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Case TitleFEDERAL PUBLIC DEFENDER, DISTRICT OF NEVADA et al v. U.S. DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv00382
Date Filed2023-02-09
Date ClosedOpen
JudgeJudge Amit P. Mehta
PlaintiffFEDERAL PUBLIC DEFENDER, DISTRICT OF NEVADA
PlaintiffWESLEY PAUL COONCE, JR. Reg. No. 30011-039
Case DescriptionThe Federal Public Defender for the District of Nevada submitted a FOIA request to the Department of Justice for records concerning Wesley Paul Coonce, a convicted murderer in federal prison who the Federal Defender's Office is representing on appeal of his conviction. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Federal Public Defender filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF JUSTICE
DefendantDEPARTMENT OF JUSTICE
DefendantFEDERAL BUREAU OF PRISONS
DefendantFEDERAL BUREAU OF PRISON
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
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-02-091COMPLAINT against All Defendants (Fee Status:Filing Fee Waived) filed by FEDERAL PUBLIC DEFENDER, DISTRICT OF NEVADA, WESLEY PAUL COONCE, Jr. (Attachments: # 1 Exhibit List, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Civil Cover Sheet, # 11 Summons Attorney General, # 12 Summons BOP, # 13 Summons Civil Process Clerk, # 14 Summons DOJ)(Bizzaro, Amelia) (Attachment 10 replaced on 2/10/2023) (zljn). (Entered: 02/09/2023)
2023-02-10Case Assigned to Judge Amit P. Mehta. (zljn) (Entered: 02/10/2023)
2023-02-102SUMMONS (4) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zljn) (Entered: 02/10/2023)
2023-02-163CERTIFICATE OF SERVICE by FEDERAL PUBLIC DEFENDER, DISTRICT OF NEVADA . (Bizzaro, Amelia) (Entered: 02/16/2023)
2023-02-164RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/16/2023. ( Answer due for ALL FEDERAL DEFENDANTS by 3/18/2023.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 2/16/2023., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF PRISONS served on 2/15/2023; U.S. DEPARTMENT OF JUSTICE served on 2/16/2023. (See Docket Entry 3 to view document). (znmw) (Entered: 02/17/2023)
2023-02-175RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF PRISONS served on 2/17/2023; U.S. DEPARTMENT OF JUSTICE served on 2/17/2023, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/16/2023. ( Answer due for ALL FEDERAL DEFENDANTS by 3/18/2023.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 2/16/2023. (Bizzaro, Amelia) Modified docket event/text on 2/27/2023 (zed). (Entered: 02/17/2023)
2023-03-206Consent MOTION for Extension of Time to File Answer re 1 Complaint,, by FEDERAL BUREAU OF PRISONS, U.S. DEPARTMENT OF JUSTICE. (Moustakas, John) (Entered: 03/20/2023)
2023-03-21MINUTE ORDER granting 6 Consent Motion for Extension of Time to Respond. Defendant's response to Plaintiff's Complaint shall now be due on or before April 19, 2023. Signed by Judge Amit P. Mehta on 3/21/2023. (lcapm2) (Entered: 03/21/2023)
2023-04-187ANSWER to Complaint by FEDERAL BUREAU OF PRISONS, U.S. DEPARTMENT OF JUSTICE.(Moustakas, John) (Entered: 04/18/2023)
2023-04-198ORDER. 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 2, 2023. The Joint Status Report shall include (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's 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 04/19/2023. (lcapm2) (Entered: 04/19/2023)
2023-04-19Set/Reset Deadlines: Status Report due by 5/2/2023 (zjch, ) (Entered: 04/19/2023)
2023-05-029Joint STATUS REPORT by FEDERAL PUBLIC DEFENDER, DISTRICT OF NEVADA. (Bizzaro, Amelia) (Entered: 05/02/2023)
2023-05-04MINUTE ORDER. The parties shall file an additional Joint Status Report by July 7, 2023, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 05/04/2023. (lcapm2) (Entered: 05/04/2023)
2023-07-0710Joint STATUS REPORT by FEDERAL PUBLIC DEFENDER, DISTRICT OF NEVADA. (Bizzaro, Amelia) (Entered: 07/07/2023)
2023-07-10MINUTE ORDER. The parties shall file an additional Joint Status Report by November 8, 2023, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 07/10/2023. (lcapm2) (Entered: 07/10/2023)
2023-11-0811Joint STATUS REPORT by FEDERAL BUREAU OF PRISONS, U.S. DEPARTMENT OF JUSTICE. (Moustakas, John) (Entered: 11/08/2023)
2023-11-09MINUTE ORDER. The parties shall file an additional Joint Status Report by March 8, 2024, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 11/9/23. (lcapm2) (Entered: 11/09/2023)
2024-01-1712NOTICE OF SUBSTITUTION OF COUNSEL by Douglas C. Dreier on behalf of All Defendants Substituting for attorney John Moustakas (Dreier, Douglas) (Entered: 01/17/2024)
2024-03-0813Joint STATUS REPORT by FEDERAL BUREAU OF PRISONS, U.S. DEPARTMENT OF JUSTICE. (Dreier, Douglas) (Entered: 03/08/2024)
2024-03-08MINUTE ORDER. The parties shall file an additional Joint Status Report by June 28, 2024, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 3/8/24. (lcapm2) (Entered: 03/08/2024)
2024-03-08Set/Reset Deadlines: Joint Status Report due by 6/28/2024. (zed) (Entered: 03/11/2024)
2024-03-11Set/Reset Deadlines: Joint Status Report due by 6/28/2024. (smc) (Entered: 03/11/2024)
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