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Case TitleRODRIGUEZ v. US DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2014cv00191
Date Filed2014-02-03
Date Closed2016-08-19
JudgeJudge Tanya S. Chutkan
PlaintiffVICTOR RODRIGUEZ
Case DescriptionVictor Rodriguez submitted a FOIA request to the Executive Office for U.S. Attorneys for records concerning the grand jury that heard his criminal case. The agency indicated that some of the records were likely protected by Exemption 3 (other statutes). Rodriguez appealed to the Office of Information Policy. After hearing nothing further from OIP, Rodriguez filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantU.S. DEPARTMENT OF JUSTICE Executive Office for United States Attorney's Office
DefendantOFFICE OF INFORMATION POLICY United States Department of Justice
DefendantU.S. DEPARTMENT OF JUSTICE Federal Bureau Of Prisons
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [35]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-02-031COMPLAINT against All Defendants (Filing fee $ 0) filed by VICTOR RODRIGUEZ. (Attachments: # 1 Civil Cover Sheet)(rj, ) (Entered: 02/12/2014)
2014-02-032MOTION for Leave to Proceed in forma pauperis by VICTOR RODRIGUEZ. (rj, ) (Entered: 02/12/2014)
2014-02-033PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by VICTOR RODRIGUEZ (rj, ) (Entered: 02/12/2014)
2014-02-034ORDER directing an initial partial filing fee of $31.81 from Prison Account of Victor Rodriguez. Further Ordered, granting MOTION for Leave to Proceed in forma pauperis (See Order For Full Details). Signed by Judge Reggie B. Walton on 01/31/2014. (rj, ) (Entered: 02/12/2014)
2014-02-03SUMMONS Issued (5) as to OFFICE OF INFORMATION POLICY, US DEPARTMENT OF JUSTICE(Federal Bureau Of Prisons), US DEPARTMENT OF JUSTICE(Executive Offoce for United States Attorneys), U.S. Attorney and U.S. Attorney General (rj, ) (Entered: 02/12/2014)
2014-03-115RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/5/2014., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE OF INFORMATION POLICY served on 3/5/2014 (rdj) (Entered: 03/12/2014)
2014-03-146MOTION to Appoint Counsel by VICTOR RODRIGUEZ (rdj) (Entered: 03/18/2014)
2014-03-147MOTION for Leave to Amend Complaint by VICTOR RODRIGUEZ (rdj) (Entered: 03/18/2014)
2014-04-038RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. US DEPARTMENT OF JUSTICE(Executive Office for United States Attorney's Office) served on 4/1/2014 (rdj) (Entered: 04/04/2014)
2014-04-079RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/2/2014. Answer due for ALL FEDERAL DEFENDANTS by 5/2/2014. (rdj) (Entered: 04/07/2014)
2014-04-2910MOTION for Extension of Time to Answer or Otherwise Respond to Complaint by OFFICE OF INFORMATION POLICY, US DEPARTMENT OF JUSTICE(Federal Bureau Of Prisons), US DEPARTMENT OF JUSTICE(Executive Office for United States Attorney's Office) (Attachments: # 1 Text of Proposed Order)(Guzman, Javier) (Entered: 04/29/2014)
2014-05-1911ORDER Granting 10 Motion for Extension of Time to Answer. FURTHER ORDERED that the defendants shall have until June 16, 2014 to file an answer or otherwise respond to complaint. Signed by Judge Royce C. Lamberth on 5/16/14. (mpt, ) (Entered: 05/20/2014)
2014-05-19Set/Reset Deadlines: Answer due by 6/16/2014, (mpt, ) (Entered: 05/20/2014)
2014-06-10Case reassigned to Judge Tanya S. Chutkan. Judge Royce C. Lamberth no longer assigned to the case. (ztnr, ) (Entered: 06/10/2014)
