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Case TitleContreras & Metelska, P.A. v. Executive Office for Immigration Review et al
DistrictDistrict of Minnesota
CityDMN
Case Number0:2019cv00915
Date Filed2019-04-02
Date ClosedOpen
JudgeJudge Michael J. Davis
PlaintiffContreras & Metelska, P.A.
Case DescriptionContreras & Metelska, an immigration law firm in St. Paul, Minnesota submitted a FOIA request to the Executive Office for Immigration Review for records concerning the agency's efforts to comply with the 2018 Supreme Court ruling in Pereira v. Sessions. The agency acknowledged receipt of the request and told the law firm that it was considered a commercial requester for fee purposes. The law firm replied that it was not a commercial requester. The agency then said it would process the request and deal with the fee issue later. The law firm heard nothing further from the agency and finally submitted a second request for the information. Contreras & Metelska then filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantExecutive Office for Immigration Review
DefendantU.S. Department of Justice
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-04-021COMPLAINT against All Defendants (filing fee $ 400, receipt number AMNDC-6777482) filed by Contreras & Metelska, P.A.. Filer requests summons issued. (Attachments: # 1 Civil Cover Sheet) (Ratkowski, Nicholas) Modified text on 4/3/2019 (JLB). (Entered: 04/02/2019)
2019-04-022TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Michael J. Davis per 3rd/4th Master list, referred to Magistrate Judge Hildy Bowbeer. (kt) (Entered: 04/02/2019)
2019-04-023Summons Issued as to Executive Office for Immigration Review, U.S. Department of Justice. (kt) (Entered: 04/02/2019)
2019-04-024TEXT ONLY NOTICE: Magistrate Judge Hildy Bowbeer's Practice Pointers, which have recently been revised, are available on the United States District Court for the District of Minnesota's website (www.mnd.uscourts.gov). All parties are expected to be familiar with and adhere to these Practice Pointers, including any variances from the Local Rules. (JMK) (Entered: 04/02/2019)
2019-04-085NOTICE of Appearance by Adam J Hoskins on behalf of Executive Office for Immigration Review, U.S. Department of Justice. (Hoskins, Adam) (Entered: 04/08/2019)
2019-05-066MOTION to Dismiss/General filed by Executive Office for Immigration Review, U.S. Department of Justice. (Hoskins, Adam) (Entered: 05/06/2019)
2019-05-067MEMORANDUM in Support re 6 MOTION to Dismiss/General filed by Executive Office for Immigration Review, U.S. Department of Justice. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Hoskins, Adam) (Entered: 05/06/2019)
2019-05-068Declaration of Joseph R. Schaaf in Support of 6 MOTION to Dismiss/General filed by Executive Office for Immigration Review, U.S. Department of Justice. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Hoskins, Adam) (Entered: 05/06/2019)
2019-05-069EXHIBIT G re 8 Declaration in Support, filed by Executive Office for Immigration Review, U.S. Department of Justice.(Hoskins, Adam) (Entered: 05/06/2019)
2019-05-0610MEET and CONFER STATEMENT re 6 Motion to Dismiss/General filed by Executive Office for Immigration Review, U.S. Department of Justice.(Hoskins, Adam) (Entered: 05/06/2019)
2019-05-0611NOTICE OF HEARING ON MOTION 6 MOTION to Dismiss/General : Date and time to be determined. (Hoskins, Adam) (Entered: 05/06/2019)
2019-05-0612PROPOSED ORDER TO JUDGE re 6 MOTION to Dismiss/General filed by Executive Office for Immigration Review, U.S. Department of Justice.(Hoskins, Adam) (Entered: 05/06/2019)
2019-05-0913ORDER REFERRING 6 MOTION to Dismiss/General filed by U.S. Department of Justice, Executive Office for Immigration Review to Judge Hildy Bowbeer. Signed by Judge Michael J. Davis on 5/9/2019. (GRR) (Entered: 05/09/2019)
2019-05-1014TEXT ONLY ORDER: Due to the pending Motion to Dismiss (ECF No. 6), the Court finds there is good cause to delay the entry of a pretrial scheduling order. The Court will schedule a pretrial conference, if needed, promptly after a decision is issued on the pending motion. Ordered by Magistrate Judge Hildy Bowbeer on 5/10/2019. (JMK) (Entered: 05/10/2019)
2019-05-1015ORDER setting Hearing on Motion to Dismiss (ECF No. 6): Motion Hearing set for 6/19/2019 at 09:30 AM in Courtroom 6B (STP) before Magistrate Judge Hildy Bowbeer. Briefing on the motion shall be conducted in accordance with Local Rule 7.1(c) for the District of Minnesota. Signed by Magistrate Judge Hildy Bowbeer on 5/10/2019. (JMK) (Entered: 05/10/2019)
2019-05-1416LETTER TO MAGISTRATE JUDGE by Executive Office for Immigration Review, U.S. Department of Justice . (Hoskins, Adam) (Entered: 05/14/2019)
2019-05-1517ORDER resetting hearing on Motion to Dismiss (ECF No. 6): Motion Hearing set for 6/28/2019 at 09:30 AM in Courtroom 6B (STP) before Magistrate Judge Hildy Bowbeer. Briefing on the motion shall be conducted in accordance with Local Rule 7.1(c) for the District of Minnesota. Signed by Magistrate Judge Hildy Bowbeer on 5/15/2019. (JMK) (Entered: 05/15/2019)
2019-05-2318MEMORANDUM in Opposition re 6 MOTION to Dismiss/General filed by Contreras & Metelska, P.A..(Ratkowski, Nicholas) (Entered: 05/23/2019)
2019-06-0319TEXT ONLY ORDER: Due to the pending Motion to Dismiss (ECF No. 6), the Court finds there is good cause to delay the entry of a pretrial scheduling order. The Court will schedule a pretrial conference, if needed, promptly after a decision is issued on the pending motion. Ordered by Magistrate Judge Hildy Bowbeer on 6/3/2019. (JMK) (Entered: 06/03/2019)
2019-06-0620Reply to Response to Motion re 6 MOTION to Dismiss/General filed by Executive Office for Immigration Review, U.S. Department of Justice. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Hoskins, Adam) (Entered: 06/06/2019)
2019-06-2821Minute Entry for proceedings held before Magistrate Judge Hildy Bowbeer: Motion Hearing held on 6/28/2019 re 6 MOTION to Dismiss/General filed by U.S. Department of Justice, Executive Office for Immigration Review. Motion taken under advisement. A Report and Recommendation will be issued in due course. (Court Reporter Erin Drost) (BDB) (Entered: 06/28/2019)
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by FOIA Project Staff
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