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Case TitleMoujtahid et al v. United States Citizenship and Immigration Services et al
DistrictWestern District of Washington
CitySeattle
Case Number2:2018cv01789
Date Filed2018-12-12
Date Closed2020-07-15
JudgeJudge Ricardo S. Martinez
PlaintiffFatima Moujtahid on behalf of herself and her minor child
PlaintiffBM
PlaintiffJay Gairson in his professional capacity as the requester on behalf of his clients Fatima Moujtahid and BM
Case DescriptionJay Gairson, an attorney representing Fatima Moujtahid, submitted a FOIA request on her behalf to U.S. Citizenship and Immigration Services for records concerning her and her child. The agency told Gairson that he had failed to perfect his request. Gairson then submitted a second request. This time the agency told Gairson that it could not locate his first request. After hearing nothing further from the agency, Moujtahid filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver

DefendantUnited States Citizenship and Immigration Services ("USCIS")
DefendantUS Citizenship and Immigration Services ("USCIS")
DefendantUnited States Department of Homeland Security ("DHS")
DefendantNational Records Center ("NRC")
DefendantKirstjen Nielsen in her official capacity as Secretary of the DHS
DefendantL Francis Cissna in his official capacity as Director of USCIS
DefendantJill A Eggleston in her official capacity as the USCIS and NRC FOIA/PA Public Liaison
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [15]
Opinion/Order [18]
Opinion/Order [20]
Opinion/Order [23]
Opinion/Order [25]
Opinion/Order [27]
Opinion/Order [29]
Opinion/Order [31]
Opinion/Order [33]
Opinion/Order [39]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-12-121SEALED DOCUMENTS COMPLAINT for declaratory relief and injunctive relief for violation of the Freedom Of Information Act against All Defendants (Receipt # 0981-5579068) Attorney Jay W. Gairson added to party Jay Gairson(pty:pla), Attorney Jay W. Gairson added to party BM (pty:pla), Attorney Jay W. Gairson added to party Fatima Moujtahid(pty:pla), filed by Jay Gairson, BM, Fatima Moujtahid. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Exhibit Declaration of Jay Gairson and Exhibits to Complaint)(Gairson, Jay) Modified on 12/17/2018 (KB). (Entered: 12/12/2018)
2018-12-122SEALED DOCUMENT PRAECIPE TO ISSUE SUMMONS re 1 Complaint,, Summons of US Attorney by Plaintiffs Jay Gairson, BM, Fatima Moujtahid (Gairson, Jay) Modified on 12/17/2018 (KB). (Entered: 12/12/2018)
2018-12-13Judge Ricardo S. Martinez added. (SNP) (Entered: 12/13/2018)
2018-12-133NOTICE TO FILER: re 1 Complaint,,. Notice of Filing Deficiency ** Action Required ** See Attached Letter for More Information and Instructions. (SNP) (Entered: 12/13/2018)
2018-12-134SEALED DOCUMENT Summons(es) Electronically Issued as to defendant(s) All Defendants (Attachments: # 1 Summons)(SNP) Modified on 12/17/2018 (KB). (Entered: 12/13/2018)
2018-12-135SEALED DOCUMENT REDACTION to 1 Complaint, Declaration of Jay Gairson and Exhibits to Complaint by Plaintiffs Jay Gairson, BM, Fatima Moujtahid (Gairson, Jay) Modified on 12/17/2018 (KB). (Entered: 12/13/2018)
2018-12-136PRAECIPE TO ISSUE SUMMONS re 1 Complaint by Plaintiffs Jay Gairson, BM, Fatima Moujtahid SEALED DOCUMENTS (Attachments: # 1 Summons of USDHS, # 2 Summons of NRC, # 3 Summons of Nielsen, # 4 Summons of Eggleston, # 5 Summons of Cissna)(Gairson, Jay) Modified on 12/17/2018 (KB). (Entered: 12/13/2018)
2018-12-147SEALED DOCUMENT Summons(es) Electronically Issued as to defendant(s) All Defendants (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(SNP) Modified on 12/17/2018 - sealed summons as they contain minor child's full name (KB). (Entered: 12/14/2018)
2018-12-148SEALED DOCUMENT Summons Electronically Issued as to defendant United States Department of Homeland Security (main document) (Attachments: # 1 Summons - National Records Center, # 2 Summons - Kirstjen Nielsen, # 3 Summons - L Francis Cissna, # 4 Summons - Jill A Eggleston) (PM) Modified on 12/17/2018 - sealed summons as they contain minor child's full name (KB). (Entered: 12/14/2018)
2018-12-179NOTICE TO FILER: re 1 Complaint,,. Notice of Filing Deficiency ** Action Required ** See Attached Letter for More Information and Instructions. (SNP) (Entered: 12/17/2018)
