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Case TitleReyes v. Bureau of Indian Affairs Western Regional Office
DistrictSouthern District of California
CitySan Diego
Case Number3:2017cv01190
Date Filed2017-06-13
Date ClosedOpen
JudgeJudge John A. Houston
PlaintiffEmilio Reyes
Case DescriptionEmilio Reyes submitted a FOIA request to the Bureau of Indian Affairs, Western Regional Office for records concerning censuses for the Papago Indians from 1920-1940. The agency withheld 1,005 documents in full. Reyes then filed suit.
Complaint issues: Litigation - Vaughn index

DefendantBureau of Indian Affairs Western Regional Office
DefendantUnited States Department of the Interior Office of the Solicitor
DefendantWeldon Bruce Loudermilk in his capacity as Director of the Bureau of Indian Affairs
DefendantWeldon Bruce Loudermilk in his capacity as Director of the Bureau of Indian Affairs
TERMINATED: 11/02/2017
DefendantRyan Zinke in his capacity as Secretary of the United States Department of the Interior
DefendantRyan Zinke in his capacity as Secretary of the United States Department of the Interior
TERMINATED: 11/02/2017
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-06-131COMPLAINT against Bureau of Indian Affairs Western Regional Office, IFP Filed, filed by Emilio Reyes. (Attachments: # 1 Civil Cover Sheet) The new case number is 3:17-cv-1190-JAH-RBB. Judge John A. Houston and Magistrate Judge Ruben B. Brooks are assigned to the case.(fth) (jao). (Entered: 06/13/2017)
2017-06-132MOTION for Leave to Proceed in forma pauperis by Emilio Reyes. (fth) (jao). (Entered: 06/13/2017)
2017-06-163ORDER granting 2 Motion for Leave to Proceed in forma pauperis. US Marshal shall effect service of complaint. (ifp package and summons prepared). Signed by Judge John A. Houston on 6/15/2017. (All non-registered users served via U.S. Mail Service)(jpp) (Entered: 06/16/2017)
2017-06-164Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. Summons will be mailed to plaintiffs not receiving notice electronically. (Attachments: # 1 in forma pauperis letter)(jpp) (Entered: 06/16/2017)
2017-07-076CERTIFICATE OF SERVICE - USM Form 285 returned executed 6/27/2017 re summons, by Emilio Reyes. Office of the Attorney General served. (jpp) (Entered: 07/12/2017)
2017-07-077CERTIFICATE OF SERVICE - USM Form 285 returned executed 6/28/2017 re summons, by Emilio Reyes. Department of the Interior served. (jpp) (Entered: 07/12/2017)
2017-07-105CERTIFICATE OF SERVICE - USM Form 285 returned executed 7/07/2017 re summons, by Emilio Reyes. US Attorney San Diego served. (jpp) (Entered: 07/12/2017)
2017-07-178NOTICE OF RELATED CASE(S) by Bureau of Indian Affairs Western Regional Office of case(s) 17cv1187; 17cv1188; 17cv1189; 17cv1190; 17cv1191; 17cv1192; 17cv1193; 17cv1194; 17cv1195; 17cv1196; 17cv1197; 17cv1417; 17cv1418; 17cv1419; 17cv1420 . (Attachments: # 1 Proof of Service)(Church, Rebecca) Modified on 7/18/2017 to reflect proposed low number not prepared, case does not meet criteria for a low number order, 17CV1191-JLS(KSC) is lead case, member cases are 17CV1192-JLS(KSC) and 17CV1195-JLS(KSC). (jpp). (Entered: 07/17/2017)
2017-07-279SUMMONS Returned Executed by Emilio Reyes. (USM Form 285), Bureau of Indian Affairs Director Weldon Loudermilk served 7/20/2014. (jpp) (Entered: 07/31/2017)
2017-08-0710ANSWER to 1 Complaint, by Bureau of Indian Affairs Western Regional Office. (Attachments: # 1 Proof of Service)(Parker, Katherine)Attorney Katherine Lind Parker added to party Bureau of Indian Affairs Western Regional Office(pty:dft) (jpp). (Entered: 08/07/2017)
2017-08-0712CERTIFICATE OF SERVICE - USM Form 285 returned executed 7/24/2017 re summons, by Emilio Reyes. Assistant Secretary of Interior served. (jpp) (Entered: 08/08/2017)
2017-08-0811NOTICE AND ORDER for Early Neutral Evaluation Conference. Early Neutral Evaluation set for 9/20/2017 01:30 PM before Magistrate Judge Ruben B. Brooks. Signed by Magistrate Judge Ruben B. Brooks on 8/08/2017.(All non-registered users served via U.S. Mail Service)(jpp) (Entered: 08/08/2017)
