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Case TitleIBRAHIM v. UNITED STATES DEPARTMENT OF STATE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv01330
Date Filed2016-06-27
Date ClosedOpen
JudgeJudge Trevor N. McFadden
PlaintiffZEAD KHALAF IBRAHIM
also known as ZEAD KHALAF AL-SAMMARRAIE
also known as ZIYAD KHALAF IBRAHIM
also known as ZEAD KHLAF IBRAHEM
also known as ZEAD KH. IBRAHEM
also known as IBRAHIM Z. KHALAF
Case DescriptionZead Khalef Ibrahim, an Iraqi citizen who fled to Jordan to avoid political persecution, submitted several FOIA requests to the Department of State for his file pertaining to the denial of his application for refugee status. Ibrahim submitted requests to both the State Department and U.S. Citizenship and Immigration Services. Both agencies responded that they could find no records. In a subsequent request for the same file, USCIS located four pages. Believing that there must be more than four pages, Ibrahim decided to appeal, but was told by the State Department that because the agency had missed the statutory time limit he could go directly to court. Ibrahim then filed suit against the State Department.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF STATE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Opinion/Order [27]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-06-271COMPLAINT against UNITED STATES DEPARTMENT OF STATE ( Filing fee $ 400 receipt number 0090-4581983) filed by ZEAD KHALAF IBRAHIM. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet, # 5 Summons, # 6 Summons, # 7 Summons)(Freiman, Leonard) (Entered: 06/27/2016)
2016-06-272ERRATA by ZEAD KHALAF IBRAHIM 1 Complaint, filed by ZEAD KHALAF IBRAHIM. (Attachments: # 1 Errata)(Freiman, Leonard) (Entered: 06/27/2016)
2016-06-27Case Assigned to Judge Colleen Kollar-Kotelly. (md) (Entered: 06/28/2016)
2016-06-283ORDER Establishing Procedures for Cases Assigned to Judge Colleen Kollar-Kotelly. Signed by Judge Colleen Kollar-Kotelly on June 28, 2016. (NS) (Entered: 06/28/2016)
2016-06-294SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Consent Form)(sb) (Entered: 06/29/2016)
2016-07-135RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF STATE served on 7/8/2016 (Attachments: # 1 Exhibit Affidavit of Service and Summons)(Freiman, Leonard) (Entered: 07/13/2016)
2016-07-136RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 07/06/2016. (Attachments: # 1 Exhibit Affidavit of Service and Summons)(Freiman, Leonard) (Entered: 07/13/2016)
2016-07-137RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/6/2016. Answer due for ALL FEDERAL DEFENDANTS by 8/5/2016. (Attachments: # 1 Exhibit Affidavit of Service and Summons)(Freiman, Leonard) (Entered: 07/13/2016)
2016-07-288Consent MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES DEPARTMENT OF STATE (Kelly, Wynne) (Entered: 07/28/2016)
2016-07-29MINUTE ORDER granting Defendant's 8 Consent Motion for Extension of Time In Which to File Its Answer. Defendant shall file its response to the Complaint no later than SEPTEMBER 8, 2016. Signed by Judge Colleen Kollar-Kotelly on 7/29/2016. (lcckk2) (Entered: 07/29/2016)
2016-07-29Set/Reset Deadlines: Answer due by 9/8/2016. (dot) (Entered: 07/29/2016)
2016-09-089ANSWER to Complaint by UNITED STATES DEPARTMENT OF STATE.(Kelly, Wynne) (Entered: 09/08/2016)
2016-09-1310ORDER requiring the parties to MEET and CONFER and file Joint Status Report proposing a schedule for further proceedings by no later than OCTOBER 13, 2016. Signed by Judge Colleen Kollar-Kotelly on 9/13/16. (lcckk1) (Entered: 09/13/2016)
2016-09-13Set/Reset Deadlines: Joint Status Report due by 10/13/2016. (kt) (Entered: 09/13/2016)
2016-10-1311Joint STATUS REPORT and Proposed Schedule by UNITED STATES DEPARTMENT OF STATE. (Kelly, Wynne) (Entered: 10/13/2016)
2016-10-17MINUTE ORDER: The Court has received and considered the parties' 11 Joint Status Report and Proposed Schedule regarding further proceedings in this FOIA case. Upon the agreement of the parties, the Court shall set the following deadlines: Defendant shall make its first production of responsive records by no later than NOVEMBER 10, 2016, and shall complete the production of all responsive records by no later than DECEMBER 8, 2016. Thereafter, the parties shall meet and confer and shall file a Joint Status Report by no later than DECEMBER 22, 2016, in which the parties shall update the Court on the status of their discussions, including their attempts to narrow the issues in dispute, and shall propose a briefing schedule if necessary. Signed by Judge Colleen Kollar-Kotelly on 10/17/16. (lcckk1) (Entered: 10/17/2016)
