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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 Number1:2024cv00886
Date Filed2024-03-27
Date ClosedOpen
JudgeJudge Ana C. Reyes
PlaintiffOFFICE OF THE FEDERAL PUBLIC DEFENDER, MIDDLE DISTRICT OF TENNESSEE
Case DescriptionThe Office of Public Defender, Middle District of Tennessee submitted two FOIA requests to the Department of Justice for records concerning to assist the office to represent Ricky Allen Fackrell, a federal death row inmate, in his pending motion for habeas corpus. The agency acknowledged receipt of the requests and redacted records under Exemption 6 (invasion of privacy) and Exemption 7 (C) (invasion of privacy concerning law enforcement records). OPD filed an administrative appeal for both requests. The agency upheld the denials and OPD filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF JUSTICE
DefendantEXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-03-271COMPLAINT against EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, UNITED STATES DEPARTMENT OF JUSTICE ( Filing fee $ 405 receipt number ADCDC-10785452) filed by OFFICE OF THE FEDERAL PUBLIC DEFENDER, MIDDLE DISTRICT OF TENNESSEE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(Gutman, Jeffrey) (Entered: 03/27/2024)
2024-03-28Case Assigned to Judge Ana C. Reyes. (znmw) (Entered: 03/28/2024)
2024-03-282SUMMONS (4) Issued Electronically as to EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 03/28/2024)
2024-04-103RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 4/8/2024 (Gutman, Jeffrey) (Entered: 04/10/2024)
2024-04-104RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS served on 4/8/2024 (Gutman, Jeffrey) (Entered: 04/10/2024)
2024-04-105RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/08/2024. (Gutman, Jeffrey) (Entered: 04/10/2024)
2024-04-106RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/8/2024. Answer due for ALL FEDERAL DEFENDANTS by 5/8/2024. (Gutman, Jeffrey) (Entered: 04/10/2024)
2024-04-237STANDING ORDER. It is hereby ORDERED that the parties shall comply with the Court's Standing Order. See Standing Order for details. Signed by Judge Ana C. Reyes on 4/23/2024. (lcsj) (Entered: 04/23/2024)
2024-04-268Consent MOTION for Extension of Time to Respond to the Complaint by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Bardo, John) (Entered: 04/26/2024)
2024-04-29MINUTE ORDER. Upon consideration of Defendants' 8 Consent Motion for Extension of Time to Respond to the Complaint it is hereby ORDERED that Defendants' Motion is GRANTED; and it is further ORDERED that Defendants shall respond to the Complaint no later than May 29, 2024. Signed by Judge Ana C. Reyes on 4/29/2024. (lcsj) (Entered: 04/29/2024)
2024-04-30Set/Reset Deadlines/Hearings: Answer to complaint due by 5/29/2024. (zcdw) (Entered: 04/30/2024)
2024-05-299ANSWER to Complaint by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, UNITED STATES DEPARTMENT OF JUSTICE.(Bardo, John) (Entered: 05/29/2024)
2024-05-30MINUTE ORDER. Plaintiff filed this Freedom of Information Act (FOIA) action on March 27, 2024. Dkt. 1 . Defendants answered on May 29, 2024. Dkt. 9 . Cases filed under FOIA are exempt from the requirements of Federal Rule of Civil Procedure 26(f) and Local Civil Rule 16.3. See LCvR 16.3(b)(10). Accordingly, the Court hereby ORDERS the parties to meet and confer and file a joint status report on or before June 13, 2024. The joint status report should address, among other things, (1) the status of Plaintiffs' FOIA requests; (2) the anticipated number of documents responsive to Plaintiffs' FOIA requests; (3) the anticipated date(s) for release of those documents; and (4) whether a motion for a stay under Open America v. Watergate Special Prosecution Force , 547 F.2d 605 (D.C. Cir. 1976), is likely. As set forth in Section 5(d) of the Court's Standing Order, if the parties agree on a proposed schedule for submitting a further joint status report, they should assume that the Court approves the proposed date unless the Court enters an order to the contrary. Counsel shall not contact Chambers directly concerning scheduling or other matters, as Chambers personnel will not handle questions relating to the status or scheduling of pending matters, except in case of an emergency. In an emergency, Chambers can be reached at (202) 354-3350. Signed by Judge Ana C. Reyes on 5/30/2024. (lcsj) (Entered: 05/30/2024)
2024-05-30Set/Reset Deadlines/Hearings: Joint Status Report due by 6/13/2024. (zcdw) (Entered: 05/30/2024)
2024-06-1310Joint STATUS REPORT by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, UNITED STATES DEPARTMENT OF JUSTICE. (Bardo, John) (Entered: 06/13/2024)
2024-07-1511Consent MOTION for Extension of Time to File a Joint Status Report by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Bardo, John) (Entered: 07/15/2024)
2024-07-16MINUTE ORDER. Upon consideration of Defendants' 11 Consent Motion for Extension of Time to File a Joint Status Report, the Court GRANTS Defendants' Motion. The parties shall file a joint status report on or before July 19, 2024. Signed by Judge Ana C. Reyes on 7/16/2024. (lcsj) (Entered: 07/16/2024)
2024-07-16Set/Reset Deadlines: Status Report due by 7/19/2024 (lcsj) (Entered: 07/16/2024)
2024-07-1912Joint STATUS REPORT by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, UNITED STATES DEPARTMENT OF JUSTICE. (Bardo, John) (Entered: 07/19/2024)
2024-09-1613NOTICE and Request for Student Appearance by OFFICE OF THE FEDERAL PUBLIC DEFENDER, MIDDLE DISTRICT OF TENNESSEE (Gutman, Jeffrey) (Entered: 09/16/2024)
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