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Case TitleGonzalez-Gallegos v. Department of Justice et al
DistrictDistrict of Arizona
CityTucson Division
Case Number4:2017cv00421
Date Filed2017-08-24
Date ClosedOpen
JudgeChief Judge Raner C Collins
PlaintiffEduardo Gonzalez-Gallegos
Case DescriptionEduardo Gonzalez-Gallegos, a federal prisoner, submitted a FOIA request to the FBI for records concerning any reports prepared by Special Agent Alan Vitkoski with the U.S. Attorney's Office in San Diego in 2006. The agency told Gonzalez-Gallegos that there were 17,500 responsive records and the cost would be $520 for two CDs. Gonzalez-Gallegos complained that he had requested very specific records. The agency then provided five pages with redactions. Gonzalez-Gallegos filed an administrative appeal with the Office of Information Policy, which upheld the FBI's decision. Gonzalez-Gallegos then filed suit.
Complaint issues: Litigation - Recovery of Costs

DefendantDepartment of Justice
DefendantFederal Bureau of Investigation
DefendantExecutive Office for United States Attorneys
DefendantJeffrey A Rosen Deputy Attorney General, United States Attorney's Office
TERMINATED: 05/25/2021
DefendantLisa O Monaco Deputy Attorney General, United States Attorney's Office
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [81]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-08-241COMPLAINT filed by Eduardo Gonzalez-Gallegos. (15 pages) (Attachments: # 1 Envelope)(DLC) (Entered: 08/28/2017)
2017-08-242APPLICATION for Leave to Proceed In Forma Pauperis by Eduardo Gonzalez-Gallegos. (2 pages) (DLC) (Entered: 08/28/2017)
2017-08-243Prisoner Trust Fund Account Statement by Eduardo Gonzalez-Gallegos. (8 pages) (DLC) (Entered: 08/28/2017)
2017-08-244NOTICE OF ASSIGNMENT: (DLC) (Entered: 08/28/2017)
2017-09-055(VACATED BY DOC 7 )- SCHEDULING ORDER (FOIA): It is Ordered that Defendant shall serve an answer or otherwise plead within 30 days after service, unless the Court otherwise directs for good cause shown (see attached Order for complete details). Signed by Chief Judge Raner C Collins on 9/5/2017. (MFR) Modified on 1/19/2018 (BAR). (Entered: 09/05/2017)
2017-09-216MOTION for an order for United States Marshal's service to effectuate service of process by Eduardo Gonzalez-Gallegos. (2 pages) (BAR) (Entered: 09/21/2017)
2018-01-197ORDERED: The September 5, 2017 Scheduling Order is VACATED. Plaintiff's 6 Motion for an Order for United States Marshal's Service to Effectuate Service of Process is denied as moot. Plaintiff's 2 Motion for Leave to Proceed In Forma Pauperis is granted. The Clerk of Court must send Plaintiff a service packet including the Complaint, this Order, and summons forms for Defendants the Department of Justice, the Federal Bureau of Investigation, and the Executive Office for United States Attorneys. Plaintiff must complete and return the service packet to the Clerk of Court within 21 days of the date of filing of this Order. Signed by Chief Judge Raner C Collins on 1/18/2018. (BAR) (Entered: 01/19/2018)
2018-01-198ORDER Directing Monthly Payments be made from Prison Account of Eduardo Gonzalez-Gallegos. Signed by Chief Judge Raner C Collins on 1/18/2018. (BAR) (Entered: 01/19/2018)
2018-03-019SERVICE EXECUTED : USMS Process Receipt and Return re: Complaint, Order, Summons upon USAO, Tucson, AZ on 2/23/2018. (BAR) (Entered: 03/01/2018)
2018-03-0810MOTION for Extension of Time to File Answer by Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation. (Attachments: # 1 Text of Proposed Order)(Foss, Katherine) (Entered: 03/08/2018)
2018-03-3011SERVICE EXECUTED : USMS Process Receipt and Return re: Complaint, Order, Summons upon Executive Office for United States Attorneys on 3/26/2018. (SIB) (Entered: 04/02/2018)
2018-03-3012SERVICE EXECUTED : USMS Process Receipt and Return re: Complaint, Order, Summons upon Department of Justice on 3/26/2018. (SIB) (Entered: 04/02/2018)
2018-03-3013SERVICE EXECUTED : USMS Process Receipt and Return re: Complaint, Order, Summons upon Federal Bureau of Investigation on 3/26/2018. (SIB) (Entered: 04/02/2018)
2018-04-0514ORDER GRANTING Defendants' 10 Motion for Extension of Time to Respond to Plaintiff's Complaint. Defendants shall have up to and including 4/25/18 to file their answers. Signed by Chief Judge Raner C Collins on 4/4/18. (BAC) (Entered: 04/05/2018)
2018-04-2515ANSWER to 1 Complaint by Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation.(Foss, Katherine) (Entered: 04/25/2018)
2018-05-1116ORDER: the following summary judgment briefing schedule is entered in this case: Defendants' opening brief, supporting affidavits, and Vaughn index(es) shall be filed no later than 7/27/2018; Plaintiff's response is due on or before 8/31/2018; Defendants' reply shall be filed on or before 9/17/2018; All warnings previously issued shall remain in full force and effect. Signed by Chief Judge Raner C Collins on 5/10/2018. (MCO) (Entered: 05/11/2018)
2018-05-2117MOTION to Stay Proceedings Pending Resolution of Exhaustion Issue by Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation. (Attachments: # 1 Text of Proposed Order)(Foss, Katherine) (Entered: 05/21/2018)
2018-05-2318ORDER denying 17 Motion to Stay Proceedings Pending Resolution of Exhaustion Issue. All deadlines set in and by the Court's previous order remain in full effect. Signed by Chief Judge Raner C Collins on 5/23/2018. (BAR) (Entered: 05/23/2018)
2018-07-2719MOTION for Summary Judgment by Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation. (Foss, Katherine) (Entered: 07/27/2018)
2018-07-2720STATEMENT OF FACTS re: 19 MOTION for Summary Judgment by Defendants Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation. (Attachments: # 1 Exhibit 1, # 2 Exhibits A-V to Exhibit 1, # 3 Exhibit 2)(Foss, Katherine) (Entered: 07/27/2018)
2018-08-0621ORDERED that Plaintiff must file a response to Defendants' 19 MOTION for Summary Judgment no later than 9/5/2018. Further ordered that Defendants may file a reply within 15 days after service of Plaintiff's response. Signed by Chief Judge Raner C Collins on 8/6/2018. (SEE ORDER FOR COMPLETE DETAILS.)(BAR) (Entered: 08/06/2018)
2018-08-3122(STRICKEN BY DOC 30 )- MOTION for Limited Discovery by Eduardo Gonzalez-Gallegos. (Attachments: # 1 Exhibit A-I) (68 pages) (KAH) Modified on 9/21/2018 (BAR). (Entered: 09/04/2018)
