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Case TitleHegyi et al v. Gomez et al
DistrictEastern District of Louisiana
CityNew Orleans
Case Number2:2013cv06430
Date Filed2013-11-18
Date Closed2014-10-21
JudgeJudge Jane Triche Milazzo
PlaintiffNicole Hegyi
PlaintiffBalazs Hegyi
Case DescriptionNicole Hegyi submittd a FOIA request to U.S. Citizenship and Immigration Services. After hearing nothing further from the agency, she filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantCindy Gomez District Director, U.S. Citizenship and Immigration Services
DefendantU.S. Department of Justice Eric Holder, U.S. Attorney General
DefendantU.S. Department of Homeland Security Rand Beers, Secretary
DefendantU.S. Citizenship and Immigration Services Alejandro Mayorkas, Director
DefendantStanley Crockett Field Office Director, New Orleans Field Office, U.S. Citizenship and Immigration Services
Documents
Docket
Opinion/Order [35]
FOIA Project Annotation: The court rejected Nicole Hegyi's motion for a default judgment based on the agency's failure to respond to her request.
Issues: Litigation - Jurisdiction
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2013-11-181Petition for Writ of Mandamus against All Defendants (Filing fee $ 400 receipt number 053L-4233690) filed by Balazs Hegyi, Nicole Hegyi. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Civil Cover Sheet, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons)Attorney Michael Wayne Gahagan added to party Balazs Hegyi(pty:pla), Attorney Michael Wayne Gahagan added to party Nicole Hegyi(pty:pla).(Gahagan, Michael) (Entered: 11/18/2013)
2013-11-182Initial Case Assignment to Judge Jane Triche Milazzo and Magistrate Judge Joseph C. Wilkinson, Jr. (mmv, ) (Entered: 11/18/2013)
2013-11-193Summons Submitted for Issuance (Gahagan, Michael) (Entered: 11/19/2013)
2013-11-194Summons Issued as to Stanley Crockett, Cindy Gomez, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Department of Justice. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(my, ) (Entered: 11/19/2013)
2013-11-205Summons Issued as to U.S. Citizenship and Immigration Services. (my, ) (Entered: 11/20/2013)
2013-11-206MOTION for Partial Summary Judgment by Balazs Hegyi, Nicole Hegyi. Motion set for 12/18/2013 10:00 AM before Judge Jane Triche Milazzo. (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Memorandum in Support, # 3 Proposed Order, # 4 Notice of Submission)(Gahagan, Michael) (Entered: 11/20/2013)
2013-11-207Affidavit of Service on U.S. Citizenship and Immigration Services (Gahagan, Michael) Modified on 11/21/2013 (my, ). (Entered: 11/20/2013)
2013-11-208Affidavit of Service on Cindy Gomez (Gahagan, Michael) Modified on 11/21/2013 (my, ). (Entered: 11/20/2013)
2013-11-209Affidavit of Service on U.S. Department of Justice (Gahagan, Michael) Modified on 11/21/2013 (my, ). (Entered: 11/20/2013)
2013-11-2010Affidavit of Service on U.S. Department of Homeland Security (Gahagan, Michael) Modified on 11/21/2013 (my, ). (Entered: 11/20/2013)
2013-11-2011Affidavit of Service on Stanley Crockett (Gahagan, Michael) Modified on 11/21/2013 (my, ). (Entered: 11/20/2013)
2013-11-2012Affidavit of Service on U.S. Citizenship and Immigration Services (Gahagan, Michael) Modified on 11/21/2013 (my, ). (Entered: 11/20/2013)
2013-11-2013Affidavit of Service on US Attorney's Office (Gahagan, Michael) Modified on 11/21/2013 (my, ). (Entered: 11/20/2013)
2013-11-2114**ERROR: DUPLICATE ENTRY OF REC. DOC. 13** SUMMONS Returned Executed; (Gahagan, Michael) Modified on 11/22/2013 (ecm, ). (Entered: 11/21/2013)
