UNITED STATES MARSHAL SERVICE (McBride, Patricia) Modified on 8/29/2016 (jf). (Entered: 08/26/2016)
2016-08-29MINUTE ORDER granting 12 defendant's motion for extension of time. The government is directed to answer or otherwise respond to the complaint by no later than October 13, 2016. Signed by Judge Emmet G. Sullivan on 08/29/2016. (lcegs3) (Entered: 08/29/2016)
2016-08-29Set/Reset Deadlines: Government Answer or Response To Complaint due by 10/13/2016. (mac) (Entered: 08/29/2016)
2016-10-18MINUTE ORDER granting 10 plaintiff's motion to take judicial notice in Civil Case No. 16-976, ECF No. 11 plaintiff's motion to take judicial notice in Civil Case No. 16-980, ECF No. 11 plaintiff's motion to take judicial notice in Civil Case No. 16-985, and ECF No. 14 plaintiff's motion to take judicial notice in Civil Case No. 16-980. See LCvR 7(b) (when opposition is not timely filed, "the Court may treat the motion as conceded"). In light of plaintiff's pro se and incarcerated status, Local Rule 7(m)'s duty to confer requirement does not apply to plaintiff. Cf. LCvR 7(m) ("The duty to confer also applies to non-incarcerated parties appearing pro se."). Signed by Judge Emmet G. Sullivan on 10/18/2016. (lcegs3) (Entered: 10/18/2016)
2016-10-1913MOTION for Leave to File Answer by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DRUG ENFORCEMENT AGENCY, UNITED STATES MARSHAL SERVICE (Attachments: # 1 Answer)(McBride, Patricia) (Entered: 10/19/2016)
2016-10-19MINUTE ORDER treating as opposed and granting over objection 13 defendants' motion for leave to file an answer. Defendants are directed to file their answer forthwith. Signed by Judge Emmet G. Sullivan on 10/19/2016. (lcegs3) (Entered: 10/19/2016)
2016-10-1914ANSWER to 1 Complaint by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DRUG ENFORCEMENT AGENCY, UNITED STATES MARSHAL SERVICE.(znmw) (Entered: 10/20/2016)
2016-11-0215STANDING ORDER. The parties are directed to read this Order in its entirety upon receipt. The parties shall file a proposed schedule for future proceedings by no later than November 21, 2016. Signed by Judge Emmet G. Sullivan on 11/2/2016. (lcegs3) (Entered: 11/02/2016)
2016-11-02Set/Reset Deadlines: Proposed Schedule For Future Proceedings due by 11/21/2016. (mac) (Entered: 11/02/2016)
2016-11-07Partial Filing Fee Received from JORGE LUIS GARZA in the amount of $100.00, receipt number: 4616081467. (zrdj) (Entered: 11/09/2016)
2016-11-1717NOTICE of Proposed Schedule for Future Proceedings by JORGE LUIS GARZA (jf) (Entered: 11/21/2016)
2016-11-1816MEET AND CONFER STATEMENT. (McBride, Patricia) (Entered: 11/18/2016)
2016-11-21MINUTE ORDER: On consideration of the parties' proposed briefing schedules, ECF Nos. 16-17, it is hereby ORDERED that defendant shall file its summary judgment by February 15, 2017; plaintiff shall file his opposition and cross-motion by March 15 2017; defendant shall file its reply and opposition to plaintiff's cross-motion by April 1, 2017; plaintiff shall file his reply by April 30, 2017. Signed by Judge Emmet G. Sullivan on 11/21/16. (ms) (Entered: 11/21/2016)
2016-11-21Set/Reset Deadlines: Defendant Summary Judgment Motion due by 2/15/2017. Plaintiff Opposition And Cross-Motion due by 3/15/2017. Defendant Reply and Opposition To Plaintiff's Cross-Motion due by 4/1/2017. Plaintiff due by 4/30/2017. (mac) (Entered: 11/21/2016)
2016-12-0118Proposed NOTICE of Proposed Schedule for Future Proceedings by JORGE LUIS GARZA (td) (Entered: 12/02/2016)
2017-01-0919NOTICE of Change of Address by JORGE LUIS GARZA (jf) (Entered: 01/11/2017)
