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Case TitleEdward Dean Hohner v. U.S. Department of Justice et al
DistrictCentral District of California
CityWestern Division - Los Angeles
Case Number2:2016cv07967
Date Filed2016-10-26
Date Closed2018-06-11
JudgeJudge George H. Wu
PlaintiffEdward Dean Hohner
Case DescriptionEdward Dean Hohner, a state prisoner, submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the search of an address in Oceanside, CA. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Hohner filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantU.S. Department of Justice U.S. Dept. of Homeland Security
DefendantU.S. Department of Justice U.S. Customs Service
DefendantU.S. Department of Justice U.S. Immigration and Customs Enforcement
AppealNinth Circuit 18-55886
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [8]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-10-26LODGED COMPLAINT: Complaint sought to be filed by Plaintiff Edward Dean Hohner. (esa) (Entered: 10/26/2016)
2016-10-261NOTICE RE: DISCREPANCIES WITH LODGING OF COMPLAINT mailed to plaintiff Edward Dean Hohner. Upon submission of your complaint it was noted that you did not pay the appropriate filing fee. If you are unable to pay the entire filing fee at this time, you must sign and complete the CV60P form attached. If you do not respond within 30 days of the date of this letter your action will be dismissed. Re Lodged Complaint (Attachments: # 1 cv60p) (esa) (Additional attachment(s) added on 10/26/2016: # 2 Lodged Complaint) (esa). (Entered: 10/26/2016)
2016-12-012COMPLAINT against defendants U.S. Department of Justice(U.S. Immigration and Customs Enforcement), U.S. Department of Justice(U.S. Customs Service), U.S. Department of Justice(U.S. Dept. of Homeland Security).Case assigned to Judge Dale S. Fischer for all further proceedings. Discovery referred to Magistrate Judge Frederick F Mumm, filed by Plaintiff Edward Dean Hohner. (esa) (Entered: 12/01/2016)
2016-12-013REQUEST to Proceed In Forma Pauperis, Declaration in Support filed by Plaintiff Edward Dean Hohner. (esa) (Entered: 12/01/2016)
2016-12-014NOTICE OF ASSIGNMENT to District Judge Dale S. Fischer and Magistrate Judge Frederick F. Mumm. (esa) (Entered: 12/01/2016)
2016-12-015NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) (Entered: 12/01/2016)
2016-12-096ORDER RE REQUEST TO PROCEED WITHOUT PREPAYMENT OF FILING FEES by Magistrate Judge Frederick F. Mumm: granting 3 REQUEST to Proceed in Forma Pauperis with Declaration in Support (CV-60). An initial partial filing fee of $3.41 must be paid within thirty (30) days of the date this order is filed. Failure to remit the initial partial filing fee may result in dismissal of the case. Thereafter, monthly payments shall be forwarded to the Court in accordance with 28 U.S.C. § 1915(b)(2). (See order for further details) (jsan) (Entered: 12/12/2016)
2017-01-057STANDING ORDER FOR CASES ASSIGNED TO JUDGE DALE S. FISCHER upon filing of the complaint by Judge Dale S. Fischer. If a party would be entitled to attorneys fees, counsel are referred to the Order Re Fees found on Courts website under Judge Fischer's Procedures and Schedules contained in the Judges Requirements tab. Read all Orders carefully. They govern this case and differ in some respects from the Local Rules. COUNSEL ARE ORDERED TO PROVIDE A MANDATORY CHAMBERS COPY OF THE COMPLAINT, NOTICE OF REMOVAL, AND ANY OTHER INITIATING DOCUMENTS. (dp) (Entered: 01/05/2017)
2017-01-268(IN CHAMBERS) ORDER TO SHOW CAUSE re Dismissal for Lack of Prosecution by Judge Dale S. Fischer. Response to Order to Show Cause due by 2/9/2017. (pso) (Entered: 01/26/2017)
2017-02-0610PLAINTIFF'S RESPONSE TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED filed by Plaintiff Edward Dean Hohner 8 . (pso) (Entered: 02/16/2017)
2017-02-16960 DAY Summons Issued re Complaint - (Discovery), 2 as to Defendants U.S. Department of Justice(U.S. Immigration and Customs Enforcement), U.S. Department of Justice(U.S. Customs Service), U.S. Department of Justice(U.S. Dept. of Homeland Security). (bp) (Entered: 02/16/2017)