2013-11-2115Correction of Docket Entry by Clerk re 11 Summons Returned Executed as to USA or Agency of USA, 7 Summons Returned Executed as to USA or Agency of USA, 8 Summons Returned Executed as to USA or Agency of USA, 10 Summons Returned Executed as to USA or Agency of USA, 9 Summons Returned Executed as to USA or Agency of USA, 13 Summons Returned Executed as to USA or Agency of USA, 12 Summons Returned Executed as to USA or Agency of USA. **Documents do not show proof of return on defendants. Documents should be refiled with proof of service (green card etc). ** (my, ) (Entered: 11/21/2013)
2013-11-2116ORDER Resetting Submission date of 6 MOTION for Partial Summary Judgment : Motion set for submission on 1/22/2014 before Judge Jane Triche Milazzo. Signed by Judge Jane Triche Milazzo. (cc: Defendants)(ecm, ) (Entered: 11/21/2013)
2013-11-2217Correction of Docket Entry by Clerk re 14 Summons Returned Executed as to USA or Agency of USA; This is a duplicate filing of document 13 and will be noted as such. No further action is necessary. (ecm, ) (Entered: 11/22/2013)
2013-11-2618SUMMONS Returned Executed; Alejandro Mayorkas Director of U.S. Citizenship and Immigration Services served on 11/26/2013 (Gahagan, Michael) Modified on 11/27/2013 (my, ). (Entered: 11/26/2013)
2013-11-2619SUMMONS Returned Executed; Cindy Gomez served on 11/21/2013 (Gahagan, Michael) Modified on 11/27/2013 (my, ). (Entered: 11/26/2013)
2013-11-2620SUMMONS Returned Executed; Eric Holder, Attorney General of the United States served on 11/25/2013(Gahagan, Michael) Modified on 11/27/2013 (my, ). (Entered: 11/26/2013)
2013-11-2621SUMMONS Returned Executed; U.S. Department of Homeland Security served on 11/25/2013 (Gahagan, Michael) Modified on 11/27/2013 (my, ). (Entered: 11/26/2013)
2013-11-2622SUMMONS Returned Executed; Stanley Crockett served on 11/21/2013 (Gahagan, Michael) Modified on 11/27/2013 (my, ). (Entered: 11/26/2013)
2013-11-2623SUMMONS Returned Executed; US Attorney's Office served on 11/22/2013 (Gahagan, Michael) Modified on 11/27/2013 (my, ). (Entered: 11/26/2013)
2013-11-2624SUMMONS Returned Executed; U.S. Citizenship and Immigration Services served on 11/26/2013 (Gahagan, Michael) Modified on 11/27/2013 (my, ). (Entered: 11/26/2013)
2013-12-1925MOTION for Partial Summary Judgment for APA, Mandamus, and Declaratory Judgment Causes of Action by Balazs Hegyi, Nicole Hegyi. Motion set for 1/8/2014 10:00 AM before Judge Jane Triche Milazzo. (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Memorandum in Support, # 3 Exhibit, # 4 Proposed Order, # 5 Notice of Submission)(Gahagan, Michael) (Entered: 12/19/2013)
2013-12-2326ORDER Resetting Submission date of 25 MOTION for Partial Summary Judgment for APA, Mandamus, and Declaratory Judgment Causes of Action for 1/22/2014 10:00 AM before Judge Jane Triche Milazzo. Signed by Judge Jane Triche Milazzo. (cc: All Defendants)(ecm, ) (Entered: 12/23/2013)
2013-12-2327MOTION to Sever Claims by Stanley Crockett, Cindy Gomez, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Department of Justice. Motion set for 1/8/2014 10:00 AM before Judge Jane Triche Milazzo. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)Attorney Glenn Kenneth Schreiber added to party Stanley Crockett(pty:dft), Attorney Glenn Kenneth Schreiber added to party Cindy Gomez(pty:dft), Attorney Glenn Kenneth Schreiber added to party U.S. Citizenship and Immigration Services(pty:dft), Attorney Glenn Kenneth Schreiber added to party U.S. Department of Homeland Security(pty:dft), Attorney Glenn Kenneth Schreiber added to party U.S. Department of Justice(pty:dft).(Schreiber, Glenn) Modified on 12/23/2013 (gec, ). (Entered: 12/23/2013)
