Case: 4:17-cv-00421-RCC As of: 01/30/2019 04:07 AM MST 1 of 4 CASREF,DTE,EXP U.S. District Court DISTRICT OF ARIZONA (Tucson Division) CIVIL DOCKET FOR CASE #: 4:17−cv−00421−RCC Gonzalez−Gallegos v. Department of Justice et al Date Filed: 08/24/2017 Assigned to: Chief Judge Raner C Collins Jury Demand: None Cause: 05:552 Freedom of Information Act Nature of Suit: 540 Prisoner: Mandamus & Other Jurisdiction: U.S. Government Defendant Plaintiff Eduardo Gonzalez−Gallegos represented by Eduardo Gonzalez−Gallegos # 31868−198 TUCSON−AZ−TUCSON−USP U.S. PENITENTIARY P.O. BOX 24550 TUCSON, AZ 85734 PRO SE V. Defendant Department of Justice represented by Katherine V Foss US Attorneys Office − Tucson, AZ 405 W Congress St., Ste. 4800 Tucson, AZ 85701−4050 520−620−7380 Fax: 520−620−7138 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Federal Bureau of Investigation represented by Katherine V Foss (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Executive Office for United States represented by Katherine V Foss Attorneys (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Date Filed # Docket Text 08/24/2017 1 COMPLAINT filed by Eduardo Gonzalez−Gallegos. (15 pages) (Attachments: # 1 Envelope)(DLC) (Entered: 08/28/2017) 08/24/2017 2 APPLICATION for Leave to Proceed In Forma Pauperis by Eduardo Gonzalez−Gallegos. (2 pages) (DLC) (Entered: 08/28/2017) 08/24/2017 3 Prisoner Trust Fund Account Statement by Eduardo Gonzalez−Gallegos. (8 pages) (DLC) (Entered: 08/28/2017) 08/24/2017 4 NOTICE OF ASSIGNMENT: (DLC) (Entered: 08/28/2017) 09/05/2017 5 (VACATED BY DOC 7 )− SCHEDULING ORDER (FOIA): It is Ordered that Defendant shall serve an answer or otherwise plead within 30 days after service, unless the Court otherwise directs for good cause shown (see attached Order for complete Case: 4:17-cv-00421-RCC As of: 01/30/2019 04:07 AM MST 2 of 4 details). Signed by Chief Judge Raner C Collins on 9/5/2017. (MFR) Modified on 1/19/2018 (BAR). (Entered: 09/05/2017) 09/21/2017 6 MOTION for an order for United States Marshal's service to effectuate service of process by Eduardo Gonzalez−Gallegos. (2 pages) (BAR) (Entered: 09/21/2017) 01/19/2018 7 ORDERED: The September 5, 2017 Scheduling Order is VACATED. Plaintiff's 6 Motion for an Order for United States Marshal's Service to Effectuate Service of Process is denied as moot. Plaintiff's 2 Motion for Leave to Proceed In Forma Pauperis is granted. The Clerk of Court must send Plaintiff a service packet including the Complaint, this Order, and summons forms for Defendants the Department of Justice, the Federal Bureau of Investigation, and the Executive Office for United States Attorneys. Plaintiff must complete and return the service packet to the Clerk of Court within 21 days of the date of filing of this Order. Signed by Chief Judge Raner C Collins on 1/18/2018. (BAR) (Entered: 01/19/2018) 01/19/2018 8 ORDER Directing Monthly Payments be made from Prison Account of Eduardo Gonzalez−Gallegos. Signed by Chief Judge Raner C Collins on 1/18/2018. (BAR) (Entered: 01/19/2018) 03/01/2018 9 SERVICE EXECUTED : USMS Process Receipt and Return re: Complaint, Order, Summons upon USAO, Tucson, AZ on 2/23/2018. (BAR) (Entered: 03/01/2018) 03/08/2018 10 MOTION for Extension of Time to File Answer by Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation. (Attachments: # 1 Text of Proposed Order)(Foss, Katherine) (Entered: 03/08/2018) 03/30/2018 11 SERVICE EXECUTED : USMS Process Receipt and Return re: Complaint, Order, Summons upon Executive Office for United States Attorneys on 3/26/2018. (SIB) (Entered: 04/02/2018) 03/30/2018 12 SERVICE EXECUTED : USMS Process Receipt and Return re: Complaint, Order, Summons upon Department of Justice on 3/26/2018. (SIB) (Entered: 04/02/2018) 03/30/2018 13 SERVICE EXECUTED : USMS Process Receipt and Return re: Complaint, Order, Summons upon Federal Bureau of Investigation on 3/26/2018. (SIB) (Entered: 04/02/2018) 04/05/2018 14 ORDER GRANTING Defendants' 10 Motion for Extension of Time to Respond to Plaintiff's Complaint. Defendants shall have up to and including 4/25/18 to file their answers. Signed by Chief Judge Raner C Collins on 4/4/18. (BAC) (Entered: 04/05/2018) 04/25/2018 15 ANSWER to 1 Complaint by Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation.(Foss, Katherine) (Entered: 04/25/2018) 05/11/2018 16 ORDER: the following summary judgment briefing schedule is entered in this case: Defendants' opening brief, supporting affidavits, and Vaughn index(es) shall be filed no later than 7/27/2018; Plaintiff's response is due on or before 8/31/2018; Defendants' reply shall be filed on or before 9/17/2018; All warnings previously issued shall remain in full force and effect. Signed by Chief Judge Raner C Collins on 5/10/2018. (MCO) (Entered: 05/11/2018) 05/21/2018 17 MOTION to Stay Proceedings Pending Resolution of Exhaustion Issue by Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation. (Attachments: # 1 Text of Proposed Order)(Foss, Katherine) (Entered: 05/21/2018) 05/23/2018 18 ORDER denying 17 Motion to Stay Proceedings Pending Resolution of Exhaustion Issue. All deadlines set in and by the Court's previous order remain in full effect. Signed by Chief Judge Raner C Collins on 5/23/2018. (BAR) (Entered: 05/23/2018) 07/27/2018 19 MOTION for Summary Judgment by Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation. (Foss, Katherine) (Entered: 07/27/2018) Case: 4:17-cv-00421-RCC As of: 01/30/2019 04:07 AM MST 3 of 4 07/27/2018 20 STATEMENT OF FACTS re: 19 MOTION for Summary Judgment by Defendants Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation. (Attachments: # 1 Exhibit 1, # 2 Exhibits A−V to Exhibit 1, # 3 Exhibit 2)(Foss, Katherine) (Entered: 07/27/2018) 08/06/2018 21 ORDERED that Plaintiff must file a response to Defendants' 19 MOTION for Summary Judgment no later than 9/5/2018. Further ordered that Defendants may file a reply within 15 days after service of Plaintiff's response. Signed by Chief Judge Raner C Collins on 8/6/2018. (SEE ORDER FOR COMPLETE DETAILS.)(BAR) (Entered: 08/06/2018) 08/31/2018 22 (STRICKEN BY DOC 30 )− MOTION for Limited Discovery by Eduardo Gonzalez−Gallegos. (Attachments: # 1 Exhibit A−I) (68 pages) (KAH) Modified on 9/21/2018 (BAR). (Entered: 09/04/2018) 09/10/2018 23 MOTION for Extension of Time to File Response to 19 MOTION for Summary Judgment by Eduardo Gonzalez−Gallegos. (3 p[ages) (BAR) (Entered: 09/11/2018) 09/10/2018 24 DECLARATION of Eduardo Gonzalez−Gallegos re: 23 MOTION for Extension of Time to File Response to 19 MOTION for Summary Judgment by