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Case TitleReyes v. United States Department of the Interior, Office of the Solicitor et al
DistrictSouthern District of California
CitySan Diego
Case Number3:2017cv01417
Date Filed2017-07-13
Date Closed2019-02-04
JudgeJudge John A. Houston
PlaintiffEmilio Reyes
Case DescriptionEmilio Reyes submitted two FOIA requests to the Bureau of Indian Affairs for records concerning an individual who was a deceased member of the San Pasqual tribe. Reyes alleged that the agency failed to process either request, although it did assign a tracking number to his third request. Reyes filed an administrative appeal, but after hearing nothing further from the agency, Reyes filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Recovery of Costs

DefendantUnited States Department of the Interior, Office of the Solicitor
DefendantUnited States Department of the Interior, Bureau of Indian Affairs
DefendantRyan Zinke in his official capacity and as Secretary of the United States Department of the Interior
DefendantRyan Zinke in his official capacity and as Secretary of the United States Department of the Interior
TERMINATED: 11/02/2017
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-07-131COMPLAINT against All Defendants, IFP Filed, filed by Emilio Reyes. (Attachments: # 1 Civil Cover Sheet) The new case number is 3:17-cv-1417-AJB-NLS. Judge Anthony J. Battaglia and Magistrate Judge Nita L. Stormes are assigned to the case.(dsn) (sjt). (Entered: 07/13/2017)
2017-07-132MOTION for Leave to Proceed in forma pauperis by Emilio Reyes. (dsn) (Entered: 07/13/2017)
2017-07-173NOTICE OF RELATED CASE(S) by United States Department of the Interior, Bureau of Indian Affairs of case(s) 17cv1187; 17cv1188; 17cv1189; 17cv1190; 17cv1191; 17cv1192; 17cv1193; 17cv1194; 17cv1195; 17cv1196; 17cv1197; 17cv1417; 17cv1418; 17cv1419; 17cv1420 . (Attachments: # 1 Proof of Service)(Church, Rebecca)(acc). LNO prepared on 7/26/2017 (jao). (Entered: 07/17/2017)
2017-07-244ORDER granting 2 Motion for Leave to Proceed in forma pauperis. US Marshal shall effect service of complaint. Signed by Judge Anthony J. Battaglia on 7/24/2017. (All non-registered users served via U.S. Mail Service) (Certified Copy to USM) (acc) (Entered: 07/25/2017)
2017-07-255Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. Summons will be mailed to plaintiffs not receiving notice electronically. (Attachments: # 1 IFP Letter)(acc) (Entered: 07/25/2017)
2017-08-076SUMMONS Returned Executed by Emilio Reyes. United States Department of the Interior, Bureau of Indian Affairs, United States Department of the Interior, Office of the Solicitor served. (acc) (Entered: 08/07/2017)
2017-08-147SUMMONS Returned Executed by Emilio Reyes. Ryan Zinke served. (acc) (Entered: 08/14/2017)
2017-08-168SUMMONS Returned Executed by Emilio Reyes. Office of the Attorney General - Department of Justice served. (mxn) (Entered: 08/17/2017)
2017-08-229ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to Judge John A. Houston and Magistrate Judge Ruben B. Brooks for all further proceedings. Judge Anthony J. Battaglia, Magistrate Judge Nita L. Stormes no longer assigned to case. Create association to 3:17-cv-01190-JAH-RBB. The new case number is 17-cv-1417-JAH-RBB. Signed by Judge Anthony J. Battaglia on 8/22/2017. Signed by Judge John Houston on 8/18/2017.(All non-registered users served via U.S. Mail Service)(acc) (Entered: 08/23/2017)
2017-08-2310SUMMONS Returned Executed by Emilio Reyes. United States Department of the Interior, Office of the Solicitor served. (acc) (Entered: 08/24/2017)
2017-09-0511MOTION to Dismiss Party (Individual Defendant) by United States Department of the Interior, Bureau of Indian Affairs, United States Department of the Interior, Office of the Solicitor, Ryan Zinke. (Attachments: # 1 Memo of Points and Authorities, # 2 Proof of Service)(Parker, Katherine)Attorney Katherine Lind Parker added to party United States Department of the Interior, Bureau of Indian Affairs (pty:dft), Attorney Katherine Lind Parker added to party United States Department of the Interior, Office of the Solicitor(pty:dft), Attorney Katherine Lind Parker added to party Ryan Zinke(pty:dft) (Entered: 09/05/2017)
2017-10-3012Notice of Document Discrepancies and Order Thereon by Judge John A. Houston Accepting Document: Plaintiffs Statement of Non-Opposition to Motion for Dismissal., from Plaintiff Emilio Reyes. Non-compliance with local rule(s), Civ. L. Rule 7.1: Date noticed for hearing not in compliance with rules/documents are not timely. Nunc Pro Tunc 10/05/2017. Signed by Judge John A. Houston on 10/30/2017.(All non-registered users served via U.S. Mail Service)(jpp) (Entered: 10/30/2017)
2017-10-3013Statement of NON Opposition re 11 MOTION to Dismiss Party (Individual Defendant) , filed by Emilio Reyes. NUNC(jpp) (Entered: 10/30/2017)
2017-11-0214ORDER granting 11 Defendant's Motion to Dismiss. Defendant Ryan Zinke is DISMISSED with prejudice. Signed by Judge John A. Houston on 11/02/2017. (All non-registered users served via U.S. Mail Service)(jpp) (Entered: 11/02/2017)