2016-10-17Set/Reset Deadlines: Parties shall Meet and Confer and file a Joint Status Report by 12/22/2016. (dot) (Entered: 10/17/2016)
2016-12-2212Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Kelly, Wynne) (Entered: 12/22/2016)
2016-12-2213SCHEDULING AND PROCEDURES ORDER. Signed by Judge Colleen Kollar-Kotelly on 12/22/2016. (lcckk1) (Entered: 12/22/2016)
2016-12-22Set/Reset Deadlines: Defendant's Summary Judgment Motion due by 2/24/2017. Response to Motion for Summary Judgment due by 3/27/2017. Reply to Motion for Summary Judgment due by 4/10/2017. Vaughn Index due by 1/24/2017. Plaintiff's Cross Motion due by 3/27/2017. Response to Cross Motion due by 4/10/2017. Reply to Cross Motions due by 4/25/2017. (dot) (Entered: 12/23/2016)
2017-01-26MINUTE ORDER: Pursuant to the Court's 13 Scheduling and Procedures Order, Defendant was required to "file its Vaughn Index by no later than January 24, 2017." As of January 26, 2017, the public docket reflects that no such submission has been made. Accordingly, Defendant is instructed to expeditiously comply with the Court's 13 Order, or show good cause for its failure to do so. Signed by Judge Colleen Kollar-Kotelly on 1/23/2017. (lcckk1, ) (Entered: 01/26/2017)
2017-01-2714NOTICE of Filing Vaughn Declaration or, in the Alternative, Motion Nunc Pro Tunc for Extension of Time to File Vaughn Index by UNITED STATES DEPARTMENT OF STATE re Order, (Attachments: # 1 Exhibit 1 - Draft Vaughn Index, # 2 Exhibit 2 - Declaration of Eric Stein)(Kelly, Wynne) (Entered: 01/27/2017)
2017-01-2715MOTION (in the alternative) for Extension of Time to File Vaughn Index Nunc Pro Tunc by UNITED STATES DEPARTMENT OF STATE. (See Docket Entry 14 to view document). (znmw) (Entered: 01/30/2017)
2017-01-31MINUTE ORDER: The Court is in receipt of Defendant's Vaughn index filing. For good cause shown, Defendant's Motion, in the alternative, Nunc Pro Tunc for Extension of Time to File its Vaughn Index is GRANTED. Signed by Judge Colleen Kollar-Kotelly on 1/31/2017. (lcckk1) (Entered: 01/31/2017)
2017-02-2316Consent MOTION for Extension of Time to File Motion for Summary Judgment by UNITED STATES DEPARTMENT OF STATE (Kelly, Wynne) (Entered: 02/23/2017)
2017-02-27MINUTE ORDER: The Court is in receipt of Defendant's 16 Consent Motion for Extension of Time, which requests a 30-day extension of the briefing schedule in this matter, set forth in the Court's December 22, 2016 13 Scheduling and Procedures Order. Pursuant to that schedule, Defendant's motion for summary judgment is currently due on February 24, 2017. As such, Defendant has failed to comply with the 3 Order Establishing Procedures in this matter, which requires that [m]otions for extensions of time must be filed at least four (4) business days prior to the first affected deadline. Nevertheless, for good cause shown, Defendant's Motion is GRANTED. The 13 Scheduling and Procedures Order is modified to the following extent: Defendant shall file its Motion for Summary Judgment by no later MARCH 26, 2017; Plaintiff shall file his Opposition to Defendant's Motion for Summary Judgment and his Cross-Motion for Summary Judgment by no later than APRIL 26, 2017; Defendant shall file its Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment and its Opposition to Plaintiff's Cross-Motion for Summary Judgment by no later than MAY 10, 2017; and Plaintiff shall file his Reply in support of his Cross-Motion for Summary Judgment by no later than MAY 25, 2017. Signed by Judge Colleen Kollar-Kotelly on 2/27/2017. (lcckk1) (Entered: 02/27/2017)
2017-02-27Set/Reset Deadlines: Defendant's Summary Judgment motions due by 3/26/2017. Response to Motion for Summary Judgment due by 4/26/2017. Reply to Motion for Summary Judgment due by 5/10/2017. Plaintiff's Cross Motions due by 4/26/2017. Response to Cross Motions due by 5/10/2017. Reply to Cross Motions due by 5/25/2017. (dot) (Entered: 03/02/2017)