2018-09-1023MOTION for Extension of Time to File Response to 19 MOTION for Summary Judgment by Eduardo Gonzalez-Gallegos. (3 p[ages) (BAR) (Entered: 09/11/2018)
2018-09-1024DECLARATION of Eduardo Gonzalez-Gallegos re: 23 MOTION for Extension of Time to File Response to 19 MOTION for Summary Judgment by Plaintiff Eduardo Gonzalez-Gallegos. (2 pages) (BAR) (Entered: 09/11/2018)
2018-09-1725NOTICE of Error re Declaration by Eduardo Gonzalez-Gallegos. (2 pages) (BAR) (Entered: 09/18/2018)
2018-09-1726MOTION to Strike Defendant Gonzalez' Motion to Stay filed on August 28, 2018 and Substitute his Corrected Motion to Stay Summary Judgment proceedings pending Discovery Nunc Pro Tunc by Eduardo Gonzalez-Gallegos. (2 pages) (BAR) Modified on 9/21/2018 (BAR). (Entered: 09/18/2018)
2018-09-1727MOTION to Stay Summary Judgment Proceedings Pending Discovery Nunc Pro Tunc by Eduardo Gonzalez-Gallegos. (7 pages) (BAR) (Entered: 09/18/2018)
2018-09-1728DECLARATION of Daniel Castleman by Plaintiff Eduardo Gonzalez-Gallegos. (2 pages) (BAR) (Entered: 09/18/2018)
2018-09-1829MOTION for Extension of Time to File Response/Reply as to 27 MOTION to Stay, 22 MOTION for Discovery by Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation. (Attachments: # 1 Text of Proposed Order)(Foss, Katherine) (Entered: 09/18/2018)
2018-09-2130ORDERED: Defendant's 29 Motion for Extension of Time to File Response is granted. Defendants shall have up to and including 10/2/2018 to file their response to Plaintiff's 27 MOTION to Stay to Summary Judgment Proceedings Pending Discovery Nunc Pro Tunc. Plaintiff's 26 Motion to Strike is granted and the Clerk shall strike 22 MOTION from the record. Signed by Judge Raner C Collins on 9/19/2018. (BAR) (Entered: 09/21/2018)
2018-10-0231RESPONSE in Opposition re: 27 MOTION to Stay pending Discovery filed by Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation. (Attachments: # 1 ***STRICKEN PER DOC 36 ** Exhibit A)(Foss, Katherine) Modified on 1/29/2019 (BAR). (Entered: 10/02/2018)
2018-10-1832MOTION for Extension of Time to File Reply to 27 MOTION to Stay Pending Discovery by Eduardo Gonzalez-Gallegos. (5 pages) (BAR) (Entered: 10/19/2018)
2018-10-1933MOTION to Strike Footnote One and Any References to Exhibit A, Parker Declaration re 31 Response in Opposition to Motion by Eduardo Gonzalez-Gallegos. (Attachments: # 1 Exhibit A) (10 pages)(BAR) (Entered: 10/23/2018)
2018-11-0534REPLY to Response to Motion re: 27 MOTION to Stay filed by Eduardo Gonzalez-Gallegos. (12 pages) (BAR) (Entered: 11/05/2018)
2018-12-2635MOTION to Stay Case Due to Federal Government Shutdown by Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation. (Attachments: # 1 Text of Proposed Order)(Foss, Katherine) (Entered: 12/26/2018)
2019-01-2936ORDERED: Plaintiff's 23 Motion for Extension of Time to File Response to the Motion for Summary Judgment is denied as moot. Plaintiff's 33 Motion to Strike is granted. The Clerk of the Court shall strike Exhibit A to Defendants' Response in Opposition to the Motion to Stay Pending Discovery. Plaintiff's 27 Motion to Stay Summary Judgment Proceedings Pending Discovery is denied. Plaintiff must file his response to Defendants' Motion for Summary Judgment within 30 days of his receipt of this order. Plaintiff's 32 Motion for Extension of Time to File Reply is denied as moot. Defendants' 35 Motion to Stay Case Due to Federal Government Shutdown is denied as moot. Signed by Judge Raner C Collins on 1/28/2019. (BAR) (Entered: 01/29/2019)
2019-03-0437MOTION for Leave to File Excess Pages for Points and Authorities in Opposition to Summary Judgment by Eduardo Gonzalez-Gallegos. (3 pages) (BAR) (Entered: 03/05/2019)
2019-03-0538*Filed at doc. 40 , 41 . LODGED Proposed Points & Authorities in Opposition of Summary Judgment, Statement of Facts & Exhibit re: 37 MOTION for Leave to File Excess Pages for Points and Authorities in Opposition to Summary Judgment. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Eduardo Gonzalez-Gallegos. (Attachments: # 1 Statement of Facts, # 2 Exhibit)(BAR) Modified on 3/26/2019 (BAC). (Entered: 03/05/2019)
2019-03-2639ORDER GRANTING Plaintiff's 37 Motion for Leave to File Excess Pages. The Clerk of Court shall file the 38 lodged Response with attachments in the docket. Signed by Senior Judge Raner C Collins on 3/25/19. (BAC) (Entered: 03/26/2019)
2019-03-2640Plaintiff's RESPONSE to Motion re: 19 MOTION for Summary Judgment filed by Eduardo Gonzalez-Gallegos. (61 pages). (BAC) (Entered: 03/26/2019)
2019-03-2641STATEMENT OF FACTS re: 40 Response to Motion for Summary Judgment by Plaintiff Eduardo Gonzalez-Gallegos. (Attachments: # 1 Exhibits)(BAC) (Entered: 03/26/2019)
2019-04-0842MOTION for Extension of Time to File Response/Reply by Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation. (Attachments: # 1 Text of Proposed Order)(Foss, Katherine) (Entered: 04/08/2019)
2019-04-1043ORDER granting 42 Motion for Extension of Time to File Reply to Plaintiff's Response in Opposition to Defendant's 19 MOTION for Summary Judgment. Defendants shall have until on or before April 22, 2019 to reply to Plaintiffs Response. Signed by Senior Judge Raner C Collins on 4/10/2019. (BAR) (Entered: 04/10/2019)
2019-04-1144MOTION to Correct Error 41 Statement of Facts by Eduardo Gonzalez-Gallegos. (4 pages) (ARC) (Entered: 04/12/2019)
2019-04-2245REPLY to Response to Motion re: 19 MOTION for Summary Judgment filed by Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation. (Foss, Katherine) (Entered: 04/22/2019)
2019-04-2346Additional Attachments to Main Document re: 45 Reply to Response to Motion by Defendants Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation. (Foss, Katherine) (Entered: 04/23/2019)
2019-05-1647MOTION to Strike Exhibit A and Portions of Defendant's Reply Brief by Eduardo Gonzalez-Gallegos. (22 pages). (Attachments: # 1 Exhibit B)(BAC) (Entered: 05/17/2019)
2019-05-1748(EXHIBIT A STRICKEN PER DOC 53 )-NOTICE of Errata re: 45 Reply to Response to Motion, 46 Additional Attachments to Main Document by Defendants Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation.. (Attachments: # 1 Exhibit A)(Foss, Katherine) Modified on 6/25/2019 (BAR). (Entered: 05/17/2019)
