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Case TitleMURDER ACCOUNTABILITY PROJECT v. U.S. DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv02478
Date Filed2019-08-15
Date ClosedOpen
JudgeJudge Amy Berman Jackson
PlaintiffMURDER ACCOUNTABILITY PROJECT a Virginia non-profit organization
Case DescriptionThe Murder Accountability Project submitted six FOIA requests to the Department of Justice, the Department of Defense, and the Department of the Interior for data concerning the murder rate for Native Americans. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, MAP filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF JUSTICE
DefendantU.S. DEPARTMENT OF JUSTICE
TERMINATED: 06/30/2021
DefendantFEDERAL BUREAU OF INVESTIGATION
935 Pennsylvania Ave., NW
Washington, DC 20535
DefendantFEDERAL BUREAU OF INVESTIGATION
DefendantFEDERAL BUREAU OF INVESTIGATION
TERMINATED: 06/30/2021
DefendantU.S. DEPARTMENT OF DEFENSE
DefendantU.S. DEPARTMENT OF THE INTERIOR
DefendantNATIONAL PARK SERVICE
DefendantNATIONAL PARK SERVICE
TERMINATED: 06/30/2021
DefendantBUREAU OF INDIAN AFFAIRS
DefendantU.S. NAVY
DefendantU.S. ARMY
DefendantU.S. AIR FORCE
DefendantDEFENSE MANPOWER DATA CENTER
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
Complaint attachment 16
Complaint attachment 17
Complaint attachment 18
Complaint attachment 19
Complaint attachment 20
Opinion/Order [52]
FOIA Project Annotation: Judge Amy Berman Jackson has ruled that while the FBI has shown that the Murder Accountability Project failed to exhaust its administrative remedies in regard to its request for records on the agency's implementation of the Uniform Crime Reporting Act of 1988, its multiple requests to other law enforcement agencies for similar records are still unresolved. MAP uses government database information to identify previously unrecognized serial homicides. Besides the FBI, MAP requested data from the National Park Service, the Bureau of Indian Affairs, and the Defense Department. Along with its FOIA request to the FBI, MAP also sent a letter to FBI Director Christopher Wray, asking for his assistance in securing the homicide data. The FBI treated the letter to Wray as a second FOIA request. The agency provided MAP with two CDs of data it contended was responsive to the requests. MAP did not file an administrative appeal but included the FBI in its FOIA suit against the all the agencies. Berman Jackson agreed that MAP had not exhausted its administrative remedies. She noted that "plaintiff never addressed the fundamental principle underlying the FBI's denial, that is, whether FOIA requires an agency to compile or create new records, and it chose not to file a timely appeal to air its concerns and generate a record in the manner contemplated by the statute. Under the circumstances, dismissal for failure to exhaust is appropriate." NPS responded to MAP's request asking for data that the agency failed to report under the UFCRA. The agency responded with a two-page table covering the years 1995-2014 and told MAP that more recent data would be contained in DOI's database maintained by the Office of Law Enforcement and Security. NPS argued that MAP had failed to exhaust its administrative remedies by failing to file an administrative appeal. But Berman Jackson indicated that "here, because defendant NPS processed the request, and the agency has already addressed the adequacy of its response on the merits, it appears that there would be little additional benefit to be derived from further consideration of the matter by the agency. Therefore, the Court will not dismiss the claim on exhaustion grounds." She then found that NPS had conducted an adequate search. She pointed out that "in light of the agency's detailed declarations regarding its efforts to comply with plaintiff's specific request, the Court finds that NPS conducted a reasonable and adequate search. . ." The Bureau of Indian Affairs responded by disclosing 14,950 individual records without redaction in their original digital format. The records only covered the period from 2014-2019. Since BIA provided no supporting argument as to why MAP had failed to exhaust its administrative remedies, Berman Jackson declined to take up the issue. Turning to the adequacy of the agency's search, she noted that "neither defendant BIA nor [its] declaration addresses why BIA did not produce any records prior to 2014. Since twenty-five years' worth of requested data is not accounted for, or even discussed, one cannot conclude without more from the agency that the search was adequate." The DOD decided that responsive records would be contained in the Defense Incident-Based Reporting System. In response to MAP's requests for service-related incidents, DOD disclosed records from the DIBRS database from each military component. MAP argued that the search was inadequate because no homicide data was released for the first twelve years. Berman Jackson pointed out that "the military defendants struggle to articulate a reason for this deficiency." She added that "the need to search the DMDC DIBRS database in addition is clear, but the military defendants do not explain why that was sufficient on its own. The military defendants emphasize that they did not use search terms to limit responsive data, but that does not go to the question of which databases were searched." Berman Jackson approved DOD's use of Exemption 6 (invasion of privacy) to withhold offenders names, social security numbers, and alien registration numbers, observing that "furthermore, plaintiff is not interested in receiving this information."