2018-12-1710REDACTION to 1 Complaint,, by Plaintiffs BM, Jay Gairson, Fatima Moujtahid (Attachments: # 1 Civil Cover Sheet Redacted Civil Cover Sheet, # 2 Exhibit Redacted Exhibits)(Gairson, Jay) (Entered: 12/17/2018)
2019-01-0311ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 2/14/2019, FRCP 26f Conference Deadline is 1/31/2019, Initial Disclosure Deadline is 2/7/2019, by Judge Ricardo S. Martinez. (LW) (Entered: 01/03/2019)
2019-01-1512NOTICE of Appearance by attorney Michelle R. Lambert on behalf of Defendants L Francis Cissna, Jill A Eggleston, National Records Center, Kirstjen Nielsen, United States Citizenship and Immigration Services, United States Department of Homeland Security. (Lambert, Michelle) (Entered: 01/15/2019)
2019-01-1513MOTION to Stay re 11 Joint Status Report Order Form for District Judges, 1 Complaint,, Deadlines , filed by Defendants L Francis Cissna, Jill A Eggleston, National Records Center, Kirstjen Nielsen, United States Citizenship and Immigration Services. (Attachments: # 1 Proposed Order) Noting Date 1/25/2019, (Lambert, Michelle) (Entered: 01/15/2019)
2019-01-1514Stipulated MOTION to Extend Time to Respond to Complaint , filed by Defendants L Francis Cissna, Jill A Eggleston, National Records Center, Kirstjen Nielsen, United States Citizenship and Immigration Services. Noting Date 1/15/2019, (Lambert, Michelle) (Entered: 01/15/2019)
2019-01-1715ORDER granting parties' 14 Stipulated Motion for Extension of Time. Defendants' time to respond to the Complaint is extended to 2/4/2019. Signed by Judge Ricardo S. Martinez. (PM) (Entered: 01/17/2019)
2019-01-2316RESPONSE, by Plaintiffs BM, Jay Gairson, Fatima Moujtahid, to 13 MOTION to Stay re 11 Joint Status Report Order Form for District Judges, 1 Complaint,, Deadlines . (Attachments: # 1 Proposed Order denying Motion for Stay)(Gairson, Jay) (Entered: 01/23/2019)
2019-01-2417REPLY, filed by Defendants L Francis Cissna, Jill A Eggleston, National Records Center, Kirstjen Nielsen, US Citizenship and Immigration Services, United States Department of Homeland Security, TO RESPONSE to 13 MOTION to Stay re 11 Joint Status Report Order Form for District Judges, 1 Complaint,, Deadlines (Lambert, Michelle) (Entered: 01/24/2019)
2019-01-2418ORDER granting Defendants' 13 Motion for a Stay of Deadlines in Light of Lapse of Appropriations. All pending deadlines, including the deadline to answer the complaint, are hereby STAYED and are hereby EXTENDED commensurate with the duration of the lapse in appropriations. Signed by Judge Ricardo S. Martinez. (PM) (Entered: 01/24/2019)
2019-01-2919NOTICE of Appropriation Rec'd and PO re resetting deadlines ; filed by Defendants L Francis Cissna, Jill A Eggleston, National Records Center, Kirstjen Nielsen, US Citizenship and Immigration Services, United States Department of Homeland Security. (Lambert, Michelle) (Entered: 01/29/2019)
2019-01-3120ORDER LIFTING STAY. The parties shall comply with the following deadlines: Deadline for Defendants to Respond to the Complaint is 2/4/2019, FRCP 26f Conference Deadline is 2/19/2019, Initial Disclosure Deadline is 2/26/2019, Joint Status Report due by 3/2/2019. Signed by Judge Ricardo S. Martinez. (TH) (Entered: 01/31/2019)
2019-02-0421ANSWER to 1 Complaint,, by L Francis Cissna, Jill A Eggleston, National Records Center, Kirstjen Nielsen, US Citizenship and Immigration Services, United States Department of Homeland Security.(Lambert, Michelle) (Entered: 02/04/2019)
2019-03-0122STIPULATION AND PROPOSED ORDER for relief from initial discovery deadline and JSR by parties (Lambert, Michelle) (Entered: 03/01/2019)
2019-03-0523ORDER releasing parties from the initial disclosure requirements of Rule 26(a)(1), as well as the requirements of Rule 26(f), requiring the parties to prepare a discovery plan per 22 Stipulation. Joint Status Report due by 4/29/2019. Signed by Judge Ricardo S. Martinez. (PM) (Entered: 03/05/2019)
2019-04-2524Joint STATUS REPORT by Defendants L Francis Cissna, Jill A Eggleston, National Records Center, Kirstjen Nielsen, US Citizenship and Immigration Services (Lambert, Michelle) (Entered: 04/25/2019)
2019-04-2925ORDER re parties' 24 Joint Status Report. Joint Status Report due by 6/28/2019. Signed by Judge Ricardo S. Martinez. (PM) (Entered: 04/29/2019)