2017-02-2811ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 16-05-Related Case- filed. Related Case No: 2:15-cv-02669 GW(PLAx). Case transferred from Judge Dale S. Fischer and Magistrate Judge Frederick F. Mumm to Judge George H. Wu and Magistrate Judge Paul L. Abrams for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:16-cv-07967 GW(PLAx). Signed by Judge George H. Wu (rn) (Entered: 02/28/2017)
2017-03-0313PROOF OF SERVICE Executed by Plaintiff Edward Dean Hohner, U.S. Attorney General, U.S. Customs Service, U.S. Department of Homeland Security and U.S. Immigration & Customs Enforcement. Served by Certified Mail.(bp) . (Entered: 03/09/2017)
2017-03-0314PROOF OF SERVICE Executed by Plaintiff Edward Dean Hohner, upon Civil Process Clerk and U.S. Assistant District Attorney. Served by Certified Mail. (bp) (Entered: 03/09/2017)
2017-03-0812Standing Order Re Final Pre-Trial Conferences for Civil Jury Trials Before Judge George H. Wu by Judge George H. Wu. (mrgo) (Entered: 03/08/2017)
2017-04-2815EX PARTE APPLICATION to Extend Time to File Answer to 7/31/2017 re Complaint - (Discovery), 2 filed by Defendants U.S. Department of Justice(U.S. Immigration and Customs Enforcement), U.S. Department of Justice(U.S. Customs Service), U.S. Department of Justice(U.S. Dept. of Homeland Security). (Attachments: # 1 Proposed Order Extending Time for Defendants to Answer, Plead, or Otherwise Respond to Complaint, # 2 Proof of Service) (Attorney Jason K Axe added to party U.S. Department of Justice(pty:dft), Attorney Jason K Axe added to party U.S. Department of Justice(pty:dft), Attorney Jason K Axe added to party U.S. Department of Justice(pty:dft)) (Axe, Jason) (Entered: 04/28/2017)
2017-05-0216ORDER EXTENDING TIME FOR DEFENDANTS TO ANSWER, PLEAD, OR OTHERWISE RESPOND TO COMPLAINT by Judge George H. Wu: IT IS SO ORDERED that Defendants shall have an extension of time, up to and including July 31, 2017, within which to answer, plead, or otherwise respond to Plaintiff's Complaint. (cr) (Entered: 05/02/2017)
2017-07-2817EX PARTE APPLICATION to Extend Time to File Answer to 8/31/2017 re Complaint - (Discovery), 2 filed by Defendants U.S. Department of Justice(U.S. Immigration and Customs Enforcement), U.S. Department of Justice(U.S. Customs Service), U.S. Department of Justice(U.S. Dept. of Homeland Security). (Attachments: # 1 Proposed Order Extending Time for Defendants to Answer, Plead, or Otherwise Respond to Complaint, # 2 Proof of Service) (Axe, Jason) (Entered: 07/28/2017)
2017-08-0118ORDER by Judge George H. Wu: granting 17 EX PARTE APPLICATION for Extension of Time to Answer U.S. Department of Justice(U.S. Immigration and Customs Enforcement) answer due 8/31/2017; U.S. Department of Justice(U.S. Customs Service) answer due 8/31/2017; U.S. Department of Justice(U.S. Dept. of Homeland Security) answer due 8/31/2017. (mrgo) (Entered: 08/02/2017)
2017-08-3119EX PARTE APPLICATION to Extend Time to File Answer to 9/29/2017 re Complaint - (Discovery), 2 filed by Defendants U.S. Department of Justice(U.S. Immigration and Customs Enforcement), U.S. Department of Justice(U.S. Customs Service), U.S. Department of Justice(U.S. Dept. of Homeland Security). (Attachments: # 1 Proposed Order Extending Time for Defendants to Answer, Plead, or Otherwise Respond to Complaint, # 2 Proof of Service) (Axe, Jason) (Entered: 08/31/2017)
2017-09-0120ORDER EXTENDING TIME FOR DEFENDANTS TO ANSWER, PLEAD, OR OTHERWISE RESPOND TO COMPLAINT by Judge George H. Wu: IT IS SO ORDERED that Defendants shall have an extension of time, up to and including September 29, 2017, within which to answer, plead, or otherwise respond to Plaintiff's Complaint. (cr) (Entered: 09/05/2017)
2017-09-1321EX PARTE APPLICATION to Extend Time to File Answer to 10/13/2017 re Complaint - (Discovery), 2 filed by Defendants U.S. Department of Justice(U.S. Immigration and Customs Enforcement), U.S. Department of Justice(U.S. Customs Service), U.S. Department of Justice(U.S. Dept. of Homeland Security). (Attachments: # 1 Proposed Order Extending Time for Defendants to Answer, Plead, or Otherwise Respond to Complaint, # 2 Proof of Service) (Axe, Jason) (Entered: 09/13/2017)
