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Case TitleCHAVIS v. UNITED STATES DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv00639
Date Filed2020-03-04
Date Closed2020-12-08
JudgeChief Judge Beryl A. Howell
PlaintiffDANA C. HANSEN CHAVIS
Case DescriptionDana Chavis, an attorney for the Public Defender Services of Eastern Tennessee, submitted a FOIA request to the Bureau of Alcohol, Tobacco and Firearms for records concerning the case of David Runyon, who was being represented by the Public Defender Services of Eastern Tennessee. The agency acknowledged receipt of the request. The agency denied the request under Exemption 7(A) (interference with ongoing investigation or proceeding). Chavis filed an administrative appeal of that decision with the Office of Information Policy. OIP upheld the BATF's decision. Chavis then filed suit.
Complaint issues: Adequacy - Search

DefendantUNITED STATES DEPARTMENT OF JUSTICE
DefendantBUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES
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
Complaint attachment 10
Complaint attachment 11
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-03-041COMPLAINT against BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, UNITED STATES DEPARTMENT OF JUSTICE (Fee Status:Filing Fee Waived) filed by DANA C. HANSEN CHAVIS. (Attachments: # 1 Attachment A: Jun. 15, 2016 FOIA/PA Request, # 2 Attachment B: Jun. 21, 2016 ATF Response, # 3 Attachment C: Jul. 18, 2016 Certificate of Identity, # 4 Attachment D: Nov. 1, 2018 ATF Denial, # 5 Attachment E: Jan. 7, 2019 Appeal Denial, # 6 Attachment F: May 21, 2019 USDOJ Appeal Denial, # 7 Civil Cover Sheet, # 8 Summons ATF, # 9 Summons U.S. Attorney General, # 10 Summons USDOJ, # 11 Summons U.S. Attorney District of Columbia)(Kissinger, Stephen) (Entered: 03/04/2020)
2020-03-05Case Assigned to Chief Judge Beryl A. Howell. (zsb) (Entered: 03/05/2020)
2020-03-052SUMMONS (4) Issued Electronically as to BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 03/05/2020)
2020-03-053STANDING ORDER. Signed by Chief Judge Beryl A. Howell on March 5, 2020. (lcbah4) (Entered: 03/05/2020)
2020-04-134NOTICE of Appearance by Sian Jones on behalf of All Defendants (Jones, Sian) (Entered: 04/13/2020)
2020-04-155Unopposed MOTION for Extension of Time to Respond by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 04/15/2020)
2020-04-15MINUTE ORDER (paperless) GRANTING defendants' 5 Unopposed Motion for Extension of Time to Respond and further DIRECTING defendants to respond to plaintiff's complaint by May 22, 2020. Signed by Chief Judge Beryl A. Howell on April 15, 2020. (lcbah4) (Entered: 04/15/2020)
2020-04-15Set/Reset Deadlines: Answer to the Complaint due by 5/22/2020. (tg) (Entered: 04/15/2020)
2020-04-176RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES served on 3/23/2020; UNITED STATES DEPARTMENT OF JUSTICE served on 3/24/2020, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/24/2020., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/24/2020. ( Answer due for ALL FEDERAL DEFENDANTS by 4/23/2020.) (Kissinger, Stephen) (Entered: 04/17/2020)
2020-05-227ANSWER to Complaint by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, UNITED STATES DEPARTMENT OF JUSTICE.(Jones, Sian) (Entered: 05/22/2020)
2020-07-27MINUTE ORDER (paperless) DIRECTING the parties to comply with the 3 Standing Order. More than 14 days has passed since defendant filed its 7 Answer, but the parties have failed to "jointly prepare and submit a report to the Court... indicating whether the agency has made a final determination 'whether to comply' with any FOIA request at issue, [5 U.S.C.] § 552(a)(6)(A)(i)," as required by the Standing Order. See Standing Order ¶ 3(b)(ii). The parties are therefore ORDERED, by July 31, 2020, jointly to file the required report and an explanation for failure to comply with the Court's Standing Order. Signed by Chief Judge Beryl A. Howell on July 27, 2020. (lcbah4) (Entered: 07/27/2020)
2020-07-28Set/Reset Deadlines: Joint response to Order of the Court due by 7/31/2020. (ztg) (Entered: 07/28/2020)
