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Case TitleOliveira v. Jewell et al
DistrictDistrict of Arizona
CityPhoenix Division
Case Number2:2016cv02925
Date Filed2016-08-31
Date ClosedOpen
JudgeJudge Douglas L Rayes
PlaintiffJohn Oliveira an individual
Case DescriptionJohn Oliveira believed the Bureau of Indian Affairs had improperly disclosed personal information about him. He submitted a number of FOIA requests to the agency for records concerning his allegations, but after hearing nothing further from the agency, Oliveira filed suit under the Privacy Act, the Federal Torts Claim Act and the FOIA.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantSally Jewell Secretary of the Interior for United States of America, Department of the Interior
DefendantSally Jewell Secretary of the Interior for United States of America, Department of the Interior
TERMINATED: 02/28/2017
DefendantLawrence S Roberts Assistant Secretary of the Interior, Bureau of Indian Affairs
DefendantLawrence S Roberts Assistant Secretary of the Interior, Bureau of Indian Affairs
TERMINATED: 02/28/2017
DefendantDamon Edminsten Division Chief for Internal Affairs, Bureau of Indian Affairs
DefendantCarleen Fischer Special Agent in Charge for the Bureau of Indian Affairs
DefendantAnn Button Contracting Officer Technical Representative (COTR), Bureau of Indian Affairs
DefendantParties named as: John and Jane Does I-IX
DefendantKevin Jack Haugrud
DefendantKevin Jack Haugrud Secretary of the Interior for United States of America, Department of the Interior
DefendantWeldon Bruce Loudermilk
DefendantWeldon Bruce Loudermilk Assistant Secretary of the Interior, Bureau of Indian Affairs
Documents
Docket
Complaint
Opinion/Order [36]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-08-311COMPLAINT. Filing fee received: $400.00, receipt number PHX175893 filed by John Oliveira.(REK) (Entered: 08/31/2016)
2016-08-312Filing fee paid, receipt number PHX175893. This case has been assigned to the Honorable Eileen S. Willett. All future pleadings or documents should bear the correct case number: CV-16-02925-PHX-ESW. Magistrate Election form attached. (Attachments: # 1 Magistrate Consent Form)(REK) (Entered: 08/31/2016)
2016-08-31Summons Issued as to Ann Button, Damon Edminsten, Carleen Fischer, Sally Jewell, Lawrence S Roberts in paper at case opening. (BAS) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Entered: 09/01/2016)
2016-09-063REQUEST BY NON-PRISONER PRO SE PARTY FOR ELECTRONIC NOTICING filed by John Oliveira. Pro se parties must promptly notify the Clerks Office, in writing, if there is a change in designated e-mail address or mailing address. (REK) (Entered: 09/07/2016)
2016-09-094Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 09/12/2016)
2016-09-125MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. FURTHER ORDERED Case reassigned by random draw to Judge Douglas L. Rayes. All further pleadings/papers should now list the following COMPLETE case number: CV-16-2925-PHX-DLR. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 09/12/2016)
2016-09-126ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED directing Plaintiff familiarize himself with theFederal Rules of Civil Procedure and Local Rules for the District of Arizona. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See attached Order for complete details. Signed by Judge Douglas L Rayes on 9/12/2016. (MMO) (Entered: 09/12/2016)
2016-09-307First MOTION for Extension of Time to File Answer re: 1 Complaint by Ann Button, Damon Edminsten, Carleen Fischer, Sally Jewell, Lawrence S Roberts. (Attachments: # 1 Text of Proposed Order)(Harwood, Ann) (Entered: 09/30/2016)
2016-10-038SCHEDULING ORDER: Defendant shall serve an answer or otherwise plead withinthirty (30) days after service, unless the Court otherwise directs for good cause shown. The deadline for filing dispositive motions is six (6) months from the date the case is filed. (See Order for details.) Signed by Judge Douglas L Rayes on 10/3/2016. (MMO) (Entered: 10/03/2016)
