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Case TitleThomas Burton v. John F. Kelly
DistrictCentral District of California
CitySouthern Division - Santa Ana
Case Number8:2017cv00705
Date Filed2017-04-18
Date Closed2018-06-25
JudgeJudge Andrew J. Guilford
PlaintiffThomas Burton
Case DescriptionThomas Burton submitted a FOIA request to the Department of Homeland Security for records concerning himself that had been submitted by Juxia Qin, a Chinese citizen whom Burton brought to the United States to marry him. Instead, she took advantage of him and accused him of battering her. After hearing nothing further from the agency, Burton filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantJohn F. Kelly in his official capacity as Secretary of the Department of Homeland Security
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Opinion/Order [24]
Opinion/Order [25]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-04-181COMPLAINT Receipt No: 0973-19705809 - Fee: $400, filed by Plaintiff Thomas Burton. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet) (Attorney Shun C Chen added to party Thomas Burton(pty:pla))(Chen, Shun) (Entered: 04/18/2017)
2017-04-192NOTICE OF ASSIGNMENT to District Judge Andrew J. Guilford and Magistrate Judge Karen E. Scott. (car) (Entered: 04/19/2017)
2017-04-193NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) (Entered: 04/19/2017)
2017-04-194NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening), 1 . The following error(s) was found: Attachment 5 Civil Cover Sheet should have been e-filed separately and in its own event category. The event category for the civil cover sheet is located under Civil Events Other Filings Miscellaneous Filings. No further action is required unless the Court so directs. (car) (Entered: 04/19/2017)
2017-04-205Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiff Thomas Burton. (Chen, Shun) (Entered: 04/20/2017)
2017-04-206CERTIFICATE of Interested Parties filed by Plaintiff Thomas Burton, (Chen, Shun) (Entered: 04/20/2017)
2017-04-21760 DAY Summons Issued re Complaint (Attorney Civil Case Opening), 1 as to Defendant John F. Kelly. (mba) (Entered: 04/21/2017)
2017-06-228STIPULATION for Extension of Time to File Answer to 07/24/2017 re Complaint (Attorney Civil Case Opening), 1 filed by Defendant John F. Kelly. (Attachments: # 1 Proposed Order)(Attorney Alarice M Medrano added to party John F. Kelly(pty:dft))(Medrano, Alarice) (Entered: 06/22/2017)
2017-06-229*** NOTE: CHANGES MADE BY THE COURT*** ORDER EXTENDING TIME FOR DEFENDANT TO ANSWER, MOVE, OR OTHERWISE RESPOND TO COMPLAIN by Judge Andrew J. Guilford: Defendant, John F. Kelly, Secretary of the Department of Homeland Security ("DHS), shall have to and including July 24, 2017, to answer, plead or otherwise respond to Plaintiff's Complaint. NO FURTHER CONTINUANCES WILL BE GRANTED WITHOUT A FURTHER VERY STRONG SHOWING OF GOOD CAUSE. (dv) (Entered: 06/22/2017)
2017-07-2410ANSWER to Complaint (Attorney Civil Case Opening), 1 filed by Defendant John F. Kelly.(Medrano, Alarice) (Entered: 07/24/2017)
2017-07-2511ORDER RE EARLY MEETING OF PARTIES AND SCHEDULING CONFERENCE: Scheduling Conference set for 9/25/2017 at 09:00 AM before Judge Andrew J. Guilford. (lb) (Entered: 07/25/2017)
2017-09-1512JOINT REPORT Rule 26(f) Discovery Plan filed by Defendant John F. Kelly.. (Medrano, Alarice) (Entered: 09/15/2017)
2017-09-2513MINUTES OF Scheduling Conference held before Judge Andrew J. Guilford: The Court sets the following dates: Defendant's summary judgment motion shall be filed by January 29, 2018. Plaintiffs' opposition and cross-motion for summary judgment shall be filed by February 26, 2018. Defendant's reply brief and cross-response shall be filed by March 19, 2018. Plaintiffs' cross-reply shall be filed by April 19, 2019 when the matter stands submitted. The Court will set a hearing if necessary. If the cross motions for summary judgment do not resolve this case, the Court sets the following dates: Discovery cut-off 7/30/2018. Final Pretrial Conference set for 10/15/2018 08:30 AM before Judge Andrew J. Guilford. Bench Trial set for 10/30/2018 09:00 AM before Judge Andrew J. Guilford. Court Reporter: Miriam Baird. (mt) (Entered: 09/27/2017)
