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Case TitleAYERS v. UNITED STATES DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv02852
Date Filed2022-09-20
Date ClosedOpen
JudgeJudge Randolph D. Moss
PlaintiffHOLLY C. AYERS
Case DescriptionHolly Ayers, an investigator for the Federal Public Defender's Office for the Northern District of Florida, submitted FOIA requests to the FBI for records concerning the murder conviction of Gary Hilton, who was being represented on appeal by the Public Defender's Office. The agency acknowledged receipt of the requests and disclosed some records and withheld others. Ayers filed an administrative appeal of those withholdings but after hearing nothing further from the agency, Ayers filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF JUSTICE
DefendantFEDERAL BUREAU OF INVESTIGATION
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-09-201CIVIL COVER SHEET by HOLLY C. AYERS filed by Holly Courtney Ayers.(Ottervanger, Kara) Modified on 9/20/2022 to edit docket text (znmg). (Entered: 09/20/2022)
2022-09-202COMPLAINT Holly C. Ayers against UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (Fee Status:Filing Fee Waived) filed by Holly Courtney Ayers. (Attachments: # 1 Appendix Exhibits)(Ottervanger, Kara) Modified on 9/20/2022 to edit docket text (znmg). (Entered: 09/20/2022)
2022-09-203MOTION to WAIVE FILING FEE by HOLLY C. AYERS. (Ottervanger, Kara) (Entered: 09/20/2022)
2022-09-20NOTICE OF ERROR re 2 Complaint; emailed to kara_ottervanger@fd.org, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. In Forma Pauperis Request e-filed without leave of court. In the future, do not file these kinds of cases electronically. (znmg, ) (Entered: 09/20/2022)
2022-09-20Initiating Pleading & IFP Application Received on 09/20/2022. A copy of the docket sheet has been mailed to the address of record for the pro se party. (znmg) (Entered: 09/20/2022)
2022-10-134ORDER granting 3 Motion for Leave to Proceed in forma pauperis. Signed by Judge Colleen Kollar-Kotelly on 10/13/2022. (zcb, ) (Entered: 10/25/2022)
2022-10-25Case Assigned to Judge Randolph D. Moss. (zcb, ) (Entered: 10/25/2022)
2022-10-275STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 10/27/2022. (lcrdm1) (Entered: 10/27/2022)
2022-10-276SUMMONS (4) Issued as to All Defendants, U.S. Attorney and U.S. Attorney General; sent to U.S. Marshals Service. (zcb, ) Modified on 10/27/2022 (znmw). (Entered: 10/27/2022)
2022-11-017RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 10/31/2022; UNITED STATES DEPARTMENT OF JUSTICE served on 10/31/2022, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/31/2022. ( Answer due for ALL FEDERAL DEFENDANTS by 11/30/2022.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/31/2022. (zjm) (Entered: 11/02/2022)
2022-11-288NOTICE of Appearance by Thomas Duffey on behalf of FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE (Duffey, Thomas) (Entered: 11/28/2022)
2022-11-289Consent MOTION for Extension of Time to File Answer re 2 Complaint, with proposed order by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Duffey, Thomas) (Entered: 11/28/2022)
2022-11-29MINUTE ORDER: Upon consideration of Defendants' consent motion for extension of time to file their answer, Dkt. 9 , it is hereby ORDERED that the motion is GRANTED. Defendants shall answer or otherwise respond to the complaint on or before January 5, 2023. Signed by Judge Randolph D. Moss on 11/29/2022. (lcrdm1) (Entered: 11/29/2022)
2023-01-0510ANSWER to Complaint by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE.(Duffey, Thomas) (Entered: 01/05/2023)
2023-01-06MINUTE ORDER: It is ORDERED that, on or before February 14, 2023, the parties shall confer and file a joint status report addressing (1) any documents still to be produced pursuant to FOIA; (2) an anticipated schedule for processing and producing any such documents; and (3) any substantive areas of disagreement between the parties. It is FURTHER ORDERED that the parties shall appear by video for an Initial Scheduling Conference on February 21, 2023, at 12:00 p.m., before Judge Randolph D. Moss. Signed by Judge Randolph D. Moss on 1/6/2023. (lcrdm1) (Entered: 01/06/2023)
2023-02-0211Consent MOTION to Continue deadlines and hearing by HOLLY C. AYERS. (Ottervanger, Kara). Added MOTION for Extension of Time to on 2/2/2023 (zjm). (Entered: 02/02/2023)
