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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
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)
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