2017-08-2213Notice of Document Discrepancies and Order Thereon by Judge John A. Houston Accepting Document 14 : First Amended Complaint, from Plaintiff Emilio Reyes. Non-compliance with local rule(s), OTHER: 5.2 Missing proof of service. Nunc Pro Tunc 8/18/2017. Signed by Judge John A. Houston on 8/22/2017.(All non-registered users served via U.S. Mail Service)(acc) (Entered: 08/22/2017)
2017-08-2214FIRST AMENDED COMPLAINT against All Defendants, filed by Emilio Reyes. Nunc pro tunc 8/18/2017.New Summons Requested. (acc) (Entered: 08/22/2017)
2017-08-2215Summons Issued 14 First Amended Complaint. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. Summons will be mailed to plaintiffs not receiving notice electronically. (acc) (Entered: 08/22/2017)
2017-09-0516MOTION to Dismiss Party (Individual Defendants) by Bureau of Indian Affairs Western Regional Office, Weldon Bruce Loudermilk, United States Department of the Interior, Ryan Zinke. (Attachments: # 1 Memo of Points and Authorities, # 2 Proof of Service)(Parker, Katherine)Attorney Katherine Lind Parker added to party Weldon Bruce Loudermilk(pty:dft), Attorney Katherine Lind Parker added to party United States Department of the Interior(pty:dft), Attorney Katherine Lind Parker added to party Ryan Zinke(pty:dft) (jpp). (Entered: 09/05/2017)
2017-09-2117Minute Order for proceedings held before Magistrate Judge Ruben B. Brooks:Early Neutral Evaluation Conference and Case Management Conference held on 9/21/2017. A settlement conference is set for December 19, 2017, at 2:00 p.m. The parties shall submit a joint settlement status report by December 12, 2017. Signed by Magistrate Judge Ruben B. Brooks on 9/21/2017. (All non-registered users served via U.S. Mail Service)(jpp) (Entered: 09/21/2017)
2017-09-2118SCHEDULING ORDER regulating discovery and other pre-trial proceedings. Settlement Conference shall be conducted on 12/19/2017, at 2:00 p.m. before Judge Ruben B. Brooks, Courtroom 2C. Proposed Pretrial Order due by 2/25/2019. Final Pretrial Conference set for 3/4/2019 02:30 PM in Courtroom 13B before Judge John A. Houston. Signed by Magistrate Judge Ruben B. Brooks on 9/21/2017.(All non-registered users served via U.S. Mail Service)(jpp) (Entered: 09/21/2017)
2017-10-1319ORDER vacating hearing on 16 motion to dismiss set for 10/16/2017. The motion is taken under submission. Signed by Judge John A. Houston on 10/11/2017.(All non-registered users served via U.S. Mail Service)(jpp) (Entered: 10/13/2017)
2017-10-3020Notice of Document Discrepancies and Order Thereon by Judge John A. Houston Accepting Document: Plaintiff's Statement of Non-Opposition to Motion for Dismissal., from Plaintiff Emilio Reyes. Non-compliance with local rule(s), Civ. L. Rule 7.1: Date noticed for hearing not in compliance with rules/documents are not timely. Nunc Pro Tunc 10/05/2017. Signed by Judge John A. Houston on 10/30/2017.(All non-registered users served via U.S. Mail Service)(jpp) (Entered: 10/30/2017)
2017-10-3021Statement of NON Opposition re 16 MOTION to Dismiss Party (Individual Defendants) , filed by Emilio Reyes.NUNC PRO TUNC 10/05/2017 (jpp) (Entered: 10/30/2017)
2017-11-0222ORDER granting 16 Defendant's Motion to Dismiss. Defendants Weldon Loudermilk, and Ryan Zinke are DISMISSED with prejudice. Signed by Judge John A. Houston on 11/02/2017. (All non-registered users served via U.S. Mail Service)(jpp) (Entered: 11/02/2017)
2017-12-2023Minute Order for proceedings held before Magistrate Judge Ruben B. Brooks: Settlement Conference held on 12/20/2017. Settlement Conference set for 2/7/2018 01:30 PM before Magistrate Judge Ruben B. Brooks. Signed by Magistrate Judge Ruben B. Brooks on 12/20/2017. (All non-registered users served via U.S. Mail Service)(jpp) (Entered: 12/20/2017)
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by FOIA Project Staff