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Case TitleReyes v. United States Department of the Interior et al
DistrictSouthern District of California
CitySan Diego
Case Number3:2018cv00366
Date Filed2018-02-16
Date Closed2020-08-17
JudgeJudge John A. Houston
PlaintiffEmilio Reyes
Case DescriptionEmilio Reyes, a researcher, submitted two FOIA requests to the Department of the Interior for records concerning named individuals who were descendants of either the San Pasqual or Gabrielino Indians. The agency acknowledged receipt of the requests. After hearing nothing further from the agency, Reyes filed an administrative appeal. After hearing nothing further from the agency on the requests or his appeals, Reyes filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Recovery of Costs

DefendantUnited States Department of the Interior, Office of Federal Acknowlegement
DefendantUnited States Department of the Interior, Office of Federal Acknowledgement
DefendantUnited States Department of the Interior, Office of the Solicitor
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [35]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-02-161COMPLAINT against Emilio Reyes, IFP Filed, filed by Emilio Reyes. (Attachments: # 1 Civil Cover Sheet) The new case number is 3:18-cv-00366-DMS-JMA. Judge Dana M. Sabraw and Magistrate Judge Jan M. Adler are assigned to the case. (Reyes, Emilio)(jrm) (sjt) (Entered: 02/16/2018)
2018-02-162MOTION for Leave to Proceed in forma pauperis by Emilio Reyes. (jrm) (Entered: 02/16/2018)
2018-03-163ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. This case has been reassigned to Judge John A. Houston and Magistrate Judge Ruben B. Brooks for all further proceedings. Judge Dana M. Sabraw and Magistrate Judge Jan M. Adler are no longer assigned to this case. Create association to 3:17-cv-01190-JAH-RBB. The new case number is 18cv0366-JAH-RBB. Signed by Judge John Houston on 3/13/2018. Signed by Judge Dana M. Sabraw on 3/15/2018.(All non-registered users served via U.S. Mail Service)(aef) (Entered: 03/16/2018)
2018-10-264ORDER granting 2 Motion Proceed in forma pauperis. US Marshal shall effect service of complaint. (Summons and IFP package prepared). Signed by Judge John A. Houston on 10/24/2018. (All non-registered users served via U.S. Mail Service)(jpp) (Entered: 10/29/2018)
2018-10-295Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. Summons will be mailed to plaintiffs not receiving notice electronically. (Attachments: # 1 in forma pauperis letter)(jpp) (Entered: 10/29/2018)
2018-12-186Ex Parte MOTION for Extension of Time to File Answer re 1 Complaint, by United States Department of the Interior, Office of Federal Acknowledgement, 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, Office of Federal Acknowledgement(pty:dft), Attorney Rebecca Grace Church added to party United States Department of the Interior, Office of the Solicitor(pty:dft) (jpp). (Entered: 12/18/2018)
2018-12-197ORDER granting 6 ex parte application for Extension of Time to respond to complaint for declaratory and injunctive relief. Defendants response to complaint due by 1/22/2019. Signed by Judge John A. Houston on 12/19/2018. (All non-registered users served via U.S. Mail Service)(jpp) (Entered: 12/20/2018)
2019-01-078Ex Parte MOTION to Stay During Lapse in Appropriation by United States Department of the Interior, Office of Federal Acknowledgement, United States Department of the Interior, Office of the Solicitor. (Attachments: # 1 Proof of Service)(Church, Rebecca) (jpp). (Entered: 01/07/2019)
2019-01-079ORDER granting 8 Defendant's ex parte application for stay during lapse in Department of Justice appropriation. Signed by Judge John A. Houston on 1/07/2018. (All non-registered users served via U.S. Mail Service)(jpp) (Entered: 01/08/2019)
2019-01-1810SUMMONS Returned Executed by Emilio Reyes. United States Department of the Interior, Office of Federal Acknowledgement served. (jpp) (Entered: 01/22/2019)
2019-01-1811SUMMONS Returned Executed by Emilio Reyes. United States Attorney's Office San Diego served. (jpp) (Entered: 01/22/2019)
2019-01-1812SUMMONS Returned Executed by Emilio Reyes. United States Department Justice served. (jpp) (Entered: 01/22/2019)
2019-01-1813SUMMONS Returned Executed by Emilio Reyes. United States Department of the Interior, Office of the Solicitor served. (jpp) (Entered: 01/22/2019)
2019-02-0114NOTICE of Lifting of Stay, Joint by United States Department of the Interior, Office of Federal Acknowledgement, United States Department of the Interior, Office of the Solicitor (Attachments: # 1 Proof of Service)(Church, Rebecca) (jpp). (Entered: 02/01/2019)
2019-02-2615ANSWER to 1 Complaint, for Declaratory and Injunctive Relief by United States Department of the Interior, Office of Federal Acknowledgement, United States Department of the Interior, Office of the Solicitor. (Attachments: # 1 Proof of Service)(Church, Rebecca) (jpp). (Entered: 02/26/2019)
