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Case TitleOrtega et al v. Treasury Department
DistrictSouthern District of Texas
CityHouston
Case Number4:2019cv01078
Date Filed2019-03-22
Date Closed2020-01-17
JudgeJudge Sim Lake
PlaintiffSaul Ortega
PlaintiffDavid Rogers
Case DescriptionSaul Ortega and David Rodgers, who were involved in an administrative proceeding brought by the Office of the Comptroller of the Currency as the result of a bank failure, submitted a FOIA request to the Department of Treasury for records concerning a November 2018 document entitled Ratification of Administrative Law Judge Appointments. The agency acknowledged receipt of the request. The agency responded by providing 13 heavily-redacted pages. Ortega and Rodgers filed an administrative appeal of the decision, but after hearing nothing further from the agency, Ortega and Rodgers filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantTreasury Department
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [18]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-03-221COMPLAINT against All Defendants (Filing fee $ 400 receipt number 0541-22101626) filed by Saul Ortega, David Rogers. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Ex. A, # 3 Exhibit Ex. B, # 4 Exhibit Ex. C)(Brame, Frank) (Entered: 03/22/2019)
2019-03-222Request for Issuance of Summons as to Treasury Department, filed.(Brame, Frank) (Entered: 03/22/2019)
2019-03-253ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 7/12/2019 at 03:00 PM in Courtroom 9B before Judge Sim Lake(Signed by Judge Sim Lake) Parties notified.(ckrus, 4) (Entered: 03/25/2019)
2019-03-264Summons Issued as to Treasury Department, U.S. Attorney and U.S. Attorney General. Issued summons returned to plaintiff by First-class mail, filed.(hlerma, 4) (Entered: 03/26/2019)
2019-03-295CERTIFICATE OF INTERESTED PARTIES by Saul Ortega, David Rogers, filed.(Brame, Frank) (Entered: 03/29/2019)
2019-05-016ANSWER to 1 Complaint, by Treasury Department, filed.(Rodriguez, Jimmy) (Entered: 05/01/2019)
2019-06-277MOTION for Summary Judgment by Treasury Department, filed. Motion Docket Date 7/18/2019. (Attachments: # 1 Exhibit 1 - Levitan Decl., # 2 Vaughn Index, # 3 Exhibit to Levitan Decl., # 4 Proposed Order)(Rodriguez, Jimmy) (Entered: 06/27/2019)
2019-07-028JOINT DISCOVERY/CASE MANAGEMENT PLAN by Saul Ortega, filed.(Brame, Frank) (Entered: 07/02/2019)
2019-07-039Unopposed MOTION for Extension of Time Response to Motion by Saul Ortega, David Rogers, filed. Motion Docket Date 7/24/2019. (Attachments: # 1 Proposed Order)(Brame, Frank) (Entered: 07/03/2019)
2019-07-0310ORDER granting 9 Unopposed MOTION for Extension of Time Response to Motion ; Response to 7 MOTION for Summary Judgment due by 8/7/2019. (Signed by Judge Sim Lake) Parties notified.(gclair, 4) (Entered: 07/03/2019)
2019-07-0311ORDER REFERRING CASE to Magistrate Magistrate Judge Nancy K Johnson. Initial Conference set for 7/12/2019 at 03:00 PM in Courtroom 9B is cancelled. (Signed by Judge Sim Lake) (Attachments: # 1 Consent to Proceed Before US Magistrate Judge Nancy K Johnson) Parties notified.(gclair, 4) (Entered: 07/03/2019)
2019-08-0712RESPONSE to 7 MOTION for Summary Judgment filed by Saul Ortega, David Rogers. (Attachments: # 1 Proposed Order Proposed Order, # 2 Exhibit Exhibit A)(Brame, Frank) (Entered: 08/07/2019)
2019-08-1413REPLY in Support of 7 MOTION for Summary Judgment , filed by Treasury Department. (Rodriguez, Jimmy) (Entered: 08/14/2019)
2019-11-2114ORDER: Accordingly, Defendant is hereby ORDERED to produce unredacted copies of the October Memorandum and Attachment One for an in camera review within two weeks of this order. (Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4) (Entered: 11/21/2019)
2019-12-2015MEMORANDUM AND RECOMMENDATION re 7 MOTION for Summary Judgment 12 Motion for Summary Judgment Objections to M&R due by 1/3/2020(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4) (Entered: 12/20/2019)
2020-01-0216OBJECTIONS to 15 Memorandum and Recommendations, filed by Saul Ortega, David Rogers. (Brame, Frank) (Entered: 01/02/2020)
2020-01-1617RESPONSE to 16 Objections to Memorandum and Recommendations , filed by Treasury Department. (Rodriguez, Jimmy) (Entered: 01/16/2020)
2020-01-1718ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 15 Memorandum and Recommendations, granting 7 MOTION for Summary Judgment , denying 12 Motion for Summary Judgment (Signed by Judge Sim Lake) Parties notified. (aboyd, 4) (Entered: 01/17/2020)
2020-01-1719FINAL JUDGMENT. Case terminated on 1/17/2020. (Signed by Judge Sim Lake) Parties notified. (aboyd, 4) (Entered: 01/17/2020)
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by FOIA Project Staff
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