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Case TitleLATIGO v. FEDERAL BUREAU OF INVESTIGATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv01065
Date Filed2021-04-17
Date ClosedOpen
JudgeJudge Carl J. Nichols
PlaintiffHERIBERTO LATIGO, JR
Case DescriptionHeriberto Latigo submitted a FOIA request to the FBI for records concerning his conviction in the Southern District of Texas, which he was appealing to the Fifth Circuit. The agency told Latigo that responsive records were contained in an investigative file that was exempt from disclosure. Latigo filed an administrative appeal. The agency remanded the request for processing. The agency located 1,972 responsive pages and assessed Latigo $385 in fees. After agreeing to pay the fees, the agency then told Latigo that it would take 70 months to process his request. Latigo then filed suit.
Complaint issues: Adequacy - Search, Litigation - Attorney's fees

DefendantFEDERAL BUREAU OF INVESTIGATION
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-04-171COMPLAINT against FEDERAL BUREAU OF INVESTIGATION ( Filing fee $ 402 receipt number ADCDC-8382077) filed by HERIBERTO LATIGO. (Attachments: # 1 Civil Cover Sheet, # 2 Summons FBI, # 3 Summons USAG, # 4 Summons USAO, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F, # 11 Exhibit G, # 12 Exhibit H, # 13 Exhibit I, # 14 Exhibit J, # 15 Exhibit K, # 16 Exhibit L)(Sorenson, C.) (Entered: 04/17/2021)
2021-04-19Case Assigned to Judge Carl J. Nichols. (znmg) (Entered: 04/19/2021)
2021-04-192SUMMONS (3) Issued Electronically as to FEDERAL BUREAU OF INVESTIGATION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(znmg) (Entered: 04/19/2021)
2021-05-113STANDING ORDER. Signed by Judge Carl J. Nichols on May 11, 2021. (lccjn2) (Entered: 05/11/2021)
2021-05-274ANSWER to Complaint by FEDERAL BUREAU OF INVESTIGATION.(Moustakas, John) (Entered: 05/27/2021)
2021-05-28MINUTE ORDER. Before the Court in this Freedom of Information Act case are a Complaint and an Answer. According to Local Civil Rule 16.3, the requirements of Federal Rule of Civil Procedure 26(f) are inapplicable. It is hereby ORDERED that the Parties shall confer and file a Joint Status Report on or before June 18, 2021. The Joint Status Report shall address: (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force , 547 F.2d 605 (D.C. Cir. 1976); (5) the possibility of prioritizing documents responsive to Plaintiff's request and any discussions regarding whether Plaintiff's request can be narrowed; and (6) whether the Parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Carl J. Nichols on May 28, 2021. (lccjn2) (Entered: 05/28/2021)
2021-05-28Set/Reset Deadlines: Joint Status Report due by 6/18/2021. (zcal) (Entered: 05/28/2021)
2021-06-185Joint STATUS REPORT by HERIBERTO LATIGO, JR. (Sorenson, C.) (Entered: 06/18/2021)
2021-06-226RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/29/2021. Answer due for ALL FEDERAL DEFENDANTS by 5/29/2021. (Sorenson, C.) (Main Document 6 replaced on 6/22/2021) (zeg). (Entered: 06/22/2021)
2021-06-22NOTICE OF ERROR re 6 Summons Returned Executed in FOIA as to U.S. Attorney; emailed to petesorenson@gmail.com, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Document incomplete/illegible, 2. FYI: All Documents must be in Non-Fillable PDF format. 3. Please refile naming other defendants served. (zeg, ) (Entered: 06/22/2021)
2021-06-30MINUTE ORDER. Upon review of the Parties' 5 Joint Status Report, it is hereby ORDERED that the Parties shall file a Joint Status Report by October 29, 2021. Plaintiff may raise any issues with Defendant's productions in that Joint Status Report. Signed by Judge Carl J. Nichols on June 30, 2021. (lccjn2) (Entered: 06/30/2021)
2021-06-30Set/Reset Deadlines: Joint Status Report due by 10/29/2021. (zcal) (Entered: 06/30/2021)
2021-10-297Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION. (Moustakas, John) (Entered: 10/29/2021)
2021-11-02MINUTE ORDER. Upon review of the 7 Joint Status Report, it is ORDERED that the Parties shall file an updated Joint Status Report on or before March 9, 2022. Signed by Judge Carl J. Nichols on November 2, 2021. (lccjn2) (Entered: 11/02/2021)
