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Case TitleReyes v. United States Department of the Interior, Bureau of Indian Affairs et al
DistrictSouthern District of California
CitySan Diego
Case Number3:2017cv01571
Date Filed2017-08-04
Date ClosedOpen
JudgeJudge John A. Houston
PlaintiffEmilio Reyes Plaintiff in Pro Se
Case DescriptionResearcher Emilio Reyes submitted FOIA requests to the Bureau of Indian Affairs for records concerning the tribal affiliation of a specific individual. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, Reyes filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Recovery of Costs

DefendantUnited States Department of the Interior, Bureau of Indian Affairs
DefendantUnited States Department of the Interior, Office of the Solicitor
DefendantDouglas Garcia in his capacity as Regional FOIA Coordinator of the United States Department of the Interior; Bureau of Indian Affairs; Pacific Regional Office
DefendantDouglas Garcia in his capacity as Regional FOIA Coordinator of the United States Department of the Interior; Bureau of Indian Affairs; Pacific Regional Office
TERMINATED: 10/20/2017
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: 10/20/2017
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [56]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-08-041COMPLAINT against Douglas Garcia; United States Department of the Interior, Bureau of Indian Affairs; United States Department of the Interior, Office of the Solicitor; Ryan Zinke, IFP Filed, filed by Emilio Reyes. (Attachments: # 1 Civil Case Cover Sheet) The new case number is 3:17-cv-1571-BTM-WVG. Judge Barry Ted Moskowitz and Magistrate Judge William V. Gallo are assigned to the case. (Reyes, Emilio)(rmc) (jao). (Entered: 08/04/2017)
2017-08-042MOTION for Leave to Proceed in forma pauperis by Emilio Reyes. (rmc) (jao). (Entered: 08/04/2017)
2017-08-093ORDER Granting Application for Leave to Proceed without Prepaying Fees or Costs (ECF No. 2 ). Signed by Judge Barry Ted Moskowitz on 8/9/2017. (All non-registered users served via U.S. Mail Service).(mxn) (Entered: 08/10/2017)
2017-08-104Summons 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. (mxn) (Entered: 08/10/2017)
2017-08-105NOTICE OF RELATED CASE(S) by Douglas Garcia, United States Department of the Interior, Bureau of Indian Affairs, United States Department of the Interior, Office of the Solicitor, Ryan Zinke of case(s) 17cv1187, 17cv1188, 17cv1189, 17cv1190, 17cv1191, 17cv1192, 17cv1193, 17cv1194, 17cv1195, 17cv1196, 17cv1197, 17cv1417, 17cv1418, 17cv1419, 14cv1420, 17cv1571 . (Attachments: # 1 Proof of Service)(Parker, Katherine)(mxn). (Entered: 08/10/2017)
2017-08-166ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to Judge Anthony J. Battaglia and Magistrate Judge Nita L. Stormes for all further proceedings. District Judge Barry Ted Moskowitz and Magistrate Judge William V. Gallo no longer assigned to case. Create association to 3:17-cv-01417-AJB-NLS. The new case number is 17cv1571-AJB (NLS). Signed by Judge Barry Ted Moskowitz on 8/14/2017. Signed by Judge Anthony J. Battaglia on 8/4/2017.(All non-registered users served via U.S. Mail Service)(mxn) (Entered: 08/17/2017)
2017-08-257SUMMONS Returned Executed by Emilio Reyes. United States Department of the Interior, Bureau of Indian Affairs served. (acc) (Entered: 08/28/2017)
2017-08-258SUMMONS Returned Executed by Emilio Reyes. United States Department of the Interior, Office of the Solicitor served. (acc) (Entered: 08/28/2017)
2017-08-259SUMMONS Returned Executed by Emilio Reyes. United States Department of the Interior, Bureau of Indian Affairs served. (acc) (Entered: 08/28/2017)
2017-08-2510SUMMONS Returned Executed by Emilio Reyes. United States Attorney's office served. (acc) (Entered: 08/28/2017)
2017-08-2511SUMMONS Returned Executed by Emilio Reyes. United States Attorney General Office served. (acc) (Entered: 08/28/2017)
2017-09-1812MOTION to Dismiss Party (Individual Defendants) by Douglas Garcia, United States Department of the Interior, Bureau of Indian Affairs, United States Department of the Interior, Office of the Solicitor, Ryan Zinke. (Attachments: # 1 Memo of Points and Authorities, # 2 Proof of Service)(Parker, Katherine)Attorney Katherine Lind Parker added to party Douglas Garcia(pty:dft), Attorney Katherine Lind Parker added to party United States Department of the Interior, Bureau of Indian Affairs (pty:dft), Attorney Katherine Lind Parker added to party United States Department of the Interior, Office of the Solicitor(pty:dft), Attorney Katherine Lind Parker added to party Ryan Zinke(pty:dft)(ajs). (Entered: 09/18/2017)