2019-05-3049RESPONSE in Opposition re: 47 MOTION to Strike filed by Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation. (Foss, Katherine) (Entered: 05/30/2019)
2019-06-1050MOTION for Extension of Time to File Reply as to 47 MOTION to Strike by Eduardo Gonzalez-Gallegos. (3 pages) (BAR) (Entered: 06/11/2019)
2019-06-1451ORDER granting 44 Motion to Correct Error in Statement of Facts and 50 Motion for Extension of Time. Plaintiff may file a rely to the 47 MOTION to Strike on or before June 20, 2019. Signed by Senior Judge Raner C Collins on 6/14/2019. (BAR) (Entered: 06/14/2019)
2019-06-1952REPLY to Response to Motion re: 47 MOTION to Strike filed by Eduardo Gonzalez-Gallegos. (9 pages) (BAR) (Entered: 06/20/2019)
2019-06-2553ORDERED: Defendants' 19 Motion for Summary Judgment is granted in part and denied in part. The motion is granted as to Count One and is denied as to Counts Two, Three, Four as noted herein. A second motion for summary judgment on the remaining issued must be filed within 45 days of the date of this Order. Plaintff's 47 Motion to Strike is granted to the extent it seeks to strike the Supplemental Parker Declaration attached as Exhibit A to Defendants Notice of Errata. The Motion is denied in all other respects. Signed by Senior Judge Raner C Collins on 6/24/2019. (BAR) (Entered: 06/25/2019)
2019-06-2554MOTION for Reconsideration re: 53 Order on Motion to Strike, Order on Motion for Summary Judgment by Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation. (Foss, Katherine) (Entered: 06/25/2019)
2019-06-2855ORDERED: Plaintiff may file a response to Defendants' 54 MOTION for Reconsideration within 20 days of the date of this Order. If a response is filed, Defendants may file a reply within 10 days of the filing of the response. Any response and reply to the Motion for Reconsideration may only address the issue of exhaustion as to Count Four. The deadline to file a second summary judgment motion is extended until 45 days after the Court rules on Defendants Motion for Reconsideration. Signed by Senior Judge Raner C Collins on 6/26/2019. (BAR) (Entered: 06/28/2019)
2019-07-1056MOTION for Reconsideration re: 47 MOTION to Strike by Eduardo Gonzalez-Gallegos. (4 pages) (BAR) (Entered: 07/10/2019)
2019-07-1057RESPONSE to Motion re: 54 MOTION for Reconsideration re: 53 Order filed by Eduardo Gonzalez-Gallegos. (5 pages) (BAR) (Entered: 07/10/2019)
2019-07-1258ORDER denying 56 Plaintiff's Motion for Reconsideration. Signed by Senior Judge Raner C. Collins on 7/12/2019. (SSG) (Entered: 07/12/2019)
2019-10-2159MOTION to Supplement Freedom of Information Act Complaint by Eduardo Gonzalez-Gallegos. (5 pages) (DLC) (Entered: 10/24/2019)
2019-10-2160Filed at doc. 62 . LODGED Proposed First Supplemented Freedom of Information Complaint re: 59 MOTION for Leave to File Supplement Freedom of Information Act Complaint. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Eduardo Gonzalez-Gallegos. (23 pages) (DLC) Modified on 11/13/2019 (BAC). (Entered: 10/24/2019)
2019-11-1361ORDER GRANTING Plaintiff's 59 Motion to Supplement Freedom of Information Act Complaint. The Clerk shall docket Plaintiff's 60 Lodged Proposed First Supplemented Freedom of Information Act Complaint in the public docket. Defendants must respond to the supplement within the time mandated by the Federal Rules of Civil Procedure. Signed by Senior Judge Raner C Collins on 11/12/19. (BAC) (Entered: 11/13/2019)
2019-11-1362Plaintiff's First Supplemented Freedom of Information Act Complaint by Plaintiff Eduardo Gonzalez-Gallegos. (BAC) (Entered: 11/13/2019)
2019-11-1563MOTION for Reconsideration re: 61 Order on Motion for Leave to File Supplement to Complaint by Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation. (Foss, Katherine) (Entered: 11/15/2019)
2019-11-2064ORDER denying 63 Motion for Reconsideration as to Screening of Plaintiffs Amended Complaint. Defendants may have 21 days from the date of this Order to file a Motion to Dismiss the supplemental claim or otherwise respond to the supplemental claim. Signed by Senior Judge Raner C Collins on 11/19/2019. (BAR) (Entered: 11/20/2019)
2019-12-1165MOTION to Dismiss Counts/Claims : Count V of FIrst Supplemental Complaint by Department of Justice. (Foss, Katherine) (Entered: 12/11/2019)
2019-12-1666ORDERED: Plaintiff shall have 30 days from the date of this Order to file a response to Defendants' 65 MOTION to Dismiss. Defendants shall file any reply within 15 days from the date Plaintiffs response is filed. The Motion shall be deemed ready for decision without oral argument on the day following the date set for filing a reply unless otherwise ordered by the Court. Signed by Senior Judge Raner C Collins on 12/13/2019. (BAR) (Entered: 12/16/2019)
2020-01-1767MOTION for Extension of Time to File Response to 65 MOTION to Dismiss by Eduardo Gonzalez-Gallegos. (2 pages) (BAR) (Entered: 01/22/2020)
2020-01-1768DECLARATION in Support of 67 MOTION for Extension of Time to File Response to 65 MOTION to Dismiss by Plaintiff Eduardo Gonzalez-Gallegos. (2 pages)(BAR) (Entered: 01/22/2020)
2020-01-2369ORDER granting 67 Motion for Extension of Time to File Response to 65 MOTION to Dismiss. Plaintiff shall have until on or before February 3, 2020 to file a Response to Defendants Motion to Dismiss. Signed by Senior Judge Raner C Collins on 1/22/2020. (BAR) (Entered: 01/23/2020)
2020-01-3170MOTION for Leave to File Excess Pages for Response to Defendant's Motion to Dismiss Count V of Supplemented FOIA Complaint by Eduardo Gonzalez-Gallegos. (2 pages) (ARC) (Entered: 02/04/2020)
2020-01-3171FILED at Doc. 73 - LODGED Proposed Plaintiff's Response to Defendant's Motion to Dismiss Count V of Supplemented FOIA Complaint re: 70 MOTION for Leave to File Excess Pages for Response to Defendant's Motion to Dismiss Count V of Supplemented FOIA Complaint. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Eduardo Gonzalez-Gallegos. (27 pages) (ARC) Modified on 2/6/2020 (ARC). (Entered: 02/04/2020)
2020-02-0672ORDER granting 70 Plaintiff's Motion for Leave to File Excess Pages. The Clerk of Court shall docket the Lodged Proposed Response in the public docket. Signed by Senior Judge Raner C Collins on 2/5/2020. (ARC) (Entered: 02/06/2020)