2013-12-2428EXPARTE/CONSENT MOTION for Entry of Default as to All Defendants. by Balazs Hegyi, Nicole Hegyi. (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Memorandum in Support, # 3 Proposed Order)(Gahagan, Michael) (Entered: 12/24/2013)
2013-12-2529MOTION for Judgment on the Pleadings by Balazs Hegyi, Nicole Hegyi. Motion set for 1/22/2014 10:00 AM before Judge Jane Triche Milazzo. (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Memorandum in Support, # 3 Proposed Order, # 4 Notice of Submission)(Gahagan, Michael) (Entered: 12/25/2013)
2013-12-3030RESPONSE/MEMORANDUM in Opposition to Motion filed by Balazs Hegyi, Nicole Hegyi re 27 MOTION to Sever Claims . (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Memorandum in Support, # 3 Proposed Order)(Gahagan, Michael) Modified on 12/31/2013 (lag, ). (Entered: 12/30/2013)
2014-01-0231RESPONSE/MEMORANDUM in Opposition filed by Stanley Crockett, Cindy Gomez, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Department of Justice re 28 MOTION for Entry of Default as to All Defendants. . (Dupre, Brock) (Entered: 01/02/2014)
2014-01-0232MOTION for Extension of Time to Answer re 1 Petition for Writ of Mandamus, by Stanley Crockett, Cindy Gomez, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Department of Justice. Motion set for 1/22/2014 10:00 AM before Judge Jane Triche Milazzo. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)(Schreiber, Glenn) Modified on 1/2/2014 (my, ). (Entered: 01/02/2014)
2014-01-0233ORDER: Status Conference set for 1/8/2014 02:00 PM before Judge Jane Triche Milazzo.Signed by Judge Jane Triche Milazzo on 1/2/2014.(my, ) (Entered: 01/02/2014)
2014-01-0234Correction of Docket Entry by Clerk re 32 MOTION for Extension of Time to Answer re 1 Petition for Writ of Mandamus, . ** This motion will be decided by the District Judge. Clerk took corrective action.** (my, ) (Entered: 01/02/2014)
2014-01-0335ORDER AND REASONS denying 28 Motion for Entry of Default; denying WITHOUT PREJUDICE 29 Motion for Judgment on the Pleadings; granting 32 Motion for Extension of Time to Answer re 1 Petition for Writ of Mandamus. Defendants shall file responsive pleadings no later than 14 days following the Court's order on the Motion to Sever. Signed by Judge Jane Triche Milazzo on 1/2/14. (ecm, ) (Entered: 01/03/2014)
2014-01-0836Minute Order. Proceedings held before Judge Jane Triche Milazzo: Status Conference held on 1/8/2014. The Court DENIED 27 Motion to Sever. Defendants are ORDERED to file an answer in this action no later than 30 days from the date of the conference. The Court also DENIED WITHOUT PREJUDICE 6 & 25 Motions for Partial Summary Judgment. The Motions may be reurged by Plaintiff, if necessary, following the filing of Defendants' Answer. (ecm, ) (Entered: 01/09/2014)
2014-01-1737EXPARTE/CONSENT MOTION to Dismiss (Partial) by Stanley Crockett, Cindy Gomez, U.S. Department of Homeland Security, U.S. Department of Justice. (Attachments: # 1 Exhibit A, in globo, # 2 Proposed Order)(Schreiber, Glenn) (Entered: 01/17/2014)
2014-01-2338ORDER granting 37 Motion to Partially Dismiss, without prejudice, the cause of action seeking mandamus relief as MOOT. Signed by Judge Jane Triche Milazzo on 1/21/2014. (ecm, ) (Entered: 01/23/2014)
2014-02-0739MOTION for Summary Judgment by Stanley Crockett, Cindy Gomez, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Department of Justice. Motion set for 3/5/2014 10:00 AM before Judge Jane Triche Milazzo. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Eggleston Declaration, # 3 Exhibit to Eggleston Declaration, # 4 Statement of Contested/Uncontested Facts, # 5 Notice of Submission)(Dupre, Brock) (Entered: 02/07/2014)
