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Case TitleTuffly v. United States Department of Homeland Security
DistrictDistrict of Arizona
CityPhoenix Division
Case Number2:2015cv00067
Date Filed2015-01-15
Date Closed2016-03-03
JudgeSenior Judge Roslyn O Silver
PlaintiffEdward Tuffly
also known as Bud Tuffly
Case DescriptionEdward Tuffley submitted a FOIA request to Immigration and Customs Enforcement for records concerning ICE detainees released from specific facilities in Arizona in February or March 2013 and information about their criminal histories. ICE contacted Tuffley for clarification and he responded the next day. However, after hearing nothing further from the agency, Tuffley filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantUnited States Department of Homeland Security
AppealNinth Circuit 16-15342
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-01-151COMPLAINT. Filing fee received: $400.00, receipt number 0970-11250242 filed by Edward Tuffly. (submitted by Michael Napier) (Attachments: # 1 Civil Cover Sheet)(REK) (Entered: 01/15/2015)
2015-01-152SUMMONS Submitted by Edward Tuffly. (submitted by Edward Tuffly) (REK) (Entered: 01/15/2015)
2015-01-153Filing fee paid, receipt number 0970-11250242. This case has been assigned to the Honorable Roslyn O. Silver. All future pleadings or documents should bear the correct case number: CV-15-00067-PHX-ROS. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REK) (Entered: 01/15/2015)
2015-01-154Summons Issued as to United States Department of Homeland Security. (REK). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 01/15/2015)
2015-01-155NOTICE TO FILER OF DEFICIENCY re: 1 Complaint filed by Edward Tuffly. Other: Pursuant to the Electronic Case Filing Administrative Polices and Procedures Manual Section II(B), attorneys are required to submit the Automated Civil Cover Sheet when filing a new case. No further action is required. Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(C), the name of the ECF registered user under whose log-in and password the document is submitted must be preceded by a "s/" and typed in the space where the signature would otherwise appear. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (REK) (Entered: 01/15/2015)
2015-01-156*SUMMONS Submitted by Plaintiff Edward Tuffly. (Attachments: # 1 Summons Summons, # 2 Summons Summons)(Napier, Michael) *Modified to correct event & to reflect main document is duplicate of Doc. 1 on 1/15/2015 (LFIG). (Entered: 01/15/2015)
2015-01-157Summons Issued as to U.S. Attorney and U.S. Attorney General. (Attachments: # 1 USAG)(LFIG) (Entered: 01/15/2015)
2015-01-278MOTION for Admission Pro Hac Vice as to attorney Michael Bekesha by Edward Tuffly. (Bekesha, Michael) (Entered: 01/27/2015)
2015-01-28PRO HAC VICE FEE PAID. $ 35, receipt number PHX154710 as to Michael Bekesha. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 01/28/2015)
2015-01-289ORDER pursuant to General Order 09-08 granting 8 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 01/28/2015)
2015-02-0510*SERVICE EXECUTED filed by Edward Tuffly: Declaration of Service re: Complaint and Summons Notice of Filing Proof of Service upon U.S. Attorney's Office on 01/20/2015; upon U.S. Attorney General on 1/22/2015; upon U.S. Department of Homeland Security on 1/21/2015 . (Attachments: # 1 Affidavit Declaration of Kerry Hughes, # 2 Exhibit Exhibits to Declaration)(Napier, Michael) *Modified text on 2/6/2015 (LFIG). (Entered: 02/05/2015)
2015-02-1911STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT . (Attachments: # 1 Text of Proposed Order)(Branch, Katherine) (Entered: 02/19/2015)
2015-02-2012ORDER approving 11 Stipulation For Extension of Time To Answer Complaint. Defendant United States Department of Homeland Security shall have to and including 3/13/2015 to answer or otherwise respond to Plaintiff's complaint. Signed by Senior Judge Roslyn O Silver on 2/20/2015. (TLB) (Entered: 02/20/2015)
2015-03-1313ANSWER to 1 Complaint by United States Department of Homeland Security.(Branch, Katherine) (Entered: 03/13/2015)