2020-02-0673Plaintiff's RESPONSE to Defendant's Motion re: 65 MOTION to Dismiss Counts/Claims : Count V of FIrst Supplemental Complaint filed by Eduardo Gonzalez-Gallegos. (27 pages) (Attachments: # 1 Exhibit A)(ARC) (Entered: 02/06/2020)
2020-02-2174REPLY to Response to Motion re: 65 MOTION to Dismiss Counts/Claims : Count V of FIrst Supplemental Complaint filed by Department of Justice. (Foss, Katherine) (Entered: 02/21/2020)
2020-04-0675MOTION to Stay Proceedings due to COVID-19 by Eduardo Gonzalez-Gallegos. (3 pages) (ARC) (Entered: 04/07/2020)
2020-04-2276ORDER denying 75 Plaintiff's Motion to Stay. Signed by Senior Judge Raner C Collins on 4/22/2020. (ARC) (Entered: 04/22/2020)
2020-07-0777ORDER DENYING 65 AG Barr's Motion to Dismiss Count Five of Plaintiff's First Supplemental Complaint. Signed by Senior Judge Raner C Collins on 7/6/20. (BAC) (Entered: 07/07/2020)
2020-07-2178First MOTION for Extension of Time to File Answer re: 62 Supplement Freedom of Information Act Complaint by Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation. (Attachments: # 1 Text of Proposed Order)(Foss, Katherine) (Entered: 07/21/2020)
2020-07-2179ORDER granting Defendants' 78 Motion for Extension of Time to Answer re: 62 Plaintiff's Supplemental FOIA Complaint. Defendants' Answer is due on or before August 20, 2020. Ordered by Senior Judge Raner C Collins.(RCC, bm)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 07/21/2020)
2020-07-2480MOTION for this Court to Recommend or Otherwise Direct that the Court's July 17, 2020 Order be Published in the Federal Supplement re: 77 Order on Motion to Dismiss Counts/Claims by Eduardo Gonzalez-Gallegos. (5 pages) (MCO) (Entered: 07/27/2020)
2020-08-1381ORDERED Plaintiff Eduardo Gonzalez-Gallegos' Request for the Court to Recommend or Otherwise Direct that the Court's July 7, 2020 Order is GRANTED. (Doc. 80 .) Signed by Senior Judge Raner C Collins on 8/12/20. (MYE) (Entered: 08/13/2020)
2020-08-2082ANSWER to Complaint (Doc. 62) First Supplemental FOIA Complaint by Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation.(Foss, Katherine) (Entered: 08/20/2020)
2020-10-1383MOTION for the Court to Set a Schedule for Discovery by Eduardo Gonzalez-Gallegos. (6 pages) (ARC) (Entered: 10/15/2020)
2020-10-2884*NOTICE of Attorney Substitution by Melissa Marcus Kroeger. (Kroeger, Melissa)*Modified to correct event type on 10/30/2020 (ARC). (Entered: 10/28/2020)
2020-10-2885*First MOTION for Extension of Time Response to Plaintiff's Motion to Set Discovery Schedule by Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation. (Attachments: # 1 Text of Proposed Order Proposed Order)(Kroeger, Melissa) *Modified to correct motion type on 10/30/2020 (ARC). (Entered: 10/28/2020)
2020-11-0286ORDER granting 85 Motion for Extension of Time to File Response. Defendants shall file their Response to Plaintiff's Motion to Set Discovery Schedule (Doc. 83 ) on or before November 4, 2020. Signed by Senior Judge Raner C Collins on 11/2/2020. (ARC) (Entered: 11/02/2020)
2020-11-0487Second MOTION for Extension of Time to File Response/Reply as to 83 MOTION for the Court to Set a Schedule for Discovery by Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation. (Attachments: # 1 Text of Proposed Order)(Kroeger, Melissa) (Entered: 11/04/2020)
2020-11-0988ORDERED that Defendant's Motion (Doc. 87 ) is granted. Defendants shall file their Response to Plaintiff's Motion to Set Discovery Schedule (Doc. 83 ) on or before November 12, 2020. Signed by Senior Judge Raner C Collins on 11/9/2020. (ARC) (Entered: 11/09/2020)
2020-11-0989RESPONSE in Opposition re: 85 First MOTION for Extension of Time Response to Plaintiff's Motion to Set Discovery Schedule filed by Eduardo Gonzalez-Gallegos. (3 pages) (DLC) (Entered: 11/10/2020)
2020-11-1290*RESPONSE to Motion re: 83 MOTION for the Court to Set a Schedule for Discovery and Motion to Set Disclosure and Briefing Schedule filed by Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation. (Attachments: # 1 Text of Proposed Order)(Kroeger, Melissa) *Modified to add motion type on 11/17/2020 (ARC). (Entered: 11/12/2020)
2020-11-1991MOTION for Reconsideration and to Supplement Response in Opposition for Extension of Time re: 85 First MOTION for Extension of Time Response to Plaintiff's Motion to Set Discovery Schedule by Eduardo Gonzalez-Gallegos. (3 pages) (ARC) (Entered: 11/23/2020)
2020-11-2592MOTION for Extension of Time to File Reply as to 83 MOTION for the Court to Set a Schedule for Discovery by Eduardo Gonzalez-Gallegos. (1 page) (ARC) (Entered: 12/01/2020)
2020-11-2593DECLARATION of Eduardo Gonzalez-Gallegos re: 92 MOTION for Extension of Time to File Reply as to 83 MOTION for the Court to Set a Schedule for Discovery by Plaintiff Eduardo Gonzalez-Gallegos. (3 pages) (ARC) (Entered: 12/01/2020)
2020-12-0394ORDERED Plaintiff's 91 Motion for Reconsideration and to Supplement Response in Opposition for Extension of Time is DENIED. Plaintiff's 92 Motion for Extension of Time to File Reply is GRANTED. Plaintiff's Reply to Defendants' Response is due on or before December 23, 2020. Signed by Senior Judge Raner C Collins on 12/1/2020. (ARC) (Entered: 12/03/2020)
2020-12-2195REPLY to Response to Motion re: 83 MOTION for the Court to Set a Schedule for Discovery filed by Eduardo Gonzalez-Gallegos. (10 pages) (ARC) (Entered: 12/22/2020)
2021-01-0696ORDERED: Plaintiff's Motion for the Court to Set a Schedule for Discovery is GRANTED IN PART (Doc. 83 ) and Defendants' Motion to Set Disclosure and Briefing Schedule is GRANTED IN PART (Doc. 90 ). It is further ordered entering the following Case Management Order to govern the litigation of the Federal Records Act claim: Production of Administrative Record. Defendant shall produce the administrative record to Plaintiff by February 5, 2021. If necessary, Plaintiff may file a motion with the court specifying additional documents to be included in the administrative record and the reason the additional documents are necessary for adjudication of this matter by March 5, 2021. The parties shall reconcile, and Defendant shall file a stipulated Administrative Record with the Court by April 5, 2020 or within 30 days of the Court's decision on the motion to include additional documents. Signed by Senior Judge Raner C Collins on 1/5/2021. (See Order for complete details) (ARC) (Entered: 01/06/2021)
