| Date Filed | Doc # | Docket Text |
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| 2023-03-31 | 1 | COMPLAINT against DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION ( Filing fee $ 402 receipt number ADCDC-9969491) filed by MANFREDO MICHAEL MADRIGAL, III. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Summons DOJ Summons, # 3 Summons US Attorney Summons, # 4 Summons FBI Summons, # 5 Exhibit Exhibit 1, # 6 Exhibit Exhibit 2, # 7 Exhibit Exhibit 3, # 8 Exhibit Exhibit 4)(Maher, John) (Attachment 1 replaced on 4/3/2023) (zrtw). (Entered: 03/31/2023) |
| 2023-04-03 | | NOTICE OF ERROR re 1 Complaint; emailed to john@maherlegalservices.com, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Noncompliance with LCvR 5.1(c). Please file an errata correcting the initiating pleading to include the name & full residence address of each party using the event Errata., 2. No signature. Please file the signed document using the event Errata. All filings must have an original signature or '/s/ Attorney Name' to represent an electronic signature of the filer., 3. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zrtw, ) (Entered: 04/03/2023) |
| 2023-04-03 | 2 | ERRATA by MANFREDO MICHAEL MADRIGAL, III. (Maher, John) (Entered: 04/03/2023) |
| 2023-04-03 | | Case Assigned to Judge Amit P. Mehta. (zrtw) (Entered: 04/03/2023) |
| 2023-04-03 | | NOTICE OF ERROR re 1 Complaint; emailed to john@maherlegalservices.com, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Missing/incorrect summonses. Please submit using the event Request for Summons to issue., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zrtw, ) (Entered: 04/03/2023) |
| 2023-04-03 | 3 | REQUEST FOR SUMMONS TO ISSUE by MANFREDO MICHAEL MADRIGAL, III filed by MANFREDO MICHAEL MADRIGAL, III. (Attachments: # 1 Summons Summons for US Attorney, # 2 Summons Summons for FBI)(Maher, John) (Entered: 04/03/2023) |
| 2023-04-04 | 4 | SUMMONS (3) Issued Electronically as to FEDERAL BUREAU OF INVESTIGATION, U.S. Attorney and U.S. Attorney General. (Attachment: # 1 Notice and Consent)(zed) (Entered: 04/04/2023) |
| 2023-05-08 | 5 | ANSWER to Complaint by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION.(Peterson, Benton) (Entered: 05/08/2023) |
| 2023-05-09 | 6 | ORDER. Both a Complaint and an Answer are now before the court in this FOIA case. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before May 22, 2023. The Joint Status Report shall include (1) the status of Plaintiffs FOIA request; (2) the anticipated number of documents responsive to Plaintiffs FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976); and (5) whether the parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Amit P. Mehta on 05/09/2023. (lcapm3) (Entered: 05/09/2023) |
| 2023-05-24 | 7 | Joint STATUS REPORT by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Peterson, Benton) (Entered: 05/24/2023) |
| 2023-05-25 | | MINUTE ORDER. The parties shall submit an additional Joint Status Report by June 22, 2023, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 05/25/2023. (lcapm3) (Entered: 05/25/2023) |
| 2023-06-22 | 8 | Joint STATUS REPORT by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Peterson, Benton) (Entered: 06/22/2023) |
| 2023-06-23 | | MINUTE ORDER. The following briefing schedule shall apply: Defendant's Summary Judgment Motion is due on or before August 15, 2023; Plaintiff's Opposition is due on or before September 15, 2023; and Defendant's Reply is due on or before October 3, 2023. Signed by Judge Amit P. Mehta on 06/23/2023. (lcapm3) (Entered: 06/23/2023) |
| 2023-08-15 | 9 | Consent MOTION for Extension of Time to File by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 08/15/2023) |
| 2023-08-16 | | MINUTE ORDER granting 9 Motion for Extension of Time. The following briefing schedule shall now apply: Defendant's Summary Judgment Motion shall be due on or before August 29, 2023. Plaintiff's Opposition shall be due on or before September 29, 2023. Defendant's Reply shall be due on or before October 17, 2023. Signed by Judge Amit P. Mehta on 08/16/2023. (lcapm3) (Entered: 08/16/2023) |
| 2023-08-16 | | Set/Reset Deadlines: Summary Judgment motions due by 8/29/2023. Response to Motion for Summary Judgment due by 9/29/2023. Reply to Motion for Summary Judgment due by 10/17/2023. (zjch, ) (Entered: 08/16/2023) |
| 2023-08-29 | 10 | MOTION for Summary Judgment by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Exhibit Declaration, # 2 Text of Proposed Order)(Peterson, Benton) (Entered: 08/29/2023) |
| 2023-09-27 | 11 | Unopposed MOTION for Extension of Time to File Response/Reply as to 10 MOTION for Summary Judgment by MANFREDO MICHAEL MADRIGAL, III. (Attachments: # 1 Text of Proposed Order)(Maher, John) (Entered: 09/27/2023) |
