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Case TitleBEGAY v. NATIONAL ARCHIVES AND RECORD ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv00782
Date Filed2021-03-22
Date ClosedOpen
JudgeJudge Timothy J. Kelly
PlaintiffIVAN RAY BEGAY
DefendantNATIONAL ARCHIVES AND RECORD ADMINISTRATION OGIS
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [14]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-03-22Initiating Pleading & IFP Application Received on 3/22/2021. A copy of the docket sheet has been mailed to the address of record for the pro se party. (adh, ) (Entered: 03/25/2021)
2021-03-221COMPLAINT against NATIONAL ARCHIVES AND RECORD ADMINISTRATION with Jury Demand filed by IVAN RAY BEGAY. (Attachments: # 1 Exhibit, # 2 Exhibit)(adh, ) (Entered: 03/25/2021)
2021-03-222MOTION for Leave to Proceed in forma pauperis by IVAN RAY BEGAY. (adh, ) (Entered: 03/25/2021)
2021-03-253PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by IVAN RAY BEGAY (adh, ) (Entered: 03/25/2021)
2021-05-044ORDER granting 2 Motion for Leave to Proceed in forma pauperis Signed by Judge Timothy J. Kelly on 5/4/2021. (adh, ) (Entered: 05/04/2021)
2021-05-04Case Assigned to Judge Timothy J. Kelly. (adh, ) (Entered: 05/04/2021)
2021-05-055SUMMONS (3) Issued as to NATIONAL ARCHIVES AND RECORD ADMINISTRATION, U.S. Attorney and U.S. Attorney General, sent to U.S Marshall Service. (adh, ) (Entered: 05/05/2021)
2021-05-216RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL ARCHIVES AND RECORD ADMINISTRATION served on 5/19/2021. (ztth) (Entered: 05/25/2021)
2021-05-267RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/21/2021., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/21/2021. ( Answer due for ALL FEDERAL DEFENDANTS by 7/20/2021.) (zjf) . (Entered: 05/28/2021)
2021-06-01Partial Filing Fee Received from Ivan Begay in the amount of $73.94, receipt number: 4616105635. (fb) (Entered: 06/01/2021)
2021-06-218NOTICE of Appearance by Michael A. Tilghman on behalf of NATIONAL ARCHIVES AND RECORD ADMINISTRATION (Tilghman, Michael) (Entered: 06/21/2021)
2021-06-219MOTION to Dismiss , in Part, and to Strike Jury Demand by NATIONAL ARCHIVES AND RECORD ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael). Added MOTION to Strike on 6/22/2021 (ztth). (Entered: 06/21/2021)
2021-06-2110ANSWER to 1 Complaint by NATIONAL ARCHIVES AND RECORD ADMINISTRATION.(Tilghman, Michael) (Entered: 06/21/2021)
2021-06-2811ORDER advising Plaintiff to respond to Defendant's 9 Partial Motion to Dismiss and to Strike Jury Demand by July 28, 2021, or the Court may treat the Motion as conceded or otherwise dismiss claims in this matter. See Order for further details. Signed by Judge Timothy J. Kelly on 6/28/2021. (psu3) (Entered: 06/28/2021)
2021-06-28Set/Reset Deadlines: Plaintiff's Response due by 7/28/2021. (zkh) (Entered: 06/28/2021)
2021-07-1512RESPONSE re 9 MOTION to Dismiss , in Part, and to Strike Jury Demand MOTION to Strike filed by IVAN RAY BEGAY. (ztth) (Entered: 07/22/2021)
2021-07-23MINUTE ORDER: Upon review of Plaintiff's Opposition 12 to Defendant's Partial Motion to Dismiss and to Strike Jury Demand 9 , the Clerk of Court is hereby directed to mail courtesy copies of the Opposition, ECF No. 12, to both Plaintiff and Defendant at their respective addresses of record. Defendant shall file a Reply, if any, by August 12, 2021. SO ORDERED. Signed by Judge Timothy J. Kelly on 7/23/2021. (psu3) (Entered: 07/23/2021)
2021-07-23Set/Reset Deadlines: Defendant Reply due by 8/12/2021. (zcal) (Entered: 07/27/2021)
2021-08-1213REPLY to opposition to motion re 9 MOTION to Dismiss , in Part, and to Strike Jury Demand MOTION to Strike filed by NATIONAL ARCHIVES AND RECORD ADMINISTRATION. (Tilghman, Michael) (Entered: 08/12/2021)