Issues: Litigation - Jurisdiction - Failure to Exhaust
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-08-151COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-6325743) filed by MURDER ACCOUNTABILITY PROJECT. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Summons Dept. of Justice, # 10 Summons FBI, # 11 Summons Dept. of Defense, # 12 Summons Dept. of Interior, # 13 Summons National Park Service, # 14 Summons Bureau of Indian Affairs, # 15 Summons U.S. Navy, # 16 Summons U.S. Army, # 17 Summons U.S. Air Force, # 18 Summons Defense Manpower Data Center, # 19 Summons U.S. Attorney General, # 20 Summons U.S. Attorney for D.C.)(London, Ronald) (Entered: 08/15/2019)
2019-08-152LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by MURDER ACCOUNTABILITY PROJECT (London, Ronald) (Entered: 08/15/2019)
2019-08-20Case Assigned to Judge Amy Berman Jackson. (zef, ) (Entered: 08/20/2019)
2019-08-203SUMMONS (12) Issued Electronically as to BUREAU OF INDIAN AFFAIRS, DEFENSE MANPOWER DATA CENTER, FEDERAL BUREAU OF INVESTIGATION, NATIONAL PARK SERVICE, U.S. AIR FORCE, U.S. ARMY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF THE INTERIOR, U.S. NAVY, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 08/20/2019)
2019-08-214MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Thomas R. Burke, :Firm- Davis Wright Tremaine, LLP, :Address- 505 Montgomery Street, Suite 800, San Francisco, CA 94111. Phone No. - 415-276-6500. Fax No. - 415-276-6599 Filing fee $ 100, receipt number 0090-6334602. Fee Status: Fee Paid. by MURDER ACCOUNTABILITY PROJECT (Attachments: # 1 Declaration of Thomas R. Burke, # 2 Text of Proposed Order)(London, Ronald) (Entered: 08/21/2019)
2019-08-22MINUTE ORDER granting 4 Motion for Leave of Thomas R. Burke to Appear Pro Hac Vice only upon condition that the lawyer admitted, or at least one member of the lawyer's firm, undergo CM/ECF training, obtain a CM/ECF username and password, and agree to file papers electronically. No court papers will be mailed to any lawyer. Signed by Judge Amy Berman Jackson on 8/22/19. (DMK) (Entered: 08/22/2019)
2019-08-225NOTICE of Appearance by Thomas R. Burke on behalf of MURDER ACCOUNTABILITY PROJECT (Burke, Thomas) (Entered: 08/22/2019)
2019-08-276RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/22/2019. Answer due for ALL FEDERAL DEFENDANTS by 9/21/2019. (London, Ronald) (Entered: 08/27/2019)
2019-08-277RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEFENSE MANPOWER DATA CENTER served on 8/22/2019 (London, Ronald) (Entered: 08/27/2019)
2019-08-278RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF DEFENSE served on 8/22/2019 (London, Ronald) (Entered: 08/27/2019)
2019-08-279RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BUREAU OF INDIAN AFFAIRS served on 8/22/2019 (London, Ronald) (Entered: 08/27/2019)
2019-08-2710RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF THE INTERIOR served on 8/22/2019 (London, Ronald) (Entered: 08/27/2019)
2019-08-2711RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL PARK SERVICE served on 8/22/2019 (London, Ronald) (Entered: 08/27/2019)
2019-08-2712RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. NAVY served on 8/22/2019 (London, Ronald) (Entered: 08/27/2019)
2019-08-2813RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/15/2019. (London, Ronald) (Entered: 08/28/2019)
2019-08-2914RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 8/22/2019 (London, Ronald) (Entered: 08/29/2019)
2019-08-3015RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. ARMY served on 8/27/2019 (London, Ronald) (Entered: 08/30/2019)
2019-09-1816NOTICE of Appearance by Alan R. Burch on behalf of All Defendants (Burch, Alan) (Entered: 09/18/2019)
2019-09-1917Consent MOTION for Extension of Time to File Answer re 1 Complaint,, by BUREAU OF INDIAN AFFAIRS, DEFENSE MANPOWER DATA CENTER, FEDERAL BUREAU OF INVESTIGATION, NATIONAL PARK SERVICE, U.S. AIR FORCE, U.S. ARMY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF THE INTERIOR, U.S. NAVY (Attachments: # 1 Text of Proposed Order)(Burch, Alan) (Entered: 09/19/2019)
2019-09-24MINUTE ORDER granting 17 Consent Motion for Extension of Time to Answer. Defendants must file an answer or other response to the complaint by October 23, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 09/24/2019. (lcabj3) (Entered: 09/24/2019)
2019-10-2318ANSWER to Complaint by FEDERAL BUREAU OF INVESTIGATION, NATIONAL PARK SERVICE, U.S. AIR FORCE, U.S. ARMY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF THE INTERIOR, U.S. NAVY.(Burch, Alan) (Entered: 10/23/2019)
2019-10-23MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendants shall file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of their production of documents to plaintiff, on or before November 20, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/23/2019. (lcabj3) (Entered: 10/23/2019)
2019-10-24Set/Reset Deadlines: Defendants shall file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of their production of documents to plaintiff, by 11/20/2019. (jth) (Entered: 10/24/2019)
2019-11-2019STATUS REPORT by BUREAU OF INDIAN AFFAIRS, DEFENSE MANPOWER DATA CENTER, FEDERAL BUREAU OF INVESTIGATION, NATIONAL PARK SERVICE, U.S. AIR FORCE, U.S. ARMY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF THE INTERIOR, U.S. NAVY. (Burch, Alan) (Entered: 11/20/2019)