2017-01-3120NOTICE by JORGE LUIS GARZA. "Leave to file GRANTED" signed by Judge Emmet G. Sullivan (jf) (Entered: 01/31/2017)
2017-02-0821MOTION for Extension of Time to by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DRUG ENFORCEMENT AGENCY, UNITED STATES MARSHAL SERVICE (McBride, Patricia) (Entered: 02/08/2017)
2017-02-14MINUTE ORDER: For good cause shown, defendant's 21 Motion for Extension of Time is granted, and its dispositive motion is due by March 30, 2017. Signed by Judge Emmet G. Sullivan on 2/14/17. (ms) (Entered: 02/14/2017)
2017-02-15Partial Filing Fee Received from JORGE LUIS GARZA in the amount of $50.00, receipt number: 4616083005. (zrdj) (Entered: 02/15/2017)
2017-02-15Set/Reset Deadlines: Defendant Dispositive Motion due by 3/30/2017. (mac) (Entered: 02/15/2017)
2017-02-1622RESPONSE re 21 MOTION for Extension of Time to filed by JORGE LUIS GARZA. (jf) (Entered: 02/21/2017)
2017-03-07Partial Filing Fee Received from JORGE LUIS GARZA in the amount of $65.81, receipt number: 4616083396. (zrdj) (Entered: 03/07/2017)
2017-03-2723Unopposed MOTION for Extension of Time to by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DRUG ENFORCEMENT AGENCY, UNITED STATES MARSHAL SERVICE (McBride, Patricia) (Entered: 03/27/2017)
2017-03-29MINUTE ORDER: The parties' consent Motion for Enlargement of Time 23 By April 19, 2017, defendants shall release to plaintiff all responsive documents that are not subject to FOIA exemptions. Should the parties be unable to resolve the matter, defendants shall file a dispositive motion by May 19, 2017; plaintiff shall file his opposition or other response by June 19, 2017; defendants shall file a reply by July 13, 2017. Signed by Judge Emmet G. Sullivan on 3/29/17. (ms) (Entered: 03/29/2017)
2017-03-29Set/Reset Deadlines: Defendants Dispositive Motion due by 5/19/2017. Plaintiff Opposition or Other Response due by 6/19/2017. Defendants Reply due by 7/13/2017. (mac) (Entered: 03/29/2017)
2017-05-1724MOTION for Extension of Time to File Dispositive Motion by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DRUG ENFORCEMENT AGENCY, UNITED STATES MARSHAL SERVICE (McBride, Patricia) (Entered: 05/17/2017)
2017-05-22MINUTE ORDER: Defendant's 24 Motion for Extension of Time is granted. Its motion is due by June 2, 2017; Plaintiff's opposition is due by July 6, 2017; Defendant's reply is due by August 3, 2017. Signed by Judge Emmet G. Sullivan on 5/22/17. (ms) (Entered: 05/22/2017)
2017-05-22Set/Reset Deadlines: Defendant's Motion due by 6/2/2017. Plaintiff's Opposition due by 7/6/2017. Defendant's Reply due by 8/3/2017. (mac) (Entered: 05/22/2017)
2017-06-0225MOTION for Extension of Time to Resolve This Matter by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DRUG ENFORCEMENT AGENCY, UNITED STATES MARSHAL SERVICE (Attachments: # 1 Exhibit A)(McBride, Patricia) (Entered: 06/02/2017)
2017-06-0226RESPONSE re 25 MOTION for Extension of Time to Resolve This Matter filed by JORGE LUIS GARZA. (jf) (Entered: 06/05/2017)
2017-06-12MINUTE ORDER: The defendant's unopposed 25 Motion for Extension of Time is granted. The defendant shall file a dispositive motion by July 6, 2017 if the parties are unable to resolve this matter by that date. Signed by Judge Emmet G. Sullivan on 6/12/17. (ms) (Entered: 06/12/2017)
2017-06-12Set/Reset Deadlines: Defendant Dispositive Motion due by 7/6/2017. (mac) (Entered: 06/12/2017)
2017-07-0627MOTION for Extension of Time to by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DRUG ENFORCEMENT AGENCY, UNITED STATES MARSHAL SERVICE (Attachments: # 1 Exhibit B, # 2 Exhibit C)(McBride, Patricia) (Entered: 07/06/2017)
