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Case TitleFEDERAL PUBLIC DEFENDER, DISTRTICT OF NEVADA et al v. U.S. DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2024cv00383
Date Filed2024-02-08
Date Closed2024-04-03
JudgeJudge Tanya S. Chutkan
PlaintiffFEDERAL PUBLIC DEFENDER, DISTRTICT OF NEVADA
PlaintiffJAMES MICHAEL WELLS
Case DescriptionThe Federal Public Defender for the District of Nevada submitted a FOIA request to the FBI for records concerning the investigation of James Wells for murder. The agency acknowledged receipt of the request. The agency denied the request under Exemption 7(A) (interference with ongoing investigation or proceeding). FPD filed an administrative appeal of the denial After hearing nothing further from the agency, FPD filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF JUSTICE
DefendantU.S. DEPARTMENT OF JUSTICE
950 Pennsylvania Avenue NW
Washington, DC 20530
DefendantFEDERAL BUREAU OF INVESTIGATION
DefendantFEDERAL BUREAU OF INVESTIGATION
935 Pennsylvania Avenue, NW
Washington, DC 20535
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-02-081COMPLAINT for Injunctive and Declaratory Relief against All Defendants (Fee Status:Filing Fee Waived) filed by FEDERAL PUBLIC DEFENDER, DISTRTICT OF NEVADA, JAMES MICHAEL WELLS. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Civil Cover Sheet Civil Cover Sheet, # 6 Summons U.S. Attorney General, # 7 Summons Federal Bureau of Investigation, # 8 Summons Civil Process Clerk, # 9 Summons U.S. Dept. of Justice)(Overmyer, Wendi) (Attachment 5 replaced on 2/9/2024) (zrtw). (Entered: 02/08/2024)
2024-02-09Case Assigned to Judge Tanya S. Chutkan. (zrtw) (Entered: 02/09/2024)
2024-02-092SUMMONS (4) Issued Electronically as to FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zrtw) (Entered: 02/09/2024)
2024-03-143NOTICE of Appearance by Tabitha Bartholomew on behalf of All Defendants (Bartholomew, Tabitha) (Entered: 03/14/2024)
2024-03-254RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/22/2024. Answer due for ALL FEDERAL DEFENDANTS by 3/23/2024. (Overmyer, Wendi) Modified on 3/28/2024 to correct date served and answer date (zjm). (Entered: 03/25/2024)
2024-03-255ANSWER to Complaint by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE.(Bartholomew, Tabitha) (Entered: 03/25/2024)
2024-03-256RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 3/4/2024; U.S. DEPARTMENT OF JUSTICE served on 3/4/2024, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/5/2024. (See Docket Entry 4 to view document) (zjm) (Entered: 03/28/2024)
2024-03-28MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. If either party anticipates filing a dispositive motion, the parties shall propose a briefing schedule taking into account Plaintiff's deadlines in Wells v. United States, No. 22-7674 (U.S. June 26, 2023) (see ECF No. 1 at 9). The parties shall avoid proposing a schedule that contains submission of simultaneous dispositive cross-motions. The parties shall file a joint status report that addresses these issues no later than 4/24/2024. The joint status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 3/28/2024. (lca) (Entered: 03/28/2024)
2024-03-29Set/Reset Deadlines: Parties Joint Status Report due by 4/24/2024. (mac) (Entered: 03/29/2024)
2024-04-027STIPULATION of Dismissal to Voluntarily Dismiss Complaint by JAMES MICHAEL WELLS. (Overmyer, Wendi) (Entered: 04/02/2024)
2024-04-03MINUTE ORDER DISMISSING CASE: In light of the parties' 7 Stipulation of Dismissal, this action is dismissed pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). The Clerk of the Court shall close this case. Signed by Judge Tanya S. Chutkan on 4/3/2024. (lca) (Entered: 04/03/2024)
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