2021-11-03Set/Reset Deadlines: Joint Status Report due by 3/9/2022. (zkh) (Entered: 11/03/2021)
2022-03-048Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION. (Moustakas, John) (Entered: 03/04/2022)
2022-03-07MINUTE ORDER. Upon review of the 8 Joint Status Report, it is ORDERED that the Parties shall file an updated Joint Status Report on or before June 9, 2022. Signed by Judge Carl J. Nichols on March 7, 2022. (lccjn2) (Entered: 03/07/2022)
2022-03-07Set/Reset Deadlines: Joint Status Report due by 6/9/2022. (zcal) (Entered: 03/09/2022)
2022-06-099Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION. (Moustakas, John) (Entered: 06/09/2022)
2022-06-10MINUTE ORDER. Upon review of the 9 Joint Status Report, it is ORDERED that the Parties shall file an updated Joint Status Report on or before November 22, 2022. Signed by Judge Carl J. Nichols on June 10, 2022. (lccjn2) (Entered: 06/10/2022)
2022-06-10Set/Reset Deadlines: Joint Status Report due by 11/22/2022. (zcal) (Entered: 06/13/2022)
2022-11-1710RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 4/29/2021, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/29/2021., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/29/2021. ( Answer due for ALL FEDERAL DEFENDANTS by 5/29/2021.) (Sorenson, C.) (Entered: 11/17/2022)
2022-11-2211Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION. (Moustakas, John) (Entered: 11/22/2022)
2022-11-30MINUTE ORDER. Upon review of the 11 Joint Status Report, it is ORDERED that the Parties shall file an additional joint status report on or before April 12, 2023, and every 60 days thereafter until either party moves for a briefing schedule for dispositive motions, files a dispositive motion, or the case is terminated. Signed by Judge Carl J. Nichols on November 30, 2022. (lccjn2) (Entered: 11/30/2022)
2022-12-01Set/Reset Deadlines: Joint Status Report due by 4/12/2023. (zkh) (Entered: 12/01/2022)
2023-04-1212Joint STATUS REPORT by HERIBERTO LATIGO, JR. (Attachments: # 1 Text of Proposed Order)(Sorenson, C.) (Entered: 04/12/2023)
2023-06-2013Joint STATUS REPORT by HERIBERTO LATIGO, JR. (Sorenson, C.) (Entered: 06/20/2023)
2023-06-28MINUTE ORDER. Upon review of the 13 Joint Status Report, it is ORDERED that the Parties shall file an additional joint status report on or before October 10, 2023, and every 120 days thereafter until either party moves for a briefing schedule for dispositive motions, files a dispositive motion, or the case is terminated. Signed by Judge Carl J. Nichols on June 28, 2023. (lccjn2) (Entered: 06/28/2023)
2023-10-1014Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION. (Moustakas, John) (Entered: 10/10/2023)
2023-12-2815NOTICE OF SUBSTITUTION OF COUNSEL by Joseph F. Carilli, Jr on behalf of All Defendants Substituting for attorney John Moustakas (Carilli, Joseph) (Entered: 12/28/2023)
2024-02-0716Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION. (Carilli, Joseph) (Entered: 02/07/2024)
2024-06-0617Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION. (Carilli, Joseph) (Entered: 06/06/2024)
2024-07-2418Consent MOTION for Scheduling Order and Joint Status Report by HERIBERTO LATIGO, JR. (Attachments: # 1 Text of Proposed Order)(Sorenson, C.) (Entered: 07/24/2024)
2024-07-2419STATUS REPORT by HERIBERTO LATIGO, JR. (See docket entry 18 to review document) (zdp) (Entered: 07/25/2024)
2024-08-16MINUTE ORDER. The 18 Consent Motion for Scheduling Order is GRANTED. It is further ORDERED that Plaintiff shall file his motion for attorney fees and costs on or before September 24, 2024; Defendant shall file its opposition on or before October 24, 2024; and Plaintiff shall file his reply on or before November 15, 2024. So ORDERED by Judge Carl J. Nichols on 08/16/2024. (lccjn2) (Entered: 08/16/2024)
2024-09-1720Joint MOTION to Vacate Order on Consent Motion for Scheduling Order by HERIBERTO LATIGO, JR. (Attachments: # 1 Text of Proposed Order)(Sorenson, C.) (Entered: 09/17/2024)
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