2019-06-2826Joint STATUS REPORT by Defendants L Francis Cissna, Jill A Eggleston, National Records Center, Kirstjen Nielsen, US Citizenship and Immigration Services, United States Department of Homeland Security (Lambert, Michelle) (Entered: 06/28/2019)
2019-07-0227ORDER re parties' 26 Joint Status Report. Joint Status Report due by 8/12/2019. Signed by Judge Ricardo S. Martinez. (SWT) (Entered: 07/02/2019)
2019-08-1228Joint STATUS REPORT by Defendants L Francis Cissna, Jill A Eggleston, National Records Center, Kirstjen Nielsen, US Citizenship and Immigration Services, United States Department of Homeland Security (Lambert, Michelle) (Entered: 08/12/2019)
2019-08-1329ORDER re 28 Joint Status Report. Joint Status Report due by 9/26/2019. Signed by Judge Ricardo S. Martinez. (PM) (Entered: 08/13/2019)
2019-09-2630Joint STATUS REPORT by Defendants L Francis Cissna, Jill A Eggleston, National Records Center, Kirstjen Nielsen, US Citizenship and Immigration Services, United States Department of Homeland Security (Lambert, Michelle) (Entered: 09/26/2019)
2019-09-3031ORDER re parties' 30 Joint Status Report. Joint Status Report due by 11/25/2019. Signed by Judge Ricardo S. Martinez. (PM) (Entered: 09/30/2019)
2019-11-2532Joint STATUS REPORT and proposed Order by Defendants National Records Center, Kirstjen Nielsen, US Citizenship and Immigration Services, United States Department of Homeland Security (Lambert, Michelle) (Entered: 11/25/2019)
2019-11-2533ORDER RE: BRIEFING SCHEDULE ON ISSUE OF THIRD PARTY PROTECTED PRIVACY INFORMATION signed by Judge Ricardo S. Martinez. Defendants' Motion: January 31, 2020; Plaintiffs' Response: February 28, 2020; Defendants' Reply: April 3, 2020. (PM) (Main Document 33 replaced on 11/26/2019) (PM). (Entered: 11/25/2019)
2019-11-26NOTICE of Docket Text Modification re 33 Order re: Briefing Schedule on Issue of Third Party Protected Privacy Information: Clerk posted wrong order; correct order now on docket. NEF regenerated to counsel. (PM) (Entered: 11/26/2019)
2020-01-3134MOTION to Dismiss , filed by Defendants L Francis Cissna, Jill A Eggleston, National Records Center, Kirstjen Nielsen, US Citizenship and Immigration Services, United States Department of Homeland Security. (Attachments: # 1 Proposed Order) Noting Date 4/3/2020, (Lambert, Michelle) (Entered: 01/31/2020)
2020-01-3135DECLARATION of Eggleston filed by Defendants L Francis Cissna, Jill A Eggleston, National Records Center, Kirstjen Nielsen, US Citizenship and Immigration Services, United States Department of Homeland Security re 34 MOTION to Dismiss (Attachments: # 1 Exhibit A-E)(Lambert, Michelle) (Entered: 01/31/2020)
2020-02-2836RESPONSE, by Plaintiffs BM, Jay Gairson, Fatima Moujtahid, to 34 MOTION to Dismiss . (Gairson, Jay) (Entered: 02/28/2020)
2020-02-2837DECLARATION of Jay Gairson, Attorney filed by Plaintiffs BM, Jay Gairson, Fatima Moujtahid re 34 MOTION to Dismiss (Attachments: # 1 Exhibit A- Washington State Attorney General Settlement Proposal Letter, # 2 Exhibit B- Washington AG, Terry, and Cruz Consent Decree, # 3 Exhibit C- Terry and Cruz Guilty Pleas, # 4 Exhibit D- Chan Guilty Plea and Sentencing, # 5 Exhibit E- BIA Suspension of Chan, # 6 Exhibit F- Terry Emails re USCIS Adjudicator Favors, # 7 Exhibit G- Redacted Sample of Signature Blocks)(Gairson, Jay) (Entered: 02/28/2020)
2020-04-0338REPLY, filed by Defendants L Francis Cissna, Jill A Eggleston, National Records Center, Kirstjen Nielsen, US Citizenship and Immigration Services, United States Department of Homeland Security, TO RESPONSE to 34 MOTION to Dismiss (Lambert, Michelle) (Entered: 04/03/2020)
2020-07-1539ORDER granting Defendants' 34 Motion to Dismiss. Plaintiffs' FOIA claims are DISMISSED on summary judgment. The Court believes this resolves all remaining issues in this case. To the extent any issues remain, the parties are to notify the Court immediately by filing a joint status report. This case is CLOSED. Signed by Judge Ricardo S. Martinez.(LH) (Entered: 07/15/2020)
2020-07-1540JUDGMENT BY COURT: THE COURT HAS ORDERED THAT Defendants' Motion to Dismiss, Dkt. # 34 , is GRANTED. Plaintiffs' FOIA claims are DISMISSED on summary judgment. (LH) (Entered: 07/15/2020)
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by FOIA Project Staff
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