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Case TitleReyes v. Bureau of Indian Affairs Southern California Agency
DistrictSouthern District of California
CitySan Diego
Case Number3:2017cv01191
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, Southern California Agency for records concerning San Pasqual applications for 10 named individuals. The agency withheld all responsive records. Reyes then filed suit.
Complaint issues: Litigation - Vaughn index

DefendantBureau of Indian Affairs Southern California Agency
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
DefendantAmy Dutschke in her capacity as Regional Director of the Bureau of Indian Affairs, Pacific Regional Office
DefendantAmy Dutschke in her capacity as Regional Director of the Bureau of Indian Affairs, Pacific Regional Office
TERMINATED: 11/02/2017
DefendantJavin Moore in his Superintendent of the Bureau of Indian Affairs, Southern California Agency
DefendantJavin Moore in his Superintendent of the Bureau of Indian Affairs, Southern California Agency
TERMINATED: 11/02/2017
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [3]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-06-131COMPLAINT against Bureau of Indian Affairs Southern California Agency, IFP Filed, filed by Emilio Reyes. (Attachments: # 1 Civil Cover Sheet) The new case number is 3:17-cv-1191-JLS-KSC. Judge Janis L. Sammartino and Magistrate Judge Karen S. Crawford 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)
2017-06-203ORDER (1) Granting 2 Motion to Proceed in forma pauperis (2) Directing Service. It is ordered that the Court grants Plaintiff leave to proceed IFP. The Court Orders the U.S. Marshal to serve a copy of the Complaint and summons upon Defendants as directed by Plaintiff on the USM Form 285s provided to him. All costs of that service will be advanced by the United States. Orders Defendants, once they have been served, to reply to Plaintiff's Complaint within the time provided by the applicable provisions of Federal Rule of Civil Procedure 12(a). See 42 U.S.C. § 1997e(g)(2). Orders Plaintiff, after service has been effected by the U.S. Marshal, to serve upon each Defendant, or if appearance has been entered by counsel, upon Defendants' counsel, a copy of every further pleading, motion, or other document submitted for the Courts consideration pursuant to Fed. R. Civ. P. 5 (b). Signed by Judge Janis L. Sammartino on 6/20/2017. (All non-registered users served via U.S. Mail Service)(dxj) (Entered: 06/20/2017)
2017-06-204Summons 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 IFP Letter)(IFP Packet Mailed)(dxj) (Entered: 06/20/2017)
2017-06-305ORDER Sua Sponte Consolidating Cases: (1) 17cv1191-JLS-KSC, (2) 17cv1192-JLS-JMA, (3) 17cv1195-JLS-MDD; and Designating 17cv1191-JLS-KSC as Lead Case. All future docketing will be done in the lead case. Signed by Judge Janis L. Sammartino on 6/30/2017. (All non-registered users served via U.S. Mail Service) (fth) (Entered: 06/30/2017)
2017-07-106SUMMONS Returned Executed (USM-285) by Emilio Reyes. Bureau of Indian Affairs Southern California Agency served. (fth) (Entered: 07/10/2017)
2017-07-137SUMMONS Returned Executed 17cv1192 by Emilio Reyes. Bureau of Indian Affairs Southern California Agency served. (dxj) (Entered: 07/13/2017)
2017-07-138SUMMONS Returned Executed 17cv1195 by Emilio Reyes. Bureau of Indian Affairs Southern California Agency served. (dxj) (Entered: 07/13/2017)
2017-07-179NOTICE OF RELATED CASE(S) by Bureau of Indian Affairs Southern California Agency 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) (dxj). LNO prepared (jao). (Entered: 07/17/2017)
2017-07-1910SUMMONS Returned Executed by Emilio Reyes. Bureau of Indian Affairs Southern California Agency served. (dxj) (Entered: 07/19/2017)
2017-08-0711ANSWER to 1 Complaint, Consolidated answer in cases 17-cv-1191, 17-cv-1192, and 17-cv-1195 by Bureau of Indian Affairs Southern California Agency. (Attachments: # 1 Proof of Service)(Parker, Katherine)Attorney Katherine Lind Parker added to party Bureau of Indian Affairs Southern California Agency(pty:dft) (dxj). (Entered: 08/07/2017)
2017-08-2112Notice of Document Discrepancies and Order Thereon signed by the Chambers of Judge Janis L. Sammartino Accepting Document: First Amended Complaint, from Plaintiff Emilio Reyes. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing Proof of Service. Nunc Pro Tunc 8/18/2017. (All non-registered users served via U.S. Mail Service)(mpl) (Entered: 08/21/2017)
2017-08-2113First AMENDED COMPLAINT against All Defendants, filed by Emilio Reyes. Nunc Pro Tunc 8/18/2017. (mpl) (Main Document 13 replaced on 8/22/2017) (mpl). (Entered: 08/21/2017)
2017-08-2214Notice of Document Discrepancies and Order Thereon Signed by the Chambers of Judge Janis L. Sammartino Accepting Document: First Amended Complaint, from Plaintiff Emilio Reyes. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing proof of service. OTHER: Per docket order 6: All future docketing will be done in the lead case. Nunc Pro Tunc 8/18/2017 (All non-registered users served via U.S. Mail Service)(mpl) (Entered: 08/22/2017)