2017-09-1822ORDER EXTENDING TIME FOR DEFENDANTS TO ANSWER, PLEAD, OR OTHERWISE RESPOND TO COMPLAINT 21 by Judge George H. Wu: IT IS SO ORDERED that Defendants shall have an extension of time, up to and including October 13, 2017, within which to answer, plead, or otherwise respond to Plaintiffs Complaint. (cr) (Entered: 09/18/2017)
2017-10-1923EX PARTE APPLICATION to Extend Time to File Answer to 10/23/2017 re Complaint - (Discovery), 2 filed by Defendants U.S. Department of Justice(U.S. Immigration and Customs Enforcement), U.S. Department of Justice(U.S. Customs Service), U.S. Department of Justice(U.S. Dept. of Homeland Security). (Attachments: # 1 Proposed Order Extending Time for Defendants to Answer, Plead, or Otherwise Respond to Complaint, # 2 Proof of Service) (Axe, Jason) (Entered: 10/19/2017)
2017-10-2324NOTICE OF MOTION AND MOTION to Dismiss Case , Memorandum of Points and Authorities filed by Defendants U.S. Department of Justice(U.S. Immigration and Customs Enforcement), U.S. Department of Justice(U.S. Customs Service), U.S. Department of Justice(U.S. Dept. of Homeland Security). Motion set for hearing on 11/30/2017 at 08:30 AM before Judge George H. Wu. (Attachments: # 1 Declaration of Catrina Pavlik-Keenan and Exhibits 1 - 14, # 2 Declaration of Sabrina Burroughs and Exhibits A - D, # 3 Defendants' Statement of Uncontroverted Facts and Conclusions of Law, # 4 Notice in re Motion for Summary Judgment [Fed. R. Civ.P. 56], # 5 [Proposed] Judgment, # 6 Proof of Service) (Axe, Jason) (Entered: 10/23/2017)
2017-10-2325ORDER EXTENDING TIME FOR DEFENDANTS TO ANSWER, PLEAD OR OTHERWISE RESPOND TO COMPLAINT 23 by Judge George H. Wu: IT IS SO ORDERED that Defendants shall have an extension of time, up to and including October 23, 2017, within which to answer, plead, or otherwise respond to Plaintiff's Complaint.. (bp) (Entered: 10/24/2017)
2017-11-2826NOTICE of NONRECEIPT of Opposition to Defendants' Motion to Dismiss, or in the Alternative for Summary Judgment [Dkt. #24] filed by Defendants U.S. Department of Justice(U.S. Immigration and Customs Enforcement), U.S. Department of Justice(U.S. Customs Service), U.S. Department of Justice(U.S. Dept. of Homeland Security). (Attachments: # 1 Proof of Service)(Axe, Jason) (Entered: 11/28/2017)
2017-11-3027MINUTES OF DEFENDANTS' MOTION TO DISMISS, OR IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT BY DEFENDANTS 24 held before Judge George H. Wu. Plaintiff Edward Dean Hohner, PRO SE, is not present.The Tentative circulated and attached hereto, is adopted as the Court's Final Ruling. Defendant's Motion is GRANTED and the Court dismisses this action without prejudice. ) Court Reporter: Victoria Valine. (Made JS-6. Case Terminated. (lom) (Entered: 12/01/2017)
2017-12-1328PLAINTIFF REQUESTS THAT THE COURT NOT DISMISS THE ACTION DUE TO PLAINTIFF'S NO RESPONSE AND GIVE PLAINTIFF 30 DAYS TO RESPOND filed by plaintiff Edward Dean Hohner. (mrgo) (Entered: 12/15/2017)
2017-12-2029MINUTES (IN CHAMBERS) - COURT ORDER by Judge George H. Wu re: 28 REQUEST for Order. Plaintiff Edward Dean Horner's request to set aside the November 30, 2017 order dismissing this action (Docket No. 28) is granted. Plaintiff must file his opposition to Defendants' Motion to dismiss no later than January 19, 2018. Any failure to file said opposition by said date will result in the dismissal of this action. Defendants will have until January 31 to file their response. The matter will be set as a non-appearance on the February 5, 2018 calendar. Case reopened. (mrgo) (Entered: 12/20/2017)
2018-01-0530RESPONSE TO DEFENDANTS: NOTICE OF NONRECEIPT OF OPPOSITION TO DEFENDANTS' MOTION TO DISMISS OR IN THE ALTERNATIVE FOR SUMMARY JUDGEMENT 24 filed by Plaintiff Edward Dean Hohner. (lc) (Entered: 01/05/2018)
