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Case TitleFEDERATION FOR AMERICAN IMMIGRATION REFORM ("FAIR") v. U.S. CITIZENSHIP AND IMMIGRATION SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00876
Date Filed2018-04-13
Date ClosedOpen
JudgeJudge Emmet G. Sullivan
PlaintiffFEDERATION FOR AMERICAN IMMIGRATION REFORM ("FAIR")
Case DescriptionThe Federation for American Immigration Reform submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning the top 20 H-1B employers submitting visa petitions as well as the top 100 non-profit organizations submitting H-1B cap exempt visa petitions. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, FAIR 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
DefendantUS CITIZENSHIP AND IMMIGRATION SERVICES
20 Massachusetts Ave, N.W.
Washington DC, DC 20001
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-04-131COMPLAINT against U.S. CITIZENSHIP AND IMMIGRATION SERVICES ( Filing fee $ 400 receipt number 0090-5422747) filed by FEDERATION FOR AMERICAN IMMIGRATION REFORM ("FAIR"). (Attachments: # 1 Civil Cover Sheet, # 2 Summons Attorney General, # 3 Summons Defendant, # 4 Summons US Attorney)(Axelrod, Julie) (Attachment 1 replaced on 4/16/2018) (zmd). (Entered: 04/13/2018)
2018-04-13Case Assigned to Judge Emmet G. Sullivan. (zmd) (Entered: 04/16/2018)
2018-04-162SUMMONS (3) Issued Electronically as to U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent) (zmd) (Entered: 04/16/2018)
2018-04-173STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 4/17/18. (Attachment: # 1 Exhibit 1) (mac) (Entered: 04/17/2018)
2018-05-154RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/30/2018. Answer due for ALL FEDERAL DEFENDANTS by 5/30/2018. (Axelrod, Julie) (Entered: 05/15/2018)
2018-05-155RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/30/2018. (Axelrod, Julie) (Entered: 05/15/2018)
2018-05-156RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. CITIZENSHIP AND IMMIGRATION SERVICES served on 4/14/2018 (Axelrod, Julie) (Entered: 05/15/2018)
2018-05-297NOTICE of Appearance by Sarah Rose Rehberg on behalf of FEDERATION FOR AMERICAN IMMIGRATION REFORM ("FAIR") (Rehberg, Sarah) (Entered: 05/29/2018)
2018-05-308ANSWER to Complaint by U.S. CITIZENSHIP AND IMMIGRATION SERVICES.(Nebeker, William) (Entered: 05/30/2018)
2018-06-089NOTICE OF WITHDRAWAL OF APPEARANCE as to FEDERATION FOR AMERICAN IMMIGRATION REFORM ("FAIR"). Attorney Julie B. Axelrod terminated. (Axelrod, Julie) (Entered: 06/08/2018)
2018-06-12MINUTE ORDER. Plaintiff brings this action pursuant to the Freedom of Information Act ("FOIA"), 5 U.S.C. 552. The parties are directed to meet and confer and propose a joint scheduling order for further proceedings in this case by no later than July 12, 2018. The parties' joint proposed scheduling order shall address the following: (1) The status of plaintiff's FOIA request; (2) The anticipated number of documents responsive to plaintiff's FOIA request; (3) The anticipated date(s) for release of documents responsive to plaintiff's FOIA request; (4) Whether a motion for an Open America stay is likely in this case; (5) Whether a Vaughn index will be required in this case; (6) Whether this case would benefit from referral to a magistrate judge or the District Court Mediation Program for purposes of settlement; and (7) A proposed briefing schedule for dispositive motions, if applicable. If the parties are unable to agree on a joint recommendation, the joint proposed scheduling order shall include each party's individual recommendations. Signed by Judge Emmet G. Sullivan on 6/12/2018. (lcegs3) (Entered: 06/12/2018)
