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Case TitleCAYUGA NATION v. U.S. DEPARTMENT OF INTERIOR
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv02642
Date Filed2020-09-18
Date ClosedOpen
JudgeJudge Amy Berman Jackson
PlaintiffCAYUGA NATION
Case DescriptionThe Cayuga Nation submitted a FOIA request to the Bureau of Indian Affairs for records concerning the visit of Bryan Bald Eagle and Jimmy Gibson to the Cayuga Nation reservation in New York. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Cayuga Nation filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF INTERIOR Bureau of Indian Affairs
Defendant2255
U.S. DEPARTMENT OF INTERIOR
Bureau of Indian Affairs
1849 C Street, N.W.
Washington, DC 20240
DefendantU.S. DEPARTMENT OF INTERIOR
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Opinion/Order [28]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-09-181COMPLAINT against U.S. DEPARTMENT OF INTERIOR ( Filing fee $ 400 receipt number ADCDC-7609217) filed by CAYUGA NATION. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Related Case Form)(Nugent, Gabriel) (Entered: 09/18/2020)
2020-09-182NOTICE OF RELATED CASE by CAYUGA NATION. Case related to Case No. 20-cv-1581-ABJ. (adh, ) (Entered: 09/22/2020)
2020-09-22Case Assigned to Judge Amy Berman Jackson. (adh, ) (Entered: 09/22/2020)
2020-09-223SUMMONS (1) Issued Electronically as to U.S. DEPARTMENT OF INTERIOR. (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 09/22/2020)
2020-09-294ENTERED IN ERROR.....REQUEST FOR SUMMONS TO ISSUE to USAG and DC Dist/US Atty filed by CAYUGA NATION. (Attachments: # 1 Summons Summons to USAO)(Nugent, Gabriel) Modified on 10/1/2020 (zjf). (Entered: 09/29/2020)
2020-10-01NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 4 Request for Summons to Issue was entered in error and counsel was instructed to refile said pleading using the FOIA Summons. (zjf) (Entered: 10/01/2020)
2020-10-025REQUEST FOR SUMMONS TO ISSUE to Attorney General and US Atty. filed by CAYUGA NATION. (Attachments: # 1 Summons Summons to USAO)(Nugent, Gabriel) (Entered: 10/02/2020)
2020-10-026SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (zjf) (Entered: 10/02/2020)
2020-11-137NOTICE of Appearance by Darrell C. Valdez on behalf of U.S. DEPARTMENT OF INTERIOR (Valdez, Darrell) (Entered: 11/13/2020)
2020-11-138ANSWER to Complaint by U.S. DEPARTMENT OF INTERIOR.(Valdez, Darrell) (Entered: 11/13/2020)
2020-11-16MINUTE 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 shall 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 December 14, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 11/16/2020. (lcabj1) (Entered: 11/16/2020)
2020-12-149STATUS REPORT by U.S. DEPARTMENT OF INTERIOR. (Valdez, Darrell) (Entered: 12/14/2020)
2020-12-21MINUTE ORDER. The parties must submit a joint status report by January 18, 2021. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/21/2020. (lcabj1) (Entered: 12/21/2020)
2021-01-1410NOTICE of Appearance by David W. DeBruin on behalf of CAYUGA NATION (DeBruin, David) (Entered: 01/14/2021)
2021-01-1911Joint STATUS REPORT by U.S. DEPARTMENT OF INTERIOR. (Valdez, Darrell) (Entered: 01/19/2021)
2021-01-21MINUTE ORDER. The parties must submit a joint status report by February 5, 2021. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/21/2021. (lcabj1) (Entered: 01/21/2021)
2021-02-0512Joint STATUS REPORT by U.S. DEPARTMENT OF INTERIOR. (Valdez, Darrell) (Entered: 02/05/2021)
2021-02-05MINUTE ORDER. The parties must submit a joint status report by February 19, 2021. Signed by Judge Amy Berman Jackson on 2/5/2021. (lcabj1) (Entered: 02/05/2021)
2021-02-1913Joint STATUS REPORT by U.S. DEPARTMENT OF INTERIOR. (Valdez, Darrell) (Entered: 02/19/2021)