2014-06-1312MOTION for Extension of Time to Answer or Otherwise Respond to Complaint by OFFICE OF INFORMATION POLICY, US DEPARTMENT OF JUSTICE(Federal Bureau Of Prisons), US DEPARTMENT OF JUSTICE(Executive Office for United States Attorney's Office) (Attachments: # 1 Text of Proposed Order)(Guzman, Javier) (Entered: 06/13/2014)
2014-06-20MINUTE ORDER: Having considered the factors for appointment of counsel under Local Civil Rule 83.11, the Court finds that appointment of counsel is not warranted at this time. Accordingly, Plaintiff's Motion to Appoint Counsel 6 is hereby denied without prejudice. Plaintiff's Motion for Leave to Amend his complaint 7 is hereby granted. The Court hereby treats Plaintiff's "amended" complaint 7 as a supplement to Plaintiff's original complaint filed on February 2, 2014. The Clerk of the Court shall mail a copy of this order to:VICTOR RODRIGUEZ #17569-069 LEWISBURG U.S. PENITENTIARY Inmate Mail/Parcels P.O. BOX 1000 LEWISBURG, PA 17837. Signed by Judge Royce C. Lamberth on 6/20/14. (lctsc1) (Entered: 06/20/2014)
2014-06-20MINUTE ORDER: Defendants' Motion 12 for an extension of time to answer or otherwise respond is hereby granted. Defendants' answer is due not later than July 17, 2014. The Clerk of the Court shall mail a copy of this order to: VICTOR RODRIGUEZ #17569-069 LEWISBURG U.S. PENITENTIARY Inmate Mail/Parcels P.O. BOX 1000 LEWISBURG, PA 17837. Signed by Judge Royce C. Lamberth on 6/20/14. (lctsc1) (Entered: 06/20/2014)
2014-06-24Remark: The Court's Minute Orders dated 6/20/14 were mailed to the Plaintiff on 6/24/14 via u.s. mail at: VICTOR RODRIGUEZ #17569-069 LEWISBURG U.S. PENITENTIARY - Inmate Mail/Parcels P.O. BOX 1000 LEWISBURG, PA 17837 (lctsc1) (Entered: 06/24/2014)
2014-06-2713NOTICE by VICTOR RODRIGUEZ (td, ) (Entered: 07/03/2014)
2014-06-30Reset Deadlines: Answer due by 7/17/2014, (tj ) (Entered: 06/30/2014)
2014-07-1714ANSWER to 1 Complaint by OFFICE OF INFORMATION POLICY, US DEPARTMENT OF JUSTICE(Federal Bureau Of Prisons), US DEPARTMENT OF JUSTICE(Executive Office for United States Attorney's Office).(Guzman, Javier) (Entered: 07/17/2014)
2014-07-1715CERTIFICATE OF SERVICE by OFFICE OF INFORMATION POLICY, US DEPARTMENT OF JUSTICE(Federal Bureau Of Prisons), US DEPARTMENT OF JUSTICE(Executive Office for United States Attorney's Office) re 14 Answer to Complaint . (Guzman, Javier) (Entered: 07/17/2014)
2014-07-31MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule should address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues and that contains a proposed schedule and order not later than August 13, 2014. Signed by Judge Tanya S. Chutkan on 7/31/14. (lctsc1) (Entered: 07/31/2014)
2014-08-04MINUTE ORDER: The Court's 7/3/14 Minute Order is hereby VACATED and the following order substituted in its place: In response to the pro se complaint filed under the Freedom of Information Act, 5 U.S.C. Section 552, Defendants' filed on July 17, 2014, a document captioned Answer and Defenses 14 . Defendants acknowledge that this case is exempt from the requirements of Local Civil Rule 16.3 and Federal Rule of Civil Procedure Rule 26(f), but they have not to date filed a proposed schedule to govern the proceedings. Accordingly, it is ORDERED that Defendants shall file a proposed briefing schedule by August 20, 2014. The Clerk of the Court shall mail a copy of this order to VICTOR RODRIGUEZ, #17569-069, LEWISBURG, U.S. PENITENTIARY, Inmate Mail/Parcels, P.O. BOX 1000, LEWISBURG, PA 17837. So Ordered Judge Tanya S. Chutkan on 8/4/14. Proposed briefing schedule due by 8/20/2014. (lctsc1) (Entered: 08/04/2014)
2014-08-05Reset Deadlines: Status Report due by 8/13/2014 (tj) (Entered: 08/05/2014)