2017-07-11MINUTE ORDER: For good cause shown, defendant's 27 Motion for Extension of Time to August 16, 2017 is GRANTED. Signed by Judge Emmet G. Sullivan on 7/11/17. (ms) (Entered: 07/11/2017)
2017-07-2128Letter from Jorge Luis Garza. "Leave to file GRANTED" signed by Judge Emmet G. Sullivan on 07/21/2017 (jf) (Entered: 07/21/2017)
2017-08-2529MOTION for Extension of Time to Late File Status Report by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DRUG ENFORCEMENT AGENCY, UNITED STATES MARSHAL SERVICE. (McBride, Patricia) Modified event title on 8/28/2017 (znmw). (Entered: 08/25/2017)
2017-08-2530MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DRUG ENFORCEMENT AGENCY, UNITED STATES MARSHAL SERVICE (Attachments: # 1 Statement of Facts, # 2 Declaration & Exhibits [FBI], # 3 Declaration & Exhibits [USMS], # 4 Declaration & Exhibits [DEA])(McBride, Patricia) (Entered: 08/25/2017)
2017-08-30MINUTE ORDER: Defendant's 29 Motion for Extension of Time to file its Status Report is granted. Signed by Judge Emmet G. Sullivan on 8/30/17. (ms) (Entered: 08/30/2017)
2017-08-3031Order directing plaintiff to file his opposition to defendant's motion for summary judgment and his cross-motion by 9/25/2017, defendant to file its reply and opposition to plaintiff's cross-motion by 10/25/17, and plaintiff to file his reply by 11/27/17. Signed by Judge Emmet G. Sullivan on 8/30/17. (ms) (Entered: 08/30/2017)
2017-08-30Set/Reset Deadlines: Plaintiff Opposition To Defendant's Motion For Summary Judgment And Cross-Motion due by 9/25/2017. Defendant Reply And Opposition To Plaintiff's Cross-Motion due by 10/25/2017. Plaintiff Reply due by 11/27/2017. (mac) (Entered: 08/30/2017)
2017-09-1832RESPONSE re 30 MOTION for Summary Judgment filed by JORGE LUIS GARZA. (jf) (Entered: 09/20/2017)
2017-09-2233MOTION for Extension of Time to Revise Briefing Schedule by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DRUG ENFORCEMENT AGENCY, UNITED STATES MARSHAL SERVICE (McBride, Patricia) (Entered: 09/22/2017)
2017-09-2234MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DRUG ENFORCEMENT AGENCY, UNITED STATES MARSHAL SERVICE (Attachments: # 1 Statement of Facts)(McBride, Patricia) (Entered: 09/22/2017)
2017-10-0335ORDER denying without prejudice 30 Defendant's Motion for Summary Judgment and granting 33 Defendants' Motion for Extension of Time. The plaintiff shall file his opposition or other response to Defendants' [Amended] Motion for Summary Judgment, ECF No. 34, and cross-motion, if any, by November 3, 2017. The defendants shall file their reply and opposition the plaintiff's cross-motion by December 4, 2017, and the plaintiff shall file his reply by January 12, 2018. Signed by Judge Emmet G. Sullivan on 10/3/17. (ms) (Entered: 10/03/2017)
2017-10-04Set/Reset Deadlines: Plaintiff Opposition Or Other Response to Defendants' [Amended] Motion for Summary Judgment And Cross-Motion, If Any, due by 11/3/2017. Defendants Reply And Opposition To The Plaintiff's Cross-Motion due by 12/4/2017. Plaintiff Reply due by 1/12/2018. (mac) (Entered: 10/04/2017)
2017-10-1736MOTION for Entry of Default, MOTION to Take Judicial Notice by JORGE LUIS GARZA (Attachments: # 1 Exhibit) "Leave to file GRANTED" signed by Judge Emmet G. Sullivan on 10/18/2017(jf) (Entered: 10/18/2017)
2017-10-2337Memorandum in opposition to re 34 MOTION for Summary Judgment filed by JORGE LUIS GARZA. (jf) (Entered: 10/23/2017)
2017-10-2738MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion for Default Judgment by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DRUG ENFORCEMENT AGENCY, UNITED STATES MARSHAL SERVICE (Attachments: # 1 Text of Proposed Order)(McBride, Patricia) (Entered: 10/27/2017)