Plaintiff Eduardo Gonzalez−Gallegos. (2 pages) (BAR) (Entered: 09/11/2018) 09/17/2018 25 NOTICE of Error re Declaration by Eduardo Gonzalez−Gallegos. (2 pages) (BAR) (Entered: 09/18/2018) 09/17/2018 26 MOTION to Strike Defendant Gonzalez' Motion to Stay filed on August 28, 2018 and Substitute his Corrected Motion to Stay Summary Judgment proceedings pending Discovery Nunc Pro Tunc by Eduardo Gonzalez−Gallegos. (2 pages) (BAR) Modified on 9/21/2018 (BAR). (Entered: 09/18/2018) 09/17/2018 27 MOTION to Stay Summary Judgment Proceedings Pending Discovery Nunc Pro Tunc by Eduardo Gonzalez−Gallegos. (7 pages) (BAR) (Entered: 09/18/2018) 09/17/2018 28 DECLARATION of Daniel Castleman by Plaintiff Eduardo Gonzalez−Gallegos. (2 pages) (BAR) (Entered: 09/18/2018) 09/18/2018 29 MOTION for Extension of Time to File Response/Reply as to 27 MOTION to Stay, 22 MOTION for Discovery by Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation. (Attachments: # 1 Text of Proposed Order)(Foss, Katherine) (Entered: 09/18/2018) 09/21/2018 30 ORDERED: Defendant's 29 Motion for Extension of Time to File Response is granted. Defendants shall have up to and including 10/2/2018 to file their response to Plaintiff's 27 MOTION to Stay to Summary Judgment Proceedings Pending Discovery Nunc Pro Tunc. Plaintiff's 26 Motion to Strike is granted and the Clerk shall strike 22 MOTION from the record. Signed by Judge Raner C Collins on 9/19/2018. (BAR) (Entered: 09/21/2018) 10/02/2018 31 RESPONSE in Opposition re: 27 MOTION to Stay pending Discovery filed by Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation. (Attachments: # 1 ***STRICKEN PER DOC 36 ** Exhibit A)(Foss, Katherine) Modified on 1/29/2019 (BAR). (Entered: 10/02/2018) 10/18/2018 32 MOTION for Extension of Time to File Reply to 27 MOTION to Stay Pending Discovery by Eduardo Gonzalez−Gallegos. (5 pages) (BAR) (Entered: 10/19/2018) 10/19/2018 33 MOTION to Strike Footnote One and Any References to Exhibit A, Parker Declaration re 31 Response in Opposition to Motion by Eduardo Gonzalez−Gallegos. (Attachments: # 1 Exhibit A) (10 pages)(BAR) (Entered: 10/23/2018) 11/05/2018 34 REPLY to Response to Motion re: 27 MOTION to Stay filed by Eduardo Gonzalez−Gallegos. (12 pages) (BAR) (Entered: 11/05/2018) 12/26/2018 35 MOTION to Stay Case Due to Federal Government Shutdown by Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation. (Attachments: # 1 Text of Proposed Order)(Foss, Katherine) (Entered: 12/26/2018) 01/29/2019 36 ORDERED: Plaintiff's 23 Motion for Extension of Time to File Response to the Motion for Summary Judgment is denied as moot. Plaintiff's 33 Motion to Strike is Case: 4:17-cv-00421-RCC As of: 01/30/2019 04:07 AM MST 4 of 4 granted. The Clerk of the Court shall strike Exhibit A to Defendants' Response in Opposition to the Motion to Stay Pending Discovery. Plaintiff's 27 Motion to Stay Summary Judgment Proceedings Pending Discovery is denied. Plaintiff must file his response to Defendants' Motion for Summary Judgment within 30 days of his receipt of this order. Plaintiff's 32 Motion for Extension of Time to File Reply is denied as moot. Defendants' 35 Motion to Stay Case Due to Federal Government Shutdown is denied as moot. Signed by Judge Raner C Collins on 1/28/2019. (BAR) (Entered: 01/29/2019)