2018-06-13Set/Reset Deadlines: Joint Proposed Scheduling Order due by 7/12/2018. (mac) (Entered: 06/13/2018)
2018-07-1010Joint STATUS REPORT by FEDERATION FOR AMERICAN IMMIGRATION REFORM ("FAIR"). (Attachments: # 1 Text of Proposed Order)(Rehberg, Sarah) (Entered: 07/10/2018)
2018-08-02MINUTE ORDER in view of 10 joint status report, the parties are directed to file another joint status report updating the Court and providing recommendations for further proceedings by no later than October 1, 2018. Signed by Judge Emmet G. Sullivan on 8/2/2018. (lcegs3) (Entered: 08/02/2018)
2018-08-02Set/Reset Deadlines: Joint Status Report due by 10/1/2018. (mac) (Entered: 08/02/2018)
2018-09-1111NOTICE of Appearance by Ralph L. Casale on behalf of FEDERATION FOR AMERICAN IMMIGRATION REFORM ("FAIR") (Casale, Ralph) (Entered: 09/11/2018)
2018-10-0112Joint STATUS REPORT by FEDERATION FOR AMERICAN IMMIGRATION REFORM ("FAIR"). (Attachments: # 1 Text of Proposed Order)(Casale, Ralph) (Entered: 10/01/2018)
2018-10-03MINUTE ORDER in view of 12 joint status report, the parties are directed to file another status report updating the Court and providing recommendations for further proceedings by no later than November 1, 2018. Signed by Judge Emmet G. Sullivan on 10/3/2018. (lcegs3) (Entered: 10/03/2018)
2018-10-03Set/Reset Deadlines: Status Report due by 11/1/2018 (mac) (Entered: 10/03/2018)
2018-10-3013NOTICE OF WITHDRAWAL OF APPEARANCE as to FEDERATION FOR AMERICAN IMMIGRATION REFORM ("FAIR"). Attorney Sarah Rose Rehberg terminated. (Rehberg, Sarah) (Entered: 10/30/2018)
2018-11-0114Joint STATUS REPORT by FEDERATION FOR AMERICAN IMMIGRATION REFORM ("FAIR"). (Attachments: # 1 Text of Proposed Order)(Casale, Ralph) (Entered: 11/01/2018)
2018-11-02MINUTE ORDER in view of 14 joint status report, the parties are directed to file another status report by no later than December 3, 2018. Signed by Judge Emmet G. Sullivan on 11/2/2018. (lcegs3) (Entered: 11/02/2018)
2018-11-02Set/Reset Deadlines: Joint Status Report due by 12/3/2018. (mac) (Entered: 11/02/2018)
2018-12-0315Joint STATUS REPORT by FEDERATION FOR AMERICAN IMMIGRATION REFORM ("FAIR"). (Attachments: # 1 Text of Proposed Order)(Casale, Ralph) (Entered: 12/03/2018)
2018-12-03MINUTE ORDER in view of 15 joint status report, the parties are directed to file another joint status report by no later than January 7, 2019. Signed by Judge Emmet G. Sullivan on 12/3/2018. (lcegs3) (Entered: 12/03/2018)
2018-12-04Set/Reset Deadlines: Joint Status Report due by 1/7/2019. (mac) (Entered: 12/04/2018)
2019-01-0716Unopposed MOTION to Stay (Defendant's Unopposed Motion to Stay Proceedings in Light of Lapse in Appropriations) by U.S. CITIZENSHIP AND IMMIGRATION SERVICES (Nebeker, William) (Entered: 01/07/2019)
2019-01-09MINUTE ORDER granting 16 unopposed motion to stay in light of lapse of appropriations. Defendants are directed to notify the Court when appropriations are restored or if a continuing resolution is enacted. Signed by Judge Emmet G. Sullivan on 1/9/2019. (lcegs3) (Entered: 01/09/2019)
