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Case TitleJamul Action Committee v. Dept. of Interior et al
DistrictEastern District of California
CitySacramento
Case Number2:2022cv02148
Date Filed2022-12-02
Date Closed2023-08-29
JudgeChief District Judge Kimberly J. Mueller
PlaintiffJamul Action Committee
Case DescriptionThe Jamul Action Committee submitted a FOIA request to the Department of Interior for records concerning Exhibit A of the California-JIV Compact. JAC also requested a fee waiver. The agency acknowledged receipt of the request. The agency indicated that it would waive fees. However, after hearing nothing further from the agency, JAC filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDepartment of Interior, Office of Indian Gaming
DefendantDeb Haaland Secretary of Department of Interior
DefendantPaula L. Hart OIG Director
DefendantJustin Davis FOIA Officer EDS, INC
DefendantJoseph Broadhead EDS, INC Owner
Documents
Docket
Complaint
Opinion/Order [11]
Opinion/Order [20]
Opinion/Order [35]
Opinion/Order [39]
Opinion/Order [43]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-12-021COMPLAINT against All Defendants by Jamul Action Committee. Attorney Williams, Kenneth R. added. (Filing fee $ 402, receipt number ACAEDC-10577195) (Williams, Kenneth) (Entered: 12/02/2022)
2022-12-022CIVIL COVER SHEET by Jamul Action Committee (Williams, Kenneth) (Entered: 12/02/2022)
2022-12-023SUMMONS ISSUED as to *Department of Interior, Office of Indian Gaming, Deb Haaland* with answer to complaint due within *30* days. Attorney *Kenneth R. Williams* *Law Office of Kenneth R. Williams* *980 9th Street, 16th Floor* *Sacramento, CA 95614*. (Kaminski, H) (Entered: 12/02/2022)
2022-12-024CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 4/13/2023 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: # 1 Standing Order, # 2 Consent Form, # 3 VDRP) (Kaminski, H) (Entered: 12/02/2022)
2023-02-235MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 2/23/2023: Due to a scheduling conflict and on the court's own motion, the Status (Pretrial Scheduling) Conference set for 4/13/2023 is ADVANCED to 4/6/2023 at 2:30 PM before Chief District Judge Kimberly J. Mueller, with the filing of a joint status report due fourteen (14) days prior. The April hearing will proceed by video conferencing through the Zoom application. The Courtroom Deputy will provide counsel with the hearing access information no less than 24 hours before the hearing. Plaintiff shall serve a copy of this Minute Order on Defendants not yet appearing. (Text Only Entry) (Schultz, C) (Entered: 02/23/2023)
2023-02-286CERTIFICATE / PROOF of SERVICE by Jamul Action Committee. (Williams, Kenneth) (Entered: 02/28/2023)
2023-02-287SUMMONS RETURNED EXECUTED: Department of Interior, Office of Indian Gaming and Deb Haaland served on 2/28/2023. (Williams, Kenneth) Modified on 3/2/2023 (Perdue, C.). (Entered: 02/28/2023)
2023-03-128CERTIFICATE / PROOF of SERVICE by Jamul Action Committee. (Williams, Kenneth) (Entered: 03/12/2023)
2023-03-199EX PARTE APPLICATION by Defendants for Setting Deadline to Respond to Complaint, and Continuing Status (Pretrial Scheduling) Conference. Attorney Frueh, Joseph added. (Attachments: # 1 Declaration of Joseph Frueh, # 2 Proposed Order)(Frueh, Joseph) Modified on 3/21/2023 (Mena-Sanchez, L). (Entered: 03/19/2023)
2023-03-2110DECLARATION of Kenneth R. Williams in OPPOSITION to 9 Ex Parte Application. (Williams, Kenneth) Modified on 3/22/2023 (Mena-Sanchez, L). (Entered: 03/21/2023)
2023-03-2211ORDER signed by Chief District Judge Kimberly J. Mueller on 03/22/23 GRANTING 9 Ex Parte Application and SETTING the deadlines as follows; Parties shall file their Joint Status Report no later than 04/27/23; Defendants' deadline to respond to the Complaint is 05/02/23 and the Pretrial Conference set for 5/11/2023 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Licea Chavez, V) Modified on 3/23/2023 (Licea Chavez, V). (Entered: 03/22/2023)
2023-03-2412REQUEST for by Jamul Action Committee. (Williams, Kenneth) (Entered: 03/24/2023)
2023-03-2613OBJECTIONS by Defendants Department of Interior, Office of Indian Gaming, Deb Haaland to 12 REQUEST for by Jamul Action Committee.. (Frueh, Joseph) (Entered: 03/26/2023)
2023-03-2714RESPONSE by Jamul Action Committee to 13 Objections. (Williams, Kenneth) (Entered: 03/27/2023)
2023-03-2815MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 3/28/2023: The court is in receipt of Plaintiff's Request for Correction or Clarification, ECF No. 12 . The changes the Request seeks have already been made to the docket entry text. Accordingly, the Request is DENIED as MOOT. (Text Only Entry)(Schultz, C) (Entered: 03/28/2023)
2023-04-2516JOINT STATUS REPORT by Jamul Action Committee. (Williams, Kenneth) (Entered: 04/25/2023)
2023-05-0217MOTION to DISMISS by Defendants. Motion Hearing SET for 6/30/2023 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Declaration of Justin Davis, # 3 Exhibit 1, # 4 Declaration of Paula Hart)(Frueh, Joseph) Modified on 5/3/2023 (Mena-Sanchez, L). (Entered: 05/02/2023)