2017-03-2017Consent MOTION for Extension of Time to File Motion for Summary Judgment by UNITED STATES DEPARTMENT OF STATE (Kelly, Wynne) (Entered: 03/20/2017)
2017-03-21MINUTE ORDER: The Court is in receipt of Defendant's 17 Consent Motion for Extension of Time, which requests a 14-day extension of the briefing schedule in this matter, set forth in the Court's December 22, 2016 13 Scheduling and Procedures Order. Pursuant to that schedule, as previously modified by Minute Order dated March 2, 2017, Defendant's motion for summary judgment is currently due on March 26, 2017. Defendant represents that the requested extension would permit the parties to make a final effort at amicable resolution of the remaining issue in the case.... Accordingly, for good cause shown, Defendant's Motion is GRANTED. The 13 Scheduling and Procedures Order is modified to the following extent: Defendant shall file its Motion for Summary Judgment by no later APRIL 10, 2017; Plaintiff shall file his Opposition to Defendant's Motion for Summary Judgment and his Cross-Motion for Summary Judgment by no later than MAY 10, 2017; Defendant shall file its Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment and its Opposition to Plaintiff's Cross-Motion for Summary Judgment by no later than MAY 24, 2017; and Plaintiff shall file his Reply in support of his Cross-Motion for Summary Judgment by no later than JUNE 8, 2017. Signed by Judge Colleen Kollar-Kotelly on 3/21/2017. (lcckk1) (Entered: 03/21/2017)
2017-03-21Set/Reset Deadlines: Defendant's Summary Judgment motion due by 4/10/2017. Response to Motion for Summary Judgment due by 5/10/2017. Reply to Motion for Summary Judgment due by 5/24/2017. Plaintiff's Cross Motion due by 5/10/2017. Response to Cross Motion due by 5/24/2017. Reply to Cross Motion due by 6/8/2017. (dot) (Entered: 03/22/2017)
2017-04-1018MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Statement of Facts, # 2 Declaration of Eric F. Stein, Director, Office of Information Programs and Services, # 3 Exhibit s to Stein Declaration)(Kelly, Wynne) (Entered: 04/10/2017)
2017-05-1019Cross MOTION for Summary Judgment by ZEAD KHALAF IBRAHIM (Attachments: # 1 Statement of Facts, # 2 Declaration of Daniel Tenenbaum, # 3 Exhibit to Tenenbaum Declaration, # 4 Declaration of Matthew P. Horvitz, # 5 Exhibits to Horvitz Declaration, # 6 Text of Proposed Order)(Freiman, Leonard) (Entered: 05/10/2017)
2017-05-1020MOTION In Camera Review re 18 MOTION for Summary Judgment by ZEAD KHALAF IBRAHIM (Attachments: # 1 Declaration of Daniel Tenenbaum, # 2 Exhibit to Tenenbaum Declaration, # 3 Declaration of Matthew P. Horvitz, # 4 Exhibits to Horvitz Declaration, # 5 Text of Proposed Order)(Freiman, Leonard) (Entered: 05/10/2017)
2017-05-1021Memorandum in opposition to re 18 MOTION for Summary Judgment filed by ZEAD KHALAF IBRAHIM. (Attachments: # 1 Declaration of Daniel Tenenbaum, # 2 Exhibit to Tenenbaum Declaration, # 3 Declaration of Matthew P. Horvitz, # 4 Exhibits to Horvitz Declaration, # 5 Text of Proposed Order)(Freiman, Leonard) (Entered: 05/10/2017)
2017-05-1822Consent MOTION for Extension of Time to Complete Briefing of the Parties' Cross-Motions for Summary Judgment by UNITED STATES DEPARTMENT OF STATE (Kelly, Wynne) (Entered: 05/18/2017)
2017-05-23MINUTE ORDER: The Court is in receipt of Defendant's 22 Consent Motion for Extension of the Briefing Schedule in this Case. For good cause shown, that Motion is GRANTED. Defendant's reply in support of its motion for summary judgment and opposition to Plaintiff's cross-motion shall be due by JULY 7, 2017. Plaintiff's reply in support of his cross-motion shall be due by AUGUST 18, 2017. Signed by Judge Colleen Kollar-Kotelly on 5/23/2017. (lcckk1) (Entered: 05/23/2017)
2017-05-23Set/Reset Deadlines: Defendant's Response to Cross Motions due by 7/7/2017. Plaintiff's Reply to Cross Motions due by 8/18/2017. Defendant's Reply to Motion for Summary Judgment due by 7/7/2017. (dot) (Entered: 05/25/2017)
2017-06-3023Consent MOTION for Extension of Time to File Response/Reply as to 19 Cross MOTION for Summary Judgment , 18 MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF STATE (Kelly, Wynne) (Entered: 06/30/2017)