2021-02-0597*SERVICE EXECUTED filed by Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation: Notice of Service re: Administrative Record upon Plaintiff on February 5, 2021. (Kroeger, Melissa) *Modified to reflect correct filers on 2/8/2021 (MFR). (Entered: 02/05/2021)
2021-03-0498MOTION to Strike Defendant's Administrative Record as Submitted on February 5, 2021 by Eduardo Gonzalez-Gallegos. (12 pages) (ARC) (Entered: 03/05/2021)
2021-03-0499MOTION to Supplement the Administrative Record by Eduardo Gonzalez-Gallegos. (30 pages) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(ARC) (Entered: 03/05/2021)
2021-03-18100MOTION for Extension of Time to File Response/Reply as to 98 MOTION to Strike, 99 MOTION to Supplement and to FIle a Stipulated Administrative Record by Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation. (Attachments: # 1 Text of Proposed Order)(Kroeger, Melissa) (Entered: 03/18/2021)
2021-03-19101ORDERED that the 100 Motion is GRANTED. It is further ordered that the deadline for Defendant to respond to Plaintiff's Motion to Strike and Motion to Supplement Administrative Record (Docs. 98 , 99 ) is extended to April 19, 2021. It is further ordered that the deadline for the parties to attempt to reconcile and file a stipulated Administrative Record is extended from April 5, 2021, to April 19, 2021. If the parties are unable to reconcile, the parties shall notify the Court by April 19, 2021, and Defendant shall file the Administrative Record within 30 days of the Court's decision on Plaintiff's motion to include additional documents in the Administrative Record. Signed by Senior Judge Raner C Collins on 3/19/2021. (ARC) (Entered: 03/19/2021)
2021-04-08102NOTICE OF ATTORNEY SUBSTITUTION: Katherine V. Foss appearing for Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation. Attorney Melissa Marcus Kroeger terminated. . (Foss, Katherine) (Entered: 04/08/2021)
2021-04-15103*MOTION for Extension of Time to Respond to Plaintiff's Motion to Strike and Motion to Supplement Administrative Record [Docs 98, 99] and to File A Stipulated Administrative Record by Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation. (Attachments: # 1 Text of Proposed Order)(Foss, Katherine) *Modified to correct motion type on 4/16/2021 (ARC). (Entered: 04/15/2021)
2021-04-19104ORDER granting 103 Motion for Extension of Time to File Response. It is further ordered that the deadline for Defendant to respond to Plaintiff's Motion to Strike and Motion to Supplement Administrative Record (Docs. 98 , 99 ) is extended to May 19, 2021. It is further ordered that the deadline for the parties to attempt to reconcile and file a stipulated Administrative Record is extended from April 19, 2021 to May 19, 2021. Signed by Senior Judge Raner C Collins on 4/16/2021. (See Order for complete details) (ARC) (Entered: 04/19/2021)
2021-05-03105MOTION to Authorize Parties to Attempt to Reconcile and Stipulate to an Administrative Record Through Written Correspondence by Eduardo Gonzalez-Gallegos. (5 pages) (ARC) (Entered: 05/05/2021)
2021-05-07106MOTION to Substitute Deputy Attorney General Lisa O Monaco in place of Jeffery Rosen by Eduardo Gonzalez-Gallegos. (2 pages) (ARC) (Entered: 05/10/2021)
2021-05-10107ORDERED Defendants shall file a response to Plaintiff's 105 Motion to Authorize Written Correspondence on or before May 11, 2021. Any response shall indicate whether an additional extension of deadlines is necessary. Signed by Senior Judge Raner C Collins on 5/7/2021. (ARC) (Entered: 05/10/2021)
2021-05-11108RESPONSE to Motion re: 105 MOTION to Authorize Parties to Attempt to Reconcile and Stipulate to an Administrative Record Through Written Correspondence filed by Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation. (Foss, Katherine) (Entered: 05/11/2021)
2021-05-14109ORDERED Plaintiff's 105 Motion to Authorize Parties to Attempt to Reconcile and Stipulate to an Administrative Record Through Written Correspondence is GRANTED IN PART. The parties may confer in writing. It is further ordered the deadline for Defendant to respond to Plaintiff's Motion to Strike and Motion to Supplement the Administrative Record (Docs. 98 , 99 ) is extended to on or before May 26, 2021. If the parties are unable to reconcile, the parties shall notify the Court by May 26, 2021, and Defendants shall file the Administrative Record within 30 days of the Court's decision on Plaintiff's motion to include additional documents in the Administrative Record. Signed by Senior Judge Raner C Collins on 5/13/2021. (ARC) (Entered: 05/14/2021)
2021-05-24110MOTION for Extension of Time to Respond to Plaintiff's Motion to Strike and Motion to Supplement Administrative Record [Docs. 98, 99] and to File a Stipulated Administrative Record by Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation. (Attachments: # 1 Text of Proposed Order)(Foss, Katherine) (Entered: 05/24/2021)
2021-05-25111ORDER granting 106 Motion to Substitute Party. It is further ordered Lisa O. Monaco is substituted as Defendant replacing Jeffrey Rosen pursuant to Rule 25(d) of the Federal Rules of Civil Procedure and Rule 43(c)(2) of the Federal Rules of Appellate Procedure. Signed by Senior Judge Raner C Collins on 5/24/2021. (ARC) (Entered: 05/25/2021)
2021-05-25112ORDER granting 110 Motion for Extension of Time. It is further ordered that the deadline for Defendant to respond to Plaintiff's Motion to Strike and Motion to Supplement Administrative Record (Docs. 98 , 99 ) is extended to June 25, 2021. It is further ordered that the deadline for the parties to attempt to reconcile and file a stipulated Administrative Record is extended from May 26, 2021 to June 25, 2021. If the parties are unable to reconcile, the parties shall notify the Court by June 25, 2021, and Defendant shall file the Administrative Record within 30 days of the Court's decision on Plaintiff's motion to include additional documents in the Administrative Record. Signed by Senior Judge Raner C Collins on 5/24/2021. (ARC) (Entered: 05/25/2021)
2021-06-25113*RESPONSE in Opposition re: 98 MOTION to Strike Defendants' Administrative Record filed by Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation, Lisa O Monaco. (Foss, Katherine) *Modified to reflect correct filers on 6/28/2021 (ARC). (Entered: 06/25/2021)