2014-08-2016STATUS REPORT by OFFICE OF INFORMATION POLICY, US DEPARTMENT OF JUSTICE(Federal Bureau Of Prisons), US DEPARTMENT OF JUSTICE(Executive Office for United States Attorney's Office). (Guzman, Javier) (Entered: 08/20/2014)
2014-08-2117CERTIFICATE OF SERVICE by OFFICE OF INFORMATION POLICY, US DEPARTMENT OF JUSTICE(Federal Bureau Of Prisons), US DEPARTMENT OF JUSTICE(Executive Office for United States Attorney's Office) re 16 Status Report . (Guzman, Javier) (Entered: 08/21/2014)
2014-08-21MINUTE ORDER: The following briefing deadlines shall apply to these proceedings: Defendants' Dispositive Motion due by 10/20/2014. Plaintiff's Response to Dispositive Motion due by 11/20/2014. Defendants' Reply to Dispositive Motions due by 12/19/2014. The Clerk of the Court shall mail a copy of this order to Plaintiff at the address of record. Signed by Judge Tanya S. Chutkan on 8/21/14. (DJS, ) (Entered: 08/21/2014)
2014-09-0418NOTICE OF SUBSTITUTION OF COUNSEL by Rhonda Lisa Campbell on behalf of All Defendants Substituting for attorney Javier M. Guzman (Campbell, Rhonda) (Entered: 09/04/2014)
2014-10-2019MOTION for Extension of Time to File Defendants' Motion for Summary Judgment by OFFICE OF INFORMATION POLICY, US DEPARTMENT OF JUSTICE(Federal Bureau Of Prisons), US DEPARTMENT OF JUSTICE(Executive Office for United States Attorney's Office) (Campbell, Rhonda) (Entered: 10/20/2014)
2014-10-31MINUTE ORDER: GRANTING 19 Defendant's Motion for Extension of Time to file Motion for Summary Judgment. Defendant shall file its motion not later than November 17, 2014. The Clerk of the Court shall mail a copy of this order to: VICTOR RODRIGUEZ, #17569-069, LEWISBURG U.S. PENITENTIARY, Inmate Mail/Parcels, P.O. BOX 1000, LEWISBURG, PA 17837. Signed by Judge Tanya S. Chutkan on 10/31/14. (DJS) (Entered: 10/31/2014)
2014-11-05Reset Deadlines: Summary Judgment motions due by 11/17/2014. (tj) (Entered: 11/05/2014)
2014-11-0620NOTICE by VICTOR RODRIGUEZ (td, ) (Entered: 11/10/2014)
2014-11-1721MOTION for Summary Judgment by US DEPARTMENT OF JUSTICE(Federal Bureau Of Prisons), US DEPARTMENT OF JUSTICE(Executive Office for United States Attorney's Office) (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration EOUSA Declaration and Exhibits, # 4 Declaration USAO EDPA Declaration)(Campbell, Rhonda) (Entered: 11/17/2014)
2014-11-18NOTICE OF ERROR re 21 Motion for Summary Judgment; emailed to rhonda.campbell@usdoj.gov, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile order. The order attached is for another case. (td, ) (Entered: 11/18/2014)
2014-11-1822ERRATA Proposed Order by US DEPARTMENT OF JUSTICE(Federal Bureau Of Prisons), US DEPARTMENT OF JUSTICE(Executive Office for United States Attorney's Office) 21 MOTION for Summary Judgment filed by US DEPARTMENT OF JUSTICE. (Campbell, Rhonda) (Entered: 11/18/2014)
2014-12-0123MOTION for Reconsideration for appointment of counsel denied without prejudice by VICTOR RODRIGUEZ (td, ) (Entered: 12/02/2014)
2014-12-0524ORDER: Plaintiff shall respond to defendants' 21 motion for summary judgment by January 21, 2015. If plaintiff fails to file a timely response, the Court will treat defendants' motion as conceded and, if the circumstances warrant, enter judgment for the defendants (see order for details). The Clerk of the Court shall mail a copy of this order to: VICTOR RODRIGUEZ,#17569-069,LEWISBURG, U.S. PENITENTIARY, Inmate Mail/Parcels, P.O. BOX 1000, LEWISBURG, PA 17837. Signed by Judge Tanya S. Chutkan on 12/5/14. (DJS) (Entered: 12/05/2014)