2019-11-21MINUTE ORDER. In light of 19 defendants' report, defendants shall file a status report with the Court by December 20, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 11/21/2019. (lcabj3) (Entered: 11/21/2019)
2019-11-21Set/Reset Deadlines: Status Report due by 12/20/2019. (ztg) (Entered: 11/21/2019)
2019-12-2020STATUS REPORT by BUREAU OF INDIAN AFFAIRS, DEFENSE MANPOWER DATA CENTER, FEDERAL BUREAU OF INVESTIGATION, NATIONAL PARK SERVICE, U.S. AIR FORCE, U.S. ARMY, U.S. DEPARTMENT OF DEFENSE. (Burch, Alan) (Entered: 12/20/2019)
2019-12-27MINUTE ORDER. In light of defendants' 20 status report, defendants must submit another status report by January 20, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/27/2019. (lcabj3) (Entered: 12/27/2019)
2020-01-2121Joint STATUS REPORT by BUREAU OF INDIAN AFFAIRS, NATIONAL PARK SERVICE, U.S. AIR FORCE, U.S. ARMY, U.S. DEPARTMENT OF DEFENSE. (Burch, Alan) (Entered: 01/21/2020)
2020-01-22MINUTE ORDER. In light of defendants' 21 status report, the parties must submit another status report by February 20, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/22/2020. (lcabj3) (Entered: 01/22/2020)
2020-02-2022STATUS REPORT by BUREAU OF INDIAN AFFAIRS, DEFENSE MANPOWER DATA CENTER, FEDERAL BUREAU OF INVESTIGATION, NATIONAL PARK SERVICE, U.S. AIR FORCE, U.S. ARMY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF THE INTERIOR, U.S. NAVY. (Burch, Alan) (Entered: 02/20/2020)
2020-02-26MINUTE ORDER. In light of defendants' 22 status report, defendants must file another status report by March 25, 2020. SO ORDERED Status Report due by 3/25/2020. Signed by Judge Amy Berman Jackson on 2/26/2020. (lcabj3) (Entered: 02/26/2020)
2020-03-2523STATUS REPORT by BUREAU OF INDIAN AFFAIRS, DEFENSE MANPOWER DATA CENTER, FEDERAL BUREAU OF INVESTIGATION, NATIONAL PARK SERVICE, U.S. AIR FORCE, U.S. ARMY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF THE INTERIOR, U.S. NAVY. (Burch, Alan) (Entered: 03/25/2020)
2020-03-26MINUTE ORDER. In light of defendants' 23 status report, defendants must submit another status report by April 27, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/26/2020. (lcabj3) (Entered: 03/26/2020)
2020-04-2724Consent MOTION for Extension of Time to File Status Report by BUREAU OF INDIAN AFFAIRS, DEFENSE MANPOWER DATA CENTER, FEDERAL BUREAU OF INVESTIGATION, NATIONAL PARK SERVICE, U.S. AIR FORCE, U.S. ARMY, U.S. DEPARTMENT OF DEFENSE (Burch, Alan) (Entered: 04/27/2020)
2020-04-29MINUTE ORDER granting 24 Consent Motion for Extension of Time to File. Defendants must file a status report by May 4, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/29/2020. (lcabj3) (Entered: 04/29/2020)
2020-05-0425STATUS REPORT by BUREAU OF INDIAN AFFAIRS, DEFENSE MANPOWER DATA CENTER, FEDERAL BUREAU OF INVESTIGATION, NATIONAL PARK SERVICE, U.S. AIR FORCE, U.S. ARMY, U.S. DEPARTMENT OF DEFENSE. (Burch, Alan) (Entered: 05/04/2020)
2020-05-06MINUTE ORDER. In light of defendants' 25 status report, the parties must submit a joint status report by June 5, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/6/2020. (lcabj3) (Entered: 05/06/2020)
2020-06-0526Joint STATUS REPORT by BUREAU OF INDIAN AFFAIRS, DEFENSE MANPOWER DATA CENTER, FEDERAL BUREAU OF INVESTIGATION, NATIONAL PARK SERVICE, U.S. AIR FORCE, U.S. ARMY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF THE INTERIOR, U.S. NAVY. (Burch, Alan) (Entered: 06/05/2020)
2020-06-09MINUTE ORDER. In light of the parties' 26 joint status report, the parties must submit another status report by June 19, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/9/2020. (lcabj3) (Entered: 06/09/2020)
2020-06-1927Joint STATUS REPORT by BUREAU OF INDIAN AFFAIRS, DEFENSE MANPOWER DATA CENTER, FEDERAL BUREAU OF INVESTIGATION, NATIONAL PARK SERVICE, U.S. AIR FORCE, U.S. ARMY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF THE INTERIOR, U.S. NAVY. (Burch, Alan) (Entered: 06/19/2020)
2020-06-22MINUTE ORDER. In light of the parties' 27 joint status report, defendants' motion for summary judgment must be submitted by August 6, 2020; plaintiff's opposition and cross-motion must be submitted by September 21, 2020; defendants' reply and cross-opposition must be submitted by October 21, 2020; and plaintiff's reply must be submitted by November 10, 2020. Because this a FOIA case, the parties may dispense with the docketing of the statement of facts described in Local Civil Rule 7(h). SO ORDERED. Signed by Judge Amy Berman Jackson on 6/22/2020. (lcabj3) (Entered: 06/22/2020)
2020-08-0628MOTION for Summary Judgment by BUREAU OF INDIAN AFFAIRS, DEFENSE MANPOWER DATA CENTER, FEDERAL BUREAU OF INVESTIGATION, NATIONAL PARK SERVICE, U.S. AIR FORCE, U.S. ARMY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF THE INTERIOR, U.S. NAVY (Attachments: # 1 Declaration of Mark Herrington, # 2 Declaration of Barry Cossey, # 3 Declaration of Michael Seidel, # 4 Declaration of Charis Wilson)(Burch, Alan) (Entered: 08/06/2020)
2020-09-2129Memorandum in opposition to re 28 MOTION for Summary Judgment and Cross-Motion filed by MURDER ACCOUNTABILITY PROJECT. (Attachments: # 1 Memorandum in Support Opp and Cross Mot Points and Authorities, # 2 Declaration Hargrove Declaration, # 3 Exhibit Hargrove Exh. A, # 4 Exhibit Hargrove Exh. B, # 5 Exhibit Hargrove Exh. C, # 6 Exhibit Hargrove Exh. D, # 7 Exhibit Hargrove Exh. E, # 8 Exhibit Hargrove Exh. F, # 9 Exhibit Hargrove Exh. G, # 10 Exhibit Hargrove Exh. H Part 1, # 11 Exhibit Hargrove Exh. H Part 2, # 12 Exhibit Hargrove Exh. I, # 13 Declaration Wright Declaration, # 14 Exhibit Wright Exh. A, # 15 Declaration London Declaration, # 16 Exhibit London Exh. A, # 17 Certificate of Service Certificate of Service)(London, Ronald) (Entered: 09/21/2020)