2021-06-25114*RESPONSE in Opposition re: 99 MOTION to Supplement the Administrative Record filed by Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation, Lisa O Monaco. (Foss, Katherine) *Modified to reflect correct filers on 6/28/2021 (ARC). (Entered: 06/25/2021)
2021-06-25115*NOTICE re: Stipulated Administrative Record by Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation, Lisa O Monaco . (Foss, Katherine) *Modified to reflect correct filers on 6/28/2021 (ARC). (Entered: 06/25/2021)
2021-07-09116MOTION for Extension of Time to Reply to Defendant's 113 Response in Opposition to Motion, 114 Response in Opposition to Motion by Eduardo Gonzalez-Gallegos. (3 pages) (ARC) (Entered: 07/13/2021)
2021-07-14117ORDER granting 116 Plaintiff's Motion for Extension of Time to Reply to Defendant's ECFS 113 and 114 (First Request). Plaintiff may file a reply on or before August 9, 2021. Signed by Senior Judge Raner C Collins on 7/13/2021. (ARC) (Entered: 07/14/2021)
2021-07-16118Plaintiff's RESPONSE to Defendants' 115 Purported Stipulated Administrative Record by Plaintiff Eduardo Gonzalez-Gallegos. (5 pages)(BAC) (Entered: 07/20/2021)
2021-07-19119Notice of Errata and MOTION to Replace Response to Defendant's Purported Stipulated Administrative Record by Eduardo Gonzalez-Gallegos. (3 pages) (ARC) (Entered: 07/21/2021)
2021-07-19120LODGED Proposed Response to Defendant's Purported Stipulated Administrative Record re: 119 MOTION to Replace Response to Defendant's Stipulated Administrative Record. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Eduardo Gonzalez-Gallegos. (4 pages) (ARC) (Entered: 07/21/2021)
2021-07-26121ORDER granting 119 Motion to Replace Response to Defendant's Stipulated Administrative Record. Signed by Senior Judge Raner C Collins on 7/26/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RCC, bm) (Entered: 07/26/2021)
2021-08-09122REPLY to Response to Motion re: 98 MOTION to Strike filed by Eduardo Gonzalez-Gallegos. (9 pages). (SCA) (Entered: 08/10/2021)
2021-08-09123REPLY to Response to Motion re: 99 MOTION to Supplement filed by Eduardo Gonzalez-Gallegos. (12 pages) (SCA) (Entered: 08/10/2021)
2021-09-20124MOTION to Amend/Correct 90 MOTION to Set Disclosure and Briefing Schedule, 108 Response to Motion, 110 MOTION for Extension of Time to Respond to Plaintiff's Motion to Strike and Motion to Supplement Administrative Record [Docs. 98, 99] and to File a Stipulated Administrative Record by Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation, Lisa O Monaco. (Attachments: # 1 Proposed Order)(Foss, Katherine) (Entered: 09/20/2021)
2021-09-20125LODGED Proposed Proposed Amended Responses and Proposed Amended Motion for Extension re: 124 MOTION to Amend/Correct 90 MOTION to Set Disclosure and Briefing Schedule, 108 Response to Motion, 110 MOTION for Extension of Time to Respond to Plaintiff's Motion to Strike and Motion to Supplement Administrative Record [Docs. 98,. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation, Lisa O Monaco. (Attachments: # 1 Proposed Amended Response (Doc. 108), # 2 Proposed Amended Motion for Extension (Doc. 110))(Foss, Katherine) (Entered: 09/20/2021)
2021-09-24126MOTION to Exceed Page Limit for Motion for Sanctions by Eduardo Gonzalez-Gallegos. (3 pages) (ARC) (Entered: 09/28/2021)
2021-09-24127LODGED Proposed Motion for Sanctions re: 126 MOTION for Leave to File Excess Pages for Motion for Sanctions. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Eduardo Gonzalez-Gallegos. (23 pages) (ARC) (Entered: 09/28/2021)
2021-09-30129RESPONSE in Opposition re: 124 Defendant's Motion for Leave to File Amended Responses to Plaintiff's Motions filed by Eduardo Gonzalez-Gallegos. (6 pages) (ARC) (Entered: 10/04/2021)
2021-10-01128RESPONSE in Opposition re: 126 MOTION for Leave to File Excess Pages for Motion for Sanctions filed by Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation, Lisa O Monaco. (Foss, Katherine) (Entered: 10/01/2021)
2021-10-07130REPLY to Response to Motion re: 124 MOTION to Amend/Correct 90 MOTION to Set Disclosure and Briefing Schedule, 108 Response to Motion, 110 MOTION for Extension of Time to Respond to Plaintiff's Motion to Strike and Motion to Supplement Administrative Record [Docs. 98, filed by Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation, Lisa O Monaco, Jeffrey A Rosen. (Foss, Katherine) (Entered: 10/07/2021)
2021-10-18131REPLY to Response to Motion re: 126 MOTION for Leave to File Excess Pages for Motion for Sanctions filed by Eduardo Gonzalez-Gallegos. (7 pages) (SCA) (Entered: 10/18/2021)
2021-11-12132ORDERED: Plaintiff's "Motion to Strike Defendants' Administrative Record as Submitted on February 5, 2021" (Doc. 98 ) is denied. Plaintiff's "Motion to Supplement the Administrative Record" (Doc. 99 ) is granted in part as to Plaintiff's request to supplement the Administrative Record with USAO and USAO-SD policies regarding record creation, maintenance, storage, retrieval, organization, loss prevention, and reporting requirements when a record is missing or unlawfully removed; the Motion is otherwise denied. Within 30 days of this Order, Defendants must file a revised Administrative Record that eliminates internal duplication and includes a table of exhibits and the additional policy provisions and depositions set forth in this Order. Defendants' Motion for Leave to File Amended Responses to Plaintiff's Motions (Doc. 124 ) is denied as moot. Plaintiff's Motion to Exceed Page Limit (Doc. 126 ) is denied. The Court will set a revised briefing schedule by separate Order. Signed by Senior Judge Raner C Collins on 11/12/2021. (See Order for complete details) (ARC) (Entered: 11/12/2021)
2021-12-10133First MOTION for Extension of Time to File Revised Administrative Record by Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation, Lisa O Monaco. (Attachments: # 1 Proposed Order)(Foss, Katherine) (Entered: 12/10/2021)
2021-12-13134ORDERED that the Motion for Extension (Doc. 133 ) is GRANTED. The revised Administrative Record shall be filed on or before December 23, 2021. Signed by Senior Judge Raner C Collins on 12/13/2021. (ARC) (Entered: 12/13/2021)
