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Case TitleKXTV, LLC v. U.S. Citizenship and Immigration Services
DistrictEastern District of California
CitySacramento
Case Number2:2019cv00415
Date Filed2019-03-07
Date Closed2020-03-06
JudgeDistrict Judge John A. Mendez
PlaintiffKXTV, LLC
Doing business as ABC10
Case DescriptionKXTV, the ABC affiliate in Sacramento, submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning the immigration status of Omar Abdulsattar Ameen Husayn al-Sarhani al-Rawi, a Sacramento resident who had been accused of being a terrorist. The agency acknowledged receipt of the request but denied it under Exemption 6 (invasion of privacy) because KXTV had not provided a waiver from Ameen or shown that disclosure was in the public interest. KXTV then filed suit.
Complaint issues: Adequacy - Search, Litigation - Attorney's fees

DefendantUnited States Citizenship and Immigration Services
DefendantOmar Abdulsattar Ameen
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [13]
Opinion/Order [16]
Opinion/Order [18]
Opinion/Order [20]
Opinion/Order [29]
Opinion/Order [44]
Opinion/Order [47]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-03-071COMPLAINT against United States Citizenship and Immigration Services by KXTV, LLC. Attorney Burke, Thomas R. added. (Filing fee $ 400, receipt number 0972-8147408) (Attachments: # 1 Exhibit A -C, # 2 Civil Cover Sheet)(Burke, Thomas) (Entered: 03/07/2019)
2019-03-072CORPORATE DISCLOSURE STATEMENT by Plaintiff KXTV, LLC dba ABC10. (Burke, Thomas) (Entered: 03/07/2019)
2019-03-073[DISREGARDED] SEE 4 SUMMONS ISSUED as to *United States Citizenship and Immigration Services* with answer to complaint due within *60* days. Attorney *Thomas R. Burke* *Davis Wright Tremaine LLP* *505 Montgomery Street, Suite 800* *San Francisco, CA 94111*. (Mena-Sanchez, L) Modified on 3/7/2019 (Mena-Sanchez, L). (Entered: 03/07/2019)
2019-03-074CIVIL NEW CASE DOCUMENTS ISSUED. (Attachments: # 1 Civil Cover Sheet, # 2 Order re Filing Requirements, # 3 VDRP) (Mena-Sanchez, L) (Entered: 03/07/2019)
2019-03-075AMENDED SUMMONS ISSUED as to *United States Citizenship and Immigration Services* with answer to complaint due within *30* days. Attorney *Thomas R. Burke* *Davis Wright Tremaine LLP* *505 Montgomery Street, Suite 800* *San Francisco, CA 94111*. (Mena-Sanchez, L) (Entered: 03/07/2019)
2019-03-256FIRST AMENDED COMPLAINT against United States Citizenship and Immigration Services by KXTV, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet)(Burke, Thomas) (Entered: 03/25/2019)
2019-04-017SUMMONS RETURNED EXECUTED by KXTV, LLC. United States Citizenship and Immigration Services served on 3/28/2019.(Attachments: # 1 POS on USAO re USCIS, # 2 POS on DHS Sac., # 3 POS on USAO re DHS)(Burke, Thomas) Modified on 4/2/2019 (York, M). (Entered: 04/01/2019)
2019-04-238NOTICE of RELATED CASE 2:18-mj-152 by United States Citizenship and Immigration Services. Attorney Taylor, Kelli L. added. (Taylor, Kelli) (Entered: 04/23/2019)
2019-05-179ANSWER by United States Citizenship and Immigration Services.(Taylor, Kelli) (Entered: 05/17/2019)
2019-05-2810JOINT SCHEDULING REPORT by United States Citizenship and Immigration Services. (Taylor, Kelli) (Entered: 05/28/2019)
