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Case TitleOFFICE OF THE FEDERAL PUBLIC DEFENDER, MIDDLE DISTRICT OF TENNESSEE v. UNITED STATES DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv03500
Date Filed2023-11-21
Date ClosedOpen
JudgeJudge Amy Berman Jackson
PlaintiffOFFICE OF THE FEDERAL PUBLIC DEFENDER, MIDDLE DISTRICT OF TENNESSEE
Case DescriptionThe Office of the Federal Public Defender, Middle District of Tennessee submitted a FOIA request for records concerning Ricky Allen Fackrell, who had been sentenced to death, as part of its representation of Fackrell's post-conviction appeal OFPD also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, OFPD filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF JUSTICE
DefendantBUREAU OF PRISONS
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-11-211COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-10511945) filed by OFFICE OF THE FEDERAL PUBLIC DEFENDER, MIDDLE DISTRICT OF TENNESSEE. (Attachments: # 1 Exhibit, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Civil Cover Sheet)(Gutman, Jeffrey) (Entered: 11/21/2023)
2023-11-27Case Assigned to Judge Amy Berman Jackson. (zdp) (Entered: 11/27/2023)
2023-11-272SUMMONS (4) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zdp) (Entered: 11/27/2023)
2023-12-283NOTICE of Appearance by Christina O'Tousa on behalf of BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF JUSTICE (O'Tousa, Christina) (Entered: 12/28/2023)
2023-12-284Consent MOTION for Extension of Time to File Answer re 1 Complaint, by BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF JUSTICE. (O'Tousa, Christina) (Entered: 12/28/2023)
2024-01-02MINUTE ORDER granting 4 Motion for Extension of Time to Answer 1 Complaint. Defendants must respond to the complaint by February 1, 2024. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/2/2024. (lcabj2) (Entered: 01/02/2024)
2024-01-185RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 12/8/2023 (Gutman, Jeffrey) (Entered: 01/18/2024)
2024-01-186RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BUREAU OF PRISONS served on 12/6/2023 (Gutman, Jeffrey) (Entered: 01/18/2024)
2024-01-187RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/08/2023. (Gutman, Jeffrey) (Entered: 01/18/2024)
2024-01-188RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/7/2023. Answer due for ALL FEDERAL DEFENDANTS by 1/6/2024. (Gutman, Jeffrey) (Entered: 01/18/2024)
2024-01-229NOTICE OF SUBSTITUTION OF COUNSEL by Kartik Narayan Venguswamy on behalf of BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF JUSTICE Substituting for attorney Christina O'Tousa (Venguswamy, Kartik) (Entered: 01/22/2024)
2024-02-0110ANSWER to Complaint by BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF JUSTICE.(Venguswamy, Kartik) (Entered: 02/01/2024)
2024-02-02MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendant must file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff, on or before March 1, 2024. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/2/2024. (lcabj2) (Entered: 02/02/2024)
2024-03-0111STATUS REPORT by BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF JUSTICE. (Venguswamy, Kartik) (Entered: 03/01/2024)
2024-03-04MINUTE ORDER. In light of defendants' 11 status report, defendants are ORDERED to file another status report by April 15, 2024. Signed by Judge Amy Berman Jackson on 3/4/2024. (lcabj2) (Entered: 03/04/2024)
2024-04-1512STATUS REPORT by Defendants by BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF JUSTICE. (Venguswamy, Kartik) (Entered: 04/15/2024)
2024-04-16MINUTE ORDER. In light of defendants' 12 status report, defendants are ORDERED to file another status report by May 30, 2024. Signed by Judge Amy Berman Jackson on 4/16/2024. (lcabj2) (Entered: 04/16/2024)
2024-05-3013STATUS REPORT by BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF JUSTICE. (Venguswamy, Kartik) (Entered: 05/30/2024)
2024-05-30MINUTE ORDER. In light of defendants' 13 status report, defendants are ORDERED to file another status report by July 30, 2024. Signed by Judge Amy Berman Jackson on 5/30/2024. (lcabj2) (Entered: 05/30/2024)
2024-07-3014STATUS REPORT by BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF JUSTICE. (Venguswamy, Kartik) (Entered: 07/30/2024)
2024-07-31MINUTE ORDER. In light of defendants' 14 status report, defendants are ORDERED to file another status report by September 30, 2024. Signed by Judge Amy Berman Jackson on 7/31/2024. (lcabj2) (Entered: 07/31/2024)
2024-09-1615MOTION for Leave to Appear Law Student Appearance by OFFICE OF THE FEDERAL PUBLIC DEFENDER, MIDDLE DISTRICT OF TENNESSEE (Gutman, Jeffrey) Modified event type and docket text on 9/17/2024 (zdp). (Entered: 09/16/2024)
2024-09-1916ORDER granting 15 Motion for Leave to Appear. See Order for details. Signed by Judge Amy Berman Jackson on 9/19/2024. (lcabj2) (Entered: 09/19/2024)
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