2021-12-23135NOTICE re: filing revised Administrative Record by Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation, Lisa O Monaco re: 132 Order on Motion to Strike, Order on Motion to Supplement, Order on Motion to Amend/Correct, Order on Motion for Leave to File Excess Pages . (Attachments: # 1 Revised Administrative Record)(Foss, Katherine) (Entered: 12/23/2021)
2022-01-06136OBJECTION re: 135 to Portions of Revised Administrative Record ECF 135-1 by Plaintiff Eduardo Gonzalez-Gallegos. (12 pages) (REM) (Entered: 01/07/2022)
2022-01-13137REPLY re: 136 Objection by Defendants Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation, Lisa O Monaco. (Foss, Katherine) (Entered: 01/13/2022)
2022-01-25138MOTION for Extension of Time to File Reply as to 137 Reply by Eduardo Gonzalez-Gallegos. (3 pages) (JAM) (Entered: 01/25/2022)
2022-02-03139ORDERED Plaintiff Eduardo Gonzalez-Gallego's Motion for Extension of Time to Reply to Defendant's ECF 137 is GRANTED. (Doc. 138 .) Plaintiff shall have until February 8, 2022 to respond to Defendant's Response (Doc. 137 ). Signed by Senior Judge Raner C Collins on 2/3/2022. (ARC) (Entered: 02/03/2022)
2022-02-07140REPLY re: 137 by Plaintiff Eduardo Gonzalez-Gallegos. (6 pages) (JAM) (Entered: 02/09/2022)
2022-05-18141ORDERED that Plaintiff's Objections to Portions of the Revised Administrative Record is GRANTED IN PART. (Doc. 136 .) Defendants shall arrange to have Plaintiff depose Ernesto Magaa. The remainder of Plaintiff's objection is DENIED. The parties shall have 30 days from the date of this Order to submit a revised scheduling order with proposed future deadlines. Signed by Senior Judge Raner C Collins on 5/17/2022. (ARC) (Entered: 05/18/2022)
2022-06-01142NOTICE re: Filing Joint Proposed Scheduling Order by Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation, Lisa O Monaco . (Attachments: # 1 Proposed Order)(Foss, Katherine) (Entered: 06/01/2022)
2022-06-08143ORDER re: 142 Notice of Filing Joint Proposed Scheduling Order, that Plaintiff will depose Ernesto Magaa on or before July 29, 2022. Mr. Magaa's deposition may take place by telephonic or videographic means. Plaintiff's opening brief will be due on August 31, 2022. Defendant's response will be due September 30, 2022. Plaintiff's reply will be due October 17, 2022. Signed by Senior Judge Raner C Collins on 6/8/22. (JAM) (Entered: 06/08/2022)
2022-07-21144NOTICE OF ATTORNEY SUBSTITUTION: Michael A. Ambri appearing for Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation, Lisa O Monaco. Attorney Katherine V Foss terminated. . (Ambri, Michael) (Entered: 07/21/2022)
2022-07-22145MOTION to Temporarily Stay Deposition and Briefing Deadlines by Eduardo Gonzalez-Gallegos. (2 pages) (JAM) (Entered: 07/22/2022)
2022-07-22146MOTION to Recruit Counsel by Eduardo Gonzalez-Gallegos. (4 pages) (JAM) (Entered: 07/22/2022)
2022-07-22147REQUEST for Clarification of 141 the Court's May 15, 2022 Order by Eduardo Gonzalez-Gallegos. (4 pages) (JAM) (Entered: 07/22/2022)
2022-08-17148RESPONSE to Motion re: 146 MOTION to Appoint Counsel, 145 MOTION to Stay, 147 MOTION for Clarification of re: 141 Order filed by Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation, Lisa O Monaco. (Ambri, Michael) (Entered: 08/17/2022)
2022-08-23149ORDERED: Plaintiff's Motion to Temporarily Stay Deposition and Briefing Deadlines (Doc. 145 ) is GRANTED IN PART. Within thirty (30) days of the date of this Order, the parties shall file a Joint Proposed Scheduling Order, setting the deadlines previously set by the Court (see Doc. 143 ), or alternatively filing a status report. Plaintiff's Motion to Clarify [the Court's] May 18, 2022 Order (Doc. 147 ) is GRANTED insofar as this Order clarifies the responsibilities for Ernesto Magana's deposition. Plaintiff's Motion to Recruit Counsel (Doc. 146 ) is DENIED. Signed by Senior Judge Raner C Collins on 8/22/2022. (ARC) (Entered: 08/23/2022)
2022-10-13150ORDERED within fourteen days of the date of this order, the parties shall file either a Joint Proposed Scheduling Order or status report. Signed by Senior Judge Raner C Collins on 10/13/2022. (ARC) (Entered: 10/13/2022)
2022-10-27151STATUS REPORT by Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation, Lisa O Monaco. (Ambri, Michael) (Entered: 10/27/2022)
2022-10-31152MOTION to Extend Deadline for the Joint Proposed Scheduling Order by Eduardo Gonzalez-Gallegos. (1 page) (ARC) (Entered: 11/02/2022)
2022-10-31153STATUS REPORT by Eduardo Gonzalez-Gallegos. (3 pages) (ARC) (Entered: 11/02/2022)
2022-10-31154NOTICE of Errata re: 153 Status Report by Plaintiff Eduardo Gonzalez-Gallegos. (7 pages) (ARC) (Entered: 11/02/2022)
2022-11-03155ORDERED Plaintiff's Motion to Extend Deadline for the Joint Proposed Scheduling Order is GRANTED. (Doc. 152 .) Within thirty (30) days of the date of this Order, the parties shall file a Joint Proposed Scheduling Order, setting the deadlines previously set by the Court (see Doc. 14 3), or alternatively filing a status report. Signed by Senior Judge Raner C Collins on 11/3/2022. (ARC) (Entered: 11/03/2022)
2022-12-13156STATUS REPORT (Third) by Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation, Lisa O Monaco. (Attachments: # 1 Proposed Order)(Ambri, Michael) (Entered: 12/13/2022)
2023-01-03157NOTICE OF ATTORNEY SUBSTITUTION: Sarah S. Letzkus appearing for Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation, Lisa O Monaco. Attorney Michael Alexander Ambri terminated. . (Letzkus, Sarah) (Entered: 01/03/2023)
2023-01-10158NOTICE of Service of Discovery filed by Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation, Lisa O Monaco. (Letzkus, Sarah) (Entered: 01/10/2023)
2023-01-10159STATUS REPORT (Fourth) by Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation, Lisa O Monaco. (Attachments: # 1 Proposed Order)(Letzkus, Sarah) (Entered: 01/10/2023)
2023-01-12160ORDER the Court having received Defendants' Status Report (Fourth) (Doc. 159 ), It Is Ordered that the parties shall file their joint proposed briefing schedule on or before January 24, 2023. Signed by Senior Judge Raner C Collins on 1/10/2023. (REM) (Entered: 01/12/2023)
2023-01-24161Joint MOTION for Extension of Time to File Joint Proposed Briefing Schedule by Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation, Lisa O Monaco. (Attachments: # 1 Proposed Order)(Letzkus, Sarah) (Entered: 01/24/2023)
