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Case TitleDine Bi' Olta School Board Association v. United States Department of Interior et al
DistrictDistrict of Arizona
CityPrescott Division
Case Number3:2017cv08066
Date Filed2017-04-06
Date ClosedOpen
JudgeJudge Steven P Logan
PlaintiffDine Bi' Olta School Board Association
Case DescriptionThe Dine Bi Olta School Board Association submitted a FOIA request to the Bureau of Indian Affairs for records concerning the operations of the Bureau of Indian Education and any plans to reorganize it. The Association also requested a fee waiver. The agency acknowledged receipt of the request and indicated that it was processing the request. However, after hearing nothing further from the agency, the Association filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Department of Interior
DefendantBureau of Indian Education an agency of the United States Department of the Interior
DefendantTony L Dearman Director, Bureau of Indian Education
DefendantEmily K Arviso Acting Associate Director of the Navajo Region, Bureau of Indian Education
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-04-061COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-14099748 filed by Dine Bi' Olta School Board Association (submitted by William Kelly). (Attachments: # 1 Civil Cover Sheet)(SLQ) (Entered: 04/06/2017)
2017-04-062Filing fee paid, receipt number 0970-14099748. This case has been assigned to the Honorable Diane J Humetewa. All future pleadings or documents should bear the correct case number: CV-17-08066-PCT-DJH. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (SLQ) (Entered: 04/06/2017)
2017-04-073ORDER 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. ORDERED that Plaintiff serve a copy of this Order upon Defendants and file a notice of service. See Order for details. Signed by Judge Diane J Humetewa on 4/7/2017. (LFIG) (Entered: 04/07/2017)
2017-04-074SUMMONS Submitted by Dine Bi' Olta School Board Association. (Kelly, William) (Entered: 04/07/2017)
2017-04-075SUMMONS Submitted by Dine Bi' Olta School Board Association. (Kelly, William) (Entered: 04/07/2017)
2017-04-076SUMMONS Submitted by Dine Bi' Olta School Board Association. (Kelly, William) (Entered: 04/07/2017)
2017-04-077SUMMONS Submitted by Dine Bi' Olta School Board Association. (Kelly, William) (Entered: 04/07/2017)
2017-04-078SUMMONS Submitted by Dine Bi' Olta School Board Association. (Kelly, William) (Entered: 04/07/2017)
2017-04-079SUMMONS Submitted by Dine Bi' Olta School Board Association. (Kelly, William) (Entered: 04/07/2017)
2017-04-1010Summons Issued as to Emily K Arviso, Bureau of Indian Education, Tony L Dearman, United States Department of Interior, U.S. Attorney and U.S. Attorney General, Summons Issued as to Emily K Arviso, Bureau of Indian Education, Tony L Dearman, United States Department of Interior. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 04/10/2017)
2017-04-1011NOTICE re: of Service by Dine Bi' Olta School Board Association re: 3 Order re Rule 12(b) Motions . (Attachments: # 1 Exhibit Order)(Kelly, William) (Entered: 04/10/2017)
2017-05-1212STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT by Emily K Arviso, Bureau of Indian Education, Tony L Dearman, United States Department of Interior. (Attachments: # 1 Text of Proposed Order)(Harwood, Ann) (Entered: 05/12/2017)
2017-05-1513ORDER OF RECUSAL. That this matter has been reassigned by the Clerk of Court, by random lot, to the Honorable Deborah M. Fine, United States Magistrate Judge. All future pleadings and papers submitted for filing shall bear the following complete case number: CV-17-08066-PCT-DMF. Signed by Judge Diane J Humetewa on 5/15/17. (Attachments: # 1 Instructions, # 2 Consent Form)(MAP) (Entered: 05/15/2017)
2017-05-15Magistrate Election Form Deadline. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 05/15/2017)
2017-05-1514ORDER granting 12 Stipulation For Extension of Time To Answer Complaint: Emily K Arviso answer due 7/14/2017; Bureau of Indian Education answer due 7/14/2017; Tony L Dearman answer due 7/14/2017; United States Department of Interior answer due 7/14/2017. Signed by Magistrate Judge Deborah M Fine on 5/15/17. (LAD) (Entered: 05/15/2017)
2017-05-1615Party 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: 05/17/2017)
2017-05-1716MINUTE 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 Steven P. Logan. All further pleadings/papers should now list the following COMPLETE case number: CV-17-8066-PCT-SPL. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 05/17/2017)
2017-05-1817SCHEDULING ORDER (See Order for details). Signed by Judge Steven P. Logan on 5/18/17. (CLB) (Entered: 05/18/2017)
2017-05-2318Party 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: 05/23/2017)
2017-06-1919* SERVICE EXECUTED Notice of Service of Complaint by Dine Bi' Olta School Board Association re: 10 Summons Issued as to USA - Emily K Arviso "Available for Pickup" on 4/12/17; US Department of Interiror on 4/14/17; Tony L Dearman on 4/14/17; Bureau of Indian Education on 4/14/17; US Attorney, Civil Process Clerk, on 4/14/17; US Attorney General Jeff Sessions on 4/17/17 . (Attachments: # 1 Exhibit Declaration)(Kelly, William) * Modified to correct event and add text regarding who was served and when on 6/20/2017 (LAD). (Entered: 06/19/2017)
2017-07-1220STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT (Second Request) by Emily K Arviso, Bureau of Indian Education, Tony L Dearman, United States Department of Interior. (Attachments: # 1 Text of Proposed Order)(Harwood, Ann) (Entered: 07/12/2017)
2017-07-1221ORDER granting the parties' 20 Stipulation For Extension of Time To Answer Complaint. Defendants shall have until August 14, 2017 to file an answer to the Complaint.. Signed by Judge Steven P. Logan on 7/12/17. (CLB) (Entered: 07/12/2017)
2017-08-1422ANSWER to 1 Complaint by Emily K Arviso, Bureau of Indian Education, Tony L Dearman, United States Department of Interior.(Harwood, Ann) (Entered: 08/14/2017)
2017-09-2923*STATUS REPORT JOINT by United States Department of Interior., Bureau of Indian Education, Tony L Dearman, Emily K Arviso (Harwood, Ann) *Modified to add additional filers on 10/2/2017 (REK). (Entered: 09/29/2017)
2017-10-0524ORDER granting 23 the Stipulation. The Dispositive Motion deadline shall be extended to May 15, 2018. Signed by Judge Steven P. Logan on 10/5/17. (CLB) (Entered: 10/05/2017)
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by FOIA Project Staff