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Case TitleEmilio Reyes v. United States Department of the Interior et al
DistrictSouthern District of California
CitySan Diego
Case Number3:2018cv00367
Date Filed2018-02-16
Date Closed2020-08-17
JudgeJudge John A. Houston
PlaintiffEmilio Reyes
Case DescriptionEmilio Reyes, a researcher, submitted five FOIA requests to the Department of the Interior for records concerning named individuals who were descendants of the San Pasqual, Gabrielino, or Cahuilla Indians. The agency disclosed records, but withheld records under Exemption 6 (invasion of privacy). It also charged Reyes $300 in duplication fees for 2,100 pages. Reyes filed administrative appeals for all his requests, but after hearing nothing further from the agency, 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 Solicicitor
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [50]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-02-161COMPLAINT against All Defendants, IFP Filed, filed by Emilio Reyes. The new case number is 3:18-cv-367-LAB-MDD. Judge Larry Alan Burns and Magistrate Judge Mitchell D. Dembin are assigned to the case.(sjm) (Additional attachment(s) added on 2/16/2018: # 1 Civil Cover Sheet) (sjm). (sjt). (Entered: 02/16/2018)
2018-02-162MOTION for Leave to Proceed in forma pauperis by Emilio Reyes. (sjm) (Entered: 02/16/2018)
2018-02-233ORDER 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 Larry Alan Burns, Magistrate Judge Mitchell D. Dembin no longer assigned to case. Pending hearings previously set before the original Judge(s) have been transferred to the newly assigned Judge(s). Create association to 3:17-cv-01190-JAH-RBB. The new case number is 18cv367-JAH-RBB. Signed by Judge Larry Alan Burns on 2/21/2018. Signed by Judge John Houston on 2/20/2018.(All non-registered users served via U.S. Mail Service)(jdt) (Entered: 02/23/2018)
2018-10-294ORDER 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, Bureau of Indian Affairs, United States Department of the Interior, Office of the Solicicitor. (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 Solicicitor(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 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)
2018-12-198SUMMONS Returned Executed by Emilio Reyes. United States Attorney, Southern District served. (jpp) (Entered: 12/26/2018)
2018-12-199SUMMONS Returned Executed by Emilio Reyes. United States Department of the Interior, Office of the Solicicitor served. (jpp) (Entered: 12/26/2018)
2018-12-1910SUMMONS Returned Executed by Emilio Reyes. United States Department of Justice served. (jpp) (Entered: 12/26/2018)
2018-12-1911SUMMONS Returned Executed by Emilio Reyes. United States Department of the Interior, Bureau of Indian Affairs served. (jpp) (Entered: 12/26/2018)
2019-01-0712Ex Parte MOTION to Stay During Lapse in Appropriation by United States Department of the Interior, Bureau of Indian Affairs, United States Department of the Interior, Office of the Solicicitor. (Attachments: # 1 Proof of Service)(Church, Rebecca) (jpp). (Entered: 01/07/2019)
2019-01-0713ORDER granting 12 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)
2019-01-1514FIRST AMENDED COMPLAINT with Jury Demand against United States Department of the Interior, Bureau of Indian Affairs, United States Department of the Interior, Office of the Solicicitor, filed by Emilio Reyes. (Summons and IFP package prepared). (jpp) (Entered: 01/16/2019)
2019-01-1615Summons Issued on First Amended Complaint. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. Summons will be mailed to plaintiffs not receiving notice electronically. (Attachments: # 1 in forma pauperis letter)(jpp) (Entered: 01/16/2019)
2019-02-0116NOTICE of Lifting of Stay, Joint by United States Department of the Interior, Bureau of Indian Affairs, United States Department of the Interior, Office of the Solicicitor (Attachments: # 1 Proof of Service)(Church, Rebecca) (Entered: 02/01/2019)
2019-02-2617MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by United States Department of the Interior, Bureau of Indian Affairs, United States Department of the Interior, Office of the Solicicitor. (Attachments: # 1 Memo of Points and Authorities, # 2 Proof of Service)(Church, Rebecca) (jpp). (Entered: 02/26/2019)
2019-02-2718NOTICE 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)
2019-03-1519Notice of Document Discrepancies and Order Thereon by Judge John A. Houston Rejecting Document: Second Amended Complaint, from Plaintiff Emilio Reyes. Non-compliance with local rule(s), OTHER: Civ.L. Rule 15.1 No leave to file Second Amended Complaint. FED.R.CIV.P 15(a)(2) - Plaintiff must seek leave of the court to file an amended complaint.. Signed by Judge John A. Houston on 3/13/2019.(All non-registered users served via U.S. Mail Service)(jpp) (Additional attachment(s) added on 3/15/2019: # 1 rejected document) (jpp). (Entered: 03/15/2019)
2019-03-2020Minute Order for proceedings held before Magistrate Judge Ruben B. Brooks:Case Management Conference and Early Neutral Evaluation 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)
2019-03-2021SCHEDULING 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)