2017-07-06MINUTE ORDER: The Court is in receipt of Defendant's 23 Consent Motion for Extension of the Briefing Schedule in this Case. For good cause shown, that Motion is GRANTED. Defendant's reply in support of its motion for summary judgment and opposition to Plaintiff's cross-motion shall be due by JULY 21, 2017. Plaintiff's reply in support of his cross-motion shall be due by SEPTEMBER 1, 2017. Signed by Judge Colleen Kollar-Kotelly on 7/6/2017. (lcckk1) (Entered: 07/06/2017)
2017-07-06Set/Reset Deadlines: Defendant's Reply to Motion for Summary Judgment due by 7/21/2017. Defendant's Opposition to Cross Motions due by 7/21/2017. Plaintiff's Reply to Cross Motions due by 9/1/2017. (dot) (Entered: 07/14/2017)
2017-07-2124Memorandum in opposition to re 20 MOTION In Camera Review re 18 MOTION for Summary Judgment , 19 Cross MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Statement of Facts, # 2 Exhibit 1 - Chiorazzi Declaration, # 3 Exhibit 2 - Bartlett Declaration, # 4 Exhibit 3 - Supplemental Stein Declaration)(Kelly, Wynne) (Entered: 07/21/2017)
2017-07-2125REPLY to opposition to motion re 18 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Statement of Facts in Response to Plaintiff's Statement of Facts in Opposition, # 2 Exhibit 1 - Chiorazzi Declaration, # 3 Exhibit 2 - Bartlett Declaration, # 4 Exhibit 3 - Supplemental Stein Declaration)(Kelly, Wynne) (Entered: 07/21/2017)
2017-09-0126REPLY to opposition to motion re 20 MOTION In Camera Review re 18 MOTION for Summary Judgment , 19 Cross MOTION for Summary Judgment filed by ZEAD KHALAF IBRAHIM. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Freiman, Leonard) (Entered: 09/01/2017)
2017-11-02Case directly reassigned to Judge Trevor N. McFadden. Judge Colleen Kollar-Kotelly is no longer assigned to the case. (ztnr) (Entered: 11/02/2017)
2018-03-21MINUTE ORDER granting Plaintiff's 20 Motion for In Camera Review. The Defendant shall submit unredacted copies of Documents C06268823, C06268856, C06268858, and C062658852 for the Court's in camera review by March 28, 2018. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/21/18. (lctnm1) (Entered: 03/21/2018)
2018-03-22Set/Reset Deadlines: Defendant's submission of documents for in-camera review due by 3/28/2018. (hmc) (Entered: 03/22/2018)
2018-05-0727MEMORANDUM AND OPINION re Defendant's 18 Motion for Summary Judgment and Plaintiff's 19 Cross-Motion for Summary Judgment. Signed by Judge Trevor N. McFadden on 5/7/18. (lctnm1) (Entered: 05/07/2018)
2018-05-0728ORDER granting in part and denying in part Defendant's 18 Motion for Summary Judgment and granting in part and denying in part Plaintiff's 19 Cross-Motion for Summary Judgment. See attached order for details. Signed by Judge Trevor N. McFadden on 5/7/18. (lctnm1) (Entered: 05/07/2018)
2018-05-08Set/Reset Deadlines: Defendant's response to Order of the Court due by 5/18/2018. Joint Status Report due by 5/25/2018. (hmc) (Entered: 05/08/2018)
2018-05-1529MOTION to Clarify or in the Alternative, , MOTION for Reconsideration re 28 Order on Motion for Summary Judgment,,, , Consent MOTION for Extension of Time to Produce Information to Plaintiff by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Exhibit 1 - Final Agency Decision, # 2 Text of Proposed Order)(Kelly, Wynne) (Entered: 05/15/2018)
2018-05-15MINUTE ORDER granting Defendant's 29 Motion to Clarify and Consent Motion for Extension of Time. The Court hereby clarifies that its May 7, 2018 Order directed production of Page 10 of Document C06268856 and stays the deadline to produce records to Plaintiff until June 6, 2018. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/15/18. (lctnm1) (Entered: 05/15/2018)
2018-05-16Set/Reset Deadlines: Defendant's deadline to produce records to Plaintiff stayed until 6/6/2018. (hmc) (Entered: 05/16/2018)
2018-05-24MINUTE ORDER: In light of the May 15, 2018 Minute Order granting Defendant an extension of time to produce records, the parties' deadline to file a Joint Status Report indicating that the records have been produced is extended to June 13, 2018. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/24/18. (lctnm1) (Entered: 05/24/2018)
2018-05-24Set/Reset Deadlines: Joint Status Report due by 6/13/2018. (hmc) (Entered: 05/24/2018)
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by FOIA Project Staff