2019-01-2917NOTICE OF RESTORED GOVERNMENT FUNDING by U.S. CITIZENSHIP AND IMMIGRATION SERVICES (Nebeker, William) (Entered: 01/29/2019)
2019-02-04MINUTE ORDER. In view of 17 Notice of Restored Government Funding, the parties are directed to file a joint status report by no later than February 22, 2019, informing the Court of the status of plaintiff's FOIA requests and providing recommendations for further proceedings. Signed by Judge Emmet G. Sullivan on 2/4/2019. (lcegs3) (Entered: 02/04/2019)
2019-02-05Set/Reset Deadlines: Joint Status Report due by 2/22/2019. (mac) (Entered: 02/05/2019)
2019-02-2218Joint STATUS REPORT by FEDERATION FOR AMERICAN IMMIGRATION REFORM ("FAIR"). (Attachments: # 1 Text of Proposed Order)(Casale, Ralph) (Entered: 02/22/2019)
2019-02-22MINUTE ORDER. In view of the 18 Joint Status Report that states the parties have "engaged in settlement discussions[,]" the parties are directed to file another joint status report informing the Court whether further litigation will be necessary by no later than March 25, 2019. Signed by Judge Emmet G. Sullivan on 2/22/2019. (lcegs3) (Entered: 02/22/2019)
2019-02-25Set/Reset Deadlines: Joint Status Report due by 3/25/2019. (mac) (Entered: 02/25/2019)
2019-03-2519Joint STATUS REPORT by FEDERATION FOR AMERICAN IMMIGRATION REFORM ("FAIR"). (Attachments: # 1 Text of Proposed Order)(Casale, Ralph) (Entered: 03/25/2019)
2019-03-26MINUTE ORDER. In view of 19 Joint Status Report that states the parties have "engaged in settlement discussions[,]" the parties are directed to file another joint status report by no later than April 30, 2019. Signed by Judge Emmet G. Sullivan on 3/26/2019. (lcegs3) (Entered: 03/26/2019)
2019-03-27Set/Reset Deadlines: Joint Status Report due by 4/30/2019. (mac) (Entered: 03/27/2019)
2019-04-3020Joint STATUS REPORT by FEDERATION FOR AMERICAN IMMIGRATION REFORM ("FAIR"). (Attachments: # 1 Text of Proposed Order)(Casale, Ralph) (Entered: 04/30/2019)
2019-05-01MINUTE ORDER. In view of the 20 Joint Status Report, the parties are directed to file another joint status report by no later than May 30, 2019. Signed by Judge Emmet G. Sullivan on 5/1/2019. (lcegs3) (Entered: 05/01/2019)
2019-05-02Set/Reset Deadlines: Joint Status Report due by 5/30/2019. (mac) (Entered: 05/02/2019)
2019-05-3021Joint STATUS REPORT by FEDERATION FOR AMERICAN IMMIGRATION REFORM ("FAIR"). (Attachments: # 1 Text of Proposed Order)(Casale, Ralph) (Entered: 05/30/2019)
2019-06-03MINUTE ORDER. In view of the 21 Joint Status Report, the parties are directed to file another joint status report by no later than July 2, 2019. Signed by Judge Emmet G. Sullivan on 6/3/2019. (lcegs3) (Entered: 06/03/2019)
2019-06-03Set/Reset Deadlines: Joint Status Report due by 7/2/2019. (mac) (Entered: 06/03/2019)
2019-07-0222Joint STATUS REPORT by FEDERATION FOR AMERICAN IMMIGRATION REFORM ("FAIR"). (Attachments: # 1 Text of Proposed Order)(Casale, Ralph) (Entered: 07/02/2019)
2019-08-01MINUTE ORDER. In view of the 22 Joint Status Report, the parties are directed to file another joint status report by no later than August 16, 2019. Signed by Judge Emmet G. Sullivan on 8/1/2019. (lcegs3) (Entered: 08/01/2019)
2019-08-01Set/Reset Deadlines: Joint Status Report due by 8/16/2019. (mac) (Entered: 08/01/2019)