2020-09-2230Cross MOTION for Summary Judgment by MURDER ACCOUNTABILITY PROJECT (Attachments: # 1 Memorandum in Support Opp and Cross Mot Points and Authorities, # 2 Declaration Hargrove Declaration, # 3 Exhibit Hargrove Exh. A, # 4 Exhibit Hargrove Exh. B, # 5 Exhibit Hargrove Exh. C, # 6 Exhibit Hargrove Exh. D, # 7 Exhibit Hargrove Exh. E, # 8 Exhibit Hargrove Exh. F, # 9 Exhibit Hargrove Exh. G, # 10 Exhibit Hargrove Exh. H Part 1, # 11 Exhibit Hargrove Exh. H Part 2, # 12 Exhibit Hargrove Exh. I, # 13 Declaration Wright Declaration, # 14 Exhibit Wright Exh. A, # 15 Declaration London Declaration, # 16 Exhibit London Exh. A, # 17 Certificate of Service Certificate of Service)(London, Ronald) (Entered: 09/22/2020)
2020-09-3031NOTICE OF SUBSTITUTION OF COUNSEL by Brian J. Field on behalf of All Defendants Substituting for attorney Alan Burch (Field, Brian) (Entered: 09/30/2020)
2020-10-1932Unopposed MOTION for Extension of Time to file reply and cross-opposition by BUREAU OF INDIAN AFFAIRS, DEFENSE MANPOWER DATA CENTER, FEDERAL BUREAU OF INVESTIGATION, NATIONAL PARK SERVICE, U.S. AIR FORCE, U.S. ARMY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF THE INTERIOR, U.S. NAVY (Field, Brian) (Entered: 10/19/2020)
2020-10-21MINUTE ORDER granting 32 defendants' unopposed motion for extension of time. Defendants must file any reply/cross-opposition by November 18, 2020. Plaintiff must file any cross-reply by December 15, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/21/2020. (lcabj2) (Entered: 10/21/2020)
2020-10-22Set/Reset Deadlines: Defendants Reply/Cross-Opposition is due by 11/18/2020; Plaintiff must file any cross-reply by 12/15/2020. (jth) (Entered: 10/22/2020)
2020-11-1633Consent MOTION for Extension of Time to file reply and cross-opposition by BUREAU OF INDIAN AFFAIRS, DEFENSE MANPOWER DATA CENTER, FEDERAL BUREAU OF INVESTIGATION, NATIONAL PARK SERVICE, U.S. AIR FORCE, U.S. ARMY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF THE INTERIOR, U.S. NAVY (Field, Brian) (Entered: 11/16/2020)
2020-11-16MINUTE ORDER granting defendants' 33 unopposed motion for extension of time. The Court ORDERS that the defendants must file any reply/cross-opposition by November 24, 2020, and plaintiff must file any cross-reply by December 21, 2020. Signed by Judge Amy Berman Jackson on 11/16/20. (lcabj2) (Entered: 11/16/2020)
2020-11-1834ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF THE INTERIOR served on 11/13/2020 (London, Ronald) Modified on 11/19/2020 (zeg). (Entered: 11/18/2020)
2020-11-1835ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BUREAU OF INDIAN AFFAIRS served on 11/13/2020 (London, Ronald) Modified on 11/19/2020 (zeg). (Entered: 11/18/2020)
2020-11-1836ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL PARK SERVICE served on 11/13/2020 (London, Ronald) Modified on 11/19/2020 (zeg). (Entered: 11/18/2020)
2020-11-1837ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 11/9/2020 (London, Ronald) Modified on 11/19/2020 (zeg). (Entered: 11/18/2020)
2020-11-1838ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 11/9/2020 (London, Ronald) Modified on 11/19/2020 (zeg). (Entered: 11/18/2020)
2020-11-19NOTICE OF CORRECTED DOCKET ENTRY: re 37 Summons Returned Executed as to Federal Defendant, 35 Summons Returned Executed as to Federal Defendant, 38 Summons Returned Executed as to Federal Defendant, 34 Summons Returned Executed as to Federal Defendant, 36 Summons Returned Executed as to Federal Defendant was entered in error per counsel request. Filed in wrong case. (zeg) (Entered: 11/19/2020)
2020-11-2439REPLY to opposition to motion re 28 MOTION for Summary Judgment filed by BUREAU OF INDIAN AFFAIRS, DEFENSE MANPOWER DATA CENTER, FEDERAL BUREAU OF INVESTIGATION, NATIONAL PARK SERVICE, U.S. AIR FORCE, U.S. ARMY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF THE INTERIOR, U.S. NAVY. (Attachments: # 1 Exhibit A (Supp. Wilson Decl.), # 2 Exhibit B (Supp. Cossey Decl.), # 3 Text of Proposed Order)(Field, Brian) (Entered: 11/24/2020)
2020-11-2440Memorandum in opposition to re 30 Cross MOTION for Summary Judgment filed by BUREAU OF INDIAN AFFAIRS, DEFENSE MANPOWER DATA CENTER, FEDERAL BUREAU OF INVESTIGATION, NATIONAL PARK SERVICE, U.S. AIR FORCE, U.S. ARMY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF THE INTERIOR, U.S. NAVY. (Attachments: # 1 Exhibit A (Supp. Wilson Decl.), # 2 Exhibit B (Supp. Cossey Decl.), # 3 Text of Proposed Order)(Field, Brian) (Entered: 11/24/2020)
2020-12-2141REPLY to opposition to motion re 30 Cross MOTION for Summary Judgment filed by MURDER ACCOUNTABILITY PROJECT. (London, Ronald) (Entered: 12/21/2020)
2021-02-0542MOTION to Consolidate Cases, MOTION for Status Hearing by MURDER ACCOUNTABILITY PROJECT. (Attachments: # 1 Text of Proposed Order)(London, Ronald). Added MOTION for Hearing on 2/5/2021 (zjf). (Entered: 02/05/2021)
2021-02-0943NOTICE of Appearance by Courtney Turco DeThomas on behalf of MURDER ACCOUNTABILITY PROJECT (DeThomas, Courtney) (Entered: 02/09/2021)
