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Case TitleRIOS v. UNITED STATES OF AMERICA
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv01183
Date Filed2015-07-22
Date Closed2021-02-08
JudgeJudge Tanya S. Chutkan
PlaintiffALEX RIOS
Case DescriptionAlex Rios, a federal prisoner, submitted a FOIA request to DEA for records concerning an investigation of DEA Special Agent Bruce Lange's behavior during the investigation of Rios. The agency indicated that it would not process his request without third-party authorization. Rios filed an administrative appeal, but after hearing nothing further from the agency, he filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantUNITED STATES OF AMERICA
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [41]
FOIA Project Annotation: Judge Tanya Chutkan has ruled that Alex Rios, who was convicted of drug-trafficking, has exhausted his administrative remedies for his requests for records about misconduct charges brought against former DEA agent Bruce Lange. After learning that Lange had been charged with misconduct, Rios asked for records about Lange. The agency told Rios it would not process a request for third-party information without an authorization from the third-party individual. Rios contacted the agency and explained that Lange's misconduct charges had been made public. DEA affirmed its decision, which was upheld on appeal to the Office of Information Policy. Rios reformulated his request for records from a Merit Systems Protection Board appeal file pertaining to Lange. The agency found no records, but charged Rios $160 for search time. Rios then submitted another request for records pertaining to his DEA criminal case and for disciplinary proceedings against Lange to the extent they related to Rios' criminal case. The agency once again told Rios it would not process his request without the appropriate authorization. Rios then filed suit. The agency argued that Rios had failed to exhaust his administrative remedies because he did not provide the required authorizations. Although the agency claimed Rios had not provided an authorization for himself, Chutkan found Rios, in his request, had provided all the information required. She pointed out that "plaintiff signed the request with his full name and provided his declaration pursuant to 28 U.S.C. ยง1746. Because the regulation requires 'no specific form,' the fact that Plaintiff failed to execute DOJ Form 361 is of no material consequence." She then noted the agency had accepted his request for records on Lange, processed the request, and charged him $160 in fees. She observed that "consequently the court finds that DEA's changed position during the course of litigation has rendered the exhaustion defense moot. . ."
Issues: Litigation - Jurisdiction - Failure to Exhaust
Opinion/Order [73]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-07-221COMPLAINT against UNITED STATES OF AMERICA filed by ALEX RIOS. (Attachments: # 1 Civil Cover Sheet)(td) (Entered: 07/23/2015)
2015-07-226SUMMONS (2) Issued as to UNITED STATES OF AMERICA, U.S. Attorney and U.S. Attorney General (td). Modified on 7/29/2015 (rd). (Entered: 07/23/2015)
2015-07-222MOTION for Leave to Proceed in forma pauperis by ALEX RIOS (td) (Entered: 07/23/2015)
2015-07-223PRISONER ACCOUNT STATEMENT by ALEX RIOS (td) (Entered: 07/23/2015)
2015-07-224MOTION to Appoint Counsel by ALEX RIOS (td) (Entered: 07/23/2015)
2015-07-225ORDER directing an initial partial filing fee from Prison Account of ALEX RIOS and GRANTING 2 Motion to Proceed In Forma Pauperis. Signed by Judge Tanya S. Chutkan on 7/21/15; (See order for further details) (td) (Entered: 07/23/2015)
2015-07-317NOTICE of Appearance by Heather D. Graham-Oliver on behalf of UNITED STATES OF AMERICA (Graham-Oliver, Heather) (Entered: 07/31/2015)
2015-08-068RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/28/2015. ( Answer due for ALL FEDERAL DEFENDANTS by 8/27/2015.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/28/15. (td) (Entered: 08/07/2015)
2015-08-279MOTION for Extension of Time to File Answer re 1 Complaint by UNITED STATES OF AMERICA (Graham-Oliver, Heather) (Entered: 08/27/2015)
2015-08-31MINUTE ORDER: Granting 9 Motion for Extension of Time to Answer. Defendant shall answer or otherwise respond to the complaint by September 24, 2015. Signed by Judge Tanya S. Chutkan on 8/31/15. (DJS) Modified on 8/31/2015 (zsm). (Entered: 08/31/2015)