2017-09-1813ORDER BY JUDGE BATTAGLIA; Setting Briefing Schedule re 12 MOTION to Dismiss Party (Individual Defendants) : Responses due by 10/3/2017; Replies due by 10/10/2017; sur-replies will not be accepted. Motion hearing scheduled for 11/30/17 at 2:00 p.m. in Courtroom 4A.(All non-registered users served via U.S. Mail Service)(no document attached) (sc) (Entered: 09/18/2017)
2017-10-0514NON Opposition re 12 MOTION to Dismiss Party (Individual Defendants) filed by Emilio Reyes. (acc) (Entered: 10/05/2017)
2017-10-2715Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Accepting Document 16 : First Amended Complaint, from Plaintiff Emilio Reyes. Non-compliance with local rule(s), OTHER: Document not signed. Nunc Pro Tunc 10/20/2017. Signed by Judge Anthony J. Battaglia on 10/27/2017.(All non-registered users served via U.S. Mail Service)(acc) (Entered: 10/27/2017)
2017-10-2716FIRST AMENDED COMPLAINT against United States Department of the Interior, Bureau of Indian Affairs, United States Department of the Interior, Office of the Solicitor, filed by Emilio Reyes.New Summons Requested. (acc) (Entered: 10/27/2017)
2017-10-2717Summons Issued re 16 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: 10/27/2017)
2017-10-2718ORDER finding as moot 12 Motion to Dismiss Party, in light of Plaintiff's First Amended Complaint. (All non-registered users served via U.S. Mail Service)(no document attached) (sc) (Entered: 10/27/2017)
2017-11-0319Ex Parte MOTION Transfer to Judges Houston and Brooks by United States Department of the Interior, Bureau of Indian Affairs, United States Department of the Interior, Office of the Solicitor. (Attachments: # 1 Proof of Service)(Parker, Katherine) (acc). (Entered: 11/03/2017)
2017-11-0320ANSWER to 16 Amended Complaint by United States Department of the Interior, Office of the Solicitor, United States Department of the Interior, Bureau of Indian Affairs. (Attachments: # 1 Proof of Service)(Parker, Katherine)(acc). (Entered: 11/03/2017)
2017-11-0321Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Rejecting Document: Second Amended Complaint, from Plaintiff Emilio Reyes. Non-compliance with local rule(s), OTHER: Fed. R. Civ. P. 15(a)(2) - Post-Answer amendment requires leave of court. Signed by Judge Anthony J. Battaglia on 11/3/2017.(All non-registered users served via U.S. Mail Service)(acc) (Additional attachment(s) added on 11/3/2017: # 1 Rejected Document) (acc). (Entered: 11/03/2017)
2017-11-1722SUMMONS Returned Executed by Emilio Reyes. United States Department of the Interior, Bureau of Indian Affairs, United States Department of the Interior, Office of the Solicitor served. (acc) (Entered: 11/17/2017)
2017-11-2123ORDER granting 19 Defendants' Ex Parte Application to Transfer this Case to Judges Houston and Brooks. The Court ORDERS that the present case, 17-cv-1571, be transferred and low-numbered to Judges Houston and Brooks for all future matters. In the same strain, the Court ORDERS that case number 17-cv-1612-AJB NLS also be low-numbered to Judges Houston and Brooks. Thus, based on the foregoing, Defendants' ex parte application to transfer this case is GRANTED. The Clerk is to prepare the low number orders for cases 17-cv-1571 and 17-cv-1612. Signed by Judge Anthony J. Battaglia on 11/21/2017. (All non-registered users served via U.S. Mail Service)(acc) (Entered: 11/21/2017)
2017-12-0124ORDER 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 Anthony J. Battaglia, Magistrate Judge Nita L. Stormes no longer assigned to case. Create association to 3:17-cv-01417-JAH-RBB. The new case number is 17cv1571-JAH-RBB. Signed by Judge Anthony J. Battaglia on 12/1/2017. Signed by Judge John Houston on 11/28/2017.(All non-registered users served via U.S. Mail Service)(acc) (Entered: 12/04/2017)
2017-12-0625NOTICE AND ORDER Setting Early Neutral Evaluation Conference. An Early Neutral Evaluation is set for 2/7/2018 at 1:30 PM in Courtroom 2C before Magistrate Judge Ruben B. Brooks. Signed by Magistrate Judge Ruben B. Brooks on 12/6/2017.(All non-registered users served via U.S. Mail Service)(rmc) (Entered: 12/06/2017)
2018-02-0826Minute 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)
2018-02-0827SCHEDULING 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)
2018-03-2228MINUTE 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)