2021-02-22MINUTE ORDER. Defendant must file its motion for summary judgment by April 6, 2021; plaintiff must file its combined cross-motion and opposition to defendant's motion by May 6, 2021; defendant must file its combined reply and cross-opposition by May 27, 2021; and plaintiff must file its cross-reply by June 17, 2021. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/22/2021. (lcabj1) (Entered: 02/22/2021)
2021-04-0214Consent MOTION for Extension of Time to File Dispositive Motions by U.S. DEPARTMENT OF INTERIOR. (Attachments: # 1 Text of Proposed Order)(Valdez, Darrell) (Entered: 04/02/2021)
2021-04-06MINUTE ORDER. Consent Motion to Amend Dispositive Motions Schedule 14 is GRANTED. Defendant must submit its motion for summary judgment by May 7, 2021; plaintiff must file its combined opposition and cross-motion by June 7, 2021; defendant must file its combined reply and opposition to plaintiff's cross-motion by June 28, 2021; and plaintiff must file its reply by July 19, 2021. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/6/2021. (lcabj1) (Entered: 04/06/2021)
2021-04-3015Consent MOTION for Extension of Time to File Dispositive Motions by U.S. DEPARTMENT OF INTERIOR. (Attachments: # 1 Text of Proposed Order)(Valdez, Darrell) (Entered: 04/30/2021)
2021-05-03MINUTE ORDER. 15 Motion for Extension of Time is GRANTED. Defendant must submit its motion for summary judgment by May 21, 2021; plaintiff must file its combined opposition and cross-motion by June 21, 2021; defendant must file its combined reply and opposition to plaintiff's cross-motion by July 12, 2021; and plaintiff must file its reply by August 2, 2021. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/3/2021. (lcabj1) (Entered: 05/03/2021)
2021-05-2116MOTION for Summary Judgment by U.S. DEPARTMENT OF INTERIOR. (Attachments: # 1 Statement of Facts, # 2 Declaration Rebecca Smith, # 3 Declaration Cynthia Elia, # 4 Declaration SAC Terrell Leonard, # 5 Text of Proposed Order)(Valdez, Darrell) (Entered: 05/21/2021)
2021-06-1417Consent MOTION for Extension of Time to File Dispositive Motions by CAYUGA NATION. (Attachments: # 1 Text of Proposed Order)(DeBruin, David) (Entered: 06/14/2021)
2021-06-14MINUTE ORDER. 17 Motion for Extension of Time is GRANTED. Plaintiff must file its combined cross-motion and opposition to defendants' motion by July 6, 2021; defendants must file their combined reply and cross-opposition by July 27, 2021; and plaintiff must file its reply in support of the cross-motion by August 17, 2021. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/14/2021. (lcabj1) (Entered: 06/14/2021)
2021-07-0618Cross MOTION for Summary Judgment by CAYUGA NATION. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Gabriel M. Nugent, # 3 Exhibit A to Declaration, # 4 Exhibit B to Declaration, # 5 Exhibit C to Declaration, # 6 Exhibit D to Declaration, # 7 Exhibit E to Declaration, # 8 Exhibit F to Declaration, # 9 Exhibit G to Declaration, # 10 Exhibit H to Declaration, # 11 Exhibit I to Declaration, # 12 Exhibit J to Declaration, # 13 Exhibit K to Declaration, # 14 Exhibit L to Declaration, # 15 Exhibit M to Declaration, # 16 Statement of Material Facts Not In Genuine Dispute, # 17 Text of Proposed Order)(DeBruin, David) (Entered: 07/06/2021)
2021-07-0619Memorandum in opposition to re 16 MOTION for Summary Judgment filed by CAYUGA NATION. (DeBruin, David) (Entered: 07/06/2021)
2021-07-2320Consent MOTION for Extension of Time to File Response/Reply as to 18 Cross MOTION for Summary Judgment, 16 MOTION for Summary Judgment by U.S. DEPARTMENT OF INTERIOR. (Attachments: # 1 Text of Proposed Order)(Valdez, Darrell) (Entered: 07/23/2021)
2021-07-26MINUTE ORDER. 20 Motion for Extension of Time is GRANTED. Defendant must file its combined reply and cross-opposition by July 30, 2021; plaintiff must file its cross-reply by August 20, 2021. SO ORDERED. Signed by Judge Amy Berman Jackson on 7/26/2021. (lcabj1) (Entered: 07/26/2021)