2018-01-3131REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case , Memorandum of Points and Authorities 24 filed by Defendants U.S. Department of Justice, U.S. Department of Justice, U.S. Department of Justice. (Attachments: # 1 Exhibit 1, # 2 Proof of Service)(Axe, Jason) (Entered: 01/31/2018)
2018-02-0832MINUTE ORDER IN CHAMBERS - RULING ON DEFENDANTS' MOTION TO DISMISS OR, IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT by Judge George H. Wu re: NOTICE OF MOTION AND MOTION to Dismiss Case , Memorandum of Points and Authorities 24 . Attached hereto is the Court's Ruling on Defendants' Motion to Dismiss or, in the Alternative, Motion for Summary Judgment. (See document for further deadlines and details) (mrgo) (Entered: 02/08/2018)
2018-02-2033EX PARTE APPLICATION for Extension of Time to File Supplemental Brief filed by Defendant U.S. Department of Justice(U.S. Immigration and Customs Enforcement), U.S. Department of Justice(U.S. Customs Service), U.S. Department of Justice(U.S. Dept. of Homeland Security). (Attachments: # 1 Proposed Order Extending Time for Defendant ICE to file Supplemental Brief, # 2 Proof of Service) (Axe, Jason) (Entered: 02/20/2018)
2018-02-2334ORDER by Judge George H. Wu: Granting 33 EX PARTE APPLICATION. IT IS SO ORDERED that Defendant ICE shall have an extension of time, up to and including March 14, 2018, within which to file its supplemental briefing as ordered by the Court on February 5, 2018 (Dkt. 32.) Plaintiff's response, if any, shall be due on April 4, 2018. (rfi) (Entered: 02/23/2018)
2018-03-1435EX PARTE APPLICATION for Extension of Time to File SUPPLEMENTAL BRIEF; DECLARATION OF JASON K. AXE filed by Defendant U.S. Department of Justice(U.S. Immigration and Customs Enforcement). (Attachments: # 1 Proposed Order, # 2 PROOF OF SERVICE) (Axe, Jason) (Entered: 03/14/2018)
2018-03-1536ORDER EXTENDING TIME FOR DEFENDANT ICE TO FILE SUPPLEMENTAL BRIEF by Judge George H. Wu re: 35 EX PARTE APPLICATION for Extension of Time to File. IT IS SO ORDERED that Defendant ICE shall have an extension of time, up to and including April 11, 2018, within which to file its supplemental briefing as ordered by the Court on February 5, 2018 (Dkt. 32.) Plaintiffs response, if any, shall be due on May 2, 2018. (mrgo) (Entered: 03/15/2018)
2018-04-1137EX PARTE APPLICATION for Extension of Time to File Supplemental Brief filed by Defendant U.S. Department of Justice(U.S. Immigration and Customs Enforcement), U.S. Department of Justice(U.S. Customs Service), U.S. Department of Justice(U.S. Dept. of Homeland Security). (Attachments: # 1 Proposed Order Extending Time for Defendant ICE to file Supplemental Brief) (Axe, Jason) (Entered: 04/11/2018)
2018-04-1338ORDER EXTENDING TIME FOR DEFENDANT ICE TO FILE SUPPLEMENTAL BRIEF by Judge George H. Wu: granting 37 EX PARTE APPLICATION. IT IS SO ORDERED that Defendant ICE shall have an extension of time, up to and including April 30, 2018, within which to file its supplemental briefing as ordered by the Court on March 15, 2018. (Dkt. 36 .) Plaintiff's response, if any,shall be due on May 21, 2018. (lom) (Entered: 04/16/2018)
2018-04-3039EX PARTE APPLICATION for Extension of Time to File Supplemental Briefing filed by Defendants U.S. Department of Justice(U.S. Immigration and Customs Enforcement), U.S. Department of Justice(U.S. Customs Service), U.S. Department of Justice(U.S. Dept. of Homeland Security). (Attachments: # 1 Proposed Order Extending Time for Defendant ICE to File Supplemental Brief, # 2 Proof of Service) (Axe, Jason) (Entered: 04/30/2018)
2018-05-0140ORDER EXTENDING TIME FOR DEFENDANT ICE TO FILE SUPPLEMENTAL BRIEF 39 by Judge George H. Wu. IT IS SO ORDERED that Defendant ICE shall have an extension of time, up to and including May 14, 2018, within which to file its supplemental briefing as ordered by the Court on April 16, 2018. (Dkt. 38.) Plaintiffs response, if any, shall be due on June 4, 2018. (lom) (Entered: 05/02/2018)
