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Case TitleMartinez v. U.S. State Department
DistrictMiddle District of Tennessee
CityNashville
Case Number3:2014cv01616
Date Filed2014-08-11
Date Closed2015-07-06
JudgeDistrict Judge Todd J. Campbell
PlaintiffAvelino Cruz Martinez
Case DescriptionAvelino Cruz Martinez, a naturalized U.S. citizen detained for extradition to Mexico on criminal charges, submitted a FOIA request to the Department of State for all records from the U.S. Consulate in Mexico pertaining to Martinez and all records pertaining to Mexico's request to extradite Martinez. He also requested expedited processing. The agency denied his request for expedited processing, which he appealed. The agency upheld its denial. When Martinez asked how long it would take to process his request, he was given an estimated completion date of June 2015. He then filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing

DefendantU.S. State Department
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
Opinion/Order [29]
FOIA Project Annotation: A federal court in Tennessee has order the State Department to finish processing Avelino Cruz Martinez's FOIA request within 20 days and to provide any responsive records or the reasons for withholding them within 30 days. Martinez, a U.S. citizen who faces extradition to Mexico, where he claims villagers have threatened to kill him if he returns, requested records from the State Department and asked for expedited processing as well. The agency denied his expedited processing request and eventually estimated that it would complete his request by June 2015. Finding in favor of Martinez, the court noted that "Defendant has not asked the Court to find that exceptional circumstances exist. A delay that results from a predictable agency workload of requests does not constitute exceptional circumstances under the FOIA statute unless the agency demonstrates reasonable progress in reducing its backlog of pending requests. Defendant has not made this showing." The court added that "plaintiff has demonstrated a genuine need for urgency in gaining access to these records. Plaintiff is a U.S. citizen facing extradition to Mexico, where he faces death threats. He believes the requested documents will fortify his case against extradition, and time is of the essence."
Issues: Failure to respond within statutory time limit
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-08-111COMPLAINT against U.S. State Department, filed by Avelino Cruz Martinez. (Attachments: # 1 Exhibit 1- Letter to the Office of Information Programs and Services dated March 12, 2014, # 2 Exhibit 2- Letter from the Office of Information Programs and Services, # 3 Exhibit 3 - Email re FOIA Status, # 4 Exhibit 4 - Letter to the Office of Information Programs and Services dated April 11, 2014, # 5 Exhibit 5 - Letter from the Office of Information Programs and Services dated April 24, 2014, # 6 Exhibit 6 - Letter to the Office of Information Programs and Services dated May 13, 2014, # 7 Exhibit 7 - Letter from the United States Department of State Dated June 11, 2014, # 8 Exhibit 8- Email re Status check for case number F-2014-06780, # 9 Civil Cover Sheet.)(eh) (Entered: 08/11/2014)
2014-08-112APPLICATION for Leave to Proceed In Forma Pauperis by Avelino Cruz Martinez. (eh) (Entered: 08/11/2014)
2014-08-123NOTICE of Initial Case Management Conference set for 10/20/2014 at 09:30 AM in Courtroom 776 before Magistrate Judge John S. Bryant. (eh) (Entered: 08/12/2014)
2014-08-12Bar status for attorney Michael C. Holley of TN verified as active on this date. (eh) (Entered: 08/12/2014)
2014-08-124ORDER: Pursuant to 28 U.S.C. § 636 and Rule 72 of the Federal Rules of Civil Procedure, this case is REFERRED to the Magistrate Judge for entry of a scheduling order and decision on all pretrial, nondispositive motions. It is so ORDERED. Signed by District Judge Todd J. Campbell on 8/12/2014. (eh) (Entered: 08/12/2014)