2019-02-2716NOTICE AND ORDER for Early Neutral Evaluation Conference. Early Neutral Evaluation set for 3/19/2019 03:00 PM before Magistrate Judge Ruben B. Brooks.. Signed by Magistrate Judge Ruben B. Brooks on 2/27/2019.(All non-registered users served via U.S. Mail Service)(jpp) (Entered: 02/27/2019)
2019-03-2017Minute Order for proceedings held before Magistrate Judge Ruben B. Brooks:Early Neutral Evaluation Conference and Case Management 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)
2019-03-2018SCHEDULING ORDER regulating discovery and other pre-trial proceedings. A Settlement Conference shall be conducted on 7/09/2019 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)
2019-07-0219Joint MOTION to Continue the Settlement Conference by United States Department of the Interior, Office of Federal Acknowledgement, United States Department of the Interior, Office of the Solicitor. (Attachments: # 1 Proof of Service)(Church, Rebecca) (tcf). (Entered: 07/02/2019)
2019-07-0220ORDER Granting 19 Joint Motion to Continue the Settlement Conference. The parties shall submit a joint settlement status report by August 13, 2019. The settlement conference set on July 9, 2019 is CONTINUED to August 20, 2019, at 2:00 p.m. before Magistrate Judge Ruben B. Brooks. Signed by Magistrate Judge Ruben B. Brooks on 7/2/2019. (All non-registered users served via U.S. Mail Service) (tcf) (jao). (Entered: 07/02/2019)
2019-08-2021Minute 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)
2019-11-2622Minute 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)
2020-02-2523Minute 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)
2020-02-2824Joint MOTION for Extension of Time to File and Amend the Scheduling Order by United States Department of the Interior, Office of Federal Acknowledgement, United States Department of the Interior, Office of the Solicitor. (Attachments: # 1 Proof of Service)(Church, Rebecca) (tcf). (Entered: 02/28/2020)
2020-03-0325ORDER Granting 24 Joint Motion to Amend the Scheduling Order and Allow an Extension of Time to File Pretrial Motions. The scheduling order is amended to allow the parties to file pretrial motions by 4/30/2020. Signed by Magistrate Judge Ruben B. Brooks on 3/3/2020. (All non-registered users served via U.S. Mail Service) (tcf) (Entered: 03/03/2020)
2020-04-0726Minute 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)
2020-04-1427Joint MOTION for Extension of Time to File Amend the Scheduling Order and Allow an Extension of Time to File Pretrial Motions by United States Department of the Interior, Office of Federal Acknowledgement, United States Department of the Interior, Office of the Solicitor. (Attachments: # 1 Proof of Service)(Church, Rebecca) (tcf). (Entered: 04/14/2020)
2020-04-1428ORDER Granting 27 Joint Motion to Amend the Scheduling Order and Allow an Extension of Time to File Pretrial Motions. The schedulingorder is amended to allow the parties to file pretrial motions by 7/6/2020. Signed by Magistrate Judge Ruben B. Brooks on 4/14/2020. (All non-registered users served via U.S. Mail Service) (tcf) (Entered: 04/14/2020)
2020-06-0329Joint MOTION for Extension of Time to File by United States Department of the Interior, Office of Federal Acknowledgement, United States Department of the Interior, Office of the Solicitor. (Attachments: # 1 Proof of Service)(Church, Rebecca) (tcf). (Entered: 06/03/2020)
2020-06-0430ORDER Granting 29 Joint Motion to Amend the Scheduling Order and Allow an Extension of Time to File Pretrial Motions. The scheduling order is amended to allow the parties to file pretrial motions by September 8, 2020. Signed by Magistrate Judge Ruben B. Brooks on 6/4/2020. (All non-registered users served via U.S. Mail Service) (tcf) (Entered: 06/04/2020)
2020-06-1031Minute 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 8/25/2020 at 8:30 AM before Magistrate Judge Ruben B. Brooks. (Plaintiff Attorney Emilio Reyes). (Defendant Attorney Rebecca G. Church). (All non-registered users served via U.S. Mail Service) (tcf) (Entered: 06/10/2020)
2020-07-0232Plaintiff's MOTION for Voluntary Dismissal by Emilio Reyes. (tcf) (Entered: 07/07/2020)
2020-07-0833NON Opposition re 32 MOTION to Dismiss filed by United States Department of the Interior, Office of Federal Acknowledgement, United States Department of the Interior, Office of the Solicitor. (Attachments: # 1 Proof of Service)(Church, Rebecca) (tcf). (Entered: 07/08/2020)
2020-07-1434Plaintiff's REPLY to Defendants' Non-Opposition re 32 MOTION for Voluntary Dismissal filed by Emilio Reyes. (tcf) (Entered: 07/14/2020)
2020-08-1735ORDER Granting 32 Plaintiff's Motion to Dismiss. IT IS HEREBY ORDERED: 1. Plaintiff's motion to dismiss is GRANTED. The action is dismissed in its entirety without prejudice. 2. Any party seeking fees and costs may file a motion within 60 days of the date of this order. Signed by Judge John A. Houston on 8/17/2020. (All non-registered users served via U.S. Mail Service) (tcf) (Entered: 08/17/2020)
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by FOIA Project Staff
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