2014-02-0740MOTION for Partial Summary Judgment by Balazs Hegyi, Nicole Hegyi. Motion set for 3/5/2014 10:00 AM before Judge Jane Triche Milazzo. (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Memorandum in Support, # 3 Proposed Order, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Notice of Submission)(Gahagan, Michael) Modified text on 2/10/2014 (my, ). (Entered: 02/07/2014)
2014-02-1041NOTICE TO COUNSEL to deliver 1 hard copy of their 39 , 40 MOTIONS for Summary Judgment , along with all exhibits and attachments, to the chambers of Judge Jane Triche Milazzo, Rm C206 by Thursday, February 13, 2014. This copy must be bound or in binders, tabbed, and reflect pagination and document numbers consistent with the electronic document stamping of CM/ECF. (ecm, ) (Entered: 02/10/2014)
2014-02-1042MOTION for Judgment on the Pleadings by Balazs Hegyi, Nicole Hegyi. Motion set for 3/5/2014 10:00 AM before Judge Jane Triche Milazzo. (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Memorandum in Support, # 3 Proposed Order, # 4 Notice of Submission)(Gahagan, Michael) (Entered: 02/10/2014)
2014-02-1143ORDER denying 42 Motion for Judgment on the Pleadings as set forth in document. Signed by Judge Jane Triche Milazzo. (ecm, ) (Entered: 02/11/2014)
2014-02-2444RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re 39 MOTION for Summary Judgment . (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Memorandum in Support, # 3 Exhibit, # 4 Proposed Order)(Gahagan, Michael) (Entered: 02/24/2014)
2014-02-2545RESPONSE/MEMORANDUM in Opposition filed by All Defendants re 40 MOTION for Partial Summary Judgment . (Attachments: # 1 Exhibit A, # 2 Statement of Contested/Uncontested Facts)(Dupre, Brock) (Entered: 02/25/2014)
2014-03-0346EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum by Stanley Crockett, Cindy Gomez, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Department of Justice. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Dupre, Brock) (Entered: 03/03/2014)
2014-03-0547ORDER granting 46 Motion for Leave to File Reply Memorandum. Signed by Judge Jane Triche Milazzo. (ecm, ) (Entered: 03/05/2014)
2014-03-0548REPLY to Response to Motion filed by U.S. Citizenship and Immigration Services re 39 MOTION for Summary Judgment . (ecm, ) (Entered: 03/05/2014)
2014-09-1949**REVISED-SEE REC DOC 50**ORDER denying Cross 39 , 40 Motions for Summary Judgment, without prejudice. IT IS ORDERED that counsel for the United States shall submit unredacted copies of all withheld documents to the Court, in camera, no later than October 10, 2014. The parties may re-urge the Motions, to the extent that it is necessary, following the Court's ruling regarding the documents. Signed by Judge Jane Triche Milazzo. (ecm) Modified on 10/21/2014 (my). (Entered: 09/19/2014)
2014-10-2150ORDERED that Court's prior order (Doc. 49) is REVISED in that Plaintiffs' Motion for Summary Judgment (Doc. 40) is DENIED, Defendants' Motion for Summary Judgment (Doc. 39) is GRANTED, and this matter is DISMISSED WITH PREJUDICE. Signed by Judge Jane Triche Milazzo on 10/20/2014.(my) (Entered: 10/21/2014)
2014-10-2151JUDGMENT entered in favor of U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Department of Justice, Cindy Gomez, Stanley Crockett against Balazs Hegyi, Nicole Hegyi. Signed by Judge Jane Triche Milazzo on 10/21/2014.(my) (Entered: 10/21/2014)
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by FOIA Project Staff