2023-05-0318MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 5/3/2023: On the court's own motion, the Status (Pretrial Scheduling) Conference set for 5/11/2023 is RESET for 6/30/2023 at 10:00 AM in Courtroom 3 before Chief District Judge Kimberly J. Mueller, with the filing of a Joint Status Report due fourteen (14) days prior. (Text Only Entry) (Schultz, C) (Entered: 05/03/2023)
2023-05-0419STIPULATION and PROPOSED ORDER to Continue Hearing set for 6/30/23 to 8/11/23 re 17 Motion to Dismiss, 18 Minute Order, by Jamul Action Committee. (Williams, Kenneth) Modified on 5/5/2023 (Mena-Sanchez, L). (Entered: 05/04/2023)
2023-05-1620STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 05/16/23 CONTINUING the Motion to Dismiss and the Status (Pretrial Scheduling) Conference to 8/11/2023 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Licea Chavez, V) (Entered: 05/16/2023)
2023-05-1621[DISREGARD NO CASE NUMBER SEE DOC 22 ] FIRST AMENDED COMPLAINT. (Williams, Kenneth) Modified on 5/18/2023 (Rodriguez, E). (Entered: 05/16/2023)
2023-05-1622FIRST AMENDED COMPLAINT by Jamul Action Committee. (Williams, Kenneth) Modified on 5/18/2023 (Rodriguez, E). (Entered: 05/16/2023)
2023-05-2223REQUEST for ISSUANCE of SUMMONS per 22 First Amended Complaint by Jamul Action Committee. (Williams, Kenneth) Modified on 5/24/2023 (Licea Chavez, V). (Entered: 05/22/2023)
2023-05-2424SUMMONS ISSUED as to *Joseph Broadhead, Justin Davis, Paula L. Hart* with answer to complaint due within *30* days. Attorney *Kenneth R. Williams* *Law Office of Kenneth R. Williams* *980 9th St. 16th Floor* *Sacramento, CA 95614*. (Licea Chavez, V) (Entered: 05/24/2023)
2023-05-3025MOTION to DISMISS by Department of Interior, Office of Indian Gaming, Deb Haaland. Motion Hearing set for 8/11/2023 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Declaration of Justin Davis, # 3 Exhibit 1, # 4 Declaration of Paula Hart)(Frueh, Joseph) (Entered: 05/30/2023)
2023-05-3126MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 5/31/2023: The court is in receipt of Plaintiff's First Amended Complaint, ECF No. 22 . Federal Rules of Civil Procedure 15(a)(1) provides that "[a] party may amend its pleading once as a matter of course... 21 days after serving it, or... 21 days after service of a motion under Rule 12(b), (e), or (f)..." Accordingly, Defendants' Motion to Dismiss, ECF No. 17 , is hereby DENIED as MOOT. (Text Only Entry) (Schultz, C) (Entered: 05/31/2023)
2023-06-1327OPPOSITION by Jamul Action Committee to 25 Motion to Dismiss,. (Attachments: # 1 Declaration of Glenn Revell)(Williams, Kenneth) (Entered: 06/13/2023)
2023-06-2328REPLY by Department of Interior, et al., in support of 25 Motion to Dismiss. (Frueh, Joseph) Modified on 6/26/2023 (Benson, A.). (Entered: 06/23/2023)
2023-07-2829JOINT STATUS REPORT by Department of Interior, Office of Indian Gaming, Deb Haaland. (Frueh, Joseph) (Entered: 07/28/2023)
2023-08-1130MINUTES for MOTION HEARING and SCHEDULING CONFERENCE held before Chief District Judge Kimberly J. Mueller on 8/11/2023. Plaintiff's Counsel, Kenneth Williams, present. Defendants' Counsel, Joseph Frueh, present. No appearance for Plaintiff initially. The court and Defense Counsel discussed the pending Motion to Dismiss. Plaintiff's Counsel arrived mid-hearing. The court and both Counsel discussed the pending Motion to Dismiss, ECF No. 25 . After careful consideration of the parties' arguments, the court SUBMITTED the matter; an Order to issue. The court DEFERRED case scheduling subject to resolution of the pending Motion. The court advised the parties that if an email goes to Mr. Williams attaching a document as discussed during the hearing, the parties should let court know. E.C.R.O.: Jennifer Wood. (Text Only Entry) (Schultz, C) (Entered: 08/11/2023)
2023-08-1131SUMMONS RETURNED EXECUTED: Joseph Broadhead served on 8/4/2023. (Williams, Kenneth) Modified on 8/15/2023 (Mena-Sanchez, L). (Entered: 08/11/2023)
2023-08-1532NOTICE of Receipt of Appendix A to Compact by Jamul Action Committee. (Williams, Kenneth) Modified on 8/16/2023 (Licea Chavez, V). (Entered: 08/15/2023)
2023-08-1533SUMMONS RETURNED EXECUTED: Jamul Action Committee served on 8/14/2023, answer due 9/5/2023. (Williams, Kenneth) (Entered: 08/15/2023)
2023-08-1534CERTIFICATE / PROOF of SERVICE by Jamul Action Committee re 22 Amended Document. (Williams, Kenneth) (Entered: 08/15/2023)
2023-08-2935ORDER signed by Chief District Judge Kimberly J. Mueller on 8/28/2023 GRANTING 25 Motion to Dismiss, without leave to amend, and this case is closed. CASE CLOSED (Reader, L) (Entered: 08/29/2023)
2023-08-2936JUDGMENT dated *8/29/2023* pursuant to order signed by Chief District Judge Kimberly J. Mueller on 8/28/2023. (Reader, L) (Entered: 08/29/2023)
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by FOIA Project Staff
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