2015-08-31Set/Reset Deadlines: Answer due by 9/24/2015. (zsm) (Entered: 08/31/2015)
2015-09-2410ANSWER to 1 Complaint by UNITED STATES OF AMERICA.(Graham-Oliver, Heather) (Entered: 09/24/2015)
2015-10-15MINUTE ORDER: Before the Court in this FOIA case are a complaint filed by an incarcerated plaintiff 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 Government Defendant(s) shall file a status report and proposed schedule that includes: 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 Vaughn index will be required in this case, any other pertinent issues and a proposed schedule for filing dispositive motions. The Government Defendant shall file the report and proposed schedule, along with a proposed order not later than 10/26/15. The Clerk of the Court shall mail a copy of this order using a typewritten envelope to: ALEX RIOS, 25965-077, FORREST CITY MEDIUM FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, PO BOX 3000, FORREST CITY, AR 72336. Signed by Judge Tanya S. Chutkan on 10/15/15. (DJS) (Entered: 10/15/2015)
2015-10-16Set/Reset Deadlines: Status Report due by 10/26/2015 (zsm) (Entered: 10/16/2015)
2015-11-0311ORDER denying 4 Plaintiff's Motion to Appoint Counsel (see written order for details). Signed by Judge Tanya S. Chutkan on 11/3/15.(ah) (Entered: 11/03/2015)
2015-11-0512ENTERED IN ERROR. . . . .PROPOSED BRIEFING SCHEDULE by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit A)(Graham-Oliver, Heather) Modified on 11/6/2015 (zd). (Entered: 11/05/2015)
2015-11-0513MOTION for Leave to File Proposed Scheduling Order by UNITED STATES OF AMERICA (Attachments: # 1 Exhibit A)(Graham-Oliver, Heather) (Entered: 11/05/2015)
2015-11-06NOTICE OF CORRECTED DOCKET ENTRY: re 12 Proposed Briefing Schedule was entered in error and counsel refiled said pleading as docket entry no. 13 . (td) (Entered: 11/06/2015)
2015-11-1814LEAVE TO FILE DENIED- Plaintiffs' Opposition to the Defendant Motion for Summary Judgment ("Leave to file Denied" by Judge Tanya Chutkan " The government has only filed an answer to the complaint and has not filed a motion to dismiss or a motion for summary judgment. Plaintiff may refile his responses after the Government files a motion to dismiss or motion for summary judgment.") This document is unavailable as the Court denied its filing. (td) (Entered: 11/18/2015)
2015-11-1815LEAVE TO FILE DENIED- Plaintiffs' opposition to the defendant motion to dismiss the complaint ("Leave to file Denied" by Judge Tanya Chutkan "The government has only filed an answer to the complaint and has not filed a motion to dismiss or a motion for summary judgment. Plaintiff may refile his responses after the Government files a motion to dismiss or motion for summary judgment.") This document is unavailable as the Court denied its filing. (td) (Entered: 11/18/2015)
2015-11-19MINUTE ORDER: Granting 13 Defendant's Motion for Leave to File Proposed Briefing Schedule. Defendant's Motion for Summary Judgment due by December 10, 2015. Plaintiff's response due by January 11, 2016. Defendant's Reply due by January 25, 2016. The Clerk of the Court shall mail a copy of this order using a typewritten envelope to: ALEX RIOS, 25965-077, FORREST CITY MEDIUM FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, PO BOX 3000, FORREST CITY, AR 72336. Signed by Judge Tanya S. Chutkan on 11/19/15. (DJS) (Entered: 11/19/2015)
2015-11-19Set/Reset Deadlines: Summary Judgment motions due by 12/10/2015. Response to Motion for Summary Judgment due by 1/11/2016. Reply to Motion for Summary Judgment due by 1/25/2016. (zsm) (Entered: 11/19/2015)
2015-12-1016MOTION for Extension of Time to File motion for Summary Judgment (FOIA) by UNITED STATES OF AMERICA (Graham-Oliver, Heather) (Entered: 12/10/2015)
2015-12-1017Amended MOTION for Extension of Time to File motion for Summary Judgment (FOIA) by UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Graham-Oliver, Heather) (Entered: 12/10/2015)
2015-12-14ENTERED IN ERROR.....MINUTE 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 shall 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 12/30/15. Signed by Judge Tanya S. Chutkan on 12/15/15. (DJS) Modified on 12/14/2015 (zsm). (Entered: 12/14/2015)