2018-06-2029MINUTE 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)
2018-07-1130MINUTE 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)
2019-01-0331Ex Parte MOTION to Stay During Lapse in Federal Appropriations by United States Department of the Interior, Office of the Solicitor. (Attachments: # 1 Proof of Service)(Norris, Brett)Attorney Brett Norris added to party United States Department of the Interior, Office of the Solicitor(pty:dft) (dlg). (Entered: 01/03/2019)
2019-01-0432ORDER granting 31 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)
2019-01-0833MINUTE 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)
2019-02-0134Joint MOTION to Amend/Correct 27 Scheduling Order, 33 Order,,, Set Hearings,,, Terminate Hearings,, Regarding Lift of Stay by United States Department of the Interior, Bureau of Indian Affairs, United States Department of the Interior, Office of the Solicitor. (Attachments: # 1 Proof of Service)(Church, Rebecca)Attorney Rebecca Grace Church added to party United States Department of the Interior, Bureau of Indian Affairs (pty:dft), Attorney Rebecca Grace Church added to party United States Department of the Interior, Office of the Solicitor(pty:dft) (jpp). (Entered: 02/01/2019)
2019-02-0535MINUTE 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)
2019-02-0636MINUTE 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)
2019-03-2037Minute 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. Singed by Magistrate Judge Ruben B. Brooks on 3/20/209. (All non-registered users served via U.S. Mail Service)(jpp) (Entered: 03/20/2019)
2019-04-2338MOTION for Summary Judgment on FOIA Complaint and Motion to Consolidate by United States Department of the Interior, Bureau of Indian Affairs, United States Department of the Interior, Office of the Solicitor. (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)
2019-05-1339Notice 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)
2019-05-1340Ex 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)
2019-05-2241ORDER granting 40 Plaintiffs 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 5/21/2019. (All non-registered users served via U.S. Mail Service)(jpp) (Entered: 05/22/2019)
2019-05-2342Notice 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)
2019-05-2343Memorandum in Opposition to 38 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)
2019-05-3144MOTION for Extension of Time to File Response/Reply as to 38 MOTION for Summary Judgment on FOIA Complaint and Motion to Consolidate by United States Department of the Interior, Bureau of Indian Affairs, United States Department of the Interior, Office of the Solicitor. (Attachments: # 1 Proof of Service)(Church, Rebecca) (jpp). (Entered: 05/31/2019)
2019-06-0345ORDER grantingex 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)
2019-06-1746Ex Parte MOTION for Leave to File Excess Pages Unopposed by United States Department of the Interior, Bureau of Indian Affairs, United States Department of the Interior, Office of the Solicitor. (Attachments: # 1 Proof of Service)(Church, Rebecca) (jpp). (Entered: 06/17/2019)
2019-06-1747REPLY to Response to Motion re 38 MOTION for Summary Judgment on FOIA Complaint and Motion to Consolidate filed by United States Department of the Interior, Bureau of Indian Affairs, United States Department of the Interior, Office of the Solicitor. (Attachments: # 1 Declaration Supplemental Moore, # 2 Proof of Service)(Church, Rebecca) (jpp). (Entered: 06/17/2019)
2019-06-1848ORDER granting 46 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)
2019-06-2549ORDER vacating hearing on 38 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)
2019-07-1050Minute 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) (tcf) (jao). (Entered: 07/10/2019)
2019-08-2051Minute 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)
2019-11-2652Minute 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)
2020-02-2553Minute 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)
2020-04-0754Minute 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)
2020-04-2055Order Granting Defendants' Motion to Consolidate and Directing Defendants to Lodge Materials for in Camera Review. Cases Consolidated, 17-cv-1418-JAH-RBB. 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)
2020-05-1156ORDER Granting 38 Defendants' 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)
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