Skip to content

Case Detail

[Subscribe to updates]
Case TitleGuzzi v. U.S Citizenship and Immigration Services et al
DistrictDistrict of Massachusetts
CityBoston
Case Number1:2018cv10068
Date Filed2018-01-12
Date ClosedOpen
JudgeJudge Richard G. Stearns
PlaintiffRosario Guzzi
Case DescriptionRosario Guzzi submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning a statutory requirement for entities to report to the agency any individuals they know are in the U.S. illegally. The agency told Guzzi that his request failed to describe the records he was seeking sufficiently to conduct a search and closed his case. Guzzi filed an administrative appeal, but after hearing nothing further from the agency, Guzzi filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S Citizenship and Immigration Services
DefendantU.S Citizenship and Immigration Services
TERMINATED: 05/25/2018
DefendantDepartment of Homeland Security
DefendantNational Record Center, FOAI/PA
DefendantUnited States Immigration and Customs Enforcement Agency
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-01-123General Order 09-1, dated January 6, 2009 regarding the E-Government Act and Personal Identifiers entered. (Castilla, Francis) (Entered: 01/12/2018)
2018-01-124ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Danieli, Chris) (Entered: 01/12/2018)
2018-01-124ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Danieli, Chris) (Entered: 01/12/2018)
2018-01-235Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 2 Motion for Leave to Proceed in forma pauperis. The Clerk shall issue summons for service of the defendant. The plaintiff may elect to have service made by the United States Marshal Service. If directed by the plaintiff to do so, the United States Marshal shall serve the summons, complaint and this order upon defendant, in the manner directed by the plaintiff, with all costs of service to be advanced by the United States. Notwithstanding Fed. R. Civ. P. 4(m) and Local Rule 4.1, the plaintiff shall have 90 days from the date of this Order to complete service. (PSSA, 4) (Entered: 01/23/2018)
2018-01-236Summons Issued as to Department of Homeland Security, National Record Center,, U.S Citizenship and Immigration Services. Summonses mailed to plaintiff with a copy of Local Rule 4.1, notices for service by USMS and on the United States, USM-285 forms and courtesy copy of the complaint. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Attachments: # 1 notice to plaintiff USMS service, LR 4.1)(PSSA, 4) (Entered: 01/23/2018)
2018-02-067Letter from Rosario Guzzi regarding service on Government Defendants. (Attachments: # 1 Certified Mail Receipts) (Pacho, Arnold) (Entered: 02/06/2018)
2018-02-208SUMMONS Returned Executed as to USCIS, Department of Homeland Security, and National Record Center by Rosario Guzzi. (Pacho, Arnold) (Entered: 02/20/2018)
2018-02-209SUMMONS Returned Executed as to the Attorney General of the United States of America by Rosario Guzzi. (Pacho, Arnold) (Entered: 02/20/2018)
2018-02-2210Copy re 8 Summons Returned Executed as to USCIS, Department of Homeland Security, and National Record Center, 9 Summons Returned Executed as to the Attorney General, and docket sheet mailed to Rosario Guzzi on 2/22/2018. (Pacho, Arnold) (Entered: 02/22/2018)
2018-03-0111Summons Returned Unexecuted by Rosario Guzzi as to U.S. Attorney Boston. (Attachments: # 1 Letter) (Pacho, Arnold) (Entered: 03/01/2018)
2018-03-0112Summons Returned Unexecuted by Rosario Guzzi as to Civil Process Clerk of U.S. Attorney, Boston. (Pacho, Arnold) (Entered: 03/01/2018)
2018-03-0113Copy re 11 Summons Returned Unexecuted, 12 Summons Returned Unexecuted, and Docket Sheet mailed to Rosario Guzzi on 3/1/2018. (Pacho, Arnold) (Entered: 03/01/2018)