2019-05-2911MINUTE ORDER: The Court adopts the parties suggested briefing schedule on cross-motions for summary judgment as outlined in the Joint Status Report 10 . The matter should be noticed for hearing on January 14, 2020 at 1:30 p.m. (TEXT ENTRY ONLY)(Vine, H) (Entered: 05/29/2019)
2019-07-1712STIPULATION and PROPOSED ORDER for Extension of Time to File Vaughn Index by United States Citizenship and Immigration Services. (Attachments: # 1 Proposed Order)(Taylor, Kelli) (Entered: 07/17/2019)
2019-07-1813ORDER signed by District Judge John A. Mendez on 7/18/19 GRANTING Defendant USCIS's time to produce the Vaughn index from 7/26/19 until 8/21/19. (Becknal, R) (Entered: 07/18/2019)
2019-08-1414NOTICE of Compliance with Court Order by United States Citizenship and Immigration Services re 13 Order. (Taylor, Kelli) Modified on 8/16/2019 (Mena-Sanchez, L). (Entered: 08/14/2019)
2019-08-2215MOTION to INTERVENE (unopposed) by Omar Abdulsattar Ameen. (Attachments: # 1 Proposed Order)(Barbour, Rachelle) Modified on 8/26/2019 (Mena-Sanchez, L). (Entered: 08/22/2019)
2019-08-2316ORDER signed by District Judge John A. Mendez on 8/23/19 GRANTING 15 Motion to Intervene, GRANTING Mr. Ameen permission to intervene in this matter. (Coll, A) (Entered: 08/23/2019)
2019-08-3017STIPULATION and PROPOSED ORDER for Extension of Time re Briefing Schedule by United States Citizenship and Immigration Services. (Attachments: # 1 Proposed Order)(Taylor, Kelli) (Entered: 08/30/2019)
2019-09-0318ORDER signed by District Judge John A. Mendez on 8/30/19 EXTENDING the deadlines as follows: Intervenor shall provide his list of information(documents or redactions) that he waives any privacy interest in by 9/18/19; Defendant USCIS' advises whether it will produced the Intervenor's additional waived documents or the basis for withholding by 10/16/19; Plaintiff advises whether the August production and any further production based on Intervenor's waiver resolves this action by 10/31/19; Defendant USCIS's Motion for SummaryJudgment RESET to 11/21/19, (page limit 25); Plaintiff's Opposition to Summary Judgment RESET to 12/20/19, (page limit 25); Defendant USCIS's Reply in Support of its Motion for Summary Judgment RESET to 1/3/20, (page limit 15); Plaintiff's Sur-reply (Optional) RESET to 1/10/20, (page limit 5); and Hearing 1/14/20 @ 1:30p.m., (No Change) (Becknal, R) (Entered: 09/03/2019)
2019-10-1619STIPULATION and PROPOSED ORDER for Extension of the Briefing Schedule by KXTV, LLC. (Attachments: # 1 Proposed Order)(Burke, Thomas) (Entered: 10/16/2019)
2019-10-1720STIPULATION and ORDER signed by District Judge John A. Mendez on 10/16/19 EXTENDING the briefing schedule. Defendant USCIS advises whether it will produce the Intervenor's additional waived documents or the basis for withholding by 10/24/19. Plaintiff advises whether the August production and any further production based on Intervenors waiver resolves this action by 11/20/19. Defendant USCIS' Motion for Summary Judgment new date 12/18/2019. Plaintiff's Opposition to Summary Judgment new date 1/17/2020. Defendant USCIS' Reply In Support of Its Motion for Summary Judgment new date 1/31/2020. Plaintiff's sur-reply new date 2/10/20. Hearing 2/25/20 at 1:30 p.m.(Mena-Sanchez, L) (Entered: 10/17/2019)
