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Case TitleWILSON et al v. FEDERAL BUREAU OF PRISONS
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv02190
Date Filed2020-08-04
Date ClosedOpen
JudgeJudge Ana C. Reyes
PlaintiffSCOTT WILSON in his capacity us Utah Federal Public Defender
PlaintiffKATHRYN NESTER in her capacity as prior Utah Federal Public Defender
Case DescriptionScott Wilson and Kathyrn Nester, both attorneys for the Utah Federal Public Defender's Office, submitted two FOIA requests to the Bureau of Prisons for records concerning two prisoners, Danny Fortner and David Paul Wengler. Wilson provided privacy waivers from both Fortner and Wengler. The agency acknowledged receipt of the requests. The agency did not respond to the request on Fortner but provided 363 pages of records in response to the Wengler request. The majority of the disclosed records contained redactions. Wilson filed an administrative appeal of the redactions. The Office of Information Policy declined to process the appeal because the case was now subject to litigation. Wilson then filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantFEDERAL BUREAU OF PRISONS
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-08-04Initiating Pleading & IFP Application Received on 8/4/2020. A copy of the docket sheet has been mailed to the address of record for the pro se party. (zmd) (Entered: 08/11/2020)
2020-08-041COMPLAINT against FEDERAL BUREAU OF PRISONS filed by SCOTT WILSON, KATHRYN NESTER. (Attachments: # 1 Civil Cover Sheet) (zmd) (Entered: 08/11/2020)
2020-08-042MOTION for Leave to Proceed in forma pauperis by KATHRYN NESTER, SCOTT WILSON. (zmd) (Entered: 08/11/2020)
2020-08-043NOTICE of Appearance- Pro Bono by Nathan Phelps on behalf of KATHRYN NESTER, SCOTT WILSON. (zmd) (Entered: 08/11/2020)
2020-08-11MINUTE ORDER: It is hereby ORDERED that the application to proceed in forma pauperis 2 is GRANTED. It is further ORDERED that the Clerk of Court shall assign this case randomly to a judge for further proceedings. Signed by Judge Colleen Kollar-Kotelly on 8/11/20. (psu2) (Entered: 08/11/2020)
2020-08-12Case Assigned to Judge James E. Boasberg. (adh, ) (Entered: 08/12/2020)
2020-08-12MINUTE ORDER: The Court ORDERS that the Clerks Office shall direct the USMS to effect prompt service of the Summons and Complaint on Defendant. So ORDERED by Judge James E. Boasberg on 08/12/2020. (lcjeb2) (Entered: 08/12/2020)
2020-09-034SUMMONS (3) Issued as to FEDERAL BUREAU OF PRISONS, U.S. Attorney and U.S. Attorney General sent to the U.S. Marshals Service (zsb) (Entered: 09/03/2020)
2020-10-08MINUTE ORDER: Given that no service has yet occurred, the Court ORDERS that the Clerk shall direct the USMS to effect service on Defendant by November 10, 2020. So ORDERED by Judge James E. Boasberg on 10/08/2020. (lcjeb2) (Entered: 10/08/2020)
2020-10-275RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/23/2020. Answer due for ALL FEDERAL DEFENDANTS by 11/22/2020. (zrdj) (Entered: 10/27/2020)
2020-10-276RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/21/2020. (See Docket Entry 5 to view document) (zjf) (Entered: 10/28/2020)