2021-10-0614MEMORANDUM ORDER granting in part and denying in part Defendant's 9 Motion to Dismiss. See Order for details. Signed by Judge Timothy J. Kelly on 10/06/2021. (lctjk3) (Entered: 10/06/2021)
2021-10-14MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall each file a proposed schedule for briefing or disclosure by November 19, 2021. Signed by Judge Timothy J. Kelly on 10/14/2021. (lctjk3) (Entered: 10/14/2021)
2021-11-1916STATUS REPORT by NATIONAL ARCHIVES AND RECORD ADMINISTRATION. (Tilghman, Michael) (Entered: 11/19/2021)
2021-11-23MINUTE ORDER: Upon consideration of the parties' 15 16 filings, it is hereby ORDERED that the following schedule shall govern further proceedings: Defendant shall file its Motion for Summary Judgment by December 16, 2021; Plaintiff shall file his Opposition and any Cross-Motion for Summary Judgment by January 18, 2022; Defendant shall file its Reply and Opposition by February 8, 2022; and Plaintiff shall file his Reply by March 10, 2022. The Court also notes that based on his 15 filing, Plaintiff now appears to reside in Flagstaff, Arizona. Plaintiff is reminded that Local Civil Rule 5.1(c)(1) requires him to file a Notice of Change of Address with the Clerks Office within 14 days of an address change. The Clerks Office is directed to mail a copy of this order both to Plaintiff's address of record, as well as the Flagstaff, Arizona address reflected in his 15 filing. Signed by Judge Timothy J. Kelly on 11/23/2021. (lctjk3) (Entered: 11/23/2021)
2021-11-23Set/Reset Deadlines: Cross Motions due by 1/18/2022. Response to Cross Motions due by 2/8/2022. Reply to Cross Motions due by 3/10/2022. (zcal) (Entered: 11/24/2021)
2021-12-1017NOTICE of Change of Address by IVAN RAY BEGAY. (ztth) (Entered: 12/14/2021)
2021-12-1618MOTION for Summary Judgment by NATIONAL ARCHIVES AND RECORD ADMINISTRATION. (Attachments: # 1 Memorandum in Support, # 2 Defendant's Statement of Undisputed Material Facts, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Text of Proposed Order)(Tilghman, Michael); Modified Date Filed on 12/17/2021; ECF experienced technical difficulties (ztth). (Entered: 12/17/2021)
2021-12-2119Order advising Plaintiff to respond by January 18, 2022, to Defendant's 18 Motion for Summary Judgment or risk dismissal of the case. See Order for details. Signed by Judge Timothy J. Kelly on 12/21/2021. (lctjk3) (Entered: 12/21/2021)
2022-03-01MINUTE ORDER: Under Local Civil Rule 7(b), if a memorandum in opposition is not filed within 14 days of the filing of a motion, "the Court may treat the motion as conceded." Defendant filed its 18 Motion for Summary Judgment on December 16, 2021. The Court entered a 19 Fox/Neal Order on December 21, 2021, advising the Plaintiff to respond by January 18, 2022, or risk the Court treating the motion as conceded. A copy of that order was sent to Plaintiff's address of record. Accordingly, it is hereby ORDERED that by March 28, 2022, Plaintiff shall show cause why the Court should not treat the Defendant's 18 Motion as conceded. Signed by Judge Timothy J. Kelly on 3/1/2022. (lctjk3) (Entered: 03/01/2022)
2022-03-2120MOTION to Dismiss by IVAN RAY BEGAY. "Leave to file GRANTED" by Judge Timothy J. Kelly on 3/21/2022. (ztth) (Entered: 03/21/2022)
2022-03-22MINUTE ORDER granting Plaintiff's 20 Motion for Voluntary Dismissal and denying as moot Defendant's 18 Motion for Summary Judgment. Upon consideration of Plaintiff's 20 Motion for Voluntary Dismissal, it is hereby ORDERED that the case is DISMISSED pursuant to Fed. R. Civ. P. 41(a)(2). It is further ORDERED that Defendant's 18 Motion for Summary Judgment is DENIED AS MOOT. The Clerk's Office is directed to close the case. Signed by Judge Timothy J. Kelly on 3/22/2022. (lctjk3) (Entered: 03/22/2022)
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by FOIA Project Staff
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