2017-10-30MINUTE ORDER: Defendants' 38 Motion for Extension of Time to File their opposition or other response to plaintiff's 36 MOTION for Entry of Default is GRANTED. Their response is due by 12/4/2017. Signed by Judge Emmet G. Sullivan on 10/30/17. (ms) (Entered: 10/30/2017)
2017-10-30Set/Reset Deadlines: Defendant Response due by 12/4/2017. (mac) (Entered: 10/30/2017)
2017-11-3039MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion for Default Judgment, filed by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DRUG ENFORCEMENT AGENCY, UNITED STATES MARSHAL SERVICE (McBride, Patricia) (Entered: 11/30/2017)
2017-12-04MINUTE ORDER: Defendant's 39 Motion for Extension of Time is granted. Its reply and response to plaintiff's 36 Motion for Entry of Default and to Take Judicial Notice is due by 12/26/2017. Signed by Judge Emmet G. Sullivan on 12/4/17. (ms) (Entered: 12/04/2017)
2017-12-05Set/Reset Deadlines: Defendant's Reply And Response To Plaintiff's 36 Motion For Entry Of Default And To Take Judicial Notice due by 12/26/2017. (mac) (Entered: 12/05/2017)
2017-12-2640REPLY to Opposition to re 34 MOTION for Summary Judgment , Defendants' Reply in Support of Motion for Summary Judgment and Opposition to Plaintiff's Motion for Default and Judicial Notice Default, filed by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DRUG ENFORCEMENT AGENCY, UNITED STATES MARSHAL SERVICE. (McBride, Patricia) Modified event title on 12/27/2017 (znmw). (Entered: 12/26/2017)
2017-12-2641Memorandum in opposition to re 36 MOTION for Entry of Default MOTION to Take Judicial Notice filed by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DRUG ENFORCEMENT AGENCY, UNITED STATES MARSHAL SERVICE. (See Docket Entry 40 to view document). (znmw) (Entered: 12/27/2017)
2018-01-1042ENTERED IN ERROR. . . . .REPLY to opposition to motion re 36 MOTION for Entry of Default MOTION to Take Judicial Notice filed by JORGE LUIS GARZA. (Attachments: # 1 Exhibit Delivery confirmation, # 2 Exhibit Delivery confirmation, # 3 Errata Delivery confirmation)(td) Modified (Surreply, document forwarded to chambers) on 1/18/2018 (td). (Entered: 01/18/2018)
2018-02-1243SURREPLY to re 34 MOTION for Summary Judgment filed by JORGE LUIS GARZA. "Leave to file GRANTED" signed by Judge Emmet G. Sullivan on 02/12/2018 (jf) (Entered: 02/13/2018)
2018-08-1344MOTION for Status of Case by JORGE LUIS GARZA. (tth) (Entered: 08/16/2018)
2018-08-1345MOTION to Take Judicial Notice by JORGE LUIS GARZA. (See Docket Entry 44 to view document) (tth) (Entered: 08/16/2018)
2018-08-2446SECOND MOTION to Take Judicial Notice by JORGE LUIS GARZA. (tth) (Entered: 08/28/2018)
2018-09-2847MEMORANDUM OPINION granting 34 defendants' amended motion for summary judgment; denying 36 plaintiff's motion for entry of default and judicial notice; denying 44 plaintiff's motion for status of case and judicial notice; denying 46 plaintiff's second motion for judicial notice. See document for details. Signed by Judge Emmet G. Sullivan on 9/28/2018. (dm) (Entered: 09/28/2018)
2018-09-2848ORDER granting 34 defendants' amended motion for summary judgment; denying 36 plaintiff's motion for entry of default and judicial notice; denying 44 plaintiff's motion for status of case and judicial notice; denying 46 plaintiff's second motion for judicial notice. See document for details. Signed by Judge Emmet G. Sullivan on 9/28/2018. (dm) (Entered: 09/28/2018)
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