2017-12-0715ANSWER to 1 Complaint, by United States Department of the Interior, Bureau of Indian Affairs, United States Department of the Interior, Office of the Solicitor. (Attachments: # 1 Proof of Service)(Church, Rebecca)Attorney Rebecca Grace Church added to party United States Department of the Interior, Bureau of Indian Affairs (pty:dft), Attorney Rebecca Grace Church added to party United States Department of the Interior, Office of the Solicitor(pty:dft) (jpp). (Entered: 12/07/2017)
2017-12-1216NOTICE AND ORDER for Early Neutral Evaluation Conference. Early Neutral Evaluation set for 2/7/2018 01:30 PM in Courtroom 2C before Magistrate Judge Ruben B. Brooks. Signed by Magistrate Judge Ruben B. Brooks on 12/12/2017.(All non-registered users served via U.S. Mail Service)(jpp) (Entered: 12/12/2017)
2018-02-0817Minute Order for proceedings held before Magistrate Judge Ruben B. Brooks. Early Neutral Evaluation Conference held on 2/8/2018. Settlement Conference set for 5/16/2018 at 1:30pm. Signed by Magistrate Judge Ruben B. Brooks on 2/08/2018. (All non-registered users served via U.S. Mail Service)(jpp) (Entered: 02/08/2018)
2018-02-0818SCHEDULING ORDER regulating discovery and other pre-trial proceedings: Settlement Conference set for 5/16/2018 01:30 PM in Courtroom 2C before Magistrate Judge Ruben B. Brooks. Proposed Pretrial Order due by 6/17/2019. Final Pretrial Conference set for 6/24/2019 02:30 PM in Courtroom 13B before Judge John A. Houston. Signed by Magistrate Judge Ruben B. Brooks on 2/08/2018.(All non-registered users served via U.S. Mail Service)(jpp) (Entered: 02/08/2018)
2018-03-2219MINUTE ORDER - Due to a conflict on the Courts calendar, the Court resets the settlement conference currently scheduled for May 16, 2018, at 1:30 p.m. to June 27, 2018, at 1:30 p.m. The parties shall submit a joint settlement status report directly to chambers by June 20, 2018. Signed by Magistrate Judge Ruben B. Brooks on 3/22/2018.(All non-registered users served via U.S. Mail Service)(jpp) (Entered: 03/22/2018)
2018-06-2020MINUTE ORDER - Due to a conflict on the Courts calendar, the settlement conference scheduled for June 27, 2018, at 1:30 p.m. is reset to July 10, 2018, at 10:00am. All other guidelines and requirements remain in effect.Signed by Magistrate Judge Ruben B. Brooks on 6/20/2018.(All non-registered users served via U.S. Mail Service)(jpp) (Entered: 06/20/2018)
2018-07-1121MINUTE ORDER: A settlement conference was held. A settlement conference is set for 1/15/2019 at 2:00 p.m. before Magistrate Judge Ruben B. Brooks. The parties shall submit a joint settlement status report by 1/8/2019. Signed by Magistrate Judge Ruben B. Brooks on 7/10/2018.(All non-registered users served via U.S. Mail Service)(mpl) (Entered: 07/11/2018)
2019-01-0322Ex Parte MOTION to Stay During Lapse in Federal Appropriations by United States Department of the Interior, Office of the Solicitor. (Attachments: # 1 Proof of Service)(Norris, Brett)Attorney Brett Norris added to party United States Department of the Interior, Office of the Solicitor(pty:dft) (dlg). (Entered: 01/03/2019)
2019-01-0423ORDER granting 22 Motion to Stay During Lapse in Federal Appropriations. Signed by Judge John A. Houston on 1/3/19. (All non-registered users served via U.S. Mail Service)(dlg) (Entered: 01/04/2019)
2019-01-0824MINUTE ORDER - In light of the stay in effect in these matters due to the lapse in federal appropriations, the Court continues the settlement conference set for January 15, 2018 to February 26, 2019, at 2:00 p.m. The parties shall submit ajoint settlement status report by February 19, 2019. As the date of the settlement conference approaches, the Court will reevaluate whether a further continuance is required if Congress has not yet appropriated funds by that time. Signed by Magistrate Judge Ruben B. Brooks on 1/08/2019.(All non-registered users served via U.S. Mail Service)(jpp) (Entered: 01/08/2019)
2019-02-0125Joint MOTION to Amend/Correct 24 Order,,, Set Hearings,,, Terminate Hearings,, 18 Scheduling Order, Regarding Lift of Stay by United States Department of the Interior, Bureau of Indian Affairs, United States Department of the Interior, Office of the Solicitor. (Attachments: # 1 Proof of Service)(Church, Rebecca) (jpp). (Entered: 02/01/2019)
2019-02-0126Joint MOTION to Dismiss by United States Department of the Interior, Bureau of Indian Affairs, United States Department of the Interior, Office of the Solicitor. (Attachments: # 1 Proof of Service)(Church, Rebecca) (jpp). (Entered: 02/01/2019)
2019-02-0427ORDER granting 26 Joint Motion to Dismiss case without prejudice. Signed by Judge John A. Houston on 2/02/2019. (All non-registered users served via U.S. Mail Service)(jpp) (sjt). (Entered: 02/04/2019)
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by FOIA Project Staff
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