2015-12-14Set/Reset Deadlines: Status Report due by 12/30/2015 (zsm) (Entered: 12/14/2015)
2015-12-14MINUTE ORDER denying as moot 16 Defendant's Motion for Extension of Time; granting 17 Defendant's Amended Motion for Extension of Time to File a Summary Judgment Motion. The scheduling order is amended as follows: Defendant's summary judgment motion is due by January 21, 2016; Plaintiff's opposition is due by February 29, 2016; Defendant's reply is due by March 18, 2016. SO ORDERED. Signed by Judge Tanya S. Chutkan on 12/14/15.(ah) (Entered: 12/14/2015)
2015-12-14Set/Reset Deadlines: Summary Judgment motions due by 1/21/2016. Response to Motion for Summary Judgment due by 2/29/2016. Reply to Motion for Summary Judgment due by 3/18/2016. (zsm) (Entered: 12/14/2015)
2016-01-13Partial Filing Fee Received from ALEX RIOS in the amount of $10.04, receipt number: 4616075504. (zrdj) (Entered: 01/13/2016)
2016-01-2118MOTION to Amend/Correct Set/Reset Deadlines Scheduling Order and Extension of Time by UNITED STATES OF AMERICA (Graham-Oliver, Heather) (Entered: 01/21/2016)
2016-02-02MINUTE ORDER: It is ORDERED that the defendant's motion [# 18], seeking to amend the scheduling order, is GRANTED. The defendant shall complete the processing of plaintiff's FOIA request and notify him of any fee requirements by March 16, 2016, and it shall file a status report and a proposed deadline for filing its summary judgment motion by March 18, 2016. SO ORDERED. Signed by Judge Tanya S. Chutkan on 2/2/16.(ah) (Entered: 02/02/2016)
2016-02-02Set/Reset Deadlines: Status Report due by 3/18/2016 (zsm) (Entered: 02/02/2016)
2016-03-1819STATUS REPORT by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit A)(Graham-Oliver, Heather) (Entered: 03/18/2016)
2016-03-1820STATUS REPORT by UNITED STATES OF AMERICA. (Graham-Oliver, Heather) (Entered: 03/18/2016)
2016-04-0821Supplemental STATUS REPORT 19 Status Report, 20 Status Report by UNITED STATES OF AMERICA (Graham-Oliver, Heather) Modified on 4/11/2016 (td). (Entered: 04/08/2016)
2016-04-1822NOTICE by ALEX RIOS ; ("LEAVE TO FILE GRANTED" by Judge Tanya Chutkan) (td) (Entered: 04/18/2016)
2016-04-25MINUTE ORDER: As proposed in its Supplemental Status Report 21 , Defendant shall file a status report and a proposed schedule by April 29, 2016. The Clerk of the Court shall mail a copy of this Order to: ALEX RIOS, 25965-077, FORREST CITY MEDIUM, FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, PO BOX 3000, FORREST CITY, AR 72336. Signed by Judge Tanya S. Chutkan on 4/25/16. (DJS) (Entered: 04/25/2016)
2016-04-26Set/Reset Deadlines: Status Report due by 4/29/2016 (zsm) (Entered: 04/26/2016)
2016-04-2923STATUS REPORT by UNITED STATES OF AMERICA. (Graham-Oliver, Heather) (Entered: 04/29/2016)
2016-05-03MINUTE ORDER: It is ORDERED that Defendant shall file another status report on the processing of Plaintiff's FOIA request and a proposed briefing schedule by June 9, 2016. Signed by Judge Tanya S. Chutkan on 5/3/16.(ah) (Entered: 05/03/2016)
2016-05-04Set/Reset Deadlines: Status Report due by 6/9/2016 (tth) (Entered: 05/04/2016)
2016-05-0624RESPONSE to Defendant's Supplemental Status Report re 21 MOTION to Amend/Correct 19 Status Report, 20 Status Report filed by ALEX RIOS. (td) (Entered: 05/10/2016)
2016-06-0925STATUS REPORT by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit A)(Graham-Oliver, Heather) (Entered: 06/09/2016)
2016-06-2026MOTION to Order DEA HEADQUATERS, DOJ AND OPR PRODUCTION OF FOIA/PA REQUESTED MATERIAL by ALEX RIOS; ("LEAVE TO FILE GRANTED" by Judge Tanya Chutkan) (td) (Entered: 06/21/2016)
2016-07-0127NOTICE OF SUBSTITUTION OF COUNSEL by Tammy Allison Holloway on behalf of UNITED STATES OF AMERICA Substituting for attorney Heather Graham-Oliver (Holloway, Tammy) (Entered: 07/01/2016)
2016-07-0128MOTION for Extension of Time to File Response/Reply by UNITED STATES OF AMERICA (Holloway, Tammy) (Entered: 07/01/2016)
2016-07-05MINUTE ORDER: Granting 28 Motion for Extension of Time to File Response/Reply. Defendant's response due July 29, 2016. The Clerk of the Court shall mail a copy of this order to: ALEX RIOS, 25965-077, FORREST CITY MEDIUM, FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, PO BOX 3000 FORREST CITY, AR 72336. Signed by Judge Tanya S. Chutkan on 7/5/16. (DJS) (Entered: 07/05/2016)
