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Case TitleMescalero Apache Tribe v. United States Department of the Interior
DistrictDistrict of New Mexico
CityLas Cruces
Case Number2:2017cv00499
Date Filed2017-04-27
Date ClosedOpen
JudgeMagistrate Judge Gregory J. Fouratt
PlaintiffMescalero Apache Tribe
Case DescriptionThe Mescalero Apache Tribe submitted a FOIA request to the Department of Interior for two opinions written by the Associate Solicitor in 1996 and 1997 pertaining to the Fort Sill Apache Tribe. The agency denied the request under Exemption 5 (privileges). The Mescalero Apache Tribe filed an administrative appeal, but after hearing nothing further from the agency, the Mescalero Apache Tribe filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Department of the Interior
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-04-271COMPLAINT FOR INJUNCTIVE RELIEF against United States Department of the Interior ( Filing Fee - Online Payment), filed by Mescalero Apache Tribe. (Attachments: # 1 Civil Cover Sheet)(Wheeler, John) (Entered: 04/27/2017)
2017-04-27Filing and Administrative Fees Received: $ 400 receipt number 1084-5171920 re 1 Complaint filed by Mescalero Apache Tribe (Payment made via Pay.gov)(Wheeler, John) (Entered: 04/27/2017)
2017-04-27United States Magistrate Judge Gregory J. Fouratt and United States Magistrate Judge Gregory B. Wormuth assigned. (ln) (Entered: 04/28/2017)
2017-04-282PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Gregory J. Fouratt to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ln) (Entered: 04/28/2017)
2017-05-02Summons Issued as to United States Department of the Interior, U.S. Attorney and U.S. Attorney General. (mr) (Entered: 05/02/2017)
2017-06-133FILED IN ERROR ACKNOWLEDGEMENT OF SERVICE Executed as to 1 Complaint Notice of Filing Proof of Service_U.S Dept of Interior Acknowledgement filed by Mescalero Apache Tribe. (Attachments: # 1 Exhibit A)(Wheeler, John) Modified text to add error on 6/14/2017 (nr). (Entered: 06/13/2017)
2017-06-134FILED IN ERROR ACKNOWLEDGEMENT OF SERVICE Executed as to 1 Complaint Notice of Filling of Proof of Service_Attorney General of U.S_Jefferson B. Sessions Acknowledgement filed by Mescalero Apache Tribe. (Attachments: # 1 Exhibit A)(Wheeler, John) Modified text to add error on 6/14/2017 (nr). (Entered: 06/13/2017)
2017-06-135FILED IN ERROR ACKNOWLEDGEMENT OF SERVICE Executed Proof of Service_Acting U.S. Attorney of the District of NM_James D. Tierny Acknowledgement filed by Mescalero Apache Tribe. (Wheeler, John) Modified text to add error on 6/14/2017 (nr). (Entered: 06/13/2017)
2017-06-156SUMMONS Returned Executed by Mescalero Apache Tribe. United States Department of the Interior served on 5/8/2017, answer due 7/7/2017. (Wheeler, John) (Entered: 06/15/2017)
2017-06-157SUMMONS Returned Executed by Mescalero Apache Tribe. United States Department of the Interior served on 5/9/2017, answer due 7/10/2017. (Wheeler, John) (Entered: 06/15/2017)
2017-06-158SUMMONS Returned Executed by Mescalero Apache Tribe. United States Department of the Interior served on 5/8/2017, answer due 7/10/2017. (Wheeler, John) (Entered: 06/15/2017)
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by FOIA Project Staff