2018-05-1441SUPPLEMENT to NOTICE OF MOTION AND MOTION to Dismiss Case , Memorandum of Points and Authorities 24 filed by Defendants U.S. Department of Justice, U.S. Department of Justice, U.S. Department of Justice. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Proof of Service)(Axe, Jason) (Entered: 05/14/2018)
2018-06-0142REPLY TO SUPPLEMENTAL BRIEF IN SUPPORT OF MOTION TO DISMISS OR IN THE ALTERNATIVE FOR SUMMARY JUDGMENT 24 filed by Plaintiff Edward Dean Hohner. (lom) (Entered: 06/04/2018)
2018-06-1143MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge George H. Wu. In this FOIA case, all that presently remains in dispute are 23 documents that were ordered sealed pursuant to a court order by the U.S. District Court for the Southern District of California. See February 8, 2018 Minute Order, Docket No. 32 at 3-4 of 7. Before finally ruling on Defendants' Motion to Dismiss, the Court required supplement briefing from the Government as to whether the documents were simply placed under seal or whether there was a court order barring the release of those items by the court. The Government has filed its supplemental brief and the Plaintiff has responded. See Docket Nos. 41 , 42 . For the reasons stated in the February 8, 2018 Minute Order 32 and in the Government's Supplemental 41 Brief, the Court grants the Defendants' Motion to Dismiss 24 without leave to amend. (Made JS-6. Case Terminated.) (lom) (Entered: 06/11/2018)
2018-06-2744NOTICE OF APPEAL to the 9th CCA filed by plaintiff Edward Dean Hohner. Appeal of Minutes of In Chambers Order/Directive - no proceeding held, Terminated Case, 43 Filed On: 6/11/18; Entered On: 6/11/18; In forma pauperis was granted 12/9/16, see item 16. (mat) (Entered: 07/02/2018)
2018-07-0545NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 18-55886 assigned to Notice of Appeal to 9th Circuit Court of Appeals, 44 as to Plaintiff Edward Dean Hohner. (lom) (Entered: 07/06/2018)
2018-07-0646REFERRAL NOTICE re: Notice of Appeal to 9th Circuit Court of Appeals, 44 RECEIVED from 9th Circuit Court. This matter is referred to the district court for the limited purpose of determining whether in forma pauperis status should continue for this appeal or whether the appeal is frivolous or taken in bad faith. If the district court elects to revoke in forma pauperis status, the district court is requested to notify this court and the parties of such determination within 21 days of the date of this referral. If the district court does not revoke in forma pauperis status, such status will continue automatically for this appeal. (mrgo) (Entered: 07/09/2018)
2018-07-0947MINUTE ORDER IN CHAMBERS - RULING ON CONTINUING OF FORMA PAUPERIS STATUS ON APPEAL by Judge George H. Wu re: Appeal Remark, 46 . (See document for details) (mrgo) (Entered: 07/09/2018)
2018-07-30APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of Appeals, 44 as to Plaintiff Edward Dean Hohner; Receipt Number: LA175134 in the amount of $505. (ek) (Entered: 07/30/2018)
2019-03-2548ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, 44 filed by Edward Dean Hohner. CCA # 155886. The Clerk shall enter an order appointing pro bono counsel to represent appellant for purposes of this appeal only, and establishing a revised briefing schedule. The appeal is stayed pending further order of this court. If appellant objects to the courts appointment of counsel, appellant shall file a written objection within 14 days after the filing date of this order. (shb) (Entered: 03/26/2019)
2020-07-0949MEMORANDUM from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, 44 filed by Edward Dean Hohner. CCA # 18-55886. The decision of the district court is AFFIRMED. (mrgo) (Entered: 07/09/2020)
2020-08-3150MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, 44 , CCA # 18-55886. The judgment of this Court, entered July 09, 2020, takes effect this date.This constitutes the formal mandate of this Court issued pursuant to Rule41(a) of the Federal Rules of Appellate Procedure. [See USCA Memorandum 49 AFFIRMED.] (mat) (Entered: 08/31/2020)
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