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Case TitleReyes v. United States Department of the Interior, Bureau of Indian Affairs, Southern California Agency
DistrictSouthern District of California
CitySan Diego
Case Number3:2017cv01418
Date Filed2017-07-13
Date Closed2020-05-11
JudgeJudge John A. Houston
PlaintiffEmilio Reyes
Case DescriptionEmilio Reyes submitted a FOIA request to the Bureau of Indian Affairs for records concerning the tribal affiliation of a named individual. The agency withheld 31 documents in full and 12 documents in part. Reyes then filed suit.
Complaint issues: Litigation - Vaughn index

DefendantUnited States Department of the Interior, Bureau of Indian Affairs, Southern California Agency
DefendantUnited States Department of the Interior, Office of the Solicitor
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [12]
Opinion/Order [43]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-07-131COMPLAINT against United States Department of the Interior, 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-1418-BTM-AGS. Judge Barry Ted Moskowitz and Magistrate Judge Andrew G. Schopler are assigned to the case.(dsn) (sjt). (Entered: 07/13/2017)
2017-07-132MOTION for Leave to Proceed in forma pauperis by Emilio Reyes. (dsn) (Entered: 07/13/2017)
2017-07-173NOTICE OF RELATED CASE(S) by United States Department of the Interior, 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) qc email atty needs to file a NOA, if needed, on 7/18/2017 and prepared low number order on 7/18/2017 (rlu). (Entered: 07/17/2017)
2017-07-254NOTICE of Prior Identical Case by United States Department of the Interior, Bureau of Indian Affairs, Southern California Agency (Attachments: # 1 Proof of Service)(Church, Rebecca) (rlu). (Entered: 07/25/2017)
2017-08-235ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to District Judge John A. Houston and Magistrate Judge Ruben B. Brooks for all further proceedings. District Judge Barry Ted Moskowitz and Magistrate Judge Andrew G. Schopler no longer assigned to case. Create association to 3:17-cv-01190-(JAH) RBB. The new case number is 17cv1418-JAH (RBB). Signed by Judge Barry Ted Moskowitz on 8/22/2017. Signed by Judge John Houston on 8/18/2017. Motions set before Ruben B. Brooks.(All non-registered users served via U.S. Mail Service)(mxn) (Entered: 08/23/2017)
2017-11-066ORDER granting 2 Motion for Leave to Proceed in forma pauperis. US Marshal shall effect service of complaint. (summons and ifp package prepared). Signed by Judge John A. Houston on 11/02/2017. (All non-registered users served via U.S. Mail Service)(jpp) (Entered: 11/06/2017)
2017-11-067Summons 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: 11/06/2017)
2017-12-128SUMMONS Returned Executed by Emilio Reyes. U.S. Attorneys Office served. (jpp) (Entered: 12/13/2017)
2017-12-129SUMMONS Returned Executed by Emilio Reyes. United States Department of the Interior, Bureau of Indian Affairs, Southern California Agency served. (jpp) (Entered: 12/13/2017)
2017-12-2710SUMMONS Returned Executed by Emilio Reyes. Office of the Attorney General served.(jpp) (Entered: 01/03/2018)
2018-01-0411ANSWER to 1 Complaint, by United States Department of the Interior, Bureau of Indian Affairs, Southern California Agency. (Attachments: # 1 Proof of Service)(Church, Rebecca)Attorney Rebecca Grace Church added to party United States Department of the Interior, Bureau of Indian Affairs, Southern California Agency (pty:dft) (jpp). (Entered: 01/04/2018)
2018-01-0912NOTICE AND ORDER for Early Neutral Evaluation Conference. Early Neutral Evaluation set for 2/7/2018 01:30 PM before Magistrate Judge Ruben B. Brooks. Signed by Magistrate Judge Ruben B. Brooks on 1/09/2018.(All non-registered users served via U.S. Mail Service)(jpp) (Entered: 01/09/2018)
2018-02-0813Minute Order for proceedings held before Magistrate Judge Ruben B. Brooks. Early Neutral Evaluation Conference held on 2/8/2018. Settlement Conference set for 5/16/2018 at 1:30pm. Signed by Magistrate Judge Ruben B. Brooks on 2/08/2018. (All non-registered users served via U.S. Mail Service)(jpp) (Entered: 02/08/2018)
