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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 Number3:2017cv01612
Date Filed2017-08-10
Date Closed2020-05-11
JudgeJudge John A. Houston
PlaintiffEmilio Reyes Plaintiff in Pro Se
Case DescriptionResearcher Emilio Reyes submitted two FOIA requests to the Bureau of Indian Affairs for records concerning the 1928 California Indian applications of several named individuals. The agency declined to disclose 20 responsive documents. Reyes filed an administrative appeal, but after the agency failed to respond further, Reyes filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Recovery of Costs

DefendantUnited States Department of the Interior, Bureau of Indian Affairs
DefendantUnited States Department of the Interior, Office of the Solicitor
DefendantJessica Rogers in her capacity as FOIA Public Liaison of Indian Affairs
DefendantJessica Rogers in her capacity as FOIA Public Liaison of Indian Affairs
TERMINATED: 11/22/2017
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: 11/22/2017
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [4]
Opinion/Order [42]
Opinion/Order [43]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-08-101COMPLAINT against Jessica Rogers, 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, # 2 Exhibit 1) The new case number is 3:17-cv-1612-BTM-BLM. Judge Barry Ted Moskowitz and Magistrate Judge Barbara Lynn Major are assigned to the case. (Emilio Reyes)(pjm) (jao). (Entered: 08/10/2017)
2017-08-102MOTION for Leave to Proceed in forma pauperis by Emilio Reyes. (pjm) (jao). (Entered: 08/10/2017)
2017-08-163ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to District Judge Anthony J. Battaglia and Magistrate Judge Nita L. Stormes for all further proceedings. District Judge Barry Ted Moskowitz and Magistrate Judge Barbara Lynn Major no longer assigned to case. Create association to 3:17-cv-01417-AJB-NLS. The new case number is 17cv1612-AJB (NLS). Signed by Judge Barry Ted Moskowitz on 8/15/2017. Signed by Judge Anthony J. Battaglia on 8/11/2017. Motions set before Nita L. Stormes. (All non-registered users served via U.S. Mail Service)(mxn) (Entered: 08/17/2017)
2017-09-184ORDER Granting 2 Plaintiff's Motion for Leave to Proceed in forma pauperis. US Marshal shall effect service of complaint. The Court directs the Clerk of Court to issue a summons as to complaint. Signed by Judge Anthony J. Battaglia on 09/18/2017. (All non-registered users served via U.S. Mail Service) (Certified Copy to USM) (ajs) (Entered: 09/18/2017)
2017-09-185Summons 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](ajs) (Entered: 09/18/2017)
2017-09-196Amended Summons 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 Amended IFP Letter)[Amended IFP Packet Mailed](ajs) (Entered: 09/19/2017)
2017-10-187SUMMONS Returned Executed by Emilio Reyes. United States Department of the Interior, Bureau of Indian Affairs and United States Department of the Interior, Office of the Solicitor served. (mxn) (Entered: 10/18/2017)
2017-10-198SUMMONS Returned Executed by Emilio Reyes. United States Department of the Interior, Bureau of Indian Affairs served. (jah) (Entered: 10/19/2017)
2017-10-199SUMMONS Returned Executed by Emilio Reyes. Jessica Rogers served. (jah) (Entered: 10/19/2017)
2017-10-1910SUMMONS Returned Executed by Emilio Reyes. Ryan Zinke served. (jah) (Entered: 10/19/2017)
2017-10-2311SUMMONS Returned Executed by Emilio Reyes. United States Department of the Interior, Office of the Solicitor - Department of Justice served. (lrf) (Entered: 10/24/2017)
2017-11-2112MOTION to Dismiss Party (Unopposed) by Jessica Rogers, United States Department of the Interior, Bureau of Indian Affairs, United States Department of the Interior, Office of the Solicitor, Ryan Zinke. (Attachments: # 1 Proof of Service)(Parker, Katherine)Attorney Katherine Lind Parker added to party Jessica Rogers(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)(acc). (Entered: 11/21/2017)
2017-11-2213ORDER granting 12 Unopposed Motion to Dismiss Individual Defendants. Jessica Rogers (in her capacity as FOIA Public Liaison of Indian Affairs) and Ryan Zinke (in his capacity as Secretary of the United States Department of the Interior) terminated. Signed by Judge Anthony J. Battaglia on 11/22/2017. (All non-registered users served via U.S. Mail Service)(acc) (Entered: 11/22/2017)
2017-11-2914ANSWER to 1 Complaint, 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)(acc). (Entered: 11/29/2017)
2017-12-0115ORDER 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 17cv1612-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)
2017-12-0616NOTICE 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)
2018-02-0817Minute 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)
2018-02-0818SCHEDULING 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)
2018-03-2219MINUTE 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)
2018-06-2020MINUTE 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)
2018-07-1021MINUTE 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.(All non-registered users served via U.S. Mail Service)(mpl) (Entered: 07/11/2018)
2019-01-0322Ex 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)
2019-01-0423ORDER granting 22 Motion to Stay During Lapse in Federal Appropriations. Signed by Judge John A. Houston on 1/4/19. (All non-registered users served via U.S. Mail Service)(dlg) (Entered: 01/04/2019)
2019-01-0824MINUTE 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)
2019-02-0125Joint MOTION to Amend/Correct 24 Order,,, Set Hearings,,, Terminate Hearings,, 18 Scheduling Order, 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) (jpp). (Entered: 02/01/2019)
2019-02-0526MINUTE 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)
2019-02-0627MINUTE 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)
2019-03-2028Minute 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)
2019-04-2329MOTION for Summary Judgment on FOIA Complaint 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 Proof of Service)(Church, Rebecca) (jpp). (Entered: 04/23/2019)
2019-05-1330Notice 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: 05/13/2019)
2019-05-1331Ex 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, by Emilio Reyes. NUNC PRO TUNC 5/13/2019 (jpp) (Entered: 05/13/2019)
2019-05-2332Memorandum in Opposition re 29 MOTION for Summary Judgment and in support of Plaintiff's Motion for Summary Judgment, Opposition to Declaration of Harley Long, filed by Emilio Reyes. (jpp) (Entered: 05/24/2019)
2019-05-3133MOTION for Extension of Time to File Response/Reply as to 29 MOTION for Summary Judgment on FOIA Complaint 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)
2019-06-0334ORDER 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)
2019-06-1735REPLY to Response to Motion re 29 MOTION for Summary Judgment on FOIA Complaint filed 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)
2019-06-2636ORDER vacating hearing on 29 Motion for Summary Judgment and taking the motion under submission. Signed by Judge John A. Houston on 6/25/2019.(jpp) (Entered: 06/26/2019)
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) (tcf) (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 Directing Defendants to Lodge Materials for in Camera Review. 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 29 Defendants' Motion for Summary Judgment. IT IS HEREBY ORDERED: 1. Defendants' motion for summary judgment is GRANTED; 2. Plaintiff's application for an extension of time (Doc. No. 31 ) is DENIED as moot. 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 Defendants' motion for summary judgment is granted. Plaintiff's application for an extension of time is denied as moot. (All non-registered users served via U.S. Mail Service) (tcf) (Entered: 05/11/2020)
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