2021-02-16VACATED PURSUANT TO MINUTE ORDER FILED 02/25/21.....MINUTE ORDER. Given plaintiff's representations in the motion to consolidate 42 that it filed a new set of FOIA requests to avoid issues identified by the defendants in the motion for summary judgment 28 , and given the filing of 20-cv-3186, plaintiff must show cause by February 23, 2021, why the claims in 19-cv-2478 related to the first set of requests submitted to the FBI, BIA, and NPS should not be denied as moot. Signed by Judge Amy Berman Jackson on 2/16/21. (lcabj2) Modified on 2/25/2021 (jth). (Entered: 02/16/2021)
2021-02-1844Consent MOTION for Extension of Time to File Response/Reply as to 42 MOTION to Consolidate Cases MOTION for Hearing by BUREAU OF INDIAN AFFAIRS, DEFENSE MANPOWER DATA CENTER, FEDERAL BUREAU OF INVESTIGATION, NATIONAL PARK SERVICE, U.S. AIR FORCE, U.S. ARMY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF THE INTERIOR, U.S. NAVY. (Field, Brian) (Entered: 02/18/2021)
2021-02-1845MOTION for Extension of Time to File Response/Reply by MURDER ACCOUNTABILITY PROJECT. (London, Ronald) (Entered: 02/18/2021)
2021-02-18MINUTE ORDER granting defendants' 44 motion for extension of time. It is ORDERED that defendants' response to plaintiff's 42 motion to consolidate cases is due by February 24, 2021. Signed by Judge Amy Berman Jackson on 2/18/21. (lcabj2) (Entered: 02/18/2021)
2021-02-19MINUTE ORDER denying plaintiff's 45 motion for extension of time. Plaintiff's 45 motion for additional time for the reason it has identified will be DENIED given the concerns underlying the order to show cause. See, e.g., NetworkIP, LLC v. FCC, 548 F.3d 116, 120 (D.C. Cir. 2008), quoting Athens Cmty. Hosp., Inc. v. Schweiker, 686 F.2d 989, 992 (D.C. Cir. 1982) (Subject matter jurisdiction may not be waived, and "courts may raise the issue sua sponte."). Indeed, a federal court must raise the issue because it is "forbidden... from acting beyond [its] authority, and 'no action of the parties can confer subject-matter jurisdiction upon a federal court.'" Id., quoting Akinseye v. Dist. of Columbia, 339 F.3d 970, 971 (D.C. Cir. 2003). Signed by Judge Amy Berman Jackson on 2/19/21. (lcabj2) (Entered: 02/19/2021)
2021-02-2346RESPONSE TO ORDER TO SHOW CAUSE by MURDER ACCOUNTABILITY PROJECT filed by MURDER ACCOUNTABILITY PROJECT. (DeThomas, Courtney) (Entered: 02/23/2021)
2021-02-2447Memorandum in opposition to re 42 MOTION to Consolidate Cases MOTION for Hearing filed by BUREAU OF INDIAN AFFAIRS, DEFENSE MANPOWER DATA CENTER, FEDERAL BUREAU OF INVESTIGATION, NATIONAL PARK SERVICE, U.S. AIR FORCE, U.S. ARMY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF THE INTERIOR, U.S. NAVY. (Field, Brian) (Entered: 02/24/2021)
2021-02-25MINUTE ORDER. In light of the representations made by the plaintiff in its response 46 to the order to show cause on mootness, defendants' 47 memorandum in opposition to the motion to consolidate, and the Court's review of the record, it appears that the FOIA requests in this case and case number 20-cv-3186 are different; the requests were filed on different timetables and asked for different documents. For these reasons, it is ORDERED that the Court's February 16, 2021 Minute Order to Show Cause is VACATED. It is FURTHER ORDERED that plaintiff's 42 Motion to Consolidate and Motion for Status Hearing is DENIED. Signed by Judge Amy Berman Jackson on 2/25/21. (lcabj2) (Entered: 02/25/2021)
2021-02-2648MOTION to Withdraw as Attorney filed by MURDER ACCOUNTABILITY PROJECT. (London, Ronald) Modified even title on 3/2/2021 (znmw). (Entered: 02/26/2021)
2021-06-0149NOTICE OF SUBSTITUTION OF COUNSEL by Dedra Seibel Curteman on behalf of All Defendants Substituting for attorney Brian Field (Curteman, Dedra) (Entered: 06/01/2021)
2021-06-17MINUTE ORDER. In the Declaration (First) of Barry Cossey [Dkt. # 28-2], defendant BIA makes reference to "Exhibit 1" in paragraph 2 and "Exhibit 2" in paragraph 3, though neither exhibit is attached. Defendant BIA is therefore directed to file these two exhibits on the docket by June 24, 2021. Signed by Judge Amy Berman Jackson on 6/17/21. (lcabj2) (Entered: 06/17/2021)
2021-06-2250NOTICE of Filing Exhibits to Cosey Declaration by BUREAU OF INDIAN AFFAIRS, DEFENSE MANPOWER DATA CENTER, FEDERAL BUREAU OF INVESTIGATION, NATIONAL PARK SERVICE, U.S. AIR FORCE, U.S. ARMY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF THE INTERIOR, U.S. NAVY re Order,, Set Deadlines, (Attachments: # 1 Exhibit, # 2 Exhibit)(Curteman, Dedra) (Entered: 06/22/2021)
2021-06-3051ORDER. Pursuant to Federal Rules of Civil Procedure 56 and 58, and for the reasons stated in the accompanying Memorandum Opinion, it is hereby ORDERED that defendants' motion for summary judgment 28 is GRANTED as to defendants FBI, DOJ, and NPS, and plaintiff's cross motion 30 as to those defendants is DENIED. It is FURTHER ORDERED that defendants' motion 28 is DENIED without prejudice as to defendants BIA, DOI, Army, Navy, Air Force, DMDC, and DOD, and plaintiff's motion 30 with respect to those defendants is DENIED AS MOOT without prejudice to renewed motions after defendants' supplemental submissions. The matter is remanded to defendants BIA, DOI, Army, Navy, Air Force, DMDC, and DOD for further consideration of plaintiff's requests in accordance with the accompanying Memorandum Opinion. These defendants must file a status report informing the Court of the status of the supplemental searches by September 28, 2021. Signed by Judge Amy Berman Jackson on 6/30/21. (lcabj2) (Entered: 06/30/2021)