2016-07-06Set/Reset Deadlines: Defendant's Response due by 7/29/2016 (tth) (Entered: 07/06/2016)
2016-07-2929STATUS REPORT AND OPPOSITION TO PLAINTIFF'S MOTION TO ORDER DEA HEADQUARTERS, DOJ AND OPR PRODUCTION OF FOIA/PA REQUESTED MATERIAL by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit)(Holloway, Tammy) (Entered: 07/29/2016)
2016-07-2930Memorandum in opposition to re 26 MOTION for Order filed by UNITED STATES OF AMERICA. (See Docket Entry 29 to view document). (znmw) (Entered: 08/01/2016)
2016-08-03MINUTE ORDER: It is hereby ORDERED that Plaintiff's motion for the production of the material he has requested under the FOIA 26 is DENIED as premature. An agency's disclosure obligations under FOIA are contingent on its receipt of a request that reasonably describes the records sought and is made in accordance with the agency's published rules governing, among other requirements, the payment of any fees. See 5 U.S.C. § 552(a)(3)(A). Defendant's most recent Status Report suggests that those requirements have yet to be satisfied. Defendant shall file another Status Report on or before August 29, 2016. SO ORDERED. Signed by Judge Tanya S. Chutkan on 8/3/16.(ah) (Entered: 08/03/2016)
2016-08-03Set/Reset Deadlines: Defendant's Status Report due by 8/29/2016 (tth) (Entered: 08/03/2016)
2016-08-2931STATUS REPORT and Proposed Briefing Schedule by UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order)(Holloway, Tammy) (Entered: 08/29/2016)
2016-09-06MINUTE ORDER: Upon consideration of Defendant's Combined Status Report and Proposed Briefing Schedule, it is hereby ORDERED that the parties shall adhere to the following schedule. Defendant's motion for summary judgment shall be filed on or before October 20, 2016; Plaintiff's opposition shall be filed on or before December 1, 2016; Defendant's reply shall be filed on or before December 22, 2016. Signed by Judge Tanya S. Chutkan on 9/6/16.(ah) (Entered: 09/06/2016)
2016-09-07Set/Reset Deadlines: Summary Judgment motions due by 10/20/2016. Response to Motion for Summary Judgment due by 12/1/2016. Reply to Motion for Summary Judgment due by 12/22/2016. (zsm) (Entered: 09/07/2016)
2016-10-1832MOTION for Extension of Time to File Dispositive Motion and Amended Proposed Briefing Schedule by UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Holloway, Tammy) (Entered: 10/18/2016)
2016-10-21MINUTE ORDER: Granting in part and denying in part 32 Defendant's Motion for Extension of Deadlines. Defendant will file and serve its motion for summary judgment on or before November 20, 2016. Plaintiff's response due 12/20/16. Defendant's Reply due January 13. 2017. The Clerk of the Court shall mail a copy of this order to: ALEX RIOS, 25965-077, FORREST CITY MEDIUM FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, PO BOX 3000, FORREST CITY, AR 72336. Signed by Judge Tanya S. Chutkan on 10/21/16. (DJS) (Entered: 10/21/2016)
2016-10-21Set/Reset Deadlines: Summary Judgment motions due by 11/20/2016. Response to Motion for Summary Judgment due by 12/20/2016. Reply to Motion for Summary Judgment due by 1/13/2017. (zsm) (Entered: 10/21/2016)
2016-11-2133MOTION for Extension of Time to File Dispositive Motion by UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Holloway, Tammy) (Entered: 11/21/2016)
2016-12-01MINUTE ORDER: Granting Motion 33 for Extension of Briefing Deadlines. EXCEPT that Defendant shall file and serve its motion for summary judgment on or before December 21, 2016. Plaintiff shall file his brief by January 20, 2017. Defendant's Reply (if necessary) due by February 9, 2017. Going forward, Defendant shall file any motions for extensions at least 48 hours before its deadline. The court will view requests filed AFTER the deadline with disfavor. Signed by Judge Tanya S. Chutkan on 12/1/16. (DJS) (Entered: 12/01/2016)
2016-12-2034MOTION for Extension of Time to file Dispositive Motion by UNITED STATES OF AMERICA (Holloway, Tammy) (Entered: 12/20/2016)
2017-01-03MINUTE ORDER: Granting 34 Defendant's Combined Motion for Extension of Time and Amended Proposed Briefing Schedule. Defendant shall file its dispositive motion on or before January 23, 2017; Plaintiff shall file his opposition on or before March 1, 2017; Defendant shall file any reply on or before March 14, 2017. This is counsel's final extension. In the absence of a timely motion for summary judgment, the Court will order the United States' counsel of record and the agency's representative with personal knowledge of the agency's response to Plaintiff's FOIA request to appear personally before the court to explain the need for further delay. The Clerk of the Court shall mail a copy of this order to: ALEX RIOS, 25965-077, FORREST CITY MEDIUM FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, PO BOX 3000, FORREST CITY, AR 72336. Signed by Judge Tanya S. Chutkan on 1/3/17. (DJS) (Entered: 01/03/2017)
2017-01-03Set/Reset Deadlines: Dispositive Motions due by 1/23/2017. Response to Dispositive Motions due by 3/1/2017. Reply to Dispositive Motions due by 3/14/2017. (zsm) (Entered: 01/03/2017)
2017-01-2335MOTION to Dismiss or in the Alternative Motion for Summary Judgment by UNITED STATES OF AMERICA (Attachments: # 1 Statement of Facts, # 2 Exhibit, # 3 Text of Proposed Order)(Holloway, Tammy). Added MOTION for Summary Judgment on 1/24/2017 (jf). (Entered: 01/23/2017)
2017-01-24NOTICE OF ERROR re 35 Motion to Dismiss; emailed to tammy.holloway2@usdoj.gov, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. DO NOT REFILE--Counsel is reminded to docket all parts of their motion (jf, ) (Entered: 01/24/2017)
2017-01-2536Order advising plaintiff to respond by March 1, 2017, to defendant's dispositive motion or risk entry of judgment for the defendant on what may be treated as conceded material facts (see written order for details). Signed by Judge Tanya S. Chutkan on 1/25/17.(ah) (Entered: 01/25/2017)
2017-01-31Set/Reset Deadlines: Response to Dispositive Motion due by 3/1/2017. (tb) (Entered: 01/31/2017)
2017-03-0637Memorandum in opposition to re 35 MOTION to Dismiss or in the Alternative Motion for Summary Judgment filed by ALEX RIOS. (td) (Entered: 03/08/2017)
2017-06-1638MOTION for Extension of Time to Enlarge Time by UNITED STATES OF AMERICA (Holloway, Tammy) (Entered: 06/16/2017)
2017-06-19MINUTE ORDER granting 38 Defendant's Motion for an Extension of Time to file a Reply. Defendant shall file its reply on or before July 17, 2017. SO ORDERED. Signed by Judge Tanya S. Chutkan on 6/19/17.(ah) (Entered: 06/19/2017)
2017-06-20Set/Reset Deadlines: Defendant's reply due by 7/17/2017. (tb) (Entered: 06/20/2017)
2017-06-2339NOTICE OF SUBSTITUTION OF COUNSEL by Patricia K. McBride on behalf of UNITED STATES OF AMERICA Substituting for attorney Tammy Allison Holloway (McBride, Patricia) (Entered: 06/23/2017)
2017-07-0640MOTION for Extension of Time to File Response/Reply by UNITED STATES OF AMERICA (McBride, Patricia) (Entered: 07/06/2017)
2017-07-3141MEMORANDUM OPINION AND ORDER denying 35 Defendant's Motion to Dismiss or for Summary Judgment; directing Defendant to propose a schedule by August 9, 2017 (see document for details). Signed by Judge Tanya S. Chutkan on 7/31/17.(ah) (Entered: 07/31/2017)
2017-07-31MINUTE ORDER denying as moot 40 Defendant's Second Motion for an Extension of Time to File a Reply. Signed by Judge Tanya S. Chutkan on 7/31/17.(ah) (Entered: 07/31/2017)
2017-08-0942MOTION for Extension of Time to Propose a Schedule by UNITED STATES OF AMERICA (McBride, Patricia) (Entered: 08/09/2017)
2017-08-2343STATUS REPORT by UNITED STATES OF AMERICA. (McBride, Patricia) (Entered: 08/23/2017)
2017-08-29MINUTE ORDER granting nunc pro tunc 42 Defendant's Motion for an Extension of Time. Defendant shall file a status report and a proposed schedule on or before October 23, 2017. The parties are reminded that Local Civil Rule 7(c) requires that all motions be "accompanied by a proposed order." SO ORDERED. Signed by Judge Tanya S. Chutkan on 8/29/17.(ah) (Entered: 08/29/2017)
2017-08-29Set/Reset Deadlines: Defendant shall file a status report and a proposed schedule on or before 10/23/2017. (jth) (Entered: 08/29/2017)
2017-10-2344STATUS REPORT by UNITED STATES OF AMERICA. (McBride, Patricia) (Entered: 10/23/2017)
2017-11-01MINUTE ORDER: Upon consideration of defendant's status report, it is ordered that defendant's next status report, accompanied by either a dispositive motion or a proposed schedule, is due on or before November 28, 2017. Signed by Judge Tanya S. Chutkan on 11/1/17.(ah) (Entered: 11/01/2017)
2017-11-2845STATUS REPORT by UNITED STATES OF AMERICA. (McBride, Patricia) (Entered: 11/28/2017)