2020-10-277RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF PRISONS served on 10/21/2020 (zrdj) (Entered: 10/28/2020)
2020-11-178NOTICE of Appearance by Kathleene A. Molen on behalf of FEDERAL BUREAU OF PRISONS (Molen, Kathleene) (Entered: 11/17/2020)
2020-11-239ANSWER to 1 Complaint by FEDERAL BUREAU OF PRISONS.(Molen, Kathleene) (Entered: 11/23/2020)
2020-11-24MINUTE ORDER: An Initial Scheduling Conference is set for January 5, 2021, at 11:00 a.m. The parties shall meet, confer, and submit a joint report pursuant to FRCP 26(f) and Local Rule 16.3. So ORDERED by Judge James E. Boasberg on 11/24/2020. (lcjeb2) (Entered: 11/24/2020)
2020-11-24Set/Reset Hearings: Initial Scheduling Conference set for 1/5/2021 at 11:00 AM in Telephonic/VTC before Judge James E. Boasberg. (znbn) (Entered: 11/24/2020)
2020-12-07Set/Reset Deadlines: Responses due by 12/22/2020. Replies due by 1/19/2021. (znbn) (Entered: 12/08/2020)
2020-12-1810Joint STATUS REPORT by FEDERAL BUREAU OF PRISONS. (Molen, Kathleene) (Entered: 12/18/2020)
2020-12-18MINUTE ORDER: The Court ADOPTS the parties' 10 Joint Status Report and ORDERS that they shall file a further joint status report by February 8, 2021. So ORDERED by Judge James E. Boasberg on 12/18/2020. (lcjeb2) (Entered: 12/18/2020)
2021-01-04MINUTE ORDER: The Court ORDERS that the initial scheduling conference set for January 5, 2021, at 11 a.m. is hereby VACATED. So ORDERED by Judge James E. Boasberg on 1/4/2021. (lcjeb2) (Entered: 01/04/2021)
2021-02-0511Joint STATUS REPORT by FEDERAL BUREAU OF PRISONS. (Molen, Kathleene) (Entered: 02/05/2021)
2021-02-08MINUTE ORDER: The Court ADOPTS the parties' 11 Joint Status Report and ORDERS that they shall file a further joint status report by March 8, 2021. So ORDERED by Judge James E. Boasberg on 2/8/2021. (lcjeb2) (Entered: 02/08/2021)
2021-02-08Set/Reset Deadlines: Joint Status Report due by 3/8/2021. (znbn) (Entered: 02/09/2021)
2021-03-0812Joint STATUS REPORT by FEDERAL BUREAU OF PRISONS. (Molen, Kathleene) (Entered: 03/08/2021)
2021-03-09MINUTE ORDER: The Court ADOPTS the parties' 12 Joint Status Report and ORDERS that they shall file a further joint status report by April 8, 2021. So ORDERED by Judge James E. Boasberg on 03/09/2021. (lcjeb2) (Entered: 03/09/2021)
2021-03-09Set/Reset Deadlines: Status Report due by 4/8/2021. (znbn) (Entered: 03/09/2021)
2021-04-0813Joint STATUS REPORT by FEDERAL BUREAU OF PRISONS. (Molen, Kathleene) (Entered: 04/08/2021)
2021-04-08MINUTE ORDER: The Court ADOPTS the parties' 13 Joint Status Report and ORDERS that they shall file a further joint status report by May 8, 2021. So ORDERED by Judge James E. Boasberg on 4/8/2021. (lcjeb2) (Entered: 04/08/2021)
2021-04-08Set/Reset Deadlines: Joint Status Report due by 5/8/2021. (nbn) (Entered: 04/09/2021)
2021-05-0714Joint STATUS REPORT by FEDERAL BUREAU OF PRISONS. (Molen, Kathleene) (Entered: 05/07/2021)
2021-05-10MINUTE ORDER: The Court ADOPTS the parties' 14 Joint Status Report and ORDERS that they shall file a further joint status report by June 8, 2021. So ORDERED by Judge James E. Boasberg on 5/10/2021. (lcjeb2) (Entered: 05/10/2021)