2021-06-3052MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 6/30/21. (lcabj2) (Entered: 06/30/2021)
2021-09-2853STATUS REPORT by BUREAU OF INDIAN AFFAIRS, DEFENSE MANPOWER DATA CENTER, U.S. AIR FORCE, U.S. ARMY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE INTERIOR, U.S. NAVY. (Curteman, Dedra) (Entered: 09/28/2021)
2021-09-30MINUTE ORDER. In light of defendants' 53 status report, it is ORDERED that defendants must submit another status report by October 28, 2021. Signed by Judge Amy Berman Jackson on 9/30/21. (lcabj2) (Entered: 09/30/2021)
2021-10-2854STATUS REPORT by BUREAU OF INDIAN AFFAIRS, DEFENSE MANPOWER DATA CENTER, U.S. AIR FORCE, U.S. ARMY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE INTERIOR, U.S. NAVY. (Curteman, Dedra) (Entered: 10/28/2021)
2021-10-28MINUTE ORDER. In light of defendants' 54 status report, defendants must submit another status report by November 29, 2021. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/28/2021. (lcabj2) (Entered: 10/28/2021)
2021-11-2955STATUS REPORT by BUREAU OF INDIAN AFFAIRS, DEFENSE MANPOWER DATA CENTER, U.S. AIR FORCE, U.S. ARMY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE INTERIOR, U.S. NAVY. (Curteman, Dedra) (Entered: 11/29/2021)
2021-11-30MINUTE ORDER. In light of defendants' 55 status report, defendants must submit another status report by January 3, 2022. SO ORDERED. Signed by Judge Amy Berman Jackson on 11/30/2021. (lcabj2) (Entered: 11/30/2021)
2022-01-0356STATUS REPORT by BUREAU OF INDIAN AFFAIRS, DEFENSE MANPOWER DATA CENTER, U.S. AIR FORCE, U.S. ARMY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE INTERIOR, U.S. NAVY. (Curteman, Dedra) (Entered: 01/03/2022)
2022-01-03MINUTE ORDER. In light of defendants' 56 status report, defendants must submit another status report by February 4, 2022. SO ORDERED. Signed by Judge Amy Berman Jackson on 01/03/2022. (lcabj2) (Entered: 01/03/2022)
2022-02-0357STATUS REPORT by BUREAU OF INDIAN AFFAIRS, DEFENSE MANPOWER DATA CENTER, U.S. AIR FORCE, U.S. ARMY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE INTERIOR, U.S. NAVY. (Curteman, Dedra) (Entered: 02/03/2022)
2022-02-04MINUTE ORDER. In light of defendants' 57 status report, defendants must submit another status report by March 4, 2022. SO ORDERED. Signed by Judge Amy Berman Jackson on 02/04/2022. (lcabj2) (Entered: 02/04/2022)
2022-03-0458STATUS REPORT by BUREAU OF INDIAN AFFAIRS, DEFENSE MANPOWER DATA CENTER, U.S. AIR FORCE, U.S. ARMY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE INTERIOR, U.S. NAVY. (Curteman, Dedra) (Entered: 03/04/2022)
2022-03-07MINUTE ORDER. In light of defendants' 58 status report, defendants must submit another status report by April 7, 2022. SO ORDERED. Signed by Judge Amy Berman Jackson on 03/07/2022. (lcabj2) (Entered: 03/07/2022)
2022-04-0759STATUS REPORT by BUREAU OF INDIAN AFFAIRS, DEFENSE MANPOWER DATA CENTER, U.S. AIR FORCE, U.S. ARMY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE INTERIOR, U.S. NAVY. (Curteman, Dedra) (Entered: 04/07/2022)
2022-04-08MINUTE ORDER. In light of defendants' 59 status report, defendants must submit another status report by May 9, 2022. SO ORDERED. Signed by Judge Amy Berman Jackson on 04/08/2022. (lcabj2) (Entered: 04/08/2022)
2022-05-0960STATUS REPORT by BUREAU OF INDIAN AFFAIRS, DEFENSE MANPOWER DATA CENTER, U.S. AIR FORCE, U.S. ARMY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE INTERIOR, U.S. NAVY. (Curteman, Dedra) (Entered: 05/09/2022)
2022-05-10MINUTE ORDER. In light of defendants' 60 status report, defendants must submit another status report by June 10, 2022. SO ORDERED. Signed by Judge Amy Berman Jackson on 05/10/2022. (lcabj2) (Entered: 05/10/2022)
2022-06-1061STATUS REPORT by BUREAU OF INDIAN AFFAIRS, DEFENSE MANPOWER DATA CENTER, U.S. AIR FORCE, U.S. ARMY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE INTERIOR, U.S. NAVY. (Curteman, Dedra) (Entered: 06/10/2022)
2022-06-14MINUTE ORDER. In light of defendants' 61 status report, defendants must submit another status report by July 11, 2022. SO ORDERED. Signed by Judge Amy Berman Jackson on 06/14/2022. (lcabj2) (Entered: 06/14/2022)
2022-07-1162STATUS REPORT by BUREAU OF INDIAN AFFAIRS, DEFENSE MANPOWER DATA CENTER, U.S. AIR FORCE, U.S. ARMY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE INTERIOR, U.S. NAVY. (Curteman, Dedra) (Entered: 07/11/2022)
2022-07-11MINUTE ORDER. In light of defendants' 62 status report, defendants must submit another status report by September 12, 2022. SO ORDERED. Signed by Judge Amy Berman Jackson on 07/11/2022. (lcabj2) (Entered: 07/11/2022)
2022-09-1263STATUS REPORT by BUREAU OF INDIAN AFFAIRS, DEFENSE MANPOWER DATA CENTER, U.S. AIR FORCE, U.S. ARMY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE INTERIOR, U.S. NAVY. (Curteman, Dedra) (Entered: 09/12/2022)
2022-09-13MINUTE ORDER. In light of defendants' 63 status report, defendants must submit another status report by November 14, 2022. SO ORDERED. Signed by Judge Amy Berman Jackson on 09/13/2022. (lcabj2) (Entered: 09/13/2022)
2022-09-30MINUTE ORDER. Notwithstanding the Court's February 25, 2021 order denying plaintiff's motion to consolidate based on the facts known to it at the time, it is now ORDERED that Murder Accountability Project v. U.S. Dep't of Justice (20-cv-3186) and Murder Accountability Project v. U.S. Dep't of Justice (19-cv-2478) are CONSOLIDATED. It is FURTHER ORDERED that the cases are stayed pending further order of the Court. The parties must file a status report by October 26, 2022 informing the Court whether the parties are requesting the assistance of a Magistrate Judge in mediating negotiations over the scope and timing of the requested document production. Signed by Judge Amy Berman Jackson on 09/30/2022. (lcabj2) (Entered: 09/30/2022)