2019-08-1623Consent MOTION for Extension of Time to File Joint Status Report by FEDERATION FOR AMERICAN IMMIGRATION REFORM ("FAIR") (Attachments: # 1 Text of Proposed Order)(Casale, Ralph) (Entered: 08/16/2019)
2019-08-19MINUTE ORDER granting 23 Consent Motion for Extension of Time to File Joint Status Report. The parties are directed to file another joint status report by no later than August 26, 2019. Signed by Judge Emmet G. Sullivan on 8/19/2019. (lcegs3) (Entered: 08/19/2019)
2019-08-19Set/Reset Deadlines/Hearings: Joint Status Report due by 8/26/2019. (zcdw) (Entered: 08/20/2019)
2019-08-2624Joint STATUS REPORT by FEDERATION FOR AMERICAN IMMIGRATION REFORM ("FAIR"). (Attachments: # 1 Text of Proposed Order)(Casale, Ralph) (Entered: 08/26/2019)
2019-08-27MINUTE ORDER. In view of the 24 Joint Status Report, the parties are directed to file another joint status report by no later than September 26, 2019. Signed by Judge Emmet G. Sullivan on 8/27/2019. (lcegs3) (Entered: 08/27/2019)
2019-08-28Set/Reset Deadlines: Joint Status Report due by 9/26/2019. (mac) (Entered: 08/28/2019)
2019-09-2625Joint STATUS REPORT by FEDERATION FOR AMERICAN IMMIGRATION REFORM ("FAIR"). (Attachments: # 1 Text of Proposed Order)(Casale, Ralph) (Entered: 09/26/2019)
2019-09-27MINUTE ORDER. In view of the 25 Joint Status Report that states the parties intend to continue their settlement discussions as to the remaining issue of attorneys' fees and costs, the parties are directed to file another joint status report by no later than October 29, 2019. Signed by Judge Emmet G. Sullivan on 9/27/2019. (lcegs3) (Entered: 09/27/2019)
2019-09-27Set/Reset Deadlines/Hearings: Joint Status Report due by 10/29/2019. (zcdw) (Entered: 09/27/2019)
2019-09-30Set/Reset Deadlines: Joint Status Report due by 10/29/2019 (mac) (Entered: 09/30/2019)
2019-10-2926Joint STATUS REPORT by FEDERATION FOR AMERICAN IMMIGRATION REFORM ("FAIR"). (Attachments: # 1 Text of Proposed Order)(Casale, Ralph) (Entered: 10/29/2019)
2019-10-30MINUTE ORDER. In view of the 26 Joint Status Report that states the parties need additional time to engage in settlement discussions, the parties are directed to file another joint status report by no later than December 5, 2019. In the event that the parties finalize the settlement agreement and agree to dismiss this case before December 5, 2019, the parties shall file an appropriate stipulation. Signed by Judge Emmet G. Sullivan on 10/30/2019. (lcegs3) (Entered: 10/30/2019)
2019-10-30Set/Reset Deadlines: Joint Status Report Or Stipulation due by 12/5/2019. (mac) (Entered: 10/30/2019)
2019-12-0527Joint STATUS REPORT by FEDERATION FOR AMERICAN IMMIGRATION REFORM ("FAIR"). (Attachments: # 1 Text of Proposed Order)(Casale, Ralph) (Entered: 12/05/2019)
2019-12-06MINUTE ORDER. In view of the 27 Joint Status Report, the parties are directed to file another joint status report by no later than January 14, 2020. In the event that the parties finalize the settlement agreement and agree to dismiss this case, the parties shall file an appropriate stipulation. Signed by Judge Emmet G. Sullivan on 12/6/2019. (lcegs3) (Entered: 12/06/2019)
2019-12-06Set/Reset Deadlines: Joint Status Report due by 1/14/2020 (mac) (Entered: 12/06/2019)
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