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Case TitleBLIXSETH v. UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv01292
Date Filed2019-05-03
Date Closed2020-01-14
JudgeJudge James E. Boasberg
PlaintiffTIMOTHY BLIXSETH
Case DescriptionSeth Blexseth submitted a FOIA request for records related to his name, a specific aircraft tail number, or Yellowstone Aviation & Marine. The agency acknowledged receipt of the request and told Blixseth that he would need to commit to paying $300 for the cost of processing his request or narrow its scope. The agency ultimately processed Blixseth's request and disclosed 357 pages. Blixseth filed an administrative appeal of the response, indicating that the search was inadequate because his airplane had been intercepted by ICE on three occasions. After a further search, the agency disclosed another 48 pages. Still dissatisfied. Blixseth filed suit.
Complaint issues: Adequacy - Search, Litigation - Attorney's fees

DefendantUNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT
DefendantUS IMMIGRATION AND CUSTOMS ENFORCEMENT
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
Complaint attachment 16
Complaint attachment 17
Complaint attachment 18
Complaint attachment 19
Complaint attachment 20
Complaint attachment 21
Complaint attachment 22
Opinion/Order [23]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-05-031COMPLAINT against US IMMIGRATION AND CUSTOMS ENFORCEMENT ( Filing fee $ 400 receipt number 0090-6102790) filed by TIMOTHY BLIXSETH. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit)(Himes, Lisa) (Attachment 1 replaced on 5/6/2019) (zef, ). (Entered: 05/03/2019)
2019-05-032NOTICE OF RELATED CASE by TIMOTHY BLIXSETH. Case related to Case No. 1:18-cv-00593. (Himes, Lisa) (Entered: 05/03/2019)
2019-05-033NOTICE OF RELATED CASE by TIMOTHY BLIXSETH. Case related to Case No. 1:18-cv-02281. (Himes, Lisa) (Entered: 05/03/2019)
2019-05-06ENTERED IN ERROR.....Case Assigned to Judge John D. Bates. (zef, ) Modified on 5/6/2019 (zef, ). (Entered: 05/06/2019)
2019-05-06NOTICE OF CORRECTED DOCKET ENTRY: re Case Assigned/Reassigned was entered in error and case will be reassigned. (zef, ) (Entered: 05/06/2019)
2019-05-06Case Assigned to Judge James E. Boasberg. (zef, ) (Entered: 05/06/2019)
2019-05-064SUMMONS (3) Issued Electronically as to UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 05/06/2019)
2019-05-095RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/8/2019. Answer due for ALL FEDERAL DEFENDANTS by 6/7/2019. (Himes, Lisa) (Entered: 05/09/2019)
2019-05-096RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/8/2019. (Himes, Lisa) (Entered: 05/09/2019)
2019-05-097RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT served on 5/8/2019 (Himes, Lisa) (Entered: 05/09/2019)
2019-05-248NOTICE of Appearance by Paul Cirino on behalf of UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Cirino, Paul) (Entered: 05/24/2019)
2019-06-069ANSWER to Complaint by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT.(Cirino, Paul) (Entered: 06/06/2019)
2019-06-06MINUTE ORDER: The Court ORDERS that the parties shall confer and submit a proposed briefing schedule by June 20, 2019. So ORDERED by Judge James E. Boasberg on 6/6/2019. (lcjeb3) (Entered: 06/06/2019)
2019-06-06Set/Reset Deadlines: Proposed Briefing Schedule due by 6/20/2019. (znbn) (Entered: 06/07/2019)
2019-06-2010Joint STATUS REPORT on Proposed Briefing Schedule by TIMOTHY BLIXSETH. (Himes, Lisa) (Entered: 06/20/2019)
2019-06-2011Joint MOTION for Extension of Time to File Separate Position Papers by TIMOTHY BLIXSETH (Attachments: # 1 Text of Proposed Order)(Himes, Lisa) (Entered: 06/20/2019)
2019-06-20MINUTE ORDER: The Court ORDERS that the parties' 11 Joint Motion for Extension of Time to File is GRANTED, and that they shall file position papers addressing the proposed schedules for this action by June 27, 2019. So ORDERED by Judge James E. Boasberg on 6/20/2019. (lcjeb3) (Entered: 06/20/2019)
2019-06-20Set/Reset Deadlines: Parties shall file position papers addressing the proposed schedules for this action by 6/27/2019. (znbn) (Entered: 06/21/2019)
2019-06-2512RESPONSE TO ORDER OF THE COURT by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Exhibit A)(Cirino, Paul) Modified event title on 6/28/2019 (znmw). (Entered: 06/25/2019)
2019-06-2713RESPONSE TO ORDER OF THE COURT by TIMOTHY BLIXSETH. (Attachments: # 1 Exhibit 1)(Himes, Lisa) Modified event title on 6/28/2019 (znmw). (Entered: 06/27/2019)