2017-08-2215First AMENDED COMPLAINT re: Member Case 17cv1192-JLS-KSC against All Defendants, filed by Emilio Reyes. Nunc Pro Tunc 8/18/2017(mpl) (Main Document 15 replaced on 8/22/2017) (mpl). (Entered: 08/22/2017)
2017-08-2216Notice of Document Discrepancies and Order Thereon signed by the Chambers of Judge Janis L. Sammartino Accepting Document: First Amended Complaint, from Plaintiff Emilio Reyes. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing proof of service. OTHER: Per order docket 6: All future docketing will be done in the lead case. Nunc Pro Tunc 8/18/2017 (All non-registered users served via U.S. Mail Service)(mpl) (Entered: 08/22/2017)
2017-08-2217First AMENDED COMPLAINT re: member case 17cv1195-JLS-KSC, against All Defendants, filed by Emilio Reyes. Nunc Pro Tunc 8/18/2017 (mpl). (Entered: 08/22/2017)
2017-08-2218ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to Judge John A. Houston and Magistrate Judge Ruben B. Brooks for all further proceedings. Judge Janis L. Sammartino, Magistrate Judge Karen S. Crawford no longer assigned to case. Pending hearings previously set before the original Judge(s) have been transferred to the newly assigned Judge(s). Create association to 3:17-cv-01190-JAH-RBB. The new case number is 17cv1191-JAH-RBB. Signed by Judge Janis L. Sammartino on 8/22/2017. Signed by Judge John Houston on 8/14/2017.(All non-registered users served via U.S. Mail Service)(mpl) (Entered: 08/24/2017)
2017-08-2819Summons 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 IFP Letter)(IFP Packet Mailed) (mpl) (Entered: 08/28/2017)
2017-09-0520MOTION to Dismiss Party (Individual Defendants) by Bureau of Indian Affairs Southern California Agency, Amy Dutschke, Weldon Bruce Loudermilk, Javin Moore, 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 Amy Dutschke(pty:dft), Attorney Katherine Lind Parker added to party Weldon Bruce Loudermilk(pty:dft), Attorney Katherine Lind Parker added to party Javin Moore(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) (Entered: 09/05/2017)
2017-09-0721NOTICE 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 9/07/2017.(All non-registered users served via U.S. Mail Service)(jpp) (Entered: 09/07/2017)
2017-09-1922CERTIFICATE OF SERVICE (USM Form 285), by Emilio Reyes. U.S. Attorney's Office, San Diego served summons and complaint 9/14/2017. (jpp) (Entered: 09/19/2017)
2017-09-2123Minute 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)
2017-09-2124SCHEDULING ORDER regulating discovery and other pre-trial proceedings. A 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)
2017-09-2225CERTIFICATE OF SERVICE (USM Form 285) by Emilio Reyes. Javin Moore served summons and complaint 9/14/2017.(jpp) (Entered: 09/25/2017)
2017-09-2526CERTIFICATE OF SERVICE (USM Form 285) by Emilio Reyes. Amy Dutschke served summons and complaint 9/15/2017.(jpp) (Entered: 09/25/2017)
2017-09-2527CERTIFICATE OF SERVICE (USM Form 285), by Emilio Reyes. Ryan Zinke served summons and complaint 9/18/2017.(jpp) (Entered: 09/25/2017)
2017-10-0528CERTIFICATE OF SERVICE (USM Form 285), by Emilio Reyes. Office of the Attorney General - Dept of Justice served summons and complaint 9/18/2017. (jpp) (Entered: 10/11/2017)
2017-10-3029Notice 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)
2017-10-3030Statement of NON Opposition re 20 MOTION to Dismiss Party (Individual Defendants) , filed by Emilio Reyes. NUNC PRO TUNC 10/05/2017 (jpp) (Entered: 10/30/2017)
2017-11-0231ORDER granting 20 Defendant's Motion to Dismiss. Defendants Weldon Loudermilk, Ryan Zinke, Amy Dutschke, and Javin Moore 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)
2017-12-2032Minute Order for proceedings held before Magistrate Judge Ruben B. Brooks: Settlement Conference held on 12/20/2017. The parties advised the Court that case 17cv1192-JAH(RBB) has settled. Accordingly, the Court sets a telephonic attorneys-only settlement disposition conference in 17cv1192-JAH(RBB) for January 23, 2018, at 8:00 a.m. with Magistrate Judge 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)
2017-12-2033MINUTE ORDER - Settlement Conference was held. Settlement Conference set in17CV1191-JAH(RBB) and 17CV1195-JAH(RBB) 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)
2018-01-0434Joint MOTION to Dismiss Case No. 17cv1192 JAH RBB by Bureau of Indian Affairs Southern California Agency, United States Department of the Interior. (Attachments: # 1 Proof of Service)(Church, Rebecca)Attorney Rebecca Grace Church added to party Bureau of Indian Affairs Southern California Agency(pty:dft), Attorney Rebecca Grace Church added to party United States Department of the Interior(pty:dft) (jpp). (Entered: 01/04/2018)
2018-01-0535ORDER granting 34 Joint Motion to Dismiss member case 17CV1192-JAH(RBB) without prejudice. Signed by Judge John A. Houston on 1/5/2018. (All non-registered users served via U.S. Mail Service)(jpp) (Entered: 01/05/2018)
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by FOIA Project Staff