2019-12-1821MOTION FOR SUMMARY JUDGMENT by United States Citizenship and Immigration Services. Motion Hearing set for 2/25/2020 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Attachments: # 1 Points and Authorities, # 2 Separate Statement, # 3 Declaration Jill Eggleston, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Declaration Toni Fuentes, # 10 Declaration Kelli L. Taylor, # 11 Exhibit F, # 12 Exhibit G, # 13 Exhibit H, # 14 Exhibit I, # 15 Exhibit J, # 16 Exhibit K, # 17 Exhibit L)(Taylor, Kelli) (Entered: 12/18/2019)
2020-01-1722OPPOSITION by KXTV, LLC to 21 Motion for Summary Judgment. (Attachments: # 1 Response)(Burke, Thomas) Modified on 1/21/2020 (Coll, A). (Entered: 01/17/2020)
2020-01-1723REQUEST for JUDICIAL NOTICE by KXTV, LLC re 22 Opposition to Motion. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Burke, Thomas) (Entered: 01/17/2020)
2020-01-1724DECLARATION of Thomas R. Burke in opposition to 21 Motion for Summary Judgment. (Attachments: # 1 Exhibit 11, # 2 Exhibit 12, # 3 Exhibit 13, # 4 Exhibit 14, # 5 Exhibit 15)(Burke, Thomas) (Entered: 01/17/2020)
2020-01-1725OBJECTIONS by Plaintiff KXTV, LLC to 21 Motion for Summary Judgment. (Burke, Thomas) (Entered: 01/17/2020)
2020-01-1726REQUEST for In Camera Review by KXTV, LLC re 22 Opposition to Motion. (Burke, Thomas) (Entered: 01/17/2020)
2020-01-2427MEMORANDUM by Omar Abdulsattar Ameen in Support of 22 Opposition, 23 Request for Judicial Notice, 24 Declaration and 25 Objection. (Attachments: # 1 Exhibit A (Pages from A-file))(Barbour, Rachelle) Modified on 1/24/2020 (Donati, J). (Entered: 01/24/2020)
2020-01-3028STIPULATION and PROPOSED ORDER for Extension of the Briefing Schedule by United States Citizenship and Immigration Services. (Attachments: # 1 Proposed Order)(Taylor, Kelli) Modified on 1/30/2020 (Kaminski, H). (Entered: 01/30/2020)
2020-01-3129ORDER signed by District Judge John A. Mendez on 1/30/2020 EXTENDING BRIEFING SCHEDULE as follows: Defendant USCIS's Reply In Support of Its Motion for Summary Judgment new date is 2/7/2020. Plaintiff's Sur-reply (Optional) New date is 2/17/2020. (Mena-Sanchez, L) (Entered: 01/31/2020)
2020-02-0630REPLY by United States Citizenship and Immigration Services re 22 Opposition to Motion. (Attachments: # 1 Declaration Fuentes (Supplemental), # 2 Declaration Eggleston (Supplemental), # 3 Declaration Taylor (Supplemental), # 4 Exhibit M, # 5 Exhibit N, # 6 Exhibit O, # 7 Exhibit P, # 8 Exhibit Q, # 9 Opposition to In Camera Review, # 10 Opposition to Evidentiary Objections, # 11 Opposition to Request for Judicial Notice)(Taylor, Kelli) (Entered: 02/06/2020)
2020-02-0631NOTICE OF ERRATA - Supplemental Declaration of Kelli L. Taylor (with signature) to Replace [30.3] by United States Citizenship and Immigration Services. (Taylor, Kelli) (Entered: 02/06/2020)
2020-02-1732SUR-REPLY by KXTV, LLC re 21 Motion for Summary Judgment. (Attachments: # 1 Supplemental Declaration, # 2 Exhibit 16, # 3 Exhibit 17, # 4 Exhibit 18, # 5 Exhibit 19)(Burke, Thomas) Modified on 2/18/2020 (York, M). (Entered: 02/17/2020)
2020-02-1733SUPPLEMENTAL REQUEST for JUDICIAL NOTICE by KXTV, LLC in re 32 Sur-Reply. (Attachments: # 1 Exhibit 20, # 2 Exhibit 21, # 3 Exhibit 22, # 4 Exhibit 23)(Burke, Thomas) Modified on 2/18/2020 (York, M). (Entered: 02/17/2020)
2020-02-1734JOINDER in SUPPORT of 32 Sur-Reply and Request for In Camera Review re 21 Motion for Summary Judgment by Intervenor Omar Abdulsattar Ameen. (Barbour, Rachelle) Modified on 2/18/2020 (York, M). (Entered: 02/17/2020)