2019-07-01MINUTE ORDER: Although Plaintiff raises a number of issues related to both the Government's search and its withholdings in his 13 Response, it appears that these are questions best resolved in briefing. As a result, the Court ORDERS that the Government shall file any motion for summary judgment by August 15, 2019. So ORDERED by Judge James E. Boasberg on 7/1/2019. (lcjeb3) (Entered: 07/01/2019)
2019-07-01Set/Reset Deadlines: Summary Judgment motions due by 8/15/2019. (znbn) (Entered: 07/01/2019)
2019-08-0714PROPOSED BRIEFING SCHEDULE by TIMOTHY BLIXSETH. (Attachments: # 1 Text of Proposed Order)(Himes, Lisa) Modified event title on 8/13/2019 (znmw). (Entered: 08/07/2019)
2019-08-08MINUTE ORDER: The Court ADOPTS the parties' 14 Joint Proposed Briefing Schedule and ORDERS that: (1) Defendant shall file its Motion for Summary Judgment by August 15, 2019; (2) Plaintiff shall file his Opposition to Defendant's Motion and any Cross-Motion by September 18, 2019; (3) Defendant shall file its Opposition to Plaintiff's Cross-Motion and Reply in support of its Motion by October 18, 2019; and (4) Plaintiff shall file his Reply in support of his Cross-Motion by November 1, 2019. So ORDERED by Judge James E. Boasberg on 8/8/2019. (lcjeb2) (Entered: 08/08/2019)
2019-08-08Set/Reset Deadlines: Summary Judgment motions due by 8/15/2019. Response to Motion for Summary Judgment due by 9/18/2019. Reply to Motion for Summary Judgment due by 10/18/2019. Replies due by 11/1/2019. (lsj) (Entered: 08/08/2019)
2019-08-1515MOTION for Summary Judgment by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Memorandum in Support, # 2 Declaration of Toni Fuentes (with Exhibits 1-9), # 3 Statement of Facts, # 4 Text of Proposed Order)(Cirino, Paul) (Entered: 08/15/2019)
2019-09-1816Cross MOTION for Order for Discovery Pursuant to Rule 56(d) by TIMOTHY BLIXSETH (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Exhibit 1, # 4 Statement of Facts, # 5 Text of Proposed Order)(Himes, Lisa) (Entered: 09/18/2019)
2019-09-1817Memorandum in opposition to re 15 MOTION for Summary Judgment filed by TIMOTHY BLIXSETH. (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Exhibit 1, # 4 Statement of Facts, # 5 Text of Proposed Order)(Himes, Lisa) (Entered: 09/18/2019)
2019-10-1818Memorandum in opposition to re 16 Cross MOTION for Order for Discovery Pursuant to Rule 56(d) filed by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(Cirino, Paul) (Entered: 10/18/2019)
2019-10-1819REPLY to opposition to motion re 15 MOTION for Summary Judgment filed by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Defendant's Response to Plaintiff's Statement of Material Facts)(Cirino, Paul) (Entered: 10/18/2019)
2019-11-0120REPLY to opposition to motion re 16 Cross MOTION for Order for Discovery Pursuant to Rule 56(d) filed by TIMOTHY BLIXSETH. (Attachments: # 1 Declaration)(Himes, Lisa) (Entered: 11/01/2019)
2019-12-17MINUTE ORDER: The Court ORDERS that Defendant shall submit to the Court for in camera review by December 19, 2019, clean and redacted copies of the 48 pages referenced in Plaintiff's Opposition. See ECF No. 17-1 at 1 ("Plaintiff also requests that the Court review the forty-eight (48) pages at issue in camera ...."). So ORDERED by Judge James E. Boasberg on 12/17/2019. (lcjeb2) (Entered: 12/17/2019)
2019-12-17Set/Reset Deadlines: In-Camera Submission due by 12/19/2019. (nbn) (Entered: 12/18/2019)
2019-12-1821NOTICE of In Camera Submission by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Cirino, Paul) (Entered: 12/18/2019)
2019-12-19ENTERED IN ERROR.....MINUTE ORDER: The Court ADOPTS the parties' 60 Joint Status Report and ORDERS that they shall file a further joint status report by January 30, 2020. So ORDERED by Judge James E. Boasberg on 12/19/2019. (lcjeb2) Modified on 12/19/2019 (znbn). (Entered: 12/19/2019)
2019-12-19NOTICE OF CORRECTED DOCKET ENTRY: Minute Order filed on 12/19/2019 was entered in error on the wrong case. (nbn) (Entered: 12/19/2019)
2020-01-1422ORDER GRANTING Defendant's 15 Motion for Summary Judgment and DENYING Plaintiff's 16 Motion for Discovery. Signed by Judge James E. Boasberg on 1/14/2020. (lcjeb2) (Entered: 01/14/2020)
2020-01-1423MEMORANDUM OPINION re 22 Order on Motions for summary judgment and for discovery. Signed by Judge James E. Boasberg on 1/14/2020. (lcjeb2) (Entered: 01/14/2020)
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