2017-12-05MINUTE ORDER: Upon consideration of defendant's status report, it is ordered that defendant's next status report, preferably with either a dispositive motion or a proposed schedule, is due on or before January 19, 2018. Signed by Judge Tanya S. Chutkan on 12/5/17.(ah) (Entered: 12/05/2017)
2017-12-05Set/Reset Deadlines: Status Report, preferably a dispositive motion or a proposed schedule due by 1/19/2018. (tb) (Entered: 12/05/2017)
2018-01-2546NOTICE of Clarified Record Request and Position as to Defendant's Status Report 45 by ALEX RIOS (td). (Entered: 01/30/2018)
2018-01-3047MOTION for Extension of Time to File Joint Status Report, Motion to Late File, by UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(McBride, Patricia) (Entered: 01/30/2018)
2018-02-01MINUTE ORDER granting 47 Defendant's Motion for an Extension of Time to February 22, 2018, to file its status report, accompanied by either a dispositive motion or a proposed schedule. SO ORDERED. Signed by Judge Tanya S. Chutkan on 2/1/18.(ah) (Entered: 02/01/2018)
2018-02-02Set/Reset Deadlines: Status Report due by 2/22/2018. (tb) (Entered: 02/02/2018)
2018-04-05MINUTE ORDER: This FOIA case was filed on 7/22/15 and has evaded resolution for two reasons. First, the scope of Plaintiff's FOIA request has changed over time (due in part to some apparent uncertainty regarding the scope of the request). Second, Defendant has sought and the court has granted numerous extensions of time, even though - in some instances- Defendant requested an extension after its filing deadline had passed. Most recently, on 2/1/18, the court granted Defendant's latest motion for an extension of time in which to file a status report. Defendant's status report was due on 2/22/18, yet it neither has filed its report nor has it requested an extension of the deadlie. The court is losing its patience with both parties. Accordingly, by 4/15/18, Defendant shall file a status report, which shall include information on processing of the Plaintiffs FOIA request as most recently amended, and shall indicate whether Defendant has received the $250 payment Plaintiff claims to have submitted. Defendant's failure to file a timely status report will be viewed with disfavor and may result in sanctions. Signed by Judge Tanya S. Chutkan on 4/5/18. (DJS) (Entered: 04/05/2018)
2018-04-06Set/Reset Deadlines: Defendant's status report due by 4/15/2018. (tb) (Entered: 04/06/2018)
2018-04-1648STATUS REPORT by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit A)(McBride, Patricia) (Entered: 04/16/2018)
2018-04-1849NOTICE by UNITED STATES OF AMERICA (McBride, Patricia) (Entered: 04/18/2018)
2018-04-20MINUTE ORDER: In its most recent status report, Defendant suggests that it be permitted to allow Plaintiff 60 days to resolve the fee payment issue and then propose yet another briefing schedule by July 18, 2018. Instead, if Plaintiff has failed to pay the assessed fees for his FOIA request by June 17, 2018, Defendant shall file a dispositive motion no later than July 6, 2018. If the fees are paid, Defendant shall file no later than June 27, 2018, a status report on the processing of Plaintiff's FOIA request that includes a proposed briefing schedule. Defendant's failure to file either document in a timely manner will be viewed with disfavor and may result in sanctions. Signed by Judge Tanya S. Chutkan on 4/20/18.(ah) (Entered: 04/20/2018)
2018-04-23Set/Reset Deadlines: Dispositive Motion due by 7/6/2018. Status Report due by 6/27/2018. (tb) (Entered: 04/23/2018)
2018-06-1550NOTICE by ALEX RIOS (ztd); "LET THIS BE FILED" signed by Judge Tanya Chutkan (Entered: 06/19/2018)
2018-07-0351STATUS REPORT by UNITED STATES OF AMERICA. (Attachments: # 1 Declaration Suppl. Little Decl.)(McBride, Patricia) (Entered: 07/03/2018)
2018-07-0352Exhibit O by UNITED STATES OF AMERICA re 51 Status Report (McBride, Patricia) Modified on 7/5/2018 to edit text(zrdj). (Entered: 07/03/2018)
2018-09-05MINUTE ORDER: In its status report filed on July 3, 2018, Defendant indicated that it had resolved the fee payment issue and was processing Plaintiff's FOIA request. Defendant proposed to file another status report by August 17, 2018, but has not done so. The 45 days Defendant estimated for processing the request have passed. Accordingly, on or before September 17, 2018, Defendant shall file a proposed order setting a schedule to govern these proceedings to conclusion. SO ORDERED. Signed by Judge Tanya S. Chutkan on 9/5/18. (ah) (Entered: 09/05/2018)
