Case Detail

FOIA Project Annotation: Judge Tanya Chutkan has ruled that Kimberly Tracy may not withdraw her suit against the FBI without prejudice because the FBI had already responded to her request. Tracy requested records about herself from the FBI. She filed suit after the agency failed to respond within the statutory time limit. However, the agency located eight pages and disclosed redacted portions of the records. Tracy then filed a motion contending the agency had violated FOIA by its failure to respond on time. But Chutkan told Tracy that such a motion could be interpreted as meaning that Tracy accepted the agency's redactions. Rather than challenge the agency's redactions, Tracy asked Chutkan to dismiss the case without prejudice. Chutkan found instead that the FBI was entitled to summary judgment. She noted that "although she was given two opportunities to challenge the adequacy of the search or the FBI's justifications for withholding some of the information found in these records, Plaintiff failed to do so." She pointed out that "dismissal of this action without prejudice is not appropriate. . .Plaintiff has not come forward with any arguments that might refute the FBI's position that it properly withheld information under FOIA exemptions. . .and that the agency disclosed all non-exempt information. Thus, Plaintiff is not entitled to have this action dismissed without prejudice." Chutkan added that "Plaintiff is not entitled to relief simply because the FBI disclosures were made more than 20 days after Plaintiff submitted her FOIA request" because once the agency responded the issue became moot.
Issues: Litigation - Jurisdiction - Moot

Date Filed	Doc #	Docket Text
2015-03-19	1	COMPLAINT against U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 400, receipt number 4616069050) with Jury Demand filed by KIMBERLY F. TRACY. (Attachments: # 1 Civil Cover Sheet)(td, ) (Entered: 03/24/2015)
2015-03-19	2	MOTION for CM/ECF Password by KIMBERLY F. TRACY (td, ) (Entered: 03/24/2015)
2015-03-20		SUMMONS (3) Issued as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (td, ) (Entered: 03/24/2015)
2015-04-01		MINUTE ORDER: Denying without prejudice 2 Motion for CM/ECF Password. Plaintiff has failed to comply with Local Civil Rule 5.4(b)(2) requiring certification that the pro se party "has successfully completed the entire Clerk's Office on-line tutorial or has been permitted to file electronically in other federal courts." The CLERK OF THE COURT shall mail a copy of this Order to: KIMBERLY F. TRACY, 7211 Liberty Pride Street, Las Vegas, NV 89148. Signed by Judge Tanya S. Chutkan on 4/1/15. (DJS) (Entered: 04/01/2015)
2015-04-07	3	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/30/2015. ( Answer due for ALL FEDERAL DEFENDANTS by 4/29/2015.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/30/15., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 3/31/2015 (td, ) (Entered: 04/10/2015)
2015-04-28	4	NOTICE of Appearance by Andrew Donald Fiorillo on behalf of U.S. DEPARTMENT OF JUSTICE (Fiorillo, Andrew) (Entered: 04/28/2015)
2015-04-29		NOTICE OF ERROR re 4 Notice of Appearance; emailed to andrew.fiorillo@usdoj.gov, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Each counsel must file their own Appearances using their own ECF passwords. (td, ) (Entered: 04/29/2015)
2015-04-29	5	NOTICE of Appearance by Christina Doran Trolani on behalf of U.S. DEPARTMENT OF JUSTICE (Trolani, Christina) (Entered: 04/29/2015)
2015-04-29	6	NOTICE of Appearance by Andrew Donald Fiorillo on behalf of U.S. DEPARTMENT OF JUSTICE (Fiorillo, Andrew) (Entered: 04/29/2015)
2015-04-29	7	ANSWER to 1 Complaint by U.S. DEPARTMENT OF JUSTICE.(Fiorillo, Andrew) (Entered: 04/29/2015)
2015-04-30		MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule should address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues and that contains a proposed schedule and order not later than 5/18/15. The CLERK OF THE COURT SHALL MAIL A COPY OF THIS ORDER TO: KIMBERLY F. TRACY, 7211 Liberty Pride Street, Las Vegas, NV 89148. Signed by Judge Tanya S. Chutkan on 4/29/15. (DJS) (Entered: 04/30/2015)
2015-04-30		Set/Reset Deadlines: Status Report due by 5/18/2015. (zsm) (Entered: 04/30/2015)
2015-05-05	8	MOTION for CM/ECF Password by KIMBERLY F. TRACY (td, ) (Entered: 05/06/2015)
2015-05-07		MINUTE ORDER: Granting 8 Motion for CM/ECF Password. Signed by Judge Tanya S. Chutkan on 5/7/15. (DJS) (Entered: 05/07/2015)
2015-05-08		ENTERED IN ERROR.....Set/Reset Hearings: Status Conference set for 5/12/2015 at 11:00 AM in Courtroom 2 before Judge Tanya S. Chutkan. (zsm) Modified on 5/11/2015 (zsm). (Entered: 05/08/2015)
2015-05-11	9	MOTION for Telephonic Appearance by KIMBERLY F. TRACY (td, ) (Entered: 05/11/2015)
2015-05-12		MINUTE ORDER: Finding as moot 9 Plaintiff's Motion for Order to appear telephonically at status conference. The 5/8/15 Status Conference docket event was entered in error. The parties are to abide by this Court's 4/30/15 Order, which requires that the parties meet and confer and submit a jointly proposed scheduling order not later than 5/18/15. Signed by Judge Tanya S. Chutkan on 5/12/15. (DJS) (Entered: 05/12/2015)