2022-09-30Set/Reset Deadline: The parties must file a status report by 10/26/2022 informing the Court whether the parties are requesting the assistance of a Magistrate Judge in mediating negotiations over the scope and timing of the requested document production. (jth) (Entered: 09/30/2022)
2022-09-30Cases Consolidated. Case 19cv2478 has been consolidated with case 20cv3186, pursuant to Minute Order filed 9/30/2022. From this date forward, all pleadings shall be filed ONLY in the lead case, Civil Action No. 19cv2478. The parties are advised NOT to select the SPREAD TEXT option when filing in ECF, as this will result in repetitive docketing. (znmw) (Entered: 10/11/2022)
2022-10-0564Joint STATUS REPORT by MURDER ACCOUNTABILITY PROJECT. (DeThomas, Courtney) (Entered: 10/05/2022)
2022-10-0765ORDER REFERRING CASES. At the request of the parties on October 5, 2022, it is ORDERED that these consolidated matters are referred to Magistrate Judge Harvey for mediation purposes to commence on October 7, 2022 and to conclude on January 9, 2023. It is FURTHER ORDERED that the parties submit a report to this Court on the status of the mediation by January 9, 2023, and if the cases settle in whole or in part, both parties shall immediately advise the Court of the settlement by filing a stipulation. Signed by Judge Amy Berman Jackson on 10/07/2022. (lcabj2) (Entered: 10/07/2022)
2022-10-07CASE DIRECTLY REFERRED to Magistrate Judge G. Michael Harvey for mediation. Associated Cases: 1:19-cv-02478-ABJ, 1:20-cv-03186-ABJ(znmw) Modified on 11/2/2022 to correct date filed (zsl). (Entered: 10/14/2022)
2022-10-14CASE DIRECTLY REFERRED to Magistrate Judge G. Michael Harvey for mediation. Associated Cases: 1:19-cv-02478-ABJ, 1:20-cv-03186-ABJ(znmw) (Entered: 10/14/2022)
2022-10-1766MEDIATION STANDING ORDER. Signed by Magistrate Judge G. Michael Harvey on 10/17/2022. Associated Cases: 1:19-cv-02478-ABJ, 1:20-cv-03186-ABJ(lcge) (Entered: 10/17/2022)
2022-10-20Set/Reset Hearings: Settlement Conference set for 1/25/2023 at 10:00 AM in Telephonic/VTC before Magistrate Judge G. Michael Harvey. Associated Cases: 1:19-cv-02478-ABJ, 1:20-cv-03186-ABJ(lcge) (Entered: 10/20/2022)
2022-10-2067MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Monder Khoury, Filing fee $ 100, receipt number ADCDC-9614732. Fee Status: Fee Paid. by MURDER ACCOUNTABILITY PROJECT. (Attachments: # 1 Declaration of Monder Khoury, # 2 Text of Proposed Order)(DeThomas, Courtney) (Entered: 10/20/2022)
2022-10-21MINUTE ORDER granting (67) Motion for Leave of Monder Khoury to Appear Pro Hac Vice only upon condition that the lawyer admitted, or at least one member of the lawyer's firm, undergo CM/ECF training, obtain a CM/ECF username and password, and agree to file papers electronically. No court papers will be mailed to any lawyer. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions in case 1:19-cv-02478-ABJ. Signed by Judge Amy Berman Jackson on 10/21/22. Associated Cases: 1:19-cv-02478-ABJ, 1:20-cv-03186-ABJ. (DMK) (Entered: 10/21/2022)
2022-10-2868NOTICE of Appearance by Monder Khoury on behalf of MURDER ACCOUNTABILITY PROJECT (Khoury, Monder) (Entered: 10/28/2022)
2023-01-0969STATUS REPORT by MURDER ACCOUNTABILITY PROJECT. (Burke, Thomas) (Entered: 01/09/2023)
2023-01-11MINUTE ORDER. In light of the 69 joint status report, the parties must submit another joint status report by February 24, 2023. SO ORDERED. Signed by Judge Amy Berman Jackson on 01/11/2023. (lcabj2) (Entered: 01/11/2023)
2023-02-2270Joint STATUS REPORT by MURDER ACCOUNTABILITY PROJECT, MURDER ACCOUNTABILITY PROJECT. Associated Cases: 1:19-cv-02478-ABJ, 1:20-cv-03186-ABJ(Burke, Thomas) (Entered: 02/22/2023)
2023-02-27MINUTE ORDER. In light of the 70 joint status report, the parties must submit another joint status report by April 24, 2023. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/27/23. (DMK) (Entered: 02/27/2023)
2023-04-2471Joint STATUS REPORT by MURDER ACCOUNTABILITY PROJECT. Associated Cases: 1:19-cv-02478-ABJ, 1:20-cv-03186-ABJ(Burke, Thomas) (Entered: 04/24/2023)
2023-04-26MINUTE ORDER. In light of the 71 joint status report, the parties must submit another joint status report by June 23, 2023. SO ORDERED. Signed by Judge Amy Berman Jackson on 04/26/2023. (lcabj2) (Entered: 04/26/2023)
2023-06-0572NOTICE of Change of Address by Thomas R. Burke Associated Cases: 1:19-cv-02478-ABJ, 1:20-cv-03186-ABJ(Burke, Thomas) (Entered: 06/05/2023)
2023-06-2373Joint STATUS REPORT by BUREAU OF INDIAN AFFAIRS, FEDERAL BUREAU OF INVESTIGATION, NATIONAL PARK SERVICE, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF THE INTERIOR, DEFENSE MANPOWER DATA CENTER, U.S. AIR FORCE, U.S. ARMY, U.S. DEPARTMENT OF DEFENSE, U.S. NAVY. Associated Cases: 1:19-cv-02478-ABJ, 1:20-cv-03186-ABJ(Curteman, Dedra) (Entered: 06/23/2023)
2023-06-26MINUTE ORDER. In light of the 73 joint status report, the parties must submit another joint status report by August 22, 2023. SO ORDERED. Signed by Judge Amy Berman Jackson on 06/26/2023. (lcabj2) (Entered: 06/26/2023)