2018-01-2914NOTICE OF MOTION AND MOTION for Summary Judgment ; MEMORANDUM OF POINTS AND AUTHORITIES filed by Defendant John F. Kelly. (Attachments: # 1 Jill A. Eggleston Declaration and Exhibits, # 2 Separate Statement, # 3 Proposed Order) (Medrano, Alarice) (Entered: 01/29/2018)
2018-02-2615MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment ; MEMORANDUM OF POINTS AND AUTHORITIES 14 filed by Plaintiff Thomas Burton. (Attachments: # 1 Memorandum Statement of Genuine Issues, # 2 Declaration Declaration of Thomas Burton, # 3 Declaration Declaration of Shun C. Chen, # 4 Declaration Proof of Service)(Chen, Shun) (Entered: 02/26/2018)
2018-02-2616NOTICE OF MOTION AND MOTION for Summary Judgment as to Entire Action filed by Plaintiff Thomas Burton. (Attachments: # 1 Proposed Order Proposed Order) (Chen, Shun) (Entered: 02/26/2018)
2018-03-1517Joint STIPULATION to Continue THE BRIEFING SCHEDULE ON CROSS MOTIONS FOR SUMMARY JUDGMENT from MARCH 19, 2018 and APRIL 19, 2018 to MARCH 26, 2018 and APRIL 26, 2018 filed by Defendant John F. Kelly. (Attachments: # 1 Proposed Order)(Medrano, Alarice) (Entered: 03/15/2018)
2018-03-1518ORDER CONTINUING THE BRIEFING SCHEDULE ON CROSS MOTIONS FOR SUMMARY JUDGMENT by Judge Andrew J. Guilford. IT IS HEREBY ORDERED that the briefing schedule is continued as follows: Defendants reply brief and cross-response shall be filed by March 26, 2018. Plaintiffs cross-reply shall be filed by April 26, 2018. Thereafter the matter shall stand submitted. The Court will set a hearing if necessary. (es) (Entered: 03/15/2018)
2018-03-2619REPLY In Support Of NOTICE OF MOTION AND MOTION for Summary Judgment ; MEMORANDUM OF POINTS AND AUTHORITIES 14 ; AND IN OPPOSITION TO PLAINTIFF'S CROSS MOTION FOR SUMMARY JUDGMENT filed by Defendant John F. Kelly. (Medrano, Alarice) (Entered: 03/26/2018)
2018-04-2420STIPULATION for Extension of Time to File Plaintiff's Reply Brief to Opposition to Cross Motion for Summary Judgment filed by Plaintiff Thomas Burton. (Attachments: # 1 Proposed Order)(Chen, Shun) (Entered: 04/24/2018)
2018-04-2421ORDER Continuing the Briefing Schedule on Cross Motions for Summary Judgment 20 by Judge Andrew J. Guilford: IT IS HEREBY ORDERED that the briefing schedule is continued as follows: Plaintiffs cross-reply shall be filed on or before May 3, 2018. Thereafter, the matter shall stand submitted. The Court will set a hearing if necessary. (lwag) (Entered: 04/24/2018)
2018-05-0322REPLY in support NOTICE OF MOTION AND MOTION for Summary Judgment as to Entire Action 16 filed by Plaintiff Thomas Burton. (Chen, Shun) (Entered: 05/03/2018)
2018-06-2523MINUTES (IN CHAMBERS) ORDER by Judge Andrew J. Guilford Granting 14 Motion for Summary Judgment. The Court GRANTS Defendant's motion for summary judgment (Dkt. No. 14 ) and DENIES Plaintiff's motion for summary judgment (Dkt. No. 16 ). The Court will sign and separately file Defendant's proposed judgment. (see document for details). MD JS-6. Case Terminated. (dro) (Entered: 06/26/2018)
2018-06-2524[STRICKEN AS ENTERED IN ERROR] JUDGMENT FOR PLAINTIFF 23 by Judge Andrew J. Guilford. (es) Modified on 6/26/2018 (lb). (Entered: 06/26/2018)
2018-06-2625JUDGMENT FOR DEFENDANT by Judge Andrew J. Guilford: IT IS HEREBY ORDERED that judgment is entered in favor of Defendant on all causes of action. (mt) (Entered: 06/26/2018)
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by FOIA Project Staff