Skip to content

Case Detail

[Subscribe to updates]
Case TitleMoujtahid et al v. United States Citizenship and Immigration Services et al
DistrictWestern District of Washington
CitySeattle
Case Number2:2018cv01789
Date Filed2018-12-12
Date ClosedOpen
JudgeJudge Ricardo S. Martinez
PlaintiffFatima Moujtahid on behalf of herself and her minor child
PlaintiffBM
PlaintiffJay Gairson in his professional capacity as the requester on behalf of his clients Fatima Moujtahid and BM
Case DescriptionJay Gairson, an attorney representing Fatima Moujtahid, submitted a FOIA request on her behalf to U.S. Citizenship and Immigration Services for records concerning her and her child. The agency told Gairson that he had failed to perfect his request. Gairson then submitted a second request. This time the agency told Gairson that it could not locate his first request. After hearing nothing further from the agency, Moujtahid filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver

DefendantUnited States Citizenship and Immigration Services ("USCIS")
DefendantUS Citizenship and Immigration Services ("USCIS")
DefendantUnited States Department of Homeland Security ("DHS")
DefendantNational Records Center ("NRC")
DefendantKirstjen Nielsen in her official capacity as Secretary of the DHS
DefendantL Francis Cissna in his official capacity as Director of USCIS
DefendantJill A Eggleston in her official capacity as the USCIS and NRC FOIA/PA Public Liaison
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [15]
Opinion/Order [18]
Opinion/Order [20]
Opinion/Order [23]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-12-121SEALED DOCUMENTS COMPLAINT for declaratory relief and injunctive relief for violation of the Freedom Of Information Act against All Defendants (Receipt # 0981-5579068) Attorney Jay W. Gairson added to party Jay Gairson(pty:pla), Attorney Jay W. Gairson added to party BM (pty:pla), Attorney Jay W. Gairson added to party Fatima Moujtahid(pty:pla), filed by Jay Gairson, BM, Fatima Moujtahid. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Exhibit Declaration of Jay Gairson and Exhibits to Complaint)(Gairson, Jay) Modified on 12/17/2018 (KB). (Entered: 12/12/2018)
2018-12-122SEALED DOCUMENT PRAECIPE TO ISSUE SUMMONS re 1 Complaint,, Summons of US Attorney by Plaintiffs Jay Gairson, BM, Fatima Moujtahid (Gairson, Jay) Modified on 12/17/2018 (KB). (Entered: 12/12/2018)
2018-12-13Judge Ricardo S. Martinez added. (SNP) (Entered: 12/13/2018)
2018-12-133NOTICE TO FILER: re 1 Complaint,,. Notice of Filing Deficiency ** Action Required ** See Attached Letter for More Information and Instructions. (SNP) (Entered: 12/13/2018)
2018-12-134SEALED DOCUMENT Summons(es) Electronically Issued as to defendant(s) All Defendants (Attachments: # 1 Summons)(SNP) Modified on 12/17/2018 (KB). (Entered: 12/13/2018)
2018-12-135SEALED DOCUMENT REDACTION to 1 Complaint, Declaration of Jay Gairson and Exhibits to Complaint by Plaintiffs Jay Gairson, BM, Fatima Moujtahid (Gairson, Jay) Modified on 12/17/2018 (KB). (Entered: 12/13/2018)
2018-12-136PRAECIPE TO ISSUE SUMMONS re 1 Complaint by Plaintiffs Jay Gairson, BM, Fatima Moujtahid SEALED DOCUMENTS (Attachments: # 1 Summons of USDHS, # 2 Summons of NRC, # 3 Summons of Nielsen, # 4 Summons of Eggleston, # 5 Summons of Cissna)(Gairson, Jay) Modified on 12/17/2018 (KB). (Entered: 12/13/2018)
2018-12-147SEALED DOCUMENT Summons(es) Electronically Issued as to defendant(s) All Defendants (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(SNP) Modified on 12/17/2018 - sealed summons as they contain minor child's full name (KB). (Entered: 12/14/2018)
2018-12-148SEALED DOCUMENT Summons Electronically Issued as to defendant United States Department of Homeland Security (main document) (Attachments: # 1 Summons - National Records Center, # 2 Summons - Kirstjen Nielsen, # 3 Summons - L Francis Cissna, # 4 Summons - Jill A Eggleston) (PM) Modified on 12/17/2018 - sealed summons as they contain minor child's full name (KB). (Entered: 12/14/2018)