2015-05-15	10	ENTERED IN ERROR. . . . .MOTION for Scheduling Order by KIMBERLY F. TRACY (TRACY, KIMBERLY) Modified on 5/19/2015 (td, ). (Entered: 05/15/2015)
2015-05-18	11	RESPONSE TO ORDER OF THE COURT re Order,,,, Motion of 05/15/2015 entered in error filed by KIMBERLY F. TRACY. (TRACY, KIMBERLY) (Entered: 05/18/2015)
2015-05-18	12	STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Fiorillo, Andrew) (Entered: 05/18/2015)
2015-05-19	13	MOTION for Vaughn Index by KIMBERLY F. TRACY (TRACY, KIMBERLY). Added MOTION to Compel on 5/19/2015 (td, ). (Entered: 05/19/2015)
2015-05-19		NOTICE OF CORRECTED DOCKET ENTRY: re 10 MOTION for Scheduling Order was entered in error and refiled said pleading as docket entry no. 11 . (td, ) (Entered: 05/19/2015)
2015-05-21		MINUTE ORDER: Denying without prejudice 13 Plaintiff's Motion for a Vaughn Index and Motion to Compel. To the extent the Plaintiff challenges: (1) the sufficiency of Defendant's disclosures; (2) the Defendant's position that a Vaughn Index will not likely be necessary; and (3) any other substantive issues relative to Plaintiff's FOIA request, the Plaintiff may raise such challenges during the Summary Judgment Briefing process. Accordingly, it is hereby ordered that Defendant shall file its Motion for Summary Judgment by June 15, 2015; Plaintiff's opposition and, if necessary, COMBINED cross motion for summary judgment shall be filed on or before July 1, 2015; Defendant's reply and/opposition, if any, shall be filed by July 15, 2015; and Plaintiff's reply, if any, shall be filed by August 1, 2015. Going forward, the Plaintiff should be mindful that the court expects the parties to comply with all orders, including orders to submit JOINT status reports. To the extent the parties are unable to agree, such disagreement should be spelled out in ONE jointly filed report. Any failure to comply with court orders may result in sanctions up to and including loss of ECF filing privileges. Signed by Judge Tanya S. Chutkan on 5/21/15. (DJS) (Entered: 05/21/2015)
2015-05-21		Set/Reset Deadlines: Summary Judgment motion due by 6/15/2015. Response to Motion for Summary Judgment due by 7/1/2015. Reply to Motion for Summary Judgment due by 7/15/2015. Reply due by 8/1/2015. (zsm) (Entered: 05/21/2015)
2015-06-15	14	MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration, # 2 Statement of Facts, # 3 Memorandum in Support, # 4 Text of Proposed Order)(Fiorillo, Andrew) (Entered: 06/15/2015)
2015-06-30	15	Cross MOTION for Summary Judgment by KIMBERLY F. TRACY (TRACY, KIMBERLY) Modified on 7/1/2015 (td). (Entered: 06/30/2015)
2015-06-30	16	RESPONSE TO ORDER OF THE COURT filed 5/21/15 re Minute Order on Motion for Vaughn Index, Order on Motion to Compel,,,,,,,,,, filed by KIMBERLY F. TRACY; (See docket entry no. 15 to view document.) (td) (Entered: 07/01/2015)
2015-07-15		MINUTE ORDER: Briefing on the parties' motions for summary judgment 14 15 is hereby STAYED until further order of the court. Signed by Judge Tanya S. Chutkan on 7/15/15. (DJS) (Entered: 07/15/2015)
2015-07-15	17	FOX NEAL ORDER: Not later than July 17, 2015, the Plaintiff shall file a notice advising the court whether she wishes to file an amended response 15 to defendant's motion for summary judgment. If she wishes to do so, she must file her amended response/combined motion for summary judgment not later than July 27, 2015. (See order for further details). Signed by Judge Tanya S. Chutkan on 7/15/15. (DJS) (Entered: 07/15/2015)
2015-07-16		Set/Reset Deadlines: Notice due by 7/17/2015.Response to Motion for Summary Judgment due by 7/27/2015. (zsm) (Entered: 07/16/2015)
2015-07-17	18	NOTICE by KIMBERLY F. TRACY (TRACY, KIMBERLY) (Entered: 07/17/2015)
2015-07-21	19	ENTERED IN ERROR. . . . .MOTION to Withdraw by KIMBERLY F. TRACY (TRACY, KIMBERLY) Modified on 7/22/2015 (td). (Entered: 07/21/2015)
2015-07-22		NOTICE OF ERROR re 19 Motion to Withdraw; emailed to kimberly.f.tracy@gmail.com, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. The order must be an attachment to the motion. The motion must be the main document. (td, ) (Entered: 07/22/2015)
2015-07-22		NOTICE OF CORRECTED DOCKET ENTRY: re 19 MOTION to Withdraw was entered in error and Plaintiff was instructed to refile said pleading. (td) (Entered: 07/22/2015)
2015-07-31	20	MEMORANDUM AND OPINION. Signed by Judge Tanya S. Chutkan on 7/31/15. (DJS) (Entered: 07/31/2015)
2015-07-31	21	ORDER granting 14 Defendant's Motion for Summary Judgment; Denying 15 Plaintiff's Motion for Summary Judgment. All claims asserted against the Defendant are hereby DISMISSED with PREJUDICE pursuant to Federal Rule of Civil Procedure 56. (see order for details). Signed by Judge Tanya S. Chutkan on 7/31/15. (DJS) (zsm). (Entered: 07/31/2015)
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