2023-02-03MINUTE ORDER: Upon consideration of Plaintiff's consent motion for extension of time to confer and to continue hearing, Dkt. 11 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that, on or before March 3, 2023, the parties shall confer and file a joint status report addressing (1) any documents still to be produced pursuant to FOIA; (2) an anticipated schedule for processing and producing any such documents; and (3) any substantive areas of disagreement between the parties. It is FURTHER ORDERED that the parties shall appear by video for an Initial Scheduling Conference on March 20, 2023, at 10:00 a.m., before Judge Randolph D. Moss. It is further ORDERED that the hearing in this matter currently scheduled for February 21, 2023, is VACATED. Signed by Judge Randolph D. Moss on 2/3/2023. (lcrdm1) (Entered: 02/03/2023)
2023-02-0612NOTICE of Appearance by Katherine Blair on behalf of HOLLY C. AYERS (Blair, Katherine) (Entered: 02/06/2023)
2023-02-0713NOTICE OF WITHDRAWAL OF APPEARANCE as to HOLLY C. AYERS. Attorney Kara Ottervanger terminated. (Ottervanger, Kara) (Entered: 02/07/2023)
2023-03-0314Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Duffey, Thomas) (Entered: 03/03/2023)
2023-03-03MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 14 , it is hereby ORDERED that the parties shall appear for a status conference on March 9, 2023, at 12:00 p.m., to be held via Zoom. Signed by Judge Randolph D. Moss on 3/3/2023. (lcrdm1) (Entered: 03/03/2023)
2023-03-09Minute Entry for proceedings held before Judge Randolph D. Moss via Zoom. Status Conference held on 3/9/2023. For the reasons stated on the record, It is ORDERED that the Defendant review 1,000 pages pages of discovery a month and release the first set to the Plaintiff on or before 4/3/23. It is further ORDERED that the defendant review and release discovery to the Plaintiff on the first Monday of every month. Defendant is directed to inform the plaintiff and the court if they intend to enforce the FOIA waiver on or before 3/23/23. A Joint Status Report is due on or before 5/5/2023. (Court Reporter Jeff Hook) (zglw) (Entered: 03/09/2023)
2023-03-2315STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE (Duffey, Thomas) Modified on 3/24/2023 to correct event (zjm). (Entered: 03/23/2023)
2023-05-0516Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Duffey, Thomas) (Entered: 05/05/2023)
2023-05-05MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 16 , it is hereby ORDERED that the parties shall file a further joint status report on or before August 4, 2023. Signed by Judge Randolph D. Moss on 5/5/2023. (lcrdm1) (Entered: 05/05/2023)
2023-08-0417Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Duffey, Thomas) (Entered: 08/04/2023)
2023-08-04MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 17 , it is hereby ORDERED that the parties shall file a further joint status report on or before November 3, 2023. Signed by Judge Randolph D. Moss on 8/4/2023. (lcrdm1) (Entered: 08/04/2023)
2023-11-0318Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Duffey, Thomas) (Entered: 11/03/2023)
2023-11-03MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 18 , it is hereby ORDERED that the parties shall file a further joint status report on or before January 4, 2024. Signed by Judge Randolph D. Moss on 11/3/2023. (lcrdm1) (Entered: 11/03/2023)
2024-01-0419Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Duffey, Thomas) (Entered: 01/04/2024)
2024-01-04MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 19 , it is hereby ORDERED that the parties shall file a further joint status report on or before March 4, 2024. Signed by Judge Randolph D. Moss on 1/4/2024. (lcrdm1) (Entered: 01/04/2024)
2024-01-04Set/Reset Deadlines: Joint Status Report due by 3/4/2024 (zglw) (Entered: 01/09/2024)
2024-03-0420Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Duffey, Thomas) (Entered: 03/04/2024)
2024-03-06MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 20 , it is hereby ORDERED that the parties shall file a further joint status report on or before May 6, 2024. Signed by Judge Randolph D. Moss on 3/6/2024. (lcrdm1) (Entered: 03/06/2024)
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