2021-05-10Set/Reset Deadlines: Joint Status Report due by 6/8/2021. (nbn) (Entered: 05/12/2021)
2021-06-0815Joint STATUS REPORT by FEDERAL BUREAU OF PRISONS. (Molen, Kathleene) (Entered: 06/08/2021)
2021-06-09MINUTE ORDER: The Court ADOPTS the parties' 15 Joint Status Report and ORDERS that they shall file a further joint status report by July 8, 2021. So ORDERED by Judge James E. Boasberg on 6/9/2021. (lcjeb2) (Entered: 06/09/2021)
2021-06-10Set/Reset Deadlines: Joint Status Report due by 7/8/2021 (lsj) (Entered: 06/10/2021)
2021-07-0816Joint STATUS REPORT by FEDERAL BUREAU OF PRISONS. (Molen, Kathleene) (Entered: 07/08/2021)
2021-07-08MINUTE ORDER: The Court ADOPTS the parties' 16 Joint Status Report and ORDERS that they shall file a further joint status report by August 6, 2021. So ORDERED by Judge James E. Boasberg on 7/8/2021. (lcjeb1) (Entered: 07/08/2021)
2021-07-08Set/Reset Deadlines: Joint Status Report due by 8/6/2021. (znbn) (Entered: 07/09/2021)
2021-08-0617Joint STATUS REPORT by FEDERAL BUREAU OF PRISONS. (Molen, Kathleene) (Entered: 08/06/2021)
2021-08-09MINUTE ORDER: The Court ADOPTS the parties' 17 Joint Status Report and ORDERS that they shall file a further joint status report by September 20, 2021. So ORDERED by Judge James E. Boasberg on 08/09/2021. (lcjeb2) (Entered: 08/09/2021)
2021-08-10Set/Reset Deadlines: Joint Status Report due by 9/20/2021 (lsj) (Entered: 08/10/2021)
2021-09-2018Joint STATUS REPORT by FEDERAL BUREAU OF PRISONS. (Molen, Kathleene) (Entered: 09/20/2021)
2021-09-21MINUTE ORDER: The Court ADOPTS the parties' 18 Joint Status Report and ORDERS that they shall file a further joint status report by October 20, 2021. So ORDERED by Judge James E. Boasberg on 9/21/2021. (lcjeb2) (Entered: 09/21/2021)
2021-09-21Set/Reset Deadlines: Status Report due by 10/20/2021. (znbn) (Entered: 09/22/2021)
2021-10-01Case directly reassigned to Judge Florence Y. Pan. Judge James E. Boasberg is no longer assigned to the case. (rj) (Entered: 10/01/2021)
2021-10-2019Joint STATUS REPORT by FEDERAL BUREAU OF PRISONS. (Molen, Kathleene) (Entered: 10/20/2021)
2021-10-22MINUTE ORDER. Upon consideration of the parties' 19 Joint Status Report, the parties are directed to file another joint status report on or before November 19, 2021. Signed by Judge Florence Y. Pan on 10/22/21. (lcrl) (Entered: 10/22/2021)
2021-10-22Set/Reset Deadlines: Joint Status Report due by 11/19/2021. (zacr) (Entered: 10/22/2021)
2021-11-0820NOTICE OF SUBSTITUTION OF COUNSEL by Derek S. Hammond on behalf of All Defendants Substituting for attorney Kathleene A. Molen (Hammond, Derek) (Entered: 11/08/2021)
2021-11-1921Joint STATUS REPORT by FEDERAL BUREAU OF PRISONS. (Hammond, Derek) (Entered: 11/19/2021)
2021-11-22MINUTE ORDER. Upon consideration of the parties' 21 Joint Status Report, the parties are directed to file another joint status report on or before January 19, 2022. Signed by Judge Florence Y. Pan on 11/22/2021. (lcsw) (Entered: 11/22/2021)
2021-11-23Set/Reset Deadlines: Joint Status Report due by 1/19/2022. (zacr) (Entered: 11/23/2021)