2023-08-2274Joint STATUS REPORT by MURDER ACCOUNTABILITY PROJECT. (DeThomas, Courtney) (Entered: 08/22/2023)
2023-08-23MINUTE ORDER. In light of the 74 joint status report, the parties must submit another joint status report by September 21, 2023. SO ORDERED. Signed by Judge Amy Berman Jackson on 08/23/2023. (lcabj2) (Entered: 08/23/2023)
2023-09-2075Joint STATUS REPORT by BUREAU OF INDIAN AFFAIRS, DEFENSE MANPOWER DATA CENTER, U.S. AIR FORCE, U.S. ARMY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE INTERIOR, U.S. NAVY. (Curteman, Dedra) (Entered: 09/20/2023)
2023-09-22MINUTE ORDER. In light of the 75 joint status report, the parties must submit another joint status report by October 23, 2023. SO ORDERED. Signed by Judge Amy Berman Jackson on 09/22/2023. (lcabj2) (Entered: 09/22/2023)
2023-10-2376Joint STATUS REPORT by BUREAU OF INDIAN AFFAIRS, DEFENSE MANPOWER DATA CENTER, U.S. AIR FORCE, U.S. ARMY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE INTERIOR, U.S. NAVY. (Curteman, Dedra) (Entered: 10/23/2023)
2023-10-31MINUTE ORDER. In light of the 76 joint status report, the parties must submit another joint status report by December 22, 2023. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/31/2023. (lcabj2) (Entered: 10/31/2023)
2023-12-2177Joint STATUS REPORT by BUREAU OF INDIAN AFFAIRS, DEFENSE MANPOWER DATA CENTER, U.S. AIR FORCE, U.S. ARMY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE INTERIOR, U.S. NAVY. (Curteman, Dedra) (Entered: 12/21/2023)
2023-12-26MINUTE ORDER. In light of the 77 joint status report, the parties must submit another joint status report by February 20, 2024. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/26/2023. (lcabj2) (Entered: 12/26/2023)
2024-02-2078Joint STATUS REPORT by BUREAU OF INDIAN AFFAIRS, DEFENSE MANPOWER DATA CENTER, U.S. AIR FORCE, U.S. ARMY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE INTERIOR, U.S. NAVY. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 02/20/2024)
2024-02-20MINUTE ORDER. In light of the parties 78 joint status report, it is ORDERED that the following schedule is adopted: defendant FBI's motion for summary judgment is due by May 3, 2024. Plaintiff's opposition is due by May 31, 2024. If plaintiff chooses to file a cross-motion for summary judgment as well, it must be filed on the same date and supported by a single memorandum of points and authorities. Defendant's reply, and cross-opposition, if necessary, supported by a single memorandum of points and authorities, will be due by June 28, 2024. Plaintiff's cross-reply, if necessary, will be due by July 26, 2024. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/20/2024. (lcabj2) (Entered: 02/20/2024)
2024-02-21MINUTE ORDER. In light of the Court's February 20, 2024 minute order ordering summary judgment briefing from the parties, the Court's September 30, 2022 stay of the case is VACATED. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/21/2024. (lcabj2) (Entered: 02/21/2024)
2024-05-0279MOTION for Discovery MOTION FOR LEAVE TO TAKE LIMITED DISCOVERY PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 56(d) by MURDER ACCOUNTABILITY PROJECT. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(DeThomas, Courtney) (Entered: 05/02/2024)
2024-05-0380MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Statement of Facts, # 6 Text of Proposed Order)(Curteman, Dedra) (Entered: 05/03/2024)
2024-05-1581ERRATA by FEDERAL BUREAU OF INVESTIGATION re 80 Motion for Summary Judgment. (Attachments: # 1 Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Statement of Facts, # 7 Text of Proposed Order)(Curteman, Dedra) (Entered: 05/15/2024)
2024-05-1582Consent MOTION for Extension of Time to File Opposition to Plaintiff's Motion for Leave to Take Limited Discovery by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 05/15/2024)
2024-05-16MINUTE ORDER granting 82 Consent Motion for Extension of Time. It is ORDERED that defendants' response to plaintiff's motion for leave to take limited discovery is due by June 13, 2024. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/16/24. (DMK) (Entered: 05/16/2024)
2024-05-16Set/Reset Deadlines: Defendants' Response due by 6/13/2024. (zkh) (Entered: 05/16/2024)
2024-05-1783Consent MOTION to Stay SUMMARY JUDGMENT BRIEFING SCHEDULE by MURDER ACCOUNTABILITY PROJECT. (DeThomas, Courtney) (Entered: 05/17/2024)
2024-05-17MINUTE ORDER granting 83 plaintiff's consent motion to stay further briefing on summary judgment pending the Court's ruling on plaintiff's motion for discovery 79 . It is ORDERED that the parties must confer and propose a briefing schedule for the remaining summary judgment briefs within 14 days of the Court's decision on the discovery motion. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/17/24. (DMK) (Entered: 05/17/2024)
2024-06-1384Memorandum in opposition to re 79 Motion for Discovery filed by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Curteman, Dedra) (Entered: 06/13/2024)
2024-06-2085REPLY re 79 MOTION for Discovery MOTION FOR LEAVE TO TAKE LIMITED DISCOVERY PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 56(d) REPLY IN SUPPORT OF MOTION FOR LEAVE TO TAKE LIMITED DISCOVERY PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 56(d) filed by MURDER ACCOUNTABILITY PROJECT. (DeThomas, Courtney) Modified event title on 6/21/2024 (znmw). (Entered: 06/20/2024)
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