2023-01-27162ORDER granting 161 Defendant's Motion to Extend Deadline for the Parties to File Joint Proposed Briefing Schedule. IT IS FUTHER ORDERED that the parties shall file a joint proposed briefing schedule on or before February 6, 2023. Signed by Senior Judge Raner C Collins on 1/27/2023. (REM) (Entered: 01/27/2023)
2023-01-27163MOTION to Hold Merits Briefing, on Count V, in Abeyance Until Resolution of Objections by Eduardo Gonzalez-Gallegos. (2 pages) (ARC) (Entered: 01/30/2023)
2023-02-02164NOTICE re: of Non-Opposition by Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation, Lisa O Monaco re: 163 MOTION to Stay . (Letzkus, Sarah) (Entered: 02/02/2023)
2023-02-07165ORDERED the motion is GRANTED. (Doc. 163 ) Plaintiff shall have until February 10, 2023 to file his objections and respond to Defendant's objections. IT IS FURTHER ORDERED parties shall file a joint proposed briefing schedule on or before February 24, 2023. Signed by Senior Judge Raner C Collins on 2/7/2023. (ARC) (Entered: 02/07/2023)
2023-02-09166Plaintiff's MOTION for Extension of Time (First Request) to complete objections and responses by Eduardo Gonzalez-Gallegos. (2 pages) (REM) (Entered: 02/10/2023)
2023-02-13167ORDERED GRANTING 166 Plaintiff's Motion for an Extension of Time (First Request). Plaintiff may submit his objections and responses to Defendant's objections on or before February 11, 2023. Signed by Senior Judge Raner C Collins on 2/13/2023. (ARC) (Entered: 02/13/2023)
2023-02-21168RESPONSES to Defendant's Objections to Interrogatories and Objection to Defendant's Responses by Plaintiff Eduardo Gonzalez-Gallegos. (25 pages) (Attachments: # 1 Exhibit)(JAM) (Entered: 02/22/2023)
2023-02-27169BRIEF -Joint Proposed Merits Briefing Schedule for Count V by Defendants Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation, Lisa O Monaco. (Attachments: # 1 Proposed Order)(Letzkus, Sarah) (Entered: 02/27/2023)
2023-02-28170ORDERED that Plaintiff's opening brief will be due on April 3, 2023. Defendants' response brief will be due on May 5, 2023. Plaintiff's reply brief will be due on May 22, 2023. Given that this case has been pending for close to five years, no extensions will be granted absent extraordinary circumstances. Signed by Senior Judge Raner C Collins on 2/28/2023. (ARC) (Entered: 02/28/2023)
2023-03-07171*REPLY re: 168 Response and MOTION to Supplement the Administrative Record by Defendants Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation, Lisa O Monaco. (Attachments: # 1 Proposed Order)(Letzkus, Sarah) *Modified to add motion part on 3/8/2023 (ARC). (Entered: 03/07/2023)
2023-03-27172ORDERED: This matter is referred to the Honorable Magistrate Judge Maria S. Aguilera for a settlement conference. See LRCiv 83.10. Counsel for Defendants shall contact the Magistrate Judge's chambers at 520-205-4630 to schedule the settlement proceedings. Counsel for Defendant shall file a Joint Status Report with the Court within ten (10) days of the completion of settlement proceedings indicating the outcome of the Settlement Conference. Merits briefing deadlines are held in abeyance pending the outcome of settlement proceedings. Signed by Senior Judge Raner C Collins on 3/27/2023. (REM) (Entered: 03/27/2023)
2023-04-06173ORDERED that a settlement conference is set before the undersigned judge on May 23, 2023, at 9:00 a.m. Plaintiff Eduardo Gonzalez-Gallegos, an inmate at the United States Penitentiary in Tucson, Arizona, shall appear remotely. Signed by Magistrate Judge Maria S Aguilera on 4/6/2023. (ARC) (Entered: 04/06/2023)
2023-05-05174MOTION for Clarification of the Scope of the Pending Settlement Conference by Eduardo Gonzalez-Gallegos. (4 pages) (ARC) (Entered: 05/09/2023)
2023-05-09175ORDERED that the motion (Doc. 174 ) is granted in part to the extent that this Order provides the requested clarification. The motion is denied in part to the extent that Plaintiff requests the assistance of another inmate at the settlement conference. Signed by Magistrate Judge Maria S Aguilera on 5/9/2023. (ARC) (Entered: 05/09/2023)
2023-05-18176ORDER that the settlement conference, presently set for May 23, 2023, is vacated. The Court will contact defense counsel to coordinate a new date for the conference. Signed by Magistrate Judge Maria S Aguilera on 5/17/23. (See attached Order for complete details)(JAM) (Entered: 05/18/2023)
2023-05-22177ORDERED that a settlement conference is set for June 6, 2023, at 9:00 a.m. The parties, including Plaintiff Eduardo Gonzalez-Gallegos, shall appear remotely using the Zoom platform. Signed by Magistrate Judge Maria S Aguilera on 5/22/2023. (ARC) (Entered: 05/22/2023)
2023-06-06178MINUTE ENTRY for proceedings held before Magistrate Judge Maria S Aguilera: Settlement Conference held on 6/6/2023. The parties did not reach a settlement. APPEARANCES: Video Zoom appearance by Pro Se Plaintiff Eduardo Gonzalez-Gallegos and AUSA, Sara Letzkus for Defendant. (Not Recorded.) Hearing held 9:00 AM to 10:45 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CXE) (Entered: 06/13/2023)
2023-06-15179STATUS REPORT by Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation, Lisa O Monaco. (Letzkus, Sarah) (Entered: 06/15/2023)
2024-03-14180ORDERED: Defendants' 171 Motion to Supplement the Administrative Record is GRANTED. Defendants may supplement the Revised Administrative Record (Doc. 135 -1) to include Defendants' Responses to Plaintiff's Requests for Information. Plaintiff's 168 Objection to Defendants' Responses is DENIED. Within forty-five (45) days of the date of this Order, Plaintiff shall file an opening brief. Within forty five (45) days of service of the opening brief, Defendants shall file a responsive brief. Within thirty (30) days of service of the responsive brief, Plaintiff shall file a reply. The Court will not entertain any additional discovery motions or motions to supplement the AR. Given that this case has been pending for close to five years, no extensions will be granted absent extraordinary circumstances. Signed by Senior Judge Raner C Collins on 3/8/2024. (ARC) (Entered: 03/14/2024)
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