2018-02-0814SCHEDULING ORDER regulating discovery and other pre-trial proceedings. Settlement Conference set for 5/16/2018 01:30 PM in Courtroom 2C before Magistrate Judge Ruben B. Brooks. Proposed Pretrial Order due by 6/17/2019. Final Pretrial Conference set for 6/24/2019 02:30 PM in Courtroom 13B before Judge John A. Houston. Signed by Magistrate Judge Ruben B. Brooks on 2/08/2018.(All non-registered users served via U.S. Mail Service)(jpp) (Entered: 02/08/2018)
2018-03-2215MINUTE ORDER - Due to a conflict on the Courts calendar, the Court resets the settlement conference currently scheduled for May 16, 2018, at 1:30 p.m. to June 27, 2018, at 1:30 p.m. The parties shall submit a joint settlement status report directly to chambers by June 20, 2018. Signed by Magistrate Judge Ruben B. Brooks on 3/22/2018.(All non-registered users served via U.S. Mail Service)(jpp) (Entered: 03/22/2018)
2018-06-2016MINUTE ORDER - Due to a conflict on the Courts calendar, the settlement conference scheduled for June 27, 2018, at 1:30 p.m. is reset to July 10, 2018, at 10:00am. All other guidelines and requirements remain in effect.Signed by Magistrate Judge Ruben B. Brooks on 6/20/2018.(All non-registered users served via U.S. Mail Service)(jpp) (Entered: 06/20/2018)
2018-07-1117MINUTE ORDER: A settlement conference was held. A settlement conference is set for 1/15/2019 at 2:00 p.m. before Magistrate Judge Ruben B. Brooks. The parties shall submit a joint settlement status report by 1/8/2019. Signed by Magistrate Judge Ruben B. Brooks on 7/10/2018.(mpl) (Entered: 07/11/2018)
2019-01-0318Ex Parte MOTION to Stay During Lapse in Federal Appropriations by United States Department of the Interior, Bureau of Indian Affairs, Southern California Agency. (Attachments: # 1 Proof of Service)(Norris, Brett)Attorney Brett Norris added to party United States Department of the Interior, Bureau of Indian Affairs, Southern California Agency (pty:dft) (dlg). (Entered: 01/03/2019)
2019-01-0419ORDER granting 18 Motion to Stay During Lapse in Federal Appropriations. Signed by Judge John A. Houston on 1/3/19. (All non-registered users served via U.S. Mail Service)(dlg) (Entered: 01/04/2019)
2019-01-0820MINUTE ORDER - In light of the stay in effect in these matters due to the lapse in federal appropriations, the Court continues the settlement conference set for January 15, 2018 to February 26, 2019, at 2:00 p.m. The parties shall submit ajoint settlement status report by February 19, 2019. As the date of the settlement conference approaches, the Court will reevaluate whether a further continuance is required if Congress has not yet appropriated funds by that time.Signed by Magistrate Judge Ruben B. Brooks on 1/08/2019.(All non-registered users served via U.S. Mail Service)(jpp) (Entered: 01/08/2019)
2019-02-0121Joint MOTION to Amend/Correct 20 Order,,, Set Hearings,,, Terminate Hearings,, 14 Scheduling Order, Regarding Lift of Stay by United States Department of the Interior, Bureau of Indian Affairs, Southern California Agency. (Attachments: # 1 Proof of Service)(Church, Rebecca) (jpp). (Entered: 02/01/2019)
2019-02-0522MINUTE ORDER - The joint motion is GRANTED. The settlement conference set for February 26, 2019 is continued to March 19, 2019, at 2:00 p.m. The parties shall submit a joint settlement status report by March 12, 2019. Additionally, the pretrial conference set for June 24, 2019, at 2:30 p.m. before the Honorable John A. Houston is vacated. The pretrial conference will be reset after the resolution of pretrial motions. Signed by Magistrate Judge Ruben B. Brooks on 2/05/2019. (All non-registered users served via U.S. Mail Service)(jpp) (Entered: 02/05/2019)
