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Case TitleReyes v. Bureau of Indian Affairs Southern California Agency
DistrictSouthern District of California
CitySan Diego
Case Number3:2017cv01196
Date Filed2017-06-13
Date Closed2019-05-21
JudgeJudge John A. Houston
PlaintiffEmilio Reyes
Case DescriptionEmilio Reyes submitted a FOIA request to the Bureau of Indian Affairs, Southern California Agency for records concerning probate of several named Mesa Grande and San Pasqual descendants. The agency withheld nine documents in full and 23 documents in part. Reyes then filed suit.
Complaint issues: Litigation - Vaughn index

DefendantBureau of Indian Affairs Southern California Agency
DefendantUnited States Department of the Interior; Office of the Solicitor
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-06-131COMPLAINT against Bureau of Indian Affairs Southern California Agency, IFP Filed, filed by Emilio Reyes. (Attachments: # 1 Civil Cover Sheet) The new case number is 3:17-cv-1196-AJB-JMA. Judge Anthony J. Battaglia and Magistrate Judge Jan M. Adler are assigned to the case.(jjg) (Main Document 1 replaced on 6/21/2017) (sjt). (sjt). (Entered: 06/13/2017)
2017-06-132MOTION for Leave to Proceed in forma pauperis by Emilio Reyes. (jjg) (Entered: 06/13/2017)
2017-07-173NOTICE OF RELATED CASE(S) by Bureau of Indian Affairs Southern California Agency of case(s) 17cv1187; 17cv1188; 17cv1189; 17cv1190; 17cv1191; 17cv1192; 17cv1193; 17cv1194; 17cv1195; 17cv1196; 17cv1197; 17cv1417; 17cv1418; 17cv1419; 17cv1420 . (Attachments: # 1 Proof of Service)(Church, Rebecca)(acc). (Entered: 07/17/2017)
2017-07-244ORDER granting 2 Motion for Leave to Proceed in forma pauperis. US Marshal shall effect service of complaint. Signed by Judge Anthony J. Battaglia on 7/24/2017. (All non-registered users served via U.S. Mail Service) (Certified Copy to USM) (acc) (Entered: 07/25/2017)
2017-07-255Summons 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 IFP Letter)(acc) (Entered: 07/25/2017)
2017-08-016SUMMONS Returned Executed by Emilio Reyes. Bureau of Indian Affairs Southern California Agency served. (acc) (Entered: 08/01/2017)
2017-08-087SUMMONS Returned Executed by Emilio Reyes. Bureau of Indian Affairs Southern California Agency served. (acc) (Main Document 7 replaced on 8/9/2017) (acc). (Entered: 08/09/2017)
2017-08-168SUMMONS Returned Executed by Emilio Reyes. Office of the Attorney General - Department of Justice served. (mxn) (Entered: 08/17/2017)
2017-08-229ORDER 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 Anthony J. Battaglia, Magistrate Judge Jan M. Adler no longer assigned to case. Create association to 3:17-cv-01190-JAH-RBB. The new case number is 17-cv-1196-JAH-RBB. Signed by Judge Anthony J. Battaglia on 8/22/2017. Signed by Judge John Houston on 8/18/2017.(All non-registered users served via U.S. Mail Service)(acc) (Entered: 08/23/2017)
2017-08-3010ANSWER to 1 Complaint, by Bureau of Indian Affairs Southern California Agency. (Attachments: # 1 Proof of Service)(Parker, Katherine)Attorney Katherine Lind Parker added to party Bureau of Indian Affairs Southern California Agency(pty:dft) (jpp). (Entered: 08/30/2017)
2017-09-0711NOTICE AND ORDER for Early Neutral Evaluation Conference. Early Neutral Evaluation set for 9/20/2017 01:30 PM before Magistrate Judge Ruben B. Brooks. Signed by Magistrate Judge Ruben B. Brooks on 9/07/2017.(All non-registered users served via U.S. Mail Service)(jpp) (Entered: 09/07/2017)
2017-09-1212FIRST AMENDED COMPLAINT against Bureau of Indian Affairs Southern California Agency, filed by Emilio Reyes. (Attachments: # 1 Proof of Service)New Summons Requested. (acc) (Entered: 09/12/2017)
2017-09-1313Summons Issued re 12 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 IFP Letter)(acc) (Entered: 09/13/2017)
2017-09-2114Minute Order for proceedings held before Magistrate Judge Ruben B. Brooks:Early Neutral Evaluation Conference and Case Management Conference held on 9/21/2017. A settlement conference is set for December 19, 2017, at 2:00 p.m. The parties shall submit a joint settlement status report by December 12, 2017.Signed by Magistrate Judge Ruben B. Brooks on 9/21/2017. (All non-registered users served via U.S. Mail Service)(jpp) (Entered: 09/21/2017)