2015-03-2314*VACATED by (Doc. 16 )- ORDER: Rule 16 Scheduling Conference set for 5/12/2015 at 10:00 AM in Courtroom 604, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge Roslyn O Silver. Counsel/parties shall prepare and file a proposed Case Management Plan and Proposed Scheduling Order not less than 10 days before the scheduling conference. Signed by Senior Judge Roslyn O Silver on 3/23/2015. (TLB) Modified on 4/28/2015 (ACL). (Entered: 03/23/2015)
2015-04-2715Joint MOTION to Stay Case , MOTION to Vacate Rule 16 Scheduling Conference by United States Department of Homeland Security. (Attachments: # 1 Text of Proposed Order)(Branch, Katherine) (Entered: 04/27/2015)
2015-04-2816ORDER that the parties' motion 15 is GRANTED IN PART AND DENIED IN PART. In lieu of a stay, the Court's previous order and scheduling conference 14 are VACATED and the parties are ordered to file any dispositive motions by 7/27/2015. This case may be dismissed pursuant to LRCiv 41.1 if no dispositive motion is filed by that date. Signed by Senior Judge Roslyn O Silver on 4/27/2015. (ACL) (Entered: 04/28/2015)
2015-07-2117MOTION for Extension of Time to extend dispositive motion deadline by United States Department of Homeland Security. (Attachments: # 1 Text of Proposed Order)(Branch, Katherine) (Entered: 07/21/2015)
2015-07-2118ORDER granting 17 Parties' Stipulated Motion to Extend Case Deadline. Dispositive motions deadline is extended from 7/27/2015 to and including 8/10/2015. Signed by Senior Judge Roslyn O Silver on 7/21/2015.(TLB) (Entered: 07/21/2015)
2015-08-1019MOTION for Summary Judgment by United States Department of Homeland Security. (Branch, Katherine) (Entered: 08/10/2015)
2015-08-1020STATEMENT OF FACTS re: 19 MOTION for Summary Judgment by Defendant United States Department of Homeland Security. (Attachments: # 1 Exhibit Index, # 2 Exhibit 1, # 3 Exhibit 2)(Branch, Katherine) (Entered: 08/10/2015)
2015-09-0321Consent MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Summary Judgment by Edward Tuffly. (Attachments: # 1 Text of Proposed Order)(Bekesha, Michael) (Entered: 09/03/2015)
2015-09-0322ORDER granting 21 Parties' Stipulated Motion for Extension of Time to File Response re: 19 Motion for Summary Judgment. Plaintiff shall have to and including 10/7/2015 to file his response to Defendant's Motion for Summary Judgment. Signed by Senior Judge Roslyn O Silver on 9/3/2015.(TLB) (Entered: 09/03/2015)
2015-10-0723RESPONSE to Motion re: 19 MOTION for Summary Judgment filed by Edward Tuffly. (Bekesha, Michael) (Entered: 10/07/2015)
2015-10-0724STATEMENT OF FACTS re: 23 Response to Motion for Summary Judgment by Plaintiff Edward Tuffly. (Attachments: # 1 Exhibit)(Bekesha, Michael) (Entered: 10/07/2015)
2015-10-0825First MOTION for Extension of Time to File Response/Reply as to 23 Response to Motion for Summary Judgment by United States Department of Homeland Security. (Attachments: # 1 Text of Proposed Order)(Branch, Katherine) (Entered: 10/08/2015)
2015-10-1326ORDER granting 25 Motion for Extension of Time to File Reply re: 19 Motion for Summary Judgement. Defendant shall have to and including 11/6/2015 to file its reply in support of Defendant's Motion for Summary Judgment. Signed by Senior Judge Roslyn O Silver on 10/13/2015.(TLB) (Entered: 10/13/2015)
2015-11-0627REPLY to Response to Motion re: 19 MOTION for Summary Judgment filed by United States Department of Homeland Security. (Branch, Katherine) (Entered: 11/06/2015)
2016-03-0328ORDER granting 19 DHS's Motion for Summary Judgment. The Clerk of Court is directed to enter judgment in favor of Defendant. Signed by Senior Judge Roslyn O Silver on 03-02-16.(GAR) (Entered: 03/03/2016)
2016-03-0329CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that pursuant to the Court's Order filed March 3, 2016, judgment is entered in favor of defendant and against plaintiff. Plaintiff to take nothing, and the complaint and action are dismissed. (GAR) (Entered: 03/03/2016)
2016-03-0330NOTICE OF APPEAL to 9th Circuit Court of Appeals re: 29 Clerks Judgment, 28 Order on Motion for Summary Judgment by Edward Tuffly. Filing fee received: $ 505.00, receipt number 0970-12698871. (Bekesha, Michael) (Entered: 03/03/2016)
2016-03-0331REPRESENTATION STATEMENT by Edward Tuffly re: 30 Notice of Appeal. (Bekesha, Michael) (Entered: 03/03/2016)
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by FOIA Project Staff
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