2019-02-0623MINUTE ORDER - The parties joint request to continue the deadline to file pretrial motions, set forth in their joint motionregarding lift of stay and request to amend the scheduling order [ECF No. 48], is GRANTED. The deadline tofile pretrial motions is continued from February 25, 2019, to April 23, 2019.. Signed by Magistrate Judge Ruben B. Brooks on 2/06/2019.(All non-registered users served via U.S. Mail Service)(jpp) (Entered: 02/06/2019)
2019-03-2024Minute Order for proceedings held before Magistrate Judge Ruben B. Brooks:Settlement Conference held on 3/20/2019, Settlement Conference set for 7/9/2019 at 2:00pm. Signed by Magistrate Judge Ruben B. Brooks on 3/20/2019. (All non-registered users served via U.S. Mail Service)(jpp) (Entered: 03/20/2019)
2019-04-2325MOTION for Summary Judgment on FOIA Complaint and Motion to Consolidate by United States Department of the Interior, Bureau of Indian Affairs, Southern California Agency. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration Howard, # 3 Declaration Long, # 4 Declaration Moore, # 5 Proof of Service)(Church, Rebecca) (jpp). (Entered: 04/23/2019)
2019-05-1326Notice of Document Discrepancies and Order Thereon by Judge John A. Houston Accepting Document: Ex Parte Application for Order Permitting Plaintiffs Late Filing on Response to Defendants Notice of Motion and Motion and Motion for Summary Judgment on FOIA Complaint, from Plaintiff Emilio Reyes. Non-compliance with local rule(s), Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document. Nunc Pro Tunc 5/13/2019. Signed by Judge John A. Houston on 5/13/2019.(All non-registered users served via U.S. Mail Service)(jpp) (Entered: 05/14/2019)
2019-05-1327Ex Parte Application for Order Permitting Plaintiffs Late Filing onResponse to Defendants Notice of Motion and Motion and Motion for Summary Judgment on FOIA Complaint, by Emilio Reyes. NUNC PRO TUNC 5/13/2019 (jpp) (Entered: 05/14/2019)
2019-05-2228ORDER granting 27 Plaintiff's Application for order permitting late filing. Plaintiff shall file his opposition to the motion for summary judgment no later than 5/28/2019. Signed by Judge John A. Houston on 5/22/2019. (All non-registered users served via U.S. Mail Service)(jpp) (Entered: 05/22/2019)
2019-05-2329Notice of Document Discrepancies and Order Thereon by Judge John A. Houston Accepting Document: Memorandum in Opposition to Defendants Motion for Summary Judgment and in Support of Plaintiffs Motion for Summary Judgment, Opposition to Declaration of Javin Moore and Harley Long, Plaintiffs Notice of Non-Opposition to Defendants Motion to Consolidate, from Plaintiff Emilio Reyes. Non-compliance with local rule(s), OTHER: LR 5.1.m All documents submitted for filing must be filed and captioned separately.. Nunc Pro Tunc 5/23/2019. Signed by Judge John A. Houston on 5/23/2019.(All non-registered users served via U.S. Mail Service)(jpp) (Entered: 05/23/2019)
2019-05-2330Memorandum in Opposition to 25 Defendant's MOTION for Summary Judgment and in Support of Plaintiffs Motion for Summary Judgment, Opposition to Declaration ofJavin Moore and Harley Long, Plaintiffs Notice of Non-Opposition to Defendants Motion to Consolidate, filed by Emilio Reyes.NUNC PRO TUNC 5/23/2019 (jpp) (Entered: 05/23/2019)
2019-05-3131MOTION for Extension of Time to File Response/Reply as to 25 MOTION for Summary Judgment on FOIA Complaint and Motion to Consolidate by United States Department of the Interior, Bureau of Indian Affairs, Southern California Agency. (Attachments: # 1 Proof of Service)(Church, Rebecca) (jpp). (Entered: 05/31/2019)
2019-06-0332ORDER granting ex parte application for a two week extension of time to file Defendants' reply in support of motion for summary judgment on FOIA Complaint. Defendants shall file any reply no later than 6/17/2019. The hearing on the motion is continued to 7/01/2019 at 2:30pm. Signed by Judge John A. Houston on 6/03/2019. (All non-registered users served via U.S. Mail Service)(jpp) (Entered: 06/03/2019)