2020-07-318Joint STATUS REPORT by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, UNITED STATES DEPARTMENT OF JUSTICE. (Jones, Sian) (Entered: 07/31/2020)
2020-08-03MINUTE ORDER (paperless) ENTERING, in light of the parties' 8 Joint Status Report, the following SCHEDULING ORDER: 1) by October 8, 2020, defendants shall file their motion for summary judgment; 2) by November 25, 2020, plaintiff shall file her opposition and any cross-motion for summary judgment; 3) by January 11, 2021, defendants shall file their reply in support of their motion for summary judgment and their opposition to any cross-motion for summary judgment; 4) by February 1, 2021, plaintiff shall file her reply in support of any cross-motion for summary judgment. Signed by Chief Judge Beryl A. Howell on August 3, 2020. (lcbah4) (Entered: 08/03/2020)
2020-08-04Set/Reset Deadlines: Defendants' motion for summary judgment due by 10/8/2020. Plaintiff's opposition and cross-motion for summary judgment due by 11/25/2020. Defendants' reply in support of their motion for summary judgment and opposition to any cross-motion for summary judgment due by 1/11/2021. Plaintiff's reply in support of any cross-motion for summary judgment due by 2/1/2021. (hmc) (Entered: 08/04/2020)
2020-10-029Consent MOTION for Extension of Time to Briefing Schedule by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 10/02/2020)
2020-10-07MINUTE ORDER (paperless) GRANTING the defendants' 9 Consent Motion to Extend Briefing Schedule and ENTERING the following SCHEDULING ORDER: 1) by November 9, 2020, defendants shall file their motion for summary judgment; 2) by December 28, 2020, plaintiff shall file her opposition and any cross-motion for summary judgment; 3) by February 10, 2021, defendants shall file their reply in support of their motion for summary judgment and their opposition to any cross-motion for summary judgment; 4) by March 3, 2021, plaintiff shall file her reply in support of any cross-motion for summary judgment. Signed by Chief Judge Beryl A. Howell on October 7, 2020. (lcbah4) (Entered: 10/08/2020)
2020-10-08Set/Reset Deadlines: Summary Judgment motion due by 11/9/2020; cross-motion and opposition to motion for summary judgment due by 12/28/2020; opposition to cross-motion and reply in support to motion for summary judgment due by 2/10/2021; reply in support to cross-motion due by 3/3/2021. (ztg) (Entered: 10/08/2020)
2020-11-0310Unopposed MOTION for Extension of Time to Briefing Schedule by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 11/03/2020)
2020-11-04MINUTE ORDER (paperless) GRANTING defendant's 10 Unopposed Motion to Extend Briefing Schedule, and ENTERING the following SCHEDULING ORDER: 1) by December 23, 2020, defendants shall file their motion for summary judgment; 2) by February 11, 2021, plaintiff shall file her opposition and any cross-motion for summary judgment; 3) by March 29, 2021, defendants shall file their reply in support of their motion for summary judgment and their opposition to any cross-motion for summary judgment; and 4) by April 19, 2021, plaintiff shall file her reply in support of any cross-motion for summary judgment. Signed by Chief Judge Beryl A. Howell on November 4, 2020. (lcbah4) (Entered: 11/04/2020)
2020-11-05Set/Reset Deadlines: Defendants' summary judgment motion due by 12/23/2020; plaintiff's cross-motion and opposition to defendants' motion for summary judgment due by 2/11/2021; defendants' opposition to plaintiff's cross-motion and reply in support of their motion for summary judgment due by 3/29/2021; plaintiff's reply in support of his cross-motion due by 4/19/2021. (ztg) (Entered: 11/05/2020)
2020-12-0811STIPULATION of Dismissal by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, UNITED STATES DEPARTMENT OF JUSTICE. (Jones, Sian) (Entered: 12/08/2020)
2020-12-08MINUTE ORDER (paperless) DISMISSING this case, with prejudice, in light of the parties' 11 Stipulation of Dismissal with Prejudice. The Clerk is directed to close this case. Signed by Chief Judge Beryl A. Howell on December 8, 2020. (lcbah4) (Entered: 12/08/2020)
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by FOIA Project Staff
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