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Case TitlePanhandle Citizens for Truth in Gaming Inc v. Department of the Interior et al
DistrictWestern District of Oklahoma
CityOklahoma City
Case Number5:2016cv00070
Date Filed2016-01-29
Date Closed2016-04-20
JudgeHonorable Lee R. West
PlaintiffPanhandle Citizens for Truth in Gaming Inc an Oklahoma not for profit corporation
Case DescriptionThe Panhandle Citizens for Truth in Gaming submitted a FOIA request to the Bureau of Indian Affairs for records concerning the land into trust application of the Shawnee Tribe near Guymon, Oklahoma. The agency provided a response, determined the group was a commercial requester, and charged fees accordingly. The Citizens filed an appeal, but after hearing nothing further from the agency, the Citizens filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Fee Category - Commercial, Litigation - Attorney's fees

DefendantDepartment of the Interior and its component
DefendantIndian Affairs Bureau of
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-01-291COMPLAINT against Department of the Interior, Indian Affairs Bureau of filed by Panhandle Citizens for Truth in Gaming Inc. (Attachments: # 1 Civil Cover Sheet)(kw) (Entered: 01/29/2016)
2016-01-292Summons Issued Electronically as to Department of the Interior, Indian Affairs Bureau of, U.S. Attorney and U.S. Attorney General (kw) (Entered: 01/29/2016)
2016-01-29PAYMENT FOR A CIVIL CASE Filing fee $ 400, receipt number 1087-2225179. (Ross, Derek) (Entered: 01/29/2016)
2016-01-293ENTRY of Appearance by Derek H Ross on behalf of Panhandle Citizens for Truth in Gaming Inc (Ross, Derek) (Entered: 01/29/2016)
2016-01-294ENTRY of Appearance by Nicholas V Merkley on behalf of All Plaintiffs (Merkley, Nicholas) (Entered: 01/29/2016)
2016-02-015Summons Reissued Electronically - Alias as to Defendants Department of the Interior, Indian Affairs Bureau of, Attorney General, USAO OKWD. (kw) (Entered: 02/01/2016)
2016-02-186SUMMONS Returned Executed by Panhandle Citizens for Truth in Gaming Inc. Indian Affairs Bureau of served on 2/9/2016. (Attachments: # 1 Exhibit Service by CMRRR)(Ross, Derek) (Entered: 02/18/2016)
2016-02-187SUMMONS Returned Executed by Panhandle Citizens for Truth in Gaming Inc. Department of the Interior served on 2/9/2016. (Attachments: # 1 Exhibit Service by CMRRR)(Ross, Derek) (Entered: 02/18/2016)
2016-03-028ENTRY of Appearance by Rebecca A Frazier on behalf of Department of the Interior (Frazier, Rebecca) (Entered: 03/02/2016)
2016-03-029FIRST MOTION for Extension of Time (Unopposed) by Department of the Interior, Indian Affairs Bureau of. (Frazier, Rebecca) (Entered: 03/02/2016)
2016-03-0310ORDER granting 9 defendants' Unopposed Motion for Extension of Time; directs defendants to answer or otherwise respond to allegations in 1 plaintiff's complaint on or before 03/14/16. Signed by Honorable Lee R. West on 03/03/16. (jy) (Entered: 03/03/2016)
2016-03-03Set/Reset Deadlines: Department of the Interior and Indian Affairs Bureau of answer due 3/14/2016. (jy) (Entered: 03/03/2016)
2016-03-0311ENTRY of Appearance by Rebecca A Frazier on behalf of Indian Affairs Bureau of (Frazier, Rebecca) (Entered: 03/03/2016)
2016-03-1412MOTION to Dismiss or in the Alternative Motion for Summary Judgment with Brief in Support by Department of the Interior, Indian Affairs Bureau of. (Attachments: # 1 Exhibit Roberson Decl with attachments A-C)(Frazier, Rebecca). Added MOTION for Summary Judgment on 3/15/2016 (kw). (Entered: 03/14/2016)
2016-03-15Case Management Entry Only. Set/Reset Deadlines as to 12 MOTION to Dismiss or in the Alternative Motion for Summary Judgment with Brief in Support MOTION for Summary Judgment. Responses due by 4/4/2016. Replies due by 4/11/2016. (jy) (Entered: 03/15/2016)
2016-04-0413RESPONSE in Opposition re 12 MOTION to Dismiss or in the Alternative Motion for Summary Judgment with Brief in Support MOTION for Summary Judgment filed by Panhandle Citizens for Truth in Gaming Inc. (Attachments: # 1 Exhibit 1 - FOIA Request 7-24-15, # 2 Exhibit 2 - Bruner Letter 8-6-15, # 3 Exhibit 3 - Derek Ross Letter 8-19-15, # 4 Exhibit 4 - Maytubby Letter 8-25-15, # 5 Exhibit 5 - Deerinwater Letter 4-7-15, # 6 Exhibit 6 - Bruner Letter 12-2-15, # 7 Exhibit 7 - FOIA Appeal 11-30-15, # 8 Exhibit 8 - Derek Ross Affidavit, # 9 Exhibit 9 - Maytubby Letter 4-28-15)(Ross, Derek) (Entered: 04/04/2016)
2016-04-1114UNOPPOSED MOTION for Extension of Time to File Reply by Department of the Interior, Indian Affairs Bureau of. (Frazier, Rebecca) (Entered: 04/11/2016)
2016-04-1215ORDER granting 14 defendants' Unopposed Motion for Extension of Time; directs defendants to file their reply in support of their 12 Motion to Dismiss or in the Alternative, Motion for Summary Judgment on or before 04/18/16. Signed by Honorable Lee R. West on 04/12/16. (jy) (Entered: 04/12/2016)
2016-04-12Case Management Entry Only. Set/Reset Deadlines as to 12 MOTION to Dismiss or in the Alternative Motion for Summary Judgment with Brief in Support MOTION for Summary Judgment. Replies due by 4/18/2016. (jy) (Entered: 04/12/2016)
2016-04-1816REPLY to Response to Motion re 12 MOTION to Dismiss or in the Alternative Motion for Summary Judgment with Brief in Support MOTION for Summary Judgment filed by Department of the Interior, Indian Affairs Bureau of. (Attachments: # 1 Exhibit Cowan FOIA Request, # 2 Exhibit Declaration of Kristin Roberson with attachments A & B)(Frazier, Rebecca) (Entered: 04/18/2016)
2016-04-2017ORDER granting 12 Agency's Motion to Dismiss, or in the Alternative, Motion for Summary Judgment, to the extent the court dismisses this action without prejudice for lack of subject matter jurisdiction. Signed by Honorable Lee R. West on 04/20/16. (jy) (Entered: 04/20/2016)
2016-04-2018JUDGMENT dismissing action without prejudice for lack of subject matter jurisdiction. Signed by Honorable Lee R. West on 04/20/16. (jy) (Entered: 04/20/2016)
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by FOIA Project Staff
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