2018-09-06Set/Reset Deadlines: Defendant's proposed briefing schedule due by 9/17/2018. (tb) (Entered: 09/06/2018)
2018-09-1453STATUS REPORT by UNITED STATES OF AMERICA. (McBride, Patricia) (Entered: 09/14/2018)
2018-10-3154ORDER DIRECTING THE DEFENDANT TO SHOW CAUSE by November 14, 2018, why sanctions should not be imposed (see document for details). Signed by Judge Tanya S. Chutkan on 10/31/18.(ah) (Entered: 10/31/2018)
2018-11-1455RESPONSE TO ORDER TO SHOW CAUSE by UNITED STATES OF AMERICA . (Attachments: # 1 Declaration Myrick Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(McBride, Patricia) (Entered: 11/14/2018)
2018-11-15MINUTE ORDER: The court has carefully considered Defendant's Response to the Court's Show Cause Order (ECF No. 55) and finds adequate reasons not to impose sanctions at this time. Accordingly, the show cause order (ECF No. 54) is DISCHARGED. The parties shall adhere to the following schedule. As proposed, Defendant shall file its motion for summary judgment on or before January 29, 2019. Thereafter, Plaintiff shall file his opposition on or before March 15, 2019, and Defendant shall file its reply on or before April 1, 2019. No extensions will be granted in connection with this briefing schedule absent a showing of extraordinary circumstances (i.e., circumstances beyond those supporting previous enlargement requests), by motion filed at least 48 hours before expiration of the respective deadline. SO ORDERED. Signed by Judge Tanya S. Chutkan on 11/15/18.(ah) (Entered: 11/15/2018)
2018-11-20Set/Reset Deadlines: Summary Judgment motion due by 1/29/2019. Response to Motion for Summary Judgment due by 3/15/2019. Reply to Motion for Summary Judgment due by 4/1/2019. (tb) (Entered: 11/20/2018)
2019-01-2256MOTION to Stay , MOTION for Extension of Time to in Light of Lapse of Appropriations by UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Hudak, Brian) (Entered: 01/22/2019)
2019-01-23MINUTE ORDER granting in part and denying in part 56 Defendant's motion for a stay and an extension of time. This case is temporarily stayed for good cause shown. Defendant shall file a notice within three (3) business days of Department of Justice operations resuming, and at that juncture, the temporary stay shall be lifted. The current briefing deadlines are hereby vacated. Accordingly, defendant's motion for an extension of those deadlines is denied as moot. Signed by Judge Tanya S. Chutkan on 1/23/19. Modified on 1/23/2019 (ah). (Entered: 01/23/2019)
2019-01-2857NOTICE by UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(McBride, Patricia) (Entered: 01/28/2019)
2019-02-01MINUTE ORDER: In view of Defendant's Notice of Restored Government Funding and Proposed Briefing Schedule, the previously imposed stay is lifted, and the revised briefing schedule follows. As proposed, Defendant shall file its motion for summary judgment on or before March 29, 2019. Thereafter, Plaintiff shall file his opposition on or before May 3, 2019, and Defendant shall file any reply on or before May 24, 2019. No extensions will be granted in connection with this briefing schedule absent a showing of extraordinary circumstances by motion filed at least 48 hours before expiration of the respective deadline. SO ORDERED. Signed by Judge Tanya S. Chutkan on 2/1/19. (ah) (Entered: 02/01/2019)
2019-03-2958MOTION for Summary Judgment by UNITED STATES OF AMERICA (Attachments: # 1 Statement of Facts, # 2 Declaration Myrick Declaration, # 3 Exhibit to Myrick Decl, # 4 Exhibit to Myrick Decl, # 5 Exhibit to Myrick Decl, # 6 Exhibit to Myrick, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Declaration, # 22 Declaration, # 23 Declaration, # 24 Declaration)(McBride, Patricia) (Entered: 03/29/2019)
2019-04-2960Memorandum in opposition to re 58 MOTION for Summary Judgment filed by ALEX RIOS. (ztd) (Entered: 05/03/2019)
2019-05-0159Order advising plaintiff of his obligation to respond to defendant's motion for summary judgment and amending the briefing schedule as follows: Plaintiff's response to defendant's motion is due by June 5, 2019, and any reply from defendant is due by June 26, 2019. No further extensions will be granted save extraordinary circumstances and a timely filed motion (see document for details). Signed by Judge Tanya S. Chutkan on 5/1/19.(ah) (Entered: 05/01/2019)