2017-09-2115SCHEDULING ORDER regulating discovery and other pretrial proceedings. A Settlement Conference shall be conducted on 12/19/2017, at 2:00 p.m. before Judge Ruben B. Brooks, Courtroom 2C. Proposed Pretrial Order due by 2/25/2019. Final Pretrial Conference set for 3/4/2019 02:30 PM in Courtroom 13B before Judge John A. Houston. Signed by Magistrate Judge Ruben B. Brooks on 9/21/2017.(All non-registered users served via U.S. Mail Service)(jpp) (Entered: 09/21/2017)
2017-10-0416SUMMONS Returned Executed by Emilio Reyes. U.S. Attorney San Diego served. (jpp) (Entered: 10/04/2017)
2017-10-0517CERTIFICATE OF SERVICE (USM Form 285), by Emilio Reyes. Department of Justice served summons and complaint 9/27/2017. (jpp) (Entered: 10/11/2017)
2017-10-0518SUMMONS Returned Executed (USM Form 285) by Emilio Reyes. Bureau of Indian Affairs Southern California Agency served 9/25/2017. (jpp) (Entered: 10/11/2017)
2017-10-2319ANSWER to 12 Amended Complaint by United States Department of the Interior; Office of the Solicitor, Bureau of Indian Affairs Southern California Agency. (Attachments: # 1 Proof of Service)(Parker, Katherine)Attorney Katherine Lind Parker added to party United States Department of the Interior; Office of the Solicitor(pty:dft) (jpp). (Entered: 10/23/2017)
2017-11-0620Notice 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: Fed. R. Civ. P. 15(a)(2) - Post-Answer amendment requires leave of court., Rejected document was returned to the filer. Signed by Judge John A. Houston on 11/02/2017.(All non-registered users served via U.S. Mail Service)(jpp) (Additional attachment(s) added on 11/7/2017: # 1 rejected document) (jpp). (Entered: 11/07/2017)
2017-12-2021Minute Order for proceedings held before Magistrate Judge Ruben B. Brooks:Settlement Conference held on 12/20/2017. Settlement Conference set for 2/7/2018 01:30 PM before Magistrate Judge Ruben B. Brooks. Signed by Magistrate Judge Ruben B. Brooks on 12/20/2017. (All non-registered users served via U.S. Mail Service)(jpp) (Entered: 12/20/2017)
2018-02-0122SUMMONS Returned Executed (USM Form 285) by Emilio Reyes. United States Department of the Interior; Office of the Solicitor served. (jpp) (Entered: 02/05/2018)
2018-02-0723Minute Order for proceedings held before Magistrate Judge Ruben B. Brooks. Settlement Conference held on 2/7/2018. Settlement Conference set for 5/16/2018 at 1:30pm. Signed by Magistrate Judge Ruben B. Brooks on 2/07/2018. (All non-registered users served via U.S. Mail Service)(jpp) (Entered: 02/08/2018)
2018-03-1924Joint MOTION to Amend/Correct the Scheduling Order by Bureau of Indian Affairs Southern California Agency, United States Department of the Interior; Office of the Solicitor. (Attachments: # 1 Proof of Service)(Church, Rebecca)Attorney Rebecca Grace Church added to party Bureau of Indian Affairs Southern California Agency(pty:dft), Attorney Rebecca Grace Church added to party United States Department of the Interior; Office of the Solicitor(pty:dft) (jpp). (Entered: 03/19/2018)
2018-03-2225ORDER granting 24 Joint Motion to Amend the Scheduling Order (ECF 39 ) and issuing an Amended Scheduling Order regulating Discovery and other pre-trial proceedings. Settlement Conference set for 6/27/2018 01:30 PM in Courtroom 2C before Magistrate Judge Ruben B. Brooks. Proposed Pretrial Order due by 6/17/2019. Final Pretrial Conference set for 6/24/2019 02:30 PM in Courtroom 13B before Judge John A. Houston. Signed by Magistrate Judge Ruben B. Brooks on 3/22/2018. (All non-registered users served via U.S. Mail Service)(jpp) (Entered: 03/22/2018)
2018-06-2026MINUTE ORDER - Due to a conflict on the Courts calendar, the settlement conference scheduled for June 27, 2018, at 1:30 p.m. is reset to July 10, 2018, at 10:00am. All other guidelines and requirements remain in effect.Signed by Magistrate Judge Ruben B. Brooks on 6/20/2018.(All non-registered users served via U.S. Mail Service)(jpp) (Entered: 06/20/2018)
2018-07-1127MINUTE ORDER: A settlement conference was held. A settlement conference is set for 1/15/2019 at 2:00 p.m. before Magistrate Judge Ruben B. Brooks. The parties shall submit a joint settlement status report by 1/8/2019. Signed by Magistrate Judge Ruben B. Brooks on 7/10/2018. (All non-registered users served via U.S. Mail Service)(mpl) (Entered: 07/11/2018)