2019-06-1733Ex Parte MOTION for Leave to File Excess Pages Unopposed by United States Department of the Interior, Bureau of Indian Affairs, Southern California Agency. (Attachments: # 1 Proof of Service)(Church, Rebecca) (jpp). (Entered: 06/17/2019)
2019-06-1734REPLY to Response to Motion re 25 MOTION for Summary Judgment on FOIA Complaint and Motion to Consolidate filed by United States Department of the Interior, Bureau of Indian Affairs, Southern California Agency. (Attachments: # 1 Declaration Supplemental Moore, # 2 Proof of Service)(Church, Rebecca) (jpp). (Entered: 06/17/2019)
2019-06-1835ORDER granting 33 unopposed ex parte application for two extra pages for Defendants' reply in support of motion for consolidation of cases and summary judgment on FOIA Complaint. Signed by Judge John A. Houston on 6/18/2019. (All non-registered users served via U.S. Mail Service)(jpp) (Entered: 06/18/2019)
2019-06-2536ORDER vacating hearing on 25 motion for summary judgment and taking motion under submission. Signed by Judge John A. Houston on 6/25/2019.(All non-registered users served via U.S. Mail Service)(jpp) (Entered: 06/25/2019)
2019-07-1037Minute Order: The settlement conference scheduled for July 9, 2019 is reset for August 20, 2019, at 2:00 p.m. before Magistrate Judge Ruben B. Brooks. Signed by Magistrate Judge Ruben B. Brooks on 7/10/2019. (All non-registered users served via U.S. Mail Service) (jao). (Entered: 07/10/2019)
2019-08-2038Minute Order. A settlement conference was held. A telephonic settlement conference is set for November 26, 2019, at 8:30 a.m. Counsel for Defendant is to initiate the call. Signed by Magistrate Judge Ruben B. Brooks on 8/20/2019. (Plaintiff Attorney Emilio Reyes). (Defendant Attorney Rebecca G. Church). (All non-registered users served via U.S. Mail Service) (tcf) (Entered: 08/21/2019)
2019-11-2639Minute Order for proceedings held before Magistrate Judge Ruben B. Brooks: A telephonic attorneys-only settlement conference was held. A telephonic attorneys-only settlement conference is set for February 25, 2020, at 8:30 a.m. Counsel for Defendant is to initiate the call. (Plaintiff Attorney Emilio Reyes). (Defendant Attorney Rebecca G. Church). (All non-registered users served via U.S. Mail Service) (tcf) (Entered: 11/26/2019)
2020-02-2540Minute Order for proceedings held before Magistrate Judge Ruben B. Brooks: A telephonic attorneys-only Settlement Conference was held on 2/25/2020. A telephonic attorneys-only settlement conference is set for April 7, 2020, at 8:30 a.m. Counsel for Defendant is to initiate the call. (Plaintiff Attorney Emilio Reyes). (Defendant Attorney Rebecca G. Church). (All non-registered users served via U.S. Mail Service) (tcf) (Entered: 02/25/2020)
2020-04-0741Minute Order for proceedings held before Magistrate Judge Ruben B. Brooks: A telephonic attorneys-only settlement conference was held. A telephonic attorneys-only settlement conference is set for June 10, 2020, at 8:30 a.m. Counsel shall use the call-in information provided by the Court. (Plaintiff Attorney Emilio Reyes). (Defendant Attorney Rebecca G. Church). (All non-registered users served via U.S. Mail Service) (tcf) (Entered: 04/07/2020)
2020-04-2042Order Granting Defendants' Motion to Consolidate and Directing Defendants to Lodge Materials for in Camera Review. Cases Consolidated. All future docketing will be done in the lead case. Defendants shall lodge the materials withheld for in camera review on or before April 30, 2020. Signed by Judge John A. Houston on 4/20/2020. (All non-registered users served via U.S. Mail Service) (tcf) (Entered: 04/20/2020)
2020-05-1143ORDER Granting 25 Defendant's Motion for Summary Judgment. Signed by Judge John A. Houston on 5/11/2020. (All non-registered users served via U.S. Mail Service) (tcf) (Entered: 05/11/2020)
2020-05-1144CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that Defendant's motions for summary judgment are granted. (All non-registered users served via U.S. Mail Service) (tcf) (Entered: 05/11/2020)
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