2019-05-02Set/Reset Deadlines: Response to Motion for Summary Judgment due by 6/5/2019. Reply to Motion for Summary Judgment due by 6/26/2019. (tb) (Entered: 05/02/2019)
2019-05-0661NOTICE by UNITED STATES OF AMERICA (McBride, Patricia) (Entered: 05/06/2019)
2019-05-1762SUPPLEMENTAL MEMORANDUM to re 37 Memorandum in Opposition filed by ALEX RIOS. (ztd) (Entered: 05/22/2019)
2019-06-2163REPLY re: 58 IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT filed by UNITED STATES OF AMERICA. (McBride, Patricia) Modified to add linkage on 6/24/2019 (ztd). (Entered: 06/21/2019)
2020-02-1064ORDER granting in part and denying in part 58 Defendant's Motion for Summary Judgment; directing Defendant to supplement the record by March 2, 2020 (see document for details). Signed by Judge Tanya S. Chutkan on 2/10/20.(ah) (Entered: 02/10/2020)
2020-02-12Set/Reset Deadlines: Supplemental brief due by 3/2/2020. (tb) (Entered: 02/12/2020)
2020-02-1865MOTION for Extension of Time to by UNITED STATES OF AMERICA (McBride, Patricia) (Entered: 02/18/2020)
2020-03-03MINUTE ORDER granting 65 Defendant's Motion for an Extension of Time to April 3, 2020, to supplement the record. SO ORDERED. Signed by Judge Tanya S. Chutkan on 3/3/20.(ah) (Entered: 03/03/2020)
2020-03-04Set/Reset Deadlines: Supplemental due by 4/3/2020. (tb) (Entered: 03/04/2020)
2020-03-3066MOTION for Extension of Time to by UNITED STATES OF AMERICA (McBride, Patricia) (Entered: 03/30/2020)
2020-04-17MINUTE ORDER granting 66 Defendant's Motion for an Extension of Time to April 30, 2020, to file its supplemental brief. SO ORDERED. Signed by Judge Tanya S. Chutkan on 4/17/20.(ah) (Entered: 04/17/2020)
2020-04-17Set/Reset Deadlines: Supplemental brief due by 4/30/2020. (tb) (Entered: 04/17/2020)
2020-04-2967MOTION for Summary Judgment by UNITED STATES OF AMERICA (Attachments: # 1 Declaration Hertel Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(McBride, Patricia) (Entered: 04/29/2020)
2020-04-2968Order advising plaintiff to respond by June 5, 2020, to defendant's renewed motion for summary judgment or risk entry of judgment in defendant's favor and dismissal of the case (see document for details). Signed by Judge Tanya S. Chutkan on 4/29/20.(ah) (Entered: 04/29/2020)
2020-04-30Set/Reset Deadlines: Response due by 6/5/2020. (tb) (Entered: 04/30/2020)
2020-08-1969MOTION for Extension of Time to File Response as to 67 MOTION for Summary Judgment by ALEX RIOS. "Leave to file GRANTED, as a motion for extension of time" Signed by Tanya S. Chutkan, U.S.D.J. on 08/19/2020 (zjf) (Entered: 08/19/2020)
2020-08-24MINUTE ORDER GRANTING 69 PLAINTIFF'S MOTION FOR AN EXTENSION OF TIME TO RESPOND TO DISPOSITIVE MOTION. Although defendant certifies that it served its renewed summary judgment motion upon plaintiff at his prison address of record, plaintiff states that he never received the motion. Accordingly, it is ORDERED that defendant shall promptly re-send its renewed motion for summary judgment, preferably by certified mail. It is FURTHER ORDERED that plaintiff shall file his response to defendant's motion on or before October 20, 2020. SO ORDERED. Signed by Judge Tanya S. Chutkan on 8/24/20. (psu1) (Entered: 08/24/2020)
2020-08-25Set/Reset Deadlines: Plaintiff shall file his Response to Defendant's Renewed Motion for Summary Judgment by 10/20/2020. (jth) (Entered: 08/25/2020)
2020-10-3070Memorandum in opposition to re 67 MOTION for Summary Judgment filed by ALEX RIOS. (ztd) (Entered: 11/03/2020)
2020-11-1071REPLY to opposition to motion re 67 MOTION for Summary Judgment filed by UNITED STATES OF AMERICA. (McBride, Patricia) (Entered: 11/10/2020)
2021-02-0872ORDER granting 67 Defendant's Motion for Summary Judgment and entering judgment in the movant's favor, for the reasons stated in the Memorandum Opinion issued separately this day and the Memorandum Opinion of February 10, 2020. Signed by Judge Tanya S. Chutkan on 2/8/2021.(psu1) (Entered: 02/08/2021)
2021-02-0873MEMORANDUM OPINION accompanying the final order issued separately this day. Signed by Judge Tanya S. Chutkan on 2/8/2021.(psu1) (Entered: 02/08/2021)
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