2020-02-1835MINUTE ORDER: The Court accepts Plaintiffs sur-reply at ECF No. 32 and Intervenor Omar Abdulsattat Ameens joinder in support of the sur-reply at ECF No. 34. Plaintiff should have sought leave of Court to file this sur-reply and all parties are advised that the failure to seek leave of Court before filing such a brief may result in sanctions, including monetary sanctions or the striking of such pleading. (TEXT ENTRY ONLY) (Vine, H) (Entered: 02/18/2020)
2020-02-1936RESPONSE by KXTV, LLC to 35 Minute Order. (Burke, Thomas) (Entered: 02/19/2020)
2020-02-2537NOTICE OF LODGING: fully withheld documents for in camera review by U.S. Citizenship and Immigration Services. (Taylor, Kelli) Modified on 2/26/2020 (Benson, A.). (Entered: 02/25/2020)
2020-02-2538MINUTES (Text Only) for proceedings before District Judge John A. Mendez: MOTION HEARING held on 2/25/2020 re 21 Motion for Summary Judgment filed by United States Citizenship and Immigration Services. After hearing, the Court ordered the matter submitted. Plaintiffs Counsel T. Burke; M. Khoury present. Defendants Counsel K. Taylor; R. Barbour for intervenor present. Court Reporter: J. Coulthard. (Vine, H) (Entered: 02/25/2020)
2020-02-2639MINUTE ORDER: The Court has completed its in-camera review of documents numbered 114-116, 117, 127-129, 159-66, 198 and 200 that were the subject of Plaintiffs FOIA request and were withheld in full by Defendant USCIS.The Court finds that these documents have not been improperly withheld by USCIS and that the FOIA exemptions identified by USCIS have been properly applied to these documents. Accordingly, as to these documents, the Court grants Defendants Motion for Summary Judgment and Defendant is not required to disclose any of these documents to Plaintiff.The Court intends to issue a written Order on Defendants Motion for Summary Judgment as soon as possible. No further hearing on this Motion is required by the Court. The Court has returned the envelope containing the above identified documents to counsel for Defendant. (TEXT ENTRY ONLY) (Vine, H) (Entered: 02/26/2020)
2020-02-2640TRANSCRIPT REQUEST by KXTV, LLC for proceedings held on 02/25/2020 before Judge Hon. John A. Mendez. Court Reporter Jennifer Coulthard. (Burke, Thomas) (Entered: 02/26/2020)
2020-02-2741NOTICE of RESOLUTION of Exhibit 17 Issue by United States Citizenship and Immigration Services. (Taylor, Kelli) (Entered: 02/27/2020)
2020-03-0342TRANSCRIPT of Proceedings Hearing on motion for summary judgment held on 2/25/20, before District Judge John A. Mendez, filed by Jennifer Coulthard, Phone number 312-617-9858 E-mail jenrmrcrr2@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 3/26/2020. Redacted Transcript Deadline set for 4/3/2020. Release of Transcript Restriction set for 6/1/2020. (Dunn-Coulthard, J) (Entered: 03/03/2020)
2020-03-0343TRANSCRIPT REQUEST by United States Citizenship and Immigration Services for proceedings held on 2/25/2020 before Judge Hon. John A. Mendez. Court Reporter Jennifer Coulthard. (Taylor, Kelli) (Entered: 03/03/2020)
2020-03-0644ORDER signed by District Judge John A. Mendez on 3/6/2020 GRANTING 21 Defendant's Motion for Summary Judgment. (Kastilahn, A) (Entered: 03/06/2020)
2020-03-06CASE CLOSED per 44 Order. (Kastilahn, A) (Entered: 03/06/2020)
2020-03-0645JUDGMENT dated *3/6/2020* entered pursuant to order signed by District Judge John A. Mendez on 3/6/2020. (Kastilahn, A) (Entered: 03/06/2020)
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