2021-07-3021MOTION to Strike 18 Cross MOTION for Summary Judgment, 19 Memorandum in Opposition by U.S. DEPARTMENT OF INTERIOR. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Valdez, Darrell) (Entered: 07/30/2021)
2021-08-02MINUTE ORDER. On July 23, 2021, defendant filed a consent motion for extension of time 20 proposing to file its combined opposition to plaintiff's cross motion for summary judgment and reply in support of its motion for summary judgment on July 30, 2021. ("Due to witness availability issues caused by holiday and summer vacation schedules Defendants have been unable to timely prepare a necessary declaration in this matter. Defendants believe that they will be able to finalize the declaration and the Reply/Cross- Opposition with a three-day extension. Accordingly, Defendants request that the Court modify the dispositive motion schedule by three days to allow Defendants time to complete their Reply/Cross-Opposition.") But on July 30, defendant filed a Motion to Strike 21 in lieu of the opposition that was due. See Minute Order dated 7/26/21. It is hereby ORDERED that further briefing of the motion 21 is STAYED pending further order of the Court, the schedule for summary judgment briefing is hereby SUSPENDED, and a telephonic scheduling conference on the record will be held on August 5, 2021 at 2:00 PM. The call-in information will be provided by the Court's Deputy Clerk by separate email. SO ORDERED. Signed by Judge Amy Berman Jackson on 8/2/2021. (lcabj1) (Entered: 08/02/2021)
2021-08-0322RESPONSE re 21 MOTION to Strike 18 Cross MOTION for Summary Judgment, 19 Memorandum in Opposition filed by CAYUGA NATION. (DeBruin, David) (Entered: 08/03/2021)
2021-08-05Minute Entry for Proceedings held before Judge Amy Berman Jackson: Telephone Scheduling Conference Call held on 8/5/2021. For the reasons stated on the record during the call, Defendant's 21 Motion to Strike is DENIED. The following revised schedule shall now apply: Defendant's Reply in Support of its Motion for Summary Judgment and Opposition to Plaintiff's Cross Motion for Summary Judgment is due by 8/13/2021; any Reply by Plaintiff to its Cross Motion for Summary Judgment is due by 9/3/2021. (Court Reporter: Janice Dickman) (jth) (Entered: 08/05/2021)
2021-08-1323Memorandum in opposition to re 18 Cross MOTION for Summary Judgment filed by U.S. DEPARTMENT OF INTERIOR. (Attachments: # 1 Statement of Facts, # 2 Declaration Smith Supp., # 3 Declaration AUSA Valdez, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Text of Proposed Order)(Valdez, Darrell) (Entered: 08/13/2021)
2021-08-1324REPLY to opposition to motion re 16 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF INTERIOR. (Attachments: # 1 Declaration, # 2 Declaration, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(Valdez, Darrell) (Entered: 08/13/2021)
2021-09-0325REPLY to opposition to motion re 18 Cross MOTION for Summary Judgment filed by CAYUGA NATION. (DeBruin, David) (Entered: 09/03/2021)
2022-02-24MINUTE ORDER. In order to assist the Court in making a responsible de novo determination, defendant is ORDERED to submit unredacted versions of the documents that are at issue in this case (the Briefing Report and the Trip Report) for in camera inspection. See Ray v. Turner, 587 F.2d 1187, 1195 (D.C. Cir. 1978). The documents must be submitted by March 1, 2022. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/24/2022. (lcabj1) (Entered: 02/24/2022)
2022-02-25Set/Reset Deadline: In Camera submission from Defendant is due by 3/1/2022. (jth) (Entered: 02/25/2022)
2022-02-2826NOTICE of Delivery of Documents for In Camera Review by U.S. DEPARTMENT OF INTERIOR re Order,, Set Deadlines, (Valdez, Darrell) (Entered: 02/28/2022)