2014-12-0525ORDER: Denying 23 Motion for Reconsideration of motion for appointment of counsel without prejudice. The Clerk of the Court shall mail a copy of this order to: VICTOR RODRIGUEZ, #17569-069, LEWISBURG U.S. PENITENTIARY, Inmate Mail/Parcels, P.O. BOX 1000 LEWISBURG, PA 17837. Signed by Judge Tanya S. Chutkan on 12/5/14. (DJS) (Entered: 12/05/2014)
2014-12-05Set/Reset Deadlines: Response to Motion for Summary Judgment due by 1/21/2015. (sm) (Entered: 12/05/2014)
2015-01-1626Memorandum in opposition to re 21 MOTION for Summary Judgment filed by VICTOR RODRIGUEZ. (td, ) (Entered: 01/21/2015)
2015-01-2927MOTION for Extension of Time to File Response/Reply as to 21 MOTION for Summary Judgment by OFFICE OF INFORMATION POLICY, US DEPARTMENT OF JUSTICE(Federal Bureau Of Prisons), US DEPARTMENT OF JUSTICE(Executive Office for United States Attorney's Office) (Campbell, Rhonda) (Entered: 01/29/2015)
2015-01-30MINUTE ORDER: Granting 27 Defendant's Motion for Extension of Time to File Response/Reply as to 21 MOTION for Summary Judgment. Reply due by 2/23/2015. The Clerk of the Court shall mail a copy of this order to VICTOR RODRIGUEZ, #17569-069, LEWISBURG, U.S. PENITENTIARY, Inmate Mail/Parcels, P.O. BOX 1000, LEWISBURG, PA 17837. Signed by Judge Tanya S. Chutkan on 1/30/15. (DJS) (Entered: 01/30/2015)
2015-02-2328REPLY to opposition to motion re 21 MOTION for Summary Judgment filed by OFFICE OF INFORMATION POLICY, U.S. DEPARTMENT OF JUSTICE(Federal Bureau Of Prisons), U.S. DEPARTMENT OF JUSTICE(Executive Office for United States Attorney's Office). (Campbell, Rhonda) (Entered: 02/23/2015)
2015-06-10Filing fee Paid: Final Payment of $ 24.62, receipt number 4616071000 re VICTOR RODRIGUEZ. (md) (Entered: 06/10/2015)
2015-09-1529ORDER staying a ruling on 21 Defendants' Motion for Summary Judgment and the case; directing the Defendants to supplement the record by October 26, 2015 (see written memorandum opinion and order for details). Signed by Judge Tanya S. Chutkan on 9/15/15.(ah) (Entered: 09/15/2015)
2015-09-15Case Stayed. Set/Reset Deadlines:Supplemental Memorandum due by 10/26/2015. (zsm) (Entered: 09/15/2015)
2015-10-2230NOTICE to the Court by U.S. DEPARTMENT OF JUSTICE(Federal Bureau Of Prisons) re 29 Order on Motion for Summary Judgment, (Attachments: # 1 Exhibit Supplemental Declaration)(Campbell, Rhonda) (Entered: 10/22/2015)
2015-11-1331Civil Statement from plaintiff. (td) (Entered: 11/16/2015)
2015-12-1432NOTICE by VICTOR RODRIGUEZ (td) (Entered: 12/16/2015)
2016-07-0733NOTICE of Change of Address by VICTOR RODRIGUEZ. Plaintiff has been moved to a new facility, but does not yet have an address. (jf) Modified on 7/10/2016 (DJS). (Entered: 07/08/2016)
2016-08-1134ORDER granting 21 Defendants' Motion for Summary Judgment for the reasons stated in the Memorandum Opinion issued separately this day and in the September 15, 2015 Memorandum Opinion and Order; deferring entry of judgment and directing Defendants to release information to Plaintiff within five days (on or before August 19, 2016). Signed by Judge Tanya S. Chutkan on 8/11/16.(ah) (Entered: 08/11/2016)
2016-08-1135MEMORANDUM OPINION accompanying order on motion for summary judgment issued separately this day. Signed by Judge Tanya S. Chutkan on 8/11/16.(ah) (Entered: 08/11/2016)
2016-08-1536CERTIFICATE OF SERVICE by OFFICE OF INFORMATION POLICY, U.S. DEPARTMENT OF JUSTICE(Federal Bureau Of Prisons), U.S. DEPARTMENT OF JUSTICE(Executive Office for United States Attorney's Office) re 34 Order on Motion for Summary Judgment, 35 Memorandum & Opinion . (Campbell, Rhonda) (Entered: 08/15/2016)
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