2019-01-0328MOTION to Stay During Lapse in Federal Appropriations by United States Department of the Interior; Office of the Solicitor. (Attachments: # 1 Proof of Service)(Norris, Brett)Attorney Brett Norris added to party United States Department of the Interior; Office of the Solicitor(pty:dft) (dlg). (Entered: 01/03/2019)
2019-01-0429ORDER granting 28 Motion to Stay During Lapse in Federal Appropriations. Signed by Judge John A. Houston on 1/3/19. (All non-registered users served via U.S. Mail Service)(dlg) (Entered: 01/04/2019)
2019-01-0830MINUTE ORDER - In light of the stay in effect in these matters due to the lapse in federal appropriations, the Court continues the settlement conference set for January 15, 2018 to February 26, 2019, at 2:00 p.m. The parties shall submit ajoint settlement status report by February 19, 2019. As the date of the settlement conference approaches, the Court will reevaluate whether a further continuance is required if Congress has not yet appropriated funds by that time.Signed by Magistrate Judge Ruben B. Brooks on 1/08/2019.(All non-registered users served via U.S. Mail Service)(jpp) (Entered: 01/08/2019)
2019-02-0131Joint MOTION to Amend/Correct 30 Order,,, Set Hearings,,, Terminate Hearings,, 25 Order on Motion to Amend/Correct,, Regarding Lift of Stay by Bureau of Indian Affairs Southern California Agency, United States Department of the Interior; Office of the Solicitor. (Attachments: # 1 Proof of Service)(Church, Rebecca) (jpp). (Entered: 02/01/2019)
2019-02-0532MINUTE ORDER - The joint motion is GRANTED. The settlement conference set for February 26, 2019 is continued to March 19, 2019, at 2:00 p.m. The parties shall submit a joint settlement status report by March 12, 2019. Additionally, the pretrial conference set for June 24, 2019, at 2:30 p.m. before the Honorable John A. Houston is vacated. The pretrial conference will be reset after the resolution of pretrial motions. Signed by Magistrate Judge Ruben B. Brooks on 2/05/2019. (All non-registered users served via U.S. Mail Service)(jpp) (Entered: 02/05/2019)
2019-02-0633MINUTE ORDER - The parties joint request to continue the deadline to file pretrial motions, set forth in their joint motion regarding lift of stay and request to amend the scheduling order [ECF No. 48], is GRANTED. The deadline tofile pretrial motions is continued from February 25, 2019, to April 23, 2019.. Signed by Magistrate Judge Ruben B. Brooks on 2/06/2019.(All non-registered users served via U.S. Mail Service)(jpp) (Entered: 02/06/2019)
2019-03-2034Minute Order for proceedings held before Magistrate Judge Ruben B. Brooks:Settlement 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)
2019-04-2335MOTION for Summary Judgment on FOIA Complaint by Bureau of Indian Affairs Southern California Agency, United States Department of the Interior; Office of the Solicitor. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration Howard, # 3 Declaration Moore, # 4 Proof of Service)(Church, Rebecca) (jpp). (Entered: 04/23/2019)
2019-05-1336Notice of Document Discrepancies and Order Thereon by Judge John A. Houston Accepting Document: Ex Parte Application for Order Permitting Plaintiffs Late Filing on Response to Defendants Notice of Motion and Motion and Motion for Summary Judgment on FOIA Complaint, from Plaintiff Emilio Reyes. Non-compliance with local rule(s), Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document. Nunc Pro Tunc 5/13/2019. Signed by Judge John A. Houston on 5/13/2019.(All non-registered users served via U.S. Mail Service)(jpp) (Entered: 05/14/2019)
2019-05-1337Ex Parte Application for Order Permitting Plaintiffs Late Filing onResponse to Defendants Notice of Motion and Motion and Motion for Summary Judgment on FOIA Complaint, by Emilio Reyes. NUNC PRO TUNC 5/13/2019 (jpp) (Entered: 05/14/2019)
2019-05-2138Joint MOTION to Dismiss by Bureau of Indian Affairs Southern California Agency, United States Department of the Interior; Office of the Solicitor. (Attachments: # 1 Proof of Service)(Church, Rebecca) (jpp). (Entered: 05/21/2019)
2019-05-2139ORDER granting 38 Joint Motion to Dismiss case without prejudice. Signed by Judge John A. Houston on 5/21/2019. (All non-registered users served via U.S. Mail Service)(jpp) (Entered: 05/21/2019)
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