2014-10-035ORDER: Plaintiffs application to proceed without prepaying fees and costs is GRANTED. The Clerk is directed to issue process for service upon the Defendant. It is so ORDERED. Signed by Magistrate Judge John S. Bryant on 10/3/2014. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh) (Entered: 10/03/2014)
2014-10-066Summons Issued as to U.S. State Department, U.S. Attorney and U.S. Attorney General (fwd to USM for service) (eh) (Entered: 10/06/2014)
2014-10-087SUMMONS Returned Executed by USM as to United States Attorney on 10/7/2014 (eh) (Entered: 10/10/2014)
2014-10-178NOTICE by Avelino Cruz Martinez (Holley, Michael) (Entered: 10/17/2014)
2014-10-179ORDER: The Initial Case Management Conference is RESCHEDULED to November 24, 2014, at 10:00 A.M. Signed by Magistrate Judge John S. Bryant on 10/17/2014. (eh) (Entered: 10/17/2014)
2014-10-1710SUMMONS Returned Executed by USM as to U.S. Attorney General on 10/15/2014 (eh) (Entered: 10/20/2014)
2014-10-2111SUMMONS Returned Executed by USM, U.S. State Department served on 10/15/2014. (eh) (Entered: 10/29/2014)
2014-10-3112Summons Issued as to U.S. State Department (Fwd to USM for service) (eh) (Entered: 10/31/2014)
2014-11-1913MOTION for Extension of Time to File Report on Rule 16 Conference and Proposed Case Management Order by Avelino Cruz Martinez. (Holley, Michael) (Entered: 11/19/2014)
2014-11-1916SUMMONS returned executed as to The Executive Office served on 11/17/2014. (ds) (Entered: 11/24/2014)
2014-11-2014PROPOSED CASE MANAGEMENT ORDER filed by Avelino Cruz Martinez. (Holley, Michael) (Entered: 11/20/2014)
2014-11-2115ORDER granting 13 Motion for Extension of Time to File. Signed by Magistrate Judge John S. Bryant on 11/21/2014. (eh) (Entered: 11/21/2014)
2014-11-2417ORDER: The undersigned Magistrate Judge conducted the initial case management conference in this case on November 24, 2014. Mr. Holley appeared on behalf of the Plaintiff, and Assistant United States Attorney Lynne Ingram appeared on behalf of the Defendant. Following discussion with counsel, the undersigned finds that Defendant shall respond to the complaint on or before December 17, 2014. Counsel agree that little, if any, discovery will be necessary in this case and that the case will be resolved upon a dispositive motion. No trial will be required. It is so ORDERED. Signed by Magistrate Judge John S. Bryant on 11/24/2015. (eh) (Entered: 11/25/2014)
2014-11-24Minute Entry for proceedings held before Magistrate Judge John S. Bryant: Initial Case Management Conference held on 11/24/2014. (Tape #2014-44 JSB) (tm) (Entered: 12/01/2014)
2014-11-2618NOTICE of Filing by Avelino Cruz Martinez (Attachments: # 1 Attachment Declaration of Kimberly Boyd with attached documents)(Holley, Michael) (Entered: 11/26/2014)
2014-11-2619MOTION for Summary Judgment by Avelino Cruz Martinez. (Holley, Michael) (Entered: 11/26/2014)
2014-11-2620STATEMENT of facts under Local Rule 56.01(b) . (Holley, Michael) (Entered: 11/26/2014)
2014-12-0124SUMMONS Returned Executed U.S. State Department served on 11/25/2014. (eh) (Entered: 12/08/2014)
2014-12-0521MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Summary Judgment by U.S. State Department. (Ingram, Lynne) (Entered: 12/05/2014)
2014-12-0522RESPONSE to Motion re 21 MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Summary Judgment filed by Avelino Cruz Martinez. (Holley, Michael) (Entered: 12/05/2014)
2014-12-0523Amended MOTION for Extension of Time to File Response/Reply as to 21 MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Summary Judgment by U.S. State Department. (Ingram, Lynne) (Entered: 12/05/2014)