| 2023-09-28 | | MINUTE ORDER granting Plaintiff's 11 Unopposed Motion for Extension of Time to File Response to Defendant's 10 Motion for Summary Judgment. Plaintiff's Response shall now be due on or before October 20, 2023. Signed by Judge Amit P. Mehta on 9/28/2023. (lcapm3) (Entered: 09/28/2023) |
| 2023-10-10 | 12 | NOTICE of Filing by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION re 10 Motion for Summary Judgment (Attachments: # 1 Exhibit)(Peterson, Benton) (Entered: 10/10/2023) |
| 2023-10-12 | 13 | Second MOTION for Extension of Time to File Response/Reply as to 10 MOTION for Summary Judgment by MANFREDO MICHAEL MADRIGAL, III. (Attachments: # 1 Text of Proposed Order)(Maher, John) (Entered: 10/12/2023) |
| 2023-10-17 | | MINUTE ORDER granting Plaintiff's 13 Unopposed Motion for Enlargement of Time to Respond to Defendant's Motion for Summary Judgment. Plaintiff Madrigal shall now file his response to the Government's Motion for Summary Judgment on or before November 3, 2023. Signed by Judge Amit P. Mehta on 10/17/2023. (lcapm3) (Entered: 10/17/2023) |
| 2023-11-02 | 14 | Consent MOTION for Extension of Time to File Opposition to Motion for Summary Judgment by MANFREDO MICHAEL MADRIGAL, III. (Attachments: # 1 Text of Proposed Order)(Maher, John) (Entered: 11/02/2023) |
| 2023-11-03 | 15 | ORDER granting Plaintiff's 14 Unopposed Motion for Enlargement of Time for Summary Judgment. Plaintiff's response to Defendant's Motion for Summary Judgment shall now be due on or before November 24, 2023, and Defendant's Reply in Support of Summary Judgment shall now be due on or before December 22, 2023. See attached Order for additional details. Signed by Judge Amit P. Mehta on 11/03/2023. (lcapm3) (Entered: 11/03/2023) |
| 2023-11-24 | 16 | MOTION for Extension of Time to File Response/Reply to Defendant's Summary Judgment Motion by MANFREDO MICHAEL MADRIGAL, III. (Attachments: # 1 Text of Proposed Order)(Maher, John) (Entered: 11/24/2023) |
| 2023-11-28 | | MINUTE ORDER granting Plaintiff's Motion for Enlargement of Time to Respond to Defendants' Motion for Summary Judgment. Plaintiff shall file his opposition brief on or before December 8, 2023, and Defendants' reply brief shall be filed on or before January 5, 2024. Signed by Judge Amit P. Mehta on 11/28/2023. (lcapm3) (Entered: 11/28/2023) |
| 2023-12-08 | 17 | Memorandum in opposition to re 10 Motion for Summary Judgment filed by MANFREDO MICHAEL MADRIGAL, III. (Attachments: # 1 Exhibit 1 - Amended FOIA Request, # 2 Exhibit 2 - Redacted Cert of Identity, # 3 Exhibit Proposed Order)(Maher, John) (Entered: 12/08/2023) |
| 2024-01-04 | 18 | Joint MOTION to Stay re 17 Memorandum in Opposition, 10 MOTION for Summary Judgment by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 01/04/2024) |
| 2024-01-05 | | MINUTE ORDER granting in part 18 Joint Motion for Stay. The court will grant the joint motion for stay for the reasons stated in the parties' motion, but not "until the DOJ responds to the Amended FOIA Request." The parties shall file a Joint Status Report by February 5, 2024, which advises whether the amended request cures any claimed deficiencies in the original request and, if so, whether the Defendants' 10 Motion for Summary Judgment, can be denied as moot. If the amended request does not moot the pending motion, the parties shall propose a schedule for further proceedings. Signed by Judge Amit P. Mehta on 1/05/2024. (lcapm3) (Entered: 01/05/2024) |
| 2024-02-16 | 19 | Joint STATUS REPORT by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Peterson, Benton) (Entered: 02/16/2024) |
| 2024-02-20 | | MINUTE ORDER. The parties shall file an additional Joint Status Report by March 6, 2024, which advises whether any disputed issues remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 2/20/2024. (lcapm3) (Entered: 02/20/2024) |
| 2024-02-20 | | Set/Reset Deadlines: Joint Status Report due by 3/6/2024. (smc) (Entered: 02/20/2024) |
| 2024-03-06 | 20 | Joint STATUS REPORT by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Peterson, Benton) (Entered: 03/06/2024) |
| 2024-03-08 | | MINUTE ORDER. Defendants shall file their reply brief on or before March 27, 2024. Signed by Judge Amit P. Mehta on 3/8/2024. (lcapm3) (Entered: 03/08/2024) |
| 2024-03-08 | | Set/Reset Deadlines: Replies due by 3/27/2024. (zed) (Entered: 03/11/2024) |
| 2024-03-22 | 21 | Consent MOTION for Extension of Time to File Response/Reply as to 10 MOTION for Summary Judgment by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 03/22/2024) |