2018-03-1214NOTICE of Appearance by Anita Johnson on behalf of Department of Homeland Security, National Record Center,, U.S Citizenship and Immigration Services (Johnson, Anita) (Entered: 03/12/2018)
2018-03-1515SUMMONS Returned Executed as to US Attorney by Rosario Guzzi, served on 2/20/2018, answer due 4/23/2018. (Counsel for US Attorney informed the Court of date the office was served. No proof provided by the plaintiff to this day). (Pacho, Arnold) (Entered: 03/15/2018)
2018-03-1916MOTION for Extension of Time to 4/12/2018 to File Answer re 1 Complaint by all defendants by Department of Homeland Security.(Johnson, Anita) (Entered: 03/19/2018)
2018-03-2217Judge Richard G. Stearns: ELECTRONIC ORDER entered finding as moot 16 Motion for Extension of Time to Answer. The answer must be filed no later than 4/23/18 as noted in D.15. (Pacho, Arnold) (Entered: 03/22/2018)
2018-04-2318MOTION for Extension of Time to 7/23/2018 to File Answer by National Record Center,, U.S Citizenship and Immigration Services.(Johnson, Anita) (Entered: 04/23/2018)
2018-04-2419Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 18 Motion for Extension of Time to Answer - The government having represented that the proper defendant is U.S. Immigration and Customs Enforcement (ICE), the court provides an additional 90 days to respond (until July 23, 2018), but no more. Moreover, ICE must file within thirty days (by May 25, 2018) for a substitution of proper party/parties. (Zierk, Marsha) (Entered: 04/24/2018)
2018-04-2420Copy of the court's Order granting the motion for extension of time to answer was mailed to Rosario Guzzi on 4/24/18. (Zierk, Marsha) (Entered: 04/24/2018)
2018-04-3021MOTION for Relief by Rosario Guzzi. (Attachments: # 1 Exhibit A) (Pacho, Arnold) (Entered: 04/30/2018)
2018-05-0222Judge Richard G. Stearns: ELECTRONIC ORDER entered denying 21 without prejudice -- plaintiff Rosario Guzzi's motion to declare invalid ICE's response to his FOIA requests. Guzzi has made no showing that he has exhausted his administrative remedies, or that his request for interim relief is within this court's power to grant. The court will set a pretrial schedule after it receives the government's response to Guzzi's Complaint. (MKZ)) (Entered: 05/02/2018)
2018-05-0223Copy of the court's Order on plaintiff's Motion for Relief from Mistake and subsequent judgment was mailed to Rosario Guzzi on 5/2/2018. (mkz) (Entered: 05/02/2018)
2018-05-2424Assented to MOTION to Substitute Party by Department of Homeland Security, National Record Center,, U.S Citizenship and Immigration Services. (Attachments: # 1 Exhibit)(Johnson, Anita) (Entered: 05/24/2018)
2018-05-2525Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 24 Motion to Substitute Party. United States Immigration and Customs Enforcement Agency added. U.S Citizenship and Immigration Services terminated. (Pacho, Arnold) (Entered: 05/25/2018)
2018-05-2526Copy re 25 Order on Motion to Substitute Party and Docket Sheet mailed to Rosario Guzzi on 5/25/2018. (Pacho, Arnold) (Entered: 05/25/2018)
2018-06-0127MOTION for Miscellaneous Relief by Rosario Guzzi. (Attachments: # 1 Exhibit) (Pacho, Arnold) (Entered: 06/01/2018)
2018-06-2128Judge Richard G. Stearns: ELECTRONIC ORDER entered denying 27 Motion for special matters, without prejudice until ICE has the opportunity to respond to Rosario Guzzi's Complaint. (Zierk, Marsha) (Entered: 06/21/2018)
2018-06-2129Copy re 28 Order on Motion for Miscellaneous Relief mailed to Rosario Guzzi on 6/21/2018. (Pacho, Arnold) (Entered: 06/21/2018)
Hide Docket Events
by FOIA Project Staff