2016-10-059ORDER granting 7 Motion for Extension of Time to Answer. Defendants' Answer or responsive pleading to Plaintiff's Complaint is extended through and including 11/9/2016. Signed by Judge Douglas L Rayes on 10/5/2016. (MMO) (Entered: 10/05/2016)
2016-10-3110MOTION to Allow Electronic Filing by a Party Appearing Without an Attorney and Supporting Information by John Oliveira. (REK) (Entered: 11/01/2016)
2016-11-0211ORDER denying 10 Motion to Allow Electronic Filing by a Party Appearing without an Attorney and Supporting Information. Signed by Judge Douglas L Rayes on 11/2/2016. (MMO) (Entered: 11/02/2016)
2016-11-0912ANSWER to 1 Complaint by Ann Button, Damon Edminsten, Carleen Fischer, Sally Jewell, Lawrence S Roberts.(Harwood, Ann) (Entered: 11/09/2016)
2016-11-1513***VACATED by (Doc. 14)--ORDER: Rule 16 Scheduling Conference set for 2/3/2017 at 09:00 AM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Douglas L Rayes. The parties are directed to meet and confer at least 14 calendar days before the Scheduling Conference as required by Federal Rule of Civil Procedure 26(f). (See Order for details.) Signed by Judge Douglas L Rayes on 11/15/2016. (MMO) Modified on 11/18/2016 (ATD). (Entered: 11/15/2016)
2016-11-1614ORDER: Order setting Rule 16 Scheduling Conference for 2/3/2017 is VACATED. The Scheduling Order (Doc. 8 ) issued 10/3/2016 pursuant to the expedited case track assignment is AFFIRMED. Ordered by Judge Douglas L Rayes on 11/16/2016. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) (Entered: 11/16/2016)
2016-12-1515*MOTION to Dismiss Counts/Claims for Lack of Jurisdiction : FTCA claims, Counts II-VII by Ann Button, Damon Edminsten, Carleen Fischer, Sally Jewell, Lawrence S Roberts. (Attachments: # 1 Attachment A)(Harwood, Ann) *Modified to correct motion type on 12/16/2016 (REK). (Entered: 12/15/2016)
2017-01-1716*Stipulation for Extension of Time to File Response/Reply as to 15 MOTION to Dismiss for Lack of Jurisdiction Stipulation by Ann Button, Damon Edminsten, Carleen Fischer, Sally Jewell, Lawrence S Roberts. (Attachments: # 1 Text of Proposed Order)(Harwood, Ann) *Modified to correct event on 1/18/2017 (REK). (Entered: 01/17/2017)
2017-01-1917ORDER granting 16 Stipulation for Extension of Response Time. Deadline for Plaintiff to respond to Defendant's 15 Motion to Dismiss is extended through and including 1/30/2017. Signed by Judge Douglas L Rayes on 1/19/17. (MMO) Modified on 1/19/2017 (MMO). (Entered: 01/19/2017)
2017-01-2718RESPONSE in Opposition to Motion re: 15 MOTION to Dismiss for Lack of Jurisdiction and Request for Rule 16 Conference filed by John Oliveira. (EJA) (Entered: 01/30/2017)
2017-02-1319REPLY to Response to Motion re: 15 MOTION to Dismiss for Lack of Jurisdiction filed by Ann Button, Damon Edminsten, Carleen Fischer, Kevin Jack Haugrud, Weldon Bruce Loudermilk. (Harwood, Ann) (Entered: 02/13/2017)
2017-02-2820*NOTICE OF ATTORNEY APPEARANCE: Kristina L. Morrison appearing for Ann Button, Damon Edminsten, Carleen Fischer, Kevin Jack Haugrud, Weldon Bruce Loudermilk. (Morrison, Kristina) *Modified remove filer on 2/28/2017 (DXD). (Entered: 02/28/2017)
2017-02-2821MOTION for Summary Judgment by Ann Button, Damon Edminsten, Carleen Fischer, Kevin Jack Haugrud, Weldon Bruce Loudermilk. (Morrison, Kristina) *Modified to remove filer Roberts on 2/28/2017 (DXD). (Entered: 02/28/2017)
2017-02-2822STATEMENT OF FACTS re: 21 MOTION for Summary Judgment by Defendants Ann Button, Damon Edminsten, Carleen Fischer, Kevin Jack Haugrud, Weldon Bruce Loudermilk. (Attachments: # 1 Exhibit)(Morrison, Kristina) *Modified to remove filer on 2/28/2017 (DXD). (Entered: 02/28/2017)
2017-04-0323RESPONSE (Opposition) to 21 MOTION for Summary Judgment on counts I and VIII filed by John Oliveira. (SLQ) (Entered: 04/03/2017)