| 2024-03-24 | | MINUTE ORDER. On August 29, 2023, Defendant moved for summary judgment on the grounds that (1) Plaintiff had not exhausted administrative remedies and (2) Defendant properly asserted a Glomar response. The exhaustion argument rested on Plaintiff's failure to supply a third-party release. See Seidel Decl., ECF No. 10-1, at 5. Plaintiff then submitted an Amended FOIA request, which may have "obviate[d] the concerns raised by the Government in its opposition." Pl.'s Oppn, ECF No. 17, at 2. Defendant did not specify whether those concerns related to the exhaustion argument, its Glomar response, or both. The parties' February Joint Status Report stated that "DOJ is currently working on a response to the amended FOIA request," but did not specify what that response might be. Joint Status Report, ECF No. 19. The parties' Joint Status Report on March 6 stated that they "ha[d] not been able to agree on a resolution of the matter[.]" Joint Status Report, ECF No. 20. Now, Defendant seeks more time file a reply. It remains entirely unclear to the court (1) how Plaintiff amended his FOIA request, (2) how the amendment may have allayed Defendant's "concerns," (3) why ultimately those concerns apparently were not allayed, and (4) whether either of the grounds on which Defendant moved for summary judgment, exhaustion and a Glomar response, remain ripe. Until Defendant addresses these questions, the court is not prepared to address the requested extension of time. Nor until the court receives these answers should Defendant assume the court will grant the request. Signed by Judge Amit P. Mehta on 03/24/2024. (lcapm3) (Entered: 03/24/2024) |
| 2024-03-25 | 22 | Joint STATUS REPORT by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Peterson, Benton) (Entered: 03/25/2024) |
| 2024-03-26 | | MINUTE ORDER. The court hereby stays this case until Plaintiff administratively exhausts the agency's response to his "amended" FOIA request. The D.C. Circuit has held that FOIA's administrative scheme favors treating the failure to exhaust as a bar to judicial review. Wilbur v. CIA , 355 F.23d 675, 677 (D.C. Cir. 2004). Considering the agency's response to the "amended" request before Plaintiff exhausts administrative remedies would undermine the purposes of the exhaustion requirement, which are "to prevent premature interference with agency processes, to give the parties and the courts benefit of the agencys expertise and to compile an adequate record for review." Id . Plaintiff therefore must exhaust administrative remedies before the court adjudicates the agencys response to the amended request. The court considers any challenge to the original request to be moot, as the court cannot compel the agency to comply with a request that Plaintiff effectively has withdrawn and replaced with a request that is both broader and directed at a different agency component. The parties shall file an additional Joint Status Report no later than May 26, 2024, which updates the court on any administrative review of Plaintiff's "amended" FOIA request and proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 03/26/2024. (lcapm3) (Entered: 03/26/2024) |
| 2024-03-27 | | Case Stayed. Set/Reset Deadlines: Joint Status Report due by 5/26/2024. (smc) (Entered: 03/27/2024) |
| 2024-04-19 | 23 | MOTION for Reconsideration re Case Stayed, Set/Reset Deadlines, Order,,,,, by MANFREDO MICHAEL MADRIGAL, III. (Attachments: # 1 Text of Proposed Order)(Maher, John) (Entered: 04/19/2024) |
| 2024-05-03 | 24 | Consent MOTION for Extension of Time to File Response/Reply as to 23 MOTION for Reconsideration re Case Stayed, Set/Reset Deadlines, Order,,,,, by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 05/03/2024) |
| 2024-05-06 | | MINUTE ORDER granting Justice Department's 24 Consent Motion for Extension of Time. Defendants' response to Plaintiff's 23 Motion for Reconsideration shall now be due or before May 26, 2024. Signed by Judge Amit P. Mehta on 05/06/2024. (lcapm3) (Entered: 05/06/2024) |
| 2024-05-06 | | Set/Reset Deadlines/Hearings: Response to 23 due by 5/26/2024. (zcdw) (Entered: 05/06/2024) |
| 2024-05-24 | 25 | Joint STATUS REPORT Motion for Temporary Stay by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Peterson, Benton) (Entered: 05/24/2024) |
| 2024-06-03 | | MINUTE ORDER. The parties shall file an additional Joint Status Report by July 23, 2024, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 06/03/2024. (lcapm3) (Entered: 06/03/2024) |
| 2024-06-04 | | Set/Reset Deadlines: Joint Status Report from the parties due by 7/23/2024. (zakb) (Entered: 06/04/2024) |
| 2024-07-23 | 26 | Joint STATUS REPORT by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Peterson, Benton) (Entered: 07/23/2024) |
| 2024-07-25 | | MINUTE ORDER. The parties shall file an additional Joint Status Report by August 23, 2024, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 7/25/24. (lcapm2) (Entered: 07/25/2024) |
| 2024-07-26 | 27 | STIPULATION of Dismissal with Prejudice by MANFREDO MICHAEL MADRIGAL, III. (Maher, John) (Entered: 07/26/2024) |
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