2019-03-2022Notice of Document Discrepancies and Order Thereon by Judge John A. Houston Accepting Document: Plaintiffs Ex Parte Application for Leave to File a Second Amended Complaint, from Plaintiff Emilio Reyes. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Date noticed for hearing not in compliance with rules/documents are not timely. Nunc Pro Tunc 3/19/2019. Signed by Judge John A. Houston on 3/20/2019.(All non-registered users served via U.S. Mail Service)(jpp) (Entered: 03/20/2019)
2019-03-2023Ex Parte MOTION for Leave to File a Second Amended Complaint by Emilio Reyes. NUNC PRO TUNC 3/19/2019 (jpp) (Entered: 03/20/2019)
2019-03-2125SUMMONS Returned Executed by Emilio Reyes. United States Department of the Interior, Bureau of Indian Affairs served. (jpp) (Entered: 03/28/2019)
2019-03-2126SUMMONS Returned Executed by Emilio Reyes. United States Attorney's Office, San Diego served. (jpp) (Entered: 03/28/2019)
2019-03-2127SUMMONS Returned Executed by Emilio Reyes. United States Department of the Interior, Office of the Solicicitor served. (jpp) (Entered: 03/28/2019)
2019-03-2128SUMMONS Returned Executed by Emilio Reyes. United States Department of Justice (jpp) (Entered: 03/28/2019)
2019-03-2524ORDER setting briefing schedule on 23 Plaintiff's Motion for Leave to amend. Defendants shall file and serve a response to Plaintiffs motion for leave toamend on or before 4/22/2019. If Plaintiff wishes to file a reply, he may file and serve a reply on or before 5/13/2019. The hearing on Defendants motion to dismiss set for 4/02/2019 is vacated and rescheduled to 6/03/2019 at 2:20pm. Signed by Judge John A. Houston on 3/25/2019.(All non-registered users served via U.S. Mail Service)(jpp) (Entered: 03/25/2019)
2019-04-2229NON Opposition re 23 MOTION for Leave to File Seond Amended Complaint by Plaintiff filed by United States Department of the Interior, Bureau of Indian Affairs, United States Department of the Interior, Office of the Solicicitor. (Attachments: # 1 Proof of Service)(Church, Rebecca) (Entered: 04/22/2019)
2019-04-2930ORDER granting 23 unoppsed Motion for Leave to amend. Plaintiff shall file and serve the second amended complaint on or before 5/17/2019. Signed by Judge John A. Houston on 4/26/2019. (All non-registered users served via U.S. Mail Service)(jpp) (Entered: 04/29/2019)
2019-05-0931SECOND AMENDED COMPLAINT with Jury Demand against United States Department of the Interior, Bureau of Indian Affairs, United States Department of the Interior, Office of the Solicicitor, filed by Emilio Reyes. (jpp) (Entered: 05/10/2019)
2019-05-1332ORDER denying 17 Defendants' Motion to Dismiss as moot. 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)
2019-05-2333ANSWER to 31 Amended Complaint Second Amended by United States Department of the Interior, Office of the Solicicitor, United States Department of the Interior, Bureau of Indian Affairs. (Attachments: # 1 Proof of Service)(Church, Rebecca) (jpp). (Entered: 05/23/2019)
2019-07-0234Joint MOTION to Continue the Settlement Conference by United States Department of the Interior, Bureau of Indian Affairs, United States Department of the Interior, Office of the Solicicitor. (Attachments: # 1 Proof of Service)(Church, Rebecca) (tcf). (Entered: 07/02/2019)
2019-07-0235ORDER Granting 34 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)
2019-08-2036Minute 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)
2019-11-2637Minute 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)
2020-02-2538Minute 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)
2020-02-2839Joint MOTION for Extension of Time to File and Amend the Scheduling Order by United States Department of the Interior, Bureau of Indian Affairs, United States Department of the Interior, Office of the Solicicitor. (Attachments: # 1 Proof of Service)(Church, Rebecca) (tcf). (Entered: 02/28/2020)
2020-03-0340ORDER Granting 39 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)
2020-04-0741Minute 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)
2020-04-1442Joint 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, Bureau of Indian Affairs, United States Department of the Interior, Office of the Solicicitor. (Attachments: # 1 Proof of Service)(Church, Rebecca) (tcf). (Entered: 04/14/2020)
2020-04-1443ORDER Granting 42 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 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)
2020-06-0344Joint MOTION for Extension of Time to File by United States Department of the Interior, Bureau of Indian Affairs, United States Department of the Interior, Office of the Solicicitor. (Attachments: # 1 Proof of Service)(Church, Rebecca) (tcf). (Entered: 06/03/2020)
2020-06-0445ORDER Granting 44 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 Judge John A. Houston on 6/4/2020. (All non-registered users served via U.S. Mail Service) (tcf) (Entered: 06/04/2020)
2020-06-1046Minute 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)
2020-07-0247Plaintiff's MOTION for Voluntary Dismissal by Emilio Reyes. (tcf) (Entered: 07/07/2020)
2020-07-0848NON Opposition re 47 MOTION to Dismiss filed by United States Department of the Interior, Bureau of Indian Affairs, United States Department of the Interior, Office of the Solicicitor. (Attachments: # 1 Proof of Service)(Church, Rebecca) (tcf). (Entered: 07/08/2020)
2020-07-1449Plaintiff's REPLY to Defendants' Non-Opposition re 47 MOTION for Voluntary Dismissal filed by Emilio Reyes. (tcf) (Entered: 07/14/2020)
2020-08-1750ORDER Granting 47 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 dateof 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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