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Case TitleNightingale et al v. U.S. Citizenship and Immigration Services et al
DistrictNorthern District of California
CitySan Francisco
Case Number3:2019cv03512
Date Filed2019-06-19
Date ClosedOpen
JudgeJudge William H. Orrick
PlaintiffZachary Nightingale
PlaintiffCourtney McDermed
PlaintiffCheryl David
PlaintiffPao Lopa
PlaintiffMaribel Carandang
Case DescriptionImmigration attorneys Zachary Nightingale, Courtney McDermed, and Cheryl David submitted FOIA requests to U.S. Citizenship and Immigration Services for alien files on behalf of their clients. Non-citizens Pao Lopa and Maribel Carandano submitted FOIA requests for their alien files. After the agency failed to respond, the requesters filed a class action suit against U.S. Citizenship and Immigration Services, U.S. Immigration and Customs Enforcement, and the Department of Homeland Security for the agencies' routine failure to provide alien files within the statutory time limit for responding.
Complaint issues: Failure to respond within statutory time limit, Litigation - Jurisdiction - Injunction, Litigation - Attorney's fees

DefendantU.S. Citizenship and Immigration Services
DefendantU.S. Immigration and Customs Enforcement
DefendantU.S. Department of Homeland Security
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-06-191COMPLAINT against All Defendants ( Filing fee $ 400, receipt number 0971-13449903.). Filed byZachary Nightingale, Pao Lopa, Cheryl David, Courtney McDermed, Maribel Carandang. (Realmuto, Trina) (Filed on 6/19/2019) (Entered: 06/19/2019)
2019-06-192Civil Cover Sheet by Maribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale . (Realmuto, Trina) (Filed on 6/19/2019) (Entered: 06/19/2019)
2019-06-193Proposed Summons. (Realmuto, Trina) (Filed on 6/19/2019) (Entered: 06/19/2019)
2019-06-194Proposed Summons. (Realmuto, Trina) (Filed on 6/19/2019) (Entered: 06/19/2019)
2019-06-195Proposed Summons. (Realmuto, Trina) (Filed on 6/19/2019) (Entered: 06/19/2019)
2019-06-196Proposed Summons. (Realmuto, Trina) (Filed on 6/19/2019) (Entered: 06/19/2019)
2019-06-197Proposed Summons. (Realmuto, Trina) (Filed on 6/19/2019) (Entered: 06/19/2019)
2019-06-198NOTICE of Appearance by Stacy Eva Tolchin as co-counsel (Tolchin, Stacy) (Filed on 6/19/2019) (Entered: 06/19/2019)
2019-06-199Case assigned to Magistrate Judge Laurel Beeler. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 7/3/2019. (ajsS, COURT STAFF) (Filed on 6/19/2019) (Entered: 06/19/2019)
2019-06-2010Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/12/2019. Initial Case Management Conference set for 9/19/2019 11:00 AM in San Francisco, Courtroom B, 15th Floor. (fabS, COURT STAFF) (Filed on 6/20/2019) (Entered: 06/20/2019)
2019-06-2011Summons Issued as to U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(fabS, COURT STAFF) (Filed on 6/20/2019) (Entered: 06/20/2019)
2019-06-2812CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE: Initial Case Management Conference previously set for 9/19/2019 is reset to 10/10/2019 at 11:00 AM in San Francisco, Courtroom B, 15th Floor. Case Management Statement due by 10/3/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 6/28/2019) (Entered: 06/28/2019)
2019-07-0113CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Maribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale.. (Realmuto, Trina) (Filed on 7/1/2019) (Entered: 07/01/2019)
2019-07-0114CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ejkS, COURT STAFF) (Filed on 7/1/2019) (Entered: 07/01/2019)
2019-07-0215CLERK'S NOTICE Re: Motion to Relate Cases (lrcS, COURT STAFF) (Filed on 7/2/2019) (Entered: 07/02/2019)
2019-07-0216ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge William H. Orrick for all further proceedings. Magistrate Judge Laurel Beeler no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 7/2/19. (Attachments: # 1 Notice of Eligibility for Video Recording)(as, COURT STAFF) (Filed on 7/2/2019) (Entered: 07/02/2019)
2019-07-0317AFFIDAVIT of Service for Summons, Complaint, and case initiating documents served on Defendants, Attorney General William Barr, and US Attorney's Office for the Northern District of California on June 25, 2019, filed by Maribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale. (Realmuto, Trina) (Filed on 7/3/2019) (Entered: 07/03/2019)
2019-07-0818CASE MANAGEMENT CONFERENCE ORDER - Case Management Conference set for 9/10/2019 02:00 PM in San Francisco, Courtroom 02, 17th Floor. Case Management Statement due by 9/3/2019. Signed by Judge William H. Orrick on 07/08/2019. (jmdS, COURT STAFF) (Filed on 7/8/2019) (Entered: 07/08/2019)
2019-07-0819CERTIFICATE OF SERVICE by Maribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale of Case Management Conference Order and Judge Orrick's Standing Order for Civil Cases (Realmuto, Trina) (Filed on 7/8/2019) (Entered: 07/08/2019)
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