2014-12-0825ORDER: Pending before the Court are Defendant's Motion to Extend Time to File Response to Motion for Summary Judgment (Docket No. 21 ) and Amended Motion to Extend Time to File Response to Motion for Summary Judgment (Docket No. 23 ). Plaintiff's Motion for Summary Judgment (Docket No. 19) was filed on November 26, 2014. Pursuant to Local Rules 56.01(c) and 7.01(b), Defendant's Response is due twenty-one days after the Motion is filed, which would be December 17, 2014. Pursuant to Fed. R. Civ. P. 6(d), three days are added to that deadline, putting the date on Saturday, December 20, 2014. Therefore, pursuant to Fed. R. Civ. P., the period continues to run until Monday, December 22, 2014. Accordingly, Defendants Motions requesting extensions of time are moot. Defendant's Response is due on December 22, 2014. Any Reply shall be filed by January 8, 2015. IT IS SO ORDERED. Signed by District Judge Todd J. Campbell on 12/8/2014. (eh) (Entered: 12/08/2014)
2014-12-1726ANSWER to 1 Complaint,,, by U.S. State Department. (Attachments: # 1 Exhibit Original FOIA Request, # 2 Exhibit Renewed FOIA Request, # 3 Exhibit Correspondence Regarding Expedited Processing, # 4 Exhibit Letter Upholding Denial of Expedited Processing, # 5 Exhibit Correspondence Regarding Estimated Completion Date)(Ingram, Lynne) (Entered: 12/17/2014)
2014-12-2227RESPONSE in Opposition re 19 MOTION for Summary Judgment filed by U.S. State Department. (Attachments: # 1 Attachment Hackett'd Declaration and 10 Exhibits)(Ingram, Lynne) (Entered: 12/22/2014)
2014-12-2328RESPONSE to Motion re 19 MOTION for Summary Judgment filed by Avelino Cruz Martinez. (Holley, Michael) (Entered: 12/23/2014)
2015-01-1429MEMORANDUM OPINION OF THE COURT. Signed by District Judge Todd J. Campbell on 1/14/2015. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh) (Entered: 01/14/2015)
2015-01-1430ORDER: Pending before the Court is Plaintiff's Motion for Summary Judgment (Docket No. 19 ). For the reasons stated in the accompanying Memorandum, Plaintiff's Motion is GRANTED. Defendant shall make its "determination" with regard to Plaintiff's FOIA request within twenty (20) days from entry of this Order, and Defendant shall produce the requested documents and/or its reasons for withholding any documents it withholds within thirty (30) days of this Order. IT IS SO ORDERED. Signed by District Judge Todd J. Campbell on 1/14/2015. (eh) (Entered: 01/14/2015)
2015-01-3031Joint MOTION for Extension of Time to Complete Discovery JOINT MOTION TO EXTEND TIME TO PRODUCE RECORDS by U.S. State Department. (Attachments: # 1 Attachment Joint Proposed Order)(Ingram, Lynne) (Entered: 01/30/2015)
2015-03-0232ORDER: It appears that the extended deadline sought by this motion 31 has expired. The Clerk, therefore, is directed to terminate this motion as moot. Signed by Magistrate Judge John S. Bryant on 3/2/2015. (eh) (Entered: 03/02/2015)
2015-06-3033ORDER: Telephone Status Conference set for 7/7/2015 10:30 AM before Magistrate Judge John S. Bryant. Signed by Magistrate Judge John S. Bryant on 6/30/15. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 06/30/2015)
2015-07-0234MOTION to Dismiss by Avelino Cruz Martinez. (Holley, Michael) (Entered: 07/02/2015)
2015-07-0635ORDER: Plaintiff has filed a Motion to Dismiss DE 34 , indicating that Plaintiff wishes to voluntarily dismiss this action with prejudice. Accordingly, this action is DISMISSED with prejudice, and the Clerk is directed to close the file. Any pending Motions are denied as moot, and any scheduled hearings are canceled. This Order shall constitute the final judgment in this case pursuant to Fed. R. Civ. P. 58. Signed by District Judge Todd J. Campbell on 7/6/15. (am) (Entered: 07/06/2015)
2015-07-0636Entry of Judgment re 35 Order. (am) (Entered: 07/06/2015)
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by FOIA Project Staff
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