2022-03-2527ORDER. For the reasons stated in the accompanying Memorandum Opinion, Defendant's Motion for Summary Judgment 16 is GRANTED in part and DENIED in part, and Plaintiff's Cross-Motion for Summary Judgment 18 is also GRANTED in part and DENIED in part. See Order for details. Signed by Judge Amy Berman Jackson on 3/25/2022. (lcabj1) (Entered: 03/25/2022)
2022-03-2528MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 3/25/2022. (lcabj1) (Entered: 03/25/2022)
2022-04-2029NOTICE of Change of Address by Darrell C. Valdez (Valdez, Darrell) (Entered: 04/20/2022)
2022-04-2030Consent MOTION for Extension of Time to Comply with Court Order by U.S. DEPARTMENT OF INTERIOR. (Attachments: # 1 Text of Proposed Order)(Valdez, Darrell) (Entered: 04/20/2022)
2022-04-21MINUTE ORDER. 30 Motion for Extension is GRANTED. Defendant is ORDERED to provide plaintiff with the documents and other matters related to Count II of the Complaint by May 9, 2022. The parties must submit a joint status report concerning the results of a further search of records, per Count I of the Complaint, by May 23, 2022. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/21/2022. (lcabj1) (Entered: 04/21/2022)
2022-04-2931MOTION to Amend/Correct 28 Memorandum & Opinion, 27 Order on Motion for Summary Judgment,,,, Set/Reset Deadlines, by U.S. DEPARTMENT OF INTERIOR. (Attachments: # 1 Text of Proposed Order)(Valdez, Darrell) (Entered: 04/29/2022)
2022-04-2932MOTION for Extension of Time to disclose disputed record , MOTION to Clarify by U.S. DEPARTMENT OF INTERIOR. (Attachments: # 1 Text of Proposed Order)(Valdez, Darrell). Added MOTION to Clarify on 4/29/2022 (zjf). (Entered: 04/29/2022)
2022-05-03MINUTE ORDER. In order to assist with consideration of the pending motions, the defendant is ORDERED to again submit unredacted versions of the documents that are at issue in this case (the Briefing Report and the Trip Report) for in camera inspection by May 6, 2022. The Court apologizes for the inconvenience. Signed by Judge Amy Berman Jackson on 5/3/2022. (lcabj1) (Entered: 05/03/2022)
2022-05-0533NOTICE of Delivery of Documents for In Camera Review by U.S. DEPARTMENT OF INTERIOR re Order,, Set Deadlines, 31 MOTION to Amend/Correct 28 Memorandum & Opinion, 27 Order on Motion for Summary Judgment,,,, Set/Reset Deadlines, (Valdez, Darrell) (Entered: 05/05/2022)
2022-05-0934NOTICE OF SUPPLEMENTAL AUTHORITY by U.S. DEPARTMENT OF INTERIOR (Attachments: # 1 Declaration, # 2 Exhibit Revised Redacted Trip Report)(Valdez, Darrell) (Entered: 05/09/2022)
2022-05-0935NOTICE of Compliance with Court Order by U.S. DEPARTMENT OF INTERIOR re 27 Order on Motion for Summary Judgment,,,, Set/Reset Deadlines, (Valdez, Darrell) (Entered: 05/09/2022)
2022-05-11MINUTE ORDER. Defendant's motion for clarification 31 is GRANTED. Defendant need not produce "[t]he first sentence of the second paragraph under 'District Office Response and Other Coordination' on page three" of the Briefing Report, as that sentence is indeed protected by FOIA Exemption 7(D). As a result, the motion for an extension of time to produce the record 32 is moot. Additionally, the Court finds that defendant's supplemental declaration [34-1] is sufficient to support the agency's invocation of FOIA Exemption b(5), and the attorney-client privilege, to withhold that portion of pages 4-5 of the Trip Report under the heading "Cayuga BIA Outreach Continued," summarizing a March 18, 2020 meeting with the then-U.S. Attorney James Kennedy. Thus, the withholdings proposed in the Revised Redacted Trip Report [34-2] are proper, and defendant's motion for summary judgment 16 will be granted with respect to that issue and the plaintiff's cross-motion 18 will be denied as to that issue. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/11/2022. (lcabj1) (Entered: 05/11/2022)
2022-05-2336Joint STATUS REPORT by U.S. DEPARTMENT OF INTERIOR. (Valdez, Darrell) (Entered: 05/23/2022)
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