2022-01-1922Joint STATUS REPORT by FEDERAL BUREAU OF PRISONS. (Hammond, Derek) (Entered: 01/19/2022)
2022-01-20MINUTE ORDER. Upon consideration of the parties' 22 Joint Status Report, the parties are directed to file another joint status report on or before March 18, 2022. Signed by Judge Florence Y. Pan on 1/20/2022. (lcrl) (Entered: 01/20/2022)
2022-01-20Set/Reset Deadlines: Joint Status Report due by 3/18/2022. (zacr) (Entered: 01/21/2022)
2022-03-1823Joint STATUS REPORT by FEDERAL BUREAU OF PRISONS. (Hammond, Derek) (Entered: 03/18/2022)
2022-03-21MINUTE ORDER. Upon consideration of the parties' 23 Joint Status Report, the parties are directed to file another joint status report on or before June 17, 2022, and every 60 days thereafter. Signed by Judge Florence Y. Pan on 3/21/2022. (lcrl) (Entered: 03/21/2022)
2022-03-21Set/Reset Deadlines: Joint Status Report due by 6/17/2022. (zacr) (Entered: 03/21/2022)
2022-06-1724NOTICE of Appearance by Diana Viggiano Valdivia on behalf of FEDERAL BUREAU OF PRISONS (Valdivia, Diana) (Entered: 06/17/2022)
2022-06-1725Joint STATUS REPORT by FEDERAL BUREAU OF PRISONS. (Valdivia, Diana) (Entered: 06/17/2022)
2022-08-1626Joint STATUS REPORT by FEDERAL BUREAU OF PRISONS. (Valdivia, Diana) (Entered: 08/16/2022)
2022-09-23Judge Florence Y. Pan has been elevated to serve on the U.S. Court of Appeals for the D.C. Circuit. She is therefore no longer assigned to this case, and this matter has been reassigned to the Calendar Committee, which will oversee it until it is assigned to another district judge. Any questions should be directed to Judge Pan's former deputy clerk, Samantha Calloway, at 202-354-3163 or samantha_calloway@dcd.uscourts.gov. (ztnr) (Entered: 09/23/2022)
2022-10-1727Joint STATUS REPORT by FEDERAL BUREAU OF PRISONS. (Hammond, Derek) (Entered: 10/17/2022)
2023-01-3028Joint STATUS REPORT by FEDERAL BUREAU OF PRISONS. (Hammond, Derek) (Entered: 01/30/2023)
2023-02-24Case directly reassigned to District Judge Ana C. Reyes. Circuit Judge Florence Y Pan is no longer assigned to the case. (ztnr) (Entered: 02/24/2023)
2023-03-3129Joint STATUS REPORT by FEDERAL BUREAU OF PRISONS. (Hammond, Derek) (Entered: 03/31/2023)
2023-05-3030Joint STATUS REPORT by FEDERAL BUREAU OF PRISONS. (Hammond, Derek) (Entered: 05/30/2023)
2023-07-0331NOTICE OF SUBSTITUTION OF COUNSEL by Erika Kirstie Oblea on behalf of FEDERAL BUREAU OF PRISONS Substituting for attorney Derek S. Hammond and Diana Viggiano Valdivia (Oblea, Erika) (Entered: 07/03/2023)
2023-07-2732Joint STATUS REPORT by FEDERAL BUREAU OF PRISONS. (Oblea, Erika) (Entered: 07/27/2023)
2023-09-2933Joint STATUS REPORT by FEDERAL BUREAU OF PRISONS. (Oblea, Erika) (Entered: 09/29/2023)
2023-11-2834Joint STATUS REPORT by FEDERAL BUREAU OF PRISONS. (Tepe, Sean) (Entered: 11/28/2023)
2023-11-2835NOTICE of Appearance by Sean Michael Tepe on behalf of FEDERAL BUREAU OF PRISONS (Tepe, Sean) (Entered: 11/28/2023)
2024-01-2936Joint STATUS REPORT by FEDERAL BUREAU OF PRISONS. (Tepe, Sean) (Entered: 01/29/2024)
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