2017-04-0324STATEMENT OF FACTS in support of 23 Response to Motion for Summary Judgment, Controverting re: 22 Statement of Facts by Plaintiff John Oliveira. (SLQ) (Entered: 04/03/2017)
2017-04-0325DECLARATION of John Oliveira in support of 23 Response to Motion for Summary Judgment by Plaintiff John Oliveira. (SLQ) (Entered: 04/03/2017)
2017-04-1826REPLY to Response to Motion re: 21 MOTION for Summary Judgment filed by Ann Button, Damon Edminsten, Carleen Fischer, Kevin Jack Haugrud, Weldon Bruce Loudermilk. (Harwood, Ann) (Entered: 04/18/2017)
2017-04-1827OBJECTION re: 24 Statement of Facts by Defendants Ann Button, Damon Edminsten, Carleen Fischer, Kevin Jack Haugrud, Weldon Bruce Loudermilk. (Harwood, Ann) (Entered: 04/18/2017)
2017-04-1828Additional Attachments to Main Document re: 26 Reply to Response to Motion Exhibit A - FOIA Response by Defendants Ann Button, Damon Edminsten, Carleen Fischer, Kevin Jack Haugrud, Weldon Bruce Loudermilk. (Harwood, Ann) (Entered: 04/18/2017)
2017-04-2029MOTION for Hearing re: Rule 16 Pretrial Conference by John Oliveira. (SLQ) (Entered: 04/21/2017)
2017-04-2030SUPPLEMENTAL Citation to Plaintiff's Opposition re: 23 Response to Motion for Summary Judgment by Plaintiff John Oliveira. (SLQ) (Entered: 04/21/2017)
2017-05-0131RESPONSE to Motion re: 29 MOTION for Hearing or Conference re: Rule 16 Pretrial Conference filed by Ann Button, Damon Edminsten, Carleen Fischer, Kevin Jack Haugrud, Weldon Bruce Loudermilk. (Harwood, Ann) (Entered: 05/01/2017)
2017-06-0632ORDER denying without prejudice Plaintiff's 29 Request for Rule 16 Pretrial Conference. Signed by Judge Douglas L Rayes on 6/5/2017.(MMO) (Entered: 06/06/2017)
2017-06-0633ORDER: Oral Argument as to 15 Motion to Dismiss FTCA Claims and 21 Motion for Summary Judgment set for 7/14/2017 at 09:30 AM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Douglas L Rayes. Oral argument is set for 1 hour. To assist the court reporter, the parties shall prepare and bring to the oral argument a Table of Authorities, in alphabetical order, which includes all of the authorities on which the parties will rely at the oral argument. Signed by Judge Douglas L Rayes on 6/6/2017. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) (Entered: 06/06/2017)
2017-07-1434MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Oral Argument held on 7/14/2017 Re: 15 Defendants' Motion to Dismiss FTCA Claims, and 21 Defendants' Motion for Summary Judgment. Defendants shall produce the administrative investigation file to the plaintiff by no later than 8/15/17. Plaintiff's supplemental response to 21 Defendants' Motion for Summary Judgment incorporating information from the file shall be filed by no later than 10/1/17. Motions are taken under advisement. APPEARANCES: Pro Se Plaintiff John Oliveira. Ann Harwood for Defendants Sally Jewell, Damon Edminsten, Carleen Fischer, Ann Button, Kevin Jack Haugrud, and Weldon Bruce Loudermilk. (Court Reporter Jennifer Pancratz.) Hearing held 9:29 AM to 10:04 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) (Entered: 07/14/2017)
2017-07-1435DECLARATION of Matthew Pryor in Support of 22 Statement of Facts in Opposition to Defendants' MSJ by Plaintiff John Oliveira. (EJA) (Entered: 07/14/2017)
2017-07-2636ORDER granting 15 Motion to Dismiss FTCA Claims. (See Order for details.) Signed by Judge Douglas L Rayes on 7/26/2017. (MMO) (Entered: 07/26/2017)
2017-07-2637NOTICE advising the parties the Court will defer ruling on the remainder of Defendants' motion for summary judgment until the parties have completed the limited discovery authorized by the Court during the July 14, 2017 oral argument and filed their supplemental briefs. Signed by Judge Douglas L Rayes on 7/26/2017. (MMO) (Entered: 07/26/2017)
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by FOIA Project Staff