2018-12-179NOTICE TO FILER: re 1 Complaint,,. Notice of Filing Deficiency ** Action Required ** See Attached Letter for More Information and Instructions. (SNP) (Entered: 12/17/2018)
2018-12-1710REDACTION to 1 Complaint,, by Plaintiffs BM, Jay Gairson, Fatima Moujtahid (Attachments: # 1 Civil Cover Sheet Redacted Civil Cover Sheet, # 2 Exhibit Redacted Exhibits)(Gairson, Jay) (Entered: 12/17/2018)
2019-01-0311ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 2/14/2019, FRCP 26f Conference Deadline is 1/31/2019, Initial Disclosure Deadline is 2/7/2019, by Judge Ricardo S. Martinez. (LW) (Entered: 01/03/2019)
2019-01-1512NOTICE of Appearance by attorney Michelle R. Lambert on behalf of Defendants L Francis Cissna, Jill A Eggleston, National Records Center, Kirstjen Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security. (Lambert, Michelle) (Entered: 01/15/2019)
2019-01-1513MOTION to Stay re 11 Joint Status Report Order Form for District Judges, 1 Complaint,, Deadlines , filed by Defendants L Francis Cissna, Jill A Eggleston, National Records Center, Kirstjen Nielsen, United States Citizenship and Immigration Services. (Attachments: # 1 Proposed Order) Noting Date 1/25/2019, (Lambert, Michelle) (Entered: 01/15/2019)
2019-01-1514Stipulated MOTION to Extend Time to Respond to Complaint , filed by Defendants L Francis Cissna, Jill A Eggleston, National Records Center, Kirstjen Nielsen, United States Citizenship and Immigration Services. Noting Date 1/15/2019, (Lambert, Michelle) (Entered: 01/15/2019)
2019-01-1715ORDER granting parties' 14 Stipulated Motion for Extension of Time. Defendants' time to respond to the Complaint is extended to 2/4/2019. Signed by Judge Ricardo S. Martinez. (PM) (Entered: 01/17/2019)
2019-01-2316RESPONSE, by Plaintiffs BM, Jay Gairson, Fatima Moujtahid, to 13 MOTION to Stay re 11 Joint Status Report Order Form for District Judges, 1 Complaint,, Deadlines . (Attachments: # 1 Proposed Order denying Motion for Stay)(Gairson, Jay) (Entered: 01/23/2019)
2019-01-2417REPLY, filed by Defendants L Francis Cissna, Jill A Eggleston, National Records Center, Kirstjen Nielsen, US Citizenship and Immigration Services, United States Department of Homeland Security, TO RESPONSE to 13 MOTION to Stay re 11 Joint Status Report Order Form for District Judges, 1 Complaint,, Deadlines (Lambert, Michelle) (Entered: 01/24/2019)
2019-01-2418ORDER granting Defendants' 13 Motion for a Stay of Deadlines in Light of Lapse of Appropriations. All pending deadlines, including the deadline to answer the complaint, are hereby STAYED and are hereby EXTENDED commensurate with the duration of the lapse in appropriations. Signed by Judge Ricardo S. Martinez. (PM) (Entered: 01/24/2019)
2019-01-2919NOTICE of Appropriation Rec'd and PO re resetting deadlines ; filed by Defendants L Francis Cissna, Jill A Eggleston, National Records Center, Kirstjen Nielsen, US Citizenship and Immigration Services, United States Department of Homeland Security. (Lambert, Michelle) (Entered: 01/29/2019)
2019-01-3120ORDER LIFTING STAY. The parties shall comply with the following deadlines: Deadline for Defendants to Respond to the Complaint is 2/4/2019, FRCP 26f Conference Deadline is 2/19/2019, Initial Disclosure Deadline is 2/26/2019, Joint Status Report due by 3/2/2019. Signed by Judge Ricardo S. Martinez. (TH) (Entered: 01/31/2019)
2019-02-0421ANSWER to 1 Complaint,, by L Francis Cissna, Jill A Eggleston, National Records Center, Kirstjen Nielsen, US Citizenship and Immigration Services, United States Department of Homeland Security.(Lambert, Michelle) (Entered: 02/04/2019)
2019-03-0122STIPULATION AND PROPOSED ORDER for relief from initial discovery deadline and JSR by parties (Lambert, Michelle) (Entered: 03/01/2019)
2019-03-0523ORDER releasing parties from the initial disclosure requirements of Rule 26(a)(1), as well as the requirements of Rule 26(f), requiring the parties to prepare a discovery plan per 22 Stipulation. Joint Status Report due by 4/29/2019. Signed by Judge Ricardo S. Martinez. (PM) (Entered: 03/05/2019)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar